The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-21
CURRENT TOPICS.

"In case tried in the United States District
Court at Charleston recently, Judge BRYAN male
an order compelling tho local agent OF the Western
Union Telegraph Company to deliver to the Court,
to be used for the purpose of evidence, copies OF
certain dispatches that had been entrusted to tn
wires in full faith doabt Of the invoable secre-
oy Of that means Of communication. This ls an
important order. It affects every public and prl-
vate interest, and it must qualify seriously the
value Of the telegraph as part OF modern
mercantile and social machinery. With oil
Difference to the wisdom Of Judge who must
be- supposed to have weighed all the bear
ipes of the case. We lean to the view that
Judge BRYAN's decision Of this point is not good
law but il it be good law, then there is one more
very stringent reason why Congress should take
up the question OF tho telegraph and reorganize
tho whols system on a broad national basis. II
there is one good reason why Government should
hold and manage the postal system Of the country,
there ere fifty why the telegraph should be on the
same footing. Such view will be forced on the
people by what must be the immediate effect OF
this Charleston order. Business and social secrets
Of every chara tier will be brought into court
on all sorts Of trivial prete1ts since it is ruled
that they are thus available. Judge BRYAN
could not soc that kilograms under the letter
OF the definition were entitled to privilege. He
remarked that the case was one that compelled
him to legslate. Since he had TO legislate he
should hsve gone deeper than the letter OF defnl-
tions He should have weighed the real nature OF
the origin Of privileged communications. de
would have seen that in such communications an
exemption from the ngor of the law is made out
OF regard to rights more sacred than those that
commonly require security in court; and with
such view he could hardly have determined that
in case involving, perhaps, merely money, ne
would lay before the public messages and state
ments that might imperl reputation, honor, per-
haps fe His sole reason was that telogr aphic 30
crecy might be the means of giving immunity to
criminals but the same reason based on quite as
good perhaps, can be advanced against all those
privileged communications that are actually res
booted by courts. This order needs REVISION, OF
wa need some new law on this important sub
ject."
JUDGE BARNES, holding court in Tarboro', N. c.,
adjourned court and continued the case, because
negroes had not been summoned as jurors. Yet,
strange to soy, the agent OF the Associated Press
in his dispatch to New York, presented the matter
i ,xaetly the opposite light, and the Herald head
cd the dispatch "An Imperfoctly Reconstructed
Judge at Tarboro', N. c." stating that Judge
BARNES adjourned the court because negroes were
summoned as jurors, he having taken the oath to
support the State laws, which do not recognize nc
eroes to sit on juries." Judge BARNES was in
"strait betwixt two"-on the one hand, he was an
officer OF tho State, by tho law Of which negroes
could not sit Oh juries, and on the other was his
oath to support the Constitution and Laws OF the
United States, Of which laws the Civil lights BILL
is one. and the Reconstruction Act another. There
was, furthermore paragraph u. OF General or'
ders No. H. from Headquarters OF the Second Mill
tary District, within which this question arose.
Uudor thoso circumstances, tho Judge-if he had
boen unwilling TO assume any responsibility, such
AZ necessarily arises from this clashing Of State
with Federal law, and the civil with the military
nuthority-might have adjourned his court, as
perhaps tho only course by which future complca-
tions might be averted; though we are not sure
that he could have done 80 constitutionally. do,
however, preferred to oboy the paramount authori-
ty Of Congress, and in this We think he acted wise
ly Our condition during the present tran sition
Deriod ia altogether anomalous mot tho less 80 bo-
cause polynon,alous). The Conventions, soon to
be held in all the States Of tho South 1t ls TO Do
hoped, Will harnonize tho present comphcaung
legislation, and restore order again and harmony
in our social body.
Fx-GoyEaNoR JOSEPH E. BRowN, in recent
speech to mixed audience IN NGllodgeville, Ga,
said: ssWhen we are admitted into the Union as 0
State expect to advocate an affIssion with what
ever progressive national party shows the greatest
inclination to stand BY principles and deal justly
In QJ
prosperity 10 the South and to the whole country
The war has forever settled the old issues upon
which the country was divided into parties In
making future selection shau be governed by
mono OF the predictions nor prejudices OF the
past. Should the people reject convention, he
procnosticates that when Congress again moets
it will do ono OF two things, saying nothing tor
the present about confscation. It will either dis
franchise all who vote against convention, or all
who voluntarily engaged in tho rebellion. Wnat
would then ioIlow2 The commanding general
would be directed to make another enroll
ment Of the freedmen and the few white mon not
disfranchised, and the question Of reconstruction
vou,d be referred back to them. Thoy would ac-
cent promptly, and form constitution for the
State and elect State officers and members OF Con-
sress and upon that organization the State would
be admitted into Congress by her representatives.
The present proposition leaves probably oignE E 70
next will not probably leave tho ballot In the
hands of more than one or two-tenths OF the white
mem of the State The basis Of exclusion should
be oil who voluntarily aided the rebellion
CORRESPONDENT OF the Herald serves up the
following dish Of scandal. or course we are un-
sblo to say how much Of it, il any, is true: "There
has been great deal Of speculation with regard
to the object Of the Japanese Commissioners 70
this ountry and certainly on the part OF officials
great deal Of reserve. It was intimated some
time ago that the Commission was sent to look
tar funds which the Japanese Government had
plsoed in the hands OF certain Americans for tho
purchase Of vessels of war in this country, but
large part Of which funds had remained In the
pockets OF these individuals. 1t is now under
stood that out Of some six hundred thousand dol
lars in specie, the Japanese Government had only
received IN return what was worth about two hum
| dred thousand dollars. The parties concerned in
this diseraceful affair arc well-known, prominent
lobby men, and personal and political friends OF
the Secretary of State. Tho Government, to save
the character Of the country, particularly as We
are beginning to open important commercial ana
friendly relations with japan, and to hush up tho
matter as far as possible, have turned over the
ram &one,oaE to tho Tycoon. 1t is said the ia
panese Commissioners had purchased the ram,
but there is tho best reason to believe the sale was
merely nominal and that i'll fact, it was presented
| To tbsm. our Government taking the chance OF
getting the money from tho delinquent American
agents.
TIE CITIZENS OF Boston appear to be determined
10 aake amends for the indecent conduct OF other
localities on the occasion OF the visit of the Presi-
dent to Chicago. BE has not only been voted the
hospitaities Of the city by the councils, but most
fattering arrangements have been made for his
reception and entertainment. He is to occupy the
snlendid suite of apartments at the Revere House