Orangeburg times. (Orangeburg, S.C.) 1872-1875, January 16, 1873, Image 1
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"Ok we move indibsoludly firm
j14 ctnifotn bi?w;?ir'.< otll 'to ??hco aicIT
??<:?;:->ti ti".!i!' "l 1.; - i. uA\ l>r
f](?ic'tr-i*l ! :iiir."5 liTJf 5i?t irrj'tti r*.?-^o ?
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'MIJ'?BI^AY^'^?^AI?Y 10, 1873.
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Th8 Lons To-Horrow.
Old age that strains the well of life,
AnJeheoks the. shuttle's eager paces,
BruigHircsj fron? a|I the world's vain strffe,'
And leaves an old man to old faces.
And mill'fnj-hchrt beats warmly yet,
A '.hough j ran I children play before me,
Anil l ean easily forget
That ejglity summers havo passed o'er mo.
SwceVm^aii^eii, ATith djwne:iot eyrH, j
To whom my grandson gaily chatters,
And tnai urea np the low rep-fen
You make on many'1 foolish mhttor^,
I ???der wj^ep a dpper iiajne? ^ |
IW \rTfisplrs'through the shining fressen,
If you'll believe I've done the same
" And thrilled a heart with mv eares/es?
Aftd when my youngest joined his ship
fioleafful'at the sad, home faces,
Bhi UiiR at h"iR mother'ri quivering lip
Thfe woile he. sighed-for f?tr off'places,
Iwonfter' ifhe ?^er thought : ":
' 1 I dd my ureamu of death and glory ;
15nt silvered hairs have sternly taught
The worth ofthat Heroic storv.
And whetfthe merry jest goeV round, * i
AVith ??pVtrkling wine in ample measure, ?"
And woman's silter voice has erowned
Thftimrth witkrWecter ?learef plvaanre, '
Ah ! little-1 do the youngsters know
llrm wrinkles check the tongue's beguiling
Atltf-thttVWjr Tolcirlinrt* onoe theHoir?*?
To charm tb?^ma|dcn intc^t<inili|pg.
Ami often in'th^mnty IhVong,
; "When ?ftle fcot rtre lightly dnnclitg,
And, a? each rn^lden whirls along,
The bonny tefea give Rwccter glancing
I sit npart and1 illy Oream^ n*>
That my fair youth has not departed,
AndjOlder^hojcs and jjincics seem
' To leM We fat more hWdcr hearted.? k
. ft j r/ >* ( v;?oTr/.
^Iy life'a gay spring had many joys
The summer ftrAught me love's finU roses;
Tiieautnnnn g^ve i^s.- my brate buy?,
I wait until thcVfnWr Woitk?
Kaclkseason has in order brought - t . j . t .
The mingled flowers of joy and aorrow, a?
And many an earnest lesvon taught,
And to 1 wait the Long Tomorrow.
IP th?1 coMMiTTEar^oir
- one H?^rI? ?(lS>rb
1 j SENTIN6 TIHBi PI?10PL?E . J
in < .a^orVJIW .tvi.'tV? ;3it.'e*rtf
I .tiiiixU .A ,"t?7i."vfl jo*
the
|T^.<>e^nW.4^u.w^nft J-9S?*P?-rj
colvad .Uttii ?lisiBxtiou. that .the. pettpta
If her* iristoft-Sthte* aH .Mtniwit?iiwaUP
Unectators of the^vents now ?ranspllrffly
able no paralel^qan.bo, /o^nd^ the his
toU of tfe^Wotl^^
eyents were/; entirely brought ;#J?mke?y
t' ieWgeacyof off cem?;^e|vil -|hn"HiAnlitnty,?
of the geh'eCtil gdverriWtiuV \ T^^i^uY
of Louisiana, not doubting ? that the ao
^oA* oflhe Executrvo^at^ieasV^d refer-''
encc to thciiif^'aB^t^^u^^mieappre
hensian^of the. facts, jdet^rmincd tp ?dopj
cin-or^at^^
preponderance of the moral worthy ior
to^ligcncc and wealthy of tho city. "
1 ' A^OTJUttiitteCjof one, [hqndffiL,^nflet,
men yras appointed, with^instr,Reiiopa Xt>^
proceed immediately to Washington, to;
laft the facts bcfore-ttlie ?severnl depart
ments* efthe ^vt>rT^eTVt?4?ia^^?ri?T
(heir.aid in repairing 'fh'd JgroS&'WNsiig.?:
^'piafeiih^d beeil-.doqe,>t?ud,.? in restoring
to this people, the right of self-govern-!;
mcnt, which had.hcti$LWri&Ud from them
The undersigned form a part of tltat
committee. On our arrival here, we found
so much inisapprchert7roft*0vcn among
those who ore usuarfy^\Ycllin.'formed,;!n.
regard to the origin of tltii "disturbance,
AwP^-o^ieleVmiii^l W^iubthdi a briet
n^tfvc^Sf Jl^^aW* TiV'$?r*lies* on
?gagsrHh tM 'pror'ccdiifgs are'?^a're^Msf
if the facts were i)ropcrl5*0^O^r.?t?'Jdthr;y'J
would admit of nrr'tl^felTSCTlibw seek to
bdlrttle and" conccirl 1he;?qiiesrion at?fs^tVe,1
and lb <i*etrt? ti com^ireeV tw overthrew
die government of the State' as e>^m:ie
druggie for.pojitjcaLa^Q^dpncy^eiw ^b
Governor Warmouth and Wr.j Ivolhigv
They allege that the.X.iriaoi--was endeav
oring, by some tiickcry jor deg?rdanmin/
to cheat the latter out of Iiis election, and
that the object of their proceedings was
simply to frustrate this attempt. Thcv,
have sedulously' sought to produee ilie
impression upon the public mind that
this committee w?d composed of mere
allies and agents oT<3o\Wnor Wannonthd
Wo ropel this insinuation ns utterly false
und unwarrantable, A We asp- i\ot the- rep-;
rescutatives pLauy persona) ^orpart^u
terrst whatever. , ,
Governor Warmouth wus npt a Can?!;
date for any otliee whatever hit'the recent
election; nor have we directly or" indi
rectly any'connection or affiliation*with/
him. So far as his past, career U oon"r
corned there are lev/, if any membors of
this committee \t1h> have no', bec-Yt among
his most - pronounced oppoueiits, , whije.
in those, measures.of^his administration
for which lie nasrboen nibst'loudly de
nounced; he *WFf& liWttvmNI*
ciates und co adjutors the very^mon "wlitf
now assail him, ? including scspe'c^ally.
Pinehback, A.utoinc, and numerous
others, whose names figure,niost conspic
uously in these proceed nf|rjs.
In reply to the other ^sytuajjpns i^ty
catcd above, we deplaro that we arc no
parties, and'haA'C^i?'Tiribwca^ bf niiy
political trickery intended ](o defeat the
trito Voice of 'flic pooplc; that, do not be
lieve any such existed, und that wo w<mld
not be jipro? MV.^'s?; wo (cou}t^ ypelaiuj.
conscientiously our , conviction. that; fji-y
mm who have been foiled into the office*
of the Stalbliave been ititintt?fWrtyW
larly and unlawfully libfealled',;biVf. HvcJe
not, and arc nbtr tho: choipe of lliciina*'
jority of the voting populdtioo;of Loubi?
^Js."*, latuiluorraa j:a -'Irn'rttti smwUbt,
We have not a^ked the government to
admit tili? bit our' simple assertion./-AH
w'chave hpked is, that it aionld make ft
candid and i in partial in vest igut ion of t he
1 acts'. With this preface wn now si b ui!.
the following statement:
First?That at a general election, held
Irl ^^iV? 8?V;.0W>r.
General Asseinbtyvaxd ptjier ?t?te. oud
Federal.officers^ At^^jiiaj^ejeQti^a.. W.UV f
liim Pif t rve^ogg, a ^m^r^eg^Bl?',
ndidatesTor the office bFGovernoc and
r^nnd.. wcro-opposed
tibn were made to a board appointedlor
i ?-u?-jX us?. ? n-jSr. jr""^ r?l?
fotaj-jY. of State^' apu lw^t?therf p.orsoua
nani^ in'^hc layvj'ta/m
?l -m^^^^nW m^mM
(rhf'thd remevaL several months before, of
l^ifeorge L. Bovee, the legality of whicy.
derson and ^icjibncK .were disqualified
, ? Ena t-dHTj^f jt b >d> cxa ?? rjrt.
by reason oF tbepr^ pcu?g candidates for
office, Wnrnioth then removed Herron,
whom he had appointed, and commission
cd Wharton in his stead. We have no
reason to believe that tljc action*of Gov
ernor, WnTn|r4l(^n''the'V<|iuoyal yf jHcr-.
rdn, \VrtB based^upoii a desire to ?commit'
fraad?..fdr. liliiier the return-*. k!io>o i*K>
no necessity for fraud:-. It was prompt
ed by his discovery of a plot between
IIoiTon and Lynch to falsify the returns
and defeat the will of the people. This
is manifest from facts developed in the
evidence bet?re the court, that Herroft,..
a itiei, at'.ug the tliyvarting of his scheme,
had several days upforcl ordered 4n du
plicate of the f-cal ef the State, to be cn
K raved, hy winch,means he honed to pre
serve the insignia of office in the event of
i j -o jj s? mfr>i? a,^sv" >?iT? ul twu*\:n;
nut retpo,vnl by the iipveruor, Ountting.
t>mrtlicr 'delnil's, Warmotfi' and Whart?n?
on the one hand, assuming to be a major
ity of the,Board, and. in the' p res i-nee of
Lynch, proceeded to elect Itatch and f)u
ponte to fill the vacancies caused by* the
i.withdrawal of PincbbaeU and Anderson;
while Lynch and Herron afterwards tus
seinhled,,uiid under, the same sassuinption
elected Lougatreet and Hajvkins. , Thus
there came to be two bodice, each claim
I in'gjo^jthe, returning- Board, one pre
sided over by Governor AVnrnioth, tbc
highest executive officer of the State, aud
ender the law the presiding officer of
the, Hoard, \\iiich had possession of the
^lt'Qtio^ rcturu^, and everything ueces?
sury to ascertain .the ?result; while the
othe^r, consisted of Lj uch. the removed
I'fteejetary of .State, Herron and their ap
pointocs.^ J$V^$\1f$A proceedings, the
.State Siipiemo C'ourt elected that the re
' moviU of Boviftfyu\ jlie.^rigiual nppoint
.mjei^t of ^prr^n..were, iy^gaJ,(and,.IJuv^c.
m ? -MP . *'V A***! * ri^ ? Vur\ t
'decide between ; their conilic'ing claims
^^r'C.M, 1? ii hv,i,l tol, ii:.. ..... .
ible j
Kel
idrclared' elected, (hey respectively hied
b 1,1?. yi ?ip^irci^i^^oiiKt ufi tl^e. United
I States for the District of Louisiana for
ii'.jiuu tiou and relief. Tne Governor of
the State, the mem he.s of the canvassing,
board, and otht r citizens of the Slate.
jpmnectcd with the promulgation oi'the
rtturns, and certain persons elected or
c nimUig '.o be cloctod to the .Legislature
and the Governorship, -were made de
fondants hi-one or other of these suits.
Tlm .ciiuse..of ieornipl?int WMHhat they
severally apprehended that they wouldrbo
i ?l|t!iji"ivcu Oi tow ouioo ioi wntviA niyy,
jmTeen 4cada?dl^ Tiidy. claimctY'U,
'tson, and there had becl^'lAi* thousanrt!'
voters prevented from voting, because of
^oiv^.^I^hej, cja^mcd,.iV^i.^W9;
jor\tr of, ,y.otes fa the ejectipn^and there
had b.acn ten thousand voters prevented
fromvpting. because of their complexion
billot Kellogg * professed to be for the
might have to bring to recover the of
hce. Antonie s suit Mas similar in claims
erarAa^embly at its meeting f uqtjfec Jhe
tlio Proclamation of the Governor pn
thpS/b of December, X8<2.' ?
. iF^ujrth?Tfj^ parties to . these ,??its
^er^ajj.pjtl^ens of .the- State of. Lou hi.
ana,;. T^o. obje^^.p^.jthe. suite \\erp to
1 offcej^&fj^thje,. State in.
advance of any decision , or announce
^iee^fl^j^uci ^tp geJ^mTne, thc^ persona. to
.map. tljc.decjidpn, a^d tlje .anuounce
^e^t. hyj, t|e, judiciaj authority of the
.cir?iJ^.jOf tjjje, United States. Peud
ing^ho. suits...... and ex parte ; and
private order was made in the suit of
Ccllpgg to the effect that the defendant,
J.&iWarm?th, the Governor, had, In
violation of the restraining order of the
court, issued a proclamation and return
of pertain persons claiming to bo the
Board of Returning Officers.. The terms
of said order w ere as follows : ?v.* >
"Now, .therefore, to prevent the further
obs! ruejipn' of , the proc o aljngg^iavihjL
53flfuse7ana 'mriner,- to provenf the viola,
tion of the order of Ulis, court, and the
imminent .danger, of disturbing the pub
lic peace, it is hereby ordeicd that the
Marshal of the United States for the
District of Louisinua, shall, forthwith,
take possess ion. of the building known as
the ^^],l4H??j > lnatit^rjtjic^ and occupied
as a StatCj.pouSjC jpr. .th^ aisscn^J^g of
the Legislature therein, |u. the^ ^ityj of
New OrleAnsj'nnd hold the sain? subject
to the further order of this Court, and
? r.'jJ?Jrjalo.i oil? ?tir ??; Tjjnr .?.
nicanwlple .to nr^vent^ all uuhyvful .us
qenjblagos tbpreib,,- under the guise or
pretext of authority, claim of virtue .of
pretended canvass, and returns made by
said returning officers, in contempt and
violation of said restraining order, but
tbtt Marshal id directed to allow the in
gress and egress to aud from .the public
offices in said building, of persons enti
tled to the same."
i i'.'! ?
Fiith?The interlocutory and exi'A11t?
order in the suit of Antoine, the candi
date for Lieuteuant-Govcrnor, seems to
bayc been made as the., complement to
the order above quoted in the suit of
Kellog, which directed the occupation of
the Stato capital by the Marshal, with
directions to prohibit what is termed in
tlto order "an unlawful assemblage,"
while the same Murshal is directed to
allow the ingress of persons he might
determine to be entitled to such a priv
ilege This order, in the cese of Antoine,
i.s, comprehensive and explicit. No one
rat) mistake its import or its object. It
isj first, that the Goverupr of the State
be enjoined and restrained from CJ?U
iniitg election returns or counting votes,
except in presence of officers designated
in these orders, and from controlling, in
terfering with, or attempting to interfere
with, the organization pf the Stato Leg-!
islature, and from doing any act, or from
giving any ordor, direction, or making
any request which may, directly or in
directly, prevent or hinder any portion
from being present and taking part in
the organization of the Senate, called ou
the 9th of December, or at any future
day, who may be returned as a member
Ihercpf' by a board, composed of II. C.
Warmoutb, George jE. Uoyee, Jarnos
Longstrcet, Jacob llawkins, and John
<Ijytieh,( aiujl whose uanibs has been trans
mitted to Charles Merrill Secretary of
the Senate, by CJcorgo JE, Bovec, Secre
tary of State. Second, that twenty immcd
persons, who bad been candidates of the
office of senator in the State senate nud
who were supposed to have been elected,
abd had bccn dcel&red to be so, were on
joined and restrained from participating
in any manner'in the organizing of the
Senate, or doing any act. about thcr oV-f
ganizatioo, unices: the names should ap
pear on Bovce'^ list of members of. the
Senate, as transmitted to the Secretary.,
of Senate, Charles Merrill; 'lhird, about
one hundred persons whose names arc
Si veil >Vh6 were sapposed to ha elected1^
, le Ho hoc of Representatives of the Gen
eral Assembly* bad; been declared to bo
were similarly enjoined from participat
ing in the organization ot the House of
Representatives, or from doing . any act
or casting any vote. Unless' thefr names
weteon*BoVee's list of members; fourth;
the olerkB of the Senate and of the House
LjoT Representatives | were severally 6h
joinc^l from placing on any. list, or an
nouncing tho name of any member, or |
from recognizing as a member, or. Idesig
' natirig as a mcmbcr, prior to Ob during
j lie organization of the respective "Houses/
any person whose name-1 was not placed
upog, Bovee's list; fifth, tho secretary bf
the Hoard was enjoined ,frqiu receiving
Returns of election of State officers, or of
mohribers of (he General Assembly, ex
cept such as were filed in his office by
tho heard composed of Warmouth, Long*
street, Hawkins, Lynch aud Boveo;
sixth, the chief of the Metropolitan Po
lice, and all of iti members, numbering
about eight hundred, and the board, were
enjoined from interfering with the organ
isation of the General Assembly, and
not to prevent those on Bovee's list from
entering into the hall of tho Assembly;
seventh, the persons composing tne board
recognized by tho Governor,'?were e 1
j$Ji)ed from acting tin a canvassing bonrd
H^hrrieclaring and publuliiiiglu^y^nlcu-f
lation, statement, or proclamation of the
results, or granting pert^ficates of^ejec;,
tion or statements, teudiug to jdipwanjrr
right to office growirjg.outof baHp.V9}cast,
at said election, *?he Marshal, .assisted,
by a detachment from the, nriny. of toe.
United. States, under this order, took,
possession of tbe State capital, at)d held
if on .December, l)tl>, when the General
"Assembly were to oouie together] under
the proclamation of the Governor,*/The
egress and ingress of persons'were regu1
luted according to this order, A person
named Puichbach took possession of the
chair of Lne Senate and directed its or
ganization, lie had bc^n a Senator of
a term that had oxpired. Whilo .a sena
tor |ie had be:n President, of the Senate,
and by virtue of such Presidency, under
the law, ho had acted as Lieu tenant
Governor chosen in 1808; but at the time
of these occurrences he was not merely
functus pfficio as President of the senate,
but was not a senator, and had no title
i or color of title to, act as Lieutenant Gov
ernor, or to take any part in the organi
zation of the senate. The House of Rep
resentatives was also organized?the post
master of New Orleans being its. speaker.
The certificates of Bovce, under the in
junction, were taken as conclusive of
membership. These bodies passed reso
lutions for the impeeehmcnt of the Gov*
ernor. aud thud Pi?chbacdv felt at iibeny
to assumo . the titlo of Governor.
Two District Judgesnips were estab
lished, and a new court, called the Su
perior Court, was established, with ex
traordin?r)- powers, aud among others
exclusive jurisdiction to determine title
(o office; and Mr. Hawkins, one of the
members of tho Boveo boar^I,. whp bad
made the eleotion. returns, was made
judge.. Steps having been taken by the
Governor, in his local capacity, to se
cure a revision by the. Supreme Court of
ihe United Stales of the chancery orders
of tho United States Circuit Court these
loaders forthwith adpptcd.a resolution to
dismiss these proceedings. . ,
The militia was placed under the com
mand of General James Longstreet an
other of Bovee's board," and the arsenals
wer,o taken possession Of by tho aid of
the United States army..
This statement showi tl at a civil re
volution has been carried on and accom
plished mi k lunar mouth under the orclci"
of a Chancery Court, in suits over which
the Courts had no jurisdiction at all,
whether of parties or subject mutters.
Tho Circuit Court of the United Stated
is a court of limited jurisdiction, and
-^.r. tv. n? f - 1-1 ? mi tl'WII Ii l| H OTI^ -jy
without authority to entertain cml'euitKfr
between citizens of the Stuten, ?ftlesS the
s4WsV arHes*dlrecliy 'ffffder" 'itto^~l^ni^^'."
tution and laws, of the United1 StaUJ?*1 ?
and the jurisdiction is vested by act* o?
Congress. Congress^ .-has no power, jfo
confer jurisdiction in any other case he-..
tweeu such citizens. I It Baa no anthnrH. ??
ty of the State ngatpst the 6ttr%^ <fadt*t
^Ke^acfetT^-CTess' 'qf iai?^jmS^ntWll^
lar conditionof* lac00 'A''citizen of it
, State raoy ^maintain n: ttalt for" 'ttt?f?!?
cVa^tej^ithia^ dbu'r^of Hh?lJftift?d''^
States; but the State Legislature>"*ir*?1
Specially eXc?pYedVi^nVth?J operation<<#
this aet, in the pamc clause that it "ex
cepts the office of members' of tfongTW1 ^
and Prcaideniifal'^eetort." The ex parte,
prolimihnry^erd?r in 'tho^ctoeXtf'''Aft?
foino is as explicit a determination*bf-0'
ino titldi?f t ho mom bers of"the Lcgiida
ture, and furnnhes as complete a Writ'
of! pW*?ion' as c1rafe11^''fev^i1i'A'?1
the organization of the Legislature is -by"!'
chancery order-, had5 there* teen"fi&fti-"
aico *o the execution of these 'ortieri, ^
and riot and bloodshed had folldued
upon whom would have fallen tho res
ponsibility t Whose forbearance was U
that a bloody catastrophe has not beenf'
exhlbted as' scandhl to ; the'rIandY'':l-fcl
sometimes happens that the ? executive \l
department is tolerated, executed or justi
fied in aots of -administration which cx
6 {cd their Icgabpower. : The arguments
derived from ike t^rins ^S;teTD;necesk(tyi,'*-^
"public welfare" or "ednveniehe'e^ Bate*
here a soothing' influence; but judiciary'
action 1? not entitled! td'^anV Jbenc^r
frpm such arguments. -"'Hid ?damage'*
^?lciT cilSUM .^M^^ employim^
judiciary power to accomplish other than
judicial acts of administration, cannot bp'
calculated. ajtKMt k ttalWfs?Wft}9 jjwj^fj?,d
a court on determining that tff.fo" legal
wliich is merely desirnblr, or that .tmbe)
Tight which is only profitable? 11 ??hodH
* The order in the Kellogg ease was
?X rartc^-it'Wa* placed, in the hr.iid'j of
the Marshal without notice to the par
ties?it proceeds for an alleged contempt
by no legal procedure usual in matters'
of the rort, and we are not aware of any
imminence of danger to the public .^COa-v
even if there had been such danger which
justifies the isnmc or the State t?pitahwr?
a Chancery case on a suit' between
Kellogg, and a canvassing board, a' suit
professedly-brought to ptrpotuato testi
mony. ' .. *
. The case of Antoinc displays with more
distinctness than that of Kellogg-, the
use that -has been made of judicial dr-"
dors to accomplish results of which tho
Judiciary had no cognizance. Antoind o<
was a < .-validate for Lieutenant Gover
nor, and entitled to his office in January
next had he been elected. With a dis .
puled t'i'tlv a month in advance, he filctt
this bill, And obtained the order we have
c ited, placing under interdict the Gover
nor, secretaryi of State, the member.)
elect of both .branches of the general .
assembly, nil the hoard and members of..
the police, the names of two canvassing
bonrds, and upon this ex parte order the
organization of tho general n^seniblyV^Uf f
a time when he had no share in any of>v>
it? sittings, was regulated and directed* i i<
Siucc the muiiiy in-.Now Qrjcau?-,
under which the commissioner, was
anointed, wq Have been met with the
suggestion that these orders and acts irk
facts accomplished, and that tftetrreto 1
cation or recision would not restore the
statue quo ; aud thp,i. cur complaints.. .
therefore nrc unreasonable. If the opin- .
ion .we have be correct, such a coud!tion
ought not to affect our action or c??dnct.
V/htri thtiklngof Great Britain' cstab- l>
li.-h.-d, arbitrarily a" Government in on*; >
of the ei lo tics, the remaining colonies
took tin; alarm, lest it might serve os a. .
instrument to establish such government
tMsl where.. Resides, men arc less patient
under wrongful orders and acts of a
judiciary tribunal; than even of violeue? '
from oth6r sources of authority as iftha
1 ju VidaL?pp"j5idagiW h? I l>ui . .dbpc.s^xi .
with, and tho army had set ui> the |
government with a Htrong and usuiping
[hand.
I The committee takes tho liberty t<s
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