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VOLUME VI.--NUMBER 759.] CHARLESTON, S. C., FRIDAY MORNING, JANUARY 24, 1868. [EIGHTEEN CENTg A WEEK BY TELEGRAPH. Oar European Dispatches. [BY ATLANTIC TELEGBAPH.] UNEASINESS DI FRANCE-NEWS FBOM JAPAN-DB. LIVINGSTONE SAFE-PBOSECUTION OF TBISH EDITOBS-MABKETS. LONDON, January 20.-Paris correspondents of the London press say a feeling of uneasiness is perceptible in political and financial circles, thongb no one believes that war is threatened from any quarter; still the great activity in the arsenals and dockyards of France and the pres? sure brought to bear on the Corps Legialatiff for the passage of the army bill, are circum? stances which contribute to unsettle a feeling of security and to impair confidence in the sta? bility of the present peace. Later advices from Japan announce that the new ruler of that country will Lointain and en? force the commercial treaties made by his pre? decessors with foreign powers. Later advices from Africa in regard to Dr. Livingstone, it is thought, confirm all previous reports of bis safety. DUBLIN, January 20.-The government com? mences prosecution against the proprietors of the Dublin Nation fur publishing seditious and inflammatory articles. PABIS, January 20.-The Patrie comments on certain mischievous articles on France and Prussia in Russian papers, and declares it is the evident desire of these journals to create discord and bring about a rupture of the rela? tions existing between Prussia and France. The Epoque says the Emperor is preparing and will soon issue a manifesto assuring Europe that it is the desire and policy of his govern? ment to maintain peace. LONDON, January 23-Afternoon.-Consols 921. Bonds 72. LIVERPOOL, January 23-Noon.-Cotton act? ive; advanced l-16d. Sales 15.000 bales; Up? lands 7|a7id.; Orleans 8d. Pork 75s. Tallow42?. 9d. Turpentine 26s. 9d. Others unchanged. PABIS, January 23.-Bourse heavy. Rentes lower. ?- Oar Washington Dispatches. IMPORTANT PROCEEDINGS TN CONGRESS-FATE OF THE COTTON TAX-OUTRAGEOUS MT. A BOBE PBO POSED WITH REGARD TO THU SUPREME 00?BT. WASHINGTON, January 23.-far. HOUSE.-The bill relative to additional bounties was passed; also, a bill selling the arsenal grounds at St. Lou's and Liberty, Missouri. Among the pro? visions in this latter bill is one authorizing the Secretary of War to establish an arsenal at Jef? ferson Barracks, Missouri, for the storage and repair of arms, at a cost not to exceed two hun? dred thousand dollars. The death of Mr. Hamilton, of Ohio, late member, was announced, when the House adjourned. SENATE.-The Reconstruction bill wa3 read the second time. Mr. Doolittle spoke in oppo? sition, when tb 3 morning hour expired. Mr. Doolittle was allowed to proceed by a vote of SOto 17. The Cotton Tax Conference Committee re? ported in favor of agreeing to the House bill, with an amendment exempting cotton from import duties after April first, in which the Senate concurred. Mr. Doolittle resumed his speech on the Re? construction bilL In tho course of his remarks he said: "When Latium, a Roman province, revolted, and (he revolt was suppressed, the . question arose, what shall be done with Latium and file-people of Latium? There were some who cried "disfranchise,'' others said "confis? cate their property"-there were none who said; "subject them in vassalage to thou? gla vets." But old Cam illus, in that speech which revealed his greatness and made his name immortal, said: "Senators, make them your fellow-citizens, and thus add to the power and glory of Rome." Mr. Doolittle added: "In this high place, in this Senate of the great Re? public of the world, the outgrowth of the civil? ization of all ages, cannot we Senators rise to the height of that great argument ?" Mr. Trumbull followed, and the Senate af? terwards adjourned, in respect to Mr. Hamil? ton, late member from Ohio. The Reconstruction Committee, this morn? ing, agreed to report the following bill: Be il enacted, ?c., That the appellate juris? diction of the Supreme Court of the united States shall not extend to any act done, or which shall be done, or to any proceeding bad, or which shall be had, under and by virtue of the act entitled "an act to provide for the more efficient government of the rebel States," ap? proved March 2, 1867, or of the several acts supplementary thereto, and all such cases now pending in said court, either by appeal or otherwise, from any proceeding had in the premises in any District or Circuit Court of the United States, shall be dismissed by said Supreme Court, and no record of any proceed? ings had, or which might be had, under either of the district commanders, under either of the acts, shall be removod to or received in any other tribunal, either upon habeas corpus, quo warranta, or in any other manner what? ever. The vote on the bill was, it is understood yean-Stevens, Bingham, Paine, Boutwell and Beaman, Republicans ; nays-Hurlburt, Re? publican, and Brooks and Beck, Democrats. The President, in his message to the Senate, declares that the bill striking white from the district ordinances failed by reason of the ad? journment of Congress. The Hon. Leslie Coombs has been nominat? ed as United States Marshal of Kentucky, vice Mertweatber, whose term is about to expire. The receipts from customs for the week end? ing on the 18th inst, were two million dollars. The Pennsylvania Legislature have passed strong resolutions regarding the imprisonment of American citizens in Great Britain. The State Department has official notice of the execution of a treaty between the United States and the Republic of Columbia for the construction of a ship ?anal across the Isthmus of Darien. The President has nominated John M. John? son as Marshal for Virginia, and H. J. Lohse as Collector of the Customs at Georgetown, South Carolina. Gentlemen, members of the National Demo? cratic Committee from their respective States have notified the committee that they will be present at its next meeting: John Millson, of Virginia; Wm. Aiken, of South Carolina; Wm. L. Sharkey, of Mississippi; Geo. S. Houston, of Alabama; A. H. Chappell, of Georgia; Judge Marvin, of Florida; A. B. Greenwood, of Ar? kansas; Colonel E. Cooper, of Tennessee, and John Hancock, of Texas. The Reconstruction Conventions. VIRGINIA. RICHMOND, January 23.-In the convention to-day resolutions were introduced and refer? red, for a law compelling children to attend school, and prohibiting special privileges being given to any company being engaged in bring? ing emigrants to Virginia. Dr. Sears, agent of the Peabody fond, addressed the convention on the subject of education. The discussion of the bill af tights occupied the remainder of the day. GEOBGIA. ATLANTA, January 23.-The convention spent its entire session to-day in the discussion of the section defining treason, without coining to a rote. FLORIDA. TALLAHASSEE, January 23.-The convention to-day did absolutely nothing, except to dis cuss points of order. MISSISSIPPI. JACKSON, January 23.-General Gillern has snubbed the convention by telling them ver? bally that he would sustain no legi si a tien of theirs except the framing of a coustitutioL and civil government for the State. The tax ordi? nance was taken up and adopted. LOUISIANA. NEW ORLEANS, January 23.-The convention has adopted au article of the constitution pro? viding that every citizen of the United States who bas been a lesident of the State for one year, and of the parish for sixty days, shnll be deemed an elector, unless disfranchise 1 by this convention. Affairs in Georgia. ATLANTA, January 23.- General Buger, the army officer detailed as Governor of Georgia, has rescinded Governor Jenkins' order sus? pending the collection of taxes in this ?-tate. Tax collectors are ordered at once to collect and forward to the State treasury all thc un? paid taxes of last year. MILLEDOEVLLLE, January 23.-The military have forced the State Road to advance ten thousand dollars, and have sent the money to Atlanta to pay the convention. Market Reports. NEW YORE, January 23-Noon.-Flour and Wheat quiet. Corn slightly favors beyers. Bye dull. Oats firm. Pork lower at $11 44. Lard steady. Cotton firm at 174c Freights quiet. Turpentine easier at 53a53?c. Rosin quiet. Gold 39$. Sterling 9ja9j. '62 Cou? pons 110*,. BALTIMORE, January 23.-Cotton firm at 16 jo. Flour and wheat quiet. Corn very dull at $114 al 17. Oats 75c. Bye dull at $1 60al 55. Pro? visions steady and unchanged. Lard 13jf.lS|c. AUGUSTA, January 23.-Cotton advanced ic. Sales 1070 bales. Receipts 730 bales. Mid? dling 15|c. SAVANNAH, January 23.-Cotton closed firm and active. Sales 2000 bales; Middling 16?a 16jc. Receipts 3170 bales. Receipts ol the week 18,816 bales. Exports 19,773 bales, of which 15,199 went to Liverpool and 4384 coast? wise. Stock 51,475 of Uplands, 2372 ol' Sea Islands. MOBILE, January 23.-Cotton firmer. Sales 3500 bales. Middling I5jc. Receipts 3200 bales. Exports 2623 bales. NEW ORLEANS, January 23.-Cotton, demand firm; prices firm; Middling 17al7?c; Salen 5600 bales; receipts 5808 bales; exports 5216 bales. Sugar active; Common 9}al0c.; Fair 12al2Je; Choice 13|al4c. Molasses dull, Common 60a 65c.; Prime to Choice 75aSoc. Sterling 49a52. York Sight Exchange ? discount. Gold 38J a39. WILMINGTON, January 23.-Spirits Txxpen tine advanced one cent-steady at 49c. Rosin, better feeling. Strained and No. 2, $190. Tar $195. Cotton active at an advance of f?c Mid? dling 15*. Marine New?. NEW YORE, January 23_The steamship Port au Prince, from Charleston, has arrived. THE CONTENTION, CONVENTION HELD BY AUTHORITY O? THE RECONSTRUCTION LAWS OP CONGRESS, TO FRAME A STATE CONSTITUTION FOR SOUTH CAROLINA. The Convention begins to be an old story. The polish of novelty has worn off, and the repetition of ideas makes the general range of resolutions and arguments " stale, fiat and un? profitable." We have, therefore, thought fit to condense our reports so as to compren md all the work done, ignore all the merely elomtion ary outbursts, and at the same time give our readers a full knowledge of everything of im? portance said or accomplished. A crisis has evidently arrived in the policy of the convention. Heretofore, its tone bsa been comparatively conciliatory and mc derate. Hereafter the negroes are bkely to form a com? pact, solid body of voters in one direction. The real animus of their action-theil' hate for the landholder, was yesteiday developed to the full, and no man not a member of the conven? tion could observe the display of feeling, ill conceived as it was, without seeing trouble in the not distant future. Some supposed that the body would be mod? erate; that South Carolina would be able to boast a more intelligent and better disposed array of delegates than any other " rebellious " State; but the bubble has burst. Negro shrewdness is likely to triumph in the inven? tion, and the whirlwind Bet in motion by the white leaders is fast progressing bey o id their control. The excitement yesterday alter the convention adjourned was very great, and we seriously doubt whether there is strength enough among the white delegates to hold it in cheok, unless this desirable object can be compassed by such clever colored member s as Whipper, Wright, Langley, Wilder, an i others of that class. PROCEEDINGS OYTHE CONVENTION. EIGHTH OAT. The Convention assembled at 12 o'clock. Prayer by Rev. R. H. Cain (colored). Ihe roll was* called and journal read. THE POWERS OF TEE CONVENTION. J. J. Wright (colored), from the Committee on the Judiciary, to whom was referred a reso? lution of inquiry as to the legislative powers of the convention, report that the committee are of the opinion that the convention has the power to legislate as far as they may consider it proper for the good of the people. On motion of F. J. Moses, Jr., (white), the report was made the special order for one o'clock to-morrow. ABOLITION OF DISTBICT COUBTS. From the same committee J. J. Wright re? ported that the ordinance providing for the abolition of the District Courts was., in their opinion, unnecessary, since the subje ct would be embraced in the report of the committee with reference to the judiciary of the State. The report was adopted. AFTER THE BANES. C. M. Olsen (white), a Dane by birth, and one of the most respected and intelligent members of the convention, offered the follow? ing resolution, which was referred to she Com? mittee on Finance : Resolved, That all banks and savings insti? tutions in this State which suspended payment during the rebellion shall, immediately after the ratification of the State Constitution go into liquidation. THE PB INTER. R. C. DeLarge (colored), from the Special Committee on Printing, reported two proposi? tions-one from H. J. Moore and the other from McMillan & Jowitt, both of this city. It was evident from the discussion which followed the introduction of the report that no person in the convention was sufficiently fa? miliar with the subject of printing to vote in? telligently thereon, and after some amusing references to the technicalities of tbe art diz bohque the report was sent back to the com? mittee. PUBLIC SCHOOLS. B. F. Whittemore (white), offered a resolu? tion that no township or school district shall receive any portion of the public Behool fund unk aa a free school has been kepi therein three months; the legislature to have power to re? quire every child in the State between the ages of five and eighteen to go to school for a term equivalent to sixteen mouths, unless educated by other means. Referred to the Committee on Education. BEP?DIATI0N. R. 0. Holmes ( white), of Beaufort, intro? duced a resolution, which was referred to the Committee on the Legislative part of the Con? stitution, that no debt contracted by South Carolina during the war shall be paid by any act of the legislature of this State. NO DISTINCTIONS. B. F. Randolph offered a resolution, which was voted down, that the constitution shall hereafter make no distinction on account of color in such laws as it may adopt with refer? ence to the public schools. J. J. Wright moved that tho resolution bo indefinitely postponed, and it was agreed to. SHERIFFS, MAGISTRATES, ?C. J. M. Bunion, of Greenville, who appears, from the character of the resolutions he offers, to be fishing for political popularity more than the leal welfare of any .particular class, moved that sheriffs, magistrates, ?fcc, be elected hy vote of the people tor four years, and that for four years thereafter they shall bo ineligible to office. Referred to committee. piraras DISTRICT. The hour for the consideration of the special ord?r having arrived, Dr. Johnson took the floor and warmly advocated the division of Pickens District. He described the people, the country, its extent, its wants. He said it WL3 a benighted place, and wouldn't improve until it waa "cut in two;" that a man might travel there by night or day, and when he got fifteen miles beyond the courthouse he couldn't find a decent meal of victuals or a drink of whiakey. It was essentially in need of recon? struction in a practical sense, and the people generali}' agreed with him that, to bring it out of the slough of Despond, some action like that proposed was needful on the part of the con? vention. A lively discussion ensued. The spirit aga inst the proposed action of the convention waa strong, but Edgefield and Barnwell, both of which had made similar propositions to di vidB territory, both rallied their forces and made a good fight. The Barnwelliaus were en? vidad among themselves, howover, and Leslie, one of the white delegates, made a humorous speech, in which he said that he represented only ive white men in the district, and not one of theso, to his knowledge, was in favor of any change. As for the colored people, he did not know a solitary individual who had even dr eamed that it was essential to their salvation or the maintenance of their race to divide the district, and he should therefore oppose the motion on general principles. J. J. Wright (colored), thought it was a now wrinkle in national jurisprudence that a legis? lature could change or annul the constitution of a State; it waa as impracticable as for Con? gress to declare null and void the decisions of the Supreme Court of tho United States. Afta? much rambling discussion, the further consideration of the question was postponed until Monday next, at 1 o'clock. A STAY-LAW. The next special order of the day was the re? solution requesting General Can by to suspend all Bales of property for debts contracted prior to Juno 1865. The object of the opposition was to kill it by amendment. Two or three were offered, when DeLarge (colored), called for the previous question. Subsequently this was reconsider? ed, and T. J. Robertson, Esq., read a speech which he had prepared on the subject. He claimed that those who had brought about the impoverished condition of the coun? try were not the poor men or the loyal men, but those who pretend to represent its wisdom, intelligence and wealth. It was this class who were clamoring for stay-laws and homestead laws. Some of them assort that they cannot live in tbis country that a war of races is inevitable They are the principal debtors of the State, and do not want to pay their debts, and they never will so long as they have, unconstitutional atay-lawa to protect them. For one ho would say, let the property of the country change hands, and if lands sell cheap, so much better for the poor man of the State, because it wal enable him to pr?vido himself with a home, and thus identify himself with; the soil. [Mr. Robertson did not say, in this connec? tion, that with one hundred of his four hun? dred thousand dollars he expected, on the first of February next, to absorb the property of probably seventy-five poor farmers aud turn them adrift in the world to seek homes else? where.] The men, said the speaker, who are asking for relief, aro those who do uot recognize the validity of the Reconstruction acts of Con? gress, and who refused to voto for delegates to this convention. Some of them called the convention a menagerie, but it is the menage? rie whioh is to protect their property at the oxpense of the loyal citizens and working mon of the country. The speaker continued in this vein, BO well calculated to appeal to the passions of the colored element, and when Mr. Robertson took his seat, he was followed by R. H. Cain, of Charleston, a colored preacher, who said that the only reason why this peculiar question was before the house was because it affected the poor mau as much if not more than it did the rich. He was in favor of measures of relief, but did not behove that any act of the conven? tion could effect relief in such a manner as would be eithor just or constitutional. Even if it possessed the power, the men to be most Beatly benefitted by the passage of tho r?so? lvons belonged to that class who, since tho. war, have done all they could to antagonize tho true progress of the country. If theso people i had made contracts they bad done so with, their eyes open. If they now suffered it was only in consequence of their own sins, and for one he was not willing to afford thom any relief whatever. They not only should sell their lands, but he would make thom sell their lands/ and give the poor man a chance. i Tho remarks of Cain wore thoroughly revoA lutionary in their character, adroitly made) and well calculated to arouse, as ho intended* they should, tho passions of tho colored delo-i gates. The spoech will probably have the ef-f feet of dividing the two racos on the floor,! breaking up all combinerions of moderate men J and dragging such as Whittemore, Bowen! Whipper, Wright, Langley, and others into the ranks of the negro extremists. We said at the beginning of our reports that the negroes hod the advantage of intellect on the floor, and a fow more such exhibitions as those of Cain will draw tho white meu body and soul into the range of colored control. Mo colorod mau will dare to risk his reputation by answering Cain, or put himself beyond tho pale of his party by antagonizing what are now evidently the prejudices of the conven? tion. / The hour of adjournment arrived in the Imidat of the debate, and the convention ac? cordingly "rested from its labors." UNITED STATES DISTBICT COUBT-HON. GEO. S. BB?AN PBESIDINO.-This court was occu? pied during the day with the following cases : In re Julius Spring, in bankruptcy. In re R. L. David, in bankruptcy. In re Walter Pannell, in bankruptcy. The judge approved of tho appointment of Louis McLain as assignee in the above cases. Petitions of voluntary bankruptcy were read in the cases of David C. Gist, Daniel C. Wil? liams, Gabriel Schwaz and John R. Searlos, and, on motion of their respective counsels, were referred to J. Clawson, by order of the judge. The petition of Christopher Gaillard, for voluntary bankruptcy, was referred to R. B. Carpenter. Ex parle Hutsou Lee, creditor va. John C. Meister. Creditor's petition for adjudication of insolvent bankruptcy. Order signed that debtor show cause on 25th instant why prayer of the petitioner be not heard. R. L. David, in bankruptcy, had permission to amend schedule in accordance with order of R. B. Carpenter. Joseph Selvy, in bankruptcy, also had per? mission to amend his schedule. In re Isaac Klien, in bankruptcy. A. W. Lyons, claimant of stock. Ordered that it be referred to R. B. Carpenter, to take testimony, and on or after the 27th instant report to the court whether such stock be the property of the said Ellen or the e Jd Lyons. Adjourned. THE PRESIDENT ON THE CRIS MB. JOHNSON'S OPINION OF THE BEAL DI OP THE RADICALS-HIS PO WEBS, DUTIES INTENTIONS-THE EFFECT OF THE "DAI POLICY TOWARD THE SOUTH" -CONOBESl THE SUPREME COURT-THE RADICAL R] WORSE THAN THE SOUTHERN BEBELS, ETC., ETC. [Special Dispatch to ibe Kew York World. WASHINGTON, Januars- 19.-The ?ollowi a synopsis of a desultory conversation hi the writer with President Johnson last Bing. As no man's utterances are so im tant or so eagerly sought for at this mon ous timo as those of LDC Chief Executive, convinced that the dignified tone of thesi official remarks will be hailed with eatisfat by every true friend of the republic ant constitutional government. 1 began by remarking the anxiety of the pie to comprehend th? present crisis, position of Congress wis never suffered 4 in doubt. Every night there was sent by graph from Washington, to all sections of country where a newspaper is printed, i port of the day's debates in both House which the purposes of the Radical maje were distinctly expressed. But the positic t'as President in respect to the pending i sures which threatened to deprive htm of n ly all authority in the government could be inferred. "It would seem," said Mr. Johnson, very liberately, "as if th ero could be no doubt a that position." He paused a moment and went on : "Let us first briefly consider what has b and is the situation. Men, before now, 1 suffered much who were intrusted with or i took upon themselves the duty of defendin principle. Such a duty became very paL when, aa in this instance, a President of United States, who waa compelled by his c to administer the government in strict acct ance with the constitution, found himself i golarly opposed in so doing by another bra of the government claiming to represent a i jori ty of citizens. Fora long time it roqui firmness to act up to the conviction that demands of the constitution were far more porative that the partisan will of Congress i tho transient desire of the deceived peoph the North. It was like breaking thick ice break through the crust of prejudice that trrvened betwixt the perceptions of the mu tnde and the President's real motive. ? even in the worst period, faith was had in i ultimate good sense bf citizons everywbe and as it happened that, as the resistance the Executive to the unconstitutional me urea of Congress became firmer, the tests t plied to it by Congress became more aggr sive, the people did at last begin to be alara by the rapid rate at whioh cherished insti tions were being subverted. A modi dcatioi perhaps I might say a decided chance--of pi lie sentiment in the North has been the con; quonce. Ono who held fast to a princi] when a majority was arrayed against him, not likely to loosen his hold upon it when much of the pressure has been re.uoved." "Yet," I observed, "the Radicals in Cc gross appear to take precious little wami from the Northern reaction. One would tbit from what they are now doing, that their prc sure was increasing." The President smiled grimly. "The Ba< cala in Congress are desperate. They ha made of that body a political m on s tros it While they still seek to hide their detormiti with tbo cloak of patriotism, or strive to di tract public attention from them by specio manouvres, they are becoming more and mo convinced that the people eoe through it a Having gone farther than they intended, i far that they have overleapt all bounds sa those of party and personal ambition, retre would be equivalent to hari-kari. They ke< on now, hoping to obtain by conquest in tl South this year a power more than equivale: to their loss of prest ?go in tho North. Perhai they trust by such a conquest to awe ai subdue a majoritv in the North whom tho? ai failiu? to lead. "Tlns,??4-^0 V*ny, which ]-,-.rreet>nt?H by 'ike Mr. Bingham, KI Bout well and Senator Sumnor, is in a worse d lemma than ever party was before in the Bepul lie. Its vacillating legislation in respect to mau vital matters, and the ' character of its lat struggle for impeachment, prove a gross lac of principle. What kind of disposition an estimate of human nature was shown by tb person Ashley and those who assisted him, i getting up the assassination charge? The had simply to seek in their own natures fe ample support of their theory that human nt ture is corrupt. They recollected tho susp cions which attached to the vice-President under Harrison and Taylor, and derived fror those, and from their partisan enmity to a Executive who had consistently thwarted thei unholy d?signa, a vague excuse for accusin me. How did they proceed to obtain their sc called evidence ? By ransacking brothels an slums, and accepting statements from the Up of a felon. After employing such means li compass tbe removal of a President, it is no surprising that, baulkod as they are, they ar capable of employing any means, constitution al or unconstitutional, to get rid of him o shear away his powers. "Well, sir," I suggested, "now to considei what Congress is actually doing." "Why,* responded the President, "theBi measures are of course revolutionary. Tb< arguments used to defend them aro as clearl; fallacious as the assertion that block is whit) would be. A proposition to doprivo, by men act of Congress, the President of the Unitec States of any portion of the authority vested ii hm as commander-in-chief of the army and navy, is a proposal to do direct violonce to tin constitution. There are turee separate but co ordinate branches of tbe United States Govern ment, the legislative, the judicial, and the ex ecutive branches. Each of these branches, oi departments, has ita special functions, whicl the constitution rigidly defines, and the pro visions of that instrumont are so framed as thai no one or two of the departments obtain anj power to subtract from the functions of thc other. Yet, for a special ard despotic purpose tho hill submitted by Mr. Bingham is bein?! forced through the House to place in tho hand* of a military subordinate of the President, in? dependent of the latter, an executive privilege which can only bo lawfully removed from the President's hands by the people themselves voting the requisite amondnent to the consti? tution. Thia bill assumes ?right of Congress to do away with tho Pr?sidant altogether, if it chooses, and make itself executor of as well ae legislator for the government. Could any as? sumption bo more arrogant, more dangerous and destructivo in its tendency? Could any assumption so completely snnul the indict? ment against the President that he is in a position to thwart tho administration of the law? Truly enough the fallacy was not needed to prove that the Executive ia not, though it clinches the proof that Con? gress is the aggressive one of the three gov? ernmental departments. When our fathers framed the constitution, the great aim ot the majority in thc convoution was to avoid what? ever thoro was obnoxious in a kingly govern? ment. By carefully delegating to Congress many legislativo powere wLic? tho King of Groat Britain had been accustomed to exercise without consulting Parliament, they rendered the Executive merely au executor of the law, without thc right to ?rigiualo measures except in sudden emergencies and in defence of the constitution. Congress, vested with such ex? clusivo prerogatives, md composed ot num? bera ol' individuals or divided into parties be? tween whom there were always geneial and specific differences of opinion, baa ever had a tendency to encroach outside of its proper functions. The attitude of the Executive has ever been one of dofence or resistance. Ic is his plain, simple office, while seeing that all laws are put in force that conform to the con? stitution, to soe that no law obtains, so far as hia veto or authority can prevent it from ob? taining, which docs not conform co it. I repeat that he is obliged by hie solenn oath to de? fend that instrument from anj and every as? sailant. Do I make myself understood?" "Perfectly, sir." "Well, now, to proceed in thia con. Mon a little farther. Congress, or at least the , ^ent Congress, claims to be tho only nation?. 9p reseutativo of the will of the people. Ye. > President is elected as directs by the peo, \ and is therefore as directly their represent, tive as Congress is. But Coagross claims tc be nearer to tho peoplo than the President. Yet, while members of the House of Repre? sentatives are chosen every two years, Senators aro elected once in six years, the President is chosen every four years. The President is chosen oftener by two years than Senators are choaen-a fact which aeema virtually to equal? ize tho respective nearness of the Executive and the legislature to citizens st large. This Eoint is not of so much importance as it would o if the tunctions of the Executive were less arbitrarily defined, or, let ne 8ay, more subject to the fluctuating demands of popular s ment than to the stable requirements oi constitution. If it he said that a memb Congress is nearer to a particular constit cy, oi that a Senator is nearer to a partie State than the President, because each been selected to repiesent the citizens or c inant party of that particular constituent State, it may be said of the President ths is selected by a broader constituency I either-that is, by the people or dominant jorityin the Union, who, in selecting him, presumed* to subordinate local consid?r?t to those of the general welfare. A Preside office, after all is said, is one that, in a ci like the present, should be held euperic everything except his fealty to the law." "Then you regard the Suprome Cour equally independent of legislation by t gross ?" "Unquestionably it is. The Supreme Ct is as much a separate and dis linet branc the government ?s Congress or tho Esc cut: What right has Congress to usurp the pren tive of tbe people in this case, more thai the other ?" "Pardon me-am I right in suggesting t no clause in the constitution actually prescri what number of judges shall decide a casi the Supreme Court ?" "The provision was not necessary. Til honored usage-nay, the regulation of court itself'-was and is sufficient. A majoi of judges have always prevailed in all cot in England, France, and elsewhere as well ai the United States. This is an attempt to at the judicial branch of the government c right which it is competent to define t maintain.'' "It is your opinion, then, that a majority the court can decido against the validity cf i pending bill, and ignore it if it should passb? Houses ?" "That is my conviction." "It may be superfluous to presume that I President is in no wiso at fault respecting I 6art isan object of both the bills which ht eon alluded to ?"' "Quito superfluous. As 1 explained at t commencement, this so-called Bcconstruoti bill is destined, if carried into effect, so to : crease and consolidate the military tyran which bas already come nigh to rum t Southern Staten, that no body of legislate not run nearly wild with a party idea cot think of forcing it through. The vast cott interest, which used to pay an enormous rei nue to the government, instead of having be recuperated since the war, bas nearly died ot In the place of the revenue which it yield and which helped to lighten the tax?e Northern citizens, there is now an almost a solute blank on the books of the Internal fie nue Department, and the govern wen t not on has to bear this loss but expend on amou more than equal to it to support a delibera crushing dye tom upon tho patriotism and e terprise of tho Southern people. Here is policy of repression which chokes up the iou: tains of revenuo in the South, is continual making paupers there among both the whi and black populations, and compels the go erument to fall back upon the North for threi fourths of its curreat revenues, and pledge i credit for additional means. One half tbe coui try, having spent its substance to fight the otb half back into the Union, finds itself, now that has accomplished its object, the scape-goat < a political party which for its own inter?s: prevents the defeated section from taking il rightful place again under the shelter of th constitution. This is not all. The measure ofthat party will, in my judgment, tend J repress for an indefinite period such a devolo] ment of the resources of the South as ha been accomplished before the war. It is grinc mg out and discouraging the property-holdin and intelligent class of citizens, to place a Eower, the whole conduct of affairs, in th ands of the negroes and the few native white and Northern adventurers who would share i with them. Look at Tennessee, tho recor structed and "model' Stato I There are lift thousand negroes and twenty thousand white who vote wi tn thom, making seventy thousan in all entitled to the suffrage. These reprc sent a negro population of say two hundre and seventy-five- thousand. But there are on hundred and thirty thousand ?i?^ ??u-^*. representing a wm te population of more tba eight hundred thousand-the property-ownere the business and professional community c tho Stato--who aro practically excluded fror participation in the government. How doe that work ? "Now," continued Mr. Johii3on, with a gooi deal of vigor, "every ono knows, or ought t know by this time, what my position was and i in regard to secession. L had to sacrifici something myself to vindicate my convictioi that it was wrong and inadmissable, but I con sider tho extremista who have violated theil own expross declaration of tho object o tho war, and who aro dishonoring tin constitution every day they proceed witt this damning policy towards tho Soutt -I consider these mon, I say, far mort inconsistent than, and quite as treason? able as any rebel who fought in the Southerr armies. The men who tried to take tbe Soutt out of tho Union were at least consistent in this, that tbey did not object to tbe constitu? tion itself, but wore led to fear that the; would not be suffered to retain theil rights under it. War was resorted tc by tho government to restoro the Union and compel these men of the South to again re? sumo their status as citizens of tho United States. 'You aro not out of tho Union, and can? not get out of i t-the con Bti tu r ion does not admit tho secossion of a State, and wo arc defending the constitution by whipping you back under it, said,' in the beginning, all (including tbe Bepu bli can party) who favored tho war. With this declaration ringing in their oars, the whilom rebels, having been whipped back un? der it, reasonably demand that tho privileges which it accords to them as citizens shall be restored to them. But instantly they are met by a political power in Congress with the as? tonishing announcement: 'Well, you did suc? ceed in outlawing yourselves, after all; yondid succeed ia getting out of the Union; you did succeed in depriving yourself of citizenship. We did not roBtorc you, wo conquered you. You aro beaten, helpless, at our feet; stay there until you tuffer yourselves to bo recon? structed aftor our fashion. The old Union is no more; we propose to romodol it in our own way. The constitution-ah, we will, if neces? sary, go outside ot that 1 You have set us au excellent example I' " After this admirable paraphrase of the Rad? ical policy, the President arose, and stood towering. "What a pitiful condition is this I If there had been a generous, liberal-minded, law abiding predominant sentiment in the North, why by this timo the South would haye been almost upon its legs again. I do not say that the negroes would all have boon at work-that all tho plantations there would have got to ?rospering as they once (bd. But there would ave been none of this hurry to thrust negro suffrage down the throats, as it wore, of a people whose repugnance to the morsel can be only gradually overcome. Tho vanity of the negroes would not have been so fed to burst? ing that labor, free labor for their old masters, should be neglected, shirked and lost. There would have boon no mibtory usurpation, but civil governments organized ta oach State by the citizens most familiar with the character and requirements of tho soveral populations and interests attending their old social and busi? ness interests thus concerned, with the single exception of slavery. The property-owners, merchants aud industrial classes would have had incentives to give the war the go-by and return to their enterprises. Then the negroes, or at least the majority of them, would have worked, because thc Freedmen's Bureau could have been dispensed with, and they would have beeu obliged to work and have had work to do. It is highly improbable, too, that there would have been at this period any such talk about a 'war of races,' or any such distrust and disgust betwixt the whites and negroes in several districts aB now prevail." "Is it your opinion that the military govern? ments, as they now exist, could bc prudently removed from the Southern States at this time ?" "Perhaps not, just at this moment; famine aud anarchy havo been too long cultivated there. But of this I am convinced, that ii every district commander in the Southern States should be changed to-morrow from a district commander to a department commander, with duties eimilar to those of the military com? mander in vom1 own State, for instance-that f assisting" the civil authorities to preserve o. der in case of need-civil governments would be rapidly and peacefully restored. There might bc, to bo sure, a few outbreaks, and the military might be called upon to put them down. But, in my judgment, the speedy result would be the reorganization of the entire coun? try." "But we come back at last, Mr. President, to the fiist thought-that Congress is determined not to allow this happy consummation." " So," remarked the President, leaning back in his chair with another grim smile, " BO it would appear." " Which na- urallv leads ns to the prospect of continued, an ii perhaps worse, anarchy." "A revoluti on, Buchas these headlong spirits seem determined to precipitate, may have, if it is suffered to go on, an effect more damaging than that of the hurt civil war." "The President-pardon me-baa been un? derstood to express his intention to exercise all the authority vested in him by the constitu? tion to repel these revolutionary measures." "The President," said Mr. Johnson, with a resolute gesture, "has already expressed bis intention to perform his duty. As to what that duty may involve-" (laying his hand Lightly on th 3 tab]o and chumming with bis fingers darin r the pause) "it would be rather {iremature, jt st now, even to suggest. We wUl eave special measures for s ecial occasions when they arise. I have confidence in the ood sense of the anny, and certainly I be? ere in the people. I believe in the young men; they w ll not permit a revolution to be accomplished, even though," added the Presi? dent, in a serious, but not at all threatening tone, "it might be necessary for the people to take the matter into their own hands." J. B. ii. The ISrnpUon of Vcsuvln?. LATEST PA aTTCTJLABS-EARTHQUAKES A.V.O ALARMS. Under dato of December 28, the Naples cor? respondent ol' the London Times says : "My last report of Vesuvius extended to the 5th ofDecember, and your readers will probably bo dosirious t o hear something more of the vari? ous and eve .'-varying phenomena which the mountain b as presented since that time. So vari? ous indeed, h ive they been that it is daffi cult to enumerate or describe them ; sometimes de? rived from tiie extern si aspects of Vesuvius, at others from its internal condition. During a great portion of this time it has been cover? ed all over v it h enow, as it still is, dazzling the eyes and rendering it almost impossible to gaze upon it. Then it has surrounded itself with clouds and darkness, above which at night the up] >er heavens glared with the red light of the volcano beneath. Scarcely less grand were these mysterious exhibitions than those which were more defined, and whioh ad? dressed then selves more clearly to the preoep tions and calculations of the spectators. On the 7th instant the eruption consisted ol.' asnos but these ceas Lag were succeeded by smoke on thu 8th, and on the 9th anew and lofty cone was formed, whioh sent forth stones. No fewer tha i thirteen streams of lava issued at tho same time from various orifices on the summit, some of which, falling over precipices, presented th J glorious appearance of so many cascades of f re. This was particularly the case towards the Atrio del Cavallo, and in the direction of Danit) ; but, seen from a distance, those Btreams seemed to blend together und to bathe the whole of the great cone. On the 10th instant : he lava ceased to flow, and instead of it hugo i tones were shot forth, which it would appeal cost the mountain great labor, for as its vit ils were thus rent in pieces an i thrown out. i he earthquakes were moat alarm? ing, while the thunders were beard at least twenty mileu distant. Of course in Naples they were very distinct, and coming upon the ear in the dead of the night, awakened, if not apprehension, at least a sentiment of awe. In the immediate neighborhood of the mountain groat alarm was created-some fami? lies fled iron Portici and Besina-a considera? ble portion of the population did the same in Torre del Greco ; while hundreds of oases of coral were dospatchtd for safety to Naples or Castellamar or Sorrento. Torre del Oreco, tis you know, is the grent depot of the un wrought floral; from that port Bau out in the spring I know not how many barks for this dangerous and demora izing fishery. Coral, therefore, is the wealth of this very wealthy place, and every effort vas mnde to save it. On the 11th these alon ling shocks continued all day, frightening the people out of their wits, and it was not im till Professor Palmier, Director of tho Veau rina Observatory, visited the plan? and made se me investigations that the people were tranquilized, tor me tu.ree ortour following days lava igain gushed forth; one stream running dc wu in the direction of the city which bas a ready Buffered so much, and which stands on .it least five other cities, all swal? lowed up by earthquakes, or covered ovar with rivers of hr a. On tho 14 :h the detonations of the monntain were less loud and frequent, and the sisino graph was 1 ?as active, but great apprehension existed in the towns at the base, and the authorities took all precautions'for the dread? ed oventual ty. On the 18th and 19th Vesuvius was invisibb from Naples ; anything which a vivid imagination could picture to itself might be going cn there, and conjecture was yet more active at night, when the mass of cloud which hunir over it was Ut np with a deep red color. AU the scientific instruments, too, showed that there was great commotion, and indicated tl tat another eruption of lava might be expected, as, indeed, turned out to be cor? rect, for a {reat stream poured down towards the east, lt was observed that when the s is mograph at the mountain was most ict.ve. shooks of (arthquake were felt at Nola and at all the neighboring places even stronger than they were felt at Vesuvius, so that it is diffi? cult to decide where is the centre of this vol? canic action, or to conjecture what may be the end of it. Scientific observers, too, declare that on those days there wore continual shocks in Na? ples, impel ceptible to the mass, perhaps, but not jess Tte only marked by those whoso profes? sion fitted them to take note of such things. The Bismo graph, said one, tells me of these movement!, but I have my own domestic si j mograph, t nat little bit of iron attached to my shutter, and I sit and watch its vibrations almost every five minutes. From the 20th up to the present day Vesuvius has presented no new appearance. Enormous masses of smoke, scat forth in jets every minute, lise high in the air and stretch away in the dis? tance, and in the direction to which the wind bears them. This morning it is a north wind and there tro the great volumes of smoke -oi? ling one o\ er the other with a certain amount or dignity, and in one long procession tending towards Cipri. . The actual state of the mountain, as I learn from Cozz olino, the principal guide, who bas just left me, ia as follows : A stream of lav* is running down towards Ottajano. On the sum? mit aro foi med two email cones, close to that which has risen within, and far above the cra? ter, both c f which are ejecting stones. Then, again, in the superlatively grand cone there are three orifices, one of which throws out ashes and the other two stones. On the .'24th they were ashes which were principally thrown out', but ?ince that we have seen scarcely any? thing bu. masses of smoke. It must bu ob? served th it, whereas ashes indicate a disposi? tion to rs lose, smoke, on the contrary, m ena? ces a grnater outbreak-at least BO says the practical Oozzolino-and the experience of the last month proves the correctness of his obser? vations. His description of the effects of the shocks in Torre del Greco and Besina. where he residen, is graphic. They were as ir a high wind weie shaking our doora and windows, accomparied by the whistling of the storm. His opinion is-and though not a seien tile man it is worth aometheing, born and bred as he baa 1 eon amid lava and ashes-that the eruption oas not reached its climax, and that before all is over we shall have some great outburst. The instruments, if they are quiet one day, renew their activity another, and he never goes up tho grand cone, he says, without fear, for i he whole mountain rises beneath my feet or os ciliates from side to side." ACCEDE ST AL DROWNING.-Bev. J. M. Cline, a Methodist minister, who has been stationed at Bock Hill, in this district, for several years, while ror loving hie family on Wednesday night oflastwoek, from his recent charge to the neighboihood of Pineville, attempted to cross Steel Creek, whioh had become much swollen from the recent rains. He was travelling in a buggy drawn by a mule, and was accompanied by his little daughter anda small negro girl. Tho mul J onterod the creek and immediately gotbeyoodits depth, the buggy sunk un 1er the water, and the h ttl o girl, the servant f.nd the mule were all drowned. Mr. Cline only es? caped the same fate with great difficulty. [ YorkmUe Enquirer. GOLD D* YORK.-We were shown a few days ago by Hr. J. W. SeacreBt two lumps of gold, the proc.uct of the "Broad Biver Gold Mme," in tniB district. The specimens shown us weigh ?ighty pennyweights, and are repre? sented to be of the finest quality. [Yorkvike Enquirer. -In order to become a broker in Paris and membe . of the Bourse, a man must be twenty five yea rs old, and give bonds to the amount of $50,( 00 for his good behavior. SPEAKMAN"-LE ATEL Li.-On the J6th instant, by the Ber. J. K. MZBDZKSAIX, Mr. JOHN F. SPEAKMAN to Mies KATE LEAYELL, sB of Nar? berry. . Spcrinl Mim. ?. OFFICE OF MASTER IN EQUITY. - IN THE MA TT EE OF SIMONS RE BROWN TS. BBOWN.-Under the order trade ia this case, the creditor! of the late A. H. SHOWN are called-op sn to appear bafore the underrigned and prore their demands on or before the firti dag of Ftbrvary, 1868, or be excludes from the benefit of ihe decree hereafter to bo made in this rr attar. ' * JAMES 1TPPE3, Ma? ter in Equity. . January 3 f6 JO-SOUTH CAROLINA. COLLETON DI3 TBICT.-IN EQUITY.-BILL TO MABSHAL A8 8ETTS. AND FOB INJUNCTION, DIBECTION8 AND DOWER,-WILLIAM GODFREY Kr UX. EXECUTOR OF M. E. CARN TS. MARY E. CAI IN GT AL.-It appearing to my satisfaction that HABT J. GILI INO, one of the defendants In this case, ls absent from, and redoes bejond the limits of this State, on motion of 0. P. WILLIAMS, complain? ant's solicitor, ordered that tie said MAST J. GIL? LING do appear, and plead, aoswer or demur, to the bul flied hi this case, within forty days from the pub? lication hereof, or an order tc take the bul pro c.n faso will oe granted and entered against her. B. STOKES, C. E. C. I.. Commissioner's Office, Walt er boro', 14th Jan. 1838. January 17 fi ?.NERVOUS DEBILITY, WITH ID3 gloomy attendants, low aotrite, depression, in? voluntary ?musions, loas of (?men, spermatorrhcBS, loss of po#er, dizzy head, loss of memory, ind threatened Impotence and imbecility, And a sore reign cure In HUMPHREY'3 HOMEOPATHIC SPECIFIC No. TWENTY-EIGHT. Composed of (lie moat valuable mild and poter t curatives, they strike at once the root of the matt ir, tone np thc system, arrest the discharges, and impart vigor and aneri ry, life and vitality, to the entire man. They hi ive cured thousands of eases. Pitee $6 per package of six boxes and vial, cr SI per sing) j box. Sold by druggists, and sent by mall on receipt ot price. 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By ita direct action on the cuticle it draws from it all its Impurities, kindly healing the same, and leaving the sulfate aa Nature Intended lt should be-clear, soft smooth and beautiful. Price tl, sent by Mall or Express, on ro.-oipt of an order, by W. L. CLARK & CO., Chemists, No. 3 West Fayette-jtreet, Syracuse," N. Y. The only American Agents for the sale of the same. March 30 lyr FOR LIVERPOOL. THE F FNE NEW Al HHTP ?-C ARCOT IN TA," J. G. MOSES Master, is daily ex >poctod; having a portion of her cargo en? gaged will have dispatch for the alcove port. For freight engagements upply to PATTERSON b STOCK, January S3 South Atlantic Wharf. FOR NEW Y'OKK-!tIERCHAK8' LI.VE, THE REGULAR PACKET SCHOONER. D. B. WABNER, HOBTON Master, having part cargo engaged, will be promptly dis? patched. WILLIAM ROACH. January 20 FOR BOSTON. THE Al BRIG JLNE DEVERBAUX, (SAP TAIN CLASS, having a large portion ol' her i cargo engaged, wants 300 bales of Colton Uf ?AU up. For balance of Freight engagements, apply to STREET RHOS. Sc CO., January 14_No. 74 East Bay. FOR HAVRE. THE FIRST-CLASS FAST SAILING Schooner HARTSTENE, Hons Master, bar? ling two-thirds of har cargo engaged and ge? ling on board, will have quick dispatch for " the above port. For Freight engagement*, apply to RISLEY Sc CREIGHTON, January ll_Noa. 143 and 146 East BayO . > VESSELS WANTED. FOB WEST INDIES, SOUTH AMERI? CA, Europe, and Northern ports. We also : offer return cargoes from Clenfhegos, Trinidad de Cuba, St Jago, Sagua La Grande, Nuevitas and Pjrto Rico-to Baltimore, Philadelphia, New York an 1 Boston. Good rates and dispatch given. RISLEY A- CREIGH ION, Ship Brokers and Commission Merchants, January 14 Nos. 143 and 146 East Bay. .--- . FOR BALTIMORE, AND VIA BALTIMORE BY RAIL TO PBTLADEL PHA. THE FAVORITE 8 CREW fflUflgjg steamship FALCON, E..O. REED, Comma n 1er, will sall for the above port on Friday Afternoon, 24th inst, nt -, o'clock, from Pier No. 1 Union Wharves. Through Billa Lading signed to Philadelphia on reaeomb c terms. For dwight or Passage, Apply to COURTENAY Sc TRENHOLM, January 22 3 _Union Wharves. N1S.W YORK AND CHARLESTON ' ? STEAMS HEP UNE-FOR NEW YORE. THE ELEGANT SIDE WHOE steamship "MANHATTAN," Com? mander M. s. WOODHULL, wul leave for the above port on Satur? day, tba 25th inst, at 7 o'clock A M. a Ou twa td Freight engagements made with COUR? TENAY & TRENHOLM, corner East Bay and Adger'a North Wharf. For Passage and busl-ieas pertaining to Inward Freights, apply to STBEET BROTHERS & CO., No. 74 Eaat Bay. STREET, BROTHERS A CO,,) ______ COURTENAY J TRENHOLM, j W"r . January 23_ THROUGH TICKETS] TO FLORIDA, BY CHARLESTON AND SAVANNAH STEAM PACK El LINE -SEMI-WEEKLY VIA BEAU? FORT AND HILTON HEAD-WEEKLY VIA EI.?FFTO?. STEAM EB PILOT BOY.Capt W. T. MONKXXT. STEAMER FANNIE.Capt F. Ps cz. ^tr-?W ONE OF THE ABOVE 8TEAM ?r^^a-iSSn wi!, leave Charleston every Monday ana Thursday Night at 12 o'clock; and Savanntn every Wedntiday and Saturaay Morn? ing, at 7 o'clock. Touching at Blnfrton on Mon? day, trip from Charle* cn, and Wednesday, trip from Savana ib. AU Way Freight, also Bluffton Wharfage, must be pre-|iaid. For Freight or Passage, apply to JOHN FERGUSON, Accommodation Wharf. January 18_ FOR PA LAT K A, FLORIDA, VIA SAVANNAH, FfcBNANDINA, JACKSONVILLE, AND ALL LANDINGS ON THE ST. JOHN'S RIVER. _ _ "TT-?w STEAMERS DICTATOR AND ??ggSfe-jgCITY FCINT, will leave Charleaton every Tuesday and Friday Evening*, at 9 o'clock, for above places, and Savaunah every Wednesday and Saturday, at 3 o'clock I. H. Steamer DICTAI OE, Capt L. IL Coxraxs, sails Tuesday Evtmng, Ste liner CITY POUT/, Capt S Assers, sails Fri? day Evening, For Freight or Passa/je apply on board or at office Of J. D. AIKEN tc CO., Agents, January 3 South Atlantic Wharf. 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