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The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, December 10, 1871, Image 2

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COLUMBIA, 8. C.
Sun lay alor nina", December IO, 1871.
A Popular view or our Statu Finance?
No. 3.
The average tax for tea years previous
to the war, was but $131.000. Daring
the year I860, it was but $392,000. At
that time, the taxable valuo ot the pro?
perty of tho State was $490.000,000.
Now said value is but $184,000,000.
What, now, are the taxes raised nineo
the war? The Charleston News says that
the Stato and County taxes, os assessed,
were as follows: Taxes for 1868, due 1869,
$1,835,105; taxes for 1869, due 1870,
$1,622,658; taxes for 1870, due 1871.
$2,265,047-three years taxes, $5,722,
809. Aooording to this showing, what
fallows? This, viz: that whilst in three
years before the war, $1,293,000 were
raised by taxation on a bosiB of $490,
000,000-since the war, nearly $6,000,000
have, in the same time, been raised, or
sought to be, on a taxable basis of
$184,000,000-titus showing, as we have
before remarked, that whilst the taxable
properly of the State has been reduced one
third, the taxes have been increased five
hundred per cent.
But lot as take another view of the
matter. We shall now iuke ihe Go?
vernor's statements-which may or may
not be true, even BB far as they go. In
his estimate, in his message, of the taxeB
collected and the delinquent taxes, he
artfully leaves ont of his estimate all the
County taxes; and he deceives the publio
farther in respeot to the delinquent
taxes; for, as we learn, at least three
fourths of the taxes reported delinquent,
are afterwards paid and collected. With
these corrections, let ns consider the
Governor's estimates. In 1868, ho ac?
knowledged that there were collected
$1,163,053.38; in 1869, $766,736.08; in
1870, $1,146,037.06-making $3,075,
826.42. To this, add S per cent, for
County taxes, viz: $92,274.79; and also
three-fourths of the taxes reported "dc-1
linqaent," with the 20 por cent, penalty
added, (amounting to $1,137,457.51,) to I
wit: $853,092.89, and we havo admitted I
collected by Governor Scott, in three
years, $3,075,826.42; County taxes omit?
ted by Governor Scott, at least $92,
274.79; three-fourths of delinquent taxes
afterward collected $853,092.89-mak?
ing a total of $4,021,194.10 raised in
1868-69-70 by taxation. That is, accord?
ing to Governor Scott's own basis of cal?
culation, over $4,000,000 have been col?
lected from the people of this State in
tho last three years.
Let us now see what moneys have
further boon raised from the sale of i
bonds. According to the Scott-Parker
Kimpton-Ohamberlain showing, lump
ton, the Financial Agent, has received
$9,533,000 of Stato bonds. We havo1
been told that the agent probably sold
these bonds at an average of fifty cents
on the dollar. But We will deduct from
the bonds in Kimptou's hunds tho
$700,000 in bonds that he was authorized
to sell on the Land Commission account,
this will leave $8,833,000 of State bonds
in Kimpton's hands. Assuming that ho
sold these at fifty cents ou the dollar,
we have the sum of $4,416,500, which
has passed into Ki mp ton's bands. Now,
add to this the $4,021,194.10 raised from
taxes, and we have $8,436,694 to be ac?
counted for by the ring. Take from this
$4,000,000 for tho expenses of the go?
vernment for three years, and we still
have over $4,000,000 to bo accounted for.
This represents the stealage. Now, we
ask of the ring this question: If you
have not stolen this money, whore is it?
Whore is tho people's money? What
have you got to show for it ?
Our readers will observe that this es?
timate is based mainly upon the admis?
sions of the accused. By just so much
as wo have fallen short of tho amounts
received from taxation, and the amounts
realized from tho sale of bonds, must
the stealage fund be increased. It is
likely that when the whole truth comes
oat, it will be found that we have very
much under-stated the sums stolen.
And yet, in view of all this monstrous
fraud, our people are called intolerant!
We affirm that we have been forbearing
to a remarkable degree. Upon the face
of God's earth, is there a people who
Jiavo been subjected to such official rob- j
bery, and the people poor, just emerged, j
conquered, out of a gigantic civil war, j
attended with frightful loss of life and ;
property and liberties. Ahl it is, in-j
deed, hard to bo plundered by Scott & :
Co., and then punished by Grant & Co. I
And to think that scoundrels and swin- ,
dlers should so manage their cards as to j
find protection under the United States I
flag. We havo officers of the United
States army, graduates of West Point, j
rtnd others, k?6??y p.]i?6 to the honor of !
"tho flag, and sensitive as to their sol?
dierly reputation. How it must wound ;
these gallant hearts to lind the flag thus
misused! We have, too, men iu our
midst, honest Republican;!. now it
must them smart to reflect how, under
tho clouk of their party, men have stolen
and stolen, until Radicalism in South
Carolina, as represented by tho thieving
oarpet-baggers and their native allies,
has become a burning shame and a dis?
grace to decency and civilization.
The present number of cardinals is
very small, and it is reported from Home
that ia a short timo fifty-oi, as some
say, eighty-new bishops will be created,
and no doubt one or two cardinals' hats
will bo distributed.
Saxe says that Vermont ia famous for
four staples, "men, women, maple sugar
and horses. Tho first aro strong, the
last are fleet, the second and third aro
exceedingly sweet, and nil aro uncom?
monly hard to beat."
The Toi-l'aycii of Hie Olly Interested
A? KxlmvMgutit Proposition.
We had tho opportunity of examining,
on yesterday, tho draft of a bill drawn
by the City Attorney, and to bo pre?
sented to the Legislature by Representa?
tive Thompson. This move seriously
affects the interests of tho oity, and we
desire promptly to post tho publia. This
bill authorizes the Mayor and Aldermen
to issue eight per cont, bonds to an
i amount which, together with the out?
standing indebtedness of the oity, shall
not exceed Ibo sam of $300,000. Those
bonds aro payable in twenty years, with
interest payable semi-annually. There
is to be no salo of bonds, except at pub?
lic outcry, and upon notioo previously
given. There is to be n registry of city
bonds, old and new. A speoial tax is to
be raised to pay the interest on all the
bonds. The proceeds of the bonds are
to be applied to payment of oity debts
heretofore contracted, or which may
hereafter be ooutracted-the now City
j Hall, the new market, improvement of
streets, extension of water works and
other city improvements. There is pro?
vision uguiust increase of tho debt,
j Another section of the bill makes it
? felony, puniBhablo by fino and imprison?
ment, for tho City Council to issue
bonds privately and fraudulently. The
tenth section provides for a sinking
fund, to be created from rentals of the
City Hall, with which to pay tho same.
Tho last section repeals all previous
Acts in relatiou to oity bonds.
Tho above, wo believe, is an extract of
tho prominent features of tho bill. Wo
must say that we caunot per?oive how
tho iutcrosts of the city aro to bo pro?
moted by this move ?800,000 to bo is?
sued of 8 per cent, bonds. This wo doem
wholly uncalled for. Lot us HCO how
J tho Hchcrao will stand the test of analysis
j by examination. Tho taxable property
of tho city is estim-ttod at $5,000,000.
j At ono per cent., thia will give us$50,0110.
I Tho receipts of tho city from th? various
I sources of revenue are about $35,000.
This will give ns an nnnunl income of
$85,000. Now the annual interest on
$800,000 eight per cent, bonds would bo
$64,000. The curre ut oily expenses aro
about $36,000 per annum. This would
give $100,000 per annum, to meet which
we would have but $85,000. That is, the
oity espouses would exceed the receipts
by $15,000. But why issue $800,000
oity bonds? Tho outstanding debts
of the city, we learn, aro now about
$325,000. Why cow issue $475,000
oight per cent, bonds, and thus place at
tho disposal of tho City Council so large a
sum of money-largo, assuming that the
bonds will oommaud a good price. Wore
they to sell at eighty cents ou the dollar,
the City Council would realize $040,000.
Tuko from this the $325,000 now oar
outstanding debt, and they would have
$315,000 in hand. Now, putting tho
Oity Hall at $100,000, and the marketat
$12,000, and letting that amount go, the
Council would still havo $203,000 to
spend, or pretend to spend, iu indefinito
city improvements.
We oppose the move, and we invito
public attention to tho subject. Fur?
ther, wo hold thal this grave matter
should havo been presented to tho city
first, before being put before tho Legis
I laturc. There wau a rule which made it
obligatory upon publia bodies to give
three months* notico before applying for
such authority as thia Council is now
8cekiog. Wo hold, further, that the
present Council have forfeited all claims
to public confidence. They issued, pri?
vately and illegally, $250,000 seven per
ceut. bonds. They aro charged with
authorizing or allowing over-oharging in
connoction with tho contracts for tho
City Hull and thc market, to tho cxtont
of over $50,000. Aud now tho Council,
representing to a very slight extent the
tax-payers of tho city, undertake and
propose to biud tho property of the citi?
zens to tho extent of an uncalled-for
bond issuance of $800,000! Why, sup?
pose these bonds bring but forty cents
ou tho dollar. Wo would got but $320,
000, aud wc would be saddled with a
debt of $800,000. We leave tho matter
tn tho citizens.
S {?rn Kn- M (?st M.
We desire to direct public attention
to some facts in connection with this
p.;r ; ?...i ii'.i gross partiality and neglect cf
dh ty. A member of tho House, Mr. D.
Kinsler, waa killed nearly ono year ngo,
and jot no writ ordering a new election
has been issued. The Constitution de?
volves this duty upon tho Speaker, and
yet ho deliberately neglects to do this
duty, though over aud over nguiu urged
so to do. Does tho Speaker four one
Democratic member from Lexington?
Again. Mr. Kuh, an honest Repub?
lican member from Beaufort-as repre?
sented to us-died last summer. Speaker
Moses hus ordered no election, wo learn,
in this cuso. Ia it bc ci use ho fears that
Beaufort may tend another honest mem?
ber?
Yet tho Speaker is uot always slow.
Whoa ono Hardy, of Charleston, re?
signed to givo plnco to Mr. Bowen, tho
Speaker forthwith issued his writ, and
Mr. Bowen now hus his scat. Does tho
legislative majority propose to allow snob
conduct on tho part of tho Speaker?
Docs he hold iu his 'corrupt hands the
House? Do the mnjority unite with tho
Spouker in his opposition to Democrats
and honest Republicans? Let tho
Speaker look well to bia duties. Wo
may yot deem it our cinty to unveil his
political past, and to (car from his brow
tho silver veil that now oonceals so much
that ho would not have exposed.
Regard not dreams since they are tho
images of our hopes and fears.-Cato.
A NEW PAFKU AT ROOK HI LI,, SOUTH |
CAROLINA.-From tho prospectus sent
us, wo lenin that there will be issued
sooD, from Rook Hill, iu Yolk, n new
paper, to he known us The Lantern.
The editor and proprietor will be John?
ston Jones, Esq. We eau most heurtily
oom m cud this enterprise. Mr. Jones
we know well; and, as a mun of fine
abilities and high tono, we feel euro that
bo will givo us a poper, in all respects,
worthy of publie patronage. Let him
faithfully nud earnestly carry out the
principles announced in his prospectus
as we have every reason to behove he
will-and his paper will be tho means of
no liUlo public good. We greet our
friend and former pupil heartily, for wo
know full well that we shull bo in full
sympathy-co-laborers in a common
oanse.
"lie just and foar not;
Let all tho emla thou aima't at
Uo thy country's, thy God's and truth'?."
Notice,
As chairman of n meeting of cilizous,
held in response to the circular of Qon.
Hampton and othors, in relation to a
State fund, to bo used in behalf of the
eminent counsel engaged to defend the
men prosecuted nuder the Enforcement
Act of Congress, aud to test tho consti?
tutional questions involved, the under?
signed wu3 authorized to appoint a com?
mittee, to consist of two persons for
each ward in the city, and for oaoh elec?
tion precinot in the Couuty.
The following citizens are requested
to act as a committeo on subscriptions,
to report to tho ohairman:
Ward No. 1-R. D. Sonn, W. Press.
Brown.
Ward No. 2-John Caldwell, J. T.
Sloan, Jr.
Ward No. :i-J. C. Seegors, W. C.
Fisher.
Ward No. -1- Edward Hope, Roland
Keeuou.
Killian's-Eli Killian, John L?rick;
Camp Ground-J. H. Kinsler, W. P.
Bookter.
Gadsden-Warien Adams, T. li. Wes?
ton.
Garner's Ferry-Samuel G. Henry, J.
J. Lucius. JOHN P. THOMAS,
Chairman.
ClIAKIiESTON OH?MIIBH OP COMMERCE
EXTRACT.-The Chair stated that the
Hon. James Cliesuut and A. P. Aldrich
were iu tho city, aud suggested tho ap?
pointment of a committee to wait upou
these geutlcmcu and invite them to ad?
dress the Chamber. On motion of Mr.
Wm. Raveuel, the Clmir nppoiuted on
that committeo Wm. Raveuel, F. J. Por?
cher ond Wm. A. Courtonny, who re?
tired, and ofter a few minutes, returned
with tho distinguished guests, who were
cordially introduced by the chairman of
the committee.
They addressed tho Chamber iu turn,
reviewing the condition of the finances
of tho State, and giving their opinion as
to what remedy should be applied to
rectify tho evil. They wero listone.l to
with the most profound attention.
In addition to the members uud these
gentlemen, there were present of tho
Tax-Payers' Convention, the Hon. W.
D. Tortor, President, and the Hon.
Honry Gourdin and Thomas Y. Simons,
of the Executive Committee. After a
free and frank interchange of opinion,
it was, on motion of L. D. DcSaussure,
Esq., resolved, that the thank3 of the
Chamber be extended to tho Hon. James
Chesnnt and A. I*. Aldrich, for tho able
and eloquent addresses delivered, and
that a committeo of ono or more, ns may
be desired, bo uppoiutcd by this Cham?
ber to confer and co-operato with tho
Executive Committee of tho Tax-Payers'
Convention, in such messines as they
moy deem essential for tho protection of
the rights of tho people.
Adjourned.
Monti ARRESTS-RELEASES.-Tho fol?
lowing persons have been arrested in
this County since our last report: Major
J. W. Tench, B. Dawkins, Mae. Thomp?
son, Govnn Black, June Sparks, James
Sparks. Joseph JeiFries and Samuel Jef?
fries. Tho lust named person escaped,
to tho chagrin of his captors.
Wo are pleased to sen our young
friends, D. B. Font, Porlicer Faut,
Munro Faut, Jason Greer, Albert Ew
banks, Wm. Hughes, Jr., aud our old
friends, W. G. Hughes, Sr., aud Wesley
Sanders, at liberty again. They wore
taken before tho Coniisaionor ut Spnr
tanburg, on Saturday last, und admitted
j to bail. Most of these men we know to
bo innocent of t ho crime charged against
; them-that of a riot in tho streets of
Union, over a year ago, by which S. T.
Poinier was so frightened that ho hastily
left town. Wo loam that Poinier ami n
mau by tho name of R:iy made the
charge, but wo cannot seo how tho
United States authorities can have any?
thing to do with it, as it is purely within
the jurisdiction of tho town authorities.
Many of these arrests and tho unwar?
ranted and ungentlemanly searches of
private apartments will bo investigated
ut sonto futuro day. Although wo mo
Southerners, we aro American citizoup,
aud have not lost all our rights. Our
hands aro in the lion's mouth uaw, but
wo or our children will resent tho indig?
nities put upon us, so soon ns justice
shall resume her throne in this country.
I Union Ti ?itu.
ESCAPED THE KNIFE, WIT DIEU FROM
THE EFFECTS OF A FALL.-That tho ways
of Providence ure struugc needs no bet?
ter exemplification than Is illustrated in
tho death of Mrs. Carlottu Sarocoo,
whoso despendo struggle last summer
with thu colored mau Thomas is still
fresh in tho minds of every person iu
this city. Hy almost a (niracle, this lady
escaped death from the kuife, and suc?
ceeded in having her would-be murderer
sentenced to twenty years in tho peni?
tentiary. On tho day that Thomas waa
sentenced, Mrs. Saroeco, in quitting the
court house by tho door on lexington
street, Blipped and fell upon thc iron
steps and fractured her skull. She was
removed to her homo iu an insensible
condition, und on Monday last died.
1 Hull i nu n't'. A mcrici to.
SUDDEN DEATH.-Mr. John Moyer, a
promiucnt merchant of Blackville, and
a gentleman highly esteemed by all who
knew him, died suddenly on Monday
evening, tho 27th ult., between 10 anil
ll o'clock, of disenso of tho heart. But
a few hours previous lo his death, Mr.
Moyer seemed in perfect health.
{?iarmre.ll Seul i nd.
By way of increasing tho city rovonue,
they have commenced in Richmond tho
system of fining baby carriages found on
tho streets to tho tuno of $1, on tho
ground that they obstruct tho side-walks.
LEGISLATIVE! FRGCSSCS?7GS.
?SATURDAY, DECEMBER 0, 1871.
SENATE* ?0
Mr. Cardoso introduced a bill to
amend nn Aot relating to the jurisdic?
tion and' duties of County Commiesion
ers.
Mr. S ai al In-A bill to require the cir?
cuit solicitors to attend the session of
tho General Assembly, and to define
their duties while so attending.
Mr. Whittomore - Bills requiring
County Treasurers to report to the
County Commissioners; to amend an
Aot to alter and renew tho charter of the
town of Darlington.
Mr. Nash-Bills to repeal an Aot to
authorize the formation of and to incor?
porate the Tugaloo and Chattanooga
Railroad Company ; to repeal a joint ro?
tation entitled "A joint resolution au?
thorizing tho Governor to employ an
armed force for tho preservation of the
peace," were passed.
A bill to repeal a joint resolution en?
titled "Joint resolution authorizing the
Governor to parchase 2,1)00 stand of
arms, of tho most improved pattern,
with usual complement of ammunition," j
was panned.
Joint resolution to require tho Go?
vernor to communicate with the proper
authorities of the State of Georgia, with
a viow to re-adjustment of boundary lino
between the States of Georgia and South
Carolina, and authorizing the appoint- j
ment of throe commissioners, was passed, j
A bill to amend the seoond clause of j
the 18th section of an Aot entitled "Au j
Act to revise, simplify and ubridgo tho j
rules, practice, pleadings end forms of
courts in this State," was passed.
Bills to amend Section 270 of Code of
Procedure, aud lo repoul un Act entitled j
"Au Act to create a debt of the State of |
I South Carolina, to bo kuown as the ?
j Sterling Funded Debt, tho same, or tho
I proceeds thereof, to bo exclusively used i
in exchnugo for, or iu payment of, tho
? existing debt of said State," were laid
on tho table.
Message No. 3 of his Excellency the
Governor, returning, with his objections,
joint resolution to provide for tho publi?
cation of certain statutes of this State,
and jouruuls of tho General Assembly,
' was passed over his veto,
j Bills to arnaud and extend the charter
j of the Planter's and Mechanic's Buuk of
j South Carolina; to incorporate tho.
! Youug Men's Africauus Debating Club;
j for thu protection of buoys aud beucous;
' to incorporate tho Walhalla Hook mid
j Ladder Compauy, were passed.
A bill to abolish tho otiice of Finan
I cial Agent of tho State of South Caro
I lina in New York was postponed.
At 3jX P. M., the Senate adjoin tied
i uutil Monday, at 12 M.
j HOUSE OF REPRESENTATIVES.
Tho House met nt 12 M., Speaker
Moses in the chair.
The unfiu?8hcd business from yester?
day, being a bill to alter and amend thc
charter of tho town of Georgetown, it
j was ordered to bo euprossed for a third
reading.
Mr. Hagood, from Um Cutntnitteo ou
Charitable Institutions, reported favor?
ably for tho incorporation of certain
churches und charitable institutions.
Laid over.
Mr. Whipper offered it resolut iou rela?
tive to tho violation of thc charter of
tho Air-Line Railroad from Charlotte,
N. C., to Atlanta, Ga., und to refer thc
j matter to thu Attorney-General for ex?
amination.
Mr. Byas iutroduced a bill to amend
an Act eutitled "Au Act iu relation to
the free common schools."
Mr. Holmes-Bill to amend an Act en?
titled "An Act to incorporate the Trus
i tees of tho Walterboro Malo Academy."
j Mr. Smart-Bill to create a public
? road from Beaver Bridge, on Beaver
: Crook, to Ridgeway, in Fairfield.
Mr. S. B. Thompson-Bill to uuiho
j rizo and empower tho Mayor and Alder
j men of the city ot' Columbia to issue
'?? bonds and sell thc some.
! Mr. Simoun-Bill to umend an Act
j entitled "Au Act to grunt tho uso of a
: vacant lot iu the town of Columbia to
Po'metto Lodge No. 5, I. O. O. F., on
j oertaiu conditions;" also, a memorial of
I tho Mayor und Aldermen of tho city of
j Columbia for tho use of the college hall
I for hospital purposes.
Mr. Frost-Bill to umend an Act enti
! tleti "Au Act for tho relief of proso
! ontors and witnesses iu cases not coni
! tal."
I Mr. Daunia, from tho special commit
' teo to wait upou tho Governor with tho
j resolutions reluling to the correspnnd
? euee upon the subject of tho issuing of
j State honda, reported that the Governor
j would report at the earliest moment.
Bill to incorp?rale tho town of Bel
j ton was passed to a third loading; also,
bill to amend au Act entitled "Au Act to
j graut, renew und amend tho charters of
j certain towns aud villages therein men
j Honed, commencing with Section No.
? 3G of said Aot, as relates to the towu of
! Wrightsville."
Resolution of Mr. Bowen, requesting
! report from llie Financial Board of the
State, was passed.
Bill to amend certain sections of tho
codo nf procedure, relating to tho Cir?
cuit Coutts, was rocommitii'd to tho Ju?
diciary Commit tee.
Senate hill to regulato the granting of
divorces occupied tho attention of tho
Hon.-e. up to hour of ail] ou rn incut) when
tho Hoi'.so adjourned to Monday, ut 12
o'clock M.
- ?-?- -
A lady in Boston, ilvu feet and thine
inches in height, has hair that trails fa
qnnrtor of a yard behind her on tim Hour
us she walks. It is Hoventy-fivo inches
long and jot black.
HOTEL ARRIVALS, Decembir 9.
N?ck?rson Monza-lion. B. F. Duncan,
Charleston" Charles b.'adon, U. H. A.;
H. C. Ii. Miller, Mis* J. R. Miller, York
villo ; G. C. B.ieot, Winnsboro ; Joseph
Raphal, New Orleans ; John 15. Cai ter,
Augusta; Mrs. Thus. Crjmes, Gainsville;
Hon. Jus. L. Orr. South Carolina : W.
II. Kline, Chester ; Y. W. Keno, Sills
bury ; I). A. P. Jordan, Greenwood.
Columbia Haiti-John Carroll, L. J.
Barber, Blackstocks; C. B. Funner,
Walterboro; W. Dudley, A. L. Tyler,
Charleston; A. Kennedy, Tenu.j M, Ii.
Bouhan), Edgolleld; Jonathan Biker,
Clinics Daly. Wm. tl. Phelps, W. S.
Byles, New York; J. G. Loner, Gun
town; J. M. Selkirk, Wm. O il moy, Chas.
A. Clausen, Charleston; John Cridar,
Orangehurgi S. B. Adams, Samuel
Pluee, Camden; J. W. Helbv, Baltimore
R. W. McCullough, Rioh?ond; W. J.
Yore?p. W. II. MoNair, W. F. Brittain,
A. G. Woodrooff. Thomas N. Brandet,
John B. Sonly, Now York; H. G. II n
dersou, B. F. Bartholow, Baltimore; Si
moon Pair, Newberry; A. J. Louis; Dr.
Gib'on, U. S. A.; ll. Pope. Wilming
tou; John B. Sardy, New York; J. S.
Burroughs, Cou way boro; W. H. Evans,
Charleston; W. D. Hanneiin, Charles
ton; W. II. H. Sweet, Atlanta.
TUE UNITED STATES CIRCUIT COUKT.- !
SATUBDAY, December 9, 1671.-Tho |
court met at ll o'clock A. M., Hoo. ?
Hugh Li. Bond Presiding Judge, and j
Hon. Qeorgo S. Bryan OD the Bench. j
TbeGr.md Jury returned "true billa"
in the oaso of the Uuitcd States vs. J.
William Avery, Jumes Rufus Brutton,
Chambers Brown, Alonzo Brown, Ro?
bert Biggins, Rufus MoLaiu, Napoleon
Miller, Wm. Johnson, Finckney Cald?
well, Robert Caldwell, Robert Dickson
Bigbam, John S. Brutton, Harvoy Gun?
ning, Bascom Kennedy and Holbrook
Good, charged with conspiracy against
James Williams, alias "Jim Rainey,"
and with murder. Also, true bill in the
ease of tho United Stales vs. Robert
Hays Mitchell el al., und the United
States vs. John M. Mitchell el al. Mr.
Corbin proposed to tuke up tho case of
Robert Hays Mitchell cl al., and proceed
at once to trial. Mr. Stuoberry object?
ed, stating that such uclion was not in
accordance with tho agreement made be?
tween oounsel; that tho murder case
should be called up fir?t, iu order that
the question upon which thu court was
divided might be seut up at once to the
Supremo Court. It wan agreed, after
some debate, to tuke.up thu murder case
iirst; but inasmuch us tho counsel for
the defence hud not been furnished with
a copy of tho new iudiotinout, they were
j allowed until Monday to make necessary
j prepuratiou.
! Mr. Stanberry proposed to employ the
I time of the court to-duy in the dis?
cussion of u grave question, arising
; from the cases disposcu of yeoterduy by
?a plea of guilty, to wit, whether the
! prisoneis are to bc punished for a mis?
demeanor, us thc defeuco would endea?
vor to show, or for a fcluuy, as the couu
sel for tho Government contended. The
court expressed itu desire to heur the
argument of counsel ou the question.
I Mr. Stanberry stated that thu de
? fence claimed that tho punishment should
; be fixed according to the provisions ol
' tho fourth section of tho net of May 31,
j 1870, entitled "Au ucl to protect thi
: citizens of the United States in tho righi
! tu vote and for other purposes." WhlU
j tho District Attorney maintained thal
i the sixth section of the tame Act was thai
I nuder which tho indictment was laid.
' lu the oue cuse the offence would bi
; punished :is u misdemeanor only, with i
; hue of CMUO uud imprisonment not mon
; than a your, while iu the other it wooli
' nu made a felony puuitiliublo with a hui
! of $-3,000 and imprisonment for tor
years-just tou times us much, with tin
additional penalty of being deprived o
; thc right to vote or hold any otiioo o
profil or trust under the Government
: Mr. Stanberry then rend from the Act re
: furred to, showing that the first seelioi
related solely to ibu right of voting; th
second provided for the* punishment o
official misconduct in not allowing pei
! sons duly quulilied to vote-und for not li
mg else; tue third provided punisbmeu
for official iniscouduci. in not ullowin
persons to quality themselves, such u
. registering, Sec., uud referred, ulso, solel
: to ibo right of HU Drage. So the fourt
provided against individual hiudruuc
. or combination, or confederation to hit
! dor or prevent a citizeu iu tho free ci
i eroiso of tho right of voting; the fifth r<
' lated to cases ot bribery and of threal
' of discharge from employ trient, &c, fe
voting. Lach ono ol these seelious, fro!
tho tirst to the fifth, inclusive, reler et
peciully und inexplicit words to the rig!
of voting. The sixth. Mr. Stauben
went on to show, by tho use of the tern
j "any privileges or immunities" graute
or secured by thc Constitution or luv
of the United States, must refer to olhi
: privileges und immunities, and not 1
. tho light to vote, which had been sp
oially provided for hy tho preceding se*
! Lions, thornie of construction being tin
, whenever a previous Aet or section of a
' Act made special provision for uuythiuj
and there was a subsequent ouactmoi
j or section of tho same Act, w ith a goner
, clause that certainly embraces othi
things, und might embrace this, by ii
\ tend incut, tho special provisi?n be pr
j ferred. Aguin, another well cstablisbt
j rule wus, that statuta must not be co
strued so us to involve au absurdity
lu tho present instance, this would iuev
tubly follow, s ho u !d the right to vote 1
included in thu wot (ls "privileges ai
immunities," used in the sixth sectio
for then wu must assert that Congre
hud suddenly, and without any assign
ble reason, changed ils mind, und aime
before thu ink had dried on tho four:
section, made that n felony in tho sixt
punishable with a line of 8."),OOO aod ti
years' imprisonment, which, in ll
fourth, was declared a mere tuisdemea
or-punishable with S500 hue uud o
year's imprisonment.
Again, another rule of constructs
was, that iu penal statutes they must
construed strictly, and not stretched I
iutondmciit against Ihe rights of tho ci
zen.
Mr. Stanberry asked the counsel I
the Government, if they proposed
make a point of tho fact, that iu t
fourth section the word conspiracy (I
not occur-combination anil cou f ede
lion being used-while in the siyth t
phraseology was somewhat different
the winds hand amt conspiracy appei
l?g?
Mr. Corbin declined to answer, a
Mr. Stauberry read from Webster's D
tionary tho definition of conspiracy, n
of combination, und ooufedeiatii
showing that as ti>ed in thc Act, IL
were synonymous terms.
As for tho Act. of April 20, 1S71, uni
which thu eleventh count was luid, ?
Stanberry maintained thal, us it was i
milled that the agreement of oonspin;
was entered into, und the overt act co
milted on thu 22.1 of March, tweu
eight days before the passage of tho A
tho prisoners in tho pres?ntense coi
not be ti ied under it-conspiracy i
hoing it continuing o deuce.
At the cloke of ?\|r, Stiinherry's urj
ment, Mr. Corbin asked to be allow
till Monday lo prepare his reply, s
the court adjourned till ll o'clock,
that day.
-? . .- -
AN INNOCENT MAX IMPEISONED SEA
YE.?its.-Igual/ Rtitzky has been rob
ed from the penitentiary at Albany al
seven yeats i inprison rnent. He <
found guilty of tho murder of Si|
mund Fell uer, committed in lBt?l, i
sentenced to he hanged, trev. Pen
commuted thu senleuco to imprisonm
for soveh yo; is und two mouths, t
thi? term hus been reduced by the us
allowances t or good conduct, and Rat;
is now discharged in the regular con
of proceedings, The belief that ho
entirely innocent of the mordor 1:
meantime, bien well established, und
goes forth into tho world without
stigma of crime upon him.
Bulwer says Unit poverty is only
iden. If >*o, it must he the ?nu
talked-of "prevalent" ideu.
Tun RESTORATION or PARIS.-The ESU-1
nicipal authorities of the French metro-1
polis aro most energetic iu their efforts
to restore Paris in some measure to its
former splendor. Au urtny of 25,000
masons is at work u oder tho direction of
competent architects, and tho hope may
bo now eu ter tui oed that the unrivaled
city on the Seine will rise Uko a Phoenix
from its aahes at a uot too distant period.
Recent files of Paris papers, giving many
details on tho subject, estimute the time
when the work of restoration will be
lluibhod ut about three years, although
many of tho magnificent ed i (lees de?
stroyed by the vandals ol tho Gommaoe
present already quite a rcspeotablo ap?
pearance, which reminds tho beholder,
iu some measure, of tho days cf their
glory. Muuy of tho old works of art,
that wero deemed lost forever, bavo since
boon found intact under thcoicdors, and
it is a good proof of the solidity of the
building materials used, that a great
many of the old and blackened walle
have beeu found still solid nod fit foi
use. If Paris had been built liko Ghi
Odgo, not a stone would have been lofl
standing, and the loss of lifo would buv<
been fearful. As it was, tho solid walli
kept tho (ire flood iu proper bounds, ant
thus prevented a disaster iu compuriaoi
to which the burning of Chicago wonk
havo beeu a mere bonfire.
Tho two most magnificent edifices tba
were destroyed by the insurgents-tin
Hotel do Ville und tho Tnilleries-are it
a fair way of restoration. It had a
first beou the intention to rebuild ooh
the most ancient part of the former
wifhout the magnificent wings added b;
Louis Philippe, but this plan was aban
doned, and it is to be restored us it wa
previous to tbe insurrection. All of th
pieces of tho main reliefs that 'adornei
this magnificent structure have fortu
nately been fouud. und will bo com
plotely restored. The bronze statue
were also discovered uninjured ninon
tho cinders, so that we muy soon seo tb
old city building iu ita former shape
The Tailleries, however, aro to bo muc
reduced in size, us it would provo to
expensive to restore the buildiug to il
original stutc. Nevertheless, thu nc
structure will bo very fine, and tho pla
is said to bo tasteful and elegant. Bi
au irreparable loss to Paris is tho fearfi
devastation iu tho garden of the Tuilli
ries. During thu siege, it was used t
au artillery camp, and tho bad usage
received us such was mournfully mail
tuined by thc Communists, who toe
only pleasure in ruining it altogether.
The Vendome pillar is undergoing
completo prooess of reconstruction. I
completion ia, horever, prevented by
singular fact. All the pieces have be?
found except those robots that represen
ed the victories of Napoleon over Pru
sia in 1800. Theso are knowu t> bei
the hands of foreign parties, who tn
exorbitant prices for tho samo. Tl
name can bo said of the Arch of Ti
HUI ph. Only Ibo sculptures of tb
spleudid archway have been much i
jured by missiles, and M. Etex, thc
original milker, is at present engaged
restoring them. The Louvre, thepuluc
of thc Ministries, the splendid palace
tho Legion of licuor, and tho Aven
de l'Imp?ratrice have been almost coi
pletely restored, but thc other pub!
buildings aro still being demolished,
good sign for Paris in in the fact thal
great many of tho private buildings d
vastuled by the fire were still fouud
have solid walls, so that only intern
restoration has beeu fouud uecessat
which will millerin I ly hasten the re bud
ing of tho city.
DEPARTMENT REPORTS.-Tho rcpoi
of the several departments were subm
ted to Congress, willi tho Presiden
message, on Monday last.
Mr. Bontwell's report, as Secretary
tho Treasury, covers the usual grouui
aud discusses ut length tho various m
tera which come within his proviui
Tho customs revenue waa, tho rcpt
8113*8, greatly in excoss of the estim?t
while there was a diminished cost
collection over last year. The total <
ponditures for the year were ?292,17
188 23, whilo tho receipts from
sources for the sumo period were $33
323;944.89. Thc Secretary still sticks
his pot scheme of paying off the natioi
debt immediately. He snvs that
should pay off at least S?O.OOO.?O?
year of thu principal of the debt. 1
Secretary recommends tho reduction
the duties on certain articles, especia
salt, raw hides and coal. The Secreti
strongly recommends thc ubolishni
of tho shares in moieties received
curtain officers, such, for instance,
the collector of Now York. Mr. Bo
well gives his version of tho putting
thc national loan upon tho market, o
his explanation of the decay of Amerii
commerce.
Tho Comptroller of tho Currency
ports to Mr. Boutwell that 145 natio
banks have been organized under
provisious of the Act of July 12, 18
providing for tho issue of 354,000.'
additional baok circulation, a little m
than a third of which sum has b<
issued to them. Mr. Hurlburd culls
attention of Congress to the high rat*
taxation i e posed upon banks iu
various States us u proper subject for
medial legislation.
Tho Post mas? er-Generai's report
full of departmental statistics and
commendations of proposed refor
Amongst his propositions aro thom
au additional mail to Brazil, the \
ment of subsidies to steamship Iii
and tho adoption of tho goveruinei
postal, telegraph and savings bank I
toms.
Tho report of tho Secretary of tho
terior deals ut sumo length with Incl
relations, Mr. Delano finally rec
mending that all tho ltd skius in
country be coin etea into one mon;
reservation in the Indian Territory,
report also discusses at some length
railroads aud tho grants which they li
received from Congress. Tho peni
business is also adverted to; us is
work of the patent office, and the ne
sity for a simplification of tho homesi
aud pre-emption laws.
CitrtsiNii po? NAPOLEON.-A Paris
per says tho French Government has
dcrcd vessels to bc fitted out to cr
along thu coast, and prevent tho lam
of Louis Napoleon. Tho Republic rt
bo ou its last legs, if thu presence of
deposed Emperor would bu duugei
to its existence.
A FATAL MISTAKE.-Mr. John J
gm, residing and doing business on
corner of Broughton streut laue
Whitaker street, Savannah, Ga., fii
carno to his death, yesterday afterni
from tho effects of a doBu of carl
acid, taken by mistake.
An enterprising Texun knocked il
a mau, was arrested, got bail, shot
lawyers and left town, all in fifty
minutes.
PHONIXIANA.-The price of single
copi?e of tho PHOENIX is ti ve cents.
The PUOSMIX office ia supplied with all
neoossary material foi as handsome oardf,
billheads,postera,pamphlets, hand-bills,
circulars, and other printing that maybe
desired, as any office in tho Booth. Give
us n call and test our work.
The thermometer ranged us follows ut
the Pollock Hou?o yesterday: 9 A. M.,
57; 2 P. M., SC; 9 P. M., 47.
The "Carolina Dramatic Club" has
been organized, and Mr. George Irwin
elected President.
Dan Rice, with bis celebrated Paris
pavilion oirons, will shortly appear in
this city. Dan's reputation is world?
wide, and his circus troupe considered
the best that travels.
* Dexter's time has been beaten in Co?
lombia-but not by a horse. A thin
frieud was making tracks homeward on
Friduy night, when he was hailed by two
j suspicious looking individuals. Not
liking tho appearance of thc (milers, hu
increased his movement? somewhat
The call was repented, and nu attention,
being paid to it, thu callers commenced
moving rapidly forward, when our be?
lated friend got up steam, and bolted for
tho Nichersou House (punning his owu
gato in tho excitement uf the moment.)
Having obtained possession of a piece
of artillery, he retraced his steps, but
his would-be acquaintances had disap?
peared. Moral-Carry o good club, or
some other weapon of defence.
. Wo have received tho December Folio,
which maintains its position OB the leud
iug musical periodical. The illustration
thia month is of Camilla Urso, the cele?
brated Indy violinist. The music is espe?
cially appropriate for tho season, six of
its nine pages comprising beautiful
Christmas carols; and the instrumental
piece isa charming composition, entitled
i "Say to him Waltz." The reading rant
j ter is up to its high stundurd, and it will
j commence its uaw volume with additional
j attractions, under the editorship of Mr.
! George Lowell Austin. Published by
I White, Smith Sc Perry, Boston, ut Si a
year.
The Templeton troupe closed a very
successful engagement, lost night. They
have performed to good bonnes, and
have given general satisfaction-which
is saying a great deal. They open the
j new opera house in Etifuulu, Alu., on
j Monday night next,
i
; LOOK OCT FOR THE ORPHANS.-Tho
! thirty little Confederate orphans, who
i aro to give their concert in Irwin's Hall,
j Monday night, will reach our city on tho
j truiu from Winnsboro, to-morrow, at 2
i o'clock. They will move in procession
? to tho Columbia Hotel, where the kind
j ladies, who ure to entertain them during
I their stuy, will receive them, and take
; them lo their homes.
i MAIL AnnANOEMEKTS.-The Northern
mail opens at 3.00 P. M.; closes 7.15
! A. M. Charleston duy muil opens LOU
JP. M.; closes COO A. M. Charleston
: night mail opens G.30 A. M.; closes COU
I P. M. Greenville mail opens G.45 P.
?M.; closes GOO A. M. Western muil .
? opens 9.00 A. M. ; closes 1.30 P. M. On
? Sunday office open from 3 to 4 P. M.
RELIGIOUS SERVICES THIS DAY.-Tri
I nity Church-Rev. P. J. Shatul, D. D.,
I Rector, ll A. M. and 4 P. M.
j St. Peter's Church-Rev. Francis R.
I Jacquemet, 1st MaVs, 7 A. M.; 2d Mass,
i 10^.;. Afternoon Service 4 P. M.
Lutheran Church-Rev. S. H. Win
' gard, 10j? A. M.
Presbyterian Church-Rev. Jos. R.
! Wilaou, 10\? A. M. and 7 P. M.
! Marion Street Church-Rev. W. W.
Mood. 10I.? A. M. Rev. W. T. Capers,
7 P. M.
Washington Street Church-Rev.
j Bishop Paiue, D.D., 10 j .j A. M. After
! noon service, 3>? P. M.
Baptist Church-Rev. J. L. Reynolds,
I lOl.j A. M.
j A PHEASANT SHAVE. - As a general
i rule, tho shaving process is not a plea
! sau^ one. As curried ou, however, in
Reese Sc Carroll's saloon, it is a delight?
ful operation. We can commend this
establishment.
THE COLUMMA HOTEL -We hu ve ren?
ison to declare that the Columbia Hotel
folly keeps np its reputatiou. The apart?
ments ure well furnished, the fare is ev
? collent. ?md the attendance prompt and
1 polite. We ure satisfied that Mr. Gor
' mun knows as well how "to keep a
! hotel" as any ono we have lately mot.
! Ho is a working man who doscivjs all
{ thc success ho wins.
j OFFICIAL IIAKFLK NUMUKUS Charleston Char.,
table AeSociatlou. fur beuellt Kree School fund]
RAFFLE CLASS No. 2:13.- Morning, December 0.
r>0 3?L3t5-l-63-Sl 17-23-10-7-5-60
Wi tn.-ss my h ami at Charleston, thifc ft:h day
of December. 1871. FENN PECK,
; Deo io 3 rom Con missioner.
LIST OF New ADVERTISEMENTS
D. C. Peixotto Sc Son-Auction Sides.
D. C. Peixotto Sc Son-Huv.
W. C. Bee *v Co.-Fertilisers.
J. D. Aiken-Soluble Guanos.
Gov. Scott-Proclamation.
Jticul) Levin-Auction Sale. 4P
John S. Green-Referee's Stile.
W. Y. Leitch & R. S. Brnos-Salo.
G. W. Davis-Brick for Stile.
U. E. Thomas Sc Co.-Wood.
John S. Green - Notice to Creditors.
Revenue Stamps! Revenue Stamps!
ALL DENOMINATIONS for salo at tho
usual discount, at tho SOUTH CARO?
LI N A BAN K AN D TRUST CO. Dee 7
Teas.
GUNPOWDER and English Breakfast
TEAS-the best imported-tor salo bv
Dee 7 E. HOPE.
Just Received,
t*\ A CAR-LOAD or FINEM^__
J?gJ\HOR8E8 ?nd MULES. Call*??
f \ }\ at Logan's Stable? ami ex&-<|>JQa>
minn them. J. M. TALBuIT.
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