davidaulloa/AmericanStories huggingface dataset:
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
Tennessee Lesislnturc.

AS the action Of this body in rcla-
tion to the ratification of the consti-
tutional amendment is looked to with
interest, we extract the following,
being the latest from Nashville, from
the Tnio,4 0uN -4me1icun, of the Sth
instant:
At the adjournment, on yesterday.
the Senate, having a quorum, notified
the House OF Representative that it
was ready to proceed to the business
for which the Legislature was CON
vened
The House, upon Il call of the roll,
numbered fifty-one members-five
less than the constitutional quorum,
and nothing in the proceedings indi-
Gates that quorum will be prcseut
on Monday.
The action of the Governor, in
transmitting message, and the pro-
ceedings of the Senate in regard to
it, can avail nothing until the House
is able to inform the Senate of the
presence OF quorum of its mem
bers.
A quorum of both Houses, each
properly notified Of the fact, consti-
tutes the Legislature, and otherwise
tlere is no Legislature, in constitu-
tional or legal sense; and the only
power that either possesses in the
premises is that Of adjournment.
Nevertheless, tho temper of tho
Senate, as displayed on Friday, and
the intimations current on the streets,
yesterday, makes it not unlikely that
the radicals will assume that the Le-
gisIatire is in session, and proceed
to go through the form of ratitica-
ton. in a few days-quorum or no
quorum; and that the Governor will
forward this action to the Depart
ment of State under his official seal
Indeed, wo are inclined to think that
such is the purpose of the radical
leaders
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
Our Dead Mt Gettysburg.

We extract the following passages
from q letter VIC find in one of our
Georgia exchanges, relative to the
Southern dead ct Gettysburg. The
letter is written by the widow of a
gallant officer who fell at the head of
his regiment at Gettysburg, and CON
tains suggestion worthy the con-
sideration of the people of this State,
Georgia and others whose troops
We're in action on that battlefield. 1t
Will be seen that this lady says that of
1,500 buried on q farm near the
heights, that most of them were
South Carolinians and Georgians.
We give the writer's suggestions, and
leave the matter with our readers:
Near the heights Of Gettysburg is
a farm, in one or two of the fields of
which are buried 1900 of our dead.
[ have the statement from the farmer
himself, who asserts that most of
those were South Carolinians and
Georgians.
The sentiment which hallows these
places at the South, and will forever
preserve from desecration the graves
of our sleeping heroes, is unknown
in that section, adverse to Southern
interests, when the productive value
of land ontweighs consideration for
Southern valor or veneration for
Southern graves. The farmer. of
that section will undoubtedly cult
vnte all our sacred burial grounds in
the fall, if we do not, in the mean
time, provide for our dead suitable
place of sepulchre.
The particular farm to which +
allude being for sale, it occurs to me
that q more suitable spot for cemc-
terry cannot be obtained than this
field near the heights, where most of
our Georgians and South Carolinians
fell, and where they are laid side by
side-a noble army of martyrs.
| suggest that the two States com
bine in the purchase of plat of
ground Of suitable dimensions to
contain the graves Of those who shall
be removed from the adjacent fields
and country, and that an agent be
sent from one or from each of the
States, to complete the purchase and
to remove the dead
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
Constitutionality Of the Test Oath

C"nstituttonality OF the Test Oath.
We are indebted, we presume, to
the author, for pamphlet copy of the
argument of Hon. w. D. Porter, be-
fore Judge Bryan, recently delivered
in Charleston, on the constitutionality
Of the ''test oath," as applicable to
attorneys practicing in the United
States Courts.
The following are the groundsupon
which Mr.. Porter based his admirable
argument against the constitution
ality Of the oath: l. That Congress
had no right to impose upon any per-
son any other political oath than that
prescribed by the Constitution. 2.
That the act is unconstitutional, be-
cause Congress has no right to de-
prive an attorney Of his Office other
wise than by the Judgment of his
peers or by the law of the land. 3. It
is unconstitutional, because it is an
er post facto law.
These points Mr.. Porter has COM
pletely sustained by argument and
by numerous legal authorities. It
will be remembered that Judge
Bryan, after hearing the arguments
on the occasion, decided against the
constltutionality of the Act imposing
the test oath.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

ton. It is powerless, without an ap-
peal to arms, TO proceed further. Z
regret, exceedingly, that the distin-
gulshed officer to whom the mandate
of this Court has been sent. has
thought fit to preclude the argument
OF great questions by o peremptory
refusal to recognize the anthority OF
this Court.
Sir, desired to hold debate with
the military authority upon the great
questions which are involved in this
issue. I desired to know, and de-
sired that the country should know,
whether the military power is supe-
rior to the civil, in state of profound
peace. I desired to know whether
we live to-day, and whether you sit
here i'll your hall of justice, by the
license of military power. I desired
to know whether we lived under a
military despotism, or under a 60
vernment of laws. That question we
are precluded from considering. The
only course left to the Court is that
which have indicated. I submit it
most respectfully and humbly for the
consideration of the Court, that the
Court, at this stage Of the proceed
ings, does feel itself constrained to
inform the President Of the United
States that its powers have been ex-
hausted, that they have failed, and
have been successfully resisted by the
military authorities of the State of
South Carolina, and, sir, to that effect
we will submit motion.
Judge Bryan said:
It would seem to the Court that
there is no alternative in this matter.
The power OF the Court is simply
moral one. 1t represents the Consti-
tuition and law, If not upheld by the
great coordinate branches of the Go
vernment, and sustained by the peo-
pie, it Is perfectly powerless. it ad-
dresses itself to the love of liberty,
to the sense of right, to the free heart
of q great people. It is perfectly pow
erless in itself. It has no bribes to
give; it has no armies to command.
Its voice is simply the voice of the
Constitution, of reason, law, and of
right. 1t commends itself to the CO.
ordinate branches of the Govern
ment and to the people for support.
1t has right to rely upon that very
military-which now denies its power
and questions its authority ty-as the
strong arm which should enforce its
decisions. ! feel that my power is
exhausted; I have attempted to do
my duty. I have met this great ques-
ton of liberty and of right in the
love of it, with perfect respect to Ill
who have had an agency in this mat
ter. Secure and tranquil, and salts
fled that have done my duty, and
confiding in the triumph of the right,
and looking hopefully to the result,
cannot doubt that result: for if I did,
] would doubt everything that is
good, high, holy and true, and de-
spair of the liberties of the country.
| shall be h"ppy to receive the mo-
ton of the gentleman, and to have it
sent up to the Executive, and to give
1T any endorsement that will carry
the sanction of the Court.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
Ncs-ar Tlniira Party. !, !,

We think some. OF our cotempora-
|ries commit . grave error en- being
distrustfu Of the proposed conven-
ton at Philadelphia, on the ground
that it is mere party movement TO
create r. new political organization.
The objects, we mean those avowed.
are, first, to sustain the Presidents
policy Of restoration, and secondly,
to devise some measures to insure the
early admission of the Southern
States.
There is o strong evidence that it
is not to be held for the purpose of
forming third party, in the fact that
the old, compact and well organized
Democratic party of the country
propose to participate in the delibe-
orations and action of the convention.
Their endorsement of the call for
this convention is explicitly put upon
the ground, that dangers threaten
the Constitution" from the present
majority in Congress; that the same
party has denied, for seven months,
tine right of representation to eleven
States; and, their endorsement fur
ther says, this estate of things
should be removed at once and for
ever"
We cannot imagine or conceive any
reason why the Southern States
should hold back their moral SUP
port from a meeting whose object
and purposes are SO explicitly an
nounced and promulgated, both by
its projectors and endorsers, the lat
ter an already strong political organ
ization, who, to-day, could cast half,
or nearly so, of the popular vote of
the country.
In short, it must be obvious to all,
that the overthrow of the radical
party, by any and every means, is
one of the most patriotic aud the
most important political necessities
that ever pressed upon the energies
and action of the American people;
and, while we would deprecate any
entangling political alliances on the
part of the Southern people with
any party whatever, we view the pre-
sent movement to defeat the destruc-
tives IN Congress as one infinitely
above any party political intrigue,
and, therefore, hope that the people
of the South will give it their most
cordial support.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
KIDNAPPING OF FREnDnEN.-A cor

KIDNAPPING OF FREnDMBN.-A cor
respondent of the Mobile Tribune
says:
believe that very many negroes
have been run over to Cuba and sold
since the war ended, and I am very
anxious to find out who have been
most implicated in the dirty business
Northern or Southern men. 1t is
% question worth asking, and, if I
can, l am going to get an answer to
1T.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

Mr.. Weatherlcy, State Senator
from Marlboro, had d blooded racer
stolen from him week or two ago.
The horse was recovered near Ashe-
vile, N. c., but the thief escaped.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
: s.COLJJMBIA,
Thursday Morning, July 10. 1865.


Thursday Morning. July 10. 1865.
The Efsets OF Peliticaa a1isrule.
The, Richmond Times well says,
neither foreign labor nor capital viii
seek the South while her status is
undetermined. This is. unqaestion-
ably true, for capital shuns an unset
tied state OF politics in any country,
and especially viii it avoid o section
which has been devastated by war,
and whose people are still denounced
by the National Legislature as unre-
pentant rebels against the General
Government. Capital cannot see the
end of the singular and anomalous
position of the Southern States of
this Federal Union, with its half mi~
litary and halt civil government, and
labor sees no permanent foothold
among us SO long as a bureau of the
Government undertakes to regulate
5 the only labor we have.
This is q painful condition of af-
= fairs, but it is true as it is saddening.
Were it not.for the effect Of unjust
legislation on our material interests,
we might snap our fingers at our ex-
clusion from Congress, as it only
prohibits us from an association with
a majority in that body, which would
not certainly increase our self-respect.
Indeed, we have had such surfeit of
politics in the years that have passed,
that we could afford to drop them for
some time to come, if this were the
only deprivation we: had to endure;
but this is not all.
Besides the prevention of the labor
and capital we so much need in the
South at present, an effect almost
equally deleterious to our interests
results from our present condition,
and that is, it is depressing the
spirits and energies of our own peo-
pie. Men cannot work with will
work with such energy as the shat
tered fortunes Of the South demand
for their recuperation. AL is gloom
and uncertainty for the future, politi-
cally speaking: and the men of the
South don't know yet but their poll
tical position may remain as it is;
nay, if there is not a speedy improve
ment, it must be decidedly worse, for
the faction that has us at present
under their thumb will not be con-
tent to let us remain even in our pre-
sent humiliated condition as States,
but will add suffering to suffering, so
long as they conceive it necessary to
the retention of their political power
It is on this account, if the perse-
cution of the radicals be permitted
to go on, that we apprehend con-
tinued depression of the energies of
the Southern people. We can only
exhort them to patience and endur-
ance. Thus far, they have exhibited
these qualities in a remarkable de-
gree, and few months, at farthest,
will throw some light on the dark
and gloomy future. The elections
in the North and West, next fall,
will undoubtedly indicate, in their
result, the political status of the
Southern States, for some years to
coma
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

Hon RoRERr TooMBs. The Mil
ledgcville Erie1'M I"iom says General
Toombs is living in London, and was
IN good health a few weeks ago. Mrs
Toombs expects TO join him in Lon
don in few weeks.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
\ B.AREFoorED BRrGAp1En n-rhe

y BAREFoorED BRIGADIER The
Nashville Union tad american SAYS:
y private letter received at this
Office yesterday, written hy q late
Brigadier General in the Confederate
service, one of the most energetic
and enterprising Of them all, says:
81 have followed the plow diligently
this summer. On Friday and Satur-
day last. tried it burefooted. I
stood it the two days, but the ground
was so hot outside the new-made fur
row that had to follow the plow- tail
to Il dot
The man who acts thus and writes
1t, would receive nothing but abuse,
persecution and scorn if he were to
visit his native State to-day. We
leave the reader to compare his
course with that OF those who gave
aud and encouragement to tho re
belllon in its prosperity y deserted
It III lis first trial, and are now the
chef prosecutors of those who stood
by their principles to the last, and
arc now engaged III adding to the
substantial wealth Of the country as
above described The barefootcd
plowman is equal in dignity and
usefulness 10 the present commander
OF the Prussian armies, whose voca-
ton IS 70 slay and destroy
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
Missouri Moving.

The conservatives of Missouri met
in convention Mt st. Louis, on the 81
instant. The ST. Louis Republican
says that nearly 1000 delegates were
present from all parts of the State,
and that a more imposing body of
men never assembled in st. Louis.
Hon. John S. Phelps presided.
From the report of the proceedings,
we extract the resolutions adopted:
"Whereas, National Convention
is called to sit in the city of Philadel-
phia, on the 14th proximo, on basis
which recognizes the equality of the
States under the Constitution, and
the right Of the people of each State
to representation in the Congress;
therefore
"Resotred, That the conservative
people of Missouri, represented in
mass convention, hailing this move
ment with profound satisfaction, will
respond to said call; and that we VIII
not countenance any attempt to pre-
vent union of all the conservative
elements of whatever name, in oppo-
sltlon to the party which seeks to an
initiate free institutions and consti-
tutional liberty.
"Res0lred, That committee of
one member from each Congressional
District be appointed to report four
delegates from each Congressional
District, and eight from the State ut
large, to represent this State in said
Convention
On the second day, the convention
elected four persans from each Con-
gressional District, and nine from the
State at large, rs delegates to the
Philadelphia Convention. Among
the latter are Congressman Hogan
and Noell.
AS Missouri, like Tennessee, has
suffered much from the misrule of
the radicals, it will be seen from the
above that her true conservative citi-
zens have lost no time in taking the
preliminary steps to aid in subverting
the power Of the dangerous faction.
We conversed, on yesterday, with
an intelligent gentleman, (says the
Raleigh Sentinel, of the 7th instant, J
whose political information and pub
lie service enable him to Judge cor
rectly, who has spent some weeks in
Washington and in the Northern
States, who assures us that the con-
servative people of the North are
rallying to the support of the Presi-
dent and the Constitution. He says
the deep, strong, groundswell of the
popular opinion is moving in TINT di-
rectlon, and that the friends of Con
stitutional Union are becoming san
guine of success.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

FIRE At OEANGEBURG, $. C.-The
alarm ii fire sounded again. this
morning., about day break, in this
tlre-heset town. 1t seems to have
originated in blacksmith's shop
that Of Mr.. Samuel Clarke; it was
consumed, and with it the store of
Cornellseu, Kramer X Co The
buildings are totally destroyed, and
at least the larger portion of their
contents At this point, happily, the
fire was arrested by the faithful efforts
of some of those who had gathered
at the alarm. - CHt0iesioM NewS, l1M.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

Iak "EArHER.-On Tuesday afternoon,
and later in the evening, we had a thunder
storm, which promised to be accompanied
with copious showers. The rain, however.
passed round Columbia, and just in this
neighborhood we are suffering from
drought. We are glad to hear, however.
that few miles West and Northwest, e1-
tending to Winnsboro, and perhsps far
ther, tho farmers were favored with fne
seasons on the same afternoon.
since writing the above, last evening, We
have had, . in Columbia, refreshing
shower, which was very grateful to both
man and vegetation.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

The so-called Reconstruction Com
mittec are considering the Presi-
dents recent message, protesting
against the adoption of the constitu-
tional amendment. 1t is understood
that they will submit their reports
early next week. 1t will be in the
form of n reply to the views of the
President in regard to amending the
Constitution nj the present time. 1t
will, OF course. attempt to defend the
action of Congress in the matter,
and viii be sent forth in justification
of its extraordinary conrse on the
subject.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12


BYRON ON THE BUREAu.-In the ssVisiou
OF Judgment" may be found the following
prophetic allusion to the sssituation." No
B'lreau-ridden community in the whole
Southern country could more aptly Illus
trate the intensity Of the evil than the poet
has done in these lines:
The guardian seraphs had retired on high.
Finding their charges past all cares BE-
low;
Terrestrial business filed nought in the
sky,
Save the Recording Angels Black Bu-
reau;
Who found, indeed, the facts to multiply.
With such rapidity Of vice and woe.
That he had stripped off both his wings in
quills,
And yet was in arrears of human Ills"
New ADVERTISEMENTS. Attention is call
ed to tho following advertisements, which
are published this morning for the FIRST
time:
8. II. Anthony Meeting of Stockholders.
Fisher Heinitsh-Vox Populi.
Richland Lodge No. 80, A. r. M.
Peter Kind-Notice.
Nomination for Alderman.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
IoCal- Ite1aas.
e. 7->>Sn>>~>ro>
Mortgages aud conveyances Of Reai Es
tate for sale at this office

The BURNING OF CoLumB1A.--An inter.
estin' G. account of the ''sack and Destruc-
t'on or the City Of Columbia, 8. G. c."has
Just been issued, in pamphlet form, from,
the Phg'as1 power press Orders filed -.
any extent. Single copies SO cents.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

BOOK AND JOB PRINrIss.--The Phsur
once Is now fully supplied with cards.
eoiofea ana white paper, colored ink, wood
type ETC., and is in condition to execute all
manner OF book and job printing in ~
shortest possible time
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12

-. -NafSllal.
Sworn to before me this 10th July.
1865. DANIEL. HORLBECk,
c. ID. c. L. S. for )uth Carolina.
On the back Of tlis was the follow.
ing endorsement:
E,c p,o.te +. Il. .>totr~1.s et I'd. UrH If
44Michmem
I'm compliance with orders from su-
penor authority. decline to be an
rested on this process.
DANIEL +. SlCKLES.
Major-Gencral Commanding.
Hon. Arnistead Burt, counsel fu.
prisoners, said:
MAY IT PLEASE YnI'E HoNoE: On
tins return, we suggest to the Court
that the proceedings heretofore had
III this matter be certified to the Pre-
sldent of the United States. The
issue is distinctly made. The mere
agent of the Executive Department
takes issue with the Judicial Depart
ment. The Court has exhausted the
power contded to it by the Constitu-
Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1866-12-06

II xXNk& HREx4H HI ~ nS1xxx7E
u@s II Lll1I{.l n.
-. - -. 8 \, = ~. !. - q
- 1870 . 1. - "a
lev IA !.
ss,s, ~. -. -. -.
seush. ada M go Q 49,.
veurinv - 80. ~ -
S1'9fAz-.ss - - 81 81 TT
EIEcTasc Rsasxr.~-lhs DIS Ass axass
rstdfned Bsn r men III pesSsr u liz II. s
der. In shs wav a. ears. s ana rslisf m.
u. p. scgsslagz.hAI 1900 i i Ifs,sa
ell BIag.-si,b H. !. i.as..ion 4 -.
/. few : go, Is. ! ...sisIas s.I:sa ~
1 4 gIscsfle RsIial, !, sAsss bssss ,sbs wssssI
10 cures. Is, skss Aaas r salIs I'd ! psss and
|psriormsd saas e<rs. ahss care :. ~
1as ayes c8aha sfgscoyxr. miraosls. Dx..
MaKisleyI dee. a.sss-r xes, .. he az. ~
an,nia. 80. = a 81. = Is. s..
s's1 y r. osss = sss ~sa s 81 y
!. 4iE' e taF = sAl SIS 30 - essai
ol its Effects. Cali as TIE HkT All ionse
ahd saaisa y Dsesor, sry msascise, szs
4
Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1866-12-06

fBKIow.-The steamer Sun Set, load-
ed With railroad iron for the Coaasil
Bluffs and ST. Joseph Railroad, and
goeds for this city and Omaha, wss com
PEELED 70 haal 10 about four miles be 10 y
St. MA,yss Tse assssg fse ard low
stage of yater we're too much for ber.--
The Capsaia has discharged bis crew,
and the saaE vii remaia Rhssp aha Is IN
sil the Fe-opening Of navigation IN the
sp,ing. The goods will have to be con
seyed by teams to sbis city aud Omaha.
wsssrs glad ss.krAsy ssas ous ssNrosd
received 90 much iron BY the Sun Set
This will enable Mr. Phelps to pat dowE
sOms fsw milss more Of track, He has
70 tha a& atsa dtsn Ssae sacas asoai
swo miles.
Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1866-12-06

. y -
ri. ~ ! u u Z: e.. I / a i.ss
~. Major Ne ~ pleAssd 10 see the
fagns Of prosperity attending you. Ths
bsaaiifsl apfsasanss % the outside 10
aaIy surpassed By sAs sdornmsns on toe
], - 81 ~ s;;'. ! s.,
hlesk sas sadly In need Of nsw coat or
paint, and h iss simsls applseaslos al
sxampls has been sss which Ne hope
Vim BE- gsnssaiiy follossd by property
hpldsrs. Maj. Hoffman sells goods
cheap, and lots Of rAem, and saa there
fsrs afford to paint bic store. To anish
-, :. | IA % ,.s.,.,
thousands Of readers nighs know where
- end him,
Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1866-12-06

J. II. BusH was arrested IN this -eiiy
Monday night, 90 the charge Of having
ssolss nies shsssana dslaass In EGnaAa.
The party making complaint did nos ap-
pearss On Tuesday, at about 3 P. H., 9
Dispatch came 10 the Marshal = sssslsass
Mr. Rash." Our sensation article was
.pssla nd sa.s fflsH A At,
Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1866-12-06

Hos. D. II, SoLoaoS, of Glenwood,
hss been stepping at ths Pacific House,
IN this city, for . day Or swe,s Hs vas
looking wed ass sselask ssss kA koss
try will yet be redeemed and saved BY the
grand old Democratic party He report
cd ell things prosperous at ths city Of
Glnwood, and imerosemsnts progress
ing. We are glad TO hear this of our
neighhora. Mills is one Of the bsss eoun-
ties Of land on the great Missouri Slope.