The daily phoenix. (Columbia, S.C.) 1865-1878, April 15, 1866, Image 2

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

COLTJMBIAv Sunday Morning, April 16, 1866. TUc People m.r* Hight. Whatever may be the disastrous - ^eoadition of affairs in i;he halls de? voted ak the present time, not to legislation for the -weal of the coun? try, but to the accomplishment of mischievous and destructive schemes to keep their authors in power', yet we-have daily evidence-! that the mass of the people of the United States t are awaking to a sense of their daty, and are unequivocally [rebuking"the radicalism of the dominant faction in Congress. The election in Connecticut was - the first popular demonstration against the radicals since the war be? tween them and the President was recognized as irreconcilable. That election shows that over 10,000 voters had forsaken the radicals and their candidate, and gone over to tho platform of peace, restoration and the Union. Chis coming from a New England State-a State where the average intelligence of the voting ranks high. The radicals strained every nerve, used every means, mis? representation, bribery and corrup? tion, to maintain their former posi? tion, and yet failed. The next evidence we find in New Jersey, where we find the Legislature emphatically condemning the radicals in Congress, by refusing to elect a Senator 'tey had unjustly ousted from th Senate to replace him by one of their own stripe, and even the man they had selected to carry out their dishonest scheme refused to become a participant in their shame? less attempt. Public meetings havo been held there since, and town elec? tions have taken place since this fraudulent affair, and the voice of the former and the results of the latte: have rebuked, in unmistakeable terms, the mad schemes of radicalism. Elections which have recently taken place throughout the great West al tell the same tale. In Ohio some public meetings have been held it favor of restoration, and in Kentucky the same. ' The election held in tin great commercial city of St. Louis it very significant, and the*result, as th? Republican of that city states, i "glorious." In St Louis, lost April the radicals elected their Mayor lr 3,268; at the last election the con aervatives have carried the genere city ticket by 3,000 majority. St Louis, says the Republican, ''stand by President Johnson. She endorse his noble and patriotic course, an responds in thunder tones of npprc bation and delight to his annual met sages, his vetoes of the Freedman Bureau and civil rights bills, his recei peace proclamation, his addresses t various delegations of citizens, ant in general, those measures, principli and sentiments which make np whi i* known as his restoration policy." Such, we feel convinced, will I the voice of the people of the who country when the question of decidir between the President and Congre is squarely and fairly brought befo: them. But still the work of usurp tion and wild fanaticism goes on Congress. We have been warned 1 the National Intelligencer that anoth bold and startling movement of tl destructives will shortly take plac and from the giving.-; out of the Cl cago Tribune, which openly advocal the measure, and the letters of Was ington correspondents, that ma\ ment is to be the impeachment of t President. Will the Executive, or w the people, submit to the devck ment of this conspiracy, asks t Louisville Courier. Will they all' the Union to be any longer held d severed? The President is sworn to prot and defend the Constitution, and stands at this moment in the v< Thermopylae of liberty. The peo are behind him by millions, trust to him as an unwavering leader, li God defend the right, and save i country from its imminent peril. President Johnson has isf ..ed order prohibiting Mayor Monroe i Alderman Dixon, of New Orlet from exercising the functions of offices to which they have been el ed, until they are pardoned. A great many comments ure b< made, in the English press, as to fact that the Queen's speech did make mention of the death of I Palmerston. Trade with the We?. The Atlanta Intelligencer, in a forci? ble article/ presents and urges thc great benefits that YVOTI!d accrue both teethe great West n?d to the South by the establishment of intimate trade relations between the two sec- ! tions. It says: "The merchants Of Nashville, Louisville, Cincinnati, and wc may add, of St. Louis anti Chicago, are not blind, we arc sure, to the advan? tages which must result to each of those cities, and to the railroad inte? rests of each, by the establishment of such relations with the "Sunny South"-sunny still, notwithstanding that a dark cloud has hung over her for a time. The three first-named cities, we are gratified to state, have for some months past appeared alive to the importance of securing tho trade of the South; and we have re? cently noticed in the other two, St. Louis and Chicago, efforts being made to the same end. Especially is this true of St. Louis, whose recent efforts to promote the establishment of trade relations with this, and other cities of the South, aro of the most enterprising character, and bid fair to be most successful. We have now before us a copy of tho "Merchants' Exchange Prices Current" from that city, transmitted to us by a reliable firm there, dealers iu produce and plantation supplies, which demon? strates St. Louis as a market to be one of the best of any Western or Northern city, for the Souther* mer? chant or consumer." The West needs the South as e market, and if it should obtain this market, which, above all others, she most needs, her merchants,, farmer? and manufacturers must direct theil attention hither, and, by every mean: in their power, promote what mus? conduce to the prosperity of ead section; while her politicians anc statesmen should not fail to shake of that New England dictation anc policy which have made Western in dustry tributary to its manufactnriiij interests and final power. The Intelligencer has despatched ai agent to the cities referred to in th foregoing, who will call upon au< make personal representations t their citizens in relation to the sub ject. ?We hope he may be successful The Methodist Conference, now i New Orleans, has appointed tw Bishops to proceed to Washingto city, to convey to the President th thanks of that body for restoring th church property, which had been ai propriated by Northern pastors an congregations, to the Methodit Church, South. THE SOUTH CABOI?TSA COUBTS.-Tl Governor of the State of South Cor* lina and the late Provisional Goveri or, Mr. Perry, have represented 1 the President that the Supern Courts of that State will not admini ter justice under the State laws, eve against white men who were crin nais, because of the interference the military authority, under Gen ral Sickles. It seems that, by tl criminal code of tho State, white mi are liable, for petit larceny, hors thieving, Sec., to the penalty of thirt nine stripes, laid on the bare bac There is no penitentiary in tho Stal and the Legislature adjourned wit out creating that institution, wiri is so necessary for all tho purposes civilization. A case carno to the Sti Court, sitting in Charleston, of aggi vated crimes, and, upon convictic tho criminal, who was a white ma and to tho manor born, wassentenc to receivenine-and-thirty lashes. T ceremony was about to be performc when Major-General Sickles forba it in an official order. As tho matter now stands, crii nals of tho white and native ? ; cannot be punished iu South Ca lina according to her own laws, ai as the Legislature is not in sessh j no other code can be provided. The President, in this emergen j is urged to abrogato General Sickl ! order. What the President will j in the case is yettinknown. The m ' taiy order will perhaps be enfore and tito State left to devise some mi of punishment bettor adapted to ideas of the ago. ?Nidional Intelligencer THE REFCBTAC PROCLAIMS : COURTESY.-When Mr. Ben. We confident in the possession of a c stitution like an anaconda, tha Heaven that his dving colleagues i not vote, he will do well to heed manifold rebukes which the cc discourtesy of Mr. Stevens has e\ ed from the decency of the coun Harper s Weekly, radical as red j per, gave Mr. Stevens to the ungr maticul gods lost week. The 'Irii yesterday adds: "Mr. Stevei though an able, earnest statesinai ripe experience and positive cor tions-is too contemptuous of posing views and too unconcilia in manner to exert a ny "such influ? as the Times accords him." {New York CitUe Thero is a negro in Philadel whose feet measure twenty-one in in length, lt is supposed they be used as the next "Republi platform. 'm&mm . ' m i ? 1 ? Sdintorlal Blaiphcniy ?t cb nice?. Wheo? on Thursday, a motion was ruade to ?x an hour oh Friday in ad? vance, in order that two sick Sena? tors could know -when to absent themselves from their beds long enough to vote On the civil rights hill and return, the intense but tur? gid outburst of Wade immediately arose, blasphemously thanking God for tho affliction of those Senators, (known to be opposed to the bill,) and, construing it aa a Providential interference for the sake of affording him and his party the.present oppor? tunity to carry the bill, insisted on a vote forthwith. The Senate waa shocked. Mr. McDougall arose and administered a most effective rebuke, whick was pronounced by .Republican members as most fit and just. The scone was most impressive. The whole assembly seemed to be in full sympathy with Mr. DcDougall'n brief speech, and the countenances of all, save Mr. Wade, plainly responded amen to all he uttered. Mr. Mc? Dougall said: "Mr. President, the Senator from Ohio is in the habit of appealing to his God in viudication of his judg? ment and conduct. It is a coojon thing for him to do so; but in view of the present demonstration, it may well be asked, who and what is his God? In the old Persian mythology, there was an Oromasdes and an Ahri? man-a God of light and beauty, and a God of darkness and death. Th? God of light sent the sun to shine, and gentle showers to fructify thc fields. Thc God of darkness sent th?: tornado, and the tempest, and th? thunder, scathing with pestilence thc nations. And in old Chaldean times, men came to worship Ahriman, tht God of darkness, the God of pesti lenee and famine, and his priests be? came multitudinous; they swannee the land; and when men prayed then their offerings were: We will not sow a field of grain; we will not dig t well; we will not plant a tree. Thest were the offerings to the dark spiri of evil until a prophet caine who re deemed that ancient land. Hut ht did it after crucifixion, like our grea Master. The followers of Ahrimai always appealed to the same spiri manifested by the Senator from Ohio Death is to be one of his angel now, to redeem the Constitution am the laws, and to establish liberty Sickness, suffering, evil are to be hi angels, and he thanks the Almighty his Almighty, that sickness, danger and evil are about. It may bc a goo? God for him in this world; but i there is any truth iu what we lean about the orders of religion in th Christian world," his faith will no help him when lie shall ascend u and ask entrance at the crystal doors If there can be evil expressed i high places that communicates ev: thoughts, that communicates ev teachings, that demoralizes the yout who receive impressions as does th wax, it is by such lessons as the Sem tor from Ohio now teaches by wor of mouth ns Senator in this Senat hall. Sir, the President of th United States is a Constitution! officer*.clothed with high power, an clothed with the very power whic he has exercised in this instance, an those who conferred upon him tho;^ powers were men such as Madiso and Jay, and Hamilton and Merri and Washington, and a host < worthies-men who, 1 think, knewi much about the laws of governinen and how they should bc rightly b: lanced as any of the v;i.sest who no sit here in council. It is the duty < tho President of the United States t stand as defender of the Constitutic in his place as conservator of tl rights of the people, as tribuno > the people, as it was iii obi Hon when the people did choose their ti buues to K? into the Senate Chamb among the aristocracy of Rome, ar when they passed laws injurious the Roman people, to stand ont ai say, '1 forbid it. ' That is the ve power, incorporated wisely by o fathers in the Constitution, conferrt upon the President of the Unit? States, and to be treated with co sideration; and no appeal of the Sen tor to his God can change the Co stitution or tho rights of the Pre: dent of the United States, or c. prevent a just consideration of t dignity of the Senate body, by p* sons who have just eonsideratio who feel thut they aro Senators, is a strange thing, an exceeding strange thing, that when a few Sei tors in tho city of Washington, ill their houses, give assurance thstth can be present to act upon a gr< public question on the day fcllowii that we should hr.ir a piece of dec marion, the Senator appealing to 1 God, and saying with an 'Io triump air, well or ill, God has made th? ill. Sir, the God of Desolation, t God of Darkness, the God of Evil, his God. I never expected to lu such objections raised among hon able men. I never expected to h snell things in this hall, anti 1 r simply to say, that such sentimo were to be condemned, and must ceive my condemnation now and he anti if it amounts to a rebuke, I tr , it inav be rebuke'." -+^0, v ...... A few days ago a highly -. esp. . Friend was disowned by the mont j meeting at New York because he ] j a piano in his house. Ix)TAi/nr-WHAT IS lt?-The editor of the Chattanooga Union, who fought four Tears iu the Federal armies, and is still as much attached to the Union as ever, makes the following sensible remarks in relation to what c< mst i tutes '? won kl confess ourselves under obligations to any one competent to i inform us who would tell us in what loyalty consists, and to whom fealty is due. Unless the teachings of the greatest statesmen of the country were wrong, there can be no allegi? ance due from a citizen of the United States to any person, but only to the1 Constitution of tho United States, and that loyalty consists solely in obedience to tim laws, and respect and reverence for the Constitution of ! the Uuitod States, and secondly, to I tho Constitution and laws ot which j ever of the several States any one I may cliance to reside in. i "Such, at least, are our opinions upon this point, and we are unaware of any constitutional provision wliich makes it necessary to curse rebels in order to establish our own loyalty. In point of fact, we deny that there aro now any rebels. Certainly those who engaged in the rebellion, hue who acknowledged its defeat, and are now using every endeavor to show themselves good citizens, ure not rebels, and, if they have done wrong previously, it would certainly be more sensible to encourage them in their present well-dc g than to berate them for their former errors. "For those who are still striving to stir up sedition and revolution, no matter what side they may have es? poused during the late war, we have nothing but blame; but to those who now respect the Constitution of the United States as the supreme law of the land; who are willing to obey all the laws, and who arc striviug to 'do their duty in that state of life to which it has pleased Qod to call them, ' we say, without caring to examine into tho past record, you are now the loyal men of the country. "We stand, then, firmly upon the platform, that no other test of loyalty eau be rightfully demanded of any man than to acknowledge the Consti- j tution of the United States as the su? premo law of the laud, and to obey all the laws of his country." PROGRESS OK RECONSTRUCTION.- ! Ben. ('. Truman, of the New York Tinas, was before the Reconstruction Committee a few days ago, and testi- ; i ried at length of affairs in Texas, Florida and Louisiana, after a tour of eight mouths in the South since the I war. The people of Texas and Flo ; rida, he says, particularly seem to . have accepted the situation fairly. Ho i saw no acts of unmitigated disloyalty I during his trip, but on the contrary, i tho people almost everywhere evinced I a determination to obey the laws, in ! eluding those growing out of the late war. He conversed with two-thirds I of the ex-rebel generals, and they all I stated that in case of a foreign war j they would offer their services to the ' United States Government. He also j testified that although there were j I thousands of people in Texas who were in favor of negro suffrage, he did not think tho masses of tho peo- j pie would be favorable to Senator | Stewart's resolution. Ho thought | troops were necessary iu Northern 1 Texas to protect loyal men, as large numbers of Quantrell's, Shelby's and Duff's commands, most of whom were Missourians, infested that neighbor- ? hood. < Mherwise, no troops were necessary. Mr. Truman testified that ! he passed through all the rich Coun j ties of Florida and Texas, and the j freedmen were at work and doing j well ; there was perfect harmony ex I isting between the former master and I slave; that he conversed with tho j delegates in tho late convention and j other loading men upon the subject, anti they all concurred in saying that tho freedmen wore doing first-rate. , There could be no mistake about the ; good treatment of the colored peo? ple. On tho whole, he believes that tho people of the South, with few exceptions, meant to be loyal and could be trusted. ! This testimony comes after eight j months' careful inquiry, and ought to have weight in Washington and else I where. VICTIMS OK A MILITARY COMMISSION. The Alexandria < ?mette thus describes the departure of the young mmi re ' cently tried and convicted there by a military commission: A rumor that the 1'Christmas riot" prisoners had been sentenced and were to bo sent off, had been circulated through tho city, and towards the hour for the 5 o'clock Washington train to start, a large crowd, includ? ing many ladies, had collected nt the upper end of Duke sfreet, to witness their departure. We will not attempt to e xpress the feelings excited in all tho spectators of this sad ending of, at most, a Christmas frolic; but the appearance ol five residents of this city born and raised hero and known to all our old citizens as hon est and upright young mon, mana? cled together >\ ith iron hand cuffs, ami carried tiirough the .street iu charge of a military guard, after the issue of the peace proclamation, was sufficient cause of anxiety to all. The sobs and cries of some of the ladies wore plainly audible, and the feelings of one were so acted upon that she fainted and fell npon the streets. ? < ? ? - - English statistics prove that pauper idiots aro twice as numerous in the agricultural districts as in the manu factoring districts DB. BmowxsoK ON RECONSTRUC? TION.-The following ia the con?ilu? si?n of a late letter froid Dr. Orestes ?. Brownson, on the subject of re? storing7 the Union: . 11 do not accept aU the reasons as? signed by the Executive for vetoing the Freedmen's Bureau bill, nor do I approve the taste or temper of his 22d of February speech ; but I do up? hold the veto itself. And, if he bas not already done it, I hope he will veto the civil rights bill. Both of these bills indicate, no doubt, strong sympathy for the negro, which I feel as deeply as any one; bnt they indi? cate, also, a strong tendency toward consolidation, that cannot be too speedily or too earnestly resisted. My plan of reconstruction would have been to hold the late rebel States under Provisional Governors till I felt sure that they would, if restored, whatever might be their personal feelings and convictions, conduct themselves as loyal members of the Union, and then have authorized the electoral people, without exclusions, to call conventions to re-organize State Governments, and apply for the admission of their Senators and Representatives elect to seats in Con gross ; and I do not believe that there j has been a moment since the surrender ; of Lee and Johnston when this could ! not have been done with perfect safety. As matters now stand, I would, could I have my way, proclaim a uni? versal amnesty, recognize as many of the States as have Governments framed or acquiesced in by the elec- j toral people, admit them at once into the Union on terms of equality with the other States, with their Senators and Representative?, found to be duly elected, to possess the requisite quali? fications, and to be able to take the I oath prescribed by the Constitution, | j without raising any question as to j their past loyalty or disloyalty. What the country now watits is union and peace, time and opportunity to reco? ver from its wounds. Let by-gones be by-gones. CHOPS. FREKOMEN, SZC.-A corres? pondent of the Macon Telegraph, writing from Pulaski County, Geor? gia, April 4, says: I presume a brief letter from this section of the State will not prove entirely non-interest? ing to your many subscribers, j The freedmen are the chief trouble here among farmers. Scarcely a farmer has succeeded in keeping, ac? cording to contract, the freedmen j whom he has employed. You can see them daily traveling j from place to place, pretending to desire employment. When you ask them, why they left their employer, (with whom they had made a wrritten contract) they tell yon various con? flicting stories, in order to justify their own conduct. I presume there will be in this j County about one-third, or perhaps a ! little upwards the cotton made, even j if the freedmen work, that was made in the years 18G0 and 1861. The United States Consul, at Fun ? chai, in a despatch to the Depart? ment of State, says that a large num? ber of poor, but honest, and hard \ working laborers of Madeira, who are skilled in the raising of cereals, the vine, the sugar-cane, ?c., and in gardening, are anxious to emigrate ? to this country, but have not the ? means for accomplishing that object. ? The Consul indulges in the belief that at least 10,000 of these persons could be induced to migrate, if con? tracts could be made with parties in this country to pay one-half of their passage money, which would be re? paid in labor upon their arrival here. [National Intelligencer. i An exchange says that a basket of ? magnificent flowers was sent from I the gardens of the White House to j tho ladies in charge of the Floral ; Temple at the Baltimore Relief Fair, i Some surly radicals, quick to snuff j treason in the tainted gale, may find j in this contribution to a Southern I charity another evidence of the Pre i sident's disloyal sympathy with trai J tors. They are not above such petty ! malignity. But every generous heart ] will approve the sentiment which ! prompted the graceful offering. It is understood that the ladies of the President's household were the do? nors.-New York News. BI TTER. -It is said that, in conse- ? quenco of the cattle pbigue, large ! ; quantities of butter and cheese are i i being shipped in this country to Eng? land, and that this is the explanation of the great rise of butter here. The I news by the ste?mship Belgian, which i I arrived at Portland, Maine, on Tues i day, is that, on the 29th ol April, j butter had fallen Od. a pound. But- j ! ter has, no doubt, been hurried from ! all quarters into England, and a glut | in the market is the consequence. MORE COTTON BURNED.-The ship . George Turner, having on board 1,400 bales of cotton, and bound to j Liverpool, has been totally burnt'at : the South-west Pass, below Apala chic?la, l'art of the cotton -some j 3iX) bales -saved. Tho Northern (radical) papers are i still enjoying the luxury o? calling : Captain Semines 'thepirate' Sommes. We wonder what has become of South- j ern plate, pianos, etc., stolen during the warby Federal olficers? Looper, of Bickens District, who killed Col. Miller* of North Carolina, some ten days since, has been admit? ted to bail by Judge Moses, in the .um of $22;000. Local X*< Mortgage? ?nd Conveyances of Real Ea - tate for sale at thia office. RELIGIOUS SERVICES THIS DAT.-Trinity Church- Rev. P. J. Shand, Wh a. m. and SJ p. m. Presbyterian Church- Rev. Geo. Howe, 10| a. m. and 3j p. ut. , Baptist Church-Rev. J. L. Reynold?, hH a. m. Rev. Wm. T. Capers, 4 p. m. St. Peter s Church-Rev. J. J. OCouuell, 10$ a. m. and 84; p. m. ~ Lutheran Church- Rev. A. B. Rude, 10} a. m. Christ Church Lecture Room - Regular services at 104; a. m. Marion Street Church - Rev. E. G. Gage, RH a. m. and 4 p. m. A HOME COMPANION.- -The proprietor of the Columbia Phoenix will, on the 18th in? stant, commence the regular publication of the Weekly Cleaner a mammoth paper-containing forty-eigJU coluinn* of reading matter, embracing tales, anec? dotes, poetry, editorials, correspondence., telegrams and news matter generally. The Cleaner is published for the accom modation of those persons residing in re? mote sections, accessible by mail only once a week, and at thc same time to provide au agreeable pastime for readers of all claren. The gist of the reading matter contained in the Daily and 7W- Weekly Phoenix, will bc published in its columns. The paper t* furnished to subscribers at $4 per annum; ?1 for three months. For? ward your subscriptions at once. Mrs. Murray's second concert came off on Thursday evening, at Gibbes' Hali, lt was as well attended as on tho preceding evening, and the ?ann- satisfaction was exhibited by the audience. Mrs. Murray was even in better voice than at the ?rst. The sougs, '"Tis the Harp iu the Air" and "Come into the Gat den, Mand," were given with great feeling and exquisite taste, and were enthusiasti? cally received. Mr. Clayton's song, " Little Blossom," was beautifully rendered. The ballad is admirably adapted to his rich tenor voice, and his tine taste enables him to do the song full justice. * Mr. Corbett, in thc duet>., from Rigoletto, with Mrs. Murray, and his song of " Saul before his Last Battle," far surpassed airy of his previous u flor ts iu Columbia. His full, deep baritone voioe seemed weil adapted to the sentiment of the songs. He was compelled "Ho answer the vociferous call of th-.; audience, and he, iu response, rendered, very effectively, an air from Norma. Mr. Joseph H. bench performed his part in a thoroughly scientific and artistic man? ner, and received the most unbounded evi? dence of the appreciation of the audience. Columbia may well be proud of the repu? tation her young musical genius is achiev? ing. Mr. De nek, Sr., performed most admira? bly on the zither, and his execution waa the theme of general remark aud com? mendation. It has been stated (but not authorita? tively) thai Ur. Clayton will, with the as? sistance of Messrs. Corbett and Durbec, and, probably, some other choice spirits of the same ilk, give a concert at no far dis? tant day. A DKUOHTFCI. RESORT.-In company with several of the dignitaries of Colum? bia, "the local" visited Mr. McKenzie's . new icc cream garden, last night, and par? took of some ice cream, Roman punch, cake, etc., and he is confident he but speaks what will be the universal senti? ment of the community, that it is a neat and handsomely arranged place of resort. There are fourteen or fifteen light and airy-looking booths around the garden, each with a very pretty transparency over thc door, (the handiwork of the well-knowu auctioneers, daguerreotypiats, humorista, and good fellows generally, Durbec A Walter;> the place is illuminated with Chi? nese lanterns, and, as a consequence, a subdued light is disseminated, which is conducive to love-making as well as ice cream eating. Mr. McKenzie will receive the thanks (and the patronage, also,) of the citizens generally, for this further evi? dence of his earnest desire to add to their pleasure. The garden is situated on the lot adjacent to the confectionery, and is ia a quiet and retired part of the city. NEW ADVERTISEMENTS. -Attention is call? ed to the following advertisements, which are published this morning for the first time: Fisher A Lowrance- Gaiters, Ac Tho?. IL Wade-Tax Notice C. Minor-New Saloon. Dr. C. Ii. Miot-Late Arrivals. Wright A Drennan-Blacksmith Shop W. or J. A. Shiell-Lots to Lease. Kay A Hewetson-Notice. IMPERISUABLE TEETU.-Can the teeth bu rendered imperishable? Unquestionably they can. Sozodont, used daily, will reu der" the enamel absolutely proof against decay, harden tho gums and expel from the whoie dental apparatus every offensive and pernicious element. t In the House, on Monday. Mr. An? cona, of Pennsylvania, offered a serie? of resolutions in favor of abolishing the tax on incomes arising from labor merely. This proposition, so just to the working man, was, naturally, at once resisted by Mr. Thad. Stevens, upon whose motion the resolutions were laid upon the table. Brown, tried (and discharged) for rape at the recent term of the Green? ville Court, has l>een recommitted to jail upon the charge of assault and battery with the intention of coi? milting rape. The lust clause of tko charge is the same for which be been discharged.