Newspaper Page Text
r fe? ,o* X jfw Ar?. JC?
Saturday Morning, April 24. 1869.
The T?XM Ca ?e.
The most important caso that bas be? n
lately brought before onr courts for a dec!
sion is that of the State of Texas in regard
to tho ownership of certain bonds. The
opinion of the oonrt involve? many points
of constitutional law that -were awaiting an
authoritative announcement from the Su?
preme Oourt of the United States, os the
grout arbiter of questions affecting the
gravest interests of the .nation. Tho most
important point was that ol the jurisdiction
Of the Supreme Conrt. That court hos
jurisdiction of snits brought by a State of
the Union against any other St ato or citi?
zens of any other State. 1 This snit was in?
stituted by th? State of Taxa?, which, by
the Act of Congress ot Hf arch 2, 18C7, was
pronounced '?illegal," and was also, by n
subsequent Act of July 19, 1867, declared
to be one of those States which had "not
legal State Governments." The suit wns
.instituted in 1867 as an original suit in the
.United States .Supreme Court, nod the deci?
sion dc not only that the court has jurisdic?
tion, bat that, notwithstanding all the Ads
of Congress, Texas Was at that time ac?
tually and legally a State, and one of the
.States o? tho Union. '
It is unnecessary to enter into details as
to the various points presented in this
decision. It was ably argued, aud the
opinion delivered by tho Court is ac?
knowledged to bo one of the ablest aud
most exhaustive and conclusivo over ema?
nating from that highest tribunal of jus?
tice. It decides, among other things,
that Texas has never ceased to bo a Stato of
the Union; that the Acts of s?cession were
void, and that no Stato has at any time
taken itself out of the Union. Tho au?
thority of the Federal Government was sus?
pended while the State was in rebellion,
but neither did tho Stato loso its status ns
one of the States of the Union, nor its citi?
zens as citizens of the United States. The
opinion justifies tho establishment of the
provisional governments organized by Pre?
sidents Lincoln and Johnson as a necessity
for the restoration of law and order and
legitimate State government in the seceded
States. It avoids, however, any decision
upon the constitutionality of the various
reconstruction laws of Congress, except so
far as they recognize the existence of a Stato
government already organized.
It was in effect decided, in the language
of the brief of one of the counsel, Mr. Ii.
T. Merrick, that "there may bo a Slate
without a government, though there cannot
be a goverrmcnt -wUhoal ?* State. A State
is none the less a Stato though anarchy may
prevail and all government be overturned.
The association of individuals remains un?
der the social compact, though without any
organized power exercising and directing
its political foroe. It is, therefore, appa?
rent that the State and the government are
not one and the same;" and that the go?
vernments of those States which were in
rebellion "were usurping governments,
established upon the overthrow of tho go?
vernments ile jure, and organized for the
purpose of hostility to the Union. And the
object of the war was to overthrow these
hostile and usurping governments, and re?
establish tho governments ile jure in their
legitimate authority, and at tho sumo time
restore the supremacy of the Federal Con?
stitution in States that never had been and
could not be withdrawn from the Federal
The point made by Mr. Merrick that "a
Stato neither loses any of its rights nor is
discharged from any of its obligations by a
ohnnge in the form of its oivil government,"
an old maxim in fundamental law, is fully
recognized by the Court in this decision.
As has been well said in reference to this
decision by an ablo cotemporary, "The go?
vernment of a Stato is a mere incident,
which may be changed, altered, or abolis hed
without impairing in any wise tho political
qc territorial integrity of tho State. The
acts of secession had no legal effect, and
their practical effect was the overturning
and destruction of tho government at that
time existing in that State. Thc condition
of Texas during the war was that of a State
of the Union without any legal government,
and in that condition she was recovered by
tho military forco and authority of the
Union at tho close of the rebellion. An?
drew Johnson appointed a temporary Go?
vernor of that and other States similarly
conditioned at tho end of the war, and since
then Congress, by express legislation,
has recognized such governments as valid,
though declaring thom to bo provisional,
and subject to the control and authority of
tho United States, until such time as the
people of such States should frame State
governments republican in form, and ac
Texas has been governed by this provision?
al organization; and it was this government
which, olaiming to be the government of
the State of Texas, filed a bill to arrest the
payment of certain bonds, the property of
' ;hat State, which had been sold by those
persons ruling Texas during the rebellion.
It was objected that this government, pro?
visional at the most, but de facto, and yet
subordinate to the control of the United
States, did not represent the State of Texas,
and could not bring suit. But the court
decided that the character of Texas as a
State of tho Union never having changed,
and being tho same now that it was from
the date of her admission, the actual govern?
ment, recognized ns such by the political
departments of the Government, was tho
representative of thc State to the extent of
being entitled to bring this suit."
Tho importance of this decision is not to
bo over-estimated. It has already been
assailed by partisans, who have taken only
the telegraphic abstract ns tho grounds of
their objection ; but it is one that will be?
come hiatorisal, and will go far towards
realizing tho maxim with which the present
administration set ont, "Lotus have peace."
Ono of our old friends of the Augusta
Chronicle and Sentinel, (we know not whethei
it is tho brigadier of tho late "so-called,'
or modest Put Walsh, the efficient agent ol
tho Associated Press,) has evidently got hil
back up. . It seems that the Chronicle pub
lishcd, a few days ago, a batch of bogn;
telegrams, which it said had passed betweer
Bullock and Foster Blodgott, copies o:
which had been accidentally secured by tht
very enterprising "local" of that journal
On tho strength of this pleasantry, comos t
threat to mob tho office, and our editoria
friend opens fire as follows:
"Wo tako great pleasure in announcing
to belligerent Republicans, that this offico ii
now in a state of complete defence. Wt
have lately procured, and at a largo expense
from tho celebrated can non foundry at Pitts
burg, Penn., a 2-40,01)0 pounder, breech
loading, double-back action, self-adjusting
self-cocking, self-shooting, revolving Whit
worth cannon, which has been mounted ot
a pivot in tho passage leadiug to tho count
ing-room, where, crammed to the rauzzl
with grape-shot, cannister, brick-bats, typ
metal and hard tack, specimen turnips au<
potatoes, it but awaits the preaeuce of th
invader, to bo fired by electricity. We flat
ter ourselves that it is the most destructiv
weapon of warfare ever introduced in thi
city. Flanking this gun, is a new pateul
lever, doable cylinder, high pressure, duple
attachment force-pump, of our own invec
tion, which, by tho turning of a screw i
the editor's desk, will discharge 45,000 ga
lons, two quarts aud one-half pint of gt
tar, from oar own gas works, in the face (
tho advancing enemy. In rear of these, tl
two fascinating errand boys and tw
equally fascinating devils of the estai
l:shmeDt, will servo up boiling h<
paste, in such quantities as the occasio
may require. One hundred dozen superfit
Derringers, each ono warranted to blow
hole in a man as big as a pjmpkin, Inn
been received and are distributed about tl
persons of tho editors of this paper.
"N. B.-These Derringers are of the san
pattern as those given by Governor .Bulloc
to Blodgett's Chief of Police, and are ce
tain death, vide the murder of Cornell
Red. The priuters are all armed wi
Spencer 'shooting sticks,' shooting 2!
times. This force hus been fed on regul
rations of scalaweg juveniles for tho pa
three weeks, nod is now in a most savai
condition. Commanding the Ellis stre
entrance are tho identical two pieces of ?
tillery which Dr. Powell testified before tl
Reconstruction Committee were used
this city at the Presidential election, bo
heavily loaded. Tho walls of the buildii
have been loop-holed for musketry, ai
crack marksmen have been engaged
sharpshooters. In tho second story of t
rear building is kept confined a man e
ployed, at a regular salary, to do the figl
iug for the establishment. This gentlem
is u pugilist, who was trained by John
Heenan. He is six feet ten inches in heigl
weighs 300 pounds, practices every day w:
500 pound dumb-bells, and can cat a s
cord at fifty paces with a Colt's pistol ni
times out of ten, shooting off-hand. C
James Meredith has the command of
company of Ka Klux scouts, whose di
it is to constantly patrol tho square, wli
on tho roof of the building a look-oul
competent velocipedist, rides a bycicle
day and night, so that any attempt to s
priso us will bo useless. Upon every di
of the building is placed a tub of 'Bang
Raw Bone Dust and Soluble Pacific Guar
which hos boen arranged with such devil
ingenuity as to fall upon tho head o
scalawag tho minute ho attempts to enl
Both of tho avtiolcs first named have b
procured from the store of J. O. Math
son, and oro warranted genuine. From I
it will bo seen that wo are fully pr?par?e
meet any emergency which may arise."
Miss Clam Louisa Kellogg, after cousc
ing to fling in Now York for the beuefil
tho Cuba revolutionists, reconsidered
matter, and refused, hecuuso the gentler
with whom sho has contracted her pro
sionnl services had engaged to bring her
at Havana next autumn, in winch case
apparent manifestation of sympathy for
insurgents here would bo likely to proju
No. 4-**. Co4?ty MtA%Mfift tt W.vrt>.r*>r.
To JUE Totmo MKW: Tou aro ir the
prime of life. Toa are the booe and sinew
of tbe County. Toa will soon have to take
the place of your fathers. To you is looked
for the rapid development of the agricul?
tural, mechanical and manufacturing re?
sources of your seotion. The State of South
Carolina has been thrown open asa free labor
commonwealth, with no speciality exempt?
ing any man from labor, by having the
burden of toil thrown upon some other.
The need is imperative which eompels eact
individual to seo what he is worth to thal
commuuity iu which his lot ia cast. Nt
pretension or excuse will avail to stain'
against the stern necessities of the occasion
Communities, individuals are compelled tc
havo bread, and with no one now to ean
it, they must sacrifice fulse pride, blood am
go to work or starve As this fact is real
ized and conceded, so will the County; st
will tho State; so will tho South riso fron
her disabilities. It may take time to brinj
in persistent idlers, but they will acknow
ledge, in tho end, that it is far better, ant
decidedly more honorable to labor than t<
starve or beg.
The fact is, and there is no usc to deny it
there are a great number of young men ii
this County, a vust number in tho ?South
living in idleuess. Thia was admissible, i
wo can uso tho word, when they owned for
tunes; but now, since the negroes are swep
away and most of them rendered poor am
penniless, is un ovil of the greatest magni
tude. We aro aware that all of them wonlt
practico law, medicino, dentistry, keep
hotel, bar-room, restaurant, engage in mei
cantile pursuits, edit a paper, deliver a Icc
ture, turn minister, teach a school, or d
auythiug besides go to work; but ?inding u
opening in these occupations, they are lyin
on their oars, doing nothing, waiting, lik
Micawber, for something to turu up. A
over the country, from the seaboard to th
mountnins, every mun that can raise lift
dollars, or get tho credit, ia wild to get u
a store. What are all these occupations
They arc consuming and non-producing.
Tho young men of the State, tho youn
men of thc County, no matter what the
blood, must come to labor. We say, in til
best und kii dliest of feelings, they mm
cease to be mero consumers, but becom
producers. They will havo to come to tl
couclusiou that honest work is better tba
no work at all, uud that unless they worl
they will have to beg or starve. We ni
happy in being able to say thero are a fe
examples iu thia County, and we prcsun
the same extends over tho ?State, of youn
men that were raised in aillueuce. who ha\
seized upon the plow and the hoe and goi
to work. This is a noble oxample in a nob
cause worthy of imitation. There is, n
young friends, a dignity in labor. The hi
tory of tho great of all nations is the hi
tory of labor. The sons of the laborer ar
mechanic are the rulers, the philosopher
the statesmen of the world. Now, we ai
tho question, is honest labor degrading,
idle vagabondism noble?
Thero is no excuse, no apology for ai
hearty, hale young man, with two good le
and hands, even if he has never worked,
bo loafing about in idleness, wuiting f
something to turn up to better his fortur
Duty to his country, to his family, to hil
self, to his Qod, urge upon him to lay he
upon tho implements of labor, and go
Not without labor did sinless Adam Iii
"but iu the sweat of his face" did fall
Adam earn his bread. As he was no long
what he had been, his highest welfare nt
required a more stringent law of labor th
would otherwise have been necessary. No
would saj', with a clear conscience, bo mt
consumers of other men's toil. There mi
be no drones, if wo really mean to prrsj
this Southern laud. A noble heart will d
dain to subsist like a droue upon the hon
gathered by others' labor, or liko a shark
prey ou the lesser fry, but will oue way
tho other earu his subsistence; for ho tl
doth not earn eau hardly eat his own br?
Let anyone take upon himself thc trou
to look around, aud ho will see that thc n
who now possess property, and who
prospering, are thoso who toiled with til
bauds. If this was done amid the syst
in which wo lived, how much moro cert
will the industrious laborer acquire a forti
iu the future.
Says tho Holy Book: "The hand of
diligent shall bear rule; but tho slotl
shall bo under tributo." Labor is the gi
law of tho universe. Industry,, pcr.se1
ance and energy, liko truth, will prov
Patriotic speeches, blood, chivalrous so
monts, constitutions, political theories, c
ventions, hospitality, nobility, dnelli
segars, whiskey, laziness, these aro not
things which make a nation success
powerful, prosperous and great. 1
Greek had chivalry, magnanimity,
boasted of his blood. For awhile
flourished, hut indolence ruined him.
tho other hand, tho sturdy Roman
neither blood, chivalry, magnanimity,
entertained auy notions of honor. Ho
selfish, grasping, merciless and cruel,
industrious, persevering, patient, S3'stem
in his movements, of indomitable will, <
u wonderful power of organization,
possessor of such qualifications, ho car
the Roman englo triumphantly over
world. He created a mighty empire, fra
tho civil law, and founded a language, i
eloquent and powerful, that is studied
pleasure, and stands as a model for all
nations of tho earth.
Among the modern notions, the English
approach nearer the Bomen character, and
have been styled the modern Romans. They
possess, in a wonderful degree, what ia vul?
garly called, but which is eminently nsefnl,
corn bread common sense. They have toiled,
worked and labored for many a .weary year,
nntil they have commanded the commerce.
of the world, while their sales whiten every
sea. They are sneeringly spoken of as "a
nation of shop-keepers," with au exceeding
fondness for roast beef, pudding nnd beer.
When a nation of people are bent upon
beef, pudding and beer, in their efforts to
obtain it they must acquiro wealth, and
wealth ia power. Hence, England, in the
efforts of her people for beef, pudding and
beor, has become rich, great and powerfnl.
Her neighbors, the Irish, are a more genial,
frank, chivalrous, knightly nod impulsive
people, sensitive to a fault, on honor; but
while they havo been writiug patriotic songs
and spirited melodies, becoming poorer and
poorer every day, the English, by ceaseless
toil and patient labor, have become the head
and front of tho industry of the world.
The Yankees, say what we may, aro an?
other persevering, industrious, practical
race. They have indefatigable energy, per?
tinacity of purpose and indomitable will.
They are a race of beavers. Their moniton
anil irou-clads sailed along our coasts iu
Confederate times, and they now traver?
the ocean and float in the waters of distanl
seas. Like Bruce's spider, in ensting hei
web, they toiled and labored at tho Atlnn
I tic coble when others would havo yielded,
I uutil they accomplished their design, lu th<
I great Pacific railway, connecting the Atlonth
with the Pacific, the mightiest work of tin
nineteenth century, they have displayed th<
spirit which actuates them. This shows tba
a people, industrious, persevering, int elli
gent must inevitably succeed.
The great question to be settled with us
since the laborers of the South, of the Stab
and country have been wrested from thei
owners, who once performed nil manna
labor, produced our cotton, rice and suguar
is: Will our young men work? will they seiz
upon tho hoe, plow and cradle? will tho;
turn their attention to mechanics? Arc the;
made of that material which will promp
them to labor, patiently, silently, manfully
with a hope deferred, yet with an eye singl
to success, until they have arisen from thei
reverses and accomplished their ends
H.ivo they the p itience and meekness of
Moses, with the faith and nbidin0 couf
dence of a Taul? with the manliness au
frankness of the Irishman? Have they th
stern, determined, indomitable will, wit
tho undiscouraged, persevering pertinacii
of purpose of the stern old Roman?
Tho Emperor Napoleon lately visite
Marshal Vaniaut's apartment in tho Tu
lories, to view a great number of objeel
which had belonged to Napoleon I, an
which wcro lutvty bequeathed by tl
Princess Baciocchi to the Prince Imperio
Among the interesting articles displayed wi
thetri-colored scarf which General Bonapar
wore when he visited at Jaffa the persoi
attacked by the plague; the spurs which 1
had on at the battle of the Pyramids; sev
ral snuff boxes belonging to the Empero
also, the one left behind by Louis XVL
on the table when he took his deparlu:
just before the Hundred Days; several v
l?mes annotated by the Emperor, ai
among them the "Voyage du Jeune An
charsis en Greco," aud the "Aventures <
Telemaque;" likewise a quantity of adv
gilt plate used by his Majesty at St. Helen
Napoleon III examined tho whole wi
great attention and interest.
A pamphlet has just been published 1
Steinkopf, in Stuttgart, eutitlod "The Ju
Cause of Prussia, by a South German
which has caused some sensation in th
city. The nnthor combats the opinion tl
tho policy of Prussia in 18G6. in spite of :
brilliant success, was morally wrong, a
that South Germany in accepting its resu
and lending it her support would be sai
Honing a crime. Ho argues that the gr<
national mission of Prussia and the aspii
tions and requirements of Germany fore
the Prussian Government to act us it 1
done, aud that it is only by a hearty a
thorough reconciliation with the North tl
tho Southern States can hope to attaii
healthy development and the longings
Germany can be satisfied.
Tho District of Constantina is ogi
menaced with a plague of locusts, as i
meuse heaps of tho eggs of that insect hi
been discovered underneath the soil. A
ward of 500 francs for every 100 kilogram!
has been offered by the authorities, aud
natives arrive daily with mules heal
loaded. Tho eggs aro theu curefu
crushed and mixed with quicklime.
"MENS SANA IN SANO ConroitE."
have a sound mind in a sound body is
knowledged to he tho great end and aim
life, iu a secular point of view. The soi
mind is doubtless most desirable; bul
what avail is it without tho sound ba
Observe that youth or that maiden fair
high spirits and brilliant talents. We
miro the palo intellectual cast of fcatu
but disenso has fastened upon tho
frame, tho bloodless face grows thin,
decay of mental and physical vigor s
follows, to bo succeeded by death. I
was made to labor, but there can be no 1
sustained work without health. To ir
the emotions fresh and true, to n
the mind active and vigorous, to II
the body strong and handsome, we r.
have life's greatest blessing, health,
eat well, to sleep well, to look well, to
well, health is tho one thing needful,
tho pearl of great price, more to be pr
than tho wealth of "Orrnns, or of Ii
ll ein it sb's Queen's Delight is the best b
Enrifier, health restorer, yet discovered,
e would do well to act well and try it.
?M o ??5 ? i X t ? m ? .
FALSE-PACKED COTTON.-Yesterday, sj lot
of nineteen bales of cotton, from Abbeville,
was offered to Messrs. Blakely A; Gibbes.
Mr. Gibbes sampled- the cotton and after
offering 25}? cents per ponnd for it, moue a
close, examination of it, and found eighteen
bales of it to be falsely packed-being filled
in the middle of the bales with cotton seed
! and wet nnd rotten cotton. On boring into
tho middle of tho bales, bushels of seed
were found. The young man who had
charge of the cotton asserts very positively
that the fraud was entirely unknown to him,
and that the packing was dono on his
mother's plantation by the freedmen, who
had an interest in the crop of one-half. The
incicliants and committee of the Board of
Trade have, we learn, determined not to
prosecute the party in this case before giv?
ing him a chance to clear himself, and the
cotton will be loft in the depot, at the Green?
ville road, for the present. Those who
would like to see a well-arranged piece of
rascality, gotten up to defraud our mer?
chants, would do well to go and look at this
lot. Hunters and others can rest assured
that in future attempts of this kiud to de?
fraud will bo punished to tho extent of the
law, and our merchants, from bitter experi?
ence, have loamed to examiue their pur?
chase with great scrutiny.
Srtrgent, the illusionist, gave general satis?
faction to a large audience, last evening, at
Januey's Hall. Thero will bo a matinee
this afternon, nt half-past 3 o'clock, for the
accommodation of children and ladies.
Every child that attends will receive a hand?
some present. Parents, ?end your little
ones along, and give them n pleasant and
innocent afternoon's enjoyment. Thero
will be another entertainment, this evening,
at the same place, commencing ak & o'clock.
(Quantities of valuable presents bestowed
nightly on the audiouce.
Augustus E. Cohen has been appoiuted
by the Governor of Connecticut Commis?
sioner of Deeds for that State in South Ca?
NEW ADVEIITISEMENTS.-Special attention
is called to the following advertisements,
published for the first time this morning:
Thos. J. LuMotte-Assignee's Sale.
J. McKenzie-By Express.
Darby & Co.-Notice.
H. W. Rogers-Mules and Horses.
E. E. Jackson-Artificial Eyes, Ac.
Meeting Palmetto Fire Engine Company.
Acts Passed by the Legislature.
TUE CASE OF THE BANK OP THE STATE.
Judge Carpenter, yesterday, in this ease
granted the order moved for by Attorney
General Chamberlain, and appointed W. 0.
Courtney, Esq., receiver of ail the real and
personal estate, assets and choses of action
of the corporation known as the President
and directors of the Bank of the State of
South Carolina, upon his entering into
bonds, with approved sureties, in the sum
of $30,000, and directed him to hold the
estate subject to the order of the Court.
The largest is not always the best, br I the
AMERICAN HOUSE, BOSTON, which is the
largest Hotel ia New England, will al*o be
found ONE of the best. Every provision is
made for the comfort of guests. A2?
A WnoNo IMPRESSION CORRECTED.-Many
persons believe that there is no value in any
tiling that does not come from "the North."
How humiliating! However, this impres?
sion is being gradually corrected. It is now
admitted that no remedial Agent lins ever
been discovered, North or South, that pos?
sesses, iu so eminent a degree, tho power of
eradicating from the system all foul distem?
per, as DB. TUTT'S SARSAPARILLA AND
QUEEN'S DELIGHT. The secret is, it assists
nature lo do this through its own channels. It
is composed of vegetable substances alone,
[.very one of which grows on Southern soil.
lt is the BiiOOD PUBTPIER OP THE AGE.
THE MAMMOTH CAYE-EXTRACT FROM A
I'AIVATE LETTER.-* * * * * We
groped about for many hours ir? this wou
jerful place. I never saw ouything like it.
The freaks of nature displayed hero are very
strange, aud strike the beholder with awe.
But the air in somo purls of the cavo is close
iud stilling, and when wo came out, I fou.nd
mvself saddled with a terrible fever, whicb
entirely prostrated mo. The physician had
never seen a caoo like it bofore; and no remo
tly he prescribed scorned to do tho leasl
?ood. My lifo was despaired of. Mrs,
Wilson, with whom I was residing, had ic
the house a bottlo of PLANTATION BITTERS
and sho insisted I should try it, for she saic
ibo knew it to bo a certain cure in all case*
of fever, debility, ague, dyspepsia, Src. 1
liad but littlo faith, but finally consented t(
try it as a last resort. In less than thrc<
hours after tho first dose, my fever left mo
in two days I was sittiug up, and befor<
Saturday night, I was os well as ever,
tell you all this that you may know how ti
ict in any case of fever, or any bimilar dis
sase. I firmly believe tho PLANTATION BIT
TKRS saved my lifo. ***** itl ny
next I will tell von about tho cave in detail
A. J. P.
MAGNOLIA WATER.-Superior to tho befe
imported German Cologne, and sold at hal
the price. A24 ilf3