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irr^T TTUff IT_N?TMRER 1259. CHARLESTON, TUESDAY MORNING, JANUARY 4, 1870. SIX DOLLARS A YEAR. COLUMBIA./^^j TUE 211 LIT.I RT HALL TO LE MADE AX ARMORY. Kew Rail Projects-Charleston ?nd Co? lombia to have a more Divert Connec? tion-Tbe Circuit Judge Contest-Pro? bable Removal of J ucl gr Thomas, &c. [SPECIAL TELEGRAM TO TiiE HEWS.] COLUMRIA, February 10. In thc House, thc Judiciary Committee re? ported favorably on a bill to amend an act to incorporate tho Charleston Coard of Trade. It was read for the lirst time. A bill was introduced by Purvis to authorize and empower D. Jacobs to carry on the busi? ness of loan office in this State; by Wooley, to authorize the Governor to place lightning rods on the State capitol and Governor's residence; by Brodie, to au tho rizo the adjutant-general to appropriate the Military Hall, ol' Charleston, . as^i State armory. Only seventeen sections of the new Code re? mains to be read. Crews gave notice of tito following bills : To repeal thc charter of the Town of Laurens; to charier a railroad from Columbia to Charles? ton by thc shortest aad most practicable route. The bill to authorize the extension of the Charlotte, Columbia and Augusta Railroad to connect with the Greenville and Columbia Railroad, waa passed and ordered to be en? rolled. The Senate, in executive cession to-day, con? firmed T. K. Sasportus ?ts treasurer of Orange burg County, vice John ?. Mount, removed; David Sanders, as treasurer of Ocoaae County, vice S. J. Herndon, removed; Edward Living ton, as treasurer of Chester County, vice J. A. Graham, removed. A caucus will be held to-night in thc State Bouse to bear speeches from candidates for judge of the Fifth Circuit. Melton has the best chance. The following bills received their second reading: Bill (by Committee on Railroads) to provide a remedy against charges for trans? portation conveyance, or to an excess of lim? its prescribed by statutes, and to declare the proper construction thereof; joint resolution (by Committee on Finance) to authorizo the State Treasurer to reissue to Alexander Robertson, J. F. Bleaklock and E. li. Coach? man, or their assignees, agents or attorneys, a certain certificate ot stock; bill (House) to amend tho charter of the Granitcville Manufac? turing Company ;bill (House) to alter and amend an act entitled "An act to alter and amend thc charter of thc City of Greenville;" bill (House) to incorporate the Wide Awake Fire Engine Company, ol Sumter, S. C.; bill (House) to in? corporate the Grove Station Bridge Company; bill (by thc Cornmitt"C on Finance) to amend an act entitled "An act to fix thc salary and regulate tho pay of certain officers." The following wore adopted : Joint reso? lution (by Committee on Railroads) to au? thorize the Attorney-General to institute pro? ceedings against the South Carolina Railroad Companyfor violation of its charter; report of joint committee, appointed at thc regular ses? sion of the General Assembly by virtue of a concurrent resolution, agreed to March 12, 1869, and in accordance with section 5 ur an act entitled "An act to regulate the manner of keeping and disbursing funds by certain offi? cers." The Judiciary Committee have reported un? favorably upon a bill to exempt manufactures from taxation for five years. Wimbush Introduced a resolution instructing the Judiciary Committee to inquire whether the Judge of the SLxth Circuit (Thomas) lived in thc circuit. An attempt will bc made to remove him. Cain Introduced a bill to Incorporate the Ply? mouth Congregational Church, of Charlestor A VERY QUIET DAY. The Labor Rill-Ra il road Guarantees The South Carolina Railroad. [FBOM OUR OWN CORRESPONDENT] COLUMBIA, February 8. The special order for to-day, in thc House, was a bill (and a substitute) to amen-1 an act entitled "An act to provide for the appoint? ment of a land commissioner, and to define his powers and duties." Without much dis? cussion it was made the special order for n?xt Saturday. What will bethe late of thc bill cannot be stated with any degree of certainty. Leslie Ls very much interested in it, and yes? terday was circulating freely about the House -evidently lobbying a little. If the bill pass, and he faiL to get his friends on the advisory board, he will have to retire from the com? mission. There is a strong desire on the part of the members to remove tho erratic senator; and unless he exert himself, his commission and commissions will know him no more Amen. THE LABORERS. In the House, to-day, the resolving clause of the joint resolution authorizing the Governor "to appoint contract agents or supervisors for each county ot thu State, whose duty it shall be to furnish all persons wishing to contract with proper forms, showing clearly the obliga? tions of employer and employee," was stricken out-and thus thu resolution falls to the ground. STATE LIA BI LITT. In the House, to-day, Tomlinson introduced abill to authorize a certificate of thc discharge of the State from its liability, by reason of the guarantee of certain bonds, on the cancellation of the same. The preamble recites that as "the (j&te hath, vader several acts ot' thu General Assembly, authorized the guarantee of bonds of several railroad companies incorporated by the State, some of which bonds so guarauteed have fallen due, and it is important to said companies, as well as beneficial to the State, to facilitate the withdrawal of said bonds and tho release ol' the State from such guarantees, therefore, ne it enacted, that whenever any railroad company ot this Stale whose bonds have buen gnunu.tced by the State under auy act of the Legislature, shall present lo the Comptroller-General any of thu bonds which have been so guaranteed duly cancelled, he shall give such company a cer? tificate or acknowledgment on the part of the State as he may deem necessary and sufficient to show that such company has been discharg? ed Irotn the liability by reason of such guaran? tee, and that thu lien held by thu Stole ou the property of such company as a security against such guarantee hos been released and dis? charged to thu extent of thu bond or uouds which have bei n cancelled as aforesaid." TUE SOUTH CAROLINA RAILROAD. To-day the Committee on Railroads made the following report: The Commut?e on Railroads, to -whom was rc . ferred the letter or George Alden, merchant, of Camden, together with the accompanying docu? menta, beg leave to report that they have sub? mitted thu same ro the attorney-geueral for his opinion and advice. Thu committee herewith present the reply of the attorney-general, togeth? er with abill prepared by thu attorney-general, with a view to declare the law more unequivocal? ly, and to faciliuite the recovery ot uulawful charges collected by railroad companies. The committee also beg leave to report thc fol? lowing Joint r?solution, ar.d recommend its pas? sage: JO ST RESOLCTIOJI TO A'THOKIZETnK ATTuKNEY ?EXBRAL TO INSTITUTS PRoCEEDINUS AGAINST ^ THE SOm CAROLINA RAILROAD COMPANY FOR ??T10LATI<* OF ITS CHARTER. Ecsolve?, by the Senate aud House of Represen fatives of rho State or South Carolina, now met and sitting in General Assembly, and by the authority of tho same. Thar, th?- Atttorncy-General be, and he Is hereby required, with the least prac? ticable delay, to institute such proceedings In tho courts of this State, asm his judgment., may bo necessary to enforce the provisions of Section "o of "An act to incorporate the Cincinnati 'and Charleston Railroad Compauv," passed December 19, 1S35. COMMUNICATION FltOM Tilt: ATTOr.NSV-GnNEKAL. OFFICE OF THE A?TORNUY-C HNEKAL, COLUMBIA, s. c., February 4, ISTO. 7i) lien. c. J\ Leslie, chairman Senate Contrail tee vii Kai trolls: ^ Sin-I have been for several days in receipt or your official note referring tonie for my advice ?ndopiuiou certain pupers connected with chames made by George Alden, merchant of Callide.:, of unlawful and oppressive collections for freights by thc South Carolina Railroad Coir pany. 1 have now the honor, af tho earliest practica' ble moment, to reply to your note, and especially to your inquiry whether tho trouerai Assembly can properly take action, and ir so, v;hat action in rebel' ol' alleged pricviinee ? The ac: or 1S35. section -20. provides "That the said company shall nave mc exclusivo right of transportation; conveyance of persons, goods, merchandise and produce over thc said railroad and its branches, by them Constructed: Provi? ded, thc charge or transportation or conveyance shall not exceed thirty-live cuts per hundred pounds on heavy arricies, und icu couts per cubic root on articles or measurement ror every hun? dred miles, uud live cents a mue for every pas? senger." This proposition is in full force as Tar as relates to mc Camden branch, though Otherwise some? what changed. If tue facts set. forth lu Mr. Al* den's statement arc correct, the freight paid by him to thc South Carolina Railroad Company for transportation of goods from Ringville to cu?n den, a distance of about thirty-seven miles, arc greatly beyond the limits fixed by thc act: and i seems, from a careful examination of thc facts furnished, that these charges, lu violation or the above restraining proviso, arc nor accidental or occasional, but are measurably nniform and form part ol'a system. Tims, the rate paid by Mr. Al? den, per hundred pounds, per hundred miles, seems to 'nave varied rrut? about sixty-eight cents to two dollars, (instead or thirty-live cents.] yet thc most general rate will be found; upon rc VlSing the calculations, to be about nlnciy-Gve In lieu or thirty-live cents, the maximum prescribed by charter. Indee', the charges showu by this statement arc Invariably greatly iu excess or the legal limit when thc weight ls given, and when it is not, by comparisou with the charges from Bal? timore to Ringville, the gros3 disproportion to the relative distances indicate a still overcharge. Thus, to take a few or thc last items ot the state? ment tor illustration: November '.23-20 kits oMlsh rrom Baltimore to Ringville cost $4 05, while thc same articles from Ringville to Camden cost $4 November 25-3 barrels sundries D om Baltimore to Ringville cost $9 12, while the same articles from Ringville to Camden cost ss 25. November 29-2 barrels sundries l'rom Baltimore to Ringville cost $6 O?, while the same articles from Ringville to Camden co-t $5 50. December IS-S barrels sundries rrom Baltimore to Ringville cost S-t a3, while tuc same from Ringville to Camden cost $22. December 30-1 box merchandise rrom Balti? more to Ringville cost 33 cents, while thc same rrom Ringville to Camden cost 50 cents. January S, ISTu.-1 piece and bar casting rrom Baltimore to Ringville cost 30 cents, while thc same rrom Riugvuie to Camden cost 50 cents. In these cases, where the disproportion is great? est, in general no weights are furnished, but the conclusion that the Inuits arc greatly exceeded may bc very safely drawn from such Lier. Thc statement is, however, but ex parte, show? ing, and while it exhibits prima fae'e a state or things calling for investigation, cannot properly Tomi the basis of any d?duite action by Hie Coi? eral Assembly. Indeed, thc question as to ll consequence* of such violations, as well as that as to their actual existence, belongs to thc ju dicial department of the government: and ?nos*, that can lie done by Hie General Assembly. in accordance with precedent, is by thc adoption ufa resolution, orin some other mode, lo Indicate to the Attorney General their will that proceed? ings be instituted in the courts ou behalf of thc State. As a measure Intended to prevent the recur? rence ot such violations Imponed by the General Assembly in thc matter or 1 reign ts and tolls, and similar charges, I have prepared a bill, which 1 take the liberty herewith co transmit to you for such usc xs you muy determine to be proper. I am, sir, your obedient servant, D. II. CUAMUEKLAIN, Attorney-General A BIZX TO PROVIDE A REMEDY AGAINST CHARGES Vak TRANSPORTATION, CONVEYANCE OK TOLL IN EXCESS OF LIMITS PRESCRIBED nY STATUTE. AND TO DECLARE TUE PROPER CONSTRUCTION TH Kl I KO I Whereas, lt ls proper,; to protect the public ngainst the cupidity of persons, natural or artifl cud. to whom the General As-embly have given exclusive rights and monopolies, and for such purpose of public protection have prescribed by act of Assembly limits to the charges to bc made and received by such persons; and whereas, lt may be pretended that doubis exist touching the construction of such acts In certain particulars; therefore, SECTION 1. Be it enacted by thc Senate and House of Representatives or the State of South Carolina now met and sitting In General Assem bli, and by the authority of thc same, That where I irfie rate of transportation, or conveyance or toll, Kls prescribed in act or Assembly by a designation or specification of a certain weight, size uud dis tance, or either of them, the said act shall be deemed and construed in all cases to apply thc proportion thus indicated to all less weights, sizes and distances, and to all parts and trac? tions of these so named in said acts of Assembly respectively. SEC. 2. That from and after thc passage of this act, tiny sum of money paid in excess of a rule or maximum rate prescribed or limited by un act of Assembly of the srdd State, lor the transpon at lon, conveyance, or toll or any goods or produce, or any persons, passengers, or animals, shall be held to have been extorted, and may be recovered back by thc person paving the same, together with in terest thereon, at lhe rate ol live per centum per month, in au actl n for money had and received aud that itt said action no dctcnee ol, or in the na tnrcor voluntary payment, shall avail: Provided, That nothing hen iug contained shall tic deemed or constituted to supcrcQ e or dispense with any remedy now existing, by civil, criminal, or quasi criminal proceeding. Th:1 liill and joint resolution were ordered to be printed and presented (br consideration to morrow. DERELICT ESTATES. The bili introduced in tho Senate to-day by Hoyt ''to vest in the cierks ol'the court alf tlie rights, powers and duties conferred upon the late commissioners in equity, by tho act of December 21st. 1S70. entitled an actio provide for tho administration of derelict estates," provides t it-it the clerks of courts be vested with tho rights and powers ot'the late com? missioner, and that the lust provision of thc first section ot said act, to wit: That Hie whole value ut'said estate shall not exceed the value of five thousand dollars, be repealed, provided that nothing in this act shall be con? strued as eonllicting with an act entitled "An act to designate the officers by whom sales or? dered by the Courts ol' Common Pleas and judges thereof, and the Courts ot' Probate be be made," ratified thu 21st day ol' January, 1S70. STI'AT ITEMS. Officer S. J. Coates, of Charleston, arrived this morning, and recognized G. W.Martin, (whowas arrested here for committing bur? glaries in the Columbia Hotel.) as a regular hotel thief. To-day Marlin acknowledged that he committed the burglaries. Thc reception at Dr. A. G. Mackey's last night was, it is said, the best of this season eclipsing those given by the Governor, Judge Willard,"and others. No colored persons pres? ent excepting bullers. &c. L. AFFAIRS Ut ANDERSON. Court-Salcs-ZJny-Planting and Ferti? lizers. [IT.OM OIT. OWN CORRESPONDENT.] PBXOLETOX, S. C., February S. I paid a short visit to Anderson, our thriv? ing county seat, yesterday, Saturday. His Honor Judge Orr is still holding court, run? ning iuto his third week. All the dockets are pretty well cleared, thc equity docket only re? maining. In spite of a damp, cold dav. which wound up in quite a snow storm, we liad a fair turnout ol'the citizens ol' tho county. Seve? ral tracts ol' land were sold at private and sherill's sale, bringing moderately good prices. The farmers are generally braking prepara? tion lor planting for a large colton crop, and one could hear the words Dixon, Peeler, Boyd, L'thvan, Wando, Bough, Peruvian, ic., from Dearly every squad of men he passed. The citizens of this section owe a large debt of | gratitude to Mr. B. F. Cray ton, chairman of thc executive committee ot oar County Agri? cultural Society, for the zeal and energy hu has displayed in introducing and experiment? ing with improved implemeiits of industry and the different artificial manures. P. EL E. S. BUSINESS ENVELOPES.-TUE NEWS Job Office is now prepared to furnish goo^l envelopes, with business cards printed thereon, at $4 per thous- j and. Scad your orders. Every merchant ami busines? maa suo'.dd have his card printed cn his WASHINGTON. THE DISABILITIES BILL. Thc Stsprcmco Court-Thc Sew South? ern Line of Transatlantic Steamers <fce.. &c. [Fi'.OM Ti.'B ASSOCIATED PRESS.] WASHINGTON, February 10. The general bill for thc removal ol' political disabilities reported by Butler from the Recon? struction Committee, provides that all per? sons affected by the Fourteenth amendment, except officers who have been in the army and navy, and those who I lava served in the Senate or House of Representatives, are re? lieved from their disabilities on taking an oath of future loyalty, and making application to the United States District Court. This ap? plication is to remain on nie for thirty days, and then, if no valid objection be made, the judge is to issue au order relieving said appli? cant, byTirrueof t he act of Congress, of all the pains arni penalties of disfranchisement. Thc objection must show cause, supported by evidence, why the disabilities of the party ap? plying should not bc removed, and the judge is authorised to exorcise his discretion In the matter. The bill besides provides that the re? moval of disabilities shall not affect property lost, captured or destroyed by Hie army of the United States. Terry and Sheridan are both at the White House. In the Supreme Court, the point was argued to-day whether the government was responsi? ble for thc value ol' property when seized, or only for til? amount realized and in Hie trca cury. In the Senate, to-day, thc Appropriation bill to supply deficiencies In the Navy Bureau was amended to read three millions, was passed, and goes to the House for concurrence. A bill was Introduced withholding grants from agricultural colleges which make dis? tinctions on account of color. Thc case of Mississippi was then considered, the debate being mainly devoted lo personali? ties. The question before the Senate is on admission, pure and simple. Adjourned with? out action. Wilson, or Massachusetts, and several other New England senators, and three Southern senators, will vote for Bradley. Ills confirma? tion is becoming more probable. There is no present doubt of Strong's confirmation. In the House, Mr. Roots, of Arkansas, intro? duced a bill to encourage thc establishment of a linc of steamers to European porta, aud to thc ports of India, China and Japan, and to promote emigration to the Southern States. It was referred to the special committee on thc cause of the decline of American com? merce and shipbuilding. Thu Secretary of Slate was interrogated why thc Spanish Covornrnent paid certain claims in legal tenders instead of gold as stipulated by the treaty or 18W. Thc consideration of the Appropriation bill was resumed, aflur which thc House ad? journed. EUROPE. Thc Agitation in Paris-The Govern? ment Triumphant. PARIS, February 10. Thc bullion in thc Bank ol France has de? creased one million francs during thc week. The city is quiet. Flourens li reported to have fled to Belgium. The ball in the Tuileries last night was postponed on account of the disorders. The vigilnace of thc government ls unabated. Thc English Tobacco Duties. LOXDOX, February 10. The English Government declines to promise a reduction of the tobacco duties. THE TROUBLES IX PARIS. Further Details of tho Arrest of Heche fort--The Leader of tho Insurgents Thc Riots Discussed in thc Corps L?gis? latif. From the full cable dispatches published by thc Northern papers In regard to the Paris riots, we glean the following interesting de? tails: Rocliefort was arrested as he was on the point of entering a political meeting in Ruc de Flandre, running from Belleville lo La Vidette. Although there was a great crowd of people present, and mainly oi ids own partisans, he made no resistance and no appeals lo tile crowd. As soon as his arrest was made known lo thu crowd, thu wildest scunu occur? red. Gustave Flourens, who presided, rose excitedly, drew his sword, lired his revolver, and declared insurrection had begun. Thu meeting broke up in disorder, and lin; crowd, under the leadership ul Flourens, proceeded to barricade the streets. This was accomplish? ed without loss of time hythe appropriation of omnibuses and other vehicles from stables in the neighborhood. The Commissary of Police, who, accompanied by a guard, was charged with the duty of urreslf?ig Rochefart, was forced ulong with the crowd and badiy mal? treated. The district lying between Ruc Faubourg du Temple and lim fortifications at La Vidette, u distance of about two miles, was in possession of the rioters. At ll o'clock a body of police charged the barricade in Rue de Faubourg du Temple and attempted lo carry it, but wits re? pulsed. One of tile commissaries was danger? ously wounded and one policeman killed. In other places barircadus hud also been erected, but they were not defended. The military are now out in force, but thus fur have made no use of their firearms, although Lite insurgents have. The latter had pillaged armories and lo that way obtained their weapons. Several policemen were wounded with these in skirmishes early in the morning. A great number ol' arrests luau been made. At ? o'clock this morning, over three hundred persons had been taken i into custody and imprisoned in the barracks. j Many ol' them were mere boys, all armed, and most of I hem under thu influence ol' liquor, lt , is reported that Gustave Flourens. who islook I eil upon as a leader of tito rioters, bus buen arrested, bul thu report is not confirmed. He is said to have announced to his mother, be? fore going from home to the meeting, that if Rocliefort were arrested shu probably would never see him again. In thu Corps Legisla!if, Keratry, one of the Liberal deputies, demanded to know why Rochelort was not arrested before bu started fur thu political meeting, where live thousand persons were assembled. It was not neces? sary that this meeting should bc thus dis? turbed, and thc people who were participat? ing in it aroused to violence. Thu act of thu government was thc provocation to the dis? turbances which took place. A member of the ministry explained that thu authorities had rul'tainud from arresting Rocliefort at Ihe Chambers to avoid the scan? dal to which his arrest would have given rise. He asserted t hat the friends of Rocliefort were prepared to make the demonstration which they lind made, and upon this rael Ihe ministry would rest Hie responsibility of what had taken place, and the country would judge between the ministry aud the "rioters. He said there need bu no uneasiness for thc people. The government was animated bv the best .'senti? ments towards them. Tlie Minister of thu Interior followed with the assertion that the friends of Rochefort had determined on a demonstration had Kochefoit been arrested at the Chambers. Olliviur praised thu conduct of the police in dealing willi the disorder?. Ile said they hud acted with prudence and humanity. THE LEGAL-TENDER QUE STU Important Decision by the Ui States Supreme Coart-Contracts I before the Legal-Tender Lax? Pity in Gold-Opinion of thc Court gpntiitg Views, &<.. As has already been briefly stated i telegraphic advices, thc case ot LTcpbun Griswold, brought from thc Court of Ap of Kentucky, involving the legal-tender was decided in the United States Sup Court at Washington on Monday. Chief tice Chase delivered thc opinion of tho c sustaining the decision of the court below, holding that a contract made before the 1 tender law could not bc discharged in Ul States notes. The opinion is very long, discusses at great length the powers ol' gress. It holds that Congress had no rig make government notes a legal-tender for existing private debts. Tt docs not toucl question o? contracts made since elie law passed. This opinion was concurred ii Justice Nelson, Justice Clifford and Ju Field. Mr. Justice Miller delivered thc nority opinion, concurred in by Justice Sw; and Justice Davis, holding the law to bi tircly constitutional, treating it principan an incident to thc war power. Tile iollov is a full abstract of TUE oriNios. Thc question presented is whether or nol payee or assignee of a note made before 25th of February, 1S32, is obliged by law t< cept lu payment United States notes ofa ni nal amount to the sum due according t terms, when tendered by the maker or o party bouud to pay it. Chief Justice Chasi delivering the opinion, said that the ques required in the first place a constructs that clause of the first section ot the ai Congress, passed on i hat day, which deel the United States notes, thc issue of which authorized by the statute, to be a legal ter in payment of debts. The entire disuse i these words: "And such notes herein ant ?zed shall be receivable in payment of all 1 es, internal duties, excise debts and demand every kind due to the United States, exi dulles on imports, and demands against United States of every kind whatsoever, cept for interest upon bonds and notes, wi shall bc paid in coin, and shall also be Ia-, money and a legal tender in payment of debts, public and private, within tho Uni States, except duties on imports and inte as aforesaid." 12 U. S. Statutes, 315. This clauso has aireudy received much c sideratlon here, and this court has held 1 upon a sound construction neither the ta Imposed by Sfate legislation nor demands u contracta which stipulate in terms for the i ment or delivery of coin or bullion arc eluded by legislative intention under the scription "of "debts, public and private." 1 court now had to determine whether this scriplion embraces debts contracted bet?rt weil as after the date of the act. After referring to thc established rule in c Staling legislative enactments, the cliiei I tice continued: There appears to be a str! reason for construing the word "debts" as h lng reference only to debts contracted sut quent to Ute enactment ol' Hie law, for no < will question that the United States no! which the act makes a legal tender in p ment, are essentially unlike in nature, a being Irredeemable In coin, arc necessarily like in value to Hie lawful money intended the parries to the contracts for thc payment money made before its passage. Thc law money then In use and made a legal tendei payment consisted of gold and silver cs Tho currency In use under the act. and i dared by its'terms to be lawful, money, an legal tender, consists of notes or promises pay impressed upon paper prepared in ci veulent form for circulation, and protect against counterfeiting by suitable devices u penalties. Contracts for the payment of money ma before the act ol' ISO- had reference to coin money, and could not be discharged, unless consent, otherwise than by the tender of t sum due. In coln. Snell contract thereto was, In legal Import, a contract for thc pt ment of coin. After giving illustrations involving tho flt tuations In value of paper currency, and t consequent hardship ot' arbitrary and comp sory enactments as applied to prior contrac thc opinion demonstrates that an act cora pi ling acceptance or satisfaction of any otb thau stipulated payment alters arbitrarily t terms of thc contract and Impairs its obllp tion, and that the practical operation of su an act is contrary to justice and equity, follows that ao construction which attribut such practical operation to an act of Congre Is to bc favored, or indeed to be admitted, any other can be reconciled with the manlfe intent of thc Legislature. Tlie court considers at length the probnb meaning ol the term " debts," as intended 1 Congress, and concludes that lt is not at ll city to say that Congress did not intend make the notes authorized by it a legul-tendi in payment ot debts contracted before tl pussage of the act. This suggests the qucstic whether Congress has the power to make noti issued under Its authority a legal-tender i ? payment of debts which, when contracte! ?vere payable by law In gold und silver coiu. In ascertaining the respective rights of pa lies, continues the court, Itlrequently becomt necessary to consult the constitution, for thor can be no law Inconsistent with the lund: mental law. No enactment not in pnrsnanc of the authority conferred by it, can create ot ligations or confer rights, for such is the 03 press declaration of tho constitution itself. Not every act ol' Congress, t hen, is to be rt garded as the supreme law of the land, nor i it by every act ol' Congress that Hie judges ar bound-this character and this force belong to such acts as are "made in pursuance of iii constitution." The plaintiff in the court beiov sought to recover of tho defendants a certaii sum expressed on the face of a promissor; note. Tlie defendants Insisted on the rigli under the act ol' February 25, 1862, to acqid themselves of their obligations, by tendering In payment a sum nominally equal in Unitet States notes, but the note had been ex?cut?e before the passage of the act, and the plaintif insisted on lils right, under the constitution, U be paid the amount due in gold and silver and it ha? not been and cannot be denied that the plaintiff was entitled to judgmenl according to Iiis claim, unless bound bj a constitutional act to accept the note. as coin. As two questions were directly presented: Were thc defendants relieved by the act from the obligations assumed in the contract ? Could the plaintiff, by a judgment of the court, receive in payment a currency ol different natures and value from that which was in tiie contemplation of Hie parties when Hie contract was made 1 the Court of Appeals decided both questions in the negative, and thc defendant seeks tte reversal ol' that Judg? ment by writ of error, lt becomes oitrdul v, therefore, to determine whether the act. of February 25, 1852, so far as it makes United Slates notes a legal lender in payments ol' debts contracted prier tu Its passaic, is cou stiitttional and valid or otherwise. The powers ol'Congress, though extensive, are limited by thu constitution which grants them. The extension of tliem by implicat ion is delicate, and may bi dangerous. AU pow? ers implied, btit not expressly granted by that insl ruinent, are inchided in the clause which confers "power to make all laws necessary and proper for carrying into execution the powers expressly granted to Congress or vested by thc constitution in the government, or in auv of its departments or oflcers." And these are limited by the reservat on to the States or to Hie peopfa ol'all powers not conferred on Con gross nur prohibited to Hie States. There is no express grant of power to make paper a legal-lender. Can it be done under an implied power? Tie rule laid down by Chief Justice Marshall (-1 Wheaton, 421.) i's unquestioned. " 'Let the end be legitimate, let lt be within thc scope ot the constitution, and all means which arc appropriate, which aro plainly adapted to that end, which are not prohibited, but consistent willi the letter and spirit ol' thu consiitutiun, are constitutional.' And again, in the same opinion: 1 Should Congress, in thc execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for tlie accomplishment of objects not intrusted to thc government, it wuuld be the painful duty of thia tribunal, should a case requiring such a decision come before it, to say that such an act w.is uot thc law of thc land; but where thc law is not hi?lted, and is really calculated to effect any the objects Intrusted to the government, undertake herc to inquire into thc degree its necessity would be to pass the line w circumscribes the judicial department ? tread on legislative ground.' " (Ibid, 423.) Thc power to establish a standard ot money, as of weights and measures, is unquestionably ucidental to government; but the power change the legal tender is elenrly not the same as tho power to coin money. ' Nor is it the same as the power to issue bill3 of credit which Congress bas been held by this court possess. They are issued on the credit of the United States, and may bc issued effectually without making them a legal tender. The dif? ference in power is Bhown by the met th even thc States may authorize banks of Issue but cannot make their note3 a legal tender. It is urged that the Legal-Tender act ls au thorized, as Incidental to the war power, by thc constitution, when lt grants all powers ne Cessary and proper to carry its general powers into execution. But how is the right to make a new legal-tender necessary and proper tc that, o? carrying on war? Such an argument, proves loo much; for every other power Congress Involves the use of money, and th Eowor to issue legal-tenders might as reasons ly be derived from that of opening post roads or building postoffices, as from the war power Nor can It be said that this ls a question solely for Congress, and not for the courts, without saying that Congress has exclusive jurisdiction to doline its own powers. Thc court then reviewed the history of the paper currency; and said "no one questions the general constitutionality, and not very many, perhaps, Ute general expediency, of th legislation by which a note currency has been authorized in recent years. The doubt is as to tho power to declare a particular class of these notes to be a legal-tender in payment of pre existing debts. The only ground upon which this power is asserted is not that the Issue of notes was an appropriate and plainly adapted moans for carrying on the war, for that is ad milted; but that the making of thom a legal tender to the exlent mentioned was such means. Now, we have seen that of all the uotes issued,liiose not declared a legal tender at all constituted a very large proportion, and that they circulated freely and without dis count. It may be'said that their equality In circulation and credit was due to the provis lon made by law for thc redemption or this paper lu legal-tender notes, but this provision ir at all useful in this respect, was of trlfiing Importance compared with that which made them receivable for government dues." The court cannot, therefore, believe that the le? gal-tender claim Is just Hied by the power to de clare and maintain war, as ah appropriate and plainly adapted means or enforcing this power Besides, the constitution ls ordained to es? tablish Justice. The famous ordinance for the government of the Northwest Territory has this passage: "And in tho Just preservation of rights and property lt is understood and declared that no law ought ever to bc made, or lo have force in thc said territory, that shall In any manner whatever interfere with or affect private con tracts or engagements, bona fide, and without fraud, previously formed." The same princi? ple found more condensed expression in that most valuable provision of the Constitution of thc United States, ever recognized as an effi? cient safeguard against Intrigue, that no State shall pass any kuv impairing the obligation of contracts, lt is true that this prohibition Is not applied In terms to tho government of thc United States. But the prohibition, In its spirit, was clearly designed lo cover thc whole body of l?gisla? tion in thc nation. An act made In violation oflt, without any express grant or power, can? not bc maintained. .again, the Filth amendment advises that private property cannot be taken for public usc without compensation; and that no person shall be deprived of Hie, liberty or property withoul process of law. This applies lo the general government, and ls clearly inconsis? tent with molting a new legal-tender for ex? isting debts. The Injury done to the holders of such contracts ls direct and inevitable. "No one probably could be found to con? tend that an act enforcing thc acceptance of fifty or seventy-five acres of land in satisfac? tion or contract to convey a hundred, would not come within the prohibition against arbi? trary privation or property. We confess our? selves unable to perceive any solid distinction between such an act and an act compelling all citizens to accept in satisfaction of all con? tracts for money half or three-quarters of any other proportion less than the whole of the value actually due according to their terms. It is difficult to conceive what act would lake private properly without process of law, If such act would not." Judgment was, therefore, given, affirming the decision of the Kentucky Court of Ap Eeals: "That thc defendant In error was not ound to receive from the plaintiffs the cur? rency tendered to bim tn payment ef their note made before the passage or the act of February 25,18S2." TUE DRIFT OF POLITICS. Thc extravagance of (he Administra? tion-Effect of the Dawes Do . lop mcnts-Butler as a Claim Agent-An Enormous Dcniund Defeated-Thc Seat of Judge Wayac on the Supreme Bench. The watchful Washington correspondent or the Baltimore Gazette writes : Those who underrate the importance of the movement of Mr. Dawes must he oblivious of the fact that the cohesive power or public plun? der ls the only ligament that now binds thc Radical party together. Ben Butler came to the relief of the administration. It is known thal he never acts without an object. Ile has had several jobs with gigantic prospective fees. Mr, Dawes lias had his eye upon him. It is a great point gained to have a watch dog, at the proper point, competent to smell mit and ready to expose wholesale depredations upon the treasury. The administration is utterly powerless except through thc corrupt Influ? ence which the public money can purchase. Butler's defence of Grant and Boutwell was known to be referable to tho claims bc has been prosecuting before the treasury. Mr. Dawes has effectually frightened the officials, and they dare not succumb to the enormous demands of their champion. A pet "claim" or his has just been rejected by the treasury In obedience to an opinion or Attorney-General Hoar. Butler modestly requested the Secre? tary or the Treasury to have turned over to bini, as chairman ol'a bogus concern called "The Uoard of Directors ot thc National Asy? lum for Disabled Soldiers and Sailors," the bounty forfeited by deserters during the war, amounting to the enormous sum of four mil? lions of dollars ! Of course this money was due to no one. What Mr. Butler's share in this nefarious transaction would have been, had lie succeeded, no man can tell. It Is enough that the bold stund assumed by the present "Chancellor ol' the Exchequer," nipped the thing iu trio bud, and has lost the government another ol Its most talented advocates. For no one familiar with the proclivities of the doughty Massachusetts general would for a moment suppose that he will ever again be found (letentting an administration that refuses to "shell out" for whatever cause. It has shown the white feather upon an all-important financial measure, of tho most vital conse? quence to their herd, and he may. therefore, hereafter be classed with Boutwoil's most hit? ler opponents. No wonder Hoar was rejected. The carpet-baggers at the South have gene? rally agreed to recommend Drake for the seat on thc supreme bench, made vacant by the death of Judge Wayne. He will not be ap? pointed. This I get from a direct and trust? worthy source. "The recommendation of no senator who voted against Hoar's confirmation will be so much as considered. The Attorney General himself will designate the new judge. So infamous have been the decisions in what aro called "contested election cases" in the House, that many members have been shamed into au attempt to correct the evil. The Com? mittee on Elections, on Friday, adopted a res solution to present ajilll, prepared by General Paine, their chairman, to the House, providing for a new mode of conducting contested elec? tion cases in the committee. The bill, which will be offered on Monday, contains substan? tially the poiuts as govern contested election cases adopted by the Legislature or Pennsyl? vania, and assigns each individual contested case to a special committee to be chosen by lot. Thc Sunday Herald or this city appeared this morning tinder new auspices. It ls much Improved, and promises to be guided by con? servative principles. Its contents to-day are, politically, as unexceptionable as could be ex? pected from its editors, who have hitherto been classed as "Republicans." This is but another sign of thc fumbling to pieces of the Radical organization. THE QUEEN'S SPEECH. [I IT majesty's Address on the Reassem? bling of Parliament-Tac Finances Tbc Irish Question, &C. Tlie cable brings us the following extended .eport of thc Queen's speech, as delivered by :ommission on the 8th instant. Lords and Gentlemen-We have lt in com? mand from her Majesty again to invite you to resume your arduous duties, and to express mc regret of her Majesty that lier recent indis? position has prevented her from meeting you in person, as it had been her intention to do? lf ou reassemble ata period of remarkable pub? ic interest. Friendly sentiments are entertain? ed in all quarters towards this country, and iheso feelings her Majesty cordially rccipro :ates. There is a growing disposion among aations to resort to the good offices of their lilies in cases of international difference. Thc :onciliatory spirit in which several such cases lave recently been treated and determined mcourage her Majesty's confidence in the maintenance of general tranquillity. Papers trill be laid before yon with reference to the recent occurrences in New Zealand. Gentle? men of tlie House of Commons, estimates for ?he approaching financial year are In a for? ward state of preparation; they are framed with a view, in Hie first place, to the effective maintenance of rue public establishments, and (Viii impose a diminished charge upon her Ma lesty's subjects. The condition of the revenue lias answered the expectations, formed in the past session. Her Majesty trusts you will be disposed to carry into completion the inquiry rou last year instituted into thc mode of con? ducting Parliamentary and municipal elections, ?nd thus prepare materials useful for early legislation. Lords and gentlemen, it will be proposed to amend the laws respecting the oc? cupation and acquisition of land In Ireland, <u i manner adapted to the peculiar circumstan? ces of that country, and calculated, as her. "tfnjcsty believes, to bring about improved relations between the several classes con? cerned in Irish agriculture, who collectively constitute tho great bulk of the people. These provisions, matured by your impartiality and wisdom, as her Majesty trusts, will tend to Inspire among persons with whom such senti? ments may Still be wanting that steady con Qndence in the law, and desire to render as? sistance in its effective administration, which mark her Majesty's subjects in general. This will aid In consolidating the fabric of the em? pire. We are further directed' by her Majesty to state that many other subjects of public im? portance appear to demand your care, and among them especially to intorm you a bill has been prepared for tlie enlargement, on a com? prehensive scale, of the means of national edu? cation. In fulfilment of an engagement to the Government of the United States, a bill will be proposed to you for the purpose of defining the status of subjects who are citizens of foreign countries, and who may desire natural? ization, and of aiding them in the attainment ofthat object. You will be invited to consider bills pro? posed In compliance with the report of thc Commission on Courts of Judicature, for the Improvement of the constitution and proce? dure of the superior tribunal of the original ap? pellate jurisdiction. The question of religious tests in thc universities and colleges of oxford and Cambridge bas been under discussion for manj years, and her Majesty recommends mich legislative settlement of thc questions as may contribute to extend the usefulness ol these great institutions, and heighten the re? spect with which they ure justly regarded. Bills have been prepared for extending the Incidence of rating, and Tor placing the collec? tion ot large sums, locally raised lor various purposes, on a simple and uniform rating. Her Majcstydikewiso recommends you to under? take an amendment to the laws which regu? late and grant licenses for the sale of fermented and spirituous liquors. * Measures will be brought under your consid? eration facilitating thc transfer of land In cases In tcstary, amending the laws as to disabilities of members of trade combinations, and for consolidating and Improving the body of the statute which relates lo merchant shipping. While commending to you these weighty mat? ters for legislation, her Majesty commands us to add that the recent extension of agrarian crime in several parts of Ireland, with its train of accompanying evils, las filled her Majesty with painful concern. Thc executive has em? ployed freely the means at her command for thc prevention of outrage, and partial im? provement may be observed. Although the number of offences within this class of crime has been by no means so great as at for? mer periods, the indisposition to give evidence in aid of the administration of justice has been alike remarkable and injurious. For the re? moval ol such evils, her Majesty places main reliance on thc permanent operation of a wise and necessary change in the laws. She will not hesitate to recommend the adoption of special provisions, should such a policy appear during the session, to be required by the para? mount interest of pcaco and order. Upon these and all other subjects, her Majesty prays that your labors maybe constantly attended by Hie blessing of God. BLOODY OlXII A GK IN H AV Alf A. What Bine Neckties Cost Four Ameri? cans-Prompt Action of thc Authori? ties. A Cuban telegram published in the Northern papers says : Sunday morning, about oleven o'clock, four Americans, Isaac Greenwall, Henry K. Foster, Hugh Johuson and Gardner Wells, all of New York, were on their way to visit a photograph gallery in Havana. They intended to have their pictures taken, and all wore blue neck? ties, and when near the Tacon theatre they were stopped by a man who pointed to their neckties and addressed the men in an excited manner in Spanish. None of the party under? standing the language, no answer was returned. The unknown man then took out his revolver and fired upon them. Greenwall was killed and Foster and Johnson were severely wound? ed and arc In a precarious condition. Wells, who was unhurt, ran for his life. A number of people followed and raised a cry of "stop him.1' but he escaped. The wounded men were badly treated by thc crowd which gath? ered around them. The man who fired the shots disappeared Immediately after, and it is not known whether he was a volunteer or not. The declarations of parlies and witnesses to thu affair arc now being taken by the legal authorities in the presence of the United States consul. The indignation of the Captain-Gene? ral at the outrage is very great. He dhlled on the chief justice and other leading officers of the law tb use every moans to discover the perpetrators and abettors. The people and all parties denounce thc act, and tho officers and volunteers are unitingaud hunting for thc assassin and lils accomplices, and the Governor has placed the entire police force In motion. DeRodas has offered a reward of ?1000 for the arrest of Iho culpable parties, who, if found, will be tried by a druin-head court-martial and executed within two hours alter sentence is passed. ALL ABOUT THE STATE. Sales-day In Newberry. The Newberry Herald says of sales-day: "About the most disagreeable day experienced lately was Monday, cold, gloomy and rainy, and yet the crowd iu town was immense, not? withstanding all Hie weather difficulties. There were several sales of land, and the most of it brought very high prices, a very evident indi? cation of a prosperous condition of affairs in our district. One tract of 400 acres with a mid brought over $10,000." Distressing Accident. The Sumter News says: "An accident occur? red on one of our streets on Monday inst, resulting in severe bodily injuries to Miss Kate Jones and Mr. H. C. Moses. The parties named were enjoying a pleasure ride, when, in an un? guarded moment, the horse ran and dashed the buggy against a tree, throwing Mr. Moses out, the buggy passing over lils body and bruis? ing him severely in several places. The ani? mal continuing to mu, Miss Jones was soon thrown ont, suffering the fracture of a leg and some painful bruises upon other parts of her person. Thc buggy was much broken, and the escape even illus seems almost miracu? lous." The Greenville and Columbia Railroad. The Newberry Herald says: "A year or two ago it was said that the Greenville and Colum? bia kailroad Company was in a hopeless condl iion. Bat arter a time the patient was pro? nounced convalescent, and then strong and vigorous. But all of a sudden we bear that the estate of said company ls being partitioned la i most summary way, and turned over to a set ot strange capitalists, whose agents are among us, purchasing up the stock before the share? holders are aware of what is going on. It is a remarkable fact that this is all being done, as lt is said, without the knowledge of the presi? dent and directors, who have been constituted trustees for the stockholders, generally. And Set no public notice has In any way, that we ave heard, been given of this very singular proceeding. Whose duty was it to call a meet? ing of thc stockholders, and pnt them in pos? session of all that was about'to be attempted against their interests ? Gan it be possible that the officers of the company or any ol' them have acted a treacherous part in this matter ? They will afford the stockholder some satis? faction if they will let them know what the scheme is, and what part they have acted ia the programme ?" Srjippiitg. rpo SAIL SATURDAY, 12TH "Df?T?NT. FOR NEW YORK-MERCHANTS' LINE. Thc regular Packet Schooner LILLY, Hughes. Master, wants SO to 75 bales to ntl up and leave as above. feblQ 2_WILLIAM ROACH A CO. JgOSTON AND CHARLESTON LINE. FOB B 08 TO N. The Schooner ANNIE E. GLOVER, having a large portion or her cargo engaged, will load with dispatch. For Freight, apply to HOSES GOLDSMITH?c SOS, febO_ ! Agents. F OE LIVERPOOL, The une British Ship '.GORILLA," Wm. Sar, Master, wants soo bales Cotton to; complete cargo for the above port. For Freight engagements, apply to ROBERT MURE k CO., febl Boyce's Wharf. F OR LIVERPOOL. The fine American Ship MISSOURI, L.T. Blackburn, Master, having a large portion I_ of her cargo aboard. For further Freight engage? ments, apply to W. B. SMITH k CO.. ? Jann mwf_Napier's Range. "y ESS-ELS WANTED, To freight corn from North Carolina; ca? pacity from 2000 to 5000 bushels; araft of2_ water not over 7.S' feet. . High rates and dispatch guaranteed. Apply to , SHACKELFORD k KELLY, ru Jan28 fmw Boyce's VY?arf. F OR NEW YORK. The First Class Side-wheel, steamship MANHATTAN, M. S. Woodhull, Com-^ mander, of the New York and Charleston Steam ship Company's Line, will leave Adger's South Wharf on SATURDAY, the 12th instant, at 2:30 P. M. J99- Marine Insurance half per cent by this Line. 43- Through Bills of Lading given on Cotton to Liverpool jes- Superior Accomodattons for Passengers. JAMBS ADGER & CO., Agents. ' The JAMES ADC ICR follows on TUESDAY, 14th Instant, at 4 o'clock P. M. febio 3 rjp RAVELLERS PASSING THROUGH CHARLESTON EN ROUTE TO FLORIDA AND AIKEN, And other places, should lay In their supplies of Clarets, Champagnes, Cor-jSSnattfc dials, Brandies, Whiskies Wines, Canned soups and Meats, American and English Biscuits, De? villed Ham, Tongue, Lobster, Durham Smoking Tobacco and Imported Segars. WM. S. CORWIN k CO., No. 275 King street, opposite Hasel, Charleston.S. CL'--. Branch of No. ooo Broadway, corner 20th street. New York. septss ?mos JP ? R LIV ERPOOL. CHARLESTON AND LIVERPOOL STEAMSHIP LINE. The Flue Iron Screw Steamshipuf?SG*^ "LUMSDEN," J. Rutter, Commander SMtwK ls now ready to receive Freight for the above port, and has a portion of her cargc engaged and* going on board. > For Freight engagements apply to fCbS_ROBERT M?RB k CO. T7ESSELS SUPPLIED WITH CABIN AND V MESS STORES ON SHORT NOTICE. . Captains and Stewards are respect-??B???? folly Invited to call and examine thejj^yfflg quality and prices of our GOODS. Full weight guaranteed. Delivered free of expense. WM. S. CORWIN k CO., No. 275 King street, opposite Hasel, Charleston, S. 0. ?3- Branch or No. ooo Broadway, New York. Jan24 .___ F OR SALE The Commodious Stern-wheel Steamer GENERAL HOWARD, Formerly plying between Wilming? ton and River Side (Cape Fear River) j as passenger and freight boat. Length over all.iso feet. Breadth of beam...29% feet. Depth of hold. 5 feet. Draft. 3#feet. Tonnage.144 63-100 Two Engines In good order. Cylinder 16 inches diameter; 6 foot stroke. Upper deck saloon and, passenger accommodations are spacious and com? fortable. Lower deck and hold for freight. If' not previously disposed of at private sale, will be sold at public auction, on WEDNESDAY, March 2, 1870. , B. S. GUION, General Superintendent, Wilmington, Charlotte and Rutherford R R. febs 12'"_Wilmington, K. c. JNLAND ROUTE-FOR SAVANNAH VIA BEAUFORT AND SEABROOK'S LANDING, HILTON HEAD, TWICE A WEEK. The steamer PILOT BOT, Captain C. Carroll White, will sall for Savan? nah via Beaufort every SUNDAY au<i THURSDAY MORNING, at 8 o'clock. On the Sunday's trip she will touch at GUaolm's and Turner's Landings, (toing aud returning, and will touch at Biuffton, go(n? and returning, every alternate Thursday. Re tu ru lng will leave Savan? nah every MONDAY and FRIDAY A PT fia? OOHS, at 2 o'clock. For Freight or Passage, apply to J. D. ALK KN * CO., Agenta, JanM_South Atlantic Waarf. ? ?pOR PAL ATE A, FLORIDA, VIA SAVANNAH, FERNANDINA JACKSON? VILLE AND LANDINGS ON ST. JOHN'S RIVER. SEMI-WEEKLY LINE. Steamer "DICTATOR," Captain - George E. McMillan, sails every ?3 TUESDAY EVEXISO at 8 o'clock. Steamer "CITY POINT," Captain Fenn Peck, sails everv FRIDAY EVENING at 8 o'clock. Con? necting with Steamer STARLIGHT for Enterprise. Through Tickets and through BIRs of Lading for Freight given. J. D. AIKEN k CO., Agents, janis South Atlantic Wharf. C. KAUFMAN, BROKER, No. 25 BROAD STREET, CHARLESTON, S. C. SOUTHERN SECURITIES of every description, viz: Uncurrent Bank Notes, State, City and Rail? road Stocks, Bonds and Coupons, bought and seid on commission. ALSO. GOLD AND SILVER COIN. Orders solicited and promptly executed. Prices Current issued weekly and forwarded, gratuitously to any point on application as snow Attention given to the purchase and sA'eor Real Estate. d wis mwf Smoscdto