Newspaper Page Text
by Gallor4Pe pprt es Cool WINNSBORO, S. C., TUESDAY MORNING, JUNE 5, 1866. [VOL. II N. 54.
THI TIRUKLY NERS
WA?nIidaux, D. 0., May 24, 1866.
Sli A~ Ezors of Ae National Intcli.
6P.TLEi40. With my thanks for
the interet you have ft all times mani
1hated on the;,question of taxation and
representAtion, respectfully ask room in
.ygur colns for these brief quotations,
;selected from numbers 9f similar import.
A reliAb iu nd intelligent officer of
of our leading tailroads in the South
.iobnjoY unusuil facilities for gaining
:irimation from its very source, says:
The proposed five cents per pound
x on cotton gives great idissftis faction
and disebtragement to its producers.
Every man I have seen who is raising
cotton says lie goes in from this.tin)e out
for raising everything bui cottot). It
will more seriously affect the Northwest
thia 'the Sotih.
On the the sane subject the internal
revenue tax. assossor: at 'Memphis says:
. A tax of five cents per pound on cot
ton will 4reak putp!y a good man whom
I know. anl whoi mvested his money in
good faith that the Government Would
protect hit interest-nden from the North
as well as thb South.
Thile same writer,: on the pbjqect of
goneml taxation, a:yy :
The amounts rendered on income for
the year 1865 ar* coming in, and are fa r
Uetter than. I. h d supposed they would
Ie. Therois one thing that can be said
of 'the people of ybur di-Arict, and that
il, they pay as prontptly and cause
tho,ofReer les,trouible tin ary othIpr
4istrict in the country; the onlymis,
fortune is, they p,y any tax the officers
say they ought to pay, without. examin
ing thd la* ind bikving an opinion of
their own. They ;ire decidedly careless
people. We are having ,everal who
are giving incomes above $30,000, net,
which Is 6ood. The increased tax on
li iiset 'fOo, 1I going to run up large.
Ohr 6lletiona here, for the fieal year
Pidini 3O,th u4, i bq in. the ne'igh.
bdHihfdfVV4't Ln '0mitrhou
dollars, and you ought to use the arga.
Ieit that a pOople who pay in to the
general treasury that amount ought not
to' be dehied'a voice in adjusting the
rate of tax.. If you will take the trou
4le to consult the records of the offie
of the Interqal Reyenue Bureau at
Washington, you will find that the re
venue district of Memphis has caused
themt less trouble- in the line of claims
for drawbacks and refunding. than any
district of equal importauce in the
I will not deny that to me, at least,
tilsMtenct, is a source of cominenda
y constituonts, as well as other
conilhunities in the Southern States, in
stead 6f moping about and complaining
oftheir losses, or crazing their brain to
devise plans to swindle tim Government
out of its dues, are at woric to repair
their ruined fortutn-s.
To my numerous letters advising them
that thoesure way to support the policy
of tle President, and. thu. establish
their loyalty, is to make, a big crop,
the have ivariably responded favor
r Unjust and impolitic as would be the
imposition,. ,iom Aleir consent, of
this oppressive tax of five cents per pound
on their e6ttod, if. i is exacted thef will
pay it like: men who felt able to ,work
y hI4ts t,ii n1ergies to .corn, oats,
ti ey age ,)y.nuyt h gh prces fromi tipo
Northern gtates, t.he culture and pro
4gon of whieI ip thejr mild che)pate,
1aI4 .frem ;hueur rich agil, is bnij child's
play. of holiday work, as on) pred with
egttq lan'ti nbbt1driouis and
'td #frh (egQ t(ilelicy will
diths ~ si Al io .de of mahamfac
te lows, wagns, &c., now
pur .4to a fabnlous int&rest 'at St.
Louis de~innati; anad next they will
ntaturally say e i ~ ~yo do the
ony" o or~ctu eion of the
of thi veg us by nature,
nd minur te eb peotfiar production
Shhstory( of r pjst'fojelyrs tells
whether tIds ple h1ag'the "energ'y and
in:rner fa muii0lish this idehdt;: and|
death of "the goose that laid the golden
I only intended giving you the quota
tions, but have been unavoidably led
into these thonghts, (gr which please ex
cuse ime. Yonrs truly,
JOHN W. LFTwiCH,
General Wintield Scott,
And Mathuselah lived nine hundred
and sixty-nine years, and he died. This
is the expressive record of Holy Writ.
The oldest man that ever lived died at
last. The distinguished name at the
head of this article had long since pass
ed into history, and yet at the same
time still lingered in the land of the
living, an we naturally began to think
that the old General wotld always occu
py his place in our midst. But ho, too,
is gone. Eighty veams of honor and
distinction was no safrguard against
Gen. Winfield Scott was born Jant
ary 12, 1786, in Petersbu;rg,. Va., and
received hIk preprnratory education in
Richmond Iligh School and William
and Mary College. He was admitted
to the bar in Richmond, and soon after
visited Charlest.on, S. C., with the in
tention of settling there, and practicing
his profession. which., plan, however,
lie sibseqiwntly abandoned.
From his earliest boyhood lie showed
a pri-dilection for a military career, and
fortune Foon interposed to aqist him.
The attack of the British frigate Leo
pard on the Unitel States frigate Clesa.
peake aroused the indignat.ion of the
country, and a large fource of volun
teers wai called out. Scott hasteno to
enroll himself in the Petersbirg Troop.
of lirse as a private. His soldierly
person and eviOnt taate for arms at
tracted the attention of influential
friends,.a nd ho was commissioned cap
tain of ligh t artillery May 3, 1808.
Ie was made Iieutenant-Coldnel in
the war of 1812, and ordered to the Ni
agara frontier. Before the end of the
year lie was elevated to the command of
a double.regiment, ani in March, 1844,
he was promoted to the rank of Briga
dier-encr,l. . The Battle of Chippewa
was the first of a long series or victo
ties associated with his name.
After the declaration of peace, Gen
ral Scott was offered lie post, of Secre
tar) of War, by \fr. Madison, which,
however, lie declined, and proceeled to
Europe, in 1815, on a secret mission of
the Government. On his return to the
United Stat.es he was assigned in com
mand of the seaboard, and fixed his
headquarters in Now York city. Here
he remained till the breaking out of the
Black Hawk war in 1832. At the close
of a briufcampaign of a few months, he
returned to New York, and in October
visited Charleston on a highly important
and delicate mission.
In 1835 his headquartera were trans
ferrod to Florida. In 1837 was sent to
to the Northern frontier, on the occa
sion of the insurroction in Canada. In
1841 lie was made a full Major-General,
and appointed Commander in-Chief of
the whole United States armv ; and on
the 30th of November, 1846, sailed
from New York for the Rio Grande, to
direct the approachiug campaign in
His brilliant victories during the two
years of the Mexican war are too fami
iar to all our readers to warrant any
further allusion to them in a brief bio
He was nominated for the Presidency
at the Basltimore Wihg Convention in
1852. He was honored by Congress
with the rank of L1ieutenant-Generail,
whioh grade was revived in his pesn
as a compliment to his uilstinguishied
services to the nation. He was retired
from the immediate command of' the
army, at his own request, November)1,
1861. Since then lie has been living
in dignified retirement at West Point,
where hie died on the morning of' the
28th May.-C'harleston News.
ITar,saw Paovsuus.-God sees, and-OodI
Wherever there are tears to bo dried up,
youa will be sure to meet, a woman.
Bp oth1e~ing but truth; o. thae.livipg,sud
trutbo thes desfI.
There is miore lory la ivinylg, than
pe. ie in reveon ..
ersl1eei eto .hand on .jqur wirr dul
ao na~ for you oan ,aevr tea, thi.h
A 'philosQpher, on .beinugsaake Jrm
whom.ho received the first lesson of
wisdom, replied, "F9rom the blinde who
never take ia step tintil they hiav* felt
tha grnwrul'hanora'thmt" -
Governor Drown's Argument--conelet(I
(Yov. Drown also protuced the decision
of Judge Trigg, United States Distriot Judgt
for Tennessee, and Judge Busteed, holdin
the saino position In Alabama, and rea
parts of both deci8lons. The 0ourt in each
ease held th law ex post facto and void,
These decisiqns,, lie Iid, were precisely in
point (leciding thenl Iniiestion now before
the Court. He.then proteoded.
I beg the pardon of the Court for having
taken up so much time reading authorities,
but as they are in point, and are the opinions
of able Judges, and as the question is an
important one, I have relied upon the in
dulgonae of the. Codrt.- These authorities
establish the points X- have taken against
this law, to my mind beyond all question:
1. That the attorney Is an officer of
Court; that he has a property in that offie;
and that it is far life er good behavior.
2. That this not of Congress, violates the
social compact, Mayna Charmi, and the Con
stitittion Of the United States, by depriving
him of that property without due proceso of
law, in this, that lie Is in effect convicted,
and his property forfeited without present.
ment or indictment of a grandjury ; that. he
is denied a trial by jury,* that he is denied
tihe right to be confroute.I with the witness
es against him ; that he is denied compulso
ry process for obtaining witnesses in his
favor ; that ho is deniTr the assistance of
counsel for his defence: and that he is com
pelled to be a witness ngainst himself in a
criminal case, or that, his silence is constru
ed as conclusive evideneu of guilt.
8. That the aot is ithe nature of a bill
of attainder, and il an 'usurpation by the
Legislative Department/ of the Government
of the functioqs 'assignid by the Coustitu.
lion to the Judioia;. ;Department, being a
sentence of forfelpre, ronounced by Con
gress, which, be jg 4L)udioial and not a
legislative act, cAn' o hy be done by the
Judiciary after ttlal aitd convietion.
4. That the law is uot and was not in
tended to be a law prepcriblng qualifications
for office, but a pun law forfeiting his
property for the com*i oh of an net, which
tq tihe time of its *oidi,sslon had no such
penalty annexed-by lawr and that the act or
offence is punished by. ibis law in a manner
different from 14at, prp.'hfIbo4 by law at the
time of its comniissi; and that the law is
for this reasoheipo' 'to and void.
But suppose .thi dioitine ' to have been
fully established 'th 1ongreas - has power
to forfeit the prorap'hs which an attorney
has in him oiAte,.v havipg borne arms
against the GJoverqam4t, or countenanced
those who did; -andittlit it may use test
oaths for the ptioswotaeitaining who' is
and who is not gtaI1to bomhpelling each to
suffer the pohoAty of gvt ift he refuses to
answqr-riatqo K *wIng contrary
to all riE Entn suuit Uon a -...
enco of guilt from a refusal to answer; and
pronouncing and executing judgment ac
cordingly. low does the case then stand?
The office of the attorney would be forfeited,
so soon as the court inet and tendered the
oath, and he refused to take it. But cer
tainly not till then. Wiiy not? Becanss
Congress makes the refusal to take the oath
as conclusive evidence of guilt; or rather it
forfeits lia estate because lie is guilty ; and
makes tihe refusal to take the oath aland in
the place of trial by jury, and a judgment of
guilty' rendered by the sourt. Just as if
the Legislature of Georgia should pass an
act (no matter how absurb) that when a
man is found deal in any county, every
man, woman and child in the county, who
Vefuscs to swear that, lie or she was not a
party to his death, shall be taken by the
sheriff and hanged, and allhis or her pro
perty shall be contiscated.
But now suppose before the oath is ten
dored to any, or any one is exesued, the
pardoning power should grant a full and
free pardon to every person In the country,
coul the sheriff after the pardon, with
knowledge of its existence, proceed to hang
overy one, or to seize the property of any
one as forfeited ? All must, admit that he
could not. The pardon having bee grant
ed before judgment or execution, it teaves
the accused In precisely the same contition
in which they stood before the charge was
made against them; not only with the right.
to life and liberty, but to the peaceable en
joyment, of all their property.
Now the truth is, that most of the attor
neys of this Court have received, either
under the General Amnesty Proclamation of
the President, or upon special application,
full parden from the Precsident of the Unit,ed
States, 'before any Court has been held in
the State, or the test. oath has been tender,
ed to, or ref\used to be taken byv any one.
AdmIt, then, that the refusal to take the
testoathi st,ands In place of a convict.ion of
guilt, and It, can hasve no application to any
one pardoned before trial or conviolton. It,
certainly follows-, then, that the property
of ?n attorney in his oillee wrhieh was not,
forfeited prior to his pardon, eannot now be
forfeited for the offence for which, he was
:Derdonqd. Iaq support of this- position I
quotie the following authorities :
It seems agreed that a pardon of tsason
Or felony even after an atainder, so far
eltars the party ft'em the infatny, and all
other conseqyenoes thereof,- that be may
have sa petio agalas say sOne who a4ter
werds eo s5;,aa 4rsitor or feles ;, for the
prdomg nalis it, as It were, a new man-'J
aoud's Abr. 418.
The court wll pleese note'the linguage,
i,bat-the jpardon, .evean aftte atistad,r,
elsara the part,y frem~ the infamy,..and al
other conseque9oces. theroef. A mug9h strong
e'r case than the one now at Bar,. unls thi
act of Congfess Imposing the test eath ii
hield by the oourt, d 'be a, bill of attinder
and if ao1.it Is uneonstletfoAal ad void
pardon granted before convIctIon or attain
dor must necessarily leave the party in the
precipo, legal status which he occupied prior
to the commission of the offenso.
It ias formerly doubled whether the
pardon could do nire than take away the
punishment lea,%ing the crime and its disabl.
ing colisequences unrendoved. But, it is
now settled.that a par4don, whether by the
King or by act of parliament, removes not
only the punishment, but. all the legal disa
bilities consequent on the crime. 9 Bacon
abr, 415; 2 lbussell on crimes, 975; llob,
681 ; 2 Hal's P C, 272,2 Sale, 690; 1 Lord
Raym, 89; 4 State Trials, 681 : Cas. Tenp
Bolt, 088; 5 State Trials, 171 ; Fitzg. 167.
The effect of such pardon by the King is
to make the offender a new man, to acquit
him of all corporeal penalties, and forfeit
ures annexed to that offenco for whinh ho
obtains his pardon. 4 ilackstones Com. 402.
1 might add other authoritifs, but deem it
unnecessary. Those already quoted estab
lih the position beyond controversy, that
the effect of the pardon is to acquit the of.
fender of all penaltIes and forfeitures an
nexed to the offence. It follows conclusive
ly that the attorney or applicant for admis.,
sion to the bat who has received a pardon,
before indictment or conviction, stands be
fore this Court in precisely the condition in
which he would have stood ; and with alt.
the rights which he would have had, if lie
had never committed the oftce. To hold
that Congress can change this, is to hold
that Congress has power to destroy the
pardoning power vested by the Constitution
in the President. of the United States alone.
I trust I might safely rest this case here,
hut before I take my seat I desire to make a
few remarks on the law of nations as to the
relative rights and dutied of those who
were lately at war with each other. In doing
so I shall carefully avoid any expression
intended to reflect upon any one in position,
or any reference to present party divisions,
Suffice it to say that after four long and
dreary years of bloody conflict, Gen. Lee
surrendered his army, and tendered his
sword to Gen. Grant.
The latter with a magnanimity that if he
had done no other great. deed, must have
immortalize his name in history; apprecia.
ting Wie ability, the merit and the motives
of his great antagonist, returned it to him
as reported, with the kindest expressions,
saying : you are not conqmuered, but over
powered by superior numbers aid resources.
And in this connection, excuse ine for say.
ing lit this place, that the Southern people
owe a debt of gratitude to General Grant for
the firmness with which he lia; stood by the
terms of the capitulation; the liberality
which tins characterized his whole conduct
since that. timne; aral the many acts of kind.
ness which he has performed for Soithern
men in adversity and distress. All these
-L-%vdti flp"dfatilre. S8p
fter tbs sru-nder", loel Oi"aUou?M
a victim under the hand of the black-hearted,
bloody assassin, and the present excellent
Chief Magistrate was called to the position
at a most critical and trying period in our
history. As a Southern nan who had stood
by the Government oturing the struggle, lie
had been bitterly denounced by the whole
Southern people. Without knowledge of
the lofthiess of lia soul, the expansiventess
and Intensity of his patriotism, and the
purity of his. motives, they shook with
anxiety and fear when lie grasped the heliht
of power while they lay prostrate at his
feet. Had there been vindiotiveness or
revenge in lia nature, or had his mind been
cast in a smaller mould, the country would
still have been drenched in blood after the
thunders of battle had been huslied-the
South would have been utterly ruined, the
prosperity of the whole country destroyed,
ond re-union with fraternal feelings would
have been an impossibility for geteritions
to come. I'ut rising above all personal and
selfish consideration. atnd looking alone to
the good of the whole country, lie issued hia
Proclamation extendhig universal amnesty,
with limited exceptions to the whole people
of the South, by which he pledged the faith
of the Government, (for he as Commander
iw.Chief war its representatil e,) that on the
aceeptaner of the terms proposed by him,
and on toking the oath of allegiance, the
people of~te foutli shoild be restored to all
their righte in the- Lnion under the Cousti
tutloir. The people en masse, Attorneys at
',aw inoind'e, Judge Law among the rest,
accepted the terms, vad ma-uy who were not
embraced in the general amnesty, on spe
cial appcation received pardon. I ere then
are found the terms of the capitulation to
whicht thc several States in the aggregate
capaclty, as well as the people individually,
have faithfully conformed. They have even
changed their State Constitutions, submit.
ted te a revolution in their whole social
and labor system, and given up hundreds of
millions of dolare In their slaves, to mnake
the compliance oa their part, full and som..
Ina conclusion, I have only to add that I
have satisfied my own mind, and I trust the
mind of the-Court, thet the statute requir
Jag the test oath is in violation of the Con
sitution of the- United States, and is for
that reasom void. And that the Divine law
anud the laws of nation, agree, that when
war Is at, an end, and peace is proclaimned or
amnesty an4 pardlon granted to the van
ognhed an to the applicant in- this cane, all
the pat qsuet, be burled in oblivion, ad no
one ahuould be called to account for what
was done ledoring it. ' contiauance." And
that lie who . fyrfeits the property of those
who have made peace; for acts done during
hostilities, viotate the law of nations ; while
he who sheds the bloods of those who have
cenfornied to the terms of the capitulation
after hostilities have ended, "ahedb the
bhbod of-war In peace," and violates not
only the law of nuetions, blit. the law reveah
ed bP the hiving'God.
'Time Claurcia Inmteiiigeuie,
EVOTED to the interests of the Pro
testant Episcopal Churoh, is publish
ed at Charlotte. N. C. Terms of subsctip
tion, cash in advanco.
For six months, $2 00
For one year, 4 00
TER3s or ADVIt14tAn-Fifteen cents
a line, or for the spaco of a line. To yearly
Advertisers, a liberal deduction on the
Above will be mando.
All Obituary and other Notices charged
at one cent per word.
Subscribers desiring to have Their Post
Oflices changed, will state both where thei
paperb are now being sent, and where they
would have them directed in future.
For one month before each subscrlpilon
expires, a pencil mark on the margin will
rernind the subscriber to renew his subscrip
tion by an early remitltance.
All communications should be addressed,
John Wilkes, Treasurer, Church iatellige-ner,
Charlotte, N. C." Feb 1
DAILY CAROLINA TIMES,
Cluariotte, N. C.
IS PUBLISHED DAILY AND
TRI-WEEKLY, and furnished to sub
scriber, upon the following terms :
Daily Times, one year, $10.00
" " six months, 6.00
"4 44 three months, 3.00
Tri-Weekly Times, one year, ti.00
" '' six months. 13.01)
" " three months, 2.00
The Weekly News, centaining twenty
eight columns, a tr.mscril,t of the Daily
Times, is published every Tuesday, at $;1
per annum. Clubs of ten or more, $2.50,
and a copy to the getter up gratis.
Terns of advertising.-In the Daily and
Tri-weokly Times. one square (ten lines or
less) $1 for first insertion and 50 cents for
macl subsegnent insertion. A reasonabla
reduction made for advertisements inserted
for a longer period than one month.
Advertisements inserted in the Weekly
News at $1 per silnare for each insertion.
All let ters on business with the above
publications ahould be addressed to,
WARING & IIERRON,
Feb 1 Charlotte, N. C.
PUnLIsInD AT COLUMnIIA, S. C.,
BY JULIAN A. SELBY.
r H DE iD'ily Phtnix. issued every morning,
except Suntday, is filled with the latest
news, (ty telegraph, mails, etc.,) Editorial
Correapondence, bliscellar.y. Poetry and Sto.
auii Cof*ho cit'r el'Olarl,-ston.
The Tri-Weck h Ph<mnix, for country circu
lation, is publisheil every Tuesday, Thursday
and Saturddy, and has- all the reading mattor
>f interest contained in-the daily issues of the
Weekly Gleanor. a home companion, as its
)Ame indicates, is intended as a family journal
mnd Is published every Wednesday. It wi'l
.ontain Eight pages of Forty Volumus. 'Tho
:ream of the Daily and Tri- Weely will be
'ound in its colnuins.
Daily, one year....... .............. V O 00
three months.................. 3 00
1'ri. W eekly, one year................ 7 IJO
three Months.................. 2 00'
Wcedl , one year.................... 4 00
three months.................. 1 25
Advertisements inserted in the Daily or Tri
Weekly at 81 a square ror tIe first insertion,
end 75 cents tor each subrequent Insertion.
,cekly advertisements $1 a square every
A NEW SERIES OP
THE BAPTIST BANNER,"
WILL B. COMiENCEJP
IN SATURDAY, TUR 9OP1 INSTANT, AT AUGV$
Iy the Former Proprietor.
AM happy in being able to makethe
above announcement. The Banner will
be publi3lhed every Saturday.
S Subscriptions are respectfully so.
lioited. $3.00 per annum. Aodress
JAMES N. ELLS, Proprie-o .
Ig- Each newspaper in Georgits and
South flarolina will please cop- twice, and
send bill to J. N, E. sept 28'6-2
Time OCaceter Stanudard,
BY GEORGE PITWYER,
PUBnLTsWfrE wEEIKLY AT (CilEBTER C. 21., I. 0
T ERMS: For oneo monthr 25 cents, or 75
cents for thremonths', payable strict
ly in advance, either in specie or provisios.
No subscript ions receivedi on any otner
terma than the above, nor for a longer
or shorter period.
Any person obtaining' a lub of tent names
will se,ceive the paper gratis.
Advertisements insertedl at. $1 00 er
square (10 lines) for the first insertion, and
76 cnts for every adtditional insertion.
Thme Keowee Cotrer, -
PUBLJsHND WEEKI.T AT -930EUNU e.'E., a.,*..
BY RI. A. T HOMPSON & CO.
'I'ERMS-Onie Dollar and Twentyinfia
Cents for six motsths, In advanee.
Advertisemnents inserted at $1 per square,
for t'ne first inuetrtlon, and 60 centts for eaelk
anubsauent ieton.. fot 24'ti6,