The daily phoenix. (Columbia, S.C.) 1865-1878, January 04, 1872, Image 2
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COLUMBIA, ?esC.
.?.rrtartai Md Mlmarltr ?r FroportlotataU
. As our readers ere well aware, andros
tho record shows, we were the flrat'ln
the South to bring prominently forward
?ft?rtTOP^?l 9* .jasj^BPCONATj BBTKB
sBHTrOH. It presented itself to ottr uiipa
''MA IBS?S?^^
whiob, in the abstract 'and in . the con
creie, aomm?nd?d itaelf with great force
; to .bur ' mind, [ We had studied, with
'' analytical < thoron ghness, i Mr. j Oal noun's
great ?jork on ax>VKBN*rtKNT, and -^o Were
familiaxjrith bis favorite suggestion pf
^E?k>oV?^Ua?yi!n? ?B?CTOXTIITS, '"rb ii h W ?? 1 0
? found * leading s and a rit ai idea in his
^attheWox" m*hn?i%WT. . It ?couwed!to
na tbs t. tu the principle of PKOPOBTTOHAI,
BKFnj?ssrrr ASTON, there was some thin g
far moro preotioal and far moro in con?
sonance with the genius of the century,
! than Mr. Calhoun's concurrent idea.
After our attention had been called to
this subject, by the movements of ex
United States Senator Buokalew, of
Pennsylvania? we looked into the his?
tory of proportional representation, and,
to our ?urpriao, wo found that the idea,
JyfytbA rough, had, been developed, move
or leas, in Europe, and that especially in,
England-^that moat solid. of all nation?
alities-the principle had been discussed
by her wisest statesmen, and had even.
? been put in suoeessful operation.
Aa an abstract principle of . 'govern
. ment, we at once became wedded to the
idea. We felt it to be fair, sound, just,
right. Further, although having little
hope that the majority in South Caro?
lina would have the sense or disposition
. to adopt the principle, we threw out the
idea, and suggested this new mode of
snifrege ?*s ?? measure of general reform,
ia view of the then existing state of
anarchy, discontent and threatened
bankruptcy. As the source of muoh of
our troubles arose.from the corruption
and. political complexion of the State
Legislature, we held that any measure
calculated to improve the oharaoter and
elevate the tone of that body, waa a mea?
sure in the direction of a general relief.
Many of the leaders and exponents of
the ruling majority in South Carolina
affected to accept this measure, and pro?
mised to give it their support and to
exert their influence in the direction of
i^ adoption, aa a meaeuro of equal and
\ Gov. Scott, Lieut. Gov.
Barndar, Attorney-General Chamberlain
and the Radical newspaper here, all pro?
tended'to adopt the idea. The Tax?
payers;' Convention-which, io spite of
?ta honest, liberal and just pnrposes, os
respecta a largo majority of its members,
ia Borne what a painful reflection to us
met. The Convention was eagerly seek?
ing for some means of saving the State,
It waa seen, felt and acknowledged that
the present dynasty was a miserable, a
disgraceful, a costly failure. Tho Con?
vention adopted the idea of proportional
representation, as a measure which, if
adopted, would give at least some relief.
Mr. Chamberlain was in that Conven?
tion-a spy in the camp-a false knight
wearing, the garb of pretended sympa?
thy with the genuine sons of South Ca?
rolina, native and adopted. Ho was
there-seni'there to represent Richland,
by sn ill-advised and thoughtless move?
ment of good men. When the question
of proportional representation was pre?
sented by one who bad been invited io
take a seat in the Convention for the
purpose, Mr. Chamberlain aroBO, took off
his overcoat, and with honeyed words
and hypocritical accents, advocated the
measure, and made acknowledgment of
the failure of the very regime of whioh
he was part, and of whose rcscality he
was then well aware, even before the re?
cent developments.
So, loo. Gov. Scott and the colored
Lieutenant-Governor, all took the same
ground,vand their pretensions ate upon
record.
At the time, we distrusted the profes?
sions of all these people, exoepting, per?
haps, those of the colored Lientenant
Govemor. We believe that the pretended
support of this measure was a anare. We
believed that, seeing the inevitable ruin
that was coming, and feeling insecure in
their persons, and in their party from
the gathering wrath of an outraged peo?
ple, the Governor and the Attorney
General, trembling in their shoes from
guilty fears, and made cowards by con?
science, sought to administer a sop to
Oerberna-sohght to throw a tub to the
popular whale. The great BOND SWINDLE
and the SWELLING OF THE STATE DEBT to
ita present enormous bulk-those, too,
. loomed np before the minds of the faith?
less, treacherous officials, and they pre?
tended to accept proportional representa?
tion.'
For one, we ean say wo were not de?
ceived. It ia upon record that we saw
through this game, and long ago ex?
posed it The Attorney-Gen er al knows
himself that we told him last spring
when we hoped that he might be the
true man he pretended to be-that we
looked upon this Radioal pretence of
accepting proportional representation bui
aa a "thin" pretence.
* What ts the result? Is it not as we
anticipated? Were we wrong when we
threw ont to our friends the thought of
fearing the Greeks even whilst bearing
presents? In his message, Gov. Scott,
treacherous, false, mendacious, weak? as
friends and foes alike paint him, says, in
substance: "No doubt, proportional rep?
resentation is a good thing in the ab?
stract; but I take it, Messrs. Legislators,
that yon rvill soe the minority in this
State-the native end - adopted whites
go to the devil, before y o a will surrender.
your majority power 1" - And thoa doe?)
this false Ohio adventurer, who seta ai.
naught the decalogue, to nay noting oN
tbs rules of ordinary d??enoy-tho? does
Scott redeem one of hi? prom?tes to the
Tax-payers' Convention !
And Chamberlain is mute, exoept
when he raises his voioe sud opens ble
false Jipato po saue Ahe Ka Klux, whom
Jus in part, toada,, and before .whom ara?
down the Demooretlo party"es? much ?a
the object ol the Ku Klux Klan wa? to
P?TSW W^?^*;' ff*
corrupt Ifnion^-ih&t pttitts Sb muohbf
virtue and justice, and is a member of
the great God end morality party-this
p^per lW^hirig' ip ???.hfew 6i)?rppor
donal representation. And even the Lieu?
tenant-Governor is silents Well, weare
not deceived, . Foliow-Oaroliniana, re?
member -thai1 your redemption X must
oome from yourselves, and do not ox
peot the present corrupt regime volunta?
rily to.re?4nqu?Bh.any poifer. That' jjjp w
er will fall from corrupt and nerveless
hands, but not voluntarily or gracefully
Will it be surrendered. . 3 JG
And yet, wo repeat it, that proportional j
representation ia a great and a good tbi?g
in government, and the only, principle
?which, linked with reasonable virtue and
intelligence iii the mass?e, can make uni?
versal suffrage co-exist with pesos, pro?
gress and prosperity in a community.
Says John Stuart Hill:
"Democracy, as commonly oonoeived,
and hitherto p rao ticed, is the govern?
ment of. the whole people by a mere ma?
jority of the people, exclusively repre?
sented. . ? \\{ \
"The pur? idea of Demoeraoy, accord?
ing to its definition, is the government
of the whole people by the whole peo?
ple, equally represented." ;
This is the matter in a nut-shell. A?
this eminent Englishman adds, the i ut?
ter ia synonymous with the. equality of
all citizens; the former Is a government
of privilege, in favor of the numerical
majority, who alone possess practically I
any voioe in the State. Io thia State we I
now have false Demoeraoy with a ven?
geance. They call it "Republicanism T
Ki m pto n made his cherubic appear?
ance on the streets yesterday. It ia said
that he is here to arrange tho sale of the
Greenville Railroad to the South Caroli?
na Railroad.
The question is, to whom does the
Greenville and Colombia Railroad be?
long? Did not the bonds of the State
pay for it? Does it not belong to the
Stato to-day?
Is it true that with the money Kimp
ton expgota to get from the South Caro?
lina Railroad Company, that he will lift
about a million of bonds that he has
hypothecated in New York tor about two
hundred thousand dollars?
Will he then plaoe these bonds in the
hands of a friend, who will hold them
and contend that the State is liable for
interest and principal?
What will be the effeot of President
Mcgrath's paying to Kimpton the price
he asks for the controlling interest in
the Greenville and Columbia Road? *
It is said that Kimpton will claim, in
his report, to have five millions pf Sonth
Carolina bonds on hand-when it is
alleged that he has not, in truth, bonds
enough to buy a decent ping hat. We
are advised that this forth-coming report
is a gross falsehood throughout. We
get from New York the intimation to
walch, and watch we shall, pro bono publi?
co. Is it true that Kimpton has now two
millions bonds "up" for, say, five or six
hundred thousand dollars that is now
pressing him? Does a jail loom up bo
fore the ohernb in New York?
Colonel BfeKaster's Caa? In ?lie Ualtcd
States Court.
As will be seen, P. W. Pickling, Esq.,
of this bar, und one of its most able
members, made a telling and a triomph?
ant defenoe of Co). MoMoster on yester?
day. He ably, logically, conclusively
established his points, and eloquently
vindicated the claims and privileges of
the legal profession. He made a pow?
erful showing, which we think the Go?
vernment and the court will find impos?
sible to controvert.
Audaoity, under the law, is what wo
need. Let us raise high a good banner,
in the forum and everywhere, as indivi?
duals and as citizens.
More Arrests-The Work to Go On.
On yesterday, a large number of
United "tates prisons!*-?v fnrtv or
fifty-arrived here from Spartanburg.
We had hoped that the United States
Government was about to cease these
arrests, and let the farmers of the up?
country attend to those interests so
essential and so much affected by the
present oondition of things. It seems
that the work of arresting is still going
on, and we suppose that Laurens and
Newberry's turn will come next. Has it
been determined to draw around those
Counties the Ku Klux net? It seems so.
A VOICE FBOH THE F ABM.-A strong,
resolute farmer writes us: "We are in
fine health, however-have plenty to
eat, wear good clothes, love our friends,
and hate Soott and his ring as we do the
devil. I am instructing my children,
daily, in this latter virtue.
"I really wish you had the sword of
Damocles, the power of a Hercules, and
tho liberty to exorcise the vengeanoo of
a god." /. ,
i There were 80 deaths in Charleston
for the week ending the 30th ultimo
whites 0; colored 21.
Mkmar*.i >i m n.? mm IM mmm m , um mutt*?* - ?..
Mr. Hog?, tbs Adrcinarer.
;;We learn that one of tho viators on
M* freexloW* em*jioi$fttio?: day waa
j&r. Hog*, a mStobe* of tho carpet-bag
frnterqity,?;%nd'? Bora^chet uotorious in
thlaS??te Aod thia community. It ap?
pears that ho assailed thia journal and
its chief editor with low abose. Wo
most expect this1, add'do not allow it to
disturb us. It is said that
"Baok'WouSdlag paldmhy ,' ' 1 >'.
The whitest virtue etrikea."
""~WJT hal'S a'stl?B'.'fis^we^K?v'e before
ssid. fotJe?i? h?ubd; that barks at ns,
of high gorf'u^w;.:a?gree. Thia mao we
have already portrayed1 as ooe of the
foes of the State. Ho it was who mad*
that remarkable retreat from Anderson,
even before the ora ' of the dreaded Kc
Klux. He it was who became a judgi
without a kuowledgo of law1 apd a mern
lUtQi Engrasa ?lth? the gifts ot?ly o
the demagogue; aod he it is who, sino*
then, has been feeding on the politioa
and legal crumbs that he could get
And this is the oharaoter that assails ns
He it is who wished to God that th
Y ?uk poop?o would fire into tho' Uctitei
Htatea troops, in order that they migh
get upon them the horrors of an onrage
soldiery. Now, he is denouncing th
Kn Klux; and yet he openly favored th
idea of hanging up. to ( the city lam?
poa te, in broad day-light, Messra Soot
Parker & Co.! Is there much different
between Ku Klnx in disguise and not i
disguise? Atad, fnrtber, what has
Loyal Leaguer to say about a Ku Klaxei
And this is tho blatant speaker who .vei
tared to assail this journal I We con gr
tnlate the community, that Heaven, i
giving him brass, did not give him brain
and thai his malignancy far exceeds h
poxoer io do ?eft - We leave bim to co
strue this extract from Shakspeare, 01
much esteemed friend:
"Get thee glass eyes,
and, like a aourvy politician, seem
' To' B?e the things thoa dost not."
t . 4 J?---KSW
Tb? Triumph of Truth.
As our readers have observed, i
strike the THIEVES' OWN and the Rn?
FoRuvKii, alias the Union here, wbenev
it ventures to raise its flaming crest SJ
to hiss at us from fan glees jaws,
ought to have died long ago, and wot
have died, were the times normal, a
did it not get its living from State a
Federal sources-directly or indirectly
' "I( is related, as an instance of t
keenness of the Mohammedan steel, tl
man was oondemued to be executed
the stroke of a sabre. Ho was led to I
blook, and the appointed executif
stood over him. Thu sword was lift
and the impatient victim shut his ey
Five minutes he kept them closed o
felt nothing, when bo looked up imp]
ingly and asked: 'Why don't you strife
'Shake yourself,' Bani tho grim exe
tioner. The viotim did as directed, ?
tumbled to the ground iu two pai
The sabre was so keen, that he foi
not."
Now, it is not for us to say what is
oharaoter of our blade, further than i
the blade of truth. "The Union, the ric
all tho public swindlers and architect
rain whom we are assailing, will yet I
their1 heads off, and they will tumbi?
the ground, not in two parts, bat
many pieces, and there they will lie,
the broken and bruised limbs of rr
gled Kimon; while THOTH will stand er
compact, fair-proportioned and eut
ing-for
"The eternal yoars of God sro hors,
Whilst Ena o H writhes and dies amone
worshippers."
Points Well Taken.
oin. EDITOR: It is admitted, I beli
that N?st's carricatures in Har?
Weekly did more effeotual servio
breaking up the ring of New )
swindlers than all tho thunderings
formidable arrays of figures in the c
press. What a pity you have not au
jour readers some one who could us?
facile pencil of our late gifted friend
J. A. Oh, bow he could make t
princely rascals wicoo under his lasL
would like to Bee a panorama, intro
ing first these "lean, hungry, Gas
looking fellows," with their oarpet-l
then tho modus operandi of expan
the carpet bags, filling them up;
process of converting decimals into
lions by presto-the multiplication ol
Offices and the plurality of individ?e
by which role one man could be mai
make aa mach as a dozen, by havii
many more pockets. The solntio
the "old problem, how tho Ethic
could change his skin and the leo
his snots, the demonstration of the I
''.if ignorance is bliss, 'tis folly t
wiso;" tho ol odd uti ou of social ?J qui
by wbiob, a la monkey, one gets al
kicks and the other' the poa nies,
what a panorama the State House v
make in ode of ita ebullitions I O, U
ra! 0, mores! that this once prom
honored old commonwealth ohou!
goveruou by Ljguv?uSS$? T GS il i ty SS
lainy! What would any of the
men of old, North or South, Ea
West, Buy of the present state of th
-?-S4rt
From "ArguM."
Tho Union Buya: "Whonever you
a politician .prating about virtue
honesty, SPOT HUI. Exactly so. J
for a long while been evident, to e
servant minds, that rirtue and ho
were under tho ban of proscrj
among politicians of the stripe ad
by tba Union; bat, Iowas that ahas
the scale of honesty and virtue, v
not expeot it to ooma out oponrj
advise its adherents to spot any poji
wbo dared to talk about those o:
and exalting qualities. Wo ncc
longer wonder that those who pi
virtue and honesty aro in suoh bat
with tbat sheot, when it oannot
bear to hear them spoken of.
ABO
? ?? ? ?
DROWNED.-Wo learn that Ci
ThoB. Murray, of the schooner G
Torbert, was drowned at Hatten
Friday last. His father, who was
senger on his vessel, was acoidc
knocked overboard, sud the oapti
trying to save bis life, lost his owi
Tua UNITED STATES OOPBT, WRDNES
DAY, January 8, 1872.--The court met '
at ll A. M., Judges Bond and"Bryan on
tho bench, rt 1?.
Col. P. W. Fiokling stated to the
court thst.be had read/ lor the oonside- .
ration of the court the answer of Col.
F, W. MoMaster, to (hf rale requiring
him to ?how cause why his name should
not be stricken from the roil of attorneys
of the court, for contempt. The answer
was ordered to bs flied. . li'!:: ' i
Mr. Obamberlait. for the District At?
torney, roqu es ted t h ac t B?? ie?o? might
be passed upon Alexander Armstrong,
co UT io ted at the April term of the co a rt, ?
1871, of robbing the mails., The pri?
soner was called to the bar of the ooo rt,
and after a few feeling remarks by Judge
Bryan, touching his youth, his honest
parentage, and the great temptations to
which he had been subjected, wak
sou ten cad to five yeera imprisonment in
the house of correction iu New .York.
Wm. Jolly, of Spartaubnrg, pleaded
SDitty to the charge of violating the Ka
Aux Aot. HG stated that he was a
member of Horse Creek Klan, and had
been on oue raid. Josiah Vaasey . was
ohief of tho klan. Robert Scruggs ini?
tiated him, and he joined from fear of
being whipped. Lewis Jolly, Tom
Price and Memory Humphreys were
with him on the raid.
Alfred Blackwell was next oalled, and
also pleaded guilty. He stated that be
belonged to the Horse Creek Boan, and
had been on one raid against Reuben
Phillips, whom- the prisoner said, he and
bia crowd brushed a little.
Judgo Bond-Why did.you whip him?
Witness-Well, he bad whipped
another man's steer to death ami threw
him in the branoh.
Judge Bond-How did you know he
did it?
Witness-Sam Barratt saw him do it.
Phillips waa a oolored man. I was
forced into the organization through
fear of their whipping me. '
Wm. F. Ramsay next oame up and
pleaded guilty. Ho said: I bolouged to
the Horse Croek Klan. There were
some twenty or thirty men in tbe klau.
I attended three meetings. Tbere was
scarcely any tbi u g done. Judge Edwards,
Mr. Oautreil, Mr. Tatt?, Stoball Scruggs
and Mr. Peck were the executive com?
mittee, who met and ordered what was
to bo dune. I was on tba raid agbi?ct
Reuben Phillips; that was the only ono.
I joined from fear of being whipped if
I stayed out. .
Thomas J. Prico next came np and
pleaded guilty. He said: lam twenty
cine years old, and live in Bpartanbnrg
County. I didn't belong to any klan.
Gilburt Sarratt sworo me iu. 1 was on
two raids. It Wits no klan in particular
-juat a pioked np crowd. There was a
ohief along-Robert Scruggs. The first
raid was on a negro woman; the seoond
was on Charley Fernandez's family. We
then wont on to Jaok Sarratt's, and took
his wife and sou and daughter, and gave
them a light whipping. I joined from
fear of being whipped, or some other
barm being done me. I understood that
Banks Lyle was ohief of tbe County. I
don't know him.
Taylor Yassoy was next called and
?leaded guilty. He said he belonged to
Lorne Creek Klan, and had been on two
raids. The first raid, uotbing was ef?
fected. The second was on James Gaff?
ney. He was a black man, and they
whipped him for stealing.
King Edwards next came up and
pleaded guilty. He said: I joined the
klan in Marou last. I reckon I joined
through ignorance. Alfred Harris initi?
ated me. I was on the raid on John
Harris, a oolored man. We whipped'
bim-gave him about sixty licks. We
whipped Maj. Cash and Bynnm Hum?
phreys. We whipped the last because
.of his whipping a white boy.
Ohristenbnrg Tato wus nuxt called up
and pleaded guilty. He stated that he
was from Spartaubnrg, and had joined
the klan in January, from fear He had
been on three or four raids. The first
was on Richard Roberts, for selling
whiskey on the Sabbath Day, near u
church; then went in and whipped a boy
for not obeying his mother.
Jesse Tate next came np and pleaded
guilty. He said he had joined the order
in January for self-proteotion; had never
been on noy raids, but attended several
meetings. There was nothing muoh
done at the meetings. Some new mem?
bers were initiated, and there were con?
sultations about what should be douo
whenever there was any wrong thing
done in the neighborhood. Thero was
one raid made in North Carolina. It
was ordered by the cyclops, Banks Lyle;
at ledst, I have heard him called thut
here. The faot is, I Lave heard more
about oyclops and such things siuoe I
have been herc in Columbia than I over
heard while I was in the klan.
' Judge Boud ordered that tho last
named prisoner bo released on a bond of
$500, to appear at the next term of tho
court.
Frederick Paris was next oalled op,
and plead guilty. He stated that ho
iived in Spartanburg and joined the
klan on March 28. 1871. Had been on
two raids; whipped Bynum Humphreys;
didn't talk to him anything about his
polities; the next wo whipped was John
Harris, then Mat. Scruggs, May Harris
and James Gaffney.
Wm. Robbins was next oalled and
plead guilty. He was a poor, half-wit?
ted fellow, and oould not articulate intel?
ligibly. His interpreter stated for him
that be was a poor man, who hired
about fora living; aud bad been whipped
by members of the Horse Croek Klan
umuio uo jOinCtt.
Judge Bond stated that the court
would hold tho sentence of tho prisoners
under advisement.
Tho rulo against Gol. MoMastor was
then taken np.
Mr. Corbin read the mle, as follows:
Ordered by the court, this 1st day of
January, 1872, that F. W. MoMaster, an
attorney of this oourt, show canso, on or
before the 3d day of January, 1872, why
his name should not be stricken from the
roll of attorneys of this court for con?
tempt, for refusing to state to the oourt
the whereabouts of bin client, Edward
T. Avery, for whom bail had been taken
at the request of said MoMaster, and
who did not answer when culled at his
trial-and for refusing to state to the
oourt whether bo had any communica?
tion with said Avery touching his ab?
sence prior to b?s departure, and that a
copy of this qrder be served on said at?
torney forthwith.
HUGH L- BOHD, Judge.
Mr. Fickliug replied with tho following
1 answer of Col. MoSifaster;
I A- roi? bas. been served on the re?
spondent, P. W. MoMaster, to show
canso "why bis natus' should pot be ,
strioken from the rolls of attorneys of
i this Oourt for contempt, for refusing to
state to the court tho wbereabonts of bis
olient, Edward T. Avery, fdr whom bail
baa- been takeo, ai the reqneet of said I
MdMaster, and; who .. did not answer
whin called at his trial? and-for refusiog
ta state to the court whether he had any
communication with said Avery, touch?
ing biS absenoe, (prior to hi B departure."
. In answer to the above- role, this re?
spondent saya that on the occasion re?
ferred to in the above role, according to
bis * bast recollection, the only question
propounded by the court to thia re?
spondent was: "Mr. Mol laster, where is
your client?" To which thia respond?
er Ue^tUed^'IO. ope .tho .court.will ax-.)
case me from answering that qaoatiou."
The question Wes repeated by tho court,
and received identically tb? same reply.
This respondent was uot aware that he
toOfbi^ hit absence, prloE to ma ce
partnre?" and therefore could not have
mswered or have refused to answor said
queeU?n. . \. ?v*Vnu^S??M
In making the answer which he jdid
to the court, whilst standing st the bar,
in discharge of his legitimate duty as an
attorney at l?w, ? thii respondent says
that he disclaims aod denies any inten?
tion of showing any disrespect to the
court, or putting himaeir in contempt
thereto, or of knowingly or wilfully in?
fringing or disobeying any role thereof;
that in his position as an attorney, com?
missioned to exercise a high and sacred
doty, as an oflioer sworn to do his duty,
be was conscientiously soaking to dis
abarge that duty; that aa a member of
the bar, and as an officer of this oourt,
he baa never forgotten the respeot due
to the oourt; and on this occasion, as on
all others, he has tried to observo of tho
oourt that same respeot which he has
shown to the oourt But whilst remem?
bering his relations to the bonah, be
claims, also, certain rights apd privi?
leges for the bar, wbioh are as sacred aa
thoHe of life and liberty, and wbioh he
felt bound to assert.
This respondent respectfully submita
that, .as an attornoy, in the discharge of
bis duty, there was no requirement npon
bis part to answer the question pro?
pounded; aud that his mere refusal, in
courteous terms, to do so, was no con?
tempt of the oourt.
This respondent, farther answering,
says that, if he had derived any informa?
tion of the whereabouts of his client,
from his client himself, it woold have
becu a breach of professions! oonfldenoe
on his part to disoloee snob information.
If, on the other hand, be bad obtained
snob information from otbor souroes, he
submits that it was not his dnty to be?
come an informant agaiuat his client.
He, therefore, respectfully submits that
his refusal to answer the question pro?
pounded was no contempt of the oourt;
and that, to have answered, wonld have
brought upon him, and be would have
justly merited, the contempt of every
honorable practitioner at the bar in
Sooth Carolina.
This respondent, further answering,
says that he was iu no sense, either
morally or legully, the custodian of his
client, who was undar recognizance or
bail. The respondent, further answer?
ing, says that the defendant, Edward T.
Avery, was not admitted to bail at his
request, but only upon his application, as
an attorney of thc cour*: sud that bail
was allowed, not aa a fa*, or to this re
spondent, bot as a matter of right to the
said defendant, and that, too, upon the
ter m s prescribed by the oourt, and after
an examination, by the oourt, of the
sufficiency of the sureties.
F. W. MaMASTEB
F. W. McMaster, having been duly
sworn, says that the matters stated in
the foregoing return are true, to the
best of bis knowledge and belief.
F. W. MoMASTEB.
Sworn to before me, this 2d day of |
January, 1872.
WM. K. BAOHMAN.
Notary Public
After reading the answer, Mr. Fiok
ling proceeded to argue tho points there
in set forth. He commenced with i
high tribute to the virtue, integrity, ho
nor and high character of Gol. Mo Mas
ter, as being incapable of committing
any act unbecoming a gentleman or a
practitioner of the court, and expressed
his astonishment at the action of that
angust tribunal, threatening such a man
with the heaviest and most degrading
punishment in its power to pronouaoe
a punishment which, when deserved,
was coupled with lasting infamy and
shame, and which w^s never indicted,
except upon evidence of fraud, corrup?
tion, or gross violation of duty.
Tho first question, however, said the
speaker, wbioh arises in this instance,
is, was the failure of Col. McMaster to
answer tho inquiries of the court a con?
tempt? Contempt is a well known and
recognized offence, the first element in
which is rudeness, defiance, or disre?
spect of tho court. Could the conduct
of Colonel MoMqster be so considered,
when he not even, refused to answer the
question of the court, but had merely
requested, in a oonrteoas manner, to be
excused from doing so?
Tho speaker then went on to show
that eveu admitting, for the sake of ?rgu
meut, that Col. McMaster 'a refusal or
failure to answer the questions of the
court, might be construed into con?
tempt, the punishment inflicted could
not, by any authority, be more than fine
and imprisonment; for neither fraud,
corruption nor gross violation of duty,
for which only au attorney's name could
be stricken from the rolls, bad been
shewn or even suspected. The speaker
dwelt ot Borne length upon the conti
dentis! gelations b?twflfln connsel and
client, aod olaimed that if Col. McMas?
ter had evon volunteered information,
received through Dr. Avery, aa to bis
departure, it would b,SV? heon the duty
of tho oourt to hove sealed his mouth.
The District Attorney, at tho olose of
Mr. Fickling'8 argument, arose and said,
that in the multiplicity of bis cases, he
had not hud time to give attention to
tho role against Col. McMaster; that the
refusal of Col. M. to answer was to his
mind sufficient proof of his complicity
in the escape of Dr. Avery; and that as
he thereby assisted in the obstruction ot
the due administration of justine, he was
amenable to tho severest penalty of the
court. He asked for tim", until to-mor?
row morning, |o pollute his authorities,
which the court granted; and there being
uo further business on hand, adjonrned.
-<*>#?>
MESSRS. EDITORS: Will you oblige os
by publishing the following?
On tho 27th of December, nt t};o cele?
bration of the festival of St. John's D,ay,
after the installation of officers for the
ensuing Masonic year, the members of
Biohjeod Lodge No. 80 presented Bro
thor P. M. W. T. Walter with a very
handsome jewel, which may be seen by
his friends in Mr. I. Sulabacber's store.
. ' ? ' Ta* .w .-ft*
The Master elect, Brother O T. Berg,
addreaeed Brother Welte? as follows:
WORSHIPFUL BROTH*?: The lodge baa.
assigned me two pleasing tasks, ia the
ereoulion of which I cuter the more
readily, as it ia to me a source of almost
inexpressible gratification The breth?
ren might bare selected a better spokes?
man than myself, bat they could not
have found one who beartiei endorses
the sen time ota whioh I am requested to
express. . . .
I am, first, to thank you, tu the name
of Bicnland Lodge No. 39, for the able
and faithful manner with jrhiph, sir? yon
bave discharged your' duties a* Master bf
this lodge during your administration.
This just appreciation of jour services is
the more due yon, inasmuch as yon, en?
tered your term ot office under trying
oir???MMtubv?. An exhausted treasury
a deranged set of booka, an officer rc
fusing to serve, after he had suffered
himself to be installed,' another officer,
who should have been a pillar of strength,
upon whioh yon might at all times lean,
proving a broken reed-these, sir? were
the trying circumstances whioh brought
distraction to each o&e of us. But,
thank Qodl we have weathered the fear?
ful storm; the clouds have passed, and
the sky smiles onae more calmly and
cerulean. Our nuances are improved,
and there is nothing to prevent the pros?
perity of the lodge. If we were men of
war, we would place upon your brow
the laurel wreath, which ia fairly yours,
for the interest you have taken in oar
well-being. Bat, since we are emphati?
cally men of peace, B?oh a token of our
regard would be misapplied.
My second task, then, sir, is to attach
this jewel to a breast whioh haa ever
pulsated warmly for Masonry and its glo?
rious mission. The intrinsic value of
this jewel, glittering though it be, is as
nothing. You will please estimate it by
the consideration that it oame from
loving hearts, who were anxious that you
should have a visible token of their pro?
per appreciation of your merits as a mao
and a Mason. Wear it, my brother,
with this proud ea ti sf action. Wear it
for many long years to come, in health
and prosperity; and when culled to the
eternal ?ast, may you appear before the
Eternal Grand Master as pure as this
jewel. It is not without its alloy; but
the precious metal is by far outweighing
the baser one. Allow me to fasten it to
its appropriate place, with the assurance
that your honest surprise is a genuine
pleasure to us, whioh we have long an?
ticipated, and now most heartily enjoy.
Brother Walter then replied as follows:
WORSHIPFUL SIB AND BROTHER: There
are moments in oar fleet career through
life when the heart throbs with grateful
pride, and the brain is dizsy from con?
tending thoughts, whioh rush through
the mind in rapid succession, and yet
language fails to express the emotions of
the heart. Snob, my brother, ia my
situation at the present moment. Ali
the tenderest emotions of my heart are
stirred within me, and thoughts chase
thoughts through my whirling brain in
snob rapid succession, that my tongue
fails to convey those warm emotions of
my heart whioh beat in unison with
those of my brethren. It would, indeed,
bo affectation in me to deny that I feel a
jost, honorable and grateful pride in
this demonstration of the love and
friendship of my brethren. When I
look back upon my past life, I see no
time or place when I needed the sympa?
thy and encouragement of my brethren,
that it waa withheld from me; and when
I remember that shortly af ter my admis
sion into tiip order, they gave me the1'
highest office of honor and power within
their gift, and continued me in it for
years, I feel my emotione of pride, tino-1
tured with those of humility, and regret
that I am so unworthy of thia crowning ;
act of their kindness and friendship, and
trust that I may yet prove worthy of
auch noble friendship. If, iu my Ma-1
sonio oareer, I have doue anything to
advanoe the interests of my brethren, or
that of Masonry, then, indeed, have I
been more than repaid, for to me it bas
been a labor of love, and.to you belongs
tho honor, you having supplied the ce?
ment of brotherly love and affection
whioh has cemented ns together in the !
past. Yon are pleased, sir, to refer to j
the difficulties of my past administra?
tion, and I cannot deny that there were,
indeed, sad trials to us all, bnt more ec
peoially to one who no longer possesses
the vigor of j onth. I am happy to say
that these dark clouds were almost as
quickly dispersed as they arose by
the bright sou of your intellect and
fidelity, and the financial prosperity
of the lodge placed on a firm basis; to j
your exertions, therefore, am I indebted
for the financial prosperity of my admi?
nistration. It is also true that where we
expooted strength and Bnpport-from the
West-wo found weakness, and the
pillar of strength fell from weakness.
This, my brother, only demonstrates the1
fact that mortals should not rely upon
their own strength, and teaches us that I
we should live more olosely to the teach?
ings of onr order, aud that we should
constantly put a watch npon onr actions,
and never commence any great under?
taking without asking-assistance from
above. It further teaches that "to err
is haman," and that we should cover the '
faults of each other with the broad
mantle of Masonic charity. I accept
this jewel aa a tolson of that deep
friendship and love which my brethren
have always exhibited for me, and will
wear it as a memento of loving hearts.
Yon, sir, will pleaso accept my heart?
felt thanks for the very flattering man?
ner in which you have been pleased to
express the feelings of the brethren.
Convey to them my hnmhle aooreoiation
pf their kind prejudices iu my behalf.
Say to them, that if anything could
have enhanced the value of their token,
it is the roedinm through which it was
conveyed. This ie the more grateful, as
my brethren have selected one aa their
spokesman whom they knew to be my
warm and personal frjpndj one who is
tho first to exaggerate soy virtues I may
possess, and ready to cover my faults
with fraternal charity. I will wear and
cherish this glittering emblem of love
sod affection as ono of my dearest trea?
sures, and though I may not hand it
down to my children, yet during the re?
mainder of my life. j may point to it as
an evidence of "how good and how
pleasant it is for brethren to dwell to?
gether in unity." May its bright rays
illumine our pathway throngh (lie, and
enlighten onr minds, that we may bave
a better know led go bf the G. A. O. T.
U., and serye Him with freedom, fer?
vency and zeal. May we all )}o permit?
ted to meet ju harmony around the
heavenly altar, and when a o may no
longer be permitted to meet around our
sitar here below, may those who precede
os to the Great Grand Lodge above, be
snabled to vonob for us, so that, without
examination, we will be re-united in the
Celestial Lodge above.
r.ocal^ Item?. '
oeples/oi %,^I9WF ia .fivppfl^n,^,,
A completo outfit, with the e^wnjipu
of a press, for ? country paper ^ offered
ipr saie ai a veryW Jejp. tPartiouhws
?an be obtained at PaxEiox office,
. The PHOOOX office j? ?applied with ?ll
necessary ma teri?! f ot aa HhBdaOttejpityas,
bUl hsads?jROsters, |H?i?i.
ciroulare, au4 other pr io^?8 thai .?ey be
desired, aa any office intheg^rtb. .Give
us a enU?nd test on* wortf.** ?^gfeJS
Cuarter?n, wjflsfoept ?u? thanh*?or .an
interleaved copy of "Miller's Ainsenac,
Soi 1S7S.?1 Ms=s- Bi iHi MeDot?a?* ?
Od. (owners ?f W?lk?rV Vioe^;*It
ters) haye also furnished na with- a? in?
teresting little workman MnatraUd
history! and map of Chicago and tba
great fire. ? ***** <*...?<.;"?"*?.; ?
"Tb'e'?ear of Bateles,'' is f?ifti?)M
an ilioa tra ted work, fur whiuuMr. J. J.
MoOanta, of this atty? is agent. It is
said to have beeo prepared With great
care, by an experienced and akiHfol
writer on war t?pica. The prices range
from 82.50 to $3.50, aocordiog to bind?
ing. .? - ?* *. ..? y .
It is said that the twelve fi roi days of
January role the twelve months, pf the
year-j na tea the days are,' so will be tile
months. Watch and see if 'this be true
for this yetrr. ? . ?SJ
A good, man, who has, seep' much of
the world, and is not tired of it, ?aya :
.The grand essentials to happiness are
something to do, something to lote, and
something to hope for."
At almost every step in life we meet
with young men from whom we antici?
pate wonderful things, but of' whom,
after carefal inquiry, we never beer, a
word. The effervescence of youth and
passion, and the fresh gloss of intellect
and imagination, endow them wfth a
false brilliancy, which makes- fools of
themselves and other people. . Like cer?
tain chiaiz??, calicoes and giggfeftesft
they show finely on their first newness,
bnt cannot stand the ann and the rain,
and assume a very sober. aspect after
washing day.
S OT?EME COURT, WEDNESDAY, Janu
! ary 3.-Tho court met at 10 ?. M. Pre?
sent-Associate Justices Willard and
Wright.
The Eighth Circuit was called. The
following oases Were Btruok oft*:
Isaac L. Sibert ct at. ads. Wm. Lyon;
the same ads. Leonard W. Lyon; the
same ads. Geoige Sibert and wife.
The Trustees of the estate of Dr. John
DeLa Howe vs. W. P. Beloher and W.
W. Belober, administrator, et al. Con
tinned by consent.
Abel Hobbins vs. H. W. Kahtman; tho
same es. Bry Fretwell. Continued by
oouBent.
James M. Sullivan et aLt appellants,
vs. W. M. Thomas et al., respondents.
Continued by consent.
Wm. H. Parker, commissioner, ?So.,
respondent, rs. Franois L. Wilson, exe?
cutrix, appellant. Mr. Corbin for ap?
pellant; OPE. McGowan for respondent.
Wm. B. Jones, appellaut, vs. Henry
P. Hammett, executor, respondent.
Continued.
A. Detheridgo, appellant, H. B. H.
Earle, respondent. Continued.
At 1 P. M., the court adjourned until
Thursday, January 4, 1872,10 A. M.
MAIL ARRANGEMENTS.-Tho Northern
mail opens at 8.00 P. M.; doses 7.15
A. M. Charleston day mail opens 4.00
P. M.; closes 6.00 A. M. Charleston
night mail opens 6.80 A. M.; closes 8.00
P. M. Greenville mail opens 645 P.
M.; closes 6.00 A. M. Western mail
opens 9.00 A. M. ; closes 1.30 P. M. Op
Sunday offioe open from 8 to 4 P. M.
Lxax os NEW ADvaamsvatmrn.-- - *
Meeting Acacia Lodge. ;
J. A. Jackson-Notices.
Wilmington, Columbia Sc Augusta R.B.
P. Cantwell-Boasted Coffee.
W. 0. Fisher-Seeds.
J. & A. Oliver-Notice.
DON'T HAWK, HAWK, SPIT, Sm, BLOW,
BLOW, and disgust everybody with your
Catarrh and its offensive odor, when Dr<
Sage's Catarrh Remedy will speedily de?
stroy all odor and arrest the discharge.
THE SECRET OF CAPTIVATION.-Features
of Greoian mould, a well-turned nook
and beautifully rounded arms, are no
doubt very nice things to have, and
ladies who possess these charms have
reason to be thankful to Mother Nature:
yet, after al}, the most captivating of 411
womanly charms is a pure, fresh and
brilliant complexion. This superlative
fascination any lady may secure ny using
HAGAN'S MAGNOLIA BALM, the standard
beautifying preparation of the present
age. It diff?re from all ordinary coe*
metiesin three most eisen tia'l particulars,
inasmuch ?as it contains no injurious
ingredients, does not contract ,or
shrivel the skin, as all the astringent
"blooms," "lotions" and "powders"
eventually do, but produces a lasting
loveliness by improving the health of
the skin. Under its operationthe text
oro of the epidermis becomes finer, and
the surface son as veivev and auw?m M
porcelain. Features cannot be changed,
bot complexions can, and it is quite
certain that a lady with no other charm
than a fresh and rosy complexion, will
attraot more admiration in company
than her neighbor, with a olassio |a<
but a sallow s?in. J 4 iS
HAMurAoruaiMo EHTKBPHIAE IN CBABLBS
TON - Charleston is fast becoming a manu- ,
factoring as woll as a commercial city. The-'
largest manufactory of doors, aashea, blinds.
Ac. in the Mont born States ls ?hat of Mr. P.
P. TUA LE, on Borlbeck'a Wharf, in that city,
eales rooms at Mo. 20 Hayno street. Mr.
XOALE'B advertisement appears In another
column. Nov 34
-m ? y
The li ea vi est assortment cf plates,
oops and saucers, soup tareen*, pitcher?,
bowls, covered dishes, ?co., ever present?
ed to the public of Colombia, at asto?
nishing prices, by D. C. Petxbtto ? Bon.
Tho largest variety of tomblpr?, gob?
lets, wine and pharunqgno classes, at less
than factory prices, at D. C. Peixotto Sc
Son's.
Messrs. Hamilton Mitchell sad Samuel
J. Myers, well known oiUzona of Sum?
ter, died last week.
A Canton, 111., tobacconist has fallen
into a German baronetcy.