Historical Newspapers of South Carolina

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JAS. A. HOTT E. B. MURRAY ^ J Editors. THURSDAY MORNING, FEB. 8, 1877. It has been hinted to us that the effect of Judge Carpenter'9 decision would operate against the collection of the ten per cent, contribution on account of taxes. So far as we know, this effect has not been produced in any quarter, but it may be well to state that the decision of Judge Carpenter plainly recognizes the House of Representatives presided over by Speaker Wallace as the only lawful organization of that kind in the Staff, in which he sustains the decision of the Su ^ preme Court, as in duty bound. The House of Representatives is the origina? tor of all tax measures, and it is not at all likely that the Wallace House will even stultify itself by repudiating?|he tax receipts issued under its uutnority. The payment of ten per cent, was autuorizecl by the lawful House of Representatives, and we cannot understand that any solu? tion of the question as to who is Gov? ernor .could be made to effect the validity ' of the tax receipts issued under resolu? tions adopted by the House. A MODEL RETURNING BOARD. Of all the accomplished official mis? creants for whom our natic# has been made to blush during the latter portion of its first century, none have become so famous as the Louisiana Returning Board. The very mention of the name has for years been suggestive of rascality, and is a well-known and generally accep? ted synonym for official fraud and'corrup? tion, but receat developments are of such j an astounding nature as to distance every dishonest achievmeot of these men in former elections, and hold up to the present and future ages the late canvass of the vote of Louisiana as the most in? famous record that has ever been made by any set of officials. It would be vain to search the annals of crime for a par? allel to the reckless outrages perpetrated by this Board, if there is the least confi? dence to be placed in the revelations be? fore the House Louisiana Investigating Committee. Fraud, forgery, perjury, briber}* and corruption characterize the whole proceeding. J. F. Littlefield, one of the clerks of this Board, was before the Committee, and, after being imprison? ed for a short term for contempt in not answering the questions of the Commit? tee, at last acknowledged to having changed the figures of Vernon Parish, and, to show the truth of his statement, produced the original return. This alteration was made, he says, under the direction of J. Madison Wells, Chairman of the Board. Other changes were also majde and the originals were destroyed. The reason assigned for changing the vote of Vernon Parish was to elect a Re? publican and friend of Wells District At? torney. Another witness named Joseph H. Maddox, an Internal Revenue Offi? cer, swore that Wells had authorized him to sell out the vote of Louisiana to either party for one million dollars. That he said to throw out eight or ten thousand Democratic votes to elect the Republi? cans was a heavy job, and that the Board ought to be paid for it. Maddox accord? ingly approached Zach. Chandler and Cameron with the proposition, but they refused it. He then, through a man named Pickett, a Democratic layer in Washington, had Mr. Hewitt, the Chair? man of the Democratic Executive Com? mittee, approached with the same propo? sition, but he positively' refused to have anything to do with the matter. Mad? dox then came down to the least figure he said for which the State would be given to the Democrats. It was the modest amount of five hundred thousand dollars. Mr. Hewitt still declined anything to do with the matter, and there it ended. The Republicans pretend to disbelieve the testimony of Littlefield, Pickett and Maddox. but unfortunately for them Lit? tlefield had the original return from Ver? non Parish and it substantiates his state? ments, and Maddox had the following letters, which go to prove the truth of his testimony: New Orleans, November 20, 1876. J. H. Maddox?Dear Sir: Under? standing the political condition of matters here from association with both political parties, and a Iriend of the President and a government officer, would it not be con? sidered a part of your-to go at once to Washington with as little delay as possible, and place before the Presideut the condition anil the pending dangers o. the situation? Should you conclude upon prompt action in the premises, allow me to commend you to Senator West; who is my friend, and with whom you will freely communicate. Yours, truly, J. Madison Wells. New Orleans, November 21. My Dear Senator: I regret much not seeing you when here. I wanted to say much to you, which it would be at least imprudent to put on paper. I trust, however, to meet you in Washington as soon as the can? vass is over, which is now upon u?. Our duties as returning officers have aug? mented the magnitude of the destiny of th( two parties?may I not say the na? tion? I fully comprehend the situation, as well as my duty to the greatest living Geueral, U. S. Grant; and not with my consent shall this oppressed people be governed by his paroled prisoners, aided bv the white-livered cowards of the North. Let me, my esteemed sir, warn you of the danger. Millions have been sent here and will be used in the interest of Tilden, aud unless some counter move? ment is made, it will be impossible for me, or any other individual, to arrest its productive results. The gentleman pre? senting this letter is fully aware of the moves, and if you allow, will communi? cate freely. See our friends and act promptly, or the result will be disastrous. A hiut to the wise. Strictly private and confidential. Yours, very truly, (Signed J J. MADISON WELLS. j. R. West, Washington, D. C. Of course Wells and the other mem? bers of this board all deny these allega? tions, but the support given the sworn statements of Littlefield and Maddox by the written documents is too strong to be circumvented by the word of Wells or other members of the board. The coun? try has at last awakened to the true con? dition of affairs in Louisiana, and we have no doubt the result of these discov? eries will materially strengthen the Dem? ocratic cause. ? Capt. Wade H. Manning has been appointed Private Secretary to Governor Hampton. He is a son of Ex-Go v. Man n'ms- '?? "ADMINISTRATION OF ABRAHAM LINCOLN." The February number of The Galaxy contains an interesting paper with the above caption from the pen of Hon. Gideon Welles, who was Secretary of the Navy under President Lincoln, giving an account of the struggle in Congress relative to the slavery question in 1861, and the events subsequent to that period foreshadowing the reconstruction of "the seceding States. The views of Mr. Lin? coln are clearly and succinctly stated on both questions, and doubtless the narra? tive is faithful and accurate. Inciden? tally, the character and political career of Thaddeus Stevens are touched upon in this article. These topics before a South? ern audience are intensely interesting, and the light thrown upon them by so competent a writer as Mr. Welles, who was an active participant in tbe stirring events of that stormy period, reveals much that is striking and piquant to an ex Confederate, who was deprived the privilege and denied the pleasure of pe? rusing the newspapers of that time, owing to an inconvenient blockade and other insurmountable barriers to frequent com? munication with our Northern brethren. The administration of Mr. Lincoln was without any definite policy when Con? gress convened in December, 1861, and conflicting views in regard to the slavery question in all its aspects prevailed. The Democrats insisted that fugitive slaves should be returned to their masters, as in time of peace, and a portion of the Re? publicans coincided with this view.? Others insisted that only the slaves of loyal owners were to be returned, and still others contended that there was to be no rendition of servants, even in loyal or border States, where the owners had forfeited protection by resisting laws and setting at defiance tbe authorities. The treatment of captured rebels and the confiscation of their property were agita? ted questions, and the status of seceding States when the rebellion should be sup? pressed were also beginning to be contro? verted points. These questions were to be dealt with in such a manner as not to alienate friends or give unnecessary of? fence, while maintaining the authority of the government and the preservation of the Union. Congress came together fired with indignation aud revenge, and great? ly exasperated towards the rebels for maintaining an armed defiance against the government, and a large portion of the members were dissatisfied with the administration of Mr. Lincoln for delays and procrastinations iu prosecuting the war. Democrats complained that the President transcended his rightful au? thority, while the extreme Republicans asserted that he was not sufficiently ag? gressive. Senator Stimner, after months were devoted to crude and impracticable schemes, submitted his project for over? throwing the governments of seceding States and reducing them to a territorial condition, and including with this sub? version the abolition of slavery. It was the enunciation of a policy that was in conflict with the Constitution, and would change the character of the government, but which he intended to force upon the administration. President Lincoln was excessively an? noyed at the extreme, unconstitutional and revolutionary theories of tbe Massa? chusetts Senator, and felt that it was pre? cipitating issues on delicate and impor? tant subjects at a critical period?issues involving the structure of the govern? ment and the stability of its system. He could not afford to have a controversy with Sumner, however, and so managed as to check violent and aggressive de? mands by interposing delay and nou action. In the meantime, the subjects of slavery, reconstruction and confiscation were being vehemently discussed in Con? gress. On the subject of confiscation, the Republicans entertained widely dif? ferent opinions. Thad. Stevens, who was a born revolutionist, went for the imme? diate and unsparing confiscation of prop? erty by act of Congress without awaiting judicial proceedings. He and his follow? ers wanted the rebels treated as foreign? ers ; the States in insurrection to be re? duced to the condition of provinces; the people to be subjugated and their proper? ty taken to defray the expenses of the war. Mr. Sumner was in favor of ex? treme measures, and urged that Congress should embrace "the opportunity which Gud in his beneficence had offered" to extinguish by arbitrary enactment the institution of slavery, and destroy all claim to reserved sovereignty in the Stales. Milder men were opposed to any illegal and unjustifiable enactment, and it came to be understood that the President would place his veto upon any extreme and unconstitutional measures. This information, with the certainty that his veto would be sustained, checked the extremists for the time being, who were disposed to assume that Congress might exercise not only legislative, but judicial and executive powers. The measure pro? posed to confiscate property and condemn rebels without trial and conviction, but Mr. Lincoln explicitly made known that "r gular trials in duly constituted courts," were to be observed, aud the rights of the executive and judicial departments sepa? rately maintained. His determination was uniformly expressed to regard indi? vidual rights, and not to impose penalty or inflict punishment for alleged crimes, whether treason or felony, until after trial and conviction. The legal and perplexing difficulties of the slavery question, which was the al? leged cause of secession aud war, preven? ted the enforcement of any decisive poli? cy. Slavery was recognized by the con? stitution and the laws, and the surrender and rendition of fugitives from service to their owners was commanded. But a majority of the slave-owners were in open insurrection, although many citi? zens in the South were deemed loyal, and what policy could the administration adopt in regard to these two classes of citizens of the same State? Five or six border States did not secede, the majority of whose citizens were supporters of the Union, while a strong minority were actual rebels. The fugitive slave law was enforced for a time in the border States. This led to infinite trouble and disagreement among the several factions of the Republicans?the radical portion declaring that the laws were inoperative in regard to slavery. Yet no person seemed capable of devising a constitu? tional, practical plan for the emancipa? tion of the slaves. Senator Sumner pro posed a set of revolutionary resolutions, declaring that it is the dutv of Congress "to see that everywhere in this extensive (secession) territory'slavery shall cease to exist practicaally, as it has already ceased to exist constitutionally and mor? ally." The growing sentiment in the North favorable to abolition added to the difficulties of the administration, yet the President was not prepared to act upon or admit the rightful authority of the national government to abolish or inter? fere with an institution that belonged exclusively to the States, though entreat? ed and urged thereto by sincere party friends. On the 6th of March, 1862, he sent a message to Congress proposing a plan of voluntary and compensated emancipation, in which he suggested that "the United States ought to co? operate with any State which may adopt gradual abolishment of slavery, giving to each State pecuniary aid," &c. The policy of voluntary emancipation, how? ever, was destined to become a failure, as the border States through their rep? resentatives in Congress would not take the initiative, although in a better posi? tion to test its value than any other sec? tion. Becoming convinced that this plan would not succeed, President Lincoln determined to proclaim freedom to all slaves in the Southern States, if the war continued to be prosecuted after a certain date. This bold and revolutionary meas? ure could not be justified on any other ground than as a military necessity, but it was welcomed by a vast majority of people in the free States, even though it was unexpected and startling iu its char? acter. The extreme anti-slavery and pro-slavery men seized the occasion to create distrust and alarm, and the result of the election in the autumn of 1862 was adverse to the administration.- The President persevered, however, in the belief that this step was justifiable and necessary, and consummated his purpose by a final proclamation on the 1st of January, 1863. On the subject of reconstruction, Pres? ident Lincoln differed widely and abso j lutely from the revolutionary views and J schemes of Senator Suraner, who was the recognized leader oi the extremists. Resolutions introduced by Mr. Dixon were diametrically opposed to the prin? ciples and project of the Massachusetts Senator, and it was directly known that the President coincided with the Con? necticut Senator in the opinion that all the acts and ordinances of secession were mere nullities, and should be so treated ; that while such acts might subject indi? viduals to penalties and forfeitures, they did not in any degree effect the States as commonwealths, and their relations to the Federal government; that such acts were rebellious, insurrectionary and hos? tile on the part of the persons engaged in them, but that the States, notwithstand? ing the acts and conspiracies of individ? uals, were still members of the Federal Union, and that the loyal citizens of these States had forfeited none ot their rights, but were entitled to all the protec? tion and privileges guaranteed by the Constitution. The theory and principles set forth in Senator Dixon's resolutions were the opinions and convictions of the President, deliberately formed and con? sistently maintained while he lived, ac? cording to Mr. Welles. In his view there was no actual secession, no dismembering of the Union, no change in the constitu? tion and the government; the relative position of the States and the Federal government were unchanged; the or? ganic, fundamental laws of neither were altered by the sectional conspiracy; the entire people of the two sections were American citizens; each person was re? sponsible for his own acts and amenable to law; and he was also entitled to the protection of the law, and the rights and privileges secured by the Constitution. The confiscation and emancipation schemes concerning which there was so much excitement and anxiety in Con? gress were secondary in importance to the all-absorbing question as to preserv? ing the Union. The lact that the administration had lost ground among the people in conse queuce of its emancipation policy served for a time to promote unity of feeling among the members when Congress con? vened in December, 1862. The shock occasioned by the measure when first announced had done its work. The timid, who had doubted the necessity and ?egality of the act, and feared its conse? quences, recovered their equipoise, and a re-action followed which strengthened the President iu public confidence. The radical extremists, However, especially the advocates of Congressional suprema? cy, begau in the course of the winter to re-assert their own peculiar ideas and their intention of enforcing a more ex? treme policy. Thaddens Steveus em? braced an early opportunity to declare his ultra views, which were radically and totally antagonistic to those of the Presi? dent, yet he made no open, hostile de? monstration toward Mr. Lincoln person ally. His craftiness and cunning as a politician and a party tactician taught him better, and his opposition was re? stricted mainly to contemptuous expres? sions in private conversation against the executive policy and general manage? ment of affairs, which was sneered at as weak and inefficient. His personal in? tercourse with members, coupled with his talents and eloquence on the floor, gave him influence on ordinary occasions, yet his revolutionary ideas caused the calm and considerate to distrust his opin? ions and disclaim his leadership. His disciples and adherents became more partisan and numerous at a later period, when the affable Lincoln had given place to the impetuous Johnson, and the oppor? tunity was furnished for a greater display] of his intolerant opinions. We cannot devote space enough this week to develop fully the ideas sought to be impressed by this instructive and en? tertaining article from the Ex-Secretary of the Navy. What we have already given is in the language of Mr. Welles almost exclusively, although greatly cur? tailed of its fair proportions as an accu? rate resume of important events. The delineation of Thad. Stevens' character and antecedents, together with his con? duct towards Mr. Lincoln, make an in? teresting feature of this racy sketch, which we regret is too much beyond the usual length for re-production in our columns. ? Col. Thomas Taylor, of Columbia, has received the appointment of Inspector of Phosphates from Gov. Hampton. THE ELECTORAL COMMISSION*. The joint convention of the Senate and House of Representatives met on Thurs? day last, under the provisions of the electoral law recently enacted by Con? gress. The count of the electoral vote proceeded without any trouble or inter? ruption through the States of Alabama, Arkansas, California, Colorado, Connec? ticut and Delaware, and when the vote of Florida was reached, objection was made by the Democrats against the count for Hayes and Wheeler, which ob? jection was submitted in writing by David Dudly Field, of New* York. In accordance with the provisions of the Electoral bill, the duplicate returns and the objections, together with other pa? pers, were referred to the Electoral Com? mission, which met in the afternoon and proceeded at once to discharge the duty imposed upon them to hear and deter? mine all matters in dispute relating to the vote for President and Vice President. Both parties are represented before the commission by able lawyers?the Demo? crats by Judge Jeremiah S. Black, Chas. O'Conor, Matt. Carpenter and Ex-Sena? tor Trumbull, and the Republicans by Wm. M. Evarts, E. W. Stoughton, and others. The commission has been close? ly engaged upon the Florida vote since Thursday, and it is thought that a con? clusion will be reached to-day. It is useless to conjecture as to the probable action of the commission, or to speculate upon the consequences of their decision. The weighty issue will be settled within a few days, and we have the utmost con? fidence in the certainty of triumph for Mr. Tilden, who has justice, right and law in his favor. JUDGE MACKEY'S DECISION. The points of Judge Mackey's recent decision that Gen. Hampton is the lawful Governor of South Carolina are given in another column. The decision was filed on Saturday last, aud has appeared in full in the Columbia Register. The issue is squarely joined, and this important question must be speedily settled by the Supreme Court. Every interest of the State is dependent in some measure upon the decision as to who is the rightful Governor, and its pressing importance will not admit much longer delay. The voters decided in favor of Wade Hamp? ton, and every Circuit Court has either recognized him as the Governor elect or affirmed the choice of the people, where the issue has been made. Even Judge Carpenter's decision does not deny that Hampton was legally elected, but goes off upon the idea that he was not proper? ly installed into office. The contumacy of the Senate in refusing to recognize the legal House of Representatives afforded an opportunity for Judge Carpenter to get astride this question, and his entire decision rests upon the failure to give the usual notification to the Senate, when it is a notorious fact that the Republican Senators were exercising an arbitrary force in preventing the delivery of a mes? sage of any kind from the Wallace House of Representatives. JUDGE COOKE'S CHARGE TO THE GRAND JURY. Gentlemen of the Grand Jury : Among the various duties of the Jury iu their grand inquest of the County is to visit all the offices in the Court House, and to see that the various offices of the County are faithfully discharging their respective duties. You should visit each of the officers and make a true report of their condition to the Court. I desire particularly to call your atten? tion to the Jury Commissioners, with the hope that you will strictly inquire into the manner in which they have been heretofore discharging their duty. There are three Commissioners?the Auditor and Chairman of the Board of County Commissioners are ex officio Jury Com? missioners, and act with the Commis? sioner appointed by the Governor.? Sometimes the Jury Commissioner as? sumes the whole responsibility. This is not right, as the others are equally re? sponsible. The name of no man should be put on the list from which Jurors are drawn unless he is personally known to at least one of the Jury Commissioners to be possessed of the necessary qualifica? tions, of sound judgment, good character and free from legal exceptions. The law does not require that he shall be a white man or a black man, but a man of good character and sound judgment. It is a part of your duty to visit the jail, examine into its condition, and as? certain whether or not the inmates are properly fed, clothed and kept couiforta ole. In most prisons the use of fire-place aud stoves has been discontinued, owing to the danger of the inmates setting fire to the building, but in many other pris? ons stoves have been put up in the halls, by which means the prisoners may iu some degn-e be prevented, from unneceu sary suffering from cold during inclement weather. Ihe law does not assume to punish a prisoner awaiting trial in prison. Aside from humanity it is our interest to prevent a prisoner from becoming sick? lor should he be sick the cost of attend? ing him would be greater than the ex? pense of keeping fires. You should also visit the Poor House of the County, and inform yourselves as to the true condition of the paupers. The poor unfortunates of the County are cared for at the public expense, and it is your duty to see that they are humanely treated, and the intention of the law car? ried out. Especial attention is directed to the Trial Justices. It is your duty to en? quire into the manner in which they per? form their duties. They often abuse their power by arresting parties for trivial offences, and inflict an unnecessa? ry cost upon the country. They are re? quired by law to hold a preliminary ex? amination in every case, and they often neglect to perform this important duty. The neglect of this duty on the part of these officials is often embarrassing to the Solicitor, and frequently delays the work of this Court. By such a course of neglect the Solicitor is "kept iu the dark as to the merits of a case, while the de? fendant may in tbe meantime employ the best of counsel who is fully informed upon the case. Gentlemen of the Grand Jury: In con? nection with your County government, the office of County Commissioner is sec? ond to none other. These offices are in? vested with power to tax your people, to pass upon, audit and direct the payment of all claims against the County. Such being the case, you must readily discover how very important it is to the people that the duties and powers of the County Commissioners be so performed and ex? ercised as to secure the interest and wel? fare of the whole people. Their duty does not cease here. Ihey are charged with the care of the unfortunate poor of your County. They are required to keep your br,. ges in good repair, and your public roads in good travi ling order; and the law provides lor their punishment for default in the performance of any duty imposed upon them. _ You will, therefore, make such investigation and inquiry as to the management of your County affairs by the Commissioners, as will secure the best interest of the people whom you represent. .. . I ? II. . m .11 ? ? , I ? , . Gentlemen of the Grand Jury, it is proper that I should direct your attention to the liquor license law of the State. The tendency of our people to indulge in the use of intoxicating liquors is weh cal? culated to cause just alarm to those who have the good of society at heart in this respect. The entire fabric of society is endangered by this growing evil. The combined efforts of the temperance re? former, the watchman of Go<l upon the walls of Zion, and the wisdom of our Leg? islature, have most sadly failed so far to bring any relief to us against the tri umphiai march of this great destroyer of the human family, and, without design? ing to reflect upon the Legislature, I am firmly impressed with the idea that noth iug short of absolute prohibition of the sale of spirituous liquors will ever crush the monster intemperance. But what? ever may be the defect in the law as it stands, it is nevertheless the duty of the Courts to enforce it. By the Act of March 19, 1874, chapter 80, of Title 14, part 1, of the general statutes, relating to the granting of retail and* tavern licenses, are declared to be applicable solely to the granting of licenses within the limits of incorporated cities, towns and villages. A party de? sirous of retailing spirituous liquors in? side of corporate cities, towns and vil? lages by the Act of March 19, 1874, is re? quired to make application for license to the corporate authorities thereof. The law requires that the applicant shall be recommended by six respectable tax? payers of his neighborhood; that he shall enter into bond in the sum of one thou? sand dollars, with three good securities, for the keeping of an orderly house. The bond mu9t be filed in the office of the clerk of the city or town council, and a copy thereof be filed with the Clerk of the Court of General Sessions in the County where the bond is given. When you come to examine-the County Clerk's office you will ascertain whether the corporate authorities throughout your County have complied with this require? ment of the law. As a general thing, persons who engage in the traffic can by no means be considered very respectable, and the corporate authorities of cities and towns would do well to reject all applica? tions recommended by persons engaged in the traffic. If you should find that any of these irregularities do exist you will report it to the Court. If any person has filed his petition with the Clerk for license to retail out? side of incorporated cities, townsj &c, it will be your duty to pass upon the same, and recommeHd whether or not the peti? tioner should receive a license, and the price at which the same shall be uniform for all applicants. By this act it is pro? vided that if -any person shall wilfully furnish any intoxicating drink, by sale, gift or otherwise to any person of known intemperate habits, or to any person when drunk or intoxicated, or to a minor, or to any insane person, for use as a bev? erage, shall be held and deemed a misde? meanor, and, upon conviction thereof, the offender shall be fined not less than ten or more than one thousand dollars and imprisoned not less than ten nor more than thirty days. Some one or more of your body may know of persons engaged in this traffic, having violated the law in this respect. If so you will pre? sent them. The Court also desires to direct your attention to the practice of selling, tra? ding or bartering spirituous liquors on Sunday. Such practice is in violation of the law, and you will present all whom you may know to have offended against the law in this particular. This general direction of your attention to the liquor license law of the State I trust may be sufficient to put you in possession of your duty, but as the Act is long it may be well for you to read it at your leisure. Gentlemen of the Grand Jury, our peo? ple have just passed through a general election, characterized by an unusual amount of enthusiasm and excitement, and the neglect of the General Assembly of this State, to provide for the registra? tion of all persons entitled to vote, has perhaps opened wide the door for the perpetration of fraud in said electioo. The purity of the ballot box ought by all means to be protected against fraud, and, although we are without a registration law, if your body should address itself as? siduously to the task of investigating whether there was fraud practiced in the late election, such investigation would have a most wholesome effect, and tend greatly to secure us against much of fraud in all future elections. I trust, therefore, you will give this matter your most earnest consideration. Gentlemen of the Grand jury, you will remember that on the 7th of October, 1876, the then Governor of the State, Mr. D. H. Chamberlain, issued a proclama? tion to the effect that there existed cer? tain organizations and combinations of men in all the counties of the State, en? gaged in promoting illegal objects, and committing actual deeds of violence. Now, this is either true or false as to the people of Anderson County?a people, whom you represent as the grand inquest. It is eminently proper in justice to your? selves, as well as the people of your County, to faithfully and dilligently in? quire into affairs, and a true presentment make to the Court, whether or not, "cer? tain organizations of men did exist in the County of Anderson for the purpose of promoting illegal objects and in commit tingopen acts of lawlessnesand violence." If you should find, upon fu'l and fair in? vestigation of "the subject given you in charge by the Court, that the said proc? lamation of His then Excellency was true as to yourselves and the people of your County, you will so say; and upon ?ach investigation you should find that the charges contained in said proclama? tion do not apply to the people of your County, and that as to them it is false, defamatory and libelous, you will so say. Gentlemen of the Grand Jury, I also desire to direct your attention to the crime of treason against a State. It has been suggested by some that by the Con? stitution and its amendments, the exis? tence of the States as separate and inde? pendent sovereignties has been merged into the General Government, which, absorbing the States, has become one great nation ; and that in consequence, the States are sovereign in such sense as to be entitled to the allegiance of their citizens respectively ; and that the crime of treason cannot be committed against a State Government. The judgment of the Court is not in accord with such a doctrine. South Carolina is one of the original States which formed the Federal Government. She was certainly sover? eign then as to all powers not delegated to the General Government; and it does not appear when, where or how she relin? quished that sovereignty. The Court is, therefore, of the opinion that the crime of treason can be committed against the State of South Carolina. This crime has almost been lost sight of, which is per? haps owing to the fact that so far it has been of rare occurrance. Treason against a State Government is well defined in the books, and its punishment provided for. And although it has been buried under the last fifty years of our existence as a State, it should be unearthed on all proper occasions. In investigating the crime of treason against the State of South Carolina, you will inquire whether or not of late an assembly of persons assuming to themselves the right to per? form certain duties under the laws of the State, did conspire to overthrow the legal governmentof said State, by seizingupou all her powers and subverting the will of the people lawfully expressed, and that some overt act was done or attempted to I be done by "them, with force, to execute or towards executing that purpose. It is unnecessary that the assembly be in con? dition to use force if needed to effect their treasonable design. If the assem? bly is arrayed in a military manner for the express purpose of overawing or in? timidating the public, and to attempt to carry into effect the treasonable design, that will of itself amount to a levy of war, although no actual blow has been struck or engagement has taken place." Gentlemen of the Grand Jury', I have endeavored briefly to define the crime of treason, and if you should find, after careful investigation, that au assembly of persons lately so demeaning them? selves in this State as to bring them within the meaning of the law as given you by the Court, you will so find and present them for indictment. Gentlemen of the Grand Jury, I am fully convinced that the hope of escaping punishment greatly encourages the com? mission of crime; especially among the depraved and wicked. There are but few persons so depraved and lost to every sense of social duty to their fellow men as to commit, for instance, the crime of murder with the full knowledge before? hand that the judgment of the law would certainly overtake them. Hence the necessity for a prompt aud most efficient discharge of every duty and power per? taining to your office. A rigid exercise of those duties and powers will have not only the effect of checking the desperate aud wicked from the commission of crime, but it will have a wholesome effect upon all your County officials. Even they will take lesson, and learn the importance of discharging faithfully to the public the duties of their respective offices. You may rest assured that the failure to discharge ;yonr consciences fully under the oath which you have taken, will not only embolden the enemies of law, order, peace and good government, but perhaps afford them the opportunity to laugh when your calamity comcth, and render every laudable effort of the Court to sup crime ineffectual. You will remember that you are not to try the cases handed you by Mr. Solicitor. Your duty in that respect is simply to hear the testimony on the part of the witnesses for the State, and "ion that you are to determine whether < ot there exist probable or reasonable cau^. to sup? port the offense or crime charged in the indictment. If you should find that the same is probably or reasonably supported by the evidence, you will return "True Bill," otherwise, you will return "No Bill." It is necessary that twelve of your body should agree to make a legal find? ing. You need not examine all the witnesses sworn and sent before you in any case. If you should be satisfied from the ex? amination of one witness that the offense or crime charged is probably or reasona? bly true, you may stop there and find "True Bill." But before you find "No Bill," it will be your duty to examine all the witnesses' sworn by Mr. Solicitor. In conclusion, gentlemen of the Grand Jury, I most profoundly regret that the present status of the government in South Carolina is anything else but desi? rable. We have two persons claiming to be the Chief Executive of the State Gen. Wade Hampton and Mr. D. H. Chamberlain. If one of these gentle? men is the Governor, the other is most certainly not; and for the purpose of settling this all-impoitant issue as to the 8th Circuit, for the present, and until de? termined by higher authority*, the Court deems it proper to give expression of its opinion, as at present advised, of the law as to who is the Governor of the State of South Carolina. The Supreme Court having decided that the Mackey House was not the legal House of Representa? tives, would necessarily force Mr. Cham? berlain to rely upon his old title to the office of Governor?that he holds over until his successor qualifies, &c. Let us see if this position is tenable. Upon ex? amination of the Constitution, I find that there are three possible contingen? cies under which Gov. Chamberlain might hold over. First. In the event of a tie in the votes cast for Governor. Second. When there is a protest or con? test as to who has been elected. Third. Until his successor qualifies. Neither of the first two contingencies has trans? pired; and as to the third, Gen. Hamp? ton having received a majority of all the votes cast for Governor, has qualified; and unless the failure of the Senate to attend the House of Representatives at the time it declared him elected invali? dates his right to exercise the duties of Governor, he is to-day the Governor of the State of South Carolina. And upon this point the Court holds that the con? duct of the Senate to defeat the will of the majority of the people as expressed at the ballot-box, was revolutionary in its character; that the unlawful refusal of the Senate to participate in the inau? guration of Gen. Hampton as the Gover? nor elect, cannot defeat his right to per? form the duties of the office; that the Constitution executes itself. "That which should have been done was done." The Court, therefore, recognizing the fact that Wade Hampton was duly installed as Governor of the State of South Carolina on the 14th day of December, A. D. 1876, will respect his official acts as such throughout the Eighth Circuit, and none other. Such being the judgment of the Court, it would instruct you to make in? quiry and true presentment of any and all persons who may be, or attempting, to perform the duties of any office as an appointee of Mr. Chamberlain under commissions issued by him since the 14th day of December, 1876, or by virtue of any commission issued prior to said date, where notice of removal has been given by Governor Hampton. There is but one verdict, and that is thatin thirty-three years Dr. Bull's Cough Syrup has never failed to cure a Cougn, Cold or general Hoarseness. At drug stores. Price 25 cents; five bottles, $1. "Old Reliable*" There are many reputed remedies for that very prevalent disease, Chronic Nasal Ca? tarrh, but none which have given general satisfaction and become acknowledged stan? dard preparations, except Dr. Sage's Catarrh Remedy. It continues to enjoy an unprece? dented popularity. This reputation has been earned through the permanent cures which it has wrought, having proved itself a specific in the worst forms of the disease. Pierce's Pocket Memorandum Books are given away at drug stores. Advice Gratis. The Hon. Alexander H. Stevens says "The Globe Flower Cough Syrup has proven a most valuable remedy to me." Gov. James M. Smith, of Georgia says: "I shall always use it with perfect confi? dence, and recommend it to the public as a remedy which will afford that satis? faction experienced by me and mine. It excels everything for coughs, colds aud obstinate lung affections." Ex-Gov. Brown, of Ga., says:?"He finds the Globe Flower Cough Syrup a most excellent remedy." Such endorsement "by our great and good men deserves the attention of the afflicted. Those suffering from cough, colds and lung affections should use the Globe Flower Cough Syrup. It will pos? itively cure consumption. For sale by Simpson & Sadler._ "VT.OTICK OF FINAL SETTLEMENT. JLl Notice is hereby given that the under? signed, Executor of Estate John Gambrell, deceased, will apply tn the Judge of Frohate for Anderson County, on Tuesday. 13th day of Murch next, for a Final Settlement and discharge from said Estate. JOHN WILSON. Ex'r. Feb 8, 1877 30 5* SHERIFF'S SALE. BY virtue of an Execution to me di? rected, I will expose to sale on the FIRST MONDAY in MARCH next, at at Anderson Court House, the following property, to wit: One Tract of Land, containing eighty (80) acres, more or lesa, situate iii Anderson County, bounded by lands of A. L. McMa han, Thomas Jones* and others, levied on as the property of J. D. Welch at the suit of Robert A. 6ray. Terms cash?purchaser to pay extra tor papers. JAS. H. McCONNELL, Sheriff Anderson County. Feb 8, 1877 30 4 * ' P. K, McCULLY. p. s. TAYLOR. NEW FIRM. :L?cCULLlT & TAYLOB OFFER FOR CASH OR COTTON, AT LOWEST POSSIBLE PRICES, FLOUR. BACON, CORN, SALT LARD, SUGAR, COFFEE, RICE* MOLASSES, BOOTS. SHOES, H\TS CAPS, TRUNKS, DRY GOODS. NOTIONS CLOTHING, CASSIMERES, JEANS, ? HARDWARE and CUTLERY, &c. &c. &c. &c. AT COST?Lot Ladies' HATS, FURS, SHAWLS and BALMORALS. J2=r> Purchasers will save the trouble and expense of going elsewhere bv calling upon b McCULLY & TAYLOR, Anderson, S. C. FERTILIZERS WITH COTTON OPTION. Seventeen Cents for Middling ! The Georgia Grange Fertilizer. The Georgia Grange Ammoniatcd Bone Acid Phos? phate. Russell Coe's Superphosphate of Lime. Feb 1, 1877_M M';C':','-Y * TAYL?R' GILREATH & PEOPLES, WHOLESALE and RETAIL DEALERS IN TIN WARE, COOKING and HEATING STOVES. HOUSE FURNISHING GOODS, &c. &c. GALL on PEOPLES and he will sell the above Goods cheaper than^hey ever have been sold in Anderson or Greenville. We arc i going to sell. MERCHANTS will save their RAGS, <tc., until Mr. Water conies to see them with our Tin Wagon. We have good Mechanics, and will give so? cial attention to Repairing, Roofing, Guttering. Call on Peoples, and you will always tine him in the Cotton Miuket. Feb 1, 1877 29_ly LIBERAL TERMS FOR FERTILIZERS FOR THE YEAR 1877. W E OFFER FOR SALE, through our Agents, the following Genuine Fertil? izers, long established and well known in this County, and still warranted as fully up to standard :? Carolina Fertilizer, Brad ley's Patent Phosphate, Palmetto Acid Phosphate. For terms apply to the following Agents in Anderson County : BLECKLEY, BROWN it CO., Anderson, S. C.Carolina Fertilizer and AcfdPhos. A. B. TOWERS, Anderson, 8. C.Bradley's Patent Phosphate. J. C. CHERRY, Pendleton, S. C.Carolina Fertilizer and Acid Phosphate. T. CRYMES & CO., Williamston, S. C.Carolina Fertilizer and Acid Phosphate. C. E. HORTON, Williamston, S. C..Bradley's Patent Phosphate. A. J. STRINGER & CO., Belton, S. C.Carolina Fertilizer and Acid Phosphate. LEE & SLOAN, Honea Path, 8. C.Bradley's Patent and Acid Phosphate. D: S. McCULLOUGH, Honea Path, S. C.Carolina Fertilizer and Acid Phosphate. pir- Call and see the above agents before purchasing your Guanos. We sell them for Cash, on good credit, or for Cotton at fifteen cents per pound. CEO. W. WILLIAMS & CO., Charleston, S- C. Feb 1,1877 _29 3m The undersigned lias been appointed by Governor Hampton as Special Agent to re? ceive and receipt for the contribution of ten per cent, upon the amount of the State and County tax of 1875-76, authorized by the House of Representatives. The receipts issued by me will be accepted as evidence of payment on the collection of taxes to be hereafter levied by the Legislature for the said fiscal year. The following appointments are made for the ensuing week : I At Belton on Thursday, February 15th, from 10 a. m. until 4 p. m. \ At Williamston on Friday, 16th Februa- \ ry?the entire day. At Honea Path on Saturday, 17th Feb? ruary, from 11 a. m. until 3 p. m. Tax-payers will oblige me by bringing their receipts for last year. JAMES A. HOYT, Special Agent. Feb 8, 1877 30 LOST JSOTES. THE following Notes due me, signed by Jeptha Harper, have been lost: One dated Marcli :20th, 1876, for Seventy Dollars, payable at demand after ten days notice, with a credit of fifteen dollars on it. Also, one of the same date for Forty- nine Dollars, payable in February, 1877. All persons are hereby notified not. to trade for either of these Notes. The money has been tendered to pay these Notes, and any one finding them will confer a favor by returning them to the undersigned. MARGARET BROOKS. Feb 8, 1877 30? 1 MARBLE YARD. THE undersigned respectfully informs the public that he has a stock of new Marble, of excellent quality, en route for this place, and in a few days will open a Marble Yard, where he will" keep on hand firs'-class stock, and ?be prepared to fill all orders for Monuments, Tablets and Furniture Marble, In fine style. Give me a call and save money, as I am determined to give satisfac? tion in my work, and to fill orders at such prices as I cannot be undersold. SAMUEL MURPHY, Anderson, S. C. Feb 8, 1877 30 3m Valuable Town Property for Sale! IOFFER for sale Two Hundred (200) acres of Land, lying within, and contiguous to, the corporate limits of the Town of An? derson. This property was formerly a por? tion of the homestead lands of Daniel Brown, late deceased. It contains beautiful building sites, a model farm, and an abun? dance of good timber. Will sell all togeth? er, or in parcels to suit purchasers. Apply to the undersigned at Williamston, S. C, or E. W. Brown, Anderson Court House. B. F. BROWN, Trustee. Feb 1, 1877 29 3m MANTUA-MAKING. MRS. H. J. WELCH wishes to inform lier friends and the public generally that she is still doing Ladies' and Children's Work in the very latest style, cheaper than any one else in town, and all orders prompt? ly executed. Give her ,a call before going elsewhere. Location on west side Main Street, hext to railroad bridge. . Jan 18.1877 27 ' 6m ' SIMPSON & SADLER, BENSON HOUSE CORNER, Dealers in Drugs, Medicines, &c., Are just receiving a large variety of FRESH (UDER SEEDS, From those most reliable Seed Gardens of Rob't Buist. jr., D. M. Ferry & Co., and Johnson, Robbins & Co., at wholesale or retail. ALSO, CHEMICALS : ' FOR Home Made Fertilizer, At lowest prices for Cash. Feb I, 1877 29 CARSWELL INSTITUTE, Located 13 Miles South of Ander sou Village. FEBPETUAL C ALE NT AB. SPRING TERM of Six Months begins First Monday in February. Fall Term of Three Months begins First Monday ;n September. BATES OF TUITION. For Spring Term? Primaries.$10 00 Academics. 16 00 Collegiates. 20 00 Music.- 18 00 For Fall Term Primaries. 5 00 Academics. 8 00 Collegiates. 10 00 Music. 9 00 pH- Incidental Fee, per term, upon entry. 25 INSTEUCTOBS. College Department will be under the care of E. R. Cabswell, Jr., A. M. Primaries and Academics will be under the supervision and instruction of W. E. Walters. A thoroughly competent Teacher will pre? side over the Musical and Art Departments. OTHER ITEMS. 1. Tuition is due at beginning of each ses? sion, and all dues must be paid by the mid? dle t>f November. 2. We promise to advance such pupils only as arc regular in attendance. ? No deduction will be made for lost time except as occasioned by protracted sickess. 4. Board can be had in good families near the Institute for $9 toaBlO per month. For further particulars address cither of the Principals. E. R. CARSWELL, Jr., W. E. WALTERS. Storev?le, S. (?., January, 1877. Jan 25, 1877_28 Notice of Dissolution. THE Firm of Sutherland & Armstrong is this day dissolved, Mr. W. C. Arm? strong having purchased the interest of J. N. Sutherland in the Goods now on hand, store furniture, fixtures, &c, belong? ing to and owned by the firm of Sutherland & Armstrong. J. N. SUTHERLAND, W. C. ARMSTRONG. Belton, S. C, Jan. 29,1877. I will continue business at the old stand, in firm name.of W. C. ARMSTRONG. ' Feh 1, 1877_29 MORTGAGEE'S SALE. BY virtue of a Mortgage executed to me by J. H. Ouzts, 1 will sell at Anderson v. ri., S. C, on Monday, the 12th day of February next, one grey Mule and *one chestnut sorrel Mare?property substituted for one grey Mare and one bay Mule Colt, . described m said mortgage. Terms cash. ? C. A. REED, Mortgagee. Feb 1,1877 . - 39 2 "