The daily phoenix. (Columbia, S.C.) 1865-1878, November 08, 1865, Image 2
COLUMBIA.
Wednesday Morning, Nov. 8,1865.
Th? Next Congre*?.
XYvUi ?ho tuiie ai ibu radical papers at
tho North, and from the strenuous efforts
now being made by the conservative press
in the same section to sustain thc Presi?
dent's restoration policy, it is evident that
there will bc a strong opposition to the ad?
mission of thc members of Congress elect
.from thc Southern States. The following i
is an Act of Congress, approved 3d March, j
1863: !
lie il enacted by the Senate and House of i
Representatives of the Untied Stales of A nu - \
rica, in Congress assembled. That before tho
first meeting of tho next Congress, and of
?every subsequent Congress, thc clerk of the
sext preceding House of Representatives
-shall make a roll of the representatives
elect, and place thereon the names of all
persons, and of such persons only, whose
credentials show that they were regularly
elected in accordance with the laws of then
States respectively, or the laws of tho
United States.
Notwithstanding this plain and peremp?
tory law, thc clerk of the former House
bas avowed his determination to shut the
door of Congress on tho representatives
from the Southern States.
The New York Tribune publishes extracts
from this model and modest Clerk. Herc
?s one:
"But tho law of the case is plain. It
provides-in a resolution bunglingly word?
ed, but prepared and passed with direct
reference to such a contingency as an ef?
fort, by a tricky Clerk, to flood the House
with illegitimate members-that the Clerk
?ball make a roll, and place thereon the
names of all persons, and of such persons
only, whose credentials show that thev
were regularly elected in accordance with
thc laws of their States respectively, or the
laws of the United States."
[Statutes at Large, Vol. XII, p- 804.
"On this it is clear:
^'First-That no 'law of the United
States' authorizes thc election of represen?
tatives in any of thc insurrectionary States.
"Second-That no 'law of any of tho
States' authorizes an election held at the
call of a 'Provisional Governor,' and from
which largo numbers of legally recognized
voters (unsworn rebels) are excluded.
"How, then, can any names be placed
on the roll as from those States?"
We agree with the New York World,
that if, "before the first meeting of tho
next Congress," the President declares the
States which have been in rebellion, or any
one of them, to be re-organized, officially
proclaims the election of St ate officers, and
designates who those officers are, then, if
members elect from those States present
credentials showing that they have been
"regularly elected in accordance with the
laws of their States respectively," we cannot
see how the Clerk is to refuse to place their
names upon his roll.
The suggestion of Mr. McPherson, (adopt?
ed and endorsed by thc Tribune,) that "no
law of any of the States authorizes an elec?
tion held at the call of a Provisional Go?
vernor, and from which large numbers of
legally recognized voters (unsworn rebels)
are excluded," is startling, lt goes to thc
extent of asserting that Tennessee, for in?
stance, is not and cannot be a State in the
Union under Mr. Lincoln's and Mr. John?
son's plan, because the initial point of re?
construction is in the act of a Provisional
Governor. If such is to be the accepted the?
ory of the dominant party in Congress, it
puts an end to all hopo of making, under Mr.
Johnson's plan, the Southern States to bo
States in thc Union, co-equal with the loyal
States, because ali of these States had a
basis of re-organization in thc call ol' a
Provisional Governor.
Much will depend on the result of the
election held yesterday in New York. 1^
the Republican party has prevailed, there
?3 little question that its leaders will then
instantly turn all their bitterness upon Mr.
Johnson's plan of restoration, and demand
that the Southern States shall be excluded
Irom representation in Congress. Every?
thing in thc political atmosphere gives in?
dication of this; the continued existence
of the Republican organization demands it.
Such is the position of affairs just now,
AS wo find it stated by many of our North?
ern exchanges. On the other hand, we
publish the subjoined extract from thc
Washington correspondence ol' the Chicago
Times. As a general thing, this corres?
pondent is unusually accurate in his state?
ments, and hence wc reproduce a portion
of his remarks upon a very interesting
subjoct-one that concerns thc Southern
people vitally. Speaking of the admission
.of Southern members of Congress to their
seats, he says:
"lt is true that questions relating lo the
admission of Southern members of Con?
er >s arc discussed with absorbing interest
by the Sootlii-iii people in Washington. I
am aware that tho impression prevails
elsewhere -perhaps in the West - that the
ejected Southern members must comply
with certain terms or conditions, more or
less degrading, before they can be admit?
ted. This, I believe, M a mistake. It is
possible, perhaps even probable-, that
the oath of 1862 will be required. But
that will lie all. Indeed, from what I can
learn, there will be much Uss opposition io
the admission of the Southern members
than has been generally supposed. It has
been feared, and with pome reason, that
the radical faction, lcd by Sumner and
Stevens, would be powerful enough to ex?
clude all the Southern members, or as
many as they chose. But I am confident
that such is "not the cass. The entire in?
fluence of the President will bc exerted in
favor of thc free admission, at tho opening,
of all the members who have boen logally
elected; and your readers may bc assured
that this influence will be found to be mnch
siorc -ctcnt than th?i ~f ihn radicals.
When ?he decisive day comes, many upon
wkose . otes the radicals now count will bc
found ranged on the side of the President."
We are inclined to believe that the views
outlined above are well founded. When
the decisive day arrives, tho radicals will
hesitate, and finally recoil from tho adop?
tion of revolutionary measures.
Again, it is stated that a movement is on
foot at Washington to admit Southern
members of Congress to their scats, whe?
ther they can take thc test oath or not,
and it is said the following Senators arc in
favor of tho measure :
Messrs. Conness, of California ; Fesscn
den, of Maine; Crepwoll, of Maryland;
Henderson and Brown, of Missouri ; Mor?
gan and Harris, of New York ; Sherman,
of Ohio ; Cowan, of Pennsylvania ; Colla
mer. of Vermont; Willey and Van Winkle, :
of West Virginia; Doolittle, of Wisconsin;
Patterson, of Tennessee, and Logan, of
Virginia.
We must still hope and believe that there
will bo sufficient conservativo members in
both Houses of the next Congress to baffle
the schemes of the radicals, and aid tho
Administration in carrying out its restora?
tion policy.
Thc District Court*.
As thc organization of these now Courts
i is a snbject of great importance, we copy
from the Charleston N'eues, an interesting
and suggestive article in relation thereto, j
which we commend to tho attention of tho I
Legislature.
Legislature South Carolina.
Monday, November 6, 1S65.
SENATE.
Tho Senate met at 12 m. The Clerk
read journal of proceedings of yesterday.
Messrs. Thomson, Davant and Skipper
presented reports of committees.
Mr. J. H. Williams offered a resolution,
which was agreed to, that it be referred to
a special committee to inquire and report
what officers, if any, may be dispensed
with, what salaries, fees and perquisites
should bc reduced, and what changes and
retrenchments it may be advisable to make
under the changed condition of our affairs,
with leave to report by bill, or otherwise.
Mr. Arthur introduced a bill to repeal
the Act of the General Assembly, entitled
"'An Act for the relief of debtors, and lo
prevent the sacrifice of property al public
sales," ratified the 21st day of "December.
1861, and to provide for the collection of
debts in judgment by instalments; which
received the first reading, was referred to
the Committee on the Judiciary, and was
ordered to bo printed.
Messrs. Tracy, Townsend and Thomson
I submitted reports of committees; which
I were ordered "for consideration to-morrow.
HOUSE OF REPRESENTATIVES.
I The Clerk caUed tho roll, tho Speaker
took the Chair, and thc proceedings were
opened with prayer by Rev. Dr. Cunning?
ham.
Tho S?mate sont to this House resolution
in relation to th?; order of business of the
General Assembly during the extra session,
which was ordered for consideration to?
morrow.
Mir. Clyburne introduced a resolution,
that it bo referred to the Committee of
Ways and Means to inquire and report ns
to the expediency of exempting all lands
and town lots devastated by the public
enemy from all, ora portion, of the State
taxes, during tho next fiscal year.
A bill preliminary to the legislation in?
duced by the emancipation of slaves, from
the Judiciary Committee, was read.
Mr. Dawkins, from the Judiciary Com?
mittee, made a report on a resolution as to
owners of land permitting persons of color
settling thereon.
Messrs. Richardson, jr., and Price, sub?
mitted reports of committees.
Mr. Hatson introduced a resolution,
which was agreed to, and was ordered to
he sent to the Senate for concurrence, that
it be referred to tho select joint committee
( on the petition from the citizens of St.
i Helena, to inquire and report whether any
I measure can bc devisodby which thc Gene
i ral Assembly can procure tho remission of
I the 10 per cent, per annum, incurred hy
i owners of lands in St. Philip's and St*.
Michael's, St. Johns* Colleton, Prince Wil
! liam's, and St. Luke's, for neglecting a
j notice, of which very few of them could
; possibly have been informed, and that this
resolution bc sent to tho Senate for con?
currence.
Mr. Landrnm introduced a resolution,
which was agreed to, that the Committee
; of Ways and Moans bo instructed to inquire
j into and report on tho best manner of pay?
ing the tax on land levied on thc people of
this State by tho United States Govern?
ment.
Mr. W. E. Mikel! introduced a resolution,
which was agreed to, that whereas manv of
the banks of this State are unable to meet
their circulation, and that under their
j charters the stockholders aro liable to
j double the amount of their stock, that it
? be referred to the Judiciary Committee to
? inquir?! whether said liability mav not ho
I viewed in tho light of a penalty to check
I excessive circulation or reckless banking,
, rather than a contract with the note
; bidders, and if so, that thc Committee bc
! instructed to report by bill or otherwise,
! such relief as may bo necessary in cousidcr
I at ion of tho extraordinary circumstances
I that have rendered their inability to meet
their notes.
The Speaker announced tho following
named gentlemen as the additional stand
ing committee of thc House, to be called
the Committee on Retrenchment: Messrs.
Campbell, Aiken, Black, Hearst, Lord, jr.,
Hagood, Sparkman, Covington, Duncan.
Adjourned.
-.-???->
The lot, 100 by 200 feet, corner Fourth
Avenue and Twenty-third street, New York,
purchased for the new Italian Opera House,
cost $144,000.
BlesM&ge of Governor Perry.
EXECUTIVE DEPARTMENT,
South Carolina, November 7, 1865.
To the Honorable the Senate and House of
JlepresentoJives.
GEHTEEKEN: I had tho honor pf receiv?
ing from the President of the United States,
thc following telegraphic despatch, on the
28th of October last:
"7b B. F. Perry, Provisional Governor:
"Your last two despatches have been re?
ceived and thc pardons suggested have
been ordered.
* T hope that your Legislature will have no
hesitation in adopting the amendment to thc ?
Constitution of the United States, abolish?
ing slavery. It will set an example, which
will, no doubt, be followed by thc other
Statos and place South Carolina in a most
favorable attitude before thc nation. I
trust in God that it will be done. Thc
nation and State will then bc left free and
untrammelled to take that course which
sound policv, wisdom and humanity may
suggest. ' "ANDREW JOHNSON,
"President U. S."
Three days afterwards I received thc fol?
lowing telegram from tho President, dated
WASHINGTON, October 31, 1865.
"7b B. F. Perry, Provisional Governor:
"Thero is a deep interest felt as to what
course the Legislature will take in regard
to tho adoption of the amendment to the
Constitution of the United States, abolish?
ing slavery, and the assumption of the
debt created to aid in thc rebellion against
the Government of the United States.
If thc action of thc Convention was in
good faith, why hesitate in making it a
part of the Constitution of the United
States? I trust in God that the restoration
of the Union will not be defeated, and all
that has, so far, been well done, thrown
away! I still have faith that all will come
out right yet. This opportunity ought to
be understood and appreciated by thc
people of thc Southern States. If ? know
my own heart, and every passion which
enters it, is to restore the blessings of the
Union and tie up and heal every bleeding
wound which has been caused by this frat?
ricidal war. Let us bo guided by love and
wisdom from on high, and union and peace
wUl once more reign throughout thc land.
" ANDREW JOHNSON."
To these telegraphic despatches, I re?
plied that the war debt of South Carolina
was very inconsiderable; that our whole
State debt, at this time, was only about
6,000,000: that this waa mostly incurred,
anterior to the war, in constructing rail
I roads and building a new State house, with
au old debt of long standing; that wo had
assumed no portion of the Confederate
debt and wore responsible in no way for it.
The expenditures which the State had in?
curred up to a certain period had all been
settled and refunded by the Confederate
States.
I stated that South Carolina had abolish?
ed slavery in good faith, and never intended
or wished to restore it; that thc Legisla?
ture was then considering a wise, just and
humane system of laws for the government
and protection of the freedmen, in all their
rights of person and property, and that
there was no objection to thc adoption of
the proposed amendment to th* Jfcdcral
Constitution, except au apprehension that
Congress might, under the second section
of that amendment, claim tho right to le?
gislate for the negro after slavery was
abolished. I likewise stated, that no official
notice had ever been received, by the Le?
gislature, of the proposed amendment to
the Constitution of the United States.
In reply to this despatch, 1 received, yes?
terday, the following telegram from thc
Secretary of State, dated
"WASHINGTON. November 6, 1865.
"To His Excellency B. F. Perry, Provi?
sional Governor of South Carolina:
"Your despatch to the President, of No?
vember -i, has been received. He is not
entirely satisfied with tho explanation it
contains. He deems necessary the passage
of adequate ordinances, declaing that
all insurrectionary proceedings in the State
unlawful and void ah initia.
"Neither the Constitution nor the laws
direct official information to tile States of
amendments to the Constitution submitted
by Congress. Notice of the amendment,
by Congress, abolishing slavery, was never?
theless sent by the Secretary of State, at
the time, to tho States which were then in
communication with this Government".
Formal notice wiil immediately bc given to
these States, which wore then in insurrec?
tion.
"The objection which you mention, to
last clause of the Constitutional amend?
ment, is reguardod as querulous and un?
reasonable, because that clause is really
restraining in its effects, instead of enlarg?
ing the power oi Congress.
"The Pr?sidant considera the acceptance
of the amendment, by South Carolina, as
indispensable to a restoration of her re?
lations with thc other States of the Union.
"WM. H. SEWARD."
This formal notice of thc proposed
amendment to the Constitution of the
United States has not yet been received.
When it is, I will communicate the same to
you. The amendment may be soon in the
Acts of the last Congress, and is in these
words:
"Neither slavery nor involuntary servi?
tude, except as a punishment for crime,
whereof the party shall have been duly
convicted, shall exist within the limits of
thc United States, or ai<y place subject to
their j urisdiction.
"SEC. 2. Congress shall have power to
enforce this article lo- appropriafe legisla?
tion."-Approved Feb. 1, 1865.
A few (lavs since, 1 addressed a commu?
nication to Mr. Seward, Secretary of Mate,
by mail, in which 1 repeated and enlarged
oil tho views previously expressed to tho
Presidenttin reference to thu objections
which were entertained in South Carolina
to the proposed Constitutional amend?
ment. I am happy to find that the Secre?
tary of St;it.: docs "not regard these objec?
tions as well founded, but considers thom
"querulous and unreasonable." It is true,
that a plain, honest construction of the
language of tho amendment would bc,
that slavery was abolished in tho United
States, and that Congress should simply
enforce it. When this was done, their legis?
lation would be i nded. They could not
attempt, under the authority gi vi n by this
amendment, to pass laws for the govern?
ment of the "freedmen," in then free
state. Tlc Attorney-General of the United
States and the President have both been
understood as concurring in this opinion.
It would, therefore, be well, in adopting
thc proposed amendment, to place on ru
cord tho construction which had been
giren to it bv tho Executive "Department !
of the Federal Government.
It is manifest, from tho earnest, eloquent ?
bnd patriotic terms in which the President ;
has urged the adoption of this amend- i
mont, that he regards, as he says, "all i
timi eoutn caranna has none-ana so well I
done-as thrown awav, unless the amend- i
ment is accepted by tho Legislatiure. Tho !,
Secretary of State is still more explicit in I
his language. He says "the President
considers the acceptance of thc amendment j
hy South Carolina as indispensable to a |
.restoration of her relations wijh the other
States of the Union." The reason why
this exaction is made of the Southern
States, after they have abolished slavery,
is that they might otherwise, at som?; future
day, change their Constitutions and restoro
slavery, in defiance of tho Federal Govern?
ment.
You, gentlemen, have, at this time, tho
destiny of tho State in your hands, and I
feel assured that you will act calmly and
dispassionately, with the view to the peace,
happiness and well-being of ??outh Ct-rwlii?a.
I addressed a communication to the
.Secretary of the Treastiry, at Washington,
a few days since, urging that, in case tho I
Legislature should assume the payment I
of that portion of the direct tax for which
South Carolina is liable,that the Federal
Government should receive her bonds for |
thc same, or suspend tho collection of the I
tax for the present year. I would advise '
thc immediate assumption, by thc State, of
her portion of the direct tax, which is
about $3G6,000. This will relievo tho people !
from the immediate payment of it to the 1
Federal Tax Collectors, and enable the
State to make some arrangements in refer?
ence to it with the Treasury Department or
Congress.
In mv communication to tho Secretary of
State, ? urged the propriety of withdrawing
tho colored troops from thc interior of tho j
State to the forts or sea-coast, and re- j
quested that white troops might, for the
present, be retained in Charleston, George?
town and Beaufort.
I have forwarded tho resolutions you
sent me thc other day, in reference to the
school house in Charleston, to Gt n. How?
ard, and asked that they should be restored
to thu proper authorities. I made the
same request in regard to the Militarv
Hall in Charleston. 13. F. PERKY. *
COMMERCIAL.
ATLANTA, November 2.-Tho cotton mar?
ket yesterday was quiet We hoard of but
a few transactions, at prices ranging from
36 to 42c. There was not much disposition
on the part of holders to sell, and buyers
were not eager, the day passing awav
quietly, with a market not at all animated.
The money market remains quiet. There
was some demand for gold and silver, and
we heard of a few transactions at the fol?
lowing figures: Gold-buying, 50; selling,
52. Silver-buying, 45; selling, 50. There
are no changes to note in bank bills, bnt a
fair demand for them continues.
AvorsTA, November 3.-Cotton in Au?
gusta is thus reported by the Chronicle.
The market is dull; buyers demand a con?
cession, which holders aro unwilling to
concede, and in consequence tho transac?
tions for the last three days of the week
wore limited. The scarcity of funds and
the low stage of tho rivet- also depresses
the marked. Stock on hand in warehouses,
as counted for us yesterday, is 24,788; out?
side, about 1,000; total, 25,788. Gold was
scarce and in good demand, buying at 52
and selling at 54; silver buying at 45; sell?
ing at 50. ^
WANTED TO PURCHASE,
FOR a reasonable amount, a BUILDING
LOT, situate on Main street, between
Lady and Blanding streets. Inquire at
this office. ??ov 8
TAKEN UP,
ON Sunday last, a large HORSE
MULE, which the owner will please
_.come forward, provo property and
take awav. J. T. TARRER.
Nov 8 ' 1
SALT!
1.000 ?S"SALT F"
THADDEUS STREET,
Nov 8 East Bay, Charleston.
LIVERPOOL SALT AND SAILS.
FOR sale bv HANAHAN k. WARLEY.
Nov 8 " 1
New Goods !
IH AVK just received a new assortment
of DRESS GOODS, DELAINES, BREAK
I FAST SHAWLS, BALMORAL SKIRTS, Ac.
ALSO.
! 50 bbls. FLOUR.
3 tierces HAMS and a variety of other
' articles; all of which will be sold" at CON
I SIDERABLY REDUCED RATES.
! Nov 8 ;\_JAS, (i. GIBBES.
WA NTED,
Stocks! Bonds!
i
SAVANNAH CITY BONDS.
Memphis and Charleston Railroad.
Trader s Bank, Richmond, Va.
! Virginia Central Railroad,
j All kinds of Coupons and Bonds pur?
chased. Apply to F. H. LAFON, who can
be found at Jacob Levin's Auction and
Commission Store, or at_Mrs. .Fas. Rawls',
! cerner t'anulen and Marion streets,
i Nov 8 _ 4
I South Carolina-Richland District.
IJURSUANT to resolutions of tho Gene?
ral Assembly,an ELECTION will ho
I held in this District, on WEDNESDAY, 22d
: instant, for ono REPRESENTATIVE in the
Congress of tho United States. Polls will
bo opened at tho different election pre?
cincts, and the election conducted hi all
respects as for members of the General
Assembly. J. C. .TANN EY,
I Nov 8 Chairman Board of Managers.
Local Items.
OYSTERS.-Wc arc indebted to the res
uarant of Messrs. Bcraghi & Wilson, on
Rekens Street, for a mens of line Charles
on oysters. Tuc .IIAJVU esi&oUatiineiii. is
dmndantly supplied with oysters, game,
cc. ' ~~ _
COMMANDANT OF THE POST.-We under
tand that Lieut. Col. N. Haughton, the
briner efficient Commandant of this Post,
ias returned to the city to resume the
lutics of that position.
HANDSOME PERIDICAL. -We aro indebted
o Messrs. Townsend & North, for a copy
if a new and elegantly printed periodical,
mtitlcd the Musical Host, published by
b W. Fortune, New York. Besides a
quantity of literary matter, each number
:ontans several pieces of new music.
Published at $5 per annum. Wo haye also
received from Messrs. T. A N. Grier's
Southern Almanac for 18(16.
COMMENDABLE.-We understand that a
family of several ladies residing in this
sity, have been supported for some months
jv their servants, formerly their slaves .
rho ladies were formerly wealthy, but lost
everything by the war, and now these
servants take this commendable way of
showing their affection and veneration for
their late owners. It io stated that these
ladies never knew what they were to have
on thoir table, but that through the care
and attention of these servants they have
never suffered.
NEW ADVERTISEMENTS.-Attention is call?
ed to the following advertisements, which
are published for the lirst time this morn?
ing:
J. T. Tarrer- Mule Taken Up.
M. Wins tock-New Goods.
Thaddeus Street-Salt.
James G. Cribbes-New Goods.
" " -Furniture. Ac.
Hanahan & Warley-Salt and Nails.
H. N. McGowan, with Calnan ?V Kreuder.
F. H. Lafon-Stocks and Bonds Wanted.
Calnan & Kreuder-New York Apples.
" " -Irish Potatoes.
" " -Lemons.
" " -Groceries, Liquors.
'* " -Onions.
" " -Goshen Butter.
" " -Goshen Cheese.
J. C. Janncy-Election Notice.
Chisohn Brothers-Com. Merchants.
Apply at this Office-Building Lot.
Mr. HENEY N. McGOWAN desires to
inform his many friends and acquaintances
in this city and thc adjoining country, that
ho has engaged his services with Messrs
CALNAN & KREUDER, wholesale and
retail grocers, on Gervais street, opposi e
State House, where he would be pleased to
bc called on by them and supply their
wants in the grocery linc from an ample
and select stock. Nov 8 3
If WI APPLES.
ALL SOUND. At
CALNAN & KREUDER'S,
Gervais street, opposite State House.
Nov 8 3
Irish Potatoes!
AT CALNAN & KREUDER'S.
Nov 8_ 3
LEMONS !
AT CALNAN A KREUDER'S.
Nov 3 3
Everything Yon Want in the
GROCERY IEE, LIQUORS, M.,
IS to he found at
Nov 8 3 CALNAN A KREUDER'S.
ONIONS!
AT CALNAN A KREUDER'S.
Nov 8_3
SWEET GOSHEN BETTER !
AT CALNAN & KREUDER'S.
Nov 8 3
Goshen Cheese!
4 T CALNAN & KREUDER'S
J\. Nov 8 ?
New Goods !
M. WINSTOCK
INFORMS city and country dealers that
ho hasju8t opened at his establishment,
over J. G. Gibbes', near the Court House, a
large and handsome stock of
DRY GOODS, FANCY ARTICLES,
ROOTS, SHOES, HATS, etc.,
Which he oilers at wholesale at prices as
?ow, or lower, than they can be bought for
n Charleston or elsewhere - barely adding
jost of transportation. Nov 8 Imo
??.('aniden, Abbeville. Anderson. Green?
ville and Newberry papers copy three tim? s
md forward bills.
Law O?X*C3L
[IIAYE resumed tho PRACTICE OF
LAW. Office at Greenville.
Nov 5 WADDY THOMPSON.