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' * # J ; . . . - ; 5 ISSUED SEMI-WEEKLY^ ^ L k. obists SOBS. Pubiuhen. j % Ifamitj Jfewspajer: |for th< f "motion of th( jgolitiaal. Social, ^jricullupl and Commercial Interests of the feople. |^R*SiN1S^opJe?i?iNoira*m'!' B8TABLI8HBD 1855. ~ YORKVILLE, 8. C., TUESDAY, AUGUST -j9, 1905, ISTO. 69. ?LLEN c. 0 KING'S K S Written for the Yorkvllle Enc CHAPTER IV. The arms are fair When the Intent of bearing them la Just. Shakespeare. In p. fork made by the waters of Crow&rr's Creek and the Catawba river, , a party of troopers were blvouackjfrg on a night, in the last Quarter of the month of September. Fires had bgen kindled for the preparation of their evening meal, and though late, Had not died out; and with the torches that were constantly moving s above, gave life and character to the brilliant panorama. The party consisted, of about thirty men. their tents the broad sky above them, their canopy the leafy bowers. The most of the soldiers were stretched upon the ground with their knapsacks for their pillows, the grassy sward their bed. whlle< saddles, bridles, muskets and sabres hung from the adjoining boughs or leaned against the trees. The horses were picketed near, and their occasionv al neigh or fiery snort with their inces*w?mi?lln?r added vet more to the excltejnent of the scene. At the farthest extremity of the I camp, and retired from the bustle by a thicker natural growth, assembled a body of officers. A few blazing pine faggots, stuck in the i elghboring trees, served to Illumine the countenances of the party. The most of them were lying on the ground with the wearied air of tired men. but the most promv Inent * figure, and from the uniform. the leader of the troop, stood as If In anxious expectation. "I trust no harm has befallen Bowen; he should be here by this time." As he spoke, he drew from his breast his watch, and exclaimed. "11 o'clock, and not yet here! This must be seen to. Ho! there. Darby, order out a reconnoiterlng party." ^ "No need, sir, If you want tidings of Captain Bowen. Here is Hotspur, now galloping Into the camp." "How, now. Hotspur, what news?" said fkfajor Davie, for he it was, "Where's Bowen?" "The Tories are halting about twenty five miles from here, at Catawba ford, near the Waxhaw, and will not venture the crossing before they have daylight, to transport their roguery," he said, full of the principal news. "The captain sent me on with the intelligence; he's coming with the rest." "And good news it Is; ho! here, wake up. boys. Darby, sound, sound 'to saddle.' Up! boys. up. Officers to your duty!" At once, everything sleeping, started; troopers were hurrying rapidly across the ground; the clanking of their broad-swords, the priming of their muskets, equipping their horses made every hand busy. "How many men has Bowen with him?""About thirty; as clever a set of fei lows $is ever handled a broad sword? full rigged- too. The man's had witchfs at work for him?but there , he is to speak for himself." And as he spoke. Captain Bowen. at thf head of his men, came dashing Into the camp. The soldiers could not refrain from huzzas of triump at the goodly accession, but Major Davie's stern "silence!" reduced them quickly to order; while in more modulated tones they welcomed their companions in arms. "Welcome! Bowen, welcome; you have indeed been busy," said Major Davie, as he grasped Bowen's hand. "Fine, stalwart fellows, too, and every man well mounted; but what news Is this of Hotspur?" "The Tories have been scouring the country, foraging for supplies for Comwallis at the Waxhaws. or Rawdon at Camden, I cannot learn which; they have been unusually fortunate, k and are encumbered with their provisions." "What force have they?" "One hundred, I shall say?certainly not less; but we are a match for them unencumbered as we are?do you not think so?" said Bowen, seeing the major hesitated. "Certainly I do." replied Davie. "I was thinking if our force could manage the prisoners and supplies both. We must have arms. Sevier Js need Ing tbem. and what plunder we cannot restore we will use ourselves. The prisoners might go on parole, for I cannot delay my motions with them; but there Is no honor In these rascally Tories. Ten to one. they will Are on our backs. If they can succeed In concealing or stealing a single weapon." "Well, catch them first, and then dispose of them." laughed Bowen. "That's not my way, you know, captain," replied the major In high good humor at the promised prize, "but we must not waste time. Form In line," he thundered, and springing on a spirited charger and followed by his officers, galloping to the head of his ? men by a rapid movement wheeled them Into column, and clear above the clashing of sabres, the tramping of the horses and the Impatient directions of the officers, rang his clarion voice? "Forward!" It wag before the grey of the morning when tf\e Whig cavalry reached the ford. The Tories, under the command of Captain Hardy, an officer of Lord Cornwallis. were lazily rousing themselves after a night's debauch, and slowly preparing to take the road. The baggage and plunder had been left in rear of the camp, but the horses were near the river's edge, for the greater convenience of watering. Suddenly, the report of Are arms attracted attention, and the cry of "to horse!" resounded through the camp: but ere they could mount, the frightened outposts were driven in, and ^ thundering quick upon them, the Whig cavalry burst Into the camp. It was a scene of wildest confusion, housed from their slumbers, the Tories rushed out, half naked, to be cut down by the victorious cavalry. A few gained their arms, and posted behind trees, kept up an Irregular flre. Captain Hardy succeeded In getting together AMPBELL >R IOUNTAIM luirer, by Mr*. Mary A. Ewart. about half the men, near the rive ford, and forming them Into columt poured forth a scattering flre of mua ketry. In order to gain time to collec his terror stricken troops, and cove such a retreat as he witf able to mak< "Down with them! down wit! them!" shouted the troopers. "N mercy to the Tories! Cut down th robbers?give them Tory mercy! they Bhouted, perfectly Infuriated a the memory of their snany wrong! Major Davie now charged the columi formed by Captain Hardy, and In i m (n wtuHnir If lew Iliumrilin, nuHcrucu ivuw>.B < Those of the Tories who could secur their horses, boldly sprang Into th river and escaped, Chptain Hardy be Ing one of the number. Bowen, while ridinK over the fleh in hot pursuit of the fugitives, discov ered no less a personage than Reubei Ferris In the act of disentangling i horse from a neighboring thicket. "Ha! well met.V cried Bowen: "turi and defend yourself, traitor!" "I'm ready for you, Elllck Bowen I have not seen a better sight toda: than your Whig face; blast you, com< on!" said he, springing on his horsi and spurring against his adversary. "Coward and Tory robber! I've i grudge against you which must b< settled before we part. Take that and that, and that," he said, as stroki after stroke of his broad sword fell fla upon Ferris. "You do not deserve thi cut of an honest man's sabre, yoi cursed spy. I'd leave you for the gal' lows if It were safe to leave such i brute at large," and as he spoke Bowei made a thrust with his sabre that wouh have been fatal, had not Ferris adroit' ly eluded it: and seelrg he was n< match for his adversary in horseman' ship, and springing to toe ground, er< Bowen was aware, Ferris clasped hin around the leg and in spite of his efforts, dragged him from his horse The two men fell together, and for j while, it seemed as If Ferris wouk overpower his opponent, from rea brute force. But the superior adroit' ness of Bowen as well as his invlnclbh coolness, at length gave him the ad vantage, and springing to his feet, h< shook his adversary from him as hi .cried, "Curse you, Ferris, for a das tardly villain, you've earned youi doom," and again ralswl his sabre t< strike; but Ferris, w .h surprlsini agility, rolled in rapid t. rns from him and ere Bowen who w? i yet staggering from the shock, co ild stop him sprang to his horse am galloping of with a yell, cried: "My doom is not yet earned, and ] have a score to settle with you tha I'd settle If man or devil stood betweer us;" and springing into the river, hi soon gained the opposite bank. "Luck served me an ill turn tha time," muttered Bowen. "The traitorous spy. He means no good. Qod pre serve Bessie," he mentally ejaculated as his mind involuntarily turned to ward her. The battle was now ended, and or ders were given to remove the spoil: of the vanquished. It was necessar: to conduct their movements with th< greatest celerity, as it was feared th< enemy might be reinforced by detach ments on the other side of the rlvev The killed were hastily buried. th< wounded cared for, and the prison ers, glad to escape by oromises. wer< put on parole and turned loose afte: being deprived of th?ir arms. Thi abundant store of the enemy served t< refresh the wearied soldiers, and wltl plentiful supplies, they once more tool up their line of march It was late In the day when the; halted In the neighborhood of King*: Mountain, after a long and wear; march. There* they deposited them selves for a bivouac, and with llgh hearts and plentiful supplies, the sol diers rested for the night. In the ob servance of camp duty, Major Davi was very rigid, and after attending t< the discipline of it, he entrusted th command to Captain Eowen. and call Ing for his horse, without mentionlni his destination rode slowly away fror the camp. "You've anticipated me. major, mentally said Bowen with a smile then with a sigh for "little Bessiehe devoted himself to his duties. Major Davie rode leisurely along un til fairly beyond the camp, when put ting spurs to his horse, he did not dra\ rein until at the hospitable gates of th Mansion House. Checking now hi speed, he slowly approached the man slon. The twilight was fast fading In to night, when throwing his reins t an attendant, he sprang from hi I horse. "Is Mr. Wllloughby within?" he ask ori "No. massa," grinned the negro, "bu Miss Ellen Is. She be mighty glad t see you; she so proud you beat Cap tain Hardy this morning; you kno\ he trouble Miss Ellen mightily, some times." "Hah! Trouble her; how?" "Ki! don't you know massa? Reck on he tinks she make mighty goo wife." "Curse his impudence," muttere Davie. "Had I known that he woui have traveled in my company thl morning. N.ver mind announcln me," he said to the servant; "I wl find my way." Entering Into a wide hall whos walls were decorated with a few choic paintings, and many a portrait of old en times, the visitor, turning to th right, entered a large and lofty apart ment of an oblong shape, divided b an arch which in winter was draped i crimson hangings, but now looke fresh and cool from the charming ex otics and delicate vines which taste fully clambered on it; and the win dows opening to the floor gave egres to the wide piazza of the souther mansion, and the cool evening breet had now scattered many an autum rose leaf on the soft Turkey carpe The room was furnished with Easter luxuriance, yet a refined taste had pre -"Bjuajso 99(11 Sutqt-iUK UIOJJ II paaai tion. Passing: through this apartment, which seemed familiar to our visitor, he entered another more comfortable and less luxurious. A lady's work-table, with Its appurtenances, stood about the centre of the room; flowers graced the mantel and birds, rocking In their cages, sang from the open windows. At the extremity of the rQom a bow window formed a charming little retreat, and even now, Ellen Campbell, seated on a small sofa with her cheek resting on her hand, looked out In dreary meditation. The lady's reverie was sad and pleasant too, for she would smile and then sigh sadly, T as unconsciously she toyed with her y Italian greyhound, which fawned upon her hand. The trooper contemplated >t the lovely picture for some time In slr lence till the lady crying? ? "Away, Zoe! your mistress Is In no h mood for playing today," a rich, manly 0 voice fell upon her ear, starting many e a slumbering pulse. .. "And of what may the lady Ellen be t thinking, if I may be so bold. Not In t sadness, I trust, for I claim a joyous n welcome: not in despair, for I claim . the tribute of a conqueror." She started as he spoke, and turned e to him a face flooded with joyous crlmson, and Impulsively holding out both her hands she advanced; then as if recollecting herself with the flush dyj Ing from her cheek, she bowed almost coldly as she said? "We bid you welcome as our nation's defender, and congratulate you as victorious in her arms." "And you will not deign the humble trooper a welcome," said Davie reproachfully. ^ "If It please you, yes," she said, more cordially. p "Then give me one of those hands you would have given me just now." She blushed and hesitated, but not knowing how to refuse, she gave it saying, "* "This for the Continental Cone t gress." "My welcome Is not complete without what we soldiers call a pledge; give me the other," and his eagle eye rested In softness upon her. She scarcely knew how to understand the j bold trooper, and less still how to deny him, and placing the other hand In his, she said? "You come as a conqueror and claim what we women reserve us a privilege: with it. accept my congratulations for this day's work." "Ah! the left hand for me," he said. "If It is like mine, it should j have the heart In it." j She blushed deeply, and extricating her hands, turned to announce Mr. Willoughby, who was advancing e through the first apartment. Biting his lips at the Inopportune arrival, f Major Davie, nevertheless, politely s accosted him. "I hear you have had a busy day, r Major," said Mr. Willoughby, while ' seated In the cool piazza after a subf stantial meal, thus enjoying the sum' mer evening breeze. "Busy and profitable," replied Da* vie. "We have got what we most ' needed; a good supply of arms. Sevier will give them a warm welI come. "I cannot see, Major Davie, what 1 avails your continued resistance? * what will it profit you? To my mind, it only brings renewed insult and ' misery to all who favor your cause. The whole lower part of the state Is conquered; Cornwallls holds the * eastern, and Ferguson hovers on the western. What can a handful of men do In such a crisis?" "I trust soon to show you, sir," 3 said Major Davie, proudly. "A f handful of men, it Is true, we are; 0 but what kind of men? Born and 0 bred In the mountains, a stalwart ' race, and sons of toil, they are ' strangers to fear: accustomed from 0 earliest childhood to war against the " Indians, they are inured to hard0 ship and practised to stratagem. I r do not believe the American cause, 0 hopeless as It now appears has rea5 son to be discouraged or despondent. 1 Our armies are defeated it is true; 1 almost annihilated, but the emergency Is only bringing out our purest V resources. Our defeats have been to s us like fire to the gold, purged us y from all alloy. Those who joined " our army in success for purposes of I plunder and rapine, have now left * us; and we are now an indomitable * band of patriots, prepared and wlle ling to meet any emergency. We 0 hvae every quality to make a pere feet army but numbers, and our * prudence and skill must supply the ? place of that." II "I admire your sanguine spirit, sir, but your enthusiasm has blinded you. Where are your leaders? ' Gates hiding his bleached head in hopeless dismay: Sumter flying defeated from the state: Marion hunted * from his swampy fastnesses. What - sadder prospect? And to fight v against an army flushed by victory. e with advantage of numbers, of arms, 8 of ammunition, of supplies. I must " feel your efforts are as hopeless as - your situation is critical." 0 "You do your country and the 8 cause injustice, sir. Our generals are not hopeless nor despairing, only - waiting the moment again to stiike and rouse our countrymen to battle; t but even were It so, we have yet o cool heads and stout hearts who - would feel it a privilege to conduct v our armies to the field. Look at - our Virginia Campbell, the stern patriot. the authoritative disciplinarian, the dignified commander. Look at - our frontier man, Shelby, with his d taciturn deportment and determined courage. Look at Sevier with his d French vivacity, his ardent and Imd pulsive temperament, his energetic s action; Cleveland, so brave and yet g so gentle: and McDowell, command11 ing with the natural ease of one who has been accustomed to fill offices e of trust, inspiring veneration for his e virtues and sympathy for his wrongs. - And your own Williams, brave and ie firm and true, with his Iron will and > unflinching nerve. Such are our y leaders, and as the leaders such are n the men; enthusiasm we have and d strength, enterprise and courage with :- It. The ardor and Impetuosity and !- rashness of youth we have, and we i- need them to project and execute: is but we have also the wisdom of mart turer age to temper and direct them; ;e and with the caution of the father n in our councils, and the Irrepressible t. daring of the son in the field, what n have we to fear? No, sir." said the s- young soldier, rising with his sub)s Ject, "never have- we possessed a more lofty and enlarged patriotism, never a cooler or more determined courage, and the revolutionary struggle, which you conceive to oe in its death throes, is appioaching an acme which will lead on our victorious arms to final conquest." "Ah! my young friend, if right always triumphed; but every age must have Its martyrs. I would not dampen your noble spirit; but where are the funds to carry on this struggle? Gold, you must remember, is the sinew of war, and with an empty treasury, a beggared congress, a dishonored currency, where will you gain means to defray expenses which are unavoidable, and which must be met, if you would continue your efforts?" "Oiip trsaanrv is In the heart of every patriot," replied Davie, proudly. "Gold and Rllver we have not, but our comrades come with subsistence and clothing, and a horse for the battle; and the mother comes with heroic pride, and brings her sons; the wife and sister come, and struggling with tears, in smiling courage, bid farewell to husband and brother. Such are the offerings upon the altar of our country, such is the wealth of our treasury." "With your spirits, I do not wonder that you know no defeat," said Mr. Willoughby, In involuntary surprise at the enthusiastic earnestness of the young trooper. "Defeat, sir! how can we know It? Even the enemy is working for us. To Induce a people who have once tasted the sweets of Independence to return to the condition of subjects, It Is necessary not only to conquer their armies, but their words and affections must be subdued. How is it with our Invaders? Officers, as well as privates, of the royal army, are so intent, the one on amassing fortunes, the other on reimbursing themselves, that no regard is paid to reunion; instead of soothing they delight in injuring and insulting, and they are actually doing more for the Independence of the states than our armies could possibly do. were our enemies guided by maxims of sound policy." "What you say never struck me so forcibly before, though certainly ir former wars, dignity, honor and generosity were invariably annexed to the military character, and British officers were, for the most part, gentlemen eminently possessslng these virtues; yet they are now certainly inferior, not only in education, but also in good breeding." "Because a commission is now purchased in their army by recruiting a given number of men. Consequent ly, those who possess the most low cunning, who have a natural aptitude for wheedling the vulgar, are considered the very characters to subdue rebels, and these men become our conquerors and spoilers. What are we to expect from such oppressors ?" "It certainly does appear that they are guided by a mistaken policy, yet they are successful in conquering. I still see no resort but to make what terms we can, ere our conquerors, aggravated by continued opposition, crush us altogether." "And that will never be." cried Davie, Indignantly, "while a son of Carolina breathes. Do you suppose, sir, our high spirited citizens will brook these oppressions and insults? Do you suppose a Carolinian would ever submit to the odious tyranny? I No! sir. The more we are crushed the more ardent becomes our desire to rid ourselves of our insulting tyrants, and the more hopeless our cause appears, the more do we struggle for success." "I cannot but sympathize with you. Major Davie, and most cordially do I wish you success; but I can do no more. There are ties which I dare not sunder, associations connected with my very life, that would burst my heart strings to sever, yet your enthusiasm and my Ellen's pleadings, have almost overcome my reluctance to assist you. And if your sanguine hopes should be realized, and you enabled to give a check to your conquerors, then will I feel as If assistance would benefit the cause and will be willing to contribute my mite. Still It must be done privately, In order to save what Is so dear to me. Why. sir, the lopping of a shrub affects me; what would It be to be compelled to see all that is so dear, desecrated and despoiled by rude and profane hands?" "There spoke my good uncle," said Ellen, who had been an anxious and enthusiastic listener to the foregoing conversation; "and I will promise you as a reward for this kindness, never to grumble at Prince Hubert's long arms again. Prince Hubert," said she. In answer to Major Davie's look of Inquiry. "Is that noble oak you see standing so near the house. Its royal name was given in commemoration of a feat of my Uncle Hubert's here, who, when quite a child, climbed up to its topmost boughs, and falling asleep in its branches, was rocked so softly In Its leafy cradle, as to be totally unconscious of the alarm that his disappearance created. He was at length discovered by his cap falling from the branches. You may judge the relief this discovery occasioned, as well as the consternation attending his critical situation. Dreading to awaken him. and dreading still more his fall from the giddy height, they were at a loss to know how to release him from his perilous situation, when he allayed all fears by awakening, and quietly descending, was struck with indignant surprise at their anxiety. It has since been called "Prince Hubert's tree." In memory of the exploit. Its branches sometimes making a sad requiem in winter nights against the windows of my room, I have occasionally petitioned for the privilege of lopping them; but uncle Hubert rejects the idea as a desecration of its royal charter, which it received in the moment of rejoicing over the lost found, that no branch should ever be removed from Its body. But the night is advancing, and Major Davie anticipates an early start In the morning," said Ellen, rising. "And I have no doubt will enjoy an early rest, after this day's labors," said Mr. Wllloughby. "Ring for lights, Ellen, and we will retire." "I cannot now thank you, sir," said Davie, "for your promised aid. Indeed, my soldier tongue Is but little used to words of compliment; but mj sword at times discourses sharp eloquence that I trust will ere long react your ears in news of such moment af to gratify and encourage all who wist us and our country well." "I trust so. Indeed; I trust so," repiled Mr. Willoughby, shaking his head sadly. "But do you not fear news ol your contemplated gathering reaches Ferguson? He could soon scatter youi little forces." "We have taken what precautions we could, but being obliged to recruit It Is Impossible to carry It on with entire secrecy: but fortunately for us. hs is either so flushed with success as t< be Intoxicated, or Is wonderfully obtifse or careless of danger." '"Will not your check of today alarm the enemy at the Waxhaws? Is It not nossihle to Arouse them to a sense ol immediate danger?" "Scarcely, with me," replied the major, laughing. "They are so used tc hive me hanging like a wasp around ^Aem, that ten to one, they will Took for me on the Pedee tomorrow. They hive learnt it is useless to follow me up. Oh! no, I have no Idea I will alarm them, and I will be off in the morning before they get their eyes open." "If your prudence Is a match for your courage, and your coolness for your patriotism, I no longer wonder at your success; but here Is Jerry with your light. You will wait for an early breakfast in the morning" said Mr. Willoughby, courteously. .' "Thank you sir. but I must breakfast in camp. I will be off by three In the morning. I would not wish you disturbed. Indeed I feel more privileged to come when I can take soldier's hours without interfering with family arrangements." "Well, as you please. I wish you all success. Oood night." "Good night," said the trooper. "I will speak to Miss Ellen before I go." He entered the parlor where Ellen was standing near a table, arranging the lights. "I shall not see you In the morning, Miss Ellen, but I want your wishes for success before I leave; and I wish also to tell you how much I thank you for your activity In our cause. I have been so long used to the rough times of a camp, that I forget how to modulate my speech to the gentle accents fit for a lady's ear; yet perhaps I feel your kindness more than those who have more cunning In protestation. Will you accept a soldier's gratitude?" She could not meet the earnest glance of those dark eyes; and the words, simple as they were, were burdened with a tone of tenderness that thrilled her Inmost soul. Her very excitement made her answer more coldly than she was aware. "The little I have done Is deserving of no thanks; and little as It was, was uone lur mj uuunir/, He did not answer, but stood In silence. At length, feeling the continual silence oppressive, she raised her eyes to bid him gojd night. The mingled expression she could not read, but she understood quite enough to see he was deeply wounded. "I understand, Miss Ellen," he said, bitterly; "and while I thank you for your patriotism. I could curse myself for my infatuation;" and bowing low, he left Mfr. TO BR OONTINt'Rn THE COLD OF 1816. Queer Weather That Came In "the Year Without a Summer." The year of 1816 has been called "the year without a summer." The Boston Congregatlonallst of some years ago gave the following account of it: January and February were mild, March was cold, April began warm, but ended in snow and ice. Ice formed an Inch thick in May, and fields were planted over and over again till It was too late to replant. June was the coldest ever known in this latitude. Frost and Ice were common. Almost every green thing was killed. Fruit nearly all was destroyed. Snow fell to the depth of ten Inches In Vermont, seven In Maine, three In the interior of New York and also in Massachusetts. There were a few warm days. It was called a dry season. But little rain fell. The wind blew steadily from the north, cold and fierce. Mothers knit extra socks and mittens for their children in the spring, and wood piles, that usually disappeared during the warm spell in front of the house, were speedily built up again. Planting and shivering were done together, and the farmers who worked out ther taxes on the county roads wore overcoats and mittens. On the 17th of June a heavy snow fell in New England. The cold was Intense. A farmer who had a large field of corn In Tewksbury built fires around It at night to ward off the frost. Many an evening he and his neighbors took turns in watching them. He was rewarded with the only crop of corn in the neighborhood. Considerable damage was done in New Orleans in consequence of the rapid rise of the Mississippi river. Fears were entertained that the sun was cooling off, and throughout New England all picnics were strictly prohibited. July was accompanied with frost and ice. Indian corn was nearly all destroyed. Some favorably situated fields escaped. August was more cheerless If possible than the summer months which preceded it. Ice was formed half an inch in thickness. Indian corn was so frozen that the greater part was cut down and dried for fodder. Almost every green thing was destroyed in this country and in Europe. On the 30th snow fell at Barnet, forty miles from London. Very little corn ripened in New England and the middle states. Farmers supplied themselves from corn produced in 1815 for seed in the spring of 1817. It sold at from $4 to |5 per bushel. September furnished about twc weeks of the pleasantest weather ol the season, but in the latter part ol the month Ice formed an Inch thick October had more than its share ol cold weather. November was cold and snowy. December was comfortable and the winter following was mild Very little vegetation was matured ir the eastern and middle states. Th< sun's rays seemed to be destitute ol heat during the summer. All naturt was clad in a sable hue, and men exhibited no little anxiety concernlnt the future of life. tir Defeat is often a good thing, as i< i shows a man how little he amounts to TILLMAN VS. CRI1KR. , ? > Another Installment of Dispensary Controversy. i ' RR.IOINDER OF THE SENATOR. i _ The Misquotation of Pops?The 8ui proms Court Decisions Reviewed? The Profit Feature?Alleged Misrepresentation? Senator Denis* the % ( Election of Gary. The following open letter from Senator Tillman was published In the , daily papers last Saturday: t Hon. Geo. B. Cromer: f DeAr Sir: I was absent from the state a few days after the Anderson meeting, and since my return home > Sunday I have been quite unwell, I hence delay In answering your "re: joinder," which appeared in the ' newspapers of the 18th. > I have read what you say careI fully, and with all due respect It ( seems to me you are begging the i question. I quoted Pope's couplet from memory and It Is lucky that I misquoted It, else you would have had little to reply to, but I cannot agree with you that I" missed" either i the "sense or the spirit." I charged existing conditions In dispensary matters to mal-admlnistratlon and to legislation In changing the law and depended upon the last line of the quotation to sustain i my contention: "That law which Is best administered is best." Of course your quotation must be verbatim and It Is even stronger In sustaining my argument than my own recollection of the words, for If "whatever form of government," an autocracy, limited monarchy or a i republic, is better than any other i when it is "best administered" it seems to me that you must be wrong In claiming "If there Is Inherent vice In the law Itself, efficient administration of the law cannot cure It." We are not discussing that phase at all. You class the dispensary system as Inherently vicious, as contra distinguished with the licensed sale of liquor,'and the prohibition of its sale at all. According to Pope, as you quote him, "whatever" form the law might take as among these three would be best If It is "administered best." That Is all I have ever contended. I believe the dispensary system can be better administered than can prohibition, and I am opposed to any form of license, high or low, because It has the "Inherent vice" of money making by the individual, and this to my mind Is the most deadly poison arising out of the whisky traffic. I hardly think you will deny that the dispensary law fearlessly and honestly administered as It was . originally framed would be better than prohibition not enforced. However. It was not this part of , your rejoinder which gave me any concern, because it almost answered Itself and I only mention it Incidentally as I am answering you. The point which I wish to press on your attention and that of those who may be interested In our discussion of this question is the "lame and impotent" conclusion at which you arrive In your discussion of the dispensary from a legal standpoint. You are a lawyer and an able one. while I am only a layman, but your reading must have been limited or your reasoning powers at fault to rest your case as you appear to do on the claim that the prohibitionists are sustained .throughout In their views by the decisions of the supreme court. You quote the decision In the case of the State vs. Aiken. 42nd S. C., p. 231. "That liquor In Its nature Is dangerous to the morals, good order, health and safety of the people, etc.." and then you say "Note then the language In which you define the attitude of the prohibitionists Is exactly the language In which the supreme court defines the attitude of the law on the subject. That decision fixes the point of view from which the state Is bound to regard the question; and from that point of view the state may take control of the traffic to police It but not to profit by It." You give your own interpretation to the language used by the court, but to me It is altogether without any warrant, except as your individual opinion and In direct opposition to the entire line of thought and reasoning of the judge who wrote the opinion In the State vs. Aiken. I quote from the same decision, page 239: "The act shows that the legislature had In view the protection of the morals, good health and satety of the state In dealing with the question. Many safeguards are thrown around the sale of liquor. The commissioner Is to be an abstainer from Intoxicants. The liquor Is to be tested by the chemist and declared to be pure. The liquor is to be sold only by the package, which cannot be opened nor drunk wnere soia. me sales can only be made In day time. Persons cannot be appointed on the 1 county board of control who are ad' dieted to the use of intoxicating liquors. No person can be appointed i a county dispenser who has ever been ' adjudged guilty of violating the law relating to Intoxicating liquors, nor 1 who Is keeper of a restaurant or a ' place of public amusement, nor who Is addicted to the use of Intoxicating ' liquors as a beverage. 1 "The county dispenser shall execute a bond In the sum of $3,000. upon which suit for damages may 1 be brought for a violation of the " provisions of the act. by wife, child, > parent, guardian, employer or other f person. A majority of the votes In f a township may prevent the estab llshment of a dispensary. The county f dispenser shall take an oath therein I prescribed. A printed or written re> quest must be presented for permls slon to purchase. The sale shall not > be made to a minor, a person intoxicated. a person in the habit of drinkf ing to excess nor to a person unless s known to the dispenser. It prevents the establishment of club rooms, f where liquors are used. One of the beneficial results of the law Is brought about by selling only for t cash." In the face of this language how can you declare that "the state may take control of the traffic to police it, but not to profit by It?" On pace 240 we find this: "The Judiciary," said Mr. Justice McOowan in the case of Town Council vs. Pressley. 33rd S. C.. page 56, "cannot run a race of opinions upon points of right, reason and expediency with the law making power." Then Mr. Justice Gary added: "The 'state has a right through its own officers? In fact, it is its primary duty?to enforce Its police regulations, which right inheres in government itself and is paramount to any right inherent In citizenship. But referring to the foregoing objection as matter of fact, it would not be as efficiently enforced by private individuals, because there would be the constant temptation to make as large profit as possible." But referring to the foregoing objection (that the same results could be accomplished by allowing private Individuals to carry on the traffic) as a matter of fact it would not be as efficiently enforced by private Individuals "because there would be the constant temptation to make as large profits as possible." Further on Justice Gary adds: "The dispensary act is itself an outgrowth of a dissatisfaction on the part of the people with the manner in which the police power when delegated, was abused" (by permitting those who obtained the licenses to make as much money as possible.) Again I desire to direct your attention to the decision of the supreme court of the United States in the case of Vance vs. W. A. Vandercook Co., 170 IT. S.. p. 447, in which the constitutionality of the dispensary law was u, held by our court of last resort: "It Is argued as the state law here in question does not forbid but on the contrary authorizes the sale of intoxicants within the state, hence it is not a police law, therefore not enacted in the exercise of the police power of the state and consequently does not operate upon the sale of original packages within the state. But the premise upon which these arguments rest is purely arbitrary and Imaginary. From the fact that the state law permits the sale of liquor subject to particular restrictions and only upon enumerated conditions it does not follow that the law Is not a manifestation of the police power of the state. The plain purpose of the act of congress having been to allow state regulations to operate upon the sale of original packages of Intoxicants coming from other states, it would destroy its obvious meaning to construe it as permitting the state laws to attach to and control the sale only in case the state absolutely forbade sales of liquor and not to apply in case the state determined to restrict or regulate the same." How then, my dear sir, can you seriously contend that "the state may take control of the traffic to police It but. not to proilt by it" Our own court In the strongest language maintains the contrary: the supreme oourt of the United States with the law before It sustained It, notwithstanding this feature, yet merely because you feel that the profit feature Is an Inherent vice of the dispensary law which destroys its usefulness and its legality. I must ask how can you seriously argue such a point, and how can you lend your great Influence and intellect to mislead those who are ignorant? Tou brush aside as wholly unworthy of consideration the statistics which I advanced to show that prohibition does not prohibit, and that drunkenness Is not as great in Charleston with all its blind tigers as it is In prohibition cities of like size. Tou dismiss these with a wave of the hand, because they- may make the people dizzy and then assert most positively that the supreme court said, "Stifle this vampire that threatens th? health and life of the community." While it is an indisputable proposition that the supreme court has never said anything of the kind and only used the language which you quoted as the Justification of the legislature for enacting the dispensary law, to better control and mlmimlze the evils Inseparable from liquor. If was merely a strongly worded declaration that the law was an exercise of the police power. Suppose the dispensary law was so administered that it eliminated the profit feature entirely. Is It not evident that a dollar would buy a great deal more liquor than It does now and It would therefore encourage consumption and therefore drunkenness? It seems to me that you have reached the conclusion In your own mind that the dispensary law mast be "damned If It does and the damned if it don't," and your attitude toward it Is made perfectly clear when you say, "I do not admit that the dispensary scheme has reduced drunkenness, encouraged temperance and decency and Increased good order." This In view of the facts that have been time and again printed. In view of the opinion of wellnigh every close observer in and outside of the state, that the dispensary Is a long ways ahead of the license system as a temperance measure solely. Is the most remarkable utter arce I have ever heard fall from the lips of a man who stands so high, and deservedly, In the estimation of every good man and woman In the state. If you are content to stand by that utterance I certainly am willing to leave you occupying that attitude. One word more and I am through. In the Columbia State of Aug. 22, I find quoted from the Charlotte Observer the following: "The dispensary discussion in South Carolina, complex even at Its simplest, is much befuddled Just now by the fact that two Popes seem to have played prominent parts In dispensary affairs. One is the Honorable Y. J. Pope, at present the chief justice of the state, who once handed down a dissenting opinion as to the constitutionality of the dispensary law. He was all alone until the legislature upon the orders of Gov. Ben Tillman put Mr. Justice McGowan off the supreme bench because he did not favor the dispensary law and put on Mr. Justice E. B. Gary because he did favor It. Then the dispensary law was declared constitutional. Pope and Gary concurring. Mclver dissenting." This lie was first sent broadcast over this state by those leading newspapers which are now clamoring for the destruction of the dispensary and which are the main reliance of the prohibitionists, although they boldly declare that they j do not believe in it any more than I / do. This outrageous falsehood thus revamped and copied from a North Carolina paper is again set in circulation and I deem it nothing but my duty, and it is certainly a pleasure, to do Justice to Mr. Justice Oary. while the very records of the facts will show the falsity and venom of the infamous story. The dispensary law w&s declared unconstitutional in April, 1894, by Justices Mclver and McOowan. Justice Pope dissenting. The opinion was wholly unexpected to the people of the state and to the best lawyers in it I know because I had talked with many of them on the subject Judge lfcGowan retired from the bench the July following and Justice Gary took his place. Mr. McGowan had not as I recollect offered for re-election the preceding December and when Judge Gary was elected no one dreamed that the issue would be presented in that light While it was fashionable in those days to say Gov. Ben Tillman "gave orders to the general assembly." I here declare on my personal honor that I had nothing whatever to do with that election, and that Justice Gary's opinion as to the constitutionality of the dispensary law was well understood by all who conferred with him, and that he was as little expectant at the decree which was promulgated In April following as any other man In 8outh Carolina. It may be that the re-openlng of these old wounds and the continued attacks that are being made on me may revive factionalism in South Carolina and I call all fair minded men to bear witness that this agitation about the dispensary and abuse of all who have had anything to do with It from beginning to end Is not being pressed by me or my friends, that it Is the other , side that Is urging the fight, and I again repeat that If there shall again be a revival of bitterness In the coming campaign the blame can not Justly be laid e.t my door. I have never been meek, of disposed to "turn the other cheek" when I have been smitten and while I deprecate this style of warfare, I am prepare to meet onslaughts of this or any other kind, let them come from whence they may. b. r Tillman. Trenton, 8. C.. Aug. 23rd. EXPEN8IVE WHIMS. 8oms That Cost Fortunes Bits of luek That Brought Millions. "The sultan presents his compliments to the engineer In charge and wishes him to open the bridge In course of erection In Constantinople In order to let a ship from the dockyard pass through at once." When this message was delivered Into the hands of the contractor responsible for tee construction of the bridge he was thunderstruck, says London Answers. He had been working on the bridge day and night, and when the orders for Its opening came from the sultan it was not half finished. He approached the minister of marine and finance and said it was impossible to obey his majesty's command, as he would have to pull everything down, and It would take months to replace the scaffolding and pile driving machines "It cannot be helped," replied the minister. "If the sultan says the bridge must be opened It must be done, or we shall lose our places, if not our heads." So the bridge was opened, and the ship came out of the dockyard at a cost of over $500,000. It afterward transpired that the sultan had found ? his Infant son crying bitterly In the harem because he could not see the flag hoisted on his particular ship from the nursery windows. To humor the child's caprice the sultan ordered the bridge to be opened at once and a large Ironclad to be brought out of the dockyard and mc-ored in front of Dolmabagtcheh. This no doubt pleased the boy, but It caused enormous inconvenience to the people of Constantinople, to say nothing of the waste of money which had indirectly come out of their pockets. The state of Massachusetts lost : $3,000,000 because a man living in v Boston left his window open over night He was a silk grower, and In the hope of producing a new brand of silk he experimented with some gypsy moths that had been sent to him from France. He left the moths under a glass shade by an open window one night and next morning they had all disappeared. The shade had been overturned and the draft blew the moths into the street. Eighteen months later Massachusetts was swarmln* with gypsy moths and they ate the leaves off every tree and bush for miles around. The damage done in two years by the insect totaled $3,000,000, and the state luthorlties spent another $760,000 rv'ne to exterminate the pests. One of the worst famines ever known in lower Egypt was caused by a couple of John Bull's gunboats. The vessels went up into the marshes beyond Khartum, to capture slave traders. The slavers, who had made up their minds not to be caught easily, made a bold bid for freedom by cutting channels through the mass of vegetation which lined the main stream of the Nile. The majority of them escaped In this wav, but the channels they cut in their anxiety to get away brought ruin and famine to lower Egypt. The current carried the masses of loose vegetation down the river, and so completely blocked it that the Nile flood failed. United States Senator George L. Turner of Washington, lost his fortune and poverty stared him In the face. Turner was a lawyer, and one day a party of miners, well known to him, who had struck a lode up in British America, near Victoria, came into his office and asked him to make out some papers for them. "We can't pay you cash for your services, Mr. Turner," said one of the th^lr Knalnaaa halt h??n pal l/, <7.11*71 ilivil ?/UO?MVBW WW*. transacted, "but we will give you some stock and call It square." At first Turner refused to take the stock, as his clients were old friends of his and he preferred to do the work for nothing, but on being pressed he took the certificates and tucked them away In his safe. Two years later Senator Turner was a millionaire through these mining shares, and the mine that brought him the money and made the fortune of his friends Is the famous Le Rol, one of the richest in the west. Two tourists camped on the ridge of a mountain lake near Como, a mining town in Colorado. While in want of something to pass the time one suggested that the other should dive into the lake and try to discover the bottom. His friend stripped and dived in. He came up half a minute later, saying that he had found the bottom with his head. After he put on his clothes he began to rub his head with his handkerchief. "Look at the sand," he said laughing. But his friend, who had been a gold miner, sprang up with a cry of surprise. "George," he shouted, "It's gold!" And gold It was. The man who had dived into the lake had struck a placer gold mine of the richest kind. Today the little lake near Como is the finest placer mine in the whole west, and perhaps the most remarkably discovered one on record. 4 X