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title: 'The daily phoenix. (Columbia, S.C.) 1865-1878, July 13, 1875, Image 2',
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Tuesday Morning, July 13, 1875.
Fred. Douglass in his speech, recently
noticed by us, alluded severely to thei
Freedman's Dank swindle. He said that
? the colored people had put millions into
tho Freedman's Dank, and he asked
"Whcro are they?" He added: "The
men who went into the bank a few years
ago poor men, are now domiciled in
beautiful houses and drive their line
turn-outs." The New York Herald calls
for the names of these rascals, "that they
may bo nailed up by the ears in festering
infamy." Certainly their names ought
to bo known. They would exhibit finely
in their "turn-outs." The South has
had so many of such swindlers fastened
upon them, that they would be no rarity;
but the N?rth might make tho most of
them. There is a peculiar scoundrclism
in that Freedman's Bank business, which
gives it. notability above othor schemes
of Radicalism to rob the poor negro.
Radicalism called liim the "Ward of the
Nation," and became his "self-appointed
guardian," as Langston had it. Tho
bank was ostensibly a scheme to take
caro of the money belonging to the sim?
ple-minded "ward." But it was really a
scheme to oheat tho ward, and it snc
cecded finoly. Hence, Douglass' denun?
ciation of the swindlers, who went in
poor and came out rich?dwelling in fine
palaces and driving about with gay
equipages. If tho Radical scoundrclism
in swindling the negro while pretending
to nourish and defend him, is not tho
most heartless deception ever practiced
in a civilized land, we never heard of
.that which excelled it in enormity.
'Spain continues to rock in tho uneasy
:seas of oivil war and bankruptcy. Tho
apprehensions expressed in the London
Tunes in a leader, the substance of which
we printed several days ago, have been
forsouie time anticipated. Tho occes
? sion of tho Frinco Alfonso to the throne
?df Spain was in no respect an advantage.
He did not come as the choice of tho
peoplo; he was tho candidate of a military
coup d'etat?an armed insurrection in
which a sovereign Congress wero driven
out of tho halls of legislation at the point
of tho bayonet. Personally ho had no
qualities of tho King but amiability, and
no claim to that respect which attends a
long, unsullied line. He was only a boy,
fresh from his tops and ponies; his
birth was clouded; his earlier life had
been spent in tho stained circles of a
dishonored court. So when ho camo to
tho crown, he was only another new ad?
venturer in the place where so many ad?
venturers have endeavored to find lodge?
ment since tho time of Charles II. No
wonder there should be discontent.
There seems to be no possiblo future in
Spain but Don Carlos or the republic.
Either of theso governments mean some?
thing. Alfonso means nothing, and it
would not bo surprising to sco him some
morning hurrying over the road to Por?
tugal which Amadous took one early
morning in February, when the crown
becamo too harsh a burden. The Ma?
drid despatches indicate that the Carlists
arc vigorously pushed .of late, but no?
thing like a decisive engagement has
occurred, Dorregarry preferring flight to
battle. The combatants on each side
seem ouly capable of offensive operations
up to a certain point, but that poj^it
leaves everything like "thorough" work
A Demociutic Conference.?A New
York letter says the club rooms arc rife
with rumors about a gathering of tho
Democratic chiefs at Saratoga, week after
next, to consult as to tho "sailing charts"
for the approaching Presidential election.
Tho consultation, it is said, has been
dec-mod advisable by leaders of the Go?
vernor Tilden school, who foroseo a so
rious breach in the National Convention
botweon tho Eastern and Western Demo?
cracy on tho financial question, unless
existing differences of opinion can bo
reconciled beforehand, by a friendly talk
among those in whom both schools of
thought are supposed to have confidence.
Peoplo soo things differently. For in?
stance, tho terrible earthquake that re?
cently destroyed San Joso do Cucnta, in
Colombia. When the catastrophe began
most of tho inhabitants wont down upon
their knees and prayed for relief and
mercy. Yet, in the midst of the scone,
whon tho earth was heaving, buildings
falling, and the dying groans and shriokg
of men, women and children filling the
oir, a wild hordo of demoniacal thieves
and robbers swarmed into tho towns,
sacking : houses, pillaging batik vaults,
and plundering, | If en earthquake will
not quicken a man's conscienco/tbjufqje
no telling what will. i
?FFAina in Eeoefielo.?Tho following
correspondence between Gov. Chambir
lain and Judge Carpenter will be pe?
rused with interest:
State of South Carolina,
Columbia, June 21, 187.1.
i/o?, /f. li. Carpenter, Jmbje Fifth Cir- ,
cuit, Columbia, S, C.?Mr Dear Sir: Re-'
ferring to our conversation respecting
affairs in Edgefield County of day before
yesterday, I thinh it best for mo to ad?
dress you officially upon tho subject in
addition to our conversation. Com?
plaints have come to me so frequent and
strong of late, that I ought to lay their
substanco hei'ore you for such official
action as you may be able to take, if, in
your judgment, any is necdod. I am the
moro bound to do this because, when I
was seeking last winter to restore peace
and order to that country, I especially
advised the people that tho courts were
open, and all their wrongs could there
be redressed, and I am sure this admoni?
tion had a happy effect. Tho present
complaints arc, in general, as follows:
1. They complain that the funds of the
County arc now being squandered on the
poor, while the roads, bridges and other
great interests of the country are almost
2. They complain that the school fund
is so managed and administered as to do
little good, incompetent teachers being
employed at execssivo rates of pay.
3. They complain that the office of the
Probato Judgo is in a condition of dis?
graceful neglect, and that largo pnrts of
the records are gone, and thnt the Probate
Judge is himself totally incompetent to
discharge his duties.
4. They complain that the Sheriff has,
fromdncapacity or inability of some kind,
totaUy failed to fill the office, or perform
its ordinary duties, his incapacity or in?
ability culminating recently in the escape
of several prisoners under sentence of
your Honor to tho penitentiary.
5. They complain that the past in?
debtedness of the County is still unad?
justed, and the large fund of some
$13,000 is still undistributed, though
many of the claimants urc worthy men
and holders of just claims, and that this
fund has been for a long ' time in court,
and a rcforco appointed to audit the
0. They complain that indictments
now pending and presentments made
against public officers in that County
have not been duly pressed by the Solici?
tor, and that the result has been a fool?
ing of discouragement in the work of
holding officials to their proper account?
7. They complain gcnomlly of great
incapacity on the part of many of the
County officers elected by tho people, re?
sulting in a deplorable state of things in
all publio interests of the County.
Theso matters embrace the main sub?
stantial complaints. You will, of course,
understand that I do no more than stato
these complaints. They are ex parle, but
they como from sources which seem en?
titled to respeot. I must say that I fear
not a little for tho peace of that County
during the present summer, in tho pre?
sent state of feeling there; and if any
thing occurs to you as a prcventivo or
remedy for any evils existi/ig there, I
most earnestly urge you to apply such
preventive or remedy. If. from your
superior knowledge of the affairs of that
County, you regard the complaints now
stated as unfounded in fact, or it, being
founded in fact, you have no power to
apply a remedy, then the results will not
be chargeable to you. If, on your part,
you see any official or personal action on
my part which will, in any degree, tend
to the advantage of good citizens of that
County, I beg that yon will inform me,
and I will act with "promptness. If the
complaints made have sufficient founda?
tion to warrant it, I venture to suggest
tho calling of an extra term of the court
for that County, at some time not far dis?
tant, at which many of these matters
could be fully and finally investigated.
Of the possibility of such action I can?
not judge, but I think, if practicable, it
would tend to tho peace and welfare of
the County. I am, very respectfully,
your Honor's obedient servant,
D. H. CHAMBERLAIN,
Governor South Carolina.
Columbia, S. C. July 8, 1875.
Iiis Excellency D. 11. Chamberlain,
I Governor >South Carolina, Columbia, S. C.?
I My Dear Sir: Your letter of the 24th
ultimo, referring to tho condition of
affairs in the County of Edgefield, has
received the serious consideration your
exalted position, character and the im?
portance of the subject demand.
I am aware that the complaints referred
to in your letter arc now and some of
them have for a long time been made,
and that they emanate from citizens of
respectability and intelligence. To what
extent they aro founded in justice is not
within my personal knowledge; but it is
reasonable to presume that complaints
so openly and generally made have some
foundation in truth. I beg at tho outset
to assure your Excollency that in tho fu?
ture, as in the past, I shall heartily co?
operate with you to tho utmost extent of
my personal infiuenoo and official power
in maintaining law, order and honest
I concur with your Excellency as to
tho happy effect produced upon the pub?
lic mind during a condition of dangerous
and painful oxcitement.by your admoni?
tion that wrongs should bo redressed by
an appeal to the courts, and I unhesita?
tingly aver that your promise that they
should always be open for that purpose,
has been kept in letterand spirit. As to
the first complaint named in your letter,
tho Grand Jury having found a bill of
indiotment at the last term of the court,
it does not become me to oxpreoss any
opinion. Tho second restates substan?
tially to tho presentment of the Grand
Jury upon that subject. No indictment
was found for'any speoifio offence, und
until that is dono it is somewhat difficult
to'see how I can take any action in the
matter. The complaint, concisely stated,
is that the people have clectod air* incom?
petent officer. The same is equally truo
of tho third and fourth grounds of com?
plaint. As to the fifth, the facts aro
briefly as follows: Upon a proper com?
plaint, filed in March, 1874, the County
Commissioners and County Treasurer
were enjoined from paying out any
money to the holders of past due claims
until tho further order of the court. An
order was made calling in the creditors
of the County and requiring them to
prove their demands before Governor
Bonham, the referee appointed for that
Eurpose. At tho March term 1875, ho
ad not made his report, and until that
was done, of course there could be no
distribution of the funds. An Act of
the General Assembly, approved Decem?
ber 22, 1S73, provided lor the levy of a
tax of three mills per annum to pay the
past indebtedness of the County, incur?
red prior to the31st day of October, 1873.
The fund collected under this Act for the
fiscal year 1N7."5 had been nearly all paid
out before the complaint was tiled, and
the principal object of the suit was to
impound future levies, and from their
proceeds pay the hon?st debts of the
Your Excellency will observe that the
funds, instead of having been "a long
time in court," have only been there
since last March. About the time of the
adjournment of the last March term, it
was known to me that an Act had been
passed amending the former Act, by ex?
tending its provisions to a eertnin class
of debts incurred during fiscal vear 1871.
The amended Act had not then been pub?
lished, nor hail I seen a copy. I could
not, therefore, know its precise terms.
This involved a modification in the order
of reference, which could not be made
until tho Act was examined. When I
was enabled to make that examination,
it became evident that the referee would
not have sufficient time to advertise,
tinder the order, and take proof of the
large amount of indebtedness (estimated
at SGO.OUO) before tho then next term of
the court. Hence, the amended order
was not passed until the last June term.
I fail to perceive any Inches on my part
in the whole matter.
The sixth ground Hcorns to proceed
upon the idea that not only all persons
indicted arc guilty, but that all who were
presented by the Grand Jury aro equally
so. I ncod not remind so accomplished
a lawyer as your Excellency that these
suppositions revcrso the salutary- rule of
law; but, were they correct, it is submit?
ted that no- responsibility can rest upon
the court. It is not my duty to become
detective, prosecutor, nor solicitor. I
have neither the power nor the inclina?
tion to infringe upon any of the depart?
ments constituting a court of justice.
The duty of a judge, as I understand it,
is to bear causes properly brought before
him, without prejudice, and to decide
without partiality. How can he be im?
partial if, for any cause or in any man?
ner, he has become a partisan?
The seventh ground of complaint
seems to be u reflection upon the elect?
ors of that County, or at least a majority
oT them. I am not the general elector
for that or any other County, and, there?
fore, have no sort of responsibility for
the incapacity or venality of officials. If
the people elect incompetent or corrupt
officers, it is deeply to be regretted, but
I the remedy is educational, moral and
political, not judicial.
I infer that the origin of the com?
plaints, so far as they affect nie, is the
presentment of the Grand Jury. After
it was read in court, I called attention to
such portions of it as scented to contain
reflections upon my olHcial character;
whereupon Mr. Dozier, the foreman, ex?
pressed his regret that the language was
susceptible of such a construction, and
stated that the jury had no intention of
criticising me, but that, on the contrary,
he and .his fellow-jurors had the highest
respect for my official conduct?all of the
jurors concurring in that statement Ho
proposed to return to the Grand Jury
room and recast tho passages referred to.
That proposition was declined by me,
aud the jury was discharged. Some per?
verse or improper motivo appears to
have attributed to the Grand Jury an in?
tention which they unanimously and in
a marked manner disclaimed.
With refcrenco to the fears for the
peace of the Connty, entertainod by your
Excellency, I am far from believing them
unfounded. In my judgment, it would
be difficult to exaggerate tho public ox
oitemont and its possible consequences.
The chief reliance for a peaceful and just
solution of the difficulties of that un?
happy County must rest in tho "sobur
second thought," tho integrity, huma?
nity and discretion of the people them?
With regard to the special term sug?
gested by your Excellency, I have to say
that court and juries were idle three
days during tho last term. There are
but fow cases pending against officials,
and thoso for misdemeanors; there is no
money in the treasury to pay the ex?
penses of an extra term; and, under
these circumstances, I Mould not feel
justified in calling the people from their
homos, and incurring additional debts,
that must bo at some time paid; as aro
all public burdens, by the labor of tho
In accordanco with your suggestion, I
propose frankly to state one causo which,
in my judgment, tends largely to tho
fnesent unfortunate condition of affairs
n that County. It is political in charac?
ter. Tho general and indiscriminate de?
nunciation of all public officers of ono
political party by members of the other
would seem to sustain this view- Tho
abuso is too general and extended not to
excite suspicion of its fairness 'and
seems to arise from tho sanio iipirlt as
the ancient inquiry, "Can' i&y* good
thing come out of Nazareth?" ?be mi?
nority is dissatisfied with the political
complexion of the County. Thoy assert
that "tho people who have the property,
the intelligence and tho true heritage of
command" are entitled to the sole admi?
nistration of County affairs. Conse?
quently, they are dissatisfied with some
of tho local appointments of your Excel?
lency, not only on account of their mnn
nev of conducting official affairs, hut bo
cause, in their opinion, the obnoxious
appointees manipulate and control the
dominant party, and they have no hope
of success while the persons referred to
have local place and power. I do not,
in the remotest degree, criticise these
appointments, nor intimate the propriety
of any suspensions from office. These
are matters belonging exclusively to tho
political department of the Government,
with which the judiciary can have no of?
I am aware that I have replied more in
detail than the terms of your letter would
appear to demand, not because I con?
ceive that the charges either originate
with you or arc endorsed by your com
munication, but to reply in full to the
parties who desire to reach the Judge
through the Governor. 1 recognize the
friendly medium through which these
complaints are urged, and the distin?
guished courtesy with which they are
conveyed. I rely with confidenoo upon
tho wisdom, talents and integrity of your
Excellency for the firm yet merciful exe?
cution of the laws and the restoration of
a real pence to tho people; and if my
past record does not give assurance of a
hearty and earnest co-operation, then
words would be indeed futile and use?
less. T have the honor to remain your
most obedient servant.
lt. 1). CARPENTER,
Judge Fifth Circuit.
City Itkiis.?Water-melons and cauta
lbupcs are becoming plentiful.
Work is about to begin on the Presby?
terian Church, which was so seriously
injured during the late tornado.
The martins have once more changed
their base?Parker's Hall being their
swarming-point just now.
Greenville is the "Mountain City,"
Charleston the "City by the Sea," Co?
lumbia the "Political Pot."
Jennie June thinks the days of non
Bcnsicnl bonnets are past. You're old
enough, Jennie, to know better. To
reform those bonnets permanently, you
must cut off the heads that wear 'em.
Had it not been for a light breeze
Sunday and a slight rain yesterday, there
would, doubtless, have been a general
wilt. The mercury in many thermome?
ters ran almost out of sight.
It is calculated that the full proceed?
ings in tho Tilton-Beccher trial will
make ten volumes the size of Applcton's
Encyclopedia. They should be bound
We acknowledge the receipt from the
committee of a card of invitation to the
Intercollegiate Regatta at Samtogo Lake,
which begins to-day, and regret being
unable to occupy a place on the grand
Tho Greenville Railroad has consented
to bring members to the meeting of the
Mampton Legion, on the 21st, for one
fare. The Charlotte, Columbia and Au?
gusta Railroad and the Wilmington, Co?
lumbia and August:'. Railroad at 3 cents
Postmaster Wilder is preparing to
change his base, and in a few days will
occupy the commodious and elegant
quarters corner Richardson and Laurel
streets, furnished by Uncle Sam, through
the perseverance of Senator Thomas J.
The Brooklyn saints and philosophers
are a queer lot. We should not be sur?
prised to learn by and by that Theodore
and Elizabeth hail made up and gone to
living lovingly together again, and that
both had resolved to become regular
attendants on Beceher ministrations.
Nothing occurring in Brooklyn?espe?
cially within the Plymouth circle? could
surprise us now.
Mrs. Ellen Ewing Sherman, consort of
tho great Wm. Tecumsoh, takes up the
cudgel in defence of her lonl and mas?
ter. She declares that his "purity of
life, unswerving principle, gentleness of
heart, and courage of soul have height?
ened and confirmed in mo the admira?
tion and confidence of my youth." Mrs.
S. didn't happen to be in Columbia on a
memorable occasion, some ten years ago.
"Senator Morton is now fifty-one years
of age," says an exchange, "and yet ho
seems just as foml of women us ever."
Yes, the Senator's highest ambition is,
when tho last sccno in tho drama of life
approaches, to wrap a raffled and em?
broidered petticoat about him, and
marohing majestically to the foot-lights,
throw a shower of impassioned kisses to
womankind at large, and die like a little
-? o .
Patents issued to citizens of South
Carolina for week ending Jjily 9, 1875.
Furriwod for the PiieENts from tho office
of J. McC. Perkins & Co.:
101,818. Life-presorving apparatus?
II. A. Due, Jr., Charleston. [Filed May
1GL817. Bale-ties?Henry K. DuBoso
and Edgar W. Charles, Jr.; Canulen.
[Filed May 22, 1875.]
Special Term Court or Common- Pleas
?The Parker Case.?This Court met at
10 A. M. yesterday. The Court stated
that, in consequence of the illness of Mr.
C. D. Melton, one of the attorneys for the
defendant, jury No. 1 would he dis?
charged until this morning, at 10o'clock,
and jury No. 'J until 10 o'clock Friday
morning next. The Court then ad?
journed until 10 A. M. to-day.
The following is substantially the case
as made out by the State againstNilesG.
t Parker, defendant: During the time If.
If. Kimpton was Financial Agent of the
State, it was his duty, among other
things, to effect loans lor the State-, pay
the interest due on bonds then outstand?
ing, and to meet loans thus made as they
became due and payable. In order to
effect these loans, he was forced to hy?
pothecate the bonds of the State as a se?
curity to the lenders. These bonds thus
hypothecated, had attached to them cou?
pons, which indicated the interest due
on the bonds, and these bonds had never
before passed out of the bunds of the
State by sale, and, consequently, as the
State does not pay itself interest on its
own property, the Financial Agent was
not called upon to pay these coupons.
These are called dead coupons. These
bonds had been hypothecated asa pledge
it is true; but, until the pledge became
forfeited, the property or ownership of
them remained in the State. The loans
thus effected were met by the Financial
Agent when they became due, and the
bonds were returned to the Financial
Agent before forfeiture. The coupons due
on these bonds before they were sold were
detached and sent by Kimpton to Niles G.
Parker, then State Treasurer, to be can?
celed according to law. It was the duty
of Kimpton to pay in gold the interest
on the bonds which bad been Hold by
the State, but not hypothecated, or, if
hypothecated, had been forfeited, to de?
tach the coupons then due, as vouchers
of payment, and return them to Parker
an Trcasurer, to be canceled also. Kimp?
ton sent Parker the coupons actually due
and paid, and the dead coupons which
had become due and were dead before
the State parted with the bonds to which
they belonged, and Parker receipted to
Kimpton for them all. There were
$4b0,000 of these dead coupons, and
these, with the coupons actually due and
paid, should have been canceled by Par?
ker as soon as they came into the trea?
sury; for, if by any means they should
again pass out of the treasury before they
were canceled, the State would become
liable for them to innocent holders, as it
would be impossible for the public to
know whetherthe.se coupons had become
due before or after the State had sold the
bonds to which they were attached.
Those dead coupons, however, show
upon their face to what bonds they be?
long, as, indeed, do all coupons, and the
treasury books show when every bend
was sold; consequently the treasury offi?
cials enn detect them, although outside
parties cannot. Now the State claims
that the defendant, Parker, canceled
these $4b0,000 dead coupons, and placed
them in tho stead of $180,000 coupons
which Kimpton had paid in gold,
which latter coupons ho abstracted
from the treasury upon or before
his retirement therefrom, without
having canceled them. The State
has proved that there are S180,000 dead
coupons canceled in the treasury, and it
has proved that Parker, in May, 1S73,
was in the possession of certain coupons
which he said he had got from Kimpton
in the final settlement of the State with
her Financial Agent. It has proved that
$?180,000 of coupons which, according to
Parker's receipt to Kimpton, should
have been in the vaults of the treasury,
j were missing and unaccounted for when
the present incumbent, Mr. Cardozo.
went into office. It has further proved
that Mr. Y. J. P. Owens, Senator from
Laurons County, as "agent," funded over
I $200,01)0 of coupons; and, according to
the testimony of Mr. \V. 13. Gulick and
! Capt. J. O. Ladd, Parker admitted to
j them that he had employed Mr. Y\ J. P.
Owens to fund bis coupons for him.
That he had coupons and wanted to have
them funded is also proved by Parker's
letter to Ladd, while the latter was in
Charleston. Mr. Y. J. P. Owens was
subpoenaed as a witness for the State, but
failed to appear, and this is considered a
strong circumstance in favor of the the?
ory and proof of the plaintiff's cause.
List or New Advertisements.
Extra Com. Columbia Lodge.
E. E. Jackson?Seeds.
W. 15. Unrke-F. F. F. Flour.
Columbia as a Winter IIesort.?The
climate of Columbia is one of the most
uniform anel toniporato in tho world.
Considerable interest is felt in projects
which have for their object the estab?
lishment of suitable boarding houses anel
hotels for the entertainment of visitors
during tho summer months from the
more rigid climate of tho North. Many
who stopped in Columbia last winter
woro delighted with it. They founel it
more agreeable and equable than any
other point at which Ihey visited. It
has moro variety of life about it than
cither Florida or Aikcn, anel is not infe?
rior to either in nil tho requirements of
a winter resort for a large class of inva?
lids. We trust that our friends at the
capital will bestir themselves. The line
of activity and business herein indicated,
and the fine but negleqted water power
which flows at their foet, solicit their
early and earnest attention.
[Charleston Aieics and Courier.
ExTRAORniNARY Casualty.?On Sun?
day, tho 20th ult, Mr. 13enj. Pack, resid?
ing near Privateer, in Sumtcr County,
had his only horse kicked to death by a
vicious anel infuriated mare, belonging
to Mr. William Osteen. The maro was
supposed to have been shut up, as Mr.
Osteen had ordereel it done.