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The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, April 07, 1870, Image 1

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An Independent Family Journal?-Devoted t? Politics, Literature and General Intelligence.
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HOYT & CO., Proprietors. ANDERSON C. H., S. C, THURSDAY MORNING, APRIL 7, 1870. VOLUME 5?-N0. 41; *
? El -;-;?
From the New York Tribune, ?arck 26.
PBOGRESS Df THE SOUTH.
JUDGE JAMES L. ORR INTERVIEWED.
Astjeeso>~, S. C, March 17.
^^ere3Sf?-1geptIe eminence in the upper" part
of South. Carolina, whereon stands the home of
cx-Member of Congress, ex-Senator: ex-Speak
?r of the United States House of Representa
tives, ex-Governor of South Carolina, and now
J??n Judge Jahies L. Orr. It is in that region
of the State where the rugged outlines of the
Bltie Ridge terminate in the graceful undula?
tions of a country fertile enough on the one
hand to yield the farmer the greatest abun?
dance, and on the other hand mountainous
enough to have produced a class of. men whose
hardy brain and brawn made them dangerous
antagonists on every field and rostrum.. Wheth?
er it be the influence of air or muscle, of blood
or association, of food or training, some law of
nature is unquestionably at work, developing
here as in other hilly countries, superb physi?
que*, with mental energies to match, which,
out forth in the work of life, tell with wonder?
ful power on the weal or woe of mankind. You
may distinctly trace these characteristics in
nearly every public man born in this section?
Calhoun, Andrew Jackson, Andrew Johnson,
Perry, Burt, Warren Davis, Waddy Thompson,
Orr, and scores who are yet upon the stage of
action. But this only en passant.
Knowing that ex-Gov. Orr is regarded as a
representative man of South Carolina, and one
thoroughly identified with the best interests of
the people; that he was first among her public
men. to recognize the new situation, and labor
conscientiously in behalf of a true reconstruc?
tion?in other words, that he promptly accept?
ed the results of Congressional legislation ; and
knowing, further, that no Southern statesman
possesses a larger experience in public affairs,
orcan apply to passing events a riper judg?
ment, your correspondent recently sought an
interview with him for the purpose of deriving
such information as would enable the people of
the North?her agriculturists, merchants, man?
ufacturers, capitalists, and politicians?to draw
truthful conclusions as to the condition of the
South, seen and described by one "to the manor
bom."
the home of ex-gov. oer.
Taking the night train* at Charleston you on?
ly arrive at Anderson?the terminus of a short
branch of the Greenville and Columbia Rail?
road?24 hours thereafter, albeit the distance is
less than 250 miles. In the suburbs of this
pretty village resides the object of my visit, and
the conductor being requested, very kindly
stopped the train on the edge of the spacious
grounds which environ the mansion, thus re?
ducing the walk from one mile to something
like 200 yards. The first glance of the house?
there's a great deal in an outside label, you
know?was cheering. It looked comfortable.
There was something in the great walnut grove
through which you had to pass before reaching
it; in the tall pillars of the portico ; the broad
verandah; the observatory ; the long avenues;
the library building on oue side; the spacious
kitchens iu the rear; the well-houses, stables
and corn-cribs; the garden patch and neighbor?
ing fields, well fenced and thrifty, which con?
veyed to the mind anything but a sense of aris?
tocratic exclusiveness, and recalled memories
of that old-time hospitality which we have
been wont to associate with the home-life of
t' e Southern planter.
?-Before reaching the door my attention was
attracted by the clear falsetto notes of " Whoo-e!
Whoo-e! Whoo-e !'?" and, looking in the direc?
tion from which they came, I fouud they ema?
nated from the musical apparatus of rio" other
-than the old statesman himself, who, with hat
and coat off, was calling up and feeding pigs,
poultry, cats, dogs and goat3, in the most dem?
ocratic style imaginable. These, next to his
children, are the household pets.
Although I had not met him for more than
twelve years, he instantly called my name, and
in a moment more was asking after every indi?
vidual in the little company gathered around
him at that time in the Speaker's room of the
former House of Representatives. Indeed, the
Judge is celebrated for his remarkable memory
of names, faces, and places, to say nothing of
his fine ability as a social story-teller, and -1
fancy that this peculiar power of paying a del?
icate compliment to the humblest acquaintance,
is one of the influences through which he has
made himself one of the most popular men
with the masses now living in South Carolina.
Under such circumstances it was scarcely ne?
cessary to present a letter of introduction, or
be astonished at the graceful dignity with which
he claimed a comparative stranger as his guest.
Entering the mansion, a look revealed the fact
that the same generous conception of comfort,
space and breathing room which had been ob?
served without, applied within. The halls are
at least twenty feet wide, here and there hung
with a picture or ornamented with a bust; the
stairways broad, the apartments large, the ceil?
ings high, with plenty of daylight flooding in
through the windows. When the Governor
told me that the premises had been sacked by a
detachment of Federal troops, and nearly all of
his furniture, together with the clothing of his
wife and children, destroyed or carried away, I
looked in vain for the finger-marks of ruin, and
wondered at the evidences everywhere visible
of rapid recuperation.
After tea we repaired to one of the parlors
where the Judge lighted his corn cob pipe, and
taking a couple of young romps on his knee,
for an hour entertained a delightful home circle
with reminiscences of the past. Now and then,
too, we had music, in which, with voice or
flute, the father mingled in the chorus of his
five children. Time, indeed, has made but lit?
tle change in the man as he was known ten or
twelve years ago. There is the same rotund
physique, erect pose, elastic step, and ruddy
complexion as of old; the same merry twinkle
of the eye; the same social bonhommie that
carried its charm into every circle. His hair
has grown gray and thin; but he illustrates the
remark once made by N. F. Willis that "it
takes handsome mountains and handsome men
to look well bald;" and there is not a youth in
the country who can work more constantly or
effectively with pen or pickaxe than James L.
Orr.
likes dislikes.
It may be added parenthetically that in
Charleston and among the low-country plan?
ters generally ex-Governor Orr is an object of
cordial dislike. They respect him for his abil?
ity ; they fear him because of his power; they
detest him because of his independence; and
they turn him the cold shoulder because he
sprang from the people. When a Confederate
Senator he dared to anticipate before others the
probable downfall of the cause, and to intro?
duce in secret uession what was known as the |
"Peace Resolutions." When Governor he was
bold enough to rise in the presence of a body j
Charleston merchants, at a public dinner, and
utter truths, political and commercial, that;
made them wince, and afterward to walk to the j
opposite side of the" street when they met him. \
He had the hardihood to affiliate socially with j
Generals Sickles and Canby, and aid them in
tire arduous work of re-organizing the State, |
Bs assumed the responsibility, at which other
men shuddered, of recommending, officially
and on the hustings, that the white people
should vote for delegates to the State Constitu?
tional Convention?a Republiican b?dy; and
finally capped the climax of political iniquity
by permitting himself to be elected to the office
of Circuit Judge by a Republican,Legislature.
People .now say; "All thiewai right;" "Gov.
Orr.wastwo years in advance of us ;'V"had we
followed his counsel the condition of affairs
would have been very different" But still the
prejudice: is hereditary and strong, and they
neither forgive nor forget ? .
I asked the Judge how he relished this oppo?
sition.; "Why, sir," he answered, "a public
man in South Carolina, who thinks for himself,
must have a hide like a rhinoceros, and forty
years of antagonism have made mine s? tough
that all the porcupines in Christendom couldn't
draw blood; that is, when I . know I'm right,"
In the up country, however, the feeling to?
ward him is one of almost universal respect.
Known to be just in his administration of pub
licaffairs, untainted by; the breath of any cor?
rupting influences, often weighed in the balance
and never found wantJng, affable with the hum?
blest, and personally popular among all classes,
the people trust him. They confide in his
judgment. The very, fact that he predicted
long ago present consequences, and advised the
public now to avert them, has more than ever
increased fiuth in his wisdom, and fixed, as I
am impressed, a determination bv thousands to
adopt his policy. What that policy is, is fore?
shadowed in the following conversation :
the philadelphia convention and dem
.oc&atic pasty.
. Q. Judge Orr, you have been long affiliated
with the Democratic party of the country, and
I have some curiosity to learn why, so soon af?
ter the Philadelphia Convention of- 1865, in
which you played an important part, you iden?
tified yourself with and espoused the principles
of another party not generally acceptable to
your o.wn people. . ;
. A. The answer to that question is a simple
one. It was generally believed throughout the
South that the object of that Convention was
to restore harmonious feeling between the two
sections, and accordingly her representative
men were selected to confer and act with the
Democratic leaders of the North. Results
proved, however, that elements of disruption
were already at work within the party; that
the West and the East were antagonistic in
their views of public policy, and that in many
respects the South was not in a condition to
agree with either. The effort then made to
create a healthy public sentiment toward us
signally failed, ana after a mere spasm of cor?
diality in the Convention, its members separa?
ted as diverse in their opinions as ever. These
bickerings resulted in the election of General
Grant and the present supremacy of the lie
publican party.
- Q- But is it your opinion that the Democrat?
ic party will never regain its power ?
A. A party called Democratic may eventual?
ly succeed, but the old regime is forever dead.
The antagonism of so many leading members
of the party to the war will, since the war has
proved successful, -put them in the same cate?
gory in all future popular elections with the
opponents of the Revolutionary war, the war
of 1812, and the war with Mexico. None of
the parties opposing these wars had sufficient
vitality to recover from the damaging results
of their opposition. But the blunders of the
Republican party, already made and which
they will continue to make, not moving cau?
tiously in consequence of their consciousness
of strength, will necessarily create a reaction,
under the influence of which they, too, will be
overwhelmed in national politics, as the Jack?
son party was overwhelmed in 1840 in the con?
test between Mr. Van Buren and Gen. Harri?
son, when the election was won not so much
by the popularity of Whig principles as by the
unpopularity of the Jackson and Van Buren
administration. High taxes, the consequent
stringency of the finances, and official corrup?
tion, is the rock upon which the Republican
party will be wrecked. From the debris anoth?
er party will arise composed of the progressive
men of the country, wnose'leaders will be real
statesmen and economists, and under their
administration the Union will advance in true
greatness and solid prosperity. Doubtless the
next census will change the basis of power.
More relative strength will be given to the
South and West, which will result in weaken?
ing the influence of the New England States,
and transferring the control of the country to
the agricultural sections.
Q. Do you think the country would be.any
better off under a Democratic administration,
than it is at the present time?
A. I can only answer that question with
Qualifications. In my judgment the election of
teneral Grant avoided violence and bloodshed
throughout the South. Under the administra?
tion of Mr. Seymour, efforts would unquestion?
ably have been made to overturn existing State
Governments, even before his inauguration,
because the people were stimulated by the de?
lusive representations of ardent partisans, who
believed he could undo the entire work of re?
construction. The truth is, however, that bad
Mr. Seymour been elected he would have been
as impotent as Andrev. Johnson, in every en?
deavor to render assi- tance to the South. The
majority of the Senate would have been against
him for at least two years, and he could not
have removed or appointed a postmaster. The
House was in the same opposition, and none of
the party would have felt amicably inclined to?
ward one that had defeated their candidate.
geant's election a blessing. *
In this view, therefore, it was a blessing to
the South that General Grant was elected.
Some of the results to us, politically, may not
be agreeable; some of the Congressional legis?
lation that has followed has been based upon a
misapprehension of the real public sentiment
of the South ; but the end will prove the wis?
dom of the election of General Grant. It
must be remembered that the war did not close
with the termination of hostilities. It required
time to make the people fully realize the fact
that they were conquered, and to adapt them
selves'to the new situation. The principles for
which they had fought were, so to speak, he?
reditary, and it would be a marvel in history or
in human nature, for them to have even theo?
retically submitted to a stronger power at once.
the temter of the teople.
Q. Suppose, on the theory that the Southern
States were never out of the Union, their rep?
resentatives had been admitted to Congress
without the restrictions which have been im?
posed by the enactments of that body, what
then would have been the result ?
A. In my judgment, one-third of the States J
of the Union would have been hostile to every
leading feature of the policy of the conquering ;
party. They would not have sympathized with
the power by which they had" been defeated.
They would not have given universal suffrage
to the negro; they would not have permitted
the South to be overrun by irresponsible, and
in many instances, corrupt men?mere adven?
turers, having in view solely their own eleva?
tion. In fact, such was the temper of the peo?
ple, that they would not have recognized the
right of qualified suffrage to the colored man at
the time it was profRsred. Of eaprse, ft the 1
present time, they would be glad enough to
make such a compromise. It is the knowledge
of this fact which accounts for the persistency
?of Republicanism at the North, and for the
adoption of a plan of reconstruction which
would remove the fangs of the serpent by which
that section had been stung. Still, I do not
wish to be understood as endorsing all the pe?
culiar manifestations of that political creed
which have been exhibited in the South, be?
cause Republicanism has gone to extremes here
which would never be accepted at the North.
A reaction must necessarily take place, and is
already in progress.
REPUBLICANISM TO PREDOMINATE.
Q. But will a true Republicanism gain ac?
cessions to its ranks from the native white men
of the South ?
A. Most unquestionably, but it will be a
work of time. Jt is every day becoming evi?
dent to men of shrewdness and foresight .that
there is no organization antagonistic to the
Republican party which can be successful in
South Carolina for the next ten years, and the
remark is equally applicable to every Southern
State in which there is,a large colored majority.
The results of the last three years have satisfied
the people that all the present evils of which
they complain might have been averted by
showing to the colored voters that they intena
to maintain their new rights. Large numbers
of the best men in South Carolina are even
now willing to espouse Republican principles,
and would doubtless do so but for the distrust
which, as gentlemen of character and intelli?
gence, they naturally entertain toward those
who, by accidental circumstances, have been
placed in the lead of the Republican party
men who do not, and never did enjoy public
confidence; men who are ignorant, corrupt,
dishonest and unfit, by reason of their early
associations, for decent society. They were
adroit enough, however, to make the more ig?
norant among the negroes believe them to be
their best friends, and by employing all the arts
of the demagogue, and an unscrupulous use of
disgraceful agencies, they succeeded in being
elected to the most important offices in the
State. fj
THE COLORED PEOPLE.
Q. Is it your belief that the negro can be
controlled ?
A. It depends upon the material you work
with, and the material you work upon. The
most ignorant are the most radical; the most
intelligent are the*most conservative; and my
experience with them, in the capacity of legis?
lators, satisfies me that as far as lies in their
power they mean to do only that which will
redound to the best interests of the State.
Naturally, much of their action has been based
upon the determination to strengthen their
party; some of their measures, such as legisla?
ting a City Council into office over the head of
another Council perhaps equally Republican in
character; or such as extending the limits of a
city or town in order to embrace more votes,
have been extraordinary in their purpose; but
even these have found sturdy opponents among
the race, who will not lend themselves to any
policy, however advantageous, thai is not fully
sustained by precedent or principle. As I said
before, the colored people may "for a while dis?
trust the professions of white men, but when
they see them in earnest, and discover that it is
not merely a matter of politics, but of practical
benefit to the State, which is involved in a
.combination of strength, confidence will be re?
stored, and the two races will work together in
harmony.
Q. L? there a disposition among the colored
people to improve their opportunities ?
A. Undoubtedly; large numbers of colored
children are attending school; many of their
parents, by economy and industry, have accu?
mulated means; as a ?lass they dress better
than before, and there are general evidences of
improvement. There is of course a large class
of idlers, lazy men and women, who have no
ambition to do more than live from hand to
mouth. These prey upon society, and bring
their race into disrepute; but this is an evil
which only time can cure. It is the brighter
side of the picture which our people are pleas
urably contemplating, because they see in the
advancement of this large colored element a
corresponding degree of advantage to them?
selves and the State. We want intelligent
labor. As an agricultural community we must
depend upon it for success, and, if it cannot be
brought from abroad, our policy is to promote
all educational influences at home. It is a re?
alization of the fact that the interests of the
two races are common, that each depends upon
the other, that the black man is essential to the
welfare of the white man, and that both must
work together in the business concerns of life,
which has brought men to their senses. We
are, in short, becoming progressive.
THE FIFfEENTH AMENDMENT.
Q. Allow me to ask, Governor, what is likely
to be the operation of the Fifteenth Amend?
ment throughout the South ?
A. It is my belief that in a few years Con?
gress will find that they have put into the hands
of the South a two edged sword; that that
with which they intended to deprive the white
man of power has only doubled it. And should
the question of repealing the clause be raised,
its strongest opponents will then be those who
live South of Mason and Dixon's line. So
identical will the interests of t he two races here
eventually become?all local causes of irrita?
tion being removed?that the South will go in?
to a national contest with all her armor on,
carrying with her the balance of power, and
the ability to determine every vexed question
of national politics. Ideas do not always cul?
minate in a day or a generation, and we can
well afford to await the issue, knowing that
mind will at last triumph over muscle, and se?
cure for us as a people united, without respect
to color, all the rights to which we are entitled.
In other words, New England will not always
dictate to us from the floor of Congress, and
the North generally will not enioy the blessings
of partial legislation. In this light, looking to
the future for results, I think we should be
grateful for the Fifteenth Amendment.
THE FATE OF THE NEGRO.
Q. I have frequently seen it stated in the
public prints that the negro is dying out and
the fear is expressed that in the course of time
there may not be enough left to till tho crops;
but what are your views on this subject ?
A. It is one to which I have not given care?
ful attention. Yet my observation of the mor?
tuary records of our principal cities satisfies mo
that"the fear expressed is not without founda?
tion. Natural causes, which you will readily
understand, are at work to produce this result.
In old times, under our system, the health of
slaves, especially of the young, was a matter
of constant solicitude. Unless on extraordina?
ry occasions they were neither overworked nor
permitted to lounge in idleness. They were
fed on substantial food, comfortably clad,prop?
erly amused, and had no cares. When ill, the
plantation physician was called in, and all his
skill applied to the business of restoration.
The. slave represented money?money in him?
self and moncv in the current year's crop. It
wasn't profitable to allow him to be sick, and
nitfeh less profi tible to lot him die. Tiie conse
qu?rice was, tfeat between ?h'e y^str leOO?W?en
there were ouly '50,000 slaves in the United
States?and the year 1860, the increase was up?
ward of four millions, and it is a grave question,
by the way, what sort of a country we should
have had in fifty years more at the same rate of
negro growth.
It is another grave question whether, if
Providence intended emancipation to take place
at any time, it did not occur auspiciously in
1868. But: to resume. The condition of the
freedman is now reversed. With no master, he
has no sense of responsibility. The more igno?
rant among the field hands are content to live
in squalor and wretchedness, their children die
from lack of proper food and care, and there is
unquestionably a diminution in their number;:
from natural causes, which in their present sit?
uation, cannot be controlled. This is especial?
ly the case among the negroes on the coast;
but the remark does not apply to the intelli?
gent colored man everywhere. It is a remark?
able fact that the slave increased twenty-three
and a half per cent., and the colored free peo?
ple only one per cent, during the ten years pre?
ceding the war. If I remember rightly, the
City Register of Boston reported that during
the five years preceding 1850 the number of
colo' 'd births was one less than the number of
marriages, and the deaths exceeded the birtbsi
in proportion of nearly two to one. In Rhode
Island and Connecticut, according to the regis?
tries kept, the yearly deaths of blacks and mu
lattoes have generally exceeded the yearly
births. There is no method of reaching simi?
lar results in the South, except through the
reports of the health officers of the different
cities, but these show a startling amount off
mortality in the race, and invite a question as
to its ultimate condition. My own impressior.
is, that in a quarter of a century from the
gresent time, all the colder regions of the
outh, from Virginia to Georgia, will be main?
ly populated by sturdy white emigrants, before:
whose-competing toil the negro will be obliged
to give way, and that he wilfseek the lowlands
as his final abiding place. These are but
speculations, yet, the fate of the red man is to
a very considerable degree typical of the law of
I nature which has applied to the negro in every
State in which he has been compelled to work
for his subsistence side by side with the white.
The South, however, requires all her laboring
population, and as a people we deplore any ex?
igency which threatens to deprive us of so es?
sential an aid to our prosperity. Hence it is
that our liberal-minded men, foreseeing these
results, are prepared by wise and humane regu?
lations for their enlightenment and moral and
social improvement to make the colored people*
valuable in our agricultural developments, and
thus retain them as an element of practical
strength and usefulness,
IMMIGRATION?ITS IMPORTANCE TO THE "
SOUTH.
Q. The views yon have "expressed lead nat?
urally to the inquiry whether the people of the
South fully appreciate the importance of an in?
fusion of more energetic help, of white immi?
gration from Europe and the North, and what
inducements are offered to citizens of other
portions of the world to settle in yonr midst?
A. The inquiry opens a broad field and com?
prehends much. In general terms, I answer
I that, viewing the question of Sourhern resusci?
tation in all its bearings, emigration is an abso
! lute Southern necessity. Our losses during the
war amounted to the enonr ous sum of seven
billions of Dollars. We have left to, us, how?
ever, an immense area of laud, a productive
soil, and a genial climate. Our resources are
incalculable but we need population and capi?
tal to develope them. We are not satisfied with
onr present labor. It is insufficient and to
some extent untrustworthy. To illustrate:
The population of South Carolina is in round
numbers seven hundred thousand, nearly equal?
ly divided between white and black. This
would give us but twenty-three persons to the
square mile, yet the territory of the State un?
der thrifty cultivation, may be made to sustain
four millions of persons with ease. To obtain
this population we must tap the reservoirs of
the world, and to all who come we will extend
a cordial welcome. Immigration will induce
competition, and in competition is our safety.
There is no other coercion that can be applied
to idle men. They must either work or starve.
Doubtless we have to encounter much opposi?
tion from the West in our endeavor to divert
the tide of emigration, but we have more to
offer in the shape of reward than any Western
State. Our products are nearer the great mar?
kets of the world, our soil is far more fertile,
and the emigrant will come to a State already
settled and possessing the advantages of age if
not of progress. The same causes which nave
developed Wisconsin, Minnesota and Iowa may
be applied with equal if not greater success in
South Carolina. We only require a multitude
of farmers to raise the produce for which we
have heretofore paid the North and West, and
in my judgment the owners of large tracts of
valuable plantation lands will be glad to dis?
pose of their surplus possessions rather than
attempt the cultivation of crops on the gigan?
tic scale which belonged to our former system
of labor. Experiment has demonstrated, both
here and abroad, the value of small farms and
diversified industry. We have about 4,500,000
acres of land under cultivation, only one-fourth
of the area of the State.' This would throw
into market 45,500 farms of 100 acres each.
To illustrate by comparison, New Jersey and
South Carolina are very nearly equal in popu?
lation. The value of the products of the first
named State in 18G0 was *60,'JOO,000 ; of South
Carolina during the same year only 845,9S0,000.
True, the capital of one is largely devoted to
manufacturing purposes ; the capital of the
other is employed chiefly in agriculture; but
you will readily see that if all the facilities, at
our command, our vast water power and manu?
facturing resources, were developed to the same
extent as in New Jersey, we would realize a
truly golden dream of prosperity. Even under
present circumstances, we shall be better off
pecuniarily, in five years, with anything like
favorable crops; arid will have rhore actual
cash at our command than ever before. In
two years we will begin to invest our-surplus
capital in manufactures; but at present our
people are afraid to invest in anything. They
nave money, a large amount of it, but it has
gone into coin, and is hidden away. In a little
while, as soon as political affairs are settled,
and confidence is restored in the administration
of State and national affairs. The old evil of
extravagance, so fatal to permanent prosperity,
has been effectually cured, and hereafter as men
appreciate the difficulty of making money, they
will manage its outlay judiciously.
IN CONCLUHION,
remarked Judge Orr, the views I have expressed
to you this evening, while entertained by a
large number of the citizens of the State, have
never before, that I am aware of, been publicly
uttered. I know what will be the result when
they are published. I shall be roundly abused
for telling the truth and speaking what, in my
judgment, is common sense; but the soundness
of tnese reflections will, I am confident, be de?
monstrated in the future, when passion has
subsided, and reason once more assumed sway.!
? A good sculptor?One who '(chisels" his
landlord chit of his Ddird.
ACTS
Passed by the Legislature of. South Carolina.
an act to carry into effect the provis?
ions of the constitution in relation
to the rioht8 ?f married "women. ?
Section 1. Be it enacted by the Senate and i
House of Representatives of the State of South j
Carolina, now met and setting'in General As?
sembly, and by the authority of the same :
That the real and personal property of a mar?
ried woman, whetner held by her at the time
of her marriage or accrued to her thereafter,
either by gift, grant, inheritance, devise, pur?
chase or otherwise, shall not be subject to levy .
and sale for her husband's debts, but shall be
her separate property.
Sec. 2. A married woman shall Have power
to bequeath, devise or convey" her' separate
property in the same manner and to the same
extent as if she Were unmarried; and if dying
intestate, her property shall descend in the
same manner as the law now provides for the
descent of the property of husbands, and all
deeds, mortgages and legal instruments of what?
ever kind, shall be executed by her in the same
manner, and have the same legal force and ef?
fect as if she were unmarried.
Sec. 3. A married woman shall have the
right to purchase any species of property an
her own name, and to take proper legal con?
veyance therefor, and to contract and be con?
tracted with in the same manner as if she were
unmarried: Provided, That the husband shall
not be liable for the debts of the wife contrac?
ted prior to or after their marriage, except for
her necessary support.
Sec. 4. All Acts and parts - of Acts in con?
flict with the provisions of this Act are hereby
repealed.
Approved January 27,1870.
an act to provide for a general election
of county officers.
Section 1. Be it enacted by the Senate and
House of Representatives of the State uf South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same,
There shall be a general election for the elec?
tion of the various County officers (elective)
held in each County on the third Wednesday
of October, Anno Domini one thousand eight
hundred and seventy, and on the same day fin
every second year thereafter, the officers other?
wise provided for in the Constitution of the
State excepted.
Sec. 2. That the present County officers shall
?continue to perform the duties of their respec?
tive offices until their successors shall be elec?
ted and duly qualified.
Sec. 3. That all Acts or parts of Acts incon?
sistent with this Act are hereby repealed.
Approved February 14, 1870.
an act to provide for the construction
and the keeping in repair of public
highways and boads.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by authority of the same, That all
able-bodied male persons, and all male persons
able to perform, or cause to be performed, the
labor herein required, between the ages of eigh?
teen and forty-five vears, shall be liable annu?
ally to perform such days labor on the public
highways and .roads as shall not exceed tea
days, in one year, under the direction of the
Commissioners of the County in which he shall
reside: Provided, That if any person being
warned as hereinafter provided, shall pay to
the County Treasurer of the County in which
he may reside the sum of one dollar per day,
after being notified by the Commissioners, the
same shall be received in lieu of such labor, and
shall be applied by the said Commissioners to
the construction and repair of highways and
roads in the precinct to which they belong.
Sec. 2. It shall be the duty of the Commis?
sioners of each and every County in this State
to order out every such person, resident as
aforesaid, between the first Monday in De?
cember and the first Monday in August an?
nually, to do and perform the work aforesaid
on the public highways and roads in their re*
spective Counties; and if any such resident,
being personally warned by s?ch Commission?
ers, or by having a written notice served atr*his
place of residences shall refuse or neglect, hav?
ing had at least three days' notice, to attend by
himself or substitute equally able to perform
said duty as himself, or, having attended shall
refuse to obey the directions of the said Com?
missioners, shall, upon conviction threof, be
fined by the County Commissioners, in a sum
not less than five nor more than fifteen dollars,
the same to bo collected as other judgments*
Sec. 3. In case any person shall remove from
one County to another, who has, prior to s?ch
removal, performed the whole or any part of
the labor aforesaid, or in any other way has
paid the whole amount aforesaid in lieu of such
Labor, and|shnll produce a certificate of the same
from the Commissioners of the proper County,
uch certificate shall be a complete discharge
for the amount therein specified.
Sec. 4. Any person called upon to perform
any labor upon the public highways and roads,
under the provisions of this Act, shall by him?
self or substitute appear at the the place ap?
pointed by the Commissioners at the hour of
eight o'clock in the forenoon, with such neces?
sary tools and implements as the Commission?
ers may direct; and the Commissioners, may, if
necessary for the construction or repair of the
highway or road, order any person owning the
same to furnish a team of horses, mules or oxen,
any wagon, cart, plow or scraper, to be employ?
ed and used upon the said highway or road un?
der their direction.
Sec. 5. For the purposes provided for under
the preceding Sections of this Act, the resi?
dence of any person who has a family shall be
held to be where his family resides, and the
residence of any other person shall be held to
be where he boards, in any County in this
State.
Sec. 6. In all cases a man, horse, plow and
cart, shall be equivalent to three days' labor;
a man, wagon and two horses shall be equiva?
lent to five days' labor; and so in proportion
for all teams aud wagons used by ana under the
directions of said Commissioners. And the
County Commissioners are hereby authorized |
to appoint Sub-Commissioners in each Town- L
ship, to superintend the repairing of roads and |
highways in the different Counties of the State.
Sec. 7. That all Acts or parts of Acts, in-1
consistent with the provisions of this Act, be,
and the same are hereby, repealed.
Sec. 8. That this Act shall take effect imme?
diately after its passage.
Approved March 1,1870.
an act to provide for the appointment
of trial justice8.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly and by the authority of the same, That
the Governor, by and with the advice and con?
sent of the Senate, shall, from time to time, ap- j
point and commission in the several counties of i
the State, a suitable number of Trial Justices, j
Sec. 2. Such Trial Justices shall be distribu-,
ted as the convenience of the several oouritioe
requires, and the number in commission shall
not exceed, in Abbeville,' nine; Andeison/six
teen; Barnwell, ten; Beaufoft/ten r Charleston;
twenty-four; Chester, eight; Clarendon^ :ai*|
Collefon, ten; ^Chesterfield, four; Darlington,
eight; Edgefield, eight; Fairfiehl" eight/Gecr?e
town, irVtr; Greenville, eight; Horryl VixYlte?
shaw^-six-j?Lanciisterifour;? Lautete', ftve|Lex?
ington, seven; Manon,.>arxi; .'.Marlboro,). -six{
Newberry, .seven; Oconee, five ; Orangeburg,
sevens Pickens, iive ; Richland, eight; Spartan
burg, twelve; Sumter, eight;. Union,' eight;
Williainshurg, eight; York/ eight. ' ? *Z'J
Sec. 3. Trial' Justices sha? be commissioned
and hold their offices for the term, of two years,
unless sooner removed.by the. Governor. J&jk
Trial Justice .changes his domicil, and removes
therefrom the"distanc<} of thr^ niiles, lusan
thority and jurisdiction :as such Justice shall
thereupon cease, and .-mother Trial Justice may
be designated and appointed at his place.
Sec. 4. The Governor is authorized, to sus?
pend from his office; for such causes' 'as."to
him shall seem just, any Trial Justice,^iancTt?
designate another person to: perform the duties
of such suspended officer (wno, in turn, may be
removed and another designated,)'and he.siaTl
report such suspension to the 'Senate, together
with the name of the person designated by him
to perform the duties of such suspeuded officer}
ana if the Senate confirms the person so desig?
nated, the officer suspended shall be regarded
as removed," and the vacancy duly filled"; 'but if
the Senate refuses to confirm Em, tEe suspen?
ded officer shall be restored to his office;
Sec. 5. This act shall take effect on and af?
ter the first day of May. next, but . theTtiaJl
Justices herein providcd for may be' appointed
and commissioned prior to that 'time, to entof
upon their duties on and after that day, and on
and after the said first day- of May the office of
Magistrate is and shall be abolished..
Sec: 6. "That during the Vacatibjn; of the Sen?
ate, the Governor is anthorized to ap^ihtTriat
Justices, subject to the appro valof the-Sen ate,
to act, unless sooner removed*, by him, till the
end'of the next session." !? not approved by
the Senate, said appointments shall cease at tho
end of the said session.
Approved February 28, 1870. ;: " :s>
? ? ? "k- 'sitA ?.???? bsM .?-rim
AN ACT TO amend AN ACT entitled | "AN AOtJ
TO provide FOE THE appointment OF A
LAND commissioner, AND TO DEFINE ~hi3
powers AND dtjties," JLND FOB oth1IR PtTB
p0se8 therein mentioned.
Section 1. Be it enacted hf the Senatcr'ancf
House of Ecpresentati ves of the State of South
Carolina, now met sitting in General Aiisembly
and by the "authority of the same. The Treasu?
rer of the State is hereby authorized and direct
ted to issue to the. Land Commissioner bonds
I of the State, in tue sum of five hundred thous?
and dollars, with coupons' attached, if in the
opinion of the Advisory Board , so much be
necessary, bearing six per cent interest; th^p
principal payable within twenty' years, "at the
Financial Agency of this State' -in-the city of
New York; the.bonds-to be signed by tlie Gov?
ernor and countersigned hy- the Treai urer of
the State, and the;Coupons to W signed .by the
Treasurer of the State; which bonds shall be
negotiated in such foraa and manner asiicAd
viaory Board, by a majority? of votes, slialLde*
termine. The faith and;credit of the State, is
hereby pledged to the payment of the principal
and interest of said bonds; and a sufficient
amount of taxes is hereby levied'to pay the in?
terest accruing on.s?id bonds%nnually^ i 'lvc'la
sec< 2. The Land Commissioner shall be
subject to the action of a majority-of the Boajrd,
and any purchase or sale of property made mQi
out their advice of consent shall noi bfe valid;
Sec 3. That no purchase shall be made with?
out the certain knowledge of the Commissioner
that he will be able to sell the same without de?
lay* 1 ;
Sec. 4. That all Acts of parts of Acts incon-7
sistent with this Act be,'? and are hereby,' ise*
pealed, - ? ' ' .>.-.- ??-?^ -H fcil
Approved March 1, 1870.
AN ACT TO LIMIT THE COST OF CRIMINAL ?OS3
ECCmONS. - ?.
SECTIOS 1. Be it enacted by the Seni.te'and
House of Representatives of the State of South
Carolina, now met and sitting in General As*
sembly, and by theautaortiy of the.same, Thafj
in no case shall the fees of more than thiee wit
nessess be'taxed against the State in tnec'simina^
tnn of criminal cases, before Trial Justices' or
Magistrates' Courts, unless their materiali ty and)
importance shall be ceitified to by tbe-Solicitox
for the circuit in which, the examination shall
take place. ' .; _
Sec, 2. No Trial Juftice of Magistrate shall
be paid fees for binding, over more than three
witnesses, in one criminal case, to app<?axj>e>j
fore the Court of General Seasons, ?uloss the
Solicitor for the circuit shall certify * their mip
teriality and importance,
Approved February 28,1870* wyj
an ACT prohibiting THE PEDDLtSG OF AR?
dent spirits throughout THE STATE.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of South'
Carolina, now met and sitting in General As
sembly, and by the authority of the same, That,
from and after the passage of this act. L shall,
not be lawlul for any person, or persons, to
peddle ardent spirits in any county in this
State.
Sec. 2. That any person or persons, viola-:
ting this act, on proof to conviction, shall he
deemed guilty of a misdemeanor, and subject to'
{>ay a fine of not more than .five hundred .dol;
ars, or imprisonment for ~notft more4- thin 'one*
year, or both such fine arid^-imprisonment, in
the discretion of the court; and-.everybodyeo
convicted shall forfeit all such spirits, the same,
to vest in the count)- ': and if thenne be paid,.c?f
spirits forfeited^ ohe-hatf thereof shall be paidr
to the informer.
Approved March 1,1870.
-[?? i - -
Death of Pierre Soule.--A irief tele?
gram from New Orleans on Saturday announc?
ed the death of Pierre Soule, 'aged sixty-nine
vears. Mr. Soule was distinguished for impos-*'
sioned oratory and an adventurous career. He
was born at Castilion, in the Pyrenees, during
the first consulate of Napoleon, His father hav?
ing been a lieutenant-general in the republican
armies of France. In his youth; Pierre Soule
was destined for .the church, but went into poli?
tics in early life, and was active in. the conspi?
racy against the Bourbons, which resulted in
imprisonment. Escaping from confiement he
embarked in journalism/ went to -?hili,:antl;
finally turned, up in Baltimore, where he trrivv
ed, from Portau-Prince, in September, 1825.
In the same year, he removed to New Orleans,
adopted the law as his profession, rose to dis?
tinction by his talents and eloquence, and waV
sent to the United States Senate in 1847 to fill:
a vacancy*; He was re-elected to the. United ;
Statcs Senate in 1849, aud was prominent, du?
ring the political agitation preceding the hue
war. For some years past he had ueenr bnpV
lessly insane.-1-Baltimore Sun. \ ;?"
-.?,-^_-~?.
? The New. York Masons are to erect an tsfy
lum for aged Masons and orphans, to cost
$500,-000

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