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Ctr 1* VOLUME II-...N0. 315.1 CHARLESTON, S. O., WEDNESDAY MORNING^ MAY 30, 1866. -PRICE FIVE CENTS. Tile Daily ZETews. LARGEST CIRCULATION JUS THE STATE. LARGEST CIRCULATION IN THE CITE. ?.THK ZilST OP LKTTEK8 re nainiiin?: in (he Postoffioe at tlie end of each weeli is published officially IA THB DAILY NEWS every Fri day morn in?. BY TELEGRAPH. ata DEATH OF GENERAL SCOTT. WEST POINT, May 29.-Lieut. Goneral BOOTT died at devon o'clock five minutes this morning. [SECOND DISPATCH.] WEST POINT, N. Y., May 29_Goneral SCOTT was out on Saturday afternoon, and showed then no eigHB of early demiso. On Sunday bo began failing last, though tho physicians did not antici p?t? death immediately. Ho was entiroly con Goiotifl until tho moment of death, although ho lOBt his voice two hours previous. Ho rocognized the chaplain of the post ton minuteB before death, and clasped his hand in ailonce. Tlio President's Order on the Dca (li of Gen. Scott. EXECUTIVE MANSION, I WASHINGTON, May 29, I860. J Tho President, with profound sorrow, announoes to tho people of the United StatoB the death of WINFIELD SCOTT, late Lieutonant-Gonoral of the Army. On the day which may bo appointed for his fune ral, tho several Executive Departments ?f tho Government will be closed. The heads of the War and Navy Departments will respectively give or ders for the payment of appropriate honora to (he memory of the deceased. (Signed) ANDBEW JOHNSON. Additional Foreign News per Steamship David. NEW YORK, May 29.-Notwithstanding negotia tions are going on, the armaments are still pro gressing. The following are the market's authorized figures for cotton : Pair Orleans.16 d. Middling Orleans.l8 Jd. Fair Mobile.16 d. Middling Mobile.13 d. Pair Uplands.14|d. Middling Uplands.12Jd. TUo market closed dull and unchanged. Steok estimated at 970,000 balea Uplands, of which 415, 000 (toro American. **. - tater from Europe. FA^HHB POINT, May 29.-Liverpool dates of tho 17th, and via Londonderry of tho 18th, have reached here." COTTON, after some fluctuations, closed at last week's quotations. Sales of the week sixty thou sand bales. On Friday the sales were six thou sand, the market closing dull but unchanged. BEEADSTOFTS very dull, but firm. PBOVISIONB dull. CONSOLS 87} too1_. Five-twenties 60 to 61; Erie 45 to 46; Illinois Oentral 77. The Bullion in the Bank of England has do oroaeod thirty-two thousand pounds. The reserve cotes has decreased four million two hundred and fifty-three thousand pounds. The ship Argean, from New Orleans, waa groat ly damaged by fire. The Bank has not used the extraordinary powers granted by tho Government, and confidence is be ing restored. Bumors continue of heavy suspensions at Liv erpool. Continental affairs are unchanged. The steamship Denmark put baok to Queens town with machinery broken. NEW YOBK, May 29-The steamship Persia has arrived. Sales of Cotton on Saturday flvo thou sand bales. Middling Uplands 12?d. Consols 87 to h74. U. 8. 5-20'fl 65 to 66. The European Bunk of London has failod, and there are rumors of other suspensions. Hostili ties almost oommonced. LATE? FOBEION NEWS. More failures reported-among thom the Euro pean Bank of ,London, with liabilities of one mil lion sterling. New York News. NEW Yonic, May 29.-Congress Hall, at Sara toga, was entirely destroyed by fire this morning. Only a small part of the furniture was saved. Loss, $200,000. No other hotel injured. The controversy betwoen the Fenian leaders continues. President BOBKBTS has had an inter view with STEPHEN?, the latter requesting him te discontinue the movement against Canada, BOBEBTS replied that ho was determined to persist as he believod in fighting. STEPHENS then aakoc him to desist for thirty days, whioh was doolin?d The Isadora aro now openly opposing each other From Washington. WASMNQTOM, May 20.-The United States Con aid at Liverpool has officially advised the Stati Department that the steamer City of Dublii would oarry baok to Now York fifteen thousan? bushels of wheat of American exportatiou. The President has' appointed WM, FAXON Ohio Clerk of the Navy Department, Assistant 3ecre tary of tho Navy, vice Capt. Fox resigned. Th latter has beon nominated as additional Secretar of the Navy, for six months, undor the law jue "passed. F. C. COMMXNOSWOBTH made an extraordin?r run of 2256 pointsiin a gamo of billiards to-day. Don FRBDEBIOO BABBKDA prosontod his ere dei tials to the President as Envoy from Peru. Th usual diplomatio courtesies wore oxohanged. APPOINTMENT OK AHSKSSOB8. ALEX. H. HALL, of Mississippi; CHAULES J. HA.' CALI., Charleston, S. C; HOBAOE BHOUQHTON MAI SHALL, Texas; Lucius J. BUBNET, Little Bool Ark.; WM, H. H. WATSON, Atlanta, Ga.; BIOHAB 8. WALK INS, 3d District, Buss eil villo, Ala.; El wAnD LADBOIX, 2d District, Ala.-have boon a] pointed Assessors of Internal Bevenue. F. J. B. C. SMITH, of La.,'.has beon appointe Consul at Athens. Congressional. WABHINOTON, May 29.-In the United Stat? Senate the Colorado Veto Bill was passed over. Tho reconstruction resolutions wero oonsldur? Jtx. JOHNSON moved to strike out the third ee *5 ' lion, which disfranchise!* Confodoratos until 1870. Tho section was strickon out by a unanimous vote-43 yeae; nays, nouo. Soveral amendments wore offerod onibodyiug tho viows agrood upon in Republican caucus. They oxcludo from Federal and Stato offices thoso who, haviug bcon moiubora of Oongross, Legislativo or Judicial officers, look part in tho insurrection, or gavo _aid and comfort thereto. Oongrosa may, howover, romovo euch disability by a voto of two thirds. In tho nouHO, tho bill to coutiuuo in forco and ainond tlio Froodmon'a Biiroau Bill passed : yeas 06, nays 32. Meeting of the National Union Association. WASHINGTON, May 29.-Tho Executive Cominit teo of tho National Union Association mot at Bal timore this morning. MONTGOMEBT BI.AIH, the Postmaster, and othor prominent persons, wero present. Resolutions excluding reporters wero passed, and the proceedings woro eonduotod in private. The Tax Bill. WASHINGTON, May 29.-The tax bill wlijoh passed the House contains a provision for an export duty on cotton of fivo cents eaoh pound. The War Department will refund the amount collected by order of Qoner&l DANA as a military tax of two dpllars por hundred on cotton at Mem phis, Tonn. Restitution will bo made to the par ties or their legal hoirs or representatives. Naturalized French Citizens. W?_3HD?QTON, May 29.-Tho Department of Btato Las roceived dispatohos from the United StatoB 'Ministor at Paris, whioh mentions that French men who have beon naturalized in the United States, and who may be in Franco, aro liable to consoription, but if thoy will roport to the depart ment in which their names aro enrolled, and pro duce their papers of naturalization, their names will probably bo oraeod when requested. The Washington National Bank Fallare. WASHINGTON, May 29.-Tho President of tho Merchants' National Bank has made an offer to United States Treasurer to compromiso with Gov ernment and all other depositors, by paying forty per cent, of the amount deposited. This propo sition will bo submitted to the authority having the right to accept it on the part of tho G overn ! mont. The Fenians at Cleveland. CLEVELAND (OHIO), May 29.-Three or four hun dred Fenians, partially armed, carrying colore, officers with side-arms, passed here last night and to-day going East. They were orderly, and claimed to be en route for California. The Cincinnati Commercial reports tho move ment of Fenians bound for Canada, and largo shipment of arms. The eeorecy of the movement indicatos business of a grave charaoter. The Brie Railroad, * NEW YOBK, May 29.-The reports of over-issue of Erie Railroad Stock aro believed to rest on a slender f ?undation. A meeting of the directors will be hold to-morrow to consider proposals for a new loan to enable tho company io meet ita lia bilities. It is stated that tho director, who pre viously made a loan to tho company, and who holds fourteen thousand shares of stock, is pre pared to advance the amount required, whatever it may be. Steamer Oak Burnt near Savannah. SAVANNAH, May 29.-Tho stoamor Oak, from Hawkinsvillo for Savannah, was burnt last night near Wilmington Island, with five hundred and twenty-five bales of cotton, and niuo lives lost. New York Market. NEW YOBK, May 29.-Cotton quiet at 40c.@42o. Gold 371. Exohange quiot ; sixty days 9_. Texas Wool 20e.@2_c. THE LATEST. NEW YOBK, May 29.-WBIOHT, in his Cotton Cir cular, r.ports cotton quiot. 8alos of tho day 1500 bales, at 10 to 42c. Receipts for the week at all the portB, 15,000 bales; exports, 9000 bales; stook in all tho ports, 372,000 bales. FLOUB dull; common low. Sales 7000 barrels. State $7 25 to $9 80; Ohio $9 40 to $14; Western $7 25 to $9 GO; Southern unohanged and drooping. WHEAT has a declining tendency, and 2 to 3c. lower. Sales 47,000 bushels. Milwaukee Club (2 05 to $2 20; white $2 90. COBN has declined 2c. Sales 120,000 bushels at 83o. BEEF steady. Fork heavy at $80 70. Lard firm at 19 to 22fo. Whiskey firm at 26 to 27c. Sugar steady. *? GOLD 374. mobile Market. ' MOBTLB, May 29.-Sales to-day two hundred and ' fifty bales. Middling, 35 to 39. Market heavy, ? and very irregular. Receipts, 965. New Orleans Market, etc. NEW OBLEANS, May 29.-Cotton feeblo, with sales of seventeen hundred bales at 86 to 37. Gold 36. Bank Sterling 53. In tho Supreme Court, DURANT and HUNT, 5 always Union mon, argued the validity of Con 1 federate notos as au issue of bolligeronts. Judge CAMPBELL, Confederate Secretary of War, anti MEABS, Confederate Judge, argued against thom, The city full of jokes and laughter. u Wo copy from a Massachusetts paper tlio foi y lowing report of a rocont mooting of tho Boston '*. Board of Trade : "A meeting of tho Boston Board of Trade was called last week to consider whal y notion should bo takon properly to notico, and de honor to Mr, GEORGE PB?VBODY, who is now OB a '" visit to this country. Wo aro informed that the 0 Fresidont Btatod tho object of tho mooting ant] awaited its action. No one suggested anything at length a Mr. BOND moved an adjournment, and '* a Mr. ATKINSON, in supporting the motion, do .- nounced Mr. PEABOBY, in no measured terms, at 'i sympathizing with rebellion, and as receiving the D news of Federal victories in joyloss silence. The >~ Board evidently agreed with Mr. ATKINSON, mu ? adjourned without any othor action." ?ia d A NEW ABTIFIOIAL ?4BM.-London papers notici an artificial arm of novol construction. It i hollow and light, yet very strong. The elbow anc wrist movomonfu are simply effected by eordi working ontiroly from the snouldor-joint of th< ia loot arm or forearm. Tho artificial arm is attach ed only by a cross-strap passing behind the bael to tho opposite ah oui dor, ana _ot crossing th> J* chest. It enables the wearer to faed himeoir, ti 0- doff his hat, to drive and to carry weights. 1 Literary. Mr. JOHN BUSSELL has sont us tho April number of tho Westminster Review. The following h tho Tablo of Contents : t. Itailway Boform. 2, Tho Royal Hospital of Bethlehem. 3. The Situation in Austria. 4. French Opinions of tho English. 5. Tho Unitod States Constitution and tho .Secession ist?. C. Tanl Louie Courior. 7. Comuiona round London. 8. H. Taino on Art and Italy. Contem porary Literature Articlo 3, Tho Situation in Austria, is worlhy of attentivo perusal at this time. It presonts an ex haustivo survoy of the internal politics of that em pire, immediately prior to the present imbroglio, and asaists tho reader much ' to a good under standing of the present situation in Germany. According to tho writer, the prospects of this monarchy aro anything bub flattering, and this it must be romemborod WAT predictod before tho present pressure, from Prussia and Italy, was brought to bear upon her. Articlo 4, French Opinions of tho English, ia one of tho most readablo papers wo havo fallon iu with in a long time. It is a gossipy review of H. TAINE'S "Histoire de la Litt?rature Anglaise," and Louis BLANC'S "Lettres sur VAngleterre." Tho prejudices of theso French writers (not tho mis take) aro hore amusingly sot forth,-oil in the beat of tompor and genial style. We cannot for bear transferring to our columns a quotation from Louis BLANC, on the dofects of tho Constitu tion of the Unitod States. M. Louis BLANC, all our readers aro doubtlos? aware, has been an ultra Republican from bia infancy, and is one of tho lost living French political writers. Ho aays : . .'Why mince the matter? The Constitution of tho United StateB, whatever bo its other merita, is defective in this reapect, that in recognizing the power of majorities it has omitted to subor dinate it to that action of pormanont control which is needful to ovory species of power, and to that of majorities perhaps moro than any other. Many poople bolieve that the sovereignty of tho people is realized by tho government of the groat ost numbor, whatever may bo the mode in which this government is organized, or by whioh it per forms its functions. For my part I can not, I confess, con?oive a more dangerous error. Sov ereignty can not be a sum m addition. What really constitutes a nation, what makes its gran deur, what croatoB its power, is what it comprises of capacity, experience, reason, and enlighton iiK'ut. The putting into motion tnese living forces is the interest of all; this is its sovereignly; and if universal suffrage morits our acknowledgment of its excellence, it is because, under certain given conditions, it furniahos the bost process that can be employod for committing the management of Eublio affairs to the most officient and worthiest andB. A democracy in which tho force of num bers has the effect of nullifying the force of intel ligence, instead of entrusting it with tho direction of affairs, is not a democracy; it is but a multi form despotism, blind and confused-a despotism inevitably condemned to perish, a little sooner or a little later, by self-destruction." Here is a sure word of propheoy from an unex poctod quarter. We commend the whole article to our readers, assuring them that thoy will do rive abundance of both amusement and inatruc tion from its perusal. "The United States Constitution and tho Seces sionists," Is the Bubjeot of the 5th articlo. We have road it, and are sorry wo wasted so much of our time. It, of courao, purports to havo boen written on the other side of the water; but most undoubtedly omanatoa from "down EaBt." It ia signed "J. W. P." Wo are not sufficiently au fail in the Now England catalogue of fifth-rate writers to spot tho owner of "J. W. P." The writer makes a feeble attempt at viewing the question from a foreign and philosophical stand-point; but in this ho fails moat signally, showing himself a mere common-place partizan-not a Radical, and here is the only mystery of the matter. The mau cer tainly ought to bo one; his proclivities are clearly in that direction. But who knows-bo may bo a postmaster or an internal revenuo tax assessor, and havo tho fear of ANDY JOHNSON before his eyes, with a general preference in favor of keep ing his head on his shoulders, which, of conree, will account for minor inconsistencies. But, in dependent of its political leanings, wo aro sorry to seo American literature or politics represented by such namby-pamby, milk and water writer?. And it is no credit to the Westminster Review that it should have published it. We havo not yet bad time to read the other ar ticles of the number. TAINE on Art and Italy offors very tempting summer afternoon's lecture, TAINE is a fine and sensible writer, and particu larly in his element as a oicerone through the arl treasures of Italy. Commons round London ia e eeasonablo article, to bo road this hot woather, particularly by all onr citizons who feel interested in getting up parks for us. The brief notices of new books, under the boat of "Contemporary Literature," are one of th< most attractive features of this Review. Amon( many others we hero have a critique on DICKENS Mutual Friend. The critie is anything but com plimentary to the great humorist. DICKENS beinf a great favorite with us, we naturally took um brage at these strictures, but soon found thatthi reviewer was right, and we were wrong. He con cedes groat genius to him, but not the highest He says : "Whoa we compare Mr. Dickons to the world' great humoriata-Aristophanoa, Moliere. Swift Cervantes and Shakspeare-then we see how fa 1 short ho comes of tho highest rank of genius Pecksniff weighs as chaff In the balance agains Tartuffe, and Pickwick ia a more monster beeid the Don of Spain. The morewe>study Falstafl ' Gulliver and Sancho Panza, the more we porceiv > the art of the artist and thinker, but the closer w 1 look at Mr. Dickons' characters, tho moro w detect the trickery of an artificer. The more w analyzo Mr. Dickens, the moro wo perceive tha his humor runs into riotous extravagance, wini his pathos degoneratos into sentimentality. Hi . characters, in fact, aro a bundle of deformities He has made the fatal mistake against whid Gcotko warned the artist. Everything with bit is not supra naluram, but extra naturam: HI _ whole art ?B founded upon false principles. Who . wo put down a work of his, wo aro tempted t ask, Quid hine abest nisi res et veritas ?" \ The critic then goes on to illustrate these point I from DICKENS'latest work, "Our Mutual Friond ; . but we have not spaco to follow him further. ? There are many moro interesting reviews her . of lato works, giving us a relish of the good thing , in atoro for us. To our tasto this appendix of tb , Westminster is tho most desirable part of it,, an , this i? the only Quarterly that has incorporate I this important foaturo, ? ?? The Mobile Register has the following : "A litt! j girl, who was passing the residence of one of ot [ oitizens, yesterday, was bitten on the cheek by | vicious dog, wbioh jumped out of the gato upe 9 her. The owner of the dog was arrested, and ti * caao waa brought before the Mayor's Court th \ morning. His Honor decided that tho owner mu 5 kill the dog, or ho would fine him, and the oai wa? left open until the sentence 1? carried ont." Important Decree in the Court of Probate. Wo publish bolow a decree from the Juilgo of tho Court of Probates of this District, sustaining tho validity of codicils to a will, where the original has boon lost. Tho docreo is ono of vast import ance, and tho lirst enso of tho kind which has over occurred within the jurisdiction of this Court: TIE BTATE OF SOUTH OAHOLINA, OHARLE8TON DISTHICT. IN rot'iu- ni;i)iN.\nv.J In matter Probato 1st and 2d codicil to original last will and tcatamont of Dr. Joshua B. Whit ridge, doceasod, said original will boing lost or destroyed during doc.dunt's lifo, or sinco hi? decease, and coutonts unknown, aud incapable of proof aliunde. Dccroo sustaining validity of 1st and 2d codicil under special circumstances, proof of duo exe cution and decedent's tostamentary capacity when codicils were signod. Osma Bailey, a nominated executor of decodon t, filed a potitioD in this Court, propounding a first and second codicil to a proviens instrument of writing which had been executed by docedont, Eurporting to bo a last will and tost "mont which e allegod had been lost or destroyed, previous or subsequent to docedent's death, by accident or some casuality in tho plundering or destruction of some documents belonging to one of the monoyed institutions of this city, whoro it had boon doposited for safo hooping, in charge of one of the officers of said bank; that the timo of loss or doBtrnotion could not be ascertained, nor tho circumstances explainod, except presumptively; nor could tho contents thoroof be established by local and competent testimony. It was further allegod that said oodicil distinctly referred to said lost will, and rovoked many of its provisions, and also contained several additional, dis tinct, and substantial bequests, which could tako effect and be executed independently of the will, and on which a special decreo of probate maybe had; and, moreover, that de cedent, at and boforo his deceaso, was ignorant of the IOBS of said document, having ovory reason to believe it was safe and intact, in tho vault of said bank, whoro it had been deposited for many years, and consequently be bad no intention to revoke either will or oodicil, but, on the contrary, Baid codicil boing found in oxistenco at bisdecoaso, the legal presumption and iutention must bo they should take effect as far as practicable, if not ex pressly incompatible with adjudicated law. The testimony in support of tho statements set forth in the petition substantially proves that tho d?codent, many years nineo, did makoand oxeouto an origiual last will, which ho deposited for safe keeping with an officer in one of tlio banks of this city; that subsequently, on the 24th day of June, 1856, he made and executed the first codicil to his I said will, which he retained in possession, and on a memorandum paper annexed thereto, and in de cedent's handwriting, he doclares his Baid original will was then, and had boen for many years, in charge of the officer of said bank. Subsequently, on tho 25th day of February, 18G2, he mado and executed a Becond codicil, recognizing the exist once of the origiual will and its continuance in the same placo, ana the preceding oodicil referred to. After this period the condition of the country com pelled the decedent to abandon Wadmalaw Island, where he resided, and ho went to Greenville, S. 0., where he resided until the period of his decease, on the 12th day of April, 1665. It was further proved that, subsequent to 1862, the assets, books and dooumonts of the institu tion, where said will was on deposit in 1862, had been removed from the city to somo inland town in the interior; that some papers and documents, which had been a long timo in said bank, bad been left in the vaults of the bank in the city, and no schedule mado of thom, and these were plun dered and destroyed during tho war, or soon after the surrender of the city to the Federal troops. It waa aleo pre .-c-,1 that some booka aud other documents of Baid bank, which had been removed to Columbia, were also destroyed on the capture and destruction of said city by Gen. Sherman's army, in February, 1865, about two months pre ceding decedent's deceaso. It ?does not appear that decedent ever withdrew the original will de posited for safekeeping with the officer of Baid bank, and the probability is the same continued there until his deceaso, or its losa or destruction, when sundry documents of said bank wore plun dered and destroyed in Cbarlcstou or Columbia; and decedent having died so Boon after, and about the termination of the lato war, could have no knowledge, or obtain information, whether said original will was in oxistonce, or had been lost or destroyed at tho period of his deceaso; and this is confirmed, from tho exiatenco of the two codicils at his decease, and his retaining them in posses sion to period of his decease. As an additional fact in this case, on perusal of the codicils, it will appear they rovoke sovoral of tho provisions aud bequests in the origiual will, and contain many additional, distinct and substantial bequests, each capable of taking effect, from any cstato which decedont may have possossod or bo entitled to at his doconso; and in addi. ion thereto, said codicils oxpressly nominates and appointe peti tioner one of his executors. Tho law applicable to the allegations in tho pe tition, so far as they have bcoa established by the testimony, will now be considered. A codicil is an addition made by the testator, and annexed to and to be taken as part of a testa ment. It is a part of the will, all making but one testament. . It is prima facie dependent on the will, and the cancellation of the will is an implied ? revocation of the codicils; but there have Been , case? where the codicils have appeared so inde pendent of and unconnected with the will that, ! under certain circumstances, the codicil has been 1 established, though the will has been held invalid, lost or destroyed. It is a question altogether o? I intention. The legal presumption, under circum stances, may be repelled by showing the decodon. 1 intended the oodicil to operate, notwithstanding I the loss or revocation of the will. The question . will depond mainly noon the contents of the several documonte. If the dispositions in the codi " oils are so complicated with and dependent upon I those of the will as to be inoapable of a separate . and independent existence, the destruction or lose of the will neooBaarily revokes tho codicils, and 3 the general presumption is rather in favor of the - intention to mvolvo a codicil in the loss or rovo , cation of a will where a contrary intention oannoi be collected either from tho codicil itself or from oxtrinsio evidence, s But if tho codicils are capable, from the nature , of thoir contents, of subsisting independently oi r the will, tho validity will not be ?.flouted by the , destruction of the will. t Casas liavo boon adjudioated in the Eoclesiastic o and Common Law Courts similar to and sustain ', ing the validity of codicil undor faots and oircum Q stances similar to the prosont. o Whoro a testator mado a will, tho contents ol o which wero unknown, the same not being found a at his death, tho codicil was adjudged unrovokod, t there boing nothing to show an intention to re o voko it, and its being of such a nature as to be t, capable of taking effect, independently of the will, i, oapocially if diligent search and enquiry after the li will in those places where it would most probably a be found to oxist, has hoon made as in the prosenl a case, h'eo let, Terman on Willie, pages 164 and n 223; 2d. Addams' Ecclesiastical Rep., pagos 116 an ci o 229; 4th, Haggard's Kop., page 869; let, Curtie Kop. Taggart vs. Bonlrou, pago 289. The evidence in this case establishes docedonl 8 did make a will, which he deposited for safo koop " Ing with an officer of one of the City Banks an. continued in the same place to tho porlod of 1862, when ho oxeouted a second codicil-retaining bott 0 codicils in his possession and control, and as the a will does not appear to have boen withdrawn from o ita original place of deposit by bim or any ono foi , bim, ho must have boen under the impression of He a existence and safety until tho period of his decease d and from the ooixuMon of the country, ana unti it was ascertained that sundry dooumonts of the Bank had been plundered or destroyed, could ii . be presumed or conjecturod that said will may oi 10 was destroyed. Any knowledge on part of de ir codent of ita fate, previous to his decease, must a bave been unknown to him, and only nineo his de COOBO have tho fact? been ascertained of the probable casualties and acoidenta which have re io suited in losa or deetrnoUon of said original will is The contenta of these two oodioila show they an ? not ontiroly dependent on the will, and there ii nothing to show eaid codicils to bo contlngon 'o upon tho existence of the will, but the ?overso. Haying sufficiently ?et forth the facts and cir ciitnatanccB of tho COBO, and the adjiidicatod Eccle siastical Law rotating tberoto, I am of opinion, whether Haid original will of d?codent was de stroyed by accident or sonio other cauaualty, pre vious to or sinco his death, tho said two codicils wero intended by tho deceased to havo operation and legal effect, and I pronounco for them ac cordingly. It is thercforo adjudgod and decreed that said two codicila or inatrutnonts of writing aro of legal validity and force and to bo and con tain, as far as appears from the ovidonce, tho last will and testament of said decedent, Joshua B. Wbitridgc. Given under roy hand and tho Seal of tho Court, the nineteenth day of May, Anno Domini 18G0. .->-. GEOBGE BUIST, (ral Judgo of Probates. 1 ** *' f WILLIAM WHALEY, Esq., -?-' Proctor for Exocutor. LETTER FROM NEW YORK. [FBOH oun OWN OOBBKSFONPENT.) NEW YOUR, May 26.-Le roi est morl-vive'.te roi. The King is dead-hats off to his sucoessor. The Academy of Musio recently destroyod in the great Fourteenth stroot fire, is the dead king-tho Academy of Musio which is immediately to arise phaonix-like from the ashes of the old ono, ia the live king. The Herald of yesterday, inwardly rojoicing in an ill concoalod ohucklo at tho supposed downfall of its old onemy, MABETZEK, prophecies that tho Acade my will never be rebuilt, and suggests that livery ?tabina should supply tho place where once stood this magnificent temple of musio. Tho following card, published the same day, but not in the Her ald, showeth that BENNETT is for onco behind hand oven in news matters. Tho oard reads thus: ACADBUY OF MU3IO-ITALIAN OPEBA. " This establishment does not advertise in the New York Herald." "This establishment has beon burned to the ground; but, as I havo no intention to solicit pity or charity, nor am I capable of using such a hor rible catastrophe (which doprivod several persons of their lives, and hundreds of the moans of sup porting their families) as a favorable opportunity for advertising my business, I will abstain from enumerating my presont loaacs and heralding (tho italics aro Maretzek's) my future movements. However, in order to allay any apprehensions on tho part of artists, chorusses, orchestral playors, and other employees, I deem it consistent to de clare that all engagements made for next-the fall and wintor seasons-remain in full force, and that operations will commence early in October next. "The public's faithful servant, "MAX MABETZEK." So the public's faithful servant is not dead yet, and will live to battle bravely against tho New York Herald and its favorito, the public's othor faithful servant-GUAU. Between the two ser vants, the public mayexpeot some fine musio next fall and winter. Several important changes and improvements have been made recently in some of our first-class hotels. One hundred and fifty thousand dollars have been expended on the Metropolitan Hotel alone. The large space in the building for so long a period oconpied by Niblo'a Garden has been transformed into one of the handsomest billiard rooms in tho worlo\ There is also a new bai room and a new dining hall, both princely in their magnificence. Great improvements have alec been made in the Aetor House ; and CRANSTON, the proprietor of the New York Hotel-the place where Southerners most do congregate-has pur chased thirty-four lots opposite the main entrance to the Central Park, and intends to put up what may bo the grandest hotel in this country. The building will cover tho entire block boundod bj Fifty-ninth and Sixtieth streets, and by Fifth and Madison Avenues. The hotel will be five storioi in hoight, besidos the basement, with a seveull story of chambers in the French (MANSARD) roof As these chambers will be very high, the boan therein will, no doubt, be proportionately low There will bo in this palatial building no les? thai ono hundred and seventy-four private parlors each one having a suite of chambors attached, an< all tho conveniences that can be concoivod. Mr CBANSTON proposes to get up a joint stock com pany, and the building will bo commenced at* sooi as poBBiblo. From this grand hotel there will b a magnificent view of the Central Park. Verity this ia a groat city. The ridiculous and mischcivous plan that ha boen proposed by some of the members of tb Common (very common) Council, looking to th widening of Fifth Avenue, by cuttiug away sue of the stoops as projeot out a little farther tha the lettor of the law allows-the stupid propc sition concoivod by the brains of stupid men, au calculated to disfigure one of the handsome* promenades in the world-has caused some excite ment, and brought about a meeting between th poor Common Council and some of the un com mot ly rich Fifth Avenue merchant princes, in whic the latter pr >tgetod in strong terms, and tfiroug able counsel, against the measure. It Is' to b hoped that the foolish projeot will bo abandoned. Last Thursday night another 'disastrous ooi; flagration ooourred here, whioh resulted in th destruction of the Hudson Biver Bailroad freigh depot, in which at the time were thirty loado oars, all of which were consumed. The entire los is estimated at about one hundred and Aft thousand dollars. The Fortress Monroe correspondent of th Herald, in a letter published in yesterday's - issu of said paper, compares JEFFERSON DAVIS to N.1 POLEON, and thon makes a kind of an apology fe having dono so; and adds, that NAPOLEON wonl never havo been oapturod in the disguiso of woman's petticoats. This is a very old joke, an an exceedingly otalo lie by implication. Tho IIe> aid corrospondont, the Herald itself, and over ono olao, know that thcro is not a particle of trat in tho petty petticoat fabrication. From a special correspondent of the World (frot Columbia), who represents and signs himself "On of SHERMAN'S Bummers," we learn positively tha SHERMAN had nothing at all to do with the burn ing and sacking of Columbia. Of comae, if "Bom mer" says so, it must bo so indeed. This .may d< to tell tho World, but the world (and the Worl too) knows botter. Tho concert given on Wednesday night, at Ir v ing Hall, for the benofit of the Catholic orphan of Charleston, waa a great success. The following artistes took part, and all did admirably : Misi MATILDA E. TOEDT, Se?orita Poon, Miss HENNE and Mesara. MOLLENHAUEB, POZNANSKI, MACHIO LKW and PEOUKB. The Beethoven Maennorohoi ? also assisted. At tho Academy of Mualc-ashes and heaps o ruina; at Niblo'a, CHARLES BILLION, tho tragedian In "Bolphogor;" at Wallaok's, "Never Too Lab to Mond;" BAHNEV WILLIAMS and wife at White [ Garden; M?e. Jous Wo--J at the Olympic, Seo., tee ADAH IBAAOS MENKEN, who is playing th "French Spy" and "Dlack Eyed ?usan" at th Broadway, does not advert ??ein the World. TI1?0? no doubt, has been brought about by an articloi that appeared in UM World relativo to hor Ma zeppa said arti,?.,? toning the ".ngumantod truth about Mrs. M-KKRji'a oostumo Yesterday afternoon Dr. AMIHI.WS mudo a ?rial trip in his flying ship, tho //m,>l( Tl)_ c-periln01lb was entirely Hi.ccessr.il-, tlio :.*ri.il vessel ascended' in beautiful etyle, and remained in mid air Toe twouty-fivo minutes, -uili"K " "realer portion of tho timo against tho iviud. Truly (hie is not only a great city but a great world. MOULTRIE. CII.VAX.RYW SlEiiruu.-They havo a happy Mayor of Memphis. Ho was urwik during tha whole of tho recont riots in the city of ?vhich ha is the chief civil officer, but waa, wo boliovo ablo to lead a mob. Ho took offonco at somo observa tion mado by the Argus, mid addressed tho editor a lcttor as follows: "To the Editors of tho ArgUB. "For your uncouth and ungontloraanly remark? in regard to niysolf in this morniii^'a iasue, I hold, you personally responsible. Select your friend to arraugo this difficulty. "Moat respectfully, "?JOHN BARK. "May 17, I860." ' The Mayor delivered this in tho counting-room of the ?irgue in porson. Mr. Browor, editor of tho Argus, addressed a communication to "His Honor, Johh Park, 'Mayor and Conimandor-in- - Cbiof of tho Army and Navy of Memphis:' " The editor's lettor dcclinod to ongago in a fight, or rather laroo; and the noble Mayor indorsed ort the letter, which ho indignantly returned, thus smashing complimentary : "Whenever you choose to act tho coward, keep? - all communications within your offico as above "May 19, 1866. JOHN PARK." Tho editor was then BO unkind as to print that correspondence, and to say : "Whenovcr wo "cbooso to' act as aforesaid, wo will cheerfully adopt His Honor's sugu-eation. Meanwhile tho Argus will 'chooao to' demonstrate, tho nooe8sity of a chango in tho municipal admin* istration of Memphis." MARRIED, On tho 23d of May, by tho Rev. J. MRBCTR GREEK, at St. Mark's Chapel, Mr. N. A. MONTGOMERY, of Colum bia, H. O., to Miss T. M. HERTOT, of Charleston, 8. 0. _ 8PECIAI1 NOTICES. OSS- CONSIGNEE'S NOTICE.-MERCHANTS' LINE schooner D. 8. WILLIAMS, LETTS Master, will discharge cargo, Titi* Day, at Adger's North Wharf. All gooda not called for at sunset, will bo storod at their risk and oxponse. WM. IIOAQH, Corner East Bay and Adger's Houth Wharf. May 30 1 ?V?-MESSBS. EDITORS-PLEASE ANNOUNCE BHNJ. O. HERIOT, Esq., nu a Candidate for Aldort-A-*. of Ward No. -, to fill the vacancy caused by the resQC? nation of A. C-MEUON, Esq. MANY FRIENDS, May 24 ?-FOR ALDERMAN, WARD NO. 1.-PLEASB -n-ounoa Dr. W. T. WBAO? asa candidate for Alder man In Ward No. 1, in place of J. II. MACIIKTII, ro? slgned. May 23 j?-FOR ALDERMAN, WARD NO. 4_PLEASB announce JOHN F. O'NEIL as a candidate for Alder? man for Ward No. 4, In place of A. OAMEBOK, resigned. May 23 W STATE TAX OFFICB, FIRE PROOF Rtm.-INO-.- TUia oiBco ' 111 open ot_ tho receipt the BTATE TAX, and will continuo open until tho a to day of June, prox.i nci-slVB. FLEETWOOD LANNEAD May 21 Tax Collector 8t Phillp and 8t. MlohaeL ra- NOTICE.-ALL ?PERSONS HAVING, claims against the estate of JOSEPH B. ADDISON, de? ceased, are requested to loader them In, legally attested; and tbOBO indebted will ina-o immediate payment to MARY L. ADDIBON, May 16 w8? Eiocntrlx. OS" EXECUTOR'S NOTICE.-ALL PERSONS having demands against tho estate of tho lato Mrs. ELIZA B. WILKINS, will rondor them, properly attost. ed; and ihose indobtod to said Estate will niako pay ment to MARTIN L. WILKIN-, May 16 w3*_Executor. ra- NOTICE TO OWNERS Of PROPEBTX i I.YINO BETWEEN BROAD AND Ti.AOD STREETS ASD WEST OF LOGAN STREET. MAYOR'S OFFICE, 1 M.w -Jil. l?i>0. j In accordanco with rosolntion of tho City Council, adopted at a mooting hold on tho 24th inst-ut, I horoby Invite tho owners and representatives of property lying botwoon Broad and Trsdd slreots and wost of Logan street, to meet the Committee on Street? from Cits' Council, on Wednetday, 30th Instant, at 6 o'clock P. M.. at this oftloo. May 28 3 P. C. PAILLARD. Mayor. CHIEF QUARTEI.MASTER'8 OFFICE, ? DEPAnTMEiTr o? BOUTH C ABOMWA, V Cn_ntKsTOK,9. , Mayl 9 1806. TWO HUNDRED AND FIFTY DOLLAR8 WILLBB PAID by be undorslgnedto any person wha wiU do Uvor to bim tho OFFI0IAL RECORDS OF INTEB MENT8 OF THE UNION t R180NER8 AT FLORBNO?, g, O. W. THOMAS, May Brov. Lloat.-Col. end Chief Q. M. ra- THE LADIES OF TRINITY METHODIST! EPISCOPAL OHDBOH tutead holding a FAIR, la ald?t Its funds,at Hibernian Hall on WEDNESDAY EVENING. May 28. The olio wing geutlemen, members ol' ha congregation, are requested to act as a Committee >t Arrangements: GEORGE W. WILLIAM8, LEONARD CHAP?N, WILEY T. BURGE, L. GAMBRF.L, W. J. MIDDLETON, It. M. BUTLER, W. H. SMITH, H. 0. STOLL, EDWIN PLATT. N JA8. COPES, 0. A ORAEflER, ti. A. NELSON. DR. H. B-ER. DR. J. R. MOOD. E. COMSTOCK BETTS, W. H. JEFFERS, J. S. ?IYF.R May 16 WM. WALTON SMITH, F. G. D-FONTAINE, M. W- 0R088, DR. T. 8, HEMMINGWA? li. W. WARREN, WM. M. SAGE, C?pt. T. J. LOCKWOOD, L. T. POTTER, W. B. MOORE. G. CHAMBERLAIN, j. 8. MARTIN, W. II. MORRIS. WM. W. PEMBERTON, L&WR8H0S 8TEIN, G. HENRY WHtELER, W. MASTERMAN. ?ir STATE OF SOUTH CAROLIN A. 0HARLE8TON DISTRIOT.-BY QEOROE BUIST. Esq., Ordinary.-Whereas, JOHN SHERIDAN, ot Charleston, Farmer, mado ou?t to uno to ayant hlm Lettors of Administration 0/ tho Estato and Effects of CATHARINE BRADY, late of Cbarloston, Widow : These are, thoroforo, to cite and admonish alf and singular tho kindred and creditors of tho said. CATU-IUM- BOAS., doooaaod, that they bo and appear beforo me. In the Court of Ordinary to bo hold at Charleston, on the 13th day of June, 186-, aftor publi cation heroof, at 11 o'clock In Hit forenoon, to show canso, if any they have, why the said Administration should not be granted. Given under my hand, this 29th day of May, Anna Domini 1666. GEORGE BUIST, May 30 w2 Judge of Probate?. tar CHEAPEST STORE IN NEWT YORK Tdfr BUY OHINA. GLASS, STONEWARE, OUTLEBY, sir,VERPi?ATEDWAr.ii, ko. Always on hand, that popular, new and beautlful White -tone Parisian Din. ner, Tea and Toilet Sota, handsome as China, arm* color and shapos, and balf the price. Call and ?oe U you don't purohaao. Goods seat all ovar the world? IIADLEY'B. OOOPUB ?OS-TTT?TB, April U atntbSmo Middio of tho Block,