Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

4l- Wee hft* -OV:E- TO POLITICS MORALITY EDUCATION AND ro THE GENEItAL INTEREST OF TI OOUNTRY. VOL. VI. PICKENS, S. C., THURSDAY DECEMBER 14 1876 - -AO.1 4Mjixi 1y in tho- GiNAi Court. ARGUMENT 'IN TUN 11ABRAS COaPUN CASE-JUDOG 'BOND IRSF.RVES HI DEivisoN. CoLuMBIA, Nov. 29, 1870. Supreme Court vnit at 10 o'clock. IThe court room WuS crqwded with an intelligep.t audience. The "habona corpus" case in relation to the Board of State Canvassers came up. General Conner informed the court that the pape s filed in the case vere not correct. Mr.,CPrbin stated that whatever misikes has been made would be corrected and that a certified copy of the record in the court below would be lid Mr. Johnson made a motion to re mand the prisoners back to jail, and prsoeeded to argue the same. He tien argued the petition on which the urib was granted, clause by clause, ind said: The act of 1867 regulates tPe is%ulng of the writ of habeas cor Pus. Jf the State Court had put the parties in jail tor a criminal cicnse, the United Staces Court would have had no right to take them out. The Supreene Court of the United States had but a few days since fellowed this very course, and the same principles apply in this case. When the peti ltion, oin its very face, as in this case, shows that the parties have no right to a habeas corpus, then this Court should not have issued it. This pe. tition.. shows no case, but.only that the .parties are restrained of their liberty. A judgment of- State Court on a stawte of UviefState..is binding over all the coorte of the world and no power.ean change it. Cited decisions of Supreme Court 'of United SLates. Evvn theuptcmo Court of the United Stateo cannot decide State law; they have never done it yet. low is it PosIblo for any tL,ibiliul but that of the Stage iiolt .to decidu what th1e lwo South Carohina is. Neither the Sivr4fme Cs urt nor the Legislaiture ( the United States itself can interfere with the laws of a State made under teh Constitution of the United States il. is impossible in the nature of our government, to be otherwise. After the~ Supreme Court of a State has decidebd a matter t.here is no ap peal, except to that Judge who eits over all men; und in this view of the o"se ,the Board must be punished under the laws of South Carolina. Thmere is no question here for federal ihterference, and the Supreme Co,urt of the State is supreme unless in some uvdtter (f 'Poderal rightt. Where parties come to this court for relief, 4 they must show that they have a right to the assistance demanded. It this case had a right to come into the supremne Court of the United States, ,they ;o9ud haive had no re. cord 'to argu'o from, because they would be obliged to show that some Federal right was involved, and that the State Court desired. They have ntot,shown this in their petition. .I therefore claim that these men should be sent back to jail. That when it app)ears to a court that a piart.y has been confined by thme order of a foreign court, the first named court, should remand the party batck to the foreign court.--Cites Mey v;id np case sh owing that theyhaye been.prived of rights nuder t,be laws and Constitution of' the United St'at.es. Who is to pass uJ%in tho~decIisimofd a Supreme Court, if St la not to be The judge of its own qVedra ,If they liet un'jaat1y, if it suup authority, it can only be made ~aM4%apid t.o the p,o wer which created * -ia U ee eourt, do not deprire a per een btany retonferred on them by thenstNtdharid lattVi of cte U. s. then 'theZr coicisioni is absolute and cann&oit e et,aide. .9)eis nothaing inm this whole questiov., You canniot decide th,at the dedaon (Vif lie SuIpremeo Con ri d4 SNoukii Carolina is void, anmd we ask 'our Ilenors to grant use this 4 motios. Mr. JOhnUSnn' amemn t o..w:ich we have only givoin the IMbstance, wai of the clearest aid most con vincing character. Judge Settle, oo behalf the rela-. torA, m1111de an elaborate a, gumeit to shOw that this was a Federal qlaees tion, and was followed by F. W Don ny, of Indiana. General Conner - aplogized for haVing to quote law which should be perfectly clear to any mind. The .real qiestion here is, as to whether this court has the right to review the judgment of the Supreme Court; they have not bronghi. ife case to stistain their poeition. If they had the case of. Electors here they mught, ha% e Some ground for argument, but they canl haive absolutely nione in this causm. The Supreme Court has oaly decided upon the case colcerning the mumbers of the Legislature, in which case the Bourd have beet) committed for coutempt. There is not hnivolved in. this case any qies tion for Federal int rFerence. Ile staunds ona the broad ground that this court has not the right to imterfere in this matter. lie then cited numerous decisions of the U. S. Courts, and also statutes of the Uited States. Your Ionors have iio right to sit in judgment ol the proceedings of the Supreme Cmurt of this State, for then yon make yoursel!' an appel lae ct ort of tihe State. Cites casea. Thesze cases containl priilc.es which are older thoan the United S a1tes itself, and have C me dow;i )y al utbr,k,ii ehain of de ei-iont-. These authitri:,ics mma ks out clearly 'Whalt is thie law. It is im material whet ler tile dI'eisio; of 1 he Supremle Court is : i.ht 1 not, this colurt callnn t II% its h1IliA 4)n it any &ore han o1 t1ha t fo a orei:n1 Co IIt. No authori,y Canl b). cite' tol go behind the rcords in) thi calnse. It' tle position tak.n1 by tihe other Side he true, then the Stipreme Court can be brought, up ny -r aty jiudgllent rend(ered from inmrder to petit lait ceuary, if theO partiesa choboe to aIlege that it is a Federal mat-er. Or case rests npon1 a principle which, if vi laed teach B men to disrespect a judgment of the Sui preme~ Courit. Ia thIis n ot statbbintg to tihe very' vitalaB that respect f.or law which is the protect ion of every coi unt ry. OoponetCts have not a single aut hority to rest their applicationR oil. If these muen a-o to be remanded to jail or aire to be released, we ask vonr hionors to mtake known your decisoion~ a19 s'oon as possible, so 1,s to let the Supre,ne Court know at onIce whether or unot they areO or not to pass judgments which can b)e en forced. We have done bitt litle justice to h bis l ucid and eloqutent speech, w h ich wa listened to with profonnd ats Judge Bond reserved his decisio, and tile court adjourned until Fri day next, at 1G o'clock. Are Repubioans Insensible I Thle picture recently drawn by Prof. Sumner of the sta'e of affairs in New OrIlans uinder carpet bag ruleo cfanot fail to be dishuearton.ing to every lover of ou r free inst ituiions, saye tt1 16ew Yo k un. Here is a city, the no thI in)P0) poult ion 'f the cliies of the tUnioon, almost litterly wrecked by the corrupt rule of' a set Eveni Republican comnmittees have s;igmuatised the ou'rnges 01n the lib) erty of the franchise which have been) steadily commritted in Low slina f'or eight years pat uindIer the f'usterinag eye 41 the national aidmujiiation, anvd with a b)rotheOr-.in-law of the President a~ one0 of' the chief' engina eere of' the matchinuery. Practically, Louisiana has been) dieprieved of a free gov'ernuu.ent during ths ti.-- I Its wealth las been squandered,its superb natural advantages have gone t to wROt, and the enterprise whiely v has gatherd nearly - two hntidred, < thousand people in its chief city has b been defeated b. a misrul more c tyranniciF thiti" that which ihas driven matny a plundered Ond des'. perate community into the forrn 6 extreme of war. We have read of outbreake in Now a Orleans, and the almost hopeles a energy of its peoplo has been den- b ounced by General Sherid-in n the s lawless passion of banditti. But, ao p a wh(,le, the citizens have displayed i a self control which does them honor b -a self control which we entreat to them to maintain with even greater ti care in the present terrible emer- a gency than they have done in the st inst. Their enemies alone will pj,ofit c by their acting other than in peaceful ti ways againAt the power which grinds g them. Their patience and forbear- c, ance will stir the sympathiies of the rest of the Union, or else we are fit only for a corrupt despotism. Professor Sumner says that New i Orleans to day is the most mourniful city he ever saw-squalid in appear- o aice, the people dispirited and hope- c less, and everythiig that eives life to a commercial centre gone from it. In the 1a4 election the citizens 1180d every lawful mleans of getting rid of their pniderers. They made no.ob jection to negro suffrage, found no fault with the U1ion, which wai s1e0d to strengthen their enemies, gave no wOr.*k to tle Uni'e States ti oopls sent Ilhithelr u1n1der. tihe ptetence of keel Lping Ile!ll in ordCr, and reli;( unIly in the ballot )Ix to secure thlir redemp tipn. They ex hautimd e nery deI ice to prevent tiatuds at tic elec-ion, rla soed with ihe tiegroe-, oIrgani zed imlif.ical club11)1, sent (ut trusty agents to prevent repeating at thie iolls and to collect returic., and did overvthin that a law abiding people under our system of government cia:n do. A md now they find their v'illainous Re- t ttiruring B3ard p1 eparing to conoti ou t the hand]some mnaji rity their et torts secu red and of wr ich thev' have the detailed antd aut henitic re tuns. Meaniwhile a1 great party at he N 'rthi refu'ises to Ilist en t' their solemn iv ord, preferrinig to taike ihe lies of a bet of' sc 'undrels its o'wI agents have huithterto denioun ced and reprobat ed; au ] its head and thle head of thte nat ional Go.v'ernmnent su r rounds theite tamnperers with the bal, lot with a cordon of troops. Can honest and reasonable Repubh licans stand idlyv by and allos' wrong to be consumm:ated? Are they po patredl to take adv1antage of it to ini alnaulrate a Presiden,t of their party3' Do thley' not foresee the (doom t-hat im pendsl over all whoi have any parr in such a perversioni of the ball of' T'h i is not a parisan mnatter'. It is, m1 nuh b gger than that. It is as it th city of New York bad been kept wnder the heel of Twieed's ring, in spite of the efforts of its citizens, by the pow. er of the State and Natijonal Govern-. men t work ig ini uitisoni to annui tl the verdict of the ballot box. It New Orleans was across the riverc from us,t we should t h ink of little else t han how to redeem it trom to ti eves r who, devour its subst anice and to) wii e , (off fromi our famre so black a blot asi its ruin. Ba- though New Orlean st is sixteen hunmdredl miles anayt), i ts c adversity is as reactive on its as if it c were only six muih s awa:. Luokinig J~ at the oultrage merely selfishly, can C any man of businees, any mani who ' wor'ks, fail to see that t he crushiing o d a great city of' tile Un ionu, c'ntainin g a neoarly two hu ndred th.n'sand i nhab, " itante, the E)nti&et of the Vast trade of the M issisd i pi river, mnut surely work geat damifage t.o our own p,r.s peritjy? Anld ini a birger light we can , ce thle tru'hI of Prof. Siumnier's word (- e, whien he says he camne back trom, IS N4ew Orleahs "believinig that One i.. 11) titutition are about toibo plit to eat compared with wujich tho w ras insignificait-one which w lemntd that we gather together t nr manhood and patriotism, and >ur traditionis tf civil liberty and rot overmint " 'i We still hope that we may con ut of this tial sound and health Yr the questions now forced on ti ttention of the Crolantry arC so lar nd so momenItoIs ththoy ought retk the bonds of selfish partisai 6i), and awaken patriotism and hip olitical philsophy, even in nu ho have been careless or thoughl B regurding them. Yet if such beI the restilt, it must be achieve u1-trI'ug the spontaneous, independer Wiln of the honet Republican mai 5s rising atgainst the villains w mt1tr(l and inairige their party. Bi iere is no time to lose. If they ai ing to do anything to save the mnltry, it must be done quickly. Food, Work and Sleep The things that a man needs moi i this world are food, work and sleeu [e dosen't need riches, honis, ( ice to live lie needs sticiety, h ise he was made tor it. le m ve and be loved; his life and haj iness are prminoted by companio 6ip; mirtual dependence and cool ns ilarg. hlope and stimluilate courg, et after all he lives it his friends di here is lit) frm t hereavement, bt as its cmisolatimi. The best prese er ft lift. h- con"e :lle t. t or ork de,tr c ive of strens,h. Thl >Ilk tmrwaird to rest, to) a life ()t Cas hiclh to themn ineans cesat taim fr lie c ire. ot business. They mist al be Canse f wveariies4. It is not war t is care, it is mver eNer ti'ln, it liitiOll and detil e af'er gain 1th n)g worlI aid Weilr\ tculinks. A e D 6sse.m, w O)"ssess ni I Ib. Ti '011er we%' get throilghi lib-, 'it! e 'sIl 'ster a-inan lives the quj icker I eaches the end( of life. lTie:o eu iree ends1 to hife, and' deathI is 11 ist and lo.tst desirable oh them. (i nid is to lhte. That is why we ai reattedl-to, live as long andi as we 8%a we can. S::omet~ go( mon ingr oi rtainig onl their way. as shouigh li nsi a1 bordenCu, anid thtuitI is puiety VU t-i a Iiiwzet im , umstes:i,. T i 'isite is titue. A mant s5hould (Ce t) li'e Cout 1ll his dayVs, and1( he ca ot aiccompijh,h it ini it better' wv han by using every mneans to pr lno'e life. Among these itieatis thiir, hinmgs are menitioned at the head his aa tiele. W lhen a umn deii hiinslfl sleep, food, amnd the exerei vork, gives brain and body war 'e tobs his life of its tull teirm. L uim be cheerinl also, lie is line muginle-it will run well anid long t. is w~ell1 od ed. Conimteni: ment ii becerliniess are the oil that keej he n'er*veh romn wearing oaut. Bi: n.on and womencf think that time ta m i (lm toil for sleep and recreatir a timeu lost. It is ically like the c neutii put ini to fill nyj thec joirits, :eep out the weathter and preser1 he bil ding. In London military circles it, is r riored that thirt v thousandl Fren< olunteers wilijoin the British arm ri case of war with Iliiussia, tCemp)a y' the bounty and the pay. A i' ruiting ofiee is Hind to have bet pened at St. IILltier, in tlhe bialand ersey, w hichi has atlreadly enliistedl onsiderable number. It is thougl htoi the French government ay ei eavor' to interfere in the ma:tter, wit view of preservinug the obtigationis< eu tra*lity. 'I he Ilon. John WV. Fosteir replor the depaartment ot Agriculture th: Mex ico I here exists t he agrienilit ptaicity to) produce alt the coffee th: in be constUnmIiedl in the jUnio ~ates, au (d of a qutati ty 'qual to t i at3 drown in unoy cnolty P iU6n-a0of Digestilon. ir A Cuntors CAs;C VNtmR DiC-SSiN il I Pens. J.st noW medic;l men i Paris are busv discnssing a cnrious ease whichI has como under t i.e observatin of the learned Dr. Verneni'. The Doctor had a lad brought to him for treat m1ent at, the -1ospital de ha Pitie. who e ha-l swallowed by accident i dose of o caustic poasi. The terrible esciar otic produced so tight a collstrict lion in ti gullet thal io - .d would pass down into the otomach. Dea' h from inanition imust have been the i'esult had not Dr. Verneui! c urage d ous1% resolved to peilruiio the dread ful operati .n known a8 gatr4lotmy. On the 26th of July, accordingly, he o cut right into the lad's stomach, and it Inserted into it an elastic tule, b thro;gh which fo,d cotiuld be injvc .ted. In this way soup, fine chopped meat, mashed vegetables and driik, were admiuistered. Oin the 10th of Septem'-ier the young man recovered a his health and spirits. He was able to go about and help the serv-zints ill the hIspital, anld seemed to have as tuch life and eiergy us he had be fore the alccidlit. Buet wepl tlt 18 ti ft' August and the 14th of September l gained teni poiunds in weight, j whiie beilig led througlh the hole inl i8 s'oimich. O corse thim (aSO ti must have a rire interest foi a1ll sil t- t dents11 of the compflex poiihnomena o, drdiestion, andl it canniot bu e aa still ttrai ger ile. w ieb nearly f irty' I "Imears agolDr. 14-eumitlnt aaadial. had t 110 t'.i n1111 to) . berve. Iis 1.a (int enbled phla i .logist.s, ini fact, to 14)rtun1ila e i, el Ily all mir existil-g movltdge of M.e PrCocIhess of 8ml ja,Chal digeti [I lie wia ie Alexit St. Mjari ii b v name, anl Iickil. f>r .:iCe, lie had ati -.10 lelmade ill lhis A ch dhrough the suddt i i geol0 e a gim. D.. lBemuitfit Cnri him soi lar that he rectivered his he'Ir It I ,. I lholIgh Iie wf li al ed(. theC openinig rema,liined, a. di a leJ e2(i liii stanice A in,oter case f the s;une. sort-that f anl E-tIhi. wad Oille t'til andi~ I wen ty e;421rg ago, anid vi4 i.etoris knotw hiw lood. ( lot ad e I tilicial ly prodducd thle TI nec l i i in *bgs, andii t hieihr I) gaineud a certaini inIsigut into the hec-- i halviori ot food ini the v'entral alemiu)c - f the I issues. It was fod for ex amplec, thIat in the fast inlg state thec walls of thew stmach 1Ippe'ared plel tad fl.dhby, andt hi close together, whle:enpon(11 some1l 1Ceople. erroneouly et cancluded that tie scosar.in of lunu .~ er was11 due to tile rubbm tg of tihe co'ats ofI the tonnich oil each oIther - It w~as ilo ted' t hat w henlever fo,od was inltrodulced tile. BId S of t he cavnly t Sre(dened w ah1 tihe stimulated circI- I k latiion, nir.d its mrusenilar act ivi' y was aroused0'l. As Dri. B~eaumon111t said, t fr om ob)-ervaions mu iade (on Alex is s oSt. MNartini, the che4.wed food was I churned in the0 stiimaichl, and carriedi r'' 11(uidad lollud( t he cJilse 8 of its S *curvatures. Ini tais way it wvas tritu ~h rated an e11 xpjos d to tile sol1vent ae- s y tai of the( gastrie juice which ace ~d . on the albumino11101s tad gelatinous i8 s11het autces Baaa.1l wed, un iti. gi adually] n1 a milky flmid, kinownz as ch.i tiiu, was ai re.at we take uasually ab sut four hioursil it to digest a d11me1; andl it u as also ) >i table. f'r examph-l, that Iats~ andit oil ti,e~ a lonig Iilme 'i di..es t w;hen in-. are1 inll ill tre14 t-iteusi.\ gdIt ijd o f bi that 4,1gana il ealten i ithi :a&ad or t vegtt ble i.aitiis. Or alil b0 cliiouls iEIcis obse'~ Vedh t e by S studenit 44 the phen(lon 0 a o'f di ip est t iin. lho unCer noon 1111 11 ..5 ........ c. it ihe ex ew. toe owtik-l en of jotta ere ISO!e to affkect Ie opera' . nafit he stomich Mental exerti,stis, pure ld simple dd not seem to re'ard i esitin sib much as had been-, cm.. at ured. Yet Whlen a881iaed W* ee-P em,tions, or witi that t*'e ioI ss of mind we call '-worry'" it op eared to have a barreuil influenee. s f.r the fietcer pasc-imirt, an 41tv reak ut them wvuld sonetines suI cc to preveit the Stmlacihfo, v(II ?[henl m4pst vig. rons, trmii discharg.. og its funictios. Another m 'eri. tits p nlitwmeia noicedl in coniectimi Iill digeition was tihe Snpaithet-c ifililnee exercited by i1e stmiach ver the ecretiois of t he mougo.-. 'l is secretion, as it is well kno4wi, as an important chemical iactel on ortaill Cmstilunts ot 1o04d1, cbangi:ig y a sort of fermei i g pr cesi archy mattters, for iliKtn, 1it igar. In Dr. Ve iiuil't i4e, whepo. ver ftod was itjueltd into the ston Lfh of h1's pa: itli " t flow Saliva in ig 111011th iS pr4du1CLAd iin 11t ejk-ectiln I which a inotion ciriwisly ruei ling chewing is ri-emarkerd." Iii lort, the jiffejent parts of the digee. ve ap1palatus are sit litiked t(ogetOer y tiervious connec;ioi that they s.% mpatliisv" wii h eacis other, and oneh be t3titiulated the rest are alto tet Unts might be expected, K l e ti . 3, 11 C 1I I C 15 1)It r tl ~ 10ere, is nto c-nneectimis apparent be a evil 1110 ier sVO1s 18 ysI of tle onaeh and tihu nerves et the taste, i it i iilAteld uf Dr. Veriii1s ila Lent that whol 1od is put ilto hi tdich, lthuugh his 1inth fills w' hI sLiv a , hie teeli no. sense3 ta flhvor t the sui'ance witi wiiiehi lie isted. he is Wily :%ware if the. be hot or 1111d, 1nd ilIdeel i p anwhrite could )e in a state of mnire pliillsophic ii lifferenice to Ih el cl iceit pleauilles of aIble. Tle qiiesio 11Irest itself up% ,11 118, will it be a beneficial thing to esemn, him 1roml thlis condiititi ..hece be hai ( times , 1A MiVry food i gt.ti;g dlearer alnd dearer every ay. WVosaid rir,t a inai ''ho was bus)~ ph) sically'~ n lsensai hje to gadroni s mic11 hlxuiest), who 30care! i t a jut ti to whliat. he1 ate or drank, htave~ an dlvanltage ill the6 battle for h11e which g hit not toe be lihtly esimiated? 8t Iug as good digest iou waited on p. 'e:ite, lie wonld be free& tromt the arkingcr thar d:arkens~ t he soul of hi: sa bare ac~'s he poniders inI his ain d thbat m' st mo' enitolns of all et ionst. WV hlat shall I have for inner to-day? or' sitte d0 'I tee his he' Cookeh's ki rchen seiuce ii.ay~ for n1Ce have tailed him in its prepara 0on. Taui BEA&TEN I'ARY.- If as, aid a p)ious father oat on Sath Hill ' his haopetiil son, "yon did not saw ny wood for the kitchen stove yes-. erday, as I told yout tie; you left the 'ack gate openI and let the COW get ut; Son cut off eighlteen feet from he clothecs line to mtake a laseo; you tonled Mr. Robinseon's pet dog anId unedCl it; yon put a hiar d shell turtle tithe l.ired girls be;1 nted a tranlge dog to MI r. Jacoebso)ns door miel, and paintedi red and green IrIIpCSes the legs taf old NI . l'ola t'e's wite pony, and hnoig youlr sis (er 's hust8 le on t atL the frol. it rdow. No)w, wh1at amlf 1-whalt can I do to 'n fl jr such condluct?" "Are all the onnit ies heard fromi?" asked lie can idate1 (. The fat her rep)lied st,erl ly: 'N, tr iflinig, sir; no, I havo yet ser ral reportS t(o recjie'i from others of heC neigii b)or."' "Then1," reph ed! the P1y, '-yon will nlot he~ justifled in >roceedinIg t o extree;i meICsaOs noutil lie official counllt ii."SotyaN erar~sd t he electionet wats thrown itt bie housiae, andJ before hlfi theo votes are. canI vass dl, i r was ev.identt, from IC peculiar inlt(onati II of theS ap haiiue, t hat the haoy wais badly beat ri --Hutrlingtoni llawkeye.