The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, March 08, 1878, Image 2
The True Lion Law.
An Act to secure landlords and persons making
advances.
Suction 1. lie it enacted by tlie Senalc anil
House of Representatives of (lie Stale of South
Carolina, now met and sitting in (Jeneral Assembly,
anil by the authority of the same, 'I hat
an act entitle! "An act to nmenil sections 56 anil
57, chapter 120 of the revised statutes, relative
to liens on crops, npproved June 8, 1877, be and
the same is hereby repealed. ,
Sue. '2. If any person or pfersons shulW0W'
any advance or advances, either in money or
supplies, to any person or persons who are employed
or about to engage in the cultivation of
tlio soil, the person or persons so making such
advance or advances shall lie entitled to a lien
on the crop which inay be made during the
year upon the land in the cultivation of which
the advances so made have been expended, in
preference of all other liens existing or otherwise,
to the extent of such advance oradvunces:
/'rucidcit. An agreement in writing shall be entered
into before such advance is made, to this
effect, in which shall lie specified the amount ml
vnuce'-i, or in which a innil sunn i>? nxe'i ucyond
which llic advances, if made, from lime to
time, during (lie year shall go.
Skc. :J. If any person making such advances
shall make an affidavit before the clerk of the
coiiri of the County in which such crop is, that
the person to whom such advances have been
made is about to sell or dispose of his crop, or
in any other way is about to defeat the lieu hereinbefore
provided for, accompanied with a statement
of the nine int then due. it shall ho lawfiU
r*?-.
the said crop, and after due notice, sell the same
for cash and pay over the net proceeds thereof
or so much thereof as may he necessary, in extinguishment
of the amount then due : Provided,
however. That if the person to whom such advances
have been made shall within thirty days
after such sale lias been made give notice in
writing to the sheriff, accompanied with an
llfHililvit Irk lli'iu nrtitikl f It'll lltrt niii.iniil r*l?i i itttti I
is not justly ?hu\ Hint it then shall bo tho <l?ily
of the sniiI Sheriff to hold the proceeds of such
sale subject to the decision of tho court, upon
an i.ssuo which shall be made up and set dawn
*ror trial at the next succeeding term of the
t'ourt of Common l'loas |'<?r the county in which
Hie person to whom such advances have been
made resides, in which the person who makes
such advances shall be the actor.
Sr.c. !. That the above sections shall be subjected
to tho provisions of the 1'.Mowing sections
of this act.
Ski*. 5. That each landlord leasing lands for
agricultural purposes shall have a prior and
preferred lien for rent to the extent of one-third
of all crop* ^aiuotl ??r? I*'to Utulit, *?* ! wilful tiblu
in the same manner as liens for advances, which
said lien for rent shall be valid without recording
or tiling.
Sue. 0. That every lien for advances and for
rent, when the agreement is for more than onethird
of the crop, shall be filed in the office of
the Register of Mesne tfonveyance for the county
in which the lienor resides, within thirty days
from tho dale of the lien, and said lien for rent
over one-third of the crop shall thereby be made
valid ; and he shall keep an index of all such
liens so filed, for each of which lie shall receive
fifteen cents from the party tiling the same, and
this shall be a sufficient record of the same.
Sr.r. 7. That the first and third sections of
this act shall he and icmain of force for one
year from the ratification tlicrercof.
Gov. Hampton's Tiiaiutkiis.?Columbia, Friday
night, .March 1.?The debate on the Public
Debt <|iicslioti to-day was somewhat more lively
than hitherto, hui there is no intimation as yet
when the vote will he reached. The feeling in
favor of standing by the Coiisvdidation Act and
the pledges of the Democratic party steadily
gains ground. I know of three members
of the House, whose views were heretofore
claimed as doubtful- who lo-ihiv it,., ! iln.ii
iiit'Mition of supporting (lie tic:. It i* certain
thai, whatever .strength the opponents of the
I'oiisolidation .settlement had, or may still have,
is weakened l>y the extreme position taken ly
tlie leaders on that side, and hy their outspoken
detuincintion of Governor 11 a tit |>l <<n for being
brave enough to stand by his pledges. I have
heard expressions from members of the House
whielt, if reported, would shock beyond measure
the public sense of what is due to tin* great
leader in t he campaign by which South Carolina
was redeemed. 1 have heard men denounce
Governor Hampton as a woubl-hc dictator, who.
hut for bis untiring ctlhrts and sacrifices, would
not now be enjoying the right of freemen, much
less of legislators. Hut this class of men, fortunately
for the State, form but a small minority.
and their utterances meet with as little sympathy
from the majority as from the mass of
constituent* whom they misrepresent. The denunciations
of the Governor in the House have,
so far, been confined to private conversations ;
hut the sentiments of the leaders of the movement
are well enough known to drive away from
them many who might support the report of
the Commission on the narrow ground of a supposed
economy. Their eyes, however, have now
been opened, and tliey see that the reopening of
the Consolidation settlement means the overthrow
of Hampton and the probable defeat of the
Democratic party in tlie next campaign. Gen.
Gary holds the unenviable position of mouthpiece
for this faction in the Senate, and to-day
delivered a speech in which a foul attack was
made upon the Governor, lie declared, in substance.
that Hampton bad violated the obliga
nous ui i lie oince 01 novernor i>y trying lo iot>J>v
his measures through the Legislature. liy the
use of his personal influence, an<l ha<l thus established
a precedent never before descended 10
by any (Sovernor of South Carolina. The verilict
of the grateful people of the Stato, as between
Governor Hampton an?l the senator who
has chosen to arraign him in so shamful ami ungenerous
a style, is a foregone contusion.
m
Peace not Certain Yet.
The /)oih/e for u JIimso- 'Turkish Alliance. Onh/
n Hirer Intervene,i?l.'ln/ln n-l.i WnrhKe /'repartition*?
'The Conference I'rn/eel u Tniliire.
I.ommiv, Fcbtuary ?*.?A dispatch from I'era
savs: "The pretended struggle over pcjce conditions
i> merely a cloak for llusso-Turkisli :i 1 -
IJHIIll'. ?? I i I fmil.iuv illlilll^U JUOIl'Utorates
over Turkey."
The lines of the two armies at Sanstcfara are
only separated l>y a small river. Othecru ami
men fraternize. The situation is not regarded
in London as improving. Kngland has ordered
the manufacture of eight hundred torpedoes.- ?
Wurlikc preparations arc causing great excitement
; in seine i|imrlers war is considered inevitable,
unless Kuasia modifies her demands. The
situation in llcrlin and Vienna also, is viewed
us critical. It is believed the Conference project
has failed.
Loniiox, February i!S.?The Governmcut has
announced in Parliament this afternoon that
the condition in the Last at present was one of
suspended hostilities. Government hoped that
war was ended, but it was passible that hostili- '
ties might he tenewed. Sir Stafford N'orthcote
said the terms of peace were unknown to the
F.nglish Government, but if they proved to be j
injurious to Fnglatid, the Government would i
take proper steps to protect its rights.
The members arc anxious to have the "codify |
era step to the front and make themselves 1
known. Only d7 have reported thus tar. and it [
is impossible to proceed to business with less <
fh.in ft hundred.?Rfphtn.
- 1 1 ' I - . ' . 1 --i-J L
<?hc (H'lrrhlL! ilnion tiniest'
It. M. STOKES, Editor. "*'J
Onion, fkiday. maiu;ii ?. is7?r
TERMS Uf' 8UBSCUIJM10N. '
1 Copy, oiiu yi-ur, m advanck,
2 C?|>it'4 oiiu your," " 3.7ft
ft " ' " " " (t.V)
JO " ' " " 15JJO
81.00
Obituary Notices of ten lines or less, inserted free.
" " over ten lines, charged as Advertiseuientr.
Fiesh Fish.
Don't forget thai W. II. Davis 1ms tlie finest
fresh Shad and other fish every Tuesday ntni
Saturday morning. p *
The Cotton Market. ^
The receipts have fallen oil" comTiderably llie
past week. Only 50 bales have Ijoeti sold in
this market, at somewhat lower prices. We
quote .
??
Torrible Storm in Piokona.
The Keowee Courier tells ot a ties! ructire storm
of wind, bail, rain, tburidcr and lightning,
which visited portions of that County on the
27th ult. It blow down residences, kitchens,
stables, barns, corn cribs, fences, and made sad
havoc with almost everything else in its track.
We call llio attention of our readers to the
I.icu Law which tve publish this week. It is
the law as it passed the legislature. The law we
published last week weeutfrom the Spartanburg
HrruU, which is edited by the Clerk of the Senate,
and we supposed if any one knew what law
had been passed he was the man. No doubt
those having charge of the paper while he is attending
to the duties of his office, in Columbia,
inserted the hill that was first introduced in the
Legislature, and not the law as it was finally
lDKsrtl
# ? A
Colorod Girl Badly Burnod.
On Sunday morning last, as a colored girl in
this town, named Carrie Anderson, nged about
lt?, was sitting in front of the tire, reading, her
clothes caught fire from a spark. She became
frightened, rushed from the room and ran ncross
an open passage to the room of a crippled old
colored woman. The wind was baid,
and ns.shc crossed the passage it fanned the fire
to a roaring blaze, which had reached above the
girl's bead when she got to the old woman's
room, and before it could he extinguished,
nearly all her clothes were burned oft". She is
dreadfully burned and is suft'ering great agony;
but it is hoped her injuries will not prove fatal.
Speights' Daily Newspaper.
\N e have received the first number of n paper
published at Greenville, under the above heading.
It is a racy, newsy ami well gotten up paper,
as any paper must be that Si'kiuiits has
anything to do with. Greenville owes much to
Speights, lie, more than any other man or set
of men, has given prominence to the 'Mountain
t'iiy" and helped to build it up. There's 110
mistaking bis political opinions. In the campaign
of 1H7C?. the Greenville AVira. of which
lie was then ivlitor, was the most fearless and
influential straight-out paper in the Staje.?
uracilMliU IllUSI jriYW r?rr.Hiii I.I w mu ia juau;
iluc hint?ii handsome patronage to his AV?\?I'-'V-r.
?
A Fatal Difficulty.
A difficulty occurred last Friday. on Col. Unfit.
IValy, Sr's. nlnntuti >ii, between Mr. ilofit Clark,
t'nl. llcaty's .Manager, an>l (lilvs Thompson, a
colored man, i;i which the latter was shot ami
instantly killed.
The ilifliculty occurred, according to l!ie testiuiuiiy
of a colored man, named Sambo llealy,
at the Coroner's inquest, and who was the only
witness present, as follows :
Sautfio and l'lark were plowing together in
the morning, w hen Clark sent him t > Thompson
to exchange his mule for a faster one which
Thompson was driving. Thompson refused to
exchange, and went to Colonel lleaty making
statements injurious to Clark. At dinner they
met at the horse lot, where the I'rucus occurred.
Clark called Thompson to account for the alleged
lies he had told Colonel lleaty, which lie denied
with oaths. Clark told hint lie would not submit
to any cursing at all. Thompson said he
was cursing Sambo. At this juncture, so Sambo
says, Clark drew his pistol and shot Thompson
twice.
That Sauibo's story is not the whole truth, wo
have every reason to believe, for wc understand
that Clark was so badly cut in tlie abdomen and
other pints of his body, that he cannot fie
moved from his bed, and Doctors are attending
him. We, however, have not heard any statement
of the it flair from Clark.
?
TiikTax Uvr.?The Colombia correspondent
of the Charleston Xcirs ami 1'oiirirr, gives us
the following insight into the next tax levy :
The committee on ways and means have been
working very hard for the past week in order
to got tlio supply bill ready lor presentation,
btit tlio eoiiliiiuoiis presentation of now claims
lias prevented tliciu from settling definitely upon
the exact figures. Tlie bill will, however,
in. all | robability bo presented to morrow or
oil Monday, i.i order to gel it under way
by the time the Public Debt matter is settled.?
The lax levy will not he less than seven mills,
including the two mills ed neat ion al tax, and unless
new claims come in before its presentation
the levy will not exceed seven and a quarter
mills. This will include the interest on the publie
debt; and the estiinate is made on the basis of
the entire lebt, as adjusted under the Consolidation
Act, leaving a margin for what maybe fundI
.....I.... >I...i .... I.-......... ....... .....i . I...; .1
for the co] loci ion of (lie tax. The tax will lie
col loci cd in two instalments, the first in May,
noil the second in October, and tlie usual penally
for delinquents will be attached.
WiTtinitA w vi. or Ki.in'.its.?-Cumberland, Mn.t
March 1.- The Methodist Conference assembled
here In-day. The following law questions, in
case of the withdrawal of an elder from the
Methodist Kpiseopul Church, wore derided :
Mocs his authority to exercise all functions of
his ollice cease ? It does.
Mow shall a withdrawn Khler resume his
membership in the Methodist episcopal Church?
My admission on trial.
My what method shall an lilder who has withdrawn
from our Church he restored to his former
ministerial functions? My a vote of an
sfinnnf frtfiftiYnce, rr*f*rinp? his parchment*.
* The Courtl'ro^^Uy
at the appointed time, 1?is lion.
Juds<n^B). Kershaw opened the Murcli term ot
Court rjjHbis County, lust Mouday morning.
Solicuj(r Hall wus also at his post, having arrived
hetfrtho Saturday befbre, and prepared
such coses us lie, could possibly get ready, in
order that no time should be lost.
The Jo^s wore,impanelled, with J. K. Mcug
us Foreman of the Grand Jury.
!fhe Judge delivered one of the finest charges
to the Grand Jhry we have listened to in many
years. In iheloiitsct he stated tluu ho thought
it was only tieCessnry to charge the jury upon
(their general duties ut tlmt time, as lie would
.irtAke special charges to them us cases were sent
to t'leut. IIis remarks upon the causes of crime
and disorder in any community were forcible
Shd appropriate. Idleness, lie said, was generally
the bottom of all crimes. Drunkenness
foil wed, and' t licit the carrying of concealed
weupVu* generally ended the career of the idler
and dku nkardj" cither in the Penitentiary or on
tiie gallons. It was idleness and drunkenuoess
tilled our Poor*Houses, for the suport of which
the people wefe so heavily taxed, while the carrying
of conceded weapons?so disreputable in
his younger dhys?emboldened turbulent men,
erased with whiskey, to commit acts of violence
up?u tUoir fallow men sod disturb the peuce and
harmony of Communities. So long as these pernicious
practices were indulged in, so long will
the capitalists and worthy citizens of other sections
shun this delightful und prolific portion
of our country. .He made a strong appeal to
the people of ullmplascs to put these practices
down by a uniteJEcondcuiuatiou of them. He
also instructed thSGrand Jury to look into the
mutter of Free Schools and make such suggestions
as they beloved would make thu Free
School system mofc cfiicicut and popular among
all classes. It was no disgrace for nny one to
seud a child to a School supported from thu taxes
of the people, lu Charleston and other Cft
ies, children of tho most respcetublc families
were educated in I lie free Schools. It was the
duty of all to take nu interest in the Free
Schools of our State; and he hoped to sec the
time when a Free Sehool of high grade was est*bhuL?^in<Tcry
County. * 1 -- "
"The Judge captivated all who heard his charge,
while his ability, dignity and purity of character,
impresses all with profound respect for him
us a man and reverence for the otliec he so effectually
fills.
No time has been wasted in the court.?
Through the tact and industry of the Solicitor
the work of the Grand Jury was completed ou
Tuesday at noon, and they were discharged.
The fallowing cases were disposed of:
The Stale vs. Douglas Wallace and I'rincu Wallace,?Grand
Larceny?Stealing Cotton?
Verdict, Guilty. Sentence?Dougiurs, three
years, i'riuce two years, at hard labor, in the
Penitentiary.
' " vs. Kissa Glenn, Victoria Glenn, Jacob
Glenn and Peter Glenn.? Unlawful entry
upon land alter notice. Verdict, Guilty as
to Kissa, Victoria and Jacob ; nut guilty us
to Peter. Senteuce, one week in County
Jail.
vs. Wade Hampton. Poisoning Horses.
Mistrial.
For the Times.
To "Vox Populi."
In your communication to the Timks last week,
speaking to the present Grand Jury, you say :
' Our t>e 'pie are n<>t prepared to see anything
like the following, which appeared in the pro
SIMM mem <>i me nisi iiraim jury :
The roads ami Bridges are not in as good
condition as we wouKl like to tiiid them ; yet,
it poll inquiry we tiii'l lliat the overseers and
hands have rendered the services tor the nuinhcr
of days in each year required by the law.'
No, (lentlemon, you cannot afford to stultify
yourselves so far as to embody anything so false
in your Presentment. It is your duty to rentier
a fair and clear record, one which will bear the
scrutiny of the honest citizen?not one smirched
by the dirty hand of favoritism."
Now, sir, as a member of "the last Grand
Jury," 1 consider your remarks not only uncalled
for. hut very offensive, and 1 must ask of you
to explain what you mean by the hist paragraph.
I cannot believe you really considered the force
of the words you used, when you implied that
the members of the last Grand Jury srtiu'.f'd
themselves and told a falsehood in their Presentment.
Do you mean to .?</// that our Presentment
was smirched, as you call it, by favoritism
towards any individual? If you really
mean what you say, 1, fur one,?and I believe I
can safely say the same of all tlio rest of the
Grand Jurors ?must tell you that all the false
hood uiul uticlcannesa lie at your own door.?
From your own statement I am satisfied thntyuii
have not formed your opinion of our action, in
the "impenetrable secrecy of the Jury room,"
from any member of that body. No juryman
of that panel would so far violate the sacred
oath he took, as to divulge the secrets of the
jury room ; and 1 am certain not one of ihcni
would so grossly misrepresent and insult his
fellow jurors, as to say they stultified themselves
by making a false Presentment, "smirched by
the dirty hands of favoritism."
IIayks Witiioi't a I * \ it tv. ? The Washington
correspondent of the New York Tunc* says it
must be stated as a fact beyond dispute or question
that Mr. Hayes lias less influence with Congress
than any one of a score or more of senators
ar.il represcnattves. lie has, in Washington, at
least, no party, lie is utterly without a personal
following. It is no exaggeration to saythat
the present occupant of the White House
has less power in the nation than had any of the
men who have gone before him. If it was in....
i.i i .. .1... r i....^ ?i- , i.? ,i.?i
U'lHH IJ UJ I in: UMiirui j VM IIM VI laiuviav unit
tlie oflicc of President should, toall intents nn<l
purposes, morcly a clerical one, tlien Mr. Mayes
is indeed the first Chief Magistrate who lias i
ever fully appreciated the insignificance of the
duties which belong to the position.
lloMicinK at Black vii.t.K.?Blackville, S.
February 1!>.? Mr. Julius Weishauin, aged about
'J- years, was killed by (I. \V. Cain, two miles
from here last night, near midnight. Cause J
said to he intimacy with Cain's sister. Cain
surrendered immediately to the authorities. The
Coroner is now investigating the affair.
WtsiiisTiTos, 1>. C. Feb. 'j:?.?Thomas I'.
Cheney, superintendent of New Kngland Postal
Service, is under complicated charges including
certification jf vouchers for services never rendered.
And thai is in the "loiF' State of Maine.
Mot like nr>diM!i?m in South Carolina.
The Bond QuestionMR.
SIIAND'SSI'VECU.
*
The discussion Upon lite question of paying
tlichon Is of the State, in accordance With thcprovisions
of tlie Act passed by the Radical Legislature
in 187.}, cotiiiiiotily known as the cotisoli*
daiion Act, which required all S'ate Upuds?
old and new?to be funded at fifty cents on the
dollar, is getting quite excited in the legislature.
The Act then passed was called "An Act to reduce
the Volume of the public debt," ami embraced
all outstanding bonds. Under that Act
nearly the whole of the Bondholders funded
the bunds iti their possession, and nccepted
"consolidation" bonds for half their amount.?
At the last session of the Legislature a Commission
was created to investigate the bonded debt
of the State, mid that commission reported to
the present session that a number of fraudulent
or unlawful bonds had been funded, and left it
for tlio legislature to decide whether, after the
State debt had been reduced ~>0 edits on the
dollar, it should bo further reduced by refusing
to pay the funded bonds tainted with fraud.
Wc confess our ignorance upon the matter
until a full discussion the wliolo subject, by
the members of legislature, brought all the
point* betoro us ; but wo were strongly inclined)
to believe that it would not be repudiation to
refuse to pay bonds issued in fraud, sold to innocent
purchasers, even with the great Seal of
the State upon them, and afterwards funded by
those purchasers at ouc-Lu'.f their original face
value.
The political plea is raised, that the Itadical
Legislatures and officials who perpetrated
those frauds were not the true representatives
of the Tax payers of the State; but. that
pica cannot be allowed. They nevertheless occupied
the relation of lawful agents of the State
ami the State was bound for all their contracts
as strongly as a business firm is bound for the
contracts of it-recognized Agent or Agents. In
either case, if the Agents make bad contracts in
I lie name and under the seal of the parties for
whom they act, (hose contracts are good in law
and morals against the latter, and refusal to pay
i...... n ,i;
I1IVIII IO I IVil.
?N(r true StmttT%'arolinian will~uWftc to'*Scfi
the fair name of his dear ohl abused State dishonored
l>y the stain of repudiation, in any
form. Our agents ? for such, most assuredly
the Radical Legislature and officials were?vile
and treacherous as they acted?used the great
seal of the State of South Carolina under which
to practice most infamous ami oppressive
frauds upon the people who nloue could pay
the taxes, hut wo cannot believe, now that the
honest taxpayers have control of the State government,
they will disgrace the Stato by dishonoring
her signet?the grout seal. We look upon
it in two lights, viz; a debt of honornml a debt
which the State is bound to pay. In order
that our readers may mate readily understand
the matter, we append the following synopsis
of a very able speech delivered before
ihe Legislature, by their Representative, R. \V.
Sluiml, Ksij. :
Mr. Shatid, of Union, followed Mr. Hemphill
is; a masterly speech iu favor of the consolidation
act. After a short introduction to the subject,
Mr. Sliao I proceeded by reciting numerous
facts and statistics to show that it would
save the State several millions of dollars by adhering
n the settlement eifeatcd by the consolidation
act. lie said this compromise was made
to prevent the State from going into voluntary
bankruptcy. lie said he hcid that a State could
go into banruptcy ; then went on locxplaiu why
the creditors of the State had consented to make
such a compromise as would ensure thom fifty
cents on each dollar of the bonds which tliey
held tis obligations against the State. So long
as a man is solvent he pays all undisputed debts,
hut when a man is insolvent it is then that lie
has to make compromises with his creditors. It
is only in this way that he can regain his solvency.
Mr. Shu ml read resolutions which were
adopted at a public meeting at Union in ISO'.),
in which the people of that county declared to
the world that it was their determination not to
pay any debts made by the Radical State government.
He commented on these resolutions
at great length. I am informed, lie said, that a
very i:irgu [in?|iuni?ju ?m iiiu ihiii<i* which I'uinc
under llie provisions of tlie consolidation act are
lielil by people in South Carolina.
Mr. Coit here interrupted him by saying that
lie ili'l think such was really the fact.
Mr Shan I said he bad been so informed. lie
continmd by saying that i!;c members who ha<l
spoken on the opposite side had failed tooccupy
debatable grounds. It is no use for gentlemen
to get up hero ami tell us about the frauds which
were committed during thedays of Radical misrule.
No one will Icny these, but we are bound
by the consolidation Adjust tho same as if there
was an honest govern::.out in tho State at that
time.
At this junction, Mr. Pope nske 1 leave of Mr.
Shand to be allowed to make a motion to take a
recess.
Mr. Shand consented and the motion was put
and agreed to.
Satchdav, March P..
Mr. Shand said that when he closed yesterday,
he was showing how perfectly well our people
knew of all the frauds recalled to mind in the
report of the bond commission. Knowing these
frauds the Legislature had directed her olticials
to receive those irregulai bonds and issue in exchange
therefor consolidation bonds at the rale
of tiliy cents on the dollar. And the question
at issue is, whether the consolidation bonds under
these circumstances bind us in honor and
hi law. Upon this ground alone can there be
any useful debate. Look at section 1 of the act
to reduce the volume of the public debt. It enumerates
by description and by figures, the
bonds which the Slate officers are to receive in
exchange for consolidation bonds, and the (General
Assembly then knew of all the frauds. For
instance, the bond commission show how !>2,OIHt.OOIl
of bonds were issued under act of All
gust lSt.H, while only one was authorized.
5> "? "?<M" K? were withdrawn, leaving S1,lo(),0(K)
outstanding. Coventor Moses, in his message
which recommended the passage of the cousolidalion
act, mentions the same thing, ami shows
that of Ihe ^ 1,1 ">(',I <>! , liml heen
changed into conversion bonds, leaving !?I,1U7,tttut
outstanding in I heir original form. Section I
of the act directs tins 5>'JV?,"00 (included with
others) to he innded. 'I he commission may say
that the Legislature ought not to have directed
this over issue of bonds to he funded, hut they
do not and cannot say (hat the Legislature did
not. And yet the frauds complained of were
known as well then as now.
It is a prineiplc of law and common sense
that it is often a fraud to allege fraud. This
Legislature, in its endeavor to purge fraud, may
coiiin.it as deep and as dark a fraud as South
Carolina ha? e*er porpetrated. I? if not a fraud
to evade * debt because its consideration was
fraudulent, when the diameter ot' that consid*
erntion wns l'ul'.y known to us at the time the
debt wns coutraeled ? To apply it to individuals?.for
it is to be hoped that we will not force
our mother State to take position in the courts
and before t'.ie country which we would shrink
from as dishonorable in an individual?suppose
my brother should forgo a note of $100 upon
ine, and upon presentation 1 should pronounce
it a forgery, but took it up and gave in exchange
therefor my own note for $50, would it be honorable
in ine to plead the original forgery as an
excuse for not paying the note? And yet our
Legislature proposes to plead fraud in the original
bonds for which the consolidated bonds were
issued, when that fraud was known to them at
the time that the issue was made and her ollicials
were ordered to receive them. This surely
would be a fraud committed by us. Following
out tlie line of argument, going to show a
necessity in December, 187H, for a compromise,
it was a further necessity to make these bonds A
legally himlingcontraet enforceable in the courts,
for the State's faith and credit wero very low.
If it be possible for a Stale to make such n con
tract, it is possible that this is so made, for this
effect was to give them currency through thfi
power to enforce payment in the cottrtSj and iu-'
dependent of the Legislature. The first section
validates all the irregular and fraudulent bondsr
if any validation can be effectual ; for it orders
tlicin to be received and new bonds issued there*
for. If fraud is so permeating that the Legislating
nMK7:i CQilULiiQt validate t hose fraudulent
> NMM00^MM1rf^|fnnature cannot, an.I if thftl
I.cgislfttbre cannot, then th? value which the
public will put upon the bondd named in schedule
5 will depend upon the public confidence in the
accuracy of the commission. If not validated
in 1878,and the possibility of errors in schedule
5, with the right of the Legislature to disregard
validations, will affect the market value of the
whole lot. After paying a high compliment to
the commission and their work, lie said they
were still mortals, and might err.
As the Supreme Court of the United States
say the bonds on their face i rpart a compliance
.with thctcrmsof the act, t tic purchaser is bound
to 1 ink no further. Otherwise they could not sell
in Chicago or New Yo:k or London, only in Columbia
mid Lexington and Sumter. He said ho
did not intend to cover the whole ground ; he
only meant to enforce certain views of his own,
not yet fully presented, and he would conclude
with a few remarks about the demand of the
people. The people were like their representatives
; first ideas upon every subject arc crude.
The true test is, not what do the people now
think, but what will they justify upon mature
deliberation if the people demand what is
wrtiftg'in itself the Legislature should not listen.
Had the Legislature in 18(17 listened to the voice
of the majority of the people, they would have
passed an act repudiating every debt in South
Carolina, so that everybody would start fresh
and even. Hut it was wrong, just as now a refusal
to stand by the consolidation net would he
uimn/. n.wl ll.? I I..I... .1:1 . I 1 K.
f> VII^, iitci IIV liVKioiuiiire ui<i 1101 ncu'i. J uday
the people will say she did right.
The slrongest argument that we have read in
favor of throwing out those bonds funded under
the Act of 1S73, supposed to be tainted with
fraud, is that tho consolidation Act was based
upon repudiation, for by it "the fraudulent dollars,
which were worth nothing and without consideration,
were made worth fifty cents; the
good dollars, which every consideration of honor
and political wisdom required us to pay in
full, were scaled to the time of fifty cents."
Presentment of the Grand Jury.
Mahcii Tkkm, 1H7H.
Tub Statu of Sm tii Carolina ^
Coi'STY or Union. i
Ti the Hon. J II. KR IIS IIA IK, Presiding Judge :
The (Irani Jury would respectfully report as
follows :
We example I the Public Buildings And
find*
tin: *f a 11.
iu had condition?needing repairs generally ?
and we would recommend that the necessary repairs
he made, and of a substantial nature.
Tho Court House is in very good condition.
tub im iu.tr omens
The Sheriff's, Clerk's, Probate Judge's, Auditor's,
County Commissioners' School Commissioner's
and Treasurer's Offices, seem to he
neatly and well kept. The books and Papers
are in good condition.
The Probate Judge's needs anew desk and wo
recommend that the same be furnished by the
County Commissi oners.
tilt: POOR IIOISF.
We find the Poor Mouse in good condition. Tho
inmates arc carefully and properly provided for,
and the Superinlcdent seems to manage the
Farm well, and to discharge the duties belong*
ing to his position
trial jt'sticks
TIlC following Trial -I n?il -l im/iu T I.iln*
Jasper (i'lbbcs, T. J. Orr, S. S. Stokes, ('. 15..
Hobo, T. M. Liltlejolin, Thomas Comer, It. It.
Foster ami I>. Johnson, Jr., have produced tlieii>boohs
for examination, anil we arc glad to no-*
lice a docided improvement in their olliccs.
I.ICKSSKS
The (iraml Jury have considered the application
for License of J. II. Sims, for retailing
Spiritous Liquors, ami recommend thai the
same be granted him, upon his entering into.
DoikI, &c., as is required by law. We havo
agreed to fix the License Fee at two hundred
dollars per year.
("Of STY VINASCKS
In regard to the Finances of the County, we
find that the Treasurer has been prompt in his *
Collections, urn! that the same has been applied
by the County Commissioners to the various
purposes for which it was levied.
We are informed by the County Commissioners
that tbo debt of the County is about
That they have applied to the Legislature
for relief in regard totho payment of (ho .same.
They are of opinion that they can greatly reduce
the debt during the present year
l?i m in vfiu.i w
Tlic Grand Jury have been Informed tlint a
large scope of country lying In Pinckney and
Sinliic Townships is about seven and a half
miles from nay of the l'lildic Schools. There
arc Inil very few \ilijte children in this section - not
siilliciotit to make a School and we would
respectfully call the attention of the School
Commissioner to the above fact, and ask that
the matter have his attention.
We herewith file the Kcjiort of the School
Conimissiner an I call the attention of the Court
. thereto.
lilt: tin\ns
j The lloads are in had condition, and we would
t siigeeM to the (>mifiii?ioners of the County