The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-08-18

of any individual State of America; if
1t Ia been, the peculiar Constitution
| of the United States in this respect
, might have led to various ditficnlt and
complicated questions. But the
money with which that cotton WIS
purchased was levied in more than
one State, and was the property OF
the Government OF the revolving Con-
federation, Now, that Government
was not a mere band of marauders,
plGnde1ang u country and living upon
the pIundcr, but an actual and dc ffac1o
Government, exercising authority,
and as such receiving submission.
Tins Ge .fucto Government having been
displaced, the Government of the
United States, which, had restored it's
autho.ity over the seceding States,
stood exactly i'll the position of those
Who hiu acquired the cotton by the
taxation OF the subjects of the sevt
rsl States, formerly the Confederate
States, but now undoubtedly under
the control of the present plaintiffs,
the United States Government. AL
t!.e authorities we're clear upon this
point, viz: that WHOM a de .fucto Co
vcrnmert lad been superseded or put
an end to. the jisriacing Government
succeeded 10 all the rights ofSthe de
fucfo Government. But, subject to
any argument tnat might be atldr,ce1
at the hearing of the cause, he did
not feel much doubt upon the second
branch of the question, and the
United State" Government, in taking
this cotton, mast taExo it subject to I'll
agreements made in respect Of it by
the IT. fncto Government It Was no.
She case which nyuti be> \ suggested on
b".l;,,f Of the plaintiffs, Of persons
tehi&:S; property f~om :: w.orgt1oer ..r
lrc>;;'t.AStr wish hno~'c,i,cc of the tres.
pass. The courts of every country
rm.c!.;1:1cd II c,a ;r'p G,va.n!ncnt, and
:ae.v could not allow i..e rights ,al
co:stra,.ts &c. .uiied y, their own sui
lerts With ah eaIstt>:. Government to
10" disr>"a.'lcd. Hhr .iisul:.cino Go
Vcrn.1>llt ,suce:eeci ;s,+'-A .,-,.,sort>- o.
IN" IL! placed t4cv..:h:rc.5 IN TIE
STATE. ii. willHi. It Wa; .,>;lnu, and sub
,c:t 20 All agree: lentS affecting i. Tf
the theory nn| ,:,'.,.l by tic plaintiffs,
were >o.,i,ti, ila G.l not sec. WAY they
n:'.sl'. nct fi""c i'!.~l p hill :or the nur-
pose OF i,ayi,:,: tic .;lt..l.:.:g.., while she
was lying in S".,:il;umI4tnn H"rbor
With .hc Conf.Tiprasr ih.g liyiay. den
v,.r;.d up to t:i,fl. 'in" ,!,litcd States
Government co"il only claim si.;s
cotton, ',ccaus.. it had i,e'u raised bv
tn" ID I4t!c'1 Cun.ulcrate tiovcrrmcnt.
not ny robbery or violence, hlt in the
oriLi.a1'y course OF t:tyat;on, aud E,.-
cause they (1h@ United States Govern
mcnt were now the c2 .j;n.lo Govern
meat Of those States i'll which il had
oeel raised. His Honor, after some
farther observations us IL the prillci-
pie uDon which the proceeds would
have 10 nc divided, and the numerous
questions that would arise at the
hearing, said !lat he must treat the
defendants. Erascr Trenholm d. Co..
as entitled to the GO. coo. The amount
OF the habiiiIlt-+ 10 which they sworc
they were subject. R>,ervinS, how
ever, al these questions until the
hearing, the order upon tie present
occ;lSloa would be to appoint the de-
icnuailt Prioi,:.n receiver, on his
giving security for 42D. .UGJ, OF under
taking to pay that sum into court on
or before the tirS5 day OF Miciaelmas
term.
The Abbeville District Bible So
cicty met at the Methodist Church in
this village, on Wednesday of last
week. The meeting YVES a pleasant
and harmonious one. Mr.. Te rim, as
Chairman, presided with all the grace
and dignity for which hc is so charac-
teristic. \ very able address was de
ivered by President Z. l.. Patton, of
Erslline College. Due West. Hon. A.
Burt with L. \. Conner, Esd, as his
alternate, was unanimously requested
to deliver an address before ohe next
annual meeting cf the Society.