Historical Newspapers of South Carolina

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TRI-WEEKLY EDITION.1 WINNSBORZ-O. S. C.. SArTrURDAY. D1ECEMBER 1.4, 1878 IVOL. LIUll'S AND SHADOWS. AN B E'ENTPUL DAY TO WADE 1 AMP 2'ONIND TIlE STATE. While Undergaing Amputation of His Limb, the Governor i Elecoa to the Unitd S'tlus Son_te--3uomn and Impref-sive Senos. We 'nesday, the 10th of Decom - bei., w'I -t IIIa (t>1dty inl thle paw siryof 3SIutil Caro01lia. 1, ' . idy e logi..Aitr by anl Ab1ui tlu. nimlns vote (inly two lI iieais votng for Mackey) elected Governor 11lamipton to the Unit,,d States tienate. At almost the samo bour, the Governor himself, pros trated on a bed of sickness, was undergting a surgical operation, duimed llecess ry to preiero his valuable life. Tihe scenes at the bedside and in the Logalhivo Hall were alike impressive, the convie, tion being most plrofound that upon the recovery to health of t1e man whom the State has delighted to honor many depend in a great ineas tire her ..Political - n1d :maiter,ia future. Tie detLils ot tfd 01a - tion . Ud of the ele tiol ale01 oi0 igven : THE A?MPUTAJION. Until recently it haid been 'hopedt that the G.Voinr's limb might bO.1 Saved ; but a week ago,it w.aS ol iserved by tL attendant physiei a that the wound had assood a more unfavorablo appeara)n'eq' 's the infliiiliation had exieldld so1!e-. whlit, anlti tije proco.Ss of YI.'. i 01o knitting uf the h'ractuIi bOnIes hzi been arrelted. On Tuesday tio conclusion was foied upon the jhysicilns that aInput.1tJ.)n had become im1peritively necessary. This fact was kept from the inva.id as; long ats possible, in crder not to CXCito liml U1ILeCsslilv, I)Ilt when on Wednesday aill p. ep:1rations had been imade and Dr. 13. \V. 'TIiylor made tho result of cosult.attons lknown, tho Governor w.4s not sui prised, and despite the hopo bhe had entertatined that tie limb might be Baved, he p;opared without a iuIjIr mur for the operation. About ~I O'clock, Drs. Taylor, Tally, IrCzo vant, Howe, Griflin. Lynch and 'Green, all of Coilluibia, proceceded to the Governor's residco, and one of these gentlemen h-iving p. xed him under the influence o1 an an A,theic the i lp tation m) qu,ekly and ski.fally peiformed by Dr. Taylor, in accordalnce with what is teciiically knowni as Lister's antiseptic process. Tihe operation was, of course, painless, and was unattended by any untoward in cident or loss of blood. The 'con sulting surgeons retired imminediate ly afterward, leaving Dr. Taylor aono with his patient f r seveial hours. The leg was taken off abour, six inches below the kne . The surgeons had strong hopoc of re covery on Wednesday. THE SENATORIAL ELEcTIoN. While this op)erationl was being performed, the Sonato .and the Honse met in their respective Chambers and votedI separately for United States Senator. lIn the former hodly Senator McCali, of Marlboro, said: "I1 have the honor to place in nomination a name that needs no trd>)ute3 from me, a name that is indelibly impr'essed upon thie bearts of all true eons of Carolina, the name of the true, tried and trusted Wade H1am pton." Sen ato r Seigling seoondled the nomination in a few appropriate remarks, andl Senator Kinsler read a letter from Governor Hampton which is given below. The roll was tlhu called, and every Senator present, twenty. mine in number, including General Gary, voted for Goehor H-Lapton. The five Radical Senators appear to have been conspicuous by their absence. In the House, the hour 'h ing& arrived, Genesral'Gowan rose and made a touching address, concu ing as follows : .Mr. Speaker, I have the honor to -nominate for. the gregt ggeof Senator from South Carohmna one whose past history markcs with certainty his fnture coutse; one who is in the truest sense the omiw bodliment of the brave, just, con servative Democracy of the State ; one whose name has been identified with that' of South Ciarolin)a for three generations, and during the whole of tbhhipdriodshanb) n th exponent of her high. culi4,h chivalry and honor; one who h.is id served in prosperity an. in advorsity, in pjaea and in war. I nood not name the man. No one can mistako to whoi I allude. Thu people of South Carolia bivo every coni)dence in the ability and honor of Governor Himpton. Their hearts are full of gratitido to him for his toils and labors and struggles for then. They aro proud of his well-carned fame and briiliant reputation. At this mo mnt, too. there is in their fooling a touch of tenderness for the ead acci(dent which has prostrated him, and they dosire him elect(d Senator in the Congress of the United States." Col. C. -1. Simonton soconded the nomination. Mr. C. Richardson Miles then read the following letter from Governor 11amp1ton, which had been dictated to him to read : LETTER FROM GovEINOR HAMPTON. Gentleen of the General As. sem/> y : The unfr,ivato accident w iCh his (prived ImO of the op po tunity (,f c un-oiing with your o orable bod.es, renders it proper t t my position in respovt to the Uni:ed itatus sonatorship should he diS inctlV stited and midersiood. an.1 1 the.ef1ro vontnco to i fk thi e suggestions to you befo e the el-etion : In the 1i St plae, I m1uFIt not bA considtred in any senso a eandidatto for the oftiee, which shouiH.neither be toight or de-inedl. And since my nim has b-een mentioned.] in connection With1 it, I have rigid'y abit:.ined from expre;sing any op)inions or wishes of my own nou too sbjoect. If, in the jidviient of the Genie ral Ase:abhy, my trnifer t ) -lo er s"1ne of ;lCtin wrnf] ie-t rub - sei vo the i; t wt ft the Siit .1 n!ed ni it saty iow e!.;-rfuly %vi;l ro spoid to any call t at is in AU npon mo ; bal, ii, o: 1j ot,er h un 1 t 13y deeml that the best intelets of th'i Sttto lem.d that I s1ll rem Lin i, lily presel, position, I will with egial cheerniness accord with thir (-siro. In whateer position m! services are cal:ed for, if it Pleae God to prolong. Lily Hif,, those s. -. vieos phall he dolieated L the Sits in the ture as thay have boee in the past, inspired by the mIost earn - est patriotis; invl desire to proite her best inevests. Thinking the members of the Gea;%l Asio.i'lv for their official and perpoli coa sidoration of me in my iJne;s, and leaving the II.ittAIr entirely to their judgment. I am, respectfully and dinerely, their friend and follow itizen, WNADZ HAMPTON. Tbo roll beingcalled, one hundred and ten Dimocrats and one IRepub lica, Gantt, voted for W.ide Hamp - toi' The other two Ridiecl1, Mil ler .aid impson sent a thrill irf disgust throu:.-h tho assembly by voting for E. W. M. Mackey. The se:ker then announced that Go vernor H unptor hvd received a ma jority of all the votes east for Sena tor. On Wedneday both hiousos met in joint assembly and ratifind the election. This was a good days work. If Proyidonce spares Wade Hampton he will continuo to be of inestimai ble service to the State, not less in the National -forum than in the E&ecutive chair of South Carolina. A SENsATION SPoILBD.--In the mou'Antains of Kentucky, remote from railroads, telegraphs and even stage coaches, there is a village called Breathitt, in the county of JaLckson. In that out of the way nook dwell nany lawless characters, and feuds are frequent among them. Tho other day rival gangs of des peradoes took possession of tihe village, and, drunk and devilish, hamd a battle that resnlted in the loss oIf lifte to severali parties. It haippened that a sie:d!s po.sse, with a muorderer in charge, had to pass that place. It was determined to rescue the felon, who was well guarded. The posso was attacked and made stout resistance Blood flowed and de.ith wounds ware given mand received ; but the party of the law triumnphed, at some eost, over the outlawsi. Th'lelRepublicon pres made this a protett for abus ing the South and the Demoe. atie pacrty. It now turns out tn it the law-abiding men were Demnorrats, while the law-breakers were Rtepub lians, who proved their loyalty during the war between the States by bushwhacking and murdering, and are now practicing among themselves. 'The **n{ jority of the peop)le stand offand bid' them God speed in their good Work of ridding the county 6fa.thdirgegnce.. ovidal dii 'the I.jrgt44 wer ,ri aitLoes. So-'a sensationaJas been spoiled for I Deacon Siths and"' ay -Gotild a LEGISLATIVJ' PRO REEDINGS. WEDNELSDAY, Docember 11, 1878. SEmArE. Senator Gary's resoluitio) in reforenceo to the 61ourt of clainis was disenssed and lost by a tio vote, sixt0on to Sixteen. A number of i bills wore passod, mostly of local interest. Adjournod. IfousE OF REPREsENTATIV1s, Anumber of bills were introduced, among themi a bill to reduce the! cost of dicting prisonors to twenty cents a day. A bill to qniot the titles of par ties holding real estate by tax titles wis rejected. The following woro passod aid sent to the Senato Bill to req county auditors and troasurers4to attLend at cerLain plcos for the col lection of taxes ; bill to amend the General Staites' relating to rennn ciattion (if dowor ; bill to rogulate thl jitrriinment of poisons prosocn ted for criminal oilences ; bill to amcnd nn act to continue of fo -ce an ;act to socnre hndlords ani 'er sons m.k:ng advances ; bill to pro vent stock of one county or town fl ip fi mI trespassing upon the land of another county or town,ship; joint resolution reqiriiing the ele&s I of tile two Houses to finish stata- I tu!n '.R to the Comuptioller -gon 3ral of I netilleates issned by them ; joint 1e3olution to authorize t.h0 city board of s1hool 0omIissioners of Charlest.on to raise cortain mony for the c-trrying on of the city izclhools ; bill to aut horizo the State tes8urer to rec-eive bills of the --!ik of the St to :mA comptroller .'e'ral's warrant.s on wcoant of the ide:)e Iness of Tim-thy flriey, i1te county tre.wnrer of Charleston, I !o the :t 1te ; bill to pr'ovida for the revision, igost and-I arrangomot of the it Ltate laws of the 8- xte, and the hill to Prevoent the Charge off hin I k -ge in the wi;hing of cotton. I A bill W:18 pa.tsed fixing the salary of Legisl.itors it five dollars a dtv for tuirtv J kys. and toll cent. m1ilea,.o 0-;eh w%V. Tht Son .Ao ani.1 IT )qn in Joint Ari.slyrtil.t iSe?.ator Rawlp 'AU .u rna1. Tuonsxy, December 12, 1878. 1- ~A Tr11 S'ver:al b111s woro introduced, real by title ai~ propirly referred. A lar.e nubr of bill1 p:1ssed their t hird ret lin-,o) lost im1 portani. of which are tho following: Bill to repa:l anl act t) pr-evant the sle of spiritnuon. liqnors within one mile of any chnrch, school house or college within this State, approved Mareh 18, 1878 ; bill to reqire Clerks of conrts, sh1oriffs and trial justices to make monthly reports of liconses, fines and penalties col leatod by them to the anditors and treasurers of their respective coun ties. A number of bills reseived a seConld reading-among them the following : Bill to exempt tele graph op)erators from militia and jury duty ; bill to authorize and require the county commissioners. of the county of Fairfield to levy and collect a special tax to meet, past due claims for building public fince. The bill to prevent unjust dis criminationsn by comnmon carriers was then taken up, and discussed without action. Adjourned. HOUsE OF RE~PREsEN~TATIVEs. A numnbeir of bills and resolutions ware introduced, read by title, and' propjerly referred. 'fhe following were passed and sent to the Senate: Bill to prohibit persons living together in adultery ; bill to fix tile pay of the members of the G*eneral Assembly; bill to ereate a Railroad Comimis-, ioner for the State of Sonth Carolina and to define his duties. The en-ucting elemuse was stricken out of a bill to provide a license for trading in seed-cotton. The follow ing2 was similarly disposed of : A b)ill to make county tr%asnrers liable. to taxpayors for issuing against thorn executions for taxes which had been paid by them or offered to be paid by them. The report (unfavorable) on the moifiorial of Thompson H. Oooke, praying payment in full of salary as 1(Igd, clnie before the first of No v@ar4er, 1876, was agreed to. 'A.djo'prned. your subscription~ to the PQoWER 0F THE PROBATE Cotic, Th ConstItution Does not Confer Upon it the Right 'o .xaroIee Juriliction in Partition of R3a1 EStato. As before announced, the Supremo s Court has decided that probate r courts have no jurisdiction in par- i tition of real ost.ate. The ease de- t cid,,d involved two points. Whether I a child born in slavery should be c considered legitiin ito, and whether r the probato court has power to i partition lands. The court decided I the first point affirmatively, citing I tho act of the Legislature of 1805, I logitihizing such children, Justice McKivor dissenting. The Court t was unanimious on the second point, t and its reasons are sot forth in the following extract of Justico Haskell's i opinion: The act of the Logisliture, See- v tion 41, Rovisod Statutes, 673, does a undortd ke to confer such jurisdie t tion, but the Court concurs in the b views oxpressad by Moses, C. y., in I his -ep.rate opinion in McNamee vs. d Waterbury, 4 S. C. Rep. 167, 8, that y to determine the limits of the juris- vi diction of the Court of Probate we b nmst look to the Constitution, by wbich instrument jurisdiction is e conferr.7 In this respect the Con.. stiution of 1868 differs widely from l that of 179J. By the latter the C ju,licial power of the State was w "Voited in such Superior and In forior Courts of law and equity as % the Legislature shall from time to timo directe and establish," and it was left to the Legislature to dis. c tributo the ja liciat powers amongst 1 the several Courts so established, tj while by the foruer (the ConJitu- 9 Lion of 1808) the judicial power is b rsiod in the several Courts named 'n And in suen unaicipal and other '- 81 rovior Courts as the General Assem-- 0 b y mly deem necessary, but the v iunidiction of eact of those named, r tuonY them tha Court of Probate, d is defined and snecified. Thejuris- ti diction thus defined and specified by a Uha Constituaon can be neither a enlarged nor diminished by the v legis,ative power of the State, which b is itelf the creature of the Consti- k( tution and controlled by the pro.. P visionr of that instrumet, which li constitutes the fundamental law. L,,oking to the Constitution then for the limits of the jurisdiction of - th1 Court of Probate. we fnd those Il limits dedined in Section 20, Article a IV, an.i as these defined cases for 3 the partition of real estate are not a embraced, the Court of Probate is L unquestionably a Caurt of inferior C an.i limited jurisdiction. When the t exarcise of any p -wGr is claimed for d a Court of that character, it must I* 81 shown to exist by express grant, or P to bii neivnsrilv eonsequent uponi some, power elearly givan. T..e pOWer 11e:) eXeLCled by the Court tI of Probate is not expressly granted d in the Constitution, nor is it neces- ri sarily conseqient upon any power which is giv.n. The conclusion follows that the P power does not exist. It is possible b that had the decree of the Court of I Probate been final in its nature its " adoption by the Circuit Court might a! have operated as a decree of judg- II ment of that corn t, which unques-h tionably has jurisdiction in partition ii of real est.ate. But such is not the b case, and the decisior of the Circuit I C-surt while it affirms the decisioh of a the Probate Court remands the case for further p)roceedings in that cour t. The judgment of the Circuit Court therefore failed to cure ther defect of lack of jurisdiction, andr neither judgment can stand. It is unnecessary to consider the remaining grounds .of appeals as they are in effect disposed of b,y the conclusion on the question of juris diction, The judgment of the Circuit'Court * is reversed and the case remanded, with instructions that the proceed- e inge in the Court of Probate be die- a missed so far as they relate to par-. tition of real estate. Sp)eakinlg of this decision, the Yorkvihlle correspondent of the Rock Hill IRamp Lon herald says : "No evil results are likely to follow except where minors are concerned, for where adult persons have. been concerned in partitions made in that Court, by accepting the lands as signed, or the money arising -from the sale, under the decree, there is not much risk to run on the part of those now owning the lands, for even if a new partition were ordered 'parties would, ina equity, be required to account for what had been re ceived. The same ruile would doubtless be adopted where minors are concerned. .Th6 ouly trduble that I can foresee nowt is othg. in, case their ;guarda)s bave,;received mnoney atid sgnandered~ it,the.pinorg 3 wottld htueboa bymAha'-rainti A RAiwAY TEMPERANE LxOTUJE. 'Twenty years ago," said the pas enger with the red ribbon in his m11tton hole, "I know that man rhom +ou saw got off at the last tatio. He was a young man of are promise, a college graduate, a ian of brilliant intellect and shrewd riorcantile ability. Life dawne4 efore him in all the glowing colors f fair Hromise. le had some ioney wion be left college. He avested it in business, and his usiness prospored. He married & r-autiful girl who bore him threa zvely .children-.-." The sad-looking passenger, sit., ing on the woodbox 3 "AII at one iwe ?". The red ribbon passenger: "No i biennial installments of one. No me dreamed that the poor-house rould ever be their home. But in n1 evil hour the young man yielded 3 the teml)tor. He began to drini eer. He liked it and drank more. le drank and eneotraged others to rink. That was only fourte6n ears ago, and he was a prosperous, 'ealthy man. To-day, where is 01" The clergyman in the front seat, lemnly: "A sot and beggar." The red ribbon man, disconso-O tely: "Oh, no; he is a member of ongress and owns a brewery orth $50,000." Sometimes it will happen this ay.-Burlington Hawkeye. Tun DuNwron RosE--Near the >ast of Suffolk are the ruins of 'unwiclh Priory, and in the clef to of iese ruins grows the Dunwich rose. 'his rose is said to have been rought by Alonks from Normandy Lany centuries since, and it is ated that it will grow nowhere l8e. It, degenerates. when culti.. Ated, and resembles the Sootot )se. It is a powerfully scented ower, rambles over the surface . of 1e clifts, and is known to botanisiA 3 Rosa arven8is. The owr,h single blossom of .purest .whit. 3lvet, with untlers of. ;blac or rown, a smooth brown. sten Vith mg ellar p thorns, a;d , sm6bifih ointed dark green leaves gioWiC. ke blackberry leaves. HAn No- TAN IrTUE SITUATION. -A petition has gone up to Wasb igton which, tells a -heart..rending bory of waywardness in Tennessee. 'he postmaster, at Jounsboro is meused of wantonly voting the lerl9oratic ticket, and thqro4y bangig a Republican majority of vo tlusancl 14 t6e cougreqsioAq1 istrict to something on. the. ot ir de. The postmaster had not heird, robably, that the postmaster .gene. Ll had gone over to Grant a4 a iird torm, and he was trying to do ie fair thing according as he un orstood the attitude of his supe. or.-E.change. Ever since Eve's incautious ex, i-rience in the Gardep of .Ed4v, ibies haye oeen. ie insttutiou. etted by men anid loved by ; q. oen, their baby lif9 would hp . ysolutely happy eNastenhc0 b6,g lose evidences of mo hiy ex ibitedi in colic, flatulehcy et.-al rippily. relievedt at onge, hoiveve~r, y the prompt use of . r, $i11's aby Syrup. NO TICIE [9HE mubseriber has stiti a large stoo1g L of gooda on hand, consisting of OQlothing,- -- B3oots, Hats, cap", Truulks rid everything that aaes up a oomplete took' of goods, all of whiolh we will sell at nd below cost for cash- intil th'd'5thi f this month4 After that time the.or Ire ook will be ol0od out at auotion. doo 12 8, . WOtpg.L HAMS I -HAMS! A ohol*e lot of sugar oured unoan. yLessed Hams, Freai Bigard anldCoffees. reOMI Augusta Meal an~d Git. Northern4 pples and Orani go. ALSO, One barrel superior Stone. Mountain lorn Whiskey, ,olyqap 9; 044 * the tore of dooS W. L DOt4tY 00OTS AND SRtOES. tW UJ e nae d add.& likamt bAZ a ipe,y Igug