The daily phoenix. (Columbia, S.C.) 1865-1878, May 19, 1866, Image 2

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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