The Charleston daily news. (Charleston, S.C.) 1865-1873, May 30, 1866, Image 1
cf bf Cuja ri rsl on pi? JJ p?os.
VOLUME II_.No. 315.1 . CHARLESTON, S. C" WEDNESDAY MORNING-, MAY 30, 1866. PRICE FIVE CENTS.
The Daily News,
LAB ft EST CLRCULATIOH EN THE STATE.
LARGEST CIRCULATION 15 THE CUT.
sar 'JL*H w LIST OF LEITERS re
mainixLc izx tile Postoffioe at the end
ol each week is published officially
In THU! DA IT I Y NEWS every JBVi
day rnonxirx?.
BY TELEGRAPH.
DEATH OF GENERAL SCOTT.
s '.'5 k tk
WEST FOIST,' May 39.-Lieut. Genera! SCOTT?
flied at eieren o'clock five minutes thia morning.
[SECOND DISPATCH.)
"WEST POINT, N. T., May 29-General SCOTT wa a
out on Saturday afternoon, and showed then no
signs of early demise. On Sunday he began
failing fast, though the physicians did not antici?
pate death immediately. He waa entirely con?
scious until the moment of death, although he |
fest his voice two hours previous. He recognize!
the chaplain of the post ten minutes bofore death,
and clasped his hand in silence.
The President's Order ea abe Desva?a or Gen.
Scott.
EXECUTIVE MANSION, i
WASHINGTON. May 29,1866. j
The President, with profound sorrow, announces
to the people of the United States the death of
u WINFIELD SCOTT, late Lieutenant-General of the
^Axmy.
On the day which maybe appointed for his fune?
ral, the several Executive Departments of the
L Government will be closed. The heads of the War j
and Navy Departments will respectively give or?
ders for the payment of appropriate honors to the
memory of the deceased.
(Signed) ANDREW JOHNSON.
Addition?.! Foreign Hewe per Steamship
David.
NEW YOBS, May 29.-Notwithstanding negotia?
tions are going on, the armaments are still pro
grossing.
Tiie following are the marget's Authorized]
figures for cotton :
Fair Orleans.16 d.
Middling Orleans.I3*d.
Fair Mobile.'..V.\.....15 d.
Middling Mobile.....13 d.
Fair Uplands.sj.U?d.
Middling Uplands.12?d.
The market closed dull and unchanged. Steck j
estimated at 970,000 bales Uplands, of which 416,- J
OOO are Americas.
j o Later from Kar ope
F^xara POINT, May 29.-Liverpool dates of the
reach?TE?re^* ~~
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.
BREAD STUFFS very dull, but firm.
PROVISIONS dull.
CONSOLE 87| to87|. Fire-twenties 60 to 61; Erie
45 to 46; Illinois Central 77.
The Bullion in the Bank of England has de?
creased thirty-two thousand pounds. The reserve
notes has decreased four million two hundred and
fifty-three thousand pounds.
The ship Argean, from New Orleans, waa great?
ly damaged by fire.
The Bank has not used the extraordinary powers
granted by the Government, and confidence is be-'
lng restored.
Rumors continue of heavy suspensions at Liv?
erpool.
Continental affairs are unchanged.
The steamship Denmark put back to Queens?
town with machinery broken.
NEW YOBK, May 29.-Tho steamship Persia has
arrived. Sales of Cotton on Saturday five thou?
sand bales. Middling Uplands 12jd. I
Con?ois 87 to 87L U. 8.5-20's 65 to C6. j
The European Bank of London has failed, and
there are rumors of other suspensions. Hostili?
ties almost oommencod. . I c
LATEE FOREIGN NEWS. j J
More failures reported-among them tho Euro?
pean Bank of London, with liabilities of one mil-1 j
Son sterling. | j
New York Newe..
NEW TORE, 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 between the Fenian leaders
continues. President ROBBBTS has had an inter?
view with STEPHENS, the latter requesting him to
discontinue the movement against Canada.
ROBERTS replied that he was determined to persist,
as he believed in fighting. STEPHENS then asked
him to desist for thirty days,-which was declined.
The leaders are now openly opposing each other.
Prom Washington.
WASHINGTON, May 29.-The United States Con?
sul at Liverpool has officially advised the State
Department that the steamer City of Dublin
would carry back to New York fifteen thousand
bushels of wheat of American exportation.
The President has appointed War. FAXON Ohief
Clerk of the Navy Department, Assistant Secre
f tary of the Navy, vice Capt. Fox resigned. The
latter has been nominated as additional Secretary
1 ol tho Navy, for six months, under the law just
F. C. CoMinNGSwoRTH made an extraordinary
Jxun of 2256 pointslin a game of billiards to-day.
I Don FREDERICO BABBEDA presented his creden?
tials to the Prosident as Envoy from Pern. The
usual diplomatic courtesies wore exchanged.
APPOINTMENT OF ASSESSORS.
ALEX. H. HALL, of Mississippi; CHARLES J. HAS
.<JALL, Charleston, S. C.; HORACE BROUGHTON MAB
' SHALL, Texas; Lucius J. BCRNET, Little Rock,
Ark.; Wai. H. H. WATSON, Atlanta, Ga.; RICE ABD
*g. WALKINB, 3d District, Russellvale, Ala.; ED
?WABD LABBOIX, 2d District, Ala.-havo beeu ap
i pointed Assessors of Internal Revenue.
? F. J. B. C. SMITH, of La.,.has been appointed
Consul at Athens.
?
Congressional.
^WASHINGTON, May 29.-In the United States
l??ate the Colorado Veto Bill was passed over.
*The reconstruction resolutions were considered.
& JOHNSON moved to strike out the third sec
tion, which disfranchises - Confederates until 1870.
I The section was stricken ont by a unanimous
I vote-43 yeas; nays, none.
Several amendments were offered embodying j
the views agreed opon in Republican caucus. They j
exclude from Federal and State offices those who,
I naring been members of Congress, Legislative or j
' Judicial officers, took part in the insurrection, or j
j gave taid and comfort thereto. Congress may,
however, remove such disability by a vote of two
thirds.
In the Honse, the bill to continue in force and j
amend the Freedmen's Bureau Bill passed : yeas |
96, nays 32.
Meeting of the National Union Association, I
WASHINGTON, May 29.-The Executivo Commit--)
fee of the National Unioa1 Association met at Bal?
timore this morning. MONTGOKEBY BLAXB, the |
Postmaster, and other prominent persons, were |
present.
Resolutions excluding reporters were passed,
and the proceedings were oonduoted io private.
The Tax BUI.
WASHINGTON, May 29.-The tax bill which passed I
the House contains a provision for an export duty |
on cotton of five cents each pound.
Toe War Department will refund the amount j
collected by order of General DANA as a military |
tax of two dollars per hundred on cotton at Mem?
phis, Tenn. Restitution will be made to the par?
ties or their legal heirs or representatives.'
Naturalised French Citizens.
WASHINGTON, May 29.-The Department of State I
has received dispatches from the United States |
Minister at Taris, which mentions that French?
men who have been naturalized ia the United
States, and who may be in France, are liable to
conscription, but if they will report to the depart?
ment in which their naves are enrolled, and pro?
duce their papers of naturalization, their names,
will probably be erased.when requested.
The Washington National Bank Failure.
WASHINGTON, May 29.-The President of the,
Merchants' National Bank has made an offer lo I
United States Treasurer to compromise with Gov?
ernment and all other depositors, by paying forty
per cont, of the amount deposited. This propo?
sition will be submitted to the authority having
the right to aooept.it on the part of the Govern?
ment.
The Fenians at Cleveland.
OLIVELAND (OHIO), May 29.-Three or four hun?
dred Fenians, partially armed, carrying colors',
officers with side-arms, passed here last night and
to-day going East.
They were orderly, and claimed to be en route j
for California.
The Cincinnati Crwn.-i -rcial reporta the move- ?
ment of Fenians bound for Canada, and large j
The Brie Railroad.
Nsw TOBE, May 29.-The reports of over-issue
of Brio Railroad Stock are believed to rest on a
slender f oundation. A meeting of the directors
will be held to-morrow to consider proposals for a
new loan to enable the company to meet its lia?
bilities. It is stated that the director, who pre?
viously made a loan to tho company, and who
bolds 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.-The steamer Oak, from
Hawkinsville for Savannah, was burnt last night
lear Wilmington Island, with fi\i hundred and
;wenty-fivo bales of cotton, and nine lives lost.
Sew York market.
NEW YOBK, May 29.-Cotton quiet at 40c.@42o.
Sold 37}. Exchange quiet ; sixty days 91. .Texas
iVool 20o.@25c.
THE LATEST.
NEW YOBK, May 29.-WBIGHT, in his Cotton Cir
:ular, reports cotton quiet.' Sales of the day 1500
jales, at 40 to 42c. Receipts for the week at all
he ports, 15,000 bales; exports, 9000 bales; stock
n all the ports, 372,000 bales.
FLOUR dall; common low. Sales 7000 barrels.
Itate $7 25 to $9 80; Ohio $9 40 to $14; Western
.7 25 to $9 60; Southern unchanged and drooping.
WHEAT has a declining tendency, and 2 to 3c.
ower. Sales 47,000 bushels. Milwaukee Club
2 05 to $2 20; white $2 90. .
COBN has declined 2c. Sales 120,000 bushels at
8c.
BEEF steady. Pork heavy at $30 70. Lard firm
it 19 to 22Jc. Whiskey firm at 26 to 27c. Sugar
iteady.
GOLD 37L
Mobile Market.
MOBILE, May 29.-Sales to-day two hundred and
fly bales. Middling, 35 to 36. Market heavy,
nd very irregular. Beoeipts, 965.
New Orleans Market, etc.
NEW OBLEANS, May 29.-Cotton feeble, with
ales of seventeen hundred bales at 36 to 37. Gold
ll. Bank Sterling 53.
In the Supremo Court, DURANT and HUNT,
lwaya Union mon, argued the validity of Con
?derato notes as an issue of belligerents. Judge
'AMTBELL, Confederate Secretary of War, and
IEARS, Confed?rate Judge, arguod against them,
.'ho city full of jokes and laughter.
We copy from a Massachusetts paper the fol
owing report of a recent mooting of the Boston
loard of Trado : "A meotiug of the Boston Board
f Trado was called last week to consider what
dion should bc taken properly to notice, aud do
lonor to Mr. GEORGE PEABODY, who is now on a
isit to thia country. Wo are informed that tho
'resident stated the object of tho meeting and
waited its action. No ono suggested anything;
,t length a Mr. BOND moved an adjournment, and
, Mr. ATKINSON, in supporting the motion, de
lounced Mr. PEABOBY, in no measurod terms, as
ynipatbizrng with rebellion, and as receiving the
iewB of Federal victories in joyless silence. The
ioard evidently agreed with Mr. ATKINSON, and
.djourned without any other action."
A NEW ABTIFICIAL ABM.-London papers notice
in artificial arm of novel conetmolion. It is
lollow and light, yet very strong. The elbow and
mst movements are simply effected by cords
vorking entiroly from the shoulder-joint of the
oat arm or forearm. The artificial arm is attach?
ed only by a cross-strap passing behind the back
o the opposite shoulder, and not crossing the
iheBt. It enables the wearer to feed himself, to
loff his hat, to drive and to carry weights.
Literary.
? Mr. JOHN RUSSELL has sent us the April numbe:
of the Westminster Review. The following ia th
Table of Contents : L Railway Reform. 2. Thi
Royal Hospital of Bethlehem. 3. The Situation ii
Austria, ?. French Opinions of the English, .J
The United States Constitution and the secession
isU. 6. Pani Louis Courier. 7. Commons roun<
London. 8. H. Taine on Art and Italy. Contem
porary Literature.
- Article 3, The Situation iu Austria, is worthy o
attentive perusal at this time. It presents an er
haustivc survey of the internal politics of that em
pife, immediately prior to the present imbroglio,
.and assists the reader much to a good under
atiading~?rttTC~ present situation in Germany
According to the writer, the prospecte of thu
monarchy are anything bat flattering, and this il
most be remembered was predicted before thc
present pressure, from Prussia and Italy, wat
brought to bear upon her.
Article 4, French Opinions of the English, is one
of the most readable papers we have fallen in
with in a long tune. It is a gossipy review of H.
TAINE'S "Histoire dela Litt?rature Anglaise," and
Louis BLANC'S "Lettres sur VAngleterre." The
prejudices of these French writers (not the mis?
take) are here amusingly aet forth,-all in the
best of temper and genial style. We cannot for?
bear transferring to oar columns a quotation
from Loins BLANC, on the defects of the Constitu?
tion of the United States. M. Loms BLANC, all ocr
readers are doubtless aware, has been an ultra
Republican from his infancy, and is oue of the beat
living Fr ench>political writers. He saya : -
I "Why mince the matter? The Constitution of
the United States, whatever be its other merita,
is defective in thia respect, that in recognizing
the power of majorities it has omitted to subor?
dinate it to that aotion of permanent control
which is needful to every species of power, and to
that of majorities perhaps more than any other.
Many puople believe that the sovereignty of the
people is realized by the government of the great?
est number, whatever may be the mode in which
this government ia organized, or by which it per?
forms its functions. For my part I can not, I
confess, conceive a more dangerous error. Sov?
ereignty can not be a som m addition. What
really constitutes a nation, what makes ita gran?
deur, what croates ita power, ia what it comprises
of capacity, experience, reason, and enlighten?
ment The putting into motion these living forces
ia the interest of all; this ia its sovereignty; and
if universal suffrage merits oar acknowledgment
of ita excellence, it ia because, under certain given
conditions, it furnishes the best procesa that can
be employed for committing the management of
public affairs to the most efficient and worthiest
nanda. A democracy in whioh the force of num?
bera bas the effect of nullifying the force of intel?
ligence, instead of entrusting it with the direction
of affairs, is not ? democracy; it ia but a multi?
form despotism, blind and confused-a despotism
inevitably condemned to perish, a little eoonor or
a little later, by self-destruction."
Here ia a euro word of prophecy from an unex?
pected quarter. We commend the whole article
to our readers, assuring them that they will de?
rive abundance of both amusement and ins tr nc
tioiv^p
united States Constitution and the Seces?
sionists," is the subject of the 5th article. We
have read it, and are sorry we wasted so mach of
oar time. It, of course, purports to have been
written on the other side of the water; bat most
undoubtedly emanates from "down East," It ia
signed "J. W. P." We are not sufficiently au fait
in the New England catalogue of fifth-rate writers
to spot the owner of "J. W. P." The writer makes
a ft. ble attempt at viewing the question from a
foreign and philosophical stand-point; but in this
he fails most signally, showing himself a mere
common-place partizan-not a Radical, and here
is the only mystery of the matter. The man cer?
tainly ought to be one; his proclivities are dearly
in that direction. Bat who knows-he may be a
postmaster or an internal revenue tax assessor,
and have the fear of ANDY JOHNSON before his
eyes, with a general preference in favor of keep?
ing bis head on his shoulders, which, of course,
will account for minor inconsistencies. But, in?
dependent of its political leanings, we are sorry
to eco American literature or politics represented
by such namby-pamby, milk and water writers.
And it is no credit to the Weslmirister Review that
it should have published it.
We have not yet had time to read thc other ar?
ticles of the number. TAINE on Art and Italy
affers very tempting summer afternoon's lecture.
TAINE is a fine and sensible writer, and particu?
larly in his element as a cicerone through the art
treasures of Italy. Commons round London is a
icaeonable article, to be read this hot weather,
particularly by all our citizens who feel interested
n getting up parks for aa.
Tbe brief notices of new books, under the head
jf "Contemporary Literature," are one of the
most attractive features of thia Review. Among
nany others we here have a critique on DICKENS'
ilutual Friend. The critic is anything but com?
plimentary to the great humorist. DICKENS being
i great favorite with ns, we naturally took um?
brage at these strictures, but soon found that the
reviewer was right, and we were wrong. He oon
sedes great genius to him, but not the highest,
tie says :
"Wien wo compare Mr. Dickens to the world's
tan at buruurists-Aristophanes, Moliere, Swift,
jervantes and 8hakspoare-then we see how far
?hort he comes of tbe highest rank of genins.
Pecksniff weighs as chaff in the balance against
Tartuffe, and Pickwick is a mere monster beeide
;hc Don of Spain. The moro we study Falstaff,
Sulliver and Sanoho Panza, the more we porceivo
he art of the artist and thinkor, but tho closer we
ook at Mr. Dickens' characters, tho moro wo
letect tho trickery of an artificer. The more wo
ina ly se Mr. Dickens, the moro we perceive that
lia humor runs into riotous extravagance, while
lis pathos degenerates into sentimentality. His
?harncters, in fact, are a bundle of deformities.
Se has made tho fatal mistake against which
Seethe warned tho artist. Everything with him
is not supra naturam, but extra naturam. His
vhole art ia founded upou false principles. Wheu !
vo put down a work of his, wo uro tempted to
isle, Quid hine abest nisi res et veritas ?"
The critic thon goes on to illustrate these points (
rom DICKENS' latest work, "Our Mutual Friend ;"
mt we have not space to follow him further.
There aro many moro interesting reviews here
>flate works, giving us a relish of tho good things
n store for us. To our taste this appendix of the
Westminster is the most desirable part of it, and
his ie the only Quarterly that has incorporated
his important feature.
The Mobile Register has the following : "A little
jirl, who was passing the residence of one of our
jitizens yesterday, was bitten on the cheek by a
ricious dog, which jumped out of the gate upon !
?or. The owner of the dog was arrested, and the ;
jase was brought before the Mayor's Court thia '
norning. His Honor decided that the owner muet 1
dil the dog, or he would fine him, and the case ?
yas left open until the sentence ia carried oat."
Important Decree in the Court of Probate.
We publish b?low a decree from the Jndge of
the Court of Probates of this District, sustaining
the validity of codicils to a will, where the original
bas been lost. The decree ia one of vast import?
ance, and ti? first oase of the kind which has
ever oeentred wr>hin tho jurisdiction of this
.Court: ? j
T5E STAT! OF SOUTH CAROLINA, O HARLESTON
DISTRICT.
\ Hf CODEX OnDINAHT.|
In matter Probate 1st and 2d codicil to original
last will and testament of Dr. Joshua B. Whit
ridge, deceased, said original will being lost or
destroyed during decedent's life, or since bis
decease..and contents unknown, and incapable
of proof dtiij nde.
Decree eustaitin? validity of 1st and 2d codicil
under epeccsJ ar?^nstances, proof of due exe?
cution and /.-indent's testamentary capacity
when codicDa *J-?.^'signed.
Osma Balley. * ^jminated executor of decedent,
filod a petition ii.Vtiis Court, propounding a first
and second codi .-ii to a previous instrument of
writing which had been executed by decedent,
purporting to ba a last will and testament which
ne alleged had been lost or destroyed, previous or
subs?quent to decedent's death, by accident or
some oasuahty in the plundering or destruction
of some documents belonging to one of the
moneyed institutions of this city, where it had
been depoeitedrfor safe keeping, in charge of one
of the officers of said bank; that the time of loss
or destruction could not be ascertained, nor the
circumstanset explained, except presumptively;
nor could the contents thereof be established by
legal and comp?tent testimony. It was further
alleged that said codicil distinctly referred to said
lost will, and revoked many of its provisions,
and also contained several additional, dis?
tinct, and. substantial bequests, which could
take effect a lld be executed independently
of the will, and on which a special decree
of probate may'be had; and, moreover, that de?
cedent, at sod before his decease, was ignorant of
the loss of said document, having every reason to
believe it wai eafe and intact, in the vault of said
bank, where it had been deposited for many year?,
and consequently he had no intention to revoke
either wfli or codicil, but, on the contrary, said
codicil being found in existence at his decease, the
legal presumption and intention mutt be they
should take effect as far as practicable, if not ex?
pressly incompatible with adjudicated law.
The testimony in support of the statements set
forth in the petition substantially proves that the
decedent, ?nany years since, did make and execute
an original bat will, which he deposited for safe?
keeping with an officer in one of the banks of this
city; that subsequently, on the 24th day of June,
1866, he made and executed the first codicil to his
said will, which he retained in possession, and on
a memorandum paper annexed thereto, and in de?
cedent's handwriting, he declares his said original
will was then, and had been for many years, in
charge of tbs officer of said bank. Subsequently,
on the 25th day of February, 1862. he made and
executed a second codicil, recognizing the exist
once of the original will and its continuance in the
same place, and the preceding codicil referred to.
After this period the condition of the country com?
pelled the decedent to abandon Wadmalaw Island,
where he resided, and be went to Greenville, 8.0.,
where he resided until the period of his decease,
on the 12th day of April, 1866.
It was further proved that, subsequent to 1862,
the assets, books and documents of the institu?
tion, where said will was on deposit in 1862, had
been removed from tho city to some inland town
in the ?3ieti?-;*that%om6 papers and documents,
which had leen a lonajtime in said bank, had
brm lott lfpth^yaraltf ?ftbs b?nk Ju tbo oltv, and
no schedule made bf them, and fliest? wei e plun?
dered and destroyed during the war, or "soon after
the surrender of the city to tho Federal troops.
It was also proved that some books and other
documents or said bank, which had been removed
to Columbia, were also destroyed on the capture
and destruction of said city by Gen. Sherman's
anny, in February, 1865, abbat two months pre?
ceding decedent's decease. It does not appear
that decedent ever withdrew the original will de?
posited for safekeeping with the officer of said
bank, and the probability is the same continued
there nntiVhis decease, or its loss or destruction,
when sundry documents of said bank were plun?
dered and destroyed in Charleston or Columbia;
and decedent having died so soon after, and about,
the termination of the late war, could have no
knowledge, or obtain information, whether said
original will was in existence, or had been lost or
destroyed at tho period of bis decease; and this is
confirmed, from the existenoe 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 caso, on perusal of the codicils, it will
appear they rovoke several of the provisions and
bequests in the original will, and contain many
additional, distinct and substantial bequests,
each capable of taking effect, from any estate
{rhich decedent may have possessed or be entitled
oat his decease; and in addition thereto, said
codicils expressly nominates and appoints peti?
tioner one of his executors.
Thc law applicable to the allegations in tbe pe?
tition, so for as they have been 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
cases whore the codicils have appeared so inde?
pendent of and unconnected with the will that,
under certain circumstances, the codicil has been
established, though the will has been held invalid,
lost or destroyed. It is a question altogether of
intention. Tho legal presumption, nndsr circum?
stances, may be repelled by showing the decedent
intended the codicil to operate, notwithstanding
the loss or revocation of the will. The question
will depend mainly apon the contents of the
several documents. If the dispositions in the codi?
ons are so complicated with and dependent upon
those of the wm as to be inoapable of a separate
and independent existence, the destruction or loss
of the wul necessarily revokes the codicils, and
the general presumption is rather in favor of the
intention to involve a codicil in th? loss or revo?
cation of a will where a contrary intention oannot
be collected either from the codicil itself or from
extrinsio evidence.
But if the codicils are capable, from the nature
of their contents, of subsisting independently of
the will, the validity will not be affected by the
destruction of the will.
Oases have been adjudicated in tho Ecclesiastic
ind Common Law Courts similar to and sustain?
ing the validity of codicil under facts and circum?
stances similar to the present.
Where a testator made a will, the contents of
which were unknown, tho same not being found
it his death, tho codicil was adjudged unrevoked,
lhere being nothing to show au intention to re?
voke it, and its being of such a nature as to bo
japable of taking effect, independently of the will,
?specially if diligent search and enquiry after the
?viii in those places where it would moat probably
30 found to exist, has been made aa in the present
jase. Fcc lat, T-.rman on Willia, pagea 164 ami
223; 2d, Addac.j Ecclesiastical Hep., papjes 116 and
?20; itu, Haggard's Bsp., page 36*J; lat, Curtis
Rep. Taggart rs. Squires, page 28!).
The evidence in this case establishes decedent
lid make a will, which he deposited for safe keep?
ing with*an officer of one of the City Banks and
:ontinued in the same place to the period of 1862,
ivhen he executed a second codicil-retaining both
codicils in bis possession and control, and as tho
will does not appear to have been withdrawn from
its original place of deposit by him or any ono for
bim, he muBt have been under the impression of its
sxistence and safety until the period of his decease,
and from the condition of the country, and until
it was ascertained that sundry documents of the
Bank had been plundered or destroyed, could it
be presumed or conjectured that said will may or
waB destroyed. Any knowledge on part of de
:edent of its fate, previous to his decease, must
have been unknown to him, and only since his de?
sease have the facts been ascertained of the
probable casualties and accidents which have re?
sulted in loss or destruction of said original will.
The contents of these two codicils show they are
aot entirely dependent on the will, and there is
nothing to show said codicils to oe contingent
upon the existence of the will, bat the reverse.
Having sufficiently set forth the facts and cir
cums tanc?e of the case, and the adjudicated Eccle?
siastical Law relating thereto, I am of opinion,
whether said original wiii of decedent was de 1
stroyed by accident or some other cauauaUy, pre
riou8 to or since his death, the said two codicils
were intended by the deceased to have operation
and legal effect, and I pror. unce for them ac?
cordingly. It is therefore adjudged*nd decreed
that said two codicils or instruments of writing
are of legal validity and foi ie and to be and con?
tain, as far as appears from the evidence, the last
will and testament of said decedent, Josbua B.
Whitridge.
Given undor my hand and the Seal of the Court,
the nineteenth day of May, Anno Domini 1866.
GEORGE BUIST,
Judge of Probates.
WILLIAM WHALEY, Esq.,
Proctor for Executor.
jL.e.}
[TOOK CUB own cuanxsroax-Kirr.]
Nsw YOBK, May 26-Le roi eft mort-vir ele roi.
The King is dead-hats off to his successor. The
Academy of Music recently destroyed in the great
Fourteenth street dre, is the dead king-the
Academy of Musk which is immediately to arise
pheonix-like from the ashes of the old one, is the
live king.
The Herald of yesterday, inwardly rejoioing in an j
ill concealed chuckle at the supposed downfall of its |
old enemy, MARETZEX, prophecies that the Acade?
my will never be rebuilt, and suggests that livery
stables should supply the place where once stood
this magnificent temple of music The folio .ving
card, published the same day, but not in the Her?
ald, shbweth that BENNETT is for once behind?
hand even in news matters. The card reads thus:
ACADEMY OT MUSIC-ITALIAN OPERA.
" This establishment does not advertise in the
New York Herald."
"This establishment has been burned to the
ground; but, as I have no intention to solioit pity
or charity, nor am I capable of using such a hor?
rible catastrophe (which deprived several persons
of their Uves, and hundreds of the means :t sup?
porting their families) as a favorable opportunity
for advertising my business, I will abstain from
enumerating my present losses and heralding (the
italics are Maretzek's) my future movements.
However, in order ta allay any apprehensions on
the part of artists, ohorusses, orchestral players,
and other employees, I deem it consistent to de?
clare that all engagements made for next-the
fall and winter seasons-remain' in full force, and
that operations will commence early in October
next.
"The public's faithful servant.
"MAX MABETZEK."
Bo the public's faithful servant is not dead yet,
and will Uve to battle bravely against the New
York Herald and its favori to^tho public's other
faithful servant-GBAC. Between the two ser?
vants, the pubUo may expect some fine music 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 doUars
have been expended on the Metropolitan Hotel
alone. The large space in the buUding for so long
a, period occupied by Nicki's Garden has been
transformed into one bf the haSusomest billiard
rooms in the world. There is also a new bar
room and a new dining ball, both princely in their
magnificence. Great improvements have also
been made in the Astor 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 be the grandest hotel in this country. The
building will cover tho entire block bounded by
Fifty-ninth and Sixtieth streets, and by Fifth and
Madison Avenues. The hotel w?l be five stories
in height, besides tho basement, with a seventh
story of chambers in tho French (MANSARD) roof.
As these chambers w?l bp very high, the board
therein will, no doubt, be proportionately low.
There wiUbe in thia palatial building no less than
one hundred and sevonty-four private parlors,
each one having a suite of chambers attached, and
all the conveniences that can be conceived. Mr.
CRANSTON proposes to got up a joint stock com?
pany, and the building will bc commenced as soon
as possible. From this grand hotel there w?l be
a magnificent viow of tho Central Park. Verily,
this ia a great city.
The ridiculous and mischcivous plan that has
been proposed by some of tho members of the
Common (very common) Council, looking to tho
widening of Fifth Avenue, by cutting away such
of the stoops as project out a Uttle farther than
the letter of the law allows-the stupid propo?
sition conceived by the brains of stupid men, and
calculated to disfigure one of the handsomest
promenades in the world-has caused some excite?
ment, and brought about a meeting between the
poor Common Council and some of the uncommon?
ly rich Fifth Avenue merchant princes, in which
the latter pr ?teated in strong terms, and through
able counsel, against the measure. It is to be
hoped that the foolish project will be abandoned.
Last Thursday night another aisastrouB con?
flagration occurred here, which resulted in the
destruction of the Hudson River Railroad freight
depot, in which at the time were thirty loaded
cars, all of which were consumed. The entire loss
is estimated at about one hundred and fifty J
thousand dollars.
The Fortress Monroe correspondent of the
Herald, in a lotter published in yesterday's issue
of said paper, compares JEITERSON DAVIS to NA?
POLEON, and then makes a kind of an apology for
having doue so; and .adds, that NAPOLEON would
never havo been captured iu the disguise ol' a
woman's petticoats. Thia is a very old joke, and
an exceedingly stale Ho by implication. The Her?
ald correspondent, the Herald itself, and every
ono else, know that there is uot a particle of truth
in the petty petticoat fabrication.
From a special correspondent of tho florid (from
Columbia), who represents and signs himself "One
of SHERMAN'S Bummers," we learn positively that
SHERMAN had nothing at all to do with tho burn?
ing and sacking of Columbia. Of course, if "Bum?
mer" says so, it must be so indeed. This may do j
to toll the Worii, but the world (and tho World \
too) knows better.
The concert given on Wednesday night, at Irv?
ing Hall, for the benefit of tho Catholic orphans
of Charleston, was a great success. The following
artistes took part, and all did admirably : Miss
MATILDA E. TOEDT, Senorita POCH, Miss HENNE,
and Messrs. MOLLENHAUER, POZNANSKI, MAGOO
UNI and PECHES. The Beethoven Maennerchor
also assisted.
At the Academy of Music-ashes and heaps of |
ruins; -t Niblo's, CHARLES DILLION, tho tragedian,
in "Belphegor;" at Wallah's, "Never Too Late
to Mend;" BARNEY WILLIAMS and wife at Winter
Garden; Mrs. JOHN WOOD at the Olympic, Ac, Ac
ADAH ISAACS MENKEN, who is playing the
"French Spy" and "Black Eyed Susan" at the
Broadway, does not advertise in the World. This,
no doubt, has been brought about by an article
?that appeared in the World relative to her Ma- .
zeppa, said article telling the "unsarmented"
truth about Mrs. MENKEN'S costume.
Yesterday afternoon Dr. ANDREWS mad?'a trial
trip in his flying ship, the Hereon. The experiment i
was entirely successful; the serial vessel ascended; ;
in beautiful style, and remained in mid air for
twenty-five minutes, sailing a greater portion'of
the time against the wind. Truly this is not only .
a great city but a great world. MOULTRIE. ;
CHIVALRY IN MEMPHIS.-They bave a happy
Mayor of Memphis. He was drunk during the
whole of the recent riots in the oity of which he
is the chief civil officer, bnt was, we believe, able
to lead a mob. He took offence at some observa? .
tion made by the Argus, and addressed the editor
a letter as follows: .
"To the Editors of the Argus:
"For your uncouth and ungentlemanly remarks '
in regard to myself in this morning's issue. I hold. 7
you personally responsible. Select your mend to ;
arrange this difficulty. ?
"Most respectfully,
"JOHN PARK. ;
"May 17,1866."
The Mayor delivered this in the counting-room
of the Argus in person. Mr. Brower, editor of
the Argus, addressed a communication to "His '.
Honor, John Park, 'Mayor and Commander-in
Chief of the Army and Navy of Memphis:'"
The editor's letter declined to engage in a fight,
or rather farce; and the noble Mayor indorsed on
the letter, which he indignantly returned, thia
smashing complimentary : /
"Whenever you choose to act the coward, keep '
all communications within your office as above.
"May 19,1866. JOHN PARK." ,l
The editor was then so unkind as to print the
correspondence, and to say ; ,'
"Whenever we 'choose to' act as aforesaid, wa .
will cheerfully adopt His Honor's suggestion. .
Meanwhile the Argus will 'choose to' demonstrate
tho necessity of a chango in t. ; .> municipal admin- ,
is trat ion of Memphis." n
MARRIED,
On the 23d of May, by the Kev. 3. KSSOTB G REES, at
St. Mark's Chapel, Hr. N. A MONTGOMERY, of Coram- ?
bia, 8. C., to Miss T. M. HERIOT, of Charleston, B. 0. j
SPECIAL NOTICES.
?3- CONSIGNEE'S NOTICE.-MEBGH ANTS*.
LINE schooner D. B. WILLIAMS, LETTS Master, will _
discharge cargo, This Day, at Ad g er'a North Wharf. Alt j
goods not called for at sunset, will be stored et their i
risk and expense. WM. ROACH, j
' Corner Zest Bay and Adger's South Wharf.
May 30_1 . j
' JsT-MESSBS. EDITORS-PLEASE ANNOUNCE '
BHNJ. O. HB RT OT, Esq., as a Cen dide te for Aldermen
of Ward No. 4, to ail the vacancy caused by the resig?
nation of A. CAXXBON, Esq. MANY FELES DA
May M_ :
?-FOR ALDERMAN, WARD NO. 1.-PLEASE
announce Dr. W. T. WBAQG as a candidate for Alder?
man in Ward No. 1, in place of 3. R. MACBETH, re?
signed. _Meya?
SJeTFOB ALDERMAN, WARD NO. 4.-PLEASE
announce JOHN E.-.O'NEIL ee a rendWasw for Alder?
man for Ward No. i,\taj>laoe of A OAKXSOH, resigned.
May afr ? _|_
?sr STATE TAX OFFICE, FIRE PROOF
BUILDING.-Thia office ' lil open or the receipt
the STATE TAX, and will continue open until the6th
day of June, prox.1 nciuelve.
FLEETWOOD LANNEAU
May 31 Tar Collector St Phillp and gt MieheeL
ny NOTICE.-ALL JPEB80NS HAVING
claims against the estate of JOSEPH B. ADDISON, de*
ceased, are requested to render them In, legally attested y
and those indebted will make Immediate payment to
MARY L. ADDISON,
May 16 w3?_Executrix.
ta- EXECUTOR'S NOTICE.-ALL PERSONS
having demands against the estate of the late Mrs.
ELIZA B. WILKINS, will render them, properly attest?
ed; and thoso Indebted to said Estate will make pay?
ment to MARTIN L. WILKINS,
May 18_w3*_Execntor.
as- NOTICE TO OWNERS OF PROPERTY
LYING BETWWN BBOAD AND TEADD STREETS
AND WEisT OF LOSAN STHEET. i
MAYOR'S OFFICE, )
MAY 20, 1866. J
In accordance with resolution of the City Council,
adopted at a meeting held on tbe 24th instant, I hereby
invite tho ownors and representatives of property lying
between Broad and Tradd streots and west of Logan
street to meet the Committee on Streots from City
Council, on Wednesday, 30th instant, at 6 o'clock P. M.,
at this office.
May 28_3_P. C. GAILLARD, Mayor.
CHIEF Q DAR TER MASTER'S OFFICE, )
DEPARTMENT or SOUTH I ARO LIN A, I
CHABLB8TOK,3. , Mty 1 9 1866,
TWO HUNDRED AND FIFTY DOLLARS WILL BB
PAID by he undersignedto any person who will de?
liver to him the OFFICIAL RECORDS OF INTER?
MENTS OF THE UNIONS RISONBR8 AT FLORENCE.
S. O. W. THOMAS,
May_Brev. Lieut-Col, and Chief Q. M.
ta- THE LADIES OP TRINITY METHODIST
EPISCOPAL CHURCH intend holding a FAIR, in ald>t
its funds,at Hibernian Hall on WEDNESDAY EVENING,
May 23. The ollowing gentlemen, members of' na
congregation, are requested to act as a Committee)!
Arras gemon ts:
GEORGE W. WILLIAMS, WM. WALTON 8 M ITH,
LEONABD CHAPIN, F. G. DKFONTAINE,
WILEY T. BURGE, M. W. CBOSS,
L. GAM BREO. OB. T. S HEM MING WA?
W. J. MIDDLETON, B. W. WARREN,
B. M. BUTLER, WM. M. SAGE,
W. H. SMITH, Capt. T. J. LOCKWOOD,
H. 0. STOLL, L. T. POTTER,
EDWIN PLATT. W. B. MOOEE.
JAS. COPES, G. CHAMBERLAIN,
C. A GRAESER, J. 8. MARTIN,
A A. NELSON, W. R. MORRIS.
DR. H. DAER, WM. W. PEMBERTON,
DR. J. lt. MOOD, LAWBENOE STEIN,
E. COMSTOCK BETTS, IG. HENRY WHEELER,
W. H. JEFFERS, KW. MASTERMAN.
J. S. HYER.
MttV IC
AS-STATE OF SOUTH CAROLINA_
CHARLESTON DISTRICT.-BY GEORGE BUIST,
Esq., Ordinary.-Whereas, JOHN SHERIDAN, of
Charleston, Farmer, mado suit to me to grant
him Letters of Administration of the Estate and
Effects of CATHARINE BRADY, late of Charleston,
Widow : These are, therefore, to cite and admonish all
md singular the kindred and creditors of tho said
OATHABINE BEADY, deceased, that they be and appear
beforo me, in the Court of Ordinary to be held at
Charleston, on the 13th day of June, I860, after publi?
cation hereof, at ll o'clock ia the forenoon, to show
cause, if any they have, why the said Administration
should not be granted.
Given under my hand, this 29th day of May, Anno
Domini 1866. GEORGE BUIST,
May 30 w2 Judge of Probates.
ta- CHEAPEST 8T0BE IN NEW YORK TO
BUY CHINA, GLASS, STONEWARE, 0?TLEBY.
SILVER -PLATED WARE, Ac Always on hand, that
popular, new and beautiful White Stone Parisian Dln
aer, Tea and Toilet Sets, handsome as China, same
color and shapos, and half the price. Call and see li
you don't purchase. Goods sent aU over the world.
HADLEY'S, COOPER INSTITUTE.
April 14 atuthSmo Middle of the Block,