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-;- - WTTrfwTO SS-5 " CHARLESTON, > A1?KDAY MOKNING, DECEMBER 9, 1871. EIGHT -DOLLARS' if YEAIf
THE K?-KL?X TRIAIS.
^iRRAIGNMEST OE THE PRISONERS.
The Peremptory Challenge*-Decidion
of the Court-The Prisoners Plead
[SPECIAL DISPATCH ?0 THU KS WS.]
COLUMBI.' , December 8.
Ia the United States Circuit Court, to-day,
the argument upon toe right of the defence
to challenge . peremptorily ten Jurors . waa re- ?
sumed. The court differed in opinion, but j
Judge Bond conceded the right of peremptory
challenge in the case ander consideration.
The prisoners, Hezekiah Porter and Sherodl
CuUders, were then- arraigned,- pod pleaded-]
guilty of the charge of cotjpirtng to deprive
American citizen3 of the right to vote, and of I
injuring Amii Bainey for voting. They re- f
served the right to read affidavits io mitiga
Hon of pnniab&eht; Mr. 8tanberry raised tne j
point whether the prisoners could be tried for
aa offence committed In Marci, last, " and
charged OD April 21st, ander the Ku-Eiux law
which passed April 20th.
Evans Murphy and Wm. Montgomery were
aiso * arraigned, and pleaded ^pillty of the
charge of preventing citizens from voting.
They reserved the right to move In arrest ol
Judgment, as in the other cases reported.
Points will then be made for certification to
tho Supreme Court. - ' PICKET.
DETAILS OF THE TRIAL.
Thc Opinion? cf (be Court on the Motion
TO ?tua??-Arraigning the Accuie<?
The Hight Of Peremptory Challenge.
[FROM OUR BPSCTAX RBP0KTE3. ]
COLUMBIA, December 7. 1
The proeeedlngs m the United States Cir?
cuit Court to-day have bee a un usually Inter?
esting, sod the attendance large, among the
spectators being many representatives of the
oldest families of the State. It was known
that the opinion of the court Wohld be giren,
on the motion to quash the indictment against
Allen Crosby and others, upon the grounds of
informality, unconstitutionality of procedure,
and many other earo/e that were generally
conceded and believed to be fatal thereto.
Judge Bond read "the opinion, which was,
perhaps,-characteristic for brevity.
The first and eleventh counts In the Indict?
ment were sustained, and the other counts,
except those embracing the charge of bur?
glary, were decided bad, and oQ toe burglary
charges there was a division of opinion. The
prosecution waa particularly pertinacious in
claiming the right to withdraw the charges of j
burgjary, and thus defeat the ends of Justice j
by keeping the questions of the constitution?
ality of the law ander which these extrmordi- j
nary proceeding are conducted ont of the
Supreme Court. The following ls the opln-1
ion of the court:
Aller the prolonged and .very able argu?
ment of counsel apon the motion to quash, we
feel em harassed, gentlemen, that upon so Ut- j
tie deliberation we are to pass judgment upon
the grave questions raised here. Bot the
fact that so many persons are now io confine?
ment upon these charges, and that sa many
witnesses are In ?r^hdaoce upon the court,
at great personal expense, makes It necessary
that we should net delay looser. And the
first objection to the first count Tn the indict?
ment ls, that the section of the act of May 31,
Jw, which this count chargea the parties ?
with conspiring to violate, declares no penalty |
for the offence.
The fleet section of the act declares a right.
It is referred to in this count by Ita number,
and with sufficient certainty, lt seems to us, I
to enable the parties charged after trial to j
plead the verdict rendered Tn this case in bar J
to another indictment. After declaring the
right, the statute proceeds ta seclloo seven to j
define the punishment for Its violation. It is I
not necessary, it seems to tts, that each sec- j
rion of the. sot should contain or disclose the1
penalty for Us infraction. That ls often, as in
this statuta, referred to a later ?nd generally
to the closing section of the act defining the
crime or offence, and is made applicable to all
the antecedent s'.otlons. It is objected, more?
over, that this count does not contain the
names of the parttee, who being entitled to
vote, were to be hindered and prevented from
the exercise of the elective franchise by the
It must be remembered that this ls not an/
indictment to punisba wrong done io Individ
uais Against the peace and dignity of the Uni?
ted States, bot fdr a conspiracy to do that
wrong. The offenceis completed the moment
the compact ls formed, whether any person*
within th? contemplation of the first section
has actually been hindered or not If the/
travers?es never committed any overt act, bot
separated and went home after the comple?
tion of ihe conspiracy, they have incurred the
penalty which the seventh section prescribes.
So lt makes no difference what particular per?
son the conspiracy,- when put in motion, first
reached. The act complained of ls the con
sm racy, and h* it be true, that any person was
hindered or prevented from the exercise of
the right granted by the first section, such
hindrance and prevention ls only proof of the
conspiracy, and does not In any wise tend to
make the crime more complete. .' "jr
It ls generally Ruffloieot lu charging a statu?
tory offence to set lt out In the words of the
If the statute uses a common law name for
a crime which lt purposes to punish, the In?
dictment must set forth the vari?os Ingredi?
ents of the crime which go to make up the
cfience at common law. Bot when the statute
itself creates the offence and defines lt, lt ls
sufficient if the Indictment use the words ?f
the st atute, unless the words be Indefinite and
vague, ambiguous or general, In which case
the Indictment moat so particularize the act
coc? plat ned of, that the party charged shall be
mo doubt of the offence alleged against
The certainty required fa, that which will
enable him to plead the verdict In har of any
It is alleged, In this count, thai' this conspi?
racy was to go Into operation at an election
not yet held, to wit. the third Wednesday of
October, 1872, and lt la objected that thin is
not sufficient That the right to vote ls not a
continuing right, but exists only at the tine of
its immediate exercise.
It mould be strange, indeed, if parties could
not be punished, if it be necessary to punish
thnm at all, for any offence but those commit?
ted against this ac* on election day, and in the
direct exerciser of the elective franchise. The
usefulness of the act of Congress would be en?
tirely frustrated by such requirement. A man
may be so effectually intimidated weeks before
an election that he would not dare to go with?
in a mlle of the polls, and all the mischief the
act ls Intended to remedy would flourish and
no punishment could be awarded them under
this construction, because the right to vote ls
not a subsisting right, but one which recurs to
the citizen om election day. We do not so
hold. ? ' .
The uncertainty which the count leaves as
to Whether this, was a State election or a Fed?
eral ls urged as fatal. . < ,< ?'
The indictment charges that this was a con?
spiracy to violate the first section of the act
Thia section declares that all citizens shall be
allowed to vote at all elections, who are qual?
ified by law to vote, without distinction of
race, color or previous condition of servi?
Congress has never assumed the power to
prescribe the qoaltfleaiona of voters in the
several States. To do so Is left entirely with
the Sta' es themselves.
But the constitution has declared that the
States shall make no distinction- on the
grounds stated In this first section, and by this
l?gislation Congress has endeavored in away
which Congress thought appropriate to en?
^JS- ls this act of appropriate legislation, and
tip first section of lt which the defendants are
charged with violating, and we think lt makes
no difference at what election, whether It be
?tate or Federal, bets Intimidated or hindered
. from voting, because of bis race, color or pre?
vious condition of servitude.
Congress may have fouud It difficult to de?
vise a method by which to. punish a State
which, by law, made such distinction, and
may have thought that legislation most likely
to secure the end In view, which punished the
Individual citizen who acted by virtue of a j
State law, or upon his individual responsi?
bility. . ?
If the act be within the scope of the amend?
ment and in the line ol Its purpose. Congress
is the sole judge ot'ice appropriateness.
Tbe next objection, which is that the count
does not set forth the qualification of the
voter, ls sufficiently answered, we think, in
tbe remarks we have made respecting the re-1
qulremenu of Indictments setting forth statu
We are of opinion that the second count I
of the Indictment ls bad, because lt does not I
allege that Amzl Rainey was qualified to vote;
a nd, for another reason more fatal, that it al?
leges tbe right of Rsioey to vote to be aright
and privilege granted to bini by the Constuu
HOD of the United States. This, as we have
showB, ls not so. lue right of a citizen to
vote depends upon the law of tbe State in I
I which he resides, arid ls not granted to bim
by th? Canstiiu.lon of the united States, nor
ia such right guaranteed to him by that lostru
ment, all that is guaranteed ls that be shall
not be deprived ot the suffrage by reason of I
? his race, color or previous condition ot servi?
The third count is a repetition of the second,
with a clause setting ont a charge of burglary; I
Concerning the courts jurisdiction over such
charge, the court is divided In opinion, andi
will therefore make no comments on lt at this
The fourth count Is obnoxious to the objec-1
tion that neither the citizenship of Rainey,
nor the fact Of his qualification to vote, lr set
Tne flAh count repeats the charge contain
ed in tbe fourth, with the additional clause
contained in the third count, and the court re- j
frains rrora noticing lt for tbe reasons given oar j
to the third count 1 ' .
The sixth count Is intended to charge ?don- I
sp 1 racy to oppress Rain ey for having, prior to
1st February, 1871, exercised the right of snf
frage, and would be gow! if it were drawn
with the partiouiar.ty of the first count, which
charges a. conspiracy to oppress, to prevent
the future exercise of the right It does not,
however, contain any allegation, of the ract ol J
qua;location, nor that the party was entitled I
to vote In Tork County, br anywhere else, or j
thai he ever exercised hi? right to vote.
The seventh count is a repetition of the
sixth, with the (marge of burglary added aa in
the third countT^
' Tbe eightb count alleges a conspiracy to pre* I
vent and hinder Ralnev (Tom the exercise of a
right secured to -timby toe Cons?tutlouofthe
United States, which ls defined to bo the right
to be secure in his person and papers against
. The article lu the Constitution of the United
States to enforce wt icn this count is supposed
to be drawn, has long been decided io be a I
mere restriction upon the United States itself.
The righi to -ba secure In one's houae Is not a
right qerived'fro'm the constitution, but it ex
isted long before the adoption of the constltu-1
lion, at common law, and cannot be said to
comewlthinthemeanlngofthe words of the
act "righi, privilege or Immunity granted or
secured by -the Constitution of the United
The ninth count is entirely too indefinite,
and the defendants could not possibly know
from ita. language with what offence they]
were chargea, and-trie same objection Is valid I
as to the tenth count.
The eleventh and last count of (he indict
ment chargea a conspiracy to injure Rai ney
because he had previously-voted for a mern
ber of Congress. We bare no doubt of the I
; power of Congress to interfere in the proteo
Hon of voters at Federe! elections, and that
that power existed before the adoption of I
either ol tbe recent amendments.* It ls al
power necessary to the existence of Congress,
and this count seems to set forth the charge I
wlth.sufflclent perspicuity, and ls not liable to
the objections urged against lt.
The motion to quash ls overruled as to the I
first and eleventh, counts of the indictment,
and sustained as to the others, excepting such I
as (he court is divided respecting.
The counsel lor tho defence were not to be !
deprived ol' the righi by any honeyed argu-1
ment s of the prosecution, and made serious
objection to the mode of proc?dure, by the
district attorney, rn withdrawing the counts;
both those adjudged bad,-.and those upon
which the court differed. This objection,
after thorough argument, was also overruled,
and, with the understanding that another I
case would come up to-morrow involving the
points at issue, in vrtuchthere were no wit-1
nesses walting,-ih? rrosecutlon was allowed
to proceed. The defence having elected to
sever, to avail themselves ol the legal privi?
lege ol peremptory challenge, the proseeu
Hon pursued a similar course, and determined
to try each person mentioned in the question
able Indictment separately. Shecod Childers,
one or the parties referred to, was then ar-1
reigned, ana pleaded not guilty. In reply to
the court, he stated that, on account of the
absence of his witnesses, he was not vet
ready lor trial. The prosecuting officer, with
the same noticeable zeal that bas character-1
Ized his course throughout the proceedings,
Insisted on Immediate trial, but Judge Bond
decided to go on wkh the impanelling bf the
Jury, and to give Childers unUl to-morrow to
produce his witnesses, who have already been
notified. ' !
, The first Juror called was Andrew W. Cur?
tis, colored, who was peremptorily challeng?
ed. This brought both *of th? prosecuting
officers, Corbin and- Chamberlain, to the
rescue, who objected to the right of peremp?
tory challenge, and the remainder of the day
was occupied in discussing 'this point, both
Hr. Johnson and Mr. Stanberry contending
strongly for the rlgnts of toe prisoner. Tba
Judges reserved meir decision. During the
discussion upon the rights of apiisonerto"
peremptorily challenge In other than in j
capital cases, man? authorities were cited to I
sustain the position. The arguments took
wide latitude, and were several Umes. inter?
rupted-by the judges, during one of which In?
terruptions his Honor Judge Bryan delivered
himself of. the following in referring to authori?
ty that had been cited by Mr. Johnson in sup?
port of the right to peremptory challenge:
"This ls a matter of the gravest Importance.
We are shut up by a very severe decision to
an unexpected result, as in a case of
this kind where the Bute has the light
of challenge, and we are -forced to a
conclusion, tinder the decision of How?
ard, that there ls no progress whatever
in criminal matters to us here In the United
States Court; that the unmodified common
law sod tue common law as modified by stat?
utes and prevailing in South Carolina and
England at the time.of the adoption of the
constitution before the modified common law,
shall be the role of this court. I think that
the conclusion -.ade the law, but lt seems to
me lt ls carrying the decision In Howard very
far, carrying lt beyond its Just intention, that
we should be Bhut up to unmodified common
; law, In common law as modified by statute at
tbe time of tbe adoption of the Constitution
of the United States, modified in South Caro?
lina and in Fugiand, but the common law as
unmodified by statute, that is the common law
under the rul? of practice In England and the
rule of practice here, as modified by common !
law. but the common law itself, unmodified,
under these circumstances. I desire to look
more carefully Into the decision in Howard
to see whether we are shut up to such a con?
clusion; that is, if we are cut off from all pro*
gresa arid are to accept the common law as
unmodified in the common law as modified
by statute at the time of the adoption of the
Constitution of the United States to the un?
modified common lawas-the role of our ac?
Mr. Johnson remarked that he was satisfied
wit_h the decision of Howard. Indeed, he
said : "It would be very bad taste lc me, of
which I trust I should not be guilty, to assail
Hdecision of the Supreme Court of the Up?
states." ' TCOa
Alter the decision of the court shall be given
In the morning, It Is probable that the impan?
elling et the Jury will be proceeded with in
the case of Sherod Childers, lt having been
stated by his counsel that the witnesses would
be in attendance.
sue ASS ZW HAVANA.
HAVANA. December 8.
There ls much local speculation in sugar. A
heavy decline is apprehended when sugars be?
gin to arrive.
BOWEN'S LAST BARGAIN.
A BRAND NRW COMPACT BETWEEN
SCOTT AND THE EX- CONGRESSMAN.
The Filibustering ia the Faltering
StnMt-Rnmcrcd Bc moral Of Treas?
urer Gnrney-The New Appointee for
[SPECIAL TELEGRAM TO THB NB VS.]
COLUMBIA, December 8.
Ia tbe House, bills were introduced to re?
peal the sterling fundlD g loan act; to bum (he
bonds already printed, and to abolish the of?
fice of State and county auditor after next
July, the office being merged in that of county
treasurer; to.prevent the treasurer from pay?
ing out any money except npon a concurrent
resolution of both houses; also demanding a
variety of reports from Scott, Parker and
The tenate filibustered all day on the Joint
resolution authorizing the attorney-general to
secure possession of tbe sterling funding bonds,
and to place them in the custody of the secre?
tary of State, and on the joint resolution to
require the treasurer to prepare an exhibit of
the bonds and stocks cf the State. In the
meantime, Governor Scott and Treasurer
Parker telegraphed this morning a Joint order
to the American Bank- s'ote Company to send
the sterling bonds, by express, to this city.
It Is reported that Gurney, the treasurer of
Charleston County, is removed. It is certain
tbafBowen ls moving heaven and earth to
.ecure tbe removal of Gurney and the ap?
pointment of Jame* Brennan in bis place. lt
is reported that Governor Scott and Bowen
haye* come to terms, and concluded a bargain
In which this removal and new aor ointment
are a pronnne.it consideration. PICKET.
THE RING'S GAME OF "BLUFF."
K Bold Expedient-The Bond Mill to
OHnd on-A Tub of Greenbacks to tilt
L?gislative Wbale- Thc Effert npon
our I^M-orruptlble Bol?n??The De
stroylng Angel VIctoi lone.
[FROM 0DB OWN CORRESPONDENT.]
COLUMBIA. December 7.
An ominous cloud accumulated ia the upper
part of the city last evening, and out of It
there stepped a Destroying Angel which rus?
tled its black wings and gathered in the Legis?
lature. To-day the Destroying Angel passed
over the Senate, and its shadow darkened the
ball four hours. Everybody felt its presence,
and the members owned Its power. Its clutch
was upon their throats; its breath was la their
faces, and lt conquered, and thus was extin?
guished another hope that had been cherished
.that the Legislature would realty accomplish
something toward preventing and punishing
the Irauds of the Ring.
To drop the metaphor, however, and nar?
rate the tacts. A largely attended caucus,
comprising all tje members of the financial
board, aud a good comber (rom each house of
the'Leglslafure, was held last evening at the
residence of Governor Scott, at which a plan
of campaign, intended to divert attention
from the real question of the hoad swindles,
while continuing to throw sand In ihe eyes of
the people, was broached by the Governor
and virtually agreed upon by a majority of
the company. In other words, the cards
were stocked for a very large game of "bluff,"
and th? Ant de J was made in the Senate to?
day. The plan ls believed to include a device
for putting more bonds upon the market, for
launching the sterling fund loan bonds, now
said to be on deposit tn New York, On the street
for what they will orlng, for authorizing anoth?
er wholesale conversion of State securities, and
a stipulation, by way of bait, for securing the
payment of the l?gislative expenses, regular
and contingent, at an early day. The full de
vetopment oi tooee schemes may be expected
very soon, and Indeed lt was plainly enough
begun in the Senate to-day In a four-hour fight
over a resolution to call In and destroy the
The main battle of the day was Introduced
by taking up, on Maxwell's motion, the report
of the finance com m, fee in favor ot Whftte
rnore's Joint resolution authorizing the attor?
ney-general to secure the possession of the
bonds of the State ot South Carolina, known
as the sterling funded debt bonds, and place
the rame tn the charge ef the secretary of State
tor safe keeping. This"resolution ls as fol?
Be it resolved by the Senate and House of
Represe mai Ives of the State of South Carob
na, now met and sitting in General Assembly,
and by the authority - ot the same. That the
attorney-general, of the State of .South Caroli?
na be, and he ls hereby, required, on the pas?
sage of this resolution, to take Immediate
steps to secure the possession of all the bonds
Issued under an act entitled "An act to create
a debt of the State of South Carolins, to be
known as the sterling funded debt; the same,
or the proceeds thereof, to be exclusively
used in exchange- for, or in payment ot, the
existing public debt;" which bonds areyepre* 1
sented to be lo the hands of the American
Bank Note-Company, New York City; and the
attorney-general shall, upon securing the said
bonds, place them lu the hands of the secre?
tary of State for safe keeping, and report the
same to the General Assembly; and the secre?
tary bf Slate shall be held responsible for the
safe custody of the said bonds.
Upon Its Introduction a motion was imme?
diately made by Leslie to amend by substitu?
ting his bill, introduced last Monday, which
reads as follows:
bKorioN 1. That the act passed by this Gen?
eral Assembly, approved March 7, 1871, en?
titled "An act to create a debt of the State
of South Carolina, to be known as the sterling
funded debt, the same, or trie proceeds there?
of, to be exclusively used ia exchange for,
or in payment of, the existing public debt ol'
said State," be, and lhe same is hereby, re?
pealed as to each and all of its providions.
SEC. 2. That bis Excellency the Governor
be directed, immediate y upon his approval of
this act, or upon Hs otherwise becoming a law,
to procure and deposit, or cause to oe pro?
cured and deposited, In the office ot the secre?
tary of State, all bonds which have been print?
ed, or otherwise prepared for issue, under the
provisions of said act
The debate that followed lasted from two
o'clock till nearly seven, and brought out al?
most every Republican member of ihe Senate.
Every species or filibustering and pettifog?
ging known even to such a code of tactics as
this body recognizes, was exhausted In the
course of the discussion, and the respective
resolutlons'were overlaid so thickly with mo?
tions, ftc., that their own authors could not
recognize them. It was evident, however,
that the unanimous object was to prevent the
passage of either by talking against time while
Pretending to favor the general proposition
he most prominent talkers were Leslie. Whit
temore. S walls, Mayne, Nash and Smalls.
Leslie declared that the whole scheme was to
get the bonds to Columbia and give the Gov?
ernor a chance to issue them and then throw
the blame on the Legislature. Nash retorted
that Leslie was opposing the motion because
he was pecuniarily interested, if not In the
bond frauds at least lathe bonds. The rest of
the speakers talked mainly against time, and
the result'of the battle, tnough apparently a
draw, as the Senate adjourned without anv
action whatever, was really a triumph for the
In the House the proceedings were not of
especial Interest. - The metropolitan police bill
did not make lt? appearance as was expected,
and it is now said that it will not be Introduced
for about two weeks. The first thing done waa
to resume, the 'debate upon the proposed
amendments to the tax law requiring Incom?
ing taxes to be deposited directly La a desig?
nated bank and held subject to the orders of
the Legislature. Thia was strenuously opposed
by Jones, Mobley, Jamison and Bras, their
principal argument being that it was unsafe to
put the income into a bank whose officers
were all deeply Interested tn the bonds of the
State, and where lc was probable lt might
be attached by j egal process or in some way
diverted to the payment of the January interest
on those bonds. Bowen urged Its passage,
clalmiog that money was now flowing out of
the State for the benefit of the -New Turk
bondholders, and that a large amount would
soon be s^nt, and Intimated that a remarkable
change, not altogether disconnected with in
" tereated motives^ had come oVerthe spirits of
his opponents within the past twenty-four
hours. The Destroying Ange), or whatever
it was that inspired the opposition, proved
too powerful, however, and the bill waa de- I
feated by sTIktng out; on Mobley's motion,
the enacting clause, ffmlf ti
This brought the House to the hour of one,
and the G J vernor's message was taken up, as
the special order, and reviewed by Wilkes,
of Anderson, who occupied^ the time until the ,
hour of adjournment. ' ' PICKET.
THE CHAMBER OF COMMERCE.
Proceedings of the Special Meeting.
A special meeting of the Chamber of Com?
merce was held last evening, President 8. T.
Topperin the chair.
The Chamber having been called to order by
the president, a memorial from the Chamber
of'Commerce of .New Orleans to the Unfed !
States upon the subject of refunding the cot?
ton taz was submitted to the consideration, of I
the meeting, and with the a cc o m pacing com?
munications was received as information, and
ordered to be referred to a committee of five, '
with instructions to report at an adjourned
A report from the committee on the clock ]
proposed to b'e placed in the hew Poe toffee,
was read, showing that Mr. Oakshott, the HU- ]
pervlslng architect, had forwarded the appli?
cation ot the Chamber to the department,
with a recommendation that the permission
asked for be granted. The president said he
had no doubt that a favorable: answer would I
be given. __
The following gentlemen were daly elected
members of the Chamber: George A. Locke,
M. H. Pxloleau, W. Howard Snowden. A.
Canale, Arthur Barnwell, A. J. Creighton, J. j
A. Smythe and W. L. King, v la
A conmunlcatlon from John F. Taylor A Coi',
Inviting the Chamber to be present at the trial
of the new hydraulic cotton p'r?sj erected at
the foot ol Pi nek ney street, was read and th?]
President Tupper informed ike Chamber that 1
two distinguished gentlemen from the'nw.
rior, members of the executive committee o
the Taxpayers' Convention, were In the city,
and lt was deemed proper that they should be
Invited to appear before the Chamber, where J
the movement originated which led to the
.Taxpayers' Convention and the subsequent
Investigation of the financial condition of the
State. He proposed that a committee be ap?
pointed to walt npon the gentlemen (Messrs.
Chesnut and Aldrich) and accompany them to
The president appointed, as the committee,
Messrs. Wm. Ravenel, F. J. Porcher and W. A.
Courtenay, who shortly afterwards returned
escorting the Hon. James Chesnut and the
Hom A. P. Aldrich, who were received with
The president introduced the guests to the
Chamber, alluding in complimentary terms to
the high character of the statesmen which the
broad acres and forests of the rural districts
had given to the State. He extended to
Messrs. Chesnut and Aldrich a cordial wel?
come, and expressed his confidence that the
movement now afoot weald lead to the hap?
The Chamber was then addressed hy the
j Hon. James Chesnut and the Hon. A. P. Al
I drich, their eloquent and logical remarks being
I received with deep Interest and loudly cheered.
I They were followed by Colonel Thomas Y.
I Simonp. who explained, at some lengtb, tbe
present condition of the finances of the State.
Mr. Louis D. DeSaussure offered the foliow
! log resolution, which waa nnanlmoasly
Resolved. That the thanks of this Chamber
be extended to the Hon. James Chesnut and
the Hon. A. P. Aldrich for the able manner in
which they have explained the objects In
view, and that we tender them the hearty co?
operation of thia Chamber, and that a com?
mittee of the Chamber be appointed to confer
with them and their colleagues of the execu?
tive committee of the Taxpayers' Convention.
On motion the Chamber then adjourned.
AN IMPORTANT TRANSACTION.
I The Purchase of Macon and Augusta
Railroad Stock by tbe South Carolina
[From the-Augusta Chronicle, December 8.]
The mayor, with the approval of the
finance committee, sold, on Wednesday, the
five thousand shares of stock owned by the
city in the Macon and Augusta Railroad to
the South Carolina Railroad at forty cents on
the dollar. The amount realized by the
sale, then, is $200,000, for which the city ls
to take the no< es of the South Car?
olina Railroad Company in such amount',
with seven per cent. Interest from date, ana
payable at such times as will be deemed
best by the mayor and finance committee, to
meet the outlay required for enlarging the
canal. This, lt seems to us, lu the best dispo?
sition that could have been made of the stock.
The South Carolina Railroad Company will do
nothing detrimental to the interests of Augus?
to, atm we understand that lt will give ample
security to the city for the payment of the
notes as they fall due. By the sale of this and
the stock owned by the city in the Charlotte,.
Columbia and Augusta Road, it is probable
that the canal can be enlarged without taxing
property holders one cent more than the pres?
ent rate. _ . .
THE WEATHER THIS HAT.
WASHINGTON, December 8.
A rising barometer and falling temperature
will probably prevail on Saturday on the Mid?
dle and East Atlantic, and brisk northwesterly
winds will continue for a short time only on
the coast, Westerly winds, veering to south?
west, are probable on the upper lakes, and
southerly winds, with cloudy and threatening
weather, on the Gulf coast. Warning signals
have been ordered for this evening at Norfolk,
Baltimore, Cape May and New York.
Yesterday's Weather Reports of the
Signal Service, TJ. S. A.-4.47 P. M.,
Key Weat, Fla..
Knox ville, Tenn.
j at. Louis.
NOTE.-nie weather repon dated T.47 o'cioct,
this morning, will be postad in the rooms ol the
Chamber of commerce at 10 o'clock A. BL, and,
together with the weather chart, may (by the
oourtesy or the Chamber) be examined by snip
masters at any time daring the day.
NO HOPE FOR WALES.
THE METS APPARENT TO THE ENG?
LISH THRONE' SICK UNTO DEATH.
The Latest Bulleting of his Condition- I
Congestion ofthe Langs Set In-The
Effect of the Tidings on 'Change.
LONDON-, December 8-9 A. H.
The PrtDce of Wales had a very restless
night, with considerable increase offerer.
LONDON, December 8-1.30 P. M.
, The Qoeen ls at the Prince of Wales's bed?
side. The morning papers are publishing ex?
tras, erery isst?e of which increases the public
LONDON. December 8-5 P. M.
There are exciting rumors on 'Change an?
nouncing the death of the Prince of- Wales,
but the news is.not authenticated, and should
be received with great caution.
Nsw YORK, December 8-12.30 P. M.
The Gold Boom is excited over a baseless
rumor of the death of the Prince of Wales and
a panic in the London markets. Gold ls con?
sequently strong and active. There ls no au?
thority whatever for the rumor.
LONDON, December 8-3.30 P. M.
The precarious condition of the Prince con?
tinues. Exacerbation began last night, and hi
attended with great prostration.
LONDON, December 8-0 P. M.
The Standard's extra, Just out, states that
"the Prince ls sinking last, his lungs being
congested. There is no hope."
LONDON, December 8-9.30 P. M.
Tbe physicians la attendance on the Pria ce
of Wales hare Just lfsned a bulletin stating
that hts Boyal Highness ls st ru very much |
A CRISIS IN FRANCE
Th? French Assembly ?ad the Orleans
Princes-Rights of the Royal Depn
ties-Proposed General Amnesty in
LONDON, December 8.
The situation of France ls grave. The Or?
leans Princes are pushing things. Thiers as?
sured the Princes that their presence in the
hall of the-Assembly wouldarouse animosities.
The moment was inopportune. The Bona
partlst, Bed Republican and Legitimist Jour?
nals would clamor that the Beptmllc was men?
aced. The Princes answered that they would
pot act without further consideration. Thiers
showed extreme anxiety to deter the Princes
from taking their seats. The commission upon
the abrogation of exile had an emergency ses?
sion. Should they abrogate the exile, the
Princes would perhaps enter the hail. Thiers,
under the circumstances, will probably pre?
sent to the Assembly a proposition for a defini?
tive republican government. It ls believed
that the Duke d'Aumale can carry the majori?
ty of the Assembly.
PARIS, December 6.
The National Assembly effected an organiza?
tion to-day by re-electing President Grevy and
the vice-president of the last session. The re?
port that Thiers bad sent his message to the
Assembly was premature. Although Its con?
tents are known, lt has not yet been received
or published. It Is rumored that Thiers with?
holds the document because he ls averse to
declaring himself in favor of the admission of
the Orleans Princes to the Chamber, and
some avowal on this point ls expected lo his
forthcoming message, the more especially as
lt ls supposed that be has received notifica?
tion that the Princes Intend to claim their
rights te seats as legally elected representa?
tives of the people. The status of the Orleans
Princes promises to be one of the leading
questions before the Assembly. Bills restor?
ing to them their confiscated estates
and all their rights as cHlzens of France
are preparing, and will be introduced at an
early day. It ls anticipated that thew
measures will give rise to long and exciting
debates. The extreme lett wing will meet
them with propositions for general amnesty,
which, setting free the thousands of Com?
munists still held prisoners in hulks and else?
where, wUl be considered the only equitable
complement of the act ol Justice proposed to
be done to the house of Orleans. The presi?
dent, with his well known cautiousness, hesi?
tates to commit himself on subjects so pro?
ductive ot agitation. The Princes to-day
waited upon Thiers for the purpose ot listen?
ing to an exposition ot the reasons influencing
bim against their taking seats in the Legisla?
ture, and of endeavoring. by argument to
change bis decision. The president received
the Princes courteously,but, owing to the pres?
sure ot public business, was unable to bear or
reply to them to-day. He, however, appointed
an interview for Friday next, at which time
be will be prepared to develop tully his reasons
for restraining them from taking their seats in
the Assembly. ' .
NEWS FROM WASHINGTON.
WASHINGTON, D. C., December 8.
Senator Trumbull has no recollection of ut?
tering the sentiments attributed to him by an
[Interviewer in the Louisville Courier-Journal.
The account represented Trumbull aa favor?
able to Grant's re-election.
A suit was commenced to-day in the Dis?
trict Court by. Gassaway B. Lamar against
Sarnl. B. Cabell for the value ot four hundred
and twenty-six balee of cotton which Lamar
casually lost and Cabell found. Knowing it
was Lamar's property, Cabell appropriated the
? i aa i s - A
HE AMERICAN REDS AND FREE
NEW YORK, December 8.
Arrangements for an International Society
demonstration on Sunday have been con?
cluded. Woodhull and Claflln will assist in
THE MISSISSIPPI LEVEES.
Sr. Louis, December 8.
In the Board of Trade the committee on the
Mississippi levees made a report earnestly re?
questing Congressional aid for levee purposes,
and the permanent Improvement of naviga?
tion ana the levees, which was adopted.
THE STATE SUPREME COURT.
TOESDAT, DECEMBER 6.-The court met at
ten A. M. Present-Chief Justice Moses and
Associate Justices Willard and Wright.
The following Important action will interest
Dabney, Morgan <fc Co., VB. the president and
directors of the Bank or the Stale of South
Carolina. Opinion filed. So much of circuit
de ree, as gives a preference to the fire loan
bondholders and fire loan stockholders In the
payment to be made out of the assets of the
bank, set aside. Said assets to be held for dis?
tribution among all the creditors of the bank,
in ratable proportion to the amount of their
respective debts. Any collaterals as securities
held by any of such creditors for or on behalf
of the bank to be accounted for by them.
The claims of holders of bills of the bank
Issued since December 20, 1860, to be subject
to the condition In the opinion of the court
expressed. In taking the account of claims
by depositors, the value in national currency,
to be assessed with regard to time, facts and
circumstances ofthe deposits.
Such parts of the circuit decree inconsistent
Case remanded to Circuit Court for neces?
sary orders. Opinion by Moses, C. J.
THOU SD AY, DECEMBER 7.-The court met at
ten A. M.-Present, Chief Justice Moses and
Associate Justices Willard and Wright.
B. F. Massey et al, respondents, vs. J.
Adams, appellant. Messrs. Kershaw and Con?
nors were heard for appellant; Mr. Wylie for
respondents. Mr. Moore on esme side. Mr.
Kershaw in reply.
Alexander Carter, appellant, vs. D. W.
Brown, respondent Mr. Connors read brief
for appellant Mr. Wylie was heard for re?
At three P. M. the court adjourned until
Friday, 8th, at ten A. M.
THE MILITARY ARRESTS Di YORK.
[From tb? YorKvffie"Enquirer ]
Since onr report of last week the following I
person? have been arrested by the military
authorities and committed to prison in this
place: C. Knox Williams. P. F. Moore, P. M
Moore, W. F. Moore, J. H. Bloodworth.
Of those previously committed and hereto?
fore reported, the following bave been releas?
ed: W. M. Robinson, S.' J. Harvey, Jae. White,
J. 9. Carroll, J*. E. Carroll, Dr. T. MVGwinri:
H. Z. Porter, tiherod Childers. ? fad
The following have been ordered-to attend.
trial at Columbia, and have been removed
hence from the prison In this place, leaving
now in confinement here -thirty-two men: J.
S. Miller, Wm. Lowry, John Ramsey, J. F.
Little,. Beuben McCall, "Evana Murphy, J. T.
Howe, Wm. Montgomery, B. Sanderson, John
Caldwell, Wm. Thomaaaon, J. A. Graham, and
Captain John Mitchell. V
HOMICIDE ly GREENVILLE.
[From the Mountaineer.]
A difficulty occurred tn the upper patt of this
county, one day last i week, between Geor
Green and Portman Howard, which result
in the death of the former at the hands of the
latter. When first seen,.Howard was par-!
suing Green with a pole, and called out that
be was cat. Green at length stopped, and
Howard struck him over the head with the
pole, fracturing his skull and causing instant
death. An Inquest was Immediately held,
and, alter some investigation, adjourned over
until Monday last. We have not heard the
result. Howard at once surrendered himself,
and ia now in Jail at thu place.
THE PASSIVE POLICY.
Nsw YORK, December 8.
Montgomery Blair writes to. the World j
urging the Democata to adopt immediately
the passive policy. The World, editorially,
dissents from Blair's views.
RT. REV. THOMAS JP. DAVIS,D. J).
Resolution ?of the Ve ? tr jr ?nd Warden?
of St. Paul'? Church, Radrliffeboro',
apon the Death of the Right Rev.
Thomas F. Darli, D. D., Senior Bi*taop
oft he Diocese of South Carolina.
Ic bas pleased God to take away otu* beloved I
senior bishop, from his honorable place among ns
In the government ot Bia church.
With him all ls well. Through death God has
blessed and comforted Ela faithful servant. Be
had spent the best yearaor his life in the service of
Christ, and had given to His came the vigor of his
youth and the strength of his manhood, in bia
latter daya, blind, exhausted, and borne down
by the weight of his bodily in ffrmi ties, he has attn
stood a leader among the people, and nb feeble
bat stately and venerable form was seen m the
fore-front of those who strove against the sm and
a u fferl o g that ts in the world, n And no w at last
at Ola summons he has yielded himself to the
arma or the Lord and Mainer whom he served.
To ns ts left the mournful consolation of placing
upon record our appreciation of the holy graces
which adorned bia Hf?, and oar sense of the loss
whici we, with all the churches or this diocese,
have sustained by bia death.
By bia benignant lnflaence daring the eighteen
years or his episcopate our lamented bishop has
breathed over the Diocese or Sooth Caroona an
elevated spirit of J aa dee and earnestness, a spirit
or genial peace and gener?os sympathy, a re
freshing spirit of frankness, fairness and concili?
ation, which has led the clergy and their people
to r?alit? how nearly they were agreed; now com?
parativa? unimportant were those things m
whic.i they differed; how overwnelmlngly mo
men to na were those doctrines to which they all
Apart from the graces of the bishop, it was an
Influence Which came from the intellectual
strength and elevation or the man. Ia bia
strength he waa gentle, and huppeople loved him.
From the height er his own coBorptleoi ne point?
ed steadily to the great work and mission of the
church, and, tn gathering around bim, ola people
were drawn nearer to each other.
Ulam recalling these things that we realize
how great our lose has osea. Thar er? r e, be it re?
solved, as follows :
Resolved, That the Congr?gation or St Paul's
Church, Radciifleboro', shara in the grier or all
oar churches at the death of onr beloved senior
bishop, the Bight Bev. Thomas Frederick Davis,
D. D., and that they will endeavor not to forget
bis wise counsels and his holy example*.
Resolved, That aa an expression of their Borrow
thia church be draped in the customary emblems
Resolved. That a copy of these resolutions be
sent to bia afflicted family, m respectful token of
onr sincere sympathy.
Resolved, That these resolutions be published In
the Oaarleston papers, and m tbe.Monthly Record.
WltLLUf T. WJUOO,
Chairman of the Vest ry.
T. GRAKOB SIMONS, Jr., Secretary.
y ESSELS WANTED.
Wanted, Vestals of not leas than 2coo^?Lt
bushels capacity to freight Corn fromNortbSHnl
Carolina. Appiy to
dec9-2 Southern Wharf.
OB LIVER POOL.
THREE HUNDRED BALES -WANTED.
The nrst-ciass American Bark ALBINA, MU
Waefaeler, M AS ter, wants three hundredJBHl
bales to complete cargo, and will be promptly dis
patched. For engagements anply to
J. A. EN SLOW A CO.,
deco-?_ No. lil East Bay.
-pOR GEORGETOWN, 8. C.
The Steamer EMILIE, Captain C. r apjEBW
0. White, will leave Commercial JosEBBsBa
Wharf every SUNDAY and WXDNKSDATNMHT,
at 8 o'clock
Freight received on SATURDAYS and WXDNBS
Ail Freight and Wharfage prepaid.
SHAOKELFORD A KELLY.
nov24-sw Agenta, southern Wharf.
ffgticgfl in gankropttg.
In^T???~DISTRICT COURT OP THE
UNITED STATES, FOR THE DISTRICT Ot
SOOTH CAROLINA_In the matter of JAMES
ERWIN KING, Bankrupt, by whom a petition tor
adjudication of Bankruptcy waa flied on the
FOURTH DAT OF SBPTBk2SR, A. D. 1871, in Bald
Court-in Bankruptcy.-Tblsla to give notice that
onthe 7th day or December, A. D. 1871, a war?
rant in Bankruptcy waa Issued against the estate
er JAMES BK WIN KING, or-, In the County
or Kershaw, and State of South Carolina,
who has been adjudged a Bankrupt on nts
own petition; that the payment or any debts and
delivery of any property belonging to said Bank'
rapt, to bim or lor his ase, and the transfer or
any property by him. are forbidden by law; that a
meeting or the Credit ors of the said Bankrupt,
to prove their debts, and to choose one or more
Assignees or his Eatate, will be held at a Court
er Bankruptcy, to be holden at Na 73 Broad
street, Charleston. South Carolina, before J.
0. CARPENTER,' Registrar, on the twentieth
day of December, A. D. 1871, at 13 o'clock M.
L. E. JOHNSON,
United States Marshal, as Messenger.
jy?RS. M. J. ZERNOW,
No. 304 KINGSTREET,
Wonld respectfully inform the ladles tba; she
OPEN THIS DAY
A FULL ASSORTMENT OF MILLINER?
DRESSMAKING in all ita branches attended to
aa uauaL Having ob tain ed the Agency of Md me.
D KM0RE3TS CELEBRATED PAPER PATTERNS,
is now prepared to furnish a general
ASSORTMENT OF PATTERNS.
Conn try orders wfll receive prompt attention.
READY-MADE (jLAytmttG ABD LA?
DIES' CLOTH CLOAKS, oa account of
manufacturer*. Dry Goods, ??dersTtlrts. au.
Oa TUESDAY, 43tt iatssa%*( ls C^CtOOBVWeK
8 lc??2Lrtte? ?Tram?/ catatana aaa
ciot? SUITS, sus, velvet sad dotti Tests,
Coats and Saet?. .-J.V^ nTl?.'
2 cases Ladtej' Black GiothCloaks. -
20 canoona Ladles' and Children3- Trimmed
10 ggf5*88011641 Black'Brown -?a cadet gatl?
ey ffeees assor^gesgMy Tg;tt^ec v **
ico doten Madras- and Versas Bead BAndker
ChlsflJ, to., AcC-_" ,.,
(mwumtUwaa under tree,rmomr pat te
By W. T. LEITC^ ? ?. 8. BBPN8,
r?0 8TORY RESIDENCE, No. 19
Amerlca strrAone^dDorJtontturJ&Bld street.
WUl be sold on TrJESDAJ, the 12th Instant, st
11 o'clock, at the Old PctfoTBc?,
That desirable TWO 8UpBT WOODKf BCBI
f?nr square rooms, pantry sod dressa? ream;
siso good "'^e/ir , . i ? . r? z
Terms-One-half-cash; balance In one and two
years, with Interest Proser ty tobeinsured'asd .
By W. T. LEITCHS S. BB*m
T\ESIKABLE CORNER LOT AT PUBLKJ
win be s ld on T?raDAYfstii o'cioot, at- the
Tbst^SoABtiE B UT LD IN O LOT, a: the sooth- '
weat corner of Queen and friend streets, Msasttr?
lng lony-seven lest on Quee.n, and lprtJrOoe;*eet
on Friend street, more or lesa. o, .. ?,, ,
This ls a good stand rora atore.
Conditions-ont-tilrd csshrLbaisnee (oaaaaud
Ps^gsrtMaiSSi ? ''.^'rvifs aril IA- JfmH%9<H
By W. lSl^ff^0f||j?*
wm oe sold on TOEaOAY, lsoi instant, aval - -
Connon street, One door sooth of Traa^Usfc*
gan. Purchaser to pay os for papers and tjsuaps. sj
By W. Y. LEITCH A Bs &
Aswaieateaiav goi^i'ii &.*)
LARGE BRUK STOREVBO?SE OOB
o'clook, at th? OM Posteo ce,
neT? QSM MSR^^^^^
on Quean and also on Philadelphia street Lot
mTermfl^-unehthlrd cash: balance In one and two '
years, with Interest, sechred by bond ss? r*ert>
gage; propony to be lustred and poitorasstfard.
Pwchaser to fay as.Xor. paper? and sumps. -
By W. ?. LEELAH ISSOBR^,'
AsttttoaaaM..: _ md ./-iT.
VALUABLE BUILDING LOT. EAST
side of Friend street, fl??t Borth of the
Cathedral, cora? of Broad sad Friend streets.
Will be sold oa TUESDAY, st ll o'clock, at tbs
? ThafoSlKABLI? BUILDING LOT iring tad be?
ing on the east side or Friend street immediately .
north of the Oatbedral, sod In. close woxlalVjJo
Broad street, measuring rorty-flve feet -frost by
one hundred aid four mela annrt,.asara W)m. *
This te sfl.ttysibie b?llalos Lot^a a|ooajooa-.
Hon. ? ...... .
Con dit leas-One-third cash; balsa oe In one sad ft
two year*, secured by sond and mortgage, with.
Interest at seven per cent. Purchasers to pay1 ns. -
/orpapers._. .' ? <*>>K -'
By J. A. Ei?fcrr* cfc
SALE FOR DLViSION^TEAafcfc ,
AOBTM a** FLATT - . " ?!
FRIDAY, S3! instant, at.ll o'clock, will be aoid
st Sooth Atlaatlc Wharf, . ,..IU??
The Steam Propeller AGNES, lately used ai a
Water-boat- She la 27 15-100 tons'-rogtiter; built
la 1866; ? 4-10 feet la length, is Mo fae* tn
breadth, and 4 Mo feet lo depth. Bas two-Pif
teen horse Power Engines Inane order, having
been lately thoroughly ore-hauled; Unlit in G?ai
gow, with Tubular Perpendicular Boiler.
Also, will be sold, st the same time and piase,
One Wood FLAT, capable of carry inc, from to
to 30 cords Wood. " j
Terms or sale-Ons half cash; the remainder in
six and twelvemonths; approved endorsed city
P&N?B\ Can be^re?tedror?fprivate sale prenons
to day or sale._deoHstntosn
. --? ? '. sn r
rf.? i' 9-:'. b
vi? l i! i -.'iT'imi tx -. y
PVT VP 1ST CASKS, SPECIALLY
. ' ? ' : .' O IR: H
FINE WATCHE8 A SPECIALTY, AT
So, 307 KINO STREET.
_fiq?rgoin. x ,
0"~FF?CE OP THE SAVA&NAH AMD
CHARLESTON RAILROAD. ??
CHABLXSTON, S. C., November 22,1971.
On sad after MONDIT. December the nth, the
Passenger Trains on ttua Boad will ranas follows:
Leave Charleston dally...... 3.25 p. at,
Arrive at savannah dally.8.U P. BL
Leave savannah dally.ILU P. af.
Arr, ve at Ch irles ton dalry.6.8? A. af.
DAY TR 4IN.
Leave Charleston. Sunday a excepted.. 8.15 AM.
Arrive at savannah, Sn n day a excepted. 4.16 P. M.
Leave Savannah, Sundays excepted... aco A. BL
arrive at Charleston, Bundsjl exc'BSd. 4.05 p. M.
Freight forwarded dally on through bula of lad*
lng to points in Florida and by Savannah Hue 0?
SioamBhips to Boston. Prompt dispatahgtrea CO
frt ights for Beanfort and points on Port Royal
KaUroad and au aa low rates as by anj^i|r line.
Engineer and Snpermteodent.
S. a BOYLSTON, Oen'l Ft. and Ticket Agent.
nov2S ' 1
RS. M. DUNLAP,
MILLINERY AND FANCY GOODS,
No. 864 KINO STREET,
OKS oops BatiOW asoaos yrassT.
*W SPECIAL ATTENTION GIVEN TO,OU*>
TRY ORDERS. dec7^t?stolm?