OCR Interpretation

The Charleston daily news. (Charleston, S.C.) 1865-1873, February 11, 1870, Image 1

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

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026994/1870-02-11/ed-1/seq-1/

What is OCR?

Thumbnail for

irr^T TTUff IT_N?TMRER 1259.
Kew Rail Projects-Charleston ?nd Co?
lombia to have a more Divert Connec?
tion-Tbe Circuit Judge Contest-Pro?
bable Removal of J ucl gr Thomas, &c.
COLUMRIA, February 10.
In thc House, thc Judiciary Committee re?
ported favorably on a bill to amend an act to
incorporate tho Charleston Coard of Trade. It
was read for the lirst time.
A bill was introduced by Purvis to authorize
and empower D. Jacobs to carry on the busi?
ness of loan office in this State; by Wooley, to
authorize the Governor to place lightning rods
on the State capitol and Governor's residence;
by Brodie, to au tho rizo the adjutant-general
to appropriate the Military Hall, ol' Charleston,
. as^i State armory.
Only seventeen sections of the new Code re?
mains to be read.
Crews gave notice of tito following bills : To
repeal thc charter of the Town of Laurens; to
charier a railroad from Columbia to Charles?
ton by thc shortest aad most practicable route.
The bill to authorize the extension of the
Charlotte, Columbia and Augusta Railroad to
connect with the Greenville and Columbia
Railroad, waa passed and ordered to be en?
The Senate, in executive cession to-day, con?
firmed T. K. Sasportus ?ts treasurer of Orange
burg County, vice John ?. Mount, removed;
David Sanders, as treasurer of Ocoaae County,
vice S. J. Herndon, removed; Edward Living
ton, as treasurer of Chester County, vice J. A.
Graham, removed.
A caucus will be held to-night in thc State
Bouse to bear speeches from candidates for
judge of the Fifth Circuit. Melton has the best
The following bills received their second
reading: Bill (by Committee on Railroads) to
provide a remedy against charges for trans?
portation conveyance, or to an excess of lim?
its prescribed by statutes, and to declare the
proper construction thereof; joint resolution
(by Committee on Finance) to authorizo the
State Treasurer to reissue to Alexander
Robertson, J. F. Bleaklock and E. li. Coach?
man, or their assignees, agents or attorneys,
a certain certificate ot stock; bill (House) to
amend tho charter of the Granitcville Manufac?
turing Company ;bill (House) to alter and amend
an act entitled "An act to alter and amend thc
charter of thc City of Greenville;" bill (House)
to incorporate the Wide Awake Fire Engine
Company, ol Sumter, S. C.; bill (House) to in?
corporate the Grove Station Bridge Company;
bill (by thc Cornmitt"C on Finance) to amend
an act entitled "An act to fix thc salary and
regulate tho pay of certain officers."
The following wore adopted : Joint reso?
lution (by Committee on Railroads) to au?
thorize the Attorney-General to institute pro?
ceedings against the South Carolina Railroad
Companyfor violation of its charter; report of
joint committee, appointed at thc regular ses?
sion of the General Assembly by virtue of a
concurrent resolution, agreed to March 12,
1869, and in accordance with section 5 ur an
act entitled "An act to regulate the manner of
keeping and disbursing funds by certain offi?
The Judiciary Committee have reported un?
favorably upon a bill to exempt manufactures
from taxation for five years.
Wimbush Introduced a resolution instructing
the Judiciary Committee to inquire whether
the Judge of the SLxth Circuit (Thomas) lived
in thc circuit. An attempt will bc made to
remove him.
Cain Introduced a bill to Incorporate the Ply?
mouth Congregational Church, of Charlestor
The Labor Rill-Ra il road Guarantees
The South Carolina Railroad.
COLUMBIA, February 8.
The special order for to-day, in thc House,
was a bill (and a substitute) to amen-1 an act
entitled "An act to provide for the appoint?
ment of a land commissioner, and to define
his powers and duties." Without much dis?
cussion it was made the special order for n?xt
Saturday. What will bethe late of thc bill
cannot be stated with any degree of certainty.
Leslie Ls very much interested in it, and yes?
terday was circulating freely about the House
-evidently lobbying a little. If the bill pass,
and he faiL to get his friends on the advisory
board, he will have to retire from the com?
mission. There is a strong desire on the part
of the members to remove tho erratic senator;
and unless he exert himself, his commission
and commissions will know him no more
In the House, to-day, the resolving clause of
the joint resolution authorizing the Governor
"to appoint contract agents or supervisors for
each county ot thu State, whose duty it shall
be to furnish all persons wishing to contract
with proper forms, showing clearly the obliga?
tions of employer and employee," was stricken
out-and thus thu resolution falls to the
In the House, to-day, Tomlinson introduced
abill to authorize a certificate of thc discharge
of the State from its liability, by reason of the
guarantee of certain bonds, on the cancellation
of the same. The preamble recites that as "the
(j&te hath, vader several acts ot' thu General
Assembly, authorized the guarantee of bonds
of several railroad companies incorporated by
the State, some of which bonds so guarauteed
have fallen due, and it is important to said
companies, as well as beneficial to the State,
to facilitate the withdrawal of said bonds
and tho release ol' the State from such
guarantees, therefore, ne it enacted, that
whenever any railroad company ot this Stale
whose bonds have buen gnunu.tced by the
State under auy act of the Legislature, shall
present lo the Comptroller-General any of thu
bonds which have been so guaranteed duly
cancelled, he shall give such company a cer?
tificate or acknowledgment on the part of the
State as he may deem necessary and sufficient
to show that such company has been discharg?
ed Irotn the liability by reason of such guaran?
tee, and that thu lien held by thu Stole ou the
property of such company as a security against
such guarantee hos been released and dis?
charged to thu extent of thu bond or uouds
which have bei n cancelled as aforesaid."
To-day the Committee on Railroads made
the following report:
The Commut?e on Railroads, to -whom was rc
. ferred the letter or George Alden, merchant, of
Camden, together with the accompanying docu?
menta, beg leave to report that they have sub?
mitted thu same ro the attorney-geueral for his
opinion and advice. Thu committee herewith
present the reply of the attorney-general, togeth?
er with abill prepared by thu attorney-general,
with a view to declare the law more unequivocal?
ly, and to faciliuite the recovery ot uulawful
charges collected by railroad companies.
The committee also beg leave to report thc fol?
lowing Joint r?solution, ar.d recommend its pas?
Ecsolve?, by the Senate aud House of Represen
fatives of rho State or South Carolina, now met
and sitting in General Assembly, and by the
authority of tho same. Thar, th?- Atttorncy-General
be, and he Is hereby required, with the least prac?
ticable delay, to institute such proceedings In tho
courts of this State, asm his judgment., may bo
necessary to enforce the provisions of Section "o
of "An act to incorporate the Cincinnati 'and
Charleston Railroad Compauv," passed December
19, 1S35.
COLUMBIA, s. c., February 4, ISTO.
7i) lien. c. J\ Leslie, chairman Senate Contrail
tee vii Kai trolls: ^
Sin-I have been for several days in receipt or
your official note referring tonie for my advice
?ndopiuiou certain pupers connected with
chames made by George Alden, merchant of
Callide.:, of unlawful and oppressive collections
for freights by thc South Carolina Railroad Coir
1 have now the honor, af tho earliest practica'
ble moment, to reply to your note, and especially
to your inquiry whether tho trouerai Assembly can
properly take action, and ir so, v;hat action in
rebel' ol' alleged pricviinee ?
The ac: or 1S35. section -20. provides "That the
said company shall nave mc exclusivo right of
transportation; conveyance of persons, goods,
merchandise and produce over thc said railroad
and its branches, by them Constructed: Provi?
ded, thc charge or transportation or conveyance
shall not exceed thirty-live cuts per hundred
pounds on heavy arricies, und icu couts per cubic
root on articles or measurement ror every hun?
dred miles, uud live cents a mue for every pas?
This proposition is in full force as Tar as relates
to mc Camden branch, though Otherwise some?
what changed. If tue facts set. forth lu Mr. Al*
den's statement arc correct, the freight paid by
him to thc South Carolina Railroad Company for
transportation of goods from Ringville to cu?n
den, a distance of about thirty-seven miles, arc
greatly beyond the limits fixed by thc act: and i
seems, from a careful examination of thc facts
furnished, that these charges, lu violation or the
above restraining proviso, arc nor accidental or
occasional, but are measurably nniform and form
part ol'a system. Tims, the rate paid by Mr. Al?
den, per hundred pounds, per hundred miles,
seems to 'nave varied rrut? about sixty-eight
cents to two dollars, (instead or thirty-live cents.]
yet thc most general rate will be found; upon rc
VlSing the calculations, to be about nlnciy-Gve In
lieu or thirty-live cents, the maximum prescribed
by charter. Indee', the charges showu by this
statement arc Invariably greatly iu excess or the
legal limit when thc weight ls given, and when it
is not, by comparisou with the charges from Bal?
timore to Ringville, the gros3 disproportion to
the relative distances indicate a still overcharge.
Thus, to take a few or thc last items ot the state?
ment tor illustration:
November '.23-20 kits oMlsh rrom Baltimore to
Ringville cost $4 05, while thc same articles from
Ringville to Camden cost $4
November 25-3 barrels sundries D om Baltimore
to Ringville cost $9 12, while the same articles
from Ringville to Camden cost ss 25.
November 29-2 barrels sundries l'rom Baltimore
to Ringville cost $6 O?, while the same articles
from Ringville to Camden co-t $5 50.
December IS-S barrels sundries rrom Baltimore
to Ringville cost S-t a3, while tuc same from
Ringville to Camden cost $22.
December 30-1 box merchandise rrom Balti?
more to Ringville cost 33 cents, while thc same
rrom Ringville to Camden cost 50 cents.
January S, ISTu.-1 piece and bar casting rrom
Baltimore to Ringville cost 30 cents, while thc
same rrom Riugvuie to Camden cost 50 cents.
In these cases, where the disproportion is great?
est, in general no weights are furnished, but the
conclusion that the Inuits arc greatly exceeded
may bc very safely drawn from such Lier.
Thc statement is, however, but ex parte, show?
ing, and while it exhibits prima fae'e a state or
things calling for investigation, cannot properly
Tomi the basis of any d?duite action by Hie Coi?
eral Assembly. Indeed, thc question as to ll
consequence* of such violations, as well as that
as to their actual existence, belongs to thc ju
dicial department of the government: and
?nos*, that can lie done by Hie General Assembly.
in accordance with precedent, is by thc adoption
ufa resolution, orin some other mode, lo Indicate
to the Attorney General their will that proceed?
ings be instituted in the courts ou behalf of thc
As a measure Intended to prevent the recur?
rence ot such violations Imponed by the General
Assembly in thc matter or 1 reign ts and tolls, and
similar charges, I have prepared a bill, which 1
take the liberty herewith co transmit to you for
such usc xs you muy determine to be proper.
I am, sir, your obedient servant,
Whereas, lt ls proper,; to protect the public
ngainst the cupidity of persons, natural or artifl
cud. to whom the General As-embly have given
exclusive rights and monopolies, and for such
purpose of public protection have prescribed by
act of Assembly limits to the charges to bc made
and received by such persons; and whereas, lt
may be pretended that doubis exist touching the
construction of such acts In certain particulars;
SECTION 1. Be it enacted by thc Senate and
House of Representatives or the State of South
Carolina now met and sitting In General Assem
bli, and by the authority of thc same, That where
I irfie rate of transportation, or conveyance or toll,
Kls prescribed in act or Assembly by a designation
or specification of a certain weight, size uud dis
tance, or either of them, the said act shall be
deemed and construed in all cases to apply thc
proportion thus indicated to all less weights,
sizes and distances, and to all parts and trac?
tions of these so named in said acts of Assembly
SEC. 2. That from and after thc passage of this
act, tiny sum of money paid in excess of a rule or
maximum rate prescribed or limited by un act of
Assembly of the srdd State, lor the transpon at lon,
conveyance, or toll or any goods or produce, or
any persons, passengers, or animals, shall be held
to have been extorted, and may be recovered back
by thc person paving the same, together with in
terest thereon, at lhe rate ol live per centum per
month, in au actl n for money had and received
aud that itt said action no dctcnee ol, or in the na
tnrcor voluntary payment, shall avail: Provided,
That nothing hen iug contained shall tic deemed
or constituted to supcrcQ e or dispense with any
remedy now existing, by civil, criminal, or quasi
criminal proceeding.
Th:1 liill and joint resolution were ordered to
be printed and presented (br consideration to
The bili introduced in tho Senate to-day by
Hoyt ''to vest in the cierks ol'the court alf tlie
rights, powers and duties conferred upon the
late commissioners in equity, by tho act of
December 21st. 1S70. entitled an actio provide
for tho administration of derelict estates,"
provides t it-it the clerks of courts be vested
with tho rights and powers ot'the late com?
missioner, and that the lust provision of thc
first section ot said act, to wit: That Hie
whole value ut'said estate shall not exceed the
value of five thousand dollars, be repealed,
provided that nothing in this act shall be con?
strued as eonllicting with an act entitled "An
act to designate the officers by whom sales or?
dered by the Courts ol' Common Pleas and
judges thereof, and the Courts ot' Probate be
be made," ratified thu 21st day ol' January,
Officer S. J. Coates, of Charleston, arrived
this morning, and recognized G. W.Martin,
(whowas arrested here for committing bur?
glaries in the Columbia Hotel.) as a regular
hotel thief. To-day Marlin acknowledged that
he committed the burglaries.
Thc reception at Dr. A. G. Mackey's last
night was, it is said, the best of this season
eclipsing those given by the Governor, Judge
Willard,"and others. No colored persons pres?
ent excepting bullers. &c. L.
Court-Salcs-ZJny-Planting and Ferti?
PBXOLETOX, S. C., February S.
I paid a short visit to Anderson, our thriv?
ing county seat, yesterday, Saturday. His
Honor Judge Orr is still holding court, run?
ning iuto his third week. All the dockets are
pretty well cleared, thc equity docket only re?
maining. In spite of a damp, cold dav. which
wound up in quite a snow storm, we liad a fair
turnout ol'the citizens ol' tho county. Seve?
ral tracts ol' land were sold at private and
sherill's sale, bringing moderately good prices.
The farmers are generally braking prepara?
tion lor planting for a large colton crop, and
one could hear the words Dixon, Peeler, Boyd,
L'thvan, Wando, Bough, Peruvian, ic., from
Dearly every squad of men he passed. The
citizens of this section owe a large debt of |
gratitude to Mr. B. F. Cray ton, chairman of
thc executive committee ot oar County Agri?
cultural Society, for the zeal and energy hu
has displayed in introducing and experiment?
ing with improved implemeiits of industry and
the different artificial manures. P. EL E. S.
is now prepared to furnish goo^l envelopes, with
business cards printed thereon, at $4 per thous- j
and. Scad your orders. Every merchant ami
busines? maa suo'.dd have his card printed cn his
Thc Stsprcmco Court-Thc Sew South?
ern Line of Transatlantic Steamers
<fce.. &c.
WASHINGTON, February 10.
The general bill for thc removal ol' political
disabilities reported by Butler from the Recon?
struction Committee, provides that all per?
sons affected by the Fourteenth amendment,
except officers who have been in the army
and navy, and those who I lava served in the
Senate or House of Representatives, are re?
lieved from their disabilities on taking an
oath of future loyalty, and making application
to the United States District Court. This ap?
plication is to remain on nie for thirty days,
and then, if no valid objection be made, the
judge is to issue au order relieving said appli?
cant, byTirrueof t he act of Congress, of all
the pains arni penalties of disfranchisement.
Thc objection must show cause, supported by
evidence, why the disabilities of the party ap?
plying should not bc removed, and the judge
is authorised to exorcise his discretion In the
matter. The bill besides provides that the re?
moval of disabilities shall not affect property
lost, captured or destroyed by Hie army of the
United States.
Terry and Sheridan are both at the White
In the Supreme Court, the point was argued
to-day whether the government was responsi?
ble for thc value ol' property when seized, or
only for til? amount realized and in Hie trca
In the Senate, to-day, thc Appropriation bill
to supply deficiencies In the Navy Bureau was
amended to read three millions, was passed,
and goes to the House for concurrence.
A bill was Introduced withholding grants
from agricultural colleges which make dis?
tinctions on account of color.
Thc case of Mississippi was then considered,
the debate being mainly devoted lo personali?
ties. The question before the Senate is on
admission, pure and simple. Adjourned with?
out action.
Wilson, or Massachusetts, and several other
New England senators, and three Southern
senators, will vote for Bradley. Ills confirma?
tion is becoming more probable. There is no
present doubt of Strong's confirmation.
In the House, Mr. Roots, of Arkansas, intro?
duced a bill to encourage thc establishment of
a linc of steamers to European porta, aud to
thc ports of India, China and Japan, and to
promote emigration to the Southern States.
It was referred to the special committee on
thc cause of the decline of American com?
merce and shipbuilding.
Thu Secretary of Slate was interrogated why
thc Spanish Covornrnent paid certain claims
in legal tenders instead of gold as stipulated
by the treaty or 18W.
Thc consideration of the Appropriation bill
was resumed, aflur which thc House ad?
Thc Agitation in Paris-The Govern?
ment Triumphant.
PARIS, February 10.
Thc bullion in thc Bank ol France has de?
creased one million francs during thc week.
The city is quiet. Flourens li reported to
have fled to Belgium.
The ball in the Tuileries last night was
postponed on account of the disorders. The
vigilnace of thc government ls unabated.
Thc English Tobacco Duties.
LOXDOX, February 10.
The English Government declines to promise
a reduction of the tobacco duties.
Further Details of tho Arrest of Heche
fort--The Leader of tho Insurgents
Thc Riots Discussed in thc Corps L?gis?
From the full cable dispatches published by
thc Northern papers In regard to the Paris
riots, we glean the following interesting de?
Rocliefort was arrested as he was on the
point of entering a political meeting in Ruc de
Flandre, running from Belleville lo La Vidette.
Although there was a great crowd of people
present, and mainly oi ids own partisans,
he made no resistance and no appeals lo
tile crowd. As soon as his arrest was made
known lo thu crowd, thu wildest scunu occur?
red. Gustave Flourens, who presided, rose
excitedly, drew his sword, lired his revolver,
and declared insurrection had begun. Thu
meeting broke up in disorder, and lin; crowd,
under the leadership ul Flourens, proceeded
to barricade the streets. This was accomplish?
ed without loss of time hythe appropriation of
omnibuses and other vehicles from stables in
the neighborhood. The Commissary of Police,
who, accompanied by a guard, was charged
with the duty of urreslf?ig Rochefart, was
forced ulong with the crowd and badiy mal?
The district lying between Ruc Faubourg du
Temple and lim fortifications at La Vidette, u
distance of about two miles, was in possession
of the rioters. At ll o'clock a body of police
charged the barricade in Rue de Faubourg du
Temple and attempted lo carry it, but wits re?
pulsed. One of tile commissaries was danger?
ously wounded and one policeman killed. In
other places barircadus hud also been erected,
but they were not defended. The military are
now out in force, but thus fur have made no use
of their firearms, although Lite insurgents have.
The latter had pillaged armories and lo that way
obtained their weapons. Several policemen
were wounded with these in skirmishes early
in the morning. A great number ol' arrests
luau been made. At ? o'clock this morning,
over three hundred persons had been taken
i into custody and imprisoned in the barracks.
j Many ol' them were mere boys, all armed, and
most of I hem under thu influence ol' liquor, lt
, is reported that Gustave Flourens. who islook
I eil upon as a leader of tito rioters, bus buen
arrested, bul thu report is not confirmed. He
is said to have announced to his mother, be?
fore going from home to the meeting, that if
Rocliefort were arrested shu probably would
never see him again.
In thu Corps Legisla!if, Keratry, one of the
Liberal deputies, demanded to know why
Rochelort was not arrested before bu started
fur thu political meeting, where live thousand
persons were assembled. It was not neces?
sary that this meeting should bc thus dis?
turbed, and thc people who were participat?
ing in it aroused to violence. Thu act of thu
government was thc provocation to the dis?
turbances which took place.
A member of the ministry explained that
thu authorities had rul'tainud from arresting
Rocliefort at Ihe Chambers to avoid the scan?
dal to which his arrest would have given rise.
He asserted t hat the friends of Rocliefort were
prepared to make the demonstration which
they lind made, and upon this rael Ihe ministry
would rest Hie responsibility of what had taken
place, and the country would judge between
the ministry aud the "rioters. He said there
need bu no uneasiness for thc people. The
government was animated bv the best .'senti?
ments towards them.
Tlie Minister of thu Interior followed with
the assertion that the friends of Rochefort had
determined on a demonstration had Kochefoit
been arrested at the Chambers.
Olliviur praised thu conduct of the police in
dealing willi the disorder?. Ile said they hud
acted with prudence and humanity.
Important Decision by the Ui
States Supreme Coart-Contracts I
before the Legal-Tender Lax? Pity
in Gold-Opinion of thc Court
gpntiitg Views, &<..
As has already been briefly stated i
telegraphic advices, thc case ot LTcpbun
Griswold, brought from thc Court of Ap
of Kentucky, involving the legal-tender
was decided in the United States Sup
Court at Washington on Monday. Chief
tice Chase delivered thc opinion of tho c
sustaining the decision of the court below,
holding that a contract made before the 1
tender law could not bc discharged in Ul
States notes. The opinion is very long,
discusses at great length the powers ol'
gress. It holds that Congress had no rig
make government notes a legal-tender for
existing private debts. Tt docs not toucl
question o? contracts made since elie law
passed. This opinion was concurred ii
Justice Nelson, Justice Clifford and Ju
Field. Mr. Justice Miller delivered thc
nority opinion, concurred in by Justice Sw;
and Justice Davis, holding the law to bi
tircly constitutional, treating it principan
an incident to thc war power. Tile iollov
is a full abstract of
TUE oriNios.
Thc question presented is whether or nol
payee or assignee of a note made before
25th of February, 1S32, is obliged by law t<
cept lu payment United States notes ofa ni
nal amount to the sum due according t
terms, when tendered by the maker or o
party bouud to pay it. Chief Justice Chasi
delivering the opinion, said that the ques
required in the first place a constructs
that clause of the first section ot the ai
Congress, passed on i hat day, which deel
the United States notes, thc issue of which
authorized by the statute, to be a legal ter
in payment of debts. The entire disuse i
these words: "And such notes herein ant
?zed shall be receivable in payment of all 1
es, internal duties, excise debts and demand
every kind due to the United States, exi
dulles on imports, and demands against
United States of every kind whatsoever,
cept for interest upon bonds and notes, wi
shall bc paid in coin, and shall also be Ia-,
money and a legal tender in payment of
debts, public and private, within tho Uni
States, except duties on imports and inte
as aforesaid." 12 U. S. Statutes, 315.
This clauso has aireudy received much c
sideratlon here, and this court has held 1
upon a sound construction neither the ta
Imposed by Sfate legislation nor demands u
contracta which stipulate in terms for the i
ment or delivery of coin or bullion arc
eluded by legislative intention under the
scription "of "debts, public and private." 1
court now had to determine whether this
scriplion embraces debts contracted bet?rt
weil as after the date of the act.
After referring to thc established rule in c
Staling legislative enactments, the cliiei I
tice continued: There appears to be a str!
reason for construing the word "debts" as h
lng reference only to debts contracted sut
quent to Ute enactment ol' Hie law, for no <
will question that the United States no!
which the act makes a legal tender in p
ment, are essentially unlike in nature, a
being Irredeemable In coin, arc necessarily
like in value to Hie lawful money intended
the parries to the contracts for thc payment
money made before its passage. Thc law
money then In use and made a legal tendei
payment consisted of gold and silver cs
Tho currency In use under the act. and i
dared by its'terms to be lawful, money, an
legal tender, consists of notes or promises
pay impressed upon paper prepared in ci
veulent form for circulation, and protect
against counterfeiting by suitable devices u
Contracts for the payment of money ma
before the act ol' ISO- had reference to coin
money, and could not be discharged, unless
consent, otherwise than by the tender of t
sum due. In coln. Snell contract thereto
was, In legal Import, a contract for thc pt
ment of coin.
After giving illustrations involving tho flt
tuations In value of paper currency, and t
consequent hardship ot' arbitrary and comp
sory enactments as applied to prior contrac
thc opinion demonstrates that an act cora pi
ling acceptance or satisfaction of any otb
thau stipulated payment alters arbitrarily t
terms of thc contract and Impairs its obllp
tion, and that the practical operation of su
an act is contrary to justice and equity,
follows that ao construction which attribut
such practical operation to an act of Congre
Is to bc favored, or indeed to be admitted,
any other can be reconciled with the manlfe
intent of thc Legislature.
Tlie court considers at length the probnb
meaning ol the term " debts," as intended 1
Congress, and concludes that lt is not at ll
city to say that Congress did not intend
make the notes authorized by it a legul-tendi
in payment ot debts contracted before tl
pussage of the act. This suggests the qucstic
whether Congress has the power to make noti
issued under Its authority a legal-tender i
? payment of debts which, when contracte!
?vere payable by law In gold und silver coiu.
In ascertaining the respective rights of pa
lies, continues the court, Itlrequently becomt
necessary to consult the constitution, for thor
can be no law Inconsistent with the lund:
mental law. No enactment not in pnrsnanc
of the authority conferred by it, can create ot
ligations or confer rights, for such is the 03
press declaration of tho constitution itself.
Not every act ol' Congress, t hen, is to be rt
garded as the supreme law of the land, nor i
it by every act ol' Congress that Hie judges ar
bound-this character and this force belong
to such acts as are "made in pursuance of iii
constitution." The plaintiff in the court beiov
sought to recover of tho defendants a certaii
sum expressed on the face of a promissor;
note. Tlie defendants Insisted on the rigli
under the act ol' February 25, 1862, to acqid
themselves of their obligations, by tendering
In payment a sum nominally equal in Unitet
States notes, but the note had been ex?cut?e
before the passage of the act, and the plaintif
insisted on lils right, under the constitution, U
be paid the amount due in gold and silver
and it ha? not been and cannot be denied
that the plaintiff was entitled to judgmenl
according to Iiis claim, unless bound bj
a constitutional act to accept the note.
as coin. As two questions were directly
presented: Were thc defendants relieved by
the act from the obligations assumed in the
contract ? Could the plaintiff, by a judgment
of the court, receive in payment a currency ol
different natures and value from that which
was in tiie contemplation of Hie parties when
Hie contract was made 1 the Court of Appeals
decided both questions in the negative, and
thc defendant seeks tte reversal ol' that Judg?
ment by writ of error, lt becomes oitrdul v,
therefore, to determine whether the act. of
February 25, 1852, so far as it makes United
Slates notes a legal lender in payments ol'
debts contracted prier tu Its passaic, is cou
stiitttional and valid or otherwise.
The powers ol'Congress, though extensive,
are limited by thu constitution which grants
them. The extension of tliem by implicat ion
is delicate, and may bi dangerous. AU pow?
ers implied, btit not expressly granted by that
insl ruinent, are inchided in the clause which
confers "power to make all laws necessary and
proper for carrying into execution the powers
expressly granted to Congress or vested by thc
constitution in the government, or in auv of
its departments or oflcers." And these are
limited by the reservat on to the States or to
Hie peopfa ol'all powers not conferred on Con
gross nur prohibited to Hie States.
There is no express grant of power to make
paper a legal-lender. Can it be done under
an implied power? Tie rule laid down by
Chief Justice Marshall (-1 Wheaton, 421.) i's
" 'Let the end be legitimate, let lt be within
thc scope ot the constitution, and all means
which arc appropriate, which aro plainly
adapted to that end, which are not prohibited,
but consistent willi the letter and spirit ol' thu
consiitutiun, are constitutional.' And again,
in the same opinion: 1 Should Congress, in thc
execution of its powers, adopt measures which
are prohibited by the constitution; or should
Congress, under the pretext of executing its
powers, pass laws for tlie accomplishment of
objects not intrusted to thc government, it
wuuld be the painful duty of thia tribunal,
should a case requiring such a decision come
before it, to say that such an act w.is uot thc
law of thc land; but where thc law is not
hi?lted, and is really calculated to effect any
the objects Intrusted to the government,
undertake herc to inquire into thc degree
its necessity would be to pass the line w
circumscribes the judicial department ?
tread on legislative ground.' " (Ibid, 423.)
Thc power to establish a standard ot money,
as of weights and measures, is unquestionably
ucidental to government; but the power
change the legal tender is elenrly not the same
as tho power to coin money. ' Nor is it the
same as the power to issue bill3 of credit
which Congress bas been held by this court
possess. They are issued on the credit of the
United States, and may bc issued effectually
without making them a legal tender. The dif?
ference in power is Bhown by the met th
even thc States may authorize banks of Issue
but cannot make their note3 a legal tender.
It is urged that the Legal-Tender act ls au
thorized, as Incidental to the war power, by
thc constitution, when lt grants all powers ne
Cessary and proper to carry its general powers
into execution. But how is the right to make
a new legal-tender necessary and proper tc
that, o? carrying on war? Such an argument,
proves loo much; for every other power
Congress Involves the use of money, and th
Eowor to issue legal-tenders might as reasons
ly be derived from that of opening post roads
or building postoffices, as from the war power
Nor can It be said that this ls a question solely
for Congress, and not for the courts, without
saying that Congress has exclusive jurisdiction
to doline its own powers.
Thc court then reviewed the history of the
paper currency; and said "no one questions
the general constitutionality, and not very
many, perhaps, Ute general expediency, of th
legislation by which a note currency has been
authorized in recent years. The doubt is as to
tho power to declare a particular class of these
notes to be a legal-tender in payment of pre
existing debts. The only ground upon which
this power is asserted is not that the Issue of
notes was an appropriate and plainly adapted
moans for carrying on the war, for that is ad
milted; but that the making of thom a legal
tender to the exlent mentioned was such
means. Now, we have seen that of all the
uotes issued,liiose not declared a legal tender at
all constituted a very large proportion, and
that they circulated freely and without dis
count. It may be'said that their equality In
circulation and credit was due to the provis
lon made by law for thc redemption or this
paper lu legal-tender notes, but this provision
ir at all useful in this respect, was of trlfiing
Importance compared with that which made
them receivable for government dues." The
court cannot, therefore, believe that the le?
gal-tender claim Is just Hied by the power to de
clare and maintain war, as ah appropriate and
plainly adapted means or enforcing this power
Besides, the constitution ls ordained to es?
tablish Justice. The famous ordinance for the
government of the Northwest Territory has
this passage:
"And in tho Just preservation of rights and
property lt is understood and declared that no
law ought ever to bc made, or lo have force in
thc said territory, that shall In any manner
whatever interfere with or affect private con
tracts or engagements, bona fide, and without
fraud, previously formed." The same princi?
ple found more condensed expression in that
most valuable provision of the Constitution of
thc United States, ever recognized as an effi?
cient safeguard against Intrigue, that no State
shall pass any kuv impairing the obligation of
contracts, lt is true that this prohibition Is
not applied In terms to tho government of thc
United States.
But the prohibition, In its spirit, was clearly
designed lo cover thc whole body of l?gisla?
tion in thc nation. An act made In violation
oflt, without any express grant or power, can?
not bc maintained.
.again, the Filth amendment advises that
private property cannot be taken for public
usc without compensation; and that no person
shall be deprived of Hie, liberty or property
withoul process of law. This applies lo the
general government, and ls clearly inconsis?
tent with molting a new legal-tender for ex?
isting debts. The Injury done to the holders
of such contracts ls direct and inevitable.
"No one probably could be found to con?
tend that an act enforcing thc acceptance of
fifty or seventy-five acres of land in satisfac?
tion or contract to convey a hundred, would
not come within the prohibition against arbi?
trary privation or property. We confess our?
selves unable to perceive any solid distinction
between such an act and an act compelling
all citizens to accept in satisfaction of all con?
tracts for money half or three-quarters of any
other proportion less than the whole of the
value actually due according to their terms. It
is difficult to conceive what act would lake
private properly without process of law, If
such act would not."
Judgment was, therefore, given, affirming
the decision of the Kentucky Court of Ap
Eeals: "That thc defendant In error was not
ound to receive from the plaintiffs the cur?
rency tendered to bim tn payment ef their
note made before the passage or the act of
February 25,18S2."
Thc extravagance of (he Administra?
tion-Effect of the Dawes Do . lop
mcnts-Butler as a Claim Agent-An
Enormous Dcniund Defeated-Thc Seat
of Judge Wayac on the Supreme Bench.
The watchful Washington correspondent or
the Baltimore Gazette writes :
Those who underrate the importance of the
movement of Mr. Dawes must he oblivious of
the fact that the cohesive power or public plun?
der ls the only ligament that now binds thc
Radical party together. Ben Butler came to
the relief of the administration. It is known
thal he never acts without an object. Ile has
had several jobs with gigantic prospective fees.
Mr, Dawes lias had his eye upon him. It is a
great point gained to have a watch dog, at the
proper point, competent to smell mit and
ready to expose wholesale depredations upon
the treasury. The administration is utterly
powerless except through thc corrupt Influ?
ence which the public money can purchase.
Butler's defence of Grant and Boutwell was
known to be referable to tho claims bc has
been prosecuting before the treasury. Mr.
Dawes has effectually frightened the officials,
and they dare not succumb to the enormous
demands of their champion. A pet "claim" or
his has just been rejected by the treasury In
obedience to an opinion or Attorney-General
Hoar. Butler modestly requested the Secre?
tary or the Treasury to have turned over to
bini, as chairman ol'a bogus concern called
"The Uoard of Directors ot thc National Asy?
lum for Disabled Soldiers and Sailors," the
bounty forfeited by deserters during the war,
amounting to the enormous sum of four mil?
lions of dollars ! Of course this money was
due to no one. What Mr. Butler's share in this
nefarious transaction would have been, had
lie succeeded, no man can tell. It Is enough
that the bold stund assumed by the present
"Chancellor ol' the Exchequer," nipped the
thing iu trio bud, and has lost the government
another ol Its most talented advocates. For
no one familiar with the proclivities of the
doughty Massachusetts general would for a
moment suppose that he will ever again be
found (letentting an administration that refuses
to "shell out" for whatever cause. It has
shown the white feather upon an all-important
financial measure, of tho most vital conse?
quence to their herd, and he may. therefore,
hereafter be classed with Boutwoil's most hit?
ler opponents. No wonder Hoar was rejected.
The carpet-baggers at the South have gene?
rally agreed to recommend Drake for the seat
on thc supreme bench, made vacant by the
death of Judge Wayne. He will not be ap?
pointed. This I get from a direct and trust?
worthy source. "The recommendation of no
senator who voted against Hoar's confirmation
will be so much as considered. The Attorney
General himself will designate the new judge.
So infamous have been the decisions in what
aro called "contested election cases" in the
House, that many members have been shamed
into au attempt to correct the evil. The Com?
mittee on Elections, on Friday, adopted a res
solution to present ajilll, prepared by General
Paine, their chairman, to the House, providing
for a new mode of conducting contested elec?
tion cases in the committee. The bill, which
will be offered on Monday, contains substan?
tially the poiuts as govern contested election
cases adopted by the Legislature or Pennsyl?
vania, and assigns each individual contested
case to a special committee to be chosen by lot.
Thc Sunday Herald or this city appeared
this morning tinder new auspices. It ls much
Improved, and promises to be guided by con?
servative principles. Its contents to-day are,
politically, as unexceptionable as could be ex?
pected from its editors, who have hitherto
been classed as "Republicans." This is but
another sign of thc fumbling to pieces of the
Radical organization.
[I IT majesty's Address on the Reassem?
bling of Parliament-Tac Finances
Tbc Irish Question, &C.
Tlie cable brings us the following extended
.eport of thc Queen's speech, as delivered by
:ommission on the 8th instant.
Lords and Gentlemen-We have lt in com?
mand from her Majesty again to invite you to
resume your arduous duties, and to express
mc regret of her Majesty that lier recent indis?
position has prevented her from meeting you
in person, as it had been her intention to do?
lf ou reassemble ata period of remarkable pub?
ic interest. Friendly sentiments are entertain?
ed in all quarters towards this country, and
iheso feelings her Majesty cordially rccipro
:ates. There is a growing disposion among
aations to resort to the good offices of their
lilies in cases of international difference. Thc
:onciliatory spirit in which several such cases
lave recently been treated and determined
mcourage her Majesty's confidence in the
maintenance of general tranquillity. Papers
trill be laid before yon with reference to the
recent occurrences in New Zealand. Gentle?
men of tlie House of Commons, estimates for
?he approaching financial year are In a for?
ward state of preparation; they are framed
with a view, in Hie first place, to the effective
maintenance of rue public establishments, and
(Viii impose a diminished charge upon her Ma
lesty's subjects. The condition of the revenue
lias answered the expectations, formed in the
past session. Her Majesty trusts you will be
disposed to carry into completion the inquiry
rou last year instituted into thc mode of con?
ducting Parliamentary and municipal elections,
?nd thus prepare materials useful for early
legislation. Lords and gentlemen, it will be
proposed to amend the laws respecting the oc?
cupation and acquisition of land In Ireland, <u
i manner adapted to the peculiar circumstan?
ces of that country, and calculated, as her.
"tfnjcsty believes, to bring about improved
relations between the several classes con?
cerned in Irish agriculture, who collectively
constitute tho great bulk of the people. These
provisions, matured by your impartiality and
wisdom, as her Majesty trusts, will tend to
Inspire among persons with whom such senti?
ments may Still be wanting that steady con
Qndence in the law, and desire to render as?
sistance in its effective administration, which
mark her Majesty's subjects in general. This
will aid In consolidating the fabric of the em?
pire. We are further directed' by her Majesty
to state that many other subjects of public im?
portance appear to demand your care, and
among them especially to intorm you a bill has
been prepared for tlie enlargement, on a com?
prehensive scale, of the means of national edu?
cation. In fulfilment of an engagement to the
Government of the United States, a bill will
be proposed to you for the purpose of defining
the status of subjects who are citizens of
foreign countries, and who may desire natural?
ization, and of aiding them in the attainment
ofthat object.
You will be invited to consider bills pro?
posed In compliance with the report of thc
Commission on Courts of Judicature, for the
Improvement of the constitution and proce?
dure of the superior tribunal of the original ap?
pellate jurisdiction. The question of religious
tests in thc universities and colleges of oxford
and Cambridge bas been under discussion for
manj years, and her Majesty recommends
mich legislative settlement of thc questions as
may contribute to extend the usefulness ol
these great institutions, and heighten the re?
spect with which they ure justly regarded.
Bills have been prepared for extending the
Incidence of rating, and Tor placing the collec?
tion ot large sums, locally raised lor various
purposes, on a simple and uniform rating. Her
Majcstydikewiso recommends you to under?
take an amendment to the laws which regu?
late and grant licenses for the sale of fermented
and spirituous liquors. *
Measures will be brought under your consid?
eration facilitating thc transfer of land In cases
In tcstary, amending the laws as to disabilities
of members of trade combinations, and for
consolidating and Improving the body of the
statute which relates lo merchant shipping.
While commending to you these weighty mat?
ters for legislation, her Majesty commands us
to add that the recent extension of agrarian
crime in several parts of Ireland, with its train
of accompanying evils, las filled her Majesty
with painful concern. Thc executive has em?
ployed freely the means at her command for
thc prevention of outrage, and partial im?
provement may be observed. Although the
number of offences within this class of crime
has been by no means so great as at for?
mer periods, the indisposition to give evidence
in aid of the administration of justice has been
alike remarkable and injurious. For the re?
moval ol such evils, her Majesty places main
reliance on thc permanent operation of a wise
and necessary change in the laws. She will
not hesitate to recommend the adoption of
special provisions, should such a policy appear
during the session, to be required by the para?
mount interest of pcaco and order. Upon
these and all other subjects, her Majesty prays
that your labors maybe constantly attended
by Hie blessing of God.
What Bine Neckties Cost Four Ameri?
cans-Prompt Action of thc Authori?
A Cuban telegram published in the Northern
papers says :
Sunday morning, about oleven o'clock, four
Americans, Isaac Greenwall, Henry K. Foster,
Hugh Johuson and Gardner Wells, all of New
York, were on their way to visit a photograph
gallery in Havana. They intended to have
their pictures taken, and all wore blue neck?
ties, and when near the Tacon theatre they
were stopped by a man who pointed to their
neckties and addressed the men in an excited
manner in Spanish. None of the party under?
standing the language, no answer was returned.
The unknown man then took out his revolver
and fired upon them. Greenwall was killed
and Foster and Johnson were severely wound?
ed and arc In a precarious condition. Wells,
who was unhurt, ran for his life. A number
of people followed and raised a cry of "stop
him.1' but he escaped. The wounded men
were badly treated by thc crowd which gath?
ered around them. The man who fired the
shots disappeared Immediately after, and it is
not known whether he was a volunteer or not.
The declarations of parlies and witnesses to
thu affair arc now being taken by the legal
authorities in the presence of the United States
consul. The indignation of the Captain-Gene?
ral at the outrage is very great. He dhlled on
the chief justice and other leading officers of
the law tb use every moans to discover the
perpetrators and abettors. The people and
all parties denounce thc act, and tho officers
and volunteers are unitingaud hunting for thc
assassin and lils accomplices, and the Governor
has placed the entire police force In motion.
DeRodas has offered a reward of ?1000 for the
arrest of Iho culpable parties, who, if found,
will be tried by a druin-head court-martial and
executed within two hours alter sentence is
Sales-day In Newberry.
The Newberry Herald says of sales-day:
"About the most disagreeable day experienced
lately was Monday, cold, gloomy and rainy,
and yet the crowd iu town was immense, not?
withstanding all Hie weather difficulties. There
were several sales of land, and the most of it
brought very high prices, a very evident indi?
cation of a prosperous condition of affairs in
our district. One tract of 400 acres with a
mid brought over $10,000."
Distressing Accident.
The Sumter News says: "An accident occur?
red on one of our streets on Monday inst,
resulting in severe bodily injuries to Miss Kate
Jones and Mr. H. C. Moses. The parties named
were enjoying a pleasure ride, when, in an un?
guarded moment, the horse ran and dashed
the buggy against a tree, throwing Mr. Moses
out, the buggy passing over lils body and bruis?
ing him severely in several places. The ani?
mal continuing to mu, Miss Jones was soon
thrown ont, suffering the fracture of a leg and
some painful bruises upon other parts of her
person. Thc buggy was much broken, and
the escape even illus seems almost miracu?
The Greenville and Columbia Railroad.
The Newberry Herald says: "A year or two
ago it was said that the Greenville and Colum?
bia kailroad Company was in a hopeless condl
iion. Bat arter a time the patient was pro?
nounced convalescent, and then strong and
vigorous. But all of a sudden we bear that the
estate of said company ls being partitioned la
i most summary way, and turned over to a set
ot strange capitalists, whose agents are among
us, purchasing up the stock before the share?
holders are aware of what is going on. It is a
remarkable fact that this is all being done, as
lt is said, without the knowledge of the presi?
dent and directors, who have been constituted
trustees for the stockholders, generally. And
Set no public notice has In any way, that we
ave heard, been given of this very singular
proceeding. Whose duty was it to call a meet?
ing of thc stockholders, and pnt them in pos?
session of all that was about'to be attempted
against their interests ? Gan it be possible that
the officers of the company or any ol' them
have acted a treacherous part in this matter ?
They will afford the stockholder some satis?
faction if they will let them know what the
scheme is, and what part they have acted ia
the programme ?"
Thc regular Packet Schooner LILLY,
Hughes. Master, wants SO to 75 bales to ntl
up and leave as above.
FOB B 08 TO N.
The Schooner ANNIE E. GLOVER, having
a large portion or her cargo engaged, will
load with dispatch.
For Freight, apply to
febO_ ! Agents.
The une British Ship '.GORILLA," Wm.
Sar, Master, wants soo bales Cotton to;
complete cargo for the above port.
For Freight engagements, apply to
febl Boyce's Wharf.
The fine American Ship MISSOURI, L.T.
Blackburn, Master, having a large portion I_
of her cargo aboard. For further Freight engage?
ments, apply to W. B. SMITH k CO.. ?
Jann mwf_Napier's Range.
To freight corn from North Carolina; ca?
pacity from 2000 to 5000 bushels; araft of2_
water not over 7.S' feet. . High rates and dispatch
guaranteed. Apply to
Jan28 fmw Boyce's VY?arf.
The First Class Side-wheel, steamship
MANHATTAN, M. S. Woodhull, Com-^
mander, of the New York and Charleston Steam
ship Company's Line, will leave Adger's South
Wharf on SATURDAY, the 12th instant, at 2:30
P. M.
J99- Marine Insurance half per cent by this Line.
43- Through Bills of Lading given on Cotton to
jes- Superior Accomodattons for Passengers.
JAMBS ADGER & CO., Agents. '
The JAMES ADC ICR follows on TUESDAY, 14th
Instant, at 4 o'clock P. M. febio 3
And other places, should lay In their
supplies of Clarets, Champagnes, Cor-jSSnattfc
dials, Brandies, Whiskies Wines, Canned soups
and Meats, American and English Biscuits, De?
villed Ham, Tongue, Lobster, Durham Smoking
Tobacco and Imported Segars.
No. 275 King street, opposite Hasel,
Charleston.S. CL'--.
Branch of No. ooo Broadway, corner 20th street.
New York. septss ?mos
The Flue Iron Screw Steamshipuf?SG*^
"LUMSDEN," J. Rutter, Commander SMtwK
ls now ready to receive Freight for the above
port, and has a portion of her cargc engaged and*
going on board. >
For Freight engagements apply to
Captains and Stewards are respect-??B????
folly Invited to call and examine thejj^yfflg
quality and prices of our GOODS. Full weight
guaranteed. Delivered free of expense.
No. 275 King street, opposite Hasel,
Charleston, S. 0.
?3- Branch or No. ooo Broadway, New York.
Jan24 .___
The Commodious Stern-wheel Steamer
Formerly plying between Wilming?
ton and River Side (Cape Fear River) j
as passenger and freight boat.
Length over all.iso feet.
Breadth of beam...29% feet.
Depth of hold. 5 feet.
Draft. 3#feet.
Tonnage.144 63-100
Two Engines In good order. Cylinder 16 inches
diameter; 6 foot stroke. Upper deck saloon and,
passenger accommodations are spacious and com?
fortable. Lower deck and hold for freight. If'
not previously disposed of at private sale, will be
sold at public auction, on WEDNESDAY, March 2,
1870. , B. S. GUION,
General Superintendent,
Wilmington, Charlotte and Rutherford R R.
febs 12'"_Wilmington, K. c.
The steamer PILOT BOT, Captain C.
Carroll White, will sall for Savan?
nah via Beaufort every SUNDAY au<i THURSDAY
MORNING, at 8 o'clock.
On the Sunday's trip she will touch at GUaolm's
and Turner's Landings, (toing aud returning, and
will touch at Biuffton, go(n? and returning, every
alternate Thursday. Re tu ru lng will leave Savan?
nah every MONDAY and FRIDAY A PT fia? OOHS, at
2 o'clock.
For Freight or Passage, apply to
J. D. ALK KN * CO., Agenta,
JanM_South Atlantic Waarf. ?
Steamer "DICTATOR," Captain -
George E. McMillan, sails every ?3
TUESDAY EVEXISO at 8 o'clock.
Steamer "CITY POINT," Captain Fenn Peck,
sails everv FRIDAY EVENING at 8 o'clock. Con?
necting with Steamer STARLIGHT for Enterprise.
Through Tickets and through BIRs of Lading
for Freight given.
J. D. AIKEN k CO., Agents,
janis South Atlantic Wharf.
SOUTHERN SECURITIES of every description,
viz: Uncurrent Bank Notes, State, City and Rail?
road Stocks, Bonds and Coupons, bought and seid
on commission.
Orders solicited and promptly executed.
Prices Current issued weekly and forwarded,
gratuitously to any point on application as snow
Attention given to the purchase and sA'eor
Real Estate. d wis mwf Smoscdto

xml | txt