Historical Newspapers of South Carolina

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Frc.Tli;?' r.iiiudiMjtln.i Presbyterian. PIlgSBl I'ERJAN CHURCH CAST. orimo;; o? the court. G.bson, C. J.. ;.:o"ivcr?.'d the opinion of the Cour?, on V.Ve'v siay mcrnui,/, M.?y 8;h, as to lows : To extricate tin* 'pesti-on f*"om t!ie muitifurlous im<ss <?t irrelevant matter in \vi?ici? it is enclosed wo mils'-, ;n the first pi.tee, ascertain the speeutc tMaracter of ih General Assembly, and the relation it boars to the corporation which is tl o immediate subject of'on** co??n Ziincc. This Assembly lias T?een called a quasi corporation; of which it has not a feu ure. A quasi corporation has capacity to sue ami he sued as an at'ii ficial person ; which the Assembly lias not. It is also establish* d by law ; which the Asscmh.'v is no?. Neither is the Assembly a particular ord r or rink in the corporation. though la tor wa ' route 1 for its convt n icnce; such, for instance, as share liolel rs of a bmk orjo-n s ork eo:n, anv, vvl.o are an integrant part of the W dy. It is a segrega e 1 CM^ciation, which, tuougi it is the reproductive organ of co>'pora'e succession, U not itself n tie inner of the body; and in that respect it is atioin uloas. Having no corporate qual ty in itself, it is not a simjeoof our corrective jurisdiction, or of our sei utiuy, further than t> asct r aai how far its organic structure mav bear on the question of its person d identity or m I.v,duality. IJv t':e charter of the corporal 0:1, ofwhich 1' is The handmaid and nurse, it lias a limited cijMcitv to create vacancies in it, and an uniuni ed power over the form end maimer of choice in filling them. It woul J be sufficient f?T the civil tribunals, therefore, that the assembled commissioners IwJ cousrtu t? d an ac:ual body ; and that it had made is appointment in its own way, without regard lo its fairness in respect ;o its nr.mhers: with this Inniialion, however, that i' had t!ic assent of the constitutional majority, of which the official act of au:hcntca;;on 'would bo, at least, primal facie valence. It would bo hnma'crtal to the legally of the choice that the majori'y hnd Oxp'llod the minority, provided a majority of the whole body concurred in the choice. Tnis may he safely predicated ofan undivided Assembly, and it would be an un< rring Jest in the e.ise of a division could a quorum not be constituted ofless than such a majority ; but unfortunately, a quorum of the General Asseru'dv tn iy be conslitu cd of a very small minority, so that two, or even more, distmrt parts may have all the exte rnal org ins of legitimate exis ence. "enco, where, as in tiiis insnmce, the members liave formed themselves into separate bodies, numerical. Jy-sufficient for corporate capacity an 1 or. .ganic action, it becomes necessary to ascertain how far either of them was formed in obedience to the conventional law of the associal;011, which, for ihat purpose only, is to be treated as a ruin of civil obligation. The division \vh ch, for purposes of deci rimtinn it Ij o<tn v*>ni<?nt til f-at! 1 li*? O I "V ? v _ ' school party was certainly organized in obc. dunce to the established orJer : n..d, to legitimate the separate organ zation of ::s rival, m contravention, as it certainly was. ofevery thing like precedent would requ:r? the presentation of a very urgent t mergen cy. At the stated time and pl.vq lor ti e opening of the session, the parties assembled, Without any ostensible division ; and, when t!ic organization of the whole had proceeded to a certain point, by the ins re mentality of the Mod-Tutor ofi.be pret eding session, who, lor that purpose, was the eonahtutiopal organ, a provisional Moderator was suddenly chosen, by a minority 01 those who could bo enti 1 d to vote, including th exscinded commissioners. The question on the motion to elect, was pur, not by the Chair, but by t,4o mover himself; af.er which, the seceding par y elected a permanent Modera or, and immediately withdrew, leaving the other party to 6 jisli i s process of organiz ation, by die choice ot its Mg..!c. Httor for the sess on. In justification of this apparent irreg't. i - hy, i; is urged that the consti uiioiiai AJodera'cr had refused an appeal to th Commissioners in attendance,'ruin his de cisron, winch had excluded from the roll die names of certain Commissioners who ha I been unconstitutionally seven d, as i is alleged, 110*11 the Presbyterian cunne ion by a vole the nr?*eedin<r cf>s<ir>ns ft i< run ctdcd by the argument, that if the Synods with lhe dependent Presbyteries by which !iios?; Commissioners were sent, had been cocsti'utionaily dissolved, the nio ion wa? one which the MoJ? ruier was not bound to put, 01 the Commissioners to no:ico; and th-'tt whatever imphcat.on of assent to t!idecision which ensued, might otherwise b<* deduced from the silence of those w ho re. fused lo speak out, about which it will he necessary to say something in tue s< quel, there was no room for any such implica ion in the particular instance. It would follow u!?o, that there was no pretence for the deposal of the Moderator, if indeed such a tiling could he legitimated by any citcuvnstances, for refusing an appeal fioin his ex elusion of those who had not colour of title, and, consequently, that what else might b?. refonn, would be tevolution. And tins leads to an inquiry into the conslitutio.aliiy o! the act ofexcision. Tlie sentence of excision, as it has been culled, was nothing else than nil ordinance of dissolution. It bore that the synods in question, hav ing been formed and attach ?d to the body of the Presbyterian Cuurch under, and in execution of, ihe plan of union. be, and ^r<.' 1 lorebv declared to be, out o! the ecclesiastical connexi ?n oftiie Pros by. terian Church in the United States of America ; and that they are not in form or in fact, an integral portion of said Church." Now it will uot be said that if the 'iissclved synod had no other basis than the plan of .union, they did not necessarily fall along wrt if, and it is not pretended that the As. sembly was incompetent to repeal the union prospectively, but it is contended that the repeal could not impair rights of membership which had grown upundpr it- On the other hand, it is contended that the plan ol union was unconstitutional and void from the beginning, because it was not submitted I to the presbyteries fur their sanction ; and j , hat no right of meinb< rslu;> could spring j j froni it. Cut viewed, not as a eons imiion. ( , .-.1 r<*gul ition which implies permanency of ; ' duration, but as a temporary expedient, it j I acquired the force of a law without the rat- ! ' lication of those bodies. It was evidently ( | not intended to be permanent, and :l ronse- j j quently was constitutionally en ten d raid! : eons'itationuily repealed by an ordinary act j | of legsat on ; and those Synods which had . j tlieir root in it, could i ot be expected To j survive it. There never was a design to j i attempt an amalgamation of ecclesiastical i principles which arc as immiscible as water ' } and od ; much less to (licet a commixture J i of ihem only at particular geographical; points. Such an attempt would have com | promised a prineij.de at tin? very 100* of j j I'resbylertal government, which requires' i that the officers of lit ? church be set apart ; I by special ordination fur the worh. Xo.v ; ! the character of the plan is palpable, not! j on!v in its t?do arid provisions, but iu the ; minuic of i's introduction into the Assem- 1 i bly. We find in the proceedings of 1SUI, 1 page 2o6, that a committee was rais I 4t to J nousid. r and digest a plan of govern for the' j churches in dm new settlements agneaby j . to liie proposal ot die G' ner.il Association j . o .... I .1 ... . ? ... .. I ; ; oi v^oun c n'ui . ??i?? nun ui ('i in ?i p < " i | ujron.ormitv to it< report, is called *4 a Pita j ' ?'t* L'nioa for the n?".v s< rli nient.s." The | j avowtd ot:j-*ct ol it was \> pr<v tit aiiena- | ! ion?in oti.tr words, the filiation of Prcs j I b\l? nans in ether churches, hy suffering j j diosc who were yet !oo few and mo poor for , 1 the maintenance of a minister, temporarily | to cad to :h<>:r a<?s;s'ancu lite nvmb* rs of a ! I sect who diff r from t'.cui in principles, not? ! of faith, but of ecclesiastical government, j ; To that cT.tJ, Presbyterian ministers were i ! stiff-red to preach to Congregational j churches, while Prcsby tcrian churches were j , sutleft-'d to srt !e Congregational ministers ; j ! and mixed congregations woro allowed to ; ; >ett!e a Presbyterian or a Congregational i minister at their el ction, but under a plan of government and d sciplinc ad ipted to the j circumstances S-i:e!y this was not intended to outlast the intibi ity of the respective : sects 'o provide separately for themselves, : or to perpetuate the innovations on Presby. j teria! government which it was calculated : to produce. It was obviously a nvssionary i arrangement from the firs'; and they iVho : !)Ui!t up r rtrahytcries and Synods 0:1 the basis 1 of it, had no reason to expect that their struc. I I lures would survive iter Congregationalists j ' wght, by force of it, gain a foothold in i!":C | j Presbyterian Church, despite of Presbyter- ; j ial discipline. Tney end raced it with nil j i is defeasible properties plain!v put before j them ; and the power which constituted if, j migl.t fairly repeal it, and dissolve the bod ; ies that had giown cut of it, whenever the 1 j goud of the Church shouiJ seem to require I ib I Caul I the Synn Is however be dissolved j by a Iegisla'ivo art ? I know not how they I I ! /l.'ccnli'oil !iu J COU.'Cl lliiVt? ll< CJJ scgiiiuiuii. t UIOOWJ ? V.U j | any olh r. The Assembly is a l.omogene. I ous body uni'ing in itself, without separation ! of parts, the legislative, executive, aud j i. j I d cial functions of tbo government; and its j actsarc referable 'o the one crtlie other of, tbem, according to the capacity in which it sat when they were performed. Now had | the excimlt'd Synods heen cut offby a j judicial sentence without homing or notice, the act would have been contrary to the cardinal principles of natural justice, and consequently void. But though it was at firstivso'ved to proceed judicially. the measure was abandoned ; probably because it came *o bepercciv. erl that the Synods had committed no offence. I A glance at the plan of union is enough ; : to convince us that the d sorder had come in j Willi the sanction to tiie Assembly ils.df. j j The first article directed missionaries (the , ! word is significant,) to the new settlements j o promote a gOC j understanding betwixt the . | ku.dred sects. | Tue second and third permitted a Pres. < j bWeri m congregation to set le a Congre j -j. tional minist r,or a Presbyterian ministei j j o b '"set led by a Congreg.rional church ; j | but these provided fur no recognition of the : j people in charge as a part of the Presby- | terian holy?a ions: they gave them no! representation in its government. But the ' fourth allowed a mixed congregation to set- i dea minister of either denomma ion : and i 9 j ;t (ommittcd tiie government of it to a stun 1- { ing coiiiniittce, but wi h a right to appeal j to the body of male c mmunicants if the ap. pe hint were a (.'ongregationuhs', or to the | presbytery ifiie were a Presbyterian. Now ic ..villi.,a ti,n A<nemblv designed that! j cvry sucli eongregauon should belong to a j I Presbyt-ry as an integrant puit of it; for if. i its minister wore a Congregutionalist. in no j way connected with the Presbyterian church, I t woo! J be impossible to rcf. r the appellate jurisd 11ion to any Presbytery in part.cular. j This alone won!.! show that it was designed to place such ;i congregation in ccelcs.asttcul connexion with ;he Presbytery of the district; but it is not all. It was express. I ly provided in conclusion, that if the " said s an ling committee of any church, shall dobuto one ol themselves to attend the Prespytery, he may have the same rig!it to sit and act in the Presbytery as a railing elder of the Presbyterian Church." 1 tor what purpose if she congregation j were not in Presbyterial f llowship '{ ? I. is said that this jus rcpresentationis, I was pred.ca ed ot the appeal precede nil v j mentioned : and that the exercise of it was i :o be restrained to the trial of it. The \ j words, however, were predicated without i * restriction ; and an implied limitation of their 'meaning, would impute to the Assembly; j the injustice of allowing a party to sit in bis j ! own cause, by introducing into the compo.. j sifiou of the* appellate court, a p.iri of the subordinate on *. That such an implication would be inconsistent with the temper displayed by the Assembly on other occasions, is proved by the order which it took as early as 1791, in die case of an npp al from the sentence of the Synod of Philadelphia, I whoso members it prevented from voting on { the question, (Assembly's Digest, p. H3v5.) j as well as by its general provi?:=-n, lhatj 'members of a judicatory may not vote in u the superior judicatory on a question of up- n proving or dissnproving their records." (Id. ! a page y:33.) iTi.o principle has since become i rule of! t die constitution, as appe ars by the Book of ; p Discipline, Chap. 7. Sect, 2, paragraph 12. ! o As the representatives el those anomalous I C congreg lions therefore coin.I not sit in judg- ' li arent on tlieir own controversies, it is pretty ! h clear :hat it was intended tin y siioul I he: j s represented generally, else they would not i c bo represented at nil :n tin; couic.Is cf the j h church, by those who imglu not be Pros by- ! ,< terians ; and that to ctH cl the principle | tl of Presbyterial ordinat:r.n \v\1s to bo relax- j n ed, as regards both the ministry and cider- < ship : an.i it is equally clear that bad the j i< Synods boon cited to answer for the conse- j ll que at relaxation as an olfonce, they might j o have triumphantly appeared at the bar of p :i:c Assembly vvi:J: the plan of Union in their 1 'J hand. That body, however, resorted io the j s only constitutional remedy in its power : it n fell back, so to speak, on its legislative jur- J n isdicuon in the exercise of which, tiic Synods ; ii iv re conmetent'v represent cd and heard by j p * m ' I the r Commissioners. j w Now the rippnrout injustice of the mea* j ii sura arises from the coni 'tnp'ation ol it as :e a ju '.cial sentence prououared aguins par- ic t;< s who were n? iher cited nor heard ; which L ii evidently was not. Even as a legislative ii iff, it nmy have been u iiard one, though p certainly constiui'ionid, and strictly just. It il was impossible to eradicate the disorder by c any thing less than a dissolution of those i< bod es with whose existence its roots were a so iuterwind as to be inseparable from it, v leaving the irel-ments to form new and less iit*if rog-neous combinations. Though de. j a prived cf Presbyter al organization, the ! p Presbyterian parts where t.ot excluded from i | the Church, provision being made forihcm, j by nil owing them to attach themselves to . c the nearest Presbytery. | a It is said there is not suuic ent evidence to i a establish the fact that the excinded Synods | s had actually been constituted on the plan of j c Union, in order to have given the Asscm^ j c hly even legislative jurisdiction. Tfieies. t timony of the Rev. Mr. Squier, however, i p shows tfiat in some of he three which were c within the state of New York, congregations c were sometimes constituted without elders ; \ and the Synod of the Western Reserve, t when charged with delinquency on that I head, instead of denying the fact, promptly c pointed to the Plan of Union for its justifi- r Hut whs: matters it whether the s fact wore actually what the Assembly sup j p pose ! it to be ? If that body proceeded in j good faith, the validity of its enactment can- r not depend on the jus:n< ss of its conclusion, t Wj have, as already remarked, no authori- j t ty :o rejudge its judgments on their meri s ; ! r end this principle was assorted with conclu- c sivc force by the presiding judge u ho tried t the cause. Upon an objection made loan t inquiry into the composition of ti e Pre.s- j bytery of Medina, it was ruled thatli wit i [ the reasons for tlte proceedings of 1837, (the act of excision,) .ve have nothing to do. v We .are ;o determine only what was dene : z tlte reasons cf those who did it are immatc- c rial, ff the acts complained of were within c the jurisdiction of tho Assembly, their de_ , 1 cision must be final, though they decided j i wrong." Tills was predicated ofjud.cialu jurisdiction, but the principle is n?*c< ssarily I c as applicable to jurisdiction for purposes of | f legislation. 1 cite the pnssa.e, however, I to show that afn r a successful resistance to t tiic introduction of evidence of the fact, it < lies not with the Relators to allege the want i of it. t If then the Synods in question were con. < slitutionally dissolved, the Presbyteries of ] which they had been composed, were, at ? least for purposes of representation, dssol- \ ved along with them ; for no Presbytery 1 can be in connexion with (lie General As.. ; scmb'y, unlcs* it be at the same timesubor- i r din.v.e to a Synod also in connexion with it, j [ because an appeal from its judgment can ; t reacii tho tribunal of the last resort only j i through that channel. It is immaterial that | j the Presbyteries are ilic electors : o Synod t is a part of the machinery which is indispen- c sible to the existence of every branch o! the s Church. It appears, therefore, that the i Comm s>ioiKMs from the excluded Synods, j c were not entitled o sea s in the Assembly, ) 1 and that their names were properly excluded I iron) Hie roll, a Tne inquiry might he n-svd here ; for s If iIiitc vv.tm no valor of ri if lit in them, V ere v was go color of right in the adversary pro-1 a cc< d ngs which were founded on their ex- ; \ elusion. But even if the r title wen: clear, I 'j tiie refusal of an appeal from the decision t) of the Moderator, would be no ground for i (J tiie degradation of the oflicer at the cad of I t a niinoriiy ; nor could n impose on the ma- n joriiy an obj g.ition to vote on a question i? put un -lli'-i illy, and ou' of the ustnl course, r To all qu s;ions put by the established organ, it is .h d ity of every member to re~ s spon I, or bo counted with the greater num- j n her, because i.e is supposed to have assented ! ii beforehand to the resu.t ofT.e process pre- o estabiished 10 ascertain ihe general will ; Ji but the rule of implied uss-nt is certainly n inapplicable to a measure which, when justifiub.'o even by extreme necessity, is esscn- ( tiul'y revolutionary, and base J on no pre- t established process or ascertainment what- cl ever. v To appiy it to an extreme case of inor-1 game action, us was done heie, mighi work j i--:? .w>t> nn>e Hino officer in ! i!U! (ie^rauuiiow 'Ji Ui^ oar legislative hnlls, by the motion and ac- j r tnul vote of a singe member, sustained by | u the constructive votes of all the rest; and | y though sue!) an enterprise may never be j c attempted, it shows the danger of resorting j 'J to a conventional rule, when the body is to j ji be resolven into its original elements, and j n its rules and conventions to be superseded, j o by the very motion. For this reason, the j c choice of a moderator to supplant thcoffi- s cer m the chair, even ifho were removable at * he pleasure of the commissioners, would seem lo have been unconstitutional. 1 I>:it lie was not removable by them, be- p cause lie had not derived h;s otlice from | thvrn ; nor was he answerable to them for 'I the ?isp of his power--fjfe v. ns r,o: their y noderalor. He was the mechanical inslru- ti ucnt of their organization ; and till that was r ccomplished, tiny were subject to his rule a ?not be to theirs. They were chosen by t' he authority of his mandate, and with the r lower of self-organization, only in the event s f his absence at the opening ? f the session. s Horpoready present, but refusing to perform r lis function, he might be deemed construevely absent, for constitutional purposes, in- <j omuch that the commissioners might pro- | red to the choice of a substitute without , iin ; but not if he had entered upon the perjrmauce of hrs task ; and the reason is that ic decision of such ques ions as were pre. la'urelv pressed lie re, is proper for the de- u ision of the body when prepared for organ- a u action, which it cannot be before it is 0 Lilly constituted and under the presidency " fits own moderator, the moderator of the ji receding session he r.g functious ojicio. p Pliero can be no occasion thr us ac.ion , ooncr : for though the commissioners are j ccessardy called upon to vote for their aoderator, their ac.ion is not organic, but l'iiviiiuril. Dr. Mason's motion and ap? cal, thougli the clerks had reported the roll, $ ?ere premature ; Cot though it is declared n :i the twelfth chapter of the Form of Gov. rmnent, that no commissioner shall delib_ 1 rate or vote before his name shall have icon enrolled, it follows not that the cnpac- j ly, consummated by enrollment was ex- | >ected to be exercised dming any part of he process of organization, bntthe choice c >f a modeiator ; and moreover, the provisan may have been intended for the case of i commiscioncrappearing for the first time, vhen the house was constituted. Many instances may doubtless be found imong the minutes, ofmotions entertained ireviously, for our public bodies, whether cgislative or judicial, secular or ecciesiasical, are too prone to forget the golden pre- ^ rpt.?" Let all ilungs be done decently ind in order." But these are merely iiu. r tanccs of irregularity which havo passed, a ub srttntio, and which cannot change a rule d n >f positive enactment. It seems then that ^ in appeal from the decision of the modera. n or did not lie; and that he incurred no r >cna!ry by the disallowance of it. The title >ftho exemded Commissioners, could be ^ letermined only by the action of the house, ^ vhich could not he had before its organizaion were complete ; and in the mean time, f ic was bound us the executive ins rument 1 ifrhe preceding assembly, to put its ordi-, luuce in o execution : for to the actual asembly, and not to the moderator of the (receding one, i: belonged to repeal it. It would be decisive, however, that the notion as it was proposed, purported not ? o be in fact a question of degradation for c lie disallowance of an appeal, but one of j 1 lew and independent organization. It was, j \ stensibly as well as actua.iy, a measure of i j 1?._i ...? ! t ranscenuerua power, wnuse puipuau was j. 0 treat the ordinance of the preceding as- t iembly as a nullity, and its moderator as a c ionentity. It had b' n prepared for tlie vent avowedly before the meeting. The witnesses concur that it was propounded us ' 1 measure of original organization runscen- " ling the customary order ; and not as a recourse to the til ima ratio for a specific vio. ' ation of it. The ground of the mot on as t t was opened by the mover, was not the lisalloAance of an appeal, which alone cou'd afford n pretext ot forfeiture, but the act of exclusion." To affect sdent memtiers with an implication of assent, however, < he ground ofthejmo. ion and nature of the 1 ju'-stion must be so explicitly put before ( ihem as to prevent misconception or mis- j :ake ; and the remark that herddoJ the ^ question in tin's instance, pointed at, not a c cmoval of the presiding incumbent, but a ceparate organiztiion to bo accomplished ,vith 'he least prac icable interruption of the jusiness in hand ; and if they indicated my thing else, they were deceptive. The j n en sure was proposed not as that of the jody, but as the measure of a party ; and i because assigned for not having proposed ? t elsewhere, was that individuals of the J >ariy had been instructed by counsel that * he purpose of it could not be legally accomplished in any other place- No witness nf ? motion 10 degrade : and the w? ?? - - ? 0 , apidi;y of the process by which the choice )f a substitute, not a successor, was affected, eft no space for reflection, or debate. Now J >eforo in passive Commissioners could be ifFected by acquiescence implied from their j ilence, it ought to have appeared thai they vere apprized of what was going on ; but it ippears that even an attentive ear-witness c vas unable to understand what was done. a Piio whole scene was one of unprecedented laste, insomuch thai if is s ill a matter of r loubt iiow the questions were put Now, a hough these facts wrc fan ly put to thejury. f : is impossible not to see that the verdict a 5 in this respect mantles ly against the cur. f ent of the evidence. Other corroborative views have been uggested ; but it is difficult to compress , decision of the ! admg points in thiseas'* :ito the old fashioned limits of a judicial >p nion. The preceding o ervations, mwever, are deemed enough to show Hie* e rounds on which we hold .hat the assem " ily which met in the first Presbvteriaii ? ,'hurch was not the legitimate successor of ne Assembly of 1837 ; and .hat ihe di-f'-n- I ^ lants are not guilty of the usurpation with j i/hieh thev are chare d. j ?/ ?' Mi:' for a new trial absolute. Rogers, J.?Opinion. After the pu.ient and impaitiil investi;ation, by me, of tlnsVause, at i\ si Pnus. nd i.? uank, I have nothing at this time to dJ,except that wy opinion remains unhanged on ail tin* points ruled at the trial, j Phis explanation is deemed r quisite, in ustice to myself, and beeause it has becom*iccessary (in a case, in some respects, wi h ?a " ? ? f>U? nvtf'j >ut preceueni, uuu pieacumj^ ow...~ ordinary features) to prevent misapprehen. 1 icn, and misrepresenta'ion. J The mark of the unrenewed man.? The unrenewed man seeks his own huptiness immediately and ultimately ; it is to tlease himself that he constantly aims. J This is the cause, the uniform cause, of his tj >rrfcrin? one action to another. Thiscfec ermines his choice of employments* enjoy* nents, companions. His religious actions re not chosen, but submitted to, through ear ol worse. He considers religion as a ' estriint, and the divine law as hard and evere. So that a short and summary de., cription may be given of man n his natu- , ul state ; That he hath forgotten h s subjclion, that God is dethorned,and self?honored, loved and served in his room.? 1 Vitherspoon. N otice. STIIG undersigned having bought the entire . stock of goods from Messrs. J. iW. Leak, rould take tins method of informing their friends nd acquaintances that they have taken the house ccupied by the Messrs Leaks, where they are rt. ..?ii ?? - * ~l n * tiering a wen sviuc.cu asoui Uiitm ui uvy v?oO(!S, lardware, and Groceries, a I cf which thoy are isposed to sell low for cash cr on a short time to unotual customers. II. M. As W. II. TOMLINSON. Choraw Munth 183D. tf Dissolution. rll Ccopartnership herefore existing between the subscribers, under the firm of Powe it Malloy was dissolved on the 1st inst. by lutual consent. All those indebted to tho concern will make nmediato poymout to cither, to euable them to lose the busiucss without delay. THO. E. POWE, A. MALLOY. January 2lsf, 1838. The Drug Business and the Practice o^.Medj. ino will be continued as heretofore by A. MALLOY. Jugs& Jars. 4 Large and general assortment Jugs and Jars, just received and for sale by JOHN MALLOY & Co November 28th, 1838. 2 ' tf To Cotton Planters, rllE undersigned has located himself in Cheraw for the purpose of making and cpairing Cotton Gins; and has taken a stand tthc corner offro.it and market streets next loor above Mr. F. Long. His Gins will be rude on the plan of those of Messrs Wm. Mc/reiglit & Son of Winnsboro So. Ca? lie will lot confino himself to eitl cr the common or ov^rse Gins, but will make either to order. i Ho will also make Reversed Grist Mil's; an 1 rticlc highly approved by those who have had hem in op ration. About five hundred have een sold in this and the adjoining states. The undersigned hopes to give general satisactioo,by assiduity and attention to business, arid he character and finish of his work. VV. A. McCREIGHT. Che raw, Feb. 27, 18l?3. ______ 15 rf Final iVotice. ALL persons indebted to Shadrach Mitchell deceased aro again earnestly .requested to otne forward and settle the i.emands ftgai nst hem, those who do not avail themselves of his notice will find their notes and accounts n the hands of an officer for collection. All hose having claims against said Mitchell must iring them unto me properly attested within ho time prescribed by law or they will not revive a dividend of his Estate. D. S. HARLEE. April 15tl. 1839. 23 -tf Groceries. rllE undersigned have received by the late arrivals and offer for sale the following ar. .icles. 10 Ilhds. St. Croix's Sugar, 10 Hhds. Porto Rico, do 50 B gs CotFce, 5 f I lids. Molasses. 10 Hhds X. E. Rum, 1 Tipe Gin, 1 Pipe. ?. Brandy, 2 Casks Porter (in bottles; 5 bblss Vinegar, 50 bids. Domestic Liquors, 10 Casks Cheese and 4 boxes Pine Apple Cheese, PepperSpice, Ginger. Indigo, Madder, Sperm and Tal ow Candles, Chocolate, Mustard, Hyson, Im aerial and Gun Powder Teas, Soap, Rice, Pow ler, Shot and Load. J NO MALLOF, & Co. November 28th, 1839. ? if Administrators Notice. ^BPIFIE Cm itors of ILrain Trvon deceased ara -M- requested to call and receive on their debts per cent. The next and last dividend, will, t is hoped, be made in a few month?. Some of he debts are not yet collected and a little iroperty is unsold. ALEX. GRAHAM. A dmr. Cheratv, Feb. 12,1839. 13 tf_ South Carolina. fohn K. Mclvor. "J r? ' 1 * kdrnr. E. R. Mclver. Delation in vs j- Foreign iichardlng'raham. j Attachment. WHEREAS the RlaiutifTin the above sfa. j ted case has filed his Decralation in my j iffiee against the Defendant who is absent from ml without the limits of the state having neither vifo nor attorney known within the same. It is ordered that the Defendant do place 01 nako his defence to the said Decralation within i year andadaj' from the dote h reof others i?a? inal and absolute judgrnct will ho given and ? ? l_.I .n.inct l)tm. W IUUU Oilice of Common Picas ? or Darlington District. $ S. \V\ DUCOSE. c. c. r. L'ecembar 12, 1833. 5 ev3mfly Roberts'>SiIk Manual. Pric per single copy, 37 1-3 cts.?to dealare who take 100 copies or more, a deduction 133 1-3 per cent, discount will he made ; to iiose who take a less nutnbe;, 20 perct. will e allowed. Address E. P. Roberts &S. Sands, Farmer i Gardner, office, Baltimore, Md. Guns IDozon Single and Double Barrel Guns, rcceivod ami lor sale by JOHN MALLOY & Co. November 26th, 183*. 2 tf JSugar ^TEW Orleans Sugar for sale by the Hhd. D. MALLOY. Feb. 27, 1339. 15 tf Oils & White Lead. J" AMP and Linseed Oils, White Lead, Putty 1_A and Window (ilass, for sale oy DUN LAP &. iMARSHALL. April 26 1839. 24 tf Seasonable Goods. DUNAP & MARSHALL are now receiving by the Oseola the principal part of heir Spring and Summer Ooods April 3:1, 1633. 20 tf New Books Again. BY the arrival of the Steamer Oseola supply of new books has been recei ed at the "Bookstore," among which are the following viz : In Theology and Religious Literature: Ency. clopedia of Religious Knowledge, Lather on Galations, Cruden's Concordance, Cudworth's Intellectual system, Hervey'g Theron and Aspasio, Baxter's Call" and "Saints' Rest"? Jay's works, 3vols. 8vo. Jay's Closet Medita* tions, Robert Hall's works, 3vols. 8vo. Bibles of various sizes and s yles of binding, Methodist Hymns, (Gilt Tuck.) In Miscellaneous Literature: The Humbugs of New York, Byron's works, Shakespeare's works, Weems' M rion, Weems' Franklin, Letter Writer, Downing'^ Songster, Dream Books, Conversation Cards, Fowler and Kirkham's Phrenology, Flora's Dictiona7, Flora's Inter, pretcr, Miss Leslies Seventy five Receipts. The Cook's o\vu Book, Pope's Homer, Sir W. Scott's works 7vols. 8vo. In Sohllrtl I - 0 * _ ".wiamit; oinairs Horace, Smith's Arithmetic, Do. Graanimcr, Couibtock's Philosophy, Cramers Piano Instruction, Violin Preceptor, Parley's Geography, Cooper's Virgil, Tacit rs, Adam's Roman Antiquities. Smalt's French G rammer, Boyer's French Dictionary, Tales in French, Bolmar's Colliqual Phrases. Law Notice. Alexander graham and j. w. puke. ncy. have entered into copcrtoershi < to practice Law under the naine of Graham & Blakeney. Offi c on Maiket Street. A.GRAHAM. J. VV. BLAKENEY. Clicraw F? b. 13. 1839. 13 tf C heraw Academy. THE trustees take great pleasuro in announc. ing that both departments of this ins itotion are in operation. The Male department under the superintendence of Mr. E, Hall; the Female, under that of Mr. J Sewers'. The coarse of initruction in the Male department wilt be that required to enter the South Carolina College. The course in the Female department trill be to make thorough scholars. The scholastic year began 1st .Octpber, and ends 1st July. The year is ugain devided into two sesions. The first begins 1st October and ends 15th February. The second begins 16 February and ends 1st Jnljr. Terms of Tuitiou per session are, For snellincr: ruadin* and uritii.tr r ?' rj ?? " "V b v ^ The above with arithmetic, English' Grammar and Geography 16 The above with the classes, higher branches of Mathematics, Logic, {J Rhetoric Sic. 20 Five dollars each will be added to the above for painting and draw ing, or the modern lan. guages. All payments are in advance. The pupi! will be required to pay for what remains of the session at the time ho or sheenters ; nor will deduction or drawback be made for Ices of time. JAS. W. ELAKENEV, SW-'y, and Treus. J 839. ' ' tf Ghina Glass and Earthen Ware. Timothy t. kiss am & Co. China, Glass and Earthen Ware Dealers, would inform their friends and customers, that they have removed to No. 2 Burling Slip, next to the Corner of Pearl street; wbe-e they havo on hand an extensive assortment of articles in their line, (suitable for the country trade,) of fresh importations, comprising all the latest styles and patterns; which they will sell by the package or rcpac* from tne eucivea, low zor casn on approved pajier. New York, Feb. ) 23, 1839; ( 14 3m Kice RICE of beet quality just Received and 1 or sale by the Tierce or Retail. % D. MALLOY. March 12)n 1839. Dun* up fy Marshall. HAVE received u part of their new Fall a m' Winter goods, and expect the remainder their fancy goods on Mouday. They have on hand a good stock of Salt, Sugar, Coif c &c. Ate October 24th, 1838. 49? More J\ew Books again. BY the Oseoln just arrived a large supply of new Books has been received, among which are the following, In Religious and Theological Literature: Schmidt's Greek Concordat) e 2vols fcvo, Cruden's Concordance, Scongal's Works, Lilno St. Lectures, Boston's Crook in the Lot, Mrs. Hawkf-'s Memoirs, Methodist Hymns, Ripley's Notes, Dick's Theology,To wnsend's Bible, 2voJs. large 8vo, Gray and Bow-en's Bible 2vols 8vo. calf, Robinson's Lexicon to Greek Tcstamt nt. In Miscellaneous Literature: Marshall's Washington 2voN 8vo, do. do. 12mo, Silk Grower's Guide, Virginia Housewife. Bancroft's United States, Book of Hearts, Crockett's Songs Miss Leslies Receipts, Cook's own Book, lrwing's Astoria, Todd's Index Rerum,- Irwing's Tour to the Prairies, Rassels Stone's Life of Brandt. In School Literature .* Websters, Elementary . . 0_.11:? n?1._ n;i..-nril,'<, Dn ana /\ iicncan opciun^ uuuas* Towns' Do., Smith's, Linersons. Dikes. Daboll's, and Colburns Arithmetics, Worcester's Primer, Lovell's Young Pupils' First Book, Gailandett's Picture Defining and Reading Book, Hazui Speller and Definer, Young and National Reader, American First Class Book, Wood, bridges, Olney's, and Maltebrun Geographies, Columbian Orator, Academical and United States Speakers, Goldsmith's Greece and Rome by Pinnock, Parley's First Book of History, Ty tiers u;;d Robbin's Histories, Robinsons Book Keeping, Anthon's Latin Lessons, Do. Greek ?!o. in Prosody, Airsworth's and Leverett's Latin Lexicons. Comstock's and Blake's Philosophies, Lincoln's I otany, Comstock's Chemistry, Legendre's Geometry. In Stationary, Demi Record Books, Sealing wax, Black, Red. and assorted wafers, India Rubber, Steel pens. Letter and Foolscap Piper plain and ruled. Ever pointed pencils, Bristol, Boards dtc. April, 2, 1839. 22 t< ANTHON'S SERIES, OF SCHOOL CLASSICKS. PROFESSOR Antbon of Columbia College, New York, is editing a series of classical works for the use of tchools and Colleges to consist of perhaps thirty volumes.? Tho rip8 scholarship of the Editor i* &n abundaut pledge to all interested, that ^he test adopted wil be the pur ?t, that mo Commentaries will be judicious and learned, and that all other suitable aids to a right understanding of the original, will be libcr-illy furnished. This pledge is fully redeemed in tho volumes already publ shed, which are, Latin Lessons, a new Greek Grammar, Greek Prosody, Sallust, Caesar Ciceio, and Horace, all of which may be examined or purchased at the "Bookstore April 5, IS39. 21 tf Kaisins. KAISIXS, Almonds, Prunes, Currants and Ginger Preserves, for sale by DUNLAP & MARSHALL. Adril26, 183L1- 24 tf