Newspaper Page Text
Bank ? of the State. Tn 1857, it was
declared "that the Comptroller-Gen?
eral shall direct the tax collectors
and treasurers to receive the taxes
and other dnea of the State in notes
of the Bank of Ote Stale, or of specie
paying banka of thia State, or in
coin of the United States." This ia
tho fitst instance of discrimination, in
thia respect, in favor of tho Bank Of
the State in a period of near half a
century, although the banks of tho
State had suspended specie payment
npon several occasions, between the
years 1812 aud 1857.
Bat the second inquiry ia that in
which my clients are interested, to
wit.* "the legality of the disposition
proposed to be made by the ponding
?ill of the assets and property of the
Bank of thc State."
I would be content, but for tho
temporary embarrassment produced
by this Bobin Hood procedure, to
leave the question where it belongs
to the determination of the courts
to our Oirouit Court, in the first
instance, Subject, of course, to ap?
peal; and, failing in tho courts of
.the State, to the Supreme Court of
-the United States. Mr. Chamber?
lain, in accordance with the doctrino
of his party, considera courts, it
seems1, as entirely subordinate to the
Legislature, nnd boldly announces
that the fact that questions of con?
stitutional and legal rights are pend?
ing before a, court, affords ari argu?
ment of "POIJCY" in favor of legishv
Mr. Chamberlain says, virtually,
'"away with your Chancellors, yonr
Courts of Appeal, and Supreme
.Court of the United States. If a
? dispute arises on the effect of past
.Acts of the Legislature, no matter
what has been tho action taken on
them, no matter how much the Con?
stitution may be appealed to, on the
one side or the other, tho controversy
.can be at once settled by a new Act of
rthe Legislature. If the .Legislature
-doubts, let it consult the Attorney
General, and, if he concurs, all is
The old teaching was, that in all
well-regulated Governments, there
were three departments-legislative,
executivo and judicial-the more
independent of each other tho better.
The modern doctrine seems to bc,
?that tho legislative department is nil
Tn thc case of Dabney, Morgan &
Co., against the Bank of the State,
and others, the complainants urge
"that under tho law, as it stands, the
holders of the notes or bills of the
bank are entitled to share among
them the assets of the Bank of the
State in preference to all other claim?
ants; that the eleventh section of the
Act of 1865 is unconstitutional and
void, because it attempts to inter?
fere ' with their veated rights. The
bUl is filed in behalf of all bill-hold?
ers who will come in and prove their
claims. Claims have been proved to
the amount of about 01,250,000.
Though for the most part claimants
hold large amounts, (bought up, as
appears, at a great depreciation since
tho bank stopped payment on its
bills,) the claimants are numerous,
and some of them set forth that they
took the bills at par before the bank
stopped payment and while the bills
were a part of tho circulating medium
of tho country. This class of bill
holders claim a preference ever those
who bought the bills ata depreciated
price after the insolvency of the
bank. Two grave legal questions aro
?thus submitted by the bill-holders.
Tho Baring's, on the other hand,
claim that under the law, as existing
at tho time of the filing of the bill
by Dabney, Morgan & Co., they hod
priority over nil other claimants.
An Act of the Legislature of South
Carolina (until then undisputed)
clearly placed them in that position.
This Act, they allege, is valid in it?
self, and in conformity with past
pledges. The Baring's claim, under
existing law, certain vested rights.
Certain of the largest stockholders ol
the fire loan in America answer the
bill, accept tho action of the Legisla?
ture in 1865, and tak? tue same
ground with the Baring's. The
State was made a party, through the
Attorney-General then in office, who
sustained the validity of the Act oi
1865. The whole matter as to the
rights vested under the previous
legislation of South Carolina wat
thus submitted to a competent judi?
cial tribunal of the country. Orden
were passed, by consent of all par
ties concorned, enjoining suits againsi
the bank, except through these pro
ceedings, and enjoining the bank ant
ita officers from delivering any por
tion of the assets of the bank, witt
certain specified exceptions, to anj
claimants whatever, until the right
of parties to that suit should be do
Mr. Chamberlain gives it as hi.
opinion, without "a wby or a where
fore;" without the semblance of ni
argument upon this, the chiel poin
in the whole case, that suoh a oondi
tion of affairs interposes no "legal'
obstacle to tho notion of the Legisla
ture; but, on the contrary, affords ai
argument of "policy" why the Legis
lature should interfere.
Is it any wonder that a Logislatur<
guided by snob counsel should, dur
ing a portion of one session, reduc
the bonds of the State from sixty
eight cents to forty cental Since tin
introduction of this bill of plunder
State bonds have sold at forty ; ant
when the Legislature met, the sam
bonds sold at sixty-eight.
My opinion is-and I, too, trae
oncean Attorney-General-that bill
holders, bond-holdem, stockholders,
and all .other creditors of the Bank
of tho State claiming ander pre?
existing law hare a right to on adju?
dication of their respectivo claims
npon the assets of the bank, before
the judicial tribunals of the country,
aud that any attempt to seize, by a
atrong hand, these funds, whether by
a State or an individual, is an at?
tempt to commit robbery. It goes
bevond fraud, it is sheer ROBBERY.
t do not mean to be betrayed into
a premature argument in favor of the
claims of Baring Brothers & Go., of
London, or of i the European bond?
holders whom they represent, or of
the fire loan stockholders in America,
whom I represent, as compared with
the claim of bill-holders. Their
answers are on file, and I am prepar?
ed, before the proper tribunal, to sus?
tain the positions taken in these
answers. I deny the competency of
either the Attorney-General or the
Legislature, to decide upon these con?
flicting claims, even supposing that
each represented, beyond all ques?
tion, all the rights, power and au?
thority, ever heretofore conceded to
any Legislature, or Attorney-General
in any one of the United States of
America. Still less is it competent
for the Legislature to thrust aside
the contestants, and seize for itself
the funds in controversy. The party
of all others least entitled to take to
itself these assets, is the DEBTOR.
The State undoubtedly is debtor to
the bond-holders in Europe-the
State certainly is debtor to the fire
loan stockholders in America; and,
according to Mr. Chamberlain, the
State is debtor to tho bill-holders.
And this debtor proposes to kick the
creditors out of doors, and end their
disputes by pocketing tho fund, which
is certainly liable to somebody.
If the bill-holders of the bank
choose to take Stato bonds, and re?
linquish their claim on the assets, it
is, according to Mr. Chamberlain,
but a change of indebtedness; and
the change being voluntary, no
damago is done to "honor and good
faith." But the Barings insist on
their right to the collaterals-so do
the fire loan stockholders in Ameri?
ca, so far as wo know. These claim?
ants protest against tho seizure by
the debtor of funds liable to the
creditor. If the collaterals (the bank
assets) are awarded to them, pro tanto,
the State is relieved of this indubit?
able, acknowledged debt, and with?
out injury to "honor or good faith."
Though I am by no means entitled
to advise tho Legislature on a matter
of "policy," as their Attorney-Gene?
ral undertakes to do, I will, in con?
clusion, make a suggestion, which
may pass for what it is worth.
If the Legislature consider that
"honor and good faith" require that
the State should "fund" the notes
issued by the bank of the Stato, let
them do so to these bill-holders, who
are willing to receive their bonds in
lieu thereof. This is neither illegal
or unconstitutional, however impoli?
tic it may be in tho estimation of tax?
payers. But let thom leavo the assets
of the bank, which they have no right
to seize and appropriate, to be dis?
posed of according to law. Tho rights
of claimants, though not yet adjudi?
cated, are vested, and legislation can?
not alter them, though it may disturb
them, and interfere with the enjoy?
ment of them. As far ns these assets
go, they will, under any adjudication,
according to Mr. Chamberlain's
opinion, bo appropriated to the pay?
ment of acknowledged debts of the
State, and relieve the people to that
extent. Why seize them for present
purposes? L W. HAYNE,
Of counsel for the Bank of the State,
the Barings and others.
FRESH HONORS TO A FORMER
TOWNSMAN.-Through tho American
Legation at Constantinople, Profes?
sor J. Lawrenco Smith, a nativo of
Charleston, but now residing in
Kentucky, has just received from the
Sultan of Turkey a new token of the
Imperial favor, being nothing less
than the decoration of the Majidieh,
a beautiful ornament in itself, and
imparting tho highest favor of His
Imperial Highness. Tho decoration
is accompanied by a diploma expres?
sive of the Sultan's object in con?
ferring it. This ia tho second deco?
ration which Professor Smith has
roceiyed from tho Sultan of Turkey.
; Nor has the rncognition of his ser
j vices to science como from Turkey
alone. Only last year, the French
Government, as is known, conferred
on him the tho decoration of tho
Knight of tho Legion of Honor.
Tho Pope is pushing on the forti?
fications of Rome with all possible
expedition, and bo has lately been
receiving heavy armaments of siege
guns from Toulon. His Holiness is
fairly convinced that Europe is on
the eve of a great war, and, a few
days sinco, ho took occasion to de?
plore the bloodshed that would at?
tend it At the same time, he be?
lieves that the result will be very
advantageous to the papacy and the
The Sumter News regret*; to learn
from several planters in that District
that the cotton is becoming seriously
affected with rust, and has been
informed by some that the injury !
will amount to at least one-third of ?
THE DEMOCRATIC TICKET.
HORATIO SEYMOUR, OP N. Y.
GEN. P. P. BLAIR, OF MISSOURI.
STATE ELECTORAL TICKET.
For State al Large-J. P. Thomas,
of Richland; J. D. Kennedy, of Ker?
First Congressional District-R. F.
Graham, of Marion.
Second Congressional District-B. H.
Rutledge, of Charleston.
Third Congressional District-A. C.
Haskell, of Abbeville.
Fourth Congressional District-E. C.
McLure, of Chester.
Tuesday Morning, Sept. 1. 1868.
The Bank of the State.
Elsewhere in oar columns, we
print an elaborate communication
from the pen of the Hon. I. W.
Hayne, the last of the Attorney
Generals of Sooth Carolina, in re?
sponse to the opinion of Mr. D.
H. Chamberlain, the first Attorney
General of our reconstructed State,
in roferenco to the bill now pend?
ing in the Legislature, "to close
the operations of the Bank of tho
State." The merits of this mea?
sure have already been discussed by
us, but we take pleasure in spread?
ing this ablo paper before tho pub?
lic, and moro especially the Legis?
lature, to the calm consideration of
which Ave commend that body, in
tho hope that it will enable tho
members to seo more clearly the
enormity of the legislation which
they proposo to accomplish.
Thc Cutnpaign Opened In York Dis?
trict-Muss Meeting of the Demo?
cracy of York-Thc Dunner of Sey?
mour anU HUiir Formully Un?
Agreeably to notice, the Democrats
of York assembled in mass meeting
on Saturday last, the 29th of August.
At an early hour, the streets were
filled with tho people from the coun?
try. An extra train from Chester
reached' the town about half-past 9
o'clock a. m., bringing in a number
of visitors, who were welcomed with
au artillery saluto by "the boys."
The well-known band of the old
Sixth Regiment paraded through the
town, headed by tho marshal of tho
day and his six aides-de-camp, to?
gether with tho color-guard, who
boro the stars and stripes and a cam?
paign banner containing tho names
of Seymour and Blair.
The first incident of the morning
was tho formal raising of an immense
Seymour and Blair flag in the centro
of the town. Colonel W. B. "Wilson,
on this occasion, made a most spirit?
ed and eloquent address.
Colonel McCorkle, the chief mar?
shal of the day, next formed the pro?
cession, which, headed by tho baud
and followed by the committee of
arrangements and the speakers,
moved to a grove near by, which had
been selected for the meeting. Here
a stage had been erected, which the
hand of woman had tastefully adorned
with a floral wreath. Tho President
of the meeting, J. D. Witherspoon,
Esq., then announced that the exer?
cises would open with Divine recog?
nition, whereupon a reverend gentle?
man present invoked the blessings of
God upon tho country and the
Mr. Witherspoon next introduced
Colonel J. P. Thomas, who spoke,
and was followed by Colonel T. Stobo
Farrow, of Spartnnbnrg, General E.
M. Law, Colonel Asbury Coward and
Colonel W. B. Wilson, all of York.
Tho largo crowd assembled, composed
of both sexes and both classes of tho
people, listened to the speakers with
unusual attention, and responded to
tho sentiments with great earnest?
In the afternoon, a meeting took
place at the Court House, and a Dis?
trict Central Club was duly organ?
ized. We learn that there are about
twenty local clubs in the District,
and they are still forming. The sons
of York are aroused, and all is well
in this patriotic District.
? ?' ?'?????? .
Attorney-General E var ts has ad?
vices that a habeas corpus for Mudd,
Spatigler and Arnold has been ap?
plied for in the Southern District
Military Pcuonstratlons su Mk*.
Part ot tho freedmen In Cheater
The State Authority Prejudiced.
We learn thot these demonstra?
tions are nob unusual in this town.
Under the teachings of the colored
man, Wimbusb, and the "Rev."
Whittemore, a latter-day saint, tho
freedmen seem disposed to cultivate
the art of war. On Saturday lost, a
j large party assembled at the church
: near the village, and, with music and
some fifteen or sixteen guns in ranks,
formed and marched to a gathering
on thc CJnion road. In the evening,
they returned in the same military
style, and marched through the
town, making a noisy and defiant
demonstration. Fortunately, nothing
serious occurred. The whites are
determined, here os elsewhere, to be
forbearing to the last degree. In
violation of the law, the freedinon
form military bodies, bear arms, and
drill frequently, and yet we do not
perceive that the State authorities
take any steps to prevent this.
The fact of the matter is, we have
now a State Government in hostility
to the white people and in alliance
with the radical party, and it is time
for this to be understood. The exe?
cutive department is radicalized; so
is the judiciary; so is the Legislature.
Whatever is Democratic is disloyal;
whatever radical is loyal. This is
the state of affairs.
Thc Spirit of thc South.
The whole capital of the radicals
in the present canvass is derived
from the misrepresentation and per?
version of remarks made by Demo?
cratic orators, so ns to give them the
aspect of a warlike or rebellious ten?
dency-a purpose to resort to violent
measures to accomplish their objects.
In most of the remarks cited, there
is down-right fraud and falsehood.
WThat tho radical demagogues charge
was either never uttered, or tho souse
of what was said is so wrested from the
real meaning of the speaker, ot so
grossly perverted, as to give au ap?
parent sanction to the calumny that
violent and belligerent designs were
in contemplation by persons who nre
presumed to speak for tho Demo?
cracy. Now, all this is shamefully
mendacious and hypocritical. The
Democratic party is the party which
is tho most interested in peaceful and
civil measures, and in tho restoration
of the old modes of determining
political issues. Whoever appeals to
violence, or suggests a resort to any
but tho constitutional methods of
achieving political ends, is au enemy
to the success and objects of that
party. It is to get rid of all such
revolutionary and irregular purposes;
to bring back the Government to the
character and usnges of its founders;
to relieve it and tho people from
military bondage, and subject them
to the control of opinion, moral
ideas, and a purely civil administra?
tion, that tho conservatives have
combined together iu such irresistible
force. If there are reckless mouth?
ers and orators who, in a dearth of
idean, relievo themselves of that pent
up valor by rhetorical flourishes,
scented of "villainous salt-petro" and
breathing desperate resolves of
"dying in the last ditch," offering
themselves on the altar of liberty,
and "taking np arms in vindication
c! the right," etc., let them be noti?
fied that they do not represent the
taste, ideas and sentiments of oui
people, who desire and demand
pence, and- an abandonment of all in?
cendiary schemes, appeals and lan?
guage. Let the true and unmistak?
able desire, spirit and interest of the
people of tho South prevail in all
our speeches and movements, and
let these be assumed as the true in?
dicia of thc purposes and designs ol
this section. Circumstances nover sc
imperatively demanded the restora?
tion of law, order and permanenl
peace. Tho people, as the New Or?
leans Times declares, ave ready tc
make enormous sacrifices to secure
these objects. It is only througl
them that our freedom, our rights,
our prosperity and the maintenance
of the Constitution and tho Uuior
can be assured. Those who encou?
rage any idea of tho necessity, or pro
bnbility of a resort to violence, ure
either our enemies and calumniators,
or they belong to a olass of sill*,
spouters and demagogues, who eke
out their scant rhetoric by inflnmma
tory words and figures, whioh are re
ceived and laughed over as the Pick
wickiau utterances of straitened ant
Xlosencranz'a Conference with lie?.
A correspondent of the New York
Herald writes as follows, under date
of White Sulphur Springs, W. Va.,
August 27, 1808:
General Bosencranz has just left
here for tho East. He lias evidently
produced a fine impression, bis de?
parture being regretted by nil classes
here.- Daring bis stay, General
Hosencranz has had the fullest and
freest interchange of opinions with
leading and most influential men
from every Southern State. On
yesterday, he addressed a letter to
General Lee, in which be expressed
bis views of the present condition of
affairs in the country, and the neces?
sity for a speedy restoration of good
feeling between the men of the
North and the Sou tb, and asking
him to give a written expression of
bis views as to the best way by which
this era of good feeling botwon tho
sections could be restored. To this
communication General Lee respond?
ed with his accustomed frankness and
directness, expressing his reverence
for the Constitution of the United
States, and his ardent desire for a
complete union of the States as of
old, and also his unqualified belief
that his reverence and desire were
shared by a large majority of
the reflecting people of the South;
that the South now panted anxious?
ly for peace and a return to a
peaceful and constitutional admi?
nistration of the Government; that
they longed more ardently for that
greatest boon of American freemen
-the right of self-government
that the people of these States would
treat kindly and humanely the color?
ed people among them, if left to
themselves; that they would be im?
pelled to this by tho dictates of their
own hearts as well as by n feeling of
self-interest. General Leo, however,
was especially us emphatic in deplor?
ing tho attempt to com mit tho political
destinies of these States to these
colored people at this time, before
they are prepared for such a mighty
responsibility; an attempt which, he
remarked, is fraught with incalcula?
ble misfortune and calamities to the
whole country, North and South,
aud with destruction to these colored
people themselves. General Leo was
joined in this communication by
such distinguished men as Beaur?
gard, Stuart, of Virginia; Stephens,
of Georgia; Conrad, of Louisiana,
and other men of note, both military
and civil, whose names are well
known to tho country.
I give but a meagre outline of thc
correspondence, which is in thc
hands of General Bosencranz, and
which, it is hoped, will soon be giver
to the country, as it must bo produc?
tive of great good, as it ought tc
dispel many mistaken impressions
which prevail in the minds of manj
men at the North. It is only neces
8ary for the gallant men of the Unior
and Confederate armies, to express
themselves in an unreserved maimer
to insure a fraternizing among them
These united efforts can be and ough
to bo directed to the preservation ol
a common country.
WHO IS GOVERNOR SCOTT?-Thc
following letter, addressed to a citi
zen of Columbia, is from the pen o
a distinguished Democrat, who re
sides in the adopted home of Gov
NAPOLEON, OHIO, August 19.
J. C. Jannel/, Esq., Columbia, S. C.
DEAR SIR: Your letter of the IOU
ult. has been received, making cei
tain inquiries in relation to th
former history of Gov. lt. K. Scott
of South Carolina. You say tho
there is a report in circulation tba
he was a "defaulter while practicinj
law in Philadelphia, Pa." The re
coipt of such a letter occasioned vcr
great surprise, I assure you, an<
what could give rise to such a repol?
is still more surprising.
There is not the slightest founds
tiou in the world for such a charge
Gov. Scott is not, and never was
a lawyer, and nevex lived in Fhiiadei
He was born in Armstrong COUD
ty, Pa., aud came to Ohio with hi
parents when ho was about eightee
years old, and resided in Columbi!
until he finished his medical educ.,
tion, after which he took up his res:
dence in this (Henry) County, an
commenced the practico of medicin?
He was engaged in the practico c
medicine in ibis County from th
i year 1852, until about the time tl
war broke out, when he entered th
army as an officer in the 68th reg
mont, Ohio Infantry, aud continue
in tho servico until ho was electe
Governor of South Carolina.
I havo been intimately acquainte
wtih Gov. Scott for about sixtee
years, and know him to bo a higl
minded, honorable gentleman, at a
timos ono of our first and respecte
citizens. I will also statd that ho
deservedly one of tho most popuh
men in our State.
Gov. Scott owns a largo amount <
real estate and other property in th
County, is considered ono of ot
wealthiest men, and owes no ma
one dollar, hero or elsewhere, to m
Allow me to say, in conolusioi
that I do not agree with Gov. Seo
in politics, but make the above stat
mont cheerfully, because truth an
justice require me to do so.
Hoping that this letter may conti
bute to put to rest the gross slandi
you refer to, I remain, yours truly,
JAMES G. HALI*.
Wo have been requested to give
uotico that the State Central Club of
tho Democratic party of this State,
wiii meet at 10 O'clock a. m. thia day,
in Carolina Hail.
Attention ia directed to tb* auction
Bale, this morning, by Mesara. D. O.
Peixotto & Son, of the estate of F;
Zesterfletb, deceased. They will ako
offer ten shares of the Charlotte! ano
South Carolina Railroad stock, be?
longing to said estate.
INCENDIARISM.-The dwelling of
Mr. James Burnside, with its entire
contents, was destroyed by fire, on
Friday night last. Mr. Barnside has
been particularly unfortunate; he has
been repeatedly robbed, and to cap
the climax his house has been re?
duced to ashes. Mr. Burnside's re?
sidence was located about seven miles
from Columbia, on the South Caro?
It is understood that Dr. Neagle,
the so-called Comptroller and Rep?
resentativo, was colporteur for the
Presbyterian Board of Publication,
at Philadelphia; that he was a de?
faulter to about the sum of eighty
dollars; that J. B. Hood, one of
the best of men, and an elder in
the congregation of Rev. J. Hun?
ter, in Mecklenburg, North Caroli?
na, can give considerable informa?
tion on the subject, aa he was the
agent of tho Presbyterian Board of
Publication to collect the sum from
Neagle. A lotter to Bev. J. Hun?
ter, directed to Charlotte, North
Carolina, will reach Mr. Hood.
At a radical meeting, at Sumter,
on Saturday last, R. B. Elliott, one
of tho speakers, used tho following
.'It is tho design of tho Democratic
party to reduco you again to a serf?
dom and vassalage." "I want yon
to remember all this, and remember
that your friends, the radical party,
have told you of it and warned you
how to avoid it." "Remember that
wo have told yon to put on your
swords, ye men of war, go .out to
fight, for ye can take land aud it
shall be yours"-cries all over the
house of "yes, yes, yes," "we will,
we will," "we want the land," "dat
the ting," ?fcc.
* 'In November next, you must ad?
minister to your Democratic fair
faces a dose that will make them sick
in the ma\v;Jior let me tell you the
best thing you can do is to kill them,
and when you bury them, I wont you .
to bury them with their faoes down?
Agreeably to a resolution adopted
by tho recent State Convention, the
following gentlemen ore appointed
by the State Central Executive Com?
mittee canvassers in the interest of
State at large-Gabriel Cannon
and A. P. Aldrich.
Second Congressional District-J.
Third Congressional District-D.
Fourth Congressional District-W.
D. Simpson. *
Canvasser for First Congressional
District to be hereafter appointed.
WADE HAMPTON, Chairman.
MAIL ARRANGEMENTS.-The post
office open during the week from S%
a. m. to 7 p. m. On Sundays, from
I to 5 p. m.
The Charleston and Western mail?
are open for delivery at 4^ p. m., and
close at 8>2 p. m. Charleston night
mail open 8)a a. m., olose 4>? p. m.
Northern-Open for delivery nt
8Jji n. m., closes at 2.45 p. m.
Greenville-Open for delivery 5>?
p. m., closes at 8^ p. m.
NEW ADVERTISEMENTS.-Special at
tention is called to the following ad?
vertisements, published for tho first
time this morning:
J. Sibley ?fe Sons-Com. Merchants.
Meeting True Brotherhood Lodge.
Meeting Palmetto Fire Company.
Wanted -Agent for the State.
Columbia Femalo Academy.
W. H. Wigg-Citation.
Proclamation of Gov. Scott.
DROWNED.-We understand that on
Sunday last oue of the discharged
United Statea aoldiera was drowned
in Waccamaw Bay. While attempt?
ing to recover a lost hat by jumping
overboard, feeling secare as an ex?
pert swimmer, the boat was capsized,
and he was kept under water by the
James Tupper, Esq., formerly
Master in Equity for Charleston
District, died in Summerville, on
the 29th ultimo. He was a native
of Charleston, and was about fifty
years of age.
At a meeting of one of the colored
Democratic clubs Of Charleston, on
Thursday night, sixty-three new
names were added to the list of mem?