The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-04-21

men OF The 9enuS bird was left at our Of
fee last night by young gentleman Of
our city, who obtained it from 'the stout
Injun on the war-path." BY some it was
pronounced plover; by others king
fisher, of the small tribe; and again by
others a pigeon, which it resembles very
much, aad would 90 taken for one.
were it not for the fnct of its being web
footed, and having very long bill, while
the pigeon has separate and distinct toes.
Will some Of tho expert ornithologists
hereabonts give ns the history of this
rare blrd2 We expect to stuff the skin
of the aforesaid bird, and deposit it
among others in our cabinet OF natural
curiosities.
SUPREME CoURT, April 2O.-The Court
met at 10 q. m. Preseut-Chief Justice
Moses and Associates Wright and Will
lard.
In the case Of John Alexander eli. al.
ps John Mckenzie et al Motion to
docket cause and to fix day for arru
ment. The Court announced that they
had decided to grant tho motion, reserv-
ing oil questions Of jurisdiction, and ap.
pointing Tuesday next, the Goth instant,
for the hearing. Messrs. Jas. D. Trade
we'll md D. 1T. Chamberlain for plain
tiffs; Messrs. John II. Rhett. J. P. Car
roll and j. D. Pope for defendants.
w. Il. A. Thomas CT. al us. John KeI-
ley et. al continued
Friday Nixon ads. the State. Rn5eas
corpus. The return of the Sheriff of
Charleston County, having the prisoner
| haip IL,
OF his detention, prisoners counsel,
Messrs. Whipper, Elliott & Allen, moved
Tor his discharge upon the grounds that
prisoner had been respited by Governor
Scott, which expired on the 22d day of
Mnrch, 1870. and has never been re-
newcd by him, (although he still exer-
cises the duties of his office;) that OH said
day, u: L. Corbin, representing and
styling himself President pro tenpore of
the Senate. (ulthough his term of such
Office had long since expired, lie having
been elected to fill that office only for
the special SESSION. and "Acting Gov
ernor," granted another respite, 1.-THE
Governor being absent from the State at
the time for twenty eight days longer,
which act upon his part wns invalid and
null, rs there is no such officer as "Act.
ing Governor" known to or authorized
by the State Of South Carolinn, the Gov
ernor being alone authorized to grant
reprleves, excepting in case of the death,
removal or resignation Of the Governor
and Lieut.. Governor. Although Mr..
Corbin at ono time, rs before stated, was
elected to the Office of President pro
Hempo'e of the Senate, he never took tho
oath OF oflico as Lieutenant G overnor,
as required by the Constitution, nor was
he ever commissioned as such; and that
nll his acfs in this case were unlawful,
and should be set aside; that the time
for the prisoner execution having long
since passed, and having received neither
pardon or respite from the Governor
since the 22d of March, 1870, he is un-
lawfully held by the Sheriff; and 10 mo-
ton having been made to any Court for
his rc-sentence, the prisoner is entitled
to his discharge.
Attorney General Chamberlain, in re-
ply, said that he might admit all that
counsel for the prisoner had urged, and
still the real question raised by this mo-
ton was untouched, viz: what is the
force and effect Of the act of Mr.. Corbin.
granting that it is wholly unauthorized
and void in law? In decision of this
question, ho cited: State rs. Fuller,
NIcCord, l7S; State rs. Smith, l Bailey,
283; State as Addington, 2 Bailey, SIG;
State rs. Kitchens, 2 Hill, Gl2; State cs.
Chancellor, l Strobhart, $50. The doc
trine of these cases was, that when for
any cause the day assigned for the exc
cltion OF sentence passed without exc
cution done, the Court. on motion, would
fix new day. he cagrced with the coun-
sci for the prisoner that Mr.. Corbin's act
was unauthorized and void; but that fnct
in no way impaired tho validity of tho
sentence of tho prisoner, but simply
made the assignment OF another day nc
cessary. The Court reserved their de.
cision.
Robert A. Pringo et aL rs. Bella Szer
CT. al Mr.. Allison concluded his argu-
ment for appelces. Mr.. Kershaw on
same side. Mr.. Moore in reply.
! Biggers Moblcy rs. T.. X. Curcton et
al Mr.. Kershaw for appellant. Mr..
Moore for appellees up to hour of adj
journment.
LIST OF New ADvEnTIsRMENrs.--
| Blakely e. Gibbes-FortliZers.
Il. Pollard Fishing Tackle.
| Eook Wapfp1