The daily phoenix. (Columbia, S.C.) 1865-1878, February 06, 1868, Image 2

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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.