Orangeburg news and times. (Orangeburg, S.C.) 1875-1877, March 10, 1877, Image 3
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SATURDAY, MARCH 10, 1877.""
ltfo More Gruntisra.
The besot, ted military ruler of
America for eight years gave over the
reins of this government to his suc
cessor on Sundtiy last. The country
is rid of Grant at last, and may
Heaven save it from a like nfiliciiofi
in future. 1J is reign was character
ized by oppression of the .South,
nepotism, and corruption. It had no
redeeming features about it. Grant
did everything to impoverish and
humiliate our people his drunken and
depraved imagination could suggest.
He never cared to conciliate the
Southern people, or do an net which
would call forth their gratitude. And
here today, almost twelve years
since the close of the war, wo find them
as poor as they were when Sherman
left them. Why is this? Because eight
years of'Grnntism has done well nigh
as much towards desolating the
country as did the march of Sherman
Grant left the South where he found
her?bankrupt, humiliated and under
the heel of the military.
Let us all hope that Hayes will be
as exceedingly kind towards us as his
predecessor was desperately wicked.
Granfis out of office, and the South
will not mourn if she never hears his
name mentioned again.
Chief Justice Hoses Dead.
This important figura in the pre
sent complications of South Carolina
breathed his last at the residence of
his son in Columbia; on the afternoon
of Tuesday last. He was 72 years of
age, and was the son of Major M cyer
Moses of Charleston. He graduated
at the South Carolina College in De
cember, 1323, in a class of six, of
whom were William P. Cclcock and
J. Ramsey Davis. Ho 'studied law
with James Li. Peltigru, and settled
in Sunilcr District fifty three years
ago, ?when the village of Sumter was
but a cross road. He married Miss
McLollan, of Alabama. He was a
Union man in the nullification con
test, and was d leading lawyer of
Sunilcr. He served for thirty years
as a member of the South Carolina
State Senate, from 18"J? to 1660; was
appointed commissioner to North
Carolina in 1SU1 to induce that State
to secede; was for a awhile on the
staff of General Wise, of Virginia;
was a member of the convention of
1800 to reorganize the State govern
merit, am' was elected Judge in 1836.
Deprived of his office with all the
other Slate Judges by the new State
government of 1808, he was soon
alter elected Chief Justice for six
years, and was re-elected at the end of
that term.
Judge Moses acted with the Rep lib
lie mi parly until the famous decision
in the mandamus case against tho
Board of Slate Canvassers. He voted
for Wnde Hampton for Governor last
year.
His decisions upon the supreme
bench were generally supported by
the best legal minds in the State.
The newspapers don't do all the
thinking. In fact, very lew, if any,
of them do an}* original thinking at
nil. Instead of leading the public, as
they frequently claim to do, the pub*
lie really leads them.?Neicltorry
Jlfrahl.
We arc glad that our contemporary
is beginning to appreciate the light in
yvhijti his paper is regarded.
The Decision of the Supreme
Court.
The hebcas corpus case of Tilda
Norris, the couvict pardoned out of
the Penitentiary hy Gov. Hampton
which has been before the Supreme
Court for a long time, and which the
Court has postponed from time to
time, upon various pretexts, has finally
euded, and the prisoner has been dis
charged. After the illness of Chief
Justice Mo3es, tho Radicals brought
every possible influence, to bear upon
Justice Wright, to prevent his deci
ding in favor of the pardon, which
involved the recognition of Gov.
Hampton, but on the 27th of Febru
ary he mustered up courage, and
signed the following :
Supremo Court?3Sx-parte Tilda
Stephens, alias Tilda Norris.
It is ordered that the petitioner bo
discharged from the custody of the
Penitentiary.
A. J. WILL ARD, A J. Presiding.
I concur in the above.
J. J. WRIG II r.
It was agreed, however, that the
decision should not be promulgated
immediately, but the news must have
leaked out, whereupon Chamberlain
and bis bull-dozers redoubled the
pressure upon Wright, the effect of
which was that on March 1st he sent
to Justice Willard, by Mr. Boozer,
the Clerk of the Court, an elaborate
and lengthy opinion exactly contrary
to the obove, on the back of which
was endorsed the fc Ho wing naemoran
dum :
"Ilaving attached my name to an
order discharging the petitioner in
this case on the 27th day of Februa
ry, 1877, after more mature delibera
tion, believing that the order should
not have been made, I now hereby
revoke, recall and cancel said order,
so far as my signature may have gi
ven it sanction, and substitute the
foregoing opinion in its stead.
J. J. WRIGHT, A: J;, S C."
After this Judge Wright disappear
ed, and it is^reportcd thufc be wont to
Washington. An interview had
with him by a reporter of the Journal
of Commerce, is published on our
first page. It is lively tv..ding, and
states that the bull dozed Judge was
on the verge of delirium tremens.
Justice Willard had the joint de
cision placed on record, and adjourn
ed the Court, stating that he had in
tended delivering his opinion orally,
but the absence of Justice Wright
precluded his doing ho, and he would
write out and file his opinion. In
this written opinion, which is pre
faced with a statement in regard to,
the final order, he says :
At the request of Associate Justice
Wright, I suspended the filing of the
order until Saturday of this week.
On Thursday an opinion was placed
in my hand by the Clerk of the Court
purporting to be the opinion of
Judge Wright although not endor
sed with his signature in the custo
mary manner. This opini u wasacc
companicd by a memorandum hav
ing the signature of Judge Wright,
purporting to be a revocation of the
previous order in which ho had con
curred. * * * I deem it important,
in view of the important questions
involved, deeply affecting the inter
est and feelings of t"he people of the
State, and in view of the anomalous
and unprecedented character of the
recent proceedings taking place be
fore a court of last resort, to put on
record a brief statement of the re
sults arrived at by myself. My con
elusions are:
1. That, according to the returns of
the managers of election in the scv
era! counties, made in duplicate, and
one copy thereof transmitted, sealed,
to tho Secretary of State, and the
other filed in the office of tho respec
tive clerks of the courts of the sever
nl counties, Wade Hampton ^received
tlie highest number of votes lor tho
office of Governor of this Stato at the
election held on tho 7th day of Novem
her last. That such boing the fact,
he became Governor of this State by
the direct declaration of the eonsti
tution contained in the following
words: "The person having the
highest number of votes shall bo Gov
cruor." * * * *
2. I conclude lhat tho ncceptauco
by Mr. Chamberlain of tho declara
lion of an unauthorized body to the
effect t hut he was elected Governor,
and taking the oath of office thoreun
der, was an unlawful usurpation of
tho office of Governor; inconsistent
with the provisions of thoconstitu ion
in reference to the right to hold over
until his successor is elected, and du
ly qualified; and does not present a
caee for holding over within tho con
lemplation nud intent of the coustitu
tion.
*******
4. I bold that no executive, legis
lattyeVr judicial act is requisite to
fulfill any condition, or remove any
obstruction, impending the full exe.
cutiou of the purpose and intent of
the clause of the constitution, declur
ing the person receiving the highest
number of votes to be Governor, and
that Wade Hampton is entitled to
claim the efficacy of that clause of
the constitution, and in virtue thereof
is Governor of the State of South
Carolina, and his pardon duly issued
is entitled to be respected.
It is stated that all tho Judges in
the State have recognized Governor
Hampton except Judge Carpenter.
If this be so, and Judgo Reed has con
eluded to recognize the lawful Gover
nor of the State, it isstraugc that the
sheriffs of Charleston and Orange
burg Counties should refuse to rccog
nizo commitments signed by a Hamp
ton appeintee.
In the U. S. Senate.
In this body there was a live
ly discussion on Thursday and
Wednesday of this wcelc, between
Bayard and Blaiuc. Tho lauer ad
vocated the seating of Packard's bo
gus U. S. Senator, Wra Pitt Kellogg,
and was opposed by Deleware's great
e.-t orator. Mr. Bayard moved to
refer Kellogg's credentials to the com
mittee on Privileges and Elections
and said that, his reasons there for
were those warranted by the unbro
ken usages of the Senate since its
organization. The credentials of Mr,
Kellogg did not create ! a prime facie.
easo. because tlioy wci\8"*l8iguul- bv
Stephen B Packard, who was not
Governor of Louisiana, cither tie jure
or tie fac o. On the contrary, the
Senate must take cognizance of the
public fact that Francis T. Nieb?lls
was the Governor of the State, and
had a legal Legislature acting in ac
cord with him; that they had control
of every part of the State of Louisia
na, except about one acre, upon which
stood a hotel, used by Packard as
a State House. He argued that
Nieb?lls was the only Governor
of the State lo-day, and his certificate
was the ouly one the Senate of the
United States could justly respjet.
Mr. Bayard rcplicd^to the argu
ment ofBlaine, to the effect that the
decision of the Electoral Commission
was binding upon the Senate, and
contended thatihat decision had no
force in law to control the action of
the Senate.
Mr. Bayard referred to the remarks
of Mr. Blaine made on Tuesday, and
said he recognized in them the same
cry for sector!ul ^aggression that had
been heard for years past. It fell
upon his car like a fire bell at mid
night, and he earnestly hoped it would
not be heard by the President and
his ^constitutional advisers. In con
elusion, he deprecated #this sectional
aggression, and hoped there would* be
an end to it now.
Mr. Blaine bad tho following let
ter read.
Columbia, S. C, March 6 1877.
To Won. D. T. Corbin :
I have just had a long interview
with Haskell, who brings letters to
me from Stanley Matthews and Mr.
Evarts. The purport of Matthews'
letter is that I ought to yield my
rights for the good of the country,
This is embnrJassing beyond endur
ance. If such action is desired, I
want to know it authoritatively. I
am not acting for mjself' and I cau
not assume such responsibilities.
Please inquire and telegraph mo to
night.
D. H. Chamberlain.
Morton followed in favor of Kol
logg.
The question bciiig on tho substi
tute by Mr. Bayard for tho original
I resolution of Mr. Blaiue, in the case of
Kellogg, it was agreed to by yeas 35,
unya 29.
Tho substitute is at follows :
That the credentials of Win. Pitt
Kellogg, claiming to he a Senator
from the State of Louisiana, do now
lie upon the table until tho appoint
ment of a committee ou privileges
and election io whom they can be
referred,
This vote was a triumph of the
better portion of the Senate and gives
a better chance to Butler of our
State, as Corbin's credentials went
the way of Kellogg's,
The following cabinet nominations
were sent into the Senateon Wednes
day, but were not acted upon on that
'day: Secretary of State?William
M. Evarts, of New York; Secretary
of the Treasury?John Sherman, of
Ohio; Secretary of War?George W.
McCrary, of Iowa, Sccrcturv of the
Navy?It. M, Thompson, of Indiana;
Secretary of the Interior?Carl
Schurz of Missouri; Attorney Gene
ral?Charles Devons, of Massachu
sett; Postmaster Gencrnl?David M.
Key of Tennessee.
The debates in the Convention
which irumed the Constitution, as
reported by Mr. MndiEon, show very
clearly that, by the guarantee of "a
republican form of government" ''the
only restriction imposed on the States
is, that they shall not exchange re
publican for anti republican constitu
tions."?Journal of Commerce.
That is about ull our coutemporary
harps upon. If he would forget for a
season the discussion of obsolete ques
lions and give us the news of the day
?something practical, alive, and
bristling with the spirit of tho hour,
the Journal of Commerce, would not
sound so antiquated. We have had
hash long enough. It is time now to
serve out something more substantial.
How would it do to let irncty years
txuci alone and write of the to-day '!
Some of our good friends are of
the opinion that we arc it trifle too
wicked at times in our writing We
acknowledge the impeachment, ami
plead the unsettled condition of the
country, the perjury oft c Electoral
Commission, the pusillanimity and
downright scoundrel ism of Chamber
lain, as an excuse. It is bard for an
editor to wade daily through ex
changes teeming with the hell smok
ing infamies of the usurping horde in
the land without violating now and
then several of the commandments
As for ourselves, we are very pious,
but when carried away in contempla
tion of the wickedness of our oppres
sors, we are forced to G? Good
Lord, deliver us!
Judith P. Benjamin, once Confedc
rato Minister of War, but now a Q.
C. enjoying tho largest commercial
practice nt the English bar, lately
returned all his briefs for the Guild
Hall sittings, accompanied by checks
for the fees he had received with
them, because all his lime would be
taken up by causes at Westminister
Hull, and he did not think it right to
retain payment for business to which
he could not attend.
Brother Blainc docs not takostock,
even ns a deadhead, in tho "concilia
tion" scheme.. He is reported to
have mid to Senator Sherman : "If
Hayes docs recognize the Nicholls
and Hampton governments he will
disgrace all his friends, who have in.
sisted that he was elected when he
was not."
Brother Blainc said in tho Senate
on Tuesday, that he hoped when he
went back on Chnmbeilaiu and
Packard that his longuo would clcavo
to tho roof of his mouth and that his
hand would forget its cunning That
inun's soul is bill-of-saled to the devil.
Gentlemen of the Logan Cameron
stripe do not seem to be pleased with
the idea of having n Confederate
soldier in the War Department. Un
jon soldiers of tho Bclknap sort please
them better.
Hayes' Inaugural.
Governor Hayes took tho oath of
office before Chief Justice Waite on
Sunday last, aud was inaugurated on
Monday. His address abounds in
fair words, but whether he will put
them iu(o deeds needs to bo seen. We
give his remarks upou the Southern
question in full:
"At the outset of the discussion
which preceded the recent President
ial election, it seemed to rac fitting
that I should make known mybenti
ments in regard to several of the im
portant questions which then appear
ed to demand the consideration of the
eouuiry. Following the example,
and, in part, adopting the language
of one of my predecessors, I wish now,
when every motive for misrepresenta
tion has passed away, to repeat what
was said before the election?that my
countrymen will candidly weigh aud
understand it, and that they will feel
??sau red that the sentiments declared
in accepting the nomination lor the
Presidency will be the standard of my
conduct in the path before me, charg
ed, ns I now am, with the grave and
difficult task of carrying them out in
tho practical administration of tho
government, so far as depends under
the constitution and laws oh, tho Chief
Executive of the nation. The per
manent pacification of the country
upon such principles and by such
measures ns will secure the complete
protection of all its cit'zens in the
free enjoyment of all their constitu
tional rights is now the one Bubject in
our public affairs, which all thought
ful and patriotic citizens regard as of
supreme importance Many of the
calamitous eftects of the tremendous
revolution which, has passed over the
Southern States still remain. The
immeasurable benefits which will
surely follow, sooner or later, the
hearty ami generous acceptance of tho
legitimate results of the revolution
have not yet been realized. Difficult
aud embarrassing questions meet us
at the threshold of this subject. The
people of those States a re still im
poveri.-hed, and the inestimable bless
ings of wise, honest and peaceful loca
Belt-government Is not fully enjoyed.
H'hatevcr difference of opinion may
cxi st as to the < a use of this condition
of things, the fact is clear that in (In
progress of events the time has come
when such government is the imper
ative necessity required by all the
varied interests, public and private,
of those States. Hut it must not be
forgotten that, only a Ideal govern
ment which recognizes ninl maintains
inviolate the rigiits of all is a true
self-government. H'ilh respect to the
two distinct races whose peculiar re
lations to each other have brought up
on us tho tloplornble complications
und peip)exitics which exist in these
States, it must he a government which
guards the interests ot both races
carefully and equally. It must be a
government which submits loyally
and heartily to constitution and
the laws, the laws of the nation and
the laws of the States themselves, ac
cepting and obeying faithfully the
whole constitution as it is. Resting
upon this sure and substantial founda
tion, the superstructure of beneficent
local governments can be built up,
and not otherwise. In furtherance
of such obedience to the letter and
spirit of the constitution, and in be
hal f of all that its attainment implies,
nil so-culled party interests lose their
apparent importance, and party lines
I may well be permitted to fade into
insignificance. The question we have
to consider for the immediate wel
fare of those States of the Union is the
question of government or no govern
ment; of social order aud all the
peaceful industries, and the happiness
that belongs to them or a return to
barbarism. It is a question in which
every citizen of the nation is deeply
interested, and with respect to which
we ought not to be in a partisan sense
either Republicans or Democrats, but,
fellow-citizens and fellow-men, to
whom the interests of a common
country and a common humanity are
dear.
The sweeping revolution of the en
tire labor system of n largo portion of
our country, and the advance of 4,000,
000 people ftom a conditi u of servi
tude to that or citizenship upon an
equal footing with their former mas
ters, could not occur without present
ing problems of the gravest moment
to be dealt with, by the emancipated
race, by their foinier mastors and by
the general government?tho author
of the act of cm nucipation. That it
was a wiso, just and providontial act,
fraught with good for all eouecrned,
is now generally conceded throughout
tho county. That a moral obligation
rests upon the national.gove.rnqs|ht
to employ its constitutional power
and influence to establish tho rights
of the people it has emancipated, and
to protect them in the enjoyment of
those rights when they are infringed
or assailed", is also generally ad
mitted.
The evils which u?lict the South
ern States can only be removed or
remedied by the united and harmon
ious efforts of both races, actuated1 by
motives of mutual sympathy and re
gard; and while in duty bound and
fully determined to protobt tbe'rigkts
of oil, by every constitutional means
at the disposal of my administration,
I am sincerely anxious td'use'every
legitimate influence in favor of hon
est and efficient local self-governmeut,
as the true resource of those States
fur the promotion of the contentment
and p'ospeiity of their citizens, t..In
the effort I shall make to accomplish
this purpose, I ask the cordial,co-opec
atiou of all win chorish aa interest in
the welfare of tho country, trusting
that party ties and the prejudice of
race will be freely surrendered in be
half of the great purpose to be ac
complished. . . ;
In the important work ofrestoring
(he South, it is not the political situa
tion alone that merits attentions Tho
material development of that section,
of the country has bean arrested by
the social and political revolution
which it has passed, and now needs
and deserves the considerate care of
the national government, within the
just limits proscribed by ,tho constitu
tion and wise public economy; but at
the basis^of all prosperity, for that as
well as for every other, part of the.
country, lies the improvement of the.
intellectual and moral condition of
the people. Universal suffrage should ?
rVst upon universal education. To
this end liberal and permanent p re
visions should be made for the sup
poit of free schools by the State
governments, an 1, if needed, supple
mented by legitimate aid from natiour- ?
al authority.
let me assure my, countrymen of
the Soullicrn States that it is my earn
est desire to regard and promote their
truest interests; the interests of the
wh ite, ami of the colored people both
ami equally, und to put forth my
hot iflints iii behalf of u civil policy
which will forever wipe out, in our
political affairs; the color line and tlie
distinction between North ami South,
to the end tha*- we may have not
merely a united North or a united
South, but a united country."
President Ilnye-; goes on to prom
ise civil service reform; to give us
Post Master.', U. S. Commissioners,
Marshals, Ac , of our own choice,
that is, nun identified with the South
by berth.
He recommends an early return to
fpecic payments, and an amendment
to the constitution providing for a
Presidential term ol six years, and
making the President ineligible at the
end of tho term.
In conclusion the President inrokes
the aid ot Providence, which he will
sorely need if ho lends an ear to tho
Pattersons, Packhards and Chamber
lain s.
The Senate refused to confirm tbe
appointment of Wro. Stone as U. Si.
District for South Carolina. AH
honor to Senator Robertson for this
patriotic act.
STANDING
The fine Black Stallion, known m
Joiner's Stud, is now Standing at my
Stables. Ho is Thoroughbred, and hi?
Colts are a* fine as any ever seen, any
where. Terras moderate.
W. M. SAIN*,
mar 10 _ In*
NOTICE.
I have this day withdrawn from the firm
of Smith Kcefe & Co. at or near Fort Motte
in Orangeburg County.
Jany. 22 1877. W. E. LEWI8.
NOTICE.
ScnANToN, S. C.
February] 2nd 1877.
Ib hereby given that 1 am in no way re
qponsible for any dobta already, contracted'
or that .'may hereafter bo. contracted by
Smith Kccf & Co. or Louis Kcefe now do
ing business in Orangcburg County near
Fort Motto, as lam not now nor never have
been associated with them aa a partner.
J.V. BABDIN.. .
March 3 . ' Ini.