The Charleston daily news. (Charleston, S.C.) 1865-1873, January 29, 1870, Image 1
VOLUME IX.-NUMBER 1281.
CHARLESTON, SATURDAY MORNING, JANUARY 29, 1870.
SIX DOLLARS A YEAR.
COLUMBIA.
YESTERDAY JOT TUE LEGISLATURE.
A Blow Aimed at Jcnks. .
[SPECIAL TELEGRAM TO TltE NEWS.]
COLUMBIA, January 28.
In the Senate thc special order was post?
poned until next Friday.
The following bills were read a second time c
. To limit tuc cost of prosecution in criminal cases;
incorporating the Town of CUestertleld; exempt
ing all mills aow established, or hereafter to be
established, for the manufacture of cottot or
wool from taxation for five years; providing for
the ?ppolntment of certain officers therein named;
to incorporate the Town of Timmonsville; to in?
corporate Lexington and Newberry Railroad
Company; fixing the salary of certain officers; to
provide for the formation of religious, charitable
?nd educational associations; to incorporate
Black Creek Cemetery Company, Darlington
County; to provide fer Ailing vacancy in the office
of Sheriff; incorporating the Town of Florence;
joint resolution :c provide ai .1 for the indigent
sick.
The resolution to meet ca the firs: o? February
to elect an associate justice, was aCopted.
Bleman introduced a bill incorporating Walhal?
la Hook and Ladder Company: arid Wright, col?
ored, Introduced a bill to secure to Jane Atkinson
the property of John W. Atkinson, deceased.
The report of the Committee on Incorporations
on the bill to incorporate the South Carolina
Chemical and Mining Company was made the
special order for Thursday.
Bills passed : Chartering Dims Bluff Ferry; pro?
hibiting peddling of spirits; incorporating New
Hope Baptist Church ; Incorporating Heston Fire
Engine Company; authorizing the State Treasurer
to reissue certificates of State stock lost to Martha
H. Pyatt and A. H. Abrahams; joint resolution
authorizing the Treasurer to advance $8000 per
month to the superintendent of the Penitentiary.
The Senate adjourned to Monday.
In the Honse the following bills were read a
first rime: To recharter Hamburg, Chester, Port
Royal and Southwestern Railroad; to Incorporate
Lincoln Guard, St. Stephen's; to amend the char?
ter of Branchville; to incorporate Greenville
Hook and Ladder Company; joint resolution re?
issuing certain certificate of stock to William
Dougherty.
A resolution, introduced by Henderson, was
adopted, removing Jeuks, the city inspector of
Charleston, from the chairmanship of the Com?
mittee on Claims. Thc reason iisslgue? ls tbat
Jenks did not attend to the business of the com?
mittee, and was so often absent from the House.
Beaty gave notice of a bill to incorporate the
National Manufacturing Company.
The enacting clause of the bill to increase the
sauries of Justices of the Supreme Court and Cir?
cuit Judges was stricken out.
A LIVELY DAY'S DOIXGS.,
Railroad Companies-Confederate
Money to be Changed Into Greenback*
-The Penitentiary-Leslie to Hold thc
Office of Public Grumbler-Attention,
Defaulters-The Lie Given-W hat
Should and Should not he in School
Books for Colored Children-Female
Suffrage-Phosphates, ?ic, &c.
[FROM OUR 015*! CORRESPONDENT.]
COLUMBIA, January 27.
PORT ROYAL RAILROAD. R
I have mentioned that Wells had introduced
in the House a bill providing tha. T ,e time for the
completion of the Port Royal Railroad be extend?
ed to the first of August, 1871. The contractors
pledged themselves to complete the road by the
first of August next, and, lt ls asserted, will be
. able to do so by the first of October, unless un?
foreseen clrcnmstances occur to delay them, to
provide for which the bill above mentioned was
prepared. I am informed that the terminus has
not yet been determined upon, but will be next
month. The general impression ls that Battery
Point, about four miles below Beaufort, will be
selected.
' TBE BARNWELL RAILROAD COMPANY.
The bill introduced in the House to incorporate
this company provides that Geo. D. Chapman, H.
H. Beverly, Wm. H. Thorp, H. Budge, J. D. Mills,
A. W. Greenlea!, W. W. Dechalt, C. P. Leslie,
C.<R. Abb,:, Willis Gaybold, S. C. Pomeroy, and
their associates, now forming and constituting
the Barnwell Railroad Company, be authorized
and empowered to extend the said railroad from
a point at or near Blackwell to Sumter Court?
house, in a line as nearly straight as may be
practicable or convenient, so as to form a direct
line from Sumter Courthouse to the Savannah
River; that the capital stock of the S?'id company
may be increased at pleasure to a sum not ex
ceedlng three million of dollars, to be divided imo
shares of one hundred dollars each; that thc com
pany be vested with all the powers and privile?
ges and subject to all the duties and liabilities
that the Greenville and Columbia Railroad are
invested with and subject to by an act entitled
"An act to charter the Greenville and Columbia
Railroad Company," and all acts amendatory
thereof. Some of the friends of this road favor
the running of the road direct from Blackville to
Columbia, claiming that by this route they will
secure access to the North as easily as by the
route to Sumter, and that this road can be con?
structed much more cheaply.
SPEND LITTLE TO SECURE MUCH.
I have before mentioned that little job by
which certain phrttes Intend to push through the
General Assembly a bill to authorize the issue
of $324,000 In bonds of the St?te, to pay the prin?
cipal and interest of a loan mc de in July, 1S64,
and February, 1865, by the Charleston Savings
Institution to the Bank of the State, and thus
secure to themselves the handsome profit of two
hundred and fifty-six thousand dollars. The
rumors about interested parties being up here
with "light" to show the legislators the route by | i
which a bill becomes an act, are more definite,
and lt ls now stated that the interested parlies
are willing to invest one-fifth of their hoped for i s
proflt in votes. 11
TUE STATE PENITENTIARY.
In the Senate, to-day, there was taken up a | ]
joint resolution from the House providing that
the Treasurer of the State be authorized ami re?
quired to pay to the superintendent of the South | <
Carolina Penitentiary the sum of $cooo per
month, in advance, of the appropriation for said | s
penitentiary, the saffr* amount to bc paid out of
aay monies not otherwise appropriated, ami to
bc deducted from trie appropriation for said peni?
tentiary when made. 1 his elicited some discus?
sion, whereupon Hayne explained that the super?
intendent had no funds to go on with the work j \
upon the penitentiary, the Asea! year having ex?
pired; that many of the convicts were idle, others
working about Columbia for parties for trhom
(he'believed) they had no business to work;
that the superintendent was BOW borrow- j
lng money from Messrs. Scott, Williams & t
Co., at the rate of one and a hair per cent, per, t
month. Leslie Intimated that there was a bigjub t
going ou, and in it was the State superintendent; t
That the o.? superintendent had made a specula- t
tion of the offlce, aid lt looked as If the new one T
was leaning the same way. After spcaklug in
this strain for3omc time, he announced lils Inten?
tion to introduce a resolution of inquiry in re- t
gard to the alleged arrangement of the superln- t
tendent with a Mr. Pope, who had leased some t
State lands in the vicinity of the penitentiary.
Nash did not like Leslie's remarks, and gave no- <
tice of his intention to Introduce a bill to provide I
foi a public granny and public grumbler, and t
wflcn it was passed he would nominate Leslie to <
fill the offlce. After some further discussion, the t
resolution was adopted. Leslie will, probably
troduce his resolution to-morrow.
ARRAIONMTNT OF DEFAULTERS.
In the Senate to-day Lunuey introiluced
following preamble and resolution, which \
laid over under the rules:
Whereas, For the purpose of maintaining 01
and the preservation of the rights of the pe
a fttrm of government was established in
State of South Carolina, and for the purpos
carrving into elTect the sahl government,
people have from time to time elected divers j
lie officers; and whereas, it is reported that si
of the said public officers are defaulters and h
railed to account to their successors in office
der the present State Constitution for propi
and monies which have coruc to their hand:
such public servants-, therefore, bc lt
Resolceil bv the Senate, the House of Repre:
tatives concurring, that a committee to consia
two on the part of the Senate and -- on
part of the House, be appointed to investigate
cases of alleged defaulters in public offices of
State and counties, and that said committei
empowered to send for persons and papers, i
shall report to thc General Assembly ar as ear
day as possible.
T?0 MANY WITNESSES.
Allen introduced in the Senate to-day a cop;
the presentment of the grand jury of Greem
Conuty, for thc January term, which stated t
the jury have been constrained to believe tin
large number of witnesses have been nnnecess
ly bound over on behalf of the State, which
cessitates a large loss of time and labor and
cumulates the expenses of the administrativ
justice, and they respectfully recommend t
magistrates be restricted lu the number of t
nesses bounO over except in those cases in wli
the solicitor deems it necessary te issue his w
teu order for others, a? is done in the Uni
States Court. It ls believed, too, that authority
this court to require the prosecutor to pay
the cost within Its discretion, would have a wh<
some effect in restraiuiug frivolous and malicii
prosecutions.
It is to be hoped that some attention will
paid to the request or this jury. This bindi
over fifty witnesses to prove that reter Joi
stole a hen is not only an abominable, but an i
pensive, nuisance: yet many of our maglstra
commit acts ia their official capacity which :
very much like that.
SCESCBimON.s FOK INTERNAL IMPROVEMENTS
In the Senate, to-day, Swails introduced a i
to authorize counties and towns to make si
scriptlons to works of internal lmprovemen
which provides that any city, county or incor]
ra:esl town shall be authorized to make subscr
tlons to any railroads, or other works of lnten
improvement, whenever a majority of the le{
voters shall so determine by a public election hi
at the regular polling places of the county, city
town; that upon the petition of one-tenth of t
taxpayers or any city, county or town, it shall
the duty of the authorities to order an elect!
for the purpose of ascertaining whether or not t
proposed subscription shall be made; at sn
election printed ballots shall be used, bearing t
words "subscription" and "no subscription
-and if a majority vote shall be for subscripts
then such subscription shall be made, and boni
to the amouut Issued.
THE SCHOOL COMMISSIONERS ARRAIGNED.
IR the House, to-day, a bill to provide ror tl
establishing or a system or free common schoo
In the Stare was takeu up ror discussion, and di
cussed most warmly and amid great confusie
for about two hours. DeLarge moved that se
tions 3, 4 and S (which provide that tho sclio*
commissioners shall select thc books and thc pul
Ushers) be referred to a special committee, an
upon his mo'.ion had a great deal to say. IJ
stated that it was rumored that there were
number or book agents here endeavoring to ge
the hooks of the publishing houses they represen I
ed adopted; that they had "aeeV most or tlu
school commissioners; that before thelntroduc
lion of this educational bill some of the school com
missioners had met In Columbia with the agent
?f a New York publishing house; what was dom
then he would not say, but would leave the mern
?ere to inrer; lt was known what the bill wouh
Jo before lt was introduced; he was In favor o
in educational bill, bnt he did not believe in om
Chat gave authority to thc school commissioner
to select and purchase the books.
THE LIE GIVEN.
At this point McIntyre (who isa school commis
Bioner) arose and said, If the gentleman (DeLarge
intended by his remarks to impugn hts (Mein
tyre's) character or intentions, he was ''a basi
liar." Thc Speaker Immediately rapped Mein
tyre down. Whipper moved that the offender b<
arraigned at the bar of the House; whereupor
DeLarge moved to lay Whipper's motion on tht
taole, remarking that the threats or that little
fellow (McIntyre) did not scare him. After some
further wrangling, McIntyre apologized to thc
House, and all motions in reference to thc mat?
ter were withdrawn.
A SHORT SESSION.
After matters had become a little quiet, Tom
liuson hoped that somuhlng would be done with
he bill; he had heard that lt had been asserted
;hat the bill should not be passed by the House
inless cogent reasons were used. Ransier spoke
ibout the bill and the books, and stated that he
?vas opposed to giving the power to the school
:ommissioners when such books as he would
read extracts from were purchased. He then
read: "Question: Who was Abraham Lincoln?
answer: \ Republican who was elected President
jy the pi-ople, and who issued a proclamation
miaucipating the negroes, knowing at the time
ie did lt he was doing wrong." After this Han?
der read one or more extracts In which "negro
oglslatures" were referred to; whereupon Whip?
per remarked that there were eleven Democrats
iraoug the school commissioners, win were per
ectly willing to put such books upon the colored
schools. DeLargu"s moilon to refer sections
l, i and S to a special commitee, was adopted
?jj a vote of Tl to 25, and the Speaker anaouueed,
is the committee, DeLarge, SasporL-S, Ezekiel,
Elliott, ?o3emon, Lomax and Henderson-all
:olored.
WASHINGTON AND HIS SERVANT
As the colored members are not Musued with
the books furnished by the school commissioners,
I would recommend to thc State Superintendent
>r Education that he purchase and cause to be
listributed a small school history introduced in
:he colored schools or Virginia by the Freedmen's
Liureau. This history Inculcated thc doctrine or
?oclal, civil and political equality, and narrated
l?verai anecdotes to show that the great men or
he earth endorsed the doctrine, (perhaps Cover
ior Scott got from this book his jud that the
Smperor Scrvius, who said "Laboremtts" was a
?olorcd man.) Among these anecdotes was one
itatlug that after a long day's inarch General
?eoige Washington rolled up In bis two blankets
ind went to sleep. During thc night he awoke,
ind. observing his faithful colored servant John
lining by thc lire, asked him why he did not go
o bed. To whi^Jolin replied it was because he
lad no blankets, lt was a bitter cold night, and
Washington told John to come to bed with him,
Vilich juhn did, slept warm, and ever afterward
?vas always to be found sharing thc blankets
ivith "Mars George."
FEMALE Sl'FFUAG?.
In thc House to-day C. D. Hayne introduced a
?esolutlon providing that thc Committee on thc
Tudiclary be requested to report, as early as prac
Icable, what action they have taken on a r?solu
ion authorizing them to prepare an amendment
o the constitution extending thc right of suffrage
o females. Richardson moved that thc rcsolu
ion be laid ou the table, which wa? adopted. It
vould be natural to suppose that the colored
uen who have so recently becu endowed with
uffrape, would, in their delight at possessing a
reasure so long and ardently coveted, be willing
o accord thc same privilege to all without regard
o distinction of sex, race or color. But not so.
'Female suff. age" is frequently canvassed by the
:olorcd men in tho "lobby," and there seems to
? but one sentiment, that they had enough to do
o m ud ihclr own business-said business, ac
:ord ng :o popula b .-!.ef, being cooking, tending
he babies and the house.
PHOSPHATES.
Thc Senate Committee on Incorporations, to
whom was referred a bill to incorporate the South
Carolina Chemical and Mining Company, reported
back'the same, with a recommendation that the
bill bc passed with amendments that the company
pay one hundred dollars for a license, two dollars
per ton for the phosphates taken out, and to have
the right to work uninterrupted five miles above
and five miles below the central point of opera?
tions, and its tributaries within that distance,
not exceeding in the whole grant a distance of
thirty longitudinal miles. If this bill be pnssed
? the company wili have the " exclusive right" on
a small scale. This and the oilier phosphate bills
will be considered next week.
STATE CONSTABULARY.
A claim of two members, or former members
of thc State constabulary force, for serviced ren
tered in Edge?eld Couuty in October, 186S, was
discussed in the Senate to-day. The claims had
not been cerliflcd to by thc chief constable. Max?
well desired thc claim to be investigated, and
during his remarks upon the subject, said that it
was his opinion that the force, so far as his obser?
vation went, did not redound to thc credit of the
Republican party. Wright dissented from these
views, anti paid a high compliment to thc forccj
as did Wimbush, who said they did not kill peo?
ple and burn churches in Marlboro', (where Max?
well is from;) up In his part of the world the force
liad done good service, and the people could not
do without them. Before they cane if a man was
murdered, (as in a case he could n.ime,) a consta?
ble came along about four days r erward with a
magistrate's warrant charging thc murderer with
"assault and battery with intent to MIL" The
State constables prevented, in a great measure,
the oppression of the people. The claims were re?
ferred to the chief constable.
CERTIFICATES OP STOCK.
In the Senate to-day a bill providing that the
State Treasurer be authorized to reissue to A. H.
Abrahams certificate of stock to the amount of
$2550, and to Martha H. Pyatt certificate of stock
to the amount of $S500, payable at the same time,
and having the same rate of Interest as those lost
or destroyed ; provided that the said Martha n.
Pyatt, her assignee, agent or attorney, give good
and sufficient security in the penal sum of seven?
teen thousand dollar-, and A. II. Abrahams a bill
bond in the penal sum of five thousand dollars to
Indemnify the State against loss, received a se?
cond reading.
STRAY ITEMS.
Tu day the Governor sent to the Senate and
House the following acts, which he had approved:
An act entitled "an act to authorize a lease of
certain lands on Edisto Island, and thc erection
or a wharf and other structures thereon;"' an act
entitled "an act to Incorporate the AYatcree Fire
Engine Company, No. 2, of Camden, South Caro?
lina;" an act entitled "an act to carry into effect
thc provisions of the constitution in relation to
thc rights of married women;" an act entitled
"an act to incorporate thc Vigilant Fire Engine
Company of Columbia:" an act entitled "an net
to Incorporate the Deutscher Artillerie Unterstut
zungs Verein;" an net to Incorporate the
Wiunsboro' Hook ami Ladder Company, of
thc Town or Winusboro"; an act entitled "an act
to incorporate the African Methodist Episcopal
Church in this State;" an act entitled "an act to
incorporate the Promptitude Fire Engine Com?
pany, or Charleston."' Also, on tlie2lst day of Jan?
uary. 1S70, approved and signed an act entitled
"an act to incorporate the Sisters of Our Lady or
Mercy, or South Carolina:"' an act entitled "An
act to recharter Blythe's Rip Turnpike Road;'"
an act entitled "an act. to designate the oillcers
!>.v whom sales ordered by the Court or Common
Pleas and judges thereof and the Courts of Pro?
bate shall be made;" an act entitled "an act to
alter and amend an act entitled an act concern?
ing thc office, duties and liabilities of coro?
ner."_ L.
TIIE SOUTU CAROLINA EIECTIOXS.
WASHINGTON, January 24.
In the House to-day. the case of Simpson,
thc member elect rrom South Carolina, was laid
aside, he being unable to take tho oath.
EUROPE*
Tile French Treaty-End or thc Crcuzot
Strike.
PARIS, January 23.
Thc Corps L?gislatif is much excited over
the English commercial treaty. Lord Clarendon
is here watching thc progress of even ts. Thc pre?
sent treaty expires February 4.
The8trikeat La Creuzot ls ended. Schneider,
president of the Senate, and chief proprietor or
thc works, attributes the strike to English machi?
nations.
Thc Council.
ROME, January 28.
Cardinal Barrani is appointed on thc Commit?
tee on Western Rites and Apostolic Missions.
Thc Alabama Claim-,-Peabody's Lands.
LONDON, January 28.
The Pall Mall Gazette states that thc Alabama
claims negotiations arc suspended.
Peabody's lands, recently seized by the Crown
ofllccrs, were released.
The cotton spinners or Wigan and Lancaster
are on a strike.
TUE OLD DOMIXIOX.
RICHMOND, January 23.
General Cunby to-day issued un order turn?
ing over the administration of Slate affairs to thc
civil authorities. The military oillcers filling thc
positions of State Auditor and Secretary to-day
tendered their resignations to the Governor.
In the matter of the negro troubles with thc
street cars, Mayor Cahoon decided that the at?
tempt or the blacks was made in violation or a
military order making a distinction, and that
now that the State was under the civil authori?
ties, negroes must seek redress in civil suits be?
fore thc State courts, or criminal prosecution be?
fore the Federal courts.
IXDIAX WARFARE.
HELENA, MONTANA, July 2S.
Four cavalry and one infantry company,
under Colonel liAkcr, left Fort Shaw and captured
Bear Chief's camp of over thirty ledges, and killed
men women and children. Eight men escaped.
Hear Cider was killed. Thc balance or the Black
Feet tribe fled to thc British possessions. It is
understood that Baker's expedition have permis?
sion to cross the lines in pursuit.
TUE GEORGIA LEGISLATURE.
ATLANTA, January 2*.
The House to-day decided by a vide of OG to
50, to qualify and seat those persons who received
the next highest vote to those members who were
declared ineligible. Of those members whose
seats were declared Ineligible hy General Terry,
nine were sworn in to-day, three or whom were
colored.
MISSISSIPPI POLITICS.
JACKSON, January 27.
General Ames left for Washington last night.
lt is believed General Alcorn will go with him.
II. R. Revels, colored, United States senator, left
for Washington this evening.
DISCHARGE OF WORKMEX.
PORTSMOUTH, January 28.
Six hundred workmen have been discharged
rrom the navy-yard on account or the exhaustion
of thc appropriations.
SPARKS FROM TUE WIRES.
The Cincinnati distillers have resolved to
oppose thc forty-eight hour fermentation, and
have evinced a determination to test the question
in the courts.
The Green Line excursionists from Cincinnati,
some three hundred in number, arrived at Savan?
nah yesterday, and were entertained by the mu?
nicipal authorities. They will visit thc forts and
other points of interest during their stay.
WASHINGTON.
[FROM THE ASSOCIATED TRESS.]
WASHI.NT.TON, January 28.
A somewhat sensational Washington corres?
pondent says, regarding Corbin's evidence before
the gold committee: "Mr. Corbin admitted that
he was engaged in speculations with Jay Gould,
and the Impression produced on some of the
members of the committee was, that he led Gould
to believe that he had Influence with the Pres!"
dent through Mrs. Corbin, the President's sister,
and thus got Gould to embark In the specula?
tion."
LATER.-Revenue five hundred and ten thou?
sand dollars.
The Territorial Committee have agreed to re?
port a bill to abolish polygamy in Utah, and em?
powering tiie President to enforce Its suppression
by the military If necessary.
Thc steamer Seminole has been ordered to
Santana.
CONGRESSIONAL.
Nothing from committees. Senate business un?
important.
The House passed a resolution providing for thc
election of public printer In joint session.
Gibson, of Virginia, was sworn In aud seated.
LATER.-In the House the legislative, judicial
and executive appropriation bills were np.
Voorhccs made a long speech on the financial
question mid the national banking system.
Butler made another response to Dawes. Thc
latter replied, and said he was willing to let the
country judge in reference to anything he had
said.
The Committee on Elections reported in thc
case of the claimants from Georgia, under thc
elections of I8CS, declaring them not entitled to
their seats.
The session to-morrow will bc devoted to debate
only.
A bill was passed providing for the election of
public printer by both Houses.
In the Senate, Mr. J. W. Johnson, senator from
Virginia, was sworn In.
The bill allowing conscientious Virginians "to
afllrm" was passed, and goes to the President.
The bill abolishing the franking privilege was
read twice. Ramsay moved Its Immediate con?
sideration, Drake and Vickers objected, and lt
was referred to the Committee on P?stemeos.
The bill involves the abolition of the free circnla
Hon of papers within the counties or parishes of
publication.
The Judiciary Committee were instructed to in?
quire whether additional legislation ls necessary
regarding Georgia.
Discussing an appropriation for the poor, Mr.
Hamlin said : "And to thc credit of thc Jews, bc
lt said, that while they have contributed liberally,
they have supported their own poor.' '
The currency bill was discussed to adjourn?
ment.
THE SOUTH CAROLINA ELEOTIOJtj^
THE CASE OF WALLACE VS. SIMPSON.
Interesting Debate in thc House of Rep?
resentatives.
[FROM DUB OWN CORItnSPONDEST.]
?WASHINGTON, January 2?.
Thc House yesterday devoted its five hours
session to tho Slate of South Carolina, hy con?
sidering Hie contested election case of Wallace
against Simpson, of the Fourth District. The
various reports in this case were made, as has
already been suited lu THE NEW.S, on April
18GD, but were reviewed in yesterday's discus?
sion.
The majority of thc committee stated that by
the operation of House resolution adopted
Mareil 22, 18Gi>, the committee are relieved
from any affirmative consideration of the
claims of Simpson, since it is ascertained by
them that he is unable to take the iron-clad
oath, but whilst a majority ol the committee
are of opinion that in such cases votes cast for
candidates so ineligible ought not to bo count?
ed or regarded as votes, and "that sound
policy and especially the interests of loyalty,
law and order would be subserved by adoptlnj
a rule that votes cast for an opposing candi?
date or candidates who were qualified in the
sense of eligibility, should be counted as thc
only votes legally polled, yet understandmj
that an opposite theory has been actually
adopted and acted upon by thc House in cases
heretofore acted upon, involving this identical
question,'' they felt bound to consider the
question under that nile, and try thc
claims of Mr. Wallace in exactly the same
manner as though there stood in thc place of |
William D. Simpson a claimant of unquestion?
ed eligibility. 'Hie majority report then goes
on to maintain that the general certificate
required liv section 41 of the Soul li Carolina
Election act was never prepared nor forward?
ed to Hie House ol Representatives; but state
that "a determination" as to thc result of the
eleclion, and a copy duly certified was
transmitted, nol, however, to a single
person, but to both Messrs. Wal?
lace and Simpson, each dated on thc
same day (December 2, 18G0,) and signed
in due form by thc board of canvassers, and
conforming to the requirements of law. The
majority say that there, is no pretence of j
forgery nor mistake claimed, but this un?
usual state of facts is found in a state?
ment of the board ol' canvassers. This
"statement" is doubtless familiar to the peo?
ple of ^outh Carolina, and attempts to pre?
judge the whole question and assume functions
thal only belong to the House of Representa?
tives of the United States, which, by the con?
stitution, is made the "judge of the returns
and qualifications of its own members." In a
word, the board of State canvassers say
that Simpson is disqualified by the Fourteenth
amendment, because in 1858, as ajnember of |
the South Carolina Legislature, he took an
oatli to support the Constitution ot thc United
States, and afterwards entered the Confederate
Stales army. They then go on to say that if|
Simpson's eleclion is illegal and void, Wal?
lace, who received thc next highest num
nunibcr ol' voles, is lawfully entitled to the
seat in the House ; and they wind up with a
protest at "feeling compelled lo give a certifi?
cate of eleclion to Simpson, and desire lhat
no nniluc force shall bc given to thnt ccrti
ticatc." As -private citizens ' they go out of
their way to pronounce Simpson's eleclion "as
an outrage, ii ghostly triumph,'' ?fcc, Neagle,
thc Comptroller-General of the State, attaches
a postscript to this, and says that he desires
said certificate to be considered as if his name
was not signed to it. Thia is thc substance of
Hie views submitted by Mr. Burdett, ol' Mis?
souri-as those of the majority of the House
Election Committee-and on it they declare
that Wallace was prima facie entitled to the
seat. %.
Tile minority of the committee, through Mr.
Burr, of Illinois, state that "the eligibility of
Simpson was put in issue, and the committee
unanimously reported to the House that, by
the statements of the party himselt and his ex?
press admissions, lie was, under the 3d section
of article 14, ineligible to thc seat. That re?
port was accompanied by a joint resolution,
sanctioned by a majority of the committee, pro?
posing to remove the disabilities; and thus the
claim of Simpson to the seat would bc. for the
time being, suspended by direction ol the
House. Yet, ulthough we may not co
his papers in support of his own claim
he shall have been relieved of dlsabiliti
may and must consider his papers, In ot
determine whether the papers^relied up
his competitor show upon the face su
title to thc seat in dispute."
Mr. Burr goes on to show by the ri
that Mr. Simpson was elected by a large i
lty, and that he holds the prima facie <
cate of election: "Now for the cxhib
favor of Mr. Wallace. Thc only papers i
port ol his prima facie claim are, first,
tiflcate by the board of State canvassers
porting to have been executed on thc
day ag that held by Mr. Simpson; and, se
a separate 'statement of the beard of
canvassers of South Carolina in the c?
the election of William D. Simpson.' 1
consider the certificate first. Ic differs
that held by Mr. Simpson only in three
liculars, and need not, therefore, bo se
here, except so far as the difference is
considered. Simpson's certificate declare
to 'have been duly elected by a n
ity of votes.' Wallace declares hin
'have received a majority of legal v
The next point of difference is that Wal
paper bears the signature of Daniel H. C
borlaln, Attorney-General, in addition t
names of State canvassers signing Simps
and last, the paper presented by Wallace 1
to thc left of the official signature of the
vasscrs the words, "Robert K. Scott, Gove
of South Carolina.' The minority sn
these differences by an elaborate argur
and say that "the majority arc undcrstoi
hold that the statement, without date, by
doza, Parker and Chamberlain of the cai
ser's amounts to aa official recantation of
official act of'December 1, upon which act
since been based
First. A public statement.
Second. A certificate to the party.
Third. A commission by the Governor.
The minority submit that, both by lap.?
time and force ot snbsequent official ac
these men were barred from recantation i
if, on any showing, they might exercis*
Tills view, if correct, disposes of the argur
that Ncagle, thc Comptroller, might ret?
for if three together may not, of course
cannot. The minority allude to the assu
tion that these commissioners were intim
ted and under duress when they first ac
and they ask, 'Where is the proof?'
opening statement heretofore quoted, that i
.have felt compelled to declare !' Compe
by what? Intimidation? Violence ? Thrci
^Tliis is mere pettifogging. Could not
same force that 'compelled' the first act j
vent the publication of this 'statement ?' 1
sentence merely says that a strict discliarg
official duties under tho law compels ceri
action on their parts, which is a declara!
that Simpson and not Wal'ace has prima ft
right to the seat ; and they then say why tl
think will be found to be thc relative rights
Hie parties on final hearing of thc case on
merits. So far as this paper is a 'protest,'
that of Nengle 'dissent,' thc law of South Ca
lina provides for its reception by the Secret
of State, in whose office lt shall be recorded
a book kept for the puni?se ; but in no sect
ls found authority foran act of revocation, c
paper annulling a preceding official deed."
When the discussion came up in thc Hoi
yesterday, Mr. Marshall, of Illinois, inquli
for the certificate alleged t? have been issi
to Wallace, and the committee had thc ck
read both-the one issued to Wallace and t
one to Simpson. Mr. Randall, (Democrat,)
Pennsylvania, then addressed the House
favor of Simpson, and read from the Columl
Phcenli thc official advertisement of thc boa
ol canvassers, showing that Simpson w
elected by 42D2 majority. He said that thc
was no such certificate, no such publicati
made or pretended to bc made in any respei
as to Wallace, as the law required, and th?
went on to show that the "general certificate
which the majority say was never sent to tl
House of Representatives, icas sent here ai
tect? lost, or teas stolen. But this pap
having now turned up since the commilti
decided the case, Mr. Randall maintain!
very Justly that the record was now complet
that thc case was fully made up, and th;
Simpson wits prima facie entitled to the sea
Mr. lt., in the course of his remarks, said th?
he had authority for stating that it "could t
established upon the testimony of Cardo?
Secretary of State of South Carolina, that til
certificates presented by H?ge and Wallila
and relied upon by thc majority as showing
prima facie title in favor of H?ge and Wallace
were uotgotteu up in Iiis (the Secretary t
State's^ office, or signed by him as an otliei:
act, as he will say under oath: that H?ge an
Wallace called and got irom him the blank eel
lilieates. carried them oui of his office, am
had them flited up as they appear; that the,
then returned, sought lils signature, and ob
taincd lt, without lils reading or noticing il
contents or the dates." And In the furthc:
course of debate, he said that the committci
Intended to bring these two gentlemen befon
them to explain to the committee and ttu
House how they could legally sign two sets ol
papers. Mr. Randall added:
I slate that he will further say under oath,
il allowed to come here and testily, that he re?
garded such signature.as unofficial, because it
was beyond the" time allowed by law to do any
official act in the premises.
Now, in the face of all this, is thc Ilon.se pre?
pared to thrust a man in here who never was
elected by thc people he claims to represent
here ? And not only was he not elected, but
he was beaten by over four thousand votes.
This is a case in which not even the largest
latitude of political disposition will warrant
the party on the other side of tho House in
taking the position advocated by the report of
Hie majority. This officer will swear-and
recollect that it is Mr. Cardoza of whom I am
speaking, tito colored Secretary of State of
South Carolina-and he ought tu be good au?
thority in this House
Mr. H?ge. Has the gentlemen the affidavit
of the Secretary of Slate ol'South Carolina ?
Mr. Randall. I staled distinctly that if the
opportunity was given Mr. Cardoza would
prove what I have stated.
Mr. H?ge. Stated by what authority?
Mr. Randall. By the authority ol'oilicial let?
ters in my possession, which the gentlemen
can have access to at any time. I hope this is
satisfactory lo the gentleman.
Mr. H?ge. 1 deny that thc Secretary of
State ot South Carolina has ever made'any
such statement.
Mr. Randall. Give us thc opportunity to
prove it; it is a question that can be settled if
allowed; and I will say further that be Will
swear that they were gotten up as late as Feb?
ruary, 1S6'.), although uearinj; date December
2, lsiJS. (See election law of September. Hilt*,
sections 34 aud 40.) He will also prove that the
Capers purporting to be a statement of the
oard of Slate canvassers on page 20, of docu?
ment 18, in Hoge's case, and page 14, docn
ment 17, in Simpson's case, are without date.
That is a remarkable fact, that the Committee
of Elections should base the admission of Mr.
Wallace to a seat in Ulis House upon a state?
ment of tacts that is without date, which should
have been made within live days in thc prima
facie case.
Now, sir, if there is anybody to be injured
by that it surely should not be Mr. Simpson.
Mr. Cardoza will testify that these papers were
gotten up In February. 1809, and that he in?
tended to sign them as an individual opinion
and not as an officer of the State.
And he will further prove that no paper in
regard to the election has ever been recorded
in his office except the certified statement and
determination referred to in section forty
three of the election laws, and that is the one
?which gives Mr. Simpson the prima facie right
to a seat here. Neagle's withdrawal has never
been filed.
I am further advised that Attorney-General
Chamberlain, if brought here, will prove that
the statement and papers In favor of H?ge and
Wallace were gotten up long after Reed and
Simpson had been declared elected in accord?
ance with the statute of South Carolina."
In the course of a longer discussion which
followed, Mr. Peters, of Maine, one of the Re?
publican members who lately visited South
Carolina, said: "I would like to sustain the
Committee of Elections bereif leonid. I un?
derstand that Mr. Simpson had a majority of
over four thousand votes; that he is entitled
to the prima facie election, but that he is not
eligible. I have maintained before this House
more than once that his ineligibility ought to
be removed, but I have been voted down.
Now, I understand the committee to say that
Mr. Wallace is entitled to the seat, not upon
thc merits, because they have not been ex?
amined, but prima facie. I do not agree In
that view. The law ls against it; the prece?
dents arc against lt; and I hope our friends on
this side o? the House will have the courage to
stand up here against the report of that com?
mute, and say that, as a matter of law, Mr.
Wallace is not entitled to aprima facie seat.'
At last a vote was reached on thc following
resolution as a substitute for thc one original?
ly reported by the majority of the Election
Committee:
Resol ved. That W. D. Simpson ls not entitled,
under resolution of March, I860, to a seat from
the fourth district of South Carolina, by rea?
son of ineligibility; and that A. S. Wallace is
not entitled to stich scat because he was not
"by the greatest number of votes duly elect?
ed" by the people of that district.
This was adopted as an amendment by 103
yeas to 73 nays, and not voting 34. Ben
Butler here stepped in and moved to lay the
resolution, as thus amended, on the table, and
it was carried mern con., it being understood
that he would offer the following, which he
did, and which was adopted :
Resolved, That the claims of A. S. Wallace
and Wm. D. Simpson to a seat in this Con?
gress be again referred to the Committee of
Elections, to be examined and reported on
upon tile merits of the case as presented.
This explains itself. If the committee de?
cide Simpson ineligible, the question arises
shall Wallace have thc seat ? The Impression
now is that both will bc thrown out and a new
election ordered. Z.
TUE BOXAT*ARTE TRAGEDY.
FUNERAL OF VICTOR NOIR.
Chanting the Marseillaise - Exciting
Scenes In thc Street.
The European mails of Tuesday bring the
first printed accounts wc have had ol'the kill?
ing of Victor Noir, in Paris, by Prince Pierre
Bonaparte, the most important points of which
have been anticipated by cable dispatches.
Thc details of Hie funeral of M. Noir, however,
contain some interesting matter not hitherto
fully given. The preparations for tills event,
which took place on the 12th, were simple, but
the event Itself proved a grand popular spec?
tacle. There were, it is estimated, not less
than 100,000 persons in the procession and
present at the grave. From the Rue de Marche,
Neuilly, where the procession was formed, to
.thc grave, thc crowd was tumultuous, and, in
spite of efforts to thc contrary, thc most in?
tense anti-imperial enthusiasm prevailed.
AT TUE OBAVE.
The cortege at about 4 o'clock reached the
street which leads from the avenue to the
cemetery. This thoroughfare being extremely
narrow and already crowded, the relatives and
intimate friends of the deceased alone accom?
panied the body to the grave, where, there
being no religious service, the ceremony last?
ed but a short time. Addresses were pro?
nounced over thc grave by MM. Rochefort,
Delesluze, DeFouvIclle, Fiourens and Louis
Noir.
The following are the speeches:
SPEECH OF ULRIC DE FOUVIELLE.
Citizens-In the presence of tills tomb, in the
presence of you all, I assert that Victor Noir
has been cowardly assassinated by Pierre Na?
poleon.
Without reason, without motive, without
provocation, he was killed in cold btood before
my eyes.
But wc shall look lor revenge.
Il wo cannot obtain Imperial Justice, wc shall
have recourse to the justice of the people.
Victor Noir, my lriend. my brother, thou
hast, watered with thy blood the dwelling of a
prince for the holy cause of liberty. Victor
Noir, I will avenge thee ! I will avenge thee !
I will avenge thee !
SPEECH OF ROCnEFOllT.
Citizens-In the presence of an event so
grave, a situation so difficult, I feel that it ts
impassible to maintain the moderation which
subserves the interests of our great cause. In?
surmountable obstacles await us In Paris. The
government-and I have it from reliable
authority-the government has made formid?
able strategic dispositions. It is almost im?
possible to carry the remains ol Noir through
Paris. The enemy, always ready to crush us,
waits us with iron heel. We are sufficiently
numerous, I am happy to say, to bent him
back, but he is armed, and well armed, and
you, citizens, have nothing.
Ah ! you do not know but Lhis may lead
to a certain death, for the government waits
for the moment, to finish thc republic, already
too well defended.
I do not know for certain, and I have so
little confidence in him that I have come arm?
ed. I have no longer leisure to go otherwise
after the assassination ol'our brother by Pierre
Bonaparte.
With respect to our vengeance, we shall
have it. Thc occasion to-day was without
parallel, do you say, and it shall never be re?
peated ? It ls an error. Every day wa shall
find but more favorable still that which you
trust is lost to-day.
And to the force which shall oppose Itself to
tile passage of liberty we shall oppose first
with the force of right and justice, and after?
wards, If it must be, with armed force.
As to the government, we no longer look to
it for satisfaction. We wish nothing from it;
we want no more of lt. Never yet has
a falling government been able to raise it?
self when it once began to glide. The fall is
nigh; the fall is fatal. This is why I demand
patience and calmness from you. Let us con?
duct our brother to the cemetery of Neuilly,
and go quietly through Paris, the only mani?
festation possible tor us to-day. Auy mani?
festation in the streets will but compromise
the cause of Radical Dcniucracy.
ADVANCE OF THE I'ROCESSION.
Thc hearse filially moved, and Rochefort
mounted its step and saluted thc crowd, who
cheered enthusiastically. When the proces?
sion reached the Avenue de Neuilly, a stop?
page took place, and a march to Paris instead
of Neuilly was again urged. Louis here
mounted the shoulders of several men, who
stood together, and harangued the multitude.
The horses were detached and men took tlteir
place. Some one then shouted that the body
should bc taken to the cemetery of P?re la
Chaise.
The pressure of the crowd became violent,
and Rochefort, after exclaiming that he was
stifled, fainted. He had eaten nothing since
the morning of the day before, and was weak.
He was carried to a grocery and revived. Thc
hearse finally moved towards Neuilly, drawn
by human bands.
AT THE CEMETERY.
Tlie cemetery was crowded, and the trees
were filled with spectators. Furious cries
greeted the procession.
After the lowering of the body in its grave,
M. Milleere shouted :
"Chizens, we will revenge Noir. His blood
causes our cup. already full, to overflow !"
M. Gustave Fiourens followed him, saying:
..Our unhappy friend has been assassinated
bv Pierre Bonaparte. He was young; lie was
good; rmi or heart, with a nobie luture oerore
him. He has fallen by thc ball of an assassin.
Vengeance ! Althong'h his family have op?
posed our conductins his remains to Paris."
Louis Noir here interposed, saying, "No, his
family have not opposed it. His body is not
mine. It belongs to the Democracy-to the
republic. Others, not I, decided that it should
be brought here. We should not make it our
standard. Our veritable flag should be his
memory, which we will carrv firmly and
high.?
M. Ulric de Fouvielle said:
Citizens-In presence of this tomb, in. pres?
ence of you all, I swear that Victor Noir bas
been assassinated in a cowardly manner by
Pierre Bonaparte, without reason, motive, or
provocation. He was murdered in cold blood
under my eye. We await the expiation of his
death. Ii we do not obtain it through impar?
tial justice, we will have recourse to the Justice
of thc people. Victor Noir, my lriend, my
brother, thou who hast, lu the name of liberty,
washed with thy blood the abode of a prince,
I will avenge thee ! I will avenge thee ! I will
avenge thee !"
CHANTING THE "MARSEILLAISE."
At this moment the spectators and followers
must have numbered at least one hundred
thousand persons. They now broke up into
groups in the roadway, and while awaiting the
return of the funeral party formed into knots
for discussion, in which the mo3t revolution?
ary opinions were freely expressed. A little
later M. Rochefort returned from the cemetery
in a cab, which then took the lead at a walk,
and the people set out on their return to Paris.
Then occurred, perhaps, the most curious inci?
dents of thc day. A separation took place be?
tween the mere idlers and the more dangerous
portion of the assemblage, the former keeping
to the sidewalks, continuing their part of spec?
tators, while the latter lormed a complete
army of about forty thousand lads and work-,
men, and marched in close ranks, chanting
the "Marseillaise," varied at intervals with
cries expressive of their sympathy for Roche
fort and a republic.
DISPERSION* OF THE MOB.
The re-entrace of the procession into Paris
was marked by a continuance of the tumult.
The chant of tl .".Marseillaise'" had not ceased,
and the throng, apparently emboldened by en?
countering no opposition, shouted still more
defiantly their seditious cries. The Round
Point had just been reached, when suddenly
there was a gleam of sabres behind the Palace
of Industry, and a dark mass which had been
almost concealed in the shadow of that build?
ing spread out Uko a fan across the Champs
Elysees, and in a moment a triple Une of ser
gents-de-vlUe, supported by a squadron of
hussars, barred the way: then, Just opened to
allow the carriage of M. Rochetort to pass, and
closed up again, separating him from his fol?
lowers.
An officer then advanced, and after he had
summoned the people to disperse, three short
rolls of the drum, giving the legal warning,
were heard. The crowd appeared f?r an in?
stant to hesitate, but at that moment the
clouds, which had been gathering heavily over?
head, burst all at once, and a sharp shower of
rain came down, driven hard by strong gusta
of wind. This was sufficient to decide the
waverers, and they Instantly disbanded Into
a disorderly rabble, whlch'forsook the road for
the shelter of the trees in the side avenues, or
thronged forward in the direction of the Place
de la Concorde.
At the corner of the Rue de Rivoli the mob
met a small body of national guards, whom
they cheered heartily, waving their caps Lithe
air as they passed. Before the Tuileries,
shouts ol "As-sas-sln" were raised to the air of
the "Lampions," after which the workmen
wended their way to their respective districts.
VICTOR NOIR.
The Pays has the following: "It has been
said of M. Victor Noir that he wr.s only twenty
years of age; he was twenty-two. It has been
said that he was a mere boy; he was a man of
herculean strength. That ne was good natur?
ed was true enough; bnt he was known to be
of a violent temper. His exceptional iorco
was certainly the best title he had to literary
renown, and that same muscular vigor wu
probably the very quality that procured for
Boor Victor the fatal honor of accompanying
[. Ulric de Fouvielle. Poor fellow ! he had a
good heart, but it was ever In bis hand, and
that hand had sometimes the mishap to fall on
a head or a check. But if it struck readily,
there was no malice. After having turned his
back, Victor Noir would think no more about
the matter; he had not the least rancor in his
composition."
PRINCE PIERRE.
Prince Pierre Bonaparte, now fifty-five years
of age, is a corpulent man, above the middle
height, and wearing heavy moustaches and im?
perial. He walks with difficulty from having
gouty feet. Having been long In the Foreign
Legion, he has all the air of a military man.
During his military career he gave frequent
proofs of courage and energy. His marriage
in 1868, at ^nieux, a property he owns in the
Ardennes, made, some noise, his wife being
thc daughter of a workman in the Faubourg
Sulnt-Antolne. That union, however, legiti?
matized a son of twelve years of age and a
daughter of four. At the present moment the
Prince is in mourding for his father-in-law.
TUE VICTIM KILLED ON HIS MARRIAGE BVE.
The London News, of the 13th, contains the
following :
M. Noir (or Salmon, as his real name was-a
contraction of Salomon) was less than twen?
ty-one years of age, and was to be married on
the morrow of the tragic occurrence. He Is
described as a youth of frank, jovial, genial
disposition, universally esteemed in the minor
literary circle to which he belonged. He was
himself unarmed. M. Fouvielle was provided
with a revolver and a sword-cane; but lt would
have been idle for him to draw a pistol at the
beginning of the fray, If that weapon wa",
after all, to be of no avail either In aefer*d!??
or avenging his companion; w'.'M-eas. U' we
take it for granted that the Pi ince Himself
commenced hostilities, lt becomes perfectly
easy to believe that M. Fouvellle, taken by
surprise, Inslinctly laid hands on his weapon,
though he was too bewildered and terror
stricken to use it. He himself relates that he
avoided the Prince's fire till he was fortunate
enough to edge himself out between the door
and his enemy, when he followed his wounded
friend down stairs. It ls but fair to state, how?
ever, that two medical men, who saw the
Prince soon aller the encounter, bear witness
to the mark of Hie alleged blow OP his face,
and that his familiar acquaintances arc quite
sure he "never went without a plsioi In his
pocket, either at home or abroad."
On the other hand, though lt is difficult to
find words to describe the vile language used
by the Marseillaise in its attack upon the
Prince, it must be borne in mind that the ar?
ticle In that Journal was only an answer to a
paper signed by the Prince and printed in a
Corsican journal, in which, among other ele?
gances," the Imperial writer advised his Corsi?
can friends to "tear out the bowels of their
opponents"-whom he described as beggars,
knaves and thieves-"and to use them for
manure."
THE EMPEROR APPROVES PROCEEDINGS AOAJQCST
TUE PRINCE.
Tile Emperor learned the news of the kilUng
of Noir on arriving at the railway station on
his return from Rambouillet. M. Pietrl, pre?
fect of police, informed his Majesty, who be?
came quite pale, and directed his Informant to
have the matter immediately brought before
thc judicial authorities. M. Emile Ollivier, ou
leaving the legislative body, examined all the
papers relating to the Incident, and gave orders
to have the Prince arrested. He then pro?
ceeded to thc palace, and after stating to his
Majesty the gravity of the situation in which
Prince Pierre was placed,' announced that he
had directed :h . Immediate commencement of
the Judicial examination. "I approve," said
the Emperor, "of all that yon have done. No
?member of my family is above the law, and
justice must pursue Its course with the greatr
est possible publicity."
THE PLEA OF ASSAULT.
In giving his account of the altercation
which led to the killing of Noir, Prince Bona?
parte still asserts that aller some conversation
with M. de Fouvielle, he asked his Interlocu?
tors, in somewhat sharp language, whether
they considered themselves jointly responsi?
ble with MM. Gousset and Rochetort; that M.
Victor Noir then replied in the affirmative, and
struck the Prince in the face. Immediately
the latter, who has long been accustomed, ac?
cording to the testimony of some witnesses, to
carrv a small revolver, drew out the weapon
aud fired. The Prince added that had he not
been provoked bv M. Noir he should not have
shot him, as M. de Fouvellle-a point the lat?
ter does not deny-was the person who had
spoken during the interview. The fact is as?
serted that immediately after thc scene which
had taken place. Doctors Pinel and Morel had
found thc traces ol' a blow on Prince Pierro
Bonaparte's left cheek, near the ueck.