The daily phoenix. (Columbia, S.C.) 1865-1878, April 21, 1870, Image 2
COLUMBIA, S. C.
_- . _-_
ThursaVy ?praing, April 21,1870.
Tlie Reviewer Reviewed-The Preta
Conference--Noa. 3 and *.
Ia article No. 8, the author of the re?
view objects to our admission of political
rights to the colored mau, because, as
he bolds, social equality flows therefrom.
We do not assent to this proposition.
That the tendency may exist, we do not
deny. But wo hold timt social equality
does not necessarily follow. In all coun?
tries and amongst all olasaoB, it is taste
that regulates Bocini equality and indi?
vidual association; We acknowledge
that whites nnd blacks stand alike before
the august tribunal of Goa. The white
man nnd tho colored man may commune
together, and aide by Bide engage in re?
ligious rites, and yet, with perfect con?
sistency a|id in Christian charity, after
leaving tho church, each seeks those hu?
man associations that uro mutually agree?
able. So .may white uud black stand
equal before colin try, side by side vote,
side by side legislate, and still it does
not follow, no moro in a political than
iu a religious way, that , social equality
must : follow . from- political and legal
equality;
God, in his providence, made men of
different races. ' Tho white man and the
negro afe?bf different races. Let each
preservo tho integrity of his race. We
aro altvaja gratified to: find a man tena?
cious'.at>.nia ;r?oeJ ' We heard. Senator
Be)yeily,Na8K; S?y .o?ce-or saw that he
once wrote-^^that ho was proud of the
blood of tho negro that flowed in his
veins-that it was dearer to him than all
the blood of all the Howards." We ad?
mired tn?s in Nash. Let him entertain
the sentiment. It will make him better
nnd purer because of his faith. And in
ibis, he irises head and shoulders above
Mosers. /Balney and Wimbush, brother
Senators."'who, according to Representa?
tive Jones, are ^'colored folks," in South
Carolina, but Spaniards in Washington
liainey and Wimbush here-but there,
.UDon Rodrig?" and "Bon Alplionso."
And let the white man also be proud of
his white blood. Let him never forget
his race. Let each be what God made him,
and become what he can make himself.
It is tho rivalry of races and the pride of
nationalities that make up tho incentives
to human rivalry. In the aggregate, the
progress of humanity is accelerated, and
the ways of God are vindicated to mau. ,
It is thus that we auswer tho reviewer
of the press resolutions, in his third pro?
position.
, In article No. 1, the reviewer of the
press conference resolutions asks what
is meant by subjecting the right of the
colored man to office to tho test of "per?
sonal qualification and fitness." This
We take it, is easily answered. It means
that if we freely admit that wo must no
longer deny the claims of tho colored
. mau to office because of his color, then,
also, we must insist that because of his
color, he is not to bc exempt from the
usual teats of "personal qualification and
fitness." This is but fair. If thero bc
few colored men qualified to bold office,
thou they shonld not bo elevated to of?
fices that they are not competent to fill.
If Mr. Justice Wright and Mr. Codifier
Whipper, os instanced by tho reviewer,
have been raised to positions for which
they are unfitted, this shows that in those
cases, at least, a premium was set upon
their color, but thero is involved no dis?
count upon tho fair compromise indicated
in the resolutions of tho conference.
A Democratic newspaper, published at
Concord, New Hampshire, and called
Thc People, takes a sensible view of the
proper attitude of thc national Democra?
cy towards the new voting element that
tho passage of the fifteenth amendment
has now, in every State, fixed iu tho body
politic. It says, some advocute tho or?
ganization of a "white man's party,"
pure and simple, based upon tho con?
troling idea of race; having upon its
bannei-B the motto inscribed, "This is a
white man's Government," and making
an unyielding opposition to nil participa?
tion, by the colored race, in Government
affairs. On tho other hand, it remarks,
that others hold that since negro suf
frago has become a "fixed fact," it be?
comes tho duty of tho Democracy lo
make special efforts to secure tho sup?
port of tue colored voters. Tho People
says it favors neither programme, and
remarks that it does not becomo the
Democratic party, if it would be true to
itself and its cause, to engage in a mere
scram bio for tho votes of any class of
men. It says, in conclusion:
"Wo must become neither a party of
narrow prejudices nor of flimsy exped?
ients, but remain a party of broad and
comprehensive principles Wc must
neither become a 'white titan's1 nor a 'black
man's party,' bul 7'cmain a 'party of thc
people,' striving not so much for mere
partisan triumph, as for the lasting ad?
vantage of tho nation. In short, wo
must go straight forward in the only true
A Resonuble View.
i ? ? M -?-J .? ? - .nil '-?li.?,
D?mooratio co n rno, resisting to the utmost
tho desperate efforts of radicalism to subju?
gate the masses of tho tc hoi? people, white
and black, to the tyranical pouw pf ** des?
potic central oligarchy, baaed opon t li o
foundation of a morned aristocracy, ap
pealing to the reason and intelligence of
all mep, and flattering tba vanity and
' courting the favor of none."
To Be Expected.
That tbo Charleston Republican would
seok to misrepresent and belittle every
anti-radical effort, is to be expected. It
is, of course, to the interest of "tho
organ" and of the officials of tho State,
and of the office-holders in general, that
tho present regime bo upheld. No ouo,
therefore, need bo surprised at its per?
sistent effort? to defeat tbo cause of tbo
people of tho State, who aro anxious for
such a govern men t as will protect rather
than feed upon tho State, and give' en?
couragement to tbe coming hither of
capital and sett.era. It is now doing nil
in its power to defeat tho purpose of tho
June Convention. But wo hope that its
efforts will but intensify the determina?
tion of the well-disposed people of tbo
State to mako this year in tbe coming
campaign a general,- concerted und ener?
getic effort, in whatever, form the Con?
vention skull decido, to givo to our State
aa honest aud economical and yet an en?
lightened and progressive government.
The Republican pretends to get aid and
comfort from an article of ours, but we
trust that it will yot see that our only
coDcern is bow tho weapon of our oppo?
sition shall best be pointed.
The Newberry U?ra^d well sny3 thnt
practical, scientific aud agricultural en?
lightenment is what our peoplo want
now.
STATISTICS OF THE CONFEDERATE ARMY.
A meeting of tbe Confederate Relief aud
Historical Society was held at Memphis,
on the30th ult., dov. Harris in the chair.
Dr. Avent read a communication on the
Confederate army, which contained the
following statistices: In 1861, 1,315 were
killed; 4,051 wounded; 2,772 prisoners.
In 1862, 18,582 killed; 68,659 wounded;
48,300 prisoners. In 1863, 11,876 killed;
51,313 wounded; 71,211 prisoners. In
1804-5, 22.000 killed; 70,000 wounded;
80,000 prisoners. Totals-killed 53,773;
wounded 191,020; prisoners 202,233.
If the deaths from disease bo added,
tho sum total will present tho entire loss.
The returns of tho field and general hos?
pitals aro known for 1861-62, and if it
bo fair to assume that the total mortality
of 1863 and 1861 was fully equal to that
of 1802, then Ibe total of deaths in the
(Jonfederato army iu 1861-05 was at
least 1(30,000, exclusive of the deaths in
tho Northern prisons, which would swell
tho number to near 135,000; and if the
dr-alhs among tho discharged for wounds
and disease, and among the sick and
wounded on furlough, be added, the
grand total of deaths iu the Confederate
army, during the entire war, did not full
far short of 200,000. According to this
calculation, tho deaths from disenso were
about three times as numerous as those
resulting from the casualties of buttle.
Tbe available Confederate force capa?
ble of active service did not, during tho
entire war, exceed 600,000 men. Of this
number, uot more than 100,000 were en?
rolled at any one time; and the Confede?
rate Slides never had in the field more
than 200,000 mon capable of bearing
anns, at any ono time, exclusive of sick,
wounded and disabled.
The other business transacted ut this
meeting, was thc introduction by Gen.
Pillow of an amendment to the constitu?
tion, reported as follows:
Any Confederate soldier maj' bo eli?
gible to membership in the assoc:ation,
when his record ns a soldier is binnacles-.
Provided that whore tho applicant left
thc service before tho end of the war, ho
ahull have been honorably discharged,
and after leaving, his conduct must have
been such as to leave no doubt of bis
continued devotion to the Confederate
cause until the end of the war.
AN EXHAUSTIVE AND BLOODY SPEECH.
Morton, of Indiana, is tbe meanest aad
most malignent of all tho Radical leaders,
Sumner and Butler not accepted. A
Washington letter thus speaks of bis late
effort on the Georgia bill :
Senator Morton got the floor to-day,
at the expiration of tho morning hour,
for a speech on a Georgia bill. His ad?
dress was at once exhaustive aud ex?
hausting. Ho exhausted tho reservoir of
Radical slanders and fulshoods ; becuinc
physically exhausted himself, and ex?
hausted tho patience of his listeners.
Ho raved of murders, tho murders of
loyal mon ; bo wanted protection for
carpet-bangers ; ho smelt blood, saw
blood, felt blood, dabbled in blood,
waded in blood, and it was all tho blood
of loyal men.
WHAT WILL Yoe Do WITH YOUR PO?
LAND ?-"I remember, when our army
started from Washington on the Bull
linn campaign, that Mr. Win. H. Russell
of tboLoudou Times wrote to mo a letter,
whereof tho sting was thia question,
'What will you do with your Poland
after you have conquered it ?' The
answer that rose to my mind was, 'I
trust that wc shall libcrato our Poles.' "
From Horace Greeley's Fifteenth Amend?
ment speech.
A .Fifi.-shire mau recently took his child
to the ininistor to bo baptized, who asked
lum: "Aro yon prepared for so impor?
tant and solemn an occasion?" "Pre?
pared I" ho echoed, somewhat indignant?
ly ; "I bao a firlot o' bannocks bakiu'
twa bnmo, an* a gallon o' the best Hic
land whisky, an' I wad jiwt Uko to ken
what better preparation yo could expeok
frac a man iu my condition of life ?"
Tit? PrtM Conference-?iccrptirig (he Bil?
li allon- No, \
Bat are we prepared to accept all that
follows from the political equality of tho
races? After admitting political rights,
can wo deny social? or may they ba se?
parated? ':
We know that it is customary to speak
of them as Separate and distioot, but in
praotice aro they so? Have we not heard
of the rival claims of the wives of Sena?
tors at Washington to be considered
"tho first lady of tho land?" And do
they rest their claims upon their respect?
ive beauty, culture or refinement, or is
it not by virtuo of tho positions of their
husbands or fathers that they consider
themselves entitled? Do we not now
read of the "court etiquette" which re?
quires the President to hand in to din?
ner the wife of the senior Senator pres?
ent, nud that that Senator must take in
Mrs. Graut? Is it permitted to Senators
nt Washington to cull upon those below
them in rank?
lu tao court io Europa aro tho rules of
distinction more strictly defined or rigid?
ly enforced tbnn in th?Republican court
at Washington. In Europe these dis?
tinctions aro marked by birth nud class,
and somewhat by political station, iu
America they depend upou political sta?
tion alone.
But without going so far us Washing?
ton, what do wo beor of in our own little
Radical court at Columbia? We are told
that not even a surprise party eau hap?
pen ut the gubernatorial residence with?
out tbe fullest explanation to tho colored
officials of the accident that brought
about a social gathering in which none
of the ruling color were present. This
social equality may bo to Governor
Scott's tastes, but will it be to tho taste;
of tho Governor whom tho white people
aro to elect with tho aid of tho negroes?
If it bo, then alas! our fears that social
equality must follow political, are nol
groundless. But if, on the other hand,
it bo not to his tastes, and bo refuses tc
receive into his household the wives and
families of his brother officials, how loup
will the party of purity stand the dis?
sensions that thia matter of taste will
produce?
But will tho Legislature thus elected
by the fusion of all classes, permit thc
social equality act to remain upon th?
Statute Book? And if repealed, hon
long will tho party that repeals itremuic
iu pawer?
For all his aspirations wo do uot blame
tho negro. It is most natural that whet
ho has the power, he should desire thai
which ho has always observed as ils nc
compauimcut - social position. More
ovtr, it is a necessity to him who liai
raised himself above bis race, that lu
should aspire to a higher association that
it can a fiord. But we cannot consent tc
a social mixture of races on account o
tho few who have raised themselves abovi
their own. Thero ia uo dividing lim
between social equality and mi ace gena
tion.
But are wo gravely to discuss tho pro
priety of a social mixture of races? Dil
the press conference propose to do so
And yet they have raised questions whicl
can ouly be answered by a solution o
that problem.
[NOTE.-Since these articles havebcei
in press tho following paragraph hus ap
peared in the News: "Mr. Thornton, th
British Minister, has called upon Mi
Bevels, aud the latter is the recipient o
numerous invitations to dinners and pri
vate parties, lld is invited to dino wit
Mr. and Mrs. Fish. Report says Mi
Sumner has prevailed on Mr. Revels t
spend the summer in Boston.")
No. 4.
But the press conference, while admil
ting the absolute right of all citizen:
white, black and yellow, to suffrage, sui
ject tho right to oilico "to personal qua
ideation and fitness;" what is meant b
this personal qualification aud fitness?
Is it proposed to put the two races al
solutely ou thc same footing iu thia r<
spect? Is it intended that the colore
man shall ouly hold office when he po:
sesscs the requisites expected of tb
white? Will an ordinary education b
necessary? Will even tho ability to rea
and write correctly be required? Coul
wo bo assured that these simple requin
ments would bc insisted upon, woshoul
put this paper in tho fire, and wait tb
issue of the experiment with coufidenc
that it would result iu tho supremacy c
the white ruce.
But had Mr. Justice Wright been
white man, who that was in that confe
once imagines that he would ever hav
attained tho position be now bolds? W
read some weeks since bis published b
ography, and, as far ns wo recollect, tb
remarkable man of his race is abot
thirty-three years of ugo. Wo learn tin
ho was refused in 18G5 an examinatio
by tho Committeo of Legal Examine;
iu his County in Pennsylvania, and wi
only admitted in 18615, under tho Civ
Bights Act. At the most then he ha
been nominally n lawyer for four yeai
before his election. Most, if not all <
that timo, ho lins been, wo believe, i
this Stale, but we havo never heard <
his having been engaged in any caso b
foro tho court in which ho uow sits; nc
iudeed in any other court. Now, su]
poso a white man, under theso circun
stances, had aspired to his positioi
would it not havo been considered al
su rd?
But perhaps Mr. Justice Wright's ii
stauco will bc considered an exception
ono. What thon about Mr. Whippc
the loader of tho Mouse and ono of tl
codifiers of our law ? Whether M
Whipper has sinco learned better, v
have hud no opportunity of ascertainiui
but wo know tbat three years ago 1
could neither speak nor write correctl;
Wo havo taken the instances of the!
two men, because without question thc
aro tho representatives of their raco i
this State. Now, wo ask aro their pc
sonni qualification nnd fitness such i
will satisfy tho requirements of tho pre
conference's aecond resolution? Wei
these mon white, would tho press coi
ference have considered thom fit, we wi
'noff?lc^oT-tb^lib?RIdW'IU^ta'd^ hold,
bat for.'tbat of tue most ordinary mem?
bers of tbe Legislature? Honestly, we
ask, will uoLthis res?d.otiou.ifLit means
anything, cloie tho doors of ;dfAce to all
but the white THOU in t bia Stile?
-ts * ? ? JI-h fl \
Ltltt-r from Brr? Chane. If! \
WASHINGTON, March 30, 1870.
GENTLEMENI Accept my thanks for Ino
invitation you have tendered rae, in be?
half of tho colored peoplo of Cincinnati,
to attend their celebration of tho ratifica?
tion of tho fifteenth amendment. My
duties hore will not permit me tobe
present, except by good will and good
wishes.
Almost u quarter of a century has
passed since some of you, probably,
i.enrd mo declare, on tho Otb of May,
1815, in an assembly composed obiefly of
tho people whom you now represent, that
all legal distinctions between individuals
of tho same community founded on any
such circumstances ns color, origin, and
tho like, are hostile to tho genius of our
institutions, and incompatible with the
true theory of American liberty; "that
true democracy makes no inquiry about
the color of the skin, or the place of na?
tivity, or any other similar circumstance
of condition; and that the exclusion of
the colored peoplo ns a body from tho
elective franchise is incompatible with
true democratic principles."
I congratulate you on tho fact tbnt
theso principles, not then avowed by ute
for the first time, nor ever since aban?
doned or compromised, have been at
length incorporated iuto tho Constitu?
tion and made part of tho supreme law
of tho land.
Many, no doubt, would have been glad,
as I Hhould have been, if tho great work
consummated by the ratification of tho
fifteenth amendment could have been ac?
complished by the States through amend?
ments of State Constitutions and through
appropriate Stato legislation; but the de?
lays and uncertainties, prejudical to every
interest, inseparable from that mode of
proceeding seemed to necessitato the
course actually adopted. Nor does the
amendment impair thc real rights of any
State. It leaves tho wholo regulation of
suffrage to tho wholo peoplo of each
State, subject only to the fundamental
law, that tho right of no citizen to vote
shall bo denied or abridged on account
of color, race, or previous condition of
servitude. It is to be hoped that each
Stato will so conform its constitution and
laws to this fundamental law that no oc?
casion may bo given to legislation by
Congress.
But tho best vindication of tho wisdom
as well us justice of the amondmeut must
be found iu the conduct of that large
class of citizens whom you represent.
On tho occasion to whioh I have referred,
I ventured to say that "the best way to
insure the peaceful dwelling together of
the different races is the cordial recipro?
cation of beuet?ts, not tho mutual inflic?
tion of injuries;" and I cannot now give
you better counsel thau I offered then;
"Go forward, having perfect faith in
your manhood aud in God's providence,
adding to your faith virtue, and to vir?
tue, knowledge; and to knowledge, pa?
tience; and to patience, temperance; and
to temperance, brotherly kindness; aud
to brotherly kindness, charity."
Why not signalize your rejoicing in
the rights secured nuder the fifteenth
amendment, by urging upon Congress
tho prompt removal of all political dis?
abilities imposed upon our fellow-citizens
by the fourteenth amendment? so that,
through universal suffrage and universal
amnesty, peace, good will and prosperity
may be established throughout our
country.
Every good man mnst rejoice iu the
progress which tho colored citizens of
tho United Statos have made in educa?
tion, iu religious culture, and in the
general improvement of their condition.
Every good man must earnestly desi ru
their continued and accelerated progress
in tho same direction. All public and all
I private interests will bo promoted by it,
and it will insure, at no distant day, cor
: dial recognition of their rights even
i from those of their fellow-citizens who
have most earnestly opposed them.
No man eau now be found who wonld
restore slavery; a few years hence, if tho
colored men aro wise, it will be impossi
I bio to find a mau who will avow himself
i in favor of denying or abridging their
' right to vote. Very respectfully yours,
S. P. CHASE.
Messrs. PETER H. CLARKE, ?fee, Com?
mittee.
ON THE STJRJECT OFVOTINO.-"A bill,"
says the Washington correspondent of
the Baltimore Gazelle, "is now pending
in tho House, which shows conclusively
i tho design to placo tho wholo subject of
votiug under Congressional control. It
i is another stop in tho direction of cen?
tralized despotism. It provides that no
citizen of tho United States shall bo ro
quircd to write, print or placo his uamo
on any ballot, or to do anything whereby
tho identity or nama of any person cast?
ing the ballot may bo known; and, fur?
ther, makes tho printing or writing of a
voter's name on tho outside of tho bal?
lot punishable by a lino of ono thousand
I dollars aud ono month's imprisonment.
If Congress assumes power to enact such
a law as this, it may well be asked what
they cannot do in tho way of interfering
in State elections. In simple truth, wo
aro already living under au oligarchy of
unlimited power. Tho revolution is au
accomplished fact."
That Congress has transferred tho He
public that once was into an oligarchy of
unlimited power, is a fact that did not
need tho introduction of such a bill to
establish. Tho fact has been long since
most forcibly established.
Some ono eays that "tho solution of
tho question whother woman is equal to
man depends entirely upon who tho wo?
man is and who tho mau is." That's so.
"Tho politicians have thrown mo over?
board," said a disappointed politician,
"but I have strength enough to swim to
the otbor side."
Representation of minorities.
The declaration that the majority must
rule ia simply a way of practical work?
ing ol tho principio that the people go?
vern. As the peoplo aro not nil ol one
mind> there must'be nome; way of com?
ing tb a decision, and thin fulo that tbe
majority ahull decido ia the only one tbnt
has yet been tried, lint it does not menu
that the minority havo no rights in the
government. And it canuot be denied
that when a small majority assume nil
tho power? of government, and make |
laws in which a great population has no
voice because, it is in a small numerical
minority in the State, tho principio of
representative government and of a go?
vernment by tho consent of the governed
is but imperfectly carried out.
How to mako government a better re?
presentative of tho people, and how to
raise minorities from their present state
of political annihilation, and give them
a vcico in proportion to their numbers,
is a question which has drawn tho at?
tention of many thoughtful minds of
late. Its desirability is generally con?
ceded, but the iden has not become so
popular as it natu rally might be, because
of the general notion that it cannot be
mado practicable. A plan to put this
principle in practico in thc Stato of Illi?
nois, in tho election of tho Geuerai As?
sembly, has been presented by the Com?
mittee on Electoral nnd Representative
Reform, of which Mr. Medill is chair?
man. In brief, the plan is that repre?
sentatives and senators shall be electo;!
by districts, each district to choose three,
aud each voter to have the right to cast
a vote for each, or to cast three votes for
ouo, ns ho may choose.
In this way tho minority, by concen?
trating their votes on one candidate, may
Keciiro ono of the three representatives
of tho diatrist, if their numbers are large
enough to entitle them to one. Time
thc minority will be able to secure a fair
representation, tho principles of repre?
sentative government will be better pul
in practice, and still the political neces?
sity that tho majority shall rule will be
provided for. And wo may remark thal
this plan will enlarge tho privilege of al
voters by allowing them more latitude o'
choice in tho caudidates, aud thus will,
iu a considerable degree, givo them ?
recourse against bad nominations ani
corrupt rings.
Tho American practice of revising tin
State constitutions periodically will make
it practicable to introduce this mode o
representation iuto tho State govern
ments, if it shnll be found to work well
and from thence into the Presidenten
election. The principle is ouo that com
mends itself to all, and tho plan seem:
simple and fair; therefore wo hopo tin
Stato of Illinois will tako this opportu
nity of constitutional revision to estub
lish this system of "totslity representa
tion and an unrestricted ballot," as it i
denominated in tho report.
[Cincinnati Gazette.
General Grant anti General Armies!}
The telegram informs ua fhat Genem
Grant has determined to withhold hi
general amnesty from all offences dnrin
the war, on account of reported distnrt
ancos in tho South. This conclusio
does not speak well for tho logical jus
tice of the President, oveu if tho cooker,
up stories of Southern outrages, fu
which thero is so largo a demand i
Washington city, had any foundation i
fact. That a whole people, embraciu
nt lenst ninety-nine out of a hundred <
the Southern population, should be pur
ished on accouut of the violeuces nn
outrages of a few, does not appear to i
to accord with a Christian spirit, or th)
magnanimous sense of justice which ai
expected from tho chief of a great Ri
public. Then, too, the question migl
well arise, whether these outrages con
plained of aro not tho legitimate reaul
of tho very policy of disfruucbisomei
which has produced so many other evi
and hostile and bitter feelings among
certain class of rude and excitable pe
plc. We can well imagine how the sen:
of their exclusion from tho protection >
tho law, their virtual ostracism from p
htical rights, would provoko a geuer
contempt for tho authorities as well
for the law which unjustly punishes ac
degrades them.
Thero never was a greater error
statesmanship, and one moro utterly
war with tho spirit of our iustituttoi
and of tho age, than this policy adopt*
by tho radicals nt tho close of tho wa
and continued down to the present da
of excluding n largo and tho most i nil
cntial and intelligent portion of tho pe
plo of a great section of the Union fro
political rights without a trial or convi
tiou. Thia must ever stand forth fro
our history as a conspicuous exeepth
and anomaly in our political aud jur
prudential history.
Future generations will bo perplex?
to recoucile this fact with tho com ph:
guarantees of all our constitutions nt
bills of rights, and our boasted inhei
tance of tho sacred provisions of Magi
Charta. It gives a still darker shade
this mensuro that it has been provnk
by partisan passions, not by patriotic
national feelings and convictions. Ai
n es ty was always held within reach
those who would voto tho radical tick
nnd accept radical doctrines and policir
In other words, tho crime consisted in i
inability to bclievo in radicalism. ?
degree of criminality in tho late rebi
lion could outweigh sound radicalisi
Consistency would require that th
should extend this priuciplo to tho who.
auti-radic'al party. Why should not tl
Democrats and Conservatives of tl
North bo disfranchised , if to bo oppos
to radicalism is to bo disloyal?
[New Orleans Times.
DKATH OK AN Ex-CONGItESSMAN.-T
death, o? General Albert Rust, of Arka
sus, is announced. Tho deceased h
been for many years a public charnel
of prominence and influence in his st
tiou, having represented bia district
Congress, and held tho commission
brigadior-goncral in tho Confedera
States army.
jE o o et 1 X lt? ip xra. g? L
. Tho Sumter IFate/?maN announces a
lecture in that town by the celebrated
traveler M. Paul Du Cbnillu. We learn
that he will, perhnps, lecture hero.
THE GREENVILLE AND COLUMBIA RAIL?
ROAD.-Tho report of President Ham?
mett, which appeared in ourissno of yes?
terday, will be read with interest. It
shows tho favorable condition of the
Greenville and Columbia Railroad.
WEDDINO CARDS AND ENVELOPES.-A
lot of wedding cards aud envelopes, of
latest styles, has just been received
which will bo priuted in imitation of en
graving, and at less than one-tenth the
cost. Call and seo specimens.
ARREST-THE LATE ROBRERY.-One
MoCnrtney was arrested on yesterday by
Sheriff Frazee, ns being concerned in tho
lato robbery of Messrs. Scott, Williams
<fc Co. He was identified by Gaige. He
was pat in jail, and to-day be will havo
a hearing. McCartney is a discharged
United States soldier.
RARA AVIS.-A most remarkable speci?
men of tho genus bird was left at our of
f?co last night by n young gentleman of
our city, who obtained it from "the stout
Injun on thc war-path."- ByBomo it was
pronounced a plover; by others a king?
fisher, of the small tribe; and again by
others a pigeon, which it resembles very
mnch, nad would bo taken for one,
were it not for tho fact of its being web
footed, and having avery long bill, while
the pigeon has separate aud distinct toes.
Will some of tho expert ornithologists
hereabouts give us tho history of this
raro bird? Wo expeot to stuff the skin
of tho aforesaid bird, and deposit it
among others in our cabinet of natural
curiosities.
SUPREME COURT, April 20.-The Court
met at 10 a. m. Present-Chief Justice
Moses and Associates Wright and Wil?
lard.
In the caso of John Alexander el. al.
vs. Jehu McKenzie et. al. Motion to
docket a cause and to fix a day for argu?
ment. Tho Court announced that they
had decided to grant tho motion, reserv?
ing all questions of jurisdiction, and ap?
pointing Tuesday next, the 20th instant,
for the hearing. Messrs. Jas. D. Trade
well and D. H. Chamberlain for plain?
tiffs; Messrs. Johu T. Rhett, J. P. Car
I roll and J. D. Pope for defendants.
W. R. A. Thomas ct. al. vs. John Kel?
ley et. al ; con tin ned.
Friday Nixon ads. the State. Habeas
corpus. Tho return of the Sheriff of
Charleston County, having tho prisoner
iu charge, being read, showing the cause
of his detention, prisoner's counsel,
Messrs. Whipper, Elliott & Allen, moved
for his discharge upon the grounds that
prisoner had been respited by Governor
Scott, which expirod on the 22d day of
Murcb, 1870, aud has never been re?
newed by him, (although ho still exer?
cises tho duties of hisoQieo;) that on said
day, D. T. Corbin, representing and
styling himself President pro tempore of
the Senate, (although his term of such
office had long sioco expired, he haviug
been elected to fill that office ouly for
tho special sessiou,) and "Acting Gov?
ernor," granted another respite, (the
Governor being absent from the State at
tho time,) for twenty-eight days longer,
which act upon his part was invalid and
null, as there is no such officer ns "Act
ing Governor" known fo or authorizec
by tho State of South Carolina, the Gov?
ernor being alono authorized to granl
reprieves, excepting in case of the death
removal or resignation of the Governoi
and Lieut. Governor. Although Mr
Corbin at ono time, as before stated, wa:
elected to the office of President pn
tempore of tho Senate, ho never took tk<
oatli of offieo as Lieutenaut-Governor
as required hy tho Constitution, nor wa
he ever commissioned as such; and tba
all his acts in this caso wero unlawful
and should bo set aside; that tho timi
for tho prisoner's execution having lonj
since passed, and having received neithe
pardon or respito from tho Governo
since tho 22d of March, 1870, ho is un
lawfully held by the Sheriff; and no mo
tion having been mnde to any Court fo
his ro-sentence, tho prisoner is entitle
to his discharge.
Attorney-General Chamberlain, in rc
ply, said that ho might admit all thc
counsel for tho prisoner had urged, ant
still tho real question raised by this mc
tion was untouched, viz: what is th
forco and effect of the act of Mr. Corbin
granting that it is wholly unauthorize
and void in law? In decision of thi
question, ho cited: Stafo rs. Fuller,
McCord, 17rf; State vs. Smith, 1 Bailey
280; State vs. Addington, 2 Bailoy, ?lt]
Stato vs. Kitchens, 2 Hill, 012; State a
Chancellor, 1 Strobhart, 350. Tho doc?
trine of theso cases was, that when fe
any cause the day assigned for tho ex.
cition of sentence passed without ex<
cation done, thc Court, on motion, woul
lix n new day. lie agreed with tho cout
sel for tho prisoner that Mr. Corbin's n<
was unauthorized and void; but that fin
iu no way impaired tho validity of tl
sentence of tho prisoner, but simpl
mado tho assignment of another day n
cessnry. Tho Court reserved their d
cisi?n.
Robort A. Pringle cl. al. rs. Bela Siz<
cl. al. Mr. Allison concluded his nrgi
meut for appellees, Mr. Kershaw c
same side. Mr. Mooro in reply.
Riggers Moblcy rs. T. K. Curotou t
al. Mr. Kershaw for appellant. M
Moore for appellees up to hour of a
journmeut.
LIST OF NEW AnvEnTieEMENrs.
niakely A- Gibbe?-Fertilizers.
li. Pollard - Flailing Tackle.
Cook Wanted.