The daily phoenix. (Columbia, S.C.) 1865-1878, May 21, 1869, Image 1
THE DAILY
Daily Paper $8 a Year
'Let our Jost Censure
PHONIX.
Attend the True Event."
Tri-Wetkly 65 a Yea?
BY JULIAN A. SELBY.
COLUMBIA, S. C.. FRIDAY MORNING. MAY 21, I860.
THE PHOENIX.
rOBLIUaXD DAILY AND TBI-WEEELV,
THE GLEANER.
EVEKY WEDNESDAY MOBNINO.
BY JULIAN A. SELBY,
EDITOR A5.D PaorniETOB.
Office on Main St., few doors above Taylor.
TERMS INVA RI A ELY IN A D VA NCE.
BOBSORUTION.
Daily, 6 montbs..$i 00 | Tri-Weekly, G U10S...?2 50
Weekly. 0 months.$1 50
ADVK.'iTISKMKNTS
Inserted at 75 conts per square of nine lines for
the firat Insertion, and 50 cents each subsequent.
Weekly 75 cents each insertion.
Mg- A liberal discount made on the abov* rates
when advertisements are inserttd by the month.
AGENTS.-Hiram Mitchell, Spartanburgj J. R.
Allon. Cheater ; 8. P. Kinard, Newberry C. H. ?Jas.
Qr ant, Union; Julius Poppe, Anderson C. H.
SSI Jp &C??L? ^^NjOt,?C>&&.
TAB?ETPAI.K WITH A VICTIM OP ?B?
DIGESTION.-Reador, wo wiU suppose you a
martyr to dyspepsia. If you aro not, so much tho
better for you. If you are, perhaps you may pro?
fit by this paragraph. You have Just finishod
your dinner, wo wiU say, and feol as if you had
swallowed lead, instead of wholesome food. You
have a Bonaation of tightness round the upper
part of the diaphragm, as if aomo snake of tho
conatrictor tribe held you in its embrace, and had
knotted ita ooila over the pit of your stomach.
You feel supremely miserable; and such is tho pe?
nalty which your complaint exacta after every
meal. What do you desire? Ease, of couree. An
exemption from the incubus that robs you of all
enjoyment during tho day, and disturbs your rest
at night. Tako, then, thia pieco of information :
You suffer needlessly. HOSTETTER'S STOMACH
BITTERS vt.il as cortainly euro all your agonizing
eymtoma aB tho day on which you read this article
will bo succeeded by another. Perhaps you arc
incredulous; but if you havo read tho testimony
of tho eminent citizens, in every walk of life, who
havo tested tho preparation, and submitted the
results of their oxpcrieuco to the public through
tho press, you ought at least to have suflicicnt
faith to ni?ko a trial of it in your own case. It ia
a pure vegetable tonic and alterative-tho only
medicino m tho world entiroly adapted to-your
complaint. If you aro in tho habit of taking any
alcoholic excitant as a palliative, abandon it, and
try thia wholcaomo medicated etimulant. If it
does you no good, say ao; but yon will not do that,
for it has never yet failed, in a singlo ins ta?e?, to
cure dyspepsia, biliouBneaa, and their various
comitants._May 1G t6
Al,- PHILOSOPHY OF MARRIAGE-A
NEW COUBSE OF LECTOBES, as delivered at tho
Now York Museum of Anatomy, embracing the
subjects: How to Live and What to Live for;
Youth, Maturity and Old Ago; Manhood Generally
Reviowed; Tho Causo of Indigestion; Flatulence
and Nervous Diacaaea accounted for; Marriage
Philosophically Considered, Ac. These lectures
wiU ho forwarded on receipt of four stamps, by ad?
dressing Sec'y Baltimore Museum of Anatomy,
74 West Baltimore street, Baltimore, Md.
May G ly
Chewing Tobacco.
OA BOXES "ROBO Bud," very fino,
?iVj 2 "Navy,"
10 " Common, low price.
April 20 JOHN C. SEEGERS.
City Taxes.
CITY COUPONS, receivable for Citv Taxes, for
_ sale by_QBBQO, PALMER A CO.
Light! Light!! Light!!!
SAFETY and Economy comhined, bv using thc
CRESCENT GAS GENERATOR "and CRES?
CENT OIL. This Oil is non-explosive and gives
a brilliant light, without tho uso of lamp-chim?
neys, or tho trouble of cleaning them. Keroeeno
Lamps altered to uso the Crescent Oil and Gas
Generator, at a trifling cxponao. For further in?
formation and a supply of Crescent Oil and Gas
Generator, apply to_J. A T. R. AGNEW.
Wine Bottles.
OA GROS8 Wine Bottlee, for sale by
A\J Feb 14_E. A G. D. HOPE.
South Carolina-Richland County.
W. W. Rife, applicant, vs. Thomas C. Rife et ol..
D?tendant?.-Petition for partition of Peal Es?
tate.
IT APPEARING to nv satisfaction that S. L.
Chamblie, Mrs. M. E. Martin and S. B.Chaney,
Defendants, resido without this State: it is, there?
fore, Ordered, That they do appear and object to
the division or salo of tho real estate of Jacob
Rife, deceased, on or beforo tho 5th day of July,
A. D. 18G9, or their consent to tho same will be
entered of record. WILLIAM H. WIGG,
May ll tufl7 Judge of Probate.
In Bankruptcy.
In tho District Court of the United States for the
District of Sonth Carolina.
At Columbia, the 13th day of May, A. J). 1?G9.
THE undersigned herebv gives notice of his ap?
pointment as Assignee of C. W. RAWLINSON,
of Columbia, County of Richland, and Stato of
South Carolina, within tho said District, who has
been adjudged a Bankrupt, upon his own petition,
by tho District Hourt of the said District.
May 14 f3_?HOR^. JMMOTTE, Assignee.
In Bankruptcy.
In tho District Court of tho United States for tho
District of South Carolina.
At Columbia, the 13th day of May, A. J). 18G9.
THE undersigned hereby gives notice of his ap?
pointment aa Assigns of R. C. MILES,
of Columbia, County of Richland, and Stato of
Sonth Carolina, within tho said District, who has
been adjndgod a Bankrupt, upon his own petition,
by the District Court of tho said District
May 14 f3 THOS. J. LAMOTTE. Assignee.
In Bankruptcy.
In tho District Court of the Unitod States for tho
District of South Carolina.
At Columbia, the 13ih day of May, A. D. 18G9.
THE nnderaignod hereby gives notiio of his ap?
pointment as Aaaigneo of WM. SHIVER,
of Columbia, County of Richland, and State of
South Carolina, within tho said District, who has
heon adjudged a Bankrupt, upon his own petition,
nv tho District Court of the said Dietrict.
May li f3 THOS. J. LAMOTTE, Assignee.
I Another Lnrilcrou* nutt Exciting Scene In
i tHe Council Chnmbcr-Tlic PlllsUnrylte? j
nt Loggerheads.
The Charleston News gives tho following
report of the proceedings of Council at the
regular meeting held on Tuesday night last:
. Tho resolution of Alderman Barrow, the
unfinished business of last meeting, to gives
tho appointment of tho standing commit?
tees to tho City Council, was talton up.
The Mayor stated ihat at tho previous
moct'mg he had ruled that it required a
throe-fourths vote to rescind the resolution
whereby tho rules of tho Council had been j
adopted. An appeal was taken from his de?
cision, and the Chair wns not sustained. I
Subsequently, the resolution was pct upon
ita passage, the voto standing 10 to 7, when
the Chair asked for time to take legal ad?
vice, which was granted. Mr. C. O. Bowen,
the legrl advisor appointed by Council, had
beon consulted, and his opinion was as fol?
lows: "Under the rule by which we aro go?
verned, it requires n three-fourths vote to
adopt this resolution. Threo-fourths not
having voted in the affirmative, the resolu?
tion is lost."
Tho Mayor said: In accordance and with
this advice, I declare tho resolution lost, it
not having received the requisite majority.
Alderman T. J. Mackey asked whether
this was the advice of the City Attorney
pro tem.
The Mayor-It is his advice, in his own
hand-writing.
E. P. Wall (colored) then offered tho fol?
lowing resolution:
Resolved, That the resolution passed at
the meeting of Council on tho 7th instant,
whereby tho rules of tho former Council
were adopted until otherwise ordered, bc,
and tho same is hereby, rescinded, and thc
rules of tho former Council be adopted as
the rules of this Council, with thc follow?
ing modifications:
Twelfth rule to be amended by striking
out tho words, "tho following stauding com?
mittees shall be appointed by thc Mayor,"
and inserting in lien thereof the words,
"the following standing committees shall be
elected by Council by a majority of votes
aotually given."
Seventeenth rulo to ho amended bj
striking ont the words, "Legislature in this
State," and inserting, "Houso of Repre?
sentatives of tho United States."
Nineteenth role to read as follows: "Anj
of tho foregoing rules may be suspended,
modified or rescinded, at any mooting, by t
majority of votes actually given."
Alderman E. W. M. Mackey moved tht
adoption of tho resolution.
Alderman Collins-Before tho adoptioi
of that rule which is meant to wipe away al
ono blow the authority of tho Mayor, ant:
thus make him the tool of an irresponsible
clique, I wish it to bo recorded that I fo
one object to any such proceeding.
E. P. Wall (colored)-I certainly call tin
gentleman to order. I shall write down tin
objectionable words.
The Mayor-I hope no personalities wil
be indulged in this evening.
Alderman Collins-I don't think I havi
been personal. When I said "irrospousibl
clique," I morely meant to show that it wai
those who voled against the Mayor before
who were moving these resolutions, and
will prove it.
E. P. Wall (colored) insisted that Alder
man Collins should take his seat and uwai
the decision of the Chair.
Alderman Collins still remained on hi:
feet.
Aldermau E. W. M. Mackey rose to
point of order, and said, that when an Al
dorman was called to order and a membe
wished to submit the point in writing, th
one called to order must take his scat an
remain seated until the question we.s passe
upon.
Alderman Collins then sat down, and th
Mayor decided that the term used was a
improper one, aud hoped that snch term
or epithets would not again be used.
Alderman Collius-I accept the point c
order, knowing that it will take a thrc(
fourths vote to pass tho resolution.
Alderman E. W. M. Mackey called th
previous question on the adoption of Wall
resolution. The call was sustained by
voto of 9 to 6: the qnestion was then pul
and resulted: Yeas 10, nays G, viz: Aldei
men Geddings, Potter, Cunningham, Holli
way, (colored,) Collius, and McKinlay, (co
ored.)
Throe-fourths not having voled in the a
fir (native, the resolution was lost.
Alderman E. W. M. Mackey askt
whether it was decided thnt a three-fourtl
vote was requisite for rescinding the rosoli
tion passed on May 7.
E. P. Wall (colored) read the resolutio
of May 7.
Alderman E. W. M. Mackey said that tl
resolution offered by Alderman Wall di
not propose to rescind tho rules, but simpl
to rescind the resolution adopted on May
Alderman Collins-I deny that tho res
lutiou read by Alderman Wall is a true COT
of the resolution passed on May 7, wine
WAS passed by a unanimous vote, and ni
by a clique.
Alderman E. W. M. Mackoy oalled Collii
to order, and objected to the use of the wot
"clique."
E. P. Wall, (colored)-If tho Alderme
denies that this is n trno copy, I dosiro hi
to produco a true copy.
Alderman Collins (who hnd remained
standing) iuquired: Who wrote that copy? j
E.P. Wall, (colored)-No matter who
wrote it.
Alderman E. W. M. Mackey called for the
reading of thc resolution.
The Mayor-The resolution has been re?
jected. I decido that the rescinding of that
resolution virtually rescinds tho rules.
Alderman T. J. Mackey-I appeal from
tho decision of the Choir.
Thc Mayor-I am instructed by n dis?
tinguished parliamentarian that the resolu?
tion cannot bo entertained and carried but
by a three-fourths vote.
E. P. Wall (colored) said that Council
needed some edification, and asked the
Mayor to inform Council whether that body
did not reserve the right to rescind tho reso?
lution of May 7, when it said that tho rules
of tho old Council were adopted until other?
wise ordered.
Alderman Cunningham-We have the
right to alter by a threo-fourth-j vote.
The Mayor-The resolution is not boforo
Council, but I will entertain it.
W. J. McKinlay (colored) said it was his
opinion that the resolution would not effect
tho purposes intended. The resolution of
May 7 had effected its purpose in adopting
the rules of the old Council, and to rescind
it would avail nothing. It seemed to him
that the mles could only bo altered or
amended by a three-fourths vote.
Tho Mayor-There is no subject before
the meeting.
Alderman Barrow said that at tho pro
vious meeting ho had offered a r?solution
which the Mayor said could not pass with?
out three readings. Tho resolution had
then its first and second readings, and he
now called it up for the third and final read
iug.
Thc Mayor-Tho Cl air has decided tb(
resolution lost.
Aldermen T. J. Mackey said ho under
stood Alderman Barrow to make tho pom1
that tho resolution had its first reading ai
tho last meeting. Tho restrictions of th<
nineteenth rule are, that "none of tho fore
going rules shall be rescinded or otherwis?
altered, uor ney new rule adopted, at on<
and tho same meeting, unless it bo by a ma
jority of three fourths of the members prc
sent. " The resolution having had its firs
reading at the last meeting, that rcstriotivi
clause of role li) would not bar it at thi
mooting.
Alderman Collius-I deny that tho reso
Int ion referred to was ever offered by an^
gentleman representing Ward 3. No gen
tlemnn is representing Ward 3. Mr. Bar
row is living in Ward G.
The Mayor called tho Alderman to order
Alderman Collins (still standing)-Mr
Mayor, there is a law. Hero tho Mayo
again called him to order, and ho took hi
seat.
E. P. Wall (colored)-Mr. Mayor, yoi
have decided that tho resolution offered b;
mo was lost, not having a majority of throe
fourths. I differ from you, aud appen
from that decision. The rules wero ont
adopted temporarily. That is my uudct
standing.
The Mayor-The rules are so plain tba
tho Chair does not deem it necessary to en
tertaiu the appeal. Tho rules govern us am
cannot bo altered in accordance with thei
provisions.
E. P. Wall, (colored)-Well, your Honor
the Council are responsible for their actions
We all feel au equitl responsibility, and ar
willing iu the exercise of our duty to reliev
you of considerable delicacy, aud assnm
for ourselves tho responsibility of our viow
and actions as citizens. If Council over-rul
your decision, yon are acquitted.
The Mayor-I would state to the gentle
man that I shall enstain the mles we hav
adopted for the government of this body a
nil hazards. The rule is so plain that atv
wayfaring mau can understand it, and
shall not entertain any further appeal oi
the subject.
Alderman Barrow-I call for the readinj
of my resolution by the clerk.
The Mayor -It has been alroady acte
upon and doolarod lost.
Alderman Barrow-I call for it under th
nineteenth mle.
Alderman E. W. M. Mackey said it ha
been ruled that the Barrow resolution mm
lie over, unless called for by throe-fourth
of the members. Throe-fourths did not ca
for it, aud it lay ovor to this meeting.
The motion to adjourn was put, und si
voted aye. Tho rosult was not announced
when Alderman E. W. M. Mackey aske
for the construction of the nineteenth rub
and whether tho Chair dec: hid that tb
rules could at no time bo altered or rescim
cd except by a three-fourths vote.
The Mayor-My opinion is, that at n
time, and under no circumstances, can tb
rules be rescinded or altered, except by
three-fourths vote.
Tho Mayor again explained that tho vot
was taken and not declared, legal advit
was taken, Council app. ;nted n legal at
viser, and by his decision the resolution wt
lost.
Alderman T. J. Mackey contonded the
although tho resolution could not pass,
had its first reading, and could bo adopte
it the second meeting. It is perfectly clot
that your decision and that of the City A
korney w&g, that it conld not pass at tl:
last mooting except by a three-fonrths vot
but it is competent to poss at this meetini
Alderman Potior-I move we adjourn.
Alderman Barrow-I hopo not. I hopo
that mode of doing business will be stopped.
Tho Alderman was called to order.
W. J. McKinlay (colored) roso to a point
of order, and said that tho Mayor had only
decided tho affirmativo vote on tho motion
to adjourn.
Tho question was again put, and tho
motion lost. Yens G, nays 10.
? Alderman E. W. M. Mackey offered tho
following:
Unsolved, That tho matter of tho adoption
of the resolution to rescind the resolution
of May 7, bo referred to the City Attorney,
to givo his written opinion ns to whether a
three-fourths voto is necessary for the re?
scinding of tho resolution whereby the rules
of a former Council were adopted tempora?
rily as the rules for tho government of this
body.
Alderman Potter said that had been dis?
posed of already.
The Mayor-I have deoided that ques?
tion; but if Council wish to have the opi?
nion of the City Attorney, it is right and
proper they should have it.
Alderman Collins-Before pntting that
resolution I desire to say that I do not see
a parti?le of difference between that and
any of the other resolutions offered on thc
same subject. The Attorney has already
said that it requires a three-fourths vote,
and I do not see how any ono can get in a
resolution that will rescind that. I don't
see how you can put such a resolution. It
looks like whipping the devil ronnd stump.
The question was then taken and tho reso
lntion declared adopted. Yeas 10, nays G.
Alderman E. W. M. Mackey gavo notice
that at tho next meeting ho would call iq
the resolution of Alderman Wall.
Alderman T. J. Mackey-Aud tho r?solu
Mon relative to rescinding tho resolution oi
May 7.
Alderman Cunningham-As I understand
it, this question has already been deoided
Unless we get a three-fourths vote the rule!
cannot be altered. That is very plain.
E. P. Wall (colored) insisted that his reso
lut ion had had one reading, and ho woulc
call it up at the next meeting.
Alderman T. J. Mackey said they onb
wanted the resolution to have a first read
ing. They did not propose to pass it thii
evening, which would require a throe-fourth
voto.
Alderman Collins-It requires three
fourths before it can re?oive a reading.
Alderman T. J. Mackey-Beforo it ca:
pass.
Alderman Collins-Tho resolution ha^ al
ready been lost.
Alderman T. J. Mackey-I insist upoi
my privileges as a member of this Council
I insist that tho resolution receive its firs
reading.
Alderman Cunningham-I insist that thi
thing has been disposed of. Thero is n
way,of getting over it. What aro th3 othc
party driving at?
The Mayor-The Chair decides that th
resolution has been put and lost.
Alderman Cunningham offered tho fo
lowing:
Resolved, That a committee bo appointe
by the Mayor to inquire and determine i
all, and what members of Council aro ent
tied to their seats.
Alderman T. J. Mackey-I move to amen
tho resolution by striking out the wor
"appointed," and inserting tho wort
"elected by Council."
E. P. Wall (colored) said ho was a mom
bur of tho board to which the suggestioi
on this very subject were submitted, an
who were required by law to compare an
examino tho right and litio of the claimanl
of seats as Mayor and Aldermen. The Li
gislnture and tho courts decided against th
decision of that board, and it was strang
that this question should como up to try
over again. It was an extraordinary pr?
ceeding.
Alderman E. W. M. Mackey moved to lu
tho wholo matter on the table, which wi
agreed to. Yeas 10, nays G.
Aldorman E. W. M. Mackey offerod til
following, which was adopted:
Resolved, That when this Council a(
journs, it adjourns to meet to-morro
evening, tho l'Jth instant, at 8 o'clock.
Alderman E. W. M. Mackey said 1
wished to introduce an ordinance to declai
vacant certain offices, and to have it roceii
its first reading.
Alderman Potter-I object.
Alderman E. W. M. Mackey-The obje
connot bo defeated by objecting.
Alderman T. J. Mackeyaaid tho ordinan?
could receive two readings under rule 9, ai:
the ordinance was read the first tim
Alderman T. J. Mackey then requested thi
it be read a second time.
Alderman Geddings-I am so hoarse thi
I cannot say much, and it docs not need I
say much.. Tho request of tho Aldorman
a legitimate request. Custom hos decid?
that the discussion on tho merits of a bi
shall bo had on tho socond reading, and
l opo that no mover of a bill will take u
duo advantage of other persons to doman
that the second reading shnll be had t
night, when we aro not prepared for th
discussion. The bill involves impo.tai
considerations, and we need tiino to ex
mino it and preparo for debato upon i
merits or demerits. I am not prepared fi
discussion or a vote to-night, nor do I b
lievc that the majority of Council are.
Alderman T. J. Mackey insisted on tho
second reading, and it was so orderod-yeas
10; nays 6.
i Alderman Geddings said thai the ma
I jori ty had evidently made up their minds,
i and thoir votes could not bo changed by
; any discussion. Ho said: I think tho object
of that is to spring a trap.
Alderman T. J. Mackey called tho gentle?
man to order. Snch nn impeachment of
the motivos of members was out of order.
Alderman Geddings said that tho majority
wero pressing the bill too far. There was
no sense in such action. Some of tho mem?
bers do seek for truth. He had como for
tho common good, and conld not understand
all this haste. It was neither courteous nor
proper.
When the Mayor deoided the langnago
out of order, he said ho hoped that such
expressions would be avoided.
Alderman Collins-I think tho expression
of the trap is very appropriate. There is a
sheriff present, and some of his Aldermen
deserve to be caught in that trap.
Alderman T. J. Mackey (to tho Mayor)
If you don't call your dog off he will be
punished.
The Mayor rapped for order.
The ordinance was then read a second
time, and considered as a whole.
On motion of Alderman T. J. Mackey,
Seotion 3 was amended by inserting
"Wednesday, May 26," instead of "Tues?
day, May 25."
Tho ordinance, as amended, thon passed
its second reading.
Alderman E. W. M. Maokoy introduced
the following resolution:
Resolved, That the resolntion passed at
the meeting of Council on the 7th instant,
whereby the rules of the former Council
wero adopted until otherwise ordered, be,
and the same is hereby, rescinded.
Alderman Cunningham roso to a point of
order, and said that question had already
been disposed of.
Alderman Collins also called tho Alder?
man to order.
Alderman E. W. M. Mackey said he had
not read bis resolution, and tho Alderman
(Collins) did not know what he was talking
about.
Alderman Collius-I don't believe ho
knows what he is doing himself.
Tho resolution was read, and Alderman
Cunningham again rose to question of order.
Tho Mayor-Tho resolution having al?
ready been offered, has been decided, but if
tho Council wish to have it before them,
they can do so.
Alderman T. J. Mackey-That is, it is
simply given as a notice. It is not a bill or
an ordinance, but a resolution; and if it
cannot bo doue this way, it cannot be done
at all. We want it read the first and second
time to-night.
After some discussion, tho Mayor again
said that ho would adhere to the three
fourths mle.
Alderman T. J. Mackey-I appeal from
that decision.
Thc Mayor-No appeal need be taken. I
will entertain no appeal.
Alderman T. J. Maokey-Then it is tho
one-man power. 1 claim that it is a breach
of privilege.
Alderman E. W. M. Mackey moved that
as the Hon. C. C. Bowen, the City Attor?
ney, was then present, he bo requested to
give his vorbal opinion as to whether the
Couucil could rescind the resolution of May
7 by a mujority vote.
This woM agreed to, and Mr. Bowen said
that ho had not the slightest doubt that the
majority could do so. He thought there
was not a lawyer in tho city that wonld not
give tho samo opinion. The resolution was
that tho rules be adopted for the govern?
ment of Council until otherwise ordered.
Alderman E. W. M. Mackey again offered
his resolution rescinding the resolntion of
May 7.
Alderman Cunningham said this had been
disposed of.
Alderman T. J. Mackey-This is a totally
different resolution.
Tho resolution was then put. Yeas 10;
nays 5.
The Mayor declared that three-fourths not
having voted nye, the resolution was lost.
Alderman T. J. Mackey appealed from tho
decision, and tho Mayor said that no appeal
could bo taken.
Alderman E. W. M. Mackey said that
Council could appeal at any time, unies tho
Mayor intended to mako a new parliamen?
tary law.
The Mayor-I intend to entorce thc rules
nn til changed by a three-fourths ?ute. I
took tho opinion of tho City Attorney for
what it is worth.
Alderman T. J. Mackey-I desire to ask
whether Council has any rights at all, or
symply subject to your will?
Alderman Potter moved an adjournment,
which was lost.
Alderman T. J. Mackey offered tho fol?
lowing resolution:
Resolved, That tho standing committees
be, and tho same aro hereby, discharged.
Alderman T. J. Maokey (to U. o Mayor
sollo] voce)-You had better consult with
your friend about that. (Referring to Maj.
Corbin, who sat on the left of the Mayor.)
Alderman Collins called the Alderman to
order for insulting tho Mayor. Ho said it
was assorted in the papors i hat ho had been
opposed to Bowen as solicitor pro lem. He
would say