The daily phoenix. (Columbia, S.C.) 1865-1878, August 13, 1872, Image 2
-rember, 1871, and ending on the 1st of
November, 1872. Under this resolution
a tax was levied, whioh was payable to the
County Treasurers ou the 15th day of
January, 1872, (14 stat., p. 56, seo. 95.
AS amended by Act of Mn rob 8, 1871, 14
i.b. p. 619 ) The prooeeds of this tax,
with other sources of revenue, constitute
the fund to which the present questions
relate.
Tho appropriations for the flsoal year
1871, for tho puyruent of which the tax
of aoven mills was authorized by the
joint resolution above referred to, consist
of four separate Acts, passed previous to
the general Appropriation Act, making
speoifio appropriations as follows: By
Aot of December 21, 1871, (15 stat., 1.)
for per diem and mileage ul' members,
salaries of subordinate officeis und iuoi
dental expenses of tbe session of 1871
72, 3100,000; for outstanding pay cortifi
catos for pur diem uud milenge of mem?
bers and salarios of subordinate officers
of tho Hcssion of 1870-71, $100,000; by
Act February 5, 1872, (15 stat., p. 35.)
for per diem and mileage of members,
salaries of subordinate officers uud inci?
dental expenses, 8150,000; by Act Murch
4, 1872, (15 stat., 87.) for per diem of
members, salaries of subordinate officers
and employees of the session of 1871-72,
?100,000, and for per diem and mileage
of members and attach?es of the session
of 1870-71, $130,000; by Aot March 13,
1872, (15 stat., 233.) to supply deficien?
cies in appropriations for support of free
sohools for the fiscal year ending Octo?
ber 31, 1871, $75,000.
These Aots were followed, in the
order of time, by the general Appropria?
tion Aot, passed March 13, 1872, (15
stat., 274,) making appropriations for
the payment of salaries, expenses of
Executive department, judiciary depart?
ment, for ordinary civil expenses, extra
- ordinary expenses and for the educa?
tional department.
This general Appropriation Act con
taiued no appropriation to either legisla?
tive expense*, advertisiug, current or
permanent printing, or for the payment
?of asy notes or other obligations issued
>^rc to be issued bj the Statu Treasurer.
In addition to the foregoing, are certain
joint resolutions, directing paymonts to
bo made from the Treasury, all of whioh
fix a pecuniary limit to tho amount to
be drawn, or afford dates by whioh that
amount may be computed, except the
resolution of Decoin bur ll, 1871, author?
izing the printing of one thousand copies
each of Volumes X, XI, XII, XIII and
XIV of the statutes of the State, and
direoting that tbe cost of such printing
shall be paid on the certificates of the
Clerks of the Senate and House of Rep?
resentatives, out of any moneys in the
Treasury not otherwise appropriated.
The other joint resolutions ure respect?
ively dated February 27, 1872, (p. 287.)
March 12, 1872, (p. 291;) Murch 12,
1872, (p. 291;) March 9, 1872, (p. 288;)
March 9, 1872, (p. 290;) and March 13,
1872, (D. 292.)
Thu speoifio appropriations for the
fiscal your commencing November, 1871,
UH authorized by the foregoing Acts and
joint resolutions, were as follows:
For legislative expenses, September 7,
1870- 71, $230,000; for legislative ex?
penses of September 7, 1871-72, $350,
000; school deficiencies, $75,000; general
appropriation bill, 797,500; other appro?
priations for specific amounts, $3,832
ru'ikiug iu all a total of $1,270,382. Tu
this, must be added tho proceeds of the
capitation tax, devoted to education,
?and such amounts for printing and othei
purposes us are authorized by tue fore'
going resolutions, but not liquidated or
reduced therein to specific sums.
It appears, from accounts of money?
received nod disbursed at the Treasury
from the 1st of November, 1872, the
conimoucemeut of the present fison:
year, down to July 1, 1872, that the fol
lowin? sums hive boen received and dis
bu rsed :
Received OU UCCOUUt of tuxes Ol
1871- 72, $901.091.54; 1870-71, $76,
658.50; 1869-70, $22.148.28; 1868-69
$9,232 95; received from other sources.
$53,939.25-mukiug iu the aggregate,
81,123,07o- 52.
The disbursements during the sami
time were as follows:
On account of legislative expenses n
1870-71,869,007; 1871-72, $437,109 40
on account of advertisiug, $38,292 91
ou account of permanent, printing, $16,
006 07; on account of current printing
$58,675 61; on uccount of bills payable
$20,259.75; for all other purposes, $151,
370.14. Votai, $1,090,810.91.
It would, therefore, appear that if thi
appropriations for tho payment of legis
lative expenses of 1870-71 ure cntillct
to bo paid out of any ino ney.s ia tin
Treasury, there yet remains of that up
propriation undrawn tho sum o
$160,903. If that appropriation is payu
ble only out. of the proceeds of tho tuxo
of 1870-71, there still remains undrawi
the sum of $7,561.50, that being th
surplus remaining after deducting th
amount paid on account of legislativ
expenses for 1870-71, per the umoun
received during the present fiscal year
on account of the taxes of 1870-71. I
also appears that if the appropriatioi
for the payment of the legislative es
peases of 1871-72, is taken at the yura c
$350,000, the amount specifically appro?
priated daring the present fiscal year
thon tho payments on account of sud
legislative expenses of 1871-72 excoe
the appropriations thereof by the sue
of $87,109.40, without ohargiog th
amount paid ou account of bills payabl
to that sam; but if the latter amount i
added, the total over draft amounts t
$107,869.15.
At this point, tho quos!ions of la'
raised upou the argument present there
selves for consideration. It is content
ed, on behalf of the plaintiff, tbut th.
specifio appropriations for legislativ
expanses were uot entitled to be paie'
uolcss there was a surplus of moucy i
the Treasury, applicable thereto, lefi
after making provision for the puymet:
of all of tho appropriations made by th
general Appropriation Act. On th
other hand, it is contended by tho de
fendant that (he joint resolution passed
March 12, 1872, was au unlimited appro?
priation, for Hie purpose of authorizing
the payment of certificates for legislative
expensen.
The two propositions just ?datad em?
brace all that is to be considered, so far
as it regards tho payment of legislative
expenses for the sessiou of 1871-72.
They will be considered in the first in?
stance. The bearing of tho proposition
advanced oe just stated by the plaintiff,
is to call in question the validity of pay?
ments already mude by the Treasurer on
account of legislative expenses of 1871-72.
The motion before mo is confined to tue
inquiry whether tho Treasurer is autho?
rized by law to muko further payments
on that accouut. So fur as tho question
of liability on account of past payments
is made, it can only be determined on
tho triul of the issues before tho Court
of Common Pleas. I cannot go further
than to inquire whether he can legally
make further payments, with the view of
arresting such payments by an injunc?
tion, in the event that no authority ot
law exists for making such payments. It
appears, therefore, tobe unimportant to
tho present inquiry, whether tho true
construction of the Acts making specific
appropriations foi: the payment of legis?
lative expenses of 1871-72, in their rela?
tion to tho general Appropriation Act,
warranted the payment of the amounts
thus specifically appropriated; for the
Treasurer bas already exceeded tbe
limits of suoh specific appropriations,
and, therefore, the question of making
further payments under such specific
appropriations is not before me. On the
other hand, unless the Treasurer oan
show that some warrant of law exists,
independent of such specific appropria?
tions, for exceeding their limit, it is
clear thut he is not entitled to make fur?
ther payments on that account.
There is no authority for making
such further payments, unless conferred
bv thu joint resolution of March
12, 1872, (15 stat., 200.) That resolu?
tion is as follows:
"I?c ic Resolved, tte, That the State
Treasurer is hereby authorized and re?
quired to pay the certificates of the
members and subordinates of the Gene?
ral Assembly, issued by the Clerks of
both houses, and having the signatures
of the President of the Senate and
Speaker of the House of Representa?
tives, in United States currency, gold or
silver coin only. And he is hereby au?
thorized to borrow, on the faith and
credit of the State, a sufficient amount
to cancel said certificates."
The direot objects intended by the re?
solution was to fix the kind of currency
in whioh payment of such certificates
! should be made, and to provide a fund,
by borrowing, for the payment of such
certificates. If this resolution is to be
regarded as making an appropriation for
the payment of such certificates, the
fund appropriated is that which might
result from the exercise of tho power of
borrowing thereby conferred. The ex?
pression "gold nnd silver aoin only," is
fully explained by reference to Section 5
of the "Act to relieve the State of South
Carolina of all liability for its guaranty
of the bonds of the Blue Ridge Rail?
road Company, by providing for the se?
curing and destruction of tbe same,"
(15 stat., p. 81,) where the Treasurer is
authorized to pay oat the revenue bond
scrip created by that Act, "in satisfaction
of any claims against the Treasury, ex?
cept for iuterest that may be duo on the
public debt." The direot object of the
first clause of the resolution was to ex?
clude the use of such scrip in the pay?
ment of the certificates for legislative ex?
penses. This construction fully satisfies
the expressions contained in the first
clause of the resolution. If its force or
effect is to be enlarged beyond this, it
must be by an implication drawn by ap?
plying the rules of construction to the
language employed.
Such an implication cannot be raised:
for the masons, first, the last clause looks
to a specific fund for the payment ol
such certificates, to wit: money borrowed
for tbat expross parp?se, and excludes
tho idea that the general funds iu the
Treasury are to be employed for such
purposes; second, previous legislation,
at the same session, had fixed u limit ba?
youd wnich tho ordinary revenues of tbi
State should not be applied to such pur?
pose, und tho resolution neither inti?
mates a purpose to repeal or mo di l'y
such limit, nor employs terms or expr?s
sions inconsistent with the efficacy ol
such previous legislation.
The question of tho valfdity of thit
authority to borrow money on the faitl
and credit of the State will be hereaftci
considered; but, for the preseut purpose,
assuming that such authority existed
und the conclusion is, that tbe fand re
suiting therefrom is the only fund ap
propriuted by tho joint resolution ir
question, it, therefore, is to be con
eluded, that tho joint resolution ol
March 12, 1872, does not oonfer upoi
the Treasurer power to pay in excess o
the sum of $350,000, specifically appro
priated for that purpose, ou account o:
legislative expenses of the session o
1871-72, and having exceeded that limit
further payments would be without tin
authority of law.
It may be observed that the account!
furnished by the Treasurer do not sbov
any funds in the Treasury derived b"
borrowing, under tbe authority of thii
resolution.
The appropriations for the pay men
of legislative expenses, ns it regards tin
session of 1870-71 aud 1871-72, aro dis
tinct and independent appropriations
and an undrawn balance of the appro
priution for 1870-71 cannot ho appliet
to the payment of the certificates for tin
session of 1871-72, in excess of tho di
rect appropriation for that purpose
The object of an appropriation is two
fold-to authorize the application of tin
funds of tho State to a specific pnrpose
and to limit the extent to which the;
! shall bc so applied. The limit impos?t
by the specifio appropriations for th
expenses of 1871-72 exhausted thepowe
of tho Treasurer to pay from auy fun?
whatever, even though that tanti results
from the unexpended balance of another
appropriation.
The objection to tbe further payment
of certificates for the legislative expeuses
of the session of 1870-71 rests in part
ou tho ground already noticed as taken
by tho plaintiff*, aud, iu part, on the
proposition that tho prooeeds of a tax
eau only bo applied, under the Constitu?
tion, (Const., Art. II, Seo. 22; Art. IX,
Secs. 2, 4, 12,) to the ordinary expenses
of the State Government for the fiucul
year to whioh tho law authorizing such
tux rel?tes.
It will not bo necessary to consider
these propositions, broadly, in order to
dispot.o of the present question, so fur
as it relates to a further payment of cor
tificates for legislative espouses of thu
session of 1870-71, for thesu are peculiar
features, relating to the appropriations
for this specific purpose, affording ground
for disposing ol' that part of pim uti H's
motion.
The expenses of thu L?gislature for
the cession of 1870-71 are clou riv ordi?
nary expenses of the fiscal year 1870,
und the moneys received under thu tax
levy authorized to meet the appropria?
tions for the last naui'--d fiscul year nie
cleurly applicable to thu pay meut ol such
claims, providing appropriations for that
purpose wero mudu uy the Legislature.
As bar. been already stated, there hus
been received iuto thu Treasury, duriup,
tho present fiscal year, a sum, on ac?
count of the tax levy for the fiscal year
1870, iu excess of thu amount paid by
the Treasurer ou account of legislative
expeuacs of the fiscal your 187U. There
eau be no questiou that thu appropria?
tions made during the present fiscal
.year, for the payment of tho legislative
expenses of the preceding fiscal your,
are valid, at leust so far as it regards
funds derived under the tax levy of that
year, g$\d received into the Treasury
durind^no present tisoal year. AK, there
fore, that fund is not exhausted, the
question of whether the proceeds of the
tax levy for the present fiscal year can be
charged under the apppropriations tc
the legislative expenses of tho preceding
fiscal year, cannot be regarded as fairly
preseuted for decision uuder tbe facts ol
the case, as it stands before me.
The next question to be considered it
whether authority exists for tho Treasu?
rer to make future payments on accouul
of current or permanent printing.
No provision was made for this object
of expenditure by the general Appro
priatiuu Act of 1871-72; nor is there
any legislative aotion ot' that sesaior
brought to notice' that can be construec
as au appropriation either in substauci
or form.
The Constitution provides (Art. 2, sec
22.) that "no money shall be dru wu fron
the Treasury but in pursuance of un ap
propriation made by law. " This claus*
is again repeated iu Art. 9, nee. 12.
It is contended, ou behalf of the do
fendants, that certain legislative pro
ceedings, taken in the session of 1870 71
amount to aa appropriation for this ob
ject, within the sense and meaning of tb*
Constitution, so as to aui hoi izo the Trea
surer to pay accounts for current aut
permanent printing, that have accrue*
during the present fiscal year.
The action relied on is as follows: B;
au Act passed January 23, 1871, (1
stat., 532,) the Clerks of the Senate am
House of Representatives were author
lied to oontract for the permanent um
current printing of the General Assem
bly, subject to the approval of sad
contract by tho Senate and House o
Representatives. Section 4 directs tb
Treasurer to pay all accounts for sud
work out of auy moneys in the Treasur
not otherwise appropriated: Provided
That the bills for saoh work are dui
certified by the Clerks of the respoctiv
houses.
It appears by tho reports sod resole
tious of the General Assembly for th
years 1870 and 1871, (p. 1,425.) that
contract was made, ander tho autLorit
of the last mentioned Act, and was ap
proved by a resolution of the Senate, o
the 6th of February, 1871, with whic
the House of Representatives concurre
on tho 7th day of February, 1871.
The contract is as follows: "The Stat
of South Carolina. This mcmorandut
made aud entered iuto at the city c
Columbia, on the first day of February
in tho year of our Lord ono thousau
eight huudred and seveuty-ouc, by au
between the Republican Printing Con
puny, on tho first p.;rt, aud Josephu
Woodruff, Clerk of tho Seuato, and ?
?. Jones, Clerk of the House of Repn
seutatives of the said State, ou th
second part, wituesseth: Thut the sai
Republicau Printing Company do herob
agree to publish and priut tho wor
hereinafter described, at the prices an
for thc considerations hereinafter to t
named, to wit: Tho daily journal
calendars and other current work, at tn
dollars and sevonty-Qve cents per pag
of one thousand seven huudred aud tu
ems of Loag Primer type. The bill
six by eleven inches, contaiaiug tvi
thousand one hundred and seventy ems <
Pica type, at three dollars per pago. An
so much of the permanoat work ns it
eludes tho journals, reports aud rosoli
tions, oue thousand copies, at three do
lara and forty-eight cents per pago <
ono thousand seven hundred und fit
ems of Long Primer type, to bo stitcbe
aud bound together in good pap?
covers. For so much of tho permanei
work us includes the Acts, one thousarj
copies, at four dollars and tbirty-s
cents per page, to be stitched ami bonn
together in good paper covers. Ru
aud figure work, double tho foregoir.
rates ure to bo allowed per page of or
thousand seven huudred ami live em
And tho said party of tho P.rst pa
hereby further agrees that tho cutii
work will bo printed ou good paper, au
executed in a workmanlike manne
Aud tho said parties of tho second pal
by virtuo of, aud in accordance with, f
Act entitled 'Au Atjt to provide for tl
publication of thu Acts, reports, resol
tious, journals and other pupers of tl
General Assembly,' do hereby agree
pay tu tba said party uf the that part the
prices hereinbefore stated for the work,
as aforesaid. lu testimony whereof, the
said parties have hereunto set their
hands and seals, tho day and year first
above mentioued." The coutraot is
Bignod and sealed by tho Republican
Printing Company, J. Woodruff, Clerk
of the Se' ate, and A. O. Jones, Clerk of
House of Repr?sentai ives.
This coutract is an engagement to
print all tho work required to be printed
by the General Assembly within the de?
scription of current aud permanent
printing, at certain fixed rates, lt does
not designate, all the work intended to be
included in tho classes designated per?
manent and current, although certain
descriptions of work are designated as
appertaining respectively to these classes.
Other kinds cf work than I hese specifi?
cally enumerated are contemplated, both
by the terms of tho contract and of the
Act under which it was made. It does
not preclude tho Legislature from de?
termining, from time to time, as thc
public convenience may require, both the
lauds aud quantity of mutter that shall
be printed, within the description of
permanent and current. The amount to
be claimed under this coutract ia not
capable of being ascertained by uu ex?
amination of the action of thu Legisla?
ture alone, but eau only bo determined
lifter ascertaining the union nt ol work
performed by the direction aud wit li thu
sanction of the General Assembly. It
follows, therefore, that iu the absence ol
a specific appropriation, and iu the ab?
sence of legislation determining what
kinds uud quantity of work shall be an
unally printed, there is uo legal limit tr
the amount of money that may, iu au\
year, be demanded uuder this contract,
and nothing by which that amount, i:
capable of being computed.
Tho question here arises, ure the Ad
authorizing this contract, and thu subse
quent approval of the contract, equiva
lent to an appropriation, in the souse o
that portiou of thu Constitution pre
scribing that "no money shall be drawt
from the Treasury but in pursuance o
au appropriation made by law."
Tho clause just mentioned contem
plates two things-that there shall be ai
appropriation, aud that it shall be madi
by law. What is au appropriation, then
in the sense of the Constitution? Ni
authorities defining the import of th
term appropriation have been referral
to ia the argument.
Although the clause of the Constitu
tiou in question is primarily a limit o
the powers of the executive officers con
trolling the moneys in the Treasury, ye
it is reasonable to conclude that it wa
intended, to some extent, to give a foi
mal character to legislation intended t
authorize the drawing of moneys fror
the Treasury.
It certainly cannot be successful!
maintained that, to constitute un apprc
priation in the sense of the Constitutiot
tbe legislative action must conform to
certain formula, such as that followed i
the cane of tho annual Appropriatio
Act. The practice of legislative bodii
does not warrant such a conclusion ft
appropriations habitually assumed i
variety of forms. That such is not tl
legislative sense of the term is clea:
and the constitutional sense ought t
conform to the legislative souse.
Ou tho other hand, it is equally clec
that an appropriation must go furthi
than to designate an object toward whic
the moneys of tho State may be appliot
and confer authority on the Treason
to apply them to an indefinite exteu
To draw the line theoretically aud prai
tically between these extreme views,
essential to the present question.
The sound conclusion would seem I
be, that an appropriation, taken in tl
sense of the Constitution, should ni
only indicate tho objeot for the disburs
ment of public moneys, and confer a
thority for that purpose, but shou
either impose a pecuniary limit, o
taken by itself, or iu conjunction wii
other legislation, should afford means
ascertaining the exteut to which sui
disbarsemcnt uhould be made.
It is necessary to look moro close
into the proposition already enunciate
that the idea that un appropriation th
simply indicates au object, and anthe
izef thc disbursement of public mono;
toward such object, without limit as
tho exteut of such disbursement, do
not satisfy tho expression and intentii
of the Constitution.
If tbe object of that clause was limit
to simply requiring that overy paymo
uhould have the authority of law, a sii
oler form of expression might have be
used. For instance, it would have bc
sufficient to have said that "no mon
shall be drawn from the Treasury but
pursuance of law." If that was tho ot
limit upon the authority of the Legis
tare, it might have been competent I
that body to have authorized tho pu
mont of any legal demand against t
State, without uny expression on t
part of tho Legislature sanctioning a
gitimizing such particular demand,
other words, tho Legislature might ha
said to the Treasurer, in effect: "Y
are authorized to pay any just domai
that is made against tho State." Anti
ri ty of this natnre conferred upon t
Treasurer would wholly destroy tho ii
of nu appropriation as essential to i
thorizo payment.
But the clause under considerate
contains terms that aro capable of bei
construed so as to have un adtlitioi
meaning and souse, yet which, up
tho construction just supposed, wei
be wholly without iorco and effect. 1
words iu question aro: "But in pur
ance of au appropriation." It is a tis
rule of construction, that all parta o
law, capable of being made effectu
must have weight in construction. /
plying this rule, wo must look for so
particular sense and menning ns at tad
tothn idea of "au appropriation mu
by lllW." CONCLUDED TOMO1.I.0W
-- --? . - -
Messrs. Matthew Ogilvie and 1
mund Yates, well-known citizens
Charleston, died last week.
COLUMBIA. S, C,
Tuesday norning. August 13,1872.
For President nf the United States.
0 110 ll A ( IO tiit.KEL.EY-. ot New York.
For vice-President
li. (.Il V I Z BttOYVN, ur ftllaaour).
SSIilrlclitg thc Issue.
As wo expected it would do, tho Union
yesterday did uot attempt even to sns
taiu the question it had ruiscd with re?
gard to tho public pi i uting. Instead,
we were presented with u striug of dirty,
abusive epithets against this journal.
To such things, we reply outside of our
paper, as we have done in tho present
instance, aud we presume we have had
the end of it. The ring organ has ro
pjutedly charged that we received the
same patronage which it does from the
State. We bavo shown where it has
presented oue bill for two-und-half
mouths' advertising, amounting to
Si3,100, which alone is live times more
than the entire account of the PHOSIX
for the lust fifteen months. This is a
suOicieut answer ou that point. As to
what part of the plunder of the ring the
Union receives for its obsequious sup?
port, we have never made any specific
charge. From tho nature of the case, it
is impossible to ascertain just how much
mouey Parker hus contributed to the
Union. This we know, however, that
the Union has, in seasou aud out of
season, showed itself the williug tool
and advocate of the ring in all its ras?
cally schemes to rob the people of South
Carolina. Is is scarcely possible that
even the Union would engage in such
dirty, disreputable work, without a cou
siderutiou, and a heavy one, ut that.
The inference here is irresistible.
There is no need of specific facts. How,
or when, or under what pretext, tho
mouey passed to the Union, no oue
knows, nor will perhaps ever know. To
puy exorbitant rates for work doue for
the State, would be the cheapest and
easiest method for the ring to render its
tool a '/?/Iii pro quo. Thirteen thousand
one hundred dollars is no trifling pay for
two montbs-and-a-half, work iu the way
of advertising. If ull the Union's bille
are filled up proportionally, it is very
easy to see where its share of the spoils
has come iu.
It is unfortunate for the Union that it
referred to the publication of the delin
quetit tax list, which escaped our mind
ut the time of writing our previous arti'
ole. We did publish the list, justas thc
Union did, and while our bill amounted
to $150, the Union charged $600 for tb?
very identical work.
What the Union soys about tho cib
printing is simply untrue. The Pncesn
received not one single dollar more,
under its contract to do the city print
ing, than the contract called for. Whs
a Mit ional money was received was fo
other and extra work, in nowise con
nected with the contract-such as, fo;
instance, the publishing of the ordi
nances, in book-form, which work tb
PHOENIX received from Mr. Tradewell
who compiled the ordinances, and no
from the City Council, but which wa
paid for by that body, upon certificate
from the business manager of the Be
publican Printing Company (with wilie]
the editor of the Union was former!,
connected) and another disiotereste
practical printer, that the charge for tb
work was reasonable. Be it remembered
too, that a Republican Council wa
forced to call for bids for tho city priul
ing, owing to exorbitant charges by th
Union. Tho PHOENIX was awarded tb
contract, being the lowest bidder.
It is idle to talk to tho commuait
about the late Radical Council showin
any favors to tho Pneesix, when ever
ono knows that we were bittorly autagi
oistic, aod that the Pncexix was chief]
instrumental iu unearthing the stapci
dous fraud contemplated ia the buildin
of the aew City Hall, aad io thus savin
to the citizens some $50,000. Ia th
uadertaking, tho Union lent no nssis
ance, ai it has lent none ia aoy otbi
hoacst aad patriotic work looking t
tho true iaterests of the State or cit}
Depeadeot apoa the thieving State oil
cials for its daily bread, it knows rj
higbor duty than servilely to obey the
behests.
? ? ?? ?
In the latest anmber of Harpe)
Weekly, Mr. N?st gives us ono of b
most disagreeable caricatures, for wlu
ouo finds in a Journal of Civilization
pictorial burlesque of the Saviour
maokind, his feeliogs are likely to 1
anything but pleasant. lu the carie
lure alluded to, Mr. Greeley is represen
ed kneeling oa "a nigh mouutain apart
and tempted by Satnu, to whom he w
not say, "Get theo behind me." Tl
i picture might bo fuuuy, were not tl
{allusion blasphemous. lu the san
! paper is un illustration, representit
Sumner weeping over tho grave of "Bu
ly Brooks " This so-called civilizer co
tains weekly flings and insults relative
the Southern people, and how it can 1
S tolerated in auy Southern family is
j mystery to us. Let it bo tabooed.
Bocal Items.
CITY MATTERS.-The price of gingie
copies of the PHONIX. is fi vo oents.
We have been furnished with a copy
of the Merchants* Banking and Legal
Bireclory of the Western and North
western Stales, published by John W.
Paul, Chicago, UL, for bankers, attor?
neys and wholesale merchants and ma?
nufacturers of Eastern aud Western
cities. This publication is deemed one
of the most reliable in theoountry. In
the directory of banks aud bankers in
the principal cities iu the Eastern and
Southern States, we notice the name of
A. C. Kaufman, Esq., of Charleston-a
go-a-hend business mau, as is well kuown
throughout the country.
Tho local of the Union must have been
in a Mood for misrepresentation, when
ho stated that the typo who gave the
mule bad advice did not stick Republi?
can typos.
We huve heard rumors tbut a woman
stabbed a man at the Caldwell meeting,
Friday night. No names have been
mentioned.
There was considerable discussion
among the members of "the party," on
Saturday afternoon, in relation to the
editor of the Union "jumping a vote" in
tho convention held that day. He is
used to jumping, though; he jumps the
question whenever we go for him.
The catalogue of Erskine College, (lo?
cated at Doo West, Abbeville County,)
has been received. Tho institution is in
a flourishing condition.
General Ransom, of North Carolina,
is at the Nickerson House.
The following resolution was passed
ut the Republican meeting on Saturday:
Resolved, That this Convention do en?
dorse the Hon. F. L. Cardozo, for
Treasurer of the State, for the next four
years.
Genuine green turtle soup will be
served up, to-day, at Fritz Konemau's
saloon, opposite the market, from ll to
1 o'clock. Families supplied with steaks
and soup by sending early.
Mayor Alexander will accept our
thanks for a copy of the Renfrewshire
(Scotland) Independent, of the 20th ult.
Owing to the inability of President
Cooper, of the first Republican Ward
Club, to control the members, he was
forced to adjourn the meeting last night.
The Pollock House thermometer
recorded as follows, yesterday: 7 A. M.,
78; 12 M., 90; 2 P. M., 91; 7 P. M., 82.
Prof. Bochar gives a capital pro?
gramme at the garrison grounds, this
afternoon :
Polonaise-Appitus.
Overture Nabuco-Verdi.
Quadrille-Royal Cirque-Middleton.
Song-Refagee-Hays.
Florence Quickstep-Keller.
We are highly gratified to state that
Dr. Ensor has made arrangements by
which the Lunatic Asylum ?ill be kept
afloat, without material difficulty, until
the meeting of the Legislature.
Mr. Steiglitz's building, a few doors
; below the PHONIX offioe, under the skill?
ful direction of Mr. Jacobs, is being
? pushed forward rapidly. His oven is a
curiosity.
SUDDEN DEATH.-The body of Mr.
John A. Hendrix arrived in this city,
yesterday. He died after a short illness
of inflammation of the brain, at the resi?
dence of his uncle, at Hickory Station,
near Raleigh, N. C. His age was about
twenty years.
SUPREME COURT, Monday, August 12.
The Coort met at 10 A. M. Present
Chief Justice Moses and Associate Jus?
tices Willard and Wright.
The State, ex rel. C. J. Stoibrand, Su?
perintendent of S taje- Penitentiary, vs.
Niles G. Parker, State Treasurer. Mr.
Tradewell submitted motion for further
proceedings on the return of the re?
spondent. Mr. Chamberlain contra.
Tho following decisions were rendered:
The State vs. Geo. W. Rankin. Mo?
tion for new trial granted. Opinion by
Moses, C. J.
B. J. Cureton aud Alice M., his wife,
vs. J. J. Watson. Order of Circuit
Judge set aside. Case remanded to Cir?
cuit Conrt for York County, that neces?
sary orders may be hud. Opinion by
Moses, O. J.
The Court then adjourned till next
regular term, commencing 4th Tuesday
in November, at 10 A. M.
PncENixrANA.-This life is full of de?
ceptions, and I would hate to bet that
every nico boot hides a whole stocking.
Since ladies are wearing newspapers
for bustles, publishers complain that
their fair subscribers are more in "ar?
re?is than ever."
Grant declines to accept the invitation
?of the Chattanooga Common Counoil to
pass a portion of the summer on Look?
out Mountain. He cannot abide the
lookout just nt this time.
"Send ni wives," is thc cry from Wash?
ington Territory. Here is a lino oppor?
tunity for people who have any of the
commodity they wish to get rid of.
LIST OF NEW ADVERTISEMENTS.
Dr. Tutt's Sarsaparilla, Ac.
Chas. S. Venable-University of Va.
D. A. Pressley-Y. M. C. A.