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An Independent Family Journal?-Devoted to Politics, Literature and General Intelligence. VOL. 3. - - 3Y H 0 YT & :W ALTEES. TERMS: ' " w ioLLASS AUD A HALF pee AOTTTTM, ; '" --?>. ? " IN EXITED STATES C?KBENCT. ? s ' .-~~? .:. - s RATES OF .ADVERTISING. Advertisements inserted a t the rates of One Dol? lar per square of twelve lines'for the first insert ion and Fifty " Cents for each subsequent insert ion. Liberal deductions made to those who advertise by the year. For announcing a candidate, Five .Dollars in advance. Letter from Governor Orr to the ;V President. ~Zf Executive Department, \ . - ; Columbia, S. C., Sept. 00 1867. j ? ." fo. Eis Excellency Andrew Johnson, ' President of the' Un itcd States : Sir :?I have the honor to forward for - yonr consideration General Orders, No. 89, issued by Gen. E. E. S. Can by from ? the headquarters of the-Second Military .tlistrict, dated the 13th inst., and comrau - fiicattd t? me on the 20th inst. It will be perceived that by this general order "all citizens assessed for taxes, and . who yball have paid taxes lor the current year, and who are qualified und have been or may be registered as voters are quali ^ijSed to serve as jurors ?? and that "it shall . be a sufficient ground of challenge to the , competency of any person drawn.as juror ". -.-that he has not been duI3- registered as a -voter. Such right of challege may be ex ? ercis?d in behalf of--the people of the ac? cused, in all Criminal proceedings, and by ..' either party,, in all civil actions and pro > ceedings." You will, observe that this order con - stitul es as competent jurors all persons . - who have paid taxes and registered, and fexeiudes. alf persons who have been ad .Judged to be disfranchised .under the Mili ? ' taiy; Reconstruction Aei8. These Acts "".have not been*construed according to the usual legal principle of enlarging the privileges or "franchises of the citizen\j but : on. the ?.?contrary, with a strictness which has excluded Irom registration many whose disfranchisement was doubtful, and 'offiVjr.s, such as clerks, sheriffs, tax. col lec? tors-nnd assessors, registers in equity, magistrates-and constables, .there have > been excluded militia officers, commis ; Monere? of! roads, commissipners of public -bufidingSj commissioners of free schools, commissioners of ? I he poor, and commis? sioners to prove ihosecuritieson the bonds of public officers. These various boards Wre appointed by resolution of the Legis-' '? f Li tuny except?.the .Commissioners of the /?'.Poor,, who are elected by the people.? ^IVJiLij"'appointed or elected they are re? quired -to serve two years, or pay a fine of -'-They take no oath to perform their '*..* duties, and receive no compensation for .their ;services. These classes, together with 'magistrates, constables, district c?f3 " cers, Judges and members of the Lcgisla - t nre,"cohstilnte a very large number of the .citizens of the Stute wno have been excluded. frp:*> rc^is-urition ? and tbo Tact ."? "that thev have filled these various offices and positions is evidence of. their general ? intelligence. . If carried, into execution, this general order will more completely unsettle the laws r&ialing to persons and property than UR the ot' cr orders that have yet been ?- .issued by t'r.o military authorities in this district. The Legislature of-the ?State, at its session ft) Deeetn her, 1S?U, imposed a tax of ?1 pet* head upon all male persons betw.eeu the ages of twenty-one aud fifty, residing in this'Stale 0:1 the 1st day ol February, 1SG7, except those incapable of earning a support from being maimed or aay other cause. All colored males are : thus liable to pay taxes; ahu yet many of - . them have failed to do so. W hat have been the relative proportion of whites and blacks who have failed to pay in the re . spective districts I have not now the ' . means of stating; but the proportion of colered persons is much greater than of wbitcs. To show the ruinous results, however, tTrat will follow from this order, if it is allowed to be executed, I bog leave to call your attention to tho matter of registra? tion in this State. There are white majorities in but six districts. In two districts the numbers are about equal. In each of the remain? ing twenty-ihree districts of the State? there being ^altogether thirty-one?the registration shows a colored majority. In Charleston the colored majority is 1,812, - the:registered whites beiRg'3,28b\ and the blacks 5,098. Of the whites 118 were nnable to sign their names; of the colored, 2866. In Charleston and C'lumbia a larger number of the latter class of per? sons can read and . write, than in any other portion of the State, a very much I larger number, because they have had fa . cit.ities before and since emancipation of obtaining somo education not enjoyed by their class in all tho rural region of the State, to which I shall advert more par? ticularly hereafter. In organizing a jury in Charleston, therefore, assu ming that all have paid their taxes, this portion would givt! nearly eight colored jurors to four Whites, and five of these eight would not be able to sign their names. In Beaufort, Georgetown, Colleton, Berkely and other districts, the showing is., even worse.? Partial returns from Beaufort indicate that there are' 2,5'50 eolored, and but sixty five white votes registered. This pro - portion would furnish but one white man to every fourth jury. Of the colored voters registered in the rural districts I estimate that not more than five per cent, of the whole number are able to read and writc,and very many of them have not intelligence enough to count one hundred. In Georgetown District there are 418 whites:and 3,413 colored voters registered. One wik?e nian' might perchance be drawn upon each-jury, and in all probability not one of the'remaining^ eleven colored men would be able to read and write. To sum/up,'there will beln twenty-three Districts of this State a majority of col? ored jurors for tho trial of all classes of J cases, civil and criminal, and* only five per cent of their number witt'be" able to-] read or.writo. Does any country which has established the right of trial by jury, fail, by its legislation, to secure a proper degree of intelligence among the jurors? These rules, if applied to the State Courts, will, I presume, be likewise applied lo the Federal Court; and the proportion upon such Federal juries will be?in Charles? ton, eight colored to four whites; in Col? umbia, nine colored to three whites, and in Greenville, eight white to four colored jurors. These are the three points where the United States Court, sits in South Carolina. . Can these colored people discharge the duties of jurors either to the United States or to the State, to the litigants or to pub? lic justice? "With such instruments, will not the effort to administer justice be a mockery ? Now, if the order had pro? vided that no person shall be allowed to sit upon a jury who is unable to read or write, or if a property qualification had been annexed, or if in ease; civil or crim? inal, in'which colored persons may be in? terested, a ccrlain proportion of the jury should consist of their own color, it might not have been objected to seriously; but in its present bearing, the order is calcu? lated to excite the gravest apprehensions, and lo lead to results which must be uni? versally deplored by those who desire to see even and exact justice meted out to all men. Nearly all the litigation, cer? tainly all of the important litigation, on the civil side of the court ?s between white .citizens, and involves intricate issues of law and fact, as well as sums great and small. What protection can the white or even-the colored man himself have, if his case is to be decided by a jury made up of perffrns possessing so little intelligence that they arc unable to read, write, or cipher? With what satisfaction would a Northern claimant regard an adverse de? cision made by a jury, a majority of whom were colored, when the same case meas? ured by intelligence and submitted to the jodgment of men of experience and edu? cation, would perhaps have been decided in his favor? Suppose that he is a "patentee whose rights have been infringed, and whoso interests?involved to tho amount of half a million of dollars?arc dependent upon the keen discrimination of an intelligent jury called upon to de? termine some material di.Terence between .machinery or pi occsscs of manufacture ; is it hot-preposterous to suppose that a col? ored juiy, constituted as 1 have described, possess the requisite, qualifications to rend'eVa just and intelligent verdict ? Yet this.4? but one of the many classes of cases," which the Northern as well as the Southern man will be compelled to sub? mit to-.lhc judgment of the ignorant and unwise "jurors created by Order No. S9. Under the present jury organization in So?lhrC:"irolm;i, 1 have reason to believe that since colored persons have been ad? mitted to give evidence in all courts, any injustice has been done to the colored people by white jurois. On tho contrary, I think it will be established by the con? current testimony of the various prosecu? ting officers in the State, that in criminal proceedings juries have dealt more merci? fully with the colored than with the white persons tried before them. Again the ex? clusion of the intelligent classes referred to. is based solely upon their political an? tecedents. But where is the propriety of making the polities of a citizen, especially the politics which ruled his action years ago. the standard of his eligibility to per? form jury duty ? Jt is very rare indeed that a ease, civil or criminal, is presented for the decision of a jury involving any political issue whatever; and I am not aware that anywhere else, it is attempted to exclude intelligence from the jury box, because of any real or supposed obnoxious political sentiments entertained by the parties whose duty it is thus to serve. The five fall circuits of the Superior Couct of this State, which is charged with the trial of all civil cases involving amounts above S1?0, and of all criminal charges of felony and some misdemeanors, commence their terms on the first Mon? day in October. The letter of General Can by enclosing the order above referred to, requires that it shall go into effect im? mediately; that the jurors who were drawn and already summoned at the spring term of the Court in conformity to State laws shall not assemble, but that newjury lists shall be prepared in accor? dance with the order. In most of the Districts tho term is limited to ono week, and the drawing and summoning of jurors under the order will comsume much of tho time. This is one of the practical difficulties in the way of the cxeculiou of the order. In view of all these circumstances, therefore, I beg leave most earnestly to protest against its execution, and to ask that it may be ordered to be entirely re? voked, or at least suspended until after the close of the fall terms of this State.? Your early attention to this matter is re? spectfully invoked, inasmuch as I desire to communicate tho result of this applica? tion to tho judg.s prior to the commence? ment of their respective terms. I have the honor to be, your Excellency's one dient servant, JAMES L. ORR, Governor of South Carolina. - - ? A negro before tho police court at Louisville, on charge of stealing, rather took down the concern b}' remarking, as he was marched to jail, that "if dey didn't let tf-nigger steal a little in dis country I'se-gwiire back to Tennessee, w here, Mr. Brownlow'll sec a nigger get his rights sure." -_ .jr?Nothing like love and hunger to drive a man mad or happy. Next to a feast upon n seventeen year old pair of j lips, under tho grape-vines, by moon-light \ isla foray upon a platter of cold beans af- i ter fishing-all da}'for suckers. The one i fills th? poetic heart, and the other an empty stomach. ' Convention or No Convention. II'dqrs Second Military District, ) Charleston, S. C. Oct. 16: 1867. j General Orders No. 98. By the terms of the Act of Congress entitled "An Act to provide for the more efficient government of the rebel Stales," passed March 2, 1867, and of the Acts of March 23d. and July 19th, 1867, supple? ment?r}' thereto, it is made the duty ol the Commanding General of this Military District to cause a registration lo be made of the male inhabitants of the State of South Carolina, of the age of twenty-one years and upwards, and qualified by the terms of said Acts to vote, and after such registration is complete, to order an elec? tion to be held at which the registered voters of said State shall vole for or against a Convention, for the purpose of establishing a Constitution and civil gov? ernment for the said State, loyal to the Union, and for delegates to said Conven? tion?and to give at least thirty days' notice of the time and place at which said election shall be held; and the said regis? tration having been completed in the State of South Carolina, it is ordered : First. That an election be held in the State of South Carolina, commencing on Tuesday, the 19th day of November, 1S67, and ending on Wednesday, the 2(Jth day of November, 1 SOT, at which a1! reg? istered voters of said Slate may vole:Tor a Convention," or -'Against a Conven? tion," and for delegates to constitute the Convention?in case a majority of the votes given on that question shnM be for a Convention, and in case a majority of the registered voters shall have voted on the question of holding such Convention. Seeo.id. It-..hall he the duty of the Boards of Regis! ration in South Carolina, commencing fourteen days prior to the election herein ordered, and giving- rea? sonable public notice of the time and place thereof, to revise, tor. a period of five days, the registration lists, and upon being satisfied that any person not en? titled thcrcio has registered, to sfrke the name of such person from the list; and stich person shall not be entitled io vole. The Boards of Registration shall also, during the same period, add to such reg? isters the names of all persons who, at that lime, possess the qualifications re? quired by said acts, who have not already been registered. Third. In deciding who are to be stricken from or added to the registra? tion lists, the Boards will be guided by the law ol March 2d. 1867. and ihe laws supplementary thereto) and their atten? tion is specially." directed lo the Supple? mentary Act of July 19tli, 1867. Fourth. The said election will be held in each District, at such places as may j hereafter be designated, under the super? intendence of the Boards of Registration, as provided by law, and in accordance with instruction hereafter to he given to said Boards, in conformity with the Acts of Congress, and as far as may be with the laws of South Carolina. Fifth. All judges and clerks employed in conducting said election, shall, before commencing to hold the same, be sworn to the faithful performance of their duties, and shall also take and subscribe the bath of office prescribed by law for officers of the United States. Sixth. The polls shall be opened at such voting places at S o'clock in ihe forenoon, and closed sit 4 o'clock in the afternoon of each day, and shall be kept open during these hours without intermission or ad? journment. Seventh. No member of the Board of Registration, who is a candidate lor elec? tion as a delegate lo the Convention, shall serve as a judge of the election in any District which he seeks to represent. Eighth. The sheriff and other peace of? ficers of* each District are required to be present during the whole lime that the polls are kept open, and until the election is completed; and will be made responsi? ble that there shall be no interference with judges of elections, or other inter? ruption of good order. If there should bo more than one polling place in any District, the sheriff of the District is em? powered anil directed to make such as? signments of his deputies, and other peace officers, to the other polling places, cs may, in his judgment, best subserve the purposes of quiet and order; and he is further required to report these arrange? ments in advance lo the Commander of the Military Post in which his District is situated. Ninth. Violence, or threats of violence, or of discharge from employment, or other oppressive means to prevent any person from registering, or exercising his right of voting,, is positively prohibited, and any such attempts will be reported by the registrars or judges of elecJ ?ns to the post commander, and will cause the a ? rest and trial of the offenders by military authority. Tenth. All bar rooms, saloons and other places for the snic of liquors by retail will be closed from 6 o'clock of the evening of the 18th of November until 6 o'clock of the morning of the 21st of November, 1867, and during this lime the sale of all intoxicating liquors at or near any polling place is prohibited. The police officers of cities and towns, and the sheriffs and other peace- officers of Districts, will be held responsible for tho strict enforcement of this prohibition, and will promptly ur. rest and hold for trial all persons who may transgress it. Eleventh. Military interference ' with elections, "unless it shall bo necessary to I repel the a-rmcd enemies of the Uniied j States, or to keep the peace at the poll's," is prohibited by the Act of Congress, ap 1 proved February 25, 1865, and no soldiers will be allowed to appenir at. any polling place', unless, as citizens of tho Stato, they . .are qualified and registered as voters, and j thon only lor the purpose of voting; but the commanders of posts will keep their troops well in hand on the days of elec? tion, and will bo prepared to act promptly, if the civil authorities arc unable lo pre? serve the peace. Twelfth. The returns required by law to be made to the commander of the Dis? trict of the results of this election will be rendered by tho Boards of Registration of the several registration precincts, through the commanders of the military posts in which their precincts are situated and in accordance with the detailed in? structions hereafter to be given. Thirteenth. The number of delegates to the Convention is determined b}r law, and is the number of members of the most numerous branch of the Legislature for the 3-car eighteen hundred and sixty, and this number, one hundred and twenty-four apportioned to the representative Districts of the State in the ratio of registered vo? ters as follows: District of"Charleston. 0 delegates; Berkeley, 9<j Colleton, 5; Beaufort, 7; Georgetown, 3; Horry, 2; Williamsburg, 3 ; Marion, 4; Darlington, 4; Marlboro, 2; Chesterfield, 2; So inter, 4; Clarendon, 2; Barnwell, G; Edgefiold. 7; Orangeburg, 5; Ivershaw, 3; Rich land, 4; Lexington, 2; New berry, 3; Laurons, 4; Abbeville, 5; Anderson, 3; Greenville, 4; Piekcns, 3; Spartanburg, 4; Union. 3; York, 4; Chester, 3; Fair field; 3; Lancaster, 2.' By command of Brevet Major-Gencral Edw. R. S. Ca.st.y. LOUIS V. CAZIARC, . Aide-de-Camp, A. A. A. Gen. The "Result.?The "Washington corres? pondent of the Charleston Courier, writing of the situation immediately after the late elections, says: The President and his Cahinent inclu? ding General Grant,fully understand and appreciate the meaning of the late elec? tions. They view the result as the want of the great conservative interests of the country, which demand peace, stability, and justice, under a Constitutional Union. The elections were gained by Conservative men, and not hy the Democrats, as a dis? tinct party. These elections are jnly a prelude to a general uprising of Conserva? tive young men throughout the North and West?the results of which we shall see in the November elections, and more decide? dly still in the elections for Congress and for the Presidency November of next year. The fact is the country is in the hands of a generation of young men who have sprung up within the last six or seven years, and the first thing they will do is to brush off the old and cH'ete and prejudiced lead? ers of the Radical party everywhere. The old Democratic chiefs of tbe Buchanan school will fare no better with them. They are not going back to past times or to old dogmas, hut will take things as they find them in this their own generation. The President has expressed views of the situation in a manner showing that he com? prehends it. Is not his triumph though he lias contributed to it. He says, however, that it puts an end to the impeachment project, and will give him an opportunity, peacefully and with less obstruction than was expected, sustain the Executive De? partment with its constitutional rights, in opposition to the factious and despotic ac? tion of Congress. The Conservative Republicans, and cs pccially the old Clay and Webster Whigs, are gratified hy the results, and will evi? dently support the onward movement. Many held back from the polls at the late elections because they would not act with their old opponents, the Democrats. They will have no scruple hereafter on that move. The President will not, in readjusting his Cabinet, compose it of Democratic par? tisans. Uc will take Conservative men. He has stated this in unmistakle terms. At the same time he will seek men of nerve and boldness, as well as integrity and abil? ity, lie ought to take men representing the present situation, and probably he will do it. Wasihxotox, October 15. The N. Y; Herald contains the follow? ing analysis of the Ohio election : At the election for Congressmen in Ohio last year, the Republicans carried 10* out of the 19 districts in the State. At the election, on the Sth instant, the Democrats carried twelve out of the nineteen districts, and came within 100 of carrying two or three others. In every Republican district the majorities are cut down immensely. In the seventh district, which gave" Hon. Samuel Shellabergcr '2,171 majority last year, the radicals escaped with bare nine? ty-five majority at the recent election; while in the eighth district the majority was reduced from 1,890 to sixty two. In the second district, the radical candidate was defeated by nearly 1,000 votes?Gen. Carey, his successful opponent, although personally in favor of negro suffrage, is opposed to forcing it upon any State, and pledged himself to the Dcmocarts to op? pose any measures looking to the passage of a bill by Congress enfranchising the blacks, either iu the North or South. He may, therefore, be regarded as an oppon? ent of the Congressional policy of recon? struction. The last significant feature about these districts is the revolution in the tenth. This district is represented by Mr. J. L. Ashley, the member of Con-1 gross who brought in articles of impeach- j ment against the President. As will be seen, the Republican loss is 2,041?giving the Democrats a majority of 124 iu the district. ?' The child is father to the man, accor? ding to an old maxim. The Boston Post thinks this is especially the case in Amer? ica. '-Children in this country are tho : parents of tlic fathers and mothers; and they abuse daddy and mammy outrage? ously." 1 Last Council Board of the Southern Confederacy. Edward A. Pollard contributes to tho Soulhern Home Journal, a new literary paper, just started at Baltimore, an arti? cle on the "Last Council Board of the Southern Confederacy," from which we select the following: The full of Richmond was the fatal event of the Confederacy. The black ban? ner which the smoke from its conflagra? tion set in the sky signalled from the Po? tomac to the Mississippi the end of the war, the despair and submission of the South. It was under that sign that the army of Gen. Lcc commenced its toilsome retreat, and the train of officials set out to find some theater of the war beyond Virginia, some remnant of a government, the annihilation of which they had not yet fully realized. "Wo have said that in these last painful days of the Confederacy there was hut little of dramatic scene to height? en and adorn the last act of the tragedy, ?so grand catastrophe mounted the stage. A tattered and travel-stained army moved through the woods and on blind roads, with straggling, distressed trains, its march doited with dead and famished soldiers, until broken down by toil and hunger, it quietly surrendered, and, with a mere instrument of writrng, laid down ' its arms at Appainattox Court House. Richmond had been deserted without a conference - there had been no final scene at the council board, no high debate, no official speech or inspiration that could properly mark the great historical inter? est of the event. It was a vulgar tumult to which the Confederate capitol had been abandoned. Tame and unworthy were the last days of an empire whose prowess had once challenged the admiration of the world, whose arms had twice penetra? ted ihe enemy's territory, whose two hundred cannon had bellowed for peace on the. heights ol Gettysburg, whose camp fires had more than pace been lighted in the very foreground of Washington. But in this poverty of scenery and in? cident in which the Southern Confederacy perished, there was yet one remarkable interview or council which has heretofore been lost to the current and popular his? tories of the war?a scene which, though taking place on a small and obscure thea? ter, vailed from public knowledge, is of intense dramatic interest, and is likely yet to furnish the last illuminated page to some artistic historian of the war, who, like Macau lay, shall produce the very im? ages of the past along with the record ol events. It was the last interview, the last conference of Jefferson Davis and his officers. It took pi ace in a little town in South Carolina; it was known only to the few men who assembled there with their fugitive chrief; yet it was properly the last scene of the war's great drama. It had a dignity that had not yet appear? ed in the final chapter of misfortune, and it is memorable alike for its artistic effects and historical importance. The ex-president of the Confederacy had issued at Danville, Ya.. an ingenious and sanguine proclamation which possibly might have aroused his countrymen to lurther efforts in the war had not the effu? sion been checked by the news of Gen. Lee's surrender. This event appeared to determine the last hopes of the Southern people, to convince them that further prosecution of the war was useless, and even criminal in a fruitless consumption of human life. Xot so with Mr. Davis. He was remarkable for a sanguine temper? ament; he had that disposition, at once imperious and weak, which demanding that all things must bo as it wishes, be? lieves them so; and what the world thought the swollen boasts of a desparate and failing leader were really the sincere .illusions of a proud man who never, in deed,'fully realized the extremity of his cause until ??the iron entered his soul" in the casemates of Portress Monroe. In his strangely deliberate and leisurely re? treat through1 the Carolinas, he had not ?ppeared for a moment to realize that he was a fugitive, and he looked with com? placency upon the dissolved fragments of the army thai had gathered on the line of his flight, and that pursued rt with a vague and uncertain design. An officer who was constantly in his company in what might be thought days of anguish and despair to the fallen chief, testifies: "Mr. Davis was apparently untouched by any of the demoralization which prevailed ?lie was affable, dignified and looked the very personification of high and undaunt? ed courage." He yet persisted that the cause was not lost, although Lee had sur? rendered, although Johnston had furled his banners without a battle, and although all that was visible of the great armies that had stood from Richmond to Augus? ta, on the dominant lines of the war, were then less than one thousand soldiers, frag? ments of brigades that assembled around him at Abbeville, South Carolina, when he paused there for a final council with his generals. There is something envious, even pain? ful, in this delusion", vet ndmfrnblo and sublime. The ex-presilient refused to read the word '-failure." which the public I had pronounced against him, and which he might have seen written m the faces of the slouched and dispirited soldiers who yet attended him. His glittering eye was not yet quenched; his slackened nerves were strung up with a new resolution and hope; he was practicing that most diffi? cult art of life, which maintains even man? ners in sudden adversity, and with the trained gambler's steady challenge, coolly and deliberately tries the last resource of fortune. But even that last resource was denied him. Fortune had no more stakes for him ; and with the sharp pain of tho gamester who prepares for the last chance, and then finds h? has miscounted, .and has not means even to try that, the man 1 who had bargained for empire, and played! The Intelligencer Job Office. Having-'r^cestly made considerable additions to this department, We are prepared t? escoute JKDE IfS .0 AlLH K3HIDS' In (he neatest style nnd on tlie most reasonable* - terms. Legal Blanks, Bill Heads, Posters, Cards,' Handbills. Pamphlets, Labels, nnd in fact every style o" work usually done in a country Priniin^ Office. BSy In all cases, the money will be required upon delivery of the wo; k. Orders, nccompauicd with ihe cash, will receive prompt piiphJi?li. with the destinies of whole communities/ suddenly found himself without a single' soldier at his command, and a hunted fu? gitive, iri peril of his life! In the little town of Abbeville Mr. Djr vi.s summoned his officers to council'} he was determined to try their resolution, and anxious to ascertain the spirit of tho men. The only full generals who yet al-: tended him were Bragg, his "military ad? viser," and Breckinridge, lately secretary of war. There were five brigade com? manders present at the conference. To this small but important audience Mr. Davis addressed himself with all the powers of his wonderful and subtile in? tellect. The old, imperious loofe was yefi in his worn face; the eye transfixed with., neuralgic pain, with its deep recess of light, shone steady and defiant; the thin visage was illuminated by the aetivo. mind and shone with the animated dny course. He spoke in the even, silvery tones of his accustomed eloquence; one of the greatest orators of modern times, excelling in the powers of statement or" narration, ingenihons even to sophistry, joining a winning and persnasivc manner to words cured from the choicest resources of language, he now tried all his powers in this critical opportunity. He declared" that the country was only suffering from violent surprises and an exaggerated alarm; its resolution would soon be erecfj again; the present condition was that of panic, and patriotism would soon bo ' aroused, when it heard the commanding and reassuring tones oi authority.' Hef insisted that the war was not hopeless. The armies could be reassembled, and there would be new carls for enlistments and new incentives to the countiy's""ser? vice, lie said that even the few hundred men he yet counted around him were enough lo prolong the war until the panic had passed away, and they would then' bo a nucleus iov thousands more. Ho' urged his officers to accept his views, and animate their men to stand to the good cause, whose honor lliey had so long; maintained; and whose last hopes they now carried on their bayonets. His auditors were silent. At length,' they spoke, one by one, each brigade commander staling the condition and temper of his men. and declaring hisv views of the situation. It was a plain, .unanimous judgment: the war eould not succeed jnnd should not be prolonged; they could not ask their men to struggle, against a fate which was inevitable and ? forfeit all hopes of restoration to their - homes and friends; but" they would insist ; that their honor was involved in securing, the escape of Mr. Davis, and for the ac? complishment of this object they would risk battle and put otS submission to tb-6" last moment. . ,. "No, no I" exclaimed the unhappy chief, in passionate accents, "I will hear of no plan which has for its object only 1113* safety/' Then speaking slowly and bit? terly, with a deep and fearful change set? tling on his countenance, ho said: "AH hope is gone I Alas, that 1 should see the day when all the friends of the South are/ prepared to consent to her degradation." Me faltered, and sat down in silence; every one in the room respected him too' ? much (0 P4piy. . Presently, without even a gesture of courteous retirement, without any ac? knowledgment of the company whatever, he rose to leave the room ; and it was ob- ; served that he had lost his erect carriage and defiant port. A weight of years ap? peared to have suddenly fallen' oh tho stricken stillerer. The eyes were uneasy in the pale, pinched face; and so uncertain and tottering was his step that General Breckinridge moved 10 his side, and giving him his arm. supported him from tho\ room. Not a word was spoken. It is a true and delicate philosopher/ who, exploring a scene of despair, says : ?'?The. sentiment that attends the sudden revelation that all is lost is silently gath? ered up into the heart:- It is too deep tot gestures or for words. The voice perishes, the gestures are frozen, and the spirit of man fiies back upon its own center." Ciiaulhstox, October 16. JudgeBryanj of the United States Court in a case to-day testing the validity of the panel of n,hvj drawn of voters and tax? payers, irrespective of color, decided that although the Act ol Congress of 1840 re? quired the jurors to be drawn as prescribed by the Legislature of each respective State yet that this must be construed in reference to the changes created by the war. . He held that Congress, as now constituted'Was" the legal Congress of whole country; that the Reconstruction Act of Congress, con? ferring suffrage upon the negro, was valid, and was the provisional Constitution and" law of the State. He held that President Johnson had no power to restore ary sece? ding States to the Union. He says:. "I . sav'it with a grave sense of responsibility, it "was not competent for the President, by any act of his, lo bind Congress lo restore the States to the Union, and connect it by constitutional ligaments and relations.'" lie held there was no legalgovcnnent' or State Constitution in South Carolina,' and that under the existing provisional govern^ ? mcnt, the Reconstruction Acts of Congress were the supreme and law the Consti? tution of the State. He says, if there was any Constitution for South Carolina, or any legal State government, then the Act of 1840, commanding the judge to accepS as jurors alone those who are voters under the Constitution of the State and who are qualified by the Act of its Legislature, then it would bo decisive of this question.' and the panel should have been drawn alone from white menbut it is otherwise. ?A husband on being told the other eve? ning that his wife had lost her temper, said he was glad of it, for it was ? very bad.one.