The Charleston daily news. (Charleston, S.C.) 1865-1873, June 06, 1870, Image 1

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VOLUME IX.-NUMBER 1360. CHARLESTON, MONDAY MORNING, MAY 2, 1870. SIX DOLLARS A YEAR. ? \J?J ir JUJU ?.?a.?-^, w -- WASHINGTON. A New Legislature for Georgia. [FROM THE ASSOCIATED PRESS.] WASHINGTON, June 4. The House Reconstruction Committee, by 6 to 7, have agreed to so amend the Georgia bill as to require the election of a new State Le? gislature the coming fall. Jonah D. Hoober, a local politician of some note, and wbo was United States marshal here during the Pierce administration, is dead. SENATE. In the Senate the joint resolution to increase the compensation of assistant marshals of the census was considered, without action. .The Indian Appropriation bili was consid? ered, debate being mainly upon the merits of | the Quaker system of Indian treatment. The Senate confirmed Wayne McVeagh as Minister to Turkey, and spent two hours dis? cussing the nomination of Benjamin F. Potts to be Governor of Montana, vice J. M. Ashley. No action. Robertson reported to the Senate to-day a disability bili covering some seven thousand citizens of eighteen States and. the District of | Columbia. HOUSE. The Senate bili, authorizing a drawbridge over the Alabama river near Selma, and above Montgomery, was taken up from the Speak? er's table and passed. It goes to the Presi? dent. ? EUROPE. Threatening; Rumor* in Paris. The statement is made to-day that Mr. Ben J dittl, the envoy extraordinary and minister plenipotentiary to Prcssla, who recently had | leave of absence granted him to visit Paris, liad received an order to return to his post at Ber? lin forthwith. The Bourse to-day opened excited in view of | the reported alliance between Russia and Egypt. Many common muskets and other war material have recently been ordered from Brussels and New York ou the Viceroy's ac- J count A large increase In the armament at the disposal of Egypt ls suddenly apparent It j is now almost certain that the Viceroy is pre? paring for a struggle against the Sublime Porte, and that Russia will lend him her pow erfulasslstance. The Spanish Throne. PARIS, June 4. Proceedings in the Spanish Cortes yester? day were highly important. Almost the entire < session was devoted to the consideration of | the question of the future ruler of the country. At length a proposition was made by one of the members that no candidate for king should be considered fairly elected unless he received a majority equal to one-half of the full number of deputies*In the Cortes. Amid the most en? thusiastic applause it was resolved to take this proposition into consideration by a vote ot 106 to 98, and the Cortes then adjourned. This vote is very significant lt is regarded as equivalent to the defeat of the Duke de Mont? pellier, who has only 89 votes in the Cortes, and who, If this amendment is adopted, will requlre>*72 in order to be elected. Riot in Spain. MADRID, June 3. A riot broke out in Yalladolld .yesterday, in consequence of a notification given the city government of the collection of certain unpop? ular taxes. The troops were called out and the disturbance quickly suppressed, but not without some fighting. Two citizens were killed and eight wounded. Many arrests have been made. A majority of the Cortes Committee on the Abolition of Slavery are in favor of postponing the period of complete emancipation sixty years. The Englishmen who were captured by Spanish brigands near Gibraltar some time ago, have been tracked by an emissary of the government The prisoners were In good health and were well treated. Their final re- j lease was only a matter of money. Thc Pasaage of the Land Bill. DUBLIN, June 31 Tb&flnal passage of the Land bill ls regard? ed favorably by the Irish press generally. Some ol the newspapers are jubilant over the success of the measure. Practical Value of Vaccination. LONDON, June 3. The physicians of Paris report that the prac? tical value of vaccination, as a preventive ot smallpox, has been professionally demonstra? ted by actual observation In that city during tho past month. Fears About the Fenian?. LONDON, June 3. There is still some apprehension in regard to the movements of Fenians in England. The government has received private Inlocmaxion concerning their plan of operations. As a consequence, orders bave been issued from the Admiralty Office to double the guards at all the dock yards and naval stations in Great Britain, to keep the fires banked on all steam? ers, and other precautions calculad to facili? tate the suppression of any revolt. Emigration to the United States. LIVERPOOL, June 3. The tide ot emigration to America is increas" lng. No less than 21,000 emigrants, mainly Irish, left this city for various American ports during the month of May. Nine-tenths of | them went to New York. A GRAVE CHARGE. RICHMOND, June 4. rte grand jury to-Jay In lie ted George Cba boon, ?-Mayor, for forgery, and Johnson H. Sands and Richard S. Sanxay, two ex-Confed? erate officers, for conspiracy to defraud the State out of S700D, the amount due the State 'from the estate of Jacob Hornstein, who died intestate. It is charged that all these parties, alter the war, appropriated the estate to their own uses. Mr. Cbahoon wa3 arrested this af? ternoon and balled in $10,000. The other par? ties are not in custody; ofllcers have been sent for them._ A NICE SQUABBLE. MONTGOMERY, June 4. Judge Busteed, of the Unite;! States District Court, committed Reynolds, the auditor of the State, to jail for five days, for contempt of court. In refusing to obey an injunction re , straining him from collecting two per cent, tax on the gross receipts of the Southern Ex \ press Company, which was authorized by the State revenue law, but enjoined by order of ^the District Court. Auditor Reynolds was also fined $1000, and required to refund ths amount collected from the Express company. Reynolds ls a leading Republican and an aspi? rant for Governor, and his friends have called an indignation meeting, which it ls supposed ?he'rp on his chances. Thre2 hundred school teachers left ?an ?cisco Saturday on an excursion !o New COLUMBIA. Memorial Day at Columbia-The Lund Ring and the Latest Developments The State Militia. [FROM C-fit OWN CORRESPONDENT*.] COLUMBIA, Saturday, June i. We have been told a good deal about the proceedings on Decoration Day, in Columbia; no explanation has thus far appeared of the absence of the garrison. Soldiers went, and, possibly, an officer or two; but they went as individuals. There was, in the procession, no place lor them as soldiers. This was a mis? take. The band of the garrison was present by special arrangement. The officers were dither invited lo take part, or they were not. Either way is remarkable. A gentleman con? nected with the garrison, informs me that they were not invited. Why not ? Was it not appropriate to ask the soldiers to Join in a memorial tribute to their own brothers, when, under the direction of the grand marshal of the day, officers and mem? bers of the Union League, and church associa? tions, and teachers, and colored children, and fire companies, and Sabbath schools, took con? spicuous part ? But, let us deny the fact that the military officers of the post were not invit? ed. What then ? Ii they icere invited, they did not attend In a military capacity. Why not ? Let the Grand Army of the Republic answer. Meanwhile, our people are at liberty to come to a conclusion something like this: Thc sacred and beautiful duty of decorating the dead sol? diers' graves fhas become a political thing, and real soldiers are either not wanted or do not wish to take part. The duty ls in a high de? gree sacred; aud in the same degree is a pros? titution of it for political purposes infamous. The removal ol the telegraph office from its old stand on Taylor street to a central position on Main street,'is an event of increased public convenience worthy of mention. The office ls now in the bank building on Main, between Washington and Plain streets, opposite the banking-house of Scott, Williams ? Co. The Land Commission matter is exciting a great deal ol' Interest in Lhj?.commnnity. The card of Commissioner DeLarge in this morn? ing's Guardian sets that officer rectus in curia. and acquits him of complicity in the alleged $90,000 swindle. The parties tims far men? tioned as immediately connected with the commission work are Messrs. Scott, Neagle, Parker, DeLarge, Leslie, Chamberlain and Cardozo. The newspaper discussions of this Schley affair appear to acquit Messrs. Scott, DeLarge anti Cardozo; and this narrows the matter down to Messrs. Parker, Nearie, Cham? berlain and Leslie. The last named is said to bq absent from the State at this time. Messrs. Parker, Chamberlain and Xeagle have not yet appeared with cards; btu now that Commission? er DeLarjre has felt called upon to deny his hav? ing anything to do with this matter, there seems io be no other course left to the others but to come forward with their statements. The public ls anxious to hear all about it. Township meetings were held in the several townships of this couniy to-day. News of re? sults has not reched us except as to Columbia township. Here a meeting was held in the courthouse, at which lhere was a good deal of temperate discussion, participated In by both races. Thc result is the selection of Messrs. E. M. Selbeis, white, Cosar Gurley, colored. R. D. Senn, white, and John T. Sloan, Jr., white. These are to represent the township iu the county meeting on Monday. The organization of the tnilitia is proirres Ing in this county in a very friendly spirit/Two companies of colored volunteers have already been mustered in and equipped, and move? ments are on foot to organize similar compa? nies of whites. When the organizations are completed they will offer their services to Governor Scott" and tims fall into line as part of the State military. This, method sterns to be agreeable to both races and to all parties. CORSAIR. TUE LAND BING. A CARD FROM COMMISSIONER DELARGE. Another Big Swindle. We transfer to our columns the following card published in the Columbia Guardian of Saturday : OFFICE OF THE LAND COMMISSION, \ COLUMBIA. June 3,1870. j To the Editor of the Southern Guardian : In your issue of June 2. appears a communi? cation signed "The Public," commenting upon an article published in your former issue signed "Republican/' Therein the following sentence occurs: "But he ('Republican') rep presents that Mr. Leslie made such rep? resentations- to Mr. Parker. Treasurer. Attorney-General Chamberlain and Comp? troller-General Neagle, and, we suppose, of course, also to the present Land Com? missioner, DeLarge, lias Induced them to approve of the purchase." In reply to the aoove, I desire to inform "The Public'' that I never approved of or consented to the pur? chase alluded to by your correspondent; nor was I ever consulted in relation thereto either by my predecessor in office or any member of the Advisory Board; nor had I any knowledge of the transaction until a few days before it appeared it! public print, when I suggested to. certain members of the board, that an Investigation should be made, which they directed nt first meeting there? after ; nor was it necessary lor those who are responsible for the purchase to have obtained my approval or consent, if their premises are correct-for they claim that the purch&se~was approved and made iu February last, during the term of office of my predeces? sor, (my appointment dates March 2, 1K70.) and the drafts drawn for the purchase monev by tlie treasurer upon the financial agent of the State during said mouth of February. Respectfully, ROBERT C. DELARGE, Land Commissioner S. S. C. Another Chapter of Swindling. The Columbia Guardian, inprinting the fore? going, says : We are glad to know this, for DeLarge has Impressed the people of the State very favora? bly by his Intelligence, his becoming deport? ment, and his temperate political sentiments. We hope and believe he will continue to keep his skirts clear of such unprincipled, such in? famous, such thievish conduct as character?7.es the action ol' the prime movers in this distrust? ing affair. Leslie, it is said, at the same time that h . ?rave his siirnuture in blank ap? proving of the purchase In Charleston Counlv of the Schley lands, signed also other applica? tions-one of which has been filled out to the amount ol $143,000, and another for 57S.OO0. The State has probably, in these three little in? stances, been suludled out ol' about $250,000; and how much farther tho thing may have gone, we must leave the taxpayers of the State to surmise. The Land Commission, which was ostensibly inslituied to benefit the poor man, and to provide a home for the needy, bas hitherto been but the most fruitful source of fraud and public plunder. Though hundreds ol thousands of dollars have been sunk, we venture to say that there are not filly poor men in the State who have re? ceived any land and been placed In a position to earn a livelihood. We hold that the Land Commission, however conducted, is a gross im? position upon the taxpayers of (lie State; but if we must have one. in lloil's name let us have an honest administr?t iou of the business con? nected willi it. Trial Justice Riley, ol Orangebunr, on Wed? nesday, committed Samuel Jamison to jail on the charge of the homicide ot" Iiis wile. It ap? pears that Jamison's wife died on Sunday last: that she had been sick for some time, but thal the circumstances of her death excited snspi don: that Mr. Riley summoned a Jury ol In? quest on Montlny. and that on the verdict ol that ury Jamison was arrested and committed to jail. "On Thursday, ?Vm. lt. Treadwell, Esq., coroner ol the county, summoned a jury ol'in? quest at the place, arid had Hie body disinter? red. After examination ol' th'! body ami hear? ing the testimony of several witnesses, the ver? dict was rendered: "That Hie deal li ol'tin woman was hastened by the Ul-treatment of Samuel Jam son, her husband." The unfortu? nate affair occurred on the plantation ?il Or. Craves, who with Dr. Clockler was present ut the inquest aud post-mortem <;x?im?uat?on. WHITTEMORE'S RE-EZECTIOX. What the Radical Papers of the North Have to Say About Him. ADDITIONAL RETURNS. . "We have received, since our last issue, the following additional returns of the election in the First Congressional District, on the 31st ultimo, all confirming the re-election of B. F. Whittemore by a very large majority. Williamsburg. Our kind correspondent at Kingstree sends us the following report of the vote in Williams? burg : TOTAL VOTE. For Whittemore.sis For Dunn.257 Total......1070 Majority for Whittemore 60C. Lancaster. [FROM OCR OWN CORRESPONDENT.] LANCASTER, S. C., June 3. There was but very little interest taken in the election last Tuesday. The Radical vote fell off several hundred. Wliittemore'tffriends did their best. Punishment was threatened members of the League who refused to turn out-in some instances heavy fines have been imposed upon tho more ignorant. There is one significant fact connected with this elec? tion, which is, the evidently waning influence of certain bart and corrupt., men, who have heretofore exerted a great influence over the negro population. They are sensible ol the rebuke and manifest no little uneasiness. Be? low is th?* poll: , Whittemore. Dunn. Lancaster C. H.200 47 easton's.41 oo Waxhaws.loo 2 Montgomery's. 8 16 Dry Creek.130 00 Taxahaw.12 33 Belair. 04 2 Total.C75 100 The Ledger says: "At some of tile polls not a white man voted, and the figures show a fall? ing off of the Radical vote of several hundred. This is significant, when we consider the fact that the Leagues used every means in their power to .force the colored men to turn out in behalf of Whittemore. The Radical vote at the Lancaster precinct alone fell short 03 votes. " Darlington. In this county the vote is as follows : Whittemore. Dunn. Dar'ington.670 82 Florence.440 47 Leavensworth.472 32 James Crossroads. 24 3 Lvdla.200 o Eraugham. 29 12 Timmonsvllle.353 145 Total.2240 321 Majority for Whittemore 192S. The Southeriier says : M This election was a very quiet one; the colored men voted and left for their homes. We saw no signs of ardent spirits being used during the day. Hart thc full vote been given, Mr. Whittemore'8 majori? ty would have exceeded his former one; as it was, he 'acked only 70 votes of reaching it Clarendon. The Press says that all the boxes in Claren? don have been heard from but one. The vole stands as follows : Whittemore.811 Dunn.43 Scattering. 4 Wuittemorv's majority SCI. Ilorry. * The News gives the lollong return: Wnlttemore. Dunn. Conwayboro'. 77 122 Little River. 00 102 Dog Bluff. 00 40 Sterltts Swamp.oo 20 Socastee. 30 39 Hickory'i ree. 5 13 Dogwood Neck.13 12 Fiords. oo 0 Bull creek. 37 23 Simpson Creek. 2 21 GallvanC. Ferry.17 36 Pig Pen. G 10 Blanton's Cross Roads.00 9 Total.iso 402 Dunn's majority 276: blank 1; total vote C49 The total voting population of this county is 1941-138G white md 555 colored voters. Of the C49 votes cast 441 whites voted for Dunn, 1 blank; 186 blacks voted for Whittemore and 21 for Dunn; making 207 colored votes In all, or not quite one-third ol the whites and less than half of the colored voters. In 1SG8. Whittemore received in this county .196 votes, over fifty of them given by while voter*. Covington, Democrat, received 1083 votes, about 70 ot them cast by colored men. What the Northern Radical Paper* say of the Result? It will perhaps bc consoling to the individual who has won a national fame as a cudelsulp broker to hear the expressions with which the respectable journals ot the party with which lie claims to be identified announce the news of his re-eleclion. The New York Post (Radical) thinks that -it is hardly possible that Congress will con? sent to admit a disgraced swindler to a se'at in its halls." Forney's Press declares that '-it is discredit? able to the country that such a person .should be re-elected," and adds: "It ls much to be regretted that the constituency of this man could not have boon better informed concern? ing his character, aud especially with the dis? graceful circumstances under wLich lie left the House." Even the New York Tribune expressed "Hie hope that in case this shameless adventurer and trader in politics shall be returned to Congress, that body will decline to receive him us a member, if it can'possibly find justi? fication for such a course." The New York Herald is even more compli? mentary. It says: "Whittemore, il is con? ceded, o a scoundrel, and of the meanest pos? sible type. His taking a bribe in Congress is shown to bc nut merely in lils usual way, but rather above his usual way in point of dignity and lair dealing. Even his defence-thal lie applied Hie money to charitable purposes turns out to bc a common defence with him, and lie has made it in cases ol knavery on so small a sum as seventy-five cenis. Yel this fellow must go to Congress, anil lhere is no help for it-nil because, knave ?is lie is, lie is popiuar willi the negroes, who are too obtuse, morally, to conceive ol these points of charac? ter as objections. -The Polish coiony recently established un? der the auspices of the Virginia Land Agency, in the upper part ol" Amherst and in Bedford County, is prospering well. The colonists have already planted out 50,000 grape vines, and speak confidently of the prospects ol ti large return. They ?re expecting an acces? sion of one thousand emigrants to join Hiern in ti few weeks. The Hon/Calcb Cashing, the president of this Polish Einigraiion und Colo nizution Society, refers to it as n great enter? prise, from which thu most important and valuable results tire to be expected. -The Free Masons of New York expect to make the ceremonies of hiving Hie corner? stone ol'Hie new Masonic Temple lhere. June 8th, the most Imposing ever Inul '.'ii ibis conti? nent. THE CITY DEBT. TBE NEW MOVE IO GET BID OF THE BURDEN. The Argument Against the Legality of the City Subscriptions to Foreign Railroads. As lt is desirable that there should be, iu the light of recent events, a full and thorough understanding of the position of the city debt, and of the opposing views of the stockholders and the tax-paying public, we think it proper to reproduce, in condensed form, a series ol articles from the pen of a Charleston lawyer, which have already appeared in print. TUE CONDITION' OF THE CITY. The writer, at the outset, seriously questions the assumptions that the city debt is a charge on individual property, and that iciih such properly the city is able to meet its obligations. The first question, according to the writer, is, can this city stand the assessments necessary to pay its debt ? Tlie debt amounts to $5,500.000, of which SG0,000 is in judgment, $140,000 more Is past due, $40,000 more will fall due In October, and $200,000 more, on an average, in each of the next twenty years. To meet this the city bas assets to life value ol $350,000, part of which, however, ls pledged to special debts, and ls .not, therefore, immediately available. These are, of course, insufficient, and the debt, therefore, only can be paid by taxation. The property of the citizens, ii taken at once, ls perhaps sufficient. The real estate is esti? mated at $23,000,000, and personal propertvat $10,000,000, and upon an immediate sale un? der assessment it would perhaps yield the necessary sum. But, admitting that an Immediate sale of all Hie property in town would give the means for paying the debt, lt must be considered that "?fte city is not permitted to become bankrupt.'' The debt must be drawn with Interest as It be? comes due, and the question is whether the city can stand the protracted taxation neces? sary for meeting interest and paying principal as they fall due. According to the writer, the city is in a diseased condition, there are $G0,000 of tax executions, little capital comes In, real estate Jails in value, and "the land which In Summerville yields seven per cent., In Charles? ton, for reason of the two per cent, for taxes, yields but five." In summing up this branch r,f the subject the writer says: The city is in competition with other places on the seaboard, having equal advantages, and without the st tinning weight of such a debt; and ir is to be seriously questioned, whether, if thc debt be in fact a charge on individual pro? perty, awl be enforced through continued process ol'assessment, this city can endure to the end in the form of an organized political community. The debt, when contracted, was not necessarily mortal. Admitting individual liability, it was not then so disproportloned to the business and resources pr the city: but the disasters of the war. while adding to that, have Iel! us with means diminished and utterly in? adequate to such a burden, and the city itself, it would certainly seem, If lt may not bo dis? charged upon a surrender of its avalliibe re? sources, must sink under the pressure. CAN TUE DEBT BE PAID ? Reviewing the schemes already published for arranging the city debt, the writer says: The assets ol'the city, assumed to be worth $1,500,000, are worth little more than the one I'oiirlh of il: submitted to leading brokers of ! the city, they report, as will be seen below, that their market value ls but about $445,000. ol'which ?2IS.047 is ol'the sinking fund, and ls pledged to specific debts. The fund, therefore, available for a reduction or the city debt, ls not more than $100,000, and that, whatever the discount, could not materially affect this mass ol'$5,500,000. Nor will the slock of the city be purchased by the city at a considerable discount: even so small a sum as $190,000 upon the market for the purchase of city stock, however carefully masked, would be discovered, and until ex? hausted would elevate the price. Nor will the creditors extend the time. The stock falling due, will be worth its face in cur? rent funds-admitting, of course, the obliga? tion and ability ol'Hie city to provide for it. The value of slock not due is little over 50 per cent. The creditors will not be apt to accept stock at 50 per cent, for his past due stock lor which he eau exact payment at par. The ex? ecutors ol' Gibbon demanded new stock and 10 per cent, more in available assets, and the debt, therefore, must be paid as lt shall ma? ture, or we must pay a ruinous price for the Indulgence.. Nor ls there room to hope for a lund to meet accruing stock from a reduction of the city ex? penses. It ls not lo be presumed that the present party in power will reduce: it is not to be assumed that they can be turned out of power; it ls not to be assumed that out ol' power the expenses would be less. All city governments, lor many years, have been ex? travagant. Administrations have been turned ont for their alleged extravagance, but only to be exceeded in expenditures by those which succeeded them. Expensive, therefore, us may be the present government, we have no reason, in our experience, to expect another Jess so. Nordoes the writer adrnlt that new obliga? tions, "non-taxable and payable in gold, will be accepted by the creditors at a premium;" for the bonds of the elly cannot be better than those of the State, which sell at about 90 cents. The writer therefore assumes Hitit Non-taxable and payable in gold, they will not be taken at par; taxable and in currency, they will be taken only at a ruinous discount; and lt is apparent, therefore, that we cannot poslpone this debt but by sacrifices that will render it, if possible, still more intolerable. And none ol' these schemes would lessen the pressure ol'taxation, while the mass ol'debt in the background ''will discourage new lines of business-will crush the germs ol' enterprise will force locations for necessary business be? yond the lines." It ls, therefore the deliberate conviction of the writer, "that if this debt is lo be paid, it will require the entire mass of in? dividual property; and if lt Is to be paid by continual assessments, it will survive that property, and, still unsatisfied, will administer on the mortal remains Of a ruined city." UENErt.tr. ASSETS OF THE CITY. The following valuations are certified to be correct by Messrs. H. H. DeLcon and J. H. Wilson, brokers oflhis city, under date ol'May 10, 1S70: Pnce fries Securities, per Par value, ? per Market sluire. ?_;sliaro.' value. Ulue Kid ee I it a il road; j j orig iuall stock.,* 1.01'.',000 00.! worthless Northe a st? ern Kail-' road o r I-1 gina] stock! $50 340,00000 $10 $05,00000 Cliemw and Darlington It ail road, original! stock.;. 100,00000 10 10,00000 Mein phis ami' t Charleston (dividend i siwck.i 23 MS.TjUOO' 10 59,500 00 N. E. K. lt Certificate Indebted ness.I 3,391 50 coe. 2,0:14 <M N. E. lt. lt. s per cent.1 Umida.!.' 2C..0OO 00 ssc. 22,10000 S. O.lustltute Bonds.I 2?,?UUOO. worthless Sundry Per- ; 1 s o n a I I Bonds.' 34.T1J -iP.. 34,712 00 Charles t o 11 and Savan? nah ungi ! na! stocK..1.. 2G5.-I00 onl. worthless ASSETS GENERAL SINKING FUND TLEDGED. City e per, cont, stock. 22 C. S. Bank stock. 1,948 Charles-' ton Gasst'kj 1,200 Sparen? burg anti! Union n. H.; stock.I 21,536 Nash? ville and Chattan oo-! ga lt. R. st'k 9.200 Memphis and Charles? ton H. R. stock. 554 Greenville and Colum? bia R. R. stock. 133 Charlotte and S. C. R. R.Btock_ 9 N. E. R. R. 8 per cent. Bonds. Real Estate,' lot In Smith' street. Sundry per-| aonal Bonds. I I 3,900 00|.I 3,000 00 88 00 . 49,600 OO.1 $22.' 30,000 00 538,406 75 230,000 00 13 0S0 00 13,300 00 4,500 00 885 OOi 7,864 58? $891,624 331 25C. $10 $2 $45 88c. 43,830 00 worthless 131,601 68 92,000 00 248,94^26 HAS TUE CITT TUE POWER OF ASSESSMENT ? The writer denies that the city possesses the power of assessment for the payment of its debt. Corporations generally possess such powers only as are conferred upon them by their charters; and the powers of a private corporation are limited to the objects of their creation. But strict as ls the law with re spect to private corporations, it ls stricter still with reference to municipal bodies. A muni? cipal body has extraordinary powers in en forcing contributions from the citizens, and it is manifestly proper, therefore, that lt should be restricted, severely. In its exercise, and be conflned.to a strictly public purpose. This ls In accordance with manifest propriety, and with the uniform decisions of the courts. The writer then says: It has been decided repeatedly by the Su? preme Court of the United States that a city government may not borrow money so as to charge citizens with the payment, without ex? press authority to do so. In Rogers vs. Burlington, 3 Wallace, 654, lt was decided by a majority of the Supreme Court that a municipal corporation, authorized to borrow money lo aid in the construction of an adjacent railroad, might Issue bonds to be sold by the railroad In payment of Its sub? scription; but from even this slight modifica? tion of the power, Chief Justice Chase and three others ol' the judges dissent, and say that, authorized to borrow money, and author? ized to invest it tn the construction of a public high wa v, the corporal lon may not even to that end deliver its bonds to that highway to be sohl. In Bell vs. Railroad, 4 Wallace, 593, lt was decide'! that a town in Mississippi, au? thorized to subscribe to a railroad, had no au? thority from that to incur an obligation In compromise of such subscription; and so, generally, it is decided that to constitute a valid obligation there must not only be the Sower to do the net, but that the power must e exercised in strict accordance with the form? of its prescription. The present debt ol the city has, for the most part, been contracted in the borrowing of money to be invested in railroads, and $3, 000,000 has been subscribed to tho construc? tion ol' railroads beyond the limits of the State. But, by its charter, says the wrlter The city government is simply charged with the "security, welfare and convenience of the city," and the .'.peuce, order and good govern? ment within the same." These are its objects, and to their accomplishment, it ls vested with the power to make such assessments on prop? erly therein, for the safety, convenience, bene JU and advantage at the said city, as shall ap? pear to them expedient. Every office of this government begins and ends within the limits ol'the city; it eau raise no dollar but by assess? ment, nor by assessment but for thu sajela, convenience or advantage of the city. The ob? ligations of thc city for money borrowed un? authorized by charter are Invalid; its obliga? tions for money so borrowed for railroards without authority are doubly invalid; and If this were all, upon the plainest principles of construction and of law. there ls no charge in such obligations upon individual property. Whether there be in such obligations a charge upon the City Council, and any proper? ty or any assets which lt may hold, is question? able. The acts In excess or authority by a municipal body are usually pronounced void, and so, unquestionably, they nre with respect to the ability ol' parties to charge them on in? dividual property: aud so, upon principle, lt would seem they must be with respect to the corporation Itself. But it is scarcely to be questioned that the city would be held charg able, as a trustee for the creditors, to the extent ol'the assets purchased by the money borrow? ed. And if to tliis extent the creditors may come in upon "the funds that may be held by Council, they have for anything in the charter, no right, in law or equity, to go one step be? yond; and as I have said, therefore, if this were all. there could be no charge upon in? dividual, property to pay the city debt." THE POWER OK THE LEGISLATURE TO RENDER THE CITY I'EIIT VALID The writer, having presented Iiis reasons for believing that the city debt was without thc warrant of its charter, proceeds to show that, "by nothing done in either the Legislature or tile courts, has lt been rendered valid." In 1854, the validity of .subscriptions to rail? roads being questioned, un act waa passed en? titled "An act to prescribe the mode and terms'' upon which the Connell should sub? scribe, "and to con?rm the subscriptions" theretofore made. In that act the lorms upon which, only, subsequent subscriptions should be made, are declared with great precision ami circumstance, and curtly, in the concluding clause, lt ls announced that subscriptions al? ready made should be obligatory. Now, If these subscriptions be obligatory, it must be in virtue of this act; without the authority of tile charter, they were necessarily invalid, "and that invalidity in this act of confirmation is admitted. Why the application for the act, or why the passage ol' the act. if the proceedings of Council hail been obligatory without? But the act is insufficient. The Slate could forgive, the offence committed by the city in usurping powers not conferred by Us charter, but it could not do more. Tlie Slate may pardon the thief, but cannot deprive the owner ol' thc right to retrieve Iiis stolen property: it may pardon the forger, but not tu make the bill a valid charge upon llie bank. From the most ample pardon such col? lateral consequences are not to bu assumed, and from even a more emphatic conflrinuiioD, wiLhoiit explicit declaration of Hie purpose, not appearing in this act, it is not lo be intend? ed Unit these acts ol' council should thence be made obligatory on individual property. Nor upon the principles ol' tin agency does the confirmation impart more. While it is Hie office of the Suite to give peace, order and municipal government to Charleston, it is not of Us office to direct Individual Investments. )f Council iu making such investments, the Slate is not the principal, but Hie citizens, whose property is attainpted to be taken. They only could condone the ads lu render icm obligatory, and, unless the approval of une principal will bind another's, no .such itn K>rt to this act is to be admitted. The writer continues as follows : But. if subtended, it is without effect. The ids ul Council wit hont authority ure void. If citizens be bound by these subscriptions, there ore, Ihey are buitnd not by the acts ul Coiin but by lins act ul the Legislature, and the Legislature lias nu such power over individual iropctty. Whether the Stale can vest a mu? nicipal council, originally, ?rilli thc power, ut ts discretion, tu make such lnvestinents,is yet questionable. L'pun principle, it caniut. It may nut du indirectly what it may not du di? rectly, ?mil if it muy iiul charge the peuple of a Iowa in this Stute with Hie building ol'n road in another, lt Is difficult to see how it can so by circuity of a city council. And the .' preme Court of the United States, while afflr lng a subscription under authority to a rc adjacent to a town In Vermont, and, therefo: a highway within the office of its munich council, expressly disaffirmed this municlj power. But however this may be, it cannot do so special act of legislation. There are but t\ cases in which the State can touch, direct! the properly of individuals. In virtue of I powers of eminent domain, It may take priva property for public uses; and in its office providing for the peace, order and well-beii of the people, it may take the fund, necessa to that object, by taxation. But this priva property is not so taken. "It ls not taken the roads in Tennessee in virtue of any pow of eminent domain; thal is only to a publ use, which this is not, and even then the must be just compensation, which shares these roads, if they thereby become the pro erty of citizens In exchange for these sn scrlptions, would not be. Nor is lt taken taxation. A tax is a tribute exacted by tl State to its support upon a ratable assessmer which this certainly is not, and by special ac therefore, as this, in affirmance of a void su scrlptlon, would be, the State may not so I trude on individual properly. If it be tl creditor of a citizen by the highest possib security, It may not help itself, but must si upon the debt, as must any other individual The writer concludes this branch of the su Ject In these words: It ls said Irregular acts of municipal bod! have been confirmed to charge individual and the case ol Thomson vs. Lee Conni Iowa, 3 Wallace, 3^7, ls cited to thc polr There the council was. authorized to subscrll on forms, which were'not strictly pursued, b the Legislature approved the act, and lt w decided that after that, it was as if original binding. But here the question ls nofof tl irregular execution ot a power, but of the e istence of the power, and the difference is val The courts carry out the Imperfect acts trustees in execution of power to se but was it ever heard that a court d carry out the act of a tnistee who had i power to sell ? Principals do often confir the acts ot agents, and are as bound as if tl act were within the powers originally co ferred. But was it ever heard that a prinelp by confirmation could give validity to the a ol'bis agent in binding any other man? S States do often continu the acts of munlcip bodies within the office of their general i speclel powers, but lt was never heard that State did by ex post facto law rightfully coi fer an office or special power on a municip body or other corporation. To that extent no decision I have ever seen, and can the Stat by recognizing, in this assumed character of corporation, a number of persons, give validii to the powers they have assumed to exercise If without charter they have appropriate property to a railroad, for instance, does r< cognition make valid such appropriation ? Ii when done the act were a trespass or crime, can the State, by recognizing the ager as a corporation, condone ft? Between tr, trani of regularity and the ?oetnt of office. In tl performance of an act the difference ls distlnc What ls Irregular in the performance, or I office, may be allowed by confirmation; win is without the office of ari agent ls without tt capacity of continuation, and while the respoi sibility ol'an act maybe assumed by any on who chooses to do so, whether there was or ginal authority or not, if it were without th office of an agent, It Is not incurred by confli mation of the agency. By conllfmatloi therefore, these subscriptions are nolbindin? That they are not so by action of the court, wi hereafter be shown. THE DECISION OF TnE SOPS CHE COURT. In regard to the effect of the decision of til Court of Errors of thia Slntc In the case < Copes vs. Richardson, the writer argues thi the court only decided that the contirmator acl precluded the Slate from forfeiting Hi city charter on account ol' the ads of usurp) tion which the Council had committed. Th writer continues: But, it is said, the court did go further, an decide, not only that the act of conllrmatio was constitutional, but that lhere was orglna ly the power In the Council under the charte to make subscriptions. True, but these ar questions not at Issue. Thc act of the confli mation was an estoppel to the State, wheihe constitutional or not; nor, so estopped, wa there room for the State to question whethe there was or not thc power in Council to sui scribe. Precluded of Its power to punish b confirmation, il had been idle to inquire wlu ther, bul for that, it wouid have had the rlgh to do so. The utterance of the court to othe questions, therefore, not in issue, was not declsioaf but al best, was but the expression c opinion by the judges; nor, on a point not li issue, and sot supposed to have been consldci ed by thc court, was lt more than the oplnio; of that single Judge who made it, and there i much to weaken the force of it, as a just expo sitlon of the law. The plea that the act of confirmation is bul an affirmation by thc State of a municipal act and does not Impair thc obligation of any con tract, is not sufficient to give validity to voil subscriptions which took thc property of etti zens, without their consent, to loreign rall roads. In that sense, it was more than the appro va ot'a municipal act; it was thc authorizing o the investments ol individual property bi Council to foreign objects. It were mocker] or madness to call this a municipal act. It ii not naturally within the office of any city gov vernment; in this agc ol' reckless legislation it has never yet been made so; and it is onh In the wantonness ol'abrilary power that suet an office can be constituted to thc ruin of a people So, also, it is not, as assumed, that it can only be unconstitutional for viohtting con? tracts. There are many muniments of rights and liberly besides that. We may not be dis? turbed in person or estate but by law, nor cac our estates be taken to public uses without just corn pens?t ion. Could the learned Justice have intended that if the State could not break a contract, it could make a contract ? That lt could put thc citizen into a subscription tc which he was not bound, or do so without tak? ing lils property to pay for il, or that against that most unwarrantable form of exaction thc citizen has not constitutional protection ? The original power of Council is found ic their authority to make "others by law 01 regulation that shall appear to them necessary to the security, welfare and convenience ol sahl city, or for preserving peace, order and good within the same." TJie Council was appointed in 1784 to thc local government of Charleston; thal appoint? ment was a delegation by the State of its pow? ers of local government, more conveniently exercised by u local municipality. As though to guard against encroachments, the objects are specifically indicated lo bc, "the charge ol' streets, lanes', public buildings, workhouses, markets, wharves, public houses, carriages, wagons, carts, drays, pumps, buckets for en? gines, the poor seamen, disorderly people and negroes.'' and so constituted lo municipal ollice, of which to avoid misconception the ob? jects were thus specifically indicated, the limi? tation of power ls formally and vaguely rounded as above. But can it be contended that formal rounding lets them in to lim? itless discretion? Why the indication of streets, lanes," Ac, ol' Charleston, in the special powers, if tinder the general dis? cretionary power they might improve tho streets and alleys ol' Nashville or New York? And whynot improve the alleys ol' Nashville, aa well as tunnel the hills ol' Ten? nessee ? The one might tend lo the general welfare ol'Charleston, und so it might be saul ol'Hie oilier, and with quite as much plausi? bility; for the opening of a road to Memphis took Uro lousiness houses from Charleston, anti all the wheat and cotton of the Tennessee Valley to the .Mississippi River. At this point ends the last ol' Hie article i which has fawn published in regard to the city debt. Il must be remembered, however, that lhere are two sides to every question: that a maller so important as the legality ol' thc i-sue of i3,000, ?OJ ol e ty stock cannot be lightly or quickly decid.''.', F Shipping. OR LIVERPOOL. The first-class British brig "J. L. PYE.? fli Pye, Master, having a large portion of herfltt :argo engaged and going on board, will fail wita ilspatch. For Freight engagements apply to J. A. ENSfcOW 4 CO., Jnn6_No. 141 East Bay. JpOR FORT SUMTER. The safe, fast sailing and comfortably ap- J?* pointed Yacht "ELEANOR" will make two SE? :rlp8 dally to Fort Sumter and the other points of llstorlc Interest In the harbor, leaving Sooth Commercial Wharf at 10 A. M. and 3 P. M. The Yacht can also be chartered for private parties on reasonable terms.- For passage or charter apply lext door south of the Mills House, or to the Captain on board. may 14 P O E PHILADELPHIA. THE REGULAR STEAM LINE-WEEKLY. The Screw Steamship PROMETHE-^f?CB*L US. Gray, Commander, will sall tov??Mlmm\ Philadelphia direct, on {FRIDAY, June 10th, at 2 o'clock P. M., from Brown's South Wharf. SW Insurance by the steamers ot this Line S' per cent. For Freight engagements, or Passage (cabin $15,) apply to WM. A. COURTENAY, Agent, Jnn6-mtnthf4_No. 1 Union Wharves. BALTIMORE, PHILADELPHIA, BOS? TON, AND THE CITIES OF THE NORTH-? WEST. THROUGH BILLS OF LADING GIVEN FOR COTTON TO BREMEN. The fine Steamship " MARYLAND," ^fiflkL Johnson, Commander, will sail for??y?2?? Baltimore on WKDNESDAY, 8th June, at l P. M. Connecting with the Bremen Steamer, "LEIP? ZIG, of the 15th. SW Philadelphia Freights forwarded to that city by railroad from Baltimore without addi? tional Insurance, and Consignees are allowed am? ple time to sample and sell their Goods from the Railroad Depot in Philadelphia. PAUL 0. TRENHOLM, Agent, jun4-4_No. 2 Union Wharves. .pOR NEW YORK-TUES DAY. - The Al side-wheel Steamship SOUTH ^Tjf Gm. , CAROLINA, S. Aitkins. Commander, ??Mfi?jg tvlll sall ror New York on TUESDAY, June 7, at &-' o'clock P. M., from Pier No. 2, Union Wharves,, connecting with day Passenger Trains from Co? lumbia and Augusta, arriving at 4 P. M. The SOUTH CAROLINA will make close con? nection with Liverpool Steamship NEBRASKA, ot Messrs. Williams & Gulon's Line, sailing June 8th. Insurance hy the Steamers of this Une X pet cent. For Freight engagements, or passage, having very superior stateroom accommodations, all on deck and newly furnished, apply to WAGNER, BUGER & CO., No. 26 Broad street, or to WM. A. COURTENAY. No. 1 Union Wharves. Jonl-fl VESSELS SUPPLIED WITH CABIN AND MESS STORES ON SHORT NOTICE. Captains and Stewards are respect- ^fifipJbk fullv Invited to call and examine theSAawK quality and prices of our GOODS. Full weight, guaranteed. Delivered free of expense. WM. S. CORWIN & CO., No. 275 King street, opposite Hasel, - Charleston, S. c. HW Branch'of No. 900 Broadway, New lort. jnn24_ ?pOR BEAUFORT, VIA EDISTO, ROCK? VILLE AND PACIFIC LANDING. Steamer PILOT BOY, Captain C. _ . j-TT-*w Caron White, will sall from Charles- JgfgQSC ton for above places every TUESDAY MORNING, at 8 o'clock Returning, the PILOT BOY will leave Beaufort early WEDNESDAY MORNING, touching at all the above named Landings on her route to Charleston. J. D. AIKEN & CO. mch24_ .pOR SAVANNAH, (INLAND ROUTE.) VIA PACIFIC LANDING AND BEAUFORT, The steamer PILOT BOY, Captain 0. Carroll White, will leave Charles-._ ton every THCJISDAY MORNING, at s O'CIOCK, ?os above places. RETURNING: The PILOT BOY will leave Savannah every FRIDAY AFTERNOON, at 3 o'clock, touching at Beaufort and Paclflc Landing, and connecting at Charleston with SATURDAY'S Steamships for New York The PILOT BOY will touch at Bull's Island. Wharf every fortnight, going to and retnrnlng from Savannah. J. D. AIKEN & CO. aprs F OR GEORGETOWN, S. C The Steamer EMILIE, Captain P. C. Lewis, will receive Freight THIS.. ___ DAY at South Commercial Wharf, and leave as above on TUESDAY MORNING, June 7th at 6 o'clock. Rot urning will leave Georgetown on THURSDAY* -MORNING, June 9th, at 6 o'clock. SHACKELFORD A- KELLY, Agents. jun6-l No. 1 Boyce's Wharf. -pOR EDISTO AND ROCKVLLEE, VIA ENTERPRISE, YOUNG'S ISLAND, BEAR'S BLUFF, Ac, INLAND ALL THE WAY. The Steamer "ARGO" Is now re? ceiving Freight at Accommodation,_ Wharf, and will leave as above TO-MORRUW, Ttl stant, at ll o'clock. A. M. For Passage or Freight apply on board, or to DOUGLAS NISBET. Agent, Accommodation Wharf. N. B.-Freight and Wharfage payable here. jim 6-1_ OR GARDNER'S BLUFF F AND INTERMEDIATE LANDINGS ON THE PEEDEE RIVER, VIA GEORGETOWN. The Steamer PLANTER, Captain - r?tT^|>? J. T. Foster, ls now receiving freight jaSmmmmmi at Accommodation Wharr, and will leave on WEDNESDAY MORNING, the 8th inst., at 5 o'clock. Freight and wharfage prepaid. For Freight or Passage, having stateroom ac? commodations, aply to RAVENEL 4 HOLMES, jnn4-3D4c No. 177 East Bay Railroads. p ET YOUR TICKETS TO ALL POINTS. FACILITIES NEVER HERETOFORE OFFERED TRAVELLERS. A General Ticket Oince is now opened at the Charleston Hotel. This ls quite aa accommoda? tion and gives facilities to those who leave by rail or steamers, North, South, East or West. Tickets also given to all points on the S. C. R. R. Information cheerfully given by the general Ticket Agent A. BUTTERFIELD, jungll _ Charleston Hotel. ^OUTH CAROLINA RAILROAD. GENERAL SUPERINTENDENT'S OFFICE, V CHARLESTON, S. C., May ll, 1870. I On and arter Sunday, May 15th, the Passenger Trains upon the South Carolina Railroad will run as rollo ws: ?OR AUGUSTA. Leave Charleston.9-3o A. M. Arrive at Augusta.4.25 P. M. FOR COLUMBIA. Leave Charleston.8.30 A. Ml Arrive at Columbia.4.10 P. M. FOR CHARLESTON. Leave Augusta.8.00 A. M. Leave Columbia.7.45 A. M" Arrive at Charleston.3.30 P. M. AUGUSTA NIGHT EXPRESS. (Sundays excepted.) Leave Charleston.8.30 P. M. Leave Augusta.6.00 P. M. Arrive ar Augusta.7.05 A. M. Arrive at Charleston.5.40 A. M. COLUMBIA NIGHT EXPRESS. fc (Sundays excepted.) Leave Charleston.7.30 P. M. Leave Columbia.7.60 P. Mr Arrive at Columbia.8.00 A. M Arrlve at Charleston.6.45 A. M. SUMMERVILLE TRAIN. Leave Charleston.2.50 P. M. Arrive at Summerville..4.10 P. M. Leave Summerville.7.10 A. M. ? Arrive at Charleston.8.25 A. M CAMDEN BRANCH. Camden and Columbia Passenger Trains on MONDAYS, WEDNESDAYS and SATURDAYS, and be? tween Camden and Ringville daily, (Sundays ex- . cepted.) connects with up and down Day Pas? sengers at KiugviUe. Leave Camden.6.35 A. M. Arrive at Columbia.11.00 A. M. Leave Columbia.1.00 P. M Arrive at camden.6.40 P. M H. T. PEAKE, inayis General Superintendent?.