The daily phoenix. (Columbia, S.C.) 1865-1878, December 28, 1871, Image 2
COLUMBIA. S*- Gr
-f" f"'Y ''rc"'1 * 'I fl CC *' " 'fT L_'*
Thnnl?y Morninjr, Deoember 88/1871.
That Debato mme tba Voto.
Wo invite the attention qt the pabilo
to the Courier's aooonnt of the oloeiog
d?bete on the UIPKAOEMKIST QUESTION. I
We peebro our readers to mark well the
speakers and their sentiments. Messrs.
Bowen, Horley, Whipper and others on
the same.side spoke well and in the
right direction. It is highly creditable
to the colored Representative Whipper,
that he should hate stood ont BO boldly,
and BO strongly for the right. We shall
notice this Representative's course, and
we we trust that, if ho continues as he
has began? the honest colored men of
the State will yet hearken to his voice,
and unite with bim in bis condemnation
of. Scott and Parker, and in his honest
wrath for the "slimy minions" of the
ring, as he properly calls the legislative
corraptioniflta. We approve, also, of
the spirit evinced by hfessra. Bowen,
Harley and others, on the side of the
right These men were right here, as
respects words and votes. We must re?
cognize this. At the same time, it is
due to ourselves to ada that, in our
judgment, the redemption of the State
is not to come from the -legislature.
The minority there may aid, and we
shall expeot this aid, when the move?
ment, culminates that is to give us
victory. We notioe with disgust the
speeches of Byas-so fall of noxious gas
-of Jones, and other corrupt defenders
of a corrupt ring. We now oall atten?
tion to the vote on the question of im?
peachment.
Upon the call of the roll, the House
voted, ayes 68, nays 82, as follows:
Ayes-Adamson, Boston, Briggs, Byas,.
Corwin, Oousart, Crews, Dauuerly, Da?
vis, Dannie, Elliott, Ellison, Farr, Fer
SiBon, Qartlin, Gardner, Gary, Green,
riffln, Harris, Hart, Hayue, Hayn?,
Hedges, Henderson, Holmes, Hudson,
Humbert, Humphries, Jackson. Jami?
son, Johnson, J?ues, Keith, Lee, Little?
fields Maddock*, MoDaniels, McDowell,
MoDonell, Meade, Milton, Mobley,
Moore, Mackey, Norland, Nuokles.
O'Connell, Ramsay, Reedish, Reeves,
Sanders, Singleton, Singleton, Small,
Smart, Smith, Sumter, Tarlton, Thomas,
Wallace, Warley, White-63.
Nays-Bass, Bosemon, Bowen, Bow?
ley, Cain, Crittenden, T. A. Davis, Der?
rick, Doyle, Duncan, Ford, Frost, Glo?
ver, Goodsoo, Goggins, Hunter, Hurley,
Jervey, Logan, Miles, Sellers, Shanklin,
R. M. Smitb, Taylor, Thomas, Thomp?
son, Whipper, Wilkes, Wilhams, Wil?
son, Wo fiord, Yocam-32.
It will be seen that Dennis voted aye,
and thus has set ont in a poor way to
redeem his fame as upholsterer. He, too,
is one of the authors of the report of
the Joint Investigating Committee. How
oan he sign that report, and then fail to
vote for the right in the impeachment
harinees.
ox t-a delegation who profess to rep?
resent Riohlaud in the Legislature, we
notioe that Representatives Thompson
and Goodson voted with the minority.
They deserve credit. Davis voted with
the majority; and as for Alderman Si?
mons, we observe no record of his vote.
He was about, looking after his market
oontraot and his aldermanio troubles,
we suppose. Mark the vote and the
voters. He who is not for the right is
for wrong.
That Beeret Issue by ?he city Connell.
If there be one feature of the memo?
rial presented to the Legislature that
stands out in bolder relief than aught
else for unblushing effrontery, it is that
which denies the secret issue of the
8250,000 Bevon per cent, bonds by the
City Council. Tho memorial says "?hat
this resolution of th City Council of Co?
lumbia, directing the Mayor to issue Ute
bonds, teas passed, after debate, at a meet?
ing of the said City Council, open to all
men/" This is a deliberate mis-state?
ment. If the meeting was open to all
men, the Council took occasion to
observe that no outsider was present.
' Farther, why was the City Clerk ordered
to suppress this bond matter in the pub?
lished proceedings, and how is it that in
the Council proceedings, as published,
no reference to this subject is made?
We repeat what we have affirmed, viz:
that these 8250,000 seven per cent, bonds
were issued seoretly, illegally and fraudu?
lently. This is the truth,, however much
the Council may deny it, and although
they may protost-faithless officials, as
they are-nntii dooms-day. Well has
Mr. Edwin J. Scott said:
"It would be easy to expose tho many
falsifications of the memorial, signed by
the Mayor, and especially respeoting the
secret issue of bonds."
We go farther; wo say that the pre?
sent Mayor and Aldermen deserve now
the penalty whioh the City Attorney
attaches in section ninth of tho bill
whioh he and the Oounoil propose to the
Legislature. Section ninth rssds ?? fol?
lows:
"That if the Mayor, any Alderman of
the oity of Colombia, or any officer
thereof shall privately or fraudulently
issue any of auoh bonds, he shall be
adjudged guilty of felony, and upon con?
viction, shall be punished by fine and im?
prisonment at the discretion of the court."
We commend the City Attorney's own
pills to the Gounoil and Mayor. In this
case the ex post facto rule would work
well.
Wo notioe that Gen. Kershaw lately
delivered, in Charleston, an excellent
Masonic address. We always read with
pleasure what comes from this gallant
son of the State. Wo expect always to
And "high thoughts seated in a heart of
-courtesy."
- . ? --?-?9~S-i-1
Tho Rev. B. F. Jackson is the Union's
beau-ideal of a vir tuons mani "O,
shame! where is thy blush?"
t ??St "-?rtv.
"*T?ne"'oue^ol'tne' Tax-payers vs. tue
City Counoil of Colombia ?nd others
did not come np before Judge Melton
on yesterday, as expected. The d?fend?
ante wanted more time. The oase may
come np to-day, at ll o'clock A. M.
Our own opinion, aa journalist, is, that
in order to make a good defence, not
only time bat eternity is necessary. We
hope, however, that ample time may be
allowed these people to make their, de?
fence. We want no snap judgment, but
a fall investigation.
An Important ?luestlon la tne Kn Klux
Trials.
In the argument of the motion for
arrest of judgment in the case of the
United States os. Robert Hayes Mitchell,
Mr. Stanbery raised the question, ea to
the constitutionality of tlie Enforcement Acts
of 1870 and 1871. He argued that the
offences created by these Acts were, in
no sense, appropriate legislation to carry
into effect the fifteenth amendment; that
whilst the purpose of that amendment
was merely to prevent discrimination
against a voter, otherwise qualified, on
the ground of his race, color, or pre?
vious condition, these Aot'i of Congress,
instead of protecting the voter from
Booh discrimination, provided for a cri?
minal code as to all elections, Federal or
State; and, furthermore, gave to the
courts of the United States jurisdiction
over such offences, and specially made
such jurisdiction exclusivo of the State
courts.
Mr. Stanbery read various sections of
the two Enforcement Acts, to show that
the offences, which were so made exclu?
sively cognizable in the United States
courts, were of a olas? now punishable
by State laws-such as bribery at elec?
tions, obstructing voters, by throats, in?
timidation and violence, from voting,
and to provide against voting more than
once at the same election, or voting ic
any other than the election prooinot 01
district in which the voter resided.
Mr. Stanbery said there was no con?
nection between these offences and thc
provisions of tho fifteenth amendment
He claimed that this was the boldeBl
step yet taken by Congress to draw, witl
the exclusivo cognizance of the Federa
Government, subjects whioh heretofore
had been acknowledged by all to beloni
exclusively to the States.
Mr. Stanbery said it was the pnrpos
of his colleague and himself to brin
the question before the Supreme Com
of the United States? by proceeding
under the Habeos Corpus Aot; but thal
as the question directly arose upon hi
motion in arrest of judgment, ho ha
concluded to raise it and argue it nov
in the hope that the court might oertif
it to the Supreme Court at Washingtoi
upon ? division of opinion-a muo
more direct mode of pntting the que
tion before that tribunal than by the oi
oui tous proceedings of habeas corpus ar
certiorari. The court took the quostic
under advisement.
Should the court divide in opinio
this will be the third question upc
whioh the Judges have so divided.
Scott's plan to kill the impeachment
himself and Parker was novel, and sho'
the subserviency of the corrupt alli
and minions of the ring. He deter min
to force a vote? after he has bought 1
the requisite number of votes. Hen
he sends in a message, giving notice
his intention to convene the Genei
Assembly in special session, at 12 M.,
Saturday, the 23d day of December, j
stunt. YOJ shall not adjourn, Mess
Legislators, before voting on my a
Parker's impeachment. This was t
decree. This brocght on the vote. Af
he had paid his way ont, he revoked 1
proclamation. A beautiful state
affairai A corrupt Governor and a c
rapt legislative majority I
PERSONAL.-The Hon. Henry a ti
bery, of Ohio, leaves our city this mo
ing for Washington, after a short v:
to Charleston and Savannah. Duri
his sojourn here, in the discharge of
daties, both Mr. and Mrs. Stanbery hi
made many friends in this oommuni
Those ladies and gentlemen who were
fortunate as to maka their acquaints]
will regret to lose their pleasant compi
and the opportunity of extending ad
tional courtesies. Many of us big
appreciate tho services rendered
Messrs. Johnson and Stanbery.
Representative Whipper, who vo
for Scott's impeachment and labo
for it, was immediately relieved of
brigadier-generalship in the militia, i
one Smalls is appointed in the form
place. Byas was the proper man for
placo. He would have made a "gi
god of war." Scott has paid ex-Gem
Whipper a high compliment. If
colored troops aro relied on by Soot!
seems that he bas no uso for cole
militia officers who dare to call
adventurer and swindler to account.
Gov. Scott has, as was his duty, oi
od a reward for the murderer or u
dorera of Patrick Murphy-$500.
THE YEAR 1872.--This year conti
fifty-two Sundays. September and
comber eaoh begins on Sunday, i
uary, April and July, on Monday,
tobor is the only month beginning
Tuesday. February begins and ondi
Thursday. Consequently wo have
j Thursdays, whioh will not occur aj
until the year 1900. In tho year 1
J February will have five Sundays, wi
will not occur again until the year 1
The year 1871 begun on Sunday
will end on Sunday. This will oi
again in 1882, and every oloventh ;
thereafter.
Toa Vinal Ochate In the Boase on the
Impeachment Question.
"NEMO," the intelligent correspond?
ent of the Charleston Courier, thns
speaks of the dosing debate on the
Scott-Parker impeachment:
Tim Hurley stated that what he in?
tended to say wonld not oocopy mnoh
time, for he believed that the time for
talk had gone. It was now time for the
people to act for themselves. When the
Governor of the State, under oharge of
high crimes in office, could come into
the Legislature and buy_ enough votes to
get himself off, it was time to aot. The
minority in the HOUBO had been gagged,
and were perfectly aware that the votes
amounted to nothing.
Bowen next arose and said he availed
himself of the opportunity to cay a few
words on the subject, because he sup?
posed it would be the last that ever
would cresent itself. He protested
against the action of the HOUBO, in the
name of the people of the whole State.
The man charged with having stolen
$6,000,000 from tho people has taken the
means not to come up and face the issue,
but to dodge it, and althongh he might
say that the Legislature had exculpated
him, yet so far as the action of the House
is concerned, ho will havo failed to
satisfy any one that he is guiltless of thc
oharge. He appealed to the whole peo?
ple of the State against this mohsLout
outrage that had been perpetrated. Thej
were ground down to the dust by taxa*
tion to allow these men to roll around ii
luxury, and when a resolution was intro
duoed calling the thieves to account
they boldly Btate on the street -that t
small portion of tho ill-gotten gains oat
defeat such measures. Ho was goiuf
from this House to appeal to the peopl
of the State to rise up and put dowi
snob, outrages. The orator from Union
Mobley, here arose, and wanted to kno>
in what way did he mean that they wer
to be put down; by insurrection or K
Kins?
Bowen-I'll tell tho gentleman. Th
people have brought the case before th
Legislature, and have, moreover, con
vioted them on their own figures; an
here I would remark, that not a sing!
statement hos boon controverted, nc
one lfigure of the charges made an
proved, that does not remain unoontn
dieted. When this HOUBO bas fuiled t
do itB duty, the people have a right t
go into the courts of justice aud di
mand justioe there; and should that fai
then there will, perhaps, one day be a
eleotion, and they will have an opporti
nity to remedy these evils. I shall a]
peal to the people against tho tyranu
and oppression that has been hoapc
upon them. The Governor, up to tl
time that he was impeached, was e:
tremely anxious to have the Treasur
impeached; and if any ono in the Hon
wanted to oharge the Attorney-Gcnei
with these misdeeds, why didn't they <
so? I know that when the Governor w
in New York, ho ran away for fo r
being arrested. He left, however,
paper in the possession of a oertain pt
son, by whioh he tried to make aw
with the sterling bonds.
Here the speaker was interrupted 1
Jones, who read a telegram, said to ha
been sent by Gov. Scott to ex-Jud
Barrett, on .the 11th of November,
whioh Judge Barrett is instructed, tl
unleBS Kimpton resigned and settled
agreed before, ho (Scott) left New Yoi
to take legal steps against him. Th
Bowen contended, was written at t
desk of the member who produced
He then went on with his speech. .
lading to tho action of Byas. who L
signed the committee report ?uh
ing impeaohment, and subsequen
worked against the resolution, ho s
the member from Orangoburg woi
come into this House, and look at I
Speaker's stand, and the next momo
wonld, for a consideration, swear tba
was not there. This brought Byas
his feet on a privilege question, an
sharp cross-fire was kept up for sc
time. .
Whipper next obtained tho floor, i
made his final speech on the subji
He said ho knew it was useless to
tempt to fight the robbers, who n
their ill-gotten gains to bay tho votei
the Honse; bat ho thanked God t
this was not tho last resort.
Thero was scarcely a man in the Hoi
except those whoso political relati
plaocd thom above tho roach of
slimy minions of tho riog, who had
b?en approached (bought.) Tulley r
had said that ovory man hud his pr
and that man (pointing to Byas)
proven by his somersault that ho
his price. In reply to a threat of I
to hold him responsible in a court of
tioe for his words, he replied: Just
Groat God, if justice wcro meted i
that man (Byas) would live in a p
where tho light of tho stars never pi
trated. Ho then weut on. Althot
he said, crushed by votes pardu
with lucre stolon from tho Treasury
had not yot yielded. The load of
infamous transaction had been sad?
I npon tho Republican party, but
wonld not lend it his support.
Harley next obtained the floor,
made tho first serious speech I have
heard from his lips. That "ini?
jest," which is so charaderistic cf
man, wan for once put entirely at
and he grow oloquont as ho went oi
say, that if there was any act of his li
whioh he was proud, it was the fact
he had votod as he did to-day un
question. He would say to thoso n
hors who had sold out for less than tl
pieces of silver, that he hud in
pookot a lotter from one of tho thii
in which ho (Hurley) was urgod to
against impeachment, and Darno
figures. Ho would say to the hire!
of the ring that his vote records the
that they had not enough money to
him. He had moro interest in the '
than ail oi them put loudlier.
Byas hore jumped to his feet, aud
that ho had known Hurley whei
carno to this State, and did not hav(
shirts to his buok. Having said wi
ho sat down, with vngno threats of ?
for him in the courts of justioe.
It was at this juncture that tho n
twinklo rotarned to Tim.'? eye, aud
his usual comical blandness, which
hitherto given way to a sternness
unusual with tho mau, ho begged I
permitted to ask tho gentleman
Orangoburg a question.
Permission having been uceordet
tnrned to Byas and said: Havo yoi
now in your pocket n oheok for $12
which was givou you last year fe
Sorting tho bill for fitting up tho
[ouse.
This was a hit that staggered ]
and with much swaggering talk
many muttered oaths, ho left his
and troubled Hurley no mon. He
eluded his speech by saying that
men so far forget themselves as t<
their votes, he had sympathy for t
but no contempt.
W. M. .Thomas next spoke, and he
was ia turn followed by Yoe om, the lat
ter of whom commenoed by saying, that
be was one of those happily disposed
men who always, wben he fonnd him?
self in the minority, yielded to the good
sense of the House. But in this in?
stance, he was not disposed to yield to
the good dollars of the ring. .
Bowen closed the debate by saying,
that he would make this proposition to
thieves and robbers. They had asserted
that the bonds were issued in accordance
with law. Ho challenged, them to pick
ont an attorney, and make up a case in?
volving the point for tho deoision of the
Supreme Court of the State. If they
did not agree to this, they must plead
guilty.
At this juncture, a vote was taken on
the resolution impeaching the State
Treasurer, and it was voted down by a
larger majority tban Scott received.
The vote was as follows on the call of
the roll:
Whole number of votes cast, 89; ne?
cessary for the adoption of the resolu?
tion, 83-(two-thirds of tbo whole num?
ber of the members)-ayes 27, nays 63.
A Voice from UngUnd.
Wo invito attention to a voioe that
comos to ns from beyond the waters.
Evorywhore civilization stands aghast at
tho enormities of Southern Radicalism.
Our plunderers, however, aro looming
up-they stand now pilloried before the
world, or as lights and land-marks on the I
clio's of SHAME. The Suiurday Review
says:
"Mr. Robert Somers* work on the con?
dition of the Southern States since the 1
war, is fnll of interesting and valuable
information. Tho writer is remarkably
free from prejudice, is certainly not pre?
judiced in favor of the Sonthern oanse,
and be avoids as far as possible all refer?
ence to the political oonfliots which pre
ceded and brought about secession.
When his subject compels bim to spoak
of politicians aud political measures, be
studiously confines himself to &n account
of the facts and practical evidences of
tho working of Republican policy which
he himself witnessed; but his main pur?
pose is to exhibit a full and fair picture
of tho social nnd industrial state aud
prospects of the South. Hu hus tra?
versed nearly all the conquered States,
and oouvcrsod with nil classes o? their I
inhabitants; he has becu u careful and
impartial observer, and tho record of bis
observations is, therefore, as satisfactory
and trustworthy as any descriptivo work
of trnvol that we huvo lately scon. His
, temperate language and perfect candor
disarm suspicion and distrust; uud even
those admirers of tho Federal policy who
havo tried to persuade themsolves und
tho public that the South is prospering
under a government of negro votes and
Northern bayonets will bo compelled to
accept bis evidence. That evidence
BIIOWB-incidentally uud not of direct
purpose-that tho war was waged with a
wanton and savage ferocity on tho part
of the North that recalls the devastation
of tho Palatinate by Louis XIV. The
wholesale conflagration of cities and
homesteads, tho devastation of culti?
vated lauds, the destruction of all faoto-1
ries, machinery, railroads, buildings, all
the accumulated wealth of generations,
has reduced the South to utter poverty;
and her entire wealth, in 1870, was hard?
ly more than half of what it bud been in
18G0. Moreover, though no executions
for high treason marked the close of the
war, the reconstruction polioy displays a
more vindictive spirit than the infliction
of death upon a few leaders would have
done, lt is the infliction of a cruel and
degrading punishment upon a whole
nation. The test Aot excludes from
office every man of character aud repute
in tho South, aud practically disfran?
chises tho majority of tho whito people;
so that tho States aro ruled by Northern
adventurers of tho lowest class, elected
by negro votes; men of the stamp of
Fisk and Tweed, who havo treated the
Carolinas as those gentlemen treated the
Erie Railway aud tho municipality of
New Yolk. Such a Government of
course discourages immigration, and
frightens away capital; and, in spite of
tho immense resources of tho country,
and the heroic energy of the people, tho j
South is poorer than she was twenty, or
probably thirty, years ago. Mr. Somers'
accounts of the character, conduct and
demeanor of the freed negroes are inte?
resting, but do not at all confirm the
hopes of those who suppose that the ex?
periment of emancipation will be moro
successful iu tho South than in Jamaica.
Altogether, tho picture drawn of the
condition of tho country might satisfy
tho most vindictive of Northern Radi?
cals, uud is deeply painful to any ono
who, whatever his opinion of the justice ?
or constitutionality of secession, what
ever his abhorrence of slavery, cannot
help sympathizing with tho calamities of
a gallant nation, crushed by overwhelm?
ing numbera while struggling for what
they considered to bo their national
rights and inherited liberties."
Can Tilla l?e So, unit not Excite Wonder!
The editor of tho Missionary Record,
a colored man-Parson Cain-who op?
poses tho thieving ring and advocates I
tho comp?ele overthrow of the present |
dynasty, says:
"Tun PJIOOHUSS OP REFORM AMONO
THE CHIEF THIEVES.-We were pro?
mised, on high-sounding words, aud a
nasal twang, after tho most recent elec?
tion ou record in this County, th ut the
pink of purity would overhaul and un
oarth tho great financial faro dealings of
tho chief Sachems of tho bond dealers;
but tho last indications aro that there
has boen a wine-drinking nt tho chief's
parlor, thut tho mountebank of a re?
former, the soveu million 'uprooter,'
came in among tho first of tho guests,
and drank tho first 'bumper to tho suc?
cess of tho financial policy of tho ring;'
then came a renewal of obligations, a
burying of tho hatchet, a drink all
around, a mutual admiration, a review
of tho former success in rascalitios; then
a few tours of repentance; then au affec?
tionate embrace, aud all was sereno und
delightful again, and tho groat gamblers
in politics originated a new gamo, in
which ouch was to play au important
part, iu order to deal into ouch other's
hands, and rob tho innocent greenies.
If tho pooplo of this Statt) expect any
reform from these Falstaff* and Dick
Turpins, they have moro credulity than
wo gavo thom credit for. Thora will bo
no reformation in this Statu until the
present horde of speculators and wire
workers aro driven from placo and
power. Let tho pennie remember that
tho only reform that will do any good is
to come by completely overthrowing tho
present dyuusty."
Memphis ie soon to have gas at $3 per
1,000 cubic toot. Nashville pays 84.
?
THB UinSBD STAXBS Croourr (Joven
TBIAL OFKU KLUX O ASKS.-WBDHESDAT,
December 27.-The o ou rt roan mod ita
session nt ll A. M., agreeably to adj oar n
ment on Saturday last. The Hon. Hugh
L. Bond and HOD. George S. Bryan
were on the beneh.
Mr. Corbin stated that be deemed it
bis duty, before progressing with the
regnlar business of the eonrt, to oall at?
tention to an assertion that had been
made by the counsel for the do fe nco, in
the trial of John W. Mitchell, to the
effect thal Moses Edwards, a colored wit?
ness summoned by the defense, bad been
threatened and frightened from testify?
ing in the prisoner's behalf, by Charles
W. FoBtor, Kirkland L. Qunn and three
others personally unknown to the wit?
ness. Mr. Corbin said that he had in?
quired into the matter, with a view of
prosecuting the parties, should there be
any confirmation ci the charge, and ob?
tained the affidavits of Moses Edwards
and Peter Edwards, his brother, denying
that either Gunn or Foster, or any one,
had induoed him, Moses Edwards, by
any improper means, to absent himself
or fail to give evidence for tho prisoner.
The oaso of the United Btates vs. Sa?
muel G. Brown et ai. was then taken np.
The District Attorney stated that the
prosecution would withdraw the names
of all the other defendants in the indict?
ment, inasmuch as the same parties were
ohargod with a similar offence under
other indictments, except Samnel G.
Brown and John S. Miller. Tho defend?
ant, Samuel G. Brown, was called, and
the indictment read to bim- W. B. Wil?
son, Esq., counsel for the defence, an?
nounced that the prisoner, S. G. Brown,
wonld plead guilty, reserving fe himself
tbe privilege of submitting affidavits in
extenuation of his punishment
Mr. Stanbory expressed his desire to
argue hi? motions for a new trial and in
arrest of judgment, in tho case of Hobt.
Hayes Mitchell, the first tried. The
claim for u new trial was founded upon
the fact that the jury hud brought a ver?
dict of guilty against the defendant un?
der tho Beoond count of the indictment,
which charged a speoial conspiracy
against Jumes Williams. That the evi?
dence established the fact that the bang?
ing of Rainey took place on the 6th of
Murob, over u month prior to the Aot of
April, 1871, making such au offence
punishable; sud that tho Act of 1870,
limier which tho indictment was at?
tempted to be bustaiucd, makes no pro?
vidion lor such au offeucu. On his mo?
tion iu arrest of judgmont, Mr. Stanbory
took the broad ground that both the I
Enforcement Act, of 1870, and the Act
of 1871, proposing to punish interfer?
ence with tho right of voting, were in
violation of tho Constitution of the
United States. He stated that tho great
object uf his und his colleague's (Mr.
Johnson) coming to take part in the pre
sout trials, was to tuke this question be?
fore tho Supreme Court, and tbat he
would urguo it now, not with the expec?
tation of convincing the Conrt, in the
fuco of the previously announced opinion
of the presiding Judge, but with the
hope that he might impress the Court
with thu expediency of a division, in
order that so gravo a question might be
submitted to tho judgment of the high?
est tribunal in the country. The learned
counsel then went on to Bhow that the
Acts referred to hud been passed under
alleged authority of the fifteenth amend?
ment of tho Constitution, us appropriate
legislation to enforce the provisions of
that umendment. But that whereas the
fifteenth ameudmont had reference solely
to tho prohibiting of discrimination in
the right to vote on account of race,
color ur previous condition of servitude,
these Acts presume to take entire control
and supervision of all elections in which
members of Congress are elected, and to
punish any and all offences against the
right of voting, whether of whito or
black, or fur any reason whatsoever.
The trial of John S. Miller was then
taken up. Tho prisonor was arraigned,
and plead not guilty. The following
jurors wore empanncled: T. H. Bank
head, foreman, (white;) John Nott, Phi?
lip Salters, Joseph Keene, Joseph Smith,
Cyrus Alston, Wm. Smith, John Free?
man, Henry Fordham, Joseph Munner
lyn, Gabriel Cooper and Ephraim John?
son, (colored.)
Mr. Curbin made a short preliminary
address to the jury. He said that there
was but one count of the indictment in
which a truo bill bad beon found against
the defendant. That this count charged
the defendant with boing a member of
a general conspiracy to interfere with
the right of tho colored people to vote,
and thot, in tho progress of the investi?
gation, bo would attempt to prove, first:
That John S. Miller was a member of
tho Ku Klux Klan, and attended two
meetings, at least; and, second, that the
nature und purposes of the organization
were such as woro charged in the indict?
ment, and wero to bo carried oat by
killing aud whipping influential Radi?
cals, &e.
Tho prosecution then wont into the
examination of witnesses.
Elias Ramsay, white, was first put
upon the Ktuud. Ho said that he was a
resident of York County, and bad known
the defendant for several years; that he
(witness) joined tho Ku Klux Klan, last
winter, and met tho prisoner, Miller, at
L o of the meetings in May last, at
Sharon Church, when tho order met to
orgauizo tho company moro thoroughly,
by electing u full complement of officers.
Cross-examined by W. B. Wilson,
Esq.-He said: I never saw John Miller
initiated, nor knew of his going on any
raids. I don't know why bo attended
tho mooting nt Sharon Church. The
reason 1 joined the Klan was to protect
myself. I had boco frightoneil by the
Ku Klux. Thoy came to my bonse one
night, and took my brother-in-law, Ru?
fus Whito, aud whipped him. They
broke into my Btoro, drank my whiskey,
aud helped themselves to my tobacco.
They warned mo to shut up my store
bofuro they came again. Theodore By?
ers n^ked mu sumo timo after that if I
hadn't been buying seed cotton from ne
grues. I told him no. Ho thou asked
if 1 wanted t? join tho Klan. I told
bim I didn't know. After tbut, I met
Chambers Brown in Yorkvillo. He said
bo bad saved my life the time tho Ku
Klux bud whipped my brother-in-law,
(White,) and persuaded mo to join for
my own protection, which I did. I never
saw thu defendant with a disguise on,
nor armed, nor in any way eu nu coted
with tho Klan, ex opt by his being pre?
sent at tho meeting of which I have
spoken.
Andrew Kirkpatrick was tho noxt wit
liens examined. Ile said: I livo in York
County, and have known John S. Miller
two ur three years. I was a member of
tho Ka Klux Klan. I saw John 8, Mil?
ler at a meeting iu May last, nt Sharon
Church. Tho object of tho meeting was
to elcot additional officers. Robert Rig
gins WM mode chief, Fol? Miller torie, j
and Ghauiuera Brown monarch. I thick
Miller Toted like the rest of as. About
a week afterwards, I met him at a meet
iog at night, when aome of ns went oat
on a little ride. Borne of the party had
on their disguises when we met; others
did not. Miller had on no disguise, and
didn't go on the ride. The first place
we went to was 'Squire Sam. Brown's.
We only went for fan; called him oat,
and some of the party talked to him in
their broken Irish. Next we went to
Ed. Byers' place, and called out Sara.
Ramsay in tue yard, and mode him ron
around and play some antics for our
amusement. The nextplace we went to
was Elias Ramsay's. We went to catch
Charley Russell, a freedman there, who
had beon making his boasts that the Ea
Klux oonldn't catch him. We only
wanted to show him that we could. We
oanght him, carried him ont apiece, and
mode bim dance, but didn't hurt him.
Then we went home. I was oa the raid,
too, when Henry Latham was whipped.
Cross-examined-I can't be positive
about Miller voting for officers at the
meeting at Sharon Church. I never
knew him to wear a disguise or carry a
pistol, or go on any raid, or engage in
any act of violence.
John Ramsay was the next witness ex?
amined. He Baid: I live in tho Western
portion of York County. I have known
the prisoner several years. I was in?
itiated into the Eu Elox Etan in 1868,
at Yorkville, by James Somerford,
i Albertus Hope, Washington Hope,
Squire Brown, and one or two others.
I attended a meeting at Sharon Ghuroh
last May, and met the defendant there.
He was not in disguise.
Gross-examined by Mr. Wilson-I
never Baw.Mr. Miller at any other meet?
ing, 01 on any raid, or armed, or dis
I guised, or in any way connected with the
? Ea Elax Elan.
Samuel Ferguson was next sworn and
testified os follows: I livo in York Coun?
ty. I joined the Eu Klux Elan last
spring. I attended a meeting the last of
April or first of May, at Sharon Church,
and Baw John Miller, the defendant,
there. I don't remember of seeing the
defendant take part in the business of
the meeting.
Gross-examined by Mr. Wilson-I
heard Napoleon Miller say that the Eu
Elux had visited John Miller. I think
il was about two months before the
mcctisg Qt Sh?rcn Olinrcl?.
Thomas Ii. Berry was next sworn and
testified as follows: I live in York Coun?
ty. I joined the Eu Klux Elan last
January at Wesley Smith's. I under?
stood that I was initiatod into Madison
Smarr's klan. I was at three meetings;
the first was at Miss Latham'B house.
Only Wesley Smith, Miles McOullooh
and myself wero present, nnd there was
nothing done. The next meeting was at
Hood's school house Thore were pre?
sent John Simpson, LaFayette Hood,
Ed. Good, James Bi un nen and Adger
Good. We all pnt on disguises and
went to get a gnn from James Plaoksims.
We did not take the gun. My notion of
the object of the organization was, that
it was to break down the Bu di cal party
and build up the Demooratio. I knew
about the killing of Charles Good. He
had been working at my house, black?
smithing, and kept some of my toola.
I was inquiring of his whereabouts in
the neighborhood next day, and Wesley
Smith told me that he, Wm. Smith, Wm.
White, and Leander Spencer had killed
him the night before. I was ordered two
night? after, to assist in secreting the
dead body in the river, which I did.
Charles Good bore a good character in
the neighborhood, except that he was
repated to bo a president of the League.
Nearly all the white people in York be?
longed to tho Eu Elex Elan. Major J.
W. Avery was the Chief of York County,
and General Forrest was the Grand Cy?
clops, at Nashville, Tennessee. Banks
Lyle was the Cyclops of this State.
Lawson B. Davis was next Bworn, and
j gave his testimony with referenoe to the
politioal pnrposes of tho Etan-the kill?
ing and whipping of Radicals, and the
murder of Charles Good-pretty mnoh
os before, in the case of John W.
Mitohell and Dr. Whitesides.
Eirkland Gunn also told his name old
story; at the cl o HO of which, the conrt
adjourned till ll o'olook, to-morrow.
From tn? Vicinity.
HAMPTON PLANTATION,
December 27, 1871.
MESSRS. EDITORS: Were I near New
York, I could make my fortnne by re?
porting for a sensational paper. I mu?t
trespass upon yonr columns to record a
few more facts as to tho law-abiding dis?
position of this neighborhood.
On Christmas Eve, half a dozen co?
lored gentlemen amused themselves by
having a froo fight with knives; Christ?
mas night, three gentlemen of the same
color attempted to break into my house;
yesterday, my fields were set on fire by
white mon, muoh to the danger of my
buildiDgs, as a high wind was blowing
at the time. I went to see the extent of
damages, at the imminent peril of my
life, for the firing of shot-guns reminded
mo most vividly of picket dring in front
of Richmond. One pax ty alone was
composed of thirty-eight negroes, who
broke and ran on my appearance, know?
ing that it was forbidden to hunt ou the
estate.
I tronblo you with these facts, not
hoping for any immediate relief from
theso annoyances, but in tho hopes that
their notoriety will make the gentlemen
in tho North t'urn their attention to the
miserable condition of things in this
unhappy and lawless seotion; and if we
can succeed in bringing their attention
thereto, I um morally certain that a stop
will be put to it. We have no hope of
relief from the politicians; bnt once in?
duce gentlemen to examine into our af?
fairs, and the fate of the New York ring
will not bo a circumstance in comparison
to tho roform that their agency will work
for us hero. Respectfully,
J. M. MORGAN.
In Bristol, N. H., great public honors
aro a bowered upon a young gentleman
whoso only merit is, that when ho weut
wooing ho sat with tho object of his
affections, ns many young gentlemen
havo done boforo him, uutil 3 o'olook in
tho morning. After tearing himself from
the lady, as he was walking home, he
discovered a house on fire. Now, there
hadn't been a house on tiro in Bristol be
foro for a year and a half. Tho lover
gave a loud yell, the ongino company was
aroused, and the village saved from de?
struction. So delighted were the fire
mon with this that they ruado a baud
some present to the damsel whose per?
sonal beauty and delightful conversation
compelled her lover to stay much later,
or rather go home much earlier, than he
should have done.
EiOO gl/l^Xf Ch?
erry. MATTBUS.-Tho prioo of single
oopios of ibo PHOSNIX ia five cents.
Secure ticket* in the Sooth Carolin?
Land abd Immigration Association. D.
Oambrii?, Esq., is the agent in Oolam
bit?. There are a number of valuable
prizes.
A complete outfit, with the exception
of a press, for a country paper is offered
for sale at a very low rate. Particulars
can be obtained at PHOZNIX office.
The PHOHTX office ia supplied with all
necessary material for as handsome cards,
bill heads, posters, pamphlets, hand-bills,
oironlars, and other printing that maybe
desired, aa any office in the South. Give
us a call and test our work.
Special attention is called to the aale,
by Messrs. D. C. Peixotto & Son, to
morrow morning, of oil paintings,
oh romos, etc. Connoisseurs are invited
to be on hand.
By reference to our advertising co?
lumns, it will be seen that Bose and
Harry Watkins, the eminent comedians,
give several entertainments in this city,
commencing this evening. They are
talented ar li?tes.
The annual meeting of the Columbia
Oas Light Company, (as will be seen by
an advertisement in another column,) is
to be held this day, at 12 M.
We are Indebted to Messrs. Walker,
Evans Sc Cogswell, of Gharleeton, for a
pamphlet copy of the "Address on the
Life and Oharaoter of General Robert E.
Lee, delivered on the 12th of October,
1871, before the Society of Confederate
Soldiers and Sailors in Maryland, by
Lieutenant-General Wade Hampton.
Published by request of the Society."
A difficulty occurred in the atore of
the Messrs. Hendrix, yesterday, during
whioh, Walter Mazcy seriously cut Aleck
Brooks, another colored man.
A horse attached to a buggy belong?
ing to Messrs. Boyce & Co. ran off, yes?
terday, and upset a lady and gentleman
?U lue ?V?U. The buggj Woo eiiiaehed up.
PHCENIXIANA.-Keep thy tongue from
evil, and thy lips that they speak no
guile.
It is a faot worthy of notioe that in
making the new apportionment of mem?
ber? to the House, the Republican ma?
jority utterly repudiates the fourteenth
amendment, BO that Massachusetts may
still keep up her educational, and Rhode
Island her property qualification for
suffrage.
Conceit is said to be a better capital
to start with in life than money. Is it?
Give ns capital.
A policemen asked a drnnken ?Ethiop,
whom he could scarcely^eo in the dim
light of a cell, "Are you colored?" "Co?
lored; no; dis yer ohile born so."
A contemporary is of opinion that jost
no rr dishonest officiais are a worse enemy
to tbe country than the Ku Klux.
A lady says engagements are very un?
satisfactory sort of affairs; for if you are
not very ponte and attentive, the gentle?
man thinks you do not care for him, and
you are afraid to be polite, for fear the.
engagement might some time be broken
off, when you would be sorry to think
you had wasted so much sweetness on
Borne other woman's husband.
There is a gentleman in Congress by
the name of Snapp-Snapp with two
p's. And Mr. Snapp has introduced a
resolution to abolish the printing and
transporting of public documenta at the
public expense. It is evidently the ob?
ject of Mr. Snapp to deprive us of our
Patent Office Reports. Deny us that in?
estimable luxury, and what else is there
in lifo that is worth living for? In the
name of goodness, Snapp, don't.
Jinks-says that wedding rings ought
to be re-christened suffer-rings. He has
been married five years.
It is a queer woman who asks no ques?
tions, but a woman who does is the
querist.
One of the Grand Duke's suite is pos?
sessed of the rather evasive name of
Lieut. Shirk-off; but from his frequent
appearance in the reports, he don't seem
to dodge the dinners any.
Sentiment by tho New York Herold:
"It takes brains to make a successful
grocer. Anybody can be a Congress?
man."
An alliterative Illinois reporter fathers
the following: "Parson Palmer, of Pa
do! a, is the proprietor of a pen of pigs.
These pigs escaped and persecuted a
peaceable neighbor, named Piper. Piper
persuaded them off his premises with
dogs, and punished Palmer's boy. Tho
parson paid his respects to Piper, prating
of a prospective prosecution, and was in
turn pounded to a pulp by the precipi?
tate Piper. The penitent man at present
languishes in prison."
MAIL. ARRANGEMENTS.-The Nor thor a
mail opens at 3.00 P. M.; closes 7.15
A. M. Charleston day mail opens 4.00
P. M.; closes 6.00 A. M. Charleston
night mail opens 6.30 A. M. ; doses 6.00
P. M. Oreen ville mail opens 6.45 P?
M. ; close* 6.00 A. M. Western mair
opens 9.00 A. M. ; oleses 1.80 P. M. On
Sunday office open from 8 to 4 P. M.
LIST OF NEW ADVERTISEMENTS.
D. O. Peixotto & Son-Anotion Sales.
Gov. Scott-$500 Reward.
Butler Sc Gary-Life Insurance.
Communication Acacia Lodge,
J. M. Morgan-Notioe.
OFFICIAL. RAFFLE NuKBRns Charleston Chari?
table Association, for benefit Free School fund:
RATFLK GLASS No.2GC -Morning, December 27.
10-71-64^65-42-50-J3 -60-11-19-17 52
Witness my hand at Charlea ten, this 27th day
of Becember, 1871. FENN PECK,
Doo 28 Sworn CommiBaionor.
M ANT! F A OTU RINO ENTEBFRI8B IN CHARLES?
TON -Charleston ia fast becoming a manu?
facturing aa well as a oommeroial city. Tho
largest manufactory of doors, Bashes, blinds.
Ac, in tho Southern States is that of Mr. P.
P. TOALS, on Horlbeck'a Wharf, in that city,
aalea rooms at No. 20 Hayno street. M?.
TOALE'H advertisement appears in another
column. Nov 2i