Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-11-15

puOllcan uRureS ol 1851 year duu thaI tnet
present State ticket is elected by from 10,-
900 to 10000 majority. The new labor par.
ty polled large vote and completely upset
the calculation of the two regular parties.
Virginia, Maryland and Mississippi are
Democratic.
Minnesota and Kansas are Republican.
Congressman smalls' Petition.
The petition of Smalls. praying to have
the trials of his case transferred to the United
States District Court, is printed in full, in our
report of the trial. In arguing against the
petition, Mr.. Youmans, among other points,
took the ground that the paper was disrespect-
full to the Court. In reply, Mr.. Melton said !:
I protest that am misunderstood in
reference to so much OF this paper as re.
fers to the person of the court; and there
is nothing in it which can be construed
into reflection upon the integrity of the
court. Whatever the relation between coun.
sci and his Client those relations do not and
cannot devolve it upon him to insult the
court. l would not put here single word
that would reflect upon the integrity of the
court. If I had made such reflection, your
Honor should dismiss me from the presence
of the court, for would be unworthy here to
stand. I do not arraign the court with inten-
tionsl partiality. The point make is that in
the nature of things it is impossible for your
Honor to hold the balance with an even hand.
1 can feel this thing myself. And whatever
you may say of me, the fact remains that l
was born and reared here right in the midst
of all these things, and know that though
my prejudice against the negro is less than
that Of others around me, yet my prejudice
and contempt for our former slaves does re-
main, and | would he afraid to sit in judg-
ment on them. have filed this paper with
great regret, and only did it because it was
my duty. l tell you that you can't give this
man fair trial, because he is "nigger /" and
say that there is no man in South Carolina
who can do it. know all about the relations
of the races. l left my wife and children at
home during the whole war, in the country, in
the midst of 100 slaves, and they guarded
them and fed them, and they fed me while l
was fighting to keep them in slavery; and if
ever forget to stand up in this court or any
other and defend slave, may God forget to
assoilzie my soul. Here portion of the au.
dience applaudedl
Now, as lawyer, I am an original seces.
sionist. argue that each State was sepa-
rate sovereign in itself, and had right to
continue its copartnership or cease it; and
the State cannot proceed upon the opposite
theory. How does it look for South Caro-.
linian to say that State could not secede in
the presence of all these dead men-all these
graves? will die in the belief that she did
haveit; and when she went to war to assert it,
and went with her, she was right, and was
right. But the arbitrameut of war decided
some principles of political economy. The
North went into war to preserve the Union,
and they whipped u.s. Then the United States
had the right to dictate municipal law in the
South just rs much as Germany had after she
whipped France. may not have forfeited
my right to live was not rebel. never
have and never will admit that I was rebel.
I was citizen of an Independent State. But
we became, after the war, a conquered power.
The United States government had the right
to dictate municipal law to South Carolina.
and the United States had the right to say to
her, stake your position as vassal and keep
it forever" They could not hang JEFF Davis
on sour apple tree not much because JEFF.
Davis was not rebel. What pitiful farce
when they dragged that proud old man up
and pretended to try him But now, from
confederation of States, this has become ma
ton and no one responds to it any more than
l; and now, bastard be the man who under
takes to destroy the nation. now am proud
of the nation which once hated.
The Court, however, differed with Mr.. Mel
ton as to the propriety Of offering such Pc
tition, and in the opinion overruling the mo-
ton, Judge Townsend said:
The last ground stated, which assails the
fairness and integrity of this court, deserves
no further consideration than the remark that
it would be as conspicuously unbecoming in
the court to notice it, as it was discourteous
and unwarranted in the counsel who presented
IT,