The Charleston daily news. (Charleston, S.C.) 1865-1873, June 21, 1866, Page 2, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

The Daily IN"ews. TUUR8DAY MORNING, JUNE 21, 18CG. HI 101 lill DI NT CHURCH IN COURT, JIUGUMENT FOIl THK DEFENDANT, HY COLONEI, O, U. KIMONTON. May it please the Court:-1 cannot deny that I approach the prosent discussion of thiB t*-iso with tho greatest reluctuuco. The qu. stions luvolv?*d present poluta ol -law ot auch Intricacy, ro'juire the investigation ot prin ciples of HIU.1I impurtauco ami carry with them inter ests of BUCH magnitude, that Hi- y dointiuil a court of ample jurisdiction in -?.hich full opportunity wou'd bo afforded tor close invcstlKStlou, elaborate arguaient, and caroful ?Ixui8l<>n Tbo ruaitora now lu controver sy have buen tlubat?-?l by tbo llrsl minds of the nation, mid have In-tin ?lidded lu our highest courts. Much courts still exist, which, ??o lar from offerlui? any Impe diment, aff ?rd au opportunity lor a fair and Impartial ?xanimottuu of tula caso. In Bitch on examination tho rights of every party In interest could bo adjudicated, aud a final decisioi. could bo obtained. Tho questions involved >.re puro questions of law, upon facts admitted or clear.y proved. Nothing of tuo iiraotioo or machin ery pocu i?r to this Court Is nc-eded to secure Justice. Tho Courts of UIIH >tate. and or tho United Htnfs, oro open to th? plalutlffa, and can afford ample relief. In ?leod, tho issue IB not hetwet-u perajus of color and whites, growing out or tho peculiar relations between thom, but botween two great Boctions of a great hior archy, oither of ?vbich could go luto nny of tho courts of the country, assured of a calm, lair, and impartial decisio i ol' thoir rights. Tho claim s t up by tbo petitioners is a claim for property. It ia a demand for tho possession based on the tillo; on assertion that thoy oro dev?seos under the will of test ?tor ; as such entitled to hold as against the administrator with tho will aunoxed, ano ompowerod to demand and to obtain au account. I respectfully sou mit, theroloro, that tho oat-o is not a proper ODO for this Court, ana that it ia not within the scope of it? powers. Havlug been ordered, h-iwovor. to try tho case her??, I roBpcctfully auk your attentiou, while I touch as briefly as I oan upon the points which present themselves, fool ing con Udeiit that you will oxtuud to tho argument the same pat ion co which you gave to tho long aud tedious examination oi tho wltuosscs. .John M Kee, ?citizen or Charleston, nnd a prominent Bomber ot the Mothodlat Epi -copal Church in that city, departed this life in 11-31, leaving in loree his last will, Jn which he duvtatH very nearly all of his OB tat? to his aon. David Ulliaou McK.ee, "und tho lawful heirs of his body begot in matrimony, if whito, ftmivor." If his Son, "as uforosatd. hath no surviving heirs, issuo bogot .a aforesaid, then t" hla brother, Abel McKco. and his heirs or Utuo " Shoul 1 his non ond brothor "dlo with out hclra as aforesaid." ho mves two lots of land to the Methodist Episcopal Churob, nour Charleston, for cer tain specific objects, and tho remainder for the promo tion of tho Gospel of Christ or M.IBB?OUB, to bo mtinigcd by two or their number, to bo sdected by tho Board of Trustees of toa Methodist Episcopal Church in Charles ton, at the dato of tho will, oud for many yeara after word, thoro waa but one Uo?rd of Trustcos of the M. E. Church In Charleston, and all too churches of that do nomination wore connected with th? M. E Church or TI1?..0?111"11 Stm?8- In I?**- ?hie M. E Church or tho ?mied ?-tatos wa? divided Into two great sections upon the lsMie or Blayory. The Beetloo in tho elavoholdiiig States was shied thoM. K. Church 8outh-thot in the non-slavdioldiiiR t>utea retained the nomo of tbo M. E. .E?_\.\ A? ",e cburchos in Charleston of courso lot lowetl too M. li. Church South, and there wore no efli/? ?,f ^?^mK- Cburcb- 80-<*?ed, untU ono was forT. ?U,d rw. 1?M: np0n the entTn?e o' the Union' forcoa^lnto Charleston. In 1810. a congregation waa ?_S_L_S? ? Q?arter'y Conference, who Sppo.nted ti? ?iV. ?? "SS. .Bt?" ??.th0 M- K Church, in connection with the Church, North. Abel McKee is dead without lssno, dying in 1850. Uavid Gibson MoKeedled wit?-i ?out issue in 1861 or 'd4 Abel McKee had qualified on lw?Wili ?f!J,0hn, MoKoon" ??. ?ecutor. and ou ht? 2??? _5S def?3ndant, who had boon named as executor -nf tho witl of Abe, M K?o, also qualified M adm?n?.tra .Th^ ?_? Mn* wlth tho wl11 ?nnox?d, of John McKoe. Srtvot' hi??I.^,m/r_m nlna **. d6uv?r> oi thO BBS his anm^f.? 8tftor' J.ohn M?Ko?. and an account of ffi^SS-?-g-^?. $**? that, OB Trastees of the I must be 1"u0hcl^' to?y tak0 ?*?a>r the wl!!, ^"f-1"1 roo,e_:oerCu lulu tuC grondant is a Trua. -or bouda for tho proper administration and dis tribution of the estate-that ho la Hablo to claims of other partios who aro not parties to this suit-that he has actual notice of such claim?, and that ho 1B entitled to tho protection ?if the court. Now I aubmlt that too petitioners aro not entitled to the claim tbey set up. r 1st. Bocauso the attempt by John McKco to diaposo of hlB estate after the death o? his son David, ia void as the limitation is too remote. 2d. Boo-uaetoo title 1B really in tho old Board or rrustoea which waa in existence during too ?te ot John McKee, at the Derlnil nf lila death, and irom that period to the present time. " ? . 3d. Because if this ? Id Board is excluded and nono .other thau persons such 88 too potlttoners. Trust ?es of too M. E. Church can toko, tho d?vlso lapsed, inasmuch neat .he death ?if David McKee there were no such Trnstoos or tho M. E. Church in Charleston in existence. 4th. Boornee tbe administrator, with the will annexed, is legally in p >88ossion of the o-itate, and is in advanco ?DI It and should not be required to deliver possession .until he is fully reimbursed t >r all such advaucoB, aud the debts or the estate oro paid. .. J wiU Proceed to diacuaa thoso pointa in thoir order. _?w A?,8 t0 lhe Vll*lulty or the limitation over. Johu iicKee first gives his esta e, constating now altogether or land, to hie Bon, "and the lawful boira of his body, begot in matrimony, if white, forever." He thus creates in his sou an catate in fee simple conditional at com xnou law. It ia decided in South Carolina that when a testator gives hi? oBtato to any ono toreo simple con aitlonal, he exhausta his power of disposition ovor the ?i?tata, and cannot maso any further directions concern ing it, biBod on a faliuro of heirs or the first toker. I will not dwdl on this "oint, hut give the authorities. in Mazyck or. Vanderhorst, Bailey Eq 48, there WSB a devine of real estate to testator's daughter and "te tuo heirs of her body forever," but if she should deport Oils Ule, leaving no lawful heir or heirs of her body then over, it was held that the limitation over WOB too remote and void. The court say, "a devise to one and Cb? heira of hie body cauaos in this State a tee cori Ultlonal. and such catato cannot Biipport a rematador ?or can a limitation over, upon tho determination of iiuu ostate ba supported, OB an executory devise, being too remote lhe question has been fully connldeiod, ana the decisioi, in this case recognized in several Jn BtaucrB, and he question matt now be regarded a* set tled. See Bedou til. Bedon, 2 Balley Lav Hop 231* Adama t>?. Ohaplin. 1 Hill, ch. 805; cdwardB *? BarkB ?ale, a Hill, ch 184; Deaa vi. Uorry, 2 Hill. ch. 244. If those casos be law. aud tboy unquestionably are, thon the . ffort whlob Johu McKee made to dispose of .bis es ato ou the contingency of the death or nia ?ou without heirs of the body most fail, and the limitation oyor, in euch an event, to tho Trustees of the M E. Church' In Charleston is too remote and void. Thev ?aiiuot Ulio tudor this will. ' .a ____?' l",lJUO?0. 'or t e sake of argument, thit the limitation ovor Is good, wo como to the Becond and the malu question In the case . When John MoKe? made his will in 18S1. by which ho ovideutly wished all his property tQ go to tho M E Church in Charleston, and to be manaucd by ita Trua? trees if his son and his bro her left no l.Bue, the Boird l!rl?!T.",,t?;tlll""cl1 ,n Charleston conBlatad of Wm. Bird. 8. J. Wagner, John ?. Mille-, Abel McKee, --id too others mentioned In the ans wer. Th?-sD men wero hi? porsonai associates; momberB With himself of this same Hoard, all of them known to him, an 1 all en .i'.?'.DO d?,,b?' bi" conOdonce. The7-wero also the aaaoctatea and friendaof his brothor and executor. Atiel ?oKeo upon whom the management of too fund was .WX'M? '_?1d?,would'Jve7 n-?---?Uy. be ful y acquainted g**???1? Y**1}0* **a Plans. Thoro can be no doubt, thorefora that it was his lntaHtlon that theso vory Indi li^itumi hU wl8hG8 ond d,reot bis uoonty, At that ?^,,-^7 ZfT ?nq??Uonably Trustees ol tho MB Church in Ohanes'OD, and if any body cortld ta ?o they n?l_?n.d,.d,d *-*?.. ???er t-overy wo?of tu? ?r?h Baa anythl. g occurred since the death or the testator ???___?w"_??.'_a,!^Ul"l2?n ?,r,<.Ut under Una will, ai 5S^_S_?*^*_i tl.o0 thS ??-y ?msteesof the M. K Church to Charleaton. which can deprive them of the ?Ui^^Uired7 l?.l*?T?aod ?battue Trustees! alnoo 1814, have coased to belong to too M. E. Church and have connected themBslv?*s with the M. E. Ohuroh ?South, aud toot In this way they have deprived thom ?dves of any rl?hu they otherwise m?y havo had. Now, I conten?, that too division of tho M Bl Ohuroh 4n 1844, and toe adaltlon of toe word "Uonto" to the name or the Southern Methodist Episcopal Ohuroh cannot oeprlVe True'ees of a Local Board of their rh-ht to local proporty, to boused for local purpoiea. And ?his ?jonolasion la drawn both from tho character of the ?ulvlBlon aud from toe express Btlputa'ions under which io.wf n_ad? .**?* wa* lhe separation effected,? lu 1844, in view of the agitation of the question of slavery and toe oonsequ-m 111 feeling generated lu the Church the General Conference of the M. B Church of the united Hiatos, representing all parts of the country almost unanimously adopted a plautof separation Into ,wo Geucfal Conferences, whloh plan was to be sub milted to tho southern Conferences tor theil* approval -they did, in fact, approve It and the aeparatlon took SI*0?!0" that P1?n' Thua the divlBlon was offeoted un .aor theaiiBpicoB of the ht-'hest Judlcatory or the hurch, ???1'?""'"1'1? or tD0 P*?? Pr*a?**d by it; with its full aanouon and approval. It was no s?cession-no aban aonmoat or an ostabJlshed ?odoty by schismatics- but f?ii?_I_ ?.of Bn U"H tolo two co-ordinate parts, with a ffi'rSSri????.'?-*' t*0 r,Kbts of each, each being within ffina???aS!01 ?VT?T"tod racceM0' It^d'th?^^?".11,0 p,M1 ot "P-MUoni bereit ia; read S-M v eih^'i'1?10 VwtUs?, "that all the property o( ^e^" ?h?CVn.,MoUn* b0UBe"- PWMnages. col av?A,ktadwo;inG?Dferfn?0 ?Qnd'' cemeteries and ol Sondan ha to?-?/ ,ni,??f>? ?be Southern organic Pi of * the" M.Voburchfeo tar^ SAU" ? "ZT thP fcTof force iu the promUes StaJSJ^ re8olntlon ___ nnderthl wUl wLt^o?erl, ?^0^' Within the limit, of the Southe ?KA? and", \ Ulis artlolo it is forever free from any claim of the Northorn Church, and Is declared the property of ?je . SouthonQ Church. Can anything be stronger? Intimation has bo - gtvon t at it will be contended that this Plan of Separation was unconstitutional. To this I make thone observations: Int. It hao been acquiesced in by the whole Church for moro than twonty years. Tho Southorn Church acted directly upon it and formed ita orgai izatlon. And tho Northorn Ohuroh have uovor mado claim to tho property or attempted to establish a Conference (but onoo and that a futile effort) in tho limits of tho South orn organization. Consider the immense value of the chu relies, parsonage n nu ii other proporty, all hold in tho nanio of Trustees of tho M. E. church In tbo ?oath bo loro 1844. That all ol this proporty possed into the bauds of tho Church South, and was takon out by thom. That not one effort can bo shown on the part of tbo Northorn Cimroli for over twonty yoars to niako claim to this proporty, although du lug all that time tho Htato and United StatoB Courts wero open to thom, and how can you exp?ala thlB course of conduct on any other ground than that tho Northern Church folt bound by ?ho stipulations of tho Plan ot Separation, which se cured all this proporty to tho Southorn Churoh ? It was not until tho demoralizing effects of war had boon lolt and tho love of plunder, which lives In the hearts of the camp followers, had boon nurtured-It was not until tho tempting object of a prostrato and conquered foo wau presented-It was not until tbo conflict of racos wau inaugurated, that any suoh claims was manufac tured. 2d. The wholo question bas boen judicially deter mined and the Plan of Separation sustained. I quote from the case of Gibson ?4. Armstrong, 9 B. Monroe's Kentucky Reports. That cane arose in tblswsy: Tbo Plan of Separation provldod that tho northorn boundary of the limits of the two divisions of the Obnroh should be dotormlnod by the votes of a majority of tho mom bera of each oongregatlon. At Maysvillo, Kentucky, was ona of these congregations, and a majority adhered to the Ohuroh South Tho churoh budding was held in the name of Trustees of tho Metholist Episcopal Ohuroh, and a question a'Oao as to tbo right of posses sion and use of it. The mlnori-y, who adhored to the Ohuroh North, contending that as tbe building was hold In the name of the Trustees of M. E. Church, the ma jority wbo bad Joined tho M. E. Church South had no farther right. Tro case was carriol to the Supremo Court of Kentucky, and It was solomnly decided, In an elaborate and able opinion, that tho General Conference bad full power and auibority to moko the Plan of Sepa ration, nnd to divido the Church. That tho "Southern Church st?nde not as a seceding -or schismatic body, breaking off violently or Illegally from tho original Church and carrying off ucb mom-iora and such rights only as it may succeed In abstracting from the other, but as a lawful ecclesia "cal body, erected by the outhorlty of tho wholo Church, with plenary jurisdiction over a designated portion of tho original assecIaU u, recognlzod by that Church as ita proper successor and representation within its limits."."That tho Southern Church, retaining tho namo faith, doe trluo and dlsclpUno, and assuming tho samo organiza Hon and namo aa the original Church, is not only a Methodist Episcopal Church, nt Is, in fact, to the South, the Methodist Episcopal Church, as truly as tho othor Church la so to tho North, and is not the loss so by the addition of the word '.-louth,' to dOBlgnato its locality." "That tho membera of a local society, on titled to tbo uso of local property under this or any o'.l.er rimilar dood boforo the division, do not lose tbeir right by adhering to tho Methodist Episcopal Ohurch South under tho resolutions 01 the General Conference of 1814," and the possession of tin property was given to the persons who went with tue Ohuroh Sou'h," 8. It was again most ably and elaborately argued by ominent counsel in tbo case of Uascozn vi. Lane, bo. fore Judgo Nelson, of tbo Supreme Court. We havo not the record of that caso, but it is in evidence that tho re unit was a reforonce of tho matter t > reforoes, and a division of the Book Concern, as provided in the Plan of Separation. This case waa settled in 1851, Bevon years after the adoption of this plan. 4. When tbo Boltlmoro Conference carno into con nection with tho Southern Churoh a few months ago, the Northern Church claimed that they bad forfeited the property held by thom. Why? Clearly because tbeir act waa not In accordance wita tho Plan of Separa tion. 6. It is not in violation of any restrictive article. The powers of the General Conference are supremo, except as restricted by the Six Restriotive Articles. These are as follows. [Read thom] : The Plan of Separation does not run counter to tho 1, 3, 9, 4 or S. Does it to the 6th ? A. The Plan of Separation contemplated a di vision -? tBU Ohuroh, a setting off to oach section ita own territorial pr_ oor?y. *lnd B division of the Book Concern and tho Chartered Fu??, Tbe 6th Restrictivo Article relates only to the last, the Book Concern and Chartered Knnd. The property in question in this case is not connected with these. The Plan of Separation may by possibUitv be void as to C?e Book Cos?'em, ko., but this surely would notafiect the valldltv of the other parts of the Plan of Separation-the surrender of all other property and the consequent surrender of that now in question. B. The 6th* Restrictivo Article does not forbid a dl vtdonof these sp?cial fundB. It forbid? their applica tion to other than certain speclflo purposes. Now the Southern Ohuroh haa tho earne dla ipllno with the same Restrictive Articles. Of course its ahare of the Book Concern, Ac, would be bound by the same restrictions, and wonld be held to the same usea as these funds were held In the united Oburcbos. They could not therefore, be applied to purposes not authorized by the 8th Article, 'and it wonld not be Infringed. ' O. Aa I havo shown before the matter has been ju dicially decided, bas been acted on for over twenty year? ; baa, until very recently, governed the action of both seotloL s, and it is now too late to reopen the discussion. It la submitted that, at any rate, this conrt should not do so. Thus we Bee that by the Plan of Separation the Church now called the M. E. Church solemnly surrendered to that suction of It now called tho M. E. Ohurch South ali the Ohurch property lying within the limits of Its organization, and this properly Involved in this case, given by a will which went Into effect lu 1x31, and under which tbe right vented, if it reals at all belore 1814, passes under and is controlled hy this plan. Much testimony has been Introduced to eliow that the colored people did not favor the division In 1844. To th.B I answer: 1st. The 1st Article ot tho Plan of Separation provldea that the question of the division shall be determined by the m ?Jor 1 ty, in case of ChurchPB lying ou tho border, .'but not to interior changes, which shall, lu all cases, be left to the oare of that Ohuroh within whose territory they are situated." 3d. No expression was given to their dlasatlifactlon at th?- time of the division, and none unUl 1865. On the contrary, they expressed in their deUveranoes un bounded love and affection for their "fathers and brathren" of the Southern Church. It is now too late to raise an opposition for the sake of proporty plunder. 3d. It is in evidence that the colored membership in Charleston, in 1864, was large, by over C'lOO. Mr. Lewis has succeeded lu getting some 1800 of these. Tho rest go very naturally and properly to the African M. li -burch, so that not even a majority of the colored poople favor tho "old Ohurch." We come now to tho third position : 3rd. Because if this old Board is excluded from taking under tho wiU, and none others thin persons anchas the petitioners wbo are Trustees of the M. E. Ohuroh can tiko, tho doviso lapsed. Inasmuch as at the death of David McEoe there were no snoh Trustees of the M. B. Church in Charleston. ,? . Tho petitioners claim that the old Board although at one time Trastoca of the M. E. Church, and, therefore, competent to take, yet when' they ad tiered to tho M. E. Church South they lost tbolr rights uuder the will, and tu at nono can take under this will hut auch as are Tras tees of the M. E. Church as now existing. There were no Trastees of the M. E. Ohurch as it existed at the North In Charleston from 1844 to 1866. If none but Trustees of that Church can take under that will, In or der to do so they mutt havo been in existence in Charleston at the death of David MoEoo. lhere must be no interval between the death of the first taker and the existence in being of the persons who aro to take at hie death. This is tho Inovitablo law of remainders. In 4th Kent Common., p. 348, it is laid down that "the In terest to be limited as a remainder, either vested or con tingent, mast commence] or pass oat of the grantor in tho aame instrument, and at tho timo of the creation of the particular estate, and not afterward. It must vost io the grantoe oithor in este (or In Doing) or by right of entry, during the continnanco of the particular estate or at tbe very Instant it determines. If an eatate be given . o A for life, remainder to the eldest son of B, and A die before B hits a son, th? remainder is gono, because the first estatd was determined boforo tho appointment of tho remainder." ! Apply this to thecano In hand, If do position of tho petitioners be correot, then John McEoe gavo the eatate to his son for life, and If be di? d without heirs, to the Trustees of tho Church In Charleston. Un der this rule It WSii necessary that such Trustees should take at the InBtapt of the death of David MoR'co, or olse the remainder la void. Bat David McEoe died lu 1863 or 1864, and the petitioners were not Trastees until 1866. Nor were therein Charleston any other Trustees of their Ohurch. Their Interest, if any they had. is gono for ever. This Is unquestionably the law. ..There must be no interval or meantime," as Lord Coko oxprossea it, betwoen tho particular estate and the remainder sup poi tod by it. If tho particular catato ter?ni?ato before the remainder can vest, ihe remainder la gone forever." 4 Rent, 218. In Festing vs. Allen, 13 Mecs k Wilsby (English Exchequer Reports), 370, It was ad judged that if thero be a tenant for life uuder a doviso with a contingent remainder In feo for auch of her c1 uki ron s should attain the age of twenty-one. and no obild attained that agoathor death, tim estate, aa -veil as tho limitation over, were divested at hor death, and the estate went to her hetr-at law. This waa only tbo recognition of a w_ establish? d prlaolpii. We como to the fourth end last ground- -rho prayer of tho petition ahonld not be granted: 4. "Because the administrator, with the wUl annexed, is legally in possession of the e-tate, and la lu advance of the e?tate, and should not be required to deliver posses sion to any one until bei? reimbursed tor all such ad vances and the debts of the estate for which ho Is Hablo be paid. 1. Tho defendant administrator, with the will annexed, is legally in possession of the estate. In tho caso of I Jenes ?t. Wightman, 2 Hill, Law, 610, It is said: "On the construction given to the Statute6, Coo. 3, Oh. 7 (P. L. 360), of force In this State, lands and personal chat tels aro equally liable for tho pay mont c f debts, and are aasota in tho hands of the personal representativos; and it the lands have not been partitioned, and are not in tbo exclusivo pnssosslon of tho hoirs, thoy aro liable to execution on a judgment against tbe executor or admin istrator, on tbo ground that ho has, or ought to havo, tbo 1 gal possession. 3. It is abundantly proved by tho ovidcnco that tbo estate ia indebted to tbo administrator In tbo sum of -dollars; that he li as Incurred obligations to a much larger oxtent. Theso obligaUous woro Incurred and advances wore mado on tho faith of the estate, and ho must bo reimbursed. I havo thus attempted to touch on tho promlnont points of this caso, aud as far as I am ablo bavo advo cated tho grounds upon which the defence rolles, 'i lio subji'ot lum heon by no moans oxhanstcd; bat I will no longer trcspssB ou tho time and patlenco of bo Court. I addressed myself without passion to tho fair discussion of tho legal aspect of tho COBO, aud havo rcsistod every temptation to Indulge in rhetoric, or to go into person alities. The action lins boon brought nominally for persons of color, but tho wholo trial demonstrated has boon luepeoted, managed, and controlled by white men, ?couts of ii. E. Church at tho North. This lorclng tho jurisdiction of this court oan havo been lnduood sololy from tho mprosHlou that In this tribunal wo would bo exposod to pr?judice. I daro bono that this expectation will bo found g-oundloss, and that wo will re?oive at your hands an uuolassod and impartial decision. ~ BPEOIAL NOTIOB8. mr ARTIFICIAL EYES.-ARTIFICIAL HU MAN EYE- mado to order and inserted by Drs. F. BAUCH and P. GOUGELMANN (formerly omployed by RoisfiON NE AU, of Parla), No. 699 Broadway. New York. April 14_lyr mr COLGATE'S HONEY SOAP_THIS CELE BRATED Toilet Soap, In such universal demand, ? mado from the choicest materials, la mild and . moll lent In its nature, f? _grantly ?rented, and extremely beneficial in its action upon the skin. For sale by all Druggists and Fanoy Gooda Dealers. February 7 lyr AST MARRIAGE AND CELIBACY, an Essay of Warning and Instruction for Young Men. Also, DisoasoB and Abusos wbloh prostrate tho vital powers, with sure means of relief. Sent free of charge In sealed lotter envelopos. Address, Dr. J. ?KILLIN HOUGHTON, Howard Association, Philadelphia, Pa. April 17 _j_3mo. ---SPECIAL NOTIOE.-"QREATOAK8 FROM llltloaconiB prow." The worst diseases known to the oman race spring from cansos so small as to almost ofy detection. The volumes of solontlflo lore that fill the tables and shelves of tho medical fraternity only go to prove and elaborate those facts. Then gnard yourselves while yon may. The smallest pimple on the skin la a teU-talo and indicator of disease; It may fade and die away from tho eurfaco of the body, but It wlU reach the vitals, perhaps, at last, and'death be the result aud final close. MAOOEEL'S BILIOUS DYSPEPTIC, aud DIARRHEA PILLS euro where al] other? fall. Whilo for Burns, Scalds, Chilblains, Oat?, and all abrasions of the skin, MAGGIFL*- Salve is in fallible. Sold by J.' MAGOIEL. No. 48 Fulton-Btreot, Now York, and all Druggists, at 38 oenta per box. September 3S lyr ?W BATCHELORS HAIR DYEI-THE ORIGINAL and beat In the world I The only true and perfoot HAIR DYE. Harmless, ReUable and Instantaneous. Produces immediately a splendid Blaok or natural Brown, with out Injin-log the hair or skin. Remedies the HI effects o had dyes. Bold by aU Druggist a The genuine Is algn ed WILLIAM A. BATCHELOR. Also, REGEN BEATING EXTRACT OF MILLEFLEUES, FOT restoring and Beautifying the Hair. CHARLES BATCHELOR, Now York. August 17_lyr l'ai , ii .. : ,?? mrtBE SALE OF THE PLANTATION BIT TERS _ without precedent In the history of the world. Thoro ia no secret in the matter, xnoy are at ouco tho moat speedy, strengthening health-restorer ever dis covered. It require? but a single trial to understand this. Their purity eau always be reliad apon. They are oonTp-sea of tho celebrated CaUsaya Bark, Caaoarilla Bark, Dandelion, Obamomlle Flowers, Lavender Flowers, Wintorgreen, Anise, Oloverbuds, Orange-poel, Snake-root, Caraway, Coriander, Burdock, S.~T.-1860-X. &o. They are especially rocommonded to clergymen, pub Uc speakers, and persons of literary habits and seden tary life, wbo require free digo*ition, a relish for food, and olear mental faculties. Delicate females and weak persons are certain to find in thcso Bitters what thoy havo so long looked for. Thoy purify, strengthen and Invigorate. They create a healthy appetite. They aro an antidote to change of water and diet. They over?eme effects of dissipation and late hoars. They strengthen the system and enliven the mind. They prevent miasmatic and intermittent favors. They purify the breath and acidity of the stomaoh. They oure Dyspepsia and Constipation. They cure Diarrhea, Cholera and Cholera Morbos. __ey cure Liver Complaint and Nervous Headache. They are the boat Bitters in the world. They make the weak man strong, and are exhausted nature'a great restorer. Tho following startling and emphatic atatemonts can bo seen at our office. Letter of Rov. E. F. OB Aire, Chaplain of the 107th New York Regiment: Nx_ ACQUIA C__c, March 4th, 1803. 0 wing to the great exposure and terrible deoomposl Uon after tho battle of Antletain, I waa utterly prostrat ed and very dick. My stomach would not retain medi cine. An artlclo called Plantation Bitters, prepared by Dr. D-AK-, of New York, waa prescribed to give me strength and an appetite. To my great surprise they gave me imjmediate rollet Two bottles almost allowed me to join my regiment. . . . . I bavo Blnco seen them used in many oases, and am free to say, for hos pital or private purposes I know of nothing Uko them. . ??> Rev. E. F. CRANE, Chaplain. Letter from the Rev. N. E. GILDS, St. CloIrsvHlo, Pa. G_M_-_K?< ;- You were kind enough, on a former oo ?asion, to send me a half dorzen botUes of Plantation Bitters for $3 60, My wife having derived so much benefit from tho nae of these Bitters, I desire her to continue them, and you wUI please send us six bottles more for the money enolosed. I am, very truly, yours, N. E. OILDS, Pastor Ger. Ref. Church, Bo-Dirns' Bouts, BUT__i-T_-r>_H_'B Orno-, \ OiHcujfHA?, OHIO, Jan. 16th, 1809. j '.>* * ? . * - . * . 1 have given your Plantation Bitters to hundreds of our noble Boldlers who slop here, more or less disabled from varieus causes, and tbo effect ia marvelloaa and gratifying. Buch a preparation as this is I heartily wish in evory family, in every hospital, and at hand on every battie field. O. W. D. ANDREWS, Superintendent. Dr. W. A. Oni-DB, Burgeon of tho Tenth Verment Re giment, writes:-"I wish every soldier had a bottle of Plantation Bitters. They are tho meet effective, per fect, and harmless tonto I ever used." Wn_-_iD's Horan, 1 WAfcuiNOTO-, D. 0., May lid, 1809. J a_x__j_M:-We require another ?apply of your Plantation Bitters, the popularity of which dally "> oroases with tho guest? of our house. Respectfully, ' BYEJEfl, OnADWIOH A 00. .."*_, A?. ', ko. k4. Act. Be sore that every bottle bears the fac-simUo of our Signatare on a steal plate label, with oar pr?valo stamp over Ute oork. P. H. DRAKE & CO, No. ?M BROADWAY, N. Y. Bold by _Urespectable Druggists, Physicians, Grooers, 8<___s, and country HoU-do alors. , April 19 _r_tnlyr MILLS HOUSE. LADIES' ENTRANCE, PRIVATE PARLOR No. 3. (SECOND FLOOR.) LATE OF BERLIN, PRUfcSIA, IMPORTANT NEW INVENTION. AUSTRALIAN CRYSTAL SINGLE AND DOUBLE V18ION SPECTACLES. THE ONLY PERFECT LENS IN EXI8TENCE. Superior to any other in use-constructed In accordance with the science aud philosophy of nature In tho pecu liar form of a COSCAVO?CONVEX ELLIPSIS. Admirably adapted to tho Organ of Sight, and perfectly natural to tho oto, affording altogether the beat artificial help to the human vision ever invented. Sold only ,by the Professor of Opt!?? and Specntclo Manufacturer. THE ADVANTAGES Of these Spectacles over all others, aro : 1st.-TIic only true Lena- knnwn, lxinr? perfectly freo from chromatic light BO --'.oil Itnown to bo the causo of injury t3 tho vision, and which makes the, chango from Spectacles to Glasses of strougor powurs BO often required, while, both near and dtataut objects .ire seen with equal facility through tho'samo Olassos. Md.-Can lu; worn -wit li p?*rfcct ease foi any length of timo at ono Hitting, giving astonishing clcarnotB of vision, particularly by candi? or other arti.' flclol light-comfort to tho spectacle wearer hitherto un known. ' 3d.-When the eyes aclio or pain throngh the action of a bright light, such as is reflected from snow. Bunny weather, whlto paper, and in reading, writing or sowing, or vivid colored bodies, these lenses, by softening the raye, effect a most agreeable sensation i and give great relief. 4 tl?.-In nil? nervous affections of tlie eye causing dull and startling pain s in the oyc-ball or tem ple, appearance of luminous and dark spots in the at mosphere, aohlng or feeling Uko sand In tho eye, the disturbed nerves are quieted and soothed. Ittli.-Ground by peculiar macUinery, got up at great cost, mathematically calculated expressly for tbo manulacture of this lons, so as to produce it with tho true epher cal accuracy, and its focus is at the exact centre, a point of vital importance, and which no other lena possesses. Oth.-Proof of superiority over tlic old klud of Spectacles. Thoy are used exclusively at all the hospitals for diseases of the oye, lu Berlin, Prussia, and elsewhere. TESTIMONY OF RECOMMENDATIONS From Medical gentlemen, Professors of tho highest Opthalmlc talent in Charleston. 8. C, and In the Union OHABLE8TON, S. C, May 38th, 1866. I have examined a great variety of Glasses manufac tured by Profoi-sor M. BBUMUARDT, and lu justice to the Professor muBt say, that bis Olassea are of a superior quality, adapted to meet tbo wanta of almost every eye, where the vision l8 in auy way imperfect The Proles, sor selected for me a pair of bia Australian Crystal O lasses which are of a very superior quality and work manship, rendering vision vory distinct, almost aa per fect aa in youth. 1 yield this testimony in favor ol U)e Professor's Glasses most cheerfully. E. GEDDINGS, M. li. I cheerfully concur lu the opinion above expressed ol the value of Profeaior BRBNHAAOTS' Olassea, and their adaptability to alldofoctH of vtaion, and also to his skill and judgment in adapting tho gland to each special im perfection. II. W. ln:?AU8_UBB, M. D. CHARLESTON, S. (.'.. May 28th, I860. I do most willingly bear my testimony in favor of the superiority ol tho Australian Crystal-ningle and dou ble vision spcrtaclt-s ov?r all other k'inis Thoy are constructed upon tbo boat established and understood principles of optics, and their adaptation to the human eye in its different conditions of vision is so perfect, aa to render sight i-uny without effort. In my opinion, none others should bo used sinco the eyes once used to those do not seem to grow old, and by havlug a focus at any point of tho surface, thoy appear to rest o'er the eyee to their youthful energy. T. L. OOIEB, M. D. OHABLESIOK. 8. C, May 28th, 1866. I havo examined Professor BFBNHABDTB' very com plete assortment of Spectacles and Lenses. They are better adapted than any I have before se? n to remody the imperfection of vision that can be benefittod by the use of Olasaes. The pureneas and dearnesa of the Crys tal used, ta an item worthy of special attention, aa I can testify from uersonal experience. I recommend Profes sor BKHNH-BOT with oonfldenoo and great cheerfulnoso, to the patronage of the puolic. J?VMES P. JEBVET, M. D. OHABLESXON, 8. C, May 28th, 1866. I have examined a gr.-at variety of Olaaaea manufac tured by Professor M. BBRNBABDT, and consider them superior in quality and adapted to meet the wanta of almost every eye, in which there is a defect of vision, I cheerfully recommend Professer BKIINUAUUX'S Glasea to tho ae requiring assistance. W. H. HUOEB, M. D. OBABLEBTON, 8. O. May 28th, 1866. I have exam lu o i an ejtensive assortment of. (liasses In tho possession ot Pv tot-sor linuNiiAiuvr, and'consider them of BUperlor .. lity. They axe adapted to every age and suitable to tho various defects of vision, in whloh glasses aro indicated. I take great pleasure in recommending them to tho attention of those in need of auch articles. B. A. KINLOCH, M. D. CHARLESTON, 8. 0., May 28th, 1866. We have examined the Lenses of Prof, BRBNHAUDT, and consider them superior to any we have Been, They are admirably adapted not only to improve the imper fections of Impaired sight, but to relievo tho weariness of vision which constant study produces. Many of the Olaaaea are of new and ingenloua oontrivat co. We cor dially recommend the Professor to all those who require scientific optical asilstance. ELIAS IIORLBEOK, M. D. WILLIAM 0. HOBLBEOK, M. D. WM. T. WBAQO, M. D. F. PEYBE PORCHER, M. D. F. M. BOBERTSON, M. D. i OHAS. HANOKEL, late Rector of St Paul's Ohuroh, Radcliff? borough, Charleston. THOMAS SMYTH, D.D., Pastor of 2d Presbyterian Church. J. S. HANOKEL, Professor. W. B. HOWE, Rector 81. Philip's. 0. P. OADSDEN, Rector St. Luke's. Tontlmonlals similar to the above may be seen at Prof. B_RNIIABDT'B office, from JOSEPH H. PLUNKETT, Paator of St. Paul'?, Porta mouth, Vs. Hon. JONATHAN WOBTH, Governor of North Carolina. Hon. A. O. CURTIN. Governor of Pennsylvania. . Hon. O. P. MORTON, Governor of Indiana. Hon. B. A. SWIFT, Governor of Minnesota, Hon. ALEX. RAMSEY, Ex-Governor of Minnesota. Hon. RICHARD YATES, Governor of Illinois. H. SEYMOUR, Governor of Now York. B, B. FE S I ON, Go vorn or of New York. And other dlatlnguished gentlemen. Many years of public practice and st .niy In the hospi tals In Europe, adjusting spectacles to patienta under eve?y aspect of defective vision, as well as experience In an extensivo, long-established business In hla optical stores, both here and in Europe, Prof. IIEUNIIAHDT con siders it a sufndentgUsrantao of his ability to apply such glasses aa are best calculated for the assistance or re covery of lmperfcot sight. < .,,,'.. Offloe Hours from O A. M. to 8 P. Bl. HILLS HOUSE, LADIES' ENTRANCE, Second Floor, Privat? Parlor T.o. 3. I N. B.-Owing to engagements elsewhere, Prof. Banu UAUI>T will be able to remain here but a abort time only. | Moy H Jmv / THE Leading Journal or T_E_E____1 SOTTT____ THE PUBLISHERS OF THE CHARLESTON DULY NEWS Beg respectfully to return their thanke to tho public for its liberal support to thuir Journal, and promieo that in tho future, au in the past, it shall bo their aim to make THE MOST DESIRABLE PAPER in the country. It haB now THE LARGEST -RCllLATIO of any Newspaper issued in tho State, and is THE LARGEST IN SIZE of any Paper published in the State-issued in folio form of eight pageB, and the size of the New York Herald. It ia univoreally conceded that THE CHARLESTON DAILY NEWS IS THE MOST ENTERPRISING, I _Sr _D 33 _? _E_ IST ID E IST T, AND THE BEST COMMERCIAL NEWSPAPER published in the South. It is A SOUTHERN PAPER, WITH SOUTHERN PRINCIPLES. A TRI-WEEKLY. Many of our frionda haye epolion and written to as concerning the pablioatioa of a Tri-Weekly. We have thought of doing this for some time, bot owing to the general disarrangement of postal af fairs, we have conckided not to do so until the commencement of next season. On the first of Soptomborwe will commence to publish a country edition of Tax Naws, and t shall be our aim to make tho paper the best eyer - issued in this State. We intend introducing en tiroly new features in this onUrprLs?; it willmot be a summary of the daily, but will be complote and original in itnolf, and we are certain that its patrons will be as well pleased with it as are our presentJpatronB pleased with tho daily. TERMS OF _>____._" = One year.$10.00 Six months. 6.00 Three months. 3.60 fln Advance.) CATHCART, KULLA- & MCRTOH PROPBl_TOBS, No. l8 HAYNE-STREET OQ \ ??LE-TON, S. C.