Newspaper Page Text
The Daily IN"ews.
TUUR8DAY MORNING, JUNE 21, 18CG.
HI 101 lill DI NT CHURCH IN COURT,
JIUGUMENT FOIl THK DEFENDANT, HY COLONEI, O,
May it please the Court:-1 cannot deny that I approach
the prosent discussion of thiB t*-iso with tho greatest
reluctuuco. The qu. stions luvolv?*d present poluta ol
-law ot auch Intricacy, ro'juire the investigation ot prin
ciples of HIU.1I impurtauco ami carry with them inter
ests of BUCH magnitude, that Hi- y dointiuil a court of
ample jurisdiction in -?.hich full opportunity wou'd bo
afforded tor close invcstlKStlou, elaborate arguaient,
and caroful ?Ixui8l<>n Tbo ruaitora now lu controver
sy have buen tlubat?-?l by tbo llrsl minds of the nation,
mid have In-tin ?lidded lu our highest courts. Much
courts still exist, which, ??o lar from offerlui? any Impe
diment, aff ?rd au opportunity lor a fair and Impartial
?xanimottuu of tula caso. In Bitch on examination tho
rights of every party In interest could bo adjudicated,
aud a final decisioi. could bo obtained. Tho questions
involved >.re puro questions of law, upon facts admitted
or clear.y proved. Nothing of tuo iiraotioo or machin
ery pocu i?r to this Court Is nc-eded to secure Justice.
Tho Courts of UIIH >tate. and or tho United Htnfs, oro
open to th? plalutlffa, and can afford ample relief. In
?leod, tho issue IB not hetwet-u perajus of color and
whites, growing out or tho peculiar relations between
thom, but botween two great Boctions of a great hior
archy, oither of ?vbich could go luto nny of tho courts
of the country, assured of a calm, lair, and impartial
decisio i ol' thoir rights.
Tho claim s t up by tbo petitioners is a claim for
property. It ia a demand for tho possession based on
the tillo; on assertion that thoy oro dev?seos under the
will of test ?tor ; as such entitled to hold as against the
administrator with tho will aunoxed, ano ompowerod
to demand and to obtain au account. I respectfully sou
mit, theroloro, that tho oat-o is not a proper ODO for this
Court, ana that it ia not within the scope of it? powers.
Havlug been ordered, h-iwovor. to try tho case her??, I
roBpcctfully auk your attentiou, while I touch as briefly
as I oan upon the points which present themselves, fool
ing con Udeiit that you will oxtuud to tho argument the
same pat ion co which you gave to tho long aud tedious
examination oi tho wltuosscs.
.John M Kee, ?citizen or Charleston, nnd a prominent
Bomber ot the Mothodlat Epi -copal Church in that city,
departed this life in 11-31, leaving in loree his last will,
Jn which he duvtatH very nearly all of his OB tat? to his
aon. David Ulliaou McK.ee, "und tho lawful heirs of his
body begot in matrimony, if whito, ftmivor." If his
Son, "as uforosatd. hath no surviving heirs, issuo bogot
.a aforesaid, then t" hla brother, Abel McKco. and his
heirs or Utuo " Shoul 1 his non ond brothor "dlo with
out hclra as aforesaid." ho mves two lots of land to the
Methodist Episcopal Churob, nour Charleston, for cer
tain specific objects, and tho remainder for the promo
tion of tho Gospel of Christ or M.IBB?OUB, to bo mtinigcd
by two or their number, to bo sdected by tho Board of
Trustees of toa Methodist Episcopal Church in Charles
ton, at the dato of tho will, oud for many yeara after
word, thoro waa but one Uo?rd of Trustcos of the M. E.
Church In Charleston, and all too churches of that do
nomination wore connected with th? M. E Church or
TI1?..0?111"11 Stm?8- In I?**- ?hie M. E Church or tho
?mied ?-tatos wa? divided Into two great sections upon
the lsMie or Blayory. The Beetloo in tho elavoholdiiig
States was shied thoM. K. Church 8outh-thot in the
non-slavdioldiiiR t>utea retained the nomo of tbo M. E.
.E?_\.\ A? ",e cburchos in Charleston of courso lot
lowetl too M. li. Church South, and there wore no
efli/? ?,f ^?^mK- Cburcb- 80-<*?ed, untU ono was
forT. ?U,d rw. 1?M: np0n the entTn?e o' the Union'
forcoa^lnto Charleston. In 1810. a congregation waa
?_S_L_S? ? Q?arter'y Conference, who Sppo.nted ti?
?iV. ?? "SS. .Bt?" ??.th0 M- K Church, in connection
with the Church, North. Abel McKee is dead without
lssno, dying in 1850. Uavid Gibson MoKeedled wit?-i
?out issue in 1861 or 'd4 Abel McKee had qualified on
lw?Wili ?f!J,0hn, MoKoon" ??. ?ecutor. and ou ht?
2??? _5S def?3ndant, who had boon named as executor
-nf tho witl of Abe, M K?o, also qualified M adm?n?.tra
.Th^ ?_? Mn* wlth tho wl11 ?nnox?d, of John McKoe.
Srtvot' hi??I.^,m/r_m nlna **. d6uv?r> oi thO BBS
his anm^f.? 8tftor' J.ohn M?Ko?. and an account of
ffi^SS-?-g-^?. $**? that, OB Trastees of the
I must be 1"u0hcl^' to?y tak0 ?*?a>r the wl!!,
^"f-1"1 roo,e_:oerCu lulu tuC grondant is a Trua.
-or bouda for tho proper administration and dis
tribution of the estate-that ho la Hablo to claims of
other partios who aro not parties to this suit-that he
has actual notice of such claim?, and that ho 1B entitled
to tho protection ?if the court. Now I aubmlt that too
petitioners aro not entitled to the claim tbey set up.
r 1st. Bocauso the attempt by John McKco to diaposo
of hlB estate after the death o? his son David, ia void as
the limitation is too remote.
2d. Boo-uaetoo title 1B really in tho old Board or
rrustoea which waa in existence during too ?te ot John
McKee, at the Derlnil nf lila death, and irom that period
to the present time. " ? .
3d. Because if this ? Id Board is excluded and nono
.other thau persons such 88 too potlttoners. Trust ?es of
too M. E. Church can toko, tho d?vlso lapsed, inasmuch
neat .he death ?if David McKee there were no such
Trnstoos or tho M. E. Church in Charleston in existence.
4th. Boornee tbe administrator, with the will annexed,
is legally in p >88ossion of the o-itate, and is in advanco
?DI It and should not be required to deliver possession
.until he is fully reimbursed t >r all such advaucoB, aud
the debts or the estate oro paid.
.. J wiU Proceed to diacuaa thoso pointa in thoir order.
_?w A?,8 t0 lhe Vll*lulty or the limitation over. Johu
iicKee first gives his esta e, constating now altogether
or land, to hie Bon, "and the lawful boira of his body,
begot in matrimony, if white, forever." He thus creates
in his sou an catate in fee simple conditional at com
xnou law. It ia decided in South Carolina that when a
testator gives hi? oBtato to any ono toreo simple con
aitlonal, he exhausta his power of disposition ovor the
?i?tata, and cannot maso any further directions concern
ing it, biBod on a faliuro of heirs or the first toker. I
will not dwdl on this "oint, hut give the authorities.
in Mazyck or. Vanderhorst, Bailey Eq 48, there
WSB a devine of real estate to testator's daughter and "te
tuo heirs of her body forever," but if she should deport
Oils Ule, leaving no lawful heir or heirs of her body
then over, it was held that the limitation over WOB too
remote and void. The court say, "a devise to one and
Cb? heira of hie body cauaos in this State a tee cori
Ultlonal. and such catato cannot Biipport a rematador
?or can a limitation over, upon tho determination of
iiuu ostate ba supported, OB an executory devise, being
too remote lhe question has been fully connldeiod,
ana the decisioi, in this case recognized in several Jn
BtaucrB, and he question matt now be regarded a* set
tled. See Bedou til. Bedon, 2 Balley Lav Hop 231*
Adama t>?. Ohaplin. 1 Hill, ch. 805; cdwardB *? BarkB
?ale, a Hill, ch 184; Deaa vi. Uorry, 2 Hill. ch. 244.
If those casos be law. aud tboy unquestionably are,
thon the . ffort whlob Johu McKee made to dispose of
.bis es ato ou the contingency of the death or nia ?ou
without heirs of the body most fail, and the limitation
oyor, in euch an event, to tho Trustees of the M E.
Church' In Charleston is too remote and void. Thev
?aiiuot Ulio tudor this will. '
.a ____?' l",lJUO?0. 'or t e sake of argument, thit the
limitation ovor Is good, wo como to the Becond and the
malu question In the case
. When John MoKe? made his will in 18S1. by which
ho ovideutly wished all his property tQ go to tho M E
Church in Charleston, and to be manaucd by ita Trua?
trees if his son and his bro her left no l.Bue, the Boird
l!rl?!T.",,t?;tlll""cl1 ,n Charleston conBlatad of
Wm. Bird. 8. J. Wagner, John ?. Mille-, Abel McKee,
--id too others mentioned In the ans wer. Th?-sD men
wero hi? porsonai associates; momberB With himself of
this same Hoard, all of them known to him, an 1 all en
.i'.?'.DO d?,,b?' bi" conOdonce. The7-wero also the
aaaoctatea and friendaof his brothor and executor. Atiel
?oKeo upon whom the management of too fund was
.WX'M? '_?1d?,would'Jve7 n-?---?Uy. be ful y acquainted
g**???1? Y**1}0* **a Plans. Thoro can be no doubt,
thorefora that it was his lntaHtlon that theso vory Indi
li^itumi hU wl8hG8 ond d,reot bis uoonty, At that
?^,,-^7 ZfT ?nq??Uonably Trustees ol tho MB
Church in Ohanes'OD, and if any body cortld ta ?o they
n?l_?n.d,.d,d *-*?.. ???er t-overy wo?of tu? ?r?h
Baa anythl. g occurred since the death or the testator
???___?w"_??.'_a,!^Ul"l2?n ?,r,<.Ut under Una will, ai
5S^_S_?*^*_i tl.o0 thS ??-y ?msteesof the M. K
Church to Charleaton. which can deprive them of the
?Ui^^Uired7 l?.l*?T?aod ?battue Trustees!
alnoo 1814, have coased to belong to too M. E. Church
and have connected themBslv?*s with the M. E. Ohuroh
?South, aud toot In this way they have deprived thom
?dves of any rl?hu they otherwise m?y havo had.
Now, I conten?, that too division of tho M Bl Ohuroh
4n 1844, and toe adaltlon of toe word "Uonto" to the
name or the Southern Methodist Episcopal Ohuroh
cannot oeprlVe True'ees of a Local Board of their rh-ht
to local proporty, to boused for local purpoiea. And
?his ?jonolasion la drawn both from tho character of the
?ulvlBlon aud from toe express Btlputa'ions under which
io.wf n_ad? .**?* wa* lhe separation effected,? lu
1844, in view of the agitation of the question of slavery
and toe oonsequ-m 111 feeling generated lu the Church
the General Conference of the M. B Church of the
united Hiatos, representing all parts of the country
almost unanimously adopted a plautof separation Into
,wo Geucfal Conferences, whloh plan was to be sub
milted to tho southern Conferences tor theil* approval
-they did, in fact, approve It and the aeparatlon took
SI*0?!0" that P1?n' Thua the divlBlon was offeoted un
.aor theaiiBpicoB of the ht-'hest Judlcatory or the hurch,
???1'?""'"1'1? or tD0 P*?? Pr*a?**d by it; with its full
aanouon and approval. It was no s?cession-no aban
aonmoat or an ostabJlshed ?odoty by schismatics- but
f?ii?_I_ ?.of Bn U"H tolo two co-ordinate parts, with a
ffi'rSSri????.'?-*' t*0 r,Kbts of each, each being within
ffina???aS!01 ?VT?T"tod racceM0'
It^d'th?^^?".11,0 p,M1 ot "P-MUoni bereit ia; read
S-M v eih^'i'1?10 VwtUs?, "that all the property o(
^e^" ?h?CVn.,MoUn* b0UBe"- PWMnages. col
av?A,ktadwo;inG?Dferfn?0 ?Qnd'' cemeteries and ol
Sondan ha to?-?/ ,ni,??f>? ?be Southern organic
Pi of * the" M.Voburchfeo tar^ SAU" ? "ZT thP
fcTof force iu the promUes StaJSJ^ re8olntlon ___
nnderthl wUl wLt^o?erl, ?^0^'
Within the limit, of the Southe ?KA? and",
Ulis artlolo it is forever free from any claim of the
Northorn Church, and Is declared the property of ?je
. SouthonQ Church. Can anything be stronger?
Intimation has bo - gtvon t at it will be contended
that this Plan of Separation was unconstitutional. To
this I make thone observations:
Int. It hao been acquiesced in by the whole Church
for moro than twonty years. Tho Southorn Church
acted directly upon it and formed ita orgai izatlon. And
tho Northorn Ohuroh have uovor mado claim to tho
property or attempted to establish a Conference (but
onoo and that a futile effort) in tho limits of tho South
orn organization. Consider the immense value of the
chu relies, parsonage n nu ii other proporty, all hold in tho
nanio of Trustees of tho M. E. church In tbo ?oath bo
loro 1844. That all ol this proporty possed into the
bauds of tho Church South, and was takon out by thom.
That not one effort can bo shown on the part of tbo
Northorn Cimroli for over twonty yoars to niako
claim to this proporty, although du lug all that time
tho Htato and United StatoB Courts wero open to thom,
and how can you exp?ala thlB course of conduct on any
other ground than that tho Northern Church folt bound
by ?ho stipulations of tho Plan ot Separation, which se
cured all this proporty to tho Southorn Churoh ? It was
not until tho demoralizing effects of war had boon lolt
and tho love of plunder, which lives In the hearts of the
camp followers, had boon nurtured-It was not until
tho tempting object of a prostrato and conquered foo
wau presented-It was not until tbo conflict of racos
wau inaugurated, that any suoh claims was manufac
2d. The wholo question bas boen judicially deter
mined and the Plan of Separation sustained. I quote
from the case of Gibson ?4. Armstrong, 9 B. Monroe's
Kentucky Reports. That cane arose in tblswsy: Tbo
Plan of Separation provldod that tho northorn boundary
of the limits of the two divisions of the Obnroh should
be dotormlnod by the votes of a majority of tho mom
bera of each oongregatlon. At Maysvillo, Kentucky,
was ona of these congregations, and a majority adhered
to the Ohuroh South Tho churoh budding was held
in the name of Trustees of tho Metholist Episcopal
Ohuroh, and a question a'Oao as to tbo right of posses
sion and use of it. The mlnori-y, who adhored to the
Ohuroh North, contending that as tbe building was hold
In the name of the Trustees of M. E. Church, the ma
jority wbo bad Joined tho M. E. Church South had no
farther right. Tro case was carriol to the Supremo
Court of Kentucky, and It was solomnly decided, In an
elaborate and able opinion, that tho General Conference
bad full power and auibority to moko the Plan of Sepa
ration, nnd to divido the Church. That tho "Southern
Church st?nde not as a seceding -or schismatic body,
breaking off violently or Illegally from tho original
Church and carrying off ucb mom-iora and such rights
only as it may succeed In abstracting from the
other, but as a lawful ecclesia "cal body, erected
by the outhorlty of tho wholo Church, with plenary
jurisdiction over a designated portion of tho original
assecIaU u, recognlzod by that Church as ita proper
successor and representation within its limits."."That
tho Southern Church, retaining tho namo faith, doe
trluo and dlsclpUno, and assuming tho samo organiza
Hon and namo aa the original Church, is not only a
Methodist Episcopal Church, nt Is, in fact, to the
South, the Methodist Episcopal Church, as truly as tho
othor Church la so to tho North, and is not the loss so
by the addition of the word '.-louth,' to dOBlgnato its
locality." "That tho membera of a local society, on
titled to tbo uso of local property under this or any
o'.l.er rimilar dood boforo the division, do not lose tbeir
right by adhering to tho Methodist Episcopal Ohurch
South under tho resolutions 01 the General Conference
of 1814," and the possession of tin property was given
to the persons who went with tue Ohuroh Sou'h,"
8. It was again most ably and elaborately argued by
ominent counsel in tbo case of Uascozn vi. Lane, bo.
fore Judgo Nelson, of tbo Supreme Court. We havo not
the record of that caso, but it is in evidence that tho re
unit was a reforonce of tho matter t > reforoes, and a
division of the Book Concern, as provided in the Plan
of Separation. This case waa settled in 1851, Bevon
years after the adoption of this plan.
4. When tbo Boltlmoro Conference carno into con
nection with tho Southern Churoh a few months ago,
the Northern Church claimed that they bad forfeited
the property held by thom. Why? Clearly because
tbeir act waa not In accordance wita tho Plan of Separa
6. It is not in violation of any restrictive article. The
powers of the General Conference are supremo, except
as restricted by the Six Restriotive Articles. These are
as follows. [Read thom] :
The Plan of Separation does not run counter to tho
1, 3, 9, 4 or S. Does it to the 6th ?
A. The Plan of Separation contemplated a di
vision -? tBU Ohuroh, a setting off to oach section
ita own territorial pr_ oor?y. *lnd B division of the Book
Concern and tho Chartered Fu??, Tbe 6th Restrictivo
Article relates only to the last, the Book Concern and
Chartered Knnd. The property in question in this case
is not connected with these. The Plan of Separation
may by possibUitv be void as to C?e Book Cos?'em, ko.,
but this surely would notafiect the valldltv of the other
parts of the Plan of Separation-the surrender of all
other property and the consequent surrender of that
now in question.
B. The 6th* Restrictivo Article does not forbid a dl
vtdonof these sp?cial fundB. It forbid? their applica
tion to other than certain speclflo purposes. Now the
Southern Ohuroh haa tho earne dla ipllno with the same
Restrictive Articles. Of course its ahare of the Book
Concern, Ac, would be bound by the same restrictions,
and wonld be held to the same usea as these funds were
held In the united Oburcbos. They could not therefore,
be applied to purposes not authorized by the 8th Article,
'and it wonld not be Infringed.
' O. Aa I havo shown before the matter has been ju
dicially decided, bas been acted on for over twenty year? ;
baa, until very recently, governed the action of both
seotloL s, and it is now too late to reopen the discussion.
It la submitted that, at any rate, this conrt should
not do so.
Thus we Bee that by the Plan of Separation the Church
now called the M. E. Church solemnly surrendered to
that suction of It now called tho M. E. Ohurch South ali
the Ohurch property lying within the limits of Its
organization, and this properly Involved in this case,
given by a will which went Into effect lu 1x31, and under
which tbe right vented, if it reals at all belore 1814,
passes under and is controlled hy this plan.
Much testimony has been Introduced to eliow that the
colored people did not favor the division In 1844. To
th.B I answer:
1st. The 1st Article ot tho Plan of Separation provldea
that the question of the division shall be determined by
the m ?Jor 1 ty, in case of ChurchPB lying ou tho border,
.'but not to interior changes, which shall, lu all cases,
be left to the oare of that Ohuroh within whose territory
they are situated."
3d. No expression was given to their dlasatlifactlon at
th?- time of the division, and none unUl 1865. On the
contrary, they expressed in their deUveranoes un
bounded love and affection for their "fathers and
brathren" of the Southern Church. It is now too late
to raise an opposition for the sake of proporty plunder.
3d. It is in evidence that the colored membership in
Charleston, in 1864, was large, by over C'lOO. Mr. Lewis
has succeeded lu getting some 1800 of these. Tho rest
go very naturally and properly to the African M. li
-burch, so that not even a majority of the colored
poople favor tho "old Ohurch."
We come now to tho third position :
3rd. Because if this old Board is excluded from taking
under tho wiU, and none others thin persons anchas
the petitioners wbo are Trustees of the M. E. Ohuroh
can tiko, tho doviso lapsed. Inasmuch as at the death of
David McEoe there were no snoh Trustees of the M. B.
Church in Charleston. ,?
. Tho petitioners claim that the old Board although at
one time Trastoca of the M. E. Church, and, therefore,
competent to take, yet when' they ad tiered to tho M. E.
Church South they lost tbolr rights uuder the will, and
tu at nono can take under this will hut auch as are Tras
tees of the M. E. Church as now existing. There were
no Trastees of the M. E. Ohurch as it existed at the
North In Charleston from 1844 to 1866. If none but
Trustees of that Church can take under that will, In or
der to do so they mutt havo been in existence in
Charleston at the death of David MoEoo. lhere must
be no interval between the death of the first taker and
the existence in being of the persons who aro to take at
hie death. This is tho Inovitablo law of remainders. In
4th Kent Common., p. 348, it is laid down that "the In
terest to be limited as a remainder, either vested or con
tingent, mast commence] or pass oat of the grantor in
tho aame instrument, and at tho timo of the creation of
the particular estate, and not afterward. It must vost
io the grantoe oithor in este (or In Doing) or by right of
entry, during the continnanco of the particular estate or
at tbe very Instant it determines. If an eatate be given
. o A for life, remainder to the eldest son of B, and A die
before B hits a son, th? remainder is gono, because the
first estatd was determined boforo tho appointment of
tho remainder." ! Apply this to thecano In hand, If do
position of tho petitioners be correot, then John McEoe
gavo the eatate to his son for life, and If be di? d without
heirs, to the Trustees of tho Church In Charleston. Un
der this rule It WSii necessary that such Trustees should
take at the InBtapt of the death of David MoR'co, or olse
the remainder la void. Bat David McEoe died lu 1863 or
1864, and the petitioners were not Trastees until 1866.
Nor were therein Charleston any other Trustees of their
Ohurch. Their Interest, if any they had. is gono for
ever. This Is unquestionably the law. ..There must be
no interval or meantime," as Lord Coko oxprossea it,
betwoen tho particular estate and the remainder sup
poi tod by it. If tho particular catato ter?ni?ato before
the remainder can vest, ihe remainder la gone
forever." 4 Rent, 218. In Festing vs. Allen, 13 Mecs k
Wilsby (English Exchequer Reports), 370, It was ad
judged that if thero be a tenant for life uuder a doviso
with a contingent remainder In feo for auch of her
c1 uki ron s should attain the age of twenty-one. and no
obild attained that agoathor death, tim estate, aa -veil
as tho limitation over, were divested at hor death, and
the estate went to her hetr-at law. This waa only tbo
recognition of a w_ establish? d prlaolpii.
We como to the fourth end last ground- -rho prayer of
tho petition ahonld not be granted:
4. "Because the administrator, with the wUl annexed,
is legally in possession of the e-tate, and la lu advance of
the e?tate, and should not be required to deliver posses
sion to any one until bei? reimbursed tor all such ad
vances and the debts of the estate for which ho Is Hablo
1. Tho defendant administrator, with the will annexed,
is legally in possession of the estate. In tho caso of
I Jenes ?t. Wightman, 2 Hill, Law, 610, It is said: "On
the construction given to the Statute6, Coo. 3, Oh. 7 (P.
L. 360), of force In this State, lands and personal chat
tels aro equally liable for tho pay mont c f debts, and are
aasota in tho hands of the personal representativos; and
it the lands have not been partitioned, and are not in
tbo exclusivo pnssosslon of tho hoirs, thoy aro liable to
execution on a judgment against tbe executor or admin
istrator, on tbo ground that ho has, or ought to havo,
tbo 1 gal possession.
3. It is abundantly proved by tho ovidcnco that tbo
estate ia indebted to tbo administrator In tbo sum of
-dollars; that he li as Incurred obligations to a
much larger oxtent. Theso obligaUous woro Incurred
and advances wore mado on tho faith of the estate, and
ho must bo reimbursed.
I havo thus attempted to touch on tho promlnont
points of this caso, aud as far as I am ablo bavo advo
cated tho grounds upon which the defence rolles, 'i lio
subji'ot lum heon by no moans oxhanstcd; bat I will no
longer trcspssB ou tho time and patlenco of bo Court.
I addressed myself without passion to tho fair discussion
of tho legal aspect of tho COBO, aud havo rcsistod every
temptation to Indulge in rhetoric, or to go into person
alities. The action lins boon brought nominally for
persons of color, but tho wholo trial demonstrated has
boon luepeoted, managed, and controlled by white men,
?couts of ii. E. Church at tho North. This lorclng tho
jurisdiction of this court oan havo been lnduood sololy
from tho mprosHlou that In this tribunal wo would bo
exposod to pr?judice. I daro bono that this expectation
will bo found g-oundloss, and that wo will re?oive at
your hands an uuolassod and impartial decision.
~ BPEOIAL NOTIOB8.
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sale by all Druggists and Fanoy Gooda Dealers.
February 7 lyr
AST MARRIAGE AND CELIBACY,
an Essay of Warning and Instruction for Young Men.
Also, DisoasoB and Abusos wbloh prostrate tho vital
powers, with sure means of relief. Sent free of charge
In sealed lotter envelopos. Address, Dr. J. ?KILLIN
HOUGHTON, Howard Association, Philadelphia, Pa.
April 17 _j_3mo.
---SPECIAL NOTIOE.-"QREATOAK8 FROM
llltloaconiB prow." The worst diseases known to the
oman race spring from cansos so small as to almost
ofy detection. The volumes of solontlflo lore that fill
the tables and shelves of tho medical fraternity only go
to prove and elaborate those facts.
Then gnard yourselves while yon may. The smallest
pimple on the skin la a teU-talo and indicator of disease;
It may fade and die away from tho eurfaco of the body,
but It wlU reach the vitals, perhaps, at last, and'death
be the result aud final close. MAOOEEL'S BILIOUS
DYSPEPTIC, aud DIARRHEA PILLS euro where al]
other? fall. Whilo for Burns, Scalds, Chilblains, Oat?,
and all abrasions of the skin, MAGGIFL*- Salve is in
fallible. Sold by J.' MAGOIEL. No. 48 Fulton-Btreot,
Now York, and all Druggists, at 38 oenta per box.
September 3S lyr
?W BATCHELORS HAIR DYEI-THE ORIGINAL
and beat In the world I The only true and perfoot HAIR
DYE. Harmless, ReUable and Instantaneous. Produces
immediately a splendid Blaok or natural Brown, with
out Injin-log the hair or skin. Remedies the HI effects o
had dyes. Bold by aU Druggist a The genuine Is algn ed
WILLIAM A. BATCHELOR. Also,
REGEN BEATING EXTRACT OF MILLEFLEUES,
FOT restoring and Beautifying the Hair.
CHARLES BATCHELOR, Now York.
l'ai , ii .. : ,??
mrtBE SALE OF THE PLANTATION BIT
TERS _ without precedent In the history of the world.
Thoro ia no secret in the matter, xnoy are at ouco tho
moat speedy, strengthening health-restorer ever dis
covered. It require? but a single trial to understand
this. Their purity eau always be reliad apon. They
are oonTp-sea of tho celebrated CaUsaya Bark, Caaoarilla
Bark, Dandelion, Obamomlle Flowers, Lavender
Flowers, Wintorgreen, Anise, Oloverbuds, Orange-poel,
Snake-root, Caraway, Coriander, Burdock,
They are especially rocommonded to clergymen, pub
Uc speakers, and persons of literary habits and seden
tary life, wbo require free digo*ition, a relish for food,
and olear mental faculties.
Delicate females and weak persons are certain to find
in thcso Bitters what thoy havo so long looked for.
Thoy purify, strengthen and Invigorate.
They create a healthy appetite.
They aro an antidote to change of water and diet.
They over?eme effects of dissipation and late hoars.
They strengthen the system and enliven the mind.
They prevent miasmatic and intermittent favors.
They purify the breath and acidity of the stomaoh.
They oure Dyspepsia and Constipation.
They cure Diarrhea, Cholera and Cholera Morbos.
__ey cure Liver Complaint and Nervous Headache.
They are the boat Bitters in the world. They make
the weak man strong, and are exhausted nature'a great
Tho following startling and emphatic atatemonts can
bo seen at our office.
Letter of Rov. E. F. OB Aire, Chaplain of the 107th New
Nx_ ACQUIA C__c, March 4th, 1803.
0 wing to the great exposure and terrible deoomposl
Uon after tho battle of Antletain, I waa utterly prostrat
ed and very dick. My stomach would not retain medi
cine. An artlclo called Plantation Bitters, prepared by
Dr. D-AK-, of New York, waa prescribed to give me
strength and an appetite. To my great surprise they
gave me imjmediate rollet Two bottles almost allowed
me to join my regiment. . . . . I bavo Blnco seen
them used in many oases, and am free to say, for hos
pital or private purposes I know of nothing Uko them.
. ??> Rev. E. F. CRANE, Chaplain.
Letter from the Rev. N. E. GILDS, St. CloIrsvHlo, Pa.
G_M_-_K?< ;- You were kind enough, on a former oo
?asion, to send me a half dorzen botUes of Plantation
Bitters for $3 60, My wife having derived so much
benefit from tho nae of these Bitters, I desire her to
continue them, and you wUI please send us six bottles
more for the money enolosed.
I am, very truly, yours,
N. E. OILDS, Pastor Ger. Ref. Church,
Bo-Dirns' Bouts, BUT__i-T_-r>_H_'B Orno-, \
OiHcujfHA?, OHIO, Jan. 16th, 1809. j
'.>* * ? . * - . * .
1 have given your Plantation Bitters to hundreds of
our noble Boldlers who slop here, more or less disabled
from varieus causes, and tbo effect ia marvelloaa and
Buch a preparation as this is I heartily wish in evory
family, in every hospital, and at hand on every battie
field. O. W. D. ANDREWS, Superintendent.
Dr. W. A. Oni-DB, Burgeon of tho Tenth Verment Re
giment, writes:-"I wish every soldier had a bottle of
Plantation Bitters. They are tho meet effective, per
fect, and harmless tonto I ever used."
Wn_-_iD's Horan, 1
WAfcuiNOTO-, D. 0., May lid, 1809. J
a_x__j_M:-We require another ?apply of your
Plantation Bitters, the popularity of which dally ">
oroases with tho guest? of our house.
BYEJEfl, OnADWIOH A 00.
.."*_, A?. ', ko. k4. Act.
Be sore that every bottle bears the fac-simUo of our
Signatare on a steal plate label, with oar pr?valo stamp
over Ute oork.
P. H. DRAKE & CO,
No. ?M BROADWAY, N. Y.
Bold by _Urespectable Druggists, Physicians, Grooers,
8<___s, and country HoU-do alors. ,
April 19 _r_tnlyr
PRIVATE PARLOR No. 3.
LATE OF BERLIN, PRUfcSIA,
IMPORTANT NEW INVENTION.
SINGLE AND DOUBLE V18ION
THE ONLY PERFECT LENS IN EXI8TENCE.
Superior to any other in use-constructed In accordance
with the science aud philosophy of nature In tho pecu
liar form of a
Admirably adapted to tho Organ of Sight, and perfectly
natural to tho oto, affording altogether the beat artificial
help to the human vision ever invented.
Sold only ,by the Professor of Opt!?? and Specntclo
Of these Spectacles over all others, aro :
1st.-TIic only true Lena- knnwn, lxinr?
perfectly freo from chromatic light BO --'.oil Itnown to bo
the causo of injury t3 tho vision, and which makes the,
chango from Spectacles to Glasses of strougor powurs BO
often required, while, both near and dtataut objects .ire
seen with equal facility through tho'samo Olassos.
Md.-Can lu; worn -wit li p?*rfcct ease foi
any length of timo at ono Hitting, giving astonishing
clcarnotB of vision, particularly by candi? or other arti.'
flclol light-comfort to tho spectacle wearer hitherto un
3d.-When the eyes aclio or pain throngh
the action of a bright light, such as is reflected from
snow. Bunny weather, whlto paper, and in reading,
writing or sowing, or vivid colored bodies, these lenses,
by softening the raye, effect a most agreeable sensation i
and give great relief.
4 tl?.-In nil? nervous affections of tlie eye
causing dull and startling pain s in the oyc-ball or tem
ple, appearance of luminous and dark spots in the at
mosphere, aohlng or feeling Uko sand In tho eye, the
disturbed nerves are quieted and soothed.
Ittli.-Ground by peculiar macUinery, got
up at great cost, mathematically calculated expressly
for tbo manulacture of this lons, so as to produce it with
tho true epher cal accuracy, and its focus is at the exact
centre, a point of vital importance, and which no other
Oth.-Proof of superiority over tlic old
klud of Spectacles. Thoy are used exclusively at all the
hospitals for diseases of the oye, lu Berlin, Prussia, and
TESTIMONY OF RECOMMENDATIONS
From Medical gentlemen, Professors of tho highest
Opthalmlc talent in Charleston. 8. C, and In the Union
OHABLE8TON, S. C, May 38th, 1866.
I have examined a great variety of Glasses manufac
tured by Profoi-sor M. BBUMUARDT, and lu justice to the
Professor muBt say, that bis Olassea are of a superior
quality, adapted to meet tbo wanta of almost every eye,
where the vision l8 in auy way imperfect The Proles,
sor selected for me a pair of bia Australian Crystal
O lasses which are of a very superior quality and work
manship, rendering vision vory distinct, almost aa per
fect aa in youth. 1 yield this testimony in favor ol U)e
Professor's Glasses most cheerfully.
E. GEDDINGS, M. li.
I cheerfully concur lu the opinion above expressed ol
the value of Profeaior BRBNHAAOTS' Olassea, and their
adaptability to alldofoctH of vtaion, and also to his skill
and judgment in adapting tho gland to each special im
perfection. II. W. ln:?AU8_UBB, M. D.
CHARLESTON, S. (.'.. May 28th, I860.
I do most willingly bear my testimony in favor of the
superiority ol tho Australian Crystal-ningle and dou
ble vision spcrtaclt-s ov?r all other k'inis Thoy are
constructed upon tbo boat established and understood
principles of optics, and their adaptation to the human
eye in its different conditions of vision is so perfect, aa
to render sight i-uny without effort. In my opinion,
none others should bo used sinco the eyes once used to
those do not seem to grow old, and by havlug a focus
at any point of tho surface, thoy appear to rest o'er the
eyee to their youthful energy.
T. L. OOIEB, M. D.
OHABLESIOK. 8. C, May 28th, 1866.
I havo examined Professor BFBNHABDTB' very com
plete assortment of Spectacles and Lenses. They are
better adapted than any I have before se? n to remody
the imperfection of vision that can be benefittod by the
use of Olasaes. The pureneas and dearnesa of the Crys
tal used, ta an item worthy of special attention, aa I can
testify from uersonal experience. I recommend Profes
sor BKHNH-BOT with oonfldenoo and great cheerfulnoso,
to the patronage of the puolic.
J?VMES P. JEBVET, M. D.
OHABLESXON, 8. C, May 28th, 1866.
I have examined a gr.-at variety of Olaaaea manufac
tured by Professor M. BBRNBABDT, and consider them
superior in quality and adapted to meet the wanta of
almost every eye, in which there is a defect of vision, I
cheerfully recommend Professer BKIINUAUUX'S Glasea
to tho ae requiring assistance.
W. H. HUOEB, M. D.
OBABLEBTON, 8. O. May 28th, 1866.
I have exam lu o i an ejtensive assortment of. (liasses
In tho possession ot Pv tot-sor linuNiiAiuvr, and'consider
them of BUperlor .. lity. They axe adapted to
every age and suitable to tho various defects of vision,
in whloh glasses aro indicated. I take great pleasure in
recommending them to tho attention of those in need of
auch articles. B. A. KINLOCH, M. D.
CHARLESTON, 8. 0., May 28th, 1866.
We have examined the Lenses of Prof, BRBNHAUDT,
and consider them superior to any we have Been, They
are admirably adapted not only to improve the imper
fections of Impaired sight, but to relievo tho weariness of
vision which constant study produces. Many of the
Olaaaea are of new and ingenloua oontrivat co. We cor
dially recommend the Professor to all those who require
scientific optical asilstance.
ELIAS IIORLBEOK, M. D.
WILLIAM 0. HOBLBEOK, M. D.
WM. T. WBAQO, M. D.
F. PEYBE PORCHER, M. D.
F. M. BOBERTSON, M. D. i
OHAS. HANOKEL, late Rector of St Paul's Ohuroh,
Radcliff? borough, Charleston.
THOMAS SMYTH, D.D., Pastor of 2d Presbyterian
J. S. HANOKEL, Professor.
W. B. HOWE, Rector 81. Philip's.
0. P. OADSDEN, Rector St. Luke's.
Tontlmonlals similar to the above may be seen at Prof.
B_RNIIABDT'B office, from
JOSEPH H. PLUNKETT, Paator of St. Paul'?, Porta
Hon. JONATHAN WOBTH, Governor of North Carolina.
Hon. A. O. CURTIN. Governor of Pennsylvania. .
Hon. O. P. MORTON, Governor of Indiana.
Hon. B. A. SWIFT, Governor of Minnesota,
Hon. ALEX. RAMSEY, Ex-Governor of Minnesota.
Hon. RICHARD YATES, Governor of Illinois.
H. SEYMOUR, Governor of Now York.
B, B. FE S I ON, Go vorn or of New York.
And other dlatlnguished gentlemen.
Many years of public practice and st .niy In the hospi
tals In Europe, adjusting spectacles to patienta under
eve?y aspect of defective vision, as well as experience
In an extensivo, long-established business In hla optical
stores, both here and in Europe, Prof. IIEUNIIAHDT con
siders it a sufndentgUsrantao of his ability to apply such
glasses aa are best calculated for the assistance or re
covery of lmperfcot sight. < .,,,'..
Offloe Hours from O A. M. to 8 P. Bl.
HILLS HOUSE, LADIES' ENTRANCE,
Second Floor, Privat? Parlor T.o. 3.
I N. B.-Owing to engagements elsewhere, Prof. Banu
UAUI>T will be able to remain here but a abort time only.
| Moy H Jmv
THE PUBLISHERS OF
THE CHARLESTON DULY NEWS
Beg respectfully to return their thanke to tho
public for its liberal support to thuir Journal, and
promieo that in tho future, au in the past, it shall
bo their aim to make
MOST DESIRABLE PAPER
in the country. It haB now
THE LARGEST -RCllLATIO
of any Newspaper issued in tho State, and is
THE LARGEST IN SIZE
of any Paper published in the State-issued in
folio form of eight pageB, and the size of the New
It ia univoreally conceded that
THE CHARLESTON DAILY NEWS
I _Sr _D 33 _? _E_ IST ID E IST T,
BEST COMMERCIAL NEWSPAPER
published in the South. It is
A SOUTHERN PAPER,
Many of our frionda haye epolion and written to
as concerning the pablioatioa of a Tri-Weekly. We
have thought of doing this for some time, bot
owing to the general disarrangement of postal af
fairs, we have conckided not to do so until the
commencement of next season.
On the first of Soptomborwe will commence to
publish a country edition of Tax Naws, and t
shall be our aim to make tho paper the best eyer -
issued in this State. We intend introducing en
tiroly new features in this onUrprLs?; it willmot
be a summary of the daily, but will be complote
and original in itnolf, and we are certain that its
patrons will be as well pleased with it as are
our presentJpatronB pleased with tho daily.
TERMS OF _>____._" =
Six months. 6.00
Three months. 3.60
CATHCART, KULLA- & MCRTOH
No. l8 HAYNE-STREET
OQ \ ??LE-TON, S. C.