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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