Newspaper Page Text
CO^?MBLlv S. C.
I Bun day ?orniiig. Beoember 17.1871.
TH? Act to *?roTld? for m 81ukt>K Pond,
f| ?nd tb? M?ni?gflin??t or th? Same,
Recites that for the parp?se of paying
. tho present indebtedness of tbe State
and the interest thereon, and snob fur
ther indebtedness as may be contracted
by the State, the Governor, the Comp
troUer?Gessraland the Attorney-Genera!
of the State, the Chairman of the Fi?
nance Committee of the Senate, and the
Chairman of the Committee of Ways
and Means of the House of Repr?senta?
tives, are hereby constituted Commis?
sioners, to be known and designated as
"tbo Commissioners of the Sinking
Fand," to receive and manage the in?
comes and revenues hereafter set apart
and applied to the sinking fund of the
~ .Section 2 says; "It shall be the duty
of said Commissioners to Bell and con?
vey, for and ' on behalf of the State, all
such real or personal property, assets
and effects belonging to the State, as is
not in actual public use; said sales to be
made from time to time, in snob manner
and upon such terms as they may deem
most advantageous to the State. The
proceeds of all such sales shall be set
saide and awarded to the sinking fund ol
the State. This Act shall not be con?
strued to authorize the sale by the Com?
missioners of any property held in trnsl
for a specific purpose by tho State, oi
the property of the State in the phos
phate rocks or phosphatio deposits in th?
beds of the navigable streams and wa ten
of the State."
Section 3 provides that "the Commis
stoners shall ann nally report to the Gen
eral Assembly the condition of tin
sinking "and, and all sales or otho:
tren sry. lion B connected therewith; ant
aft the revenues derived from such isalei
?hail be applied ts the. extingaish!*er>
of the public debt, by. investing tin
; same in the public securities pf tb
' We presumo that the Legislature wil
ball for a full report of the operations o
the Board. Wei hold that it is duo t
tho publia that this be done. Larg
powers were given to this Board. Le
ce seo how in detail their functions hav
been discharged. The Board consist c
Governor Scott, Comptroller Neaglc
Attorney-G onoral Chamberlain.
Tbs City Council Blatter.1
The case of Robert C. Shiver an
others against the oity of Columbii
, Neagle, Allon and others, was resume
on yesterday, before Judge Melton, i
Chambers. James IX Trade well, Bsq
the City Attorney, expressed his desii
to argue the case upon ita merits, J.I
Pope, Esq., of assistant oou?e?l, toe
ground upon the legal technicalities ii
volved, and argued that the Attorney
General of the State, should have bec
united in the prosecution. C. D. Me
ton, Esq., representing Messrs. Nuag
and Allen, took the-ground, that ina
much as the interests of his clients woo
be affected by the stoppage of the Ci1
Hall work, he would deem it his duty
stand upon the technicalities of the oas
F. W. Moi'aster, Esq., of the proseo
tibe, stated,that, if necessary, the plea
inga could readily be amended so as
supply tho omissidn o? the Attorue
General's name. It had not been deem?
essential, as the point was really at tl
discretion of the Judge, and the anth
rities, pro and con., as to the necessity
joining, the Attorney-General in ii
pleadings, were about equally divide
Finally, other teohnioal points havii
been made by the defendants, it was d
termined to suspend the case until tl
pleadings could be amended.
Thus wo have another iustunce of tl
law's delays. The plaintiffs are anxio
to go into the merits of the case.
Tile Moating of Tax-Payers.
The pnblio meeting, on yesterday, w
attended by a body of the tax-payers
the city which well represented the v
tue, the intelligence and the substan
of the city. We have never attended,
Columbia, a more earnest meeting. T
proceedings will be found elsewbei
The matters that had led to the meeti
were thoroughly discussed. The acct
era and the accused were represente
The result was the unanimous adopti
of the paper presented by Mr. E.
Scott. The meeting deserves the ct
sideration of the L?gislature.
We believe that prompt measures w
Kimptou are important. Does i
Kimpton need very badly tho mot
that the Sooth Carolina Railroad Cc
pany is to pay for the Greenville e
Columbia Railroad? Stop that pay me
and where will the ohernbio Kirup
be? It was Kimpton who famished
8240,000 wherewith the ring bought
the Greenville and Columbia Railro
or rather a controlling interest.
Beautiful is the present state of thin
No money at either end of the Sh
and the State bonds and oredit in
bands of Shylocks, Time sets all thi
The Legislative Committee of
Houso report the illegal over-issn?
State bonds to the amonnt of 86,314,(
No "Democratio" charge, this. I
Radicals, who condemn Radical offlol
Scott, Parker, Kimpton and Chamber
are the men. Pursue the ring! Rel
the personnel: Parker, the active at
in Colombia; Kimptou, the ouufede
in New York; Scott, the willing ally
the easy tool; Chamberlain, the polis
legal help and sneak.
Young ladies discover that Alexis i
attractive bat not sn engaging man.
Public Meeting. ~~
COLUMBIA, December 16, 1871.
IQ purauanoe of a resolution of the
Columbia Board of Trade, a meeting of
the citizens of Columbia opposed to the,
issue of $800,000 city bonds, waa held
thia day, at Carolina Hall. Dr; John
Fisher was called to thb Chair, abd W.
C. . B waffleld- roqueele?-rAo aot aa Seore
Edwin J. Scott, Esq., stated the object
of the meeting, and also offered the fol
\ lowing protest against the issue of city
bonds and the action of the City Coun?
cil in reference to the City Hall and new
I Whereas a bill is before the Legisla
1 tare, authorizing the City Council of Co?
lumbia tb issue $800,000 in eight per
Be it Resolved, That the following pro?
test against the passage pf said bill be
signed by the Chairman and Secretary
i of thia meeting, and placed in the hands
of the Senator and one of the Repr?sen?
tatives of thiB County, for presentation
to the Legislature.
The issue of these bonds is unnecessa?
ry for any legitimate parp?se. So far
aa they ere proposed to be used in retir?
ing the present issue of about $325,100,
nothing can be gained by exchanging
eight per cents, for those bearing six or
seven; or by selling the former and bay?
ing ap the latter. . The holders of the
last named would not be bound to ex
ohange; and tho former, owing to their
increased amount, and other circum?
stances, would probably not sell for more
than the present price of the others.
The oredit of corporations, like that
of individuals, depends npon their repu?
tation for honesty and prudence, and
upon their ability to pay and promptness
in meeting engagements. A man may
be perfectly responsible1 for a certain
sam, but not good for twice the amount.
And while our city government has not
been very punotnal in meeting their in?
terest, when it was some $20,000 per an
nnm, capitalists may well doubt their
ability to pay $64,000.
The secret issue of $250,000 in new
bonds, if legalized, will certainly reduce
the value of all their bonds on the mar?
ket, as it would encourage tbem to re?
peat the operation, perhaps to u greater
extent. Ic must be recollected that Dr.
Neagle, in making his loan of $75,000
to tho city, took them as collaterals at
thirty cents on, the dollar, showing hie
estimate of their Value.
The experience of the State proves
the great difficulties of providing suffi?
cient safeguards against the improper
UBe of public bonds and public funds.
If such conduct bo made punishable by
fine and imprisonment, the offenders,
having the money, eau generally find
meauB to evade the law and escape pu?
nishment. Let these bonds once be is?
sued, and tbs city will oertainly have to
redeem them, or repudiate the debt for
want of meaos. Their issue will most
assuredly lead to extravagance and cor?
ruption. Give the present Council the
control of thiB amount, and in all proba?
bility it will be wasted, or worse, in less
than two years. To justify this appre?
hension, we must advert to facts that are
beyond dispute. This Council agreed
to pay $138,000 for the building of a
City Hall, at the instance of their chair?
man of tba Committee on Finance, who
said, not more than a week before, that
its cost woald not exoeed $75,000; and
when, further, two oompetent and disin?
terested builders have certified that the
proper and reasonable contract price,
according to the plans and sp?cifications,
We ask the Legislature, in all serious?
ness, to save us from the Bame infliction
with which the Slate is uow cursed. No
city in the Union suffered more by the
war than Columbia, and none has la?
bored more diligently and manfully to
retrieve its losses. All good, public
spirited citizens are trying to induce
capitalists from other sections to assist
in rebuilding our waste places and re?
storing, to sonia extent, onr prosperity.
Bat, as if to prevent this, the City
OouDoil, without a shadow of right or
authority, issues bonds, binding our
property and interests, for public works
that are uncalled-for, and aro projected
in fraud and extravagance. Under their
charter, their duties ure few and simple;
but if they caa be perverted to the
building of stores, offices and opera
houses, to rent, why not to buying
goods, or doing mechanical work for Bale?
And thus the tuxes paid by our peoplo
may be used to ruin their business, for,
with $800,000 in bonds, their competi?
tion would be irresistible. And if they
may do so, every incorporated city, town
and village can follow the preoedeut.
But, however this may be, we are in no
condition to incur indebtedness or taxa?
tion. With $64,000 interest, in addition
to the proper and ordinary expenses of
the oily, the oost of living and doing
business here, will pat us at a disadvau
tago with other towns and cities. The
merchants, meohauics and landlords
must charge more for goods, labor and
rents, wbioh will fall on their oustomers.
All classes-rich and poor, white aud
colored'-must pay higher prices for
what thoy buy ; while none will be pro?
fited but the members of the Council
and their favorites. Under the pressure
of this calamity, city property must de?
cline iu value ut the very time wheu it
pays a dearer rate of taxation. No
heavier or moro fatal blow could - be
dealt lu our future prosperity. We will
cheerfully pay any rate of taxation that !
may bu necessary to carry on the State
and city governments. All we ask is
that the money thus raised be used for
no other purpose.
For the foregoing reasons, wu solemnly
protest against the passage of the bill
above mimed, and pray the Legislature
to proteot us from so gross an outrage
on our rights and interests.
After the reading of the resolution and
protest. Col. J. P. Thomas Hinted that
be had been requested tu second them,
and that he had consented to discharge
that duty because of his familiarity with
the facts of the caso. He disclaimed for
himself and for those with whom ho
was acting, any feeling of hostility
against the City Council of Columbia,
because of the politics of its members;
he desired to hnve tho charges of official
misconduct agaiust the Council carefully
investigated with reference solely to the
merits of the case. He dwelt briefly on
the improper conduct of the Connell iu
the matter of the Water Works, and de?
clared that to be tho first step in the
wrong direction taken by that body.
He then exposed fully the nature of the
"ring" enguged in building the market
Bhowing how tbe contract had been
awarded to two of tho Aldermen, while
different members of the Council were
reaping tbe benefits of sub ooutruuts,
auch os the ranking of bricks, hauling of
material, etc-while it was believed,
with good reason, that the very lcoatiou
of the now market had been selected
with reference to the advantage whioh
would be derived therefrom by two o?
Gol. T. then showed that the City
Hall waa to bo ereotedat a cost of 8188,
000, when the Chairman of the Commit?
tee of Ways and Mean?, o? th? Q?unoil,
had assured several citizens, before the
contract waa awarded to State Senator J.
M. Allen, that the ooet would not exceed
$80,000; that the architect bad made
similar statements, and that, more than
all, Mesara. Troy and Fry, experienced
mechanics and responsible citizens, had
j examined the plana for the building and
! stated, ander oath, that the coat of oreo
I tion should not exceed, inolnding tbe
< compensation of the contractors, 878,000,
I and that they would undertake the work
for that eum, giving good security for ita
The speaker then exposed the Beeret
manner in which the Council had order?
ed tbe issuiog of bonds to the amount
I of $260,000, which had been pledged to
I Dr. Neaglo to obtain an advance of
$75,000; and thia, too, on r ninon a terms,
j when Hardy Solomon, Esq., President of
one of the banka in this city, had offered
I to secure the amount on reasonable
terms. Not only had this issuing of
bonds been done in secret, bot the City
Clerk had been instructed to suppress
all allusion to the fact in tbe official copy
of the proceedings published in the
Gol. T. next explained the'scheme by
which the Legislature was asked to give
tho Gouuoil authority to issue $800,000
I worth of eight per cent. ; iuds, and
' showed that the interest of these bonds
would exceed, by about $15,000, tho
annual income of the oity.
Col. Thomas olosed with an eloquent
appeal to the tax-payers of Colombia, to
unite and bring thia corrupt City Coun?
cil before the courts; and that while he
could not advocate the H?ge and
Worthington policy of hanging public
plunderers to the lamp-posts, he hoped
that no lawful means would be left un?
tried to arrest the career of fraud and
?swindling which the Council was pursu?
Col. Thomas' speech was a powerful
one, and elicited the frequent and hearty
applause of the intelligent audience that
listened to it with deep attention.
James D. Trade well, Esq., spoke at
some length, defending tbe City Oounoil
from the charge made of beiug in the
Mr. John C. Soegers, in reply, stated
that the contractors who, at the request
of the Board of Trade, bad estimated
the cost of building the City Hall, re?
ported that the work could be doue at a
cost of $78,000; and that they were
willing to undertake it for that price,
and he would go their security.
The resolution and protest were
Ko Piercy to (lae Thieve?.
Oar cotomporary of the Camden Jour?
nal unites with ns in the call for action
against the faithless criminal State of?
ficials, who have BO ruined our finances
and wounded our prosperity. Under
the head of "No Mercy to the Thieves,"
the Journal Bays:
"Every lover of bis native State owes
it both to her and himself at thia time to
aid in bringing to merited punishment
the thieves who have plundered na for
the last three years. Every faot known
to any ooo, whioh is likely to be of as?
sistance in this great work, should be
made public. Every dark, under-hand?
ed, mean and dirty triok should be ex?
posed. No mercy should bo shown to
"The cane stands thus: About three
and a half years ago, the Republican
party came Into power in this State.
They found a dent, all told, floating and
funded, of less than $6,000,000. In
three years, that debt has been tripled,
noarly quadrupled, by tho thieves. Oov.
Scott ha9 made, during that period, six
difierent statements of the debt, and un?
blushingly and knowingly falsified every
one of thom.
"The taxes of the State have boen
quadrupled during thu three years, and
poor people, as we all, white and color?
ed, are, wo eannot, do what wo will, pay
them and prosper. It is impossible.
"Tho number of salaried offices bas
been quadrupled, and in addition to
paying for an extravagant and expensive
State Government, we are also com?
pelled to sustain an equally extravagant
and expensive, proportionately. County
"Evory prominent official in tho State,
connected with the financial operations
of the government, is Bleeped in the
frauds that have been perpetrated. The
gravest charges against them have been
met by silence. Very feeble attempts
have boen made to throw tho burden of
guilt upon the hirelings ready to do the
bidding of their masters, and the most
outrageous frauds havo become BO com?
mon that the people havo almost censed
to bo interested in their recital. Now,
however, since tho entering wedge has
bean driven into this masn of corruption,
and tho beginning of the horrors that
underlie it has been reached, we should
continue to press the matter uni il we
probe it to the bottom, split it wide
open, und let in light upon the very end
"Tho time for action, continued and
judicious aolion, has urrived. Let us
TUB TnuE NOBILITY OF EABTH.-Tho
L?gislature of Alabama agreed to pay
three lawyers, employed in tho Stantou
railroad Biiit at Knoxville, $20,000. One
of these, Gen. James H. danton, was
killed and left his family poor. The
other two. Messrs. Stone und Clopton,
trnusferred their interest in tho fee of
$'20,000 to Gen. danton's widow. A
deed like this, of two lawyers, neither
rich, redeems an age aud country. Sel?
fishness and love of money blacken every
page of current history.
I Memphis Appeal.
Many persons are inquiring who will
bethe heir to the British crown, iu case
of the Prinoe of Wales' death. The
next heir is (ho Prince's eldest sou,
Albert Victor Christian Edward, born
January 8, 1864, who would become
Prince of Wales, and, on bis grand?
mother's demise, would succeed to the
2?An eagle was recently seen to carry off
a young pig, near Bridgetoo, N. J., and
WUB shot. It measured over seven feet,
and thu pig, which it raised to a con?
siderable distance from the earth,
weighed seventy-five pounds.
A Kentucky girl says wbeu abo dies
she desire? to have tobacco planted over
her grave, that tho weed nourished by
ber dust may bo chewed by her bereaved
Gen. Grant is a philosopher; be takes
things a? they come, takes them easy,
and takes a good many of them.
SATURDAY, Daoncsn 16, 1871.
The Senate met at 12 M., President
Ransier in the chair.
A number of bills and joist resolu?
tions were rooeired from the House,
read and referred.
Mr. Whittemore introduced a bill to
require County Commissioners to gire
bond and anffioient surety to the County
for the faithful discharge of their dotiea
aa County Commissioners.
Mr. Nash-To empower fathers to
legitimise oertaiu obildren bj their last
will and testament.
A number cf committees reported,
which were read and laid over.
The following billa and joint resolu?
tions were passed: To renew tho charter
of the Palmetto Pire Company, of Co?
lombia; to provide for the sale of the
statutes or the Stato and of the deci?
sions of the Supreme Court, published
by authority; resolution of Mr. Whitte
more, from the Honse, to provide for
the sale of the statutes ot the State and
decisions of Sopreme Court, published
by authority; to provide for the destruc?
tion of the bonds known aa the sterling
loan bonds. Joint resolution to place cer?
tain bonds and Btooks now in the hands
of the Treasurer in the custody of the
Secretary of State, waa laid on the table.
At half-past 1 o'olook, the Senate ad?
journed" until Monday next, at 12 M.
HOUSE OP REPRESENTATIVES.
The House met at 12 M., Speaker
Moses in the Chair.
The Speaker presented to the House s
memorial from the Board of Trade ol
the city of Charleston, proteating against
the passage of the metropolitan poliot
Sundry billa from the Senate wete re
oeived, read and referred.
Mr. Wilkes, Chairman of the Judi
oiary Committee, submitted favorabh
reports on the following bills: To permi
Samuel N. Anderson to adopt Samue
Lawson and make him bia lawful heir
to chungo tho uames of Lota Engenii
Maddox and Ida Matilda Maddox, o
Anderson County, to Lu ta Eugeuii
Smith aud Ida Matilda Smith, and b
confer on them the rights of legitimacy
to further provide for the admiuistratioi
of derelict estates; to amend tho seconi
o?anse of eighteenth ueotiou of the Cod
of Procedure. Unfavorable reports ol
tho following: Bills to amend au Act ii
relation to trial justices; to repeal ai
Aot to authorize the Governor to leav
the State under oertaiu circumstances; t
confer upou trial justices certain civ
jurisdiction; to extend the oivil jurisdu
tion of trial justices to oases of tn spat
upon real estate; to extend the civ
jurisdiction of trial justices to cases b<
tween landlord and tenant; joint resoli:
tion requiring Land Commissioner t
make Ins annual report by Thursda
next; which were ordered to a seoou
Mr. Corwin-Bill to regulate tho ext
oution of the death sontenoe.
Mr. Frost-Bill to provide for ll
granting of divorces from the bands <
Mr. Bowoo-Resolution to require tl
Committee on State House and Groum
to investigate and report to this Hom
by what authority a largo quantity i
marble, granite and other material i
the oapitol grounds, belonging to tl
State, has been and is still being oarric
Mr. Frost-Btll to authorize the Clorl
of the House and Senate to issue pi
certificates to tbe members of tho Gen
ral Assembly and the attach?es of bo
The following bills and concurrent r
solution were passed: A concurrent i
solution, requesting the Congress of t!
United States to remove tlie politic
disabilities of H. W. Carter and A.
Stringer; bills to amend an Aot ontitl
"An Act to define the jurisdiction ui
duties of County Commissioners;"
prohibit convicta in the State Penile
tiary from discharging labor on prive
Tho following were postponed: Bi
to punish abduction and seduction, afl
promise of marriage; in relation to se
ing or giving spirituous liquors to hal
tual drunkards, and to other perseus.
Mr. Haygood-Bill to regulate t
granting of divorces.
Mr. 8. B. Thompsou-Bills io iuoori
rate the Carolina Oil Company; to i
corporate tbe Broad River Bridge Co
Mr. White-Bill to grant, renew a
amend the charter of tho town of Rc
Mr. C. D. Hoyne introduoed a bill
amend an Act eutitled "An Act to
now and umend the charters of oerti
towns and villages."
Mr. Keith-Bill to define and prov
for estrays and in relation to fences.
The enactiog clauses of an Aot ontit
"An Aot to prescribe the duties of Coi
ty Commissioners; to incorporate Mot
Carmel Church, Lancaster County;
quiring the State Treasurer to dept
all funds belonging to the State iu
vaults of the State Treasury, and to ]
nil proper claims against the State nt
Treasury," wore stricken out.
At 2}.? P. M., adjourned to Monda;
THE UNITED STATES CIRCUIT Coun
TBIAL OF KU KLUX CASES.-SATUBE
December IC-The oourt convened
ll A. M., Hou. Hugh L. Bond and H
George S. Bryan presiding.
Ti ml of Robert Huyes Mitel
charged with conspiracy against Ja?
Williams, mim Jim Raiuey, the ne
captain of militia, who was hung by
Ku Klux in York, on Monday night,
7th of March last.
I. D. Witherspoon, Esq., auuouu
that Robortsou Miller, one of the
fondants iu the indictment against L
son Armstrong, et ai, charged with <
Bpiraoy against Andrew Sturgis,
never buen arrested; but waa prcsoc
oourt und desired to enter into reco
zanco to appear and stand his trial,
recognizance wus taken, und Joseph
1er us surety.
Thu argument before tho jury iu
case of Hubert Hayes Mitchell was t
Mr. Chamberlain opened for the
sedition, Haying in substance as foll?
MAY IT PI?BASE THU COUBT AND C
lLtMi.N ov TUB J t;uY : You are DOW al
close of a long and tedious trial,
issue between tho Government of
Uuited States sud thu prisoner at
bar is about to bo delivered to you.
result is most important, not only to
community and State, but wutcbed
anxiety by the outire country. Nut
your interests and security as oitizen
involved, but broader interests, the r
of Auierio;iu oitizens to exorcise t
privileges us freemon, is to be di
mined. I do not feel that in ari
npon you the claims of the Goveronj
with all the earnestness I possess, tl
am pressing in this case the oonvic
of one whoso defeooe has not been en?
trusted to careful hands. Not only will
all be said by the distinguished oooosel
thatoan be urged in prisoner's behalf,
bat their views will be presented with all
the learning and eloquence of whioh the
United States bar can boast. I shall
not, then, exceed tho measure of my
duty if I present, in all their enormity,
the circumstances that point unerringly
to the prisoner's guilt I am not aware
that there is any controversy between us
as to , the definition of a conspiracy, or
of the proofj necessary to sustain a
oharge of it. Let aa eeo now, first, noon
what offen oe the prisoner a tanda indicted.
The first count chargea bim with hav?
ing conspired, with others, in violation
of the first aeotion of the Act of 1870,
to binder and prevent divers male citi?
zens of African descent, over the age of
twenty-one years, and legally qualified
to vote, from the free exercise of the
right aod privilege of voting, io an elec?
tion to be bold on the third Wednesday
in October, 1872.
The second oonnt-that he. conspired
with others to injure sod oppress James
Williame, alias Jim Hamey, because bo
had exercised the privilege of votiog, and
because be had supported A. S. Wallace,
a legally q lalified candidate for the Con?
gress of the United 8tates, nt an election
held on the third Wednesday of Octo?
Tho first coout charges a general con?
spiracy, uutered into by Robert Hayes
Mitchell and others, to hinder and pre
vent, by threats, intimidation and vio
lenco, divers male citizens of the Uuitec
ata tes, of African descent, from the fro?
exercise of the right of voting, in at
election to be held on the ..hird Wed nea
day of October, 1872
We will first tell what a conspiracy is
It is a combination or agreement of tw<
or more, by concerted means, to do ai
unlawful act. They may never oommi
an overt aot, but the crime ia complet
when the agreement is made or the com
biuatiou entered into. All that is ne
cessary to be piovvd in this case is, tba
Robert Hayes Mitchell conspired, wit!
others, to commit the offence with whiol
heiscburged. I beg that you will carr;
along in your mind this definition, am
remember that uo overt act need b
proved, but that thu ugieemeot, th
breathiug together, us it were, to do th
unlawful sot, constituted the gist of th
offence. Another important considere
Lion to be borne iu mind, is that the ia'
regards all the members of a oonspirac
as ono mau. They think with one minc
speak with une voiue, aod strike wit
ouo arm; therefore, the law has said tin
the acts, words aud declarations of om
are the words, acts aud declarations <
all, in carrying out the object of the:
combination. What we may have prove
here, that any single individual did, SM
or declared, we huve equally proven* I
have buen the words, acts and deolan
tions of all , aud of Robert Hay?
Mitchell; and they bind bim us much i
if he hud uttered the declaration wit
his own voice, or engaged with his ow
hands iu the commission of the uc
There ure two ways of proving a cousp
racy. First, directly, by the writu
agreement originally entered into at tl
inoeption of the enterprise. Seoom
indirectly, by proof of the words, act
Seo , of the oouspirators in the effeotu
tion of their unlawful designs. Vi
enter hare upon both methods of proc
We have here before us the writb
agreement, and wo bave given you ft
and ample testimony us to the auts ai
declarations of the parties. The et
dence has been long and oircumstantii
aud we do yon the credit to think tb
you remember it sufficiently, and that
is uuuecessary to rehearse it, exce
when wo shall desire to call your atte
tion to speoial points in tho course
our argument. We will first show y
the written agreement, to the secrecy
which each member was bound by
most terrible oatb. What is the e
dence, now, that connects thia par
with the defendant, Robert Ha}
Mitchell? You will recollect that t
first witness, Lieutenant Qodfrey, tvt
fled that be found this agreement arno
the private papers of H. O. Brov
The second witness, Albertos Ho]
informs us now it got there. He tells
that he expressed a desire to soe t
ground-works, as be termed it, of I
?lu Klux organization, and that Mu
James winiam Avery gave him a pii|
io 1868, which he delivered to S.
Brown. He also testifies that this pa|
appears, by its general terms, tobe
same, and that it consisted of one wb
aud a half sheet of foolscap paper,
this doe.u.. Now, who was Samuel
Brown, iu refereuce to this conspira
Wo have it from Kirkland Gunn, t
S. G. Brown declared to him ho wc
member of the Ku Klux Klau; furtfc
that he gare him the signs and pt
words of the order; and further st
that iu a conversation with Wee
Smith, he heard Brown say tbut be '
chief of a klan, aud that he could '.
and whip mote niggers with his b
than all the balance of York Cont
But is this all the proof of Sam
Brown being n member of the organ
tiou? No. Elias Ramsay meets I
with the klan at Sharon Church, i
both he and Andrew Kirkpatrick tes
to bis presence at the Briar Patch,
night of the Jim Rainey raid.
This paper, then, is taken from amt
the privato papers of u proved mern
of the association, and there is all
proof sufficient to identify it. WI
now, is this paper? It purports ta
the const Un tion, by-laws and oath of
Ku Klux of South Carolina. By
evideuce, it comes from Major Av>
Who is this Major Avery? John C
well testifies that be was chief of all
klaus in the County of York. He
present lit his election. This, tl
oomes from the cbiof of York Cou
goes to Albertus Hope, then to S,
Browu, now to you. This, theo, is
ground-work of tho Ka Kiar orgas
tion. Yon stand now face to face \
their written agreement, the detail
their regulations, Seo. Let US See
be innocent, such that any high-mini
intelligent aud patriotic citizen m
subscribe, or whether it be not rathe
agreement that puts to the blush e
boasted claim of tho age to odvan
civilization, und doesn't seem to be
moid properly to that barbarous
when might wa? right and power r
uncontrolled the affaire of men. Y
are UH objects, aud bow does it pro
to effect them? Every member i
provide himself with a pistol, a Kn 1
gown, aud a signal instrument-tb:
the iirht feature; next, if any met
shall divulge ?ny of the soorets of
organization, his penalty shall be
traitor's doom-death! death I dt
An innocent agreement, where the n
bera aro armed with pistols, dingi
and bound by a horrid oath, the in
tion of which is death? What 0(
next? We oppose and reject-w
False principles of government? no
stitutional measures? bad mea of all
partie?? No i we nppwwi mu frjoct tho
principles of the Radical party. Here
the/ etauJ, armed, organized, disguised
and bound, nuder the penalty of death,
to oppose and punish the member? of m
different political party in tho State.
What next? No person of color shall
become a member of this organization.
The linea are being narrowed; the object
is not only political, bot aimed against
persona of a particular color. Here ie
the touoh-atoue of the whole conspiracy.
Armed, disguised and pledged by au
oath to acts aimed against the Radical
party, and excluding every person of
color. Thia is what they have written ;
but I need not tell you that conspirators
never commit to paper the whole scope
and intention of their combination, and,
therefore, we do not expect thi < paper to
disclose all their purposes ana ?plana.
Now to another kind of evidence, which
will determine, by the nota and declara
lions of the parties, what their purposes
were. You have seen what waa written,
now we shall see what, interpretation
was put opon it by the members. You
recollect Mr. Guuiharpe? He joined the
organization in 1808, ander the impres?
sion that its sole object waa protection
and security from alleged danger; not
that he apprehended harm himself, bul
because others appeared to. He found,
however, that its purposes were political,
and while they had not yet risen to thc
height of killing and whipping political
opponents, still their intention was toge
to the polls and crowd out thu Rspubli<
can party. Remember, this wai
in 1868; that Guntbarpe was <
member, and that snob, then, ww
! the purpose of the conspiracy,
That wan in its young days, before ii
had enclosed in its meshes the grea
mass of the white people of York Ooun
ty. Now, we turn to Guan's testimony
who was a member, and an intelligen
and observant man. He tells you tba
its object was political, aimed agains
the Radical party, and that its mod;
of operations was to kill tho whiti
Radicals and intimidate the colored, b;
whipping the prominent members of th
Union League; and let me say here, tba
this testimony is entirely unoontradioted
They tell us their purposes were inno
oent, that their object was self-protec
tion and the safety of women and heir,
less female friends. If this be true
where are the members, that they don'
ooma forward and dec?alo ??? H&Tea'
they here a brother in distress? Ax
they not sworn to protect him? Whs
hinders them from coming fearlessly foi
ward and declaring, like men, what the:
intentions were? I will tell you wh]
It is because they know, if they do, the
are felons and doomed to the penitei
tiary. That is what keeps them aws;
A o bar i table order, our brothers sugges
and yet not one dares come and say s<
even to save their poor brother. Robe:
Hayes Mitchell, from au ignomiuiot
pu niau men*.
Mr. Gonn tells you that their pnrpoi
was, by killing and whipping, to oontr<
the election. They are armed, disguist
with gowuB and operate only in tl
night. Recollect, now, that this is a ?
Klux that speaks. Let us pause awhi
to oonsider the importance of Al
Goon's testimony. It is developed tb
be went to Georgia, saw Gol. Akermt
and got $200 in Washington. Now,
am well aware that it can be shown th
he waa told, before he made bia di
closure?, that if he bad been promised
received any compensation or reward,
would damage the credibility o? bia U
timouy ; but there is uot a tittle of e<
dence that such was the fact, or lhat
waa actuated by naught save his own fr
will and aooord in divulging the seen
he did. I come cow to Charles Fost<
a member of the klan, who, unlike &
Gunn, did actually go upon two rai
nod witnessed tba purposes of the kb
aa manifested in overt sots. The agn
ment be heard read was the same in st
stance as this, and he states that t
purposes of the order were to be carri
out by whipping members of the Leagi
He describes the details of the raids
which he engaged. What reason is
signed for the attack on John Thon
son? He taught a negro school. TL
called him out and told him to quit 1
dioalism. But you know Mr. FosU
testimony. Now, where have we con
By the written agreement, we have
band of srmcd, organized and disguh
men, moving in the night, and direc
against a political party, and ooloi
men particularly. By the deolarutiot
members, we see that, in 1868, tl
aimed to control the election by ero?
iug the polls; and, in 1870, by Gu
Foster, and others, it is ?howu that tl
proceeded to intimidate negroes and
terfere with the right of suffrage. H
ie, first, then, direct proof of their (i
poses by the written agreement, i
then indirect ovidenoe from those go
on raids and actually cognizant of tl
motives. Against this, what have <
If the organization be any other tha
have described it, why have they not
nied it? Where ia James William Ave
Surely be might come here and say tl
in 1868, he formed an association
good citizens for mutual protection ; t
it was all in accordance with law, i
was no oonspiraoy? Where is the ol
that enticed this poor man to ?oin
order? Where is Dr. Rufus ?trait
Are thean doors barred against b
Why does he take his ease in some
tant clime, while his distressed Ka ?
brother is suffering here? How m
easier would it be to bring brother m
bora here and prove their purposes ii
cent, than to send abroad for die
guished counsel to dissuade yon, by t
learning and ?loquence, from mei
ont the punishment that a oonspir
deserves? They are cot here in love
from sympathy with this defendant,
merely in the ezeroise of their prc
TO BB OONTTNTJKD.
-.-? ? ?
A NEW UNITED STATES BAKE.-A
respondent of the New York Journa
Commerce describes a project soon t
submitted to Congress, it is said,
Senator Sumner, for the charter
grand national bank, to be called "
Exchequer of the United States,"
modeled somewhat after the Ban]
England. The plan contains two
partments, the "banking" and
"issue" department, and provides
8100,000,000 capital, to be taken by
soription. It ia designed, also, to
the place of the present sub-treasur
A colored man, named Daniel Mci?
is iu jail in Charleston, charged
murdoriug another colored man, nu
Prince Graham, on John's Island, a
days ago, for seducing his daughter
appears, however, that the wrong
A young woman was sent to a
Jersey jail a day or two ago for drun
ness. Onoe she was the belle of
TC* ooal Ito jax mm
CITY MATTHUS.- Tbs. price of single
oopiee of the PHOENIX ia five cents..
The PHOJIHX office is supplied with ?11
neo?asar.i material for aa handsome cards,
bill beads, posters, pamphlets, band-bills,
oiroolars, aod other printing that nay ba
desired, as any office in the South. Gire
os a call and test oar work.
Ber. A. Smedes, the reverend ead re?
vered principal of St. Mary's Female
Ou liege, in Haleigh, N. G., arrived io
this city yesterday, and will officiate in
Trinity Ohoroh to-day.
The notices for Christmas are already
appearing-Messrs. Pollard, Hefts, Shi
ver & Go., aod Love & Go., spreed* cg
themselves before the world. Examino
their stocks, present-seekers.
Have yon seen that new and beautiful
book, "Oar Father's House," by tbs au?
thor of the "Night Scenes in the Bible?"
No book more appropriate as a Christ?
mas gift to a wife, daughter, mother,
sister or friend. Be sure to seco ras?
copy from the agent, who may be found
j at Mrs. Townsend's, on Senate street.
I A rora! editor bas lost ell faith in th?
I lack of horse-shoes. He nailed ose ovei
I bia door recently, and that morning
I there came by mail three duns and sever,
"stops," sod a maa called with a re
volver to ask "who wrote that article."
TH? G BRAT Omnvn -As P. T. Barona
is ahead of all others in the m ossa m so?
menagerie line of business, sb Dan Ric
is the aok a o wi ed ged leader of all ci ron
ahowmeo in this country. Io the areni
world his name has become a househol
word, and the most ignorant adolt an
the smallest juvenile betrays a lasen ti
ble ignorance not to be familiar with tb
name of Dan Rice. This season he i
said to hare eclipsed all former effort
and organized a troupe of gymnasts, mon
bats, eqoestriens and trapeze performe:
composed wholly of leaders in their pr
fess:on. But it ia with his wouderf
trained bornes, and comic moles and'pe
forming dogs, that Mr. Kino takes tl
most delight. He has the worid-r
nowned blind horse, Excelsior, Jr., t!
Arabian charger, Stephen A. Dooglf
the Lexingtoo mare, Rebecca, perform?
by Miaa Lizzie Marcellus, aod the Aod
losiao mare, Julia. The comic mal
afford a world of amosement for t
children, while Prof. Davis' wonder!
troupe of performing dogs prove in
resting aod instructivo to all lovers
cultivated ia ht i not. Mr. Rioe has ado;
ed tho novel feature of heating the ci
vas by huge furnaces nnder the circle
seats. The new patent portable |
gives a brilliant light to the ioteri
aod, altogether, the aristocratic a
roondioga of the establishment ara qc
refreshing to behold. The oirooa i
remaio for two days, giving an af tern?
aod evening performance each day. j
miaBioo, seventy-five cents; child
auder ten, twenty-five cents.
TUE PILO HTM.-Thia splendid pa
rama will be exhibited at Irwin's E
Wednesday,Th ii rsday and Friday nig
December 20, 21 and 22. All who b
aeen it, speak in high terms of
beauty, aod ii ta highly apokenof by
Richmond Enquirer, from which the
lowing extraot ia taken:
"Thenn paintings are oew, aod il
trate throughout in the must vivid
masterly manner, scenes in the prog
of Bunyan's Pilgrim from the Cit;
Destruction to the Celestial City. Tl
ia not one view but possesses merit
high order, and many of them are '
dors of the painter's art. We m
enaineiaiH the various pictures io oi
bot let one or twu suffice. If wi
member rightly, the celebrated Mi
went mad over his conception of
ideal 'Laud of Beulah,' and bia pair
of that 'Blest Laud* is reproduced
faithfully tu the panorama-a seen
holy, quiet und peaoeful beauty,
captivates and charms every boho
Tha last soenu of all is the reoeptii
Christian aud Faithful in the Ce!?
City, which ii? accompanied by woi
ful mechanical effect-a chariot of <
surrounded by angel forms, asoer
through the bright celestial skies,
tbe city that 'needs no light of the
opens upon the view, and the mot
angels choir seems to be beard, fi
io rapturous Hounds upon the ear.
cao Bee these pictures without beia
pressed with the beauties of Bun
allegory, and charmed by the sd
maoner io which his ideas have
placed upon the canvas."
MAIL AIIHANOKMBMTS.-The Noi
mail opens ut 3 00 P. M.; close;
A. M. Charleston day mail opem
P. M.; closes 6.00 A. M. Char
night mail opens 6.80 A. M.; dost
P. M. Greenville mail opens 6.
M. ; cloves 6.00 A. M. Western
opens O OO A. M.; doses 1.80 P. M
Sunday office open from 8 to 4 P.
KELIOIOUS SERVICES THIS DAV.
nity Church-Rev. A. Smedes,
M. Rev. P. J. Shand, D. D., ?
St. Peter's Church-Rev. Frau
Jacquemet, 1st Mass, 7 A. M. ; 2d
IOU. Afternoon Rorvice 4P M.
Lutheran Church-Rev. A. R.
IO?*' A. M.
Presbyteriuo Cboroh-Rev. J
Wilson, 10}? A. M. and 7 P. M.
Marion Street Ohuroh-Rev.
Derrick. 10>? A. M. Rev. J. J,
sou, 7 P. M.
Baptist Church-Rev. J. L. Be;
10>j A. M.
LIST or Nsw ADVHBTISKMKKTB.
Jacob Lovio-Variety Sale.
Childs & Wiley-Alexis Hat, et
J. S. Campbell-To Rent.
Mrs. J. L. Lumsden-To Rent
R. C. Shiver & Co.-Holiday G
W. D. Love & Co.-Holiday G
OFFICIAL HAFFI.K Nomans Charlesu
table Association, for benefit Pres Boh
H KT FLU CLASS No. 248 -Morning, Deer
Witness my hand at Charleston, thia
of liscomber, 1871. FENN Pl
Dec 17 Sworn Commis