The daily phoenix. (Columbia, S.C.) 1865-1878, March 17, 1867, Image 2

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

COLUMBIA. Sunday Morning, March 17, 1867. Thc Bankrupt Law. "We have been frequently asked about this law and its pi ovisions. It is, however, too voluminous to publish in our paper. So far, how? ever, us ila provisions apply to volun? tary applications, thc law is generally understood; but those which give to creditors the power to make their debtors bankrupt are not so well known. They aro much more exten? sive than like provisions in former acts which have been in force in this country, and i'aej are important to be understood. The causes which will authorize a creditor to proceed against his debtor are given, iu brief, as follows by the Philadelphia Inquirer: 1. The voluntary departure of the debtor from the State, District or Territory, of which he is an inhabi? tant, with intent to defraud his cre? ditors. 2. Concealment by a debtor, to avoid the service of legal process, in any action of debt or upon demand. 3. Concealment or removal of pro- | perty, to prevent its being attached, taken or sequestered on legal pro? cess. 4. The assignment, gift, sale, con? veyance or transfer of estate proper? ty, rights or credits, in this country or abroad, with intent to del ty, de? fraud or hinder creditors. 5. Being arrested and held in cus? tody under mesne process of execu? tion for a debt valid and provable under the bankrupt law exceeding one hundred dollars, if such process is not discharged by payment or by law within seven days. 6. Actual imprisonment by process in a civil action upon a demand ex? ceeding one hundred dollars, founded on contract, for not more than seven days. 7. Tho payment, gift or transfer, sale or conveyance of property or money to any person in contempla? tion of bankruptcy, the party being bankrupt or insolvent at the time. 8. Giving a warrant to confess judgment, in contemplation of bank? ruptcy. 9. Suffering property to be taken in execution, or on legal process, with an intent to give a preference to ono or more creditors. 10. Suffering property to be taken in execution, or upon legal process, with iutcnt to give a preference to endorsers, bail or sureties, with in? tent to delay or d feat the operations of the act. 11. The fraudulent stoppage ?l? suspension, ly a bulker, trader or merchant, of payment of his com? mercial paper, not resumed within fourteen days. The law provides that any person liable for the neds designated may be made a bankrupt within six months after their perpetration, on the peti? tion of one or more of his creditors, | the aggregate (d' whose debts amount ? to $250. Nor is this ali; the trans- j action which caused the bankruptcy : is void, and the assignee may recover back property transferred or money paid by the bankrupt; provided that the person receiving it had reasonable cause to believe tiiat a fraud was in? tended, or that the debtor was insol? vent. And furthermore, such person so implicated in the fraud, if a cre? ditor, shall not be allowed to prove his debt against the bankrupt, and must lose it altogether. It will be seen, therefore, that this Act not only gives to the debtor, who has been honest, but unfortunate, the means for relieving himself from his burden; but it guarantees to the cre? ditor a remedy against fraudulent, practices; renders dispositions of pro? perty in favoritism and preference void, and punishes not only the party mtiking such preferences, but him who has to receive the benefit. Against involuntary bankruptcy, or? ders of arrest and imprisonment may be issued, and they may either be confined or made to give bail for their appearance. These regulations may affect busi? ness very much, and it is the duty of every one having transactions with others, to make himself master of the directions of the law, so that he shall not render himself innocently liable to punishment. -? EPISCOPAL METHODIST CHUBCH. The action of the Baltimore Con? ference has secured what that con? ference so much desired-a change of the name of the church from "M. E. Church South," to "Episco? pal Methodist Church," and also, we suppose, the introduction of the lay feature into the ruling bodies of the church. The Sun Francisco correspondent of the Augusta Constitutionalist cha? racterizes the telegraph as the "prince of liars." Severe, but just. Thc Fenians--England and the United Sint s. In the debate in the British House of Lords, on the 25th February, growing out of the motion of the ministry for the passage of the Act, which had previously passed the House of Commons, for an extension of the time of tho suspension of the writ of huberts corpus, Earl Derby, who made the motion, spoke of the necessity of the Act, but ridiculed tho attempts at insurrection by the the Fenians. He spoke confidently of putting down all attempts ut re? bellion, and made no allusion to auy plans for moderating the policy of the Government towards Ireland. Everything was to be done by force and rigorous measures. Incidentally, allusion was made to the acts and the sentiments of the United States Government on the subject of the Fenians. Lord Rus? sell quoted tho President with refer? ence to the course pursued by him towards captured Fenians. lu the part quoted by Earl Russell, the Pre? sident says: "Fully believing the maxim of go? vernment that severity of civil pu? nishment for misguided persons, who have engaged in revolutionary at? tempts which have disastrously failed, is unsound and unwise-such repre? sentations have boen made to the British Government, in behalf of tho convicted persons, as being sustained by an enlightened and humane judg? ment, will, it is hoped, induce in exercise of clemency aud a judicious amnesty of all who were engaged in the movement." The noble Earl thought the United States Government had "gone beyond what international duty prompts." Earl Derby being thus called ont on this point, stated that the corres? pondence with the United States Go? vernment on this subject would bo laid before the House, "and," he con? tinued, "noble lords will see that while we have not disputed what can fairly bo claimed by the Government of the United States, wo at the same time have not admitted the right oi any foreign Government to interfere with the principles which guide ns ir tho administration of justice. " This amiable expression of indig nation seemed very grateful to aborhj who have been taught to be SO p.dieu under insult. -?-o-?. THEY AUK FOLLOWING A DELUSION lt is well known to newspaper read ers, says the Federal Union, tha nearly or quite thc whole press o the Southern States have urged upoi rho planters the propriety aud noces sity of raising more provisions, i they had to curtail the cotton crop t do it. We have no doubt this minni mons appeal of the press to the plan) ors has had a contrary effect to tha intended'. Many planters, belicvia th it this strong appeal to them t cultivate grain instead of cottoi would be heeded by others, and thi consequently there would be less co ton and more grain planted tuan lat j your, di'iermined to plant more co ton. This rule, we believe, has bee adopted by the planters general!; From nil that we can hear, there wi bo a much larger crop of cotton, an less corn, planted this year than las Consequently, wo may look out. the season is good, for a full in tl price of cotton and a rise in thepri? of corn. If sucli a system of farmii does not bring distress and pover ! and ruin upon the country, all hi j tory and experience is a cheat and ! lie. The attachment winch some nu ' feel towards cotton bales is a spoci of idolatry-they literally worsh them. But God, in all ages, has pu ished idolatry of every kind. DISOIIDJSKTJY NEGUOES.-Never h fore have our citizens been subject to such insults as they received yi i terday from tho negro soldiers th arrived here on Saturday. lu dim ent sections of the city, they we lighting among themselves or wi other negroes or white soldiei brandishing their pistols and bay nets, frightening ladies and chihire and in many instances eudangerii their lives. About half-past 2 o'cloc a squad of about twenty ol' the neg soldiers, with closed ranks and bay I nets in sheath, commanded by j burly negro, marched around t I capitol building, in which $lie Leg lature was in session. As they puss around, they vociferously cheered I I the Union and the Sheliubarger bi j and frequently shouted-"If y j had accepted the constitutio) amendment, yon would not be o j 'nore in the cold."-Richmond Tim The Wilmington papers state tl this detachment of colored troo passed through that city on Thu day last, and behaved very badly j robbing stores, ?fcc., and, when : monstrated with by tho owue threatened their lives. The troc were on their way to garrison t forts around Charleston. Tho Southern Postare. Thc following correct views are from that able and strictly conserva? tive journal, the National Intelligencer, in its issuo of Wednesday: Whatever force there may have been in tho argument that the South conk! take no action nuder tho Sherman Shellabarger bill, without voluutary participation in its own degradation, is now destroyed by the bill which passed the House of "Representatives. ? That takes the question of holding a j convention out of the realm of popu- j lar consent, und cou fers it upon the military commander. Ke is enjoined to make a registration and to order an election. Whatever may be done, therefore, is done under military du-, ress, and it is thc part of wise men to accommodate themselves to circum? stances. The registration will be made. The election will be held. The negroes will vate. Shall tin; wh'tes abstain? If inaction accomplished aught, we might understand why men should advise it; but when the prac? tical effect of inaction will be to se? cure the adoption of a State Consti? tution by those who do act, and au application for admission into the Union from men who have voted, while this inaction will put argu? ments in the mouths of mon who have already too much control of the Go? vernment, we cannot exactly see the wisdom of hesitation. Those who abstain now from choice will abstain hereafter from necessity. No one appreciates moro billy the inequity of thiskind of legislation; no one realizes more keenly its consistency with re? publican principles; no one more heartily deplores the stab it gives to constitutional government; no one is more alive to the dangers which beset the new order of things which it is proposed to inaugurate; nevertheless, we believe in the superiority of intel? lect and of culture; and if they do themselves justice, they are bound to control. In this connection, we add tho following from the correspondent of the Baltimore Sun: lt appears to be now conceded that tho South will speedily organize under tho reconstruction Act. Snell is the opinion of all here in official aud other prominent position*. Senator Johnson, of Maryland, ii in daiby receipt of numerous letter: from the South in relation to his po sition on the reconstruction question A paragraph from one of tho letter indicates the tone of sentiment anion; some of the conservative men of tim section. A prominent citizen o Beaufort, N. C., says; "We see that you voted for th Sherman bill under tho con vic tio i that the South could not do better, fear if we seriously oppose it Um harsher measures will lie inflicted that the greatest of calamities-con Qscation-may be the next buteront; 1 am disfranchised by that bill; i fact, it takes all political power out < the hands of the most intelligen class of the Southern people. "Set ii in the event of its rejection, it is t be followed by more stringent enact ments, wc hail better submit. I your intercourse with Southern mei yon indicate what you believe shoal be our true course; and, my word f< it, your advice will be potential fi good. I regret to know we are deon ed so unworthy of public confideno yet the matter has gone so far th; the grout body of our people desi] to see it ended." ENOUGH.-Under the above In ai iug, the New York Evening Post, < the 12th, publishes the following ed tonal. Tho Post represents, as well known, the intelligent portie of the Northern Republicans, an in this instance, it is fair to presum speaks the sentiments of that part Congress has passed the "suppl ment" to the reconstruction Act i traduced by Senator Wilson. It h now done enough for awhile in tl way of reconstruction, and we tru it will rest there, and await the efte of what is done. Mr. Sumner's rea lutions were rightly voted down tho Senate yesterday; and we ho ?di similar attempts to disturb or i terfere with the operation of the i construction Act, in either House; this session, will be promptly vot down. There is every prospect that t Southern States, or atleast the gre; er part ol' them, will almost, imnc diately re-organize under the Act Congress. This is shown by t language of the Southern jonrna by oui- own private information, n: by tlie movements already begun North Carolina and Georgia. Set tor Sherman said yesterday, in opj. sition to Mr. Sunnier. "The Act w received and considered by the Soul ern people, and would bo acted up favorably by them. He had just : ceived a letter from Gov. Patton, Alabama, to this effect. He believ ?.no terms of reconstruction were ready agreed upou, and received t cordial agreement of the country.' Whatever Mr. Sumner and a f other extremists may wish, the coi try desires and demands that the A as it now stands, shall be left aloi and it will have no meddling with until it is fairly presented to t Southern people. -?????? - Duane Kent, of East Dorsett, "V failed five years ago, owiug, arno others, many laborers in his mar: quarry. Ho 1ms now paid them evi dollar due. : Intelligent Voters. In thc United States Senate, on Thursday, Mr. Wilson called up the joint resolution introduced hy him Tuesday, in relation to tho settlement of claims due to colored soldiers, pro? viding that tho same shall be paid through the Commissioner of Freed? men's Affairs into the Freedmen's Saving and Trust Company. Ali. vimij?..-. u?jv??'^u iv? ??ealing the freedmen, whom Congress had j declared capable of exercising the right of suffrage, as incompetent to receive money due them from the Mr. Wilson replied that it could not be gainsayed that there were numbers of men engaged in plunder? ing the colored soldiers of the money they received from tho Government. The plan now proposed was one agreed upon, after a great deal of consultation, as the best that coula be devised for the protection of the colored men. Mr. Howe said the money was due to individuals, and must be paid to them. If they have not sense enough to luke care of it, they must choose a guardian; and if they have not sense enough to choose a guardian, there ought to be tribunals appointed to choose one for them. Fut no tribu? nal was competent to choose guard? ians for a whole class or a whole race. Mr. Sherman objected to the reso? lution, because it proposed to make a ? public depository of the Freedmen's ? Trust Company. Mr. Henderson said he did not know how it was with colored men elsewhere, but he would guarantee for those of Missouri that they would take care of themselves. After further debate, the hill was, on motion of Mr. Henderson, re? committed to the Military Commit? tee. THE CONFEDERATE DEBT.-The Nd Honed Republican, of Wednesday, has an editorial to prove that, if the Southern States are. according to Stevens' theory and assertion, "con? quered provinces," the United States, as the conqueror, is bound, by the law of nations, to pay the entire Confederate debt. The Republican says : But it has been suggested that this point has been guarded by having tho late rebels repudiate those Confede? rate debts. A very little reflection, however, will show that repudiation 1 does not remove nor cancel the lia? bility, at least, for the debts held in Europe. We must extend our views across tho Atlantic for the data for resolving this point. Take the case ol' Admiral Wallace and his associates, who hold millions of Confederate bonds, as an example. They are the subjects of Great Britain, and, by tho laws of nations, are entitled to call upon their Government to protect and enforce their legal rights as against the United States. Suppose the Bri? tish Government shall entertain their appeal, and demand the payment of those bonds, on the ground that they wer?, created by a de facto Govern? ment and issued to British subjects, and that the United States merely occupies the position of conqueror ol' that Government, what answer can we make to the demand? Is it not obvious thrvt we can make no sub? stantial answer whatever, if the Ste? vens theory be sound? Tin: TROUBLESOME INDIANS-WASH? INGTON, March 14.-Secretary Stan? ton sent to the Senate, to-day, a communication from Gen. Grant, in response to the Senate resolution of inquiry as lo whether any military expeditions are in progress against the Indians of the Western Territo? ries. Gen. Grant encloses despatches ! from Generals Sherman and Han- j cock, giving the information asked for. General Grant says that the present preparations look more to preventing further massacres than to hostile action towards the Indians on the plains. General Hancock, under date of February 16, despatches that he will, as soon as possible, march all his available troops to Fort Hays, and then demand an interview with the Indian chiots, and if the result is not satisfactory, he will attack them. Gen. Sherman says: We want to let the Indians feel that if they want fight, they can have all they desire. Ho recommends that the authority asked for by Gen. Hancock to issue rations to the peacefully disposed in? dians be granted, and Gen. Grant re? plies, giving the authority. A letter from Gen. C. C. Augur, commanding the Department of t he Platte, is also appended, in which Gen. A. details his plans for the protection of the railroad and the punishment of the hostil? ?udians. THE ORANGE GROVES OF FLORIDA. The 'Jacksonville correspondent of the Savannah News and Herald writes that the insect which for thirty years destroyed or made improductive the orange trees of Florida has disap? peared. Extensive groves are being planted ail over the State. In a few years, the orange crop of Florida will surpass that of Portugal and the Azores. Tho editor of tho Frankfort (Ky.) Cointnomceal/h has received notifi? cation from Judge Lyuch that his' paper, and others like it, would be ; broken up unless they changed their j tune. Desperadoes abound in Ken- j tucky. A little daughter of Alfred Wood? ruff, of Greenfield, Michigan, waa bitten some time since by a rabid dog. A few day? ago she was at? tacked by hydrophobia, suffering terrible agonies, which continued till after consultation was hud with physicians, who decided that, ns the sufferer could not survive, considera? tions of humanity demanded that her sufferings bo ended by some means; iu accordance with which, during a severe: paroxysm, the child was smothered to death. OUT WITH THE SOUTHEKS OFFICERS. Forney's Chronicle says: We understand that petitions an; iu circulation praying Congress to change the time for holding the elec? tion for mayor in this city, so as to allow that oftie.or to he chosen at the municipal election to be held next .Tune. We trust t'ois matter will re 1 ceive the attention of Congress pre? vious to Hie proposed recess. A Washington letter says: "Among the many applications fer office now pouding, is one; from Springfield, Illinois, of a patriot whose sole claim is that, lie held tin; umbrella over the President when he made a speech there iu the rain, and ht cheered loudly whenever there was an opportunity. This work, lu thinks, should m?rit?t least a clerk ship." REDUCTION ix WAGES.-The Pro videnco Journal says that "notice: were posted on Saturday in nearlj all the large woolen mills of the State announcing that after the 14th inst, the wages oi the operatives would Ix reduced ten per cent. About hal the woolen machinery in this sectioi is now idie, and the remainder nins stop unless some relief appears. LIBERAL PROPOSITION.-If marriagi isa lottery, the editor of the Gardiner Maine, Journal can be indicted for tin manner he takes to procure subscrib ers. Here is his oder: "For two nev subscribers, furnished by any gooi looking young lady, we will furnisl a husband, or if we fail in that, wi will marry her ourself as soon as th law will permit." Under the rule of Napoleon, news papers have always been regarded a bomb-shells, that may blow up th Empire. Accordingly, whenever public journal printed anything ur pleasant to the Emperor, it was seizer 1 and the person to whom it was sen: and tin; agent who meant to sell i' never saw a copy of the offensiv number. ] A collection of paintings wf recently offered for sale; in Pari: Prince Narishkine, a rich Russia! inspected them and asked thc prit of the whole. "300,000f.," was tl: reply. "It is a bargain," said tl Prince, 'Twill write you an ord? I for the amount and yon will ban me over the keys of the room." The United States Assessor's boin j show that there are about 70!) litpn dealers having United Stativs licein in Boston, and 1,132 in the third ar fourth districts together, which ii elude Boston, Cambridge, Chclse North Chelsea and Winthrop. Th is 2,864 less than two years ago. I Those who dom ni nee a woman I extravagance should read this: I London shirt-maker has inst finishc j a dozen shirts for a gentleman, tl ! price of which is ?12'). They ar j it is stated, of the finest cambri and have fri nits embroidered wit ! gold thread. J The Staunton Spectator says, t j Sunday, the 3d instant, whilst C< j Clay, another white man and eig negroes attempted to cross the riv ! in a boat, not far from the junctic j of Jackson and the Cowpastn Hivers, the boat sauk and four the negroes were drowned. THE NIAO VKA FALLS "TAULEROC] TO BE DESTROYED.-On Wednesd; next, by order of the town con nc tho remaining 'portion of "Tal Rock" will be blown from its prese dangerous position. This will ontii ' ly obliterate every trace of th natural curiosity. Mississippi papers announce th by a new law iu that State, the pi tax upon persons not having visit means of support, or in the empl of a responsible person, is to be Ci looted at the time of assessment; a: if it cannot be collected, the default is to be reported as a vagrant. The beet sugar enterprise h proved a success in Chatsworl Livingston County, Illinois. Fe thousand tons of beets were rais last year on four hundred aeres prairie land, at a cost of four dolli a ton, yielding four hundred tht saud pounds of relined sugar. Tht! Goldsboro Niora, of Saturd says: "Mrs. Jell. Davis passed ht this morning on the Wilmington tn going North. During the brief st. page of the ears, Mr. H. V. L. Hi ton, on behalf of the citizens Goldsboro, presented Mrs. Davis handsome donation of greenbacks. The larger plantations in Louisia are planted in sugar; tue sinai ones in cotton. More rice will raised this year than formerly. T freedmen com maud higher wages fifteen dollars a montii and ratioi A woman in St. Louis advert?: for a girl who "knows a flap-ja from a boot-jack," and "who will i wash her feet in the dish-tub inste of the wash-tub." A proposition has gained favor Virginia to make produce u lc| teuder. Some of tho valentines sent in N York the other day, cost 8500. Xiooal XtoxoL?. THE RICHMOND ECLECTIC.-Wc arc indebted to J. J. MeCarter, Esq., for a copy of this sterling magazine. Boy a copy, and tho inference is, that you will then subscribe for it. TUE DAY WK CELEURATE.-The sons of Erin will not forget the anni? versary of the Patron Saint of their Green Isle, and will hail il (Sunday as it is) with becoming honors. Our best wishes are tendered for the inde? pendence of Ireland-nest "Patrick's Day." THE WEATHER. -We regret to say that the hopes expressed in our issue of yesterday have, in relation to the fruit, been completely blighted. At a little after sunset, u heavy fall of sleet commenced, and continued throughout tho greater part of tho night. Yesterday morning, the few ornamental trees loft us in the city, and those in view from tho suburbs, presented a beautiful appearance with their natural fringes of icicles. We fear that the fruit blooms of promise have been materially damaged, and that early gardeners havo been sadly disappointed. COURT.-The Court adjourned at half-past 1 o'clock, yesterday morn? ing. The ease of the State vs. Wm. J. Thomas, Edward Murra}-, (freed? men,) Richard F. Clark and George j W. Allen, charged with larceny, was tried. After an absence of several hours, the jury returned a verdict of guilty against Clark and Allen, and not guilty as to Thomas and Murray. Notice of an appeal for a new trial was given. THE WEATHER.-The following item from the Mobile Register ia ap? plicable to a good many other sec? tions of the country at present: "It is not known that a second Noah is building another ark. any? where in this country just now, but if the windows of Heaven aro not closed within tho next few days, an j enterprise of that sort could not fail j to meet with-a largo amount of popu I lar favor." .... ! RELIGIO cs SERVICES Tins DAY. I Trinity Church-Rev. P. J. Shand, j 1DJ? a. m. und 8l.j p. m. i Presbyterian Church-Rev. W. E. I Hoggs, Pastor. 101.j a. ru. and 3><i j p. m. St. Peter's Church-Rev. J. J. j O'Connell, IO1.j a. m. and 3,Vo p. m. Washington Street Chapel-Rev. j Wm. Martin, JO'., a. m. Rev. D. J. j Simmons, 3|.j p. m. i Christ Church Congregation, (Thoo ; logical Seminary)-Rev. J. M. Prin I gie. 10J? a. m. incl p. m. j Baptist. Church-Rev. J. L. Rey? nolds, 10}.? a. m. and 7)? p. m. Lutheran Lecture Room--Rev. A. it. Rude, IO1., a. m. Marion Stree) Church-Rev. D. J. Simmons, 1Q}? a. ni. Rev. William Martin. 3.'J p. m. NEW AnvERTi.sKMKSrs. Ai tom ion ia call? ed to tie- Following advertisements, wliiejf* are published this morning fi r tho fin^ time: D. C. Peixotto-Attractive Sale. J. E. Di nt Sheriffs Sal.-. Fisher & Lowrance-Country Bacon. Fire Department-Card of Thanks. Fine '-tock at Private Sale. Schedule on Charlotte liai!road. Colored Citi/Aiis-Celebration. Ax ADMONITION- von LOUISIANA. Tho New York Times refers to the action of the Louisiana Legislature declaring Congress an illegal body, and closes its remarks as follows: If there were any chanco of ad? vantage from tho judicial issue on which tho Crescent dwells, the act might admit of palliation. But there is no such chance. Assuming that a case for an appeal to tho Supreme Court may be made up, that cannot save tho Sta+o from tile operation of the new law. Before a decision can by any possibility bo rendered, tho present Legislature of Louisiana will be swept out of existence; tho qualification for voters which it re I cognizes will bo set aside; many of the men who, by this convention bill, determine who shall be voters, J will bo themselves disfranchised; and ! instead of the projected convention jin the interest of rebels, another i convention will beheld, with dele I gates elected in part by negro votes. These result; will assuredly be i brought, about-by military iuterven ! tion, if necessary. German emigration this year to tho United States is expected to be largor than ever before. Over 150,000 emigrants are expected from Ger? many within the next ten months. The causes, says the New lorie liera!'/, influencing this immense movement aro, first, the conviction that is gradually spreading among the masses in Germany that our po? litical trouble's are over, and secondly, thc fear of conscription at home. In Prussia, this latter feeling operates to such an extent that in some of tho villages of the ohler provinces a third of their inhabitants will leave in the spring. Thero are 5,330 square miles of coal holds in Alabama.