Historical Newspapers of South Carolina

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COLUMBIA. -~--.-;-f-rr Wednesday Morning, Jilly 15.18gB. The Senatorial Contest ?nd th? D?? mocratie Members o? the Legisla? ture. Tho oontest for tho vacant seats, in tho representation of this State in the United States Senate, whioh has proceeded, on the part of one of the candidates, since, the assembling of the Legislature, with a degree of acrimony and unblushing shameless? ness never before known in South Carolina, was partially consummated yesterday by the choice of Col. Thomas J. Robertson, of this city, to fill the short term. The balloting for a candidate for tho long term re? sulted, in the Senate, in tho selection of F. A. Sawyer, of Charleston; but no selection had been reached by the House when it adjourned, so that, under the terms of the Act of 1867, providing for suoh a contingency, the two Houses wiU meet to-day and elect by joint ballot, ' The course .pursued by the Demo? cratic members, in both Houses, in voting-in the first instance-for those who were constitutionally elected by a legitimate Legislature of this State, in 1866, to' supply theso very so-called vacancies, but who wore denied their rights to seats by a radical rump Congress, will meet with the cordial approval, not only of every Democratic: oitizen of this State, but of every lover of consis? tency and /xighftipv the entire land. Nor do wo think that their constitu? ents will withhold their hearty en? dorsement of thoso Democratic Senators who, finding the contest narrowed down to a mere matter of personal proferenoe,. and themselves in a helpless minority, at last cast their suffrages for the candidate who, though an earnest and thorough Re? publican, has demonstrated his libe? rality of political sentiment and his desire to serve the country as a patriot and not as a vindictive par ti? zan. We. mean Hon. F. A. Sawyer. Wonderful Tide ol Immigration. The current of emigration from Germany to the United States, al? ways large, is now expanding into almost startling proportions. It ap? pears that from January 1 to June, the number of emigrants who start? ed for the United States by way ol Bremen was moro than 27,000. In addition to this, nine steamers were advertised in the beginning of June to sail from Bremen for New York and Baltimore, which would bring over, it was anticipated, 7,000 mort emigrants. Tho increasing magni? tude of the German emigration ii beginning to be discussed by tht statesmen of that country, as a se? rious drain upou thd population oj thoso districts from which they art drawn, and even upon the strength o: the nation. A recent con venation witl Baron Von Beust, tho Prime Minis tor of Austria, is published in tlx magazine Hours al Home, and, arnon! other things, tho distinguished Ger mau statesman is said to have al laded to the increased emigration t< America, brought about by tho lat political ohangos in Northern an< Central Germany. "What a sac spectacle," ho exclaimed, "to se hundreds of thousands of strong au? able-bodied Germans leaving ou: shores and helping to build up magnificent empire beyond the Ai iantic. Hero is a question to b solved by our political economists to doviso moans and ways of publi economy by which an end would fa put to this most calamitous loss c tho nation's vital strongth." The Baltimore Sun suggests thai so long as largo standing armies ai kept up in Europe, involving heav taxation, and so long as rivalries ( dynasties for ascendancy keep th population of Europe always in per of war, tho exodus of tho people wi go on, especially under tho additioi al incentivo of tho greater denian and higher remuneration for labor i this country. Hinco the forced unie of so many lately independent Stat< with Prussia, a considerable incrcai hos been made in tho income tax, I ' which tho common laborer now \nv two per cent, on his small year! earnings, and all who have an incon over a thousand rix dollars, pi throe per cent. Whilst this last not as high as our own oppreesi income tax, it is collected montfal and in a very vexatious manner. 3 .?.. ' - ????Hill*! determining the taxable property of each citizen, the house rent is re? garded by the assessor as the baals of the estimate! and it is assumed ?hat his income is five times the amount of his actual or estimated house rent. If li? protest; bo must be sworn and subjected to a detailed examination. In the villages, the tax-gatherers tiog their bells up and down the streets, summoning the tax-payers to come out and settle their monthly dues. Labor and industry bear the whole burden of taxation, ministers, teachers and Government bffloers being free. In the Rhino region and about tho Main, there are some most embarrassing regulations about the time and method of till? age, whioh may be considered in the nature of a tax on labor and pro? duction. It is said that tho laws, which, in Germany as in France, partition ont the landod estate of a decoased pro? prietor among his children, have gone so far that the right of way in certain districts to these fractional lots exceeds the value of the land. Tho wages of labor aro very low common field laborers getting twen? ty-four dollars a year wages, with their board, which is estimated to cost about sixty dollars more, and women about sixteen dollars a year, and the same quantity of food. Or, by the day, thirty-two cents a day for men, and sixteen cents for wo? men, during the harvest season. Two pounds of black rye bread, a quarter of a pound of cheese, sufficient pota? toes, with butter or lard to cook them with, on four days of the week, and every other day a half a pound of meat. Cabbages are sold at $1 the hundred head, and aro considered an article of luxury, not entering into the common food of the laboring class. Meat costs from ten to four? teen cents per pound; flour seven cents a pound; potatoes seventy cents for 200 pounds. The price of labor has only risen two per cent, in ten years. Mechanics' wages are from forty-eigbt to fifty-four cents per day. It is a noticeable fact, howover, that the emigration to this country is usually from* districts tho most advanced in comfort and mental activity, and it is the best and not the worst part of tho laboring popula? tion that comes to America. Whilst the cost of living may bo considerably less in German than in this country, yet the higher wages here and tho greater comfort and case of living in the United States, especially in the Southern States, present very strong attractions to men of enterprise and aspiration. A Now York contem? porary, in a lato article, expresses itself gratified "to notice that Ger? man emigrants are beginning to di? rect their attention to tho South as a field of enterprise. In many impor? tant respects tho South offers supe? rior advantages to tho industrious and thrifty emigrant than are offered by the West. Wo commend tho Sonth to the Irish and the Germans both. Tho South needs their little capital; needs moro their labor-and the rich and teeming soil is ready to re war i thom. To tile Legislature. Governor On', in his message to you, while he has givon much good advice, has also made recommenda? tions which, if carried out by you, are calculated to bring your body into disrepute. You have all sworn to "recognize the supremacy of tho Constitution and laws of tho United States over tho (ion st i tu ti on valid laws of any State." Tho Constitution of tho United States prohibits you from passing "any law impairing tho obligation of contracts," (article 1, section 10.) You, and all Judgos in tho State, aro bound by the docisions of tho United States Supremo Court, whoroin it has givon construction to the provisions of the Constitution. The United States Supreme Court has uniformly held that all e:cemption laws (among which are classed home? stead laws) that are retrospective, or apply to existing contracts, aro in violation of the above provision of the Constitution. Governor Orr has advised you to apply the homestead law to existing liabilities, and cited you to several State decisions. Thoy have no force here, nor in the States where de? cided, if they conflict with the doci? sions of the United States Supreme Court. Governor Orr must know this. I, therefore, shall not examine into the State decisions given by him. But he has cited a decision of the ? I ' 1 1 " United States Supreme Court itself to sustain his position. . All the de? cisions of this Court that ? have over read are exactly against him. Now, let us examine the one he quotes. Ho cit03 as follows: "Judge Woodbury, in the case of the Planters' Bank vs. Sharp, 6 How? ard, pago 301-330, in delivering the opinion of the Supreme Court of the United States, enumerated laws ex? empting tools or household goods from seizure, among the examples of legislation respecting the remedy which might be constitutionally ap? plied to existing contracts." ? On referring to 6 Howard, 380, you will find that Judge Woodbury says that, when State laws affecting past contracts are allowed to stand, thoy "relate to modes of proceeding in courts, to the form of remedy merely, to priority of some classes of creditors, to the kind of process, to the length of the statutes of limita? tion, to exempting the body from imprisonment, or tools and household goods from seizure." Here is where Governor Orr finds his law. Now, "tools," and other articles connected with the labor of the citizen, have always boon regarded as matters affecting tho person so closely os to constitute exceptions to tho general rules of law. But, let Judge Woodbury explain himself. Immediately after Governor Orr's extract, the Judge cites, to ex? plain his meauing, 1 Howard, 315. This is the case of Bronson vs. Kinzie el al., where, on page 315, Chief Jus? tice Taney says: "Undoubtedly, a State may * * * , if it thinks proper, direct that the necessary implements of agriculture, or the tools of the mechanic, or articles of necessity in household furniture, shall, like wearing apparel, not be liable to execution on judgments. Regula? tions of this description have always been considered, m every civilized community, as properly belonging to the remedy, to be exorcised, or not, by every sovereignty, according to its own viows of policy and humani ty." "Tools" and "household furni? ture," then, belong to an exceptional class, to which homesteads do not belong, as Governor Orr would have you infer. This one case is all that has been cited from tho United States reports, to give countenance to the unconsti? tutional recommendation made to you. I have shown, that the sentence quoted does not apply to homesteads. By citing this case, Governor Orr has acknowledged its authority, and it is of authority, and, what is more, you are bound by it. Now, all I ash of you is, to take that case for yoni guide. For fear you will not read it, I will give you a few quotations, which Governor 0;T, while reading the case, must have seen. Judge Woodbury, in rendering the decision of the court, (the United Supreme Court,) on page 327, says: "One ol the tests that a contract has been impaired, is that its value has, bj legislation, been diminished." Appbj this test: A man owes you 8500; ht owns a homestead worth $1,000, anc owes nobody oise. Your debt is, then, fully worth ?500. But, mak< the homestead law apply to existing contracts, and thereby exempt thii Si,000 homestead, and does this no' diminish the valuo of your contract ' And on page 330 (tho same pagi cited by Gov. Orr) tho Judge sayi that the State laws which are uphelc "are such laws only as relate t< future contracts," or are such ones, ai already cited before, as applying t< exceptional articles. Even homesteads, that might here after be acquired, cannot be exempt ed from liability for debts existing a tho time of the passage of the law Are you not astonished that I shouh cite Gov. Orr's case to prove this On page 328, the Judge says: "Stat insolvent laws, if made like this law to apply to past contracts, and sto] suits on them, have been held not t> be Constitutional, except so far as t discharge tho person from imprison ment, or in some other way affec only the romedy. When so restrict ed, thoy do not impair tho obligatio: of tho contract itself, because th obligation is left in full force an actionable, and future proporty c well as present, subjected to its paj ment, and tho body exonerated onl as a matter connected merely wit the form of tho remedy. * * * * * * But where future acquis tions are attempted to bo exonerates and tho discharge extended to th dobt or contract itself, if done by th States, it must not, as hero, apply t past contracts; or it is held to impax their obligation." He then cites tc authorities to sustain tho court. The expressions in tho last extrae of "stop suits," and of the obligatio being left "actionable," leads mo t tho following astounding rocommei dations in the message referred to : "Further moasures of relief froi the pressure of indebtedness will t required; and inasmuch as the courl are to bo re-organized, and ne duties to bo assigned to the Sherill' it would bo wise to allow the presei crop to bo gathered and markote before claims are permitted to bo ei forced. "I, therefore, recommend that a Sheriffs be prohibited from enforcin executions in their offices, upon debi contracted prior to the first day < May, 1865; and that Judges bo Uk wise restrained, until the first day < Mareo, 1869, from giving judgments in all snob case 3." Thia is aim an insult to your understandings. The measures re? commended have been declared by the United States Supremo Court null and void time and again. In our Courts of Errors two Judges (among them the Hon. F. J. Moses) have, in the case of the State vs. Carew, 13 Rich. Law, 498, decided all suoh laws as these recommended, to be in violation of the Constitution of the United States. Only one Judge held the contrary; and he was of such an extreme mode of thinking, that the Commanding General had to remove him for refusing to allow negroes to sit upon a jury. Pass no unconstitutional law. You thereby bring discredit upon your? selves and weaken your party. You benefit no one in the end. You give creditors tho trouble and expense of causing the United States Supreme Court to declare your laws null; pro? vided your own Judges be so ignorant or regardless of their oaths, os not to declare them null and void in the first instance. You will hardly adopt Gov. Orr"s theory: that heretofore this State bas been "beyond the operation of the Constitution of the United States;" but if you do, you must certainly admit that now you are subject to the provisions of that instrument. LAW. Ttic Clim liston Mercury and Our llallroadt. Mn. EDITOK: The Charleston Mer? cury, of the 7th instant, contains an editorial, denouncing tho policy of tho President and Directors of the Charlotte Railroad, as hostile to Charleston. This article assumes that the Charlotte Road was built, in a great degree, by Charleston capital, when the city only subscribed $10,000 to its stock; that the Char? lotte Road "is operated by foreign interests, and to the detriment of the commercial metropolis of the State, and, therefore, to the detriment of the State." These are remarkable statements, and will be news to the stockholders of other roads and citi? zens generally of the State. "And, not only this, but this same hostile interest is now further strengthened, by lengthening the line of this same Charlotte Road to Graniteville. When this extension will be completed, a large part of the commerce of tbis Stato will bo token off over 300 or 400 miles of North Carolina railroads to Portsmouth, Virginia." The editor continues: "Cotton grown 100 miles from Charles? ton will, by .'M? policy, be forced to Portsmouth." Tho general and vague statements contained ia the foregoing para? graphs, only require repetition for their refutation. Upon the partial statements in the editor's remarks about "equitable arrangements" and what this road offered and that de? clined, it is unnecessary to comment. There are two sides to every coutro versj', and it is presumable tho edi? tor hos heard only one, and his judgment in deciding the case might bo regarded os ex parte. It is well known that the Charlotte and Charleston roads, for somo rea? sons, have not harmonized, and that the former, knowing its unpopularity in tho State, has endeavored to thrust the city of Charleston into the controversy, to create some sympa? thy or interest in its behalf. We would rejoice to see the prosperity of Charleston restored, and all the trade and business of the State and adjoining States made tributary to her commerce. And, Mr. Editor, did not the Charlotte Road, (until tho present administration of the South Carolina Railroad,) contribute, as much as any other road, in pro? portion to its means, to the com? merce and wealth of Charleston? It brought foreign trade and capital to tho city, from nearer Portsmouth than its Northern terminus. But lot the friends of Charleston not assume that Char!jston is tho State-that all tho roads in the State wero built by her and tho State, for her interest and the "convenience" of others. These claims have long been set up by the South Carolina Railroad, and the remarks of tho Mercury appear moro in defence of its policy than for the interests of Charleston. The South Carolina Railroad Com - pauy, as represented by its President, has been decidedly hostile to tho con? struction of the Columbia and Au? gusta Railroad; and has been unceas? ing in bis opposition to it, even after ordering its track to be torn up, and one of its trestles to be torn down, and after tho bill ho filed to enjoin its construction was decided against him. As tho Charlotte Road has aided in the construction of this ex? tension, so-called, it seems to have incurred the displeasure of tbe au? thorities of the South Carolina Rail? road also. Hence the many articles in the Mercury, denunciatory of both roads. Now, I am a stockholder and friend of the Columbia and Augusta Railroad, and believe and hope that it will be built not only to Granite? ville, but to Augusta; and also fully concur with the Mercury, that it will take cotton to New York, from within 100 miles of Charleston, if tbe pre sont policy o? the South Carolina Railroad is continued. I believe it will also take much of the cotton and other freights from Augusta to New York, over the South and North Carolina, and Virginia ' Railroads. I concur fully with the Mercury, in this, and believe that the larger por? tion of the valuable merchandize will come from the North, over this same route of 500 miles, by rail to Augusta. And will it not be a beautiful com? mentary upon the management of the South Carolina Railroad, as the Mercury states, to take the freight from within 100 miles of Charleston by a different route. This would be a great detriment to Charleston, and I should regret to see it, on her ac? count; but if the South Carolina Railroad cannot take the freight as cheap by rail 100 milos, as other roads can 500, then she and Charles? ton both deserve to lose it, because the road is owned and governed by Charleston and hor interests entirely. I am the friend of internal im? provement, and favor the construc? tion of every road that can be built in the State, and invite all the foreigu aid and capital to build them through every District in tho State. Tho unwarranted pretension has too long beon maintained, that one corporation alono has the sole and exclusive right to construct railroads over nearly one-half of the State of South Carolina, thus denying all progress and improvement to a large portion of her people. Such mono? polies are not only against the great interests of tho State, but contrary to the genius and.spirit of a free people and republican institutious. Such exclusivo rights and privileges should not be tolerated in any State. Siuce writing the foregoing, I have learned that the Charlotte Road has now in operation a tariff made and proposed by it to the South Carolina Railroad, between Charlotte and Charleston, cheaper by far than any one ever heretofore in operation, either before or since the war. And that within the last two years it made two tariffs, from Charlotte, through Charleston, to New York, and other Northern cities, cheaper than via the Portsmouth route, and that both of these were departed from by either the South Carolina Railroad or the Steamship Company in the trans? portation of freights, which caused heavy reclamations to bo made upon the line for over-charges; and thus greatly impaired the confidence of all shippers in the up-country through Charleston. That same cotton thus shipped from Charlotte, when it reached Charleston, was re-shipped via North-eastern Railroad, through Wilmington and Portsmouth to New York, with greatly increased oharges in excess of the tariff agreed upon and published. When the Mercury wishes to pub? lish articles which bear internal evi? dence that all the information con? tained in thom has been derived from officers or agents of the South Caro? lina Railroad, in their defence, for having, by a suicidal policy, impaired the com merco and prosperity of Charleston, we would suggest that it designate the real party to the con? troversy, and not substitute that good old city we all so much love. Two years since it cost $10 per bale of cotton to ship it from Columbia to New York via Charleston. The Charlotte Road relieved the planters and the people of the State by taking it from Columbia to New York at $5 per bale, and now takes it at $?. This was the unpardonable offence of that road ; and tho South Carolina Road, seeing the power it had to reduce freights, feared "the extension," as it calls the Columbia and Augusta Railroad. Hence the war upon it, by tearing up its track, pulling down its works and filing bills to enjoin its construction. Tho South Carolina Railroad has exercised its monopolies too long for the good of the State and the city of Charleston; sud now, in order to maintain this monopoly, which has hung like a dead pall upon the energies of the people and the vital prosperity of that good old oity, she would strangle, in its inception, every competing road in the State which would unlock its commerce and give prosperity to her people, as she endeavored to do with tho Columbia and Augusta Railroad when struggling for existence in a terribly depressed condition of the country. EDGEFIELD. Tho Yorkshire (England) moors have been completely devastated by thc fires, which, having been acci? dentally kindled in the dry bush, spread over tho wholo face of the country. The Aro was still smoul? dering on the 2Gth of Juno. Nearly 4,000 acres of moorland have been left black and desolate, with scarce a living bird or animal, or vegetable, excepting the largest trees. The young grouse and rabbits, whieh abound on these moors, have been totally destroyed, and sheep grazing there have, in some instances, pe? rished. ' _ The Informers' Bureau, whioh was started in New York some time since, is said to be still in operation. Cir? culars are sent out by it to tho people through the oity, offering to report whore their wives are to be found during their absence at business, or to "work np" any and everything that maybe entrusted to the manage? ment of the "bureau." Xjooal X-torrLsa. The colored Presbyterian Church (Iodated on the site of the Lecture Boom) is rapidly advancing towards completion. It is a qu?er-looking, but very commodious and conve? niently-arranged building. Ice cream and soda water should be at a premium, with thc mercury in the hundreds. Thank Providence, we are not faring as badly as the people in some portions of the North-our despatches asserting that such weather has not boen expe? rienced iu that section for many, years. _ j \ ' THE STATE TREASURER'S BOND. It was announced, a few days since, that the State Treasurer elect, "un? der the new order of things," Niles G. Parker, had, after great tribula? tion, succeeded in securing the ne? cessary endorsement of his official bond, and was about to qualify. We learn that he is not yet in the pro? mised land, as his Excellency Go? vernor Scott discovered, to his en? tire satisfaction, on his recent visit to Charleston, that the securities proffered by Parker, amongst whom was tho candidate for the .Senatorial chair, Dr. Albert G. Maokey, were utterly worthless, and ordered the bond to be cancelled, and Mr, Hood to retain possession of the office un? til a good bond has been substituted. Como forward, ye "trooly loil," and help Mr. Parker out of his difficul? ties. Somebody who has been bitten six times by a mad dog, recommends ? that a wound caused by the incisors of a rabid canine be bathed with a mixture of one pound of common salt and a quart of water, and after-. ward to bind salt on the wonnd for twelve hours. By this treatment, the man of experience says, the .virus will be destroyed and a cure effected. MAIL ARRANGEMENTS.-The post office open during the week from 8}.< a. m. to 7 p. m. On Sundays, from . 4 to 6 p. m. The Charleston and Western maila ' aro open for delivery at 4M p. m., and close at 8 j j p. m. Charleston night mail open h}.j a. m., close 4W. p. m. Northern-Open for delivery at 8}? a. m., closes at 2.45 p. m. Greenville-Open for delivery 5|< p. m., closes at 8>? p. m. NEW ADVERTISEMENTS.-Special at tent iou is called to the following ad? vertisements, published for the first time this morning: Wanted. Doss Bremen Schiff Gauss. Notice-A. F. M. D. C. Peiiotto & Son-Auction. NOTICE--A.'. F.\ UL:, THE Committees recently appointed from tho different Masonic Lodges, in this city, are requested to meet THIS (Wednesday) EVENING, at 8 o'clock, at MasonioHaU. RICH ABD TOZER, . July 15_. Longest). WANTED. ACARPET of first quality-English Brussels or Tapestry-17J feet by 16| feet, for cash. Also, some beat quality FURNTTURE, both second hand. July 15_ 3* Dase Bremen Schill' Gauss. CAPT. H. WIETING, WIRD BESTIMMT AM ISTEN OCTO? BER, D. I. von Bremen direct nach Charleston expodirt werden. Diejenigen, welche geneigt ?ind, Ver? wandte oder Freunde, auf Scheme mit ?onuegen der Security, ueber kommen zu isaen, wollen eich dieaerhalb gefaelligat Zeitig wenden an in Charleston. S. C. M. H. KAPPELMANN, July 15 2*_Agent. LOST, SUNDAY MORNING, BETWEEN tho Phonix Offico and tho Presbyterian Church, a CORAL NECKLACE, with Gold Beads and Gold Clasp. A suitable reward will be paid for its return to this office. July 14 Fresh Soda .Biscuits, AND other CRACKERS, just received, and for sale low, by Joly 14 FISHER A LOWRANCE. DISSOLUTION.' THE copartnership of J, 8. HANAHAN A CO. is dissolved, by tho withdrawal of Messrs. D. W. RAYA WILLIAM WES? TON. Tho business will bo conducted undor tho name of J. S. HANAHAN, who will closo up tho business of J. 8. HANAHAN A CO., and Bign in liquidation. JulyJ, 1808._July 14 2* Smoking Tobacco. 1 f\f \ LBS. Pure Spanish SMOKING ?UU TOBACCO, 100 lbs. Lone Jack Smoking Tobacco. For sale low by E. A G. D. HOPE. July li)_ Claret Wine on Draught. ASUPERIOR quality of TABLE CLA? RET, for aale, on draught, by Joly 2 GEORGE SIMMERS. FRUIT ! FRUIT ! I BOXES ORANGES, \\J 10 boxes Lemons, Pecan Nut8, Filberts, Almonds, io., ?cc, j nat received and for aale by Joly 2 GEORGE SVMMER8. ' T1i?? Ufa of ?ll Aesb la blood. The health of all life ia pure fleah. Puro blood keeps ont all diseaaea. The Quean's De? light purities the blood.