The Charleston daily news. (Charleston, S.C.) 1865-1873, May 20, 1867, Image 4
[From the Atlantic, for May.]
SORROW.
Upon, my lipa ano laid har touch divine,
And merry speech and careless laughter died ;
Sha fixed ber melancholy eyes on mino,
And would not be denied.
I saw the West wind Iooso its cloudlets white.
In flocks, careering through tho April sky;
I could not sing, though joy was at its height.
For she Blood silent by.
I watched tho lovely evening fade away
A mist was lightly drawn across the stars.
She broke my quiet dream-I heard ber say,
.'Behold your prison-bars 1
Earth's gladness shall not satisfy your soul
This beauty of the world in which you Uve ;
The crowning grace that sanctifies the wu ole,
That I alone can give."
I heard, and shrank away from her afraid;
But still she held me. and would still abide.
Tout h s bounding pulses slackened and obeyed,
With slowly ebbing tide.
"Look thou beyond the evening sky." she said,
"Beyond the changing splendors of the day ;
Accept the pain, the weariness, the dread.
Accept and bid mo stay 1"
I turned and clasped her close with sudden strength,
And slowly, sweetly. I became aware
WUhin my tr is God's angel stood, at length.
White-robed and calm and fair.
And now I look beyond the evening star,
Beyond the changing splendors of the day.
Knowing the pain He senda more precious tar,
More beautiful than they.
THE PROPOSE!) EXTENSION OP THE
CHARLOTTE RAILROAD.
The leading idea of the early State Legislatures
of South Carolina o 1 the subject of railways, was to
establish communications with the great West.
The present "South Carolina Railroad" is the re?
alization of this idea to the State line of Georgia.
It is equally apparent that the public mind looked
forward to the period when, from this parent stem,
: a net-work of railroads would spring up to all
points in this State as well, which would furnish
convenient transporta ti >n, and th"s draw to the
metropolis of South Carolina the commerce of half |
a dozen prosperous States, and build up our city
into tho leading exporting and importing seaport
of tiie South Atlanti; coast, and, through the
agency of such a commercial centre as Charleston,
wo would be in a position to furnish material aid to
all of our people, from the seaboard to the moun?
tains.
To accomplish these high aims, both the State
. Ol South Carolina, and tho City of Charleston have
lavishly contributed of their means. Money and
' endorsements to tho extent.of millions of do Daru
have boon freely furnished, not only to roads in
our own State, but to a number of other connect?
ing roadu beyond our borders, which, it was ex?
pected, would act as auxiliaries to the commerce
i of this- bity. Upon the successful accomplishment
of these ends doponds, not only tho prosperity of .j
' tho South Carolina Railroad Company, bat, dis?
guise it is we may, the commerce and the welfare of
both City and State are largely at stake; and it is
.<to preserve and protect these vital m ter esta that
? ?he South Carolina Railroad Company invokes tho
"- lafit of the Courts to restrain a palpable infringe?
ment of its charter, and to prevent the ? o al th of
the State from going towards building up distant
pointe.
The State of Georgia wields every influence at
her command in the inteiest of her seaports; and
our sister State of North Carolina has thought it to
he* interest to build her railroads with a different
guage, so that ever; pound of freight, other than
. to her own ports, must break hulk at her borders.
Who are the parties who ask for a free passage
aerees our State, and who actually, by adroit man?
agement, induced the Legislature of South Caroli?
na to promise to pay them for destroying our well
understood planB of internal improvements? These
very neighbors of ours, who legislate against us
with their narrow guage roads.
' 'Our commercial readers are aware that, for more
v that a year past, the great effort of the Charlotte
and Colombia Railroad has been to divert trade
- from ita usual channel to Charleston, and to cany
it to New York. Every bale of cotton transported
along that road to Charlotte, and thence to New
York, has been so much of the life-blood of com?
merce diverted from Charleston. Was it to effect
thia object, to build up New York at the expense of J
Charleston, to foster the railroads and seaports of
North Carolina tt the sacrifice of the interests of 1
ita own roads, that the State subscribed to the
fl*jsjg|ott9 and Columbia Railroad ? If we corree;
ly remember the circumstances, the appeal to the
State and to the city of Charleston for aid to the
. Charlotte and Columbia Railroad, was based upon
the assertions that the road would contribute to
the prosperity of Charleston; and the eloquent
gentleman from Charlotte, who addressed our citi?
zens on that ' Babject, not only asserted, but de?
ns* ?si rated that the receipts of cotton at the port
of Charleston would be nearly doubled by the con?
struction of this road. Their appeals were con?
vincing, and the State and city subscribed.. What
is the-xeault ? The road completed by their efforts
LH used to divert hud <> to.and through North Caro
hnap and lo destroy-the very interests, the protec?
tion and.'advan'cement of which were the objects of
its ooxatruotioc. It may he beyond our power to
remedy that evih Tho road is built and chartered,
and we psjinot? i'aipair its right or control its ope?
rations. But it now seeks to become a still more
potent enemy. It seeks, an ally in the Columbia
an? At^sta"'Railroad, whiph, built by its offris
and officered by its President, ie hardly so much
an independent road as a branch' ox continuation; I
of tba Charlotte and Columbia roadlrom Columbia;
to Augusta. No more tata! blow could be given to:
Charleston and tho State than by the construction,
of this road. No one acquainted with the ' re?
sources of the country through which it passes
wiD entertain for a moment the idea that any local
traffio or development of internal resources is an?
ticipated. ?6e-sole Object, fa io connect Augusta
with CfutrtoUi, Klfi?2. JL rC3 J.
Names are things, and had the road been en
tiUeAabroad from Charlotte tq Augusta, the true
scope of the measure1 would have been manifest
and Che bill would have been defeated. But those
who engineered the work: were too astute to ex?
press openly th? real- object: of tho bil?. ' The road
was first chartered aa tho Columbia and Hamburg
Road, fifteoD years ago, Subsequently its title
waa changed to the " Columbia and Augusta Rail?
road," and'it waa' authorized to cross the Savan
nah River 1 then by another and final amendment,
it yrta-authorized lo connect the Charlotte and
Columbia Railroad with the Georgia Railroad.
By successive steps it had now (1663) reached
to at position, which had been kept steadily in
view from the outset, and so adroitly had it been
managed that neither was suspicion excited nor
alarm'given.
Looking back upon the action of the State Leg?
islature, it is a matter of surprise and regret, that
the Charleston delegation had not perceived the
tendency of the bill, and the dangers which
threatened the most important interests of this
city from its passage. Had the attention of
the Legislature been called to it, we do not
behove that the bill ever could have passed,
but unfortunately il was overlooked, the bill
quietly passed, and the only possible mode in
which the danger can be averted, is by testing
the constitutionality of the act chartering it.
The proceedings which the South Carolina Rail?
road Company, has initiated are of course primarily
for its own benefit. It is not willing, nor could it
with any propriety permit its resources to be di?
minished, or its traffic diverted without testing
the rights of the proposed Columbia and Augusta
Bead. In defending, then, its own interests, it bat?
tles at the samo time for the well-known policy of
the State and city; and eveu in these almost hope?
less times, of prostration and depression of public
spirit, its officers are mindful of the expectations
of the great men who, under protracted difficulties
in the past, have worked out its career of usof ul
ness to both the State and tho city, and who will
not be deterred from at least an earnest effort to
realize those hopes in the no distant futuro, by
the mischievous schemes of those who, it may be,
have no South Carolina to live for-no aspirations
for the future of old Charleston.
But it is contended that the South Carolina
Railroad Company should have acted more prompt?
ly in contesting this right of the Charlotte Rail?
road extension. We must not forget that this
proposed railroad was chartered in 1853, and that
for nearly ten years it had slept so quietly as to
fail to excite in the breasts of its friends or its
enemies the slightest hopes or the faintest ap?
prehensions of its construction ; and when, in
.* was again revived, with faint prospects of
?>?tt as a military road, the utter hope
effort to import iron or material
. i ?e ved the movement of the
'"I respect or attention,
".nnng the war of
'""rs, but at
what
sub
;ctations
s of that
ignorance
?outh Caro- j t
ina ?taibrcad Company, aud .if there is reBi
jility anywhere for losses, to individ?ala or c
friso, for 8ubacriptions to illegal projects, let i
with those who ignored tho fact that a Kai
Charter ie a public act, which it ia expected
ill should know.
But we refrain from further comment; tho
acm now to be decided is one of that claaa v
emphatically belongs to the courts to adjudg
LS not a question of privilego but of right,
iiariug noticed somo remarks ot' the press, w
perhaps unintentionally did iujustico to the
Lives of the South Carolina Railroad Compan
bave beeu at Borne pains to have pr?par?e
leading points in the argument of our disting
ed townsman, Gcuoral JAMES CONNEB, whicl
append.
As Solicitor of tho South Carolina Railroad i
pany. he has brought to tho view of the cou:
a very ablo manner, the whole question at i
and wo commend it to tho careful perusal o
readers, satisfied that they will find, that in tl
in all other trusts committed to him, he has
charged his duty with marked ability.
The South Carolina Railroad Company et. Tho C
bia and Augusta Railroad Company. PORTER A
NEB for Complainants : ARTHUR, MELTON tt ME
for Defendents.
ABGUMENT OF GENERAL CONNEB.
The pleadings in the cause indicate the ii
submitted to the Court for decision.
The essential allegations in the bill of Corni
ants aro that tho action of the Defendants is
tractive, of the chartered rights of the Comp
ants, and that the charter of the Defendant
pairs the obligation of tho contract previc
made between the State and Complainants, ai
therefore void.
The rights of the Complainants aro dei
from and must depend upon the terms of their <
ter. What that charter is will hereafter be sh
The question now to be considered, is bow
charter is to he construed.
Ic is contended by the Defendants that tho
struction shall be most liberally for the gra
and most strictly against the grantee, and that
nues of construction applicable to monop
shall apply.
But this is not a monopoly. A monopoly U
fined to be " an exclusive right granted to a
of something which was before of common rig
It cannot be said that the right to construct 1
roads ever was of common right, or that the g;
of this privilege to the Complainants, divested
citizen bf a right previously enjoyed by him. I
if a monopoly, the question is not between
monopoly and the citizens, but between one
nopolyand another, for both these oorporat:
exist by virtue of the same power.
In cases of Royal Grants, where confessedly
construction was always most strict against
grantee, the intent prevailed, and the grant
not limited simply to what was specifically gr
ed, but included all that was necessary to the
j o vme nt of tue thing granted. [Whistler's c
10 Coke, 65 ; Sir John Mblin's case, 6 Coke ; 1
Church Wardens of St Saviour, 10 Coke, 67 ;
con's Abridgment, Prerogative F.; Sutton Ho
tal, 10 Coke, 24 b. ]
A distinction has also been drawn by emir
jurists, between Royal and Legislative gra
Rad a more liberal rule of construction applie
the latter.
But be the construction, strict or liberal, tho i
dina! principal of interpretation is the mten
tho Legislature. Tho charter is tho contract
tween the state and the corporation, and like
other contract " is to be coustrued to accomp
tho intention of the parties, and in determining
different provisions a liberal and fair construct
will given lo the words, either singly or in com
tion with tho subject matter." [Charles Ri
Bridge case, ll Peters, 120 ; Boulton vs. Bul
Hem v Blackstone, 499 ; Binghampton Bri
case, 3 Wallace, 73.]
The full strength of tho Defendant's case
hardly bo better expressed than in tho langut
of C. J. Taney, in tho Char les River Bridge ci
and as it is the loading case on this brunel
the law, and wdl probably bo much relied on
the Defendants, it may be well to ascertain ?x?i
what that caso was.
The Charles River Bridge Company, and tho "ft
ron Bridge Company, were rival corporations, c
owning a bridge connecting Boston and Char
town. The Charles River. Bridge as tho eic
endeavored to enjoin the Warron Bridge Ct
pany.
The charter of the Charles River Bridge o
fained no grant of exclusive privileges, [ll Pete
548, 549.] The o Hort was to imply exclusive pr.
loges, [ll Peters, 539,] and to imply them agai
the expressed intentiou of the Legislature,
Puters, 551.] It waa not a pago of coustructii
but an effort to import words int? the chart
The court divided. The case was twice argt
and finally decided by a majority of one, TB
there been words from which the intent to gre
exclusive privileges could have been inferred, ii
manifest that the court would have unanimou
granted the injunction.
We shall proceed to show what was grant)
and that every grant of power to the complainai
was accompanied with an express grant of exe!
sive privileges.
The original design of the Legislature as i
pressed in the act of 1827, incorporating the Cai
and Railroad Company, was for " the cons true ti
of a Railroad or a Canal, or a Railroad and Cai
from the city of Charleston on the most practical
routes to each of the towns of Columbia, Camd
and Hamburg." This waa modified by tho act
1828. which directed the construetion pf a Railro
to Hamburg, with " brauches thereof to Colin
bia and Camden." Tho act of 1828 did not pi
hibit independent and direct roads from Chark
ton to Columbia and Camden, On the contrat
it authorized them, but the preference evident
was for a main stem and branches, and after gi
mg to the corporation the right to construct am
main jstem and branches, the act provides th
"the right to make,' keep up and employ; su<
Railroads shall be vested 'm the company, here
and hereby incorporated exclusively."
By virture of this act, the connection of Cobar,
bia and Hamburg by Railroad, was authorize
Not any implied authority, but a positive, expre
authorization. The read to Hamburg was first
be oompleted, and then a " branch thereof
Columbia. The "branch" necessarily connect*
Columbia and Hamburg. It was physically ii
Eossible to construct the " branch" contemplait
y the act, without connecting Columbia and Has
burg, and all the railroads authorized by the ac
were by the terms of it exclusive in the "compan;
To show this still more clearly, lot us refer to tl
act of 1833, entitled "an act concerning the Soul
Carolina Canal and Railroad Company," the preen
ble. of which j recites that 1 ' wheres.a for the. publ
benefit the South Carolina Canal and Rai Iros
Company have constructed under their charter,
Railroad from Charleston to Hamburg, and ma
construct branches thereof." Bo it enacted icc
that all lands unappropriated within one mile c
the centre of the main tract of tho said road an
its branches, be vested in the said Company.
' This act gives no powers or authority, but
recognizes the right of the Company to construe
branches, and donates land for that porposi
.To ascertain what branches it refers to,' we mut
turn to the charter, and the only branches th er
mentioned are branches to Columbia and Camden
and over every foot of track authorized by tha
act. the exolnsive privilege extends.
To argue otherwise, is to place the Legislatur?
in the position of granting to the Company the ei
elusive right to make, keep np and employ sud
Railroads, and yet at the same time reserving t
itself the right to grant the same privileges ti
another, . ? .
No point is indicated at which the branch is ti
diverge from the main stem * that is left to tb?
Company. It might have branched at Aikoi
or a few miles from Hamburg. Suppose this h ai
been done and the branch continued thence ix
Columbia and on to Camden ; would not such root
have been clearly within the powyr given by tin
act, and would not the right to make, keep up
and employ such roads have been vested exclu*
sively in the Company ? The charter is too clea]
and explicit in its terms to justify a doubt. -
Now, suppose this to have been done, and the
road built, and Columbia and Hamburg thus con?
nected, and the year after ita completion the Leg?
islature had charted a Railroad from Columbia to
Hamburg, just such a road as the Columbia and
Augusta Company now contemplate, would not tho
latter charter havo been set asido as violating tho
prior, as impairing tho obligation of the contract
mado between tho State and the Canal and Railroad
Company ? So long os the Dartmouth College
case stands as law, tho answer must be in tho
affirmative ; and why and how would such a char?
ter impair thc obligation of the previous contract ?
Localise thc road constructed under it would con?
nect places already connected by a railroad, tho
exclusive right to make, keep up, and employ,
which waa vested in the Canal and Railroad Com?
pany.
It would be something moro than a violation of
the letter of tho law. It would bu a breach of
good faith, that after the Canal and Railroad Com?
pany had under tho grant of exclusive privileges
embarked their funds in the enterprise, had as?
sumed burdens, had solved tho problem, and
achieved success, and now expecting the rewards
of their zeal and enterprise, that the Legislature
should, at tho moment of their success, cancel
their exclusive privileges aud allow to others an
equal right to share in the profits of the traffic
created by the founders of the enterprise.
And is not that in principle the case before thc
Court. Whether the branch should diverge ono
mile or fifty miles from Hamburg, is a quostion of
surveys uot of law, and is for tho Company to de
side. The essential fact ?8 that the branch, wher?
ever diverging, connects Columbia and Hamburg,
ind brings these two places into commercial com?
munication with each other, and with Charleston,
ind facilitates intercourse between them all. To
iccomphsb that, was the object and intent of tho
Legislature. It was not one railroad but a net?
work of railroads which tho act contemplated,
miting in commercial intercourse tho four com
nercial centres of the State, Charleston, Columbia,
?amburg and Camden.
That this was the true scope and intent of tho
ict, is clear from the 14th Section of the act. " Tho
ixclusive right to make, keep up, and uso the
.ailroads and transportation authorized by tho
tct, shall be for the term of thirty-six years,"
' and after tho said term of thirty-six years shall
lave expired, though the Legislature may author
ze the construction of other railroads or canals
or tho trade or intercourse contemplated herein,
leverthcless tho south Carolina Canal and Rail
.oad Companv shall remain aud bo incorporated
md vested with all the estate, powers and privi
eges as to their own works herein granted, except
he exclusive right to make, keep up, and use <
ailroads over and t brough such parts of the *
:ountry that shall so have expired by the forego?
ne; limitation." <
The first section of tho act contemplated ti ade 1
md intercourse between Columbia and Hamburg,
ind expressly authorized a road connecting them, <
ind the 14th section ia a clear recognition by the '
Legislature th.it until tho expiation of the thirty
lix years it had no power to authorize the con- 1
(traction of any other road for that trade or inter- a
ionrse. t
'.' bo Legislature plainly savs to the company : I
Dm bark your money in thia enterprise ; build tho <?
oads wo havo authorized you to build ; connect
he places we have authorized you to connect, and 1(
-ou ?hall have tho exclusive benefit of all the tr
ind intercourse between thom for thirty-six ye
ia your reword.
Passing from the charter of tho Canal and R
:oad Company wo como to that of the Louisa
md Cincinnati Railroad Company. The charte
io t repugnant to that of the Canal and Railr
Company. It does not contemplate a road bet?'
Charleston and Columbia. No authority to c
itruct such road is given. It docs not provide
;he construction of a railroad from Charlestoi
Cincinnati. The tir st act upon the subject (li
authorizes a "survey of tho country between
C-hio River, near Ciucinnoi, and the railroad i
jected by tho South Carolina Canal and Railr
[Company." The act of incorporation Bays-"t
tor tho purpose of establishing," not for the j.
pose of constructing, but for the purpose of ?
tablishing a communication by railroad" betw
the cities of Cincinnati and Charleston, &c.
The exclusive right to construct a branch fi
tho main stem to Columbia hod already been gi
to the Canal aud Railroad Company tor thirty
years.
Whether they had exercised it or not
immaterial. In thc language of tho Chief Jus
in the Charles River Bridge case, "The existo
of the power does not, and cannot, dopend ui
the circumstance of its having been exerciBoc
not." (ll Peters 547.)
Any road by the Louisville and Cincinnati O
pony which would have connected Columbia i
Hamburg, or Columbia and Charleston, would h
been in conflict with chartered rights already
is ting. Au intention to violate chartered rig
cannot bo predicated of tho Legislature. Th
is no warrant for it. The Legislation is cons
ent. Tho privileges and powers of each comp:
were consistent with the fullest exercise or
powers and privileges of the other.
No terminus at either end is indicated. r.
new company was to avail itself of existing roi
as far as practicable.
To commence whero the "projected" road of I
Canal and Railroad Company terminated. Tc
in continuation of and not in conflict with it.
The Louisville and Cincinnati Railroad Compi
could bu ld a road "through the States of E
tucky, TenneBEeo, North and South Carolir
[Seo 17?.J
But they could not pass beyond Columbia. S
pose that on reaching Columbia tho Louisville i
Cincinnati Company had attempted to contii
their road, and tap thc Hamburg road at Bran
ville. What would have been the response of
Canal and Railroad Company ?
Tho exclusive right to build a branch from i
road to Columbia is vested in us. The exclue
right to connect Columbia and Hamburg and C
umbia and Charleston is vested in us.
Our charter expressly gives us tho right.
Your charter gives you no such right.
Your chartered rights commence where o
end.
Adhere to tho limits of your charter, and i
rights of both are preserved intact.
The rule that acts in part materia aro to be
construed that efficacy shall be given to both, e
ties the question.
In December, 1833, the State incorporated t
other company, "Tho Columbia Railroad Com]
ny," and authorized it "to treat with the Sot
Carolina Canal aud Railroad Company for a trai
tor of their right to construct a railroad oetwc
Columbia and some point on their railroad n<
branchville," and on such transfer being ofloctt
"all the rights, privileges and immunities a
corporate powers vested in tho South Carolina (
nal and Railroad Company, at the time of su
transfer, shall, so far as ropects the railroad 1
tween Columbia and the point aforesaid, bo veal
in the Columbia Railroad Company, subject to I
terms of such transfer." [8 Statutes, pago 382.
If confirmation were needed, hero is the legis
tivo admission o? the exclusivo right of the Cai
and Railroad Company to construct tho road fr?
Branchville to Columbia, and tho inability of I
State to grant such right to another.
That the Louisville and Cincinnati Company h
no right, under their charter, to construct & re
from Branchville to Columbia is clear.
That they did build tho road is also clear.
'1 hat tho company was too prudent and flat
cious to have expended money on an illegal stn
turn is equally clear.
Whence, then, did thoy get the right to bu
the road ?
They got it whence alone they could get i
from the charter of tho Canal and' Railroad Co
pony.
By a strictly inductivo process we roauh this ct
elusion, and demonstrate it from thc statutes, a
thu statutes atone. They excludo any other ci
elusion.
We might will rest thc case herc, But tho fat
show tho logical process to bo accurate.
In 1834 a survey of the route from Branchville
Columbia was made by a committee of tho citizc
of Columbia, and a survey was also m ado oy t
Canal and Railroad Company, with tho view
constructing tho branch authorized by their chi
ter.
Here then was tho projected railroad rofcrr
lo in the act of 1835.
In 1895 thc Louisville and Cincinnati road w
chartered.
In 1836 tho commissioners appointed by t
Los i Bia turo made their report, and that dominic
shows conclusively that they regarded Columl
as the terminus or the road. [Soe pagos 3 and i
In January, 1837, the expediency of purchasii
tlie Canal and Railroad Company was discussed.
In October, 1 #37,-tho first annual report of ti
President and Pireotors was made, and resolutio
establishing Columbia as the terminus of the roi
and directing negotiations to bo opened for tl
purchase of tho Canal and Railroad Company wc
adopted by tho stockholders. The committee (
which Chancellor Harper was chairman) who I
ported the resolutions in their report, concede tl
exclusivo legal right to build a road from Charle
ton to Columbia to be in tho Canal and ltailroi
(Company,.
In September,{18oU the second anpna) rcpo
was made. In it tho President announced that tl
purchase of tho Canal and Railroad Company, wit
all its privileges, had bcou effected, and that "sini
the purchase the road from Branchville to Color
bia had been "located." Throughout the rep?
the road from Branchville to Columbia ie regard?
ae a branch, and the "main trunk" of tho Loni
ville and Cincinnati Road os conunencing at C
lumbia, and to be extended thence through tl
centre of the State on to thc Butt Mountain Oap
: Here, then, independent of all reasoning, is tl
fact that until tho Louisville and Cincinnati Con
pany obtained t)ie charter privileges of the Can
and Railroad Company they never even iocalt
their road from Branchville. JSvery foot of tin
road was built under tho charter privileges of tl
Canal and Railroad Company.
Until 1843 tho two companies existed as distim
corporations.
In 1843 the act of union was passed.
It was not a now incorporation as in tho act <
1842, repealed by the act of 1843.
The South Carolina Railroad Company, as sucl
never was incorporated.
The name of (he Louisville and Cincinnati Rai
road was changed to that of tho South Carobs
Railroad Company, and tho Canal and Railroa
Company merged in it.
By virtue of that, tho Canal and Railroad Con
pany was extinguished-lost its identity and coi
porate existence, and was absorbed in the Sout
Carolina Railroad Company, becamo part and pal
col of it, and governed and controlled by the emu
ter of the South Carolina Railroad Company.
In 1842 Colonel Elmore moved that an applies
tion bo made to the Legislature for "an atnalgs
mation" of tho two charters, Tho next day h
moved to expunge tho resolution, and subsequent
ly Mr. Mayzck moved that an application be mad
for a "merger" as it now appears in the act of '-ii
The word merger was designedly used. It fltj;
expresses what was the intent of the partios a ni
the Legislature. Its legal signification is "th
annihilation by act of law of the less in the greato
of two vested estates meo ting in the same person.
[Cruise's Digest, title 39.]
If tho Legislature pad merged the ono Compan;
in the other,, and stopped there, there would na vi
been an absorption of tho estate of tho merged cor
Kration,. an extinction of its rights and privi
tes. Morgor is only of estates, not of rights.
But tho Legislature gpss on and gives to tin
South Carolina Railroad Company as an indepcu
dent, subsequent grant, all the rights and privi
leges of the Canal and Railroad Company.
lt was as if the Legislature had specifically in
coi-porated into the charter of the Louisville" auc
Cincinnati Railroad Company, those sections o:
the charter of tho Canal and * Railroad Company
winch contained ils powers and privileges, u?e
thou said to the South Carolina Railroad Company
thia is your charter,
In many of tho carly Bank charters, powers ant
privileges were not specifically given in the act ol
incorporation. They woro simply givcu tho pow?
ers and privileges vested in the Plautois' and Me?
chanics' Bank, and the Union Bank.
That tho south Carolina Railroad Company,
owns a road connecting Charleston, Hamburg and
Columbia, each with the other, no one will deny.
That it bas a charter will hardly bc questioned.
What is that charter, and when and where waa
it granted?
The act of 1843 giving it its corporate name, con?
tains no powers whatever ; dees not even incorpo?
rate it ; contains not one of those provisions essen?
tial to its corporate existence.
Where aro thoso to bo lound V Clearly in the
charter ot tho Louisville and Cincinnati Railroad
Company, plus the powers and privileges added to
that charter by th? act of 1843.
It cannot bo maintained that the charter of tho
South Carolina Railroad Company consists of a
union of tho two charters.
The law of its corporate hoing must be clear and
uniform, and in thu two charters are inconsisten?
cies, ami contradictions innumerable.
That vary condition of things did exist and tho
evils of it induced tho application for a single
charter governing tho entire road, not an amalga
tiou of the two, but a merger of tho ono in the
other.
Note the caro and precision with which the union
was effected.
ibo Louisville and Cincinnati Company were
virtually thc owners of all thu road connecting
Columbia, Hamburg and Charleston.
Tho Legislatura
1st. Changed the name. This placed the South
Carolina Railroad Company under thc charter of
the Louisville and Cincinnati Company. It was
tho old Company and the old charter, with a new
lamo.
2d. They merged the Canal lind Railroad Com?
pany iu tho South Carolina Railroad Company.
Merger is annihilation and thc Canal Company
md its charter wore extinguished.
The old charter of thc Louisville ami Cincinnati
Company survived and continued tho law of tho
torporatiou.
3d. They added to and vested in the South Caro
ina Railroad Company all tho rights, privileges
md property belonging lu the Canal and Railroad
Company.
Wien "the Legislation ended, not aline of thc
harter of the Louisville and Cincinnati Company
tad been repealed or modified.
By virtue of the act of 1843, the South Carolina
lailroad Company possessed tho track from
Jharlodton to Hamburg, and from Branchville tu
'ol limbla.
They jiossessed also all the rights and privileges
f tho Canal and Railroad Company, and of thc
.oui s vi lie and Cincinnati Railroad Company.
Among these powers and privileges was tho cx
lusivc right to make, keep up, and employ a
' branch" from Branchville to Columbia,
It is immaterial whether tho South Carolina
lailroad Company possessed tho power to con?
tract and uso thu road under tho old charter of
he Louisville and Cincinnati Road, or under tho
ewers and privileges of thu Canal and Railroad
?ompauy transferred to it.
Immaterial whether it was their road and privi
3ge under an original graut, or under tho assigu
meut of power to thom by the act OH^ -JA.
either event, it waa their road, governed ny their
charter, which is the old charter of tho Louisville
and Cincinnati Company, tho 18th Seotion of J
which provides that the State of South Carolina
shall not for thirty-six years, authorize the con?
struction of any railroad;.within twenty miles of the
railroad so to be constructed by the Cincinnati
and Charleston Railroad Company, which shall
connoct any points and places on their railroad, or
which shall run in the general direction thereof."
We concede that thc 18th Section originally ap?
plied only to the road from Columbia to Cincinnati,
and that at tliat lime it ivas the intention of the
Legislature so to restrict it.
But in 1842; the project of the Louisville and
Cincinnati Railroad waa finally abandoned.
By the oct of1843, the Legislature extended tho
cb ai'tor of the Louisville and Cincinnati Company,
over all the road possessed by the South Carolina
Railroad Company, that is over the Charleston and
Hamburg track and the Branchville track. They
mado it ail their rood governed by their charter.
What warrant is there for saying that one sec?
tion of that : charter is repealed or modified.
That tho Legislature, extending tho charter over
all the road and property of the South Carolina
Railroad Company, excepted tho 18th Section ?
The charteris the charter for the whole road; it
must apply to all or none. If to all, then the de?
fendants concede our entire caso. If to none, then
they expunge a seotion of the act and ask the
Court to do what the Legislature declined to do.
If they seek a middle course and attempt to limit
or restrict the ope: at ion of tho 18th section 'they
must show that the Louisville and Cincinnati Com?
pany ever had the right to build the road from
Columbia to Branchville under their charter; that
tho 18th section applied to that part of the road,
and that tho Legislature, iu the act of 1843, limited
it to that part of tho road; and they can show
neither.
That it was the intention of tho Legislature to
grant the most full and exclusive privileges is ap?
parent, not only from all tho Legislation touching
the road, but from tho circumstances existing at
tho time-the magnitude of the enterprise-the
deep interest felt by all classes of thc community
in its success-the pecuniary liability of tho State
as a holder of its stock and endorser of its bonds.
The company had barely survived the severe
financial trials of 37. It is hardly probable that
tho State, with so great a pecuniary interest in the
success of the road, would, at tho moment of its
completion, and when its resources were about to
commence, have limited or restricted any of the ex?
clusive privileges, upon t ao maintenance of which
its success depended. A road, whuse object woe
to divert trafile from the South Carolina Railroad
Company, would then havo met with but Uttle
favor. Tho Legislature was prep.iied to grunt al?
most anything that would render tho enterprise
successful. To insure unity, simplicity and econ?
omy of management they placed tho entire enter?
prise under one charter, and extended that charter
over the wholo road without tho limitation or re?
striction of a single oxclusive privilege.
It may have been a mistake. Tho Legislature
may not have acted with sufficient sagacity and
prudence. But the question is not what they
ought to have done, but what they have done. The
Courtis to construe contracts, not to make thom.
Experience may prove that tho contract was in?
cautiously made, "but it is like any other contract
made by competent authority; and binding on the
parties; nor can the people or their representatives
by any act theirs afterwards impair its obligation."
[Ohio Life Insurance Company os. De Bolt-IC
Howard, 428.]
The exclusivo privileges of the 8outh Carolina
Railroad Comps ny aro vosted in it by oharter, and
that charter cannot be repealed, altered or amended
by the Legislature unloss the power to do so is re?
served in the original grant. [Dartmouth Coliego
Case-4 Wheaton; Binghamplon Bridgo Case-3
Walluco, 73.]
We havo now shown
That tho oxclusive right to "make, keep up and
omoloy" a railroad from Charleston to Hamburg
and "a branch thereof" to Columbia was vested
tu tho Canal and Railroad Company.
That thu Louisville and Cincinnati Railroad Com?
pany never did have any charter right to construct
a road from Branchville to Columbia.
That before they even located their road they
purchased tho charter rights and privileges of tho
Canal and Railroad Company,
That under thoso charter rightslalono could tho
road legally bo built.
That thc Louisville and Cincinnati Railroad Com?
pany being owners of tho road from Charleston to
Hamburg and of ali tho ?harter privileges of tho
Canal and Railroad Company, alone had tho right
to build tho branch to Columbia.
That tho Legislature in 1843 mcrgod tho Canal
and Railroad Company in tho youth Carolina Rail?
road Company; extended the charter of tim Louis?
ville and Cincinnati Company over tho cnliro road
of the South Ciroliiia Railroad Company, and add?
ed to it the exclusive privileges of tho Canal and
Railroad Company.
That tho eighteenth see ti cn of tho char tor ot
tho South Carolina Railroad Company forbids tho
construction for thirty-six years of any road con?
necting piucos on their rood.
That tho privilege added to their charter by the
Act of 1843 is the oxclusive right to mako, keep
up and employ a railroad from Charleston to Ham?
burg, aud *a'? branch thereof to Columbia, and
thus
That whethor tho exclusivo right of tho South
Carolina Railroad Company is referred to tho ono
charter or the other, it is equally given under
either.
Bo the argument well or ill-founded, concedo
that the Legislature had the right to charter thu
Columbia and ^uguata Road, that it does not im
I pair the obligation 'off (he eon tract, tho question
still recurs, have not tho Columbia and Augusta
Company so acted under their charter as to violate
the rights of the South Carolina Railroad Com?
pany?
Their charter, liko any other law, must be con?
strued subject to existing laws; must be consist?
ent with, anil not in antagonism to, oxieting rights;
otherwise p'tHor fa lejnjaore polpr in jure.
Concede that they havo the charter right to
build a road from Columbia to Augusta, they must
so exeroiee tho right as not to violate the rights
of o thors.
Sic \dnre Ino applies not morely to injuries to
property, but includes injuries to rights. [Jeffries
cs. Williams, 5 Exchequer 597.]
It caunot be denied that tho right to mako, kcop
up and employ a railroad from Charleston to Ham?
burg is exclusive in the South Carolina Railroad
Company. "
No matter whence they derived it, thoy have it.
The exclusivo right attaches to every foot of the
track, Othorwise, this follows: that although ad?
mittedly tho State could not charter a road from
A to C. she might charter a road from A to B, and
from 13 to C, and do indirectly what she couldnot
do directly. The conclusion demonstrates thc
fallacy of tho reasoning,
No matter how short tho distance a parallel and
competing road traverses, to that extent it de?
stroys the exclusivo privilege.
The distance simply measures tho quantum of
damago.
Tho State could not grant a charter for a road
from GranitoviUe to Hamburg.
Can the Columbia aud Augusta Company, with?
out any authority under their oharter, do that
wliich the State could not give them power to do ? j
Under their charter their power is simply to
construct a road from Columbia to Augusta. Thero !
is no authority given to them to construct their
rood via G rani fe yilla, there is no necessity for them
to go via Granite ville, and they deflect from their
{iroper route in so doing. Thoy can oxeroise their
ull chartered rights without infringing the rights
of others. They deviate to infringe.
Thc direct route may bo more costly at the outset.
Experience has shown that in the end tho most di?
rect is tho most economical route. Butt the ques?
tion of greater or loss cost cannot outer into tho
discussion. It was a matter to bo considered bo?
foro initiating the work. There was no obligation
upon tho company to build tho road, but thero is
an obligation not to violate thc rights of others.
In the leading case of tho Chorlos River Bridge
and the Warren Bridgo (ll Peters) both corpora?
tions were chartered for tho same purpose with the
samo privileges, and hy the same authority. No ex?
clusivo privileges were granted to the first corpo?
ration, and the quostion was whether the State,
by thc first grant of power, had so divested herself
of hbr sovereignty quoad that subject matter as to
doprivo her of the power of granting oqual privi?
leges to another.
In that caso thero wero no oxclusive privileges;
hore thero aro. Thero tho contest was botwuen
tho conflicting charters; hero tho contest is be?
tween a corporation with a charter authorizing tho
road from Granite ville to Hamburg- aiid a company
having no authority to construct a road from
Grauitovillo to Hamburg, between a charter and
a trespass, and the common law doctrino ap?
plies with its full force. [3 Blackstone's Commen?
taries, 210; Yard vs. Ford 2 Saunders, 174; Huzzy,
vs. field, 2 Crompton, Millson & Rose oe, 432. Tho
Islington Market, 3 Cl. & Finn, 513; Gibbons cs.
Ogdon, 4 John Ch., 150; Turnpike Co., os. Miller,
5 John Ch. III.; Stark os. McGowan, 1 Not Ut
Mc. 387.]
If tho Columbia and Augusta Company could
not build thc road from Granitovillu to Hamburg,
with a charter authorizing it, a fortiori, they
cannot do it without such authority.
It is alleged, by tho defendants, that whatever
may be the rights of the complainants, thoy havo
been lost by laches and lapse of timo.
So fur us tho projected road from G rangeville to
Hamburg is concerned, the objection may be at
once disposed of. That road, so far as we aro in?
formed, is not yet detinitolv* located-cortainly no
work has been dono upon it, and we are amenable
to tho charge of unseemly haste rather than to
that of laches. Nor is thero any much belter foun?
dation for the ch argo of laches with refcreuco to
the rest of thu road,
Aa yet no damago has accrued to the South
Carolina Railroad Company. Thero is only a pos?
sibility of damage. No right of action has yet ac?
crued at law; and it is somewhat anomalous to hold
that although sufficient timo lias not elapsed to
give a legal right of action, tho equitable right of
action is barred by lapso of time. Thc bettor doc?
trino, wo apprehend, is that equity follows thc
law, and bars him who is barred at law. [Story
Equity Jurisprudence, Soc. 1520 notes.] Tho real
questiou is: Has thc Columbia and Augusta Compa?
ny tho right to build their road? If thoy have, the
South Carolina Railroad Company must submit ns
heat they may to thc compctiti m. If they, have
not, then thoy have mado a grave mistako in em?
barking their funds ni an illegal undertaking. It
was their duty to have ascertained tlioir rights
beforo they expended their money. Ii they have
been mistaken os to their rights, they must, like
other men, boar the burden of their mistakes.
However inuocont their mistako, they cannot ask
tho Court to shift tho burden of their errors from
themselves to tho South Carolina Railroad Com?
pany.
COMMERCIAL.
Exportai
MATANZAS-Per Br sehr Alert- 98 hampers Bottles, 27
cases Vials, lu casks Wine, 7 cases Porcelain, 36 bbis
Itusiu, 15 bbis Spirits Turpentine, 1UU cases Claret
BOSTON-Per sehr Marian Gage-2? hales Upland Cot?
ton, 0 bales Cotton Waste, 203 bbis Spirits Turp?n
tine, 50 bids Rosin, 41 bales Paper Lags and Rope,
351 tons Old Iron, Metal, Ac, 1 box Ropo, 19 rolls
Matting.
NEW YOUR-ror steamship E B Souder-ll bags S I
Cotton, ?28 bales Upland Cotton, 308 bbis Rosin. 'JO
bales Domestics, 6U casks Kaolin Clay, 2U4 bbis Vege?
tables, ll? packages Sundries, 14 rolls Leather, 1
balo Wosto, IS pigs Lead, 2 cusks Wax_Por steam?
ship Monhuttaii-20 bags S I Cotton, 703 bales Up?
land Cotton, SUI bbis Naval Stores, 43? bbis Vegeta?
bles, 307 empty Barrels, ?3 cases Mdzo, 37 bales
Yarn,
The Charleston,Cotton Market. . ? . .
OFFICE'OF THE CHARLESTON DAILY NEWS, I
CHARLESTON, Baturdoy Evening, May 18,1867. J
There were bul few buyers on the market, and the de
aand was quite light Sales 33 bales, viz: 6 at 20, 3 at
3,13 at 24, ll at 25K- We omit quotations.
Augusta Market.
AUGUSTA, May 18-FINANCIAL-GOLD.-Brokers are
raying at 135, and selling at 137.
SILVER.-Brokera are buying at 128, and selling at 13L
SECURITIES.-Georgia Railroad Stock sold at 66 and 67.
COTTON.-Tho market has been ?xtremely quiet to
lay, and sa'cs have been limited. To effect sales holders
vould havo to take %c. less than yesterday's prices but
hero seems to bo a mutual holding off of buyes and sei?
en. Sales amounted to 80 bales, as follows ; 7 at 22, 2
it 22& 2 at 29, 14 at 25, 29 at 25>3', and 26 bales at 26
:ents.
Receipts, 46 bales.
Mobile Market*
MOBILE, May 16.-COTTON-A good demand has ex?
isted throughout the day, resulting in sales of 1000 bales,
rho market opened at 26c, but on receipt of more favor?
able account- from Liverpool factors advanced their
Ideas, and at the close purchases could not be effected
below 26>ic
MONETARY AND FINANCIAL-There has been a fair
unount of business in Domestic Exchange to-day at the
following rates: New York Sight checking pal, and %a>?
liscouut buying. Ntw Orleans Sight % premium.
Sterling is quoted 144al4S for sixty day bills, and 145
Tor sight
Gold ia scarce and tending upward with Now York ad
rices, end at the close was quoted 136al38.
New Orleans Market.
NEW ORLEANS, May 14.-COTTON-Notwithstanding
the encouraging tone of the Liverpool advices published
ba the morning papers,.the movements to-doy have ex?
hibited very little activity at any time throughout The
disposition to purchase on the part of buyers was quite
general, and most factors showed rcnowed anxiety to
realize; but the insuperable obstacles presented to the
negotiation of exchange, predicated, doubtless, on the
financial complications of one of our leading banking
Institutions, operated in a manner decidedly prejudicial
to heavy transactions in the staple. Hence, the day's
business has been comparatively light, comprising, at
the close, 2700 bales, taken by ten brokers, at irregular
but easior prices, the market, owing to the influences
referred to above, viz : impediments to the placing of
exchange, evincing a downward tendency throughout
With the above remaras, wo quote nominally as fol?
lows: Ordinary 19a21c; Good Ordinary 22>?a23>?; Low
Middling 24a26, and Middling 27c. The sales for the past
three days aggregate 11,700 bales, taken partly for the
North, but mostly for foreign export 'Thc receipts
proper since Fridav evening (excluding the arrivals from
Mobile, Florida and Texas, which are included in their
respective statements) embrace 2666 bales, against 2346
during the correspo iding period last week, showing an
increase of 321 bales. The exports during the same
period comprise 12,849 bales, 1404 of which were coast?
wise, and 11,445 to foreign porta..
STATEMENT OF COTTON.
Stock on hand Sept 1st, 1866.bales. .102,082
Received to-day.1,450
Received previously.720,281-72L731
823,813
Exported to-day.4,411
Exported previously.702,695-707,106
Stock on hand.116,707
The clearances comprise 4409 bales for Liverpool, and
2 for Providence. >
SUGAR AND MOLASSES-Only a few bbls of Molasses
have been received since yest rday; no Sugar. The sup?
ply of tho domostlc production is very light, but there
is little dem ind. We have no Bales to report, aud quote
Sugar nominally at 12c 9 lb tor low fair, 13 j?ol3?4'c for
choice, I3>iai4c ror yellow clarified, and 14Xal6c for
white; 40a5Uc $ gallon for fermenting Molassos aud 72c
for prime. Tho market is wcU supplied with Cuba Sugar
and Molasses; but, in the total absenco of salen, wc are
compelled to omit quotations.
CORN-Tho market is dull aud drooping. Yesterday
tho sales did not exceed 9300 sacks. To-day they are
confined to 7350 sacks, of which 1600 mixed, 2000 white
and 2000 white aud yellow at SI 40, 250 at tl 42 S', 600
yellow at $1 43. 100 and 1000 white at $1 45 V bushcL ,
RICE.-Is in light supply, but is dull. Wu quote Lou?
isiana atMUjtfe; Carolina 11V. 12Mc; India 9>?alOV.c.
India is held at 10c cutrency at wholesale, duly paid, and
4 fj c gold, in bond. Stock on baud 700 sacks.
FREIGHTS.-The market U quiet but firm. Tho ratea
aro Jfc per lb for Cotton by steam for New York; lc for
Boston, Steam New York and Boston 35c per sack for
Corn; 60a65c per bbl for Flour, and SI for Pork. Sail for
Liverpool 17-34i9-16d for Cotton; Havre IKc. 8team for
Liverpool %d.
Wilmington Market,
WILMINGTON, May lb.-TURPENTINE-In moderate
request and market steady. Sales of 675 bbls at $3 60 for
Virgin, S3 for yellow dip, and ti for hard, per 280 lbs.
SPIRITS TURPENTINE-Sales of 19 bbls at 6 tc, 105 do at
64c, and 35 do (city dlstiUcd, in New York bbls,) at 55o
per gallon.
ROSIN-Sales of 490 bbls ats? SO for Comruon, $3 for
strained. $3 12 ;?a3 26 lor No.' 2, S3 75aS4 25' for No. 1,
and $4 60u5 50 for Pale, all per 280 lbs.
COTTON-A small parcel sold at 24c for Middling.
No other transactions reported.
Baltimore Market.
BALTIMORE. May 10.-CoprEE.-Wo report to-day
solos of 1,010 bags Rio, ex Bremen brig Leopol
dino, 1,260 bags do., ex Groy Eagle, Doth on private
terms, to go West ; 260 ba?s Rio 17 cents, gold, and 60
bags do. l7>ialD couts. .
COTTON-Was in demand to day, but buyers' and sel?
lers' views apart. Some email sales were effected at 26>,'
cents for low Middling, and 27 cents for Middling, but
held generally at 28 cents.
F Lorn-Some holders wore anxious to sell low grades
of Super and Extra but buyers are slow to take hold.
Shippers keep put of thc market, and tho jobbers and re?
tailers buy only tor Immediate wants. Sales necessarily
are confined to small lots ; included were 60 bb]s. Arabs
Family at $17.50. We repeat last quotations, though for
common descriptions weak :
Howard-street Super and Cut Eitra.. .?11 50 @$12 60
Howard-street Extra Shipping. 13 00 (a) 14 00 j
Howard-street High Grades. 14 60 rs 15 00
Howard-street Family. 16 00 @ 17 00
Ohio Super and Cut Extra. ll 60 @ 12 00
QhioExtntSuipuing. 00 00 (q) 00 00
Ohio retailing:;..... 00 U0 ? 00 00
Ohio Family. 16 00 @ 16 00 ,
North western Super. 00 00 la, 00 00
Northwestern Extra. 13 00 @ 14 25
City Mills Super. ll 60 @ 12 00
City Mills, Standard Extra. 13 00 M 14 (Xl
City Mills Shipping brands Extra. 16 60 (g> 17 00
Baltimore, Welch's, and Greenfield
Itally.. 00 oo (I 18 60 ,
Baltlmoro high grade Extra. J......... 17 60 (a) 18 00 J
Rye Flour, now. H 75 @ 9 26
Corn Meal, City Mills. 6 76 (t? 0 00
GRAIN.-Wheat-300 bushels white and 1225 bushels
yellow offered; only sales wcro 200 bushels medium.
white Mary laud $3 40; 200 bushels do red S310a3 16; a
lot of choice Maryland red was beld at S3 60, but re?
mained unsold; Pennsylvania grades are dull and entire?
ly nominal. Corn-7600 bushels whito and 4600 bushels
yellow received ; market was a little firmer with sales of
7400 bushels whit? St ?1 Ulai 13: bulk at $1 12al 13; 1100
bushels infer|or 95 cte; 6100 bushels yellow il oyal 12;
2000 bushels at latter; 1400 bushels Western mixed at
Si 04; 8000 bushels do SI 02. Oats-5000 bushels re?
ceived and 7000 bushels sold at 77a79 cte, nearly aU 77a78
cents.
MOLASSES-No sales; stock light aud held firm.
PETROLEUM-Market dull; no buyers; quotations nom?
inal.
PROVISIONS-Bulk Meats aro steady ; we report sales of
30 lihds Shoulders, packed, at ?J?c; 20 hhda rib Sidos
10 Ve; 30,000 pounds loose do 10,Bacon continues in
nur jobbing demand at lUal O'4e for Shoulders; 12al3>4'C
for rib Sides, and 12%al23{c for clear rib-inside figures
not cash, and. outside on orders. Hams 16>ial7c for
sugar cured canvassed, and 16al6c for plain. Meas Pork
held at $.3 75; primo mess S22 and scarce. Lard 1'Jal jj-4c
for City and Wostern tierces; retail-lots >4c higher.
RICE-Unchanged; quoto holders firm ot Hallie for
Carolina, and 9j,ai)}{c for Rangoon.
SALT-Liverpool Salt ls in steady demand for lots from
doliera, and prices Brm at S310aS 20 for fine, and $2 20
for Oround Alum. Turk's Island unchanged; quo e 63a
65c 9 bushel for lots from store.
SUOAB-Was again in demand to-day, principally for
refining, with Bales of 381 lihds, 28 tierces, 2?bbls Cuba at
IO,3, ul OK c for fair to good, and io?; for primo; also sales
75 hhds Porto Rico, grocery, at lOJiall&c, Market
closed Urta,
WHISKEY-We report sales within the past few days
amounting to 870 bbls country and Western in bond, at
20c for thc former and 30c for tho latter.
New York Market.
MONET MARKET.
The Now York Eumina Post of Thursday, May 16,
says :
The loan market ls a shade closer without change in
rates. Call loaus on governments are making at 4o5,
and on other collator alu at Sac. Commercial paper of
tho best grades is scarce and passes. at tiati jv The Sub
Treasurer is not buying quite so many seven-thirties to?
day, as the prico, 106>? for the August series, is rather
below tho views of holders. Tho disbursements from
the Treasury aro consequently rather loosened.
PRODUCE MAH RET.
NE .\ YORK, Moy 16.-FLOUR, Ac.-The market for
Western ond state flour is quiet, prices are lua'iOc lower,
and in some cases 25c off.
The sales are 4000 bbls atS10 90all 90 (or Superfine
State ; f 12 4Sal4 40 tor Extra State ; $12 C0al3 60 for the
low grados of spring wheat Wasleru Extra ; $13aG0
al4 75 lor shipping Ohio; $15ul6 10 for trade and
family bruud." of Ohio, Michigan, and Indiana, and
SIC 3iJalQ 40 for St Louis ex ras.
California flour is lower, nominal and unsettled at the
close. Sales of 250 bbls snd sacks at SIC 40al7 26.
Canadian flour is dull and 10c lower. Soles of 125 bbls
at $l6al5 40 for tho lower grades of extra, and $15 50a
17 25 for trade aud family brands.
Southern Flour ?B dull and 10c lower. Sales of 1U0 bbls
at $13 0Cal3 15 for common to lair Baltimore and country
extras, and $15 30al8 for trade und family brands.
Rye Flour is lower. Sales of 530 bbls ut $8 70a9 50.
Corn Meal is dull, bules of 400 bbls Western on pri?
vate terms.
< ;u.Ms-Tho Wheat market ls inactive and prices aro
nominaUy lower. Millers arc contending for lower prices
and dealers aro apart iu their views.
Barley is inactive and nominal.
Oats ure more active and prions aro 2a3c higher, clos?
ing strong. Sales 70,0U0 bush Western at 8'2 j?aH5c, and
State at 89a91o.
Ryo ia rather firmer. Tho sales aro 22,00.) bushels
western at SI C8ul 72; freu Canadian at SI 75, bonded do
at $1 54.
Com is decidedly better and in active speculative de?
mand. Tho inquiry Ls lair, partly for investment New
is mainly taken lor export Wu notice thu first arrival
by canal, oousignod to Messrs. Thoa W. Grifilu A Co.
Tho sales aro 120,000 bushels new western niixod at
SI 17ol 25 ut railroad depot and delivered; old do, $1 25a
1 30 in store. $1 26al 30 afloat, closing Btrong; southern
whito at SI 23al 26; do yellow at SI 25J4al 27.
PROVISIONS-Thc pork market has been more active at
higher figures, but closes rather weak. For futuro de?
livery wo note 1000 bbls mess at $23 2Ua23 25, seller sixty
days.
Tho sales, cash and regular, aro 3300 bbls at $2315a
23 25 for new mess; $22 75 for thin mess.
Beef is firm and -.uoucratcly active. Sales of 125 bbls
at S13alC for common to fair plain mess; 17a2l for good to
choice do, sud $21a25 for extra do.
Tiorce beef is quiet.
Beef hums aro steady. Sales of 35 bbls at $44 for
Craglu's.
Cut moats aro In very 'air demand and firm. Sales of
530 packages at 8^a9,l4'c for dry salted shoulders, tho
lutter for choico repacked; 10j4c for pickled do; 124,c for
tlry salted hams, aud 13)?al4 '4'c for pickled do.
Bacon is lairly active and steody. Sales of 315 boxes at
\\yt lor8hoitrib;12^ct'or short clear, to arrive; and
15,000 pounds loose short rib at ll<?c
Lard is steady and hus been very tuirly active. Sales
af 1300 bbls and tierces at 12Kal2^c for No t, 13al3>^c
for city, 13>?al3}?c for fair to primo Bteam and kettlo
ilried; 13jiul3??c for kettlo rendered; tho latter rate for
miall lots.
COTTON-The market is quiet, and prices ors firm and
iomowbst irregular. Tho domaud is not very brisk,
We quote middling uplands at 28>2u29c, and du New
Drleaus and Texts at 29>ia30c.
HAY-The demand is Our and the market firm at $175
for shipping, and SI lJ0u2 10 for retail lots.
MOLASSES-Is in fair demand at full prices.
RICE-Carolina is firmer; the stock is small. Sales at
I0)?al2)?c. Rangoon in moderate demand. Sales at
J.'iaO.^c.
SuoAi:-Raw sugars arc fairly ac ive and firm at lOJfa
10??c for fair to good refining. Relined are firmer at 16a
15 !c'c for hards.
WHISKEY-The market is firm. Salea of COO bbla at
I2j>ia33c tor Western lu bond.
FREIGUTS-To Liverpool, 300 bbls pork ot ls 6d. and
)or steamer 1000 boxes cheese ot 27s Cd, aud 300 packages
ratter ut 27s. To Glasgow, per steamer, 200 packages
ard ou private terms. To Brcmtn, 100 tons cedar wood
>t 16s. An indian bark with 30,000 bushels corn to Lon
tonderry at 4s.
BUTTER-Is dull and heavy. We quote Goshen and
tange county pails, per lb, new, 30a32c; State firkins,
ood to primo, new, 28o30c; State half-firkins, medium
io prime, new. 29a32c; State firkins, common and lair,
la lue ; State Welsh tubs, fair to prime. 16a20c; Western I
escrve, good to choico, 12al4c; Western reserve, com- I
ion to good, liaise ; Northers Peousylvania 16a20c
Consignees per Soutn Carolina Rs tiro ad,
Slay lg.
SSS bales Cotton, 87 bales Md.re, ll bbls Crude Turpen?
tine, 20 casks Clay, 2 cars Wood. 2 cars Cattle, 1 car
Sheep, kc. To B B Agent, Street Bros A Co, M Gold?
smith A Son, P Malkai, A Bischoff, G W Williams A Co,
b F Bussey, C N Averill A Son, Willis A Chlsolm, J D
Aiken A Co, E H Rodgers A Co, G H Walter A Co, W B
Williams, Adams, Frost A Co. W C Bee A Co, F C Mey,
W W Smith, P W Morris, W Roach, H Euck, A Bobin
son ft Co, J ft D Kirkpatrick, Thurston A Holmes, J M
Caldwell A Sons.
passencers.
Per steamship Emily JJ Souder, for Hew York-W S
Powers, H Oetjen, Mrs Jacob Starkley, Miss Eliza Stack
ley, Dr St J Ravenel, Capt J M Carson, J H Seebeck,
lady and child, Miss Mary McAllister, Miss Eliza H Scho?
field, J E Bingham, J E Dodge, J Terry. J Clancey, Capt
Oliver Amsbury and lady, Miss A L Harrison, Mrs M T
Campbell, N Ross, G Ross, F Croghan, P Lawler, F M
Murchison, W H Campboll, G W Knox, T B Breare, D
Canter, J Heseman, C 0 Trumbo, J Hayes, Mrs Levy, T
Collins, Mis Lawlor and child, P O'Mara, J Power, Mrs
J H Moore, G Magbaum, Miss Margaret Moore, Joseph
H Moore, B Moore, G Schroder and lady, H Eames, C A
Cslvo. Jr, C Tyrer, D Wigton, J O'Connor, J H Ksy, M
Crooker, W Gormley, F H KokenmuBer, J McMahon, P
Whelan, Mrs Cyndie Symmons, Mrs Sharpe, P O'Brien.
Per steamship Manhattan, for New York-R R Hud
gins, Mrs Hudgins, Mr Noyes and lady, Miss Charles,
Miss C Stewart, Mrs G Woodruff', Miss Eloise Sigwald,
T McOabo and lady, O Archer, lady and child, C Mehr
tens, Mrs Speights, Miss Julia Pepper, Mrs G Water?
house, Mrs R M cartens and 2 children, Mrs Ec JOIIF, R
Mehrtens, H Boetger, Mrs Hutchings, Miss Hutchings,
S Hutchings. Major J K Alley, J Tecklenberg, lady and
children, J H Bacsloop and lady, Mrs A L Seo viii, Miss
ScovlU, W Johnson, Miss Stovall, S Meyer, Miss B Isear,
Mrs Jane Kenny, Mis3 T Schxoustor, T Draper and lady,
G E Hudgins, P Hays, Jr, N Hubbard, A B White, E M
M Hooper, D Fuller, Mrs Fullor, Miss FuUer, G F Bick?
er, TM Wright, Col S H Hoffman, Mrs Hoffman and ser?
vant, J H Huggett and lady, Major E L Dane, A Force, O
B Whitridge, Mrs H Hays, B Feldman, J K CUley, P
Casoy, J Asher, L Kavanagh, W Welch, J Slamon, Mrs
Slamon, J Seymour, O Finnegan, E Matts, R C Clarke, B
B White, A James, T C Walker, L L Williams, K B Ander?
son, Miss Edwasds, G B Whitridge, and 9 steerage.
Per steamship Moneka, from New York-Mrs M J Mi?
kel!, A R Brown, D Briggs, J Douglas and wife, J Luckie,
C J Demarest, J Waldron.
Per steamer Fannie, from Savana ah via Beaufort, Hil?
ton Head, Ac-C Wilsen, R Colyar, A Adams, R Gilles?
pie, and 10 deck.
Per steamer ,W W Frazier, from Edi s m and BockviRe
J G Crane, Col W L M Bunter, M Whaley, W Gregg, Ma?
jor M B Moses, Mrs W Wbaley, Mrs S T Gaillard, Mrs M
L Dubose, and 9 deck.
PORT CALENDAR.
CORRECTED WEEKLY.
PHASES OF THE MOON.
New M. 4th, 2b. 20m. morn I Full M. 13th, 8k. 32m.morn
FirstQ. 10th, 3h. Um. even | Last ?. 26tli, Oh. 2m. even
HAT.
SCH.
RISES. I BETS.
MOON
HIE ES.
HIOB
WATEB.
Monday...,
Tuesday....
Wednesday
Thursday...
Friday.
Saturday...
Sunday.
1..69
4. .68
4. .68
4..67
4..67
4..67
4.. 56
6..64
6.. 56
6..65
6..50
G..67
C..67
6..68
8. .44
9..32
10..16
ll.. 3
ll..38
Morn.
12..13
8..42
9..21
10.. 0
10..44
ll..28
12..16
1..10
MARINE NEWS.
PORT OF CHARLESTON.
Arrived Saturday,
Steamship Moneka, Morshman, New York-left Wed?
nesday, P M. Mdie. TQ Willis A Ohiaolm. Adams Ex?
press, Adama, Damon A Co, O N Averill & Son, J E Ad
ger A Cu, MAA Ashton, H Bischoff A Co, Bndd A Blake,
Block A Loyns, J B Betts, Bollmann Broa, C Bertraise,
E F Benodict, E Bates A Co, Cameron, Barkley A Co, W
H Charee, T M Cater, Courier Office, J C H Claussen, W
S Corwin A Co, H Cobla A Co, J W Cannait, J B Duval
A Sou, M Drake, B Fass, B Foley, B Feldman, I L Falk
.A Co. Ferguson A Holmes. Gruber A Martin, Gibbes A
Co, J H Graver, H Gerdts A Co, Clacius A Witte, C Gold?
stein, W P Had, W B Heriot, Hart A Co, C J Johnson, A
HUng, T KeUy, Klinck, Wickenborg A Co, J P Kelp, H'.
Elut tc A Co, King A Gibbon, JAW Knox, Lauroy A;
Alexander, C Litschgi, Lcngnlck A Sell, Mantouo A Co,
Midler A Nimitz, X Murphy, J B McElhose Mechera A
Muller, J H Muller, W Matthlessen, Agout, W McComb
A Co McLoy A Co, North. H Wei A Wardell, Ostendorff A
Co, J F O'Neill k Sou, C P Poppenheim, D Paul k Co, M
M Quinn, E A Roye, J R Read ft Co, J Russell, Southern
Express Co. Street Bros k Co, J SinaU A Co, W W Shock-: |
elford, Strauss, Vanees A Co, G W Steffens k Co, Taft A ?
Howland, Ufferhardt A Campsen, J Walker, F Weyhman,
Wuhrmann A LiUienthal, Werner A Ducker, ti 2 Zer- !
now, F H Abbott A Co. L Wagner, C K Huger, Col Low. '
N Levin.,Jr, Od) G A Williams, J S Terry. H L Jeffers A
Co, A H Haydon, F S Holmes, J B Stool, Dr N A Pratt, E
H Rodgers A Co, Fuller, Lee h Co, StoU, Webb & CO,
Macullar, Williams A Parker.
Steamship Sea Gull, Dutton, Baltimore-left l5th inst.
Mdze. To Mordecai k Co, Courtenay k Trenholm, Bis- !
ley A Creighton, Dowio A Moise, Clacius A Witte, Bave
nsl k Co, H Gerdts k Co. D H bllcox, H Cobla ft Co, J
Mertens, H Bischoff & Co, H Ria tte k CO, J Jars, W?hr?
mann A Lillien thal, E H Rodgers A Co, Stol', Webb A
Co, H H Bsdenhop, J A Cook A Co, J H Graver. Thurs-1
ton A Holmes, W Marscher, Graesor, Lee, Smith A co,
C D Franke, C K Huger, Rev W B Yates, G W Steffens A
Co, J W Robson, J H Yodo?, H E Young, Adams, Frost
A Co, Porcher A Henry, R M BuUer, Laurey A Alexan- j
der, W Capers, C H Moise. B R Agents, l'art A Howland,
D O'NeUl A Son, L Schnell A Co, J Hurkamp ft Co, D A
Ammo, Bavonel A Barnwell, J A W H Armstrong, Hart !
ft Co, G Hoffman, J N Teideman, ft Co, F Kressel, and
others,
Brig A Bradshaw, Weeks, New York, 9 days. Railroad
Iron and Hay. To Chlsolm Bros, N S ll B Co, and
Order,
Sehr Moses B Bramhall (3-masted), Hussey, New York,
8 days. Hay and Railroad Iron. To the Master, NEB
B Co, O S Quartermaster.
Arrived Yesterday.
Steamship J W Everman, Tuttle, Philadelphia-left
Thursday, P M. Mdze. To H F Baker A CQ, Railroad
Agent, Hart ft Co, Southern, Express, T Claffy, Col D .
Samt, LDrtickcr, Western ft Atlantic Railroad, T A Bea- '
miali ft Co, Cameron, Barkley ft Co, Cathcart. McMiUan
A Morton, B S Rhett ft Son, W Roach, J Slattery, Bruns
At Boo, P Walsh, W O Trott, Rev Dr Bachman, B John?
son ft Co, C K Huger, Mrs C T Mackey, Goa Co, E Som?
ers, J A Roberts, W J Yates, Adams, Frost ft Co, Mrs E
Cole, J M Fegar, W Brookbank*. G W Almar, J F Taylor
? Co. E S Haw sut) ft Co, L Wuiskop t, L Lorentz, Sten?
house ft Co, W H Schaeffer. M Dowd, J H Vollere, Jef?
fords ft Co, T M Cater, C P Poppenheim, Central Bail
road, B O'NeUi, J H Jungbluth, 8 C R R Co, Chlsolm
Bros, M Tower, M C Geraghty ft Deignan, J B Duval ft
Hon, J Cosgrove, Graber & Martin, W G, G W Williams
ft Co, Klinck, Wickenberg A Co, I E Hertz A Co, Holmes
ft Calder, O N Averill ft Son, E H KeUers & Co, Mrs M E
Bogonio, and others.
Ship Golconda, Lovett, Ballimore, 7 dave, Ballast. TQ
tho Master. Touched to take on board passengers for
Liberia,
Sehr J 8 Lee, Burnell, Richmond, Va. 4 days from the
Capes. Corn. To W Bosch, B B Agent, J N Robson,
and Order.
Sehr Golden Gate, Blasland, Baltimore, 6 days from i
tho Capes. Corn. To Mordecai ft Co.
Steamer Fannie, Vincent, Savannah, via Beaufort,
Hilton Bead, ftc. 1 balo Cotton, and Mdse. To Fergu?
son ft Holmes, W H Harrison.
Steamer W W Frazier, Torrent. Edisto and Rockville.
Mdze, TQJAT Getty, and. others,
Cleared Saturday,
Steamship E B Souder, Lebby, New York-Rovenel ft
Co,
Steamship Manhattan, Woodhull, New York-Street Bros
ft Co.
Br sehr Alert, Mann, Matanzas-J A Enalow ft Co.
Sehr Marian Gage, Sheppard. Boston-W Bosch.
Went to Sea Saturday.
Steamship E B Souder, Lebby, New York.
Steamship Manhattan, Woodhull, New York,
Wont to Sea Yesterday.
Steamship Haze, Starkey, New York.
From this Fort.
Steamship Falcon, Reed, Baltimore, May 18.
Sehr Eleanor T-, Fooks, Baltimore, May 18.
Up for this Port.
Sehr S ? Evans, Hammond, at New York, May 16.
Cleared for tills Port.
Sehr L L Tapley, Perkins, st New York, May 16.
Memoranda.
The Spanish bark Ciscar, for Barcelona, and steamer
Manhattan, Austin, for Wilmington, Del, which started
to proceed to sea, have come to an anchor in the Booda,
tn consequence of strong easterly winds.
Tho sehr G W Carpenter, Fitzgerald, from Bockport,
Me, for this port, with a cargo ot lime, stone and hay,
was ashore on Body Island on the 17th inst.
The sehr Whitney Long, Hayes, from Boston for this
port, was at Newport, B I, May 16.
The 3-masted sehr Berry LandeU, Wilder, from Charles?
ton, with a carga of lumber for Newport, R I, before re?
ported ashore at Rockaway, has been got off apparently
not muoh damaged, after landing the dock load on tho
beach.
LIVXBPOOL, May L-2120 bales have been forwarded
here from the Confidence, from Charleston, on shore at
Fothard; 85 balee are now on tho quay at Duncannon,
and the remainder, 98 boles, and a few packages of loose
cotton, remain on board.
LIST OF VESSELS
UP, CLEARED AND SAILED FOR THIS PORT.
FOREIGN.
nrvKiU'OOL.
Ship R C Winthrop, Stewart, entered outward.. .April 25
Ship Amelia, Conner, sailed.March 25
Br bark FUle dc l'Air, Evans, cleared.March 30
HEWPOBT, ESO.
Tho J Coming, Hookuwuy, soiled.Aprd 16
DOMESTIC.
BOSTON.
Brig Abnor Taylor, LoweU, cleared.May 9
Sehr Jesse L Leach, Endicott, cleared.May 9
Tho Whitney Long, Hayes, cleared.April 30
Sehr Bergen,-, up.May 6
SEW Tonr.
Sehr David Faust, Lord, up.May ll
SchrShUob, Hubbard, up.May 2
Scar Helene, Alden, cleared.May 6
Behr Myrover, Hughes, up.May 0
Sehr S C Evans, Hammond, up.May 16
Sehr L L Tapley, Perkins, cleared.May 18
PHILADELPHIA.
Sehr J N Baker, Adams, cleared.May
BALTIMORE.
Sehr Foaming Sea, North, cleared.April 22
SchrSh?ob,-, up.April 24
Sehr Goldon Gate, Blasland, cleared.May 9
M. M. QUINN,
Wholesale & Retail Dealers
IN
BOOKS, PERIODICALS,
NEWSPAPERS, STATIONERY, ETC.
No. 527 KINO STREET
(Opposite Ann street),
Charleston, C. S.
Thc LATEST ISSUES ot the Press always on liand.
Subscriptions received and Goods delivered or for?
warded by Mad or Express.
All CASU ORDERS will bo promptly attended to.
February 28 ly
OA V MA, ?UOJNtt * Mc KEMI*
Liff AND COLLECTIOH OFFICE,
Nos. 39 and 40 Park Row,
ISAAC DA VEG A. )
GEORGE B. YOUNO, J NSW TOBI(
GIRARD L. MCKENZIE,)
HA VINO 8UOCEED?D Tu THF ?OBK1WH UOLLfcL
TION BUSINESS of Messrs. BIRNEY, PH**.
TIBS A FLANDERS, we will attend to the collection ol
past due and maturing olsims throughout the Units*
ates atsi Cunada.
OOM MISSION aaa FOB ALL THE STA TBA
January s
7HOS. R-AQWEW,
?CPOBTHB ASTD DlAiSB QT
FIB? ?rsMsrlM, Cnoisjsj Vam?, sta., ?u.,
Bot. KO el 981 QRIBNWICS^T,. OOM. OF MUBAXAt
.arab*
DRUGS, CHEMir ALS, ETC.
SARATOGA
"EXCELSIOR" JPRING WATER.
mHE WATER OF THIS SPRING 18 BELIEVED TO
J_ be unequalled by that of any other in the far-famed
valley of Saratoga. Ita virtues are such as have secured
it the high encomium ?of all who have used it, possess?
ing, as it does, in an eminent degree, cathartic, diuretic,
alterative and tonic qualities.
From SAMUEL HENRY DICKSON, M. D., Professor
Practice of Physic, Jefferson Medical College, Phila?
delphia, formerly of Charleston, S. C.:
PHILADELPHIA, November 16, 1869.
1 have been for a year or more past in the habit of
taking the water of the "Excelsior" Spring of Saratoga.
Accustomed during the great portion of my invalid Ute
to use the different waters of the several fountains which
boil up along that remarkable valley, dependent, indeed,
upon them tor much of the comfort I enjoy, I am satis?
fied that the Excelsior Water is aa well adapted as any
other among them, if not moro to, to the purposes for
which tbey arc generally employed. Ii is very agreeable,
strongly impregnated with tho carbonic acid, lively and
sparkling. ? ? * i eau heartily and conscientiously
recommend it to all who need a gentle cathartic and
diuretic. SAMUEL HENRY DICKSON, M. D.
The Water is put up in Pint and Quart bottles, and
packed in good order for shipping, Pints in boxea ot
four dozen each, and Quarts in boxes of two dozen each
SOLD AT WHOLESALE BT
GOODRICH, WI1MM & CO., '
Importers and Wholesale Druggists,
So. 153 MEETING STREET.
OPPOSITE CHABLESTON HOTEL.
DOWIE & MOISE,
No. 151 MEETING STREET,
Oppesite Charleston Hotel
And for sale by first class Druggists and Hotels.
January 12 6mo
TEMPUS CUEASDI WFFER KOK i ?SM
RODRIGUEZ
PUNIC EU SPECIFIC.
FOR THE CORE OF CONSUMPTION, PAINS TN THE
CHEST AND SIDES, DIFFICULTY Id BREATH?
ING, BRONCHITIS, CATARRH, ASTHMA, COUGHS,
HEMORBHAGE, and all affections of the Lungs.
This great rwivifyer is offered to the public, that all
who will avail themselves of Its remedial power may he
benefltted.
It only requires a fair trial to confirm ita invaluabla
agency in dtrfqaing through each channel of the human
ovgftntaatton a restored vitality. It invigorates and em
hues the Lungs with healthful elasticity; restores warmth,
which is their essential element; rouses the sluggish ves?
sels into activity; heala the affected lobes; purifies, and
enriches the blood; regulates the circulation; induces
(rea and easy respiration, and expels, through ito admin?
istration, each and every concomitant disorder present in
the milady recognized as Consumption, and hitherto
deemed hopeless and incurable.
This compound is perfectly safe, possessing neither
narcotic nor emetic properties, which unfortunately are
always employed aa essentials in every preparation for
Cough or Lung affection-a mistake which too often in
its Irritating and debilitating consequences, only con?
duces to much general derangement of the system, de?
stroying appetite and creating an injurious nervous ex?
citement, augmenting aune ting with troquent fatal re?
sults.
Under the influence of this approved and invaluabla
Specific the most distressing Cough yields, difficulty m
breathing and pains and soreness subside, hemorrhage
ia arrested, and health and strength re-established.
PRICE FOR SINGLE BOTTLE $1.05.
Sold by the Proprietor, northwest corner SOCIETY
AND MEETING STREETS, and the principal Druggists.
April 2_ly .
"A oralle was on her Up-health was in her look
strength waa in her step, and In her hands-PLAXTA
non BrrxEBS."
S. T.-186Q-X.
A few bottles of PLANTATION ttirrzn*
WU1 cure Nervous Headache.
" Cold Extremities and Feverish Lip*.
" Hour Stomach and Futid Breath. "
" Flatulency and Indigestion.
" Nervous Affections.
" Excessive Fatigue and Short Breath,
Pam over the Eyes.
" Mental Despondency.
" Prostration; Great Weakness.
" Sallow Complexion, Weak Bowell, Ac,
Which are the evidences of
LIV Eli COMPLAINT AND DYSPEPSIA.
It ls estimated that seven-tenths of all adult ailments
proceed from a deeeased and torpid livor. The biliary
secretions of tho liver overflowing Into the stomach poi?
son the entire system and exhibit the above symptoms.
After long research, we are able to present the most
remarkable cure for these, horrid nightmare diseases,
the world has ever produced. Within one year over six
hundred and forty thousand persons have taken the
PLANTATION Brm aa, and not an instance of complaint
has come to our knowledge I
It ls a moat effectual tonio and agreeable stimulant,
suited to all conditions of life.
The reports that lt relies upon mineral substances for
Its active properties, are wholly false. For the satis,
faotion of the public and that patients may consult
their physicians, we append a list of its components.
CA LIB AT A 1>AI1K.-Celebrated lor over, two hundred
years in the treatment of Fever and Ague, Dyspepsia,
Weakness, etc It was introduced into Europe by the
Countess, wife of the Viceroy ot Peru, in 1640, and
afterwards sold by the Jesuits f*r the enormous prie? ol
itt ovm MI right in tilter, nnder the name of Jexv.it't A?
dert, and was finally made public by Louis XVL King
of France. B umboldt makes especial reference to its
febrifuge qualities during his South American travels.
?ASOABtLLA BABE-For diarrhea*, collo and dlseiso?
of the stomach and bowels.
DANDELION-For inflammation of the loins and drop
leal affections. ..
CHAMOMILE FLOWERS-For enfeebled digestion, .
LAVZKDEB FLOWZUS-Aromatic, stimulant and tonic
highly m vigor* Ung In nervous doblllty. '
WrHTEBoaxKN-'For aorofula, rheumatism, etc ..
ANISE-An aromatic carminative; creating flesh,
muscle and milk ; much used by m others nursing. ?
Also, clove-buds, orange, carraway, coriander, snake*
cot, etc.
S. T.-M0.-X.
Another wonderful ingredient, of great use among
the Spanish ladles of South America, Imparting beaury
to the complexion and brillianoy to the mind, is yet un?
known to the com m oreo of the world, and we withhold,
ita name for the present.
IMPORTANT CERTIFICATES.
ROOHKSTEB, N. Y , December 38,1861.
Messrs. P. H. DBAXZ & Co.-I have beau a great suf
farer from Dyspepsia for three or four years, and had to
abandon my profession. About three months ago I
tried the Plantation Bitters, and to my great joy I tat
now nearly a well maa. I have recommended them in'
several cases, and, as far as I know, always with signal
benefit. I am, respectfully yours.
Rev. J. S. OATHOBM.
PHILADELPHU, 10th Month, 17th Day, 1863.
i RESPECTED PIUXND:-My daughter has beea much
benefltted by the nss ot thy Plantation Bitters. .Thou
wilt send me two bottles more.
Thy friend, ABA CUBBIH.
BHXBMAH HOUSE, C HIOAQO. Bl,, 1
February li; 1863. /
MXSSBS. P. H. DBAXX k Co.:-Please send us another
twelve cases of your Plantation Bitters. As a morning
appetizer, they appear to have superseded everything
' else, and are greatly esteemed,
Yours, ftc, GAGE ? WATTE.,
Arrangements are now completed to supply any de?
mand for this article, which bas nat heretofore been
possible.
The public may rest assured that In no cass win the
perfectly pure standard ot the PLANTATION BITTXBS be
departed from. Every dottie bean the facsimile of our
signature tm a tteel plate engraving, or it cannot be gen?
uine.
Any person pretending to tell PLANTATION BITTKM tn
bulk or by the gallon, it a swindler and inposter. Bettart
of refilled bottles. See that our Private Stamp is U?*ru
TLLATKD over tvery cork.
Sold by all Druggists, Grocers and Dealers throughout
the country.
P. H. DRAKE & CO., New York.
Arri) *' _mwf'vr
OLD RIP VAN WINKLE OIN,
GOLD MEDAL SHERRY,
PORT AND MADEIRA,
HARVEST BOURBON,
WHEAT NUTRIENT,
OLD HOMESTEAD RYE.
IN ADDITION TO OUR BU8INESS OF SELLING
WINES, etc., in original packages, and in order to
insure to consumers Pure Liquors in a compact and con?
venient form, we commenced the enterprise of bottling
and packing in cases our well known Wines, Brandies,
Whiskies, tc, and have sent them out in a style that
would preclude the pusslbUity of their being tampered
with before reaching the purchaser. The general appre?
ciation and gratifying success that has rewarded our
efforts has encouraged us to maintain thc standard as re?
gards quality, also to make Increased efforts to retain tho
confidence and patronage which has been so liberally be?
stowed upon us. BINLNGER & CO.,
[Established 1778. | Importers ot Wines. Ac,
No. 15 Beaver street, New York.
The above popular goods are pct up in cases contain?
ing one dozen bottles each, aud are sold by aU prominent
Druggists, Grocers, ic.
Opinions of the Press.
Thc name of Biningor & Co., No. 15 Beaver street, is a
guarantee of thc exact and literal truth of whatever they
represent.-If. T. Com. Advertiser.
The importing house ot Bininger k Co., No. 15 Beaver
street, is conducted upon principles ot Integrity, fairness
and the highest honor.-iv*. Y. Evening Express.
GOODRICH, WISEMAN & CO..
^^..153 MEETING STREET,
Opposite Charleston Hot
and
DOWIE & MOISE,
SUCCESSORS TO KIXG & CASSIDEY,
No. 151 MEETING STREET,
Wholesale Agents, Charleston, S. C.
January 30 wfmSmoa