Newspaper Page Text
ly asflgd, l pet.es a Co. WINNSBORO, S. , RTgitDAY MORNING, JUNE 2, 1866. [VOL. III.-NO. 53.
7IE t40EY NEWS.
Ewritten for thp.Wiansboro News.]
A Wedding In the Back
It was the close of a lovely afternoon.
in May, that we were riding along a
moniain road in Randolph County,
Alabanli. Our party consisted of four
*hilom ''Members of the Army of
Northern Virginia. And having so
-letely, seen our gallant corps, amid tears
pild curses, stack arms und surrender to
thf oe they could no longer oppose, it
may rea..j he imagined that it was
with no pleasAbt feelingq that we trod
the path that led to exile or a foreigii
grave. Even the grand and pictures
5YAe scenery that purrounded us on
every side had no attr'ctions for us, and
we would willingly hane exchanged the
steeo rocky paths we trave'sod for the
most barren and uninteresting bit of
'sa"d, so that we saved the strength and
feaWof our horses on whom we depend
ed:to reach our'destination.
As.wi proceeded we overtook seve
ral parties of country people on
,joot and on horse4ack, in what seem.
ed to be their holiday attire, and
all traVelinig the same direction. As
we had neither seen nor heard of a
churc; in the iuighborhood, and withal
the day being, Wednesdpq, we were
natura ly surprised.at the'exhibition, and
one d'f our party asked the strangers
where they were going.
"WeIlL reckon you must be stmng
ers in these parts, or you'd i lnown
Sqnire Bunter's daughter was Lq be
married to.niglt," %'e the reply.
Assurin,g:1im'that we were strangers,
we re(ieated. him t direct its where we
coqjd get lo4gigs for the night.
"1Vell~ about tkv lo *.1qdsd
Ma0e ir li 1ri peilak
you in, i.s only half a mile further to
Squire Bunters, uid' if any of you'as
can play the flddle,, . know- tho
Squire'l be powerful glad to see vou I"
Thanking our informant, we pushed
on to "old man Turner's," and having
made arrangenents to pass the night
with him, we stripped our wearied hors
es and then proceeded to discuss the
pr6priety of acepting tLIe unceremoni
ous invitatioh we had received.
As oiie of th6 party,, mong his other
many and vted ac5oimp ishinents, cot Ild
scratch a tune or iwo on the Vio4n,
we inally determined to contribute our
delightful society and musical accom.
plishments to the entertainment. Hav.
ing once arrived at this conclusion, we
hat,ned to put it into ekecution, and
having reelied' dire&k4iotfo. our way
set out. Squire Bunters residenoe ks
situated oti,a hi$h hill,,-and enrrounded
bt'a dense pine grove. And we had
n9tgono fr before * rLd- i)lumini
tion, and one or two back woods whoops
told us where tho jolly,squire was cele
brating his fair' (laughter's nuptials.
W ffinhIy the st"p and
ro ,t we ' e low fe
e e By 019stf
half dozen pine iPt fre, we could seo
'abdiut"ahnilred Ad!,fty pe 6pe of
both sq" and oll eges, gathered about
talking, drinkingisad laughing :hugely.
As-we-appr6kched6ne of she- frer, our
acquaintang e 4 , qf w us, and
Jeaping oler and through the Brp,
(thereby siqgiing bl.e kigeq s,wqojen ,sop%u
and nearly .aversettisg a anctent and
very stAid ldokCingtlamsel inia bluae jump
jackl', a~nd gell,j p rted gown) he
greeted us with, y gr ,ygepp'v9
come, Lets show yuarthe equre% b~&
prehaps you'll pas..lu 6rslvWs fuit I"
Declining to cq ht, u~IbidaI an
act that early inY'i & ei iI,' we ac
cepg.diig proe, j T ipton to the
squire, and followed hCinto the house.
The squire, a hel hert;y old back
woods~man, '~ee i heartay ad
shaking us b*t ' pa as if he had
known s ali|.,l1 us to snake
We now had m 16pportuniy of view
a dobleloghM ih to seim
aiaed tarasy wkh wtliele communi
yagiadge gessOad or
s*d6 h iridtot. n
,ion parlor, t.here was no iu ire6 but
two fat feather beds, arranged in one end
of the room with 4 space of about four
feet betwen them. From the teisters
of the bedst lad railings were laid across
and from them depended gracefully
many arti.-lea of use and ornament
which I concluded was the brides trois
seau. Among them were several arti..
cles of weAring apparel, supposed to be
worn by individuals of that tender age
who generally monopolize the attentions
of. maiden aunts and grandmothers.
Turining from the grave contemplation
of these very 4;estive a,-ticles. we
proceeded to note the company. 'Twas
a difficult taik, for they showed a most
praiseworthy determinat ion not. to be still
a moment. Our.inspection of the men
was soon over, for with the exception of
the invariable blue jeans, and an unac
countable longtitude cf sleeves and
scantiness of pantaloons, there was notlh
ing remarkable about them.
The ladies, (God bless them) as they
always have dons, puzzled na exe-eding
ly. , A fancy ball could not have pre.
eynted more varities of costumes and
color. The popu'ar taste seemed to he
blne, red and yellow. In but two things
did they agree, however, one was a
most rebellious antipathy to shoes and
stockings and the other was a most loyal
attachment to hoops, as the fair persons
around us showed that the Arape-vines
in the neighborhood must, have suffered
dreadfully in honor of this festive occa
sion and that musRcadines wold proba.
ble be at a premium in the fall.
Our iniestigation of cause and effect
were interrupted here by the announcw
ment that. that the geremqny was about
to take place. My. friend B. who
with that happy facility that character.
izes him, had made himself at home at
once, seized the old cracked fiddle that
composid tile instruments for thf: band
and struck up "Joe Bowers," and to that
inspiring melody the procession inached
into the room and took their places.
The bride was really a very pretty
girl Pboet. sawit oen *earo *f age, 4rew
ed in a black cloth body, with white
skirt. and wore a wreath of dogwood
blossons and wild h->nevanckles on her
heod. The groom was a tall thin yoIng
gentleman, dressed in a faded uniform
coat, blue pants and boots, and seemed
thoroighly ashamed of himself. The
brides-maida to the number of four, took
their places behind the pair and quietly
and ducorously awaited coming events.
The Squire in his official capacity,
now entered and-] took his place in front
of the guilty pair, a long pa use. and the
Squire turtiing to, i he groom, said :
"Thonas, will you take Mandy, for
your wedded wife, to stick to through
thick and thin."
Thomas nodded his head and blushed
"Mandy, will you take Tom, for a
husband and do likewise ?"
"Yes," said Mandy very decidedly,
"Well mny the 'Lord have, mercy
upon.you for you are now man #nd
Now Thomas looked as though the
sentence of death had been passed upon
him. Not so with Mahdy, thrustingher
hand, into some nmysterio4a fold of her
drsi sie produced a wel wotn brush
and turning to one of the bridesmaidt,
electrifed ns by asking im a very audi.
bl voiee :
"Jatdo r is you'ens got the snuff' box
Jane having produced the snufg'boxi
the bride helped herself and 'ltem ta*iag
hot hus~baneYs arm, she retired so- the
fecesb 'bet*een 'the bei end seMliig
themselves psn a low donble steoG hey
received the reongratulation. of their
:friends. Being strangers we 'were - at
howed to enter the charmed recest anali
4ake s,est on, the foot of the beds, an?
en'ter snIp kovenation wit.h the happ
pair until supper was afnnounceCde *I
shall not attempt to degeribe: the tacene
at supper' where men,' *otrnan and chIt
drewgot Irio a ate, morthilatous thatj
rp'. A(ter supper the dancing
oommen.ed ad contiined until my driend
esed pla'ingm from shee, exhanstion,
ati4 'I flpeft " ehed"old mn 1re'
cormat' by tl spptant stlQ ok h
aforemaid 'n.e~. v-ier
aThe LoblstiU* .Josnm1i 7witd
a''Ywe ',tw thfu /4i
how loet hq7. and who. bigae
*hat h'nj.by isg replied,- "I feetas
it hhbottl'lWtoeho6t somebodlay
overnor Brown's AgUmOlit--Contlnued,
In support of the position that a statute
prescribing a test oath, whioh deprives a
citizen of his ri6ht to hold officee, penal one,
I refer your Honor 16 the case of Leigh 1,
Munford's Vi. Reps.; and file case of Dor
sy 's, Porter's Ala.' Reps. Ech of these
States had passed stringent agts against
duellidg, and had predr.ibod an *ath to be
taken in Virginia by all officers of the State
Government ;band in Alabama by all State
officers and patiolng attorneys, that each
had not beforA engaged in a duel awd wotild
never engagLe,p one, while he remained LI
the office. in each oas'the applicant mov
ed to be admitted to Lhd Bar of the Supreme
Court witiout,takingtb oath; and in each
case the Court suqtained the motion. The
decisions are lengthy, bitt as they are very
aulo I shall nt apologiM' for reading por
tions of each to your lopor. And upon the
point to which I last rWOered: I invite the
attentiot of the Court especially to the
following inguage ofithe Judges. In
Leigh's caso, page 482. 'Judge Roane, who
was greatly dit'dnguisbe for his ability.
says : Hlowever laiudib the ob4oct of the
not to suppress dtelling iiy be, it is still a
highly penal law and' must. be construed
strictly, It. is .upulually penal if sot
tyrannical, in cotpelling a person to stipti
late upon oath, by the 84 section, not only
in relation to his papt 6oaduct and present
resolution, but also for the future state of
his mind. 'thus premiflug that this act is
highly and unusually pohial, I will, under
the Influences of the rules for construing
penal statutes, proceed to apply it to the
case before us
Judge Fleming in the same case says:
The act under consideration beit,g a com
pulsory law (howeVer salutary it may be)
imposing on the officers of the Government
an oath unknown to the former law of the
State, or of the United States; though there
be no pecuniary penalty tiicted on those
who refuse to take the oath therein pre
scribed I cannot, but consider it ns a penal
statute, and as such.musq give it a strict
interpretation. Again he says: Admitting
that, attorneys are csinprehtedded in the act,
it has or ought,. t9 have aprospective and
not a retrospective oporatiou. and cannot
affect officers of any desor ion appointed
to office prior to the.,passa: of the at. In
Dorsey's case, 7 Porter, 8, Judge Goldth
wait says: I have omitt any argument
to show that disqaificvt & from office or
from tI I f, u " M a) ion ".Isa 4
Jtsh1ith--W I EO too evident to
require any illustration; indeed it tmay be
questioned whether any ingenuity could
devise any penalty which would operate
more forciblr en society. Again he says:
A citizen is informed that by the laws of
the State he is entitled to aspire to any
office, or pursue any other avocation which
any other citizen can. Yet when he is
about to enter in the office, or avocation,
he is required to swear to his innocence of
a particular crime; it then becomes evident
that if he cannot truly take the oath requir
ed, he Is excluded. Can it be doubted that
for all the purposes of the disqualification
the guilt of the in4ividnal is ascertained?
In what does it differ from a general enact
ment that, a candidate for. cties shall be
required to prove and eitablish his innocence
of a specified cirme. Admitting a prson to
be guilty, he is neither accused, tried or
couvioted be any tribunal known to the
laws ; yet lie is punished with unerring cer
tainty, and tite utmost celerity; his con
science is made his sole accuser and judgo;
his punishment commences with the com.
nislsion of the rime. and terminuates only
when he oeases to exist ;- he is excluded
from the sympivihy of his peers-no legal
doubt san intervene to produce hid acquit
tal--an error of his judgment involves his
soul is the awful guilt, of perjury, or punish
es ila, without gu4k. I have no hesitation'
in deMlariSg that sts act provides a zhcde of
ascertaining xad punishing guilt which is
not only unwarranted *, the Constitution,
but i& also in direct contravention ot seve
ral of the most important provisionw of the
declarat ion of rights, by which the- liberties
and privileges of the citizens art'guaded.
* a * * Whe* once it Is admited or
proved that a okisen has a right to aspire
to office or Io pursue aey law:%1 illodation,
it seems to me impossible that he can' be
legally deprived of thaL right, by a punish.
met for an offence commit.ed witt'out w
trial by jury ; and I can pereeive -no-soundi
distinction between al.y which deprives
otns of his right, witpiout .a trial, and that
whicb asoortains and punishes his guilt by
sa ilUegal vnode of Arial. >ihtrefers to
tihe Oos ernor's right, to gr.pt pardons, and
sayst .We cannot presume that the General
Assembly intetided by tbl.s aot, If consitun
t jonal, imposes 4. penAlty which cannot. be
i-emittei, 'an~' inflicts a pnaishutehs beyond
the reach of.Bxecutive olemeney. 1
In- tne ssmo ease, Judge .Osmondh .sys,
" ThfIe sa highly penal Ilb 1 igelades,
unha. its terms are complied with, all per..
sois fromn praeticing as atteeseys and con
suilors at law in the Court*.'t thf'6tate. 1t
must, therefore, roeave ge,stelot enastrue.
tioni, In acordaeice with well estaihshqd
pitfiples;haf the' dehofif to)sa l be
lbearhy *tbd fairly diseevsible femi e
oODPtIOn. n s p Pe 36G ei
ruire b aman to give6bImids i U Mm.
his t~ et Ah
Ar ~ytth reutsth,.s~a to w ote thew
c mishmenthie s u thes&nasloes oret'
IMposed " a consquettoe of silence. Can
iugenuity make a distinction between a
punishment inflicted in thi mode, as a con
sequence of a refusal to take the oath, by
closing one of the avenues to iverith and
fame, and a positive pecuniary mulot ? If
there is a difference, I think it entirely in
favor of the latter, so far as the amoumnt or
weight of the penalty could effect the dci
sion of the case. On page 881 With
great deference to the opinion of others who
Imay differ from me, I think that the requi
sition by the legislature, in substance and
effect, requires the applicant for a license to
give evidence against himseif; and that if
not within -ie le tter, is at least within the
words of the prohibition-the verj foumida
tion of which is that overy one is presumed
to be innocent till t he contray appears.
He then refers to the Constilutional pro
vision that the crime or offense must he
ascertained by dime courso of law, and says:
Time term "(e course of law" has a settled
antidasCertnined meaning, nud was intendell
to protect peoplo against privations of their
lives, liberty, or property, in any other
ruode than through the intervention of the
judicial tribunals of the country. But law
seeks to ascertain F& fact exulted into a
crime and punished in a particular manner
-not by qte judgment of a competent
Court, but by the admission of %he offender,
ahd construing his silence as evidence of
II a case of Greens vs. Briggs, 1 Curtis,
Circuit Court, reps. 826. Judge Curtis. of
tIme Suprone Court of the United States,
presiding in the Circuit Court, defines what
is meant by tie law of the landa. lie says:
Cortainly this does not meai any act. which
the Assembly may choose to pass. If it did
the legislative will could inflict a forfeiture
of life, liberty, or property without a trial.
The exposition of the words as they stand
in maqaq charta, is well as in time American
Constitution, has been that they require
"do process of law," and in this necessari
ly implied ad concluded the right to answer
to and contest the charge; and time conse
quent. right to be diehurged from it, unios
i is proved. Lord Coke, In giving an in.
terpretation of these words in magna charta
2 Just. t0 51, says they mean "due process
of law," in which is included presentment or
Indictment, and being brought in to answer
thereto. And tIme jurists of the country
have not relaxed this interpretation. It
follows. says he, speaking of the case be
fore him. that a- law which would preclude
Itip acosed from nnswerlug to an covtest
ing the charge, * * * and which should
condemn him to fine and forfeiture unheard,
If he failud to cotuply with the requiisition
(to give security) would deprive him of his
liberty eo- property-not by the law of tie
land, but by an arbitrary anl unconstitu
tional exei tion of legislative power.
Judge Pitman, In the Sane gase, refers to
the fact that, the statute under consideration
rendered any one engaged in selling spirit.
ous liquora an incompetent juror, and an
thorized the question to be propunded to
him, and aays I
This law authorizes the court to require of
the juror who may be chnllenged on thiis ac
count; it is true, the law says "he may
decline to answer," but what then? Is tie
fact to be proved by other evidence? no;
this silence is considered as sufficient proof,
and lie is excluded acor%dingly. lie is.
therefore, oompelled to unswer, if lie does
not wish to be excluded as unwotthy to sit.
as a juror, or does not. wish to be consitered
as concerned in a traffic which may ho con
sidered as infatmous. The mnxim of the
common law recognized by the Constitution
is that every man is presumed to be inno
cent until he is proted to bie gtilty. The
whole spirit of this law appears to me to be
at varlance with tho rights of property as
well as person. The Logislatt*a hls no
rit by s a nct to cotsAacate the property of
tie ciztizen ; it may be forfeited for a , iola
tion oflWw, but tMr may be done without
affecting the rights of the owner thereof to a
Tis .T'Wrr o V JEFFERsoN DAV--it is
very ulwertain when this event will ene
off. There is no d'esire either on the part of
Chief J'uttioe Chase or Secretary Seward,
for a-capifal convicltin'. In fact, I have
reason to believe that both gentlemen re-.
grd his arrest and detention as a public
misfortune. Both are sailous he should
esspe; but irough fear of Radical cla.-or,
,they are each anxious to compel the other
to assume responsibilIty for such proceed.
lags as will resu!t In his liberation. P'resi
dent Johnson has drawn upon himself such
internal hate, that Mr. DavIs and his pro
bahle fate excite but little interest. The
modit1ogion of epinion with referene to t'he
Swe msen, is illustrated by remarks like
lhese, which- are constuatly heard :"
"JolnofA- treason aes made that of Jeff.
Davis respectaule," "if I were to choose as
P5resldent between Jeff. Dlavia and Andly
Johuson, I would choose Davis." Tiris
tatter remarit was made last week by one of
the leading mnerchante of New Yorkc.-Nh. Y.
Oerespovndene of Asugusta Const1itutionaWet.
WEAT CAlfe.W $N CooL. SPuzNo- 4 iloo
tor wrItes fios .eeland concerning the
winter, whieb wtw unusually sevevwy and,
"hkI .tate of thIngs wmf se d'oan ousa
uIotsaaset,trent~endous .uotheritr lee- drift,
eoesqtneppe o(whiqh you wi~T feel in
Englanti ad oIer norti er- eelutrieu.
The esetio . ce bleeke will Be drafted
Iute.e4tlanmfqand peidng ther , putl be
nw' easse of nuush ra%n, and h'all, netd snow,
with a considerable loweriee of osVr feen
The doctor has proved to be right so far.
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