The daily phoenix. (Columbia, S.C.) 1865-1878, August 14, 1872, Image 3
TC jai Ju^q-RAg'JaciQ
Foreign Afr.Ur*.
LONDON; Aagdst 18.-Princess Helena,
wife of Prince Christian, has given birth
to a daughter.
Representatives of the London press
entertained Stanley at the Garrick GI ul).
A Bpeoial despatch from Madrid to the
- London Timen says King1 Amadeus has
not, as reported by telegraph from that
city, Bigned a decree providing for the
gradual abolition of si a very in Ouba and
Porto -Rico. The document which Ile
has signed is simply n code of rules, pro?
viding for the on forcement of the law
passed by the Cortes in 1869, making
preparations for tho emancipation of the
slaves in the Spanish colonies.
GENEVA, August 13.-A ootton fac?
tory was burned to-duy; loss 10,000,0JO
francs, 800 are out of employment.
American mutters.
CHARLESTON, August 13.-Arrived
Steamship Gulf Stream, Philadelphia.
WASHINGTON, August 13.-Grant U
expected for Friday's Cabinet.
Probabilities-The low barometor iv
Southern Michigan will move Eastward
ly, with threatening weathor und rain,
and Sonth-westorly and North-easterlj
winds over the lower lukes. Cloudy auc
threatening weather, with occasional ruir
areas, over New York aud New England
Ou the South. Atlauticund Gulf, variabl
Southerly aud. Northerly winds, witl
partly cloudy weather and rare coas
rains. Clear weather and Northerly ant
Westerly wiuds in tbe North-west ant
the Mississippi aud thu Ohio valleys oi
Wednesday.
BALTIMORE, August 13.-O'Baldwii
was arrested and released on 82,000 bai
not t? fight m Maryland. Maco was no
arrested.
NEW YORK, August 13.^-Six oases o
sun-Btroke were reported yesterday
There were several showers, -accompli
nied by lightning aud tbnndor, Ins
night, and continuing this morning til
10 o'clock, when it cleared- again, uni
has become extremely bot.
A Greensboro, N. G., despatch say
that a negro named Jim Johnson wa
arrested there, yesterday, for au attemp
to poison a party of twenty-six on th
occasion of the'commencement of Rev
Fontuin'a Female Academy, at Reid
ville, on the 6th instant. Johnson, ti
avenge himself for a supposed grievanc
by F?ntain, poisoned the ice cream
which he had been direoted to freeze
and the entire supper party of twenty
six, including many young ladies, be
longing to the elite of society, wer
subsequently seized with poisonou
symptoms. No one has yet died, bu
the physicians Bay several will not rccc
ver. Whim arrested, Johnson calle
upon the negroes to rescue him. Th
community threaten him with lynching
It is expected the political discuBsio
betweou the colored men Sauuders (fe
Greeley) and Garnett (for Grant) wi
take place Thursday evening. A olia
lenge has been sent by Saunders to Rm
W. F. Butler, a Grant colored man, it
viting him to meet his colleague, Georg
W. Halton (for Greeley) in like manne
Senator Henry Wilson returned hen
yesterday, from Indiana.
A Washington despatch says that Co
Whitely, ohief of .the secret service d
V?B?OD, reports in favor of the pardon <
Collina and seventeen others ol tue E
Klux from South Carolina, imprison!
at Albany. Collins was one of the pe
sons for whom Gerritt Smith had inte
'Coded, and is au illiterate, simple-min tit
mah of 'seventeen years. The Otb
casca aro analogous to Collina*. Colon
Whately reports against. tbe pardon >
1 Brb-wju,- for whorn'a recommendation w
m^e- bj MK'Smith, but makes no r
commendation;in the remaining fort
six . cases; . It is understood that tho
recommended' for pardon will be relearn
immediately.'
A private telegram from Rome to Aro
bishop MoCloskey, announces the a
poiutmeut of-Right Rev. Wm. Hen
Elder. Bishop of Natchez, to bo Arc
bishop of Baltimore, to succeed the h
Archbishop Spaulding. Bishop Elder
a native of Baltimore, where he was bo
in 1812.
Some excitement hos boon caus
among the residents on Staten Island
the. arrival, yesterday afternoon, of
Spanish war ship, with yellow fever
board. Strict quarantine is to bo md
fained. It is hoped tbe scourge will r.
reach the city.
NEW ORLEANS, August 13.- The Pint
back Republican Convention had
stormy session last evening. Gen. Hu
J. Campbell spoke in favor of an alliai
with the Liberals, and endorsing Gr
ley, stating that if the motions failed,
would withdraw. The proposition
fuse with the Liberals was lost, by 87
198. Campbell/ . the President, w
eighty-seven members, then withdn
Col. G. W. Carter also doolared
Greeley. Pinobbaok doolared that a J
publican Government in this State oo
not behad under the leadership of Gra
NEW YORK, August 18.-It has bi
ascertained that twenty on the ram 1
manoia are suffering from yellow fev
and it is nnknown how many inoipi
oases there are. Six men died on
passage from Havana to this'port, t
the seventh died a few hours ago. 1
remaining sufferers will be removed
the hospital to-morrow. The Nu m ut
is being fumigated. J!
Wadesworth. & Go., this morning,
tilled the Stock Exchange of their 1
ure. Some few buudred shares of st
was sold out for their account.
LYNN, MASS., August 13.-A la
meeting of Crispins adopted the foll
ing: While we recognize the righi
manufacturers to offer such terms as
tice and a regard for their own inter
may seem to require, we also shall as
and maintain, at every cost and et
hazard, our rights to bolong to and ]
tioipate iu any organization, social,
dustrial, religious, political and bei
oiary, whioh, in our judgment, is 1
and proper, and any attempt on the
of any one to abridge or obstruot e
rights is a vile and indefensible intot
once with personal liberty.
WASHINGTON, August 13-Evening.
Colou?l Whitely, chief ol the detective
foi-oe, has addressed the following letter
to Attorney-General Williame:
NEW YORK, August 9, 1872.-SIR: I
have the honor to acknowledge the re?
ceipt of a communication from your de?
partment, under date of the 2 1 instant,
enclosing tho copy of a letter from Ger?
ritt Smith, Esq., addressed to the Presi?
dent, in relation to those oonviots in the
A'bany penitentiary who were convicted
of violations of tho Eufcrcoment Acts,
and requesting mo to go to Albany,
make u thorough investigation into the
condition of these prisoners, and report
to the department my views as to the
expediency of exercising executive clo
, mency iu rogard to any of them. lu ac?
cordance with your request, I proceeded
to Albany on the 7th instant, for the
purpose of fulfiling the duty assigned
me.
As a mcaus of conducting my inqui?
ries in a manner best adapted to arrive
at all tho facts iu the caso, and also to
lend tho prisoners to express themselves
as freely ns possible, I deemed it best to
seo each of the parties separately, with?
out any knowledge upon their part as to
my official character, or the object of my
visit. In this, I received the fullest aid
of Mr. Eouis D. Pillsbury, head keopor
I of the penitentiary, who brought each
prisoner in separately, with tho simple
remark to each that "this gentleman du
sires to talk with you."
Tho prisoners wero mainly frank and
communicative. Some of them aro very
poor and unlearned, and have left large
families behind them; und while ac?
knowledging that they wero members ol
the y??yu? orders of the organization
known, under the general hoad of En
-Klux' Klan, and that they had boen just?
ly .sentenced as such, plead, in extenua?
tion, ; that' they had joined tho ordei
.without- u full, knowledge of its uithi
and objects, and had been incited tc
deeds pf violence by their leaders, whe
had managed to escape from tho country
leaving them to bear the responsibility
and the punishment of'their misdeeds
A number of them stated that they hat
been compelled to join the order to sav<
themaelvea and families from visitation;
of the klan; others had entered into itt
rauks under the supposition that it wai
a aooiety organized for mutual protea
tion, but learned, subsequently, that it
real designs were the extermination o
tho negro race, and tho driving out o
such of the whites as wara in favor o
tho political equality and social olevatioi
of the blacks.
They severally expressed the hearties
contrition for their misdeeds, and state
that the organization was ono iuimicn
to the best interests of society, and thu
tho Government waa fully justified i
breuking it op. In further exteuuatio
of having beun members of the ordei
they stated that tho operations of th
Ku Klux Klan were wide-spread, eu
oracing within its folds men of superic
intelligence, to whom they hud bee
accustomed to look for advice and com
sel, and whom they did not supp?t
would lead them into any oombinatiot
that contemplated personal violeno<
and even murder, if these were neoessat
for the accomplishment of its end
They were told that it was a good inst
tution, to put down meanness in ti
country, and they accepted thestatemei
implioity.
Upwards of forty examinations we
made in the manner above indicate;
neither-prisoner knowing that any oi
but himself had beeu called out-, ai
none of them being aware, as before o
served, of my official position, or tl
object of my visit. There was a sing
lar unanimity in their statements, and
general expression of regret that th
should have bisen drawn into an orgai
zation differing so entirely in the obje
which they supposed it had in view wu
they joined it. In reply to the genet
question, what wero : the objects of t
organization, the answer was almost i
variably, "When we joined the order,
supposed it to be a society establish
for mutual protection, but' after huvi
been fully initiated, discovered it to
for a politioal purpose, which purpc
was embodied in an oath, in which
Bwore to support the Radical party in
its forms, and prevent the negroes fri
voting. It was this great deception tl
misled us, aud which has brought us ii
our present condition."
The contritiou manifested by many
these prisoners, the hearty abuorrei
expressed by them for the acts iuto i
commission of which they claim tl
were betrayed by unscrupulous and
signing mon, of more enlightened min
their gomera! want of intelligence, t
their extreme poverty, all appeal Btron
for mercy. My views as to the expc
ency of restoring any of them to socic
thronen the exeroise of executive <
mency, are clearly in favor of sac
oourse with some portion of them, an
believe it moy be done in some of
oases not only with great safety,
fully in the interest of the public go
?n tbdso to Which I intend respect fi
to call your attention, the prisoners;,
pear not only truly repentant, but al
lutely ashamed-of the oourse which t
soetn to have unwittingly pursued. T
express themselves as anxious to ret
to the peaceful pursuits of indui
whenever the opportunity is nffoi
them, and to become law-abiding i
zens iu their respective communities
Col. Whitely thou names four pen
safely to be considered as proper i
joots for the exercise of executive
mency. They are old men, poor and
learned, and wero undoubtedly led
the Ku Klux order by misrepreaeutat
With regard to others, should it bo
intention of tho Govornmont to u
un extended exeroise of its elemone
that direotion, ho submits the nam?
eighteen persons whom he deems t
worthy of its consideration. As to
remainder of the prisoners who eut
the Ku Klux order, with a full knowl
of its real object, Col. Whitely sa
would not bo entirely expedient to <
eise the executive clemency.
Financial an J Commercial.
.LONDON! August 13-Noon.-Consuls
92>?. Bonds 92.
PARIS, August 13.-^Routes 55f. 60c.
LIVERPOOL, August 13-3 P. M.-Cot?
ton opened dull nod is now heavy-up?
lands 9%@9%; Orleans 10J?@10K.
LIVERPOOL, August 13-Evening.
Cotton closed heavy-uplands 9??@1JJ?;
Orloans 103g. Yarns und fabrics dull
but not (pintubiy lower.
NEW YORK, August 13-Noon.-Stocks
easier. Gold firm, ut 15,!?. Money
easy, at 3. Exohaoge-long 8%; "hort
9%. Governments dull but sternly.
State bonds quiet. Cottuu easier; sales
593 bales-uplands 2l%\ Orleans 22>?.
Fleur advancing. Wheat a shade higher.
Cora a shade limier. Pork steady, at
13.75(513.85. Lard quit t and stoutly
steam 8,}??@9. freights quiet.
7 P. M.-Money 8@4. Sterling 8>?
@8??- Gold 113.i@14%. Goverumeuta
steady. States quiet. Cotton sales
1,791 bales-uplands21%; Orleans 22J?.
Fleur less active and unchanged. Whis?
key lower, at92^i@93. Wheat infirmer;
shippers holding uti'. Corn a shade
firmer. Rice firm. Pork 18.62@18.75.
Lard 8JJ@9^8- freights steady. Sales
of futures 12,150 bales, as folluws: Au?
gust 20 ?4; September 20@20J4'; October
190319^; Novombor 184?(<gl8 U-lti;
?ecembor 18??(?)13 7-16.
CINCINNATI, August 13.-Flour dull
and lower-old 7.25@7.50; uew 7.00.
Corn Bteady, at 46. Purk dull aud nomi?
nally 13 25. Lard demand light and
hohle-rs firm, at 8(aj,$J?. Bacon iu good
demand-sales of shoulders at 7; clear j
rib sides wanted, at 9,3?; held at9v?; job?
bing sales of clear Bides at
Whiskey in fair demand but low, ut 89.
LOUISVILLE, August 13.-Tobacco act?
ive, ut full figures; receipts light; sales ut
77 hugsheads. Flour active! for medium
and fancy grades; low grades quiet;
small sales of extra family at 6.25@6 .50.
Corn-shelled, sacked, 60. Pork quiet,
at 13.25. Bacon firmer and -higher-?
shoulders sides 9%@I0, pucked.
Lard Bteady, ut d}-.?@lO^?? ; order luts
??c. higher. Whiskey 89.
NORFOLK, August 12.-Cotton quiet
low middling 20; receipts 162 bub
steck 389.
PHILADELPHIA, August 13.-Cotton
quiet-middling 21)^.
BOSTON, August 13.-Cotton dull
middling 22; receipts 86 bales; sales 150;
stock 7,500.
NEW ORLEANS, August 13.-Cottou no
miual-middling 19J?@19J?; receipts 51
bales; sales 105; stock 6,738.
SAVANNAH, August 13.-Cuttun flat
middling 20; receipts 4 bales; stock 982.
CHARLESTON, August 12.-Uottou dull
-middling numinally 19J?; receipts 50
bales; sales 50; stuck 1^864.
WILMINGTON, August 13.-Cottou firm
-middling 20^; stock 298 bales.
BALTIMORE, August 13.-Cotton dui!
middliug 21-^4; receipts 19 bales; sales
423; stuck 950.
AUOOSTA, August 13.-Cutton uumi
nal; middling 19??@19>?; receipts 16
bales; soles 121.
SPECIAL BARGAINS
SI1L,I? PARASOLS,
JgjXTRA FINE FANS, LACE EMBROID?
ERED HANDKERCHIEFS, Lace Collars and
Guild, fino White Cambric and Lawns, Wide
Ribbone, Tablo Damask aud Doilies and Fine
O?Buimeres, at C. F. JACKSON'S.
AUK 8
With a view of realiz?
ing money, and also to
make room for the
opening of a
LARGE AXD VARIED STOCK
In the fall, has decided
upon offering his pre?
sent stock, irom this
date until the 1st of
next September,
AT COST FOR CASH,
An Excursion Train
Wx*>
FOR COLORED PBR80NS will run from
Charlotte to Columbia, and on to Augus?
ta, on FRIDAY, August 10, and return cn
TUESDAY. August 20, aa follows: Loave
Charlotte 7 A. M.; leavo Columbia 2 25 P. M..
arrive- at Augusta 8 P. M. Returning, leavo
Augusta 8.20 A. M.; leavo Columbia 2.15 P.
M.: arrive at Charlotte 8 18 P. M. Faro from
Columbia to Augusta, and return, on this
traio $2 50. Tickets may bo had eithor from
Agent or Conductor. Juif. Luke's excursion
runs from Augusta to Charlotte on Saturday,
the 17th, and returns on Monday, tho lflth.
Tioketa uv tho ono train not (rood on thc ot her.
AUK 14 3_ALEXANDER, Srip't.
Fresh Country Butter.
LRS. ohoico COUNTItY RUTTER,
for ?ale hy HOPE A OYLF.S.
For Sale,
Mtv 20 FINE LVROE MULES, and 3
K33& fourlion?0 WAGONS, with 3 sots of
^L-TY-i-ood HARNESS.
August 9 CHAS. LOGAN.
200
1 Jutlgr Willard'? Opinion-Concluded.
The idea of ac appropriation aa tho
foundation of tho right to deinaud mo?
ney from the public Treasury, is fixed in
every system of regnlar government,
from tho uaturo of government itself
It is based on tho principle that tho limit
of public expenditures should at nil
times be under tho control of tho law?
making power. It is a. practical means
of securing this end.
It is hardly necessary to illustrate this
principio, for it is familiar, both aa a
paoti?e ftud theory of govorumont. It is
equally applicable when tho expenditure
is intended to satisfy au obligation as?
sumed hy the govorumont, and wbon it
is iuorured to promote tho public con?
venience. Wheu it is considered that
the revenues of a ?State, io the main,
ariso from tho slow and expensive pro?
cess of imposing and collecting taxes
from the wliolo body of tho people; thal
such a system involves the necossity ol
auticiptitiug expenditures, aud of form
ing estimates of such anticipated oxpeu
ditures-it becomes obvious that, nu lei
such a ny stern, there must be some meaui
of kuowing what amount is to be ex
pended, in order to make provision foi
raising thu required amount; and thi
only movie of knowiug with certainty
what is to bo expetided, is to placo i
limit beyond which such expeuditun
shall not go. It is equally clear that tb
power of imposing this limit should ul
ways be in the bauds of the law-tnukiu?
power, and in a condition to bo exor
eitel ut any moment for thu public we]
faro.
If there is any casu in which the Lt
gislature would lie justified in placing i
other hands, either official or unofheia
.tho right to create unlimited expend
ture, it would bo iu the case of a publi
duty, conferred upon the chief exeoutiv
officer of the State, accompanied wit
authority to meet tho expenditures iuc
dent to the discharge of such publi
duty. Thu inconvenience und dangt
of such a course is well illustrated b
the Treasury accounts put- in evidenc
in thin case. It.appears, that there ht
been paid from the Treasury during tl:
current fiscal year, solely under the ai
thority conferred on the Executive l
urm uud equip a company of lut) mc
for armed defence, until the, organiz
lion of tho militia, passed February I
1809, (U Statutes, 285.) tho sum i
?82,823.35; und this largo disbursemei
has buen made in u year when no nece
sity for a resort ou the part of tho Sta
to military force is known to huvo e
isted, aud when tho resources of tl
S'ateiiro inadequate to meet thc curre
expeuHcs of tho Government, or to pr
vidu for a proper administration of ju
tice.
Thu system of limiting dihbnr.semeu
to sums appropriated by lu.v has arisi
from tho principle, above slated, of t
faining at all times in thc hands of I
law-making power control over tho lin
of expenditure, ft is under this systt
that the duties of tho Treasurer ba
beeu regulated, us stated in Hood ;
Hayne, (I S. C., 23,) where it is sn
that "ho can only pay out of funds
the Treasury appropriated by law, a
to tho objects of such appropriatioi
He ia under no general obligation to i
the creditors of tho State. It is t
sufficient even that there should b<
legal appropriation; bu must havo fut
applicable thereto, or, in other won
not otherwise appropriated." The ter
in which the duty of the Legislature
regard to anticipating and providing
annual expenditures, as marked out
the Constitution, (Art. IX, Sec. 2,) sh
that this principle of a practical legit
tive limit to public expenditure was
the minds of the framers of the Con
tutioc, for the principle nuder oonsid
atiou is essential to the efficacy of
system there develops J. It is, tin
fore, a sound conclusion that the C
stitiitiuii usos tho term "appropriate
in the particular sense illustrated by
relation to the fundamental princi
already stated.
We are enabled, therefore, to affi
from clear lights, that no legislative
tion authorizing tho payment of mn
is aa appropriation, iu tho souse of
Constitution, that does nut imposo
recognizu some previously imposed li
to smd expenditure, lt is necessary
a correct understanding of tho prop
tion just stated, to observe that it is
o-soutial that every law operating oi
appropriation should fix tho pr
amount to bo drawn under jits authoi
or should i m j. ose a pecuniary Inuit
youd which such disbursement slit
not extend: Provided, Tho umotint
be expended is capable of legal a;;
taiumout ut tho timo of tho pussug
such Act. It is sufficient for the
pones of the present question to ni
that, if at tho timo of tho passaga of
Act tho amount to bo drawn is
fixed by the law, and is not oapab!
being legally ascertained, and no pee
a ry limit is imposed beyond w
moneys shull not be drawn on sue
account, such Act is not au approprie
in the sense of tho Constitution,
affords no authority of law for expon
tho public moneys. Applying thu
to the case iu hand wo hud, that
muoh ns tho amount which might in
year bo drawn uuder tho contrae
current and permanent work, Was
fixed nor capable of hoing legally a
fained ut tho passage of thu Act, ai
uo limit is imposed by law to tho i
thut may bo drawn thereunder, at
no subsequent legislation is mudo t
peur oontrol?ng tho amount of
douo under it, there is no constitu?
appropri?t iou justifying tho pay
against which an injunction waa
nrnnded, and such injunction oug
be ul lowed.
Tho next quotion to bo conoid
arises upon the joint resolution of
comber ll, 1871, (15 stat., 283.) ur
volves tho right of tho Treasurer ti
moneys under that resolution, reg;
as an appropriation. Tho resolute
question authorizes the Jlepnl
Punting Company to have printed
copies euch of Yoluims X, Xl,
XIII ?nd XIV of the Statutes of thin
State-suid oopies to bo deposited ia the
State Library, subjeot to proper distri?
bution, as public necessities or the
oonveuienoeof State and County officials
may dictate. The Clerk of the Seuate
and the Clerk of the House of R-jpreset*
tutivos shall have supervision of said
printing. Tho cost of the printing shall
bo paid upou tho certificates of the said
Clerks of tho Senate and of tho House
of Re-prest ntcitive?, out of any moneys in
tho Treusury not otherwise appro?
priated. Wo must apply to this resolu?
tion the principles already laid down,
that uules tho rato of compensation for
tho work thereby authorized is fixed by
law, that it cannot bs regurded as an ap?
propriation in tho soase of tile Constitu?
tion, for tho want of a limit to the cx
pouditure authorized thereby. It is
coutouded that tho contract with the
Republican Priuting Company uscer
taius tho price, so that tho pages ol
matter to be printed being known, tht
cost eau be legally ascertained.
Unless tho work in questiou oat
bo olussed ai current or permanent
printing of tho General Assembly, it i:
ucithor within tho purport of tho con
tract, nor of the Aot under which thi
contract was made. It is certainly no
current priuting, for that embraces oui;
matter required for tho duily uso of th
Legislature during its session. It eau
not properly bo classed UB permaneu
printing of the General Assembly tba
ordered it, for it does not embrace an
portion of thu Acts or resolutions passe
by that General Assembly, but to tb
previous statute law of the State.
It is questionable, on the face of th
resolution, whether it was intended t
be brought nnder the contract. Tb
ternis of the contract are that tho Repul
lioau Printiug Company shall "publie
and print;" while the resolution autho
izes the Republican Priuting "to hn\
printed," &a. It may with tnuoh prc
pricty bo said that tho resolution is, i
?? licet, authority to employ such priute
in behalf of the State( as the Republic?
Printing Company should select. Agaii
it does not speak in reference to pay mci
of a contract price, but usos the exp re
sion, "tho cost of printing"-iangaa(
quite inconsistent with the idea of a pr
existing contract. The want of a prop
means of limiting the amount capable
being disbursed under this resolution
fatal to its operating ar an appropriatio
under tho clause of the Constitution ju
considered, aud therefore au iujuuotn
must issue on this ground, acoording
tho prayer of the complaint.
Tho last queatiou to hu considered ia, wi
tlier tho Treasurer ia authorized hy law
ietmc proniiaaory notes, under authority
borrow moue y ou thu taith and credit ot t
State, or to pay euch as be has already i * ar?
tur that purpose.
Tue fact appears by the Treasurer's ret?
that ho has already put in circulation p
iniaaory notes to tho amount of f3'.)9.3l2
These iiotea have either been issued for I
purpose of borrowing money to pay cort
oates for legislativo expenses of 1871-72,
have beuu i ? tuted directly to the holdere
certi?eatoh of that class. The amount tl
issued ia to bo added to tho amount paid
cash from tho Treasury on account of ceri
catos for legi-lative expenses of 1871
namoly: (437,100 40, making in the aggreg
the mini of $830,422.12, that being thc arno
of certificates for legislativo expenses
1871-72. paid either in cash or notea from
fruaaury. The Treasurer has already |
on account of such promissory notes tho e
of (20,250 75, a taoc already noticed in <
nectiou with tho cash payments made ur
appropriations for that bead of cxpenditn
The right of the Treasurer to pay tl
promissory notes depends upon whei
tkcro is an appropriation for that nurp
and whether there are other demands aga
tho Treasury. The appropriation for
payment of legislative expenda? having \
exhausted, th? v cannot . be paid from \
innren. Unless it can be ni ade to'ap]
that th'eso promissory notes ?re lawl
issued, under the provisions 'of the Act <
tied "An Act to make appropriations,"
passed March 4,1872. (15 etat., 87.) the!
no appropriation under' which they cai
paid.
Tho Act last referred to is one of thoa
ready noticed, making specific appropri?t
for the logislative expenses of 1871-72
1870-71. It provides that, should (here
dotioioiicy of funda'in the Treasury to pa
amounts thea appropriated, the'lreasur
authorizod to borrow money to nay such
tificatHB, "and to give his obligation as t
Treasurer for the same; and auch Ohligs
shall be good and binding oh the State
shall bo paid out of any moneys iu tho i
Bury received from tuxes ur from <
sources: Provided further. That no pa
a aid mannys shall be used for payment o
ulanna issued prior to November 28, 1871
i'lie authority to isuuo notes utiumpti
bp given by this. Act is limited in two rot-j
lt c ia not bo exercised unless there shou
a deficiency of funds to meet tho Bp
amounts thereby appropriated, aud tho
ia limned to tho sums thcroby appropri
lt ia not alleged, uor does it appear
truo, by the Treasurer's accounts, that
waa any mien deficiency; in Kaet, tho caa
buraeuiciita alone oxcued the bpecitiu a
priationa. It also appears that tho ac
of notoa issued is greatly in excess <
amounts appropriated by this Act. Tho
cannot, then tere, bo considured as i
uudor that Act. in addition to this, tl
propriations mado by this Act having
drawn in full, thorn is nothing that c
applied to the payment of the notos,
only authority to wbiuh the power (
Treasurer to issue those notos can 1
furred is that ot the j dnt resolution of 1
12,187S, [15 stat., 29U,] aud ie in tkeso i
"And ho" [the Treasurer] "is hereby at
iv.od to borrow, on the faith and credit <
State, a sufficient amount to cancol sal
tiflcatos." The Constitution [Art. IX, e
provides as follows: "For thy purpose i
fraying extraordinary exponsos, tho
may contract public- debts; but snoh
shall be authorized by law for some
object, to bo distinctly spocifled theruii
no such law shall take effect until it sh al
boen punned by a voto ot two-thirds
members of oach branch of tho Uenei
aombly, to be recorded, hy yoas an 1 ni
tho journals of each liouao respective!
every such law shall levy a tax annually
oient to pay the annual interest o such
Section 10 of tho SACUO article provi
follows: "No scrip, certificate, or otb
dance of Stale indebtedness, shall bo ?
except for tho redemption of block, bo
other evidences of indebtedness pie
iaaued, or for such debts as aro exprot
th ariz sd in this Constitution."
Section ll of tho sumo amelo provi J
''any debt contracted by tho Statu sba!
loan on State hoods, ot amounta not le
fSOoaoh, on interest, payable within
years after thu dual passage of tho
thorizing such debi."
Thu foregoing sections of tho Cons
regulato tho legialativu power of boi
money, and unless thu requirements
Constitution aro complied with, uo at
to borrow, eu thc faith and credit of tl
ea-i have valid existence. Tho power
rowing is exhaustively regulated by the
clauses under consideration, reaching to all
case.* of borrowing on the faith and credit of
tho Btate.
To authorize the Treasurer to borrow money
on tho faith and credit of tbs State, then,
I must be an Act of Legislature, panned by a
voto of two-thirds of the members of each
branch of tho Legislature, and BO evidenced
by the journals of the respective bouses.
That Act of Legislature must disclose a single
object to which tho nmnoys so borrowed shall
be applied, and that object must be such as
eau bo rogarded as an extraordinary expendi?
ture. In addition to this, the Act must levy
au annual tax to pay internst on the sums
thua borrowed.
Where such authority exists, it must, in
order to ho validly exercised, be regulated by
tho provisions ot Section 14, Article IX; that
is to say, the nrmoy must bo borrowed upon
bonds of a certain character.
The joint resolution in question does not
conform, in these rospects, to the Constitu?
tion. lt does not set forth au object that can
bo rogarded as au extraordinary expenditure;
but. ou the contrary, relates to au ordinary
object of expenditure, namely, the annual ex?
penses of tho Legislature, lt does not levy a
tax to pay tho in torea t on the money bor?
rowed.
Thu resolution does not appear, hy tho jour?
nals of tho Homes, to have passed by e two
thirds veto. I .Journal of House of Repre?
sentatives, 1871-72. p. 580 ] On consulting
tho Journal of tho Renate, it appears that no
reference is made, in tho index of joint reso?
lutions, to that portion of tho proceedings of
that body where the resolution received its
I second and third readings. A careful exnmi
I naiiou of tho Journals of the Senate discloses
tho fact that the resolution paesod a second
reading, but I have not boen able to Und any
record of the passaRO upon the third reading.
It ii not necessary to tix tho precise character
of tho proceedings in the Senate, for the
Journal of the House rolers tu its passage by
that House, without tho record demanded by
the Constitution. This is in ?Belf fatal to the
resolution as authority to borrow money.
The action of tho Treasurer, under this re?
solution, waa not conformable to the Consti?
tution, inasmuch as, instead of borrowing on
bouda, ho issued promissory note? for that
purpose. It was said upon tho argument that
the Treasurer hud not, in fact, borrowed
money on the notes, but had delivered them
to partiea holding certificates for legislative.
expenses. Thia potition does not affect tho
validity of the notea, inasmuoh SB the only
authority for issuing them waa that given to
borrow money, and that being void and un?
constitutional, the act of tho Treasurer in
issuing thom is without Jogal forco or effect.
TUe injune!ion prayed by the complaint, to
restrain the Treasurer from issuing or paying
promissory notes or billa, as charged in*tho
complaint, must iaaao.
A. J. WILLARD, A. J. S. C.
^.notiosi Salo?.
Bacon, Flour, Bailer, Oatt, ?to., ?tc.
BY D. C. PELXOTTO & SON.
THIS (Wednesday) MORNING, at half-past 9
o'clock, we will eell, at our Auction ?tore,
to C'.OBO out consignment.
2 500 Iba. SMOKED SHOULDERS,
3 OOO Iba. D.S. Sides,
10 barrels Mackerel,
Whole and quarter kegs extra Goshen Bot?
ter.
25 barrels extra Flour,
2 barrels Cider Vinegar.
ALSO,
100 bushels Oats, in jacka.
Terms c*eb. AUK 14
Auction Sale.
U. 8. COURT HOUSE AND POST OFFICE,
I OFFICE OF SCPEUINTEKOENT,
COLUMBIA, B. C.. August 9, 1872.
/~VN SATURDAY, the 17th instant, I will
\ } Bell, at tho yard of the United States
d-mrt House and Poat Oflice, in thia city, the
following propcrtv, in lots aa they stand:
About 50,000 BRICKS,
About-cubic yards GranRefSpawIa.
I The Spawla are suitable for Railroad Bridge
woik.
I Term*-Cash in United States currency;
perchase money to be paid before property
can be removed. G. T. BERG,
August ll 0_Superintendent.
Coke.
"TJERSONS who desire to be supplied with
*T the above article will leave their orders at
my office. JACOB LEVIN.
Secretarv and Treasurer Col. Gas-Light Co.
Aug ll____ _3_
Beal Estate.
nnHE aubaoriber hes in hand, for sale, a
X largb amount or valuable REAL ESTATE,
consisting of Plantations, Farms, Woodlands
and Milla.
ALSO,
Improved and unimproved CITY LOTS.
Especial attention ia called to that elegant
I and commodious residenco. known as the El?
more House. Tilia residence is ?ituated on a
llot of six acron, handsomely improved, in a
I healthy location, arid can be bought on easy
terms.
ALSO,
Sevoral eligible BUSINESS LOTS, on Rich?
ardson street. J. W. PARKER,
I . - Heal Estate Broker,
Aug ll Imo _Colombia, S. C.
Desirable Real Estate for Sale, in and
near the City of Greenville.
T OFFER at private salo tho verv desirable
JL PLANTATION and RESIDENCE ot tho
late WM. BATES, deceased, located on thc
RIVER and on the BUNCOMBE ROAD, about
two miles above tho city and in sight of it,
and within ono mile of tho AIR-LINE RAIL?
WAY DE POI.
The t ract of land contains about 220 ACRES,
about 40 ACRES of which is very superior
RIVER and GREEK bottom, admirably adapt?
ed to tho growth of both grain and the.
craaaea. The uplanns are very superior red"
olay soil, and a part of them in nativo forost,
and ia equal to the best in the up-country.
The d welling on tho premises is very supe?
rior, ia conveniently constructed and in good
repair. The out-bnildings are all in good re?
pair, and plenty of them. The well of water
in the yard ia equal to the best mountain
I water. The front fenco (plank) is new; tho
I yard and;gardeu fence (picket) bas juet been
completed and painted; making it altogether
ono of tho moat desirable places for sale io
1 this section, or lil;ely to be soon again.
I alao offer for sale a vory desirable two
story HOUSE an t LOT, (two acres,) on Bun
I combo street, in the city, one milo from th?
public square.
Also, several very desirable BUILDING
1 LOTS, on Augusta street, one mile from th<
I public square and near Eurman University.
Aug ll 4_H. P. HAMMETT.
Flour! Flour!!
Oil A nBL,S. NEW FLOUR, of ali grades
?UU for salo at groatly reduced priceB
by JOHN AGNEW A SON.
Special Notice.
OFFICE BoAnn OF HEALTH.
COLUMBIA, AtiKUat 10, 1872.
T^TOTICE ia hereby given, that on and afte
1"N WEDNESDAY NEXT, tho Boaid will in
spect all the varda, collara, Ac, in tho variou
warda of tho city. Tho ordinance relativo t
uuiaatices will bo strictly enforced. Th
Board recommend tho citizens to have a
tlieir trash aud garbage placed in barr?la c
boxes iu tho atrcct, to facil?talo ita early rt
movul. By order of tho Board.
TWOS. P. WALKER, Acting Clerk.
ST Union copy. _Aug ll 4
Pure Angelica Wine.
\f\lX draught, CALIFORNIA ANGELICA,
\J delicious and puro Wine for invalit
and summer UKO, in nt received aud for sa
j low by JOHN AGNEW A SON.