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BY E. B. MURRAY & CO. ANDERSON, S. C, THURSDAY MORNING, MARCH 11, 1880. VOLUME XV.?NO. 35. REDUCING COSTS OF COURT. An Act Important to Lawyess, Clients and Officers. An Act to amend an Act entitled "An Act to regulate the Costs of Plaintiffs' and Defendants' Attorneys and the Costs and Fees of Clerks of Court, Pro? bate Judges, Sheriffs, Trial Justices and other officers herein mentioned," approved March 22,1878. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: Section 1. That the Act entitled "An Act to regulate the costs of plaintiffs' and defendants' attorneys and the costs arid fees of Clerks of Court, Probate Judges, Sheriffs, Trial Justices and other officers herein, mentioned," approved March 22,1878, be, and the same is here? by, amended by striking out Sections 2, 3, 4, 5, 6,7,. 8, 9 and 10 therein and in? serting in lieu thereof the following sec? tions : Sec 2. Plaintiffs' Attorneys' costs: For rule on sheriff or other officers of the court, three dollars; for issuing sum? mons, four dollars; for issuing complaint, four dollars; for entering up judgment and issuing execution, three dollars ; where special bail is required, one dol? lar ; for every subpoena, writ and ticket, ; one dollar; lot every renewal of execu? tion, one dollar; for every demurrer or joinder in demurrer, three dollars; for every motion for a new trial when grant? ed, live dollars; for every trial of the cause in the circuit, five dollars; for every commission to examine witnesses or filing cross interrogations or for issu? ing writ of partition, eight dollars; pro? ceedings before trial on appeal from trial justice court, three dollars; for trial of the cause; five dollars; when the amount sued for is under twenty dollars, only two dollars and fifty cents for trial; for all proceedings in dower, from beginning to end, twenty dollars; for cases in attach? ment, in addition to common costs, ten dollars; for the jury in each case tried, one dollar: for examination of a party or witness before trial, three dollars; for issuing summons and complaint on the equity side of the court and necessary exhibits, twenty dollars; if for the parti? tion of real estate valued at one thou? sand dollars or less, only ten dollars to be charged for the summons, complaint and exhibits; briefs for the circuit judge, five dollars; special matter and argument on the circuit, five dollars; for the appoint? ment of a guardian or guardian act litem for an infant, ten dollars;- one attorney representing all the infants in a cause to charge only ten dollars for the appoint? ment of a guardian ad Htem for them; for exceptions to clerk's or referee's re? port, five dollars; for each day attending before cleric or referee on reference, five dollars; for making and serving a case or cases containing exceptions, ton dol? lars; for procuring an order for injunc? tion, five dollars; on appeal for the Su? preme Court, fifteen dollars; on argu? ment in Supreme Court, twenty dol? lars. Sec. 3. Defendants' attorneys' costs: For giving notice of appearance when necessary, four dollars; for answer or demurrer, four dollars; for entering up judgment and issuing execution, three dollars; for trial of the cause on the cir? cuit, five dollars; to the jury, one dollar ; for motion for new trial, when granted, five dollars; for every commission to ex? amine witnesses or filing cross interroga? tories, eight dollars; for all proceedings before trial- on appeal from trial justice court, three dollars; for trial of the cause, five dollars; when the amount sued for is under twenty dollars, only two dollars and fifty cents to be charged fur trial; for subpeeua writ and ticket, one dollar; for answer on the equity side of the court and necessary exhibits, twenty dollars; briefs .for Circuit Judge, five dollars; special matter and argument on circuit, five dollars; each day's attendance on reference before clerk or referee, five dol? lars; exceptions to clerk's or referee's report, five dollars; for making and serv? ing a case or cases containing exceptions, ten dollars; for procuring an order for injunction, five dollars; on appeal to Su? preme Court, fifteen dollars; on argu? ment in Supreme Court, twenty dollars. Sec 4. Clerks of the Courts of Com? mon Pleas and General Sessions: For signing and sealing summons, fifty cents; for filing complaint, fifty couts ; for filing each answer, demurrer or joinder in de? murrer, twenty-five cents; for signing and sealing subpoena writ, fifty cents; for docketing a cause, one charge only at each term, fifteen cents; for attending the trial of a cause, whether civil or criminal, and swearing witnesses, fifty cents; for entering verdict or other order for final judgment on minutes of the court, twenty-five cents; for making as? sessment on reference, twenty-five cents; for special order for bail, fifty cents; for filing and entering on the journal every rule or order for arbitration, twenty-five cents; for filing affidavits for continuance wheu ordered oy the Judge, twenty-five cents; for signing, entering aud enrolling judgment, seventy-five cents; for signing and sealing first execution, fifty cents; for signing and sealing each renewal of execution, twenty-five cents; for enter? ing satisfaction on judgment, twenty-five cents; for taxing security for costs, en? tering order therefor, if made, fifty cents; for recording judgments, one dollar and fifty cents; for recording decrees of fore sheets of ninety words, nine cents; for admini8tering*oath other than on trial of cause, proof of service on sheriff's return, oath to jurors or by order of court, fifteen cents; for taking and filing bonds in at? tachments, trover or in other cases, one dollar; for signing and sealing commis? sion to examine witnesses, seventy-five cents; exemplification of proceeding or other office copy, per copy sheet of ninety words, nine cents; recording plat of land under order of the court or copying the same, fifty cents; rule of survey, fifty cents; each official certificate under seal of court not herein specified, fifty cents; issuing writ of attachment for contempt or other special writ, one dullar; signing and sealing writ oi hab.fac. possessionem, fifty cents; receiving und paying over money officially, two per cent., if under three hundred dollars; if over that sum, two per cent, for the first three hundred dollars and one per cent, for the balance; every appeal from trial j'ustice, all ser? vices inclusive, except for entering up judgment and issuing execution therein, one dollar ; on bill nol. pros, before given out, one dollar; on bill thrown out by grand jury, or found and nol. f""os., dollars; on bill found and verdict by petit jury, three dollars; all orders for bastardy and taking recognizance, one dollar; issuing bench warrant, writ of habeas corpus, scire facias and each execu? tion in sessions, one dollar and fifty cents; for issuing warrants, taking recog? nizance or other services in the sessions as :rial justice er officio, same fees as allowed that officer; for each writ of venire facias, including all services inci? dent t> summoning juries, two dollars; for preparing and tailing certificates for grand and petit jurors and constables and furnishing returns to county commission? ers' for each term of the Court of Corn reports, per copy abated, discontinued or struck mon Pleas and General Sessions, five dollars; for filing petition and signing writ de lunatico enquirendo, one dollar; for furnishing advertisements in cases of escheat, exclusive of printer's bill, one dollar; for recording whole proceedings therein, two dollars; for license to an at? torney, all services included, five dollars; for filing and entering notice of alien's intention to become a citizen, one dollar; one dollar; for administering oath of in? tention, one dollar; for filing and enter? ing application to become a citizen and administering oath, two dollars; for giv? ing certificate (over seal of office) of citi? zenship, one dollar; for taking renuncia? tion of dower or inheritance, two dollars; for every search for a paper found (not to be charged to the parties or attorneys when for papers in a case pending,) fif? teen cents; for every 6earch necessary for a certificate that a paper is not to be found in office, twenty-five cents; for swearing a trial justice or constable in office, taking constables' bonds and giv? ing certificates thereof, one dollar; for every probate in writing, twenty-five cents; for signing and sealing dedimus potestatum, one dollar; for official certifi? cate to exemplification of record, one dollar; for official certificates without the seal, twenty-five cents; each day en? gaged in holding reference, one dollar; making up and returning report, but no more than one report in each case, three dollars; deed of conveyance or mortgage, two dollars; for official record of estray and filing papers, one dollar; for record? ing and copying deeds or other papers, per copy sheets of ninety words, nine cents; for entering satisfaction on mort? gage, twenty-five cents; for recording or copying plats of not more than six corn? ers, one dollar; and for every corner over six, ten cents; for granting charter of incorporation, two dollars; for grant? ing charter to church, one dollar. Sec. 5. Sheriffs' costs: For entering every writ, summons, process, execution or other paper in writ or execution book and making endorsement thereon, twen? ty-five cents; for serving every writ, summons, notice or rule, not otherwise herein specified, besides mileage, one dollar; mileage from court house to de? fendants' or witness' residence or place where found, going and returning, per mile, five cents; commitment and release of prisoner, each fifty cents; issuing each venire for grand jury, (fifteen dollars; serving each venire for petit jurors, twen? ty-five dollars; serving subpoena writ and mileage on each ticket, fifty cents; serving bench or other warrants, aet're facias from the Court of Sessions, or writ of attachment for contempt, besides mile? age, one dollar and fifty cents; search for person or goods not found and re? turned on the execution of non est inven? ting or nxdla bona, fifty cents; each execu? tion returned to clerk's office on schedule, twenty-five cents; levying executions or i attachments, besides mileage, one dollar; dieting prisoners in jail, per day thirty five cents; executing convict, including i all charges for burying and other, ex- 1 penses, twenty dollars; bringing up pris- i oner under habeas corpus, to be paid by prisoner if able, if not, the .county, be- ' sides mileage and necessary expenses, one dollar; conveying prisoner from one place to another, for every mile going and returning, besides all necessary ex- i peuses, six cents; commissions on all moneys collected by him, if under three i hundred dollars, two per cent., if over that sum two per cent, for the first three I hundred dollars and one per cent, for the j balance, and one-half of one per cent, on all sums paid to plaintiff as agent or at- ! torney ou execution lodged with the < sheriff; execution lodged to bind with i order not to levy, fifty cents; for adver- I tiaing defendant's property, in addition to printer's bill, one dollar; drawing and executing a deed of conveyance or taking mortgage, two dollars; drawing and exe? cuting each bill of sale when required by i purchaser, two dollars?no sheriff shall charge more thau one bill of sale for property bought at the same sale by the same party; for executing a writ of habere facias possessionem, besides mileage, one dollar; transferring money, bonds or 1 other securities for money to party, one- ' half of one per cent.; for selling land under decree of Court, in lieu of commis? sions and all other charges, except for ' advertising, two dollars; for serving no- j tice on each set of managers of election, besides mileage, one doll lar; summoning ' freeholders to try suggestions of fraud, ' five dollars; for every fine paid before 1 levy, fifty cents; for every fine paid after 1 levy and before sale, one dollar. sec. 6. Probate Judges: For a cita- ' tion, fifty cents; for qualifying executor, 1 administrator or guardian, issuing letters ! to either and re-recording* such letters, two dollars and fifty cents; for taking 1 bond from administrator or guardian and ' recording same, one dollar; for issuing ' warrant of appraisement and oath, fifty ; cents; for proving a will in common form and filing and certifying the same, | one dollar; for proving a will in solemn ! form and filing and certifying the same, five dollars; lor recording will, probate and certificate, per copy sheet of ninety words, nine cents; for filing and entering renunciation of executor, fifty cents; for ) dedimuspotestatem to prove will or quali? fy as executor, one dollar; for recording each inventory and appraisement of ac? count of sales, each figure counting for a word, per copy sheet of ninety words, 1 nine cents; for receiving, examining and 1 filing the annual or final accounts of each administrator, executor or guardian, for first year, three dollars; for each succeed- ' ing year, one dollar; for recording said accounts, per copy sheet of ninety words, niue cents ; for hearing and filing peti- ' tion for sale of personal estate and order, one dollar; for hearing and filing peti? tion for guardianship and appointment of guardian or guardian ad litcm, one dollar; for entering a caveat or with- , drawing the same, fifty cents; for hear? ing every litigated case, three dollars for each day engaged, not to exceed twelve dollars in any one case ; for swearing and examing each witness, fifteen cents; for certifying copy of any paper on file in his office, fifty cents; for copying such paper, per copy sheet of uinety words, nine cents; for every rule issued against defaulting witness or party failiug to account* two dollars; for every attach? ment issued on the return of such rule, one dollar; for furnishing and certifyiug copy of proceedings in case of appeal, three dollars; for every search, fif'teeu cents; for every certificate not hereinbe? fore specified, twenty-five cents; for hearing petition to sell real estate in aid of asset* and granting order therefor, two dollars; for taking administrator's or executor's bond, in each case, one dollar; for final discharge of executor, adminis? trator or guardian, two dollars; for pro? ceedings in dower, inclusive of all charges, where the amount is under two hundred dollars, five dollars ; when over that amount, ten dollars ; for proceedings in lunacy, ten dollars: Provided where proceedings in lunacy are only had by certificate of physicians, three dollars; for proceedings and services settimr off homestead, including titles, five dollars: Provided, that in case the amount of Mate in the Probate Court does not ex? ceed two hundred and fifty dollars, tho costs to be taxed on the case shall not exceed one-half of the amount above id recording report of a lien, r_J_i_T.i~5_.1_C :_ allowed; receiving and paying over money officially, two per cent., if under three hundred dollars; if over that sum, two per cent, for the first three hundred dollars aud one per cent, for the balance. Sec. 7. Trial Justices : Oath and war? rant in any criminal case, forty cents; each recognizance, forty cents; each commitment and release, twenty cents; administering and certifying oath in writing, other than above, thirty cents ; issuing writ of habeas corpus, to the two trial justices jointly, oue dollar and fifty cents ; issuing summons and copy for de? fendant in civil cases, thirty-five cents; issuing summons for witnesses in any civil case, twenty cents, taking examina? tion of witnesses in writing in any case, as prescribed by law, fifty cents; forgiv? ing judgment on hearing litigated case, twenty-five cents; for giving judgment in case not defended, twenty cents ; for issuing execution or renewal, twenty-five cents; teport of case and taking bond to appeal, sixty cents; issuing attachment returnable to court or to trial justice, in? cluding all notices, one dollar; filing re? turn of garnishee and order thereon, fifteen cents; proceeding on behalf of landlord or lessor against tenant or lessee, to the two trial justices, five dollars; pro? ceedings on certifying indenture of ap? prentice or assignment, one dollar; for the trial of any criminal case, inclusive of all costs, except for issuing papers, one dollar; for every preliminary examina? tion of any criminal case, fifty cents; proceedings on coroners' inquests as pre? scribed by law, eight dollars and fifty cents; proceeding on estray of horse or mule, fifty cents; proceedings on all other estrays, each fifteen cents; taking and certifying renunciation of dower or inheritance, two dollars; granting order for special bail, Sfty cents; for qualify? ing each appraiser in Betting olf home? stead, besides five cents per mile for all travel actually necessary, twenty-five cents; issuing summons for jurors in a criminal case, twenty-one cents. Sec. 8. Constables: Summoning wit? ness in a civil case, twenty cents; for summoning freeholders to try question before trial justices between landlord and tenant, to be paid by unsuccessful party, three dollars; for summoning coroner's jury and witness, to be paid by the coun? ty, two dollars; for serving a summons, rule or notice by a trial justice in a civil case, no mileage to be allowed, fifty cents ; for serving attachment on persons absconding or about to abscond, and making inventory and return, besides commissions of five per ceut. on sale of effects, but no mileage, one dollar; for Belling estray, five per cent, 'on the pro? ceeds ; for levying execution, advertising sale and paying over proceeds, besides commissions at five per cent, on amount to be collected, but no mileage, to be paid by the defendant in execution, twenty cents; for every day in search for stolen goods, to be paid by party com? plaining, one dollar; for serving warrant in any criminal case, besides five cents a mile for each mile necessarily traveled, one dollar; for conveying prisoners to county jail, five cents per mile going and returning: Provided, That the constable be reimbursed for necessary ferriage. Sec. 9. Jury commissioners, three dol? lars per day for every day's actual service performing his duties; such number of days not to exceed the number of days Lhe court for the county shall be in ses? sion, together with five days to complete the lists and draw the juries, and also five cents per mile for all necessary travel going and returning. Sec. 10. That Sections "?29, 330, 331, 332, 333, 334 and 335 of Title 10, Part 2, of the Code of Proceedure in reference to costs of plaintiffs and defendants, be and the same are hereby repealed. Sec. 11. That this Act shall not apply to costs or fees of constables or trial jus? tices in criminal cases in those counties where they are entitled by law to annual salaries. Approved February 20,1880. A Cat and a Rattlesnake.?About three weeks ago during the beautiful sunny weather we have had which in? duced the tress to bud and bloom, I was walking in my garden one morning, thinking about preparing for an early start for spring vegetables, when I saw a large rattlesnake sunning. My first impulse was to go to the house, get a gun, and kill it. But looking around, I saw a very large house cat cautiously creeping upon the reptile. Anticipating a fight, ana equally desirous of getting rid of the cat, which killed chickens, I concluded to witness his attack upon the snake. The cat crawled upon its stom? ach, pulling along on its feet, whisking its tail from side to side, and every now md then stretching its neck to view the snake. When about ten or twelve feet off the Bnake suddenly coiled up, sprung its rattle, faced the cat and darted its forked tongue out rapidly. The cat commenced a rapid circle around the snake, so fast, in fact, that the eye could hardly keep up with it. At last it got uear enough and made a dart at its ene? my, but through providential reasons it weut high above the snake, which also struck at the cat, thus breaking its coil. The cat went too far, and by the time it bad turned to face its foe, the reptile was again coiled and ready for the at? tack. The same method was adopted and carried on four or five times occupying at least half an hour. The cat wished to catch the snake, but seemed aware that if it missed the neck it would be certain death. As at the sixth assault they met, and instantly the snake was wrapped in several folds around the body of the cat, which used its sharp claws with deadly effect. The cat had been bitten on the head and neck several times, and both continued to fight. The snake was torn nearly to shreds, but did not unloose its coil around its victim. The position was swift and deadly, but before tbo cat died it caught the snake's head in its mouth and crushed it, and fighting they died, the. snake enwrapping the cat in its coils. The snake measur? ed four feet eight inches, and had thir? teen rattles. ? A young man named Elmer Sever? ance, at Princeton, Minnesota, bet ouo of his champions a quarter that he could place a dipper of cold water on the stove and hold his finger in the dipper until the water began to boil. The wager was accepted. Severance held his finger in the dipper quite a while, but was obliged to withdraw it before the water had reached a boiling pitch; hence he lost his bet. On examination it was found that the finger was completely cooked It pained Severance so that he was ob? liged to quit work and come to town for medical treatmeut. The probability is that the linger will have to be amputa? ted. Shrewdness and Ability.?Hop Bitters so freely advertised in all the pa Ccrs, secular and religious, are having a irg e sale, and are supplanting all other medicines. There is no denying the virtues of the Hop plant, and the proprie? tors of these Bitters have shown prent shrewdness and ability in compounding a Hitters, whose virtues arc so palpable to every one's observation.?Examiner and Ckrniiiete. FOB UNION AND PEACE. The Address Delivered by Mr. Thomas F. Iiav:u-<1 at the Dover l'cacc Convention in 18G1. Tlie following is the full text of the speech delivered by Mr. Bayard at the Delaware Peace Convention held at Dover on June 27,1SG1, and concerning the tenor of which some recent contro? versy has arisen: My Fellow Countrymen: By no narrow party name, in no narrow partisan spirit, do I address you, but as an assemblage of American freemen do I congratulate you upon your meeting this day. Important as are the issues we are here met to consider, one result is accomplished most gratifying to all fair minded men which we cannot pass by without notice. I mean the right of meeting unre? strained and of free unrestricted discus? sion by free men of their governmeut aud the policy and measures of those in? to whose hands it has temporarily been entrusted. It is well known to us all that a reigu of terror was sought to be inaugurated in this State, as it has been throughout the entire North, and for this purpose troops, not of our state, were en? camped upon our peaceful soil at the in? stance of those politicians among us whose insolence aud oppressions are lim? ited only by their fear and ability to do mischief. To-day we stand here in the spirit of,freedom, to vindicate our privi? lege and perform our duty as citizens despite the reiterated threats of profli? gate and lawless press of neigboring states upon tho North echoed by papers in this State equally shameless and corrupt. It is known to us all that personal intim? idation has been applied to each man present to deter him from coming here to-day?that many worthy but timid men have been affected by such miserable means is not to be denied?the best an? swer to these hounds of the mob who sought to preveut a lawful meeting call? ed in the sacred name of our country's peace is the assemblage now before me. Never in this State has it been exceed? ed in number and respectability. We have, it is true, no high judicial officer to leave the bench and tako part iu the exciting scenes of politics?we have no delegation of persons from the city of Philadelphia?but wo have the substan? tial citizens of Delaware with as great a stake in her fair name and prosperi? ty as any others within her borders. In times of danger and distress like the present, the country needs most the intel? ligent aid of her best citizens; and now, if ever, should they give her the best ef? forts as their heads and hearts, unde? terred by the wild passious and frenzied violence which has swept over the North? ern States like a whirlwind. The ques? tion for every good man now to ask is, "My country, what can I do to restore your peace and happiness?" The past and its lessons should not be lost upon us, but to inquire uow into tho origin of the cause or causes of our troubles would not be within the scope of these remarks nor useful at the present timo. The practical question before us forbids mere speculations?but stares us in the face, a hard, stern fact. Eleven states have withdrawu from the Federal Uniou with solemn and de? liberate action and have reunited in a new governmeut. They have made decla? ration of independence of the govern? ment under which we live, and expressed their determination to maintain it at every cost. With this secession, or rev? olution, or rebellion, or by whatever name it may be called, the State of Dela? ware has had nothing to do. To our constitutional duties toward each and every member of the Union we have been faithful in all times. Never, never, has a thought, a word, an act of our fathers ?in letter and in spirit it has been faith? fully kept by us. But the stern fact is still before us and but two alternatives present themselves. Shall wo make war upon, and subjugate this new confederacy, or shall we peace? fully treat with them and consent to their self-government?trusting to time, which is the great healer of all wrongs and pas? sions, to bring them again, voluntarily into a common government with us? Take the proposition of war?of horrid civil war,my countrymen! Grant to the Northern arms complete success?sup? pose that every Southern city is reduced to ghastly ruin, every peaceful Southern home desolated, and every Southern man slain or made captive. This is the ev? ident, complete realization of that dream of conquest so horribly satisfactory to those men who control the Northern press. But what then? Will a union of slaves and the possession of a desert satisfy you? You do not and cannot expect love nnd aid in time of your necessities from those States you have so cruelly subdued. It is too plain therefore that your success in such a war would be the most fatal injury to yourselves. And issuch a war neces? sary for the peace and happiness of the United States? For halt a century we have lived at peace with Great Britain, with her Canadian possessions upon our northern border. Upon the south, Mexi? co holds her governmeut, with no threats of trouble to us or our citizens. Why then may not two American confederacies exist side by side without conflict?each emulating the otherin the progress of civ? ilization ? The co-terminous kingdoms of Europo offer many examples of similar peace and prosperity. With such a sickening alternative as civil war, why should not the experiment, at least, be made ? It is this question we are to pass upou to-day. I believe with the late Senator Douglass who has already been quoted to-day, that "war is disunion, certain, final, inevitable," and, so believing, I oppose it. I believe solemnly, that the war in? augurated by Abraham Lincoln and his Cabinet is worse than fruitless?that it will prove more disastrous to the North than to the South aud will never accom Elish its professed objects. Already it as driven out of our Union four states, while others stand in doubt. When I take up the public papers and see the markets of the world disordered and de pressd by the mere apprehension of this war?when I turn to our own busiuess circles and see men of wealth reduced to povity, our merchants bankrupted, our mechanics and laboring men theatened with absolute starvation, I would fain hide my face in grief. But confronting this wide scene of human distress, I sadly seek to find relief from it. If war, or the mere prospect, has in three short months worked all this distress, what an increase of trouble arc we to anticipate should it proceed in all its details of oppressive tax? ation, destruction, demoralization aud sorrow ! Human governments were ordained for the happiness and protection of society. If peace will restore and secure these bless? ings to the people of the United States, even though a number ol their former associates have gone off under a now in? dependent organization, in the name of heaven let us raise our voice for it. Shall this earnest cry for peace be stifled at the bidding of a host of fanatical and cow? ardly editors, aided by an army of greedy army contractors and public leeches, stimulating an ignorant mob tu denounce t and attack us as traitorsand secessionists? I We know it shall not, and this day do wo proclaim our duty to our country, and our intention to perform it. The Cabinet of Abraham Lincoln has affected to treat all the seceded States as still members of the Union. If so, surely they are entitled to all those privileges which the Constitution give them, whilst they are also subject to its penalties. Yet, war in all its forms, by land and sea, with all its seventies, has becu levied against these States, and the forms and most positive limits of the Constitution, which is the supreme law of this land to the President and Cabinet as to the hum? blest private citizen, have been steadily and contemptuously disregarded in its prosecution. The act of war is a solemn act at any time; in a war against our brethren of the South it is surely ten- J fold so. By the express terms of the Constitution the right to declare war is delegated to Congross, the President has no such power; but he has, without even the forms of submission to Congrscs, in palpable violation of that charter of gov? ernment, which is his guide, as it is ours, summoned a gigantic army and that for an extent of time exceeding the term lim? ited by the Constitution for appropria? tion to support armed forces. The ques? tion of peace or war, I say, was never re? posed in any President or Cabinet. Con? gress alone possesses the power of declar? ing war and, in the present case, I protest that our people have never been allowed any opportunity to vote aud express their wishes on this momentous and ter? rible issue. Had it been given them last winter, I believe our beloved Union would this day have been firmly knit by the bonds of good-will and good faith which originally formed it aud can alone preserve it. But the infractions of the Constitution by those officials into whose hands the reigns of governmeut have passed, have not ended here?the inva? sions of personal liberty in our sister State of Maryland have been such as to justly alarm and almost dishearten those who believed our free institutions were not mere forms to be blotted out at the ca? price or tyranny of our temporary rulers. The seizure of telegraphic messages, the invasion of the privacy of the mails, the arrest and imprisonment, without judi? cial process, of citizens, have followed each other in startling succession.? These acts are simple usurpations, not only without color of law, but against express rights. You and I are citizens of Delaware; to her laws and govern? ment we owe allegiance; through our State we owe allegiance to the Federal government of which she is a member. But, as our State officials can command us to no duty unknown to Stale law, neither can any Federal officer claim any authority over us in matters not within his constitutional and legal con? trol. A palpable infraction of our written charter of governmeut by our rulers, justifies disobedience upon the part of the citizens, as much as lawful orders are entitled to lawful compliance. And fellow citizens, never in our nation's history were our citizens called upon more strictly to call their agents to ac? count than now. The so called "mili? tary necessaries" are beguiling and dangerous in the extreme. The conquest of the South will be a poor recompence to the North, if our system of govern? ment be the price we are to pay for it. Obedience and good faith toward the government which protects him is the primary duty of a good citizen ; but where that government is one of limi? ted powers, and those limitations crea? ted for tho preservation of individual liberty, against the oppressions of rul? ers or majorities let us take heed lest in seeking to place a yoke upon others, we awake to find one upon our own necks. Who can say with the present war measures of the administration aud the spectacle of Maryland before us, how longa trace of constitutional liber? ty will remain for the other States in the Union, and how soon a stern milita? ry despotism may usurp the place of the Constitution and laws? Let us, as free men, stand prepared in all lawful ways to arrest the inauguaration of such a de? graded condition of affairs, no matter how plausible and specious may be the plea in which it is urged. Let no man believe that he may even safely violate a great principle?tho poisoned chalice may some day be commended to his own lips. And if we to-day pass lightly over the outrage upon the rights of John Merryman, we may to morrow mourn in our own persons of similar wrongs to his. If he has transgressed the laws let them be fully vindicated. But it has been our boast that the humblest person, nay the meanest felon, has civil rights preceding his punishment which no ruler can justly deprive him of. Let us 6tand by the law. [The Committee on Resolutions here appeared upon tho stand.] A matter in conclusion I ask you to hear and cousider carefully. A gentleman from New Castle coun? ty who has been your United States Seuator for more than ten years past I have the honor to call ray father. If there be one thing he has tried fully and fairly to do, it has been to represent the people of this State. And you will do him the justice to say he never de? ceived you, nor ever will. Hfc worst foe will agree to that. The present issues which distract our country were not in existence when he was chosen as your representative; and of late as you are aware, having takeu decided ground upon them, he has been called upon by voices many and loud to resign his seat in the Senate. The mo? tives ol those who have been most prom? inent in such requests are of little mo? ment, although their disguise is in many cases but flimsy. To a Just man, howev? er, a sense of good faith and and self respect would prevent his remaining at any time in a false position. If, there? fore, he profess to represent the people it must be in fact not in name alone. The Legislature now in existence were not elected with reference to present is? sues, nor can they claim to represent public sentiment in regard to them. The proposition of Mr. Bayard then is, that the Legislature shall .resign their scats, and he will then resign his seat iu the Senate. The Governor, under the pro? visions of the constitution, can call a special electiou to fill the vacancies in the Legislature, at an extra session in the next month the public sense can be fairly taken, and the will of the ma? jority expressed. If it be then found that the people of Delaware are in favor of carrying on this war against the Confederate States they will elect such a legislature as will send a such a policy and sustain tho present Ad proper man to the Senate to carry out miuistration?if not, they may elect whom they see fit to lend his powers to restore peace to our land. Let, us, fcllowmen, follow peace as our bright north Rtar whoso radiance may be mild but never delusive nor uncertain, whilst in the calamities of war and iu that worst of war, a civil war, we shall only reach by sheer exhaustion the peace we cau now command in ten days by treaty. - The constantly increasing popularity of Dr. Bull's Baby Syrup is a guarantee of its usefulness and effectiveness for children suffering from Wind Colic, Di? arrhea or Dysentery. J'ri;:o 25 cents. STATE AND FEDERAL COURTS. Tlio Supremacy of the Latter Maintained. WA8IIIXGTOX, March 1. A decision was rendered in the Su? preme Court of the United States to-day in the case of ex parte the Commonwealth of Virginia, petitioner. This was a petition for a writ of man? damus to compel Judge Rives, of the United States District Court for the Western District of Virginia, to restore to the State authorities two colored pris? oners named Reynolds, indicted in the State courts for murder, and taken by Judge Rives out of the possession of the State officials, and held for trial in the Federal Court on the ground that they (the prisoners) had been denied in the State tribunals a trial by competeut ju? rors, wilhout distinction of race or color, or such as the law of the State guaran? teed to thorn. The removal of the case of the prison? ers to the Federal Court was based on Section 641 of the Revised Statutes.? This court held that the section iu ques? tion has reference to legislative and not to a judicial dcuial of rights secured by law, and that the Constitution and laws of Virginia do not exclude colored citi? zens from juries. The petition for re? moval did not, therefore, present a case for removal under Section 041 of the Revised Statutes. The defendants in this case demand that some part of the jury should be composed of their owu race. The denial of that motion was a denial of the rights secured them by any lav; providing for equal civil rights of citizens of the United States or by any statute or by the fourteenth amendment. A mixed jury in any particular case is not esscutiai to the equal protection of tho laws. It is a right to which any col? ored man is entitled that in the selection of jurors to pass upon his life, liberty or Eroperty there shall be no exclusions of is race because of color, but that is a different thing from what-was claimed as of right and denied in the State Court, viz: a right to.have a jury composed in part of colored men. From these prin? ciples it follows that the Federal Court had no rightful jurisdiction of the case, and that the writ of Mandamus for the restoration of the prisoners to tiie State authorities must be grautcd, and the court so orders. Justice Strong delivered the opinion. the law of west virginia, exclud? ing negroes from juries, pro? nounced unconstitctional. A decision was rendered in the Su? preme Court of the United States, this afternoon, in the case of Taylor Strander, plaintiff in error, vs. the State of West Virginia. The question involved was the "constitutionality of the Act of the West Virginia Legislature, excluding colored citizens from jury services in courts of that State. The court holds that when a colored citizen is tried for his life by a jury, from which citizens of his own race are, by a State statute, ex? pressly excluded, he is denied the equal protection of law guaranteed by the third clause of the fourteenth amendment to the Constitution, and that the State stat? ute denying him the right is repugnant to said constitutional provision. The judgment of the Supremo Court of Ap? peals of West Virginia is reversed. Jus? tice Strong delivered the opinion, Justices Field and Clifford dissenting. hie right of removal in certain cases from state to the federal courts maintained. The State of South Caroliua vs. James M. Davis. The question presented by this case is, whether an internal revenue officer who kills a citizen of a State in self-defence while in the .performance of his duties under the authority of the United States internal revenue laws is entitled lo have his case removed from the State Court in which ho has been indicted to tho Circuit Court of the United States. This Court holds that he is so entitled; that the United States is a government with authority extending over the whole Union; that it can only act through its officers and agents, and they must act within the States. If, when thus acting and within the scope of their authority, these officers can be arrested and tried in State Courts for an alleged offence against the laws of the State, yet one warranted by the Federal authority which they possess, and if the General Government is powerless to in? terfere at once for their protection; if their protection must be left to the action of the Stale Court, the operations of the General Government may at any time be arrested at the will of its members. No such element of weakness is in the opin? ion of this Court to be found in the Con? stitution. If a case, whether civil or criminal, be one to which the judicial power of the United States extends, its removal to a Federal Court is no inva? sion of State domain. On the coutrary, a denial of the right of the General Gov? ernment to remove, to take charge of and try any case arising under the Constitu? tion and laws of the United States, is a denial of the conceded sovereignty of that Government over a subject expressly committed to it. It is a denial of the doctrine necessary for the preservation of the acknowledged powers of the Govern? ment. The Court concludes, therefore, that the present case is properly remova? ble to the Federal Court, and that the trial of the guilt or innocence of the prisoner may therefore be had. Justice Strong delivered the opinion, Justices Field and Clifford dissenting. the united states courts have the right to arrest and try a state judge for omitting to perform a duty imposed by a state law. Washington, March 2. The famous case ex parte tho Com? monwealth of Virginia and J. D. Coles, petitioners, has been decided adversely to the petitioners. This was a petition for a writ of habeas corpus to bring be? fore this court the case of Judge Coles, of Virginia, indicted in the Federal Court for the western district of that State for violation of the Act of March 4, LS79, in excluding colored citizens from jury lists on account of race and color. This case grows out of the following facts: Judge Rives, the United States District Judge for the Western District of Virginia, directed his grand jury, some time since, to find indictments against all judges of the State of Virginia within their district wherever it should appear that such judges had never at any time placed negroes upon the lists of jurors made out by them. Iu the ab? sence of evid :nce as to tho motive of the judge thus failing to place negroes ou the lists, he thought it proper to assume iu such case that there had been a purpose to discriminate on account of race and color. Pursuant to this charge of Judge Hives indictments were found in the Federal Court against certain State judg? es of Virginia, anil various judges, in? cluding Judge Coles, have been arrested aud held for trial. Judge Coles, not ad? mitting that the United States Court has any jurisdiction of the matter charged in the indictment, or that he is amenable to Judge Rives for the proper performance of his judicial functions, by advice of counsel refused to give bail. This case, by common consent, was made a test case. This Court holds that the act under which Judgo Coles was indicted is fully authorized by the thirteenth and four? teenth amendments to the Constitution, and that it was Judge Coles' duty to obey that act, and if he failed to do so he was properly liable to indictment in the Fed? eral Court. The petition for a writ of habeas corpus is therefore denied. Jus? tice Strong delivered the opinion. Justice Field, iu a disseuting opinion, which was concurred in by Justice Clif? ford, holds that the act under which the petitioner was indicted, so far as it relates to jurors in the State Courts, is unconsti? tutional and void, and, even if it were not, the indictment describes no ofTence under it, but is void on its face. He holds that nothing can be found in the Constitution or its amendments which authorizes any interference by Congress with the States in the administration of their government and the enforcement of their laws with respect to any matter over which jurisdiction was not surrendered to the United States. Nothing, in his judgment, could have a greater tendency to destroy the independence and autono? my of the States and reduce them to a humiliating and degrading dependence upon the central government, engender constant irritation and destroy that do? mestic tranquility which it was one of the objects of the Constitution to insure, thau the doctrine asserted in this case that Congress can exercise coercive au? thority over tho judicial officers of the States in the discharge of their duties under State laws. It will be only another step in the samo direction toward consol? idation, when it assumes to exercise sim? ilar coercive authority over the governors and legislators of states. After reviewing the history of the thirteenth and fourteenth amendments, and declaring that they afford no warrant for the Act of Congress under which Coles was indicted, Justice Fields says that those who regard the independence of the States iu all their reserved powers as essential to the successful maintenance of our form of government, cannot fail to view with the gravest apprehension for the future any indictment in a court of the United States of a judicial officer of a State for the manner in which he has discharged his duties under her laws, and of which she makes no complaint. The proceeding is a gross offeuce to tho State. It is an aUack upon her sovereignty in a matter over which she has never surrendered her jurisdiction. The doctrine which sustains it, carried to its logical results, would degrade and sink her to the level of a mere municipal corporation. For if Congrp-.o can punish an officer of a State frv the manner in which he discharges his duties under her laws, it can fix the nature and extent of the punishment. It may imprison for life or punish by removal from office. To these results Justice Field thinks that the doctrine held by the majority of the Court necessarily lead. Charter of the Anderson and Easley Railroad Company. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: Section 1. That Stephen .McCully, J. X. Brown, J. S. Murray, Sr.. P. A. VVil bite. W.W H rophreys, N. K. Sullivan, G. F. Tolly, James H. McCunnull, W.B. Watson, E. B. Murray, B. F. Whitner, T. W. Martin, J. N. Vandiver, W. A. McFall, J. T. McFall, M. B. Williams, W. A. Neal, D. H. Russell, W. S. Pick ens, J. W. Rosamond, J. S. Latham, T. H. Russell, J. R. Gossett, R. E. Bowen, W. T. Bowen, D. F. Bradley, R. A. Child, A. T. Broyles, P. K. McCully, and such other persons and corporations as may be associated with them, and their successors and assigns be, and they are hereby, declared and created a body politic and corporate by the name and style of the "Auderson and Easley Rail? road Company," and by name may sue and be sued, plead and be impleaded, answer aud be answered unto, in any court of law or equity in this State or in the United States; may make by-laws and appoint all necessary officers and prescribe their duties, and may accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do all other lawful acts prop? erly incident to and connected with said corporation and necessary for the control aud trausaction of its business: Pro? vided, That their by-laws be not repug? nant to the Constitution and laws of this State or of the United States. Sec. 2. That the said company be, and hereby is, authorized and empowered to construct, maintain and operate a rail? road extending from the town of Ander? son, S. C, to Easley, iu the County of Pickens, S. C, and from thence across the mountains to such point in North Carolina as may be fixed by said com? pany : Provided, The State line shall be crossed at a point in Pickens County; and the said railroad company are here? by authorized and empowered to connect with any railroad now built or herealter to be built at Anderson and at Easley, aud may combine or consolidate with any railroad now built or hereafter to be built at Easley upon such terms and condi? tions as may be agreed upon. Sec. 3. That for the purpose of carry? ing out the intentions of this act the said "Anderson and Easley Railroad Company" is invested with all and sin? gular the rights, powers and privileges granted in the Act entitled "An Act to charter the Savannah Valley Railroad Company," approved March 12, 1878, and the Acts amendatory thereof, passed before the date hereof, except that the samo shall only apply to the territory embraced in the towns of Anderson, Eas? ley and Pickens, and the townships of Broadaway, Garvin and Brushy Creek, in Anderson County, and Easley, in Pick? ens County, for the purpose of making corporate subscriptions, which said town? ships are hereby declared and created bodies politic and corporate under the said names respectively, and are vested with all of the powers and rights given to the townships named in the said Act to charter the Savannah Valley Railroad Company and the said Acts amendatory thereof; and the County Commissioners of Anderson and Pickens counties are hereby constituted and declared to be the corporate agents of all townships so iucorporated situate within tho limits of their respective counties. Sec. 4. The said company may organ izo and begin the construction of said railroad as soon as the sum of twenty thousand dollars shall be subscribed to the capital stock. Sec. 5. This Act shall be deemed a public Act, and take effect on and after its passage: Provided, Its provisions shall cease and determine unless the con? struction of said railroad is begun on or before the 1st day of January, A. 1). 1883._ For a severe and aggravated cough ac? companied by a sore chest. I have used Dr. Bull's Cough Syrup with the most satisfactory results," obtaining as I did speedy relief. John Glover, Ports I muulli, Va. I AN APPEAL TO JUDGE LYNCH. 1 Speedy Justice Meted to the George's Vil? lain. Special DUpttch In the Xciet and Conner. BRAKCBYILX.E, March 1. As you have been already advised, an : outrageous assault was perpetrated upon ? Mrs. Byrd, six miles from George's, on ! Saturday morning, by a one-armed negro, j From the description he was believed to j be the same man who committed a bru ' tal assault and rubbery on an old lady j also named Byrd, a mile and a half from this place, on the 4th of February, and who has been prowling about this sec I lion, keeping the women, both white and I colored, in constant terror. His evil reputation extended through this section of country for twenty miles in Colleton and ?rangeburfr, and the/fear of him was widespread. He pursued two colored women only last week. On Saturday a regular hunt was organ ganized?the entire male population par? ticipating. Every road was picketed and the roads thoroughly searched. At 4o'clock yesterday (Sunday) morning he was captured in the road, three miles from the scene of the previous day's out? rage and taken to Byrd's house, where he was identified by Mrs. Byrd, and con? fessed. Some seventy-men were present, and a vote was taken as to the disposi? tion of the prisoner. The colored men were iu the majority, and they voted solidly, with two ex? ceptions, to let the law take its course. In obedience to this decision the man, who gave the name of Louis Kinder, having been variously known as Moses, Fulton, Gaillard and Skinner was taken to George's and turned over to Trial Jus? tice Reid, who placed him in the town guardhouse, under a strong guard. An unsuccessful effort was made during the night to take him out, the attacking par? ty being repulsed. The prisoner was sent to Walterboro' this doming in charge of two special constables, with a commitment issued on the affidavit of Mrs. Byrd. When a mile and a half from George's, ho was met by a party of seven or eight men who forcibly took Kinder from the offi? cers and rode off towards Walterboro'. This party was said to consist lagely of the relatives of the Byrds. The consta? bles returned to George's and reported, and a posse was sent in pursuit. From a hint received there I took the Branch ville road, and after fourteen miles hard riding overtook the party three miles from here. They had the negro chained by the neck, walking behind a buggy, which was driven slowly, and they al? lowed him to ride occasionally. The party was composed of five men iu two buggies and two or three on horseback. The prisoner was taken to a secluded spot in the woods and kept until night, a nutrVber of men comiug here and idling about. Kinder had stated that the as? sault and robberry on Mrs. Byrd a month ago was done by his partner, Isaac Jen? kins, living near Williston, and the par? ty sent after him. About 9 o'clock to-night Kinder was brought in quietly aud confronted with Mrs. Byrd, who recognized him as her assailaut. He still denied this crime, however. It had been intended to bring Jenkins from Williston and confront him with Kinder, but a telegram was received here stating that the search for him was unsuccessful. Kinder was then ta? ken by a dark and circuitous route through the woods to a lonely 6pot a mile and a quarter from here, near an old cemetery, and on the very spot where a man was hung some fifty years ago. A crowd of some seventy-five or one hundred gradually gathered in the dark? ness, guided to the scene by the camp fires. A stout rope with a noose was thrown over a convenient limb and a buggy drawn under, on the seat of which Kin? der stood bound, his one arm being strap? ped to his side. He was given ten min? utes, dnring which he prayed fast and fervently in a muttering tone. His an? swers to interrogations were respectful, but made in a firm voice, although he trembled violently. From his confession it appears that he was a native of Green? ville, but had been living about Kings tree for a number of years, and for some months had been continually prowling about the country at night, sleeping iu the woods by day and existing solely by theft, disposing of the proceeds of his robberies at various places. He acknowledges the commission of an outrage on a colored woman in New berry six years ago, the killing of a col? ored girl near Kingston last April, al? though he insisted that this was acci? dental ; four burglaries and innumera? ble thefts and robberies. At the last moment he acknowledged that he as? saulted the elder Mra. Byrd, having de? nied it previously, but claimed that Jenkins participated in that crime. He said he thought that he deserved death, and hoped that he had made his peace with God. At a signal four men seized the shafts of the buggy and drew it from under him, giving a drop of two or three feet, which seemed to break his neck instantly. He hardly struggled at all. As well as could be seen in the darkness he was swung at half-past 10, and after he had been hanging twenty minutes the crowd dispersed, leaving the body suspended, after firing a volley into it from their pistols. Kinder alias Fulton, alias Skinner, alias Gaillard, was a man apparently not more than twenty-seven years old, five* feet nine inches in height, slenderly built, poorly dressed, being ragged and barefooted, and with a rather bad ex? pression of countenance. He seemed to be a man of some education, speaking correctly and being able to read and write. Several colored men were present at the hanging rnd assisted. The color? ed citizens abou here, so far as I have seen, unanimously endorse the action of the Vigilants. There was little or no excitement even on the ground. One or two derisive remarks from the crowd and some firing off pistols and cheering while returning to town were the only symptoms of dis? order. Kinder auributed his capture to the loss of a black cat, which, he stated, he had purchased from Gypsies, and would have insured him against being caught or losing at gambling. On his body was found a charm consisting of bones and roots sewed up in buck skin. He was armed with an immense revolver when takeu._ A. B. W. ? An Illinois schoolmistress was un? able to chastise the biegest girl pupil, "and called in ayoung school trustee to as? sist her. The trustee found that the of? fender was his own sweetheart, but his senseof duty triumphed over hislove, and he whipped the girl. Not only did this result in losing him a sweetheart but her father sued him for damages, and got a verdict for ?50, Assist the child iu time Do not wait until an army of worms have been re? cruited and the health of the child des? troyed. A few doses of Shriner's Indian Vermifuge, the infallablc remedy, never fails to do the work well, if used accord? ing to the directions.