The daily phoenix. (Columbia, S.C.) 1865-1878, November 29, 1873, Image 2
COLUMBIA, S. 0.1
Saturday Morning,November 29,1873.
View* on in? Cuban Question.
Public- opinion has cooled down on
the aubjeot of a war with Spain for
Cuba. The question is one tbat ahoald
be adjourned from popular meetings to
tbo judgment of publicists and states?
men enlightened in the principles of in?
ternational law, and responsible for the
bonor and credit of the country. The
motives of revenge and punishment, of
greed for the acquisition of a valuable
possession, in disregard of the comity
of uatious, of a desire to bnrmouize
alieuated sections, of a purpose to ex?
pand the currency, of an outlet for die
contented spirits, &c., are all inadmis
sable, being one-sided, selfish aod un?
worthy of a great nation. The first
thing to be instituted is an inquiry into
the wrong that has been done, the next
to require complete reparation for it.
All this may be done iu good temper,
and should not encroach upon the most
perfect respeot for right. Possibly
Cuba may be acquired, either by pur?
chase eventually, or by conquest. The
advantages of its acquisition, iu a na?
tional point of view, are not ho obviouB
to thinking men as some hasty journals
pretend they are. Opinions may well
differ on this point. It is not the point
at present in question.
We have read the views of several dis?
tinguished men, and have kept tolerably
well up with those expressed iu the
journals. We select for analysis to-day,
and for the aacsideration of our readers,
those of Hon. Reverdy Johnson, of Bal?
timore, and of President Woulsey, of
Tale College. The first named gentle
-man first considers whether the capture
?was a legal one.
From the beginning of our Govern?
ment, be says we have insisted that an
-American vessel, regularly documented
and carrying our flag, cannot in time of
peace be visited or searched on the bigh
?seas. It waa mainly for violation of thiB
doctrine tbat the war ot 1812 with Eng?
land was declared, and although at the
termination of that war the claim of
England was not formally renounced, it
was praotioally abandoned and has never
siuoe been noted upon. The immnnity
of a vessel carrying the necessary docu?
mentary papers and flag rests upon the
theory that the ooeau is open to all
alike, and that a vessel of any nation,
while in tbat element, is, iu contempla?
tion of Inw, a part of its national terri?
tory und as exempt from invasion as the
soil itself.
If, therefore, the Virginius had our
flag, and was regularly documented as
an American vessel, and was on the
high seas wheu captured, her capturo
was illegal aud^oontrary to public law,
as understood, it is believed not only by
England and the United States, but by
all other uatious, including Spain. The
facts are matters of inquiry on the part
of our Government. The utxt point
which engages hit attention is whether
Spain had a tight to carry the vessel
into a Spanish port. He asserts that
she hud not. Her doiug so was but u
continuation of the original wrong, and
wan an equally palpable und indefensi?
ble outruge upou our sovereiguty.
Wheu captured, the ouly offeuce the
Virgiuius had committed wns ono
against the United Slates, iu violation
of the neutrality laws?supposing, that
is, that she contemplated landing men
and arms in Cuba, in aid of the insur?
gent:). In the third place, he holds that
the atrocities committed on the crow
and passengers of tho steamer, inde?
pendent of the sacred luws of humanity,
were without justification or excuse un?
der the public law of the world. As
they were not legally captured, they
were not prisoners of tvur, and, uot
being such, were exempt from tho juris?
diction of Spain. Having established
these points, he concludes by urging
that the difficulty should uot lead to a
war with Spain. It is impossible to I
suppose that she will hesitate to reuder |
every indemnity for past wrongs, and J
necunLj for the future maintenance of j
our rights and vindication of onr honor.
President Woolsey considers, first,
the cruel treatment of somo of the per?
sons found on board the Yirginius. He
lays down the general rule tbat the in?
dependence of nations implies that they
are the sole judges, each of them, as to
what their laws and punishments shall
bo, and, to a considerable extent, as to
their usages in war. If they go to an
unreasonable extreme and shook the
sensibilities of the world, they aro liable
to be oheeked by remonstrance or
stronger measures. Had tho United
States treated the Confederate prisoners
as traitors, Great Britain and France
might rightfully have interfered to put
an end to such proceedings by recogni?
tion or otherwise. The cruelty of the
Turks towards tho Crooks led to the in?
terference which ended in tho battle of
s
Navarino and the reoognition of Grecian
independence. The justification will
be found in the paramount law of self
preservation. It is an extreme measure,
only allowable in extreme oases, and,
therefore, dangerous, and only to be
applied with the utmost calmness and
moderation. Now, he adds on thiB
point:
"Whether one oaao of inhumanity,
and that u result of judioial triul, would
oall for remonstrance or for more, so
long us there is no danger of its repeti?
tion, is u point whioh wunt of a com?
plete knowledge of the oircumstuuoeu
puts it out of our power to decide. It
may bo that the just wrath of tho
Cubans against long-continued insur?
rection, fed from abroad, called for an
example. It muy bo that a fiendish
spirit of savage cruelty, going up from
the populace to the court, wreaked itself
in a horrible way."
Ho next proceeds to determine
whether, supposing the Spaniards had
reasonable ground for believing that
the vessel was really bouud to tho neigh?
borhood of au insurrection in order to
aid it, they were authorized to seize it
and carry it for trial into a Cubuu port.
We quote tho following strong passage
upon this point:
"What was the offence of the vessel
is the poiut which we would examine.
If we have u oorreot understanding of
its character, tho offence was not piracy,
according to the law of nations; for
there was no unimusfurendi, aud no in?
tention to do anything except to trans?
port certain mou aud goods from ono
port to another. It was not treason, of
oourse, for any but the Spaniards who
were on board and engaged in the en?
terprise. It was not a breach of block?
ade, for there was, as I understand, no
blockade. It was not technically carry?
ing contraband of war, for there was
not technically any war. It ia difficult
to define the crime, but it was a very
great crime; no other than for a captain
and vessel to be engaged in doing what
was really a hostile act. Even more
than carrying contraband, it was carry?
ing offioerB of a high rank in the rebel?
lion as near to the scene of armed con?
test as possible. The crime was not
piracy, at least according to the law of
nations, although possibly piracy by
Spanish law. It is to be observed, also,
that the vessel, although nominally
American, seoms to have belonged to
Cubans, and to huve been engaged in no
regular commerce. Now, in such a case
aa this, do the ordiuary laws respecting
the right of visit and capture apply?
It aeems to us that this is an extreme
case, whioh tho ordiuary law of nations
does not meet, aud that 'ho Spanish
captain of the Tornado was put to a ne?
cessity of making the capture for tho
sake of the peace of the island. It was
a case of necessary self defence for pre?
venting war."
He illustrates this necessity for self-do
fence by tho supposition that a part of
Ireland should be in a statu of urmed
insurrection, aud an American vessel
engaged in carrying from some port of
Spain Irish loaders, :immtiuition uud
money. In such u case, no one would
doubt that tho Government of Great
Britain would hesitate to arrest the
vessel, to prevent a half-extinguished
rebellion from being lighted upagaiu by
the arrivul of now means of war uud new
sympathizers. Such considerations as
those go to the coro of the question, aud
must have important weight in its final
determination. While they differ fun?
damentally us to tho points involved,
they agree iu necking a peaceful und
honorable solution of the difficulty.
-? -? *. ?_
The Lath Thomas JJahino.?The
death of Mr. Thomas Baring, long the
bead of tho eminent house of Messrs.
Baring Brothers A Co., has been an?
nounced from London. His age whb
about seventy-three years. The bulk of
his great fortune goes to a uephew, a
member of tho house. Mr. Edward
Baring, the brother of the present Lord
Northbrook. Mr. Hodgson, formerly
of Messrs. Fiuley, Hodgson A Co.,
amalgamated with Messrs. Baring, now
becomes tho active business head of the
house. Tho goutleman who has just
deceased was n brother to tho late Sir
Fruucis Baring, lu 1S?3, ho was elected
a member of Parliament for Great Yar?
mouth, which he continued to represent
until 18137. Iu April, 1811, when Sir
Frederick Pollock was elevated to the
bench, Mr. Baring was elected for tho
borough of Huntingdon. Such was his
reputation as an able financier, that in
1852, aud again iu 1858, Lord Dorby
offered him tho Chancellorship of tho
Exchequer. Ho acted as ono of the
commissioners of tho International Ex?
hibition of 1802.
Justice, though blind, is always beau?
tiful. So is a justice of the peace wheu
his head is perfectly horizontal aud his
heart is tender. Such is that mild
minded magistrate of Guthrie County,
Iowa, who has just made a decision in
tho caso of a parent who suod his daugh?
ter's wooer for kicking him out of his
own parlor. It was held by tho court
that courting is a necessity, and must
not bo needlessly interrupted?that a
parent has no legal right in a room
where conrting is going on. This, how
over, leaves open the questions whether
a father, in the exercise of his parental
authority, may order bis daughter, still
domiciled in his house, to go to bod at
0 o'olook; and whether he is bound to
find Are and light for tho convenience
of the enamored.
Statement of Receipts and Disbursements
by City Treasurer from May 1, 1873,
to September 80, 1878, inclusive, em?
bracing a period of five months.
To balance from April, 1878, .8 4,698 37
Taxes,'amount collected, as
follows?
Real estate, from sundry per?
sons. . 3,150 55
Personal property, from sun?
dry persons. CIO 2U
Streot tax, from sundry per?
sons. 51 00
Water tax, from sundry per?
sona. 1,53(3 45
Pleasure vehicles, from sun?
dry persons . 60 00
Penalties, from sundry per?
sons. 207 25
Wagon badges, from suudry
persous. 46 25
Tavern licenses, from tuudrv
persons.2,090 50
Business licenses, from sun?
dry persons. 831 00
Special licenses, from suudry
persons. 240 25
Market department collec?
tions. COS 00
Dog collar collections. 28 00
FinoB collected. 490 20
Contingent account. 25 20
Buggies, from sundry persons 8 50
Quart licenses, from suudry
persons. 250 00
City Treimury. 1,700 00
Special iote*est collected... . 2,917 135
Interest account. 23.877 50
Bond account, 7 per cent, in?
terest, John Alexauder_07.191 00
Bills payable. 10.494 56
Construction fund. 15,852 98
$142,940 71
B dance due. 2,505 84
S140.443 87
By Sydney Park.-5 90 00
Almi House. 455 88
Superintendent of Water
Works, S. W. Honk. 00 06
Steeplemen. 60 70
Overseer Poor, C. Schultz 60 00
City Schools. 268 77
Street Overseer, J. R. Trice. 50 00
Murkut departmeut. 81 90
Police departmeut. 2,284 94
Messenger of Council. 40 00
Contingent aooount. 1,072 43
City Physician, T. N. Ro?
berts. 00 6d
Refundmeut uccount. 41 40
Piro department. 2,392 00
Hospital department. 270 32
Advertising. 25 00
Insurance account. 225 00
Guard Houso departmeut.. . 123 34
Miscellaneous account, dog
collars. 78 90
Priutiug account. 425 25
Clerk's oQloe. 3 80
Clerk of Market, P. B. Nowell 250 00
Street departmeut . 2,532 07
Wuter Worka. 7,470 43
New City Hall. 15,852 98
City Surveyor, C. Muhuu... 80 (10
Iudigent poor. 1,184 85
City Attorney, J. D. Trade
well . 500 00
Chief of Police, J. A. Jack
sou. 500 10
City Clerk und Treasurer, C.
B.irnum. 100 00
Interest uccount. 21,707 29
Bills payable. 60,336 30
Special interest deposited... 3,879 30
Coustructiou fuud deposited. 14.245 70
By balauue. 2,505 84
8142,949 71
Annual Statement of Receipts and Dis?
bursements by City Treasurer from
May 1, 1872,to April'dO, 1873.
To amount received from W.
J. Elter. City Treusurer. .8 803 Ol
Bills payable. 19,000 00
Amount taxes collected, us
follows?
Beul estate, from suudry per?
sons.*. 28,711 20
Personal property, from blin?
dly persons. 10.024 Ol
Street tux, from sundry per?
sons. fy.W) 7n
Water tax, from sundry per?
sons. 0,704 90
Pleusure vehicles, from sun?
dry persons. 73:'? 50
Business licenses, Irom sun?
dry persons. 4,280 70
Market department collec?
tions . 2,034 05
Penalties. 638 00
Special licouses. 85S 00
Tavern liceubes. 8,362 30
Quurt licenses. 524 50
Wugou badges. 007 10
Fines collected ut Guard
House. 1.114 SO
Special interest collected... 27,330 13
Dog collars. 302 00
Bond aocouut. 01.940 30
New Market, sales of debris. 590 30
Lumsden properly. 208 47
Sale of lot to Monumental
Association. 000 00
8242,021 81
By Alms House department.8 3,315 70
Guard House. 1,140 04
Street Overseer, J. R. Trice. 550 00
Mayoralty, John Alexander. 1,500 00
City Clerk aud Treasurer,
C. Burnum. 1,200 00
Sydney Park. 370 67
Streot department. 11.347 23
Water Works. 12,C17 93
Superintendent of Water
Works, S. W. Hook. 728 25
City Physician, T. N. Ro?
berta . 933 23
Market department. 007 10
Contingent account*. 15,047 41
Cbiof of Police, J. A. Juck
sou. 730 75
Police department. 14,753 58
Hospital department. 1,346 75
Refundmeut accout t. 476 15
Bell tower. 235 00
City Surveyor. 84 CO
Colombia Gas Company- 1,418 20
Stationery account. 245 30
Advertising account. 207 50
City Attorney, J. D. Trade
well . 750 00
City Olerk'a office. 294 50
Clerk of the Market, P. B.
Nowell. 400 00
Fire department. 2,256 50
Printing account. 2,721 44
Now Market. 735 00
New City Hall. 12.9?0 00
City Hchools. 986 C5
Messenger of Council, H.
Perriu. 120 00
Palmetto Fire Engine ap?
propriation?Fire depart?
ment?Notes to Jeffries.. . 2,000 00
StHcplemeu. 558 90
Insurance account. 195 00
Indigent poor. 5,414 72
City clock. 107 09
Overseer Poor, C. Schultz.. 590 00 j
Interest account, interest
und coupons. 15,671 08
Special construction fund.. 1.650 00
Bills payable. 96.000 00
Special interest deposited .. 25,710 45
City currency redeemed .... 8 00
By balance. 4,598 37
- $242.624 81
* i his ucconut embraces 511,108 paid
to Joseph Crews, for provisions fur?
nished the city in 1SG5
CHAUES BARNUM,
City Treasurer.
City Matte us.?Subscribe for the
PlUESIX.
The atmosphere his moderated very
materially.
Mr. John Palmer, ono of our oldest
residents, departed tins life, yesterday,
in his eightieth year.
Go to Fine's for extra fioe Norfolk
oynter.??on the half shell, or fried;
Charleston uud other varieties stewed.
Mr. N. G. Parker's horse ran off, yes
terday, and the buggy to which he was
harnessed demolished. The driver es?
caped with slight injuries.
Persons indebted to the PHtEXIX office
are requested to cull aud settle, as money
is needed. Tho cash rule will be strictly
adhered to hereafter.
Owing to the illness of Mrs. Hamp?
ton, Gea. Wade Hamptou was unable
to deliver the annual address before the
Fair Association of the Carolinas, in
Cbailottu. ou the 27th iust.
We regret to learn, by a private letter
from Philadelphia, that Mrs. M. S.
Cooper, consort of Joseph Cooper,
Eat]., formerly a resideut of this city,
died ou the 18th of the present mouth.
The weather, Thanksgiving Day, was
very unpleasant, aud yesterday morning
there nppeured to be but slight improve?
ment; iu the afternoon, however, it
cleared off, und the suu shone out beau- I
tifully.
Colonel E. It. Dorsuy, who, for many
years, hus acceptably tilled the position
of general passenger ami ticket agent
for tbu Charlotte, Columbia aud Au?
gusta llailroad at this point, has re?
signed, und is ubout to rcturu to his old
road?tho Baltimore and Ouio .
The Chapman Sisters performed
Thursday night to a very good house?
the iuulemeut weather, apparently, af
j feeling them but little. It is hardly
j necessary to say that all were pleased
: who attended. The company expect to
' appear Lere uguiu about the middle of
i December.
I Transfer printing inks uro invaluable
j to railroad companies, banks, mer
? hauls manufacturers uud others. They
jure cuduting und changeless, uud will
; copy sharp and clear for un indefinite
I period of time. Having just received a
fresh supply of inks, we arc prepared to
j execute orders promptly and at mode
1 rate prices.
j The mass meeting at the Baptist
I Chinch, last night, to aid iu the oudow- :
' incut of L-'urtnuu Uuiversity, was woll1
j attended. Addresses were delivered by ?
I Dr. J. C. Furman. Col. I. G. MeKis
I sick, Dr. J. A. Broudus, and several
j others, w hich were well received, and j
: had good effect. A liberal amount in
i bonds was subscribed.
I The Odd Fellows of this city are pre
| paring to give a grand ball and suppor
at Parker's Hail, ou Monday evening,
tho Slh of December, for tho benefit of
the widows and orphans of deceased
members. The ball will bo given on tho
anniversary of the organization of Pal?
metto Lodge, No. 5. Wo have reason
to believe that the nudertaking will he
a grand success, aud that the sum real?
ized will be a handsome donation for a
great charity. Au advertisement an?
nounces the depots for tho sale of tickets.
PlKEXJXIAXA.?Old boys have their
piiiytliiug.s iui well as young ones; the
difference is only in the price.
Can it ruin soft water when it rains
hard?
The best frieud to the liquor dealer
is a soiir-visuged wife.
Men dou't object to bo over-rated?
j except by the assessors.
Mail Arrangements. ?1 be N or them
mail opens 6.80 A. M., 8 P. M.; closes
11 A. M., 6 P. M. Charleston opens 8
A. M., 5.30 P. M.; close b 8 A. M., 6 P.
M. Western open tO A. M., 12.30 P. M.;
closes 6, 1.30 P. M. Greenville opens
6.45 P. M.; closes 6 A. M. Wilmington
opens 4P. M.; closes 10.30 A. M. On
Sunday open from 2 30 to 3.30 P. M.
Sons of Temperance ?The Grand
Division of this order adjourned Th?rs
day night, after a session of two days.
The representation was large, and the
cause is iu a flourishing condition. The
following gentlemen were installed as
officers for tho ensuing term: John A.
Elkius, of Columbia, G. W. P.; W. J.
Cook, of Beuuettsville, G. W. A.; Oli?
ver Hewitt, of Graham's Turn-out, G.
Scribe; John H. Hardin, of Chester,
G. Treas ; Rev. Lather Broad us, of
Edgefield, G. Chaplain; L. R. Marshall,
of Newnerry, G. Con.; 8. S. Walters,
of Orangebury, G. Sen. v
United States Circuit Court, Co
lumbia, November 28, 1873.?The Court
met at 11 a. M., Judge Bryan pre?
siding.
In tue case of Singleton Brown et ai,
the report of the Commissioners was
confirmed.
The balance of the time of the Coort,
to the hour of adjournment, was oc?
cupied in the bearing of the case of the
United State? vs. James Malone, for
wilful neglect of duty as Internal Reve?
nue Collector. The evidence was closet1,
when tlin Court adjourned until to-mor?
row, at 11 o'clock. Mr. Corbin appears
for the United States, and Mr. Youmans
for the prisoner.
Supreme Court. November 28, 1873.
The Court met at 10 A. M. Present?
Chief Justice Moses and Associate Jus?
tices Wright and Willard.
Ez parte Edward F. Stokes?petition
for writ of habeas corpus. Mr. Haskell
pro pet. Granted, and writ made re?
turnable December 8. 1873.
Ex parte James Thomson?petition
for ad mission to practice. Mr. Youmans
pro pel.
Ex parle Andrew C. Dibble?petition
foradmissiou to practice. Mr. Youmans
pro pel.
Ex parte John R. Abney?petition
foradmissiou to practice. Mr. Youmans
pro pet.
On production of the proper papers,
the petitions were granted, and Messrs.
! Thomson, Dibble and Abney sworn and
enrolled as attorneys, solicitors and
counsellors of the Supreme Court.
Miles vs. King, el al. Mr. Youmans
was heard for respondents. Mr. Tracy
for appellant.
I Southern Porcelain Manufacturing
Company vs. Cashier National Bank of
Augusta. Messrs. Carroll and Bacon
I for appellants. Messrs. Aldrich and
I Bonham for respondents.
Rosana Tucker, appellaut, vs. Albert
Wichmao, respondent. Ou motion of
Mr. Tracy, for respondent, the appeal
was dismifsed.
On motion, the following cases were
docketed:
The State, respondent, r.v. Jerry Cole
mau, appellaut; Susan Hoide vs Lewis
Landram.
At 3 P. M., the court adjourned untii
Saturday, 29th, 10 A. M.
List op New Advertisements.
Ditson Jc Co.'s Musical Library.
Typographical Union, No. 34.
j John Aguew it Son?Apples, ?fcc.
Valuable Property for Sale.
I. O. O. F. Anniversary Ball.
It is not easy to imagine a State in a
worse condition, financially, than the
I once opulent and thriving State of Ala
I bam a. It has wasted and wilted iu the
! poisonous breath of Radicalism, like
I every other Southeru community, only
to u somewhat more miserable extent
I than some others. Alabama owes a
I debt it is not possible, with her small and
uow broken und pour population, to
puy. No Legislature can ever be brought
to the capital tbut will take the respoti
sibility of trying to levy and collect a tax
to meet iu full the direct debt of the
Stute, to pay for a reasonable school
system und the current expenses of the
government. The direot debt of the
State, wheu correctlv ascertained, will be
found to amount to nearly 820,000,000,
and the floating debt to several other
millions. The State's Treasury is empty,
und likely to continue so. Her credit is
ut the lowest poiut. She cannot borrow,
if at all, except at a ruinous discount.
The assets of tho State are regarded as
almost nihil, under present circum?
stances. The planters are nearly all iu
debt. The few manufacturing establish?
ments iu the State are either ruined or
crippled. The State, as a whole, is
bankrupt.
Ou Friday night last, the gin-house
of Mrs. M. A. King, of Darlington, con?
taining about 22,000 pounds of seed cot?
ton, und 000 bushels of cotton seed, was
set ou fire by some person and entirely
consumed.
Death of Mr Alexander Young.?
Mr. Alexauder Young, au old citizen of
Fairfield, but who has resided for years
past iu Florida, died recently at a ripe
old age.
Mrs. Sarah T. Dargan died at the resi?
dence of her son, George W. Durgau,
in Darlington, ou the morning of the
24th.
Peter Zink, a German, of Louisville,
met n terrible death last Sunday. He
f'dl into a vat of boiling lard.
Mr. Wm. Shear, a well-known and
prominent citizen of Augusta, died in
New York ou the 20th.