Historical Newspapers of South Carolina

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I TH? DKMOCIUTIO TICK KT. j For President, > HORATIO SEYMOUR, or N. Y. For Vice-President, GEN. F. P. BLAIR, OF MISSOURI. REPRESENTATIVES IN CONGBESS. First .Congressional District-Harris Covington. Second Congressional District.-R. W. Seymour. _ Third Congressional District-J. P. noe 5. Fourth Congressional District.-W. D. Simpson. STATE ELECTORAL TICKET. For Stale at Large-J. P. Thomas, of Richland; J. D. Kennedy, of Ker? shaw. . First Congressioual District-R. F. Graham, of Marion. Second CongressionalDistri? I-B. H. Rutledge, of Charleston. Third Congressional District-A. C. Haskell, of Abbe-ville. Fourth Congressional District-E. C. MoLure, of Chester. COLUMBLAT" Tuesday Morning, November 3,1868 The Patriot's Business To-Day-I.rt No Good Citizen Fall ?a Do hts Daty. Tho day, big with tho fato of tho Republic, is upon ns. Battle is this day to be joined between tho forces of right and wrong-between consti? tutional freedom and radical despot? ism-between liberty, regulated by law, and license, which they call li? berty. From the lakes of the North to tho Southern galf-from ocean to ocean, tho peaceful fight will rage. Here, in our own State, where for the first time the people go into the canvass for the Presidency of the Republic, the battle is to be fought. Here, the Democracy contend against great odds. Dusky legions are ar? rayed against us. But the Saxon band, with their African contingent, will move, in closo array, like a Ma? cedonian phalanx. The South Caro? lina Democraoy will do their duty. Democrats/* Every one of you to the polls to-day 1 The voting is from 6 a. m. to G p. m., for this day only. Give the day to the State and tho country. The time for action is at hand! "The keen spirit Seizes the prompt occasion-makes the thonght Start into instant action, and at once Plans and performs, resolves and executes." A CHANGE OP BASE.-The corres? pondent of the Charleston News, at Society Hill, is responsible for the following: "Judge H?ge, before his elevation to the bench, told my foreman, a co? lored man, that he would not give ap his office in the army for any planta? tion in South Carolina, if he would be compelled to work tho d-d ne? gro." The Judge is rioio, wo believe, working the negro in order to get all the votes possible to enable him to reach congressional honors. Th? Nerds or the Sont li other than Political. Extract No. 3 from Col. Thomas* Speech. But, fellow-citizens, I would regard my duty as but half discharged did I not suggest to you that our political relief is but a preliminary step in the great work of Southern redemption. 1. Tho great need of the South is industrial regeneration. Remitted us we have been to first principles by tho events of the late war, wo want material development. And in en? tering upon this branch of my sub? ject, I am glad to find before mo so many representatives of the workiug class-"The hardy sons of toil, the heroes of the work-shop and mo? narchs of tho soil." Let us under? stand that the true wealth of a country is in her working men. Yos, fellow citizens, I repeat it, what we now want is wealth. Wealth has been called tho sinews of tho war. I deem it no less tho muscio and sinews of peace. Wo want well-cultivated furins and well-filled granaries. Wo want tho mechanic arts to flourish, and factories of - cotton, wool and wood to dot our land. Wo want that productive surplus which, in the aggregate, makes up national wealth. Wo want our pooplo to surround themselves once again with the com? forts and convenience!* of lifo, to acquire the means to educuto their children, to build up and sustain tem? ples to the living God. Moro than the wealth of intellect do wo require the material resources necessary to repair our shattered fortunes. Let us bear in mind that material agencies are essential to enable us to retain what statesmanship or party triumph has (ron. Lot us recollect that it was tho wealth of the Barons of England that enabled them to wring " "'^^?^^^'''H* *'?. _i ? -J--; l?agna Cu??ter xrum a rein o lani mo neroli, and after winning it, their wealth it waa that gave them the means to retain that immortal instru? ment. And were I, follow-oitizeuB, disposed to venturo upon a criticism of rour polioy in the past, I would say that , we have rehod too muoh upon mere logic and rhetoric to es? tablish our political views. 80 far as argument is concerned, no doubt our position waa mad? impregnable. Bat to establish and sustain State creeds and policies, something moro than argument is required. As some writer hos somewhere suggested to my mind, we must surround theso orceds and policio? with the Bolid muniments of wealth and number and popular intelligence and activity. If, in this respect, we have failed in the past, let ns loam a lesson for the future, and move out in the industrial arena and on tho lino of material ac? quisitions. But to attain this condi? tion of wealth, we must labor. "To labor is to pray," suggested tho an? cient maxim. "Wo must labor," said the dying Emperor Severus, and Severus became immortal. No man must disdain to work. Our young men must work, and no palm leaves must deck the idlor's brow. Labor must be dignified. No proud youth must disdain to grasp tho plough handles, or to seize tho reins of tho draft horso, or to take up the tools of the mechanio. Let me not be mis? understood. Tho amenities and graces of literature, tho pursuits of science, moral excellence, intellectual attainments-all theso must bo in? vested with their supremo impor? tance. Bat let it not bo forgotten that our futnre in tho South and in South Carolina must bo built upon the corner-stone of labor. Nor has the abolition of tho institution of Afri oan slavery interfered with tho lino of notion that I have suggested. It is trae that, under tho influences of this institution, soma of tho best speci? mens of man and womanhood have been produced, yet I am convinced that slavery was not in the main ben? eficial to the South. Under its influ? ences, our youth failed to be thrown upon their own energies and re? sources. Too often did it take the brains from tho heud and the muscle from the arm, and too often did it ro move tho roso tint from the maiden's cheek and plant in its stead tho palo ensign of death. Out of the nettle abo? lition it is possible for us to pluck the flower of greatness and prosperity. And building up tho South upon tho basis of white and auxiliary black labor, it is within our power to have a new fabric, stronger, surer and bet? ter than the one which has been swept away. 2. Another need of tho South is capital. We want capital to give en? terprise work and to stimulate the public energies, and to furnish the means to rebuild our towns and waste places. 3. We need immigration from Eu? rope and the North. We want these life-giving and wealth-producing streams. We must invite hither the industrious Northerner, the generous Celt and the hardy Oorman. 1 would not discard or under-rato tho labor of the colored man. I would utilize it and give him a fair showing. But I wonld like to see in the South, where there is ample room and verge enough for all, an army of fair-haired and fair-hued laborers-of men who will work with ns, who will vote with us, and who will, under all circum? stances, stand firmly by us. 4. We need peuce here at the South. We need peace to retrieve oar broken fortunes and heal out bleeding woonds. We need peace in order that the intellectual, moral, and physical energies of our people may tat*"- a nobler channel than that of war. But I may inquire what kind of peace is it that wo want? We ask not for that "peace which pnssetb understanding," for that comes onlj from a cruciiied Saviour and an ap? proving conscience. We ask not foi that peace which comes of despotism. Wo ask not for that peace which thc hawk gives to the sparrow, nor foi that peace which the wolf givGS tc the lamb. Wc ask not for that peace which comes of paralyzed energiei und ruined industries. But wo d< ask for that peuce which, in its smil ing train, brings prosperity and plenty. Wo do ask foi that peace which comes of a redeemed people and a Union restored. 5. Wo need a settlement of tin vexed question of tho negro mun. T< uso tho rough, but .strong language of the English writer, Mr. Carlyle, tbii is "tho dirtiest chimney a-fire tliii century." Wo need that tho caso of tin colored man bo removed from the po litical arena, in order that tho conn try, both North and Sonth, nun address itself, for the benefit both o white and black, to higher and mon practical questions of political econo my. Now, in order to accomplisl tho result-in order to get the nogre out of politics-I know no bette method than to concede to him al that he is fairly entitled to aud t< seek such a solution of this problea of raco as will commend itself aliko ti the ethics of Heaven and the sympa thy of the civilized world. Hence i is that wo concede to tho colored mai equality beforo tho law, and all 0 civil rights. Hence it is that I hav farther advocated,' and do advocate tho extension to' Iii m of a qnnlifiei suffrago-the qualifications to be jus and reasonable. Thus I would pu i ? - iii r- -i ir ' 'ir-' ? - A promium upon intelligence, or in? tegrity, or property when found in the colored mun, and thus I would promote his well-being by just and moderate measures. I proposo not to pat him upon the height of radi? calism to let bim perish, out I would place bim upon those lesa lofty plains, whore, in tho providence of God, he may be permitted peacefully to enjoy all of the prosperity that God has in atoro for his raoe. Thus by peaceful means I would seek the solution of this grave question. I have thus, fellow-oitizens, sought to establish the proposition that the great needs of the South are not merely political ones. I have endea? vored to prove that political redemp? tion must be followed up by indus? trial regeneration, aud that these should bo made mutually to protect and uphold each other. * * # * Fellow-citizens, in conclusion, let me call your attention to tho virtues which you aro now called upon to practice. In the late war you exhi? bited a valor, a devotion, heroism that will live forever upon the pages of history. Other qualities now de? mand their illustration at your hands. Let tho statesmanship you follow be cool, sagacious, practical, and yet high-toned, and lot your public con? duct and political action bo character? ized by a stern fidelity to your political principles, by a faith that waits for better things, by a patience that en? dures with dignity, and by a modera? tion that shall bo known of all men. Thus acting, you will place yourselves ns a people upon high ground. Thus acting, you will gather around your cause tho blessings of God and tho sympathies of men, and the triumph you seek will be won. [OFFICIAL.] Acts Passed at the Late Session of the Legislature. AN ACT TO REGULATE ARRESTS AND BAIL IN CIVIL ACTIONS. I. Be il enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the au? thority of the same, No person shall bo arrested in n oivil action except as prescribed by this Act; but the same shall not be construed to apply to proceedings for contempt. II. Arrests may be made, ns here? inafter prescribed, in tho following cases: 1. In au action for tho recovery of damages on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove there? from, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detainiug or converting property. 2. In an action for a fine or penal? ty, or on a promise to marry, or for money or property received and em? bezzled or fraudulently misapplied by a public officer, or by an attorney, solicitor or counsellor, or by an offi? cer or agent of a corporation or bank? ing association, in the course of his employment as such, or by any fac? tor, agent, broker, or other person in a fiduciary capacity, or for any mis? conduct or neglect in office, or in a professional employment. 3. In an action to recover the pos? session of personal property unjustly detained, where tho property or any part thereof has been concealed, re? moved or disposed of so that it can? not be found or taken by the Sheriff, and with the intent that it should not be so found or taken, or with tho in? tent to deprivo the plaintiff of tho benefit thereof. 4. When tho defendant has been guilty of a fraud in contracting the debt or incurring tbe obligation for which the action is brought, or in concealing or disposing of the pro? perty for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit. 5. When the defendant has re? moved or disposed of his property, or is about to do so, with intent to de? fraud his creditors. But no female shall be arrested in any civil action, except for wilful injury to person, character or property. HE. An order for the arrest of the i defendant must bo obtained from ni Judge, Justice of the Peace, or Clerk of tho Court in which, or before I whom the action is brought. IV. Tho order for the arrest may i be made where it shall appear to the Judge, Justice of tho Peace, Mugis-1 trate or Clerk, by tho affidavit of tho plaintiff or of any other person that a sufficient cause of action exists, and that tho case, from the facts stated, is one of those mentioned in Section 2 of this Act. V. Before making the order the Judgo or Clerk shall require a written undertaking on the part of the plain? tiff, with or without sureties, to tho effect that if the defendant recover judgment, tho plaiutiff will pay all costs that may bo awarded to the de? fendant, and all damages which he may sustain by reason of tho arrost, not exceeding the sum specified in the uudcrtaking, which shall be at least one hundred dollars. If the undertaking be executed by the plaintiff without sureties, he shall annex thereto an affidavit that he is a resident and householder or free? holder within the State, and worth double the sum specified in the un? dertaking over all his debts and lia? bilities. [ ^.aii?i? iiii. VI. The order nifty be made to ac? company the summons or at any time afterwards before judgmont. It shall require the Sheriff of the County -where the defendant may be found forthwith to arrest him and hold him to bail in a specified r n, and to return Ihe order at a time and place therein mentioned to tho plaintiff or ; attorney, by whom it shall be sub? scribed or endorsed. VII. But said order of arrest shall be of no avail and shall be vacated or set aside on motion, unless the same is served upon th<j defendant, ns pro? vided by law, before the dooketing of any judgment in tho action: and the j defendant shall have twenty days after the service of the order of ar? rest in which to answer the complaint or affidavit in tho action, and to move to vacate the order of arrest or to re? duce the amount of bail. VIII. The affidavit and order of arrest shall bo delivered to the She? riff, who, upon arresting the defend? ant, shall deliver to him a copy thereof. IX. Tho Sheriff shall execute tho order by arresting the defendant and keeping him in custody until dis? charged by law, and may call the power of tho County to his aid in the execution of tho arrest. X. Tho defendant, at any time be? fore execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest, as provided iu this Act. XI. Tho defendant may give bail by causing a written undertaking to be executed by two or moro sufficient bail, stating their places of residenco and occupations, to the effect that the defendant shall, at all times, ren? der himself amenable to tho process of the Court during tho pendency of tho action, and to such as may bo is? sued to enforce the judgment there? in; or if ho bo arrested for the cause mentioned in the third sub-division mentioned in Sectiou 2 of this Act, au undertaking to the same effect as that provided by Sectiou fourth in an Act entitled "An Act to regulate at? tachments." XII. At any time before a failure to comply with the undertaking, the bail may surrender the defendant in their exoneration, or he may surren? der himself to the Sheriff of the Couuty where he was arrested, in the following manner: 1st. A certified copy of the under? taking of the bail shall be delivered to the Sheriff, who shall detain the defendant in his custody thereon, as upon an order of arrest, and shall, by a certificate in writing, uckuow ledge the surrender. 2d. Upou the production of a copy of the undertaking, aud Sheriff's cer? tificate, a Judge or Clerk of theCourl may, upon a notic?tto the plaintiff ol five days, with a copy of the certifi? cate, order that the bail be exone? rated, and on filing the order and thc papers used on said application, they shall be exonerated accordingly. Bal this Section shall not apply to an ar rest for cause mentioned in sub-divi? sion three of Section 2 of this Act, so as to discharge the bail from ai undertaking given to the effect pro vided by Section fourth of an Act entitled "An Act to regulate attach ments." XIIL For the purpose of surren dering the defendant, the bail at anT time or place, bofore they are finally discharged, may themselves arres1 him, or by a written authority, en dorsed on a certified copy of the un der taking, may empower any persoi of suitable ago and discretion to cb so. XIV. In case of a failure to com ply with the undertaking, the bai may be proceeded against in th manner heretofore provided by law not inconsistent with this Act. XV. Tho bail may be exoueratei either by tho death of. the defendant or his imprisonment in u State prison or by his legal discharge from tho ol ligation to rendor himself amenabl to the process, or by his surrender t the Sheriff of tho County whoro h was arrested, in execution thereo! within tweuty days after tho cora mencement of the action against th bail, or within such further time :i may be granted by the Court. XVI. Within tho time limited fe that purpose the Sheriff shall delivc the order of arrest to the plaintiff o attorney by whom it is subscribed with his return endorsed, and a cert lied copy of tho undertaking of til bail. The plaintiff, within ten daj thereafter, may serve upon tho Sheri a notice that ho does not accept tl; bail, or ho shall be deemed to ha? accepted it, and the Sheiii? shall I exonerated from liability. XVII. On tho receipt of such n< tice, tho Sheriff or defendant ma; within ten clays thereafter, give i the plaintiff or attorney by whom tl order of arrest is subscribed, notii nf tho justification of the same < other bail, (specifying tho places i residence und occupation of the lu ter,) before a Judge or Clerk of tl Court, at a specified time and plac tho time to be not less than five n moro than ten days thereafter. ] caso other bail be given, there alu be a new undertaking, in the for prescribed in Section ll. XVIII. The qualifications of bi must be as follows: 1st. Each of them must be a roi dent and a householder or freehold within the State. 2d. They must each be worth t . . amount specified in the order of ar? rest, exclusive of property exempt from attachment or execution; bat the Judge, Clerk, or a Justice of the Peace, on justification, may allow more than two bail to justify several? ly in amounts loss than that expressed in tho order, if the whole justifica? tion be equivalent to that of two suf? ficient bail. XIX. For the purpose of justifica? tion, each of the bail shall attend be? fore tho Judge, Clerk, or a Justice of the Peace, at tho time and place men? tioned in tho notice, and may be ex? amined, on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the Judge. Clerk, or Justice of the Pence, in his discre? tion, may think proper. Tho ex? amination shall be reduced to writing and subscribed by tho bail, if re? quired by the plaintiff. XX. If tho Judge, Clerk, or Jus? tice of the Peace, find the bail suffi? cient, he shall annex the examination to tho undertaking, endorse his al? lowance thereon, and cause them to be filed with tho Clerk, and tho She? riff shall thereupon bo exonerated from liability. XXI. Tho defendant may, nt tho time of bis arrest, instead of giving bail, deposit with tho Sheriff the amount mentioned in tho order. Tho Sheriff shall thereupon give the de? fendant a certificate of the deposit, and the defendant shall be discharged out of custody. XXII. The Sheriff shall immedi? ately after deposit pay the same into Court, and shall take from tho officer receiving the same two certificates of such payment, the one of which ho shall deliver to the plaiutiff aud the other to tho defendant. For any de? fault in making such payment, the same proceedings may be had ou tho official bond of the Sheriff to collect the sum deposited as iu other cases of delinqnencj*, or be forthwith pro? ceeded against by attachment for con? tempt us provided in an Act entitled "An Act to regulate the manner of keeping and disbursing funds by cer? tain officers." XXIII. If money be deposited as provided in tho last two Sections, bail may be given and justified upon notice as prescribed in Section 17 of this Act, any time before judgment; and thereupon the Judge, before whom tho justification is had, shall direct, in tho order of allowance, that the money deposited bo refunded by the Sheriff or Clerk to the defendant, and it shall be refunded accordingly. XXIV. Where money shall have been so d' posited, if it shall remain on deposit at tho time of an order or judgment for the payment of money to the plaintiff, the Clerk shall, nuder the direction of the Court, apply tho same in satisfaction thereof, and after satisfying the judgment shall refund tho surplus, if any, to the de? fendant. If the judgment be in favor of the defendant the Clerk shall refund to him the whole sum deposited and remaiuing unapplied. XXV. If, after being arrested, the defendant escape or be rescued, or bail be not given or justified, or a de? posit be not made instead thereof, the Sheriff shall himself be liable as bail. But he may discharge himseli from such liability by giving and jus? tification of bail, as provided in Sec tions 17, 18, 19 and 20, of this Act, at any timo before process against the person of the defendant to enforce an order or judgment in the action. XXVI. If a judgment be recover ed against the Sheriff, upon his liabi lity as bail, and an execution thereoi be returned unsatisfied, in whole o: in part, the samo proceedings may bi had on the official bond of the She riff, to collect tho deficiency, as ii other cases of delinquency. XXVII. The bail taken upon th< arrest shall, unless they justify, o other bail be given or justified, bi liable to tho Sheriff, by action, fo damages which he may sustain b; reason of such omission. XXVIII. A defendant arrestee may, at any timo before judgment apply, on motion, to vacate the orde of arrest, orto reduce the amount o bail. XXIX. If thc motion be mad upon affidavits, on the part of th defendaut, but not otherwise, th plaintiff may oppose the sumo b affidavits or other proofs, in odditio to thoso on which the order of arres was made. XXX. The word "plaintiff," n used in this Act, shall be construe to mean thc party moving or com plaining in au action or suit ; and th word "defendant," as tho ad vers party. In tho Senate House, the twenty sixth day of September, in tb year of our Lord one thousnn eight hundred and sixty-eight. L. BOOZER, President of tho Senate. FRANKLIN J. MOSES, J?., Speaker House of Representative Approved: R. K. SCOTT, Governor. The New Orleans Crescent, of tl 24th ult., says: "A friend of our recently returned from a trip throup St. Charles Parish, tells us that 1 rode thirty-four miles through tl Parish, and in that time did not H a woman or child. On asking tl reason of this, he was informed th the negroes iu the Parish had r sumed so threatening an attitu that, for their own safety, the d fenceless portion of the populate hod been sent to the city." r?ooal Items. Mons. Wm. L. King, of the Charles? ton Courier, is in Columbia, and will pay his respeots to many of our citi? zens to-day. He is stopping at Nick erson's. SCOTCH PAPERS.-We are indebted to Major John Alexander for copies of late Edinburgh, Glasgow, Elgin and Paisley papers. They are on file for inspection in tho Phonix office. A CIRCUS COME TO GRIEF.-Mcgin? ley & Carroll's troupe, which passed through this city about ten days ago, found it necessary to suspend opera? tions iu Walhalla. Several of them arrived hero yesterday. THE ELECTION IN THIS STATE.-Oar friends will oblige us by giving us the result of theeleulious in this State as promptly as possible. Notwithstanding the inoreased size of the Southern Presbyterian, the sub? scription price has been reduced to $2.50. GIVE THTS DAY TO THE COUNTRY. At the instance of a nnmber of our merchants and business men, we have been requested to recommend that our Democratic fellow-oitizens close their places of business to-day and give tho day to the election. Let the business of to-day be to poll Demo? cratic votes. Tho blind wire-walker, who has been exhibiting through the Sooth for some time post, made his appear? ance in our streets, yesterday, and went through his performance (ac? companied by a hand organ and tam? borine) iu front of tho Court House. He claims to bo a Georgian and a man of family. A number of persons congregated, and the heart of the poor mau was made lighter and his pockets heavier by their contribu? tions. PoiiiiiNo PLACES.-Tho following are tho polling places in Colombia: Ward No. 1-Gillmore House, North? west corner Richardson and Medium streets-opposite the University gate. Ward No. 2-Old Ice House, Wash? ington street, opposite Law Bange. Ward No. 3-Holmes* Shop, on Bull street, between Taylor and Plain. Ward No. 4\-Ellington's Store, Sooth-east corner Sumter and Rich? land streets. The polls open G a. m. and closo at 6 p. m. ARRESTED.-James Minor, the co? lored Democratic speaker, was ar? rested, on Saturday last, by Consta? ble Hubbard, charged with asing very abusive and threatening lan? guage to another person of oolor. Minor was, we understand, remon? strated with by an influential citizen, but would not desist; consequently ho was arrested and lodged in jail, but was afterwards released. Minor is unfortunate; his colored oppo? nents here made terrible threats against him, and visited the depot in large numbers for several days, but did not succeed in overhauling him. The formal opening of tho Lanier House came off yesterday, and a large crowd was in attendance. Oysters and other delicacies were dispensed with a liberal hand, and the solids washed dowu with fluids of varions kinds. Tho establishment ia in ex? cellent order, and under the personal supervision of Mr. It. Hamilton, will doubtless be liberally patronized. Lost night, thc students of the University serenaded Gen. Hampton, Col. Thomas and other prominent gentlemen. Short speeches were de? livered, tho boys responded with three cheers and then returned to thc campus. NEW ADVERTISEMENTS.-Special at tentiou is called to the following ad? vertisements, published for the first time this morning: Meeting Stockholders C. & A. R. R. T. J. & H. M. Gibson-Whiskey. Meeting Trae Brotherhood Lodge. Meeting Palmetto Fire Company. Ch. Schultze-Municipal Election. Compositor Wanted. Brass Keys Found. Fisher & Lowranco-Corn. "BEE STonE"-IT IS LIKE THE BES STORE.-C. F. Jackson surely has a ran of trade; his place is crowded each day, and his assistants are as busy as boes. Six seats in the forty-first Congress will certainly be contented -those of Moffat, Reading and Foster, in Penn? sylvania; S trader and Hoag, iu Ohio: and Voorhees, in Indiana-all Demo? crats.