Newspaper Page Text
VOLUME VIII.-NUMBER 1235.
CHARLESTON, TUESDAY MORNING, DECEMBER 7, 1869.
SIX DOLLARS A YEAR.
REPORTS EROX COLUMBIA.
Tike Ashley Bridge Company-One Mil?
lion for Leslie's Land Commission
Postponement of the Election for As?
sociate Justice-Higher Salaries to be
given thc Judges-Thc State Con?
stables not to Kn joy Immunity from
Arrest, die., &c.
fSPTCIAL TELEGRAM TO TUB NB WK.]
COLOMBIA, December 6.
ID the House, the bill to provide for the pay
meat of the principal and In te reut of tbe bonds
and stocks of tbe State in coin, which had been
mode the special order, was discussed, but sub?
sequently postponed to Wednesday.
The bill to authorize the purchase of property
and rights of the "Columbia Bridge Company,
aad to grant aid in the construction of a free
bridge over the Congaree River," was recom?
Tbe following notices of bills were given: By
Simons, to provide a system of apprenticeship;
hy Thomas, to recharter bridges in Cypress
Swamp, connecting Charleston and Colleton
Counties; by Whipper, providing for the right of
way over the Charleston and Savannah Railroad.
Bills were passed to reg?late the manner of
Belling lands at public sale; to amend the law
relative to the recording of mortgages and bills.
The following received their first reading: To
appropriate one million of dollars to buy land ;
te authorize the levying of a special tax to build
a courthouse at Beaufort; to authorize a creditor
to sell certain evidences of indebtedness.
The House refused to concur la the Senate
amendment to go Into an election for Associate
Justice en the gist of December.
In the Senate the report of the committee on a
bil to authorize the lease of certain land on Bd
toto Island, and the report of thc Committee on
the Judiciary on a bill to Incorporate the Ashley
Bridge Company, were referred to the Committee
an County Offices.
A resolution (by Hayne) to authorize the Com?
mittee on Incorporations to employ clerks was
A bili (try Corbin) to protect the rights of per?
sons lawfully In possession of 'ands and tene?
ments, and a bili (by Wlmbosh) to prevent official
misconduct hy county officers, vere both passed.
The bill to Incorporate the Claflln University
was Inferred to the Committee on ?ublic Landa.
A petition from thc Sisters or Our Lady of
Mercy for incorporation was presented by Corbin
and referred to the Committee on Incorpora?
The Judiciary Committee recommended that the
salary of the Judges of the Supreme Court and
.he Judges of the First Circuit be $5000. They
also recommended that the bill to prevent the
arrest of State constables do not pass.
Coln gave notice that he would introduce a bill
to protect the depositors of savings and trust com?
panies, and secure the same by the Institution de?
positing securities with the State Treasurer, the
securities to be State bonds and stocks.
Greene Introduced a bill, which received ita first
reading, to make an appropriation for the per
diem of the members, the salaries of thc
officers, and other Incidental expenses.
The Judiciary Committee reported upon sec?
tion thirteen of a biU to revise, simplify and
abridge the rules of practice, pleadings and
forms of the oonrts of the State, recommending
that four terms of tho Supreme Court be held
every year-one In Charleston, one In Columbia,
one la Sunter and one In Greenville. The argu?
ment used In support of this recommendation
states that as the new code will be new to the
people of the State, lt ls therefore subject to
various constructions la the Circuit Courts, and
as Ute Supreme Court roust eventually de?
termine all questions In order to have a
uniformity of practico throughout the State,
it should be more accessible to the
people. These questions will arise in both
large and small eases, and the court should be
eonvealent to hear ali appeals at as little expense
ai possible. lt should be the policy of the gov?
ernment to bring the conrts near to the people,
and to make justice oheap os possible. Becansc
of the expense, many cases are not brought be?
fore tte feu preme Court at Columbia, especially
those near the seacoast and in the western sec?
tions. TO get a Charleston case to Columbia
would cost from $500 to $1000, while from Colum?
bia and the adjoining counties, from $100 to $300.
The litigants from Charleston can alone afford to
pay the salaries of thc judges.
THU STATE LEGISLATURE.
MORE TRICKS OP TRADE.
A Ohanoo for Whitcwashers-Tho Land
Commission - Balls and Legislative
Halla-War Coming -The Insurance
Com pani ci' Bill at High Pressure.
[PROM OVB OWN CORRESPONDENT.]
A LOST OPPORTUNITY.
It IM generally known that there are a great
many reports In circulation regarding the oper.
allons of the Land Commission, and any op?
portunity for quieting them and giving tho
Land Commission a glossing over, vulgarly
called a "whitewashing," shook] not be lost
by those interested-but it was. Ic tho House,
yesterday, Burrel James, colored, introduced
a concurrent resolution, reading as follows :
Tyhereos, Al the regular session of the I/'K
ielnturc of 1868 Cn appropriation of two hun?
dred thonsind dollars in the bonds of thc
State was marie tor the purchase of the lands
In tbe Mate, in order that the poor and land?
less might, have the same placed within their
reach; and whereas, it ls necessary that this
Legislature, In ord?r to know what further
legislation is required on this subject, should
thoroughly understand thc workings and know
what has buen accomplished by said board; be
Resolv?d, by tho Mouse of Representatives,
the 8enate concurring. That Hie Board of Land
Commissioners be requested to report, for the
information of this body, first, how much land
has boen purchased; second, at what cost;
third, on what conditions; fourth, how disposed
Of; ?Tth, where wich lands are situated; ?ixth,
what was the CJJL of the ros? -ctive traen.
Th? resolution was adopted without much
debate, and s;-nt into the Senate and read.
Leslie, who l3 the chief cook of the charitable
Institution referred to, 6aid the law required
him to make a report nnuunlly. The bonds
referred to were not executed by the advisory
boagri unlil the middle of September, and not
one doliar or one cent v as la his hands for tho
purchase oflands until nearly thc first of (
tor. Since then about forty thousand a
have buen purchased. He was not prep
to report then, nor was the advisory board
fact, thc board had nothing to do with it;
if the resolution was concurred in and
to thc board, they would most probably re
lt with thc statement that it was
their business. He would move that
resolution bc laid over for two weeks, by w
time he would be ready to report. On mc
of Jillson, it was ordered that the Land C
missioner be instructed to report on or be
the first ol January. If a few of the sena
had not been so anxious about letting
Land Commissioner have his own way,
resolution would have been sent to the ad
ory board, the result of which, most probs
would have been a whitewashing rer.
which would have forever set at re9t UH
port in circulation among envious Radica
and have accomplished that, doubtless, rr
to bo desired cud, much better than the n
elaborate report from the Land Commissk
WORK FOR A I.I. TO DO.
A resolution, offered by .Hilson a few d
ago, relative to the attaches of the Sen
with a view ol decreasing the number,
referred to thc Finance Committee, which
ported yesterday that there were sevent
j in all-one chief clerk, one assistant clerk,
reading clerk, one clerk to the Committee
the Judiciary, one scrgeant-at-arm9, two d
keepers, three messengers, two porters
seven pages. Thc committee being of
opinion that thi3 number is "necessary
the proper oare of thc Senate and attentio
the Benators," recommend that they be ret
ed, making thc recommendation from the 1
of there being a larger Senate house t
heretofore, and also the addition of commii
rooms, which require attention. In all th
are but four additional attaches to the ni
ber employed at thc last session. Thc rei
will be considered Monday.
LACK OF PUBLIC SPIRIT.
Th? Code of Procedure which Corbin, Mi
gomery and Whipper, after a year's sett!
hatched ont, is, as Corbin remarked, a "fc
bear to the Senate." It makes a very la
volume, and the senators are not anxious
wade through the various readings, ame
menta, substitutes, Ac, which are necess
before it bc made a law. Corbin has draw
np in the form of a "bill to revise, simplify i
abridge thc rules, practice, pleadings c
forms of the courts of thlB State," aud on W
nesday stated that lt seemed tobe imposai
to get thc members to take it np duriug
regular hours, and moved that night sessii
be held to specially consider it, commend
Thursday night. Thc motion was carr!
unanimously. Thursday night came. Lei
gave a ball. There was not a quorum in i
Senate chamber at tho hour appointed, a
the Sergeant-at-Arms was instructed to lc
np the absentees, and bring them into
Senate. He looked for them everywhere,
cepting at C?e place where he could find thee
at Leslie's ball-consequently the few who r
to attend to their duty had to. adjourn with?
accomplishing anything. Yesterday, wi
the hour to adjourn for the day arrived, Jol
son, colored, moved to adjourn until Mond
This brought Corbin to his feet. He si
he had one or two foolish ideas in his bei
and ono of them was that the senators w<
sent to the Legislature to work, but he regr
ted to seo a disposition on thc part of some
shirk their duty, aud he would give notice tl
unies? the senators were more regular in tb
attendance, ho would move to adopt soi
measure to punish them. Thc delinquci
"looked down in the mouth," and the looks
all betokened that they would be more put
tua! hereafter, and would even attend nig
sessions, whereat Corbin's faoe wore a ve
complacent look. The hour for thc night si
sion arrived, but unfortunately for tiie mei
hers the circus was In town, and it having mo
attractions than thc discussion of a "code
they went to see the Bawdust actors, leavli
Corbin again without a quorum.
"TUB CHICOS HAS ARROVR."
Robinson's Circus ls hore. It had a grai
street procession yesterday, and arrived ne:
the Statehonso just as thc members were sen
lng thcnse?voa and Inc Speaker getting rcac
to call them to order. Just at this point, D
Large walked In and said: "Mr. Speaker, tl
circus has arrove." The music of the bar
being distinctly heard, thus proving the trill
of thc assflcrtion, thc members almost in
mass arose and went to thc lobby windows I
get a good view of tho "magnificent display
rnospKCTS uv WAU.
At the hom- ol writing there appears to bc
slight prospect of war between the Senate an
House-tile casus MU being Richardson's Ri
j ports, a certain number of copies of which ll)
Senate authorized the Governor to purchase
The House did not concur in thc resolutio
authorizing the publication, which aroused th
ire of tho Senate, and, on motion, a cotnmitte
of conference was appointed to meet a simlla
committee from the House, aud ascertain th
"cause why" of such disagreement; where
upon the House, in a note, respectfully in
formed the honorable Senate that in answer t
the message from that honorable body, rc
questing the appointment of a committee c
conference In reference to Senate concurren
resolution to authorize the Governor to pur
chase certain copk'B of Richardson's Reports
it would respectfully request io bc informe,
whether that honorable body insists upon Uti
adoption of said resolution by this body, a
thl3 House docs not yet officially know wheth
cr or not there 1B any disagreement betweet
tho two Houses.
The reading of thc above in the Senate, yes
terday, occasioned a slight sensation, and nu
m?rous remarks were made, which, however
ceased when, on motion of Corbin, it waa rc
solved that a message be sent to the House In
forming that body that the Senate Insists upon
the concurrent resolution to authorize thc
Governor to purchase- certain copies of Rich?
ardson's Law and Equity Reportp, havo ap?
pointed a ooramittec ol' conference, and oaks
the appointment of a similar committee on thc
part of the House of Representativos.
I What effect this message has hud upon tho
Housu has nut transpired, jut lmportanl 6teps
are on foot, and lu a few days a war ol' words
may be declared. The senators, with Corbin
and Montgomery at their head, patiently await
the resuit. The Members knowlHg thal they
have a good Confederate soldier al their head,
who first 11 wont back" upon tile United Slater
flag for the Palmetto Hug. and then upon ibo
Palmetto for the United Suites Hag, feel eon
vinoed that they have a leader who will stand
by and stick to them, and do not fear the re?
sult; tnt are u little uneasy about their large
baggage train of offices, fearing that Corbiu,
by a fl ink movement, will get possession of
the wl;o!e ol' them, and thus weaken their in?
fluence und increase lils in a corresponding
Thero ia considerable manoeuvring among
the friends of both Judge OTT and Whipper.
Thc fr!*, nd* once fernier aro endeavoring to
delay Hie election to fill thc vacancy or
Supreme Bench, caused by the resignatk
H?ge, and the friends of the lader to ha
it. On yesterday a concurrent resolution
fered by E. J. Cain, colored, to meet inj
assembly on Monday, the GLh of Dcccmbe
elect an Associate Justice of thc Strpr
Court, was taken up in thc Ho
and after considerable opposition i
thc supporters of Judge Orr, it was,
motion of Fcriter, amended so as to r
"meet on Tuesday, the 7th,'' then adopted
sent into the Senate. Hay ne, colored, at (
moved that it bc amended so as to read, "n
on Tuesday, the 21st December," which
accepted, and the resolution adopted. '
delays the election for two weeks, by wi
time the friend ?> of Judge Orr will probabl;
able to put him in nomination with some lu
of success; as U is now he would make a i
poor run against Whipper.
THE NEW INSURANCE COMPANY.
Wright, from thc Senate Committee on
corporations, to whom was referred a bil
incorporate thc Policy-holders' Life and 1
! tine Assurance Company, reported yesterc
and recommended that section 3, second pi
graph, be amended to read as follows: "'
board of trustees shall consist of not less t
thirty-six persons, a majority of whom shal
residents of Hie Sute of South Carolina, i
not more .han one-half of those residing in
State shall be residents ot the City of Char
ton, and no one shall bc a trustee who is
a policy-holder in the company,*' and that
bill, so amended, do pass. It was ordered
consideration to-day, but owing to the presj
other business it was not taken un.
Frequently if happens thal a child befon
is christened has some pe?name given it wh
clings to it through life, despite th? bene
of the christening. But we hope such will
be the case with a bill which was pusl
through the Senate to-day in a mannor wh
gave thc spectators an idea that several r
sons present were deeply interested in
passage. It has been given the pet ?amo c
"bill to better protect the holders of I nsurai
policies in this State," when it phould really
called a "bill to make a demand
thc bonds and stock? of the Stn
thereby increasing their value and giv
an opportunity to the bondholders
sell out at an advantage ;" and we trust t
when the time comes to christen lt-maki
an act-the senators will see that It is prone
named. To let lt retain its present name v
only be to habit it with very flimsy materia
so flimsy that all thc movements of its bc
may bc seen, so that none will be deceiv
and make those upon whom thc bill was to
palmed off as something to benefit them, oi
despise the creators-even though they
benefittcd by it.
But to the bill and the manner il was hi
ried through tho Senate. Yesterday Let
asked and readily obtained leave lo introdn
without previous notice, a "bill to better p
tect holders of insurance policies of this Stat
saying that it was a "matter important to t
credit of the State and to every citizen ol t
Stat"." The bill received its first reading, a
was ordered to be printed for consid?r?t!
It provides that no company or associai 1
which is now organized, or which may
hereafter organized, in this State to carry
the business ol' Insurance of any kind sh
proceed further with business, or to businei
(as thc case may be,) until they have depos
ed with the Comptroller-General ot the Sui
bonds or stocks ol'thc State equal to the sn
ot lilly thousand dollars, par value, for ea
life insurance company or association, ai
twenty thousand dollars, pur value, for ea
other instirunce company or association: th
the Comptroller-General shall hold such bon
or stocks as security for policy-holders in sa
company or association; but as long as ai
company or as.sociationsodeposillug shall co
tluue solvent, he muy permit such company
collect and receive the interest on the bom
or slocks so deposited; that after such depos
has been made il shall become h
duty to furnish the association or corporatk
wini a certificate ol such deposit, which ceri
ficate, or duplicate thereof, ccrtitled by tl
Comptroller-General, may be used In, and I
evidence for and against Hie corporation in s
suits; that it shall not be lawful for any perse
or p mons, corporation or corporations, assi
dallon or associations, to act within this Slat
as agent or otherwise, in receiving or procu
lng applications for insurance ol' any kind (
kinds, or in any manner to solicit any oue I
insure, or in any manner to aid in transact)n
the business of Insurance, ol'any kind or kind
lor any company or association incorp?rale
by or organizo J under the laws ol' lins or an
olher Slate government, or any foreign gm
eminent, until such company or associ:
tion have deposited willi thu Coinptrollei
General of this Slate, for the benefit (
the policy-holders of such company or ussr
elation, citizens or residents ot' Ute Unite
States, bonds or stocks nf this Slate equal t
the Bum ol' tilly thousand dollars, par value
for cash life insurance company or associa
lion, and twenty thousand dollars, par valut
for cadi other Insurance company or associa
tion; but so long as any company or asso'.iii
tion su depositing shah continue solvent, Hi
Comptroller-General may permit such compon;
or association to collect and receive the inter
est on the bonds or stocks so deposited, am
have appointed an attorney in this Stale oi
whom process of law can bc served; und sah
attorney shall have filed with the Comptroller
Genend a certified copy of the charier ol' sail
company or association, and also a CCItifiet
copy ot the voto or resolution ol' ihc trustee)
or directors of such company or assoclatlei
appointiiiic him ibo attorney ol' such company
which appointment shall continue unti
another attorney be substituted, which shal
be done upon thc death, removal or incapacity
to act of snell attorney, or may be done by
Buch company or association ni nny time; thal
when the foregoing requirements, and such
other requirements as ure now or may hero
aller bo required hy law, shall have been com?
plied willi, the Comptroller-General shall give
a certificate to that effect, and also state thc
natue of the attorney, which certificate, when
tiled in tho county clerk's office of the County
where tho agency is to be located, shall bo thc
authority to commence business; that every
violai ion ol' t.liis ?iel shall subject the compand?
or association, or agent or agents, violating,
jointly ?md severally, to a penalty ol five hun?
dred dollars for cadi violation, which shu!)
bo sued fur tmJ recovered in a Joint ur
several civil aciion in thc name of Ute State
of 8outh Carolina, oy the solicitor of the eir
CUlt in wiiicli the company or association, or
agent or ngenLs, sn violating, shall be situated.
One-half ol such penally,' when recovered,
shall be paid in.io thu county treasury of such
county, and tho other half lo the informer of
such violation; and in case of the non-payment
of sue!) penally, tho person or persons so o:
feUding shall bo liable to imprisonment for a
period :ioL exceeding one year, in Hie discre?
tion of the court having cognizance thereof;
timi tho Comptroller-General shall safely und
separately keep tho bonis or stocks of each
company o.- association, and shall return the
identical bonds or stocks received; ?md during
Hut usual nineo hours shall keep I ho bunds or
stocks subject to examination ol the represen?
tative of any company or association having
made a deposit, as required by this act, und
the State shall bo responsible lor the return of
?ill of said bonds or stocks by the Comptroller
General; (hat (his act shall lake effect iu sixty
days after its passage.
HOW LESLIE EXPOSES TDK PLAN.
To-day, after considerable business was dis?
posed of and the senators were desirous ol ad
jnurning, Leslie moved that the bill bu taken
up ?md referred to tho Committee on Judi?
ciary : which motion wa3 carried, and tho bill
KO referred, i. e., Corbin took possession of it
The Senate was amused a short while in u dis?
cussion upon soine unimportant measure,
which Ca: bin Interrupted by rising and say?
ing (hut the Committee on Judiciary tu whom
was referred th-: blil "to better," Ac, luid Had
tho *...\ie uuder consid?ration, cud rocom
mended that it do pas?. On motion of Leslie, thc
report of the committee wa.? tabled and the bill
taken np for its second reading. The clerk pro?
ceeded to read it through before reading it by
sections, as was usual, but upon motion it waa
decided to read it by sections at once, which
was done, and each one adopted without dis?
cussion, Jillson now and then, however, ex?
pressing disgust at having the matter hurried
through a8itwas. When it came to a vote upon
the section attached to all bills, providing that
all acts and pnrts of acts inconsistent or con?
flicting with this act, Ac, Ac, be repealed,
Jillson moved to strike lt out on thc ground
that lt was useless.
Corbin said he was willing, but Leslie ob?
jected, saying that it was an attempt to defeat
the bill. The bill had been carefully drawn up
by the Attorney-General, and everything In lt
mu6t, consequently, be correct; and if any sec?
tion or clause were stricken out, lt might cause
Jillson persisted in his motion, and further
opposition being made by Lesli?, called for the
yeas and nays upon his morion. This caused
Leslie to become irritated, and, with a vexed
tone of voice, said: "Why not defeat the bill at
once. There is not a quorum present, and thc
call of the House will show it. Do not persist
In your call; lt will defeat the bill after it has
nearly passed. This 1B a bill of the ut?
most importance. There are now In New York
three millions of State bonds held as collater?
als for money borrowed at 65 per cent. If we
pass this bill it will cause ft demand for the
State bonds and stocks, and their value" - .
Jillson intcrrunted the speaker, by saying:
"This is to benefit the bond, instead of the
policy-holders, is lt?'1 Nash, (colored,) who
had been waiting for an opportunity to speak,
took advantage ot this lull in the speaking, to
say that he understood that there was not a
quorum present, and he thought, it best to
have a call of the House to ascertain if he had
understood aright; whereupon Corbin (by
whom Kimpton had been sitting from thc time
the bill was brought up) remarked: "Oh, no,
don't have a call ol'the House, wc haven't been
officially informed that there ls uot a quorum;
some say there isn't a quorum, and (with a
smile,) 1 will say there Ls. Now don't have a
call ot the House."
Jillson Insisted upon his motion for a call
being made, ami a vole was taken, which re?
sulted in its defeat; blithe called for a division,
witt the same result. When those who op
posed the motion for a call were requested to
stand up, Cain, colored, slowly arose, saying
he dldnt think he understood the motion, to
which Corbin remarked, "that makes no
difference, so you stand up,* and he stood up.
Finally, lt was voted that thc section should
remain as lt was ordered, that the bill should
be engrossed for Its third reading on Monday.
By request of Jillson, his name was recorded
as voting against the passage of the bill, as he
objected to anything being "shoved through
the Senate In such high pressure style."
There are several Insurance companies re?
presented here, and lt ls understood that they
propose to light the bill when it goes to thc
SPARTAN OL'KO AND CNION RA IT. HOAD.
To-day, in thc Senate, general order No. 7
a concurrent resolution to appoint proxies to
represent State stock In the Sparlanburg and
Union Railroad Company-was taken up on
motion of Hilvue, who also moved that In
place of the names of E. S. J. Haync, Geo. W.
H. Legg aud Alfred Tolleson. who were ap?
pointed proxies lor thc Sparlanburg aud Union
Railroad Company last, the names of W. IL
Hoyt, W. E. Hose and Joseph Crews be sub?
stituted. The motion was unanimously adopt?
TIII2 COLUMBIA CANAL.
A bill entitled "An act to amend an act to
authorise the salo of the Columbia Canal,'"
was introduced In the Senate to-day by Swails,
received its first reading, and was ordered to
be printed for couslderalion Monday. It pro?
vides that Governor Scott, Charles W. Wilder
and Robert N. Lewis be constituted a com?
mission to sell all right, title and Interest of
tho State In the Columbia Canal upon condi?
tion that tho purchaser or purchasers shall,
within ten years alter the 1st ol' March, 1870,
complele Hie widening and deepening of tho
canal to at least twice its original capacity ;
that lt shall always he kept open and in
proper order for boating purposes, (free
ol' all charges for toll or otherwise,)
us far as the same ls now used; that the water
shall not bo allowed to become stagnant, nor
be used for other than hyJintilic purposes; that
the widening and deepening shall bo com?
menced on or before the said date, and the
sum of iI0,0U0 shall be expended upon it with?
in twelve months aller said date; that In case
the conditions aro violated tho title of the
canal shall revert to the State, and that the
deed heretofore conveyed by the Slate shall bo
deemed good und valid, provided the pur?
chaser file with the Secretary ol State and the
Clerk ol' the Court of Common Pleas his writ?
ten assent to tho conditions expressed in this
This bill Is, of course, the work of the agent
of Spraguo. It looks like he Intended to com?
mence work on that long-neglected canal.
ANOTHER RADICAL PODGE.
Mention haa been already made ot ii bill pro?
viding for un extension ol'I he limits of tho City
of Columbia. This extension wUl take in all
of the Burbtirba whore there is u largo number
of negroes, Hms giving them tho legal rightto
vote in thc eily elections. Tho eily now has a
small Democratic majority, and lt ls under?
stood that the sole object ol' tho bill Is tu
break down this majority by bringing Into tho
city, by extending Its limits, a sufficient num?
ber ol Radical voters. If rumor bo true, there
will bo a bill introduced this session to ex?
tend the city limits of Charleston-the Radicals
hoping thereby to bring in (legally) n suffi?
cient number, with the James' Islauders, Io de?
feat the Democratic candidates at the coming
municipal election. L.
WASHINGTON, December o.
Congress met lo-?ay.
In thc House, Buckley aud linell, of Alabama,
I were admitted. Shcward and Dock, of Alabama,
approached the bar, but objection was made to
their admission. A recess was tlicu taken to half
past 2 o'clock.
in thc Senate, Morton introduced a bill to re?
construct Gcorgi.i. Tim petitions of the Virginia
senators were presented, and laid ou tlie table.
Cameron presented a petition for the recognition
of Cuba, und spoke warmly in its favor. Drake
presented a bili restraining the Federal Courts.
In the House, a resolution was introduced by
Farnsworth, or Illiuois, mr the immediate resto?
ration of Virginia. After some skirmishing, the
resolution was referred lo thc Reconstruction
Committee. This action ls regarded as unfavor?
able to Virginia.
The cases or Sherwood and Uox were referred
to the Committee o:i Elections.
lu the Senate, Stewart Introduced a resolution
providing for the removal or all political disabili?
ties upon the ra ti il lotion of the Fifteenth amend?
A bill to enforce a republican form of govern?
ment i:i Georgia was postponed lo Wednesday
next. This bill raqttlret that Gc tr"'i:i shall ratify
Hie Fifteenth amendmsot. Tuccloac of the court
renders dc raiiihution of the amendment by
Georgia necessary to its adoption.
Tho part or the message urging additional ie;ru
lotion for Georgia elicited applause, while that
section urging the early admission of Virginia
was read silently, and lt is apprehended Hutt
Southern Conservatives 'nave been over sanguine.
Secretary Itoutwcll'a views oro clearly adopted
by th ; President's message, and a synopsis would
bo a repetition.
Several nominations were sent to Hie Sjiiate or
those appointed during the recess.
SPARKS PROM TUE WIRES.
Thc first freighted vessel which passed
through tho Suez Canal foundered in thc Red Sea.
Two negro Aldermen were arrested lu Mont?
Nothing definite is known of thc result of the
Texas election*. Partial return* indicate the
election or Clark, Radical, in the Talrd, and
Haynes. Conservative, in tin Pmrth District. A
dispatch from Austin says that Hamilton ls
elected, and that thc Legislature will ratify lae
Fifteenth um ulm nr.
-Tim ' Black Croik" ls soon to bc rovlved at
FROM TUE NATIONAL CAPITAL.
Grant'? Views on tho Cuban Question
Denounce:!-Opposition to Boutwell's
Financial Schemes-The Vacancy on
thc Supreme Bench.
[SPECIAL TELEGRAM TO TBE NEWS.]
WASHINGTON. December fi.
The Republican members generally denounce
the sections of the President's message referring
Secretary Boutwell's plan to create a 4>i per
cent, fifteen year loan, to fund thc debt and to
contract the currency at the rate of two millions
per month, meets with universal opposition from
Southern and Western members.
There are indications that Judge Erskine, of
Georgia, will be placed on the Supreme Bench, In?
stead of Attorney-General Hoar.
I FROM TUE ASSOCIATED PRESS.]
WASHINGTON, December 0.
A vigorous fight ls pending over the private
claims, the contestants holding that a repudia
tlon of these will give thc cue to repudiation of
the national dcb'..
It ls stated on thc best authority that the Judge?
ship of thc Fifth Circuit baa never been oniclally
tendered to Judge Durant, who, therefore, has
never declined thc position.
THE PRESIDENT'S MESSAGE.
Thc President's message was delivered to
both Houses of Congress to-day, and ls as fol?
Tv the Senate ana House of Representatives :
In coming before you for the first time as the
Chief Magistrate of a great nation, lt is with
gratitude to the Giver of All Good for the many
benefits wo enjoy. We aro blessed with peace at
home, without entangling alliances abroad to
forebode trouble, with a territory unsurpassed In
fertility, and of area equal to the abundant sup?
port of five hundred millions of people, abound?
ing in every variety of useful mineral, In quantity
sufllclent to supply the world for generations,
with exuberant crops, with a variety of climate
adapted to the production of every species of the
earth's riches, suited to the habits, tastes and re?
quirements of every living thing. We have a
population of forty millions of free people
speaking ono language. We have facilities
for every mortal to acquire an education;
our institutions closing to none the ave?
nues to fame, or any blessing of fortune
that may be coveted. Freedom of the pulpit,
press and schools; a revenue flowing into the
National Treasury beyond the requirements of
the government. Happily, harmony is being
rapidly restored within our owu borders. Man?
ufactures, hitherto uuknowu In our country, are
springing up lu all sections, producing a degree of
national Independence unequalled by any other
power. These blessings, ami countless others,
arc entrusted to your care and minc for safe?
keeping, for the brief period of our tenure ol
ofllce. In a short time we must each of us return
to the ranks of thc people who have conferred
our honors, and account to them for our steward?
ship. I earnestly desire that neither you nor I
may bc condemned by a free and enlightened
constituency, nor by our own consciences.
Emerging from a rebellion of gigantic magni?
tude, aided, us it was, by thc sympathies and as?
sistance of nations with which we were at peace,
eleven States of the Union were, four years ano,
left without legal State governments. A national
debt had been contracted; American commerce
was almost driven from the seas; thc Industry ot
one-half of thc country had been taken from Hie
control of thc capitalist, and placed where all
labor right fully belongs-in the keeping or tho la?
borer. Thc work of restoring State governments
loyal to thc Union, of protecting and rostering
free labor, of providing means for paying thc in?
terest on the public debt, has received ?imple at?
tention from Congress. Although your efforts
has not met with success in all particu?
lars that might have been desired, yet, on the
whole, they have been moro successful than could
have been reasonably anticipated. Seven States
which passed ordinances of secession have been
fully restored to their places In the Union; the
eighth, Georgia, held an election at which she rat?
ified her constitution, republican in form, elected
a Governor, members o? Congress, a Stale Legis?
lature, aud oilier officers required. The Governor
was installed; thc Legislature met aud performed
all Hie acta Uten required of them by tho Recon?
struction acts of Congress. Subs?quent ly, how?
ever, In violation of the constitution which they
hail just ratified, as since decided by the Supreme
Court of thc State, they unstated the colored
members of thc Legislature, and ad mi: lcd to
seals some members who tire disqualified by the
t lird clause of thc Fourteenth amendment, an ar?
ticle which they themselves had contributed to
ratiry. Under thesa circumstances I would sub?
mit to you whet ncr it would not be wise, without
delay, to cuacta law authorizing the Governor of
Georgia lo convene the members originally elected
to thc Legislature, requiring cacti to take thc oath
prescribed by tho Ilecoiistruction acts, and none
to be admitted who are Ineligible nuder thc lliird
clause of Hie Fourteenth amendment.
The freedmen, under Hie protection which they
have received, aro making rapid progress in
learning, and no complaints arc heard of lack of
Industry ou their part, when they receive fair re?
muneration Tor their labor.
Tile means provided for payiug thc Interest on
thc public debt, with all oilier expenses of the
government, aro moro than umplc. Loss of our
cominero"! ls only the result of tho late rebellion,
which bas not received sufficient attention from
yon. To this subject 1 call your earnest atten?
tion. I will noi now suggest plans by which this
object may bo effected, but will, if necessary,
make it tho subject ol' a special message, durlug
tho session of Congress.
At the Mareil term, Congress, by a joint resolu?
tion, authorized thc Executive to order elections
in thc States of Virginia, Mississippi and Texas,
to submit Hi; new eoiistltut.ous which each
bau previously framed, and to submit the consti?
tutions cither entire orin separate part?, to be
voted upon at the discretion of the Executive.
Under U:iJ authority tho elections wore called,
lu Virgula Hie election took place on tho otb of
July. Tito Governor ami Licotenant-Governor
have been Installed. Thc Legislatura niel ami
did ul! required by this resolution and by all the
reconstruction acts of Congress, nnd abstained
fruin all doubtful authority. I recommend that
her senators and representatives be promptly ad?
mitted to their seats, and that the Slate be fully
restored to its place In tho family of Stales.
MISSISSIPPI AND TEXAS.
Flections were called 11 Mississippi and Texas,
to commence on the :?Ot!i November; two days in
Mississippi and 'our days in Texas. Tin: elections
lineo taken place, but thc result ls not known.
Ula hoped that the acts of the Legislatures of
these States, when they meet, will besuch BS to
receive your approval, and thus dose tho work of
Tl!? CURRENCY AND DEUT.
Among tho evils ?rowing out of tho rebellion,
and not yet- referred to. ls that of au Irredeemable
currency, lt ls an evil which 1 hope will receive
ymir most earnest attention. lt ls a duty, ami
one of the highest duties of a government, to
secure to the citizen a medium of exchange of fix?
ed and unvarying valu?. This implies a return
to a spcsle basis, and no substitute for lt can bc
devised, lt shoal.! be commenced no v und reach?
ed a*. Hts earliest practicable moment, consistent
with a Hur regara lo me interests 01 mc u
class. Immediate resumption, ii' practic
would not bc desirable. It would compc
debtor class to pa7 beyond their contradi
premium on gold at the date of their pure
and would bring bankruptcy and rnln to
sands. Fluctuations, however, in the paper1
of the measure of all values-gold-Is detrim
to thc Interest of trade, lt makes the ma
business an involuntary gambler, for in all
where future payment Is to be made, both pn
speculate as to what will be the value o
currency to be paid and received. I i
cstly recommend to you, thou, such lcj
tion as will insure a gradual return
specie payments, and put an Immediate sti
fluctuations In the vnluc of the currency,
methods to secure the former of these result
as numerous asspcculatois on political ccon<
To secure thc latter I see but one way, and
Lst to authorize Hie treasury to redeem Its
paper at a fixed price, whenever presented,
to withhold from circulation all currency s
deemed until sold again for gold. The van
sources of the nation, both developed and
developed, ought to make our credit
best on earth. With a less arden of t
tion than the citizen bas endured for
years past, the entire public debt could bc
in ten years. But lt is not desirable that thc
pie should be taxed to pay it in that time,
by year thc ability to pay increases mar
ratio, but thc burden of interest ought to b
il need as rapidly as it can be without a viola
of contract. The public debt is represente'
great part by bonds having from five to twi
and from ten to forty years to run, bearlui
terest at the rate of six and five percent, rcs
tivcly. It ls optional with the government to
these bouda at any period after the ex]
tion of thc least time mentioned upon t
face. The time has already expired when a g
part may bc taken up, and ls rapidly appro
lng when all may be. It is believed that all w
are l?ow due may bc replaced by bouds bear!
rate of Interest not exceeding four and a hall
cent., and as rapidly as the remainder bec
due that they may be replaced In the same v
To accomplish this, lt may be necessary tc
thorlze tho Interest to be paid at cither Hire?
four of the money centre? of Europe, or by
assistant treasurer of thc United States, at
option of the holder of the bonds. I suggest
subject for the consideration of Congress,
also simultaneously with this, the proprlet
redeeming our currency, as before suggestei
Its market value, at the time thc law goes
The subject of the tariff and Internal taxa
will necessarily receive your attention. The r
nues of thc country arc greater than its rcqi
menta, and may with safety bc reduced; but
thc funding of thc debt in a four and a four-i
a-half per cent, loan would reduce the am
current expenses largely, thus, after funding,
tifylug a greater reduction of taxation than wt
bc now expedient, I suggest the postponemen
this question until thc next meeting of Congr
It may be advisable to modify taxation and
tarter in instances where nnjust or burdens!
discriminations are made.by present laws;
a general revision of thc laws regulating this t
jed I recommend to be postponed for the presi
I also suggest the renewal of the taxation of
comes, but at a reduced rate, say three per ce
and this tax to expire In three years. With
funding of thc national debt, as hercsuggesi
I feel safe In saying that taxes and revenue fi
Imports may be reduced safely from sixty
eighty millions per annum at once, and may
still further reduced from year to year as thc
sources of the country arc developed.
WAYS AND MEANS.
Thc report of the Secretary of the Treas
shows thc receipts of the government for
Uscal year ending 39th June to be $370,943,7
expenditures, including interest, bounties, <!
to bc $331,490,607. The estimates for thc enau
year are more favorable to thc government, i
will, no doubt, show a much larger decrease
thc public debt. Thc receipts in tlieTrcasi
beyond the expenditures have exceeded
amount necessary to place to the credit of
sinking fund, as provided hy law. To lock up
surplus in the Treasury and withhold it from i
CU lotion would lead to sueti a contraction of
currency as to cripple trade and seriously air
thc prosperity of the country. Under these I
cumstanccs, thc Secretary of the Treasury a
myself heartily concurred in the propriety
Using all thc surplus currency lu Hie Treasury
thc purchase or government bonds, thus reduci
tlic interest-bearing Indebtedness of the count
and of submitting to Congress thc questi
of thc disposition to bc made of thc bonds so p
chased. Thc bonds now held by the Trcasr
amount to $75,000,000, including those belongl
lo the sinking fund. 1 recommend that I
whole bc plf.ccd to the credit of thc sinking fur
Your attention ls respectfully invited to t
recommendations of the secretary of the Treosi
for thc creation of the olllcc of Commissioner
Customs and Revenue, and for the increase
certain classes of officials, and the suljstltutl
of increased national bank circulation to repla
the outstanding three per cent, certificates, a
most especially to his recommendation for thc :
peal of the laws allowing a share of Unes, pen
ties, forfeitures, Ac, to officers of thc govcrnmc
or to informers.
The ellice of Commissioner of Internal Rev
nue is one of thc m ist arduous and responsll
under the government. It falls Utile short of
Cabinet position in its importance and respon
Mittles. I would ask for lt, therefore, such legi
talion as In your judgment will place the oOl
upon a footing of dignity commensurate with i
importance, and with thc character and the qm
ideations of thc class of men required to lill
As the United Slates is Hie freest of all nation
so, too, its people sympalhi/.c with all peopl
struggling for liberty and self-government. Iii
while BO sympathizing, lt Is due tn our honor tin
wc should abstain from enforcing our views upc
unwilling nations, und from taking an interesa
part, without invitation, in quarrels between di
feretit nations, or between governments and the
subjects. Our course should always be lu coi
fortuity with strict justice aud law, Intcrnallom
and local. Such has been thc policy of thc at
ministration in dealing with these questions,
For more than a year, a valuable province c
Spain, and anear neighbor of ours," lu whom al
our people cannot but Icc! deep interest, hashed
struggling for independence and freedom. Th
people and Government of tho United states cu
tcrtain the same warm feelings and sympathie
for i lie people of Culta In their pouding struagli
that they manifested throughout tho prcvloii:
struggles lie: ween Spain and her former colonies
in behalf of the latter. Rut Hie comest has at in
lime assumed conditions which amount lo wai
in the sense of international law, or which wonlt
show Hie existence of a Oe facto political organ!
zaiiun ol' insurgents, sufficient to justify a recog
nilton of belligerency. The principle is main
talncil, however, ihat this nation ls lis own judge
when io accord rights of belligerency, cither toa
people straggling to free themselves from a
government they believe to he oppressive, or tu
independent nations at war with each other.
Tho United Stales has no disposition to interfere
with Hie existing relations of Spain lo her colo?
nial possessions on this continent. They believe
that in due time Spain and other European
powers will ilmi their interest in terminating
those relations aud establishing their present de?
pendencies as Independent powers. These depen
denc cs are no longer n garded ne subject to trans?
fer from one European power to mininer. When
the pre-cut relation ni thc colonies ceases
ihoy arc to become Independent powers,
exercising Hie right of choice anti of self
aontrol In thc determination of their future
condition and relations vi Uh other power-?. The
i nn i'd DUUCS, in ir.uer KI pui. u mup iu vivuuo?
in Cuba, and in the interest of a neighboring pei
pie, proposed its good oillces to bring the exis tin,
contest to a termination. The offer not being ac
cepted by Spain on the basia which we believe*
could be received by Cuba, was withdrawn, lt i
hoped that the good ofllces of the United State
may yet prove advantageous for thesettlemen
of this unhappy strife, lleauwhlle, a number ?
illegal expeditions against Cuba have been brokei
up. It bas been the endeavor of the administra
tion to execute thc neutrality law, no matter ho*
unpleasant the task, made so by the suffering w
have endured from a lack of the like good faitl
towards us by other nations.
On thc 28th of March last, the United Statei
schooner "Lizzie Major" was arrested on th?
high seas by a Spanish frigate, and two passen
gers taken and carried prisoners : > Cuba. Re?
presentations or these facta were made to th?
Spanish Government as soon as tl e official infor?
mation reached Washington. r lie two passen?
gers were set at liberty, and thr Spanish Govern?
ment assured the United staf s that the captain
of the frigate in making thr capture had acted
without law, that he had b .en reprimanded, and
that the Spanish authorit .es In Cuba could nol
sanction any act that < ould violate rights, 01
treat with disrespect t.ie sovereignty of thii
nation. The question of the seizure or the brig
"Mary Lowell," at Bahamas, by Spanish authori?
ties, is now a subject ot correspondence between
this government, Spai'i and Great Britain. The
Captain-General of Cuba, about May last,
Issued a proclamation authorizing the search ol
vessels on thc high seas. Immediately, rem on
strancewas made against this, whereupon thf
Captain-General issued a new proclam ation
limiting search to vessels of the United States,
as authorized under the treaty or 1796. This
proclamation, however, was immediately with?
drawn. I have always reit umt the most intimate
relations shonld be cultivated between the United
States and the independent nations on this con?
tinent. It may bc well worth considering,
whether new treaties between the United S tatet
and them may not be profitably entered in to, to
secure more intimate relations, friendly, com?
mercial and otherwise.
The Interoceanic Canal to connect th At?
lantic and Pacific oceans through the Ist Jinns
of Darlen is one in which commerce is greatly
interested. Instructions have been given te
endeavor to obtain authority for a survey to de?
termine the practicability of the undertaking.
In order to comply with the agreement of the
United States as to a mixed commission at Lima
for the adjustment of claims, lt became necessa?
ry to send a commissioner and secretary to Lima.
nie good ofllces of the United States to bring
abont peace between Spain and thc Sooth Ameri?
ca republics, having been accepted by Spain, Peru
and Chill, a Congress has been invited to be held
in Washington during the present winter. A
grant has been given to Europeans of an exclu?
sive right of transit over the territory of Nicara?
gua, to which Costa Rica has given its assent
which it IE alleged conflicts with the vested rights
of citizens of thc United States. The Department
of State has now this sublect under consideration.
TUK SPANISH GUNBOATS.
The Minister of Peru having made representa?
tions that there was a state of war between Per?
and Spain, and that Spain was constructing, in
and near New York, thirty gunboats, which
might bc used by Spain to relieve the naval force
at Cuba, aud to operate against Peru, orders were
given to prevent their departure. No further
steps having been taken by the representative of
thc Peruvian Government to prevent the depar?
ture of these vessels, and I, not feeling authorized
to detain Gie property of a nation with which we
are at peace on mere execntlve order, the matter
was referred to the courts.
The conduct of the war between tho allies and
thc Republic of Paraguay has made intercourse
with that couutry difficult, and lt bas been deem?
ed advisable to withdraw our representative from
TUE ALABAMA CLAIMS.
Towards thc close of the last administration, a
convention was signed at London for the settle?
ment of outstanding claims between Great Bri?
tain and the Uuited States, which failed to receive
the advice aud consent of the Senate. Thc time
and circumstances attending the negotiation of
that treaty were unfavorable to its acceptance by
the people of thc United States, and Its provisions
were wholly Inadequate for a settlement of the
grave wrongs sustained by this government, and
the Injuries resulting to the United States by rea?
son of thc course adopted by Great Britain during
thc war-lu lucrcascd rates or insurance; in
the diminution of exports and imports, and
other obstructions to domestic Industry and pro?
duction; In tts effect upon the foreign commerce
or thc country; lu thc decrease and transfer to
Great Britain of our commercial marine; in the
prolongation of the war and the Increased cost,
both in treasure and In lives, of Its suppression,
could not be adjusted and satisfied as ordinary
commercial claims which continually arise be?
tween commercial nations. And yet the conven?
tion treated them simply as such ordinary claims,
from which they differ more widely In the gravity
of their character than In the magnitude of their
amount, great even as ls that difference. Not a
word was found in thc treaty, and not an Infer?
ence could bc drawn from lt, to remove the sense
of the unfriendliness of the course of Great Britain
in our struggle for existence, which had so deeply
und universally Impressed itself upon the people
of this country. Believing that a convention thus
misconceived in its scope aud Inadequate in Its
provisions, would not have produced the hearty
and cordial settlement of pending questions
which alone is consistent with the relations which
I desire to have firmly established between the
United States and Great Britain. I regarded the
action iff the Senate in rejecting thc treaty to
have been wisely taken in the Interest of pcace.and
as a necessary step In the direction of a perfect
and cordial friendship between the two countries..
A sensitive people, conscious of their power, are
more at ease under a great wrong wholly una
toned, than under the restraint or a settlement
which satisfies neither their Ideas of justice nor
their grave sense of the grievance they have sus?
tained. The rejection of the treaty was followed
by a state of public feeling on both shies, which I
thought not favorable to an immediate attempt
at renewed negotiations. I accordingly Instructed
the minister or the United States to Croat Britain,
and round that my views In this regard were
shared by lur Majesty's ministers. 1 hope the time
may soon arrive when thc two governments can
approach (bcsolution of this momentous question
willi an appreciation of what is duo to thc rights,
dignity and honor of each, and with a determina?
ting not only to remove tho causes of complaint
in tho past, bot to lay tho foundation of a broad
principle of puiillo law, which will prevent future
differences and tend to finn ami continued peace
au I friendship. This ls now the only grave ques
Hon wlikh thc United States has with any foreign
Thc question of renewing thc treaty for recipro?
cal trade between thc Lnitcd States and the Brit?
ish provinces on this continent was not favorably
in conformity with this recommend ation of
Congress, a proposition to abolish mixed courts
for the suppression of the slave trade ls uudcr
THE FRENCH CABLE.
It having come to my knowledge that a corpo
porateCompany, organized under British laws,
proposed to land upon the shores of the United
Slates and to operate there a submarine cable,
under a COU ce salon from tho Bmperor of the
french or an exclusive right for twenty years of
telegraphic communication between the shores ol
France ami the United States, with thc vory
objectionable feature of subjecting all mes?
sages conveyed thereby to thc scrutiny
and control of ta French Government,
lt caused the French und British Legations
[CONTO*CED ON FOl'ETIl PACE