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

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?01t Ii VOLUME VIL-NUMBER 1057 CHARLESTON, S. C., MONDAY MORNING, JANUARY 18, 1869 FIFTEEN CENTS A WEEK. BY TELEGRAPH. EVItOFE. TH\^JSTITUDE OF GREECE. PARIS, January 15.-Tho confercnco on the Eastern question meets again to-day. It i8 generally believed this session -will be final. It is reported on oreditablo authority that (M. Rangabe, tho Grecian minister, bas benn iii: structed to announce that Greece is resolved to reject the decision of the conference if oor tain demands in tba Turkish ultimatum aro supported by that body. AU indications are that Greece is bent on ww. A dispatch from Athens Btatos that King George is preparing to retiro to Nauplia. Tho Powers have rcasou to hopo that Eiis aia will also concur in their demand on Greece. Tho Constitutionnel oi this city predicts that Greeco will submit to tho voice of thc confer? ence. TREATS BETWEEN GREAT TiTt.lTAlN AND Alli:SI? CA-THE CONFERENCE - PARLIAMENTARY ELEC? TIONS. LONDON, January 16. -Johnson and Claren? don have signed a treaty for the settiemant of the Alabama claims. The treaty for the settlement of the Ala? bama claim? elicits favorable comments from journals. The Great Powers, except Russia, have unit? ed in demanding from Greece a withdrawal of her objections to tho conference as at presout constituted. A large and enthusiastic nieotiug has been held in favor of ballot in parliamentary elec? tions. POSTAL ORDERS BETWEEN GERMANT AND THE UNITED STATES. BREMEN, January 16.-The money order sys? tem, between large North German towns and the United States, commences on February 1st. Amounts are to bo limited to about fifty dol? lars. The business will bo done by agents, the North German Lloyds' Pos tornee Depart? ment having declined to enter into the agree? ment. THE SPANISH MONARCH?. MADRID, January lg.-Dos ta and Mont pen - Bier will be prominent rivals for tho throne should the Cortos declaro for monarchy. Generals Riscusta Cologne and Manuel Ga? ze! t have been arrested for conspiracy. RIOTS IN FLORENCE. FLORENCE, January 16.-Riots, occasioned by attempts to collect tho mill tax, are frequent. Tho military is freely usc for their suppo? sion. Twenty-six rioters nave been killed and wounded. THE VERY LATEST-THE RESULT OF THE CONFER? ENCE. PARIS, January 16.-Another session of tba conference was held to-day for tho purpose of affording an opportunity to the members io sign tho declaration of its opinion. La Pub? lique, a newspaper, says that the declaration asks Greece in the interest of the European powers to suppress all banda and vessels in? tended for incursions into the neighboring States of the Ottoman Empire, and counsels Turkey to withdraw her ultimatum. Io con? cludes with an expression of hope for a speedy renewal of diplomatic relations between Tur? nkey and Greece", , . THE SPANISH ELECTION. MADRID, January 16.-The election in this city and in most of the provincial towns was carried foi the goverement candidates. WA SUING TON. A TREATY WITH GREAT BRITAIN-CLOSE OP TEE INDIAN WAR - 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 Eti"??aud, folly recognizing the naturali? zation law of the United States, and abolishing the lo';al principle heretofore maintained in Great Britain, of indefeaaibility of native alle? giance, and a treaty for the adjustment of all claims, inoluding the Alabama claims, by com? mission to sit at Washington, with stipulation to refer, when necessary, individual claims to the head of a friendly nation. General Sherman telegraphs from St. Louis that a letter from SUeridxn represents the de atruotion of the Camanche village on Christ? mas day as breaking the backbone of the In? dian war. Eight ehiefs eame to camp bogging tor peace and permission for their people to come in, asking no terms beyond a paper pro? tecting them from troops while eoming. Th ny report their people starving, all their dogs eaten, aud no buffalo. Sheridan denies that Llack 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. Tho Virginia committee have beon receiving official visitors to-day. Groat importance is attached to the interviews at their rooms though no details aro published. The commit? tee will visit Judge Chase in a body to-night The committee, with the concurrence of lead ing members of both Houses of Congress, en? gaged in the preparation of tho bill designed to carry ont the arrangement agreed upon. They will remain here until the work in which they are engaged shall assume an entirely satisfao tory shape. A committee of the Colored Men's National Convention waited on the Judiciary Committee and asked for suffrage in the North aud West Tho*Judiciary Committee promised that Con gress would take action in the matter in eh ort time. The agricultural report shows that laat year there were produced in tho United States 905 000,000 bushels of corn, and 2,380,000 bates of cotton. The cotton is distributed as follows North Carolina. 140,000; South Cuolina, 180 OOO; Georgia, 290,000; Florida, 35,000; Alabama 285,000; Mississippi, 400,000; Louisiana, 250,000 Texas, 26 .-,000; Arkansas, 265,000; Tennessee 200,000; other Statos,'75,000. The report saya - that the estimate is below rather than above the actual viola, and that it is not-made for districts or ports, but for the States separately Seward has sent to tho Sonate a treaty be tween the United States and Great Britain whereby the disputo about tho boundaries of the Inland of San Joan are referred to Switzer land. __ CUBAN AFFAIRS. THE REVOLUTION \RY EMANCIPATION MANIFESTO HAVANA, January 15.-The original copy m the so-called emancipation proclamation, issn e& by the revolutionary General C?spedes, has been received here. It does not, as repotted, abolish ajavery at onoe, but counsels owners to give their slave? ( their freedom and leave ultimate decision to the people, who, et their pleasure, may decide upon immediate emancipation, coupled with indemnification of those owners who fro favor? able to tba revolutionary OBUM and yet unwil? ling to part with their property. The general's principal objeot in the issuing of tho proclama? tion appears to be the utilization of the ser? vices of the blacks as a military necessity. SPARKS FROM TUE WIRES. By the now allotment of the judgeB of tho Supremo Court, Judge Swayne has tho fifth and sixth circuits-tho former of which was Judge Wayne's circuit. Advices from Mazatlan represent great dis? content against Juarez1 government; open re? bellion is noon oxpeoted. Don Piase ido Vego s mentioned as tho leader. Tho Allies lost six thousand in capturing Yilleta. Tho American Minister McMahon was in the Paraguayan carno dui-ing tho battle. The Virginia Republican Stato Central Com? mittee are called to meet on January 27th, to oonsidcr tho propriety of calling a new State convention. It ?H understood that tho new convention is to consider 'ho nomination of now candidates for governor and other offi? cers. Tho examination of tho Ogoechoo prisoners iii Savannah ? ^?atih?ecl.*' The evidence so far shows that Gjueral Sibley's report was incor? rect in tho main particulars, the facts regard? ing tho troubles being omitted, or not ascer? tained. In the Georgia House of Reprcsentstives, on Satui day, a motion to rescind the act unseal? ing colored members and that they be reseat. (jd, was lost by a largo majority. Notice of contest has been served en all thc new Louisiana Congressmen, to whom certifi? cates have been issued, excopttkatof L. A. Sheldon. Groat 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 correspondent writing on tho lOib inst, says : "Prom his remarkable condi? tion of reticence, General Grant seems to have passed to that of a man who has his own views, and wo know human nature well enough to bo aware of the fact that a man having views is very apt to expresa thom. Within the 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 spoke freely and at length. Thc President elect has certain work on hand that, he cannot accomplish without consultation, and, being a sensiblo man, he proposes to tako the necessary stops to ac? complish his work. Keeping this fact in view, and looking back over his career so os to get a clew to his advisers, and hearing calmly the current of talk and comparing notes, I have satisled myself that I can name four out of seven of tho Cabinet he will announce, after the iib of March next. Now, I do not pretend to have gained a particle of information from tbe great Mogul himself. I only give you tho gen? eral belief of the shrewder set, sifted through my own opinion, and at the present writing the Cabinet stands as follows: Stanton as Secretary of State ; Wella, Secretary of the Treasury ; Washburue, Secretary of the Interior; Scho? field, Secretary of War; Sohenck, Secretory of the Navy; Greeley, Postmaster General; Ed? wards Pierrepont, Attorney General." ??tasaro? s?WISE ai^? Wffl$t?t& I**AJUU5T3? ?jj During the debate on the Sue Murphy case in the United States Senate on Thurday, Sena? tor Sawyer, of South Carolina, read an argu? ment in favor of the bill. He was not quite satisfied of the loyalty of MiBS Murphy previous to the arrival of the United States army m Decatur, and as she was then only sixteen years old, he thought it very doubtful that she had formed any opinions on the subjeot of loyalty or disloyalty; but ou the general question of the right of loyal Southerners to be compensated for their prop? erty taken and used as hers had been, be felt very strongly, and he hod been surprised and shocked by the ground taken by the opponents 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 South might be proved, to the satisfaction of those who desired such proof, to have been public enemiOB 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 the Southern loyalists, their suf? ferings and their sacrifices; but if he had hap? pened to hve for awhile during the war in a rebel State, he would undoubtedly have come to a difierent conclusion. Mr. Howard said he had not intended to cast any slur upon the lo j al men of the South nothing could have been further* from his thought. Mr. Sawyer was glad of it; but the language of the senator had given him the impression that he valued lightly the sacrifices 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 dming the war were public enemies, might be unanswerable; but ho appealed to that senator to say whether tho conclusion to which his legal logic had led him was not re? volting to his sonso of justice? If tho loyal people of the South v oro now, and had been all along, public enemies, why had the govern? ment made a distinction between them and the disloyal during tho war? Tho government during tho war did not determine who were its friends by law. The Union mn of the South, who adhered to tho government, did not hesi? tate about their duty ?util they could consult Puffcndorf. The Union prisoners at the South had not found it necessary to read Vattol in or? der to ascertain who were their friends. The polioy advocated by the opponents of this bill was most unjust and unwise, and he hoped it would not be adopted by the government. nSanrii, After many conferences between the Virginia committee and it? individual members with the Judiciary Committee ot the Senate and members ot the Senate and House, it seems te be pretty well understood that the following definite arrangement has been substantially agreed to : Following the precedent in the Missouri compromise, and the proceed? ings upen the admission of Oregon, Kan? sas ana Nebia ska, a bill will be prepar? ed authorizing the admission of Virginia upon the adoption of the proposed costi? tution, with the obnoxious ?lauses in rogar? to disfranchisement, test oath and probably some other objectionable features, stsicksn out. When this bill shall be passed, it is be? lieved'it will be followed by un amnesty bill, either universal or with very lew except ions, to tako effect ou the ratification of tho constitu? tion. It is said that this adjustment meets the approbation of General Grant, Secretary Schofield and a large number of the most prominent member? of both Houses of Con? gress. SUB MUBPHT. The action of the Senate in recommitting tba Sue Murphy claim to its committee is re? garded as a final decision of the claim upon the merit? so far as the present Congress is concerned. Before submitting the bill to a voto there was a quiet canvass which disclosed the foot that senators were not willing to abso? lutely reject Miss Murphy's claim, whiob has unquestionably justice in it, and yet there iras so much behind it, the aggregate of claims of that character, running into hundreds of mil? lions, possibly, that the majority of the Re? publican senators were opposed at thia juna ture to establishing the costly precedent in? volved in the case under discussion. Therefore it was deemed best to make a sort of non-com? mittal disposition of the question, and heneo the vote to recommit. WORKS TO A CHARM.- "Your machine works to ft charm. It doe? the work silently but ef? fectively. Although other sewers may be good, yet there are degrees of comparison which at? tach even to these, and vonni is entitled to the superlative.--f Richard Smith .?o the Willcox ? Gibbs 0. M. Co., Shanon, Conn., March 14. i an A ? ' ' H EHOM THE STATE CA VITAE. A Party at Governor Scott's-The Dis? cussion on. the Latterly ot* the Press Legislative Proceedings. [FUOM 0U11 OWN COBUESPONDENT.l COLTJMDIA, January IC-A vory successful surpriso party was givon at tho Governor's re? sidence last, evoning. AMOUR those prosont wero General Bomford and staff, General Con? nell and staff, Judges Kogo and Carpontor, Comptroller-General Neagle, State Treasurer Parker, State Auditor Tomlinson, General Stoibrand, superintendent, of the penitentiary, several members ot tho House of Representa? tives, and a number of the citizens of Colum? bia with their wivos. Tho party did not break up until 2 A. M.. and was both successful aud brilliant. The recent repoit going tho rounds of tho State papors that General Hampton will bo a candidate for the presidency of the South Carolina Railroad has no foundation in fuot. The Gcnoral himself, Ihave.the best authority for saving, lui* not indicated any desire for bud. an office, and his wann est friends, some of whom are among tho largest stockholders of the road, would warmly oppose his running for, or acceptance of, any such position. IN TUE HOUSE, on Fnday, was submitted the supplementary report of the Joint Committee on the Bank of the State, containing the pro? ceedings before Chancellor Lesesne, and the orders made by him on Decombor 30 and 31. C. D. Hayne introduced the following, whioh was laid on the table by a voto, on division, of yeas, 49; nays, 20: Resolved, That the reporter of tho Charles? ton Courier be expelled from the floor of this House. Elliott moved to take up tho resolution. He said that the correspondent of the Courier had made an attack on the members of the House, and especially upon W. J. Whipper, ot Beaufort, because of his opinion relative to the South Carolina University. Ho said that the reporter had siaco iusulted that member by grimaces and threats upon the floor of the House during its session, and that after the adjournment of the House the correspondent gathered together a party of students, in or? der, it is believed, to make an attack upon the member from BeaSfort. W. J. Whipper said : I rise to a question of privilege. I aid not urge the introduction of this resolution, but after much persuasion consented. I would slate that my attention was called toan artiole, which did mo great in? justice, in tho paper for which that reporter is supposed to write. I went to him in this House to ask an explanatiou, and certainly did not expect to be iusulted. I inquired of hi ai i f he was the correspondent of the Courier, and if he wrote the 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 Buoh a manner again I would, hold him re? sponsible ; and, so help mo ( Jod,' 1 will. After? wards, in my committee room, a member call? ed and informed me that a crowd of students had assembled outside, as bethought, with the intention of attacking me. I immediately went out, and they went away at. once. He said that he made this statement in justice to himsolf, and left tho mattor to tue House. The resolution was then taken up-yeas 84, nays 18. Elliott moved to amend by inserting the word "present" before tho word "reporter." Simmons moved a reference to a special com? mittee. Tho ameudment. was adopted. Jones moved tba: the reporter he denied en? trance to the hall. Dlr. Tomlinson was in favor of referring the, iiHibijjpji III ililli lin . . l. .... "?afc. Wilder said that he saw ihe students and warned Whipper. S. B. Thomson said that ho would vote all the time to exclude reporters who did such things. Whipper and George Lee said that they would not sit in the House if this reporter was allow? ed to remain on the floor. Bansier 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 he thought that the resolution should be nnani monsly adopted. The amendment that tho reporterbe denied on tran co to the hall was adopted. Purvis was not willing that a reporter should be excluded by a resolution that did cot 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 exclude 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 itself audits members against such conduct as is charged against the report? er of the Courier, we do not think it consistent with the dignity of the House t%pass such a resolution as this, whioh does not set forth the charges against the party, without first having an investigation by a committe of the House. REUBEN TOMLINSON. JOHN H. FEU?TER. H. W. PURVIS. JOHN CHESTNUT. J. B. HYDE. GEO. F. MCINTYRE." IK THE SENATE, on Friday, a bill to change the county seat of Barnwell was read the first time. Resolutions were adopted for the removal of the political disabilities of W. Huteon Wigg, of Columbia. . Tho following petitions for the removal of political disabilities were presented : Wesley' A. Black, of Abbeville; John Wilson of Ander? son. IN THE HOUSE, on Saturday, DeLarge intro? duced the following: Resolved, That the action of the House, ex-, duding from the privileges of the floor or gal? leries of this building the reporter of the Cou? rier, be, and the same is hereby, rescinded; and that a committee of five be appointed by the speaker to investigate the charges made by members of this House against said reporter; and that said committee report to this House the result of said investigation. He said that it was due to the House and to the reporter that the resolution be rescinded. A motion was made to indefinitely postpone the resolution. . DeLarge said that the reporter should have the privilege of an investigation, and he was not disposed to pronounce r.ny one guilty be? fore trial. A member of the House had told him that the statement of the designs of the students had been found to be incorrect. Elliott defended the action of the House, and Tomlinson hoped that the resolution wonld be indefinitely postponed. The question being taken, the resolution to rescind was indefinitely postponed. Yeas 49, nayp 40. i Je Largo presented the petition of merohants and tax-payers of Charleston, for aid from the State to relieve tho Savannah and Charleston Ra i ho i-.l Company and assist in rebuilding the road. Referred to the Committee on Railroads. Also, tho petition of the South Carolina Society for renewal of certain State bonds destroyed by fire. Referred to' the Com? mittee on Ways and Means. The following concurrent resolution was adopted: Resolved, by the House of Representatives, the Senate concurring, That the two branohes of the General Assembly will, on the 27th in? stant, proceed to eleot by joint vote a Presi fent and twelve Directors of the Bank of the tate of South Carolina. The following bills wero ordered to be en? grossed for a third reading: A bill to alter and amend an aot ootiUed "An act to close the operations of the Bank of the State of South Carolina." A bill to roguiate and provide for the 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 for vio? lation of the Homestead law. Notioe was given of the following : A bill describing the way and manner di? vorcements in the ?tate of South Carolina may be obtained; also. A bill dedaring a certain road in Greenville County ta a public road. A bul, to punish planters for discharging, wit hont not 190, persons employed-by-them in planting. 'X Tn i*s! MistsAT?, the concurrent resolution for the relief of tho disabilities of Wm. Hutson Wiarg, of Columbia, woe conourred in; also for the relief of Thomas O. Dawson, of Orange burg. The resolution from the House proponing to go into joint assembly on January 27, l o elect a president and twelve directors of the Hank of the 8tato, was referred to the Committee on the Judiciary. Mr. Corbin presented the petition of mer? chants and tax-payers of tho City of Charles? ton, praying a favorable consideration by tho General Assembly of such measures as will re? lievo the Savannah and Charleston Railroad ?md assure tho early rebuilding of said road. Referred to tho Committee on Railroads. A bill to amend an act entitled **An act to provide for the temporary organization ot the educational department of tho State," received its third reading, passed, and was ordered to be seat to tho House. Mr. Lunney introduced a bill to charter the Manchester and Augusta Railroad. Read first time. A bill to authorize tho ronewal ot State stocks or bonds, was made the speciai ordor for Thursday next, at 1 P. M. The Senate then went into executive session. THE HANK OF THE STATU. Proce edings in the Snprcau (fi Wtt. TUE PROCEEDINGS ON FBIDAY-ARGUMENTS OF MESSBB. HAYNE AND CAMPBELL-DECISION OF THE COUBT-THE PROCEEDINGS ON 8AT?BDAY. [FROM OUR SPECIAL CORRESPONDENT.] COLUMBIA, January 16, 1869.-It is mM three days since connsel commenced their heavy skirmishing in tho Supreme Court bj?r the Bank of the State, and yet the battle hoi Scarce? ly begun. The proceedings of Tim rad ay have been before yon. On Friday Mi. Kayne ?tarted out with three points : 1. That the cawse was not docketed in accordanco with the m?? of the conrt, whioh declares that all appeals t hali be docketed tho first term of the Appeal Court af? ter they are decided, and on or before fclr?sitting of the court. It had also been placed on tcp dock? et without notice to tho adverse party. ?& That the case in its present form is not en ti'. led to a place on the docket. It comes up bySwrit of error, and tho right to that writ do . a rjK apply in the caso of a Judge of the Supremat Court sitting at chambers. Tho only idea c a wit of error we have is a writ to a superior from an inferior tourt. What are inferior courted They are described in the constitution to be <5ae Cir? cuit Court, Probate Court, and Justioe^of the Peace. Io an act ot the present Legislature entitled "An act to organize the r'*promo Court," it is declared that "each of tb? Justi? ces of the Supreme Court shall have >?twer to issue writs of injunction, mandamus, quo war ranio. habeas corpus, and other remedia! writs, Bubject to^re-examination, affirmance o? rever? sal, and final adjudication by the moper juris? diction." Did the constitution or the Legisla lu?'O con? template that a single judge of tho Supreme Court, hearing one of these motions nfcham? bers, was theroby constituted an inferior court ? Most assuredly "not, tor iu that case would descend to the level of a magistrate; tl :, appeal from bis decision would, be to the Circa>4'Joart, and from thenee by writ of error UK cause would come before tue Supreme Beach, ^uch au idea is inconsistent with the genere.' c a: erne of tho judiciary department. It wou?rl be one of the most mischievous provisions of M o con? stitution, beoauBe it would bo an invitation to indireot practices and corruption. IV it wis desired to get rid of A supreme jud^v? ^ndor such a construction nothing^^wo??jy?i^!??i(jr and then resist his bearingtheffl^^7^ee3?i on the benah, after which some other person may be commissioned to fill his place. If the court roach the conclusion that the writ of error does not he in oases of this sort, but that another mode is provided by whioh any error in the judgment of a supreme judge sitting at chambers may be re-examined and revised, our third proposition is established, namely, that there is nothing in the nature of the pre? sent case to exclude the judge who granted the writ from sitting on the supr?me bench. Judge Willard, who had taken his seat for the purpose of participating in the hearing of the preliminary motion to q lash the writ of error, said be could not Bit in tho oapaoity of a judge as to his own qualifications. Mr. Hayne accordingly waived this point, and proceeded to enlarge upon the proposition that there is no writ of error from a judge of the Supreme Court sitting at chambers, but that after he has -Vocided upon one of these reme? dial writs, it shall, npon motion before him, be subject to re-examination, affirmance or re? versal, and final adjudication by the proper ju? risdiction. However strange it might appear, it was clearly the law enacted that the ease should go to the Circuit Court for decision. Mr. Corbin followed in reply. This case was put upon the docket by motion. The rule quoted does not apply to it. It remains, there? fore, with the court to determine whether the exercise ot its discretionary power was correct. The oase was not docketed on the first day of the term fot the simple reason that it could not be heard, and as under the law we are en? titled to a writ of error at any time within a year, the court exercised its own convenience. The Chief Justice remarked that when he took his seat upon the bench, he found it to be the practice to allow oases to be 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 tao question whether the writ of error applies to this case, it is the only proper mode to bring the case before the Supreme Court. That an appeal will not lie, is emphatically settled by the constitution. It could only come then in one of the modes known to tho common law. There is no doubt that the writ of error is ex? pressly provided for correcting errors of law in the Circuit Court, but still the question romains, how can we get the record from an inferior court? The common law practice, so far as we know, says by writ of error, or by a certiorari. The first is the true mode. The Supremo Court of the United States have adjudicated this question in the case of J. W. Ward and R. E. Call, 7th Peters, p. 683. On this Mr. Corbin commented at some length. As to the point raised, whether this is a {?roper court to revise the proceedings had bo? oro a supreme judge in chambers, it was olear that the Legislature established certain infe? rior courts, among whioh, to all intents and purposes, was one in which ? supreme judge was authorized to sit for specific purposes. Its jurisdiction was limited, for it embraced the issuing of writs of injunction, mandamus, quo ttarranto and habeas corpus. It was not a branch ot tho Cirouit Court, and it was not equ?! to the Supreme Court, yet it possessed certain judicial function.?. It was, therefore, an inferior court, ' Over which the Supremo Court has a supervisory power. That being demonstrated, it follow? that this sp?cial exer cisd ot judicial authority, no matter how con? ferred, must be examined in this court. Mr. Campboll follow 1, but his argument on tho points submitted and above discussed is suoh a mass of logie that bo brief synopsis would convey a proper idea of his "lino of thought. ' Mr. Chamberlain, tho Attorney-General, said that one of the oonsidorations introduced was that a proposition was pending to settle this question. Speaking for the State, ho was pre? pared to say that the State sees no prospect of any successful result from pending negotia? tions, and, further, that the only way in whioh to secure a successful negotiation was to press the case now. In rendering his decision,- Chief Justice Moses said he concurred in so much as declaros that the judgment of an assooiate justice at chambers can only beesaminod and revised by this court. Whether it is to be dono by a writ of error or on mere motion to revise, it waa not necessary to decide. The effect to both par? ties would An the same, for the case is hove, the record is here, and the matters assigned as error are in doa ni to form presentad to the court. He dissented entirely from the opinion of the court on the other question, to wit : the mo? tion to take un the cause for hearing. On De? cember 22, 1868, the call of the docket waa closed and the order to that effect entered on tho minutes. After this, counsel for relators Was allowed to docket the cause, and lt beiug subsequent to the period appointed by the rule, it was expressed as "docketed without pr?judice'* to thc other side, ?nd continued. On notice to respondents, a motion is now made to tako it up for hearing. 1 am satisfied there ie no precedent for such a course. It is true that a continuance is a matter of discre? tion, but it must bo regulated by sonio stan? dard of law or right. When a cause is once continued and notice of tho fact brought home to counsel, thoy aro supposed to dismiss it for tho present from thoir minds and arrange their time and attention for other engagements. Here tho permission to docket waa a favor to rotators, and without a regular and formal continuance without alloting accident, mistako or fraud, it, is asked that tho hearing shall now be had. Counsel concludiug that thc order wes to stand, made appointments at a distant point, and ' theso, without fault or blame on their part, they must no w foro^ro. It is said that t ho causo must be talton up becauso the State is a party, and interests of importance aro involved. A court must havo Known and recognized principios for its guidance, and tho State as a suitor bas no bighcr claim to its consideration or preference than the humblest fcitiaon. Huies of court, though extraordinary circumstances may abato the rigor of their en? forcement, should bc fixed aud stable. Associate Justice Willard, speaking for tho majority of the court, said: As to the motion to quash the writ of error, while it was a novel question, tho majority of the court would not occupy tho timo of counsel with its further consideration, especially as its consideration was not imperatively demanded in this case. Tho record of the case was before them, and they were of the opinion tbat they could pro? ceed to the con Hider it ?on of the questions in? volved. As regards continuance, the court bad full power over a case. Notwithstanding a contin? uance was entered they could restore it and order argument to proceed. A case may as well bo called after the close of tho docket as during its call. Tho question is ono of discre? tion, which should only bo exercised upon just and sufficient grounds. The relator had urged public considerations as rendering an early argument expedient; bad stated that the judgment of the Supreme Court was necessary, in order that further legislation might be obtained from the General Assembly. Tho majority of the court could not assent to the doctrine that they were not at liberty to notice the fact that the State was a party to tho record, and that the interests in? volved were public into'csts. Ou the other hand, tho 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 tbo hearing of tho oaso, bub is not allowed as sufficient ground in itself for losing a term. The continuance would be vacated and tho cause restored to the dock? et, but tho respondents would be at liberty to urge such matters as are appropriate in refer? ence to fixing a convenient day for the hearing. The court then adjourned. On reassembling to-day, (Saturday) Mj. Chamberlain moved, by order, that Judge Wil? lard be declared disqualified by reason of bis having sat in an inferior court. The point was contested by Messrs. Cambell and Hayne, but after consultation with Judge H?ge, (Judge Willard being absent) the Chief Justice de? cided in favor of the motion, and Judge li. ' IS. Carpenter waa acpordingly duly commissioned by the Governor, and took bis seat upon the bench. Mr. Campbell then again moved for a con tmuancryofc, the^ase, on grounds si-nilar to those made the previous day. They wore en? tirely unprepared to go into tho case. Bulo 100 of the Appeal Court mado certain condi? tions necessary, which had not been complied with by the other side, and taking all the cir? cumstances connected with the sudden aud hurried mauner in which the case had been pressed for a hearing without due notice, it was a proper opportunity for the exercise of the discretion of the court. Mr. Coi bin professed to bo astonished at the motion, and called for the leading of an oider which, notwithstanding the closing paragraph of Justice Willard'a decision, was signed only this morning before the meeting of tho court. The order fixed to-day for the hearing. Mr. Campbell read rule one hundred, which recites J that the grounds of appeal, record, citations, ' fc?Hriat^JMii^o shall bo funiigh ed counsel, ana said they Bad n?t been sop plied, and that this rule was of itself a bar to such a peremptory order. They could not forego tho 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 minntes,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 had 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 Einal order of continuance was as distinct and hiding upon the court as the order they had 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 court adjourned. F. G. ra F. AFFAIRS IN TBE STATE. Orangeburg. Colonel P. A. McMiohael died on Tuesday morning, at his residence about three mile s from Orangeburg. Chesterfield1. The Circuit Court conveaed at Chesterfield Courthouse on Monday, the 4th instant, and was in session until Friday, presided over by Judge Rutland. One oase of murder and three of larceny wore tried which oooupied four days of the session. Oeonee. We learn tbat the Postoffice in Piokens Coun? ty, known before the war as th? Campground, has been re-established. The County Commissioners have divided Oeonee into eight townships. The surveyor is now engaged tu preparing plats of the same. Camden. The oase of the State against White, for big? amy, resulted in a verdict ot guilty. Shortly af toi being remanded to jail ho effected an escape. In the Circuit Court, the base of the State vs. Louisa Deas and Lula Collins, for murder, resulted in the speedy acquittal of the parties. The trial of William Kelly for the murder of Mack Kirkland, colored, was taken np on Mon* day mornmg, and was given to the jury on Tuosday ai tenu on. The jury, after being out a very short time, returned a verdict of not giulty. Marlboro'. The following Masonic elections have taken place : Marlboro* Lodge-Josiah Gay, W. M.: Chae. 8. McCall, S. W.; D. D. MoOoU, J. W.; T. E, Dudley. Treasurer; T. A. Sutherland, Secre? tary; C. S. Emanuel, S. Dj J. R. Cook, J. D.; Henrv Edens, Steward; W. H. Parham, Stew? ard: A. H. David, Tiler. Marlboro' Chapter No. 80.-Harris Coving? ton, High Prient; Josiah Gay, King; H. G. Lucas, Scribe; J. C. Danbar, Captain of the Host; Frank Manning, Principal Sojourner; H. R. Easterling, Royal Arch Captain; W. B. Alford, Grand M tBter of the 3d veil; Elmore Allen, Grand Master ol the 2d Veil; A. K. Par? ham, Grand Master of the 1st Veil; C. S. McCall; Treasurer; T. A. M. Cook, Secretary; M. C. Cox, Sentinel. Lancaster. The roads are represented as being almost impassable between Lancaster and Charlotte. The wet weather continues, and but little or nothing can bo done on tho farm. Peter Biggins, on application by habeas oor ?U8 bofore Magistrates B. J. Witherspoon and ohn C. Si;crest, was, at Lancaster, on tho 11th inst., discharged from imprisonment. Mr. R. waa imprisoned on a letter signed by,John B" Hubbard, Chief Constable of the State, per JJ. Clk. This letter stated that information had boon received from tho deputy constable at Oro, Chesterfield County, that Peter Biggins, convicted of arson, was at large in Lancaster County, and instructed R. W. Cousart to arrest bim. There was no copy of the sentenso of any court, and no statement of . the time and ?'iaoo of his alleged conviction, and no alloga ion against what State he was an offonder. And upon* this State of facta, J. H. W. Cousart caused his arrest and confinement in the dun? geon of Lancaster jail. fUealand. The Columbia Pheonix says that eight color? ed mea were arrested several weeks ago, on .araicilm of being connected with the murder of. Dr. E. C. Shall, of Laurena County, tn. No? vember last. On Friday last two of them were brought before Jud go Willard, 'and, after a bearing of the oase, were released on their own reooguioanoe. On Wednesday, the other nix wero brought before Judge Hogo, and reloascd also. The Rev. J. Maxwell Pringlo, of ?Columbia, having accepted an invitation to tho Rector? ship ot' St. Paul's Church, Henderson, Kentuc? ky, at a late nicotine ot the vestry, tho follow? ing resolutions were unanimously adopted: Resolved, That we aro truly grateful to our beloved pastor, the Rev. Maxwell Pringlo, for his zealous and untiring efforts to rebuild our church, and deeply regret tho circumstances which compel bim to sever his connection with tho congregaration which ho lias so long and so faithfully served. Resoloed, That ho carric3 with him into the now hold in which ho 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, defeated candidate for tho Fourth Congressional District, has fur? nished Colonel Simpson, who holds a certifi cato and commission, with notice and grounds of "contost." The document is most formi? dable in volume, and charges a fearful array of enormities upon tho good Democrats of tho Fourth District. Major Bdward Anderson diod on tho 8th in? stant, at his residence in Greenville, in tho 85th yoar of his age. Ho was born iu Union Dis? trict. He was appointed nostmastor m 1813, and held that position until the close of tho late war; he, however, held the samo position provious to 1843, when he was again appointed. - Clarendon. Monday last being sales day many people wore in town from all sections bl the district, presenting an unusually lively appearance, re? minding us of thc palmy days of ?ur once thriving towns and villages, and we thus had reasons at least to hopo that there was bettor days in store for us. A good deal of property changed hands; many persons being interested, the bidding waB quite liveiy. FIRE IN SAVANNAH.-The Savannah Repub? lican of yesterday says: "This morning about half-past two o'clock, a fire broke out in tho back part of Mr. W. D. R. Millar's oil Btore, No. 157 Bay-atreet, a few doors west of onr office. The llamos spread with great rapidity, owing to tho combustible nature of tho stock in tho store, and soon extended to the carpen? ter shop of Mr. Killoren, in Bay-lano, which was filled with lumbor, completely destroying tho contonts of that establishment in A very short time. Mr. Millar's stock was entirely de? stroyed or damaged by water. At one time tho flames caught the rear portion of the Pulaski House outbuildings, in fact several of the window frames wore seriously damaged. The fire also extended to the roar of the grain and feed store of Mr. C. V. Hutchins, next east of Mr. Millar's establishment, destroying bis en? tire stock. Mr. W. D. R. Millar estimates the value of his stock at $10,000; insured for $5000. Several lawyers who bad offices in tho second story, lost all their furniture and books, and a family and a number of single gentlemen oc? cupying rooms in tho second 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 bc de? stroyed, and when tho Republican went to press the Aro was still burning, but was thought to bo under control." - pipping. FUR PHILADELPHIA-EMPIRIC LISIE. j. j-x THE 80HOONER SURPRISE, SY.YIMES Master, having nearly all her cargo engaged, twill sail in a few days. For engagements ?apply to H. P. BAKER & CO., January 14 No. 20 Cumberland-street. PUK lilVKKPUOL. THE. FIRST CLASS DANISH BARE v KAMMA FONDER, Kaoon Master, having ? par f of cargo engaged, will have dlsptach. For Freight engagements apply to WILLIS & CUISOLM, January 8 Imo North Atlantic Wharf. 1 FUR LIVKKPOOL. THE NEW AND STRICTLY Al SPAN? ISH SHIP "PEDRO PLANDOLIT," AMEN ?OCAL Master, having large part of ber -T^1^^ . <??3?Ai>fccQd anrl. ????,.?<* on boan;, will load withdispatch/-. r':" V For further Freight engagements apply to W. P. HALL, January fl 15 Brown & Co.'s Wharf. PUR LlVERfOOb. THE FINE AMERICAN SHIP "AME WLIA, THO*. BOOKHAM Master, is now ready > for cargo, and being ol small capacity will .have dispat oh. For engagements ajply to PATTERSON & STOCK, January 5_8outh Atlantic Wharf. FOR LIVE ll POO lT. THE Al CLIPPER BARK LIZZIE H., t Bramo, Master, having about two-thirds ?of her cargo engaged and going onboard, ?will have dispatch for the above port. For freight engagements, apply to Januarys_STREET BROTHERS k CO. FOR LjlVJKlRJPOOfi. THE FIRST CLASS BRITISH BABQC t W. G. PUTNAM, RICKARD Master, ha vin ?a large part of her cargo engaged, will loa ?with dispatch. For balance freight engagements, apply to WILLIS Ic OHISOLM, December 21_North Atlantic Wharf. EXCURSIONS AUUVNDTHE HARBOR. THE FINE, FAST SAILING AND COM FORT ABLY appointed yacht ELEANOR kwill resume her trips to historio pointe in .the harbor, and will leave Government Wharf daily at Ten A. M. and Throe P. M. For Passage, apply to THOM AS YOUNG, December 18 3mo Captain, on Board. FOR PH1L.AOESLPHIA. THE STEAMSHIP PROMETHE? US, A. B. GRAY Master, will leave 4Atlantic Wharf tor above port on ?THURSDAY, 21st instant, at ll A. M. For Freight engagements apply to JOSN & THEO. GETTY, January 16 North Atlantic Wharf. FOR MEW ?UU11. REGULAR LINE EVERY THURSDAY, PA SS AO lil RBUIIOBD TO St?. TBE STEAMSHIP SARAGOSSA, ' Captain C. RYDER, will leave Vundor Miorat's Wharf on THURSDAY, Jan ?uary 21st, at Twelve o'clock M. January ld_RAVENED te CO.. Agent?. TH AV Ki IA* tl. US PASSlN? lUltOlJUU CHARLESTON EN ROU TE TO FLORIDA, AIKEN And other places, should not fal to lay in their supplies of PROVIS . IONS, CLARETS. CHAMPAGNES CORDIALS, BRANDIES. WHIS KIES, WINES, CANNED MEATS. SOUPS, Bc Pates of Wild Game and Devilled Ham for Sand . Wiehes and Luncheons. ?39*3end for a catalogue. WM. S. CORWIN & CO., No. 275 King-street, Between Wentworth and Beaufain, Charleston, 8. C. Branch of No. 900 Broadway, corner 20th street, New York._October28 FOR KDISTO. ROCKVILLE, ENTERPRISE, AND WAY LAND? INGS. THB STEAMBR ST. HELENA, _JCaptain JAMES G. RBMLBI, will re at rms DAX and leave TO-MORROW MOBR ght o'clock, and Edisto THURSDAY MORN mo. at Eight o'clock. For Freight or Passago apply on board or to .JOHN, il. MURRtY, T Market Wharf, The steamer leaves again TUESDAY MOBKINO, 26th instant, at One o'clock, and .Bdlsto THURSDAY MOEN IMO, at Two o'clock. 1* January 18 ' FOR BRUNSWICK, OA. r??E!S THB STEAMER "DICTATOR," Jb&?dallSSte Captain CHAULES WILLEY, will touch at this point evory Wednesday, leaving Savannah a Nine A. M., and on her return trio will touoh there on Saturday Afternoon, arriviug luck at Savannali on Sunday Morning. J. D. AIKEN lt CO., November 34_Agents. K?K T?AJ.A 1' IA A . V ?.OKI DA. VIA SAVANNAH, FERNANDINA AND JACKSON VILLE. THE FIRST-OASS STEAM BB _ DICTATOR. Captain CRAB. WILLEY, will Mil from Charleston every Tuesday Evening, at Eight o'clock, tor the above poluta. The first-class Steamer 01T? POINT, Captain War. T. MCNELTY, will natl from Charleston every Satur? day Evening, at Eight o'clock, for above points. connecting with the Central Railroad at Savannah for Mobile and Nsw Orleans, and with the Florida Railroad at Fernandina for Cedar Keys, at which point steamers connect with New Orleans, Mobile, Pensacola, Key West and ll ?van?. Through Bills Lading given for Freight to Mobile, Pensacola and Now Orl?ans, Both st earner t connecting-with H. S. Hart's tteatn - ert Oclavaha and Griffin fir Silver Springs and Lakes, Griffin, Eustis, Harrie and Durham. * All freight payable on the wharf. Goods not removed at sunset will bs stared at rink and expense .of owners. For Freight or Passage engagemen t, apply to J. D. AIKEN * CO.. Agent?, South Atlantic Wharf. M. B.-No extra charge for Koala and Staterooms. Steamer City Point will touch at Si. Mary's, Ge o. going and returning each week. J November 21 ? VAST FUKlUlIT LINE TO AND FROM BALTIMORE, PHILADEL PUIA, WASHINGTON CUT. WILMINGTON, DEL., CINCINNATI, OHIO, ST. LOUIS. MO., AND OTHER NORTHWESTERN CITIES. .j.^^. IHK FAVORITE AND RWIFT '?'? S-rew Steamship SEA GULL, N. P. 4SI?IB3affl4 DUTTON Commander, will sail for Baltimore ou TUESDAY, the 19tb of January at Four o'clock P. M., from Pier No. 1, Union Wharves. Philadelphia Fr-lights delivered promptly via "llaltiriiore. Wilmington and Philadelphia Railroad." Fer Freight or passage, apply io COURTENAY & TRENHOLM, _January 16 3 Union Wharves. Koli LIVERPOOL. ?HR THE FIRST-CLASS IRON STEAM ISM),. SHIP ST ATIBA, capacity 1800 bales cotton, ROBERT T. WAY Command? er, is now receiving Freight, ant will sail on '26th instant. For freight engagement!', apply to January 15 WM. C. BEE fc CO. DIRECT STEAM COMMUNICATION BE? TWEEN CHARLESTON AND LIVERPOOL. CHARLESTON AND LIVERPOOL STEAMSHIP LINE. yft/fr'^S'V THK FIRST CLASS AND POPU x^^fc^f^iLAR Iron Steamship "GOLDEN '^^iy^0?^HORN." IlAiutY C. MCBEATH ('om -??^S^KJ^^?m mander, is now on her passage to this port from Liverpool direct, anet t* expected to arrive on or about the 16th instant, to sail heuce tor Liverpool on first February. For Freight or Passage apply to ROBERT MURE & CO. January ll_Boyce's Wharf. INLAND ROUTE. THROUGH TICKETS TO FLORIDA. CHARLESTON AND SAVANNAH STEAM PACKET LINE, VIA EDISTO, BEAUFORT AND HILTON HEAD, CON.NECTINO WITH THE ATLANTIC AND GULF RAILROAD AND CONNECTIONS FOR ALL POINTS IN FLORIDA. r - ?nr^fc. THE FINE, FAST STEAMER .is&?HSa*. PILOT BOY, Captaba FENN PECK, will leave Charleston on MONDAY and THUBSDAT MORN? INGS at Eight o'clock. Returning, will leave Savannah TUESDAY MORNINGS at Eight o'clock, and FRIDAY AFTERNOON at Two o'clock, touching at Edisto on THURSDAY trip from Charleston, at Eleven A. M., and leaving Edisto at Nine A. M , SATURDAYS, on re? turn trip. The steamer will touch at Bluffion and Chisolm's, each way, every two weeks, commencing wtth trip of January 21st For Freight or Passage apply to JOHN FERGUSON, January ll Accommodation Wharf. _jhgttottce. AGENCY RE-ESTABLISHED. INSURE YOUR PROPERTY IN THE MA FIRE INSURANCE COMPANY. or HARTFORD, CONNECTICUT. Chartered Capital.83,000,000 0? Assets January 1, 1809. 8,100.031 71 Lauses paid la Oily years.. .33,800,000 08 THE ABOVE. IN CONNECTION WITH HIS OTH? ER OLD RELIABLE COMPANIES, will enable the undersigned to underwrite risks on ALL KINDS OF PROPERTY to an unlimited amount. A. H. HAYD1N, F1BE AND LIFE AGENCY, ' corner Fine; end Basel Streut?. January 18_> _mwfa_ ?J?.?.PTSMEH?8) Lifts Assurance Compon.v OF MEW YOBX. Odie? i Park Ba air Bnildlag, Nos. ?ld ans MB Bread ss ay. CAPITAL.?adO,oe? 08B ABAJOS, Priai ?at, WILLIAM T. PHIPPS, Ties-President. HBBBY B?LDEN, Besratssj. J. T. MUMPHRSYii, Agent lear 8tats af Routh Payanna. OflUs No. tT Bvoadetreet. J. 8. BVKT, M. D., Medisal Bairn. SST- IW-ABINTO waated tareagtoot the Stats. Apply >y letter te J. T. B?MPBBBTO, Bastean* Agent._ m _ Pansas her V Miscellaneous. SOUTHERN STENCIL M ANUF?CTORT E. H. RODGrERS MANUFAOIURER ANDWH0LE8ALE DEALER IN STENCIL STOCK ANO DIES, STEEL LETTERS AND STAMPS CHECKS AND TAOS BRASS AND GERMAN SILVER KEY? RINGS, CHAINS, die. BY TBE GALLON OR BARREL. K _? AGENT [FOR . HILL'S PATENT HAND STAMPS MEAL PRESSES BRANDING IRONS, die. No. 129 EAST BAY-STREBT, CHARLESTON, 8. C. 4Sr* Call and examine ?peel m ens. January 10_Brnos ADVERTISE , FOR THE S PR, INO TRADE WITH THE ADVERTISING A8ENCY OF WALKER* EVANS & COGSWELL, BO. 3 RROAO-STJiSfilCT, FREE READING ROOM, (SECOND STORY.) CONTRACTS MADE ON THE BEST 1BBMS WITH Three Handred Southern. Pap*rs. January ? mwthsla