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VOLUME VII.-NUMBER 1078. CHARLESTON, S. C., THURSDAY MORNING, FEBRUARY ll, 1869._SIX DOLLARS PER ANNUM
THE STATE CAPITAL.
TUB ELECTION BILL PASSES THE SENATE-THE
INCOEPOIt AITON OF CHARLES ." COUPANTES
AND SOCIETIES -THE SAVANNAH AND CHARLES?
TON RAILROAD BULL FAVORABLY. REPOETED ON
B? THE RAILROAD COMMITTEE-CONSOLIDATION
OF THE CHARLOTTE AND SOTTTH CAROLINA RAIL?
ROAD AND THE COLUMBIA AND AUGUSTA HAIL
[SPECIAL TELEGRAM TO THE DAILY NEWS ]
COLUMBLA, February 12.-IN THE SENATE the
followiug bills passed a second reading and
were ordered to bo engrossod : A bill to incor
poratc the Union Star Fire Engine Company of
Charleston, S. C.; a bill to incorporate the
Sumter Fire Engine Company of Sumter, S. ?
C.; a bill to incorporate certain fire engine
companies of Charleston, S. C.; a bill to
amsnd an act to loase the Stato Hoad ruuuing
from the Conuty o? Greenville across the Salu?
da Mountain to Henderson, ?. C.; a bill to
amend au act to defino the jurisdiction and re?
gulate the practice of Probate Courts; a bill to
alfeend an act to regulate attachments; a bill to
define the mauner of confession of judgments;
a bill to authorize a loau for the ielicf of tho
treasury; a bill to authorize the consolidation
of the Charlotte and South Carolina Railroad
Company and the Columbia and Augusta Rail?
The following bills received a third reading:
A bill to confirm and declare valid the recent
election of Mayor and Aldermen of the City of
Charleston ; a bill to amend an act entitled "An
act to determine and perpetuate the home?
stead;*' joint resolution to authorize the Coun?
ty Commissioners of Oconee County to sell the
interest of tho Stace in the Koo woo and Tack
aseegce Turnpike Read; tv bill to incorporate
the Ashley Fire Engine Company of charles?
ton; a bill to regulate tho formation of incor?
porations; a bill-to provide for the rcvisiou aad
codification of the statute laws of South Caro?
Tho following acts wore ratified : An act to
incorporate tho Mission Presbyterian Church
of the City of Charleston; an act to enforce the
provisions of the Civil Rights bill of tho Unit?
ed States Congress; an act to aulhrriz; the
. building of a bridge to connect tho Islands of
Wadra alaw and John's; an act to incorporate
the Wilson Bridge Company; an aco to incor?
porate certain Fire Engira Companies; an act
to incorporate the Citizen's Savings Bank of
South Carolina ; joint r?solut ion relieving E.
W. Oliver of a five per cent, penally.
Corbin introduced a bill to prevoDt and
punisn bribery and corruption, which was
read tho first time.
IN THE HOUSE, the bill from the Senate to
validate the Charleston election was road tho
first time and referred to a committee, consist?
ing of the Committee on Elections and tho
The Charleston and Savannah Railroad bill
was reported on favorably by the Railroad
The bill to incorp?rete certain societies in
Charleston was passed and sent to the Senate.
Webb introduced & bili to authorize Wilson
& Company to budd a dock and collect whar?
fage, at Beaufort.
Tao Mount Pleasant and Sullivan's Island
Ferry bill waa discussed until adjournment.
BINGHAM DENOUNCES BUTLER AS A REVOLU?
TIONIST-PRIZE MONET FOR THE EEARSAOE
PROVISIONAL GOVERNMENT FOR MISSISSIPPI
BOILER DEFEATED AND BOTTLED UP-3TTLI
TARY AND POSTAL RAILROAD.
WASHINGTON. February 12.-Tho spirit per?
vading the House may be imagined from the
fellowing extracts from yesterday's proceed?
Mr. Bu tl r. I take back nothing.
Mr. Bingham. Then I ask the House lo
compel you to take back your revolutionary
resolution-that.is something thac the gentle?
man cannot retrace aod I denounce it here to?
day, before the House and before the people of
the country, as being as unwarranted as any
aefcof. secession. I denornce, as a representa?
tive of the peopie, tbis attempt to inaugurale
revolution on the floor of this HSuee. I will
oppose the reference of the resolution, as
seeming to commit the House in some sort to a
challenge of your own law. ' How would ic look
for us io refer another resolution Suggested by
the speech of the gentleman (Mr. Bu'1er), and
that is, that the House should be authorized,
in? UBe the gentleman's language, if thc Senate
would not retire from the jon t convention to
kick it out. Tho gentlemau trom Massachu?
setts should be tho captain in the kicking
operation. [Laughter.] I think tho gc??lu?
man cannot gainsay bis speech in that which
brought down tho galleries and split tho ear*
of the groundling, audit illustrated tho ammus
of his resolution. ? deuuuoce it here as a reso?
lution of revolution-I denouuee it as ' a reso?
lution of anarchy. Tho idea of the House
of Representatives kicking tho Senate
of the United States I A' at the time
that you will have kicked tho law-making
power out of existence, you will have
proved yourselves greater architects of
your country's ruin than did the nil ho? of
men who, for four years, waged war upon your
constitution and your laws, drenching your
land with blood and ridging it all over with
Mr. Butler (aside). I always did like that
speech of Mr. Bingham's. [Laughter.]
Mr. Schenck. 1 have not the slighted idea of
proposing thc censure ot tho Speaker. I think
lie was excited like the rest of us. .
Mr. Collar. He was not
Mr. Scbenck. There is only a difference of
opinion about that.
IN THE HOUSE, the bill allowing tho crew of
the Eearsage one hundred und ninety thou?
sand doll us prize money for destroying thc
Cojifederate cruiser Alabama was passed.
The Reconstruction Committee reported? fa?
vorably on the bill organizing a provisional
government tor Mississippi. It authorizes thc
reassembling of the convention forthwith by
order of the president thereof, and in ca30 of
his failure to order it within thirty days, by
order of tho commanding general of the dis?
trict. Tho said convention, zn addition to
its present powers, shall appoint a provisional
government, and may renae YO and appoint ali
Stato, county and other officers of thc provision?
al government."and author.zing the provisional
governor to lemovo aud appoint registrars and
jadges of elections, and submit to the people,
with or without amendments, the constitution
heretofore framed by thc convention. The bill
exempts from attachment or sale household
property or improvement to the value of $500.
It authorize? tho convention to pass ordi?
nances. It is not to remain in session over
thirty days, or to have a per diem ot more than
$5 and ton cents mileage. The ordinances will
remaiu ot force until disapproved by Congress,
or the f.tate is admitted into the Union. Trials
for offences against the Stato shall be by jury.
Thc President of tho United States may at auy
time remove the Governor and tfppoiut a suc?
cessor. Poll tax shall not exceed $150 per
?fler a severe straggle, Butler's resolution,
with accompanying amendments, were tabled.
The bill authorizing a rniliUry and postal
railroad between Washington and New York,
was passed by a voto of 100 to 54.
O EXERAL LONGSTREET-THE UNDERWOOD CASE.
WASHINGTON, February 12.-It is stated that
General Longstreet ia a candidate for the New
James Lyons, Esq.. addressed the Supreme
Cour: in support of the suit of prohibition
against Judge Underwood. H. B. Guizon,
Esq., who represents Jeter Philips, released
from sentenco of death for wife murder by
Jndse Underwood's decision, was in court but
made uo argument against the snit.
THE CONSERVATIVE:? TN PARLIAMENT - A NEW
LONDON, February 10.-The Conservatives
are making preparations to carry on a vigorous
opposition in Parliament. Lord Cairns will rc
r placo the Earl of Malmesbury as iheir leader in
the House of Lords.
REMODELLING THE SPANISH NAVY.
I MADRID, February 10.-Admiral Topete,
Minister of Mariae, has issued general orders
for thc remodelling of the Spanish Navy.
MADRID, February 12.-The city ia profusely
ornsmented in honor of the assembling of the
Coitos. Serano delivered a congratulatory
FAVORABLE ACTION OF THE GREEK GOVERN?
MENT -THE PAKIS PEE SS INDIGNANT AT AN
ASSERTION OF BISMARCK'S ORGAN.
PARIS, February 10.-Count Walewski has
lett Athens on his return to this city. Ho is
bearer of a satisfactory reply from the Greek
Government on all points to the proposals of
the Paris Conference.
The press of this city cony with much indig?
nation tbe trutli of tho assertion made by
Bismarcks organ in Berlin, to the eflect that
they have been bribed l>y thc Prussian Gov?
ATTEMPT TO BLOW CP FORT PH UNTER-THE
PLANTERS AND MERCHANTS ASSISTING THE
HAVANA, February H.-A person painted
black climbed tho outer wall of Fort Prunter
for the pnrposo of exploding tho powder maga?
zine. He was slightly wounded by the senti?
nel. The planters havo held a meeting and
passed resolutions guaranteeing a $9,000,000
loan, with ouc-tentb of their property. Tbe
merchants had a meeting to-night for the pur?
pose of raising money to aid tho government.
DREADFUL STEAMBOAT DISASTER.
NEW ORLEANS, * February 12.-A dispatch
from Jefferson to-day reports the burning of
the steamboat Mattie Stevens in Caddo Lake,
Red River, last night at midnight. Sixty-three
lives were lost; tho survivors, fortj-tbrea in
number, were taken to Jefferson on the steamer
Dixie. Boat and cargo total loss.
FR03ITHE STATE CAPITAL.
Les ir and the Militia Bill-A Novel Pro?
cedure-Tho Savannah and charles?
ton Railroad Bill-Tbe Opinion of thc
Attorney 'General -i hereon-Its Early
. Passage Probable.
[FBOSI OUR OWN CORRESPONDENT. J
COLUMBIA, S. C., February ll.-The Militia
bill came up again before tho Sonate to-day.
The original bill has been committed, recom?
mitted and referred so mau; ti mea as to almost
lose tin identity. It waa passed by the House
at tbe special session, sent to the Senate, re?
ceived its first reading, and then quietly laid
over until tho regular session. Tj-day it w as
taken up for the fourth timo with the report of
S wails, chairman of the Committee on tko
Military, nra Jo an able and vigorous speech
m favor of the immediate pasaago of the bill1
but some friends of the measure were ont
"eating groundnuts" just when the matter
carno np, so Mr. Leslie obtainoi the floor, and
and gradually growing wanner and moro earn?
est as be ?moke, produced sncb an effect on
some lukewarm senators as to be able to crry
bis point by a majority of one vote. He de?
scribed the affair as a big job to bo pressed
through for the purpose of giving a few in?
dividuals fino uniforms, brays buttons, big
cocked hats, spurs, white horses, and big sala?
ries to pay electioneering expenses. But ho
warned Republican senaters that it would bo
the most powerful weapon that could bo
used to defeat the Republican party, and that
muster day, with a little whiskey, would afford
a splendid opportunity for tho Democrats to
test the merits of their Winchester eigktoen
shooters. Ho moved that the bill bo referred
to a fcpcc.al committee of one, consisting of
t:ic senator 'rom Barnwell, wi'h instructions
to report a substitute, and tbat the samo be
made thc special order for Tuesday next.
Swails ro^o to a point of order and desired
thu decision of the president on tho question
Whether, as against all parliamentary prac?
tice, a bill could bo referred to a member who
was opposed to it in toto, us in the cass of thc
senator from Barnwell. At thc request of thu
senator from Williamsburg, tho ruh! relativo tu
the question as laid down in Jefferson's Mauual,
puge SM, was read by the clerk.
The president decided tbat, as a question of
parliamentary law, it had no direct application
in tbia case. Tue senator from Barnwell bad
oxpre aed himself not wholly opposed to tue
bili, but simply to some of its features.
After Eomc attempts at "filibustering," Les?
lie's motion pie vailed.
On motion of Mr. Leslie, it waa
Resolved, That tbe message of his Excel?
lency the Governor, No. 32, and the bill there?
in referred to, be referred to tho Judiciary
Committee, to report whether the bill had or
had not become a law by reason of its non-re?
turn to the Senate by* his Excellency within
the time prescribed by the constitution with
bia approval or disapproval, and that they rc
pori on Tuesday next, and that their report,
bill and communication or message, bo mad J
tho special order for that day at one P. kt
IN THE HOUSE, Sasportas, from tir? Commit?
tee on Engrossed Acts, reported as duly and
correctly engrossed for a tbhd reading a bili
to amend uu act entitled "An act to regulate
the maimer of keeping and disbursing funds
by certain officers." The bill "waa taken np,
read tho ihird time, passed and ordered to bu
sent to thc Senate.'
CD. Hayuoiutroduted tho followingrceo
lution, which waa adopted:
Resolv.d. Thal; the Committee on the Judi?
ciary is hereby requested to roport, aa carlv aa
practicable ou a bul referred to them to pun?8ii
persona violating Section 3 of Articlo XVI of
tho ameiidiucut lo tho Oonstiictioa. oithe
'Tho Speaker announced the following named
members as tho eomnmteo of fvo .rom ouch
Congressional District to consider tho bdl aud
substitute to establish a Buard ol Commission
era of Public Lauds, viz:
First District-Feriter and Lang.
Second District - Smalla and Jervey.
Third District-L. Cam and Henderson.
Fourth District-Neaglj and McDaniel.
Elliott then reported favorably ou a concur?
rent resolution relativo io the appointment of o
joint committee lo consider aud roport ?poa
the preaeut railroad systoui ot the State.
On motion of Mr. Aimhusoa, the report was
laid on the table to .nke up thc concurrent re?
The resolution waa taken up, adopted, and
ordered to bo sent to the Senate for concur?
Tno early paa?agc of tho Savannah and
Charleston Railroad bill, and its promp: ap?
proval by the Governor, is nov? confidently sn
ticipated by the friends of flat important mea?
sure. None of the objections urged by the
Governor in tho case of thc Greenville and Co?
lumbia Railroad bill apply to this bill. In?
deed, its leading features are said to have ori?
ginated with the Governor himself. The fol?
lowing is the opinion of Attorney-General
Chamberlain in regard to tho bill;
OFFICE OF THE ATTOBNEX-GEVERAL, j
COLUMBIA, S. C., February 6, 1869. j
R. B. Elliott, Chairman Committee on Rail
roads, House oj Representatives :
LEAR SIR-I have the honor to submit my
opinion, as called for b.v your communication
of tho 3d instant. In 1856 tho State authorized
the Comptroller-General to endorse tho gr-ar
autee of the Stato upou bonds of tho Charles?
ton and Savannah Railroad Company to an
amount not exceeding five thousand dollars
The third section of tho act provides that as
soon as any such bond? shall have been en?
dorsed, as aforesaid, they shall constitnlo a
lien upon road-bed and stock and equipment of
the road, and the Slate of South Caioiiua shall
be invested with said hon or mortgage for the
payment of said bonds, with interest thereon.
The provisions ot the act were complied
with, tue bonds of tho company issued, and
the guarantee of the State endorsed thereon.
Subsequently the company issued other
bonds, and to secure them executed a first
mortgage deed, which was thus the secon 1
lien on the road and property of the company.
Again, in April, 1861, the company issued
other bonds, and secured them by a" second
mortgage deed, in roalitv the third lieu.
In February, 18C7, the bondholders under tho
first mortgago deed foreclosed their mortgage
and sold tho property. It was pure m sod by
the bondholders under first mortgage deed,
who were subsequently incorporated as the
Savannah and Charleston Railroad Company.
lt is assumed that the proceedings in tore
closure were regular aud legal, and that ail
proper parties were made.
If this is correct, then, by the sale and pur?
chase, the ?Savannah and charleston Raihoid
Company took the property of the Charleston
and Savannah Railroad Company free from all
lien or incuoibrances, except thc statutory lien
or mortgage to tho Stato to secure it against
its (?uarun.ee of the bonds.
The Savannah and Charleston Railroad Com?
pany have now memorialized the Legislature
for permission to issuo new bonds for the com?
pletion of thc road, and for the postponement
by thc State of its statutory lien on tho road,
so that thc same shall work hereafter as a
second in lieu of a first lien.
The question submitted to mc for considera?
tion is: Can the State logally effect such post?
ponement of its lion without tho assent of tho
imrtics holding the bonds guaranteed tv Hie
Tho statutory lieu which tho Stace holds is
its indemnity against tho liability incurred.
The contract of iudeinmfy is one made be?
tween tho State-tho surety and thc debtor
the corporation; and it is clenr that thoso who
are competent to roako a contract arc compe?
tent, bj mutual consent, to altei or vary thc
terms of it.
Conceding tho equitable doctrine which al?
lows the creditor to bc subr?gale.! to, and to
avail himself of, all tho securities held by the
e. rety, (Dearing vs. Karl of Winchelsea; Lead?
ing Coses in Equity, 87; Wright vs. Murley, ll
Wesey, 21; the doctrine goes no further than
to entitle the creditor lo tho benefit of thc se?
curities which tho surety holds. It is an equity
growing ont of the relation of tho parties, not
a right derived from contract.
But the contract for indemnity is a contract
between the surety and the debtor, to which
they 3lone are parties; and ?ts tho surety is tho
party to be protected, it is for bim alone to de?
cide upon thi terms and measures of his in?
demnity. Althoueh tho creditor may derive
benefit from the indemnity, it is only inciden?
tally, and through tho Murjty. that be derivos
it. Hy cannot stipulate for himself or his in?
terests, but must accept that winch tho surety
has accepted as a sufficient identity. Ho is en?
titled, in a word, to thc securities which the
surety holds, but not to determine what those
securities shall be. Any other construction
would make the indemnity of tho surety de?
pend, not upon bia own jmlgtnonfc or ilia own
contract, but upon thc assent of one (the credi?
tor) who was net a party to the contract.
The considerations above stated become
much stronger when applied to a State.
To aid a work ot great public utility, tho Stato
indorses tho bonds of thc corporation. To
secure the bondholder, she pledges tho faith
and credit ol the State for tho punctual pay?
ment of the bond. Thc indorsement of tho
State is tho security, upon the faith of which
the bond is taken.
To secure herself from loss b7 the indorse?
ment, the State imposes a statutory lien upon
tho property of the corporation. But it is
compoteut for tho State, with tho usscnt of the
corporation, lo alter tho terms of tho con?
tract; or it may repeal altogether the kw
creating the lion. Tne considerations o I policy
under which tho lion waa enactol may bavo
ceased to exist. A due rogaid to the public
benefit, tho protection of tho State and tho
interest ot the corporation may require that
the law onactmg tho lien should bo repealed.
These arc matters of pnblic policy, and thc
consideration aud determination ot thom bo?
long soloiy to . the Legislature, and. it they
deem it proper, the law crcatiug the lien may
bo repealed or modified. Tho only limitation
imposed upon the power of tho L?gislature to
repeal existing laws is that the repeal shall not
divest vested rights, and shall not impair the
obligation of tho contract.
Docs tho postponement of tho lien in this
case do either?
As ha? been already stated, the creditor has
no vested right in tho security which the sure?
ty bolds. Ho has merely au equity to be snb
rbgatcd to them if they exist and aa they exist:
and a chango of security which tho surety re?
gards ay beneficial and affording additional
indemnity cannot, in a y sen^o. bo ri garded ns
impairing tiny right winch tho creditor bas;
Mid still lose eau it bu considered a vested
Neither does a postponement impair tho ob?
ligation of the contract; tor tho only contract,
o, the bondholder is in tho bond, and the obli?
gation of that is not impaired, but ?3 recog
i:izcd. and additional protection is sought lo
bo given to it.
ibo pract.ee of tho Stale has also boen in
coniformuy to the views hore expressed.
In 1835, when guaranteeing the bonds of the
Louisville and Cincinnati Railroad Company,
the Slate imposed a statutory mortgago a's uu
doflinity, and to that lieu postponed ali other
debts which the company then owed.
And when, iu 1865, the State authorized thc
Charleston and Savannah Railroad company
to issue new bonds for the repair a-i? con?
struction of tho road, sho postponed her hen,,
and made it a second incambranc?, aud this
without the assent of the bondholders being
My opinion is that tho State has tho right to
postpone her hen and subordinate it io tho
mortgage to be executed to secure the bonds
authorized by thu act now proposed by t ho
present Lee isla tn re.
Very respectfully, your obedient servant,
D. H. .'.'HAMBEULAIN, Attorney-Genera!.
Charleston, S. C., February 5, 18G9.
THE RAGE FOR BLONDE BAIR at thc New York
theatre, having elicited somo invidious com?
ments from thc critic ol'tho Herald, tho blondo
whoisjusc now the leading lady at Ni bio's,
comes out in thc following tart card :
" !>IELO's GARDEN, February 3,15?9.
"Tb tht'Editor of the lltrald,: \
'.I am really ashamed lo trouble you on a
subject to very oniinportact us my ha i-, but
for tue longthv urtido that appeared in tho
Herald o?' Sandi? last, in which my numj is
brought vory conspicuous!' forward-excuso
mo ;i I am wrong-ns a cloak io givo some
critic a. somewhat spiteful opportunity of coc
frasting real with imaginary'blondes.' Nov;,
as I some timo ago foll compelled to toll thc
public, through thc press, l^nt my hair was noe
brought to its present hue by any ailificial
means, but that I w;:s boru" a blojdo und
blondo I will 'die,' it stoma strange that thc
writer ol tho article in question should oe ig?
norant of that fact, as it iiuud publicity in sev?
eral New York papers ; therefore, it impugns
my veracity, and on that ground al mo 1 be,; to
trouble you with this lotter, which I trust you
w.-il kindJy.publiah. I am quito willing lo sub?
mit my head, with its -lawny' colored and of?
fending crop, to be analyzed, if such a process
can he effected ; and. as your critic facetiously
inters that I have little elie either inside or
outside my head bu; my hair. I don't imagine
that any chemical process can do me much
harm At any rate, as my bair Boems to form
one of m v chiei at ti actions, its co or and legiti?
macy must be protected by your most, obedient
strv?tut, LYDLA THOMPSON."
THE HOMESTEAD^ LAW.
Opinion of Judge Carpenter Dec
it to bc Unconstitutional.
The following is the full text of tho
opinion of tho Hon. It. B. Carpenter, Ju
the First Circuit, in which he decid
Homestead law of this State to be unco
Joseph Purcell, for the use of C. B. Korth
i)r. Janies E. WhaUy.
On the 27th day of May, 1837. the plaintiff ol
a judgment by c?nfeEBlon against the defend
$3,308 70, wit.] interest from the day of its rei
at twelve per cent per annum, and costs nf ai
the fame day a writ of fieri facias was lodged
office of the Sheriff ot Charleston bounty (tb
met). On the 8th day of J-mc, 18C7. Purcell
ed the said judgment to C. B. Northrop for a
ble consideration. After delay, arising from
not necessary to be hore staled, tnt) sheriff,
and by virtue cf 'aid writ, levied upon the |
hon of the defendant, containing about foui
dred acres of tend, iud advertised the name fe
j The defendant gave notice to t JO abe iff. in w
I that he claimed a homestead under the at
General Assembly, passed the9th day ot ?sept?
1-08. Ihecaie is now beforo tills court, upi
motion of tho plainUff, io order the sheriff t
coed to ?ell the prcperty leviad T.r.>n, without
ence to the pru vitrions of tho act above m en tl o
Section 20, Articl- 1. (Constitution of >t
South Carolina.) provided that "a reasonable ai
of property as a homestead shill be exeu pied
deizun- or saie far the payment of any debts
bilities. except tor the p lym^nt of such obllg:
as ari provided for in this ronst?tution."
Section 32, Article 2, provides that "Ibo ?
homestead of the head of each rainby resid?
tbiR State, Bach homestead i-onsistlng ol dw
house, outbuildings and lands ai pu:tenant,
exceed the value of one thousand dollar:) and 3
product thereof, shall be exempt from attach
levy orsale, on ony mesno or final procoas 1
fjom auy court." By the panic section, it ls
"tho duty of tho General Assembly to enforc
provsions nf this seodon by suitable, legislation
In tbe act ot the General Assemblv, before
red to, Section 1 provides that "wbouever thc
estate of any head of a family, residing in this :
shall bo levied upon hy virtue of any ruesne or
process, issueo Irom auy court upon any judg
obtained upon any right of ueUon, whether ar
previous 0.' subsequent to the ratification ol
constitution of the >ure ot' -011th carolina, 1
san e be too family h^ms>teod of such person
sheriff or other o'heer executing paid process,
cause a homestead, Puch as tue said person
.cleet. 11 >t to exceed thu value ut' $1000, to be a
to end per-on."
The Bingle question tn this cse ts, aro the p
sions of tho constitution and the act of tho Gel
Assembly, above cited, within thc provisions 0
clause of tho tenth section of the first a< dele <>i
Constitution of the United Stale* which orohib
Mate irom passing a law impairing the obligatio
I'ho difficulty in determining this question He
ascortiuinc where tho line ot dem ireutiou exist?
t .veen the acts ot tho Legislature, which affect
remedy ouly, and tho-e which, un'er too oreti
of affecting the remedy, do impair the obligatio
the contraoL It has never been doubted 1 hat
I cgislature bas the authority to puss such gos
tara in regard to remedies as may room moat
mane and wise, where tho rh tracter and amoui
thc exemption do not substantially interfere 1
thc contract itself. Thc onl/ questioa is, does
legislative act overstep that bound, and under
guise of legislation upon the remedy, attack and
pole thc obligation Itself?
In considering tba case before me, two q
lions present theruselvc- :
First What is meant by tho term "obligatio:
contract," us used <n tbe constitution; and seco
ly. wnat constitutes an impairment ot tint obi
Tho highest legal authoriti s have answered b
questions A contract is an agreement ta do or
tu do a particular fblng specified th< rein, and its
igatioa is that which binds the promis >r to ]
form til? agreement. It ls nit. th 1 promise of
m'rc dary, but it is the remedy which the law gi
against the defau ting party.
1 Ins provi-ioa ot t' e constitution was inserto
compel the several sta'es to maintain the mtegi
and secure tho faithtul elocution of contn
throughout the Union.
The framers of that instrument bid before th
in thc legislation of th? state, anterior to tho ad
tion uf thc consumion, ample exemplflcation?
the evils incident to the impairment of these o
g?tions. Under the pressure ni th? straggle for
dependence, many of the States had passed lt
prejudicial to private rights. Bv some ot them
payment ol debts was suspended. In others, de
were authorized to be paid by instalment* in vit
tion of the contracts. Property, real und persot
might be tendered by the debtor In payment of
o' ligation, and the creditor W'is compelled to ti
such property at an exorbitant anpraiseme
such legislation produced its natural results i
system of fraud wuieii destroyed all public coi
deuce, and crippled all private industrial eoterpn
raf * as I am advised, however, even those sta
new had die tcmentv to utterly abrogate the ci
tract, although they did un puk it by annulling 1
Now, tlic right and the remedy arc so Intiman
connected, that tho destruction ol' tho former
the impdrmentof thc l itter; the constt.ution.il p
vi.-icm was designed lo protect bo h. In the li
guage ot thc Supreme Court of tbe United sta:
"It would ill b. oomo this coart under these circu
stances to depart fro.n the plum meaning of 1
words used, and sanction a distinction between I
right end .remedy, which would render thia p
vision illusory aod uuzatory-mcro words of lor
alor, dug no protection and producing no pro elli
In thc present case, upon the rendition of t
judgment, a lieu was vested lu the plaintiff, whei
by be was to receive from the real estate of the <
fendaut the amount of said judgment. This u
questionably was a lc,-al rignt. At the time .
judgment was rendered, and the lien became veste
ibero was no law in south Carolina vhich exempt
any portion of the defendant's land from sala und
that execution, i 'emla tho cons*iiu:ional . onve
non or the General Assembly enact a 1 w. ai er t
rendition of ibis judgment, which divested tl
plaintiff of Ids nnht ia ibis land without imparit
tho obligation of the contra:) ?
"To deny any remedy under a contract, or I
burdening the rem -dv with new conditions and r
strictions to make it rae ess, or hardly Worth purs
inc, is equally a vhlatijj oi thc constitution."
Kent, Com. 119.)
"Ic seems tomo that looking at. a contract legal
and practically, as au instrument by wu ch rights
property aro cleated, and ou winch they repos
obligations and leraedy are strictly c .invert b
tenus, luke away tho whole remedy sud it is ai
milted thc co: tract is gone Ard ir i-eenia lo mo tl
only logical rule tu hold, that ?fay legislation whk
materially'?iuiuif-hes ihc tera-dy given by tho la
to the c edi.or at ibo lime Ids co jtruct is made, ju
so f r impairs the obligation of the couiiact.
??oJgwick.'stat and Common Liw. Coi )
Judge Pars,IDS, in his work upon Contracts says
"i'butau exemption 01"propony irom attachment (b
whieu is meant levy, o.- a subjection of it to asm
law, or appraisement law. imp d' s thc 1 bligatlon of
co .tract." tie a id : "Such a statu:0 eau be enforce
unly as to contracts modo subsequently to the law.
'.Under the.-e cises ic has at Icnsib. become dt
Pnite v settled that a State hiv which i npairs th
obliga ti its of a contract, whether that contract b
lound n: tho cx.jre-s terms aud conditions of th
written tontiacl oetwecn the par ies, or is engraflei
upon the contract Ly thc law of th - land, as ic exisi
cd ut tbs time tho contra t was mad?, is within thi
proaitiitiug clause ot the redcral CouBtitutim, a
woll also as all laws UHUM or nominally directed t
tba rcoedy. ?heu they so effect the remedy as to im
pair tho right itscll." (Smith's Cum. 011 fctat. am
Const Con., 395.J
Judge Stor >?, in his g -cat work on the constitution
remarks: ' But. gem rally speaking, when we spcal
of tbe obligation of u contract, we include in the ide;
some known means acknowledged ly the uiunicipa
law to euforcc it. "Where all sueh mein? arc dcuied
(he obligition of u rou rael is understood to bc tnt
?paired, though it may not becompl.tely anni' ilated '
An act ot the Legislature of Vermont, releasing ihi
body of a debtor irom imp isonincnt, and direetlni
tbat the bond which he had given to the sheriff foi
the prison liberties, ai?d which the stieriff bad ag.
ass ene : M lue credi.or. sh .uki do discharged, wa?
hold by the Supremo Court ot that State co be void.
(11 hit. Hep., M7.)
ntatutc? of 'impatiens which do not allow a rca
souable tim/allertucii passaic tor ibo? miiencc
meut of suits cn ' xisttug cuises 01 action are un
cun-Ututioaai. (Cai! vs. Ui'ggor S Mass. 430; Pro?
prietors of tho Keuu-bec l'd.cha-e va. Labunei, 2
Grteu, 291; Ulacluor? vs. Pvliicr, 1 L'l. clcto.d Ben.
A ptatii'optascd .iftcr a contract ruado extending
ll:o t me of r pie vin 00 ajwUraient renJ -r ii ou SICH
contract, is .o'd. (McK'c.iey vs Carroll, 6 Mowr.
93; Crayuou v. L I y, 7 Atowr. ll; Lapsley va Bras
IICUIB, 1 li L K!; ?I?lrTS. Wiliiu . s. 4 Ult 31.)
AhUluteoi Kentucky directing nam under dc
cnein chancery en a locg-T ondit than ot Uta date
ot tho co.-itract, was deolan tl by che Ap 'dilate ours
of that, .-ta e to ho vcid. (January vs. January, 7
Mowr, ?j il )
I The statue of le-li in Kow ?orlt exempting orialn
i property irom salo oa 1 x teat is auttotudtttUoaiil
I ia re'atio.i to 1 xocu.iona iss'ic 1 on ju 'gimmes ren?
ders i prior io it* pasisye. (D.mks vs. Quack ubU9h,
3 Deuio, G.U.
'lhc i.cgis.ttturc cati pass noliw iut?rfcrini with
vesud right--, or tansiec them to tut thor against
the owner's con-ent. (8 bmeder & Marshall, Mis;
In the SUto vs. Carew, Chief 'udtce Dunkin in a
learned and oxhtaa'.ivo opiuiou decided that thc
suv law of .-ouch Carolina was iinconsticutional.on the
ground tbat it impaire I thc ob.iga.101s 01 the con?
tract, una ail the cbaaoeUcn uud judges oucuircd
willi aeimde ex vu; 10 .
In 0: d u vs. saned x?, 12ih Wheato:), p. 213. the
cou. : said: "tho obligation of a eon.race as r-p ikon
of in tho coasiiluiu-n, is a leg J and not a mere
moral obligation, lc is the Ww whieh binds the
party to pertoim his un to laking. T 0 oohgaiiou
docs na: iubero or subi: : i 1 tbe contract ?t?eJi
propria vigore, but. iu tho law apo- cab e to the eon
iruel; auu ibis Ja v 1* jot the untversai jaw of na?
tions, but ii is Lie luw cf the t>fc*td wheic the con?
tract is m.do. Any law which enlarge', abridges,
or in any mamor cumges tho intention of thc
parlies, remiting from the stipulation in the con?
tract, necessarily impairs it"
Airain, in the same case, it was said the great prin?
ciple intended to be established by the conslituMon,
was the inviolability of the obligation of contracts,
as the obligation existed and was recognized by tho
laws in force a' tbe time tbc contracts wero made.
Whether the law professes to apply to the contract
itself, or to regulate the remedy, it la equally within
tho true meaning of the constitution, if lt In effect
Impairs the obligation of exUttng contracts.
In Oreen vs. J iddle, 8th Wheaton, 331, the court
?aid: ' A riebt to lend im ludes the right to enter
apon it, and to recover possession where withheld.
N ot tine, could be more clear upon principles af law
and reason than that a law whteh denies to the
owner of land a remedy to recover possession of lt
when withheld by any person, or clogs his recovery
of it by restriction? or conditions tending to di?
minish the value of the thing recovered, impairs his
right to an interest in tho property. If the reu edy
afforded bc qualified and restrained hy conditions ot
any kind, tbe right of ihe owner may indee > subsist,
but il is impaired and rund er o J Insecure arcot ding
to tho nature and e> tent ot such restrictions."
lu Bronson vs. Kitzie, 1st Howard, 311, the vene?
rable Ohlei Justice Tanev said : " Wnatover belongs
merely to the remedy may be altered according to
tbe will of the -tate, provided th* alteration does not
impair the obligation of the contract. But if that
effect is produced, ids Immaterial whether it is done
hy acting on tue remedy, or directly on the contract
itself. In either case lt is prohibited by the consti?
tution. * * It is manifest that the obliga?
tion ol a contract, ana tho netta of a party under it
may. in effect, ba destroyed by denying a remedy
altogether, or may be seriously impaired by burden?
ing the proceedings with new conditions and re?
strictions, so as to make tho remedy hardly worth
pursuing." * * * * .
citing Mr. Justice Blackstone: "The remedial parr
of the law is so necessary a consequence of the de?
claratory and dir-. c;ory parts, that laws mast be very
vague and imperfect ? lthout it, for in vain would
rights be declared-in vain directed tobe observed,
ir there wero no methol of recov.-ring and asserting
those rights." ? . * . * "It is that
pat t of the municipal law," resumes tho Cine Jus?
tice, "which protects the right, and the obligation
by wbicb lt enforces and maintains lt. It is this pro?
tection which the clause iu the conslitu ion now in
question mainly intended to secure, and it would be
unjust to the ni' mory of tbe distinguished men wbo
fama J il, to suppose it was designed to protect a
mere barren and abstract right without any practical
operation upon the business of lila,"
Ia mccracken va. Hayward, 2d Howatd, 009, tho
Supremo Court said : "Ibo obligation of a contract
consists in its binding force on the parties wbo
make it This depends on tho laws in existence
when it is made. Three ure necessarily referred io
In all coiit acta, and torm a part of thom, aa offer! g
ihe measure of obligation to perform them by one
party, and the right acquired by the other, l here
can i'o no othor standard ny which ' lo understand
the extent of either, than tnat which tbe terms of
the contract ii.dtrute, according to their legal settled
meaning. When it becomes consummated the law
duanes tue duty, and tho right compels one party to
perform thu thing contra"iel for, and gives tba other
the right to enforce the performance bj Hie remeiiet
then in force.
If any subsequent law affect or diminish the du'y,
or impair tho ri^ht. it necessarily bears on tho obd
gi ?io a of the contract in favor of one party to thc in?
jury ot ttio other. Hence any law winch, in its ope?
ration, amounis to a denial er obstruction of tho
tights acci tiing by a contract, tboagh professing to
act only on ihe it mody, ia dir elly obnoxious to the
prohibition nf the constitution 1 his principle is so
clearly stated and fully settled In Bronson VR. Kin
zie, that nothing remains to be added to the reason?
ing of tbe court, or requires a roi'ereuco to any other
authority than ls therein rc lc ri ed to. Alluding to
the case then under cons doralion, the court said:
"1 he obliga lon nf tne contract between thc parties
iu ibis caso was to oarform the promises and under
taxing contimed therein. Th- rigbi of the plaintiff
was to damages for tLo breach thereof, to brine snit
and obtain judgment, and lo take out and prosecute
an oxecutionagainst tbe'defendant il 1 tho judgment
was satisfied pursuant to the existing laws of Illinois.
The.-o laws giving theso rights were so perfectly
binding on ne di-fondant and as such a part of thc
c ntraot, as if tbe> hal been set forth in its stipula?
tions lu tho very words ot the law relating to judg?
ments and executions. * * * *
Any subsequent law which denies, obstructs or Im?
pairs this right by suporaddlng tie condition ot tho
?ale. affects the ob ligation of the contract, for it
can only be enforced by the sale of the defendant's
property. Prevention of such sale ls the denial ot
tberhrht * * * * Tho Mme
power in a Stat? legislature may bs carried to any
extent, if it exist* at all. It' tbe power can be exer?
cised to unv extent, its exorcise must be a matter of
unt ontrollable discretion in passing laws-relating to
tor ro ' cdv wjiob aro regardless ol theeffect on the
right of ibo plaintiff."
In curran vs. tho State of Arkansas, lSlh How?
ard, 319, tbe Ba me court says: "Ono of the tests
tba: a contract has been impaired, is tint Its value
has. by legislen iou, oecn dim Dished. It ls not by
thu prohibition ef ti- constitution to be Impaired
at a i xiiis ls not a question of degree or manner,
or canas, but of encroaching in any respect on Its
obdgat on, and alspenalng with uny port of its
force." * * * * * Mr. Justice Curtis in tno
raine case says: "It by no means follows Leeanne a
law affects only the remedy tint lt does not impair
tho o..ligation of a contract Tho obligation oi the
C nt met in the sense in which these words are U3cd
rn the co..miration in that duty ot pertonning it
which ?B re oen'z d and enforced bv tho laws: and
a if the law is so changed that the moans of enforcing
' this duty are materially impaired, the obligation ot
tbe contract no longer remains the same."
Judge Woodbury, of tue Supreme Court, bef rq
which .his subjo:t came under consideration, in 'he
case of the Pl au.er.-/LS .mk vs. Sharp.Oth Howard, 327,
sail : '-When every form ot redress on a contract i.
taken away, lt will be difficult to seo Low tho obliga?
tion of it is not impaired. * * * And if
in prc fessing to tutor tho remedy only tho duties and
rigms of a contract itself arc changed or impaired, lt
comes just as much w.tbin tlio spirit of the cousti
tu.ional prohibition. Thus, if a remedy is taken
away entirely ns hero, or clogged by a condition of
any kind, tho right of the owner may indeed sublist,
and bo acknowledged, but it is impaired."
In the casu of .lawtborno vs. Calif. 2d Wallace, 10,
thc same court, by Mr. Justice N. hon, recognized
and re-affirmed thc principles decided lu Bronson vs.
Kinzle, and the 'evora! suusequeut oases of that
class. Ho held that tho acts tuen under c .nsidera
tiou so expressly affected tito remedy of tbe mort?
gagee as to impair the obligation ot thc mortgage
cuutractwr.bin the majiiingof thc constitution, und
declared tbem void.
Thc d?cisions o;' tho Courts of tho a - veril States
are some<vhatoonflicting upon this qn-s ton, but the
majority aro in accordance with tho rulings of thc
Miprcmc court above cited. 'J he decisions of the
lauer tribunal alone are bi ding upon thia court,
and it is in uer ord met with them that tho decision
iu this ca-o must bc made.
In the case ol Ur asea vi. Kinzie thc decision was
apon a statute ol It'.tuiis, passed altor the ex cation
of the mortgage, which lorlud tte salo of any mort?
gaged prop ;rty lu that state unless U braucht (wo?
rn ids oi its appraised value. Tbe case of Mc
Cr..ceu va. Ka,wa d decided thut a statute ot
Illiuuis, which provided that property lev,ed on
ui.d r an execution a ould not bo sold un cs two
ihicds of itu value was bid thcrelor, was void.
ibo tacts in this oaeo show tin: tno judgment was
r? .dc-ed more than a year bulare Ibo possitgo of ibe
Homes eau law; that thc ouly real esiateo-vued ny
lbj defendant is tho tract of land containing about
tour buudred acres lovici on; that at sharia's sale it
whl not sell for moro than tweuty-foui hundred dol?
lars, a thougb its real value for p anting purposes is
between four and five thousand dollars.
i he judgment waa by law a vested right, a lion, a
cont.act. Had tho S'ute the constitutional power to
nlvest the plaintiff of his lights and vost them in tbe
Upon thc principles involved in this case, there is
no differonca be.we-n Hens by mirtgage and by
judgment. Tbe former aro specific, the .atter gene?
ral, but both uro v-'8tcd, leged rights, entitling thc
h .-ld -rs to a sale of the prop*, ty, or so much tbereuf
as will ba sufficient to sitisty thc demand.
In my judgment, SJ much of the act ot tho G?n??
ral Assembly as exempts any portion of tho iand
levie d ou fruin Mle under thai execution, i? in con?
flict with the Constitution of tte Cai.ol states, and
lt is therefore ordered that the sheriff proceed to
eeil the prop itv levied upon and auvc.nl-ed tor sale
io luis case, without rcgaid io the proviaious-oi the
law in relation to thc h mes can pa-ae . since the
r^ndi.ion O'tho judgment, and that te execute ihe
procAJf of the c.uni:, o ifoci.ig the judgment ac 'Ord?
ing to tho remedy exi ting at tho t.mb of ihe loudi
iio? of <hu judgment und tte making of thu con?
tract bitweon tho parties.
lt. U. i'AKi-EMTxn, Circuit Judge.
January 29, j 863.
AlWAJJiS liV THE STA TE.
Wc r.re pleased to learn that I>r. El; Corri?
wail bad boen commissioned as a m in?strate
fur (Jbcstcr iti.iumj by G.ivoruor Scot.
We ru . rot lo karu tho death of ?lr. Lewis
H. Gill, on Tuesday, tho Hecund institut. Ho
was buried ut Jb'is iinji Creek Chunca with M-i
eotiic honors by Basoomvilib Lut'ga.
John S. Dickey, a vary luUslJigout ancl pro?
mising bov, about ?.x years of age, was nerd*
douta.iy drowned in a, branch on j?isbing
Ocock, uo r thu dwelling ol Mr. John Dickey,
?Sr., on thc third instant.
Tho Camden Journal cays : "On Tuesday
night last two colored prisoners couSnod iu tho
jail of thia district, charged with horse steal?
ing, made thou- escapa. Wc understand thut
when the jailor went, lo Rive thom their sup?
per, ho was solzed and held by ono while the
other weut down the stairs, aud forcing tho
leek, opened thc; door, wtiea tho other released
mo julur and soon gained tho street. The
sheriff offers a reward of .nf ty dollars lor their
-The enormous capital of Trini ty Church,
in New York, of which tho annual lucomo is
$300.000, has never jet paid a dollar's tax to
tho government. .
ON rwy. WINO.
More ??oat Stealing -Society Hill-Past
and Present -Busines? Firms-Rail?
roads-The Bridge-Pri?e of band
'.Contracts" for the Present Tear -
Rates of Wages-Prospects.
[FBOM OUB OWN COBBESPOHDEHT.]
SOCIETY IfrrxV'February, 1869.-On my way
from DarkngioT? tbr Society Hill, I waa con?
versing with/risfflwart yeoman, who gloried
in his independence' of tbe. negro. He, his
wife and h?3 children, work in tho held, and tho
past year had made a good crop, both of corn
and of cotton. The-great trouble now was
to keep it from being stolon. Ho told ma that
some time aero, ob?rai: -BtX mil-a from Darling?
ton village, a band of negroes attacked a house,
shot promiscuounfyr?ad jut nine ball holes
through a lady's dress banging against a wall.
One bullet carno very - near - k il li og a child. ?
few nights before they had; taken Mr.-'a
fattening hogs; then they came again, and car?
ried off his milch cow, and now they stormed
tue house. People living at a distance from
the centres of population find it difficult to
protect themselves against these outlaws, who
go around in gangs of ten, fifteen or more.
They kill stock, steal cotton, in short carry
things with a high band generally.. A part;
of these romantic revellers has been known
to pick clean from six to eight acres of cotton
cn a single moondi gb t night. Tho c?fficuJ ty of
guarding against these nocturnal marauders
will be better appreciated wben it is remem?
bered that honest and industrious people who.
work hard the live long day, and day after day,
are fatigued when night comes, are apt to
sleep soundly, while these robbers, hke the
boasts of prey, lie close all day, and go forth to
plunder at night.
By way of showing menrhat can be done by
hard-working white men, my informant told
mo of one of his neighbors who, with his little
son, last year made tbirteen bales of cotton, all
planted and cultivated by themselves alone,
in picking season he hired a few hands to holp
get it out. I have heard of several such in?
stances, aud may, porhaps, recur, to the sub?
ject again in the course of these lettors.
Socioty Hill, on tbe lino of the Oheraw and
Darlington Railroad, about one hundred and
twenty-five miles from Charleston, is ono of tho
oldest and best known settlements in the east?
ern port of the State. For moro than half a
century it was the centre of wealth, intelligence
and refinement. In fact, I think L risk nothing
m saying tbat the society there was more
e'egant during all that period than in any
place in th? State outside of Charleston or
Columbia. Enjoying a high and healthy loca?
tion, a dry, sandy sod, second tor salubrity to
no other spot in South Carolina, tho wealthy
planters of tho Upper Peedeo hore at first
spent their summers, and then fixed their per?
manent abode here.
Many are the names, high and distinguished
in tho annals of tho State, that Lave reflected
honor on Society Hill. The late J. J. Evana,
Jor years an honored judge of this Stat?, and
afterwards United States Senator, made this
bis home, and here several of bis sons now re?
side. The venerable Dr. Thomas Sdith, still
among tbe living, has shed lustto for many
years on this small portion of his native State.
The names of Gregg. Williams, Witherspoon,
Wilson, McIntosh, and others, who have lived
and died here, are known and honored in dis?
tant parts of tho State. It was here also that
General John McQueen died two years ago,
after having spent many of his best years in
tbe service of the State, and earned honor and
glory for himself in thc councils of tho nation,
i mast not omit mentioning the venerable bro?
thers Coker, tho oldest merchants in tbe Pee?
dee country, distinguished no Jess for their
honor and integrity than for their industry and
other sterling business qualities,
j ino viliago hos receive*! some valuable ac?
cessions since tho war, foremost among whom
I would mention Major B. D. Townsend, a
narnu well known through the length and
breadth of the ?State, ?md far beyond her bor?
ders. Major T., lato President of tho Bank of
Georgetown, after v. rds President ot the Ohe?
raw and Coalfields Railroad, and now Presi?
dent of tho Cheraw and Salisbury Railroad, has
latterly in a great measuro withdrawn from
public Ufo, and is now pursuing tho even tenor
of his way as a planter of cotton, corn and po?
tatoes-in my opinion, a most sensible pro?
ceeding 0.1 his part.
Tbe merchants of Socioty Hill are as follows:
Messrs. C. Coker & Brother, A. Smoot, W. A.
Carrigan, T. A. Gandy, Theo. Soinpayrac. John
Douglas, Mr. Wicker, together with a few
others. There are two physicians here, who
appear to do a good practice-Dr. S. II. Press
ley and Dr. P. ?. GriUn. Lawyers there are
none here, but I am told that there is a good
opening here for one. There are two churches
herc-the Baptist, Rev. Slr. Rico, pastor, and
tho Episcopal, Rev. Mr. Hay, rector. The
planters residing in Society Hill nave formed
a planters' club, which meets monthly, for the
discussion ol topics interesting to t'ai mers, <&c.
For years the Peedee Bivor was the onlv
moans Society Hill bad of communicating witt
Charleston, and this was slow and un coi tain,
I and sometimes, in seasons of low water, alto?
gether impracticable. In good time the North?
eastern Railroad was built, and so also its con?
tinuation,the oheraw and Darlington Railroad,
which mus past Society Hill, and has Drought
it within a lew hours' nde of Charleston. I
have always thought tbat there should have
boou only ono lino and one company from
Charleston to Cheraw, and I think so yot. In
fact, I tnink it of more importance now than it
ever was before. Rival interests will soon come
in and bid for privileges which now are natu?
rally, and by a tacit pre-emption, outs. But
Charleston should not rest till this past and
prescut good will on tho part of her Peedeo
friends is permanently assured to her, and
this can only bo dono by consolidating the two
companies. True, there may be difficulties in
the way; still, the interests aro sufficiently
identic il to have tho two roads managed by
tho same superintendent. There cannot, there?
fore, it would seem to an outsider, be any in?
surmountable obstacles to such a union, and
1 earnestly hopo that the nuptials may soon be
Society Hill heretofore was connected with
Mar boto', and tho parts beyond, by means of
a ferry-one of tho most important, because
most frequented on the nvor. Dublin, the
ancient Charon, wh?> bad poled tbe flat across
for man" years, and who is an original charac?
ter ?worthy a more extended not ice than I can
accord him here, is now pat on Ibo retired
list. His occupation is gone. Tho ferry is no
more. A bridge has taken its place. This
bridgo bad been talked of years before the
war, but was not commenced till a year after
tho cassation o' hostilities. It w.is built by
Major J. B. Lasallo, of Columbia, at an expanse
of about $25,000. This amount, in tho tben
impoverished condition of tho oountry, it was
of course, not an easy matter to raise. Still it
was done, thanks to the unwearied efforts of a
lew public sp.riced mon. But alas, after the
work bad been oompleted, :md in oporation
only sixteen days, a great ?r^shot washed away
the centre pier, wbicn dragged with it another
pier aud two of the spans. Previous fieshets
had dono considerable dania.go'whilc tho work
waa in progress, but this last calamity seemed
irreparable. Too old company was bankrupt.
What remained of thc midge was sold
uut and bid off at $2000 by ??orne of the
creditors of tho oid comp.i;iy. A new company
.vas formed, capital about $15 000, and the
br. .Ige rebuilt. Ic is nos yo; weather-boarded
or roofed, lois will cost abuut, $2J00 more,
?.nd is io bu dono in tho course ot this year,
I believe. Tho rebuilding o? the bridge ia due
principally, if not soiciy, to the untiring and
Helf-eacnficing cucrgy and public spirit of Mr.
W. A. Carrigan.
The bridge is a splendid job, a regular first
class Howo truss, equal io any in tbo country,
having an opeuing of six.'.y feos. Thc machi?
nery ia so perfect that a child cnn turn the
chaw. The Cheraw bridgo. rebuilt siuco thu
wur, coste? 000, and yields an incoui<? ol'
$125 a week during tho business season. The
length of tho Cheriw i ridge is six hunched
aud twenty feel, and that at Society Hid about
five hundred uni twenty fcc;.
The lands about liare, f ,ruioriy among tho
most valuable in tho 8:ate. have not yet recov?
ered their former price. Thoro is not yet a
sufficient surplus of money ia this part of the
country to warrant much investment in lands,
and there is, therefore, no it-liable data upon
which to baso an estimate of tho market In
Marlboro', on the ether a fc of tho riv r. irom
somo reason or other, there has been more cvi
dence of retmperstivo power, and la .ils Iicv.
sold ut vorv lair piicce. sometimes tor quite -
mooh as they would havel brought .cn ; ears
As reperds thc nOTcr-to-bc-solveu.qnesliou
of labor. I find upon inquiry that rations plans
axe ia ase, each ottering auvnuutxca <*uu T
advantages, and each having advocates and.
opponents. Most of the plantations m this
vicinity are organized for the present year?
the laborers mostly being hired for . wages,
but some are employed "cn shares." In re?
gard to wages it is difficult to say what are the
rates paid. There would seem to be so fixed
rule, each party of coarse doing tho best he
can for him self. Thus I. have heard of prime
bauds g?tting from $8 to 312 per month and:,
"found." There are but few women compara-,
tively hoing out as field hands, 'micro they"
make contracts they usually only receive two
thirds of foll rates. . -
Those who "crop" with the hands give,'I!
think, about one-half tho proceeds, loss the
current expenses. Some, from necessity,
have been compelled to agree to receive ser?
vice from the freedmen in lien of rent. That .
is to say, those not having the means or. the
credit to provide the requisite outlay where-'
with to maintain hands and working animais
during the spring and summer, have asreed to
rent land to negroes, with the stipulation that,,
in lieu ol rent, these tenants are to work two
days in the week fot1 their landlords. If I have -
been correctly informed, ' these are .tho terms
upon which many of the sea leland..,planta?
tions are being worked this year.
On the whole, ! think the farming prospecta,
for this year are fair in this part of the State -1
and most of the planters are hopeful. Indeed,
all classes are in better spirits, and not a few
are in a fair way of making money. ' January :
has been a fine month : for plantation work.
and, as fir as I can judge, every thin? ie well ,
advanced in the way of preparation for the
ensuing crop. Brans-Ens.
FOR BOSTON-DESPATCH CI\R.
THE 80HOONEB & A. HAMMOND,
' WILLST Mascar, having a parti? a of cargo
t engaged, will be promptly dai on cb o I.
WILLIAM BU AC H b 00.
February 9 ruths
FORNEW YORK-MlGRCIi\NTS' LIM 8.
THE FIBsT-CLA^S KEGULtBPACKET
Schooner N. W. SMITH, J o OK KB alaster,
haring a portion cargo engaged, will be
promptly despatched. For bal ince, apply .
to WILLIAM ROACH b COr' *1
February 9_ruths :
THE FINE SCHOONER VB ATE, MASOT
Master,!' now loading, und will sail as abovo
>ln a few days. For raloneeof Freight, apply
?to H. F. BAKER A-CO., '
February ll Nr. 20 Cumv?rl*nd.-street.
EXCURSIONS A HOUND THU HARBOR. I
THE FINE, FAST SAILING AND COM- *
^PORTABLY appointed Yacht ELEANOR
swill resume her tri pi to. historic pointa In '
.tho harbor, and will 'oave Gavcrnmeut. 1
Whirr daily at Ten A. M. and Thwe P. M.
For Pas ?age; apply to . '1 HO MAS YOU .VG.
December 18 3mo Captain, ou o jard..
FOR N KW YOlt?.
REGULAX LINE EVERT TSURSpAZ* tl
PASSAGE R EDUCED JO <13.
THE STEAMSHIP 8ARA'i03SA?<'
[Captain 0. RXDZB, will lea r? Vindex* .
"horst's wharf on THUSTOAT. Febru- .
?ary 18th, at - o'clock. . a
February 13_BAVEN EL st CO. ?gua?. ..
NE ?V YORK ANO CHARLKSIO*
FOB NEW T 0 BK
THE SPLENDID SISE WHSSL
&s?WSSTEAJI5HrP CHAMPION, LOCK?
WOOD, Commander, will leair \d
?ger'k Wharf on SAT OED AT, tbe 13 th, -
at 4 o'clock P. M.
49>[nsnrance cinbe obtained on these steamers at
For Freight cr Passage, having splendid cabin,
accommodations, apply to
JAMES ADGEB & Ot '..
Corner Adger'a Wharf and East Hay (Dp ?"?iwl.
Mfr- The steamship CHA EGERTON will follow on
WEI NE SD AT, the 17th instant, st 10 o'clock A. M.
February ll_. thai _.
CHARLESTON' AND LIVERPOOL STEAMSHIP '
THE FIR>T-OLASS IRON SCREW
'Steamship GOLDEN H^BX, Rv #.'
'BLAOBXIN Master, having one-half;
_?her cargo engaced and go,ng on
board, will meet with dlsnxtch for tho above ? ori?
ta sail on or about the 20th ins ant. 1?$ '
For Freight engagements apply to
February 9 _ROBT. MUK EA: CO. ' '
TIUViatCRS .PASSINO TH'tO'/OR
CHARLESTON EN BOO CETO FLOBID ?, AIKEN '
r r^Taiip? And other places, should not f?t.
//}&???rF^ to lay in tftoix supplies of PROVIS*
??fflH&m^ IONS, CLAREIS, CHiMPAWHa .
irnurrlLi nrnriu . BRANDIE*, wais
KIES, WIN Erf, CANNED MEATS, SOUPS, ic'
Pales of Wild Game, Deviled Entremets, Ham,
Tnrke?, Lobster, eta., for Luncheons, ?naewiche?,.
Travelers' Repast, ic.
?g-Send for a catalogue.
WM. & COBWIN b CO.,
No. 275 King-stroet,,
Between Wentwortu and Bea af ai ^,
Charleston, 8. 0.
Branch of No. 900 Broadway, corner 20tn street/
New York._ October28
FOR G YORKETOWN, S. C., .
AND LASDING3 ON THE PE SP SB RIVER
THE STEAMER EMILIE, CAPH.
_.ISAAC DAVIS, WM receive Freight
Tin-, tus UL aouth Commercial Wbarr, and leave as
above on MUNDAY MORN INO, 15th lust., at 6 o'clock. <
Returning, will leavo Georgetown on Wan
NESDAT MOBNTAO, 17th instant.
Freight for Landings on the Peedee River will be
transferred to Steamer GEN. MANIGAOilT, at
All Freight prepaid.
No Freight recetv. d after sunset.
SH ACKLLFORD b SELLY, Agents,
? February 13_1 No. 1 Boy e's wharf. -
FOR CREK AW,
GEORGETOWN AND ALL LANDINGS ON THE
. j.?T^lfc? THESTEAMBB PLANTER CAPT.
l?H'??l i3? c- ?- WHITE, is rece ring Freight at
Accommo?^uon wharf, and will leave on WEDNESDAY;
MOBW.NO, the 17th instant, at 7 o'clock.
Apply to JOHN FEBGUSON.
FOR NORTH EDISTO.
^fru??^ THE K'lEAMEB t?T, HE I ENA,
r-~s*rrA-ry=5 Captain TAX RS G. RUMLEY. will re?
ceive Freight THU DAT and leave MOND?T MOBH
INO. at o o'clock, and Edisto same day, at 3 o'clock
For Freight or Passage apply on baird or to
JOHN H MURR v Y,
The steamar leaves again WEDNESDAY Moaxnio, '
at 8 o'clock, and Edisto TBUBSDAX Monanro. at 8 \
o'clock._1*_February 13 *
INLAND H O UTK.
THROUGH TICKETS TO FLORIDA.
CHARLES I O* ANDSAVANNAH *LEAM PACKET
LINK VIA EDISTi>, ROCKVILLE, REA?tORT
THE ATLANTIC ANO GULF BAILBO . D AND
CONNECTIONS FOR ALL POINTS IN '
? jriir^h. TRE flxti, FAST ST EA MEE
jaBSpaC pILOT BOY. Captam Fm PECK. wUl
leave Charleston rn Mo -DAY aud lcm:OAT MOEN
mas at ?lgbt n'c'.cck BeUarning, will lua.ee .avannah
IUESDAT MOBN?SOJ at right u'okvk, and EQIDAT
AFTERS > m at 1'wo o'clock, toailuo,; it .^dtstoon
incasDAT trip from Charleston, at cv n A. M.,
und leaving Kula.o at Niuo A. M, ?'ATcauM, oare?
turn trip. *
ihe steamer will touchai Bhiffoa aaJ o'.m's,
eauh way, everv iwo wenba eoaimnuci . ! w'th trip
of Jauuary 21st, aud at Bocltvill J ever/ .'JC: <DAT.
For freight or Pasaaga upn'v io
January ll Accou-tt da :n : Wharf,
KOK I'ALAl'Kn, Ki ,
VIA HAVANNAH, F?hNsNJ.??>^ \KD .'&0K3O5
. ??T^v THE FIBM-CA^i i%T3*?88
Hfemai7DICTATOR. Captiiia i. Si. ' .''XETTEB,
Entwarn Charleston evw ..-'--r, in?, at
Eigut o'ct.'ck, tor the abovf pctttt^
The ?.-atrCi.iss <io?me? J! . '., '-. ".'a 0 Wit.
'. MCNELTY:, will mil :.- in nb ;r!c<Lin every Satur?
day Earning, 3- tight .'. at-.v,vuj:-iM.
conc-'Cti'W witt th- .' una' Rail: ul at ?iva moa,
for Moiril?aid Ne . O'lcta-^ ami wid. tn,e Klonda
ftai'.iuad at Ferne;!(ila.i fir Cacuv Keys, at which
point sieamsM eoauoct wttlt Si jCirteJU. Mobile,
Peuraeo n. Key w? xa ? H-vana.
XbrouL'h hila-1 adln c gi ?eu ?>? rraijh?rto Mobile,
t'?nsaco'? aud V.-.V ' .?' leans.
?o'.'i ?tra.n,z<-? a oucSitM wi'.k II. ii. IT:r?i steam
cm Oc?iwaka i"U"' Griffin fr ,'Ulcir 8?>>-uifH uni Lakes,
GrijfUs. .?.'ai.'?--, ./'<;. ?: and Dnrhan,
i?: :r.--_i ". . >a-ie ..:i thowliarf.
..TUij.is Lot rcraovctl at attuset wlii u? steted ot risk
:d ? t?-1:.-" o: ?W..IJ!*.
:-u. Freigb! orEa?sog? enm-semc t. :.. i?\- to
j. TJ. ?KES S fr% ?-nw,'
-.."uh nrJ:mll . Waarft
N. ?-".fo'--.tricharge f?M*,'.? 2; J ?.w:?-jom3.
November 21 J