University of South Carolina Libraries
BY E. B. MURRAY & CO. ANDERSON, S. C., THURSDAY, APRIL 10, 1879. VOL XIV-NO. 39 ?ATRi Off HUBSCRIPTIOS.-Ovx IIOLLAR cud Fi KT >' <'I:NTH per aunara. In advance. Two IK)Lus at end of year. SKVKSTV-FIVK CKXTS for six months. Subscriptions are not taken for a less peilod . ban six mouths. KATHI OF APVKRTfSfxa.-Otie I>o|l?r per S'Mia e ol one loch for the first lnsertiou.aud Fifty Ctl ts per square forsutweouent inger? ions lesslhan three months. No advertisements coubteless than e. suuare. i lt?ral(Oiitracts will be made with those wishing lo advertise for three, sis. ..r twelve months. Ad Te-tl-tng br contract mu?; be counm-d to the im mol?ate business of I bi firm or individual contrac ting. ?.li tnary Notices exceeding Ave lines, Trllmtcs of Respect, and all personal communications or matten? of Individual Interest, will lie charged for at advertising rales. Announcements of marriages iud deaths, and notices of a religious character, ure etpectfullr solicited, and will be inserted gratis Hpcoch of Hon. I). Wyatt Aiken lu Cnii RTcan, Hurch 4th, 1879, On tho Petition of (lie .McKay Sewing Muchlne Assortit? tlon Aakiusr un Kxtcnslon of the Mathies Tn to ut. Mr. Speaker, there is perhaps no one implement that portrays more beautifully the progresa of inventions in this country ami thc inventive genius of the Ameri can mimi than tho McKay Hewing ma chine. It is au implement complex and yet simple ; there is little that is auto matic in it, and yet il has only to he guided in its movements, when it accom plishes work that can neither be equaled or surpassed by the most skillful me chanic. This machine comprises per haps fifty patents, thc results of as many combined intellects, thc controlling one of which will expire during the current year. The purpose of the petition now under consideration is to secure a new lease of life to this controlling patent, and thereby continue lo its owners the privilege of levying or imposing a spfci fied royalty upon every pair pf shoes the Boles of which have been sewed to tba uppers by any one o' the twelve hundred machines now in operation throughout the United .States. Anterior to the war there were very : few large >hoc manufactories. All shoes were made by hand, the material of which they were mittle being cut out and distributed among mechanics who did most of their work at their homes. The demand, however, was treater than the Bupply, and the thoughtful American mechanic soon proved himself equal to tho occasion. Invention, protected hy thc wise provisions of our organic law", waa not long in substituting machinery for muscle, and foremost among the minds that contributed to this end was one L. It. Wade, who in 1800 secured letters-patent upon a machine for hot loming boots and shoes. Without being perfected, this machine was sohl to Mr. (Jordon McKay, of Cambridge, Mawa chusetts, a shoe manufacturer, in WIIOBC employment lived a Mr. lt. II. Matines. This employee being a man of peculiarly inventive powers, was assigned thc duty of working, and, if practicable, perfect ing this machine. Ho gave it constant study for months ; and so closely did he apply himself that an idiosyncrasy waa produced that resulted in his committing suicide. During his employment by Mr. Mc Kay, Mr. Matines received wages that averaged $3 per tiny, and in August, 18U2, was awarded letters-patent for an improvement upon the McKay machine, (thc Dlntlc patent.} As *ooa-?? this waa done McKa^y . ;itfjprjsed t<y*^Vgtffijljft^o juin profier was rejected, Mathir?^rererriiig lo sell bis patent, which lie .did, in the apring of 1SG3, to McKay, for $9,000 cash. In October, 180.1, the name year be sold II?B patent, and before it had been satisfactorily tested by the purchaser, Mathies, in a fit of abberration commit ted suicide. Mr. McKay continued to improve this machine, and finally organized a com pany, known as thc McKay Sewing Ma chine Association, who built these ma chines and sold them at about the cost of manufacture to shoe manufacturers, ex acting a small royalty of from ono to three cents upon every pair of shoes made upon them. Anterior to 18G0 the life of n patent was by law limited to fourteen yean, with the privilege, however, of an exten sion for seven yenr? under certain condi tions. The patent of Mr. Blade, which i ? one. of the controlling patents in the McKay machine, was issued in 18(50 for fourteen years, and extended for seven, and will therefore expire in 1881. Since 1800 the life of n patent is legiti niHtely seventeen years, without the im plied condition of extension. The .Mathies patent, which is another con trolling patent in the McKay machine, Wits issued in 1802 for heventcen years, and will expire next October. Though all these patents are owned by the McKay Sewing Machine Association, thc appli cation for the extension of the Matines patent in brought in the name of Mrs. Manville, of Milwaukee, Wisconsin, who w is the widow of 'he inventor Mathies, and the reason assigned why the exten sion should he granted is that $9,000, the amount paid by McKay to Mathies for the i ii ven lion, was inadequate coinpensa t on for the incalculable advantagts re sulting to thc publie from thc use of this patent. It will be observed that the j a't-nt was granted in August, 1802 ; the $9.11(10 wt re paid in the spring of 1803, before tho utility of the patent waa thoroughly appreciated, mid in the fall of that same year the patentee commit ted suicide. Thc McKay sewing mnchiue as nt present built is about six feet high, and weighs over four hundred pounds. He fore the inventions of Mathieu were at tache:! to tho Blade Machine, it was Minuit, one-fourth that size, Tb?.' inven tions of Mathies were nu automatic stick lind a "revolving horn," upon which the aline i? held while being sewed, thc sew ing being simply that of attaching the soles to the upper? of the shoe. Mr. McKay organized an association, which, in attempting to perfect and utilize the Mathies inventions, incurred a debt of over $100,000 before they suc ceeded. And, indeed, they were utterly ir norn nt of the advantages of theac two i iventions until a drunken employeo somewhat recklessly held a simo upon tiie horn and made the successful effort o: -ewing entirely around tho sole with out removing thc shoe from the horn. Before this thc shoe waa sewed from the heel tf? tho toe. taken from the hom. turnod, and sowed on thc tither sido in tl o name way. This bold operative began at tho heel, sewed to the toe, held the shoe, steady, turned the born, mid sewed back nguiu to the heel. From that ' uniment tho Mathies invention became invaluable. Previous to that time forty pairs nf shoes n day was an average task upon one of these machines. Soon une h mired pair? were sewed, and to-day six hundred nair? ls ti moderate tn<*k ; n'ol .iou niau luis been known ta dow the .vdu io the upper) of nine bu ntl red pairs of shoes in ten hours. It is nowhere recorded that Matines had the most distnnt conception ol the v line of bis patent. Indued, il was not until one-third the life ol the invention b d been expended (hut the capacity of ibis machine was discovered to lie meas un I by the endurance of the operative, and not by tho ingenuitv nf the inven tion. Experience, aided by the watch: lu ine?* of the best mechunit-al talent that ?.. aid be procured, proved the value of i is wonderful machine; ami Mr. Mc Kay and his as-ociates, with commend able pcr*cvcrencc, continued to employ the lust machinists to alter, adjust and simplify it, until its capacity fur exceed ed me most sanguine expectations inf it* lubricator?. With this machine a single operative can give employment to one hundred men nm! women In preparing inc uppers anti ?oles ; and therefore can wily tve profitably used by factories. No iou- UIHII would be warranted in invest ing in this machine, though it is hy no menus high priced, (costing only about f-4/rO,) for it Would ol necessity be idle a greater portion ol the time. DOWN WITH MONOPOLIES. Mr. McKay and his associates lo.-d no time in discovering tb? fact that there was not a fortune in thc sale of these ?UKI lines, mid therefore adopted the policy of demanding a royaltv upon each and every pair of shoes sewell by any one of thc machines they manufactured ; and this royalty was made so nniall that it could not have an appreciable oliect upon tlie price of shoes except to the wholesale dealer. We are assured that 85 percent, of thc manufacturers who use '.hese machines and pay the royalties exacted by the McKay association aro in favor of hav ing '.his application for un extension granted, thus presenting the paradoxical position of the taxpayer asking to be taxed. Wc are told that thc association owning the machine incurs nil the ex pense of keeping the machine in order; that they wend salaried "visitors" at their own expense periodically to examine and repair all the machines, even those ope rated in the remotest States ; that thc in tricacy of the machine is such that only the best mechanical talent can by con stant inspection familiarize themselves with thc machines sufficiently to properly adjust and repair them ; that the ma chine can be operated by an unskilled mechanic without his discovering the fact that it ). out of order, and that in this condition it will us surely do bad work us that it will do perfect work when in perfect order ; that thc inferior work cannot be discovered until thc wearer of thc shoe discovers to his own chagrin and lo the injury >f the reputation ot the machine. When told all this, Mr. Speaker, we agree with the manufacturers that they should nt least appear liberal in their advocacy of t' is self-imposed taxation. But, sir, when wc remember that in these shoe manufactories thc system is so per fect that ?very branch of the trade is really reduced to a science; that, for in stance, thc soles themselves are weighed and valued according to weight; that thc uppers and lining and blinding and eye I lets, and even thc thread, ure all estima ted as constituting such n proportion of the aggregated cost of each pair of shoes, J that thc labor is paid for by the piece; and that tho very waste of thc manufac tory is made to become a source of reve nue to the manufacturer, wo may very well conclude that bc can tell to a cent the cost ot a pair of shoes or boots, when completed, and that to this aggregate there never fails to be added thc amount of royalty bc assumes to advocate, but which we see very clearly he must and does necessarily exact from the whole sale dealer. Mr. Speaker, allow mo to illustrate this idea. In Aibanv, New York there ia a shoe manufactory that tl;rows upon the pnhlic markets annually nine hun dred thousand pairs of women's and Misves' shoes at an average cost of a few cents over a dollar per pair. An average royalty of one and three-quarters cents per pair is paid on these shoes for the use of the nine "?lcKuy machines upon which they nre manufactured, aggregat ing tho handsome sum of $15,750. Now, sir, can any man here or elsewhere for one moment believe that this firm would pay nnnually that sum ns a protection against die possibility of some manufac turers giving a bad name to machine sewed shoes? No sir. These manufac turers know full well that every cent of this ruyalty is paid back to them by thc parties to whom they sell, and hence their udvocacy of its continuance. To my minu, Mr. Speaker, it is appa rent that if every patent : ?'.eluded in thc machine had expired, it or something better would still be used; these same "visitors" or some other substitute would still be employed, nnd that, too, at n les. expense than the agg.egated royalty paie by the manufacturers ; nnd tho McKn\ Association, which has managed its in vestments so wisely, would continuo U have an opportunity to manufacture shoe? ?.s web as build machines, whili he public would bc saved the half mil lion of dollars now annually paid as roy it 1 ty to this McKay Sewing Machine As sociation. The original Blade patent, Mr. Speak er, which is the controlling one in tin machine, has a lease of two moro year I of life. If the Matines patent is denice extension tho Blade patent will protcc this association for tiiat length of time In this material age, when progress i the watch wood of the mechanical world who can say that within thc next tw< years a betler than Mathics will not b found to nnti<;i,>ate the expiration of th Blade patent and build us n machine st il more perfect than the McKay? True, this machine has revolutionize! tho manufacture of shoes. It has virtual ly closed up the old-fashioned shoe-shops thrown away thc awl, the bristle, am thc short-legged bench; it has multiplie the laborers, increased each one's powe to produce, and given him better wages it lias greatly reduced the wholesnl price of shoes, t .nd probably given u helter shoes by retail for the money, b*J beyond this it has in no wisc bendite the mau or woman who buys a pair e shoes to wear. A pair of men's bant made shoes of 1859 that cost $3.50 wu just about such ii pair of shoes as the.'' machines turn out to-day and arc s. ld b retail for $3.50. A pair of womau shoes of excellent quality, in 1859, coul be bought at retail for $2. Tho ordin?r price to-day is perhaps a little more fe the some quality of annes. The preset style, I admit, ia heavier, may be betti made, and contains far more stock tba the shoe of 1859. But, Mr. Speaker, tb is simply fashion, which we all know fickle and changeable and ns destructif of capital perhaps ns any other ot thing. Mr. Speaker, no one questions the inl nite benefit this machine has been to tl public, nor would I by any meai characteriz it as an oppressive nionop ly if it wei not that through it there established a monopoly not anticip?t* nor warranted by our patent system. J one can doubt this. The McKay Association, Mr. Spcake I nm told, has loss than $140,000 in vc; cd in thc manufacturo of these machine und yet they propose to pay to the forr er Mrs. Mathics, now Mrs. Manvill ?s?O.OOO for a lease of four years and half of life for her controlling patent, f you will remember that the assocatii controls the Blado patent, which h two and a half years yet to live, and tl application is foi an extension of sevi years. This association must have ah?' lute control over some necessary prudi; tion from which they know certain they will realize an exorbitant anni: income, or they would not, because th could not, be so liberal to this patcnti They not only propose I.? pay M Manvilh- $10,000, but they will incur ; incidental expenses if thif extension secured. Wherefore. ?uch liberality, A Speaker? Can il arise from thc faet tl the patentee is to receive this amount a charity? No, Mr. Speaker, it can ol exist because this association arc ab: lntely Certain that they will realize immense annual income ut some uti expense thioi ihfi? t rf thc association, But, Mr. Speaker, as n further iiiriiv ment to secure the extension of this p cut the McKay association have intimal that the average royalty of one and thr quarters of a cent per pair will bc doced to peril up? one cent per pair. Decs that not assert this association to be a vast monopoly? And if so, is it to se cure protection to such corporations that the Constitution confers upon Congress the power lo protect inventors for a lim ited time in the exclusive right to their inventions? Hy no means. Mr. Speaker, to my mind ?tis problemati cal whether congressional protection could be given justly lo the unfortunate inventor who, either from choice .ir ne cessity, disposes of his proper?y before ?ti utility or success has been tested and secured. And surely, sir, it can no where bc shown even by implication that this protection is justly due toa corpora tion or association who have been and arc receiving and for some time yet will receive a most exhorbi? nt income from their investment in the .inventions and discoveries of others. In conclusion, Mr. Speaker, I assert that if this House eau favor the exten sion here asked for ibero cannot arise a ease in which the applicant should not be encouraged lo belive that there was always hope to secure an extension of a patent. NOT THE DEVIL THEY PAINTED MK. A Talk with Mr. Davis-Til? IVnr would IIUVD Taken Tinco without Him. Interview in Hutton Herald. After speaking of his experience in Pierce's Cabinet and the Mexican war, Mr. Davis was ?ed to express himself upon the late rebellion, saving: "It is generally believed in the North that I . am chiefly responsible for that great calamity. I was but one of a vast body of the South, and no more responsible than thousands of others. Tho war would have taken place without me as inevitably as it did with nie. It was one of those things which was sure to j come in the progress of events and in : solving great problems of Government ' upon this continent." He conceded ex pressly that abolition of slavery would 1 prove au ultimate good to the country ; that it was an advantage to the white race, ' for it would lead to the development of the ' South and multiply heri.ianufaeturingand I mechanical industries. From advanta- j gos of climate alone, the future of the! South is more promising than that of any j other section of the country, but the cou- ! dition of thc present generation of the : black race is all the worse by reason of tho abolition of slavery. Mr. Davis doubts very much the wis dom of au attempt to educate thc negro and utterly disbelieves in giving him the ballot. It was his opinion that wbere ever the negro race was found it must bo as an interior and servile race, and in ; the long run would give way to thc supe- ; rior race under any and all circumstan- j ces. Mr. Davis acknowledged, however, i that ho had changed his mind entirely 1 upon one question, namely, that the great j staples of the South-cotton and sugar- | could be produced willi greater aluin- ! dance by paid labor than by the labor ofslnves. This has already been demon strated, and that fact alone goes far to prove the advantage which the abolition of slavery han been to the whites. Referring to the political status of the negro, Mr. Davis said the freedmen had naturally been misled by politicians, thinking the Northern men were their truest friends, but of late years they seemed to have reached the opposite conclusion, and in the long run it would be found that the negro, having but lit tle real self-dependence, would vote in accordance with tho wishes und senti ments of those who employed him. For thia reason tho negro vote would be a les9 important factor in the politics of the future than Northern men supposed. Referring to thu oft reiterated charges of coercion and bull-dozing of negro voters, he ?;aid that lu* had no doubt there were j individual instauces of cruelty and co ercion on the part of lawless men in some I sections, but he believed the prevailing \ sentiment among Southerners was ono of j gaeatest kindness und good-will toward their former slaves. Speaking of nation al affairs, he said he accepted the situa tion as decided by arbitrament of the sword, and that he was very hopeful of the country. He did not believe there was any existing cotise for sectional es trangement or that there could be any hereafter. One of the results of the war already apparent was that the South was lcs3 de pendent upon the North than heretofore; tor while she could supply great staples as before, her people had begun to pro duce a greater variety of crops for their own use than ever before, anil they would eventually competo with other sections in manufactures and mechanical arts. In this connection he remnrked that while thc South was destitute of money,, and thc value of real estate was greatly depressed, in a very short time the price of landen property would advance be cause of its intrinsic value in the produc tion of ?tapio articles of commerce. Du remarked that tho only disturbing ele ments to be discerned now were the elTorts of extremists upon both sides to keep alive animosities and hatreds of the past. If Congress would pursue a mode rate course and attend to its legitimate duties of general legislation for the good of the whole country, the great soeiul and industrial questions which were now a source of so much contention would settle themselves, and the country would ho nt peace. In conclusion he said : "You may as sure your people that I havc^flo unkind ness in my heart to them or any of the people of the North. I nm not the devil they have painted me. I have neither horns nor hoofs, and if they Irnotv me I they would lind I um very much like one of themselves." TILLMAN UNDER THE PALMETTO. i From the Washington correspondence of thc Charleston Netos rind Courier we copy thc following. Tillman under thc palmetto is an omen of good : South Carolina has been congratulated upon having a full Democratic represen tation in the House. Tho three new members nil with grace and dignity their respective chairs. A good joke is told upon the representative from the fifth district in his selection of bis scat. The ceiling of the hall is fiat and divided into panels of stained glass, iu thc centre of each of which is the escutcheon of sonic oneof theSUites. Of course the palmetto is conspicuous in ono of them. This dignified member was accosted by a j friend, who had observed bini audibly : soliloquizing to himself, willi the inqui j ry, "what are you thinking about?" With measured words be replied, "I was just looking at thc palmetto tree (pointing to ; the ceiling) and wishing I might draw a j seat immediately under it." Presently his name wasdrawu.aud twoseatsdireclly j under the coat of arms of South Caroli ; na were vacnnt. Our frhmd could not j decide which waa most perpendicularly ! under the palmetto, and while ho was hesitating which chair to choose the oth j er names were drawn, and he had to : scramble to get either of his cherished 1 seat?. Ho got it, however, and no doubt tho palmetto tree will inspire, rather than shadow, some of his resplen dent effort* before the expiration of the ! Forty-sixth Congress. T11K HOMESTEAD LAW. Au 1 moori int Decision-State of South Carolin? ?11 tin- Supreme Court, Novem ber Term. 1870-1?. r. linnean v?. liar rett-Opinion hy Willard, C. J. Tho Circuit Court discharged a rule against the sheri IT for failure to enforce an execution against personal property, ! Consisting ol .'Olton in bales, seed colton and corn, .bc defendant claiming that they are exempt from levy under tho provisions of the act of March 13, 18/2, (IS Stat. 229, Sec. 9) he being an "agri cultural laborer." It is stated in appel lant's argument that the contract upon which the judgment was obtained boro date prior to tho passage ot the act in 1 question, contending that such exemp tion could not be claimed ns against an anteceden!, contract; but that fact docs not appear in thc brief, and therefore is not available to the appellant. Thc question to the considered is, whether j the Legislature could create new subjects of exemption in addition to those enu merated in the Constitution. The pro- j visions of the Constitution relating to the exemption of personal property from execution are contained in Section 32, Article 2. After providing for a home stead exemption on the land of a debtor, the Constitution goes no to say : "To se cure the full enjoyment of said home stead exemption to thc person entitled thereto or thc head ol any family, the personal property of such person of tho following character, to wit: household furniture, beds, bedding, family library, arms, carts, wagons, farming implements, tools, neat cattle, work animals, swine, goats and sheep not to exceed in value in the aggregate the sum of live hundred dollars, shall be subject to like exemp tion as said homestead, and there shall be exempt in addition thereto all neces sary wearing apparel." The question ia, whether the subs?quent attempt to add the list of articles exempted "one third of annual products of agricultural labor ers," by the act of 1873 was consistent with the provisions of the Constitutional enactment or tended to deny the proper force due to same; and if the latter con clusion is reached, such conflicting pro visions must bc held unconstitutional and void. This involves a question of intention to be made out constructively on thc provi sions of the Constitution. It is contend ed that the enumeration of kinds of prop erty intended for exemption is exclusive, and general rules of interpretation are urged as leading to that conclusion. It will not be necccssary to resort to such general rules, or to place thc decison on any technical rule or reasoning, as the nature of the subject with which the Constitution deals points very distinctly to the solution of thc question at issue. The question of allowing legislative exemption to debtors is in its nature fun damental, as involving an inquiry into the principles of government. Until within a few years it has not been re garded as a legitimate exercise of legisla tive power to place the property ol' thc debtor beyond the reach ol' his creditor except to an inconsiderable extent. Not that the competency of tho Legislature to make such exemptions independent!) of constitutional restrictions, was doubt cd, but because thc spirit of the laws wai supposed to oppose, such exercise of leg islative power. It may well bo consta cred that in solving the question of tin legitimacy of such legislation, the const i tution had in view a limit that should bi imposed on its unrestricted exercise When it is treating of subjects that havi been constantly dealt with by legislativ? bodies, the sanction ol' the courts and th community, such an inference does uo necessarily arise. lu such cases some special grount would have to appear, by inferring, ii thc absence of au express declaration t that ctlect, that the constitution, in pres cribing thc mode in which a power o that class should bu exercised, intcndci to exclude its exercise, in any otho mode. Out in the present case, wher thc constitution was dealing with a prin ciple fundamental to the policy of ou jurisprudence, and which, by it3 abus might unsettle the very cornerstone o which that jurisprudence rests, it is ol vious thal imposing limits to such powe of exemption regard was had to the ger eral question, to what extent governmcr should go in relaxing the laws for the ci forcement of obligations. There can t no doubt that thc object of thc section i question was to limit the Legislature. If tl: constitution had been silent altogether c tho subject, the Legislature would hav doubtless, been competent as affecting fi turo contracts, to create such exom] lions, and to give them any measuro 1 extent that might appear desirable. Again, section 20 of article 1 confc express powers on the Legislature grant home stead exemptions to a reaso able extent, leaving the determination what is to be regarded as reasonable thc Legislature, so far as unfettered I subsequent, clauses of that instrumer If that section bad stood alone it wou leave in doubt as to thc power of tl Legislature being unrestricted. Hut tl constitution was not content with esta Haning this ns a principle, nnd in Seeth 32, article 2, assumes to give a moro n curate definition of the kind of legislatii contemplated in thc 20th section of ur clo 2, enumerating the subjects to whi it should extend and the limitations th should be established as aflecting tilt subjects. Such a definition ns applied a kind of legislation not sanctioned thc time of the adoption of the constitutif bul introduced by that instrument, mt be regarded ns intending limitation the leclnlntivn authority. True, it is : thc case of a power entirely new anti 1 before capable of being exercised, giv upon conditions and subjected to linn lions, in which ea-e such condition* a limitations must be regarded as limitatif, cf thc right of exercise as well as the mc ofexcrcisc; but it ?sacase within thesa principle ns calling into exercise a fui lion of general legislation that bad h dormant, through thc conviction that was not a legitimate exercise of legi; tive power consistently with the prill pies of our jurisprudence. This vi leads us to tho conclusion that thc < emptions allowed by tho constitut cannot bc extended or restricted by 1 act of the Legislature. This view d uot conflict with what was said in Hoi stead Building and Loan Association Knalow, (S. C.,) where, speaking of degree of authority possessed by thc ov er of lands in w hich a homestead mi be claimed to incomber bis land, il said, "whether the Legislature bad the right to extend the of relief a flor to the heads ot families by thc sect above cited, tinder a more general gr of legislativo authority set forth in 1 timi 20, urticlc 1, of Hie constitu? need hot bo considered, for no such crcise of authority bey ?md tba limit? section 42, article 2. has been attempt! This is a question suggested, with no awer to it given; but 1? was not diret to thc question whether tho Legisla! could alford relief beyond tho limits posed by thc constitution, hula more relief within those limits. Wc munt? clinic il..a the prov ??iona nf thc nd 1873, so far as they attempt lo extend exemption to .1 class of personal pro ty not embraced in section 32, article 2, nre unconstitutional and void. Tho dis charge of the rule must he set aside and the cause remanded for proceedings conformable herewith. Mciver, A. J., and Haskell, A. J., con cur. PROBABILITIES IN WASH IN ?TON. Th? Swollen Proportions of a (Toiiitiilt tt-o- - AU-i'k Stephens' Budget-tireenlmcks uni Kroo Colimbo-Surveying tho I'oo-Dro - Immediate ActU.ii Necessary, Since the war there has been added to thc committees of the House a committee on appropriation;!, to whom everything had to be referred that contained nil ap propriation before one dollar could un taken from the treasury. During the Forty-tilth Congress the House became convinced that this impeded legislation, and by commun consent it was determin ed that in thc Forty-sixth Congress the wings of this committee should ho clipped, for they had become so elated at their importance that they simply as sumed control of tile entire legislation of the country, and indeed nonio ol' the members of that committee-not exclud ing the chairman, Mr. Atkins, and Mr. Blount-would take it as a personal at tack if any one ventured to oppose a bill that they had incubated after a mouth's ruminating. So as soon as the House was organized there came from three dif ferent sources sets of resolutions propos ing to divide out the duties ; tor instance, allowing the military committee, the naval committee, &c, to receive the esti mates and make thc appropriations for their respective departments, reserving for thc appropriation committee the leg islative and executive bill, which simply [irovides for salaries, and the civil sundry lill, which is a sort of omnibus concern providing for thc appropriations which cannot be assigned or classified under specific heads, or that may have been overlooked or tor some cause omitted from other bills. This will undoubtedly be adopted as thc [?roper method of re ferring these respective, appropriations, and doubtless will have a tendency to expedite Congressional legislation. So mote it be. It would be idle for mc to attempt to forecast the possible length of tho pres ent session. Mr. Stephens thinks we should begin upon a system of general legislation, that he must know is utterly impracticable, or, if practicable, would require six month's legislation to oiled. Ho says we should tear down and re build our system of internal revenue, abolish the tax on tobacco, let the moun tain fanner "boil his corn into whiskey, as he hc.i?s it into huiiiiny," without ask ing or paying the Government anything for tho privilege, issue .*o'JO,000,(io? more of greenbacks, give free coinage to silver, and issue coin certificate- for bullion sent to tho mint, &c, <tc, blocking out legis lation enough to keep Congress continu ously in session for a year, at the end of which time the Democratic party would bo shattered into pieces if his leadership were followed. Mr. Stephens is a man of National reputation and the pride ol Georgia, but I have closely watched his course for two years, and I am forced to the conclusion that Iiis day of retirement is ut hand. Georgia could easily bc moro effectively, if not more efficiently, represented by several men whom 1 know. "Little Aleck" bulldozes his dis trict so that there is not a mau in il would venture to oppose him, however. Mr. Reagan, of Texas, wants this ses sion to reviso the tariff, and do many other impracticable things. If Mr. Ran dall gives us the committee of ways and means that he gave thc Forty-?fill Con gress, n revision of the turill'is a opcless anticipation. That question when once fairly before the American people, if it ever will be again before them, will sing the requiem of the old political parties, and demand a ucw deal. The factories and machine shops of thc East and Northeast are gradually and perceptibly moving West and South, and wherever they arc established protection supplants free trade. lu another decade all the investments made in thc South by North ern men will be used to defend and es tablish a protective tariff. Naturally a manufacturer is a protectionist; natu rally a farmer is a freo trader. For theso reasons I have never longed BO much for tho importation of capital as I have for the immigration of souls into the South. Every Southern State, and especially South Carolina, should to day have agents in England, Ireland, Scot land and Germany, urging tho almost countless numbers of dissatisfied men and women to come to the "Sunny South," not simply as laborers, but as farmers. There is ample room in each and every county in South Carolina for an additional population of at lcust?.OOO families; add that many frugal, indus trious, energetic ?-.copie to our present population, and we might snap our fin gers at "capitalists." When capital comes it curiches itself. When people come as farmers and nut ns employees or hirelings, they enrich tho State. Hut I am digressing and beg pardon. The Forty-fifth Congress passed a river and harbor bill, appropriating $100,000 for surveys alone. Among thu livers mentioned in tho bill lo be surveyed wero tho Santco, Congaree, Waleree and Broad oft?oulh Carolina. Whether tho Stale will get any benvfit from this ap propriation depends upon circumstances. Tho money will bo spent through the engineer department, the chief of which is t?en. Humphries. Tho fear in he may spend it all before he reaches South Car olina, and lo prevent this as strong peti tions as possible from the people of" the State should he sent to your representa tives lo present lo Gen. H. to urge him to survey those streams. If Broad River could bc made naviga ble to Ducket's Shoals and Wateree up to Rocky Mount, there would bc opened up to capitalist.! the finest water power in the South, where thu State years ago Ihought it wisc to cut canals and con struct masonry that cost hundreds of thousands of dollars, much of which is perfect to-day, and ail of which is almost wholly unknown to tho present genera tion as n State investment. Near Beck* hamvillc, in Chester County, tho Wate ree has a fall of about one hundred feet in three miles, and were the old Stale Canal cleaned out there would nt the three locks bo furnished water power enough to run all the spindles in Lowell. So send on your appeals lo have the rivera surveyed, mid some of tho natural limitless resources of the State, at least published to tho world il not at once de veloped.-PlCKBT, tn News and Courier. - London correspondent of the Boston Daily Advertiser states that upwards of seventy steamers are now upon thc stocks in English and Scotch shipyards, which are in precess of heinz fitted up express ly for thc European cattle Irado. BEST HOUSEKEEPERS.--If the "best housekeepers in our land are to bc be lieved, there are no flavoring extracts worth half so much as Dr. Price's Spe cial Flavorings. Let Dr. Brice's Vanilla, Lemon, Orange, Rose, Almond, or Nec tarine flavors once bc Uscu, and they will always be desired. TWO SIDES TO A QUESTION. A Democratic Defence of tho Proponed ComproittUe-The rodillona of tho Two l'urth'H <oi tho <>u< > I'mis nt Insu?. Oorrrsjmiutence Newt (md Courier, WASHINGTON', March 2'J, 1879. For two days tho House of Itapresen, tnt!ves have been discussing the anny bill, and though the entire bill has been read through, and innumerable amend ments were offered during the reading, ; none of them of material importance were adopted, and now the heated dis cussion turns upon the fi th Section, which nt the first reading was passed over in lormally, so that by unanimous consent the general debate might be made upon it, as il is the gist of the whole thing re lating to the stationing of the troops or portions of the army at the pulls during election days. Almost every Republican that speak? ' follows in the wake of Mr. Frve, of Maine, who said that by thc Constitution ' tho President of the United States is commander-in-chief of tho army, and ; therefore bas the power to transport the .? troops by his own order front barracks to ' barracks, from State to State, and enjo \ inferentially can scatter them in and I around about and throughout thc States on days of election. Hut when asked by Mr. Carlisle, of Kentucky, if he believed I because the President had the power to j move- the troops, that tltfreforc he had I thc right to locate them on days of elec tion in tho vicinity of the polls, Mr. Prye had to admit that it was not a ! sylogi-tic conclusion. How much longer this debate will con I ti nue no onu can tell. That it will change a .?ingle vote ultimately no one believes. The members present who were in the Forty-fifth Congress heard all these arguments a month ago. The tiew members enjoy the discussion, and some of them ure coining to tho front daily with arguments to send home to their beloved constituency. It may ap pear irregular to you that some one docs not cut ntl' debate in some way. Per haps so, but let him try it. The whole Republican side will vote against his effort, because their aim is if possible lo worry anil wear out the Democrats, and in so close a majority as we now have, only a few ambitious Democrats, who wish to ventilate themselves, voling with the Republicans, will prevent a vote. So until the pent up gas is all exploded, we will not see the end of it. When the Legislative bill will be in troduced no one knows. In fact, the future of Congressional Legislation is :i more uncertain thing than tho weathci of next week. If Mr. Atkins present' the Kline bill he did in the winter, ?t will be simply a good sized volumno of ex nelly one hundred pages. When it went to the Senate last winter it was litt lc altered from the text presented by tin committee on appropriations. When i caine back from the Senate ithadsimph ?i?.'l amendments inserted in it. That however, was a Republican Senate. Iti fate will probably be different in a Dem ocratic Senate. Doubtless tho llousi will alter and amend the bill in man; respects, but thc chief features ove which the great battle is to bo fought are, of course, the jurors* test oath am the obnoxious clauses of tho clectioi law. Thc test oath was formally repealed i: a former Congress, tho Forty-third, think, and after thc adjournment th laws were codified by a commission, selected for tho purpose by Congress, Mi Houtwell, of Massachusetts, ana the uei C ngress by formal enactment ndopte them as the Revised Statutes ; but it Wi not until after this that it was discoverc that by inadvertence or malice Mr. Rou well bad left in thc volume this inferni relic of the war. Frequently during the Forty-fifth Cor gross tho leading Republicans ndmittc that they thought and believed that th oath, the iron clad oath, bad been n pealed, but none of them ever propose to vote for an independent proposition I strike it from the. Statute book. It frequently asked why does not a Demi eratic Congress repeal that law? Wei I have asked that very question frequen ly myself, and have never had it satisfn torily answered ; nor can I see why has nol heretofore been done, but I a| prec?ate the difficulty of au effort attach it nt this present time as an ind pendent measure. If a bill were introduced to-day to r peal it, a reference to a committee wou at once be made, and that committi would be required to report it back thu House during thc morning hon daily after it was reported tho Itepubl can minority, by all sorts of dilatory m tions, could consume the morning ho for months, ami thereby preveut tl passage of the bill. Resides ibis, thc test oath being measure that the people believe shou be repealed, a majority of the two Dem eratic Houses are of thc opinion that being attached to the legislative bill wi another measure, the repeal of which determined upon by thc Democrats a opposed by the Republicans, give wcig to the position of tue Democrats in tin attack upon the other obnoxious measu To this latter argument I confess I not attach much importance, bul as by formal vote in the caucus this was < cided upon, no one has ventured to ri introducing a separate bill to repeal t test oath. To urge as a reason for the early rep of this oath thc fact that Judge Rond soon to hold his Court in Charleston the trial of "intimidator*" before nej juries, would be like recommendinj mau for appointment under Haye?' ministration because bc made a gt Confederate soldier. (And hero let say, by way of parenthesis, that I lu seen petitions here sent from South C olina urging the appointment of par to office, and the chief argument u was that the applicant was a gallant i dier in the late war, and lost a leg or arm nt such a battle while fighting un (leneral so and no, naming some C federate General.) Judge Bond, whatever his faults, serves no censure in this case. Dist Attorney Northrop has received iusti lions from Attorney-General Devena, ; no doubt he had orders from Hays, cannot advise in thc premises, but ti that the counsel of these modern All phels may como to naught. The election law amendment that i bc attached to the legislative bill, as are aware, has been in a degree modil and for this modifie ilion the Democ have had some seven'editorial reflect thrown upon them, aid you among number havo been severe in your c clam upon this action of thc Democr The whole subject was referred to eic member* nnd seven Senators, who cus-ed tho matter perhaps eight h before they reached a conclusion, then submitted their report tn si j caucus where general ventilation given thc subject, and an ovcrwheln majority approved thc report. Tho plo are severe masters if they aro um lng to approve the conduct of their ! vants after so much thought and rellec had been given to this subject. Every Democrat contends that i j unconstitutional tonllow murabais, d I tics, etc., lo bo present ott election , as Federal representatives with power to arrest and virtually to control the elec tion in the interest of the party that ap pointed them. Jim when the Conititu i tion says in so many words thatCougress may regulate the time, place and manner of holding Federal elections, Ac, does it not admit of some doubt whether the ap pointment of Federal witnesses to attend the polls on days of election is unconsti tutional, said witnesses representing the two contending parties? And these two supervisors who fire* admitted as witnesses on the days of Fed.nal elections are noth ing but witnesses with no other power except to sit and look un, nnd must by law be representatives of the two prevail ing parties. If this is not satisfactory to you, sup pose the Democratic members from a closely contested State, whero the vote ia so nearly equal that it is doubtful in a majority of the districts, even to thc day of election, whether Democrats or Re publicans will be elected, were to insist that tho very presence of a Democratic supervisor was of great value to the Dem ocratic party on election dayB. to prevent ballot-box studing and tho like by Re publicans, would you not consent that the Administration should appoint these two witnesses ? This is exactly our sit uation, and this was a reason urged by some of our Democratic friends from one or more closely contested States. Not a Southern Democrat favored it, but thoy all acquiesced. As to myself I would have many misgivings about thc Democ racy of the man who would receive such nu appointment from a Republican ad ministration. Can you form any idea when Congress will adjourn from the data furnishca you by your correspondents? If you can, please advise your readers, for it is much more than I can do. TICKET. Clly Debts Must bo Paid. WASHINGTON, March 31, 1879. Au opinion of importance to all hold ers of dishonored municipal bonds, and one .vhich is decisive of a certain class of cases, was rendered in the Supreme Court to day in tho caso of Murri? Ranger against the City of New Orleans. The litigation arose out of an application for a writ of mandamus to compel the au thorities of that city to levy a tnx to pay certain judgments rendered again-.* it upon bonds issued'to tho New Orleans. Jackson and Great Northern Railroad Company. The city Bet up as a defence that there was no 'legislative authority for thc levy of such ii tax. The peti tioner demurred to this answer, but the Circuit Court overruled the demurrer and denied tho writ, whereupon the peti tioner took this appeal. The court below proceeded on the principle that tho power of taxation bo longs exclusively to tho legislative branch of the Government, and that tho judiciary cannot direct a tax to be levied when none is authorized by the Legisla ture. This Court holds, in a careful opinion delivered by Justice Field, that although the power of taxation is a legis lative prerogative, it may bo delegated to a municipal corporation, or that when such a corporation is created, the power of taxation ia vested in it ns an essential attribute for all tho purposes of its ex istence, unless its exercise is in express terms prohibited. When, therefore, au thority to borrow money, or incur an obligation to carry out any public object is conferred upon a municipal corpora tion, tho power to levy a tax for its pay ment or tue discharge of tho obligation accompanies it, and this too without any sp?cial mention that such power is grant ed. It is always to bo assn med, m the absence of clear restrictivo provisions, that when the Legislature grant? to a city the power to create a debt, i" intends thut tho city shall pay it, am' that its payment shall not bo left to its caprice or pleasure. Whenever a power to con tract a debt ia conferred, it must be held that a corresponding power of providing for its payment is ulso conferred. The latter is implied in tho grant of tho former, and such implication cannot be overcome except by express words of limitation. lu tho present case the indebtedness of the City of New Orleans is conclusively established by tho judgments recover.'.-!. Owing tho debt tho city had the power to levy a* tax for its payment, and it was clearly its duty to do so. Tho payment was not a matter resting on its pleasure, but a duty to the creditor, and having neglected that duty a mandamus should hnvo been issued to eu force its observ ance. Tho judgment of tho lower Court must therefore bo reversed, mid the cause remanded, with directions to issue tho writ in cr ?plianco with the petition. A BEAUTIFUL STORY.-Coleridgo re lates a story to this effect : Alexandria, during his march into Africa, carno to a people dwelling in peaceful huts, who knew neither war nor conquest. Gold benig offered him, ho refused it saying that Iiis sole object was to learn the man ners and customs of tho inhabitants. "Stay with us," said thc Chief, "as long as it pleaseth thee." During this inter view with tho African Chief, two of his subjects brought a coso before judgment. The disputo "was thia : Tho one had bought a piece of ground, which, after the purcha.se, was found to contain a treasure, for which ho felt himself bound to pay. The other refused to receive anything, Btating that he had sold tho ground with what it might bc found to contain, apparent or concealed. Said tho Chief, looking at the one, "You have a son ;" and to the other, "You have a daughter ; let them be married, and tho treasure given them as n dowry/' Alexander was astonished. "And what," said tho Chief, "would have been the decision in your country?" "Wo should have dismissed tho parties and Heized the treasure for tho Kiug's use." And docs thc sun shine in your country ?" said the Chief; "does tho rain fall there? Are there any cattle there which feed upon herbs and green grass?" "Certainly," said Alexander. "Ah," said tho Chief, "it is for the sake of those innocent cat tle that the Great Being permits thc pun to shine, the rain to foll and tho grass to grow in your country."-Boston Adver tisrr. - Two Cardinals found fault with an eminent painter for having in ono of his ?delores given too florid a complexion to it. Peter and St. Paul. "Gentlemen," replied tho artist, ill-plensed with the criticism, "do not be surprised. I paint them just as they look in heaven. They arc blushing to see thc Church so badly governed." - Tho Boston Wot thinks that "to re fuse Jeff Davis a placo on tho Mexican war pension list because he was a rebel a quarter of a century after bc had fought as H patriot is like punishing a son for a misdeed by his grandfather." PERSONS OP TASTE.--The most refined nations havo an appreciation of sweet odors, and find pleasure in the use of ar ticles agreeable to tho sense of smell. Dr. Prico's Uniquo Perfumes are pronounced by tho best judges to bo superior in rloh, fresh, flowery fragrance to auy coming from abroad, LEO AL ADVERTISING.-Yt* are compelled to require cull oaymeuta for B?TertlslDg oiuVrcd by Executor?, Administrators o..d other fiduciaries .nd herewith append tbe ratea for the ordinary notices, vhtch. ?Ul only he Inserted ?han the money come* ?Uh the. order: Citations, two Insertions, . fS.CO Eatate Notice?, th reo Insertions, - - 2.08 Eins! Settlements, ATO inaertioae - - ...00 TO CORRESPONDENTS.-U order to receWe attention, communications mint ho accompanied by the troo name and address of the ?riter. Be? jected manuscripts ?111 not he returned, unies* the necessary alampa are furnished to repay tho p- .tage thereon. SXS~ V'e ?io not responsible for the views and opinions of our correspondents. communications should bc addressed to "Ed itors Intelligencer," and all checke. draUs. money orders, dc, should bc made payable to tho order of E. B. 21 Ul'. HA Y & CO., _ _ Anderson, H. C. Handy to Have lu thef House. There are some men who atc consid ered desirable as husbands, and others who aro quoted an hardly worth tho house room they occupy or the proven der they consume Of the latter kind was the littlo man concerning whom his wife dreamed that she went to a country fair where husbands were exposed for sale. On his begging ber to tell what she found tho price to be ot such as himself, sho replied, ofter some hesitation, that abo saw a similar article of husbands put up in bunches of a dozen, and offered at a shilling a bunch. Sueh a husband is in deed a profitless possession. A shrewd woman in New York found herself tho wife of this kind of a piece of goods. Ho was idlo and shiftless, and of so lit tle financial experience, that even in those rnro instances in which ho suc ceeded in earning any money, he was nimbi? to keep it long enough to bring it home. Instead of supporting his wife, ho was a burden on her, and an expenso to her. To avoid tho otherwise inevita ble journey to the poor house, she was compelled to work, and to support tho whole impecunious family. But there is a lining of silver to even tho most leaden cloud, and this strug ling woman happily discovered that her man had ono talent which sho might turn to profitable account. Ho could carve at dinner parties, and this was tho only thing he could do. In doing thia ho was a crowning success. He had no more skill at making contracts than at bringing money home. So tho thrifty housewife concluded not to turn him adrift to star ve, as sho feared would bc necessary, but to keep bim at homo, and rent him out as opportunity offered. From time to time abo sought out all the people she could find who being about lo give entertainments, might need the ser vices of a skilled manipulator of the carving-knife. Explaining to these peo ple the peculiar condition of her domes tic affairs/she would biro her husband out for n fixed sum, stipulating that tho money should bo paid to herself, atid not to him. An interesting and a novel style of law suit now arises from a mis ta?_ in tho payment. Tho husband had camed seven dollars for carving at tho dinner party of a nabob. Tho nabob thoughtlessly paid him tho money, and ho aa thoughtlessly spent it before ho reached home. Thereupon tho wife un dertook to collect from thc nabob tho stipulated sum basing her claim ou thc fact that ns tho poor man was a sort of a nobody, payment to him was no payment at all. Tho nabob- re sisted the endeavor io collect a second seven dollar fee from him, alleging that ho lind paid the perron who did the work, and that if that improvident indi vidual had nothing to HIIOW for it, the misfortune should justly fall on tho poor fellow himself. Tho wife successfully resisted this argument by showing that sho was tho contracting party, and that she had hired her husband out just as a livery keeper would hire out a horso, in which latter case? it would bo manifestly improper and insufficient to claim that payment consisted in handing the money to tho animal. The woman retires tri umphantly from court, happy in tho Scaccful possession of a bit of property rom which, when rented out she can draw substantial income. It is not lawful in this country to ex pose husband for sale, but the fact is now established that one may bo kept for hire. Tho lesson is one which v.ll carry comfort to many an embarrassed girl who, having bluudered into mar riage, finds that sho has on her hands a lazy and lounging person, who is of no particular use. If she can discover even ono talent, and turn that to account, sho may set tho otherwise unprofitable fel low to work by renting him out tc do the only thing he understands. Thus is hopo in store for many a sorrowful wo man, thus may affluence await tho thrift of tho wife who is shrewd enough to untilizo a shiftless and burdensomo husband.-Philadelphia Times. ENG MBU LAND, AND TUE MEN WHO OWN IT.-About two years ago tho British Government had returns pub lished in what aro known as "The New Doomsday BookB," showing how the country waa divided. These returns were made for a Conservative Govern ment, and aro very misleading; but, even taking the figures as correct, they show that four-fifths of great Britain is owned by 12,700 persona ; but tho figures aro very far from being correct. Many of the largo land owners aro couutcd over and over again. Tho Duke of Buccleuch for iustanco, ia returned as 14 land own ers, becauso ho owns land in 14 dif ferent counties. Tho Dukes of Clove land and Devonshire, Earl Howe and Lord Overstono aro returned tu? 44 land owners, as these four noblemen have es tates in ll different coumipa. Mr. Ar thur Arnold, writing in tho Nineteenth Century Bomo time ago, upon "Tho Abuses of a Landed Gentry, computed that the ownership of four-fifths of Great Britan is in tho hands of about 7,000 individuals.and even this assertion needs qual fy i ng, for it is estimated that 75 per cent, of the land in ibis country is entailed, so that tho present own ers really have uothing more than a lifo interest in the property. A "dead hand" stretches over their estates, and decrees that they shall pass on, intact, to tho "heirs male forever." Even where pro perty is not entailed, the law steps in and seems determined to prevent tho subdivision of an estate. Tue old feudal customs of this country aro established, _r?_?..j _1 _,_-1 I .i . -' and operation of law, which declares in every county (except Kent) in thia island, that it a landowner dio intestato tho eldest son shall inherit the whole property, and that his brothers and sisters shall bo dependent upon his boun ty. Sooner or later, this law will bo changed ; sooner or later, this law of entail will be broken, and wo shall haye free trade in land ; some day thero will be moro than 25 per cent, of transferable land in England ; bul things move slowly here, and many men aro beginning to ask themselves whether ft monarchical form of Government ia best suited to tho requirements of tho age, or whether the present advantages peculiar to tho Gov ernment of Great Britain can not bo cn g/afted upon a Republic.-Correspon dence Philadelphia Telcgragh. THE REASON.-The reason for tho un precedented demand for Dr. frico'* Cream Baking Powder, is tho result of its being of superior strength, uniform quality, contains no unwholesome^ sub stance. Having thoroughly tested it, wo have no hesitaucy in recommending il. - It seems tho Rhode Island Demo crate nominated for Lieutenant Governor a man who moved out of tho State two years ago. Tho Stato is so largo thoy had never missed him. - "My friends," said a minister aa a preface of his sermon, "let us say a few words before wo begin." Cold piercing winds and driving rains seldom fail to bring on n Cough, Cold or Hoarseness at this season, and Dr. Bull's Cough Syrup should bo kept In every houso. For salo by ali Druggists,