The New York Herald Newspaper, October 17, 1874, Page 4

4 LOUISIANA. A General Dissertation by George Vicknor Cartis. PALPABLY ILLEGAL. DURELL'S DECREE Kellogg's Government Never Constitutionally Recognized by the President, Scathing Rebuke of the Execu- | tive Action. New Yors, Oct. 12, 1874. James GoRDON BENNETT, Esq.:— Deak Stk—Although you do not, in asking me to express my views of the late proceedings in reference to the government of Louisiana, repre- sent any private or personal interest such a8 the opinions of counsel are usually sought for, I re- cogniz+ It a8 a duty sometimes incumbent on the members of my profession to form and express optnions on pablic questions arising out of public events, 1 will, therefore, make a careiul state- ment of what I understand to be public and well known facts, ana will make such comments on them as seem to me to be sound. In 1872 there were two factions aiming to con- trol and possess the government of Louisiana. A State election was heid in the early part of Novem- pero! that year, at which Kellogg on the one side and McEnery on the other ciaimed to have been | elected Governor, and there were two rival bodies claiming to have been elected as the Legislature. | Under the constitution of the State the returns | of the election should have been made to the Sec- retary of State, and should have been delivered py him to the Speaker of the House of Representa- tives, to be opened, examined and counted by the General Assembly and the result declared, But by legisiation which disregarded this provision of the constitution tue returns were directed | to be made to tne Governor, and to be opened and canvassed in the presence of a board designated by toat legisiation, of which board tue Governor was to be amember, Under this legislation there arose two conflicting poards, known as the “War- motu’ and the “Lynch” boards, each claiming to be the proper board to open and count the votes | and deciare the reguit, The then Governor (War- | moth) adhered to one ot these boards, before | which he presented and opened the returns that | he had received under the law. Under subsequent legislation still another board arose called the “De Feriet Board.” Warmoth then laid the returns before tnis latter board, which canvassed them | and declared that McEnery was elected Governor, | and that certain persons named were elected members of the Legisiaturg. Prior to this both the «“Warmoth” andthe “Lynch” board were enjoined from acting by a State court. On the 16th of November Kellogg, fearing that McEnery would be declared Governor through the action of Warmoth, exnibited a bill in equity in | the Uircutt Court of the United States for une Dis- | trict of Louisiana against Warmoth, McEnery and the official paper of, the Stave, In tus sult | dodge Durell granted an order enjoluing War. | moth from exhipiting or canvassing the votes to | or before any board excepting the “‘Lynch”’ Board, and enjoining McEnery irom acting or claim- ing to act as Governor under any certifi- | cate emanating from the “Warmoth’’ Board. | The order was served by tie Marshal on the 17th of November. It was disregarded, and on the | loth, Kellogg having made afidavit beiore Judge | Durell that Warmoth and the other de- fendants were acting in contempt and deflance of the Court, they were sammoned to show cause why they should not ve punisned, At this juncture Warmoth, as Governor. approved the law which brought into existence the “De Feriev” Board, already mentioned, which law had not until then received his signature, Having thus created a new Board, Warmota caused it to make @ Canvass Of the votes for members of the Legis- lature, and then, as Governor, proclaimed that cer- tain persons had veen elected. Judge Dured then issued an order in the Kellogg suit commanding the Marshal jorthwith to take possession of the State House and to prevent the assembling therein of the persons proclaimed by Warmoth to have | been elected members of the Legislature. The President of the United States thereupon ordered federal troops to support the Mar- shal in the execution of this order, and these troops of the United States took posses- sion of the State House and held it for sev- eral weeks, closing all the entrances but one, at which seutinels were posted day and night, with | fixed bayonets. In the meantime the “Lynch” | Board of canvassers proceeded upon such evidence as they could ootain, consisting chiefly of forged | afMfdavits, tomake a pretended canvass of the Votes of the election, and deciarea Kellogg | to have been elected Governor, and that certain | other persons had been elected members of the | Legislature. After this, and while the federal | troops were still holding the State House, ©. ©. | Antoine, on the 7th of December, m auother suit | in equity commenced by him before the same Judge Durell, obtatmed from that Judge an in- | junction order restraining the assembling ana | organization of the Legislature proclaimed by | Warmoth to have been elected, and Trestrain- | ing all persons from preventing or hinder- ing the organisation and assembling of | the Legislature proclaimed by the “Lynch” | Board to have been elected—to wit, the Kellogg | Legisiature. It was in this way that the so-called | Kellogg government became established in pos- | session, Tbe constitution of the United States, article 1v., section 4, makes the followimg provision:—“The United States shall guarantee to every State in | tus Union a republican form of government, and | Shall protect each of them against invasion, and | on application af the Legislature, or of the Execu- tive (when the Legislature cannot be convened) against domestic violence.” That the framers o/ the constitution intended by the clause Marked in italics to provide a power | external to every State oy which the government | of the State can be protected from every iorm of | violent overthrow of its authority arising within | the State itselt, whether the insurrection compre- hends @ majority or a minority of the inhabitants, may be aseumed to be true. Such a provision | necessarily implies also that the power whicn is to afford the protection must decide what is the | jawfal and rightful government which it is to pro- tect against @ ‘domestic violence.” In reference to the exercise of this power the Jollowing may be regarded a® settied principles 01 coustitutional law First—That the determination of the question | what goverument is to be regarded us the lawfal | | that, in tae result, the Keliogg government was | tty, Noargument or amplification that I could | 1872-3 assisted to put Kellogg in possession ol the | formal applications under the constitution, could | J. Coursen, living in Newton. The child was about federal er itself. The constitution supposes | On Monday a stranger drove up to the public | | that Stat ernments are created by the people | school in this village in a stylish two-horse car- | Of the Stat ting freely under their own con- | riage, He entered the schoolhouse, and tntro- | entitied to the guarantee provided by the federal NEW YORK HERALD, SATURDAY, OCTOBER 17, 1874.—TRIPLE SHEET. } occasion unti reversed by Congress. But it appears irom the President's special message of | February 26, 1873, that wat he did in December, | and thereafter the President is at itberty through 1872, was to direct ine Marshal to enforee | ail future time to recoznize and maintain that gov- Judge Dareil’s orders in Kellogg's suit in equity, | ernment, even if bivod must be shed to compel and, if necessary, to use the troops of the United the people to endure it. The mere statement of States for that purpose, The effect of this was | such a proposition displays its monstrous absura- ence, have bis decrees enforced by the President | of the United States with bayonets, and that then put in possession by force; but the proceeding waa use can add a feather’s weight to its refutation. not & constituttonai recoguttion of the title of the | Bat whether the people of this country are awake Kellogg government, given in the only mode in | to the dangers that must follow such a precedent which the Presideat can act upon such a title— | is more than I know, although it is not more than namely, when called upon to protect a State gov- | 1 hope. ernment against an insurrection. [nu his message | 1 think {¢ moreover @ full answer to the ques- the President stated to Congress that he intended — tions supposed, that the President was driven only to enforce a judicial decree; but he auded, | to no such alternative as a recognition of that, “having no opportunity or power to canvass the Kellogg government on the oe hand, and the the votes, and the exigencies of the case demand- leaving of the State to® condition of anarchy on ing an immediate decision,” he conceived it to be the other, The people had pat McEnery into kis duty, “to recognize those persons as elected possession Of the government under a ciaim of a who received and held their credentials to oMce better title, and there was a general sudmis- Jrom what then appeared to me to be, and has gton to bs authority. He may not have had a since been decided ,by the Supreme Court of the perfectly valid title, bat it is clear beyond ques- State to be the legal Returning Board.” Ihave | tion that Kellogg haa not the shadow of a legal italicized a portion of this sentence jor the purpose title to the ofMfce from which the people had of making clear a remark that seems tome tobe ejected him. Let itbe granted that Kellogg was obvious, that so far as the President, in giving ousted by am insurrection which constituted & orders for the enforcement of Judge Dureii’sin- case of “domestic violence,” calling for investiga junctions, entered into or considered the merits tion by the President on Kellogg’s application. O! those injunctions, he acted on a question whic The President’s first duty was to decide the | he could not oMctally consiaer or decide, exXcept- question of Kellogg's title. If he had found, ig UpOR an apolication of some body claiming to as he must have jound, that Kellogg had be the Legislature, or the Goveraor, for protection — no title, the McEnery government would have against a threatened or continued,‘domestic vio- been leit in possession, would have been a govern- lenve.”” But having, for the purpose of enforcing ment de facto, with the general aesent of the peo- Judge Dureli’s decrees, assumed that the “Lynch” ple, and tf disturoances had arisen against It, ren- Board was the law/ai Retarniug Board, the Presi- dering its appeal to the President necessary for its dent furtoer iniormed Congress, in his message, protection, its title would have been in turn a that he should continue to recognize the Kellogg matter for decision by the federal power. 1 can government unless Congress should osherwise see no ground for assuming that the State would | direct. have been without @ government if Kellogg had In reference to this determination three thing not been restored; nor can assent to the objec- appear to me“ to be clear—First, that Judge | tion that the acts of Kellogg, while acting as Gov- Durell’s decrees were of no legal force, inasmuch | eroor, would have been invalidated if he had not asa federal court cannot possibly have juriadic: been restored to the possessien of the office. tion to decide the political question who is the | This is all that it seems to me to be necessary to lawfully elected Governor or Legislature of a | sayin answer to your request for my opinion on | State; second, thac the President gave \n order these occurrences. to enjorce lajunctions that were palpably illegal lremain, Mr. Bennett, yours, very truly, On their face; third, taat in giving this order the GEO. TICKNOR CURTIS. President’s recognition of the ‘Lynch’ Board | aisusimaeraes as the lawful Returning Board was not | GENERAL MILES’ EXPEDITION. @ constitutional act performed in the only | mode and on the only occasion in aud upon which such @ question could come ve- fore im. I cannot therefore concur in the opiuion | that the President had officially bound himscif to | recognize the Kellogg government at all future times, or that he was officially bound to reinstate Kellogg tn September, 1574, because he bad in Situation of the Command—The Sur- render of Santanta and a Large Force of Indians—Active Pursuit of Those Remaining Out. INDIAN TEERICORY EXPEDITION, } Camp ON Oasis CREEK, Texas, Oct. 10, 1874. For the last week General Miles has haa his | headquarters on Oasis Creek, a small rivulet tat office. Tans into the Canadian River west of Antelope It appears, however, that in May, 1875, Kellogg Hills. Here he has been waiting for his trains made an application to be proteogad in his oMce | {rom Camp Sapply to bring him enough suppites in due form of iaw; that the President thereupon | to enabie him to move toward the Southwest. The | issued his proclamation, reciting certain grounds | troops have been scouting the country around on which he then recognized Kellogg as Gover- | very thoroughly the last two weeks, and have oc- nor, and commanding all insurgents against bis | cupied positions on ail the rivers irom the Woif, authority to disperse. Thusreinforced, the Kellogg | tn Indian Territory, to the Wasnita, in Texas. No government continued to »e de facto the govern- | Indians have been seen, and they seem to nave ment of the State until, in the month of Septem- | cleared out of this country. The Cheyennes are ber last, the people of the State, aiter enduring at | still at large. Santanta and his party, which at- the hands of this government, as they alleged, @ | tacked General Miles’ train and was repulsed and great oppression, or an overwhelming number of SO severely injured, have surrendered at their | agency, have been disarmed and are held as the people, rose en masse, captured the State prisoners, awaiting the action of General Pope. | House, expelled Kellogg from the office of Gov- | a Pets ply Big ay are iy He charge ernor, compelied the State officers holding under | Of Coloue , Sixth cavairy, at the Cheyenne | Agency, He also holds twenty-four lodges of | him to abdicate their functions and installed Mc- | Kiowas, who bave surrendered nb One hun- | Enery aa Governor. Kellogg then applied to the | bas oy four ye Sed on as ace omanches, alter eir tow es' President of the United States to protect the State $roope, eve, also, gone. to, surrendered, government against this insurrection, and the onq are now prisoners at Fort and some | Presideut ordered the commanding officer of the | twelve Cheyennes. This takes quite a number of | | the Kiowas and Comanches out of the fleld. Find- | federal troops in that district to reinstate Kellogg in oMce, which was done, the President re- fusing to examine or consider McEnery's title to be regarded as the lawful Governor. Having slready expressed the opinion that tne H ing the country 80 weil covered by troops, and being defeated in every case where they engaged | them, these Indians seem to have given up all hopes of waging @ successful war and have surrendered. It is to be hoped that the punishment that Santan' and Big Tree so richly deserve may now be dealt | action of the President in using the military power | out to them without delay, and before the Peace | of the United States to bring into existence and Commissioners have yeengtine for them | establish the Kellogg government was iliegal, and | LARGE AMOUNTS OF SUPPLIES thereiore could not bind his official conscience to , se ae to rae Miles Cle last few adys, eH) fod oak me to | ali the troops of his command are now moving in | fiphold that government, tt only remains for me to all directions to try and capture what 1s leit of consider whether the fecognition which he gave | the hostile tribes. Colonel Compton, with tne | to it in May, 1873, had so pound him that in Sep- | first pene = ia pore cavairy, mores eM | . | toward Ado! alls, Texas, so as to guard Soutu- | | tember, 1874, he was obliged to reinstate it with: Western Kansas {rom any raid i there. Colonel | out a fresh investigation into and decision upon | Biddie 1s moving along Wolf and Commission | its tile. It seems to me impossible to regard weeks. ape — a ar belgie to-day | with the Eig! cavalry battaliol lor the camp on this Kelloga government as at any time purged the Wasnita, und on his arrival there ail the of the original taint of its aniawiul origin; for! troops now encamped there will move forward; | cannot assent to it as @ sound constitutional | and it is noped that in @ short time the bos- proposition that the federal government or any | “Wie bands that are still out will be picked up. department of it may make itself ingtrumental in ) bringing a State government into de facto exist- CHILD ABDUCTION. | ence and into possession of power, and then that the President of the United States, by recognizing | Am Adopted Orphan Forcibly Taken | |} it as the lawiul government of the State,| froma School—Religious Antagonism j | when appiled to to keep tt In power, binds his | the Cause of the Crime. own offictal conscience or that of his successors | NEWTON, N. J., Oct. 16, 1874. | to give it the like recognition thereafter, | ‘This place is greatly excited over an extraordi- toties quoties, in disregard of clear and conclusive | nary case of kidnapping which has occurred here, evidence that it has no lawful title whatever. I | The circumstances are these. Some three years do not think that any number of successive recog- | ago a little girl, an orphan, was brought here from | Ritions, although given by the President upon | the Orange county, N. Y., Almshouse, by Mrs. 8, free this case from the taint that originally ad- five yearsold. Ashort time afterward she was hered to tt, The constitution, in my opinion, | a@opted into the family of Samuel O’Hara, of this never contemplated a decision by the federal | village, they having no children. They named her power, Congress or President, on the validity ofa | Mary Jane O'Hara, and she has lived with them as State government which has been brought into de _ their child ever stuce. Sacto exigtence by the unlawful interference of the | THE ABDUCTION, duced himself as Mr. Goodale, Superintendent of | the Orauge County Alms: iiis business, he | Said, Was (0 take Mary Jane O’ Hara back with him to that tnstitution, and requested that Mr. Allen, the teacher, summon her to him. The request was refused, Mr, Goodale said that he had reliable infor- stitutions an WS; and when it says that the Legislature or Governor may have protection against domestic violence at the hands of the United States, 1t cannot in reason be held to mean that the Executive of the United mation that the child was being snamefully and States may frst aid by his military cruelly treated at O’Hara’s, and, aa it was his duty power to put a usurper into tue ‘look aiter her wellare, he was determined: to take her away with him. Mr. Alien said he mustdott office of Governor, and may then recognize him | at his peril, Mr. Goodaie went into the hall, and the ag the lawful Governor entitled to be maintained teacher proceeded witn his duties in his room. | ir. odale, uowever, then proceeded to te in the office, To hold that the constituuion em- ro5m where the smaller children are taught. The little O'Hara giri was reciting in a class, and Goodale seized her in bis arms and carried her braces sach @ case would put the government of every State in the Union into the control of the | EET BUBELE SER CETID OULU THE tases cock he room car- President, who could set up and pul] down whom- Tiage, and, piacing her in, drove rapialy awat soever he would. 1 think, therefore, that in May, | Halting at the Cochrane House he took a woman 1873, and in September, 1874, the President was | pe Noort fgg foi die ae an on the road, ap bound to know officially, as he knew personally, | the child was cryivg violently each time. The tnat Kellogg became Governor solely be- O’Haras are cause the President's illegal enforcement NEARLY CRAZED loss of the child, of Judge Dureil’s iliegal orders enabled Kellogg | #i he ain here ‘that certain parties have been to get @ de facto control and possession of anxious for a lops my to get the child ont o1 the the government, and consequently that the | Possession of tie O'Mara family because ot their President should on both occasions nave refused | fligion. | The parties would rather she should be tointerfere. Thi | brought up in pauperism than to nave a happy that came before the Presi- | home and. grow up @ Catholic, Efforts are 10 be | dent on both of thWNE Occasions was not the case | Made to recover the li of a State government instituted by the free and | her chosen parents, le gitl and restore her to | alleged cruelty towards her on their part hag untrammelled action of the people, and, therefore, | er PA ot ibvestigation into the | utterly failed to substantiate the charge, THE BRIDGEPORT MYSTERY, Lattin Held for the Murder of Miss Lucas. Brrpaerort, Conn., Oct. 16, 1874. The circumstances attending the death of Miss Elieo Lucas, @ review of which has been presented in the HERALD, are 60 dark and mysterious as to | | have excited the minds of the people here to an | constitution, It was the case of a pretended State | government put into possession by the unlawiul | enforcement of an unlawiul judicial order, and it | was, thereiore, a case in which the United States undertook to guarantee and did guarantee the continued existence of its own creature. I do not believe that such was the meaning or can be the | and rightiul government Of the State, when tne federal power is appealed to to afford its protection, belongs to che poliiical department Of the federal government. | Second—That the political department of the | federal government is Congress. | 7Nérd—ivat, in providing the means by which | this protective power is to be exercised, Oungress may delegate to the President the decision of the question what government is the lawful and right | iu, OVernMeNt O! 4 State entitied to be protected. | rth—Iiat Congress having by law made it the duty of the President to respond to such ap- plications for protection, it rests with the Presi- “ent to decite what body of men 1s tne Legisia- tare and who is the Governor bere be can pertorm that duty. FUth—That when, for the purpose of answering any paricuiar call on the President to exercise | this power, he has decided what body of men is the Legisiature apd who is the Governor, he has | acted jor that one exigency, and for that exigency | ‘his decision is conclusive, uuiess Congress siiall by j a ve act, applied to the particular case, | reverse his decision. | 10 not understand that the President of the | United States at any time prior to February 25, 1873, had received and acted upon a constitutional | application py Kellogg to be recognized as Gover- nor and to be protected as such against violence.” If the President had received sach an application it would have been his duty to examine and decide upon Kellogg’s title to the office, ana eral violence, Whatever the consequences may | ia be ad Oo! goods, and with it have been of refusing to reinstate Kellogg after he | Passe rough every branch, from the | Check of the entry cierk to ‘that of the | had been driven trom office by the people, I know of | liquidator, Accompanied by Messrs, uydecker ‘domestic | effect of the constitution. Perhaps it may be asked whether the President = never Irony Sy ales ' | Should have left the Svate of Louisiana without @ | goiuy Attain, of circumstanen hoe eee government? Whether he should have left it to @ | evolved during it whicu ciearly snow that Miss condition of anarchy or in the control of a govern- | on pt ee gad eg Weep oon ment put in possession by a popular insurrection ? | ed fi Whether there would not have beon @ moat dan- | {la Was committed for trial at the Uetober gerous interregnum if the President had not promptly reinstated Kellogg’? To these questions J answer, first, that the fact that our national | constitution las not provided for all possible cases, affords no reason for assuming powers Baron Schwarz-Sanborn, the new Austrian Min- which it has not conterred, or for acting other- | ister Plenipotentiary and Envoy Extraordinary, wise than according to its plain provisions, I | accompanied by ex-Appraiser Thomas McElrath, | take the constitution asIfind it and as it has | made a tour of the various pranctes of the New always been interpreted. It nas not—I amrm it | York Custom House yesterday, for the purpose of with the utmost confidence—made any provision | witnessing the operations of our revenue laws. In for guaranteeing against domestic violence a State order to give the Baron & practical iilastration of the working of the system Mr. Jonn R. Lydeck government that has been put Into power by fed- | soocial Deputy Collecter, took un insoles of The Austri Ambassador Studying the American Revenue System. nothing more dangerous to society, nothing more | | Subversive of order, nothing more sure to pro- | and Auditor Ogden Ure distinguished Ambassa- dor passed through every bureau of the custom 13 house and the naval office. In the latter Colonel Silas W. Burt, deputy naval oMcer, did the honors, The Baron expressed himself highly pleased with everything he savy and from the fact that he took copious notes of tis observations, it is to oe | inferred that his visit partakes more of an omcial voke revolutions and counter-revolutions, until | our liberty becomes a Mexican hiberty, and the best ttle of government is the last pronuncia- meuvw, tosu vo nave i assamed that @ federal his decision would bave been conclusive ior that | judge can decree a Siate goverument tuto exist | uasure thaa mere idle Curiosity. SOUTH CAROLINA. The Political Magnates of Co- lumbia Reviewed. A Unique Croup Thriving on Public Credulity. BEGGARS ON HORSEBACK Jobs and Jobbers Acting vith Im- perial Sambo. Couumata, S. C., Oct, 15, 1874. Here ts the State capital, of which the army ot Sherman burned above eighty blocks and more than thirteen buodred dwellings. It has arisen out of the ground again with a different innabi- tancy, and the very broud Main street, which, like all the streets, rivals the openness of the avenues of Washington, is again rebuilt better than before, For avout three-quarters of a mile this street appears suspended between the newly roofed State Capitol and Mr. Muliett’s nearly com- pleted granite post office, the latter to cost $400,000, ana the former, a standing job of the old chivairy, the consumer already of $2,200,000, unfinished now or in the long hereafter, and so it has been jor a quarter of a century. Thus the relative prowess of the two powers, the Union and Caro- lina. “An!” said Beverly Nash to me, ‘dey talks how abont de simplicity ob de ole times. Look at dat ar State Capitol, Dey only appropriated fo’ it when dey wanted 10 mage @ raise. Dey never meant to. finish it, Lt was toogood a thing to bounce, Look at de ole State bank, founded in 1813; when we settlea da accounts Massa Ham p- ton was $82,000 short. His brover, Dixon H. Lewis, was deep down into it. De Prestons de same. Everybody who could sel! his influence for accom- modation just the same.”’ “Yes,” said Governor Scott, “the papers of that bank show that tt was a regular accommodator, without hope of return, of money to public men. After we came to power a number oftnem hast- ened to bankruptcy. Why, sir, I have letters now from natives, which I never show, referring to the former corruptions of the State as a warning to our new government.” There is A GOOD DEAL TO SEE IN COLUMBIA. it was one of the first, perhaps the very first, State capitols deliberately planned and pitcued, or as long ago as 1785, in Governor Moultrie’s time. The Revolution was then barely over. Washington city was not to be saggested for six years. The streets of this virgin Carolina town were magnificently conceived, showing well enough the proud, constructive spirits of this colony, and the same year that Washington took the oath of office in New York, 1789, Governor Charles Pinckney ana his Assembly met in Colum- bia, and the State records were put here, Six- veen years afterward, when the new vigor and populace of the northern tier of counties, derived from Pennsylvania, Virginia and North Carolina, would submit no longer, the property quaifica- tion was thrown down and ali the people became voters, Calhoun, the future fascinator and mis- guider of the State, was of Irish stock, Heran a public career of forty years, with nothing*n his mind but sluvery and his own despite. Here hia wild hair, lunatic eye, self-conscionsness and uninteresting severity of logic drew worshippers and wonder. His intensity and incapability of wanderipg from the major and minor premises re- minds one of a locomotive irresistibly urged for- ward on iron rails to the jumping-off place. One day he pinned a man down to a seat in this town, and with his long, bony finger began to logicize bim :—“This is 60; isn’tit? And this? Then this must follow. Isn’t thatso? If so, assuming this, isn’t this 80, toot!” The man grew restive. “Yes, Mr. Calhoun,” said he, ‘it appears to be so now, but it wasn’t so yesterday, and I’il be damned if it shall be so to. morrow.” A gtaiesman of this kind {9 little above 8 gchoot- master with agrievance. There is no to-morrow to the system of Calhoun, which in great part was made up of bad English terms, disguising an un- courageous mischief, such as nuiliify. A soldier, passing through, wrote on this hero’s grave:— Here lies the Wizard, Carolina's pride, For all his logic whoily nuilifie Condemned in heil, where looser chaps are crammed, ‘To find a reason every time he's damned. It is stugular to see the hold the errant opinions of these public men got upon their own conscious- ness. consumed with their little local ism. For instance, in the Episcopal graveyard here are the following inscriptions cut in the marble:— none rere none re sore: adeaeaatataataarsaeteraaated cc Joseph Black, died 1856. An active member of the State Rights und Secession Parties. OOO REIEROLOLOLDIOLE DEN OODELEIEIELE REDE OPEL DEE OO Here 1s aman who goes to eternity with a dele- gate’s ticket. Again :— ACCC LOLELE LE ELEIE DEDEDE NODE SELELOLOLEDE TOLLE bE IEEE FRANKLIN HARPER ELMORE, 5 Senator in the place ot Calhoun. 1799-1851 3 0, Pret. “eno BE Of this Mr. Elmore, and Calhoun, too, the observ- and negroes keep adverse memories. Beverly Nash, State Senator for the past six years, said to me yesterday :— “DAT CALHOUN ‘Was not a bad man, but he was a politician, selfish as any nowadays, J heard Governor Pickens say dat Calhoun told him, after they elected Mr. Polk, to go to Polk and ask hin to make Mr. Calhoun Secretary of State, because he owed it to Calnoun jor having beaten Van Buren, Cass \and all de rest. Now Governor Pickens couldn't do it. He couldn’t traae dat way. He didn’t think it honabul. So 1 heard Governor Pickens say myself, while I was a blackin’ his boots, dat Mr. Calhoun never spoke to him afterwards. I heard ole Mr. Pettigru say, too, dat Mr. Calhoun had Mr. Blair turned off de newspaper at Wasnington, jest for revenge, 'caze he used to make fun of him.” The ruins of the war scarcely,exist in this place, beyond a few toundations, the yawning walls of the money manufactory of the Contederacy and a few such memorials as the old brick sign post pillar at Hunter’s Hotel. Here is tne South Carolina University, founded in 1801—Alma Mater of Hayne, McDuffie and nearly all the State governors, almost better than of yore in walls, but its contents are chiefly negroes now. An iron logic, like Calhoun’s own, has doomed an institution which receives $27,000 a year in taxes, collected from all the people, to receive all, up to its capacity. Years ago, before the war, @rebeliion among the students, on the subject of poor commons and tnsufficient hash, nearly broke the schovl up. As the legislation of the new era pointed to the opening of the doors to negroes, the old professors, poor as they were, felt the in- dignation of caste. They ripped their gowns from thetr bodies, like Judge McGrath, and went out from the shelter of Alma Mater, but the new mahogany geueration went right in, nevertheless, and now there are two students in the senior class, and above a hundred in all, the whites beimg chiefly sandhillers, professors’ sons, &c. A normal scnool has been added. The President ia Mr, Babbitt, an Episcopal clergyman. ‘the old walled square, with the dark oaks in the lawn and the mossy bricks and vine-clad porches of the University, looks both venerable and repieced, It was @ hospital in the war. slaves’ children wander in the grounds, And there are side by side the dwellings of ex-President Barnwell, once United States Senator, and Thomas Lieber, tas publicist and civil historian, long neighdors and friends, but at last the stern adver- saries Oi rival thought bevind the din of arms, Poor Mr. Befawell 18 now a teacher of a little school in Columbia, very old and grave, too provua to complain, just settled to a sphinxine silence, gazing betwixt sky and land. Near the University is the plain of the post, a pretty plateau overiogking the Copgarce, where & They were like Spiritualists or Free-lovers, | Now the bond. | coupie of companies dram at sunrise and at s'0- 80s soud a bugie note to tne fastness of those bin © ridges to the west, Here 1s a canal which Mr, Sprague, of Rhode Island, meant to before those evil days came upon him. About six hundred houses have been put ap here since the war. They are building a new city hall, and, for the first time im the State, a penitentiary. Sev- eral large hotels, blocks, banks and whole squares of cottages revive the landmarks of longer con- cord, PARKER'S “HaU1.”” On the main street, near the great new City Rall and its unfintahed domes, is a tall brick bulld- ing, with a cupola and the sign of Parker’s Hall. It cost, probably, $30,000, and the citizens univer- sally spell it “Parker’s Haul.” This fellow Parkei who now clatme to be impecunions, was one of the three composing the Financiat Board, with Seott and Chamberlaine. Like the majority of the fel- lows of this stamp, he is rom Massachusetts, that State sharing with Pennsylvania ana South Oaro- Ung a triumvirate over the carcass, The worst negro m the State, Elliott, is a Massachusetts man. Parker was a ginmili keeper in Charleston when nominated, like “General” Taft, the present Auditor of Charleston, aud he was one of the three persons to count the notes of the old State Bank of South Carolina, in order to know how many bonds to issue to redeem them. Terry, the principal man who entered suit for their redemption, lives here also, in a beautilul house. He, Marsh and Parsons, operators, cor- nered the circulation and then sued {or its face, Parker counted up half a miilion of circulation, tuat existed, to be ove million and a quarter. Crews and Rainey, the latter now a negro Con- gressman, heiped to count them, Then instead of Issuing $500,000, as was proper, Or $1,268,000, as the false count called tor, Parker and Company had $1,590,000 bonds issued, They chi d the ellows who had cornered the not per cent to redeem them and collected the percentage out of the Commonwealth. Scott himself is said to have had $70,000 of the bills, though legitimately bought. Crewa, one of the counters, turmerly & slave trader, stole $30,000 of the bills and depos- ised them in @ bank tocover a loan he made there. Some burglars robbed the bank, stole the bank notes, and when the bank sued Crews on the loan he pleaded the deposit a8 @ reason why he should not pay. Job Stevenson, member of Congress of Ohio, Was guiliy of the polit smaliness ot whitewashing tis deed at Washington, When Parker came to Columbia he was greasy and threadoare, and without other than borrowed money to pay his board, ‘THE PRESKNT SOUTH CAROLINA RING is composed of Sam Melton, native, and D. A. Cuamberiaine, carpet-bagger, the brains of the concern, ‘They are Jaw partuers. The United States end of this ring is United States Senator Patterson. Hardy Solomon, Hebrew, is the banker and depository, Puffer is the lobbyist, Whittemore the legusiative boss and Leslie the gadabout. Sam Melton, the Attorney General, was a poor Caroline native blood, one of three brothers, alt majors. who went into the rebelarmy, and General Kershaw sadly referred to him as oue ot the few voluntary renegades at the close of the war. He was raised &t the university by doing chores. He was Assistant Adjutant General, with the rank of colonel, in the Confeaerate War Department at Richmond, where he had great power and art, “and,”’ said Mr, Youmans, of this town, to me, “he would have power and influence anywhere. He is brimiul of force.” Melton 1# not accused of worse misconduct than tamely prosecuting the interests of the State at odd times, as in the case of the Mandamus bonus of Morton, Bliss & Co. Those were bonds illegally negotiated, because the time had elapsed for their negotiation, and this time, though extended, was the more decisive upon the legality of the bonds, because the extension em- phasized tne limitation, This point Melton did not Make, and the suit of the bankers was successiul and the Supreme Court ordered taxation to pay the interest apon these bonds, As the Legislature had previously ordered the Comptroller not to recognize the said bonds the Supreme Court’s action gave color to the story that the Bench had been Corrupted. ‘Tim Hurley, the chief inde- pendent lobbyist of the State, is said to have as- serted in the republican caucus that old Mr. Moses received $25,000 to influence this decision. It carealay, gave great surprise to people in gen- eral, MELTON was Judge vefore be became Attorney General and was one of the parties in the murder of young Caldwell, the brother of United States Senator. Robertson's wite. Melton had denounced a fellow rebel, Montgomery, a8 a@ corruptionist, Mont- gomery te gee that he would bring Meiton ‘to the level of a gentieman by denouncing him as a liar and @ scoundrel.” Soon atterward Melton nares behind Montgomery at a restaurant where w iter was eating at & table, and proceeded to be him. Instantly one of Montgomery's iriends, ‘Tupper, shot Calaweil dead, who had incidentally entered the place with his iriend Melton. At the same time a sporting planter, Morgan, was shot in the back and Still carrtes tie ball. This 1s the only fight taat has occurred, saving the horsewnipping of an irish politician by R, B. Eiliots for writiog a letter of assignation to his wife. ) THE KING CONGO. Ellfott lives in a pretty, white, trellised and ansarded cot in the best quarcer of tne own. His place is neat and the yard filled with green vines, magnolias, mock orange and long histied Carolina stem grass. He has the fnest Stable in the State. He is one of the most cul- tured negroes in the country and one of the few rhe, 1g wholly, coolly mercenary. His talents are dmittéa py all id the sinirch th: jamberiaine or Hoar wrote hia speech is not credited by those who have heard him {fequéntly speak us well on sudden occasion. But he 1s extravagent, without pride of character, though plentiful in vanity, and ihe is not now in tne United States Senate, in- Stead of Patterson, it is because he had the means to prove the latter's bribery aud bargained away tne contest. He 1s, also, the only important hegro in South Carolina who cordially resents the white man’s former mastery, having family Teasons, anterior to emancipation, to hate the white race. Thus he would be the most danger- ous negro in Alerica if nis black constituents, whose slavery he never snared, did not look back upon their bon‘tage witn Christian magnanimity and look upon Eliott with only a very tolerable degree of favor, His education was derived under advantages rare even to white people at Evon school and in the schools of law, Heisa@ full blooded African, quite dark, rather shambling in walk, fond of | dress, not familiar, aud with tne Boston pro portion of seli-esieem. He is Chamberlaine’s chairman of the State Campaign Committee, aod @ lair organizer. He is im debt and his cottage is held in his wife’s name. She used to flourish in Columbia as a pretty, rose-tinted lignt mulatto under the name of Nancy Fat. Removed | from the loose relations of slavery she has been @ very fair mistress of her own home, barring a lit- tle mutual jealousy here and tnere. COLLECTOR WORTHINGTON. The only United States official who persistently interieres on benalt of the State ring ia Wortuing- ton, Collector of the Port of Charleston. “Worthington,” satd Governor Scott to me, “1s a politioa: buzzard flying all over shis country.” reminded the Governor that Hugh S, Legaré cited the buzzard as a highly graceiui and. pictur- esque object, sailing in the distant clouds. “Weil,’! said Scott, “1 might admire Wortnington Bailing in the distant clouds, but not nearer. Dil tell you why he 1s a political buzzard. He is a Maryiander who roved to Caiifornia. The Vigil- ance Committee drove out people of his class, and he drifted over to Nevada, the penal colony ot Cali- Jornia, ‘There oid Jim Nye lifted him to the dignity of atoreign mission at the Argentine Republic, Back agai, strapped, vagrant, prowling. around, he met Hoge, now Comptroller General in Cincto- nati, and begged to be taken into Jaw partnersmip with nim. They removed here, When Patterson came here, buzZarding it also, Worthington iound the only man to whom he could be of any use, and Patterson has made him, to the disgrace of the jederal authority, Collector of the Port ot Charles- ton. There he co-operates with Bowen and Butz, and enrages the citizens and turns the republican purty irom a beneticence into a terror.” NAGLE, One of the most thriving adventurers in the State 1s Nagie, who came from one of the mountain parts of Norto Carolina and was elected Comptroller. Three different resideuces are shown {n Columbia which he successively innabited; the first a little hovel of cottage, where his wile Washed his clothes, and tis good lady, precipitate to join ber consort, is sald to have been unabie to pay her railroad sare on her first journey to Columbia, ex- cept by Contribation among the passengers. Na- | gie’s second residence and first possession was a yellow irame cottage which cost about $4,000, vow he 1s the possessor of the splendid resiaence and grounds ol the Vonfederate Blanton Duncan, the same which General Sherman occupied for headquarters at tne occupation of this capital. There the up-country scalawag lives graciously, except when, as recently in @ sanguine and military mood he ielt the mirth-moving juices of the corn and proceeded to practise Upon tne house of Colonel Black, the Post. Commandant, Nagie’s next uel * Who in- habits a lictle cottage under the adventurer’s lofty gable. Nagle practised on tuts nouse with @ musket, and Black’s iamily felt that peace had its precariousness no less than war, ‘the officer would have haa Nagle shot by the soldiery but for his condsgn retirement to his little bed. Nagle Owned the toll bridge across the Congaree River at Columbia, an iron De Tig badly morte gaged. His i gotten wealth will probably be short lived, as he held too trustingly to nis bonds aod they have no market value. This green-inked monster, the bogus bond, is like lago’s jealousy, It mocks the meat it feeds on, Nagle was a principai with Patterson, now Sen- vor, and Parker, already cited, in seizing the Co- | lumbia and Greenville Railro: Biue Ridge Ratiroad, and consolidating the two ‘These roads are the projected link between Hast ‘Tennessve and the State capital of South Varo- lina, and of the highest importance as affording prospectively commutcation between all the Var: olina’s seaboard and the West. The read extends to Greenville, 141 miles, and aiso extends onward Waihi miles 3 ES g 2 = § = 5 = gs i R 5 = 5 =. 5 z 8 = 5. g s 5 = line between Chariotte an was designed to ve a part of Colonel Tom Scott's Southern monopoly railroad systém, and his de- signs upon these roads led to the advent of John Patterson in the State ag lobbyiat-in-chief, Pat- | terson looked at tue situation, and concluded that [be would le hus principals slide and become re atilized | afterwards the | statesman himself. An old Aarrisburg lobbytst and trickster, confirmed by experience and him- sell, thatin the Verge Men there was no hon- esty, he organized the ruling powers on the ground into'a cabal, first to get the private stock of these roads, next to get the State stuck and to revolu- tonize and control the management, and finally fo’ get the road, thus sequestrated, made the sub- lec. Of eleemosynary aid (rom the Legisiature. ‘Thy first divided the road, as if they already into shares of $20,000 each, and made up their ,000!, ‘Then they failed 1o buy enough private. Stock to control the road, as their Scheme Was suspected and nojsed abroad. So they passed a bill authorizin: x r- #0D8 as eom.™issioners to sell any of the stocks ef the State pud'icly, privately, or as they pleased,: Scott, Neagle, Parker, Chamberlaine, Rainey and ' Whipper—the last two negroes—were the committee. The State owned several hundred thowsand dollars’ worth of stock im 4 the road; enalgt, with what private stock bad, control the corpora. tion. Cuambe: ge classinate, H. H. | ingston, was the York quusi broker. He or geet quotahie at the $5, and transferr hat had been the State’s interest to the Poot. ney the Legislature Was manipwiated to release $6,000,000 of mortgage upon the road, which nad been put there to pro- tect $4,000,000 of state ald indorsed upon the bonds. The State was thus left with $4,0)0,000 of responsibility when the road failed, notwithstand- ing the rogues had acqutred it for nothing. Still, Patterson & Co, did not despair. They ob- tained Legislative permission to issue $1,800,000 tn scrip as compensation for the non-negottability of the bonds and to have thie raliroad scrip receiv- able for State taxes! The consequence of this was that tne scrip aforesaid became solicited b; detinquent tax; pidge 3 aud was shaved and bulle by brokers uuul the Supreme Court deciared it all fraudulent, and tue same taxpayers had to be re- assessed and taxed again. ‘The road from Columbia to Greenville and Wal- halla ia now in native Lands again, W, J. Magrath, ot Charleston, being its President, The mouey doled out to the Legislature to achieve these suc- cessive irauds made well meaning biack men thieves by muliitudea; and inthe end the con- cocter of the whole scheme went tu the United States Senate, where he controls President Grant'a patronage and is the deviser of Third Term Conveation at Chattanooga. PATTERSON AND SCOrT both live in Columbia. So do they all—Nagle, Parker, Elliott, Melton, Chamberlaine, Mosen, Gar. dozo. This isan Out-of-door penitentiary, where the members browse voluntarily, like the auimais in the Zoological Garden. Whipper, to whom I have referred, is a Northern negro, who cleared about $70,000 tn the state Legislature by grand larceny. When he had all thia invested in various Ways he met a Dative negro named Minort, who persuaded him to go to @ Testaurant and play. @ game of cards. They played all night, and next morning the lots, cot- tages, bonds and cash of Whipper were all the property of his compatriot—all lost on the shuftie Ot the pack. Minort i8 now running against Beverly Nash, slave of the late William 0. Preston, United States Senator, for the State Senate irom Columbia. Governor Moses is running from the same city {or the Lower House. Elliott also 18 running for the Legislature, professing great sacrifice in givin: his seat in Congress, i 18 One Of the abundant geniuses o/ the Native biack party and makes a capi- tal personal speech, He is a tall black, full blood, who used to dlacken boots around the hotels, and his forte is tn severe caricature ond point mak- ing, alter the style of Butier and Cox. Yesterday 1 stopped at the Library of the State University and saw there the bust oi Nash’s lute master, Preston, by Hiram Powers, oi whom Preston was a tender and generous patron, Around the room were other busts of McDuffie, Calhoun, Rutledge, Lang- ston, Chever, &c. THE CONTEST FOR CONGRESS Will be subordinate here to the Legislative elec- tions. From the First district Reamine (negro) will be elected, and from the Fourth, Smalis, that fat, iuiterate, resolute negro who ran out of Charleston with the pilot boat Planter. In the Second district Ransier (negro) divides the re- foc vote against tnat creature of Bowen, the icitor Butz, who was tried in Washington city on the criminal charge of decoying school children from virtue. Hoge, carpet-bagger irom Ohio, runs in the Third district against Trescott, ‘white native, who was Secretary Of Legation to Russia in the time of Buchanan. General McGowan may be substituted for Trescott. Hoge 13 now Comp- troller General, a chronic office-seeker, and Gover- Ror Scott told me that he bought up the whole nominating convention at Abbeville jor $600. The Filth disurict is also put up between Wallace, white native, member of CaRTent and Major General Kershaw. It Kershaw lected he will be the only conservative in Cong! THE DOOMED MURDERER. The Plea of Udderzook for a New Trial Denied—How the Prisoner Received the News. (From the Westchester (Pa.) News.) As soon a3 Mr, Perdue, Udderzook’s counsel, read the contents of Governor Hartranft’s letter, declaring he (the Governor) would issue the death warrant, Mr. Perdue proceeded to the prison to acqoaint the prisoner with the sad intelligeuce. | On ois way he met David M. McFarlan, one of | tie Board of Prison Inspectors, and, having } asked that gentleman to accompany him upon bis unpleasant errand, Mr, McFarlan con sented. Upon reaching tne prison Mr. Haggerty, the Warden, was made cognizant of the facta, and he accompanied the above gentiemen to the coll. Upon entering the iron-ciad avode of the wretched man, Mr. Perdue went foremost, fol- lowed by the other two gentlemen. Udderzook read at a glance in the countenance of his counsel that his mission was of a serious character, and taking him by the arm he led him to the furthest corner of his cell and calmly asked, “Have you my death warrant?” Mr. Perdue replied that he had not, but he had what, in substance, amounted to the same—a letter irom the Governor—which he tuen drew forth and read. Atthe conciuston of the reading Udderzook expressed his disapproval of the action of the Board o! Pardons, saying that they might have easily granted him his prayers, and also tnat tne lower court, withous aoy impropriety whatever, might have granted tim @ DeW trial in the face of the glaring fact that his witnesses had not all been heard at the trial, owlng to some gross mismanagement on the part of certain parties, “But,” said he, straightenin: himself up and assuming an air of manliness an injured innocence, ‘they bave all the way along thirsted, piotced ior my life, aud now they can have itv’? He then conversed upon some of the minor details of his trial and argued in a strain such as oaly could have been done by one who ielt himself injured beyond all power of redemption. He said to Mr. Perdue thas be had been well and ably de- fended, and a his hand to attest to the truth. falnaes, and sincerity upon which his remarks were He gave no exhibition whatever of fear or ner- Vousness, nis face wearing a ruddy, determined glow all the while during the paiotul interview. Of the tour men congregated within the irou walls of his prison cell, he, Udaerzook, the man doomed to die “an ignominious death upun the scatfoid," was the least affected. Mr. Perdue was so inuch exercised by a strong feeling of sympathy for the Wretched man ag to be scarcely abie to conceal his emotion. The Warrant of Execution Read to the Condemned—He Still Asserts His Inno- cence. WESTCHESTER, Pa., Oct. 16, 1874. The warrant for the execution of Underzook was read to him yesterday and he showed no emotion, He said he was reconciled to his fate and would prefer death to a life sentence within the gloomy walls of the prison. As the Sheriff and party were leaving the prison the prisoner remarked that ne hoped they might have more time to pre- pare for death than had peen allowed him, He Bill asserts his innocence, and It 1s not likely ne will make a confession, as his triends in Baltimore wonld most probably be implicated if tne trae story of the awful crime was known. ( No reporters were admitced to the prison. The Sherif already has received many applications for passes from persons anxious to witness the execution, but he will grant none except to mem- bers of tne press and those whom the law requires to be present. THE DEAIH OF JOAN GOGERTZ Yesterday afternoon Coroner Croker continued the investigation previously commenced in the case of John Gogertz, the boy ten years of age, who was crushed beneath the dummy engine No. 7 of tne Hudson River Railroad Company, corner of Washington and Canal streets, on the oth inst, In their verdict the jury censured the emplovés attached to the train, but failed to state the grounds upon which they based ircensure. it 1s presumed, however, that it was for neglecting to keep tue men and boys, who habitually pass a and down town, irom stealing rides on the ireigh| cars. MARINE TRANSFERS. Record of marine transfers for the week ending yesterday :—Steam propeller yacht Skylark, Jacou Lorriliard to David C. and Harry 8. Leech, con- sideration, $12,250; sloop Theodore, James Owen Mason, executor to Charles G. Mason, $900; schooner Laura White, James Owen Mason to Charles G, Mason, 000; schooner Nathaniel Jarvis, James Owen son to Charles G, Mason, $1,000; steamship City of San Antonio, Cc. H. Mallory to Cornelius H, Delamater, three- sixteenth of ownership, for $32,308; one- haif ownership o: sioop Hiram, Van- dewalt to Jonn Suhr, $900; steam Dalton, Philip H. Knickerbocker an James ton, $9,000; schooners Edwin Vollyer aud John A. Brown, James Owen Mason to Charlea G. Magon, for part ownership, $3,600 and $1,200 respectively; one-hali ownership of sloop Sea, U. Vandewall to Jolin Subr, $900; sloop Chine, same rties, al $1,400; propeller Jacob Meyers, J. B. Howard to P. A. Francisco, part ownersiip, $2,000; same vessel, M. EK. Green and James Howard 4, HL 4. Green, Dart owaersuly, $4,000. others to