The daily phoenix. (Columbia, S.C.) 1865-1878, April 28, 1870, Image 2
COfcTJMR?A; S. C.
TarirBday-S??Tnin?r, April' 28,1870.
Thc Polle}* of "iVtvcr Despair."
Whatever donbts rnay exist in the
minds of the opposition, os to the mode
of political activity in the coming State
canvass, there i can be no difieren ce of
opinion as to the policy individual, po
iilical or industrial of NEVEJ? DESPAIR.
Tho people Of tho South have had a
hard, rough road to travel since our
wearied columns gave up the fight at
Appomattox. -But no unprejudiced ob?
server will deny that they have in peace
supplemented their virtues in tear-men
and women alike. They have manfully
gone to work, and in spite of the politi?
cal cross laid upon their shoulders, have
.borne themselves bravely up, and toiled
mau folly\<on. We have Buffered and
toiled with our people, and now we send
forth our voice, taking a lesson from tho
new life that nature is now again putting
on, as,seen in the glorious vegetation so
luxoriRtitiy breaking forth under tho
meglo influence of our soil and Bkies, wo
bid them work on in the spirit of NEVER
DEBI* AIR. We have in our State, and in
.our1 Ruction, great and .untouched rc
nour a ea... Le>t us go on in developing them.
We may diversify our pursuits, and thus
give play to all the energies of our popu?
lation. We can do more work, and do
it bettei%\than ever before, if we have
rrsTJDS, work them, and by improved
machinery and moro thorough cultiva?
tion mnko tip for the lack of numbers.
If we Ttffvii FACTORIES of WOOD," OT IKON,
Or LEATHER, ?r COTTONi Or W?OIi, Or PA
FBB, or om, or aught else, work them to
the fall capacity of means. If you have
HINES of ipopper or iron or gold, develop
them. If you have PLOUGH, LOOM or
ANVIL, let eaoh do its part. If yon have
RAILROADS, build them np. Whatever
of material development that we may
have, let ns bear in mind that industrial
development is the source of wealth,
power, influence and freedom.
Nor be unmindful of our political ob?
ligations. The material regeneration of
South Carolina is now retarded by the
regime over us. We need REFORM in that
department. Let, then, the obligations
Of the citizen be not overlooked, and in
this behalf let good men do their whole
duty. Wherever the power of the bal?
lot is evoked, rally, organize, work and
vote, for tho interests that bang npon
tho issue aro near and dear to us all, who
expect here to live and here to die. Let
no doubt come to foil us in our "just
intent." We repeat, let us "never
despair." Even a virtuous effort is a
success, and there is vast powerina firm
PURPOSE and a high R?SOLVE.
THE OBSEQUIES OF THE LATE RICHARD
YEADON.-We observe in our Charleston
exchanges, that tbe remains of the lute
Biohnrd Yeadon were borne to their rest?
ing place with well-deserved demonstra?
tions of respect. AU classes of the com?
munity united in these sad rites. It was
meet so to do. Mr. Yeadon was a large?
hearted man, and a highly endowed one.
He was self-made, honest, brave, just,
independent-theso high qualities de?
serve tho recognition which Charleston
bas given of tho merits and works of
Bichard Yeadon.
-? ^ ? i
THE GREENVILLE AND COLUMNLY RAIL?
ROAD COMPANY.-The stockholders have
their annual meetiug to-day. It will be
a most important meetiug, nud will, pro?
bably, mark an era in tho history of the
road. It is said that tho control of the
road has passed into new hands, and
that decided changes will be made. Oni?
on ly concern is, that the public good
shall be subserved.
-?-*-?-?-?
THE FinsT TRAIN ON THE PORT ROYAL
RAILROAD.-We are advised thut the first
train on the Fort Boyal Railroad com?
menced running yesterday, and will con?
tinue to ruu daily, from Jamassee to El
Bonville. It is expected that trains will
ran to Allendale, fifty-eight miles, within
thirty days.
Major Sigorney, who some time aince
made some noise in the literary world by
olaiming to be tho author of "Beautiful
Snow," committed suicide by shooting
himself near New York last week.
A well-known clergyman has been lec?
turing on "What Men are Made of." If
he could tell us what women (of fashion)
are made of, his discourse would be ab?
sorbing.
Sunday night, a fire destroyed tho six
story building at.the corner of Fourth
Avenue and Ninetieth Street, Now York
loss $?G5,000.
The ship Thomas Freeman, Cnptaiu
0. Owen, from New Orleaus, bound to
St. Petersburg, Russia, hus been en?
tirely destroyed by lightning.
A meteoric stone weighing about 5000
pounds, is reported to have fallen re?
cently near Monrzouk, tho capital of
Fezzan, Africa.
New York city estimates its population
ot 1,000,000, of whom, 15,000 own all Hie
real estate.
An ico-house laborer being killed by n
lump of ice fnlliug on his head, tho ver?
dict was "Died of hard drink."
"Month" is tho solo unrhymablo mo?
nosyllabic in the English language.
Barnwell -rs. BlacfcvlU?.
Oar readers will remember the facts,
upon whijBh a eise was recently made be-;
fore Judge Melton, at Chambers, to com?
pel, by mandamus, the restoration of tbe
word "Barnweil," erased by tbe Secre?
tary of State from tbe Codo, and to com?
pel tbe giving of a certificate of this por?
tion of tho Act as it was enrolled and
ratified. As the case excited geuwrnl in?
terest, wo publish Judge Meltou'a opin?
ion, omitting tho statement of tho plead?
ings and facts, with which our madera
are already familiar, and including sovc
ral material paragraphs, which, in tho
publication made by several of our con?
temporaries, were omitted:
Whilst disclaiming the imputation of
improper motives, on the part of the
Secretary of State in making the erasure,
the nrgumentof the counsel for the rela?
tors in denial of his authority thus to
spoliate an enrolled Act of the General
Assembly, is elear and conclusivo. That
he was personally charged, by inference,
with the supervision of the clerical force
employed in the work of enrollment,
i seems to be aa indifferent matter. It
ceased to havo relation to his duties the
moment when the parchment was de?
livered f o the "Committeo on Enrolled
I Acts." It then became tho duty of tbia
I committee to see that the will of tho Le?
gislature was therein truthfully cxpress
! ed, and it is theirs to bear tho responsi?
bility of any dereliction in thia high and
most important office; In reference to
enrolled Acts, the law does not in terms
prescribe any duty to bo performed by
the Secretary of State, except that of
publication. It has been the custom,
however, in this State, to entrust them
to tho custody of his office for tho fur?
ther purposes of reference and safe keep?
ing. Beyond these purposes, ho is to
them aa utter stranger-more i nd i fi?rent
than the adjutant to the orders of his
commander, or the clerk to the records
of tho court of highest resort.
Tho consideration of this proposition,
if it can be entertained with patience, ia
simply idle; there can be no doubt about
it. It was to avoid tho remote contin?
gency of spoliation that the solemn forms
of ratification were provided in the early
history of Parliament, and have been
with so much of ceremony observed to
this day; forms sufficient in themselves
to suggest that a writing so attested must
bo held sacred-not to be profaucd by
any hand-not to be altered oven by tho
powers that made it, save aa other laws
aro changed, through the prescribed
forms of legislation. (Black. Com. 185.)
Tho discretion to alter a word, whatever
tho motive, implies the right to alter a
paragraph or o section, or, indeed, to
blot from the statute book the whole
body of our laws. Among the statutes
of our State instances of clerical error
in enrollment will be found-errors
which were denounced by tho people
upon whom they worked hardship und
fraud; but which, whilst they Aver? cured
by menaure of repeal, remuiued as they
wero written, untouched. Such errors
may again occur; yet, whatever of wrong
may thereby ensue, bears uo comparison
to that which surrenders a solemnly rati?
fied Act of the Legislature to the discre?
tion, however wise, of any authority
whatever, by a mere dash of tho pen, to
make ;thu laws aud put iu jeopardy the
liberties of the people.
But it does not follow from this con?
clusion that the writ must issue. To
make this plain, it ia necessary to cite
authority, in definition of this process,
and of tho rules which control the court
in tlie exercise of this high aud extraor
dinnry prerogative.
Sir Wai. Blackstone, 3 Com. 110, de?
nnes the writ of mandamus at comtnou
law to bo "a command issuing in the
King's name, from tho King's Bench,
aud directed to any person, corporation
I or inferior court of judicature, within
j the King's dominions, requiring them to
do some particular thing therein speei
I Heil, which appertains to their oilice and
duty, and which the court bas previously
I determined, or at least supposed to be,
consonant with right and justice."
In England, it ia denominated a pre?
rogative writ; because, the King being
I the fountain of justice, it ia interposed by
Iiis authority uud transferred to the
King's Bench, to prevent disorder from
a failure of justice, when the law has es?
tablished no specific remedy, and when
iu justice and good government there
ought to be one. lu America, the au?
thority to issue thia writ does not exist
aa a prerogative power of tho courts,
but is tleriveel by grant from the govern?
ment, through tho constitution or legis?
lative onactinenta. (Moses, on Manda?
mus, 1G, 17.)
It ia gruntable where a person Ima n
legal right to insist that a certain act
ahull be dono, the performance of which
ia, by law, made the duty of a public
officer. (Ibid, 18.)
Beferring to officera of tho executive
department of the Federal Government,
it ia laid down by the same authority,
that they may be compelled, by manda
I mus, to perform any sp?cifi?e ministerial
tluty, distinctly and clearly imposed bj
law, and as to which they have no right
to exercise their judgment or discretion:
but not tho general duties of office, noi
those several and inherent functions
which may be implied as incidental
thereto. Aud it is udded, that thia rule
undoubtedly applies to the samo cuses
against the heads of department of State
Government-the Governor himself be
iug compellable "to perform au aol
clearly defined nnd enjoined by law, wbicL
ia merely ministerial in ita nature, and
neither involves discretion, nor leavei
any alternative." (See Moseaon Manda
mus, G3, 73, 82, uud cases there cited.)
It waa urged by the respondent that il
did not pertain to tho iasno involved tc
determine the propriety of his oonducl
in making the erasure and substitution
suggested by the relators. On tho con
trury, his misconduct in this regard, fur
nishes the ground on which I must ref us?
tho writ. It was not bis officiul duty tc
do the spoliation; by necessary conse?
quences, it ia not his official duty to re
?toro tho erasure; and tho Court cannot
by mandamus command it to be don?.
That hb' touched it with his pon was
wrong, it ip a homely old maxim, "Two
wrongs never made a right." The era?
sure, whilst it remains, cannot reach the
integrity of the Act; "it has not the
effect to destroy its charaoter or legal
effect." Greenl. Ev.. 566. Tho facts of
this investigation being developed, the
law, if law it be, continues "presumed
to bo lodged iu every man's mind al?
ready."
lu "Angel and Ames on Corp.," 691,
it is said: "A mandamus lies merely to
command that to ba dono which ought
by law to be done, und uot to order the
undoing of that which ought not to be
doue; aud hence, it will not lie to order
a railway company to toko the seal off
from the register of shareholders, on the
suggestion that it was affixed without
authority and contrary to the provisions
of a Statute." Ex parre Nash 15, Q. B.
92.
I come to tho second proposition of
thc rule: That tho Secretary bo required
to give to the relators n oertified copy of
the Act as it was enrolled, ratified, and
approved, and placed in his office. In
determining this, I pass by tho consider?
ation of tho danger involved by tho pre?
cedent of requiring au oQicer to certify
from memory a paper not in existence,
ns well as the consideration that the writ,
if granted, would bo nugatory and una?
vailing. Whether the relators have the
legal right to have the certificate de?
manded, depends upon tho conclusive
proposition whether tho granting of it is
a clearly defined ministerial duty of the
office of tho Secretary of State. This
I determined affirmatively, it must bo as?
certained whether, iu the sound legul
discretion of the Court, the thing de?
manded would bo "consonant with right,
justice, and good government."
In the Constitution, Art. 3, Sec. 23, it
is provided that the duties of the Secre?
tary of State shall bo prescribed by law.
In the Statutes various duties are en?
joined, but, GO far ns my research has
gone, nothing in this point. We find,
however, in Petigru's Code, page 81,
note, that "tho duties of the Secretary
of State are to be iuferred from the fees
which are allowed him, aud from the
penalties for official misconduct;" and
tho law provides for this office a fee per
copy-sheet for the copying of any writ?
ing, and also a fee for "a testimonial
with the great seal of tho State." If the
law provided by special enactment for
tho Secretary's custody of the enrolled
Acts, I would regard it us au inference
that ho should, upon request, give to any
party in interest, n certified copy of any
Act ou file, ii pou tender of such fees.
As it is, the casus omissus is one of tho
Legislature, and so far ns this Court is
concerned, whatever may be, iu morals,
the duty of tho Secretary consequent
upou his conseut to keep custody of the
records, renders the duty, in its legal
character, not clearly defined aud doubt?
ful; and because the right ns to tho cer?
tificate is doubtful, and tho correspond?
ing duty not clearly defined, the writ based
upon the second requirement of the rule
must also bo denied. 8 Pit. 291.
This COUCIUMOU would bo entertained
with something of hesitancy, if it were
not fortified by considerations, touching
the propriety of tho writ in this case, tc
which, in tho exercise of my discretion,
I deem it proper to refer.
lu Marbnry v. Madison, 1 Crunch. 170,
Chief Justico Marshall said: "It is not
by tho office of the person to whom the
writ is directed, but the nature of thc
tiling to be done, that the propriety oi
impropriety of issuing ?i mandamus is tc
bo determined."
Much of tho learning of tho argument
in behalf of the relators was directed to
the point that, tho statute being a record
of tho highest dignity, and of the high
cs tja nd most absolute proof-indeed, thc
very law itself, as it was enid-no aver
ment against it could be admitted. This,
as a rule of evidence, is clearly es?
tablished, and applicable certainly when?
ever such record is offered in evidence.
But is it applicable when t'jo deed is
impeached for forgery or other fraud, oi
even for mistake, when tho integrity ol
tho record itself, aa in this case, is thc
matter iu issue? Jf so, would not thc
aigu ment prove too much for the relu
j tors, aud compel thom to take tho statute
as it now reads? But, whatever may bc
I the doctrine of tho English law, it is nu
established principle in thiscouutry thal
it is competent for tho Court to look be?
hind tho printed .statute to tho Etirolleil
Act, and behind tho Enrolled Act to thc
journals or other records ot tho Legisla
ture, to ascertain-not perhaps what thc
law means-but, whether inconformity
with the prescribed forms of the Cousti
tutiou or for whatever other reason, il
bo in fact tho law. Cooley, 153, 154; 5
Hill, N. Y., 43; 4 Hill, ?. Y., 390; 25
Wendall, 291; 1 Denio, 10.
lu accordance with this rulo, it ii
shown by tho return aud accompanying
affidavits, aud records, that the Aot, nc
passed by the two Houses, reads Black
ville; that it so read when it reached thc
Respondent's office for enrollment; thu!
by a clerical error in the process of en
roll m cut, tho word Barnwell was subs ti
tuted; aud that tho Act thus in error wat
ratitied, approved aud placed in the cus
tody of the offico of tho Secretary o:
State. The facts of tho Return were noi
traversed, and roust bo taken to be true
It follows that this third paragraph o:
Section 19 of tho Act in question, as il
was enrolled, ratified and approved, wai
not passed by tho General Assembly
und therefore is uot the law; that th?
paragraph which was passed instead, wai
uot presented to the Executive for ap
proval, and became void for want of con
formity to tho provisions of tho Consti
tutiou, in this regard; and that th?
paragraph, whether spoliated or not
however it may once have read or nov
reads, is invalid aud inoperative.
It is impossible to avoid the oonolu
sion, ia view of the declared purpose o
tho relators, that tho certificate of tlx
Secretary of State in this instance, if
availing, would operate to give legal
effect to that which is not only illegal,
bat directly against the will of tho Geno?
ral Assembly. And to com pol a cor ti ti?
ento to such end, in the exercise of the
high and consummate power of Manda?
mus, would be to prostitute rather than
to promote its most beneficent object
the purposes of "right, justice, and good
government."
The motion for tho writ is denied by
an order, heretofore issued, discharging
tho rule. SAMUEL. W. MELTON.
Allen Wright, principal Chief of tho
Choctaws, has Heut an able message to
the special sessiou of Conucil. Ho warns
them by reference to the fate of their
territory in Mississippi, of what it will
bein the proposed territory of Lincoln.
He advises that their lands be surveyed
and held in severalty, and that tho Choc?
taws organize themselves at once as the
State of Oklurhuruma, aud apply for
admission into the Uniou, aud if it in
the honest, de.siro of tho Government to
have them become good citizens, it will
acquiesce in the petition. Ho also re?
commends an immediate protest against
a territorial government, and the adop?
tion of a resolution asking the Govern?
ment to settle the status of the freedmen,
and recommends encouragement to rail?
road building. The Council subsequent?
ly passed au act submitting the question
of a divinion of lands so as to bu held tu
severalty, oras heretofore, common, to
a popular vote on the fourth of July.
Judge Cantwell, a native of Charles?
ton, who is now on the beuch of North
Carolina, fined n gentleman named
Holmes S IOU, for addressing a colored
alderman by bis given name, Anthony,
in a trial in which tho latter was a wit?
ness. Mr. Holmes claimed that be bad
known Anthony Howe for a number of
year3, and always addressed him as "An?
thony."
Minnesota points with pride to a wo?
man in that State, eleven years aud eight
mouths old, and weighing eighty pounds,
who is tho mother of a babe, a girl,
which at its birth weighed seven and a
half pounds.
Mr. Solomon, desirons of extensively
introducing tho "Old Carolina Bitters"
it being a most excellent tonic ns well ns
a pleasant beverage-keeps an urn con?
stantly lilied on his counter, for the con?
venience of all persons desirous of test?
ing their virtues before purchasing. This
preparation has been extensively used
by some of the principal families in the
State, who guaranteo its purity and efli
le.y.
In order that the merits of tho "Old
Carolina Bitters" shall be fully tested,
aud every person be beuefitted by them,
Mr. Solomon will give it gratuitously
to such persons in ill health as are una?
ble," from indigent circumstances, to
purchase them.
Beef, Pork, &c.
FULTON Market Beef, Fulton Market Tick?
led Pork, and Northern Beans, tor sale at
CANTWELL'S,
April 2-1 1_Midi) street.
ARRIVAL
OF
SPRING SHOES.
\ gf? THE Ladies that have been
)NIT\. wailing for tho arrival of those
extra lino SPRING GAITERS,
W? ^O^? .-an now bo supplied, hv calling
at J. MEIGHAN'S
April 28 1*_Shoe and Hat Store.
Acacia Lodge Ko. 94, A. E. M.
A REGULAR communication of this
Lodge will bo held in Masonic Hall,
ITU 14 (Thursday) EVENING, at 8
o'clock. Members aro requested tu bo punc?
tual in their attendance, as business of im?
portance will bo brought beforo the meeting.
Bv order of tho W. M.
April 23 1 J. LEE DIXON, Secretary.
OS- A meeting of the CRAFT will ho held
immediately after tlie closing of Acacia Lodge.
By order of tho Board.
Proposals are Invited
TO furnish tho Southern and Atlantic Tele?
graph Company 20,000 Telegraph Poles of
durable timber, deliverable on or before tho
Ural day of June, 1870, on thu lim* of tho
Charlotte, Columbia and Augusta Railroad, or
any navigable stream in North Carolina,
South Carolina or Georgia. Said Poles tobi?
as full o ivs: 25 feet in length, 0 inches in diame?
ter at the top. squared at both ends; hark,
limbs and knots all removed, with sui face lett
smooth and clean. Parties desiring lo supply
thc whole, or any part of tho above, will ad?
dress with full name and post oflicc address,
JOHN B. LAFITTE,
No. 20 Broad stroet, Charleston, S. C.
April 28 t h i_ _
Valuable Property for Sale.
THU undersigned will offer tor jg*.
salo, on tho first MONDAY in Octo- Rjijl
ber next, (if nut disposed of pre?
viously, ) tho valuable propcrtv, known as the
CONGA REE RACE COURSE, situated two
miles from Columbia. The tract contains 125
acres, moro or lesa. A amati brick Cottago is
attached. Also, a COTTAGE, containing six
rooina, on Gervais street, near Pickons. An
excellent Well of Water on tho premises, and
all necessary out - buildings. Tho propel ly can
bo treated for privatoly by applying to Robert
Bryce, Eau. Terms, ono-half cash, balance in
ono year. WM. H. PURYEAR.
April 28 th?_
Notice.
E.V.GOVERNOR J JUN L. MANNING has
this day boon appointed a Special Agent
ut thc Southern Lifo Insurance Company.
April 27 3 J. H. MILLER, Oen'l AgonL
To Rent,
THREE good Storo ROOMS, on Richard?
son street. Also, fivo ROOMS, abovo
_the Lanier House, Apply to
April 27 3_D. B. LEWIS
150 Bales Prime Eastern Hay.
ANOTHER lot of primo TIMOTHY and
CLOVER, just received and for salo hy
Apr? 27 2_J/* GOB LEVIN.
Butter and Cheese.
CHOICE Goshen BUTTER and primo
Factory CHEESE, jual roceived, and for
salo low hy J. T. lt. AGNEW.
April 27_
Sngar Cared Hams.
S)f\?\ CHOICE Sugar Curod HAMS, just
?t\J\J received, and for salo by
April 27 J. & T. B. AGNEW.
"ir" j, i.
XZsOOA-X Items.
The long and the abort of tho lost
fashion ediot is, that no more short
dresses are to be worn upon the street,
and that the long dust-sweeping skirts
nro to rule again. Thus n pnir of things
of beauty and joys forever, which we
have enjoyed the Bight of for two or
three years, aro to bo veiled in oblivion,
oxcept, perhaps, on occasional breezy
days. We need not say how much the
discontinuance of this sensible and
pretty costume will bo regretted. Noth?
ing can be more ridiculous than long
trailing skirts upon the streets.
SUPREME COURT, April 27.-The Court
met at 10 a. m. Present-Chief Justice
Moses aud Associates Wright nud Wil?
lard.
lt. S. Gilliam, plaintif!' iu error, rs.
W. S. McJuukin, defendant iu error,
continued.
The case of John Alexander, et al., vs.
John McKenzie, el al., was resumed.
Mr. Popo for defendant. Mr. Carroll
on tho sume side. Mr. Chamberlain in
reply.
The State rs. Sidney M. Brown, cl al,
habeas corpus. Mr. Maurice was heard
for petitioners. Mr. Porter for the State.
At 3 p. m., the Court adjourned uutil
Thursday, at 10 a. m.
PATENT ELASTIC SPONGE.-This is a
new material recently introduced iuto
the market. It is desigued ns a substi?
tute for curled hair nud feathers iu mat?
tresses, pillows, cushions, Sec. The
sponge is a product of tho ocean, and by
manipulation it bus been utilized and
mado a valuable article. It is claimed
that it is elastic, cleanly, enduring and
cheaper and better than moss or hair or
feathers. It is said that it has been tho?
roughly tried and not fouud wanting.
We saw on yesterday at Mr. Stenhouee's
store, a specimeu mattress and pillows.
Wo were favorably impressed. Our
townsman, Mr. Samuel E. Capers, is the
ngent for this new kind of mattresses
and pillows. Give the thing a trial.
COTTON STATES LIFE INSURANCE COM?
PANY.-We may bo justly proud of the
brilliant and rapid success of this South?
ern enterprise. Avoidiugall osteutntion
and any claim to superiority over similar
institutions, but with a generous good?
will for the prosperity of them all, tho
agents of tho "Cotton States" have
quietly and steadily pursued their ho?
norable aud beneficeut labors, uutil they
have achieved a success which, thus far,
we believe, is unparalleled in tho history
of American Lifo Companies. The in?
terests of tho South Carolina policy?
holders are well represented by South
Carolina Directors iu tho management at
Macon. It will bo seen by the advertise?
ment that tho Advisory Board of Policy?
holders for South and North Carolina,
hos been organized. With such a man
us Gen. Richard H. Auderson, (un old
corps commander,) presiding over this
Board, the "Cottou States" Company
needs no further endorsement in South
Carolina.
I With a full appreciation of tho scope
of their work, and tho importance of a
wider diffusion of correct information on
the whole subject of life insurances, tho
State agents, Messrs. Laval, Black Sz
Gibbes, have established a depot for in?
surance literature and statistics in gene?
ral, ut their oflico in Columbia, next to
I Carolina National Bank.
J CRUMBS.-Tho stockholders of the
Greenville and Columbia Railroad will
j assemble in Convention at thc Nickerson
j House Hull, this morning, at 10 o'clock,
j Ex-Gov. John L. Manning has been
. appointed special agent for thc Southern
J Life Insurance Company.
Mr. Shiver is nguiu in the field; and
' announces that, according to custom, ho
directs strangers as well as residents to
the place where bargains eau bo obtain?
ed. Seo advertisement.
Tho "Race Truck" property is offered
for sale. Hero is a capital opportunity
for any one desirous of investing in a
really valuable tract of lund.
The answer to tho questiou, "What is
a house without a baby?" is, "Well,
comparatively quiet."
Mr. LyBrand, with tho Post Band, re?
turned to Columbia, yesterday, after a
short sojourn in Charleston, where their
musical performance was highly com?
mended. On Monday night, they sere?
naded Gen. Lee.
Messrs. Lowrance & Co. have an in?
voice of California wines and brandy,
which is not only rensonoblo in price,
but is very puro und palatable.
Tho New York papers say tho spring
suits for Indies there aro ornamented
with everything, "from Jucob's ladder
to a pen-wiper, in silk."
McKenzio is dispensing strawberries
und cream-thu first of tho season.
John W. Forney thiuks that next to
Butler and Sumner, ho is thc best hated
man in tho South. Cor-rect.
The PHONIX returns ito thanks to tho
members of the "Arsenal Hill Band" for
a pleasant seronade, this morning.
There was a "hop" at the Nickorson
House, lust night, participated in by a
number of citizens iiud visitors.
William Smith, Esq., of Washington
City, is somewhat of a curiosity-gatherer,
aud has quito au extensive private
museum. Shortly after tho close of tho
war, several soldiers called at his placo
of business mid offered for salo a fire?
man's trumpet, of solid silver. He pur?
chased it, ami, upon examination of the
inscriptions, discovered that it belonged
to the Independent Fire Company, of
this city. Mr. Smith immediately noti>
fled the company of the matter, and
shortly afterwards returned the trumpet,
with his compliments, to the original
owners. Mr. Smith is making a tour of
the South, and arrived in this city on
Tuesday, and being accidentally recog?
nized, was the recipient of many a cor?
dial shake of the hand-a slight tribute
to his disinterested liberality.
HOTEL ARRIVALS, April 26.-Nickerson House.
G Hyman, Chester; ll C Capps, Charlotte; H
T Martin, Baltimore; Mies Bottie Hammett,
Minn Fannie Hammett, Miss Mary Hill, E P
Hammett, Thomas Sterne, O Dudley, Green?
ville; George I. Heaton, New York; Thomas M
Wilkes, Laurens; Thomas Thomson, Mrs It S
Hil), two Masters Hill, Abbeville; John Stuart,
Miss Mauroni Stuart, Ninety-Six: Mrs J Y
Frotwell, Master Fret well, Mr and Mrs Wm
Clark, Miss Wilhite, It C Smith, H P Fant, An?
derson; John Baubkctt, baltimore; B F Mat?
thews, Alabama; H J Donnison, Cheraw; M
Drucker, Charleston; H J Cromwell, New Or?
leans; J M Seigier, Newberry.
Columbia Hotel.-Vi It Cathcart, Cit j; W H
Evans, Chariest OL; II M Perry, A W 'J liaren,
Charlotte; 'J' A McCormick, N Y; P Ambo, Mo;
A S Parsons. N Y; H T Farmer, N C; 8 G Hoo
soy, Charleston; J P Adams, J S lian aban.
Richland; J W Marshall, Abbeville; Thoa B
Jeter, Union; Miss R C Connor, Miss E Con?
nor, Cokesbury; W T Brandea, L J Johnson,
two Misses Johnson, H TTustin, W T Brancb,
W ll Mooro, J A Wise, Abbeville; H W John?
ston, N Y; W H Perry, F t? McBeo, T H 8tokea,
A Blytho and wife, Peter Cauble, G Addison,
Sr., A McBeo, Jr., Greenville; W Y Fair, S
Pope, Newberry; J B Sutton ard two eons,
Pendleton; W A Lay, Perry ville; J J lapford
wifo and child, Duo Went; DBeeman, wife anet
Master Henry Beeman, Walhalla: P Bligh, Po
maria; A Huila. D C; B F Putt, Md; E B Sea?
brook, Charleston; G W Poar.N C; J 8 Green,
City; C B Foster, Spartanbnrg.
Hendrix House-J N Frick, E Qaattlobaum,
Dr Hobbs and lady, Lexington; W H Miller,
Tennessee; \V Loury, Cincinnati; J L Brock
and ladv, Linnea Path; L W Worteman, Gaj
S F Houston, Charleston; H C Moaely, J F
Bobb, Tho? J Monett, A Moffatt, JE M..fielt, G
A Motfstt, D Werts, T L Wheeler, F M Bowor,
N H Yontul, J Dennis, J M Bowers, M A Fel?
lers, D J Shcaly, W N Buruott, W A Mosely, G
D Brown, J C Boozer, Frog Level; BJ Hender?
son, John Sims. Miss Anna Sims, Cokesbury;
H D llamiter and lady, Mies S Hamiter, J
Hammen, Richland; J A Crawford, J H Craw?
ford, Abbeville; J B Motley. Kershaw.
LIST or NEW ADVERTISE?CHIB.
lt. C. Shiver-Ury Uoods.
J. Meigban- Spiiug Goods.
P. Cantwell -Beef, Pork, Ac.
W. II. Purycar-Property for Sale.
Cotton ?tates Insnranco Company.
J. B. Lalittc- Proposals Invited.
Communication of Acacia Lodge, No. 94.
OPINION OF TUR PRESS.-Wo take pleasure in
calling thc attention of our readers to a very
remai kable medicine, a notice of which ap?
pears in thc Observer this morning-Heinitsh's
"QUEEN'S DUI.HUIT." Thero mu?t ho somo
thiug in it, for wu hear it spoken of as a pre?
paration of much merit, and one prepared by
Dr. Heinitsh himself, of distinguished phar?
maceutical reputation. Tho euphonious sou?
briquet, "QUEEN'S DELIOUT," hus in itself an
attraction which should commend it to our
lady friends in need of so excellent a medi?
cine, und wo suppose all would hs benefited
by its use. For salo by FisuEa A DEINITSU,
Drugyidts. A24
KOSKOO.-Tho Norfolk Daily Journal, of
December ll, 1809, says:
"This medicine is rapidly gaining confi?
dence of tho people, and tho numerous testi?
monials of ita virtues, given by practitioners of
medicine, leaves no doubt that it is a safe and
reliable remedy for IMPURITY, OF TUE nLOon,
LlVElt DISEASE, Ac."
Tho last Aie Heal Journal contains an arti
clu Irom Prof. lt. S. Newton, M. D., President
of the E Modi-College, city of New York, that
speaks in high terms of its curative proper?
ties, and gives a special recommendation of
Koskoo to tho practitioners of medicine.
This is, we believe, tho first instance where
such medicines havo been officially endorsed
by tho Faculty of any of tho Medical College?,
and reflects great credit upon tho skill of Dr.
Lawrence, ita compounder, and also puts
"Koskoo" in tho VAN bf all other medicines
of the present day. F2U
MARRIED,
On thc 19th instant, at "Wavering Place,"
hv Rev. William H. Hanckel, THEODORE B.
li AYN E, of Babimoro, Maryland, to LILLAH,
daughter of Col. James P. Adama, of Itich
hind County, S. C.
CUSTOM LAW.
ZS IT IS OUR ANNUAL "CUSTOM, *
which, hy repetition, becomes "Law," wo seek
hy every possible means to direct tho public,
both visiting and local, to the "place," "tho
right place," to buy DRY GOODS.
It only needs a visit to our place, and thero
seo tho closest buyers, tho best informed and
tho most fashionable persons, all bueily 011
gagod piling Up their bins of choice goods.
No person visiting tho city should fail to
call on ns. It will edify thora if on business,
gratify them if curiosity-seekers, and pro?t
them if they aro buying goods; and, besidos,
no person who sccs Columbia, should mies
seeing an institution of the eily,
SHIVER'S
DRY GOODS HOUSE.
April 28 _
Prime White Oom.
1/"\/~\tT\ BUSHELS, in sacks of two and
-\\J\J\Jlhrco bushels, now in atoro,and
? oflored for sale by JACOB LEVIN.
April 27 2