The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-09-28

copies Of the PHGE1x is Eve cents.
The Eclectic. for October, is full of
good things, the contents varying Judi.
ciously ''from grave to gay, from lively
to severe" There is nothing in recent
magazine literntare which surpasses, for
droll humor anil witty Characterization,
the brilliant sketch, of "Barney Geohe-
gan, the Irish Member" of which the
second installment is given in this mum.
Der. Some OF the other papers to be
noted are "Lord Byron-Another View"
"The Middle Ages and the Revival of
Learning" Russian Ghost Stories"
"Betwixt Two Stools" 'The Strange
Adventures of a. Phmton," and "Mazzi-
nj, Of whom a finely engraved portrait
is given. The editorial department pre-.
sents the usual fresh literary views,
scientific and art items, and miscellany.
Published by E. r. Pelton, IO5 Fulton
street, New York. Terms. $5 year;
two copies. 50; single number, As cents.
In connection with his ocean steam.
ship agency, Mr. George Summers is
engaged in direct importing. Among
the latest Of his European receipts is an
invoice of Mott & Chandar's superior
ohampagnes, which rate al as to purity
and fine flavor.
horse and wagon created little ex-
citemont On Main street yesterday after
noon. by racing time on the pavement
and the people, too.
The PRINCE OF SHowMEN COMING
The following despatch was received yes
terday:
NEW YORK. September 81, 1872.
| Julian a. Seiby, Columbia, s. C.:
Please announce in the PHOENIX that nv
great show will visit all the principal
towns in the entire South. the coming
winter. P. T. BARNUM.
PARDoNED. Stephen Emms, (colored,)
convicted at the September term of the
Marlboro Court of Sessions. of bigamy,
and sentenced to be imprisoned for two
years, has. upon the recommendation of
Judge Townsend, before whom he was
tried, been granted pardon by the Co.
vernon.
SUPREME Court DECISION. Abstract
from the opinion Of Chief Justice Moses.
in the case of e.r parte Theodore DELAY.
Held-Unless the time when q statute
ia to take effect is fixed by some consti-
tutional or Legislative requirement, it has
validity from the moment of its passage.
A statute can only be repealed by impli-
cation to the extent of its repugnancy.
or 80 far as the provisions OF the old
statute are incompatible with the new,
and is never held repealed unless the
repugnancy is plain and unavoidable, or
unless the later Act takes some notice of
the former, plainly indicating an inten-
ton to abrogate it. The proposition
| that the general statutes Of South Caro-
lima are imperative, because Section of
Chapter 146 declares that they ''shall
take effect and go into operation from
and after the day of 1.-The
blanks never having been filled-cannot
apply to the positive enactment of March
9, 1872. as to the sitting OF the court for
Fairfield, for it's terms in reference there
to are direct, positive and mandatory.
Besides, the title of the Act shows that
the Code of Procedure, in the contem-
Plation of the Legislature, remained of
force.
The prisoner having been transferred,
without trial by competent jurisdic-
| ton, from the custody Of the sheriff to
the penitentiary. he is out of the Gus
tody of the sheriff without warrant of
law, and should be remanded to his Gus
tody.
PHGNIxrANA.-An enquirer is informed
that we know of no female dates, al
though mandates are plenty.
Flipkins says that there nre three
sexes-the male sex, the female sex and
the insects.
Half the sorrows of women would be
averted if they could repress the speech
they know to be useless--nay the speech
they had resolved not to utter.
It was rightly said, "He who instructs
man, instructs person who will die
tomorrow, but he who teaches q woman,
teaches whole generation"
A gentle heart is like ripe fruit. which
hopdo ao low thot - 80 a. tbo coo~ox, of