The weekly Augusta chronicle. (Augusta, Ga.) 1892-19??, April 26, 1893, Page 8, Image 8
8
A'v lIiNT AND MODERN.
, j ■ .sts in Naval Architecture
in Hampton Roads.
Tiie Santa Maria Presents an Ex
tremely Striking Picture.
Interesting Incidents of the Arrival of
tho Fleet rorn Spain.
Fort Monroe, Va., April 21. —We have
today been curried back 400 years uud
me forced to acknowledge that the rep
resentatives of that by-gone age are, iu
spite of the advance of modern science,
by far the most interesting vessels iu
this collection of magnificent specimeiw
of naval architecture. There wits more
that was really dramatic in the ap
proach of tlie Columbus Heel than in
any e.cnt that has occurred or probably
will occur during this review. Early this
morning the lookouts were puzzled at
what their glasses disclosed to them in
the direction of Lviinliuven Road. The
masts of several war-ships were plainly
visible, but they were apparently im
movable, and were reported as being at
anchor After awhile, however, they
were seen to be moving slowly up this
way. md us they drew nearer it was
no. cd that they each bad smaller craft
i tow. Word was at once passed, and
from this on their movements were
watched with most intense interest
I.Mm the small children themselves took
more than a passing notice of what
seemed so attractive to their elders, and
one little ghd ran tip to her mother in
the Hygeia and said: “Oh mamma, now
I can hive soi , they say down in the
office that, tlic caramels have come.”
The first, to approach was the flagship
of the Spanish admiral, the little white
cruiser Infanta Isabel, and as the yel
low and red ensign of Spain was report;
cd to Colonel Frank as Hying on the
larger vessids that, were towing the
smaller he very gracefully ordered a
national salute of 21 guns to be tired in
honor of the caravals without waiting
for the Spaniard to tire first. The ar
rangements made for showing the com
bined fleet the old craft could not have
been better, and the theatrical effect
of tlie whole was everywhere remarked
upon. When the Infanta Isabel and the
Pinta, which she had in tow. reached
tlie outermost vessel of the squadron
instead of turning toward the place as
signed for anchoring she continued un
derway and passed between tlie two col
umns of war-ships, accompanied by the
torpedo bout Cushing that had been sent
bi Admiral Cbernrdi to show the way
Following after her at the distance of
half a mile came the Nuevu Espana, a
torpedo guuboiut, towing the Nina.
These two war vessels having reached
the extreme end of the lino where the
Frenchmen are at anchor, turned away
from the shore and parsing up ou the
shore side of the outer column anchored
abreast of the English ships, casting oft
their tows, which also dropped anchor
ait such a distance as to prevent their
swinging ngu'uist any neighboring ships
at the turn of the tide.
Following at fiiTt a mile astern was the
Reina Regents towing tlie Santa MaHa.
the famous flagship of that wonderful
Inin who has been variously styled a
pirate, a slave, a philosopher and a
blood-stained mercenary. No better and
perhaps no worsts than Ins fellows whose
crimes he shared, but to celebrate whose
achievements there is all this grand
naval display and the other grout events
of the year. Instead of following on iu
the track of her leaders tlie'Reina Re
geutn jiasSed outside of all the vessels
at the anchorage and' when she had
towed her caraval to the extreme end
of the line, she cast off the Santa Maria.
Al this point began the most truly
dramatic and realistic event of all that
was so truly wonderful. Just before
dropping the line that was towing her
the men aboard the Santa Maria were
sent aloft to loose sail, and when she
next appeared to the wondering gaze of
the thousands who had gathered on the
ships, the yachtjs, the excursion steamers
and who crowded the wharf and the
hotel fiiazzas, it was under a cloud of
i.invass. with every stitch of sail seen
mid bellying out before the freshening
soi (Invest breeze. Luckily the I hie was
against the wind, so that ample bine was
ottered (he observers to take in the wili
est d ails and watch her every inove
i nt. Sj perfectly has she been copied
from the old cuts that we have all been
familiar with that it seemed as though
(the one thing necessary was to have
that representative son of the amazing
ly virile old fifteenth century Columbus
himself, standing on top of his immense
ly high poop deck and doffing his cap
in return for the salutes hi' was receiv
ing from guns and bands, while he
might be racking his brain to find out
who we are and what under tho sun we
were about. It would only bo what
our historians would have been four hun
dred years in not finding out iu regard
to himself. The modern historical
methods seem to have somewhat upset
and smashed the old image of the dis
coverer, and we have not yet recovered
sufficiently from ithe shock as to be able
to make a choice among the rival designs
of a figure to replace him. Probably it
will be well on toward the fifth centen
nial commemoration before the matter
is settled or more unsettled, but how
ever it turns we shall not be bothered
■with the decision.
As the Santa Maria stood down be
fore the wind the first of the sails that
caught the eye was the spiritsail, a
small square sail set oa a, yard that
is suspended out ou the head booms per
pendicular to the bowspirit, it was right
about iu this position that the first sol
dier iu the ship’s company used to stand
iu the old-time ships that fought bowson,
and from the fact of his being si knight
the position has since been called the
“knighthead." Standing here was a
sailor dressed, to be sure, in the present
Uniform of a Spanish man-of-war’s-man,
but placed there as a lookout to warn
the helmsman if there was risk of rim
ing into a passing vessel or upon some
unexpected danger. It was an extreme
ly striking picture, and one without a
great stretch of tlie imagination could
readily have fancied 'that as the position
taken by the navigator himself when,
upon approaching the first land made in
the West Indies, he stood there to guide
bis vessel thrugh the coral reefs and
safe into the harbor. On the low fore
mast was spread a square sail, carrying
iu its centre cloths a red cross similar
to thal on a white ground at the fore
mast head, which was the signal flag
of the early discoverer.
On the mainmast we see the begin
ning of what lias developed into top-gal
lant sails, royals and still more airy
kites far above her mainsail and a great
big sail it is. She carried a tapered top
sail, fitted apparently quite like one of
the royals or uppermost sails of today.
No wonder her big sail was called a
mainsail, for it has more canvas in it
■than that of all the others combined,
and as she passed along it was shown
to very great advantage, fully distended
by the breeze. Instead of reefing this
sail by gathering it up on the yard ami
making it secure by means of small ropes,
called reef points, it is fitted with two
bonnets like those on a jib, and when
sail is reduced a little one of these bon
net* was taken off. When further r»-
duction was required off came the other
and with whaL was left she Could ride
out a pretty strong wind. If the seas
washed over her, as they must oega*-
ionnlly have done, they were not danger
ous to her sail, as they would have been
had it iieen ri-efed like the sail of a
fore-aud-after. The yards are fitted with
lifts to hold them squarely in place, and
with braces to move them about and
keep the sails trimmed to catch the
wind in Inoat advantageous manner.
One peculiar feature about the nmin
tnaj, which is apparently right in file
centre of the vessel, is the top, as the
gallery on the mast, is called. It looks
very much like an immense crown, and
on it was another sailor, probably aloft
I to see that everything was iu good run
ning order or to see that the flags, which
were displayed from every possible yard
arm and inaathend. were kept cleat. On
the mizzen or afterinnst was a Inteen
I sail, carried on a Hugh yard which went
i up into die air high above the masthead,
and from the end of which was flying a
silken banner. The lateen sail is trian
gular. All the others mentioned are an
prof’cliing square and all are supposed
to be just like the ancient patterns, Tiltv
ing rojies uud rigging about them the
nse.s of whi.-h won!*! probably at first
; greatly puzzle the modern sailor of to
iliiv. As the Santa Afina passed close to
! the I'hiladidpliia she fired a salute from
I her two diminutive cannon, flint arc lo
cated at the forward part of the poop
j deck.
An episode occurred while the Santa
i Marin, with her cross-marked sails, was
pissmg through the fleet. Upon the
ling 1 1 iircßa Spcdden, sightseeing were
i Mr. and Mrs. George AV. Abel] and par
ty, from H'dt'more. The Spwldon was
keeping up with the caravel-s. Evident
ly the officer sailing the Santa Maria
i was not up to the seamajiahip of Goh’m
bus, for lie could not put her about to
take her iiuchornge with her lesser sis
ters. He appealed to the party on the
I tug to take his line and tow him to his
I anchorage. There being some hesitation
|u“ to whether Capt. Weaver, of the
Spe.ldon, should be ordered to respond
to the request, Mrs. Abell quickly took
in the picturesqueness of the act and in
sis ed Hint the prototype of tlolumbns'
I vessel should not appeal for eid in vain
in the kind be dicovered. 'Hie Sun r.p
res rotative sung out Io the captain to
take in aril, for during the conversation
the cavavi.l was running away with all
of ihi'.ii toward Cape Henry, ns if scared
at the march that four centuries had
nmde since the caravels had discovered
■i new world in the West. The tawny
f.i< - I Spaniards were ordered aloft, sail
Wis taken in uud the line win passed to
■ th'' S,n. Iden, which towed her to an an
t cbm age The party on the Speddeti are
j delighted over their adventure with the
; li'istoric Santa .Maria.
Tlie Santa Marin is a few inches over
74 feel in length and lias a widlh of
over 25 feet —a proport ion of beam to
length not. seen in the designs of the
I ocean greyhounds, whose length is about
| nine times their width. Iler hull is
i short, narrow and very high us com
pared with modern built ships, mid the
! curves are also different. The extrenii
i til's are very bulging in order to sup-
I port the enormous weight of the upper
| works, which gt the bow, project con
j sidernbly over the body of the ship. The
i stern is flat and is decorated with char
-1 acteristie emblems and carries the name
lin plain letters. Above the opening of
I the tiller is a figure of the Virgin, which
I was customarily placed in those days
' upon Spanish vessels.
At that time the court was appealed
I to ami their stump of approval was ne
j ces.-i.iry to secure any undertaking. Not
withstanding visions of new fields for
iiiissimn rv labors ami the conquest, the
I church was, however, in the case of
< 'oluinbus, obdurate until victory win
, finally obtained through the intervention
lof Queen Isabella’s former confessor,
I Perez. In spite of the church’s influ
ence. but finally in accordance with tif
i leeuth century methods, Columbus took
| with him a Hebrew skilled in the East
ern tongues mid traditions, which that
eentuty reverenced as learn ■.!, "’i n
I while it persecuted them as heretical, in
■’ order that he might serve as interpreter
lon the Asiatic coast, for which they were
I I,mud,- Baltimore Sun.
FOR OVER FIFTY YEARS.
Mrs. Wiuslow s Soothing Syrup has
been used for children teething. It soothes
the child, softens the gums, allays all
pain, cures wind colic, and is the best
remedy for diarrhoea. Twenty-five ceuts a
bottle.
TO PREVENT TROUBLE.
Wilmington. N. C.', April 24.—Orders
were received by telegraph last night
by Captain John H. Daniel, of Wil
mington Light Infantry, belonging to
the second regiment, to hold his com
pany in readiness to move to James City
at a moment’s notice. Sixty meu fully
armed and equipped for service are now
in line at the parade grounds, momen
tarily expecting orders to take a special
train for Goldsboro, the point of ren
dezvous for the troops expected to go
to James City. There is considerable
excitement here which is heightened by
the fact that the Wilmington Light In
fantry was not exoected to be ordered
under arms, it being supposed the first
regiment, all of which is Mow assem
bling at Goldsboro, would be suttieeut
to enforce law at James City.
Raleigh, N. C., April 24.—Gov. Carr,
with Adjutant General Cameron and
the First, regiment of State guards, -700
men under Gen. Jolin W. Cotton, left
Raleigh at noon today for Newberne.
They will be joined by another com
pany at Goldsboro. It is believed that
this display of force will prevent resis
tance and trouble at James City.
Wilmington, April 24.—Specials to the
Star show that the arrival of a large body
of state troops at Newberne today had the
desired effect and the negroes at James
City announce their willingness to retire
pea. eabiy, but ask that ejectments ne made
by civil authorities. It is not thought
the use of the military will be necessary.
FOR NERVOUS DEBILITY
Use Horsford s Acid Phosphate.
Dr. W. H. Turner, Kasson. Mlnu., says:
"I have found it very beneficial in nervous
deb Jlty, from any eause, and for indiges
tion.”
SOUTHERN BAPTIST CONVENTION,
NASHVILLE, TENN.
There promises to be a very large at
tendance on the Southern Baptist Conven
tion at Nashville, Tenn., which will occur
In May next; and as usual, the Richmond
and Danville Railroad is making all the ar
rangements for a comfortable and pleasant
trip for all those who wish to attend from
this section.
Special low rates and excellent service
are offered to Its numerous patrons for this
occasion. Any of the agents or officials
of this geat system will take pleasure in
supplying all desired Information, and will
give the business their very best attention.
Write or call on R. W. HUNT,
T. P. A., Augusta, Ga.
C. L. HOPKINS,
T. P. A., Charlotte, N. C.
THE STRIKE IS OFF.
Omaha. Neb., April 25.—A1l strikers
on the line of the Union Pacific roads
resumed work this morning. The strike
was declared off last night. The terms
are not made public.
When Baby was sick, we gave her Castorla,
When she was a Child, she cried forCastoria,
When she became Miss, she clung to Castoria,
When she had Children, she gave them Castoria,
THE AUGUSTk CHRONICLE, APRIL 26, 1893. '
LYNCHED!
MISS BAXTER HAS BEEN
AVENGED.
Woes Are Warnefl that Unnat
ural Crimes Must Cease.
HOW IT OCCURRED
A CMcle Reporter Sees
W Affair.
The Dead March A Dismal
Faraie.
NOT IDENTIFIED,
A
But Strong Ev'dence Points
Oct Guilt.
fl Will and Weird Scene Presented to
Evil Doers.
Denmark, S. C.. April 24.—(Special.)—
After inuuy futile arrests the negro
who perpetrated the assault ou Miss
Baxter nearly two weeks ago ha< been
lynched.
The crime has excited unusual in
terest iu this section and farmers have
left their ploughs idle in the field while
they scoured the country far aud wide
in efl its to laud the real criminal be
hind th • bars.
John Peterson, the negro lynched, is
the twentieth man arrested on the
charge, and up to tho very moment of
his death he protested innocence of the
crime. Peterson was mentioned in last
Saturday’s Chronicle as the real assail
ant of Miss Baxter, and he immediately
made his way to Columbia where be
delivered himself up to Governor Till
man for protection,
He attempted to account for his where
abonts before and since the crime to the
executive, but that officer knowing noth
ing of the circumstances remanded the
prisoner to Denmark for identification.
Immediately on the arrival of Peter
son this morning a committee of citi
zens took hitn in charge to either estab
lish his guilt, or innocence and the mob
that hung him acted us the judge in
the matter.
At the instance of Senator Mayfield,
CoS. Sojourner and others he was
brought into the presence of Miss Bax
ter, and the young lady promptly stated
that he was not the man who had made
the assault upon her. Thinking perhaps
that the* young lady, owing to her ex
treme excitement at the time of the
assault was unable to properly identify
the real criminal, the gentlemen above
mentioned gave Peterson a vigilant com
mittee trial, iluriug which he was asked
to account for himself during a period
of n few days before and after the
eventful Friday ou which the crime
was committed.
He endeavored to show that he was
not in the vicinity of Denmark on either
the Thursday before or even the Friday
on which day the crime was committed.
This testimony, however, was entirely
rebutted by the citizens’ committee aud
it was shown conclusively that Peter
son had been seen in Denmark on both
the days in question.
Good testimony was also introduced
by a negro which left the impression
on the people that Peterson hud been
seen when he made the assault on the
girl.
All of this happened during the
morning, and it was expected that the
7 o’clock p. m. train would bring a
couple of white men to corroborate the
evidence of the prisoner, but the wait
proved fruitless for no one came.
Immediately after the arrival of the
train Senator Mayfield called a meeting
of the five hundred turbulent citizens
who had arrived, read the testimony
of the negro and advised the greatest
caution in the matter.
All seemed to harken unto the words,
for their were no demonstration what
ever and all seemed to be satisfied to
wait a few hours until more conclusive
evidence could be secured.
As on a former occasion the quietude
proved to be but the calm in advance
of the storm and before the general pub
lic was aware of it, fifty resolute men
had proceeded to the jail, battered down
the door and dragged forth the wretched
negro, who fearfully protested his in
nocence while the furious mob howled
vengeance around him.
THE DEAD MARCH.
Un the railroad track the negro wa«
marched to his doom which was to take
nl%ce at the exact point at which the
I outrage occurred. Slothfully the negro
' dragged along the two and a half miles
that intervened between Denmark and
the place where the lynching took place,
while the infuriated Danes marched
along by hi* side singing such songs as
“Nearer My God io Thee." “Not
Ashamed of' Christ.” “Happy on the
Way.” The negro all the while prayed
te rfully to the great God who was soon
to be the final judge, as to whether he
was guilty or not.
“Lord have mercy on me.” '1 am an
innocent man." "God loves his own.”
and similar sentences of prayer were
the ejaculations sent upwards by the
unfortunate man as he wearily faltered
up the road. These contritions sentences
were met by the mob with such unholy
cries as "Johnnie get your hair cut," or
“Johnnie get your gun."
It was really a most pathetic sight as
the unruly mob wended its way towards
the place of summary execution. The
poor negro sending up short, but fervent
prayers to God while his executioners
raised irreverent hymns that shocked
i rather than pleased when they reached
I that Being who looked down upon the
sight.
I All the wav alone those nearest the
I prisoner tried ineffectually to cajole a
| confession from him. He was firin and
I stuck strictly to his first declaration
that he was innocent of the crime
charged.
REFRESHMENT.
When upper Denmark or the place nt
which the South Bound crosses the
South Carolina railroad had been reach
ed. the negro was faint with fright and
most pitifully begged for water. This
poor boon was readily grunted and
amidst the jeers of the assembled Cnr
olininns. tobacco, cigars and other re
freshments were offered. Tlie frightened
prisoner partook of all in a half uncon
scious manner and the dead march, with
songs and ill-timed jokes, was resumed
up the track. Straight away the people
marched until tho pjae-e of crime and
coming doom was reached.
Poor culprit: at this point he was an
object «pf solicitude and pity rather than
anger. Tie faltered along, carried by
those that surrounded him, more than
by any effort of his own. Physical re
laxation had come and John Peterson
had failed..
THE IjAST CHANCE.
Arrived nt the spot a halt was called,
and great promises held out to tlie boot
negro if he would confess his crime and
strife who wore initfijeirted. for it was
believed others knew all of the commis
sion the prisoner. By this time
provoked by the mob. Peterson had al
most lost his senses, azid could only
murmur. “Where is Harvey.”
Everyone was immediately interested
in Harvey, and subsequent explanations
developed the fact that he (had been a
“partner in crime” with the accused.
Deputations immediately started flor the
village and Harvey was carried before
Miss Baxter only to bo exonerated.
During later questioning the prisoner
boon me muddled and incoherently im
plicated several othes in the crime, but
upon searching interrogation the pris
oner proved that Die was not consistent,
and no further attention was paid to
his statements.
THE EXECUTION.
“Lynch him: how can wo expect others
to protect onr women when we will not."
“Burn hi.ni.'’ and siiuilar oxhillj
tions of rage greeted any de
lay in the arrangements. Here Sena
tor Mayfield, always alert for caution,
interposed and plied a few questions to
the negro.
Unsatisfactory answers but increased
the fury of the mob. A plow line was
thrown over his neek an he asked time
to explain.
Explanations of his innocence followed
but the mob expected only implications
and were dissatisfied. A hurried execu
tion followed. A good climber grasned
the loose end of the rope, rapidly skin
ned up a tree, threw ttlie line over a
limb, and swinging off into the nit
grasped tightly his end of the rope. The
weight of the executioner was not suffi
cient to lift the negro from the ground,
but willing hands quickly removed the
deficit in weight, and raised rhe negro
Into the air. The self established hang
man rapidly descended while the man at
the other end of the rope shot upward
to his death. For a moment lie paused
in the air while the rope was being tied
to the trunk from whose branches John
Peterson wa*s hung. It was only a
moment and then began a fusilaxle sueh
as only those who have lx-en en
gaged in actual warfare know of.
A WEIRD SCENE.
The scene was over in a short while,
but it was' weird and wild while it
lasted. Pistol shots rattled and the bul
lets striking the corpse waved it to aft’
fro. accelerated by the cool night winds.
The longer it swung the longer the neek
stretched, wliile the eyeballs rolled out
upon the cheeks, and bond trickle,! from
the many wounds of the nistol bullets.
It was a scene that would forbid sleep
in one less initiated than the reporter
of a daily paper and one that will last
in the memory of the writer as long as
he lives. JOHN R. BURKE.
ROBERT CLARK DEAD.
Atlanta, April 24.—Robert Clark, one of
the most ptominent hardware merchants
in the south and vice president of the
Thomas M. Clark Hardware Co. died to
night.
In 1850 "Brown’s Bronchial Troches”
were introduced, and their success as a
cure for colds, coughs, asthma and Bron
chitis has been unparalleled.
Twelve hundred beds at a penny a night
each are offered to London's homeless poor
in a new Salvation Army shelter erected
on the bank of the Thames, near Blaek
friaxs' bridge.
LIVER
lifetp PILLS
DO NOT GRIPE NOB SICKEN.
Sure cure for SICK HEA.J
wfegtinba ACHE, impaired di^eslioa.eonsti
. WMJaSa ration, torpid glands. They arouse
ri NMtWlrt, vital organs, remove nausea, die
ts reoeMSK. sines.. Slaglral effect on Kid
-4 neys Rodbladder. Conqcer
5 billons nervous dis-
*- orders. Establish nat-
S V W uraIBAILT ACTIOS.
Beautify complexion by purifying
blood. FVXK.T Vebxtaslx.
The dose Is nicely adjusted to suit ease, as one pill can
never betoo much. Each vial contains 42. carried In vest
pocket, like Iced pencil. Business man’s great
convenleuee. Taken easier than sugar. Sold every
where. AU genuine goods bear "Crescent"
Send S-oent stMhp. Yen get 82 page book with sample.
DR. HAITER MEDICINE CO . St. Lml*.
THE SHERIFFS
ARE IN CONTEMPT
And They Must Pay the Penalty
Imposed on Them.
The South Carolina Taxation
Case Settled.
Chief Justice Fuller’s Decision of the
Much Mooted Question.
Washington, D. C., April 24.—The
South Carolina tux cases were passed
upon by the supreme court of the United
States today,iu an opinion delivered by
i Chief Justice Fuller. It came up on a
(petition of Sheriff Tyler, of Aiken
! county, for si writ of ludieas corpus to
reloaso him from imprisonment under
j the judgment of the circuit, court of the
United Slab's that he be fined SSOO for
coritempt. He had seiz. d a train on the
South Carolina railroad upon warrants
issued by state authorities for the col
lection of taxes, which were in contro
versy. 'Die road was in the hands of a
receiver appointed by the United States
court, and he was adjudged guilty of
contempt for failing to release the prop
erty under an order of court. He cume
to the supreme court for relief.
Justice Fuller rend an opinion, using
much stronger language than is usually
found in such documents, denying the
application of the petitioner for a writ.
I He said the seizure of the property by
I force was unjustifiable, and could not
jbe defended. Tlie claims of the state for
j taxes are not superior to the general
I rule which makes property placed in the
I hands of a receiver subject to the orders
of court; they are to be determined in
the regular way and in the proper man
ner. The action of the circuit court.
Chief Justice Fuller said, was in no
sense an action against the state of
j South Carolina, which, it was concluded.
: could not be maintained under the
eleventh amendment to the constitution.
In conclusion, he said that the circuit
court was equipped with the fullest power
to protect its dignity and to enforce its
mandates, and its use of these powers
in tlie case in point could not lie re
vived here. Therefore, the petition for a
writ of habeas corpus was denied.
The same judgment was announced in
i the cases of Sheriffs Riser and Gaines,
who came to the supreme court of the
I United States with Tyler for relief
In the course of fij s opinion Chief
Justice Fuller said:
" Hie general doctrines that property
j in the possession of a receiver appointed
by tho court is in eustodia legis and
■ that unauthorized interference wih such
. possession is punishable as contempt but 1
it is contended that this salutary rule |
| has no application to mllection of taxes,
j l udoubtedly property so. situated is not
I thereby rendered exempt from the im
: pos’/tiou of taxes by tho government
■ within whose jurisdiction the property
i is, and a lien lor taxes is superior to
all other liens whatsoever, except judi
cial costs, when property is rightfully in
the custody of the law. But this does
not justify the physical invasion of such
custody and tlie wanton disregard of the i
orders of court in respect of it. The !
maintenance of a system of chocks and
balances characteristic of republican in
stitutions, requires the co-ordinate <le
pnrtmens of tho government, whether
Federal or state, to refrain from the
infringement of ihe independence of each
other and the possession of the property
by the • judicial department cannot lie
arbitrarily encroached upon, save in xso
hition of this fundamental principle.
"The levy of a tax warrant like the
levy of an ordinary fieri facias seques
trates the property to answer an exigeiv
! cy of writ, but property in the possession
| of a receiver is already in sequestration.
! already held in enuitable execution and
1 while a lien for taxes must be recognized
rand enforced the orderly administration
of justice requires this to be done by |
and under the saction of the court. It. |
is the duty of the court to see to it that
this is done, and the seizure of property
against its wfll can only be predicated
| upon the assumption that the court will |
fail in discharge of its duty, an assump- ;
i tion carrying contempt upon its face.
"If such be the ordinary rule in the •
state courts, it is quite apparent that it :
(is the only one that can be properly ap-
I plied where the property is in custody
i of the courts of the United States. Their
officers are agents of the United States,
and without an order of court appoint
ing them, they ’lire in duty bound to hold
the property and refer those who would
interfere with it to tho court.
i "This principle is applicable here, for
whether the sheriff’s were armed with a
.writ from the state court, or with a dis
i tress warrant from the county treasurer,
i Jhis property was as mneh as’ withdrawn
from their reach as if it were beyond
. the territorial limits of the state.
; "Tlie courts of the I’nilod States have
'always recognized the importance of leav-
■ ing the powers of the state in respect to
;.ixa ion unimpaired.. Where tho ihs-isii.n
':i voi . "■! ai-ib. :• ivr tlie- . no constitution
and laws, the decisions of its highest tri
bunal are accepted as controlling. Where
the coDstitirtion ami laws of the United
States are drawn in question the courts
of he United States must determiue the
! controversy for themselves.
> "The reasonableness of the contention
that it would have been wiser, in this
instance, for the Circuit court to have
'directed the receiver to pay chest* t.ixo
and bring the suits at law In nine differ
ent courts against the county treasurers
|of as many counties, to recover them
( back, need not be passed upon.
i "The jurisdiction exercised by the Cir
cuit court had relation to property in
’ its custody, and the proceedings before
j us relates only to its exercise of newer
iin protection of that property from un
j authorized seizure.
"Stress of argument, however, nn be- '
' half of the petitioner, is placed upon ’
the proposition that this proceeding is i
void because it is in fact a suit against
tlie state and forbidden by the eleventh
amendment. But this begs the question
under consideration. The petitioner was |
either in contempt or he was not. This
property was in the custody of the Cir
cuit Court under possession taken in a
cause confessed within its jurisdiction,
and if sueh possession could be law
fully interfered with, the petitioner was
in contempt. We know of no statute
of South Carolina that attempts to em
power its officers to seize property in
possession of the judicial department
of the state, much less in that of the
United States.
“The levies here were excessive, nor de
in a large part on property other than
that of the defendants, and in such a
way and on sueh property as obstructed
the operation of the railroad. No leave
of court was sought, and it was known
that the legality of the amount unpaid
was disputed by the receiver, and that
the identical taxation had been previous
ly held by the court to be legal. The
sheriff declined upon request to release
the property from seizure or to yield to
the Oder of the conn.
“Such conduct was not to be tolerated
and the court was possessed of full power
to vindicate its dignity and compel re
spect to its mandates. Its action to
that end is not subject to review upon
this application.”
Hood’s Sarsaparilla positively cures
even when all others fall. It has a re
cord of successes unequalled by any other
medicine.
TBIBVTK TO JUBTICK LAMAB.
Attorney General Olney Makes Hie First-
Appearance In Conrt.
Waaliington, April 24.—The Attorney
General made hte first appearance in the
Supreme Court of the United States to
day. save on the occasion of his formal
introduction to the court by his prede
cessor. The occasion that called him out
was the presentation of resolutions re
cently adopted by members of the liar
upon the death of th" late Justice La
mar. In anticipation of this event there
was an unusually large attendace of at
torneys upon the session of court, and
visitors' beuebes were also quite wAI
filled. Mr. Olney spoke easily and graee
fully, and was listened to with interest,
not only for his subject, but for the man
ner in which he handled it.
Chief Justice Fuller respondul to the
request made by Mr. Olney to spread the
resolutions on the records ou the court
on behalf of the tnurt as an earnest tri
bute to the worth' of the dead.
The following is Attorney General
Olney's address:
"I have been requested, if your honors
please, to present to the Court the reso-.
lutlons of the bar upon the occasion of the
death of Mr. Justice Lamar. In under
taking that duty, I have no hesitation in
saying that the resolutions—which I shall
preseutly read—do but simple justice to
the character of your late associate an 1 in
no way exaggerate either the great loss of
the whole community or the profound
affliction of a very large circle of friends
and ai-quaintances. Under any circum
stances, the death of the Justice of this
Court is of pre-eminent importance.
Though the court remains, an element dis
appears which had vitally affected its de
liberations and its results to be succeeded
by a new one different to some extent in
the nature of things and possibly of a
wholly diverse character. Thus, as one
departs and another assumes his place a
new» order of things arises all the more
surely because it comes insensibly and al
most by stealth. It Is a new order of
the greatest moment because in the si'ope
and extent of its jurisdiction and power, - '
as touching on one hand the private rights
of every one of sixty millions of people
and dealing in the other with the collec
tlve y rights of numerous communities and
sovereign states, no court like it or even,
strongly resembling it has ever existed
among men. To have set upon such a
court without reproach and without dis
credit, may well till the full measure of
tbs loftiest ambition.
With Justice Lamar has passed away
not merely a lawyer and Judge but a
notable historical figure. It may have
been his misfortune as a lawyer, though
certainly his ijood fortune as a man, that
bls lot was cast in tempestuous times—
in times which, however adverse to ac
quisition of technical knowledge and tech
nical skill, always and inevitably develops
whatever there in a man of intelligence
and moral greatness. He was born when
the echoes of sectional dispute over the
admission of Missouri into the Union, that
Issue wMch startled Jefferson like a
fire bell in the night, were still resounding
through the land. He was a mere youth
when the Missouri compromise was suc
ceeded by another and the spectre of dis
union was laid for a time by the mingled
firmness and moderation of General Jack
son. He had hardly entered upon the prac
tice of law when the North and South
again came Into violent eolliHsion over
fugitive slave law and the extension uj
slavery into the territories. He went witß
his se, tion and in the war that follower
supported their cause with equal devotloli
on the battle field and in the forum. Al
ways and under all circumstances lie was
a leader, not merely a follower, and ■■
obeyed but implicity, trusted and sincerely
loved. He continued to lead even more
decisively and ou a larger field, when anus •
were laid down, and to him more than to
any other man. North or South, is due the
adoption, by both victors and vanquished,
of those counsels of moderation and mag
nanimity and wisdom which have made the
edifice of our constitutional union more
impregnable to all assault than ever be
fore. But thiigeventful and stormy career,
these engrossing .and exciting the ue
cuparlons and achievements of a soldier
and statesman and patriot, necessarily in
terrupted and prevented that exclusive de
votion t» the science of jurisprudence and
that constant familiarity with its prac
tical application in tlie administrating of
justice which that Jealous mistress, the
law, inexorably exacts of all her followers.
I do not believe that Justice Lamar dver
practiced law, as his sole or chief occu
pation, for any one term of five consecu
tive years. I am tfnable to discover him
to have made the practice of law his sole
or principal pursuit for more than ten or
twelve years in all, and it is the highest
possible tribute to his natural genius, to
uis legal instincts and ektraordinary in
tellectual gifts, that, in sptte of all the
disadvantages under which he labored.
Jusilce Lamar performed his |>art as a
member of this high court .of judicature
not only to the acceptance of bench and
bar but with sueh intelligent and ’veil
directed zeal and devotion that only fail
ing health and strength could have pre
vented his ultimately attaining decided
judicial eminence.”
WHAT IS MONEY
Weighed against that health It so often
falls to liny? Dross indeed. While we can
none of us claim a total exemption from
that greatest of ill ills to which flesh .s
heir—ill health, we may do much to lessen
the chances of Incurring it, atfd this not
alone by the adoption of suoh sanitary
measures as are to be found in daily exer
cise, regular hours, prudence, in eating,
and drinking, and a wholesome
diet, but also by resorting to ''judi
cious preventive medication when
the system is threatened by unhealthy in
fluences. For instance, residents of so
journers in malarious localities should use
Hostetter’s Stomach Bitters as a defence
against chills and fever, and persons who
incur much out-of-door exposure should
employ it as a safeguard against rheuma
tism. TraveHers In the tropics And it
invaluable also as a means of arresting
liver complaint and constipation, and coun
teracting the debilitating influence of *
torrid climate.
DEATH OF MRS. DURET,
Greenwood. S. C„ April 21.—Mrs. W.
L. Duret, who has been confined to her
bed for some time with consumption,
died yesterday evening at 7 o’clock. She
was buried in Greenwood cemetery at
4 o’clock this evening.
k Pure Norwegian
oil is the kind used
in the production
of Scott's Emul
sion—Hypophos- ‘ll
phitesof Lime and '(ff
Soda are added IJ
for their vital es- 'yV Iff? 1 *
feet upon nerve
and brain. No
mystery surrounds this formula —
the only mystery is how quickly
it builds up flesh and brings back
strength to the weak of all ages.
Scott’s Emulsion
will check Consumption and is
indispensable in all wasting dis
eases.
Prepared by Scott Bow re. N. Y. All drurdstf.