The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, May 22, 1879, Image 2
E. R. MURRAY, Editor.
THURSDAY M0RNIN6, MAY 22, 1879.
STATE PRESS ASSOCIATION".
The fourth annual meeting of the
South Carolina State Press Association
will conveue in Spartanburg on the 11th
day of June next at 10 o'clock a. m.
We hope every journalist in South Caro?
lina who can possibly do so will en?
deavor to be present at this meeting, to
sustain the organization and reap the
social and business advantages which it
affords to its members. The date fixed
- will, in all probability, prevent the
Intelligencer from being represented
at the coming meeting, as our Court be?
gins here on the 9th day of June. The
Association, however, has our most
hearty co-operation and well wishes, and
we hope the approaching meeting will
be one of the most agreeable the organi?
zation has ever enjoyed.
LEGAL BIGHTS OF INDIANS.
At last a Judge has been found who
has enough of humanity in his composi?
tion to think that an Indian has some
rights which army officers are bound to
respect, and for the declaration of such
a novel opinion in the jurisprudence of
the United States he has been charged
with a desire to furnish sensation law to
the nation, and the most amusing yells
of disapprobation are going up from the
men who made the very laws which
Judge Dundy of the United States Court
in Nebraska has construed to confer
some legal rights even upon Indians.
Some time ago "Standing Bear," and a
few of the Poaca Indians, fled from their
territory on account of a terrible conta?
gion, and weie sojourning in the territo?
ries, where they were ceized under the
orders of Gen. Cook, and valiantly (?)
carried back towards the Indian territo?
ry, as a fitting display of the justice and
heroism which has for many years mark?
ed our Indian policy?we mean, of course,
the policy pursued where the government
catches a few unoffending Indians off to
themselves. In the Territory of Ne?
braska writs of habeas corpus were sued
out, and Judge Dandy ordered the dis?
charge of the Indians, ou the ground
that Indians are "persons" within the
meaning of the Fourteenth Amendment
to the Constitution, which says: "All
persons born or naturalized in the United
States, and subject to the jurisdiction
thereof, are citizens of the United States,"
and as such "possess the inherent right
of expatriation as well as the more for?
tunate white race, and have the inalien?
able right to life and liberty and the
pursuit of happiness, so long as they
obey laws and do not trespass on forbidden
ground." The decision is an unexpected
one, and involves a very interesting legal
question, which will, we presume, find
its way into the Supreme Court before
long. The prejudice and oppression so
long heaped upon the Indian renders it
difficult for him to procure a judgment
upon purely legal considerations, but the
Supreme Court may, like Judge Dundy,
surprise the country, by informing it
that the amendments which secured the
rights of citizenship to the negro, also
carried them to the long-hunted Bed
Man in all of his wildness. At least,
military commanders may be taught that
there is a more exalted sphere in which
to seek glory than in useless persecutions
of unoffending Indians.
ANTI-3LISCEGENATI0N LAWS.
A great many of the States of the Un?
ion have laws against the intermarriage
of the races. Such laws are not confined
to any section, but may be found upon
the statute books of frigid and rigid
Bhode Island as well as those of Virgin?
ia ; upon those of Indiana in the West as
well as Georgia in the South. They are
founded in a sound and wise policy,
which only seeks to enforce what is ne?
cessary for the protection of society co
lectively and as individuals. Despite
these laws and condemnation of society,
however, there have been numerous vi>
lations of the laws, aod consequently
several indictments have resulted. Vir?
ginia and Indiana are taking the lead in
the matter, and under the proceedings in
them the constitutionality of the law has
arisen, and the aid of the United States
Courts has been invoked to give a con?
struction to the laws. A test case has
been made of Edmund Kenney, colored,
who married Mary Hall, white, contrary
to the laws of Virginia, of which State
they were citizens. The parties had
been co-habiting together, and when
threatened with prosecution therefor,
contrary to the provisions of the Virgin?
ia statute, they left the State and went
to Washington City, where there is no
law against miscegenation, and were
married, after which they returned to
Virginia. They were indicted, tried,
convicted and sentenced to five years
each in the penitentiary, where they are
now confined. Edmund Kenney procured
a writ of habeas corpui from Judge
Hughes, of the Circuit Court of the United
States for Virginia, and the case was ful?
ly and ably argued before him on both
sides. Judge Hughes reserved his decis?
ion, and after several days of research
and thought, decided adversely to the
petition, holding that the law is constitu?
tional, and that each State has the right
to regulate the marriage relation within
its own limits. The opinion is an able
and clear one, which will no doubt be
sustained by the Supreme Court of the
United States whenever the question is
carried there. In the case of the woman,
Mary Hall, proceedings are pending in
the United States District Court, from
which the case will go by appeal to the
Supreme Court of .he United States for a
final determination of the whole question.
Judge Hughes bases his opinion on the
ground that citizenship doe) not carry
with it the right to marry whoever the
citizen pleases. For instance, a man
and his sister are are both citizens, and
yet every State in the Union has laws
forbidding them to intermarry ; and so of
other relations, from which it necessarily
follows that if the State has the right to
prevent by law the intermarriage of one
class of citizens, it has also the right to
prevent the intermarriage of any other
class also. In other words, the extent to
which the right may be used rests in the
discretion of the State, and is not qualified
by any provision of the national con?
stitution. He holds that it is no dis?
crimination on account of race, color, or
previous condition, for it prevents white
persons from marrying colored persons
as much as it prevents colored persons
from marrying white persons. It is,
therefore, equal in its operations on both
races, and makes no distinction against
one or in favor of the other. He holds
that although marriage is a contract that
it is not an ordinary contract, for it can?
not be rescinded by mutual consent of
the contracting parties as other contracts
may, and no person can make more than
one contract of the kind at the same
time, even though all of the contracting
parties might agree to it. And though
Section 1977 of the Revised Statutes se?
cures to all persons within the United
States the right to make contracts and
enforce them in all of the States, Judge
Hughes holds that even if marriage were
an ordinary contract, the privilege of en?
forcing it extends only to lawful mar?
riages, and that if a citizen of Virginia
went to the District of Columbia or the
Territory of Utah and was there mar?
ried in accordance with the local law, he
could not return with his consort or con?
sorts to Virginia and expecti*to subordi?
nate her lawa of marriage to the laws of
the other jurisdiction. From these con?
siderations Judge Hughes holds that the
regulation of the marriage relation is
peculiarly the province of the States,
with which the United States Courts
have no right to interfere.
The reasons given for this decision are
equally forcible in support of the posi?
tion assumed by the advocates of the bill
now pending before the South Carolina
Legislature, "to prevent the intermarry?
ing of the races," which was postponed
to the next session. Our Constitution
provides, Art. I, Sec. 39, * * "Dis?
tinction on account of race or color, in
any case whatever, shall be prohibited,
and all classes of citizens shall enjoy
equally all common, public, legal and
political privileges." This section has
been seized upon by thoso who are op?
posed to the law, and is held by some
who would otherwise favor it, to make it
unconstitutional to pass any law prevent?
ing the races from intermarrying. The
foregoing views of Judge Hughes vindi?
cates the position assumed by the advo?
cates of the bill that it does not make
any distinction between the races. It
affects them equally, and therefore does
not violate this clause of the Constitu
tion. Then if it be unconstitutional, it
must deny to some class of citizens the
equal enjoyment of some common, pub?
lic, legal or political privilege. Mar?
riage will not be contended to be a com?
mon privilege anywhere in America out?
side of the Oneidn community in New
York, where all property and all wives
are held in common. Under our laws
marriage is an exclusive and not a com?
mon privilege. It is also an individual
and not a public privilege, aud is not a
political privilege. If, therefore, it
comes under this section at all it must be
as a legal privilege. Now is it a legal
privilege ? We think not, for to be such
it must be a privilege conferred by the
laws of the country. Marriage is a social
custom which was given to man by the
Creator, and is not conferred upon him
by any law in this country. So far as
laws have been enacted on the subject,
they have simply been regulatory.
There is no law which secures to any
man or woman the right to marry. On
the contrary, the only laws which have
been passed on the subject tend to re?
strict the marriage relation. Then, as
marriage is not a privilege created by
law, it cannot come under the head of a
legal privilege, and as the right to regu?
late the custom is nowhere denied in the
Constitution, the Legislature is the judge
of what regulation is right and proper,
and the act proposed is not repugnant to
any provision of our State Constitution.
If, however, it is admitted for the sake of
argument that it is a legal privilege, still
the act proposed would not violate the
section quoted, for it does not propose to
take away from one class privileges which
would be allowed another class. It pro?
poses to take away from both classes the
same privilege, which would still leave
them equal in privileges?that is, neither
would have any privilege at all to marry
the other. It rests upon precisely the
same grounds as does the question of its
being a distinction on account of race or
color, and the decision that it is no dis?
tinction to take a privilege away from
both, implies too strongly to be debated
that it is no inequality to take a privilege
away from two classes of citizens en?
tirely.
The act proposed in this State is there?
fore constitutional, and should by all
means be adopted, as it will put an end
to a practice which, though not common,
is entirely too frequent, and which tends
to the demoralization of both races with?
out benefiting either of them.
The Attorney General is about to in?
stitute proceedings for the forfeiture of
the charter of the Charlotte, Columbia
and Augusta Railroad Company, on the
ground of a failure of the Company to
comply with its charter, which requires a
connection for freights with the South
Carolina Railroad, which the C. C. & A.
R. R. has refused to * make even to the
extent of declining to carry any freights
consigned over that Road. The reason
given for the Company is that it owns no
freight cars, and has borrowed from the
Wilmington, Columbia and Augusta
Railroad, which imposed the condition
that no freights for or from the S. C. R.
R. should be carried over the C. C. & A.
R. R. There are other interesting minor
points in the case, which, when fully in?
stituted, will attract very great public
interest.
The Atlanta Constitution in reporting
the proceedings of the Southern Baptist
Convention gives an outline of Dr. Tay?
lor's address on the Rome mission, and
says:
"A little over one year ago the pur?
chase of a chapel in Rome was completed.
The deed covered one hundred pages of
foolscap. It was previously used as a
billiard saloon."
It is a little uncertain whether our con?
temporary means that the deed or the
hundred pages of foolscap was previously
used as a billiard saloon, but in cither
event it must have been a very remarka?
ble and interesting arrangement for bil?
liard players.
ABUSE OF THE XEGRO.
The North is morbidly sensitive on
the subject of the South's treatment of
the negro, and innny of the papers
throughout the Northern and Western
States teem with reports of all the unfor?
tunate occurrences in which the negro is
a party, embellishing by addition or
otherwise such portions of the tales as do
not come up to the necessary standard of
horror. We expect thin course from the
Republican press, but '.t in a matter of no
little astonishment to find a paper so well
informed and usually so sensible as the
New York Herald taking an active part
in the repetition and magnification of
these occurrences. In a recent issue it
says :
Nobody will lind it difficult to under?
stand the negro exodus who will take the
pains to watch from day to day for a
month only the chronicles of outrages
inflicted upon negroes or persons who
sympthize with them which find their
way into the newsyapers in various parts
of the country. Since the rcdhot repub?
lican leaders abandoned "ihe bloody
shirt" as an unsatisfactory standard no?
body has been at special pains to gather
up and report at large these painful sto?
ries, and such of them as see the light
come out rather by accident than other?
wise and somewhat against the grain, save
in the rare cases in which they are told
with exultation as if it were heroic for
a mob to discipline some frightened
wretch with bludgeons and firearms. Be?
cause they are not culled for the pur?
pose reports of this nature present a safer
picture of the life the colored men lead
in the South than could be otherwise
drawn. Perhaps we hear of one of these
stories for a hundred that happen, and if
one in mere recital produces a painful
impression at a distance how much the
hundred act upon the minds of the poor
creatures who are the victims! The story
of an incident in Arkansas, told in the
Herald yesterday, is a characteristic one,
and proves that there are no authorities
in that State with energy or courage
enough to face the ruffianly opinion that
believes it proper to deal with the negro
as if he were a wild beast. As that
opinion exists in the South?as there are
no authorities that can prevent its sub?
stitution for the law?the negro nc's on?
ly upon ordinary human impulses in his
effort to get away.
Such articles as this from the Herald
are doing the South very great injury
both materially and politically. There
are unfortunate instances of violence to?
wards negroes by white men in the South,
but they are not sustained by law nor are
they supported by public opinion. It is
also true that there are more cases of vio?
lence between whites than of whites to?
wards negroes, and also more instances
of violence towards whites by negroes
than of violence to negroes by white per?
sons. In many instances where white
persons are violent towards negroes it is
in self-defense, but there are also some
outrageous cases which are disgraceful to
our country and are universally regret?
ted by our people, and when the guilty
parties arc caught merited punishment
is inflicted. These cases, however much
to be regretted, are no worse than hun?
dreds which occur through the North
and West, not with negroes, because tbey
are not there, but with the very class of
population which most nearly approaches
to our colored population. If the North
and West would look n little nearer at
home it might be of service to them.
We of the South realize the misfortune
of more lawlessness than we ought to
have, and are using vigilant efforts to
suppress it. If the North succeeds as
well as the South has done, and will con?
tinue to do, it will have cause for grati?
tude. The color question ought to have
nothing to do with crime. The true test
of the relative lawlessness of the sections
is the whole amount of crime in each.
Morally and before the law it is as great a
crime to kill a negro as to kill a white
man, but it is not a greater crime, and
therefore until the North can stop the
killing of men in her States, the press
would do well to moralize a little on mat?
ters at home as well as to spend the time
in prating about a distant subject of
which they know little or nothing. In
the meantime we of the South ought to
strive to remove entirely this cause of
censure by rigidly enforcing the law irre?
spective of race or color. Men of all
races should be made to realize that
crime will be punished, and that neither
the great nor the humble can disobey the
laws of the government without reaping
a proper penalty therefor.
Apropos to the vetoing mood which
seems to control Mr. Hayes at this time,
it may be interesting to present the views
of General Z:ichary Taylor as expressed
on this subject by him during his candi?
dacy for the presidency. When these
sentiments were uttered, the whole coun?
try was jealous of any encroachment up?
on the free institutions of the republic,
and as Gen. Taylor was elected by a
large majority, it may be safely asserted
that the sentiments he uttered on the
exercise of the veto power were in accor?
dance with the views of the people of the
nation at that time. If Mr. Hayes real?
ly desires to return to the ancient moor?
ings of our government, he cannot find a
better point to begin at than by practi?
cally adopting the following views of
General Taylor: "The power given by
the Constitution to the Executive to in?
terpose his veto is a high conservative
power; but in my opinion it should nev?
er be exercised except in case of clear
violation of the Constitution, or mani?
fest haste and want of due consideration
by Congress. The personal opinion of
the individual who may happen to occu?
py the Executive Chair ought not to
control the action of Congress upon
questions of domestic policy, nor ought
his objections to be interposed when
questions of Constitutional power have
been settled by the various departments
of government and acquiesced in by the
people."
The recent decisions of the Supreme
Court of this State have been anything
but encouraging to the advocates of the
fraudulent debt of South Caronlina.
Their champion mouthpiece has not had
a word about sustaining the decision
of the Court for about a month, and if the
decision should not be favorable to the
holders of these pretended bonds we expect
to witness some journalistic acrobatic
feats, which will be amusing. The judgts
of the Supreme Court are giving the debt
problem serious consideration, and from
the decisions already made we believe
they clearly comprehend the issues pre?
sented in the case, and that the forth?
coming decision will be in conformity to
the law and justice of the important mat?
ter commltttd tn their charge.
An exchange says that the Pennsyl?
vania Legislature is so corrupt that a
rotten egg smashed against the Speaker's
desk smelU like a hank of violets. Of
course this is the ease, for it is controlled
by the Republican party, which in turn
is controlled by I he Cameron wing. New
York and some other Legislatures where
the Republicans have the majority arc
very nearly as fragrant.
A Washington dispatch says that the
Democrats have decided to pass an ad?
dress to the President, to be presented
to him in the audience room of the
White House in the presence of both
Houses, under the joint rules, expressing
the disapprobation of his use of the veto
power. Hon. Proctor Knott, of Ken?
tucky, is preparing the address, which is
first to be submitted to the judiciary com?
mittee for concurrence. If it is adopted
it will have to be read to the President
by the Vice President, Wni. A. Wheeler,
and will present an amusing scene. The
idea of Wheeler lecturing Hayes for do-'
ing exactly what he wants him to do!
The Democrats, in our opinion, have
done many injudicious things, aud some
even verging on to the foolish, but we
presume that the leaders of the party
have too much judgment and shrewdness
to be guilty of any such proceeding as
that indicated. It will look to the coun?
try exactly like the child who has had a
threshing and, feeling that he can do
nothing else, makes mouths at the one
who whipped him. Every body knows
that the Democrats disapprove of the
President's veto, and if the address of
censure is adopted it will receive none
but Democratic votes, and be regarded as
a piece of political partisan spite. If
Congress can find nothing better to do
than make mouths at the President it
had better abjourn and go home.
THE STIFFENED SPINE.
The Military Munt Be Superior to the Civil
Power.
Washington*, May 12.
The president to day returned to the
house of representatives the act to pro?
hibit military interference at elections,
with his objections to its approval. The
president says: "Holding as I do the
opinion that any military interference
whatever at the polls is contrary to the
spirit of our institutions, and would
tend to destroy freedom of elections, and
sincerely desiring to concur with con?
gress in all of its measures, it is with
very great regret that I am forced to the
conclusion that the bill before me is not
only unnecessary to prevent such inter?
ference, but is a dangerous departure
from long-settled and important consti?
tutional principles. The true rule as to
the employment of military force at the
elections is not doubtful. No intimida?
tion or coercion should be allowed to con?
trol or influence citizens in the exercise
of their right to vote, whether it appears
in the shape of combination or evil-dis?
posed person, orofarmedhodiesof militia
of a stale, or of military force of the
United States. The e'ections should be
free from all forcible interference, and as
far as practicable from all apprehension
of such interference. No soldiers, either
of the union or of the state militia,
should be present at the polls to take the
place or to perform the duties of an ordi?
nary civil police force. There has been
and will be no violation of this rule.un?
der orders from me during this adminis?
tration. But there should be no denial
of the right of the national government
to employ its military forco on any day
and at any place, in case such employ?
ment is necessary to enforce the consti?
tution and laws of the United States.
Quoting the bill the president says:
"It will be observed that the bill ex?
empts from the general prohibition
against the employment of military force
at the polls two specifi.d cases. These
exceptions recognize and concede the
soundness of principle that military force
may properly aud constitutionally be
used at the place of elections when such
use is necessary to enforce the constitution
and the laws. But the excepted cases
leave the prohibition cases so extensive
and fer-reaching that its adoption will
seriously impair the efficiency of the ex?
ecutive department of the government."
The president then proceeds to quote
the acts of congress authorizing the use
of military power to execute the laws,
provisions of which were approved by
Washington and Jefferson, and still later
by Lincoln; and refering thereto the
president says: "At the most critical pe?
riods of our history my predecessors in
the executive office have relied on this
great principle. It was on this principle
that President Washington suppressed
the whisky rebellion in Pennsylvania in
1794. In 180(5, on the same principle,
President Jefferson broke up the Burr
conspiracy by issuing orders for the em?
ployment of such force, either of the reg?
ulars or of the militia, and by such pro?
ceedings of the civil authorities as might
enable them to suppress, effectually,
further progress of the enterprise, and it
was under same authority that President
Jackson crushed nullification in South
Carolina, that President Lincoln issued
his call for troops to save the union in
.1861. On numerous other occasions, of
less significance, under probably every
administration, and certainly under the
present, this power has been usefully ex?
erted to enforce the laws without objec?
tion by any party in the country, and
almost without attracting public atten?
tion. The great elementary constitu?
tional principle which was the founda?
tion of the original statute of 1792, and
which has been its essence in the various
forms it bus assumed since its first adop?
tion is that the government of the United
States possesses, under the constitution,
in full measure, the power of self-protec?
tion by its own agencies, altogether in?
dependent of State authority, and if need
be against hostility of the State gov?
ernment. It should remain embodied in
our statutes, unimpaired, as it has been,
from the very erigin of the government.
It should be regarded as hardly less val?
uable or less sacred than a provision of
the constitution itself. There are many
other important statutes containing pro?
visions that are liable to be suspended or
annulled at the times and places of hold?
ing elections, if the bill before me should
become a law. I do not undertake to
furnish the list of them. Many of them
perhaps, the most of them, have been set
forth in the debates on this measure.
They relate to extradition claims against
the election laws, to quarantine regula?
tions, to neutrality, to Indian reserva?
tions, to the civil rights of citizens and
to other subjects. In regard to them all,
it my be safely said that the meaning
and effect of this bill is to take from the
general government an important part of
its power to enforce the laws. Another
grave objection to the hill, is its discrim?
ination in favor of the State and against
the national authority. The presence or
employment of the army or navy of the
United Suites, is lawful under the terms
of this bill at the place where an election
is being held in a Slate to uphold the
authority of a State government, then
and there in need of such military inter?
vention ; but it is unlawful to uphold the
authority of the eoverninent of the Uni?
ted States then and there in peed of such
military intervention. Under this bill
the presence and employment of the
army or navy of the United States would
be lawful, and might be necessary to
maintain the conduct id' a Stale election
against the domestic violence that would
overthrow it, but it would be unlawful
to maintain the conduct of a national
election against the same local violence
that would overthrow it. The discrimi?
nation has never been attempted in any
previous legislation by congress, and is
no more compatible with the sound prin-,
ciples of the constitution or the neces?
sary maxims and methods of our
system of government on occasions
of elections than nt other limes.
In the eally legislation of J792 and
1790, by Which the militin of the states
was the only military power resorted to
for the execution of the constitutional
powers in support of state or national
authority) both functions of the govern?
ment were put upon the same footing,
and by the act of 1807 the employment
of the army and navy was authorized for
the performances of both constitutional
duties in the same terms. In all later
statutes on the same subject matter the
same measure of authority to the govern?
ment has been accorded for the perform?
ance of both these duties. No precedent
has been found in any previous legisla?
tion, and no sufficient reason given for
discrimination in favor of state against
national authority which this bill con?
tains. Under the sweeping terms of the
hill, the national government is effectu?
ally shut out from the discharge of the
right and from the discharge of the im?
perative duty to use its whole executive
power wherever required for the enforce?
ment of its laws at places and times where
and when its elections are held. The em?
ployment of its organized armed forces
for any such purpose would be an offense
against law, unless called for by, and
therelore upon permission of, the author?
ities of the state in which the occasion
arises. What is this but the substitution
of the discretion of the state government
for the discretion of the government of
the United States as to the performance
of its own duties. In my judgment this
is an abandonment of its obligations by
the national government, a subordination
of national authority, and an intrusion of
state supervision over national duties,
which amounts in spirit and tendency to
state supremacy. 1 hough I believe that
the existing statutes are abundantly ade?
quate to completely prevent military in?
terference with the elections in the sense
in which the phrase is used in the title
of the bill, and is employed by the peo?
ple of the country, I shall find no diffi?
culty in concurring in any additional
legislation limited to that object which
docs not interfere with I he indispensable
exercise of the powers of the government
under the constitution and laws.
Signed, Rutherford B. Hhybs.
Executive Mansion, May 12,1879.
UNITED STATES COURT.
Important Railroad Litigation?Chamber?
lain lit Charleston and Corbin Expected.
The term of the United States Circuit
Court, which will be opened here by
Chief Justice Waite and Judge Hugh L.
Bond this morning, promises to be occu?
pied in the discussion and solution of a
large number of questions of vital im?
portance to the raiifr.ad interests of this
State, and, in nddition to the numerous
members of the Charleston bar who will
appear in the cases, ex-Governor D. H.
Chamberlain, ex-Judge Samuel W. Mel?
ton, Col. James H. Rion and Captain
Win. E. Earle have already arrived to
take part in the arguments, and D. T.
Corbin, Esq., is expected to arrive to-day
or to morrow, representing certain plain?
tiffs in the South Carolina Railroad case.
The first case that will be taken up
will be the Greenville and Columbia
Railroad case, which will come up this
morning. In this case, Mr. Chamber?
lain, representing Freeman Clark and
others holding the State guaranteed
bonds, will file a bill asking the United
States Court to take jurisdiction of the
case, vncate the appointment of Gen.
James Conner as receiver by the State
Court, and appoint a new receiver. Col?
onel Rion, who represents certain holders
of the State guaranteed bonds, will be
neutral upon the question of jurisdiction,
but will, when that point is settled, urge
the priority of the State guaranteed
bonds.
Ex-Judge Samuel Melton, with Capt.
Earle, will represent the road, and will
oppose the appointment of a receiver by
the United States Court.
The South Carolina Railroad case will
probably next be taken up. In this case
the most important questions which will
be discussed arc as follows: A motion
will be made to vacate the appointment
of the receiver, John Ii. Fisher, Esq., by
Judge Bond at Baltimore, on the ground
that he had no jurisdiction to make the
appointment outside of the State of South
Carolina. A motion will also be made to
appoint a referee to take testimony gen?
erally in the case ; also a motion for the
pavment of the interest on the undispu?
ted bonds of the road; also a motion to
set aside the injunction granted by
Judge Bond with regard to the hypothe?
cated bonds; also a motion to vacate the
injunction granted by Judge Bond
against the syndicate's coupons; also a
motion to require the receiver to give a
new bond, with sureties residing in the
Stute of South Carolina ; also a petition
from the present receiver for permission
to extend the tracks of the road to Cooper
River, and to erect the necessary wharves
at a cost not to exceed $35,000.
In this case Mr. Chamberlain, together
with Mr. Corbin, will represent the com?
plainants, Calvin Chi flirt anil others. A
motion will also be made by Messrs.
iMcCrady & Son, representing "the trus?
tees of the Blue Ridge Railroad, to set
aside the sale of this road, made under
the decree of Judge Bryan in the District
Court. Judge A. G. Magrath represents
the purchasers, and will oppose the mo?
tion.
The Wilmington, Columbia and Au?
gusta Railroad will also figure in court
during the term. Messrs. Moise & Lee,
of Sumter, will endeavor to establish a
judgment obtained in the State Court as
a hen prior to the mortgage upon the
road, under which mortgage proceedings
are now pending for foreclosure and sale.
Col. Rion, representing the receiver, will
resist this motion.
The Port Royal Railroad will also have
a place in the picture. This case will
come up on a motion lor a confirmation
of sale and the reports of Special Master
James Simons, Jr., upon the claims
against the road, together with the ex?
ceptions to these reports.
The Chief Justice will remain here
only until Friday night, but Judge Bond
wili remain a week longer if necessary.
The court will meet this morning
promptly at 10 o'clock.?New? and Co a
Her, May 19.
BROWN'S FERRY~
SAVANNAH RIVJBlt.
HAVE erected a WIRE ROPE across
Savannah River at Brown's Kerry.
Can now cross Travelers low water, high
water and high winds. From this date:
One horse and buggy, 29 cents, and back
for nothing.
Two horses and buggy. .')0 cents, and hack
for nothing.
One horse and Wagon, 25 cent*, and back
for nothing.
Two horses and wagon, .r>0 cents, ami hack
for nothing.
Three horses and wagon, (KJ cents, and
back for nothing.
Four horses and wagon, 7-"> cent", and
hack for nothing.
One horse and man, 10 cents, and hack
for nothing.
Foot passengers, 10 cents, ami hack for
nothing.
On high water or high wind will charge
full ferriage going or coming.
A. M. HOLLAND.
May 22, 1S7? _4?_2__
THEY HAVE COME !
THOSE GRAIN CRADLES we spoke
ol, and we hope you will call and sec
them. We can oiler you bargains.
A. ?. TOWERS & CO.
5 nnd Morphine hnhltrnrrd.
Opium K.tinc. 11 ?'. H. Pqahq
Wvrtulucuu, Green. Celled.
Lost Certificate of Deposit.
fpHE undersigned has lost or mislaid a
X Certificate of Deposit in ihc National
Bank of Anderson, S. C, No. 1397, for
$200.00, dated 22nd January, 1879.
G. W. LONG.
May 22, 187? 43 1_
To Public School Teachers.
TEACHERS holding claims for services
In January may present tliein to the
County Treasurer for payment on or about
the li rat <>f .Inno.
It. W. TODD, School Commissioner.
May 22, 1ST!? i"> i
FOR SALE.
Till' Fine, Thorough-bred, Short-Horn
American Herd Book registered Bull
WINCE OF GRASS HILL. He w as im?
ported three years ago, and is now nearly
four years old, i.? thoroughly acclimated,
and hns a full Pedigree, showing him to be
out of Mie choicest milking strain to he
found on the Continent. For further par?
ticulars address H. F. W. BREUER, care
of Breuer it Kohnke, Charleston. S. C.
May 22, 1370 45 _4_
MONEYJN IT !
MR. F. (i. MASS BY having purchased
the Patent Bight for CUSTOM'S
GIN SHARPENER, forPickens,Oeonec,
Anderson und Abbeville Counties, and for
Hart County, Ga., and having formed a co?
partnership with hilli for the use of this
Patent, I am now prepared to sharpen your
gin saws better and cheaper than you have
ever had it done before. This Gin Sharp?
ener is superior to any that has been used
in this country, and does the work bitter
than it can possibly be done by hand. I
will travel through the country and sharp?
en your Gins at your houses, or von can
bring them to me at Anderson C. H. Send
in your orders at once, and be prepared for
the cotton season. I am also prepared to do
any other work that may be needed.
B. F. WILSON, Anderson,8. C.
_May 22, 1870_45__ 3m
THE STATE OF SOUTH CAROLINA,
COUNTY OK ANDERSON.
COURT OF COMMON PJ.BAS.
Krancos S. Rilry, Plaintiff, against Clarisso GalDf*.
William A. (iitinss, Tilmau It. liallies, Marshall
B. Gaines, Edmund P. Gaines, Lawaoa P. Gataet,
Carrie A. (.allies, Max writ C (iainfs, Jane Ram
s?ry, David M. Ramsey, Lou Ramsey, Laura Ram?
sey, Matllc Ramsey, and the State Savings and
Insurance Hank of Anderson, S. C, l/ereiiilants.
?Sil in ?ioii.? /or Belie/?Otmplninl not trrint.
To the Defendant* Clarissa Gaines, William A.
Gaines, Tilmau R. Gaincs, Marshall 11. Gaines,
Edmund P. Gainrs, Lawson P. Gaines, Carrie A.
Gainea, Maxwell C. Caincs. Jane Ramsey, David
M. Ramsey, Lou Ramsey, Laura Ramsey, Mattie
Ramsey, and the State Savings and Insurance
Hank of Anderson, South Carolina:
YOU are hereby summoned and required to an?
swer the complaint !;? .his action, which is
filed in the office of the Clerk of the Court of Com?
mon Picas, at Anderson C. IL, H. C, and to serve a
cony of your answer to the said complaint on the
subscribers at their office, Anderson C. IL, S. C?
within twenty days after the service h .Teof, exclu?
sive of the day of such scrvire; and if you fail to
answer the cumplaint within the time aforesaid,
the plaintiff in this action will apply to the Court
for the relief demanded In the complaint.
Dated Anderson, S. C, May 20th, A. D. 1S79.
[skal] JOHN W. DANIELS, c. c. p;
MURRAY & MURRAY,
Plaintiirs Attorneys.
To the above named Defendants, Carrie A. Gaines
nnd Muxwcll C. Gaincs:
Take uotlco that the complaint In this action, in
which a summons is herewith served upon you, was
filed in the office of the Clerk of trie Court of
Cammon Pleas for Anderson County, and Slate of
South Carolina, on the 'JOth day of May, A. D.
1H71I, and that the object of the said action is to Ob?
tain partition of the Real Estate of Nathanic.
lialnes, deceased, containing six hundred ai.d sev?
enty acres of land, situate in the County of An?
derson, and State of South Carolina, among the
owners thereof, by Commissioners to be appointed
for the purpose, or to obtain a sale thereof, to he
made, and a division of the proceeds, if a partition
cannot be made without prejudice to the interest
of the owners, and also to authorize the Master for
Anderson County to execute titles to the [Micha*
tiers of certain tracts of lands sold by the said
Nathaniel (laincs in his life time.
MURRAY ? MURRAY, Plaintiff's Alt'*.
May H.1879_45_fi_
Notice to Contractors
THE undersigned advertise for proposals
to build BAHN with Stalls on Poor
House Farm, and all proposals must be ac?
companied by two or more sureties. If the
interest of the County should require it, all
bids may he rejected, and the Contract let
to the lowest bidder on the 3rd of June.
For further information apply to R. S.
Bailey, Chairman Board County Commis?
sioners.
R. S. BAILEY,
N. ?. FARMER,
W. S. HALL,
Countv Commissioners.
May l?, 1879 44 3
LUMBER! LUMBER!
ALARGE lot of good Lumber is kept
constantly on hand at my Lumber
Yard at the Blue Ridge Depot in Anderson,
and orders for large or small lots of any
kind desired will be promptly filled at low
prices. Mr. Robert MayfleM is my agent
for the sale of Lumber at Anderson, and
will furnish any information desired to
persons wishing to make an order.
JOHN KAUFMAN.
Jan 30,1870_29_ly
J. S. COTIIRAN, I H. G. SCUDDAY,
Ablicrille, S. C. I Anderson. S. C.
COTHRAN & SCUDDAY,
Attorneys at Law,
ANDERSON, - - S. C,
WILL practice in all the Courts of Uiie
State, and in the U. S. Courts.
Office?North west Corner Benson Hons
Building.
Jan lfi, 1879 27 ly
i CARD.
IIA VING completed my course at the
Jefferson Medical Col/eye of Philadelphia,
I respectfully offer my Professional services
to the people nf Anderson and the sur?
rounding country.
SAMUEL M. OR II, M. D.
May I, 1879 -12 _ 3111
QUICK SALES
AND
SMALL PROFITS
IS our motto, and we can make it to your
interest to call and see us when you are
In need of anything. We will sell you
mod Goods at l?w prices.
A. B. TOWERS A CO.,
No. 4 Granite Row.
_April 17, 187!? 40_
THE LADIES
TT7ILL alwavs find something attractive
V? in our'large line of Prints, new
styles; Cashmeres, Alpacas, Mohairs, Ac.
Shawls, Blankets, Toilet Quilts, Bleached,
Brown and Checked Homcpnns. Don't
forget the place, No. 4 Granite Row.
A. B. TOWERS & CO.
Sept Uli. 1878 11 _
FEED CUTTERS. &C.
WE have just received another lot of
Breitnau it Co.'s superior ma?
chines?such as Dexter Feed Cutlers and
Corn Shcllers, drain Fans, Cider anil Sor?
ghum Mills. The very best.
A. B. TOWERS & CO
April 17. 1S7!) 40
GREAT REDUCTION
IN prices of CARPETS. We have just
marked down our entire stock to aslon
ishinglv low prices. Anybody can buy
now. We have a few pieces of beautiful
patterns suitable for Mats and small Rugs
that we will sell low.
A. B. TOWERS it CO.
April 17, 187?_40_
NOTICE TO CREDITORS.
All persons having demands against
the Estate of Andrew McLcos, deceased,
are notified to render the same to W. W.
Humphreys, properly proven, within the
time prescribed by law, and those indebted
to the Estate to make payment to the un?
dersigned.
HUGH McLEES, Executor.
May 8, 137!? 43 3*
OPIUM! *
lanta, Georgia. Reliable cri
H ABIT
rlenccgiven, and reference to
CUR E?cnrcd patients am! physicians.
Send fur mr b'?>k ?n The Habit and Its Cure.
Krec. - ?-?o
ANOTHER LOT
OK well-selected Goods that will not fail
to please the eye und lit the purse.
Call early and often! They are going oft"
rapidlv.
' ? A. B. TOWERS .t CO.
"PRESCRIPTION t FREE!"
l'.r Ihr siue.lv l-uri-i.l S<Miuli:il\\eaknrss l.J?l
Stan'.ami (mil .lis..r.l.-rs hruuglll Ml by nills
erctlon wcxeem Any ""JW^f^L'JSr
dienet, .^flrtr?-??. Or. W. JAQIH. * J O.,
taw tTcS* ****** (Mr***. iWtnjantl, o.
THE STATE OF SOUTH CAROLINA,
COUSTY OF ANDERSON.
COURT OF PROBATE.
James McDavid. Executor i?f Ann Wil?
liams, deceased, Plaintiff, against Austin
Williams, Humphrey Williams. John B.
William?, Ira C. Williams, Harriet I Tor
ton, William Clement and wife. Elisa?
lieth Clement, Joshua Acker and wife.
Matilda Acker, Mary McDavid. Ira C.
Gilgersnn, Louis A. Williams, and chil
drcn of Laura Ann Calhoun, names and
afres unknown, Defendants.?Summon* fir
Relief, dV.?Complaint not Served.
To the Defendants as above?
YOl* arc hereby summoned and required
to answer the petition in this action,
of which a copy is filed in the Probate
Court, and to serve a copy of your answer
to the paid petition on the subscriber* at
their office, at Anderann Court House,
South Carolina, by the 18th of July, 1879,
and if you fail to answer the complaint
within the time aforesaid, tho plaintifT in
this action will apply to the Court for the
relief demanded In tho complaint.
Dated Anderson. S. C, 13th Mav, A. D.
1S79. EARLE .t WELLS,
ORK ft TRIMBLE,
Plaintiffs' Attorneys.
To the Defendant?
You will tnkc notice that the object of
this action is for an accounting, final settle?
ment of, and discharge from Estate of Mrs.
Ann Williams, deceased.
KARLE tt WELLS,
ORK <t- TRIMBLE,
Plaintiff's Attorncvs.
W. \V. HUMPHREYS,
Judge of Probate.
May l.">, 1870_44_0_
THE STATE OF SOUTH CAROLINA,
COUNTY OF ANDERSON.
COURT OF COMMON PLEAS.
J. 0. Jones and wife, I'allic Jones, Plain?
tiffs, against W. M. Millwee, Margaret A.
Tattian, Martha E. Harper, Sophia C.
Millwee, et al., Defendants.?Summons
fur Relief?Complaint not Served,
To the Defendants W. B. Millwee, Margaret
A. I'attian, Martha E. Harpen Mary J.
Wilborn, Samuel B. Millwee, Fannie M.
Jones and husband, David Jones, Sophia
A. Lewis and husband, J. W. Lewis,
James M. Millwee, Robert B. Millwee,
Sophia C. Millwee, Amaziah Hall and
S.S. Newell.
YOU arc hereby summoned and required
to answer the complaint in this ac?
tion, of which a copy is herewith served
upon you, and to serve a copy of your an?
swer to the said complaint on the subscri?
bers at their office, at Anderson, South Car?
olina, within twenty days after the service
hereof, exclusive of the day of such service ;
and if you fail to answer the complaint
within the time aforesaid, the plaintilfs in
this action will apply to the Court for the
relief demanded in the complaint.
Dated May 1,1879.
MOORE ? ALLEN,
Plaintiffs' Attorneys, Anderson, S. C.
The Defendants will take notice that the
complain herein filed is for the purpose of
continuing, or legalizing, the proceedings
had before the Probate Judge, relative to
the Real Estate of Samuel Millwee. deceas?
ed, and for such other relief as is demanded
in the complaint.
MOORE ft ALLEN",
Plaintiffs' Attorncvs.
May 8, 1S70 _ 43 _(i_
STATE OF SOUTH CAROLINA,
COUNTY OR ANDERSON.
COURT OF COMMON t'l.l'.AS.
James T. Holland and Major C. Holland,
Plaintiffs, against John Holland. Adaline
Holland, Mary Holland, Thomas Hol?
land, Mitla Holland, the children of Ma?
rion Holland, deceased, to wit: Annie
Holland and Mamie Holland. A. J.
Stringer and J. B. Lewis, Defendants.?
Summons for Relief?Complaint not Served.
To the Defendants John Holland, Adaline
Holland. Mary Holland. Thomas Hol?
land, the children of Marion Holland, to
wit: Annie Holland and Mamie Hol?
land, A. J. Stringer and J. B. Lewis:
YOU arc hereby summoned and required
to answer the complaint in this ac?
tion, a copy of which is tiled in the office
of the Clerk of the Court of Common Pleas
for Anderson County, and to serve a copy of
I your answer to the said complaint on the
subscriber at his office, at Anderson, South
Carolina, within twenty days after the ser?
vice hereof, exclusive of the day of such
service; and if you fail to answer the com?
plaint within the time aforesaid, the plain?
tiff in this action will apply to the Court
for the relief demanded in the complaint.
Dated Mav G, A. D. 1879.
JOHN E. BREAZEALE,
Plaintilfs' Attornev.
To the Defendants John Holland. Adaline
Holland, Mary Holland, Thomas Hol?
land and .Mitia Holland:
TAXE NOTICE that the complaint In
this action is for the confirmation of the
sale of the Real Estate of William Holland,
deceased, and was filed in the office of the
Clerk of the Court of Common Pleas on
thclith day of Mav. A. D. 1879.
JOHN E. BREAZEALE,
Plaintiff's Attornev.
May 8, 1879 43_6
THE ATTENTION
OF THE
LADIES OF ANDERSON
IS respect fullv invited to my SPRING
STOCK OF MILLINERY GOODS,
which has been selected with care to suit
the varied tastes of my customers. The
stock of these Goods is elegant, and will be
kept replenished us the trade may demand.
The prices are in all instances as reasonable
as can be found for the same class of Goods
any where else. Millinery, Mantua-Making,
Stamping and Plaiting will be attended to
promptly and carefully. The Ladies of the
town and surrounding country are invited
to call and examine my stock before pur?
chasing.
MISS DELLA KEYS,
In Centennial House.
April 3, 1879_38_'Jm
EXECUTOR'S SALE.
BY virtue of the power invested in me
by the Will of Andrew McLces, de?
ceased,'I will sell at Anderson C. II.. on
Soleday in June next, the following Tracts
of Land, whereof the said Andrew McLces
died, seized and possessed, to wit:
Tract No. 1, containing 140 acres more or
less.
Tract No. 2, containing 100 acres, more or
less.
Tract No. 3, containing 100 acres, more or
less.
The above lands are located in Rock
Mills Township, adjoining lands of J. J.
McLces, the homestead and Mrs. Fowler.
J. J. McLces will show the lands to any
one desiring to purchase.
HUGH M. LEES, Executor.
HOME MADE FERTILIZERS
AND
(lover. Elite <irnvs.
Herd* <>ri:?N, Oreliard <?rasiN,
Lucerne ami Chiiius.
ALSO,
GARDEN SEED,
Wholesale and Retail.
ALSO,
A full line of DRUGS, MEDICINES,
CHEMICALS, PAINTS. OILS. LA HPS,
ami DRUGGISTS' SUNDRIES, for aale
cheap for cash by
WIL1HTE ^ WILLIAMS.
Feb l>, 1879_30_
A LIMITED NUM?
MER of active, ener?
getic canvassers to en?
gage in a pleasant and profitable business,
(iood men will lind this a rare chance
TO MAKE MONEY.
Such will please answer this advertisement
by letter, enclosing stamp for reply, stating
what business they have been engaged in.
Nolle but those who mean business need
applv. Address,
KIN LEY, HARVEY ,v. CO..
March 'Jn, '79? ly Atlanta. Ca.
GROCERIES.'
OUR line of FAMILY GROCERIES is
complete. Fine TEAS, viz.: Gunpow?
der, Young Hyson, Oolong and English
Breakfast?a Siireialti/.
A. B. TOW EitS ft CO.
April 17. 1879 _4<>_
FRESH ARRIVALS.
N'oTIIKI! !?>i nf beautiful Calico Piene,
Long Cloth, folloitadcs, Ciii.-liain.-,
nekeil llnme l'UU.-. Ca.-lilnarets, ft?\
A. It. TOWERS A: CO.
April 17. I>79 IU
A
GLD AND RELIABLE,
S.ixi'ono's Li%-Eit Invtoorator}
fia n Statular.l Family Remedy for ^5
t' Iis -as s of the Livr, Stomach ^?5
?and Bowels.?It is Furely %?%a*1 r
^Vegetable.? It never
(Debilitates?It is
^Cathartic ami
jTonic.^f '
flTRY ,
#?2
*. -.oOl?tiTd tP I ? IInvigoratorJ
E$ J?*"has been used}
in my practice}
J** and by the public,}
i h*fl ' for more than 33 years,J
J?* with unprecedented rcsuits.^
'send for circular.}
'S. T.W. SANFORO, d.O., S3?3S?S5?S$
J .1ST IIUKiCIST WILL TKLLYOI ITS l;KI IT.mO.\. J
J. B. CLARK & SON,
MERCHANT TAILORS,
HAVE JUST RECEIVED from New
York a tine assortment of (Joods in
their line, consisting of
Cloths,
Doe Skin Cassimeres,
Worsted Diagonals,
English and
American
Suitings,
Fancy
Cassimeres,
Which are the most beautiful we have ever
had the pleasure of exhibiting to our custo?
mers before.
Call and sec them and select a Suit before
they arc all gone.
We GUARANTEE SATISFACTION',
botli in style and fit ami good work.
We respectfully ask our friends and the
public generally to give us a call before
purchasing elsewhere.
April 3, 1879 38
STOVES!
STOVES! STOVES!
One Car Load Just Arrived and
Another on the Way.
JLHESE STOVES will be sold on tho
Cotton Option plan?like fertilizers.
Come on men, and buy your wives
Stoves. You can buy a good Stove for
150 to 27? pounds middling cotton.
And as for TINWARE, I will sell you
better Tin and at lower rates than any
man in Town.
Bring on your HIDES, RAGS, anil
other produce. I pay better prices than
anybody.
Having secured the services of a first
class mechanic, I am prepared to repair
the old '?Farmer Stoves" that the people
have been so humbugged in.
JOHN E. PEOPLES.
May 1, 1S79 42
AGRICULTURAL
MACHINERY.
Tozer's Plantation Engines,
The Cardwell Threshers &. Cleaners,
The Cotton Bloom,
The Gullett Steel Brush and
Taylor Cotton Gins,
And everything in the way of Agricultural
Machinery and Machine Repairs, for sale
on favorable terms. As to the merits of all
Machinery sold by me, I will he glad to
furnish the lust tafimoninl*. Satisfaction
guaranteed. I can he found at the store of
J. P. .Sullivan ?V Co., where I would be
pleased to see those wishing to buy any?
thing in this line.
J. M. SULLIVAN*.
April 17, 1879 -10 Um
The Nineteenth Century adds the
Eighth Wonder of the World.
The Holman Liver Pad,
PLASTERS and SALTS,
Cures without medicine, simply by absorp?
tion. A sure cure for Dyspepsia, Tor?
pid Liver, Biliousness, and all
such Diseases.
Call at once, ye invalids.
Sold in the Town of Anderson only by
SIMPSON, REID & CO.,
, .? Benson House Corner.
March 20, 1879 :jo lv
poo
j, j blackwell's m 1
&W DURHAM fllntf
TOBACCO