Newspaper Page Text
VOLUME X.-NUMBER 1465.
CHARLESTON, THURSDAY MORNING, SEPTEMBER I, 1870.
S?X DOLLARS A YKAH.
THE STATE CAPITAL.
TUE LEGISLATURE ADJOURNS EOE
Legislative Proceedings - Supreme
Court-A Horsewhipping Case, ?Sc.
[SPECIAL TELEGRAM TO TEX NEWS.]
COLUMBIA, Thursday, December 22.
In toe Senate, the committee on the Judici?
ary reported on Whltterr.ore's indemnity bl?,
recommending numerous changes and the addi?
tion of another section authorizing the owners of
property destroyed to sue the county for dam?
The House resolution enjoining the payment or
the dre loan debt was laid on the table ta the
Senate, on the report or tue finance committee,
after considerable discussion. The vote was nine?
teen to four.
In the House, Ur. Davis introduced a resolution
requiring the land commr '"uer to return a de?
tailed report of the transa* ' of his o aloe since
the beginntag, by the 13th of January. A Joint
resolution authorizing the levying of next .year's
taxes was received from the Senate, with an
amendment of nine mills instead of eight! The
amendment was not agreed to. Pending the dis
cusslsjjp. of the remainder of the amendments, the
House took a recess till 3 o'clock. -
There was a considerable legislative muddle on
thia resolution, which almost terminated in a
On reassembling, the House rescinded its former
action and adopted, the Senate amendment of
nine m'Jla. Ur. Simons introduced a bill to in?
corporate the Capital Building and Loan Associa'
ti on or Colombia. Mr. Jamison introduced a res?
olution authorizing the county oammlsslonera to
pay school teachers' accounts. Both Houses have
adjourned over to January 4.
Tbs Governor has approved the act to extend
the1 une for officers to quail ry.
As Mr. Corbin desired more time in the Dabney
Morgan case, the Supreme Court adjourned over
to-day until January 4.
Edwin H. Smith, formerly collector of internal
revenue for the First District, was horsewhipped
to-day by Constable Hubbard. Smith, after his
altercation with Hubbard, shot himself In the
hand while drawing his pistol.
There ls a heavy rail of snow here to-night
TUE GENERAL ASSEMBLY. '
COLUMBIA, December 21..
The House sent to the Senate a preamble
and resolutions ta relation to the fire loan debt
stock of the State, which waa referred to thc
finance committee, with instructions to report to?
morrow; also, the report of the House committee
on dalma oh the account or J. H. Leland, as
school teacher,, w h ich was referred to the Senate
committee on claims; also, a-joint resolution
authorizing the State auditor to order the en?
forcement of collection of taxes; also, a Joint res?
olution authorizing the State auditor to suspend
proceedings in certain cases.
Ur. Swails introduced a bill to provide for the
redemption of certain lands sold under order of
GenoKl E. JE. S. Sanby, for taxes.
Ur. Johnston Introduced a Joint resolution to
prohibit the Incarceration in Uia State Penitentia?
ry of children under fourteen years of age.
feTbe committee on Incorporations reported on a
bill to incorporate the town of Mount Pleasant,
recommending amendments. Ordered for con?
A-preamble and resolution or the Senate, to take
order cpon the demand of the House or lmpeaob*
ment, was referred to the special committee ap- .
pointed to prepare rules of proceeding in the trial
A bul to aittr and renew the charter of the
Town of Manning, waa amended and ordered to
be engrossed for s third reading.
The speaker or the House attended In the Sen?
ate, and the following acts were ratified: Au act
to mace appropriation for the payment of Ot per
diem and mileage of the members and other ex?
penses or the General Assembly ; an act to extend
the time for officers to qualify. . :
The committee on finance reported favorably on
a Joint resolution to authorize the state auditor
and county commissioners to levy certain t*v^a. _
recommending amendments. The ^solution was
amended and ordered to be engrossed for a third
reading. ' /
A bill to authorize. and empower the county
commissioners bf Darlington County to levy a
special tax for the further construction and com?
pletion of a courthouse, was read and referred to
the finance committee.
A resolution to Instruct the committee on the
Judiciary to inquire relative to a change or costs
of court, was referred to the committee on the
The oammlttee on the Judiciary reported on the
foBowing, which were ordered to lie over fora
second reading: Favorably on a bill to renew "An
act to provide for the perpetuation of testimony
in relation to wills, deeds and other papers lost or
destroy Od during the late war." A bill to regu?
late the right to traverse. A Join* resolution to
authorize the Governor to commission a coroner
rcrjleaufort County. A bill to prevent and punish
Mr. Ferguson offered a resolution to instruct
the laudjVommissloner to report forthwith. In
Mr. Whipper offercl \he following:
Whereas, The fire loan stock of the State of
South Carolina, amounting to three hundred and
four thousand, four hundred and forty-three and
S9-100 dollars ($804,443 80-100) due in 1870, ls now
m litigation before the Supreme Courter South
Carolina; and, whereas, tue Hon. Niles G. Parket;,
treasurer or the State or South Carolina, bas an?
nounced officially that the .same will be paid on
and after December 31,1870, at the South Carolina
Banking and Trust Company, in the City or Co?
lumbia, and at the banking house of H. H. Simp
ton, financial agent or the State or South Caro?
lina, m New York; therefore, be lt
Resolved, by the House of Representatives and
the Senate concurring. That the Hon. Niles G.
Parker, State treasurer, and all other financial
agents or the Stare as aforesaid, be and are hereby
instructed to suspend, the payment of the said
fire loan stock, or any portion thereof, until the
question of the liability of the State to pay the
same is decided by the Supreme Court; and
further, until this Legislature has been officially
notified or said decision, and made arrangements
for the payment of said fire loan, provided the
State should be held liable.
This preamble and resolution was advocated
by Messrs. Wilkes and Whipper, and without any
serious opposition, was adopted.
Mr. Myers introduced a bill to require official
bonds ol county commissioners. Also a bill to '
amend "An. act to revise, simplify and abridge
the rules, practice and pleadings of the courts ta
this State,'* which wereread and rererred.
Mr. Bryan introduced a bill to grant to the peo?
ple generally the right to dig und mine for phos?
phates. Read and rererred.
Mr. Decals presented the school account or J.
M. c. Therm. Referred to the committee on
Mr.Davisgavenotlce ora bill to extend the
limits of thc City or Charleston. Also, of a hill to
regulate the manner or holding elections li this
Mr. Henderson gave notl :e of a bill protecting
minors and orphans.
Mr. wReedish offered a resolution that the land
oomma?ioner be required to report his transac?
tions to this House by the oth of January, 1871, or
be dealt with according to law.
Pending the consideration of this resolution,
Mr. Whpper offered the following resolution,
which was adopted :
Resolved, That the committee on ways and
means be instructed to take such legal proceed?
ings as they may think necessary to prevent the
payment of the fire loan bonds, should ah at?
tempt, be made by any of the financial agents of
the state to pay them.
The cemmlssloners on the revision and consoli?
dation or the statutes submitted a report, which
was received as information.
The House then adjourned.
THE STATE TAXES.
It appears the rate will be se: at nine mills on
the dollar. One of the Reform members made a
forcible speech against tts Increase from five mills
on the dollar this year to niue mills on the dollar
for next year. Mr. Corbin al^o protested against
this extravagant course, and believed that money
was dlsoosed of In a manner that could not
be properlv accounted for. At the same
time the State was in debt, and property
must be taxed to liquidate it. in tature,
as a senator, watching the interests ol
the people, he would demand a thorough investi?
gation; and If officials wire found guilty of dis?
honest practice.*, he would see that just punish?
ment woutd *>e meted out :o them, let their posi?
tions be high or low.
Before the pas-age of the bill he moved that the
name of Charles.on Couuty be stricken out. He
gave as his reasons for so doing, the fact that the
commissioners of that county submitted no report
as yet. If the commissioners could show a clear
record, and a necessity for empowering them to
levy a spcc:al tax, he would favor the movement,
but not otherwise. Mr. Corbin protested and the
bill was thrown out.
PdfeoNAL.-His Honor Judge R. F. Graham,
who has been sitting In chambers and granting
orders in argent cases, left this city last evening
THE GEORGIA ELECTION.
AUGUSTA, December 22.
The election ls closed, and passed off quietly
throughout the State, both parties voting freely
and without intimidation so far as heard from. It
will take a day or two to give the result. It ls still
believed that the Democrats have elected four if
not fire members of Congress,, and two-thirds of
SAVANNAH, December 22.
The election passed off quietly. The result ls cot
COLUMBUS, December 22.
The Democrats carry this county.
MACON, December 22.
The vote of Bibb County , ls 5513, being the
largest ever cast. Both sides claim success. The
Democrats claim the county by 2000. '
FORT GAINES, December 22.
-The Republicans are thought to be ahead in this
CAMACS, December 22.
The Democrats are ahead in "Warren,.Tallaferro,
WOkes and Columbia Counties.
MONTEZUMA, December 22.
The Republicans are ahead lu this county.
Dooley County ls largely Democratic.
ATLANTA, December 22.
The Democrat* elect their ticket by a small
majority. Walton.County 19 Democratic by a
ROME, December 22.
Floyd and Pole Counties are Democratic by a
large majority, and the whole of Cherokee has
been Bwept by the Democrats.
CONGRESS A KI) THE PRESIDENT.
WASHINGTON, December 22.
The Senate continued in session until seven
o'clock, when Morton's resolution, for the annexa*
tlon of : an Domingo, passed, 32 to 9. This is the
President's measure. There was a struggle to
hare commissioners confirmed by the Senate, but
it failed. The debate throughout was acrimonious.
The purity of the President was attacked and de?
fended with great vigor. Each party, all Repu b"
ilean?, claim a triumph in this respect: The reso?
lution requires the action of the House, which ls
impossible until after the recess. The nays on
the San Domingo resolution, were Casserly, Mc
Creery, Morrill, of Vermont, Patterson, Schurz,
Stockton, Sumner, Thurman and Tipton.
The Senate, in executive session, passed a de?
claratory resolution that, under the tenure-of
offlce bill, where a new nominee was rejected the
old Incumbent remains in statu quo, wlthou t
furnishing a new bond.
The Senate confirmed Sehen ck as Minister to
England; Adams, collector of customs at ht.
John's, Florida; Sbaughnesey, marshal'of South?
ern Mississippi; Mlnnis, attorney of Northern
Alabama, and White, postmaster at Greensboro',
Nor iii Carolina.
The Senate rejected Blanchard, who was nomi?
nated for the New Orleans poa to ttl ce. This ls re?|
garded in political circles as a triumph or Lieu
fenant-Governor Dunn's faction over the War
month faction in Louisiana.
The Senate, after seating Jewetr, from Missouri,
went into executive session. "
In the House, but twenty-five members were
present. Jones, of Kentucky, spoke In favor, and
Porter, of Virginia, agalast amnesty.
Mr. H?ge, of South Carolina, was opposed to the
buL There might be a time when he could, with
his friend from New York, (Mr. Wood,) overflow
with peace and good will to all men, but lt would
not be while the people of his district were shot
and murdered and taken out of their houses at
night and whipped and otherwise maltreated. He
was opposed to this forcing amnesty upon men
who declared they did not desire lt. ir they de?
sired the removal of their disabilities let them
come here and ask for it ; then wul be time enough
toACt." HaJtalBCd W* ?rn*?-,t.ln twho.lrntjUiAjjojini.
people ot the Sooth against the passage of any
Buch biU as had been brought into this House*.
The sugar bul, which passed the Senate yester?
day, was signed by the speaker and sent to the
The Supreme Court bas adjourned to the 6th
and-both houses of Congress to the 4th of Jan?
Colfax called at the White House before seven
o'clock this morning to Inform the President that
the San Domingo resolution had passed by a vote
of 33 to 9. Many senators and representatives
called during the day to congratulate the Presi?
dent. The President, in replying, said he be
He ved the annexation policy wise aed prudent,
and thought lt would gain strength as thc facts
became known. Tae President signed the sugar
The President last night, responding to a sere?
nade, said that he thought the national capital
could only be moved by the machinery required to
adopt or repeal constitutional amendments.
SUMNER AND SAN DOMINGO.
WASHINGTON, December 22.
In his speech against the San Domingo com?
mission, yesterday, Senator Sumner alluded to
President Baez, Cazrau and Febers, as conspira?
tors with General Babcock, who called himself In
the protocol thc aide-de-camp or President Grant.
Where was "he warrant for such office f It was
unknown in the laws. The object of appointing a
commission to proceed to San Domingo was to
oommit Congress to annexation. # If the Presi?
dent merely desired information, he could send
acommision and pay them out of the secret ser?
vice fund. In the protocol signed by Baez and
Babcock, the latter pledged that the President
Would so influence Congress as to make an annex?
ation a necessity. So the first thing the Presi?
dent did WAS to send a naval force to San
Domingo that President Baez might betray his
country. Sumner showed that a naval officer
had entered the capital of Hay ti and threatened
the authorities that if they endeavored to thwart
the object .of annexation, he would bring his
guns to bear and blow down the town against
their ears. The government would not so threaten
a, stronger power, such as France or England.
We could not acquire the Island of San Domingo,
for one-half belonged to Haytl, and if we annex?
ed San Domingo we would have to assume a part
of the sixty minion francs Hay ti and Dominica
owe3 to France. In every view of thc case, we
would purchase a bloody lawsuit. Sumner ap?
pealed both to Mr. Morton and the Vice-president
to call on the President and a3k him to retrace
his steps, and not fallow the example of Presi?
dents Pierce, Buchanan and Johnson.
THE WEST INDIES.
HAVANA, December 22.
There was a severe earthquake at St.
The codee crop in the southern districts of
Haytl ls a failure. There is an abundant crop in
.tue northern districts. -
[WEATHER AT NE W\ORL EA NS.
NEW ORLEANS, December 22.
As, it is raining aud freezing there is Utile
. SPARKS FROM THE WIRES.
Every theatrical manager and every actor of
note In New York City attended George Hoi land's
TheTehuantepec Canal concessions have passed
the Mexican Congress, 137 to 3. The bill conforms
to thc plan or Juarez, and la satisfactory to the
The Erie Railroad Convention at St. Loui3 has
adjourned. A complete arrangement was made
for uniform freights. No Southern roads were a
party to the agreement.
A Richmond te'egram of Wednesday says: "The
weather ?3 intensely cold, the thermometer being
this morning at 21, and this evening at 31."
THE GREAT SIEGE.
THE QUESTION OF BOMBARDMENT
STILL A MTSTEBT.
The Germana Occupy Tours-Important
Movements of the Armies-Arrival of
Arms for France-Thc French People
Ruing Kn Blasse, ?Ste.
'LONDON, Decemler 20.
Special to the New York World: Your Ver?
sailles correspondent, after mating a tour of the
German Unes, writes, on the 15th, quite positively
that lt will he Impossible ever to bombard Paris
electively. The anxiety of the Germans for
peace ts intense. There ls good food and plenty
in Paris for three months' subsistence. Rats are
eaten only on wagers and for pastime. The bom?
bardment of Paris has been postponed until the
Gretk Kalends. The bombardment of Versailles
ls expected every moment. Tho French have in
position guns capable of throwing shells through
the King's palace and driving the Germans from
the works east and north of Versailles. Your
correspondent with the 10th corps, at Vendome,
writing on the"lSth, says, that after severe light?
ing on the i-itb, 16th, 16th, and 17th, on bbth
banks of the Loire, the Germans now occupy
.Fr?terai, Vendome and Eplnay, General Chansey
ls retiring slowly and In tolerable order, hoping
to join the 21st corps, under General Juarez, and
other troops near Le Maus and Coniie. The fight?
ing Is tedious and bloody. The Germans need
The siege trains before Paris have been largely
increased. The Faubourg de Trance at Belfort
.was burned by the Prussians. A thousand Ger?
mans were killed or wounded at Knits. ?
BORDEAUX, December 22.
The government has balloon dispatches from
'Paris to the 17th. The new3 ls favorable. The re?
ports of riots are false. There has been no en?
gagement with the Investing force since the 3d.
The Parts authorities publish In the official jour?
nal a very favorable provision account. Trochu
!ls preparing for another grand sortie.
It ls reported the Prussians occupied Tours with- ;
out serious resistance. General Chansey ls at Le
Mans, where he had received heavy reinforce?
ments, provisions and ammunition. Advices
from Faldherbe's army are favorable. Last ad?
vices show Manteutfel retreating from Havre and
moving towards Amiens. The French from
Havre, under Sarrasl, are In Manteoflel's rear. .
Garibaldi refuses a sword of honor tendered him.
He will wait until the end of the war for honors.
TOURS, December 20.
The army of the Loire has joined the army, of
the West near Le Mans. Mecklenburg has passed
st. Calala, and Frederick Charles's army ls march?
ing west from Blois. The German reserves are
VERSAIXI.ES, December 20.
The left wing of the German army is advancing
on Tours; the right on Lo Mans. The French
abandoned hundreds of wounded before the ad?
NEW YORE, December 22.
The Herald has special sud reliable advices
from Versailles which report that French batte?
ries have been placed on the slopes of Moat Val- ?
erlen, commanding the entire road to Versailles.
A special to the New York Times says: "lu the
event of the fallare of the next sortie, Ducrut, !
Favre and others of the government will leave
Paris by balloon to prosecute the war in the '
provinces. Trochu will remain until the surren?
der or the city.?
The Bavarian Torlea.
LONDON, December 21.
New York World Special: A dispatch from Mu- !
nicb says lt ls certain that the treaty between <
Bavaria and tue North German Bund la rejected i
by the Lower Chamber. Ibo Chamber will be J
arssorvea URI ll IWlf one errasen, wuicll Involves |
delay. This result is regarded as an insult to
Prussia. . j
[The action of the Chamber, which is elected ?
for six years, Bhows that lt does not represent '
the popular sentiment In 1870, although It may '
have done so In 1868. The Bavarians have fought ,
splendidly during the war. They are one with
the Wurtemburgers, the Saxons and the Pru?: 1
Bians. The new Bavarian Chamber will ratify the
Federal Constitution, we may venture to say, by
an almost unanimous vote.]
* . MADRID, December 21.
In the Cortes, Senor Rabledo declared that he
and his party did not wish for :a coup d'etat, but
were determined to save the King or perish with
.Senor Figueroa followed In support of the mo?
tion for dissolution, but admitted that the coun?
try would not settle into tranquillity even though
the Duke of Aosta were now on the throne, unless
nuances were suitably discussed.
The motion was supported by ihe government,
the members thereof expressing the sentiment
that to save the country all measures were allow?
ST. PETERSBURG, December 21;
Tlie Gaulois explaius that In discarding that
portion of the treaty which neutralizes the Black
Sea, Russia*only cancelled a compact which all
parties regarded obsolete.
LONDON, December 22.
Thc full text of President Grant's annual mes?
sage was published here yesterday for the first
time. The Times, in its comments, says: "If the
President expects England to take the initiative
for reopening negotiations on the Alabama ques?
tion, he wlU be disappointed. It was America
wno rejected the last.settlement, and that settle?
ment was framed at Washington."
The Manchester Posten an editorial on the Ala?
bama claims, refers to the services to the United
States, at the British Court, of Charles Francis
Adams and Reverdy Johnson, and says the pres?
ent attitude of America i3 condemned by.the re?
cord of her own ministers.
Aa American naval captain is at Constantino?
ple manufacturing torpedoes and other material
of war for use In case of need against Russia.
Reports from the French Scat of Gov?
BORDEAUX, December 22.
Gambetta has gone to review the army at
Lyons. Several vessels have arrived at French
ports with arms. Well equipped troops continue
to move to the front. The government bas de?
termined to treat the reactionary journals with
No Battle Yet.
LONDON, December 22.
Dispatches from Versailles state that there are
no indications of a decisive battle until after the
Dispatches from Vienna report the Turkish
fleet under immediate orders for "service. There
aie extensive war preparations at Serien.
NBW ORLEANS, December 22.
At two o'clock this morning'the steamers R.
E. Lee and Potomac came into collision opposite
Natchez. Both steamers were badly damaged.
T?'O Lee pilot ran her on a bar where she sank In
nine feet of water. The. Potomac ls unloading
for repairs. No lives were lost.
MEMPHIS, December 22.
The Avalanche's Vicksburg special says no
cabin passengers of the Nick Wall were lost.
Thirty deck passengers perished. There were
ninety-four passengers on board, mostly from
North Carolina and Georgia, en route to Texas.
A dispatch from Vicksburg says that nine cabin
passengers were lost by the Wall. Thc body or E.
w. Taylor, of Jefferson, Texas, was recovered.
No other names were ascertained.
-In Paris 203 operatives are steadily employed
in the manufacture of balloons.
UNITED STATES Crncuir COURT, DECEMBER
21, 1870.-James Renards vs. Elijan "Walker, ad?
ministrator of J. A. G. Walker. Debt. Ordered,
that the plaintiff give security for costs, or be
Jttmes Richards vs. S. J. 0. Dunlap, adminis?
trator. Debt. Same order as above.
Hons h, Clent! IQ lu a & Co., vs. O. D. Goodman.
Assumpslt-Judgment by defau lt. Verdict for the
plaintiffs, $582 09.
McDonald k Son vs*. Cadd Rivers-issumpslt.
Judgment by deiault. Verdict, $713 25 and costs
of suit. . .
UNITED STATES DISTRICT COURT.
Ex parte Hay Fuller, of Laurens-petition for
final discharge. Judge signed order of discharge
under seal or court.
Ex pacte J. C. Carpenter, registrar, in re Henry
Campsen-petition for rennvsl of stock. Ordered,
that J. C. Carpenter be authorhsed to remove said
Btock from present store in King street to any
safe point he may designate, for nafekeep:ng'un
tll they eau be disposed of according to law.
ORDER OP AOJOURNKEKT.
Whereas lt has been impossible for the circuit
Judge, Hon. Hugh L. Bond, to attend this term of
the couit, up to the present time; and whereas
there Is much important business liefore the court
requiring speedy determination; therefore, lt Is
ordered that the court be continued tUl thc first
Monday in February next, at 10 o'clock, A. M., at
.this place; and that Jurors, witnesses and causes
pending and not finally disposed or, and aU other
matters and things whatever waiting the action
or the court, be continued till the lirst Monday in
In discharging the. petit jurors from further at?
tendance upon the unlied Stites Court, Judge
Bryan signified his appreciation of their services
in his court. His Honor assured the Juries that
in their integrity and hearty co-or eration he had
experienced material aid in the administration of
SUPREME COURT DECISIONS.
We publish below, as matters of public in?
terest, and involving questions or grave impor?
tance, a summary of some of the decisions lately
pronounced by the Supreme Court of the State:
J. A. Seely vs. J. M. McFadden-Opinion deliv?
ered by Willard, A. J. Suit on a promissory
note, dated 22d December, 18 53, payable twelve
months arter date. Held
1. Where no mention is made on the face of u
contract of Confederate Stales noi es, but the con?
tract calls for "dollars," in "lawful raonev," lt ls
competent to show, by extrinsic proof, thc ract
that the pardea dealt with reference to the Con?
2. Where thts fact appears, resort may be had
to "the act to determine tbe value of contracts
made in Confederate notts, or their equivalent,"
passed March 26th, i860, as a means of ascertain?
ing the value of such Confederate currency.
a. That this act ls not final and conclusive
between the parties aa regards (tte class of con?
tracts to which it applies, but the-parties may in?
troduce evidence contradictory of the declaration
or the act as to the true, suite or relative
G. Muller 78. J. W. Earheart-Opinion -"-''vered
by Willard, A. J.; Moses, Ch. J., dh enting.
That a debtor is entitled to the allowance ol a
homestead exemption where the Indebtedness
arose under a contract, which wai put into Judg?
ment antecedent to the. adoption or tbe home?
J. R. Shuler vs. J. Mason. Jr., et al-Opinion de?
livered by Willard, A. J. Held
That a homestead exemption cannot be allowed
under the Constitution of thia State against a
mortgage claiming nnder a mortgage made and
executed prior to the adoption of the homestead
provisions, whether the said mortgage be execu?
ted for the purchase money or otherwise.
The principle or the exemption laws is inappli?
cable to such a case. To hold otherwise would be
In violation or the article of the constitution de-,
daring that "no laws Impairing the obligation of
contracts shall ever he enacted."
W. c. Howze vs. T.-;c. Howzo-Opinion deliver?
ed by Willard, A. J. William 0. Howze, the an?
cestor, died Intestate, seized or a large tract 0/
land In 1865. prior to the adoption or the home?
stead provision, leaving as his heir at law his \n%
rant son, Samuel Howze. Held
L That the homestead exemptions are consti?
tutional, and applicable to ant eoe len t debts.
2. The purport or the fourth sectiomof the act
to determine and perpetuate "he homestead,
passed September 7,1803, ls to provide for tne
continuance of the right of a family of one pos
leased of such right at the time or his death. In
this case the ancestor died In 1585, previous to tho
adoption of tbe homestead reg all iions, and as bo
ivas not, at bia deoea**, gptmjpwl nt nach.home
-?/.-vi pf?pK| t-yin np-n 1. Inn? i " -. ? ? ? ....... .
lave no direct application to such. case.
s. It not appearing that the premises have been
held by a family as a family homestead ut any
limejuice the provisions of the constitution have
been in operation, nor that Samuel Howze ls the
head or any family, so as to authorize the home?
stead to be laid out to bim directly.
Case remanded to the Circuit C burt for further
and more complete proof.
J. McEeegan va D. McSwIney-Opinion deliv?
ered by WUlard, A. J. The plaint iff, on the 4th or
August, 1804, sold the defendant certain real es
taie for $30,000. The defendant paid one-hair In
cash. In Confederate States treasury notes, and
Tor the remainder exeenred his bond, secured by
a mortgage of the property bold, payable two
years after the blockade or the port of Charleston
shall have been effectually raise d, with interest
thereon, semi annually, from date, and gave also
good personal security on the bond.
The question was, whether "he bond was paya?
ble In confederate currency, or in Buch medium
as should be lawful money, at th? maturity or the
That the plaintiff could only recover the value
of the bond as of Confederan: currency In pro?
portion t> its relation to lawful money, as of the
date of tuc bond.
Chief Justice Moses dissented.
T. F. Harman vs. B. Wallace. Opinion delivered
by Moses, chief just ice. Plaintiff sued on a prom?
issory note, dated October 20,1883, for $0000. pav
ableJanuary 1,1806, with interest from January
1, 1864, given ror the purchase of land.
Evidence was given both as to the value or tte
land, in good money, at the lime of the purchase,
and the value of Confederate currency at the time
of the execution of the no e held.
L That the instruction of the Circuit Judge, that
the jury were to ascertain and find for the plain
tin* the value of the land In good money, (national
currency,) at the date of the purchase, with Inter?
est computed annually from that period to the
date of the verdict, was error.
2. That although it was compel ont to lntrodnce
evidence, both as to the value ol' the land and of
Confederate currency. In order,- under the ordi?
nance that regard being had to Che pnrticnlar cir?
cumstances of each case, snch verdict might bc
rendered as will effect substantiel justice between
the parties, lt was for the Jury to say what was
.the true value and real character of the consider?
ation 01 the contract nt the time it was made,
whether the value of the land, 0:: the value of the
8. That the circuit conn erred in holding that
the act or Assembly, approved 2?h March, i860,
"to determine the value of contracts made in Con?
federate notes, or their equivalent," was null and
void, as Impairing the obllgatlot or contracts.
4. That the act ls competent, t ut not exclusive
evidence of the value which Confederate notes
bore to lawful money at the various periods speci?
fied in the act.
Willard. A. J., concurred in the result, but dis?
sented from so much or the opinion of trie court
as declared that the value or the.land could be con?
sidered In determining the cont ract.
THE PROPOSED AMNESTY.
The President's Views-Why the Sub?
ject was Omitted In the Message.
A Washington dispatch to the ??ew York
The President said yesterday that the omission
to make any .eference to the subject of amnesty
In bis annual message was accidental. Ue Intend?
ed to have stated his views freely upon rhe ques?
tion, but in the hurry or making up the document
uit|me to spnd it to Congress, he omitted to do
so. His purpose was to call attention, lu the first
place, to the general misapprehension prevalent
In the country, that a large number of people ire
disfranchised in the South by the Fourteenth
Amendment, and by thc legislation o' Congress.
This belier, which has been rostered by the Demo?
cratic newspapers, is wholly an error, for in fact
no man has been deprived of the riglir. to vote hy?
the action of Congress or by the force of a con?
stitutional amendment. All disfranchisement has
been by virtue of laws enacted by the Southern
States them-elves, through their Legislatures, for
which Congress ts in no way responsible. This
fact, the President thinks, ought to be more gen?
erally understood. He proposed, in the second
place, to have discussed th<; propriety of remov
lng the disqualifications fron:, hoidtag office im?
posed hy :h- fourteenth amendment. His view
of the matter is that inc people of the South ought
first to accept the fonrreeiiTh and fifteenth
amendments, and give, evidence that they fully
acknowledge ?heir validity, before asking for
amnesty under the provisions of the firs: of
these amendments. The ou'y porer Congress
has to grantamne-:ty ls by virtue of the authority
conferred by he fourteenth amendment, and so
long as the Dcm erais at the South resist thc
amendment and deny its vail lity, it ls manifestly
Inconsistent for them tn ask for a removal of dis?
qualifications under its provisions. Until these
amendments aie acknowledge! and respected us
binding., the President think.) the public senti?
ment of the country will be averse to granting
amnesty: bur when tho attitude of thc late rebels
changes in this respect, he believes that a sweep?
ing amnesty should be promptly accorded uy
Congress. The President empresses his regrc:
that he omitted to set forth ticse views in hts
message, as it was his fall Intention :o have done.
EX OZ Alf D'S BUTT.
Thc VU vt ? of Earl Russell.
Earl Russell has written the following letter
on the Russian question:
To th! Editor of the lomon Time? :
SIB-Whatever measures our government may
take to support and maintain the spirit of Lord
Granville's firm and unanswerable dispatch, it
appears to me'that there ls one measure which ls
. Indispensable. I urged last year that the Grown
ooght to be armed with more authority to call
.ont and embody the militia. The ministry cavilled
abou t the terms of my bill, but they consented to
take power to embody the militia ia case or an
emergency. I do not well know the legal mean?
ing attached to the word emergency, nut it seems
to mo that when the minister of a great power as?
sumes on behalf of his sovereign tbe right to set
B3lde and abrogate a treaty which binds seven or
the cnief States of Europe, an emergency exists.
It ls said at St. Petersburg that Russia has 500,
000 men In arma, ?nd in Cologne the number is
talked of as 900,000. It ls notorious that troops
have, for some months, been moving from the
north or Russia towards the frontier of Turkey.
Whether our voice be for peace, as I hope, or
for war, which may become Inevitable, I am of
opinion that lOO.OOO men of the militia. In addi
I tlon to the militia reserve, should be embodied,
and that we should thus obtain the means of
filling with flesh and blood the skeletons of our
attenuated regiments. I remain, sir. vour obe?
dient servant, RUSSELL.
THE AZ AB AM A CZ AIMS.
General Schenclc to Reopen Negotia?
tions-What our Government will De?
A Washington telegram to the New York
Tribune gives the following, which for the irst
time indicates what are thc definite Ideas and de?
mands of our government on the subject of the
There-are -strong reasons, from au authentic
source, for believing that an amicable adjustment
of our differences with England in connection
with tho Alabama claims will not be delayed fir
a much longer period.. It is also believed that
General Schenck will, soon after his arriv?,i in
England, resnme the negotiations now suspended,
and that they will be carried forward in a firm
but friendly manner, and thai the .English Gov?
ernment will meet the question in a rranx and fair
spirit. Thc temper or the British people ls thought
lo be favorable at this time for tue success of the
undertaking. The following are believed to be the
points upon which the negotiations will be made.
The United States, as a basis or settlement, will
require: First. That England shall pay the ownen
for the ships and property destroyed by the Ala?
bama, with Interest on the value of the same from
the date of destruction. Sec md. That England
-hall reimburse the United States Government for
all expenses incurred by the United States in con?
sequence of tbe Alanam a and other cruisers. Third.
That England shall make public recognition of the
true principles of neutrality ou the basis of their
settlement It is thought that the United states
will not demand constructive damages in any
event. Oilier sources ol Information from those
alluded to above substantially confirm this state?
ment of the subject. General Schenck will
make no extortionate demands. He ls not to
threaten non-Intercourse or the forcible an?
nexation of Canada, nor ls he to demand a
confession from Great Britain that she has acted
dishonorably towards us-a confession that no
proud nation would make, unless conquered and
reduced to extremities. There is good authority
for statin? that General Schenck Ts expected to
dem md nothing more than a prompt and equita?
ble settlement of our actual money losses, and
that there will be no talk of damages for Injured
honor lu the diplomatic negotiations which he is
to open and conduct. The reparation which he
will be Instructed to ask, lt ls believed, will be
willingly accorded by the British Government.
The erroneous impression prevailing with regard
to General Schenck's mission places him in a false
attitude at the outset, which lt ls not pleasant lor
him to occupy. _ w
THE BB AT ERY OE TBE GERM AXE.
instances of Individual .Heroism.
Tl ie '-Staats Anzeiger" has begun to publish
a liai of the names of the privates and non-com?
missioned officers who have distinguished them?
selves during the .present war, with a short ac?
count of the actions by which they have done so.
Though lt seems invidious to choose from such a
Ust, and we have not space for the whole, we can
not refra'n from notlc pg one or ...????*??*? --~..~>
There are, of course, numerous examples or
great personal bravery. Only to mention one or
two: A musketeer. Edward Hahnfeld, climbed
upon a wall at Welssenburg, and there, in the
midst of a shower of bu lets, urged hts comrades
to follow him. He afterwards broke into a cellar
fu'l of Turcos; and, after felling one, mansged,
with thc assistance of two fellow-soldiers, to
take six prisoners. In the same engagement,
Sergeant Scope had himself lifted on to a wall, lu
the midst of the fiercest lire of the enemy, that he
might see if there was any one on the other side
Ignatz Himmel, too, a non-commissioned offli
cer, sprang over the garden wall Into the court
or the Castle of Gelsberg, which was held by the
enemy, and opened the gate, so as to admit the
German soldiers. A very similar action was per?
formed by Heinrich Wazblnskl on September 21.
Several cases are mentioned of Bol.Uers, who,
though severely wounded, ref used to leave their
places, and fought on till the end of the engage?
ment, or until they sank exhausted by pain and
loss of blood. The following account ls given or
a musketeer, Adam Ma cz ko wi ak, who seems to
be born a soldier, though he is almost the small?
est man In the company: Soon arter a position
had been taken upou the road to the south or the
vineyard of Mesnll, which was held by the
French, Maczkowiak seemed to grow tired of
firing at the enemy from u distance, and wanted
to attack them alone; Indeed, it was with diffi?
culty that he c.uki be restrained from doing so
by the commands or his superiors. Every time
he showed himself a shower ni bullets fell around
him, but they did not seem to disturb bim In the
least At length the order was given to advance,
and Maczkowiak whs In a moment two or three
paces berore the rest.
When the plateau of the vineyard was almost
reached, he turned with a cheer somewhat to the
left. Two shots were fired, but did not wound
him. and then three French soldiers rose rromthe
earth, and begged for quarter. On leading them
In triumph to hhTcompany, he remarked, with
some irritation, that if they had only let him go
sooner, be should have taken a whole battalion.
A drummer, of the name of Aaldler, supported
the character for heroism which novelists and
dramatists have often assigned to his profession.
Lie marched with great boldness berore a train
or riflemen, and, seizing one of the rifles of the
fallen, he continued ;o fire on the enemy with
the greatest disregard of his own safety till the
order was given to storm Creteuil; then, takinz
his rifle on nis left arm, he beat the charge with
-his right hand until the French had evacuated
the village. Even he, however, was outdone by
the director of a military band, Muller byname,
who was left at Sedan with his musicians and
seven sick soldiers, lu charge or the baggage
which had been laid aside during the action. On
sending two of his men for water, he learned
that some French s adlers were in the neighbor?
ing wood. Asno other help was near, Muller re?
solved at once to attack the enemy. He ac?
cordingly armed seven of the band with the rifles
and ammunition of the sick soldiers, and ad?
vanced with them Into the wood.
After having placed them so that it was impos?
sible for the French to escape, or to discover how
small was the force he had at his disposal, he
snmmoned the enemy to surrender, which they
accordingly did; by this means he took three in?
fantry soldiers and two cuirassiers, with their
horses, arms and equipments.
In the battle or Woerth, Sergeant Kablsch dis
Blaved something more than personal courage,
urlng the engagement In the wood, which took
place early In the afternoon, he and his half train
got separated from the company. On continuing
their advance they came to,an open space, where
they were attacked ny a division of hostile infan?
try, which though it had been broken, was far
more numerous than the}.. Still, by taking ad?
vantage of the ground, aud opening a quick fire,
he made such an Impression on the advancing
force that rrom three to four hundred men threw
down their arms and begged for quarter.
Two hospital assistants-Pawiikt and Pusch?
mann-are specially mentioned as having distin?
guished themselves by their devotedness, and
the courage with which they exposed themselves
to great personal danger In their endeavors to
help the wounded. Karl Heinrich Seifert, a
fusileer, showell himself to bc animated by a
similar spirit. ? One of his comrades who liad ad?
vanced too far waa wounded, and Seifert ar once
hastened to bind ap Iiis wounds. Though the
troops to which he belonged' were compelled to
retreat, he remained standing alone by his friend,
nor did he leave him till they again advanced,
when iie fell into his place In the rauks as If
nothing had occnrreJ. He afterwards distin?
guished himself by great personal bravery In
A LUCKY HIT FOR THE GERMAN'S.-The
Times' correspondent at the headquarters of the
Saxon Army corps, on the northeast or Paris,
says: "Bazaine su-rendered Metz in the nick of
time for thc dorman armies; that is now certain.
Had he held out for ft row days longer, and pre?
vented M"itke rrom sending the Duke or Mecklen?
burg and Prince Charles south and General Man
teuirel north, things would have been very embar?
rassing, If not positively serious, ror us berore
now. Had not the army before Metz been ena?
bled to com* down and keep open our communi?
cations, the investing armies north and south or
Paris miirht by this time have been obliged to fight
battles to prevent themselves from being invest?
ed, or something very like lt.
T O f -8 ! . T O T S !
B. O T. I.D A Y G . I F T 8 ,
GREAT VARIETY, SELLING AT LOW
.Sr i?P" .. *...'.: ?jt??.
F O R B E 8 T O N ' & B A Z AA B,
_No. 621 JUNG STREET. dec20-6
A . ' I L L I N G ,
Is toe place to buy the cheapest
TOYS, DOLLS, TEA SETS, FANCY BOXES
? AKD OTHER
CHRISTMAS GIFTS. .
Call, see and Judge for yourselves^_dec?s
LIN LE Y'S CHEAP S T O'R E ,
No. 888 KINO STBBXT.
Call and see for-yourselves.
CHEAP ! CHEAP ! CHEAP t
500 dosen PORCELAIN TOTS, aU sizes and pat
300 Motto Cups and Saucers, 200 Motto Mugs
60 Bohemian Toilette or Cologne Sets
Moustache Cups, Vases, Toy Tea Sets, and a gene?
ral assortment of China Gooda.
600 finely finished WAITERS and TEA TRAYS,
60 Ornamented Cake Boxes, large sizes
26 Chamber sets; also, Knife Boxes, Sugar
Canisters, Lunch Cans, Chamber Palla, Tea and
Coffee Canisters, Spice Boxe? and all minor arti?
cles in the trade. Articles suitable for house and
table use made from plain, pressed and pieced
tm, sold twenty-five per cent, below any other
GLASS ! GLASS 1 GLASS 1
600 KEROSENE LAMPS, all sizes and patterns '
lfio dozen Table Goblets, great variety of patterns
600 dozen Table, Bar and Toy Tumblers
26 dozen Champagnes, loo dozen wines Glasses,
Water Pitchers, Fruit Stands, Water Bottles,
Oval and Round DiBhes, Butter Dishes and Tea
Sets, in Plain and Pearl Glass.
400 Looking Glasses, various sizes, bought at a
great sacrifice, and will be sold at leas' than
CROCKERY! CROCKERY! CROCKERY I
1000 dozen PLATES, all sizes, from 26 cents to
$l 26 per dozen
300 Sets Cups and Saucera, 200 Ewers and
Basins - .
Water Pitchers, Flat, Deep and Covered Dianes,
Bowls, Mugs, Baking Dishes, So*p and Brush
Trays and Saucers, and an endless variety of
Teas, Sugars, Coffees, Syrups, Butter, Lard Ac,
all at lowest market rated, at
LINLEY'S CHEAP STORE,
No. 388 KIMO STREET.
"feigns of the Crockery House and Carolina Tea
?jy-TJSICAL INSTRUMENTS AT COST.
A fine and largo assortment of the best VIO?
LINS, FLUTES, FLUTINAS, GUITARS, German
and French Accord?ons, Music Boxes, Drums,
Aa, Ac, suitable for Christmas Presenta, are now
offered at cost pri>;e, at
F. E. DAUER'S MUSIC STORE,
deciP-mwf3 No. 369 King street.
H E SINGER AlANUFACTURINO
have opened a State Agency for the sale of their
CELEBRATED SEWING MACHINES, at No. 187
King street, Charleston, where Silk. Cotton and
Flax Threads, Needles, Ac, may be obtained.
Attention' ls in vit ed to our
NBW FAMILY SEWING MACHINE
NEW MANUFACTURING MACHINE,
in which simplicity and durability are combined.
Machines for sale on the LEASE PLAN. Stitch?
ing done to order.
Local and Travelling Agents wanted.
THE SINGER SEWING MACHINE AGENCY,
No. 197 King Street, Charleston.
' WEED" FAMILY FAVORITE LOCK-STITOH
are the beat In use.
For sale on ta&Lease Plan, with monthly pay?
ments, on easjpPsllflBr or- for cash. All kinds ol
Machine attafltBMOta, Needles, Cotton, rwhlte,
blaok and colond^SOk, OIL Soap, Ac, Ac
.Repairing as ' usuaL Circulars and samples ol
work sent on application.
D. B. HASELTON,
General Dealer lu First Class Sewing Ma?
chines and Material, No. 807 King street,
auglT Charleston, S. 0.
WHOLESALE AGENTS FOR THE
OLD CAROLINA BITTERS.
H. BISCHOFF & CO.,
H. KLATTE & CO.,
J. A. QUACKENBUSH,
WAGENER 4 M0NSEE8,
MANTOUE & CO.
4^ GOOD ADVERTISING MEDIUM.
GREENVILLE, S. 0.,
Has the largest real circulation of any paper
In that section. Subscription price $1 a year.
G. E. ELFORD, Editor and Proprietor.
0. Q. WELLS, Associate Editor.
Undeireste 9 SSS
. . _j Hopery:;
A LARGE VARIETY OFGOODS
J ? " ?' . Vpn
FOE THE HOLIDAYS, ,
At Extremely Lcvv* Prices.
. STAB SHIRT EMPORIUM,
MEETING STREET, OPPOSITE'MARKET. : >
dloti}ing ano irnrmslnng <3oob8+
DOUBLE-BREASTED SACKS* *i t?
DEBBY SACKS _ ,
PRINCE OF WALES FROCKS*'.'
ENGLISH MORNING'. COATS
SLLK AND VELVET VESTS-, and ., .
?LOW PRICED BUSINESS SUITS?
. . . .., &m
OUB "FRITZ ' ' " . H
LORD STANLEY . ;
CASHMERE, MERINO . v - Jj
' SHAKER, BRITISH, and _
PATENT PANTALOON DRAWERS_. >
SCARLET AND WHITE SHAKER FLANNEL
COTTON FLANNEL ANDTEANS? -
SHIBTS, DEA WEBS
CARTWRIGHT AND WARNER'S
SUPER STOUT COTTON
SCARLET AND WHITE ALL-WOOL .
COLORED AND WHITE MERINO
TRUE FIT SHIRTS
NEGLEGE SHIRTS_ ,
T TVrPKT rti^T T A T>g
BISHOP AND PARAGONS
THE TRUNK PAPER COLLARS AND
CUFFS. . Z
ENGLISH BUCK, CALF . . ?.
DOG, KID, BEAVER " . - ..
BILK, CLOTH, and ' " i '
VIENNA TRAVELLING BAGS
TRUNKS, LAP ROBES and
ROBES DE CHAMBRE and
For elegance, ease and comfort to .the
wearer, these Gooda, are recommended with
J. H. LAWTON ft GO.,
ACADEMY OF MUSIC BUHP06.
CLOTHING FOR IVE SEASON.
SUITS FOB THE HOLIDAYS.
NEW SUPPLY OF ALL STYLES OF " .
MORNING GOATS, BUSINESS COATS,
DERBY SACKS, DRESS'FROOKS,
Of Chinchilla, Beaver and Waterproof, in Glenga?
lla and Cape styles.
ROBES DE CHAMBRE } .
IT TJIWOSELTNG GOODS.
The Leading Styles of
CRAVATS, BOWS, TIES, SCARFS, Ac, AC
. CAMBRIC HANDKERCHIEFS.
MERINO AND LAMBSWOOL SHIRTS AND
NEGLIGE SHIRTS, CARDIGAN JACKETS.
OF FRENCH KID, CALFSKIN AND BEAVERS,
ENGLISH BUCK, DEER AND OASSIMERE.
J5TAR SHIRTS, COLLARS AND CUFFS,
Of all Qualities, and sold by me for the past 39
TAILORING DEPARTMENT supplied with ft
Foll Assortment of Imported and Domestic
Cloths, Beavers, Coatings and Cassim eres, made
up at moderate prices.
B. W. McTTUREOUS, Superintendent.?] dtdf