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The Newberry herald. (Newberry, S.C.) 1865-1884, January 24, 1866, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026909/1866-01-24/ed-1/seq-1/

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T ETRMS-$1 , c FOR ST-Xj bf t flqo i of ~se-~ ef~c~etiDIOS~~G"F
MONIS IN ADvA,UNcE.
VOLUMAE II. N EWB ERRY, S. C.. 'NEDNESDAY, JANUAYT-160 UBR4
THA M ALD
iS PT~iu IED EVERY WEDNESDAY,
A! NeWierry 0. II.,
By T,1OS. - Y R. H. QRENEKER,
AND PRorriEToRS.
2ERMS, ji,50 NR SIX MONTi, FITHER
jN CURRENCY OR IN PROVISIONS.
(Payment required invariably in advance.)
Advert'semetts inserted at .1,5z ) per square, for
hrst in-ertion., 1 for each stuhsequent inertion.
Niarr age notices, FLIIne1ra inlVi tatiotion, Obituaries,
Ond Communications of personal interest charged
ts advertise nents.
The World for Sale.
From an old Manuscript.
The world for sale! hang out the sign
Call every traveller here to me.
Who'll buv this brave estate of mine.
And set* my weary spirit free ?
It's -oing !-ses, I mean to fling
The bauble from mv soul away;
i.l sell it wh:ttsoe'er it brinz
The world *uetion here to-day.
It is a gloriou; thing to me,
Ah, it has cheated me so sore
It is not what it seems to be,
For sale ! it shall be mine no more.
.Come turrn o'er and view it well,
I would no: ::ave you purchase dear
It's going-goin -I mu t sul, tear
WVhO bids wvill buy the splendid tear!
Here's Weal:h, in glittering heads of gold,
Who hids ? but let ne tell you fair
A haser lot was never sohl;
Who'll buy the heavy heaps of cae?
And here pre:n out in broad doma in
A good y hu:d1 cape all 1iV 1-:1ce
-lal, corttazo, t?ke, fiell, hill :md phlin,
Who'll bwy hint f d-blO ph
Here's love- f ds.re:awy, ;wvn! Z
That bo:mr,- ::.y ro d a
I know -:s po i, 1a51 To Well
It's g-o:1g - ove a:1l I must pirt.
MuQt part ! w!at can I nore with love ?
All o'er th ecth.2er's eign
Who'1l b1y the plumi-, .ving love
A bre;th of bis, a storm of pain ?
And frie:mi;'p-rarest z*n of earth,
Whoe'r h:ih ":nd the _,ver hI,
Fr.!h wt, h.i ami but lit i wor!h
VA - o bid- ts.r Il endshp as it is'
'Ti-: ro*ng- 2.o*i,- 1!e:ir !h*-e:,!i;
Once, t ic o', 1r'.e-' Ver.4O0
'Twasonee mny he , m' t v, .V l
But no%N it broIken sta,f m1ast go.
Fam ho'. ti bi' ,-noteor hih,
How much" for fa'..e y how much for fame ?
Hear Ihoyw it thunders would you stand
On high Ol1ri', t:r reno)wned
NowV purc.se, and a Wo.rld comminand!
And t!ei h t T S r: T'\ ,d!
.Sweet' ,r c^one.. nth ray to -hine
In every i:'!i l boing breat,
Save~' thi de,snoi.iini one of mine
.MbXo bids tor uin's last friend aid best.
This treaanre shunim a tl 5t'ain
' }Vkt hop ;i:ti I ro 1:ow at Ltife,
Amition, f-lon, show and p;ide,
I part from il; t,iever now;
Grief in an or ver,enng tide
Hais taught my bgh ty 1,eart to bow.
Er death's stern shaft ot' n!! bereft,
i wcej, yet humiv k' iss the rodl
The best of al I still have left,
My faith, my1' BiMre, and my~ God.
Acts of thle Gener'al Assembly.
AN ACT TO Pw '.iDE A MoDE BY WHIcH TO
RfTATE T1ESTI.iNY IN REL.\TION TO
DEEDS, \WILLS, CHIosES IN ACTION,
JTHIER 2.\PERa-s, AND RECORDs
DEsT!:oYED on: Lo-T 1)ui:1NG
-rus RECENT \AR.
L. Be i ena"Ied by' the Snate and HIoi.e of
,Repru.ntat:es, waW we ow sd.i ;tting h nera!
'AuemWyd, and byi the anthority of~ the sae, T hat
sv henever, hereinafter, in any suit which
shall be pending in ai y Court of this State,
it shall be niecessary, for the maintenance of
.the action or defence, that proof shall be ad
duced of the contents of any document,
whe'ther the samte be a deed, will, chose ini
action or other private writing, or at public
yrecord, or of any other nature whatever, pro
per to be proven, and it shall be proven, (by
.e ddavit of the party-, in case he be unable
otherwise to mnake the proof,) that such do
Cumenltt was in existence and in the posses
sion of any permeat durinig the recent war,
gnd cannot n )w be fognd, It shall be pre
.sumed that such documnent was dlestroyed or
:ost by reason o thle existence of the v-:ir;
;snd if such pre&umption shall1 not be re2butted
te, the satisfaction of the Court, the party
zneeding the proof of the contents of su hi do
cument shall, without further p: oof of loss,
be at'iberty to introduce secondary evidence
of stuc1 cen:tents, andt for this purpcse recitals
in other deeds or writings, proven or acknowl
edged to be genuine, whether between the
same par:ies Cr not, and statements in the
ecord of arny sut n any of the Courts, pro
d.eced.fin; the pr'opar place of custody, or ir
the orinteri volumes of B-te reports, pub.
Ui:ed by au:hority of the Generai 'Assembly,
although such statements be ill easds not be
twveen the parties to the suit'in which the evi
danrce 'ffered, or those undlv whom thley
claim, -hall be admrissible foYr the considera
tion of the Court or Jury naving juiris'.ct:ir
.of the issues of fact :Pror (led, ha-erer, Thal
in e.very such case the party terdet ngv sue1
evidemce shall have first mnade in opena Cort
or before some Judge of the Superior or In
ferior Courts of this State, or some Comm.s
sioner residing out of thits State, duly quahi
fied to take utli av its to he used within th
State, an aflidavit that the sail documntr
not in his .os5ession or power~t to produce
and s) far as he kno;ts, is rnt im eXstece
in fact destroyed or carried away, or in some
other way lost or destroyed, and shall also
produce, in open Court an affidavit, made by
the person in whose possession the party ten
dering shall swear such document was when
he last knew of it, unless the party tendering
was himself the last person in possession,
that tne same was in fact destroyed or car
ried away, if he knows it to be so, or if, with
out positivf knowledge, that he believes it to
be so, and setting for h the facts and circum
stances which induce such belief, if such per.
son is other than the said p-rtv jn Gourt ten
dering the secondary evidence of contents,
and is alive and n ithin the State.
Ii. Tie plaintiff or plaintiffs, or any ol
them, in any judgement or decree, the record
whereof has been destroyed or abstiacted, or
lost during the recent war, or his personal
representative, or other person claiming un
der or through him, or any person whatever
having inter-est in the preservation of the evi
dence of such judgment or decree, may, upon
notice of not less than ten days served per
sonally upon the defendant or defendants (if
more than one) there:n, cr those upon whom
his, her or their liability thereunder has de
volved, or others interestcd to oppose the ap
plication, make application to Court in which
such judgment or decree was rendered, for
leave to substitute a new record. and if, upon
haring the evidence on each side, the Court
is satisfied of the existence and loss of such
record, and order for leave to subs'tit.te s1r '
be made, ascertaining as near as possible the
names of all the original parties and the
plaintiff's attorney, the date of the signing of
the jiudgient or tilli! g of the decree, (and if
in Equity, an enrolled rn,oney' decree in Equi
ty, then also the date ot the enrolhnent,) the
amount of the recovery, the sum bearing in
terest, and the date from which interest be
gan to run, the balance actually due, at the
date of destruction or abstraction, and the
dlate of the entry of the original process, and
also of the last process issued for the execu
tion of such judgment. The Clerk of the
Court of C"rimon V as, .,he Pegister in
Eqity and the Ordinary jn each'6f the ri
tricts of this State, in .'Vch the publie' re
cords, in the custody of suCh oficer were des
troyed or carried away, or in any other way
lost, shall, at the expence of the funds in the
Inifs, of the Coimnrissioners of PubLIc Build
ing for his Distiict, procure a book or books
of proper size, and suitably ruled and secure
ly bound, to be labelled "Ab stracts of lost
Judgments and Iec: ees," or "of lost Decrees,"
as the case may be, in which he shill 'enter
an abstract of every suchi jt-'gmeInt or decree,
a new recor(I of which shall be so ordered to
e suhstituted, setting out in distinct and a -
propriate e mI's aLl the partiellars herein
bef,re required to be ascertained by the or
iler of the Court, and such entry shall, with
mit other or further record, be good and suf
icient in law for all purposes for which the
ri,inal record itself could ha.v2 be,fn nsed,
IaI of ca,ial autlori y her e th 'in al' res
pts ja af.e .g crmded .for ,n .th and
inl the precCding section of this Act, if the
plaintit, or in ae of his death, his perso:.al
representative, shall make oath, according t
the best of his knowledge and belief, that a
discovery from the defendant is the only
means by which such lost or destroyed re
cord or document can be established, and al
so of the former existence and of the loss or
destruction of such record or other dlocumien?,
he may, if the dtfendant, or either of them,
if m1re;.hani one, be living, and be w ithtin the
i niss of the State, call upon such defendant
to answer, on oath, as to the former exis
tence of such record or other document, andl
as to its contents, character and descript':on,
and( also as to the amount (Sue thereon. And
in case suc-h defendan t, after at least ten dayvs
ersonal noitice, (if he he within the D)istrict
when such proceeding is had, and twenty
days notice in case he is not,) sh-ill fail to an
s'er pob i(einterrogatories so pro.
pounded, 5jush failure to answer, (unless sat
isfactoriiv explained or accounted for,) shall
be taken~and considlered as an admission by
such defendant of the truth of the facts stated
and set forth in.the plaintifT"s alfidavit : pro
rded, Tnat such admission shall on!ly alfect
the party so failing to answer as afores&:
and his legal representatives. If such dIef'en
dant sb-all deny on oath the fornme- existence
of such i-ecord~ or other doenuent, so attempt
ed to be set up, or sh'all deny on oath that
there is anything due thereon to such plain
tiff or his legal representative, or shall dens
any other mate-rial fact alleged in the plain
tiff"s affidavit, the answer of the defendant
together with the affidavit of the plaintiff
shall be consideced as evidence in the p~se
and shall~ wi th suc (.ther testimony as to'
narties or both sides may' offer, be submnittet
to Court: Pro,riedl, That no costs shall b<
taxed ag:ainst the defendant for the interroga
tories nwhich may' be propounded to him un
der the provisions of t.his Act.
II1. That for the purpose of preservinl
scon 'ry evidence as may now be in exis
tnce of toe past existence, loss and contents
or any of themi, of such documents as havy
been 'destroyed or lost during the recent war
the Att ornev-General or Solicitor shall, i1
eery District in their respective cir:uits; fil
"a bill to perpetuiate testin.ony," in wic1
shall be set for-th the fact that many docu
mets, such as deeds, wills, choses in actiori
andi other private writings, and also pubi
records and others 01 any nauire whatevei
have been !ost or destroyed during the recen
war, and that the proof of their past exn
tence, loss and contLents, rests in .the mem<(
ry of witnesses upon whosei deatn the test
mony will he wholly lost. And that suc
proof may be taken and perpetuated, the bi
shal ijay that an order may issue perniyttin
all persons entitled by reascn of-loss of doct
mets under such circums~tanees, and desirin
Ito do so, to conme before the Court and has
taken and perpetuated all evidence whic
they shall produce.
W That Jin the filing of such bill, tI
.ater or- Commissioner shall make an orde
in conformity with the prayer thereof, whic
shall be published by being posted on tl
Court House door and printed in one ne~
p.per,. if amy such there be in the Distri
once a week for two months ; and if there1
no pnper pub)lished in the District, then
Chareston~ er Columbia.
I.V. Upcn the filing of such bill, any pc
son or persc::s interested iu preserving the 12
eneae of the contents of any such documer
andr dsring to (do so, may apply by wri tir
oah, to t Maste or Commntssior
for leave so to do, setting forth with reasona
ble certainty a description of the document of
the past existence. loss and crnten,s of which
he prrposes to offer evidence for preservation,
and stating the fact of the destruction or loss,
positively, or at least that - verily so be
lieves, and ,so stating whether or not thert
are other Orsons having like or opposite in
terest wit.i him in the matter to be testiBed
to, angiat ,the ;n,teres." of such persons ,,
and if nere be any such, the said Master or
Commissioner shall issue a subpoena ad rc.
pondendem, directed to the said parties, tc
appear and'cross-examine the evidence which
may be produced. and to introduce evidence
in reply ; and if the applicant shall desire q
discovery forin any party interested, he shall,
on ma%.n,g oath, as in bills of discovery, bc
pe-rmiited to seid'with the subpcena interro
gatories, which shall be answered as in bills
for discovery. And whether or not there
shall appear to be other parties besides thl
applicant who are interested, the Master or
Commissioner shall publish the notice of ap
plication for three months in the same man
ner as now nrescrib,d for notices to absent
defende%is in Eq ty, and all parties who mnay
think then'mele- iterested may come in as
they had s d with subpona.
VI. At z expiration of the said three
mnonthz, tie M or Commissioner shall
proceed to take the evidence if the party mna
kirg applica;ion therein asks for leave to have
e' idence of :e true location of one or more
:racts of lan' taken for preservation, the Mas
ter or Commis.soner shall have authority to
issue a rule of urvey to a Deputy Surveyor,
to be selected by himself for that purpose, tn
whom all the papers and other evidence of lo
cation shall be furnished by the party or par
ties in interest, and' *h6 shall return his
plats duly certified to the Master or- Commis
sioner issuing the order, on or before a day to
be therein fixed by him.
VII. The evidence so taken shall be pre
served, and the parties may have the same
recorded in the offices of the Register of
Mesne Conveyances and the Secretary of
State, and (If .it relates to re6ords of any
Court,) in that Court in v hich the lost or de
stroyed record which it proposes to prove
was made.
VIlI. The evidence so taken, perpetuated
I and recorded, shall be received in all Courts,
subject to the same rules, as to competency
and credibility, as any other evidence, except
as hereinbefore provided.
IX. For performing the d-tv a ssi-ned
them, the Attorney-Ge: Wral id Solicitors
shall receive twenty dollars for each bill, and
the Masters and Coni,ionerf th, o-,t.,A'
fees for tiling the bill and making and pul
lishing the general notice tl:ereof, and the
printer the usual fees for printing the same
all of which shall be paid by the State Tre-is
urer on the certiti -ate of aity Chancellor.
The costs of .il other proceedings shall be
pai(d by the pari;es who seek the relief pre
ferreab' fhe bill. except that in cases in
h r.:s a 4 coindet df interest, the Char-.
cellor shall decide which party shall pay
them.
X. The bills shall rerain on the docket
for five years, unless the General Assemiy
shall sooner order them stricken off, during
all which time all persons tnay come in and
seek the relief intended.
XI. That no law now in force, or which
may be passed at this session of the General
Assembly, of the character of a stay law or
law pirohiitming suits in Court, shall he be-hl
as applyinug to or affectir g the' provisions oi
this Ac t : Prccidd, This section shall rnot be
construed to idtt.orize the cllcection of any
deLbtor imney contrary to the provisions cl
any stay law now in force or hereafter enac
ted
XII Nothing herein contained shall preveni
any one for estalish;ng, on the trial of any
cause, any lost paper, according to the rules
of es idence now existing.
In the Scnate Hr.uses twenty first day c
D)ecemher,g r'tlie-year of our Lord om
thous'aiid'eight hundred and sixty-five.
W. D. PORT'ER,
President of the Senate.
C. IH. SIMONTOY,
Speaker of the IIouse of Representatives.
A pproved :JA3MEs L. Oxa.
AN AZCT To EsTAUJLItM THE bNIVERsITY o
SoUTH CAROLINA.
Wirlereas, The proper education of y-outh i:
a matter ot vital importance to this State ii
its present conditi.n, and ought to be thi
special object of Legislative attention : J
whereas, The conversion of the South Cato
lina College into an University will meet; it;
irent demand, and will foster all the element
hich have heretofore contributed to its i'
-tellectual and moral power, and will preserv
I. Be it cuarted /i the Senate and HJouse of Pep
resntativ'es, nfou- m et an?d .;tii,y~ in 0.& iu.ral
sembly, and by the aidhonity of the samae, 'hI
the corp oration heretofore created by an A
entitled "An act to establish a College at Cc
lumbia,"' ratified the mineteenth day of Ih
cember, in the year of our Lord one thousan
eight hundred~anrd one, shall hereafter b
leowi as the University of South .4m ohn:
a nd as such, shall b)e enititled to all the night
and be liable all the duties conferred c
imposed upon the 'edd original corporation b
the sa;d -Act, and all amendmren ts heretc
except where the same shall be p~oditied b
the provisions of this Act. .
tII. Tnat the Board of Trustees of the L a
versity of South Carolina shll, as soon
practicable after the rat.tication of this Ac
estblisha schools and provide for competet
Professors in th2 following departmnents, I
Iwit: First, a Sthool of Ancient Laniguag<
and Literature; second, a School of Modem
Languages and Literature; third, a School
g listory, Polhtical Philosophy and Leonomy
fourth, a School of Rhetoric, Critic.lsm, Eloc
htion and English Language and Literature
fifth, a'Sdhool of Mental and Moral Philos
phy, Sacred Literature and Evidences.
Christianity ; sixth, a School of Mathemnatic
Civil and Military Engineering and Constru
ieItion ; sevehth, a School of Natural and ,
chanical Philosophy ::nd Astronomy ; e:ght
a Schooi of Chemistry, Pharmacy, Mine'n
ogy anid Geology.
nIII. The Board of Trustees shall take ca
that une of the Professors therein provid
for shall be a Minister of the Gospel, w1
.shall also be charged with the duties o1f Cha
,lain to the sai'' U niversity, under such reg
la Itions arid with such add(i tional salary
e f~yb ied hy thz said Boa.rd,
IV. That no student shall matriculate un
til he shall have attained the age of fifteen
years. and shall agree to en.er at least three
of the schools provided for by this Act : Pro
rided hwerer, That in sl. il cases the Chair
man of the Faculty may at his discretion,
p ermit an applicant to tae less than three
sch.),s. fhe fees to be paid by each student
shall be as follows: If the student enters
three schools or more, for each school he shall
pay twenty-five dollars per annum ; if the
I studor.t enters two schools only, for each
school thirty-five do6llars per annum ; if the
student enters olify one school fifty dollars
per annum The compensation for room rent,
use of Library and such damages to the prop
erty of the corporation as may he done by
each student, shall be regulated by the Board
of Trustees.
V. The Board of Trustees may, if it is
deemed prope:-, gives a license to one or more
persnis learned in the Law and one or more
P)rotesors of medicine, to give instruction in
their respective professions in the said Uni
versity, and assign to themn 6t any of them, a
Lecture room or Lecture rooms in which at
times and under terms and conditions, and
with tuition fees prescribed by the said Board
they may respectivelY form classes and deliv
er instructions in their respective professions;
and t' same license may, if deemed proper
by the said Board be given to a person or
persons qualified to instruct in any mechani
cal or practical pursuit. No'ne of the branch
es of instruction provided for in this section
shall he considered as schools, or included in
the number necessa-y to be taken by any
persons bef. re matriculation.
VI Each Profssor hereinhefore provided
f,r shall be allowed to occupy a house belong
in?g to tihe corporation free of rent and be en
titled to receive a salary of one thousand dol
lars to bt paid quarterly in advance by the
Treasurer of the State and shall be entitled
to receive such tuition fees as may be paid
by the students entering the scho;l at the:
head of which such Professormly bie.
VIl. The Board of Trustees shall appoint
a Libra,*an who shall act as Treasurer of the
corporation and Secretary to the Faculty and
perfurm such other duties and receive such
salary as the Board of Trustees may prescribe.
VIII. The various Professors appointed to
'ive instruction in the various Schools provi
ded for in this Act shall constitute a Board to
be called the Faculty of the University of
South Carolina, one of whom shall be chosen
h the Board of Trustees as Chairman of the
slid Facu1ty, who 'shall perform the duties
heretf,r, imposed upon the Pr,alJPnt of th
south Car(dh.ai Colice except where the same
has been altered or Modified by this Act.
IX. Thit nine members of the Board of
Tru-t'~ at any stited or occasional' meeting
thert !. sIiall constitute a quornni for 'the
trans%teti.m if any business which is intrusted
to the sai" l1oard ; and in case of the absence
of the lrcsident Of the Board at any meeting,
the majority of those present, provided there
be a quoirum may proceed to elect a President
X. That the Members of the General As
senhly fiom each Election District in this
State,-or a majority of them, are hereby au
thorized and empowered, from time to time,
to select one youth from each of their respec
tive 1istr irts, who shall be received into this
University, andl be allowed to matriculate in
tMs Institution, and enter any three of the
Schoofs phovidedi for i'this Act which may
L e se.lected hv him, without any charge for
tuition, roam-rent, or use of the Library;
ar d each Professor hereinbefore provided for
shall be elected upon condition that he will
~ive gratuitous instruction in his School to
surch of the said youths as may enter his
School: Prorided, hotrerer, That no person
receiving the benefit of this section shall be
exempt from any charge which may be madie
for damages done by him to the property of
the corporation.
XI That tbe Board of Trustees may, if
deemred advisable, elect a Bursar, who shall
hioldl his office upon such terms and conditions,
perforam such duties, and be entitled to re
ceive such salary or compensation, as the said
Board moay prescribe.
In tIre Senate IIouse, the twenty-first day of
D)ecember, ini thC year of our Lord one
thousand eight hundred and sixt v-five.
W. D. PORTER,
I ~President of the Senate.
1 C. II SIMONTON.
Speaker of the House of liepresentatives.
Approved : J.ANsJL. (3cr.
-A BaoKN Ilmra.--The following interest
>ng case of a literally broken heart was related
by ailate distinguished medical professor of
Philadelphia to his class, while lecturing up
on diseases of the heart. It will be seen on
perusing it that t ie expr-ession "broken heart
edci" is nrot merely figurative. In the ear-ly
part of hris career, l)r. .\itchell accompanied,
as sur-geon, a pracket that sailed between Liv
erpool anid one of our Southern ports. On
the retuirn voyage, soon'after leaving Liver
pool, whbile ti~e dloctor arid the captain of the
esel, a weathrer-beaLten son of Neptune, but
possee of unicomnmonly line feelings and
st rng imrpulses, were conversing in the lat
ter' state-rom, the captain opened a large
chest, ann carefully took out a numiber of ar
t cee of var-ions d~esen iptionis, which he arran
nedl upon a table. D)r. M , surprised at thc
- i-snhl v of costly jewels, ornamrents, dresses,
arnd a!l th2 variedl paraphernalia of which la
- dies tre naturally fond, inqgiired of the cap
t in his ob ject ini havinrg made so many v'alu
able prebtasers Thre sailor in rep'y sa:d thial
tfor seven or e-ight years he bad been devoted
> lv attached to a lady, to whom he had several
tfies made propon''; of marriago, but was a~
ioften rejected ; that her refusal to wed him
f however, had only stimnulated is love t'
reater exer tion ; and thmat finally, upon renew
rig his oU'erieclaring in the ardency of hi
passion thiat without her society life was no
orth living fr, shre consenrt'd to becomre hi
bride upon his return from his next voyage
IlIe was so overj y-ed at the prospec-t of
mannrriagwe, fr-our which, in the warmrth of hi
- elings, he probably- anticipated more happi
ness than is usually allotted to mortals, tha
Ihe spenrt all Ihis renady muoney, while in London
for br id-al gifts. After gazing at them fondl;
re for some time, and remarking on them in turr
d "I think this will please inie," and "I at
sure she will like that," he replaced Theo:
w ith thre utmost care.
1 hi cefrony) he repeated every day de
a. ;-ing the voyarge ; aind the doctor, saw a tea
:~ 'n inhi e .e . he c,moke of the nicasur
he would have in presenting them to his affi
anced bride. On reaching his destination the
captain arraved himself with more than his
usual precision, and disembarked as soon as
possible, to hasten to his love. As he was
about to step into the carriage awaiting him,
he was called aside by two gentlemen, who
desired to make a communication, the purport
of which was that the lady had proved un
fidthful to the trust reposed in her, and had
married another, with whorn'shebad decamp
ed shortly before. Institntly the captain was
observed to put his hand to his breast and
fall heavily to the ground. le was taken up
and convev-d to his room on the vessel. Dr.
M., was irniediatdly summoned, but before
he reached the poor captain, he was dead.
A postmortem examination revealed the cause
of his unfortunate disease. His heart was
found literally torn in twain. The tremen
dous propulsion of blood consequent upon
such a violent nervous shock, forced the pow
erful muscular tissue asunder, and life was at
an end. The heart was-broke6n'
The South for the future w.ill need, more
than ever, a literature of its own. In the
past-in ante-Cosifederate times, it could re
sort to Northern books for its entertainment
or its destruction without much danger of
losing, to any considerable extent, its inde
pendence of thought. That independence
was protected and insured by its peculiar in
stitutions, and its peculiar social and politic:i
views. There was no possibility of 1ankee
isig (we use terms in no invidious sense;)
the mind of the South while every interest
and every influence at home was antagonistic
to such an eflect. The case is altered now.
Slavery is abolished, and the theory of State
sovereignty is well nigh dead. We are,
therefore, no lorger shielded in our sectional
or provincial individuality by customs and
opinions growing out of a state of soc.iety
which made us chary of teach.ings b4iginating
in i state ofsociety' altogether diffetent from
our own. If, in these circumstances we
should be left exposed to 'he influences of
Northern literature %iithout the counteract
ing operation of a literature of our own, we
would, ere long, forget how to think for our
selves. And in that case, in spite of all the
rights which equality in the Union (if we get
it) might confer upon us, we,would soon be
come in releation to the North, provincials,
not associates.
Entertaining these views, we shall hail with
pleasure every attempt to build up a litera
ture for the South. In writers of erint
S.:~ ., c.. . nult at al deieTent.
What is wanted is a Southern mediiin
through which they may address that public
which they are most concerned to please and
to ins.truct.^ Dou.*,tless, as -t,he- conCition of
th couitry gro.ws better, steps 'to suppty
thiswant will be taken ; and we hope to see,
ere many months pass by, Southern weeklies,
monthlies md quarterlies, competing with
those of the Narth in the entertainment of
the world.- Ctroli in.
Trm, YOUR MOTE.-I wonder how many
girls tell their mi her everything ? Not those
"young hd;es" who, going to and from school,
smile, bow~and oxchange notes and cartes de
visite with young men who make fun of you
and your pictures, speaking in a way that
would nmakc your chteeks ~ourn with shame if
you heard it. All this, most inc, JIous and
romantic young ladies, they will t.; although
they gaze at your fresh young faces admiring
ly, and send or give you charming verses and
boquets. No matter what ''other girls do;"
do't you do it. School girl flirtations may
end disastrously, as many a foolish wretched
young girl could tell you. Your yearning
for~ sonie one to love, is a great need of every
woman's heart. But there is time for every
thing. D)on't let the bloom and freshness of
your heart be brushed off in silly fliytations.
lender y ourself truly intelligent.- And, above
all, tell your mother eye'rth'ing. "Fun" in
your dictionary would be indiscretion in hers.
It would do no harm to look and see. Never
be ashamed to tell her who should be your
best friend and confidant, all you think and
fel. It is very strange that so many young
irls will tell every person before "mother"
hat which is most important that she should
know It is very sad that indifferent persons
should know mro~re about her own fair young
dughters than hersel f.-anny Fern.
FnozN Kmxns-.-The world is full of
kndn.ess that nevei was spoken, and that is
not much better than no kindness at all. The
fuel of the stove makes the room warm, but
there are great piles of fallen trees lying
among rGcks on the top of the hill where no
body can get them; these do not make any
body warm. You might fre ze to death for
want of wood ini plain sight of all these trees,
if you had no mean's of' getting the wood home
and- making a tire with it. Just so in a fam
ily love, is wh-it makes the parents and chiil
(renl, the brothers and sisters happy; but if
thev tnke care never to say a word about it;
if thiey keep it a profound secret as if it were
ai crime, they will not be much happier than
if there was~no love among them, the home
will seemi coila even in summer and if you live
there yoig will envy the dogs when any one
callIs himi ''poor fell ow.''
A FAmiI iomxih;C GoAl.--The Stanton
Spi'f /or, in the following, gives an account
f a coait Zhat has proved a veritable heir-loom:
I"Many years since, an old G:'rman citizen
of Penudiet'on County, when about to lead his
fair 'frow' to the hymeneal alter, purchased a
broadl ch;th coat in which lie was carried.
Ilis wiepeetdhmwihmn hlrn
aogwhom were egtsons, every oned of
chmwre marriedl in the same coat in which
their father married their mother. Tile young
est of the sons had seven sons, every one 01
whom- were married in the same coat, and
after the younigest son of the seven, or the
younges t radonof the original owner ol
te COat had led his blunshing bride to thq al
tar in his venerable grand-l-faither's fashion
able w'edd'ng coat, he sold it for the sum o:
-ten dollars. What has becomoc of the coa
since it was sold we have not been advised
but suppose that soms one is keeping it foi
the purpose of getting married in it."
1A compan.y with 5:3O,ooo,ooo capital bo~
been formeiin San Fm aneisco, California, ti
build a road 720) miles long from Sari Francise<
-to San D)iego, thence Estward to the Stat'
rline, connecting with the contemplated roa'
othe Misnissinni River.
PALMERSTON's DEATH B:D.-The following ac
count of the state of Palmerston's mind at the
time of his death, is fro ! the last letter of Mr.
Conway, the'London corresponcut of the Boston
Coml?momiealth :
"I have the following from unquestionable au
thority :-When it was perceived that Lord Pal
merston would not recover, a elergyman, a:1com
panied by Lord Shaf:sbury, vi ited him for the
purpose of having some religious conversation
with him. They found the old mwin in a very
low condition. The clergyman asked him it he
thought the medicines given him were beneficial.
'Yes.' The clergyman then hinted that there
was another medicine of infinitely greater impor
tance. 'Wi-at is it !' said Palmerston. 'The
blood of Christ,' replied the clergyman, who,
with this for ah opening, went on into a religious
exhortation.
"When he came to pause, Palmerston said,
only, 'Go on.' The clergyman, pleased at this,
went on with further religious remarks, and com
ing to another pause, Pahnerston said again, 'Go
on.' Much encouraged by this, the clergyman
continued fervently, and Lord Shaftsbury, who is
very pious, joined in n ith him. At length Pal
merston said, 'This is well ; - now read the sixth
article.' No one present knew what this meant;
and the clergyman referred to the sixth article in
the prayer book, which, however, shed no light
on the mysterious request. On testing the dying
man's mind further, it became abundantly evi
dent that he had supposed that he was listening
to the Treaty of Utrecht, the sixth article whereof
related to the surrender of Dunquecrque."
Ax O..o ViRaiNi LAW.-Some of the an
cient records of the Cavaliers are no less amu
sing than those of the Puritans : In one he
fore us we read that "at a grand assembly,
held in James Cittie, in the year 1616,
were passed many acts to the glorie of Al
mightie God and the publique good of this
his Majestie's colonic of Virginie." Among
these was the following entitled, "Women
causing scandalous suits to be ducked
"Whereas, oftentimes many babling wo
men often slander and scardalize their neigh
bors for which thir poor husbands are often
brought into chargeable and vexatious suits
and cost in great damage
"Be it ther<fOre en?cted by the authority
aforesaid, That in actions of slander occasion
ed by the wife, as aforesaid, after judgement
pas;ed for the damages, the woman shall be
punished by ducking ; and if the slander be
so enormous as to be adjudged at a greater
damage than five 1,undred pounds of tobacco,
then the woman to suffer a ducking for each
five hundred pounds of tobacco so adiudaa
: a hu 1irrL n7e roAisez to paY the
tobacco.'
GE3rs OF THo1C1T.-The foundation of a
good old age is laid in infancy.
Ajoycits smile adds %n hour to one's life,
a heartfelt latih a day, 'a grin not a moment.
The smallest compliment we receive fromn
another, conveys more pleasure than the
greatest compliment we pay ourselves.
Passions, like horses,when properly trainea
and disciplined, are capable of being upplied
to the noblest purposes; but when allowed to
have their own way, they become dangerous
in the extreme.
If the memory is weak, do not overload it,
nor fill it with foolery. Charge it only with
useful matters.
To relieve the oppressed is the most glo
rious act man is capable of; it is in some meas
ure doing the work of his Maker.
Adversity has ever been considered as the state
in which a man most easily becomes acq1uant
ed with himself particularly, being free from
fatterers.
Sir Peter Lely made ;t a rule never to look
at a bad picture having found by experienCe
that whenever he did so his pencil took a tint
from it. Apply the same rule to bad books
and bad company.
A miserly wornan in New Bedford, directs
her washerwoman to wash only the lower
alf of her skirts.
THE RES'T EVIDNECE oF' SAN IrY.-A case oc
curredin the Supreme Court of Delaware a
few days a go, which strikingly illuistrates the
advantage of paying jpr a ne'irspaper in ad
vnce. The will of Mr. Wmn A. Ruseil was
contested; and one of the facts put in evidence
Iat the trial to sustain it was, that only a few
days before its execution he call at the office
of~the Democrat and paid for it a year in ad
vance, thereby saving fifty cents. This fact
was dwelt upon at length by counsel, and
commented on by the Judge in his charge,
as satisfactory evidence that Mr. R. was sane,
and competent to maike a will.
RELIGON As A CoNvENIENc-It has been
said that men carry on a kind of coasting
trade with religion. In the voyage of life
they profess to he in search of heaven, but
take care not to venture so far in their ap
proximations to it. as entirely to lose sight of
the ea.rth; and should their fraiil vessel be in
danzer of shipwreck, they will gladly throw
their darling vices overboard, as other mari
ners their treasures, only to fish them up
again when the storm is over.-Colton.
LossEs TO BE PA1.-The Milledgeville (Ga.)
Tuon states that it has good anthority for
saing that all men over the age of sixty- five,
who took no part in the war, and all widows,
at the time General Sherman's army injured
thir property, will be reimburse 1 by the
United States Government for damages. The
assessor is already at work in the county of
Hancock, ascertaining damages so far as re
spects the two classes of our people above
named.
WA TERFAUI.s.-The New York Observer
publishes a letter, written more than thirty
years ago by the Rev. Dr. Judson, on the
vanity of the hethen womnan, in wheich lie
cites as one proof of their heathenish customs,
that the Karen women were fancifully con
strictedl bags, enclosing the hair, and suspen
ded from the back part of the head ! The or
igin of "waterfatlls" is r.cw explained.
Rev. Wmn. II. Milburn, the eloquent b,lindj
preacher, received dleacon's orders in the
Protestant 1: iscopul chiurch, at Blurhington,
Vermont, on last Sund:t . IIe has hithei
been a Methodist.
1"We will live in: the houpe of a bright dlay
dA. ig nna welcome our fate with a smile."

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