The daily phoenix. (Columbia, S.C.) 1865-1878, February 08, 1866, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

jOOLUMBIA. Thursday Morning, February 8,1866. Can lt be Ratified* Tho New York World, in speaking of tho constitutional amendment passed by the radicals in the House of Representatives, the other day, says there are fifteen States which are csrtain to rejeot it, which they will do with more decision, by tho know? ledge that the President will approve their action, and it only requires the\ failure of ten States to ratify, to' defeat any amendment. The World says that these States would be fully justified* in rejecting it, without assigning any reasons. The Constitution gives them perfect free? dom of action in relation to amend? ments; and by making so large a number as three-fourths necessary for their adoption, it demonstrates its intention to render amendments not easy but difficult. The circumstances under which this particular amend? ment is proposed, makes it an insult to the States whose representation it seeks to abridge. If the number of their^representatives could be consti? tutionally cut down, no amendment would be necessary; so that the very fact of proposing it is a confession that they are now both entitled to iopresentatives, and to the frill num? ber corresponding to their propor? tionate population as returned by the census. To deprive them of an ac? knowledged constitutional right until they will consent either to surrender a part of it, or to recover it by de? grading concessions, is such a bare? faced ..affront, that if the Southern .States were liable to be questioned for their rejection of the proposed amendment, this reason would be sufficient. If they are now entitled to representatives, as the amendment tacitly acknowledges, (since it would be otherwise needless,) they are just as much entitled tx> a voice in Con? gress on the question of its submis? sion, as any of the States whose repre? sentatives have voted on it. But had the representatives been "present, to ; which the eleve n excluded States are confessedly entitled, the amendment; could not have passed the House. Asf it was. its friends had only nine votes to spare; and those States are, by an existing Act of Congress, passed in 1862 and- never repealed, entitled to fifty-eight. So that if the conceded rights of those States were recog? nized, no such amendment could be submitted. In requiring two-thirds of both Houses to propose amend? ments, the Constitution undoubtedly intended two-thirds of the members who might be present when all the States entitled to representatives were permitted to have them. We believe with the World, that even Thad. Stevens himself has no expectation that driving this amend? ment through Congress will subserve any other purpose than procrastina? tion. By contending that only nine? teen States are necessary for its rati? fication, he divulges his belief that three-fourths of the whole ''numlser will not ratify ; and he knows the President too well to suppose that the ratification of nineteen will ever be recognized as sufficient. The whole purpose of the party would appear simply to be the preventing the South from participating in the legislation of Congress for the time being, or until after the Presidential election. The Camden Journal announces the death of Angus McCaskell, an old and respected citizen of Kershaw District. AN ASTOUNDING RUMOR.-We have already stated that the Baltimore Conference is to meet in Alexandria next Wednesday. A correspondent of the Baltimore Gazette advises the Conference to maintain its indepen? dent organization, and not yet to carry out its known wish to "adhere" to the Southern Methodist Church, and gives, among other, the follow? ing reasons : "It is rumored, and the fact is un? deniable, that an order will be issued from the War Department on the first day of the Conference at Alexandria, to tho effect that if the Conference should resolve to unite with the Church South, you will forfeit all right to the church property which you now claim in Virginia and else? where. But if you continue to main? tain your present separate and inde? pendent position, that right will not be interfered with." Tho New York Post thinks the recent conversation ascribed to Presi? dent Johnson is characterized by his usual good sense and sagacity. Official Document? We place upou record the follow? ing letter from Governor Janies L. Orr: EXECUTIVE OFFICE, CHARLESTON, January 81, I860. To the Hon. Hie Secretary of the 1rea sury/. SIB: AS Governor of the State of Jjkmth Carolina, it becomes my duty to ask your attention to certain sub? jects of very grave importance to her interests, and the control of winch belongs to your department. It is unnecessary for me to do more than to refer to the acts of thc United States imposing the direct tax, and imaking provisions for its collection in the ' ^insurrectionary States." With these provisions you are per? fectly familiar; and it is not my pur? pose at present to call in question either their constitutionality or their policy. Fortunately for the State which I represent-fortunately, I hope you will allow mc to add, for the whole country-the character of "insurrectionary" rio longer applies to her. Accepting honestly the re? sult of the ?great contest which has now ended, she has met the necessi? ties of her condition, and her people are endeavoring, with earnest und single-minded purpose, to retrieve the disasters and destruction of the last five years. In this endeavor, I am glad to believe that both yourself and the Administration of which you form so distinguished a part, cordially sympathize, and I feel confident of your patient and favorable considera? tion, when I ask for such relief as it is in your power to afford, from the operation of laws passed in unhappy times, and thc necessity for which has now ceased to exist. Owing to the fact that until the surrender of Generals Lee and John? ston, only the sea-board of this State was in the military* possession of the United States, it has happened that in that section only of thc State have these laws been applied. Owing, also, to this fact, and tho consequent fact that the forces of the late Confederacy interposed between this section and the rest of the State, it has happened that the proprietors of this section, who were driven from their homes by the armed occupation of 1861, have been, during the war, entirely sepa? rated from their estates, have neither been able to learn tho proceedings which have boen instituted under the laws, nor have been enabled to take advantage of the just and humane provisions for redemption which these acts contain. Thc consequence has been, that these laws have been more harshly and more strictly enforced in this section of South Carolina, than in any other portion of thc South, and from the inability of the parties interested to receive the requisite no? tice, there has occurred an amount of i sacrifice by the sale of property more ! enormous in character and more uni t versal in extent than in any other portion of the country. I believe I am warranted in saying that, from causes entirely beyond their control, not one of the owners of these es? tates have been able either to pay his taxes or to avail himself of the power of redemption, while, in thousands of instances, estates of the highest value have been sold for the smallest amount of tax, and ??ought for the most inconsiderable sum. One in? stance to which I will refer, in which an estate, the market value of which was $24,000, was bought in by the I Government for $80, the amount of tax due being even less than this in? considerable amount, and the Govern? ment being in possession at thc time of cotton taken from the estate to |more than a hundred times the /amount of the tax, is one illustration out of many. Thc whole property of this section of country, including the entire Parish of St. Helena, one of the most valuable portions of the State, and a portion of St. Luke's, has completely changed hands, as far as these acts can effect the change, and has jjassed either into the posses? sion of tho Government or of third parties. The Commissioner of Internal Re? venue, in that portion of his report which refers to the operation of tho Direct Tax Act, uses the following language : "It is evident from what I have stated, that when tho duties of the Commissioners under the present laws shall be completed, tho burdens imposed by it will have fallen une? qually upon tho people of the dis? tricts lately in insr rection. Some will have had littl. in addition to their original distributive share of the twenty millions dollars, while others will have lost their entire es? tates. Some States, toe , will have paid only thc amount apportioned to them under the Act of August 7, 1861 ; while others, for the reasons before given, will, through the collections and sales, have contributed largely in excess of such apportionment." I have been informed, and have ' reason to behove, that the State of j South Carolina is one of those States which has . "contributed largely in I excess;" and that a small portion of the State lias thus been made to bear ? even more than the burden of the .vhole commonwealth; and that at the expense of a few hundred citizens, not more guilty than their fellows, and including in their number a very largo proportion of inoffensive wi? dows, orphans and minors. Nor can the State compensate them for this terrible loss. Her resources exhaust? ed, her new system of labor scarcely organized, hardly a remnant of her capital, public or private, saved in .&BESS2&^^B??&??BSS? this great wreck, more than one gene- i ration must work and suffer before < returning prosperity enables her to i be either jus<? or generous, and even i then no compensation would restore ; these exiles to the homes in which 1 they were born. . ? I would, therefore, respectfully ask i your assistance in ascertaining the exact condition of tho amount of i direct tax due and paid by this State, ; and would earnestly entreat your co? operation, iu order that, if it be traie that this State has overpaid its por? tion of taxation, or should that not be the case, if the State will assume and secure tho payment of the very small balance that remains, that some arrangement be made by which the lands which, under tho necessities of war, have been bought in by Govern? ment, should be restored to their original possessors The only object of this sale and purchaso was to se? cure the payment of the tax. If the payment of that tax has been or can be secured, there is no further object in making the law a means of per? sonal punishment, a punishment not inflicted by a discriminating justice against special offenders, but simply resulting from tho accidental locality of the sufferer. I would ask your attention to the further additional extract from the report of the Commissioner of In? ternal Revenue: "Of the property purchased for the Government at the sales for taxes, leases under Section 9 of the Act of June 7, 1862, have been made only by the South Carolina Commission. In South Carolina, too, and not else? where, resales of lands bid in at tho ; sales for taxes have been made by the Commission, under Section ll of the same statute. This sectiou provides that purchasers at the sale who shall have faithfully served for the term of three months as an officer, musician, or private soldier, or sailor, in thc army, or navy, or marine service of the United States, as a regular or volunteer, and who shall pay one fourth part of the purchase-moneys shall receive a certificate, and shall : have the term of three years in which to pay the remainder. Tho amount which will become duo in 1867 and 1868 upon the army and navy certifi? cates, issued as above, is $206,994.30. In this State, also, a board of selec? tion, appointed by the President of the United States for that purpose, and comprised in part of the Tax Commissioners, under his instruc? tions of September 16, 1863, selected and reserved for military, naval, cha? ritable, educational and police pur? poses, eighty-one plantations, situ? ated on the several sea islands of that State. "Under the same instructions, the Commission made sale of homesteads of ten and twenty acres each to heads of families of African descent. "Since December 10, 1S63, there have been 617 certificates of home? steads of this character, issued by the Commission, most of which were during thc last fiscal year." It is difficult to understand why, looking upon these Acts as intended to have uniform effect, so very mark? ed an exception should have been made of this State, and as the direct authority of the commissioners to grant these leases "extends only until the said rebellion and insurrec? tion in said State shall be put down, and the authority of the United States established, and until the people of said State shall elect a Le? gislature and State officers, who shall take an oath to support tho Constitu? tion of the United States, to be an? nounced by the proclamation of the President, and until tho first day of March next thereafter." I would ask whether the time and conditions for j tho termination of these leases do not seem very rapidly approaching, and if so, whether any principle of jus? tice, or any good reason of policy, would prevent the Government from restoring the land so leased, to tho original owners? Further, the commissioner, after stating that most of the allotments of' homesteads were made during tho last fiscal year, proceeds: "After the cessation of hostilities, and on the seventeenth of May last, the several commissions were direct j ed by this office, in pursuance of the j instructions of the Secretary of tho Treasury, to suspend all sales of lands for taxes in districts before that time in insurrection, until otherwise ordered." Now, if 1 am rightly informed of the legal effect of these Acts, and the President's instructions, these allot? ments could only take place upon the resale of tho lands originally bought in by the Government, and the order forbidding all further sales was in effect forbidding any further allot? ments; and yet, according to the commissioner, most of these allot? ments were made, "during the last fiscal year," that is, after the issue of the order forbidding them. You are yourself aware that this order was so openly disregarded, that application was made to you by the executive agent of this State, iu November last, for an order to suspend sales in Beaufort, advertised in direct viola? tion of its terms, and that you promptly and justly gave the order asked for. And it is my duty to state, on perfectly reliable authority, ! that these allotments were not only made during the last fiscal year, but j that Mr. Brisbane, one of the com missioners, is now engaged in sur? veying and laying out the planta ; tions in St. Helena, for tho purpose of continued allotment. \ The condition of these lands is stich that, owing to the action of tlie direct tax laws, the original owners are ousted of possession, while the 3ystem of leases mid allotments, and ia som? portions the field-order of General Sherman, have caused their distribution among the freedmen, and created a strong expectation among them of continued and more exten? sive distribution. I would submit to you, and through you to the Govern? ment,, whether any principle of jus? tice can sanction such a double pun? ishment, as first to compel thc owners of these lands to bear the whole bur? den of the Slate's taxation, and then to confiscate the very* lands which had been so taxed. For, as I have said before, now that the cessation of war has given the opportunity, these owners are perfectly willing to pay their taxes, and ask simply that the principle of redemption, incorpo? rated in the Acts themselves, shall not be made barren by being limited to a point of time before which it was clearly impossible to use it. But there is another point of view from which the condition of these lands assumes even graver importance. The question of the relation between the white population of this Stato and the new freedmen has been avery perplexing one, and not altogether free fromtlanger. It has been for a long time doubtful whether the freed? man would contract for labor at all, and the great difficulty in tho way has been his conviction thatHhe lands of his former master were to be given to bim. This delusion is not yet dis? pelled. In thc interior of the State, where there has been no disposses? sion of the owners, the freedmen arc gradually becoming convinced of the truth, and are beginning to find that work is a necessity, and by contract? ing for labor at fair wages, only can they secure work. But in the low country tho case is different. Diffi? culties still seem impossible to be overcome and serious disturbances have occurred. General Sickles, by energetic and practical action, is mak? ing some progress to a more whole? some state of affairs. But there is one obstado too strong for him, or the planter, or the State. That is, the existence in the State of a large tract of the richest and most valuable lauds, from which the white owner is excluded, to which the freedmen loo! with the assurance of future posses? sion, and over which the State pos? sesses no control, and the military authorities of the United States can exert no beneficial influence. As long as these lands remain in this condition, so long the freedman of the low country will refuse to work for wages, and the freedman of the up-country will work discontentedly. Although I see that a proposition has been made in Congress to confirm the grant made by Gen. Sherman's field order, I cannot believe that either the justice or wisdom of a great govern? ment will permit so fatal an injury to this State, as must be the establish? ment of a negro colony upon her borders, wasting her most fruitful lands, obstructing her largest har? bors, and shu tting out from the sea, by a belt oj barrenness, her enter? prise and her industry. But the delay in deciding the statu* of these lands is acting most injuriously upon the fortunes and future of this State. Already the beneficent action of the President's restoration of lands has been unaccountably delayed, inten? tionally or ignorantly, by those en? trusted with its execution. But im? perfectly and unwillingly as it has been executed, already its good effects are visible, and I will venture to assure you tl .t if you can contribute to make it perfect, by aiding the State in the restoration of the lands, now practically confiscated by the Direct Tax Act, you will be going far in securing the solution of that ques? tion of labor which is to-day the only real obstacle to the firm, harmonious, and prosperous reconstruction of a commun country. Impressed with the importance of these views, but finding it impossible, either with justice to your engage? ments or my own, to dwell upon them more fully or more in detail, I have commissioned Hon. William Henry Trescot to lay this letter before you, and to enforce it with such informa? tion as an examination of it on your part may require. Mr. Trescot has already had tho honor of communi? cation with you as the representative in tho same (rapacity of my prede? cessor, Gov. Perry. Commending him to your courte? ous consideration, and asking for the subject he lays before you your early and serious attention, I am, very respectfully, JAS. L. ORR, Governor of South Carolina. -?-<>.?-? THE NATIONAL, INTELLIGENCER. This able, dignified and conservative journal furnishes daily evidences of its desire to see the Southern States fully restored to their proper places in tlie Union. We, therefore, with pleasure reproduce the following de? claration of George D. Prentice in regard to the relations subsisting between President Johnson and its editor : "We happen to know that the editor of the Intelligencer is in con? stant communication with the Presi? dent, and speaks understandingly in reference to tho President's views and feelings." --.-*->-? A negro man in Mahoning County, Ohio, recently obtained a verdict of $100 against the township trustees for refusing his vote last fall. A special Washington correspond ent of the Charleston Courier, nuder date of the 2d inst., writes as fol? lows : Much- speculation has risen in re? gard to the probability of the trial of Jefferson Davis. The President has always holdout the idea that "treason was a crime, and must be punished." He has replied to petitions for the pardon of Mr. Davis that he must have a trial, though, if convicted, he might be pardoned. He was last August in favor of a civil trial. He has declared against the expediency of any more military trials. Accord? ing to some accounts, he was thwarted in his purpose of having Mr. Davis tried at Bichmond or Norfolk last fall by the scruples of Chief Justice Chase, who still refuses to try a criminal case in a State where martial law pre? vails. An attempt was made to remove, by legislation, one of the obstacles to a trial in Virginia, by the United States Circuit Court, but the bill was objected to in the Senate, on account of an ex pott facto provision. It would require, therefore, either an amend? ment to the Constitution, era change of opinion by Judge Chase, to obtain a civil trial in Virginia. The Presi? dent, in his message, threw the mat? ter upon Congress, but the legislation required by Judge Chase embjyced a palpable violation of the Constitu? tion. It is now believed by many that the President is now disposed to order a military trial, 'if he cannot obtain one by a civil courflj reserving, of course, the right of pardon. The radicals make tho delay of the trial a subject of daily denunciation of tho President. Perhaps he may yield to their demands in this in? stance. If General Grant should go to Europe for two years, as has been ru? mored, it might be for thc purpose of keeping out of the way of thc politi? cians, who have discovered .that he is the most available man for the next Presidency. He has lately said that he will not go immediately, but may do so in a year or two. Mr. Sumner warned the Postmas? ter-General, in some remarks in the Senate to-day, that ho must obey the laws, and not give any offices in the South to thc rebels. He alleged, on the authority of letters he held in his hands from Charleston, Georgia, Vir? ginia, ?vc., that the rebels, and par? ticularly the rebel soldiers, got most of the offices in the Post Office Depart? ment, the revenue service, ?fcc. The reason alleged has been that it was impossible to find loyal men in the vicinity to take sonic of these offices, the pay of which is necessarily very small. THE COTTON FRAUDS.-The Balti? more Transcript bases great hopes on the integrity and efficiency of Mr. Watterson, of Tennessee, in develop? ing the cotton frauds in the South, and bringing the perpetrators to punishment, for which responsible duty he has been selected by tho President. He has already made a report, of which a correspondent says: In the report of Mr. Harvey M. Watterson, of Tennessee, to the Pre? sident, he entered very fully and mi? nutely into the subject of cotton frauds practiced in the South by Federal agents, including some of a military character. By these frauds Mr. W. showed that very largo amounts had been obtained by these corrupt means, while the Government obtained but a small portion, if any of the spoil. Mr. W. explained the modus operandi, in each class of cases adopted by thc Federal agents, and others who wero in collusion with them, for their pur? poses. The owners of the cotton, generally planters who had been fortu? nate enough to save a portion of their crop from the grasp of the rebel authorities, were approached first with menaces of arrest, imprisonment and confiscation of their property, and were then induced to accept a small sum for their cotton, as a means of saving their personal liberty. It is not too late to trace many of theso frauds to the perpetrators and to recover some of the property, or the proceeds of the sale. Therefore the President has selected Mr. Watterson as a proper person to ferret out these agents, and associated with him is an officer of the Treasury, Mr. Chandler, who will be an efficient aid in bring? ing them to justice. The amount of property of which the poor planters were thus deprived, without benefit to the United States, is immense. CLAIMS AGAINST GOVERNMENT.-The Committee on Claims have made a large number of adverse reports upon claims coming under thc class pro? scribed by the lite resolution of the House. Among them, was one pre? sented by Commodore Winslow, of the Kearsage, who is unfortunate in having lost Southern property by the rebellion. It seems unjust to throw out this class of claims, but Congress is inexorable in its refusal to surrender them. A sweeping bill will soon be intro? duced in Congress, and be no doubt passed, for the relief of those officers whose vouchers or accounts were cap? tured or destroyed by thc enemy, thus leaving them technically indebt? ed to the Government. Several pri? vate bills of this nature have already been passed, without objection from i any quarter. - Cor. New*Ybrk Herald. Local It;?x*us. CASH.-Our terms for subscription, ad? vertising and job work are cash. We hope all parties will bear this in mind. "THE ('ODE. " The Act? paused by the Legislature relative to tbe freedmen, re? sale at this office. Price 'Mt cents; by mai! 25 cents. EXPRESS COMPANIES. -Wo are almost daily under obligations to the gentlemanly managers of the Southern and National Express Companies, m this city, for favors. May they both increase io usefulness. TUE BURNINO OF COLUMBIA. -A71 inter? esting account ol the "Sack and Destruc- - tion of the City of Columbia, S. C.," has just been issued, in pamphlet form, from the Pheonix steam power press. Orders can ho filled to any extent. A friend was in the Phoenix, ofhee, yes? terday, complaining that lie wa?, to use a slang term, completely "broke." Cn in? quiry, we found he was going to be spliced next week. CROCKERY ANO CLASS WARE.-Messrs. Gregs A Co., at the old Commercial Bank corner, advertise a larg^ sto.?k of goods in this line, which they offer at low rates. These gentlemen are-wo had almost said old residents of the State, but a? both are on the right side of forty, the term "'old' would hardly apply to them. We learn that a raid was made on some Government teams, on Tuesday last, and several mules captured. Tho teamsters were out getting wood, when the affair occurred. The raiders aro being pursued, and hopes aro entertained that they will be captured. We have to acknowledge the receipt of a very neat and handy "combination knife"' from Messrs. Fisher A Lowrance-and they have an assortment of them still left. These gentlemen advertise liberally, keep good articles, sell at reasonable rates, have an cxcollent "run" of business, and there" fore can afford to remember their friends. Success to them, .say we. WEEKT-Y FAMILY PAPER.-On the 14th instant, we shall commence the publication of a family paper, entitled "The Weekly. (,'leaner-A Home Companion." The papex will be double the size of tho Phonj.?', and will contain the cream of thc news, miscel? laneous matter, editorials, stories, etc., in the daily and tri-weekly publications. Sub? scription price $-1 per aimuTm. Specimen copies sent on application./ Ther? will ba an interval of two weeks between th? pub? lication of ibo first and ascend numbers. CHARLESTON BUSINESS HOUSES.-In our advertising columns, this morr.xing^ will bo found a circular addressed to tita mer? chants of the South, to which attention is I invited. Among them ere a goodly num? ber of old names, as well as some new candidates for public favor. Mr. J. S. Phillips also advertises himself as the successor of that old and reliable linn, Edgerton & Richards. Mr. Phillips offers for sale a well-selected stock of goods in bis line-which it is hardly necessary to say is merchant tailoring. Mr. Yglesias also claims to be the successor of Messrs. E. Sz R.; but whoever the claim rightfully belongs to, we venture the assertion that either of the gentlemen will fit you, if you give them an opportunity. SUPPOSED MURDER. -The body of an un? known man was found on Monday after? noon, on the road-side, on the othor side of the river, about three-quarters of a milo from Guignard's Ferry, by a party of hung? ers from Columbia; and a gentleman who passed the spot yesterday morning, informs us that the body is still laying there. Will no one look after it? A bullet-hole through tho forehead shows how the unfortunate being came to his end-but whether by the hand of the assassin or his own, of "ours? it is impossible to say. The remain.-, of a fire show that he had endeavored to make himself comfortable. From appearances, it is supposed that he ! ad been dead seve? ral days, and the pockets of the dead man had been rifled of their contents. The deceased was dark complected, had dark hair, and was dressed in a fancy colored woolen shirt, paper collar, black cloth coat, moleskin overcoat, gray pants and patched boots; but neither hat or cap. This is tho second affair of the kind which has occurred in that vicinity-about two years ago thc body of a woman having been found near there. NEW ADVERTISEMENTS.-Attention is call? ed to tho following advertisements, which are published this morning for the first time: Shodair A Stieglitz-Fresh Bread, Ac. Thos. Flanigan-House to Kent. Gregg & Co.-Crockery, ic. Card to the Merchants" of the South. Sheldon, Hoyt & Co.-Hardware. &c. Lawrence Brothers <fc Co.-Bank Notes. Mrs. B. W. Means-Executrix's Notice. A special despatch to the Balti? more Sun, dated Washington, Feb? ruary 2d, says: In quarters that I have almost invariably found to be well posted, it is stated confidently that Jeff. Davis willi be tried by a military commission. Secretary McCulloch has been con? stantly weeding corrupt men out of offices under his control, without respect to politics. A plea of partizan device will not answer to a charge of corruption and malleasance. Investi? gations are not pretermitted on this head. Powers can be safely granted him iii respect to the management o? the finances, for he is not a politi? cian by trade. The Treasury Department received $5,000 to-day, from a conscience stricken person who got it wrong fully.