Historical Newspapers of South Carolina

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COLUMBIA. Saturday Morning, Dec. 2,1865. Thr Tent Oath. Governor Perry, in his address to thc Legislature, very properly remarked, that thc reason for the passage of the test oath has passed away, and that "if not repeal? ed, no one in South Carolina can lill a Federal office till a new generation has sprung up, for all now living-nea, women and children-did, in some way, counte? nance the wa.-." The truth is, we do not behove the test oath was intended for the people of tho States in rebe.'iou at the time it wai? passed; and we agree with a eotemporary, that, at that time, thc South? ern States were outside of its jurisdiction, and that it was intended simply' to guard against tho possible intrusion into Govern? ment employment, of persons who might secretly sympathize with tho States then in hostUity. The restoration of these States to tho Union, and tho return of peace, remove thc only conditions on which thc test oath was even hypothetical ?or justifiable. i The test oath is, moreover, working in? conceivable damage and inconvenience to . the public interests. How many post? masters or mail contractors, in the South cm States, can conscientiously, before their God, take an oath that they noTer volun? tarily rendered aid, assistance or obedi- ; euee to the late Confederate Government? i "Not ono in a thousand. It has been well said, tnat the fact that there arc so few ! persons in the South who can take the 1 oath, and so many who refuse to take it, . not only shows the feeling that existed ?luring the war, but exhibits a sincerity . and conscientiousness, which arc highly , creditable to thc Southern people. So far from making them justly liable to tho .charge of chronic treason and permanent ' disloyalty, so persistently urged against ! them by tho Radicals at the North, it ?honld bc considered, on the contrary, a proof of their honesty and entire trust- , worthiness. A correspondent of thc New York Times, ' ?who has been recently traveling in thc ' South, in speaking of thc defective postal arrangements in thc Southern States, says very truly, "that tho postal system is yet ; very far from being in an effective cordi- ; tion. Contracts have b?en given out and postmasters have been appointed; but j ?till thc mail bags accumulate at the ter- j sninal offices, or drag their weary way along ! disjointed routes. This is accounted for i by the fact, that very many, in fact a large j majority, of the postmasters and contrac- : tors appointed in the South ?luce the war ?re unable to take the tost oath." Thc New Orleans Della, in its comments on this correspondent's statements, has the following paragraph: "There is no truth moro firmly estab- j ?ished, or more universally admitted by j historians and philosophers, than that a ' man's moral character, his trustworthy i ness, or his credibility, is not in the slight est degree influenced by bis political opinions, lt is on this great truth that Ma- j caulay and Buckle, one the greatest poli tician, and tho other the greatest philoso- ? j&her that England has p.-oduced during ? this century, base their unanswerable ar- 1 guments against political test oaths. Besides being in all respects useless, they ! aro actually immoral in their effects on thc individual and on society. And a test oath ?which goes BO far as to rcguiro a whole . people to ignore thc facts of their history : and deny their own acts, is infinitely tho I worst form which such an error can as? sume. Of course thean remarks do not ', apply to what is called thc amnesty oath - '? although this may likewise beconndercd superfluous and useless -but to that form j of oath which Congressional legislation ; has demanded as a condition precedent to j thc exercise of any public functions under | tho United Statea, and even to the practice j of the legal profession in tho United States Courts." The "tost oath" cannot suppress an histo-iical fact; it cannot blot out from thc : page of history, that the Southern people vrere engaged hi armed hostility against ' thc Govern nent of thc United States af ; the time it was enacted. It cannot ignore the fact, that almost every citizen i-i thc States, thou in rebellion against that Go- j vemment, did in sonn- way, or at <ome time or other, render aid and comfort to thc seceding States, if enacted, as we have intimated, for the purpose of j.re venting persons hostile to thc Govern? ment from holding offices under thal Go? vernment, then tho occasion for ils con? tinuance or enforcement has passed away. No one in any of tho States can now bo said to be hostile to tho Government. Therefore, we cannot believe thal it wan ever intended to be continued i:i fore;?, or to apply to a state of facts which now /;xist. Thc Government of the United States, we arc sure, docs not want its office? holders throughout tho South, to bc men who could stretch their consciences, or falsify their oaths; nor docs it, we are equally confident, sock to proscribe from its service the great mas:i of Southern men-men who will prove as trno and loyal to it as any within it'- J Tistliction. Under these circumstance ?.< trust that Congress will speedily ex/"T.ge it from thc statute book. PINE GROVE, S. C., November 28, 1883. To Senators .and Meia'ters of South Carolina Legislature. GENTLEMEN: Allow one who feels a pro? found, and he trusts ? patriotic, interest in your deliberations, to suggest one or two points for your consideration, which, if it meets your approval, must greatly benefit a pretty large class of your fellow citizens. In enacting a "stay law," which it is taken for granted your body will do, it is all-important that some restriction should be imposed on confession of judg? ments to preferred creditors- If thore is not, the "stay law" will operate as a means of groat moral, if not legal, fraud and injustice to a large number of persons who have been kind and indulgent credi? tors-equally so with those who are likely to be preferred. There are no less than some half-dozen cases, within the know? ledge of the writor of this article, at this moment, whore, if a certain one of tho creditors of certain debtors havo not al? ready boon preferred, arrangements aro making to do so, and though, doubtless, thc parties who are thus obtaining liens upon the property of debtors, have just and bona tide claims upon them, is it right that A, who is indebted equally to B, C, D, E and F.-and it is notorious he cannot pay ail of them thc full amount of his indebted? ness-should be allowed, and, perhaps, for & private consideration, of which thc world will never know anything, confess judg? ment to B and C; pay them off in full, and leave D, E and F, without <i farthing, and it may be in point of common equity, these latter may possess higher claims m right and justice than thc former. I respect? fully Billigest that meat-ures ought to b? adopted to prevent this. Will it not also leave the door open for fictitious or fraudu? lent clainw to bc got up? It will not do to say, in reply to this, tliat the world is too honest for this glaring fraud. Experience has proved the contrary. HAMPDEN. Legislature South Carolina. Thursday, November 30, 1885. SENATE. The Senate mot at 10 A. M. Tho President pro tem. announced that Mr. Richardson was added to the Commit? tee oil Roads and buildings. The Special Joint Committee, appointed to wait upon the Hon. \V. D. Porter, and to inform him of his election as the Lieu? tenant-Governor of thia State, reported that they had discharged the duty assign? ed to thom, and that the Lieutenant-Go vernor is ready to qualify at such time as it may suit the convenience of tho General Assembly, and recommended the adoption of the following resolution: That the Con? stitutional oath of office bo administered to the Hon. W. D. Porter, the Lieutenaut Governor elect, in tho presence of tho Gsneral Assembly, in the House of Repre? sentatives this day at ten minutes past 12 o'clock M., by the Hon. B. F. Dunkin, Chief Justice of South Carolina. Mr. Buist presented tho petition of tho stockholders of the Edisto and Ashley Canal Company for an amendment of charter; also, introduced a bill to amend thc charter of the Edisto and Ashley Canal Company Mr. Shingler presented the potitiou of citizens of Berkeley District, for privilege of constructing gates across somo roads. Mr. Townes offered a resolution, which was agreed to, that it be referred to the Judiciary Committee to report as to the propriety of passing a law for tho protec? tion of tlie property o? married women in this State, and that they havo leave to re? port by bill or otherwise. The Sonate proceeded to tho special order for ll o'clock-a hill ta establish Dis? trict Courts. Tho hour having arrived, tho President pro tem. of the Senate, attended by the officers and members of the Senate, at? tended in the House of Representatives, in order to bo present at the inauguration of tho Lioutenant-Govornor eloct, who was sworn in by the Hon. B. F. Dunkin, Chief Justice. Immediately thereafter, the Senate join? ed the House of Representatives in voting for two Associate Jus ticos of tho Court of Appeals. lion. D. L. Wardlaw received 13J votes; Hon. John A. Inglis, 137; Hon. J. P. Car? roll, 1; and Mr. Janies B. Campbell, 1. The President, therefore, declared tho Hon. I), L. Wardlaw and tho Hon. John A. Inlis duly elected Associate Justices of the .Court of Appeals. Upon tlie return of tho Senate to the Senate ("bamber, Mr. Arthur presented the memorial of the Mayor and Aldermen of thc city of Columbia, praying^, tho aid of the State in rebuilding the city. Also, the petition of Wm. R. lluntt, Secretary of State, praying compensation for services, expenditures ami losses, sustained in pre? serving the public records of thc state. And the account of Dr. C. H. Miot, for medicines furnished the Arsenal Academy. Mr. Hemphill submitted the returns of the Commissioners of Free Schools for Chester District, for the year 1801. Mr. Mc Daffie presented the account of I N. C. Duffie, Sheriff of Marion District, for services. Tim Senate then proceeded to vote for j Register in Equity for Charleston District, i with the following result: James L. Uantt, 27 votes; J. L. Nowell, 2. j The Senate then voted for Commissioner in Equity of the following Districts, with tbs following result: Anderson District W. W. Humphreys, 17 votes; A. O. Norris, 14. Barnwell District - James Patterson, 26 votes; William M. Hunter, 5. Colleton District- Benjamin Stokes. Marion District-A. L. Evans. Chester District.-Giles J. Patterson. Chesterfield District -Jas. C. Craig. Horry District-Benj. E. Sessions. Spartanburg District-T. Stobo Farrow, 22 votes; H. H. Thomson, 8. Register of Mesne Conveyance for Char leaton District-Henry Trcscot, 28 vetes; James M. Hoed, 2. Master in Equity for Charleston Dis? trict-James Vf. Gray. Mr. .Shingler presented the petition of John F. Poppenlieim, Chairman of the Commissioners of Roads for St. James' Goose Creek, asking to bo allowed to es? tablish a toll-gate on the old State Road. Mr. Buist presented the memorial of Dr. J. J. Chisolm, President of the Board of Trustcos of tho Roper Hospital, transmit? ting accounts of roceipts and disburse? ments, and praying for the usual appro? priation. Also, tho memorial of the City OouneU of Carleston, praying to be vested with power to open and w.den streets. Mr. Winsmith introduced a bill for the relief of the Spartanburg and Union Rail? road Company. Mr. Tracy introduced a bill to incorpo? rate the Ireland Creek Timber Cutters Company. On motion of Mr. Sullivan, the President pro tem. was requested to retire from the Chair; who requested Mr. Sullivan to oc? cupy it. Mr. Reid offered tho following resolution, which was unanimously ageed to: Resolved, In the teiuporary retirement of tho Hon. F. J. Moses from tho Chair, thc thanks of the Senate are due, and are hereby tendered him, for tho courteous, dignified, able and impartial manner in which he has presided over this body, and that tnis resolution be communicated to him by the Chairman. Mr. Moses resumed the Chair, and upon the resolution being presented to him by Mr. Sullivan, with appropriate remarks, the President pro tem. addressed the Senate as follows: GENTLEMEN- OF THE SENATE: It would be an affectation both of head and heart, if I said I received this testimonial of your ap? preciation without emotion. A compli? ment bestowed with such evidence of sin? cerity, could not fail to awaken a sensibili? ty of which no man should be ashamed. If I have administered the duties of the Chair so as to elicit the commendation of those over whom I have had the honor to preside, I know I have been enabled to do so by your kind aid in maintaining, when necessary, the enforcement of Parliamen? tary rule. 1 have endeavored to bc courte? ous, and that I trust is the characteristic of every gentleman. I have, too, endeavor? ed to be just and impartial, and your en? dorsement in that regard is a source of un? feigned pleasure. I shall treasure this evidence of your good will and kindness as a boon of which any one may be proud, and shall never in life, cease to remember the pleasant rela? tions which my association with yon has induced. To you, sir, (the Senator from Laurons,) the organ of this body in presenting this flattering testimonial, I return my acknow? ledgment for the complimentary remarks with which you have accompanied the com? munication of the resolution. On motion of Mr. Thomson, tho Special Order for quarter past 12 P. M.-a bill tc establish District Courts -was discharged, and the same subject was made the Special Order for to-morrow, at ll A. M. HOUSE OF REPRESENTATIVES. At the hour to which the House waa ad? journed,- tho Clerk called the roll, when tho Speaker took tho Chair, and a quorum being present, the proceedings wore open? ed with prayer to Almighty God by Bov, Mr. Rude. The journal of yesterday's pro? ceedings was read. The. Speaker laid before the House the following resolution; which was referred t< the Committee on Offices and Officers: UNION C. H., November 28, 1805. Hon. A. P. Aldricli, Speaker. DEAR Sin: I beg leave hereby to tendei to the Legislature my resignation of th? office of Commissioner in Equity for Unioi District, from and after the 5th of Deccm ber. Respectfully, D. GOUDELOCK. The Sonate sont to this Houso resolu? tions of respect for tho memory of Hon. T J. Withers; which were concurred in ant ordered to be returned to the Senate. Thc Senate sent to this House a bill ti amend an Act to incorporate the Elmon Mutual Insurance Company, to be locate? in thc city of Charleston: which was rea? the third time title changed to an Act, Mr. Browning presented the petition o the Commissioners of Roads for St. James' Goose Creek, to bo allowed to erect a toll gate upon the State road. Mr. Simonton presented the report of th' Treasurer of the South Carolina College. Mr. Lord presented the accounts of T Kelly for blankets furnished prisoners ii jad." Mr. Walkor presented the return of th Commissioners of Freo Schools for Cheste District, for 1804. Mr. Keith presented the petition of sun dry citizens of Pickens District, asking ti have Managers of Elections exempt?e from road duty, or compensated in som other way, as a consideration for their ser vices. Mr. Talley presented thc petition of ,1 S. Guignard, praying to be refunded $20 for repairs on Congaree Bridge. Also, th account of Dr. J. H. Boatwnght, for ?to: mortem examination. Mr. William Wallace presented the peti tion of Jacob Geiger, for permission to us a portion of the water of Columbia Canal. Mr. Dawkins presented thc report <>f th Commissioners of Free Schools for Uni? District. Mr. Lord introduced a bill to amend a Act entitled an Act to amend an Act ent tied "An Act to increase the fees of Sh? riffs for dieting persons confined in jail. Mr. Hutson introduced a bill to proviil f?>r thu admission in evidence of w?ls mad in the execution of a power. Mr. T. P. Mikell introduced a bill to pn vide for the election of Governor and Lieu tenant-Governor. Mr. Hanckel introduced a bill to amen the charter of the Edisto and Ashley Can; Company. Mr. Sliaw introduced tho following res? lntion, which was agreed to, and sent I the Senate for concurrence: Resolved, That it bo referred to a joh committee, to consist of the Committee ? Ways and Moans of tho House, and tl Committee of Finance and Banks of tl Senate, to take immediate steps to provic for tho expenses of the General Assembl the present session, and that they csp< cially inquire and report as to the oxp diency of authorizing tho President and Directors of tho Dank of the Stato of South Carolina to advance to the usc of tho State, from any funds now in their pos? sessio? or under their control, a sum suf? ficient for said purpose, upon thc pledge of the faith ?nd credit of the State for tho repayment of thc same to thc said Presi? dent and Directors. Mr. Dawkins introduced a bill for tho relief of tho Spartanburg and Union Hail road Company. The Senate attended in the IIouso, and united with the House in voting rica roce for two Associate Justices of thc Appeal Court. Hon. D. L. Wardlaw and Hon. John A. Inglis having received, a majority of tho votes given, the Speaker announced that they were elected Associate Justices of the Appeal Court. The Senate then attended in tho hall of tho House of Representatives, and imme? diately after. Hon. W. D. Porter, Lieute? nant-Governor elect, attended by tho Com? mittee of Arrangements, entered tho hall. The Lieutenant-Governor elect then ad? dressed tho members of the General As? sembly is follows: GENTLEMEN OF TUKSENATE AND HOUSE or REPRESENTATIVES: To the good people of tho State, through you as their chosen representatives, I return my sincere thanks for the honor conferred on me. During a term of public ssrvice, running through a period of twenty-five years, it has not been my lot before to make any appeal to the whole people of the State, or to receive any previous proof of their trust and confidence. Regarding this election as a token of their favor anti approbation, I receive it with thankfulness, and shall always cherish it with pride. The amended Constitution of thc Stat?! provides that tho Lieutenant-Governor shall act as President of the Senate. It will now become my duty to preside over the deliberations of that body. Happily, the dulles of the chair are not strange to me; and my recollection of the Itindiiesi and courtesy of Senators in former days, makes me feel that I shall still he among friends, who will extend to me all the indul? gence and support that may bu needed. A great change has come over us within tho last year. The evidences of it are everywhere about us-in prostration, wreck and ruin. All, all is changed save our mutual friendships and the deep, un? wavering lovo we feel for our State, thc common mother of us all. Thc former have sustained us in all our trials; and. of j the lat ter nothing but death can deprive us -not war, nor peace, nor prosperity, nor adversity, nor the chances of time, nor the turning tides of fortune. Like true chil? dren, in the hour of distress we cling closer to thc bosom that has nourished us. It is our refuge and our strength. The past is fixed beyond recall. We cannot alter it, but we may learn much from its teachings, if we are wise to im? prove the occasion. It is with the present and future that wo have to doab It does not pertain to my office to suggest mea? sures for your eousideration: but I may be permitted* to say a word or two in relation to tho spirit and temper in which wo should deal with our present exigencies. Wo should, of course, realize our new situation in its full extent, and should also realize that what may be right and propor in relation to one condition of things, may not necessarily ht either right or proper in relation to another and a different con? dition of things. The great obstacles wc have to encounter are in our pride and prejudices-in feelings and opinions that are traditional with us, and have grown to bo a part of our second nature. Tho ques? tion of honor or dishonor in any particular case, must bo resolved by each individual for himself. It depends upon the mind, the intent, the purpose. Ii depends much, too, upon the relativo situation of purtics. There may be moro dishonor in requiring and enforcing a condition than in accept? ing and submitting to it. Between victor and vanquished he is most magnanimous who rises to tho highest levels of the occa? sion, and b?st satisfies the requirements of honor, self-respect, truthfulness and generosity. But certainly ho who acts well his part in adverse circumstances must command respect and not feel hmniliatior. Especially now, in practical matters, should wo guard against an obstinate ad? herence to theory, without sufficient re? gard to new facts and conditions. For exam? ple, wo have renounced slave labor, and accepted free labor. Let us not condemn the latter in advance-let us not prejudge its failure. This is the way to insure failure. Let us givo it fair play, and deal with it like mon who are determined that it shall succeed. This is the way to insure success. Our own interest, and the in? terest of tboso whose lot is cast injwith ns, the happiness and prosperity of our State depend upon our grappling with this groat industrial problem, m good faith, anc with a brave, cheerful, confident and de termined spirit. The work of re-crealioi is in our bands: and if wo shah succeed ir building Up anew our waste places, and ir laying the sure foundation of a large anc enduring prosperity, t hc blessings of thos< who come after ns will rest upon our names Our people havo pledged anew theil faith to the Government of the Unitot States. This a matter of honor; and they will well and truly redeem their faith Those who doubt thom, do not know them Tliey have been brave in war, and will Ix true" in peace. To affect enthusiasm now would be a hollow mockery; the basest o hypocrisies. It cannot bo expected o thora. They have their griefs and thei memories. These are sacred, and aro en titled to respect, and cannot be taken fron them; but they will not stifler them ti come in conflict with their duties. A) that they ask in return, is a truth and i faith commensurate with their own. Am so may bo laid the foundations of a conti dence "that will be firm and enduring, an< will ripen in time into that good will am esteem and harmony that can alone malo a Government a blessing, or a people con tented and happy. Tho House then proceeded lo voto, vir.< voce, for Commissioners in Equity, fo Anderson, Barnwell, Chester, Chesterfle.hl Colleton, Darlington, Horry, Marion am Spartanburg Districts; and" for Master ii Equity for Charleston District; also, pro ceeded to ballot for Register in Equity fo Charleston District. Adjourned. Local Items. C\sn.-Our terms for subscription, ad? vertising and job work arc cash. We hope all parties will bear this in mind. TUB BUBNIHO or Co wran LA.-An inter? esting account of thc "Sack and Destruc? tion of tho City of Columbia, S. C.," has just been issued, in pamphlet form, from tho I'litrniz steam power press. Orders can be Glied to any extent. Tho city authorities propose erecting a temporary market. Wc hope they will reconsider the matter, and build some? thing permanent, which will bo an orna? ment to our about-to-bc-rejuvenatod city. We have the gratifying intelligence to communicate to the youngsters, that Mr. McKenzie is receiving, and will open in a few dava, a varied stock of new toys-the moro inspection of which will set them all in a flutter. Don't call on him just yet, but wait a day or two, and then you can fcaat your eyes. Tho firing in tho streets at night still continues. Cannot something be dono to stop it? A bombardment in miniature is kept up, at times, to tho serious an? noyance of that portion of the community (not employed in thc I'hixtiir, establish? ment) who think night was made for sleep. CITY IMPROVEMENTS. -WO arc highly pleased at being able to testify that Columbia is fast rising from the ashes; the "era of small things" is passing away, and substantial brick stores arc being erected. May one and all, in a very short time, be filled to overflowing with goods, and the proprietors thereof weary them? selves in supplying cash customers, is tho earnest wish of "the local." PLANT TREES.-We would remind our city authorities, that one of the greatest attractions of Columbia, in former years, was thc magnificent trees i.i the streets. Of these, there are but few left. To re? plant them would cost but little, and we believe would add materially to the general health. As the season for transplanting is approaching, we throw out this hint, and hope to sec it acted on. NEW ADvr.ttTtsr.MsxTS.-Attention is call? ed to thc following advertisements, which are published this morning for tho first time: Kennedy and lirevard- Estate Salo. Steam Saw Mill for Sale. J. F. Eisenmann-Tailoring, Ac. Apply at this Office-Situation Wantod. '. .' -Rooms to Rent. Nomination of R. C. Shiver. List of Letters in Post Otfice. Durbec A Walter-Furniture, Ac. W. B. Stanley -Kerosene Lamps. Edwin Bate? A Co. -Dry Goods, otc. E. Pollard -Spectacles, Cards, Candie*. " - Patent Medicines. Gon. Ames -General Orders No. 33. Gov. Berry-Proclamation. We learn from thc New York Herald, of tho 27th, that the reported participation of American soldiers in the recent assault on Matamoros by tho Mexican Republicans has, it seems, produced a disagreeable effect upon tho Imperialists, and they are said to fear that our Government seriously meditates interfering in behalf of Presi? dent Juarez. Even thc abandonment of Maximilian's journey to Yucatan is ascrib? ed to apprehensions on the part of his Cabinet of difficulty with the United States, and it is stated that Marshal Bazaine has ordered several important positions tobe strengthened. Maximilian is Baid to have lately received an autograph letter from Louis Napoleon, urging hin. to more energetic measures toward tho firm establishment of thc empire. Col. Bravado, of tho Liberal army of Mexico, as bowrer of despatches from Pre? sident Juarez to the United States Go? vernment, arrived at Kansas City, on the 20th ult., and left immediately for Wash? ington. Col. Bravado states that the Mexicans had 25,000 troops under arms, and that 73,000 more can be put in thc field as soon as thc means are raised, which will ba speedily. Private letters from a commercial firm at Mazatlan and other Mexican ports, re? port thc feeling against the French a? becoming stronger and stronger every day. Largo purchases of wine and other commodities made in San Francisco dur? ing the summer, on French account, have been rejected by resorting to thc subter? fuge of short weights and inerior qualities. As the President is in communication with Governor Humphreys, of Mississippi, thc presumption is thai the story is not correct that thc former had directed Judge Sharkey to go on and act as Governor. It i-i observed, by tho letter of tho Presidoi t to Humphreys, he limits remarks as to rights of negroes to protecting such rights by the laws. It does not suggest negro suffrage. _--V Tho Board,' of Trade or Boston have adopted resolutions looking to an increase in tho raising of cotton in the Southern States. They request tho Government, within tho sphere of its legitimate powers, to organize such portions of tho laboring classes in the South as cannot be reached by private capital.