The daily phoenix. [volume], August 29, 1867, Image 2

About The daily phoenix. [volume] (Columbia, S.C.) 1865-1878

Image provided by: University of South Carolina; Columbia, SC

                
COLUMBIA, T
Thursday Morning, August 29,1867.
The Cn' Inet.
The National Intelligencer, supposed
to be in tho confidence of the Presi?
dent, in its issne of Friday, bad a
significant ar tide, from which we ex?
tract tbo following paragraphs:
"Unfortunately for the President,
he retained the Cabinet which had
tho confidence of his predecessor. He
may have thought that the retention
of men who had stood by Mr. Lin?
coln in the prosecution of our great
struggle ought to have been a suffi?
cient guarantee to tho people that he
was not as false as was represented.
He may have been satisfied, from the
personal character and abilities of
thaso gentlemen, that the affairs'of
their respective departments would be
well managed, or he may have had
such a strong confidence in the ulti?
mate triumph of the truth and in the
final judgment of the people, that he
felt he could afford to wait. It was a
mistake. Some of those gentlemen
played into the hands of the men
who were combined for his political
destruction. Borne of them had the
grace to withdraw. Others used their
authority and patronage to curry
favor with his foes.
"Wo apprehend that the President,
following the example of his prede?
cessor and his own lifa-loog usage,
has trusted that the people would in
timo come round right; and they
would put their foot on the efforts
made to convert our Government
from one of constitutional obligation
into a centralized, consolidated, rep?
resentative democracy. Bat we think
that the experience of the past few
months ought to teach him the im?
portance of two things-prompt, de?
cided action and a united Cabinet."
Concerning the retirement of Mr.
Seward, the Intelligencer, of Saturday,
says:
"There is one gentleman of distin?
guished ability and eminent public
services whose name bas been unfor?
tunately more or less identified wi tl
the obnoxious Secretary of War. Tc
his influence with Mr. Lincoln, whe
thor unjustly or not, tho public
largely attributed Mr. Stanton's re
tention in office. In -most of th?
struggles which took place in tha
Cabinet they heartily co-operattyl
Public rumor bas attributed to then
a greater closeness of relationship ii
the present Administration-whethe
justly or unjustly, does not affect th<
real merits of the question. Unfor
tunately, too, several circumstance
have strongly corroborated that sus
picion, for several of the stronges
friends of the distinguished Sec re tur;
of State have been the sturdy chum
pions of the Secretary of War. Th
Jidus AcJiates of the former, who con
trolled the political fortunes of th
Empire State for years, and has dis
played a political sagacity, a variei
ability and a consummate tact tba
has not, perhaps, been surpassed ii
the history of that State, bas on ai
occasions defended the defunct Cab'
net minister. His echo-who follow
afar off his great exemplar-the trim
ming editor of the Times, bas als
energetically come to bis rescue. T
the exertions of these, three gentle
meu, more than to any and nil otb?
causes, is the fact due that Mr. Jobi
son so long delayed moting out jus
tice to bis refractory subordinad
Tho association has damaged Mi
Soward's usefuluess. We are cei
tainly not among those who deny hi
exalted ability, bis unflinching pi
t riot ism, or his great services to bi
country. We think that be will HM
in Ute future pages of its histor
long after tho petty crowd of b:
detractors shall have sunk out <
sight and bo utterly -forgotten. Bi
there are times when tho only que;
tion a patriotio man should ask i:
how cnn I best advance the interest
of my country by harmonizing a
the friends of constitutional goveri
mont? The associations of which v
have spoken will prevent that unit
of support among tho friends of tl
Administration which, in our judi
ment, are indispensable to its suecos
Under such circumstances, it is b
lieved that no true friend of tho Se
rotary could object to bis ret?reme:
from the office be bas lilied with i
much ability and with such honor
himself and the country."
From these indications, togeth
with tho removal of obnoxious mi
tary commanders, it is becoming e^
dent that the President bas at lr
determined to make a direct isa
with tho radical majority in Congres
That body meets in November, wb
we will seo if bo bas the courage ai
firmness to keop "marching on"
tho course he has thus initiated. T
first act of that body, on re-assoi
bling, will doubtless be to nullify 1
suspension of Stanton and any otll
members of his Cabinet he may i
move, as not in accord with him
carrying out his policy of reconstri
tion. Then will nriso the cont<
between the supremacy of tho Co
stitution and tho selfish purposes
the dominant party. The form
gives tho Executive tho right
nominate his advisors, and if he
yields that right to the rapacious
demands of the party, then his pre?
sent aclion is utterly futile. If he
maintains it, the real conflict will
come, nnd but two alternatives will
be left him-either to resign, while
defending his constitutional rights,
or stand up, liko a man and u patriot,
against the charges, of impeachment,
which will be assuredly brought up
by Congress as a punishment for his
defiant position. We must watch and
wait.
Since the above was written, the
Intelligence}', of Monday, brings the
announcement that "the resignation
of every member of the Cabinet is at
the disposal of tho President." It
says that this action of the Cabinet
will prove to their lasting credit,
whether it leads to the final retire?
ment of the entire Cabinet or to
but a part of it. Tho organ then
adds:
"As regards the qualifications of
those who are to fill the vacancies,
there is one point we cannot forbear
pressing, and that is, that whatever
other qualifications they may have or
may lack, the new Cabinet members
should be men of invincible resolu?
tion-men who cannot be tnrned
from the stern path of duty either by
the cajolery of friends or the intimi?
dation of foes. Prompt in action,
resolute in purpose, they should
stand around the President as a unit,
to strengthen his hands and give
energy to his plans. In revolution?
ary times, timorous counsels are
always to be deprecated. To the
American people, no other quality so
commends itself as pluck, and yet it
is precisely tho quality in which our
public men are deficient."
Verily, tho crisis is rapidly coming
to a head. So moto it be.
MONEY-ORDER POST OFFICES.-Ar?
rangements are now perfected for the
efficient extension of this important
system, which insures the trans?
mission of money by mail without
loss. There are now thronghout the
country 832 offices. On Monday,
the fifth day of September next, there
will be added 392 offices, making the
whole number 1,224. The new of?
fices in South Carolina are Anderson
Court House, Choster Court House,
and Columbia. It must be borne
in mind that tho money-order busi
siness of these offices will not com?
mence until Monday, thc 9th ol
September. Orders not exceeding
$20, ten cents; over $20, and not
exceeding $50, twenty-five cents; nc
single order issued for moro than
$50. Parties desiring to remit largei
sums must obtain additional money
orders.
SUPPRESSION OF A GEORGIA PAPER
We learn from private sources thal
the Albany (Ga.) News was susponded
by order of Gen. Pope,' Commande!
of tho Third Military District, OE
Saturday, the 17th. We have nol
learned the reason for this course,
moro than the general charge of dis
loyal ty._
GENERAL HOWARD.-Mr. Johusoi
stated to-day, that he placed no re
liance upon the charges of corruptioi
made against General Howard, bu
thought he was a fanatic, and througl
him the Bureau could be used t<
organize a Republican party in th?
South, and he should, on this ac
count, be obliged to remove him.
[Neto York Tribune.
Very well said. General Howarc
is nothing but a fanatic-in office, i
much more dangerous character thai
a knave.
THINGS ARE WORKING.-Tho Nov
York Tribune, of Monday, has ai
article on tho doings at Washington
Wo extract:
We need only add, that no ono ha
ever yet called Hancock, Cauby an<
Gordon Granger radicals; and no om
pretends that Sheridan, Sickles an<
Popo have offended otherwise thai
in giving an active, hearty suppor
to the reconstruction policy of Con
gress. What, then, do these act
portend?
Wo can understand thom no other
wise than as tho opening of a ne^
and desperato strugglo to arrest th
reconstruction policy deci oed by Con
gress, and, if possible, defeat am
subvert it. To this end, wo infe
that it is doomed necessary to hm
from offico every radical whoni th
President or his Cabinet can reach
but especially those wielding mili to
ry power over tho South. We judg
that this fiu.il struggle is to bo fa
moro bitter, moro violent, moie prc
scriptivo, than that of 18GG.
Tho New York Herald has beei
sued for $100,000 damages, for i
lihol upon James F. Cummings, wh
was a Confederate officer. Tho allegoi
libel consisted in a charge that ho ha
swindled tho Confcderato Govern
mcnt.
-J
Cor responde nee or tho Phoenix.
WrwoN SPRINGS, N. 0.,
August 28, 1867.
Throe weeks ago, a woe-begone
hypochondriac, so mildewed that
even his boots wouldn't take poliah,
came to this up-country patch of Pa?
radise, to drink spring water, forget
il eas and tempt fat to gather on his
ribs. To-day, tho unhappy individual
aforesaid, transmogrified, uncurdled,
creamy and rich in that grandest of
all blessings-perfect heal th, a clear
conscience, a forty-horse power ap?
petite, and a digestion like o -pair of
grind-stones-smokes his cigar in tho
shade of one of the mountain trees,
and writes to his withered, jniceless
friends to como and do likewise.
There is not much that is inspir?
ing in the mere trip here, unless
it be that some Providential contin?
gency supplies you with a compa?
nion, such, for instance, as I had
never mind who-full of enthusiasm
and adjectives, with seventeen yearn
of loveliness just blushing into the
eighteenth, and a pair of lips sug?
gestive of tho temptation of Mother
Eve and the forbidden fruit. But
after you have arrived, and, under
the pilotage of the politest hotel
proprietor, dropped anchor in a quiet
bed-room, with its snowy counter?
pane, white curtains and cottage
furniture, and you take the first puff
of the country zephyrs through the
open windows, you begin to feel as
frisky as a young colt, with a briar
bush tied to his tail. You imme?
diately drink some spring water.
The dewy morning finds your soul
full feathered for a flight. You turn
out with the birds, sip sulphur and
iron from nature's own apothecary
shop, and watch the king of glory
while he commences his grand
rounds.
Then for breakfast. A glance up
and down the table gives you a home
picture of fresh, pleasant faces, look?
ing upon your own, and possibly
diagnosing os to how much amuse?
ment you can contribute to the little
body politio which they composo.
The repast is solid, substantial, and
appetites are intensified by the deli?
cious air bath of the early a. m.
After breakfast-seats for the gentle?
men on the piazza, and pipes for thc
crowd. Think of the reminiscences
that follow, the tales that are told,
and the paroxysms of cacbination
that move tho diaphragm. At 10 oi
ll, there is a walk to the spring;
books are brought out, an -audience
gathered around some good reader,
and the noon-day passes amid thc
cool shade of the trees. Dinner
time-adorable soup, superb bread,
heavenly fried chickens, and magul
ficent vegetables! Afterwards-im
promptu rides, tours of exploration,
lovers' walks, meditation nooks, &e
More spring water aud butbs. Even
ing-scenes in the parlors, music,
games, courtship, gossip, twaddle
Bed-time, and its dreams-sweet, be
cause peaceful. No mosquitoes; n<
night-sweats; no night-marcs; you
epidermis in good order; your heat
level; your conscience easy as an ole
shoe, anil each upper eye-lid weigh
ing just one pound avoirdupois.
Such is the skeleton of a day's lif
nt the springs. Fill it up to suit tin
fancy, or the changing realities o
travel, and it will give you an idea o
the sublunary enjoyment which an;
mortal may possess almost for th
asking, and have enough left over ti
put out at compound interest.
Just now, there is one of the mos
agreeable gatherings hero which i
has been my fortune to meet tran
siently in any of my world-wid
wanderings. Wealth, intellect
beauty, youth and refinement hav
their several representatives, and th
hours trip by on velvet feet. Tb
place is thus most deservedly patron
ized, and in turn repays its visitor
in the rare coin of renewed health
strength and elasticity. The variou
watervBupplied by nature have effect
ed many wonderful cures, and wet
ried merchaut or professional mai:
the debilitated female or langui
child, can find no spot in Amcric
moro aptly located for the resuscitn
tion of decayiug life.
As a matter of general interest,
append tho names of some of tb
visitors present-all of whom aro c
tho hotel: Brother Crawford, one e
tho best men in South Carolina, one
strange to say for a preacher, addie
ed to sulphur; Thomas Dewey, Esq
a banker in Charlotto, said to be
descendant of the celebrated "Mom
tain Dow, Esq. ;" Mr. D. is the bej
perspiror at the springs; Christie
Suber, Esq., of Newberry, is also
guest-his physician having recon
mended water to reduce his weigh
Mr. Asher, of Yorkville, a Frene
gentleman, under the care of M
Dowey, whoso gravity of demean?
is an offset to the extraordinary an
elemonstrative politeness of bis frion<
Theso two gout lomen are regarded t
tho Siamese Twins of the estabas!
mont. There are also present Co
Childs, Lawyor Bachman and lad;
Dr. Fisher, Col. Samuel Melton ari
lady, and Misses Martin, from G
luinbia; Mrs. Connor, of Charlestoi
(mother of Gen. Connor;) Col. Wi
liams, of Yorkville; Miss Coyt, M
and Mrs. Strong, Mrs. Lyons ar
daughter, Petersburg; Thomas Ta
and family, Greensboro, anel othor
Tako thc scenes in a kaledoiscope
the company changea with every
day's turn, and my experience is that
the longer you stay the more you
like it XXX.
SOUTHERN HONOR.-The Richmond
Whighns the following remarks upon
"Honor:"
It was au indisputable couditiou of
the Confederate surrendor, that the
conquering power should regulate
and dispose of the political condi?
tion of the conquered. Gen. Lee
did not make, probably did not at?
tempt to make, any stipulation touch?
ing tho political status of tho South
and her people. Gen. Johnston did
make such au attempt, but his con?
ditions were promptly aud perempto?
rily set aside at Washington, and he
surrendered, as did Gen. Lee, with
the implied understanding that tho
whole question of what disposition
was to be made of the Southern
States, what position they were to
occupy in relation to the Govern?
ment, what privileges, franchise, &c,
were to be accorded to their citizens,
was to be determined by the con?
queror. Mr. Davis is reported to
have replied, tho other day, to a
question as to what he thought of re?
construction, that it was a matter with
which we (the Southern people) had
nothing to do. He answered rightly.
The whole business is in the hands
of those to whom we surren dered,
our only share in it being to avail
ourselves of the plan they adopt.
True, we may sullenly refuse to do
this if we are so stupid; but this,
while it would cut us off from the
benefits of the plan submitted, would
not relieve ns of its burdens and ob?
ligations. We have had a good deal
of unnecessary and misapplied talk
about Southern honor as concerned
in the mode of adjustment. A per?
tinent query would be, whether the
circumstances and conditions of our
surrender did not lund our honor,
after accepting safety upou the con?
dition that thc conqueror should
settle our future political status, not
to seek to control, impede or defeat
the settlement determined on? We
have enjoyed the consideration, shall
we dodge the agreement?
THE SOUTHERN TRADE.-We ex?
tract the following from a communi
cation in thc New York Times, oj
Friday:
Southern salesmen who make t
practice of staying in Now York sis
months of the year, and the remain
ing six of traveling through thc
South drumming up trade, are ap
pearing in the city in largo numbers
Their principal headquarters are a
the hotels, where are to be found i
large majority of their customers
In consequence of Southern arrivals
the hotels are beginning to do a goo(
business.
The system of conducting busines
with Southern merchants has becomi
quite a distinct feature in New Yor)
trade. At present, they seem to b
completely under the control of th
salesmen, who receive, not a statei
salary, but a commission on tho sale
effected. Years ago, there were ver
few salesmen who worked simply 01
commission; but since the close c
the war, the applicants for situation
have become so numerous that mei
chants find it to their benefit t
engage men on their merita, th
standard of which is tho quantity c
goods they can dispose of.
The favorable cotton reports wi
doubtless bring to New York a ver
fair trade from the South. Althoug
our merchants do not calculate on
heavy Southern demand, they rel
on an improved basis over that <
last year for doing business.
Viewing the prospects of the fa
trade in a general way, our me
chants have reason to look forward I
busy times. Good crops in the Wei
and South are always considered i
suro indications of lively business i
the East; and although a few timi
men are never at a loss to be fount
w?o fancy that the wholo object <
life consists in predicting evil, the:
is another class of tho communii
who derive comfort and satisfactic
from taking a brighter, moro cor
mendable and accurate view of li
and its surroundings.
PROGRESS OF THE REVOLUTION.
Under this head, tho New York Ii
raid, of Monday, has an article,
which the following is thc concludii
paragragh :
Mr. Johnson now holds in li
hands tho forces that can resolve tl
problem of reconstruction. If 1
will only rise to the demands of tl
occasion ho may restore himself
the confidence of tho North. E
lotter to General Grant is full of ex
cutive power and a determinatii
that it sholl not bo wrested from hil
The wholo common sense of t
country sustains his effort to ke
his poise despite the desire of Co
gres to overturn'him. Let them ii
peach him. Ho may challenge
and win. Let him overturn t
clashing elements in his own Cal
net; tho country will applaud. I
him drive back the black cloud tl
threatens both North and South;
will receive all aid. President Li
coln issued an emancipation proc
mation for the blacks; let Andr
Johnson issue, by universal amnosl
an emancipation for tho white pi
tion of tho population of tho Unit
States.
lliooal Ttemsi.
Divine service in the Presbyterian
Church to-day, at Qa. m., and a quar?
ter before 8 in the evening.
General Cauby, who has been ap?
pointed to sapercede General Sickles
in the command of this department,
is, wo learn, an old army officer, who
has been in command of the District
of Columbia for a length of time.
NEW GROCERY STORE.-Mr. Richard
Allen, desirous of accommodating the
citizens residing below the State
House, aud, nt the sum 3 time, "turn
an honest penny," has opened a
grocory aud family provision store,
corner of Pendleton and Assembly
streets, where ho promises to dispose
of all articles in his line nt low rates.
He will accept our thanks for his
remembrance to the Phoenix. May
his Bhadow never grow lei.o, and his
till never be empty.
REGISTRATION* INCIDENTS. -That re?
gistration, in tho powers conferred
upon the Boards and the Military
Commanders, is liable to be pervert?
ed to party purposes, is evident from
the result and after-action of the re?
gistrars in New Orleans. When re?
gistration in that city closed, the
whites had fifty majority, and this,
notwithstanding that the disfran?
chisement of whites was so great, that
not one-half the white vote of the
city was registered. But we learn
from the Times, that even this result
was changed by the action of the re?
vision board, which body struck out
the names of 2,500 whites from the
registry. It says that tho citizens
thus disfranchised after registering,
were not notified that au examina?
tion as to their qualifications was to
be made, but that they were first ad?
vised of it by a printed slip, stating
that their names were stricken from
tho list. Tho names thus stricken
off were all whites.
If this be true, registration in New
Orleans was simply a farce, and ut?
terly violative of the letter and spiril
of the Act ol Congress. With a new
Commanding General of that Dis
trict, and with this statement of al
leged facts brought before him, w<
should think that Gen. Grant woulc
be doing justice in ordering a nev
registration. In Georgia, at least ir
one of the Counties where there wai
a large majority of white votera, i
newspaper applied for the result o
registration; the applicant was in
formed that Gen. Pope bad givei
orders that the result in that Count'
should not be published. Anothe
manifest perversion of the law.
The Wilmington Journal givea u
an illustration of the practical effec
of tho registration law, which i
amusing, if not ridicnlous. Three o
the best citizens of the County wer
debarred registration, on the follow
ing grounds: One of them held th
office of Coroner for a few week*
about forty-five years ago; anothe
served in a similar capacity, for
short period, some twenty year
since; and the third remembers that
about forty years ago, be was a cot
stable of the town.' Such are somo o
the beauties of registration.
The registrars in this vicinity hav
bad a lively time with some of th
colored registers. One was aske
what his nnmo was. Ho repli?e
"Jim, sir." "Any other?" "Jeem
sir-Jim Jeems." Another was jes
ingly told that his name, given appi
rently nt rnudom, was too long
couldn't ho shorten it? When
shorter ono was immediately givei
Several, who had just arrived fro:
tbe country, were brought np, ac
their names asked for. Ono replie
John '.thompson; but when the oat
was filled out, anti "John Thom]
son's" name called, to put his mai
to tho document, half a dozen ai
swered, and, as a conseqounco, ih
of the six wcro "left out in tho cold
Another instauco occurred, where
would-be register gave a name, ai
when, after a delay of a few minute
he was asked to repeat it, found 1
was unable to do so.
Read Udolpho Wolfe's advert?s
ment8 in to-day's paper.
Jon PRINTING.-The Job Office
tho PhoiP ix is as complete as any
the South. It is furnished with nc
fonts of typo of all descriptions ai
of tho most modern styles. All wo
executed promptly, with tasto ai
skill, and at reasonable rates.
REGISTRATION.-The following sin?
gular result of yesterday's registra?
tion in (bis city is, we venture to say,
unparalleled and unprecedented in
the records of registration iu any
other district in the Southern States.
It is this: Whites 73; colored 73.
Dilatory persons entitled to register,
within tlie time prescribed-two
days more, we believe-ought to do
so at once.
WASH-UPS.-In addition to tho
washing away of a portion of the
trestle at Crane Creek, on tho Green?
ville Railroad, we learn that two
spans of trestle at Clim's Creek were
washed away. The passenger train
lay over at Greenville on Tuesday
night, but yesterday tho passengers
and mails were brought through. It
is expected that all the damage will
be repaired by Saturday. The trains
will run regularly, however, until
then-a delay of an hour only being
necessary at the crossings. The rains
and wash-ups have been general
throughout the South.
A GOOD CHANCE.-An elegant tea
sett, heavily plated, is to be raffled as
soon as the chances are made up.
The sett can bo seen at tho Phoenix
office. _
POST OFFICE HOURS.-The office is
open from 8 a. m. until 8)? p. m.,
aud from 6 until 7 p. m_ The North?
ern mail closes at 3)? P- 111 .> and all
other mails close at 8 p. m.
Nt* APVEKTISKMKNTS.-Attention incal?*
od t?> the following advertisements, which
Hre published this morning for (be first
lime
Misses Martin-School Notice.
Kay A Ilewetsou-Dissolution.
D. C. Peixotto 9t Son-Auction.
James G. Gibbes-Guano.
A fine lot of Dcsirablo Goods have just
boon opened by Mr. It. C. Shiver, who still
adheres to his proper principle of good
articles for littlo money. Read his adver?
tisement, and then examine the goods.
NOR-'H AND SOUTH-THE DIFFER?
ENCE!-As a part of tho history of
mese unjust, unequal, hypocritical
and execrable times, we copy promi?
nently the following paragraph from
the New York Times, a leading Re?
publican newspaper:
"On the night traiu from Bat?alo,
the other day, wo saw a very well
dressed and respectable-looking 'Ame?
rican citizen of African descent,' .
apply for a berth on the sleeping-car.
He was very promptly refused thc
privilege, and had either to stay be?
hind or sit up all night. While ho
was arguing his case, a white passen?
ger whom ho knew as an old-time
anti-slavery advocate, stepped up to
the agent and said that, at all events,
in no case must that negro obtain a
berth adjacent to his. Now, we do
not propose at this time to enter into
any argument about the prejudice of
color, or antagonism of race, or in?
stinct of Caucaaianism, or whatever
it may bo. We merely wish to re?
mark, that if the incident had occur?
red in South Carolina, the railroad
agent would have been compelled to
pay a fine of at least $250. For that
was the stinging fine which General
Sickles, on the 17th of this month,
imposed upon the captain of the
steamer Pilot Boy, because, on ac?
count of caste, he refused a cabin
pass.-yge to Miss Francis Rollins, a
'respectable female of color.'"
-??>??>
HABEAS CORPUS.-The Orange
burg News, of Saturday, has the fol?
lowing notice of a case that has ex?
cited some attention in that town:
"On Thursday last, an interesting
case was heard before His Honor
Judge Glover, nt this place, in behalf
of Mr. John Percival, of Liverpool,
England, who was brought up on
habeas corpus. It appears that Li
zardi & Co., merchants of London,
entrusted largo consignments of
goods to Messrs. Campbell and Per?
cival, of Liverpool, for sale. Messrs.
L. it Co. charge that Percival sold
some of these goods at a sacrifice,
and pawned tho rest at their full
value, and left England with the pro?
ceeds, amounting to about $100,000.
All this is vehemently denied by
Percival. '
"The history of the caso is this:
The plaintiffs brought an action in
case against the said Percival, and he
was arrested in default of bail to the
amount of $100,000, and held in cus?
tody by tho Sheriff of Charleston
District. Tho defendant was dis?
charged from this arrest by order of
Judge Moses, in Charleston, a few
weeks ago, in accordance with Order
No. 10, of tho Now Code. Thereupon
tho plaintiffs brought an action in
trover - for the same cause, and re?
arrested tho defendant.
"After able argument before his
Honor Judge Cover, in which parti?
cipated J. Barrett Cohen, Esq., for
the defendant, and John W. Wilkin?
son, Esq., for tho plaint i li, his Honor
ordered the discharge of tho defend?
ant from arrest, on the ground that a
second arrest for tho same causo of
action was illegal, especially without
a discontinuance of the first action.''
I