University of South Carolina Libraries
. DV.I. F. U. v.--:V "DoatAbott deem ' af' U wwh tva ??y tu?k, from the fbnd breast* ' ^ J , To rcot nfttctioii out?"?Houthet. ^ down "beside u*s,djfltghwr, , | Sit the* doivu, mid tvil tmi why 'Pmi thy check the btg tear glistens, ly.-.- .. i.y Fiotn thy heart wetti up that slghjdjjBWBH H .. From thy lovely chock, so pullid,? I Father's ouly, previous one. ll.ue the ticccuu of unkindness jt s Touched nud toru thy gouilo heart? | Or the eliiltir.g weighty" sorrow * u Made thy spriuhtlinewdepartT lias the world, upUd thy spirit, Cast iU uabW, ivy frown, Thut the music of thy laughter Li. ' m ii...i. iJ 1 ihnliidirui^aint _ Sfa?, hide nothing flora thy father, STyll h'?n all thy secret woe; jJ--- ^ &y t.van thy jtieud njpoti hi* bosom, Where thy tear* may froely flow. , Tiv a father'? voice that greet* thee, 1 'Ti* a father'? deathleae love That would from thy spirit, darling, Al! these sable'jslouda remove. Hvai: 1?her corul lip* are patted, Aod iu accents sweetly low, Cmne, like music o'er the waters, Revelation* of her woe. ^ , liima 1?for sacred, pure, and holy, I* the maiden's melting talc, , Telling of Iter heart'* first sorrow, ? And of with'iing hopes nn-J frail, fche had loved?ns only gentle, _ Youthful inuidens e*er can love? ( One, whose heart did ever deem her Sister to the pure above; He wus more than all in heaven, * To In r tender, hiving heart; She was to hint life and glory, . From which he could never part. But the (other, 'pon whose bosom Tito fair maiden gently lay, Hastily, from liia loving daughter, Bid her lover uhence airay!" Deeming that tho power of abscucc I Would extinguish all the love *j y. Which for years had burned as brightly < As the ultar-fires above. I From that moment to the present i Tithed were all her hopes in slmde^tfH I ' .,ju i\ nil me wniow'h licurt grew weary ' the woe upon it laid. (JoiK tlie smile, ouco so bewitching, ' flfcr I'aded from the cheek the rose, And the earth grew darkened to her, Seeking vainly for repose. l Year* have gone, and in tho church-yard, I 'Neath the willow, all alotte, Ily the liltlu hillock, grassy, , SuiuiU a brokcu-hearted one. ] Down beside the grave, so lowly, I lktws that sad aud weeping one, j Calling for his darling Julia, Who to realms of bliss hath gone. 4 Oh I they err who vainly tell us, * Kurly love <mu ever die 1 Lire* it etrr !?diet it never Lasting as the Deity ! 1 By the gruxay graves a<ouud thee, tty tne' anguish of remorse, 1 13y tho broken-hearts and dying, * By Jehovah's scathing curse!? Dare not part the hearts of beings, Who by God are joiucd in one, Else his untold wrath o'crtake thee, E'er thy Heudish work is done ! Flout the South Carolinian. 1 Report of the Committee on the New ! kuics oi court. \ Tho Committee appointed at a meeting s uf the bar, held in Columbia, on Friday c evening, the 1 Qih day of December last, v under a resolution unanimously adopted, r requesting them to consider of the late rules e adopted by tbo Law Court of Appeals, pub- j: lisbed in itio daily South Caroliniaii of o that date, and respectfully to express to the I Couit the disapprobation of that meeting c of some of said rules, and to request their I revision, modification or mi-qiensiou, beg li leave to reporlt, lint they are fully impress- o <d with tbo delicacy and responsibility of h p the duty assigned them, but will proceed to o its discharge with that respect and courle- v sy which should bo observed in cotnmuni- a eating with the Court. They do not ques- 2 tien the power of the Court to make such s< ju.-l and reasonable rules and orders for the p more regular and convenient conducting c and elVeclual despatch of hu?iuoss therein li as to lbelli shall seem necessary and proper, n and as are consistent with the constitution e and laws of the State. Such power was g .conferred upon them by the act of 1791?7 Statutes at Large, 202?and has h^en sub- si sin html I y repealed in subsequent legislation, si Nor do they assume to dictate to the Court g what rules they should adopt, but suppose ci that it will not be denied that the bar may si confer with tbo Couit, and make known w their grievances, arising out of such rules li as have already been adopted. The rules a< in question consist of five, designated bv the j h numbers 9(5, 97, 08, 99 and 100. Upon ic the first, the Committee have no rcinaiks to it make, and pass it without further notice, w The next, number 97, is as follows: fi '"Hereafter, in the formation "f a jury for ! the trial of a felony, where the right ot peremptory challenge is claimed ami allowed, ai a child under ten years of ago shall, in the li presence of tho Court, draw one from tho qi names of all the jurors in attendance, which in uno having answered, shall be presented to Si the accused; and so on until in tegular cr coniao the panol may bo exhausted or a ju- ri IV bo formed." f.--.? - . ?I This iu!o is upon ;t subject of the must ni grav? and vital impoi lance to the country, M prescribing the mode of proccdme for the in organization of a juiy in the trial of felonies, ti< when the light of peremptory challenge is hi claimed and allowed, and is so novel in the si| administration of tho criminal law of this tr State, that tho Committee havo been in- pi duccd to make some examination into (ho tli law of trial by jury in such eases, and with ill out presuming to a Hi im positively what the fo * Jaw really is, (which moro appropriately pi belongs to the Courts to decide,) would res- gi pcctfully invito the attention of tho Couit hi t<? such views n? havo very strongly iin- St pressed them against the validity of tho th iu'O. ui Tho present Constitution of tho State was ov adopted in 1790, and, in tho Otli section of th tlie 9th article, provides that "The liial by jury, as heretofore used in this State, shall de bo forever inviolably preserved." It is ex- by oecdingly impoi mm, then, to inquiro and en ascertain how the trial by jury was used sir before (lie adoption of (he Constitution. ex la 1731, tho Legislature passed no act icn cc in moo ly known as the Jury I.aw, and in en ^ 1701, the year immediately succeeding t ndoptiou of (lie Constitution, passed anotli act on the same subject/extending t principles and provisions of the previous a The Legislature that passed this last r roust have had the provisions of the Co sli tut ion fresh in their minds, and int have kiU'Wii what the jury law was; th adopted the provisions of the act of 171 as far as they went, and, instead of atoppii with the organization of one jury, pruvid Tor two on the same principles, as the i crease and despatch of business no dou tendered necessaiy. la the case of l! Slate vs. Sims, 2 lluiley, Hep. 32, the pr oner vlainted the right to have the ju called and presented to him for acceptan or challenge, in the order their names shx on the venire, which was refused him I the Court, and cons ituted one of hisgroun of appeal for a new trial. Judgo Johnsc in delivering the opinion of the Couit that case, refeiring to the two acts tele alluded to, used the following language: "I will now proceed to cotibider t grounds of the motion for new trial in l order in which they are staled in tiie bti "1st. The act of 1731, P. L., 12 4, direi that the names of the persons who ha been duly summoned and shall appear servo as petit' jurors, as petit juro and separate box, or glass, and out of thv iweho persons shall be drawn, by a chi under the agq of ten jears, and that l persons so drawn shall serve on all trials tlio term of ihe (Joint at which they are drawn; and provides that, m case any tlio jurors so drawn shall he c-halleng and the challenge allowed, or shall ab.-e themselves or neglect to attend, then t names of olhor persons shall he drawn u of the said box or glass, to fill up and cut pit te the said jury. ""Tlio act cf 17111, 1 Faust, 162-3, pi vides for the organization of two juries the tiuimicr prescribed, to serve as coiutin idea and petit jurors, which are designat hr th,. I 1 Hi w l ?- Li ktj \>*v nu?r? V?V a A AIKi (UIU, 111 IIl'tKll lip n jury for tiro trial of a prisoner entill to challenge, the uniform practice is to I gin by calling the foreman of the jury N 1 to Ikj sworn, ami then the others of tli jury in the order in which they are draw if any are challenged, then to uifl the nam Of jury No. 2, in the Mime order. If th is exhausted, then tho names of tho sup* lutmerary jurors are lo be drawn from l box or glass, until the jury for the tiial the prisoner is computed. ' Tho objection here is, that the names ihe jurors were not called in tho order which they stood on the venire. It enough to say of this objection, that it opposed lo the positive enactment, of t Legislature, expressed in tonus not lo misconceived, and sanctioned by the pra lice and usage of the Courts. "Apart from these considerations, it lilQcult to couceivo of a system, when t ken altogether, belter calculated to furth .he ends of justice, and lo secure the tri by jury frcmi fraud and corruption. "At the term preceding the trial, fort sight jurors are drawn by lot from the bo< >f the district; out of them again a jury Irawu by lot, and iheu the prisoner lias ll righl to challenge twenty peremptorily ai ndefitiilcly for cause." At the same term Sims' caso was do* led, the case of the State vs. Crank? Bailey reports, 60?came befoie the Cou u which the same question arose,, and >vas ruled, ou tho aulhoiitv of the form rase, "That in organizing a jury for tho tri >f u prisoner, the jurors of the juries uui >ers 1 and 2 are to be called in successio >eginning with the foreman; and it is n inlil bo'.h tho regular juries are exhaust* hat the supernumeraries in the panel a texed to tho venire are to be drawn." T! notions in both cases were dismissed, whit eltlcd the melancholy fate of two ciliz< i if South Carolina. Neither of those m< vcro allowed to lako any of the supern neraries Unless they reached them by tir ixhausting juries N'os. 1 ami 2; but' I anting the names of all the jurors in a be ir fflass. 1111*1 haviri'T tlwm drawn ??..? ? iine by a eliild under teu years of age, n ording lo the new rule, llio prisoner is i ikely lo liavo supernumeraries presented I iiin first ns those thai have been organize* ir. ho may have presented a mixture ( *olh in iho eiSur^o of the process. A pri tier is entitled to a list of the names on tli tnire two days before lie is put on his tria nd in the meantime, juiioa Nos. 1 an aro organized, so that lie ami his couu el know thu order in which the jurors en auelcd will ho presented to him, ami h an make up his mind which twelve juroi e desires to sit on his trial, and ho may ? lake his calculations that, by an intelliger xeroise of bis right of challenge, he wi et most, if not all of the ill. 1'iit if tliQ. two organized juries and th jpernumorarios are thrown together, an nbjected to a new drawing, then he has t rope his way in the dark, and his right < lialteugc may avail him very little; or, t ?y the least of it, the value of such rigli 'ould he greatly impaired. It may ho sail owover, that the prisoner lias too great a ilvaulage in selecting his jury in the mod eretofoio n?ed; but if the litnnana proti?ns of the laws furorem vita give it to bin is bis light to enjoy it, and he may poiu ilh feeling* of gmlitude and pride loth indumenta) law of his country nsthogren liehl of his protection. In the case of iho Stale vs. Simmons i 2 Spcei's l.'eports, 261?the coiistitn onality of the act of 1835 was drawn ii notion. That act provided that it shout* r?t be lawful for a poison tobiing into tin tale, as a servant, any slave w ho ha I hoci irried out of the same, if at any lime du ng iho absence of such slave from th I.? O. .1... I.O.I lu.on I., .1-.? t<t%v ?*v v/i "hw imu wvvil |???i II* *?| JUill't United in Europe, in the Went Indies, o exieo, or in any State north of tiio Potu ae or city of Washington; and lur viola un of tho act the parly was declared lia o to a forfeiture of $1,000, and tho slavi ihject to sale by tho order of two inagis ale* and fivo freeholders -on# half tin ocoeds to bo paid to tlio informer, iiik io other half to the State. Tho owner o 10 slave in that case applied to tho Com r a writ of prohibition to restrain sucli occedingH, ami it was awarded, on tin ound that tho act not being sanctioned r the law existing at the adoption of iht ate Constitution, and not proceeding l>> e common iaw mode of trial by jury, was ^constitutional and void. So that it appear on an attempt of the Legislature to nltei o mode of trial by jury proved abortive. Is, then, the organization of a jury, un ir the 97th rule, consistent with the tria t jury as beretoforo used, and the express actmcnl* of tho Legislature beforo ant] ;co the adoption of tho Constitution, at pounded and enforced by judicial decisis? Judge Richardson well said, in dii.wing tho llth rijlo of ?ourt, in Sld'cr .1 be Leekte vs. Jones, 2 Speer's Rep., 821, "So < or here, the sense of the rule la in it! applies- i bo lion under the lew, which the rule cannot 1 ct. alter or even tuodi.y, but follows implicity." i ict Hut to say the least of it, it there uot too n- much room for doubt to hazard its enforcek t tnehtal v'jS ><j| ^&- . - \ ey No. 08. "Attorneys shall make such pre11 pHrMtion for every trial, and for every uaeig lion, on circuit, that the judge on circuit ed shall, without writing more than notes of n the oral testimony given by witnessesaddu* bt ced ?u Cuurt, have in a permanent form li?* tllfl llW>!ll?'nf"tt*!lPt ai,nt.,U..i is- fur his understanding tlie points involved; 1 ry for his instructing the jury fully; and for ee his mnking a report to the Court of Ap- i od peals." i by Except as to the oral testimony, this rule < ds viitu dly requires a brief of the case, which i in, in England it is the duty of art attoruey to in make and furuit-h to the barrister. But ire tho rolalion of nttorney and barrister does not exist in this country; if it did, the rule 1 he might bo practicable. Tho labors of the he bar are exceedingly onerous?and they can ef. well appreciate those of the bench?and are :ls disposed to give all the aid in their power i ve to facilitate the despatch of business in the < to Courts. Such course is, beyoud doubt, not rs. <?n!y promotive of the best inteiest of their so c' o its and tlioir own, but is absolutely tie- | Id eessary to tho proper administration of juslie tice, and is a courtesy due to the bench, at The Committee have knowu an instance so whero an attorney, in the inauagemout of a of cause, lias refused to furnish copies of pac?l pcrs used on the tiial upon the roqueU of nt the Court. If such matters wore left to the lie sound discretion of the Court in oacli parut lieular case?and the good sense and courn tosy of the counsol concei ned, without being trammelled with nny peremptory rule on o- the subject?much valuable time and lnboi in would be saved in the transaction of bu&ion new. Hut the Committee do insist that ed this rule makes a demand upon the lime iig and labor of tho bar that it is impossible to e?l meet; to say nothing of the impracticabili>e ty of getting not a little of the information To. required, short of a scarcliing investigation iat in open Court. Thoso observations, so fur n; as they are appropriate, are iulendedto ap iei. ply also to the 1st and 5th specifications ex at platialory of this rule. The 2d, 3d ami 31- tilli specifications, under the same rule, he are not objected to by a majority of the of Committee. No. 09. "This rule makes no further reof quisition than the rules heretofore of force, in as explained by the Courts and understood is by the profession. it, No. 100. "In addition to the report, tho lie grounds of appeal and matters which, bybe tho report, may bo required to be pi in led, iC an attorney bringing up an appeal shall have printed the points which he makes, is and the citations of authority on which he a intends to rely; and he shall furnish, of tho cr brief ilius prepared, a copy to the opposite ai attori ey, at hast two days before the appeal will ho heard, and a copy to each of tho V judges, nod one to the reporter nt the hearlv >?g. A specimen, by w ay of illustration, is iV placed in the bauds of tbe reporter, to be be printed with these additional rules in bis id ?ext volume of reports. In Columbia, two Courts of Appeal sit at 21. tbe same time, twice a year?one of the -2 terms dining tbe session of tbo Legislature, rt, In Charleston, two Courts of Appeal and it the Circuit Court. All three sit at tbe or same, time in January and February. It al. frequently happens that the attorney for 11. tbe appellant is not furnished on circuit n, with the judge's report, but tinjs it in tbe ot bands of lire Clerk of tbe Court of Appeals id when be goes to attend that Court,and sotueit. times it is made during the appeal term if aud banded to him. Tbe grouuds of ap :h peal are required, by the rules of Court, to us be specific, and of course contain all tbe ?n points made in the appeal. It woulJ seem, u then, that lire only object to be attained by at adding substantially lire same points to the iy brief, is to get them stated in connexion ix with tbe authorities relied upon, alt to be , a [ rinted and served on the opposite attorc uoy two days before the bearing. This is would bo very well if it could be done. So, to too, it would bo vastly more convenient if J, but one Court were in session at a lime; }f but it is not so arranged, and likely cannot . a- be. W'u have to grapple with things <as ie we lind them, and make tbe best of them J; we may. It frequently occurs that while I d an attorney is engaged in one court, nno- 1 j. ther is arguing a case in opposition to him ' \. in the other court; aud the law gives him ' ke tbe right to reply to what be has not heard. 1 rs One, under 8uch circumstances, with his ' io time engrossed in the examination of books, < it papeis aud the argument of causes, amidst 1 || cuufusiun aud perplexity, growing out of ' the organization of tbo courts and the lim o ited time for the transaction of business, s <j would find it impossible to wiiloout point* 1 u ami authorities for tho printer, to bo added i j( to his brief. Indeed, lie iuay esteem him- r o self fortunate if lie can get hi* note;) of au- * it tliority digested, and his briefs ready, with- f |, out such an appendix, by the time the hear- i 0 ing of his causes is ordered. t e It should bo boruo in mind, also, that 1 such requisitions, under these rules, involve t i, not only extraordinary labor and consump- >s it | tion of time, but very considerable pocunia t e ry expenses, inoro than have been encoun- j it ' tercd heretofore. I In conclusion, the Committee, on behalf t l ut I hose thoy repreauni, as we'd a? for them- , i. selves, would most respectfully express their i i disapprobation of such of the rules under 1 consideration as they have before indicated \ s objections to, and request of the Court that ii they may bo rescinded, modified or susi j pended. ? e | The Court will please accept the kind re- ^ s gard and respects of the Committee, r Kuspovtfi.ilv submitted, . C P. SULLIVAN, Chairman. Jan. 29, 1857. I ~ a ! Charleston, January 29, 1857. Hon. J. li. OWeall, a i J'resident Low Courtof Appeals: | | I>kan Sue As Chniiman of tho Cornf in it lee appointed at a meeting of tho bar, " t held in Columbia, on the 19:h December v i I last, on tho subject of th> new rules adoptji ?d by the Law Court of Appeals, I have n 1 tiro honor herewith to communicate to you, C i . and through you to tho Court over which t< r you have the honor to preside, tho report it i of the Coinrnitteo on that subject, together c; i with a copy of the proceedings of the meet- S r ing, for tho consideration of the Court. With high consideration and respect, your >i obedient servant, C. P. SULLIVAN. ' k l Calder 11 ol'sk, I Charleston, January 31, 1857. 1 ? 7b C. P. Sullivan, Esq., Chairman of the Committee on the i*xrt of the bar. vi My Dear Sir: Your remonstrance on si the pirt of the b*\*, assemolcd at Colombia t! 1^BW*7 ^ * BP ' i ?p tho 18tli day of December last, wm laid, u you requested, before the judgee. They received it in the kindest spirit, and instructed me to say in answer: The 07th rule was adopted without any special consideration of the constitutional abjection which you urge. If you, or any other member of the bar, should have a client convicted, you will have the opportunity of making r.nd arguing the ohjccliou, find of having it most impartially heard sud decided. In the ineautiine, I would say to you, the working of the lulu has [seen tried aud approved before brother Glover, in the Couil now sitting. The BStb rule and its specifications were never ioteuded to bo enforced in every case, but ouly so far as the judge trying a case might deem copies uecessary for his own information, or that of the Court of Appeals. It is believed liiat tho 100th rule is a very important one to tho bench and the bur. We think the bar will find it to work woll. Let it and all the others bo fairly tried, and if they or any of thciu are found to be oppressive, or not promotive of the ends of justice, we shall bo ready to modify or rescind. Tho brief I placed in your hauds is illustrative of how easily the points may bo made and the authorities cited. That was prepared by Col. DeTrovillo. Tho younger members of the bar here have uniformly complied with the rule. If novor was intended to exclude additional authorities, which subsequent research or opportunity may bavo found. Yours, truly, .JOIIX HELTON O'NKALL, President of Law Court of Appeals. P. 8. I presume this answer to your remonstrauco should I o mado public. O'N. Startling Occurrence.? At a church in an adjoining county, a Sunday or two since, just ns the congregation were about to kuoel down to prayer, a lady, in a tone of horror, raised the cry of s-n-lt k e! Grent excitement prevailed, and theie was a mighty rush from the dangerous locality. At length a gentleman ndvanced to the spot, gazed a moment u|>on the coiled monster, and, pouncing upon it, held up to the view of the startled crowd a whalebone hoop, which had wriggled itself out of a lady's petticoat and quietly coiled itself upon the lloor. This is a fact, and ought to admonish the ladies of the danger of not securing well the snake-like circles which encompass their lower extremities.? Clarkcsvillc (lain.) Chronicle. French Fashions.?Husbands and fathers will shudder to leant that the French fashions, ns set by the Empress Eugenie, contemplate no contraction of "circumference and cost." Says a correspondent: "The latest fete at the Tuilcries was marked by (if possible) a greater extravagance than over in the dresses. The Empress's costume no crinoline could possibly have supported, so enormous was the extent and ao solid the substructure. The dicss was a petticoat of white tulle, witli three skirts bouillone, a tonic of sky-blue velvet, trimmud with tulle puffings and large gold beads; and a head-dress of blue foliage, surmounted by a diamond tiara?all of which, of course, becamo her Majesty." Mr. Robert Chambers is the proprietor of Glenmorislou, and notwithstanding his Hlorary enthusiasm on popular rights and privileges, manage* his beautiful estate much after the usual fashion, lie elected, at the opening of an attractive walk, a board, on which was inscribeJ, "No thoroughfare this way. Trespasses will be prosecuted with the utmost tiger of the law." A wag, during the night, painted on tho other side ? f the hoard, "Chambers' Information for the People." A countryman once wont into an ordina ry's office and inquired if lit it was "the place where people git liccu-es to git mar. j riedf' Upon being answered in lite afiir j illative, h? said he'd "take one." "After "taking one," ho inquired the price. The obliging official said: "Well, the legal fee is one dollar and fifty-six cents, but gentlemen generally give what theg please." "Wal," mys the countryman, "that's kind ov you," tt tho same time throwing down a quarter. j That ordinary was Moke Gakuotinq.?Tho last case of ' parroting that wo have heard of is this.* As i gentleman was about leaving a iitmso in ! i fashionable quarter of the city, where ho Itad been spending tho evening, a pair of .1 ? -i ' i- - If iiuu UIMIO woig uiiuitii .nuill ill* IJCCii, nul his lips wore stilled. The suddenness jf iho attack deprived liiiu of all power of, resistance. As usual, "no policeman was ,o bo seen."?Ar. 1 Mirror. M. Humboldt,in his "Personal Narrative,-' j itates that "in the thirteenth century the labit of eating human flush pervaded all , rlasses of society. Extraordinary snares . Aero spread for physicians in paitieular. i rhey wero called to attend persons who 'eigned to bo sick, but wero only hungry, md it was not in order to bo consulted, but lovoured." Prentice, of the Louisville Journal, is tho luthor of tho following: "We sec that the p'ight'y, thbugli naughty authoress, who rails iierself George Sand, has oxprossed lersclf very strongly in favor of being burnd after her death. If there is any truth in he scriptures, we guess alio will have iter vish." A little boy on his return from Sunday cliool recently addressed his mother as fol-1 ows: "Mamma!" "Well, by dear." "Mam uh, tho teacher says people are all inado of lust." "Ves, my dear, so the bible says." 'Well, mamma, aro whito people made of lust}" "Ves." "Well, then, I s'poso colred people are made of' coal dust, ain't h<yr A gentleman of our acquaintance being oproved by a woildly-minded bigot for profanity," because he used tho word devil'1 without any great degree of solamilly, replied, after a moment's reflection, ' Ah, I see ? I have broken a command* , lent; I have taken the name of thy God iu nin!" Madame Oceana, the largest -limbed wo lan in (lid world, is in the museum at Now Means. She weighs 515 pounds, is 0 feet i?o inches in circumference, measures 20 relies around her nrin and .18 around the j alf of her leg, and wears No. 13 shoes, lie hails from Kentucky. i It is enough to make one shuddeV to ;ad tho printora* advertisements for a boy f a "moral character," when it is well nowu they intend to mako a "de/il" of ' im. - . A Skntimkmi.?The ladies?Muy their 1 irtues exceed even the magnitude of their J cirts, and their faults bo still smailor , nn their bonnets. ijL,. i' $X' ?*SP' <* >* :.' Favoaabla Paoavscts ro? mr Kiw 8*00 a a Csor.?At ? meeting of thi Louisiana Agrieulturnl Society, held recently, a paper wm read from Judge Post, president of the society, io which he informs the society that the future prospects of tho sugar interest in Louifciana have undergone an ulexpected and highly favorable change. Tho oanc has of lute yeur# been subject to a variety of disease*, including a borer worm, an insect often ' found in tho West Indies, but until lately unknown in Louisiana. The severe cold of last winter, while 1 it nearly destroyed the crop on hand.also destroyed I that mischievous insMg, and the other causes of < disease, whatever they Are. Au unusual breadth > of land has been planted this year, and, with any- * tiling like a fair season, iu his opinion un average crop will surely be inade. Fkahfully Beautiful.?M. de Morny, the rcpuled brother if the Emperor Napoleon, who was married in St. Petersburg l ist month to the Princess Sophie Troubetxkoi, is about 53 years old. Ilis bride is 18 or 10, and is described as fearfully beautiful." She was brought up ut the institution of the Im|Mri I Maids of Honor, and the Empress Dowager wished to give her to the reigning Etn- ( press as one of her ladies, but the Empress Marie said she would liuvo nothing to do with her, for that she W5s"lar, fur too beautiful." The now Countess dc Moray is evidently likely to make a ] sensation in Paris. 4n.?. I Education in Louisiana.? From tho report of , tho Superintendent of Public Education iu New Orleans for last year, we learn that tho number cf ch!Hr?w J;q Siate, between six and ten years of ago, reported by the ostcsvor* of 1855, was 73,322. Of these, 35,893 woro reported ns males, rtnd 31,- ( 123 as lemalcs. Tho sex was not mentioned iu regard to the remaining number, 2,908. The in erenso from 1853 to 1855 was 10.#71. Tho appropriation of four dollars for each of the children would require $293,288, showing tho deficiency in the appropriation, to in.ike out that rate o' distribu i tiou f<>r the .year, to be $13,288. Tho number of | school children in the city ? f New Orh-ans is rc|x>rletl at 21,550, and the appropriation at four dollars for each scholar is therefore $8G,200. Protection and Half-Defence Clubf.?In New York, a number ol clubs, consisting of young men muving iu respectable circles, have been lortned and arc now in operation, the chit f object of their i xistenoe bcin/ the protection of their own persons l>y the currying of wca|x>n*?self-defence in oaso of attack by highwaymen?and tho detection of the cowardly rufliuus who steal upon the |Killi of the unwary as they seek their homes ufter suudoHti. The Tribune says almost every peactublc citizen wears arms himself when he goes about at uight. Tltri c hundred and twenty one shares of Hamburg Hank Stock were sold in that town hist week at $0') per share?$50 is the par value. An honest Hibernian, recommending a cow, said she would givo milk year after year, without having calves, "because," said he, "it runs in tho brade, for 9ho came out of a cow that niver had a calf." At a late public meeting tho following "dry" toast was given. Tho author will get "buttered" when he reaches home: "Tho l'ress?tho Pulpit?and Petticoat*: tho throo ruling powers of the day. The lirst spreads knowledge, tho second morals. and the last spreads?considerably." While in Lowiston,says the Maine Kvnu geiist, Mr. Uentoii, iii allusion to hi* age, remarked that he "was walking upon tho broken arches of life, and was liable to slump through at any moment." Ueautiful?all but the "slump." DR. W. F. PRATT & CO. AT TLB SIGN OF THE f BIG- MOR.TAH, Nowtoorry, S. O., i WHOLESALE AND RETAIL DEALERS IN 1 DRUGS, MEDIC IN US, CHEMICALS, Patent Ifleriiciiics, Paint., Oil., Varaiahcs, Spt?. Turpentine, Cum)>luue, lStirn ug Fluid. Window Giaae, G! ..ware, Shop Furniture, Surgical an I IldiUl lu.ti utneiiift, Fancy Go>hL, French, German ami American Perfumery, Arlieta' MwU-rial?, (f>r I Portrait Painter..; F.ne Wine, L>'|iiora, Sugars , i ami Tobacco, Spice., Painters' Articles, lirmlio , , <>l all knds, Garden ami Field Seed., niul every ( I ollu'i article u?u.dly found in the largest Wholesale , i Establishment., All uf uhkh they off- r fur sale at low* r rate* than any other Drug Ilou.e in South , Ciiul.ua. Physicians, Planter, and Merchant, are invited to examine our Stuck and prices. Every article ( warranted to give wtitholloii.nad special care paid ; to the packing of good.. Or<ler. adJrvnol n? , above will meet w.th prompt attention. DR. F. W. PRATT, 11. II. LAND. Tan. 29 49 41 Grounds for Divorce. ! PINCH'S Anti-Rheumatic PowdersA SAFE, SPEEDY AND RADICAL CUKE ) FOR RHEUMATISM, RHEUMATIC GOUT AND SCIATICA. * , WE, tho undersigned aiiiictis or Putnam County, Georgia, cheerfully bear testimony , to the efficacy of Lurch'. A nth Rheumatic Powder. > iu the treatment of acute or chruitic Rheumatism, ( many cues having be? n successfully treated by l)r. J. G. GJUSOX, within our pcrsoual knowledge, iu which tlu?e Powders were principally used. J-?el Hranham, M. 1). Win. H. Carter, Steplirn li. Marshall, 1>. U. Adams, T. Id, Harwell, Thomas I'cspcn, ' (i. I* Thnrns. -I V;?l.l?..... *> ...I. -- _ u . ? IV 111 v 01 >11 vv WUVi B. * %* Any ro.osonablo number of iudividunt cer- [ iticat-s can be given iu attestation of tlieir efBcftey. Prepared nti<l sold l>y .1. G. GIBSON, M. 1>., Eaton tun Ul, ut $5 per box. AH orders directed to him, with the ab->vo ram enclosed, and a description of the cose,shall receive ; 11 with the Medicine such aJvieo us may suit any peculiarity thereof. FOR 9ALB 11Y , FISHER St HKINITSH, 'Spartanburg nnd . Columbia; \V. K. I'R ATT, Newberry; L 1*. i RARNKTT. Y'orWrille; <i. L. I'ENX, Edge- i tield; WAHDLAW ,fc LYON, Abbeville, Dr. . II. II. II UGG1NS, Darlington; REEDY Sc 1 \VYLIE.ChesterC. H.; M. U. BARLB,Green- ( ville, and throughout the State generally. i duly 3 27 ly n STATE 1)F SOUTH CAKOLIXA t SahtanbCho IJistiuct. IN THE COURT OF ORDINARY. L.renzo Chapman, Ad'm. A pp't. vs. Dr. O. C. J J Cbapitinn, et al. dcl'la. Citation to settlement, UETHEREAS it has been shown to tin satisfaction of tins Court that 1 >r. O. (*. Chapman, WiUou Chapman, Samuel Chapman, Wilfi.nl Chapman, W.ley Chapman, Madison Chapman, V Coleman Chapman, John Chapman, Nuney Chap man, the heirs at Inw of Martha Thomson, dee'd., ( ?- Farmer aud Ann his wife, Maiden Chapman, ' Cynthia Chapman, Wm. 1*. Chapman, Memory * Chapman, Virgil Chapman, Cheves M. Chapman, ' J.tliu A. Turner, Memory II. Turner, George \V. | * Turner, Abnt-r B. Turner, Dr. John A. Evans j and W. D. Evans, licir* ami distributee sat law and " legatees under tho will of John Chapman, ar. dee'd., reside Irom nnd without the limits of this " State: It is therrfc.ro ordered and decreed, that they " and each of them be and appear til Iho Court ?>f " Ordinary for said District, to bo lirU nt Spartan* j j* hurg Court House, on the 27th day of March next, ; ? to show cause, if any exi-t, why the estate of the tutui .John Chapman, sr., dtpM., should not be linully > settled, mid the assets of the sumo ordered to bo l' puiJ out according to law, or their consent to the ^ same will be taken pro con/esso. f liven under my hand a id seat of Odice, the 11th Dec , IK5??. It. BOWDEN.o.t d. " Deo. IS 48 18i Important to Public Speakers, S \Ni> alt who are nffeeted with Coughs. Colds, Hoarseness, Iuriuensa, Artlims, Irritation of ihc Throat, &c. An original Medicine, and one of , he very best for alt the complaints mentioned, i# the " I'kciorai. (JoM l>*o>'A. for sule at the Drug ned Jhcmical Store of FISH Kit A HKIM'KW. Id .Tan. 1 46 ~ ti " "'"'Hooks: booms:: LJUm^^BMBSlflKT^ vj 1 rpiiK subscriber takes this method to inform tb? X eitizeus of the Village and surrounding eounry, that lit) in now receiving a good stock of N KW < HOOKS, at bis Book Store, No* 6, M&iu-atrert | >pposite the Court House, such us are generally 1 Mrd iii Colleges, Acad. inics aiiifboctinon KngVa ' Schools. A Targe variety of MISCELLANEOUS BOOKS, < Lntbraciug UiBTORICAL, BIOGRAPHICAL 1 BEOLCO'OAL. MECHANICAL, Poetical and J Mimical vrorka, of various keen and prices. Some light reading (In the way of Novels.)? | ftl'TII II ALL, K&nuy Kern's writings ; TOM JONES' COPKTSHIP, Ac. &o. BLANK BOOKS. A nnrnber of II Y M N HOOKS, used by the different denominations of Christians, togcilirr with a large assortment ol FAMILY BIBLES, prices from $:2.00 to $10.00j small BIBLES, from SOe.-nts to $1,50 and 82.00 : TESTAMENTS Irom fifleeu cents to $1.00. PRAYER BOOKS it vurioua prices. Also a variety of small religious books,toy books imi Primers. A good lot of Foolscap, Letter, Commercial nuJ Note Taper. Envelopes from common to tbt finest itjrles. Black, Blue and Red Ink. NEW MUSIC FOR THE PIANO. Between 500 and 1,000 new pieces for the Pi| .no, from the be<^composers, the greatest variety lever offered in the up-country, (We hope (lis ladies will call and supply their.M-lvis.) 1 have made permanent nrrnngemcnts with several large Book Houses in Pbilndclphis and New York, to exchuttgc my Musio 'Work?the SOUTHERN HARMONY, at CASH PRICK, for their Books, Ac., at cash price*, nett. I will, therefore, be able to veil Book* au<l Stationery lower than they havcevcr been sold m Spartanburg ; and n? I dee re to do an entire Mill I usiueaa, if the people will cull with their money. I think tbey wlilbe satisfied that they con buy Booka, fro,n a8 c',cnP as lh?'y tan (nt retnilj in Colunibinor Charleston. CALL AND SEE WILLIAM WAT.KKR, A.S. IT. jyoohool tcacheni supplied on liberal terms P. S. If any person should coll for n Book or Hooks, that I bavo not pot, 1 will immediately order them if they desire it. N. B. The New Edition of the SoutiikrmIIarMor.v, kept constantly on haud, wholesale and r?> tail, nt the CASH BOOK STORE. May 17 HVrffo \ 2 tf a ?? i Carters Spanish Mixture. ' THE GREAT l'URIFIER OF THE ItLOOD 1 The llest Alterative Known! 1 NOT A PARTICLE OF MERCURY IN IT ! An inlalliblu remedy for Scrofula, King's Eril, Rheumatism, Obstinate Cutaneous Eruptions, 1'implea or Pustule* on tlie Face, Blotch- a C8, Boils, Ague and Fever, Chronic Sore Ejes, Ringworm, or Tetter, Scald-hcod, Knlnrgcnient aid pain of the Bone* and Joints, Salt Rheum, Stubborn Ulcer*, Syphilitic Disorders, and oil diseases arising from an injudicious use of Mercury, Imprudence in Life, or Impurity of Iiloo<]. Tlii* great alterative Medicine and Purifier of the Blood is now used by thousand*, of grntelul " patients from all ports of the United Statce, who Ratify daily to the remarkable cure- performed by [lie greatest of nllniedicii?c*,"(_'ARTFU'.<SPA>?- ^ ISH MIXTURE." Neuralgia, Rheumatism, Serut'uln. Irruptions on the Skin, Liver l?.*?-n.-e, Fevers, Ulcers, Old S?-rcs,.Atfi ctiuii of the Kid neys, 1 rise isca of the Tltfnat, Female Cotnpktiuts, J Pains and Aching ol the Boms and Joints, are J speedily put to flight by using this ucstilliable 1 remedy. d For all .harases of the B ed, nothing has ye C been found to eoiii|Mire with it. It cleanses the > nystem of all impirities, ocls gently tu>J < fticicn'.ly ^ on the Liver and Knlaeys, strengthens the Iriges- r lion, gives tone to tha stomach, mains the Sk-ti ti clear nnd healthy, and restores the CoastitMt>.?i, o vnfecb'.od by disease or biokett down by the cs- h i'cs? - of youth, to it> priatiuo vigor and str.ngth. ri v.? .1 ? ? - i iiiv uiir.Aiu uf rr.M*i.K8 u in peculiarly Hppiioable, nnd wheitrtr it h:w become known i* tl i cu'arly prescribed with the happiest effects. Ii invigorate* tin* weak and debilitated, and impart* J lauticity to tiio worn out frame, clear* tlie akin,and i'*vn the pat)hil fresh and healthy; n single bottle >f (his inestimable retnedy la worth alt the so-called 1 Sar*.nmri!l;ts in existence. The targe number of ccrtificatca which wc have received from persona front ail parts of tho United f Slates in the bent evidence that there is no humbug m iboat it. The Plena, hotel keepers, magistrates, p dijMciatin, nnd public men, well known to the la -uininunity, nil add tlirir testimony to the wonder- rn ul effects of this GREAT BLOOD PURIFIER. 1 b, Call on thengentand gel an Almanac, and rend I fv he di tads of :ot<ini?lnnff cures performed by CA R- j ti< FEU'S SPANISH MIXTURE, (is surr casks m .vi1krk KVBar TltlMB elsk had signally failed.) |j, Hie limits of au advertisement will not admit their 'ull iusertion. tl, WM. S. BEERS & CO., Proprjrlori, No. 3t)4. I'roudicay, New York j l'' To whom nil ordcrsuiust he addressed.' j *' For sale by Drogaisi* nod Country Merchants n ull par la of the Utoted Slates and the Caun las th ind hy FISHER & HEINITSH, Sptiriunburg. JOHN L. YOUNG, UniutiviKe. May 8 - II IN K<1U IT T?Spar tan b urg; * srauta.sbi.uo District. -i lame* Bennett, ct ul.ro. Hiram Bennett, adni'r. ca t si. m Bill for Partition. ^ lo IT appearing to the sutis'actiou of this Court that to H. Sarah Bennett, the daughter of Rowlaod Ben- ^ ull nnd her liusbund, if married, (whose name is ni| lukttown,) and her brothers John K. Bennett nnd |,r lames Bennett, Willibin Edwards, Isaac Edwards, Ilrum Edwards, Bennett Edwards, June Davis, I m lorinerly June Edwards.) and her hu*buid Fleni- ,lt ug Davis, Celt? Tate, (lorinerly Cehs Edwards,) ip( aid her liu.-biind tlrnry Tate. Nancy Ctark, (lor- ' Tc rv.rly -NnnCy " i wards.) and her hasbsad Charles ! dark, eh.ldn.il ol flicube'.h Edwards, (formeily, ' |n. iliubrlh BcnneU) and her husband Ripps Ed- ; j0 tarda, Jacksen P. Bennett, Elizabeth Moore, (fornor'.y El Libcth Burnett,) and her hunbaud James p\ loore, Sai ah ltrewrr, ^formerly Surah Benuett,) ; nd her husband Green Brewer, tho children of ! orial Bennett, Williams Benuett, Imwc WclFord, I llvauor Lewis, (formerly Eleanor Wotlhrdj Mary j id wards, (loruuily Mary Wofford,) and hor husatid Isaac Edwards, El:asbc(h J. Kcsm, (formerly -A Una belli J. WofHrdJ and hor husband William A. Mark j, Wofford, Met rick II. WofFord | leiijimin M. Wofford, John V. W'oflbgJ, Isaac p j. \\ (-tK?rd, Nancy K, Wofford, sod Mary Msmrec, Isaac Iiembrec, Jans Hetnbres, Jolinston lembree, Meirick lleiubrce, James IV. Henibrse, .trail Ann I lcmbre?,tbc nhildreu of Eunice Htm- i {el ree, (lormerly Euuioe Wofford,) and her luisband hr '.liltu llcmbicc, both den<l, who are children id mac Wofford nnd Jane his wife, who was a sister I Mark Bennett, ihc? used, dei? ml mis in this ease, .-.tie .iviit and without tin- inn,:.-. ..| ll.u State; It "1 , oil invtioii of D.iwkiU* iV <riio.ee. Coiliplail. ti 1 olieitoia, OrdtTtJ, l'lrflt they appeal and ph.ui, ' It is wot or demur, to complainants' EH of dom Fl Inint, wiihiu three months from the publication >! sal lis rule, or Him sains will be takcu fro eon/t**o j {wou iMvin. - Tiro. O. r. VERNON, c. r . r. Om'i-s. Ortice, Fob. 9, 1357. Fab. 12 51 f.m RARklXOO & mmWJL. * took and Exchange Brokers and Cotton J? Factors, Colombia, S. C. Will buy ?>hI i*!I Stitf*. City, io.nl ni <} al l*< r ]Vl).ND9 .ir-l STO< KS ou oonnuMs ou. J -Strju mtwit??c jutd to *Il'nje COTTON* ?i4 fl a.lviiDCCT mud* on coang mucut#o< the?M<.?. j Jj Oct. 0 33 tf. | JZl '-V ' &sf K% *-<i ran testify. Ask the Agem io /our nearest town', S ^espivlro^ oftho effectsof thie l)r. S. S. <>?lin,ofKno*villesOn.t?ay?: that* been tiling your Liverwort aid Tar very eaten\eively tu my practice for three years pasi, and, ." t it with pleasure I ?tate my folia/ is rrs sor*RIOIllTr OVER ALL. OTilER articles ?eiit whisk t am acquainted, for which it ia recommended." Messrs. Fitxgirald & Bcnncrs, writing from Wsyneevillo, ji. C. Ray: "The Liverwort and Tar i$ becoming daily min e popular in this Coun- ? fry, awd wk tiiike justly so. All who hare triad it apeak in commendable terms of it, and amy ft ia very beneficial in alleviating the complaint*fat r. which it ia recommended." a Messrs. Fiiiftrild & Demurs, writing from | Wnyneeville, N. C., say: The Unermmrt and Tar is becoming daily more popular is this Coos- , try, AND WC TIIINK Jl'STLY SO. All who tssi tried if apeak in commendable terms of if, and: any it ia eery, beneficial in alleviating ike earn ,! platnte for which it is recommended." ' . jfl Our Agent io Pickeus Dtstrwu 8. C., Ml. S. -* R. McPnll, osuires us "tliat At uoea if rp^:[gpM*t ^ benefit iu his own family, ami recommends it wyslfii neighbors." lie girt* ;.n instance of g Negro wo- ? man, iu his vicinity, who had beta suffcries with | disease of the Lungs for years, attended wnh se- 1 Tere cough, who was relieved by the Liverwort | and Tar. {fuel: are the good reports we hear of this MUfts cine from ail parts of tlx- South. For a report of the surprising cures it has performed is the Western and Not litem and Eastern SiuUe, wc would invite the sulliring patient to read the pamphlet y' which nOf?inn?ni?? unli l?ni?t? T.. -il ?- ? " hate hope, hate hope.' TRY THE MEDICOTy! OEWARRED1M SEAIOIV. . Beware of Counterfeits and Base Imitations! The genuine article is signed Axcmw Rocui tlic engraved wrapper around each bottle. Trice $1 per Lottie, ?>r ax bottles tot $o. Bold fnolesate und retail Ly 8C0VIL ds MEAD, mill Chart*. r? St., bet. C'onti nod St. Louie. N. O. ?oi.e A?i*rs for the Soitoken State*, to 'i vhotn all orders and applications for Ag^ncar nuat Ik ikddrtMed. Sold Wholesale and Retail by Srovil fc Head, 111 Chart ret Street, X. ft. General Agents for the 8cnlli?ra States, to sh^ ill ordcra meat be addressed. SOLD ALSO BY KISIIKR & IIKINITSII,Spartanburg,So. 3? W. II. WATSON, Greenville K. KHUTCH, ? KJiNNON A NORRtS, Unionrills, " S. IC. 11ENRY, Laureitsvillo " C. L. HARRIS, & CO., Uutbcrfordton, N. C April 24 2 6tr. STATE OF S0 UTH CAROLINA. sraktaksftto District. IN THE COURT OF ORDINARY. Lna LI. Oa.ua, applicant, vs. John Glenn, ?t at Defendants. Summons in l'.trtilioO. I \ r HKIIKAS it lias oppisrcd in t-videMOe to 'J TV "the satisfaction ot the Court that Garland A. Moan, lleverly II. Glenn, Opiatrv McCluin. Wl- TwB nm I'nriii). .July Ann Gauch, William Gauoft, Jnuhcw Johnson, and Amanda Joltnsun, defen. iiin iu the nbovr case, reside from and without _ w ho limits of this Stater It is th< refore ordered and ' ' ~ XH ivcrced that they be and appear at the Court o( Jrdiuary, (or Spartanburg l)islfht, to beheld at tpurtanburg Court lious**, on lbs 17th day of tpnl next, to show cause if any exist, why tbo wd estate of Tyra Glenn, deft'd.j consisting of on a met of land, lying on tile waters of Tjger river, outsitting one hundred at:d nxty acres, mors or as, bounded by lands of A. Wingo, Adam McElilh and others, should not be sold, and the pro* L-eda ot suid Mile disposed of according to law, at icir consent to tlic nunc will be taken pro conftosm. f Given under mv hand and seal of Oftioe. 16th an. 18o7. H. BOWDEN, o. i. o." January 23 48 12t lLL STATE OF SOUTH CAROLINA Si'aht \x ui'ug District. FAMES WILLI AMS, who is iu the custody of the Sheriff of Spartanburg, by virtue of cm. so. ; the suit of M. Myers, having tied in ray office, pitin r will) a aeludule, on uatn, of his whole esite and effects, hie petition to the C?-urt of Comion Plea*, praying that he may be admitted to the nifit of tiu* act of the General Assembly, made r the relict of insolvent debtors: It is ordered, that ie mud M. Myers, Admr. of K. Stariies, and all her the creditors to whom the said Janice Wilims i* iu auywise indebted, be, and they are here- J r, summoned and hare notice to appear, before ie soul Court, at Sparlanbnrg Coarl llouac, on IC first day of April u. it. to show tauae, if any I icy can, why the prayer of the petitioner a lot-can id lould not be grant) d. OfTiue of Common Pleas: Spartanburg District, iia ISfth No*., 1SS6. J. B. TOLLESON, No* 29 39 t~ tf Clerk. NEW GUN MANUFACTORY. sou wing a so carving of tiie fink arts. [MIK suliscribcr, recently from London, Paris . and the principal cities ot Europe and Anerii, where specimens of bis art have given the at<?t satis'acOon, respectfully informs toe citizens of * e Upper Country, that h? has joat arrived, and 4 *3 cati-d himself at Greenville, wln-re he ie prepared do all work appertaining to liis busii.ess, in the st maimer and at the shortest notice, as Double id Single Cast-Steel Kirks aud Shot Guns, Dwells Pistols, Arc. lie Will also keep constantly on hand an aaortent of Spot ting Materials, which be offera for sale very reasonable term*; tinely carved Atbgatnr's fcth. Steel Tumpa, and Engraving on Gold, 8ilr, &e. Ah Work and R*twirine done in the verv beet hum', and warranted equally as good aa can ha me in the United States. 530~lJis shop will be found two doors below Dr. trie's Drug Store. F. BRKDA. Greenville C. II.. Aug. 28 27 Cm MUSIC ! VVKllY large selection of the . best and latest improved PINOS of all kindsonn bebad at a ? W RAMSAY'S 9 IANO FORTE AND MUSIC STORE COLUMBIA, S- CTic invites a special examination of the late pa- k Had improvements in llsikt, Davis A Co'a.cele I n:?-? ? p.n.iw. j*Wry omnois guarantied. JitneSS 18 Jj Dry den's Baltimore tTKAST POWDERS. The qn.ck?*t n?d sere* L ever Introduced lor rniaitig or lightening lireiui, Houil Short Cake, l>urk wheat, Uir, and oil other kinds of Griddle CnVea. Per ? Hi KISIIEU & HKINITSH'S Drag Store. Jan. 1 43 tf Pura Diamond Starch. > KCBlVBD ? new h.t cf this eery superior V STAllCU, winch for whiteness sod kwww ^39 i^il sh > not ?doety<d by any Starch made. INti lu>*e? and by the single p-and. S A the Ch? t >' St..r. . f $8 Jap 1 45 tf FISHfcK A HKINlTBHs r CLOTHrs? 1 CI.OTIIINC! 1^11 K 'rgot stock ?.f KEADY?MAh>? CdAk. THING, can he found at . . - roi i icsosr A- wisgo'S.