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VOLUME VII.-NUMBER 1057.
CHARLESTON, S. C., MONDAY MORNING, JANUARY 18, 1869.
FIFTEEN CENTS A WEEK
THE ATTITUDE OF GREECE.
PARIS, January 15.-Tho conferocco on tho
Eastern question meets again to-day. It is
generally believed this session will bo final. It
is reported on creditable authority that M.
Rangabe, the Grecian ministor, ha3 been in?
structed to announce that Greece is resolved
tc reject the decision of the conference if cer?
tain demands in tho Turkish ultimatum arc
I supported bytb-r body. Alt indications aro
that Greece is bent cn ?rar. A dis^iich from
Athens states that King Georgo ia preparing
to retiro to Nauplia.
The Powers have reasou to hopo that Itns
sia will also concur in their demand on Greece.
Thc Constitutionnel ot this city predicts that
Greed will submit to the voice of the confer?
TREATY. BETWEEN GREAT BRITAIN AND AMERI?
CA-THE CONFERENCE - PARLIAMENTARY ELEC?
LONDON, January IC. -Johnson and Claren?
don have signed a treaty for thc settlement of
tho Alabama elaine.
The treaty for tho settlement of the Ala
bfcjna claims elicits favorable comments from
The Great Powers, except Russia, have unit?
ed in demanding from Greece a withdrawal of
her objections to the conference as at present
A large and enthusiastic meeting has been
held in favor of ballot in parliamentary elec?
POSTAL OBDEBS BETWEEN GERMANY AND THE
BREMEN, January 16.-The money order sys?
tem, between large North German towns and
the Uni,ed States, commences on February 1st.
Amounts are to be limited to about fifty dol?
lars. The business will be done by agents,
thc North German Lloyd?' Postoffice Depart?
ment having declined to enter into the agree?
THE SPANISH MONARCHY.
MADRID, January 16.-Dosta and Montpen
sier will be prominent rivals for the throne
Bhould the Cortes declare for monarchy.
Generals Biseusta Cologne and Manuel Ga
zctt have been arrested for conspiracy.
BlUrS IN FLORENCE.
FLORENCE, January 16.-Riots, occasioned by
attempts to collect the mill tax, are frequent.
The military is freely u^ed for their suppres?
sion. Twenty-six rioters have been killed and
THE VEST LATEST-THE RESULT OF THE CONFER?
PARIS, January 16.-Another session of the
conference was held to-day for the purpose, of
affording an opportunity to the members to
sign the declaration of its opinion. La Pub?
lique, a newspaper, says that the declaration
asks Greece in the interest of thc European
powers to suppress all bands and vessels in?
tended for incursions into the neighboring
States of the Ottoman Empire, and counsels
Turkey to withdraw her ultimatum. It con?
cludes with an expression of hope for a speedy
renewal of diplomatic relations between Tur?
key and Greece.
THE SPANISH ELECTION.
MADRID, January 16.-Tho election in this
city and in most of the provincial towns was
carried foi the govtrement candidates.
A THEA IY WITH GREAT BRITAIN-CLOSE OF THE
INDIAN WAS - NEWSPAPERS TO BE EXEMPT
FROM .UNITED STATES TAX - THE VIRGINIA
COMMITTEE-UNIVERSAL SUFFRAGE - LAST
WASHINGTON, January 16.-The President
sent to the Senate yesterday a procotol, which
he had received from Mr, Johnson, our minis?
ter to England, fully recognizing the naturali?
zation law of the United States, and abolishing
the legal principle heretofore maintained in
Great Britain, of indefeasibility of native alle?
giance, and a treaty for the adjustment of all
claims, including the Alabama claims, by com?
mission to sit at Washington, with stipulation
to refer, when necessary, individual claims to
j the head of a friendly nation.
General Sherman telegraphs from St. Louis
that a letter from Sheridan represents the de
struction of the Comanche village on Christ?
mas day as breaking the backbone of tho In?
dian war. Eight chiefs came to camp begging
for peace and permission for their people to
come in, asking no terms beyond a paper pro?
tecting them from troops while coming. They
report their people starving, all their dogs
eaten, and no bmTalo.
Sheridan denies that Black Kettle was friend?
ly, or that the fight occurred on his reserva?
It is stated that Rollins has prepared a new
tax bill exempting newspapers.
The Virginia committee have been receiving
official visitors to-day. Great importanco is
attached to the interviews at their rooms,
though no details are published. Thc commit?
tee will visit Judge Chase in a body to-night.
The committee, with I he concurrence of lead?
ing members of both Houses of Congress, en?
gaged in the preparation of the bill designed to
carry out the arrangement agreed upon. They
will remain here until tho work in which they
are engaged shall assume an entirely satisfac?
A committee of the Colored Men's National
Convention waited on the Judiciary Committee
and asked tor suffrage in the North and West.
The Judiciary Committee promised that Con?
gress would take action in the matter in a
Tho agricultural report shows that last year
there were produced in thc Uaited Stages 905,
000,000 bushels of corn, and 2,3S0,00O bales of
cotton. The colton is distributed as follows:
North Carolina, 140,000; South Carolina, 130,
000; Georgia, 290,000; Florida, 35.000; Alabama,
285,000; Mississippi, 400,000; Louisiana, 250,000;
Texas, 26^,000; Arkansas, 263,000; Tennessee,
200,000; other States, 75,000. The report says
that the estimate is below rather than above
the actual yield, and that it is not made for
districts or ports, but for the States separately.
Seward has sont to the Sonate t. treaty be?
tween the Quited Stated and Great Britain,
whereby the dispute about the boandanea of
the Island of San Juan are referred to Switzer?
THE BEYOLUTIONABY EMANCIPATION MANIFESTO.
HAVANA, January 15.-The original copy of
the so-called emancipation proclamation, issu?
ed by the revolutionary General C?spedes, has
been received here.
It docs not, as reported, abolish slavery at
once, but counsels owners to give their slaves
their free'iom and leave ultimate decision to
thc people, who, at their pleasure, may decide
upon immediate emancipation, coupled with
indemnification of those owners who are favor?
able to the revolutionary cause and yet unwil?
ling to part with their property. The general's
principal object io thc issuing of the proclama?
tion appears to bo tbe utilization of the Ser?
vices of tho blacks as a military necessity.
SPAJZICS FJ?OX TIZE Wilt ES.
By tho new allotment of tho judges of the
Supremo Court, Judgo Svayne has tho lifth
and sixth circuits-the former of which was
Judgo Wayno'd circuit.
Advices from Mazaf.au represent great dis
content against Juarez'go1"-nment; open re?
bellion is soon expected. Doa Plascido Vego
s mentioned as thc Jcador.
TL?. Allies lost six thousand in capturing
Villota. The American Minister McMahon was
in tfio Paraguayan carno during thc battle.
The Virginia Republican State Central Com?
mittee are called to meet on January 27th, to
consider thc propriety ot' calling a new btale
conveutioD. It is understood that thc uew
convention is to consider tho nomination of
new candidates itv governor and other offi?
Tho examination of the Ogeecheo prisoners
in Savannah is continued. Tbe evidence so far
shows that Goueral Sibley's ieport was incor?
rect in the main particulars, the facts regard?
ing the troubles being omitted, or not ascer?
Ir *ho Georgia Houso of Representatives, on
Saturday, a motion to roscind tho act unseal?
ing colored members and that they be reseat?
ed, waa lost by a large majority.
Notice of contost has Leen served on all thc
new Louisiana Congressmen, to whom certifi?
cates have been issued, except that o? L. A.
Great excitement prevails in Marion County,
Ark., on account of an outrage on three young
ladies by nine negro militiamen. The negroes
A Washington corre 'pondent writing on the
lOih inst, says : "From his remarkable condi?
tion of reticenco, General Grant seems to have
passed to that of a man who has his own views,
and we know human na .ure well enough to be
aware of the fact that a man having views is
very apt to express them. Within tho last
four days I have met three prominent gen?
tlemen who have had talks with General
Grant, and each one, without even giving me
the topics of his discourse, say that he spoko
freely and at length. The President elect bas
certain work on hand that ho cannot accomplish
w^hout consultation, and, being a sensible man,
he proposes to tako the necessary steps to ac?
complish his work. Keeping this fact in view,
and looking back over his career so a.* to
get a clew to his advisers, and hearing calmly
I the curren t of talk and comparing notes, I have
eatisdjd myself that I can name four out of
seven of tho Cabinet he will announce, after the
4th of March next. Now, I do not pretend to
have gained a partido of information from the
great Mogul hitnaelf. I only give you the gen?
eral belief of tho shrewder set, sifted through
my own opinion, and at the presen': writing the
Cabinet stands ns follows: Stanton as Secretary
of State ; Wells, Secretary of the Treasury ;
Washburne, Secretary of the Interior; Scho?
field, Secretary of War; 8chenck, Secretary of
the Navy; Greeley, Postmaster General; Ed?
wards Piorrepont, Attorney General."
SENATOR 8AWYEB AMO 800THEKN LOYALISTS.
During the debate on tho Sue Murphy case
in the United States Senate on Thurd&y, Sena?
tor Sawyer, of South Carolina, read an argu?
ment in favor of the bill.
He was not quite satisfied of the loyalty of
Miss Murphy previous to the arrival of the
United States army in Decatur, and as she ,
was then only sixteen years old, he thought it
very doubtful that she had formed any opinions
on the subject of loyalty or disloyalty; but on
the general question of the right of loyal
Southern era to be compensated for their prop?
erty taken and used aa hers bad been, be felt
very strongly, and he had been surprised and
shocked by the ground taken by the opponents
j of this bill. He would not undertake to con?
trovert the legal propositions or arguments of
the senator from Massachusetts [Mr. Sumner],
or the senator from Oregon, [Mr. Williams.]
The loyal men of the Sou^h might be proved,
to the satisfaction of those who desired such
proof, to have boon public enemies during the
war, but he had entertained a different opinion
of their position and character. The senator
from Michigan [Mr. Howard] had spoken
slightingly of tho Southern loyalists, their suf?
ferings and their sacrifice*"; but if he had hap?
pened to live for awhile during the war in a
rebel State, he would undoubtedly have come
to a difierent conclusion.
Mr. Howard said ho had not intended to cast
any slur upon the lo\ al men of the South
nothing could have bcon further from his
Mr. Sawyer waa glad of it; but the language
of the senator had given him the impression
that he valued lightly the saorifi :es of South?
ern loyalists, and, indeed, rather envied them
for the advantages of their position.
The argument of tho senator from Massa-'
chusetts [Mr. Sumner] that loyal men at the
South diuing the war wero public enemies,
might be unanswerable; out ho appealed to
that senator to say whet rei* the conclusion to
which his legal logic hnd led him was not re?
volting to his sense of justice? If the loyal
people of thc StQth v.oro now, and had been all
aloDg, public enemies, why had thc govern?
ment made a distinction between them and tho
disloyal duritg tho war? Tho government
during the war did not determine who were its
friends Ly law. The Union m n of tho South,
who adhered to tho Government, did not hesi?
tate about their duty until tfiey could c?. ueult
Puffendorf. Thc Union prisoners at-the South
had not found it necessary to read Vattel in or?
der to ascertain who were their friends. Tho
policy advocated by the opponents of this bill
waa most unjust and unwise, and he hoped it
would not be adopted by the government.
After many conferences betweeu the Virginia
committee and its individual members with
the Judiciary Comm itt uo of the Senate and
members ot the Senate and House, it seems to
be pretty well understood that tue followrug
definite arrangement has been substantially
agreed to : Followiug the precedent iu the
Missouri compromise, and the proceed?
ings upon the admission of Oregon, Kan?
sas and Nebraska, a bill wi1' be prepar?
ed authorizing the admission of Virginia
upon the adoption of the proposed consti?
tution, with the obnoxious clauses iu regard
to disfranchisement, tesl oath and probably
some other objectionable features, stricken
out. When this bill shall be passed, it is be?
lieved it will be followed by an amnesty bill,
either universal or with very lew exceptions, to
take effect on the ratification of thc constitu?
tion. It is said that this adjnsttneut meets thc
approbation ut General Uran;, Secretary
Schofield and a large number of the most
prominent members of both Houses of Con?
The action of tho Senate in recommitting
thc Sue Murphy claim -o its committee is re?
garded as a final decision of thu claim upon
the merits so far as the present TJuugrcsa is
concerned. Before submitting the bill to a
vote there was a quiet canvass which disclosed '
the fact that senators were not willing to abso?
lutely reject Miss Murphy's claim, which has
unquestionably justice in it, aud yet there was
so much behii.d it, tho agr?gate of claims of
that character, running mto hundreds of mil?
lions, possibly, that tho majority of the re?
publican senators wero opposed at this junc?
ture to establishing the costly precedent in?
volved in the case under discussion. Therefore
it was deemed best to make a sort of ron-com
mittal disposition of tho question, and hence
the vote to recommit.
WORKS TO A CHABII.-"Your machine works
to a charm. It does tho work silently but ef?
fectively. Although other sewors may be good,
yoi. there are degrees of comparison which at?
tach even to these, and yours is entitled to th?
superlative.-?! Richard Snath, to thc Willcox &
G ?bis S. M. Co., Shaion, Cont-., March ll,
TROM TUE STATE CAPITAL.
A Parly at Governor Scott's-Thc Dis?
cussion on thc Liberty of the Press
[FROM OUR OWN CORRESPONDENT.]
COLUMBIA, January IC-A very successful
surprise party was givon at tho Governor's re?
sidence last evening. Among those present
were General Bomford and staff, General Con?
nell and staff, Judges Hogo and Carpenter,
Comptroller-General Neaslo, State Treasurer
Parker, State Auditor Tomlinson, General
Stolbrand, superintendent of the penitentiary,
several members ot tho House of Representa?
tives, and a number of thc citizens of Col um
bia with their wives. The party did not break
up until 2 A. M., and was both successful and
Thc recent report going the rounds of tbe
State papers thit General Hampton will be a
candidate for thc presidency of the South
Carolina Railroad hos no foundation in fact.
Tho General himself, I have thc Nw* authority
for saying, has not indicated .... uesiro for
sud an office, and his warmest friends, some
of whom are among tho largest stockholders
of tho road, would warmly oppose his running
for, or acceptance ot, any auch positioo.
IN THE HOUSE, on Friday, was submitted the
supplementary reporc of the Joint Committe.
on tho Bank of the State, containing the pro?
ceedings before Chancellor Lesesne, and tho
orders made by him on Daeeinbor 30 and 31.
C. D. Hayne introduced the following, which
was laid on tho table by a vote, on division, of
yeas, 49; nays, 20:
Jiesoloed, That the reporter of the Charles?
ton Ccuiier be expelled from the floor of this
Elliott moved to take up the resolution. He
said that the correspondent of the Courier
had made an attack on tho members of tho
Bouse, and especially upon W. J. Whipper, ot
Beaufort, bec auso of his opinion relative to the
South Carolina University. He said that tho
reporter bad since insulted that member by
S-mices and threats upon the floor of the
ouse during its session, and that after the
adjournment of tho House tho correspondent
gathered together a party of students, in or?
der, it is believed, to make an attack upon the
member from Beaufort.
W. J. Whipper said : I rise to a question of
privdego. 1 did not urge the introduction of
this resolution, but after mu.h persuasion
consonted. I would s<ate that my attention
was called to an article, which did me great in?
justice, in the paper for which that reporter is
supposed to write. I went to him in this
House to ask an explanation, and certainly did
not expect to be insulted. I inquired of hi ai if
bo was tho correspondent of the Courier, and
if he wrote tho article. He replied, "That's
none of your business." Had I been out of
this House I should have relented the insult
at once. I told him if he ever used my name
in such a manner again I would hold him re?
sponsible; and, so helo me God, I will. After?
wards, in my committee room, & >ncmber call?
ed and informed me that a crowd of students
had assembled outside, as he thought, with the
intention of attacking mc. I immediately went
out, and they went away at once. He said that
he made this statement in justice to himself,
and left the matter to t.ie House.
The resolution wa9 then taken up -yeas 84,
Elliott moved to amend by inserting the
word "present" before the word "reporter."
Sim moue moved a refereuce to a special com?
The amendment was adopted.
Jones movod that the reporter be denied en?
trance to the hall.
Mr. Tomlinson was in favor of referring the
matter to a committee.
Wilder said that he saw the students and
warned Whipper. ?
S. B. Thomson said that he would vote all
the time to exclude reporters who did such
Whipper and George Lee said that they would
not Bit in t:io House if thia reporter was allow?
ed to remain on the floor.
. Ransier said that he was in favor of the larg?
est liberty to the pi ess, but it seemed that this
reporter had abused his privilege, and be
thought that the resolution should bo unani?
The amendment that the reporter be denied
entrance to the hall was adopted.
Purvis was not willing that a reporter should
be excluded by a resolution that did not specify
the charges against him.
The resolution as amended was then adopted;
yeas sixty-four; nays thirty-two.
The following paper was presented to be en?
tered on the journal:
"The undersigned members of the House
vote 'no' 'on the resolution to excludo from the
House the reporter of the Charleston Courier,
for the following reasons:
While we have no doubt as to the duty of the
House to protect itseri and its mombers against
such conuuet as is charged aeainst tho report?
er of the Courier, wo do not think it consistent
with tho dignity of the House to pass such a
resolution as this, which docs not set forth the
charges against the party, without first having
an investigation bv a committe of the House.
* REU?EN TOMLINSON.
JOHN H. FER1TER.
H. W. PURVIS.
J. B. HYDE.
GEO. F. MCINTYRE."
IN THE SENATE, on Friday, a bill to chance
the county scat of Barnwell was road the first
Resolutions were adopto J Tor tho removal
of tho political disabilities of Vf. Hutton Whjg,
Thc following potitions for t'io removal of
political disabilities were i:i"sunted : Wesley
A. Black, of Abbev?lc; Jv<iiu Wilson of Ander?
IN THE HOUSE, on Saturday, DeLarge intro?
duced the following:
Resolved, That tho action of the Houso, ox
eluding from thc privileges of tho floor or gal?
leries of this budding tho reportor cf tho Cou?
rier, be, aud tho samo is hereby, rescinded;
and that a committee of five bo appointed by
the speaker to investigate thc charges made
by members of this House against said reporter;
and that said committee report to this Houso
the result of said investigation.
Ho said that it was due to the Houso and to
thc reporter that tho resolution be rescinded.
A motion was made to indefinitely postpone
DeLarge said that the reporter should h?vt
tho privilege of an investigation, and ho was
not u losed to pronounce nny ono guilty be?
fore trial. A member of tho Houso had told
him that tho statement of the designs of the
students had been" found to bo incorrect.
Elliott defended tho action of the House,
and Tomlinson hoped that the resolutboi
would bo indefinitely postponed.
The question being taken, tho resolution to
rescind was in d?fini tel v postponed. Yeas 49,
ile Large presented thc petition of merchants
and tax-payers ol'Charleston, for aid from thc
State to relieve thc Savannah and Charleston
Railund Company and assist in rebuilding
tho road. Referred to thc Committee on
Railroads. Also, the petition of thc Soutii
Carolina Society for renewal of certain Stats
bonds destroyed by fire. Referred to the Com?
mittee on Ways and .Means.
Tiic following concurrent 'csolutiou was
Kesolccd. by tho House of Represont-viivos..
the Senate concurring, That the trro branches
ol' the General Assembly will, on tho 27tli in?
stant, proceed to elect by" joint vote a Presi?
dent and twelve Directors of the Bank of the
Stato.of South Carolina.
The following bills were ordered to ba en?
gl ossed for a third reading:
A bill to alter and amend an act entitled "An
act to close the operations of thc Bank of the
State of South Cai ol ina."
A bill to rc2ulato and provide for thc pay?
ment of Commissioners and Managers of Elec?
tions was taken up.
The Governor announced his approval of an
act to punish sheriffs and other officers tor vio?
lation of tho Homestead law.
Notice was given of thc following :
A bill describing the way and manner di?
vorcements in the State of South Carolina may
be obtained; aiso,
A bill declaring a certain road in Greenville
County as a public road.
A bill to punish planters for discharging,
wilhout notice, persons employed by them in
In THE SENATE, thc concurrent r?solu/.'on for
the relief of the disabilities of Wm. Hutson
Wieg, of Columbia, waa concurred in; also for
the rehef of Thomas 0. Dawson, of Orange
The reaolntion from the House proposing to
fro into joint assembly on January 27, to elect
a president and twelve directors of the Bank of
the State, was referred to the Committee on
Mr. Corbin presented the petition of mer?
chants and tax-payers of tho City of Charles?
ton, praying a favorablo consideration by (ho
General Assombly of such measures as will re?
lieve the Savannah and Charleston Railroad
and assure tbs early rebuilding of said road.
Referred io the Committco on Railroads.
A bill io amend an act entitled "An act to
I pr?vido for tho temporary organization of tho
! educational department ol the State," rcooived
its third reading, passed, and was ordered to
bo sent to thc House.
Mr. Lunnoy introduced a bill to charter thc
Manchester and Augusta Railroad. Read first
A bill to authorize the renewal ol State
stocks or bonds, was made the special order
for Thursday next, at 1 P. M.
Tho Senate then went into eretrntive eession.
THE BANK OF THE STATE.
Proceedings in thc Supreme Court.
THE PROCEEDINGS ON FBIDAY-AR0UMENT8 OF
mara, HAYNE AND CAMPBELL-DECISION or
THE CO ?BT-THE PROCEEDINGS ON SATURDAY.
[FROM OUR SPECIAL CORRESPONDENT. ]
Co LU HE i j, January 10,1869.-It is now three
days since counsel commenced their heavy
skirmishing in the Supreme Court over the
Bank of the State, and yet the battle has scarce?
ly begun. The proceedings of Thursday have
been before you. On Friday Mr. Hayne started
out with throe points : 1. That the cause was
not docketed in accordance with the rule of the
court, which declares that all appeals shall bc
docketed the first term of the Appeal Court af?
ter they are decided, and on or before tho sitting
of the court. It bad also been placed on the dock?
et without nptico to tho adveree party. 2. That
the case in ita present form is not entitled to
a place on tho docket. It comos np by writ of
error, and the right to that writdo:s not apply
in thc case of a Judge of the Supreme Court
sitting at chambers. Tho only idea of a writ
of error we have i8 a writ to a superior from an
inferior court. What are inferior courts? They
aro described in tho constitution to bo tho Cir?
cuit Court, Probate Court, and Justices of the
Peace. In an act of the present Legislature
entitled "An act to organize the Supreme
Court," it is declared tbat "each of the Justi?
ces of tho Supreme Court shall have power to
issue writB of injunction, mandamus, quo war
ranio. habeas corpus, and other remedial writs,
subject to>e-examination, affirmance or rever?
sal, and final adjudication by the proper juris?
Did tho constitution or the Legislature con?
template that a Bingle judgo of the Supreme
Court, hearing one of these motions at cham?
bers, was thereby cons ti tuted an inferior court ?
Most assuredly not, tor in that caso he would
descend to the lovel of a magistrate; tho appeal
from his decision would he to tho Circuit Court,
and from thence by writ of error the cause
would come before the Supreme Bench. Such
an idea is inconsistent with the general scheme
of the judiciary department. It would be ons
of the most mischievous provisions of the con?
stitution, because it would be an invitation to
indirect practices and corruption. If it was
desired to get rid of a supreme judge, under
such a construction nothing would be easier
than bo malta a motion before him at ohambers,
and then resist his hearing the malu quoetion
on the bench, after which some ot bor person
may be commissioned to fill his place. If the
court reach the conclusion that the writ of
error does not lie in cases of this sort, but that
another modo is provided by which any error
in the juagment of a aupreme judge Bitting at
chambers may bo re-examined and revised,
our third proposition is established, namely,
that there ia nothing in the nature of the pre?
sent caae to exclude the judge who granted the
writ from Bitting on the supreme bench.
Judge Willard, who had taken his eeat for
the purpose of participating in the hearing of
the preliminary motion tu q lash the writ of
error, said be could not sit in tho capacity of a
judge as to his own qualifications.
Mr. Hayne accordingly waived this point, and
proceeded to enlarge upon the proposition that
there ia no writ of error from a judge of the
Supreme Court Bitting at chambers, but that
after ho baa decided upon one of those reme?
dial writa, it shall, upon motion before bim, be
subject to re-examination, affirmance or re?
versal, and final adjudication by the proper ju?
risdiction. However ?trange it might appear,
it waa clearly the law enacted that tho case
should go to the Circuit Court for decidion.
Mr. Corbin followed in reply. This case waa
put upon the docket by motion. The rule
quoted docs not apply to it. It remains, there
tore, with the court to determine whether the
exercise ot ita discretionary power woe correct.
The case was not dockoteu on the first day of
the term for tho simple reason that it could
not be heard, and as under the law we aro en?
titled to a writ of error at any time within a
year, the court oxorcisod its own convenience.
The Chief Justice remarked that when ho
took bia seat upon tho bench, he found it lo
be the practico to allow caaes to bj docketed
at any time without any regard to the question
whether they would try it at the same term or
Mr. Corbin, resuming, said that as to t ie
question whether the writ of error applies to
this case, it is the only proper modo to bring
tho case boforo thc Supromo Court. That au
anpeal will not lie, VJ emphatically settled by
the constitution. It could only come then in
one of tho modes known to thc common law.
Thero ie no doubt that the writ of error is ex?
pressly provided for correcting errors of law in
thc Circuit Court,, but still thc question remains,
how can we get tho record from an inferior
court? The common law practice, BO far as wc
know, says by writ bf error, or by a oeriiorart.
Thc first ia the true mode. Tho Supreme
Court of the United States have adjudicated
this question in tho case of J. W. Ward and R.
E. Call, 7th Petera, p. 633. On thia Mr. Corbin
commented at some length.
As to tbe point raised, whether thia is a
proper court to reviso tho proceedings had be?
fore a supreme judge in chambers, it was clear
that the Legislature established certain infe?
rior courts, among which, to all intenta and
purposes, waa one in which a supremo judge
was authorized to sit for specific purposes.
Its jurisdiction was limited, for it embraced
thc issuing of writs of injunction, mandamus,
quo warrar?o and habeas corpus. It was not
a branch ot the Circuit Court, and it was not
j equal to thc Supreme Court, yet it possessed
certain judicial fuuetions. It was, therefore,
an iuferior court, over which thc Supreme
Court has a supervisory power. That being
j demonstrated, it follow8 that thia special exer?
cise ot judicial authority, no matter how con?
ferred, must be examined in this court.
Mr. Campboll folio we ;, but his argument on
tho points submitted anl above discuisod is
such a mass of logic that no briof synopsis
would convey a proper idea of his Hue of
Mr. Chamberlain, thc Attorney-General, said
that one of the considerations introduced was
that a proposition wa* ponding.to settle this
question. Speaking for the State, he was prc
nared to say that the State sees no prospect
il any successful result from pending negotia?
tions," and, further, that thc only way in which
to secure a successful negotiation was to press
the case now.
In rendering his decision, Chief Justice
Moses said he concurred in so much ns declares
that the judgment of au associate justice at
chambers can ouly bc examined and revised by
this court. Whether it is to bo done by a writ
of error or on mere motion to revise, it was uot
necessary to decide. Tho effect to Doth par
tics would bo the same, for the case is hero,
the record is. herc, and 'ho matters assigned as
error are ia definite form presented to the
He dissented entirely from the opinion of thc
court on the other question, to wit: the mo?
tion to toke up the cause for hearing. On De?
cember 22, 13G8, tho call ot the docket was
closed and the order to that effect entered on
the minutes. After this, counsel for relators
was allowed to docket tho cause, and it being
subsequent to the period appointed by the
rule, it was expressod as "docketed Without
prejudice" io the other side, and continued.
On notice to respondents, a motion is now
made to take it up for bearing. I am satisfied
there is no precedent for such a coarse. It is
true that a continuance is a matter of discre?
tion, bit it must bo regulated by some stan?
dard of law or right. Wben a cause is once
continued and notice of the fact brought home
to counsel, they are supposed to dismiss it for
tho present from their minds and arrange their
time and attention for other engagements.
Here tho permission to docket was a favor to
relators, and without a regular and forma]
continuance without alleging accident, mistake
or fraud, il is asked that the hearing shall now
bo had. Counsel concluding that the order
was to stand, made appointments at a distant
point, and these, without fault or blame on
their part, they must now forego. It is said
that tho cause must bo taken up because the
State is a party, and interests of importance
are involved. A court must have Known and
recognized principles for its guidance, and the
State as a suitor has no higher claim to its
consideration or preference thia the humblest
citizen. Rules of oourt, thous h extraordinary
circumstances may abate t ue rigor of their en?
forcement, should be fixed and stable.
Associate Justice Willard, speaking for the
majority of the court, said: As to the motion
to quash tho writ of error, while it was a novel
question, the majority of the court would not
occupy the time of counsel with its further
consideration, especially as its consideration
was not imperatively demanded in this case.
The record of the case was before them, and
they nere of the opinion that they could pro?
ceed to the consideration of the questions in?
As reeards continuance, the court had full
power over a case. Notwithstandio? a contin?
uance waa entered they could .restore it and
order argument to proceed. A case may as
well bo called after the close of the docket as
during its call. The question is one of discre?
tion, which should oily be exercised upon just
and sufficient grounds.
The relator had urged public considerations
os rendering an early argument expodient; bad
stated that the judgment of the Supreme
Court was necessary, in order that further
legislation might be obtained from the General
Assembly. The majority of tho court could
not assent to the doctrine that they were nc t. at
liberty to notice the fact that the State was a
party to the record, and that the interests in?
volved were public interests.
Oa the other hand, the only grounds of preju?
dice alleged, related to convenience of coun?
sel, which may be properly consulted, in refer?
ence to assigning a day for the hearing of the
case, but is not allowed as sufficient ground in
itself for losing a term. Tho continuance would
be vacated and the cause restored to the dock?
et, but the respondents would be at liberty to
urge such mattors as are appropriate in refer?
ence to fixing a convenient day for tho hearing.
Tho court then adjourned.
On reassembling to-day, (Saturday) Mr.
Chamberlain moved, by order, that Judge Wil?
lard bc declared disqualified by reason of his
having sat in an inferior court. The point was
contested by Messrs. Cambell aud Hayne, but
after consultation with Judge H?ge. (Judge
Willard being absent) the Chief Justice de?
cided in favor of the motion, aud Judge R. B.
Carpenter ivas accordingly duly commissioned
by the Governor, and took his scat upon the
Mr. Campboll thin again moved for a con?
tinuance ot the case, on grounds ei-nilar to
those made the provious day. Thoy were en?
tirely unprepared to go into the case. Bule
100 of the Appeal Court made certain condi?
tions necessary, which had not been complied
with by tho other side, and taking all the cir?
cumstances connected with the suddeu aud
hurried manner in whioh the case had been
pressed for a hoaring without due notice, it was
a proper opportunity for the exercise of the
discretion of the court.
Mr. Corbin professed to be astonished at the
motion, and called for the reading of an order
which, notwithstanding the closing paragraph
of Justice Willard's decision, was signed only
this morning before the meeting of the court.
The order fixed to-day for the hearing. Mr.
Campbell read rule one hundred, which recites
that the grounds of appeal, record, citations,
points, authorities of counsel, shall be furnish?
ed counsel, and said they had not been sup?
plied, and that this rule waa of itself a bax io
such a peremptory order. They could not
forego the rule without great prejudice.
Mr. Hayne added some remarks, and the
court retired for consultation. The decision
was that the order having been entered on the
minutes,it was adjudicated matter and impera?
tive upon the court. The Chief Justice stated,
however, that Judge H?ge did not concur in
the apparent order of Judge Willard.
Mr. Campbell said the counsel for defendants
had nothing more to say. They bad resisted
a motion to set aside a distinct order of the
court. They had made a motion for a contin?
uance, and both bad been set aside. The ori?
ginal order of continuance was as distinct and
binding upon the court as the order they bad
before them, yet they had overruled the former,
and declared they were incapable of overruling
The Attorney-General then commenced the
reading of the record, pending which the cour t
adj o urn cd. F. G. DE F.
AFFAIRS IX THE STATE.
Colonel P. A. MoMicbael died on Tuesday
morning, at his residence about three mile s
Tho Circuit Court conveued at Chesterfie ld
Courthouse on Monday, the 4th instant, and
was in session until Friday, presided over by
Judge Rutland. One case of murder and three
of larceny were triod whioh occupied four days
of tho session.
Wo loarn that the Postoffico in Pickcns Coun?
ty, known before tho war os the Campground,
has boen re-established.
Tho County Commissioners havo divided
Oconeo into eight townships. The surveyor
is now eugaged in preparing plats of tho same.
Tho caso of tho State against White, for big?
amy, rosulted in a verdict ot guilty. Shortly
after being remanded to jail he effected an
In tho Circuit Court, tho case of the Stato
vs. Louisa Deas and Lula Collins, for murder,
resulted in tho speedy acquittal of tho parties.
Tho trial of William Kelly for the murder of
Mack Kirkland, colored, was taken up on Mon?
ds y morning, and was given to tho jury on
Tuesday altern Don. The jury, after being out
a very abort time, returned a verdict of not
Tho following Masonic elections have taken
Marlboro' Lodge.-Josiah Gay, W. M.; Chas.
S. McCall, S. W.; D. D. McColl, J. W.; T. E.
Dndloy. Treasurer; T. A. Sutherland, Secre?
tary; C. S. Emanuel, S. D.; J. R. Cook, J. D.;
Hohrv Edens, Steward; W. H. Parham, Stew?
ard; ?. H. David, Tiler,
Marlboro' Chapter No. 30.-Hams Coving?
ton, High Priest; Josiah Gav, King; H. G.
Lucan, Scribe; J. C. Dunbar, Captain of the
Host; Frank Manning, Principal Sojourner;
H. R. E istorling, Royal Arch Captain; W. B.
Alford, Grand Mister of the 3d Veil; Elmore
Allon, Grand Alaster ol the 2d Veil; A. K. Par?
ham, Grand Master of thc 1st Veil; C. S.
.McCall; Treasurer; T. A. M. Cook, Secretary;
M. C. Cox, Sentinel.
Thc roads are represented a3 being almost
impassable between Lancistcr and Charlotte.
Thc wet weather continues, and but little or
nothing can bj done on tho farm.
Peter Higgins, on application by habeas cor?
pa* bet?re viagintratea B. J. Witherspoon and
John C. Secrost, was, at Lancaster, on thc 11th
inst., discharged from imprisonment. Mr. R.
was imprisoned on a letter signed by Jjbn B.
Hubbard, Chiof Constable of the State, per L.
Cl!;. This letter stated that information had
been received from tho deputy constable at
Oro, Chesterfield County, that Peter Bis erins,
convicted of arson, was at large m Lancaster
County, and instructed R. W. Cousart to arrest
him. "There was no copy of the sontetice of
any court, anl no statement of the timo and
place of his alleged conviction, and no allega?
tion against what State he was an offender.
An l upon this State of facts, J. H. W. Cousart
caused his arrest and confinement in the dun?
geon of Lancaster jail.
Thc Columbia Phoenix says that eight color?
ed men were arrested several weeks ago, on
suspicion of hoing connected vvjih the murder
of Dr. E. C. Shill, of Laurens County, in No?
vember last. On Friday last two of them were
brought before Judge Willard, and, after a
hearing of the case, were released on their own
recognizance. On Wednesday, the other s>x
were brought oe?ore juage iioge, ami raeoaeo.
The Rev. J. Maxwell Pringle, of ^Columbia,
having accepted an invitation to tho Rector?
ship of St. Paul's Church, Henderson, Kentuc?
ky, at a late meeting of tbe vestry, the follow?
ing resolutions were unanimously adopted:
Resolved, That we are truly grateful to our
beloved pastor, tho Rev. Maxwell Pringle, for
his zealous and untiring efforts to rebuild oar
church, and deeply regret the circumstances
which compel him to sever his connection with
the congregaration which he has so long and
so faithfully served.
' Jlesoloed, That be carries with him into the
new field in which he is called to labor, our
cordial wishes for his success, and our sincere
hope that his piety and zeal may be abundant?
A. S. Wallace, of York, defoated candidate
for tho Fourth Congressional District, has fur?
nished Colonel Simpson, who holds a certifi?
cate and commission, with notice aud grounds
of "contest." Tho document is most formi?
dable in volume, and charges a fearful array of
enormities upon tho good Dcmoerats of the
Major Edward Anderson died on the 8bh in?
stant, at his residence bi Greenville, in tho 85th
i year of his age. He w is born in Union Dis?
trict. He was appointed postmaster in 1813,
I and held that position until the close of the
j late war; he, however, held the same position
previous to 1843, when he was again appointed.
Monday last being sales day many people
were in town from all sections of the district,
1 presenting an unusually lively appearance, re?
minding us of th? palmy days of our once
thriving towns and villages, and we thus had
reasons at least to hope that there was better
days in store for us. A good deal of property
changed hands; many persons being interested,
the bidding was quite liveiy.
FTAE E? SAVANNAH.-The Savannah Repub?
lican of yeaterday says: "This morning about
half-past two o'clock, a fire broke out in the
back part of Mr. W. D. R. Millar's oil store,
No. 157 Bay-street, a few doors west of our
office. The Hames spread with great rapid'' v,
owing to the combustible nature of the stock
in the store, and soon extended to rhe carpen?
ter shop of Mr. Killoren, in Bay-lone, which
was filled with lumber, completely destroying
the contents of that establishment in a very
short time. Mx. Millar's stock was entirely de?
stroyed or damaged by water. At one time the
flames caught the rear portion of the Pulaski
House outbuildings, in fact several of the
window frames were seriously damaged^. The
fire also extended to the rear of the gram and
feed store of Mr. C. V. Hutchins, next east of
Mr. Millar's establishment, destroying bis en?
tire stock. Mr. W. D. B. Millar estimates the
value of his stock at $10,000; insured for 15000.
Several lawyers who bad offices in the second
story, lost all their furniture and books, ind a
family and a number ot single gentlemen oc?
cupying rooms in the seoond and third stories
lost all their furniture. There was quite a
breeze blowing, and at one time it seemed as if
the entire range fronting Bay would be de?
stroyed, and when the Republican went to
press the fire was still barning, but was
thought to be under control."
FUR PHILADELPHIA-EMPIRK LINE.
THE SCHOONER SURPRISE, 6YMME3
Master, having nearly all her cargo engaged,
i will sail in a few days. For engagements
?apply to H. F. BAKER ft CO.,
January H No. 20 Cumberland-street.
THE FIRST CLASS DANISH BABE
* KAMMA FONDER, KBOQB Master, having
? part of cargo engaged, will have di sp ta ch.
For Freight engagements apply to
WILLIS ft OUISOLM,
January 8 Imo North Atlantic Wharf.
THE NEW AND STRICTLY Al SPAN?
ISH SHIP "PEDBO PL ANDOLIT, " AMEN
? OCAL Master, having large part of her
.cargo engaged and going on board, will
load with dispatch.
For farther Freight engagements apply to
W. P. HALL,
January 8 16 Brown ft Co.'a Wharf.
THE FINi3 AMERICAN SHIP "AME
^ LIA, THOR, Bo WEHAM Master, ie now ready
>for cargo, and being ot small capacity will
For engagements a jylv to
PATTERSON ft STOCK,
January 5 South Atlantic Wharf.
THE Al CLIPPER BARE LIZZIE H.,
SSPBINO, Master, having about two-thirds
?of her cargo engaged and going on board,
.will have dispatch for the above port.
For freight engagements, apply to
January 5_STREET BROTHERS ft CO.
FUR Ll Vii lt FOUL.
THE FIB8T CLASS BRITISH BABQO
v W. G. PUTNAM, RICKARD Master, ha vin
?a large part of ber cargo engaged, will loa
For balauce freight engagements, apply to
WILLIS ft CHISOLM,
December 21_North Atlantic Wharf.
EXCURSIONS AltUUNOTHE HARBUK .
THE FINE, FAST SAILING AND COU
'PORTABLY appointed yu ht ELE ANO R
kwill resume her trips to historic points in
.the harbor, and will leavo Government
Wharf dally at Ten A. M. and Three P. M.
For Passage, apply to THOMAS YOUNG,
December 18 Smo Captain, on Board.
THE STEAMSHIP PROMETHE?
US, A. B. GHAT Master, will leave
'Atlantic Wharf for above port on
? '1iron-DAT, 21st instant, at ll A. M.
For Freight engagements apply to
JOHN ft THEO. GETTY,
January 10 North Atlantic Wharf.
FUR MKW YOttrk.
REG ULAR LINE EVERY THURSDAY,
PASSAGE KIO DU CED TU 9*5.
THE STEAMSHIP SARAGOS3A,
'Captain C. RYDER, will leave Vsndor
'borst's Wharf on THURSDAY. Jan*
? nary 21st, at Twelve o'clock 31.
January 16 BAVENEL ft CO., Agent?.
TR AV K IL K US FASSIAU THlt?UOH
CHARLESTON EN ROUIE TO FLORIDA, AIKEN
And other places, should sot fal
to lay in their supplies of PROVIS .
IONS, CLARETS. CHAMPAGNES
CORDIALS, BRANDIES. WHIS
EIES, WINES. CANNED MEATS, SOUPS, ftc.
Pates of Wild Game and Devilled Ham for Sand*
Wiehes and Luncheons.
43-Send for a catalogue.
WM. S. CORWIN ft CO.,
No. 275 King-street,
Between Wentworth and Beaafain,
Charleston, s. C.
Branch of No. 90U Broadway, corner 20in street,
ROCKVILLE, ENTERPRISE, AND WAY LAND?
THE STEAMER ST. HELENA,
_?Captain JAMES G. RUMLEY, will re
ceivcTreitfUt Vms DAY and leave TC-MORBOW MOEN-'
INO, at Eight o'clock, ?.nd Edlsto THURSDAY Moay
LN'Q, at Eight o'clock.
For Freight or Passage apply on bo ird or to
JOHN H. MURRAY,
The steamer leaves again TUESDAY MOBNINO, 2?th
instant, at One o'clock, und EJiato THURSDAY
MoRNrso, at Two o'clock. 1* January 18
FDR BRUNSWICK, OX.
_ ^rtH^j^ THE STEAMER "DICTATOR, "
??g?g rrTT Captain CH ABLES WILLEY, will touch
at I his purni ever} WetnttJay, toaving Savannah a
Sim: A. M., and on her return trip will touch there
on Saturday Afternoon, arriving bick at Savannab
on Suntlay Morning. J. D. AIKEN ft CO.,
November 24 Agents.
~~ F??TT* AL AT li. A j F LU Rt U A,
Vr.v SAVANNAH, FERNANDINA AND JACKSON
?w THE FIRST-CAS3 STEAMER
_? DICTATOR, Captain CHAS. WILLEY,
will sa!I irom Charleston every Tuesday Evening, at
Eight o'clock, tor tbe above-points.
The first-class Steamer CIT? POINT, Captain WM.
T. MCNELTY, will rail from Charleston every Satur?
day Evening, at t?i?ht o'clock, for above points.
Connecting with thc Central Railroad at Savannah
for Mobile and Ne ft Orleans, and with t'ie Florida
Railroad at Fernandini for Cedar Keys, at which
point steamers connect tvith New Orleans, Mobile,
Pensacola. Key West and H*vana.
Through Billa Lading given for Freight to Mobile,
Pensacola and New Orleans.
Doth steamers connecting with EL S. Hart's steam -
ers Oclawalia and Griffin for Silver Springs and Lakes,
Griffin, Eustis, Harris and Durham.
All freight piyaulo on the wharf.
Goods not removed at sunset will be stored.at rlsl
and expense of owners.
For Freight or Passage cngagemet t, apply to
J. D. AIKEN ft CO., Agents,
South Atlantic Wharf.
N. B.-No extra charge for Meals aod statori-oins.
Steamer City Point will touch at St. Mary' i, Ge o.
going and returning each week.
FAST FR KIGIIT LIN JE
TO AND FROM BALTIMOBE, PHILADEL?
PHIA, WASHINGTON- ? OTTT, WILMINGTON,
DEL., CINOINNATT, OBIO,-BX. LOOTS, MO.,
AND OTHEB N O RT H WES FERN CITIES. ?
/vir'^a THE FAVORITE AND SWIFT
8vT8W Steauiiihlp SEA G?LL, N. P.
?~<??Kiii?'il4 DUTTOH Commander, will sail for
^*=si?=?? Baltimore on TUESDAY, the 19th of
January ot Four o'clock P. M., irom Pier" No. L
'Philadelphia Freiguts delivered promptly via
"Baltimore. Wilmington and Philadelphia Rai]roacV,
For Freight or passage, apply to -
COURTENAY & TRENHOLM,
January 16 3 . Union Wharver.
THE FTR8T-OLA9S IBON STEAM?
SHIP ST ATIBA, capacity 1800 balea
cotton, HOBEST T. WAY Command?
er, is now receiving Freight, and
will sail on 26th instant
For freight engagements, apply to
January 16_WM. O. BEE & CO. .
DIRECT STEAM COMMUNICATION BE?
TWEEN CHARLESTON AND LIVERPOOL.
CH ABLESTON AND LIVERPOOL STEAMSHIP
THE FIRST CLASS AND POPU
' LAB Iron steamship "GOLDEN
'HORN," H ABBY 0. MGBEATH Com
_imander, is now en har passage to
this port from Liverpool direct, and is expected to
arrive on or about the 16th instant, to sail hence for
Liverpool on fl ret February.
For Freight or Passage apply to
HO BERT MURE & 00.
January ll_ Boyce's Wharf,
THROUGH TICKETS TO FLORIDA.
CHARLESTON AND SAVANNAH STEAM PACKET
LINE. VIA EDISTO, BEAUFORT AND HILTON
THE ATLANTIC AND GULF RAILROAD AND
CONNECTIONS FOR ALL POINTS IN
THE FINE, FAST STEAMER
_ J PILOT BOY, Captain Fura PEUX, win
leave Charleston on MONDAY and THURSDAY MOBS
rso? at Eight o'clock. Returning, will leave Savannah
TUESDAY Moaxrsaa at Eixht o'olock, and FBIDAY
AFXEBNOON at Two o'clock, touching at Edtsto on
THUBSDAY trip from Charleston, at Eleven A. M.,
and leaving Edie w at Nine A. M, SATURDAYS, on re?
The steamer will touch at Bluffton and Ohiaoun's,
each way, every two weeks, commencing with trip
of January 21st
For Freight or Passage apply to
January ll . Accommodation Wharf.
INSURE YOUR PROPERTY
MA FIRE MASH COMPANY,
Chartered Capital.$3,000,000 00
Assets January 1, 1860. 5,150,931 71
Losses paid In fifty years...83,500,000 00
THE ABOVE, IN CONNECTION WITH HIS OTH?
EB OLD RELIABLE COMPANIES, will enable the
undersigned to underwrite risks on ALL KINDS OF
PROPERTY to an unlimited amount
A. H. HAYDEN,
FIRE AND LIFE AGENCY, .
Corner King and Haael streets,
january 18 mwt3
Life Assurance Company
' OF NEW YORK.
Office i Park Bank Building, NM. 914
and 916 Broadway.
COE ADAMS, President
WILLIAM T. PHIPPS, Vlce-President;
HENRY BELSEN, Secretary.
J. T. HUMPHREYS,
A(eat fer State of South Carolina,
0 mee No. 37 Bread-street
J. S. BUIST, M. D., Medical Examiner.
49* SUB-AG&NT8 wanted throughout the State.
Apply by letter to J. T. HUMPHREY8", General
Agent m December T
E. H. RODGKERS
MANUFACTURER AND WHOLESALE DEALER IN
STENCIL STOCK AN3 DIES,
STEEL LETTERS AND STAMPS
CHECKS AND TAGS
BRASS AND GERMAN SILVER KEY?
RINGS, CHAINS, Sic.
BY THE GALLON OB BARREL.
HILL'S PATENT HAND STAMPS
BRANDING IRONS, die.
No. 129 EAST J? A Y-STREBT,
CHARLESTON, 8. C.
03- Call and examine specimens.
january 16 _ 3mos
WALKER, EVANS & COGSWELI-,
No. 3 BROAD-STRE&T,
FREE READING} ROOM,
CONTRACTS MADE ON THE BEST TERMS WITH
Three Hundred Southern Papers.
Januiry i mwthsl6