The Charleston daily news. (Charleston, S.C.) 1865-1873, February 13, 1869, Image 1
VOLUME VII.-NUMBER 1080. CHARLESTON, S. C., SATURDAY MORNING, FEBRUARY 13, 1869. SIX DOLLARS PER ANNUM
BY TELEGRAPH.
TUE STATE CAPITAL.
THE ELECTION BILL PASSES THE SENATE-THE
INCORPORATION OF CHARLESTON COMPANIES
AND SOCIETIES -THE SAVANNAH AND CHARLES?
TON RAILROAD BILL FAVORABLY REPORTED ON
B? THE RAILROAD COMMITTEE-CONSOLIDATION
OF THE CHARLOTTE AND SOITTH CAROLINA RAIL?
ROAD AND THE ^COLUMBIA AND AUGUSTA RAIL
ROAD.
[SPECIAL TELEGRAM TO THE DAILY NEWS ]
COLUMBIA, February 12-IN THE SENATE the
following bills passed a second roading and
were ordorod to bo engrossed : A bili to iucor
. porato the Union Star Fire Engine Company of
Charleston, S. C.; a bill to incorporate the
Sumter Fire Eugine 'Company of Sumter, S.
C.; a bill to incorporate certain fire online
companies of Charloston, S. C.; a bill to
amand an act to lease the State Road running
from the County of Greenville across tho Salu?
da Mountain to Henderson, N. C.; a bill to
amend au act to define tho jurisdiction and re?
gulate tho practice of Probate Courts; a bill to
amend an act to regulato attachments; a bill to
define tho manner of confession of judgments;
a bill to authorize a loan for the relief of the
treasury; a hill to authorise the consolidation
of the Charlotte and South Carolina Railroad
Company and the Columbia and Augusta Rail?
road Company.
The following bills received a third reading:
A hill to confirm and declaro valid tho recent
election of Mayor and Aldermen of tho City of
Charleston; a bill to amend an act entitled "An
act to determine and perpetuate the home?
stead;"' joint resolution to authorize the Coun?
ty Commissioners of Oconee County to sell the
interest of the State in the Koowee and Tuck
aseegee Turnpike Eoad; a bill to incorporate
the Ashley Fire Engine Company of Charlos?
ton; a hill to regulate tho formation of incor?
porations; a bill to provide for the revision and
codification of the statute laws of South Caro?
lina.
Tho following acts were ratified : An act to
incorporate tho Mission Presbyterian Church
o? the City of Charleston; an act to enforce the
provisions of the Civil Rights bill of the Unit?
ed States Congress; an act to authorize the
building of a bridge to connect Btho Islands of
Wodmalaw and John's; an act to incorporate
tho Wilson Bridge Company; an act to incor?
porate certain Fire Engine Companies; an act
to incorporate the Citizen's Saviuas Bank of
South Carolina; joint resolution relieving E.
W. Oliver of a five per cent, penalty.
Corbin introduced a bill to prevent and
punish bribery and corruption, which was
read tho first time.
IN THE HOUSE, the bill from tho Sonate to
validate the Charleston election was read the
first time and referred to a committee, consist?
ing of tho Committee on Elections and the
Judiciary Committee.
The Charleston and Savannah Railroad bill
was reported on favorably by the Railroad
Committee.
The bill to incorporate certain societies in
Charleston was passed and sent to tho Senate.
Webb introduced a bill to aubhoriao Wilson
& Company to build a dock and collect whar?
fage, at Beaufort.
The Mount Pleasant and Sullivan's leland
Ferry bill was discussed until adjournment.
CONGRESSIONAL.
BINGHAM DENOUNCES BUTLER AS A REVOLU?
TIONIST-PRIZE MONEY FOR THE EEARSAOE
PROVISIONAL GOVERNMENT FOR MISSISSIPPI
BUTLER DEFEATED AND BOTTLED UP-MILI?
TARY AND POSTAL RAILROAD.
WASHINGTON, February 12.-The Spirit per?
vading the House may be imagined from the
fellowing extracts from yesterday's proceed?
ings :
Mr. Butl r. I take back nothing.
Mi*. Bingham. Then I ask the House lo
compel you to toko back your revolutionary
r?solution-that is something that the gentle?
man cannot retrace and I denounce it hero to?
day, before the House and before the people of
the oountry, as being as unwarranted as any
act ot secession. I denounce, as a representa?
tive of the people, this attempt to inaugurate
revolution on the floor of this House. I will
oppose the refereuco of the resolution, as
seeming to commit the House in some sort to a
challenge of your own law. How would it look
for us to refer another resolution suggested by
the speech of the gentleman (Mr. Butler), and
that is, that the House should be authorized,
to use the gentleman's language, if tho Sonate
would not retire from the joint convention to
kick it out. The gentleman from Massachu?
setts should bo the captain in the kicking
operation. [Laughter.] I think the gentle?
man cannot gainsay his speech in that which
brought down the galleries and split the ears
of the groundling, audit illustrated the animus
of his resolution. I denounce it hero as a reso?
lution of revolution-^! denounce it as a reso?
lution of anarchy. The idea of tho House
of Representatives kicking the Senate
of the United States I About the time
that you will have kicked tho law-making
power out of? existence, you will have
proved yourselves greater architects of
your country's ruin than did the million of
men who, for four years, waged war upon your
constitution and your laws, drenching your
land with blood and ridging it all over with
graves.
Mr. Butler (aside). I always did liko that
speech of Mr. Bingham's. [Laughter.]
Mr. Scbenck. I nave not the slightest idea of
proposing the consure ot the Speaker. I think
he was exoited liko tho rest of us.
Mr. Colfax. He was not.
Mr. Schenok. There is only a difference of
opinion about that.
IN THE HOUSE, the bill allowing tho crew of
Iho Kearsage ono hundred and ninety thou?
sand dollars prize money for destroying tho
Confederate cruiser Alabama was passed;
Tho Reconstruct ion Committee reported fa?
vorably on tho bill organizing a provisional
government ior Mississippi. It authorizes the
reassembling of the convention forthwith by
order of the president thereof,-isnd in case of
his failure to order it within thirty days, by
order of tho commanding general of the dis?
trict. The said convention, in addition to
its present powers, shall appoint a provisional
government, and may remove and appoint all
State, county and other officers of the provision?
al government, and authorizing tho provisional
governor to remove and appoint registrars and
judges of elections, and ai .omit to the people,
with or without amendments, the constitution
heretofore framed by the convention. The bill
exempts from, attachment or sale household
property or improvements to the value of $500.
It authorizes the convention to posa ordi?
nances. It is not to remain in session over
thi?ty dajB,or io have a per diem of more than
$5 and ten cents mileage. The ordinances will
remain ot force until disapproved by Congress,
or the State is admitted into the Union. Trials
for offences against the State shall be by jury.
The President of the United States may at any
time remove tho Governor and appoint a suc?
cessor. Poll tax shall not exceed $150 per
year.
After a severo straggle, But le v's resolution,
with accorap any in? amendment a. were tabled*
The bill authorising a military and postal
railroad between Washington and Kow xorh,
was passed by a vote of 100 to fri
WASHINGTON.
GENERAL LONGSTBBET-THE UNDERWOOD CASE.
WASHINGTON, February 12.-It is stated that
General Longstreet is a candidato for the New
Orleans colleotorship.
James Lyons, Esq., addressed the Supreme
Court in support of the suit of prohibition
against Judge Underwood. H. B. Guizon,
Esq., who represents Jeter Philips, released
from sentones or death for wife murder by
Judge Underwood's decisiou, was in court but
made no argument against the suit.
EUROPE.
THE CONSERVATIVES IN PARLIAMENT - A NEW
LEADER.
LONDON, February 10.-The Conservatives
are making preparations to carry on a vigorous
opposition in Parliament. Lord Cairns will re?
place the Earl of Malmesbury as iheir leader in
the House of Lords.
REMODELLING THE SPANISH NAVY.
MADRID, February 10.-Admiral Topete,
Minister ol' Marino, has issued goneral orders
for the remodelling of the Spanish Navy.
. MADRID, February 12.-The pity is profusely
ornamented in honor of the assembling of the
Cortes. Serano delivorod a congratulatory
address.
FAVORABLE ACTION OF THE GREEK GOVERN?
MENT-THE PARIS PRESS INDIGNANT AT AN
ASSERTION OP BISMARCK'S ORGAN.
PARIS, February 10.-Count Walowski has
left Athens on his return to this city. He is
bearei ofa satisfactory reply from the Greek
Government on all points to tho proposals of
tho Paris Conference.
Tho press of this city ?eny with much indig?
nation tho truth of thc assertion made by
Bismarck's orga;i in Berlin, to tho effect that
they have been bribed by the Prussian Gov?
ernment.
CUBAN AFFAIRS.
ATTEMPT TO BLOW UP FORT PRUNTER-THE
PLANTERS AND MERCHANTS ASSISTING THE
GOVERNMENT.
HAVANA, February ll.-A person painted
black climbed the outer wall of Fort Prunter
for the purpose of exploding the powder maga?
zine. He was slightly wounded by the senti?
nel. The planters have held a meeting and
passed resolutions guaranteeing a $9,000,000
loan, with one-tenth of their property. The
merchants bad a meeting to-night for the pur?
pose of raising money to aid the government.
DREADFUL STEAMBOAT DISASTER.
NEW ORLEANS, February 12.-A dispatch
from Jefferson to-day . reports the buming of
the steamboat Mattie Stevens in Caddo Lake,
Red River, lost night at midnight. Sixty-throe
lives wore lost; the survivors, forty-three in
number, were taken to Jefferson on the steamer
Dixie. Boat and cargo total loss.
FROM THE STATE CAPITAL.
Leslie and the Militia Bill-A Novel Pro?
cedure-The Savannah and Charles?
ton Railroad Bill-The Opinion ot* the
Attorney ?t? emeral Thereon-Its Early
Passage Probable.
[FROM OUR OWN CORRESPONDENT. J *
COLUMBIA, 8. C., February ll.-The Militia
bill came up again before the Senate to-day.
The original bill has boen committed, recom?
mitted and referred so many times as to almost
lose itu identity. It was passed by tho House
at thc special session, sent to the S?pate, re?
ceived its first .reading, and then quietly laid
over until the regular session. To-day it was
taken up for the fourth time with the report of
the committee.
Swails, chairman of the Committee on the
Military, made an able and vigorous speech
in favor of the immediate passage of the billt
but some friends of the measure were out
"eating groundnuts" just when the matter
3am e up, so Mi*. Leslie obtain oil the floor, and
and gradually growing warmer and more oarn
Bst as he spoke, produced such an effect ou
some lukewarm senators as to be able to carry
his point by a majority of one tote. He de
?cribed the affair aa a big job to be pressed
throuRU for.the purpose of giving ? few m
lividuals fine uniform?, brass buttons, big
socked hats, spurs, white horses, and big sala?
ries to pay electioneering expenses. But ho
.yarned Republican senators that it would bo
;he most powerful weapon that could be
ised to defeat the Republican party, and that
auster day, with a little whiskey, would afford
i splendid opportunity for the Democrats to
,est the merits of their Winchester eighteen
shooters. He moved that the bill bo referred
to a special committee of one, consisting of
'?he senator from Barnwell, with instructions
,o report a substitute, and that the same be
nado tho special order for Tuesday next.
Swails rose to a point of order and desired
tho decision of tho president ou tho question
whether, as against all parliamentary prac
ice, a bill could bo referred to a member who
.vas opposed to it in toto, as in the case of the
senator from Barnwell. At the request of tho
senator from Williamsburg, the rule relative to
the question as laid down in Jefferson's Manual,
pago 84, was read by the clerk.
The president decided that, as a question of
parliamentary law, it bad no direct application
in this caso. The senator from Barnwell had
sxpre-sed himself not wholly opposed to the
bili, but simply to some of its features.
After some attempts at "filibustering," Les?
lie's motion prevailed.
On motion of Mr. Leslie, it was
Resolved, That the message of his Excel?
lency the Governor, No. 82, and the bill there?
in referred to, be referred to the Judiciary
Committee, to report whether, the bill had or
had not beoome a law by reason of its non-re
tarn to tho- Senate by his Excellency within
the time prescribed by the constitution with
his approval or disapproval, and that they re
port on Tuesday next, and that their report,
bill and communication or mossage, be mado
tbo speoial order for that day at one P. M.
IN THE HOUSE, Sasportas, from the Commit?
tee on Engrossed Acts, reported as duly and
correctly engrossed for a third reading a bill
to amend an act entitled "An act to regulate
the manner of keeping and disbursing funds
by certain officers." The bill was taken up,
read the third time, passed and ordered to bo
sont to tho Senate.
O. D. Hay no iutrodncod the following r?so?
lution, which was adopted:
Jiesolo'.d, That the Committee on the Judi
clary is hereby requested, to report aa early as
practicable on a bul referred to thom to punish
persons violating Section S of Artiole AVI
the amendment to the Constitution of the
Unit, d States.
The Speaker announced the following named
members as tho committee of two from each
Congressional District to consider the bill and
Substitute to establish a Board of Commission
era of Public Landa, viz:
First District-Foritor and Lang.
Second District -Smalls and Jervoy.
Third District-L. Cain and Henderson.
Fourth District-Neagle and McDaniols.
Elliott then reported favorably <m a concur
rent resolution relative to the appointment of
joint committee to consider and report
the present railroad system of the State.
On motion of Mr. Tomlinson, the report
laid on the table to take np tko concurrent re
solution.
Tho resolution was taken tip, adopted,
ordered to bo sent to th? Senate for concur
roncr. Adjourned.
The early passage of the Savannah
Charleston Railroad bill, and its pto mp t
pro val by the Governor, is How confidently
ticipated by tb? (nonda of that important mea?
sure. None of tho objections urged by the
Govornor in the case of tho Greenville and Co?
lumbia Railroad bill apply to this bill. In?
deed, its loading features aro said to have ori?
ginated with the Governor himself. The fol?
lowing is the opinion, of Attornoy-Goneral
Chamberlain in regard to tho bill :
OFFICE OF THE ATTOBN?Y-GEVEBAL, }
COLUMBIA, S. C., February 6, 1869. j
ii. B. Elliott, Chairman Committee on Rail
roads, House oj Representatives :
1 KAU Sra-I havo too honor to submit my
opiuion, as called for by your communication
of the 3d instant. In 1856 the State authorized
the Comptroller-General to endorse tho guar?
antee of tho State upon bonds of the Charles?
ton and Savannah Railroad Company to an
amount not exceeding fivo thousand dollars
per milo.
Tho third scotion of tho act provides that as
soon as any such bonds shall have boon en?
dorsed, as aforesaid, they shall constitute a
lien upon road-bed and stock and equipment of
the road, and the State of South Caiolina shall
be invested with said hon or mortgage for the
payment of said bonds, with interest thereon.
The provisions ot tho act wore complied
with, the bonds of the company issued, and
tho guarantee of tho State endorsed thereon.
Subsequently the company issued other
bonds, and. to Becuro thom executed a first
mortgage riced, which was thus tho second
lien ou tho road and property of the company.
Again, in April, 1861, the company issued
other bonds, and secured them by a second
mortgage deed, in reality the third hen.
In February, 1867, the boudholders under tho
first mortgage deed foreclosed their mortgage
a nd sold thc property. It was purem sod by
the bondholders under first mortgage deed,
who wero subsequently incorporated as tho
Savannah and Charleston Railroad Company.
lt ia assumed that the proceedings in fore?
closure were regular and legal, and that ad
proper parties were made.
If this is correct, then, by the sa!e and pur?
chase, the Savannah and Charleston Railroad
Company took tho property of the Charleston
ind Savannah Railroad Company free from all
lien or incumbrances, except thc statutory lien
or mortgage to tho State to secure it against
its gnarancee of tho bonds.
The Savannah and Charleston Railroad Com?
pany havo now memorialized tho .Legislature
Tor permission to issue new bonds for the com?
pletion of thc road, and for the postponement
jy the Stato of its statutory lieu on tho road,
JO that tho same shall work hereafter as a
second in lieu of a first lien.
The question submitted to mc for considera?
tion i&: Can the Stato legally effect such post?
ponement of its lieu without tho assent of tho
parties holding the bonds guaranteed by tho
Stato?
Tho statutory lieu which the Stato holds is
ts indemnity against tho liability incurred,
the contract of indemnity is one made be?
tween the State-tho surety and the debtor
the corporation; and it is clear that thoso who
ire competent to make a -cont raet are compe
cnt, by mutual consent, to altoi or vary the
erm? of it.
Conceding tho equitable doctrine which al
ow8 the creditor to bo subr?gate.1 to, and to
ivail himself of, all tho scouritios held by tho
inrety, (Dearing vj. Earl of Winchelsea; Lead
ng Cases in Equity, 87; Wright vs. Marley, ll
jVesey, 21; tho docu-mo goes no further than
0 entitle the creditor to the benefit of the so
mrities which the surety holds. It is an equity
-rowing out of the relation of tho parlies, not
1 right derived from contract.
But the contract, for indemnity is a contract
jetwoen thc surety and the debtor, to which
hey alone are parties; and as the suroty is tho
party to be protected, it is for him alone to do?
nde upon the terms and measures of his iu
lemnity. Although the creditor may derive
>enefit from the indemnity, it is only iuoiden
ally. and through the surjty, that he derives
t. He cannot stipulate for himself or his in
erests, but must accept that whioh tbe surety
ias accepted as a sufficient identity. He is en
itled, in a word, to tbe securities whioh the
luroty holds, but not to determine what those
lecurities shall be. Any other construction
vould make the indemnity of the surety de
iced, not upon bis own judgment or his own
son tract, but upon the assent of ono (the credi?
tor) who was net a party to the contract.
The considerations above stated become
mich stronger when applied to a State.
To aid a work ot great public utility, the State
ndorses the bonds of the corporation. To
secure the bondholder, she pledges the faith
ind credit o? the State for tho ' pnnctual pay
neut of the bond. The indorsement of the
State is the security, upon the faith of which
the bond is taken.
To secure herself frqm loss by the indorse
nont, the Stato imposes a statutory lieu upon
the property of the corporation. But it is
sompetont for the State, with tho assent of tho
;orporation, to alter the terms of the con?
tract; or it may repeal altogether the law
?reating the lien. The considerations ofpolicy
nuler which the lien was enacted may have
;eased to exist. A duo regard to the public
lenofit, the protection of tho State and the
nterest ot the corporation may require that
he law enacting the lien should bo repealed.
These are matters of publio policy, and tho
ionsideratiou and determination of them be
ongsolely to the 'Legislature, and, if they
leem it proper, the law creating tho lien may
)e repealed or modified. The only limitation
inposed upon the power of the Legislature to
epoal existing laws is that the repeal shall not
livest vested rights, and shall not impair the
ibhgation of the contract.
Does the postponement of the lien in this
:aso do either?
As has been already stated, the creditor has
10 vested right in the security which the sure
y bolds. Ho has merely an equity to be sub" *
ogatod to them if they exist-and os they exist;
md a change of security which the surety re
rards as beneficial and aflordmg additional
ndemmty cannot, in any sense, be regarded as
repairing any right which the creditor has;
md still less can it be - cousidered a vested
ight. 1
Neither does a postponement impair, the ob
igation of the contract ; for tho only contract
11 the bondholder is in the bond, and tho obli?
gation of tbat ie not impaired, but is recog
iized, and additional protection is sought to
>e givdn to it.
Thc prac la cc ot the State has also been in
lomformity to tho views here expressed.
In 1885, when guaranteeing the bonds of the
louisville and cincinnati Railroad Company,
he State imposed a statutory mortgage as im
lemnity, and to that lien postponed all other
lob ts which the company then owed.
And when, iu 1865, tho State authorized the
Charleston and Savannah Railroad Company
o issue new bonds for the repair and con?
traction of the road, she postponed her lien,
ind made it a Second inonmbranoe, and this
vit bout tho assent of the bondholders being
'equired.
My opinion is that the State has the right to
postpone her hen ' and subordinate it to tho
nortgago to be executed to secare the bonds
lutborized by the act now proposed by the
present Legislature.
Very respectfully, your obedient servant,
D. H. CHAMBERLAIN, Attorney-General.
Charleston, S. C., February 5, 1889.
TEERA?US FOB BLONDE BAIR at tho Now Tork
heatro, having elicited some invidious com?
oon t? from tho cri tic of tbe Herald, the blonde
vhois just now the leading lady at Ni bio's,
?ornes out in the following tort card :
" NxniiO's GABDKN, February 3,1869.
?To the Editor of the Herald:
' I am really ashamed to trouble yon on a
mbjeot so very'unimportant ns-my bair, but
Tor the lengthy ar ti clo,, tb at appeared in the
Herald of Sunday last, in which my name is
Drought very conspicuously forward-excuse
nae if I am wrong-as a doak to give somo
:ritio a somewhat spiteful opportunity of con?
trasting real with imaginary 'blondes/ Now,
M I some time ago felt compelled to tell the
public, through the press, that my hair was not
brought to its present bne by any artificial
means, but that I was born a blonde and
blonde I will 'die,' it seems strange that the
writer ol the article in question should be ig?
norant of that fact, as it round publicity in sev?
eral New York papers ; therefore, it impugns
my voracity, And on that ground alone 1 beg to
trouble you with this letter, whioh I trust you
will kindly publish. I am quito,willing to sub?
mit my head, with its 'tawny' oolored and of?
fending crop, to be analysed, if sud a process
can bo effected ; and, as your critic facetiously
infers that I have little else either inside or
outside my head but my hair, X don't imagine
that any chemical procesa oan do m v much
harm. At any rate, as my hair seems to form
one of my chief attractions, its color and legiti?
macy must be protected by your most obodiont
servant, LYDIA THOMPSON."
TUE HOMES TEA JDQ TJA VT.
Opinion ot* Judge Carpenter Deciding
lt to be Unconstitutional.
Tho following is tho full text of tho recent
opinion of the Hon. B. B. Carpenter, Judge of
tho FirBfc Circuit, in which he decides tho
Homestead law of this State to be unconstitu?
tional: ? ? '
Joseph Purcell, for ike ute of C. B. Northrop, vs.
Dr. Jomet E. Whaley. i
On th* 27th day of M?y, 1,867, the plaintiff obtained
a judgment by confession Against the defendant xor
$3,308 70, with interest from the day of ita rendition,.
at twelro por cent per annum', and costs ot' suit. Ou
the ?ame day a writ of fieri facia* wa? lodged ia the
office of tho Sheriff of CbariestmVT^uuty (thea Dis?
trict). On tho 8th day of Jnue, 1867? J?urcell as sign?
ed tho said judgment to 0. B. Nsrthropfor a valua?
ble consideration. After delay, arising from causes
not necessary to bo here ?tated, the sheriff, under
and by virtue of t aid writ, leviod upon the planta?
tion of thc defendant, containing about four hun?
dred acres of land, and advertised tho same fer sale.
The dofendant gave notice to the sheriff, in writ-ng,
that he claimed a homestead under tho a< t of the
General Assembly, passed the9th day ot September,
1668. The case is now before this court, upon the
motion of the plaintiff, ta* order the sheriff to pro?
ceed to ?ell the prc pertyievled up*n, without refer?
ence to the provisions ol' mo act above mentioned.
Section 20, Article li (Constitution of State of
South Carolina.) provided that "a reasonable amount
of property as a homestead shall bo oxou pted from
seizure or salo for the payment of any debts or lia?
bilities, except for the piymont of such obligations
as ar-i provided for in this < onstttuaon."
Section 32. Article 2, provides that "the family
homestead of tho head ot each family residing in
this li ta to. such homestead consisting ot dwelling
house., outbuildings and lands appurtenant, not to
exceed .the valuo of one thousand dollars aud yearly
product thereof, shall bo exempt from attachment,
levy or Balo, on any mosco or flu al process i-u uod
fjom any court," By the same section, it is made
"tho duty of the General Assembly to enforce the
provisions of this section,l>y imitable legislation "
In the act ol the General Assembly, beforo refer?
red to, Section 1 provides that "whenever the real
instate of any hend.of a family, residing in this State,
shall bo levied upon by virtuo of any mesne or final
process, issued from aoy court npon any judgment
obtained upon any right of action, whether arising
previous o: subsequent to the ratification of tbs
constitution ol' the Statojof ?-outh Curolina, if tho
same bo tho family homestead of such person, the
sheriff or other ottcer executing said process, shall
:ause a homestead, such as the said person may
?elect, not to exceed the value of $1000, to be s:t off
to said per.-*on.'*
The single question lu this erse is, are tho provl
iionB of the roust,muon and the act of tho General
Assembly, above cited, within the provisions of tho
?lauso of the louth section of tho first article of tho
Constitution of the United states, which prohibits a
state from passing a law impairing the obligation of
iontracts? ' v ,
The difficulty lu determining this queBilou lies in
isocrt duiner whore the line of demiroation exists be
v.'on tho acts ot tho .Legislature, which affect the
remedy only, and those which, un 1er ttio pretence
>f affecting the remedy, do impair tie obligation of
he contract. Il has never been doubted that tho
Legislature has tho authority to pass suoh gent rut 1
a .vs in regard to remedies as may eeem most hu
nano aud wise, where the character and amount of
he exemption cto not substantially interfere with
he contract itself. Tho only question ls, does the
egislative act overstep that bound, and under the
tulse of legislation upon the remedy, attack and im
>air the obligation itself ?
In considering the case before me, two ques
ions present them sel ve* ir
First What ls meant by the term "obligation of
ontiMct, " as used "n the constitution; and second
y, what constitutes an impairment ol tint obliv?
ion ?
The highest legal authoriti3s have answered both
]uestlons A contract ls an agreement t3 do or not
o do a particular thiug specified therein, and its ob?
lation is that which binds the promisor to per
'orm the agreement. It ia not th > promise of tho
nero duty, but it is the remedy which the law gives
igainst tho defau.ting party.
. 'Ibis pro vi-ion ol t< e constitution was inserted to
:ompol the several sta's? to maintain the integrity
ind seoure tho faithtpl execution of contracts
;hroaghout the Onion. |?
The framors of that Instrument had before them
in thc legislation of tba f?ate?, anterior to the adop
ion ot the consumion, Sample exemplifications of
: he evils incident to the impair ino ut of these obli?
gations. Under the pressure of tho struggle for in?
dependence, many of tho States bad passed laws
i paid by
tlon ot the contracte. Property, real and personal,
might be tendered by the debtor in payment of his
obligation, and tho creditor was compelled to take
auch property at an exorbitant appraisement.
Such legiBlat'on produced its natural results in a
system of fraud which destroyed all public confi?
dence, and crippled all private industrial enterprise.
As far as I am advised, however, even those States
aever had the temeritv to utterly abrogate the con?
tract, although they did impair it by annulling the
remedy.
Mow, the right and the remedy are BO intimately
connected, that the destruction of tho former is
the imp liraient of tho latter; the constitutional pro?
vision was desigued to protect both. lu tba lan?
guage of the Supreme Court of the United States:
"lt would ill become this court under these circum?
stances to depart from the plain meaning of the
.vorAs used, and ranctiou a distinction between the
right and remedy, whioh would render this pro
rision illusory aud nugatory-mere words of form,
ifforaiug no protection und producing no practical
result."
In the present case, upon the rendition of the
animent, a lion was vested in the plaintiff, where
?y he was to receive from the real catato of the Oe
ourlant' ibo amount of said judgment. This un*
piesllonably was a le^al right. At the time the
udgiuent was rendered, and the lien became vested,
here was no law in south Carolina >vhich exempted
my portion of the defendant's land from, sale under
?hat execution. Could thc Constitutional ? 'ouyen,
ion or tho General Assembly enact a 1 ; w, after the
?en ditton of this judgment, which divested the
Plaintiff of his rmht in this, land without t impaling
ho obligation of tho.con tra ct ?
"To'deny any remedy under a contract, or by
vurdening the rem al v with n&w conditions and re
itriotions to make lt use'ess, or hardly worth pursu
ug, is equally a viclatioa ot the constitution." (1
tent, Com. 419.)
"It seems to me that looking at a contract legally
ind practically, as an instrument by which rights of
?roper i y are cleated, and on which they repone,
>bhgations and remedy are strictly convertible
erras. Take away the whole remedy and it ls ad
nined tho COL tract is gone And it seems to me the
inly logical rule to hoid, that any legislation which
naterially dimiuishes the remedy given by tho law
a the oi editor at the time his contract is mado, just
io far impairs the obligation of the contract "
sedgwick. Stat, and Common Law, 652 )
Jud ?to Parsons, in his work upon Contracts, says :
<That an exemption of property irom attachment (by
vhicu iH meant, levy, ora subjection of it to a stay
aw, or appraisement law, impair* the obligation of a
sontract. " He adds: "Suoh a statute can be enforced
inly as to contrsote made subsequently to the law."
''Under these eases it has at length become de?
hn toly sett lcd that a State law which Impairs the
litigations of a contract, whether that contract be
ound in the express terms and conditions of tho
vrltten couti uct oetween the parties, or ls engrafted
ipon the oontract by the law of the land, as it exist?
ed at tho limo tho contra.t was made, is within this
iroblbitlng clause of tho Federal Constitution, as
veli also as all laws aimed or nominally directed to
,he remedy, when they so effect the remedy as to im
>alr the right itself." (Smith's Com. on ?tat. and
Joust. OOEU, 895.)
Judge Story, in his great work on tho constitution,
.em arks : . 'But, generally speaking, when we speak
it the obligation of a contract, we Inolnde in the idea
tome known means acknowledged by the municipal
aw to enforce it. Where all such means ar* denied,
he obligation ot a con ract ls understood to be im
laired, though it may not be completely annihilated."
An act ot the Legislature ot Vermont, releasing tba
>ody of a debtor norn imprisonment, and directing
bat the bond which he had given to the sheriff for
lie prison liberties, and whioh the sheriff bad us
issigned to the creditor, should de discharged, was
told by the Supreme Court of that sta to to be void.
1 Chit. Bey., 267.)
Statutes of limitations which do not allow A rea?
sonable time after their passage for the c m tu enco?
rnent of suits on existing causes of action are un
constitutional. (Call vs. Hagger. 8 Mass. 180; Pro
?rioters of the Eennebeo Purchase vs. Labona), 2
treen, 291; Black i ord vs. Peltier, 1 Blackford Hep.
16.)
A statute passed after a contract made extending
the tran of r plo vin on a judament rend >.r< d on such
contract, is . oid. (McKmuey vs. carroll, 5 Mowr.
J8; Grayson vs. LUiy, 7 Mowr. ll; Lapsley vs Bras
hours, 1 Lilt 63; Blair vs. Williams, A Lilt 81.)
A statute oi Kentucky directing sales under de?
cree in ohuncory oft a longer oredit than st the date
af tho contract, was declared by tho Appellate Court
of that State to be void. (January vs. January, 7
Mowr, 541.)
Tue statute of 1843 in Kew York exempting certain
property from sale on oxecutirm, is unconstitutional
la relation to executions issue I en ju tgmenta ren
Isred prior to tte passage, (Dauks vs. Qtuckenbuak,
El Den ?i, 694.
The Legislature caa pass no law interfering with
vested rights, or transler. them la au thor against
the owner's consent. (8 sraodor & Marshall, Mini
Rep., 9.)
In the State vs. Carew, Chlof Justice Dunkin in a
learned and exhaustive opinion deeided that the
stay law of south Carolina wa? uaoonsUt utional.on the
ground that it impaired the obligatio?s ot fha con?
tract, and ail the chancellor* and Judges concurred
with a simile exception.
IA Ogden vs. saunder*, 13th Wheaten, p. 318, the
court said: "the obligation of a contract as spoken
of In the constitution, to a legal and net a moro
moral obligation. It to th? law which binda the
party to perform hie undertaking. The obligation
docs not inhere or subeM ia tbe contrast itself
propria vigore, butin tbe law applicable to the can
tract; an? this tow to not the universal tow of na?
tions, but it ls tho-law of th* State wheie the con?
trast to nude. Any law which enlarges, abridge?,
or in any manser chang?e toe intention of tho
partios, resulting from tho stipulation in the con?
tract, neceasarily impairs it."
Ai:i\in, m the same case, it was said the great prin?
ciple intended to be established by the const j.m i on,
was the inviolability of the obligation of contracts,
as tho obligation existed and waB recognized by the
laws in loree a< tho time the contracts were made.
Whether the law professes to apply to (he contract
itself, or to regulate the remedy, it is equally within
the true meaning of tho constitution, if it in o if. ct
impairs the obhgatiou of existing contrasts.
In Croon vs. biddle, 8th Wheaton, ,881, the court
said: 'Aright to land includes the right to enter
ujWn it, and to r< covor possession where withheld.
Nothing could be moro clear upon principles of law
and reason thau that a law which denies to the
.owner of imd a remedy to .recover posseasion of it
when withheld by any person, or clogs his recovery
of it by restriction* or conditions tendlug to di?
minish tho value of the thing recovered, impairs hi?
right to an interest lu tho property. If thc ron. ody
afforded be qualified and restrained by conditions of
any kind, tho rifht of the owner may ladee I subsist,
but ii is imp drud and rendered inaecure accoiding
to the nature and entent ol such restrictions."
In Bronson vs. Kinzle, 1st Howard, lill, tho vene?
rable Chief Justice Tanevsaid : " Whatever belongs
morely to the ren<edy may bo altered according to
the will of the ^tate, provided th-* alteration does not
impair tho obligation of tho contract. But if that
effect is produced, it is immaterial whether it is doue
by neting on tho romedy, or directly on tho contract
Itself. In either case it is prohibited by tho consti?
tution. I* * It is manifest that the obliga?
tion ot a ?ont rael, ana the rights of a party under it
may, in effect, be destroyed by denying a remedy
altogether, or may be seriously Impaired by burden?
ing thu proceedings with now conditions and re?
strictions, so as to make the remedy hardly worth
pursuing." * * * * *
Citing Slr. Justice Bla-kstone: "The remedial part
ot tho law U so necessary a oonsequenco of tho de?
claratory and dirt dory parts, that laws must be very
vague and imperfect without it, for io vain would
rights bj declared-iu vain directed to be observed,
If there were no methol of recovering and assorting
those rights." * * ? * * "It is that
part ot the municipal law," resumes the Chio Jus?
tice, "which protects the right, aud the obligation
by which it enforces and maintains it. It is th'spro
tea?on which tbs clause in tho coustitu'ion new in
lunation mainly inteuded to secure, and it would be
unjust to the memory of tho distinguished men who
Trumed it, to supposa it was designed to protect u
mero barren and abstract right without any practical
aperatlou upon the business of lifo."
In McCracken vs. Hayward, 2d Soward, 609, tho
Supremo Court said : "The obligation of a contract
:onsUts in its binding force on the parties who
make it This depends on the laws in existence
when it :H mado. These ?re neceasarily referred to
n all cnn ti nets, and torm a part of thom, as o fieri g
lie measure of obligation to perform i hem by ene
party, and tho right acquired by the other. There
am be no other standard hy which to understand
ho extent of either, than tnat which the terms of
-he contract indicate, according to their legal settled
neauing. Wheu it becomes consummated the law
leiincs tho duty, and tho right compels ono party to
lerformtho thin? contracted for, and gives tho other
he right to enforce the performance by the rem* ixes
hen in force.
If any subsequent law offset or diminish the duty,
>r impair the ri^ht, it necessarily bears on the obli?
vion of tho contract in favor of one parly to the in
ury ot the other. Heneo any law which, in its ope
atlon, amounts to a denial er obstruction of the
ights accruing by a contract, though professing to
ict only on the remedy, ls din cHy obnoxious to the
prohibition "f the constitution This principle is >io
dearly slated and fully soitl cl in Bronson vs. Kin?
de, that nothing remains to be added to the reason
ng of the court, or requires a reference to any other
nitliority than is therein referred to. Alluding to
he case thon under consideration, the court said:
'Tho obliga.ion of thc contract between the parties
n tliis case was to performrthe promises and under
aking contained therein. The right of the plaintiff
vas to damages for the breach thereof, to briug suit
iud obtain judgment, and to take out and prosecute
m execution against thcTdefondant ti.1 the judgment
vas satisfied pursuant to the existing laws of Illinois.
These laws giving these rights were go perfectly
duding on tie defendant and as such a part of the
if ntraot, as il they had been set forth in its stipula
ions iu the very words of the law relating to judg
nents and executions. * * . *
lay autis, quent law will ch denle P. obstructs or im
lairs this right by superaddtug trie condition ot tho
ale. afflicts the ob igat ion of tb? contract, for it
ian only bo enforced by the sale of the defendant's
noporry. Prevention of such sale ia the denial ot
he right * * * * The dame
>ower In a Stats Legislature may ba carried to any 1
ixtent, if it exists at all. If tue power eau be exor
asea to say extent, its exercise must be a matter of
inrontroUable discretion in passing law? relating to
he re a, od y which are regardless of the effect on the
ight of (he plaintiff."
In Durran vs. the State of Arkansas, 15th How?
ard, 319. the same court says: "Quo of the tests
nat Jto.^iw V~ '^?t?ieJ- l? thu Its valu?
us. by legislation, seen dim "nmuou. x* u not tts
be prohibition ef the constitution to be impaired
itali. This is not a question of degree, or manner,
>r cause, but of encroaching iu any respect on its
ibligaten, and dispensing with any part of its
ores." * * ? * * Mr. Justice Curtis in tne
tame case says: "It by no moans follows because a
aw affects only the remedy that it does not impair
he oi ligation of a contract. The obligation ot the
:..ntra?t ia the sense in which these words are used
n the constitution is that duty ot performing it
irkioh is reiognla d and enforced by the laws; and
if the law ls so changed that the means of enforcing
-his duty are materially impaired, the obligation of
ihe contract no longer remains the same."
Judge Woodbury, of the Supreme Court, bef .TO
-vhjch this subject came under consideration, in the
sase of the Planters'Bank va. Sharp,6th Howard, 327.
?aid : "When every form of redress on a contract is
aken away, lt will be difficult to see how the obliga?
tion cf it is not impaired. * * * And if
n prc fe wing to alter the remedy only tho duties and
rights oi'a contact itself are changed or impaired, it
somes j uni z s much within the spirit of the consti?
tutions1 prohibition. Thus, if a remedy is taken
iway entirely as here, or clogged by a condition of
my kind, the light of the owner may indeed subtist,
md be acknowledged, but lt ls impaired."
In tho caso of Hawthorne vs. Calif. 2d Wallace, 10,
the same court, by Mr. Justice Belton, recognized
md ri .-affirmed the principles decided in Bronson vs.
iinaie, and the several subsequent ?oases of that
rises. Ho heidthat the ac Us then under considera
ion BO expressly affected the remedy of the mort
;agea as to impair, the obligation ol the mortgage
sontraot within the meaning of the constitution, and
leolan-d them void.
The decisions or the Courts of the several States
ire some what conflicting upon this question, but the
najority aro In accordance with the rulings of tho
Supreme Court above cited. The decisions of the
alter tribunal alone are binding upon this court,
md it ia in accordance with thom that tho decision
n this case must be made.
In the case of Bronson vs. Kinzie the decision was
ipon ui statute ot Illinois, passed alter the execution
>f ' .io mortgage, which forbid the Bale of any mort
..?ged property in that Stale unless it brought two
Jurds of its appraised value. The case of Mc?
cracken vs. Ha.-, w?ul decided that a statute ol
illinois, which provided that property levied on
md r an execution should not be sold unies two
hlrds oft i ts value was bid therefor, was void.
'the facts in this ease show that tho judgment wai
.euc ot ed moe? than a year before tbe passage of th?
lomos'ead law; that thc only real estate owned by
he defendant is the tract of laud containing about
our hundred acres levied on; that at sheriff's sale li
viii not soil for more than twenty-four hundred dol?
ara, a'though its real value for planting purposes ia
jotween four and flvo thousand dollars. \
x he judgment was by law a vested right, a lien, a
.outrace Had the Slate the constitutional power tc
livest the plaintiff of his rights and vest them in thc
lefendantt
Upon the principles involved in this cass, there ii
io difference between lisna by mortgage and bj
adgment The former are specific, the latter gene
al, ?ut both are vested, l?gal rights, entitling th<
i older? to a sale of thc property, or so much thorao:
? will be sufficient to satisfy the demand.
In my judgment, so much of tho set or the Gen?
.al Assembly as exempta any portion of the lane
evled on from salo under this execution, ls in con
Itct With the Constitution of the United States, and
rold.
It is therefore ordered that the sheriff proceed ti
?ell the prop< itv levied upon and advertised lor sali
n this case, without regard to the provisions of tin
aw In relation to the homestead, passe I since th
?endttion oi the judgment, and that he execute thi
irocess of ths court, enforcing the judgment accord
ng to the remedy existing at the time of the rend!
lon of tho judgment and the making of the con
raot between the parties.
B. B. CABrsMrBB, Circuit Judge.
January 29,1869.
A l ? A l lis IN THE STATE.
Cheater.
Wo ore pleased to learn that Dr. Eli Cort
veil has been commissioned .aa a magistrat
tor Chester County by Governor Scott.
We rc ..rot to learn the death of Mr. Lewi
9. Oill. on Tuesday, the second instant. B
waa buried at Fishing Crook Cburoh with Mi
sonic honors by Baecomville Lodge.
John H. Dickey, a vory intelligent and prc
arising boy, about six year? of agre, waa ace
ion tai ly drowned in a branch on Fishiu
?r?ek, near the awothng of Mr. John Dicke;
Sr., on the third instant.
KersMavr.
The Camden Journal Bay? : "On Tu'esdi
night last two colored prisoners confined iu tl
|all of this district, charged with horse ateo
ing, made tboir escapo. Wo understand th
n-hen the Jailor went to give them their su
per, he waa seized and held by one while U
other went down the ?taira, and forcing tl
look, opened tho door, whon tho other ralea m
the jailor aud soon gained the street. Tl
sheriff offers a reward of fifty ?lollara forth?
apprehension,"
--The enormous capital o? Trinity Charo
la New York, of which the annual income
$800.000, has novor yet paid ft dollar's tax
tina government.
ON TUE WING.
More about Stealing- Society Hill-Past
ana Present - Business Firma-Hail
roads- The Bridge-Price ot Land
"Contracts" tor the Present Year -
Hates of Wages-Prospects.
[FROM OUR OWN CORRESPONDENT.]
SOCIETY HILL, February, 1869.-On ray way
from Darlington to Society. Hil!, I was con?
versing with a stalwart yeoman, who gloried
in his independence of tho negro. Ho, his
wife and his children work in tho field, and tho
past, year had mada a Rood crop, both of corn
and of cotton. Tho great trouble now was
to keep it from beiug stolen. Ho told mo that
some time ago, about six mik's from Darling?
ton village, a band of negroes attacked a house,
shot promiscuously and put nine ball holes
through a lady's dress hanging against a wall.
Ono bullet came very near killing a child. A
few nights before they had taken Mr.-'s
fattening hogB; thon thoy came again, and car?
diod ofl' his milch cow, and now thoy stormed
lie house. Pooplo living at a distance from
: ho contres of population find it difficult to
protect themselves against theso outlaws, who
?o around in gangs of ten, iii toon or moro,
they kill stock, steal cotton, in short carry
ihings with a high hand generally. A party
>f these romantic revellers has been known
;o pick clean from six to eight acros of cotton
>n a singlo moonlight night. Tho difficulty of
guarding against these nocturnal marauders
viii bo botter appreciate'! when it is remem?
brer! that honest and industrious people who
vork hard tho live long day, and day aflor day,
iro fatigued when night comos, aro apt to
iloop soundly, while those robbers, hue the
>east8 of prey, lie ?lose all day, and go forth to
)lundcr at night.
By way of showing mo what can bo dono by
iard-working white mon, my informant told
no of ono of his uoighbors who, with his little
on, last year made thirtoen bales of cotton, all
ilanted and cultivated by themselves alono,
n picking season he hired a few hands to holp
jet it out. I have heard of several such iu
tauces, and may, perhaps, recur to the sub
ect again in tin course of these letters.
Society Hill, on the line of tho Choraw and
)arlington Railroad, about one hundred and
wenty-live miles from Charleston, ?B ono of tho
Ideat and best known settlements in tho cast?
ro part of tho State. For moro than half a
entury it was tho contre of wealth, intelligence
nd refinement. In fact, I think 1 risk nothing
a saying that tho society there was more
i'egant during all that period thou in any
lace iu tho State outside of Charleston or
'olumbia. Enjoying a high and healthy loca.
ion, a dry, sandy soil, second tor salubrity to
0 other spot in South Carolina, tho wealthy
llantera of ibo Upper Peedee hore at first
pent their summers, and then fixed their per
?anont abode iioro.
Many are the names, high and distinguished
1 the annals of tho State, that have reflected
onor on 8ocioty Hill. The late J. J. Evau3,
ir years an honored judge of this State, and
fterwards United States Senator, made this
ia home, and hore several of his sons now re?
?do. Tho venerablo Dr. Thomas Smith, still
mong the living, has 'abed lustie for many
oars on this small portion of his native State.
!he names of Gregg. Williams, Witherspoon,
hilson, McIntosh, and others, who have lived
nd died here, aro known and honored in dis?
ait parts of the State, lt was here also that
leneral John McQueen died two years ago,
(ter having spent many of his best years in
ho service of the State, and earned honor and
lory for himself in tho councils of the nation,
must not omit mentioning the venerable bro?
ilers Coker, the oldest merchants in tho Pee
ee country, distinguished no less for their
onor and integrity than for their industry and
ither sterling business qualities.
The village has received sumo valuable ac
eseious since the war, foremost among whom
would mention Major B. D. Townsend, a
tame well known through the -length and
ireadth ot the State, and far beyond nor bor
'. Jfoin- *J-, '?.?.? Preaitieut nf the Bank of
leorgetown, after *vurds President or mo ?uc
aw and Coalfields Railroad, and now Presi?
?n t of the Choraw and Salisbury Railroad, has
itterly in a great measure withdrawn from
tubbo Ufo, and ia now pursuing the even tenor
>f bia way as a planter of cotton, corn and po
atoes-in my opinion, a most seuaible pro
eeding on his pa?t.
Tho merchants of Society Hill are aa follows:
losers. C. Coker & Brother, A. Smoot, W. A.
Carrigan, T. A. Gandy, Theo. Sompayrao. John
)ouglas, Mr. Wicker, together with a lew
.thors. Thoro are two physicians here, who
ippeor to do a good practice-Dr. S. H. Press
ay and Dr. P. ?. Griffin. Lawyers there are
loue here, but I am told that there is a good
'pening hero for one. There are two churches
tere-the Baptist, Rev. Mr. Rico, pastor, and
be Episcopal, Rev. Mr. Hay, vector. The
llantera residing in Sooiety Hill have formed
. planter?' club, which meets monthly, for the
Lisoussion of topioa interesting to tanners, ?zo.
For years the Peedee River was tho only
neans Society Hill bad of communicating with
charleston, and thia waa slow and uncei tain,
.nd sometimes, in seasons of low water, alto?
gether impracticable. In good time the North
astern Railroad was built, and so also its oon
inuation.the choraw and Darlington Railroad,
rhich runs past Society Hill, and has brought
b within a lew hours' ride o? Charleston. I
lavo always thought that there should have
teen only one line and one company from
marleston to Cheraw, and I think so yet. In
act, I ttunk it of moro importance now than it
iver was before. Rival interests will soon como
n and bid for privileges which now are natu
ally, and by a tacit pre-emption, ours. But
Charleston should not rost till this past and
.resent good will on the part of her Peodee
rionds is permanently assured to her, and
his can only be done by consolidating tho two
ompauies. True, there may be difficulties in
he way; still, tho interests aro sufficiently
?kantie il to have the two roads managed by
he same superintendent. There oannot, there?
to, it would aeem to an outsider, bo any in
urmountable obstacles to auch a union, and
earnestly hope that tho nuptials may soon bo
olebrated.
Society Hill heretofore waa connected with
lar.boto', and the parts beyond, hy means of
ferry-one of the most important, booauso
lost frequented on the river. Dublin, the
noient Charon, who had poled the flat across
:>r many years, and who ia an original charac
sr worthy a more extended notice than I can
ceord 'him here, is now put on the retired
st. His occupation is gone. The ferry is no
lore. A bridge has taken its place. Thia
ridge bad been talked of years before the
rax, bat was not commenced till a year after
ho cessation of hostilities. It was built by
lajor J. B. Lasalle, of Columbia, at an expense
f about $25,000. This amount, in the thou
npoveriHhed condition of the country, it was
f course, not an easy matter to raise. Still ii
rae done, thanks to the unwearied efforts of a
Bw public spirited men. But alas, after thc
rork had been completed, and in operation
nly sixteen dave, a great freshet washed away
he centre pier, which dragged with it another
lier and two of the spans. Previous freshets
tad done considerable damage while the work
rac in progress, but this last calamity seemed
rreparable. The old eompany was bankrupt
Vhat remained of the bridge was aok
nt and bid off at $2000 by some of thc
rod i tor H pf the old eompany. A new company
ras formed,, capital about $16,000, and the
?ridge rebuilt. It is not yet weather-boardot
>r roofed. This will cost about $2000 more
nd is to bo done m tho course ot this year
: believe* The rebuilding of the bridge is du<
>rincipallv, if not solely, to the uutiring anx
*lf-saormomg energy and public spirit of Mr
V. A. Carrigan. , M
Tho bridge is a splendid job, a rogular first
?las? Howe trass, equal to any in the country
laving an opening of sixty feet. Tho macht
lory is so perieot that a child onn turn th
Uaw. The Cheraw bridge, rebuilt sinoe tb
var, coat $25.000. and yields an income o
1125 a week* during the business season. Th
ongth of the Cheraw bridge is six bundie
ind twenty foot, and that at Society Hill abott
Iva hundred and twenty feet.
Tba lands about here, formerly among tin
noat valuable in tho State, have not yet reoov
?red their former price. There ls not yet i
lufBcient surplus of money in this part of tb
lountry to warrant much investment in lundi
ind there is, therefore, no reliable data apo
vliieh to base un estimate of the market. 1
Marlboro*, on the other side of tjbe river, froi
iCnie reason or other, there has been more ev
lonee of recuperative power, and lauds b&i
?old at very fair price?, sometimes lor quito.?
maohaa they would have brought ten yew
up.
As regards the never-fco-be-solved qnosttc
af labor, I find apon inquiry that varions piai
ore ia oso, each offering advantages and dis?
advantages, and each having advocates and
opponents. Most of the plantations in thia
vicinity aro organized for tho pr^sout year,
tho laborers mostly being hired for wages,
but some aro employed "on shared." In re?
gard to wages it is difficult to say what are the
rates paid. Thero would seem to bono fixed
rule, each party of courso doing thc best he
can for himself. Thus I liavo hoar.l of prime
hands trotting from $8 to $12 por month and
"found." Thero are but few women compara?
tively hiring out as fiold hands. Where they
make contracts they usually only reech o two
thirds of full rates.
Those who "crop" with tho hands give, I
think, about? one-half tho proceeds, loss the
current exDonses. Borne, from necessity,
have been compelled to agree to receive ser?
vice from tho freedmen yin lieu of rent. That
is to say, those not having tho means or tho
credit to pr?vido the requisito ontlav where?
with to maintain hands and working animals
during tho spring and Hummer, bavo ?.?roed to
rent land to negroes, with the stipulation that,
in lieu ol rent, these tenants aro to work two
days in tbo week for their landlords. If I have
been correctly informed, these are the terms
ui?on which many of tho soa island planta?
tions aro being worked this year.
On the whole, I think tho fanning prospects,
for this year are fair m this part of tho State
and most of tho planters are hopeful. Indeed,
all classes aro in hotter spirits, and not a few
aro in a fair way of making monoy. January
has been a fine month for plantation work,
and, as tar as I can judge, every tiling is well
advanced in tho way of preparation tor. the
ensuing crop. BIRD?-EYE.
VOlt BOSTON-DESPATCH LINK.
THE SCHOONER 8. A. HA AI MOND,
WILLEY Master, having a portioi of cargo
, engagod, will bo promptly dmoateheJ.
WILLIAM ROACH & CO.
February 9 tilths
POltNBW YORK- MKKCHt NTH' Ll N H.
THE FIRST-CLASS REGULA it P.\' !K.ET
Schooner N. W. KM I TH, 'IOOKPB M ister,
having a portion cargo engagod, will be
promptly despat?hed. For bal ince, apply
WILLIAM ROACH & CO.
February 9 tullis
" FOR PHILADELPHIA.
THE FINE SCBOONER VRAIE, MASON
Master, it now loading, and will sail ns above
>in a few days. For fcalanoeof Freight, apply
?to H. F. BAKER ii CO.,
February ll Nc. 20 Cumberland -street.
EXCURSIONS ABOUND VHK HARBOR,
THE FINE, FA8T SAILING AND COM?
FORTABLY appointed Yicht ELEANOR
Will resume hor trip* to htito ie points In
.tho harbor, and will loave G ivcrnment
Vnarf daily at Ten A. M. and Three P. M.
For Passage apply to THOMAS YOO VG.
December 18 3mo C?ptala, o i I) >ard.
FUR NKW VOt.-v.
REGULAR LTNE EVERY THURSO) A ?,
PASSAGE RKDUCED IO 81"?.
THE STEAMSHIP SAR\GOS3A,
Captain C. RYDBE, will leave Vmder
^horst's Wharf on THTTOSDAY, Febru?
ary 18th, at -o'clock.
February 13 RAVENEL te CO.. ??fnUt.
NH W YORK AND CH V RljfS S X ON
STEAMSHIP LINK.
FOR NEW YORK
TUE SPLENDID SIDE WE. .EL
STEAMSHIP CHAMPION, LJOK
'WOOD, Commander, w>li ieav- \d
iger'e Whari on f ATOBDAY, tue 13th,
ti o'clock P.M.
Insurance can bo obtained on these steamers at
a per cent.
For Freight or Passage, having splendid cabin
ceommodations, apply to
JAMES ADGER JtC< .,
Corner Ad?er*? Wharf and East Hay (Up stairs),
jrjtj- The steamship CHARLESTON will follow on
WEDNESDAY, the 17th instant, at 10 o'c'ock A. M.
February ll tbaj
r uii ui v BKr1 %JXTM*.
IHARLE3TON AND LIVERPOOL STEAM-HIP
LINE.
THE FIR-.T-OLA8S IRON SCREW
Steamship GOLDEN HoRN, R. J.
'BL AC KLIN Master, having one-half
?her cargo engatrod and gom* on
?card, wiU meet with dispatch for the above ?-ort
o sail on or about the 20th instant.
For Freight engagements apply to
February 9_ROBT. MURE & CO.
FKAVKI.EK8 PASSIiVU nico 'GB
CHARLESTON EN ROC CE TO FLORIDA, AIK.BN
ArvT~fi*m?* Aua- ottjer ulaces, sbouM i ot fei
y/^R^fjS. to hw ?B t?eir supplies of PROVT8?
???WMfflBi^ IONS, CLARETS, CH A M c V >i N E8
Ill??llkiyhlttM CORDIALS, BRANDIES. 'VHIS
HES, WINKS, CANNED MEATS, SOOP.S, icc.
Pates of Wild Game, Deviled Entremets, Ham,
r/urkev, Lobster, etc, for Luncheons, baue M ches,
Travelers' Repast, ko.
J8a-Send for a catalogue. .
WM. S. OORWIN k CO.,
No. 275 King-street,
Between Wentworth and BeauCain,
Charleston, 8. C.
Branch of No. 900 Broadway, corner *20th street(
lew York._October28
FOR GEORBETOWN, ?. C.,
IND LANDINGS ON THE PEEDEE RIVER
_ ^nr-???. TEE STEAMER EMILIE, CAPT.
^?mhiAmSS?mi ISAAC DAVIS, will reeoiTo Freight
PHI? DAY at South Commercial Wharf, and leave as
ibove on MONDAY MOHN INS, 16tb inst., at C o'clock.
Returning, will leave Georgetown on WED
IESDAY MOBNIMO, 17th instant
Freight fer Landings on the Peedee River will be
ranaferred to Steamer GEN. MANIGAULT, at
leorgetown.
AU Freight prepaid.
No Freight received after sunset.
SHACK ELFORD lc KELLY, Agents,
February 13 1 No. 1 Boyce's wharf.
VOR CH IC RAW,
1EORGETOWN AND ALL LANDINGS ON THE
PEEDEE RIVER.
THE UTE \ M ER PLANTER. CAPr.
_CC. WHITE, is receiving Freight at
accommodation wharf, and will leave on WEDNESDAY
J OBNINO, the 17th instant, at 7 o'clock.
Apply to JOHN FERGUSON.
February 13_8
FOR NORTH K DISTO.
THE STEAMER 8T. HELENA,
'Captain JAMBS G. RUMLEY, will re
?ivs Freight THIS DAT and leave MONDAY MOB*
I, at 6 o'clock, and Bdisto same flay, at 3 o'clock
ft M.
For Freight er Passage apply en board sr to
JOHN H. MURRAY,
Market Wharf.
The steamer leaves again WEDNESDAY Moa* IN?, 1
it 8 o'clock, and Bdisto THUMB-AY MOBNIN?, at 8
?'dock. __1*_February H jj
INLAND ROUT?:.
THROUGH TICKETS TO FLORI?A.
?HARLEBIO* ANDsaVANNAH STEAM PACKET
LINE, VIA EDI8TO, ROOKVILLE, REA CI1 OB I'
AND HILTON HEAD,
OONNEOTTHO WITH
THE ATLANTIC ANO GULF RAILROAD AND
CONNECTIONS FOR ALL POINTS IN
FLORIDA,
THE FINE, VAST STE AMER
_ PILOT BOY. Captain FENN PKOX. will
eave Charleston on MONDAY and 1 HOESDAY MOBW
NOS ai Eight o'clock. Returning, wUl leave savannah
LUKSDAY MOBNTMOS at idght o'clock, and lr ETD AT
LVTEBNOON at Two o'oloek, touebmj it Edisto on
iHOBSiMT. trip from Charleston, at i lo.* ni A. M.,
md leaving Kola to at Niue A. M , SATOIIDAYS, on re?
am trip.
The sro amor will touch a? Bluff, cn ?nil . ,i -olin's,
lach way, every two weeks, opmmepcln i w:tU trip
>f January 21st. aad at RockvUle every ? ULM -HAY.
For Freight or Passage apply to
JOHN FERGO - t N,
January lt_Accomm da on Wharf.
Ibu PALATRA. I- ?.d? ! > tit ?j
PIA SAVANNAH, BTHNANDINA AND J -OKSON
VILLE.
TKE TOFT-C A?.? S 1 2 4 SS SS
_?DICTATOR, Captain L. M. *oS*WEB,
i sall from Charleston ever fuetaay Knotting, at
Kent o'clock, tor the ab6v* pointe,
The wrst-ciaes Steamer JU V. loi SI, Oaptatu Wsf.
r. MCNELTY, will tail frota charleston every Satur
lay Evening, st Bight o'eioclt, lo:* at ovo points.
Connecting with the c mirai Railroad at S:i.-? mah
or Mobile and Ne tv Orloan-, and with tuo Florida
lUBroad at Peruaudiu* for Cedar K iva at whioh
noint Biearoors comic ct with New Oe loan i, Mobun,
Pensacola, Key West and H?v?ua.
Throuah Bilt? Lading glv.on fer FraigliLto Mobile?
ft ncaeola and Now Orleans,
Seth ?'Uamar* connecting ?nth H. 8. HarCt ti?am
-rs Oclawaha and OrUlnffr *>??. Springs ami Lakes,
?r?/H*. Rustin, Harris and Durham.
All freight myanloon the wharf.
Goods not removed at sunset will be stoma at risk
ind expense of owner*.
For Freight or Tarage cmnwomct t. apply to
J. D. AIKEN Ai GO., Agent*.
- ?with AUanU/Wharf.
N. E-No Mir? charge far Maali and St iteroom*,
November 21