Newspaper Page Text
Wednesday Morning, Jilly 15.18gB.
The Senatorial Contest ?nd th? D??
mocratie Members o? the Legisla?
Tho oontest for tho vacant seats,
in tho representation of this State in
the United States Senate, whioh has
proceeded, on the part of one of the
candidates, since, the assembling of
the Legislature, with a degree of
acrimony and unblushing shameless?
ness never before known in South
Carolina, was partially consummated
yesterday by the choice of Col.
Thomas J. Robertson, of this city,
to fill the short term. The balloting
for a candidate for tho long term re?
sulted, in the Senate, in tho selection
of F. A. Sawyer, of Charleston; but
no selection had been reached by the
House when it adjourned, so that,
under the terms of the Act of 1867,
providing for suoh a contingency, the
two Houses wiU meet to-day and
elect by joint ballot, '
The course .pursued by the Demo?
cratic members, in both Houses, in
voting-in the first instance-for
those who were constitutionally
elected by a legitimate Legislature of
this State, in 1866, to' supply theso
very so-called vacancies, but who
wore denied their rights to seats by a
radical rump Congress, will meet
with the cordial approval, not only of
every Democratic: oitizen of this
State, but of every lover of consis?
tency and /xighftipv the entire land.
Nor do wo think that their constitu?
ents will withhold their hearty en?
dorsement of thoso Democratic
Senators who, finding the contest
narrowed down to a mere matter of
personal proferenoe,. and themselves
in a helpless minority, at last cast
their suffrages for the candidate who,
though an earnest and thorough Re?
publican, has demonstrated his libe?
rality of political sentiment and his
desire to serve the country as a
patriot and not as a vindictive par ti?
zan. We. mean Hon. F. A. Sawyer.
Wonderful Tide ol Immigration.
The current of emigration from
Germany to the United States, al?
ways large, is now expanding into
almost startling proportions. It ap?
pears that from January 1 to June,
the number of emigrants who start?
ed for the United States by way ol
Bremen was moro than 27,000. In
addition to this, nine steamers were
advertised in the beginning of June
to sail from Bremen for New York
and Baltimore, which would bring
over, it was anticipated, 7,000 mort
emigrants. Tho increasing magni?
tude of the German emigration ii
beginning to be discussed by tht
statesmen of that country, as a se?
rious drain upou thd population oj
thoso districts from which they art
drawn, and even upon the strength o:
the nation. A recent con venation witl
Baron Von Beust, tho Prime Minis
tor of Austria, is published in tlx
magazine Hours al Home, and, arnon!
other things, tho distinguished Ger
mau statesman is said to have al
laded to the increased emigration t<
America, brought about by tho lat
political ohangos in Northern an<
Central Germany. "What a sac
spectacle," ho exclaimed, "to se
hundreds of thousands of strong au?
able-bodied Germans leaving ou:
shores and helping to build up
magnificent empire beyond the Ai
iantic. Hero is a question to b
solved by our political economists
to doviso moans and ways of publi
economy by which an end would fa
put to this most calamitous loss c
tho nation's vital strongth."
The Baltimore Sun suggests thai
so long as largo standing armies ai
kept up in Europe, involving heav
taxation, and so long as rivalries (
dynasties for ascendancy keep th
population of Europe always in per
of war, tho exodus of tho people wi
go on, especially under tho additioi
al incentivo of tho greater denian
and higher remuneration for labor i
this country. Hinco the forced unie
of so many lately independent Stat<
with Prussia, a considerable incrcai
hos been made in tho income tax, I
' which tho common laborer now \nv
two per cent, on his small year!
earnings, and all who have an incon
over a thousand rix dollars, pi
throe per cent. Whilst this last
not as high as our own oppreesi
income tax, it is collected montfal
and in a very vexatious manner. 3
.?.. ' - ????Hill*!
determining the taxable property of
each citizen, the house rent is re?
garded by the assessor as the baals of
the estimate! and it is assumed ?hat
his income is five times the amount
of his actual or estimated house rent.
If li? protest; bo must be sworn and
subjected to a detailed examination.
In the villages, the tax-gatherers
tiog their bells up and down the
streets, summoning the tax-payers to
come out and settle their monthly
dues. Labor and industry bear the
whole burden of taxation, ministers,
teachers and Government bffloers
being free. In the Rhino region
and about tho Main, there are some
most embarrassing regulations
about the time and method of till?
age, whioh may be considered in the
nature of a tax on labor and pro?
It is said that tho laws, which, in
Germany as in France, partition ont
the landod estate of a decoased pro?
prietor among his children, have
gone so far that the right of way in
certain districts to these fractional
lots exceeds the value of the land.
Tho wages of labor aro very low
common field laborers getting twen?
ty-four dollars a year wages, with
their board, which is estimated to
cost about sixty dollars more, and
women about sixteen dollars a year,
and the same quantity of food. Or,
by the day, thirty-two cents a day
for men, and sixteen cents for wo?
men, during the harvest season. Two
pounds of black rye bread, a quarter
of a pound of cheese, sufficient pota?
toes, with butter or lard to cook them
with, on four days of the week, and
every other day a half a pound of
meat. Cabbages are sold at $1 the
hundred head, and aro considered an
article of luxury, not entering into
the common food of the laboring
class. Meat costs from ten to four?
teen cents per pound; flour seven
cents a pound; potatoes seventy cents
for 200 pounds. The price of labor
has only risen two per cent, in ten
years. Mechanics' wages are from
forty-eigbt to fifty-four cents per
day. It is a noticeable fact, howover,
that the emigration to this country
is usually from* districts tho most
advanced in comfort and mental
activity, and it is the best and not
the worst part of tho laboring popula?
tion that comes to America. Whilst
the cost of living may bo considerably
less in German than in this country,
yet the higher wages here and tho
greater comfort and case of living in
the United States, especially in the
Southern States, present very strong
attractions to men of enterprise and
aspiration. A Now York contem?
porary, in a lato article, expresses
itself gratified "to notice that Ger?
man emigrants are beginning to di?
rect their attention to tho South as a
field of enterprise. In many impor?
tant respects tho South offers supe?
rior advantages to tho industrious
and thrifty emigrant than are offered
by the West. Wo commend tho
Sonth to the Irish and the Germans
both. Tho South needs their little
capital; needs moro their labor-and
the rich and teeming soil is ready to
re war i thom.
To tile Legislature.
Governor On', in his message to
you, while he has givon much good
advice, has also made recommenda?
tions which, if carried out by you,
are calculated to bring your body
You have all sworn to "recognize
the supremacy of tho Constitution and
laws of tho United States over tho
(ion st i tu ti on valid laws of any State."
Tho Constitution of tho United
States prohibits you from passing
"any law impairing tho obligation of
contracts," (article 1, section 10.)
You, and all Judgos in tho State, aro
bound by the docisions of tho United
States Supremo Court, whoroin it has
givon construction to the provisions
of the Constitution.
The United States Supreme Court
has uniformly held that all e:cemption
laws (among which are classed home?
stead laws) that are retrospective, or
apply to existing contracts, aro in
violation of the above provision of
Governor Orr has advised you to
apply the homestead law to existing
liabilities, and cited you to several
State decisions. Thoy have no force
here, nor in the States where de?
cided, if they conflict with the doci?
sions of the United States Supreme
Court. Governor Orr must know
this. I, therefore, shall not examine
into the State decisions given by him.
But he has cited a decision of the
' 1 1 "
United States Supreme Court itself
to sustain his position. . All the de?
cisions of this Court that ? have over
read are exactly against him. Now,
let us examine the one he quotes.
Ho cit03 as follows:
"Judge Woodbury, in the case of
the Planters' Bank vs. Sharp, 6 How?
ard, pago 301-330, in delivering the
opinion of the Supreme Court of the
United States, enumerated laws ex?
empting tools or household goods
from seizure, among the examples of
legislation respecting the remedy
which might be constitutionally ap?
plied to existing contracts."
? On referring to 6 Howard, 380,
you will find that Judge Woodbury
says that, when State laws affecting
past contracts are allowed to stand,
thoy "relate to modes of proceeding
in courts, to the form of remedy
merely, to priority of some classes of
creditors, to the kind of process, to
the length of the statutes of limita?
tion, to exempting the body from
imprisonment, or tools and household
goods from seizure." Here is where
Governor Orr finds his law. Now,
"tools," and other articles connected
with the labor of the citizen, have
always boon regarded as matters
affecting tho person so closely os to
constitute exceptions to tho general
rules of law.
But, let Judge Woodbury explain
himself. Immediately after Governor
Orr's extract, the Judge cites, to ex?
plain his meauing, 1 Howard, 315.
This is the case of Bronson vs. Kinzie
el al., where, on page 315, Chief Jus?
tice Taney says: "Undoubtedly, a
State may * * * , if it thinks
proper, direct that the necessary
implements of agriculture, or the tools
of the mechanic, or articles of necessity
in household furniture, shall, like
wearing apparel, not be liable to
execution on judgments. Regula?
tions of this description have always
been considered, m every civilized
community, as properly belonging to
the remedy, to be exorcised, or not,
by every sovereignty, according to
its own viows of policy and humani
"Tools" and "household furni?
ture," then, belong to an exceptional
class, to which homesteads do not
belong, as Governor Orr would have
This one case is all that has been
cited from tho United States reports,
to give countenance to the unconsti?
tutional recommendation made to
you. I have shown, that the sentence
quoted does not apply to homesteads.
By citing this case, Governor Orr
has acknowledged its authority, and
it is of authority, and, what is more,
you are bound by it. Now, all I ash
of you is, to take that case for yoni
guide. For fear you will not read it,
I will give you a few quotations,
which Governor 0;T, while reading
the case, must have seen. Judge
Woodbury, in rendering the decision
of the court, (the United Supreme
Court,) on page 327, says: "One ol
the tests that a contract has been
impaired, is that its value has, bj
legislation, been diminished." Appbj
this test: A man owes you 8500; ht
owns a homestead worth $1,000, anc
owes nobody oise. Your debt is,
then, fully worth ?500. But, mak<
the homestead law apply to existing
contracts, and thereby exempt thii
Si,000 homestead, and does this no'
diminish the valuo of your contract '
And on page 330 (tho same pagi
cited by Gov. Orr) tho Judge sayi
that the State laws which are uphelc
"are such laws only as relate t<
future contracts," or are such ones, ai
already cited before, as applying t<
Even homesteads, that might here
after be acquired, cannot be exempt
ed from liability for debts existing a
tho time of the passage of the law
Are you not astonished that I shouh
cite Gov. Orr's case to prove this
On page 328, the Judge says: "Stat
insolvent laws, if made like this law
to apply to past contracts, and sto]
suits on them, have been held not t>
be Constitutional, except so far as t
discharge tho person from imprison
ment, or in some other way affec
only the romedy. When so restrict
ed, thoy do not impair tho obligatio:
of tho contract itself, because th
obligation is left in full force an
actionable, and future proporty c
well as present, subjected to its paj
ment, and tho body exonerated onl
as a matter connected merely wit
the form of tho remedy. * * *
* * * But where future acquis
tions are attempted to bo exonerates
and tho discharge extended to th
dobt or contract itself, if done by th
States, it must not, as hero, apply t
past contracts; or it is held to impax
their obligation." He then cites tc
authorities to sustain tho court.
The expressions in tho last extrae
of "stop suits," and of the obligatio
being left "actionable," leads mo t
tho following astounding rocommei
dations in the message referred to :
"Further moasures of relief froi
the pressure of indebtedness will t
required; and inasmuch as the courl
are to bo re-organized, and ne
duties to bo assigned to the Sherill'
it would bo wise to allow the presei
crop to bo gathered and markote
before claims are permitted to bo ei
"I, therefore, recommend that a
Sheriffs be prohibited from enforcin
executions in their offices, upon debi
contracted prior to the first day <
May, 1865; and that Judges bo Uk
wise restrained, until the first day <
Mareo, 1869, from giving judgments
in all snob case 3."
Thia is aim an insult to your
understandings. The measures re?
commended have been declared by
the United States Supremo Court
null and void time and again. In
our Courts of Errors two Judges
(among them the Hon. F. J. Moses)
have, in the case of the State vs.
Carew, 13 Rich. Law, 498, decided all
suoh laws as these recommended, to
be in violation of the Constitution of
the United States. Only one Judge
held the contrary; and he was of
such an extreme mode of thinking,
that the Commanding General had
to remove him for refusing to allow
negroes to sit upon a jury.
Pass no unconstitutional law. You
thereby bring discredit upon your?
selves and weaken your party. You
benefit no one in the end. You give
creditors tho trouble and expense of
causing the United States Supreme
Court to declare your laws null; pro?
vided your own Judges be so ignorant
or regardless of their oaths, os not to
declare them null and void in the
You will hardly adopt Gov. Orr"s
theory: that heretofore this State bas
been "beyond the operation of the
Constitution of the United States;"
but if you do, you must certainly
admit that now you are subject to the
provisions of that instrument.
Ttic Clim liston Mercury and Our
Mn. EDITOK: The Charleston Mer?
cury, of the 7th instant, contains an
editorial, denouncing tho policy of
tho President and Directors of the
Charlotte Railroad, as hostile to
Charleston. This article assumes
that the Charlotte Road was built,
in a great degree, by Charleston
capital, when the city only subscribed
$10,000 to its stock; that the Char?
lotte Road "is operated by foreign
interests, and to the detriment of the
commercial metropolis of the State,
and, therefore, to the detriment of
the State." These are remarkable
statements, and will be news to the
stockholders of other roads and citi?
zens generally of the State.
"And, not only this, but this
same hostile interest is now further
strengthened, by lengthening the
line of this same Charlotte Road to
Graniteville. When this extension
will be completed, a large part of the
commerce of tbis Stato will bo token
off over 300 or 400 miles of North
Carolina railroads to Portsmouth,
Virginia." The editor continues:
"Cotton grown 100 miles from Charles?
ton will, by .'M? policy, be forced to
Tho general and vague statements
contained ia the foregoing para?
graphs, only require repetition for
their refutation. Upon the partial
statements in the editor's remarks
about "equitable arrangements" and
what this road offered and that de?
clined, it is unnecessary to comment.
There are two sides to every coutro
versj', and it is presumable tho edi?
tor hos heard only one, and his
judgment in deciding the case might
bo regarded os ex parte.
It is well known that the Charlotte
and Charleston roads, for somo rea?
sons, have not harmonized, and that
the former, knowing its unpopularity
in tho State, has endeavored to
thrust the city of Charleston into the
controversy, to create some sympa?
thy or interest in its behalf. We
would rejoice to see the prosperity
of Charleston restored, and all the
trade and business of the State and
adjoining States made tributary to
her commerce. And, Mr. Editor,
did not the Charlotte Road, (until
tho present administration of the
South Carolina Railroad,) contribute,
as much as any other road, in pro?
portion to its means, to the com?
merce and wealth of Charleston? It
brought foreign trade and capital to
tho city, from nearer Portsmouth
than its Northern terminus.
But lot the friends of Charleston
not assume that Char!jston is tho
State-that all tho roads in the State
wero built by her and tho State, for
her interest and the "convenience"
of others. These claims have long
been set up by the South Carolina
Railroad, and the remarks of tho
Mercury appear moro in defence of
its policy than for the interests of
The South Carolina Railroad Com -
pauy, as represented by its President,
has been decidedly hostile to tho con?
struction of the Columbia and Au?
gusta Railroad; and has been unceas?
ing in bis opposition to it, even after
ordering its track to be torn up, and
one of its trestles to be torn down,
and after tho bill ho filed to enjoin
its construction was decided against
him. As tho Charlotte Road has
aided in the construction of this ex?
tension, so-called, it seems to have
incurred the displeasure of tbe au?
thorities of the South Carolina Rail?
road also. Hence the many articles
in the Mercury, denunciatory of both
roads. Now, I am a stockholder and
friend of the Columbia and Augusta
Railroad, and believe and hope that
it will be built not only to Granite?
ville, but to Augusta; and also fully
concur with the Mercury, that it will
take cotton to New York, from within
100 miles of Charleston, if tbe pre
sont policy o? the South Carolina
Railroad is continued. I believe it
will also take much of the cotton and
other freights from Augusta to New
York, over the South and North
Carolina, and Virginia ' Railroads. I
concur fully with the Mercury, in
this, and believe that the larger por?
tion of the valuable merchandize will
come from the North, over this same
route of 500 miles, by rail to Augusta.
And will it not be a beautiful com?
mentary upon the management of
the South Carolina Railroad, as the
Mercury states, to take the freight
from within 100 miles of Charleston
by a different route. This would be
a great detriment to Charleston, and
I should regret to see it, on her ac?
count; but if the South Carolina
Railroad cannot take the freight as
cheap by rail 100 milos, as other
roads can 500, then she and Charles?
ton both deserve to lose it, because
the road is owned and governed by
Charleston and hor interests entirely.
I am the friend of internal im?
provement, and favor the construc?
tion of every road that can be built
in the State, and invite all the
foreigu aid and capital to build them
through every District in tho State.
Tho unwarranted pretension has
too long beon maintained, that one
corporation alono has the sole and
exclusive right to construct railroads
over nearly one-half of the State of
South Carolina, thus denying all
progress and improvement to a large
portion of her people. Such mono?
polies are not only against the great
interests of tho State, but contrary
to the genius and.spirit of a free
people and republican institutious.
Such exclusivo rights and privileges
should not be tolerated in any State.
Siuce writing the foregoing, I have
learned that the Charlotte Road has
now in operation a tariff made and
proposed by it to the South Carolina
Railroad, between Charlotte and
Charleston, cheaper by far than any
one ever heretofore in operation,
either before or since the war. And
that within the last two years it made
two tariffs, from Charlotte, through
Charleston, to New York, and other
Northern cities, cheaper than via the
Portsmouth route, and that both of
these were departed from by either
the South Carolina Railroad or the
Steamship Company in the trans?
portation of freights, which caused
heavy reclamations to bo made upon
the line for over-charges; and thus
greatly impaired the confidence of all
shippers in the up-country through
Charleston. That same cotton thus
shipped from Charlotte, when it
reached Charleston, was re-shipped
via North-eastern Railroad, through
Wilmington and Portsmouth to New
York, with greatly increased oharges
in excess of the tariff agreed upon
When the Mercury wishes to pub?
lish articles which bear internal evi?
dence that all the information con?
tained in thom has been derived from
officers or agents of the South Caro?
lina Railroad, in their defence, for
having, by a suicidal policy, impaired
the com merco and prosperity of
Charleston, we would suggest that it
designate the real party to the con?
troversy, and not substitute that good
old city we all so much love. Two
years since it cost $10 per bale of
cotton to ship it from Columbia to
New York via Charleston. The
Charlotte Road relieved the planters
and the people of the State by taking
it from Columbia to New York at $5
per bale, and now takes it at $?. This
was the unpardonable offence of that
road ; and tho South Carolina Road,
seeing the power it had to reduce
freights, feared "the extension," as
it calls the Columbia and Augusta
Railroad. Hence the war upon it, by
tearing up its track, pulling down its
works and filing bills to enjoin its
construction. Tho South Carolina
Railroad has exercised its monopolies
too long for the good of the State
and the city of Charleston; sud now,
in order to maintain this monopoly,
which has hung like a dead pall upon
the energies of the people and the
vital prosperity of that good old oity,
she would strangle, in its inception,
every competing road in the State
which would unlock its commerce
and give prosperity to her people,
as she endeavored to do with tho
Columbia and Augusta Railroad when
struggling for existence in a terribly
depressed condition of the country.
Tho Yorkshire (England) moors
have been completely devastated by
thc fires, which, having been acci?
dentally kindled in the dry bush,
spread over tho wholo face of the
country. The Aro was still smoul?
dering on the 2Gth of Juno. Nearly
4,000 acres of moorland have been
left black and desolate, with scarce a
living bird or animal, or vegetable,
excepting the largest trees. The
young grouse and rabbits, whieh
abound on these moors, have been
totally destroyed, and sheep grazing
there have, in some instances, pe?
rished. ' _
The Informers' Bureau, whioh was
started in New York some time since,
is said to be still in operation. Cir?
culars are sent out by it to tho people
through the oity, offering to report
whore their wives are to be found
during their absence at business, or
to "work np" any and everything
that maybe entrusted to the manage?
ment of the "bureau."
The colored Presbyterian Church
(Iodated on the site of the Lecture
Boom) is rapidly advancing towards
completion. It is a qu?er-looking,
but very commodious and conve?
Ice cream and soda water should
be at a premium, with thc mercury in
the hundreds. Thank Providence,
we are not faring as badly as the
people in some portions of the
North-our despatches asserting that
such weather has not boen expe?
rienced iu that section for many,
years. _ j \ '
THE STATE TREASURER'S BOND.
It was announced, a few days since,
that the State Treasurer elect, "un?
der the new order of things," Niles
G. Parker, had, after great tribula?
tion, succeeded in securing the ne?
cessary endorsement of his official
bond, and was about to qualify. We
learn that he is not yet in the pro?
mised land, as his Excellency Go?
vernor Scott discovered, to his en?
tire satisfaction, on his recent visit
to Charleston, that the securities
proffered by Parker, amongst whom
was tho candidate for the .Senatorial
chair, Dr. Albert G. Maokey, were
utterly worthless, and ordered the
bond to be cancelled, and Mr, Hood
to retain possession of the office un?
til a good bond has been substituted.
Como forward, ye "trooly loil," and
help Mr. Parker out of his difficul?
Somebody who has been bitten six
times by a mad dog, recommends ?
that a wound caused by the incisors
of a rabid canine be bathed with a
mixture of one pound of common
salt and a quart of water, and after-.
ward to bind salt on the wonnd for
twelve hours. By this treatment, the
man of experience says, the .virus
will be destroyed and a cure effected.
MAIL ARRANGEMENTS.-The post
office open during the week from 8}.<
a. m. to 7 p. m. On Sundays, from .
4 to 6 p. m.
The Charleston and Western maila '
aro open for delivery at 4M p. m., and
close at 8 j j p. m. Charleston night
mail open h}.j a. m., close 4W. p. m.
Northern-Open for delivery at
8}? a. m., closes at 2.45 p. m.
Greenville-Open for delivery 5|<
p. m., closes at 8>? p. m.
NEW ADVERTISEMENTS.-Special at
tent iou is called to the following ad?
vertisements, published for the first
time this morning:
Doss Bremen Schiff Gauss.
Notice-A. F. M.
D. C. Peiiotto & Son-Auction.
NOTICE--A.'. F.\ UL:,
THE Committees recently appointed
from tho different Masonic Lodges, in
this city, are requested to meet THIS
(Wednesday) EVENING, at 8 o'clock, at
MasonioHaU. RICH ABD TOZER, .
July 15_. Longest).
ACARPET of first quality-English
Brussels or Tapestry-17J feet by 16|
feet, for cash. Also, some beat quality
FURNTTURE, both second hand.
July 15_ 3*
Dase Bremen Schill' Gauss.
CAPT. H. WIETING,
WIRD BESTIMMT AM ISTEN OCTO?
BER, D. I. von Bremen direct nach
Charleston expodirt werden.
Diejenigen, welche geneigt ?ind, Ver?
wandte oder Freunde, auf Scheme mit
?onuegen der Security, ueber kommen zu
isaen, wollen eich dieaerhalb gefaelligat
Zeitig wenden an in Charleston. S. C.
M. H. KAPPELMANN,
July 15 2*_Agent.
LOST, SUNDAY MORNING,
BETWEEN tho Phonix Offico and tho
Presbyterian Church, a CORAL
NECKLACE, with Gold Beads and Gold
Clasp. A suitable reward will be paid for
its return to this office. July 14
Fresh Soda .Biscuits,
AND other CRACKERS, just received,
and for sale low, by
Joly 14 FISHER A LOWRANCE.
THE copartnership of J, 8. HANAHAN
A CO. is dissolved, by tho withdrawal
of Messrs. D. W. RAYA WILLIAM WES?
Tho business will bo conducted undor
tho name of J. S. HANAHAN, who will
closo up tho business of J. 8. HANAHAN
A CO., and Bign in liquidation.
JulyJ, 1808._July 14 2*
1 f\f \ LBS. Pure Spanish SMOKING
100 lbs. Lone Jack Smoking Tobacco.
For sale low by E. A G. D. HOPE.
Claret Wine on Draught.
ASUPERIOR quality of TABLE CLA?
RET, for aale, on draught, by
Joly 2 GEORGE SIMMERS.
FRUIT ! FRUIT ! I
\\J 10 boxes Lemons,
Pecan Nut8, Filberts, Almonds, io., ?cc,
j nat received and for aale by
Joly 2 GEORGE SVMMER8. '
T1i?? Ufa of ?ll Aesb la blood. The
health of all life ia pure fleah. Puro blood
keeps ont all diseaaea. The Quean's De?
light purities the blood.