Historical Newspapers of South Carolina

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RATES OF SUBSCRIPTION.?Two Dollars per annum, and Ose Dollar for six months. Subscriptions are not taten for a less period than six months. ? ? Liberal deductions made to clubs of ten or more subscribers. HATES Of ADVERTISIXG.-One Dollar per square ol one Inch for the first insertion, and Fifty Cents per square for subsequent insertions less than three months. No advertisement counted less * hau a square. Liberal contracts will be made with thos^ wishing to advertise for three, six or twelve months. Ad? vertising by contract must be confined to the im? mediate business of the firm or individual contrac? ting. Obituary Notices exceeding five Unas, Tributes of Respect, and all personal communications or matten of individual interest, will be charged for at advertising rates. Announcements of marriages and deaths, and notices of a religious character, are respectfully solicited, and will be inserted gratis. 9' BY HOYT & CO. ANDERSON, S. C, THURSDAY,. APRIL 13, 1876. VOL. XI-NO. 39. LEGAL ADVERTISING.?Wo are compelled to require cash payments for advertising ordered Iry Executors, Administrators and other fiduciaries, and herewith append the rates for the ordinary notices, which will only he inserted when the money comes with the order:' * ; Citations, two insertions,. ? ? >- ? ? $3.00 Estate Notices, three Insertions', - ' - 2.00 Final Settlements, five insertions ? ? 3.00 TO CORRESPONDENTS.?la order to receive attention, communlcaffons must be accompanied by the true.name and address of.Uio writer. Re? jected manuscripts will not be returned, unless the necessary stamps are furnished to repay the postage thereon.' .' 45*- We are not responsible for the views and! opinions of our correspondents. All communications should be addressed to "Ed' itors Intelligencer," and all checks, drafts, money orders, etc., should bo mode payable to the order of HOYT 4 CO., Anderson, 8. C. BERKLEY HALL. BY "LA CAROLINE." CHAPTER XV. "Farewell! a word that must be, and hath been: A sound which makes us linger?yet, farewell!" Hubert Gray retired to his chamber the night after Marion's rejection of his snit with a heart full of contending emo? tions, which made him too restless to sleep. Had his proffered love been scornfully or even coldly refused; bad there been no room for hope, the young soldier could have returned home, and in a few short months or years, perhaps the love which then so absorbed his whole being that it seemed to have been born with him might have been crushed out of his manly breast, and the "Lily Santcc" recalled to memory only some fair, sweet flower, whose rare beauty and delicate fragrance had conferred exquis ite delight in a dimly remembered past But she loved bi^ j' xbe proud South era girl, the peerless Marion Mabam bad confessed S?e }oved him with a passion s?e tfas helpless to control. It was true she bad denied bis suit. She bad even spoken of her love as a bitter sorrow and a deep reproach. "But she loves me and her grief only proves how strong her love," thought the young, man, exulting ly; and hope, radiant, heaven-born hop thrilled bis heart with exquisite joy. "She loves me! she loves me! and shall not love, holy love, conquer?? Sweet heart, poor little fluttering heart do not struggle so wildly to be free Turn from me those soft, pleading eyes I cannot, I will not let you go! You are mine; in the chains of love I hold you mine; and, oh! Marion, love's tyran ny is so sweet! 'Go, forget,' you say I canuot forget; I must cease to live ere I forget the priceless treasure of your love, my peerless 'fieur de Its.'" In such ecstacies of hope did the exgi ted young man murmur as he paced with hasty strides the narrow limits of his chamber until memory recalled the look of earnest resolve upon the face of Marion, and the passiouate exclamation which burst from her quivering lips: " do love you, but I will not be your wife Hubert Gray!" Then the bright flush of hope which had lighted with momentary glow the fine features of Col. Gray was succeeded by an expression of angry de? spair, "No, no, she does not love! She is a woman politician! Woman, gentle wo man, loses her dearest charm when leav ing tne safe limits of her empire?home ?and casting aside the royal prerogatives of mother, wife and daughter, she seeks with her frail strength, and in her untried armour to do battle on the rough and dusty highways with man, declared by omnipotence creation's lord. Then from her pure, fair brow falls the diadem of modesty, which had cast around hex such a halo of uneartfily grace and beauty that proud man himself was constrained to bow before her who, in her humility alone, could conquer. Ah! it 13 of such as these it has been written : 'The heart of her husband doth safely trust in her.' "But no, Marion, dearest and loveliest of your sex, it is not for fame you strive; you do not seek to tread ambition's dan? gerous paths. 'My country! my people!' is your cry. It is upon the altar of pa? triotism that love must be sacrificed. Liberty and patriotism?words of power, sentiments of grandeur, embodiments of a beauty and a glory worthy indeed of a poet's dream, a hero's life and a woman's devotion! Bnt alas, alas! in this poor stricken land of ours, it is, I fear, a senti? ment cherished by a few?a very few? the pure in heart who, conscious of their own integrity of purpose and firm adhe? rence to principle, scorn to deal with brethren as traitors. Thus the magical words liberty and patriotism become the, strongest wires held in the greedy grasp of the wily politician, 'whose thoughts, tending only to ambition, they do plot unlikely wonders,' and the faithful devo? tee of patriotism is left worshipping with blind idolatry the image only?the life? less image of a grand reality. Thus, the patriot becomes a fanatic, and shall I without a struggle yield a life time of happiness to wild fanaticism ? No, uo; I must woo the gentle enthusiaste so earn? estly and tenderly she will be constrained to say me, 'Yes.' But she does not love! she cannot love, or Hubert Gray would be all to Marion Mahara?home, country, kindred, friends! Her words, too, were full of scorn and pride: 'Go, forget me! a daughter of Carolina may not wed a Federal soldier!' 0, no, she cannot love, for ungentle pride and holy love cannot dwell together. Haughty girl, I will obey your proud mandate; I will go, and shame my manhood into forgetting the scornful Southerner! Proud, Bcornful, did I say ? O, Marion, forgive the angry words, the ungenerous thought! "How pale she looked; how deeply marked the sorrow lines in her sweet, young face, and even now I hear the ring of bitter grief in her voice: '0 Hubert, Hubert, your people have robbed us of our glory! A cry of sorrow echoes through the land, mothers and daughters, wives and maidens weeping for their loved and slain. Little children, too? helpless orphans, whose cherub beauty never won the smile ot love from a fond father's face?reflect in their infant faces their mother's .grief. But they are the children of heroes, of patriots whose memories are all that is left us of our departed glory, and we must, we will cherish them, as a precious heritage which will in years to come shed over our land a beauty and a grandeur which will seem not born of earth !' "While listening to her earnest words, I thought truly patriotism is a reality. Liberty still lives, and has found a hiding place in a pure woman's heart! Can I hope to win the gentle enthusiaste to forget her country, on whose altar she has placed hei heart with a devotee's passion? Would, my Marion, that I could restore the fair beauty of your land, the happiness of your people! But the past must remain a thing of the past, and iu that valor which is born of Christian endurance and belongs only to noble nature's, must our whole people find a redress for their sorrows and their wrongs, for are we not one people, and will not, in some not far distant day, the whole body suffer for the blow dealt upon one, even one of its members? God speed the day when the good and true through the length and breadth of this great country, united in one holy brother? hood, taking for their motto, :in omnibus charitca' shall raise once more the watch? words 'Liberty and Patriotism.' Then may we look for the promised blessing happiness. 'Happy is that people that is in such a case, yea, happy is that people whose God is the Lord.'" It was long past midnight before Hu? bert's eyes were closed in sleep, and even his dreams were shadows of his waking thoughts, clothed in fancy's vain but brilliant hues, or in the dark shades of dull despondency. At first his dreams were all of music and of mirth. He walked through bril? liant saloons, filled with throngs of happy faces. He listened with rapture to the soft music which echoed through tho3e halls of pleasure, ever and anon the ten? der melodies, interrupted by a merry, girlish laugh, whose trilling, gushing notes became a quick, and lively inter? lude. Ever and anon by his side, her white band resting lightly on his arm, was the gentle Southern girl into whose willing ear he whispered love's soft noth? ings. There, too, he saw friends and kindred whose faces beamed with kind? ness. The loved and lost had returned to earth again, wearing the forms and features of time's children, upon whose fair but fading beauty we read inscribed the touching wordB, "Passing away, pass? ing away." In Walter's warm grasp, his hand rested, and Annie's sweet, low voice breathed affectionate congratulations.? Mrs. Maham shone as when he had first known her in her summer beauty, and the good Colonel was again the genial host of the gay assembly. But suddenly the scene changed. Iu an old, old church, beside the altar rails stood a young coupje to plight their troth and receive the nuptial blessing. The altar was lighted by numerous tapers, whose dull and glimmering light only served to make more sombre the deep, deep darkness of the other parts of the church in which there was no light at all. The darkness so deep and black, was that of a starless midnight, and all along the narrow aisles were low echoes of unearth? ly sounds. The dull light of the tapers revealed the earnest faces of the youth? ful pair, beaming with love and hope. The beautiful marriage ceremony of the Episcopal Church was nearly concluded. The mutual and solemn vows so sweet to the listening ears of love had been spoken. In the usual short, deep pause which followed th,e minister's asking for the ring, the air seemed to be buzzing with strange sounds which dulled the sense of hearing, and misty visions made the sight dim and wavering. The cere? mony continued, and Hubert, holding the glittering pledge of love and trust in his hand, proceeded to repeat slowly and distinctly the words, "With this ring I thee wed," but ere the ring had touched the maiden's finger, there was a quick flash of glittering steel?a phantom sword cut in twain the golden circle, and a stern voice exclaimed: "The blood of heroes forbid that the daughter of a Maham should wed her country's foe!" Under the influence of those sepulchral tones, the blood of Hubert Gray seemed to freeze in his veins. A3 the cruel words echoed from the dark walls and sank in low whispers along the deep aisles, the hand of his bride slipped from his arm, and vainly did Hubert seek to grasp it. Vainly, too, did he essay through the increasing "darkness to recognize the fea? tures of the shadowy form from which the voice had proceeded. The bride, the minister, the lights passed away into im? penetrable gloom, and Hubert with a violent start, awoke pressing his finger and thumb closely and painfully together to secure the half of the severed ring which had been left him, and murmuring audibly: "It could have been none other, it was, it was the hand of the old hero, Hezekiah Maham, that severed the gol? den circle which would have bound in dissolubly my love to ray life!" With a violent and painful effort, Hu? bert cast off the terrible nightmare which had disturbed his slumbers, and spring? ing" from his bed, he exclaimed: "What a horrible dream ! But, in the language of Hamlet, 'a dream is itself but a shadow,' and shall I, a soldier, be scared even by such ghostly shadows as have darkened the* visions of this troubled night! If ever I am fortunate enough to be a guest at Berkley Hall again, I I will plead for another chamber, for this one is surely haunted, if not by ghosts, by strange and ghostly dreams. My head throbsysod my blood, which a little while ago seemed to have stopped its flow, is now burning and coursing rapidly through my veins. 0, that the daylight would come! I ?vill go and sit by that eastern window that I may cool my brow and watch for the first gleam of morning light." The morning's sun shone brightly on field and wood ; even the old swamp, in its grey morning drapery seemed to smile softly beneath the warming influence of the gay sunshine; but the sad faces of the irfmates of Berkley Hall wore a still deeper shade of sorrow, when the Federal soldier said good-bye. Hubert, watchful for an opportunity, (although Marion, with womanly tact and adroitness, sought to evade him) found himself a few moments alone with her before leaving Berkley. Eagerly he questioned: "0, Marion, why do you shun me ? Is your answer still the same ? Have you no word of hope for me this morning?" "None, none," broke in trembling ac? cents from the quivering lips of the girl. "0, Marion, think what you do, when you deprive a hman heart of hope. One request I make: that you will for two years at least encourage no other attach? ment, and that you will not banish me from your thoughts, but cherish my im? age, as one whose life-time of happiness is wrapped up in your love and your fidelity. I will not urge you to be my wife now, but be my dearest friend; per? mit to visit you, to correspond with you ; let us reason together, and when time has, soothed your sorrows and healed the wounds of your bleeding country, let me hope to win to my heart and home my beautiful Southern flower: I cannot say as you do, 'Forget me,' even if it gives you pain; I would be remembeted.? Will you promise theu to cherish my memory ?" Slowly, and with painful effort, Marion replied: "Col. Gray-" "Call me Hubert, not Col. Gray!" ex? claimed the young man, excitedly, inter? rupting her. "Call me but love, and henceforth I never will be Romeo!" "Well, then, Hubert, my friend, I dare not promise what you ask. I may never unlearn love's lesson ; I may never teach this poor, weak heart to still its wild commotion when it hears the name of Hubert Gray, or when memory, overleap? ing all barriers, careless of curb or bridle, recalls the image of our faithful friend. Yet, I dare not bid you hope. Duty should be the soldier's, the hero's and the Christian's watchword. I will strive to think of Hubert Gray only as a noble, generous friend, and in the effort, even if unsuccessful, I will find happiness, be? cause mine will be the path of duty. 0, Hubert, as Christians, let us, guided by reason, seek to act rightly in all things." "Love talres not reason for Counsel? lor," said the young man, pettishly. "Then, take him for physician,"* said the girl, quickly replying to the quota? tion, while a smile, full of arch raillery, for a few moments beautified her sweet countenance. Hubert sighed as he gazed admiringly upon the bright young face, and thought of the happy past, when no shadow of sorrow ever lingered there, except a sor? row for the woes of others. "You use cold, hard words," he replied. "Reason and duty, words not written in love's vocabulary; and with them you seek to scare young love away. But you cannot deprive me of hope. Wrapped in the soft, bright folds of hope's warm warmth, my love shall fear neither the hammer? ings of duty or the frost of reason. You will let me write some times, and-" "Come, Hubert, the buggy is ready, and if you will not stay longer with us, it is time to go, or we will miss the train," said Harry, entering the parlor, wholly unconscious of the interesting tete a tete he had interrupted. "Then, good-bye; / will hope that we may meet very soon again," said Hubert, taking Marion's cold and passive hand in his, and emphasizing the words, "I will hope." Her only reply was a glance from her tear-dimmed eyes, which spoke eloquently of constant love, but firm denial; it entreated, too, forgiveness for pain given. Hubert understood only too well the language of that earnest look. Mrs. Maham wept to part with Walter's friend, and would not let him go without a promise to make another and an early visit to Berkley Hall. "O, yes, Hubert," said the warm? hearted Harry, "you must not entirely forget your poor Southern friends." As they drove from the door, the dis? carded Federal soldier looked up to the window for another glance at the sweet, pale face of the Southern girl. But she was gone! In the quiet of her own chamber Marion Maham battled bravely with a love she deemed unworthy a daughter of crushed Carolina. "Harry," said Hubert, just before they reached the depot, "I have never known the love of sister or brother. I delighted in calling Walter both friend and broth? er, but he is gone now, and except my dear mother's claims, I am bound by none of the sweet ties of kindred. Har? ry, will you be my brother? Let us throw across the deep, wide gulf created by sectional prejudices and party strife, a bridge of love. Harry, can you do this? Can you forgive and forget? Can you give me a brother's love ?" "Yes, I can; I will, Hubert. I have always loved and admired you. Your nobility of character compelled my es? teem the first visit you made to Berkley Hall. I have nothing to .forgive in Hu? bert Gray, and only great obligations to remember, which entitle you to my warmest gratitude. O, if all of your people were only like Hubert Gray, both brave and generous, there could have been no strife between your people and my people. But let bye gones be byc gones, between us at least; and, believe me, I am proud of my brother Hubert!" said Harry, warmly grasping the hand of the Federal soldier. There was a short pause, and Hubert spoke again, but this time hesitatingly, while a crimson flush suffused his fine* features: "I sec, Harry, that you and yours, in common witli your suffering people, are, and will probably be for some time, pecuniarily straitened by the unsuccessful and terrible struggle through which you have passed. I have means and money more than enough for my J wants. Will not my dear brother share my abundance with me? Harry, you have promised me a brother's love-" ?"Though love use reason for Iiis precision, he admits him not for counsellor." Most probably the poet wrote "physician," in? stead of "precision." Sec Stevens' notes on I "Merry Wives of Winsor." "I did not purpose to sell my affec? tions," said Harrj', interrupting him ab? ruptly, and speaking in a hurt voice. Hubert observing the same proud look on Harry's face which had glowed with momentary anger on that of his sister the evening before, hastened to say in a voice of apologetic entreaty: "Take my aid as a loan, only as a loan, to return whenever it suits you." Then, reproach? fully, he continued: "Am I not your adopted brother? Would you refuse aid from a Southerner ?" The proud look was gone from Harry's face, and he answered very gently: "I thank you, dear Hubert, and appreciate your noble and delicate generosity, but I cannot accept your offer. I do not think I would accept it under the present cir? cumstances from a Southerner, for I have no prospect now of ever repaying a loan of any considerable value. But I must be truthful, Hubert, and confess that although I love and esteem you as a man, a friend, a brother, yet I would not will? ingly place myself under pecuniary obli? gations to a Federal soldier. Our wounds are still fresh and bleeding, and we natu? rally shrink from every touch. Time, with its healing, soothing power, in scarring over these wounds, may change my feelings; I know not, for I cannot fathom them. Indeed, in these things I know not my own heart, so filled it seems to be with contrary emotions. But, Hu hert, my friend, my brother, I know I do esteem, honor and thank you! But-" "The chasm is still too wide and deep for human hands to bridge. The love of God only operating in the hearts of erring men can impel us to leap the yawning gulf, whose dark waters, seeth? ing and foaming, cast up perpetually the mine and dirt of our corrupt hearts?em? ulations, wrath, strife and bitter envy ings," said Hubert, interrupting Harry, and speaking sadly. "But, Harry, should the time ever come that I can assist you, and you are not still too proud to accept a brother's aid, will you appeal to Hubert Gray?* "I will, Hubert, I will most surely! But I do not fear poverty, for am I not rich in youth, and strength, and hope, and love?" said Harry, his face glowing with manly pride and courage. Hubert sighed; how gladly he felt would he have exchanged his gold for Harry's wealth of hope and love. "Yonder, yonder comes the train! We are just in time to catch it," cried Harry. "Good-bye, Harry I" "Good-bye, Hubert!" The friends had wrung each other's hands hardly, and parted. * The train had come and gone. The crowd of busy, anxious, eager faces which had gathered at the depot, were gone, too. Harry stood alone as if rooted to the spot on which he had said good-bye to his noble friend. Harry, the once gay, light-hearted, carelsss Harry Maham was lost in reverie. His heart was crowded with thoughts and feelings which, as he himself said and said truly, he could not understand, so contrary were they in their varied and varying emotions.? Love, gratitude, respect and admiration were the sentiments he entertained for Hubert Gray; but he grieved that his friend was on the wrong side, as he called it. "Strange, strange, indeed!" said the young man, musingly, "four years ago, I would have sworn it impossible that truth, honor, magnanimity and heroic courage could adorn the character of one who would take up arms against us. But so it is. All these are Hubert Gray's. 'He is a man, take him for all in all; I shall not look upon his like agaiu ;' and sure I am, among his people there are no more like him. His virtues are the op posites of their vices. He would not trample upon the weak!" Softly, inter? rupting the harsh words, and mingling with the solemn dirge of the old majestic pines, came a gentle whisper, "Charity hopeth all things, endureth all things." But the gentle whisper fell unheeded, for lifting his eyas towards the old church, undcr-whose shadow the dust of genera? tions of loved ones rested, he thought of them?those brave old fathers, whose courage and endurances, with God's blessing, had won so fair a heritage for their children; and .e gentle mothers of the past who had rocked heroes in their arms. The thought, too, of his own loved father, brother and comrades whose graves, scattered throughout the weeping land, were watered by the tears of loving but stranger hearts. Then a feeling of inexpressible bitterness swelled his breast, and he murmured angrily and audibly: "Their children's right is freedom ! To wrest it from us, is the work of ill gotten power in the hands of envious, greedy tyrants, cowards and false-hearted trai? tors !" Then again came the same sweet and solemn voice with the pine tree's moan: "Bless your enemies." The sweet, low voice of admonition touched a responsive chord in the impul? sive heart of the young soldier. With deep reverence, and in holy awe, Harry bowed his uncovered head, until the whispered words seemed to have died away among the white stones of the old grave-yard. Then in a voice from which pride's harsh, discordant tones were driv? en away, he exclaimed : "I hope in Thy word, therefore shall my heart praise Thee, because of thy righteous judg? ments." ? The most beautiful girl in the Uni? ted States lives in Fulton, Missouri.? She was at the college soiree on Friday evening last. Her eyes send forth a light so effulgent and magnetic that strangers become spell bound under its influence, I and stand rudely gazing. Her checks bear a bloom like the sunny side of an early peach. A pearl would seem almost black beside her teeth. Her form is so graceful that men worship before seeing her face. Her hands suggest the idea of waxen fingers, tipped with vermilion. Her smile seems actually to illuminate her presence, and when she laughs the listener fancies he hears sweet music in the distance. THE ENFORCEMENT ACT. Full Abstracts of the Supreme Court Decisions. . The Supreme Court of the United States has recently made important de? cisions in the Kentucky Election case and in the Grant Parish case, both arising under the provisions of the En? forcement act of May 31, 1870. In the Grant Parish case, the Supreme Court sustains the order of Judge Bradley, in arrest of judgment upon the verdicts, and the causes are remanded with instructions to discharge the defendants. The Ken? tucky election case is likewise decided by the Supreme Court adversely to the En? forcement act. This was the case of the inspectors of elections who refused to re ceive the votes of two citizens of African descent. These decisions have been awaited with great interest not only by members of the bar, but by Congress and the people generally throughout the country. Last spring, when the Grant Parish case was argued before the Supreme Court, such eminent lawyers as the late Reverdy Johnson and Mr. David Dudley Field took such interest in the matter, and re? garded the questions dependent upon the deision of the court as of such vital moment to the best interests of the coun? try, that they went tb Washington and argued for what they considered the con? stitutional rights of the people without money and without price. The enforcement act of 1870 was the beginning of the series of the acts by which Congress undertook to control the whole machinery of the elective fran? chise, and to take from the States the protection of the rights of the citizens. It has been considered that upon the validity of the initial act depends the validity of the subsequent acts, as they are all based on the same idea of the paramount power conferred upon Con? gress by the late constitutional amend? ments. Hence the interest with which the decision of the Supreme Court has been awaited on all sides, and the anxiety experienced in consequence of the long delay of the court in announcing its opinion. The opinion in both cases was written and delivered by the chief justice. In the Grant Parish case the opinion .is confined almost entirely to .the discussion of the different counts of the indictment under which Cruikshank and the others in the' case were apprended. It is de? creed that the counts of the indictment are defective, because the specifications are too vague and too general. But the opinion nowhere gives expression upon the constitutionality of the enforcement act itself. It was said by members of the bar that it was very evident the court wished to avoid a direct decision upon the act. In the Kentucky* case the court is not so guarded in its language. It here sets forth its doubts as to the power of Congress to enact such sweeping legis? lation, and hints at the dangers to follow from such a power. This much may be deduced from the opinion of the Court in the two cases, that although it does not positively de? cide the act unconstitutional in such terms as to estop any further prosecutions under it, yet that in all cases which are likely to arise under the act, the Court can do no less if an appeal is taken to it than to dismiss them, as it has the two cases in point. Practically this makes the enforcement act a dead letter, and it can hardly be avoided in some of the cases which may hereafter come in re? view before the Court that it must decide unequivocally as to the constitunality of the act. HISTORY OF THE GRANT PARISH CASES. The cases grew out of a riot in Grant Parish, Louisiana, in 1873. A number of negroes were killed, and indictments under the so?called Enforcement act, were found against certain white persons charging them with conspiracy to deprive colored citizeus of their rights, &c, and with murder. Ninety-eight whites were indicted, and nine of them were tried in the United States Circuit Court. The first trial resulted in a disagreement of the jury, and the second in a conviction of the accused. A motion was made in arrest of judgment before Judge Bradley, of the United Scates Supreme Court, and Judge Wood. In an elaborate opinion, holding the indictments to be illegal, Judge Bradley argued that when any rights or privileges of the citizen are only secured in the Federal Constitution by a declaration that the State or the United States shall not violate or abridge them, it is at once understood that they are not created or conferred by the Constitution, but only guaranteed against impairment.' The thirteenth Constitutional amend? ment, he argued, clothes Congress with the power to pass laws for the prosecution and punishment of those \s ho.deprive any person of the rights it confers. The fif? teenth amendment, while securing to the colored people the right to vote, "does not," says, Judge Bradley, "confer the right to vote. It only confers a right not to be excluded from voting by reason of race, color-or previous condition of servi? tude, and this is all the right that Con? gress can enforce." The real difficulty in the cases before the court, was to de? termine whether the amendment has given to Congress auy power to legislate, except to furnish redress where the States violate the amendment. On this point the Court inclined to the opinion that Congress had the power to secure that right, against the unfriendly operation of State laws, and agaiust outrage and com? binations, &c, on the part of individuals, irrespective of State laws. The question was then considered whether the four? teenth constitutional amendment em? powered Congress to pass laws for direct? ly enforcing all privileges and immuni? ties of citizens of the United States, by original proceedings in the United States Courts, and Judge Bradley held that the legislation required from Congress is only such as will provide a remedy or duo punishment for trespasses, and will provide appeals from the State Courts to the United States Courts in cases that come up for consideration. In his opin? ion, therefore, the indictments were fatally defective. The cases went up to the Supreme Court and were there elabo? rately argued. The following arc abstracts of the opinions: THE LOUISIANA CASE. The United States, plaintiffs in error, vs. Wm. J. Cruikshank, Wm. B. Irwin and John P. Hadnot, in error to the Cir? cuit Court of the United States for the district of Louisiana Mr. Chief Justice Waitc delivered the opinion of the court. This case comes here with a certificate by the judges of the Circuit Court for the district of Louisiana that they were divided in opinion upon a question which occurred at the hearing. It presents for consideration an indictment containing sixteen counts, divided into two scries of eight counts, each based upon section six of the enforcement act of May 31, 1870. That section is as follows : "That if two or more persons shall band or conspire together, or go in dis? guise upon the public highway, or upon the premises of another, with intent to violate any provision of this act, or to injure, oppress, threaten or intimidate any citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege granted or secured to him by the Constitution or laws of the United States, or because of his having exercised the same, such person shall be held guilty of felony, and on conviction thereof shall be fined or imprisoned, or both, at the discretion of the court, the fine not to exceed $5,000 I and the imprisonment not to exceed ten | years, and shall, moreover, be thereafter inelligible to and disabled from holding any office or place of honor, profit or trust created by the constitution or laws of the United States." The question certified arose upon a motion in arrest of judgment after a ver? dict of guilty generally upon the whole sixteen counts, and is stated to be whether the said sixteen counts of said indictment are severally good and suffi? cient in law, and contain charges of criminal matter indictable under the laws of the United States. The general charge in the first eight counts is tnat of "banding," and in the second eight that of "conspiring" together to injure, oppress, threaten and intimidate Levi -Nelson and Alexander Tilman, citizens of the United States, of African descent, and persons of color, with the intent thereby to hinder and prevent them in their free exercise and enjoyment of rights and privileges granted and secured to them in common with all other good citizens of the United States by the con? stitution and laws of the United States. The offences provided for by the statute in question do not consist in the mere banding or conspiring of two or more persons together, but in their banding or conspiring with the intent or for any of the purposes specified. To bring this case under the operation of the statute, therefore, it must appear that the right, the enjoyment of which the conspirators intended to hinder or prevent, was one granted or secured by the constitution or laws of the United States. If it does not so appear the crimiual matter charged has not been indictable* by any act of Congress. We have in our political sys? tem a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights within its jurisdiction it must protect. The same person may be at the same time a citzen of the United States and a citizen of a State, but his rights of citizenship under one of these Sovernments will be different from those e has under the other. The duty of a government to afford protection is limited always by the power it possesses. The opinion here elaborates the character of the government under the constitution and its relation to the States, showing that it was erected for special purposes and endowed with all the powers necessary for its own preser-1 vation and the accomplishment of the ends its people had in view. It can neither grant nor secure to its citizens any right or privilege not expressly or I by implication placed under its jurisdic? tion. The people of the United States resident witnin any State are subject to two governments?one State and the other National?but there need be no conflict between the two. Thus, if a marshal of the United States is resisted and an assault made, the sovereignty of the United States is violated by the re? sistance and that of the State by the breach of the peace in the assault. So, too, in the case of counterfeiting. The citizen owes allegiance to the two depart? ments, so to speak, and within their re? spective spheres must pay the penalties which each exacts for disobedience to its laws. ? The government of the United States is one of delegated powers alone. Its authority is defined and limited by the constitution. All powers not granted to it by that instrument are reserved to the States or the people. No rights can be acquired under the constitution or laws of the United States except such ?s the government of the United States has the authority to grant or secure. All that cannot be so granted or secured are left under the protection of the States. The indictment is then examined at length. The first and ninth counts state the intent of the defendants to have been to hinder and prevent the free exercise of the right to peaceably assemble with each other for a peaceful and lawful pur? pose. This right existed long before the adoption of the constitution of the United States. It was not therefore a right granted to the people by the constitution. The right was not created by the amend? ment to the constitution, neither was its continuance guaranteed, except as against congressional interference. For their | protection in its enjoyment therefore the I people must look to the States. The right of the people peaceably to assemble for the purpose of petitioning Congress for a redress of grievances, or for any? thing else connected with the powers or duties of the national government, is an attribute of national citizenship'. If it had been alleged that the object of the meeting was lor such a purpose the case would have been different. The second and tenth counts are equally defective. The right there specified is that of bear? ing arms for a lawful purpose. This is not a right granted by the constitution. The third and eleventh counts are even more objectionable. They charge the in? tent to have been to deprive the citizens named, they being in Louisiana, of their respective several lives and liberty, with? out due process of law. It is no more the duty or within the power of the United States to punish for a conspiracy to falsely imprison or murder within a State than it would be to punish for false imprisonment or murder itself. * The fourteenth amendment prohibits a State from depriving any person of life, liberty or property without due process of law, but this adds nothing to the rights of one citizen as against another. The fourth and twelfth counts charge the intent to have been to prevent citi? zens who were of African descent in the free exercise of thejr several rights, &c. There is no allegation that this was done because of the race or color of the persons conspired against. Stripped of verbiage the count means nothing more than that certain citizens of the United States, bciug within the State of Louisiana, were prevented from enjoying the equal pro? tection of the laws of the State and of the United States. The - fourteenth amendment prohibits a State from deny? ing to any person within its jurisdiction the equal protection of the laws ; but this provision does not any more than the one which precedes it, and which we have just considered, add anything to the rights which one citize? has under the constitution against another. The equal? ity of the rights of citizens is a principle of republicanism. Every republican government is in duty bound to protect all its citizens in the enjoyment of this principle, if within its power. That duty was originally assumed by the States, and it still remains there. The only obliga? tion resting upon the United States is to see that the States do not deny the right. This the amendment guarantees, but no more. The power of the national gov? ernment is limited to the enforcement of this guaranty. No question arises under the civil rights act of April 9. 1866, (14 stat., 27.) which is intended for the pro? tection of citizens of the United States in the enjoyment of certain rights without discrimination on account of race, color or previous condition of servitude, be? cause, as has already been stated, it is no where alleged in these counts that the wrong contemplated against the rights of these citizens was on account of their race or color. Another objection is made to these counts that they are too vague and uncertain. The sixth and fourteenth counts state the intent of the defendants to have been to hinder and prevent the citizens named, being of African descent and colored. In the United States vs. Reese, just de? cided we hold that the fifteenth amend? ment has invested the citizens of the United States with a new constitutional right, which is exemption from discrimi? nation in the exercise of the elective franchise on account of race, color or previous condition of servitude. From this it appears that the right of suffrage is not a necessary attribute of national citizenship, but that exemption from dis? crimination in the exercise of that right on account of race, &c., is. The right to vote in the States comes from the States, but the right of exemption from the pro? hibited discrimination comes from the United States. The first has not been granted or secured by the Constitution of the United States, but the last has been. Inasmuch, therefore, as it does not ap? pear in these counts that the intent of the defendants was to prevent these par? ties from exercising their rights to- vote on account of their race, &c., it does-not appear that it was their intent to inter? fere with any right granted or secured by the Constitution or laws of the 'United States. We may suspect that race was the cause of the hostility, but it is not so averred; th' is material to a description of the substance of the offence, and can? not be supplied by implication. Every? thing essential must fee charged positively and not inferentially. The defect is not in form but in substance.. The seventh and fifteenth counts are ho better than the sixth and fourteenth. The intent here charged is to put the Earties named in great fear of bodily . arm.. There is nothing to show that the elections voted at were any other than State elections, or that the conspiracy was formed on account of the race of the parties against whom the conspirators were to act. The charge as made is really nothing more than a conspiracy to commit a breach of the peace within a State. We are, tberefore, of the opinion that the first, second, third, fourth, sixth, seventh, ninth, tenth, eleventh, twelfth, fourteenth and fifteenth counts do not contain charges of a criminal nature made indictable under the laws of the United States, and consequently they are not good'and sufficient in law. They do not show that it was the intent of the dc fendants, by their conspiracy, to hinder or prevent the enjoyment of any right granted or secured by the constitution. The fifth and thirteenth, the "eighth and sixteenth counts are now considered. The intent in the first two is to hinder and prevent in their rights as citizens of the United States and the State of Lou? isiana, for the reason that complainants were persons of African descent and race; and in the other two to hinder and pre? vent them in the exercise of rights grant? ed by the constitution and laws of the United States. The conclusion - is irre sistible that these counts are too vague and general. They lack the certainty and precision required by the established rules of criminal pleading. It follows that they are not good and sufficient in law. They are so defective that no judg? ment of conviction should be pronounced upon them. The order, of the Circuit Court arresting the judgment upon the verdict is therefore affirmed, and the cause remanded with instructions to dis? charge the defendants. Mr. Justice Clifford dissented from the opinion, but concurred in the judgment. THE KENTUCKY CASE. The United States, plaintiff, vs. Hiram Reese and Matthew Foushe, in error to the Circuit Court of the United States for the District of Kentucky, Mr. Chief Jus? tice Waite delivered the opinion of the court. This case comes here by reason of a division of the opinion between the judges of the Circuit Court in the District of Kentucky. It presents an indictment containing four counts, under Sections 3 and 4 of the act of May 31, 1870,16 Stat. 140, against two of the inspectors of the municipal election in the State of Ken? tucky, for refusing to receive and count at such election the vote of Win. Garner, a citizen of the United States of African descent. All the questions presented by the certificate of division arose upon gen-1 eral demurrers to the several counts of the indictment. In this court the United States aban? don the first and third counts and ex? pressly waive the consideration of all claims not arising out of the enforcement of the fifteenth amendment. The power of Congress to legislate at all upon the subject of voting at State elections rests upon this amendment, and the inquiry arises whether the act now under consid? eration is "appropriate legislation" for its enforcement Every man should be able to know with certainty whether he is i committing a crime, and it remains to be considered whether a statute so general in its provisions as this can be made available for the punishment of those who may be guilty of unlawful discrimi? nation against citizens of the United States while exercising the elective fran? chise on account of their race, &c. The question then to be determined is whether we can introduce words of liui tation into a penal statute so as to make it specific, when as expressed it is gener? al only. It would certainly be dangerous if the Legislature could set a net large enough to catch all possible offenders and leave it to the courts to step inside and gay who could be rightfully detained and who should be set at large. This would to some extent substitute the judi? cial for the legislative department of the government. Congress is supreme and beyond the control of the courts; but if it steps outside of its constitutional limitations and at? tempts that which is beyond its reach, the courts are authorized to, and when called upon in due course of legal pro? ceedings must, annul its encroachments upon the reserved power of the States and the people. To limit this statute in the manner now asked for would be to make a new law, not to enforce an old one. This is no part of our duty. We must, therefore, decide that Congress has not as yet provided by appropriate legislation for the punishment of the of? fence charged in the indictment, and that the Circuit Court properly sustained the demurrers and gave judgment for the defendants. This makes it unnecessary to answer any of the other questions certified, since the law gives the presiding judge the casting vote in cases of division, and authorizes a judgment in accordance with his opinion. (Rev. stat., sec. 620.) If we find that the judgment as rendered is correct, we need not do more than affirm. If, however, wc reverse all questions cer? tified which may be considered in the final determination of the case according to opinion we express should be an? swered. The judgment of the Circuit Court is affirmed. Dissenting, Mr. Justice Hunt. Mr. Justice Clifford dissented from the opin? ion, but concurred in the judgment. What Constitutes a Good Fertilizer. No ordinary cultivated plant can thrive without a sufficient supply of each of a number of substances needed for its food. With an abundance of all of these in forms in which the plant can use them, and with other circumstances favorable, the plant will flourish and the yield will be large. But if the available supply of one of them be too small, a light yield is inevitable. Every ordinary soil contains all of the ingredients of plant-food. In "worn out" soils the available supply of one or more of these is generally insuffi? cient. Fertilizers supply the plant with food which the soil lacks. Barnyard manure not only does this, but also improves the soil as a living place for plants. Lime and plaster (sulphate of lime) are neces? sary as plant food, but, as fertilizers they are chiefly valuable in rendering other plant food available to crops. The in? gredients of plant-food generally most lacking in our cultivated soils, are nitro? gen, phosphoric acid, and potash. The ' usefulness of guanos, superphosphates, bone manures, poudrettes, potash salts, and .other similar fertilizers, depends mainly upon these ingredients. Such fertilizers are generally more or less val? uable in proportion as they contain larger or smaller per centages of nitrogen, phos phoric acid and potash, and as these are iu form more or less available to the plant. If all the other conditions for a profitable crop of corn or turnips are fulfilled in a soil, except that phospheric acid is difi cient, then phosphoric acid must be sup? plied. This may be done with bone, which contains a large percentage of phosphoric acid combined with lime as "phosphate of lime." Now, brother farmers will wish to know what fertilizers to select. To de? cide, he must first learn what bis soil lacks, and then see where he can obtain the needed ingredients in the best form and at the lowest cost Whether his land needs nitrogen* or phosphoric acid, or potash, or all of these, he can best learn, unless he has the experiments, on a small scale, with high-grade phos? phates, nitrogenous fertilizers, or potash salts. If he desires simply to enrich his land, and is in no special hurry for ' a return, let him select those which furnish the largest amount of nitrogen or phosphoric acid, or potash for his money. But if, as be says, he wants a fertilizer to act quick? ly, and bring bis crops'forward so as to keep them out of the way of frost/ or prepare them for an early market, let him select superphosphates with a good percentage of soluble phosphoric acid; and nitrogenous manures, with the nitro? gen in a readily available form, as nitrate of soda, or sulphate of ammonia, or Peru? vian guano; or if these are not easily to be had, dried-blood, fish-scrap, or finely pulverized, steam bone-dust. Judge Mackey Charged With Be? ing c0nspicuo8ly Inexact.?The Lan? caster Ledger accuses Judge Mackey of downright falsehood in. the statement made by him to the Chester grand jury of the facts and circumstances connected with his discharge of the Lancaster grand j ury. The Ledger says: 1st. The Court was not in session)when the difficulty occurred, nor did the pre? siding Judge know anything , of it until about one hour after it did occur. And he was then informed of it by the clerk of the Court 2d. Consequently there was noycrowd rushing from the Court House or through the streets. 3rd. The editor of this paper visited the wounded man in company with the sheriff about one and a half hours after the occurrence, and found his wound dressed, and he comfortably sleeping in his room at the hotel. There was no ex? citement on the streets, and but very lit? tle at the time the affair occurred. 4th. Gardner, who tbe Judge says is a notorious desperado, is a young roan about twenty years old. This is the first difficulty we have ever known him to be engaged in. The young man who was shot was about the same age of Gardner, and were intimate acquaintances. They were both under the influence of liquor at the time of the occurrence. 5th. The ball did not enter the head, but entered the right side of the face, and tame out on the left side of the nose. 6th. The facts (?) recited by Judge Mackey were never made known to the grand jury, and tbe Judge must have picked them upon the streets or in his se? cret caucuses.. ' 7th. As to the dogs "licking tbe blood of Gardner's victim*" such an expression is characteristic of Judge Mackey. It is unnecessary for us to contradict such a statement. Every sane man knows that it is not so. 8th. The Judge charges the grand jury of Lrncaster with "a deliberate violation of a most solemn oath." In other words, that tbey have perjured themselves. . The grand jury of Lancaster are made out of different material from what we think they are, if they do not give Judge Mackey the opportunity to prove this as? sertion in the Courts. Cheer up.?Don't spend your time in groaning over dull times, nor feel dis? consolate over the future. Don't cross the bridge until you come to it. Don't growl but keep a cheerful coun? tenance, speak encouragingly to your neighbors, and thus seex to encourage rather than depress those with whom you come in contact. If you are in debt, pay as much and as fast as you can. No reasonable man ought to expect more than this. But to lock up money and refuse to pay your honest debts, is a foolish and a wicked thing; and this sort of work has done more than anything to cause general dis? trust, and to keep it up. This distrust of one another is the real cause of the pres? ent stagnation of business. Finally let everybody do his best, pay his debts as fast as he can, live economi? cally, and wait for the good time. It will come; money will begin to circulate and business revive. Help to bring it about by all you can do, and urge your neighbors to do likewise and then watch, wait and pray for the "Good time com? ing." ? The grand jury of Polk Couuty, Ga., besides attending in a faithful man? ner to numerous other duties, thus ad? monishes two editors: "We also feel it our duty to censure the course and con? duct of our two newspapers toward each other, and urgently request the two edi? tors to cease wrangling about themselves and branch off into agricultural articles, or others that will tend to develop the interests and welfare of our cduntry." ? A few years ago you could sit up and talk philosophy with a girl all night; but now if you stay after one or two o'clock in the morning the old people begin to pound on the floor up stairs for you to go. We don't mind it ourselves, but we can't help feeling for the girls.