The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, August 19, 1875, Image 2
News of the Week.
? Mrs. John C, Breekenridge is going
to move from Kentucky to Arkausas.
? Last week three-prominent business
men of Boston ail died of paralysis ore
the same day.
? Ex-?JovernoT Palmer, of Illinois^ is
named f?rthe Democratic nomination for
Governor of that State.
? The Charlotte Observer nominates
Jefferson Davis for President of the
University of North Carolina.
? Bishop Quintard has gone to Eu?
rope to get help for the University of the
South, at Sewanee, Tennessee.
? Gen. Joseph E. Johnston has writ?
ten to Gov. Garland declining the Presi?
dency of the Arkansas Industrial Uni?
versity.
? Saratoga water agrees with Vice
President Wilson. He has written" two
hundred pages of his book since he ar?
rived there.
? The Ohio election comes off on the
12th of October. A Governor, Lieuten?
ant Governor and members of the Legis?
lature are to be chosen.
? There is a little talk in Tennessee of
urging the governor to appoint Jefferson
Davis to the seat of Andrew Johnson in
the United States Senate.
? The Bank of Mecklenburg, at Char?
lotte, has suspended and gone into liquid?
ation. A full statement of the assets and
liabilities is promised this week.
? General Longstreet has decided to
become a citizen of Georgia, and to settle
in Gainesville in that State, should his
family be pleased with the location.
? The official majority for the Ala?
bama Convention is 16,500. The dele?
gates elected are eighty-one Democrats,
six Independents ana twelve Republicans.
? Bishop Cummins, of the Reformed
Episcopal Church, now claims that there
are fifty ministers and forty congregations
of that sect in the United States and
Canada.
? The loss by the destruction of crop
through the recent floods and rains will
xmount to about the same as the loss by
the Chicago fire; in round numbers
$200,000,000.
? Gen. E. Kirby Smith is now chan?
cellor of the State University at Nash?
ville, Tenn.. but thinks of leaving to be?
come professor of natural history in the
University of the South at Sewanee.
? The latest authentic reports show
that the election in North Carolina has
gone jb8 follows: Democrats, 60; Re
Jublicans, 59; Independent Democrat,
. Sixty-one is necessary for a majority.
? The Mississippi Press Association,
which is composed exclusively of editors
and proprietors of Democratic and Con?
servative newspapers, started last week
on an excursion among the cities of the
Northern States.
? Andrew Johnson is the third Presi?
dent whose remains are in Tennessee, and
there is a project to bury him with the
others in Nashville and erect a grand
monument; but his family prefer a sim?
pler grave in East Tennessee.
? A monument to Wm. Gilmore
Simms, the most gifted novelist of the
South, will shortlyT>e erected in Magno?
lia Cemetery, near Charleston. It will
be a bronze bust placed on a granite pe?
destal, and will cost about $2,500.
? The St. Louis Globe-Democrat
learns that twelve families have been com?
pelled to leave Williamson county,
Illinois, to escape the vengeance of out?
laws, who rule that county. Many more
are quietly arranging business to leave.
? Governor Ames, the champion car?
pet-bagger of Mississippi, has been ab?
sent since April, and as the acting Gov?
ernor, a negro named Davis, is making a
sort of general jail delivery, the newspa?
pers are calling on Ames to come back.
? Ex-Treasurer Niles G. Parker has
published a card in reference to his es?
cape from the jail in Columbia, saying
that he had no assistance from the Sheriff
or any of his employees, and neither of
them had any knowledge of his plans for
escape.
? The richest woman in America is
the wife of Prof. Gammel, formerly of
Brown University, Rhode Island. She
has an income of at least $1,000,000 a
year, her father's estate, which she has
just inherited being estimated at fully
$20,000,000.
? Col. J. Addison Moroso, of the
Charleston News and Courier, has invent?
ed, a: machine for breaking the backs of
small boys which he calls the street car
Bogardus kicker. He desires to employ
active young men in all parts of the State
to act as agents.
? In the recent great storm near
(Senevay in, Switzerland, a man was killed
by a- hail-stone striking him on the tem?
ple, and another had his wrist broken.
An extraordinary number of small birds
were killed by the hail, and one person
is said to have picked up five hundred
birds.
? At the last extra term of court in
Lancaster County, says the Ledger, Jury
No. 2, composed of nine intelligent
white men and three colored men, was
presided over by an iIlliterate colored
man, who could neither read nor write,
by direct appointment of Judge T. J.
Mackey.
? The Lancaster Ledger states that a
negro scoundrel, near Fort Mill, wrote an
insulting note to a respectable young lady
one day last week, proposing a confer?
ence. The young latlv handed the docu?
ment over to her father, who appeared
upon the spot designated and emptied
thirteen buckshot into the villain's car?
cass.
? During the past three years about
thirty English and Irish gentlemen have
settled in Amelia county, Virginia, on
estates which in the aggregate amount to
nearly 10,000 acres. These colonists
have, it is estimated, invested in real and
personal property and otherwise, between
?00,000 and $500,000.
?Lomsville has been selected as the
place for holding the convention of all
grange purchasing agents, and the 1st of
October as the time* The National Ex?
ecutive and all State Executive Commit?
tees will be present, for the purpose of
adopting .a plan by which business can
be conducted on a uniform system
throughout the United States,
? Gen. GeOr E, Pickett died from ab?
scess of the liver. Like many other great
men, says the Augusta Constitutionalist,
worsted by war ana its results, he drifted
kvto life insurance. It i? an odd thing
tJha* one of the heroes of Gettysburg
should have to eke out subsistence by ex?
plaining endowment and ten-year poli?
cies ; but that was a great deal better
than having to sit at the cross-roads, like
old Belisarius, and use his helmet for the
reception of public alms.
? The New York Tribune says Senator
Morton "seems to have forgo ten the
miserable failure of the "outrage" cam?
paign ; he dwells upon the disloyalty of
the South and the return of Confederate
ofScers to Congress as though he really
hoped to alarm the people with a sense
of overwhelming peril. He forgets that
his party went to the people last year up?
on just such an appeal, and was disas?
trously defeated on it. He could hardly
have made a worse blunder than in un?
dertaking at this time to reargue the is?
sues upon which his party took an
adverse verdict at the last election. No
new evidence has been discovered, and
the people are tired of the story."
JAS. A. HOYT, U,^
E. B. HURRAY, j
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THURSDAY MORNING, AUG. 19th, 1875.
Editorial Notes.
A grand temperance mass meeting and
pic nie will take place at Warrior's Creek
Church, in Laurcns County, on Friday,
20th of August. Distinguished speakers
will be present, and a good time is antici?
pated. We thank the committee for an
invitation.
It has been generally commented upon
that the people of the United States are
without an ex-President, since the death
of Andrew Johnson. The fact seems to
be overlooked that the people of the
Southern States are not exactly in this
condition, for we have ex-President Da?
vis yet in our midst.
The great State of New York is entire?
ly under Democratic rule, and as the re?
sult the whole State tax for next year
need ;not exceed 3 to 3J mills. This
would not run one session of the South
Carolina Legislature, and is between one
fourth and one fifth of what is necessary
to run our excellent (?) State government
under Republican rule.
Messrs. Wright & James, of Walhalla,
are engaged in the manufacture of smok?
ing tobacco, and we are indebted to these
gentlemen for a package of the "Issa
quena" brand. Its flavor and quality
rank with the standard brands of the
oldest manufactories, and we believe that
their prices are equally as favorable.
Merchants ought to give them a trial.
Elections will be held in a number of
States this year as follows: California,
Sept. 1; Arkansas, Sept. 6; Maine, Sept.
13; Iowa and Ohio, Oct. 12; Virginia,
Kansas, Maryland, Massachusetts, Missis?
sippi, Minnesota, Missouri, New York,
New Jersey and Pennsylvania, Nov. 2;
Texas, Dec. 7. After these elections are
over the question as to republicanism or
democracy will be settled, and appear?
ances now are favorable to the Demo?
crats.
We are in receipt of the rules, regula?
tions and schedule of premiums of the
Third Annual Fair of the Greenville
Agricultural and Mechanical Associa?
tion, which will commence on Wednes?
day, October 20th, and continue for
three days. The premium list is hand-.
somely printed by J. C. Bailey,, of the
Enterprise and Mountaineer. The officers
of the Association are offering a splendid
list of premiums, and exhibitors are in?
vited from every section of the country.
The Abbeville Medium notes the pres?
ence of Eev.D. E. Frierson, of Ander?
son, who recently preached in the Pres?
byterian church at that place, and says:
"His sermon was learned, logical and
eloquent. It was a kind of running com?
mentary upon the history and religion of
the Jews and the Christian religion,
which sprang from the old Jewish faith,
or is a continuation of that faith under a
new dispensation, but possessing all of
the ancient grandeur. Mr. Frierson is a
power in the pulpit, and his preaching is
effective."
Ex-Governor William A. Graham, of
North Carolina, died of heart disease at
Saratoga, N. Y., on Wednesday morning,
11th inst., in the 71st year of his age.
He arrived at Saratoga about three weeks
before his death, and had been confined
to his room only four days. Gov. Gra?
ham entered public life at an early age,
and filled many exalted stations. He
was elected United States Senator in 1841,
was Governor of North Carolina from
1845 to 1849, was a member of Mr. Fill
more's cabinet until 1852, and in that
year resigned to accept tho Whig nomi?
nation for Vice President. He was Con?
federate States Senator for a short time,
and was recently elected a member of the
State Convention to revise the constitu?
tion of North Carolina. He was an hon?
est, upright, zealous and faithful public
servant, and the occurrence of his death,
even at such an advanced age, is widely
regretted.
Dr. W. L. Love, of Franklin, N. C,
calls attention to the recent action of the
citizens of Knoxville, who propose to
take $250,000 stock in the Blue Ridge
Railroad, in order to complete said road
to Walhalla, S. C, and requesting the
city authorities to submit this question
to the qualified voters. A meeting of
the stockholders of the Knoxville and
Charleston Railroad was held in Nash?
ville, when Dr. Wm. Morrow was elected
President, and resolutions were adopted,
looking to the completion of this work,
provided the proper assistance be given
by the towns and counties to be benefit
ted by this extension. Dr. Love says
this looks like business, and wants to
know whether Oconec and Anderson will
lend the "proper assistance." He further
says: "Where are our Anderson friends,
who took such an interest in the Chicago
convention in 18G3. Are they all dead ?
Do they sleep, or are they powerless?
No man is powerless while he can think,
and write or speak. Let us make one
more effort. We are ready in the moun?
tains to do all we can."
? The residence of Mr. Henry M.
Young, of Due West, was destroyed by
fire on Tuesday night, 10th inst.
The Comptroller General.
Proceedings are now pending before
Judge Malier to test Comptroller General
Thomas C. Dunn's right to the position
be now occupies. It will be remembered
that Judge H?ge was elected Comptroller
Generai on the Moses ticket in 1872, and
filled the position until the last election,
at which time he was allured by Congres?
sional aspirations to take the nomination
for Congress, upon the Chamberlain tick?
et, from the Third District, and therefore
had to resign the Coraptrollership last
winter. The manner of electing his suc?
cessor was a matter which occupied the
public mind, and elicited considerable
interest among politicians of both sides.
The Constitution of the State provides
by Art. Ill, Sec. 23: "There shall be
elected by the qualified voters of the
State, a Comptroller General, a Treasurer
and Secretary of State, who shall hold
their respective offices for the term of
four years, and who?e duties and com?
pensation shall be prescribed by law."
Despite this plain provision the Leg?
islature decided they would elect to fill
the vacancy, and Gen. Dunn was chosen
by a large majority. He was a good se?
lection, and while we cannot sustain the
action of the Legislature in usurping
powers and rights given by the Constitu?
tion to the people themselves, we have
no complaint to make against his official
conduct, which, so far as manifest, has
been praiseworthy; but when there is pre?
sented for solution a legal question, in?
volving the right of the Legislature to
annul a provision of the fundamental
law of the State, we favor an adherence
to the Constitution, even if it should
unseat an officer who is not charged with
any misconduct The statement that
these proceedings are in the form of a
quo warranio is clearly shown by the
Union-Herald to be erroneous, by the fact
that section 443 of the Code abolishes the
writ, and provides in section 447: "An
action may be brought by the Attorney
General in the name of the State, upon
his own information, or upon the com?
plaint of any private party, or by a pri?
vate party interested, on leave granted
by a Circuit Judge, against the parties
offending, in the following cases: 1st.
When any person shall usurp, intrude
into, or unlawfully hold or exercise any
public office, civil or military, or any
franchise within this State, or any offico
in a corporation created by the authority
of this State." * * * It is
under this section that the proceeding is
had, and Hon. James B. Campbell is the
person who makes the application for the
right to sue for an adjudication of the
case, and as the case will doubtless be
pursued and defended with vigor, it is
likely to become interesting. The Leg?
islature should learn from this not to
usurp the people's rights in future, and
thereby avoid these unnecessary doubts
and difficulties with which they have en?
vironed the present Comptroller.
The Release of Parker.
Our readers will scarcely be surprised
to learn that Niles G. Parker has been
released from imprisonment, and is once
again enjoying the delights of freedom.
Judge Mackey undertook the necessary
work for Parker's release, and made quick
disposition of the "entire matter. He
seems ready at hand whenever there is
need for pliant and accommodating terms
from the judiciary. Attorney General
Melton was so disgusted that he left the
presence of this meddlesome official, and
it was then altogether one-sided on the
part of the lawyers. Mr. You mans and
R. B. Elliott unnecessarily delayed the
release of Parker by their arguments in
his behalf, for the mind of his Honor
was evidently made up when he ascen?
ded the bench.
The subsequent arrest of Parker upon
the affidavit of Comptroller General
Dunn does not amount to anything.
His prompt release upon bail and the
readiness with which he obtained sure?
ties clearly indicate that the proper au?
thority will be called upon to test the
validity of that bond for two thousand
dollars, as there is no intention on the
part of Parker to suffer longer vexation
at the hands of his Radical brethren,
when complete immunity can be so
cheaply purchased. Indeed, there are
enough of them intimately connected
with Parker's fraudulent transactions to
render the forfeiture of his bond a trivial
affair. He will go beyond the reach of
wily politicians, who aro making uso of
him to build up a reputation for honesty
and reform.
In the meantime, there is a lively pros?
pect ahead for South Carolina. Between
the two wings of the Radical party there
is likely to spring up an interesting fight,
which we can witness with the utmost
complacency. Gov. Chamberlain, with
his associates and adherents, will be con?
fronted by Tom Mackey, Elliot, Gleaves
and others. The control of the next
campaign will be hotly contested, and it
is the duty of Conservatives and Demo?
crats to keep aloof from all entangling
alliances.
? The returns of the department of
Agriculture for August 1, show an im?
provement of the cotton crop of 4 per
cent, in North Carolina, 1 in Mississippi
and 4 in Arkansas. These States were
largely favored with the same conditions
of growth which had secured their high
average of July. Texas maintained her
previous figures?drought in sonic Coun?
ties being counter-balanced by fine wea?
ther. Tennessee lost 2 per cent, mostly
on account of injuries to bottom laud
crops from excessive rains. In Louisiana,
the average decline is (5 per cent, on ac?
count of local drought, though several
parishes report very promising crops;
the injurious influence cut down the aver?
age of Georgia 11 per cent, of South
Carolina 15 per cent., and Florida lb' per
cent. The August averages were as fol?
lows : North Carolina 99 ; South Caroli?
na 84; Georgia 86: Florida 85 ; Alabama
93; Mississippi 104; Louisiana!)!); Tex?
as 93; Arkansas 108; Tennessee K?7.
Lice and caterpillars arc reported in two
or three Counties, but no damage to crops
is reported.
A Family Quarrel.
The following letter from Gov. Cham?
berlain to Judge Reed shows that the
action of the Licutennnt-Governor in at?
tending to some of the gubernatorial
functions which the Governor did not
mean to be affected by his recent tempo?
rary absence will have to be tested in the
Courts. The question presented is a nice
one, and as it only involves a little fami?
ly quarrel between two leaders of the Re?
publican party we can well afford to look
on in amusement. The Governor will
also find many other things connected
with the State's interests that have got
crooked. We hope he will look after
them as well as the conduct of the Lieu
tenant-Governor. This letter is, how?
ever, a cool piece of arrogant imperti?
nence. We would like to be informed
where the Governor gets any right ?r
precedent to instruct Judges as to what
his opinion of the law is. He is simply
an executive officer^ and cffti only carry
out the law as laid down by the Courts.
He has forgotten that he is the servant
and not the master of the judiciary, and
if the action of Gleaves was officious, this
letter to Judge Reed is certainly as un?
called for, meddlesome and inexcusable,
for it is entirely without the scope of his
authority:
State of South Carolina,
Executive Department,
Columbia, S. C, Aug. 13,1875.
Hon. J. P. Meed, Judge First Judicial
Circuit, Charleston, S. C.?Dear Sir:
At the June term, 1875, of the Court of
General Sessions for Charleston County,
Joseph Gibbes and John Smith were
convicted of the crime of murder and
sentenced to be hanged on the 30th June,
1875. I now learn that during my re?
cent temporary absence from the State, the
Lieut.-Gtivernor, Hon. R. H. Gleaves,
has assumed the authority to commute
the sentence of Joseph Gibbes, as above
stated, to imprisonment in the peniten?
tiary for twenty years, and that in conse?
quence of this action of the Lieutenant
Govcrnor, the execution of Joseph Gibbes
did not take place on the day fixed by
you and has not yet taken place. I have
no information of any kind in regard to
this matter except what I have observed
in the newspapers, no order or copy or
notice of the order of the Lieutenant
Governor having been sent to this office.
Joseph Gibbes, I assume in the absence
of official information, is still in the jail
at Charleston.
The action of the Lieutenant-Governor,
as above stated, is, in my judgment,
wholly without authority of law and
hence null and void, and my purpose in
addressing you at this time is to call your
attention to what I consider the necessity
of action on your part, if you agree with
me in regarding the action ot the Lieu?
tenant-Governor as unauthorized and
void.
It is proper to add, that at the time of
leaving the State, I informed the Lieu?
tenant-Governor by letter of my proposed
absence, and that I should be in direct
communication with my office in case
any necessity for the official action of the
Governor should arise.
You will remember, also, that the ques?
tion of the right of the Lieutenant-Gov?
ernor to act as Governor during the tem?
porary absence of the Governor, was
directly involved in the recent case of
Hardce and Bunch in Charleston. In
those cases, however, the action of the
Lieufeshant-Governor extended only to
the postponement of the execution of the
sentence. In the present case it extends
to the change of the sentence and in?
volves the right to exercise all the power
of the Governor. It presents a case,
therefore, which compels me to ssek a
judicial determination of the question in?
volved, and to this end I beg to call your
attention to the case, and to say that in
my judgment your Honor should regard
the action of the Lieutenant-Govcrnor
as null and void, and proceed to enforce
upon the said Joseph Gibbes the sentence
of your Court, subject to such action by'
the Executive as he may take whenever
the case may be submitted to him for his
action. Very respectfully, your Honor's
obedient servant,
D. H. CHAMBERLAIN,
Governor.
For the Anderson Intelligencer.
Chamberlain vs. Gleaves.
At a time when Old Pendleton District
comprised all the territory between Sa?
vannah and Saluda Rivers, and from the
Abbeville line to the top of the Blue
Ridge Mountains, Col. Sam Dickson was
Senator, as he used facetiously to say, of
the large and popular District of Pen?
dleton. On his return from Columbia
on one occasion, and immediately after
the election of a Governor and Lieuten?
ant Governor, one of his mountain con?
stituents said to him: "Col., we know
that the duty of the Governor is to re?
view the militia and pardon people, but
what in the old Harry docs the Lieuten?
ant Governor do ?" "Why," said the old
Col., "the Lieutenant Governor is kept
to pardon the niggers!"
This happened in the olden time, when
the State Government was supposed to
be fixed and stationary within the terri?
torial limits of the State, and not as now,
ambulatory; with the highest officials
and the great seal dangling about from
Hamburg to Boston.
Thero was wisdom in the conduct of
Governor David Johnson when he took
formal and official leave of the Palmetto
Regiment on their way to Mexico, at the
Georgia line, for he felt that he could do
no official act beyond the limits of the
State.
But Lieut.-Gov. Gleaves has given a
somewhat pointed and practical applica?
tion of the duties of a Lieutenant Gov?
ernor, for he has ventured now the sec?
ond time to save his colored friends from
the gallows by interposing his preroga?
tive. Of course Gov. Chamberlain is
indignant, so much so as to even suggest
to one of the Judges of the State his duty
in the premises, through the public
prints. The question raised now, as to
the powers and duties of a Lieutenant
Governor in the absence of the Governor
cannot be satisfactorily settled by the
opinion or ruling of a single Judge. It
must go to the Supreme Court, and there
be carefully and intelligently reviewed
and adjudged. The words of the Consti?
tution in Art. 3, Sec. 0, are: "In case of
the removal of the Governor from his
office, or his death, resignation, removal
from the State, or inability to discharge
the /lowers and duties of Ike said oj/ice, the
same shall devolve on the Lieutenant
Governor," &c. This clause in the Con?
stitution must govern the case, and it
must turn on the legal meaning and force
given to the word inability,
Now, we would like to be informed of
a single official act which can be legally
and constitutionally performed outside
the limits of the State by a Governor of
a State. A pardon or commutation of a
sentence must be signed by the Governor
and the great seal allixed; and as that is
in the keeping of the Secretary of State,
how could the Governor act in such a
case as this, without the Secretary of
State and seal being present? Then, if
the case of Gibbes demanded Executive
clemency, and the Governor in Boston,
he was certainly under a disability to
discharge the powers and duties of his
j office, and the powers and duties devolved
upon the Lieutenant Governor,
"Without pretending to express any
opinion as to the propriety or courtesy of
this act on the part of Lieut-Governor
Gleaves, yet it affords a good opportunity
to have the grave question settled ; and
will also doubtless turn the attention of
the people of the State as to the policy
of a Governor leaving the State, and
thus affording opportunity for such in?
congruities to occur. H.
Ex-President Davis.
We were cognizant of the fact that "Mr.
Jefferson Davis' services have been in
demand among the colleges of the South,
and that considerable interest had been
excited as to his determination upon a
future home. He declined the Presiden?
cy of the Texas Agricultural College, and
it was understood that he might become
the Chancellor of the Georgia University,
if he was disposed to locate among our
neighbors across the Savannah. The
suggestion is now made to tender him the
Presidency of the North Carolina Uni?
versity, and is looked upon with much
favor* by the North Carolinians, who
were always warm friends of Mr. Davis.
We have not been surprised at this ex?
hibition of kindly feeling for the Ex
Presiaent of the Southern Confederacy
among his former friends and associates.
It is natural, right and proper for the
Southern people to manifest an interest
in the welfare and prosperity of our de?
voted and honored leader, whose eminent
public career ended so sadly and disas?
trously. But we confess to some surprise
at receiving the announcement that Mr.
Jefferson Davis has been invited to visit
the great State of Illinois for the purpose
of making a speech. It is even so, how?
ever, and the invitation has been ac?
cepted.
The Agricultural Society of Winne
bago County, 111., has the honor of ex?
tending the invitation to Mr. Davis, who
will deliver the annual address at the
Winnebago County Fair, which tikes
place at Kockford on the 14th of Sep?
tember. Certainly, time works wonders,
for ten years ago it would have cost Mr.
Davis his life to venture into Winnebago
County, whose boast it was to be the
"banner county" of the Union?now the
first to extend a cordial greeting to the
representative man of the Southern Con?
federacy. We publish below the letter
of acceptance which Mr. Davis forward?
ed to the Secretary of the Agricultural
Society:
'Memphis, Tests., Aug. 5,1S75.
"To H. P. Kimball, Secretary?My
Dear Sir: Yours of the 1st inst. has been
received, and I have the honor to accept
the invitation to address the Patrons of
the Industrial Association of Winnebago
County at their meeting in September
next, and, unless prevented by some un?
foreseen cause, will be with you on the
14th prox., the commencement day of
your Exposition. Your previous letter
on the subject would have promptly been
replied to but for the necessity which ex?
isted then and until several days past as
! to the probability of arranging some bus?
iness matters so as to permit of my ab?
sence at the time specified. I have long
desired to revisit your country and see
the wonderful development which has
I been made since I left it, as then it was
a wilderness occupied by savages. The
courteous invitation is thereupon doubly
welcome. With cordial thanks to your?
self and associates, I am, respectfully and
truly yours, Jefferson Davis."
The Mattison Case.
Solicitor Blythe, of the Eighth Circuit,
has addressed the following letter to the
Editor of the Greenville Daily Newt:
Dear Sir?In a r,ecent issue of your
paper, you call upon me for any informa?
tion in mv possession, in reference to the
case of Alexander Mattison, for the kill?
ing of John Davis, and why he has not
been brought to trial. As it is a matter
of public importance, I acknowledge your
right to make the demand, and I shall
briefly state the facts and history of the
case, without discussing its legal bear?
ings, as the questions involved have not
yet been acted upon by the courts.
On the-day of July, 1874, the said
Alexander Mattison shot and killed
John Davis, a citizen of Greenville coun?
ty, near Belton, in Anderson county.
He was immediately arrested and lodged
in Greenville jail, and soon thereafter
tiken before Judge M. Moses, at New
berry, on a writ of habeas corpus?Judge
Cooke being at the time out ot his circuit.
Judge Moses signed an order admitting
him to bail in the sum ot fifteen thousand
dollars, and committed him to the jail of
Anderson county uutil he should execute
his bond for that amount. Mattison
failed to give the bond, and has never
given any bojid up to the present time.
He soon afterwards sued out a writ of
certiorari before the United States Cir?
cuit Court, under the act of Congres au?
thorizing the transfer of any action civil
or criminal, pending in any State court
against any officer of the United States,
for any act done under color of his office.
Under said writ ho was transferred from
the State court to the United States Cir?
cuit court, and turned over by the Sheriff
of Anderson county to the United States'
Marshal for South Carolina, and taken to
Columbia, and lodged in the jail of Rich
land county.
Soon after said transfer, the Grand
Jury of Anderson county found a true
bill against Mattison for murder, and
thereupon the presiding Judge of the 8th
circuit signed an order requiring the
United States Marshal, and the jailor of
Richland county, to turn over the pris?
oner to be tried in Anderson county.
The Sheriff of Anderson county went to
Columbia, and demanded the prisoner,
but was refused.
At the next (November) term of the
United States Circuit Court, 1 went to
Columbia to look after this ease, though
my official connection really (I think)
terminated when it was transferred to the
United States Circuit Court.
The act allowing such transfer makes
no provision for the Solicitor following
the case, and it would seem that the Dis?
trict Attorney should be the prosecuting
officer when it reached his court.
But I found the distinguished District
Attorney and his able assistants all array?
ed on the side of the defense. Under the
circumstances I felt it to be my duty, and
was permitted by the court, to enter my
name as prosecuting attorney.
As a preliminary matter, I made a
motion to strike the cause from the
docket, and remand the prisoner to the
State Court for trial.
This motion was based on several
grounds, but it is not necessary to discuss
them here.
At the hearing of the motion Attor?
ney-General Melton, at my request, kind?
ly came to my assistance, and made a
powerful argument in favor of the motion.
The court (Judge Bond presiding)
ueither granted or refused the motion,
but continued the case and took the mat'
ter under advisement, and the prisoner
remained in the custody of the Marshal.
The next session of the United States
Circuit Court was held in Charleston, in
April last, Chief Justice Wait presiding.
Near the close of the term, I was noti?
fied by the Marshal that Mattiaon would
be brought before the court on applica?
tion for bail.
He was accordingly taken before the
court and^the whole matter again dis?
cussed. No decision was made, no order
signed reducing the amount of bail, or
enlarging the prisoner, but he was again
remanded to the custody of the Marshal,
and in the eye of the law is now, and al?
ways has been, since the commission of
the alleged crime, in close confinement
in jail.
It is a notorious fact, however, that
Mattison is at large.
As to the delay of the court in coming
to a conclusion in regard to the status of
the case I have nothing to say. No doubt
there is good reason for the delay.
I propose to follow the case up, and
press it for trial, first in the State Courts,
and failing in that then the United States
Court. A. Blythe,
Solicitor 8th Circuit.
The Parker Case?The Prisoner
Released.?Ex-State Treasurer Niles
G. Parker, whose trial, conviction, escape
and recapture have kept the community
in a state of excitement for several weeks,
is once more upon the boards. By an
order from Judge T. J. Mackev upon
Sheriff Dent, the prisoner was brought
before his Honor, yesterday afternoon,
under a writ of habeas corpus. The tenor
of the return of the Sheriff is as follows:
He held Parker by virtue of an order of
arreu*. issued in case of Commissioners of
Sinking Fund vs. Niles G. Parker, and
an order of arrest in case of the State of
South Carolina vs. Niles G. Parker.
The Attorney-General moved for a
postponement of the hearing of this writ,
and that his reasons for asking this favor
of the Court, were that his assistant, Col.
Rion, was in Pendleton, and was prevent?
ed from reaching this place in time to be
present at the hearing; and that owing
to the short time given him, he was un?
prepared to argue this cause as it should
be; and that, contrary to the usual prac?
tice, he had not been permitted to see the
return of the Sheriff, before it was shown
to the Court.
Mr. Elliott resisted this motion, and
his Honor over-ruled the Attorney-Gen?
eral's motion. The Attorney-General
then stated that the onlv thing he could
do would be to fold his hands and remain
silent. He then left the Court House,
and did not return.
Mr. Elliott, at some length, argued the
defendant's cause. He was followed by
Mr. Youmans, who, in a very elaborate
argument, discussed all the leading points
of the case, and at half-past 8 o'clock his
Honor granted an order discharging the
defendant from custody.
The Ex-Treasurer immediately stepped
out at a lively gait?making the best
walking time on record. Trial Justice
McCord had issued a warrent for his ar?
rest, on a criminal prosecution, the suit
being "S. W. Melton m. Niles G. Parker,"
and the charge fraudulently appropriating
$75,000 in bonds. Constable L?rick
overhauled Mr. Parker, and he was car?
ried before Trial Justice McCord, who,
after listening to argument by Mr. You?
mans, decided to release the prisoner on
bail in the sum of $2,000. This was
promptly furnished?Mrs. M. A. Parker
and Messrs. G. W. Waterman and P. F.
Frazee appending their names to the
document.?PhccniiC, 17th insL
Executor's Notice.
ALL persons having demands against
the Estate of Mrs. Ellen C. Poo,
deeeased, aro notified to present them to
the undersigned for payment, within the
time prescribed by law. Those indebted
to the said Estate must make payment to
tho undersigned without delay.
D. B. SLOAN, Ex'r.
Aug 10, 1ST")_5_3*
NOTICE
IS hereby given that application will be
made thirty days after date to John
W. Daniels, Esq., Clerk of the Court for
Anderson County, for a Charter incorpo?
rating Orrville Academy, in accordance
with the Act of Assembly in such eases
made and provided.
Bv order of the Board of Trustees.
F. G. CARPENTER, for Trustees.
Aug 1!), 1S7? 5 5
G. W. GROGAN'S
HARNESS SHOP,
Up-Stairs, in Sliarne's Building on
Granite Row.
?$r" YOUR patronage respectfully solic
ted. Repairing done promptly.
August 19, 1875_5_
"Sheriff's Sale
BY J. H. MeCONNELL, Auctioneer.
BY virtue of an Execution to me di?
rected, I will oxpose to salo on the
First Monday in September next, at An?
derson Court House, all of the Defen?
dant's interest in
ONE BUGGY.
Levied on as the property of Henry
Vandiver, at the suit of Win.* Jones.
Terms cash.
WM. McGUKIN,
Sheriff.
Aug 17, 1875 5 3
TO RENT!
THE OLD HOMESTEAD, at tho Cross
Roads, one milo and a half below
Shorard's Store, in this County.
Also, the McBRIDE PLACE, nearly
adjoining, either of which can bo rented
or bought upon easv terms.
I also offer for sale my PLANTATION
in Abbeville County, in one of tho most
desirable neighborhoods in tho country,
near Savannah River, joining lands of
Col. Harper, James Bruce, A. Oliverand
James Allen, which may bo bought on
quite reasonable terms.
R. S. HILL,
Anderson, S. C.
Aug 19, 1875_ 5_2_
NORTH RABUN
WOOLEN MILL,
LAUREKS COUNTY, S. C.
IBEG leave to inform the Wool-grow?
ers of Anderson County that I have
on hand a line stock of Winter and Sum?
mer JEANS, BED BLANKETS, cotton
wari) and all-wool FLANNELS, double
and single YARN, WOOL ROLLS, ttc.,
all of my own manufacture, which I will
sell cheap for cash, or exchange on libe- j
ral terms for Wool. Thankful for past I
patronage, I solicit a continuance of tho
same. Mr. H. B. PANT will act as my]
agent.
A. C. FULLER, Proprietor.
Aug 19,1S73 o im
NOTICE
IS hereby given that an application will
will be made to the Legislature at its
next session for renewal of Charter of
BroWn's Ferry, over Savannah River at
erossing of Public Highway leading from
Anderson C. H., So. Ca,, to HartWell, Ga,
HORTEXSE C. FOWLER,
Proprietress,
Aug 19, 1873 6 3m
Dissolution.
THE FIRM of ROBERTS <fc KILL
BOURNE has this day been dis*
solved by mutual consent. An agent
will be designated in future to make set?
tlements and receipt for the firm.
T. C. KILLBOUKN?,
K. G. ROBERTS.
Aug 9, 1875_5_2*
CAROLINA
COLLEGIATE IKTIM
THE FALL TERM of this Institu?
tion will open SEPTEMBER 13thv
FACULTY,
W. J. LIGON. President.
Miss S. Y. ROBINSON and HENRY
G. REED, Professors in the Academic
Department.
Mks. F. C. von BORSTEL, Music;
-?-'?, Modern Languages.
I will board boys in my family at
?12.50 per month, exclusive of washing
and lights. W. J. LIGON.
Aug 19, 1875_5_4__
United States Internal Revene,
Collector's Office, 3d ?Lstret S. ??#
Columbia, Aug. 14th, 1875.
To All WJiom It May Concern:
NOTICE is hereby given tlrafc the1 toU
lowing described property has beert
seized for violation of the Internal Reve
nue laws of the United States, and that
bonds for the costs of an action in the U,
S. Court must be filed in the office of the"
Collector within 30 days from the date
hereof, or the same wiU be forfeited
under provisions of Sec. 63, Act July
13th, 1806, as amended, To wit:
One Cask (20 gallons) Rye Whiskey,
seized from A. P. Willingham.
L. CASS CARPENTER,
Collector 3d Dist., S. C.
Aug. 19th, 1875._5_S
Notice of Dissolution.
THE Copartnership between the un?
dersigned, under the name and
style of Miss C. C. DANIELS, has been
dissolved by mutual consent. The busi?
ness is now conducted by Mrs. C. 0.
Pegg alone, who will give her undivided
attention to the same, and hopes to mer?
it the liberal patronage she has hereto?
fore enjoyed.
All persons indebted to said firm must
pay up this fall, as the retiring partners^
want their money. Mrs. C C. Pegg will
receipt for all monies due the late firm,
and settle all outstanding claims.
MRS. C. C. PEGG,
JOHN W. DANIELS,
F. A. DANIELS,
M. J. GRANT.
Ladies' Store, Anderson, S. C, >
_August 13, 1875. j 5?5
FARMERS, ATTENTION I
WE ARE AGENTS FOR THE
ERIE tin IRON WORKS.
And are prepared to furnish at short
notice, an
ERIE STEAM ENGINE
Of bettor proportion, greater strength,
superior finish, and more power, than
any other builder in this country. The
Engine is simple in construction, dura?
ble and easilv managed. We can also
furnish STEAM, HAND and POWER
COTTON PRESSES,
That will pack a 500 lb. bale in from three
to ton minutes. Also, the Cheapest and
Best SAW MILLS. We are also
agents for the celebrated
Needle Cotton Gin,
Which will produce a greater quantity of
lint tbau any other Gin in the market,
and will perform more work in a given
time than any Saw Gin of equal size.
Come and see us before purchasing, and
we will give von a good bargain.
DfWER & BURDGESS,
Anderson Machine Works.
Aug 19,1875_5_3m
STATE OF SOUTH CAROLINA,
county of anderson.
in tjte pbobate court.
T. E. Duncan, E. L. Long. Mary A. Cook,
Mahalv E. Hanks, and others, Plain?
tiffs, against Benjamin Smith, Defen?
dant.?Summons for Belief.
To the Defendant, Benjamin Smith:
YOU are hereby summoned and re?
quired to answer the petition in
this action, which is tiled in the office of
the Judge of Probate for the said County,
and to serve a copy of your answer to
the said petition on the subscribers at
their office, at Anderson C. H., S. C.,
within twenty days after the service
hereof, exclusive of the day of such ser?
vice ; and if you fail to answer the peti?
tion within the time aforesaid, the plain?
tiff in this action will apply to the Court
for the relief demanded in the petition.
Dated August 12, A. D. 1S75.
FEATHERSTON <fe BROWN,
Plaintiffs Attorneys.
To the Defendant, Benjamin Smith:
TAKE NOTICE that the summons in
this action, of which the foregoing
is a copy, was filed in the office of the
Judge of Probate, at Anderson C. H., in
the County of Anderson, and State of
South Carolina, on the 18th day of Au?
gust, 1875.
FEATHERSTON a BROWN,
_ Plaintiffs Attorneys.
THE STATE OF SOUTH CAROLINA,
county of anderson.
COURT OF COMMON PLEAS.
Samuel McGowan, Wm. W. Humphreys
and A. T. Broyles, Plaintiffs, againat
John M. Brooks and Juritta C, his
wife, Defendants.?Summons to Itenew
Execution.
To John M. Brooks and Juritta O. Brooks
Defendants:
WHEREAS, judgment was obtained
in the Circuit Court for the Coun?
ty of Anderson, and State of South Car?
olina, on the third day of February, A.
I). 18(59, in tho above entitled cause,
against John M. Brooks and Juritta 0?
Iiis wife, for tho sum of Three Hundred
and Thirty-nine Dollars and Sixty-six
Cents, with interest from the third day
of February, 1869, and Twenty-six Dol?
lars and Forty Cents costs, and execution
! was duly issued thereon, but the activo
energy thereof has now expired, and it
is desired to have the same renewed.
Now, therefore, you are summoned to
appear at the nexl Term of tho Circuit
Court, to be held for said County, at the
place of holding the same, and then and
there show cause, if any you can, why
said execution should not be renewed ac?
cording to law.
To John M. Brooks and Juritta C.
i Brooks:
TAKE NOTICE, That the summons
in tliis case has been filed this day to re?
new an executiou, issued upon the afore?
said judgment, whoso active energy has
expired, and unless you answer the same
within the time prescribed by law, judg?
ment for stich renewal will be taken.
Dated Anderson C. H., S. C, August
16th. A. 1)., 1875.
MURRAY <t MURRAY
Plaintiffs' Attorneys.
Aug 19, ]87."> o 6