Historical Newspapers of South Carolina

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COLUMBIA^ Thursday Morning, Jt?y 12, 18^. ? ? I-J ! I'M' r ."? -, --.? "I 1 I ? ? Thc Effects of Political Misrule. The Richmond Times voil says,. ' neither foreign labor nor capital will SQBik the South while her status is nndeterinined." Thia is unquestion? ably true, for capital shuns an vin se t : tied state of politicsin any country, and especially will it avoid a section which has been devastated by war, - - and whose people are still denounced by the National Legislature as unre? pentant rebels against the General Government. Capital cannot see the. end of the singular and anomalous position of the Southern States of this Federal Union, with its half mi? litary and half civil government, and . - labor sees no permanent foothold among ns so long as a bureau of the . Government undertakes to regulate the only labor we have. This is a painful condition of af? fairs, but it is true as it is saddening. Were it not for the effect of unjust legislation on our material interests, we might snap our fingers at our ex . elusion from Congress, as it only prohibits us from an association with a majority in that body, which would not certainly increase our self-respect. Indeed, we have had such a surfeit of politics in the years that .have passed, that we could afford to drop them for some time to come, if this were thc only deprivation we had to endure; but this is not all. Besides the prevention of the labor and capital we so much need in the South at present, an effect almost equally deleterious to our interests results from our present condition, and that is, it is depressing the spirits and energies of our own peo? ple. Men cannot work with a will work with such energy as the shat? tered fortunes of the South demand for their recuperation. All is gloom and uncertainty for the future, politi? cally speaking: and the men of the South don't know yet but their poli? tical position may remain as it is; nay, if there is not a speedy improve? ment, it must be decidedly worse, for the faction that has us at present under their thumb will not be eon tent to let us remain even in our pre? sent humiliated condition as States, but will add suffering to suffering, so long os they conceive it necessary to the retention of their political power. It is on this account, if the perse? cution of the radicals be permitted to go on, that we apprehend a con? tinued depression of the energies of the Southern people. We can only exhort them to patience and endur? ance. Thus far, they have exhibited these qualities in a remarkable de? gree, and a few months, at farthest, will throw some light on the dark and gloomy future. The elections in the North and West, next fall, will undoubtedly indicate, in theil result, the political status of the Southern States, for some years tc come. Constitutionality of the Test Oath, Wo are indebted, -we presume, tc the author, for a pamplet copy of th? argument of Hon. W. D. Porter, be foro Judge Bryan, recently deliveret in Charleston, on the constitutionality of the "test oath," as applicable U attorneys practicing in the Unitec States Courts. The following are the grounds upoi which Mr. Porter based his adinirabh argument against the constitution ality of the oath: 1. That Congres: had no right to impose upon any per son any other political oath than thu prescribed by the Constitution. 2 That the act is unconstitutional, be cause Congress has no right to dc prive an attorney of his o?ice other wise than by the judgment of hi peers or by the law of the land. 3. 1 is unconstitutional, because it is a ex post facto law. These points Mr. Porter has con pletely sustained by argument an by numerous legal authorities. 1 will be remembered that Judg Biyan, after hearing the argument on the occasion, decidod against th constitutionality of tho Act imposin the test oath. KIDNAPPING OF FK?BDMEK.-A co: respondent of the Mobile TVibur says: I believe that very many negro? have been run over to Cuba and sol since the war ended, and I am voi anxious to find out who have bec most implicated in tho dirty busine --Northern or Southern men. It a question worth asking, and, if can, I am going to get an answer it. Sot a Third Party. We think some of our cotempora ries commit- a grave error on being j distrustful of the proposed conven? tion at Philadelphia, on the ground ] that it i? a mere party movement to create a new political organization. The objecte, we moon those avowed, are, first, to sustain the President's policy of restoration, and secondly, to devise some measures to insure the early admission of thc Southern States. There is a strong evidence that it is not to be held for the purpose of forming a third party, in tho fact that tho old, compact and well organized Democratic party of the country propose to participate in tho delibe? rations and action of the convention. Their endorsement of the call for this convention is explicitly put upon the ground, that "dangers threaten the Constitution" from the present majority in Congress; that the same party has denied, for seveu months, the right of representation to eleven j States; and, their endorsement fur thor, says, this "state of things! should bo removed at once and for: ' ever." We cannot imagine or conceive any reason -why the Southern States should hold back their moral sup? port from a meeting whose object and purposes are so explicitly an? nounced and promulgated, both by its projectors and endorsers, tho lat? ter an already strong political organ? ization, who, to-day, could cast half, or nearly so, of the popular vote of the country. In short, it must be obvious to all, that the overthrow of the radical party, by any and every means, is one of the most patriotio aud the most important political necessities that ever pressed upon the energies and action of the American people; and, while we would deprecate any entangling political alliances on the part of tho Southern people with any party whatever, we view the pre? sent movement to defeat the destruc? tives iu Congress as one infinitely above any party political intrigue, and, therefore, hope that tho people of the South will give it their most cordial support. ?, ?-???-? Missouri Moving. The conservatives of Missouri met in convention nt St. Louis, on the 3d instant. Tho St. Louis Republican says that nearly 2,000 delegates were present from all parts of the State, and that a more imposing body of men never assembled in St. Louis, j Hon. John S. Phelps presided. ! From the report of the proceedings, ; we extract the resolutions adopted: | "Whereas, a National Convention I is called to sit in the city of Philadel- 1 phia, on the 14th proximo, on a basis which recognizes the equality of the States under the Constitution, and the right of the people of each State ! to representation in the Congress; , therefore "Resolved, That the conservative ? people of Missouri, represented in ! mass eouveution, hailing this move ment with profound satisfaction, will ' respond to said call; and that we will j not countenance any attempt to pre- ' vent a uniou of all the conservative i elements of whatever name, in oppo- ? sition to the party which seeks to an nihilate free institutions and consti- ! tutional liberty. "Resolved, That a committee of i ono member from each Cougressioual District be appointed to report four delegates from each Congressional District, and eight from the State nt ! large, to represent this State in said ; Convention." On the second day, the convention ! elected four persans from each Con- j gressioual District, and niue from the I State at large, us delegates to the j Philadelphia Convention. Among 1 thc latter are Congressmen Hogan j and Noell. As Missouri, liko Tennessee, has ! suffered much from the misrule of the radicals, it will be seen from the \ above that her true conservativo citi- ! zens have lost no timo in taking the preliminary steps to aid in subverting tho power of the dangerous faction. We conversed, on yesterday, with an intelligent gentleman, (says tho Raleigh Sentinel, of the 7th instant,) ] whose political information and pub- ! lie service enable him to judge cor- [ rectly, who has spent some weeks in I Washington and in the Northern States, who assures us that the con? servative people of the North are rallying to the support of the Presi? dent aud tho Constitution. Ho says the deep, strong, ground-swell of the popular opinion is moving in that di? rection, and that the friends of Con? stitutional Union are becoming san? guine of success. News from Abroad. Tue follow inf? telegram is floating about in our Western exchanges: "MTJBDEB.-COJJTJMBTTS, S. C., July 4.-Hon. Barrowell Hewett, a dis? tinguished citizen of this State, was shot, yesterday, while going to his plantation, near Charleston. He re? ceived two loads from a double-bar? reled shot gun. About twenty mi? nutes after receiving thc wound, he fell from his borsc and died. It is not known definitely who tbe mur? derer is, but it is supposed to be a negro who had expressed strong ani? mosity against the family." No such man ever lived here, nor no such crime was committed in this neighborhood. It is a precious spe? cimen of correct telegraphing, for the despatch evidently refers to the murder of Mr. 13. S. Rhett-tele? graphed to ninny other papers, North and South, as "Hon. Barnwell Rhett"-near Charleston. Tho wires must have transmogrified the name, or they must have accomplished tele? graph decipherers where those de? spatches were received. Our Dead <xt Gettysburg. We extract the following passages from a letter wc find in one of our Georgia exchanges, relative to the Southern dead at Gettysburg. The letter is written by the widow of a gallant officer who fell at the head of his regiment at Gettj-sburg, und con? tains a suggestion worthy" the con? sideration of tho people of this State, Georgia and others whose troops were in action on that battle-field. It will be seen that this lady says that of 1,500 buried on a farm near the heights, that most of them were South Carolinians and Georgians. We give the writer's suggestions, and leave the matter with our readers: Near the heights of Gettysburg is a farm, in one or two of the fields of which are buried 1.500 of our dead. I have tile statement from the farmer himself, who asserts that most of those were South Carolinians and Georgians. The sentiment wliich hallows those places at the South, und will forever preserve from desecration tho grave? of our sleeping heroes, is unknown in that section, adverse to Southern interests, when thc productive value of land outweighs consideration foi Southern valor or veneration foi Southern graves. Tho farmer? of that section 'will undoubtedly culti? vate all our sacred burial grounds in the fall, if wo do not, in the mean time, provide for our dead a suitable place of sepulchre. The particular farm to which I allude being for sale, it occurs to nu that 'a more suitable spot for a eenie tery cannot be obtained than thu field near the heights, where most o our Georgians and South Carolinian! fell, ami where they are laid side In side-a noble army of martyrs. I suggest that tho two States com bine in the purchase of a plat o ground of suitable dimensions tc contain the graves of those whoshal bc removed from the adjacent field: and country, and that an agent bi sent from one or from each of tin States, to complete the purchase am to remove the dead. _.---?????. Tennessee Leg ??Int ure. As tho action of this body in rola tion to the ratification of tho const i tnitioiral amendment is looked to wit! interest, we extract tho following being the latest from Nashville, fron the Union and American, of the Ntl instant: At the adjournment, on yesterday the Semite, having a quorum, notifie* tho House of Representatives that i was ready to proceed to the busincs for which the Legislature was eon vened. The House, upon a call of tho roll numbered fifty-one members-liv less than the constitutional quorum and nothing in the proceedings indi cates that a quorum will be presen on Monday. The action of tho Governor, i: transmitting a message, and the pr? ceedings of the Senate in regard t it, can avail nothing until thc lions is able to inform the Senate of th presence of a quorum of its men hers. A quorum of both Houses, cac properly notified of tho fact, const tutes the Legislature, and otherwh there is no Legislature, in a constiti tiona! or legal sense; And the on] power that either possesses in tl premises is that of adjournment. Nevertheless, tho temper of tl Senate, as displayed on Friday, an the intimations current on tho street; yesterday, makes it not unlikely th; the radicals will assume that tho L gislaturc is in session, and proeet b> go through tho form of ratifie tion, in a few days-quorum or i quorum; and that the Governor wi forward this action to tho Depar mont of State under bis official ser Indeed, wo ai e inclined to think th such is the purpose of tho radio leaders. Mr. Weatherley, State Senat from Marlboro, had a blooded rac stolen from him a week or two og The horse was recovered near Ash ville, N. C., but the thief escaped. ? The United Butte? Court and Gene? ral Sickle.?. We learn from the Charleston Cou? rier that the eon rt room, on Tuesday, was crowded, os it was reported that Gen. Sickles would be present, and much interest was manifested to hear his answer. Thc General, however, did not appear. Marshal Epping waited upon that officer, was courte? ously received, but informed by tho General that ho hud telegraphed to Washington, and under instructions received, was compelled to decline the .summons. Mr. Phillips, District Attorney, contended that there was no con? tempt in the message of Gen. Sickles in reply to the service of tho writ of habeas corpus ou him. Mr. Phillips said: "The language of the message of General Sickles was courteous, not intended to be disrespectful. and only a soldierly discharge, of what he be? lieved and felt to be his duty to his superior officer in command aud to the country. I suggest to the Court, instead of receiving thc return of the Marshal, your Honor substitute a rule to show cause, returnable ton days hence. I would give every pos? sible convenience to tho General to respond." ' Mr. Connor, one of the counsel for the prisoners, replied to tho sugges? tion or motion of Mr. Phillips. Mr. j Conner held that the motion of the j District Attorney was a motion to re? consider tho judgment of tho Court, ! and said, if General Sickles would j bring the prisoners into court, to ! have their oases adjudicated, all or? ders of Court would be dropped. He asked, with the utmost deference, what right had the Court, upon the writ of habeas corpus issued, to keep the prisoners in jail ten days longer? He closed his argument as follows: "Whose convenience is to be con? sulted ? The convenience of the mili? tary or the liberty of the citizen? It has already Inion postponed in defer? ence to the military authorities. Now the proposition comes to modify the rule of the Court to substitute another motion to continue the argu? ment, to open a w ide r field of discus? sion, and all tho time keep tho pri? soners incarcerated. We contend, | under the rule of Court and the at- ; tachment issued, tho return must be , made. If Goneial Sickles intends to comply with the order of the Court, uo difficulty eau intervene. If he intends to sot himself above the Court, let us know the fact, f am constrained, in behalf of the prison- ! ors in jail, to object io the motion of . thc District Attorney." The Judge then said: "Mic. ATTORNEY: it would have been a very great happiness to me, if ! this action of the counsel had been taken before. It would have bo-en a relief and a pleasnre. The difficulty is, that it comes too late. I did not ; snppose that General Sickles meant to cast contempt upon tho Court. I j was not left at liberty, however, to j doubt that he dill mean to deny the authority of the Court to plead the military power of the country as sn- . perior, ?n the present condition of ? things, to the power o? the law and i tho Constitution. I had never crues-1 tioned his candor, good faith or good disposition to the Court or to our people. But he has put in issue the! military power and the civil power, martial law and ti e rule of the Con-j stitutiorj. We are forced to accept : the issue. 1 do so with great respect for him, and regret that which is now ; moved had not been moved before. ..The return is in possession of the Court, and J am constrained t^ i accept the issue presented by the (uncial. I regret that 1 cannot grant thc motion | of the gentleman." Conns,'l's motion having been | granted, Marshal Eppiug read tho following endorsement upon thu writ i of attachment served oil General Sickles: 1 hereby return to this writ of at? tachment'that 1 called with tho at? tachment on General Sickles, and he \ declined to be arrested. The Gene? ral wrote his refusal to be arrested on the back of thc attachment. Having no power to arrest him. 1 withdrew to make this return. J. P. M. LAPPING. r. S. Marshal. Sworn to before me this loth ?filly, ISP.??. DANIE!. HOKLBECK, C. I >. C. C. S. for ? ?nth Carolina. On the back of this was thc follow? ing endorsement : ? Kc ?>nrlr }-'. fi. Srmr'-rs et al- Writ of Attachment. In compliance with orders from su? perior authority. I decline to be ar ! rested on this process. DANIEL E. SICKLES. Major-General Commanding. [Ion. Armistead Burt, counsel for ' prisoners, said : MAY IT ru.ASK vote HoNoi:: On this return, we suggest to the Court I that the proceedings heretofore had in this mutter be certified to tho l're sidenl of the United states. The : issue is distinctly made. The mero I agent of the Executive Department takes issue with the Judicial Depart ! melli.. The Court luis exhausted tin I power confided to it by the Constitu tien. %?t is powerless, without an ap? peal to arms, to proceed further. I regret, exceedingly, that the distin? guished officer to whom the mandate of this Court has been sent, has . thought fit to preclude the argument of groat questions by a peremptory refusal to recognize the authority of thia Court. Sir, I desired to hold debate with the military authority upon the great questions which aro involved in this issue. I desired to know, and de? sired that the country should know, whether the military power is supe? rior to the civil, in a state of profound peace. I desired to know whether we live to-day, and whether you sit here in your hall of justice, by the license of military power. I desired to know whether we lived under a military despotism, or under a go? vernment of laws. That question we oro pr eluded from considering. The only course left to the Court is that ! which I have indicated. I ?ubmit it most respectfully and humbly for the ' consideration of the Court, that the Court, at this stage of the proceed? ings, docs feel itself constrained to inform the President of tho United States that its powers have been ex? hausted, that they have failed, and have been successfully resisted by the military authorities of the State of South Carolina, and, sir, to that effect wc will submit a motion. Judge Bryan said: It would seem to the Court that there is no alternative in this matter. The power of the Court is simply a moral ono. It represents the Consti? tution and law, If not upheld by the great co-ordinate branches of the Go? vernment, and sustained by the peo? ple, it is perfectly powerless. It ad? dresses itself to tho love of liberty, to the sense of right, to the free heart of a great people. It is perfectly pow? erless in itself. It bas no bribes to give; it has no armies to command. Its voice is simply the voice of the Constitution, of reason, law, and of right. It commends itself to the co? ordinate branches of the Govern? ment and to the people for support. It has a right to rely upon that very military -which now denies its power and questions its authority-as the strong arni which should enforce its decisions. I feel that my power is exhausted; I have attempted to do my dutv. I have met this great ques? tion of* liberty and of right in the love of it, with perfect respect to ah who have had an agency in this mat? ter. Secure and tranquil, and satis? fied that I have done my duty, and confiding in the triumph of the right, and looking hopefully to the result, I cannot doubt that result : for if I did, 1 would "doubt everything that is good, high, holy and true, and de? spair of the liberties of the country. I shall be happy to receive the mo? tion of the gentleman! and to have il sent up to the Executive, and to }^iv? it. any endorsement that will carry thc sanction of the Court. A BAREFOOTED BRIGADIER.-Tin NashviMe. Union and American says: A private letter received at thii office yesterday, written by a lat* Brigadier-Genend in the Confederate service, one of the most energeti? and enterprising of them all, says "1 have followed the plow diligently this summer. < )n Friday and Satur day last, I tried it barefooted. stood it the two days, but the grouiu was so hot outside the new-made fur ru\v that I had to follow the plow-tai to a d.d."' Tho man who acts thus and write il, would receive nothing but abuse persecution and scorn if ho were ti visit his native State to-day. \Y h-avc the read? r b> compare hi course willi that of those who gav aid and encouragement to tho. .'re? bellion" in its prosperity-deserte it in- its first trial, and are now tb chu t persecutors of t'no.sc who stoo by their principles to the last, an are now engaged in adding to th substantial wealth of the country a above described. The barefoote plowman is- equal in dignity an usefulness to thu present commande of the Prussian armies, whose voca tion is to slay and destroy. The so-called Reconstruction Con mittee arc considering the Pres that's recent message, protestin against the adoption of the eonstiti tional amendment, lt is nnderstoo that they will submit their repor early next week, lt will be in tl form of a reply to the viows of tl President in regard to amending tl Constitution at thc present time, will, ol' course, attempt to defend tl action ?d' Congress in the matte and will be sent forth in jtistificatic of ds extraordinary course on tl sui jed. --?.??- -- Fi ?it: VT ( >K VNor.iu na, S. C.-Tl alarm < f lire sounded again, th morniug, about day-break, in th lire-beset town. lt seems to ha' originated in a blacksmith's shop that of Mr. Samuel Clarke; it w consumed, and with it the store Com ellson, Kramer A ('<>. Tl buildings are totally destroyed, ai at least tho larger portion of the contents. At this point, happily, tl fire was arrested by the faithful effoi of sonic 'd' those who had gathen at the alarm.- (Uan-ieston Weirs, Iii ? . ? - Hov. ROBERT TOOMBS. The M ledgeville Vrderal Union '.ays Genei Toombs is living in London, and w in good health a few weeks ago. M Toombs expects to join bim in Lc don in a few weeks. Local Items. Mortgage? aud Convey anees of Read Es? tate for salo at tain office. Tan BCUNINO or COMT?BIX.-An Inter? esting ncoount oi the "Sack and Destruc? tion of the City of Columbia, s. C.," bu Justl?een issued, m pamphlet {brm, from the Phon?x power press. Order? filled to apy extent. Single copies 50 cent?. BOOK AUD JOB PKG?TIKO.-The Phoenix office ia now fully supplied with cards, colored and white paper, colored ink, wood type, etc., and is in condition to execute jOI manner of book and job printing in shortest possible time. THE WEATHEB-On Tuesday afternoon, and later in tho evening, we bad a thunder storm, which promised to be accompanied with copious showers. Tlio rain, however, passed round Columbia, and just in this neighborhood we. are suffering from drought. We are glad to hear, however, that a few miles West and North-west, ex? tending to Winusboro, and perhaps far? ther, tho farmers were favored with fine seasons on the same afternoon. 8incc writing the above, last evening, we have had, in Columbia, a refreshing shower, which was very grateful to both man and vegetation. BYRON ON THE BUREAU.-In the "Vision of Judgment" may be found the following prophetic allusion to the "Bitnation." No Bureau-ridden community bi the whole Southern country could mote aptly illus? trate thc intensity of the evil than the poet bas done in these Unes: "The guardian seraphs had retired ou high, Finding their charges past all cares be? low; Terrestrial business filled nought in the sky, Save the Recording Angel's Black Bu? reau; Who found, indeed, the facts to multiply, With such rapidity of vice and woe. That he had stripped off both bis wings in quills. And yet was in arrears of human ills." New ADVERTISEMENTS. -Attention is call? ed to tho following advertisements, which arc published this morning for the first time: 8. H. Anthony -Meeting of Stockholders. Fisher A Heiniteh -Vox Populi. Richland Lodge No. 39, A. F. M. Peter Kind-Notice. Nomination for Alderman. -The Ditties of Pence. Under this heading, the New York Round Table (which, by-the-way, ha* deserted our editorial table,) has the following conciliatory remarks. "We have stricken out one or two para? graphs, not qnite in keeping with the rest of the article: The people of the South are our brothers, bone of our bone and flesh of our flesh. The}* have courage, integrity, honor, patriotism, and all the manly virtues, as well as our? selves. It was the good providence of the ease that we were more nume? rous and had greater resources thau they; and so, in tho orderings of in? finite wisdom, we beat them-con? quered them. From our stand-point, we consider it a great thing for the whole human family that we did so; but we must not be pharisaical about it. Slavery, which provoked the war, ?was as much our sm as theirs. Our Federal Constitution protected it, our two great political organizations sup? ported it, and New York city, by its vast majorities, largely sympathized with it. We did not fight for it, and they did, simplj* because they owned the negroes and we did not. Having, then, had a war about a difference of opinion-which is the pithy explana? tion of most family quarrels-and the strongest having come off victo? rious-which is certainly not a mira .cle-are we as equal to win the victo? ries of peace ar*d to reabze that our duty now is to heal, not to punish? N. . e can si ppobO that the South em people Lave not suffered suffi? ciently for their error. Consider their dilapidated cities, their deserted plantations, their impoverished coun? try, their loss of personal property by thousands of minions; far more than this, their buried dead and de? solate hearths, and even beyond this, their intense conviction that by a most stupendous folly they have fall? en from the high estate they enjoyed before tho war, and have wilfully brought all this ruin upon them? selves. No one with a heart can re? alize the truth of their condition without feeliug that the punishment h ns been terrific. One of our first duties, then, is to dismiss all further ideas of punishment, and discard all that race of politicians who aro cla? morous for it. We should address ourselves to tho grave task of restor? ing the unity of tho disrupted rela? tions of the two sections by acta o^j genuine kindness, truthfulness, tlrir ness and love. Wo should give to tho South a full and equal share in all the blessings flowing from the Federal Government. Her manufac? turers should have as ample protec? tion as those of the North, her com merco equal advantages with our own, her industry the like encourage? ment, her children ample means of education, the personal rights of her inhabitants the steady, omnipresent and inflexible protection of laws founded in justice and administered without partiality. Let Northern capital develop her vast mineral and agricultural resources and build up her waste places; let intersectional commerce be re-established. Let cotton agaiu take its place amongst the powers of the earth. In a word, lot the era of blood be followed by another era of good feeling.