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VOLUME VIL-NUMBER 1093. CIIAKLESTON, S. C., MONDAY MORNING, MAHCH 1, 1869. SIX DOLLARS PER ANNUM BY TELEGRAPH. EUROPE. THE ALABAMA CLAIMS AMD TBS fiTATH OF ENQ LIBH FEELING. LONDON, Jane 4.-La the HOUBO of Lords, thia evening, Sir Stratford de Radcliffe moved for a copy of all the Alabama treaty. He said the government had shown the greatest con? ciliation in ita desire to maintain peace, and trusted that .vben negotiations were resumed between the two countries a calmer spirit than /hat which succeeded Mr. Sumner's speech would show its influence. He hoped that ne? gotiations would placo their relations upon a satisfactory footing, and all would rejoice if that end could ba attained by the able man whom all loved. Lord Clarendon regretted tho unavoidable delay in furnishing tho papers called for. He traoed the history of negotiations, and said that the House of Commons was not entitled to ?asume that the majority of tho Sonato and people of the United States supported Mr. ? Sumner's demand. He believed that without ; intervention the sympathetic feelings and good : sense of America would ultimately prevail. TJse friendly feelings of the United States were re? ciprocated. He would shrink fro xi no sacrifias to maintain peace, hst the national honor ru nut be maintained. He was not aware of the nature of Mr. Motley's instructions, but he hoped what had occurred would promote and not hinder negotiations, as the terms that England was wil? ling to accord or must refuse were well known. LONDON, June fi.-The temperate speech of Lord Clarendon, in the House of Lords, last evening, on the subject of the Alabama treaty, elicited the following comments from the Lon? don journal ?, this morning : The Standard says : "Negotiations for the Alabama treaty failed because America never intended them to succeed. If England now admits that it is her duty to renew her exTorts for a peaceful settlement, it is withe ut hope. Our honest desire for such a sot (lemont will not be appreciated but by a small section of the American people. Meantime, until the details of Motley's mission are known, we should fold our hands and limit onr compli? ments to bim as a great historian." The Star says : "Americans can no longer doubt our willingness to do them right, or our determination to preserve our national char? acter and credit." The Post says a new attempt for the settle? ment of tho Alabama claims must come from America, and hopes that due precaution will be taken to secure England against accepting a treaty almost with humility, wbioh will be rejeoted at last with contumely. The Standard, after attributing arrogance and greed to America, says: "No English min? ister ever had to make any explanation so hu? miliating as that which Lord Clarendon bad uttered in the House of Lords. However con? scious of the sincerity of his motives and the rectitude of bis oonduot, it was no less a hu? miliation to bo obliged to treat, in the conven? tional phrases of diplomacy, with a country that basseted as the United States did ia the Alabama case." Ibo Telegraph (Ministerial organ) says: from what has transpired in the House of . *-,da lut Dight, Minister Motley oan aacer bltie aro to reopen nogotio-A , ^-v-??' that. iii Vh? ~--? 1 eu, the country hos gone far enough. may solicit with success, he oan find jihe articles of the rejected convention; and jp/dttitis hopeless even to suggest, he can find pa Senator Sumner's speech." Lord Broughton, formerly Secretary of War, is dead, aged 83. SPAIN AND CUBA. Miriam, June 5.-Admiral Topete read Dulce's telegram, announcing his resignation as Captain General of Cuba, before the Cortes last evening. Great excitement prevailed. Maiobftl Serrano asked for a suspension of judgment until the arrival of Daloe, and until particulars in the matter ore known. It ia rumored that General Duloe was recalled on account of his lenity to the Cuban insurgents. THE STATUS OF TEXAS. J WASHINGTON, June 6.-Io the case of James ? ?Weaver, a citizen or Texas, tried for murder, y "convicted and sentenced to be hung by a mili ' tary commiesIOD, the Attorney-General has given an opinion, in which he reviews the Re? construction laws and the duties of command . lng officers, and says: "As the State of Texas bad not, in September, 1868, aad has not since, . adopted a constitution in conformity with the provisions of the sot of Congress, and has not become entitled to representation in Congress, the set was operative ia Texas at the time the military commis sion was orgaaized for the trial ol Weaver, and the commanding general exorcised the discretion ea trusted to him by the third section, by deciding that it was necessary that a military commission kssshould be organized for the trial. If, there ?fore, the statute of March 2 1867, is a oonsti Ptutional and valid statute, it thea appears that I tbe jurisdiction ol the said military commis I sion was completo, and. that there is no legal 1 obstacle to the execution of the sentence." The Attorney-Geueral maintains that the right of war dil not necessarily terminate with the cessation of active and actual hostilities, and Bot until the work of restoring the rotations of peace shall bave boen accomplished, oan it be so considered. Ii is for Congress to deter n 'ne when the war has so far ended that the wjork CAP be safely and successfully completed. The Attorney-General sees no reason in law for withholding the President's approval of the indinga." Daring bis argument, the Attorney Qeneral said : '-It is obvious that Congress, tudor the constitution, hos no right in time of place, to subject any oltizen of a State.to trial iud punishment by military power." A CUBAN REVEUSE. u . nov, June 6.-The Spanish Legn ! ? has a semi-official Cuban letter dated the !! ' Itiru6? reporting a seoond encounter with tho tii unters %bout May the 11th, capturing tho cm . recently landed consisting of twelve .;i?;., o0 hundred and fifty thousand car? tridges, rjth other ammunition, with many barrels of ^d bread and potatoes. SP.ityCS FROM THE WIRES. The Frenoh Vansatlantio cable is completed. Two negro jotters have commenced to work in the Washing Navy Yard, Three thousand emigrants sailed from Liver? pool during the we* ending Jun? 4. Charles Langston (colorad) bas been ap? pointed to the United Slate? Mission to li? beria. General Thomas has assumed command of ! the United States forces at S*n Franoisoo, OK* Mallock, who bas been transferred to the Do* . part ment of the South. The President bas appointed Chas. ft. M ob? ley attorney for the Southern District of Flori? da, and John Lynch Surveyor-General of tho Dutrict Of Louisiana. THE EE CENT COUNTY ELECTIONS. Additional Returns. The returns of tho rooont county ?lections, given in our (State exchanges, are somewhat fragmentary and unsatisfactory, but indicate generally a great lack of interest among our people in the result. We give below such ad? ditional part;culars as have reached us ; - OOI.LKTQS. An esteemed correspondent of Tns NEWS, writes from Walterboro', under date of the 3d inst. : On tho 25th inst, an eleotion was held for Probate Judge, County Commissioner and Cor? oner ot Colleton. as usual bore tho Radical nominees have boen elected. Tbero was no attempt mado on the part of tbe whites to . nominate and ran -candidates in opposition to j the Kadi cala, but a part of the oolored people, completely disgusted with oarpot-bag adventu? rers and irresponsible plunderers, openly de dared they woald not support the Radical nominee for Probate Judge, Jesse S. Craig, (formerly member of negro convention) and nominated C. B. Farmer, Esq , ex-Judge of the District Court, as an independent candi? date. The white people of this county, from their past experience of the pumo faith of the negroes, did not believe thai they would vote against the nominees of their party, and there? fore romaines! at home and left thia ht;,I o band of well-meaning freedmen to fight ont their battle almost alone. Out of tbree hundred votes for Farmer, two-thirds were colored. The Radicals were indifferent at first, but fearing Farmer would be elected the loading county officer.* attended thc different polls, and by in? timidation and threats, and,in come oases, by open violence, took away the Farmer tickets and compelled the negroes to vo;o for Craig. The result was the election of the following Radicals: Probate J.dge, Joste S. Craig; County Commissioner, O.P. Jacoby; Coroner, J. J. Halford. ABBEVILLE. The Abbeville Press of Thursday last says : The Commissioners of Eleotion, after receiv? ing the report of the various boards of mana? gers, concluded, (after a three days' delibera? tion,) to adopt the same without addition of modification or comment. This report differs in various particulars from tho imperfect re? turns which ?ve oublished last week, and is substantially as follows : FOR THE SENATE. James S. Cothran. 1408 Lemuel L. Guffin. 1403 ' FOB COUNTY COMMISSIONERS. W. H. Taggart. 1407 Edward Westfield. 1403 L. P. Guffin. li03 A. P. Conner. 1333 A. P. Corror. 72 FOB CORONER. Robert Jones. 1418 James A. McOord. 1389 It will thus be seen that Jas. S. Cothran ?Democrat) has been elected Senator-Wm. I. Taggart (Democrat) one ot the County Commiesioners; whilst there is a tie between Edward Westfield (Democrat) and Lu P. Guf? fin (Radical) for the other vacanoy; and some seventy-two votes ore claimed by A. P. Conner, (which were polled for A. P. Corror) which if conceded would give him a majority. And Ro? bert Jones (a Demoorat who was run upon the Radical ticker without bis consent) a very ac? ceptable mon to all parties, has been elected Coroner. We think no better proof could be offered of the fairness of an eleotion than this report of the Commissioners, who, ofter threo days in? vestigation, could find no ground for impeach? ing its validity. ANDERSON. Tbe result in Anderson County was as fol? lows: For School Commissioner-W. H. Hay nte, Independent, 718 votee; J. M. Carlisle, Democrat, 405. For Cq^n?r^^rge^^Ham^ '^a?rf William H. Haynic, independent candi? dato, who was voted tor by both parties, has been elected school commissioner over the regular Democratic nominee, Rev. John M. Carlisle. The vote is scarcely more than one third of the whole number of persons entitled to vote in this county, and we aro not disposed to attach much importance to tbe result, al? though it is to be regretted that there is not more unanimity in the Demooratio ranks. Plenums. An eleotion was held in Pick ms County on Tuesday, the 25th ult., for a membor of the Legislature to fill the unexpired term of W. T. Field, resigned, and for coroner. We believe there was nd party spirit or excitement in thc eleotion, and the candidates run mainly on their personal popularity. The Courier states that J. E. Hagood was elected to the first, and J. W. Major to tho second position. They ore both Dencoorats. KDflS if I ir i fT?, Philip Eichelberger, (Republican,) receives for Coroner 1057 votes-Abraham Jones, (Dem? ocrat,) 457. F AIRFIELD. In Fairfield, W. M. Nelson is elected Judge of Probato, W. J. Crawford, County r'ommis missioner, and Robert Hawthorn, Coroner all Republicans. DARLINGTON. Darlington County gives, for Clerk of Coun? ty, W. E. Charles, (Republican,) 1635; E. B. Branson, (Democrat,) 608; Coroner, John 0. GatUn, (Republican,) 1674. CHE8TEB. In Chester there seems to have been no op? position to the Demoorat nominee. Dr. E. Corn? wall is elected Coroner. Only 126 votes were polled. LAUBEN 8. The Republicans figure out the following as the result io Laureas: For School Commis? sioner, Nathaniel Freeman, (Republican,) re? ceived 175 majority, and for coroner, W. Fowler, 176 majority. The Laurenaville Herald says the most shameless frauds were practiced by the Radicals. OOONEE. In Oooneo the election of J. W. HoUiman, (Republican,) is claimed. The vote polled was very small. '< RETURN or EX-?OVERNOU RETNOLUB. -By a lately arrived steamer the Hon. Thomas C. Reynolds, of Missouri, formerly a native of Ghaxleston, returned to bis home from Mexico. An interesting incident occurred soon after the arrival of Lieutenant-Governor Reynolds in St. Louis. He surrendered to Governor McClurg, of Missouri, tbe original great seal of the State, which h i took with him when ho went to Virginia during the war. In doing so he states that all objection he may have had to its surrender is removed, because in November las', for tho first time. State offi? cers were chosen in profound poaco. the Gov? ernor replies in a polite letter, in which he say 9 he but expresses tho feelings of every good citizen in saying, "D In gratifying to witness not only the return of the old to its original and legitimate placo from which it had unwarrantedly strayed, but the return of sn old and influential citizen to hie legitimate duties." MORE VICTIMS OF KEROSENE.--A horrible ac? cident occurred at thc Superior Mino, Wiscon? sin, recently. Mrs, Dwyer, white attempting to light a fire in the cook-stove, resorted to the kerosene oan; and, while pouring oil io among this coals U exploded. Her oiothoa w?ro satu? rated with oil, and the fire enveloped Der en? tit? person. 8he ran outside of the hons* and nearly succeeded in extinguishing the ere, when, all of a sudden, the thought struck ber that t wo of her little girls, one two and the other twelve years oki, Were still in the house; whereupon she rushed to the children, took fire a second time, and burned almost to a crisp. She succeeded in rescuing the oldest from tho flames, not until badly burned, but the other little gul waa buroed to ashes. Nothing waa found arter the fire except some bonos. . " * ..?^a?-?*-e?. ? The thrifty Chinese in San Francisco ara said to hat? ?5,000,000 gold boarded m old Btoo* ing?, and a savings bank has boen started 4 to get it into olroulatton. ZT. 8. CIRCUIT COURT--CHIEF JUSTICE i S. F. CUA.SE, PRESIDING. The court opened at ten o'clock Saturday morning, Chief Justice 8. P. Chase and Judge Bryan on th* bench. Chief Justice Chase delivered the following opinions : TWO HUNDRED AND FIFTY BARRELS OF MOL?S8E8 AND OTU EB MEIICIJAFD1SB VS. IKK UNITED STATES-IN ADMIRALTY. This causo comes here on appeal from a de? cree of condemnation pronounced bv the Dis? trict Court against certain merchandise, as forfeited to the United States, hy reason of at? tempted fraud upon the rovenue. The decree of condemnation is issued against tho whole cargo of the British schooner Aid, mentioned in an invoice of goods consigned to Balas A Co., and imported into Charleston on the second of July, 1866, from Matanzas in the Island of (juba. '1 he packages falsely entered upon the in? voice were four hogsheads entered as contain? ing sugar, cac li of which in fact contained a cask ot brandy or distilled spirits, packed in sugar; and three other hogsheads entered as sogar, each of which in fact contained a oase of segare packed in sugar; and tour quarter casks entered as wine, each of which in fact contained rum or distilled spirits, lhere were twenty-live hogsheads entered as SJugar, iu all of which seven unlawfully ontcrid, as first elated, and thirty quarter casks entered as wine, of which lour unlawfully enteied. The rest of the hogsheads of sugar, the rest of the quarter casks of wine and tbe whole remain? der of the cargo, consisting of two hundred and fifty barrels and twenty-three tierces of molasses, OL,O hundred and thirty-one barrels of su -rar and a largo qoaniity of other goods, such as macoarom, olivo oil, sugar, syrup and the wino, seem to have been truly entered upon the invoice. The whole invoice was con? signed to Salas & Co., of Charleston. The evidence excludes all reasonable doubt that the goods, exoept twenty bags of coffee, were purchased by or for account of Salas & Co. in Cuba, either througb DoCosta Sc Mudan or with funds furnished by that firm. The whole cargo was shipped by DaCosta & Madan, un? der the direction of F. P. Salas, and bills were drawn by them on Salas & Co. for the amount of it, The claims put in by other persons are un? supported by the proofs. It is remarkable that Salas & Co. disclaim ownership and claim only as consignees. As consignees, however, this firm, through one of its members, F. P. Salas, represents the invoioe as true, mode an entry of the goods by reason of it, at the Custom? house, Charleston, and obtained the usual per? mit to land part of the goods, for which he was prepared to pay the duties. A port ot these goods were lauded and conveyed to .the house of Salas &> Co. While the Aid was being discharged under the permit, it was d scov ered that a port> of che goods were falsely en? tered on the invoic -. The entry and permit were, therefore, revoked, and all the goods mentioned in the invoice, whether remaining oo board the schooner or landed, were seized, and the bill now before us was filed for con? demnation. Two grounds are relied upon for the reversal of the decree of the District Court. First, that the seizure oi part of the goods was upon land, and that as to this portion there is no jurisdiction in admiralty. Second, that the forfeiture contemplated by the statute is of the fraudulent packages only, and not of the whole invoice. To the first objection I think it is a sufficient answer that no objection to the jurisdiction is taken in the claim and answer of Salai & Co. But if the objection were not too late, it would be difficult to sustain it. The goods w?ro in the sot of being discharged. The discharge bad not been completed. A large portion was still on board the vessel. Ihe fraud was not discovered nntii a part had been lanced. Un? der the circumstances, it is not unreasonable to regard that^portion^rf^he goods which had forced, by forfeitures, the payme'n^ on imported merchandise, first providing for the forfeiture of the particular articles import? ed in violation of law, afterward by forfeiture of the package in which those articles were contained, and finally enaoting the law of March 8.1868. This lost oct provides that no goods, wares or merchandise imported after July 1, 1863, shall be admitted to entry unless on produc? tion of the required invoice and compliance with the other terms prescribed, and that if any owner, consignee or agent of any goods, wares or merchandiso shall attempt to make entry of them by false invoioe, said goods shall be forfeited. What goods ? The particular articles fraudu? lently imported. That will hardly be contended, for it would mitigate the already existing penal? ty; and the policy of Congress, in view of the exigencies of the revenue and of imaginary fraud, was to retain, not diminish, the former surety. Was it the packages ia which the fraudulent articles was concealed? This con? struction would leave the former law, in this respect, unaltered, white it was the manifest purpose of Congress to alter it, and augment the penalty. No construction will carry out the obvious desigu except that which the words of the law manifestly suggest, and which make the penalty apply to the whole invoice, owned or shipped by Salas. This con? struction ondemos all the goo ls included in the invoice, exoept the twenty bags of coffee belonging to Gonzales. The decree of the District Court will, therefore, be affirmed. J. H. BALDWIN VS. CAROLINE A. LAMAR, ADMINIS? TRATRIX OF C. A. Xi, LAMAS. This was originally a suit on which a verdict was obtained the 9th of May. 1859, by the plaintiff against the defendant, for $25,350. Un motion, this verdict was set aside, and a new trial was ordered. Ou the 18th of May, 1860, another verdict was reudered against the de? fendant for $14.666 66, On the 4th of June, the time for tiling the bill of exceptions was extended for two months. On the 8th of Au? gust, tho time for filing exceptions was again extended to the 1st of November, 1860. The civil war, whioh soon followed, prevent? ed any further action at that time. On tbe 13th of February, 1867, tbe plaintiff proposed to file a transcript of the proceedings of the Circuit Court in this case, and also in the case of Bald? win vs. O. A.-L. Lamar, and others. A rule was isaued upon the administratrix, Lamar, to show cause why the order prayed for should not ba mode. The rule was only served and returned, and on the 21st of May. 1867, the or? der was made sud the transcript flied. A motion ls now made for a judgment upon the verdict evidenced by this record. The statute of the Stats, Whioh has been practi? cally adopted as the rule of proceeding in this court, provides that the transcript of a record lost or abstracted, when proved and filed, shall have precisely the same effeot as if the record had never been disturbed. The question then is: What would be the right of the plaintiff if the verdict, obtained ia May. 1860 had remained on the record of the court during this wbole period, and now, for the first time, a judgment was asked upon it? Undoubtedly a judgment ought to be entered upon tho verdict: bat lt cannot bo entered nunc pro tune. The accidents and events of the war most be regarded os causing inevita? ble dela*. A judgment will only bo rendered when asked. The plaintiff would be entitled to a judgment at this term. If this was all.' But Lamar, the defendant, has been dead four years. The plaintiff appears to have takon for granted that the if sue of the rule to show oause why the order to Ale tho transcript should not be entered mada tho admin? istratrix a party to this record. We do not think so. We think that the record stand? precisely as it worild stand if there, had been no war, and Ibis was tho next torin after the verdict. If Mr. Lam ir had died after tba rendition of tho verdict, before judg? ment oon!d be entered, it would then bo neces? sary to make the administratrix a party. This could be done lu various ways, according to circumstances. It could be don? an motion, or by a rule to show causo, or by a seine facias; and wo think a toire facias should i ba issued in thia case especially; the administratrix ia not a oltiasn of thia State, and it is proper that she should ha vo the opportunity of pleading to tba Mir* facia*. %df not know that any Idea will'avail her. Wo do not proposa to go nto an examination of soy question of jurisdic? tion or other defence tn advance. The caso was transferred to thia- nowt from the Circuit Court for the District ot Georgia. We have boan referred to es authority for r?transfor. No order for retransfer, therefore, will now be made. The oase will be continued, la order that the administratrix of tbe deceased defendant may be made a party to the record. ALEXANDKB MCLEOD VB. T. C. CALICOTT, This ia a motion for a new trial. The grounds assigned are that the verdict wt s oontrary to the charge of the court. The court left to the jury the question of the good faith of Calicott as an officer of the government in? tending the honest exercise ot iva-functions in the seizure of the cotton. We also left to tl.e jury the question whether the cotton dsclf was part of that surrendered by thc military authorities of the Confederate Government upon the termination cf hostilities. Upon the second question, wo think the finding was clearly right. It ls not impossible that this cotton was in faot the property of tho Confederate Government during tbe rebellion, and included in the surrender mads by the Generals of the Confederate armies at tbe con? clusion of hostilities. It is enough to say that no evidence to t his effect was oftsced to the jury. But there was some or a contrary ten? dency, i It was, therefore, clearly a seizure unwar? ranted of law. The only question WAS whether Mr. Calicott was protected by his olS^al char? acter. We thought he was, if ho v. ,n acting m good faith, in the exercise of his authority <s supervising agent, though mistaken as lo tho character of the cotton. The question of good faith-of honest mistake-was *eft, and, we think, properly left to the jury. Wftthoueht that the evidence taken altogether \. rranded a verdict in favor of tho d?tendant, soc should have been quite satisfied bad such ?"verdict been rendered. Wo cannot say that there was no \ e- id?neo that warranted tho conclusion of y o jury. Townsend's statement, admitted byTfhe Dis? trict Attorney, was that Calicott told him that he knew he had no authority to make the seizure, that he was willing to take $200, or some such sum, and release tho cot? ton. There was testimony, also which showed an omission io Caliootfs report to the,/ Secre? tary of the Treasury of an important part of the correspondence between himself-and the counsel of the defendant. And there was evi dence also that when the whole matter had been submitted to the Secretary of the Trea? sury, and he bad directed that the,'cotton should be released upon the defendant giving the usual certificate of probable causo, Cali? cott required, as an additional condition of re? lease, a bond of indemnity to himself, \ The jury might possibly have inerred, from all these things, that Calicott was not acting in good faith. He cannot say that conclusion was wrong. Upon the whole evidence, and we do not go into that in favor of the defendant, our couelu sion waa tho other way. But, the matter of | fact was fairly left to the jury, and was pecu? liarly within their province. We cannot set aside their verdict because the jory did not agree with us as to the pre? ponderance of tho evidence. The motion ior a new trial will be overruled. O. A. PKBDICABI8 VS. THE CHARLES TOW OAS LIGHT COMP AiS T ET AL. The bill in this case was filed by the plain? tiff in hi s own behalf, and in behalf of any others who might come in. and contribute to the expenses of the suit. It is stated that the shares in the Charleston Gaslight Company's stock, belonging to the plaintiff aud others, wero sequestered noder an act of the Confederate Government, and sold during the civil war. It is also stated that in lieu of those shares, other shares of a corres? ponding amount were delivered to the pnr oha8ers, and the prayer of the bill is, that the certificates thus issued mav be declared in? valid; that they may be ordered to be deliver? ed up to bo cancelled; that the defend mts may be restrained from bringing suit for transfer; and that the company may be restrained from allowina* such transfer, and from the payment of dividends. ' To this bill there ls a general demurrer, filed by part of the defendants, and a motion to dissolve the injunction already granted. The only question in the oas-1 is whether the parties are entitled to any relief in this court, upon the case mada by tho bill. This o- ; ?ti.. ure peatedly decided, both by the Circuit Courts ?nd by the Supremo Court of tbe United States, that all acts of . the Confederate Gov? ernment, or the government of a State hostile to the United States and prejudicial to the rights of citizens of States adhering to the Un ou. are void, and convey no title. Perdigar?a is a citizen of an adjoining State. Lt is proper to add that the Gaslight Com? pany hos acted upon the principle just stated, lt is trne that it erased from the books the names of the origin al stockholders whose stock won sold under the sequestration act, and issu? ed new certificates to the purchasers. But this was during the war. Since the war ended, it baa reinstated the names of the original stockholders, and recognized fully their right to dividends. The certificates issued to the purchasers from the Confederate raceiver are, however, still outstanding. Perdicaris, as owner of original stock, claims the interposition of the court against the de? fendants, who, in virtue of their purchases from the receiver, assert a claim to be recog? nized as stockholders upon an equality with himself. , - ?". . , It is very clear that Mr. Perdicans has a ?ood ??so in equity. If tbe whole stock bad elonged to stockholders residing in otber States, and had been sold under the sequestra? tion act, and it con be maintained, alter (he war, that the purchasers are entitled to recog? nition squally with the original stockholders, lt is very c.oar the value of the stock, to the latter, would be reduced just one-hall. Tn ia shows very clearly the equity of Mr. Per? dicaris. There is no way by which he can be relieved except hy a Court of Equity. But it is insisted that the company itself | should bring suit, and that Pardiciris. being only a stockholder, cannot be heard in this conrt. We do not agree to this view. It is not denied that if tbe company had refused to institute proceedings the stockholders might do so. There is no principle of equity admin? istration which denies to a stockholder protec? tion in a Court of Equity. It is true that the corporation represents the corporate interests, and in this ease it would, perhaps, be most ap? propriate that the corporation should bring a Buit for its own protection, and for the protec? tion of the rights of the original stockholder?. Bat it has at least neglected and omitted to io BO. Under such circumstances anv slookholaor may proceed. We think the bill flied in this caso by tho plaintiff tor his own ' benefit, and for the benefit of his co-stockholders, is prop? erly conceived, and that upon the oise mode hy it, the plaintiff is entitled to the relief asked. The demurrer must bo overruled, and the root'on to dissolve the injunction must be denied. The d?fendants will have leave to answer nnder tbs rule. E. W. BATNABD, EX?CDTOH, VS. TH* UNITED STATES COTTON COMPANY. Several quos ions of muoh interest wer? rory well and very earnestly argued io this oas :; upon all of which, except one, wo shall refrain from expressing an opinion, since the d?cision of that ono must determine the con? troversy before us. * With a view to the commencement of a suit against the United States Cotton Company, a Dorporation created by the laws of New York, and having its principal plaoe of business in New York, process was sued out against the United States Sea Island Cotton Company. Ibis process was returned with an acceptance ot service by the agent of the United States Dot ton Company having charge of its business m South Carol IL a endorsed upon it. There was ne other service before the com? pany, nor did the company ever appear to the snit. Every step taken in it was by tba plain? tiff alone, and against tho defendant as ia de? fault. The fondamental question in the case ls, .herefbre, was the United States Cotton Com? pany muds * party to tho snit by tho accept? ance of servios brit? agent ? . No proof of authority to tbe agent to accept service of process in behalf of the company in In the case. Acceptance,. therefore, has no other legal affect than simple service upon the agent. It seemed tm be admitted that the Cotton Company waa transacting avery considerable business m South Carolina, and it was argued that service ninon tts agent enstra-.ted with tbs management of this business must be ro gaidod aa sor vico upon the company. Bat suppose a partnership io Now York do? ing business In South Carolin?, po old that partnership bo mads ajtottavimo to a snit at law ta South,Carolina, by serviaeonita agent here? If th? case of a corporation it must be in this, that lt ia eran loas hablo to bs sued di? rect ly in any othor State than that by whose laws it exists and acts. This view does not leave the plaintiff without remedy. Ha may bring his action of trespass * to try title against any one whom ho finds in possession ol the land , or, if he find it unoccu? pied, may take possession under his claim of title and put the adverse claimant to his legal remedy. The several motions made in behalf of the plaintiff must be denied. CAROLINE CAUSON VB. ALEXANDER ROBERTSON ET AL. In this case the only question is as to par? ties, and vre are called upon to moot it at the threshold. Tho objection of the want of par? tios may be taken at any time in tho progress of a cause, and even in the appellate oouct. The objection will be disregarded whenever taken, if it appears that the partied are not necessary, or if, although convenient and un? der some oircn n st anees necessary, they oannot be made, without depriving the court ot juris? diction. On tho other hand, when it appoare that no final decree can be made without material prejudice to the interests ol parties not before ibo oourt, the court will not proceed without thom, even though such partios are beyond the reach of its process, or cannot be made without ousting the jurisdiction. These nrc general rules, and they apply to courts of the United States as fully as to the courts of the States. In administering these rules, however, the courts of the United States are always careful to ceo .that no citizen of a Htat?, other than thatvin whic!: the defendants resido, shall invoke their i .. V ion in vain, unless it is obviously imposa.: -??&> par?te?* interests of the a bsent defendants in their de? cree?, xn3 only question here ia whether there is any snob obvi?os impossibility in this caso. It is objected, in the first plaoe, that tho partners of the defendant, McBurney, aro indispensable parties. But it is plain upon tho bill and answer that in all the transactions whit h form the subject of litigation, Mr. Mc? Burney represented the firm, and we perceive no good reason why he may not be held to represent them in this suit. Most ot these partners can come in and become parties to the bill, if they desire to do so. If they do not, it will be because they think their inter? ests already adequately represented. The court will not regard tho absence of parties where interests are competently lepre sented as an obstacle to doing justice by a de? cree between the parties actually before it. Tho other objection is, that Elias N. Ball, though named as a party in the bill, has not boon served with process. It is the same objection as the other-namely, want of an indispensable party. This gentleman, it seems, bought the property in litigation of the ex? ecutors of Wm. A. Carson. He gave bis bond, secured by mortgage upon the property, for tho purchase money. Subsequently, eluting the war. he sold to Mc Burney, and by a rangement between himself. McBurney and the executors, McBurney paid the amount duo the execu? tors upon the bond in Confederate notes, and they th ereupon surrendered the bond and dis? charged the mortgage. Subsequently and since the war, Ball, lt eeems, has gone into bank? ruptcy. Under these circumstances we do not perceive that Ball is a necessary party. It does not appear that either he or his assignee in bankruptcy have any interests wbioh will be prejudiced by a decree. At all events, as it seems to us. a decree may be mad? so aa to do complete justice between tho parties before the court, and at the same time protect any' rights which he or his assignee may appear to have. We cannot regard him, therefore, as a neces? sary party. We do not express this opinion without sono hesitation, but our best judgment is that it. will receive the highest sanc? tion should the case go to the Supremo Court. Whether this be so or not, it would bo I a positive wrong in this court to turn from its doors a euitor in another State seeking a remedy against citizens in this State, and thus deny to her a right secured by the constitution, upon i a doubtful queetion in reference to parties. We would follow rath? er the example of Judge Story, that great light of equity jurisprudence, and strain a point in favor of the constitutional right of citizens of veral States^ to sae the citizens of other fie may now fall into will be corrected by a higher oourt. The coutt then adjourned until ll o'clock this morning. A COTTON FACTORY FOR DARLING? TON COUNTY. In another column of THE NXWS will be found a notice' that application will be made for a charter for a cotton factory on Black Creek, near Dove's Depot. This is the first effort that has been made for a cotton factory on that stream, although the idea is not a new one. Alluding to the new project a correspondent writes to the Darlington Democrat over the signature of "?Progress," aa follows : I believe tbe day in not far in the future, when Black Creek will have a factory at every Acoeseable point, as it has many advantages over many other streams. It is healthy at any point-is convenient to transportation-runs through the moat attractive seotion of country in tho State, and is a reliable stream at any season of the year, which is of vast importance in manufacturing. It would be a very serious matter to the stockholders for their mills to stand idle, and four or five hundred operatives waiting fox rain. Black Creek would not suffer this ruinous inconvenience. A cotton factory at the point about to apply for a obarter would probably at this time be the most desirable location, owing to the convenience of transpor? tation. It would not even be at the expense of a dray. Cars on the Cheraw and Darlington Railroad could be loaded and unloaded ?rom the door. Taking in consideration other similar advantages, a factory at thia point could compete with any portion of tbe world With capital end men of energy there would be no failure. Factories pay at the North, and here we have the advantage of climate-length of days-transportation-rents or a very large oapital invested in tbe power. The saving in ltgbt required in a large factory at such times in the year, necessary to work out tbe ten hours per day, would be a large item. The foel to wann a largo factory, not necee jory here, is another item. I will not attempt to point out another advantage, io manufacturing Our own cotton. We ship our cotton to Charleston and from there to all parts of the world, lu Charleston tbe drayage, wharfage, commissions. St '., rubs off something for tnat city, New York the same, and tbe same in Eu? rope or any o her point on it? woy to the fac? tory. For all we consume, we then have to pay the mann fee tarers a, good prone, with ali his taxes attached, in running the gauntlet back to us. In addition to all' the above, over' again, it bas to help pay enormous rents-oity and many other taxes-clerk hire, profite, ?te., of he wholesale dealer. These expenses would give stociiholders here a good profit. SSrFOUR?EEN YEARS OLD.-IN*i858 we purchased the entire stock of a BODS BON WHIS? KEY then taree years old. We now ofter this brand at $5 00 per gallon and SI 60 per bottle, or $15 per dosen, large bottles. Connoisseurs in this city and New York pronounce this tbe finest Whiskey of the day. Buy it and be convinced. Constantly on band other brands, hom Sa 90 to $0 par gallon. WM. B. CORWIN A CO., Importers and Dealers in Fine Brandies, Whiskies, Wine?, Ac, ? Na 275 Km0'-Btreet. Branch of No. OOO Broadway. New York._ tar PHILOSOPHY OF MARRIAGE.-A NBW OODBSK OF LECTURER, as daUvered at tba New York Museum af Anatomy, embracing tba sub? jects : How to Live and What to live for ; Youth, Maturity and Old Aga ; Manhood generally review? ed ; the Cause el Indigestion % Flatul-ues and Her? voua Disssaaa accounted for ; V. arrtage Philosophi? cally Coosldoaaa, Aa. Theas Lectures witl ba for? warded on receipt of four a tampa, by ^dressing i BkCEETABY BALTIMORE MOSttUM OF ANATO? MY? No. 74 Wert BAltimore-stireet, Baltimore. Md. April 19_mwf lyr ^BATCHELORS HAIR DYE.-THIS splendid Hair Dyana the beet H> tl? world; tba only bras andfartaat Dye; harmless, reliable, instanta? neous; ao disappointment; no ridiculous tinta; sam. odies the ttl enacts of bed dyes; invigorates and leaves the batt soft and beautiful Mack ot brown. HOM ty all Druggists ead Perfumers; and properly applied at Batchelor*? Wig Factory, Na - Bond atm!. Haw York. ly? May ll JHarrtefc. PARKER-TROOST.- At Christ Church, on the evening oi May 4th. bv Rev. JOHN FOXTON. D. D., FRANOIS H. PARKER, Esq.. to Miss LILLIE B., daughter of LEWIS TBOOBT, Esq. * ?(ninon). LEO ARK.-Died on tho 1st last., at Rookville, Wadmalaw Island, Mrs. SARAH J. LEGARE, relict of the late Dr. ? HOM AS LEO ABC, aged Cl yeai s. * OREA DY.-Died, in Now York city, May 21st. 1869, JAMES B. GREADY, aged fifty three year?, six months and ten days, a native of Charleston, but the recent months of life a resident oi the above place. Atter a short, painful illness he was summoned to the Heavenly city. A kind Providence had so arranged it that bia much loved partner ol' life and one of his children were wi'h him m his last mome?te. Truly bas a large family been af? flicted. A beloved wi e, children and stop childrun. whfoh la'tor loved bim as an own father, other rela? tives and many friends will lone respect hie memo? ry. But he is not dead ; that pure epiiit hue OD ty been changed from this earthly frame to th? bedy flt for the spirit world. Restfu;- his every hope on the blood of Jesus, whom he did strive to sorve faithfully, lils soul passed from earth to God peace? fully and calmly. When asked If bo had ar<? mes? sage for bis absent children, he answered, "Tell them (olive for Christ." Ii ow he walks ibe golden streets; Kow he sees the great white throne, Now beholds the Lamb thereon." A FRIEND. Special Notices. AW INSURANCE AND TRUST COMPANY OF CHARLESTON.-The net proceeds of tbe assets of tbis Company, being Four Dollars and Twenty two cents per Share, will be paid to the Stockholders on and after Tars DAT, at the office of Mr. A. M. FORELAND, No. 8 Broad-street, (formerly the office of ibo Company.) Cort ?Acatos of Stock must be surrendered. JOHN H. Ht NOUR, Jone 7_ii_President. JWrNOTICE.-THREE MONTHS APTER date or under the existing laws, application will bo made for a CHARTER fora Cotton Mill at the most eligible point on Black Creek in the neighborhood of Dove's Depot. lamo3 Jure 7 AW NOTICE-THE CREDITORS OF MR. GEORGE H. GRUS ER, whose accounts have been rendered to ne, are hereby informed that a dividend of THIRTY-FIVE PUR CENT, bas been declared on their cl im s for the present, which will be paid at our office on and after this day. June 7 3 . H. GERDTS & CO., Agents. ta- CONSIGNEES PER S1EAMER SEA GULL, from Baltimore, are hereby notified that the ?teamer ia THIS DAT discharging her cargo at Pier No. 1, Union Wharf. All gooda not taken amy at sundown will remain on the wharf at conaigaee'a risk, MORDECAI ts CO., June 7 1 Agents. ?-THE NEATEST, THE QUICKEST AND THE CHEAPEbT_THE NEWS JOB OFFICE, NP. 149 EAST BAY, having replenished its Stock with a new sud large assortment of material of tbe flneet quality and latest styles, is prepared to execute, at the shortest notice and m the best manner, JOB PRINTING of every description. " T3Wt ?od examine the scale of prices before giving your orders elsewhere. ?3-CREDITORS' NOTICE_ALL PER30N8 indebted to Mr. GEORGE H. GRUBER are requested to make payments to either Mr. GEORGE H. GBUBEB, or to Mr. G. W. GRUBER, (to be found at Messrs. CO EWIN'3 STORE, KING-STREET,) during |h?mpntb. After the first of June, ali indebtedness "unpaid wlU ba placed bato the banda of a Magistrate, ; order to wind up the affairs as speedily ss possible. ?ar EXECUTOR'S FINAL KO 1TCE.-NO? TICE ls hereby given that on the SECOND DAT or JOLT ensuing, at ll o'clock, A. M., the undersigned will apply to tbe Judge of Probate of Charleston County for a final discharge as Executors of Will of the late EBENEZER H. RODGERS. FRANCIS 8. RODGERS, ) GEORGE A. RODGERS,} Executors. E. H. RODGERS, ) Jun 3 2 wftnimo SarHOME QUESTIONS FOR THE SICK? LY AND DEBILITATED.-Ia it wcrth while to en? dure penal torture after every meal, when indi? gestion can be immediately relieved and perma? nently cured by so agreeable a remedy as HO STE I TBR'SSTOMACH BITTERS ? Docs it pay to be compelled by debility and lan? guor to abandon active business, when brain, nerve and muscle can be braced up, and the whole system restored to a healthy condition by a course oi HOS? TETTER'S BITTERS ? Wby approach the dinner table daily with a posi? tive disgust for all that ls savory and delicious, when a vigorous appetite for even the plainest fare la created by the nae of HOSTETTEB'S BITTERS ? Is it wise to live in tbia bright world as if it were a dungeon, gloomy, discontented and miserable, when the worst ease of hypochondria oin be cured in a week by such a pleasant and wholesome exhilarant as HOSTETTEB'S BITTERS ? Can it be possible that any person of bilious ha? bit will run tb? rl9k of remittent fever or bi ions colic, when be can tone and regulate the great se? cretive organs with HOSTETTER'S BITTERS ? Is it not a species of moral insanity for any mer? chant, farmer, meohanio or traveller to be without the beat known antidote to tbe effects of poisoned dr and Impure water, HOSTETTER'S BITTERS ? Considering the harrasaing and depressing nature of the functional derangements to wbloh woman is subject, ia it not astonishing that any invalid of the feebler sex should hesitate to seek the certain relief afforded bi snob casos by the genial operation of HOSTETTER'S BITTERS V These are questions of deeper interest than any of the political dogmas of the day, and those whom they concern are invited to give them something mora than a passing thought. PAP 6 Jnjs* 5' .J?- ESSAYS FOR YOUNO MEN.-ON THE Errors and Abuses incident to Youth and Barry Man? hood, with the humane view of treatment and cure, sent by mail bree of chard*. Addrasa HOWARD AS? SOCIATION* Box P. Philadelphia, Pa. May 22 amos ^HAMBKKliAlS di SHABKOOK, ATTORNEYS AT LA vV AMD SO LIOITO RS IN EQUITY, ^Marleston, ?. C. office in tho Courthouse. p. H. CHAMBERLAIN, Atiy-GeneraL. .E. m. SEABBOOK. Sp?cial attention will be paid to the Proseontion of Claims held by parties outside of the state. May 4 J T. HUMPH HU YS, BROKER, AUCTIONEER AND COMMIS. SION MERC HANI. SALES OF BEAL ESTATE, STOCKS, BORDS, SE* CURITIE8. AND PERSONAL PROPERTY ATTENDED TO. No. ?1 BROAD-ITRIkt CHARLESTON, 8. 0. BKnmawonA Hon. EBNET BUIST, W. J. MAGRATH, Esq. General JAM SS CONNER, T. E. 97ABING, Es?. Qc tob??_*_? Tra? WAHI? o A ii y , GENERAL COMMISSION MERCHANT, - Bo* SE Warren-street, NEW YORE, PERSONAL ATTENTION G TV BN TO TBE PUB CHASE of >au kinda Of MEBOH'BDZSS. Boote, Shoe*, Bats, Cs^a and Trank?, sid Straw Booda s specialty. OoairlgnmentsofiU kinds af Staple Articles aud general Prod noe folio tod. Prompt ratoms f^?*%WAai) DAt(T Lat? of Charleston. S. O, Kemi-Weekly Pr?? ?wrenta ?ont fres by post. Jen cary 38 ?as ?EM VESSELS WANTED. WANTED, ^ EVEBAL OOOD VBS8FLS to loud Phosphate and Lumber for Northern Ports. Cargoes read v. H. F. BAKU It tc CO. Jnne 7_3_No. 20 Cnmberland-atreet FOR LIVERPOOL.. THE Al ERTTI8H BARK DALKEITH, ' CHARLES H. ANDERSON Master, having a Marco portion of her cargo on board, will .meet with dispatch. For Freight engagements apply to K. MURR & GO.. May 1?_Boyce's Wharf. EXCURSIONS! EXCUKSlONSt THE FINE FAST KUI INO YACHT 'ELLA ANNA, the Cl ampton of the South, ?is now ready and prepared to make regular .trips, thus affording an opportunity to all who may wish to visit points ot interest in our beau? tiful harbor. For passage, apply to tho Captain on Union Wharf. Imo_May 16 EXCURSIONS AROUND THU HARBOR. THE FINE. FAST 8AILING AND OOM? 'FORTABLY appointed Yacht ELEANOR kwill resume her trips tn hlntorlo points Itt ?the harbor, and will le-ve Government Wharf daily st Ten A. M. . NEW YORK. AND CHARLESTON STEAMSHIP LINE. FOR NEW YORK. CABIN PASSAGE $20. THE f-PLENDID STDE-WHEEL 'STEAMSHIP MANHATTAN, M. 8. WOODHULL Commander, will sao" . from A lifter's bouth Wharf on RAT. UIUDAY, June 1*2, at 8 o'clock A. M. 49" An extra charge ot ?5 made for Tickets pu? chssed on board after sailing. OOP* No Bills of Lading signed after the steamer leaves. AS?? Through Bills La Ung given for Cotton to Boston and Providence, R. I. AST* Marine Insurance by thia line *? per cent OST* The Steamers ot this Une am first class la every respect, and their Tables are eupolled with all the delicacies of the New York and Charleston mai kets. For Freight or Passage, apply to JAMES ADO Kn A CO.. Agents, Corner Adger's Wharf and East Bay (Up-t-tatra.) June 7_ 6 BALTIMORE AND C HA H fu ESTO JB 8TEAM8H1P COMPANY. THE STEAMSHIP SEA GULL, Captain N. P. DtrrroH. will sail for Baltimore on WEDNKBDAY A rats. -__,HOOK, 9th inst., at half-past Taree o'clock, from Pier No 1, Union Wharf. OST* Through Bills Lading signed for all classes of Freight to BOUTON, PHILADELPHIA, W1LMIN9. TOI?. DEL., WASHINGTON CITY, and the NORTH? WEST. For Freight or passage, apply to CO?BTENAY A TBENHOLM. June 6_4 Union Wharves. PUR NEW * JUK. REG ULAR LINE EVERT WEDNE3DA E, -Ot PASSAGE i?O. June 3 THE STEAMSHIP SARAGOSSA, 'Captain RYDEB, win leave Van dei. * horst's Wharf, on WKDNESDAT, i June ?th, I860, at 7 o'clock A. M, BA VEN EL et cu., Agents, PACIFIC MAIL STEAMSHIP COMPY S THBOTTGH Itb* TO CALIFORNIA, CHINA AND JAPAN. OBLANOS OF SAILING DATS! STEAMERS OF THE ABOVB Une leave Pier No. ia, North Bi var, foot of Canal-street, New York, aa IS o'clock noon, of the lat 11th ut Mst of every month (except when theae dates fell on Sunday, then the Saturday preceding). Depariurt/jp? 1st and 21st connect at Panama With steamers for South Pacifio end Central American .'T&epar?ffi^?^ the new steam line from Panama to Australia and New Zealand. Steamship GREAT REPUBLIC leaves Ban Fran cla? co for China and Japan July 3. 1869. No California steamers touch at Havana, but go direct from New York to AspiuwaU, One hundred pounds baggage free to each adult. Medicine and attendance free. For Passage Tickets or farther Information a sols at the COMPANY'S TICKET OFFICE, on the whait; foot of Canal-street North River, New York. March ia_lyr_F. B. BABY, Agent, CHANGE OF SCHEDULE. FOR SAVANA H-U?LAND ROUTE. VIA BEAUFORT AND HILTON HEAD. PASSAGES REDUCED. To Savannah_S5. To Beaufort. ...S4. FARE INCLUDED. TBE STEAM Bb PILOT BOY, OAP _^?TAIN FENN PECK, wiP leave Aecom modatlon Wharf every MONDAY MOB MITO at 8 o'clock. Returning will leave havannah every WEDNESDAY M o EUI NO at 8 o'clock. JOHN FEBGDSON. May 31_Accommodation Wharf. FOR ED1STO, ROCKVILLE. ENTER? PRISE AND BEAUFORT. m .?Je-**. THE STEAMER PILOT BOY, jB^SBaaEgCCaptaia FENN PECK, will leave Ac commodation Wharf, every THURSDAY MOBNTNO. at 8 o'clock. Returning will leave Beaufort FRIDAY Moaralia, st 8 o'clock, and Ediato at a P. M. JOHN FERGUSON, May 81_Accommodation Wharf. CHANGE OF SCHED ULE. FOR PALATKA, FLORIDA, VTA SAVANNAH, FERNANDINA AND JACKSON VILLE. THE ELEGANT AND FIRST-CLASS "STEAMER CITY POINT, Captain IBO. E. MCMXKXAV. will aall from charleston every TUESDAY EVENING, st Nine o'clock, tor the above pointe. Connecting with the Central Railroad at Savannah for Mobile and New Orleans, and with the Florid? Railroad at Fernandina for Cedar Kaya, at whisk point steamer* connect with New Orleans, Mobile, Pensacola, Key West and Havana. Through Bills Lading sighed to New Orleans and Mobile. All freight ptyable on the wharf. Goods not removed at aonset will be stored at risk and expensa of owners. * - J. D. AIKEN A CO., Agents, Msy 27 Sooth Atlantic Wharf, JOHN D . A L E X A M D E R, ACCOUNTANT, NOTARY PUBLIC AND GENERAL AOENT, No. IS Bmmd-atrej^tj-*. RESPECTFULLY SOLICITS BUSINESS IN AD? JUSTING ACCOUNTS of Merchants and others, and in WRITING UP AND POSTING their BOOKS, either in part or whole. Ac_ January 0 J. B. HEARD, ?. ?. I W. J. HKASD, NORFOLK. O. W. YOUNO, N. Y. j F. OGOD1HDOK, POBT8MOVTH. J J EAR?, YOUNO ?SE CO., PRODUCE COMMISSION MERCHANTS, No. Mf WnsJalrastoTuwstreot, NE W YORK. SPECIAL ATTENTION GIVEN TO THIS SALB OF XABLY VEGEOABLES, FRUITS. POTATOES, Ac. RxrEnancJSft.-Governor Z. B. Vanee, Charlotto? W. D. ReymVda A Bra, Norfolk; B. G. Ohio, Super? intendent S. A lt. Railroad, Portsmouth; Colonel S? L. Fremont, B. E. Burros?, Esq., Wilmington; B. K. Thurber A Co., Langhrea A Egbert, New York r Bernard O'Neill, Ch aries tou; Alexander A Rasas*, i Bavaaaab._3moe _Aprfjt /AMBS KNOX...?MM mut. JT-MOXs* ?lib, Canton ' GENERAL COMMISSION MERCHANT?, 1 No. 1S6 SMITH'S WHARF. BALTIMORE, CONSIGNMENT a OF COTTON. BIOS, Ac. RN BPBOTFCLLY solicited, and Uber?! ??vaneas mi ' thereon. Oidera tor CORN and BACON aromp executed with care and attention, ?moa May