The Orangeburg news. (Orangeburg, S.C.) 1867-1875, May 30, 1874, Image 3
THE CRANGEB?RG- NEWS
AUGUSTUS B. KNOWIiTOX,
EDITOR.
CJKOH<iiK KOIilVKH,
Financial and Business MakagKH.
Official Paper of the State and
of Orungcburg County.
SSr-THK ORAXGERURG NEWS HAS
A ^LARGER QIRCVI.ATIOX THAN
ANXO fltER PAPER IX THE CO l.'X
TY. -^ga '
CAKWOZA ON TITjE WAIt
re . tnr i :
Cardozo.. is mad. Yo Gods! what
shall wo do? Hide ourselves*!' No.
Tbat.wbuld look like ho had the best
of us. Our friends say ho has not. ?So
hero goe? Stir second chapter on the
spoilt State Treasurer of South Carolina.
Had, wo known that he was so thin
skinned, however, we should havo touch -
cd "th'o'whining baby more dolio.it .ly,
and applied soft soap and Mrs: Wins
low's Soothing Syrup, where wo piled
on the lush.
Ho refuses to auswer our questions
except by abuse of ourselves. That is
his rig*!irVm ?'
1 et* V' "urj es ?. .. 7 , .
Accusarc mvio sc ticbcl. mse coram
lam ,ti?i ?x I aiq .
Deo<ulsrf trfiVowrye rs.ii
? Before proceeding with our reply to
Mr.^Cardozo, let us notice hurriedly his
manner of reply. -We simply made the
statement that thorc Wcro thirty two
defaulting County Trcasutcrs in this
State, and that they owed the State
nearly four huudrcd thousand dollars.
This we got from Cardozo's own report,
and if there is a libel contained there
in, ho is the guilty culprit, an 1 u it the
man who gave it as ho found it. Iiis
balderdash dons not affect us. As
jou'fnllists it is "our province to give the
news to the people, nud if Mr. Cardozo
intended.his report only for the Legis
lature, to bo read by the members in
thcir: rooms and no other place, and for
tho purpose of holping through th
proprintion bill, then hesJj(^fi^VJ 6rt
instructed tho cloi^*^ thc UonK
havo.7;
rrr
Mr..Cardoso's figures ns official. It has
never been our practice to ombatk in a
war^f. billingsgate, although wc do not
deny our capacity to make a proper
uso of the frame whenever a pressing
opportunity shall be o"'orel} or a fat
subject presented as a sacrifice. Our
philosophy teaches ois to argue questions
calmly and dispassionately, especially
Wfyen they affect tho weal or woe of tho
State, and he who refuses to do so, is a
lVf;S ?U !.?!' a i
bigot,;a fool or a slave. That he has
treated tho attacks made upon him with
contempt,- is no credit to himself or tho
poWfibt!'he occupies. It would have been
hejllr for him had he explained away all
thebad rdmors that havo obtained cir
culajjon since his induction into pffi :e.
>jyij}. fiardozo is pleased to characterize
oUT' editorial ns a "singular oompound
oF^gnorahce and malice." Shall we any
that he is a single Compound of stupid
rooJij [ i -':?
ity^.^He may champ the bit, foani aod
afftg^^he rolo of injured innocence, but
taW r,p*ceple u of South Carolina will
regard him as the same Pi J. Cardozo
wlfo e'lahdestinely took the Seal of th c
$S|e^o^^ew^York for the purpose of
sealing ? bonds which he himself no
Ifzlofaledges to be fraudulent. Shall no
WOCR wnit on him for this ? Certainly the
rimeimust come when he will havo to
nnsweif for his sins, nud bow, along
with others,, bvforc tho chastening
hand of justice. It is a fuel, that his
c& /fchy iufbas a . > i
popularity waneB in proportion as the
history of his lifo becomes known to tho
usually' comploeent brow waxos into
deeper h'nes as this truth grows upon
him. His career has been n storm
he has ridden succosafully
hj and out of,several gradations
of lifo, but tho hand of on avonging Ne
mesis mu?t sooner or later "impale" our
bnld-ccotTreasurer in an inevitable cloud
of dark oosourity, and swoep him for
?4 et ettuc? i&'?J -f v ...
evor from tho lofty pmmiolo where ho
has been perched no long. This will bo
Ho the infinite benefit of the State, and
tho great seal, whioh delights to per
*j[^^ft^^e^tn1n,hcr own borders
i*??lJBgW'fitebave to apeak thuspb.ut
1 tuff^e^ old I saying runs, you must "light
tho devil with fire, and if Mr. Cnrdozo
had not shown in his rash rejoinder to
?nr editorial of last week, that he
possessed a tcmpor akin to that of his
fatanic majesty, wo should have boon
exceedingly amiable in our attitud?
towards him. Perhaps though, lie
imagines that his position is awe inspir
ing, and that (hose who have never had
any private conversations with him will
not dare to measure arms with tho
monied Mogul of the ring. Here he is
mistaken. To bo State Treasurer is not
to have Aladdin's lamp.
Hereafter whou Mr..Card ?so rushes
into print let him confine hiuisslf to tho
question at issue, and not, in rambling
outside, indulge hU taste for billingsgate.
The people want no harm to hefall F.
J. Cardozo tnoc then he deserves.
Caligula wished that the Romans had
but one head that he might sever it.
No one wishes that of Cardozo an I his
confreres, although the- union of c.ime
and debauchery at Columbia isonough
to sicken ilie dcT?. Mr. Cardoso's fro
qucnt use of the words, "absurd con
temptible and falshood" only furnishes
an iudex to the tenor of his mind. Rut
let us ?ay that it will take more than his
jackal winnings to dsturb tho c juani
miiy of our editorial balance, and his
pen dipped in the poison of a tarantula
will nor. deter us fro a pursuing tho
right course. lie had better quietly
utteud to the duties of his office, aud
strivo to redeem his lost reputation,
which, in our opiuiju, he will find a
Carthage not no soon rebuilt.
So much I'or Mr. (Vs billingsgate Lot
us now examine hit facts.
Mr. Cardoso charges Julga Andrews
with having got Humbert to cash tho
six thousand lollai order which brought,
him out a defaulter. In our opinion
the State Treasurer wou'd be relejtin;
his own interest by having as little to
say about the order in questi >u as
possible. We charge that ha is as guilty
as any one connect.d with tho trans i c
tion Judge Androwu an 1 Humhort
ac'ed in good faith; the former in re
ceiving the money an 1 the l.i'torjn. !
jns?fa '?' Why 'I^^miiasrc~7fie order
was f drawn upon^suite fund* and
Cordt'*0 accj?pto(l it, endorsed it as
<5t??? treasurer, with the pronits.l to pay
it as soon' as the appropri.it.i >n bill
passed. Upon his endorsement Hum
bcrt cashed it. Who is to blame in
this? CurdoZ) fiir. cashing the see >ud ,
or duplicate order or Humbert who paid
tho original with the acceptance of the
Treasure ?
Mr. Cardoso says 'die never reported
thirty two County Treasurers'. The
devil he didn't ! His reoort is nliii ,
and upon receiving it a re.s dutioii was
passed by the llouso instructing the
Attorney General to proceed against
defaulters at once. This shows in whit
light that, body regarded the parties
whom Mr. Cord> zo is now pleased to
call debtors. A defaulter means on i
who fails to perb.rm a puSlic d ity j
particularly oue who fails to account for
public money intrusted to his oare.
Debtor means a person who owes
another either money, go ) Is or servieos .
Now. how in the name of conini >u sense
can a Treasurer become a debtor with
out becoming at the same time a de
faulter to the State? Will tho natuto
Cardozo inform us. We bolievo that
the term debtor is 'more significant in
its meaning, and when applied to a
County Treasurer and his public relation
to the State, leaves no room for any on e
to dou'ot the fact of his defalcation.
Therotore wo repeat that those whim
Cardozo reportod to th-j General Asse n
bly as debtors are defaulters, mil that
the matter wns so understood by a ma
jority of the members of tho Legisla
ture. Rut to inako our side stronger
let us quote from his reply. Speaking
of these defaulters (debtors as he term*
them) ho says : -'They are County
Treasurers who have not settled for the
years previous to the. induction into
office of the present Treasurer and Comp
troller General.'' Ou this point it is
useless to say more. Mr. Cardozo
admits what wo oharged last week.
Mr. Cardozo, in concluding his ran
dom epistlo quotes a pioco oT Latin
which we presume mcaus that a shoe
maker should not go beyqnd his last,
tbofoby insinuating that as journalists
wo ?hould not intrndo tho sacrod pre
cir/cta of the Treasury Offlco. It is our
pvovinco to put our noso into every
public man's business, and wo intend to
do so whenever occasion suits. Mr
C.V n axim then, dee? not apply to us,
besides we thi.uk it more applicable to
bim, inasmuch as it is universally bo-'
lieved that he was move harmless as a
minister than a Treasurer. It is thought
tint lio has gouo beyond his last. t
Further Proceedings in jthc
Trial of Governor Moses?
Neiv Counsel in the Case?
Motion to Strike the Case
from the Docket? Solicitor
Du Uz in Earnest; i
1 . J- ! i ? v
j di -1 01 f} O j
The Columbia dowiHrain of yesterday
brought the lions. 11. JJ. Jii'iutt, E. W
' Moiso Counsel for Governor M*scs. Mr.
Fhambetmtiu arrived here Friday night,
and was busily engaged all tho morning ?
ill getting u;> affidavits to show th it the
Governor ouulj not get a fair trial here.
The Town was crowded to:3ce Govern ir .
Moses, hut he did not appetr. At a
qu r cr to 112 M. they entered the Court
room. Judge Graham then ordered the
Sheriff to adjourn the Court of Commou
Pleas and call tho Court of Sessions.
Sol. ?ut z said thereupon thatth it was
the day fixed for tho trial of Moses, and
asked the .Judge to turn to c isj numbo r
2 on the criminal docket; Mr Blliott
asked that Mr. Moise be entered as one
of the Counsel for the defendant. Here
Solicitor Hutu ordered the Sheriff to
call for F. J. Moses. Jr., three times
No answer being returned the following
order was asked for.
STATE OF SO?TII CAROLINA,
UuAMJEiiuiiii County,
In tub Gkneral Skssions.
May Term 137-t.'
The State vs .lohn L. Ilunibert an 1
Frank 1 n J. Moses,-'Jr.
Indictment for Brcdoh of Trust with
Fraudulent Intent and Grand Lar
ceny.
It appearing to the Court, That F. J.
Moses, Jr., onu of tho above dole nd
ants is not under rccoguizauco to up pear
for trial in the above stated case, an 1
failed in answer when called, on notion
of C \V. Iluttz, Solicitor, it is ordere 1
that a Bench Warrant be forthwith
issued and executed to co.npel.the at
teu Ja iee vf the .?aid Franklin J. Mom,
Jr., and that he be hell in oust idy
until h i ot ter into Bond with go) j an d
svuucicnt suuurity in the sun of ?ix
thousand d dlars co:i liti mod foi' t he
appearance of the said F. J. Moses, Jr.,
at this term of this Court for trial
and to abide tho farther urdj.- of this
Court.
Judge Graha n desire 1 to hear Com -
sol for defendant first, Mr. Chamberlain
requested this. Solicitor Iluttz objected,
His Honor had already signed a similar
order, upon which a bench warrant Was
issued. At the request of Moses he
was allowed to give bail before the
Clerk of tho Court of Rich'and County.
Moses had not done this, and even re
sisted an arrest by tho Sheriff by calling
out. the Militia to protect him. Tho
defendant has no rights in Court uutil
he obeys the order issued from it. His
Counsel had pledged that he would bo
here for trid, upon which ho hid acted
and presumed the Court had also. He
is not iu Court, sets at defiance its
authority, and yet asks tobe heard by
Counsel. Should he not be arrested,
he may abscond before the ucxt term.
His Honor was bound to protect tho
dignity of his ollioe, and show the do
fendatit that he must not defy the law.
Judge Graham remarked that he
would haye to lot the law take its courxOj
and inasmuch as Mo.se? had faild to
appear, that a beuch Wiriuut would
issue under the general order at the close
of the term, and c.iuse his appear
ance at the next term of Court.
To this Solicitor Buttz dissouteJ, und
desired to make the following objection,
to the counsel for M oh es biiug heard,
before taking his sent:
STATIC OF SOUTH CAROLINA,
OiiAN(ii:nuii<i Cut;nty,
The State vs John L. Humbert and
Franklin J? Moses, Jr.
Breach of Trust with Fraudulent In
tent ion and Grand Larceny.
Charles W. Buttz, Solicitor 1st Judi
cial Circuit appearing for the State in
the above entitled case, hereby presents
to the Court, the following objections in
wi tting to the Court's court niaing any
preliminary motion in behalf of the
defendant Franklin J. Mosos, Jr., with
a view of changing tho place of trial
uutil such time as the Faid defendant
shall ho arrested and comply with tho
former order of'this Court.
1st. The" Grand Jyry having f>und a
True Bill, and a Bench Warrant having
bceu issued by the Court, tho said
defendant, Fi J. Moses, Jr., did resist
an officer of this Court by calling out
tho Militia nf the State to prcvout tho
execution of said warrant, und does
still defy the nuthoiily of the Court to
arrest and try.him for the said offence,
thereby treating the . Court with con
tempt.
2d. That the said dofondinl since the
issuing of the said Bench Warrant did
telegraph to one Willi tin Gurney at
Charleston, South Carolina, to tho
effect that he had not bo?n arrested and
would not allow himself to bo arrested
under or by virt?? of "any authority of
th'iM Court,'thoraby>'publishiug to the
law-abiding citizons of tho State, his
utter disregard' of law and good order,
nod placing hitusolf in contempt of this
Court.
3d. The defendatid hnving denied the
jurisdiction of this Court to cither ar
rest or try him, should not be heard by
the Court through b-is attorneys, until
he is taken into I custody, or appear in
persou and purges litmsolf of said oon
tempt.
That on tho 19th lost., the Tlon. D.
II. Chamberlain and lion. 11. B- El
liott uppearud in Op?n Court ami repro
sonled themselves as th attorney of the
d- fendnnt I>\ J. Moses Jr., and mo vo t
this Court for two orders which fixed
this,29th day of May as tho time, and
OrtiHgeburg as tho plnao of tria 1 for the
said'defendant, the other was for an
?rdor for tho severance of the defon
dants on their trial., The.St ito objo ctod
to the Court grafting cither of the
above inentioued ortlors on 'tho follow
'nr grounds: That tho deTentt-int Mi
scs was not in custody an l h id not be in
arrested and that the Court bKouI'J not
fix the duy of trial until alter the St ito
was in a position to pro luee the ac mko I ,
and further that preliminary tuition of
this kind should not be entertained
until after the" arrnihgbmcnt of the
prisoner. In urging the Court to grant
the said motions, tho said attorneys rep
resented to your Honor that they were
authorized by their client Moses to
assure tho Court that ho Moses rocog
nized the full jurisdiction of ibis Court
to arrest and try him for the said of
fen CO, and thoy further assured the
Court that the defendant M kjs w mid
be this day present for tlie trial] mil
upon the'so assurances tho Oonrt tjrwi
ted said motions and suspend*I further
proceedings to.cause the nrro.tt of the
aaid Mosos, sitter which time tho said
defendant in utter disregard of Law and
of the assurances made to this Com t b y
tho said attorneys, has ctllel out the
Militia of the Stato for tho purpose ol
preventing the oxecurion of tho procoid
of this County ,thereby disregarding the
oath of his office which h id been duly
administered by the Chief Justice of
the State to the clfeet that he would
execute the Laws and not violato or
obstruct their enforcement.
nth. That in addition to the offence
for which the said defen hint has been
iiiUieWl he has ad led the offence de
scribed in Section* 1, Chapter h32 o! the
lib Vised Statutes'- of the State which
imposes a punishment of both fine an 1
imprisone.out updU any tm 1 (iuclud
ing Mo.'fs and too Militia*) for hinter
iug or obstructing an >.ii ? r i i ex >.: itin :
tho warrant t?F this Cnirt. Tito la v
also ni tikes it t h o duty oft 10 Sheriff to
prosecute said uffgucUrs fur .i u'.
?obstruction.?.
These he w..mrifii sp:?ul upvi the j
journal of: t'.ic'Cirirt,beenu i h j vtitel
ftd be rirht in tliis ill Itter. Too p:>p!j
throughout the o i it.'y v >r ? w t' t'li n ;
its progCC33 wih br.eathloH aniexioty,
and he wanted to bo prou.rly u id er
stund. Moses wascontempt, grossly,
of the Court, :;nd he could n >t so? why
the Cuiirt should .hesitate so to dceido.
Mr. Moiso of Sututer followed on the
side of the Governor, lie was h ue to
say that no true bill had be.:n foilo d
against Moses, and therefore no bench
warrant had been issued, and could nit
be issued, lie had a great respeet for,
law. He could not livo without it. Iiis
speech was high spun ling, bu'. did not
contaiu hiuoh ldw>
The Court hero took a roccss for
dinner. At 3 o'clock .1'. M. it again
convened. General ISilt?tt who stated
that Mr. Chatnborl.iin wiuld nit spaik,
desired to know at this .-?tige of the pro ?
000JingS;wh.0 had the reply. llosiid
that until the Court decided as to tho
question of jurisdiction raised, a motion
to continue could net be hoard.
Solicitor Bltttz could not understand
the position of counsel. They were
only allowed to . be heard through cour
tesy, as friends to the Court, und could
not understand how the Court emld
regard them as properly representing
a right to speak iu defense o:'
Moses. Tho Judge had said that ho
wonld hear Moiso because ho desired to
gain all the information on the subject
he could get, as to his jurisdiction, but
did not bay that ho would hear him as
counsel lor Moses
Judge?Mr Bultz, tho speech of
Mr. Moisc has impressed tue. What I
want to know is whether this C >Urt his
jurisdiction or not.
Solicitor Btittz : That's not the
question at issue. IIc can't raise any
such objection under the present cir
etinistauccs. It ho had submitted to an
arrest, appeared in Court, then his
counBol would have had a right to raise
the plea of JuHsdicttftrtii Hut if tho
Court had formod' an opinions then it
would be useless for him to go further.
Court?Had not form oil an opinion,
and thought it to bu tho duty of Court
to hear the opinion of others iu so grave
a matter.
Sol. Buttz--Tho defendant's counsel
have only a ight to plead to the juris
1
tliction of this Court after tho arraign
ment of Moses. Moise assumod that
Mosos wa-c* Governor and tho court was
bound to take cognizance of tho fact.
That the Solicitor contended tho court
could not do with any proper respect
for itself. To show that the defendant
is Governor, the couusel would havo to
prove it. That, they could not do. until
they were properly before Court. Tho
records didn't show that the defend int
was Governor of the State; then is not
one line of proof to that effect. He is
indicted as a privato citi/.on and should
stand his trial.
If ho is above the power oT the law
then he can do what ho ploascs, and uo
one date to molest him. Didn't do c
how his lion >r could hear any argu
merit on this point until after the ar
raignment of Moses; certainly he could
not hear testimony unless it w.is proved
that he was Governor.
Court :?I do know that Moses is
Governor. I know this judicially be
cause the law tells mo so.
Sol. Buttz:?Don't seo how your
Honor can know that, lor if the truth
was known, there may turn oat t> ho
one thousand Frank lind. Mosas, Jr.,-in
this State. He did not think tit it the
person named in the in lictmont could be
Franklin J. Moses Jr , Governor of th c
Stato, because it is unreason ibloto sup
pose that the chief Executive of the
State ooul 1 so far forget hi itself a* to
commit grand larceny. It would take
a bold man to say that tho tio/erno r
would steal 80,000.
Court:?1 havo sufficient knowledgo ]
of the fsct that the F. J. Moses men- j
tionuJ in thh i i Ii ? n i r. is the Cover j
tier of the State a?d therefor* is'* again j
whether he em be arrest; 1 n n it.
Solicitor But iz ? They claim that
this Co i it has no. juried i ot ion j Mjiso
claimed that the wheels of G iver-riiuent
would slop if MoNtfS were arrested.
Such would not be the o is \ As aj
Democract, pi* u u w he. MoLe, would J
advise a Ucpublictiu set at d.-'unco j
the 1.. .VS of.i llepnhlic ?n Govern ucnt.
Such Was wrong. He Bird in open Court , j
that in answer to a tcLgrim hs a Ivised
the defendant to rcabt the warrant of |
? I
arrest. That he did so as a sworn ,
Attorney, after can ful labor and study . \
II Musts wife to take the advice of j
Democrat.*, hi would nut only resist th e 1
law. but go and voliuturiliy lo:k hiuisdf I
up ;ii the Penitentiary. As Solicitor he j
had taken hie o.itli of oiTuc in ourucat, {
and meant to prosecute evoi'y mau who
did wrong who was at I e age of dis
cretion. If Moses' friends desired to
make political Capital out of the matter,
he had no stock in it< He was simply
doing his duty. His iiupiisonmeu t iu
I jail would not incapacitate hi a tr im
I performing the duties oFG >vernor. His
ubilily to act assUch wou'.d bo the sam.'.
Inability only follows imp :aeh u nit,
therefore the argument of Moses Coun
sel must fall to tho gro ml. We have
tin otficc that is almost above tho Gover
nor. He is the peaco officer in every
county. He cau call a posse whenever
he deems it proper. That officer is the
Sheriff. The executive is liuitol iu
his power. Hero Solicitor B utz real
a paper which was full of law and good
sound reasoning, showing that the exe
cutive can bo arrested. The toUit had
issued all tho papers in the case, and it
would look rather strange to refuse to
enforce an order, after delivering it to
the Sheriff.
Court?Since heat ing Solicitor Buttz
was imprcsEod muoh more so than when
Mr. Moise quit.
Sol. ButtZ?Co which side your
Honor ?
Hero General Elliott ar >.s; lie said
that he felt timid in approaching so
grave a constitutional question, but as he
was hero to represent the HXecittlve of a
sovereign people, ho would endeavor to
do the subject justice Tho question is,
enn Gov. Moses bo arrested before im
peachment ? '1 lie constitution says that
he shall not bo until after removal fro n
office. General Elliott's speech was
very strong and lasted about two hours.
Sol. Buttz :?Listened to argument
with a great deal of patience* Iu one
sense his rpeech was. a tirado against
the attorney for the State, and nothing
more He had not supposed it to bo an
unpardonable sin to give out a hill of
indictment against the Governor. IIo
did it in discharge of his duty. Mr.
Elliott's speech was pleasing to eunho
ny but coo Ufa c<I do law to negative
the charge that Moses could not be ar
rested. AVherc the constitution says
that the Governor shall jbc anarjablo
to the law, lor a wroqg doueduriii j his
inciimbciicy in,office, after impoioh
inent, the moaning is that tho ploi of
impeachment shall not operate as a bar
to a trial before a jury. That is that
the Governor canuot say that I have
been already tried and convicted, and
you cannot try mc the second time
Solicitor Buttz conclude 1 by saying
that ho had no animosity iu tho matter,
no personal spite to gratify, and only
wanted the sanction of his conscience.
That assured hjm that ho had dono his
duty. Counsel for defendant had char
ged improper motives to him. Perhaps
in their ycal for their client, they
forgst tho high duty he owed to the
people. Whenever a man docs wrong,
bis friends always say that the prosecut
ing Attorney is heartloss. They do this
in many instances through ignorance;
the counsel for the defen laut arc in -
tciligcnt, and know as well as I do,
that in this case 1 have done my duty
and no more If there was any haste iu
the matter, it did not come from me.
I simply gave out a bill up ?n the
papers handed to uio.
Here his Honor decided to rcscr\o
his decision as to his jurisdiction, and to
continue the caso till uext court.
In justice again to Solicitor Butts and
Judge Graham, we have to repeat that
they have acted throughout, iu the case,
In a manner which shows tluir high
appreciation of too responsibility rest
ing upon them.
The C ivil night* Bill.
Tho following is the full text of this
bill, as amended and passed by the
Senate early on Saturday morning :
SECTION 1 hat all citizens and
other persons within tho jurisdiction of
the United States idiull bo cutitlcd to
the full and equal enjoyment of the
accommodations, advantages, facilities
and privileges of inus, public convey
ances on land or water, theutres and 1
other places of public a uns em Mit, and
also ol common schools und public insti
tutions of learning or benivdcnoo. sun
ported'xin wbnlo or in part by general j
taxation, and of ceuia^orien so supported. I
and also the institutions known as -ngiu- ;
cultural colleges, endowed by the j
I'liitcd States, subjoc' only Jpilie cj<ndi- j
tions and limt.lntii ns r ntablifdied by law.
and applicable alike to citizens of cwry
race and color, regardless of any pre
vious condition of servitude.
Skc 2. That any person whotdiall
viola to tho foi egoing Section bydeiiyiug
to any person entitled td its beunfits,
except for reasons by law applicable to
citizens of ovcry race and color, and
regardless of auy previous condition of
servitude, tho full enjoyment of any of
tho accommodations, advantages, facili
ties, or privileges in said seotiou enum
erated, or inoit'ng such denial,sUoh per
son for every such offence shall forfeit
and pay the aum of five hundred dollars
to the person aggrieved thereby, to be
recovered in an action on tho oaae with
full costs, aud shall also for every suoh
offence be deemed guilty ofamisdemea
nor, and --lipon conviction thereof shall
bo lined net more than $1,000, or shall
bo imprisoned not more than one yenr ;
provided that tho party aggrieved shall
not recover ruoro than one penalty, und
v. hen tho offence is tho result of burial,
the penalty may be recovered by the
process nt law of the persons who had
been refused burial, and provided
further, that all persons may elect to
tue for the penalty aforesaid, or to pro
ceed uuder their rights ut common law,
and by State statute, und havo so elected
to proceed iu the one uiodrt or tho other,
their right to proceed iu tho othar juris
diction shall be barred. Hut this pro
visoshall uoi apply to criminal proceed
ings cither uuder this act or tho crimi
nal law of any State j
Suction 8s That tho District and
Circuit Courts Ol tho I'niud States
shall havo, exclusively of tho court's of
the. several Stntcs, coguizanco of all
crimes and offences against aud viola
tions of the provisions of this act, and
actions for tho penalty given by the
preceding seotion may bo prosecuted in
the Territorial, District or Circuit Courts
ot tho United Stntos wherover tho de>
fend.mt.". may bo found without regard
to the other party, an 1 the districts at
torneys, marshals, and doputy marshals
of the United State, aud commissioner
appointed by the Circuit and Territo
rial Courts of tho .United States, with
powers of arresting and imprisoning or
bailing offenders against the law of tho
United States, aro hereby .specially
authorized and required to instituto
proceedings auainst every person who
'shall violate tho provisions of this ai t
and cause him lo be arrested and im
prisouod or bailed, as the ease may bo,
for trial before such court of the United
State or Territorial Courts as by larr has
cogninnce of tho offence, except in re
spect of the right of actiou oceuriug to
the person aggrieved, aud such district
attorney shall cause proceediuus to be
prosecuted to their determination as its
other cases. Provided, that nothing
contained in this section shall be con
strued, to deny or defeat any right of
civil action oceuriug to any parson,
whether by reason of this act or other
Section. 4. That no oitizen " possess*
ing all other qualifications which aro or
may be provided by law shall bo dis
qualified for service as grand or petit
juror in any court of the United States,
or of any State, on account of race, col*
or previous condition of servitude; and
any officer or other person charged with
any duty in tho sclectiou or summoning
of jurojs who shall oxolude or* fail to
summon auy citizen for tho ctuso afore
said, sball, on conviction thoroaf, bo
deemed guilty of misdemeanor, and be
fined not more than 91,000.
Section 5. That all oases arising
under the provisions of this act in the
courts of the United States shall be re
viewable by tho Supreme Court of the
United States without regard to the
sum in controversy, under the same
provisions and rcgulaitoa as are now*
provid- d by law for the review of other
causes in said courts.
Greenville.
. aSafai.V*;*'* ,!
A student writing us from tho ab JVC
place, under date the'Sth insU.,1 says : '
Greenville is building up very fast.
There are five new stores just abadt
finished, and another largo ono started,
to-day ; bosides these a cotton factory
which will bo run by the natives of
Kedy River, is. nearly finished. The
factory is situ ita? just holow tha Fall?.
Those who have novor visited tlre-m*
villc should do oo nt once, and thora
i l ' ;'t ? : ?
will be no better timo than about the
15th of June, as tho eOmmeucathent
exercises of Furman Uuiversity, tho
Female College and the High School
will take place on tho 16th 17th. We
have some friends in Orangeburg we
hope to see upon that occasion. Wo will
promise them a hearty re option aud a
p)on>ant time in goneral.
SIGMA.
Lost.
T.o'l at St. Oorgcs' Station S. f%, R. R.,
r.r gtj ik-orges Church a H Vitt DA tCRLEr^.
with a MINI Afi'tlK in the GOLD LOCKET.
Tiic tiud-r ?>t' which, will be suitably reward*
ed it let; at this .?theo.
may !)U 1874 tf
_
TOST ONK DARK BED COW WITH A
j Bed and Wliild Cull*. Any information
will be thankfully received hv
J. 3. AL?ERGOTTI.
Conner Ku sell St,, and R. R.
may ilO -1874 It
Adiuinistrators Sale
Ey virtue of nn order of the Probate
Court, I will sell at Orangoburg'C. H. an
Thursday tne Eleventh day of Jurte A. D.,
1H74, all tho - perishable- property of Dr.
PrkDkrick F e n s x en docascd, consisting
Household and Kitchen furnatuve, Dental
Tools; Deutal. Chairs, Buggy and Harness
&o. &c.
Terms, Cash.
May 25th 1874.
JOSEPH fersner,
Qualified Administrator,
may .10 1874 "St"
Sheriff ^?Sales.
ORANGEBURG COUNTY
In this Court or 1'qobate.
Estate 6f ^LA^S^N?lJ^:1?h?K.
Ry order of Probate Court of OraBgSBtirg
Count j, I will sell at public out cry St Or*
nngeburg Court House, on the firat Monday
in June, 1874, during legal hours of eade
All the NOTES, ACCOUNTS and other
CHOSES in Action of aaid Estate.
Terms cash;
Sheriff's Office, 1 B. t. Cain,
Orangeburg C. II., S. C, I Q, O, C.
May 21st, 1874. )? , ,
may 23 It
State Scholarships.
OFFICE CO. SCHOOL COMMISSIONER
?nAMflSllDKO ?O?NTT,' S.* C
NOTICE Is hereby given that in accord
ance with Act of Assembly Approved-If epr?-?
ary 1874, cntitlod "An Act to establish car
tain State Scholarships id the University of
South Carolina a Free public competitive
examination will bo hoid at this office on
"Monday July Gth 1874." , ;Th*e act. provld?s
that but one student shall be admitted froth
caeh ,County for the first .year, : 0f all tho
applicants for admiaaion the three exhibi
ting tho greatest profioienoy in all tho
branches of study required for the admiss
ion of atudents into the University, will be
recommended to tho Statt Rpard ? of
examiners, i.nd a final Examination Will be
held by tho State Hoard of Examiners at
Columbia en Thursday Octob?i la*. 1874,
when tho candidate is found most profieiont
will bo admitted to a Scholarship in the
University. ^ \ "
Tho successful candidate when admitted
will be enUtled; ta'^rSblSve Jfca>3$iundrsd
D?llarB annually, aud tuition free. |
May 8lh 1874.
smiia^ffi
School CommhsiOasr.
may 10 1874 tf"
BOARD without 1.0I)GTJH3LCan bo ob
tained at reasonable, raten. For terms ap
ply over McMaslcr's Store.
mar U i