The tri-weekly news. (Winnsboro, S.C.) 1865-1876, August 24, 1865, Image 2
Thqrsday Mornia& 96
We are requested to ethe tha Hon.
t. B. Bor.8ToN is not a candidate for
the o9vention,
We are 4nthoted by Col. R. 8.
MV&Ais to sate dhat lhe will not bh'a
candidate fir the coming convention.
Vol. MIAS' -sosence frotb the District
hAs prevented him from sooner making
known his intention.
Reptudiatten--"urIsontitus."
We r publish this morning the able
and logical argument of JUI8OONSUL
ru8 against the repudiation of private
debts, nnd direct the attention of every
reader of our paper to It.
The arguments adduced by JURIScoN.
VI.TUS - are so clear and of such force,
(Whig from the '4ostitution of the Uni
ted S'ates) that it is unnecessary for as
to throw farther light upon the subject.
careful and attentive study of the
asicle is enjoined upon every one. All
are equally interested in the matter.
Tn'another column will be found a card
froi Maj. Wit.' R. RoDEnTSON accept
'qg the nomination for the convention,
and giving his views upon -the great
que-tions of the day, i. e., the amend
me1,t of our State Constitution, (accord
ihg to the force of circumstances,) -and
etiw matters for the welfare of the
people.
IEvery one will give a close and care
ful -attention ,to the liosition taken by
,Maj. RODUCRTSON. His views are those
thaty we think, will be adopted by a
majority of the people of our Uistrict,
and the course he has portrayed in ref.
erence to other matters, not laid down
by President JoHN5oN, is.su'h that
meet our hearty approval, and will, we
doubt not, receive the warm support of
everf lover of civil and political rights
;i our State,
The election for members'to the State
Conyention gones off on Monday, the
40h day of September, and the only
chatdllaie-s fiow for it in this District are
GeI,. JoiN BRATTON, Col. JAs. H.
Rios .and ajor W. R. RoBERTSON.
Tiht6se who wish to exercise the elect.
Jrp ThI seat the approaching election
wIillhear in mind that they have to take
th amnesty oath preaci'ibed by Prest.
dent JOHNSON in Iis proclamation of Lhe
29th May, 1865.
We learn from a gengeman just from
Union District, tAat, at a pubiic meeting
held in Union on' Monday last,,the-21st
itmt, for the purpose of nominating can.
didates for the app'roaching.State Con
voittion, Col. T. N. Dawkins, Ex-Gov.
~at "sd 9e. .Wih. Wallace 'were
umig tedI.
In ree1)ville, as we learn by the
Mountaineer, Dr. 'Jan. P. Boyce, Mfaj. T.
j.Bolling, CapL 'Jas, P?. ILattimuer and
LiW.t Win. 11.-Petry, have been noai*.
nated candidates for the convention.
The first step was takcen on the.7th
towarde reorganiation in the late aeced
.'4 StAtes. Mish&baippi, under the pro.
.tlaeii of Sovernor Su gsplte
fimbiers to a Convention whc st
be hld thidthnst., to revise the'
State eenstittioe, The. temnaining ix
stg are eo bs$(eletions ad Con
vsenterr sq fiolb*#
. 2Vmeof Tme of
Aibama, - N ep.l,8
A~~rlita,e p. 4, '5 ep., 13, '05
- Aitt a ptidpa ob~cbler
-o' iights of these 4a~ (Ih
n
p "t e little impertinent fallow
..-N fe-noto notq in
r9tA b - awoke witv', kdden
re oll tII his origin suited the ap.
p*A -, of .just such a place on th6
strot between the Court House and
"these headquarters."
Passing Zvent.
Our own glass house has been so
stormily -pelted for the last four years
that very meagre has been. the 'opportu
nity of ever peeking at those of our na
tional opntemporaries. We don't pro.
pose any-such game as projectiles, but
ye can with dignified neutrality recon
noitre their position. Beginning on this
continent we find almost~ the Whole of
South America in one grand war blaze.
Brazil, the Et Dorado of restless South.
drners, is not free from "entangling al
liances." Poor Mexico, as all know,
heaves and rolls under the chariot of
Mars. Leaping across the Gulf, we find
Hayti, the scene of eleven revolutions
in six years, reeling to and fro in the
madness of revolution. Across the At
lantic, although the 'five great powers
are not paralized by war, still its influ.
ence is felt. In England, the Parlia
ment is undergoing a change. The con
test there is between aristocracy and
democracy, with a probable success on
the part of the latter. France is inivolv.
ed in a struggle of Imperialism against
republicanism, but more serious, because
the appeal is made to the sword instead
of the ballot box. This brings us back
to this continent, and directs our atten.
tion again to Mexico. That country
concerns us because the position taken
there bf Maximilian, the- cats-paw of
Napoleon, challenges the consistency of
our General Government. The most
serious test of the position of the United
States upon the Monroe doctrine is now
before the world. France, in violation
qf the principles enunciated by Presi
dent Monroe, and endorsed and re
endorsed by the Government, seeks to
overthrow the effort to maintain a re
publicait government in Mexico, and es.
tablis4 instead thereof an Imperial one.
The Unitdd States must look with jeal
ousy upon such an attempt. Once es.
tablishing a foothold upon the soil of
any power on this bontinent, no one
could define the limits within which for.
eign powers would be circumscribed.
If the United States maintain their.
groitnd, their relations with France must
soon assume a delicate character. If
France persist in sustaining Maximilian,
it cap be only because Napoleon has.the
nod of all the other' great powers. And
if this be so, and the United States ef
feet no compromise, or do not abandon
their position, the ftture is fraught with
events that one could not venture to
portray without r#inning therisk of a
charge of lunacy. But there is a pro
bability that Nspoldon will not push
matters to an extremity. If thirty-five
thousand be the Atrength of the Imperi
al army in Melico,' and no further addi
tions be made to it, there is no chance for
Mfaximiliasi to esablish himself peace
full3y npon the Mfexican throne.' Con.
fesions of telling significance are al
ready made by French joarnali. They
acknowledge that-the foreign troops are
entirely .inadequate to put down, the in
surgente, and that the country evidently
rejects the intervention and the empire.
Napoleon -has .mbe than once, surpris
ed -the world by the abrpipt t'erminous be'
has~ put upon bomie of, h'ia natibusal
scheines. rTot has he ever-lef want
ing in. those plausible preteuta Ivhich,
dr~udg nqig frmthe brilliancy of
hie, ith addd tis rnown ad a dI' -
~O~tiQ. 3aKDI4tangs upotfite 4jb
de 'o~llau~auif puetvatIdns
'e~e~ites~dM . Whatrf~
tiitem4 wh1 soele with# h
e"Ieperg Aoh tries th -
the id#th be p
dy toft4e
~~e ofeos o(
fretm'he Trl-Weelya ?4'ws, Aug. 17.-Canm.
Th~eie is a very geVts t
.iou onthe part of oqrlwople 4A this
subject.' To it1tae ettiVt the 1te
would be benetited by the passage of a
4;w cancefling all existing private debts,
is a question thatheed'not be consideWa,
if it id. injposai4l to enact Such a law.
Now, can uvci a law be passed ?
The "Convention" can pass no specific
laws. It can only, by a Constitution,
prescribe jitat R2ind of laws the Legis.
lature may, or may not, enact; how
these law; are to be enacted, and how
executed.
Can the Legislature pass such a law ?
Our present Constitution, Art.'IX, Sec.
'2, declfreg that "no law impairing the
obligation of contracts, slall ever be
passed by the Legislature of this State."
This the Convention can strike out. hnt
it eannut ordain the contrary autiorizing
the Legislature to pass such a law.
The Constitution of the United States.
Art. 1. Sec. 1. declares "No State shall
pass any law impairing the obligation of
o6ntracts." This prohibition has beeni
uniformly held to apply to contracts
made by the citizens of the same State,
as well as between the citizens of differ.
ant States. This prohibition is final, for
the Constitution of the United States is
the Constitution of each and every one
of the States. S'iould our Constitntion
allow, and our Legislature enact, a law
impairing the obligation of contracts, the
Constitution of the United States would
make such a law nnll and void. Our
Judges would recognize such a law.
By Article VI of the United States Con.
stitution, that Constitution is mtde the
supreme law of the land ; and the
Judges in every State shall be bound
thereby ; anything in the Constitution,
or laws of any State, to the contrary
notwithstauding." To render this pro.
vision the more eficient, the same Ar.
ticle requires that all the Judges of the
several States "shall be bound by oath
to support this Constitution." '
There are several classes of law,
wich tay be passed for the relief of
debtors,-such as bankrupt and insol.
vent debtors laws, exemption laws, and
stay laws. All bankrupt or in'solvent
debtors laws, withent exception, that
have ever been passed by any State or
by Congress, require the surrender by
the debtor of all his property. And in
respect to them, Kent in his commenta.
ries en the Constitution of the Unite'd
States, gives it as decided that in Order
for a -tate law not to violate the Uni
ted Constitution "the debt must have
been contracted after the passing of the
Ac." Vl. 1. p. 422.
Exemption laws are always prppec.
live. Thus, odr exemption A ct of 1823,
and the Hlqmestead Act of 1851, in er
press terms, are made to apply only to
"debts thereafter contracted." This
was necessary to render them constitu
tional, in not impairing the obligation of
existing contracts.
How far stay laws can be extended
without impairing the obligation of con
tracts, has not yet been decided. These
it is the province of the Legislature- to
pass.
We conclude by stating three propo.
sitions, which we, hold to be, in point of
law, udeniable :
let. Without, an amendment of the
Constitution of; the United Sates.no
powey can pass a valid lnw, cancelling
existing private debts.
2nd. The .Legilature is the proper
authority to-pass lawso foir 'the relief of
debtors..
3rd. All such laws must be so framed
as not to impair theo obligation of exist.
ing contracts.,
JoursdoNSULTUS.
FROM TExAs..-Provisional Governor
Andrew J. Hamilton r'eached Galveston
on. the 21st.ult.Vhere, on .the 2pth, lhe
ised his proplaination to -the people,
announcing his appointment by the
Presideopt and. forpsbadpwIng his~ designed
courbe of proced~re ink the performnance
of his duties.a Me .$xes no time for the
election.or (Conventtidng but states that
they would bghd4as sei as proa
ble. -He adaybnishes )le Texane to dis
pel the delusion, under which many of
them are tatoryg, tht isrr. sril ex.
ista, and infurnis 'se ti t is I pflec
tuially' dea .ha to treat
repeentauve iWI1RtJ!4M*
dorhi of the tV4
'hate-done~r~q 'yt
jiqho etedt~
At is: ens of the:
i el& da at the Coift1
for prpos f nominatilg
candidates t a e Contention, ordered"
by his Excellency, B. F. Perry. Provis.
hinal Goverhor of South Carolina. Col.
W. C. Beatty was elected Chairman,
and H. F. Adickes &ecretary of the
meeting.
The Resolution was aubmitted by H.
F. Adiekes, which was adopted : 1hat
a conunittee of seven be appninted to
nominate suitable condidates for said
Convention.
.The Committee appointed were H. F.
Adicker, G. W. Williams, J. L. Ad.
anm, Newton Stenle, Givens Gallagher,
William Caldwell and TJ. Bell. Af.
tir consultation, haid committee reported
the following names as proper candida.
Les for election, viz : Rev. R.' A. Rosm,
A. S. Wallace, Esq., W. I. Clawson,
Esq., and Mr. J. Newman McElwee,
Sr.
Maj. B. F. Briqga submitted a reso
lution : That the above nomination be
laid on the table, and that the names of
W m. C. Black, Esq.. Col. Cad. Jones,
Rev. R. A. Ross, MAnj. J. W. Avery,
be suibstituted in the place thereof, ds
candidates ; which was adopted by the
meeting on divisinn. .
Col. Cad. Jones offe'red the following
tesolution, which was. unanimously
adopted.
. Resolved, That we approve of the call
made by His Excellency, B. F. Perry,
for a Coavention of the State, with a.
thority to alter or amend lthe Constitu.
tion thereof, to restore civil . authority,
and to exercise all powersnecessary and
proper to restore the State to its consti.
tutional relations to the Federal Govern
ment.
On motiqn of T. J. Eccles, Esq., the
proceedings of this meeting'vere or
dered to be published in. the Yorkville
En'quirer and the papers ofthis Stato.
-W. C. 13lAry, Chairman.
H. F. ACrNs, Secretary. .
Yoikvillh, S. 0., August 1-, 1805.
Tur CnoPs.-Though the wheat crop
has proven almost a failure throughout
our District, the i.eaon has been most
propitions for the corn, which promises
to he the largest yield we have had for
many years. Vegetation, generally, in
flourishing. .while the fruit trees are
breaking down under their unusnal
burthen, thoUgh the fruit is by no means
good. having been afected by the wet
weathet. But liile cotton has been
planteil, while seed is scarce ; yet, from
the obundance of grain promised the
farmer, he )ooka forward to next year
for his raturn, as far as possible, to the
old systen of cnlIvatiion. It ib a mia
take to suppose that therb is any large
quantity of cotton ii the District, and it
is also a mistake to suppose that holders
will-be compelled to - sell at - the low
prices offered ; though it is desirable that
a market may be made, that our peopler
'may have some sort of enrfenoy to oper.
ate (vi: I.- Yorkville Enguirer.
. KX11Os hfiUNYAIN RAI R9Ar.-A
mqeting of the stockholders of this Com.
pany was held iu this place en the 51st
ilt., to fill the vacancy occasioned by the
death of W. A. Latta, late Presid'ent,
*end otherwlse to organize the Company;
the. folowing gentlemen were elected
officers, and have sptered upon thmeir du
ties, wvit'h theeprobability of running the
cars fromi Chestet to Guthgiosville, 7
miles fror this point, by thie lst of Oet.,
and th'roughi by the 1st pf January. It
ipay not be generally known that* the
iron for seven mie a been taken up
for miliitairy~ purpoqes,-aund no~w has to be
replaced, while~a genzeral 'reisair 'of the
entire road has become necsary :
John 13 Erwin, Presidlent,.E. M. Law,
Geo. Steele, E. A. Gkenahaw, J. S.
Bratton, J. H. Adams, n.Jhso
AmnAIN ' AA DMai'he Ne'w
Orleans Picayune of J*lg.28 eaya :
*We learn from a wqlhigformned mem
ber of te Alabama proel that the peo.
pl#.of that Stete haye taniivseally uua
cepted tjhe political-hitotion and'efttfd
downa in their old geesful opursuitg.ie.
fthink,,drain ebservatida in theVinttier
ft4eontr*, t phajt~abb-fest
ittkt ge nerally a. .N fih pia
4ery 'where heual #49
tjl pestie U0I* derm 1
os la ah
sh a no
1 4 t '
SCONT 'Idar, Aug. 14.
B4y, , Aug. 16, 1865.
zJ1t h , through a schoner
6e e.i which arrived at
1nrbor Grace Aug. 14, that at 4 o'clock,
A. M, on the 5th of August, shoe
*.mGat 7n andQ a~ Marge sure'*
steamer in latitudd 51 40 north% lpngitude
8 west. At 6 'clock, A. -M., on the
same day she saw a beacon- buo ., with
a flag marked "Great 'astern, N. '6.5
The ships were'at the time about fivd
iniles southeast- the 'buoy, and the.
weather was exceedingly thick and
foggy.
The Captin of the First fZit ondeav
ored to near the steamer, but owing to
a calm * was obliged to give up the
effort.
The screw steamer went alongside
the schogner and spoke with ier, The
Captain of the steamer (which is Supposed
to ho the Terrible) informed the Captain
of the schooner thitt tho caible parted on
the 2d instant, and that the buoy was
the mark where the cable was. list
seen.
The Captain of the schooner further
state that he is not certain of the buoy.
having had no pbservation for several
days.
The news caused <uite en excitement
among the inhabitants of Heart's Con.
tent.
We had been expecting f9r. several
days that some disaster had occurred to
the fleet, but, were not prepared for the
actual annoucement whent it reached'u.
We do not. however, give up the ex.
pedition as a failure, as when last seen
the steamers were endeavoring to dis.
cover the location of the buoy, showing
that they had not abandoned al hopes of
eventually laying the cable.
Mr. Mackay, the Superintendent of the
New-foundland Telegraph line, is, yet
hopeful that the Great Eastern will ar
rivo in the course of a few days with the
cable all right.
I cannot describe to you the deep dis.
appointment which prevails among the
people in general.
- There is no diguising the fact that the
general feeling is..after so many failures,
that the Atlantic Cable is a thing whic
will never be successfully accomplish.
ed.
All the visitore from St. John's and'
other places have gone home, and the
reporters and -telegraphers are all that
remain of the thousands who filled the
village last week. . I
At the time of the cable breaking it
was about six hundred miles distant frbui
the coast of Newfoundland.
HKART's CONTENT, Monday, Aug. 14,
Via Aspy Bay, Tuesday, Aug. 15.
Asa corroboration of the news bronght
by the First Fruit, f may add that-a
vessel arrived at Harbor Grace on Friday
last, which reported having seen, four
days previously, a large buoy two miles
distant from his vessel. The Ca ptailn of
the First Fruit repo ts having asked -the
Terrible. whetier they .considergd the
cable lost. The answer was "Could not
say." .
Provisional Governor Sharkey, of
Mississippi has lately levied, for 'the
purpose of defraying the expenses.in.
.ident to the calling of the -convention
shortly to assemble- In that State,- a
special tax of cdne dollar on each baleof
copon sent to the mnarket. A numbar
of the cotton holders having. retast~o
pay the assessmenti the Goverueiots
issued anl Qrder requiring the oomsty
Sheriffs to sew4 al) cotton, the'holepf
which' refuse payment, and to ..sellI
sufficient portion of it to ~ay thi tr
and an additional -one deda pee
be New Orleans Pi 'p
bwinU to the demoralisahaup of tpo, .
bor mnmany parts of .'hm
white popidattor have ' yg'
industriously taken h dhe. work
themselves, an4 a itoing some of
'the best crop. ea owinag. The peo
pio are eg' 'aee that wnder the
new sy 'f. frican alabor, ~.,want.
.of-.s 2brter, np further depuendeue.
ia.. put in-thatace, and - hey, bave
r ved to do theoir~work tSom~seqe.
France is trosbled by~tko. viqa-of
Federal trops ws Te aa deJ~t4Iu
Rlio Gratud*. Alaay lrs, ar
to magndy thtelrgeoa geam
the Impeial fprg as q ,~4
wish for *ulsto~ 4 a~
Wa* D rtnenJuM ~ b.*
to di ll jaie~W
"o"he. saan