The daily phoenix. (Columbia, S.C.) 1865-1878, May 19, 1866, Image 2
COLUMBIA.
Saturday Morning, May 19,1866.
The Ramp Congre*? not a. li?-gal
Body.
Wc extract from the National Intel?
ligencer, of the 14th, the following
article under the caption of "A Se?
rious Question-Is the present Con?
gress a Legal Body."
The first great paramount question
before every new Congr?s? is to de?
termine who are the members of both
Houses. This question should, in
the logic of events, take precedence
of nil others. It ia on the same
principle that when u meeting of min?
isters or ambassadors take place, the
first, question before all others is the
verification of their powers. The
first duty of Congress in assembling
in December should have been like?
wise to verify their powers. All who
are entitled to seats in Congress should
have been, with ns little delay as pos?
sible, admitted, because they were
the depositaries of the powers of the
country. t i
To do otherwise-to go on exer?
cising the functions of Congress with
numbers of persons excluded whose
rights to seats are perfect-is the
grossest violation of the Constitu?
tion that can be conceived of.
As the matter now stands, each
House has totally neglected to con?
sider whether the' applicants from
the seceded States are entitled to
their seats.
The Joiut Committee have made a
report proposing certain amendments
to the Constitution, with provisions
that the Representatives and Sena?
tors from such States as adopted the
amendment should at once be admit?
ted to their seats.
After these amendments are adopt?
ed, if they art* adopted, then the
question will come up, whether the
particular individuals claiming seats
are entitled.
That ii the question we insist
which should be decided now.
Certain persons are here claiming
seats in Congress, and, in violation
of all the practice of the past, of
every precedent, of the spirit of the
Constitution, each House persistent?
ly refuses to entertain the question of
right.
This legal question; this question
for the decision of which each House
by the Constitution is made the sole
"judge;" this question, in the high?
est sense a judicial question, each
House, in violation of its most sacred
duty, refuses to consider.
It is difficult to imagine a greater
dereliction of duty. It is difficult to
. conceive of a greater violation of the
Constitution. Alas! what a mockery
to talk of the Constitution, when
those who have been chosen to ad?
minister the Government, and who
take im-oath "to support the Consti?
tution," refuse to consider the claims
of these Representatives and Sena?
tors deputed by many States to
participate iu the great powers dele?
gated to Congress by thc Constitu?
tion.
We know that there are some
people who langh at. the idea, "con?
stitutional restrictions," but we arc
not of that class, for, if the Consti?
tution has uo vitality, what security
have we for any right?
lu this paper we have on several
occasions taken the ground that the
men who now pretend to legislate in
the national capitol did not compose
the constitutional Congress of tin
United States. We also expressed
our regret that President Johnson
had approved any action of the "so
called" Congress, whether by Act oi
joint resolution. The decision o!
Judge Abell, of New Orleans, whicl
we publish this morning, corrobo
rates the position we have maintain
ed, and we hail the above article frou
the Intelligencer as a harbinger of th?
good news that the President w ill not
much longer recognize the cabal in
the capitol as the "Congress." Lei
him take this ground, and restoration
and reconstruction will speedily
follow. Ho will have with him tin
hearts (and the hands, if necessary,
of the whole true and patriotic mei
of the United States.
-
Southern itu i ! road Convention.
Afconvention of the Presidents um
Superintendents of the railroad um
steamboat lines betweed Baltimon
and New Orleans, was held in Rich
mond, Va., on the lGth instant, ant
Col. Wm. Johnston, President of tin
Charlotte and South Carolina Rail
roud, wus called . to the chair
The chairman stated tho object <>
the meeting to be to form schedule:
of time and through tickets, with tin
view of making connections betweei
all the Southern roads, in considera
lion of the completion of the Cutaw
ba bridge, on the Charlotte and Soutl
Carolina Road, and the completioi
of all the roads throughout tha&outh
ern States. 1,844 miles of railroat
were represented. Committees oi
schedules and through tickets wer
appointed, and it. is thought, tba
these matters will be satisfactory
arranged in a short t ime.
TU?? Veto 'Mesaage.
We present this morning the mes?
sage cf t?he President vetoing the bill
for thc ; admission'of Colorado. As
was anticipated, it makes a strong
point of tli? small number of people
in that political-"community. ""But
what is most conclusive," we quote
thc National Intelligencer, "is its
striking antagonism to the repnls. e
aud utterly indefensible idea that
when cloven States, with many mil?
lions of -white population, arc ex?
cluded from representation in Con?
gress, .the trifling population of I
30,000 in some other line of latitude
shall have power in one branch of
Congress equal <to a State having
3,000,000 of white people."
-? ? ? s
lien. Howard on Gen. Stcriiiiiaii-Ile
Don't Believe thr Commissioner*.
Thc following letter of Gen. O. O.
Howard, head of the Freedmen's Bu?
reau, to one Kev. George Whipple,
is published. It will be sceu that
though "/ have not tin: ft ids as to
North Carolina, you and your friends
may rest assured that every shadow of
accusation of complicity in crime on
thu part of those officers (Jicre is utterly
without foundation." This is the letter:
"The Ker. (leonie Whipple:
"MY DEAR Sin: When I saw the
article you culled from tho Jirrah/,
written by a correspondent from
Washington of May 7, I cut it from
the paper and enclosed it to Gen.
Whittlosey. I have not yet received
a reply. You will notice my letter,
published in the Herald of the next
day. Now, the Hew Horace James it
the sfmie who was Captain James, A.
Q. M., a man who has ever livec
above reproach iu all matters. As tc
these gentlemen owning plantations
I do not doubt it. There is no speen
lation iu the mutter, lt is true tba
many officers, all through tho South
and uot confined to the Freedmen'i
Bureau, have invested what litth
money thej could in this way.
have never found any cases of tin
prostitution of official position fo
private gain. Our volunteer officer
are soon to leave thc service, and
like provident men generally, the;
seek to secure sonni livelihood. Gen
Whittlescy has worked hard in hi
official capacity, and J believe he ha
never beeu charged with using hi
time other than for the Government
I encourage the setting all idlers ii
work. The people cried, 'The iu
groes will not work,' therefore
urged tho renting and running c
plantations to afford practical exau
plc, to encourage joint compamei
The same malcontents who raised tli
false alarm that the negroes will nc
work in freedom now seek toblacke
the reputation of every mun who hi
i shown the falsity of their theories b
practical demonstration, and declai
i that official position is used to ro
? them of their hands. Wi? had larg
accumulations of poor people, an
we did set them at work.
! "I have not the facts as to Norl
. Carolina, but you and your frient
s may rest assured that every shadow <
. accusation of complicity in crin
' ou the part of those officers there
utterly without foundation.
[ "I expect denunciation of this B
reau, but the same denunciate
could be made against thc Tr casu:
1 Department, or any other Depai
; ment, and the Government, wi
. equal show of justice. The Burel
^ does not do enough to secure tl
rights of the negro, 1 will admit, b
1 it does not burn negro churches ai
- j school-houses; it does not reject u
-1 gro testimony, lt will endeavor
? prevent starvation until the next cr
comes in. it will always keep its
1 gitimate objects clearly in view
- I promoting industry, education a:
. I justice. Very respectfully,
"O. o. HOW ABD,
"Major-General Commanding.
? I "NEW YORK, May 8, 18C6."
.j
, ' THE BCREAV.-Tho Bichmo
[ : Tinos has the following editor
j j paragraph in relation to the niissi
j j of the officers appointed by the 1*
? ; sident to investigate the Freedme
) I Bureau at the South:
! i (ions. Steedman and Fullerton In
proceeded to South Carolina for 1
, purpose of investigating the con
j ti on of the Freedmen's Bureau
j that State Tho further these cc
1 I missioners get from Washington,
1 j more flagrant become the rascalil
3 of *be Burean. In Virginia, tl
found the conditi >n of the Bun
bad, although Colonel Brown is
honest gentleman; in North Carob
3 they found the Bureau a disgrace
- i the Government; and iL is now
j serted that in South Carolina and
' , other Southern States matters are
finitely worse. There was, it see]
* one official in North Carolina v
5 1 was <loing his duty, whereas it isc
.j ! fidently predicted that, like Di<
I uese, the commissioners will seek
" i vain for a single honest agent furt
* I South. These precious guardian:
i tho freedmen are, it seems, v
j ravenous wolves in sheep's clothi
who are practicing in the far So
" ! frauds and crimes at which humai
1 ! shudders. It is sincerely to be
i gretted that Generals Steedman :
n Fullerton are not clothed wi th plen
, power to hang or send tlie.se wrote
I to the penitentiaries of thc vari
? ! States in which their crimes h
I been committed.
Presentment of the Grand Jory nt,
Norfolk, Vu .-"Treason" Committed
June 13, 1K04.
Tho following is the presentment
of the Norfolk Grand Jury against
ex-President Davis for- treason and
rebellion against the Government of
the United States:
THE UNITED STATES OF AMERICA, DIS?
TRICT OP VIRGINIA. TO WIT:
la the Circuit Court of the United States
of America, in and for the District
of Virginia, at Norfolk-Mai/ Term,
?8GG. '
Tho grand jurors of the United
States of America, in and for the dis?
trict of Virginia, upon their oaths and
affirmations, respectively, do present
that Jefferson Davis, late of the city
of Richmond, in the County of Hen
rico, in the District of Virginia afore?
said, yeoman, being au inhabitant of
and residing within the United States
of America, and owing allegiance and
fidelity to the said United States of
America, not having the fear of God
before his eyes, nor weighing the
duty of his said allegiance, but being
moved and seduced by the instigation
of the devil, and wickedly devising
and intending the peace and tran?
quilly of tho said United States of
America to disturb and the Govern?
ment of the said United States of
America to subvert, and to stir, move
and incite insurrection, rebellion and
war against the said United States of
America on the fifteenth day of June,
in the year of our Lord, one thou?
sand eight hundred and sixty-four, in
the city of Richmond, in the County
of Henrico, in the District of Virginia
aforesaid, and within the jurisdiction
of the Circuit Court of the United for
the fourth circuit in and for the Dis?
trict of Virginia atoresaid, with force
and arms, unlawfully, falsely, malici?
ously and traitorously, did compass,
imagine and intend to raise, levy and
carry on wa^ insurrection and rebel?
lion, against the said United States
of America, and in order to fulfill and
bring to effect the said traitorous
compassings, imaginations, and in?
tentions of him, the said Jefferson
Davis, he, the said Jefferson Davis,
afterward, to wit; on the said fifteenth
day of June, in the year of our Lore
one thousand eight hundred sixtv
four, in the said city of Richmond, ir
the County of Henrico and District o
Virginia aforesaid, and within tin
jurisdiction of the Circuit Court o
the United States for the fourth circuit
in and for the said District of Virgi
nia, with a great multitude of persons
whose names to the jurors aforesaid
ure at present unkown, to the num
ber of five hundred persons and iq)
ward, armed and arrayed in a war
like manner, that is to say, with cuu
non, muskets, pistols, swords, dirk
and other warlike weapons, as wei
offensive as defensive, being then au<
there unlawfully, maliciously am
traitorously assembled and gatherei
together, did falsely and traitorous!;
assemble und join themselves to
gether against the said United State
of America, and then and tluvre, wit
force and arms, did falsely nm
traitorously, and in a warlike am
hostile manner, array and dispos
; themselves against the said Unite
States of America, and then and then
that is to say on the said fifteenth da
of June, in the year of our Lord on
thousand eight hundred and sixty
four, in the said city of Richmond, 1
tho County of Henrico and Distric
of Virginia aforesaid, and within tb
jurisdiction of the said Circuit Com
' of the United States for tho fourt
circuit in and for the said District ?
Virginia, in pursuance of such, the:
i traitorous intentions and pnrpos<
aforesaid, he, the said Jefferson Davit
with the said person so as aforesaid
traitorously assembled and armed an
arrayed in the manner aforesaid, ma
1 wickedly, maliciously, and traitorou
' I lj- did ordain, prepare,levy, andean
'. ! on war against the said United Stab
j of America, contrary to the duty <
' ? tho allegiance and fidelity of the sai
. Jefferson Davis, against the Constit
? tion, Government, peace and dignil
of the said United States of Ainorie
, and against the form of the statute
I i the said United States of America
sucli case made and provided.
' I This indictment is found on tesl
i . mony of James F. Milligan, Georj
. P. ?carbury, John Good, Jr.,
Hardy Hendrcn and Patrick O'Brie
sworn in open court, and sent for 1
< the Grand Jury.
> L. II. CHANDLER,
? ! United States Attorney for the D
- ! trict of Virginia.
i I -??-?
General Grant, in a letter nrgi:
' an increase of the army, says that
' small military force is required in t
, I States heretofore in rebellion; und
Jean not be foreseen that this foi
. I will not. be necessary to enforce t
laws; but difference* of sentimei
j engendered by the war, renders t
- pr?sence of thc military necessary
. i give a feeling of security to the pi
' ? pie. He thinks that all tho peaceal
. ; disposed classes of the Southern p?
i i pie will concur in this view.
f Some of the colored people of B
? ton having been excluded from c
* tain of the theatres because of th
color, petitioned thc Legislature
. a law to protect timm in their rigli
1 A bill was reported to punish by f
?r every rejection of persons on accoi
3 of color or race from any liceni
i . inn, public place of amusement, pi
i i lie conveyance, or public ineetii
but it was defeated in the Senate.
Tile Civil Rights Bill Inronsl it sij
?ional.
We noticed, a day or two ago, that
Judge Abell, of the first District
Conrt of Louisiana, had pronounced
the civil rights bill unconstitutional.
"We have now before us thc full re?
port of this important and able de?
cision. We extract therefrom tho
principal grounds upon which this
Judge based his decision:
The Act relied upon, not having re?
ceived the signature of the President,
rests for its validity upon the second
clause of section seven, first article of
the Constitution of the United States,
which declares that "every bill which
shall haveix>assed the House of Re?
presentatives and the Senate, shall,
before it becomes a law, bo presented
to the President of the United States;
if he approve it, lu: shall sigu it; if
not, he shall return it, with his ob?
jections, to the House in which it shall
have originated, who shall enter the
objections at large on their journal,
' and proceed to reconsider it. If,
after such considerations, two-thirds
of the House shall agree to pass the
bill, it shall be sent, together with
thc objections, to the other House,
by which it shall likewise be recon?
sidered, and, if approved by two
thirds of the House, it shall become
a law."
The first clause of section three,
article first of the Constitution,
clearly defines what constitutes tho
Senate of the United States, in these
words: "The Senate of the United
States shall be composed of two Sena?
tors from each State, chosen by the
Legislature thereof, for six years,
and each Senatorsball have a vote."
The term Senate, as used in this sec?
tion, is convertible and synonymous
as used in the Constitution, with that
of "House." used in section seven,
and means tlie entire body, in contra?
distinction to "members present," as
will el.arly appear from the fifth
clause of section three, which de?
clares that the "Senate shall have,
the sole power to try all impeach?
ment?; when sitting for that purpose,
they shall be on oath or affirmation.
When the President of the United
States is on trial, the chief justice
shall preside, and no person shall be
convicted without the concurrence ol
two-thirds of the members present."
In this case two-thirds ot the mem?
bers may remove. The same powei
could have been granted to two
j thirds of the members present t<
make a law, over the veto of the Pre
sident. The law-making power i:
high aud transcendant, and is not o
reason that the framers of the Con
stitution intended to vost such :
power in "two-thirds of the member:
present," which may be less than :
majority of the Senate, as in thc pre
sent case. Such a construction wouh
shock a Republican people, and im
peach the wisdom of the founders o
j the Government.
If my premises and conclusions bi
I correct, the civil rights bill never bc
I came a law. If I am incorrect, is th
law constitutional? This depend
upon thc powers conferred upou Cou
gross by the several States to r?gul?t
i their internal and domestic allum
If Congress has exceeded these pov
ors, the law is unconstitutional, an
not binding upon the courts of th
country. The States, at the time <
confederating, were independent si
vereignties. They surrendered a poi
tion of their sovereignty to thc Fed<
! ral Government. The rights- surrei
dered are defined and fixed by charte:
(the Constitution.) and thc remaindi
are reserved in the States and tl:
people.
I The founders of the Governmen
?jealous of encroachments either 1
I ! construction, usurpation by thc Fedi
j ral Government, or control of faetioi
' at the first session, first Congre
> (March, 17S9,) proposed two amem
ments on this subject matter, \vhi<
were ratified by tho States. Tl
. ninth and tenth articles of the amen
i ments referred to read as follows:
"Article 9. The enumeration in tl
' Constitution of certain rights sin
i j not construe to deny or dispara)
; others retained by the people."
.'Article IO. The powers not del
) ! gated to the United States by tl
! Constitution, nor prohibited by it
, J the States, are reserved to the Stat
' respectively or to the people."
Tho Constitution of thc Unit
States, and thc laws of Congress ma
- in pursuance thereof, is the law
, thc land, and binding on all t
courts of the States; but, in order
? be binding, Congress must 1>.> 1
i 1 stricted to its delegated powers. T
, right to try and punish the i nh ah
. j ants of tho individual States, of \vh
ever race or color, for offences co
' I mitted by one inhabitant of a Sh
> against another, and to preserve t
i general police and good order of 1
' ' Statt1. Was never delegated to Ci
gross, and is of the reserved pow
. enumerated in amendment ten of I
- Constitution, which 1 repeat:
"The powers not delegated to 1
' United States by the Constitute
I nor prohibited by it to the States,
i reserved to the States respectively,
to the people."
" j The Federal Constitution, and
-(laws made in pursuance thereof
r the paramount law, and while
I Federal Government moves in its i
i sphere, is not only paramount, L
. 1 like to the sun in the firmament
0 the centre of power aud attraetioi
t the family of States. They, too
1 Hu ir spheres, are as independen
' the star- are of the sun from ul
; I they borrow their brightness.
Unrepresented Louisiana, pati
in suffering, is devoted to the Consti?
tution nnd laws, but will never con?
sent to lay her sovereignty at thc feet
of Federal encroachment^, party vio?
lence, Or factious usurpation.
Tho "civil rights bill" has been
passed upon by a great constitutional
lawyer, statesman and -patriot, An?
drew Johnson. He speaks like the
fathers; he decided it unconstitution?
al, and vetoed it, as President of the
United States. I am of the same
mind, and believe it to be unconsti?
tutional-not binding on this court.
Sherman denies having burned
Columbia. Hampton proves conclu?
sively that? he did. But Hamilton
happens to bo a Southern man. Here
is evidence from the other side:
IKONTOK, OHIO, May !>, 1866.
EDITORS COMMEKCJAD: On reading
your article in the Commercial, of the
8th, as to whether Sherman or Hamil?
ton burnell Columbia, S. C., brings
to mind an incident that occurred
here at tho time Shermun was resting
his grand army itt Savannah, lt was
understood that be was to march j
through South ( larolina, A petition
was drawn up, addressed to him, (and
it was signed by nearly all who saw
it,) reqnesting i ii in, in casu he
marched through South Carolina, to
desolate the whole State by lire and
sword, as far as the rules of war would
allow him. I know not whether the
petition ever reached the gallant sol?
dier or not. lint ii shows that lie need
shrink from nothing li?- ?lid ou the
march. I heard the .?pinion ex?
pressed a hundred times, at that time,
that everything in South Carolina
should be reduced to ashes, and her
chivalry compelled to wander, beg?
gars, over tl io face; of the earth.
Yours, Ac, -
Sherman "need shrink from no?
thing he did on tho march." What
a confession!
How Mu. DAVIS SPEAKS OF HIS IN?
DICTMENT. -T?o; Fortress Monroe
correspondent of the New York //< -
raid writes:
.'He expressed himself, as T uni
told, greatly pleased at the result,
and hoped that his case would now
be soon decided. He shows himself j
in his converse. ti<ms on the subject to j
have been perfectly sincere in his !
avowals all ulong of an earnest desire ?
to be pla?ai on trial. While 1 do j
not believe that lie for a moment en- !
tertaius any apprehension as to the 1
result of the trial, I am satisfied that
he both expects and desires that the
examination shall be of the mos?
thorough ?md searching character.
His chief point of defence, as he bas
frequently stated, will be based on
the subject of States rights and tho
prerogative granted every citizen of
a State to sustain the official action
of such State. 1 think, moreover, he
feels confident of receiving a fair and
impartial trial, and is willing to abide
the issue. To his counsel, I am told,
he luis already written on the subject
of his expected trial. Come what
will. Jeff*. Davis will show himself no
cowardly prisoner at the bar of jus
tie,-. The attacks in the Southern
press against Judge Underwood and
the other members of the grand jury,
he line-, not, I am satisfied, sympa?
thize with in tin- least, nnd all their
mutterings about packed juries and
corrupt jntlges have no effect upon
him."
"Other members ot* the gmnil
jury!" Very good hit. The Judge
was practically th-s leading grand
juror.
-?.-?
A FAMIIA BCKXTTD TO DEATH.-Hy
a lire which occurred at North Lioyal
I ton, Vt., un the 15th, the house of
Mr. Burbank was destroyed, and
himself, daughter, and ai other young
huly perished ?ii the llames. A barn.
? containing a large IUUUI>IT of cattle,
was also consumed.
Til.- very day that Santa Anna
landed in New York, Homero, the
< Juarez agent, published in the pa?
pers a series of letters written by
! Santa Anna highly eulogistic of Muxi
j milian, and demonstrative of his at?
tachment to Imperialism.
The French Minister, Count Moil
tholon, tolls Mr. .S,-ward that the
French troops now going to Mexico
are to take the place of those wLj.o
have been killed and wounded, and
that they aro not reinforcements.
! On the 10th ins:.nit. thc Louisiana
Episcopal Convention met to elect a
sn..ssovto tho late lamented Bishop
Polk. The I lev. Dr. Malian, of Bal?
timore, is spoken of MS the person
. likely to he elected.
Mr. .lohn Taylor, of Winn.-boro.
S. C., wishes information ol' Iiis two
I sons. Henry C. ('. :m<! Theo. Her?
bert, carviedaway by Sherman's army
when they passed through Fairfield
. District, S. C.
THE CATAWI:A BUTTMTE. Thishcau
: tiful and substantial iron structure is
completed, and the trains passed
on Wednesday for the first time, lt
. is 300 y:irils long, making nine spans.
Some of the Freedmen's Bureau
1 officers, who have been driving hand
; becoming vi ry nervous about tho re
1 port of (b u. Stoedman.
dov. Walker, <>f Florida, by pro
I clamation, ?nnomiecs the jurisdiction
: of the civil courts in cases re?
stored by thc President's peace pro?
clamation.
The Herald's Washington corres
pondent, says timi Ibo ( S-overnmenl i>
withdrawing its funds from tim N:i
(ional Banks.
XJKOCO.1 Items.
BOOTS AND SHOES.-Messrs. J. & A.Ohvcr
axe on If ain street once more. Look out
for the neat little rough-cast building,
above Blandina street, if you want any?
thing in their line.
ANOTHER RICHMOND IX THF. FlKI.D.-Col.
Shiver will furnish a capital lunch to his
patrons to-day. Thc lovers of good thing?
will not fail to attend.
In thc case of Chief of Police '?reen,
charged with killing a freedman uanieil
John Brown, on 1'riday last, the Military
Commission acquitted him of ali blame.
FIRE INSURANCE. -Attention is invited to
thc card of-Messrs. Gibbes .V Huggins, in
this morning's paper. These gentlemen
are agents for a number of first-class com
panios, and offer inducements to those
desirous of insuring.
MILITARY COMMISSIONS. We arc pleased
to learn that un order has been received
at this post suspending the operations of
tho "Military Commission" now convened
for the trial of certain citizens of Laurens
and other Districts. We are credibly in?
formed that thc reign of "Military Com?
missions'1 is over.
I NH?; HAN? K AGAINST ACCIDENTS, - The card
of thc "Great Southern and Western Life
and Accident Insurance Company," (of
which Cen. Longstreet is thc President,)
appears in another column. This is thc
first company organized in the South on
this novel plan; but. its advantages cannot
be over-estimated, aa hy thc payment of a
trilling sum, an individual can secure al?
most a competency, in case of an accident
occurring to Mm. Call?n the agent. Mr.
A. M. Rhett, at the store of Messrs. Haua
han .t Warley, and procure a ciirular,
giving full information.
THE EFFECTS OF TUB HEAVY RAINS.- We
regret to state that tint recent heavy rains
have injured the railroads to sonic ex?
tent. The' Greenville train started out
yesterday morning, hut after proceeding
a few milos, was compelled to return-the
trestle over Crane Creek having been in?
jured. Tlie damage ift but slight, amt the
trains will run through tooday.
The small trestle over Hampton's mill
pond, on the South Carolina Railroad,
about live miles from this city, was also
washed away, yesterday. A temporary
bridge having been constructed, the pas?
sengers crossed and were brought to Co?
lumbia hy another train.
It is reported that several mill-dams
near Columbia have also given way.
COURT OF APFEAXS, Tuc as PAY. May 17. -
lu the Court of Appeals, thc! following caaes
were argued: Richardson, Pinekney, et al.,
rs. Inglesby, Executor, et al. Mr. J. S. G.
Richardson concluded his argument of yes?
terday. Mr. Wilmot G. DeSaussnre waa
next heard in behalf of Mr. Gaillard, one of
the defendants. Hon. James Simons closed
in reply for complaiuauts.
On Friday, Mr. Simons concluded his ar?
gument in Richardson, et al., rs. Inglesby,
I et al., which closed the case.
H. Kahn,-for another, vs. J. McD. Law.
Mr. Richardson beard for appellant.
W. F. DcSaussuiv, contra. "'
De ir. ads. tho state of South Carolina.
Stricken off.
j Hunt a !<. thc State o' South Carolina,
j Stricken off.
i Henderson, Kirtland, H. al., rs. Haddon,
' Slagcr, < I. al. Brief road bv Mr. R. A. Fair.
Tur. RACES YESTERDAY-THK TUOTTIX?
I MATCH. The unfavorable weather of the
j |>aM few days caused serious apprehensions
to he felt that the trotting match- -between
' Mr. Harvey's black stallion and Mr. Doughy
. i rty's brown pony, to skeleton wagons.
\ tor $200, best two in three -which has been
tim topic of conversation for .several days,
i would not come ort'. But eu Friday mom
. ing the sun arbsc clear and beautiful, and
j the race-track was found to be in capital
I condition. There were several hundred
j persons present, and considerable interest
?.as manifested, judging from the number
[ of small bets which were made. Thc black
horse having the adcantnge in years, was
i the general favorite, although the fri.-mis
! of the "little brown" were confident that he
i would do his work properly. The owners
? eif the horses -Messrs. Harvey and Dough
! erty were the drivers.
I At i o'clock, tho horses were called Hie
brown horse having the' track -antLfonT
times they came to thc mark, before .1 faff
start could be effected. During thc heat,
' both horses broke up several times, and
the brown horse lost a sim. ; the black
j came in ahead, tho winner of thc heat.
Time. ?Ol.
! On tbs second heat, both horses came np
. promptly, and went oil wit h..ut any false
starts. Hie black horse came in ahead,
; hui from the fact ot bis having gained
i considerableb\ break-ups, the brown horse
1 was decided the winner. Time. 2.5?.
. Hie third heat was pretty much a repeti?
tion of the secnd: bul as both horses
? broke tip, the beal ?ind race v..- award? d
I to the blaek horse. Time.
j "MATCH RACE." After thc trotting
? there was a match race fur i'rt, for sad li'
horses half mile fer which Mitre were
two horses entered hy Messrs. Dark an.
! Fielding. Mr. Dark's horse won Mn race
' NEW ADVERT?S,.Mr.vrs. Attention is .-all
' ed t ' the foIUn.ing advertisement.-. Shir
'are published thia morning For llie iir-t
j time:
J. Ah d'. Gaston- Real Estate f..r Sale.
Life and Accident Insurance < umpam
S. T. F., Farm for Sale.
.1. H. Kimi 1 Safes. AA
ll:.rd;. Solomon ( heap iWT,i- ><s.
J. ,\ T. R. Agnew Stuart's Syrups
; Uethodist Con gregad! Card of Th aid, s
I DnrbecA Walter Auction,
j Gibbes A Huggins Insurance Agents.
.1. .v \. t ihv. r Roots ami 'di... -
I Wm. Shber - Lunch. i