The daily phoenix. (Columbia, S.C.) 1865-1878, November 23, 1865, Image 3
By Telegrapli. j
ITT?nd? Om tue nwwui Hrvrnur. i
PIT-HOLE, November 17.-Within the !
paat few dara, the Government officials
have brought to light facts which show
most extensive frauds against the Internal
Revenue Department. Yesterday, tho
officers seized wells Nos. 47, 54 anti 76,
three of the largest on Thomas Holden's
farm. The Government claims amount to
$143,000, of which $38,000 is owned by the
United States Petroleum Company, and
about $00,000 by large operators here, who,
it is alleged, last night made all their inter?
ests over to a second party. The Govern?
ment has notified the owners of working
interests in the wells not to deliver any
more oil to the United States Company,
until the claim is paid. There is much
excitement on the subject, und it is feared j
that the bottom has not yet hcon found.
From Washington.
WASHINGTON, November 17_The Admin- j
istration candidates for Congress in North |
Carolina have generally been defeated, j
and Hon. Bedford Brown, who is reported
chosen in the Fifth District by a close vote,
is probably the only one, ts' far as heard
from, who can take tho test oath. The
others all "aided" the rebellion openly,
and would undoubtedly plead guilty if
brought to the bar of the House.
It is mentioned a? a somewhat singular
fact, that no despatches have been re?
ceived from Gov. Perry with reference to
tho recent important action of the South
Carolina Convention. Th? omission at?
tracts m . re attention, because in all minor
matters that have occurred ho has kept
the President fully advised.
Thc full proceedings of the Convention
arc awaited with interest, there being
doubts in the minds of some as to the
thoroughness of the amendment Act, as j
passed.
It will probably, however, be found "in j
order," excepting, perhaps, the Convention
may have seen fit to attach thereto the j
public declaration of the Secretary of State,
and the (reported) opinion of the Presi?
dent and Attorney-General, to the effect
that "the powers of Congress would be
restrained" by the passage of the amend?
ment. This, I feel pretty sure, was added
to the Act.
So far as I have been able to ascertain,
the proposition to adjourn Congress to
Philadelphia will meet with very little
favor. Indeed, it is regarded more as a
throat to the hotel and boarding-house
keepers to induce them to "como down"
than anything else. In cither case it will
probably be the "attempt without the
deed," for Congress will not adjourn, nor
will tho landlords and the buxom widows
abate one postal stamp in their exactions.
The chief topic of conversation among
politicians continues to be thc sending of
General Logan to the Juarez Government
in Mexico. He has all along back in his
electioneering speeches denounced the
Maximilian occupation in unmeasured
terms, and has said that "Max. must get
out of there." General Grant, who is a j
candidato for the next Presidency, and is
supported by a very formidable "ring" of
military chiefs and politicians in the North?
west, has often, of late, in private commu?
nications, spoken in like manner. We cor- j
tainly have army enough (about 200,000,)
with no end of materiel ot war in depots, ;
for tho purpose of var. If hostilities
ensue in Mexico, Napoleon will find the
population of the country against him, as
was that of Old Spain against Bonaparte,
and he will be further from his base of
supplies. He has, however, a large navy
for a base, and it must be acknowledged
that the laving up of so many of om ves?
sels, and the discharge of the excess of
the officers and crews, don't look much as
if war was apprehended.
I have reason to bolievc that the War
Department will back General Baker, its
chief detective, in tho trial impending
upon indictments in our courts.
Mr. Crawford, of Georgia, who was one
of the Southern Commissioners to this Go?
vernment pending thc breaking out of the
rebellion, is hore.
It is stated in Republican quarters that
the President has given orders that detec?
tives shall be no longer about the White
House.
The canard about freedmen's distresses
and privations at this point is exposed
to-day by a statement from thc Freedmen's
Bureau."
Brigadier-General Frank Fessendcn has
been appointed a Major-General of volun?
teers.
It is said that there are immense "rings*'
in attendance upon Government sales, and
that transfers among themselves and out?
siders are made upon schedule.
GoVEKNOR HCMFHHEYS SUSTAINED DY
PRESIDENT JOHNSON.-On the 18th ultimo,
the Sheriff of Copiah County arrested an
officer connected with tho Freedmen's Bu?
reau, for assault and battery on a citizen.
In default of bail, thc officer was commit?
ted. A few days after, a bodv of troops,
headed by one Lieutenant Gibson, 58th
United States Colored Infantry, released
him and arrested the Sheriff. The facts
being reported to Governor Humphreys,
bc referred tho matter to General Ostf-r
haus. That officer refusing to act, Gover?
nor Humphreys telegraphed tho Presi?
do-ai, staling tho case ?U<! asking for
orders. On the 3d, Governor Humphreys
received a despatch from Secretary Stan?
ton, stating that the President had ordered
the release of the Sheriff, and tho officer
Lieutanant Gibson-to bo relieved from
command. This action of the President is
a gratifying evidence of tho fact that ho
recognizes the supremacy of civil law.
[ Mississippi Inder.
LABOE BUSINESS IN Nr.w ORLEANS.-Tho
Picayune notices two instances of large
business in Now Orleans. It states that
one house on Canal strcot, engaged in the
wholesale and ready-made clothing busi?
ness, sold for the mouth of October last,
goods to the amount of $450,000. During
that month, tho great banking house of
Pike, Lapoyre & Brother paid over their
counter an average of $1,400,000 per day.
Last Saturday, at tins bank, 1,200 checks
were paid between bank hours, the total
amount of which was $1,700,000. One o
thc peculiarities of Mr. Pike's bank is that
the nead of the firm acts as tho principal
paying teller, paying all the checks and
c( nducting the exchange business.
The President's Position anti Views
an to Restoration.
Hon. ?. K. McClure, a pro?ui?auL
and intiuential politician of Pennsyl?
vania, sends to the Franklin Repost-'
tort/, of which he is editor, a sketeh
of an hour's interview with President
Johnson, which we copy below.
Those rx>rtions of it which repeat the
President's views are of general inter?
est ; the comments and speculations
in which Mr. McClure himself in?
dulges will of course pass for what
they are worth. He savs :
However reticent the President may
be on some issues, he seems to have
no reserve as to the policy he con?
ceives to be the true one to bring
back the insurgent States. He dis?
cussed the position of those States
and their people with great interest
and occasional warmth, and with a
frankness that left no doubt as to his
purpose. He holds that they were
never ont of the Union ; that seces?
sion, however accomplished as a fact,
cannot be accomplished in law ; thal
the supreme authority of the Govern
ment in those States was not over
thrown by the rebellion, but siinpij
in abeyance; and of course it logically
follows his premises that, since the re
hellion has ceased, Hie States resume
?heir proper place in the Union, am
restoration is accomplished. This, ii
brief, was the stand-point from whicl
the President discussed the questioi
of reconstruction for more than ai
: hour, and answered suggestive objec
'j tions at times with an earnestnes
! that demonstated how- ardently he i
j workiug to give success to his policy
i I could not but remind him that hi
j theory stripped all traitors of th
protection they might claim as publi
enemies; that it would stamp as guilt
of treason within the law every ma
who aided the rebellion, and of n<
ccssity demand at his hands commet
I surate punishment for what he mn.?
hold as unmitigated crime, as appal
ing murder and desolation, for whic
there is no extenuation to bc pleat
" You have," I added, " given us o
every hand the nation's monument <
Mercy-where will be its monument
of Justice ? Davis is a proclaims
assassin, as well as a traitor-h
agents have died, another Wirz wi
follow-how are the principals i
atone to a people doubly bereaved i
their homes and in their chief san
! tuary of power ?"
To this the President answerer
I with much animation, that the me
I sure of and time for atonement we:
i yet for the future to determine,
j shall not soon forget the emphas
j with which he declared that tl
! South must come back and be a pa
' of us, "and," he added, "it mu
'. come with all its manhood. I dor
I want it to come eviscerated of i
; manhood." To this propositio
abstractly, there could be no obje
: tion made. "We want the South wi
j all its manhood; which I would co
j ceive to be Southern people wi
j their treason abandoned and th?
j crimes punished-not punished i
i vengefully; not in imitation of t'
: guillotine of France or the Inqui
i tion of Spain; but by making t
i leaders who conspired to overthn
i the Government strangers to
: honors and its citizenship, and thr
; through life, the monuments of t
; power, the justice, and the magnai
mity of the mightiest nation of t
j earth. The President said that su
may be the measure of punishmei
that he had pardoned but few w
j would come under such a rule; tl
there are exceptions to all rules, a
there were botli civil functional:
and army officers who might be p;
doned with propriety. He said tl
I he had not yet gone as far in his a
nesty, either general or special,
Mr. Lincoln proposed. He explain*
what is not generally known, that '.
pardons are mainly of business ni<
many of whom were Union men, w
must have pardons to enable them
sell or mortgage their lands, or to j
credit in their business operatio
and added that, he had not yet read:
the consideration of such cases aslj
Stephens, Longstreet, Beaurega
and others of that class.
He spoke freely of the propo:
trial of Davis, and said that as yet
Government had not taken any st<
in the matter. If he is to be tried
Richmond, the trial must neeessai
be postponed until tho civil authoi
is fully restored, and then it will b
question of consideration under
condition of affairs which may at t
time exist. As Virginia is still pi
tically under martial law -cci tal
wholly under military rule-I ju?
that many moons may wax and w?
before we can have a great State tr
I do not question the wisdom of i
delay, for it is certainly better for
Government to avoid tho danger
defeat in attempting to convict
constructive treason in Washingt
than to force a trial which mi
?. - - ? - ?"?.- _- - -. . ,. - - y __ "
afford ? technical escape for Davis,
and leave the jpreat question unde?
termined. Ii. ?. wei o y oing io gU?SS
on the subiect, I would say that Davis
is more ? sly to be paroled during
the next year than to be tried, and if
he is ever hanged, he must do it
himself.
The President is clearly adverse to
confiscation, and that question is
practically settled. Whatever might
be the views of Congress, confiscation
is not possible with an Executive de?
terminedly hostile to it and with the
pardoning power in his hands. I
infer, however, that on this point
Congress will harmonize with the
Executive, as a number of even the
radical leaders, such as Greeley and
Sumner, openly oppose it. If our
credit can be sustained otherwise I
am content. Five years hence we
shall all be wiser on that point than
now.
I believe that the President will
wield all his power to effect the ad?
mission of the Representatives of the
rebellious States into Congress during
the next session. The Senate being
organized, the question cannot come
tip there until it is brought up in
order; but there will bea strong pres?
sure to force the admission of the
Southern members, by placing theil
names on the roll when the House
meets. This Mr. McPherson will not
do, and on all votes of instructions
he will call only those who are re?
turned from States clearly entitled tc
representation. The law forbids hin
to do otherwise, and he will be faith
fol to it. The question of their ad
mission will then agitate the House
and I fear make a sad breach betweer
the President and Congress. Th?
South is encouraged by the positioi
of the Administration, to be impor
t?nate in its demand for admission
and it is not improbable that it wil
in the end be admitted. I have sel
dom Been Congress struggle agains
power and hold out to the end.
On the future of the freedmen th?
Presiden? talks well. He display
more sense thau sentiment on th
question, and means to solve the pro
blem fairly, as demanded by civiliza
tion and humanity. Of their abiKt;
to win a position that will enabl
them to be incorporated into our sys
tem of Government as citizen? he i
not eminently hopeful, but feels tha
it must be fairly tried, with an ope:
field for the negro. That failing, h
looks upon colonization as the onl
alternative.
Jefferson Davii.
ACTION- OF CHUT JUSTICE CHASE.
Wo have taken pains to examir
into the law and decisions touehiri
the proposed trial of Jefferson Da vi
reference to which was had in a recoi
article in the Intelligencer, foundt
mainly upon statements published i
the Republican of this city.
As to the power to hold speci;
terms, it is provided by tho celebrate
Judiciary Act of 1789, that the Ci
cuit Jxidge and District Judge t
gether, or thc Judges of the Supren
Court, may order a special term to 1
held in cases of crime. There hi
been no statute since to affect th
power.
As to thc charge against Jeffersr
Davis, it is, we believe, well set th
that in the crime of treason there cr
be no accessories, and that ad perso;
pai-ticipating in any way in acts
treason are principals. The Supren
Court, in the case of the United Stat
against Bollmuu and Startwout, he
that ''if war be actuatly levied-th
is, if a body of men be actually assei
bled for the purpose of effecting 1
force a treasonable object-all tho
who perform any part, howev
mimi te, or lioicever remote from I
scene of action, and who are actual
leagued in the general conspiracy, a
to be considered as traitors."
This opinion is cited and affirm?
as indisputably the law by Chief Jv
tice Marshall, in the (ra.se of Aar?
Burr, page 312, of the report of Bur:
case, edition of lNU-i.
Therefore, Mr. Davis may be tri
in any State or Territory where hi
tilities may have been waged by t
rebel military-in Virginia, Mary lau
Pennsylvania, the District of Cohn
bia, Tennessee, Kentucky, &c.
Now as to the military aspect of t
question. In the ease of the Unit
States rs. the insurgents of Penns;
vania, which was heard in the Circi
Court of the United States for t
District of Pennsylvania, in the yi
1797, before Mr. Justice Iredell,
tho Supreme Court of the Unit
States, and Mr. Justice Peters, Unit
States District Judge of that Distri
and which may be found reported
pages 513 and 514 of the third volui
of Dallas' Circuit Court Reports, t
C<mrt, after reviewing thc circu
stances rendering a special session
the Circuit Court in the two Count
of Pennsylvania, in which the indi
ment alleged io have been committed,
and after affirming the right of the
its discretion, in the proper County,
proceeded to pronounce its j udgment,
as follows :
"But even if it were practicable on
legal principles to direct a Special
Court, can it be thought convenient
or safe in the present state of North
ami) ton an& Bucks Counties to do so?
It is evident that nothing but an
armed force has recently been suffi?
cient to quell the insurrection and to
arrest the insurgents ; and we hope
that it will never be expected from
thc exercise of a judicial discretion
that a court of justice shall be volun?
tarily placed in a situation where the
execution of its functions and the
maintenance of its authority must de?
pend on the same military auxiliary."
And upon these grounds the motion
j for holding the special term of the
court in either of the Counties re?
ferred to was denied.
[National Intelligencer.
JUDGE CHASE AND Mit. DAVIS.
The Louisville Journal is respom:
ble for the following adroit thrust at
the Chief Justice:
"We hardly think that Chief Jus?
tice Chase would be hardly competent
to try Mr. Davis. His legal opinions
expressed years ago would render the
conviction of Davis by him utterly
inconsistent with his past decisions.
A number of years ago, in a fugitive
slave case at Oberlin, Ohio, he de?
cided that the State Court should
take the fugitive from the Federal
officers, and he called upon the Go?
vernor to put forward the militia tc
enforce the order of the court. Il
will be remembered that in this eas?
Judge Swan intervened to prevent at
armed collision between the Federa'
j and State authorities, and was subse
j quently sacrificed for the part taker
! by him in the matter. Judge Chas*
J has been fer many years an advocat?
j of nullification, and as such renderer
the decision alluded to above. Bj
fhe same principle upon which h<
once urged the military authorities o
Ohio to resist Federal authority
would he bo required, in order to pre
serve his consistency, to acquit Jeffer
son Davis, whose crime consists ii
obeying his own State in resisting th
Federal Government. If, howevei
Judge Chase should change his opi
nion and convict Mr. Davis, the cU
j cisi?n would be lacking in moral force
! because it would be universally sai
that he changed for the simple put
pose of punishing a political enenij
Who shall insist, therefore, that Mi
Davis shall be tried by a judge who :
j not, as is Mr. Chase, fully committe
to the doctrines of nullification? Tb
: trial of Mr. Davis before a civil tr
i bunal may be productive of muc
! good to thc country, although, ?
' we anticipate, the President shoul
! pardon him. in the event of his coi
j vicfion.
j Gov. HOLDEN.-In alluding i- tho recei
I despatches from Washington to Gov
Sharkey, Perry and Holden, io retain the
\ places till further orders, the haleigh Se
i linet says:
j These despatches have nothing to t
I vith the recent elections in any of tl
; Southern States. The failures of thc Coi
ventious and Legislatures of the Souther
States to do all that thc Government r
: quires of them is the reason, and thc so
j reason, why the President determines t
i continue with us the Provisional Coven
ments, and, of course, the exercise
. military authority.
There is nothing in this that ought :
I surprise, much less alarm the Southe]
I people. President Johnson has given tl
, South the fullest proofs of his syinpatl
j and kind intentions towards us. Tl
military rule which he has exercised hi
; boen mild and conservative. While Ol
people would prefer to have civil law ai
rule entirelv restored, yet, in North Car
: lina especially, We have had no cause I
j feel that we have been treated harshly 1
the administration of Generals Schotie
? or linger. General Rugcr has been coi
. siderate and conservative, and has admii
i istered his office in a manner that has m
! the appreciation generally of thc peopl
j With the present military force in tl
State, few disorders of any kind have o
curred, and we feel confident that noi
can occur, even if it lasted for months
come, which would be seriously offensi'
to either party. If we are to have milita
rule, we hope General Buger will be co
i tinned, for wo have every confidence iu li
! ability and in his disposition, to treat o
j people with kindness and consideratio
I while he observes at the same time the o
ligations imposed upon him by the Cover
ment.
We have felt it our duty to say tl;
much, because it is due to the Preside
! and to General Hug- -. and at the sar
time to quiet tho fears ."hick interest*
persons in the Guber ilorial elcctio
nave been disposed >>? ? .?cite. We repot
the election of Mr. Worth as civil Gov?
nor cannot have the effect of continnii
military ri le and authority in the State
day longer than il would huve been if G
vernor Holden had been elected. A kno
ledge of Jonathan Worth"s past and pi
sent position, principles ann course, c
but strengthen the State in the confinen
of the President, tho Congress and t
people of thc North.
- - - ---
Advices from Spain inform tlc Govei
nient that the Queen has issued a dccl
positively forbidding the extension
negro slavery within the Spanish Colonii
A-iiotioii Sales.
Handsome Furniture,
By Levin & Peixotto.
THIS (Thursday) MORNING, 28d, at
10 o'clock, we will sell, before our store,
without reserve,
Mahogany Hair-seat Sofau, do. Chahs.
Cane-scat and Windsor Chairs, Tea and
Card Tables, French Bedsteads, Bureaus,
Wardrobes, Cribs, Mattresses, Carpets,
Parlor Stoves, ?Sc.
ALSO,
1 fine Cart, (new.) Buggy Harness, Cop?
per Kettles, Wheelbarrows, Ac. And $800
in North Carolina State Coupons.
Sale positive. Terms cash. Nov 23
Furniture.
By Levin & Peixowto.
IN addition to tho articles advertised
above, we will sell, THIS MORNING, at
10 o'clock,
1 large Extension Table.
2 Marblo-top Pier Tables.
Trundle Bedsteads, Bureaus.
Secretary and Book-case.
Clothes Press and Matting.
Wilson A Wheeler's Sewing Machine,
nearly new. ALSO,
13 shares Gas-light Stock. Nov 23
Tract of Land, 200 Acres.
By Levin & Peixotto.
ON MONDAY, the 4th December, at thc
Court House, we will sell,
A TBACT OF LAND, consisting of 200
acres, more or less, situated seven miles
from Columbia, on thc Camden Road,
bounded by lands of Thomas Gates, sr.,
and James "Dinkins and others. Particu?
lars at time of sale-which will be posi
I tive-and terms cash. Nov 23 thsm
South. Carolina College.
THE Stated annual meeting of the Board
of Trustees of the South Carolina Col?
lege will be held at the College Library, on
WEDNESDAY, 29th inst., at 7 o'clock p. m.
L. L. FRASER, JB.,
NOT 23 6 Sec. Board Trustees.
NOTICE. "
DURING my absence from the State,
Mr. G. ELLHARDT will attend to my
business. All persons having claims against
me, will present them to him for settle?
ment, and all indebted will please make
payment. JOHN MAYER.
Nov 23_ l*_
STOLEN,
j - FROM the subscriber, on the
TX-night of the 12th instant, a largo
JmfT^?Mxk bay HORSE with a star in
mit* his forehead, left hind foot white,
and his hind quarters inclined to droop. A
reward of $25 will be paid for the return of
the horse, or anv information so that I can
got nim. Mas. S. B. DEWITT,
Nov 23 1?_Darlington C. H.
Acacia Lodge Ko. 94. A. E. H.
A A REGULAR communication of
yf^rthia Lodge will bc held THIS
/^fA^ EVENING, at 7 o'clock, in the Hall
of I. O. O. F. This being the night for the
election of officers, brethren will please be
punctual, and come prepared to nay their
duos. By order of the W. M.
E. O. WITHINGTON, Seeretarr.
Nov 23 1_"l
Thornwell on Truth,
MINISTEBING CHILDREN, GBAPES
OF ESCHOL, THE BOW IN THE
I CLOUD, Family Prayers, (McDuff,) Morn?
ing and Night Watches, H. More's Private
Devotions, Thc Prophet of Fire, Sunsets
on thc Hebrew Mountains, and a large col
' lection of choico Religious and Theological
I Works. For sale now by
I Nov 23 2" TOWNSEND & NORTH.
CABBAGE.
THREE crates fine NORTHERN CAB?
BAGE, for sale bv
RICHARD O'BRIEN,
South side Gervais street, near Assembly.
Nov 23 3"
To Rent,
MY late RESIDENCE, at thc cor?
ner of Bull and Upper Boundary
.streets. ALSO,
The BRICK HOUSE at present occupied
by Mr. Wm. H. Heyward, on Laurel street.
Both places ari' commodious and com?
fortable, with every convenience for a re?
spectable family.
Possession will be given first of January
next. J. W. PARKER. '
Nov 23_$
Lime, Hair, &c.
PARKER & FRIPP,
(Corner of Main and Camden Streets,)
HAYE now in store a large and full sup?
ply of LIME, CEMENT, PLASTER
PARIS, HAIR and BUILDING MATERIAL
generally, which thev offer at a vary low
figure. 'Consumers would do well t? call
before purchasing elsewhere. Nov 23 2*
LUIS '.BUL El.
PARKER & FRIPP,
(Corner of Main and Camden Streets,)
HAVE just received an assortment of
choice LIQUORS, CIGARS, .vc, which
they oller in quantities to suit purchasers.
Their stock c.insists in part of :
Oases Bourbon Whiskey, Monongahela
Whiskey, Cognac Brandy, Blackberry
Urandy, St. Julien Clarot", St. Domingo
Wine, St. Domingo T?nch, Arrack Punch,
Haut Sauterno Wine, Star Gin, Gin Cock
Tail, Raspberry Syrup, St. Domingo Bit?
ters, Ginger Cordial, baskets Champagne.
ALSO,
Boxes AMERICAN SEGA HS.
Boxes SPANISH SEGARS. .Vc. Ac.
Nov 23 2*