Newspaper Page Text
VOL. I....NO. 7a.
CHARLESTON, S. O., SATURDAY, NOVEMBER 4, 1861
PRICE ErVTT! nvhrr
THE STATE LEGISLATURE..
[moil oon BPEcrAL CGBBMroKDEST.]
Columiiia, November 2.?The lime of the Senate, to
day, was Hpf nt iu a loug debate on the report of tho
Conmittce with regard to tlM Governor-? veto, lu which
mont or the member* took part, either yesterday or to
day. Tin; subject, however, is uow set at mt by n vote
having buen tuken, hu staining ?W report. That renpeot
ablc body of grave and reverend Seignors can uow nit iu
quiet dignity and wait f >r work to be sent to then? from
tho Hotlfle. Fr"iu present appearances, they will not
enjoy their comfortable easevery long, for very noon
work enough wil! lie sent to them to natiefy the mo."t
iudustrious member of that body.
A motion was made to-day in the House to elect an As
sociate Justice of tho Court of Appeal?; but aa Chancel
lor Duhki?; has uot yci accepted the position to which
he has been elected, no vacancy exists, and the motion
was consequently lo.it.
Tho resolution with regard to the election of a Chnn
cellor was laid ou the. table.
Mr. Campbell wished to kuow If nuy provision had
been made for payment of Judges in esse, before consid
ering the matter of Judge* in ?>osse.
A bill to amund the charter of the Elmorc Insurance
Company was sent by the Sonate to tho House, and read
for tho tiret timo.
A message was received from the Souatc, stating reno
lutlons passed yesterday against adjournment.
An unusual petition iu this State was presento?! to.
iluv, A m.)ii by the namo of Kruse, who Geu. MeGowiui
says was his Secretary during the war, and who, the
tiener.il save, Is a kind, pure-hearted Ucrmnu, petitions
tho Legislature to grunt him a divorce from his wife. If
one-half of the statements mado iu the petition uro
true, tho man 1b richly entitled to what he asks. Tho
woman was uot only unfaithful, but boasted openly of
her iufidelity, using language grosser even in ?bought,
than in words. The matter has beeu referred to b Com
A bill to perfect testimony with regard to lost records
was rood fur the first time,
Mr. Keitt offered resolutions to refer to Military Com
mittee ou expediency of reorganizing militia and tPt.il>
lishing'u police in oach District, subject to tho District
Clov. Bonham ottered resolutions to inquire into expe
diency of covering the new State House with u roof mid
living the interior for a place of meeting of the two
Houses of the Legislature.
Pursuant to notice, Mr. Cofcer introduced n bill to
create the office of General Superintendent of Free
?Schools, to be elected bj tho Legislature.
A bill to amend the charter of the Coikoun Insurance
Company was read for tho first time.
1'ursuant to notice. Mr. Moore Introduced a bill lo re
strain coufcMio&S of judgments and auenuettte in favor
of preferred creditors.
A resolution was offered by Sir. Mike!;, "f Charleston,
In relation to pleadings, so as to expedite the business
of tho Circuit Courts, which was referred to the Judi
Mr. Del'ass otTercd a resolution that the Committee on
Military Affair* reporta bill for the immediate organi
zation of the militia of this .State.
It being evident that the motion ofiVre-l by Mr. De Pass
had opened the eyes of the Legislature to the fact that
It had pronounced a wrong judgment on a constitutional
question in the matter of General Gailingtm, and it be
ing also known that tho matter haiiug been referred
back to tile Committee on Privileges und Oectloue, they
hod taken the opinion of the law officers of the State, and
would report thut, though General Gurlington was u sal
aried officer, still under tho Constitution, asa militia of
ficer, he was entitled to a seat in the House, Mr. Barker
offered u resolution that it bo referred to the Commit
tee on tho Military to make the salary of Adjutant and
Inspoctor-Oeneral commensurate with the importance
of the State as a military power.
Tho General Orders having beon taken up, the resolu
tion of the Committee on Federal Relations with regard
to the removal of negro troops was agreed to.
The resolutions of CoL Wagoner to adjourn were then
Col. Wagener said that tho extra session had been
called by tho Convention for specific purposes. The
members have como hero not propared to stay, some of
them without changes of clothiug.
Mr. Haskcll said that the private wants of individuals
was a matter which each man should decide for himself.
There arc many matters which should be considered.
The Negro Code hod been reported by an able commie
nion, and is In tho huuds of the Judiciary Committee.
When that code is reported, which will probably be in
tho early part of next week, tho Legislature will have
work for several weeks. The militia laws and other
matters are of vital importance. Until tho code is passed
we cannot have a complete restoration of civil law. If
the negro code and militia lawa are not passed before
Christmas, there will not only be no contracts, but there
will be danger, not of war, but of bloodshed in every
Mr. Dawkins said that if he consulted bis own conve
nience he would be la favor of the resolutions, but in
the present condition of our affairs?the most important
since the adoption of the Constitution of 1790? personal
considerations should not be regarded. The adoption
of these resolutions would be now disastrous. There is
a feeling of deep antagonism between the negro and his
former master. He will not make contracte. Many of
them are looking forward to a division of tho lands.
That we should pass tho laws under consideration is de
sirable, for the negro and desirable for the white man.
-Ho was delighted at the message of tho Senate, declaring
that matters of great public concern required that the
Legislature should continuo in session. The Committee
on the Judiciary were in session from 9 A. M. to 10 or
11 P. M. They have Invited tho Committee of the Sen
ate to unite with them. The two Commttees are pro
ceeding most harmoniously, and are endeavoring to
. perfect a system. They hope to report two of three bills
early next week. Ho asked If it would not bo unjust to
the country and unjust to ourselves to adjourn. It has
been said by an eminent ancient writer that he who bo
gins a work has more than half completed it.
Mr. Warley move.l to amend the resolution by substi
tuting, after tho word resolved, "That it is tho sense of
this House, that tho good of the State demands that the
session of the Legislature should continue until the
legislation so much needed is completed."
Mr. Head thought that tho Committee on the Judicia
ry could be left hero to perfect their work during the
Mr. Warley thought that wo were in danger of Insur
rection without tho passage of those laws. There are
widows and orphans now. but there will be many more,
and the State, now in sabio, will bo in sackcloth.
Mr. Trescot suggested that Mr. Road proceeded on the
?opposition that there was nothing before the House
except what was before the Judiciary Committee; while,
on the contrary, there is enough work to keep the body
together for three weeks, without touching that matter.
Mr. Simonton moved to amend tho amendment, by
substituting, that the Legislature take a recess from
Mr. Campbell said we have not considered fully the
question. He thought It a great mistako to couauit pri
vate convenience against public interest. He did not
-agree with Mr. Warier. Ho thought there would bo no
danger of catastrophe; bnt if there were, tho passage of
these laws would uot protect us against it. He confessed
that he felt great obligation to tho negro race for their
voonduct during tho last four years. They knew well
what would be their condition, in caBC of our success,
Still thoy clung to us faithfully. He repeated that he
old not fear a catastrophe. But could the mere enact
ment of paper-laws protect us, or provont it, except
what we aro permitted to enact by a conqueror, under
whoso iron heel wo are. Have we any laws? Is it not
better to do nothing, unless wo aro c?rtala that our laws
will bo accepted ? There Is sometimos great strength iu
inactivity and in doing nothing; and a groat British
V tatesinan has said that inactivity is a masterly power.
Wo talk of legislating, and wo know that it U merely
experimental. Wo aro dependent on the kindness of a
-single man, who is sacrificing certain strength by stand
ing as u breakwater between us and irreparable ruin.
Wo are in a stale of transition, and should wo sacrifice
what we already have, by hasty legislation ? Up to the
present timo we have done nothing really objectionable,
and wo should do nothing to imperil the good hope that
wo have. Docs not sec how enactment of tho Code will
remedy the feared Impending danger.
After some other debate, the whole matter was laid on
TnAnn Art.?In Birmingham a great deal of japanned
waro is made'for foreign markets, and it is a curious and
interesting study to notice tho various styles of art most
popular, tor Brazil tho most saleable ornament is a
shield surmounted by a crown and oncirclod with coffee
bprrles. For South Amorica bright gaudy colors oro
mostly in demand. Iu Spain tho most favorito orna
ment is the representation of a bird. It would seem
that the artists aro not particular in following out the
plumage of tho birds thoy roprcsont ; the colors must bo
Saudy, and the Spaniards cannot but be Impressed with
lio spoclmons of their ornithology. Do these specimens
of tholr embellishment most indicate tho taste of the
place where they are prepared, or that of the market to
which they aro sent ?
The following Message from Governor Perry wan
sent luto the Legislature, Octobor 28, accompanying the
subjoined report of the Hon. W. II. Tr?hcot, agont of
tUe State, at Washington :
OOV. PERRY'? Ml?8SAOE.
Executive Department, fi. C.,)
October 26, 1863. f
To i.'tc lionorablt tkt Scnatt end
Honst of Reprutniat?rtl :
Gentlemen : I iinvo the pleasure of oommnnlcallng
to you the very satisfactory report of tho Hon. Wni.
Henry Trcscot, Agent of tho State, at Washington, in
reference to abandoned lands and pardons. Hfn mission
has been eminently successful. He found the President
and Ot'ii. Howard, the head of tho Freedmen's Bureau,
dUposed to do justice to tho proprietor* of abandoned
lands, as will bo fully seen by bin report herewith seut
you. It is to be hoped that tills unfortunate class of our
lellow-citizens will hoou bo onco more ..restored to the!'
homes and possessions.
On the subject of pardons, Mr. Trcscot found the
President hind and accommodating. Hut grent delay
must necessarily attend tho issuing of pardons, whero
thorn are so many thousands of applicants. It would bo
well for our citizens to be quiot and bido their timo in
relation to the moving and action on their applications.
When the ? is any urgent necessity for the isBiilng of a
pardon ^.ud it is brought to the view of tho Prcsnleut,
no wiO ?ive such application pwcodeaca over others.
Air with reference to this matter and the interest of
p? prictors of abandoned lands, it would bo well to con
tinue the agency for the present. There are a great many
questions arising where it would bo a great convonionco
to the Provisional Governor, and the people generally,
to have un agent at Washington, to present matters (hero
to tho President, head of Departments, and the officials
of the different bureaus, nnd give the necessary informa
tion which may be desired.
I herewith send you tho report of J. Ralph Smith,
General Superintendent of the State Works at Green
ville, showing the amount of public property In those
works, and the estimated value, of the same. It will bo
of great service to the Commissioners who may bo ap
pointed to sell or dispono of theso works. Tho total cost
and expenditure of the State on theso works have been,
in Confederate money, $.007,800.29. Tho present esti
mated value, in Federal currency, is $72,00U. And it is
altogether probahlo that the property will not realize
that amount. D. F. PEltRV".
REPORT OF SIR. TRESCOT.
Columwa, October 21, 1805.
2*<> 7/?.s- Excellency ?). h\ Perry, <fc, ?fie, tCc.
Sin : The Convention of the State having passed, at its
recent, session, the following resolutions :
1. Attotttvtf, That tho Provisional Governor is hereby
authori/.ed and empowered to appointa competent Agent
to Washington, to ascertain from the President what is
the condition of the lunds called "abandoned lands" in
this .State, and how long it will be before owners of such
lundi will be restored to the possession of their property:
i>ud to act as the Agent of the citizens of this Stute, In
their applications to the President of th? United States
for pardons, and for tho restitution of their, real nnd per
sonal property ; and also as Agent of the Provisional
Governor of tola State in all matters which he may de
sire to brin? through Buch Agent before the President or
other officers of the United States Government.
2. Rttolvtd, That it shall bo tho duty of the aforesaid
Agent to report fully all his proceedings, and all the in
formation he may obtain in regard to matters entrusted
to his charge, to the Provisional Governor of the State,
in order that Uie same may bo laid by him before the
Legislature at its present session?
You wcro pleased, by 3-our appointment, to cnll me to
the discharge of these duties, and I have the honor to
submit tho following report of my proceedings in execu
tion of your instructions :
Upon reachiug Washington I found that some of tho
questions touching th?se important interests of the Suite
hud been brought to tho attention of thu Government in
special cases. Theso cases had been urged upon the
proper department with ability and activity, but the de
partment had declined acting upon them until tho
Government had decided upon the general principles in
As fur as the action of the Government of tho-United
States, during the lato civil disturbances, is concerned,
the lands in this State may be divided into three classes.
1. Tho lands taken and sold under the provisions of
tho Tax Act of June 7th, 1882, with its amendment of
February 6th, 1803.
2. The lands styled "abandoned lands" in tho Act
creating the Freedmen's Bureau.
3. The lands Bet apart for occupation by General Sher
As to the first class, I felt that the questions involved
were of so grave and complicated a character, that im
mediate relief was scarcely to bo expected-, and, as the
Attornoy-Gcneral, the chief law officer of the Govern
ment, was absent from Washington, I deemed it best not
to ask their consideration until the others had been dis
posed of. The only step with regard to these lands
which. I have token, was to apply for a list of all property
bo sold, which I will publish as soon as received, for ,
general information. Believing that the legislation under
which this property has been sold cannot be sustained,
and that at any rate relief con be afforded in these cases
where tho Government was tho purchaser, I deem it .
proper at present merely to suggest to the parties in
terested, such consultation among themselves and con
ference with the Ageut of the State as will enable him to
tuko the necessary ?tops. This is tho more promptly
required, as the residue of such property remaining un
sold has been advertised for sale on the Cth December
As to the other classes, you arc aware that, by the Act
creating the Freedmen's Bureau, and subsequent orders,
all the lands in the Southern States embraced in the term
abandoned lands" used in that Act, were turned over
to the officers of the Bureau for distribution among the
loyal refugees and the freedtuen of the "Insurrectionary
States." By Circular No. 15 the President, however,
limited, to a very great extent, the disastrous conse
quences of this enactment. By that order, all persona
who had recolvcd spoclal pardons, and all who, under
the provisions of the general amnesty, had taken the oath
of allegiance, were allowed to recover the possession of
their lauds. But a doubt having arisen as to whether
that portion of these lands embraced in General Sher
man's order, and lying on the scacoast of Carolina,
Georgia and Florida, was subject to this provision for
restoration, the further order, No. 45, was issued, in
structing General Howard to make the arrangements,
and extend tho orders necessary to their restoration. At
present, therefore, all the lunas in the State served by
the United States Government, oxcept lands taken and
sold under the Tar Act, are to Be restored. The "aban
doned hinds," not included in General Sherman's order,
will bo recovered upon application to the Commissioner
o? the Buroau in the State, upon proof of pardon, either
special or genoral, under tho amnesty proclamation ; and
the lands included in that order will be restored by ap
plication to the officer assigned to that special duty. The
orders to carry this decision into effect will bo forward
ed to your Excellency ub soon as I roceivo the official
It is not necessary that I should report the various
conversations which I had tho honor to have with the
President and General Howard. They wore confined
chiefly to tho discussion of tho mode In which the resto
ration could be effected, with reference both to tho obli
gations which the Government had assumed towards the
freedmen, and to tho rights which the Government re
cognized In tha original owners. It is proper for
mo to say, that I found General Howard most anxious
to do justlco to all the interests concerned; that, In the
whole discussion, his object appeared to be to aid in the
speedy organization of the new relations of labor, and that
he was fair, considerate and kind in his recognition of
tho difficulties in tho way of the planters of the state,
and the spirit in which they wcro endeavoring to moot
them. There were some impressions upon General
Howard's mind, and eomo expectations as to the practi
cal working of the new system, with which I did not
agree. But as tho experiment commenced with tho re
storation of the lauds, and was evidently a sincero effort
to adjust conflicting claims, I am satisfied that it is both
tho Interest and duty of the State to co-operate cordially
in the endeavor. The President having intimated that
he thought it advisable that I should meet General How
ard again, during his visit to tho State, I roturned to Co
lumbia, and had tho advantage of further consultation.
I hopo to meet him again before he returns to Wash
ington, when he has made a further examination of the
actual condition of tho freedmen, and tho practical work
iug of the system hitherto pursued. Hy that timo I also
hope that the Legislature of tho State will, to some ex
tent, indicate our own vlowa of these now and difficult
questions. AU that I deem it nocossary no k to say Is,
that whatever may be our own opinions, wo ought not
to forgot that tho action of tho administration Is watchod
with jealous hostility, especially on all theso subjects, by
a large and powerful party in tho United States; and
that with our property r<rst<yed and our rights recog
nlzod, it Is only just that we should afford every assist
ance to the Government in reconciling this discharge of
its duty to u? with its obligations to tho rest of tho coun
try. Although it is impossible to reconcile tho existence
of such an institution as tho Freedtuon'e Bureau with
the ordinary action of our political system?and although
it is clearly an lntorforanco with subjocts of purely do
mestic concern, yet I am sure it can not at present safe
ly bo dispensed with. Without some agency, which
shall represent tho Government, it would uot at this mo
ment bo possible, in many seeMon*) of the .State, either
to re-establish the owner? of lai * ..: their rights, or to
make any arrangement for tbaignewaj of liVior?and
while, there have boon great abi*?\ ' ". ibe administra
tion of this Bureau In corta in to?. > f'.i ?, : r.r.i warranted
in assuring you that theso nbUBe**VUl b-? corre ted, and
tho policy of the Government ll n -'.v enforced.
With regard to tho subject of pardons, the action of
(he President is tho literal fottuscnt 01 hi? profession,
that he would rather pardon twenty than refuse one."
and ho oxpressod to mo his rcadinosa to give immediate
consideration to auy cases Which the State deemed of
special importance to her industrial interest*. The re
storation of the lands lu tho lower part of the State to
those who have been psrdoned renders the early issue
of auch pardons a matter of great Importance to "a large
class of our citizens. But with evory desire on the part
of the President to extend the benefits Of executive clem
ency, tho growing and cnormoun LCOttUiulatlou of appli
cations and the unavoidablo delay In the passage of par
doD.'i from ono department to nr. iher. In order to their
formal execution, renders it aim? si impossible to impart
tho iimncdhito attention which the Interests ot the Stutv
requins. If the State Agent is expected to ttive especial
attention to Individual application foe pardon, lie will
need tho Rervicesof an efficient clerk,and mast establish
an offlco iu Washington.
Ah the appointment by y<-> ir Excellency, under the
authority of the Convention, was limited to such a peri
od as would permit legislative action, it will bo for the
present Legislature to decide whether the agency shall
be continued. Should the admission of Senators and
Representatives from the Southern States be long delay
ed, I am satisfied, from my observation, that the inte
rests ol tho Stato will require the presence of an author
ized agent in Washington. Of tus probability of this
contingency the Legislature must judge.
I cannot conclude this report without expressing hi
your Excellency, and through you to the Legislature, my
profound sense of what this State owes to the wisdom
and courage of the President's policy. It has saved US
from destructiou that would have been aj rapid a-s it was
In the readiness witti which T was permitted to lay be
fore him your Excellency's suggestions?in the consider
ate attention giveu to the Interests I was instructed to
represent?in the just and kindly appreciation of the dif
ficulties with which the State was surrounded?iu the
judicious policy Which General Howard was authorised
to pursue. I found still further evidence of that sincere
desire to aid the Stato in her trying position, which I feel
it my doty thus gratefully to acknowledge.
Respectfully, WM. HENRY TRESCOT,
[ma Tin.; ouantdtsroM tiAicr news.]
THE DISTRICT; CO CUT?.
The Convention, in framing the nerv Constitution,
provided, in Section 1, Article III, that "the General As
sembly shall, as soon as possible, establish, for each Dis
trict in the State, an Inferior Court or Courts, to be
styled the District Court, the Judge whereof shall be
resident iu the District, &c- which Court shall have
jurisdiction of ?11 civil mute wherein one or t?t!t the
partit? are persons of color; sd of (" criminal catet
tokcrtin (he accus?t is n }>i-rse:: nf color; jtwi the General
Assembly is empomtre4 to crt<":^ ' : jur'.c UttOtn of the mM
Cvj.ri to other subjects."
This is a new and novel Court to ' : established, aud
one of vast importance. Its oi-ipnieation and Jurisdic
tion should bo most thoroughly considered, in every
aspect, beforo adoption of uu." rides. Shall the said
Court have its jurisdiction, a 'first, extended to other
subjects than those cuumerute? in the Constitution ?
It would seem that to adjudicate matters wherein per
sons of color are concerned, would give full occupation
to any Court, l'or n while at Iras*-., In their demoralized,
aud soon to be disorganized, cjudition. Colleton Dis
trict has 19,000 blacks sud bu' 0000 whites; Beaufort,
19,000 blacks and 7000 whites; Orangoburg, 10,000 blacks
and 13,000 whites; Abboville, 12,000 blacks aud 11,000
whites; Kichhind, C00O blacks an? 7000 whites: Marlbo
rough, C000 blacks and ,"i000 wlu'-ea. and Chester C000
blacks and 7000 whly>?. '.MKii.* ?.bou?tha p.-.t?>rtionlu
th<> state, ?mi nuj court will have full employment to
adjudicate all the cases wherein blacks are concerned,
however continuous their sessions. But it is difficult to
eee how the jurisdiction of this Court can extend to other
matters, if it is designed to hove u less number of jurors
than twelve. Section 7, Artielo IX, of the Constitution
provides that "the trial by jury, as heretofore uifrftn this
State, shall be forever inviolably preserved" in all other
cases, except iu those of negroes and debts "small and
mean"?every party have the right to have his ease tried
by a jury of twelve of hU peers ; and the clause just cited
"inviolably preserves" that right to any party to a suit
who muy so demand. One part}- or the other to every
suit will so demand. Belter then make the jurisdiction
of the District Courts extend only to the adjudication of
all causes wherein blacks are concerned.
What part in the trial of a cause shall the Judge take ?
In the trial of negroes, heretofore, in this State, a mag
istrate and five freeholders constituted the Court, heard
tho cause in cases of crime, and the Court, acting as
Jurors, including the magistrate, decided the case. It
was an auomalous proceeding. It would seem to be
better for the Judge to decide points of law, admiesi
bility of testimony, construo statutes, sum up before the
Jury the points and testimony made, then leave the jury
to decide?in a word, take the same part as Judges of
the Courts of Common Pleas and General Sessions do in
cases tried beforo the Circuit Courts.
Should the Judges of said Courts be showed to prac
tice law in the Superior Courts of the States ? If the ju
risdiction extends only to persons of color, then surely
there can be no gond reason to prevent tho Judges of
this Court from practicing in the Superior Courts; be
sides, if prohibited, no lawyer of any considerable prac
tice would accept the office of Judge of the District
Court, nuless the salary is to be higher than the State
ought to pay?t this time; and no man should be put in
this position except he has made the law his study?the
competency of testimony often troubles eminent Judges.
What a farce to liare a man not learned In the law to de
cide points of law and oompetency of testimonyl Courts
of Magistrates and Freeholders have long been a sub
ject of ridicule with the bar. An eminent Judge of this
Stato once said, after bearing an appeal from one of
these Courts, on the grounds of admitting improper tes
timony, "Of course the appeal must be sustained, for a
Magistrates' Court generally decides wrong on legality
of testimony." Volumes have been written on the sin
glo subject of evidence; and only those who have made
the subject their study can approximate doing Justice as
a Judge iu deciding on its competency. A new Court is
to be established, all its rides and regulations to be ar
ranged and codstrued, and its proceedings sy.itemized.
Men educated in the law are indispensable for this work
if done efficiently; if not well done, these Courts will be
a nuisance to the country, and mere puppets in the
hands of skilful lawyers.
To what tribunals shall appeals be taken from tho
The Judges of tho Circuit Courts have more to do now
than can ho accomplished. The dockets in many dis
tricts have not been cleared for more than ten years.
It Is a notorious fact that in some districts persons sued
for debt on plain notes or bonds, and who have.no real
defence, have appearances entered, and pleas put in, so
that the caso can got on the lssuo docket, whoro they are
not reached for adjudication for rears. This delay of
justice provents many creditors from trying to collect
then* debts by law. If appeals are to be taktu to the
Circuit Courts from this Court, the whole week allowed
for a term would hardly suffice to hear tho appeals in
some districts, especially if others than lawyers are to
be Judgos?for no case of importance would stop short of
the appellate jurisdiction, where the bar has a contempt
for tho legal knowledgo of tho presiding Judge; besides,
the cases could find their way up to the Court of Ap
peals any way. It Is deemed best, therefore, to make
this last Court theappcllato Jurisdiction m tho first in
stance. That Court certainly has moro time to consider
appeals than tho Circuit Judges?and fewer appeals
would bo taken, owing to the distance and expense.
How should proceedings as to prosecutions and de
fences be arranged in said Court for crimes? and what
should be tho whole machinery of tho Court?
Tho State wlU be compelled to havo a prosocutlng at
torney, for crimes, Iu each of tho District Courts; this
Is inevitable. Some form of indictment must be used,
end the evidence drawn out by some one, or crime will
go unpunished. Tho accused umploys an attorney, who
uses all his ingenuity in defondlng. Unless tho State is
similarly represented, she will stand but a poor chance
to puuish and prevent crimes. Then, again, what Is to
bocomo of negroes, charged with crimes, who are too
poor and worthless to employ counsel for their defeuco?
To every individual of this class counsel cannot bo as
signed, as in tho higher Courts, for it would in many
districts keep employed all the bar. Tho State must
pr?vido counsel for theso also, if thoy are to have a full
hearing beforo the Courts. These Courts, too, must
have Clerks?say tho Clerks of tho Superior Courts shall
net as Clerks of the District Courts; it would suit well.
They havo offices amply largo to preserve the proceed
ings and keep them properly arrunged?aro familiar with
making up dockets and kcoplng minutes of the Court,
drawing and arranging juries, &c. Tho Sheriff, too,
should lie the same who is Sheriff of tho Circuit Court,
and should keep similar books for coses of a similar na
ture a? tboae kept for tho higher Courts. They, too,
havo offices and plenty of timo to do all tho duties re
quired, olthcr themselves or by their deputies. Theso
officer? would have to havo pay for tholr sondeos pro
vided'for otherwlie than by co:its, linos and fees?for in
mont cases parties in this Court would never pay any
thing, bi ing vagabond? Then, what number of jurors
nliould constitute a panel to try a cause.'
In tho Magistrates' Court f..r the tri.i] of negroes, here
tofore, fl\e Jurors and the Magistrate ma;!.-up the Court;
and in arranging the District Court, it 1? supposed that
six jurors tor tho trial of ;i cause will be sufficient; have
twenty-four jurors summoned (breach Term?two juries
inipauucllcd, of :ilx (a. h, allow a limited challenge, and
let the majority of a panel render the verdict, which is
only signed by the foreman, M in the Circuit Courts. A
larger number of jurors would m.ik" it verv expensive to
th.'State, and exceedingly onerous on tlie people who
have to act on a Court which must sit so otteu.
All of these officers of the Court?Judges. Clerks.
Sheriffs, .furors, ami Attorneys for prosecuting crimes
and defending accused? must be paid by the State, and
lines and forfeitures and costs paid into her treasury
wh..-!-. collected. Negroes' interest* in crops could be
forfeited by tho Court to pay Hues ami costs, and the
Sheriff could attend to receiving from employers the
?amis and mUanundnrexeontiim?. Tal* and what amount
could be collected otherwise, would, to some extent, re
imburse tin; State treasury.
How otteu, and at what times, should the District
It would s:'om that four terms each year, quarterly,
to ait aS each tenu until Mia business prepared is com
pleted. WOtttd be sUraciCUt. Let the Judge in each dis
trict fix the times for tho regular terms as he may think
best, in order not to conflict with the Superior Courts, or
tmbirrass the officers of both. Tho Judge could, also.
call extra sessions, if, In his opinion, it became, at any
time, necessary. In Civil Courts, writs to he sued
out to one term and served ten days before, nnd the
cauno heard at the next, or continued, for good cause
shown. Six of the twenty-four jurors summoned, and
not iinpanneled. might act as (.?eneral Jurors, at each
term, clothed with the aune duties as those for the Su
perior Courts. Alt applications for bail, in eapitul charges,
ugalust negroes, be heard by the Judges; in other eases,
by the Magistrates, ns usual, who should act, In cases of
m'groes, for tho District Court, as they now do for the
Circuit Courts. The Clerk should be at ejtefa Commis
sioner of Bail, in civil cases, for said Court, with similar
powers oh now for the Circuit Court. In a word, all the
practice of said Court should conform, as nearly as pos
sible, to that of the Court of Common Pleas?the officers
of mtd Court having, auto negroes, similar Jurisdiction
aud powers as the officers of the Court oi" Common Pleas
and General Sessions have over citizens.
It is further suggested that the pay of the Judge and
other officers of tin; District Court should nut lie uni
form in every District in the State, but .should be grad
uated according to the number of negros* In each Dis
trict?according to the work likely tube required: lor
Instance, Picken-? his but 2.^00 negreen, while CoUc
tou has 19.000?of course, the Judge'for Pickens should
not bo paid m much as the one for Collcton; Lexington
has ?700, wblla Mnvlborough has COOi)?there could bo
no justice in paying the local Judge* at said Districts
equal sum-., while the one. liai? but little moro than half
the persons within his Jurisdiction than tho other. Say.
nay Judges in Districts of over 10,000 riexroes, twelve
hundred dollnrs; of (rom 7 to 10,000, one thousand dol
lars; 4 to 7000. night hundred ilollurs, and of under 4000,
si:: hundred douars?graduate other officers in same
Thus it will be perceived that the plan here sketched
proposes to couform the proceedings of these Courts, as
Mar ns possible, to those of the Circuit Courts. If any
thing like this nhould be adopted, it would be a source
of considerable expense to the State. But where a Court,
having exclusive original jurisdiction over nearly half of
the inhabitants of the State, now turned loose in* almost
a state of barbarism, Is to be organised, and their only
restraint, expense must be incurred for the safety of our
people. Let us not dwarf it to the level of a Magistrales'
and Freeholders' Court, which in many Districts did not
adjudicate n do/.cu casc:< in u year against slaves, their
owners generally settling difficulties without the farce: of
such a Court. Besides, it must not be forgotten ih.it
this Court will also have jurisdiction over citizens in
oases where negroc3 ore parties, by the terms of the Con
stitution, and should have the right and privilege of be
ing tried by Couats of character, and where they can
obtain adjudication of their rights according to law, from
the testimony brought out ancordiun to th? u?w of evi
dence Givo us, then. Courts which will conduct busi
ness according to law; Courts which will command re
spect, and not such abortions as those Military Provost
Courts which we have just had, where no laws or prece
dents were respected as to tho admissibility of testimony,
und cases Involving thousands decided with swift haste.
- - -??.
Necessities of the CHsrlesion People.
[f'rom a late Boston Paper,]
A public meeting was held in the Bedford-street
Churcn, last evening, under the auspices of the Ameri
can Unitarian Association, for the purpose of awaken
ing an Interest in the present necessities of the peoploof
Charleston, S. C. There was u good attendance of our
leading citizens. Hon. J. G. PaUIBT presided. After
prayer by tho liev. Mr. Foote, of King's Chapel, the
President introduced Rev. Calvix Stkboins, Missionary
of tho Association at Charleston, who made an address
concerning the wauts of the people. He ?cated that the
sufferings of the citizens were intonso. Many were in
wont of food, many of clothing, many of shelter. They
should receive aid immediately. A large portion of the
peoplo, he remarked, were obliged to depend solely on
the Government rations, which were absolutely unlit as
nourishment for the young, the uged, or the sick. It was
for us of Boston to aid them, and relieve their wants.
Mr. Stebbins eloquently urged the claims of this un
happy people upon our sympathies and our generosity,
and recounted many scenes of suffering which, during
his recent visit, ho had witnessed! At th? conclusion
of Mr. Stedoins' address the President read letters
from several gentlemen who had been in Charleston
concerning the state of affairs and the condition of tho
people of that section.
Rev. Mr. Thayeii then made some few remarks In re
lation to a visit which he made to that Southern city
some yearn before the war, and the impressions left
upon his mind. He urged that we should aid theso peo
Sle, although they had injured us to such an extent, and
ad been ao traitorous and proud-hearted,
liev. Mr. Rick, Pastor of the Circular Church,
Charleston, who bad boeu in that city as a pastor for
many yeare, and had been intimately acquainted with
the peop'.c and their ideas, wished to ask a question. He
wished to know if the old doctrine of John C. Calhoum
was entirely knocked out of the heads of the Southern
people; if the spirit of slavery was not still rife in the
hearts of those old aristocratic bloods; if he could go
back to that city and speak his sontlments? If he could
know that they were indeed humbled?if they would
give him free speech?then he would, to tho extent of
his means, gladly and quickly give them free bread. If
they were not in that condition, then ho would havo them
hunger a little while longer.
In reply, Mr. Palfuey made an eloqueul, earnest and
Christian address. He allowed thai Charleston had been
the centre of Southern opinion. There everything hate
ful, overytliing bud, everything ungenerous concerning
us, was founded. The Southern people had been edu
cated for two generations In two fanaticisms?hatred to
tho North and devotion to slavery. How much of this
feeling had been whipped out of them, he knew not. Tho
pride of Charleston may not havo been brought low, but
its power lias been broken. After Shebman's great
march, famine, misery, want of shelter and of clothing
followed. Thoy appeal to us for aid. Tho speaker would
make no argument on their repen^ince, only on human )
distress. There he would stand, and there be would re
main immovable. We should act the part of tho good
Samaritan to our once proud, but now humbled, suffer
A contribution was next taken up for the benefit of
these people, after which the congregation retired.
A Letter from Jefferson Davis.
"We give below, says the Louisville Democrat, a private
letter to a friend In this city, which was not for publica
tion, and which, thorofore, givoa the slncerost views and
feelings of tho author at the time. It Is plain that at
that timo Mr. Davis did not desire or expect disunion:
Washinoton, January 22, MM.
Dead Sin: I have tho pleasure to acknowledge yours
of the 27th ult. I am on the ove of a departure for Mis
sissippi, In obodlcnco to nor command, and In accor
dance with my own views of tho necessity of tho South,
To you I noed not say that the event is to mo a painful
one; but there remains to mo tho consolation that I have
failed In nothing that promised to preserve tho Consti
tution, and thus perpetuate tho Union as our fathers
made it. . .. _
[After some remarks on private matters, he adds]!
I hope Kentucky, the land of my nativity, will soon
Uko her pisco in tho Southern column. Tho union of
tho South can now alono preservo peace, and In tho
united strength of tho South is tho only hopo for juatlco
and a reconstruction of tho Govornraont upon a basis
that will secure the ends for which It was originally es
tablished. I Subscribed. |
Your friend, JEFF DAV?8.
A Provldonce paper, referring to tho outlandish and
utterly abominable words constantly coined by telegraph
operators, says: "The Associated Press pours a stream
of cold poison into tho English Innguago every morning.
Wo hear of buildings being 'burglarised' and lncendl
arizod,' of steamers 'colididlng' aud oil wells conflagrat
ing," and tho other day wo wore told that an actress ba<i
dobuted' with suocoB9l Thero ought to be a law against
v-'AJtll J. O.
PROCKKDINOS OF THE CITY COUNCIL,.
T,,? ... __. . .,. COT Hall, November 4, 18C5.
i^.u^i?^??1 *}'lT'\ ,,It,rt woro euinmoned for
installation,:.! I o clock. 1?. M.. ?hi? day.
Pr^?Tn h ?1- V"/"41"""1- ami Aldermen Ruvonel.
Pringle. Brown, Ear!.'. Hrnnll, Cameron Trenholni
Honour OAKesMarslnli, and WhlWeu-ia members. '
J "V r'.* rf? SSSf? V'n1 tl"% r'luru" of thu ?la?*
gersof City Elections, as follows :
Col. P.C. OA.ILLARD.
For Aldiiini u.
WAIID no. I.
WILLIAM RAVENEL. i JOHN G. MILNOR.
WAIU) NO. II.
THOMAS RYAN. | JAMES R. PRINGLE.
WAHD NO. III.
JAMES \V. BROWN. | JAMES P. EARLE.
P.. M. BUTLER.
WAKD NO. TV.
JACOB SMALL. I JOHN H. STEINMEYER.
ARCHIBALD CAMERON. ? AV. L. TRENUOLM.
w.ir.n no. v. m
.JOHN H. HONOUR. | /.. B. OAKES.
irAHD NO. VI.
M"OB EDWIN WILLIS. ? li. W. MARSHALL.
W'.Mlt? Nil. VII.
E. D. EN8TON.
w.inn no. vin,
W. o. WHILDEN.
Hon. Charles Kocbeth, hrf.,re administering the oath
of office, addressed the Major elect as follows.
Oil. O-'iliard: It gives me pleasure to congratulate vou
on your elevation to the Chief Magistracy of the eitv. It
Is a marked compliment at all times to be chosen as
May.r, but now when our city affairs are complicated
anil embarrassing and its credit ?runaircil l.y the rtisan
trous war which has but lately ceased, it is doubly no.
I sympathise with you for the arduous duties thai aro
before you, but at the sanie Unto I fool a confidence that
with the able and patriotic Aldermen which aro associa
ted with you, the rojgedneaa of your path of duty will
be much relieved. My fellow-citizens may congratulate
themselves on their selection of you. If there was ever
a period when tho Mayoralty of this city required a
nuui of ftrinnoM, manliness and honesty of purpose, it
is now, and with sincerity I assure you that I believe
you to be thot man.
Whereupon, Col. Oaflhml in a very appropri?t.' and
feeling manner responded.
Th" oath of office wsj luoa administered to the Mayor
The Aldermen Diet t were qualified by Hon. P. C. Oail
Inrd, Mayor, and took their Beats.
A'.dernian Bavenei gffered the Billowing resolution,
whi. h was adopted:
Ketufvrcf, That a committee of three, be appointed to re
port the unfinished buducss on Council journals at tho
next meeting of CountlL
The Mayor appointed the following Committee i Al
dermen Bavenei, Oakes and Marshall.
The following resolution was adopted:
Remlptd, That a committee of three be appointed to
report at the next meeting rules for tho government of
The Mayor appointed the following Committee: Al
dermen Trenhnliu, Hmidairaiul Drown.
On motion, Council adjourned.
W. II. SMITH. Clerk of Council.
Tribute of Respect. ,
At n meeting of the employees of tho United States
Quartermaster's Department, held at the Charleston Ho
?.-t last evening, Nov. 3d, 18G5, the following Preamble
and Resolurn.no. offered by Mr. FnKDEniOK W. MlLLEB,
of the Department, were >?wrdmously adopted :
The absence of oi:u to-night Win. was wont to SB
amnnsRt us in the sterner and light?? vn,im\af>f this
checkered oxisteuce, tells the unwelcome tale that Death
has been in our midst and borne away acholcnmomborof
our commercial and social circle?one who not only had
our respect and confidence, but our warm and earnest
affections?especially under tho circumstance of bis
severance from those "near and dear" to his no
ble and generous nature. Can we be othorwise than
touched? Can wo he otherwise, than moved by the
?ad ovent? No?unless we wero dead to those sus
ceptibilities that point to tho heart as something
more than a mere pulsating medium of vitality. Con
sequently, in tho sudden anil unexpected demise of
BENJAMIN A. RADLEY, tho lato efficient and accom
plished Chief Clerk in the U. S. Quartcrniastor's De
portment of this city, under the conduct of Llout. Henht
Haoeks, a real and heartfelt sorrow has como upon us,
that cannot be disguised. Nor would wo attempt a re
treat from those sentiments that follow the result. With
us, truly may It be Bald, "there Is a sigh in tho heart,"
and it is all for him who bas passed from bonce, in the
mid-day glory of his manhood, never to return and
gladden us, as of yore, with his pleasantry and charm
As ho lay still In death, it could but bo exclaimed:
How lightly ho sleepcth,
He cannot be dead ;
And yot his kind accents
Forever aro fled.
Tho truth Is upon us,
We know him no more,
As when in bis vigor
He walked us beforo.
But a few days ago
His spirit ?as free,
And silv'ry his laughter
As mortal's can be ;
We dreamed not bis Parent,
Abovo tho soft skies.
So soon would reclaim him,
And close blj blue eyes.
His nature was noble,
Bewitching his smile,
His voice fall of kindness,
His heart void of guile ;
And all toll the "tory.
He full was of worth
As any s?journer
That walks the broad earth.
Farewell to thee, eornrodo
Of sorrow and Joy ;
Thine now la a Ufe
Pure, tree of alloy ;
Whore nought can disturb thee,
Or break on thy ear,
That is not angelic.
And full of sweet cheer.
It is, therefore,
Resolved, Thst, in the death of Benjamin A. Radt.kv.
the United States Quartermaster's Department bas sua?
tained a severe loss in one who was always at his post,
ever ready, evor efficient in the discharge of whatever
fell to the grasp of his comprehensive mind.
Ruolved, That his follow clerks of tho department
will miss him at all times, and more especially when re
aulrement would rccourso to a gentle counsellor of tho
utles of the hour.
Resolved, That eoroest and sincere sympathy is ten
dered the respected parent suddenly called to this city,
aud tho offer of every assistance, calculated to alleviate
his trials; and that a copy of the proceedings of this
meeting bo handed to him, with tho request that ho will
lay them beforo the deceased's relatives and friends olae
Resolved, That tho proceedings of this meeting be pub
lished in tho Charleston papors and Now York Sunday
Morcury, and that wo wear the usual badgo of mourning
for thirty days, and thot a copy of the above be furnished
the family of the deceased.
On motion, the Hireling adjourned.
M. W. St. AMAND, Chairman.
J. R. Johnston, Secretary.
iff DATOHELORS ORIGINAL HAIR DYE!?THE
nd best In tho world I Tho only true and porfect HALB,
DYE. Harmless, Reliable and Instantaneous. Produces
immediately a splendid Black or natural Brown, with
out Injuring tho hah or sklu. Remedies tho 111 effects o
bad dyes. Sold by all Druggists. Tho genuino Is signod
WILLIAM A. BATCHELOR. Also,
REGENERATING EXTRACT OF MLLLEFLEUR8,
For restoring and Beautifying tho Hair.
CHARLES BATCQ?LOB, Now York.
I August 17 lTC