Historical Newspapers of South Carolina

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L ^ u -- t. r ? m . & >_r??X Xv??. Q ?i THE DAILY Daily Paper $8 a Year", 'Let our Just Censure PHONI?. Attend the True Event." BY JULIAN A. SELBY. COLUMBIA, S. G.. FRIDAY MORNING, FEBRUARY 12, 1869. Tri-Weekly 86 a Year VOLUME IY-NO. 27& THE PHONIX. PUBLISHED DAIT.T ARD TBI-WEKKLT. THE GLEANER, KVF.II? WEDNESDAY MOUNINO. BY JULIAN A. SELBY, EDITOR AND PBOPBIETOB. Office on Main St., few doors above Taylor. TERMS INVARIABLY IN ADVA NC E. BUB8CB1PTION. Daily, 0 months..$4 00 | Tri-Wcekly, 6 mos... $2 50 Wookly, C months. $1 50 ADVEHTI8EMKNTS Inserted at 75 cents por Bquaro of nine lines for tho first Insertion, and 50 cents each subs?quent. Weekly 75 cents each insertion. t&~ A libei al discount made on the above rates when advertisements are inserted by the month. AGENTS.-Hiram Mitchell, Spar tanbar):; J. R. Allon, Chester; S. P. Kinard, Newberry C. H.j'Jas. Grant, Union; Julias Poppe, Anderson C. H. STATE LEGISLATURE. FlFTr-THTRD DAY'S PROCEEDINGS. SENATE. WEDNESDAY, February 10.-The Sonnte assembled at 12 M., and was called to order by the President pro tem. The Senators from Lancaster and Ocouce obtained leave of absence. The House sent to tho Senate a concur? rent resolution to appoint a joint committee to inquire what changes, if any, are neces? sary in the State and County seals, and what, if any, legislation is necessary tc effect Bucb chango. Concurred in. The House returned to tho Senate an Act to renew tho charter of the ferry across thc Great Pee Deo River, known as Old Ports Ferry. Ordered to be enrolled. Tne petition of William McDonald, o Chester County, praying tho removal ol his political disabilities, was referred. The report of the County Commissioners of Chester County, with a statement of thc amount of funds needed for County pur poses for the current' fiscal year, was re ferred. The report of the County Commissioners of Georgetown County, relative to the as sessment of a tax of $12,000 for Count; purposes for the ensuing year, was referred The accounts of Dr. Joseph F. Hurrel for post mortem examinations, waa referred The roport of the County Commissioners of Lancaster County, in reference to tin division of the County into townships, wa referred. The Committee ou Finance, to whom wa referred the petition of the City Council ?J Charleston, praying tho General Assombl; to validate an Act providing for tho assess ment and taxation of property, ratified b tho City Council on the 26th of January 1869, reported back the same, with a recoin mendation that the prayer of the petitioner be granted, and accompanied by a bill t authorize the City Council of Charleston t levy certain taxes for tho current yeal whioh was read. The Committeo on Incorporations, t whom was roferred bills to incorporate th Union Star, and the Sumter Fire Eugiu Companies, reported back tho same, with recommendation that tho bills do past Ordered for consideration to-morrow. The Committee on Eorolled Acts reporte the following Acts as duly enrolled, seale and ready for ratification: To incorporal the Mission Presbyterian Church, of tl: city of Charleston; to enforco the provisioi of the civil rights bill of tho United State Congress; to incorporate certain fire engii companies; to incorporate the Wilson Bridge Company; to anthorize the buildin of a bridge to connect tho islands ofa Wa? m ala wand Johns. The following message from the Governc was announced and presented to the Sena by Mr. John Heart, Private Secretary: EXECUTIVE DEPARTMENT, COLUMBIA, February 10, 1869. GENTLEMEN OP THE SENATE: I return : the Senate, in which it originated, "An A to re-enact certain Acts lending thc nan and credit of the State to the Greenril and Columbia Railroad Company, and validate the notion of said company ther under," without my signature. "An Act to lend the name and credit the Stato to tno Greenville and Columh Railroad Company in tho ro-adjusttnent their debt" was passed by the General A seinbly of the State of South Carolina < the 28th of January, 1861, moro thun mouth after the State had seceded from tl Union, and disclaimed allegiance to t! Government of tho United States. It pr vided that tho Comptrollor-Genoral shoo endorse the bonds of thc Greenville ai Columbia Railroad Company to tho arnon of $900,000; 100,000 of which sum was be applied to the extinguishment of a floi ing debt, consisting of notes and nccoun which appears LO have beeu all tho debt the company outside of tho bonded de that existed at that period. Tho remaini 8800.000 was for tho purpose of guaranh ing tho payment of the principal and inti est of tho bonds of the company becomi due in 1862, 1863 and 186-1, by subatitnti for them bonds guaranteed by tho Sta and for tho security of tho State, tho hoi so taken up were to be deposited with t President of tho Bank of tho State, "stand as security to tho State, and there give tho Stato the lion under tho first mc gage, until all tho bonds secured by mc gago shall bo retired." As a further se rity to the State, it was provided that, after tho lapso of three years' time of the gua? rantee of the bonds referred tc, the company was required to set apart two per cent, per j annum on tho amount of bonds thus gua? ranteed, to be used in tho purchase and can? celling of said bonds. It is also provided that tho Governor of tho State, the Comp? troller-General, and tho President of tho company, should constitute a Board of Com? missioners for tho management of suid funds, to invest tho samo in tho bonds of tho State or the company when they can he obtnined. And in case the company failed to comply with these provisions it was rando tho duty of tho Comptroller-General to report the fact to tho Legislature, who were directed to enfore a compliance with them in such manner ns it may deem expedient. Tho fourth Section of tho Act further provided that if tho said Greenville and Columbia Railroad Company should fail to pay any of tho bonds nt maturity, the Governor of i'm Slate should notify the Solicitor of tho C - j cuit in which the company had its place of business, who should immediately filo a bi' in tho Court of Equity to enforce tho lien of tho State, which Court should appoint a receiver, order a sale of tho road and nil thu property and effects of the company, nud otherwise decree as may bc best to protect tho interest of tho State. It will thus bo seen that in those turbu? lent times, when tho Confederate States re? quired every assistance in transportation, ?C., to meet the exigences of the war, the legislators of that period felt it their duty to place the most prudent and wholesome guards and restrictions, so that the interests of tho Stato might be protected, while grunting thc required aid to thc Greenville and Columbia Railroad Company. In 18GG, nuder tho provisional govern? ment, tho Legislature was called upon to alter and amend the foregoing Act, so as not only to re-affirm its provisions endorsing the bonds and debt of the road to the ex? tent of $700,000, but, in addition, to give thc endorsement of the State to the certifi? cates of indebtedness of the company, issued for the payment of their interest, to the full amount which bad accrued from tho if suing of the bonds, und to accrue up to January 1. 18G8, to the amount of ?350,000 -these certificates, in all respects, being similar in character to the bonds of tho com? pany, with interest ut seven per cent., paya bte semi-annually, and running not more than tweuty years. Still further in addi? tion, there was another provision for the endorsement by the State of bonds to cover a lic-itiug debt of the company, thou due, of $700,000, principal and interest. Thc Legislature, however, restricted the amount of bonds to be issued to the ratio of ono to three of the debt, making the additional responsibility of the Stato for the company $250,000, and tho entire amount endorsed, and for the payment of which the State ? responsible, $1,500,000. It will thus bo seen that the company, from 18G1, when the Confederate Legisla turo gavo tho endorsement of the Stato te its bonds, hus not paid a dollar of its debt, principal or interest, but has been annually accumulating a floating debt, designated it the Act of I860 as a "bond debt, for whicl no mortgage or other lien had been created,' amounting to $000,000; and, uotwithstand iug tho extraordinary amount of busbies! tho road must have had during the war ii the transportation of troops md of military stores, it shows that it was speuding even year upwards of $125,000 more than i earned. The Act of 1SG9, now under cousidera tion, jives tho sanction of tho Legislatur? to tho Acts abovo recited, wherein I fail t( see anything to encourage a hopo of th< solvency of the road, or the security of th( Stato for the amount for which its endorse mont bas been given; but. on the contrary the conviction is forced upon me that it wil eventually have to pay both the principa and accumulated interest of the bonds thu oudorsed. But the Act goes still furthe than the Acts to which it professes to be ai amendmont, and provides for tho endorse ment by tho State of tho bonds of tb company to meet tho interest that nccme< between January 1 and July 1, 1868, stil moro decidedly demonstrating the inabilit; of tho company to meet tho interest upoi its debt; and the inference is unavoidable til nt similar applications for assistance wil bo periodically made to the Legislature a the company's interest becomes duo o its floating debt becomes unmanageable Whether it arises from the fact that tho sec tion of country which is traversed by tb road is insufficient to support it, or fron tho neglect or incompetency of those kavin) tho management of its affairs, tho result i patent that it does not earn money enougl to pay the interest on the debt which it ask thu Stato to endorse and guarantee. The legislation of 18GG and 18G9 is espo cially objectionable, inasmuch asitendorse a debt contracted during the war, which i specifically prohibited by Article IX, Sec tion 10, of the Constitution, declaring tba "no debt contracted by this Stato in heh al of tho lato rebellion, in whole or iu part shall over be paid." And, although th company may claim that tho Confedorat Government did not pay thom for thei services, or that tho funds which they re ceived therefor became worthless at th close of the war, tho provision of tho Cor stitution is not the less prohibitory on tbs account. I do not wish to be understood as desiring to intelfero between parties-indi? vidual or incorporate-who contracted ob? ligations during the war; but when those parties attempt to involve the State, as endorser or guarantor of such obligations, it is nay duty to remind our legislators of the constitutional provisions which restrict their action. Tho Act of 1861 I regard ns void aud of non-effect, as it was passed by a body of men organized in violation of the laws of tho land, and acting under the au? thority of thoso who were engaged in levy? ing war against the United States. To tho npholdiug and prosecution of that war, the Legislature of 1861 devoted all its efforts and energies, and immediately succeeding tho Act granting nid to tho Greenville and Columbia Railroad Company may bo found tho Act to authorize tho formation of a new volunteer company to bo called tho Chester Rifles. Upon this Act of 1861, both tho Act of 1866 ami that of 1860, at present under consideration, aro based, as both aro amend? atory thereto. To approve of this Act, >vould be to give force and validity to the action of a body not recognized by tho Constitution of this Stato or of the United States, and would bo in direct violation of tho ordinance of the Constitutional Con? vention, which ordained "that all Acts or pretended Acts of legislation, purporting to have been passed by the General Assembly of the State since the 20th day of December, I860, pledgiug the faith and credit of tho Stato for tho bonel'it of any corporate body or private individual, aro hereby declared inoperative uutil tho General Assembly shall assemble and ratify the same. Aud it shall bo the duty of tho Geueral Assembly, at its first session after tho passive of this ordinance, to attend to the same." Even had it been the intention of the Convention to give validity and force to this and similar Acts of tho Confederate L?gislature, which is far from being clear, thc present Legislature, by permitting a session to intervene after tho passage of tho ordinance, without atteudiug to the duty it imposed upon them, hnvo lost tho opportu? nity of doing so, and the power has passed away from them forever. I recognize in tho Greenville aud Colum? bia Railroad a useful and important agent in tho development of tho resources of what ? is rapidly becoming tho most populous and prosperous portion of the State. Valuable assistance might be safely rendered to the company by a new Act, giving the State endorsement, nuder proper restrictions, to its original bonded debt, and embodying such conditions as would make tho company feel its responsibility. If it is understood by corporations or individuals that all that is necessary to secure tho success of their schemes is to present a bill to the Logisla lature, embracing whatever provisions they may deem most couducivo to their interests, and by assiduous lobbying and other ques? tionable means force it through, tho State capitol will bo constantly infested with the paid ageuts and advocates of every con? ceivable project by which speculators may hope to obtain control of the people's money. The present managers ol' the Greenville and Columbia Railroad, by their course heretofore, have given au indication ol what may bo expected from them hereafter. Periodical applications to tho General As? sembly will be made as their debts become due, until they will have accumulated to such an amount as to become utterly un? manageable, whon the company will be forced into bankruptcy and liquidation, leaving to tho Stato the responsibly of its heavy debt, and a worn-out railroad, not worth one-half tho sum for which it ii mortgaged. While tho debt of tho road if regularly and rapidly increasing, its valut is steadily diminishing. In a year or two, at most, the track will be relaid with new iron, at a ven heavy expenditure, and wi have every ^ason to expect that tho State will again be applied to for assistance in thif new emorgency. Every augmentation of tho debt of the State injuriously affects its crodit and paral yzes its energies, while it increases tho bur? den of tho tax-poyor. It is, therefore, in cumbi'iit upon those having tho custody ol the public treasure to guard it with jealons vigilance; and ns the Chief Executive of tin State, it is made my duty to seo that thc Constitution is maintained, and tho law! faithfully executed. Tho Act under consi deration professes to be an amendment to ar Act based irpou what purports to bo an Aol of a legislative body not recognized by thif Government. Both on the grounds of un? constitutionality and inexpediency, I fee compelled to withhold my assent, and ] therefore) respectfully return it to the Se nate without my siguature. R. K. SCOTT, Governor. Tho consideration of Messugo No. 32 o? tho Governor, was made tho special ordei for Friday, February 12, nt 1 P. M. Resolutions relativo to two daily sessioni and to adjournment on the 18th instant wero ordered for consideration to-morrow. Bills to defino tho manner of confessing judgments; to regulate tho manner of grant ing final dismissal to executors, administra tors, trustees, guardians and committee hereafter by Judges of Probate; to inoorpo rate tho Independent Telegraph Company were read. A bill to confirm and declare valid the re cent election of Mayor and Aldermen of tb? city of Charleston, caused a heated discus? sion, participated in by Corbin, Cain, Les? lie, Swails, Nash and Rainey. Sundry amendments were proposed and over-ruled; but the following, proposed by President Corbin, was ngreed to: That for each and overy day's detention or holding of tho office of Mayor or Aldermen of the city of Charleston, contrary to tho provisions of this Act, tho person or persons so offending shall be subject to a penalty of fifty dollars, the said penalty to bo recovered in nu action of debt by tbe person or persons aggrieved and kept out of office thereby. That any laws continuing in office persons elected or appointed to office to, during or under tho lato provisional government of South Carolina, or under or by virtue of any mili? tary orders, shall bo held not to apply to or continuo in offico tho present acting Mayor and Aldermen of tho city of Charleston, but as to them, said laws shall bo held to be null and void. All Acts and parts of Acts incon? sistent with this Act uro hereby repealed. Parson Cain moved to amend by the addi? tion of the following proviso: That the election held on tho 10th of November, 18fi8, shall bo declared valid by law as de? manded by the Act of the General Assembly passed at the special session. Rut it was not seconded. Tho yeas and nays, on agreeing to the bill and ordering it to engrossed, are as follows: YEAS-Allen, Corbin, Dickson, Greene, Hoyt, Hayes, Hayne. .lillsou, Leslie, Lun? ney, Montgomery, Maxwell, Nash, Swails and Wright. NAYS-Barber, Cain, Owens, Reid and Wimbush. Parson Cain gave notice that bc will enter a protest, to be recorded in tho journal, against the passage of tho bill. The Senate adjourned 4.35 P. M. HOUSE OF REPRESENTATIVES. Tho Houso met at 12 M. Tho Committee on Incorporations report? ed on tbe petition of Isaac G. Long for a charter of Kingston Lako and Maple Swamp by bill to vest in Isaac G. Long tbe charter of a water courto through Kingston Lake and Maple Swamp, in Horry County; or? dered for n second reading. Tho account of Edwin Parker, M. D., of Abbeville County, for attending prisoners in jail, was referred. The petitions of James McCaslan, of Ab? beville; A. O. Norris and George W. Faut, of Anderson County, for removal of their political disabilities, were referred. Bills to amend au Act entitled "An Act to authorize a loan to pay interest on tho pub? lic debt," and to alter and amend un Act entitled "An Act to incorporate the town of Wionsboro," wero rend and referred. The Speaker announced as tho Special Committee to report on matters iu relation to tho Catawba Indians: Nengle, Stewart, Goodson, Griffin, Jobusou, Nuckles and Saunders. Accounts of the Charleston Dalli/ Xews and tho Charleston Courier wero referred to tho Auditing Committee. The Committee on Engrossed Acts re? ported as duly and correctly engrossed for a third reading, a bill to authorize a loan for the relief of tho Treasury. Read third time and sent to tbe Senate. Several members objected to tho bbl, for the following, among other reasons: The bonds aro only to be used in case of contin? gencies, said contingencies not being suffi? ciently specific. There is too wide a door opened for, and too great a temptation of icred for, foul dealing by financial agents, or others whose duty it may bc to manipulate tho funds provided. Tbe provisions of tho bill, taken in connection with the condition of tho Treasury, render it quite possible for tho Stato to lose the interest accruiug on said bonds from tho 1st day of January last to the time when tho said bonds are used, involving an amount of 85,833.33 per montb. Because tho bill bas been forced through tho Houso precipitately, and with? out sufficient reasons having been shown of its necessity. The consideration of tho bill further to amend the Acts incorporating tho Universi? ty of South Carolina was resumed, and Sec? tion 1 amended as follows: "Neither the said Board of Trustees nor the Faculty of the University shall make any distinction in tho admission of students or the manage? ment of thc University on account of race, color or creed." After sundry trifling amendments, the bill was ordered to be en? grossed for a third reading. The following members obtained leave of absence: Uolliman, J. H. Jones, Joseph Boston, H. James. At 8.80 P. M., the House adjourned. SOMETHING NEW FOR 1869. rpm: NEW CASKET; a Rieh Collection ot JL CHURCH MUSIC, containing Sparkling Gems, gathered from tho works of Handel, Haydn, Mo? zart, Beethoven, Rossini and other Great Masters. Also, Choico European and American MELO? DIES, selected from Nineteen Popular Music Dooks; besides, a largo amount of NEW MUSIC, composed and arranged expressly for this work. Altogether, being tbe most Completo Collection of SACRED MELODIES ever published. Dy George O Robinson, Charleston, H. C. DIARIES FOR 18CJ, T W E N T Y VARIETIES, AT Jan 5 DUFFIE A CHAPMAN'S Bookstore Planting Potatoes. IT {\ BBLS. PINK-EYE PLANTING POTATES, rjVJ just received and for salo by jan 14 J. A T. R. AGNEW. Special Notices. ESSAYS FOR YOUNG MEN-On tho ERRORS and ABUSES incident to Youth and Early Man? hood, with tho humane view of treatment and cure, sent by mail free of charge. Address HOWARD ASSOCIATION, Box P., Philadelphia, Pa. Jan 20 3mo Krrom of Youth.-* gentleman who Buffered for years from Norvona Debility, Premature Decay, and all the effects of youthful indiscretion, will, for thc sake of suffering humanity, send froe to all who need it, the receipt and direction? for making the simple remedy.by which he was eared. Sufferers wishing to profit by tho advertiser's ex? perience, cnn do so by addressing, in perfect con tidenco, JOHN B. OGDEN, Feb 3 .Imo No. 42 Cedar street, New York. .MAN iioor?"-Another new Medical Pamphlet from tho pen of Er Curtis. Tho Medical Times says of this work: "This valuablo treatise on tho cause and euro of prematuro declino shows how health is impaired through eocrct abuses of youth and manhood, and how easily regained. It gives a clear synopsis of tho impediments to marriage, the cause and effects of norvonB debility, and the remedies therefor." A pocket edition of the above will bc forwarded on receipt of 25 Cents, by ad? dressing Dr. CURTIS, No. 58 North Charles street, Baltimore. Md. May 27 ly To Consumptives.-T!>o advertiser, having heen restored to health in a few weeks, by a very simple remedy-aftor having antlered sovcral years with a severo lung affection, and that dread dis? ease, Consumption-ia anxious to mako known to hi? fellow-sufferers the moans of euro. To all who desire it, he will send a copy of the prescription used, (free of charge,) with tho di? rections for preparing and usiug tho same, which they will find a SUIIE CURE iou CONSUMPTION, ASTHMA, BUONCHITIS, etc. Tho object of tho ad? vertiser in Bending tho prescription, is to benefit tho afllicted, and spread information which ho conceives to bo invaluable; and ho hopes every sufferer will try his remedy, as it will cost thom nothing, and may provo a blessing. Parties wishing the prescription, willplcaso ad? dress REV. EDWARD A. WILSON, Williamsburg, Kings County, New York. Feb 3 _3mo PRESCRIBING FOR ITU. PBOPLE_We have dispensaries, hospitals, noble institutions ol all kinds, for the relief of human ills. Every thoughtful citizen appreciates tho value of these establishments for tho amelioration of suffering. But they do not cover the wholo ground; indeed, it is impossible, in the natnre of things, that the amount of good thej- do should he at all in pro? portion to tho popular need. They aro confined, principally, to large cities. To tho sick man in the remoto Wost, for example, of what uso is the New York City Hospital, or tho New Y'ork Dispen? sary? But, although asylums for invalids aro not to bo found everywhere, an unequalled tonic and alterative is within tho reach ot all. There is, no settlement that hears a name, within tho limits of tho United States, where HOSTETTER'S STOMACH BITTERS is not proeurablo. It is a mediciuo for tho whole c immunity, easily obtain? able by all its mcmbors. At this period of tho year, when tho "slant sun of February" is beginning to evoke unwholesome vapors from the earth, and the "fover and aguo season" is close at hand, this excellent vegetable preparation should he taken aa a fortifior of the system. All complaints proceeding from indiges? tion arc rampant when the winter breaks up in a 'ground thaw;" simply because no sensible pre? cautions are, as a rule, taken to prevent them, l or.stall the evils that lie penhi in many a marah, and *wamp, ami pool, ready to pounce upon the n?*gl. etful as soon as the sun tdiall have liberated tin- spring miasma from tho reeking soil. Es'-apc Iii liions attacks, colic und all mala? rious endemics and epidemics, hy ttrongtbening and regulating the digestive, secretive and dis? charging organs with the most efficacious and balsamic of all vegetable invigorants. Dyspepsia is always aggravated by tho damps of early spring, and Shakspearo tolls us that "the sun, in March, doth nourish ague's." Against both these complaints Hostettor's Stomach Bitters are the best possible protection. Jan 31 tG New Orleans Syrup. 5BBLS. Choico New Orleans SYRUP, for sale by E. A G. H. HOPE. Columbia and Augusta Railroad. I f\f\ SHARES for salo by II Al Jan 24 OREO G. PALMER ?CO. _ W. D. CORN WELL, M. D., PHYSICIAN AND S U ll O HON, OFFICE at residence on Blanding street, near Charlotte Di-pot. Jan 27 lino* _ Superior Flour. 1?T f\ RAGS Strictly Choice Family FLOUR, *J\J KIO bbls. Low Priced Flour. ! For sale low by K. A G. T). HOPE. Light, Light. -g /-\ BBL9. Prime Whit.. KEROSENE OIL, 110 l\) Iii? hst, .iii hand and for sale, at reduced prices, itv the barr? 1 and at retail, by 1 jan ,; . J. A T. ft. AGNEW. Dissolution of Copartnership. 1THE partnership heretofore existing nuder tho name of FISHER A LOWRANCE is this day dissolved, by mutual consent. E. H. FISHER, Jan 12 H. N. LOWltANCE. Sugar and Coffee. -j (\ HUBS. PORTO RICO SUGAR, X\J 00 bhls. Refined Sugar, 75 bags Rio Coffee, all grades, 15 bags J a? a and Laguayra Coffee. For salo low by B. A. G. I). HOPE. Venison Hams, COUNTRY-CURED BACON, Smoked Botf, Mountain Butter, Dried Apples and Pesch? s, Now Orleans Syrup, Just received and for sale by Jan 31 E. A 0. D. HORK.