The daily phoenix. (Columbia, S.C.) 1865-1878, April 24, 1869, Image 2

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r fe? ,o* X jfw Ar?. JC? COLUMBLlT^r^" Saturday Morning, April 24. 1869. The T?XM Ca ?e. The most important caso that bas be? n lately brought before onr courts for a dec! sion is that of the State of Texas in regard to tho ownership of certain bonds. The opinion of the oonrt involve? many points of constitutional law that -were awaiting an authoritative announcement from the Su? preme Oourt of the United States, os the grout arbiter of questions affecting the gravest interests of the .nation. Tho most important point was that ol the jurisdiction Of the Supreme Conrt. That court hos jurisdiction of snits brought by a State of the Union against any other St ato or citi? zens of any other State. 1 This snit was in? stituted by th? State of Taxa?, which, by the Act of Congress ot Hf arch 2, 18C7, was pronounced '?illegal," and was also, by n subsequent Act of July 19, 1867, declared to be one of those States which had "not legal State Governments." The suit wns .instituted in 1867 as an original suit in the .United States .Supreme Court, nod the deci? sion dc not only that the court has jurisdic? tion, bat that, notwithstanding all the Ads of Congress, Texas Was at that time ac? tually and legally a State, and one of the .States o? tho Union. ' It is unnecessary to enter into details as to the various points presented in this decision. It was ably argued, aud the opinion delivered by tho Court is ac? knowledged to bo one of the ablest aud most exhaustive and conclusivo over ema? nating from that highest tribunal of jus? tice. It decides, among other things, that Texas has never ceased to bo a Stato of the Union; that the Acts of s?cession were void, and that no Stato has at any time taken itself out of the Union. Tho au? thority of the Federal Government was sus? pended while the State was in rebellion, but neither did tho Stato loso its status ns one of the States of the Union, nor its citi? zens as citizens of the United States. The opinion justifies tho establishment of the provisional governments organized by Pre? sidents Lincoln and Johnson as a necessity for the restoration of law and order and legitimate State government in the seceded States. It avoids, however, any decision upon the constitutionality of the various reconstruction laws of Congress, except so far as they recognize the existence of a Stato government already organized. It was in effect decided, in the language of the brief of one of the counsel, Mr. Ii. T. Merrick, that "there may bo a Slate without a government, though there cannot be a goverrmcnt -wUhoal ?* State. A State is none the less a Stato though anarchy may prevail and all government be overturned. The association of individuals remains un? der the social compact, though without any organized power exercising and directing its political foroe. It is, therefore, appa? rent that the State and the government are not one and the same;" and that the go? vernments of those States which were in rebellion "were usurping governments, established upon the overthrow of tho go? vernments ile jure, and organized for the purpose of hostility to the Union. And the object of the war was to overthrow these hostile and usurping governments, and re? establish tho governments ile jure in their legitimate authority, and at tho sumo time restore the supremacy of the Federal Con? stitution in States that never had been and could not be withdrawn from the Federal Union." The point made by Mr. Merrick that "a Stato neither loses any of its rights nor is discharged from any of its obligations by a ohnnge in the form of its oivil government," an old maxim in fundamental law, is fully recognized by the Court in this decision. As has been well said in reference to this decision by an ablo cotemporary, "The go? vernment of a Stato is a mere incident, which may be changed, altered, or abolis hed without impairing in any wise tho political qc territorial integrity of tho State. The acts of secession had no legal effect, and their practical effect was the overturning and destruction of tho government at that time existing in that State. Thc condition of Texas during the war was that of a State of the Union without any legal government, and in that condition she was recovered by tho military forco and authority of the Union at tho close of the rebellion. An? drew Johnson appointed a temporary Go? vernor of that and other States similarly conditioned at tho end of the war, and since then Congress, by express legislation, has recognized such governments as valid, though declaring thom to bo provisional, and subject to the control and authority of tho United States, until such time as the people of such States should frame State governments republican in form, and ac Texas has been governed by this provision? al organization; and it was this government which, olaiming to be the government of the State of Texas, filed a bill to arrest the payment of certain bonds, the property of ' ;hat State, which had been sold by those persons ruling Texas during the rebellion. It was objected that this government, pro? visional at the most, but de facto, and yet subordinate to the control of the United States, did not represent the State of Texas, and could not bring suit. But the court decided that the character of Texas as a State of tho Union never having changed, and being tho same now that it was from the date of her admission, the actual govern? ment, recognized ns such by the political departments of the Government, was tho representative of thc State to the extent of being entitled to bring this suit." Tho importance of this decision is not to bo over-estimated. It has already been assailed by partisans, who have taken only the telegraphic abstract ns tho grounds of their objection ; but it is one that will be? come hiatorisal, and will go far towards realizing tho maxim with which the present administration set ont, "Lotus have peace." -o Combative-Wry. Ono of our old friends of the Augusta Chronicle and Sentinel, (we know not whethei it is tho brigadier of tho late "so-called,' or modest Put Walsh, the efficient agent ol tho Associated Press,) has evidently got hil back up. . It seems that the Chronicle pub lishcd, a few days ago, a batch of bogn; telegrams, which it said had passed betweer Bullock and Foster Blodgott, copies o: which had been accidentally secured by tht very enterprising "local" of that journal On tho strength of this pleasantry, comos t threat to mob tho office, and our editoria friend opens fire as follows: "Wo tako great pleasure in announcing to belligerent Republicans, that this offico ii now in a state of complete defence. Wt have lately procured, and at a largo expense from tho celebrated can non foundry at Pitts burg, Penn., a 2-40,01)0 pounder, breech loading, double-back action, self-adjusting self-cocking, self-shooting, revolving Whit worth cannon, which has been mounted ot a pivot in tho passage leadiug to tho count ing-room, where, crammed to the rauzzl with grape-shot, cannister, brick-bats, typ metal and hard tack, specimen turnips au< potatoes, it but awaits the preaeuce of th invader, to bo fired by electricity. We flat ter ourselves that it is the most destructiv weapon of warfare ever introduced in thi city. Flanking this gun, is a new pateul lever, doable cylinder, high pressure, duple attachment force-pump, of our own invec tion, which, by tho turning of a screw i the editor's desk, will discharge 45,000 ga lons, two quarts aud one-half pint of gt tar, from oar own gas works, in the face ( tho advancing enemy. In rear of these, tl two fascinating errand boys and tw equally fascinating devils of the estai l:shmeDt, will servo up boiling h< paste, in such quantities as the occasio may require. One hundred dozen superfit Derringers, each ono warranted to blow hole in a man as big as a pjmpkin, Inn been received and are distributed about tl persons of tho editors of this paper. "N. B.-These Derringers are of the san pattern as those given by Governor .Bulloc to Blodgett's Chief of Police, and are ce tain death, vide the murder of Cornell Red. The priuters are all armed wi Spencer 'shooting sticks,' shooting 2! times. This force hus been fed on regul rations of scalaweg juveniles for tho pa three weeks, nod is now in a most savai condition. Commanding the Ellis stre entrance are tho identical two pieces of ? tillery which Dr. Powell testified before tl Reconstruction Committee were used this city at the Presidential election, bo heavily loaded. Tho walls of the buildii have been loop-holed for musketry, ai crack marksmen have been engaged sharpshooters. In tho second story of t rear building is kept confined a man e ployed, at a regular salary, to do the figl iug for the establishment. This gentlem is u pugilist, who was trained by John Heenan. He is six feet ten inches in heigl weighs 300 pounds, practices every day w: 500 pound dumb-bells, and can cat a s cord at fifty paces with a Colt's pistol ni times out of ten, shooting off-hand. C James Meredith has the command of company of Ka Klux scouts, whose di it is to constantly patrol tho square, wli on tho roof of the building a look-oul competent velocipedist, rides a bycicle day and night, so that any attempt to s priso us will bo useless. Upon every di of the building is placed a tub of 'Bang Raw Bone Dust and Soluble Pacific Guar which hos boen arranged with such devil ingenuity as to fall upon tho head o scalawag tho minute ho attempts to enl Both of tho avtiolcs first named have b procured from the store of J. O. Math son, and oro warranted genuine. From I it will bo seen that wo are fully pr?par?e meet any emergency which may arise." Miss Clam Louisa Kellogg, after cousc ing to fling in Now York for the beuefil tho Cuba revolutionists, reconsidered matter, and refused, hecuuso the gentler with whom sho has contracted her pro sionnl services had engaged to bring her at Havana next autumn, in winch case apparent manifestation of sympathy for insurgents here would bo likely to proju her popularity. No. 4-**. Co4?ty MtA%Mfift tt W.vrt>.r*>r. To JUE Totmo MKW: Tou aro ir the prime of life. Toa are the booe and sinew of tbe County. Toa will soon have to take the place of your fathers. To you is looked for the rapid development of the agricul? tural, mechanical and manufacturing re? sources of your seotion. The State of South Carolina has been thrown open asa free labor commonwealth, with no speciality exempt? ing any man from labor, by having the burden of toil thrown upon some other. The need is imperative which eompels eact individual to seo what he is worth to thal commuuity iu which his lot ia cast. Nt pretension or excuse will avail to stain' against the stern necessities of the occasion Communities, individuals are compelled tc havo bread, and with no one now to ean it, they must sacrifice fulse pride, blood am go to work or starve As this fact is real ized and conceded, so will the County; st will tho State; so will tho South riso fron her disabilities. It may take time to brinj in persistent idlers, but they will acknow ledge, in tho end, that it is far better, ant decidedly more honorable to labor than t< starve or beg. The fact is, and there is no usc to deny it there are a great number of young men ii this County, a vust number in tho ?South living in idleuess. Thia was admissible, i wo can uso tho word, when they owned for tunes; but now, since the negroes are swep away and most of them rendered poor am penniless, is un ovil of the greatest magni tude. We aro aware that all of them wonlt practico law, medicino, dentistry, keep hotel, bar-room, restaurant, engage in mei cantile pursuits, edit a paper, deliver a Icc ture, turn minister, teach a school, or d auythiug besides go to work; but ?inding u opening in these occupations, they are lyin on their oars, doing nothing, waiting, lik Micawber, for something to turu up. A over the country, from the seaboard to th mountnins, every mun that can raise lift dollars, or get tho credit, ia wild to get u a store. What are all these occupations They arc consuming and non-producing. Tho young men of the State, tho youn men of thc County, no matter what the blood, must come to labor. We say, in til best und kii dliest of feelings, they mm cease to be mero consumers, but becom producers. They will havo to come to tl couclusiou that honest work is better tba no work at all, uud that unless they worl they will have to beg or starve. We ni happy in being able to say thero are a fe examples iu thia County, and we prcsun the same extends over tho ?State, of youn men that were raised in aillueuce. who ha\ seized upon the plow and the hoe and goi to work. This is a noble oxample in a nob cause worthy of imitation. There is, n young friends, a dignity in labor. The hi tory of tho great of all nations is the hi tory of labor. The sons of the laborer ar mechanic are the rulers, the philosopher the statesmen of the world. Now, we ai tho question, is honest labor degrading, idle vagabondism noble? Thero is no excuse, no apology for ai hearty, hale young man, with two good le and hands, even if he has never worked, bo loafing about in idleness, wuiting f something to turn up to better his fortur Duty to his country, to his family, to hil self, to his Qod, urge upon him to lay he upon tho implements of labor, and go work. Not without labor did sinless Adam Iii "but iu the sweat of his face" did fall Adam earn his bread. As he was no long what he had been, his highest welfare nt required a more stringent law of labor th would otherwise have been necessary. No would saj', with a clear conscience, bo mt consumers of other men's toil. There mi be no drones, if wo really mean to prrsj this Southern laud. A noble heart will d dain to subsist like a droue upon the hon gathered by others' labor, or liko a shark prey ou the lesser fry, but will oue way tho other earu his subsistence; for ho tl doth not earn eau hardly eat his own br? Let anyone take upon himself thc trou to look around, aud ho will see that thc n who now possess property, and who prospering, are thoso who toiled with til bauds. If this was done amid the syst in which wo lived, how much moro cert will the industrious laborer acquire a forti iu the future. Says tho Holy Book: "The hand of diligent shall bear rule; but tho slotl shall bo under tributo." Labor is the gi law of tho universe. Industry,, pcr.se1 ance and energy, liko truth, will prov Patriotic speeches, blood, chivalrous so monts, constitutions, political theories, c ventions, hospitality, nobility, dnelli segars, whiskey, laziness, these aro not things which make a nation success powerful, prosperous and great. 1 Greek had chivalry, magnanimity, boasted of his blood. For awhile flourished, hut indolence ruined him. tho other hand, tho sturdy Roman neither blood, chivalry, magnanimity, entertained auy notions of honor. Ho selfish, grasping, merciless and cruel, industrious, persevering, patient, S3'stem in his movements, of indomitable will, < u wonderful power of organization, possessor of such qualifications, ho car the Roman englo triumphantly over world. He created a mighty empire, fra tho civil law, and founded a language, i eloquent and powerful, that is studied pleasure, and stands as a model for all nations of tho earth. Among the modern notions, the English approach nearer the Bomen character, and have been styled the modern Romans. They possess, in a wonderful degree, what ia vul? garly called, but which is eminently nsefnl, corn bread common sense. They have toiled, worked and labored for many a .weary year, nntil they have commanded the commerce. of the world, while their sales whiten every sea. They are sneeringly spoken of as "a nation of shop-keepers," with au exceeding fondness for roast beef, pudding nnd beer. When a nation of people are bent upon beef, pudding and beer, in their efforts to obtain it they must acquiro wealth, and wealth ia power. Hence, England, in the efforts of her people for beef, pudding and beor, has become rich, great and powerfnl. Her neighbors, the Irish, are a more genial, frank, chivalrous, knightly nod impulsive people, sensitive to a fault, on honor; but while they havo been writiug patriotic songs and spirited melodies, becoming poorer and poorer every day, the English, by ceaseless toil and patient labor, have become the head and front of tho industry of the world. The Yankees, say what we may, aro an? other persevering, industrious, practical race. They have indefatigable energy, per? tinacity of purpose and indomitable will. They are a race of beavers. Their moniton anil irou-clads sailed along our coasts iu Confederate times, and they now traver? the ocean and float in the waters of distanl seas. Like Bruce's spider, in ensting hei web, they toiled and labored at tho Atlnn I tic coble when others would havo yielded, I uutil they accomplished their design, lu th< I great Pacific railway, connecting the Atlonth with the Pacific, the mightiest work of tin nineteenth century, they have displayed th< spirit which actuates them. This shows tba a people, industrious, persevering, int elli gent must inevitably succeed. The great question to be settled with us since the laborers of the South, of the Stab and country have been wrested from thei owners, who once performed nil manna labor, produced our cotton, rice and suguar is: Will our young men work? will they seiz upon tho hoe, plow and cradle? will tho; turn their attention to mechanics? Arc the; made of that material which will promp them to labor, patiently, silently, manfully with a hope deferred, yet with an eye singl to success, until they have arisen from thei reverses and accomplished their ends H.ivo they the p itience and meekness of Moses, with the faith and nbidin0 couf dence of a Taul? with the manliness au frankness of the Irishman? Have they th stern, determined, indomitable will, wit tho undiscouraged, persevering pertinacii of purpose of the stern old Roman? LEARCHU3. Tho Emperor Napoleon lately visite Marshal Vaniaut's apartment in tho Tu lories, to view a great number of objeel which had belonged to Napoleon I, an which wcro lutvty bequeathed by tl Princess Baciocchi to the Prince Imperio Among the interesting articles displayed wi thetri-colored scarf which General Bonapar wore when he visited at Jaffa the persoi attacked by the plague; the spurs which 1 had on at the battle of the Pyramids; sev ral snuff boxes belonging to the Empero also, the one left behind by Louis XVL on the table when he took his deparlu: just before the Hundred Days; several v l?mes annotated by the Emperor, ai among them the "Voyage du Jeune An charsis en Greco," aud the "Aventures < Telemaque;" likewise a quantity of adv gilt plate used by his Majesty at St. Helen Napoleon III examined tho whole wi great attention and interest. -o A pamphlet has just been published 1 Steinkopf, in Stuttgart, eutitlod "The Ju Cause of Prussia, by a South German which has caused some sensation in th city. The nnthor combats the opinion tl tho policy of Prussia in 18G6. in spite of : brilliant success, was morally wrong, a that South Germany in accepting its resu and lending it her support would be sai Honing a crime. Ho argues that the gr< national mission of Prussia and the aspii tions and requirements of Germany fore the Prussian Government to act us it 1 done, aud that it is only by a hearty a thorough reconciliation with the North tl tho Southern States can hope to attaii healthy development and the longings Germany can be satisfied. .-o Tho District of Constantina is ogi menaced with a plague of locusts, as i meuse heaps of tho eggs of that insect hi been discovered underneath the soil. A ward of 500 francs for every 100 kilogram! has been offered by the authorities, aud natives arrive daily with mules heal loaded. Tho eggs aro theu curefu crushed and mixed with quicklime. --o "MENS SANA IN SANO ConroitE." have a sound mind in a sound body is knowledged to he tho great end and aim life, iu a secular point of view. The soi mind is doubtless most desirable; bul what avail is it without tho sound ba Observe that youth or that maiden fair high spirits and brilliant talents. We miro the palo intellectual cast of fcatu but disenso has fastened upon tho frame, tho bloodless face grows thin, decay of mental and physical vigor s follows, to bo succeeded by death. I was made to labor, but there can be no 1 sustained work without health. To ir the emotions fresh and true, to n the mind active and vigorous, to II the body strong and handsome, we r. have life's greatest blessing, health, eat well, to sleep well, to look well, to well, health is tho one thing needful, tho pearl of great price, more to be pr than tho wealth of "Orrnns, or of Ii ll ein it sb's Queen's Delight is the best b Enrifier, health restorer, yet discovered, e would do well to act well and try it. A' j -4 ?M o ??5 ? i X t ? m ? . -O-r FALSE-PACKED COTTON.-Yesterday, sj lot of nineteen bales of cotton, from Abbeville, was offered to Messrs. Blakely A; Gibbes. Mr. Gibbes sampled- the cotton and after offering 25}? cents per ponnd for it, moue a close, examination of it, and found eighteen bales of it to be falsely packed-being filled in the middle of the bales with cotton seed ! and wet nnd rotten cotton. On boring into tho middle of tho bales, bushels of seed were found. The young man who had charge of the cotton asserts very positively that the fraud was entirely unknown to him, and that the packing was dono on his mother's plantation by the freedmen, who had an interest in the crop of one-half. The incicliants and committee of the Board of Trade have, we learn, determined not to prosecute the party in this case before giv? ing him a chance to clear himself, and the cotton will be loft in the depot, at the Green? ville road, for the present. Those who would like to see a well-arranged piece of rascality, gotten up to defraud our mer? chants, would do well to go and look at this lot. Hunters and others can rest assured that in future attempts of this kiud to de? fraud will bo punished to tho extent of the law, and our merchants, from bitter experi? ence, have loamed to examiue their pur? chase with great scrutiny. -o Srtrgent, the illusionist, gave general satis? faction to a large audience, last evening, at Januey's Hall. Thero will bo a matinee this afternon, nt half-past 3 o'clock, for the accommodation of children and ladies. Every child that attends will receive a hand? some present. Parents, ?end your little ones along, and give them n pleasant and innocent afternoon's enjoyment. Thero will be another entertainment, this evening, at the same place, commencing ak & o'clock. (Quantities of valuable presents bestowed nightly on the audiouce. -o Augustus E. Cohen has been appoiuted by the Governor of Connecticut Commis? sioner of Deeds for that State in South Ca? rolina. -o NEW ADVEIITISEMENTS.-Special attention is called to the following advertisements, published for the first time this morning: Thos. J. LuMotte-Assignee's Sale. J. McKenzie-By Express. Darby & Co.-Notice. H. W. Rogers-Mules and Horses. E. E. Jackson-Artificial Eyes, Ac. Jacob Levin-Auction. Meeting Palmetto Fire Engine Company. Acts Passed by the Legislature. -o TUE CASE OF THE BANK OP THE STATE. Judge Carpenter, yesterday, in this ease granted the order moved for by Attorney General Chamberlain, and appointed W. 0. Courtney, Esq., receiver of ail the real and personal estate, assets and choses of action of the corporation known as the President and directors of the Bank of the State of South Carolina, upon his entering into bonds, with approved sureties, in the sum of $30,000, and directed him to hold the estate subject to the order of the Court. [Charleston Courier. -o The largest is not always the best, br I the AMERICAN HOUSE, BOSTON, which is the largest Hotel ia New England, will al*o be found ONE of the best. Every provision is made for the comfort of guests. A2? A WnoNo IMPRESSION CORRECTED.-Many persons believe that there is no value in any tiling that does not come from "the North." How humiliating! However, this impres? sion is being gradually corrected. It is now admitted that no remedial Agent lins ever been discovered, North or South, that pos? sesses, iu so eminent a degree, tho power of eradicating from the system all foul distem? per, as DB. TUTT'S SARSAPARILLA AND QUEEN'S DELIGHT. The secret is, it assists nature lo do this through its own channels. It is composed of vegetable substances alone, [.very one of which grows on Southern soil. lt is the BiiOOD PUBTPIER OP THE AGE. A24 6 -o THE MAMMOTH CAYE-EXTRACT FROM A I'AIVATE LETTER.-* * * * * We groped about for many hours ir? this wou jerful place. I never saw ouything like it. The freaks of nature displayed hero are very strange, aud strike the beholder with awe. But the air in somo purls of the cavo is close iud stilling, and when wo came out, I fou.nd mvself saddled with a terrible fever, whicb entirely prostrated mo. The physician had never seen a caoo like it bofore; and no remo tly he prescribed scorned to do tho leasl ?ood. My lifo was despaired of. Mrs, Wilson, with whom I was residing, had ic the house a bottlo of PLANTATION BITTERS and sho insisted I should try it, for she saic ibo knew it to bo a certain cure in all case* of fever, debility, ague, dyspepsia, Src. 1 liad but littlo faith, but finally consented t( try it as a last resort. In less than thrc< hours after tho first dose, my fever left mo in two days I was sittiug up, and befor< Saturday night, I was os well as ever, tell you all this that you may know how ti ict in any case of fever, or any bimilar dis sase. I firmly believe tho PLANTATION BIT TKRS saved my lifo. ***** itl ny next I will tell von about tho cave in detail A. J. P. MAGNOLIA WATER.-Superior to tho befe imported German Cologne, and sold at hal the price. A24 ilf3