The Charleston daily news. (Charleston, S.C.) 1865-1873, March 22, 1870, Image 1
irr^T TTUff IT_N?TMRER 1259.
CHARLESTON, TUESDAY MORNING, JANUARY 4, 1870.
SIX DOLLARS A YEAR.
WASHINGTON.
[FROM THE ASSOCIATED PRESS.]
WASHINGTON, March 21.
Thc Senate is in executive session on the ap?
pointment of Bradley for one of the Judges of
the Supreme Court.
In the House, on regular call, there was
nothing important from committees.
A canvass of the Senate shows thirty-five
senators averse to the ratification ot the San
Domingo treaty.
The Senate remained in executive session
over an hour, confirming General Pleasanton,
vice Bailey, coUector of the Wall Btrcet dis?
trict, New York, and Joseph P. Bradley, Su?
preme Judge-afterwards varions petitions
were presented.
A bill was introduced transferring the ap?
pointment of revenue supervisors to the Pres?
ident.
The bill distributing arms or their equivalents
in ordnance stores to the Southern States, due
from 1SC1 to '65, was passed.
The Georgia bill was resumed. Drake's
amendment, anthorizing the Federal govern?
ment to suppress disorders and assess the ex?
penses from the people, was diseussec, but no
action taken, when the Senate adjourned.
In the House bills were introduced incorpo?
rating the Indian territory and Gu'i' Railroad,
authorizing water guages on th e Mississippi
and its tributaries; it provide? for a regular
system of observations. Also, a bill to pro?
mote commerce and amity between Mexico
and the United States, by encouraging citizens
of the United States to aid Mexico in develop?
ing the country.
A resolution was Introduced that the South
and West was entitled to more circulation. It
was referred to the Committee on Banking
and Currency.
The roles were suspended, and the bill ap?
propriating twenty thousand dollars to the Sis?
ters of Mercy of Charleston, to rebuild their
orphan asylum, was passed.
The Tariff bill was resumed, and it will be
debated to-night.
Governor Holden, of North Carolina, tele?
graphs the President to suspend the hab?as
carpus in that State. Holden telegraphs a
senator: "We have Federal troops, but we
want power to act. Is it possible the govern?
ment will abandon its loyal people to be whip?
ped and hanged ? The habeas corpus should
be suspended at once.*'
The Democrats voted in a body for Bradley
to-day. Thc vote was 42 to 9.
Th? Supreme Court decides the tender of
nay ment of taxes before sale for taxes, under
the law of 1862, was equivalent to payment.
Subsequent sale by commissioners conveyed
no title.
The court disclaims Jurisdiction in the Flori?
da claim of Commodore Meade, it having been
adjudicated in the Spanish court after the
treaty of 1819.
A CHANCE EOE THE AMBITIOUS.
The Magnificent Silver Vage that was
-tl ii dc for Grant, but > ever Presented.
"Mack" writes from Washington to the Cin?
cinnati Enquirer :
Happening in Gait's jewelry store, on Penn?
sylvania avenue, the other day, my eyes were
dazzled by a magnificent silver vase, decidedly
the finest in style and workmansnlp I have
ever seen. I was curious enough to ask its
history, and ascertained it to be this : It was
made to order, some time ago, for presenta?
tion by a number of Philadelphia politicians to
General Grant. That this was its purpose was
manifest from the designs with which it was
ornamented-a beautiful medallion of Grant
on one side, and a list of the battles and sieges
he had gone through on the other. Yet, ir so
Intended, why was it for sale ?
'.Well," said the clerk, UI don't know about
that. AU I know is that it is for sale here, at
$1200, though it cost $1500. It's very cheap at
what is asked for it. There must be nearly a
thousand dollars worth of silver in it."
The result of inquiries made since has been
to find out tbat the generous Pennsylvanians
wanted the control of a certain office, and
didn't get it. Hence they put their intended
gift in tbe market, where it now invites a pur
chaster. It offers an excellent chance to those
still anxious to take a chance in the Great
American Gift Enterprise. At a rough guess I
should say it ought to command a very good
consulship or a first-class postoffice, though
the market for the latter has been rather dull
lately, since an interior order of bull pups has
been taken at par. Persons thinking of such
an investment will get full particulars at the
jewelry store referred to. I take a deep in?
terest in the gift enterprise, and hence I give
this first-class advertisement for nothing.
TBE CONTEST IN RICHMOND.
RICHMOND, March 24.
Governor Walker and General Canby exchang?
ed letters to-day. Nothing new transpired; it
was mere elaboration of previous letters. The
city was quiet until this aiternoon, when Ben
Scott, colored, leader of thc Chahoon police,
was captured. It was in front of Scott's house
that special policeman Bush was killed last
night. As the police approached the City
Hall with Scott an excited crowd of whites
rushed in, but, after a street fight, Scott was
safely landed in the City Hall. Chahoon has
but six adherents in the third station-house.
TBE WE AT BER AT NEW TORE.
NEW YORK, March 21.
The weather seaward is very foggy.
TELZOW FEVER AT RIO.
Rio DE JANEIRO. March 21.
The%omlto still prevails, but Its ravages are
confined to foreigners.
SINKING OF A SBIF.
LIVERPOOL, March 21.
The ship Michael Hutchinson, just from Cali?
fornia, has sunk in the harbor.
NEWS FROM CUBA.
HAVANA, March 21.
Captain-General DeRodas will visit Neuritas
and Puerto Principe, accompanied by the late
rebel General Napoleon Arrango, who will as?
sist DeRodas in restoring peace.
MATTERS IN GEORGIA.
Grain receipts are very heavy at Chatta?
nooga, but in consequence of thu prohibitory
freight tariff on the State Road, ic is being
stored in the warehouses there,
The Atlanta Era says that tte mayor of
Fort Gaines recently adiourned a session ol
the council by knocking two alderman and
the clerk under the table.
Mr. James McFarlin, one of the oldest citi?
zens of Troupe County, died at his home in
that county, on Wednesday last, where he had
lived forty years. He was in the seventy-first
year of his age.
A negro named George Manning 6hot him
self badly in Savannah on Tuesday, while at?
tempting to cock a pistol to shoot a man who
was about to arrest him.
At a meeting of the board of directors of the
Columbus Industrial Association, Thursday,
John P* Iverson was elected as secretary, and
John King as treasurer. Twenty five per
cent, of the stock subscribed was ordered to
be called.
FROM COLUMBIA.
Death of Judge Dawkins.
[SPECIAL TELEGRAM TO TOE SECTS.]
COLUMBIA, March 21.
Judge T. N. Dawkins, one of the former cir?
cuit judges and a lawyer of some eminence in
this State, died at his home, in Union, on Sun
day night. His death was caused by apoplexy.
THE WOES OF WHITTEMORE.
A Great Speech at Camden.
[FROM OUR OWN CORRESPONl'i-NT.]
CAMDEN, March 19.
The resignal ex-representative, B. F. Whlt
temore, attempted to address his constituents
in this place on Monday night last, but, as re?
lated by telegram in your paper of the 17th In?
stant, was interrupted by John A. Chesnut,
a representative from this com.'; to thc Gen?
eral Assembly, who said, "You sold your ca
detship," to which "Wicked Ben" replied, "No,
sir, I did not;" and added that if he was allow?
ed to proceed and finish he would answer any
and all questions that might, could, would or
should bc put to him in relation to the sale of
the cadetships aforesaid; but the leaders of the
colored people, fearing the effect of Ben's elo?
quence, refused, and, a fight taking place
about that Lime, the meeting adjo. me j In
great disorder. The doors and windows were
both used as means of exit by the excited and
frightened crowd of women who were present.
On the following morning he spoke to an
audience, consisting in great part of women.
There was an attempt to interrupt him a sec?
ond time, but the person was gagged.
Whittemore's speech has caused a division
in the ranks of the party, the most intelligent
and influential of whom were not deceived by
his reverence.
Some of the white Republicans hold him in?
nocent, as far as the sale of cadetships ls con?
cerned, or, they believe that, if he did sell
them, he applied the money to educational and
charitable purposes.
It is remarkably strange though, that, if he
did so apply the money, he did not produce
the men who were acquainted with its appli?
cation before the committee on his trial. He
says that Logan told him that the House
would noe have expelled him, and that be
acted hastily in resigning, and the committee
had concluded that they also had been too
hasty in their report.
Does it not seem strange that he did not ^pro?
cure General Logan to put that statement in
writing, duly attested ? From what I learn,
Whlttemore will neither be the nominee of
the party to Congress, nor will he be elected
from this Congressional District.
On the 6th of April, proximo, an election
for intendant and wardens of thc Town of
Camden will be held.
Last night a caucus of the Republicans was
held, at which they nominated J. F. Suther?
land for intendant, who is a white man, and
Carduza, the county auditor. Carter and Con?
way for wardens-the two latter are colored
merchants. I learn that the party are not
pleased with their nominees.
The resolutions adopted by the press confer?
ence meet with the general approbation of our
people. KERSHAW.
THE NEW CODE.
What the Leader of thc Ncvr York Bar
Says About lt.
LETTER FROM CHARLES O'CONOR.
The Columbia Guardian publishes a very
interesting letter lrora Charles O'Conor, the.
acknowledged head of the New York bar, on
the new Code. Messrs. Pope A Haskell, of
Columbia, to whom the letter was addressed,
In a note to the Guardian say :
In our trouble about "the new code" of
practice which hos so completely upturned all
of our previous habits of thought, and with it
the wisdom and learning of ages, we took i
the liberty of writing a short letter to Mr.
O'Conor, of New York, asking the advice of
him, as a gentleman of great learning and
ability, what books of practice tinder the New
York Code (of which ours is a mere copy) he
would recommend to us for usc. Wo could
not rely upon the recommendations of pub?
lishers, and we were profoundly ignorant of
the first step and the first requisite to the
commencement of a suit-we beg pardon, "an
action." Mr. O'Conor lias kindly Bent us a
us a letter, which is so suggestive to the
to the profession throughout the St:ite, that
we submit it to you for publication.
Mr. O'Conor's letter is as follows:
NEW YORK, March 14, 1870.
Gentlemen; Your letter of tko 9th instant
reached me in my chamber, just recovering
from a spell of illness. 1 am obliged to answer
through an amanuensis, and without recourse
to any books. It is probable, however, that
memory will suffice as well as if I could have
recourse to books.
Our Code was adopted in the year 1818. It
has been added to and amended or varied at
nearly every session of our Legislature since
that time. One natural consequence of tiiis
continual fluctuation is, that iu looking at de?
cisions of our courts, giving a construction to
any part of lt, close attention must be paid to
chronology and the state of the Code at tho
time the decision was made, or that the ques?
tion arose must be closely attended to, else
the comment may be a source of error instead
of a useful guide. I say this, because I pre?
sume your copyist copied the last edition of
our Code, though, indeed, this may bo an un?
warrantable presumption, and your first step
in the pursuit of exact knowledge on the com?
plicated subject referred to should be to ascer?
tain precisely what edition he did transcribe.
We have t hirty-three judges, each authoriz?
ed to hold a Supreme Court of original jurisdic?
tion. We have eight District Supreme Courts,
called General Terms, sitting for larger sec?
tions ot territory, having appellant jurisdiction
from the single judge courts sitting in their re?
spective districts; hence, of course, a multi?
tude of jarring decisions on poiuts of practice.
No interlocutory appeals are allowed to the
court of last resort, and consequently mere
questions of pleading and practice rarely come
in review in that court. So we have no com?
mon arbiter to reconcile conflicting determi?
nations in the General Terms.
I mt'st add to this that we have three cotem
poraneous sets of reports; the samo case is
therefore often reported 'wice, or even thrice.
Two ot these series of reports are called
"Practice Reports," and profess to devote
themselves to reporting decisions on practice
only. The third is regarded as our "General
State Reports," ami as giving ull decisions of
the Supreme Court deemed proper to be re?
ported. I think this only means all the deci?
sions of the Supreme Court that this particu?
lar reporter happens to have got hold of.
These three series are: Barbour's. Supreme
Court Reports, 54 volumes; Abbott's Practice
Reports, 19 volumes, N. S. C; Howard's Prac?
tice Reports, 37 volumes.
Besides these courts and reporters, wc have
had in New York a city court, of much respec?
tability, consisting of three judges, called the
Court of Common Pleas, and another, of equal
respectability, consisting of six judges, called
the Superior Court. Strictly speaking, there
ls no appeal irotn either of these two courts on
points of practice; each has its own reporter,
and I do not know that the decisions of either
are less respected or respectable than those of
the Supreme Court. Should you desire the
volumes containing their decisions, it would
extend your purchase alone twenty-five vol?
umes.
The books that may be called books of prac?
tice under the Code, or rather the only oues I
ever have used, are Abbotfs Annotated Edi?
tion ol the Code, and Howard's Annotated Edi
tiou of the Code.
In ordering them, or either o: them, you
should be careful to call for inc latest edit
If you order ?nly one of them, you sh<
probably prefer Abbott's. This gentleman i
active practice; therein, I think, differing f
Mr. Howard. And bc has published other
works, Indicating especial attention to li
subjects on bis part, say, "A Digest of 1
York Reports," in six or seven volumes,
what he calls "A National Digest," not
completed, but which has reached its foi
volume. "Abbott's Forms or Precede:
would bc lound useful.
There are some two or three publican
called "Books of Practice under the Coi
framed upon the book-making ideas, wi
dictated such books of practice as "Sell
Impey, Tidd," &c. It has always seemci
me that a book of this sort could scarcely
useful where all the details of practice dowi
the length ol a notice of trial were cxprei
regulated by positive statute. I do not c
any of them, have never looked into one
them, and imagine that their value musl
slight indeed. Ido not remember the nat
of the author.
It may bc that a copy of our "Session Lav
from 184. to this time, would conduce to m
lng your library perfect; it would facilitate
vestlgations in thc matter of chronology,
fore suggested. Whether you procure th
or not. I would advise you to order a copi
the small pocket edition ol' the Code with'
notes. All the law booksellers herc have
It is useful in prescribing the Code alo
without the enormous mass of notes which
cumber thc annotated editions; and it conta
this very useful leature : At the commen
ment of each section which has been at i
time altered, it states thc date of each alte
tion.
The Code purports to be framed by th:
commissioners appointed for the purpo
Common fame asserts, and without contrac
tion, that I am aware of, from any quart
that Mr. David Dudly Field, who was one
them, drew the whole instrument, and n
properly be regarded as its sole author,
have reason to believe that a very large p
portion of the subsequent amendments w<
trained by him. or at least were passed nf
consultation with him by the respective co
mlttees, who from time to time reported thi
amendments to the Legislature. Mr. Fl<
was. when the Code was adopted, ever sit
has been, and now is, a counsellor at law
full and active practice in this city. It woi
seem highly probable that to him numere
Inquiries must have been addressed, similar
those coming from yon, to which I am now
spondlng. F think II not unlikely that he)
long since prepared a full and instruct]
form of answer to all such inquiries, and i
this reason, and because he must necessar
understand the subject much better than I c
lt might be well that you should address h
on the subjeat. No harm or inconvenlec
can result, for you will at least receive
courteous reply.
The Code hos elicited, and ls now the si
ject of much conflict in opinion. As fur os
can at present recollect, all the judges w
have thought fit to commit themselves on t
subject, have manifested, in a greater or le
degree, a lack of respect lor the design, t
execution, and the effect. One ol' the mt
able and temperate of them has stated th
much of the Code was framed for the me
purpose ol change in modes and of gratifyli
Its author's fancy, even where the form
mode itself could not be changed by making
change in thc name, an achievement wild
of course ls never Impracticable. I think i
careful and weil -Informed investigator wou
be likely to disputo this.
When the Code was adopted, our constit
tion required that the trial by jury in all eas
in which it had been theretofore used shoo
remain Inviolate. When the Code mingle
or allowed to be Joined In ono pleadln
claims theretofore cognizable at law only wil
claims, cognizable In Equity, it followed th
the case must be tried by Jury-; the first bram
because the constitution required it, and tl
second because there was no constitution
Impediment; and however inconvenient, r
actual Impracticability in submitting an Equli
case to a jury. You will see by looking at tl
Code that it does not in terms provide for th
express case ot mixture, but it does in tere
quite sufficient for the purpose of obeying tl
constit utional rule, designate the coses whlc
must be tried by jury, unless parties otho
wise consent. The courts, by decision, ha\
dealt with the cases of mixture In conformli
with my suggestion above statcd,-and I thin
the effect ol the decisions is that where, at tl
close of the testimony, in a case brought b
fore a Jury, there ls no common law case, tt
judge may dismiss the jury, and assuming tl
office and duties, of a Chancellor, may deck
anp Eqully case that ls presented by tl
evidence.
My personal views as to the value ol til
Code are of no Importance, and need not t
stated. All the lawyers who have been adm!
ted to practice in this State for the last twenl
years are conversant with the Code, and i
course are not experts in the old common la'
practice and pleading. Most of them are et
tl rely Ignorant of it, and you may weil imagln
that the Code could not easily be displaced b
any attempt at reaction. The Courts of th
United States do not recognize the Code, bu
adhere to the old practice, with its settled dh
Unction between law and equity. This eil
cumstance often leads to much confusion, a
you may see Illustrated In some reported dec!
Bions of the United Slates Supreme Court. 1
is truly laughable to one conversant with bot
systems lo see the blunders into which lawyer
of great ability, who have come to the ba
withing the last ten or fifteen years, some
times fall into framing u declaration, plea, o
subsequent pleading ut common ?aw, in th
Circuit Court of the United States.
There ls very little In the Code which is nev
in principle, or in respect to which, as a sub
stantial novelty, the authors could claim tin
doubtful merit of invention. The notion o
mingling legal and equitable claims or defence
inonu stilt, tn order to prevent the suitor iron
being turned out of the temple of Justice mere
ly because ho had entered at the wrong door
had shortly before been very broadly and dis
tlnctly developed in a high place, and was ii
fact the seed trom which sprang the Code-th?
commissioners merely executed it. I think
the Code contains, as 1 best recollect at this mo
ment, only one thing which can be called new
In principle, and this is an attempt utan abso
lute impossibility in prescribing the rule o
pleading. It declares in substance and effect
that you shall not plead, as in the old system
the conclusions in law or in reason from tilt
tacts of the case, and at the same time it pro
Iiibits you from stating or detailing the evi
dence merely on which you rely. You ure re
quired to state the "facts" which that evidence
conduces to prove. Herc, under the name ol
"facts," we find some things require to bi
stated which are neither in the vulgar sense ol
the word the mere fact, or trausactiou, or
event, which did occur and can be proved by
direct evidence, and arc not the genera!, ra?
tional or legal conclusions from such fact,
transaction or event.
Now, according to my conception, it requires
somebody much moro wise or more subtle
than myself, or any special pleader 1 have ever
been acquainted with, to define or lind out
what it is that should be stated in a regular
pleading drawn in compliance with this requi?
site ol' thc Code. I am not aware that any one
hos ever attempted to do it. Tho common
practice in this State is to tell your story pre?
cisely as your client tells it to you, just aa any
old woman in trouble for thc lirst lime woulil
narrate lier grievances, and to annex by way
of schedules, respectively marked A. B. C, Ac,
copies of any paper or documents that you
may imagine would help your case. This is
most emphatically a fair description of all the
pleadings which como from the office of the
chief codifier himself. A demurrer to unij
pleading under the Code is a very dangerous
step, because it is utterly Impossible lor the
keenest investigator to determine in most
cases what any other reader than himself will
understand to be the import ol' the pleading If
it be demurred to.
You may well imagine under these circ'tm
Stances that, except in tho very commonest
and very simplest of cases, lhere are no pre?
cedents which would be of use to one begin?
ning to draw pleadings under the Code. Ks
idea seems to be that every vulgar ignoramus,
upon reading them will, from their conformi?
ty to his own helter-skelter manner of think?
ing and writing, think them quite sensible and
intelligible, and Hutt a person of opposite char?
acter and habits shall always be unable to com?
prehend what they mean, and consequently be
forced to conclude that lie must suspend judg?
ment on their merits until the trial, and that
if thc parties then make out a case or a de?
fence, th? pleadings may then and there or
afterwaids be amended, as occasion may re?
quire.
I do not know that I can add any useful sug?
gestions, aud am, gentlemen, yours truly,
Cn WILKS O'COXOB.
To Pope fe Haskell, Esqs., Attorneys at Law,
Columbia, S. C.
P. S. There are four volumes, issued at an
early period, called "the Code Reporter." I
think you ought to have this book, n I recol?
lect aright, Yt was issued prior to the com?
mencement of either Abbott or Howard, and
ls the sole record of the earlier practice cases
arising under the Code. A law periodical, dis?
continued some years back, but which extend?
ed to several volumes, called "The New York
Legal Observer," may probably contain prac?
tice decisions under the Code not elsewhere to
be found. There ls now a daily law journal or
newspaper, called "The Transcript," which has
been published for some years: it contains
numerous decisions under the Code not else?
where to be found. Ii I was advising for a
public law library In your State, I would re?
commend the purchase of the last two publi?
cations. I do not know that I ought to advise
such a purchase to a single individual or firm.
I have the "Observer" In my library, but do
not even take the "Transcript;" still, it ls to be
observed that I have ready access to all the
back numbers of the latter, as they aro in our
"Public Law Library," ana the daliy issue is
there to be found.
A ORR AT JP ULT*XT ORATOR.
A Tribute to thc Late R. S. Baker, D. D.
The Brooklyn Catholic, in the course ot a
well written article on the death of this learned
and eloquent divine, says :
As a pulpit orator, he probably had no supe?
rior in his day in the English-speaking world.
This ls a bold assertion, but lt is not a reckless
one. We venture to say, that, of the thousands
who have known Dr. Baker, and have heard
his discourses at any time within the quarter
of a century now past, there is hardly one who
will not unhesitatingly endorse this Judgment.
Every one, perhaps, has his favorite preacher,
whom he regards, and would have others re?
gard, as the grand Ideal. Prejudice of lea does
much In building up opinions of this sort. Ex?
tensive travel and observation, which force
men to look at things from others' point of
view, will go far to modify their preconceived
notions; yet, in matters ol this kind, people do
not like to be disabused. They would leave
the snell unbroken. It was so with ourselves.
The more we had heard in praise of Dr. Baker's
eloquence, before we knew him, the more
rigidly were we determined to criticise him
when we should see him. Ire had encased
ourselves in a coat of mail, that no stray shalt
might wound us; we had fortified ourselves on
all sides, that no march should be stolen on us.
But we Baw, and were conquered.
Certainly no public speaker has ever im?
pressed us as he did. We have listened to and
admired world-renowned celebrities on either
side of the Atlantic-In all the walks or pro?
fessions, of various nationalities, of various
Fiolltlcal shades o? thought, of dirVrents re
Igious beliefs, and ot no religious belief
but there is not a man among them we
will except. He was the king of orators. You
did not so much hear his words as see bis
thoughts. And such thoughts ! His ideas
were living thitigs that went forth at the be?
hest of their master, and made captive the
minds ol the hearers.
In his sermons, Dr. Baker confined himself
to the matter in hand. He rend the gospel ot
the day. and elucidated that-ho never wan?
dered off into devious ways. His remarks
were at all times exactly in point; every dis?
course had a consistency with, and took Its
shape and symmetry from, the text Never al?
lured by a flower, never straining for effect,
every word had its proper emphasis, every
Bentenco its true ring. He moved along, cap?
ping each clamax, until he came to thc clos?
ing peroration, when he blazed in the firma?
ment of his glory Inspired by the firmest
faith himself, he put the objections of the un?
believer In thc Btrongest light-he proposed
things to his auditors precisely as he would to
his own mind, in the study, and solved
the problems as much for his own satis?
faction as for that of others. His style was
that of a thoroughly honest man-simple, yet
majestic. You looked In his fuce, and tell. lime,
his great soul believed what his tongue gave
utterance to. lie detested shams, and never
set up a man of straw, to knock him down
again. Descending from the region of dog?
matic theology, he Blood on scientific ground,
and fought tlc adversary from behind his en?
trenchments.
We see him now at the altar, his majestic
form erect, bis head hosted with the snows ol
three-score winters. He brings up the objec?
tions, which he throws forward in the shape
of interrogations. Every lineament ol his face
is expressive; his eye ls lit up, and magnet?
izes all within its circle. An exposition fol?
lows-the exposition ls like a new revelation.
Then, with head bent In thought, he slowly
Ilaces the altar platform. In this way, evident
y intent on his subject rather than on his con?
gregation, he marshals his ideas in line of bat?
tle. His forces massed, he stands and gives
the charge. Ha ! one note from his clarion
blast le worth ten thousand men. He ad?
vances ! Defence after defence gives way be?
fore bim; the field 1B swept; the enemy is pur?
sued to his last stronghold; the citadel is storm?
ed and carried. The retreat of the foe is turn?
ed into a rout ! The red tempest that succeed?
ed the lightning flushes was awful.
The fitting stage for Dr. Baker's genuls was
New York. Here the press would, willingly or
unwillln rly. be brought to aid him and his
work. The printing press is, so to speak, the
renewal of the gift of tongues in our day. Il
multiplies words a thousand fold. A man,
physically, speaks face to face lo a thousand
the newspapers make him speuk to a million.
In thc Empire City, then, Dr. Baker could
have addressed the country from a central
position
But that great man, that ever glorious priest,
"The best of the good,
So simple in heart, so sublime In the rest,
With nil that Demosthenes wanted endued,
And his rival or victor in all he possessed,
sought not applause. His life was hidden in
God; and he shrank from the gaze of au ad?
miring world as from the eyes of thc basilisk.
Born of Protestant parents, In the year 1807,
in the C ; nty ol'Kilkenny, Ireland. Dr. Baker
came over to this country and studied for the
priesthood under Hie auspices of thc celebrated
Dr. England, first bishop of Charleston; was
made assistant at the cathedral; and, in 1847,
became the successor ol' Dr. Lynch, the pres?
ent illustrious bishop of that diocese, at St.
Mary's Church. Afterwards, he was appointed
vicar general and administrator of the diocese.
He was also connected with the Very Rev.
Dr. Corcoran in the editorial management of
the United States Catholic Miscellany, pub?
lished In Charleston-the first Catholic paper
established in this country. These are the
simple facts of his life. His studious cast, and
his humility, which titled him more for the
cloister than lor church honors, would allow
him to accept no dignities except such as Hie
imperative command of his superiors thrust
upon him. Of late years, he was obliged to
lead a very secluded life because of his ailing
health; and lie could preach only at intervals.
But his course is finished now. His work is
done.
Wo cannot close without a passing tribute to
the few noble companions of Dr. Baker. We
have already spoken or them-England,
Lynch, Corcoran. Bishop England's name isa
household word in every home at the South
the negroes amid the canebrakes and on the
rice fields have him in their traditions. Bishop
Lynch is as widely known, aad as widely re?
spected, as any American prelate of our day.
Certainly none* has a greater or more deserved
European reputation than he. Concerning him
tile Catholic World-having had occasion to
call up his name some time since, in reference
to u certain weighty proposition under consid?
eration-made use of these words: "The Judg?
ment of the distinguished author just cited
may be taken as a summing up of the verdict of
a great bo.lv ol' scientific men, given on scien?
tific grounds.'' Anything, in addition, from
the writer of this would be simply impertinent.
Dr. Corcoran towers up another pillar. For
profound erudition, aud extensive theological
learning, lie is, confessedly, net outranked in
this country. At the second plenary council
of the Bishops ol the United States, held in
Baltimore, in 1807, he was made secretary to
that august body. When the Holy Father,
Borne two years ago, conceived the thought ol
convoking an (Ecumenical Council, learned
divines were looked out from among all nations
and summoned to Rome to arrange prelimina?
ries. Dr. Corcoran was the man chosen by the
Bishops of America to repesent them as their
theologiar. there. He is now acting as one ol
the Pope's iheologtansin the council.
As to numbers, the little diocese of Charles?
ton is among the least of the princedoms of
Judah-in point of fact, it is not equal to the
half of one of mir huge New York parishes:
but see the lights that shiue around that church !
GOLD AND BUSINESS.
Prospects for the Spring Trade In New
York-Wall Street-The Specie Pay?
ment Spurt-Sacrifice of Dry Goods,
?fcc.
A New York letter of the 17th instant says :
Trade is recovering from the paralysis
brought on by the decline in gold, and most
of the large houses are now quite busy. Plenty
of Southern buyers are on hand, and the West?
ern men begin to flock in pretty fast. There ls
not much likelihood of a really active spring
trade, but it will probably be better than was
expected when the gold crash came. Stewart
and Claflin are turning ont an immense
amount of goods dally, but I doubt if they are
making money. There has been a great de?
cline in prices and most of the sales now made
afford no profit, while in many cases, as I am
informed by wholesale men. goods are sold
much below the prices at which they can be
replaced. This means, of course, that when
the new stock comes in prices will be higher.
Wall street Is again comparatively quiet, the
late whirlwind having blown over, and the
bulls and bears being engaged in taking breath
for another scrimmage. The excitement du?
ring thc latter part of last week was quite as
Bedlamlsh and bewildering as that witnessed
when gold was kiting above 200, but lt has
subsided, temporarily at least, and a stranger
might go into the Gold Room now without
imagining himself in a lunatic asylum. The
specie payment spurt, started some ten days
ago by a few enterprising saloon keepers, ls
fast exhausting itself and may not hold out
much longer. Fisk still keeps lt going at his
Opera House-on a rather small scale, though,
and at some other places small silver ls silll
given out in change, but unless gold falls to
par, or very near it, this specie payment move?
ment won't last.
Another correspondent writes :
The sale of consigned dres3 goods by A. T.
Stewart & Co., and of silks by Mr. Cow di a and
Rutter, Luckmeyer & Co., through the auction
house of Townsend, Montant & Co., ls the sub?
ject of general comment by the trade as to the
motives which prompted lt, and Its effect.
There ls no difficulty in arriving at the precise
motive. Dress goods were slow and difficult
of sale by the ordinary methods, and extra?
ordinary means were required. The ef?
fect of the sale will unquestionably be to es?
tablish a market rate and attract purchasers.
The auction was well attended, and although
the dress goods did not bring their cost, they
brought more tnan was expected. The silks
not the best-sold for as much, many of them,
as they bring at some of the jobbing nouses. I
should suppose that about four hundred cases
of dress goods-German. French and English
were offered, valued at from four to ?ve hun?
dred dollars a case. The English and French
descriptions obtained the best prices. The
German, as they are the most Inferior in quali?
ty and design, and have been imported in
large quantities, were the least sought for. In
the present condition ol' trade it ls not only
desirable but necessary that the market shall
be met boldly. The attendance of such an un?
usually large number was due, In part, to the
belief that the firm first mentioned was selling
silks, but they never sell this article in that
way, as their Bilks are ordered for a regular
trade for which they have uncommon means
of distribution.
FOREIGN NOTES.
-Adelina Patti is said to invariably wears
necklace of raffled silk, with an immense dia?
mond in the centre under the chin.
-Thomas Carlyle pays only $125 for the ren'
of his house, and has never seen his landlord.
He is periodically directed by an attorney tc
pay rent at such a place, and he suspects thai
the cheapness of his tenement is brought aboui
by the connivance of friends.
-Another case of spontaneous combustion le
reported by L'Union Med?cale, In an article
from the pen of Dr. Bertholle. The subject o
lt was a woman thirty-seven years old, whe
was addicted to alcoholic drinks. She wm
found In her room with the viscera and some
of the limbs consumed, the bair and clothei
having escaped. The very minute descriptloi
of the state In which the deceased was fount
shows that ignition could not have been com
municated from without.
-The other day a wealthy French country
man, whose son was studying law in Paris
paid a visit to his hopeful scion at the capital
After dinner, father and son took a strol
through the streets, looking at the various fim
buildings. Finally, they stood still In front o
a very remarkable and characteristic building
"What building is this, my son ?" inquired tb
father. "I don't know, papa," replied the son
"but I will ask the Sergeant de Ville, who 1
standing behind us." The Sergeant de Viii
informed them that it was the law school
where the young man was believed to hav
attended lectures for a year past.
-A Paris correspondent of the New York Hei
aid, has had a special Interview with Pierre Bi
?aparte, now in confinement in La Conciegerl
Prison, in that city, for shooting the late Victo
Noir. On entering he found the Prince sittln.
neal- the larthest window, conversing with si:
gentlemen. The scribe was cordially wei
corned and immediately introduced to th
Princess, who was seated on a sofa near by
The Prince was dressed in a blue cloth Jacket
buttoned to the throat, and voluminous trow
sers of a lighter color; he also wore gloves an
spurs. In the course of conversation th
coming trial was but little referred to, an
never with apprehension as to Its result Th
only one of the party on whose brow could bi
occasionally detected the slightest anxiety wa
the Princess. The frank, open bearing of th
Prince enlisted the sympathy of all. After
lengthened visit the correspondent rose to dc
part; the Prince took off lils glove, crossed th
room, shook hands and thanked him for tai
call. The Impression the Interview left upoi
the mind of thc writer was that the Prince i
more deserving of pity for the distressing pc
sltiou in which he Is placed, than of thc vite
peral ion and abuse which have been so uc
mercifully heaped upon a man awaiting tria
for a crime the punishment of which ls death
-The reforms in the French electoral law
projected by Olllvier, lt is asserted, will glv
to the country a proper representation of al
parties in the Legislature. The law provide
that France shall be divided into electoral cir
cumscriptions, containing about 25,000 voters
but heretofore the government has been in thi
habit of arbitrarily rearranging the district
60 as to secure majorities for Its supporters
This system prevails to a moderate extent ii
the United States; but as the redistricting onl;
occurs at fixed interrals, the evils are not 8<
great as if, previous to every election, the ex
ecutive were to shift the precincts so as to se
cure the return of official candidates. "Get
rymandering," however, has failed to r?gul?t
the elections in Paris, and, as a natural conse
quence, that large city hos become the centr
of the most violent partisans, and returns sud
candidates as Rochefort. The new electora
law, it is asserted, will return to the corree
principle, and divide the departments int?
electoral districts without regard to thc polttl
cal predilections of the voters. But as ever
new experiment may result unfavorably ti
the wishes of the projectors, so Ollivler fear
that the territorial electoral districts will ri
turn members hostile to his administration
and hesitates about sending to the Corps Leg
islatif the draft of the law. It is asserted
however, thal before a change can posslbl
take place Ollivler will certainly hold ollie
for eighteen months.
THE OLD NORTH STATE.
Bonds, Carpet-Baggers and Natives
The Legislature Intervene.
In the following letter a North Carolina cor?
respondent gives a statement, in a nutshell,
of the financial muddle in that State :
Before the war there was a large number of
men in this State who were Old-line Whigs.
Among them was a speculator in merchan?
dise named George Washington Swenson.
After the war was ended, and when the State
(North Carolina) Convention came up, "in the
course of human events," Swepson gained no?
toriety as a lobbyist. He cultivated the friend?
ship of a man named Littlefleld, who had come
from Philadelphia, and whose ancestors were
among ihoee of the Pilgrims' ancestors who
came from New England to the Quaker me?
tropolis. Littlefleld had known W. W. Holden
when he was In mediocre circumstances, and
when Holden was the sole editor of the Raleigh
Standard, a Radical Republican paper pub?
lished In North Carolina. When Holden be?
came Governor he ostensibly sold out to Lit?
tlefleld. Holden, who controlled the State
Legislature, secured the State printing for Lit?
tlefleld, and Littlefleld and Holden went
''snacks" on the profits of the State printing,
which was an agreeable proceeding for them.
Swepson and Littlefleld embraced, and then
they took in W. J. Hawkins. The trio formed
a ring. Sixteen million dollars tn bonds were
Issued for proposed railroad enterprises. The
ring got control of the disposition of those
bonds. Only $1,300,000 of the bonds has been
accounted for satisfactorily. Swepson has fled
the State. The State Legislature has issued
the following :
The Qentral Assembly of North Carolina do
enact. That all acts framed at the last session
of this Legislature making appropriations to
railroad companies be. and the Bameare hereby
repealed. That all bonds ot the State which
have been Issued under the said acts now In
the handB of any presidents or other officers
of the corporations be immediately returned
to the Treasurer.
That the moneys in the State Treasury which
were levied and collected under the provisions
of the acts mentioned in section one of this
act are hereby appropriated to the use of the
State Government; and shall be credited to
the counties of the State, upon the tax to be
assessed for the year 1870, In proportion to the
amounts collected from them respectively..
-It is in Wyoming Territory that women
suffrage reigns In all its glory. There women
sit on juries and administer laws. The last
grand jury drawn at Laramie shows a clear
majority of female names. A short time since
the Governor appointed several ladles Justices
of the peace, and they have entered upon the
duties of their offices. The single miners seem
to like their female Judges, and pay great re?
spect to the court; but if a man li caught
drunk, or aa erring sister arrested, both are
pretty sure to be locked up as long as the law
will allow. The "female courte" have no com?
passion for masculine tippling or feminine
lrallty.
Railroads.
^TERSBURG RAILROAD.
OFFICE PETERSB?RO RAILROAD CO., ) .
MAKCH 12, 1870. )
On and after SOND?T, l?th instant, the Train;
will ruu as follows:'
PASSENGER TRAINS.
Leave Appomattox Depot daUy (Sundays ex
ceptcd,) at 6.40 A M. and 4.16 P. M. Arrive a
Weldon dally at 8.20 A M. and 7.16 P. M. Leavi
Weldon at 0.50 A. M. and 3.30 P. M. Arrive li
Petersburg at 9.60 A. If: and 6.46 P. M.
Only two Trains on Sundays, viz: Horning Ex
press Train going North, and Evening Expr?s
Train going Sonth.
FREIGHT TRAIN.TO WELDON.
Leave Petersburg forWeld?n daily (Sunday ex
cepted.) at 11.30 A. M. Arrive at weldon dally a
6.25 P. M. Leave Weldon at 9.40 P. M. Arrive lt
Petersburg at 3.45 A. M.
FREIOHT TRAINS TO GASTON.
Leave Petersburg for Gaston on WEDNBSDAYI
and SATURDAYS, at 6.16 A. M. Arrive at Gastoi
at 12.20 P. M. Returning the same day, leav
Gaston at 1.16 P. M. Arrive at Petersburg at 7.1
P. M.
The Depot will be closed at 6 o'clock P. M. N
goods will be received after that hour.
R. B. PEORAV,
mch22 Imo General Superintendent.
O' PENING OF THE SAVANNAH AN]
CHARLESTON RAILROAD.
rTTT nrn I ?lui nm i miu.im.nm ) rm u^jiuiufi
SUPERINTENDENT'S OFFICE, )
MILL STREET DBPOT. J
CHARLESTON, March io, 1870. ).
On and after FRIDAY, 11th March, there will h
DAILY COMMUNICATION between Charlesto
and Savannah. Passenger trains will run as fo
lows:
Leave Charleston.8.30 A. M.
An ive in Savannah. 3.00 P. M.
Leave Savannah.11.00 A. M.
Arrive m Charleston. 6.00 P. M.
C. S. GADSDEN,
mchll Superintendent.
NORTHEASTERN EALL?OAD.
SUPERINTENDENT'S OFFICE, )
NORTHEASTERN RAILROAD COMPANY, }
CHARLESTON, S. C., March ll, 1870.)
On and after SUNDAY next, the 13th instant, tr,
following Schedule will be run by the Trains c
this Road :
DAY EXPRESS.
Leave Charleston.9.30 A. 1
Arrive at Florence.3.00 P. ?
Leave Florence.11.15 A i
Arrive at Charleston.5.00 P. ?
THROUGH NIGHT EXPRESS.
Leave Charleston.6.30 P. 1
Arrive at Florence.12.00, Midnigh
Leave Florence.1.46 A. J
Arrive at Charleston.7.30 A. I
Both of these Trains make close connectto
with the Throuzh Trains to the Northern Cities.
The Night Express will not run on Sundays.
The Train* on the Che raw and Darlington Rai
road conneet with the Day Express to and froi
Charleston. S. S. SOLOMONS,
mchll 10 Superintendent.
s?
UTH CAROLINA RAILROAI
I
GENERAL SUPERINTENDENT'S OFFICE, 1
CHARLESTON, S. C., Sept. 16, 1869. j
On and after Thursday, September 16, the Pa
sengcr Trains cn the South Carolina Railroad wi
run as follows:
FOR AUGUSTA.
Leave Charleston.8.30 A. :
Arrive at Augusta.4.45 P. 1
Connecting with trains for Montgomery, Men
phis, Nashville and New Orleans, vi&Montgomer
and Grand Junction.
FOR COLUMBIA.
Leave Charleston.8.30 A. i
Arrive at Columbia.4.40 P. 1
Connecting with Wilmington and Manches!?
Railroad, and Camden train.
FOR CHARLESTON.
Leave Augusta.8.00 A. i
Arrive at Charleston.4.00 P. 1
Leave Columbia.7.46 A. li
Arrive at Charleston.4.00 P. I
AUGUSTA NIOHT EXPRESS.
(Sundays excepted.)
Leave Charleston.7.80 P. J
Arrive at Augusta.6.10 A. 1
Connecting with trains for Memphis. Nashvil
nd New Orleans, via Grand Junction.
Leave Augusta.4.10 P. 1
Arrive ai. Charleston.4.00 A. I
COLUMBIA NIGHT EXPRESS.
(Sundays excepted.)
Leave Charleston.6.05 P. 1
Arrive at Columbia.4.45 A. S
Connecting (Sundays excepted) with Gremvll
and Columbia Railroad, and on Mondays, Wedne
days and Fridays with Charlotte and South Car
Una Railroad.
Leave Columbia.5.50 P. 1
Arrive at Charleston.5.30 A. 1
SUMMERVILLE TRAIN.
Leave Charleston.2.60 p. ]
Arrive at Summerville.4.10 P. 1
Leave Summerville.7.10 A. 2
Arrive at Charleston.8.25 A. 1
CAMDEN BRANCH.
Camden and Columbia Passenger Trains c
MONDAYS, WEDNESDAYS and SATURDAYS, and b
tween Camden and Ringville daily, (Sundays e:
cepted,) connects with up and down Day Pa
sengers at Ringville.
Leave Camden.6.35 A. 1
Arrive at Columbia.ll.oo A. 1
Leave Columbia.1.45 P. 1
Arrive at Camden.6.00 P. 1
(Signed) H. T. PEAKE,
septie General Superintendent.
gEloth,mg and irnmisrjing wooos.
NNOUNOEMENT
E??RAORD IN AR Y
B?SINESS TO BE CLOSED \
: . ?.K . . -.. . : pa r.:
THE SHORTEST POSSIBLE TIMK.1
, : .. . -aii ftu"
Haring determined to close ont' our business In
this city, we offer our stock, (which ls nearly an of
our own manufacture) adapted'to the condos;
spring and sommer, at lower prices than bare
ever before been seen in Charleston for flrs?clai?
goods. Below we give the closing ont prices:
[ 200 pair ALL WOOL CHEVIOT AND CASH?
MERE PANTALOONS at $4 each; sold at $5 tm
$7 50. 300 pair AU Wool Light and Dark Colored
Diagonal and Fancy Cassi mere Pantaloons, at ti
each; sold at $6 to $8. loo pair All Wool Fancy
Cassimere Pantaloons at $9; sold at $> to $12.
loo E. W. Coats and Sacks at $8 each; sold at tu
to $15. 100 E. W. Coats at $9 each; sold at $12 to
$15. 76 E. w. Coats at $10 each; sold at sis to
$n. 60 English Frocks an% Coats at $12 each;
sold at $15 to $17. Black Dress and English Frocks
at $16, $18 and $20; sold at $22 to $30. Lot or
French?Cassimere-Sacks at $14; sold at $20. . Lot
of Vests at $1 each; sold at $8 to $3 50. Lot of
Vests at $2 each ; sold at $3 to $4. Lot of Vests st
$3 each; sold at $4 to $5.
Flannel, Alpaca, Drab d'Et?, and Linea
Sacks, Linen Pants. Linen, Marseilles and Dues:
Vests, all at naV their valne.' Entire s took of Par*
nishing Goods marked down.
Goods all marked In plain figures. ; > .
ONE PRICE, AND NO DEVIATIOIt.
MAC UL LAR, WILLIAMS & PARKER,
NO. 297 KINO STREET, ,.
mchS tun?simo CHARLESTON, S. 0.
Cigars, Sobocar,"- &t.
rp HE CHARLESTON;
CIGAR MAN U FA 0 I ? EJf
NO. 314 KING STREET, CORNER SOCIETY. ;
CHARLESTON, BJ C. n*l
j . '?' "vf ri
CIGARS.
LA CAROLINA, per thousand.......$20 M
La Carolina, No. 1, per thousand............ 22 co
Ls Corona de Espa?a, per thousand. U.25 co
El Bouquet, per thousand.\C.. ; ..... SO 00
La Candeur, (smallcigars,) per thousand.... 86 ss
Partages, (Havana Seed,) per thousand.40 St
H. Upmann, (Havana,) per thousand......... 6S SS
Figaro, (Genuine Havana,) per thousand. 76 SS.
Jenny Lind, (Genuine Havana,) per thousand 8S 0S
As ail these Cigars are made under my especial ?
care and supervision, I can warrant that all win
smoke well and give satisfaction at the prices.
IMPORTED CIGARS OP DIFFERENT GRADES.
LEAF TOBACCO FOR MANUFACTURERS..
I haves large and well assorted- stock of Bo
mestic and Imported Leaf Tobacco, such as con?
necticut, Pennsylvania and Ohio J Wrappers sai*' !
Filling at ail prices. Also, Havana, .from fl Hint
at $120 upwards to wrappers (Prima) at $2 60 per ?
pound.
NEW CIGAR BOXES
. :.' ll : a
For Cigar Manufacturers, with labels ready for
packing.
SILE RIBBONS FOR CIGARS AT ALL PRICES. .
ALSO, , .
LARGE STOCK OF SMOKING AND CHEWING
TOBACCO AND PIPES.
Merchants and consumers are respect fully so?
licited to call before purchasing elsewhere.' '1 Bttav
faction guaranteed. ! .
All orders from the country, will be promptly
executed. JULIUS MADGES.
febis stathSmos
?tacriinerrj, Castings, &z.
pHONIX IRON WOBKS.
ESTABLISHED 1844.
I . "?. . . .; .. :. ?. ci '!.< .;ii".ito:tl
,J . . . ,. i" (j ; ; . itpW
JOHN F. TAYLOR ? CO.,
:.. .. ? . :. ,. il :..*...:.>:.'.lia
SUCCESSORS TO
CAMERON A 0 0.,
ENGINEERS, BOILERMAKERS, d?a,
Noa 4, 6, 8, 10 AND 12 PRITCHARD STUBS,
(Near the Dry Dock,)
CHARLESTON, S. 0.
STEAM ENGINES AND BOEOERS-MAJUHK,
STATIONART AND PORTABLE.
RICE THRESHERS AND MILLS OF EVERY DE?
SCRIPTION.
SHAFTING, PULLEYS AND GEARING.
IRON FRONTS FOR BUILDINGS.
CASTINGS OF EVERY KIND, IN IRON OS
BRASS.
Guarantee to famish ENGINES AND BOILERS
of as good quality and power, and at as low rates,
as can be had in New York, Baltimore or Phila?
delphia.
REPAIRS PROMPTLY ATTENDED TO.
mcti2 3mosD?c "
?lisrcllancons.
J) RA T T'S "ASTRAL" OIL
Unlike many other Illuminating Oils, Is per?
fectly pnre and free from all adulterations or
mixtures of any kind. It emits no offensive
smell while burning, gives a soft and brilliant
light, and can be used with the same assurance
or safety as gas. Chemists pronounce it the
best and safest Illuminating Oil ever offered to
the public; and Ins ura nee Companies e~ dorse sad
urge upon consumers the ase of the "Astral" Ott
in preference to any other. It is now barned by
thousands of families, and in no instance has
any accident occurred from Its use: a lamp filled
with it, If upset and broken, wUI not explode. T?
prevent adulteration, the "Astral" OU Is packsd
only in the Guaranty Patent Cans, of 1 Milos,
and 6 gallons each, and each can ls sealed in s
manner that cannot be counterfeited. Every
package with uncut seal we warrant. Bo sore
and get none but the genuine article, Pratt's "As?
tral" Oil, for sale by dealers everywhere, and st
wholesale and retail by the proprietors
OIL HOUSE OF CHARLES PRATT,
No. 108 Falt?n Btreet, New York,
Postofflce Box No. SOM.
Send for circulars, with testimonials and price
Usu. Enclose stamps for copy of the "Astral
Light.?
For sale by GOODRICH, W1NEMAN A COL,
Wholesale Druggists. Charleston. S. 0. dec.? _
^OTS LIKE A CHARM!
THE GENUINE ENGLISH CHLOBODINE,
JJ. COLLIS BROWNE'S,)
Is the best Anodyne ever Known to the profes?
sion. To be bad of DB. H. B A ER,
nov3 No. 131 Market street.
?PHAM'S ANTIDOTE FOR STRONG
DRINK.
A SURE CURE FOR DRUNKENNESS.
One Dollar a Bottle. Sent by man, postage
paid, on receipt of price. ;
The Antidote Is the beat remedy that can be
administered tn Manla-a-Potu, and also for al
nervous affections.
For sale by Dr. H. BAER.
No. 181 Meeting street,
octa Agent for South carolina.