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The daily phoenix. (Columbia, S.C.) 1865-1878, November 28, 1866, Image 3

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BERLIN, Monday, November 26.- Tho
Prussian Government intends to have a
Consul-General located in New York city.
LONDON, November 26-Evening.- Itjis
rumored that a Republican organization
lias been discovered in Paris.
It is said that the Empress Eug?nie and
her son will spend Christmas at Rome.
The money market is easier. Consols
closed at s;i.j for money. Fivo-twenties 70.$.
LIVERPOOL, November 20 -Evening.- Tho
cotton market is without change.
LONDON, November 27-Noon. - Fenian
troubles in Ireland have* assumed con?
siderable proportions and then; is no
doubt that a serions outbrt ak has occurred.
Two regiments of national troops were ur?
gently ordered to Ireland yesterday even?
ing, and transports were being prepared
all night last night at Portsmouth. A
large detachment of marines went over to
Queenstown on the war steamer Plymouth.
A gun-boat at Chatham has been ordered
to t*ail for Queenstown immediately. Much
alarm is felt at Cork and through Ireland
generally*. The London Times, of this
morning, believes Chief Organizer ste?
phens will soon arrive on the scene, if. in
deed, he has not already. Tho Globe edi?
torially hints a more serious trouble with
tho United States is really at tho bottom
of the Fenian outbreak. A telegraphic
despatch was received yesterday from
Washington by thc United "States Minister
at Paris. The despatch was very long,
occupying many hours in the transmission
ami it is believed it ?elates to the Mexican
question. The Morning Herald, of to-day,
says United States Minister Adams has re?
vivad the Alabama case. A Cabinet meet?
ing will soon be held, when the case will
receive thc consideration which its impor?
tance deserves. 1
It is officially announced that the Go
W ?rnment has pcrempt orily refused the use
of the parks for tlie trade reform demon?
LIVERPOOL, November 27. -Cotton mar?
ket opens dull but steady;sales to-day will
approximate 8.000 l?ales. .Middling uplands
at the opening were quoted at 14 Jd. Bread
stuffs market without material change.
I ONDON, November 'SI Noon. - Money
market quiet. Consols fur money opened
at 'JO. Five-twenties 704.
LONDON. November 'll -Evening.-The
^Morning Herold believes the Government
of the United States will endeavor to dc
feat the Fenian plots at a proper time.
Consols s;C. Five-twenties 70.}.
PARIS, November 27.-There aro rumors
of a change about to bo made lu the
French Cabinet.
FLORENCE, November 27.-The Italian
Government has determined to scud Ve
gezzi on a mission t > Lome.
LIVERPOOL, November 27-Evening.
The breadstuff's market closed with a down?
ward tendency. Tim latest quotations for
corn are 40s. Laic inactive.
Sew! Items.
BOSTON, November 27.-At a caucus for
thc nomination of a candidate for Mayor,
at Chelsea, last night, Robert W. Morris,
a colored man, (lawyer,) received 212
votes, to liSl for R. S.JFrost.
WASHINGTON, November 27.-Four color?
ed individuals are among the invited guests
to the banquet which will bo given to tim
radical member- of Congress on Saturday
next. Tiley are Fred. Douglass, Robert
Purvis, Lev. Highland Garnett and How?
ard ll. Lay.
At a Cabinet meeting to-day, it is under?
stood the President road a portion of Iiis
message io He; members; and from what
earlie ascertained, it seems be has no in?
tention whatever of parting from the policy i
heretofore declared.
Arrival of tlie Steamer Scotia.
*tF.w YORK, November 27.-Tho steaim r i
Scotia, from Liverpool on tie- 17th and
Queenstown on the 18th, bas arrived.
The London Morning Urra,'.7, advocates
tho consideration of the pending questions
between thc United States and Great Bri- '
tain, even by arbitration, if necessary.
Tlie London Timm says her Majesty's
Government contemplates empowering a
commission to inquire generally into the
operation of tho neutrality laws, and to
report noon the possibility of amending
them so as to tiring them into moro com?
plete conformity with internatioaal obliga?
tions. This inquiry will not preclude fu?
ture steps with regard to the adjustment
of the Alabama claims, windi aro still ;
under consideration by Cue Government, |
and must tie entertained upon their own
merits. i
Much damage had been done by the i
Hoods in Lancashire and York.
A subscription f ir th:; sufferers by the I
Quebec tiro had been started iii Liverpool. ?
The, London li d had reached ?17,000.
At tin'sittimr of the Saxon Chamber of I
Deputies, at Dresden, 0:1 the 14th, the |
State Minister declared, in the most posi- j
tive maunor,-that Saxony h .1 concluded ?
no alliance with Austria, cit her be fore or I
during the war. The Ministe: added, that I
Saxony had faithfully observed tlie promise ;
to that effect by Baron You Benst.
Advices from Paraguay state that the 1
defeat of the allies al ( 'umpaity had caused \
a complete disunion among the leaders of
the alliance, (icu. Flores had been in j
Montevideo since the 29th of September. |
Gen. Mitre had evacuated Curuza and left j
with the rest of the anny for Tirgenty.
He had refused to avail himself of the i
Brazilian transports for the conveyance of i
his troops.
Marlie I Reports.
NEW YORK, November 27-Noon.-Gold
.to-. Exchange for 60 days 91; sight 10}. j
Money C?7 per cent. Cotton firm-mid?
dling uplands 35. Flour dull-sales of j
3.000 barrels; prices unchanged. Wheat j
quiet and Western advanced [email protected] Corn j
advanced [email protected] of 30.000 bushels, i
at [email protected]? for Western. Oats dull.
7 1'. M.-Flour opened dull and closed a
shade tinner, with' sales of 10.000 bbls.
State [email protected] Ohio ?dO.G0W13.4O; West?
ern $8(^12.25; Southern "[email protected]
Wheat l(??2c. higher, with sale* of 51;.ooo
bushels- N/>. 2 Milwaukio [email protected]
Corn closed dull and declining, with nales
?d 06,000 bushels-mixed Western $1.20.
^Wtts unchanged-salos of 27,000 bushels.
JVBeet heavy. Pork closed firm-mess $22.50;
prime [email protected] Lard firmer. Butter heavy,
t'otton firm, but not very active, with sales
of 1,000 bales-middling uplands [email protected]
Groceries dull. Turpentine 72(^73. Rosin
[email protected] Gold 42;.
BALTIMORE, November 27.-Wheat dull
red $2.92t&2 95. Coin steady new crop
t>[email protected]$1.02. Flour steady -Baltimore high
grades scarce. Coffee quiet and unchanged.
Sugars firm and in bettor demand. Cot?
ton dull-middlings [email protected]
NEW OKI.KANS, November 27.-Cotton
active and firm-low middlings [email protected] Sil?
bar declined (c. Molasses declined 3(<?5e.
Provisions dull .and unchanged. Gold
active and advanced to 13.
CINCINNATI, November 27. -Flour dull
superfine [email protected] Mess pork dull, at
" dull, at [email protected] Gold 421.
,[email protected] better; sales at $1.72fi?
Corn 2c. better; sales at 88.
An Immense ?i'i'-nr.
NASHVILLE, November 23.- About 4
o'clock on last Tuesday morning, a meteor,
lighting up the whole heavens, was. ne?n
near Borne, Georgia, moving rapidly
South-westwardly, appearing like a tiro
ball as large as tho sun. It exploded ap?
parently ten miles off, with a tremendous
rcpori,, like a forty pound cannon, that
shook tho earth and made the windows
_?_-va.c5-t?ox*?L Sales,
Cargo Sale of
Schooner l'T.
J. J
scovado Sugars, )>ar
\" from Mut '.nz.is.
j ON FRIDAY, :10th inst., at ll o'clock a. in .
alongside schooner "T. J. Frazer," on
Accommodation Wharf. Charleston, S.
C., will bc sold,
HI hhds. "St. Lucia-'prime MUSCOVADO
40 hhds. '"Virginia" fair to good Musco?
vado Sugar.
40 boxes "S" fair to good Muscovado
TEHSIS_Under $1,000, cash; $1,000 or
$2,000, 15 days; over $2,000, 30 days: ap?
proved endorsed notes. Nov 2S 1
AND ii ATP.,
On hand sud being eonstantlv received
Corner Main and Camden sts.
Nov -21
2 in rf
J fl HE subscriber has just received the
RANGES, ever offered in this market
ranging in price from $10 to $150, and com?
prising the following celebrated patterns:
Buck's Patent Improved-having a Tin
Warming Oven and Copper Rasar voir for
hot water.
Buck's Patent Plain.
Queen of the South.
Shamrock, Delta.
California, Jewel.
Western Home.
Social Parlor Cook.
Guide and Rival Range?.
A small supply of Soap Stone Giittdir*.
House-keepers aro invited to call ?ml
see for themselves. A.'PALMEK,
Corner Washington and Assembly sts.
Nov 25 ' ?
;tween Plain and Washington,
>iTer their large and well selected ?tock of
JT>i\V broods,
11 ti x'tl wii i*e ,
Boots, ?^lioos,
Caps, ?fcc,
Call Soon and Set for Yourselves.
Oct 24 2mo
Pearson's Hair Bejuvenator.
Lyon's Kathairon.
Larry's Tricopherous.
Ayer's Cherry Pectoral.
Jayne's Expectorant.
Brown's Bronchial Troches. For sale at
Du. C. H. MIOT'S Drug Store.
Nov 2:}
McLean's Strength'g Cordial,
l'anknin's Hepatic Bitter?.
Plantation Bitters.
Mustang Linimi nt.
Perry Davis' Pain Killer.
Hoot?and's German Bitters.
Radway's Relief.
Sandford's Liver Invigorator.
White Castile Soap.
Cod Liver Oil.
Calomel, Alum.
Opium, Blue Mas*.
Concentrated Lye.
Castor Od.
Sulphur, Cream of Tartar.
Epsom Salts, Magnesia.
' v> hite Mustard Seed.
Nutmegs, Maee.
Turmeric, Prepared Chalk.
Hops, Dover's Powder.
English Mustard.
Together with a largo a ?ortment of
such articles as are generali / kept in first
class drug stores. DR. C. H. MIOT,
Sept 1 Druggist and Chemist.
MESSA?F-?E NO. 1. ~~~ i
COLUMBIA, ?bo OTB CAROLINA, November 27, 1866.
Genilenien of the Senate and J Ions,- of Representatives:
Your annual assembling rit tlie seat of government has heretofore
i been thc occasion o? congr atulation by the Executive, upon the
continued happiness, prospei i ty and improvement of the common-!
wealth. I .."egret that no su ch greeting can be extended to vor. on
the present o. ocasi?n. A\ c i io longer hear the clash of arms, nor tho I
tread of hostil.1 armies, and our people have escaped tin; scourge of i
that terrible dis, ";lso- which revels in the shocking carnival of death.
Whilst the genei 'al healtb luis not been good, the virulence and
malignity of diseas, ^ n;ivo bo. en mitigated, and a comparatively small
fatality has visited ti_>e sickroom For these blessings, our thanks
are due the great Ruit r of jho Universe. In the depths of bumilia
tion and contrition, let ^s invo.ko Him to avert the evils that are
upon us-to stay the ha Uu of our persecutors, to turn away the
wrath, and bring to nought the ct Hinsels of those who would oppress
and destroy us, and to restoi'o to us tlie happiness and prosperity of
former years.
The toil of thc husbandman has brought him a scanty return
from bis fields-the grain crop is alarmingly small-the cotton crop
in many portions of the State iri? not ?suffice to furnish the means
of supplying provisions-our p opulatioasu white and colored, arc
ab;.adoning their old bornes an "* country, and are emigrating to
strange places, where they can fin d bread. "With the loss of labor,
our farms must dilapidate, our fiel dn remain unfilled, our granaries
continue empty, and our progress in developing the resources of the
State must be arrested. Tho failure o.f the earth to make a generous j
return to the toil of the husbandman, causes the goods of the
merchant to rest unsold on Iiis shelves-and keeps the tool of the
mechanic idle-the learning of thc professional man useless. The
political condition of the country-the intolerance of our con-j
querors-thc proscription to which we are subjected, by those who
should be our loving brothers, and* who wield the destinies of- this
great nation-these evils intimidate capital, paralyze enterprise,
disorganize labor, ami destroy hope and confidence. The enormous
tax on cotton discourages production, and aggravates the financial
^embarrassment of tho people.
* Never, therefore, in the history of the State, bas a Legislature
assembled under less favorable auspices, to provide for the wants of
an impoverished and disheartened constituency.
But these extraordinary enibarrassments must be met with wisdom,
patience and courage, with energy and hope, and a manly resolve
to subdue and overe?me them. We must keep our population
here-we must pr?vido for tlieirpresent necessities-we must stimu?
late our white population togo earnestly to work, and let them sec
that labor is honorable and idleness reprehensible. Entering a
new year with this fixed determination, our fields will be better
cultivated, and the ivxt harvest time viii find our garners well filled
with the produc?s of the soil Thc staple crops will be more abun?
dant, and the financial embarrassments of the people will, by conse?
quence, be greatly relieved. Let us cherish hope and practice such
industry as shall merit the fulfillment of these anticipations.
I therefore proceed to make such recommendations as will, in my
judgment, promote tho interest of ?ur common constituency.
The third Article of the Constitution of this State, in thc third
paragraph of the first Section, directs thal '"the General Assembly
shah, as soon as possible, establish, for each District in thc State, an
inferior Court <>r Courts, to be styled 'the District, Court"-the
Judge whereof shall bo resident, in the District, while in office;
shall be elected by the General Assembly for four years, and shall
be re-eligible -which Court shall ha^v jurisdiction of all causes
wherein one or both of the parties are persons of color, and of all
criminal cases, wherein the accused is a person of color; and tho
General Assembly is empowered To extend the jurisdiction of tho
said Court to other subjects." It is unfortunate that this clause was
inserted in the Constitution. The first paragraph of the Section
declares, that "the judicial power shall be vested in such superior
and inferior Courts of Law and Equity as the General Assembly
shall, from time to time, direct and ?'stablish;" and this is sufficiently
comprehensive to authorize the establishment of any inferior Court
which the wisdom of the General Assembly maydetewnine, whether
it be a Police, District, County or Magistrate's Court. Hore, the
largest discretion is given to YOU; and such tribunals may be estab?
lished as experience or necessity may dictate; but the clause already
quoted require* the General Assembly to "establish District Courts,"
and these Courts must be continued univilthe Constitution is amended
in thc prescribed manner, or the instrument itself will be violated.
In order that the largest discretion may bo. allowed thc General
Assembly, in devising the best judiciary system to meet our wants
in the recently changed? relations of society, I recommend that the
present General Assembly provide for an amendment of the Consti?
tution, by striking out the third paragraph in the Article aforesaid.
The next General Assembly caa consummate the amendment, and
then, the Legislature will be loft, with unrestricted discretion, to
establish such superior and inferior Courts as, to them, shall seem
meet. Whilst this amendment is being consummated, thc District
Courts may be put fully into operation, and one year's experience
will, probably, decide whether they are adapted to the wants and
meet the necessities of the public. If they should be found imprac?
ticable, inefficient, or too expensive, they may be abrogated, and
some better system may be instituted. We are thrown upon novel
times, and all our legislation to meet our new situation is purely
experimental. It would not be wise to discard and repeal the legis?
lation of each preceding session, because it failed to work smoothly
or give entire satisfaction. When deficiencies are discovered, remedy
them, by amendment or modification. No human wisdom is equal
to tfce task of giving a perfect system of Courts and Laws* when an
ancient system must be revolutionized, to correspond with radical
changes in social, domestic, industrial and political relations. After
one year's fair experiment, it may be found that the District Court
is the desideratum. The Act of the last session, "to amend the Act
establishing District Courts,1'requires essential and material amend?
ments, to reduce its expenses and secure its efficient operation. The
boundary of its jurisdiction should be more distinctly defined. The
services of a Grand Jury, as part of its machinery, should bo dis?
pensed with; the authority conferred on the District Judge, to
examine and dismiss frivolous eases, renders the existence of such a
body unnecessary. There is a well defined distinction between mis?
demeanors and crime. It is only when thc prisoner is charged with
crime, that lus is entitled to be tried on presentment found by a
Grand Jury. Petty larceny, and other petty felonies, may bc
declared, by statute, to be misdemeanors; and" defendants, in all
misdemeanors, may be tried without presentment or true bill found
by a Grand Jury. The venire for the Petit Jury should be reduced
to eighteen. In the District Court, it would be seldom that two
pannels would be required; and the Court, on such occasions, co\ild
bc employed with other business, not requiring the aid of a Jury.
The Jury duty now exacted will be very onerous on the people, ami,
as the law stands, it cannot be performed at an expense of less than
eighty thousand dollars per annum. Thc modification suggested
would reduce thc expenses to one-third of that sum, for both supe?
rior and inferior Courts. Tho expense, to the Treasury, of Jurie?
might be dispensed with entirely, by taxing a Jury fee in every casf
tried. All traverses and invariances should be abrogated in tin
District Court; and all indictments, recognizances and other papers
in the Superior Court, not disposed of, and in which jurisdiction is
given to the District Court, should bc transferred to the District
and made valid, as if originally returned to that Court. The Dis?
trict Boards should be required to make their annual returns to tin
District Judge; und it should bc made the duty of the lat tor to
I examine the sanio, ami to enforce tho law against them for misfea?
sance, malfeasance, or neglect nf duty. When the District Judge is
? interested in any case, civil or criminal, of which his Court has
cognizance, it should 1?' transferred to the Superior Court for trial
The Court should be invested with exclusive jurisdiction, in cases
I over om hundred dollars, only where the contract, express or implied,
; between the employer and-employee, is for agricultural labor. The lavr
i now provides that a prosecutor, who institutes a frivolous or ground?
less prosecution, may be adjudged to pay the costs of such prosecu?
tion. This is an ample safe-guard against groundless prosecutions'
and the law should be so amended, that the party making complaint
befox'e a Magistrate should ho granted a warrant, upon his OAVII
recognizance, to prosecute, without requiring security. To require
security to prosecute, is to deny justice to the poor, tho ignorant,
the dependent aivd the friendless. These are the classes that it ia
the peculiar province of the law to protect ; those who have wealth
and friends, can readily secure the protection of the law.
Doubts have arisen whether the Superior Courts of Law can take
cognizance ot' any offence committed by a person of color, under tho
clause in the third Article of the Constitution, which declates that tho
District Court, shall have jurisdiction of all cases in which a person
of color is interested, or to which he is a party. Tl ie Civil Rights
Act, passed by tlc Congress of i lie United States, which must be re?
spected and obeyed until pronounced unconstitutional by t ue Supremo
Court of the Unit ed States, gives the person of color the same rights
. in all the Courts. State as well as Federal, as arc enjoyed by the white
race: and sq long as white persons are triable only in the Superior
Courts for felony, the same privilege must be accorded to persons of
color, notwithstanding die supposed prohibition in the State Consti?
tution, tts the Constitution of the Quited States, and the laws'passod in
conformity thereto, is the supreme law of the land. Tf the Civil
Rights Act should hereafter be declared unconstitutional by the
I Supreme CouH, or should it he repealed by Congress, the question
! under the State Constitution might theil be full of embarrassment.
The establishment of a Penitentiary requires material changes in
the punishments imposed in the Criminal Taw. Murder, arson and
rape, should be punished by death. The numerous catalogue of
felonies punishable by death, some with and others without the
I benefit of clergy, should be abridged, and confinement at hard labor
i in the Penitentiary be substituted, in most cases. The extreme
! penalty attaching to many of these felonies is revolting to humanity,
and juries not unfrequently fail to lind real offenders guilty, because
the punishment is made, hy its enormity, disproportionate to tho
offence. It should be left discretionary with the Judges in tho
Superior and District Courts to punish by imprisonment at hard
j labor in the Penitentiary, or by whipping, in all cases of larceny.
! Punishment by the lash is so degrading, that it should be imposed
j upon the most incorrigible offenders alone. A convict, who serves
I out Iiis term of imprisonment in the Penitentiary, even for an
infamous offence, may reform ; but one who has been whipped at
the public whippingpost, must be overwhelmed with such a sense of
shame and degradation, that he cannot command moral courage
sufficient to enable him even to make an effort at reformation.
I feel it incumbent on me to call your attention, specially, to the
gross neglect of duty, on tho part of some of the Sheriffs and
.Jailors in this State, in allowing prisoners to escape from their cus
tody. Unofficial information has been received at this office, that
nearly seventy prisoners have escaped from the jails of this State
since their custody was turned over by the military to the civil
authorities. Some of these criminals were under sentence of death,
and many were charged with the highest crimes against society.
Every effort to enforce the Criminal Law, and suppress crime, must
?be unavailing, unless the custodians of prisoners who have been
arrested and confined in jail act with more vigilance and ?Helity.
The existing law pronounces the most rigorous punishment Against
Sheriffs and Jailors for voluntary or negligent escapes, and it is
found wholly inadequate to arrest the growing evil. It is difficult
to satisfy a Grand Jury that their friend, whom they have aided to
elect Sheriff, or his agent, the Jailor, would permit a prisoner to
escape-their good will toward the delinquent leading them +o be
readily satisfied that the escape resulted from the insecurity of the
jail. It is even more difficult to secure the presentment of the
Commissioners of Public Buildings for their neglect of duty, in
failing to make the jail secure, and hence the public sutler without
a remedy. When tx bill of indictment is found, it is traversed, and
when the defendant is finally brought to trial, positive proof cannot
be offered that the escape was voluntary or negligent, and the
defendant is acquitted. The General Assembly, since 183i), has
been almost annually . passing laws, to enforce thc performance by
Sheriffs of their duty in civil and criminal matters, and the end is
as far as when legislation on this subject commenced. There is but
one means of effecting a cure for this chronic disease-it is to pro?
vide by law for the summary removal of a Sheriff, either through the
judicial or executive department of the Government, for willful and
persistent neglect of duty, or for misfeasance or malfeasance in exe?
cuting his office. Thejaws now provide for the removal of a Sheriff
from office, on conviction before a Jury; but it is believed that they
have not been enforced in a single case, since 1830. Is it not noto?
rious that sonic of these officers should have been removed?
Judge Wardlaw has devoted much time in preparing a Bill which
will be submitted to you, defining the duties and jurisdiction of
District Courts, and embracing the subjects of the domestic rela?
tions, and a codification of the criminal law. His long experitneo
on the Bench, and his acknowledged ability, will secure a respectful
consideration of his labors.
The Acts of the General Assembly confer upon tho Governor
authority to appoint "Commissioners to take acknowledgment of
deeds," in the several States and Territories, "to be used and
recorded in this State ;" the. Commissioners to continue in office
during his pleasure. Thc duties of these officers, "in taking the
acknowledgment or proof of any deed, mortgage, or other convey?
ance of any lands, tenements or hereditaments, in this State, or of
any contract, letter of attorney, or any other "writing under seal,"
are very important to the interests of the public, and some rule
should be adopted to furnish the means of verifying such certificates
with reasonable certainty. This may be attained by requiring every
person appointed or to be appointed a Commissioner, ie forward,
within ninety days, to the Secretary of State, an implosion of his
official seal, on wax and on paper, together with his autograph; and
upon his failure to do so, the appointment of each defaulter should
be annulled.
Notaries Public are, likewise, appointed and commissioned by the
Governor, and are invested with grave official duties. Til ; Secre?
tary of State alone, can certify the official character of a Notary
Public, and he can make no such certificate with safety, unless he
chances to know the hand-writing. Every Notary Public, now hold
in"- snell commission, or who may hereafter be appointed, should
likewise be required to forward to the Secretary of State, an impres?
sion of his official seal on wax and paper, with his autograph, within
sixty days, or his appointment should be revoked.
Thc last Congressional election in this State was held pursuant to
a resolution of the General Assembly, and there is now no provision
of law for holding future elections. Although our Representativos
last elected, have not been permitted by tho Congress of tho United
States to occupy their seats, it is the duty of the General Assembly
to provide, by general statute, for the holding of general elections
for each succeeding Congress. The convenience of the people would
indicate, that theso elections should be ordered biennially, on the
day that members of tho General Assembly aro chosen, to wit: Th?

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