Historical Newspapers of South Carolina

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VOLLME XI.-NUMBER 1774. CHARLESTON, FRIDAY MORNING, SEPTEMBER I, 1871. THE m-KLDX TRIALS.! * -. DECISION OF TBS COURT ON THE MO? TION TO QUASH THE INDICTMENT. Judge Bond's Opinion-A Division or the Court-Several Counts Decided to be Bad-Thc Arraignment of Bnerod . Childers-Argument on (he Right of Peremptory Challenge. : SPECIAL DISPATCH TO TH? N3W8.] COLUMBIA, S. C., December 7. Ia tb? United States Court, to-day, the trial of AUeniCrosby and others, charged with vio? lating the Ku-Klux law, was resumed, and Judge Bond delivered the opinion of the court on tbe motion of the defence to quash the in? dictment. The ourt decided that the first count, (ob? jected to because of vagueness, and of the omission of the names of the persons Injured, 4c, ) was good; and that the eleventh count, (objected to because the particular election was not set fort h, and because ft was not shown that tbe petr jo obstructed was a qualified j Toter, A- J. , ) was good. The court was divided on #e third count, (objected to because the al? leged burglary and battery was an offence ex? clusively cognizable by the State,) and on the fifth count, (objected to because the person obstructed was not alleged to be a'qualified voter, because the unlawful means were not set forth, and because the burglary and bat? tery was an offence against the State.) and on the seventh count, (objected to for same reasons as second, third and fourth counts.) The second count, (objected to because lt was , not alleged that Amzi Bainey was a quail t fied voter, nor that there was any elec? tion;) the fourth count, (objected to be? cause it was not alleged that Bainey was a citizen of the United States or was qualified to vote otherwise than by ibo force ot the fifteenth amendment;) the sixth count, (same objections as the second;) the eighth count, (objected to because the rights Invaded were not shown, nor the means by which, bo was tobe hindered;) the ninth count, (objected to because lt was not averred ii what way Rainey was deprived of the equal protection of the laws, Ac, ) and tho tenth count, (same objections as tho ninth,) were decided tobo bad. Tho motion to quash the indict? ment was overruled, and Mr. Stanberry s motion to certify the opinion ol the court was postponed. The court granted the district attorney the right to enter s nul. pros. on . th s burglary counts, with the especial understanding that another case pf the same nature, to come up to-E?orrow. ls to be submitted without argu? ment, embracing the same points. This was done to ??ave time, many witnesses in this tase bei og present. The defence held that the district attorney had no right to withdraw, and that the case should be immediately certified. This wa3 overruled by the court.' Bishop Sanderfer and John Little, ot Tort, were balled In the sum of three' thousand dol? lars each. The defence slated they would sever in their challenges, and the prosecution gave notice that they would, sever as to the parties named in the indictment. ff Sherod Childers, of* Tors: County, was then Taced upon trial, and pleaded not guilty. The defence peremptorily challenged one Juror, and their right to do so being denied by the government, an argument followed. The court withheld its decision until to-morrow, pending which the court adjourned. _._ PICKST. NOTES AND DETAILS ET MAILS. Tbe Argument of Reverdy Johnson. COLUMBIA, S. C., December 6. In the United States .Circuit Court to-day occu.-red the moat important event in tho Ku-Klux trials thus far, and perhaps of the whole proceedings-the learned and ?loquent argument of tho Hon. Reverdy Johnson, lead? ing couHsel for the defence, upon tho motion toAvashthe Joint indictment against six of] the so-called fin-Klnx, which charges them with conspiracy and burglary. The improvis? ed court-room contained-the largest and by far the-moat Intelligent audience that has yet as? sembled since the beginning of the trials, and the most marked Interest was manifested. Mr. Johnson was not tn good physical con el l< ion, and this fact, taken in connection with his venerable years, might well have atoned j for a far less able argument than he did de? liver; but U was soon seen that, despite his advancing'age, he lacked none of the careful erudition, the accurate historical Information, the vivacity of Intellect, or the sub tlet y of ar? gument that bad so long distinguished him His address was a finished and harmonious creation-the foundations laid solidly and j deep, and the superstructure piled with skill and thoroughness, impregnably enclosed and fittingly surmounted. Previous to the argument by Mr. Johnson, the district-attorney introduced, by consent ol thv defence, one additional point omitted from his argument of Tuesday. Mr. Corbin teving resumed his seat, Mr. Johnson, for the jjbtioa, addressed the court as follows: AROCMENT OF HOS. ?SYSBDT JOHNSON. May it please your Sonors-I shall beat show my sense of tbe indulgence which the court was kind enough to grant yesterday by proceeding to discuss at once soon of the questions which arise under this motion as I intend to consider. j It is not my purpose to examine In detail the objections which have been made to the1 Indictment. Tbey are set forth with sufficient fuStets In the motion itself, a*nd they' have been so ably enforced by my colleague, that I shall deem it unnecessary to say anything fur? ther in their support, except to call your hon? or's attention, before I close, to some general reflections, applicable to criminal pleading In general. My principal object, and I ask the kindness or tho court in listening to mej with all the patience which belongs to such a tri? bunal, will bo to examine the fundamental questions which the motion preseLts; those ?uestions which Involve the trae interpreta on of the Constitution of the United States, and which consequently Involve the rights of the States of which the United States is com? posed, because by the constitution itself-in one of the amendments-lt was provided that all the powers not delegated to the United States, were reserved to the State?, or the people respectively. Before I take up, maj It please the court,, the several amendments upon which this In? dictment ls founded, and examine them each separately and then examine them all collec? tively, I deem lt proper to call to the court's attention some principles about which there has never teen any dispute, unless they are to be disputed now, for ins first time. At the termination of the revolution, each of the colonies became a separate ana inde? pendent State, clothed with all tho powers which belong to sovereignty, not responsi? ble to any other government They had severed their connection with the Qovern . ment of Great Britain, and they declared i themselves, In the act of that severance, that <M$they designed to be forever separate and in? dependent states. The exigencies or tho re? volution demanded that there should be some bond of union, so as to preserve a united iront against tbs arma of Great Britain. Sepa? rate and individual exertion would have been futile; joint action, consolidated action,was de im anded bj the exigencies of the moment, with a view to attain such power, they ad J ed at an eariy period the Articles of Cooled tlon. Upon their face, the governmen government it could be called, which was < e?tuted by force of those articles, was b league between the States respectively, wi either of them could abandon aipleaet compelled, only, if the rest of the SU shouln. think proper to resort to that con to be forced back by war, compelled by . to observe the league. It lias since become evident, as yonr hon know, that a government of that descrlp', was wholly inadequate to accomplish the < for which our fathers fought, and lu wt they triumphed. They.desired to make a tion, and with that view, and in order to gu against the cons?quences which wer? apt; ent, of remaining In the confederation, t made and devised the Constituilon of United Stat??. The men of that day, as Vi and patriotic as any that Heaven has tr given, saw that there were danger to be prehended from any government which tl might devise. The dangers were two-It the dancers arising from the supposed cen fugal fore-: necessarily incident to a gove ment composed of States, and the dangers cldent to a centripetal loree incident to a g ernment in which all the power should be volved upon the gooers! government. Tl designed to guara more especially agaii the last than the first; they apprehend m< danger from the last than from the first. Tt had seen, and seen by their experience as c onies, that the most dangerous governor In the world is a centralized and consolid?t government. That convention was composed of the b men from the several colonies, which tb had become independent States. Each w anxious to preserve the pence within l State, so far as it could ba done COD Bist? with the national security, and, thereto each desired and thought he accomplish the end to give to the Government of t United States no powers which were not nt essarily conferred in order to enable os to I come a nation. All- the domestic pow? which belonged to the States before were I tended to be left to the States forever, un changed by constitutional amendment. 2 powers were delegated except such as we necessary td enable us to deal with loreign, c Hons, and to accomplish ends as between t States themselves that could not be accoi pllsued by means ' of individual 8 a power. The States under the artici of confederation had, by thtdr various co nlciiog regulations, so hampered oom mer that conflicts were constantly occurrlo They had passed laws for tbe payment debts by illegal currency,, a currency called 1 them legal, which had so value in point i fact. They had disregarded contra?is bv pas lng laws violative of their obligations. Tues powers it was-Intended to divest them of. an these they are divested of. The restriction < commerce is entrusted exclusively to til United S tates .In Its. legislative department; restriction opon the State* expressed th? they should make nothing but coins tend? la payment of debt?, and should P*88 n? la' impairing the obligation of contracts, ant with a view to make these provisions open Uve at all lt ?mes, sod to secure the benefit which they were Intended to attain, they coi stltuted-and lt was the crowning piece c their work-a Judiciary of the United State? and clothed .t with all the powers neeessar to give effect to every one of the powers c Congres?, and te cause the States to observi all tne restrictions to which toe Slates wer subject by the constitution. But there I? one thing, may lt please yon honore, that they did not do; there ls on thing, my friends will permit me to say, tha If any man in that convention had propose* he would .hardly have been listened to witl respect, snd that was to place the franchis* under the control ol the Government of thi United Stales, to place the right to vote to bi regulated by the Government of the Unltec States. What they have done shows that the' intended no such thing as that. The first article of the constitution, whlcl creates the l?gislative department of the gov ernment and provides for the manner li wbich members of the House ot Representa? tives and the Senate are to be elected, sayi In so many words, that la the election ol members of the House sad la the election of s President of the United States, or fox elector* for the Pr?sidant of the "untied States, thc qua! i acallo ns of the voter are not to be suet as Congress from time to time may provide, but are to be at once and forever, Ia the ab? sence of constitutional amendments In thc future, such as ls prescribe d tor the election oi members of the most numerous branch ol the State Legislature; aye, ol each State Leg lBlature, may it please ' your honors. They can change under that provision the regula? tion ot the franchise from time to time, ss In their wisdom they may think proper, and that, as we know, has been done from the beginning of the government even to the present day, or at least until these laws were passed. Io some States a property anallnoallon was demanded: lu some States le azo was different from tue age prescribed in others; In some States only a citizen, natu? ralized or native, could vote; In some Stales he who came lo the United States intending to remain here was made? qualified voter. Nobody ever dreamed that lt - was lu the flower ot the United States to change or abol ah any of these regulations. And why not? Because suffrage was deemed vital to the ex? istence of the States; because a uniformity of suffrage in the election ol the House, and In the election of State officials, was supposed to be absolutely necessary in order to accomplish the ends that they had in view. Counsel then proceeded to review In detail the provisions bf the constitution and the amendments thereto, with a view to show that nowhere was the authority' conferred upon Congress to pass laws regulating the right of suffrage In States for the election ot State officials. He then continued: I know, may lt plea*e your honors, that the court will do me the justice to believe-I am too old In the prolession to attempt to Impress .upon the court any opinion In relation to constitutional questions which I do not slooerely entertain but think the court will trust me well enough to believe that-I am sure the presiding Judge does-the defence of a prisoner or of parties who have placed their deience in the hands of my lriena and myself, are as nothing com? pared to the preservation of the constitution upon which our liberties rest. The Individual may be Incarcerated; he may expiate bis al? leged crime? with his life; he passes off, and the public are not injured. But If he ts pun? ished; If the Government af the. United States seek to punish him by means ot laws they hive no constitutional power to pass, thea the constitution itselt ls wounded, through the sides of the prisoner, sud the cause of freedom itself ls in danger. Man ls but a creature of the moment-an atom which time blows away; but the cause of constitutional freedom should never be put in peril, for upon its existence, upon lu enlargement, rests the hopos, rests the interests, rests the freedom of the people ol the United States. Tour honors, therefore, when you are called to pass Judgment upon theee men are also called to pass Judgment upon the Constitu? tion of the United States. Shall lt be observ. ed? Shall Congress be permitted, for any pur? pose, however good, morally speaking, the pur? pose may be, to violate the restrictions which the constitution throws around it ? Now,what have they done, may it please ?our honors, In the seventh section of the act ? 0 that I now invite your honors' attention. I mean the act of 1870, upon which the first eight counts of the indictment have been framed. My brother, the district attorney, and I tbtnk he said his assistant, the attorney general, was in the same perplexity-told you yesterday that this law gave him great per? plexity, embarrassment and annoyance, and ne did not know how to draw an Indictment under lt with any certainty that the Indict? ment would stand. If I did not believe it. upon the authority of his own statement'I should have known lt would? for however skilful-and they both have proved them? selves to be em 1 Bently skilful-they might be lu the science of criminal pleading, I can very well imagine that wben they met lo their private office to frame an Indictment under this act the first question which they proposed to each other was, How in the name ol won? der can lt be done ? It ls a puzzler ! The act was probably drawn by some mem? ber of Congress who did not know what he was about. Occasionally-very seldom, how? ever-there are such men In Congress. Now, what has the draughtsman of that bill provided ? That If, In the act of violating the law itself, any felony shall be committed, then the punishment, which, Independent of felony, the statute prescribes for tbe mere violation of the statute, shall be the punishment which the laws of the State impose upon the felony which may be committed. Both my brothers have said, and they can say nothing else, that that provision does not give the courts of t United States rhe right to try &p murder burglary or any other felony known to t laws of the State of South Carolina, but tb those felonies are referred to in the seven section merely for tbe purpose of measuri the punishment which ls to be inflicted up bim who violates that act. They both said, clear terms, that, over the laws of South Cai Una, and over tho crimes perpetrated In vi lation of those laws, the United States ha no jurisdiction. Murder, as lar as their pow ls concerned, may go unpunished. Burglar as far as (heir po wer is concerned, may equal go unpunished. They do not try him, tber lore, for murder; do not try him for burglar but would punish him tor violating the sectil because he has committed murder or burglai pr some other offence. Kow, first, bas the Congress of tbe Unit? States any power to confer upen tbe Jud?ela of vhe United States the authority to try vi lat ions of tbe criminal law of a State * No. ls conceded. What Is lt but to try, under tb third count, first, the combination or coi f-piracy, that ls one or (he offences charge and the perpetration of that conspiracy is sa to be in violation of a law ot the Uniu Slates, contrary to the peace and dignity i tbe government. Then they go on under lt section io say that, In committing the offene whloh is thus prohibited by the constitutif, and laws of tbe "Jolted States, and I assum now, fot the purpose of th? argument of th section, that lt is constitutional, that the pa ties committed soma offence which the Unite States have a right lo examine and punisl and yet, in framing their indictment, the s1 at ed, and they were obliged to state, thc these parties, in the act ot committing tb offence of combining agUnut the privilege secured by the act, committed the crime c bnrglprr, an offence which ls against the peac and government, and dignity of the State ( South Carolina, not ol the Utried States. I that particular, it is the law of South Carolin they have broken; lt ls the peace and govert ment of South Carolina whloh have been dh turbed. The peace and government of th United States were Involved in the first pat of the charge; the peace and government c i South Carolina, alone, In the second c'ause o the Indictment. Now. may lt please your honors, both o? th coun=el upon the other side say that the juris '? diction which you are now asked to assume to oust the Jurisdiction of the State cf Sout1 Carolina, then a poor man who commit burglary may be punished twice, not punlfhei for the violation of the section, I beg y otu honors to particularly note. I have endeavor ed to show you tnat he is punished becausi he has committed burglary. He bas to bi punished first by being confined in prison o: the penitentiary, as the laws ot South Caro lina may direct. He may suffer the whole ex tent of the penalty which the court is author ized to impose. Then alter you have hin there under the law of the United States foi the offence of burglary committed against th? laws of South Carolina, South Carolina ma] take him when be comes out or may take him whilst he ls in, try him again for the same ol' fence, and Impose upon him the tame penalty. Is that Justice, is that law, is that humanity ' Oed himself has almoBt written ?poa the tablet of the heart a protest against lt. A man is not to be tried and punished twice foi the same offence. The object of the law IE fulfilled, the expiation of the crime is full and complete when he is punished once; yet out brotners say that he may be punished twice lor the same offence. I maintain, therefore, may lt please youl honors, if my friends will permit me to say so with great confidence, that Congress had no power whatever to pacs the seventh section. These are serious questions, may lt please your honors. They Involve the relative powere of the General and State governments in very material respects. - They present for consider? ation the proposition whether lt ls In the power of the Congress ol the United States to enlarge the Jurisdiction ol the Judiciary department ol the United States, by Irencblog upon the ju? risdiction ot the judiciary department of the State. They present the question whether there Is not or may not be a conflict between the two sovereignties. These questions, as your honors knbw, have often been submitted to the Judiciary of the United States, and in all questions of reasonable doubt, where the court did not feel perfectly satisfied that tbe law in Question violated anv statut* .nf the mined Stares, xney tiesirea and have accomplished that wish to have that fettled by an appeal to the ultimate Judicial tribunal, organized by our fathers for the very purpose ot settling such controversies. The Govern? ment of the United States would not have out? lived a score of years but for the Supreme Court of the United States and the support of the judiciary of the United States. It was cer? tainly the object of the far-seeing men by whom that constitution was dratted, that In reference to the powers of the General Govern? ment, and tbe restriction of the powers of the Slates, H diff?rences of opinion should there? after arise, how are they to be settled ? Not as between the nation ot the United States and other nations, but by peaceful, judicial ar? bitration; and a court was organized for that end, holding Its tenure of office independently of the Executive and the legislative depart? ment ot the United' States-supreme as far as the powers lodged in them are concerned. Now, we are called upon to examine the validity ol the legislation of Congress. May they not err * Who shall say that they may not ? They are men, and lt ls a part of human nature, and of their nature, to be at times mistaken. Var i ou* influences may operate upoa them. In high party times, the exigen? ce s which party demand.-, with a view to Its continuance in power, may warp the Judg? ment and blind them to the limits of their au? thority. The President of tbe United States I speak not in reference to this particular case, orwiih any prejudice-the President of the United States may disregard, or not know, the limits of his power; ? or, with the view to his success In a second election, he may give bis approval to laws not within the scope of legis? lative authority. A great statutory protection with us* and which ls thrown around the citi? zen, whoever he may be, when charged with any offence, is the writ of habeas corpus, by which be shall have that charge examined. This must be taken away from him. Con? gress may claim lo define what is rebellion, not to state what was rebellion when that Sart of the constitution was adopted. But to efine lt, and then to give to tne President of the United Stales au authority when in his judgment such a rebellion as they described existed, and the public safety demanded it, to suspend the writ of habeas corpus, march bis legions into any State in tbe Union lor the purpose of putting down thc rebellion. Not an arm may have been raised against the au? thority pf the States or of the Uuited 8tates; the judiciary ot both in the exercise, unchal? lenged* of the Jurisdiction conferred upon them by their respective government*. The Bvern ment of the State, lu demanding the erferenoe of this provision of the constitu? tion, as your honors will remember, ls, that In the case of demonstrative violence, the Legislature of the State where the violence may be perpetrated may call upon the Execu? tive of the United States to come to their aid. and when the violence exists In the recess of the Legislature, the Governor of the particu? lar Btate may Invoke the authority of the Uni? ted States. What have they to do ? Do they come un? der the original provision for the purpose of enlarging the Judicial Jurisdiction of the gov? ernment ol the United States ? Certainly not. They had to do that whloh, in the case sup? posed, the State ls unable to do. They bad to assist the State in putting down the domestic violence of -the rebellion. When put down, rebels, for rebels they are, are to be tried by the judiciary ol the Stare, and of the State only. Now. may it please your honors, I am not Baying that the validity of such legislation aa found in the particular act of 1871 (is now before the court. I only reter to it for the purpose of impres? sing upon your honors the necessity of look? ing to the public good. Looklnar, in the lan? guage of the Constitution of the United States, when they give the power to such extent, the writ of habeas corpus, to the good that the public safety demands.. With these questions are concerned the legitimate authority of the United States, and the authority of South Car? olina, or of any other State, which shall be settled by that tribunal, whose voice 1B iaw, and to whose Judgment all will assent. May it please your honors, no man, as you know, slr, as presiding judge, in the begin? ning and throughout the content-a contest fearfully desolating from the war which grew out of lt-was more solicitous tban myself to maintain the authority ot the Union, and to deny the power of any State, or any right In? dependently of the constitution, or under any right supposed to be found in the constitution, lo leave the Union. My voice and my *vote was, upon all proper occasions, raised and given to maintain the authority of the Union. But I had hoped tat when those who bad re belied against lt authority laid down their arms that the waiwas over. I did not, lo my own mind, in my seat In the Senate of faa United States, cbrgs the men who were en-. gaged In that fesfur struggle upon the part of the South wlthany intentionally improper design. They bad been educated io believe that the right of acession was a constitution? al right, or, in te condition In which the, Southern States vere placed at the moment the war was comaeneed, that there was' a right of revolution I think they made a mistake, a Fad ml take, but it was an honest mistake. But, tie war over, much as I lamented the couse they bad pursued, I al wa\s grasped the hand of a former friend wllh the same p;asure with whicb I had. taken lt at the lise of my former acquaint? ance with him. The war ls not oer. it seems, now. Are we in rebellion now, r does it rage within the limits of South CaDlma * They say there was op organization wibln the State of South Gar- j ollna which lookecto depriving some citizens of the Slate of the rights secured to them by the constitution. ; have regretted lt. Butts that rebellion ? tVjv, In that sense, every crime that is perperated ls a rebellion. Every association, whet hr called Ku-Klux, a name, by the way, which trie President made c?asele by Inserting lt in bs message, and which will live in all the f?hre, as one of the classic terms of the day, iecause of Its being found In the message, ll the associations, provid? ed they are in ther nature secret^ and I think your honor, the presiding judge, If not my friend the district judge, nave once upon a time belonged to *?<?ret societies. Masonic or political, societies ntended to promote knowl? edge, and socleliW glorying lu the appella? tion of knowing n?thing; but they were bard to put down. I kinw we found lt so In Bain- j more, and they .'onad it so ia Louisiana, where many mel were killed In the ex? ercise ef the otject of that Know-Noth Ing conspiracy, no doubt set on foot for tbe purpose of ?comp lshing some patriotic end; but would tha have justified the Govern? ment of the Unit?! States In declaring Lou? isiana, or Ken tuck,-, or Maryland, where those societies existed. V s state of rebellion ? or authorizing the President of the United States to send his troops to put lt down? I do not mean to be personal, but you, sir, might-have been the victim o'the first arrest. They were political, bat the Ice of this particular society is, that lt is Intinded to Interfere with Jhe right of'suffrage, and no man can remain-a tenant who does not vote ss his landlord re? quests, and no man will be employed as a form hand who is not willing to vote ss bis employer votes. I do not ihlnk the right ot suffrage ought to be interfered with. Bat are these people the only ones who are charged with this fact, If it be true, who are acting I upup that theory of not receiving or employ log a mau who does not vote as they vote? How long, may lt piesse your honors, do {ou think any officer of the United States. Igh or low, would be permitted ito enjoy bis office were he knows to voteagalbst the party In power. The moment lt should become known to the President the ordrr would at once be given, ''Off with his heed." Do you mean to Indict that particular sovereignty, that party of which you are honored mern-1 hers ? Does not South Carolina In her present, government act a good deal upon that theory ? Has lt not been common to all parties? Whether wise of unwise, patriotic or other wise, as long as men are men and cannot j raise themselves above the low level of party objects, the elevation of patriots, looking to the good of their country as the end to be" ac? complished, and not the distribution of patron- ' age, so long will lt be that there will be, in some way or other, or Jn tome mode or other, an assumed right to interfere with the right of suffrage. The Great Architect of the universe, by His wisdom and power, .has so ordered that the planets that flit the heavens shall - revolve In their prescribed spheres. He guards, by the laws which He has impressed upon their na? ture,, against the danger of collision, which would hurl them all Into chaos and rulu. May lt please your honor, may our political planets be suffered also to revolve in their respective orbits, and may God in his mercy so guide and instruct them as not to subject them also to the peril of a collision, which may Involve ail in rulu, disappoint the hopes of the world, whom luv um ends of those who fought through the revolu? tionary struggle, and by their blood and bra? very exhibited their devotion to liberty. Let Him lu his mercy teach us to guard against such dangerous and perilous collisions and en? able us to go on in our respective orbits, dis? tributing hspplness and prosperity to all, ex? citing the admiration ot the world, and serve as a beacon to guide and Instruct the world in the best mode of preserving human liberty. At the conclusion of Hr. Johnson's speech, the district attorney introduced another fox gotten roi ut. which led to an Informal debate I between Messrs. S tanberry and Corbie; at the conclusion of which the court was adjourned until eleven o'clock to-morrow morning, at which lime lt ls expected that the opinion of the courtwill be rendered. PICKET. NEWS TROX WASHINGTON. WASHINGTON, December 7. The House was engaged In postal affairs. The Senate was discussing whether a witness who placed the Ku-Klux committee In con- J tempt shall be arrested by concurrent resolu? tion or by action ot the Senate alone. The Secretary of the Treasury issues notice that on and after the 7th ot March, 1872, the principal and accrued Interest on the five twenties, coupon and registered, known as the second series, act February 25,1862, will be paid at the Treasury Department. The amount of tbe bonds ls twenty mil lions. Frederick A. Marden, chief of the division of accounts In the treasurer's office, WM ar? rested by the gove rm ent. His accounts were twelve thousand dollars short. - Marden ls a Massachusetts man. The Senate committees show no changes In chairmanships. Alcorn succeeds Spencer on the Mississippi levees committee. The other changes are unimportant. Both houses adjourned to Monday. The proceedings were unimportant. There Is another defalcation in Treasurer Spinner's office. Seth Johnson, paying inter? est teller, ls short fifty thousand dollars He had been speculating, and ls a New York man. ALL ABOUT THE STATE. -The residence of Dr. T. J. DuBoae, of Sumter, was accidentally burned down on Friday. -A warrant has been Issued for the arrest ol John B. Friersou and Frederick Edwards, Implicated, with Taylor Wilson, In killing Thomas Keith, near Statesburg. THE WEATHER THIS DAT. WASHINGTON. December 7. A rising barometer, with clearing weather and fresh westerly winds, ls probable for Fri? day on Lakes Superior and Michigan. South? west wind, with partially cloudy and pleasant weather, will continue In the South Atlantic States. Yesterday'* Weather Report? of the Signal Service, U, 8. A.-4.47 P. M., Ijocavl Time. Place of Observation. A ?gusta, Ga... Baltimore. Huston. Charleston. Ontcago......... Cincinnati... Galveston. Key West, Fia.. Knoxville, Tenn. Memptits. Tenn. Mt. washington. New Orleans.... New York. Norfolk. Philadelphia. Portland, Me.... Savannah ...... St. Loma. Washington^ C. Wiiminston.N 0. 30.14 20.81 29.69 30.12] 29.87 20.00 30.13 80.23 80.< S 30.06; 29.40 30.16 29.78 29. tO 29.81 29.65 30.16 30.00 29.70 30.06 61 47 38 69 31 63 68 es 55 5S 4 65 38 50 44 31 SW 82 W 66SW 49 SE 56 ?W W SE W SW w sw s NB SW w sw 3 w w Light. uentle. Fr sh. Gentle. Brisk. Gentle, Gentle. ..'resh. Fresh. Gentle. Freeh. Fresh. Gentle. Qentie. Gentle. Fresh. Gentle. Gentle. Gentle. Fresh. Clear. Smoky. Tnr'ng. Olear. Fair. Fair. Cloudy. Clear. Clear. Clear. Uloudv. Fair. Kair. Hazy. Clear. Fair. Clear. Fair. Hazy. ?Clear. NOTS.-The weatuer ranon dated 7.47 o'clock:, this morning, will be posted in the rooms ol the Chamber of Commerce at io. o'clock A. M., and, together with the weather chart, may (by the courtesy or the Chamber) be examined by ship? masters at any time daring the day. OUR l??VELY LAWGIVERS. FILIBUSTERING BT DAT AND CHAM? PAGNE SUPPERS AT EIGHT. Squabbling Over the Sterling Bondg Vew 5chemei for Uniting the Wind Bowen Threaten? Parker with Im? peachment To-day. [3PICTAI TELEGRAM TO THE NEWS.J COLUMBIA, Thursday, December 7. In the Senate to-day Whit ie m ore Introduced a bill to abolish the office of financial agent of the State. Whlttemore's bili '-to protect the State In the future management of its bonds and stocks" was referred to the finance com-, mlttee. The bill to abolish the salaries and re? duce the fees of the solicitors of the Circuit Cou NB, and the bill to alter the law on the subject ot fences, were referred to the com? mittee on the judiciary. The joint resolution authorizing the attorney-general to secure possession of the sterling fonded debt bonds and place them In the custody of the secretary of State, and the bill, for the repeal of the sterling funding act, were taken up, but their opponents resorted to filibustering, and after lour hours' trifling the Senate adjourned. In the House, the bill to amend an act for the assessment and taxation of property was defeated after a long debate. Wilkes then made a speech attacking the Governor's mes? sage. There was a large caucus and champagne sapper at Governor Scott's last night. A pian for getting the sterling bonds issued, and a plan of another general, fund ID g bili, are said to have been adopted. 1 A scheme ls en foot in the House to get the bills of the Bank of the State deposited In the Carolina National Bank, and then attach them to provide for the expenses of the Legisla? ture. Bowen threatens io-night that he will move to impeach State Treasurer Parker to morrow. PlCIKT. THE WORK OE THE LEGISLATURE What waa D ine on Wednesday. COLUMBIA, 8. C., December 6. Both houses of the Legislature to-day devo? ted themselves with reasonable industry to the real business of the session, and, consid? ering tbe nature and habits of the respective menageries, manifested a remarkable degree of self-denial In abstaining from their accus? tomed but excruciating oratory. In the Sen? ate, in addition to the wholeeale clearance of the calendar already reported by telegraph? the following items comprised the main busi? ness of the day : Mr. Corbin submitted the report of the codi? fying commission and the volume of revised statutes produced by them, which makes a handsomely printed book of over eight hun? dred pages. The report says : In submitting this final report, the com? mission desire to state, as a matter of record, that, during the period lnterveoiog between March 9,1869, and the fourth Tuesday cf No? vember, 1869, they were employed In prepar? ing a Code of Procedure, which they submit? ted to the General Assembly at the regular session in 1869; that, Bl nee that time, between the sessions ol the General Assembly, they have been engaged upon the work which ls now submitted. We desire to call the attention oi the Legis? lature to the fact that section 3 of article V of the constitution provides lor the adoption of a i cuni tjuue," OTU uro wmniajiuu liote TBS felt themselves authorized to enter upon that work under the statute above quoted. The preparation of a Penal Code was clearly not contemplated by the Legislature in this act. We have, consequently, only revised, simpli? fied, digested, arranged and consolidated, un? der appropriate heads, all the statutes of the State, general and permanent In their nature, in the doing of which we have comprehended all the criminal as well as civil law of the State; and. it will be seen that it appears throughout the volume. A Penal Code can be prepared now, very much more easily than before this compilation was made, and the Legislature will doubtless direct that ic be done, if, in its wisdom, it shall deem ad? visable. Mr. Corbin also took occasion to reply in very vigorous language to the attack on the codifying commission In the Governor's mes? sage. Mr. Smalls Introduced quite an important bill In relation to fences, which so amends the ex? isting laws upon the subject as to provide that fences shall not be required around cultivated land, and that animals found astray OL. such ?and shall be seized by the owners of the lat? ter and held until all damages shall be paid by their owners. Other bills were introduced as follows: A bill to abolish salaries of the solicitors ot the circuit courts ot the State, and to reduce the fees of the same, the provisions of which are J that the present salaries of those officers shall be abolished, and their fees established at seven dollars for each indictment found by the grand Juries: By Mr. Whlttemore, a bill which provides that the secretary of State shall be the custo? dian of ali blank bonds and securities of the Sute, the treasurer to make requisition there? for whenever their issue is required; that bonds hereafter must be signed by the Gov? ernor, the secretary of State and comptrol? ler-general before they can be issued, and the coupons signed by the treasurer Immediately upon their sale, which sales shall be regularly reported to ihe comptroller-general; that ail hypothecation of bonds, and all conversions, must also be reported to the comptroller-gen? eral, who shall keep a record ot the same: that the treasurer shall promptly cancel all converted bond), and deliver them to the comptroller-general; that, in cases of appro? priations, the bonds issued shall In no in? stance exceed in either number or amount the limit fixed by the appropriation, and that the amounts hereafter fixed in appropriations shall be considered to be the amounts In bonds and not in money. By Mr. Allen, ihe following preamble and Joint resolution : Whereas. The Supreme Court of the -State of South Carolina have decided that the fire loan bondholders and the beholders of the Bank of the State ot South Carolina were cred? itors, and as such creditors, were entitled to share pro rata in the proceeds ol the assets of said bank, and in ca?.e the assets' should not bring sufficient to pay said bondholders and bi! molders in full, that then the State of South Carolina should be liable for any deficiency. Tnerelore. be lt Resolved by the Senate and House of Re? presentatives, DOW met and sitting in Gen? eral Assembly, and by the authority of the same. That In case the proceeds of the assets ol the Bank of the State shall be Insufficient to pay the par value ot tbe fire loan bonds, as well as the par value of all the billa of the Bank of the State, then, and in such ca?e the county treasurers of the several counties of this State be, and are hereby required to re? ceive said bills In payment for taxes due and to become due to the State of South Carolina. The Usance committee reported as a sub? stitute for Mr. Owens's bill to regulate deposits, a bill amending the act of August 22, 1868, by striking out the words "Governor, comptrol? ler and treasurer," and inserting instead the words "General Assembly" (the effect being to abolish the financial board and invest the Legislature with its powers and duties) by re? quiring weekly reports to the Legislature of a.I public moneys deposited in bank, and by making public funds subject only to drafts, naming on their face the purpose for which drawn, and the appropriation from which the money ls to be taken. The finance committee also reported favor? ably on the joint resolutions to require the treasurer to prepare and submit within five days an exhibit of all bonds, stock and securi? ties now on hand, and to secure possession of the bonds printed for the sterling fund loan, and deposit them In the bands of tie secreta- ! ry of State. Ianthe House of Representatives three sep? arate reports were presented from Bowleg's pap committee ot thirty-one, the majority re? port providing tor a list of seventy-six clerks ' and other subordinate attaches of the House, and the minority reports recommending; twenty-seven and thirty-five respectively. After a spirited little debate Ute committee was finally discharged without action by the House on any of Us reports, and the whole matter of appointments referred back to the speaker and left in his hands as usual. Thus another legislative mountain labored and j brought forth a mouse. Among the notices of bills to be introduced were bills to regulate passenger fare on rall-1 roads; to provide for the registration of all] State securities and forbid the payment of In? terests on unregistered bonds; to Incorporate the Charleston Loan Association; to repeal the charter of the Ghat leaton Charitable As? sociation for the Benefit of the Free School Fund; to repeal the act authorizing the con? solidation of the .Greenville and Columbia and Blue Bldge Railroads; to provide for the funding of all the State indebtedness into one class of securities, and, last but by no means least, notice was given by Mr. Bowen, as pre-1 dieted in this correspondence, ot the Intro? duction of the metropolitan police bill. The principal bills introduced were the two following : Bill to create a new county from portions ot Marlon, Darlington, Williamsburg and Clarendon Counties and a bill to charter the Charleston, Georgetown and Conwayboro' Railroad Company, with Charles B. Stuart, H. M. Drane, E. B. Wlggln, S. P. Vick, W. A. Greenlea!, W. H. McDowell, John Douglas?, W. F. Johnson and J. Baxter as Incorporators. The directors ol the Blue Bldge Railroad Company held a meeting tble evening, and examined and approved (he accounts of the retiring board ot officers. Another meeting will be held to-morrow. PICKET. NEW YORK ITEMS. NEW YORK, December 7. The directors of the Union Club expelled Mayor Hall for alleged connection with the Ring frauds. ii The Tribune says the grand Jury will Indict one high State official and a large number of eily officials for bribery and corruption. The meeting of Tammany Sachems for the alleged purpose of expelling Tweed had no quorum. YELLOW JACK KILLED IN NEW OR? LEANS. Nsw ORLEANS, December 7. The yellow fever deaths for the season were twenty-three. The first death occurred Au? gust 4th, and the last December 4th. There was a heavy frost this week, which extermi? nated the fever. THE OLD WORLD'S NEWS. r _ PARIS , December 7. The appointment of JuleB Ferry as Minister j to Washington is officially announced. The Figaro says that orders were sent to Cherbourg and Brest to prepare vessels to cruise about the coast of France to prevent | another return from Elbs. A message from Thiers announces that he has notified Great Britain of the intention to abrogate the treaty of commerce at a stlpu lated time, bat will continue negotiations for a readjustment. LONDON", December 7. There were Republican meetings at Bir? mingham and Reading which were disorderly. The Reading meeting broke up lu a row. The Prince of Wales ls sreaxr.y Improving. 'Slr JamesN Yorke Scarlett, lieutenant-gen-1 eral In the British army, ls dead; age seven? ty-two. IHiUiiurB,. flftegfttaking, $ft. ^JBS. M. J. COTCHETT, BRANCH OF MME. DEMOREST, t No. 277 KINO STKKST. OPPOSITE MESSES. CARRING? TON A 00. DRESS MAKING in all ns uraneaos, r AT TERNS always on hand lor aale. Stitching neaCy executed. AU orders promptly attended to. novSs-ftnlmo Railroads. gODTH GASOLINA KAILS L'A CHARLESTON, 8. C., Jane ?VWI. On and after SUNDAY, Jone li, tbs Fassen gar Trains os the South cs roana Railroad WC' run as louewa: EOS A US IOTA. L ?ave Charleston.AJO A. M. Arrive at Augusta.-.... IS P. M. VOS COLUMBIA. Lure Charleston..;.cao A. M. Arrive at Colombia.-... 8.40 r*M. BOB CTT IB T,BETON. ?. ?ve Augusta.7.40 A. M Arrive at Charleston.. 8.20 p. x L ?ve Columbia.7.40 A. V Arrrlve st Charleston.ZS? T. st THROUGH WILMINGTON THAIN. Leave Augubta.8.00 A. M Arrive at langville.fi.06 A. M Leave Ringville.uV. L4SF.M Arrive at Angosta. T.UP. H. AC0?8TA NIGHT "Tt (sundays excepted.) L ?ve Charleston..".?JO P. ? Arrive at Augusta.7.01 A 4L L ?ave Augusta.6.00 p. M. Arrive St Charleston.6.40 A.M. COLUMBIA NIOHT BXTBSSf. ' (T (Sundays excepted.) JL Leave Charleston..-.T.10 p. n. Arrive at Colombia.6.00 A.M. Dave eolumbis.~. 7.60 p. H. Arrive at Charleston.6.44 A. M. BOionravrijJ TEAIN. Loavo Charleston.2.44 P.M. Arrive at Sommerville..4.10 P. M. Liavo Sn m nervine.7.00 A. M. Arrive at Charleston.8.16 A. M. CAMDEN BRANCH. L?aTO camden.. ? *. aw A. M. Arrive at Columbia. *.10.40 A. M Leave Colombia.m.1.26 P. M Arrive at Camden.."._.9.00 P. M Day and Night Trams make close connection* a- Augusta with Georgia Railroad and Centra Railroad. Night Tram connecta with Macon and August* Railroad. Columbia Night Train connects with Greenville a od Columbia Railroad. Camden Tram connects at Ringville dally (ex? cept Sundays) with Day Passenger Tram, and rana through to Colombia and returns on Mon? days, Wednesdays and Saturdays. A. L. TYLER, V ice -President. S. B. PIOKEWB. O. T. A_IsnlS OFFICE OF THE SAVANNAH AND CHARLESTON RAILROAD. CHARLESTON, S. 0., November 22,1871. On sad after WEDNESDAY. November 22, the Passenger Trama on this Road will ran as follows: EXPRESS TRAIN. Leave Charleston dally. 8.26 P. M. Arrive at Savannah dally. 9.14 P. M. Leave savannah daily.11.16 P. M. Arr ive at Charleston daily...S.S? A. M. DAT THAIN. Leave Charleston, Sondayaexcepted.. A30 A. M. Arrive at Savannah, Sundays excepted. 6.00 P.M. Leave Savannah, Sundays excepted... 8.00 A. M. Arrive at Charleston, Sundays exe"ted. 6.00 P. M Freight forwarded daily on through bills of lad? ing to pointa In Florida and by Savannah Une of steamships to Boston. Prompt dispatch given te freights for Beaufort and points OL Port Royal Railroad and a. as low rates as by any other une. 0. S. GADSDEN, Engineer and Superintendent. S. 0. BOYLSTON, Gen'i Ft. and Ticket Agent. U0V23 VrORTHEASTEBN RAILROAD OOM il PANT. CHARLESTON, s. o., February ll, 1871. Trains will leave Charleston Dally at 6:80 A. M. ?nd 6 P. M. Arrive at Charleston 7:30 A. M. (Mondays ex opted) and 2:30 P. BL Train does not leave Charleston 0 P. M., Sc* .ATS. Train leaving 6:30 A. M. makes through connec ien to New Yurt via Richmond and Aosuta Ureek only, going through lu 40 hoars. Passengers leaving by 6 P. M. Train havi choice of route, via Bichmond and Washington jr via Portsmouth and Baltimore. Those lea? int FRIDAY by this Train lay over on SUNDAY in Bal amore. Those leaving on SATURDAY remain Sos AY m Wilmington, N. a. This is the cheapest, quickest and most p lessan . oat? to Cincinnati, Chicago and other point? Weat and Northwest, both Trains mating coo sections at Washington with Western train of Baltimore and <) hi o Railroad. 8. 8. SOLOMONS, *Tflnttr sad Superintendent p. L. GUAPOS, General Ticket Agsnt. febu-umog ImmigrattjTtt ftseonarum. JJ O N'T L B T T H fi GOLDEN OPPORTUNITY SLIP! ,_??. * POSITIVE DE1WD?0, JAK. 8, 1878, TH-K SOUTH CAROLUA LAITD ASD QOCiORATION GIRT COS?KHTS WW take place . . " " ^?'?V ??'Viff-^r .'Sci WITHOUT FAIL On the dayansclated. ? 8EC?EE YOUK TICKETS AT ONCE ! ' ir AH Orders Strictly OonfideaHsL -f* " Jt 3405 Gifts, amounting; to.?500,000 The chancea are unusually good-one ticket in every sixty-two ls sore to draw a pirra. Orten for Ciekett received ap to tne tun of Jan? uary , after which time sd moren,-teta ?tu be sold. SINGLE TICKETS f5 EACH. NO POSTPONEMENT ! ?? i . v - CojofisaiOHirsa AND SUPXBVUORS OF DEX wnw: - - - ... Oeneral A. R. WAIGHT, of Georgia. . General BRADLEY T. JOHNSON, of Virgin la. Colonel B. H. RUTLEDGE, of Sooth Carolina. Hon. ROGER A. PRYOR, of Sew York. Great inducement sad reduction in price of Tickets to Clans. Remittances can be made to us, and tho tickets wlU be sent by return mall by BUTXEB, Wil, J&AjftI;*.JCd., Charleston, s..c or oar Agents. General M. o. DoTLiB. . Jons CHADWICK. oeneral li. W. GABT. Tickets can be procured ot E. SE BR iii G A co.. and J. L. MOSES, Oeneral AgSBr^'Ife. ti Rrssd 9a?oring. VBW FASHIONS. *r - ?' - ? ..-VP' MENE? & MULLER, MERCHANT TAUX>RS, NO. 32S KINO 8TREET, Invite attention to their Urge add'splendid STOCK OF CLOTH, ? LOTHIH G, FURNISHING GOODS, &C. READY-MADE SUITS for all ages, from the smallest boy to the largest man. Dress sad Bowness Suits or all descriptions. Elegant Overcoats, Pea Jackets, Derby and Plain Sack Suits, Fine English Walkin* Coats and suits of all calora, Sintis and D?nJHe Masted Black Frock Coats, Black Deeann ana Fancy Oas .timara Drats FM nts. Velvets, siika, cloth, .Caarr Beaver and Casatmers Tests, manufactured under oar own observation, wa sro tasrsfors ?mn ot m gooa nt mad darable work. ora / * DBPARTMRHT Is sa spiled With the fluent selection of BROAD? CLOTHS, Doeskins. Castor Beavers, Chinchilla Diagonals, Heimos, and all styles of Ostaliitiaas ror Bolines Snits. Velvets, SUu, Flush and Cash? mere Vestings. And a variety of handsome Pan? taloon Patterns, which wo make np to order hy measure at th? shortest notice, and guarantee Ant class and proper workmanship. . - FURNISHING GOODS. .. This Department ta aappUed with tho celebrated STAB, SHIRTS, Imported and Domestic ??vino Shaker Flannel, A il-Wool Underwear Goods, Hali Hose, Ss modera. Handkerchiefs, Linen and Paper Cud/ and collars, Imperial, Alexander and Oourvo??er'i Kid Gloves And s lott assortment of Buckskin, DogaktiuBeaver and Case. Gloves. And a very large assortment of Silk, Alpaca and Scotch Gins ham Water-Froof [140] Umbrellas. Oar Stock has been selected with the greatest oars, and price, marted very low m plain figure*. Oar motto ls quick sales and small profita, fair - dealings. Gooda may be returned If not satisfac? tory. Boyen la- our Sue will find lt to their ad? vantage to give na a eau. octio-smos -yiSITOBS TO CH ABLEST ON SHOULD BE SURE TO STOP AT THE MILLS HOUSE - Z .?ft?, ; DURING THEIR STAT Hf THE CITY. This elegantly i.ppointed HOUSE, which was temporarily closed daring the prevalence of the fever, has now been reopened after having un? dergone many important Improvements with a View to the increase l comfort of the guests. Mr. D. c. BURNETT, Proprietor of the Ottsws House, Montreal, Canada, win, In connection with Mr. PARKER, oondoot the MILLS HOUSE In a style second to that of no Hotel m the country. novinmo _. XTON HOUSE, BEAUFORT, S. 0. S A This House, situated on Bay. street, commands a fine view of BEAUFORT RIVER, and many of the Sea Ulanda. The travelling public will find here a desirable and CONVENIENT HOME, and the Invalid win find no better or more health? ful climate on the SOUTHERN COAST o spend the winter. The House ts within Ive min otes' walk of Steamboat, sod fifteen minut?e walk of Railroad communication. A good . LIVERY STABLE has jost been added to the House. Western Union Telegraph Office on first floor. . M. M. KING MAN, novas_? _Proprietor. J71LEGTR0 MA?NETIG BATTKBIES? ~~ MEDICINE CHESTS, PHYSICIANS' SADDLE BAGS, Ac _ For sale by . Dm. H. RAER, mario NaWMeetlng street.