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THE COM110N LAW.
A LEARNED ENPJSITIO OF THE S'E
JECT B1 M. BISHOP.
The Weak Places In Our Common Law%-The
Diference Between Judgem and Jurist.
How Many Law Books Are Made
The Question of Codification.
(From the Columbia Daily Record.)
At 6.4. last evening the members of the
Bar Association assembled in the Senate
Chamber at the State House.
After disposing of some routine business
and e'tcting two new members, Messrs.
Paul Hemphill and T. E. MeLure of Ches
ter, the Association repaired to the }pall of
the House of Representatives. The mtem
bers passed in by couples. the procession
being headed by the Hon. Win. 11. Parker.
the retiring President of the Association,
and the distinguished orator of the occa
sion, the Hon. Joel Prentiss Bishop of
Massachusetts. They were followed by
other distinguished members of the Bar.
In a few minutes every chair in the House
was occupied, not a few of them by ladies.
On the .Speaker's platform were the
officers of the Association, prominent mem
bers of the State and Federal judiciary and
other honored guests.
President Parker called the meeting to
order and introduced Mr. Bishop. Mr.
Bishcp is one of the most distinguished
writers on common law ir. the United
States. His oration last evening is the
first that he has delivered in forty years.
This long absence from the hustings, how
ever, has evidently not impaired his power.
The following is an imperfect synopsis of
Mr. Bishop's Oration.
31r. President and Gentlemcn of tihc sso
Responding to your kind invitation to
address you, at a period of rest from your
severe intellectual labors, I may sent un
grateful when I ask you to acompany the
thoughts I am to express with your best
and most earnest thinking. It would be
superfluous to request you further, as I
might if you were of any other profession,
to lay aside preconceptions and look at the
questions before us as for the first time.
liut he who has learned and practiced the
common law is familiar with the courses
of fresh investigations, and with reform
ing his opinions whenever truth requires.
The topic will be. "The Common Law
as a System of Reasoning, How and Why
Essential to Good Government, What Its
Perils, and How Averted."
The subject is too vast for a full treat
ment. But 1 do not forget that I am ad
dressing gentlemen accustomed to thinking
and reasoning, therefore capable of sup
plying for themselves my omissions.
Your familiarity with the common law
renders needless any defining of it by me.
But, looking at it as a system of reason.
let me set it for a moment before you be
side the civil law.
- Mr. Bishop then showed how the Roman
law became a system of reasoning. differ
ing from ours in little else than the form of
-its growth and development. As in the
countries governed by the common law, so
in those governed by the Roman, the
statesmen and legislators were largely law
yers: that is, they were persons accus
tomed to reasoning upon legal, or govern
In the economy of human life and asso
ciation, we have, as the fairest gifts of God,
love, religion and reason. I need not say
that the last is the greatest, for it includes
the other two. Where reason, pure and
perfect, prevails, all other good dwells:
and the place whence it is banished is,
whether in this world or the next, hell.
"Let us reason together" is the command
of Him from whom both we and reason
proceeded. There is false reasoning; but
true reasoning conducts to all light, to all
prosperity, to all happiness.
While Rome was controlled by men who
were accustomed to reasoning she grew
and prospered. But after many years, the
cternal longing and sighing for laziness, the
same which has wrought immense mis
chief in our jurisprudence, and which now
threatens to destroy it, prevailed. Justin
ian, whom it is the fashion with us to adore,
finished the work of mischief. Having
cellected what he chose to preserve of the
writings of the jurists, he consigned the
remainder to oblivion.
The world presents now an exact paral
lel to this. There is a little island upon
which the angel of light as she flew over it
dropped a spark. Spurning Justinian's
folly, she accepted reason, named it the
common law, and rose to a power andl
glory which mock the very brightest of
Roman dreams. Her navies rule the seas,
her colonies watch the sun in all his course
- 2around the world, her glory threw off in
one of her flights these United States of
America. But the longing for laziness has
of late taken possession of her. And she
threatens to substitute acts of Parliament
for all her common law of reason; and
make it possible for all sluggards and fools
to practice at her bar and preside in her
courts. If she does it, it requires no gift
-of prophecy to foresee that her encompass
ing seas will weep upon the dripping rocks
*around that little island a more mnorrnful
requiem to her entombed empire than was
ever before sung over fallen greatness and
gIt you ascend the highest tower or mo>un
tain-peak, Aind in the loudest voice ask the
earth why it moves upon its axis, it can
give you no answer. It does not know. In
the earlier ages man did not know. Yet
- from the beginning it moved as it does
now. Go to the fishes and birds, and the
same facts reveal themselves..
Following instinct, or conscience, or
whatever else we call it, man, while living
as all must in society, establishes various
customs and usages. After they become
universal the court takes judicial cogni
zance of them as law. Especially it takes
judicial cognizance of reason, and of the
fact that directly or indirectly it is the
highest guide of man. It thus becomes
the highest guide of the court, so that our
law is denommnated a "system of reason."
It accepts judicial decisions as guides for
future eases, because reason teaches the im
portance of stability and uniformity.
The process of reasoning was then illus
trated and it was shown that the law's pro
gress consists in discoveries of its just and
true reasons and in correcting old mistakes
as to them.
In method and results the common-law
lawyer resembles the scientist in nature.
The scientist is constantly adding to our
knowledge of what always existed, and
the physical world of man is progressing.
So it is under the common law. The law
yer discovers, one by one, the laws which
always existed, though, it may be, never
before understood, pertaining to the gov
ernment of men in communities. Should
we abolish our common law of reason b y
mepging it in codification, as many among
tis seek to do, we should nct be brought
w-here continental Europe now is. but
rather to that bath of night which Jus
tinian prepared for her.
The most familiar thing in our common
aw is its immense and rapidly increasing
lImass of judicial decisions. However the
words of one Judge may be concurred In
by the rest, they never rise higher than
evidences of the law, as distinguished from
the law itself. The consequence is that
judicial decisions do not, and cannot,
formally settle any abstract doctrine, such
as it is the province of jurists to lay down.
.The proposition that the words of
Judges are always to be interpreted as
qualified and limited by the facts of the
case in hand was dwelt upon. From the
earliest times in England to the present in
every one of our States, and in the tribu
nals of the United States, our Judges have
been men wvho, with only exceptions
enough to emphasize the rule, had an eye
They have not meant to play the jurist I C
while sworn to do the very different wo2k I
of Judge. i
We now come to the weak place in our
common law-the place which needs to he I
mended and strengthened. I can state t
only approximately the number of ad- s
judged cases in our books of rep'rts. A
rough estimate places them at half a mili
lion. The man does not live who could
thus go through with the half of them: n
and there never was a memory strong r
enough to stand up under the load; or, if
there was, it would crush out the reason- I
ing powers and seduce the intellect to .1
idiocy. In every view. the:efore. we need I
There are some lawyers who claiored s
for codification. The suggestion was made
that the quarrel over this question of codi- e
i:ltion be suspended until our law ls re- -
ceived such juridical :uilture as to imtorm
us, and enable us to agree among ourselves, r
just what and how mnmy :re its elemelntaIry I
principles, reduced to their smallest pro
Ie urged American advocates of coditi- 3
cation to prepare and publish what they s
proposed for codes. Then the further
question of their legislative enactment
wou!,1 present itself at the proper time.
But ' -m here reminded that we have im
mye:- mumbers of legal text-books. and I
a whether I deny that they pro
r e ".rm njurists. I reply that they are of
v:ltir dtllering qualities, and that no one
chr:u' rIz- tion could properly be applied
to -ll. The manner of making "your r
'n it.d text bocks" was fully discussed
,,.:d it was shown that the author "usually"
pirates the work of his predecessor, edits it.
then publishes it as entirely his own pro
duction. This is the "usual" legal author:
honored by practicing profession, and
bowed before and followed by the Judges. t
The noteworthy part of the matter was f
that while our copyright laws, as expounded
and4 administered by courts smiling on
piracy, are so defective as to seem almost
worthless, not so are the laws which punish
cheating by false pretenses. The latter ex
ist in ail our States, and the violators of
them are shut up in the penitentiaries. ex
cepr when the persons cheated are lawyers.
I do not know how you do things in South T
Carolina, but we in Massachusetts put. into
our penitentiary great lawyers, great sena -
tors, presidents of immense corporations,
clergymen, and in one instance, we received (
one of your honored South Ca.olina ex- I
governors. Why exempt your honored
authors? The only reason I can imagine is,
that the men of our noble and generous
profession, deeming with Hudibras that
'The pleasure is as great '
Of being cheated as to cheat."
scorn to make complaint of those who have
been to them the source of such profound
Another method of producing I- gal text
books is for an older man to mingle his
work with that of boys helping. If this is
done, not under the false pretense that the
whole proceeded from the ostensible author,
but accompanied by an honest statement
to the public, there is no wrong in it; and
the result may be, in some circumstances
and for uses, excellent. but it is not a jurist's
The very famous law school conpected'
with our oldest university, some of the pro
fessors whereof have produced books which
hare occupied the first place in our esteem,
has swept the whole line of text-hooks
away, and declared that none, whether
written by its former profestors or others.
are fit to be used by persons ignorant of the
law in acquiring a knowledge of it. This
method is sometimes inaccurately termed
the teaching of the law by cases. And the
brief explana'ions of the reason of the
chanae demonstrate that, while the univer
verity does not choose t) pronounce in
words the common law's utter lack of
j!urists, it believes it to have Uone, and C
adapts its curriculum to this belief.
Jurist's writings are "original sources."
They are not the apple which suggested to
sir Isaac New"ton the law of gravitation.
but his Organon. An adjudged case is the
apple. And the showers of apples. and the
glorious ingatherings of the fruit, not un
fitly emblem the vast accumulations of our
eports of adjudged cases
Law is the only profession which teaches
the sort of reason that governs the State.
Should the cry for coditication, under the!
eternal aspiration for laziness, prevail, anad
the element of reason which the practice
and administration of the common law
have carried into government affairs, be .
banished therefrom, the hitherto common
law nations will quickly cease to be the
leviers of the civilized world. '
Hil governmental affairs travel in the
pah of precedent, so that it is of the high
e-n iportance for the offcers of govern
ment to understand how to select and apply '3
precedente~. And there is no possible way j
in which this skill can be so well acquired e
as in the study and practice of the common
Ia thie higher wvalks of government, the
incumbents of office are largely lawyers. t
Strike down the common law and banish
it f ron us, and ''sewer justice" will be the
:'mumua justice of the country. The e
oileers who adminster sewer justice mean c
well. With all their hearts they aspire to C
know the ways of dtuty, and they unflinch- C
ingly walk by the light which they get. S
Thir neighbors, the public, do not frown
upon them: all being in the dark together, I
no one doubts that the law is admirably r
administered. Yet all see that injustice is b
being done. The conclusion to which large
numbers arrive is, that the whole system is a
wrong: that the law, from which injustice C
thus proceeds. should be put (Iowa and C
bnished; and that government, which es-f
tablishes what is so wicked as law, should a
:e banished also.
If codification succeeds to the extent of a
assassinating our common law, what but b
Heaven can we rely upon for the future: 11
In the hope of better things, I turn from
this picture ot despair. 1.
If I were addressing a les intelligent i
audience I might urge upon you action to
prevent an enormous, threatened danger. (
But it is unnecessary I should say more to t<
I have thus laid before you the most im-t
portant subject connected with the future t
of our jurisprudence. Please sup~ply my
dficiencies with your own more fruitful r<
andl valuable refiections.
Thanking the audience for their kind in- a
dulgence, M1r. Bishop resumed his seat h~
ami thunderous applahuse, and received I
numerous congratulations from the distin. u
guished men present. s
At the conclusion of MIr. Bishop's ora
tion, ex-Attorney General MIiles, ofg
Chareston, offered a. resolution thanking V
the oriator for his able and interesting ad- I
dress, and requesting that he furnish a copy
thereof for publication. This resolution (
was tinanimsously adopted and the essem- hi
tn the0 Banquet fiat!. fi
After the address tihe members of the 'j
Association and their guests essembled at ti
the Hotel Jerome to particip~ate in the an- t:
nual banquet. About 10 :80 the procession, b
hi' aded by President Parker and 3Mr. a
Bishop, nmarched into the elegant dining h
room, wshere a kingly feast awaited them. 11
The tables were arranged in that faultless a
style that is peculiar to the Jerome and its
genial MIanager, .John Willis.A
Several hours were consumed in playing s:
havoc with the sumptuous repast, at the p
conclusion of which came the speech muak- a1
ing. This elicited some of the wittiest and a
most interesting postprandial cifens that o
it has ever been our good fortune to ..ten n
to, and nothing but lack of tim2 prevents tI
>ur reproducing in e.tens'. The follow- 11
ig are the ti
-rOA5rs Ast> REs1'oN5ss. p
"Our Guest"-Toasted by Ilenry E. ti
oung, of Charleston, and responded to in u
n exceedingly happy style by MIr. Bishop. ti
"The South Carolina Bar Association"- at
By Attorney General Earle and responded or
to by President Parker. t
conee, and reponned to by C'nrem - oIn u
'eter Richardson in that eloquent v :n that F
his own peculiar inherent 1u lity.
"The Judiciary of the Unte ('t'( .
pv Attorney General Miles and rt' ed i t
b hy Judge Ban in an aval:m e et irre
1he United tate -i M n':
tgston and re:ptmde 1 b IIo I
outaans, who tad he n nt d o;nily ie a
iinuhtes beforeli t he wa4 mId upon. Th",i
esult was a perftet 1lo0t of e i turmcf.
"The Circuit Tudgs : . ad I ; u
reme Court of the Stcate" -b'y om ,'r :1
aies L. Orr and responded to bey J udgei.
Iulson :ni Just'et I( Ian."
''le Bar"-lty Go. crftiad I,
ponded to by Spj'ake(r imn:,. F
The Other 1nfein t Cou' -Bt ; n a
ral Izh1ir and respnadl to by . '. I .".
'I: s been n: la~ omn i
Iany festive gathe' . t. te e'
lent I-st evening u p Iera "l to iti ord- a
alre charm111s of conve\iv"ialinroue:'
rac;ive :;anires never IF(, .. pr 1 rae hgre".
1-e trust that the Sou:h (par;h 1-.-t ;:rA
ociation may live to elehra a hm:Iretd I
First i)::y's P'rorcedir-. -
The South Carotli;:.. ilar A.seciatieon e;n
-ened in the Court Iion'e last night. It
as ,he third annual neatisg, bringinrog to
;ether a number of geti:en v bo fitly
epresented the highest int!i Ct mnd learn
n)g of the State.
After the usu:l pre1:miniary matters as to
oil c:l!. etc.. President \Vm. . Parker,
"f Abbeville, delivereu his addrs on "The
:hanCs in Legislaticn withiu this S ate in
thter' States aid in Congress during the
>ast year." It Was an aidm irable and iiter
stint talk, with all that these words S
ify, and that the subj~et was learned.y
reate:1 and presented with clearness and
orce is evidenced by the close attention of
At the conciusiotn of the address, IIon.
ocl Prentiss Lishop Was invited to a .eat
a the rostru:u beside the President.
'tiE .\E-1MBEReilll' INeCiEA$s1).
The election of new members being in
rdler's. the following gentlemen were noi
nated and umnianou)iV elected: E. J.
ennedy, A. N. R:akin, Chestcrleid; E.
Lo:ar, Spartanburg; 1. A. Blythe,
reenville: John Gary Evans, Aiken:
;eorge 11. B'tes. W. I.. Keith. B. T. Lice, t
aruwell: Samuel W. 1elton, E. C.
laynsworth, Jos. V. 3Iuller. C 'lumL'ia.
THE GENER.AL COUNCIL.
The followiug gentlemen were clceted as
. General Council, or Standing Committee
r nomainations for oificers, for the ensuing
ear: First District, G. Lamb Buist; See
nd, D. S. Henderson: Third. J. F. Rhame;
ourth, Knox Lis'ingston: Fifth, .John T.
hett: Sixth, C E. Spenccr: Seven-h, N.
Holmes; Eighth, G. G. Wells.
The report of the Secretary was deferred
atl this morning.
Col. J. Q. Marshall, Treasurer, made the
ollowing report: Balanoe on han.l Dc
ember 1, 188t, $321.M, collections sine'.
:681: total, $1,002.54. The disbursemneias
or the year ending December 7. 1 -7,
rere $761 65, leaving a balanee in the
:easury of 2:7.89.
31i srs. Whitner, Abney and 3el-n'd
Cere appointed an auditing co imito.
The Committee on Pa'iat--,ion reported .
hat they ha:d secured 1,00c: pis of .Judge
nomas 31. Cooley address on "'Tie in
tuence of habits of thought upon our ii
t\ SEIoRy 'OF COLONELI Rlo-N.
3Iaj. S. P. Hamilton, Chairman of the
Iemnorial Committee, read a tribute to t1:h
aemory of the late Pre-ident of the Asso
uation. Col. James ii. :ion.
Maj. Henry E. Young, of -Charlestor.
Mhairma of the Executive Cmditc
Eiered resolutions of respect to his v-: -
y. They were unanimously ado:ted by
The Association then adjourned to meet
gain this morning.
The Association assembled atinlth C :urt
Iuse at 10 o'clock this miorniig, 1 tei- .
.ent Fa'ker in the chair.;
3Ir. F. C. Whitner. of Ander.;o. sub
aitted the report of the Auditiang Commai:
se on the Treasurer's re-port. It v--n
MIr. W. C. Benet read an interesting~ me
3orial upon the life of the' ial' John I.
ones. of Newberry. 3Ir. U. E. Youu"
nd a nemor i'al of the late ienry: Bu~ist. I
f Charleston. 3Mr. P. IL Nelson rea.1 a
emorial of the late Richard G3. Bonhamn,
The President ~announced the following~
entem-ma as a Committee on Publication:.
I. F. Ansel. Simeon H~yde, George E.i
rncte, II. A. M1. Smith and the Secretaryi
Mr. Elward McCrady, Jr.. of Charles
'm, reali an essay on "Prnofessional Emolr
lHe said that the profession in this Stater
ould not be indiflerent to the increasing i
omplaints of litigants upon the subject of
osts, IIe thought that the whole subject j
f compensation should he revised. In r
:me instances th( re had becn great abuse r
the matter of costs between party and r
art)-. He regarded talxed costs as iujai
-us to the profession and were relics of a
arbaismn. Remuneration in the profes
on has become more and moie precarious, '
nd it is to a large extent on account of 1
oing business o-n contingra fees. An
ther didiculty was the want of a. dituite L
se bill to control charges aanst clients
nd to prevent the consequent underbi-h'ing
f some practitioner, lHe did not condemn a
1 contingent fees. lie urged that they bet
ss5 the rule aind more the exepntion thain
President Parker being called away i on
uiness. MIr. H. E' Young preside'd dur- a
a the reading ot' Mr. 3icCrady's essay.
On motion of 3Mr. IHolmes, 31r. 31c
rady's essay was referred to the Cotmmit
e on Jurisprudence and Law Ref'ormu to
~ame and report some scheme embodying in
ze sestions for action by the Associa
MIr. Charles E. Spencer, of Yorkv ille,.
sad an essay upon "Case L2aw-Is ii anh
:viy" lie maintained that it was an evil-a
a evil only so far as it tends to makce ~c- If
twyers, case-judges and ease textw"riters. I
Sis not of the lear .'ciita, for it come-- to b:
s in the form of reports of judieial d-s
os from every part of the 1.-nited Sta"es. '
lor was ii. of the lee- iwn .scrip t . Te ..t- .
er of becoming dependent upon ease:law
'as greater with lawyers than w idiith judge.
ought not to be followed in the- senseio
llowing a precedent. The datnger . rm
ise- law to the lawyers is twofIh--wh Vt
is relied on as cne of the regu'iar s-urces
t informnation: agaXin it greatly diminis-ht ht
mndess and aptitude totr"geerd- -'.iy. I
here should be more of an -tral r-M
on andu argumeut. In conclusio'. eid '
tat the fraternity shouldt assume asit
irthright the position which the' faae-c I
d sages of the prfso i ur a'te e
ae bequeathed, as e-tual ini' 'ny t
mo:e of the first State bar in our g-a m
Te es'ay of 'Ir. Jimes Ahlrich, i
md tht th~e Eties of the La-w w.astoo toj
.-in'xact.inchnging se- 0 I ge
d xpand:ed" 'wi tsciety.' C nturc e
ir forefaithrs lId thie fo untd-nion of 'at
>ble systemf of legal ethai- wich:e t'a-d!.
te Conmmon Law. That law hasg ever hI
e beaconklight, guidtin" the Anglo,.ston
rough periods of le: il d-ting-'
ith in the puir.,ut of kno''' l'ige and' for
.ne. h'le ethics of 0.e pro-fes::'n d e.'end
)9n the Bar. Th- objtls of thisAss -'~
m as defined i' the C'';-n'i'ut-'n is !'a''
tde. ''Thea let us end- -\ver to realilte .
i aspirations and illustrate by- our live, U
e letter and the- spirit of thm . artie otf it
ie S'uth Carolina Bar's delnition of Lega
Th, ft olwing amendment to Article 4
f th t n: t tinion was adopted:
*Th.. resideu's sl::til constitute a
:ndo co;nmline,'. with power to re
ort a:1 tion any such suggestions
theyl ma v think will further the ends
id lis o the Associztion. tThe senior
xnr i:lnt Shall be rhairm n of this con
Tihr followin;. was olied to and adopted
4an adlition to the by-law.:
"In ca'e of the deat or resignation of
, Pr'eient, the \'ic' Presidents shall be
ti immediately by the Secretary to
l_-.t. at Colimbia ou a day fixed by him,
nd they ,hall cele t one of their number
I Pridcnt during the unexpired
The Comitt,-et' ou Arng ements an
IC cil tiit th had arraniwd for the
u- d hinner and thiat the Association
:ouli nroceed to the Ilotel .eronie imme
intely'afer r. B'ishop1's oration tonight.
in bthailf <. the G.:nrral Council Mr.
ienet sublined the following nominations
or oli' rs of tie Association:
J. .J. 1-ther. President.
Fir-t Vice Piesident, Edward Mc'rady,
r :scti:. .James 1I. Moore: third, .Jos.
i. Earle: fourth. I W. Boyd; fifth. W.
L. (2ark: sixth, GilcsJ. Patterson; seventb,
):ivid Rt. Duncan: eighth, B. F. Whitner.
Secretar y. W. C. Benet: Treasurer, J.
Ltcal Councils: First Circuit-Edward
ehCr dy. Jr., Isaac Hayne, T. M. Raysor.
Steoi-J. W. Moore, W. P. Murphy,
Third-Iosepi II. Earle, John S. Wil
on. Thos. M. Cailtard.
F ourth-R1. W. Boyd, C. A. Woods, R.
Fifth-' W A. Clark, J. C. Sheppard, J.
Sixth-Giles J. Patterson, W. B. Wil
on. Jr., Cha. A. Douglass.
eiventh-D. R. Duncan, Y. J. Pope,
Eighth-B. F. Whitner, L. W. Perrin,
Executive Committee: Henry E. Young,
if Cih:rlecton: George W. Croft, of Aiken;
anes L. Orr, of Greenville; the Secretary
::d the Treasurer, Cr oj7icio.
This report was unanimously adopted and
Le association adjourned to meet at the
:alof the Ihouse of Representatives at 6.45
hi- evening to hear the address of Hon.
el Prentiss Bishop on "The Common
.v as a Systm of Reasoning, how and
the e-senti d to Good Government, what
is Perils and how averted."
A TAiIL~i) PHEHISTORIC .31.1
iscovery of the .1iising Link in the Mountains
One hundred and fifty miles east of El
ao, via the Texas and Pacific Railway,
tnd in twenty-live miles of the road, is the
e mining camp named Carrizo, where
he richest sil vr and copper mines in Texas
toe ree. .tly been discovered. Immedi
.teiv north of Carrizo lies that famous
aunntaiu range called the Diabolo or
)evil's Mountain. towering over a thousand
cot above the surrounding plain. Near
he v hich is composed of lime
t-:.c.:-e found numerous cave and tun
l., which extend for a distance of ten
aileq. a: some of them penetrate the
noun ai fuly 50 feet. Indian tradition
e:outs for these caves as the abodes of
irits or d.vils, and the extremely super
tiiios :paches gave the haunted Diabolo
1 ninis a wide berth. Until very re
ewly the nark, terrible and frowning
aou has never been explored by white
aen. thte nomadic cowboy not caring to
cale its rugged h:ights, nor face the super
awe which seemed to surround the
.-d th'e possession of the intruder.
the diseov ry of silver there, how
ver, it.: more venturesome miners have
arti lly explored one long cave.
N.' . Ome-r, an old frontiersman, with
, wittiie benit of mind, was the first white
aan' to eater the so-called habitation of
p)irits. Wiui a tallow candle aind prospect
uikklhe penetrated the cave a hundred
eet. Lut did not venture further. The
n.L of the cavern b~ore numerous evi
|eoes of former habitation. Stone im
ictents. haone needles and pottery in ex
elleut oreservation were scattered here and
here in the caves. Carcasses of bears and
h er lhuge animanls were lying near a heap
'' :u-hcs. tfhe mold of ages lay deep on
he tiour and sides of the cavern. Surely,
t thought, this was thle home of the ancient
liif dweller. Osmer then with his pros
coet pick began digging in a pile of dirt,
nid was rewarded by unearthing a skeleton
tgigantic proportions5. First the skull,
ben the vertebrae were brought to light.
ut in thle meantime hi-s candle had burned
jy, anid rather unnerved by the strange
pto:;:ele and the hideous moaning sound
fthe wind as it wav'ed through the awful
ephs of the gloomy old cave, which is
ow the abode of the mountain lion and
ther terocious beasts, Osmer retreated to
vylarat, carrying with him the skull and
The skull he found to be that of a man.
he under jaw is of mammoth size, easily
seiv ing the h~ead of an ordinary man
iihin its sides. The teeth are enormous
or:; or double teeth all around, and in a
erfect state of pireservation. The surprise
ud gratitiest ion were gfreat in Osmer when
e examninedl the vertebrae. It is of im
ense size, and the strange thing about it
;ta~t instead of terminating abruptly, as
1the ordinary man, it is prolonged for
igt or ten inches beyond, describing a
raeful curve to the rear While the main
etebrae is llrinly sei; the caudal append
ge is lexible. At its juncture with the
akbon~e proper, at the usual location of
te coeyx, it measures four and onerhalf
>ehee wide, but it narrows rapidly toward
te jI. Considerable of the tail has dis
pperedl, probably by decomposition, but
iicient remains to demonstrate beyond a
nubi that, at last, the long-sought man
ith a tatil has been found in the mysteri
us old cavern of Northiwest Texas. Mir.
ismer ref uses -all offers for his strangerind,
na keeps it closely guarded in his cabin,
!owing tlhe curious visitor to see his old
il-dweller friend at all times. It should
e seen by seientific men, and examined,
ad pcrhaps the D~arw.inian theory will be
,ever citablished beyond even the shadow
f b.Ad it would, in all proba
iltb iewell spent for the men of
:t*:.ie to visit Carrizo and further explore
:e prehistorie caverns of the Diabolos.
I. Lee i 1%&Dixpatch.
Iiruunaa Littie Joke..
- h.B o how short your ocat is,
d ons ned to :his friend Brown,
ha.nl retilied: "Yes; but it will be
enout bilefore I get another." Some
onspn so murca for medicines that
'er had.. nor help them, that new clothes
w i~th eo like angel's visits-few and
Lr b lwen.Iternal fevers, weakness of
Ie tuugs, shortuess of breath and lingering
m.ihs don y eld to the magic influence
: ron d remedy, D~r. R. V. Pierce's
C ' de 2eda Discovery."
I t.nOS and Organs.
\ll o tebest makes. $25 cash andl
\~e ovemaber 1, at spot cash prices
MO c in. 1 ash and balance No
mbe 1,atspot cash prices on an
r a Delivered, freight free, at your
erst depot. Fifteen days teat trial
d freight both ways if not satisfactory.
Write for circulars.
N. W. TPRUMP,
Columbia, S. C.
* ,.ro :v, mama. I don't believe
:u : orich after a!!: observed a
ar h. to is mothter. "The Bible says
t Nol'umou -lept with his fathers'. Now,
he a.,.i nteen rich hem' ad a bedm t o haim
P. G. P.
I am sitting all alone tonight
In my little, lonely room,
The tire is burning on the hearth
And my heart is full of gloom. -
The rain is pouring down -ithout
in c:easel ss. drenching siower.
And silence hods the tnasterv,
This dreary, midnight hour.
1 am thinking of the past tonight
So full of light an.d hade,
of visions rising to the view,
To dazzle but to fade
To cheer the heart with transient gleams t
Of hopes too pure for earth,
Then gide away, like rainbow lues,
And perish e'en in birth.
I am thinking of a form toniiht
Which loved me long ago;
An c ye of sweetest. clearest. hue ]
That Heav'n could e'en bestow:
Of clustering hair and coral lips.
A nd teeth as pure as pearl:
Of moles' blush and love-lit smile
Pure, tender. hearted girl.
We may not ever meet again,
'>Lis better so to be,
For love like mine could not but end ]
In sole idolatry.
'T.s sweet to know, wh itever woe
May wringthis heart for thee,
That thou at least m iy live in peace
And suffer none for me.
And yet if Heav'n one boon wou'd grant
To me of bliss untold,
Sweeter than all the sweets of earth
And Heaven a thousand-fold,
7 hat boon would be but once aga in
Thy form and face to see;
To hold thy little hand in mine
And hear thee speak to me.
Farewell ! It may not. cannot be.
The will of God be done,
And sweetest benedictions fa11
On thee, beloved one.
Above the deep blue vault above,
Close by God's shining throne,
I'll meet thee w .th thy crown and harp
And call thee mine alone.
W. R. G.
HOW JEFF. DAVIS WAS ARRESTED.
A Curieus Story that the Nobles of Annii
to., are Wont to Tell.
ANIsTos, Ar., Nov. 26.-Jefferson
Davis has had a good many narrow es
capes, but one of them has never been
told in print, and the chief actor in the
affair has never cared to talk about it.
Somewhere along in the fifties the
Nobles, an English family residing in
Pennsylvania, decided to move south
ward. They selected Rome, Ga., as
their objective point, and started on
their journey after making the necessary
disposition of their goods.
The Nobles had some family jewels
and about $4,000 in cash. How to carry
these valuables safely bothered them not
a little, but they packed the money and
jewels in an old-fashioned English hand
chest and took them along. The travel
ers landed at Charleston and took the
next train for their destination. Some
extra fare was demanded, and in paying
it they had to open the chest and expose
their treasure. Sharp eyes were on the
watch, and the glitter of the contents of
the chest attracted attention.
As a matter of precaution the chest
was confided to Miss Mary Noble, who
sat in a secluded section of the car with
her back to the door. At Branchville,
S. C., two gentlemep boarded the train.
One was a young, wiry man, and the
other was tall and slender, past the
meridian of life, and of distinguished
When Augusta was reached the two
strangers went on to Atlanta, and the
Nobles discovered that their precious
chest was missing. The conductor was
clamorously appealed to, and he instant
ly gave it as his opinion that "the one
eyed man had stolen it."
"He's a bad looking fellow," said the
The chest had evidently been snitched
out at the rear window of the car, as the
suspected man took his departure at a
moment when Miss Noble's attention
was fixed in some other direction.
After a consultation it was decided
that Mrs. Noble and Miss Mary should
proceed to Atlanta and cause the e rrest
of the supposed thief, while Mr. Noble
and the others remained in Augusta
awaiting, not very confidently, the re
Mrs. Noble succeeded in tracing the
two men to their stopping place in At
lanta, and identified them as soon as she
saw them. At her request they were
arrested and carried to police headquar
ters, where the astonishing discovery
was made that the "one-eyed man" was
President Pierce's Secretary of War,
Jefferson Davis, and his companion was
his private secretary.
Mr. Davis was in a good humor, and
of course the two gentlemen were at once
released with many apologies.
Before leaving, Mr. Davis told Mrs.
Noble and her daughter that he regretted
their loss, and he Iendered them a twen
ty dollar gold piece as au evidence of his
sympathy. Mrs. Noble declined to ac
cept the gift, but Miss Mary spoke up
"Yes, take it. That is some of our
money that the old rascal took."
Mr. Davis smiled and pressed the'
money upon Mrs. Noble, wao finally
took it, and carried it to her husband in
After the election of Mr. Davis to the
Presidency of the Southern Confedera
cy, Mr. Noble, then a prosperous con
tractor, visited him at Montgomery and
talked with him about manufacturing
Mr. Davis asked him several questions
and then referred to the loss of the
chest. He introduced Mr. Noble to Mrs.
Davis and told the story of the arrest.
Mrs. Davis laughed heartily over the in
ident, and with her husband took quite
mn interest in the Nobles fronm that time.
Noble went to work and made hun
reds of cannon for the Confederacy.
[,ater he founded and built up the
fourishing city of Anniston, Alabama.
[n the midst of his prosperity he is still
evoted to the "one-eyed man" who was
nce supposed to be the author of his
The Virginia Debt.
RIICIIMox, Dec. 7.-Governor Lee, in
his message to the General Assembly to
ay, in view of the recent decision by the
L'nited States Supreme Court. declaring
he Act of May 12. 1887, constitutional
and valid, and reversing the decision of
Judge Bond in regard to tile eleventh
amendment of the Federal Constitution.
ecomn eids the passage of -a joint resolu
o-n suspending the legal proccedings
tganst those who have tendered coupons
in payment of taxes, as he was assurted by
utbority that such action would decidedly,
enefit all parties concerned. l[e thought
hat when thc bondholders considered this
dcision they would be willing to accept
uch offer as the State c-an make, based!
pon the sturlus to beC applied to the pay
neut of the interest or principal of whiat
he State considers her just debt.
The former proprietor of Dr. Sage's Ca-]
a;rh Remedy, for years made a standlit
dfer in all American newspapers of 65:)tc
~ewardl for a case of catarru that he could
ot cure. The present proprietors have re
ewedI this offer. All the druggists se-li j
his Remedy, together with the "Dotuche"
udt -all other appliancs advised to be used -
n connection with it. No cat-arrh patient
longer able to say "I' cannot be (-ured."
Jou get $300 in case of failure.
A Somerville girl says she never mhissedl
train in ail her life. She has got to the~
taiim frequently, she says, just as lthe
rain was going out. but she always decided
ight away that that was not the train she I
lad been lookingr for. -
Dianna, the Heavenly Bread.
Mr. Cole, of Bitlis, a missionary of the
kmerican Board, in Eastern Turkey, in
lescribing a journey from Harpoot to"
"We traveled for four days through a
-egion where had newly fallen a remark
eble deposit of neavenly bread, as the
tatives sometimes call it-manna. There
vere extensive forests of scrubby oaks
nd most of the deposit was on the
eaves. Thousands of the poor peas-'
nts, men, women and children, were
>ot upon the plains gathering the sweet
substance. Some of them plunge into
tettles of boiling water the newly cut
)ranches of the oaks, which washes off
he deposit until the water becomes so
;weet as to remind the Yankee of a
reritable sugarin2 off in the old Granite
state as he takes sips of it. Other c~m
:anies of natives may be seen vigorously
seating with sticks the branches,i that,
'roi having been spread on the ground,
lave so dried that the glistening crys
als fall readily upon the carpet spread
o receive them. The crystals are sepa
rated from the pieces of leaves by a
sieve, and then the manna is pressed
ato cakes for use. The manna is in
;reat demand among the Oriental Chris-'
iana. As we were traveling through a
rather dry region, the article came in
play for our plain repasts."
Hlow Bright's Diseas~e origitnatni.
John Bright was born in 1S11. He made
i tour of the Holy Land at the age of twen
tv-four, but did not decide to purch.:se it,
owing to the existence of a flaw in lie title.
He next began to invent thir.g. On his
return from the Orient he dic-ovcred that
what was most needed in both Europe and
America was a good relial'e disease for the.
us' of the better clas-s. The poor and
humble were well supplied, but the rich,
the aristocratic and patrician statesmen,
corned heads and porkists of the two lands
languished for a good reliable disease that
poor people could not obtain. So he began
to sit up at night and perfect Bright's dis
ease. He gained the prize at the Paris ex
hibition, acd honorable mention at the
great centennial celebrationat Philadelphia.
for "meritorious and effective disease for
the better classes." Since that time he has
been gratified to notice that the very best
people, both in his land and in this, a'e
handling Bright's disease. It las been
kept out of the poor, and to die from this
ilment has been regarded as a proud dis
tinction.-Bil K1ye in the Boston Globe.
VerdIy, Truth is Stranger than Fiction.
Wm. C. Heaton of South Carolina, while
at a hotel in Philadelphia in 1865, was
robbed of a valuable gold watch. He set
tled in Glassboro, N. Y., and on Tuesday,
the twenty-second anniversary of the rob
bery, found a package on the floor of a
shed adjoining his nouse. Inside was a
cosily gold watch and a card bearing the
following inscription- "In this box you
will find a gold watch to be recognized as
a substitute for the one taken f m your
room in Philadelphia in 1865."
Now in the parlor meet the pair
When the golden day is done.
Two forms with but one rocking chair,
Two hearts that beat as one.
A TONGUE IN KNOTS.
I contracted malaria in the swamps of
Louisiana while working for the tele
graph company, and used every kind of
medicine I could hear of without relief.
I at last succeeded in breaking the fever,
but it cost me over $100.00, and then my
system was prostrated and saturated wits
malarial poison and I became almost
helpless. I finally came here, my mouth1
so filled with sores that I could scarcely
eat, and my tongue raw and Ii led with
little knots. Various remedies were re
sorted to without effect. I bought two
bottles of B. B. B. and it has cured and
strengthened me. All sores of my
mouth are healed and my tongue entire
ly clear of knots and soreness, and I feel
like a new man.
Jackson, Tenn., April 20, 1886.
A. F. BIUrrrox.
A MOST REMARKABLE CASE OF SCRIOFULA
I have a little boy twelve years old
whose knees have been drawn almost
double and his joints are perfectly stiff,
and he has been in this condition three
years, unable to walk. During that time
the medical board of London county ex
amined him and pronounced the disease
scrofula and prescribed, but no benefit
ever derived. I then used a much ad
vertised preparation without benefit.
Three weeks ago he became perfectly
helpless and suffered dreadfully.
A friend who had used B. 13. B. ad
vised its use. He has used one bottle
and all pain has ceased and he can now
walk. This has been a most wonderful
action, as his complaint had baffled
everything. I shall continue to usce it on
him. MRs. EMMA GlRFrrHs.
Unitia, Tenn., March 2, 1886.|
WEBB CITY, ARK., BLOOD.|
Having tested B. B. B. and found it toi
be all that is claimed for it, I commendI
t to any and every one suftfering from
blood poison. It has done me more
good for less money and in a shorter
space of time than any blood purifier 1
Iver used. I owe the comfort of my
ife to its use, for I have been troubled
vith a severe form of blood poison for 5
>r 6 years and found no relief equal to
~hat given by the use of B. B. B.
W. C. McGAu~rr.
Webb City, Ark., May 3, 1886.
All who desire full information about the
ause and cure of Blood Poisons, sCrofula and
crofulovs swellings, Llcers, sores, Ilheuma
ism, Kidney complaints, Catarrh, etc , can
ecure by mall. free, a copty our 32 p age Illus
rated liook of wonder:;, tlled with the most
rouderful and stmrtliug proof ever beltore
tuown* Address, XLUOD BA LM Co.
SH OW CASES. WALL CASES.
)ESKS, OFFICE FURNITURE AND FIXTURES.
CEEER $$OW C ECO., asille, Tenn.
FOR iNFANTi AND
UEETMiNG CHIL DREN.
An instant relief for colic of infants.
Xres Dysentery, D~iarrhoea, Cholera
nfantuna or any diseases of the stomach
ud bowels. Makes the critical period
f Teething safe and easy. Is a safe and
leasant tonic. For sale by ali druggists,
nd for wholesale by Howin, WILLET
:Co., Augusta, Ga.
L1FR 1EE.S FO
k o Engineers, Architer
o i an rig men; for yoi
0 M cers. Farmers and Jidechanic.
dre. ubte extention gra
* $ instrument. Circula fee
Invalids' Hotel ahd Surgical Institut
btafr of Eighteen Experienced and Skill.
ful Physicians and Sargeon..
ALL CHRONIC DISEASES A SPECIALTY.
Patients treated here or at their homes. Many
Lreated at home, throuph correspondence, at
successfully as if here in person. Come ano
see us. or send ten cents in stamps for oiii
Invalids' Guide-Book," which gives all partic.
ulars. Address: WoRto's DISPENSARY MEDI
CAT. ASSOCIATION. 663 Main St., Buffalo, N.Y.
For "worn-out.' "run-down," debilitatee
school teachers, milliners, seamstresses, house
keepers, and overworked women generall
Dr. Pierce's Favorite Prescription Is the beat
of all restorative tonics. It is not a "Cure-alL"
but admirably fulfills a singleness of ppo00,
being a most pQtent specific for all tose
Chronic Weaknesses and Diseases peculiar to
women. The treatment of many thousands
of such cases, at the Invalids' Hotel and Surg
i-al Institute has afforded a large experience
n adapting remedies for their cure, and
Or. Pierce's Favorite Prescriptien
is- the result of this vast experience. For
internal congesion;i. inflammation
and ulceration, it is a Specific. It
is a powerful general, as well as uterine, tonic
and nervine and imparts vigor and strength
to the whole system. It 'cures weakness of
stomach, indigestion, bloating, weak back,
nervous prostration, exhaustion, debility and
sleeplessness, in either sex. Favorite
tion is sold by druggists under our pu
guarantee. See wrapper around bottle.
OR SIX B01"TL28
PRICE $1.00 , FoE |5.OO.
Send 10 cents in stamps for Dr.Pierce's large
Treatise on Diseases of Women (100 pages,
paper-covered). Address, WORLD'S DIsrmfe
sAlRY MEDICAL AsSoCIATION, 68 Main Street,
Buffalo, N. Y.
ai UeasXant LIVEB
ANTI.BILIOUS and CATHARTIC.
promptly cured by Dr.
Purgative Pellets. 25
cents a vial, by Druggists.
ON THE FIRST OF OCTOBER, the
undersigned opened a
URST CLASS BOARDING HOUSE
in Charleston, for the accommodation of
both Transient and Permanent Boarders.
The Building, located on the northeast
corner of Wentworth and Glebe streets,
is conveniently near the business portion
of King street, yet free from the noise
of the thoroughfares. It is within easy
reach from the Academy of Music and
from Churches of all the different de
The house has been thoroughly re
paired, and fitted up in good style with
new furniture and titures.
For further information address
- Mr.s. E. E. HASELL,
or MiTs S. S. EDWARDS,
u~tf Charleston, S. C.
The justly celebrated SOUTHERN
VEGETABLE PILL having been used
as a household remedy for the past half
century, in all the Southern and Western
States, for the cure of Dyspepsia, Bil
iousness, Malaria and all diseases of the
LIVER, have, by their
gained the supremacy over all other
PILLS on the market. After one -trial
you will join the cry for "GILDER'S
PILLS" with the ten million people of
the United States-who are now using
If your merchant has not got them,
send 25 cents in stamps to
/G BQfRRETT & CO.,
CHARLOTTE FEMALE INSTI LUTE.
The current session of this Institute
closes Ja-mary 21st, 1888, when~ the
Spring Session begins, which ends June
The present session is one of the most
prosperous in the history of the Insti
tute. There is room for only a few more
boarding pupils. The health of the
school, the accommodations of its board
ing department, and the efficiency of its
corps of teachers are unsurpassed any
where in the South. The first of January
is a very convenient time for entering.
Ppils are charged only from date of
R1ev. Wrv. R. ATKINSON,
Charlotte, N. C.
R DITCHING TILE DRAINING,
IC AND C RDENIN
is. Carpenters 'Builes ri tsen
Gan en veoin hei r tase fr en
tripo, grduated cirlad pointpr fo. reabin
r, 7.00. Cash wit order. Instructions with