Historical Newspapers of South Carolina

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COLUMBIA, Tuesday Morning, June 13,1866. Tho Final Kiepert. The fiual report of the Reconstruc? tion Committee was made on Friday last, and, judging from a full tele _ g?*phio synopsis of it, published in thc Richmond papers, it is more un? just and more full of gross misrepre? sentation than any document which " "has previously emanated from the same Central Directory. We will notice one or two of the most glaring and. flagitious. The Committee say : c "From the whole mass pf testimo? ny, submitted by the President, it appears that, in no instance, iu the Southern States, was any regard paid to any other consideration than ob? taining immediate admission to Con? gress under the barren form of an election, in which no precaution was taken to secure regularity of proceed? ings, or the assent of the people." And yet it is well known that the members of the respective State Con? ventions were elected by "the peo? ple," and that these Conventions or? dered the elections of members to Congress, and, of course, that "the people " elected the members who are now asking for their rightful places in Congress. The report says, again: '4 Indeed, all feeling of conciliation on the part of the North has been reated with contempt. The bitter? ness and defiance against the United States has been unparalleled in the history of the world, considering the circumstances. " Was there ever a more monstrous falsehood than this? No conciliatory movement has been taken, no evi? dence of a desire to do justice to the South has ever been treated with any bat respect and hearty reciprocation by her people. They were rejoiced at every proposition which looked to the full restoration, and hailed with pleasure any symptom, even the least., of returning justice by the peo? ple or politicians of the North. The report, speaking of the South ern people, again says: "The burden rests upon them, bc fore claiming to be reinstated in theil former positions, to show that thej ought to resume their Federal rola tiona. In order to do this, they mus prove that they have established, wi tl the consent of the people, a republi can form of Government in harmon; with the Constitution and laws of th* United States-that all hostile put poses have ceased, and that the; have given adequate guarantee agrip st future treason and rebellion which will be satisfactory to the Go vernment against which they hav rebelled, and by whose army the; were subdued." Everything mentioned in this para graph as necessary to admit our mern bers to Congress has been done full and completely, and every man nc blinded by party rage and fanatics hate must see this. The whole doer ment, as represented.by the summar referred to, is a tissue of false test: mony trumped up by the radicals i their desperation and dying throes. Stiele by thc OM Und. We have, on sever.il occasions when the prospects for the people ( the South were very dark after th close of the war, and when Brazilian Venezuelan md Mexican einigratio societies were urging tho people t the South to seek to better their foi tunes in those countries, uttered or convictions that the better, and coi tainly the most patriotic course, wi to stay at home and aid in the nob; work of retrieving the losses tho wi brought on the Sonta. In this pos tion we were sustained by Gener Hampton and other true Southerner We have now another eviden that we were right. The Hon. R bert Toomt.> is now an exile in H van a, but Mrs. Toomba has recent visited Georgia, and says that h husband's advice to the young nu of the South is, that they remain home, as he considered the Southe States much preferable t<> liraz Mexico, or Cuba. He very truly su that their strength and energies c particularly needed at this time rebuild the shattered fortunes of tin section. This, added to the fact tl their own country is just ?us good not better than the countries nam for making a livelihood or co ni] tency, ought and doubtles will deci many, whose misfortunes prompt them to think of emigrating, to st at home. Mr. Toombs is a wise, exponent and patriotic gentleman, and c Jiving the welfare of the South heart. His words are those of v dom, and should be heeded aceo ingly. r Well fold.. ^ Governor Swanii, ?i ??arylaud, for? merly actiug and .sympathizing with the Itepubiieau party, has lately for? saken it, and written a letter defining his position. The foUowiug. para? graphs take the^true ground oj every ? patriot at this tim?: . I look upon negro auftrage and 'the recognition of the power in Con - gross to control suffrage within the States as the virtual subordination of .'the white race to the ultimate control and domination of the negro in the State of Maryland. "I deny that the admission of the revolted States, by loyal representa? tives, subjects the reconstruction plan of the President to the charge that no guarantee has been secured for ?10 future. The States asking admission have, by a const itutional amendment, granted universal freedom to the negro, and they have further guaran? teed a repudiation of the debts in? curred by them in the rebellion. These .guarantees I deem as securing for the present all that can be reason? ably asked. ?"I look upon the war now. .being waged upon President Johnson at ungenerous, unwise and uncalled-for, and I believe that its longer continu? ance will greatly embarrass the na tional prosperity, by keeping alive s state of uncertainty and distrust ir the public mind, both North and South, certain to eventuate in finan cial tronble-affecting the tide of in* migration now flowing in upon us the domestic commerce between thc States-and exercising a most destrac tive and paralyzing influence gene rally upon all the great interests ol the country." The first position taken by Gov Swann is beyond all question correct and is not only applicable to his owi State, but to all the Southern States Yield the point that Congress has tin power to regulate the suffrage quos tion in the States of the Union forcing, as it has avowed its purpose to do, negro suffrage on tho late slave holding States, and the result wouh be simply anarchy and the ruin o the South. But even the Northen States would kick against such a bar?' faced usurpation of power as to pei mit Congress to regulate their Stat election laws. Besides. Judge Nelso: has declared tho States re stored t their constitutional rights and privi leges, and the right for each to reg? late this question is one of these. Gov. Swann is also right in hi second positiou. The Southern Statt have complied with all the requis tions demanded of her by the Uxeet tive of the Union, and the free dm e in them all is guaranteed protectio to life and property. Beyond tli guarantees given, the South cantu go, without a degree of liumiliatio which ve clo not apprehend she wi submit to. The Governor is right when h apprehends that a much longer coi tinuauce of the radical war on th President "will greatly embarra; the national prosperity. " It will ? more-it will provoke a reactic among the people the radicals mi represent that may lead to a ve vol i tion which may ruin the best int rests of the whole country. Tl people of tho North are already evin ing symptoms of disgust at the d structive course of legislation pu sued by this abominable faction, ai it is not possible that a free raid e lightened people can stand it mu? longer. They must decide to pi serve their liberties by the only cour left them-to oust every radical fro his seat in Congress. Peace, harm ny and a restoration to the good o times of the nation's prosperity w duly follow. THE LAWS AOAIN TKTDMPHAST. the case of Henderson, a contracte who has been on trial before a eon: martial at Nashville, a writ of habt coi*pus was sonio weeks ago issued a judge, directing his body to brought into a civil court. Genci Davis refused to obey the wr Wednesday's New York Times i forms us that General Davis has be instructed (by the President) to oh the writ. Henderson will, of cour: be discharged; and if guilty of a offence, will have to be tried in civil court. These repeated tleeisi? of the President, that military offia shall hold themselves subordinate tho civil authorities, must even tua convince the former that tho day illegal arrests and arbitrary trials 1 passed. The Haleigh Progress, of Wedo day, says: "We learn, from a \ vate letter from Goldsboro, N. that a difficulty occurred, in tl town, on Monday, the 4th inst. T negroes were killed, and Mr. Geo Morrow, (white) chief of police, ^ severely cut in several places. Monday night, an extra police fo of sixty citizens kept duty nil nigh A Western editor says that Hea1 will not permit tho cholera and C greas [to prevail at once in the sa suffering community. . TisSi toBtloli-Wh!? t I? Vcc?<rd. - The National I/?elligcnc?r, v. journal j in the confidence* pf the I1 resident, i and which is remarkable foi* its con servative tone aud teachings, has an article_froin which we make the fol ! lowing extracts: "The question of questions, Shall the loyal Representatives and Sena? tors from the South be admitted? is aa much before th? Congress as it waa six" months ago. Not a step has been taken aa to admission by that only body that has power in the premises-Congress. Its recent ac? tion, stimulating a disposition to ad? mit them by means of constitutional amendments, is seen and felt on all hands to be a mockery and delusion. They are purposely drafted to pro? cur? their inevitable defeat North and South. ' 'Yet, at the moment when the pre? sence, in complete panoply, of an as? sailing foe demands that the banners shall be hung on the outward wall, some watchmen give moro than an uncertain sound They cry all is well, and ?hat Congress und the Pre? sident are so little apart that recon ; cilement is at hand. Under these I circumstances, were it not for the I high intelligence of the American ! Propio, tho cause of restoration of i States would be lost. - "The President ; needs for friends in ! his party, in position, in the press, j iron men, who have enlisted for the i war; who intend to go his way or no way; to take not a step backward; to ? hurl defiance at his enemies, and not to parley with them; to fight thom with tiro, and not seek to ingratiate by base compliances. "The disunion party of Congress \ should be fought not the next week or the next year, but iiow, and j straight on from this day and hour j under all forms and everywhere. 'In I vain," said a great orator, 'after I these things, may we indulge the I fond hope of peace aud conciliation. There is no room to hope. We must j fight-' " j The second paragraph applies to I such doubtful supporters of the Pre \ sident's policy as the New York Times, [ which the Intelligencer clearly demon? strates is not on the right track. The Washington paper speaks as if it j meant something in the two concluding j paragraphs, and wo regard them with 1 pleasure ns a very certain indication ; that thc President is still determined, i as he has frequently said before, that he will bike no step backward. Un I der existing circumstances, we of the South cannot do much to aid the President, but we can assure the In? telligencer that tho whole people of the South, excepting perhaps the Brownlowites, and knaves of that ilk, are with the President, and that he has their prayers and best wishes for the ultimate success of Ids wise and j just policy. And further, wo may be permitted to suv that which we are ! convinced is true, that if ever the op j portnnity should be given them, they ? would evince their "loyalty" to him and the Constitution in any way fu j turo emergencies may demand. As tho Intelligencer intimates there is no time for parleying, the radicals grow fiercer every succeeding day, and, if not defeated in some way, will drive i thc country to ruin. - -* +~ ? Unconstitutional. I Judge Erkskine, presiding in the j United States District Court of , Georgia, has pronounced the test j oath unconstitutional. The motion was to permit Mr. Law to practice in ; tho Court, thc applicant not having j taken the test oath. Tho Savannah j Republican says: Before rendering the judgment, j the Jndgc, in a few brief remarks, i said that the question now to be : passed upon was nuder consideration I before the Supreme Court of the United Smites, and that when the dc cisi >n of that, the highest judicial j tribunal (d' our land, was pronounced, it would thenceforth govern the ac? tion of this Court. The Judge, in I the course of Ins remarks, paid ? high aud deserved compliment to thc ?Hon. HenrvS. Pitch. United States -, District Attorney. I He concluded by saying that three ! of the most learned and eminent ju t rists ol' our State contended against the constitutionality of the statute, and they w. replied to by the Div j triet Atto . y in an argument replete with originality, and evincing th? I unmistakeable ability of the seholai j and the accomplished lawyer. Thc following judgment was thei announced. Upon argument had ot i the said motion of the petitioner, Mr. I Law, and after full consideration o: I the matters of fact and law involvec I in the motion, it is ordered and ad I judged by the Court, that the Act o I Congress approved January 24, I8l>? so far as it was intended to apply t< this case, is repugnant to the Consti tution of thc United States. Motior granted. - -? ?? ? ? Dr. F. M. Robertson, United State; Examiner of Drugs for Charleston has been requested to resign, by See retary Mcculloch, the Doctor no being able to take the oath. Tb Doctor has gracefully complied wit! the request. a? ? mfr jg aS? i flue Co?Ut Of Etrftr? awl Ht?y The announcement by the (Jouit of Errors that tho Stay Law was uncon? stitutional and inoperative and void, has created a degree of excite? ment which it was hoped would not have arisen. An intimation iu a former article by the writer was made, that it would be well, for tho purpose of allaying any unnecessary excite? ment, that the opinion should ho written and published at an. early day. Nothing has transpired which j would evince the design of the Court to meet tho wishes of tho people a nd of the profession. lt is our intention, in this article, to direct the attention of the profes? sion of law and of the people to some provisions of the Acts of the Legis? lature, by which the Court of Appeals was constituted. This Court has been known in the laws of the State as the constitutional Court, and the Court of Appeals, and as the Court of Errora for the trial of constitu? tional questions. lu section 14, of au Act supple? mentary to au Act, entitled "Au Act to establish a uniform and more con? venient system of Judicature," pass? ed 21st December, 1799, (see 7 Statutes, p. 296,) it was enacted, that the Associate Judges shall meet iu Columbia on the Tuesday next after the conclusion of the Circuits in every year, for the purpose of deter? mining all motions which may be made for new trials, and in arrest ol judgments, and .such points of law as may be submitted to them (not less than four Judges constituting the Court, tho Judge sitting on the Circuit having no voice in this Court ) ; and that the Judges aforesaid, in all matters of law, by them decided, au demurrer, special verdict, or motion in arrest of judgment, each shaft give his oj)inion scjiara/ely, with the reusons thereof in irrititu/, and subscribo the same that it may bc kept aud filed with the record. This section of the Act, which cnn I be examined more fully by referring to it, points out very clearly the duty of the Judges of the Court of Ap? peals, aud we shall see that no mate? rial change has been made Lu the duties of these public functionaries by any of the subsequent Acts of the Legislature. By an Act of the Legislature, for the better arrangement of the Courts of Equity, for the establishment of Courts of Appeal for the same, and for other purposes therein mentioned, in thc 4th section, (see 7 Statutes, ')().*>,) a Court ot* Appeals for the Court of Equity was established. This was in December, 1S0S. By an Act to regulate the Courts held by the Associate Judges of this State at the conclusion of their re? spective Circuits, and of thc Courts of Appeals held by the Judges of tho Courts of Equity within this State, and for other purposes therein men? tioned, (sectiou 2d, 7 Statutes, 312,) fit and proper books shall be provided and kept by the Clerks of the said Courts respectively, whose respective duty it shall be to record therein the opinions of the Judges aforesaid, s?>, us aforesaid directed, to be given by them interning, Jbc, going on to give di? rections as tiling these opinions and keeping the records. By the 4th section of this Act, page 313, it is required, that the ([rounds and reasons on which the derisions on those appeals respectively shall be made by the said Judges, shall be given and subscribed by them in writing, and shall be recorded, A c. This Act was passed December, 1811. lt appears from the Acts cited, that the Judges rf both the Courts of Appeal icere required separately to irrite out opinions in each case brought before them on ajipeal: and this requisition was obligatory upon the said Judges until December, 1810, (seo (I Statutes, 31,) when an Act was passed io relieve them from giving separate opinions in ajtpeal ruses, dv., but requiring that l'the opinion if every such fburt shall he written by one of the Judges thereof, and read at ?he time (he decision shall be, made, and signed by all the judges irlt'i concur therein, and then be de? posited with the Clerk or Register, together with such report of the ease from the Circuit Judge who tried the same, as shall be necessary to give in? formation of the points decided." In thc various changes made since that time, no material one lias been made as to the duties of the Judges of the Appeal Court. By examining the first section of "An Act to revise and amend the Judiciary System of this State," (7 Statutes, 325,) it was en? acted thal tlie Court of Appeals, con? sisting of tinco .lodges, amongst other things, "shall exorcise appel? late jurisdiction in all eases brought up from the Circuit Courts, lioth of [jaw and Equity, in the, same manner, a,ol with the same powers awi authori? ty in all resp' is whatever, as ar^ now exercised hu i ..her nf them separately." This was passed in December, 1824. We have boon particular in referring to th<' several Acts constituting the Court of Appeals, so that it may be seen what are the provisions und re? gulations of those Acts, and, more? over, what is the duty of the Judges. Let tin! leader notice particularly those portions of the Acts which ar? italicised, and then judge whether th? Judges ?>f the Court of Errors hav? come up to the requisitions of thc law by which they are authorized tc pronounce decisions which, in theil I M?BB I Tim' ! 11 II 11 j_ effect, Aro final anet con elusive. Will some one deeply skilled in constitu? tional law undertake to unswer the question, whether an opinion of the Court, unless. it is reduced to writing, and containing the reasons of the d?ci? sion, and sahscriheethy a majority, -or the whole of the Judges concurring in it, is a compliance with the law constituting the Court.? If they liave not (Complied with the law, Ys thc opinion in a legal-yen, a constitu? tional-view, binding? Surely, the Judges of tho Court of Errors did not, with hot haste and with an eagerness to rid their minds of the trouble of grave consi? deration, make the decision on the Stay Law. The writer has too mach respect for the Judges of this State to suppose, for one moment, that such was the ease. We will not disguise our object in penning a former communication. It was to get the opinion of the Court made public, to which we have re? ferred, und now we have brought to public view the Acts of the Legisla? ture prescribing the duties of the Court. We desired to examine that opiuion with all tho light we could bring to thc investigation, and if con? vinced that the decision was founded upon sound painciples, we would cheerfully acquiesce, though, as we believe, the consequence will be the utter ruin of the country; but if we j were not convinced, we would pre- ! sent our reasons for differing from j the opinion, so that the people might judge between us, or between them? selves and the Courts. CONVENTION. BEACTQTL.-The following extract from President Johnson's address at the inauguration ol the soldiers' and Bailors' fair, in Washington city, is so beautiful, that it will touch every patriotic heart: "We new rejoice that the land is no hinger to be drenched by fra? ternal blood, ile wu^ld not re-open the wounds and make them bleed afresh ; that was the work of war and contest and struggle, growing ont of i mistaken apprehensions, j Yours is the ! work of peace; to pour the balm that j healing may take place; and what is more proper to that end than to take | up the destitute orphans and educate I them V "He looked next on the other side, ? and what did ho see? A rebel soldier belonging i.i such a regiment. The strife had ended; the contest had ceased, and there was peace. When they were in the field, engaged in strife, it was war; now they sleep in alternate graves, while it is peace, 1 and le! peace do its work. He trust- | ed our country and Government ! would be blessed with peace, and that I confidence and respect for oue an- ? other everywhere would be restored; that those waning and disturbing i elements which separated and di- j vided us in the past may pass away. Ile trusted, too, that the asylum which it was proposed to establish might bc extensive enough to bless all thc orphans. Wc should not in? quire what made them orphans. Charity doth thus behave-they are human beings, and deserve your pro? tection, kindness and instruction." Nxw HAMPSHIUK. -The New Hump shirt.' Legislature convened yesterday. The session is of superior interest, by reason of the fact that a United States Senator is to be elected. Senator Clarke, it is stated, bases his claim for re-election ?'specially upon his alleged a 'itv in getting Senator Stockton ? .polled--a fact that is not set down as creditable to him by jurists or the class of superior men who rank politicians in the public estimate. The three Republican mem? bers of the House have been submis? sive to the Stevens rod. to the end that their chances might not be pre? judiced with the negro element in full standing in the Legislature. Thert" is a handsome portion of the Republican party in New Hampshire that is at heart with the President* including some leading men. They are, however, at a loss ?us to what course to pursue by tho shifting, if not treacherous, policy of the New York Times, ami one or two other pre? tentious journals ihat we could name. If it be a weakness on their port, it is a weakness that betrays like treason. I National Intelligencer, $th. -??-??-?? - lu the United States District Court at Montgomery, on-Monday, an in-: dictaient for treason was read against Judge Wm. G. Jones. The indict? ment set forth that the accused did in December, I860, in connection with j Jefferson Davis, Judah P. Benjamin, ?uni divers others, conspire to ob? struct the execution of the laws of th?> United States, and attempt to overthrow sahl Government by inci? ting to and organizing armed resist? ance and insurrection, ifec. Other indictments wove also found for con? spiracy, and a true bill was also found against (i. W. Gayle, T. S. Casswell and J. A. Works for complicity in t he assassination td A. Lincoln. The Parkersburg Gazette says that the Grand Jury of Upsher County. West Virginia, has found a bill of in? dictment against Mr. Taft, the editor of tho conservative paper at Buck ban non, for printing, posting and circulating ft bill announcing a meet* ingot' the friends of President John? son at that j?lac?- some time since. Mr. Mason, the Confederate envoy to (treat Britain, is now in Montreal, waiting for the President's'pardou. rif?ii- i iT'.n- r Local Items. Mortgages and Conveyance* ot Heal Es? tate Tor salo at thia office. Thc Chairman of the Committee OB Wa t CT Work H roquent? tho mo in bois to mott at thu Council Chamber, thin afternoon, at 5 o'clock. TOMTVOSEO. -Owing to tho serious iUuOM of u momber of the family of one ot Ut? "Johnny ltebs.,'* 'ho concert advertised for thia evening \rill bo postponed. The PlSatnix contains every moraiug^^^ double the quantity of reading matter o^+\w any paper published outside of Charleston. It only requires a casual examination to prove thin assertion. KE-AUUKSTKO. James Er.ysjfc Esq., an aged citizen of Lexington DisFflbt. who, it will be recollected, was discharged from tho Albany tNcw York) prison hy Judge Nel? son, on a writ of habeas oorpus, baa beeq, re-arrested, by the military authorities, and is now in confinement lu thia city. I MI'OK I AN r TO I.MSf HRS OF SHIXI'LASI EUS. We notice among the indictmentpress?t - ed by the United States District Court of Alabama, wa? ono against .Messrs. E. H. Metcalf and \V. T. Hatchet t, for issuing fractional currency bille. They were're? quired to furnish recognizance in the sum of $2,0<J? each for each two indictments. MAH. AKRANOUMENTS.-The Tost Onice i* opon during the week from 8 a. rn. to 1 p. m. and from JI p. m. to 7 p. m. On Sun? day, from 8 to 9 a. m. Northern mail opens 8 H. m.; closes24p. m. Southern " 51p.m.; " 9 p.m. Charleston " ">|p. m.; " ** p.m. OreenvilleIt.lt." ? a.m.; " SJ p. m. Edgefield .* S a.m.; " ?|p. m. AU mads close on Sunday at 2 p. m. TRUTH TX A NCT-SHEM.. We commend tho following to the attention of those ol our merchants who do not advertise. Those who do advertise will lind them? selves justly commended: "We cannot censuro a mau hi business who does not advertise, if he has nothing worth advertising; but the reader must know that the business man who throws j out his feign in a newspaper, and is not ashamed of bis ?tock of goods, can alway? ' furnish better qualities at a lower price than those who, either through sham or penuriousness, never let the publie know" what tliey are doing." TUE ALAR? BEI.I_ -We are pleased to state that thc alarm bell, which was for? merly suspended in the market steeple, has IH-CII unearthed, and having under? gone a thorough examination and trial, was found to have preserved itw fiue tone unimpaired, notwithstanding the fiery or? deal through which it has passed. It is to be placed in a tower, near Sidney Park; until such time as the city finances will warrant thc erection of a proper steeple. This bell was manufactured by Messrs. Alexander and McDougal, in 18?0, and, through the medium of its brazen throat, our citizens were informed of th?; seces? sion of the different States. At 1 o'clock, on the morning of thc ISth of the ever memorable February, the steeple wa? burned, and the bell was precipitated U? thc ground, where its musical notos were j hushed amid the common wreck. SEW Ai>vi:nri.sr:iiKNTs. Attention is call i il to the following advertisements, ?hieb arc published this morning for the first time: Lieut. E. Crawford Iuforma'u Wauted. M. 1). and li. A. ?tawls-Certiftc's Lost. G. S. bower, T. J. bawls- 4* -J. lt. Scay- Mule Taken Up. Meeting of Eut aw Encampment, j I>. 1?. Gregg-Dentistry. P. B. Glass-New Books. I J. A. Enslow A Co.-Cargo of Sugar. _ --< ^ ? ? The Worcester (Massachusetts) Spy j says: "For several weeks past, the impaired health of Senator Sumner has excited the anxiety of his friends, who have urged him to leave the scene of his arduous labors for the sake of relaxation and rest. He suf? fers at times from severe cerebral and nervous disorder, aggravated by prolonged mental effort, and prevent? ing sleep without the aid of powerful narcotics." Is he suffering from the disease uow known as nigger on the brain? j GOOD, rp TRCE.-The Richmond ! Times, of Friday, says: Mr. O'Conor i either applied to the President on j yesterday, or will to-day spply to him, for the release of Jefferson Davis, and we have most excellent authority for announcing that he will at once release Mr. Davis on parole. There is un important railroad pro? ject on foot to consolidate and con? nect all the various roads from Dalton, Georgia, to Selma, Alabama, under the Presidency of General Joseph E. Johnston, who was recently elected President of the Alabama and Ten hesseo River Railroad. j Tlte New York Herald had the fol I lowing startling caption to a long i editorial: "Shall we have the cholera ! or some other dreadful disease in New York?" To which the Louisville ' Journal replied: "You pays your money and you has your choice." i The Lancaster hedger says: The cool nights of last week have had, as we understand, a bad effect upon the \ crops, which were before unpromis I ing. Bad stands of cotton, mst in ' thc wheat, corn bac" ward, are com I mon reports in this vicinity. The failure of a prominent banker of Philadelphia is reported. The fail? li r?* excites considerable comment. He is said to be "short" in gold to a very large amount. General Osterhaus has been nomi? nated by the President as Consul at Lyons, France.