The Charleston daily news. (Charleston, S.C.) 1865-1873, October 29, 1869, Image 1
0tl
VOLUME VIII.?NUMBER 1202.
CHARLESTON, FRIDAY MORNING, OCTOBER 29, 1869.
SIX DOLLARS A YEAR.
THE NATIONAL CAPITAL.
The Southern Cotton Crop?O/Hclol K?
UmMoa of tho Yield?Postal Matters?
The Troublo In North Carolina, ?tm.
, [spKCl m. TBUtOKAU to TUB nbws.]
Wasiiinuton, October 28.
The .tgrlcultural Durcau to-doy issued tlic fol
lowing report on tho cotton crop: "The area of cot
ten under cultivation was Increased last spring
rally sixteen percent. Moro than a million of
acres were added to the cultivated area. Fertili
zers were liberally used In tho Atlantic States,
and Improved Implements were to some extent
employed. These facts were taken as sure indi
cations of. a largo crop. As the season pro
gressed serious drawbacks appeared. It can
net be denied that the loss by the
drought has been severe In the Caro
linas and Georgia, greatly reducing the yield on
all upland boUb of medium depth and quality,
sensing the blooms and young bolls to fall, stop
ping the growth of thu plant, and forcing Into too
early maturity the more advanced balls. In Ar
kansas and other portions of the Southwest the
plant was also Injured by the very hot weather In
August- The caterpillar and boll worm commit
ted depredations in some sections, destroying
kerc and there half tho ciopof n county. But
their ravages wcro by no means general and al- 1
stoat universally later than last year. The picking
will bo greatly reduced In quantity and picking
season will bo over unusually early, except on
plantations short of labor. Detailed and com
plete estimates or tho aggregate yield have not1
jet been completed. There is no reason to be
hove, rrom an examination or tho Gctobur re
ports, that the preliminary aud conditional esti
mate heretofore made (of 2,750,000 bales) the only
eae msdo this season?newspaper reports to the
contrary notwithttandlng?can be exceeded. In
Mte next report wlB be given a detailed summary
of tho yield after the final reports arc received
aed carefully examined."
. The Postmaster-General's report, now bring
prepared, shows that the expenditures or the
postoffloe were two millions greater this year
and receipts nearly ono million more than last
year, showing a deflcicnoy of over one million
dollars for the present year.
Private dispatches from North Carolina indi
cate that government troops will be sent there.
pram-ram .associated rusas.]
Washington, October28.
There aro rumors or a heavy pressure ror further
postponement of tho elections in Mississippi and
Texas.
The Court or Claims has adjourned to tho first
Monday in December. - '
Mr. Low, of California, Minister to China, Is
here for Instructions.
Tho Executive. Committee of tho Union League
are here trying to raise a fond to aid the extrem
ists or Mississippi.
More than one million acres have been added to
she area cultivated for cotton.
Virginia tobacco win pay three millions of tax
?sis year. -
Lawyers regard It as certain that Ycrgor will
be brought to tho bar of the Supremo Court.
The President has ordered that all communica
tions relative to Executive business shall be pre
sented to tho appropriate departments, or no at
tention will be paid to them.
Secretary Fish has Issued a notice that no va
cancies exist abroad in the sin ; Department.
EMIOHTFUL 8TEA M no AT DISASTER
AND LOSS OE LIEE.
St. Louis, October 28.
The steamer Stonewall was burned yesterday,
forty miles abovo Cairo. Of the crew and pas
sengers, numbering two hundred and fifty, but
forty odd wcro saved. The vessel left St. i.onls on
Tuesday evening Tor New Orleans hcnvlly laden
with passengers, horses, mules, hay aud other
freight. She was burned to the water's edge. >,n
effort was made to land, but the boat was so
heavily laden that sho could not reach nearer than
one hundred yards or the shore. Great confusion
and terror prevailed with about 200 cabin and deck
passengers on board, a large proportion being
women and children. The names spread rapidly,
and scores or men Jumped into tho wntcr and at
tempted to swim to the shore, and nearly all were
lost. The pilot, eugineer, stoker, carpenter, and
ferty-four passcugcrs are known to be saved.
The captain, clerks and other Officers, aud many
passengers, aro known to be lost. All the books
and papers of the boat were lost, us were all (he
cattle and other rrelght. Many persons died after
reaching the shore rrom exposure, and the women
and children wero lost, nearly nil being burned
to death. The conduct or the passengers und
officers hi said to havo been heroic. Such an ap
palling scene has not been witnessed on thc.MIs
slssippi for many years. The saved were kindly
eared for by tho ofllcern of the Belle Memphis, and
were carried to St". Louis. The second engineer
stf the Stonowall makes the following statement:
The alarm was given at fl:30, and In ten mln
utcs tire boat was In a sheet of names; every person
had deserted ber; ull that were lost were drowned
and none were burned, or eleven women on
board but three were saved. But one yawl was
seen and that was taken possession of by some
deck passengers. The lust seen or Cnpttilu Heott
he was floating down the stream ou a log. Tue peu
, pie at Necty's saw a light and hastened to usslsl.
A gentleman rrom Paducah, Kentucky, swam
ashore with a lady, and artier entreaty returned
to nave her child, in swimming ushorc he was
grasped by a drowning man and was compelled
to shake him oil*. Fulkonon, the pilot, ami the
carpenter, were the only ones of the uroyv saved.
Another statement Is that the fire originated
from a candle which the deck passengers had
ncarsomchuy while playing cards. Thcstcumcr
was run on a gravel bar, the pilot supposing that
the passengers could wndo ashore oh the bur; but
at the end runs a slough, und here the larger
number were drowned.
X Elf S EHOM VIRGINIA.
RICHMOND, October 28.
Coloncf John Burke, Inspector of internal
Hevenue; J. P. D?stes, Win. M. Justin, and lt. F.
. Valentino, tobacco manufacturers, were arrested
last night, charged with conspiring lo defraud
the rcvenuo by means of counterfeit tobacco
stamps. All were hall '.' for trial.
Tho detectives lust higlll captured eight thous
and dollars' worth or counterfeit tobacco stamps.
Tho Klclunond Theatre was stdd to day ror
thirty-four thousand dollars to Mrs. Elizabeth Ma
gill, of New York.
Tho Agricultural Fair grounds arc fast tiding
np; there arc already foui- hundred of homo ami
cattle on tho ground, though tho fair docs not
commence until Tuesday. The mineral depart
ment, a building fifty fcot long, Is already nearly
fuU of specimens.
NEWS I'1 to AI CUBA.
, Havana, October28.
The Spanish steamers Pizarro and Astnrtos
have gone to Nassau, N. P., looking after the
steamer Lillian.
Serions fraads have boon discovered in the
bonded warehouses. Tho Judge of'tho Supreme
, Court, the Treasurer and tho Captain-General aro
personally Investigating the matter.
The farnlturo fh tho palace of S?nor Aldamos
was sold at onction by the government to-day.
The insurgent General Cavado has issued an
order to high subordinates to. burn corn-fields as
sooa a* tho cape Is dry.
y. tit ?-,-, > , . ? \
TUE ELECTION IN A It BE VILLE.
(SrrClAI. TELKORAU Tt> TUB NRW8.]
Columbia, October 28.
Wc received this afternoon the llrst returns
from the Abbeville election. At Abbeville Court
house there were 810 votes polled, as follows:
Guftln, Radical, 630; Sullivan, Radical, 630; Brad
ley, Democrat, 278; McDonald, Democrat, 277;
scattering, 7. At Bradlcy's box the Democratic
majority la 201. A disturbance is said to have oc
curred at Calhouu's M Ills, but thcro was uo blood
shed. The negroes were thoroughly organised.
Mo election, was held at the Lowndesville box be
cause the whites refused to sit with a utgro as a
manngcr. It Is doubtful how the district has
gone._
EUROPE.
Illness of 1 .-. Pea.tood.y-Farts Quiet?
Tstlrs In Spain.
London, October 38.
Mr. Pcabody Is seriously 111. Ills recovery Is
considered doubtful.
The Dublin Fenian Amnesty Association have
passed resolutions regretting Gladstone's refusal
to release tbn Fculans, and resolving to continue
the agitation and form local associations through
out the country.
s Taris, October 28.
Tho sity continues tranquil. Tho Emperor
visited the Theatre Francois yesterday.
M a nui i>, October 28._
The ministerial crisis Is ever; all parties have
agreed to postpone dltfcrcnccs. Cartnc, the in
surgent leader, Is coudemed to death.
Brussels, October 28.
The elections of deputies show n decrease of
ministerial strength.
TUE SAINTS IN HOT WATER.
St. i,oyi8, Mo., October 28.
Intelligence frsm Salt Lake ludicates a serions
schism In the Mormon Church. Stcnhousc edi
tor of the Salt i.ake Telegraph, and for many
years Brtgham Young's moat staunch supporter,
heads the defection. Ills daughter Is one of Brig
ham Young's son Joseph's wives.
SPARKS JFJtOJT TUE WIRES.
It was snowing yesterday in Philadelphia.
l'eu die to u Is appointed president of tho Ken
tucky Central Railroad.
The slew Orleans City authorities aro after the
bakers with a bharp stick about the weight of
bread.
The case of the* privateer Cuba drags on slowly
at Wilmington. The evidence was closed yester
day, and the argument beginn to-day.
A brilliant meteor, with rumbling sound and
sulphurous smell, passed over Dayton, Ohio, Wed
nesday night. At the same hour an enormous
matcof passed over Forest Station, moving cast
ward. It resembled a locomotive headlight, and
moved with a booming roar. It shook houses,
broke windows and awoke people. There were
three heavy explosions.
RELIGIO US ITEMS.
?Abbe Froppcl, a learned French theolo
gian, well-known for his reply to Renan, is
about vlBlting England for tho purpose of hold
ing a conference with somo of the loading Rit-,
uallsta on the coming Council and on reunion'
with Rome.
?A proposition matte In tho English Church
Congress by a Rev. Mr. Rligh, 'o Introduce the
feature of extemporaneous prayer into the rit
ual of the English Church, met with a very de
cided and unanimous n?gative from tho large
body of clergy and laymen thcro assembled.
?Tho Saturday Rovicw saya of Victor Hugo's
last work : "In point Of genius one of tho most
remarkable works of the year, L'Homme Qui
Rit, adds the weight of goulus to drag down
the moral standard of an age already far
enough gone toward the lower depths of mo
rality."
?Rev. Mr. Yonge, during tho session of tho
Anglican Church Congress, talked rather fa
miliarly of a certain mysterious personage
with whom "men of the cloth" arc, theoreti
cally, ut least, supposed to have very little ac
quaintance. Mr. Yonge, we arc told, boldly
commenced by attributing all doubt and diffi
culty to the Devil, lo whose rapid intellectual
progress during the lust two thousand years
ho bore "personally his explicit and courage
ous testimony." The Devil, be said, had prof
ited vastly "by experience," and had a great
many resources now of which he was not mas
ter then.
?Recently a cable dispatch was published in
Ibis country, slating that the ClvlIlUt Cattolicit
had declin ed that the IKouinenical Council, in
stead of deliberating anil settling questions by
the voice of t ho majority, would have not hing
to do but lo ratify the d?cisions already made
by Iho Pope. This is a inisstalcniont of the
posilion assumed by Hie journal In questlou.
Us argument is Hint the Pope, being the head of
the Church, hus authorlly over the Council,
ami can therefore determine what points shall
bo treated by tho assembled bishops, control
the. language of the definitions, nud forbid dis
cussion upon points which lie docs .not think
proper lo bring forward. Tlutl la to say, ho
can conflue the deliberations to a certulu list
of subject);?which Is n very dur?rent thing
from preventing any deliberation at all.
?At the opening of iho new Episcopal
Church of .St. Ann's, in Brooklyn, Rishop Mo
ll vaine, of Ohio, preached Hie sermon, and
took occasion to attack i he Ritualists In very
lively style. The Illshop said there is it very
wide belief among those who wait for the
coming of Iho Lord, that tho tlmo of Ills se
cond appearing draws near, lie thought there
was much In the aspect of the Mines to coun
tenance that ld> u. Al any rate tho Apostle's
description applies, in an ulannlng degree, to
the pr?sent generullon, in vurlous brunches ot
the visible Church. The Bishop spoke of the
Ritualists as men "who were fond of exhibit
ing an cxlrnvngnnt zeal for the whole ritual
form of godliness, lo enlarge it. to adorn it, to
Invest li with a sentimental, mystical imita
tion of spiritual life, with dcoj) hidden mean
ings mul, mysterious sanctities, a vnll of sym
bolism and a cloud of ceremony, under which
the man may hldo himself from himself, und
Imagine lie Is alive unto Cod anil growing in
in grace. Thus," ho went on to say, "Iho mi
nute rein ni ig n ml Ion of east-ofl trappings o'f
rilunlism which our reformers could not tole
rate?gorgeous sacerdotal vestments, full of
false dud line In their symbolic meaning, the
marchings, tho banners, the crosses, tho can
dles, the censers, and all those so-called im
posing Inventions which are Intended lo teach
tho profane pretence of the reofTerlng of tho
sacrifice of Christ."
?Tho poet Bryant counsels a young con
tributor to tho Post as follows: ,rMy young
rientl, I obsorvo that yon havo.used several
French expressions In your article. I think
if you will study tho English language, that
you will And it capable of expressing all the
Ideas you may have: I have always found It
so, and In all that I bave written J do not re
call an instance whore I was tempted Uxuse a
foreign word, but that, on searching, I femud a
better one In my own language."
THE YERGER CASE.
TUB DECISION OF THE VlflTEIt
STATES SUPREME COURT
1 Iff FUEL.
THE JURISDICTION OP THE COURT SUS
TAINED.
ARGUMENTS ON TUB WRIT OF HA
RRAS CORPUS TO DR HEARD.
Tho Washington papers bringub the full text
of the opinion of Chief Justice Chose in tho
Yergercase. It docs nothing more than afTJrin
the jurisdiction of tho Supreme Court to issue
tho writ prayed for?that of habeas corpus.
When Yergcr stattU be brought before the court
In obedience to thin writ, the caso will come
up on its merits; and then the Reconstruction
acts may be pronounced unconstitutional?and
then, again, they may not be. There Is abso
lutely nothing in tho Alnion which cither
touches those acts or by onpllcatiou oven re
fers to them. Hufuro the cuso thus comet) up
on its merits, Congress may oust tho Court of
its jurisdiction, and leave Mi. Yergcr' in tiio
hands ol Ids military murderers. The opiniou
reads as follows:
Supreme Court of the United States, December
7Vrm, 1868?No. 17 (Original.)?In the matter of
Kdward It. Yergcr, petition for habeas corpus
and certiorari.?Opinion of lit* Court by chief
Justice Chase.
statement of the case.
Upon the prayer or tho petttlonVr, addressed to
tho Circuit Court or tho United States for tho
Southern District of Mississippi, a writ ol habeas
corpus was directed to certain military orriccrs
holding tho petitioner In custody, commanding
them to produce his body und abide the order of
the Court.
In obedience to this writ tho petitioner whs
brought Into court liy MaJur-0 noi.il K. S. Gran
ger, who made his return, in due form, certifying
the cause of detention to be that the petitioner
had been arrested, and was held for trl.il, upon a
charge or murder by a military commission under
the act or Congress of the 2d or March, 1807, to
provide for the more efficient government or the
rebel States.
Upon this return tho petitioner was ordered
into custody or the marshal, and the court pro
ceeded to hear argument. It was admitted that
the petitioner won a private citizen or the State
or Mississippi; that he was being tried *vy the
military commission without a jury and without
presentment or indictment by u grnud jury; and
that he was not and never had been connected
with the array er navy or tho United States, or
with the militia In active service in lime or wur or
Invasion.
Upon thin caso the Circuit Court adjudged that
the Imprisonment or the petitioner was lawful,
and passed an order that the writ or habeas cor
pus be dismissed, and that the prisoner be re
manded to the custody of the military ottlccr by
whom he had been brought into cou.'t. to bo held
aud detained for the purposes aud to answer to
the charge set forth In tho return.
To obtain tho reversal or this order and relief
from Imprisonment, the petitioner now asks for a
writ or certiorari to bring here ror review the pro
ceedings or tho Circuit Court, and ror a writ or
ha bens corpus to be Issued, uudcrthc authority or
this court, to tho officer to whoso custody he wus
remanded.
its 1 H COUT A N C It.
Upon tho suggestion of the Attorney-General,
matte In view of the importun?e of the questions
wbicb will probably arise If the cose la brought
to hearing, we have heard preliminary argument
upon the Jurisdiction or the Court to Issue tho
writ prayed lor, and have carefully considered the
reasonings which have been addressed to us.
This argument, by the direction of the Court,'
was confined to thu single point of jurisdiction,
and I am now to state the conclusions to which
wc have come.
tub question of jurisdiction.
Tho general q'nostton or jurisdiction In this case
resolves 1 tacit necessarily Into two narrower ques
tions:
. 1. Has tho Court jurisdiction, m a caso like the
present, to inquire Into tho cause ol detention,
alleged to.bo unlawful and to glvo relief, if the'
detention be round to no In fact unlawful, by the
writ or habeas corpus, under tbc judiciary act or
1780 Y
2. tr, under that act, the Court possessed the
jurisdiction, has It been taken away by the second
section of the act or March 27, 1808, (16 U. S.
Statutes, 4*,) repealing so much of the act or Feb
ruary 6, 1807, (14 U. S. Statutes, 80.) an authorizes
appeals from Circuit Courts to the Supremo
Court?
Neither or those questions Is now here. The
first has, on several occasions, received very full
consideration and very deliberate Judgment.
A cause so Important as that, which now in
vokes the action of the Court seems, however, to
Justify a reconsideration of the grounds upott
which its Jurisdiction has been hitherto main
tained.
The great writ of habeas corpus has been for
centuries esteemed the best and only sufficient
defence of personal freedom.
magna CHARTA.
In England, after a long struggle, It was firmly
guaranteed by the famous Aurora? corpus act of
May 20,1079, (3 llrltlsh Statutes at Large, 3 Hal
lam Constitutional History, 10,) "for tho better
securing or the liberty or the subject,'* which, as
lllackstone says, "Is rrequcntly considered as
another magna Charta." (3 Dlackstone's Com
mentaries, 135.)
It was brought to America by tho colonists, and
claimed an among the immemorial rights des
cended to them from their ancestors.
Naturally, therefore, when the Confederated
Colonies became tbe United States, aud the form
ation of a common government engaged tht-lr de
liberations In convention, this great writ found
lieraiuncnt sanction in the Constitution. That
sanction is in these words:
"3'ho privilege of the writ of habeas corpus
sbnll not he suspended unless when, in cases of
rebellion or Invasion, the public safety may re
quirodt."
The terms or this provision necessarily Imply
judicial action, in England all the higher court's
were open to applicants for the writ, and it Is
hardly ?opposable that under tho new govern
ment, rounded un more liberal Idcus und princi
ples, nny court would be," Intentionally, closed to
ibctu.
Wc find, accordingly, that the First Congress
under the Constitution, after Refining by various
sections of the act of September 24, 1780, the Ju
risdiction of the District Courts, the Circuit
Courts, and the Supreme Court In other eases,
proceeded, In the 14th suction, to enact, '-That till
the before mentioned courts of tho United Stales
she.I have power to Issno writs or sclre facias,
ha.teas corpus, and all other wrils not specially
provided by statute which may bu necessary
Tor the exercise or their rcsp -ctrvc Jurisdictions
and agreeable to thu principles and usages of
law." (1 II. S. Stututes. 81.) lu the same section
it was further provided, "Tust either of the jus
tices or I he Supreme Court, us well us the Judges
or tho District Court, shall have power to grant
writ - of habeas corpus for the. ourposs i>f an In
quiry Into tho cause or communient, provided
that writs or Habens corpus shall In no case ex
tend to prisoners In jail, unless they are In custo
dy under or by color ofthc authority or the Unit
ed States, or are committed ror trial before some
court or the same, or arc necessary to he brought
into court to testify."
That this Court is one of the courts to which tho
power to issue writs of habeas Corpus In exprCB
ly given by the terms of this section, lias never
been questioned. It would Iisvo been, Indeed, tt
remarkable anomaly If this C.iurt, orduluud by
the Constitution for tho cxcroitc, In tho United
States, or the most important nowers, in civil
ewes, or all tho highest ennrtsof England, had
been denied, under a Constitution which abso
lutely prohibits tho suspension of the writ, ox
cept under extraordinary exigencies, that power
In cases or alleged unlawrul restraint which the
halteas corpus act of Charles 11 expressly declar
ed those courts to possess.
AI'I'KI.f.ATB AND OniOINAr. JnitlSDICTION.
Hut tho power vested in this Court is, in an Im
portant partlenlar, unliko that possessed by Hie
English courts. Tho Jurisdiction of this court Is
conferred by tho Constitution, and U appellate:
whereas that of the English courts, though de
clared and defined by Statute, is derived from the
common law, and is original. .
The judicial power of tho United States extends
to all cases in law and equity arising under tin:
Const it ut bin, the laws of tho United States, and
treaties made under their authority, and to large
classes of cases determined by tho oharactcr of
the parties or the natura of. tho controversy.
.That part or this judicial powor vested In tills
Court Is dcneed by the. Constitution .in these
words:
"In all coses affecting ambassadors, other pub
Ito ministers, and consuls, and those In which a
state shall be u party, tho Supremo Conrt shall
have original jurisdiction. In all the othor cases
before mentioned, tho Supremo Conrt shall have
appellate Jurisdiction, both as to law aud fact,
with such exceptions and under such regulations
as tho Congress shall make."
- If the question wero a new one It wonld, per.
haps, deserve inquiry whether congress might
not, under tho power to.mako executions from
this appellate Jurisdiction, extend the original
jurisdiction to other cases than, those expressly
enumerated in the Constitution, and especially In
view of the constitutional guarantee of the
writ of habeas corpus to cases arising upon peti
tion for that writ, . : -
' Buttai the ease of Marbury ts. Madison (1 Or.,
187) It was determined, opoa fuuV consid?ratloin,
iiiiSl
thai (ho power lo issue writ* of manGti'ilu* -riven
lo this court, by the thirteenth noctlon or the
judlchtry net Is, ttudur tbo Constitution, an up
pollute jurisdiction, to bo exercised only in the
revision or Judicial d?cisions. And this judg
ment has ever since been accepted tis fixing the
construction <>r this part oriho Constltnllun.
It wu* pronounced lu 1S03. In 1807 Hie same
construction Wus given to tho provision of iho
fourteenth section rchitlug to the writ or habeas
corpus. In the case or llollman und Swariwout.
(4 Cr., too.)
The power to Isruc the writ had been previously
exercised In Hamilton's aase, 1TO&, (3 CT., 448.)
und in hin Turd's case, imiu, hi neither or which
cases does tho distlnctlou between appellate and
01 Iglnai jurisdiction appear to have been made.
In the case of llollman and Swnrtwout, how
ever, tho polut was brought distinctIr heroic the
court, tho nature or the Jurisdiction. was careful
ly examined, and It was declared to be nppcllale.
The question tbcu determined baa not since been
drawu Into controversy.
DOOTIUNK of tus COKBTllVriON.
The doctrine of trie Constitution, and of the
cases thus fur, may be suuiaicd up |Ja these pro
positions:
1. The orlglnnl jurisdiction of yds court cannot
be extended by Congress to any other eases tbau
those expressly dcllued by the Constitution.
"2. The appellate jurisdiction or this court con
forcd by the Constitution extends to all other
cascH within the Judicial power or tho United
States. >
3. Tbls nppcllato Jurisdiction Is Mibjcct to such
exceptions, and must ue exercised under such re
gulations us i:uugrpsn, tn the exercise or its dis
cretion, has made or may see fit lo 'make.
4. Congress not only tins uot excepted writu
or habeas corpus and mandamus.from this ap
pellate Jurisdiction, but has expressly provided
for the exercise of this Jurisdiction by moans or
these writs. -
We come, then, to consider the drat great ques
tion made In tho case now before us.
- Wc shall assume, upon the authority or the de
cisions referred to. what wo should hold were the'
question now Tor the Ural time presented to us.
Unit In a proper case this court, under the act of
17SU, anil under all the subsequent acts giving
jurisdiction In cases .of habeas corpus, "may, lu
the exercise or its appellate power., revise, the de
cisions or Inferior, courts of tho United Kiates,
and relieve rrom unlawful imprisonment uuthorlx
cd by ihcui, except In cases within some limita
tion or the jurisdiction or Congress.'
It remains to Inquire whether the case bcrorc
ns Is a proper one rot- such Interpretation, is It
within iiuy such limitation ? In other words, can
tbls court Inquire, into the lawfulness or deten
tion, and relieve from It, ir round un law fui, when
the detention complained or Is riot ; by civil au
thority under a coin mit mem made by an inferior
court for trial lu a civil court, but by military oitt
cers for trial hero re a military tribunal, arter au
examination into the cause or detention by the
inferior court resulting in an order remanding
the prisoner to custody I
H was insisted, in argument, that "tn bring a
case wlthlti the appellate jurfsdistlon of lids
court In the souse requisite to enable it to award
the writ of habeas ?orpus, under the Judiciary
act, it Is necessary that tho commitment should
appear to have been by a tribunal whoso deci
sions arc subject to revision by tula court."
Tills proposition seems 10 assert not only that
the declslou to be rorlscd upon, habeas corpus
must have been made by a court of the United
Stales subject to the ordinary 'appellate jurisdic
tion or this court, bnt that having been made, It
must have resulted In an order or commitment to
civil authority, subject to the control or the court
muklng it. - ?
judicial AirrnoiMTiKs.
The first brauch of this proposition has certain
ly Millie support III Met zgcr'S CilRC, (& HOW., 170,)
In which It wan held that an order of commit
ment made by a district Judge at chambers chn
not be revised here by habeas corpus, i his case,
as was observed by Mr. Justice Nelson in Koine's
case. (14 How.. 103.) stand? alouc; and It may
admit of quant ion whether It cau "He entirely re
conciled with the proposition, which' wo regard
us established upon principle and authority, that
the appellate Juridiction by hauen* corpus ex
tends to nil cases or commitment by the judicial
authority of the United States not excepted froia
it by Congress. . . L
Ilut it is unnecessary to enter upon this Inquiry
here. The action which wc are 'mated to revise
was that of a tribunal whose decisions are sub
ject to revision by this court in ordinary rnoiten. '
wc need conhldor,-therefore, only the' second
branch or the proposition, namely, that the aoit?u
or the Ipfcrlor court must hare resulted lu a com
mitment for trial in a civil court, and - Hie | Infer
ence drawn from It that no relief can bo had hero
.by habeas corpus from lm prison aient under mili
tary authority, to which tho peUUKler may have
been reroanded-by such a coyft,*v?v '
This proposition, certainly, is not/supported by
auUionty. lu Koine's case aU'lhb^Jtri-e.s OXJJOp*
onorftirturtcd, directly or Indirectly, trTfe jurisdic
tion of this court to give relief In a case where
the detention won bv order or a United States
commissioner. The lawfulness of the detention
Ifad been examined by tho Circuit Court for .tho
Southern Dh.trlct of New York npon n writ or ha
beas corpus, and the court had dismissed the
writ and remanded the prisoner to custody. In
this court relier was denied on the merits, but the
Jurisdiction was denied by ono Jndgo shly. And
it Is difficult to And any substantial ground upon
which Jurisdiction in that ease can be affirmed
and denied in this.
In Well's ease, (18 Howard, 308,) tho petitioner
was confined In tho penitentiary, under a sen
tence ol death, roiamutod by the ['resident into a
sentence or Imprisonment for lire. He obtained a
writ of habeas corpus from the Circuit Court of
the District of Columbia; was brought before the
court, and was remanded to custody. He then
BOod out a writ of habeas counts from this court,
and bis cose was fully considered here.- No ob
jection tn the Jurisdiction seems to have been
taken In argument, though there, as here, It was
evident that tho actual Imprisonment at the time
or the petition for the writ was not- under tho
direction or the court by whose order the prison
er was remanded, but by a dur?rent and distinct
authority. ~
In this case or Wells, however, Mr. Justice Cur
tis again dissented, and on the point or jurisdic
tion Mr. Justice Cumphcll concurred with him.
The other Judges, though all, except one, were of
opinion that the relier asked must be denied,
agreed In maintaining the Jurisdiction of the
court. Judge Curtis, who regarded the question
as left undetermined In Kaloe's case, admitted
that the jurisdiction was asserted In this, and
stated the ground of Judgment sraTinlng juris
diction to lie that, "as the Circuit Court has had
the prisoner bcrorc It. and has remanded him,
this court, by a writ or habeas corpus, may ex
amine that decision, And sec whether It bo erro
neous or not.'*
Since this Judgment was pronounced the juris
diction In cases similar to that now before the
court has not hitherto becu questioned.
tub AUGtrUBKT consiukhkii.
Wc have carefully cousldercd the argument
against It, mudo In this case, mid arc nutislled
thai the doctrine heretofore maintained is sound.
'flic great and leading intent of Hie Constitu
tion and the law must be kept const nut ly lu view
upon the examination of every quest Ion of con
struction.
That latent. In respect to the. writ of habeas
corpus, is manifest. It is, that every citizen may
be protected by judicial action from unlawful im
prisonment. To this end, us bus been shown, the
act of 1780 provided Hint every court of the United
States should have power to issue the writ. The
Jurisdiction thus given by law lo tho Circuit aud
Dlstrlrt Courts is original; that given by the Con
stitution and the law to this court is appellate.
Clvcii 111 ; Moral terms, It must necessarily ex
tend to ul. s <ra-40 which tho Judlcul pow er of the
United States extends, other Hum those expressly
excepted.
As limited by tic act of 1780, it did not extend
to cases ol imprisonment alter conviction under
sentences of competent tribunals; nor to any
prisoners in jail unless In custody under or by
color of tho authority of the United States; or
committed for trial before some court of the
United Slates* or required lo be brought Into
court to testify. Hut this limitation has been
gradually outflowed, and the benefits of the writ
have boon expended, tlrst, In 1833, (4 U. S. Stat
lutes, 034.) to prisoners conllued tinder nny au
thority, w heller Stale or National, for any act
done or omitted lu pursuance of a law of the
United Slates, or of any order, process, or decree
or uny Judgnor court of the United States; then,
In 1842, (.' U. 9.-Slain tes, f>30,) lo prisoners la-lug
subjects or citizens of foreign states In custody
under Nulioml or State authority for acts done or
omitted by or under color of foreign authority,
and alleged to be valid under the law or nations;
und tlnally, ill 1807, (i l II. S. Statutes, 3Sfi,| to.all
cases where my person may lie restrained of lib
erty In violation of tho Constitution or or any
treaty or law of the (fulled Butte*.
This brief statement shows how Iho general
siilrlt and genius of our itislltutionsbaa tended to
the. widening anil enlarging of the haiteas corpus
jurisdiction <>r the courts and Judges or the United
Stales; and this tendency, except In one recent
Instance, has been constant and uniform; and it
is In tho light of It that wo must determine tho
true meaning of tha Constltuiion and tho law In
respect lo the apptilato Jurisdiction of this court..
Wc aro not at liberty to vxcopt from it any cases
not plainly oxccpled by law, and wo think It
sufficiently appears from what has been said that
no exception to thfa jurisdiction embraces such a
case as that now.lulore tltc rourt. On tho con
trary, the case is enc of those expressly declared
not to bo excepted front-tho gouortl grant of
jurisdiction, for it is a ease of Imprisonment al
leged to be uniawrui, and ttji bo under color of
autlrorlty or tho United States.
it seems to bo a necessary rortsentience, that
If tho appellate Jurisdiction by habeas corpus ex
tends to any case, it extends to this, it is un-1
important in wiist custody tho prisoner may be.
If It Is a custody to which he has been remanded
by the order of an Inferior court of the United
States.\. .
' It is proper to add that we are not aware of
anything In any net of Congress, except the act
of-1858, which indicates any Intention to With*
held appellate J urinant Ion |a habeas corpus oases
front this court, or to abridge the Jnrtadlcilon
derived from the Constitution, and defined by
the act of 1T99. We agree that Contrast may
withhold or abridge it, Tor it i* given subject to
ox cent Ion ami regulation by Cmigress, but It Is
too plain for argument that the denial to this
court of appellate jurisdiction In this class of
case* must greatly weakeu the efficiency of the
writ, deprive the citizen In muuy cases of Its
laments, ami seriously hinder tbo establishment
of that uniformity in decisions tipou questions of
personal rights which can only be attained
through appellate Jurisdiction exercised upon de
cisions of courts of original Jurisdiction. In the
particular class or cases of which thai-before the
court is an example, where the custody to which
thu pris-mer is remanded Is that of some authori
ty other than that of the remanding court, It Is
evident that the Imprisoned clllr.cn, however un
lawful his imprlsoument may be in fact, is
wholly without, remedy unless It be found in the
appellate jurisdiction Of-tktS court.
These considerations fdrfild any constructions
giving to ibmbtfuf Words the effect or withhold
ing or abridging tills jurisdiction. They would
strongly persuade against the denial of the Juris
diction even were the reasons for offering It less
cogent than they arc.
Wo arc obliged to hold, therefore, that In nil
cases where a Circuit Court of thu United Stales
has, la the exercise of its original jurisdiction,
caused a prisoner to bo brought before it, and
has, aflcr inquiring into the cause of detention,
remanded him to the custody from which he wus
taken, nus court, lu the exercise of Its appellate
jurisdiction may, by the writ of habeas corpus,
aided by the writ of rerfforarf, revise the decis
ion of the Circuit Court, and If it be found unwar
ranted by law, relieve the prisoner from tho un
lawful restraint to which ho has been remanded.
T1IK act op i sos.
llils conclusion brings us to the Inquiry wheth
er the ucconu section of the act of March 27. 180S,
takes away or affects the appellate Jurisdiction or
tills court under the Constitution aud the nets of
Congress prior to 1807.
We have already expressed in the MeCardle
case an opinion that it does. Hut the polut was
not carefully considered, aud we have re-cxainln
cd it. (7 Wall, 616.)
The circumstance* under which the act or 1808v
was passed were peculiar. . '.
TUB U'OAltOLZ CASK.
On the Sth or February, 1807, Congress passed
au act, to which relereucc has already been made,
extending the original jurisdiction by halieas
corpus or the district aud circuit courts, and or
tho several judges or these courts, to uU casas or
restraint or liberty iu violation of the Constitu
tion, treaties, or laws of the United .-jlates. This
act authorized appeals to this co'irt from judg
ments of the Circuit Court, but did uot repeal any
previous act conferring Jurisdiction by habeas
corpus, unless by implication, lluder this uot
one MeCardle, alleging uulawful restrulu*. by
military force, petitioned the Circuit Court ror tho
Southern District or Mississippi for tho writ of
habeas corpus. The writ* was issued anil a re
turn was made. Aud, upon hearing, the court
decided.that the restraint was lawful, and re
manded him to custody. MeCardle prayed on
appeal, under the net, to this court, which wus
allowed and perfected. A motion to dismiss the
appeal was nindo here and denied. The case was
then argued at the bar, and, the argument hav
ing been concluded, on the Oth of March, 1800,
was taken under advisement by the court. While
the cause was thus held, aud before the court had
time to consider the decision proper to be made,
the repealing act under consideration was Intro
duced into Congress, The act was carried
through both Houses, sent to the President, re
turned with his objections, rcpasncd by the con
sUtutlonal majority In each House, and became u
law on the 27th or March, within eighteen days
after the conclusion or the argument.
The effect or the act was to oust the court or Its
jurisdiction or tho particular case then liefere it
on appeal, and It Is uot to be doubted that such
wus the effect Intended. Vor will it be questioned
that legislation of this character Is unusual and
hardly to be Justified, except uponloaraimperious
public exigency.
It was doubtless within tho constitutional dis
cretion or Congress to determine whether such an
exigency existed: but It In not to be presumed that
au act passed under such circumstances was In-,
tended to h?ve any further effect than that plainly
apparent from Its terms.
it is quite cht?,thai the worda of tho act reach
not onlyJOS^SKSDb pending, but all future ap
peals to thlsVK^rt under flic act of 1807; but they
appear to be bruited to.appeals taken under that
act. , ?;
The words of the repealing sectton are, "That
so much of tho act approved February 6,18S7, as
authorizes an appeal from the judgment of tho
circuit Court, to the Sapreme Court or the United
'States, or tho exercise or any such jurisdiction by
nul Supreme Court on appeals 'which have been
or may-bo hereafter taken, be, and the same is
hereby, repealed.11
; These words are not or doubtful Interpretation.
They repeal only so much or tbo act of 1007 aa au
thorized appeals'or the" exercise or appellate Ju
risdiction by Utter court. They- affected only ap
peals and appellate Jurisdiction authorized by
that act. They do not purport to touch the up
late Jurisdiction conferred by the Constitution by
excepting from It any cases not excepted by the
act of 1780. Tkey reach no act except the act of
1887. '
It has been suggested, however, the act or 1789,
so rar as it provided ror tho- Issuing or writ* or
habeas corpus by this court was ulrsady repealed
by the act or 1887. We have already observed
that there arc no repealing words lu that act. If
It repealed the act of 1780, It did bo by Implica
tion; and any Implication which would give to It
tills erred upon the act of 1780, would give it tho
same effect upon the acts ef 1833 and 1842. If one
was repealed all were repealed.
Repeals by Implication are not favored. They
are sclduut admitted except on the ground of re
pugnancy; and uever, we think, when the fermer
act can stand together with tho new act. Ko
doubt tho exercise or appellate Jurisdiction under
the actor 1789 was less convenient than under the
act or 1887: but the provision of a now and more
convenient mode or its exercise does not neces
sarily take away the old; and that this effect was
uot Intended Is Indicated by the fact that the au
thority conferred by the new act Is expressly
declared to be "In addition" to the author it v con
ferred by the former acts. Addition Is not sub
stitution.
The appeal given by this act of is?7, extended,
Indeed, the cases within the former acts; and the
act, by its grant of additional authority, so en
larged the Jurisdiction by habeas corpus that It
seemed, as was observed in the MeCardle caso,
"Impossible to widen It." Hut this effect docs
not take from tho act its character of an addition
al grant of Jurisdiction, and make it operate as a
ropcal of Jurisdiction heretofore allowed.
conclusion.
Oar soncluslon is that none of the nets prior
to 1807, authorizing this court to exercise appel
late jurisdiction by means of the writ of. habeas
corpus, were repealed by the act of that year, and
that the repealing section of the act of 1888 is
limited in terms, and must be limited In off- et, to
the appellate Jurlsdlctlou authorized by tlio act
of 1S67.
Wc could come to no other conclusion without
holding that the whole appellate jurisdiction of
this court, In eases of habt an Corpus, conferred
by the Constitution, recognized by law, and exer
cised from the foundation of the fiovernmont
hitherto, has been taken away, without the
expression or such intent, and by more Impli
cation through the operation or the acts or 1887
and 1868. '
The suggestion made at the bar that tbo provis
ion or the act or 1780, relating to the Jurisdiction
or tho court by habeas corpus, If. repealed by the
effect of tho act or 1807, was revised by the repeal
or the repealing not has not escaped our considera
tion, we are inclined to think that such would
be tho effector 1803; but having come to the con
clusion Hint the act of 1780 was not repealed by
the act or 1867, It is not necessary to express an
opinion on that point.
'.'.'he arguincnrhavlng been conllncd, by direc
tion ot tho court, to the questlou or jurisdiction,
this opinion Is limited to Unit question. The juris
diction or tho court to Issue the writ prayed ror Is
affirmed.
ju8tick m1i.lku m3skkt8.
Associate Justice Hwaync was understood to
remark that he had bcou requested to suy lor As
sociate Justice Milter, who was absent, that the
latter dlssunted from tho opinion.
VAIUIJTIES.
? An atlvcrtlseincnt in tlio London Tele
graph announces "partial board in a bouse
kept by a lady and her daughter. Ihisacs and
boats convenient.
?Not long ago a foundling in Philadelphia
was sent to the hospital, which lends u phil
osophical reporter to remark that, "babies are
llko tooth brushes??every one wants his own."
?Two persons arc at law about tho custody
of the key of it Sunday school library in In
diana. Thu costs have already reached tho
valuo of tfirco hundred and thlrty-thrco kevs.
?Tho latest from England is that a-subscrip
tion Is being taken to erect n monument to
Adam, tho father of mankind, to be located od
tlio supposed site of tho fJttrdon of Kdcn, In
Mesopotamia.
- ?A Chinaman In California thinks that when
one man is hit by another nnd tho assailant is
lined twenty dollars, tbo monoy ought to go to
tho hit man instead of tho government This
to the way they do things in China.
?Tho boot-blacks or San Franc 1bco claim A
place among tho trades. They havo nloorooms
[ and do a good business. Two different shops
chtlm the United States championship of, the
noble, art of boot-blacking, and both proprie
tors wear belts with "-champion of the
United States," engraved thereon..
ALL A ?OVT TIIK ST i.TE.
Shooting AtTrelr.
The Spurtaubtirg Spurtun says: "Olio day
lusl week, ul it sale at Mr. Pillard Dobbin's,
.leromlal' Martin was shot III lilt) arm by H. M.
Turner. We urn Informell that the parlies
wero engaged In friomily conversation, when
Turner drew ills pistol and fired. There wuh
im Immediate provocation, though there butl
been a dltllculty between thoin come vears ago.
We 11 ii der.; ta mi that Turin-r says it was uu e in
cident."
Until Robbery.
The Kings tree Star says: "We learn that Mr.
Bradslutw, while travelling on foot in thu
neighborhood of Indiiintown, fell in company
wlUi ti young negro Imy scurcely grown, who,
while walking Just In the rear of Mr. Brad-'
show, struck him u blow on the buck of Hie
head willi a hoe which knocked lilm senseless.
The negro then rilled his pockets of ai: Um
money lie liud und mode Iiis escape. This oc
curred In day lime on llto public road."
Newberry Court.
The Herald says: "The extra term or the
Court of Common Pleas, which convened on
the llth instant, is continued to this, tho third
week of Its session. In our Judgment it gives
relief to the country, Inasmuch as the jury
have unanimously agreed that in all aute-wur
cases Judgments shall only be given Tor one
half of lite principal and Interest to tho 1st of
January, 18U1, agaiust lite principal, and one
half of tliat. sum against the si ire I les. And on
the most of tho debts contracted during the
war, the sainn rule Is applied, excapt In ex
treme cases, where the true value ol the prop
erly in looked Into, and h vordlcl given for
otic-half of that sum, In cases of personal
property, and for tho whole amount wltore the
contract was made, for real ustr'o. Contracts
imulo during' the wnr for substitutes, and all
contracts for purchase of slaves, under the
ruling of bis Honor Judge Orr, arc thrown out
of court, or held to be unconstitutional, and
cannot be collected. About four hundred liti
gated cases have been disposed of on the issue
docket."
, Hold on to Cotton.
The Spartanburg Spartan advises its readers
to hold on to. their cotton. It says : 14 Tho
mercantile interest may sutler for a short time,
but tho general adoption of tills policy will,
in the end, prove advuntaireous to all. The
merchant will receive the benetlt of wliatever
advance there may bo upon the present price,
and he ought to bo willing to wait. It Is salt)
that twenty-two cents is a gootl price for cot
ton, and farmers ought to be willing to tukn it
in preference to risking a further decline; but
we tlo not think Ibis is a fair price thin year.
There is but little over a half crop made in the
cotton States, and in South Carolina not so
much as that. So that twenty-two cents Is only
about cloven cents for a full crop. Hcdticc
eleven cents to gold nnd the farmer realizes
but eight and a half cents in goltl for his cot
ton, which was not a remunerative price be
fore the war, when labor was inne.lt cheaper
and more productive than It Is now. Wo are
now more thoroughly convinced than ever
that the decline in the price in lite result of a
cruel combinailou among speculators und cap
italists. The farmers of this district are gen
erally able to bold their cotton for some lime
yet, and we hope they will do it."
. The Murder at Horn's Mines.
The Edgcfleld Adverslser gives the following
account of the recent murder at Horn's Mines :
"On Sal unlay night, October Oth, it brutal
murtler was committed at one of the quarters
connected with Horn's Steam Mills, near Rocky
Pond, in this county. An Inquest was held by
O. H. Hart, Esq., magistrale, ami acting
coroner, and a verdict rendered by the Jury,
"Stabbed with knives In the hands of sotuo
person or persons unknown."
"It appears that Dr. Glieslcin, who had the
lease of the mill, bad . paid off hin hands on
Thursday, October 7th, and retired from the
business, deeming it unprofitable, for various
reasons. Wm. Horn, Esq., owner of the mill,
requested a neighbor, Gco. D. Tillmau, Esq.,
to employ some persons to tako charge of the
property until ho could mako some disposition
of it. Mr. Tlllman employed John I .undo u,,
(one ot tho oltl employees,) who with pis wife
Louisa London, were left on Saturday night lu
charge of the property. During tho night they
wero both attacked In their own quarters nnd
brutally stubbed to death. Hi srht shots wero
fired Into and through the house, supposed to
bo from Winchester rifles?the calibre belog
the same.
"It 1b known that Landon had somo proper
ty, and something like SRO or fno lit money.
No clue has yet been found to the murderers.
It is presumed that whoever committed the
act were In possession of the fact that the de
ceased had money, and were alone.
"The Ceroner turnctl the property Into tho
hands oi a friend of I .an don's, who has si nee
taken out letters of administrai Ion.
"The old couple were good livers and were
universally respected by the people of the
neighborhood, white and colored. Thu only
theory that can at present be formed Is, that
the murderers killed thu old man, and after
compelling the woman to show where the
money was, murdered her to prevent recogni
tion or discovery. It Is certain that they at
tempted to burn the bouse, as a piece ol burn
ing wood had been thrown upon the pallet on
the floor, and become extinguished. The
scene of the occurrence is over a mile from
any house, and the entire mutter seems en
veloped in mystery. We hope that efforts will
be made by the people In the vicinity, as well
as elsewhere, to fer rot out this matter, and
have the heartless villains brought to Justice."
Shreds of State News.
Governor Scott lias appointed Wardale O. Mc
Allister, commissioner of deeds for tho Stale of
South Carolina In New York. J. S. Steward
has been appointed notary public for Falrilcld
County. George A. Richmond, notury pub
lic of Charleston County, bus been removed.
Darlington has a steam grist mill.
-funeral Notices.
JBB->TIIE RELATIVES, FRIENDS AND
acquaintances of Mrs. laurkni a hbadon and
or Mr. and Mrs. Robert Fields, and Mr. and Mrs.
John S. Auerum, arc respect fully invited to at
tend thu Funeral of tho former, at the Morris
street llaptlst Church, Tuts Akteunoon, at half
past 2 o'clock. o?tao
itlnrrie?.
DeSAUSSCRB?MOISE.?In New Orleans. Octo
ber 23, lsitn, John M. DkSai'ssukh, Jr., of Cam
den, Soul h Carolina, to Mlas L. amok Moise,
daughter uf the late A. .Moise, Jr., of Charleston,
South Carolina.
Special Notices.
?&- NOTICE.?NATIONAL FREE D
MAN'S SAVINGS AND TRUST COMl'ANV,
CHARLESTON BRANCH, No. 74 BROAD STREBT.
Motley deposited on or before November 16 th
will draw Interest from November 1st.
ocl28 17 NATHAN HITTER, Cashier.
>ar*TIIE SECRET OF IJEA?TY LIES
In thousoor HARAN'S MAGNOLIA BALM for the
jomplexlon.
Roughness, redness, blotches, freckles, sun
joi n and tun disappear where it is applied, and n
jcautlftll complexion of pure, sntin-llkc texture is
obtained. The plainest features arc made to glow
tvlth healthful bloom and youthful beauty.
Remember Hagan's Magnolia Balm Is tho thing
that produces theso effects, ami any lady can sc
iure it for 76 cents at any or our stores.
To proscrvo and dress the hair use Lyon'? Ka
matron._oot27 wfmlmo
jiHB- NOTICE .?THREE MONTHS
if ter date application win bo made to the Bank of
Charleston for renowal of tho following CERTIFI
CATES, for forty-five whole and forty-fonr half
Shares of the oapital s took of said Bank, standing
n tho name of Dr.'ALFRED RAOUL, the original
?orlp having been destroyed by Ore: .
No. 0010 for I Shares.
No, ens for '? Shares.
No. 7078 for 20 Shores.
No. 70M for 12 Shares.
No. 7221 for l Share,
And No. 4027 for forty-fonr hau* Snares, >
octlg lattOS .
?pcciul Nolicco.
jar- OFFICE COMMISSIONERS PILOT
ACE, CHARLESTON, OCTOBER 27, 1800_Notice.
Is hereby given lu shipmasters, owners and
otliera interested, that BENJAMIN 8. albert u?
tili? iluy reinstated an n .State l'llut, Tor thu Bar
and Harber ul Charleston.
By eo'usetit of the Board.
0. B. STODDAKI),
oul29 1 Chairman.
.^?-CONSIGNEES PER STEAMSHIP
CHARLESTON aro notified that she la discharging
cargo Tutu I)at at Adger'a Wharr. Coods une ?11
ed Tor at aunaot, will remain on wharf ut owners'
risk. JAMES ADCEIt a CO., Agents.
oct?2
CONSIGNEES' NOTICE?M E R
CHANTS' LINE.?The Schooner MYROVBR wUI
dlBohsrgo cargo Tuts Day, at Adgcr's North
Wharf. Goods not called for before sunset will
bo stored at risk and expense of Consignees. Net
claims allowed after goods arc removed from the
Whaif.
o?t29 1 WILLIAM ROACH A CO.
,5E3~ CONSIGNEES PER B R IT I?
steamship D ARIEN are hereby notified that said
steamship has boon Tuts Bat ontcrcd under the
Five Day Act. AB goods not Permitted at the
expiration of that tlmo will bo sent to the Govern
ment Stores. rout. MURE A CO.,
oc12b Agents.
pgr- TO TFJ.E FLOUR MERCHANTS
AND ALL INTERESTED.?Office 1nhpkotob-;of
PLOtot, No. 08 East Bay, Charleston, October
18.?Orders for Inspection of Flour wUI bo re
eclved at this oillce from this date, and be
promptly attended to.
C. N. AVEKILL,
octia Inspector of Plonr.
?Sr CHARLESTON COUNTY?IN
EQUITY .?LAWRENCE W. O'HEAR and
CHARLES M. HESEL, and his wife,' vs. ANNA
P. O'HEAR, Adm'X., and ANNA n. O'HEAR,
Ex'x., et al.?Notice to Creditors.?In punisance
of an order in the abovo'cause, to me directed
by the Hon. R. B. C'aiu-kntkh, Circuit Judge, I
hereby give notice to all creditors of the late
JAMES O'HEAR to present and prove their claims
before me, on or before the first day op Octo
dkii nbxt. M. L. W1LRINS,
Special Referee, No. M Broad street.
inly 23 le2w
?&~ OFFICE SAVANNAH AND
CHARLESTON RAILROAD COMPANY, CHARLES
TON, OCTOBER 12,1800.?Tills company Is now
prepared to FUND TUB INTEREST DOB on the
bonds of the CHARLESTON AND SAVANNAH
RAILROAD COMPANY, endorsed by the State of
South Carolina, according to the provisions of
Section Third (3d) of an Act to enable the
Savannah and Charleston Railroad Company to
complete their Roud.
The Treasurer of the Company will bo found
at tho oillce of Messrs. CAurnKi.i. a SbabrooK,
No. 50 Broad street, on TmmsnAY of each week,
between the hours of 9 a. M. and 2 P. M. Ob
other days at the oillce of tho Company, foot of
Mill street. S. W. FISHER,
octis wfm Secretary and Treasurer.
^B-TIIE GREAT SOUTHERN REMEDY.
JACOB'S CHOLERA, .DYSENTERY AND DIAR
RUtP.A CORDIAL.?This article, so wcU known
and highly prized throughout the Southern States
as a Sovereign Remedy for the above diseases, is
now offered to the whole country.
It Ls invaluable to every lady, both married and
single. . '
No family can afford to be without It, and none
will to whom it s virtues aro known.
For sale by all Druggists and general dealers.
DOWIE A MOISB,
oetll amosDAQ _(?cneral Agents.
[.par MANHOOD.?A MEDICAL ESSAY
on the Cause and Cure of Premature Dccllno tat
Man, the trcatmont of Nervous and Physical De
bility, Ac.
There Is no member of society by whom thai
book will not be found useful, whethor such per
son holds the relation of Parent Preceptor er
Clergy man." Medical Times and Gazette. .
Seut by mail on receipt of fifty cents. Addresa
the Author, Dr. B. DbF. CURTIS, Washington*,
D. C. _septl lyr
/5?-TIIE FALL AND ITS DANGERS.?
Animal nn well an vegetable life ls powerfully af
fected by the groat atmospheric change that
takes place In the fall. But for the (lowers, the
rohago and the horbs of the Held there is no help.
Their tlmo has come and dlo they must. It U
otherwise with man. For him tho means of rcln
vlgoratlon havo been provided by skill and
solencc. To recruit his exhausted energies anal
fortify himself against ttio disorders generated1,
by the sudden depression of tompcrature and tha
unwholsome exhalations of autumn, let him tone)
his nervous system, invigorate his digestion and
give edgo to his appetite with HOSTETTER'S .
stomach HITTERS. He may thou face the mot
bid influences* of thu season fearlessly. The cii Ill
ing night dewa and heavy morning mists wttl
have no power to make biin shiver and burn, to
affect his liver, to disorder ills stomach or hlft
ho wots, to rack his Joints with rheumatism, or to
render any latent element of disease in his sys
tem active nnd dangorous. To tho sufferer front,
g?rerai debility, whether constitutional or aris
ing from other causes, this potent vegetable) spe
clflc Is earnestly recommended. And let it bo re
membered that physical weakness opens the deor
to sll maladies. Vigor is tho chief defence of tho
human Structura against all causes of disease, arid
nOSTETTER'S BITTERS may bo truly pronounc
ed the safest and surest of all invlgorants. . It la
the roost genial of all vegetable tonics, and la
admirably adnptod to tho wants and weaknesses!
of tho moro dclicato sex, as well as to tho ail
ments of man._oct25 Qdao
J^f A CARD.?A CLERGYMAN,
while residing in South America as a Missionary,
discovered a safe and simple remedy for tho cure
of Nervous Weakness, Early Decay, Disease of
the Urinary and Seminal Organs and tho whole
train of disorders brought on by baneful and
vicious habits. Great numbers have been cured
by this noble remody. Prompted by a desire t?
bcucOt the mulcted nnd unfortunate, I will send
tho rcclpo for preparing and uBlng this medicine,
in a scaled envolopo, to any ono who noeds it,
Tree of eharge. Address
JOSHPH T. IN M AN,
Station D, Blblo House,
or.U araoB*_New York City.
tar WORDS OF CHEER ?ON THE
Errors of Tonth and tho Follies or Ago, in rela
tion to Marriage and Social Evils, with a helping
hand for the orrlng and unfortunate. Sent la
untied letter envelopes, free or charge. Address
HOWARD ASSOCIATION, Box P., Philadelphia,
['a. septas Smoa
?SB- BATCHELOR'S HAIR DYE.?THIS
iplondld Hair Dye is tho best in the world; tho
inly trno and perfect Dye; harmless, reliable, in
itantanoous; no disappointment;.no ridiculous
tints; remedies the ill effects of bad dyes; In
rlgoratea and leaves the hair soft and beautiful
ilack or brown. Sold by all. Druggists and Per
Timers ; and properly applied at Hatchclor's Wb?
Factory, No. ? Bond fitrcot, Now York.
may if> lyr
PHILOSOPHY OF MARRIAGE?A
1EW COURSE OF LECTURES, as delivered at tha
lew York Museum of Anatomy, embracing tho
mbjecla: How to Live'and Waat, to Lire for;
routs, Maturity and old Age; Manhood generally
Reviewed; the Canse ef Indigestion; Flatulent?
and Narrons Dis sas ss accounted for; Marriage
Philosophically Considered, Ae, These Lectures
will be forwarded] on recetjt of four stamps, by
tddreoalng: SECRaTTART BALTIMORE hTOSHUM
OP ANATOafT, No. M West Baltimore street, Bal
Ja ors, Ma, ?pru ?wflrr