The Charleston daily news. (Charleston, S.C.) 1865-1873, January 18, 1869, Image 1

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.*1 - .. L VOLUME VII.-NUMBER 1057. CHARLESTON, S. C., MONDAY MORNING, JANUARY 18, 1869. FIFTEEN CENTS A WEEK BY TELEGEAPH. EUROPE. THE ATTITUDE OF GREECE. PARIS, January 15.-Tho conferocco on tho Eastern question meets again to-day. It is generally believed this session will bo final. It is reported on creditable authority that M. Rangabe, the Grecian ministor, ha3 been in? structed to announce that Greece is resolved tc reject the decision of the conference if cer? tain demands in tho Turkish ultimatum arc I supported bytb-r body. Alt indications aro that Greece is bent cn ?rar. A dis^iich from Athens states that King Georgo ia preparing to retiro to Nauplia. The Powers have reasou to hopo that Itns sia will also concur in their demand on Greece. Thc Constitutionnel ot this city predicts that Greed will submit to the voice of the confer? ence. TREATY. BETWEEN GREAT BRITAIN AND AMERI? CA-THE CONFERENCE - PARLIAMENTARY ELEC? TIONS. LONDON, January IC. -Johnson and Claren? don have signed a treaty for thc settlement of tho Alabama elaine. The treaty for tho settlement of the Ala bfcjna claims elicits favorable comments from journals. The Great Powers, except Russia, have unit? ed in demanding from Greece a withdrawal of her objections to the conference as at present constituted. A large and enthusiastic meeting has been held in favor of ballot in parliamentary elec? tions. POSTAL OBDEBS BETWEEN GERMANY AND THE UNITED STATES. BREMEN, January 16.-The money order sys? tem, between large North German towns and the Uni,ed States, commences on February 1st. Amounts are to be limited to about fifty dol? lars. The business will be done by agents, thc North German Lloyd?' Postoffice Depart? ment having declined to enter into the agree? ment. THE SPANISH MONARCHY. MADRID, January 16.-Dosta and Montpen sier will be prominent rivals for the throne Bhould the Cortes declare for monarchy. Generals Biseusta Cologne and Manuel Ga zctt have been arrested for conspiracy. BlUrS IN FLORENCE. FLORENCE, January 16.-Riots, occasioned by attempts to collect the mill tax, are frequent. The military is freely u^ed for their suppres? sion. Twenty-six rioters have been killed and wounded. THE VEST LATEST-THE RESULT OF THE CONFER? ENCE. PARIS, January 16.-Another session of the conference was held to-day for the purpose, of affording an opportunity to the members to sign the declaration of its opinion. La Pub? lique, a newspaper, says that the declaration asks Greece in the interest of thc European powers to suppress all bands and vessels in? tended for incursions into the neighboring States of the Ottoman Empire, and counsels Turkey to withdraw her ultimatum. It con? cludes with an expression of hope for a speedy renewal of diplomatic relations between Tur? key and Greece. THE SPANISH ELECTION. MADRID, January 16.-Tho election in this city and in most of the provincial towns was carried foi the govtrement candidates. WASHINGTON. A THEA IY WITH GREAT BRITAIN-CLOSE OF THE INDIAN WAS - NEWSPAPERS TO BE EXEMPT FROM .UNITED STATES TAX - THE VIRGINIA COMMITTEE-UNIVERSAL SUFFRAGE - LAST YEAR'S CROP. WASHINGTON, January 16.-The President sent to the Senate yesterday a procotol, which he had received from Mr, Johnson, our minis? ter to England, fully recognizing the naturali? zation law of the United States, and abolishing the legal principle heretofore maintained in Great Britain, of indefeasibility of native alle? giance, and a treaty for the adjustment of all claims, including the Alabama claims, by com? mission to sit at Washington, with stipulation to refer, when necessary, individual claims to j the head of a friendly nation. General Sherman telegraphs from St. Louis that a letter from Sheridan represents the de struction of the Comanche village on Christ? mas day as breaking the backbone of tho In? dian war. Eight chiefs came to camp begging for peace and permission for their people to come in, asking no terms beyond a paper pro? tecting them from troops while coming. They report their people starving, all their dogs eaten, and no bmTalo. Sheridan denies that Black Kettle was friend? ly, or that the fight occurred on his reserva? tion. It is stated that Rollins has prepared a new tax bill exempting newspapers. The Virginia committee have been receiving official visitors to-day. Great importanco is attached to the interviews at their rooms, though no details are published. Thc commit? tee will visit Judge Chase in a body to-night. The committee, with I he concurrence of lead? ing members of both Houses of Congress, en? gaged in the preparation of the bill designed to carry out the arrangement agreed upon. They will remain here until tho work in which they are engaged shall assume an entirely satisfac? tory shape. A committee of the Colored Men's National Convention waited on the Judiciary Committee and asked tor suffrage in the North and West. The Judiciary Committee promised that Con? gress would take action in the matter in a Bhort time. Tho agricultural report shows that last year there were produced in thc Uaited Stages 905, 000,000 bushels of corn, and 2,3S0,00O bales of cotton. The colton is distributed as follows: North Carolina, 140,000; South Carolina, 130, 000; Georgia, 290,000; Florida, 35.000; Alabama, 285,000; Mississippi, 400,000; Louisiana, 250,000; Texas, 26^,000; Arkansas, 263,000; Tennessee, 200,000; other States, 75,000. The report says that the estimate is below rather than above the actual yield, and that it is not made for districts or ports, but for the States separately. Seward has sont to the Sonate t. treaty be? tween the Quited Stated and Great Britain, whereby the dispute about the boandanea of the Island of San Juan are referred to Switzer? land._ CUBAN AFFAIRS. THE BEYOLUTIONABY EMANCIPATION MANIFESTO. HAVANA, January 15.-The original copy of the so-called emancipation proclamation, issu? ed by the revolutionary General C?spedes, has been received here. It docs not, as reported, abolish slavery at once, but counsels owners to give their slaves their free'iom and leave ultimate decision to thc people, who, at their pleasure, may decide upon immediate emancipation, coupled with indemnification of those owners who are favor? able to the revolutionary cause and yet unwil? ling to part with their property. The general's principal object io thc issuing of the proclama? tion appears to bo tbe utilization of the Ser? vices of tho blacks as a military necessity. SPAJZICS FJ?OX TIZE Wilt ES. By tho new allotment of tho judges of the Supremo Court, Judgo Svayne has tho lifth and sixth circuits-the former of which was Judgo Wayno'd circuit. Advices from Mazaf.au represent great dis content against Juarez'go1"-nment; open re? bellion is soon expected. Doa Plascido Vego s mentioned as thc Jcador. TL?. Allies lost six thousand in capturing Villota. The American Minister McMahon was in tfio Paraguayan carno during thc battle. The Virginia Republican State Central Com? mittee are called to meet on January 27th, to consider thc propriety ot' calling a new btale conveutioD. It is understood that thc uew convention is to consider tho nomination of new candidates itv governor and other offi? cers. Tho examination of the Ogeecheo prisoners in Savannah is continued. Tbe evidence so far shows that Goueral Sibley's ieport was incor? rect in the main particulars, the facts regard? ing the troubles being omitted, or not ascer? tained. Ir *ho Georgia Houso of Representatives, on Saturday, a motion to roscind tho act unseal? ing colored members and that they be reseat? ed, waa lost by a large majority. Notice of contost has Leen served on all thc new Louisiana Congressmen, to whom certifi? cates have been issued, except that o? L. A. Sheldon. Great excitement prevails in Marion County, Ark., on account of an outrage on three young ladies by nine negro militiamen. The negroes were captured. CONGRESSIONAL NOTES. A Washington corre 'pondent writing on the lOih inst, says : "From his remarkable condi? tion of reticenco, General Grant seems to have passed to that of a man who has his own views, and we know human na .ure well enough to be aware of the fact that a man having views is very apt to express them. Within tho last four days I have met three prominent gen? tlemen who have had talks with General Grant, and each one, without even giving me the topics of his discourse, say that he spoko freely and at length. The President elect bas certain work on hand that ho cannot accomplish w^hout consultation, and, being a sensible man, he proposes to tako the necessary steps to ac? complish his work. Keeping this fact in view, and looking back over his career so a.* to get a clew to his advisers, and hearing calmly I the curren t of talk and comparing notes, I have eatisdjd myself that I can name four out of seven of tho Cabinet he will announce, after the 4th of March next. Now, I do not pretend to have gained a partido of information from the great Mogul hitnaelf. I only give you the gen? eral belief of tho shrewder set, sifted through my own opinion, and at the presen': writing the Cabinet stands ns follows: Stanton as Secretary of State ; Wells, Secretary of the Treasury ; Washburne, Secretary of the Interior; Scho? field, Secretary of War; 8chenck, Secretary of the Navy; Greeley, Postmaster General; Ed? wards Piorrepont, Attorney General." SENATOR 8AWYEB AMO 800THEKN LOYALISTS. During the debate on tho Sue Murphy case in the United States Senate on Thurd&y, Sena? tor Sawyer, of South Carolina, read an argu? ment in favor of the bill. He was not quite satisfied of the loyalty of Miss Murphy previous to the arrival of the United States army in Decatur, and as she , was then only sixteen years old, he thought it very doubtful that she had formed any opinions on the subject of loyalty or disloyalty; but on the general question of the right of loyal Southern era to be compensated for their prop? erty taken and used aa hers bad been, be felt very strongly, and he had been surprised and shocked by the ground taken by the opponents j of this bill. He would not undertake to con? trovert the legal propositions or arguments of the senator from Massachusetts [Mr. Sumner], or the senator from Oregon, [Mr. Williams.] The loyal men of the Sou^h might be proved, to the satisfaction of those who desired such proof, to have boon public enemies during the war, but he had entertained a different opinion of their position and character. The senator from Michigan [Mr. Howard] had spoken slightingly of tho Southern loyalists, their suf? ferings and their sacrifice*"; but if he had hap? pened to live for awhile during the war in a rebel State, he would undoubtedly have come to a difierent conclusion. Mr. Howard said ho had not intended to cast any slur upon the lo\ al men of the South nothing could have bcon further from his thought. Mr. Sawyer waa glad of it; but the language of the senator had given him the impression that he valued lightly the saorifi :es of South? ern loyalists, and, indeed, rather envied them for the advantages of their position. The argument of tho senator from Massa-' chusetts [Mr. Sumner] that loyal men at the South diuing the war wero public enemies, might be unanswerable; out ho appealed to that senator to say whet rei* the conclusion to which his legal logic hnd led him was not re? volting to his sense of justice? If the loyal people of thc StQth v.oro now, and had been all aloDg, public enemies, why had thc govern? ment made a distinction between them and tho disloyal duritg tho war? Tho government during the war did not determine who were its friends Ly law. The Union m n of tho South, who adhered to tho Government, did not hesi? tate about their duty until tfiey could c?. ueult Puffendorf. Thc Union prisoners at-the South had not found it necessary to read Vattel in or? der to ascertain who were their friends. Tho policy advocated by the opponents of this bill waa most unjust and unwise, and he hoped it would not be adopted by the government. VmOEilA. After many conferences betweeu the Virginia committee and its individual members with the Judiciary Comm itt uo of the Senate and members ot the Senate and House, it seems to be pretty well understood that tue followrug definite arrangement has been substantially agreed to : Followiug the precedent iu the Missouri compromise, and the proceed? ings upon the admission of Oregon, Kan? sas and Nebraska, a bill wi1' be prepar? ed authorizing the admission of Virginia upon the adoption of the proposed consti? tution, with the obnoxious clauses iu regard to disfranchisement, tesl oath and probably some other objectionable features, stricken out. When this bill shall be passed, it is be? lieved it will be followed by an amnesty bill, either universal or with very lew exceptions, to take effect on the ratification of thc constitu? tion. It is said that this adjnsttneut meets thc approbation ut General Uran;, Secretary Schofield and a large number of the most prominent members of both Houses of Con? gress. SUE aiunPH?. The action of tho Senate in recommitting thc Sue Murphy claim -o its committee is re? garded as a final decision of thu claim upon the merits so far as the present TJuugrcsa is concerned. Before submitting the bill to a vote there was a quiet canvass which disclosed ' the fact that senators were not willing to abso? lutely reject Miss Murphy's claim, which has unquestionably justice in it, aud yet there was so much behii.d it, tho agr?gate of claims of that character, running mto hundreds of mil? lions, possibly, that tho majority of the re? publican senators wero opposed at this junc? ture to establishing the costly precedent in? volved in the case under discussion. Therefore it was deemed best to make a sort of ron-com mittal disposition of tho question, and hence the vote to recommit. WORKS TO A CHABII.-"Your machine works to a charm. It does tho work silently but ef? fectively. Although other sewors may be good, yoi. there are degrees of comparison which at? tach even to these, and yours is entitled to th? superlative.-?! Richard Snath, to thc Willcox & G ?bis S. M. Co., Shaion, Cont-., March ll, TROM TUE STATE CAPITAL. A Parly at Governor Scott's-Thc Dis? cussion on thc Liberty of the Press Legislative Proceedings. [FROM OUR OWN CORRESPONDENT.] COLUMBIA, January IC-A very successful surprise party was givon at tho Governor's re? sidence last evening. Among those present were General Bomford and staff, General Con? nell and staff, Judges Hogo and Carpenter, Comptroller-General Neaslo, State Treasurer Parker, State Auditor Tomlinson, General Stolbrand, superintendent of the penitentiary, several members ot tho House of Representa? tives, and a number of thc citizens of Col um bia with their wives. The party did not break up until 2 A. M., and was both successful and brilliant. Thc recent report going the rounds of tbe State papers thit General Hampton will be a candidate for thc presidency of the South Carolina Railroad hos no foundation in fact. Tho General himself, I have thc Nw* authority for saying, has not indicated .... uesiro for sud an office, and his warmest friends, some of whom are among tho largest stockholders of tho road, would warmly oppose his running for, or acceptance ot, any auch positioo. IN THE HOUSE, on Friday, was submitted the supplementary reporc of the Joint Committe. on tho Bank of the State, containing the pro? ceedings before Chancellor Lesesne, and tho orders made by him on Daeeinbor 30 and 31. C. D. Hayne introduced the following, which was laid on tho table by a vote, on division, of yeas, 49; nays, 20: Jiesoloed, That the reporter of the Charles? ton Ccuiier be expelled from the floor of this House. Elliott moved to take up the resolution. He said that the correspondent of the Courier had made an attack on tho members of tho Bouse, and especially upon W. J. Whipper, ot Beaufort, bec auso of his opinion relative to the South Carolina University. He said that tho reporter bad since insulted that member by S-mices and threats upon the floor of the ouse during its session, and that after the adjournment of tho House tho correspondent gathered together a party of students, in or? der, it is believed, to make an attack upon the member from Beaufort. W. J. Whipper said : I rise to a question of privdego. 1 did not urge the introduction of this resolution, but after mu.h persuasion consonted. I would s<ate that my attention was called to an article, which did me great in? justice, in the paper for which that reporter is supposed to write. I went to him in this House to ask an explanation, and certainly did not expect to be insulted. I inquired of hi ai if bo was tho correspondent of the Courier, and if he wrote tho article. He replied, "That's none of your business." Had I been out of this House I should have relented the insult at once. I told him if he ever used my name in such a manner again I would hold him re? sponsible; and, so helo me God, I will. After? wards, in my committee room, & >ncmber call? ed and informed me that a crowd of students had assembled outside, as he thought, with the intention of attacking mc. I immediately went out, and they went away at once. He said that he made this statement in justice to himself, and left the matter to t.ie House. The resolution wa9 then taken up -yeas 84, nays 18. Elliott moved to amend by inserting the word "present" before the word "reporter." Sim moue moved a refereuce to a special com? mittee. The amendment was adopted. Jones movod that the reporter be denied en? trance to the hall. Mr. Tomlinson was in favor of referring the matter to a committee. Wilder said that he saw the students and warned Whipper. ? S. B. Thomson said that he would vote all the time to exclude reporters who did such things. Whipper and George Lee said that they would not Bit in t:io House if thia reporter was allow? ed to remain on the floor. . Ransier said that he was in favor of the larg? est liberty to the pi ess, but it seemed that this reporter had abused his privilege, and be thought that the resolution should bo unani? mously adopted. The amendment that the reporter be denied entrance to the hall was adopted. Purvis was not willing that a reporter should be excluded by a resolution that did not specify the charges against him. The resolution as amended was then adopted; yeas sixty-four; nays thirty-two. The following paper was presented to be en? tered on the journal: "The undersigned members of the House vote 'no' 'on the resolution to excludo from the House the reporter of the Charleston Courier, for the following reasons: While we have no doubt as to the duty of the House to protect itseri and its mombers against such conuuet as is charged aeainst tho report? er of the Courier, wo do not think it consistent with tho dignity of the House to pass such a resolution as this, which docs not set forth the charges against the party, without first having an investigation bv a committe of the House. * REU?EN TOMLINSON. JOHN H. FER1TER. H. W. PURVIS. JOHN CHESTNUT. J. B. HYDE. GEO. F. MCINTYRE." IN THE SENATE, on Friday, a bill to chance the county scat of Barnwell was road the first time. Resolutions were adopto J Tor tho removal of tho political disabilities of Vf. Hutton Whjg, of Columbia. Thc following potitions for t'io removal of political disabilities were i:i"sunted : Wesley A. Black, of Abbev?lc; Jv<iiu Wilson of Ander? son. IN THE HOUSE, on Saturday, DeLarge intro? duced the following: Resolved, That tho action of the Houso, ox eluding from thc privileges of tho floor or gal? leries of this budding tho reportor cf tho Cou? rier, be, aud tho samo is hereby, rescinded; and that a committee of five bo appointed by the speaker to investigate thc charges made by members of this House against said reporter; and that said committee report to this Houso the result of said investigation. Ho said that it was due to the Houso and to thc reporter that tho resolution be rescinded. A motion was made to indefinitely postpone the resolutio:i. DeLarge said that the reporter should h?vt tho privilege of an investigation, and ho was not u losed to pronounce nny ono guilty be? fore trial. A member of tho Houso had told him that tho statement of the designs of the students had been" found to bo incorrect. Elliott defended tho action of the House, and Tomlinson hoped that the resolutboi would bo indefinitely postponed. The question being taken, tho resolution to rescind was in d?fini tel v postponed. Yeas 49, uay* 40. ile Large presented thc petition of merchants and tax-payers ol'Charleston, for aid from thc State to relieve thc Savannah and Charleston Railund Company and assist in rebuilding tho road. Referred to thc Committee on Railroads. Also, the petition of thc Soutii Carolina Society for renewal of certain Stats bonds destroyed by fire. Referred to the Com? mittee on Ways and .Means. Tiic following concurrent 'csolutiou was adopted: Kesolccd. by tho House of Represont-viivos.. the Senate concurring, That the trro branches ol' the General Assembly will, on tho 27tli in? stant, proceed to elect by" joint vote a Presi? dent and twelve Directors of the Bank of the Stato.of South Carolina. The following bills were ordered to ba en? gl ossed for a third reading: A bill to alter and amend an act entitled "An act to close the operations of thc Bank of the State of South Cai ol ina." A bill to rc2ulato and provide for thc pay? ment of Commissioners and Managers of Elec? tions was taken up. The Governor announced his approval of an act to punish sheriffs and other officers tor vio? lation of tho Homestead law. Notice was given of thc following : A bill describing the way and manner di? vorcements in the State of South Carolina may be obtained; aiso, A bill declaring a certain road in Greenville County as a public road. A bill to punish planters for discharging, wilhout notice, persons employed by them in planting. In THE SENATE, thc concurrent r?solu/.'on for the relief of the disabilities of Wm. Hutson Wieg, of Columbia, waa concurred in; also for the rehef of Thomas 0. Dawson, of Orange burg. The reaolntion from the House proposing to fro into joint assembly on January 27, to elect a president and twelve directors of the Bank of the State, was referred to the Committee on thc Judiciary. Mr. Corbin presented the petition of mer? chants and tax-payers of tho City of Charles? ton, praying a favorablo consideration by (ho General Assombly of such measures as will re? lieve the Savannah and Charleston Railroad and assure tbs early rebuilding of said road. Referred io the Committco on Railroads. A bill io amend an act entitled "An act to I pr?vido for tho temporary organization of tho ! educational department ol the State," rcooived its third reading, passed, and was ordered to bo sent to thc House. Mr. Lunnoy introduced a bill to charter thc Manchester and Augusta Railroad. Read first time. A bill to authorize the renewal ol State stocks or bonds, was made the special order for Thursday next, at 1 P. M. Tho Senate then went into eretrntive eession. THE BANK OF THE STATE. Proceedings in thc Supreme Court. THE PROCEEDINGS ON FBIDAY-AR0UMENT8 OF mara, HAYNE AND CAMPBELL-DECISION or THE CO ?BT-THE PROCEEDINGS ON SATURDAY. [FROM OUR SPECIAL CORRESPONDENT. ] Co LU HE i j, January 10,1869.-It is now three days since counsel commenced their heavy skirmishing in the Supreme Court over the Bank of the State, and yet the battle has scarce? ly begun. The proceedings of Thursday have been before you. On Friday Mr. Hayne started out with throe points : 1. That the cause was not docketed in accordance with the rule of the court, which declares that all appeals shall bc docketed the first term of the Appeal Court af? ter they are decided, and on or before tho sitting of the court. It bad also been placed on the dock? et without nptico to tho adveree party. 2. That the case in ita present form is not entitled to a place on tho docket. It comos np by writ of error, and the right to that writdo:s not apply in thc case of a Judge of the Supreme Court sitting at chambers. Tho only idea of a writ of error we have i8 a writ to a superior from an inferior court. What are inferior courts? They aro described in tho constitution to bo tho Cir? cuit Court, Probate Court, and Justices of the Peace. In an act of the present Legislature entitled "An act to organize the Supreme Court," it is declared tbat "each of the Justi? ces of tho Supreme Court shall have power to issue writB of injunction, mandamus, quo war ranio. habeas corpus, and other remedial writs, subject to>e-examination, affirmance or rever? sal, and final adjudication by the proper juris? diction." Did tho constitution or the Legislature con? template that a Bingle judgo of the Supreme Court, hearing one of these motions at cham? bers, was thereby cons ti tuted an inferior court ? Most assuredly not, tor in that caso he would descend to the lovel of a magistrate; tho appeal from his decision would he to tho Circuit Court, and from thence by writ of error the cause would come before the Supreme Bench. Such an idea is inconsistent with the general scheme of the judiciary department. It would be ons of the most mischievous provisions of the con? stitution, because it would be an invitation to indirect practices and corruption. If it was desired to get rid of a supreme judge, under such a construction nothing would be easier than bo malta a motion before him at ohambers, and then resist his hearing the malu quoetion on the bench, after which some ot bor person may be commissioned to fill his place. If the court reach the conclusion that the writ of error does not lie in cases of this sort, but that another modo is provided by which any error in the juagment of a aupreme judge Bitting at chambers may bo re-examined and revised, our third proposition is established, namely, that there ia nothing in the nature of the pre? sent caae to exclude the judge who granted the writ from Bitting on the supreme bench. Judge Willard, who had taken his eeat for the purpose of participating in the hearing of the preliminary motion tu q lash the writ of error, said be could not sit in tho capacity of a judge as to his own qualifications. Mr. Hayne accordingly waived this point, and proceeded to enlarge upon the proposition that there ia no writ of error from a judge of the Supreme Court Bitting at chambers, but that after ho baa decided upon one of those reme? dial writa, it shall, upon motion before bim, be subject to re-examination, affirmance or re? versal, and final adjudication by the proper ju? risdiction. However ?trange it might appear, it waa clearly the law enacted that tho case should go to the Circuit Court for decidion. Mr. Corbin followed in reply. This case waa put upon the docket by motion. The rule quoted docs not apply to it. It remains, there tore, with the court to determine whether the exercise ot ita discretionary power woe correct. The case was not dockoteu on the first day of the term for tho simple reason that it could not be heard, and as under the law we aro en? titled to a writ of error at any time within a year, the court oxorcisod its own convenience. The Chief Justice remarked that when ho took bia seat upon tho bench, he found it lo be the practico to allow caaes to bj docketed at any time without any regard to the question whether they would try it at the same term or not. Mr. Corbin, resuming, said that as to t ie question whether the writ of error applies to this case, it is the only proper modo to bring tho case boforo thc Supromo Court. That au anpeal will not lie, VJ emphatically settled by the constitution. It could only come then in one of tho modes known to thc common law. Thero ie no doubt that the writ of error is ex? pressly provided for correcting errors of law in thc Circuit Court,, but still thc question remains, how can we get tho record from an inferior court? The common law practice, BO far as wc know, says by writ bf error, or by a oeriiorart. Thc first ia the true mode. Tho Supreme Court of the United States have adjudicated this question in tho case of J. W. Ward and R. E. Call, 7th Petera, p. 633. On thia Mr. Corbin commented at some length. As to tbe point raised, whether thia is a proper court to reviso tho proceedings had be? fore a supreme judge in chambers, it was clear that the Legislature established certain infe? rior courts, among which, to all intenta and purposes, waa one in which a supremo judge was authorized to sit for specific purposes. Its jurisdiction was limited, for it embraced thc issuing of writs of injunction, mandamus, quo warrar?o and habeas corpus. It was not a branch ot the Circuit Court, and it was not j equal to thc Supreme Court, yet it possessed certain judicial fuuetions. It was, therefore, an iuferior court, over which thc Supreme Court has a supervisory power. That being j demonstrated, it follow8 that thia special exer? cise ot judicial authority, no matter how con? ferred, must be examined in this court. Mr. Campboll folio we ;, but his argument on tho points submitted anl above discuisod is such a mass of logic that no briof synopsis would convey a proper idea of his Hue of thought. Mr. Chamberlain, thc Attorney-General, said that one of the considerations introduced was that a proposition wa* ponding.to settle this question. Speaking for the State, he was prc nared to say that the State sees no prospect il any successful result from pending negotia? tions," and, further, that thc only way in which to secure a successful negotiation was to press the case now. In rendering his decision, Chief Justice Moses said he concurred in so much ns declares that the judgment of au associate justice at chambers can ouly bc examined and revised by this court. Whether it is to bo done by a writ of error or on mere motion to revise, it was uot necessary to decide. Tho effect to Doth par tics would bo the same, for the case is hero, the record is. herc, and 'ho matters assigned as error are ia definite form presented to the court. He dissented entirely from the opinion of thc court on the other question, to wit: the mo? tion to toke up the cause for hearing. On De? cember 22, 13G8, tho call ot the docket was closed and the order to that effect entered on the minutes. After this, counsel for relators was allowed to docket tho cause, and it being subsequent to the period appointed by the rule, it was expressod as "docketed Without prejudice" io the other side, and continued. On notice to respondents, a motion is now made to take it up for bearing. I am satisfied there is no precedent for such a coarse. It is true that a continuance is a matter of discre? tion, bit it must bo regulated by some stan? dard of law or right. Wben a cause is once continued and notice of the fact brought home to counsel, they are supposed to dismiss it for tho present from their minds and arrange their time and attention for other engagements. Here tho permission to docket was a favor to relators, and without a regular and forma] continuance without alleging accident, mistake or fraud, il is asked that the hearing shall now bo had. Counsel concluding that the order was to stand, made appointments at a distant point, and these, without fault or blame on their part, they must now forego. It is said that tho cause must bo taken up because the State is a party, and interests of importance are involved. A court must have Known and recognized principles for its guidance, and the State as a suitor has no higher claim to its consideration or preference thia the humblest citizen. Rules of oourt, thous h extraordinary circumstances may abate t ue rigor of their en? forcement, should be fixed and stable. Associate Justice Willard, speaking for the majority of the court, said: As to the motion to quash tho writ of error, while it was a novel question, the majority of the court would not occupy the time of counsel with its further consideration, especially as its consideration was not imperatively demanded in this case. The record of the case was before them, and they nere of the opinion that they could pro? ceed to the consideration of the questions in? volved. As reeards continuance, the court had full power over a case. Notwithstandio? a contin? uance waa entered they could .restore it and order argument to proceed. A case may as well bo called after the close of the docket as during its call. The question is one of discre? tion, which should oily be exercised upon just and sufficient grounds. The relator had urged public considerations os rendering an early argument expodient; bad stated that the judgment of the Supreme Court was necessary, in order that further legislation might be obtained from the General Assembly. The majority of tho court could not assent to the doctrine that they were nc t. at liberty to notice the fact that the State was a party to the record, and that the interests in? volved were public interests. Oa the other hand, the only grounds of preju? dice alleged, related to convenience of coun? sel, which may be properly consulted, in refer? ence to assigning a day for the hearing of the case, but is not allowed as sufficient ground in itself for losing a term. Tho continuance would be vacated and the cause restored to the dock? et, but the respondents would be at liberty to urge such mattors as are appropriate in refer? ence to fixing a convenient day for tho hearing. Tho court then adjourned. On reassembling to-day, (Saturday) Mr. Chamberlain moved, by order, that Judge Wil? lard bc declared disqualified by reason of his having sat in an inferior court. The point was contested by Messrs. Cambell aud Hayne, but after consultation with Judge H?ge. (Judge Willard being absent) the Chief Justice de? cided in favor of the motion, aud Judge R. B. Carpenter ivas accordingly duly commissioned by the Governor, and took his scat upon the bench. Mr. Campboll thin again moved for a con? tinuance ot the case, on grounds ei-nilar to those made the provious day. Thoy were en? tirely unprepared to go into the case. Bule 100 of the Appeal Court made certain condi? tions necessary, which had not been complied with by tho other side, and taking all the cir? cumstances connected with the suddeu aud hurried manner in whioh the case had been pressed for a hoaring without due notice, it was a proper opportunity for the exercise of the discretion of the court. Mr. Corbin professed to be astonished at the motion, and called for the reading of an order which, notwithstanding the closing paragraph of Justice Willard's decision, was signed only this morning before the meeting of the court. The order fixed to-day for the hearing. Mr. Campbell read rule one hundred, which recites that the grounds of appeal, record, citations, points, authorities of counsel, shall be furnish? ed counsel, and said they had not been sup? plied, and that this rule waa of itself a bax io such a peremptory order. They could not forego the rule without great prejudice. Mr. Hayne added some remarks, and the court retired for consultation. The decision was that the order having been entered on the minutes,it was adjudicated matter and impera? tive upon the court. The Chief Justice stated, however, that Judge H?ge did not concur in the apparent order of Judge Willard. Mr. Campbell said the counsel for defendants had nothing more to say. They bad resisted a motion to set aside a distinct order of the court. They had made a motion for a contin? uance, and both bad been set aside. The ori? ginal order of continuance was as distinct and binding upon the court as the order they bad before them, yet they had overruled the former, and declared they were incapable of overruling the latter. The Attorney-General then commenced the reading of the record, pending which the cour t adj o urn cd. F. G. DE F. AFFAIRS IX THE STATE. Urangeburg. Colonel P. A. MoMicbael died on Tuesday morning, at his residence about three mile s from Orangeburg. Chesterfield. Tho Circuit Court conveued at Chesterfie ld Courthouse on Monday, the 4th instant, and was in session until Friday, presided over by Judge Rutland. One case of murder and three of larceny were triod whioh occupied four days of tho session. Oconee. Wo loarn that the Postoffico in Pickcns Coun? ty, known before tho war os the Campground, has boen re-established. Tho County Commissioners havo divided Oconeo into eight townships. The surveyor is now eugaged in preparing plats of tho same. Camden. Tho caso of tho State against White, for big? amy, rosulted in a verdict ot guilty. Shortly after being remanded to jail he effected an escape. ' In tho Circuit Court, tho case of the Stato vs. Louisa Deas and Lula Collins, for murder, resulted in tho speedy acquittal of tho parties. Tho trial of William Kelly for the murder of Mack Kirkland, colored, was taken up on Mon? ds y morning, and was given to tho jury on Tuesday altern Don. The jury, after being out a very abort time, returned a verdict of not guilty. Marlboro'. Tho following Masonic elections have taken place : Marlboro' Lodge.-Josiah Gay, W. M.; Chas. S. McCall, S. W.; D. D. McColl, J. W.; T. E. Dndloy. Treasurer; T. A. Sutherland, Secre? tary; C. S. Emanuel, S. D.; J. R. Cook, J. D.; Hohrv Edens, Steward; W. H. Parham, Stew? ard; ?. H. David, Tiler, Marlboro' Chapter No. 30.-Hams Coving? ton, High Priest; Josiah Gav, King; H. G. Lucan, Scribe; J. C. Dunbar, Captain of the Host; Frank Manning, Principal Sojourner; H. R. E istorling, Royal Arch Captain; W. B. Alford, Grand Mister of the 3d Veil; Elmore Allon, Grand Alaster ol the 2d Veil; A. K. Par? ham, Grand Master of thc 1st Veil; C. S. .McCall; Treasurer; T. A. M. Cook, Secretary; M. C. Cox, Sentinel. .Lancaster. Thc roads are represented a3 being almost impassable between Lancistcr and Charlotte. Thc wet weather continues, and but little or nothing can bj done on tho farm. Peter Higgins, on application by habeas cor? pa* bet?re viagintratea B. J. Witherspoon and John C. Secrost, was, at Lancaster, on thc 11th inst., discharged from imprisonment. Mr. R. was imprisoned on a letter signed by Jjbn B. Hubbard, Chiof Constable of the State, per L. Cl!;. This letter stated that information had been received from tho deputy constable at Oro, Chesterfield County, that Peter Bis erins, convicted of arson, was at large m Lancaster County, and instructed R. W. Cousart to arrest him. "There was no copy of the sontetice of any court, anl no statement of the timo and place of his alleged conviction, and no allega? tion against what State he was an offender. An l upon this State of facts, J. H. W. Cousart caused his arrest and confinement in the dun? geon of Lancaster jail. Richland. Thc Columbia Phoenix says that eight color? ed men were arrested several weeks ago, on suspicion of hoing connected vvjih the murder of Dr. E. C. Shill, of Laurens County, in No? vember last. On Friday last two of them were brought before Judge Willard, and, after a hearing of the case, were released on their own recognizance. On Wednesday, the other s>x were brought oe?ore juage iioge, ami raeoaeo. also. The Rev. J. Maxwell Pringle, of ^Columbia, having accepted an invitation to tho Rector? ship of St. Paul's Church, Henderson, Kentuc? ky, at a late meeting of tbe vestry, the follow? ing resolutions were unanimously adopted: Resolved, That we are truly grateful to our beloved pastor, tho Rev. Maxwell Pringle, for his zealous and untiring efforts to rebuild oar church, and deeply regret the circumstances which compel him to sever his connection with the congregaration which he has so long and so faithfully served. ' Jlesoloed, That be carries with him into the new field in which he is called to labor, our cordial wishes for his success, and our sincere hope that his piety and zeal may be abundant? ly rewarded. A. S. Wallace, of York, defoated candidate for tho Fourth Congressional District, has fur? nished Colonel Simpson, who holds a certifi? cate and commission, with notice aud grounds of "contest." Tho document is most formi? dable in volume, and charges a fearful array of enormities upon tho good Dcmoerats of the Fourth District. Major Edward Anderson died on the 8bh in? stant, at his residence bi Greenville, in tho 85th i year of his age. He w is born in Union Dis? trict. He was appointed postmaster in 1813, I and held that position until the close of the j late war; he, however, held the same position previous to 1843, when he was again appointed. Clarendon. Monday last being sales day many people were in town from all sections of the district, 1 presenting an unusually lively appearance, re? minding us of th? palmy days of our once thriving towns and villages, and we thus had reasons at least to hope that there was better days in store for us. A good deal of property changed hands; many persons being interested, the bidding was quite liveiy. FTAE E? SAVANNAH.-The Savannah Repub? lican of yeaterday says: "This morning about half-past two o'clock, a fire broke out in the back part of Mr. W. D. R. Millar's oil store, No. 157 Bay-street, a few doors west of our office. The Hames spread with great rapid'' v, owing to the combustible nature of the stock in the store, and soon extended to rhe carpen? ter shop of Mr. Killoren, in Bay-lone, which was filled with lumber, completely destroying the contents of that establishment in a very short time. Mx. Millar's stock was entirely de? stroyed or damaged by water. At one time the flames caught the rear portion of the Pulaski House outbuildings, in fact several of the window frames were seriously damaged^. The fire also extended to the rear of the gram and feed store of Mr. C. V. Hutchins, next east of Mr. Millar's establishment, destroying bis en? tire stock. Mr. W. D. B. Millar estimates the value of his stock at $10,000; insured for 15000. Several lawyers who bad offices in the second story, lost all their furniture and books, ind a family and a number ot single gentlemen oc? cupying rooms in the seoond and third stories lost all their furniture. There was quite a breeze blowing, and at one time it seemed as if the entire range fronting Bay would be de? stroyed, and when the Republican went to press the fire was still barning, but was thought to be under control." FUR PHILADELPHIA-EMPIRK LINE. THE SCHOONER SURPRISE, 6YMME3 Master, having nearly all her cargo engaged, i will sail in a few days. For engagements ?apply to H. F. BAKER ft CO., January H No. 20 Cumberland-street. Kutt EK^E?2RMM?? THE FIRST CLASS DANISH BABE * KAMMA FONDER, KBOQB Master, having ? part of cargo engaged, will have di sp ta ch. For Freight engagements apply to WILLIS ft OUISOLM, January 8 Imo North Atlantic Wharf. FUR LlVKltPOUL. THE NEW AND STRICTLY Al SPAN? ISH SHIP "PEDBO PL ANDOLIT, " AMEN ? OCAL Master, having large part of her .cargo engaged and going on board, will load with dispatch. For farther Freight engagements apply to W. P. HALL, January 8 16 Brown ft Co.'a Wharf. FUR LIVERPOUL. THE FINi3 AMERICAN SHIP "AME ^ LIA, THOR, Bo WEHAM Master, ie now ready >for cargo, and being ot small capacity will .have dispatch. For engagements a jylv to PATTERSON ft STOCK, January 5 South Atlantic Wharf. FUR UTVERPUUL. THE Al CLIPPER BARE LIZZIE H., SSPBINO, Master, having about two-thirds ?of her cargo engaged and going on board, .will have dispatch for the above port. For freight engagements, apply to January 5_STREET BROTHERS ft CO. FUR Ll Vii lt FOUL. THE FIB8T CLASS BRITISH BABQO v W. G. PUTNAM, RICKARD Master, ha vin ?a large part of ber cargo engaged, will loa ?with dispatch. For balauce freight engagements, apply to WILLIS ft CHISOLM, December 21_North Atlantic Wharf. EXCURSIONS AltUUNOTHE HARBUK . THE FINE, FAST SAILING AND COU 'PORTABLY appointed yu ht ELE ANO R kwill resume her trips to historic points in .the harbor, and will leavo Government Wharf dally at Ten A. M. and Three P. M. For Passage, apply to THOMAS YOUNG, December 18 Smo Captain, on Board. FOR PHILADELPHIA. THE STEAMSHIP PROMETHE? US, A. B. GHAT Master, will leave 'Atlantic Wharf for above port on ? '1iron-DAT, 21st instant, at ll A. M. For Freight engagements apply to JOHN ft THEO. GETTY, January 10 North Atlantic Wharf. FUR MKW YOttrk. REG ULAR LINE EVERY THURSDAY, PASSAGE KIO DU CED TU 9*5. THE STEAMSHIP SARAGOS3A, 'Captain C. RYDER, will leave Vsndor 'borst's Wharf on THURSDAY. Jan* ? nary 21st, at Twelve o'clock 31. January 16 BAVENEL ft CO., Agent?. TR AV K IL K US FASSIAU THlt?UOH CHARLESTON EN ROUIE TO FLORIDA, AIKEN And other places, should sot fal to lay in their supplies of PROVIS . IONS, CLARETS. CHAMPAGNES CORDIALS, BRANDIES. WHIS EIES, WINES. CANNED MEATS, SOUPS, ftc. Pates of Wild Game and Devilled Ham for Sand* Wiehes and Luncheons. 43-Send for a catalogue. WM. S. CORWIN ft CO., No. 275 King-street, Between Wentworth and Beaafain, Charleston, s. C. Branch of No. 90U Broadway, corner 20in street, New York._Ocober28 FUR UDISTU, ROCKVILLE, ENTERPRISE, AND WAY LAND? INGS. THE STEAMER ST. HELENA, _?Captain JAMES G. RUMLEY, will re ceivcTreitfUt Vms DAY and leave TC-MORBOW MOEN-' INO, at Eight o'clock, ?.nd Edlsto THURSDAY Moay LN'Q, at Eight o'clock. For Freight or Passage apply on bo ird or to JOHN H. MURRAY, Marget Wharf, The steamer leaves again TUESDAY MOBNINO, 2?th instant, at One o'clock, und EJiato THURSDAY MoRNrso, at Two o'clock. 1* January 18 FDR BRUNSWICK, OX. _ ^rtH^j^ THE STEAMER "DICTATOR, " ??g?g rrTT Captain CH ABLES WILLEY, will touch at I his purni ever} WetnttJay, toaving Savannah a Sim: A. M., and on her return trip will touch there on Saturday Afternoon, arriving bick at Savannab on Suntlay Morning. J. D. AIKEN ft CO., November 24 Agents. ~~ F??TT* AL AT li. A j F LU Rt U A, Vr.v SAVANNAH, FERNANDINA AND JACKSON VILLE. ?w THE FIRST-CAS3 STEAMER _? DICTATOR, Captain CHAS. WILLEY, will sa!I irom Charleston every Tuesday Evening, at Eight o'clock, tor tbe above-points. The first-class Steamer CIT? POINT, Captain WM. T. MCNELTY, will rail from Charleston every Satur? day Evening, at t?i?ht o'clock, for above points. Connecting with thc Central Railroad at Savannah for Mobile and Ne ft Orleans, and with t'ie Florida Railroad at Fernandini for Cedar Keys, at which point steamers connect tvith New Orleans, Mobile, Pensacola. Key West and H*vana. Through Billa Lading given for Freight to Mobile, Pensacola and New Orleans. Doth steamers connecting with EL S. Hart's steam - ers Oclawalia and Griffin for Silver Springs and Lakes, Griffin, Eustis, Harris and Durham. All freight piyaulo on the wharf. Goods not removed at sunset will be stored.at rlsl and expense of owners. For Freight or Passage cngagemet t, apply to J. D. AIKEN ft CO., Agents, South Atlantic Wharf. N. B.-No extra charge for Meals aod statori-oins. Steamer City Point will touch at St. Mary' i, Ge o. going and returning each week. November 21 FAST FR KIGIIT LIN JE TO AND FROM BALTIMOBE, PHILADEL? PHIA, WASHINGTON- ? OTTT, WILMINGTON, DEL., CINOINNATT, OBIO,-BX. LOOTS, MO., AND OTHEB N O RT H WES FERN CITIES. ? /vir'^a THE FAVORITE AND SWIFT 8vT8W Steauiiihlp SEA G?LL, N. P. ?~<??Kiii?'il4 DUTTOH Commander, will sail for ^*=si?=?? Baltimore on TUESDAY, the 19th of January ot Four o'clock P. M., irom Pier" No. L Union Wharves. 'Philadelphia Freiguts delivered promptly via "Baltimore. Wilmington and Philadelphia Rai]roacV, For Freight or passage, apply to - COURTENAY & TRENHOLM, January 16 3 . Union Wharver. FUR LIVERPOOL. THE FTR8T-OLA9S IBON STEAM? SHIP ST ATIBA, capacity 1800 balea cotton, HOBEST T. WAY Command? er, is now receiving Freight, and will sail on 26th instant For freight engagements, apply to January 16_WM. O. BEE & CO. . DIRECT STEAM COMMUNICATION BE? TWEEN CHARLESTON AND LIVERPOOL. CH ABLESTON AND LIVERPOOL STEAMSHIP LINE. THE FIRST CLASS AND POPU ' LAB Iron steamship "GOLDEN 'HORN," H ABBY 0. MGBEATH Com _imander, is now en har passage to this port from Liverpool direct, and is expected to arrive on or about the 16th instant, to sail hence for Liverpool on fl ret February. For Freight or Passage apply to HO BERT MURE & 00. January ll_ Boyce's Wharf, INLAND ROUTE. THROUGH TICKETS TO FLORIDA. CHARLESTON AND SAVANNAH STEAM PACKET LINE. VIA EDISTO, BEAUFORT AND HILTON HEAD, OOnoMEBM WITH THE ATLANTIC AND GULF RAILROAD AND CONNECTIONS FOR ALL POINTS IN FLORIDA. THE FINE, FAST STEAMER _ J PILOT BOY, Captain Fura PEUX, win leave Charleston on MONDAY and THURSDAY MOBS rso? at Eight o'clock. Returning, will leave Savannah TUESDAY Moaxrsaa at Eixht o'olock, and FBIDAY AFXEBNOON at Two o'clock, touching at Edtsto on THUBSDAY trip from Charleston, at Eleven A. M., and leaving Edie w at Nine A. M, SATURDAYS, on re? turn trip. The steamer will touch at Bluffton and Ohiaoun's, each way, every two weeks, commencing with trip of January 21st For Freight or Passage apply to JOHN FERGUSON, January ll . Accommodation Wharf. AGENCY HE-ESTABLISHED. INSURE YOUR PROPERTY IS THE MA FIRE MASH COMPANY, OF HARTFORD, CONNECTICUT. Chartered Capital.$3,000,000 00 Assets January 1, 1860. 5,150,931 71 Losses paid In fifty years...83,500,000 00 THE ABOVE, IN CONNECTION WITH HIS OTH? EB OLD RELIABLE COMPANIES, will enable the undersigned to underwrite risks on ALL KINDS OF PROPERTY to an unlimited amount A. H. HAYDEN, FIRE AND LIFE AGENCY, . Corner King and Haael streets, january 18 mwt3 C RAFTSMEN'S Life Assurance Company ' OF NEW YORK. Office i Park Bank Building, NM. 914 and 916 Broadway. CAPITAL).$940,000 COE ADAMS, President WILLIAM T. PHIPPS, Vlce-President; HENRY BELSEN, Secretary. J. T. HUMPHREYS, A(eat fer State of South Carolina, 0 mee No. 37 Bread-street J. S. BUIST, M. D., Medical Examiner. 49* SUB-AG&NT8 wanted throughout the State. Apply by letter to J. T. HUMPHREY8", General Agent m December T SOUTHERN STENCIL MANUFACTORY E. H. RODGKERS MANUFACTURER AND WHOLESALE DEALER IN STENCIL STOCK AN3 DIES, STEEL LETTERS AND STAMPS CHECKS AND TAGS BRASS AND GERMAN SILVER KEY? RINGS, CHAINS, Sic. BY THE GALLON OB BARREL. AGENT'FOR HILL'S PATENT HAND STAMPS SEAL PRESSES BRANDING IRONS, die. No. 129 EAST J? A Y-STREBT, CHARLESTON, 8. C. 03- Call and examine specimens. january 16 _ 3mos ADVERTISE FOR THE SPRING TRADE WITH TUE ADVERTISING AGENCY OF WALKER, EVANS & COGSWELI-, No. 3 BROAD-STRE&T, FREE READING} ROOM, (SECOND STORY.) CONTRACTS MADE ON THE BEST TERMS WITH Three Hundred Southern Papers. Januiry i mwthsl6