smithclay/nortonstories huggingface dataset:
Year: 1872

WASHINGTON, Dec 13, 1872.


Intimatons thrown out by the Supreme Court
and opinions OF persons high in authority here
all in favor OF decision adverse TO the petition OF
Governor warmoth for writ OF prohibition
against Judge Durell. Distinguished lawyers
who heard the argument yesterday in the Supreme
Court concur in saying that had the question
raised In the case been q new one there might
have been some doubt as to the solution of
1t, but it has been already decided in some
FIVE cases by the Supreme Court that it will
not interfere with the Circuit or District
Courts in the trial OF cases before them,
unless 1t be necessary to maintain the Courts ap-
pellate jurisdiction. In the case OF Kellogg VS..
Warmoth no such necessity has been shown to tie
Court. 1t is yet pending before the Circuit Court
at New Orleans and no trial nor final decision may
ever be had. The case is still going through its
preliminary stages before Judge Durell. The only
decision rendered by him. SO far as an interlocu-
tory g concerned, is a Judgment motion OF
complaint, Kellogg requiring Warmoth and other
defendants to show cause why


INJUNCTIoNs PENDENTE LITE


should not issue to restrain them from going on to
count the votes gwen at The late election in Louis
iana on the ground that some ten thousand voters
had been refused registration prior to the election,
and on election day had been refused the privilege
OF voting because OF their or color. The suit
has not yet been tried its merits When 1t shall
be 80 tried an appeal may be taken to
the Supreme Court and any errors in the
count may be corrected. In the meantime
the appellate has no power TO interpose In such
trial to say how Judge Durell shall try the case.
1t can never instruct him to try the case or to
refrain from trying 1t, much less can IL influence its
judgment Mr.. Reverdy Johnson, who listened to
the arguments yesterday made by Messrs. Phillips,
Ogden, Gushing and Carpenter, expressed the
opinion tnat all the precedents were against the
motion made by WarmOth He said had 1t been
new point there might be some


DOUBT AS TO THE DENOMINATION,


but as the Court had repeatedly refused TO issue
writs OF prohibition in such cases, except when
necessary to preserve its appellate jurisdiction,
there was no ground for controversy. Otner emi-
nent constitutional lawyers have expressed simi-
lar opinions, and intimations have fallen from
judges that such is the view they take OF
the case. decision is expected Mon
day next, and those who we're present during the
argument yesterday seem to be Of the opinion that
Mr.. Justice Miller evinced more interest in IL than
any Of his brethren, and Will probably draw up
Year: 1872

The Election Of r.. b. Carpenter, Of


Charleston, by the Legislature as


Judge OF the Fifth Judicial District


The People Apparently Satisfied With


the Election.


COLUMBIA, Dec. 49, 1872.


The Legislature in joint assembly to-day elected
r. B. Carpenter OF Charleston, Judge Of the Fifth
Judicial Circuit, which embraces this county and
three others. This election is to fill the vacancy
caused by the election OF Judge Samuel W. Melton
to the Attorney Generalship OF the state.


Judge Carpenter was elected in 1853 Judge of
the First Circuit; in 1870 he resigned that position
and accepted the nomination for Governor on the
reform ticket, which was instituted by the democ-
racy OF the State. This movement is well known
in the history OF political affairs in this State 1t
was failure so far as the intent OF the movement
was concerned, but probably did more to
bring about good feeling between the
races than anything that has transpired here,
for it placed the democracy upon the republican
platform, which they adopted. When this event
came up a native OF the state and an acknow-
lodged gentleman Of ability, Mr.. Leroy p Loumans.
who had the good will OF the colored people,
although democrat, was selected by several OF
the present officers OF the administration for the
candidate for the position; also another native,
james d. Treadwel, was put forward for the
position. The factions believed that enough
had been developed already in the short space OF
time. the present native State officers mad been
In ofice 10 show the ultimate design OF them, and
this election OF Judge to-day was square fight as
to who should control affairs, the carpet-baggers
close contest out OF 142 votes Carpenter elected
by a vote OF eighty only-eight votes to spare.


Carpenter ID man OF undOubted legal lore and
fully capable OF filing the responsible position, but
his vacillating political opinions have been sub
jects OF much comment. He was the appointee OF
md ac n
this State before his first election as Judge. He is
poor. The fact that he was not a native elected
him. toge ther with the other fact that the colored
people believe he Is well disposed 10 do justice
when on the bench.


This election will have an important bearing,
also, uRon the enormous Blue Ridge scrip matter,
the iE notions upon which were granted by Melton
while Judge, and which would nave been furthered,
PROBABLY. by his friends had he been elected.
Year: 1872

men to carry away exactly opposite ideas OF
;,s meaning. "In the hope of an amicable
settlement, no estimate was made OF the IN
Z" direct losses, without prejudice, however. to
"tbc right to ndemnifcatiOn on their account
" in the event of no such settlement" MT.
Lawrence can think of nothing but war and
reprisals as opposed to this "friendly settle
"ment.D He insists that an agreement
70 refer to common friends is an amicable
settlement We have said before, ana now
repeat, that to this extent we consider 'he
Department of State in the right III their
reading of this protocol. The reference OF inc
question to arbitrators is not settlement,
but friendly agreement to disagree, an ac-
Acknowledgement of inability to come to sat
isfactory arrangement. The question OF the
expedicncy of presenting the claims we sent
to Geneva, the form in which they were pre-
s.nted, and the attitude assumed by our Gov
eminent in the subsequent negotiations, Is
another matter entirely.


In relation to the present aspect OF the
affair and the proper way in which to meet
it. Mr. Lawrence is entirely clear, though, we
think, scarcely practicable. "For our own
"part," he says believing that the claim Tor
indirect damages was unwisely presented In
"the first instance, we cannot but think
L" that the magnanimous policy for the
United States to adopt would be frankly
10 say so." But 1t is scarcely possible
to expect this, in view of the pres
mt organization of the Government This
| Treaty and Case constitute the one important
| act of the administration of the Department
f State. If this be now withdrawn, it is i'm


POSSIBLE that the Secretary of State can longer
rtain his position after such reputation OF
| Liz work. And even if this were done, what


i, to follow2 Mr.. Lawrence, as well as


most of those who take the English


view of the controversy on this side of the


Atlantic, seems to think it possible that the


two nations may still agree to the payment


~ England of lump sum in full OF all
demands; but nothing is clearer than that
England will do nothing of the sort. Her
leading statesmen of all parties agree that this
would be q confession of Intentional wrong
which they will never make, and that they
will never pay shilling except after the
decision of some competent Tribunal. We
note with pleasure also the fact that Mr..
Lawrence treats with the contempt it de-
serves tho proposition that we shall privately
assure the British Government that our de-
mand is not serious, and that Mr.. Adams
shall be instructed to reject it. Any such
puerile retreat would be worse than the failure
Of the arbitration. Nothing so far written or
uttered by our leading publicsts, nothing done
in Parliament or threatened in Congress, gives
any indication of satisfactory and honora-
bic solution of the difficulties which have
causelessly arisen between the two Govern
ments. The most humilating thought of all


IS that the two countries arc virtually agreed,


and their friendship is imperiled only by the


Supposed interests Of two Cabinets.
Year: 1872

knowledge of bis works is the knowledge of
Him, why shut out hard-working homeless
young men from that knowledge on the only
day it is possible they should gain it, and re-
double the temptations of the dram shops


Public judgment on these matters is every
year more surely based on common sense and
the highest truth. disregarding conventional
prejudices, and it is therefore certainty,
which no arguments can hinder or force, that
the Lords day will be wdened from the
Jewish Sabbath, and as one sign of this
change that the libraries will be opened for
the wholesome relief of those who most need
Year: 1872




That Revenue Reform" may mean little or
much, as suits the convenience of the uttercr,
We already know: is "Revenuc Tariff equally
elasticf The World says


"a true and honest tariff for revenue IL an article OF
Democratic faith and Mr. Brooks is as fully expected to
ask in the House for free Salt and free Coal as ia Mr.
Beck to demand cheap Copper"


On what principle are these articles to be
admitted free while others are taxed3 AS
ProtectiOnist, wo comprehend the reasons
which dictate the exemption of some things
from duty while others are taxed; but why
should products which are never smugged,
on which duties are equally assessed and
easily collected. be exempt from taxation in a
tariff which looks to Revenue alOne3 Let us
have if you can afford it, something else than
a tlppant answer.
Year: 1872

money making corporation so seldom does aught
that the public lat least wilD heartily approve
that we wish to place record our own and the
business communty's hearty thanks TO the Atlantic
Telegraph Company for its liberal and unconstrained
reduction of tolls messages sent across the ocean
by cabo. We confidently trust that this reduction
will prove as wise as it is generous-that the Com
pany will not lose by it, while its customers VIII
largely gain We speak feeliLgly. and hope the
Company will remember. when we are next IN
PEELED TO scold it, that we can regard its dCings in
another than fault finding spirit.
Year: 1872

The great tobacco war continues. At tho recent
meeting of the New-York Methodist Conference a
resolution recommending entire abstinence from the
old vegetable being under discussion, the venerable
Dr. Richardson declared that he had been cured of
dstemper by smoking; that he had also chewed to-
bacco; that he was So years old, and that he felt
like blessing tho Weed every morning of his liie'
Praise from the clergy is praise indeed. Then, we
have before a set of General Rules Of Health"
drawn up for the use of the students of of our
Universities and excellent rules some Of them
are ; but what we to say to this: Never chew
tobacco smoke the milder kinds, in long clay PES
which should be changed oftehp Well, here is Con-
ference Doctor telling what fine thing chewing to-
bacco has been for him. and College Doctor recon-
mending long clay ri@@ee" The last are certainly
scholastical implements, and have been ever slSto
the days of DR.. Parr and Robert Hale. However,
there is plenty of authority the other side, and If
a person who is in doubt will read everything
before beginning to smoke which has been written
for against smoking, it is probable that he will
never smoke at all-at least in this world.
Year: 1872

denim the construction of the Erie and Cham
plain Canals by our State as VIOLATION OF
the natural right of every man to contribute
or not contribute to defray the cost Oh such
an enterprise as he shall see fit.
Year: 1872

As was expected, the Senate Finance Com
mittee adheres to its position on the question
of privileges, and claims the right to attach a
new Tariff bill to that of the House abOlishing
the duty on tea and coffee. The Sen
ate is likely to stand by its Committee, and
the unhappy mpddle which the House has
made of the Tariff amendments will be further
darkened by the introduction of this delicate
dispute between the two Houses.
Year: 1872

Gov Palmer of Illinois made a stirring and
vigorous speech at Springfield, last night, a
synopsis of which we publish elsewhere. The
Governor comes out manfully against the
crying abuses now existing in the Gov
ernment and sounds the true note
of Reform. Such utterances as these are
awakening the people to the real issues in the
pending contest, and dissipating the fOggy
vail in which optimists envelope the real
points at variance between Administration and
people.
Year: 1872

vail in which optmists envelope the real
points at variance between Administration and
people.


Another Committee of Investigation is Or
dered into the War Department. The disap-
pearance of the records of the Buell. Military
Commission has awakened suspicion that our
national archives are not so safely guarded as
they should be, and the Military Committee
of the House is instructed to make full in
quiry into all the facts. The Military Ring
have had things all their own way so long,
they may consider such inquisitiOn now merely
an impcrtinence. But what is to be done to
secure justice TO Gen. Buell3


1t really looks as if the House Committee
on the New-Orleans Outrages fancjed that they
could quietly smother their report and nobody
would say anything about it. The TRIBUNE
having called attention to the extraordinary
silence Of the investigators, they have walked
up and sent another installment of their report
to the Public Printer. 1t comes out, however,
that the report has been delayed by Gov.
WarmOh's course. The Committee, it is said,
favored the Governor, and intended to say so
in their report; but when Gov. WarmOth
came out for the Liberal Republican move





ment, it was concluded that he was not so
much in the right after all; hence the delay.
That investigating Committee should be in
yestigated.


If yirtuous minority in any legislative
body were lncOntinently to resign their seats
when defeated in any darling measure, they
would be considered ridiculously indiscreet
Col Rush c. Hawkins seems to have got into
just that undesirable situation. Finding him
self in a minority, he straghtway in great
pet handed in bis resignation as Assembly
gnan. The merits of the special case have
nothing to do with this childish display of
temper which furnishes consistent close to
a legislative career as yiciousIy worthless as it
has been Extensively pretentous. Our poor
City has had many misfortunes of late; but
while many have been Of more consequence,
Done have, IN proportion to their width of
Year: 1872

II was an early question whether
the Apostle Paul was married. The
passage in the epistle to the Cor
inthians, in which lie speaks Of him
self as unencumbered with domestic
affairs, does not preclude the notion
that he might have been widower
does not even prove more than
that he went on his missionary jour
neys alone. On the other hand, he
speaks of his assent to the death OF
Stephen, and Of his commission
from the Sanhedrim- functions and
powers that could not well have
been exercised by a man who was
not d member Of the council. But We
are expressly told that this great
assembly Of the Jews included only
fathers, TO secure q merciful inter-
probation Of lthe law. An early sx-
PLANTATION. too, Of the "true yoke fel-
low at the church to Phillippi,
whom he bids to labor to reconcile
or assist Enodia and Syntyche,
recognizes the wife Of the apostle in
the phrase. The epistle was, it may
be said almost certainly, written
from Rome, and during the time Of
that imprisonment in which thu
periIs Of the apostles situation were
aggravated BY sorrow, and Ultimate
~ the desertiou Of many among hia
friends. isie isslss2 ssss ssi
Year: 1872

A young man who allows himself
to use one vulgar or profane word
has not only shown that there is a
foul spot upon his mind, but by the
appearance Of that word he extends
that spot aud infsmes it till, by in
dulseiice, II will pollute and ruin
the soul. Be caieful Of your words
as Of your Thoughts.
Year: 1872

The dean Of Chester was recently
offered the proceeds Of a circus per-
torrance in aid Of the restoration
Of the Chester cathedral, but de-
clined the same with thanks! He
said that he could not conscientious
y accept the donation, when he had
refused to countenance a bazaar for
the purpose Of augmenting the
fund.
Year: 1872

lHE New HoTEL.-The plastcrers are busily
at work, in the Clayton Honse, and are applying
the plaster and white coating as rapidly as is
consistent with good workmanship. The interior
woodwork Is also being rapidly finished, the
pavement Is being laid, and railing erected
along The Fith street ares. Workmen are busy
IN all parts OF the building, and it will not be
long ere we will be required TO chronicle the
completion of our beautiful new Clayton House
the pride and boast of our CITY.
Year: 1872

A HORSE ON A BUsT.-Last evening
about seven o'clock,a a horse attached to a
light wagon, belonging to Mr.. G. L. Rad
way, corner of Main and Tenth streets,
was taken to his stable, on Cary, between
Ninth and Tenth streets. While the
groomsman was preparing to detach him
from the vehicle, cat ran across the sta
bic, and so frightened the horse that he
rushed out of the stable with the wagon,
and proceeded down Cary at full tilt, He
turned up Thirteenth, through Governor
street to Broad, out to Marshall, up Mar
shall some distance, thence to Broad again,
which he followed to Ninth here he turn
ed toward Main, which he reached on time.
He turned down Main, and brought up ON
the pavement against the corner Of the bu-
siness house occupied by his owner. Here
he was captured and taken back to the
starting point. Strange to say, neither
horse nor wagon was materially damaged,
nor have we heard of any damage done
along the route.
Year: 1872

THE LEADER In THE REAR.-We
have waited very patiently to hear Mr..
Raleigh L. Daniel deliver speech in the
House of Delegates upon any subject which
would be free from abuse of the govern
ment, of Republicans and their principles.
r In his address opposing the passage of the
act ndorsing the appropriation made by the
City Council, had to drag in political mat
ters, and charge that the Republican party
was responsible for all such action as that
taken by the Council. The vote in the
House this morning, proves that he is a
y dead cock in the pit" and that no mat
ter what measure he supports, it is sure to
be defeated.


Mr.. Stovall was the only Republican
who voted with Mr.. Daniel this morning,
and we were surprised that even he would
be willing to vote with Mr.. Daniel under
any circumstances.
Year: 1872

A SPLENDID SOCIAL AFFAIR.-The
Jefferson Literary Social Circle will give
grand dramatic entertainment and ball at
Monticello Hall, on next Thursday even
ing, the 25th, at s O'Clock. Arrangements
have been made for the entertainment o
large crowd, and from the high social
character and standing of those who have
the management of the entertainment, we
anticipate most pleasant and enjoyable
affair. .....
Year: 1872

The Columbus correspondent of the
Xenia Gazette states the following incident
in the life of John Sherman ellis first an
pearance before the public was at the Phila-
delphia convention that nominated Gener al
Taylor for President. 1t happened in this
wise: He was delegate to that conven-
ton. When in the organization it came to
the election of secretary, Judge -,
also an Ohio delegate, arose in the conven :.
ton and said that the Ohio delegation had
a young man in it whom he desired to
nominate for that position; that if elected
it would probably be the only official posi-
ton he would ever hold, as he hailed from
hopelessly Democratic district. He was
unanimously chosen. A delegate from
Indiana nominated a young man from that
delegation for assistant secretary, and made
similar speech concerning him, and he
was chosen. Schuyler Colfax and John
Sherman met each other and shook hands
for the first time at the secretary's desk"
Year: 1872

AN apparently well established report
is in circulation at Jeffersonville, Ind, to the
effect that detectives have finally succeeded
in discovering the clue which will lead to
the arrest of the real murderers of the Park
family, for which the negroes were arrest
ed and afterwards lynched by mob of
disguised men, notwithstanding the grand
jury had refused to find bill against the
negroes, on the ground of insufficient evil
dence. 1t is limited that the ringleader of
the mob that lynched the negroes was one
of the real murderers. '-1Ers
Year: 1872

tFrom Appeton's Journall
thave Matched my name from her sullie1 clutch
uenoeiorth her folly and sin would stain
Ma trie man's touch with their soiling touch
She can never dishonor my name again.
I hive ton, her image from out my heart


She is dead tu me now while wake or sleep
And infinite soundless must part


Her life from mine though we both should weep
fla the dreary waste of the coming years
NV neck shall be bare of her alsei fair arms
The kisses that lied to my lips, the tears


And sun Hes that cheated have lost their charms
And vet can drive from my dreams the face
OF the winsome girl whom made my wife
While il loses each day its dainty grace


As her vain tears flow for her ruined life
Somewhere she is weeping In bitter shame,
Hated by women and Knocked by men,
To her penitent lips is pressed the same
Full measures Of grief that she brought me them
And tie worst Of il Is that 1 cannot say,
''Come back to me out of your grief anil shame,"
Though yield my life there is yet no way
To wipe the stain from her sullicd fame.
This Is the end OF II all for each


Ruin despair, and piercing pain,
Sharper than death while cannot reach
My hand to draw her to peace again.
Year: 1872

The INDIANS AGAIN--NEvER-EYDrNo THou-
BLE.-No sooner is one serious trouble with the
Indians over than another begins. The news
from Salt Lake City represents critical state
of affairs as regard the savages in the southern
part of Utah Territory. All the Indians there
exhibit hostility and ore committing depreda-
tions. On Friday night last five of them en-
tered settlement at Mount Pleasant and toma-
hawked telegraph operator. AT the outlying
settlements and mining camps there were gmve
apprehensions Of general war. The citizens
generally in the Territory are greatly alarmed.
Happily Governor Woods, General Ord and
General Morrow have confidence that they
have force enough to quell disturbance, and
they are taking active measures to that end.
Still, the prospect is fearful one It is evil
dent from the conduct of the Indians in Utah
and the recent outrages Of the savages in other
parts that the government will have to deal
with these people in more severe manner
than our Quaker peace philanthropists recon-
mend. Mercy is noble quality, but if over
strained towards these savages it may become
cruelty to the white settlers