Historical Newspapers of South Carolina

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?SAZSS^QF.. SUSSCRLPTl&X.-Jyro Dollaxs per annum, and Oxb Dollar for aix months. Subscriptions are not taken for a leu period than six aaonths. Liberal deduction! made to clubs of ton or more subscribers. RATES OF ADVERTISING.?One Dollar p*r ? quare ot one ineb for the first insertion, and Fifty Cents per square for subsequent insertions less than three months. No advertisements counted lees tHsn a square. Liberal contracts will be made with those wishing to advertise for three, six or twelve mouths. Ad? vertising by contract must be confined to the im? mediate business of the firm or Individual contrac? ting. ' 1 Obituary Notices exceeding five lines, Tributes of Bespect, and all personal communications or matters 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 ELECTION OF COUNTY OFFICERS. A Decision of the Question whether theke was a lawful election^by County Officers in Novembeb? An Appeal to the Supbeme Coubt. Before Judge Reed, in the Court of General Sessions for Charleston County, an agreement was made in the case of Jacob Williman vs. John H. Ostendorff, who were co n t es tints for the Cleric of the Court in said County, to. hare a contro? versy without action, or a friendly suit to determine which of the contestants was entitled to the office. The question in difference submitted to the Court was whether, under the Constiution and laws of the State of South Carolina, Mr. Wil? liman, as holding the office till his succes? sor should be elected and qualified, is such clerk, or whether Mr. Ostendortt is such successor and entitled to the office by reason of the-rotes cast for him on the 7th November, 1876, and the subse? quent declaration of the board of State canvassers. It was-agfeed tnat Mr. O^errddrff had been commissioned, and had taken the oath of office and given the bond as re? quired by law, and is in all respects duly qualified to perform the duties of said office, provided that the 7th day of No? vember was the proper day for holding the election for said office. The case was elaborately argued on both sides, and. Judge Reed announced. his decision and opinion in the-case as follows^ In Be. Jacob Williman and John H. Os? tendorff, to be Clark of CouvL?Conlro vcrtj!mu&tir Action. To determine the .question submitted to! the Court in the case made, it is neces? sary to recur to and state the principal constitutional and legislative provisions in regard to the election of State and county officers. f It is provided by Section 11, Article 2 of the Constitution, reading it as amen? ded in 1872-3, that "the first election for Senators and Representatives * * * shall be held on the 14th, 15th and 16th days of April of the present year, (1868) and the second election shall be held on the third Wednesday in October, 1870, and forever thereafter on the first Tues? day following the first Monday in No? vember in every second year." So that the 7th November last was unquestiona? bly the day fixed by the constitution for the election of members of the General Assembly. In Article 3, Section 2 and 5, it is pro? vided that the Governor and Lieutenant Governor "shall be elected at the first genera! election held under the constitu? tion for members of the General Assem? bly, and at each general election there? after." The term general election is ap? plied by the constitution to the election of Senators and Representatives, and would seem to be fixed thereby. In section 23 of the same article it is provided-thafc "there shall be elected by the qualifier! voters of the State a "Comp? troller General, a Treasurer and a Secre? tary of State, who shall hold their respec? tive offices' for the term of four years," but no time is fixed for the election. Section 19 of. Article 4 provides that three persons shall be elected by the qualified voters of each county for the term of two years, who shall constitute a board of County Commissioners, but no time is prescribed for their election. Section 20 provides for the election of a Probate Judge for each county for the term of two years, but is silent as to the time of election. Section 27 provides that "thereshall be elected in each county * * * one Clerk of the Court * * * who shall hold his office for four years, and until his successor shall be elected and quali? fied/' but fixes no time for his election. Section 28 provides that "an Attorney General for the State shall be elected by the qualified electors for the term of four years," fixing, however, no time for the election. Section 30 provides for the election of a Sheriff ana * Coroner for each county, fiv the term of four years each, but is silent as to the ti me of their election.. Section 1, Article 10, provides for a Superintendent of Education, who shall be elected at the same time that the State officers are elected. Section 3, Article 13, provides for the election of an Adjutant and Inspector General at the same time that the State officers are elected, and Section 10, Article 14, directs the time when all State officers shall be elected, to wit: at the general election of Senators and Representatives, which is, as has been shown, "on the first Tuesday follow? ing the first Monday in November of every second year," as to those officers whose term is for two years, and in every fourth year as to those whose terms are for four years. The constitution is, therefore, entirely silent as to the time when county officers shall be elected, and has been so regarded and treated by the convention that framed it, and by the General Assem? bly. This, as to the constitution, is demon? strated by an ordinance ratified on the 7th of March, 1868, to be found in the Revised Statutes immediately following the constitution; and as to the General Assembly, by the legislation that has been bad on the subject. By the ordi? nance referred to, an election was oidered to be held for the. ratification of the con? stitution and the election of State officers on the 14th, 15th an<t 16th days of April of the same year, and a board of com? missioners, appointed by the same ordi? nance, were authorized aud required to order an election for all county officers, to be held within thirty days after the rati? fication of the constitution. The first election fi^r'county officer* waa provided for, therefoTey* by the" cohVen*tion that framed the constitution, and was held in fmrsuance of the ordinance in May, 1868, eaving it to the General Assembly to provide for all f?ttire elections. This they proceeded to do, and the first, act on the subject to which my at? tention has been called is that of the 14th of February, 1870, as re-enacted in the Revised Statutes, part 1st, title 2d, chap? ter 10, page 38, "of the election of county officers." The first 8ection of that act provides that "there shall be a general election for the election of the following county officers, to wit: Judge of Probate, County Commissioners, School Commis? sioners, held in each county on the third Wednesday of October, 1870, and on the same day in every second year thereafter, and for the election of Sheriff and Clerk of the Court of Common Pleas on the third Wednesday of October, 1872, and on the same duy in every fourth year thereafter." By the second section of the County Commissioners' act of the 13th of April, 1875, (15th Statute, 986,) an effort was made to take the election of these officers out of the act referred to, which effort was consummated by the act of 24th of March, 1876, (16th Statute, 163,) and the election of County Commissioners is now fixed to come off with the general elec? tion in November of every second year. These acts demonstrate that the Legisla? ture of 1375-76 did not consider the time for electing county officers as prescribed by the constitution, or by any statute ip relation to the; (Jcneral'election, as providea for in that instrument. The term general election, as will be seen, was applied in the constitution only to the election of *nembers of the Gen? erat Assembly, but ?ere the Legislature applies it to the election of county offi? cers, and it seems to hare been used in? differently by that body as descriptive of either State or county elections, if held in the several counties at the same time. This will appear by rc Vence to the 1st section of an act entitled "Of County Sheriffs," Chapter 20, page 157 of the Revised Statutes, and also in the 1st sec? tion of an act entitled "Of County Coro? ner," Chapter 21, page 170, Revised Statutes. On the 1st March, 1870, the General Assembly passed another act entitled, as republishcd in the Revised Statutes, Title 2, Chapter 8, page 29, "Of the man? ner of conducting elections and returning votes." The first section of that act pro? vides "that the general elections in this State shall be held pursuant to the consti? tution thereof, on the third Wednesday in. October, 1870, and forever thereafter on the same day in every second year, and shall be regulated and conducted accord? ing to rules, principles and provisions herein prescribed." It has been adjudged that the provisions Of this act in the first and other sections are inconsistent with the act of the 14th February, and if not operating as a repeal of the former cither directly or by implication, at least furn I isbes a presumption that the Legislature intended to include the election of all officers, State and county, and hence cov ering the election of Clerk of the Court. It will be seen that this act was passed by the same Assembly at the same session and only fourteen days after the act of the 14th of February, and whilst it was designed in its several provisions follow? ing the first section to direct the manner pf holding and declaring all elections, it in no way conflicts in its first section or elsewhere with the terms of the act of the 14th February fixing the time for holding elections for the principal county officers. It does, indeed, in the first sec? tion prescribe the time for holding the general elections, (which Is, perhapa,"not inappropriate, considering the number of State officers to be voted for,) but in pur? suance to the constitution and the elec? tion for Senators and Representatives is that that is termed general in the consti? tution, and the only one it attempts to fix the. time for holding. The act of the 14th of February, 1870, was intended to supply an omission in the constitution by fixing a time for holding elections for the principal county officers thereby created, whilst that of the 1st of March, 1870, was to enforce the mandate of the constitution prescribing the time for holding the gen? eral election?that is, the election for members of the General Assembly, and to arrange the machinery for conducting and declaring all elections. These sta? tutes are, therefore, designed to aid in carrying out the scheme of the constitu? tion, and are in no way inconsistent with each other. But even if there was sub? stance in the argument as to the effect of the first section of the act of the 1st of March, 1870, it has been repealed by the act of the 19th of March, 1874, 15 Sta? tutes, 788, leaving the balance of that statute, and the act of the 14th of Feb? ruary, 1870, except as to County Com? missioners, of full force as the law of the land, and the only law directing and au? thorizing the election of Clerk of the Court. This view, I am inclined to think, is in accord with the intention of the fraraers of the constitution and of the members of the General Assembly who passed the acts referred to. The office of Senators and Representatives, as also of the mem? bers of the Executive department and of most of the State officers who are directed by the constitution to be elected at the same time, are political in their charac? ter, and it is entirely proper, not only that they should be elected together, but that for the convenience of the electors and the good order of society the election should be held on the same day upon which members of Congress and Presi? dential Electors are chosen. Not so, however, with the county offices. Most of these are judical in'their character and the incumbents should be chosen exclu? sively on account of their peculiar quali? fications and character. Indeed, the pub? lic interest demands that their selection should be entirely unconnected with the excitements and contentions of a politi? cal election, and it would be vastly better for the general weal if six months instead of three weeks could intervene between the day of their appointment and the general election. For being chosen on the day of the political election they are driven to become partisans, and the idea of a partisan Judge of Probate, a partisan Clerk of Court or a partisan County Commissioner is abhorrent to a decent regard for public justice, and to require i an aspirant for any of these offices to go upon the hustings and engage in a parti I san scramble is to unfit him for an impar? tial discharge of the important trusts to be confided to him. I am, therefore, in? duced to believe that considerations like these led to the fixing of the election of these important officers on a different day than that upon which the general elec? tions are held. However that may be, it is my business to declare the law as I find it, and to my mind the construction I have given to the matter in controversy is so clear that I do not perceive how there can be two opinions upon the sub? ject. It is therefore adjudged, That the elec? tion held for Clerk of the Court of Com? mon Pleas for Charleston County on the 7th of November last was without war? rant of law, and that the defendant, John H. C jtendorff, acquired no legal title to the office thereby. And it isfurthe. adjudged, That Jacob Willimaq, thefplainttff,[holds 015er .under the constitution, and is authorised and requireb^tc^'exercisV the duties7 T>f the office until a successor shall have been lawfully appointed. January 9,1877. J. P. Reed. The Court room was crowded with the members of the bar and eager spectators who had assembled, many of them from sheer curiosity, to hear the termination of the case and to learn who was Clerk. During the reading of the opinion strict order and silence were maintained, and at the announcement of Court's judgment the counsel for Ostendorff gave notice of an immediate appeal to the Supreme Court. Ostendorff hung around the Court room for awhile and then retired. ?Edward W. Lee, Mr. Williman's deputy, who has been holding the fort with him since the late election and has determined to sink or swim with him, came triumph? antly forward, and quietly proceeded to assist Mr. Winkler in the duties of the offne. Later in the day Col. Simonton sub? mitted the following writ of ouster, which the Judge signed: The State of South Carolina, Charleston County. The State ex rcf. Jacob Willi man vs. John H. Ostendorff. The proceeding)- in this case having been submitted to the Court on a ca-ie stated in a controversy without action, and it appearing to the Court that the election under which the respondent claims was not held at the time prescribed j by Jaw, to wit: on the third Wednesday )0 October, 1876, and that the relator, under the Constitution, holds- ovfer fc?tii a successor 10 him has been duly elected and qualified. It is adjudged, That the defendant, John H. Ostendorff, be ousted from th* office of the Clerk of Court of General Sessions and Common Pleas. And be it further adjudged, That Jacob Williman, named in the proceedings and a plaintiff in this action, is and he is hereby declared to be entitled to hold said office in that he was the duly elected Clerk of the said Court, under the elec? tion held in 1872, and, having qualified as such, is entitled to hold the same until his successor is duly elected and qualified. January 9, 1877. J. P. Keed. Upon the issuing of this order the counsel for Sir. Williman were served with notice of appeal by Major Stone on behalf of Ostendorff, and the case will be taken immediately to the Supreme Court. air. Williman did not make his ap? pearance, being confined to his room by sickness. According to the agreement entered into by the counsel on both sides, Mr. Williman will be entitled to enter immediately upon the duties of the office, while Ostendorff resorts to an appeal to the Supreme Court. Should the Supremo Court sustain the decision of the Court below, Mr. Williman holds over until another regular election be held or an extra election be ordered. But if the Supreme Court should reverse the decis? ion of Judge Reed, then Ostendorff will enter upon the duties of the office, and will be entitled to all the fees. &c, which have accrued during Mr. Williman'b oc? cupancy of the office. Sonth Carolines Senator, (Jen. X. C. Butler. No one supposes that the Democratic Legislature of South Carolina either would or could please the Northern Radicals in theiir choice of a United States Senator. The vials of their wrath were all ready to be poured out upon the devoted head of any gentleman, thus honored by the legal Legislature of the Palmetto State. It is not to be wondered at, therefore, that all the barrel organs of the Grant dynasty are abusing, to the best of their ability, the distinguishe i soldier and statesman who will alone rep? resent South Carolina in the United States Senate *ft:r the fourth of March next. In this section Gen. Butler is known to us all as one of the most moder? ate and conservative men in South Caro? lina, and knowing this fact, it is not nec? essary for us to enlarge upon it. But we take pleasure in reproducing from the Philadelphia Times, a journal thoroughly independent in politics, the following ar? ticle. In speaking of General Butler's career and antecedents, it says: "And what are the facts? Mr. Butler is a highly cultured South Carolinian, who has ever been conspicuous for his conservative counsels and actions. He served under Hampton during the rebel? lion, lost a leg at Brandy Station, rose to the rank of Major-General in the insur? gent army by his merits as a soldier, and, like ail brave men on both sides, when the war ended he bowed to the arbitra? ment of the sword, and has ever been in accord with Hampton in teaching, alike by precept and example, submission to the government in the generous spirit that is due from faithful citizenship. He was at Hamburg on professional business pn the day of the horrible butchery, and: as the preliminary hearing proved, had no part in.the bloody affair, except to make exhaustive efforts to maintain the peace. But his prominence as a citizen made him an inviting target for those Who sought to turn a cowardly murder to political advantage, instead of judicially ascertaining the truth and punishing the guilty, and his name has been insepara? bly interwoven with that revolting trage? dy. Gov. Chamberlain was then the un? disputed Governor of South Carolina, with the regular troops practically at his command, with his State militia armed and absolutely under his orders, with Re? publican judges in every judicial district, and with Republican machinery for the selection of jurors. He had but to com ? mand the law, whose agencies were **1 in political accord with himself, to en? force swift judgment against the murder? ers, for atrocious murderers there were at Hamburg beyond a question. But that did not suit the purpose of the man who was charged with the preservation of the peace of the State and the enforcement of the laws. Instead of summoning the law to assert its majesty, he rushed away to Washington and called for "more troops" with dramatic Sourish to fire the Northern heart. In a public letter he associated the name of Mr. Butler with the massacre, to which the accused pub? licly answered that he was innocent, that he was voluntarily in the hands of the law, and that he challenged prompt and searching judicial investigation of the murderous affair, so that the innocent should be acquitted aud the guilty pun? ished; Nor aid Mr. Butler, like Gover? nor Chamberlain, stop with a newspaper Sreclamation. At the earliest moment c appeared before a Republican judge and asked?not for his discharge, but for a reference of the case to the proper tri? bunal for the most exhaustive'investiga? tion. The Republican Judge held this "red-handed ruffian," this "moving spirit in the bloodiest deed recorded in our modern history," to bail in the sum of one thousand dollars for his appearance at the court for trial. This was last mid? summer, and why has he not been tried ? Why has the Republican Governor not made his Republican judge call in his Republican jurors and try Mr. Butler for the Hamburg massacre? Five blacks were horribly butchered after they had been captured and disarmed. There must be a clear case of most diabolical murder against some parties, and if Mr. Butler aided or abetted the murderers, be is equally guilty with them alike in law and morals, and why has he not been tried? He has publicly challenged Chamberlain to try him before all tbe Chamberlain legal machinery, and he gave notice that ne would then and there show who wore, the real authors of the Hamburg tragedy that he had striven most earnestly to prevent. It was this notice that made Chamberlain retreat from the trial of Butler. It was the fear that Butler would prove that the Ham? burg massacre was concocted and forced to consummation by political leaders most trusted in the counsels of Chamber? lain, and that it would be established before a Republican court aud a Repub? lican jury that the Hamburg outbreak was one of the deliberately planned fea? tures of tbe Chamberlain political cam? paign to arouse the country, furnish an excuse to place South Carolina under martial law and thus insure a new lease of carpet-bag power in that State. From August lust until now Mr. Butler has defied Chamberlain in his own courts, and as yet be is without any to accuse him at the bar of justice. Such is the truth of Mr. Butler's association with the Hamburg butchery so far as the public cau judge from an impartial hearing of both sides." So long as this distinguished Carolinian is thus nown to tne enlightened press and people of the North, he can afford to pass over iu silence the petty mouthing of those Radical papers whose political creed begins and ends with hatred to the South and L6r people'. THE STRUGGLE IN LOUISIANA. Initial Success of the Democrats?A Peaceful Revolution Accomplished. SpteUxl Correspondence of the Kew York Herald. New Orleans, La., Jan. 9,1877. The long expected hour of contest has arrived, and though thus far in its pro? gress no gun has been fired, the events of the day have left the Republicans no foothold in the State except that bound? ed by the walls of the State House and the Custom House. That this has been accomplished, and without bloodshed, is owing to the fact, which is admitted by all parties, that the Packard government, like its predecessor, has not one iota of moral support in this community, while its physical backing, when deprived of the co-operation of federal troops, has proved almost equally insignificant. The question upon which the issue was made to-day was solely whether Sheriff Handy (Democrat) should be supported in defending possession of the court buildings. It was known that the Pack? ard Supreme Court would sit to-day. The new Superior Civil Court had already set, and it was believed by the citizens that if this was peaceably submitted to the question of a de facto government would be decided against them. This they were resolved to combat, and all day Mondav Generals Ogden, Penn, Nicholls and" other advisers were in earn? est consultation. A preventive policy was at first determined upon, but the new members of the Supreme Court being called in council no decision was arrived at in time for action on Monday. It was nearly twelve.o'clock last night before the Governor and his advisers de? termined to act upon the vigorous policy recommended by Generals Penn and Ogden. At that late hour orders were issued through couriers ordering the dif? ferent military organizations in the city, amounting to between 2,000 and 3,000 well armed men, besides a similar num? ber with side arms only, to be in position near the temporary State House, oppo? site Lafayette square, by nine a. m. The night, though bitterly cold, was an eventful one. Couriers dashed through the streets, cabs rumbled in every direction, while the rat-tat-tat upon the doors and ringing of bells echoed in every neighborhood, summoning the faithful to the field. Scarcely had day? light dawned before groups of men were seen hurrying through the streets in every direction. By eight o'clock armed parties began to assemble in the neighborhood, but it was not until.ten o'clock that the crowd commenced augmenting by the arrival of organized bodies of citizen soldiers who were in their every-day clothes, and armed with every description of weapon from the Winchester down to the saloon rifle.. By. eleven a. m. General Ogden appeared on the field and rapidly com? pleted the organization, which shortly after moved down to the levee toward Jackson square, numbering about 1,000 completely armed men, one battery of artillery, consisting of two nine pound howitzers and about 3,000 men with side arms only. As they marched down, Gen? eral Penn heading the column, their ranks constantly augmented. From every direction people, armed with every describable species of weapon, were soon hastening to the'scene of conflict. Arriving opposite Jackson square, which fronts the court buildings, where a large crowd had already assembled, one company was despatched, under com? mand of Captain J. D. Hill, to demand the surrender. In the meanwhile the Packard Supreme Court had opened at ten o'clock, with Judges Ludeling, King and Leonard. Sheriff Handy having re? fused to recognize their authority he was suspended and Alfred Bo urges sworn in in his place. About the time the head of General Ogdcn's column reached the Sound they had adjourned in respect to e memory of Judge Saucier, who died yesterday, and thereupon left the build? ing unmolested by the crowd assembled. Shortly after the gates were thrown open by "the police, who surrendered the court room, the Third precint station and the State. Arsenal, all of which are located in the same building and which the forces of General Ogden proceeded to occupy. Sheriff Handy at once notified the Nicholls Supreme Judges, who im? mediately repaired to the court room, where the Supreme Court was duly open? ed by the Sheriff and shortly after ad? journed, leaving the former in full pos? session. General Ogden remained in possession until one p. m., when be moved the forces to the levee, threaten? ing the State House. Pending the progress of these events Chief Boylan, under the orders of Lieu? tenant Governor Wiltz, demanded the surrender of the Central police station, corner of Carondelet and Lafayette streets. He was informed that it only needed a show of force to effect it, and this being made by one o'clock p. m. all the important points, with the exception of the State House, were in the hands of the new governraeut, the other police stations being abandoned. Shortly be? fore three o'clock p. m. Governor Nicholls issued the following proclamation : Executive Department, ) New Orleans, January 9,1877. j 7b the People of IjOuisiana: I should be most profoundly surprised and disap? pointed should any citizen of Louisiana at this moment so far forget himself as to be guilty of any excess whatever. There is danger in collecting together in large bodies. I urge you, therefore, to return at once peacefully to your homes. The greater the wrongs to which you have Been subjected the greater to your credit should you recognize and recollect your own simple ana plain duty as citizens. Let no one be injured, however obnox? ious he may be, and let the people of the whole country see that we are law-abiding, ju?t and moderate. Francis T. Nicholls, Governor of the State of Louisiana. In the State House the greatest appre? hensions prevailed. Early in the morn itig Packard telegraphed to President Grant to recognize his government to? day or all was lost. The Metropolitan Telegraph wires were cut during the morning and application was made bv Packard to the United States Signa't Corps by whom men were furnished, and an active signalling between the State House and Custom House was continued during the day. During the previous night all the arms from the different police stations and the most reliable portion of the force itself had been concentrated at the State House, j A strong disposition was manifested to advance on this stronghold, and once during the day, when an attack was made by a number of boys, five shots were fired , from the windows, but only into the op? posite wall. No one was hurt, however. Soon after Mayor Austin drove up in a carriage and read Governor Nicholls pro? clamation, when part of the crowd dis? persed, but the larger portion remained. La:-o in the afternoon several deserters from the Packard police went over to the Nich dls militia and reported the Repub? lican forces badly dom-Taiized. During th" day the Legislature mot iu Session and attempted to ballot for Sena? tor, but Warraoth withdrawing with his friends broke the quorum. Late this evening they are still in possession, but at Adjutant Penn's office it is reported that it will certainly be abandoned during the night. About five o'clock p. m. General Og den, who had kept his men massed upon the levee, received orders to dismiss his command, which immediately formed into line and marched up town amid tbe enthusiastic cheers of the people who lined the streets. In the way of quiet irony they made a detour toward Kampart srteet, which took them past ex-Gov. Kellogg's resi? dence. By six p. ra. the forces were all dis? missed, the city perfectly quiet in charge of the new police, and were it not for the air of jollity upon all faces it would hardly be conceived that a popular revo? lution had occurred, overthrowing one State government and establishing an? other. One great cause of the satisfac? tion manifest, no doubt, lay in its having been bloodless. Only one casualty occurred, and that at the Arsenal where a soldier was woun? ded in the leg by the accidental discharge of his musket. The Arsenal, when captured, contained two Gatling guns, three Napoleons and about 900 stand of small arms. Of these about 800 were immediately issued to unarmed companies. Two companies are in charge for the night. These, with a picket cordon around the State House, which permits anybody to leave but no one to enter, constitute the only force now on duty. Before the column moved down to the court buildings this morning a detach ment of sharpshooters were detailed by General Ogden, who took position upon the roofs and galleries of all adjacent houses commanding the position. The forces were thoroughly drilled and dis? ciplined, and consisting of the best peo? ple of the community, carried a moral impressment sadly demoralizing to tbe Metropolitan police. Throughout the entire proceedings the United States troops remained closely confined In their quarters, and, bey6nd cheering the Wash? ington Artillery as it passed the windows of the Custom House on its way to the front, made no demonstration whatever. Late in the afternoon General Green, of General Augurs staff, had an interview with Governor Nicholls, the particulars of which have not yet transpired. Gen. Augur, on being visited, reiterated his often expressed information that his in? structions were to keep the peace, and that he would only interfere in case of it being broken. It seems tbe action of to-day was not regarded in that light. It is highly probable the Nicholls' Legislature will assemble in the State House to-morrow or next day. The Democratic Legislature, with a quorum in both houses, voted for a Uni nited States Senator. J. 0. Eustice re? ceived a majority of the votes cast for Senator for the term ending in 1879. There was no choice for Senator for the long term. Orders have been issued to the picket cordon to permit free ingress and egress to the State House. Everything quiet. The Republican Legislature is still in session at twelve o'clock midnight, and will continue so all night and until twelve o'clock to-morrow, endeavoring to obtain a quorum so as to ballot for United States Senator. Up to twelve p. m. this had not been secured. Warmoth seems determined to keep it broken. Mr. Packard had been at the State House all day, and announced his inten? tion to defend his government to the last extremity. He had concentrated his forces on that point and the Court House, and was much chagrined to learn that the defences of the latter had surrendered without striking a blow. All kinds of sensational rumors are afloat to-night, notably one that the State House is to be attacked. On this subject prominent Democrats stated that the plan of the Democrats was to have the Supreme Court enjoin Packard from usurping the functions of Governor, and in the event of his refusing to have him arrested for contempt. Nothing was done by the House com? mittee to-day beyond continuing the ex? amination of Colonel Zacharie in regard to the action of the Returning Board. Ex-Governor Kellogg, who has re? mained all day in the State House, is evidently dumbfounded at the turn affairs have taken. He bad never believed that the people would undertake so desperate a measure. He expresses his determina? tion to hold the State House, believing that a conflict is sure to secure the inter? ference of the United States military. All kinds of rumors are in circulation, principally emanating from the State House?one to the effect that General Grant has telegraphed General Augur to disperse all illegal bodies of armed men and that Governor Nicholls and Govern? or Packard had each been served with copies. It is admitted, however, that the practical effect of this order depends upon General Augur's interpretation of the word "illegal," to which the largest lati? tude seems to be given. At General Nicholl's headquarters this is positively denied. Another rumor states that Mod on has telegraphed announcing that tbe Demo? cratic Supreme Court will not be recog? nized, and that the Packard government will be sustained by the Executive An? other, upon better authority, but still doubtful, says that General Graut will to-morrow issue a proclamation settling the whole issue definitely in favor of tin Packard government. Governor Packard upon being inter? viewed, appeared to be utterly in thedark. remarking that he expected despatches in an hour. After a close investigation your correspondent is inclined to think that this must all be taken cum grano sali?. The Republicans are badly demoral? ized, ami from every visible appearance, their power is melting like snow before I the sun. Without federal interference, j and that promptly their cause is evident? ly hopeless. The Nicholls government have a strong police force on duty throughout the city. Hamvton's Letter.?The Galveston News (Dem.) does not regard General Hampton's letter to Governor Hayes in the same light that most Democratic journals do. Its comments are as fol? lows: Ham [.ton's letter to Hayes must be re? garded as another fine stroke of policy by j that master of political tact. It places the cause of good government in South Carolina, which is still sadly misunder? stood by many of Mr. Haves' partisans, . in a new and striking light bet?re all in j telligent Republicans who have been I misled as to the actual condition of ! things in that unhappy State and the \ nature of the political conflict there. ! This we suppose to have been its sole purpose; as the similar communication to Mr. Tilden save* General Hampton from any possible suspicion of a harsraiti, and such a purpose, it is to bp hoped, the !et tcr will materially sub-erve. ? When you're in a quandary whattO write about, an article on snow ought al? ways to cover the ground these times. THE DUAL GOVERNMENTS. Operation of the Hampton machinery of Government? Chamberlain's Reli? ance on Washington for Support. Correspondence New York Herald. Columbia, Jan. 7,1877. The Senate committee has been in ses? sion now nearly one month, and has ex? amined about 260 witnesses, a large ma? jority of whom were negroes carefully collected by United States District At? torney Corbin from the vicinity of the scenes of the Hamburg and Ellenton riots. About one-fourth of the witnesses were white men introduced by Senator Merriman, Democrat, and I have infor? mation which states that the testimony of the latter has successfully rebutted that given before the committee by Mr. Corbin's witnesses. the committee's mission. The mission of this committee was strictly to investigate whether any citizen of the age of twenty-one had been denied or abridged in their right to vote, but Messrs. Chriatiancy ana Cameron have gone into an elaborate and exhaustive collection of outrages, atrocities and hor? rors. So far, however, it has been clear? ly and successfully established that be? yond the unostentatious displays made by the whites during the campaign, there was little or no intimidation of votes practiced, and that intimidation of ne? groes by negroes was more extensive than by whites. This was further demonstra? ted by the fact that the Republican party polled a larger vote at the last election than it ever did before, which satisfacto? rily refutes the charge of intimidation. the outeage mill. With these results staring them in the face, the mission of the committee is a failure as far as the party is concerned, and hence it was necessary that they should go into the outrage mill business to enable them to make some sort of par? ty capital. I am informed that on this score the distinguished Republican Sen? ators will also fail, for. it is well known that neither the Hamburg affair nor the Ellenton riot had any political signifi? cance whatever. j the gubernatorial question. It is stated that Judge T. J. Mackey will appear before the committee on Tuesday next, and will produce docu? mentary evidence very damaging to Chamberlain. The latter, it is stated; is engaged in preparing an elaborate docu? ment, showing the grounds upon which his proclamation was issued, for the com? mittee. It will be hard for him to prove that there was a necessity for a procla? mation or for troops in the face of the fact that he never attempted the arrest of one of the Hamburg or Ellenton rioters. the hampton government. Hamptou's government floats- along steadily. Contributions, under his call for ten per cent, of last year's tax levy, are rapidly flowing in from the tax-pay? ers, and he has already placed the chari? table institutions and the Penitentiary in a condition far above any immediate or prospective want. He is in daily receipt of proffers of money and renewed assu? rances of allegiance, and each mail brings him a basketful of letters, to all of which he gives bis personal supervis? ion and attention. If this continues, as the indications are that it certainly will, the Chamberlain dynasty will assuredly be starved out. despite the presence of the company of United States troops at the State House. public meetings of the taxpayers are being held in every county in the State, which are in many instances largely attended by negroes, at which resolutions are passed condemning Chamberlain's government as a usurpa? tion, refusing to pay him a cent of tribute, and indorsiug Hampton and pledging him the support of all the taxpayers in the State. chamberlain on the situation. Singular to relate, in the face of these substantial overtures to Hampton and these unanimous public demonstrations in his favor, Chamberlain regards it all with seeming philosophical equanimity. He remarked to me to-day that the action of the Hampton government in provi? ding for the lunatics, orphans, and con? victs relieved him of his greatest embar? rassment, and he was gratified that the Democratic taxpayers and other charita? bly disposed persons had assumed the care of these unfortunates. Chamberlain, does not think that this voluntary contri? bution of taxes will have any effect whatever in deciding which is the legal Governor of the State, and he congratu? lates himself that such grave responsi? bility has been temporarily removed from his shoulders. reliance on washington. He says that the question of the Gov? ernorship cannot be decided by the peo? ple of the State now nor by any tribunal in the State, but that it will be settled in ' Washington, either by Congress or by the President. The. Governor, believes that I the present condition of affairs will drag aloug until the 4th of March next, unless i Congress sooner disposes of the question ! of the Governorship. He feels safe a?t long as President Grant remains in the' White House, and thinks that after his term expires he will be supported by Hayes, who, he firmly believes, will be inaugurated. If, on the other hand, Til den should occupy the Presidential chair for the next four years he has but little doubt that the latter would recognize Hampton and his government. . the senatorial question. Another view taken by Chamberlain is that, if Congress fails to act in the matter l?efore tlie 4th of March, the question as to the legality of the State government will come up squarely before the Senate upon the application of General Butler, the Democratio Senator elect, and of Uni? ted Slates and District Attorney Corbin, the Republican Senator elect, tor admis? sion to that body. the proclamation programme. Under the influence of the sharp criti? cisms in the Northern papers and advi? ces from Washington, Gov. Chamberlain seem? to have abandoned the anti ipated prugramme of issuing a proclamation against Hampton and his government, as such a game would be too dangerous. He uow says that he does not look for? ward to any collisions or clashes of au? thority that would be serious, and that all minor conflicts a? to the possession of offices would find an easy and peaceful dilution in the courts. This in the first time he has been known to trust any( thing to a decision of the Stale courts, und the Governor wa- in a degree felici? tous and cheerful, which was-quite unu? sual for him. assurances from washington. This frame of mind was, I found, in the main, the effect of a telegram receiv? ed by hi in from Washington. The dis Sitch informed him that Congressmen anks Lapiiani and Lawrence, tue Re? publican members oi the House commit? tee who were here in ventilating the elec? toral vote of the State, had called upon the President since their arrival in Wash? ington, and hud assured him that Cham,?., beriaiu was elected Governor of the State. Tbe House committee did not go into an examination of tbe vote for Governor except in an incidental manner, and while the six Democrats are assured of Hampton's election, the three Republi? cans seem to be equally assured of Cham berlan'a election according to his advices from Washington. the hayes-mackey interview. Governor Chamberlain chuckled over the annoyance occasioned among the Democrats by Judge. Mackey's officious zeal in visiting Governor Hayes and ma? king professions and overtures which have been published as coming from and authorized by Hampton. He said that while Governor Hampton had deuied. these published reports,yet, nevertheless, he could not divest himself of tbe fact that Mackey was the accredited bearer of a letter from him to Hayes which, in itself, placed Hampton, in an awkward position. gov. Hampton's disclaimer. In this connection Gov. Hampton is .very emphatic in disclaiming all respon? sibility for tbe views announced by Judge T. J. Mackey in his interview with Mr. Hayes. In the coune of a conversation with your correspondent this afternoon he stated that Judge Mackey went to Ohio on private business, and was not sent by him, nor. authorized. in apy way to speak for him or for tbe Democracy of South Carolina. The views be expressed were his own, and General Hampton can only account for the misconception which has arisen upon the supposition that Judge Mackey's declaration of bis own views were in some manner confounded with those he gave as coming from Hamp? ton. ? ;?/? Ii " tilden elected.j General Hampton said in conversation that he has always believed that Tilden was fairly elected, hot has entertained grave doubts as to whether he would be \ allowed to take his* seat,. He said: .; i "Our people desire a peaceful, consti? tutional solution of these questions, and I we trust this will be had. Peace is essen? tial to us, and we of tbe South should j take no part in the . settlement of the Presidential question until called on to do so by some legitimate authority." ; A GRAND SLEIGHING CARNITAL. A Day of Jovial Fun at the Capital ?The Masquerade Procession Ex? cited Great Merriment. Washington, Jan. 6,1877.' All Washington was gloriously excited this afternoon-by a carnival sleighing procession on Pennsylvania avenue, which transcended in fantastic scenes and fun any public frolic here since the grand carnival of 1870. The broad avenue? freshly paved with snow, and resembling, in its width, at least, a Parisian boule? vard?was before three o'clock lined with thousands of people, on foot, under um? brellas, and in carriages, moist and ex? pectant spectators of the show. Neither the Senate nor the Supreme Court was in session, and the dignitaries of both those bodies came down from their homes with their wives, children and coachmen. Half the houses in the capital were emp? tied of their occupants, who crowded the walks, on both sides of the avenue till near night-fall and stayed there despite the bail and rain. At an early hour the House of Representatives adjourned and poured forth its members and clerks to swell the moving mass of lookers-on. Among these not the least interesting were the colored population of Washing? ton, the shrewdest, best natured, wittiest and most intelligent negro multitude in any American city, and who hail from every part of tbe Union, North and South. From their rollicking lips came chiefly the shouts which greeted the roys terers of the carnival. The L.ter appeared en masse in sleighs, cutters, hogsheads, boxes and barrels on runners and in procession formed a spec? tacle prodigiously comical. The vehicles in which they rode would have sufficed to excite mirth enough, representing as they did every style of winter equipage introduced in the United States since the day of Washington; but tbe masquers, the costumes and their mishaps caused the greatest glee, and for hours tbe ave? nue was in an uproar. It seemed as though the museums of all nations had been ransacked for an? cient garments to encase the volunteers of this odd festival. The 'jungles of Af? rica and India; the- forests of both Americas, and the wilds of the British possessions north of the United States con? tributed, along with the toy and costum? es' shops, to their, make-up. As they went by behind .horses, both fleet and slow, they presented forms, of giants, monkey a, tigers,' opossums, dwarfs, whales, ostriches, bears and wolves, al? ternating between sleighfuls of viridly bedecked mock specimens of emperors, princesses aud queens. "Is dem/' ex? claimed a wondering darkey, "de same crowns. dey 'pears in when dey is on de thrones?" ' ': "Of course. Now, I neva knowed it. Dar was Jim Blossom, my brudder-in law, de minstrel, man, what perfawmed before Queen Victory. He said she didn't wear no crown." A mighty sled, bearing 100 maequeraders, and drawn by a dozen mules, hitched tandem, went by with waving of flags and many voices. Another side, occupied by men with blackened faces and attired like women, in calico dresses, sped fast. A sleigh full of men in pasteboard masks, with long noses and scarlet cheeks, followed by a cutter crammed with boys, imitating in dress and motions a cluster of orang? outangs, excited merriment which was swollen into great peals of laughter as a vehicle on runners, representing tbe Lou? isiana Returning: .Board came into view. The personages composing this board were none too complimentary to the orig? inals; indeed; their aspect was as practi? cal a* can be fancied. Not the group of1 Molly Maguires in a cutter close after J them,, nor even the silent four members' of the Eu Klux Klan, who tailed off this1 branch of the procession, matched their j ferocious looks. The cheers and cachi-j nations of thousands of spectators roiled down the ayenue in a roar, as resounding as the Nor Year's guns from the Navy Yard. Nothing in the pageant was more de, lightful thari*tbe good humor with which all classes of people beheld all kinds of satires and burlesques upon the present, political difficulties. Such satires, how? ever clumsy, were numerous, but they provoked naught but hearty.laughter, aud harm leas witticisms. Tbe very Cabinet' officers, and other office-holders of both parties who poked out their heads from ; their carriage windows to view the spec? tacle, laughed, shook and choked behind their handkerchiefs. Ruins or an Ancient Settlement. ?The ruins of the oldest settlement ou the upper James River were discovered a few days ago on the upper Fails Planta lion by a Manchester (Va.) antiquary. They are supposed to be the remains of an old ftone. house or fort which was erected by Col. Thomas Slagg, near the Three Islands, in the year 1663. VPuach. in his dictionary gives the definition of ..the. word "conscience^" "?Iy rule for another mau'a conduct," lJg\3?tFAVfBMlUUW.'-'\\? 111WMWBWI require' cash' p?rmenu far adrertiidn* ordered br Executors", Administrators and other 'fiduciaries and herewith append'the rates for the ordinary notices, which will only be inserted when the money comes with the orgerj, ,. Citations, two insertions^ - ?-- - - $3.00 Estate Notices, three insertions,- ? m 2.06 Final Settlements, flTe Insertions - - 3.00 TO CORRESPONDENTS.?In order to receive attention, communications raujt be acconip&aled by the true .name and address of the writer. Re? jected manuscripts will not be returned, unless the necessary stamps are furnished to repay the postage thereon. 49* 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, mosey orders, Ac, should be made payable to the order of . hoyt A co., Anderson, S. c. A Detailed Statement of the Florid* Canvass. Washington, Jan. 7,1877. Here is the story of the Florida Can? vassing Board, frcm the Democratic side. It is a plain story, easily understood; and it is thought here that, before the Republicans claim Florida for Mr. Hayes, they ought to show this tale to be false. : Florida has thirty-nine counties. When the Returning Board met they be? gan by an attempt to ascertain bow the vote stood on the face of the returns. But they met at once with a difficulty, in Baker county, from which two returns came up, one of which gave the State to Hayes, the other to Tilden. Under the Florida law the County Canvassers are required to meet at the office of theCoun ty Clerk, within six days after the elec? tion, to canvass the vote and compile the official returns. The Board of Canvassers are the County Clerk, the County Judge, and a justice of the peace or Sheriff. In the case of Baker county the Judge (a Republican) refused to meet the clerk, ana, after waiting for him, the clerk called in a justice of the peace and pro? ceeded publicly to canvass the official precinct returns and sent the result thus made by two of the three persons desig? nated by law to the Secretary of State. This return gave the State to Tilden by 103 majority. The County Judge, who bad refused to meet the other two at the same time called in a person who had been appointed Justice of the Peace after the election had been held, and these two canvassed, not the official returns, but duplicates that covered only two of the four precincts, and sent their returns to the Secretary of State, which gave the 8tate to Hayes . iby 42. The Returning Board decided, as, was, proper, that the clerkV return was the correct one, and this was' therefore allowed and counted, j Next comes Clay county. Here the county canvassers,-also Republicans, left' out one precinct, on. the ground .that it. did not appear that the inspectors took the oath prescribed by law. But they made a statement with their' returns, showing that this precinct gave 24 Dem? ocratic majority, and the Returning Board held. that the objection was mot good, and, therefore, counted the pre? cinct. But, having gone so far, the Board be? gan to throw out votes. In Monroe county they threw out a Democratic pre* cinct on the ground that the canvass there was not completed on the night of the election, as the law demands. The inspectors completed the count at one o'clock, but oue of their number, a Re? publican, fell ill, and moved to defer the declaration of the return until the -iest I morning. There was no pretence of * fraud. In Hamilton county the Board fluag out Jasper precinct, on the ground that during the election two of the inspectors, both" Republicans," deserted the polls, j One of these deserting inspectors?a Re? publican,, be it remembered?-himself made the affidavit of the irregularity on which the Board flung out the vote. There was no attempt to impeach the rectitude of the vote. In Jackson county the Board threw oat votes on the ground that the ballot boxes were placed so high that the colored voters could not see into them. But all the election officers were Republicans and the boxes were all alike. In Mantee county the whole vote was flung out on the ground that there was no County Clerk to attend to the registra? tion and other duties. The circumstan? ces were these: The Clerk of the county Was a Republican, appointed by Gov. Stearns; he resigned shortly before the election. The inhabitant* appealed to him to resume his duties, but he refuse'!. They asked the Governor to appoint an? other, but the new appointee refused to qualify. Hence no new registration of voters could be made, and the law re? quires that every voter shall previously and in the same year have been register? ed. After consultation it was determin? ed to open the polls and to accept the votes of all who had registered before the previous election, each voter appending an affidavit that be bad so registered. The commissioners, inspectors and Coun? ty Judge did their duty. The county is strongly Democratic and the Democrats claim that'they lost between 200 and 800 votes by the discouragement of their vo? ters and the impossibility to register new voters. However that may be, the Re? turning Board flung out the whole coun? ty- ' " By these operations the State was count? ed not only for Hayes'but also for Stearns, the Republican Governor,, candidate for re-election. But Drew, the Democratic, candidate for Governor, appealed to the Supreme Court; and the Court, on the evidence before it, and which is above briefly recited and was not disputed, or? dered. the Returning Board to recanvass the whole State, mentioning particularly four counties. The Board complied lite* rally with the' order of the Court; but when they came to Baker county they accepted the returns which . before they bad rejected as false, and they flung out the whole of Clay, to which on the first count they had made no objection and where no fraud was charged. Thus they fave the State on the second count to )rew and the Democratic State officers, but still maintained it for Hayes. This is the Democratic side* of the sto? ry, obtained from a moderate and well informed source. It must be remember? ed that in all the counties which were flung out the election officers were Re? publicans, and that the wrong or infor? mality asserted was caused by them; that the Board first counted in both Stearns and Hayes, and on a recount were able to count in Hayes only by arbitrarily flinging out votes to which, on their first count and when they could not calculate so closely, they made no objection. It is clearly necessary that the republicans ?who possessed all the election'machinery, shall show that this story of the Florida election is false. They cannot afford to have Mr. Hayescounted in by such frauds as are above recounted. Sensible Advice.?The following sensible-advice was given by the"late Prof. Maury to his son, then at school: To the truly wise and good man, office, place, honors, distinctions are desirable or welcome only as they increase his sphere of usefulness and enlarge his priv? ilege of doing good. To win such privi? leges, I .hope will be th: highest pbiut to? wards which the ambition of any one of ;my sons will ever he directed. I do not know where their lot may be -_a.?:. for they are all to lie the artificers of their own fortune. But whatever it may be, I hope they will let politics alone, seek to be useful member* of the community iu which they live, and study the welfare of the commonwealth to winch they belong. Let this be a rule of conduct with you now, for little hoys nay make themseh'es useful as well as great men. ? "This is very bracing weather, sir," said a bland landlord to an unhappy boarder. ; "0lad to hear, it,";.wan..the reply. "Hope it will brace up your - breakfast coffee, which has been very pale j i: Iftdweak of late,"