OCR Interpretation

The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, February 12, 1868, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026965/1868-02-12/ed-1/seq-2/

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Wednesday Morning, Feb'ry 12.
The cotton bill as officially promulgated, is as
follows: That all cotton grown in the United
States after the year 18(i7. shall be exempt from
internal tax ; cotton imported from foreign coun?
tries, on and after November first. 18n8. shall be
exempt from duty. Approved February 3, 18G8.
Lovers of fun and lovers in earnest are reminded
that thev can obtain comic aud sentimental Valen?
tines at tho Book Store ot Mr. Geo. W. Faut, east
??nd of the Masonic Building. A Targe variety on
kantig which will be sold at exceedingly low prices.
-4?.- . _
The Atlanta (Geo.) Intelligencer?an independent;
live newspaper?has placed thc name of Andrew
Johnson, of Tennessee, at its mast-head, for Presi?
dent of the United States, subject to the decision of
the National Democratic party, in convention as?
sembled." The nomination is supported by an able
?ditorial, in which the writer says :
"The approaching contest will be the most ex?
citing one ever had, end bids fair to try the marcie
of the American people, and th? edibility of their
government ia a rar-nrer hitherto without prece
dent In such contest there can bo but two organi?
zations. The very emergency wiil admit of no
other, and any other elinor organizations, nuder
whatever name, and upon whatever bani?, will be
absorved bj .?. huje sponge will a very little water.
It will be more entirely a conflict of ideas alone,
than any Presidential campaign we have ever had."
Our exchangeo in this State, North Carolina,
Georgia, Florida end Tennessee will confer a favor
and render assistance in tho capture of a notorious
thief, by stating that Bob Thompson, a mulatto, es
? caped from custody on the 6th inst., by jumping
from the passenger train on the Greenville and
Columbia Railroad, between Alston and Littleton.
He ia about 25 years of age-, five feet 6 or 7 inches
high, blind in one eye and the lid partly closed ;
has very black hair, resembling that of an Indisn,
and cut ahort ; he is considerably marked by small
pox, especially oa his noso. lie is a well-known
burglar and horce-tbief, and h*3 broken open sev?
eral stores, and stolen hornes in this State and
Florida. Ilad on a p.-.ir of hand-cuffs when last
heard from. A reward of Forty Dollars is offered
for him by Jons R. Ccccean, of thia place, and
any person arresting him will confer a favor by
notifying him at once. Newspapers copying this
notice and causing his arrest aili be liberally re?
Tn the- thirty-sixth day's proceedings of the
Georgia Unconstitutional Convention, appeal s a
communication from Ges. Meads addressed to j
that body, in which that of?cial informs the hon
oracle (?) delegates that he has carefully surveyed
the condition of the State Treasury, and announ?
ces that he will be able by the 15th of March
next, to pay to the disbursing ngent of the
Consention the sum of $30,000. This amount is
in addition to a like sum already paid over to that
heterogenous assemblage. Gen. M ea di: proceeds
to say:
"As this sum will complete the amount of the
requisition approved by ny predecessor and my?
self, I take the occasion to say that after carefully
examining the financial condition of the State, aa
left by the out-going Provision al Executive officers,
together with the demands to be met tinder the
beads of the civil lints aud public institutions, that
I cannot feel my?e?f authorized to sanction any
gre.itcr advance from the State Treasury to the
Convention than is herein indicated, and that 1
must request tho co-operation of thc Convention
in conforming to this decision."
- If this does not contain a gentle hint to thc
great unwashed to prepare themselves for work
and adjournment, then we do not comprehend his
meaning. Thirty-six days already gone, and the
Constitution yet unprepared.' It is time the car?
pet-baggers and negroes composing the majority
were admonished that there is a limit to their use?
less frittering away of the people's money, and
that even their present masters will nor allow them
unbridled license in this respect.
We like a good thing, emanating from whatever
source. We are always highly pleased to note ?uv
evidence of truth and justice, and will never hesi?
tate to commend an utterance of this kind, whether
thc champion of the right be black cr white. On
these grounds, we take pleasure in introducing the
following paragraphs fron the proceedings of the
mongrel convention now sitting in Charleston.
We have heretofore expressed our opinion of
Whipper, the author of this good thing, us being
?no of the most intelligent and ablest member? of
the great piebald, and we have no hesitation in ex?
pressing a preference for him as a member of Con?
gress under the reign of the so-called "loyalty."
His principles are evidently of a higher order than
the " mean whites," who will crowd his race off
the track whenever high officer are to be filled.
In the Convention, on Monday, the special or
dir being the ordinance invalidating all contracts,
the consideration of which wa? the purchase of
alav?s, the following happy retort was made during
the discussion :
In the course of thc remarks of Mr. G. Whipper,
who always says something good, he referred to a
simile employed by one of the preceding speakers,
in which the buyer and seller of slaves were likened
to two dogs fighting over a bone.
F. L. Cardoza (colored) interrupted, and asked
him upon what priuciplehe decided which cur was
the meanest ?
Whipper replied : The meanest dog is that which
stole the bone from Africa; the dog who sent the
ships and brought the boee here ; the dog who has
run ail over creation, ^nd made contention where
ever he goes ; and be tt said to the honor of South
Carolina, that she was opposed to the institu?
tion of slavery, and opposed to the African slave
trade, and it was not until the renegade curs
from other parts forced it upon her, contrary to
her own wishes, and she received and perpetuated
it upon her soil.
The following is the ordinance passed by the
Convention of this State on the 4th inst., invalida?
ting negro debts :
TRACTS AND v1 I'D') M ENTS AND dkckkkr I!?.HK70
Wc, the people of South t'urc'.in*. hy f,(,r dele?
gates in Convention assembled. .Jo hereby declare
and ordain, 1st. Thai ali contracts,.whether un?
dersea! ornot, the conciderations of which were
the purchase of slave?, are hereby declared null,
void, and of no effect ; and no suit, either ai Law
or in Equity, shall be commenced or prosecuted
forth? enforcement of such contracts.
2d. That all proceedings to enforce satisfaction
or payment of judgment or decrees reu tercet, re?
corded, enrolled ur entered up on such contracts in
any Court ot this State, are hereby prohibited.
?ld. That all orders heretofore made in ai.y '.
Court in this State in relation to such contract:,,
whereby property is held subject to decision, as to
the validity of such contracts, are also hereby de?
clared null, void, and of no effect.
The aye? and noes on the passage of the ordi?
nance was tuken, and resulted as follows :
Ages.?XL? President, Messrs. Allen.. Ari?im,
Becker. Boll. Bowcn. Bonum, Burton, Brockenton,
Ui\cc. Byas Cain. K. II. Cain, F J.. Camp. Cogh
lan. (Mi.iiiibi il?in, Cook, Crows, Harrington, Davis,
DeLarge. ?ickson, Began; Donaldson, Drifile. Dun
: cm, Edwards, K?ster, Gentry, Goos, Gray, Harris,
Uayuc. James N\, Hayue, II. E., Henderson,
; Hohnes, Humbird. Hunter, Hurley, Jackson, Ja
{ cobs. Jervey, Johnson, Sani., Johnson, Wm. B.,
! Johnson, J. \V., Johnston. W. E., Joiner, Jones,
| Henry. Jones. Clias , Lang, Langley, I-ee. Geo.,
j Lee, Sam., Komax, Leslie, Mackey. E. W. M.,
; Mayer, Middleton, Miltbrd. Moses, F. J.,jr., Nance,
! Nash. Ncaglc, Newell. Nucklcs. Parker, Pillsbury,
i Randolph, Kainey, Pansier. Richmond, Rivers,
Rose, Runion; Sanders. Sasportas, Shrewsbury,
Smalls, Stubbs. Swails. Thomas. Thompson. Au?
gustus, Thompson, U. A., Viney, Webb, Whipper,
! White. Wilder, Chas. M.. Wingo, Wright,
i A?ot.?Alexander, Cardoza, Chesuut, Corley,
' Dill. Jenks. Jillsoi!. .Mauldin, McKinlay, W. J.,
i MeKinlav. Wm., McDaniels. Mead, Miller, Owens,
' Rutland, Whittemorc, Williamson, Wilder, Kran
, eis, E.
We publish bjiow, says the Pickens Courier, the
ordinance which passed the Convention, by an over?
whelming majority, dividing Pickens into two ju?
dicial and election Districts?the Western District
; to be called Oconcc, and the Eastern to retain the
ancient name of Pickens. It will be seen from the
: ordinance that six Commissioners have been ap
I pointed in each .iew District, who are to (select the
' localities of the Court Houses, make purchases, &c
? These are gentlemen of integrity and discretion,
i who, we hope, will take advantage of the opportu
; nity afforded them to display their good taste and
judgment. This age can certainly improve on the
present se ection. By a judicious course, they can
. i?l*o save the State much additional taxation. This
: is a measure !ong looked for and much desired by
j a majority of the people of the District ; aud
j whilst it may be regretted at the present by some,
i yet we sincerely hope that it will ultimately prove
: a success, and redound in the increased prosperity
j of both sections.
The following is the Ordinance as passod by the
; Convention:
I We, the People of South Carolina, in Convention
' assembled, do declare and ordain, and it is hereby de
j dared and ordained, Thai Pickens District be di
! Tided into two Judicial and Election Districts, by n
j line leaving the .southern boundary of the State of
I North Carolina where the Wnitc Water River cn
I ters this State, and thence down the centre of said
I River, by whatever names known, to Ravenel's
j Bridge, on Seneca River, and thence along the
I centre of the road leading to Pcndleton Village,
until it intersects the line of the District of Ander
60?. That the Territory lying east of said line
shall hereafter constitute the Judicial and Election
District of Pickens; and the Territory lying west
of said line shall constitute a new Judicial and
Election District, to be called Oconee District.
Skc. 2. That Jas. Lewis, Jas. H. Ambler, Reese
Bowen, Jas. E. Hagood, and W. T. Fields be, aud
that they are hereby, appointed Special Commis?
sioners to select a proper site, and locale a new
Court House Town for Pickens District, which site
shall be near the centre of the District ns may be
practicable; and for this purpose they arc hereby
authorized to purchase in the name of t,iic Stute a
tract not less than one hundred, nor more than four
hundred acres of land, and after reserving a suffi?
cient quantity for the public buildings, hiy out the
balance into Town lots of various sizes, as they
shall deem most desirable, and after not less than
two months' previous notice, sell the same at pub?
lic sale to the highest bidder for cash, or otherwise
as may seem to tiiem best, making titles thereto in
tue name of the State; the proceeds of said sale,
after paying for the lands purchased, tote applied
by said Commissioners to the erection or' a Court
House and Jail, which will be completed as socu
as practicable.
Stic. 3. That Wesley Pitchford, W. E. Holcombe,
liry Fret well, M. P. Mitchell auk Dr. 0. M. Doyle
be, and they are hereby, appointed Special Com?
missioners (o select a proper site, and locate and
erect a Court Hou.-e and Jail for Oconee District,
which location shall t>e either at the Town ol Wal?
halla, or at soioe point on the Blue Ridge Railroad,
between that place and Perryvillc, and for I he pur?
pose of erecting said Court House and Jail, said
Commissioners are hereby authorized, if sufficient
contributions and means cannot be otherwise rais?
ed, to purchase in the name of the State so much
lands not exceeding the amount limited to Pickens
District, as they shall deem necessary, and to lay
out, sell, and convey 'he same, as the Commis?
sioners for Pickens District are authorized to uo;
the proceeds of said sale, alter paying lor the lands
purchased, to be applied by said Commissioners to
the erection of a Court House aud Jail lor said
District, which shall be completed as soon us prac?
Sec. -1. That the two Boards of Commissioners,
acting together, are hereby authorized to sell the
present Court House aud Jail, with the public
grounds of Pickens District, and convey the same
iu the name of the State, upon such terms as they
shall deem most desirable ; the proceeds of said
sale to be equally divided between the two Boards,
and applied by them to the erection of the new
buildings for their respective Districts; Provided,
that the present Court House and Jail shall be
used for the two Districts until new Jails are
erecte<? ami some convenient arrangements, tem?
porarily or otherwise, fur holding the Courts sep?
arately at the new locatious, as to oue or both,
shall have beeu made.
Src ?. That it shall be the duly of the said
Boards of Commissioners to report their action
respectively in the premises, to the first session of
:he Legislature that shall assemble by authority of
the Constitution adopted by the Convention, and of
the said Legislature iu the same session lo perfect
the division, and complete the organization of the
said Districts of Pickens and Oconee, as the other
Judicial and Election Districts ot the Stale.
-.- ? -
It will be remembered that two or three weeks
ago, a resolution passed the United States House of
Representatives, directing the Judiciary Committee
to inquire into an alleged report that one of the
Supreme Court Judges had expressed an opinion,
ic private conversation, that the Reconstruction
Acts of Congress were unconstitutional. The
wording of the resolution left no doubt as to the
intention of the House, in the event that the report
wna substantiated. Justice Fieui was the officer
against whom this summary proceeding was insti?
tuted, and his impeachment was freely predicted.
It now appears that the action of the House was
premature, and that another gentleman was mis?
taken for Justice Field. But the sequel is
even more interesting, as will be seen by the fol?
lowing extract from the Washington correspondence
of the Baltimore Sun :
??It seems the Radicals of the House have dis?
covered they were a little fast iu rushing throuirh
the resolution looking to the impeachment of one
of the Supreme Conn Judges, supposed to be Jus?
tice Field, for expressing au opinion on the con?
stitutionality of the Reconstruction acts. As has
been stated, it seems it was a case of mistaken
identity. At a private dinner, a few days since,
Justice Field, who was one of the invited guo?ts,
was compelled to absein himself by reason of in?
disposition, and the seal at the table which was as?
signed to him was occupied by a noted Democratic
politician. This gentleman denounced the Recon?
struction acts, and affirmed their unconstitutional!,
ty. and his remarks were repeated outside by one j
of the guests, and erroneously attributed to the i
Justice in question. The majority of the House (
Judiciary Committee now want to ask to he.dis
charged from the further consideration of the sub?
ject, but the Conservative members of ihc commit?
tee insist on pursuing the investigation. The reso?
lution names no particular Judge, but call? lor an i
inquiry as in whether any of I hem have expressed j
opinions on the Reconstruction acts. It is alleged I
that Chief Justice Chase has repeatedly, in both 1
public and private, declared thai >lie Reconstruc?
tion nets are constitutional. Senator Trunibull,
on the firs! day of the reconstruction deflate in the
Senate, became absolutely furious on this subject,
and frantically exclaimed that any justice of the
Supreme Court who was giving his opinion in ad
vauce of the legislation nl Congress was 'infamous,
and ought to be impeached.' The Conservative
members, therefore, maintain that if, wktlo lUvn?
nets are pending in the court, the justice who pre?
maturely pronounces them unconstitutional is lia?
ble to impeachment ; then the justice who pro?
nounces them to be constitutional is equally liable
to be impeached, and they consequently insist that
the investigation shall be carried on so as to ascer?
tain all the facts bearing on the matter."
For the Anderson Intelligencer.
The citizens of this State may differ as to many
' matters of public policy, but we venture the opin
| ion, thnl all will agree in the present necessity, for
I a simple and cheap form of government. The
civil government of the State has long been too
cumbrous and expensive for the population and
wealth of the area. For the last two years it ha9
been .onerous and burdensome, and unless greatly
reduced in its expenses, will soon become insup?
portable. The Executive Department ia as simple,
and perhaps as economical as can be maintained
with proper respectability. The Legislative De?
partment, measured by the population and wealth
of the area, is on too large a scale, and should be
cut down with a free hand. The grent State of
New York, with her immense population and large
taxable property, boasts of no larger number of
Representatives, in the popular branch of the Gen?
eral Assem'bly, than this State. Now we suggest,
that a State, small in area, meagre in population,
and impoverished to such an extent, that the light?
est tax pinches, should not be ambitious, or osten?
tations, in a form of government. A small, com?
pact legislature, consisting of about one-half the
present number, would he, certainly, more sym?
metrical and becoming, and just as eflicient. And
then the expense. If eleven dollars per diem, even
in bills receivable, is a fair estimate of the value of
legislative ability and services, the number should
be small indeed. In many countries, (hough in
better days, such appointments were considered
sufficiently honorable to induce good men to serve
without looking to the compensation ; and even
now that compensation should never exceed a
pr?per allowance for reasonable expenses. But,
if the Legislative Department was carved out for a
respectable State, what-^liall we say of that other
department, which looms^ijp in all its magnificent
amd costly proportions?the Judiciary.
Commencing with the ancient and honorable in?
stitution, "a justice of the quorum," and running
up by steady gradation to that much awe-inspir?
ing "Court "of Errors."
Of Justices, or Magistrates, as now termed, we
have one iu each beat company, in every District
in the State, and two in each corporate town?a
goodly number fur the administration of justice in
a small way.
The District Court, with n full grown judge in
every District, and part of an old-fashioned jury.
The Court of Common Pleas and General Ses?
sions, presided over by five Judges, with a long
train of Grand and Petit Jurors, Sheriffs, Clerks.
Constables, fie., &c, ?c.
The Com t of Equity, .with three Chancellors in
the Stale, and a Commissioner in each District.
The Cuiirl of Appeals, consisting of three
And lastly. "The High Court of Errors,"' con?
sisting of eleven Judges, being the Law, Eqttity
and .Appeal Judges combined.
One hundred .Magistrates and forty-one Judges,
for a little corporation, whose people cannot pay
three hundred thousand dollars taxes, per annum,
without compulsion!
Now, we have never been able to learn precisely
what, the administration of justice through these
Courts eosts the people each year, but wc would
modestly guess some two hundred thousand dollars.
Enough machinery and enough money to sustain a
very respectable judiciary in any country. Indeed
wc have read of some full sized Governments that
had not much more revenue.
It is hard to part with all this glory, but grim
necessity stares us in the face, and many of our
luxuries will have to go, even that of the law. A
very small, simple, cheap concern, will now an?
swer all our wants. Tho Justices of the Quorum,
with jurisdiction to twenty dollars, in civil matters,
as much as one man out/hi, to decide, according to
the constitution, and about seven Judges in the
Stale, will be fully able lo do all the business like?
ly to come into the courts, under the changed con?
dition of tho people. Let the Law and Equity ju?
risdictions be blended, the State divided into six
or seven circuits, the Judges hold three terms of
court each year, and meet together twice each
year lo near appeals, and you will have a simple
and efiicictil Judiciary system, and one which can
and will administer justice wiih despatch and
proper economy. This opinion is based upon the
decrease of business, from the loss of property and
impoverishment of the country. The credit sys?
tem is effectually destroyed, the negro, a most pro?
lific source of litigation is now a citizen, titles to
land surely settled in a great measure, anil there
can be but little left, to amuse or interest the
courts. Of course, the accumulations, now on the
Dockets, involving transactions before and during
the war, and the thousands of cases of like charac?
ter still to pour in upon the courts are not taken
in this calculation. If these and kindred matters
are to be settled in our courts, then, it would occupy
thetimeof more than all for a scries of years, and
the costs, charges and expenses of collection would
amount to far more, than the whole sum realized in
the end.
Cannot some scheme be adopted for the settle?
ment of these old debts without a resort to the
courts. Surely there should be a spirit of com?
promise manifested by creditors and acceded lo
by debtors, which would result in benefit to both.
The creditor should remember that he was a party
to the legislation which destroyed property in
slaves, without compensation, and should be will?
ing to bear his share in the loss.
common sense.
The convention assembled at 12 M. Prayer
by Itcv. L. P. Smith, of New York. The roll
was called and journal read.
The convention proceeded to the consideration
of the special order for twelve o'clock, namely,
the report ot? the Committee ou the Hill of Lights.
11. O. Duncan, of Newberry, moved to strike out
from the first section the words " born free and
equal," so that it would read "all men arc en?
dowed by their Creator," &c.
lie said that until a man became of age he cer?
tainly was not free; consequently the statement
was not true, and he wished to sec nothing iu the
constitution that was not literally correct.
J. J. Wright replied that the language might not
be literally true, bill it the gentleman from New?
berry was a philosopher, or knew anything about
moral philosophy, he would recognize the fact that
all nicti were undoubtedly born free and equal,
and possessed ol certain inalienable rights.
Mr. Duncan said he agreed that all men should
hnve eqtti'l rights. It was only the peculiar phra?
seology lo which he objected. The words " born
free and equal " were wrong.
IL F. Randolph wondered how anybody could
question the phrase. Physiologically speaking,
inen were not born free and equal. Some are tall,
others short ; some buve good sense, others have
not : some are born with big feet, others have lit?
tle feet; bill tho founder? of the government un?
derstood ihut, in a political sense, all men were in?
deed tree and equal, and endowed with certain !
privileges which they are lo enjoy.
C. C^ Uowen offered the following amendment as \
u Substitut? : " All meu am horn eu,unlry Ires and '
indepcndcut, and have certain natural inherent
ll. F. Windemere finid he would like to ask the
mover of thc above how people aro born indepen?
dent. All men are born free and equal politically,
and, whatever may be. thc aspirations or qualifica?
tions of individuals, they are entitled to the priv?
ileges enjoyed in common.
G. Lee moved to lay the amendment? on thc ta?
ble, and the motion being agreed to, the question
recurred in passing thc first section lo its third
reading, and it was decided in the affirmative.
Section li was read, on motion of B. 0. Duncan,
modified verbally, and passed to its third reading.
Section 3. 15. 0. Duncan offered as a substitute
the following:
" All political power is originally invested in
and derived from thc people, and all free govern?
ments arc founded on their authority and institu?
ted for their pence, safety and happiness."
B. F. Whitemore contended that thc amend?
ment changed the entire character of thc section,
which declared the right of the people at all times
to modify their form of government.
A motion was made to lay thc amendment on
thc table, whereupon the President explained that
such a course was unparliamentary unless it was
designed to carry with il thc original proposition.
The proper way to get rid of an amendment was
to vote it down.
Mr. Duncan urged that as the idea was already
expressed in the Bill of Bights, its repetition was
C. C. Bowen favored the amendment. Ile said
that it was upon the identical phraseology or sec?
tion .1 that the discussion and difficulty arose which
led to the war, and he saw no object in perpetua?
ting it in the forthcoming constitution, lt was
known as the Stales Rights clause, characterized
as such, and, in nearly al! of the constitutions late?
ly formed, had been left out.
J. El. Joules considered the section ns it stood
revolutionary. No clause ought, to exist in tba
constitution upon which can be raised a question
as lo the paramount authority of thc United States
A.. J. Ransier (colored) said the Dill of Rights
expressed and embodied tIiis idea. The right of
secession was denied in lalo. Thc section in (ines
tion simply provided that the people may at will
modify and change their form of government.
Further discussion followed nt some length, and
the amendment being voted down, section ?J passed
to its third rending.
On motion of F. J. Moses, Jr., the vole on Sec?
tion 2 was reconsidered, for tho purpose of making
thc following substitute, which, after debate, waa
agreed to : "Slavery shall not exist in this State,
neither shall involuntary servitude, except as pun?
ishment for crime, whereof the party shall have
been duly convicted."
Section 4 was read and passed to its third read?
ing without objection,)
Section ? was amended, on motion of G. Pills?
bury, by the insertion of thc word "shall" as a
substitute for "ought to," as to make it read that
" all nttempts to dissolve the Union shall be re?
sisted," fcc.
Discussion ensued on an amendment by F. J.
Moses, substituting thc words "disconnect from "
for the word " dissolve " but the motion was not
agreed to.
Seel ions ? and 0 then passed to a third reading.
C. C. Uowen moveil to strike nut the section 7
on thc ground of superfluity, and after considera?
ble debate thc motion was agreed to.
Section 7 was passed.
Section 8 was also thc subject nf considerable
debate, pending which the couvention adjourned.
twentieth pat.
Thc convention assembled at 12 M. Prayer by
Rev. - Harris.
Leave of absence was granted L. Boozer, so that
he might attend to his duties as District Judge of
F. J. Moses moved that thc President be re?
quested to luke ?lieh step" as may bc necessary to
correct tho inaccuracies in the journal from day to
day. Agreed lo.
After discussion and attempted amendment, thc
report of the Committee un Unies and ll emulations,
fixing thc hours of session hereafter between half
past 10 A. M., and half past 2 P. M., was adopted.
On motion of ll. C. lie barge, thc convention re?
solved ?is'jir into Committee ot lite Wintle (?!. M.
Kui land in the chair,) and took up fir considera?
tion thc unfinished business of yesterday, being
thc ?)lh section of the Dill of Hight*, which reads
as follows :
Skc. !). In prosecutions for the rublicalion bf
papers invest ?gilling the official conduct of officers
ormcn in public capacity, or when i he mailer pub?
lished is proper for public information, ide irti'ih
thereof may be given in evidence; and that i;i nil
indictments for libel, the jury shall have lite right
to determine the law and thc facts under the di?
rection ol the court.
C. U. lloweo made a strong speech in favor of
the seel ion as ii reads, and quoted largely from le?
gal decisions in support of the proposition. The
following extract from nu opinion by Judge Story,
in thc case of the United States va. Dallis, reported
in 2d Sumner, p. 2lt), will alford au idea of the
general line of argument of the speaker:
" Before I proceed." said the Judge, "to thc
merits of this case, 1 wish lo say a few words
upon a point suggested by thc argument of the
learned counsel for the prisoner upon whieh I
have had a decided opinion during ide whole of
my professional life, lt is that, in criminal cases,
and especially in capital cases, juries shall jutiga
thc law as well as the fact. More opinion is thal
juries arc no more judges of thc law in capital or
other criminal cases than they are in any civil
case tried upon a general issue. In each ot these
cases their verdict is necessarily based upon thc
law and tact and include both. In each they have thc
physical power to disregard lhe law as laid down
by the court ; bul I deny that in any ease, civil ur
crimina!, they have amoral right lo decide the law
according to their own notions or pleasure. On ihe
contrary, I hold it to be the most sacred constitu?
tional right of every party accused of crime that
the jury should respond as to the fact and report
as to the law. lt is the duty of thc court to in?
struct thc jury ns to thc law. It is thc duty of th?
jury to follow the law laid down by thc court.
Mr. Bowen also showed that what was kuown as
Mr. Fox's libel act, passed by the English Parlia?
ment, only proposed lo give to the jury what was
proposed in the Villi section, and that it hail been
incorporated imo three-fourths of thc constitution
of thc United Slates.
J. S. Craig, of Collelon, moved that Section 0
bc stricken out in tolo.
Dr. A. G. .Mackey, delivered a lengthy speech,
and in conclusion offered the following resolution:
Resolved, That thc committee of the whole now
risc and report that they have had thc ninth sec?
tion under consid?rai ion, and recommend that the
words " have the right to determine ll^luw and
facts under the direction of the court " bc stricken
out, and these words be inserted, " ihc jury shall
bc judges of the law and fact."
Thc resolution was agreed to, the commit tee
rose, reported progress, and thc convention adop?
ted its report.
Willi but slight amendments, most of them ver
bnl in character, the convention then passed sec?
tions ten, eleven, twelve, thirteen, fourteen, fifteen,
sixteen and seventeen, and thc hour of 3 having
arrived, adjourned to meet this morning al half
past 1U o'clock.
The S?tern ern Ci-i.tivator for February has
been received, and we arc glad to notice that thc
ucw conductors are maintaining its long established
reputation. We send this journal to our subscri?
bers at Si.?O per annum.
MA RUI F.D. on thc 24 th of Dec. 1 SOT, at thc
residence of thc bride's father, hy Uev. 1). Hum?
phreys, Mr. McDl'FFiE CoTHUAN, of Abbeville, and
Miss Martha McClinton, of Anderson.
lty the same, on the (iib February, 18GS, Mr.
Jamkh Gii.mek and Miss Martha Nonius, daugh?
ter of ('apt. P. K. Norris, all of Anderson Dist.
ftljc |H;irIicfs.
Anderson, Fehrunry ll.?Cotton market active I
and firm ; lol to Hi.
Auo[-sta, February 10.?Colton market firm;,
eales 700 bales?middling 18J.
Charleston, February in.?Cotton quiet ami 1
unchanged: sales 4,500 bnles?middling li?.
New York, February 10.?Cotton activo and j
firmer; enies 4.fOU bales nt 20 to 2U$. '
Burning Bush Chapter, No. 7, K.-.A.-.MV.
BUSH CHAPTER will be held in the Chapter I
Room on MONDAY NIGHT, March 2, 1808, at j
seven o'clock Companions will assemble with?
out further notice.
By order of the M.-.E.-.II.-.P..
Feb. 5, 1808 33 4
IIIKAM LODGE, No. 68, A/. F.\ M.\
LODGE will be held in the Lodge Room on SAT?
URDAY, March 7, 1808, at 10 o'clock, A. M.
Brethren will take due notice anu govern them?
selves accordingly.
By order of the W.?. M.\
Feb. 5, 1808 33?4
New Advertisements.
White Lead I White Lead!
1 fiflfl EES. of various brands of White Lead.
-L?UUU prices ranging from 8? to 2U cents
per pound, for sale at
Feb. 12, 1868 34 2
ALL persons having demands against the Estate of
Phebc Martin, deceased, are hereby notified to
present them to the undersigned, properly attested,
on or before the loth day of March next; and all
persons indebted to said Estate must make pay?
ment immediately. R. G. MARTIN, Adm'r.
Feb 12, 38C8 C4 3
Estate Notice.
PERSONS having demands against the Estate of
Thomas B. Burriss, deceased, will present their
claims, properly attested, to the undersigned, with?
in the time prescribed by law, and those indebted
to said Estate arc notified to rrake payment imme?
diately. JOHN B. WATSON, Adm'r.
Feb 12, 1808 34 3
No. 7 Granite Row,
STOCKS, Bonds. Gold and Exchange on New
York and Charleston, and uucurreut Bank Bills
bought and sold.
State money always on hand for sale. Buy to
pay vorn Tax Ks,
Feb 12, 1808 34
BY virtue of a writ of Fieri Facias to mo directed,
issuing out of the United States Circuit Court for
the District of South Carolina, I will expose to
sale to the highest bidder, at public outcry, at An?
derson Court House, between the hours of 12 and
1 o'clock, in front of the Court House, on the
SECOND DAY OF MARCH NEXT, all that plan?
tation bounded hy lands of Jasper Williams. Nitn
rod Smith, Robert Steele and Samuel Williams,
300 acres,
More or less. Levied on as the property of Sam?
uel Craig. at the suit of Charles G. Wynne.
Conditions Cash?purchaser to pay for title and
stamps. J. P. M. EPP1NG,
U. S. Marshal.
Feb 12, 1SC8 31 3
BY virtue of various writs of Fieri Facias to me
directed, issuing out of the United States Circuit
Courts for the Districts of South Carolina, 1 will
expose to sale to the highest bidder; at public out?
cry, in front of tili? Court House at Anderson, be?
tween the hours of 12 and 1 o'clock, on the FIRST
Lot, containing
7 1-2 ACEES,
More or less, now occupied by Elijah V?'. Brown,
and bounded on the West by McDuHie street.
Levied on as the property of Elijah W. Brown, at
tiie suits of James Hazlcll & Co.. and others.
Terms Cash?purchasers to pay for title and
stamps. J. P. M. EPPING,
United States Marshal.
Feb T2, 1808 31 :5
Thomas A. Sherard and David J. Shernrd, Appli?
cants, vs. Joseph O'Uriant. David O'liriant, Jes?
se O'Brianl and others^ Defendants, legal heirs
and representatives of Jesse O'Briant, dee d.
IT is, therefore. Ordered, That they do appear
ami object to the division or sale of the Real Ins?
tate of Jesse O'Briant, sr., deceased, on or before
tho 25th day of March next, or their consent to
the same will he entered of record.
Given under my hand and seal this 10th day of
February A. D. 1808.
34 G
WHEREAS, Harrison Long has applied to me for
Letters of Administration on the Estates of A. F.
and T. W. Long, deceased:
These arc therefore to cite and admonish all and
singular the kindred and creditors of said deceased,
to be and appear at my ofiiceon February 20, IStiS,
to show cause, if any they can, why said Adminis?
tration should not be granted.
Feb 12, 1808 34 2
Come and Get the Worth
your mon:
E. WEBB, Agent,
IS now opening a wcll-selcctcd stock of Goods at
Dr. Milford's,
Consisting of
Together with everything usually kept in an up
country store.
He asks the patronage of his old friends on
Rocky River and country around, to give him a
call. All kind produce taken in exchange for
Fab 12, lSf.S 84
sheriff's sale.
BY virtue of writs of Fiera Facias 10 me directed,
I will expose lo sale on Saleday nest, at Anderson
C. iL, I lie following tracts of laud and personal
property, to wit:
Tract No. 1, containing 59 acres, more or less,,
adjoining lands of E. J. .Major, Tlios. Erskine and
ot tiers, levied on as the property of John M. El?
gin, at the suit of J. B. McGee, late Sheriff, for
the use of Jesse W. Norris.
Tract No. 2, containing 288 acres, more or less,
on waters of Beuvcrdam creek, adjoining lands of
Jeremiah Smith. Wm. Duckworth and others, le?
vied on as the property of J. W. Giiyton, at the
suit of S. J. Slomnn and others, for the usa of
Satn'l. Drown, jr.
Tract. No. 8, containing 2WJ acres, more or less,
on waters of Beaver creek, hounded by lands of
James Crawford, John Clinkscales and others, le?
vied on as the property of B. A. McAlister, at the
suit of Dr. VV, J. Miilford and Z. Hull, Adru'rs.
Tract No. 4, containing 140 acres, more or less,
on waters of Cox's creek, adjoining lands of Dr.
A. I*. Cater, Mrs. Hammond and others, levied on
as the property of lteuben Hichey, at the suit of
M. W. Erskine, and others.
Tract No. 5. containing '.a) acres, more or less,
on waters of Brushy creek, adjoining lands of Joel
Ellison, John Sit ton and others, levied on as the
properly of Franklin Wynne, at the suit of T. P.
Tract No. C, containing 150 acres, more or les9,
bounded by lands of J. E. Adger, G. K. Cherry
and others, levied on as the property of E. ML.
Cobb, at the suit of John B. Harle.
Tract No. 7, one Improved Lot in the village of
Peudleton, adjoining lots of Episcopal Church Jot
and others, levied on as the property of E. M.
Cobb, at \\\?. suit of John li. Earle.
Tract No. 8, one Improved Lot in the village or
Pendleton, containing 12 acres, more or less,
bounded by lots of Mrs. Daniels, Mrs. Adams and
others, levied on as the property of E. M. Cobb,
at the suit of John D. Earlc.
Tract No. 9, containing 1184 acres, more or
less, bounded by lands of Moses. J. Dean, Z. Gen?
try and others, levied on as the property of John
T. Dean, at the suit of Mary II. Sloan. Adm'rx.
Tract. No. 10, containing S7 acres, more or less,
bounded by lands of G. W. Belcher, Phillip Cromer
and others, levied on as the property of B. A. Mc?
Alister, at the suit of Dr. \V. J Miilford and Z.
Tract No. 11, containing 75 acres, more or less,
on waters of Ilcncojp creek, bounded by lands of
George W Cor and others, levied on as the prop?
erty of Wm. W. Towucs, at the suit of C. W. Cle?
ment, for the use of IJ. F. Cray ion.
Tract No. 12, containing.250 acres, more or less,
adjoining lands of H. B, Davenport, Mrs. Brea
zcale and others, levied on as the property of Ira
C. Williams, at the suit of Sjt'.muel Brown, jr.
Tract No. 13. containing 27 acres, more or less,
bounded by lands of A. M. Holland. John Glenn,
and others, levied on as the property of Wm. P.
Brown, at the suit of S. E. i: J. B. Moore.
Tract No. 14, containing (i"> acres, more or less,
adjoining land.- of Estate of Charles Ilaynie. dee'd,
Win. M. Buchanan and others, levied on as the
properly of Samuel G. Earle, dee'd, at the suit of
Wm. Whalcy.
Tract No. 15, containing 110 acre?, more or less,
adjoining lands of F. S. Hull and Mrs. Waters and
others, levied on as the property ot D. L. Hall, at
the suit of Allen Bavksdnle and wife.
Tract No. Hi. containing 2S? acres, more or less,
on waters of Three-and-Twenty creek, :w!joining
lands of Thomas Dickson, Dr. Jenkins and others,
levied on as the property of T. J. Pickens, at the
suit of John B. Earle,
Tract No. 17. containing 106 acre, more orTess;
on Pickensville Road, hounded by .amis of Rich?
ard Davis, Wm. Orr and others, levied on as the
property of Alexander Moore, at the suit of the
Stale for Tuxes.
Tract No. IS. containing ~'Z act es. more or less,,
adjoining lands ot Reuben CliuUscalcs, Mrs. Mar?
tha llank^ and others, levied on r.s the property of
Stephen Hanks, at the suit of J '?; ,?t S E Moore.
One Buggy, levied on as th* property of B. A.
McAiisier. at the suit of Dr. W. J. Miilford and
Z. Hall. Adtn'rs.
One two horse Wag?n. levied on as the property
of Wm. P. Saylors, at the s;:it ? >:' Kliiis ?. I'ruit.
In lots No. 1, 2, 4. ?">. 12 if.. IS. the exemptions
allowed by General Unter No. l.'{| wil! be reserved.
Terms Cash. WM. McGCKIN. s.a.h.
ordieXry's sale.
P.Y vir!tie of an order from Roben .Tunkin. 0. A.
D. . I will expose lo sale on Sftlcdny next, within
the usual hours of sale, at Anderson C. 1!., the
following tract of land, to wil:
Situate in Anderson District, ort waters of Six
and-Twenly Mile creek containing 2";il acres. ir>ore>
or less, adjoining lands of Gen. J. W. Harrison,
David Morris and others. Sohl for the benefit of
the creditors of the Estate of James Morris, dee'd.
Terms?Onacrcdit of twelve months, with inter?
est from day of sale?purchaser giving bond with
good security, and a mortgage of the premises to
the Ordinary for the payment of t he purchase mon?
ey?the purchaser to pay tor all necessary stamps.
WM. McGUKIN, s.a.I).
Feh S, 1S6S 3d
ALBION PltEMlU?S F?ll 18(38.
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