The daily phoenix. (Columbia, S.C.) 1865-1878, February 06, 1868, Image 2
COLUMBIA.
_._:_LJ-.- ?'. ? if ?
Thursday Moma*. February 6;
Congress hadinother sivero attack
of panio on Thursday last. Booie
newspaper reported that ono of the
Judges of the Supreme Court had
said he believed the Supreme Court
rf o ul ?I vi ou ido tho reconstruction law
unconstitutional; whereupon Mt*.
Scofield, of Pennsylvania,, was seized
with a sudden rush of patriotism to
the head, alarmed the House by his
eries for assistance, threatened the
offending JuBtioo with impeachment
and other fashionable tortures, and
was finally somewhat soothed by the
passage ot a resolution of inquiry.
The House passed it by a vote of
ninety-nine to fltty-aoven; whether
out of a good-natured desiro to ease
Mr. Soofield's mind, or because they
suffered from the same attack and
shared his pains, wo are left to con?
jecture. The Kew York Times hopes
they all feel better now.
NEW HAMPSHIRE..-Tho people,
says the Hartford Times, are flocking
to the Union and Constitutional
party in New Hampshire. They are
leaving the radicals; and their State
committfifi are quarreling-the chair?
man having come out in a public ad?
dress abandoning tho radicals and
joining the Democrats. The radical
party has gone to pieces in New
Hampshire-and all the appeals of
their organs to "circulate documents"
will not help them. Radical speeches
and pamphlets only sink them lower,
for they show the people that the
radical party sticks to negro suffrage
and negro domination.
THE MARTELLO TOWER.-A cable
despatch gives details of the great
Fenian attack upon "Duncannon
Martello Tower." Ever and anon,
we receive a fresh despatch of asimi?
lar attack on a "martello tower." As
this sort of thing is likely to be kept
up for the next twelvemonth, it may
be well to say what tho martello
towers are. The New York Times
says they are old cylindrical brick
structures, set up three-score years
ago or thereabouts, when all England
was alarmed by the prospect of a
Frenoh invasion, to bo headed by
Napoleon. They wero built chiefly
as watch-towers, and, ut all events,
according to the ?rt of fortification
as it existed ii* 1808, were designed
to resist such artillery os was in use
sixty years ago. A single shot from
a modern field-piece would riddle
any of these structures, and accord?
ingly they aro retained chiefly ns the
quarters of the coast guard, which is
designed to watch smugglers. Tho
capturo cf one of the scores of them
that are scattered along the Southerly
coasts of England and Ireland, would
not involve any great guin of sup?
plies, ammunition orprisouera. They
are hardly a part of the war estab?
lishment, but rather of the Treasury
Department-being preserved, as we
said, for the needs of tho revenue
service. It might pay a squad of
adventurers to fusilado ono of theso
"towers," (why they are "martello
towers" is a mooted question,) for tho
daring of tho thing; but no organ?
ized army wo aid go out of its way to
trouble them. Understanding this,
wo shall better appreciate the "mili?
tary situation" in Wexford County.
Tho garrison, we should add, of one
of theso martello towers, commonly
consits of from six to sixteen mon, iu
all stages of dilapidation. Some have
left a leg in Spain, others un arm in
India, and so on. The armament,
besides refuse infantry arms, usually
boasts a six-pounder, or some for?
midable weapon of that Bort.
COTTON FOR CHAHLESTON.-Last
Sunday morning, we witnessed a
sight on the Greenville and Colum?
bia Railroad; n train of cars BO hea?
vily freighted with Colton, that it
required three engines to move it
along. One engine pulling, one
pushing and another iu the centre.
It was a long train, and a cheering
spectacle. We learn that there must
have been something liko 1,200 bales
on the train, and all for Charleston.
The like we hud not seen since auld
land syne.-Newberry Herald.
Th* RooKstraetto* CoM-rcniUia.
CHABI??BTON, February 4, 1868.
The , Convention teaemplMy at 12
o'cloc*. -Prayer by Rec. F. Ii. Car
doia*. Jg
The Gommiitem.on Petitions re*
ported favorably ujion the petition of
W. J.k Mixer, praying that h? be re-v
stored to the privileges of the elect?
ive franchise. Adopted.
Tue President laid before the C in?
vention the following communication
from headquarters: '. $
HEADQ'KS 2D M HAT A II Y DISTIUCT,
OHABIIBSTON.'S. C., Jan. 31, 186a
President of the Constitutional- Conven?
tion, Charleston, S. C.
Sw: I have the honor to acknow?
ledge the receipt from you of the
preamble and resolutions adopted by
the Convention, on the 25th instant,
requesting me "to suspend for three
months all sales of property under
execution or other legal process,
under any judgment or decree ren?
dered by courts of this State for a
debt or debts contracted, up to the
acceptance by Gen. Canby of this
resolution, except for laborers and
mechanics and liens upon crops to
securo advauces made by factors and
other persons."
The subject of this resolution has
been one of serious consideration
from the moment I entered upon this
command, and to aid me in that con?
sideration, 1 have endeavored to
gather from tho sources of informa?
tion within my reach all the facts
that bore directly or indirectly upon
a question so importaut and so deli?
cate. It is not proper that I should
enter into any- discussion of tho
principles involved in the solution nf
the flnancinl questions suggested by
tho resolution. These come properly
under tho consideration of your
body, or of tho Legislature by which
it will bo followed. My owu action
on tho immediate question must be
determined in measure by other con?
siderations.
Tho resolution, although general in
terms, is divided by the effect of tho
action heretofore taken upon the
subject. The first decision embrac?
ing debts contracted prior to the 19th
of December, I860, and the second,
thoso contructed subsequent to the
15th of Muy, 18G5, the intermediate
period being covered by the stay
provided for in General Orders No.
10, of April ll, 1807. The debts
embraced in the first decision were
also stayed by tba same same order,
but proceedings for their recovery
were revived by the modifications
made by Generul Orders No. 164, su
far us they were covered by judg?
ments rendered prior to the 19th oi
December, 1860, or subs?quent to thc
organization of the provisional go?
vernment and the re-establishment oi
the United States Courts nuder thc
President's proclamation of Juno 30,
18G5.
The object of the modification ol
General Orders No. 10, by General
Orders Nu. 104. was to bring tilt
class of cuses affected by the formel
order withiu the limits established bj
the decisions of the Supreme Courl
of the United States, und arrest, at
far ns possible, i flood of litigation
that would be fruitful only in iinpos
ing additional burdens.
The experience of the last thirty
days bas demonstrated the fact tba
there aro still many cases of thii
class, in which either the coutrac
itself, or tho consideration of tin
COD tract, or tho proceeding by whicl
it is sought to be enforced, may bi
qut8tioaed hereafter as unluwful, o;
as against public policy.
The apprehension that tho pro
ceedings in these cases are not final
together with the depressed financiu
condition of the State, has produce?
a state of ittluirs that is ruinous ti
the interest of both creditor ant
debtor. I have endeavored to mee
the wishes of tho Convention by th
enclosed General Orders, which wi]
operate as a stay in all cases wher
tho property would bo sacrificed lr
tho immediate sale under execution
In the ease of debts contracted sub
sequent to the 29th of April, 1805
the notion heretofore taken, both b;
civil and by tho military authorities
has been such that an application 0
the resolution to these debts woul
not only be beyond the limit of un
proper exercise of tho military anthe
I rity, but be productive of fur greata
ultimate evil than of immediate good
and reflect disastrously upon over
interest aud upon ulinost every indi
vidual in the community.
1 have also thu honor to tick now
ledge the recept of tho resollido
requesting un extension of the bonn
stead exemption to 100 acres of lune
Before acting upou this, I think j
proper to invite attention to the uc
.
equal operation of the resolution,
and the serious difficulties in apply?
ing it, unless there bo some peouni
nry limit dependont upon tho value of
the land exempted.
It was tho constant occurrence of
the difficulties pf this vkind that led
to the modification ofParagraph VII,
of General Orders Nb. 10; and it
would bo unwise to revive them, even
. for A nhnrfc ?ericd. _ 'Very rcsj^ot?ui
?Ji your obedient servant,
ED. KW OANBY.
Brevet Mn j. Gen., Oom'di og.
The unfinished business of yester?
day, being the ordinance in validating
contracts.based on slaves, was taken
up and speeches made by Ransier,
Dowen, Chamberlin and Pillsbury.
As a matter for reference, we ap?
pend the yeas and nays on its adop?
tion:
Yeas-The President; and Allen,
Arnim, Becker, Bell, Bowen, Bouum,
Burton, Brockenton, Bryce, Byos, B.
H. Gain, F. J. Gain, Camp, Coghlan,
Chamberlin, Gook, Collins, Crews,
Durrington, Davis, DcLarge, Diok
son. Dogan, Donaldson, Drifue, Dun?
can, Edwards, Foster, Gentry, Goss,
Gray, Harris, J. N. Hayne, Haynes,
Henderson, Holmes, Humbird, Hun?
ter, Hurley, Jackson, Jacobs, Jervey,
8. Johnson. W. B. Johnson, J. W.
Johnson, W. E. Johnson, Joiner, H.
Jones, C. Jones, Lang, Langley, G.
Lee, S. Lee, Lomax, Leslie, Mackey,
Mayer, Middleton, Milford, Moses,
Nance, Nash, Neagle, Newell,
Nuckles, Parker, Pillsbnsy, Ran?
dolph, Ruiney, Runnier, Richmond,
Rivers, Rose, Runion, Sandern, Sns
porta8, Shrewsbury, Smalls, Stubbs,
Swails, Thomas, Augustus Thomp?
son, B. A. Thompson, S. B. Thomp?
son, Viney, Webb, Whipper, White,
C. M. Wilder, Wingo aud Wiight.
Nays-Alexander, Cardozn, Chest?
nut, Clinton, Corley, Dill, Jenks,
.Hilson, Mauldiu, W. J. McKinlay,
Wm. McKinlay, MeDuniels, Mead,
Miller, Owens, Rutland, Whittemore,
Williamson nnd F. E. Wilder.
On motion of W. J. Whipper, the
rules were suspended nnd the ordi?
nance received its third reading, and
was ordered to be engrossed ns fol?
lows:
We, the people of South Carolina, hy
our delegates in Contention assembled,
do hereby declare and ordain, That ull
conti acts, whether under seal or not,
the considerations of which wero the
purchase of slaves, uie hereby de?
clared null and void, and of no ef?
fect; nud no suit, cither ut law or in
equity, shall be commenced or prose?
cuted for the enforcement of such
contracts.
That all proceedings to enforce
satisfaction or payment of judgment
or decrees rendered, recorded, en?
rolled or entered upon such contracts
in any court in this State, are hereby
prohibited.
That all orders heretofore made in
any court in this Stute in relation to
such contracts, wdiereby property is
held subject to decision, as to validi?
ty of such contracts, ure also hereby
declared null aud void, and of no
effect.
B. Byas, colored, offered a long
series of resolutions, providing that
every freedman iu South Carolina
shall be eutitled to collect wages from
his former master for services render?
ed since January 1, 1863, to wit:
Male hands, over twelve years of age,
ut the rute of S10 per month; under
twelve years, 88 per month; females,
over eighteen years, 88 per month;
under eighteen, SG per month. Laid
on the table, amid great laughter.
W. G. Whipper offered the follow?
ing, which was referred to the Com?
mittee on Miscellaneous Affairs:
Resolved, That it 6hull bo binding
and obligatory on the Legislature tc
grant a charter for any proposed rail?
road whenever the said charter shall
be applied for by nny twelve respect?
ive citizens, provided the route ol
such proposed road shall not run
within ten miles ou a parallel lin?
with ?ny other now in existence in
this State.
The siiiun delegate also introduced
au ordinance, which wns referred tc
tho Committeo on Miscellaneous Af?
fairs, annulling, ufter the assembling
of tho first Legislature hereafter, nil
churters granted to owners of ferries.
Thegiantspeoimen of theDrucoonn
Draco, or Dragon Tree, growing al
Orntava, in the island o? Teneriffe,
was destroyed during the autumn ol
1807, hy n gale of wiud. It was firs!
brought into general notice by Hum
boldt, some sixty yeurs ?go, and wat
computed by him to be O.UOO yean
old. _
Railroad traveling, it is stated, ii
decreasing more than usual at thu
season of the year.
CASH-PA? UP.-From and after
January ?, 1808, the r^tv system wijl
be strictly Ohfor^d. B&soW wh?>
ard/now inc^bted0for s?i^cri$ioi?
and; who wisti their papera continued,
will confer a? favo* by paying ftp ft
oncA. Those r.-ho 'ail wiU h?v? their
papers discontinued. Cash will also
be required fdr Sil advertisements.
Persons' -forwarding' advertisements
from a distance, mus? send a remit?
tance. Job work cash on delivery.
FAVORS.-We return our timnks to
Col. E. R. Dorsay, of the Charlotte
and Sonth Carolina Railroad; and
James Anderson., Esq., of the 'North
Carolina Central, for "com pl i m ou ta?
ries" for 1868. .
The first shipment of freight over
the Columbia and Augusta Railroad
was made yesterday-teu bales cotton
from Lexington.
SHOUT SOHEDUIJE.-A meeting of
railroad officiais is to bc held in Rich?
mond, Va., on the 12th inst., when
it ia believed a shorter through sche?
dule will be arranged. The sooner
the better.
KAIN, KAIN, RAIN.-The admirers
of the "rain upon the roof" can be
gratified to their heart's content-for
several days it's nothing bnt drip,
drip, drip, from morning till night
and from night till morning again.
Passengers from the up-country
report thc ruins general, and state
that Broad River is considerably
higher than it lins been before in a
year. The Congaree is booming also,
und it is feared that the flats will not
be able to cross to-day.
THE COLUMBIA AND AUGUSTA RAIL
noAD-FmsT PASSENOER TRAIN TO
LEXINGTON COURT HOUSB-BARBECUE.
Col. E. R. Dorsey placed a passenger
truin, engineered by Mr. John Spen?
cer, at the disposal of tho citizens
yesterday morning, for an excursion
to the head of the Columbia and Au?
gusta Railroad-Lexington Court
House. Arrangements had been
made to accommoduto a large number
of persons, but owing to the very in?
clement weather, only about twenty
availed themselves of the opportuni?
ty of visiting our neighboring Dis?
trict on tho first train, by means of
the iron horse. After a pleasant run
-craw-fish fashion-of about an
hour, the long-blow announced that
we were near tho end of our journey;
and in a few minutes the train was
stopped within sight of the village of
Lexington and opposite the site of
the proposed depot. The "town
crowd" met with a cordial reception
from the Lexingtonians, and spent
several hours very pleasantly. A pic?
nic and barbecue had been prepared
for tho visitors and tho railroad em?
ployees by tho villagers, and a regu?
lar jollification contemplated, but the
rain acted as a damper and only o
few were present; those who belonged
to the anti-suit and sugar portion ol
humanity, however, went into the
pork, mutton and good thing gene?
rally with a will. To Messrs. H. A.
Meetze, B. J. Hayes and Rev. A,
Eflrd, we believe, is the credit duo ol
currying out the afluir. It is gene?
rally understood, that when the
weather becomes settled, a monstei
pic-nio will be provided, and an invi?
tation extended to tho Columbians tc
participate. About half-past 4, the
truvelers re-embarked, and tho loco?
motive being now in its proper posi?
tion-in front . -excellent time wus
made, and the Columbia depot
reached in about three-quarters of an
hour. Tho thanks of tho visitors are
returued to Col. Dorsey and the
officers of tho road in general foi
the courtesy.
The work on this road, as we are
informed by Chief Engineer James
O. Moore, is being pushed along
sat?sfaetorily, an d a large gang of
working hands are employed, under
the following officers: A. Bamsenr,
ii8sistant engineer; J. E. Frey, super?
intendent track-lay i ng; John Wooten,
assistant superintendent track-laying.
The road is graded thirty-five miles
on this end. and RfirtS?S ca tho
other; track-laying is progressing ra?
pidly-nineteen miles having been
completed-nearly one-fourth of the
whole distance. Ampio timber to
On ?sh it has been recured. The work
on tho eutire road is under contract
to responsible parties; and with a
little monetary assistance, it is be?
lieved, the cars will run through to
Augusta by the first of September.
Tho citizens of Lexington have ear?
nestly advocated the construction of
a railroad through their District at
different periods, and we heartily
congratulate them upon the final
successful result, of their endeavors.
The completion of this road, and the
oonnection via Danville, Ya., will
make this route shorter, by six or
eight hours, than any other for
tiirough passengers.
Leap year-so called because a girl
has the right to leap out of single?
ness into the arms of any young man
she may select.
One of our exchanges says that a
dancing master in New York has in?
troduced the "Kiss Cotillion," in
which the gentlemen always kiss the
ladies us they swing the cor'.ors.
Hope it will become fashionable
here.
M Ali All RANGEMENTS.-The post
office open during the week from 8)?
a. m. to 0 p. m. On Sundays, from
\% to 2% p. m.
The Charleston and Western moils
are open for delivery at 2 p. m., and
close at 9 a. m. L
Northern-Opento for delivery at
lt)1 j a. m., closes at 1 p. m.
Greenville-Open for delivery at 8
p. m., closes at 8 p. in.
NXW ADVERTI8EHK3T8. -AttSlilltiU ii? call
od to thu following udvertiaetneutts pub?
lished this morning for tbs first time:
Jacob Levin -Bacon, Lard, ko.
Notice to Oas Consumera.
-fy?
A young man, named Benjamin'F.
Bache, sou of Surgeon Baohe, of the
Naval Laboratory, shot himself in
the head, in the # presence of his
affianced, at her residence, in Brook?
lyn, on tlio 30th. The cause is sup?
posed to have been unreasonable
jealousy.
A New Orleans correspondent says
the times there are awfully hard.
The people are very poor, empty
houses and stores arc almost number?
less, money scarce, social circles
nearly broken up, theatres losing
mouey, and the weather "dirty, rainy
and sticky."
Au Ohio gentleman had a dream
six months ago, in which the day of
his death was predicted to him. On
the day intimated, he took out an
insurance policy for $3,000, got on a
railroad train, and was burned to
death ai Angola.
FntE.-We regret to learn that the
dwelling house, kitchen, barn, stables
and other out-houses, of Mr. Thos.
Chatham, near New Market, were
destroyed by fire on Wednesday
evening last.-Abbeville Banner.
Saint Xavier's Seminary, located
within two and a half miles of
Latrobe, Fa., took fire on the 2d,
and was totally destroyed. The in?
mates escaped, saving the greater
pnrt of their clothing.
The difference between the rival
bridge companies at St. Louis, Ma,
havo been amicably adjusted, and the
Mississippi will be*bridged in a short
time.
According to a correspondent of
tho Avenir Nationale, the mortality
from famine in Algeria is so great
that thc dead ure thrown into
trenches, as on tho day after a buttle.
The order of division of spoils for
the capturo of Mr. Davis has bean
nettled by a Congressional Commit?
teo. Privates will get about $300
each, and Colonels about $3,000 each.
The receipts of the Atlantic cable,
it is said, are now upwards of ?1,300
a day.
Two prominent New York hotels
each lost $100,000 last year.