The daily phoenix. (Columbia, S.C.) 1865-1878, September 01, 1868, Image 1
Daily Pane* I? a Year; "Let our Ju_t Censure
Attend the True Event."
Tri-Weekly $6 a Year
BY JULIAN A. SELBY. COLUMBIA, S. 0.. TUESDAY MORNING, SEPTEMBER 1, 1868.
x i r rj x xxvA?JJi li_V?
s-OBtiauao PA ti.Y Jkin> THI-WKBXXT.
THE GLlAfiER,
EVEB? WEDNESD.VT MOBSTOO.
BY JULIAN A. SELBY,
EPITOB AND PBOPBIETOB.
Office on Main street, a few doorB above
Taylor (or Camden) street.
TERMS-IN ADVANCE.
sttB?oBirrio?.
Daily Paper, eix months.fi 00
Tri-Weekly, ?? ? . 2 50
Weekly, " " v..... 1 50
AJDVEBT1BEMENT8
Laserted at, 75 conts pox square for the flr?t
Insertion, and GO contsforeach subsequent.
Weekly 75 cents eaoh insertion.
aar A liberal discount made on the above
raies when advertisements are inserted by
ike manth or year,
, AGENTS.
Lexington-B. J. Hayes.'
Spartanburg-Hiram Mitchell,
j. R. Allon, Chostor.
. S. F. KlUard, Newberry C. H.
.vj J James Grant, Union.
Julius Poppo, Anderson C. H.
Seed Rye and Oats.
XT^OR 8ALE BY
JD Aug 23 FI8HER Sc LOWRANCE.
Brinly Plows.
Fstore and for sale by
Aug 29 FI8HER & LOWRANCE.
Seed Oats.
FOB SALE BY
Aug 27 FISHER & LOWRANCE.
-!-:
Fresh Country Butter.
FOB SALE BY
Aug 27 FISHER Sc LOWRANCE.
Corn ! Corn !
RAA BUSHELS CORN. Just arrived
OvVJ and for salo low by
Aug 23 0_J. A T. R. AONEW.
THE CASH SYSTEM.
?~i"jrr*Q to the unsettled condition of
\_/ the country, and many other matters
connected with carrying on business suc
,'ceBBfuUy, and satisfactorily to all con
- corned, we have come to tho determination
virvt? adopt tho CASH 8Y8TEM, and sell only
for CASH, after the 1st of SEPTEMBER,
j?ext; which will enable us to buy our
" '" goods for cash and sell at such LOW
PRICES as will bo a sufficient inducement
for all who desire CHEAP and GOOD
GROCERIES to call and make their pur?
chases. Come one, come all, and buy
your goods cheap, and no afterclap.
Aug 27 CAMPBELL & JONES.
FRESH TAMARINDS.
THIS fruit is both nutritious and cool?
ing, in cases of fevers or other dis
^.POLLARD'S.
Corn! Corn! Corn!
T"iyHOLE8ALE and retail, at
YY Aug 9 8WYQERT Sc BENN'S.
New Supplies.
"T71GG BI80UITS,
Hi Lomon Crackers,
Oyster Crackers,
And Milk Biscuits, at G. DIEROK8'.
NEW PUBLICATIONS.
rjlEQE HERMITS; by Charles Kingsley.
U,,:,X Democracy in the United States; by
B. H. Gillett. ?2.50. *
.tr**! Little Foxes; by Mrs. Harriet Stowe.
$1.75.
The Nile Tributaries of Abyssinia, with
J!?-'Map and Plates; by Sir Samuel Baker.
$2.75.
Beaumarchais, an historical novel; by
Brachvogel. Price $2.
Capo Cod and All Alongshore; by Nord?
hoff.
New Testament History; Dr. Smith.
,i ? Scott's Waverly Novels, London edition.
25 cents. Also, Dickens' Novels, same
price, tor sale at
BRYAN * McCARTER'S,
Aug 28_Bookstore.
FOR RENT.
rflHB TWO STORY BRICK DWELLING,
A. on Main street, now occupied by W.
;W. O. Swaffield, containing Ten Rooms.
Kitchen att .ched to the boneo. Water on
both doors. Possession given October 1,
or sooner if desired. Apply to
Aug 21_R. SWAFFIELD.
Aromatio Life Bitters.
?SUPERLATIVE TONIC ?nd Invigor
. ating Cordial, composed, in part, of
erican Centaury and Life Everlasting,
with other valuablo vegetable products.
It will be found an excellent STOMACH
BITTERS, an appetizer, and aa anti
dyspeptio remedy. It ia invaluable as a
Tonio, for Debility, Indigestion, Loss of
Appetite, Nervousness, Torpid Liver,
' ftfuggish Circulation. A gen .irons stimu?
lant, quickening the action Of the organB
of life, and imparting new powers to tho
wholo body.
Directions.-A. table spoon-full to a wino
glass may be taken, as often aa occasion
requires, with a little sugar and water,
or without. (Dyspeptics may take it Just
beforo meals.
For aale by FISHER Sc HEINIT8H,
August lit_?_Druggists.
A Paying Investment.
TUE boat investment is that which gives
the largest return for the monoy laid
ont. A oiok mau, nuable lo attend to his
business, must necessarily lose his time,
whilst his exponaos goes on with unremit?
ting waste. On? dollar spent for that
restorative cordial, "HEINITfQ'S
QUEEN S DELIGHT, secures tho blese
ings cf hoaltb. removes diaeaso, invigo?
rates tho whole system, and, in ?bort,
makes tho sick mau well. What better or
greater return could have boon made with
one dollar? For sido by
FISHER &HEINIT8II,
Aug 10 t_Drnggiata.
Scrofula, or King's Evil, JB cured by
using Heinitah'a Queen's Delight.
?.MANHOOD."-Another New Medical
Pamphlet from the pen of Dr. Curtie. Tho
Medical Times says of HUB work: "Thia j
valuable troatiao on tho cauao and cure of j
prematuro decline ahowa how health ia
impaired through aecret abuaes of youth
and manhood, and how easily regained. It
gives a clear synopsis of the impedimenta
to marriago, the cauao and effects of nor- j
voua debility, and tho rem?di?e therefor."
A pocket edition of tho abovo will be for- i
warded on receipt of 25 C?mts, by ad?
dressing Doctor Curtis, No. 189 F street,
Washington, p. C. May 27 ly
NOTICE.
ALL persona anywiso indebted to tho
estate of FRITZ ZE8TERFLETH,
deceased, will pie neo como forward ana
settle tho samo, and all persona having
demrmds will prosont them, properly at?
tested, for payment to W. STIEGLITZ.
Administrator of tho estate of F. Zes
terfloth._Aug 27 6
COME ONE ! COME ALT, ! !
I have juat
r< . turned from
Now York and
Philadelphia,
where I navo
selected eome
of tho most
fashion able
stvlea of
JEWELRY,
WATCHES,
CLOCKS and SILVER, which will bo offer?
ed at greatly reduced prices.
ALSO,
EYE-GLASSES and SPECTACLES of |
every style and description, to tuiit both
near and far-sighted eves. DOGWOOD
SETS only 50 cont?. JET $1. Call and
soo at I. 8ULZRACHER'8,
8ign of Green Specks, ono door below
Phonix Office, Main Btroot, Columbia, S.
C.
? ??
REFAIIUNCI
OF WATCHES. CLOCKS and JEWEL?
RY, dono at short notice and warranted.
Aug 29 \_I. S.
18G8. 1808.
FALL AND WINTER
IMPORTATIONS
MILLINERY GOODS, RibbonB, Trim?
ming Ribbons, Velvet Ribbone,
Silks, Satins, Velvets, Fancy bonnet Mate
r?ala, Blonda, Crapes, Netts, French Flow?
ers, Plumes and Ornaments. Bonnets aud
Ladies' Hata, in Straw, Silk, Velvet and
Folt. Wo offer the largest and best as?
sorted st eek in the United Stat es, compris?
ing all tho latest Parisian novelties, and
unequalled in choico varioty and cheap?
ness. ARMSTRONG, CATOR & CO.,
237 and 239 Baltimore street,
Aug 26 C?_Baltimore
D. W. HAWTHORNE,
Broker and Comn?ssion Merchant,
WALHALLA. 8. C., and Honoa Path,
8. C., will attend to all business
entrusted to his caro at either place.
Augnst 13_
FLOUR.
A (\ BAGS OF FLOUR, every sack gua
TCV/ rantoed. For salo by
August 8 FISHER & LOWRANCE.
RICE! RICE!!
2TIERCES OF PRIME CAROLINA
RICE. For Bale low for caeb.
August 8 FISHER & LOWRANCE.
NEW BOOKS.
AZ ILE. By Mrs. Jano Cross, $1.50
History of a Mouthful of Bread
new edition. By Joan Mace, $1.75
Tho Servants of tho Stomach. By same
author, $1.75.
The Maternal Mauagemont of Infancy,
for tho Use of Parents, 75c.
The Hormita. By tho Rev. Charles
Kingaloy, $2.
Now Testament History. By William
Smith, LL. V.-Uniterm with Old i enta?
ment history, soon to bo published, $2.
Tho Old World in ita New Face-imprea
aiona of Europe in 1867-68. By Henry W.
Bellows. Volumo 1, $1.75.
And many other new Booka.
DUFFIE & CHAPMAN, Booksellers,
August 13_Columbia. 8. C.
COTTON GINS
AND
CONDENSERS !
SAMPLES of the EMORY GIN. BROWN
GIN and CLEMENTS, BROWN & CO.
GEORGIA GIN, in store and for salo by
Aug 12 FISHER & LOWRANCE^
Fresh Supplies of Family Groceries,
SWYGERT <fc SEAN'S.
August 9_.
Seeds, Landreth's Seeds.
INTER DUTCH TURNIP SEED,
Ruta Baga Turnip Seed,
Large Globe Turnip Seed,
Largo Norfolk Turnip 3eed,.
Parole Top Turnip Seed.
, For salo by FISHER & HEINITSH.
I W ?_-__t
? STILL LIVE.
THE great SUMTER BITTERS havol
only to be tried to bo appreciated. AaJ
a summer tonio and invigorating medi?
cino, nono is equal to it; aa a stomach_ ap?
prizer and a promoter of digestion, it ia
tho boat Bitters out. Onlv try it, and your
oxperienco MU attest the truth of our
advice. For sala wholesale and retail, by
FISHER A HEINIT8H, Druggists.
,M*fM7_' . . .- ? t
Enameled Preserving Kettles,
ENAMELED and PLAIN SAUCE PANS.
FURNACES, Ao., fto.,Just rooeived
and for sale, low, by
July 24 FISHER A LOWRANCE.
MRS. S. C. GOODWYN
WILL resume tho exercises
of her 8chool, on TUESDAY,
tho 1st of September, on As?
sembly between Plain and Tay?
lor et reet s.
Aug 2G _ _ 6*
MRS. OORDES
jam*. WILL resumo her School
//38k SEPTEMBER 15.
UfTOrr She will also givo lessons in
^ggEaEMUSIC. FRENCH, LATIN,
^WSSFDRAWING, PAINTING, EM
<&jr BROIDERY and WRITING.
Aug 23_tC
Colombia Male School.
jm^ THE SCHOOL known under
/TZBBL the abovo designation, forinor
JlijBhlv conducted bv tho lato Rev.
>SHo>P- W- PAPEi bo "-opened
yjy by tho subscriber on the 1st of
OCTOBER next, or at an ear?
lier dato, if tho necessary preparations
can be mado and tho School apparatus can
bo procured beforo tho let of October.
The patrons of tho School and others in?
terested, who may desire information re?
specting tho plan and course of instruc?
tion, and the terms of tuition, are
requested to apply to tho subscriber, at
his residence, (Dr. Parker's cottage, West
of tho Lunatic Asylum,) or at tho book
store of McBsrs. Bryan fi McCarter.
Aug 26 W. J. LAVAL, Principal.
University of South Carolina.
COLUMBIA, S. C.
THE next Session will begin
JlnB<?.c;i tbo firat MON1)AY iu 0ct?
^asfifSi-ber. This University ?fters
^gSsgpuvcry advantage for thorough
training iu tho Literary and
T Scientific branches, and in the
Schools of Law and Medicine.
The aggregate expenses for tho 8ession
of nine months are-For a Student in
three Literary or Scientific Schools, about
$290; for a Student in Law, about $280;
and, for a full course in the Medical
School, about $370. Theso Bums includo
fees for tuition and UBO of library, board,
room-rent, fuel, lights and washing.
For Catalogues, or further information,
address Rev. C. BRUCE WALKER. Secre?
tary of Faculty. R. W. BARNWELL,
July IC j_Chairman of Faculty._
Smoking Tobacco.
1 AA LBS- p"ro Spanish SMOKING
IUU TOBACCO,
100 Ibo. Lone Jack Smoking Tobacco.
For sale low by E. & G. D. HOPE.
July 10_
HENRY TAHLR,
. FRENCH PAINTER. HOU8E
<gj?g>PAINTING and Decorating, Paper
s$ZSf?t Hanging, &c., executed with
neatness and despatch.
ALSO,
PLASTERING and general House Re?
pairing. Office on Boundary street, ono
square East of Main. July 26
THOMAS & BELL,
BUILDERS AND CONTRACTORS.
ALL work in tho department of mecha?
nical, construction executed with
promptness and skill.
J. P. THOMAS. J. C. BELL.
June 17_
THE MORRIS COTTON GLN.~
THE subscriber would inform Planters
that ho has commenced the GIN
business again, and can fill a few orders.
Those in want of Gins would do well to
speak early, as a limited number will be
mado. Prico $3.50 por saw. Terms cash
or city acceptance. E. MORRIS.
July IC }3mo
Ti A rt a TX A TTC!
Purifies the Blood.
For Sale by Druggists Everywhere.
July 21_IIITlyr
Choicest Family Groceries.
JU8T received, the following FRESH
SUPPLIES, selected expressly for
first-class trade and for sale at lowest
market rates:
3 bblB. NEW YORK EXTRA SUGAR
CURED BACON STRIPS, small,
2 tierces Orange brand Hams,
20 bois, assorted Sugars, from 12} cents
por pound,
100 boxen Scaled Herrings, very cheap,
50 bbls. Flour, assorted, some very su?
perior.
Now crop Tea, Black and Green,
With all the favorito Sauces, Pickles,
etc., which make up the odds and ends of
a first-class Grocery.
Wines and Liquors.
HAVING lately returned from the Bal?
timore, New York and o thor North?
ern markets, the goods in this line have
been personally aoleoted, with tba utmost
care, and can confidently be recommended
aa unBurpassablo in qualiiy and moderate
in price. Stock comprises,
WHISKIES, common to beat brands.
Genuino French and imitation Brandv,
Holland Gin, Champagne, "Lac d'Or,"
Sherry, Madeira, Port and Malaga
Wince. For sale by
August 23 GEORGE 8YMMER8.
Summer Tonics and Invigorants.
HOSTETTER'S BITTERS,
Schiedam Schnapps,
Sumter Bitters,
Plantation Bitters,
Cheanut Grove Whiskey.
For sale by FISHER * HEINIT8H,
July 22 f_Druggies.
INDUSTRIAL ASSOCIATION.
JUST received, new pattorns of Dresses,
Sacques. Capes and Overalls. Also,
new Hoop Skirts. August 23
FISHER & LOWRANCE.
COLUMBIA. S. C.
FORD & COYS
Excelsior Magic Salve !
AND
WASH!
IS UNDOUBTEDLY THE GREATEST
discovery of thc age. For tho euro of
RHEUMATISM,
WHITE SWELLING,
NEURALGIA,
BRUD3ES, BURNS,
CUTS, SCALDS,
And OLD SORES of every kind, no matter
of how long standing, IT HAS NO EQUAL.
Price for Salve ana Wash, 75 cents.
Ford & Co.'a Stomach Bitters,
ron cemita
DIARRHOA, CRAMP COLIC. AND ALL
DISEASES OF THE 8T0MACH. *
It cleanses and purities the blood, and
regulates tho bowele. For giving an ap?
petite, it is ahead of all other tonics.
Price, por bottle, $1.00. A liberal dis?
count to Druggists and Dealers.
*3T FORD A CO.'S REMEDDZS can bo
had of any leading Drug House in tho
United States. FORD & CO.,
Proprietors, Box 45, Augusta, Ga.
J83~ Large quantities sent, per Express,
to any part of tho United States, C. O. D.
E. E. JACKSON, Druggist,
Wholesale and Retail Dealer in Ford A
Co.'a Remedies for Columbia and vicinity.
August 15 ly
To Bridge Builders, Lumber Dealers
and Others.
SEALED PROPOSALS will bo received
until tho SECOND MONDAY of Sep?
tember, by the President and Directors of
tho Broad" River Bridgo Company, for the
following classes of work to be done, and
kinds of material to bc furnished, to bo
applied to the construction of DROAD
RIVER BRIDGE, near Columbia, 8. C., to
wit:
For Second Class Bridge Masonry, in the
Piers and Abutments,-per cubic
yard.
For Labor in constructing tho Super?
structure in Bridge, materials furnished
by tho Company,-per lineal foot.
For furnishing Wrought bron Rods and
Washers, finished,-per pounu.
For furnishing tho whrle. or in part, the
Pino and Oak Lumber m Superstructure.
Plans and Specifications of the Bridge
and Masonry, also Specifications of tho
Materials to bo furnished and profile of the
River, may bo seen and examined at the
office of Alex. Y. Leo, Engineer.
Tho President and Directors do not bind
themselves to accept any or tho lowest
bids. EDWARD HOPE,
Aug 19 17_President B. R. B. C.
THE CAROLINA HOUSE,
(OS LOCATED on Washington Btreet,
tfffnext to Brennen & Carroll's, is now
??under tho Bolo proprietorship of tho
undersigned. The best of everything, in
tho way of WINES, LIQUORS, ALE, SE
GARS, TOBACCO, etc., kept on hand.
LUNCn everv day at ll o'clock. Give
him a call, and test tho correctness of the
assertion made above.
Juno 19 RICHARD BARRY._
Fresh Crackers.
BBLS. SODA BISCUIT.
" Sugar Crackers.
" Ginger Schnapps.
*' Butter Crackers.
Also, Fancy Crackers, Egg Biscuit,
Cream Biscuit, Nonpareil Biscuit, Ac, for
sale by_J. & T. R. AGNEW.
New Arrivals.
FINE Sugar-cured Breakfast STRirS.
Sugar-cured HAMS.
Fresh LEMONS and NEW FLOUR.
G. PIERCES, at 8eegers'old stand.
FAMILY SOAP.
BY arrangement with Mr. R. C. Shiver,
we have obtained the Agency of thc
8?PERIOR WA8HING SOAP aoltf by him
for Bomo months past. A full supply is
now on hand and indi be furnished to his
and our customers at ?5 cents per bar.
Thia ia decidedly the best Soap in Columbia.
_July23 _J. &T. R. AGNEW.
Raisins, Figs, ftc.
BOXES Layer RAISINS, fino order,
?t) 25 Half Druma cooloo Smyrna FIGS.
6 dozen Assorted JELLIES.
3 dozen Canton GINGER. For aale by
July 26_E. A G. P. HOPE.
Wrapping Paper and Twine.
AFULL eupplv of WRAPPING PAPER.
Ahso, Paper Twine. Cotton ami Hemp
Twine. On band and tor sale by
June 16_J. Si T. R. AGNEW.
Ale and Porter.
"I rv CASKS Jeffrey'a Edinburg ALE.
IA) 5 casks English PORTER. For sale
by_ E. AO. D.HOPE.
Sugar-Cured Breakfast Strips,
A ND FINE GOSHEN CHEESE,
f\ at G- DIERCKS.
Bugara on hand._July 18
Pickles, &o.
1 i\ DOZ. Crosse A Blackwell's English
IW PICKLES, CHOW-CHOW ?nd PIC?
OOLTLI.
20 dozen American PICKLES, Capers.
Pickled Lobster. Pine Apples in glaea and
cana, Ac. For sale by E. A G. D. HOPE.
July lt?_' _
~~Rio Coflbe:
?>K BAGS FAIR RIO COFFEE. For
sale low to dealera.
June 14 E. A G. D. HOPE.
Mr. Chamberlain's ??Opinion."
LAW OFFICE OF HAYNE & SON,
No. 22 BROAD STREET,
CHARLESTON, 8. C., lug. 29, 1868.
I find in yesterday's Courier, Mr.
D. li. Chamberlain's "opinion in
writing as to the legality of a bill to
closo tho operations of the Bank of
the State of South Carolina." Mr.
Chamberlain states that this opinion
is given by him as Attorney-General
of South Carolina, in response to a
resolution of the House of Bepre
Bentatives, adopted on the 22d in?
stant.
In tho case of Dabney, Morgan ?fe
Co. vs. The Bank of the State of
South Carolina, et al., ponding in the
Court of Equity, for Charleston Dis?
trict, I represent not only tho bank,
but, with others, the house of Baring
Brothers <fc Co., of London, repre?
senting the fire loan bond-holders in
Europe, and a portion of the fire
loan stockholders in America, and in
addition, as a party to said suit, I
likewise put in an ansicer as Attor?
ney-General of the State of South
Carolina, and, as such, represented
the State of South Carolina.
Mr. Chamberlain's opinion comes
in direct conflict with the positions
maintained by me in these several
capacities, and may perhaps contri?
bute towards acts of legislation
which, if adopted, will affect injuri
ously, or at least embarrass, th(
clients whom I represent. I will bt
pardoned, therefore, for publishing
somo remarks in reply to the elabo
rate argument of Mr. Chamberlain.
For the purposes of this reply, ]
will suppose that Mr. Chamberlain ii
Attorney-General de jure 'as well ai
de facto, and I will suppose that th<
Legislature now sitting has all tin
power and authority appertaining t<
the past Legislatures of South Caro
lina; or belonging to tho Legislature:
of any of the old "THIRTEEN" whicl
have NOT been subjected to "recoil
strudion," though it is well knowi
thnt all this is disputed by n part;
which embraces, undoubtedly, a mn
jority of the white people of thes
United States. But I deny "that th
State has, in the exercise of he
ordinary legislative discretion, a clea
legal right to make such dispositioi
of the assets and property of th
Bank of the State as is now propose
by the pending bill;" and I think
can demonstrate that Mr. Chambei
Iain's argument does not prove th
proposition.
Mr. Chamberlain says that be i
"in donbt" upon which "features" c
the bill "his opinion is desired," an
"confines himself" to two. The bil
as proposed, made a distinction be?
tween notes of the bank "filed" i
the Court of Equity, in the case c
Dabney, Morgan ?fe Co., and notes c
bills "not filed." Mr. Chamberlai
is silent ns to this somewhat startlin
distinction. The bill, as it passed th
Senate, made a distinction betwee
notes or bills of the bank issued b<
fore December 20, 1860, and notes c
bills issued subsequently. Why th:
distinction? Mr. Chamberlain :
silent on this point. If "honor an
good faith" do ?io/ require that all tb
notes should bo "funded," why tl
difference? The bill, as propos?e
ordered that all the notes of the bun
should be received in payment <
debts duo the bank. This ackno\
ledges them as a debt due by tl
bunk. If duo by the bank, aud tl
obligations of the bank and of tl
State are the same, how is it tin
these bills are not binding on tl
State?
Again, the bill proposes to repe
the eleventh section of the Act i
supplies of 1865. If that Act is
valid Act, it is a statutory assignmei
of the effects of a debtor, to be he
by the bank as a trustee for tl
benefit of creditors. The preferr?.
creditors have accepted the assig
ment. Such an Act thus accept?
becomes a contract. The Constit
tion of the United Slates prohibi
any State from "impairing the oblig
tion of contraots." Mr. Charubc
Iain's opinion does not touch tl
"feature of the bill." The omissn
reminds one of the manager who pr
dnced on the stwge the play of Hai
let, with the character of Hamlet lc
ont. .
It is proposed that the Legialatu
of 1868, should repeal an Act of tl
Legislature of 1865, which, in oxpre
terms, vesta certain rights in Barii
Brothers ?fe Co., and other bon
holders and stockholders. Tho Legi
latine, doubts and asks tho Attcrne
General whether finch aotion won
be legal. The Attorney-General co
aiders thia "feature" not worth I
notice.
But the bill goes f?rther-it pi
poses to repeal the sixteenth seotii
of the Aot of 1812, which incorpori
ed the hank. Mr. Chamberlain and
myself differ as to the construction
of that section. He considers it as
pledging the State to receive in pay?
ment of tases and other dues to tbe
State, the bills or notes of this bank,
whether the bank he solvent or in?
solvent. If this construction bo cor?
rect, which I deny, and whioh the
Court of Error? of this State deny,
then it is a miserably weak device, a
disgraceful, and nugatory Act to at?
tempt to get rid of tho obligation, by
repealing the section which made the
pledge. This, it seems to mo, was a
point submitted to Mr. Chamberlain
by the House of Representatives,
and he should have informed finora
of their duty. Tho preciso point has
been decided, however, by the Su?
premo Court of tho United States,
and is not open to argument. Thc
Legislature of Arkansas did precisely
what (according to Mr. Chamber?
lain's construction) the Legislature^
South Carolina propose to do, and
tho Suprema Oonrt. of the United
States pronounced the repeal "null
and void," and a mandamus issued
requiring tho Treasurer to take the
notes of the Bank of Arkqncas in
payment of a debt due tho State.
See case of Frapnell vs. Woodruff,
tenth Howard, 206.
Mr. Chamberlain pretermits all
notice of these, as of all other ques?
tions arising under the Constitution
of the United States, having perhaps
adopted.the idea of the great leader
of the radicals, that the reconstructed
States are "outside of the Constitu?
tion."
He "confines" himself, he says, to
two questions:
"Firat. Tho liability of the State
for the redemption of tho bills issued
by the Bank of the State.
Second. The legality of the dis?
position proposed to be made by the
pending bill of the assets and pro?
perty of the Bank of the State."
In the first question, my dienta
are very indirectly interested. Lf
those undertaking to represent the
State, choose to assnme a debt of
one million and a quarter, if confined
to bills "fled," or a million and three
quarters probably, if extended to the
whole issue prior to December 20,
I860, and three millions, if extended
to the whole issue, my clients have
no special interest, except as it may
impair the ability of the State to
make good its indebtedness to them.
Be that as it may, I have nothing
to say in replv to the first point con?
sidered by Mr. Chamberlain. On
the contrary, I have always thought
that, if Sonth Carolina were in, a
condition to pay in full all her clear,
acknowledged and unquestionable
obligations, and could, without too
far "grinding the faces of the poor" by
exorbitant taxation, provide for the
payment of these bills, her "honor
and good faith" would not be clear of
blemish if she failed to ' do so. I
have looked upon it as, in some de?
gree, an obligation, bnt, in the lan?
guage of the moralists, as an "imper?
fect obligation." Agreeing, to this
extent, with Mr. Chamberlain, I shall
notice that part of his opinion only
to correct his mistake ns to the
course of legislation on the subject of
receiving the bills of the Bank of the
State in payment of tuxes. Mr.
Chamberlain says: 'LL should Lo
remembered that, prior to the incor?
poration of the Bank of the State,
the bills of other banks within the
State were also receivable, in the
same manner, for taxes and debts
due the State; but when, subsequent?
ly to the chartering of the Bank of
the State, the old hanks applied to
be re-chartered, this provision was
strioken out of their new churton,
and the billa of the Bank of the State
alone continued receivable for debts
due the State. The bills of other
banks were receivable only so long
as they were redeemable in specie;
but the bills of the Bank of the State
were receivablo as specie, whether
redeemable in specie or not,"
The statutes show that tho same
provision contained in the charter of
tho Bank of the State of South Caro?
lina, in regard to the bills of the
bank being receivable in payment of
taxes and debts duo the State, is con?
tained in all tho bank charters grant?
ed previous to this charter, and is
continued in the renewal charters of
the State Bunk and Bank of South
Carolina, in 1822, in the renewal
charter of the Union Bank and
Planters' and Mechanics' Bank, in
1830, in the renewal charter of tbe
Bank of South Carolina, in 1832, and
in the renewal oharter of tho State
Bank, in 183?
In 1848, a general provision was
enaoted, whioh direoted "that all
taxes for the use and service of this
State shall bo paid in specie, paper
medium, or tho notes of tho specie
paying banks of this State." No dis?
crimination is made in favor of the