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TE Til E -U KEws
By Gaillard & Desportes.] WINNSBORO, S. C., SATURDAY MORNING, MAY 12 1866. [VOL. I[I.-NO. 44.
11H TRI-WEEKLY NWS
Sotes on the Constitdtion of the United
BY D. B. M'CREL0IIT.
:SFTIoN 7. CIAUSM 3D. "Every
'Order, Resolution, or Vote to which
"the Concurrenco of the Senate
"iand House of Representatives may
"be necessary (except on a question of
"adjournment) shall be presented to the
"1resident of the United States and be.
"'fore the same shall take effect, shall be
W$approved by him, or being disapprov.
tied by him, shall be repassed by two.
"thirds of the Senate and House of
"Representativos, according to the rules
1and limitations presented in the case of
It will be noticed in Section 5, Clause
Ist, that a "majority 'of each (House)
shall constitute a quorum to do busi.
iiess." But this clause deals only with
8u1h business as requires the presence of
two-thirds of both Houses. It does not
mean that two-thirds of both Houses
is necessary to pass laws, but it does
mean, and the Constitution expressly re.
quires, that two-thirds of both Houses
sball be necessury to ovor-rule the veto
power of the President.
In this scale again may the Radicals
b,- weighed and found ranting. Two.
thirds of each House inepns two thi ds of
the full delegation, that is a delegation
fron every State. And yet the
Senate of the United States dares
to count its vote on the Civil Rights
Bill a Constitutional one, when 33 votes
overrule the President, when, if that
body were now organized according to
the Constitution, instead of 33 votes be
ing a two-third decision, it would re.
quire 48, W hither are we driving ?
- The 8th Section of the Constiution
begins, "The Congress saill have the
power." Before annotations on the seV
eral clauses in it, some notice will be
taken of the purport of the quotation
That the Constitution is something
more than a mero agent, a tool inl the
hands of each one of thirty-six sover
eign,t, and that it has Intent powers and
rights that sovereignty alone can claim,
is evident, from this very Oth E'ectioln.
"Congress shall hav'e power,"-that
is authority, that is right. But a right
has its correlative duty for every citi.
zen and State to respect and obey ; be.
bause the Constitution inl relation to
each State and each' citizen, is sover
eign or superior.
C,LAx 1ST. "To lay and collect
"taxes, duties, imposts and excises, to
"pay the debts and provide for the com
"mon defence and general welare of
"the United States ; but all duties, im
"posts and excises shall be uniform
"throughout the lynited States."
There is no mista*ing tho surrender
of sovereign right in this clause. It is
here where we find the force of thut first
object fot the ordaining of the Conslitu
tion, contained in the preamble, viz:
"a mora perfect Union." Theo very
thing hat rendered that other union
only a rops of sand, was for the want of
tlie very power herein grunted, and'
wivMyhe States were so loath to: grant
then. ' willIbe observed that it
was n'otdo ithout a compro.
mise. Atid.t mise between
United ane Stan ttty is found
in the last sentence i e,int
posts and' excIses shall ~~: rm
throughtout the' United States -~"
es" are not embraced in that eoi
mnise, because in.a.preceding clauseit ie
ordained that Frepresentatives and di
reet taxes shall be apportioned an A:g
the senetal 'States 4 accord
iog to their yiev- numbers." As 4
the ntumbers are not unifojrmi. so neither -
attr assembly however wise, sagacious I
k1id purely patriotic may be its mem
>Prs, could frame a perfect government.
I the case of the Constitution beforo us
t is a matter for profound gratitude that
,we had such men in the infancy of our
Jovernment to give it shape and sta.
Biut there is one passage in the clause
inder consideration that seems not to
>ear the impress of that deliberate care
mid caution so characteristic of the
athers of the Constitution. Among
he powess therein granted is one on the
>art of Congress to "provide for the
* * * goneral welfare of the
Jnited States." It is true this indefin.
te provision is hedged in by so many
:learly defined powers throughout the
onstitution, that no patriot could mis.
-onstrue it. But it is not always true
hat patdots prevail in the Halls of
CLAurv 2ND. "To borrow money on
'the credit of the United States."
NotLing gives weight and influence
.ore to a people than a well established
:onfidence in their ability and un
,hangeable purpose to meet all their pe.
miniary liabilities. In the old Union
,he States reserved the right to furnish
Ih money, althongh they granted te
"ongress the power to raise fundi on
,heir credit. And It was this element
>f wteakness in that Union that called
[orth from Congress so many pressing
ipppeals to the States for funds, and
which led a Committee composed of
Hamilton, Madison and Fitzsimmons, in
ne of their reports t,o Congress to use
Ahe following significant phrase :
"It is certainly* pernicious to have
"any government in a situation of re
"sponsibility disproportioned to its pow.
In the present Constitution the pow.
Dr is made equal to the responsibility,
ind here anoth'er rivet is clinched ir
that bond which forms "a more perfec
Cr,ATs 3D. "To regulate Commerce
"with foreign nations. and among the
"several States, and with the Iniiai
The equality of the States, and there
ore equal justice by the Constitution, is
mplied in this clause. It will be ob
erved that "regulato with" is diffierent
'rom "regulate among." Congress has
ower to discriminato in the regulation
)fcommerce with foreign nations and
Andians tribes, but not among the sev.
Hore is a right or power reserved,
td another stirrendered.
CL,Auas 4TI. "To establish a nni.
'form rule of naturalization, and uni.
'form laws on the subject of Bankrupt.
'cies throughout the Uni'.ed States.
The powers herein granted are neces.
ary from the nature of the Cobstitu
ion, as appears from other parts of it in
hich the control of citizenship and
oining and making money legal tender
s taken from the Staies, or rathe
;iven by the States.
CL,AUSA 6TH. "To cohl money,- regu.
'into the value thereof, and of foreign
'coin, and fix the standard of' weights
md> measure s.
The "more perfect tY'nion,r is thus
trenigthened by obviating all those
Iifficulties and i'rregularities'and annoy.
meces that woul'd arise; if each State
houbil coin it.s own money, and perhaps
atch fie a diffbrent valre upon its own
~o1n, valfue foreign cohir difl rently,'and
>erhni* establish diverse statidthis of
weights and measures. It couli heldty
>o possiie for thirteen States teged
nt separate action upon the tr at tter'
Ihent of counterlbiting 'j e s
"0 ant&ourrent coin 4%. the* eaid
The er here grayhted follows a
onse4 bosgt. n the $y.ooe a
lause. shaldng the powEir Qto
rument eq .. I. ##3pppeb1I.7*
as iss tr 1
Interview of drs, liVis ilth her flns
Our Old Point correspondent of May
4, says :
It is now understood that Mrs. Davis,
with her little child, had an interview
with her husband, at half-past 8 o'clock,
vesterday morning. "'he interview last
ed nearly two hours, and must surely
have been extremely gratifying to bdth.
In the conrse of a t.welvemonth, mainy
very noticeable chinges occur. It was
on the evening of the 20th of April,
1865, that the steamer William P.
Clyde, from which a ,few hours before
JefTerson Davis hqd been buaded, Rlowly
set sail, and w hile the&steam and smoke
issued from her - engine and boilers she
moved slowly out of the harbor. The
sole passenaers on tho Clide were Mrs.
Davis and Clay, and her destination was
Savannah,the Southern port troni which
For nearly a year - Mrs. Davis has
been refused the: privilege of visitiig
her husband. The resiilt of the many
entreaties on her part, and those of her
friends, has at. last revailed on the
clemency of President Johnson, and the
desired boon has been -finally granted.
Your correspondent snmed yester
day morning, at an ear hour, so much
as to call on Mrs. Davis, as sie was
awaiting in the sitting. room of the Iy
geia Hotel the presence of an officer
from the fortress. Senlini in my card
by the colored waiter in-, attendance, the
desired ohjet was at enee acceded to.
The sitting room of the hotel has
never, by any means, bten noted for its
comfort or the exten iveness of its
adornments. Entering ihe room and
passing through the roquisite etiquette
occupied but a few seconds, and the
agreeable conversation ith Mrs. Davis
which ensued was far ore than a re
componse for the courdqe which it re
quired to solicit such am iterview. The
manner and converoat10o Mrs Davis
was that. of one perfectly at home on all
subjects, and extremely lady-like in all
her remarks on the vmpog.qWpigsofthe.
day which perchatnce '*ere brought up.
She had been allowed :the . privilege of
correspondev.e with-hqr husband, but of
the exact state'of his. bealth. she 9dared
not hope. The favorable opinions form.
ed from the occasional correspondents of
Northern papers were often dissipated
by assertions perfectly contradictory,
and in thie long time which has elapsed
since she has seen her husband it has
often been a mere matter of doubt, ow.
ing to the reticence of Mr. D'avis in
speaking of the sibject of his general
health. Of the terms of her visit she
was not aware, but hoped it would be
her privilege to remain xt this place
until her husband's fate was decided.
Afler conversing for tho space often
minutes, your correspondent retiref,
much impressed with the interview.
Mrs. Davis wan accompanied by a'
large quantity of br'ggage. All of this
was mov6d inside the fort last night.
Wiru fnsirunt ioifOW7ing a rti Chargen;
tile with tamp Dutica.
The' followingletter contain an im
portan-t revenue decision
Sin: The first internal revenue act
took effect, so far as related' to stamp
duties, October 1. 1862. Instruments
executed and delivered prior to that date,
though they may be recorded afterwards,
are.nbt chargeable with 'tamp duties.
If any instrumei tsubject to stamp du.
ty was issued after October 1, 1262, and
prior to August 1, 1864, nnstamped, or
insufflciently stamrnpod, the appropriate
st'amp may be afRxced in the presence of
the court, register. or recorder, as pro.
vidatd' by section 165 of the' act of June
An instrument issued' since August 1,
1864, nnstamped. or insuficiently stamp
edl, may be stan1ped by the Collector'
upon paiyment for the proper sta mp,'and
of a pentdty of fifty dollars; and where
the amopaft of the stamp duty exceedh
fA'ty dollars. on paymeht, also, of inter
est on sai1doisty at the rate of slx'pbr
Sent. from' the day on which thb statnp'
should have'-been affr~ed'
~Im the instrinens ie presented'io'the'
('ollector wit'hin twel e dhlefclar modiths
~ftba'lts Issue,'the ColIectowis M,ithdtised
to'remit the penalty, providmd It shalt
sothemp It' wa -y reeao ci
detaltke, inadvertence, or n rgent.
roeesty, and without willfunl design tQ
e delay t,he y- p
within twelve nalondar months the pen.
alty nnd interest must be paid to the
collector before he can reider it valid by
affixing the appropriate stamp, without
regard to the. caUse of the omission to
stamp it at thi tit'ne of its issue. The
commissioner has no power to remit this
Deputy collectors, unless acting as
collectors under section 39, have no au
thority to affix stamips or remit penalties
under section 158.
The stamp to be affixed to any instru
ment is that required by the law exist
ing at the time when the instrument
was made, signed and issued.
Thm whole amount of penalties paid
to collectors for validating unstamped in
struments should be returned on form
58, with other unassessed penalties, and
the money deposited to the credit of the
Treasury of the Uaited States with oth.
A. E. Rom.iNs,
THi Foun NFw Bimtnrs.--The
General Conference of the M. K. Church
South has elected four of its ablest minis
ters to sit with their Soule an A ndrew,
their Early, Paine, Knvanagh and
Pierce, on their bench of Bishops. Find.
ing that those iklready ordained to this
duty were insufficient for the many and
arduous and widespread labors they
had taken upon them, and seeing before
them more extensive fields of labor yet
untouched by the sickle of this church,
they resolved to add to their number
four more, and they have selected the
Rev. Dr. Wm. i. Wightman, Rev.
Dr. D. S. Doggett, Rev. Dr. 1-. N.
McTviere. Rev. E. M. Mirvin for this
august and responsible office.
Rev. Win. M. Wightmir, D. D,
L. L. D., is a South Carolinian, and
formerly edited the Charleston Christian
Advocate. He i-i also, well known as
the biographer of Bishop Capers. lIe
is a man of extensive and profound
learning, and is now President of the
University of Alabama, at Creensboro,
in that State.
1ev. D. S. Doggett, D. D., wats c4i
tor, for many years, of the eAtehodist
Quarterly Rein'ew, and now presides
over the .9,piscoptl .Hcthodist, at Va.,
of wich State tre is a sonl, and is highly
esteemed for his scholarship and abili'.y
as it writer and pupit, orator.
Rev. H. N. NfcTyiere, D. D., is well
know7 here,, when, a's editor of the
Christian Adv*ocate and as the eloquent
occnpant of several of our pulpits, ho so
Fong attracted crowded audiences to the
Rev. E. M. Marvin is less known
among us. He comes from Missonri,
from which State he went with General
Price as his chhplain into the army, and
served on that pea--fiil and heavenly
duty throughout the late unhappy con
flict. The fact that his ministerial
brethren chose hini hishop on the first
ballot, shbWs their high estimate of his
character and abilies.-N. 0 Pica
F"NDINo OU'r -President Johnson snid
not long ago'that the colored people would
dhd out after a while who were their true
friends. They seem to be doing so already.
At. thV Afrlcan . Methodist Conferinee, in
Washingtoi, "Bishop Campbell" said that
from bloody Kansas to the Gulf they met,
opposition from the Northern Methodist
Episcotal Church, but that, the Southern
Methodist Church has assisted them.
"Rev. J. A. Shorter" said it was a fact'
that their ministers were aided in the South
by the Methodist Churchi. The Northern
Methodist Church did not aid theta, but
nilich of'teher they opposed them.
The Camden Joeurnai of Fridity last says.
"On Wednesday last our town was re-gar
rhdoned by a detachment of soldiers from
the 17th Reglsrgnt, of Maine Volunteers,
tuder commau.d of Capt Bloyce. They are
stationedh at the'old'brick hotel, opposite iihe
Prof. Wh4ktstone, has ri&ertained that
the d1uratioin of the electrio spark does nit
.exdoed the twbalffar'thousandtle part of a
second, A eannog halt would appest ..
*tisebary id its 4ht, if illumihnated' bf th's
spu&rk, anud thefwing of ush lnseoct that muov's'
ten' thoubkhd tili6Wa'gi66tdi Woutd u'enf at
MPetsinb. re gr'atijied to learn
at a'late hbee lae' tdihit that Informktion
had been reCeived4 ishis, ttty from an en
tirely realable bodt*ee fl Wn.hobngtoa city,
that Messes. b*edG5'irford Keyes and F.
G, 8tV6# Wd*obhidd i450Qeutle Pinek
AOey 5dedst A f.diath,- had been
tepvieved.th)?eptideMj the sae of
three moMhan'.'rCqwrer 10L
Tile C11mrell Ishiteligencer,
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