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VOLUME II-...N0. 315.1
CHARLESTON, S. O., WEDNESDAY MORNING^ MAY 30, 1866.
-PRICE FIVE CENTS.
Tile Daily ZETews.
LARGEST CIRCULATION JUS THE STATE.
LARGEST CIRCULATION IN THE CITE.
?.THK ZilST OP LKTTEK8 re
nainiiin?: in (he Postoffioe at tlie end
of each weeli is published officially
IA THB DAILY NEWS every Fri
day morn in?.
BY TELEGRAPH.
ata
DEATH OF GENERAL SCOTT.
WEST POINT, May 29.-Lieut. Goneral BOOTT
died at devon o'clock five minutes this morning.
[SECOND DISPATCH.]
WEST POINT, N. Y., May 29_Goneral SCOTT was
out on Saturday afternoon, and showed then no
eigHB of early demiso. On Sunday bo began
failing last, though tho physicians did not antici
p?t? death immediately. Ho was entiroly con
Goiotifl until tho moment of death, although ho
lOBt his voice two hours previous. Ho rocognized
the chaplain of the post ton minuteB before death,
and clasped his hand in ailonce.
Tlio President's Order on the Dca (li of Gen.
Scott.
EXECUTIVE MANSION, I
WASHINGTON, May 29, I860. J
Tho President, with profound sorrow, announoes
to tho people of the United StatoB the death of
WINFIELD SCOTT, late Lieutonant-Gonoral of the
Army.
On the day which may bo appointed for his fune
ral, tho several Executive Departments ?f tho
Government will be closed. The heads of the War
and Navy Departments will respectively give or
ders for the payment of appropriate honora to (he
memory of the deceased.
(Signed) ANDBEW JOHNSON.
Additional Foreign News per Steamship
David.
NEW YORK, May 29.-Notwithstanding negotia
tions are going on, the armaments are still pro
gressing.
The following are the market's authorized
figures for cotton :
Pair Orleans.16 d.
Middling Orleans.l8 Jd.
Fair Mobile.16 d.
Middling Mobile.13 d.
Pair Uplands.14|d.
Middling Uplands.12Jd.
TUo market closed dull and unchanged. Steok
estimated at 970,000 balea Uplands, of which 415,
000 (toro American.
**. -
tater from Europe.
FA^HHB POINT, May 29.-Liverpool dates of tho
17th, and via Londonderry of tho 18th, have
reached here."
COTTON, after some fluctuations, closed at last
week's quotations. Sales of the week sixty thou
sand bales. On Friday the sales were six thou
sand, the market closing dull but unchanged.
BEEADSTOFTS very dull, but firm.
PBOVISIONB dull.
CONSOLS 87} too1_. Five-twenties 60 to 61; Erie
45 to 46; Illinois Oentral 77.
The Bullion in the Bank of England has do
oroaeod thirty-two thousand pounds. The reserve
cotes has decreased four million two hundred and
fifty-three thousand pounds.
The ship Argean, from New Orleans, waa groat
ly damaged by fire.
The Bank has not used the extraordinary powers
granted by tho Government, and confidence is be
ing restored.
Bumors continue of heavy suspensions at Liv
erpool.
Continental affairs are unchanged.
The steamship Denmark put baok to Queens
town with machinery broken.
NEW YOBK, May 29-The steamship Persia has
arrived. Sales of Cotton on Saturday flvo thou
sand bales. Middling Uplands 12?d.
Consols 87 to h74. U. 8. 5-20'fl 65 to 66.
The European Bunk of London has failod, and
there are rumors of other suspensions. Hostili
ties almost oommonced.
LATE? FOBEION NEWS.
More failures reported-among thom the Euro
pean Bank of ,London, with liabilities of one mil
lion sterling.
New York News.
NEW Yonic, May 29.-Congress Hall, at Sara
toga, was entirely destroyed by fire this morning.
Only a small part of the furniture was saved.
Loss, $200,000. No other hotel injured.
The controversy betwoen the Fenian leaders
continues. President BOBKBTS has had an inter
view with STEPHEN?, the latter requesting him te
discontinue the movement against Canada,
BOBEBTS replied that ho was determined to persist
as he believod in fighting. STEPHENS then aakoc
him to desist for thirty days, whioh was doolin?d
The Isadora aro now openly opposing each other
From Washington.
WASMNQTOM, May 20.-The United States Con
aid at Liverpool has officially advised the Stati
Department that the steamer City of Dublii
would oarry baok to Now York fifteen thousan?
bushels of wheat of American exportatiou.
The President has' appointed WM, FAXON Ohio
Clerk of the Navy Department, Assistant 3ecre
tary of tho Navy, vice Capt. Fox resigned. Th
latter has beon nominated as additional Secretar
of the Navy, for six months, undor the law jue
"passed.
F. C. COMMXNOSWOBTH made an extraordin?r
run of 2256 pointsiin a gamo of billiards to-day.
Don FRBDEBIOO BABBKDA prosontod his ere dei
tials to the President as Envoy from Peru. Th
usual diplomatio courtesies wore oxohanged.
APPOINTMENT OK AHSKSSOB8.
ALEX. H. HALL, of Mississippi; CHAULES J. HA.'
CALI., Charleston, S. C; HOBAOE BHOUQHTON MAI
SHALL, Texas; Lucius J. BUBNET, Little Bool
Ark.; WM, H. H. WATSON, Atlanta, Ga.; BIOHAB
8. WALK INS, 3d District, Buss eil villo, Ala.; El
wAnD LADBOIX, 2d District, Ala.-have boon a]
pointed Assessors of Internal Bevenue.
F. J. B. C. SMITH, of La.,'.has beon appointe
Consul at Athens.
Congressional.
WABHINOTON, May 29.-In the United Stat?
Senate the Colorado Veto Bill was passed over.
Tho reconstruction resolutions wero oonsldur?
Jtx. JOHNSON moved to strike out the third ee
*5 '
lion, which disfranchise!* Confodoratos until 1870.
Tho section was strickon out by a unanimous
vote-43 yeae; nays, nouo.
Soveral amendments wore offerod onibodyiug
tho viows agrood upon in Republican caucus. They
oxcludo from Federal and Stato offices thoso who,
haviug bcon moiubora of Oongross, Legislativo or
Judicial officers, look part in tho insurrection, or
gavo _aid and comfort thereto. Oongrosa may,
howover, romovo euch disability by a voto of two
thirds.
In tho nouHO, tho bill to coutiuuo in forco and
ainond tlio Froodmon'a Biiroau Bill passed : yeas
06, nays 32.
Meeting of the National Union Association.
WASHINGTON, May 29.-Tho Executive Cominit
teo of tho National Union Association mot at Bal
timore this morning. MONTGOMEBT BI.AIH, the
Postmaster, and othor prominent persons, wero
present.
Resolutions excluding reporters wero passed,
and the proceedings woro eonduotod in private.
The Tax Bill.
WASHINGTON, May 29.-The tax bill wlijoh passed
the House contains a provision for an export duty
on cotton of fivo cents eaoh pound.
The War Department will refund the amount
collected by order of Qoner&l DANA as a military
tax of two dpllars por hundred on cotton at Mem
phis, Tonn. Restitution will bo made to the par
ties or their legal hoirs or representatives.
Naturalized French Citizens.
W?_3HD?QTON, May 29.-Tho Department of Btato
Las roceived dispatohos from the United StatoB
'Ministor at Paris, whioh mentions that French
men who have beon naturalized in the United
States, and who may be in Franco, aro liable to
consoription, but if thoy will roport to the depart
ment in which their names aro enrolled, and pro
duce their papers of naturalization, their names
will probably bo oraeod when requested.
The Washington National Bank Fallare.
WASHINGTON, May 29.-Tho President of tho
Merchants' National Bank has made an offer to
United States Treasurer to compromiso with Gov
ernment and all other depositors, by paying forty
per cent, of the amount deposited. This propo
sition will bo submitted to the authority having
the right to accept it on the part of tho G overn
! mont.
The Fenians at Cleveland.
CLEVELAND (OHIO), May 29.-Three or four hun
dred Fenians, partially armed, carrying colore,
officers with side-arms, passed here last night and
to-day going East.
They were orderly, and claimed to be en route
for California.
The Cincinnati Commercial reports tho move
ment of Fenians bound for Canada, and largo
shipment of arms. The eeorecy of the movement
indicatos business of a grave charaoter.
The Brie Railroad, *
NEW YOBK, May 29.-The reports of over-issue
of Erie Railroad Stock aro believed to rest on a
slender f ?undation. A meeting of the directors
will be hold to-morrow to consider proposals for a
new loan to enable tho company io meet ita lia
bilities. It is stated that tho director, who pre
viously made a loan to tho company, and who
holds fourteen thousand shares of stock, is pre
pared to advance the amount required, whatever
it may be.
Steamer Oak Burnt near Savannah.
SAVANNAH, May 29.-Tho stoamor Oak, from
Hawkinsvillo for Savannah, was burnt last night
near Wilmington Island, with five hundred and
twenty-five bales of cotton, and niuo lives lost.
New York Market.
NEW YOBK, May 29.-Cotton quiet at 40c.@42o.
Gold 371. Exohange quiot ; sixty days 9_. Texas
Wool 20e.@2_c.
THE LATEST.
NEW YOBK, May 29.-WBIOHT, in his Cotton Cir
cular, r.ports cotton quiot. 8alos of tho day 1500
bales, at 10 to 42c. Receipts for the week at all
the portB, 15,000 bales; exports, 9000 bales; stook
in all tho ports, 372,000 bales.
FLOUB dull; common low. Sales 7000 barrels.
State $7 25 to $9 80; Ohio $9 40 to $14; Western
$7 25 to $9 GO; Southern unohanged and drooping.
WHEAT has a declining tendency, and 2 to 3c.
lower. Sales 47,000 bushels. Milwaukee Club
(2 05 to $2 20; white $2 90.
COBN has declined 2c. Sales 120,000 bushels at
83o.
BEEF steady. Fork heavy at $80 70. Lard firm
at 19 to 22fo. Whiskey firm at 26 to 27c. Sugar
steady. *?
GOLD 374.
mobile Market.
' MOBTLB, May 29.-Sales to-day two hundred and
' fifty bales. Middling, 35 to 39. Market heavy,
? and very irregular. Receipts, 965.
New Orleans Market, etc.
NEW OBLEANS, May 29.-Cotton feeblo, with
sales of seventeen hundred bales at 86 to 37. Gold
36. Bank Sterling 53.
In tho Supreme Court, DURANT and HUNT,
5 always Union mon, argued the validity of Con
1 federate notos as au issue of bolligeronts. Judge
CAMPBELL, Confederate Secretary of War, anti
MEABS, Confederate Judge, argued against thom,
The city full of jokes and laughter.
u Wo copy from a Massachusetts paper tlio foi
y lowing report of a rocont mooting of tho Boston
'*. Board of Trade : "A meeting of tho Boston Board
of Trade was called last week to consider whal
y notion should bo takon properly to notico, and de
honor to Mr, GEORGE PB?VBODY, who is now OB a
'" visit to this country. Wo aro informed that the
0 Fresidont Btatod tho object of tho mooting ant]
awaited its action. No one suggested anything
at length a Mr. BOND moved an adjournment, and
'* a Mr. ATKINSON, in supporting the motion, do
.- nounced Mr. PEABOBY, in no measured terms, at
'i sympathizing with rebellion, and as receiving the
D news of Federal victories in joyloss silence. The
>~ Board evidently agreed with Mr. ATKINSON, mu
? adjourned without any othor action."
?ia
d A NEW ABTIFIOIAL ?4BM.-London papers notici
an artificial arm of novol construction. It i
hollow and light, yet very strong. The elbow anc
wrist movomonfu are simply effected by eordi
working ontiroly from the snouldor-joint of th<
ia loot arm or forearm. Tho artificial arm is attach
ed only by a cross-strap passing behind the bael
to tho opposite ah oui dor, ana _ot crossing th>
J* chest. It enables the wearer to faed himeoir, ti
0- doff his hat, to drive and to carry weights.
1
Literary.
Mr. JOHN BUSSELL has sont us tho April number
of tho Westminster Review. The following h tho
Tablo of Contents : t. Itailway Boform. 2, Tho
Royal Hospital of Bethlehem. 3. The Situation in
Austria. 4. French Opinions of tho English. 5.
Tho Unitod States Constitution and tho .Secession
ist?. C. Tanl Louie Courior. 7. Comuiona round
London. 8. H. Taino on Art and Italy. Contem
porary Literature
Articlo 3, Tho Situation in Austria, is worlhy of
attentivo perusal at this time. It presonts an ex
haustivo survoy of the internal politics of that em
pire, immediately prior to the present imbroglio,
and asaists tho reader much ' to a good under
standing of the present situation in Germany.
According to tho writer, the prospects of this
monarchy aro anything bub flattering, and this it
must be romemborod WAT predictod before tho
present pressure, from Prussia and Italy, was
brought to bear upon her.
Articlo 4, French Opinions of tho English, ia one
of tho most readablo papers wo havo fallon iu
with in a long time. It is a gossipy review of H.
TAINE'S "Histoire de la Litt?rature Anglaise," and
Louis BLANC'S "Lettres sur VAngleterre." Tho
prejudices of theso French writers (not tho mis
take) aro hore amusingly sot forth,-oil in the
beat of tompor and genial style. We cannot for
bear transferring to our columns a quotation
from Louis BLANC, on the dofects of tho Constitu
tion of the Unitod States. M. Louis BLANC, all our
readers aro doubtlos? aware, has been an ultra
Republican from bia infancy, and is one of tho lost
living French political writers. Ho aays : .
.'Why mince the matter? The Constitution of
tho United StateB, whatever bo its other merita,
is defective in this reapect, that in recognizing
the power of majorities it has omitted to subor
dinate it to that action of pormanont control
which is needful to ovory species of power, and to
that of majorities perhaps moro than any other.
Many poople bolieve that the sovereignty of tho
people is realized by tho government of the groat
ost numbor, whatever may bo the mode in which
this government is organized, or by whioh it per
forms its functions. For my part I can not, I
confess, con?oive a more dangerous error. Sov
ereignty can not be a sum m addition. What
really constitutes a nation, what makes its gran
deur, what croatoB its power, is what it comprises
of capacity, experience, reason, and enlighton
iiK'ut. The putting into motion tnese living forces
is the interest of all; this is its sovereignly; and
if universal suffrage morits our acknowledgment
of its excellence, it is because, under certain given
conditions, it furniahos the bost process that can
be employod for committing the management of
Eublio affairs to the most officient and worthiest
andB. A democracy in which tho force of num
bers has the effect of nullifying the force of intel
ligence, instead of entrusting it with tho direction
of affairs, is not a democracy; it is but a multi
form despotism, blind and confused-a despotism
inevitably condemned to perish, a little sooner or
a little later, by self-destruction."
Here is a sure word of propheoy from an unex
poctod quarter. We commend the whole article
to our readers, assuring them that thoy will do
rive abundance of both amusement and inatruc
tion from its perusal.
"The United States Constitution and tho Seces
sionists," Is the Bubjeot of the 5th articlo. We
have road it, and are sorry wo wasted so much of
our time. It, of courao, purports to havo boen
written on the other side of the water; but most
undoubtedly omanatoa from "down EaBt." It ia
signed "J. W. P." Wo are not sufficiently au fail
in the Now England catalogue of fifth-rate writers
to spot tho owner of "J. W. P." The writer makes
a feeble attempt at viewing the question from a
foreign and philosophical stand-point; but in this
ho fails moat signally, showing himself a mere
common-place partizan-not a Radical, and here
is the only mystery of the matter. The mau cer
tainly ought to bo one; his proclivities are clearly
in that direction. But who knows-bo may bo a
postmaster or an internal revenuo tax assessor,
and havo tho fear of ANDY JOHNSON before his
eyes, with a general preference in favor of keep
ing his head on his shoulders, which, of conree,
will account for minor inconsistencies. But, in
dependent of its political leanings, wo aro sorry
to seo American literature or politics represented
by such namby-pamby, milk and water writer?.
And it is no credit to the Westminster Review that
it should have published it.
We havo not yet bad time to read the other ar
ticles of the number. TAINE on Art and Italy
offors very tempting summer afternoon's lecture,
TAINE is a fine and sensible writer, and particu
larly in his element as a oicerone through the arl
treasures of Italy. Commons round London ia e
eeasonablo article, to bo road this hot woather,
particularly by all onr citizons who feel interested
in getting up parks for us.
The brief notices of new books, under the boat
of "Contemporary Literature," are one of th<
most attractive features of this Review. Amon(
many others we hero have a critique on DICKENS
Mutual Friend. The critie is anything but com
plimentary to the great humorist. DICKENS beinf
a great favorite with us, we naturally took um
brage at these strictures, but soon found thatthi
reviewer was right, and we were wrong. He con
cedes groat genius to him, but not the highest
He says :
"Whoa we compare Mr. Dickons to the world'
great humoriata-Aristophanoa, Moliere. Swift
Cervantes and Shakspeare-then we see how fa
1 short ho comes of tho highest rank of genius
Pecksniff weighs as chaff In the balance agains
Tartuffe, and Pickwick ia a more monster beeid
the Don of Spain. The morewe>study Falstafl
' Gulliver and Sancho Panza, the more we porceiv
> the art of the artist and thinker, but the closer w
1 look at Mr. Dickons' characters, tho moro w
detect the trickery of an artificer. The more w
analyzo Mr. Dickens, the moro wo perceive tha
his humor runs into riotous extravagance, wini
his pathos degoneratos into sentimentality. Hi
. characters, in fact, aro a bundle of deformities
He has made the fatal mistake against whid
Gcotko warned the artist. Everything with bit
is not supra naluram, but extra naturam: HI
_ whole art ?B founded upon false principles. Who
. wo put down a work of his, wo aro tempted t
ask, Quid hine abest nisi res et veritas ?"
\ The critic then goes on to illustrate these point
I from DICKENS'latest work, "Our Mutual Friond ;
. but we have not spaco to follow him further.
? There are many moro interesting reviews her
. of lato works, giving us a relish of the good thing
, in atoro for us. To our tasto this appendix of tb
, Westminster is tho most desirable part of it,, an
, this i? the only Quarterly that has incorporate
I this important foaturo,
? ??
The Mobile Register has the following : "A litt!
j girl, who was passing the residence of one of ot
[ oitizens, yesterday, was bitten on the cheek by
| vicious dog, wbioh jumped out of the gato upe
9 her. The owner of the dog was arrested, and ti
* caao waa brought before the Mayor's Court th
\ morning. His Honor decided that tho owner mu
5 kill the dog, or ho would fine him, and the oai
wa? left open until the sentence 1? carried ont."
Important Decree in the Court of Probate.
Wo publish bolow a decree from the Juilgo of
tho Court of Probates of this District, sustaining
tho validity of codicils to a will, where the original
has boon lost. Tho docreo is ono of vast import
ance, and tho lirst enso of tho kind which has
over occurred within the jurisdiction of this
Court:
TIE BTATE OF SOUTH OAHOLINA, OHARLE8TON
DISTHICT.
IN rot'iu- ni;i)iN.\nv.J
In matter Probato 1st and 2d codicil to original
last will and tcatamont of Dr. Joshua B. Whit
ridge, doceasod, said original will boing lost or
destroyed during doc.dunt's lifo, or sinco hi?
decease, and coutonts unknown, aud incapable
of proof aliunde.
Dccroo sustaining validity of 1st and 2d codicil
under special circumstances, proof of duo exe
cution and decedent's tostamentary capacity
when codicils were signod.
Osma Bailey, a nominated executor of decodon t,
filed a potitioD in this Court, propounding a first
and second codicil to a proviens instrument of
writing which had been executed by docedont,
Eurporting to bo a last will and tost "mont which
e allegod had been lost or destroyed, previous or
subsequent to docedent's death, by accident or
some casuality in tho plundering or destruction
of some documents belonging to one of the
monoyed institutions of this city, whoro it had
boon doposited for safo hooping, in charge of one
of the officers of said bank; that the timo of loss
or doBtrnotion could not be ascertained, nor tho
circumstances explainod, except presumptively;
nor could tho contents thoroof be established by
local and competent testimony. It was further
allegod that said oodicil distinctly referred to said
lost will, and rovoked many of its provisions,
and also contained several additional, dis
tinct, and substantial bequests, which could
tako effect and be executed independently
of the will, and on which a special decreo
of probate maybe had; and, moreover, that de
cedent, at and boforo his deceaso, was ignorant of
the IOBS of said document, having ovory reason to
believe it was safe and intact, in tho vault of said
bank, whoro it had been deposited for many years,
and consequently be bad no intention to revoke
either will or oodicil, but, on the contrary, Baid
codicil boing found in oxistenco at bisdecoaso, the
legal presumption and iutention must bo they
should take effect as far as practicable, if not ex
pressly incompatible with adjudicated law.
The testimony in support of tho statements set
forth in the petition substantially proves that tho
d?codent, many years nineo, did makoand oxeouto
an origiual last will, which ho deposited for safe
keeping with an officer in one of tlio banks of this
city; that subsequently, on the 24th day of June,
1856, he made and executed the first codicil to his
I said will, which he retained in possession, and on
a memorandum paper annexed thereto, and in de
cedent's handwriting, he doclares his Baid original
will was then, and had boen for many years, in
charge of the officer of said bank. Subsequently,
on tho 25th day of February, 18G2, he mado and
executed a Becond codicil, recognizing the exist
once of the origiual will and its continuance in the
same placo, ana the preceding oodicil referred to.
After this period the condition of the country com
pelled the decedent to abandon Wadmalaw Island,
where he resided, and ho went to Greenville, S. 0.,
where he resided until the period of his decease,
on the 12th day of April, 1665.
It was further proved that, subsequent to 1862,
the assets, books and dooumonts of the institu
tion, where said will was on deposit in 1862, had
been removed from the city to somo inland town
in the interior; that some papers and documents,
which had been a long timo in said bank, bad
been left in the vaults of the bank in the city, and
no schedule mado of thom, and these were plun
dered and destroyed during tho war, or soon after
the surrender of the city to the Federal troops.
It waa aleo pre .-c-,1 that some booka aud other
documents of Baid bank, which had been removed
to Columbia, were also destroyed on the capture
and destruction of said city by Gen. Sherman's
army, in February, 1865, about two months pre
ceding decedent's deceaso. It ?does not appear
that decedent ever withdrew the original will de
posited for safekeeping with the officer of Baid
bank, and the probability is the same continued
there until his deceaso, or its losa or destruction,
when sundry documents of said bank wore plun
dered and destroyed in Cbarlcstou or Columbia;
and decedent having died so Boon after, and about
the termination of the lato war, could have no
knowledge, or obtain information, whether said
original will was in oxistonce, or had been lost or
destroyed at tho period of his deceaso; and this is
confirmed, from tho exiatenco of the two codicils
at his decease, and his retaining them in posses
sion to period of his decease. As an additional
fact in this case, on perusal of the codicils, it will
appear they rovoke sovoral of tho provisions aud
bequests in the origiual will, and contain many
additional, distinct and substantial bequests,
each capable of taking effect, from any cstato
which decedont may have possossod or bo entitled
to at his doconso; and in addi. ion thereto, said
codicils oxpressly nominates and appointe peti
tioner one of his executors.
Tho law applicable to the allegations in tho pe
tition, so far as they have bcoa established by
the testimony, will now be considered.
A codicil is an addition made by the testator,
and annexed to and to be taken as part of a testa
ment. It is a part of the will, all making but one
testament. . It is prima facie dependent on the
will, and the cancellation of the will is an implied
? revocation of the codicils; but there have Been
, case? where the codicils have appeared so inde
pendent of and unconnected with the will that,
! under certain circumstances, the codicil has been
1 established, though the will has been held invalid,
lost or destroyed. It is a question altogether o?
I intention. The legal presumption, under circum
stances, may be repelled by showing the decodon.
1 intended the oodicil to operate, notwithstanding
I the loss or revocation of the will. The question
. will depond mainly noon the contents of the
several documonte. If the dispositions in the codi
" oils are so complicated with and dependent upon
I those of the will as to be inoapable of a separate
. and independent existence, the destruction or lose
of the will neooBaarily revokes tho codicils, and
3 the general presumption is rather in favor of the
- intention to mvolvo a codicil in the loss or rovo
, cation of a will where a contrary intention oannoi
be collected either from tho codicil itself or from
oxtrinsio evidence,
s But if tho codicils are capable, from the nature
, of thoir contents, of subsisting independently oi
r the will, tho validity will not be ?.flouted by the
, destruction of the will.
t Casas liavo boon adjudioated in the Eoclesiastic
o and Common Law Courts similar to and sustain
', ing the validity of codicil undor faots and oircum
Q stances similar to the prosont.
o Whoro a testator mado a will, tho contents ol
o which wero unknown, the same not being found
a at his death, tho codicil was adjudged unrovokod,
t there boing nothing to show an intention to re
o voko it, and its being of such a nature as to be
t, capable of taking effect, independently of the will,
i, oapocially if diligent search and enquiry after the
li will in those places where it would most probably
a be found to oxist, has hoon made as in the prosenl
a case, h'eo let, Terman on Willie, pages 164 and
n 223; 2d. Addams' Ecclesiastical Rep., pagos 116 an ci
o 229; 4th, Haggard's Kop., page 869; let, Curtie
Kop. Taggart vs. Bonlrou, pago 289.
The evidence in this case establishes docedonl
8 did make a will, which he deposited for safo koop
" Ing with an officer of one of the City Banks an.
continued in the same place to tho porlod of 1862,
when ho oxeouted a second codicil-retaining bott
0 codicils in his possession and control, and as the
a will does not appear to have boen withdrawn from
o ita original place of deposit by bim or any ono foi
, bim, ho must have boen under the impression of He
a existence and safety until tho period of his decease
d and from the ooixuMon of the country, ana unti
it was ascertained that sundry dooumonts of the
Bank had been plundered or destroyed, could ii
. be presumed or conjecturod that said will may oi
10 was destroyed. Any knowledge on part of de
ir codent of ita fate, previous to his decease, must
a bave been unknown to him, and only nineo his de
COOBO have tho fact? been ascertained of the
probable casualties and acoidenta which have re
io suited in losa or deetrnoUon of said original will
is The contenta of these two oodioila show they an
? not ontiroly dependent on the will, and there ii
nothing to show eaid codicils to bo contlngon
'o upon tho existence of the will, but the ?overso.
Haying sufficiently ?et forth the facts and cir
ciitnatanccB of tho COBO, and the adjiidicatod Eccle
siastical Law rotating tberoto, I am of opinion,
whether Haid original will of d?codent was de
stroyed by accident or sonio other cauaualty, pre
vious to or sinco his death, tho said two codicils
wero intended by tho deceased to havo operation
and legal effect, and I pronounco for them ac
cordingly. It is thercforo adjudgod and decreed
that said two codicila or inatrutnonts of writing
aro of legal validity and force and to bo and con
tain, as far as appears from the ovidonce, tho last
will and testament of said decedent, Joshua B.
Wbitridgc.
Given under roy hand and tho Seal of tho Court,
the nineteenth day of May, Anno Domini 18G0.
.->-. GEOBGE BUIST,
(ral Judgo of Probates.
1 ** *' f WILLIAM WHALEY, Esq.,
-?-' Proctor for Exocutor.
LETTER FROM NEW YORK.
[FBOH oun OWN OOBBKSFONPENT.)
NEW YOUR, May 26.-Le roi est morl-vive'.te roi.
The King is dead-hats off to his sucoessor. The
Academy of Musio recently destroyod in the great
Fourteenth stroot fire, is the dead king-tho
Academy of Musio which is immediately to arise
phaonix-like from the ashes of the old ono, ia the
live king.
The Herald of yesterday, inwardly rojoicing in an
ill concoalod ohucklo at tho supposed downfall of its
old onemy, MABETZEK, prophecies that tho Acade
my will never be rebuilt, and suggests that livery
?tabina should supply tho place where once stood
this magnificent temple of musio. Tho following
card, published the same day, but not in the Her
ald, showeth that BENNETT is for onco behind
hand oven in news matters. Tho oard reads thus:
ACADBUY OF MU3IO-ITALIAN OPEBA.
" This establishment does not advertise in the
New York Herald."
"This establishment has beon burned to the
ground; but, as I havo no intention to solicit pity
or charity, nor am I capable of using such a hor
rible catastrophe (which doprivod several persons
of their lives, and hundreds of the moans of sup
porting their families) as a favorable opportunity
for advertising my business, I will abstain from
enumerating my presont loaacs and heralding (tho
italics aro Maretzek's) my future movements.
However, in order to allay any apprehensions on
tho part of artists, chorusses, orchestral playors,
and other employees, I deem it consistent to de
clare that all engagements made for next-the
fall and wintor seasons-remain in full force, and
that operations will commence early in October
next.
"The public's faithful servant,
"MAX MABETZEK."
So the public's faithful servant is not dead yet,
and will live to battle bravely against tho New
York Herald and its favorito, the public's othor
faithful servant-GUAU. Between the two ser
vants, the public mayexpeot some fine musio next
fall and winter.
Several important changes and improvements
have been made recently in some of our first-class
hotels. One hundred and fifty thousand dollars
have been expended on the Metropolitan Hotel
alone. The large space in the building for so long
a period oconpied by Niblo'a Garden has been
transformed into one of the handsomest billiard
rooms in tho worlo\ There is also a new bai
room and a new dining hall, both princely in their
magnificence. Great improvements have alec
been made in the Aetor House ; and CRANSTON,
the proprietor of the New York Hotel-the place
where Southerners most do congregate-has pur
chased thirty-four lots opposite the main entrance
to the Central Park, and intends to put up what
may bo the grandest hotel in this country. The
building will cover tho entire block boundod bj
Fifty-ninth and Sixtieth streets, and by Fifth and
Madison Avenues. The hotel will be five storioi
in hoight, besidos the basement, with a seveull
story of chambers in the French (MANSARD) roof
As these chambers will be very high, the boan
therein will, no doubt, be proportionately low
There will bo in this palatial building no les? thai
ono hundred and seventy-four private parlors
each one having a suite of chambors attached, an<
all tho conveniences that can be concoivod. Mr
CBANSTON proposes to get up a joint stock com
pany, and the building will bo commenced at* sooi
as poBBiblo. From this grand hotel there will b
a magnificent view of the Central Park. Verity
this ia a groat city.
The ridiculous and mischcivous plan that ha
boen proposed by some of the members of tb
Common (very common) Council, looking to th
widening of Fifth Avenue, by cuttiug away sue
of the stoops as projeot out a little farther tha
the lettor of the law allows-the stupid propc
sition concoivod by the brains of stupid men, au
calculated to disfigure one of the handsome*
promenades in the world-has caused some excite
ment, and brought about a meeting between th
poor Common Council and some of the un com mot
ly rich Fifth Avenue merchant princes, in whic
the latter pr >tgetod in strong terms, and tfiroug
able counsel, against the measure. It Is' to b
hoped that the foolish projeot will bo abandoned.
Last Thursday night another 'disastrous ooi;
flagration ooourred here, whioh resulted in th
destruction of the Hudson Biver Bailroad freigh
depot, in which at the time were thirty loado
oars, all of which were consumed. The entire los
is estimated at about one hundred and Aft
thousand dollars.
The Fortress Monroe correspondent of th
Herald, in a letter published in yesterday's - issu
of said paper, compares JEFFERSON DAVIS to N.1
POLEON, and thon makes a kind of an apology fe
having dono so; and adds, that NAPOLEON wonl
never havo been oapturod in the disguiso of
woman's petticoats. This is a very old joke, an
an exceedingly otalo lie by implication. Tho IIe>
aid corrospondont, the Herald itself, and over
ono olao, know that thcro is not a particle of trat
in tho petty petticoat fabrication.
From a special correspondent of the World (frot
Columbia), who represents and signs himself "On
of SHERMAN'S Bummers," we learn positively tha
SHERMAN had nothing at all to do with the burn
ing and sacking of Columbia. Of comae, if "Bom
mer" says so, it must bo so indeed. This .may d<
to tell tho World, but the world (and the Worl
too) knows botter.
Tho concert given on Wednesday night, at Ir v
ing Hall, for the benofit of the Catholic orphan
of Charleston, waa a great success. The following
artistes took part, and all did admirably : Misi
MATILDA E. TOEDT, Se?orita Poon, Miss HENNE
and Mesara. MOLLENHAUEB, POZNANSKI, MACHIO
LKW and PEOUKB. The Beethoven Maennorohoi
? also assisted.
At tho Academy of Mualc-ashes and heaps o
ruina; at Niblo'a, CHARLES BILLION, tho tragedian
In "Bolphogor;" at Wallaok's, "Never Too Lab
to Mond;" BAHNEV WILLIAMS and wife at White
[ Garden; M?e. Jous Wo--J at the Olympic, Seo., tee
ADAH IBAAOS MENKEN, who is playing th
"French Spy" and "Dlack Eyed ?usan" at th
Broadway, does not advert ??ein the World. TI1?0?
no doubt, has been brought about by an articloi
that appeared in UM World relativo to hor Ma
zeppa said arti,?.,? toning the ".ngumantod
truth about Mrs. M-KKRji'a oostumo
Yesterday afternoon Dr. AMIHI.WS mudo a ?rial
trip in his flying ship, tho //m,>l( Tl)_ c-periln01lb
was entirely Hi.ccessr.il-, tlio :.*ri.il vessel ascended'
in beautiful etyle, and remained in mid air Toe
twouty-fivo minutes, -uili"K " "realer portion of
tho timo against tho iviud. Truly (hie is not only
a great city but a great world. MOULTRIE.
CII.VAX.RYW SlEiiruu.-They havo a happy
Mayor of Memphis. Ho was urwik during tha
whole of tho recont riots in the city of ?vhich ha
is the chief civil officer, but waa, wo boliovo ablo
to lead a mob. Ho took offonco at somo observa
tion mado by the Argus, mid addressed tho editor
a lcttor as follows:
"To the Editors of tho ArgUB.
"For your uncouth and ungontloraanly remark?
in regard to niysolf in this morniii^'a iasue, I hold,
you personally responsible. Select your friend to
arraugo this difficulty.
"Moat respectfully,
"?JOHN BARK.
"May 17, I860." '
The Mayor delivered this in tho counting-room
of the ?irgue in porson. Mr. Browor, editor of
tho Argus, addressed a communication to "His
Honor, Johh Park, 'Mayor and Conimandor-in- -
Cbiof of tho Army and Navy of Memphis:' "
The editor's lettor dcclinod to ongago in a fight,
or rather laroo; and the noble Mayor indorsed ort
the letter, which ho indignantly returned, thus
smashing complimentary :
"Whenever you choose to act tho coward, keep? -
all communications within your offico as above
"May 19, 1866. JOHN PARK."
Tho editor was then BO unkind as to print that
correspondence, and to say :
"Whenovcr wo "cbooso to' act as aforesaid, wo
will cheerfully adopt His Honor's sugu-eation.
Meanwhile tho Argus will 'chooao to' demonstrate,
tho nooe8sity of a chango in tho municipal admin*
istration of Memphis."
MARRIED,
On tho 23d of May, by tho Rev. J. MRBCTR GREEK, at
St. Mark's Chapel, Mr. N. A. MONTGOMERY, of Colum
bia, H. O., to Miss T. M. HERTOT, of Charleston, 8. 0. _
8PECIAI1 NOTICES.
OSS- CONSIGNEE'S NOTICE.-MERCHANTS'
LINE schooner D. 8. WILLIAMS, LETTS Master, will
discharge cargo, Titi* Day, at Adger's North Wharf. All
gooda not called for at sunset, will bo storod at their
risk and oxponse. WM. IIOAQH,
Corner East Bay and Adger's Houth Wharf.
May 30 1
?V?-MESSBS. EDITORS-PLEASE ANNOUNCE
BHNJ. O. HERIOT, Esq., nu a Candidate for Aldort-A-*.
of Ward No. -, to fill the vacancy caused by the resQC?
nation of A. C-MEUON, Esq. MANY FRIENDS,
May 24
?-FOR ALDERMAN, WARD NO. 1.-PLEASB
-n-ounoa Dr. W. T. WBAO? asa candidate for Alder
man In Ward No. 1, in place of J. II. MACIIKTII, ro?
slgned. May 23
j?-FOR ALDERMAN, WARD NO. 4_PLEASB
announce JOHN F. O'NEIL as a candidate for Alder?
man for Ward No. 4, In place of A. OAMEBOK, resigned.
May 23
W STATE TAX OFFICB, FIRE PROOF
Rtm.-INO-.- TUia oiBco ' 111 open ot_ tho receipt
the BTATE TAX, and will continuo open until tho a to
day of June, prox.i nci-slVB.
FLEETWOOD LANNEAD
May 21 Tax Collector 8t Phillp and 8t. MlohaeL
ra- NOTICE.-ALL ?PERSONS HAVING,
claims against the estate of JOSEPH B. ADDISON, de?
ceased, are requested to loader them In, legally attested;
and tbOBO indebted will ina-o immediate payment to
MARY L. ADDIBON,
May 16 w8? Eiocntrlx.
OS" EXECUTOR'S NOTICE.-ALL PERSONS
having demands against tho estate of tho lato Mrs.
ELIZA B. WILKINS, will rondor them, properly attost.
ed; and ihose indobtod to said Estate will niako pay
ment to MARTIN L. WILKIN-,
May 16 w3*_Executor.
ra- NOTICE TO OWNERS Of PROPEBTX
i I.YINO BETWEEN BROAD AND Ti.AOD STREETS
ASD WEST OF LOGAN STREET.
MAYOR'S OFFICE, 1
M.w -Jil. l?i>0. j
In accordanco with rosolntion of tho City Council,
adopted at a mooting hold on tho 24th inst-ut, I horoby
Invite tho owners and representatives of property lying
botwoon Broad and Trsdd slreots and wost of Logan
street, to meet the Committee on Street? from Cits'
Council, on Wednetday, 30th Instant, at 6 o'clock P. M..
at this oftloo.
May 28 3 P. C. PAILLARD. Mayor.
CHIEF QUARTEI.MASTER'8 OFFICE, ?
DEPAnTMEiTr o? BOUTH C ABOMWA, V
Cn_ntKsTOK,9. , Mayl 9 1806.
TWO HUNDRED AND FIFTY DOLLAR8 WILLBB
PAID by be undorslgnedto any person wha wiU do
Uvor to bim tho OFFI0IAL RECORDS OF INTEB
MENT8 OF THE UNION t R180NER8 AT FLORBNO?,
g, O. W. THOMAS,
May Brov. Lloat.-Col. end Chief Q. M.
ra- THE LADIES OF TRINITY METHODIST!
EPISCOPAL OHDBOH tutead holding a FAIR, la ald?t
Its funds,at Hibernian Hall on WEDNESDAY EVENING.
May 28. The olio wing geutlemen, members ol' ha
congregation, are requested to act as a Committee >t
Arrangements:
GEORGE W. WILLIAM8,
LEONARD CHAP?N,
WILEY T. BURGE,
L. GAMBRF.L,
W. J. MIDDLETON,
It. M. BUTLER,
W. H. SMITH,
H. 0. STOLL,
EDWIN PLATT. N
JA8. COPES,
0. A ORAEflER,
ti. A. NELSON.
DR. H. B-ER.
DR. J. R. MOOD.
E. COMSTOCK BETTS,
W. H. JEFFERS,
J. S. ?IYF.R
May 16
WM. WALTON SMITH,
F. G. D-FONTAINE,
M. W- 0R088,
DR. T. 8, HEMMINGWA?
li. W. WARREN,
WM. M. SAGE,
C?pt. T. J. LOCKWOOD,
L. T. POTTER,
W. B. MOORE.
G. CHAMBERLAIN,
j. 8. MARTIN,
W. II. MORRIS.
WM. W. PEMBERTON,
L&WR8H0S 8TEIN,
G. HENRY WHtELER,
W. MASTERMAN.
?ir STATE OF SOUTH CAROLIN A.
0HARLE8TON DISTRIOT.-BY QEOROE BUIST.
Esq., Ordinary.-Whereas, JOHN SHERIDAN, ot
Charleston, Farmer, mado ou?t to uno to ayant
hlm Lettors of Administration 0/ tho Estato and
Effects of CATHARINE BRADY, late of Cbarloston,
Widow : These are, thoroforo, to cite and admonish alf
and singular tho kindred and creditors of tho said.
CATU-IUM- BOAS., doooaaod, that they bo and appear
beforo me. In the Court of Ordinary to bo hold at
Charleston, on the 13th day of June, 186-, aftor publi
cation heroof, at 11 o'clock In Hit forenoon, to show
canso, if any they have, why the said Administration
should not be granted.
Given under my hand, this 29th day of May, Anna
Domini 1666. GEORGE BUIST,
May 30 w2 Judge of Probate?.
tar CHEAPEST STORE IN NEWT YORK Tdfr
BUY OHINA. GLASS, STONEWARE, OUTLEBY,
sir,VERPi?ATEDWAr.ii, ko. Always on hand, that
popular, new and beautlful White -tone Parisian Din.
ner, Tea and Toilet Sota, handsome as China, arm*
color and shapos, and balf the price. Call and ?oe U
you don't purohaao. Goods seat all ovar the world?
IIADLEY'B. OOOPUB ?OS-TTT?TB,
April U atntbSmo Middio of tho Block,
