Orangeburg times. (Orangeburg Court House [S.C.]) 1877-1881, May 25, 1878, Image 2
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"jSAiURDAY, MAY 25, 1878.
The Jury Trouble.
A locnl in the Tu i s of weak be
fore last on the above subjt cU pro
voked a reply from Mr. Jervcy, So
licitor of the First Circuit, to which
wo have the following to say in reply :
To meet an emergency occasioned by
the ruling of Judge Cooko at the
October term of last year, the Hon
Samuel Dibble introduced a bill
which became a law on 20th Decem
ber, 1877. The first section ol which
rends as follows :
Suction I. That the Board of Jury
Commissioners for the County of
Ornngeburg, shall prepare a new
jury list for the said County, as soon
as practicable, alter the passage of
this Act; and that grand and petit
jurors shall be drawn from the list so
prepared to serve at the next ensuing
HCSMnns of the Courts of General
Sessions and Common Pleas for said
County; and that the grand a id
petit jurors so drawn shall beheld
and taken to be lawful jurors tor the
courts aforesaid, in like manner as it
the said list bail been pre, tired during
the mouth of January last.
lu this section after the word
"Act," the first clause or member
provides grand and petit jurors for
the Courts of General Sessions and
Common Pleas for the January term;
nnd if the law had stopped here the
ruling of Judge Mackcy would have
been correct. The jurors drawn
would have been special jurors for a
special term; jaod, after the occasion
had passed for winch they were drawn,
such juries would cease to exist. The
section however goes on an 1 says in the
second clause : That the grand and
petit jurors so drawn shall be held
and taken to be lawful jurors for the
courts aforesaid (that is the Court of
General Sessions and the Court of
Common Pleas) in like manner as if
the said list had been prepared during
-the month of January last. Here
Mho- ojeucfite term, courts, is used in
contrast ^with the specific term, ses
sions. The jurors so drawn shall be
legal jurors not for r7?i scs ions afore ?
said but-for the courts aforesaid.
Had the Legislature intended the
jurors for tho January term or ses
sions only, there would have been no
necessity for the last clause of tho
Act, and the Act would have stopped
at the end of the first clause; but the
last clause shows unmistakably that
the intention of the Legislature vns
to save tho jurors drawn from the
list prepared under this special Act
until another grand jury was impou
nded in their stead drawn from a list
prepared in January 1878. .Such is
clearly the meaning of the section
and such the intuition of the Legisla
ture.
Chap. 139, Revised Statutes, Sec
tions 1 ami 2, contains the only law
for drawing a grand jury for the
Courts of Central Sessions, sind di
rects that the Clerk of the Court of
General Sessions in each county, not
less than fifteen days; before the term
ol the Court in each, shall issue writs
of venire facias for eighteen grnnd
jurors to be returned to that com/7,
(that is the Court of General Ses
sions) who shall be held to serve at
each term thereof (that is of the Court
of Gcnornl Sessions) throughout the
gear, until another grand jury is ini
panneled in theirstead. This makes
it impossible to draw a grand jury
from any pother list to serve at the
January term 1<S78, than that pre
pared by the Board of Jury Commis
sioners under the Special Act from
which the grand jury, discharged by
Judge Mackcy on motion of Solici
tor Jervcy, was drawn.
Again, Section i, of th? Special
Act in (pie.-lion, gives the grand jury
drawn under its provisions, all the
legal force of a grand jury drawn
i'lom a list prepared in [January 1<S77,
and sections 1 and 2 of chapter 139
of tho Revised Statutes, gives this
f;amt rrj ' jury legal force until
ii.t btttiu. i no ecu the logical sequence
is that if no legal grand jury is ever
drawn, the gran jury drawn under
the Special Act [in question never
ends; nor do we believe that the rul
ing of Judge Maekcy on the motion
of Solicitor Jervcy to discharge the
grand jury, vitiates their tenure of
office.
The criticism?* mndo by Solicitor
Jervcy in his 'card in tho Tax Payer
on a writer who chooses to prepare
an editorial or a local for a paper;
nor hit) statement of tho consequences
which would have resulted from giv
ing cases to an illegal grand jury; nor
his willingness "to accept the judg
ment of such lawyers, who hare no
interest, personal or professional, in the
issue;" nor his claim to be guided by
his own judgment in tho discharge of
his oiiicial duties, wc contend, do (not
meet or rebut tho statement of facts
made in the local of the Times which
eal'ed forth his card. The fads there
staled remain still the same; but the
consequences to the County of Or
angcburg if the course advocated by
the TlMKB, had obtained, would have
been a clear not a heavy docket, an
empty not a crowded jail, speedy not
postponed justice, and a regular not
an anomalous condition of affairs.
Electoral Fraud.
Character is the most exalted at
tribute that be longs to human nature,
and the worth of a man is estimated I
not by the innate principles of his
nature,? the passive emotions of the
heart and unexpre-sedconceptions of
the mind, however praise these may
be; but by what is known and jccn to J
exi.-t by those, with whom circum? \
stance: throw us in contact. Per*
sonal character may be ruined by a
combination of circumstances, even
though the victim bo innocent. The
same is true of families, communities
and even a political party is no ex
ception to the general rule. Where
ever dishonesty is apparent, charnc? |
tcr suffers; so apparent fraud brands a
community or criminates a party.
Hence it ha source of great gratifi
cation to the country, aud particu
larly the South, that our representa
tives in Congress bavo taken some
decisive action en the resolutions
ordering an investigation of the
frauds involved in the last Presiden
tial election. Their final passage was
resisted by the Republicans by every
tpecies of (filibustering tactics known
to Parliamentary tactics.
Every fair minded Democrat both
at the North and South desires tho
party to be placed correctly upon the
record in this matter, aud not that
the principles, which have governed
their actions for years, should rest
under tho stigma of fraud perpetra
ted by whomsoever it might be.
This action of tho House places
the Democrat1 c party squarely before
the world as opposed to the electoral
frauds, and at tho same time brands
the Republican party as being op
posed to bringing out the bottom
facts
It will bo infinitely better and more
sati.-faetory to honest men for the
frauds perpetrated in Louisiana aud
Florida to be fully exposed and the
onus to rest where itproporly belongs .
Let the end of this investigation be
what|itmay; the responsibility of this
shame upon Republicanism ami blot
upon our nation's history, will rest
upon the Republican party; because
their action upon Potter's resolutions
on their final passage, implicates the
parly both diroctly and indirectly i n
the dark doings of 187G. A knowl
edge of the crimes according to law
usage makes them the participants
in the crime The clamor against
the Democrats about forcing the re
solutions to a passage without allow
ing amendments ia only begging the
question, and such sophistry, so evi
dent, cannot fail to be seen by the
people w hen this matter is carried to
the ballot box. So far as public
opinion is concerned, it is against the
Republican party; because whenever
character, under well grounded sus
picions, is brought before the public
lor judgment, the verdict will be
"guilty." Resting, then, under the
proscription of such an anathema,
what decent man can endorse the
principles of the Republicau party
or enroll his name as a member.
The reputation for prophecy is not
jeoparded when wc make the predic
tion, that if the control of this gov
ernment, by any turn in the wheel of
fortune, is placed again in the hands
of the Republican party, it will be
the funcial knelloi civil liberty aud
.?????1!-government in America.
We ai'^,obliged (o the lion .1. K.
Chalmers, of Mississippi for Congres
sicnal favors,
Viticulators.
A committee of three gentlemen,
appointed by the Viticulator's Asso
ciation, visited our State a few weeks
ago for the purpose of examining
into the capacities of the laud, clim
ate, resources, &c., and to learn tho
disposition of our people towards
emigration schemes. Their report,
recently read before the Association,
shows that the result was most grati
fying. And tho gentlemen constitu
ting the Commission, were delighted
with all they saw and heard. Most
glowing accounts were given of the
entire sections through which they
paired, embracing Cberaw, Sumtcr,
Columbia, Ncwberry, Cokesbury,
Walhalla, Greenville and Spartan
burg. Knell of these localities pre
sented features favorable for the
cultivation, not only of the grape, but
of every variety of grains and fruits;
and the religious and educational
advantages found in this State, render
the success of such a colony as the
Society contemplate perfectly feasi.
ble. It is thought that the con.su ma
tion of the project is only a matter of
time.
We would have been glad had the
Committee found it, convenient to
visit Orangeburg and our coast coun
ties. All the requirements upon
which the success of the projected
enterprise is based, may be found in
the utmost profusion in our own
county. Lands are fertile and cheap,
ranging from one to live dollars per
acre, and not more than 5 per cent
under cul iivation; the cl im ate connot
bo excelled for, health and general
agricultural purposes, being mild all
the "year round, neither excessively
cold during winter nor hot during
summer?indeed, that of our sea
coast is almost perpetual spring; and1
the religious and educational advan
tages are equal to those of any com
munity in the Stak. Besides these,
new enterprises are needed here to
develope the unmeasured resources of
our county.'
Industrious settlers with capital
and skilled labor, may set on foot in
our midst enterprises which can
absorb the hundred and thousands of
idlers hanging around our towns and
cities. In Orangcburg county alone
there is a heritage of wealth awaiting
the brain and muscle of all her pre
sent nnd future population for ages!
to come, needing only new industries
to be opened up.
Let us then give a hearty welcome
to these viticultors, that this' new '
industry of grape culture, in which
white men can labor, may be success
fully introduced. The tea culture,
too, may be made to absorb hundreds
of our white idlers, and factories of
every description can serve tho same
end. IsTcw industries, willing bauds
and a little capital judicimsly ex
pended, may make our waste places
blossom like the rose and our univer
sal poor prosperous and competent
citizens.
[For the Orangtburg Times.]
The Primary System.
Mr. Fditor :
Allusion is sometimes made to a
Court House Ring. Whether such a
thing is a reality or a myth is not
the question under discussion.
Suffice it to say, if such a Ring is
only a remote possibility, tho adop
tion of the primary system of nomina
tions would be the surest safe-guard
against it.
By a Court House Ring I moan
no disparagement to the Domoerats
of the town of Orangeburg. The
Democrats there arc as pure and
patriotic as any in tho County.
But I refer to tho possible conti ng
ency of a secret combination between
prominent Republicans and Demo
crats, under tho shadow of the Court
House, to manipulate politics to
personal ends
Such a thing is not impossible, and
why bo squeamish about guarding
against it.
Wherever there is concentration
of power there is danger of rings and
monopolies.
What is the cause of the despotism
which has cursed the United Slates
lot the past fifteen years?
The centralization of power in the
Washington.
Opposition to this centralization is
the key note and grand mission of
the Democratic party.
Conventions centralize power.
Primaries restore it to the people
where it properly belongs.
> venli >ns, affording more sec
I recy, furnish the opportunity for log
rolling, wire pulling and intriguing.
Primaries, being open to tho people,
ring-masters are driven from tho
field, through tho fear of detection
and the difficulty of consummating
their nefarious designs.
These dangers, it may be said, so
far as Orangeburg is concerned, aro
imaginary. We trust it may bo so,
but still wc are impressed with tho
wisdom of the maxim : "Eternal
vigilance i3 the price of liberty.''
Power is constantly going from tbc
many to the few.
The opponents of the primary sys
tem seem to proceed upon tho prin
ciple that the people can't produce a
good ticket?that nothing good can
come out of Nazareth. On this point
I beg leave to differ. I have always
thought that the people in a general
way were more honest than their
leaders, and in this opinion I am
more confirmed since the recent ex
ploit of the great Electoral Com
mission in putting Mr. Hayes in the
white house.
The primary system will produce
the best ticket, because it will surely
produce the peoples choice.
I said in my first communication
that before the war men were nomi
nated for office on a system parallel
to the primary system and were
voted for upon their merits ahme.
To this "Hampton Democrat"
makes answer that "belore the war
the body politic was composed of but
one element in our State; now it is a
complete conglomeration."
Now I am unable to see the strength
of this objection to the primary sys
tem. It is not proposed in this sys
tem to conglomerate, nor to deal
with any other element than the
Democratic clement in our County.
It is only a means of ascertaining the
wish of the Democratic masses and
then having the true voice or the
party we go forward confidently in the
general election to meet tho common
enemy.
. The conventions which I referred to
in my last communication, as becom
ing fashionable after the war on the
advent of Radicalism, were Cou nty
conventions for nominating County
tickets, aud not State National or
Congressional conventions as "Hamp
ton Democrat" teems to imagine.
"Hampton Democrat'' says: "I
admit that the people should be the
vehicle for candidates to ride into
oflice, but sir, I contend what is every
1 body's wagon is nobody's wagon."
To this we say we want no exehmve
jjtfigon. It is contrary 10 tho truj
spirit of Democracy. This is a free
country, and the chances of cho-dug
. and being chosen to oflice shou Id be
open to everybody, which is the ob
ject of the primary.
I said in my last in answer to the
fear that there would be too many
elections, that it can bo so arranged
that one primary will suffice. Upon
this point "Hampton Democrat" says
a great deal, which I confess I can
not understand at all.
What 1 meant was that it might he
arranged, as it was in Lancaster,
either that the candidate receiving
the highest voto should bo the nomi
nee, or that the primary should be
used only as the means ot ascertain
ing the true wish of the people and
afterwards let the convention moot
and select from among the candidates
receiving the highest vote, aud thus
make up the ticket iu all cases
where a majority has uot boon receiv
ed by any one candidate.
"Hampton Democrat" says ; "Our
farming fellow-citizens cannot afford
to be running to and fro from now
until November next &c."
Nobody wants them to do this. No
more running about is required in the
primary than in the convention sys
tem, and in fact less.
In the convention system the far
mer has to go out and stay somotimes
to a protracted club meeting to elect
delegates to the convention, and
then sonic of them have to take, a
long ride and spend a w hole day in
Orangeburg to nominato tho ticket.
In the primary system he simply
goes to the polls, deposits his voto for
such candidates asjho wants, and goes
home and tho business is dono. If he
prefers to ho need not stop to talk to
a soul, but go back to his work.
"Hampton Democrat" again
speaks of some oath upon which he
becomes eloquent.
I repeat that each County arran ges
its own details of primaries, and that
whatever obligation rests upon a
Democratin the one system is equally
binding upon him in the other.
The primary requires no more t ban
the convention.
In some Counties tho plan is simp
ly to let evory registered Democrat
vote at primaries.
Besides, Mr. Editor, the advantage
that there can be no fusion in the jirim
arics, which is at lenst possi ble in
conventions, I would slate another
which I have not yet mentioned.
It will have a tendency to briu g
recruits to the party from among
tho colored people, which soems
to havo failed under the pre
sent system. For instance, in many
cases they will have a preference
from among the candidate1 before the
people, and will want to express it by
voting, The answer will be : register
as a Democrat, and you can vote.
Every one w ho voted will thus be
committed, und in this way wo may
get a large accession to our vote in
the general election against tbo com
mon enemy.
This Mr. Editor is the last I hope
that you will hear from your "erring
brother" on this subject. I now leave
it with the people renting satisfied
with their decision, having no person
al interest in the matter whatever.
In conclusion allow nie to express
my appreciation of the pleasant man
ner in which "Hampton Democrat"
has so far conducted the discussion
on his side.
Democrat,
[Fur the < Irangcliiirjj Times.]
At a mee ting of the Rowesville
Democratic Club, held on Saturday
18th inst., the following resolution
was otiered by Capt. M Robinson,
and uuuanimously adopted :
Resolved, That the preamble and
resoiut ions.of the mass meeting hold
in Charleston on IOlli inst., in rela
tion to the phosphate monopoly, be
and are hereby adopted by this Club,
and that the other Clubs of the
County be requested to give them
their consideration at their earliest
convenience, and that the Orange
burg papers be requested to publish
them.
Tbo following are the preambles
and resolutions adopted at the mass
meeting hold in Charleston:
Whereas, from the Colonial period
of this Commonwealth, until the late
Republican misrule, our navigable
waters have been free to all classes of
our citizens, and all have enjoyed a
right in common to appropriate tu
their individual uses whatsoever they
found unappropriated by fishing or
digging therein;
And whereas, during the Into Re
publican misrule, special privileges,
to mine and dig phosphate from the
navigable waters of this State, were
granted to certain corporations, ex
clusive of, and contrary to, tho com
mon rights of all men;
And whereas, we had well hoped
that with the restoration of good
government, these rights, in common,
would have been restored an4 no
more exclusive privilcdgcs would be
granted;
Aud whereas, we have been sadly
disappointed by the continuance and
confirmation of these exclusive privi
leges by the last Goneral Assembly.
Thorefore, bo it
Resolved, lat. That the right to dig
and mine phosphate rock in the navi
gable waters of this Stute is a pre
scriptive right, vested in common in
all the citizens of this State, which
cannot be taken away from them by
any act of the Legislature, and mil
not be granted as an exclusive privi
lege to any company or individual
monopoly.
2d. That as a Legislative action,
such an exclusive privilege, is con
trary to the genera' interest and con
sonant only with the advantage of a
special class who are thus authorized
to reap the benefit which belongs to
all men alike.
3d. That we have an abiding con
fidence in the sufficiency and anility
of tho Democratic party to correct
this error, and deprecate any dis
organization ofthat party for selfish
ends.
4th. That we recommend tho next
Legislature to repeal all exclusive
charters, as granted at the last and
previous Legislature, and to leave
claimants, if any there be, to litigate
their 1 retensions in the courts.
5th. That we recommend to tbo
Legislature n return to the rights
which all citizens should enjoy in
common, according to their ancient
prerogatives and the Constitution of
the State,
6th. That wo invite the General
Assembly, after the adoption of the
system of general rights, to affix as
much tax, impost, cr royulty, as is
reasonable, upon tbo phosphate rock
which may be miupd in the navigable
streams of tho State, regard beiug
bad to tHfe value ol the same in the
markets of the world, to tho end that
such amounts may be realized as will
relieve tbo people from the burthen
of taxation, and may bo just and
proper.
Buy Dr. Bull's Cough Syrup. It
cures. To be had at all druggists for
25 cents.
The Orangeburg Juries.
To the Editor of the Journal of Commere :
At tlirs October session of the Court
of General Sessions, for the Couuty of
Oraugeburg, Judge Cooke discharg
ed the juries, setting aside the jury
list' prepared in January, 1877, as
illegal. This n ecessitnted action on
the part of the Legislature to provide
for a jury list in place of the one thus
eet aside. Early in tbo last session,
therefore, I introduced a bill on the
subject, which became law December
20, 1877. The first section of this
A ct is as follows :
"Section I. That the Board o^
Jury Commissioners for the County
of Oraugeburg, shall prepare a now
jury list for the said Couuty, as so;>n
as practicable, after the passage of
this Act; and that grand and petit
jurors shall be drawn from the lists,)
prepared to serve at the next ensuing
sessions of the Courts of General ? ess
ions and Comiuuu l'lcas for said Coun
t}*; and that the granii and petit jurors
so drawn shall be held and taken to
be lawful jurors for the courts afore
said, in like manner as if the said list
bad been prepared during tbo mo nth
of January last.1'
This section, in its last clause,
(which refers to "the courts afore
said," in unmistakable contrast to the
preceding clause, which refers simply
to the January session* of those
courts,) gives to the jurors so drawu
all the rights, powers and duties of
jurors under the general jurj laws
of the State," in like manner as if the
said list bad been prepared during
the month ot January," 1877. Ill
accordance with its provisions, tbo
lint Was prepared, and grand and
petit jurors ^drawu ill December.
1*7 7.
Ii has been the uniform practice in
this c unty to draw the grand jurors
of a year from the jury list prepared
during January of the preceding
year. This arose from the fact, that
the ti.st session of I he Court of Gen*
eial Sessions in each year, com nonce a
on the first Monday in January, while
the law requires the jury list to b*
prepared during the tie nth of bum*
ary. Consequently, the cleric issues
the cmirc for gr.tud juror- before the
middle of December, "not b'ss than
fit' cen days before the com u^ticoiueilt
of the lir.-t term <d* the court in u-ieh
year; (.Gen. Star., p. 740); and tho
Board of Jury Commissioners drr.v
the ?_? rand jurors fni the next ensuing
year in the latter part of December*
In other counties of the St ite, it in ir
be otherwise; since Oraugeburg is tho
only county in tbo State whciu *
regular session of tho Court of Gen
eral Sessions is held in the mouth of
January. ,
At the May session of our Court,
Judge Mackey hold that both grand
and petit jurors should have bseu
drawn for that session, from th?s list
prepared in January, 1873. As a
consequence of this ruling, the grand
jury in attendance, drawn fr.mi the
list substituted'for the list of January,
1877, was discharged; and .in con
formity with this view of tho cvie, the
petit juries were declared to be irrrga
lar, because the statute provide*), that
when grand jurors are to bo drawn,
they shall bo drawn at the same time
as the petit jurors, the first eighteen
names drawn constituting the grand
jury, ami the next thirty-tix the
petit jury.
This is the matter about which so
much has been written, with full
garnishment of comment, criticism
and rhetoric.
Samuel Dum i.e.
Orangeburg, S. C, May 18,1878.
OBITUARY.
HOPE.?Died, at Charleston, S. C., on
the 20th instant. J. P. A., iufant son of
Oed. H. and Kliza W, Hope, aged eight nnd
a half months. The remains will be taken
to Blackville, S. C, for interment.
Dear little Johnnie, we mitt you
From this transient, earthly home;
But your heavenly father call? you
To a brighter, fairer one.
And my Darling, we must bear it,
Though the parting is Hevercj
For time is short at the longest,
Ere we all can come to yon.
Mrs. 8.
Orangehurg, S. C.
NOTICE.
Notice is hereby given that the time for
the collection of Taxes of thcToim of
Orangehurg is extended until the 15th day
of June without the penalty; aP.or which
time the penalty will positively be added.
liy order of the Mayor.
T. R. MA LOSE, Clerk.
may 25 2t
Notice or Administrator---?All
person-* having claims against the
Estate of William E. Brickie, deceased,
will present the same properly attested,
and all persons indebted to Baid Estate will
make payment, to the subscriber or to
Malcolm 1 Browning Esq., Attorney at Law.
W. L. WOLFE,
Qualified Administrator,
may 25 3t
IrlHU Potatoes, Onionsand Annies.
Sold Cheap by A. FISCHER.