Historical Newspapers of South Carolina

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Bank ? of the State. Tn 1857, it was declared "that the Comptroller-Gen? eral shall direct the tax collectors and treasurers to receive the taxes and other dnea of the State in notes of the Bank of Ote Stale, or of specie paying banka of thia State, or in coin of the United States." This ia tho fitst instance of discrimination, in thia respect, in favor of tho Bank Of the State in a period of near half a century, although the banks of tho State had suspended specie payment npon several occasions, between the years 1812 aud 1857. Bat the second inquiry ia that in which my clients are interested, to wit.* "the legality of the disposition proposed to be made by the ponding ?ill of the assets and property of the Bank of thc State." I would be content, but for tho temporary embarrassment produced by this Bobin Hood procedure, to leave the question where it belongs to the determination of the courts to our Oirouit Court, in the first instance, Subject, of course, to ap? peal; and, failing in tho courts of .the State, to the Supreme Court of -the United States. Mr. Chamber? lain, in accordance with the doctrino of his party, considera courts, it seems1, as entirely subordinate to the Legislature, nnd boldly announces that the fact that questions of con? stitutional and legal rights are pend? ing before a, court, affords ari argu? ment of "POIJCY" in favor of legishv .tive interposition. Mr. Chamberlain says, virtually, '"away with your Chancellors, yonr Courts of Appeal, and Supreme .Court of the United States. If a ? dispute arises on the effect of past .Acts of the Legislature, no matter what has been tho action taken on them, no matter how much the Con? stitution may be appealed to, on the one side or the other, tho controversy .can be at once settled by a new Act of rthe Legislature. If the .Legislature -doubts, let it consult the Attorney General, and, if he concurs, all is right." The old teaching was, that in all well-regulated Governments, there were three departments-legislative, executivo and judicial-the more independent of each other tho better. The modern doctrine seems to bc, ?that tho legislative department is nil in all. Tn thc case of Dabney, Morgan & Co., against the Bank of the State, and others, the complainants urge "that under tho law, as it stands, the holders of the notes or bills of the bank are entitled to share among them the assets of the Bank of the State in preference to all other claim? ants; that the eleventh section of the Act of 1865 is unconstitutional and void, because it attempts to inter? fere ' with their veated rights. The bUl is filed in behalf of all bill-hold? ers who will come in and prove their claims. Claims have been proved to the amount of about 01,250,000. Though for the most part claimants hold large amounts, (bought up, as appears, at a great depreciation since tho bank stopped payment on its bills,) the claimants are numerous, and some of them set forth that they took the bills at par before the bank stopped payment and while the bills were a part of tho circulating medium of tho country. This class of bill holders claim a preference ever those who bought the bills ata depreciated price after the insolvency of the bank. Two grave legal questions aro ?thus submitted by the bill-holders. Tho Baring's, on the other hand, claim that under the law, as existing at tho time of the filing of the bill by Dabney, Morgan & Co., they hod priority over nil other claimants. An Act of the Legislature of South Carolina (until then undisputed) clearly placed them in that position. This Act, they allege, is valid in it? self, and in conformity with past pledges. The Baring's claim, under existing law, certain vested rights. Certain of the largest stockholders ol the fire loan in America answer the bill, accept tho action of the Legisla? ture in 1865, and tak? tue same ground with the Baring's. The State was made a party, through the Attorney-General then in office, who sustained the validity of the Act oi 1865. The whole matter as to the rights vested under the previous legislation of South Carolina wat thus submitted to a competent judi? cial tribunal of the country. Orden were passed, by consent of all par ties concorned, enjoining suits againsi the bank, except through these pro ceedings, and enjoining the bank ant ita officers from delivering any por tion of the assets of the bank, witt certain specified exceptions, to anj claimants whatever, until the right of parties to that suit should be do termined. Mr. Chamberlain gives it as hi. opinion, without "a wby or a where fore;" without the semblance of ni argument upon this, the chiel poin in the whole case, that suoh a oondi tion of affairs interposes no "legal' obstacle to tho notion of the Legisla ture; but, on the contrary, affords ai argument of "policy" why the Legis lature should interfere. Is it any wonder that a Logislatur< guided by snob counsel should, dur ing a portion of one session, reduc the bonds of the State from sixty eight cents to forty cental Since tin introduction of this bill of plunder State bonds have sold at forty ; ant when the Legislature met, the sam bonds sold at sixty-eight. My opinion is-and I, too, trae oncean Attorney-General-that bill holders, bond-holdem, stockholders, and all .other creditors of the Bank of tho State claiming ander pre? existing law hare a right to on adju? dication of their respectivo claims npon the assets of the bank, before the judicial tribunals of the country, aud that any attempt to seize, by a atrong hand, these funds, whether by a State or an individual, is an at? tempt to commit robbery. It goes bevond fraud, it is sheer ROBBERY. t do not mean to be betrayed into a premature argument in favor of the claims of Baring Brothers & Go., of London, or of i the European bond? holders whom they represent, or of the fire loan stockholders in America, whom I represent, as compared with the claim of bill-holders. Their answers are on file, and I am prepar? ed, before the proper tribunal, to sus? tain the positions taken in these answers. I deny the competency of either the Attorney-General or the Legislature, to decide upon these con? flicting claims, even supposing that each represented, beyond all ques? tion, all the rights, power and au? thority, ever heretofore conceded to any Legislature, or Attorney-General in any one of the United States of America. Still less is it competent for the Legislature to thrust aside the contestants, and seize for itself the funds in controversy. The party of all others least entitled to take to itself these assets, is the DEBTOR. The State undoubtedly is debtor to the bond-holders in Europe-the State certainly is debtor to the fire loan stockholders in America; and, according to Mr. Chamberlain, the State is debtor to tho bill-holders. And this debtor proposes to kick the creditors out of doors, and end their disputes by pocketing tho fund, which is certainly liable to somebody. If the bill-holders of the bank choose to take Stato bonds, and re? linquish their claim on the assets, it is, according to Mr. Chamberlain, but a change of indebtedness; and the change being voluntary, no damago is done to "honor and good faith." But the Barings insist on their right to the collaterals-so do the fire loan stockholders in Ameri? ca, so far as wo know. These claim? ants protest against tho seizure by the debtor of funds liable to the creditor. If the collaterals (the bank assets) are awarded to them, pro tanto, the State is relieved of this indubit? able, acknowledged debt, and with? out injury to "honor or good faith." Though I am by no means entitled to advise tho Legislature on a matter of "policy," as their Attorney-Gene? ral undertakes to do, I will, in con? clusion, make a suggestion, which may pass for what it is worth. If the Legislature consider that "honor and good faith" require that the State should "fund" the notes issued by the bank of the Stato, let them do so to these bill-holders, who are willing to receive their bonds in lieu thereof. This is neither illegal or unconstitutional, however impoli? tic it may be in tho estimation of tax? payers. But let thom leavo the assets of the bank, which they have no right to seize and appropriate, to be dis? posed of according to law. Tho rights of claimants, though not yet adjudi? cated, are vested, and legislation can? not alter them, though it may disturb them, and interfere with the enjoy? ment of them. As far ns these assets go, they will, under any adjudication, according to Mr. Chamberlain's opinion, bo appropriated to the pay? ment of acknowledged debts of the State, and relieve the people to that extent. Why seize them for present purposes? L W. HAYNE, Of counsel for the Bank of the State, the Barings and others. FRESH HONORS TO A FORMER TOWNSMAN.-Through tho American Legation at Constantinople, Profes? sor J. Lawrenco Smith, a nativo of Charleston, but now residing in Kentucky, has just received from the Sultan of Turkey a new token of the Imperial favor, being nothing less than the decoration of the Majidieh, a beautiful ornament in itself, and imparting tho highest favor of His Imperial Highness. Tho decoration is accompanied by a diploma expres? sive of the Sultan's object in con? ferring it. This ia tho second deco? ration which Professor Smith has roceiyed from tho Sultan of Turkey. ; Nor has the rncognition of his ser j vices to science como from Turkey alone. Only last year, the French Government, as is known, conferred on him the tho decoration of tho Knight of tho Legion of Honor. \CIiarleston Courier. Tho Pope is pushing on the forti? fications of Rome with all possible expedition, and bo has lately been receiving heavy armaments of siege guns from Toulon. His Holiness is fairly convinced that Europe is on the eve of a great war, and, a few days sinco, ho took occasion to de? plore the bloodshed that would at? tend it At the same time, he be? lieves that the result will be very advantageous to the papacy and the temporal power._ The Sumter News regret*; to learn from several planters in that District that the cotton is becoming seriously affected with rust, and has been informed by some that the injury ! will amount to at least one-third of ? the crop. THE DEMOCRATIC TICKET. For President, HORATIO SEYMOUR, OP N. Y. For vice-President, GEN. P. P. BLAIR, OF MISSOURI. STATE ELECTORAL TICKET. For State al Large-J. P. Thomas, of Richland; J. D. Kennedy, of Ker? shaw. First Congressional District-R. F. Graham, of Marion. Second Congressional District-B. H. Rutledge, of Charleston. Third Congressional District-A. C. Haskell, of Abbeville. Fourth Congressional District-E. C. McLure, of Chester. COLUMBIA. Tuesday Morning, Sept. 1. 1868. The Bank of the State. Elsewhere in oar columns, we print an elaborate communication from the pen of the Hon. I. W. Hayne, the last of the Attorney Generals of Sooth Carolina, in re? sponse to the opinion of Mr. D. H. Chamberlain, the first Attorney General of our reconstructed State, in roferenco to the bill now pend? ing in the Legislature, "to close the operations of the Bank of tho State." The merits of this mea? sure have already been discussed by us, but we take pleasure in spread? ing this ablo paper before tho pub? lic, and moro especially the Legis? lature, to the calm consideration of which Ave commend that body, in tho hope that it will enable tho members to seo more clearly the enormity of the legislation which they proposo to accomplish. Thc Cutnpaign Opened In York Dis? trict-Muss Meeting of the Demo? cracy of York-Thc Dunner of Sey? mour anU HUiir Formully Un? furled. Agreeably to notice, the Democrats of York assembled in mass meeting on Saturday last, the 29th of August. At an early hour, the streets were filled with tho people from the coun? try. An extra train from Chester reached' the town about half-past 9 o'clock a. m., bringing in a number of visitors, who were welcomed with au artillery saluto by "the boys." The well-known band of the old Sixth Regiment paraded through the town, headed by tho marshal of tho day and his six aides-de-camp, to? gether with tho color-guard, who boro the stars and stripes and a cam? paign banner containing tho names of Seymour and Blair. The first incident of the morning was tho formal raising of an immense Seymour and Blair flag in the centro of the town. Colonel W. B. "Wilson, on this occasion, made a most spirit? ed and eloquent address. Colonel McCorkle, the chief mar? shal of the day, next formed the pro? cession, which, headed by tho baud and followed by the committee of arrangements and the speakers, moved to a grove near by, which had been selected for the meeting. Here a stage had been erected, which the hand of woman had tastefully adorned with a floral wreath. Tho President of the meeting, J. D. Witherspoon, Esq., then announced that the exer? cises would open with Divine recog? nition, whereupon a reverend gentle? man present invoked the blessings of God upon tho country and the cause. Mr. Witherspoon next introduced Colonel J. P. Thomas, who spoke, and was followed by Colonel T. Stobo Farrow, of Spartnnbnrg, General E. M. Law, Colonel Asbury Coward and Colonel W. B. Wilson, all of York. Tho largo crowd assembled, composed of both sexes and both classes of tho people, listened to the speakers with unusual attention, and responded to tho sentiments with great earnest? ness. In the afternoon, a meeting took place at the Court House, and a Dis? trict Central Club was duly organ? ized. We learn that there are about twenty local clubs in the District, and they are still forming. The sons of York are aroused, and all is well in this patriotic District. ? ?' ?'?????? . Attorney-General E var ts has ad? vices that a habeas corpus for Mudd, Spatigler and Arnold has been ap? plied for in the Southern District of Florida. Military Pcuonstratlons su Mk*. Part ot tho freedmen In Cheater The State Authority Prejudiced. We learn thot these demonstra? tions are nob unusual in this town. Under the teachings of the colored man, Wimbusb, and the "Rev." Whittemore, a latter-day saint, tho freedmen seem disposed to cultivate the art of war. On Saturday lost, a j large party assembled at the church : near the village, and, with music and some fifteen or sixteen guns in ranks, formed and marched to a gathering on thc CJnion road. In the evening, they returned in the same military style, and marched through the town, making a noisy and defiant demonstration. Fortunately, nothing serious occurred. The whites are determined, here os elsewhere, to be forbearing to the last degree. In violation of the law, the freedinon form military bodies, bear arms, and drill frequently, and yet we do not perceive that the State authorities take any steps to prevent this. The fact of the matter is, we have now a State Government in hostility to the white people and in alliance with the radical party, and it is time for this to be understood. The exe? cutive department is radicalized; so is the judiciary; so is the Legislature. Whatever is Democratic is disloyal; whatever radical is loyal. This is the state of affairs. -.-??"< Thc Spirit of thc South. The whole capital of the radicals in the present canvass is derived from the misrepresentation and per? version of remarks made by Demo? cratic orators, so ns to give them the aspect of a warlike or rebellious ten? dency-a purpose to resort to violent measures to accomplish their objects. In most of the remarks cited, there is down-right fraud and falsehood. WThat tho radical demagogues charge was either never uttered, or tho souse of what was said is so wrested from the real meaning of the speaker, ot so grossly perverted, as to give au ap? parent sanction to the calumny that violent and belligerent designs were in contemplation by persons who nre presumed to speak for tho Demo? cracy. Now, all this is shamefully mendacious and hypocritical. The Democratic party is the party which is tho most interested in peaceful and civil measures, and in tho restoration of the old modes of determining political issues. Whoever appeals to violence, or suggests a resort to any but tho constitutional methods of achieving political ends, is au enemy to the success and objects of that party. It is to get rid of all such revolutionary and irregular purposes; to bring back the Government to the character and usnges of its founders; to relieve it and tho people from military bondage, and subject them to the control of opinion, moral ideas, and a purely civil administra? tion, that tho conservatives have combined together iu such irresistible force. If there are reckless mouth? ers and orators who, in a dearth of idean, relievo themselves of that pent up valor by rhetorical flourishes, scented of "villainous salt-petro" and breathing desperate resolves of "dying in the last ditch," offering themselves on the altar of liberty, and "taking np arms in vindication c! the right," etc., let them be noti? fied that they do not represent the taste, ideas and sentiments of oui people, who desire and demand pence, and- an abandonment of all in? cendiary schemes, appeals and lan? guage. Let the true and unmistak? able desire, spirit and interest of the people of tho South prevail in all our speeches and movements, and let these be assumed as the true in? dicia of thc purposes and designs ol this section. Circumstances nover sc imperatively demanded the restora? tion of law, order and permanenl peace. Tho people, as the New Or? leans Times declares, ave ready tc make enormous sacrifices to secure these objects. It is only througl them that our freedom, our rights, our prosperity and the maintenance of the Constitution and tho Uuior can be assured. Those who encou? rage any idea of tho necessity, or pro bnbility of a resort to violence, ure either our enemies and calumniators, or they belong to a olass of sill*, spouters and demagogues, who eke out their scant rhetoric by inflnmma tory words and figures, whioh are re ceived and laughed over as the Pick wickiau utterances of straitened ant distressed declaimers. Xlosencranz'a Conference with lie?. A correspondent of the New York Herald writes as follows, under date of White Sulphur Springs, W. Va., August 27, 1808: General Bosencranz has just left here for tho East. He lias evidently produced a fine impression, bis de? parture being regretted by nil classes here.- Daring bis stay, General Hosencranz has had the fullest and freest interchange of opinions with leading and most influential men from every Southern State. On yesterday, he addressed a letter to General Lee, in which be expressed bis views of the present condition of affairs in the country, and the neces? sity for a speedy restoration of good feeling between the men of the North and the Sou tb, and asking him to give a written expression of bis views as to the best way by which this era of good feeling botwon tho sections could be restored. To this communication General Lee respond? ed with his accustomed frankness and directness, expressing his reverence for the Constitution of the United States, and his ardent desire for a complete union of the States as of old, and also his unqualified belief that his reverence and desire were shared by a large majority of the reflecting people of the South; that the South now panted anxious? ly for peace and a return to a peaceful and constitutional admi? nistration of the Government; that they longed more ardently for that greatest boon of American freemen -the right of self-government that the people of these States would treat kindly and humanely the color? ed people among them, if left to themselves; that they would be im? pelled to this by tho dictates of their own hearts as well as by n feeling of self-interest. General Leo, however, was especially us emphatic in deplor? ing tho attempt to com mit tho political destinies of these States to these colored people at this time, before they are prepared for such a mighty responsibility; an attempt which, he remarked, is fraught with incalcula? ble misfortune and calamities to the whole country, North and South, aud with destruction to these colored people themselves. General Leo was joined in this communication by such distinguished men as Beaur? gard, Stuart, of Virginia; Stephens, of Georgia; Conrad, of Louisiana, and other men of note, both military and civil, whose names are well known to tho country. I give but a meagre outline of thc correspondence, which is in thc hands of General Bosencranz, and which, it is hoped, will soon be giver to the country, as it must bo produc? tive of great good, as it ought tc dispel many mistaken impressions which prevail in the minds of manj men at the North. It is only neces 8ary for the gallant men of the Unior and Confederate armies, to express themselves in an unreserved maimer to insure a fraternizing among them These united efforts can be and ough to bo directed to the preservation ol a common country. WHO IS GOVERNOR SCOTT?-Thc following letter, addressed to a citi zen of Columbia, is from the pen o a distinguished Democrat, who re sides in the adopted home of Gov Scott: NAPOLEON, OHIO, August 19. J. C. Jannel/, Esq., Columbia, S. C. DEAR SIR: Your letter of the IOU ult. has been received, making cei tain inquiries in relation to th former history of Gov. lt. K. Scott of South Carolina. You say tho there is a report in circulation tba he was a "defaulter while practicinj law in Philadelphia, Pa." The re coipt of such a letter occasioned vcr great surprise, I assure you, an< what could give rise to such a repol? is still more surprising. There is not the slightest founds tiou in the world for such a charge Gov. Scott is not, and never was a lawyer, and nevex lived in Fhiiadei phia. He was born in Armstrong COUD ty, Pa., aud came to Ohio with hi parents when ho was about eightee years old, and resided in Columbi! until he finished his medical educ., tion, after which he took up his res: dence in this (Henry) County, an commenced the practico of medicin? He was engaged in the practico c medicine in ibis County from th i year 1852, until about the time tl war broke out, when he entered th army as an officer in the 68th reg mont, Ohio Infantry, aud continue in tho servico until ho was electe Governor of South Carolina. I havo been intimately acquainte wtih Gov. Scott for about sixtee years, and know him to bo a higl minded, honorable gentleman, at a timos ono of our first and respecte citizens. I will also statd that ho deservedly one of tho most popuh men in our State. Gov. Scott owns a largo amount < real estate and other property in th County, is considered ono of ot wealthiest men, and owes no ma one dollar, hero or elsewhere, to m knowledge. Allow me to say, in conolusioi that I do not agree with Gov. Seo in politics, but make the above stat mont cheerfully, because truth an justice require me to do so. Hoping that this letter may conti bute to put to rest the gross slandi you refer to, I remain, yours truly, JAMES G. HALI*. Wo have been requested to give uotico that the State Central Club of tho Democratic party of this State, wiii meet at 10 O'clock a. m. thia day, in Carolina Hail. Attention ia directed to tb* auction Bale, this morning, by Mesara. D. O. Peixotto & Son, of the estate of F; Zesterfletb, deceased. They will ako offer ten shares of the Charlotte! ano South Carolina Railroad stock, be? longing to said estate. INCENDIARISM.-The dwelling of Mr. James Burnside, with its entire contents, was destroyed by fire, on Friday night last. Mr. Barnside has been particularly unfortunate; he has been repeatedly robbed, and to cap the climax his house has been re? duced to ashes. Mr. Burnside's re? sidence was located about seven miles from Columbia, on the South Caro? lina Railroad. It is understood that Dr. Neagle, the so-called Comptroller and Rep? resentativo, was colporteur for the Presbyterian Board of Publication, at Philadelphia; that he was a de? faulter to about the sum of eighty dollars; that J. B. Hood, one of the best of men, and an elder in the congregation of Rev. J. Hun? ter, in Mecklenburg, North Caroli? na, can give considerable informa? tion on the subject, aa he was the agent of tho Presbyterian Board of Publication to collect the sum from Neagle. A lotter to Bev. J. Hun? ter, directed to Charlotte, North Carolina, will reach Mr. Hood. At a radical meeting, at Sumter, on Saturday last, R. B. Elliott, one of tho speakers, used tho following language: .'It is tho design of tho Democratic party to reduco you again to a serf? dom and vassalage." "I want yon to remember all this, and remember that your friends, the radical party, have told you of it and warned you how to avoid it." "Remember that wo have told yon to put on your swords, ye men of war, go .out to fight, for ye can take land aud it shall be yours"-cries all over the house of "yes, yes, yes," "we will, we will," "we want the land," "dat the ting," ?fcc. * 'In November next, you must ad? minister to your Democratic fair faces a dose that will make them sick in the ma\v;Jior let me tell you the best thing you can do is to kill them, and when you bury them, I wont you . to bury them with their faoes down? wards." Agreeably to a resolution adopted by tho recent State Convention, the following gentlemen ore appointed by the State Central Executive Com? mittee canvassers in the interest of tho Democracy: State at large-Gabriel Cannon and A. P. Aldrich. Second Congressional District-J. B. Kershaw. Third Congressional District-D. Wyatt Aiken. Fourth Congressional District-W. D. Simpson. * Canvasser for First Congressional District to be hereafter appointed. WADE HAMPTON, Chairman. MAIL ARRANGEMENTS.-The post office open during the week from S% a. m. to 7 p. m. On Sundays, from I to 5 p. m. The Charleston and Western mail? are open for delivery at 4^ p. m., and close at 8>2 p. m. Charleston night mail open 8)a a. m., olose 4>? p. m. Northern-Open for delivery nt 8Jji n. m., closes at 2.45 p. m. Greenville-Open for delivery 5>? p. m., closes at 8^ p. m. NEW ADVERTISEMENTS.-Special at tention is called to the following ad? vertisements, published for tho first time this morning: J. Sibley ?fe Sons-Com. Merchants. Meeting True Brotherhood Lodge. Meeting Palmetto Fire Company. Wanted -Agent for the State. Columbia Femalo Academy. W. H. Wigg-Citation. Proclamation of Gov. Scott. DROWNED.-We understand that on Sunday last oue of the discharged United Statea aoldiera was drowned in Waccamaw Bay. While attempt? ing to recover a lost hat by jumping overboard, feeling secare as an ex? pert swimmer, the boat was capsized, and he was kept under water by the sails.-.Georgetoion Times. James Tupper, Esq., formerly Master in Equity for Charleston District, died in Summerville, on the 29th ultimo. He was a native of Charleston, and was about fifty years of age. At a meeting of one of the colored Democratic clubs Of Charleston, on Thursday night, sixty-three new names were added to the list of mem? bers.