Newspaper Page Text
VOLLME XI.-NUMBER 1774.
CHARLESTON, FRIDAY MORNING, SEPTEMBER I, 1871.
? THE RADICAL WIGWAM.
Jf VCR CRT AND VERT LITTLE WOOL.
Introduction of thc Metropolitan Police
Bill-Hatching Financial Eggs-Pro?
?SPECIAL TBLEQBAX TO T?B NBWS.]
Co LUM ui A, S. G., December 5.
IQ the Senate Hr. Corbin submitted the re?
vised Code ot laws making eight hundred
Bills were Introduced to authorize county
treasurers to receive the bills of the Bank of
* the State In payment of taxes If the proceeds
of the assets of the bank should not prove
sufficient to pay the fire loan bondholders and
the bills ol the bank; to repeal an act requiring
the building of fences; to Increase the super?
vision of the secretary of State; to require that
the deposits of county treasurers be held sub?
ject to the orders of the General Assembly.
The following bills were relerred to the
judiciary committee: To authorize E. F. Eag
lishfo build a wharf at Port Boya! City; to de?
clare the rights of common carriers; to protect
buoys and beacons; to define the jurisdiction
of justices of the pence, and ihe duties of con?
stables m civil cases; to punish persons en?
gaged in the business of lotteries, and the sale
or purchase of lottery tickets; to provide for a
general license law; to lurther declare - the
jurisdiction of trial justices; to Increase and
define the Jurisdiction of the City Court of
. The bill to charter the Union and Greenville
* Railroad Company was referred to the commit?
tee on railroads.
The following bills were referred to the com?
mittee on incorporations: To incorporate the
Collateral Loan and Deposit Bink; to renew
the charter ot the People's Bank of South
Carolina; to renew and extend the charter of
the Roman Catholic Church of St. Marj's,
Charleston; to Incorporate the Port Royal Im?
Thc bill to regulate the manufacture and
sale ol fertilizers wa j referred to the commit?
tee on manufactures.
The following were referred to the finance
committee: To amend an act to regulate the
.manner of keeping and disbursing funds-by
certain officers; jciut. resolution relative to the
loan ol the Stale credit; to select one of the
trust companies of New York as registry of
the Bute bonds; to repeal the aid to the Blue
Ridge Railroad Company and to secure the
possession of the Bine Ridge bonds; to pro
vld|>for the per diem and expenses of the
The bill to prohibit the bringing of paupers?
into ti. J State was referred to the committee
on charitable Institutions, and the bill" to
create a State board of health to the commit?
tee on medical affairs.
The following were indefinitely postponed :
Bill to amend the charter of Georgetown; bill
to renew and amend the charters of certain
religious and charitable associations: bill to
amend the milkia law; bill to amend the rules
of practice and pleading; bill to amend the
act regulating the fees ot probate judges and
other officers; to sell the- land commlss on
?ands at auction; to retire and cancel the
hypothecated Blue Ridge Railroad bands.
The consideration of the following bills was
postponed to specified days : Bill to renew the
oharter-ot Strawberry Ferry; to regulate the
fees of probate Judges, Ac; to authorize the
clerks of courts to perform the duties of com?
missioners In equity; to amend section 23 of
the Code; to create the County of Coosaw
hatchle; to repeal the act creating the ster?
ling funding debt.
The following were ordered lo a third read?
ing : Bill to amend the act to revise the rules,
pleading?, Ac. ; MU lo protect buoys and bea?
cons; bill to amend and extend the char te : of '
the Planters' and Mechanics' Bank.
In the 'House, Bowie j's "pap" committee
was discharged, and the appointment of em?
ployees lett to the speaker.
The following notices of bills were given :
By Dennis, a general funding law; by Bowen,
the Metropolitan police bill; by Mobley, to re?
peal the act authorising the consolidation,*!
the Greenville and Columbia and Blue Ridge
Railroads; also to create a new county from
portions of Marlon, Darlington, Williamsburg
The bill to Incorporate the Charleston,
Georgetown and Conwayboro' Railroad was In?
NOTES AND QQSSIV ET MAIL.
The Raid on Governor Scot; -V Bold
Speech by Whipper-Harley Tries Co
Soothe tbe Savage Breast -> The
Chancea of th* Metropolitan Police
[pa:x otra owx COBRBSTOXOXNT.]
COLUMBIA, S. C., December 5.
A considerable amount of vturk was accom?
plished to-day In each of the two Houses of
the Legislature, the Senate making quite an
inroad Into Ita calendar of unfinished busi?
ness, and the members of the Hous9 Intro?
ducing a large number of bills before they
gave themselves up to the fervent fascination
of their combined tirade against the Gover?
nor. The formal transactions of the Senate
have already been reported by telegraph, and
there was Utile in Its proceedings that calls
for special comment. The usual number of
little tiffs were Indulged in, mostly lor effect,
the principal combatants to-day being Leslie
Whlttemore, assisted by Nash, who de?
plored the personalities in which the Senate
Indulged, and remarked, with truth, that the
great hobby of that body appeared to be "in?
vestigation," and lt was even not a success in
that. Mr. Hayne exhibited no small amount
ot rancor in the remarks with which he
moved to indefinitely postpone the incorpora?
tion of the Carolina Rifle Club of Charleston,
and he attacked In a general way the fire
companies of Charleston for having organized
as mLltary companies. Some display of feel?
ing was a'so made over the resolution to re?
peal the right of the Governor to leave the
State, hut apparently to but little effect, as
the resolution was finally sent to the judiciary
committee instead ot being put upon its
In the lower house matters were a little
more lively. Alter the formal business ot the
day was disposed of, as already reported by
telegraph, the House went Into committee of
the whole on the Governor's message, the at?
tack being led by Whipper, of Beaufort, In a
strongly denunciatory speech. He reviewed
the financial exhibit embodied In the message;
charged the Executive with violating the Con
? stiration of the State and his oath of office;
V pronounced the message Itself a confirmation
of the thousand and one rumors of peculation
and fraud, and ol which repudiation would be
the logical sequence, and, finally, he wander?
ed off to Incoherent allusions to the Eu-Klux,
declaring that the government was a failure.
a& that the Federal bayonets in Columbia
were the only security for the members of the
Legislature from violence und murder. Then
Hurley attempted to soltea down the last un?
fortunate remarks br a neat little burlesque.
He crave thanks that tbe present was the Gov?
ernor's last anrual mes?ige; but it was not,
after all, the Governors finit that he could
not tell the truth. He, Hurley, did not have
anything io say about tbe Ku-Klux, because
he did not know anything about them; but he
believed the G. vernor knew lees, &c, and
alter a few more remarks of the low- comedy
sort, Mr. Hurley gave way to Bo3emou, Byas,
Jones and Hunter, who continued the attack
until late in the afternoon.
It ls evident that the strongest possible ef?
fort ls to be made to secure the passage of the
Metropolitan Police bill. Ex-Mayor Pillsbury,
Captain Jenks, and other Charleston ex-offi?
cials, are here to-day working in the interest
of the measure, and it ls said that the promise
of the patronage to be created by the bill is
already parcelled out among the members so
as to make the lower house sure. More doubt
is expressed about the Senate, Leslie, White?
more, Swails, Owens and Montgomery belDg
said to be opposed to ir. Bowen is also kick?
ing out of the traces, but it ls believed thal he
will yet introduce the bill tn lite House ir ihe
parties to be benefited will pledge themselves
to support his future projects. It ls rumored
lhat DeLarge is to resign his Congressional
seat on February 1st, by au understanding
with Bowen. PICKET.
THE WEATHER IS THE UP-COUSTRT.
A Cold Snap and Snow-Tbe Faimers
and their Work-A Hint to Selters or
[FROM OCR OWN CORRESPONDENT.]
PENDLETON, S. C., December 1, 1371.
We offer our congratulations cn the change
of weather, the abatement of the late prevail?
ing epidemic, and the return of your friends
to their homes. With the exception of frosty
mornings, when the thermometer has ranged
as follows, with some light frost previous to
November 11th. the first slightly killing frost,
and "the first I hive seen." as I have noted:
Thermometer 40 degrees; November 15th,
heavy frost, thermometer 32; 16ih, thermome?
ter 28; 17th 30; 18th 36; rain followed on the
22d. thermometer 34. Then mild and rain to
the 30th; at night sleet; prospect of clearing
off In the morning; but at 1 P. M. had thicken?
ed up and commenced snowing, a td contin?
ued until -about daylight this morn?
ing, December 1st. On making an examina?
tion this morning on places where the snow
could not have urllted, I found an average ot
five inches. Although wc had a slight sleet
the previous night, the ground was yet com?
paratively warm, and much of the first snow
that fell melted, otherwise lt would, as I be?
lieve. have been the deepest snow we have
had for many years. A friend remarked In
my pretence to-day, he believed only from
this causo the snow would have been one foot
deep. Thermometer this morning thlrtv de?
grees at sunrise. The day ls mild. 'Cold
enough, we hope, in Charleston.
November bas left us in her winding sheet,
and December salutes us this morning as a
?aid arrayed in her snowy robes for Hymen's
altar-though a litte cold in her demeanor.
Our farmers and planters are generally done
gathering crops and sowing wheat and oats
such as sow oats in trie fall-and, under heavy
taxes and other discouraging circumstances,
are preparing lor another crop, better, they
hope, than that of the present year. Cotton
yield something better than was expected,
o.wlnz to tbe late appearance of frost. This
especially on lands not high and dev and much
affected by the drought. Only for the rather
reduced amount ot fertilizers used the crop
could not have exceeded fifty per. cent, on
the last year's product. And although the
drought has .deteriorated these effects, most
persons who have used them acknowl?
edge remunerative results. If our friends
who have commercial tertilizers for sale will
reduce their prices as low as may be consist?
ent with their own safety, and cotton keeps
up, they may, we trust, anticipate fair sales
P. S.-Saturday, 2d. thermometer 26 de?
grees-a beautiful, ccld morning. Clouded
up In the evening and at midnight commenced
sleeting. This (Sunday) morning c o rid y and
thermometer at 33 degrees. So we close with
the prospect of an unpleasant day. S.
THE NEXT GOVERNOR OF GEORGIA.
ATLANTA. December G.
Hon. J. M. Smith, speaker of the House, was
nominated by the Democratic Convention for
Governor. The Democrats elect a full ticket
by a large majority in the municipal election
THE MEXICAN REVOLUTION.
MATAMORAS. December 2.
Trevino, the rebel general,-took Saltillo.
The loss on both sides Ts heavy. The govern?
ment still hold j the French fort on the out?
skirts, but the rebe s command the place from
two positions. The surrender of ?the fort is
hon rix expected. The government command?
er here conceals all news. This is considered
unfavorable to the government. Tue malls
and telegraphs are stopped.
DEATH OF COLONEL ASHMORE.
MEMPHIS, December 6.
Colonel John D. Ashmore, an ex-member of
Congress irom South Carolina, blew his brains
out to-day at Sardis, Mis J.
[Colonel Ashmore was born ia Greenville In
1819, and when quite young filled various of?
fices in the State militia. He was a member
of the Legislature in 1848, 1850 and 1852. In
1853 he was elected comptroller-general for
two years and was re-elected. He was elected
to the Ihlrtj-sixirt Congres3, whence he with?
drew upon the passage of the Ordinance ol
OUR AQRICULTVit IL SHORT-COMINGS
Tbe Report or the United Slates Com?
missioner to Congress.
WASHINGTON, December 6.
The commissioner of agriculture, in bis re?
port accompanying the President's message,
speaking of the needs oi Southern agriculture,
says : "it must be conceded that the course of
agriculture in the Southern States has . not
been conducted with that care, skill and re?
gard for ultimate results which have charac?
terized the operations of farmers in other
States. While their lands are continuously
devoted to cotton and tobacco, until they have
arrived at a state of exhaustion, those ot the
North are continually improving by rotation
of crops, which ls absolutely essential to the
life of tbe Boll itself, and without which farm?
ing and planting had better be abandoned.
These impressions bave induced me to turn
my attention to these States to seek some
mode by which the influence ol this depart?
ment may be directed to benefit them, to find
out whether their implements and, especially,
their seeds may not be greatly Improved, and
bow, in the distribution of seeds and plants,
we may best reach tbose to whom they may be
He also says that the Southern States suffer
greatly in their interests for want of grasses,
in the use of which their productions would
be greatly increased by rendering a rotation
of crops necessary. Clover, with its deep
roots, and rye gras, a strong grower, will well
endure the hot sun of the South. Referring
to the distribution of seeds the commissioner
says: UI am satisfied that the mode hereto?
fore pursued ls erroneous. The quantity sent
is entirely too small lor even an experiment.
A pint or a quart of wheat, oats or other
cereal cannot be successfully grown, and
snch experiments almost uniformly fail, be?
cause the quantity ls too small. I need not
here discuss the reasons for this, bnt the re?
sult ls manifest to those who have tried the
experiment. It would be far better to put a
hail or whole bushel of seed into, tbe bands of
one conscientious and careinl person than to |
divide the same quantity among ten or
CREAM OF THE MESSAGE.
PRESIDENT GRANT'S- VIEWS ON THE
CONDITION OF THE COUNTRY.
Hi* Policy-The New English Treaty
The Public Debt-Tariff and Re ve
nue-The Ku-Klux and Amnesty-A
Bill for tho Saints.
The following extracts from the full text of
President Grant's message to Congress, on
Monday last, will acceptably supplement the
telegraphic abstract which has already ap?
peared In THK NEWS :
SUCCESSFUL EXECUTION OF THE LAWS.
To Hie Senate and House of Bepresentatives:
In addressing my third annual message to
the law-maklog branch of tbe government, it
ls gratti} lng to be able to state that during
the past year success has generally attended
the effort to execute all the laws found upon
the statute books. The policy bas been not
to inquire into the wisdom of laws already
enacted, but to leave their spirit and Intent,
and to enforce them accordingly.
OUR FOREIGN RELATIONS.
The relations of the United States with for?
eign powers continue to be friendly. The
year lias been an eventful one lu witnessing
two great nations, speaking one language
and having one lineage, setlltne, by peaceful
arbitration, disputes ot long standing and lia?
ble at any time to bring those nations Into
bloody and costly conflicts. An example hes
thus oeen set which, ll successful In Its final
issues, may be followed by other civilized na?
tions, and Anally be the means of returning to
proluciive Industry the millions of men who
are maintained to settle disputes of nations
by the bayonet and broadside.
THE TRBATT OF WASHINGTON.
I transmit herewith a copy of the treaty al?
luded to. willoh has been concluded since the
adjournment of Congress with her Britannic
Majesty, and a copy of the protocols of the
conferences of the commissioners by whom lt
was negotiated. Tn ls treaty provides meth?
ods for adjusting the questions pending be?
tween the two nations. Various questions are
to be adjusted by arbitration. I recommend
Congress, at an early day, to make the neces?
sary providion for the tribunal at Geneva and
for he several commissions on the part of the
U.-ii.ed States called for by the treaty. His
Majesty, the King of Italy, the President of
the Swiss Confederation, and his Majesty, the
Emperor of Brazil, have each consented, on
the Joint request of the two powers, to name
an arbitrator for the tribunal at Geneva. I
have caused my thanks to be suitably ex?
pressed for the readiness with which the joint
request has been compiled with by the appoint?
ment of gentlemen of eminence and learning
to these important positions. His Majesty,
the Emperor of Germany, has been pleased
to comply with the Joint request of tue two
governments, and has consented to act as thc
arbitrator of ihe disputed water-boundary be?
tween the United Stales aud Great Britain.
The contracting parties in the treaty have
undertaken to regard as between themselves
certain principles of public law for which the
United States have coutended lrom the com?
mencement of their hlstorv. They have also
agreed to bring their principle* to the knowl?
edge of the other maritime power?, and to in?
vite them, to accede to them. Negotiations
are going on as to the form ot the note by
whlcn the Invitation ls to be extended io the
other powers. I recommend the legislation
necessary on the part of ihe United states to
brina imo operation the articles of the treaty
relating to the fisheries and to the other mat?
ters touching ike relations of the United
States toward the British North American pos?
sessions, to become operative so soon as the
Eroper legls'atlon shall be had on the part of
reat Britain and Its possessions.
TH t? NATIONAL "BLESSING."
Tlie national debt ha? been reduced to the
extent of eighty-six millions fifty-seven thous?
and one hundred and twenty-six dollars and
eighty cents durinz the year, and by the ne
filiation of national bends at a lower rate of
nterest. Thc Interact on the public debt has
been so far dimliilslufUhat now.tba sum to be .
raised for the Interest account is nearly seven?
teen millions of dollars less than on the 1st of
March. 1669. It was highly desirable that this
rapid nimlnutlou thouin take place, both to
strengthen the credit of the country and to
convince Its citizens of their entire ability to
meet every dollar of their liabilities without
bankrupting them. In view of the accom?
plishment of these desirable ends, of the rapid
development of the resources of the country,
its Increasing ability to meet large demands,
and ihe amount already paid, lt Ts not desira?
ble that the present resources of the country
should continue to be taxed In order to con?
tinue this rapid payment.
Mu [MK I CATI ON OF THE TARIFF ANO INTERNAL RE?
I therefore recommend a modification of
both the tariff and the internal tax laws. I
recommend that all taxes from Internal
sources be abolished, excrpt those from spiri?
tuous, vinous and malt liquors, tobacco in Hs
various forms and from stamps. In readjust?
ing the tariff, I suggest that a careful estimate
be made of the amount of surplus revenue col?
lected under the present laws, after providing
for the current expenses of the government,
the interest account and sinking fund, aud
tnat this surplus be reduced In such a manner
as to afford the greatest relief to the greatest
number. There are many articles not pro?
duced at home, but which enter largely into
general consumption through articles which
are manufactured at home, such as medicines,
compounds. Ac, Ac, lrom which very little
revenue ls derived, but which enter Into gene
ral tis-?. All such articles I recommend to be
placed on ihe "Free list." Should further re?
duction prove advisable, I would then recom?
mend that it be made upon those, articles
which can best bear it without disturbing home
production or reducing the waaes cf American
THE KU-KLUX LAW.
There has been imposed upon the executive
branch of the government the execution of
the act of Congress, approved April 20th.
1871, and commonly known as the Ku-Klux
law, In a ponton ot ihe State of South Caro?
lina. The neces-lty of the course pursued
wi l be demonstrated by the report of thc
committees to Investigate Soutnern outra?
ges. Under the provisions of the above act I
issued a proclamation culling the attention of
the people of the Unii ed States to the same,
and declaring my reluctance to exercise any
of the extraordinary powers thereby confer?
red upon me, except lu case of Imperative
necessity, but making known my purpose to
exercise Mich powers whenever it should be?
come necessary to do so for the purpose of se?
curing lo all citizens of the United .-tates the
peaceful enjoyment of the rights guaranteed
to them by the constitution and the laws.
ULYSSES GOES INTO THE HISTORY OF THE CASE.
After the passage of this law, information
was received from time to time that combina?
tions ol' the character referred to in this law
existed, and were po wen ul In many parts of
the Southern States, particularly in certain
counties in the State of South Carolina. Care?
ful investigation was made and it was ascer?
tained that in nine counties of that State such
combinations were active and powerlul, em?
bracing a sufficient number of the citizens to
control the local authority, and having, among
other things, the object of depriving the
emancipated class of the substantial benefits
of freedom, and of preventing the free politi?
cal action of. those citizens who did not sym?
pathize with their own view?. Among their
operations were frequent scounrlngs and oc?
casional assassinations, generally perpetrated
at night by disguised persons, the victims in
almost all the cases being cl'Jzens of different
political sentiments from their own, or freed
persons who had shoT-n a disposition to claim
equal rights with other citizens. Thonsands
of inoffensive and well-disposed citizens were
the sufferers by this lawless violence.
HB PROCEEDS TO TAKE VENGEANCE.
Thereupon, on the 12th day of October, 1871,
a proclamation was issued in terms of the
law, calling upon the members of these com?
binations to disperse within five days, and to
deliver to the marshal or military officers of
the United States all arms, ammunitions, uni?
forms, disguises and other means and Imple?
ments used by them for carrying out their un?
lawful purposes. This warning not having
buen heeded, on the 17th ot October another
proclamation was Issued suspending the pri?
vileges ol the writ ol habeas corpus in nine
counties In that State. Direction was given
thar, within the counties so designated, per
sons supposed, upon creditable Information,
to be members of such unlawful combinations,
should be arrested by the military forces of
the Ualted States and delivered to the mar?
shal to be dealt with according to law. In
two of said conntles, York and Spartanbnrg,
many arrests have been made. At the last
accounts, the number ol persons thus arrested
was one hundred and sixty-eight. (Several
hundred whose criminality was ascertained to
be or an inferior degree, were released for the
present These have generally made confes?
sions ol their guilt.
HIS IMPERIAL HIGHNESS SITS IN JUDGMENT UPON
Great caution has been exercised In making
these arrest?, and, notwithstanding the large
number, lt is oelteved that no Innocent person
ls now ia custody. The prisoners will be held
for regular trial in the judicial tribunals of the
United Slates. As soon ns it appeared that the
authorities of the United States were about to
take vigorous measures to enforce the law,
many persons absconded, and there ls good
ground for supposing that all of such persons
have violated the law. A lull report of what
bas been done under this law will be submit?
ted to Congress by tbe Attorney-General.
More than six years having elapsed since
the las: hostile gun was fired between the
armies then arrayed against each other-one
for the perpetuation, the other lor the de?
struction of the Uulon-lt may well be consid?
ered whether it is not now time that the dis?
abilities imposed by the fourteenth amend?
ment should be removed. That amendment
does not exclude the ballot, but only imposes
the disability to hold office upon certain
classes. Wnen the purity of the ballot is se?
cure, majorities are sure to elect officers re?
flecting the views ot the majority. I do not
see the advantage or propriety of excluding
men from office merely because they were be?
fore the rebellion of standtog and character
sufficient to be elected to positions requiring
them to take oaths ti support the co us tit u
tlon, and admitting to eligibility those enter?
taining precisely the same views, but of less
standtog in their communities. It mav be
said that the former violated an oath, while
the latter did not. Tue latter did not have it
in their power to do so. If they had taken
this oath, it cannot be doubted they would
have broken it as did the former class. If
there are any past criminals distinguished
above all others for the part they took lo op?
position to the government, they might, in
the judgment ol Congress be excluded (rom
such an amnesty. Tills subject ls submitted
for your careiul consideration.
HE SLANDERS THE SOUTH.
Tbe condition of the Southern States is, un?
happily, not such as all true patrio'Sc citizens
would like to see. social ostracism for opin?
ion's sake, personal violence, or threats to
wards persons entertilnlag political views
opposed to those entertained by the majority
of the old citizens, prevent Immigration and
tbe flow of much needed capital into the States
lately in rebellion. It will be a happy condition
of the country when the old citizens of these
States will take ab interest In public affairs,
promulgate ideas honestly entertained, vote
for men representing their views, and tolerate
the sime freedom of expression and ballot as
those entertaining different political convic?
tions. . .
POLYGAMY IS UTAH.
In Utah there still remains a remnant of
baroarism repugnant to civilization, to decen?
cy, and to the laws ol the United States. Ter?
ritorial officers, however, have ?been found
who are willing to perform their duty In a,
spirit ol'Justice and with a due sen? "of-the
necessity of sustaining the majesty of the law.
Neither, polygamy nor any other violation of |
existing statutes will be permitted within the
territory of the United States. It is not. with
thc religion of the self-styled Saints that we
are now dealing, but with their practices.
They will be protected In the worship of God
according to the dictates of their consciences,
but they will not be permitted to violate the
laws under the cloak of religion. It may be
advisable for Congress to consider what, In
the execution of the laws against polygamy, is
to be the status of plural wifes aud their off?
spring. Tne propriety of Congress passing an
enabling act, authorizing the Territorial Leg?
islature of Utah to legliimajtlze ali children horn
prior to a time fixed In tba act might be j ns ti?
tled by its humanity to these Innocent .child?
ren. This ls a suggestion only and not a re?
THE FIRE FIEND.
CINCINNATI, December 6.
The London woollen factory at London,
Ohio, is burned. Loss $30,000.
WASHINGTON, December 6.
Wall's opera-house ls burned. Loss $50,000.
THE NEW ORLEANS RACES.
NEW ORLEANS, December 6.
In the first race Blind Tom and Virgil dead
heat. Second beat, Blind Tom won. Second
race Sentinel won, time 3:581,. Third race,
Arizona won second and thlru heats, Stylle
won first-lime 1:56J, 1:57, 2:03. The track
was heavy. The first ice of the season oc?
curred last night.
THE PROCEEDINGS OF CONGRESS.
WASHINGTON, December 6.
In the Senate a concurrent res ilutlon call?
ing Colonel Sanders, of North Carolina, and
Messrs. C imp and Gist, of South Carolina, to
bar of the Senate for contempt, went over un?
der the rule.
Anthony introduced u bill amendlnz the
election act, and making it a criminal offence
to use any writing, device, token, word or
gesture, with Intent to Intimidate voters,' or
counselling, or Indirectly procuring the use of
such means of intimidation.
Robertson endeavored to Introduce an am?
nesty bill, but was declared out of order.
A caucus appointed a committee of five to
nominate committees. Morton probably
succeeds Cameron as chairman of the commit?
tee on foreign affairs.
In the House a resoluti on was adopted call?
ing for information regarding Cuba and Gene?
ral Buell'8 military commission.
The apportionment btll was considered, but
no conclusion reached. The Ku-Klux com?
mittee, through Stevenson, offered a resolu?
tion for the removal of political disabilities
and extending the time within which the
habeas corpus may be suspended, and making
every me nber of the Ku-Klux and other trea?
sonable conspirators responsible, civilly and
criminally, for the acts ot his fellow-members.
THE WEATHER THIS DAT.
WASHINGTON, December 6.
The low pressure in Upper Michigan will
probably extend rapidly to Like Oatailo,
with brisk southwest winds and stormy weath?
er on Thursday from Pennsylvania to Maine.
A fallinz barometer, with risiug temperature,
and possibly rain, ls probable from Pennsyl?
vania to North Carolina and Indiana. In?
creasing southwest winds in the Southern and
Gulf States, with cloudy weather on Tnursday.
and probably rain on the Gull Coast. Warn?
ing signals are ordered, and cautionary sig?
nals continue at Milwaukee, Chicago, Grand
Haven, Detroit, and are ordered from Toledo,
Cleveland, Buffalo, Rochester and Oswego.
Yesterday'* Weather Reports of the
Signal Servier, V. S. A.-4.47 P. M.,
Key West, Fla..
NOTE.-The weatner reno? dated 7.47O'CIOCK,
this morning, will be posted Iq tbe rooms of the
Chamber of commerce ot io o'cloctt A. M., and,
together With the weather chart, may (by the
courtesy or the Chamber) be examined by ship?
masters at any time during toe day.
THE K?-EL?X TRIALS.
A. STOWING SPEECH BT REVERDY
The Limitations of the Constitution
Congress Cannot Confer tile SunVasre
Constitutional Objections to the In.
[9PBCIAL TELEOEAM TO THE NSW9.]
COLUMBIA, 8. C., Decemoer 6.
ID. ihe United States Circnl tCourt to-day, the
Hon. Reverdy Johnson reviewed thoroughly
and critic illy the acts aud the latent of Con?
gress and the constitutional privileges ot citi?
zens. In the Declaration ot Independence, he
argued, the dangers now felt were foreseen
and guarded against. The original con?
vention granted no pawer* anywhere which
took the regulation of the suffrage out of the
hands of the States. Each State prescribes Its
own qualifications for voters, and Congress
cannot Interfere. By our forefathers the reg?
ulation of the suffrage was deemed a vital
right of the States. Tne thirteenth constitu?
tional amendment only abolished slavery. It
conferred no right but freedom. At that lime
Congress did not dream of negro suffrage.
The fourteenth constitutional amendment
made the negro a citizen. The nf teeth amend?
ment and the acts of May, 1S70, and April,
1871, have been taken as conferring the suf?
frage, but those acts are unconstitutional and
void in that respect. The case before ihe
court was nothing in comparison with ihe In?
vasion of constitutional rights which lt in
volved. Congress should not be permitted,
for any?purpose, to defeat or override the
constitu? ion. Congress can give the Uulted
States Coures no right to try violations of the
laws of a St tte.
Mr. Johnson then criticised the indictment
ou constitutional grounds. He said that the
jury were asked to find two verdicts against
the accused, viz: guilty of violating an act of
Congress, and guilty, lu doing so, of viol, '.og
a law of the State of South Carolina. The
prisoners would be put in Jeopardy twice for
the same offence.
Mr. Johnson concluded bis argument with
an eloquent peroration which produced a pro?
found impression upon the persons present.
TEE REPLY OF THE PROSECUTION.
Continuing the Kn-Klur Trials-Hr.
Chamberlain and Hr. Corbin Reply
to the Argument of Mr. Slanberry.
[FROM OUB OWN COBBESPONOBNT.]
COLUMBIA, December 5.
Thc United States Court opened this morn?
ing at the usual hour, and the case of the
United States vs. Crosby et al, for conspiracy
and burglary, under the Ku-Klux law, was re?
Mr. Stanberry. for the defence, handed in
his authorities, and spoke at some length In
explanation of the grounds of bis moiton to
quash the Indictment filed and argued yester
dav. He read from Wharton's American
Criminal Law, vol. 3, page 2290 and page
2349. the decision ot the Court for the Correc?
tion ot Errors, In the case of Lambert vs. the
People, 9 Cowan, 578, and other authorities,
showing that, in Indictments fur conspiracy,
the means by whioh the unlawml act was per?
petrated should be set forih, the names of
the parties Injured, Ac, and that, In the pres?
ent Indictment, such means at least should
be alleged as would reasonably prevent a per?
son from exercr3lfl^ nieTlgTir^
Mr. Chamberlain, for tne prosecution, re?
plied In support of the Indictment as made, ]
taking np each ground of exception In its
order. As to the first ground of exception
that the conspiracy charged ls to violate the
first section of the act ot May 31, 1870, which
section defines no crime or offence, and for?
bids nothing-he slated that it was through
no disrespect to the emlnenl counsel for the
defence, but that really lt was Impossible for
bim to discern any force In the exception. It
would seem, from the argument of the coun?
sel, that every section of an act should con?
tain a prohibition and affix a penalty to render
lt effectual. Such, however, ls not the case.
Sections are but arbitrary and artificial divi?
sions of an entirety, and are to be considered
not singly, but in connection with other sec?
tions with which they are combined. Nothing
is more common in legislative enactments than
that prior sections suouid assert rights, de?
clare duties, Ac, and some final section affix
a penalty. In the present instance, the tl:st
section defines the right, and the sixth sec?
tion provides a mode or punishment for a vio?
lation of the first. A* to the secord excep?
tion-that the names of the parties are not Bet
forth-the answer to that was, that lt was un?
necessary to set forth names in an Indictment
for conspiracy. 3d Greenleaf on Evidence,
section 89. also In 2d Russell on Crimes, page
679, lt ls shown that In an Indictment tor con?
spiring together on a certain day, through
false rumors, to raise the price of the public
funds, the indictment was held good, though
the names of the parties Injured were not
named. Also lu the cse ot the Com?
monwealth vs. Judd, 2d Mass., page 329,
an indictment for conspiring togetner to
manufacture and sell, with a fraudulent
Intent, a base and spurious compound as gen?
uine Indigo, was held good, though the par?
ties iHjurcd were not named. The objects of
a conspiracy may bc the public generally, a
certain class or an individual. In the case of
tbc Commonwealth vs. Harlem, 7th Metcalf,
an averment that the parties indicted con?
spired to defraud, it was held not supported
by proof that B, or the public generally, have
been defrauded, but that tin' 'odictment would
have been sustained had lt been alteged that
thc public genera'ly were Intended to be de?
frauded. lu our indictment, we have not
taken the latitude allowed us, but instead of
charging the fraud against the public general?
ly, as Is legitimate, have shouldered an addi?
tional burden by charging the fraud as against
various male cillzeus of African descent,
which allegation we propose to sustain by
To the third objection to the first count,
that the means by which the unlawiul preven?
tion was effected are not set forth, the answer
was also that it was unnecessary. 3d Green
leaf on Evidence, section 95-where the Inten?
tion ls lllega'. the means to accomplish it are
not necessary. 2d Bussell on Crimea, page
681, shows that in an Indictment the words
..did conspire by indirect means" were con?
sidered as surplusage, as also the words "by
devices, pretences and subtle means."
Mr. Stanberry. The gentleman doesn't
seem to understand the point raised by the
defence here. The statute reads, "if any per?
son shall, by threats, intimidation and vio?
lence," Ac, which iacU", we claim, it is neces?
sary to allege.
Mr. Chamberlain. The sixth section under
which this indictment ls laid reads : "If two
or more persons shall band or conspire to?
gether," Ac No means are stated, and none
need be alleged. The counsel reads from the
fifth section, which refers simply to Individ?
uals, and bas no reference to a conspiracy. As
to the objection that no specific election was
named, we reply that Amzi Rainey had aright
to vote at any and all elections. The offence
is a general one. Conspiracy ls defined as a
comoination or agreement of two or more per?
sons, by concerted means, to do an unlawful
act, or to do a lawful act by unlawful means.
The conspiracy need never have been effected,
but the simple Intent, by concerted means, to
deprive Amzl Rslney of the light to vote at
any election whatsoever completes the crime.
As to the flfih objection, that the qualifica?
tions of said male citizens to vote arc not set
forth. This conspiracy, as we have already
stated, ls a statutory offence, and the Indict?
ment has to be drawn under the statute. It
becomes Important here to refer to some
rules. From 1st Bishop, in criminal proce?
dure, section 359, we read that where offence
ls purely statutory, having no reference to
common laws, lt ls sufficient to charge In
these essential words of the sut ute. This is a
purely statutory offence. Not that conspiracy
Is out a conspiracy to violate the provisions of
the first eectlon of the act, and lt ls suffi
! clent when we charge in the essential words
of the act. The statutory offence is in these
words: "Shall conspire or band together to
violate the provisions ot this act," and we
have only put a burden on ourselves In
using the words to deprive certain male citi?
zens, of African descent, of the free exercise
of the right of suffrage; the words are unneces?
sary in themselves, and we are. therefore, not
required to state tbe qualifications of the
voters. State vs. Gould, 34 New Hampshire,
510; let Bishop on criminal law, 373; Earl's
case, 2d Lewie, 133. Tiie great and general
answer to ali the foregoing objections ls that
we are Indicting under a statute, and chargea
violation of the provision ol .tbe first section;
aud all additional allegations, such as
that the parties injured were male citi?
zens of African descent, are simply
gratuitous, and b?rden ns wit'j additional
proof, but are noe essential to sus'aln tbe
indictment. So much for the objections to
the first count. Now. let us consider-the ob?
jections to the second count. The first ob?
jection here made ts that it Is not alleged that
Balney was qualified to vote, but simply
stated that he was a citizen ot the United
States. We say. In the first place, that lt
substantially set forth when we allege that he
was possessed of the right of suffrage, secur?
ed and guaranteed to bim under the constitu?
tion, Ac, and all additional qualifications are
unnecessary, for they are charged in sub?
stance when we say that he was a citizen law?
fully qualified, ?c. Ia the second place, WH
I answer this ls a statutory offence-the words
of the act being* to conspire together with in?
tent to injure, oppress, threaten or i-.'iroi
d ue any citizen of the Uuited States in - e
free enjoyment of a right and privilege t
anteed by the cons:lunion,* Ac, and wei tv .
described the offence In the words of the stat?
ute and named the person Amzi Bilney, as &
citizen oi tbe United States, which is all that
As to the second objection, that no day of
election ls named, all that we have said tn
answer to a similar objection to the first count
Third. That the unlawful means are not set
forth. To this we reply that this is not an
offence that depends upon the means, the
time, or agalust what particular lddividual
directed, but the offence is complete short of
that, and ls perfected when, in the words of
the definition, a combination or agreement is
entered Into, by concerted means, to do an
unlawful act. It ls not necessary to name the
time ot an overt act. I would that I could
draw upon my imagination only for a case in
band, and were not staling a fact that has hap?
pened in this present year of grace. Suppose
that two or* three persons should go in dis?
guise, at night, to tue house of a clt'zen
a colored man's house-should smite his
wife to the floor, ravish his daughter before
his eyes, and, alter knocking bim down, drag
him out in the woods, should thereafter, de?
bating the question whether they would kill or
whip him, force him to take an oath that he
will never vote In a cetaln way. Now, sup?
pose all this, and suppose the mm to be Amzl
Balney, and shall lt be deemed necessary to
name a day of election ? Tbe distinguished
counsel say they are not disposed to be cap?
tious, nor to take advantage oi technicalities,
and yet they derna ud ot us. under these circum?
stances, to show at what election Amzl Balney
was hindered In the free exercise of the elec?
tive franchise by that oath. The offence was
complete when he was made to take the oath,
if there never should be aoy election what?
As to the objection that the indictment in?
cluded a charge of burglary, which was a do?
mestic crime, and cognizable only under the
laws of the Slate, Mr. Chamberlain went on to
say that he accorded due force to. the argu?
ment of the defence on that point, and agreed
that th s court cannot take jurisdiction of an
offence against the Sute of South Carolina
Section seven of thc act provides that If. in
the act of violating the provisions ot section
one of the act, any other felony shall be com?
mitted, the offender shall be punished In such
manner as ls prescribed by the laws of tbe
State for such crime. Ic was not the intention
of the government to try for burglary, but
simply upon conviction for the conspiracy, to
make the penalty the same as for burglary un?
der the State laws. This comes very short of
this count taking cognizance of the crime of
hnrg arj. We found that burglary had been
committed, and set ft forth In the words of an
Indictment In South Carolina, not to try the
offence, but to serve as the measure of punish?
ment as contemplated by the statute. The
sentence will not be for burglary, bat the
c 'Ult will merely refer to the law J of tbe
sute tor burglary, and affix th?t penalty to
The first objection in the fonrth connt ia,
that thlB couut does not allege that Amzl
Bainev was a citizen bf the United States.
This connt ls drawn under the fifth section,
which reads, "any person," Ac, and not a
citizen of the United States. As to the ob?
jection, "That it U not alleged that he was
otherwise qualified than by the fifteenth
amendment, we admit that the fifteenth
amendment does not absolutely grant any
right of suffrage, but practically and really lt
does secure aud guarantee to colored persons
such right, and we have simply followed the
chosen words ot the act.
The objection to the fifth count being the
same as to tne fourth, the same reply is appli?
cable; so als3 the sixth and seventh. It was
objected to the eighth count that the preser?
vation of the right to be secure in person and
papers against unreasonable searches, seiz?
ures, ic, was the province of the State laws.
The act under which this count was made was
intended simply to enforce the provisions of
the fourteenth and flfteeth amendments to the
constitution. If such power is vested in Con?
gress, as we understood the honorable coun?
sel yestesday to admit, then we hold that in
this instance Congress was merely intending
to protect Amzi Bilney and others from un?
reasonable search, seizure, Ac, rights guar?
anteed to them by the constitu? ion. It is true
that personal rights are protected by the Slate
laws; but is it not eminently proper, also, ihat
Congress should enforce such provisions of tbe
constli inion as affect them ? Certainly lt ls in
this Instance; lor while it be true that the hon?
orable counsel - as he says -and I are protect?
ed by the State laws from personal harm, it is
equally true that Amzl Bitney was not; and
Congress has come forward and said, we will
The objection to the ninth count Is that we
have not specified what laws of the equal pro?
tection of which Amzl Bilney was deprived
Our reply ls that lt is unnecessary. Inasmuch
as we bave charged in the words of the act.
The objections to the tenth count being the
same as the preceding, we make the same
At the conclusion of Mr. Chamberlain's ar?
gument, the court took a recess ot fifteen
minutes. When the court resumed, Mr. Cor?
bin followed at some length in support of the
Indictment, explaining and expounding the
views advanced by his colleague. When he
had concluded, the court, at the request of
Mr Johnson, adjourned till to-morrow, at ten
o'clock, when Mr. Johnson will close the argu?
ment for thc defence. PICKET.
THE VIRGINIA LEGISLATURE.
BICHMOND, December 6.
The General Assembly convened to-day and
the Governor's message was read. It is quite
lengthy, and treats of the economy of the
State, its financial, social, political and mate?
rial condition. With reference to national
matters be recapitulates Ihe arbitrary acts of
Congress and the President, denouncing their
encroachments upon the rights of the people.
Ti T nm WORLD'S NEWS.
LONDON*, December 6.
The Prince of Wales had some sleep last
night, and his fever is gradually subsiding.
NEW YORK. December 6.
In a recent suit in London, the United States
vs. The Blakeley Arms Company, the court
directed tbe proceeds ot the siles of war ma?
terial, belonging to the rebel States, to be
paid to the American Consul for the United
SPARKS FROX THE WIRES.
-The total contributions by the craft for the
Chicago printers amount to $9404.
-Blackmore, the Independent candidate for
Mayor of Pittsburg, is elected by 1274 majority.
-A new trial was granted in New York to
the prize fighters. Edwards and Collier, and
they were released.
-The wife of Coroner Moffat, of Memphis,
Tennessee, committed suicide with a carving
-The National Board of Trade met in St.
Louis yesterday-Atty delegates present.
OUTRAGE IN YORK UPON A MJSI&TER
OE THE GOSPEL.
[From the Colombia Phoenix.] ?
We are lnlormed of the following lncldeat
that lately occurred in York:
It seems that Major Merrill is known in
York as the "Autocrat," and that he bas fully
earned that epithet we feel sure, from all the
facts that have reached us. The wife of a gen?
tleman putin conflnement on the charge of
having whipped a negro man, having beard
that the said man had stoutly denied that
be had ever accused the prisoner of the
offence, requested a reverend gentleman,
her own pastor, to call on the negro and set
bim to come to ber, in order that she might
get his affidavit of denial, and thus secure tier
husband's Mease. Vor this offence (?) the
reverend gentleman was arbitrarily sum?
moned into the presence ol Major Merrill,
who, after keeping him walting fortwo hours,
dismissed him with the' order that before he
could leave the iown he moat.give bond of
two thousand douais for appearance, if- called
for, in Columbia, the fourth Monday of De?
These facts come to us from the highest au?
thority. It will be seen how this military re?
presentative of the United States Government
exercises his arbitrary powers. It will be seen,
further, what is possible under the- -enforce?
ment act of Congress. Here ls a quiet, unof?
fending minister of Christ bullied and treated
with discourtesy, because of the grave offence
of having, at a lady's request, asked a colored
man to call at her house for his evidence of
her husband's innocence. Tn la th Lng occurred,
we have every reason to assume, justas lt is
related. It shows this "military antocrat" to
be as regardless of what Is due lo the minis?
ters ot the Gospel as to the liberties of tba
citizens. We blame no man for the proper;
execution of bis duties, civil or military. In
this case, however, it seems that Major Mer?
rill has no warrant In his credentials for such
arbitrary proceedings, and he must accept the
public judgment which we Invoke upon his
proceedings-at least In this particular case.
THE STORMS OF WINTER. '
OMAHA, December 6,
The snow is still drifting. Twenty freight
cars were plied and and ruined by encounter?
ed drift at Sherman. Other tra?as are reported
off the track. Passengers complain of exac?
tions by division superintendents and hotel
keepers. The road ls practically blocked for
the present. The supply ot coal In this vicini?
ty ls nearly exhausted. Many ara using corn
CHICAGO, December 6.
The thermometer yesterday was seven to
twelve below. The cold suspends all work In
the burnt district.
ST. JOHN'S, N. B., December 6.
A very heavy gale from the southwest. The
cable broke between New Brunswick and
Prince Edward's Island.
Nsw Yoax, December 6.' '
The severe cold continues, with a higtr?aie
last night and this morning.
HALIFAX, December 6.
The heavy rain yesterday and the mild
weather to-day opened most of the porn In
this Province. ?
ST. PAUL, MINN., December G. ,
The thermometer was 26 degrees below zero
on Tuesday, and 24 degrees above zero to-d?y.
SHEA-BEVIN.-On the evening of the 30th
November, at the rastdence of the brt-ie's father,
by the Rev. J. M. Carlisle. B. Hi SE ?A to MAST E.,
eldest daughter or John IC Bevin, Bsq., all of. this
etty- . .... .... .
funeral 3Sotlt??. .
PORCHER.-Departed this life on Wednesday.
December 8. 1871, PHILIP JOHNSTON POUCHES, tn.
the sixty-sixth year of his age.
THE FRIENDS AND ACQUAINT?
ANCES or the deceased, aad of his family, are In?
vited to attend his Fune-aL at st. Michael's
Church, Tais MORN IMO, at ll o'clock. dec:-*
^Bsf^PE^CIAL NOTICE.-TO THE
I LADIES 07 CHARLESTON : The DIAMONDS.
GOLD WATCHES AND JEWELRY to be Baffled
by the CHARLESTON CHARITABLE ASSOCIA?
TION, m public, on SATURDAY, THE 239. OF
DECEMBER instant, can be seen in the Second
I Story of No. 117 MEETING STREBT, opposite
Charlesron Hotel, from io o'clock to 1 o'ciect
each day. There ls a Private Entrance from the
stree: to the Exhibition Boom.
The DIAMONDS consist or sets or Earrings and
Breastpins, and Binga, Bracelets, Fine Oold
Watches and Opera Chains, Ac. Gentlemen's
Gola. Watches (Stem-winders) and Chalos. All
the goods are warranted to be of the fl rat quality,
and any Jeweller can examine them as to, their
genuineness and quality. The Diamonds are rich
and large, and set In the latest style, and have
just been Imported for the Association by the cele
I brated Importing Jewellers "LARMOUR ' A CO.,"
or Baltimore City.
CE RT IF. CATE CHANCES only ONE DOLLAR,
and can be purchased at the Boom Where the
The Ladles are respectfully invited to call and
examine these Beautlfal Goods._dec7-l6
pW* NOTICE.-ALL PERSONS ARE
hereby cautioned against harboring or trusting
any or the crew or the British Ship "City of Hall
rax," Cummlnger, Master, aa no debts of their
contracting will be paid by Master or Consignee,
??tr-OFFICE OF COUNTY TREASURER,
FIRE-PROOF BUILDING, CHARLESTON, 8. 0.,
NOVEMBER 6TH, 1871_The Books ot the Treasu?
rer of Charleston county will be opened on tte
20th day or November, 1671, for the receipt of
TAXES due the State and County lor the year
The penalty of twenty per cent provided by
aw will be added to all Taxes remaining unpaid
on the ISth day or January, 1872.
The rate or taxation for the year 1871 la as fol?
lows, viz: *
Stite Tax per centum...T milla.
County Tax per centum.S mills.
Poll Tax per capita.$. 1 00
novs-lmo Treasurer Charleston County.
pgr* THE CHARLESTON CHARITA*
OLE ASSOCIATION, FOB THE BENEFIT OFTER
FREE SCHOOL FUND.-OFFICAL RAFFLEB
GLASS NO. 232-MOBNrNO.
62-19-28-43- 9-20-24-72-55- 5 -48-52
CLASS No. 223- EvKNixa.
As witness oar hand at Charleston thia 6th day
or December, 1871. FENN PECK,
pw* ON MARRIAGE,
Happy relier for Toung Men from the effects
of Errors and Abuses in early Ufe. Manhood re?
stored. Nervous debility cared. Impedimenta
to Marriage removed. New method of treat?
ment. New and remarkable remedies. Book*
and Circulars sent free. In sealed envelopes. Ad?
dress HOWARD ASSOCIATION. No. 1 South
Ninth street, Philadelphia. Pa._octU
*<r-BATCHELOB'S BABB DYE.-THIS
SUPERB HAIR DTE is the best In Me world-per?
fectly harmless, reliable and Instantaneous. No
ileappolntment. No ridiculous tints or unpleas?
ant odor. The genuine w. A. BATCHELORS HAIR
DYE produces IMMEDIATELY a splendid Black
or Natural Brown. Does not stain the akin, bot
leaves the hair clean, soft and beautiful The
only Safe and Perfect Dye. Sold by all Drug*
gists. Factory No. io Bond street, New York,
ATTORNEY AT LAW,
HO. 72 B E o A D Sum
Char leeton, s. O.,
Will Practice m tho state and Federal coarta,