The Charleston daily news. (Charleston, S.C.) 1865-1873, February 05, 1870, Image 1
irr^T TTUff IT_N?TMRER 1259.
CHARLESTON, TUESDAY MORNING, JANUARY 4, 1870.
SIX DOLLARS A YEAR.
COLUMBIA.
THE SOCIAL EQUALITY BILlSYIR
TVALLY EASSED.
A BATCH OF MISCELLANEOUS BUSINESS.
[SPECIAL TELEGRAMS TO TIIE NBWS.]
COLUMBIA, February 4.
In the Senate, the consideration of the re?
port of the Committee on Incorporations on bill to
regulate tbc digging and mining of phosphate
deposits from thc navigable streams and waters
of thc State of South Carolina, and of the report
on thc old phosphate "monopoly" bill, was post?
poned.
The bill to incorporate thc Sumter Manufactur?
ing Company was read a second time.
Thc following received a second reading: A bill
to empower circuit judges to change the venue
for thc trial of actions, both civil and criminal; a
h?l to amend thc charter of the Cranltevillc Man?
ufacturing Company ; a bill to secure a speedy ex?
amination of persons arrested for indictable of
feuees; a bill to secure equal civil rights, and to
provide for thc enjoyment of all remedies in law
\tj all persons, regardless of race and color; a
LU! to fix the weight of crude turpentine which
sl'all be understood to make a barrel, in the ab?
sence of proof of a special stipulation to the cou
. trary ; a bill restoring to the famiiy of Isaac Halth
cock, deceased, a tract of escheated land In thc
County of Sumter; a resolution to rill vacancy in
Railroad Committee.
The unfavorable report of the committee on a
bill to provide for paying coroners' Juries was
adopted.
The Senate refused to concur in the House reso?
lution to meet In joint assembly Frlday^February
ll, to elect an associate Justice of the Supreme
Court for a full term of six years.
The phosphate bill was passed and sent to the
Hou?e; also the bUl to incorporate thc Town of
Florence.
Dickson introduced a bill to empower certain
a*
county commissioners to subscribe to thc capital
stock or the South Carolina Central Railroad Com?
pany.
Corbin gave notice of a bill to amend the act to
organize Circnit Courts.
In the House, the Labor Committee reported
unfavorably on the joint resolution to authorize
J^e Governor to appoint contract agents ror
labor in each county.
Thc Senate Phosphate bil), and the bill to au?
thorize George Waterhouse to build a wharr in
Bcaurort, were read thc first time.
Boston gave notice of a bill relative to matri?
mony.
A resolution to tine members absent without
leave six dollars a day was tabled.
A bill to amend the charter of the Town of
Greenville was passed and sent to the Senate.
The Senate bill to regulate the rights of railroads
received a second reading: also a Senate bill to
establish and maiutalna system of free common
schools ror thc State or South Carolina; also a bill
to amend thc charter or the Granite ville Manufac?
turing Company ; a Senate bill to Incorporate the
Independent Elliott Hook and Ladder Company,
of Orangeburg, S. C. ; a Senate bill to provide for
a general election or county officers; a bill to In?
corporate the Comet Light Infantry, the Ran?
dolph Riflemen and the Lincoln Guards.
TUE GENERAL ASSEMBLY.
A DULL, BUT IMPORTANT DAY.
Phosphates-Coroner?' Jarles-J ndgn
and Justices-The State Const ab alary
-Moses* Lecture on Religion.^^^r
[FROM ??B OWN CORKESrONDKNT.]
COLUMBIA, February 3.
MOUNT PLEASANT.
In the Senate to-day was presented and re
ferred to the Judiciary Committee a petition
sigued by P. and G. F. Kiuluch, B. F. Richwood,
Charles Williams, George Itivcrs, Casey Grant,
Louis White, Qulntius Faber, July Small, Ben
min Brown, R. S. Hudson, Thomas Hamlin, Elias
Yenning, R. S. Venning, and others, protesting
against the passage of thc bill to amend the char
ter of Mount rh asant and providing for a new
election. The petition respectfully sboweth that
your memorialists arc owners of 4ands adjoining
the Town of Mount Pleasant, which were for?
merly the property of two individuals, but have
recently been subdivided into small farms, which
nrc owned and cultivated, In many casces, by
the proprietors; that this subdivision alfords em
ploymcnt to many more laborers, and also en?
hances thc value or thc lands and increases thc
producing ability, and, consequently, the reve?
nues or the State from taxation; that much of
these lands have, within the past four years, been
cleared and fenced ror thc purposes or cultiva?
tion, at cousiderable expense to thc owners, and
ror which they have not yet received any ade
quate returns; that your petitioners, therefore,
pray that the bill now before the Legislature,
amend the charter of the Town of Mount Pleas?
ant and provide for the election or municipal otu
cers," may not become a law, as lt would, ir pass
ed, defeat the hopes and reasonable expectations
of your petitioners, and add nothing to the value
or prosperity of that town.
CORONERS' JfRIES.
The btu from thc House to provide ror the pay
raent or coroners'juries was, when lt came Into
the Senate, rercrrcd to the Judiciary Committee
X>r ?hat body, which reported to-day, recommend?
ing that the bill be not passed, stating that the
service of coroners' juries has always been per?
formed gratuitously, and was a duty which every
good citizen owed to society. It has been per?
formed cheerfully lu this State. To pay jurors
would not be wise nor ls lt necessary; lt would be
contrary to th* custom of almost every State,
beside it would add largely to the contingent ex?
penses of the counties and the people would real?
ly gain nothing by th" expenditure.
JCDCE OK THE FIFTH CIRCUIT.
To-day, at one o'clock, was thc time fixed hy a
Joint resolution to meet In Joint assembly to elect
a Judge to fill thc vacancy in the Fifth Judicial
Circuit, caused by the death of Judge Boozer. A
snort time previous to the hour fixed, Corbin in?
troduced in thc Senate a joint resolution provid?
ing that thc time for the election bc postponed
until one o'clock on Saturday next. The resolu?
tion was adopted and sent to the House, which
body amended lt so as to provide foran election on
to-morrow (Friday) week. In which amendments
the Senate concurred. I have stated that there
was a probability of Mr. C. D. Melton, or Colum?
bia, being elected, and at the time the statement
was made there was every probability that he
would be elected without much opposition. Now,
however, he will have much to contend against, as
several parsons not bcrore mentioned In the con?
nection have been announced a3 candidates
among them the following;: W. E. Earle, lawyer,
or Greenville; T. n. Cooke, lawyer, or Orangebnrg,
formerly or Lexington, aud Scott Murray, or An?
derson, who Is said to be a Baptist minister and
also a lawyer. Earle will be the strongest oppo
??ent of Melton, ?nd th: vote may be very close.
PHOSPHATES AND THE EXCLUSIVE BIG UT.
About half-past ll o'clock to-day, the Senate
resumed the unfinished business of yesterday
the report of the Committee on Incorporations
on a bill togranttocertaln persons therein named
the exclusive right to dig and minc in the beds
of thc navigable streams an I waters of the State
of South Carolina for phosphate rocks and phos?
phate deposits. Cain at once moved (hat the re?
port be laid on the table, ami thc biil bc taken un
for a second reading, which was adopted, thc
bill rend a second time and then considered sec?
tion yj sections. A motion to strike ont Ute en?
actment clause was defeated, whereupon Nash
moved that the names of Edward Willis and
Alexander H. Chlsolm be stricken out of thc list I
of incorporators. Thc motion was adopted, t
After this about seventy motions to postpone or c
amend the bill were made by the opponents of it,
but finally lt was, after receiving several amend- I t
ments, read a second time by sections and order- | t
ed to be engrossed for a third reading, by a vote
of nineteen to two, as follows: Yeas-Harber,
Cain, Corbin, Dickson, Duncan, Greene, Hayes,
Johnston, Lunuey, Montgomery, Maxwell, Nash, I I
Owens, Italney, Reid, Rodgers, Swails, Sims and | 1
Wimbush-19. Nays-Arnim and Hoyt-2.
THE BILI. AS IT NOW STANKS.
This is thc bill which created so much excite?
ment in Charleston-thc one winch was called a c
"monopoly," "a financial bed of roses In which t
reposed a snake," and various other names, both t
poetle and otherwise. The bill, as it now stands, il
ts very different from thc one introduced; it is
quite meek, and has not the strctigth. if lt had
thc Inclination, to grasp and strangle In its clutch?
es "the wealth and power" and votes of thc State; j c
It ls a Samson shorn of Its locks-"a financial | a
bcd of roses," with thc flowers scorched ami
withered, with the snake reposing therein scotch?
ed. Thc sections of the bill as it stands, after
pulling through thc Senate and leaving a portion | \
of its strength at every step, arc as follows:
SECTION. 1. That the State or South Carolina I t
docs hereby give and grant unto thc following t
named persons, to wit : George W. Williams,
Charles C. Coe, James U. Taylor. Joseph R. Rob?
ertson, Edwin Platt, William L. Bradley, James 3
Bridge, Jr., William Birnie, and such other per- ,
sons as they may assoelato with them, the right
to dig, raine and remove, for the full term of 1
twenty-one years, from the beds of the navigable [
streams and waters within the Jurisdiction or the .
State of South Carolina, the phosphate rock and
phosphatlc deposits : Provided, that the persons 1
named and their associates shall not, lu any way,
interfere with the free navigation of thc naviga?
ble streams and waters of the State, or thc private
rights of any citizen or citizens residing upon or
owning lands upon thc hanks of thc said naviga?
ble rivers and waters of the State.
SBC. 2. That this gift and grant ls made upon
the express-condition that said grantees shall pay
to the State ot South Carolina the sum or one li
dollar per ton for every ton of phosphate rock or r
phosphatlc deposits dug, mined or removed rrom ?
thc said navigable rivers and waters of the state, t
And further, that said grantees shall pay Into the
treasury of the Slate the sum of live hundred dol?
lars as a license fee before commencing business
under sahl grant.
SEC. 3. Before commencing operations under
authority of this act, said grantees and their
associates shall tile, or cause to he filed in the
oillccof thc State auditor, a bond in thc penni I !
sum of tl rt y thousand dollars, conditioned that | o
said grantees and their associates shall make
true and faithful returns to said Slate auditor
annually, on or before the first day of October,
aud oftener ifrequirtd by the Slate auditor, of ttic
number of tons of phosphate ruck and phosphatlc
deposit dug, mined and removed by i hem rT
the beds of thc navigable streams and waters
or the State, and shall punctually pay to the State
treasurer semi-annually, on the first day or Octo?
ber, one dollar per ton Tor every ton of pitos
phate rock and phosphatlc deposit by them dug,
mined and removed lrom Hie beds of thu navi?
gable streams and waters iff thc State, during
thcM.\ mouths preceding, said bond to IM re- I 1
newed annually, and approved by tho attorney- p
general. Tue books of said grantees and their
associates shall bc open to the inspection or the
State auditor, or a^ent duly appointed by him tor
that purpose.
EXCLUSIVENESS
It was on motion of Corbin that the royalty
was made one dollar per ton, although nu at?
tempt was made to make it fifty cents. Had he
moved thal it be made fifty cents instead orono . t
dollar, lt is probable that the motion would have [
been adopted. When a motion was made to
amend his motion by inserting "firty cents In
Hen of one dollar," he gladly accepted the amend- '
ment, but it was too late. Cain sprang to his
reet and said: "The Stale cati get one dollar pel?
ton from this company; I believe that the State
should do as people arc advised to do. and gene?
rally act upon thc advice-get all yon can ?iud
hold fast to all you get." After this remark the
question was decided, and one dollar fixed as thc
royalty. The motion to strike out the word "ex?
clusive" met wita no opposition, yet it has been
the "bull's-eye" in this target of the State-one .
at which everybody nearly hos hurled a shat or |
some kind, lt is reported that the word is to bc
buried with alt the honors, aud that thc Commit- . a
the on Incorporations, which drew such poetic
and gorgeous per. plctu-es or its -causes and cr
fects," will bc appointed to compose an eulogy to
be read at th? grave.
ortiLiu rnosriiATE BILLS.
There are now pending in Hie Senate t wo bills I ^
relative t* phosphates-one "to Incorporate the ^
South Carolina Chcrhical and Mining Company,
and to license ami authorize and empower thc
same to dig and mino in certain navigable rivers
in this State under certain restriction.! and con
dillons;" Hie other "to regHlate the digging and
mining of phosphate deposits rrom thc navigable J'
streams aud waters or the State." Whether they "
will bc passed or not, cannot bc stated with any j"
certainty. It is thought by some that the cor- '
pora:o:s in these bills will not desire "lo dig, '
mine or remove" phosphates, knowing that to do ()
so they will have to pay a dollar a ton for Hie
privilege. If this be thc case, thc company whose ^
bill passed to-day will have thc "exclusive right" f(
as much as if the word "exclusive" had not been f|
stricken out.
ASSOCIATE JUSTICE. V
In tho House, to-day, Lawrence Cain introduc- ?
ed a joint resolution providing that thc two '
houses meet in joint assembly on Friday, Februa- 1
ry ll, at 1 o'clock P. M., for t hc purpose of elect- c
lug an associate justice of thc Supreme Bench for a
the term or six years, comiueuciug thc 30th day fl
of July ucxt. It was adopted and sent to thc c
Senate, in which body it was laid over under thc J
rules. 1 do not think there will be an election to l'
supply the full term. n
TOO MANY MUUDERS.
It will bc remembered that f ie c'Ler of thc con
stabulary force reported In his annual report the "
number or arrests that had been made by his v
force, of Walch number tlfry-fotir were Tor mur- a
der. Since thc report was made there has been sl
some inquiry which has lcd to the belier that P
there were arres's set down for more monters 11
than were committed. In connection, to-day in "
the House, Doyle introduced thc rollo wing con- v
current resolution, which was adopted and order- M
ed to be sent to the Senate:
Whereas, Thc Slate constable, in bis official rc- C
port, does not give (he names td persona murder- d
ed in the different counties of the Slate, during ?*
the past year, but the number only; ami a* lt h
desirable to have thc name ol each person, there- 11
Tore, be lt B
Resoleed Bv thc House or Representatives, the Vl
Senate concurring, That thc State constable be
required to report within ten days the name ?if J1
each person murdered, as represented in Ins oitl- w
elal report, and also the county in which such M
murder "-'as commuted.
Thc Senate concurred.
CA KO LINA MUTUAL ASSURANCE COMPANY.
I have already sent to THE NEWS thc petition of
this company ror an act or exemption rrom the sl
effects of an act to better protect holders or in- pi
surauce policies in tills State. It, with the joint
resolution oppended, which was Introduced in
thc House to-day, was rererrcd to the Committee R
on Ways and Means: }
Whereas, The Carolina Mutual Insurance Com- T'
pany, or Charleston, is au association tor mutual S
protection against loss hy lire, by obligations of '',
Hie respective members to each other, according ..
to their rate, ami has no stock capital whatso?
ever; it being, therefore, Impossible tor the said
company, without changing the spirit of their in- 1(,
stltution and becoming a stock concern, to make (.'
the deposit of bonds, required bv law, bc it, there- i.,
?ore, "
liesolce l by the Senate and House of Hepreson- a
tatives or the State or South Carolina, Thal thc y
Caroliua Mutti.tl Insurance Company, of Charles- p
tou, be, and is hereby, exempted from Hie provi- tl
tl
sion* and penall les of an act to better protect
miders of insurance policies In this State, passed
December, lsuo: Provided, That their premium
leposits do not, at any time, exceed Hie sum of
twenty thousand dollars.
TnE LECTURE ON RELIGION.
There were circulated about the capitol bulbi?
ng to-day, handbills announcing: "A lecture will
>e delivered at the African M. E. Church, In this
:iiy, to-night at half-past 7 o'clock, by lion. F. J.
doses, Jr."
About 12 o'clock DeLarge arose, and, holding
me of these bills in his hand, asked the Speaker
Moses) if a motion would be in order? Thc
Speaker replied in the afllrinative, whereupon
)eLarge said : "Mr. Speaker, I move that this
?ill bc made the special order for to morrow
light." This motion elicited laughter, but no se?
londs.
T< night Moses delivered his lecture on religion
o a crowded house. Ile spoke nu hour and forty
ninnies, and made a very interesting lecture,
.?ewing his subject, as he stated, from a wordly
tandpoint. He expatiated on thc bcncllts of vir
uc and morality, and especially did he detail the
lappy results of marriage. All who heard the
ecture agree In saying that it was able and ln
ercstiug. Thc Speaker is certainly competent to
uakc almost any subject Interesting, but there ls
oiucthing in thc thought that Moses should
:hoosc "Kellglon" for his subject and lecture
ipon ir, which is irresistibly funny to me and to
nany oilier persons. A vote of thanks was ten
lered thc speaker by the audience "for his able
lefence of religion."
ACTS AVTKOVED.
Tho following acts ami resolutions were return
d to-day to the Ceneral Assembly as signed and
ipprovcd by the Governor: Au act entitled an act
o amend the charter of the Georgetown Railroad
lompany, and thc several acts amendatory of thc
ame; au act entitled an act to incorporate thc
Vinnsboro' Uaptist Church, of Fairfield County;
in act entitled an act to incorporate thc Charles
on Loan Company; joint resolution to extend
he time in which claims of teachers for services
endered during the year commencing October
il, 1S87, shall be presented for payment; an act en
itled a i act to grant and give the consent of the
l?gislature of this State to thc conveyance to thc
TL i ted States of thc lot of land situate on Richard?
en and Laurels streets, in the City of Columbia,
icrelnafter described, for the purpose of a post
lillee and courthouse, or for other purposes, and
o cede to the United states jurisdiction therein;
,n act to authorize the Covcrnor to remove coun
y auditors, treasurers ami other ofllccrs by him
ippointed; an act to vest In Tony Stafford the
harter of a ferry from Dill's Wurr, on James Is
and, to thc City of Charleston; an net to incor?
porate thc Heston Fire Engine Company, of
?eorgetown, South Carolina; Joint resolution to
.uthorlze thc State Treasurer to issue a renewal
pf six percent. State stock to the executor of Hie
state of Maria Brisbane, or to his legal reprc
entatives; joint resolution signed on the i'd In?
fant, authorizing the treasurer to advance six
housaml dollars per month to tho superintendent
f thc Penitentiary of Sooth Carolina. L.
AN IMPORTANT CASE.
rlAim* f?r Rent* Accruing During
thc tV ur.
[FROM Ot'U OWN CORRESrON'mtNT.]
COLUMBIA, February 4.
Thc case of Benjamin A. Parker and Eliza
icth A., his wife, executrix of William Greer, vs.
'atrick J. Coogan, the arguments of which were
onciuded In thc Supreme Court yesterday, is
jost Important, and* affects many citizens of
Marleston, as parties Interested have claims of a
Imllar character, Involving thousands ot dollars
raiting thc deciaion of this case to determine
rhcther or uot they shall commence action.
ls appeals from thc briefs ot this case Hutton
he first of July, lS.it>, William Greer leased to
.ulrick J. Coogan, for seven years, at the rate
f twelve hundred and fifty dollars per annum,
pay able quarterly, thc premises known as thc
'rench Codec House, (now TUE NEWS OftlccJ on
>ast Bay street, Charleston. Coogan took pos
ession at thc time above named, continued in
possession until thc middle of February, 18G2,
rhen he was compelled to close up by the Mayor,
rho was acting under an order of thc Governor
'to close nil grogshops and prohibit thc sale of
ill Intoxicating drinks In thc vicinity of the Hues
if fortifications now being erected in and about
he City of Charleston during thc time that He?
roes are employed upou the same." From that
irae forward, by virtue of said orders and by the
asualt ics of war, Coogan, without his default
ud against his will, was deprived of the posses
Ion of said premises after August, 1S03, until
he close of the war in April, 1305. Thc prem?
ies were within range, and actually repeatedly
it and greatly Injured by thc bombardment of
marleston by the United States forces on Morris'
sland, and at the close of aciive military opera
ions, lu ISO's thc premises were so dilapidated as
j be uninhabitable. In June, 1803, Coogan pell
ioned Colonel Woodford, United States Military
loiuniandcr of thc Post of Charleston, who Hun
ad the custody and control of said premises, for
crmlssion to occupy them. Colonel Woodford
ranted thc petition upon thc condition that the
CtlUoncr would put the building lu thorough re
air, which he did, (expending about one thou
and dollars,) ami then occupied it until June,
?60, when, thc lease having expired, he surren?
ercd thc building totfreer.
In 1807, after thc death of Greer, Parker, who
ad married thc deceased's widow, sued Coogan
jr J0U56 07, being the rent, with interest thereon,
rom April 1st, 1862, to July 1st, 16G(J. The case
ras brought before Judge Carpenter, when Cov?
an offered to prove that on July i, isc2, he paid
312 50 in full, to April 1st, 1S02, for said premises
D William Crcer, deceased, and that on that oc?
asi?n said Greer and himself had a conversation
s to the rent of thc cottee house, and Greer In
jrnicd him that "while thc then stale of HiingB
outinin.a. he, Greer, could hardly expect him,
efendant, to pay rent." From that time forward
ll some lime in iscc, rent for said premixes was
ever demanded by Greer or nny other person.
The court refused to admit the evidence, and
istructed the jury: that If the defendant leased
JG premises in 1S50, as Indicated by the lease of
Millara Greer to him for seven years, and pursu
nt to the lease the defendant was put in posses
ion of thc premises, then he must bc held to thc
ay meut of all thc rent as stipulated, which
as not been paid, with Interest thereon from the
me lt became due. The Jury, of which fieorge W.
fiUlanu was foreman, found for Parker in the
Lim or $7207 92.
The case w;is represented before thc Supremo
ourt by D. T. Corbin and Henry Buist for the
efendant, and Duryea A Cohen for the plaintiff,
he counsel tor thc defendant rested their case
tautly upon the case of Bayly vs. Lawrence, l
ay., 409. In this case, the defendant had, prc
lous to thc Revolutionary war, rented a ship
aid it Port Royal, S. C., and during thc war
as .'.riven away by the British. The owner of
ie ? ard sued him Tor the rent for thc time he was
srosscssed. The csu rt held that he should bc
eld responsive ror thc rent oaly ror the time he
peacefully enjoyed" thc premises, and that there
muid be a deduction for thc time he was dis
jsscssed of them by the casualties of war. The
nins 1 for the plaintiffs quoted, In support of
icir position, a case reciting that, during thc
evolutionary war, a tenant was driven bj' thc
riush from a house he had rented iu Pcnnsyl
mia, and was dispossessed of the premises for
mic time; that, alter thc war, thc owner sued
im lor the rent, and the court decided that lie
as responsible for the rent for thc time he leased
ic premises, whether he was or was uot able to
ccupy them.
If this case bc decided against Coogan. it is pro
ibl ? that the owners of all Hie buildings lu
Marleston, whose tenants were driven out by the
oiubardmenf, will ai once commence suit against
if ir tenants': in rael, as before slated, may have
I ready placed their claims in tue hands ol law
crs. who await thc decision or the case now
ending before deciding what actiou to take in
te premises. ' L.
WASHINGTON.
THE IMPEACHMENT OF JUDGE
BUSTEE1).
RATIFICATION OF THE BURLINGAME TREATY.
FEMALE SUFFRAGE COMING.
THE ATTORNEY-GENERAL INTENDS TO
STICK.
Removal of Political Disabilities.
[SPECIAL TELEGRAM TO TI?E NEWS.]
WASHINGTON, February 4.
The Judiciary Committee of thc House deci?
ded finally to-day, after eighteen months' Inves?
tigation, that they would report against the im?
peachment of Busteed, thc United States District
Judge of Alabama.
Thc treaty made with thc Burlingame embassy
by thc President, and ratified by the Senate In
July, 186S, and which was also ratified by the Chi?
nese Government in October last, was laid to-day
before Secretary Fish, who will make an official
announcement of the exchange of ratification.
The Supreme Court will decide the '-Legal ten?
der" cases on Monday; but lt is hinted that the
constitutionality o? the act will not bc materially
involved.
Thc Senate committee to day discussed the
propriety or Inaugurating female suffrage In thc
District of Columbia.
Attorney General Hoar says that his rejection
by thc Senate as Supreme Judge will not compel
him to leave the Cabinet, as reported.
[SPECIAL TELEGRAM TO THE NEWS.]
WASHINGTON, February 4.
In a few days the general bill for the removal of
political disabilities wiil be called up for passage
in the Senate. Thc following ls. a corrected Hat
of thc South Carolina names as they now stand
In the bill: Cyrus D. Melton, Samuel W. Melton,
Tlumas J. Lamottc, Jesse E. Dent, Robert C.
Shiver, John Agucw, Columbia; W. E. Holcomb,
Pickens County; John G. Enloe, York; Robert
McKay. Greenville; William Shiver, Ringville;
Isaac G. MeKlssIek, Robert Macbeth, Onlonvllle;
John P. Mathews, Henry A. Smith, Wlnnsborn';
James Ilemphill, Chester; John Tourney, Charles?
ton; Charles II. Jan ney, Columbia; Claude C.
Turner, J. C. WInnsmltli, William Irwin, Spartan
burg; James A. Hatchford, Theodore Byers, York;
.I. E. Glenn, Newberry; Thomas T. Earle, Green?
ville.
{PROM THE ASSOCIATED PRESS.]
Amollir thc nominations to-day was Dr. Saml.
Gard, late or the Atlanta Era, Tor Governor or
Idaho: mocker Tor assessor ihlrd district or North
Carolina, and Cabin district Judge for Florida.
The revenue to-day was over one million.
Thc distilleries of Bingham A Barton, at Ilasel
ton, Indiana, have been seized, with their con?
tents, and a large quantity or whiskey removed
therefrom.
T. J. Durant ls again urged for thc supreme
bench.
CONOKESSINAL.
WASHINGTON, February 4
In thc Senate a lilli passed ordering the
Secretary or thc Treasury to withhold monies due
defaulting States.
A resolution passed calling on thc President for
Information regarding Georgia.
The franking privilege is being discussed.
Thc lieuse ls engaged on private bills.
The Committee on Appropriations heard Bout- j
well. Nothing transpired.
LATE?.-In the Senate thc resolutions of thc
meeting at the Cooper Institute, New York, were
presented, asking the recognition of Cuba.
Several bills affecting the District of Columbia
were reported.
The consideration of the franking privilege was
resumed, nnd Sherman moved an amendment
that the bill should not Interfere with thc free
circulation of papers within twenty miles of their
place of publication. No action was taken.
The consideration or thc census bill was resum?
ed, but without action thc Senate adjourned
to Monday.
in thc House the Committee on Military Affairs
were ordered to Inquire what members or Con?
gress had offered for sale appointments to the
military or na /al academies.
The following Important action, showing n soft?
ening with regard to test oaths, ls reported fully :
Mr. Biugh:< ni, from the Judiciary Committee,
reported a bill to relieve Francis C. Shobcr, repre?
sentative from thc Sixih Nurth Carolina District,
or the necessity or taking thc iron-clad oath, and
that he be admitted to his scat upon taking an
oath to support thc constitution, Ac. Paine
made thc polut ol order that this was not a pri
vate bill, but i: affcctcoJK organization of Hie
House. Thc Speaker overruled the point or order.
Paine appealed rrom the decision, wh; n, on mo?
tion of Mr. Cox, thc appeal wus laid on thc table.
Paine said the matter was now before thc Eicclion
Committee, and this purposed to relieve Mr.
Shobcr of his disabilities. Bingham said thc Ju?
diciary Committee had Investigated the matter
and were satisfied that Mr. Shobcr labored under
no disabilities imposed by thc Fourteenth amend?
ment to the constitution. He was a member or
thc North Carolina Legislature, and could not
therefore take thc oath, but lils course had al?
ways been that or a Blend to the Union. Dcwce.s
said that Shobcr was not subject to any disabili?
ties under the Fourteenth amendment. Thc
chair In answer to inquiries, stated that the pas?
sage ortho bill would uot prevent thc Election
Committee rrom further examination of Mr. Sho
ber's credentials, and reporting upon his right to
a seat. Arneb moved to lay it on the table;
the vote was ayes clghty-niue, nays seventy
eight.
The bill for thc relier of thc poor, authorizing
the Secretary of war to issue rations, was
passed. The House meets to-morrow for debate
only. _
EUROPE.
Victor Hugo on the Stage.
PAUIS, February 4.
Hugo's ''Lucretia Borgia" was heard by a dis?
orderly audience. Paul Decassaigne, thc author,
was hissed.
Thc Archbishop of Ljrang.
I'AKIS, February 4.
Dispatches from Rome state that the death of
the Archbishop of Lyons is momentarily appre?
hended.
Thc Pope and Infallibility.
The Pope announces that he will decline to par?
ticipate in the controversy respecting persona!
iufallibilty.
Thc Creicent ami thc Crass.
LONDON, February 4.
lt is reported that the Viceroy of Egypt and
thc King of Greece are In alliance.
Thc Hitch i? thc Wire?,
LONDON, February 4.
The recent delays in thc telegraph service is
attributable to thc change from private to public
control.
THE WEATHER.
WILMINGTON, February 4.
Rain was falling all day-weather cold and
very boisterous, lt is reported freezing at Wel?
don, one hundred aud slxty-rour miles north of
IMPEACHMENT OF TIIE GOVERNOR.
OF FLORIDA.
TALL?H.VSSEE, February 4.
In thc Legislature, to-day, the committee
appointed to investigate thc official acts and
charges against Governor Reed, rcporteu for Im?
peachment four to one. The minority report is
said to be weak. The evidence was read to thc
House in secret session this forenoon, and to open
session this P. M. The vote on impeachment will
be taken to-morrow, perhaps to-night.
THE ALABAMA LEGISLATURE.
MONTGOMERY, February 4.
The House to-day voted down thc bill for
the State to issue its bonds for three million dol?
lars in aid of thc Alabama and Chattanooga Rail?
road. A motion was made to reconsider to-mor?
row, and there is heavy lobbying to-night. The
bill passed the Senate some days ago and was
amended by the House, requiring, in addition to
mortgage, individual security that the road
should be completed lu a speckled time. Thc
Hons*-, yesterday, passed the bill extending the
time in which railroads can complete twenty
miles to get the State's endorsement of sixteen
thousand dollars per mile.
THE EAST.
Thc Suez Canal.
ALEXANDRIA, February 4.
Vessels drawingover seventeen and a half feel
of water cannot safely pass through thc canal.
CUBA.
Two Men Killed In Havana.
HAVANA, February 4.
Two men were killed here on Wednesday
night.
SPARKS FROM THE WIRES.
The Memphis fast freight lines arc again in
trouble. Thc rates now on cotton to New York
arc ninety cents; Philadelphia eighty, tl ve cents;
Boston one dollar.
Dispatches from Fortress Monroe report a heavy
northeast gale blowing all day.
Two negroes, named Jones and Carpenter,
were hung at Newcastle, yesterday, for rape.
IRISH NEWS IN BRIEF.
-The Mallow Farmers' Club have passed a
resolution hailing with satisfaction the return
of J. O'Donovan Rossa, Esq., as representative
for the shire of Tipperary, In the English Par?
liament.
-A Dublin paper publishes thc names of thc
four hundred and eleven honest electors who
voted at thc recent contest In Longford for
Martin and fatherland, and calls lt "Thc Roll
of Honor."
-A party of soldiers made a rabi lnto'Bally
landers recently, In search of Fenian nrms, and,
aller ransacking several suspected houses, de?
parted empty-handed.
-Efforts arc making- to raise money, by
voluntary subscriptions, to erect a new build?
ing upon the site of St. Joseph's Catholic Male
Blind Asylum, the present structure having
crumbled nearly to decay.
-At a meeting of thc Roman Cathol'c clergy
of thc Deanery of Tralee, Dean Mawe, of anti
Fenian celebrity, presiding, resolutions In
favor of fixity of tenure, valuation of rent,
and justice to laborers, were unanimously
adopted.
-Thc body of Mr. John Mooro, of Monasud,
situate near (Jorey, and a highly respectable
gentleman farmer, was found recently on thc
Dublin and Wexford Railway, near Gorey Sta
tlou, shockingly mangled, the train having
passed over him.
-One of the speakers of the meeting of the
Kauturk Laborers' Club, held on January 4-a
Mr. Johnson-asked what had become of all
thc petitions sent to the British House ot Com?
mons ? He was satisfied if all the petitions
sent by thc Irish people to St. Steven's were
collected they would paper tho whole world,
-Sergeant Brown, of the Sixty-filth Regi?
ment, while on his way from Cork to Ballin
collig, recently, was attacked by a party ol un
known men, who demanded of bim his sword,
one of them presenting a revolver at his head.
A short passage-at-arms took place, from which
Hie sergeant came out sound, and finally made
jiood his escape in flight.
-Tho Cork Herald reports that a letter just
received from Captain Mackey, the Imprisoned
Fenian, represents himself as fast recovering
his health, after a recent severe lit of illness.
He writes willi thc utmost cheerfulness, char?
acterized by a strong religious feeling. En
Uroly free from the illusion that the British
Government will grant any amnesty, he
"speaks confidently of thc enterprise of a
greater power to shorten the imprisonment ol
himself and his lellow prisoners."
-A poor woman, a convict, in Mountjoy, has
died of tv broken heart, according to thc coro?
ner's verdict. She had committed larceny, thc
penalty of which ls Imprisonment only. They
gave her death. Tim doctor, who proved hu?
mane this time, reported that she was tlying,
and would Infallibly die If her Imprisonment
were continued. Thc Irish Viceroy and Chief
Secretary were apprised of that. They re?
plied: they would not iuterferc; thc law should
take its course. So her imprisonment was
coutinued till lt killed her.
-General Slr De Lacy Evans, who died on
thc Mh ult., was one of the many brave
and skilful officers whom Ireland has given to
raise thc prestige of British arms abroad. His
military career was long and brilliant, com?
manding in India as early as 1807. He served
in the Peninsular war, In the American war of
1814, being present at thc capture of Washing?
ton, and returned lo Europe in time to take
part in thc battle of Waterloo, where two
horses were shot under him. In thc Carltst
war In Spain he had command of the British
Legion, and, on the outbreak of tao war in
Russia, his country again claimed his sword.
Ho was appointed to the command of tho
Second Division, and distinguished himself
as Irish officers generally contrive to do-at.
thc Alma and Inkerman, as well as in Un
minor encounters of thc campaign, until he
was invalided and sent home, when he receiv?
ed thc thanks of Parliament.
-A poor woman named Margaret Mccor?
mack, who resided In a small cottage on thc
roadside leading between Drnmconsco, County
Meath, and Kingscourt, In th? County Cavan,
was brutally murdered by sonic unknown per?
son a short time since. Thc body was discov?
ered in the house with the skull smashed In.
A wholesale af te nipt was made some three
months since to destroy this whole family by
entrapping them into the use of arsenic, which
was mixed up with a quantity of flour and
other materials, as if intended to make a cake,
and iu this mttuner was made up In a paree!,
and, as it were, accidentally dropped on thc
road, where it was known some of the family
would soon pass. Thc diabolical trap succeed?
ed. Thc flour was picked up, brought home,
and that very night converted into a cake, of
which thc whole family partook, and three of
them, brothers, afterward* died from the ef?
fects of poison tims insidiously administered.
SOUTH CAROLINA.
Thc New? tn thc State. \.^*
CANDID, VKBY !
The Columbia Guardian says: "In nomina?
ting Wright for the Supreme Bench, yesterday,
Daddy Cain took occasion to expatiate upon
lils learning, saying that he had received
high distinctions from thc institutions of learn?
ing which he had attended, having diplomas
from two first-class colleges, certifying his
great proficiency, Ac. Elliott frankly admit?
ted that his candidate, Whipper, made no such
pretensions; nor did he be'ievc they could be
Justly claimed for Wright, or any other black
man In this whole country. None ot them
not one-could show a diploma from a college
or university of a high order."
IN MEMORI?M.
Mrs. Sallie Hammond, widow of Colonel
LeBoy Hammond, both ol'them prominently
and honorably identified with tho history of
Edgefleld District from its earliest days, is dead
in her eighty-eighth year.
The Rev. R. H. Spann, of Edgefleld, died on
thc 24th ult.
NEGRO KILT,KI).
The Edgefleld authorities is Informed that
two negroes in the vicinity of Haltlwanger's
store, on thc uper side of thc district, got into
a fight on Friday, the 21st, and that one was
stabbed so severely that he died from uls
wounds on Sunday last.
A aoon WORD FOR A RADICAL.
Thc Edgefleld advertiser says: "Senator
Arnim, of Edgefleld, ls an undoubted Radical,
but, judging from his course lately in the Leg?
islature, one who seems trying "to be honest
and decent. We notice that he votes consist?
ently against all the various proposed meas?
ures, which, let them bc called by whatever
technical names they may, arc, in the end,
nothing but measures to steal money from thc
while people of South Carolina and increase
their burden of taxation. It is our opinion
that the carpet-bagger from Prussia is, ten
times over, a better man than the carpet-bag?
ger from New England or Ohio."
THE SUPREME TEREK.
Thc Edgefleld Advertiser says: "The Su?
preme Bench is now full. Moses, chief justice;
Willard and Wright, associate justices. Wil?
lard is a son-in-law of our Zephaniah Platt. It
ls said that Mosesand Willard have been cring?
ing with horror at the idea of a negro being
elected to sit beside them. Moses will proba?
bly get rid of the difficulty by being elected
senator. Willard, for the $1000, will, very
likely, grin and endure it. That Wright ls far
thc most honest and decent man of the three,
ls a fact beyond all doubt, question or discus?
sion."
SHREDS OF STATE NEWS.
Thc Columbia Guardian understands that
S. W. Melton, Esq., will be elected Judge of
the Fifth District, made vacant by the death
of Judge Boozer, and says it was probably in
reference to this expected result that the Dem?
ocratic members, with a few exceptions, cast
their votes for Wright.
Meuingetis has made its appearance in Lex?
ington.
The Chester Reporter will soon be on Its legs
again.
On Friday night last, whilst thc passenger
train on the Columbia and Augusta Railroad
was taking on water at the tank just on the
outskirts of tlie town ot' Graniteville, a negro
from Virginia on his way to the sugar fields of
Louisiana, aroused from' lils sleep, and in at?
tempting to pass troin one car to another fell
through Into the canal, and was drowned be?
fore assistance could reach him.
GEORGIA.
All About thc State.
OUTRAGE IN PIKE COUNTY.
Thc Grlflln Middle Georgian gives the follow?
ing particulars of a recent outrage by Federal
myrmidons in Pike County : Last Saturday N.
Sellers HUI, J. W. Scott, R. W. Jones and
Thomas Hardaway went to thc premises of
Thomas Moore, an orderly, worthy and law
abiding citizen of Pike County, and pretending
to act under orders, seized several stills that
were in Hie still-house ol' Mr. Moore. After
removing the stills they set Arc to the still
house and destroyed it. Thc fire was commu?
nicated io tho plantation fence of Mr. Moore,
and that of Mr. John A. Wilson, and before lt j
could bc stopped, consumed 150 or 175 panels
of fence for those parties. Before going to
Moore's, they went to the house ot one Joshua
Lassiter and seized stills. Mrs. Lossitcr was
In bed. sick. Lassiter was not at home.
These delectable chaps, Mrs. Lassiter says,
cursed her and, we are reliably Informed, said
they would burn Lassitor's still-house it she
was not sick. Saturday evening Moore sued
out a warrant against thc parties for arson,
and just before the train from Atlanta to Ma?
con passed this place, they were arrested by
sheriff Doyal. One ol the parties went to
Atlanta Sunday morning, and this Monday
morning sheriff Doyal was served with a copy
of an order from General Terry releasing these
house-burners, and forbidding that they should
be Interfered with In the discharge of their
"legitInmte duties." They left town Monday
morning and went up tho railroad by private
conveyance-we suppose on another house
and tence-burnlng expedition. We are In?
formed by some of Mr. Moore's neighbors,
whom we know to be reliable and truthful
men, that Mr. Moore has not distilled any
liquors since the summer of 18C8, when he was
regularly licensed as a distiller.
BULLOCK IN BAD ODOR-AN IMPORTANT MOVE
A special to the Augusta Chronicle, dated
Atlatila, Thursday, says: For some time past
the impression has prevailed hero among the
members ol'the anti-Bullock party, which has
been strengthened by information received
from Washington, that Bullock and Blodgett
have gotten themselves into very bad odor,
not only willi President Grant and General
Sherman, but also with some of the bitterest
Radical members of Congress, on account of
the usurpations of power which they have
committed, and the evidence of dishonesty
brought against them, and Mutt if the moderate
Republicans would fake the proper steps In
the matter, they could probably have a check
placed on further rascality.
When thu State treasurer, N. L. Angler,
went on to Washington some time since, lie ls
understood to have had interviews with Presi?
dent- Grant and the leading Radicals in Con?
gress In reference to affairs in Georgia. He
made a full statement of Bullock's rails upon
the State treasury, and also showed that him?
self, and the unprincipled men who are his as
sociales, have by their conduct disgusted the
leading Republicans in the State, and caused
serious divisions iu the party. From the re?
port of Mr. Angler, it is believed that Grant,
Sherman and others are disgusted with Bul?
lock, and have only .sustained him because
they feared to aid the Democracy by opposing
lils schemes.
In order to give the President and Congress
a still clearer view of the situation, and to con?
vince him that Bullock is destroying the Re?
publican party instead of heading it, a dele?
gation of leading members of the Republican
party lett herc to-night for Washington City.
The party consisted of J. II. Caldwell, a
member of the National Executive Committee I
of the Republican party, and a member of the I
Legislature from 'troup County: J. E Bryant, I
a Republican member of thc Legislature from <
Richmond County; H. V. M. Miller, one of thc <
senators elect, and many other Republicans. I
The party went via the Cieorgia Railroad and I
Augusta,"and expected to be joined at Madison
by the other senator, Joshua Hill, who will ac?
company it to Washington.
RAILROAD ACCIDENT.
Tlie Augusta Chronicle, of yesterday, says :
The night train on the Central Railroad did 1
not arrive yesterday until after 10 o'clock, sev- 1
eral hours behind its schedule time. The de- '
lay was caused by a serious accident, which
happen 3d to the train on Wednesday night.
Aller the train had left Millen on its return to 1
Augusta, and when about a mile and a half '
from the former place, a defective joint in the 1
track was encountered. The train was going
at Hs usual rate of speed, and thc eugine and '
tender passed over the place in safety, but
every car was thrown from the track. Strange
to say, none of the passengers or train hands
were at all injured.
On yesterday aRernoon the passenger train J
on the Georgia Railroad from Atlanta failed to
arrive at its regular lime, and did not reach
thc city until some time after dark. The de?
lay was caused by the breaking of thc axle of
the tender near thc fifteen mile post. No j
damage was done beyond this, and the acci- ;
dent was a very small adair.
BURKOS OF GEORGIA NEWS.
Co'.nmbus is waking u;>. A wooden sto: e- I
house was commeuccd on Friday last, and on 11
Saturday, thirty-six hours after the beginning,
It was completed, painted, rented, stocked,
and sales were being effected In it.
A Ure at West Point, Troup County, on Sun?
day morning, destroyed property valued at
$25,000. Supposed to be the work of an incen?
diary.
The post-office authorities in Washington de?
termined sene time since to transfer the mall
route between Washington, Philadelphia and
New York, and New Orleans and Mobile from
the old line used, and place it upon the Geor?
gia Railroad. The contract bas been made
and the mail is now carried over the new
route. A night mail la ?Iso now running over
the Georgia Railroad.
The Rome Courier says that place has 229
business houses of every description-among
them twenty lawyers, eleven doctors and nine
barrooms.
The Atlanta City Council has given ten acres
of-the Fair Grounds to Oglethorpe College.
The city is. to be canvassed to raise the sum
necessary to bring the college there.
Another cotton factory is In contemplation
at Columbus- so says the Sun.
Augusta has been enjoying delightful wea?
ther for thc past few days.
The Irish-American citizens of Augusta are
making preparations for celebrating St, Pat?
rick's day with unusual splendor.
The sllver-toncd tenor, the burly BriernoU,
and the charming cantatrice, Miss Mcculloch,
with a fine company of operatic singers, are
expected to perform for a few nights in Au?
gusta this month. Brignoli is wending his
way to New York from San Francisco, where
he has been engaged in thc pleasant and prof?
itable musico-nnuncial business of changing
his silver notes for golden dollars.
There now seems to be a prospect that the
(voric on the bridge across the Savannah
River-commenced by the Charlotte, Colum?
bia and Augusta Railroad-which has been
progressing slowly for some time past, will
now be actlvely.resuraed. A large quantity of
lumber has recently been brought to Wash?
ington street, and every preparation is- being
made to finish the structure as rapidly as may
be possible.
THE KV-KL VX-KLAN.
ENROLMENT OF A WHITE AND BLACK MILITIA
What the Farce Will Coat.
A correspondent of thc Yorkville Enquirer,
writing from King's Mountain township, In
York County, gives the following account of
the advent of the so-called Ku-Klux-Klan :
Our neighborhood was surprised a few days
ago by the sudden and unexpected appear?
ance In their midst of a party of State consta?
bles, who have made their headquarters at Mr.
Henry Hulleuder's, near the ola "Wear mus
terground."
It appears that a short time ago a party of
the so-called "Ku-Klux," from some quarter,
made their appearance at Hullendor's, and In?
quired for one Billy Wright, colored, who was
living with a white woman as his wife, ou Hul
lender's lands. Wright succeeded in escaping
from the "Ku-Klux," but they fired and burn?
ed down lils nousc, and made some demonstra?
tions about Hullendor's which excited his fears
to such a degree that a military guard has been
placed there.
They come, ostensibly, to preserve peace
and quietude, and to protect persons and prop-?
erty. We understand they have brought sev?
eral boxes of Winchester rifles, or other im?
proved style of arms, and are rapidly recruit?
ing. On Wednesday last, thc fourth day after
their arrival, they organized thirty-two strong
by electing John R. Paris, captain, and H. IC
Roberts, Esq., lieutenant. Several persons of
color have enlisted, some of whom bad made
contracts for tiic present year, thus embarrass?
ing, to some extent, their former employers.
With regard to thc number to be enlisted, or
the length of time they are to remain in our
midst, thu writer bas not been informed; but a
little calculation will show that they will cost
this county one thousand dollars or upward
per month, and it is to be hoped that every
good citizen will use his best efforts to render
lt unnecessary-if, indeed,, the necessity doee
exist-for them to remain.
It may be, however, that these demonstra?
tions are made chiefly for political purposes.
Our State elections will come off next falL and,
if something is not done to prevent it, the
upper counties, at least, will elect Democratic
members to the Legislature, and county offi?
cers generally. But, be this as it may, every
true patriot should stand firm at his post-rec?
ognizing the "powers that be," rendering obe?
dience to the existing laws of our country;
and, we trust, the day ls not far distant when
all such evils wiU be matters entirely of the
past.
To show what the temper ot the people of
York ls, we reprint an article -from the En?
quirer, whose moderate but firm utterances
always command attention:
On Saturday evening ol week before last,
the citizens of our town were surprised by the
arrival of a small detachment, (six in num?
ber,) of State Constable Hubbard's police force.
As there had been no news of any disturbance
in the county, conjecture ran wild as to the
object of this visit. Our correspondent ex?
plains thc mystery, and gives some account of
the doing of tho new preservers of the peace
of our county. Wc learn, In addition, that
thc company now numbers seventy men.
It ls a source of deep regret, if any of the
citizens of York, knowing how eagerly an ex?
cuse fur military interference is snatched at,
have given so plausible an occasion os the
burning of a house. There is some doubt
about their participation in the affair; for we
hear that H?llender, who made the complaint
to Governor Scott, told his Excellency that he
believed Hie party of so-called Ku-Klux came
from North Carolina. Be this as it may, we ,
know that thc public opinion of this county is
totally opposed to mob law in any shape, and we
hope it will make itself heard on this occasion.
The spirit of law and order is nowhere more,
prevalent than in York, and a comparison
may bc challenged with any part of this broad
land as to thc scarcity of crime and the safety
of person and property, both of which are
chiefly due to the general morality and good
sense of our people. House-burning is not
Justifiable in their eyes, and they always
have, and always will, by due course of law,
punish and suppress it.
We have, therefore, a word of censure for
thc Governor, who is responsible for inflicting
upon us the insult that the laws cannot be en?
forced, or property protected here, without
the aid of a military force. He has acted
without the authority of law in this case; for
the law allows him to use military force only
when he knows that the civil officers are unable
or unwilliug to afford protection to any citizen
asking it. Our sheriff and, as far as we can
learn, our magistrates were not called upon at
all, but left in ignorance of the fact that a
crime had been committed, until the arrival
of their unexpected allies in the work of pre1
serving the peace. Under these circumstances
thc Governor is bound, in honor, to explain to
our citizens why lie has interfered in the mat?
ter. In the absence of any reason for believ?
ing lhat life and property arc unsafe here, he
he is further bound to remove his State con?
stables and disband his volunteer force, who
ire merely living at the expense ot the county,
und in no sort of way "protectlug" anybody
ov anything. We call upon the Governor for his
evidence in the case, in order that our people
may know when to consider themselves, or
rather, when he considers them, in danger.
SUPREME COURT DECISIONS.
In the Supreme Court of thc United States,
on Monday last, thc case of Drenham vs. StUei,
urror to the Supreme Court of Missouri, was
decided.
In this case Drenham alleged that Stifcl, pre?
tending to act under military authority, had
seized during the war and appropriated to his
own use his (Denham's) property. Stifel an?
swered, and showed that he was colonel of the
Pilth Home Guard, and had acted under the
orders of his superior officer. The court held
that the provision of the new constitution pro?
tecting all officers making such seizures dur?
ing thc war in obedience to. competent mili?
tary authoritv, was a bar to the action, and the
Judgment wis for the d?tendant. The case
was brought here, thc plaintiff contending that
is this section of the new constitution operat?
ed to deprive him of his right of action before
.xistlng, it was unconstitutional. This court
now affirmed thc judgment below. Mr. Justice
Hwayno delivered the opinion, holding that a
??ite mav enact restrictive laws when not in
liibited by its established constitution and not
in violation of thu provisions of the Federal
Constitution iu relation to ex post /acto legis?
lation.