Abbeville press. (Abbeville, S.C.) 1860-1869, December 07, 1866, Image 1
" flH
BY W. A. LEE AND HUGH WILSON. ABBEVILLE, S. C., FRIDAY, DECEMBER 7, 18(50. VOLUME XIV. NO. 33.
T\ 1 * * -- 1
rresmeni jonnsons inessap.
Fbliow-Citizsns of tiib Senate and
House or Representatives : After a brief
interval, the Congress of tbe United States
resumes its annual legislative labors. An
all-wise and merciful Providence lias abated
tbe pestilence wbich visited our shores
leaving its calamitous traces npon some
poriious of our couutry. Peaco, ordor,
tranquility and civil authority have been
formally declared to exist throughout the
Whole of the United States. In all of
State?, civil authority has superceded tlio
coercion of arms, and the people, by their
voluntary action, are maintaining their
Government in full activity and complete
operations. The enforcement of tlie laws
is no longer obstructed in any Stale by
combination too powerful to bo suppressed
by the ordinary course of j-.idicial proceedings,
and the animosities oncjenderjd by
the war are rapidly yielding to the beneficent
influences of our free institution**,
and to the kindly effects of unrestricted
social and commercial intercourse. All
entire restoration of fraternal fe<ilin<? must
be the earnest wish of every patriotic
heart. Wo will have acco.nplishel our
grandest national achievement when, for
rr?Hii?T tlia curl " ? 1 1
0 0 uiibi ui i>iia |r?9i, turn roinembering
only their instructive lessons,
we resume oar onward cireer, m a free.
I
prosperous and unite] people. In my
message of the 4th of December, 18G5,
Congress was informed of the measures
which had been instituted by the Executive
with a view to the gradual restoration
of the States, in whicb tho insurrection occurred,
to the General Government. Provisional
Governors hud been app lintel,
conventions called. Governors elected, an-l i
l?epresenta?ives chosen to the Go i<jre%s of J
the United States. Courts had beeu open- i
el for the enforcement of liuvs long in
abeyauce; the blo.kado lnd been removed,
cuatoin-homej re-c*tablii!ied, anJ the internal
revenue put iu force, in ordor that
the people might contribute totlie national
income; po?ul operations had bevii resumed,
and trtfor'.s were being made to re3tor?
them to their former condition of efficiency.
The State e h?d been asked to take j
part iu the high function of amending the !
Constitution, and of their sanctioning the
extinction of Afiio?n slavery, as onj of
the legitimate results of our internecine
struggle. Having progressed thus far, the
.Executive Department found that it had
accomplished nearly all that wan within
the scope of the Constitutional authority;
odb thing, however, yet remained to be
done before the worlc of restoration could
be completed, and that was admission to
Congress of loyal Senators and Representative*
from the Slates whose people had
rebelled against the lawful authority of
the General Government. This question
devolved opon the respective Houses,
which, by 4he Constitution, are made the
judges of the election returns and ntislifl
cations of their own members, and its consideration
at once engaged the attention
of Congress. In the meantime, the Executive
Department, no other plan having
been proposed by Congress, in its effort to
perfect, as far as was practicable, the restoration
of the proper relation!! between
the citizens of the respective State?, the
Federal Government extended from lime
to time, a9 the public interests deemed to
rennirA tho 1 * 1
., juwiwmi IOTCUUO ilUU pUHUli
systems of the country, and with the ad
vice and consent of (be Senate, the necessary
officers ^rere appointed and appropriations
made by Congress for the payment
of their salaries. The proposition to
amend the Federal Constitution, so as preVent
the existence of slavery within the
United States, or any place subject to. their
jurisdiction, was ratified by the requisite
number of States, Oo the 18th day of'
December, 1866, it was officially declared
to hare become valid as a part of the
Constitution of the United Slates. All
'of the Suites in which; the insurrection
bad existed, promptly amended their Constitutions
so as to make them conform to
'the groat change that effected in the organic
law of the land; declared null and
void all ordinance* and laws of secession,
repudiated all pretended debt* and obligation*
created for the revolutionary, vurpo
aes of the iasurreetioo, and prooeeded
good faith to the abetment of measure I
for the protection and amelioration of the
condition of the colored race. Congrsss,
however, yet hesitated to admit any of
these States to representation, and it was
not iroiH-iowsnk tfie close of the eighth
month ofthe aeasion tbttt an exception
wm made ;o f?vor of Teanaeaee, - by the
donation of bar Senators and RepreaentatW+av
I deamifra aubject of profound
rcgrot IbatCongreM baa thus far failed to
admit toaeata, ioyal Senators tad Reprfc*
netjUtiree from tba other Sta^aa, whoaa
iaWAaelflk wiHr iboae of Taonaaaea, had
f enga^ad fn the rebellion. Tea atafee,
more than 4^0 ybolanqmbar, remain with
out r^reMii^mnr Tba seats of* fifty
member* ia the Hodaa of Representative/
jne'.x-Jnv.c* t-i.
V
\
and of twentv mcmbor.s in the Senate, are
yet vacant. Not by their own cousont;
not by a failure of election ; but by tbc
refusal of Congrc-ss to accopt thoir credentials.
Their admission, it ia beleived,
would have accomplished much towards
tho removal and strengthening of our relatioiis
as one people, and removed serious
oau-e for discontent on tho part of tho
inhabitants of those States. It would have
accorded with tho great principles enunciated
in the declaration of American inde_I_
.. 1 ?
I uenuece?mat no people ought to bear the
i burden oF taxation, and yet be denied the
' right of representation. It would have
I been in consonance with the express provision
of the Constitution?that each State
should have at least one representative, and
no State, without its consent, shall be de
priv?d of its equal suffrage in t.Ii? Senate.
These provisions were intended to every
State, and to the people of every Slate,
the right of repr!<entation in each H mse
of Congress ; and so important was ?t deemed
by the framors of lh?* Constitution, that
the equality of the Slates in the Senate
should be preserved, that not even by an
amendment of the Constitution can any
Siate, without its consent, be denied a
vuioe in that branch of the National Legislature.
It is true, it has been assumed
that the existence of the States was terminated
by tho rebellious acis of their
i dialiitauts, and that the insurrection having
been suppressed, they were thenceforward
to be considered merely a? conquered
territories. The legislative, executive, 'and
judicial departments of Jtha Government
have, however, will) great distinctness and
uniform consistency, refused to sf notion nn
assumption ao ino >mpatil?lo with the nature
of our republican system, and with
the professed objects of the war, through?
out the recent legislation of Congre.sn,
the Undeniable fict >n:? le itself apparent,
thit. thesy ten political com nudities are
nothing le?s than d'.H'ea of th:< Union.
A." ilie Very commencement of the rjl>ol?
lion, each House declared, with n unanamity
as remarkable as it was significant,
that the war wus not waged npon our
part in any spirit of oppression, nor for
any purpose of conquest and subjugation,
nor ptirp iso of overthrowing or ititeifer
ing wuh the rights oreaiiibli-cd institutions
of those St atcw, hut to dufcnd arul mantain
the supremacy os tlic Constitution, and
all laws ma le in pursuance thereof. and t>
preserve the Union with all the dignity
equality and the rights of the i?e\"erul
States un impaired ; and that as hood as
these objects were accomplislted, the war
ought to cease. In some instances. Senators
were allowed to continue tluir legislative
function!*, while in other instances,
representative? were elected and admitted
to their seats after their States had formally
declared their right to withdraw
from the Union, and were endeevoring to
mantaiu that right by force of armp.
All of the States whose people ware in
insurrection ns States, were includdod in
the Apportionment of the direct tax of
$20,000,000 annually laid upon the United
Stales by the Act approved 'August 5,
1881. Congress by the Act of M.irch 4,
1802, and by the apportionment of repre
sentatioa thereunder, also recognized their
presence as States in the Uniou, and they
have for judicial purposes,been divided into
districts as States alone can be divided
The sauio recognition appears in -the re;
cent legislation in reference to Tennessee ;
which evidently rests upon the fact that the
t. -
lunciiuiia ui me oiaie were not destroyed
by tlie rebellion, but inertly suspended; aud
that principle i?, of cotfree, applicable to
those States which,like Tennessee, attempted
to renounce their places in the Union.
The action of the Executive Department of
the Government upon this subject I?a3 been
equally definite and aoiform, and the porpoje
of the war was. specifically stated in
the proclamation i.->suel by ray predecessor,
on the 22d of September, 1662. It
was then solemnly proclaimed and declared
that bereafte*} as bere'ofore, the war; wilt
i.- - -
ir><pro<<e<jiut>a ior u?e object or practically
restoring.t\?e Constitutional relation between
the United Suites find each of tbe
States, and the people thereof, in which
State* tb*t relation it, of ma; be, luspertdt:d
or disturbed. Tbe recognition of .the
State) bytbe Judicial Department of the
Oovernment has also been clear and coa<Witra
fa all proceeding? affecting them as
Stat*^ |,?d io tbe Supreme Circuit and
III tbe edmniion of -Senators
and lUpreaentatires from any and all
of the be ho just ground
of ipprelieosibft ^ parsons who are diiloynl
wHl be elarfTef %itb tbe powers of
legislation, for tbi. coo* pot wh?n
tbf enforce J
q*2&> *?*
-Hotua ?T i^ade the judge ^^<|fl0^nn"
r*tarni*nd,qualification^ ?f,iU
bera, ?nd may, Witb the OODOOriM^jj
expe! it ifiiMaatyr;". Wb<rj?5
Senior,or-BepreeeotatiTe present* bit oer
tifionte of election,^ may #1 onc^ Be atf1
criuwLoraijeebed; <tr tbeBldifcese* j* ftpjf
?> . v ?
question as to bis eligibility, his credent
; may bo referred for investigation to tbe
propriate committee. If admitted t(
seat, it must bo upon evidence, satisfact
to the House of wbich he thus becomt
member, that he possesses the requi
constitutional and legal qualifications,
refused admission as n member, for wan
due allegiance to lho Government, and
turned to hi3 constituents, they arc adiu
islied that none but persons loyal to
United Scales will bo allowed a voice
the legislative councils of the natioo ; t
the political powot and moral influence
Congress are thus effectively exerted in
interests of loyalty to the Government t
fidelity to the Union. Upon this questi
so vitally iiffe'.'ling tlio restoration of
Union and the permanency of our pres
! form of Government, my convictions hi
tofore expressed have undergone no chan
! but, on llirt contrary, thoir correctness
j been confirmed by reflection and time,
i the admission of loyal members lo seattlio
respect i?c blouses of Congress was h
and expedient a year ago. it. is no less w
and expedient now. If this anomal
condition is right now?if in the ex
condition of these States, at the pre&<
time, it is lawful to exclude tliein from 1
resentation, I do not see that the quest
will bo changed by tho efflux of tii
Ten years hence, if these State-? remain
they are, the light of representation v
be no stronger?the right of exclusion 1
be no weaker. The Constitution of
United States makes it the duty of 1
President to recommend lo the conaide
lion of Congress sue.h measures r?s lie si
ju<Jg? necessary or expedient. I know
no measure more imperatively demanr
1 by every consideration of national inter
j sound pol'cy and equal justice, than
i admission of loyal members from now 1
j represented State*. This would consu
mate the work of restoration, and oxer
! tuo^t calir.niy influence in the re-establi?
incut of peace, harmony, and frnier
feeling. It ?vould tend greatly to ren
tbo eonfi lence of the American people
i the vigor and stability of their institutio
! It would bind ns more closely together
a nation, and enable us to show to
world tlic inherent and recuperative po
ers. of a Government founded upon I
will of the people and established i
on tho pri ncip'es of liberty, just
and intelligence. Otir increased siren*
and enhanced prosperity would iri
fragibly demonstrate J.he fallacy
the arguments against free insti
lions, drawn from our recant national d
order?, by llio enemies of republican g
eminent. The admission of loyal me
bers from llio Slates now excluded frt
I Congress, by allaying doubt and appreln
sion, would turn capital, now awaiting
opportunity for investment, into the cln
nels of trado End industry. It would a
viate the present troubled condition of tin
States; and, by inducing emigration, !
in the settlement of fertile regious now \
cultivated, and lead to nn increased prod
lion of those staples which have added
greatly to the wealth of the nation a
the commerce of the world. New fields
enterprise would be opened to our progr
sive penp'.e, and soon the deta&tatii
of war would be repaired, and all t
ces or our domestic differences effa<
from the minds of our countrymen
Iii our efforts to preserve the unity of Gi
eminent, which cons'Jtut es us ooe peoj
by restoring the States to the conditi
which they held prior to the rebellion,
should be cautious lest, having rescued c
nation from perils of threntened disinteg
tion, we resoit to consulidation, nnd in I
end absolute despotism. As a remedy
the recurrence of similar troubles, the *
naving terminated, and wtib it all occa&i
for the exercise of powers of doubtful c<
stitotionalily, we should hasten to bri
legislation within the boMndaries prtscril
by the Constitution, and to return to t
ancient land-marks established by <
fathers for the guidance of succeeding g
eratfons. The Constitution, which, at a
time, evsts uutil changed by any expl;
and authentic act of the whole people,
saoredly obligatory upon all. If, in i
opinion of the people, the distribution
I modification of llie Constitutional pow
b<>, in any particular wrong, let it be c
reeled by an amendment, in the w.?J
which tliq Constitution designates; h
let there be oo change by usurpation,.fn
is the customary weapon . by., wbich I
Governments are destroyed. Waabingi
spoke these words to hfa country m
when, followed, by their love apt! gratitu
be voluntarily retired'from the cares bf p
lie life. To keep ell things wilbio
pale of oor eon?tHntiot?r ^powers, i
ch^mhthe Jfadeuii Uaioo 'a*; the a
rpek of safety, were preeop bed by Jeffcr
aB rtiloa of notion to endeat- bis count)
men to the trne-ptinolptew'of their Com
Ration and promote : % anioa of scntim
j*H>. action equally au*picions to tUeir lit
' I ^S^W^fety, JaiTcsod ^ld th^
inla always be strictly cunflne'I to the ppliere c
ap. its appropriate duties, and justly and forci
I i.I - > -i
) a 1 u,y uracil mill our ?i >vernmont is not to b
maintained nor our Union preserved b
js a inVils'?ns of tho rights and powers of tin
site R0Vora' Slates. In thus attempting t
jC make our General Govern men t strong w
tof make it weak. Its true strength consist
ro_ in leaving individual* and States an mud
on_ as possible to themselves; in making it
t|je self felt, not in its power, but in its betiifi
j cence ; not in its coutrol, but in its protwc
?nd l'on ' not binding the States more closo
5 of '-v to ^ie conlro) hut leaving each to mov
the lll,?hstriict<j*l in its proper constitution:!
ind ?'hit. Tlieso are the tea chings of mei
Qn whoso whose dee<ls and services have mailt;
tl,0 i them illustrious, and who, long since, hav?
ent w''hdrawn from tho BCPnes of life; hnv<
re left to their country the lich legacy o
their examples, their wisdom mid their pa^
tiiotism. Drawing fresh inspiration from
their lessons, let us emulate them in lov<
of country and respect for the (Jotistituiioi
! in - 1
and the laws.
isc t 0
lse ?37? Last week wo were unable t?
nis ; publish the Govetnor'a Message entire
ac^ ! Wo givo below the most interesting par
I .... -
u,,v ; ot that winch wo omitted in our last isMi?JURISDICTION
REMITTED BY THE Mil.IT A 111
TO TUB CIVIL AUTHORITIES.
ne' Tho Acts passed at the lato extra seFsion
f3 were transmitted to the Military Command
l1'' ! ant of tlie Department of the Carolines, a
Charleston, and on the first day of Octobe
l',u last, by General Orders, bo remitted al
tlie j cases in whi?h ih<> inhabitants of this Slab
ra* w?;ie conri*ni*d, c'n il aiul criminal, Lo tin
lall civil aii'horiiics.. If ?qual and exact juslio
is i!i<-U'd out to all the inhabitHiitS of th<
? ! State by courts and juiies?if the fivedint:t
b'd | mceivu that protection of per-on and prop
est, orly which the Ia\v6 now <*u.tranuu tbein
d,e wt5 will not again he adjudged by Provns
jn Courts and Military Coinmi.isioiis, and w?
will vindicate before the world, our !u^>l
im" sense of moral right, by enforcing iniji irtia
t ft j ill stiff ivli^lllur llm l"> !
. j . ...u annul wv I1UIIIU1C Ur V*'
h? | ailed.
j Experience will demotiMrato the wisdom
I <>f your enactment authorizing negroes tc
! testily in itll cases. It lakes away the im1,1
| jtiinity which bad man have long enjoyed,
?ns. j in tempting these ignorant people to pet puns
( Hate crime for tlie benefit of the templots,
ihe ' ' 'u> >~esiil( of tliH experiment at the late
Fall Term ?>f the Courts lias been entirely
i satisfactory, and most of the fteertmen who
''ie have been called to the witness stand, have
up- manifested a highly creditable desire to tell
ice the truth. The extension of the privilege
has had n salutary ii.flueiict? in encouraging
and elevating their moral sense. Many of
?* tliern appreciate their obligations to society,
j and readily assist in bringing to punMitu
j ment evil-doers of their own color. They
j8_ are invaluable to the productive resources
of the State, and if their labor be lost by
removal to other sections, it will convert
:m" thousands of acres of productive land into a
501 dreary wilderness. For this reason, I have
an- felt it to be my duty to discourage their
an migration. The short crops of the present
year should stimulate the planter and farB"*
I/X . I I . yr
iimi in miicn vu cnuiyv :iuu cuu-rprine. JLlrt
will, however, lind his lands of little value, il
use lie cannot command labor to cultivate them,
aid If the negro remain here, his labor must he
j,,. made sufficient Is- remunerative to subsist
and clothe him comfortably. Schools
must bo established to educate his children,
'80 nnd churches built for his moral training,
"d The experiment of free labor, whilst it
I of has not been entirely satisfactory, is far
e9. from proving a failure. Where the blacks
have been adequately compensated and
>ns kindly treated, thev have generally labored
ra" faithfully. Suddenly relieved from the conned
trolling will of others, and exemptdd from
, the compulsory labor which had, through
ov. life, been exacted from thetn, they have
. performed, during the present year, nn
1 e' amount of voluntary labor which may well
100 excite sirprise. The indolence of some,
we and the improvidence of many, will doubt*
)Ur less cause them to undergo much suffering
before they are educated fully to the necessity
of constant and untiring labor, and to
proper thrift and economy,
for Humanity and sound policy unite in do
rar manding that we should provide for the
ion H8e(' l',e nn<l the helpless, and I
tl.eieforo respectfully recommend the pas1
sage of nn Act making it incumbent on the
n? Commissioners of the Poor to provide suit>ed
able buildiDgs at the various District Poor
he Houses for their accommodation, and to
)Ur subsist them.
The Regents of the Lunatic Asylum have
en* wjaelv and humanely made .provision for
?y the reception and treatment of insane coloricit
ed patients, and the Commissioners of the
is Poor in the several Districts should bo rethe
qll're(* 10 make the mine provision for theii
Hiipport in the Asylum as now exists* foi
white, pauper patient* iu that Institution,
The idiotic and epilcptic may bo well taken
jor- care of at tlie DUtriot I'oor House.
in 'fFIK PUtlOIIABK' Of COIiN. " .
lUl Pursuant to the resolution of 21?t 8ep r
it b-mlwrr last. niiMtd b*r th? (ImpmI Atum
re* bly, 1 appointed Colonet I>. Wymt Aik?if
ton. Aijep.t of tfia Slate to tanks purchase* ol
corn. Having satisfied Iums?lf fully Chwl
e the.double reBtriction imposed in rhe re*o~
?d?ir luUot) random) it fimpOMtfeie t effect purub
olmiMtS, he'-^lfecrtned the'Appointowrit. 1
tb? concurred fully it) his conclusion, that (ix
jpj ddtibte restriction poderecL.'Ute whoU
_j ' scheme nogAtoTjjjwd mHrH?wfo?
' sppOMt^ juttther-AgecL. /Chft reaoletioi
*0* required th*t three hondrod thousand doU
rjr?- laaa ?f>boodi shoo Id purchaaft and detirei
iU? itvih?*fturt#4h?rt Mifdnd thousand bosh
, ?ls of com, It is reasonably eeila1nrtl)tf
r . . tiitftorn<ft'?5ott!4>ot hire b?Sn Wd"/<jf maR
*1
til* ttdiWMdjptoar tUU**> parfcoahelr-'Ttu
1 ' * V->ii~tx .-i
?f correspondence between Colonel Aiken and
_ myself is herewith communicated.
Tlie grain crop of the Stale has been gathered,
and you are better prepaied now, than
^ at th? extra session, to determine the defiu
ciencv, ami what will be needed to supply
o the absolute wants of the poor. \Y lien you !
0 have fixed the amount, the grave question j
^ arises, how are you to supply the fund-' to j
j purchase it ? The fevoriuli hih! unsettled '
'' condition nf public afl'airshas not tended to j
I appreciate the credit of the Southern States; .
_ and if the purchase of a large amount of j
breadstulf*. for distribution among the poor, j
is to be ellected by the sale of Statu bonds, j
it can only bo accomplished at a ruinous I
0 fl >
I U..UWU.IU j ?ic tjni-Miuii is rarnusiiy com? j
I j mended to your gravest deliberation.
1 Tl.o firm of liruwne & Schirmer, grain
, merchants of Charleston ami Columbia. !
^ I have made a proposition to furnish corn, and ^
i have requested me to lay it before you. j
9 ' They propose thai, if the State shall advance j
f : to them twenty-live thousand dollars, which j
. ! thoy will give approved security to refund, I
lliey will engage to furnish sixty thousand ;
bundle's of coin per month, to he sold at ac[
tual cost, with transportation and twoand- |
1 i one-half per cent, commmissions added, to '
the c tizons of the State: invoices to he sub j
mitted to commissioners, and the corn to he
3 subject to inspection by the commissioners
i. or by on agent. If a largir amount should
^ be needed monthly, Hint larger amount will
be furnished, upon condition that tho State
' make a prn ruhf increase of tho loan. The '
r money loaned is to he returned as soon as j
the conti.'ict terminates, h is proposed by j
j these gentlemen to establish depots for tho J
' sale of the corn in Charleston, Columbia I
ami Marion, from which points it may be
I readily distributed to eveiy section of the
r State. The members of the firm pre en?
| terprising and trustworthy, and, if such a
j contract is awarded them, tliev will douht.
less fulfill its stipulations with fidelity. If
u the necessities of tito State should require
; the importation of one million of bushels,
i ! to supply the wants of those wl o must buy
. j and are aide to pav, the saving to the poo?
, pie of the State, by such au arrangement,
I i woiiiu noi lull sijorl ol two hundred thous?
I unci dollar*.
i j I have been informed Unit a proposition
I j of the same sort will bo submitted to yon by
. A. M. Riker, a yiiiin merchant ol'Charleston,
who can furnish \ou with satislacUiry testi
i iiiciiiials of integrity ami business capacity,
i These plans f.-r supplying with corn the
whole population, including the Hoards of
, Commissioners of the Poor, who will be
compelled to provide for a large number of
indigent persons, at a profit of only twoand-a?half
per eent. lo the contractor, on
cost and expenses, are commended to your
: ^vornhle consideration.
HEAVY SHOE > FOR LADIES.
Winter h commg, and we de?ire to say
a word or two to our ladv tenders nhnnl
clothing tlii feet.
When tlio celebrated physician, Abernetby,
died, report said that, besides a will
of some interest to hi* heirs, in a pecuniary
point of view, there was found among
his effects n sealed envelope, said to contain
the secret of his success in the healing Art,
and also a rule of living, the following of
which would ensure longevity.
A large price was jiaid for the sealed
envelope, it was found to contain only
these words : "To insure continued health
and a ripe old age, keep the head cool, the
system open, and the feet warm."
Dry feet are warm feet, fenernlfr. if i!>a
- " I D J * "" "
6ysteui id healthy. To kwp the system
healthy the circulation must he good. Tbe
circulation is not good without exercise,
and exercise can only be really valuable
when walking. Hiding in a carriage is no
exercise at all ; it is merely inhaling the
air. Tine i3 very well &a iar as ii goes,
but the lungs are not in full play without
the iudiviunal is walking. Horseback exercise
is very good, and is an improvement
on carriage riding, but it is uot tbo kind of
heallh-cieating play of tho muscles nature
demands. It i? action?action of the entire
body?and walking only will procure
it.
Now the ladies of Europe, particularly
England, understand this tiling. Tiiey Walk
mites per day, and i( any of our pule beau
ties desire to know bow the English ladies
keep their floe color, clear complexion, and
' superb bust?, we tell them it is by out door
exercise; walking in the open air; tilling
the lungs with pure oxygen by rapid movei
ment on a sharp October day, when the
sun bines brightly and the clear blue sky
is above. This is (he secret of the rioti
billww 1 r?F tKo RmrlicK niAmAw o?/l ol I
most universally fine looks and matronly
beauty ai fifty, when at that age American
' women are pale, (fellow, and wrinkled.
' To enjoy a walk thick Boles are needed.
Stout, weli-fiuing call-skin, lngh gaiters,
neatly laced, will alwaye "set off ' a pret'
ty fool, and improve a bomoly one. To
... guard tlwrt aenshhre portion of the human
p frame (for the sole of the foot i? keenly sent
aitve fO lire changes ffom hont to cold, ordry
ne8a to dampness,^ the boot, Bote should be
thick, and as well.maJa as huumu ingenuity .
c^odott. Then, venia moist weather, or
, in.a rain storm, the foot oao be protected ;
, th<* insured, all ia well with the body. -''
\ 1 % / >\;
Wendell jPjbillips eays be wm wedded
r to Wath aad philanthropy wben A .boy.-?
-1 ua ?kt0 o?e<HDa a- widower when
i r^ttite -fW.
? L ' "> . *v'm *> < i-. v-Ht ..
[I JSBS}*$* U. eopetimte out of *>W.
r j- We heard ? iptu botal of be>D& a baobei
?;k>r, &? bit father *m before hini.
WIUTTKN FOK TIIK ADDEVII.I.K I'KKSS.
TO THE CITIZENS OF ABBEVILLE DISTRICT.
Til a former communication I attempted
to show tlio moral responsibility of the
debtor in regard to his contracts made before
the emancipation of slavery, and promised
to review the subject in its leyal aspect.
I confess to a feeling of great diilidcnco
in entering upon the discussion of
this division of the subject, in the presence
of such profound legal bearing as your
District affords. A Judicial tribunal is the
proper one to which the subject should be
, referred ordinarily, but tho extraordinary
condition ol the country renders it entirely
appropriate that the people should take I
counsel together upon a matter which in
volves each individual, and the general interests
of the whole. W<? nl-n iviiluml l/i.
gal decisions to which to re for us precedents
on this subject. It is something new.
We inu^t therefore, a utilize it ab initio.
The first question to determine is, what is
a contract? It is a creature of the law?it
exists only in contemplation of the law.
Its extent, its duration, its terms ate all
determined by tho law?nor, in this pcupp,
has it aii)r moral significance whatever.
The law enfnrce9 a contract never because
of the "promise to pay" simply, but beeaubt
of tlie "value received" of tho payer.
Property then is the ba-.is of all contracts
?il is the lei/al obligation of the contract.
If two of us are about to contract, the payer
will only contract to an extent proportionate
to the amount of property the
payer has, and if he has nothing, the exlent
of the contract w.ll be proportionate
to the niiilmbli* I?nrnin(?t ??f liic \\T *
have shown, therefore, that the legal ob'igation
of the debtor consists in tho property
which he has at the time the contract
i3 mrde, and may thereafter liave, and
which tho creditor and the law both recognize
him as hav'r.g, and for which the "law
makes him responsible. What now is the
pl??a of the doctor ? Ii is that the law can
not decree as_r?ii;?t him, except for the remainder
of his debt, after deducting an amount.
e<]ual to tho proportion of his property
which it has destroyed. To show this to
be Ilie law is to establish the plea. The
President issued hia proclamation abolish^
ii;g slavery throughout the United States.
Coitjyress approved this proclamation, and
so amended the Constitution as to contain
the same provision, thus making the abolition
of slavery tho constitutional, fundamental
law?not a statutory provision or
enactment, hut the organic law of the
land. The State of South Carolina ratified
the same provision in her Constitution, thus
making the abolition of slavery the organ*
ic law of the State. We are not permitted
to question the Constitutionality of this
law. It is the constitution itself and we
dare not oppose it. We held it at bay for
four years, and wero at last forced to acknowledge
i?, however reluctantly. If the
quesiion had rested alono with the destruction
of property by the act of the public
enel^v, tho debtor would have been left
free to regain hi* property at a future day
j ii.v \> < vav.( viviic) vi uuij uu itta uw II
responsibility ; but the law having not only
sanctioned the net of the public enemy,
but made the dost ruction universal and
complete, renders it impossible fur him ever
to regain if. What is the relation o.f this
organic law to contracts existing at the
time of its advent! Does it fuYnish any
new rule of interpretation ! Does it alter
their lerim or requirements 1 So far as we
can perceive it adopts the existing rules of
construction at the time they were executed.
If the "lex loci contractus" the law of the
contract where made is invariably the rule
of construction, is it not equally true of the
law of the contract when made. This
samo law, as declared by the Court in the
late case involving the constitutionality, of
the stay law, say# that every means existing
at the time the contract is made, by
which the creditor it enabled to enforce his
contract, is implied in the contract and be- |
cornea a part of tlie same, therefore to fitay
process is unlawful, is the reasoning of the
Court. Then, by a parity of reason every
species of property existing at the time the
contract is made, and every law in relation
to that property, is a part of the contract?
the legal obligation of the contract; hence,
if the law destroys that property, that. legal
obligation, the argument is reduced to
the foUowing proposition?, that either the
destruction of the property it unlawful, or
that the contract is broken. But Che former
proposition cannot be trae. -We can
not the destruction of the property
is unlawful; it.is the law of the Constitution
v ftself; therefore the destruction,
by the law, of the property, on which the
oooitraot is based; destroys the contract, and
release* the debtor to the-> extent of the
property destroyed. This property was
the basis _ of ,tbe contract?it. was thai
which -rvas-pledged for its fulflUment?that
upon which both creditor and debtor retted
as a pa** of the contract. This Uw, as
thjfy lplerpret^? in now*y infringes ppwr
the OonUkation-of the United Stales, The
language of is *m> StuU
** .
sliall pass any law impairing the obligation |B Kg
of contracts." Tlio Stato Las not passed
such a law. It is no enactment?it is SDNs
the organic law of the wholo land, which. an
every court, both State and Federal, is
bound to observe. This being the law of ;Hs8h
the country, and that law having altered
iho conditions of the contract by destroy- 9 B
ing the property of the dobtor, can it en- wSraa
furco that contract against him to its full ?BjM
extent. It has destroyed nine-tenths of
tl'O debtors' properly which whs pledged
for the fulfillment of bis contract, can it
iiivreiurc txHci ume-ienins 01 ins debt, thus ^ ESB
licaping upon him a double injustice? The 9 H
law is a uniform, consistent piinciple.? B fflj
Chief Justice Coke declares it to bo "tho
perfection of reason," that "reason is the jHRSuS
soul of the law." If the law, thon, has HSgj
broken the contract, is thoro any reason
why it should enforco it? If the law, in- ttSdM
stead of abolishing slavery nloae, had declared
all property abolished?lands, hou- Sprafl
ses, slock, &c., would any one have then Sggifl
charged the law with such absurdity as to SmRR
enforce ?ho contract against tho debtor! H
; with what tnoio of reason can it enforce flafi
j the contract for the nine tenths of the prop* IBBj9
| erty actually destroyed ? Tho Barae high IcSfflH
| authority, after declaring "reason to be the
soul ol the law" says, "when the reason for I|bBB
any particular law ceases 60 doOa the law sflHEj
itself." Tlio reason heretofore existing why BBKra
the law should give judgment ngainst the MB
debtor, wa3 that the contract remaining H
unimpaired, the debtor refused or neglec- -JHB
ted to comply with it; the lav, therefore, ;fl?g?|
gave judgment against him in behalf of .
the creditor. But in this instance, the '
contract is broken, and the reason of tho
law having in consequence, ceased, so does BUS
the law itself by means-^f its own opera* ^R&
Linn. The debtor pleads that it is no fault flHn
of his, but of the law iuelf, and therefore UH
cannot, in Us execution, do hira tho injustice
of destroying his contract, and still 1MB
force him to execute it. The creditor, it is j3HB|
true, has a right whethor abstract or con- HBB
crcte, but he has no legal remedy; and |^M9
where there is flo legal remedy, there is no 9B
legal right. His appeal must be to the 3BH
same law which has violated the contract. UkB
mai law says it cannot exact tbo debt of BUM
the debtor, unless it reinstates the contract IHJ
by returning to him its basis, which it can* ijjMQ
not do without ignoring its own existence fifi
and authority. Ilence the creditor must -flSj
lose that proportion of his claim equal to
the amount oi property destroyed by the nQS
law. SALUDA.
PROFITS OF LITERATURE IN ENGLAND. Sgg
A London letter in tbe Chicago Trib- gjffS
une maintains that this is the golden age ISflj
of literary men as regards the prosperity of
their private circurmtance3, and goes into
details as follows:
As Charles Dickens himself made known BB
the dispute with his wife, there is no barm Sh
in alluding to it, or in concluding from the ?Eg
fact that he allows her ?500 a year, and aWS
that he keops up both n town and country ggg
I * m "
nouse on a scaio ot considerable expense,
that his income is not less than ?3000 or Mi
?4000 a year, probably yet more. His H
periodical All the Year Round produces 9fl
him nearly half that sum, and his "Read- ffi
inga" in public are worth ?500 a year. wg|
Mr. Dickens Is generous and sympathetic B
?always ready with his purse in a good jag
cause, and also with his influence. Mr. e9
Tiollope has a good income in a govern-*
ment ofilce, to begin with. He keeps his JK
hunters, and is splendidly mounted at the
sport. lie usually has a houseful of com* SB
panv, though he works as bard as any S
man I know. Be is in no danger of want, SB
even though the American Oongress ad- 1?3
heres to its unfair and suicidal course. jagg
Kingley's professorship at Cambridge, &
though it appears to have taken every drop g*a
of manliness out of him, has at least' sop* IB
phed him with a competent income and. jM
added considerably to the means wbwsh his 8B
ehuri-h livihg already supplied. Of friend gg
Tupper what shall be said ? He is immonse- in
ly proud of the popularity of his wnrlr* In
AmericM, and invam' ly recurs to it la fffi
talking of the contemptuous treatment be 9
meets with from critics At home, sod, on a
beautiful estate in Surrey, thanks bis stars |jj
tbstif the censors are agaiost him he can/ ^
thrust a hundred editions in their faoes.? 8m
Alfred Tennyson, bad be oo pension, would >. 9
htill be a rich man. Tbe author of ^en . 9
Thousand a Year" ruminates in tbe opfr - 9
lence of a highly paid judicial. office, fb* asl
which he has only party reccoutroendatlbns. 9
Miss Evans has-but to lift np ber finger, g|
and ball the publishers of London would 9
run tolisr and bid a preposterous 4g?m< |B
.for her literar* ttf 'A-'
t v. ioii^iuuh .
authors, the MoLeodB, and Gothries, ioA - 9
Sporgeons, I can only say (hat tiHfofls the ' H
most prosperous calling of any, squatting 9
even Mr. Boncicault's pay for new dramas, 9
which is a bold. ftUtanaoi to -pajpv- jfl
word, tho poor auih?*, who i?at thaw?# ;?
time deserving, c&n hardly b? aald to;?dit * - M
ip E^andWtfcipfWnti ~ fl
TSlfri**?o( R*^a?D, ,9