OCR Interpretation


The news and herald. (Winnsboro, S.C.) 1877-1900, February 08, 1877, Image 1

Image and text provided by University of South Carolina; Columbia, SC

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn93067705/1877-02-08/ed-1/seq-1/

What is OCR?


Thumbnail for

-'R EWINNS).1ORO s. A O ,F A 87....._ [ . 1. NO 4
TRI-W ,I .1I .j ,WINNS1$01t0, S. C., THLURSD)AY MORNING, FEBRUARY 8, 1877.(VL1.N..
F ANCY CA Ig8,15 styles with
name, l0ts. post paid. J. B.
HUSTED, Na__egs, ,e ,! N, x..
TiIIFLING
With a Cold i$ Always paogroy,
WELLW 'a 1cl nlet,
a sure remedy for Coughs, and all Dis
eases of the Thropt, Lungs, Chest and
Mujouq M embrane.
PUT UP ONLY IN BLUE BOXES.
Sold by all Druggists.
C. N. CRITTENTON, 7 Sixth Avenue, N. Y.
,BUSINESS.
ja We want 501 more first-class Sew
ing Machine 4gents, and 500 men of
quergy and ability to learn the business
of selling Sewing Machines, Coriipegsa.
tion liberal, but varyin according to
ability, chaaroter and q ej ions of the
Agent. For particulars, Address
Wilson Sewing Machhie Co.
CIIICAOO.
827 & 829 Broadway, Now York, or New
Orleans, La.
ENTEN'tHIBITION
It contains 330 'ine engravings of build
ings and scenes in the GrWf, Exhibition
and is the only authentic and complete
history published. It treats one of the
grand buildings, wonderful exhibits,
enriosit s, "grat evebte; ',to a Very:olrcap
and sells a p'gt.; . Ope 4gent -sold ;4P
copies in bnhd ay Send for our extra
.terms to Agents and a full description pf
the work. Address National Publidilfig
,Co.. Phila.,Pa., or St Loxgig,Mo
LAIJTIoN. Unreliable 'a it41t1- n
-books on $he $s tjtoi1pbfip ng circa.
lated. D6 not be deceived. See that the
.books you buy contains 874 pages and
430 fine engravings.
-Wp;ulerful S egg.!, 25,000
.OF THE
CENTENNIAL .EX QSITION
Sold in 60 .days ,It .being the only
complete l9wprIce.pk 71 pages only
.$'2.AItreating of the ot'tiro history,grand
;buildings, wonderful exhibits, curiosities,
great days, etc.; illustrated, id. $1, cheap
er than any other; everv'booy wants it.
oae -uaw agent cleared $350 in 4 weeks.
,3,000 agents wanted- Send iiicl. for
,proof of abov *, opiniops of officials clergy,
and press, sa ' pie pages, full description,
and our extra o . ,.
'ii!., IPa. Caution. Beware of falsely
claimede'ik -- less- books. Sond
for p roo(
AT 6F ar e a d 1l e Ia s albs
s ell in stnry
i~world. It contains
es set of per 13envet p4s Unell, "y )enlo
i1tpp v ppc alrti, cIogaa15i.I~plaiert sleeve buttons
snd fish onabiof.ncy t pin an dr post.
ptId,t cent. 6 paekages, with assorted Jewelry,
TWEL'VE'
.artilIn~ssifIsL.OYD (CMIII' I N ,Ctb.
usmed assa ECH lEa1oilter nhd Pen.' .te..enkitfb.
ls tr-cttr sn
INEWGCflY STORU~
I*VING fen charge-of -tl Gro
Zery Store formerly cnpied by .
-L. DanneM $ d
a fresh and choice atog t
nes .a9. -as ot Dec.~ 4{~ a.akf
.DT ~ )~t T ,Ng .'f
/ADE*YTtSf
P,250.40 w{Q Mn of ieeIn vars o
ew papers di rBy
will be sold for eash.' A u
.bes~vn r and ggpe q ga~
PublishPrs anti Printers
Can buy diroot of the Manufaoturer on
favorable terms.
"'fn Asso HAIAngY CUTTING IACIIINEs
are the bea and chonyost low priced
machine made, and have i national repu.
tation for utility and durability."-The
Electrolyper, Chicago.
Tus 'ANiON IIAnRY PAPAU CUTTER is by
p r the best machine which can be ob
tained for a loss price than one hundred
dollars. It is of great strength. 'Thest
machines have always tallken tie highest
stand. It is the only m. chino to which
is applied the Pant lovable Cutting
Bonrd. This device has a reputation of
itself: by it, the cutting board can bo in
stantly and accurately moved, so that a
perfect cut is insured, This is a very im
Qr4int point in the milachiue, anid one
d1 s possessed by no other. It greatly
reduces the labor of pteparation in work
ing the paper backward and forward.
We cannot too strongly recommend the
advantages of this patent movable board.
It is worth the price of this machine, and
purchasers should fully understand how
highly it is to be valued."-Geo. P, Rowell
& Ca.', Newspaper Reporter cumd 'rinter's
Gazelle,
T'rn LATEST IMPROVED HARDY CARn CU:'P
TER 1 pronounced the most desirahe
Card Cutter in the market, for the general
uses of a printing office.
The well known Ruoo(Es CAun CTTER.,
with my ato t ' nlprovemeonts,. is still pre
ferred b3 ~a spyjpefrs, n.1 holis its
favoritis ' e ,thedimachinos.
lne genuine but those having my full
da dess lettered in the casting,.
_. Newspapers in want of advertising
from firat parties should send for my
circular.
F. A.UAR)Y,
A nhubrnlle, Mass.
I will buy of tiosc that buy. of me.
declL
CONOR & CHANDLER
CALL A77'EN7IONt
'T0 THEILR NEW STKJC OF
STERLING SILVERWARE,
REDUCED PRICi';.
Table Spoons,
Teai gprnsrr
igar 8booni ,
Table Forks,
Pap Spoons,
Butter Knjves,
-Pickle Forks,
AhND
Ladeo $ o 12ext..thh s
dec. 7
.CONGRESS STREET
w
0
.tI AD.E8PORTES'
110 I~ II it 1
DRY GOSI
ji-amQPgb~AIhTD SR~OE8,
iA. WINES,
.*vof .' v Etc., to.
WHY HAMPTO1 IS GOVERNOR.
JUDGIE MACKEY NTERI ET'1ETS THE
CONST1'T UT10 .
A Aeview of the facts--Tho pretensions
of Chamberlain Exposed- -Sound La'w
and Sound Policy.
Judge Mackey has rendered a
decision affirming the constitution
ality of Goverror Wade Haipton's
election and installation as Governor
of South Carolina. The opinion is
writton out at length and a synopsis
only is hero given. The decision
was rendered in the matter of a
habras piorpu nydo by Aimzi los
borough, a colored man sentenced
on the 22d September. to sixteen
months imprisonment in tho jail of
Chester, for assault and battery
upon a white man. A pardon was
issued by Governor Hampton to
Rosboroughi, whiph the sheriff of
Chester refused to recognize. W.
A. Walker, Esq., appear,;d for the
prisoner, and Solicitor Gaston for
the shoriff. The w-vit was mado
returnable on the 31st January.
The opinion was f'led on the 3d
4'ohruary,
Judge Mackey declares that the
issued involved in the petition is
three-fold-as to the right of the
people to have enforced their will
expressed at the ballot-box, as to the
right of personal liberty of the pris
oner, and as to the right of a citizcu
to hold, and cxeci the dfntic of
an office to which it is alleged he
has been duly elected and into
which it is alleged he has been in
stalled,
The .Court find as matters of fact
That D. H. Chamborlain was elected
governor in 1874. That an election
was held on the' ith November, 1876,
at which there were only two eandi
daes, Wade Hampton and D. H.
Chamberlain, and that by the re
turns of the County Election Con
iiissioners, Hanpton received
92,2;1, and Chamberlain 91,127
votes, being a majority of 1134
votes for 1I:1Imlpton.
Tut one lunCjrecd aInd twenty
four membe:s were elected to the
.ougo of I epresentittives. That of
these fifty-a inn having einyiassing
board certificates claimed to or
ganize nuder E. W. MAl. Mackey as
Speaker, and fifty seven holding
said certificates, and eight having
certificates from the Supreme Court,
but who had been dobarred( from
entering the hall .by the troops,
sixty-five in all, met in Carolina
Hall and organized with W. H.
Wallace as Speaker. That Mackey
declared Chamberlain elected by
arbitrary thawing out the votes of
.dgelichl ard n LauirenL without
going through the formality of a
contest. That the Supreme Court
decided the Macl.cy House unoin
stitutional, thereby rendering all its
acts unlawful. That Wallace can
vassed the votes for governor in
the prasence of the Constitutional
House and of such Senators as
attended. Tha...th~ failure to at..
tend ini a body by the Senato after
notification. from the House was a
revolutionary act, i unprecedlen ted in
history. That WVade Hampton was
declafo~d elected, by Speaker WVal
lace, and. thereuipon took the oath of
ogi~c ii was qualified.
A LEGAL INAUGURATION.
The vote wvas declared upon
certified copies of , the county re
turns, and upon a certihicatoe of the
theu; Secretary of Stato, H. E.
Hayne, that Wade Hampton -had
received, including the roeturns from
Eidgefield .and . LaurQnp, 92,261
votes, and 'D. HI. Chamberlain
91,127. The Constitution provides
thalt when original rotur~ns htave not
b~een receivced, certified copies may
be received from the . Clerks of
Cdiorts of the <ispeativo . counties.
Much, mere should they be received
.when 'fhe Secretary of State, by ga
.revolutionary act, and ' a?agiant
con tempt 9f Cojrt, withheld the
-ret,ur'ns,
The declaration of the election of
jIapiptoppn3at stand pi1tii\.a formal
odetis made, as prescribea1b
)yv.,,before the General Assembly.
,This Chamiboglgjg has mpt mnado,
hiAfvie is estoppell from claiming the
giubernatorial office through' . the
As~ totreial< itff 'tho declara
' o of the election .notwithistanding
1hnon-attenda . : 9fy thiuyeng~fp
&mpnciples unq.erlyng this have
W 54589i0 have~retite4 of the, itm
'i n t e r t r lt'tp
Tustic aJrv-ha helM thatth
first and fundamrnatal rule in rela
tion to the intorprotation of all in
struments applies to tho constitu
tion-that is, to construe them ac
cording to the sense of the terms
and the intention of the parties ;
"the context, the subject matter,
the efects anil consequences, or the
reason and spirit qf the law."
(Story on the Constitution, section
399.)
The central idea of the Congtitp
tjoi is the sovereignty of the peo
ple, and any intorpretatiol. Con
tradicting this is inproper. The posi
tion that the Court is called on to
combat is that after the people have
expressed their choico of a Chief
Magistrate by their ballots, even
though the electors shogld bo unan
imnous in their choice, one branch of
the Legislature, and that the less
popular and luiferous, should have
the power of aid .lhling that choice
by merely abstaining from being
present at its ainnuiiciation. Such
al interpretation of the Constitution
ought not to receive judicial
sanction, unless it follows inovitably
from the plain words and manifest
intent of the instrument.
That illasitrous jurist, Chief Jus
tico Marshall, said in delivering the
opinion of the Supceo Court of the
United States in the caso of the
United tates vs. Fisher (2d GIranch
501):
"That the consequences are to be
considered in expounding laws
where the intent is doubtful is a
priuciplo not to 1)O controverted.
Where rights are infringed, where
funda mental principles ;i":; over
thrown, where the general system of
the laws is departed from, the legis
lative inter t-ion must be expressed
with irre.iAtible clearness to induce
a court of justice to' hlIOsHAJ a
design to effect such objects."
In accordance with this the Court
?numst hold that the clause of the
constitution that says "the Speaker
shall open and p)ublisli the returns
in the presenceo of both bogigs is
biinply directory, and the voluntary
and willful absence of the Senate did
not inval[icat.e such publication.
1 Lord Mansfield's rule for determin
ing whether a provision of a statute
is to be deemed mardatory has hero
a striking exemplification. His
Lordship itd in the celebrated cage
.?f .ex is. Locksdale, (1 Burrows,
K. B.. 447:) "Whether the provis
ion of the statute is to be consider
ed mandatory or not depends uIon
whether that which was directed to
be done was or was not _f ' the
essence of the thing required."
Tpcourt of Appeals of New
York announced it as a settled rule
of construction, (People vs. Cook,
8 N. Y.,) that "statutes directing
the imode of proceeding by public
officers are directory, and are not
regarded as essential to the validity
of the proceedings themselves,
unless it be so declared in the
statute."
The provisions. pf a law which are
merely directory are not tQ be con
struod into conditions precedent.
(Whitney vs. En. 'kot, 1 Baldwin's
United States Reports, 303.)
The provision of the city charter
of Newv York thaLt,,very pe'rsn ap
p)ointed to office under the city gov
enent shall take the oath of office
before the Mayor was lield
to beC merely directory ; if
it cannot be so taken, it may be ad
mmintered by some oth'er officer.
(Can iff' vs. the Mayor, &c., 4 E. D.
Smith, 430.)
THE TITLfi TO THlE OFFIcE
is derived from -the election. The
p~ublication by the f~peakcr is but
the formal notice to the ,porson
elected, and4 to both houses and to
,tiho public of the fac. of such elec
tion. TheJhyo houses do not act
"both together" in Like apatter of
opening and publishing the returns~,
but are presejnt as mere auditoi-s.
Tholm constitution declares that 'tho
Speaker shall open and publish the
returns. Thecy are delive6red to hiin
by the Secretar'y of State, and at no
time are they in the custody of
either house. Upon the Speaker
alone is -devolved the whole autty to
be done in the premises. It will
hardly be0 contended that if thie
Senate had been actually pteent 'at
the opening of the r'ofurns and 'h'd
objectied to their being iblislied,
tha~t such objection sliould 4'y~e
availed to i'ostrein~ the spdaker 'from
perforraing- his .constituitional duty
of publisippag'~ the ' returns of the
election f pov~rnor. The contu
~ndous Absence of the Senate after
4onotice can only be coundered j9
faraete~o~ aprotestagaingts$ph
in, yet. no greater wggiL
eam be 'atta 69 tqat than if 'that
bo~ , g op goally' present '4nd
postingagainst the pumbliention 9f
th6 am1d rens.Thr n ar bt two
contingencies in which the General
Assembly can act pt all in relation
to the election ' Q Governor, an4
neither of thorn has occurred in the
present case. Section 4 of article $
of tlig eqirstitution provides that
"the person having the highest num.
ber of votes shall be governo> ; but
if two or more shall be equal and
highest in votes, the General Assem.
bly shall, during the sine session, in
the IfovsIo of 'Iepresentatives,
choose one of thorn Governor viva
voce. Contested elections for Gov
ornor shall be determined lyy the
General Assemblj in such manner as
shall be prescribed by law."
In this case two or more were not
'J qual and highest''iri' votes." Ond
received the highest number of votes
and was declared Gov9rnor. ' Nor
was the election contes'ed according
to lawy before the general assembly.
There is no doubt that our State
constitution of 17.00 was mandatory
as to the presence both of 'the Son
ate and House when the vote for
Governor was declared, for the Gov
grrgr suder that constitution was
elected by the Sonate and House
of Representatives, and not, as
under ours, by the people. The
Senate, thprefore, having no func
tion to perform-at the publication of
the vote for Goernor, it cannot be
maintained that its refispal to be
present rond .rs such publication
invalid. In refusing to recognize
the House of Reprosontntives, after
it had been duly adjudged the con
stitutional 1-ouise by the Supreme
Cp rt of the State 'the senate com
mitted a lawless nd rvolutionary
act which hack no prochjaj'in the
history of Amoricabi States.
The Supretpe Court of the United
States recognizes the 'decisions of
the unpreme Court of any State.
Yet this court is called op to annul
the will of the whole pdople ox
pressed at the ballot box, and sol
emnly recorded and announced.
The people hayo' niAke the grant,
and have set .iioii' it'their broad
seal, the grantee has cogiplied with
all the conditions annexed, and the
courts are then called upon to do
clare it .void becqpzse .thi' Senate
per-d rely closed its eyeQnd refused
to witness the delivery.
The ,Couit holds that Wade
JIawpton having .ben 'elected gov
ernor on the 7th November, and
having been so dealsi-1a by the
Speaker of the House, and havirng
t1kOp1 .the dath of office is "the gov-.
ornor of South Carolina." The war.
rant of pardon issued.by hir must
be respected and' the prisoner re
leased.froni csrtody.
Cigarette Making.
A newspaper man cgQgevsed with
a Nvcw Y'ork cheiiit.tni other day
on the subject of cigaretbo amqking,
and was told that the growth 'cif
cigarette smoking was doing more
to undermino the constitutions of
the young menr of oni.,:untty than
almost auything else. The gentle
man said that he was .Qdistantly
being called in consultation with
eminent physicians, who 'wvre en.d
deavoring to discover the dause of
.he~t to thWcy aipeared flaysterious
diseases among the young men, of
the families of somne of thieir 'nos't
inifluential p~atiepIts. ,p ndatly'every
case it was' discovered that 'the
priimary cause was cigarette smqk.,
ing. The most deleteriojiis effects
of cigaretto smnoking raise frgm the
paper in whridh ' the tobinco is
wrapp~ed. I~n , the man'.ufacture of
this pcculjar paper white lead forms
otie of the ,comnpgnent parts, and
this, as .is pf copirse known, is a
deadly 'poison. Nathryally :this
poison is absorbed inito the system,
p)roduces blotches on 'the face, in
jures the. teeth, asyd makes sores on
the lips. .These ay~east the- ine'vita
ble roidaltid of the mineral poison
abhsorked, an#~ mhay be seen time and
aaoini in a 'day's walk-startling
wvarnings ,against the pernicious
custom.
OUT.RAGE ON ZZABnOf3 EsD Auen
PRECzpEiNT.-5dihe Detro " '
P~ress says: A chap who ~d1,er%
haps, -,ead a newspaper item' sout
how 'a street car was 4#leared of
passengers in shoit or4 er; ' when a
man in the enen rf ;te car an.
nounced that lip "the smalpot,
tried the game j'dGratiot a venue
car yestei'day. p ting aboard the
car on Moprae avenue, be sob down
beside a ,g' fited. ,man s~g re.
obje'ct.t'o riding beide a rnmall-pot
,replied bg nan, 5t as
some of thes4r g gn
I shall heave you oat."1e ofpn
he topkfX joker** e1 ~l*4
leg andEirried' uthe
an~sht hi fa ut /

xml | txt