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ESTABLISHED 17 99. j
FROM COLUMBIA,
WADE HAMPTON,
lie is Inaugurated Governor of South
Carolina— Oath Administered Amidst
the Firing of Cannon and the Wildest
Enthusiasms.
(Special to the Constitutionalist.)
Columbia, S. C. t Dec. 14, 2.80 p. M .
Hampton was inaugurated five min
utei ago in front of Carolina Hall, in
tbe presence of the Democratic Sen
ate and House, and a large multitude.
The housetops were crowded. The oath
was administered by Judge T. J.
Mackey (Republican) immediately after
the close of the inaugural address. The
people received his inauguration with
great enthusiasm. Cannons are now
firing salutes. No interference was at
tempted. gS *;
The Lieutenant Goveraor lias just
taken the oath. c. McK.
LATEST FROM COLUMBIA.
Still Balloting for Senator—Butler's
Election a Foregone Conclusion—
(treat Hampton Demonstration— An
Egregious Oversight on the Part of
jlayne The Issue will be Made at
once. ...7. ,-Q -^TVrKDM 1
[Special to tbe Constitutionalist.)
Columbia. S. C., Dec, 14,1876.
No proceedings of a general interest
a* the State House to-day.
In the Democratic House the form
of balloting was again gono through
with, in accordance with a plan to
await the concurrent action of the
Democratic Senate, soon to be organ
ize!. Butler’s election is now a fore
gonecouelusion.
At two o’clock Speaker Wallace pub
lished the returns from certified copies
obtained irom Secretary of State
Hayne yesterday, those from Edge
field and Laurens having been also
kindly furnished by him through an
egregious oversight on his part, and
duly sealed with the seal of his office.
Hampton and Simpson were declared
duly elected, and were inaugurated in
the open air, in the presence of a great
crowd, the surrounding house tops
being crowded with spectators, and
bands playing, rockets flying imd can
non firing. The oath of office was ad
ministered by Judge Mackey, the Chief
Justice declining to do so on the
ground that the proceedings involved
questions which will probably gome be
fore him for decision.
At the close of the inauguration
Hampton, seated in his chair, was
borne on the shoulders of a dozen
mm, and escorted by hundreds to his
h.'tel, where addresses were delivered
by prominent gentlemen, and the
crowd quietly dispersed.
With the two {rival governments in
operation, the issue will certainly be
made at once, and probably settled by
Federal arbitration, judicial or dicta
torial. j . . . i( .
Lieutenant-Governor Simpson will
probably demand possession of the
president’s chair in the Senate to-mor
row, which will of course be denied
and the Democrats withdraw in a body,
anu then ? W. H. McK.
[Ey the Associated Press.]
Gov. Hampton’s luaujrnral Address.
Columbia, December 14. — The inau
guration of Hampton took place in
trout, of Carolina Hall this afternoon.
The square in front of the Hall was
densely packed with persons of both
races, and the housetops were covered
with spectators. At '5:30 Hampton was
escorted to the stand amid demonstra
tions of great enthusiasm. The mem
bers of the General Assembly occupied
the space immediately surrounding the
stand, with a crowd iu the rear. Gen.
Hampton t hen read his inaugural ad
dress, of which the following is an ex
tract. :
Gentlemen a f the Senate and House of
Hepresentatives:
iris with feelings of the profoundest
solicitude that 1 assume the arduous
duties and grave responsibilities of the
high position to which the people of
South Carolina have called me. It is
amid events unprecedented iu the re
public that I take the chair as Chief
Magistrate of this State. Iu a time of
profound peace, when no legal of
ficer had been resisted iu the
proper discharge of bis functions,
'to have witnessed a spectacle
abhorreut, to every patriotic heart
and fatal to .Republican institu
tions. Federal troops have been used
to promote the success of a political
Party. Undismayed, though shocked
by this gross violation of the Constitu
tion, and of the courts, our people,
with a determination that no force
could subdue and no fraud could de
feat, kept steadily and peacefully in
tbe path of duty, and resolved to as
sert their rights as American freemen
at the ballot box—that great court or
final resort, before which must be
tried the grave questions of the su
premacy of the Constitution and the
stability of our institutions. What the
verdict of the people of South Caro
lina has been you need not be told. It
has reverberated throughout the State,
and its echo has come back to us from
® Ver y land where liberty is venerated,
declaring in tones that cannot be mis
to \en that, standing on the Constitu
loQ of our country, we propose to
°bey its laws, to preserve, as far as ia
lies, its peace and honor, and to
- arr y "tit in good faith every pledge
toaT‘ by us for reform and honest
government.
,We intend to prove to the world the
B 'ncerity of our declaration, that the
sole motive which inspired the grand
oontest we here so successfully made
w as not the paltry ambition for party
supremacy, but the sacred hope of re
deeming our State. But it was sought
|° wrest from us the fruits of this vic
or.v by a gigantic fraud and a base
conspiracy. When the members elect
*be General Assembly repaired to
toe Cap itol to take their seats, armed
soldiers of the Federal Government
'OQfronted them, and their certificates
; election were examined and passed
_v°n by a corporal of the guard. It
~a s amid these appalling scenes that
“ e members of the General Assembly
■ ore called on to assume their duties
Representatives of a free State,
bbat State one of the original thir-
J r 'fi w ho won our independence and
totned our Constitution. Debarred of
' Qe free exercise of their rights by the
r ssenoe of an armed force, a legal
SSThmSSS
whofe bodv 86 USUrp tho P° wers of the
oy which a candidate for the office of
vo,„T 0 fV dßfeate, ‘ tbe popular
.... ' ‘7 bl “seir declared elected bv
&mmomv?l th t 0 pla? 0 on teco ( d
acts whlihT Protest against
civil m,i?l 1 co ,“‘; 1(ler “ subversive of
Of B ™S destructive of our form
A great task is before the Conserva
tive party of this State. They entered
on this contest with a platform so
£™ ad > 80 strong, so liberal that every
l nest citizens could stand upon iL
ey recognized and accepted the
of the Constitution in
f ™f h ’ they p ! eiif ? e(i themselves to
' lk re.orm, and to establish good
government; they promised to keep up
an efficient system or public educa
tion, and they declared solemnly that
all citizens of South Carolina, of both
races and of both parties, should be
regarded as equuls in the eye of the
law—all to be fully protected in the en
joyment of every political right now
possessed by them. To the'faithful
observance of these pledges we stand
committed, and I, as the representa
tive of the conservative party hold
myself bound, by every dictate or’honor
and of good faith, to use every effort
to have the pledges redeemed fully
and honestly. Let us show to all of
them that the true interest of both
races can best be secured by culti
vating peace and promoting prosperity
among all classes of our fellow-citizens.
I rely confidently on the support of the
members of the General Assembly in
my efforts to attain these laudable
ends, and I trust that all branches of
the Government will unite cordially in
this patriotic work. If so united, and
working with resolute will and earnest
determination, we may hope soon to
see the dawn of a brighter day for our
State. God, in His infinite mercy,
grunt that it may come speedily, and
may He shower the richest blessings
of peace and happiness on our whole
people.
At the close of the address the oath
of office was administered by Trial
Justiee Marshal to Hampton as Gov
ernor, and to W. S. Simpson as Lieu
tenant Governor--the crowd standing
uncovered while the coremouy was be
ing performed. The chair "in which
Gen. Hampton was seated was then
wrapped in the national colors, and he
was borne on the shoulders of a dozen
men to his hotel, escorted by the entire
crowd. Several prominent gentlemen
addressed the multitude from the front
of the hotel, the Congressional Com
mittee occupying a prominent position
on one of -tho balconies—after which
the crowd quietly dispersed.
— • i
FLORIDA.
The Congressional Committee's In
vestigation.
Tallahassbe, December 14. The
Congressional Committee to-day dis
covered what is alleged to beau inter
polation of seventy-two names in the
poll list of a preciuct in Leon county.
This interpolation, the Democrats
charge, was made to cover seventy
two fraudulent tickets of minute size
that were found in the box. The
Democrats charge that these tick
ets were hidden in the folds of
the regular tickets, and thus smuggled
into the box. The interpolation was
charged on the ground that citizens of
the precinct fail to identify any of the
seventy-two names that appear con
secutively in two pages to themselves,
and from the fact that the poll list at
this precinct was not numbered as at
all other precincts. The Republicans
claim that they can explain these facts
satisfactorily to-morrow.
The Supremo Court proceedings were
stopped until Saturday next.
LOUISIANA.
An Honest Republican—He Acknowl
edges His Defeat, and Objects to the
Action of the Returning Board—A
Hard Pill for Wells.
DkSoto Pakish, La., Dec. 12, 1876.
Hon. J. Madison Wells, President Louisi
ana lieturning Board :
I have learned that your honorable
body has returned me as elected to the
Lower House of the Legislature, from
the Parish of*DeSsto. Permit me to
return my thanks for the honor con
ferred, but at the same time permit me
to say that I am unwilling to
accept the position. I am a
Republican from the firm conviction
that the principles of that party are
best for the whole country. It is also
true that I was the'regular nominee of
the party in the parish of De Soto for
the Legislature, and did more than
any member of the party in that
parish to organize it and advance its
interests ; but, sir, kuowing as I do that
I was raiily defeated at the polls, uo
intimidation or fraud having been
practiced by tho opposite party at
any precinct in the parish, so
far as I have been able to
ascertain, after a thorough investiga
tion my self-respect will not permit me
to accept the position. I hope you will
pardon me for taking a step that at
first glance may be thought calculated
to cast some disoredit upon the party
witn which I have allied myself ; but
lam a planter, not a politician. All
my intereests are here; but, Sir, I can
not believe tbe good of the State or
National Republican party can be pro
moted by returning as elected a candi
date se> clearly defeated as myself, in
fact, I am convinced that very much
of the disturbance that has prevailed
throughout the State for several years
past is justly attributable to the fact
that in many parishes men not elected
by the people have been returned
elected and maintained in office by the
power of the Government. I must
believe that you and your associates
have been grossly deceived as to the
manner in which the late canvass and
election in DeSota was conducted, and
as to the result.
Very respectfully,
John J. Long.
Minor Telegrams.
St. Louis, December 14.—The Bre
men Brewery, owned by T. Spangler &
Son, has been destroyed by fire. Loss,
$25,000. , , .
Baltimore, The Academy of Music
was sold at auction to Mr. James for
$165,000. Gary bid for the bondhold
ers.
Sl)e ‘Aiupisin Constitutionalist
CONGRESSIONAL.
Proceedings of the Two Houses Yes
terday.
Washington. December 14. —The
Senate, in the morning hour, took up
the resolution to print extra copies of
the President’s message and accompa
nying documents, in regard to the late
election in Louisiana.
Mr. Thurman moved to amend so as
to have printed with the message
and documents the memorial of Messrs.
B °gy, Stevenson and McDowell, em
bracing the report of the Democratic
Committee which witnessed the count
in New Orleans. A lengthy discussion
followed.
The Committee on Privileges and
Elections have postponed the consid
eration of the New Jersey case, for
lack of witnesses. They informally dis
cussed the law as bearing upon this
and the Oregon and Vermont cases.
The House passed Huuton’s caucus
resolution appointing a committee of
seven to inquire into the powers of the
House, etc., respecting the counting of
the electoral vote.
In the House, a resolution was re
ported by Mr. Knott, from the Judi
ciary Committee, and adopted without
discussion or division, for the appoint
ment of a committee of seven, to act
in conjunction with any similar com
mittee appointed by the Senate, to
prepare and report without delay such
a measure, either legislative or consti
tutional, as may be nest calculated to
establish a proper mode of counting tbe
electoral votes for President and Vice-
President, and determining questions
that may arise as to the legality and
validity of returns made by such votes
by the several States. Also, for the
appointment of a committee of seven
members of the House to ascertain and
report what are the privileges, powers
and duties of the House in counting
the electoral vote.
The Senate amendments tc the post
route bill of last session, re-establish
iog fast mail service and franking priv
ileges, were rejected. The Post Office
appropriation bill was considered, with
out action. Adjourned.
Nominations—John Sake, Marshal
for the Southern District of Missis
sippi; Petkin, for Louisiana; Kenney,
postmaster at Austin. Texas.
The Senate confirmed a number of
postmasters.
Washington, December 14.—Sher
man called up the re 3 olution to print
10,000 copies of tho President’s Louis
iana message, with accompanying doc
uments. The amendment to print and
bind the Democratic report with it was
agreed to and the resolution adopted.
Sherman made a very bitter speech,
and the debate throughout was angry
and inflamatory. The resolution re
garding Oregon, comes up to-morrow
as unfinished business. Adjourned.
PRESIDENT GRANT AND THE
UNITED STATES TROOPS.
His Reply to the Senate Resolution.
To the Senate of the United States:
In answer to the resolution of the
Senate, of the 6th instant, requesting
information as to whether troops of
the United States were stationed at
the city of Petersburg, in the State of
Virginia, on the 7lh of November, 1876,
and if so, under what authority and
for what purpose, I submit the enclos
ed letter from the Secretary of War,
to whom the resolution was referred,
together with the report of the Gen
eral of the Army, and accompanying
paper. These enclosed documents
will give all the information called for
by the resolution, and I confidently
believe wifi justify the action taken.
It is well understood that the presence
of United States troops at polling
places never prevented the free
exercise of the franchise by any
citizen, of whatever political faith.
If, then, they have had any effect
whatever upon the ballot cast, it has
been to insure protection to the citizen
casting it—in giving it to the candidate
of his unbiased choice, without fear—
and thus securing the very essence of
liberty. It may be that the presence
of twenty-four United States soldiers,
under the command of a Captain and
Lieutenant, quartered iu the Custom
House at Petersburg, Va., on the 7th ol
November, at a considerable distance
from any polling place, without any in
terference on their partVhatever, and
without going near the polls during tbe
election, may have secured a different
result from what would have been ob
tained if they had not been there to
maintain the peace in case of riot on
the face of the returns. But if such is
the case, it is only proof that in this
one Congressional district in the State
of Virginia the legal and constitutional
voters have been able to return as
elected the candidates of their choice.
U. S. Grant.
Executive Mansion, Dec. 14,1876.
INDIANA.
The Democratic State Committee’s Ad
dress—A Convention of the People
Called for Janaary Bth.
Indianapolis, December 14.—The
Democratic Committee has issued an
address to the people of Indiana,
which calls upon all people, without re
spect to party, who make our country’s
welfare paramount to every other con
sideration—all who say that the vote
of the people shall not be defeated by
fraud, and all who stand by fair play
and honesty—to meet at their county
seats on December 23d, to make ex
pression of the popular judgment that
cannot be disregared, and to appoint
men as their delegates to a State Con
vention on January Bth, who will fear
lessly and prudently make such declara
tion and take such action as will give
our State her proper position and in
fluence in maintaining Constitutional
Government and its rights, and the
liberties of the people.
Marine Disasters—Loss of Life.
London, December 14.—The bark
Huddersfield was sunk from a collision
with the bark Kelly, off Start Point.
Fifteen were drowned. The Kelly was
abandoned in a leaking condition.
New York, December 14.—The bark
Emma and Carl, from New York for
Statting, capsized off Orkney Islands.
Eight were drowned.
New Orleans, December 14.—The
steamer Homer sunk opposite Payne’s
landing, on Red river. The cabin
passengers are all saved. Ten deck
passengers were lost. The boat and
cargo is a total loss.
New York Items.
New York, December 14.—The Aider
men have passed a resolution author
izing the Mayor or other city authori
ties to consider the propriety of light
ing the city with oil with a view to de
feat the combinations of gas compa
nies.
AUGUSTA, GA.. FRIDAY, DECEMBER 15, 1876.
FOREIGN NEWS.
How the Ministerial Crisis was Settled
in France —The Eastern Question.
Paris, December 14. —The solution of
the Ministerial crisis was brought
about by President MacMahon plainly
informing the Ministers that he should
not hesitate to issue a manifesto to the
nation, to explain his determination
and dissolve the Chamber of Deputies.
It is stated that Gambetta’s programme
was not entertained for a moment.
Paris, December 14.—The dispatches
on Bourse report a two mouths’ pro*
longation of the armistice.
Versailles, December 14.—Jules Si :
mon, the new President of the Council
and Minister of the Interior, made a
statement in the Chamber of Deputies
to-day regarding his policy, which was
well it-celved.
London, December 14.—A dispatch
from Constantinople to Reuter’s Tele
gram Company says : “It is not true
that tho Marquis of Salisbury and Gen.
Ignatieff are not agreed concerning tha
occupation of Bulgaria. This question
has not even been disgussed.”
Berlin, December 14. Parliament*
by a vote of 20G to lie, has rejected a
motion to postpone the abolition of im
port duties on iron until the first of
January, 1879.
Brussels, December 14.—The Presi
dent of the Union Du Credit Bank has
absconded. Loss heavy.
From South America.
Havana, December 14.—A French
steamer, arrived from St. Thomas,
brings advices to the 9th of the cap
ture of the steamer Moctezuma, which
was arraigned in Kingston, Jamaica.
The chief of the captors, Leoncio
Prado, a son of President Prado, of
Peru, was in Kingston up to within a
few days of the capture, and was ap
parently there supplied with money.
On the 22d ultimo the Spanish man-of
war Pizurro arrived at Port au Prince,
in search of the steamer Moctezuma,
but left the next morning, having been
unable to obtain any information con
cerning her.
The French man-of-war, Commander
Broslet, arrived at St. Thomas Novem
ber 24th from Martinique for the pur
pose of exhuming the corpse of Rear
Admiral Benic, and shipping the same
by the mail steamer Ville Debordeaux
to France.
Business continued dull and heat in
tense. Six vessels had entered the har
bor of St. Thomas in distress, among
them beiug the American bark Moni
tou, Capt. Frower, from Baltimore,
bound for Pernambuco. She had lost
foremast, bowsprit and sails, and was
leaking.
Advices from San Domingo to the
30th says tranquility reigns through
out the republic, the ports of Auzua
and Montechristi having surrendered.
Some uneasy feeling, however, still
prevailed throughout the country. Bus
iness was dull and money extremely
scarce.
Advices from Jacmel to the 26th,
state that perfect tranquility prevails
in Hayti. The coffee crop will fall very
short this year, on account of- damage
by a hurricane. Coffee is now valued
at 813 per quintal.
Ex-President Geffrard has arrived at
Port au Prince.
President Canal adopted a liberal poli
cy. He permits Haytians of all politi
cal denominations to return to their
country.
ST. LOUIS.
Further From tlie lee Drift Disaster.
St. Louis, December 14. —The Lake
Superior is afloat, but leaking badly.
The War Eagle is afloat with a hole in
her bottom. Tho Alex Mitchell is ap
parently held up by the ice. The Andy
Johnson is badly hemmed in. The
Davenport sunk to her boiler deck,
and the Red Wing, Minneapolis, Rob
Roy, and Northwestern were safely
moored below the gorge. The Golden
Eagle is safe.
St. Louis, December 14.—There is no
change in the condition of the ice
locked steamer at the arsenal. The
gorge is still Arm.
More from the Ice Gorge.
Louisville, Ky., December 14.—The
navigation of the Ohio river here is
closed. TUe harbor in front of Louis
ville is clear of ice, but cannot long re
main so, as the gorges exist above and
below the city, and the weather is turn
ing colder. Failing to hear from local
packets from below, long overdue,
confirms the opinion that the gorge
exists below. The gorge above the
city remains solid.
GOV. IIAYES.
He Addresses a Serenading Party,
and is Still Hopeful.
Dayton, December 14.—Gov. Hayes,
responding to a serenade, said : “ I
have too much faith in the common
sense of the American people to think
that they desire to see in their country
a Mexicanized government. Whatever
may be the result at which the lawful
authorities shall arrive, you and I will
quietly submit; and I have sufficient
respect and confidence in the great
majority of the opposition party to
believe that they will do the same.”
FROM WASHINGTON.
News and Gossip from the National
Capital.
Washington, December 14.—A coun
ter statement, signed by Zach Chand
ler, and furnished to the press at mid
night, concludes : “ Hayes and Whee
ler are elected, and tho will of the
American people will be carried out
and maintained.”
Washington, December 14.—The
Commissioner of Internal Revenue has
modified the tax on the manufacture
of stills for scientific and medicinal
purposes. No tax is now required on
stills of five gallons or less capacity.
The ruling is retroactive.
Destructive Fire at Augusta, Maine.
Augusta, Me., December 14.—A fire
this morning destroyed the establish
ments of J. S. Hendee, photographer;
Mrs. Y. T. Blackwell, milliner; J. C.
Hovey, musical instrument dealer; G.
W. Jones, auctioneer; Vickery &
Rogers, printers; Johnson, druggist; G.
W. Quimby, the Gospel Banner office
and Fuller & Copeu, sewing machine
agents. Loss $40,000.
Insolvency of the Security Life Insur
ance Company.
New York, December 14. —The Presi
dent of the Security Life Insurance
Company appeared before Judge Brady
this evening, on an order to show cause
why the Receiver of the oompany should
not be appointed, and acknowledged its
insolvency.
Judge Brady appointed Mayor Wick
ham Receiver.
AN ELOQUENT STATEMENT.
CHAMBERLAIN’S LIES EXPOSED.
Senator Gordon Replies in Detail to
the Bogus Governor of South Caro
lina—The Calcium Light of Trnth
Thrown on the Controversy.
To the Editor of the Tribune:
Sir: I thank you for permission to
answer Gov. Chamberlain’s communi
cation of the 4th inst. to the Tribune,
in which he refers to myself. How
“exact and faithful” are Gov. Chamber
lain’s statements, will appear below. I
take his dispatch in detail:
1. Our complaint is not so much
against the direct action of army offi
cers as against the placing of the army
under the control of Governor Cham
berlain, a candidate, and of Dennis, his
confederate.
2. His “faithful statement” that the
Democrats Intended forcibly to possess
and hold the hall on the night before
the Legislature met, is absolutely
groundless. The truth is, they had
full possession in caucus, and adjourn
ed at nine or ten o’clock that night,
leaving no Democrat in or about the
State House. Gov. Chamberlain’s
United States troops took possession
in two or three hours after the Demo
crats adjourned.
3. His “faithful statement” that he
had lot a State force to carry out his
programme, is a most suggestive ac
knowledgement in the face of the fol
lowing truths: H has had all Repub
lican judges, every one in the State,
elected by the Republican Legislature.
His Legislature had refused to provide,
as the Constitution requires, for the
election of justice of the peace by the
people, and given him power to appoint
trial justices from his own partisans in
stead, every one of whom he has ap
pointed in every district in the State.
He claims twenty thousand majority
of Republicans in tho State. He has, in
the entire, militia, not a white mili
tia company in the State. Even the
rifle clubs were all disbanded. He had,
by law, control of the police of every
city. He had, by law, the State cons
tabulary, wltn unlimited power to ap
point as assistants, and arm every Re
publican and every Democrat in the
State. At the very time he dated his
dispatch the constabulary was in the
State House with United States troops,
and is now in the State House admit
ting whom and refusing whom it
pleases. With all this force Governor
Chamberlain cannot keep the peace.
Governor Hampton can do so with no
force except the civil tribunals and
public opinion.
4. Mr. Chamberlain’s “faithful state
ment” that no person holding the cer
tificate of the Secretary of State was at
any time refused admission to the
State House or hall will be properly
appreciated when it is known that, in
company with Jeffries and Peak, mem
bers from Union county holding said
certificates, I stood by and heard the
corporal of the guard refuse and state
that no man could enter without a pass
from Dennis or Jones, holding no offi
cial position. Jas. L. Orr, B. F. Sloan,
and J. S. Verner, who held certificates
from the Secretary of State, applied to
tho guard at the door for admittance.
The corporal asked what they wanted.
They replied, “We are members of the
Legislature and want to go to the hall.”
He immediately replied, “You can’t
come in,” and slammed the door in
their faces. When the first Democratic
member succeeded in entering the hall
he found the House without a quorum
already organized, and Mackey in the
chair. These facts will be eseablished
by sworn statements of members and
of as good men as are in the Union.
5. As to the power of Jones, the for
mer clerk, to exclude whom he pleased,
and as to the duty of the military to
enforce his orders, it is sufficient to'say
that such a rule applied to ail the
States would make voting useless, and
government by the people a mockery.
6. Governor Chamberlain appeals to
courts and lawyers to sustain his ex
traordinary assertions that tho mem
bers from Edgefield and Laurens coun
ties had no valid certificates. If he
will refer to the decisions of his own
Supreme Court, both as recently de
clared in its judgment as to the consti
tutionality of the Wallace House, and
former judgment in 1871 as to the suffi
ciency of county canvassers, returns
when the State Board refuses to per
form its duty, he will be stopped from
further appeal. The Edgefield mem
bers had not only the certified judg
ment of the court, but the county can
vassers’ returns, which the court
nearly three years ago declared suffi
cient. Eveu the Supreme Court of tho
United States feels itself bound by the
decisions of the State Supreme Courts
in all matters of construction of the
State laws. In the case of Leffinweli
against Warren, December term, 1862,
the United States Supreme Court says;
“The construction given to a statute by
the highest judicial tribunal of such
State is regarded as a part of the stat
ute, and is as binding upon the courts
of the United States as the text. If
the highest judicial tribunal of a State
adopt new views as to the proper con
struction or such statute and reverses
its former decisions, this court will fol
low the latest settled adjudication." It
is difficult to conceive of language
stronger or more pointed. The Su
premo Court of South Carolina, I
think, stands exceptionally well with
the United States SupremeCourt,none
of its decisions, I believe, ever having
been reversed upon appeal to the latter
Court.
But, binding as are the decisions of
the court upon even the Supreme Court
of the United States, upon questions
involved in the controversy, they are
not considered by Gov. Chamberlain as
binding upon hitn or his co-conspirat
ors. Gov. Cnamberlain’s idea of a quo
rum or the House is the essence of
absurdity if the plain declarations of
the State Constitution and the uniform
decisions of courts are of any conse
quence ; and his employment of force
to make his own edict superior to these
would be treason in any State where
the Constitution and courts availed
against the lawless purpose of a con
clave of citizens. Art. IL, Sec. 4, of
the State Constitution says; “The
House of Representatives shall consist
of 124 members,” Sec. 14 says: “A
majority of each House shall constitute
a quorum.” The Supreme Court, in
deciding that the Wallace House had a
constitutional quorum, say this is no
new question. But the same Court
decided that a majority of 124 mem
bers constituted a quorum in a former
case, and not a majority of IJ6, as de
cided by Gov. Chamberlain. This de
cision was given in a case not political,
and when the Court and Gov. Cham
berlain were in accord. What injustice,
therefore, to pretend the Court was
biased in its judgment!
In the present case Gov. Chamber
lain was defeated by the fair, legal vote
of the people, counted in by a House
which had not legal existence, sworn in
by a court officer whose term of office
had expired and in defiance of an ordi
nance which positively requires the
oath to bo administered by the Chief-
Justice or Associate Justice of the Su
preme Court, and he commands the ar
my to support this pretence and fraud
of a title. It is not surprising that he
objects to dispatches which acquaint
the American people with the subver
sion of civil government by the army
under bis orders. When courts are de
fied and representatives convene and
receive orders from the brigadier-gen
eral commanding both army and the
Legislature, and the people of the
North approve it, all we can say is that
republican goyernmept is a failure. In
South Carolina not only its substance
la gone, but civil liberty is denied even
decent burial under the forms of civil
law. Such are the facts which the
people of the United States must face
iu 1876. J. R. Gordon.
Columbia, S. C., Dec. 10, 1876.
FROM WASHINGTON.
Attitude of Gov. Tilden—Mr. Hewitt
and the President —Occult Influence
of Political Strategy.
(Special Dispatch to the Baltimore Sun.)
gov. tilden.
Washington, December 11. Mr.
Hewitt did not return from New York
this morning with Speaker Randall and
the other gentlemen who accompanied
him on Saturday last. It is understood
that the gentlemen, when they called
on Governor Tilden, found him in no
mood to surrender his right to the
Presidency. He believes that he is the
choice of a majority or the American
people expressed at the polls, and that
he has fairly and legally carried much
more than the necessary majority in
the electoral colleges. He considers
that his right to the vote of the electo
ral colleges of South Carolina, Florida
and Louisiana is as broad and as un
questionable as to the vote of any one
of the other States which have de
clared for him. He does not counsel
and he does not wish anything like rev
olutionary measures, but, as he knows
himself to have been elected to the
Presidency, he intends to use and ad
vise the use of all available means to
secure the possession of that office.
MR. IIEWITT AND THE PRESIDENT.
The partisan administration papers
are assailing Mr. Hewitt with a great
deal of venom for “seeking an inter
view with the President and then mis
representing his conversation.” The
truth is as stated iu these dispatches.
The first interview of Mr. Hewitt with
the President was at the wish of the
President and not by reason of any
solicitation on the part of Mr. Hewitt.
The President, although he may not
have said it in so many words, most
positively did lead Mr. Hewitt to be
lieve that when either of the rival
Houses of the South Carolina Legisla
ture received sixty-three members
with the certificate of the Returning
Board he would recognize that House.
There is no doubt that at the time the
President made this impression on Mr.
Hewitt he meant what he said. It is
also true that when the President soli
cited the interview with Mr. Hewitt he
was apprehensive that the House of
Representatives would impeach him.
Or course he knew that the Sen
ate would acquit hitn on what
ever charges were brought, but
he did not wish to have the odium
of au impeachment clingiDg to him
for after time. Subsequently to his in
terview with Mr. Hewitt several of the
more extreme members of the cabinet
and a number of the Radical Senators
labored very hard with the President
to induce him to change his mind in
the South Carolina matter and repre
sented to him that there was no dan
ger whatever of tiis impeachment by
the House of Representatives. These
representations had the desired effect,
and the result was the instructions to
Gen. Ruger alluded to in these dis
patches of Friday night. No matter
by whom oontradictod now, it is a liv
ing truth that within the last three
weeks the President has been disposed
to do what was right both in Louisiana
and South Carolina. He was mo ml to
this conclusion principally by the state
ments made so freely that Gov. Hayes
would, if he obtained the Presidency,
repudiate GrauUsm utterly, and
every principal officeholder appointed
by the President. Such statements
could but have a most powerful ef
fect upon such a nature as that
of the President, Through the
efforts of those interested these impres
sions have been removed. The Presi
dent is now satisfied that Gov. Hayes*
administration would be a continuation
and an indorsement of his. He has no
further fear of impeachment, and
therefore has gone right back into the
arms of the Radical schemers and plot
ters for Hayes’ elevation and the con
tinuance of carpet-bag domination
wherever it has now a foothold. He is
in fact just where his instincts and his
associations naturally lead him, and he
would never have wavered far an in-,
stant but for what he regarded as a
grievance personal to himself. Mr.
Hewitt sent word to the President that
he proposed to have his conversation
with him taken down by a stenographer
for|publicatioo, but that it would be
submitted first to him for any correc
tion he might have to make. The
President did not wait for this, but yes
terday seat for the agent of the Asso
ciated Press ahd, gave to tiie world
what may bo justly characterized as
the most partisan and undignified effu
sion which has ever emanated from the
occupant of the White House.
Me. Beecher on ihe Brooklyn Djs
-iSTEB.—Xq a sermon on the burning of
the Brooklyn Theatre und the loss of
life attending it, delivered on Sundav
last, Rev. Henry Ward Beecher §aiu;
f ‘My heart has no blame for the
proprietors or the builders of the
theatre that has been destroyed.
They erected it according to the best
knowledge they poasossed at the time,
and put into it the best material they
could. They were nof knowingly at fault,
audit is for us to learn a lesson from
the disaster. My friends speak of what
faciliities for egress might have been
and should have been, but I tell you
if you were to put down two thousand
men in the open praifie uhd create a
panic among them they will trample
one another under foot. You might
make every window of a theatre a door,
loop up the very walls themselves, tell
the people to fly from the scene of
danger, yet there will surely be de
struction. Men under such circum
stances are animals, and you can no
more reasou with them than you can
stop a rushing herd of buffaloes by
reading them the ten commandmepts.
In such excitements all human in
fluences are lost, 5 *
Corn is more plentiful in Berrien
county than for several years past, but
it is still selling at one dollar per
bushei.
SUPREME COURT DECISIONS.
Rendered in Atlanta. Ga., December
12.1876.
Mendleson vs. Pool. Rule from Rich
mond.
WARNER, C. J.
This case came before the court
below on a rule against the sheriff to
distribute money, on the following
statement of facts: That Shadrack S.
Pardue, as trustee for Mary S. Pardue
and children, sued out an attachment
against Jas. M. Pool for the sum of
$2,840.68, which was levied by serving
a garnishment on Heard & Cos., as
garnishees of Pool. In June, 1870,
the plantiff in attachment obtained
judgment against Pool for the afore
said sum of money for trust Droperty
which he had converted. The money
in the sheriff’s hands was raised from
the garnishees as the property of Pool.
Mendleson placed three justices' court
fi. fas. in the sheriff’s hands, issued on
judgments obtained against Pool in
Dec., 1869, and claimed that the money
due thereon should be paid out of the
money in the sheriff’s hands, raised
from the property of Pool. The court
ordered the money in the sheriff’s
hands, realized by the garnishment
upon Heard k Cos., to be paid
over to Pardue, trustee. - Whereupon
Mendleson excepted. The judgment
against Pool in the attachment suit in
favor of Pardue, trustee, in which the
summons of garnishment issued, is
dated in June, 1870. The judgments
on which Mendleson’s fl. fas. issued
against Pool, are dated in December,
1869, and being of older date than Par
due’s judgment against Pool, were en
titled to priority of payment of the
proceeds of his property. The money
in the hands of the sheriff was raised
by virtue of a process of garnishment,
as the property of Pool in the hands of
the garnishees, and should have been
distributed as such between his judg
ment creditors according to the pri
orities now established by law. Code
3545.
Let the judgment of the court below
be reversed.
C. H. Cohen, for plaintiff in error.
H. Clay Foster: Salem Dutcher, for
defendant.
i Harris vs. Henson. Habeas corpus,
from City Court of Augusta.
; WARNER, C. J.
This case came before the court be
! lowon a writ of habeas corpus, the pe
titioner therefor alleging that he was
illegally detained in the custody of the
keeper of the common jail of Richmond
county. On the return of the writ the
jailer produced the body of the peti
tioner, Byrd Harris, and showed, as
cause for his imprisonment and deten
tion, a bail writ and process in an ac
tion of trover for the recovery of per
sonal property, sued out by the plain
tiff therein against the said 'Harris, un
der the provisions of the 3418th, 3419th
and 3420t1i sections of the Code, and
which had been duly served. On the
hearing of the motion for the discharge
of the petitioner, he offered to prove
his inability to produce the articles of
personal property for which the action
i of trover was brought, whieh the court
refused to allow him to do, and re
manded the petitioner to jail. Where
upon the petitioner excepted. The
constitution of 1868 declares that
“there shall be no imprisonment for
debt.” By ofthis State the
owner of personalty is entitled to the
possession thereof, and any depriva
tion of such possession is a tort, for
which an action lies. Code 8,020. The
object of the act of 1821 (the provis
ions of which are substantially em
bodied in the Code) as declared by the
preamble thereto, was the more effect
ually to quiet and protect the posses
sion of personal property, and to pre
vent the taking possession thereof by
fraud or violence. Cobb’s Dig., 481. The
bail required in actions of trover for
the recovery of personal property, un
der the provisions of that statute and
the proceedings authorized by it, can
not in any legal sense be considered as
an imprisonment for debt If one man
obtains the possession of the personal
property of another by fraud'or vio
lence, or having possession of it and
there is reason to apprehend tjiat it
will be eloigned, or moved away or
will not be forthcoming to answer' the
judgment that may be made in the
ease, there would seem to be no
reason why he should not be °pro
i ceeded against, and be required to com
ply the terms of the statute made
aud provided for such cases, and if tho
defendant should imprisoned Id. no
cor dance with the terms of tho statute
oa his failure to comply therewith, he
cannot be said to have been imprisoned
tor debt. 4he theory of the statute is
to prevent the taking possession of
personal property by fraud or violence
and thereby prevent the truo owner
thereof from recovering it, and also to
prevent a breach of tho peace in at
tempting to do so, by requiring the de
fendant to enter into a recognizance
with security, for the forthcoming of
the property, to answer the judgment
in the case, and if the defendant falls
to give such security, tlieq it is made
the duty of the sheriff, or other lawful
officer, to the property and
deliyer it over to the plaintiff
upon his entering into like recogni
zances, with security, and if the prop
erty is not to be found, and cannot bo
seized by tho sheriff or other lawful
officer, tho defendant shall ho commit
ted to jail, to be kept in safe and close
custody until the aaid personal prop
erty shall be produced, or untff ho
shau enter into bond, with good secu
rity, for the eventual condemnation
money. In the case now before us, tho
defendant failed to enter into a recog
nizance, with security, for the forth
coming of the property, as required by
the statute, and the property sued for
waa not to be found, so that it could be
seized by the sheriff and delivered over
to the plaintiff, and the sheriff, in obe
dience to the express mandate ef the
statute, committed flm defendant to
jail, where th,e statute declares that he
shall ha in safe and close custody
until the personal property sued for
shall be produced, or untp x ha shall
enter into bond, with good security, for
the eventual condemnation mo’aev.
The defendant pot having produced
the property, nor offered tq enter
into bond, with good for
the eventual condemnation money
the court remanded the defendant
to jail, The defendant offered to
prove at the hearing hU inability to
produce the property sued for, and the
question is, if he had been allowed to
do so by the court, whether proof of
that fact would have authorized his
discharge, m view of the provisions of
the statute? The inability of the de
fendant to produce the property is not
made by the statute one of the
grounds for the defendant’s discharge
he may have sold th,a property and*
put the money pj i*j pockety and* thus
have phased It out of his power to pro
duce it. The production of the proper
ty, or entering into bond, with gootfse-
for the eventual condemnation.
SIX DOLLARS A YEAR
money, are the only terms prescribed by
the statute upon which the court was
authorized to discharge the defendant
from custody. It is not the business
of the courts to make the law, but to
enforce the law as It is prescribed by
the supreme power of the State, which,
in our judgment, the court below has
done in this case. The 4,023 rd section
of the Code declares that no person
shall be discharged, upon the hearing
of a writ of habeas corpus , when it ap
pears that the detention is authorized
by law. Let the judgment of the court
below be affirmed.
C. H. Cohen, for plaintiff in error.
F. W. Capers; E. M. Habersham, by
Frank H. Miller, for defendant.
Harral vs. Wright & Jessup, executors.
Assumpsit, from Richmond.
BLECKLEY. J.
1. If a tenant in common, after tor
tiousiy repudiating his co-tenant, re
sumes the relation before the bar of
the statute has intervened, and then
repudiates him again, the latter breach
of the relation will be a cause of action.
And the like rule prevails between
bailee and bailor.
2. Where the action is assumpsit for
the value of goods converted by a ten
ant in common or by a bailee, the cause
of action is to be considered as having
accrued when the defendant Anally
ceased to hold consistently with, or in
subordination to, the plaintiff’s title,
and the plaintiff liecame aware of it.
This time should be ascertained by the
jury from all the evidence before them,
and not fixed by regarding only a sin
gle letter, order, or other document,
and the matters specially connected
therewith.
3. The law of prescription is not ap
plicable to an action of assumpsit.
4. Where a tenant in common, hav
ing possession of the joint property,
makes an entry in a book indicating
that he no longer holds for his co-ten
ant, such entry is admissible in his fa
vor, on a plea of the statute of limita
tions, if notice of it be brought
to tho co-tenant; but without such, no
tice it is not admissible.
5. Notice of an entry in the books of
a dissolved copartnership of which
both tenants were formerly members
is not notice of a litco entry in some
other book.
J udgment reversod.
Barnes & Gumming, for plaintiff in
error.
W. T. Gould, W. A. Walton, for de
fendants.
The Summerville Plank Road Cos. vs.
The Deutscher Schuetzen Club. Cer
tiorari, from Richmond.
BLECKLEY, J.
1 The law does not provide for the
assessment of damages to be paid by
piivate persons as a condition prece
dent to opening a public road. When
the proceedings are had which are pro
vided for, only the county or the owner
of the land can complain of the verdict
by writ of certiorari. Code, <5645. The
writ issues to the justice of the peace
who presided at the assessment and
not to the County Judge or the ordi
nary.
2. When the owner of the land and
certain persons who petitioned for the
road consented to refer to the County
Judge the legal effect of the verdict
for damages, it was a mere private ar
rangement, and the Superior Court
could not, on certiorari, at the instance
of the petitioners for the road, reverse
the action of the County Judge, and
order the road opened without the pav
ment of any damages.
J udgment reversed,
i rank H. Miller, for plaintiff in er
ror.
Barnes & Gumming, for defendant.
Patrick H. Lynch vs. Wm. Gannon Il
legality, from Richmond.
JACKSON, J.
. affidavit of illegality cannot go
behind the judgment. Any defense
arising before judgment must be plead
ed before judgment.
2. Where the defendant inlfi. fa. al
leged and swore that he made a con
tract before judgment with the attor
noy of plaintiff to take certain accounts
ol the defendant in payment of the
debt, and was told by the attorney that
ae need not trouble himself more in
the court about the case, and that judg
ment was taken against him notwith
standing tho agreement, and that after
judgment the plaintiff received the
money collected from some of the ac
counts and thereby ratified the con
tract, and where the attorney testified
to the contrary, that the accounts were
not taken in discharge of the debts,
but to oollect and apply to the debt
as far as they would go, and the ac
counts themselves show that their
sum, if all collected, would not have
paid the debt, and the balance due
was neither paid nor tendered
and that all accounts collected had
been applied to the debt and credited
on the fi. fa., and no laches were im
puted to the attorney or the plaintiff m
tho collection of the accounts, so that
though some were lost by insolvency
they were lost by neglect, and when
defendant himself swore that the debt
of plaintiff was honest, and failed to
show that he had been deprived of any
legal defense* even if his version of the
contract was tho true one, or had been
in jured In any way by the conduct of
plaintiff or his attorney:
Held, That the court and jury were
right in charging and finding against
tho affidavit of illegality, and that the
execution was properly ordered to pro
ceed—no case being made on the facts
of any defense even before judgment
much less of any defense analog aftee
the judgment.
Judgment affirmed.
Saiern Butcher. Jo* plaintiff in error.
piluk Lartutt - Hook * Webb - *”
James MeAndrew m the Augusta
Mutual Loan Association. Fore
,rom Kicbmoati.
The record and bill of exceptions in
tkS 2!® f , aii,ng to 861 out peti-
Shl>V * r ? ,e ?‘ 81 * or ru,e absolute, or
other final judgment of the court be
-Iqv, from which an appeal can be
taken to this court, the writ of error is
dismissed in accordance with the
ruling m Bean & Cos. vs. Hadley, de
livered m September 19th, at the
present term.
Judgment affirmed.
Hook & Webb, for plaintiff in error.
for dtfeXr Bal “ < * &
Dortic vs. Lockwood. Equity, from
Richmond
BLECKLEY, J.
rJ^ ere cause is tried ir
t egularly and imperfectly, and the ~e
sultK not satisfactory to the presiding
triJwinno} U hS lnoak anew
r6TeiSKI b >' “ Su-
Judgmeat affirmed.
IS Hmif’ f , or P, laiutiff in error,
ilauo. H. Miller, for defendant