davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1870-08-11

THE POPE SAID Just before the evacuation
of Rome by the French troops the French
Minister called upon Cardinal Antonelli to
apprise him of the event. The Cardinal said
he would mention it to the Holy Father and
give his answer to the Minister in the evening.
Accordingly, in the evening, the Minister
called again upon the Cardinal, when, as
reported by the Paris paper lie Temps, the
following conversation, after the usual formali-
ties, took place -
MARoUIs-And what does his Holiness say2
CARDINAL-He says, "God Will provide for me.
May never see French troops again.
MARQUIS is that all
CARDINAL-Al.
We do not fully believe In this report. On
the contrary, we doubt not that the Pope
sorrowfully parted with the French troops
after the seventeen years of protection and
security they had given him against Garibaldi,
Mazzini and the Reds. But now that the
French are gone, the Holy Father, it may be
said truly, has no other reliance than merci-
full Providence; for King Victor Emanuel, as
son of the Church, is but little better than
wolf in sleeps clothing.
actual physical condition at this crisis Of Ma
poleon the Third? One report says he is
sick at Chalons, another that he is expected in
Paris, another that he has returned to the
headquarters Of the army at Metz; but wher-
ever he may be, the defeats he has suffered,
the dangers that encompass him, the exhaust
ing labors, excitement and troubles crowdng
upon him, may prove too much for his shat
tered constitution. What, then? Does any one
suppose that there are twenty intelligent men
in France who, at any time these ten years
past, have entertained the idea of a continua-
ton of the empire under the Prince Imperial?
MOI 1t is rumered that the Empress, with her
darling boy, is preparing for the possible
necessity of flight over the Straits of Dover.
And why not, when at any moment an event
may occur which will abolish the empire and
re-establish tue republic2
The New York herald., 1870-08-11
THE REMAINS OF SENATOR coas AND COLONEL HEADlEy.

Average temperature yesterday ............ 85X
Average temperature for corresponding date
The New York herald., 1870-08-11
CONTENTS OF TO-DAY'S HERALD.

New York. Thursday, August IL, 1877
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

5. The Court of General Sessions at
Abbevillc, for the County of Abbeville,
on the third Monday of February, June
and October; and the Court of Common
Pleas at Abbeville, for the County of
Abbeville, on the first Wednesday after
the third Monday in February, June and
October.
Sec. 2G. The Judges elected and COM
missioned for the several Circuits shall
hold the Courts Of Common Pleas and
General Sessions for the several Counties
in their respective Circuits: Provided,
Said Judges shall interchange Circuits,
upon their request to, and order of, the
Chief Justice, or upon the order of the
Chief Justice without such request,
wlcr ever, in his jud gment, it shall be
deemed advisable
CONTINUED In OUR NEXT
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03
TITLE III.

CIRCUIT COURTS.
SEC. II. Division of the State into
Circuits.
SEC. Is. Time of holding Courts in
First Circuit.
SEC. 10: Time of holding Courts in
Second Circuit
SEC. 20. Time Of holding Courts in
Third Circuit.
SEC: 81: Time of holding Courts in
Fourth Circuit.
Sec. %. Time of holding Courts in
Fifth Circuit.
SEC. 23. Time of holding Courts in
Sixth Circuit.
:. SEC. p: Time of holding Courts in
Seventh Circuit.
SEC: 25: Time Of holding Courts in
Eighth Circuit.
SEC. 26. Judges to hold Circuit Court.
SEC. 27. Judges power to adjourn
Court Common Pleas.
SEC. Is. Special Sessions of Circuit
Courts.
SEC. 20. Petit Jurors in Comm on Pleas
and General Sessions.
SEC. 30 Adjournment of Circuit
Courts.
SEC. 81. Qualification of Judges.
SEo. ~. Circuit Courts made Courts
Of Record.
SEC: 33. Clerk and Deputy Clerk Of
Circuit Courts.
SEc. 81. Transfer OF causes from Court
of Chancery.
SEC. II. The State is divided into
eight Circuits, as follows:
l. Tho Counties of Charleston md
Orangeburg shall constitute tho First
Circuit.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03
TITLE II.
SUPREME COURT.
SEC. II. Its jurisdiction.
Sec. IL. Power of Court.
TTTT,E, TT

SUPREME COURT.
SEC II. Its jurisdiction.
Sec. r. Power of Court.
SEC. ID. Terms. Preference of causes.
SEQ IA. Judgment, rehearing. Opt
Mons.
SEC. Is. Sheriff to provide rooms,
&c.
SEC. lG. Courts, where held. Adjourn
ment.
SEC. IL. The Supreme Court shall
have exclusive jurisdiction to review
upon repeal:
l. Final judgments in actions COM
menced in the Courts of Common Pleas
and General Sessions, brought there by
Original process or removed there from
any inferior court or Jurisdiction; and
upon the appeal from such Judgment, to
review any intermediate order involving
tina merits, and necessarily affecting the
Judgment.
2. An order affecting substantial
right in an action, when such order in
effect determines the action, and pre-.
vents n Judgment from which IN appeal
might be taken, or disoontinues the ac-
tion, and when such order grants or re-
fuses new trial; but no appeal to the
Supreme Court from nm order granting
new trial, on case made or bill of ex-
ceptlons, shall be effectual for any pur-
pose, unloss the notice of appeal con-
tain an assent on the part of the appel
liant, that If the order bo affirmed, judg-
ment absolute shall be rendered against
the appellant. Upon every appeal from
an.order granting new trial, on case
made or on exceptions taken, if the Su-
Premc Court shall determine that no
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

Flirting is known rs "blufIing" ut
Martha's Vineyard, the benches which
line the bluffs being the rendezvous of
yonng ladies and gentlemen who engage
IN the amusement.
PoL1ocK's.- Meals furnished at all
hours.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03
THE CODE OF PROCEDURE
OF THE
TATE OF SOUTH CAROLYN

To the General assembly Of Tie State of
South Carolina:
Pursuant to the Sixth Section of the
Act entitled '.An Act to provide for the
revision and consolidation of the Statute
Laws of the State of South Carolina, "
approved March 9th, 1869, the Commits
sioners undor said Act respectfully report
the following Code of Procedure for the
adoption of the General Assembly.
5: s 8 \. !: \ 5S$S$s, $$SRSES oonn''..
AN ACT TO REVISE, SIMPLIFY AND ABRIDGE
THE RULES, PRACTICE, PLEADINas AND
FORMS OF COURTS IN THIS STATE.
Whereas, it is provided that the, pro-
sent forms of action6 and pleadinSs in
cases at common law should be abolished; ;
that the distinction between legal and
equitable remedies, should no longer
continue; and that an uniform course of
proceeding, in all cases, should be estab-
lished; therefore,
BE it enacted by the Senate and House of
Representatives of tile Stale of South Caro-
lin0; mo,o met and sitting in General Assem-
bly,, and by the authority Of tie same:
SECTION l. Division of Remedies.
SEC. 2. Definition of an action.
SEC. .. Definition of q special pro-
ceeding.
Sec. 4. Division of actions into civil
and criminal.
SEC. 5. Definition of q crimina! action.
Sec G. Definition of civil action.
SEC. 7. Civil. and criminal remedies
not merged in each other.
SEC. s. Division of this Act.
SECTTNN Ropoo1ioo &l>o oo,.-t-
Justice arc divided into: 1. Actions: 9.
special proceedings.
Sec. 2. An action is nm ordinary pro-
ceedlng in O court of justice, by which n
party prosecutes another party for the
enforcement or protection of right,
the redress or prevention of q wrong. or
the punishment of public offence.
SEC. 3. Every other remedy is spe-
cial proceeding.
SEC. 4. Actions are Of two kinds: 1.
Civil; 2. criminal.
SEQ. 8. A criminal action is prosecuted
by the State, as party, against person
charged with public offence, for the
punishment thereof.
SEC 6. Every other is civil action.
Sec. z. Where the violation of ripht
admits of both civil and criminal rene.
dy, the right to prosecute the one is not
merged in the other.
SEQ. s. This Act is divided into two
parts: The first relates to courts of Just
ice and their Jurisdiction. The second
relates to civil actions in the courts of
this State.
PART 1.
OF THE COURTS OF JUSTICE AND THEIR
JURISDICTION.
TITLE l.
HAPTER l.
SEC. 0. The several courts of this
State.
SEC. 10. Their jurisdiction generally.
Sec 8. The following are the courts of
justice Of this State:
l. The Court for Trial of Impeach-
ments.
2. The Supreme Court
3. Two circuit courts, to wit: (1.) a
Court of Common Pleas; and (2.) Court
Of General Sessions
4. Probate Courts.
5. Courts of Justices of the Peace.
6. Courts of Trial Justices.
7. The City Court of Charleston.
8. Mayors and Intendants' Courts
Sec. 10. These courts shall exercise
the jurisdiction now vested in them
respectively, except as otherwise pre-
scribed by this Act.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03
Notices.

The Lifc-Sustnining PrinoipIc.--The
vital and the muscular systems are entirely
distinct from each other. man may have
the Drawn of II Hercules, but if he is deficient
Ill vital energy, ho will not wear as well, or
last as long or be as healthy and happy whilo
he docs last, as the man of ordinary, or even
slender build, who possesses larger share of
this animating principle Ono Of tho great
ost recommendations of that puro vegetable
inyigorant, HOSTETTER'S STOMACH BIT
TIERS, is that it increases tho vital force Of
tho system. No medicine can double tho
volume of mans muscle, or thicken and vul-
canize his thews and sinews; but Hostetter's
Bltters has an effect much moro important.
!ts use promotes constitutional vigor. It re-
lntorces the life-power. Of which bone and
slnew and muscle are merely the instruments,
holding the samo relation to it that machine-
ry does to steam. Let tho slight and appa-
rently fragile take heart, they may have more
stamina, though far less physical strength,
than tho broad-shouldered athletes they re-
gard with envy. To restore, to sustain, to
increase this staminal principle, which, when
IN full supply, is the source Of health and the
best guarantee Of longevity, is a special pro-
Perty or tho famous restorative. It is not
only specific for dyspepsia, biliousness, in
termlttent feyers,. constipation, &C., and q
preventive of all diseases of malarious cha
racter, but tho best Of all medicines for
strengthening tho constitution and awaken
ing tho powers of nature from whatever cause
they may have become lethargic. Aug t6
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

as- D.NNEY MORGAN e. CO., VS.. THE
PRESIDENT AND DIRECTORS OF THE
BANK OF THE STATE OF SOUTH CARO-
LIMA, EFT AL. CHARLESTON COUNTY.
COMMON Pleas, EQUITY SIDE.-All per.
sons, depositors in tho Bank Of the State of
South Carolina, or auy of it's branches. hay.
ing claims upon said Bank, arc hereby mott.
fed that by the decree OF his Honor Judge
CARPENTER, made in this cause, and dated
May 7th, 1870, they must prove their claims
before me on or before tho fifteenth (15th)
day OF August next, or else they will be barred
from all participation in tho Assots of said
Bank or claims upon the State of South Caro-.
lima.
Dcpositors must present their claims, sus.
tained by affidavit, similar to those required
for claims upon executors or administrators.
stating distinctly when the deposit account
began, and when it ended.
Tho Deposit Books must in every case be
produced if in existence.
CHARLES II. SIIONTON, Referee.
Charleston, s. c., No. IS Broad street. over
Peoples National Bank, June %, 1870.
June 2i 3oJulG 9, .23 27, 80, ,A3,
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03
South Carolina Bank and Trust Co..
OF COLUMBIA

n" B"iding formerly occupied 1y Carolina
National Bank,)
BUY, SELL and EXCHANGE all issues or
GOYERNMENT BONDS, at current market
rates. also COIN and COUPONS. and execute
orders for the purchase and sale of Gold, and
all first-cless. securities, Oh com mmission.
ISSUE CERTIFICATES OF DEPOSIT, pay
able on demand, or at fixed date. bearing
interest, and available i'll all parts of The
United States.
ADVANCES made to our dealers, on ap.
proved co!laterala, at market ratcs OF int crest
COLLECTIONS made everywhere in the
United States, Canada and Europe, and Ex-
change bought and sold
Dividends and Coupons collected
HARDY SOLOMON, President.
J.C RuATT Cashier June % 9n,o
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

CIioLERA!-Tho following letter is from
MIR. Woodward Of st. Louis, to J. N. Harris,
Esq, OF New London. Conn. Mr.. ". is gen.
ticman OF high rcspectability, and during the
prevalence of tho cholera in st. Louis.
watched the result of the application of the
Paln Killer for this disease, and his testimony
can be relied upon with the utmost confidence.
DEAR SIR: You recollcot when saw you in
January last, my expressing to you my most
KILLER would have q tremendous sale in tho
west TINS season, and my anticipations have
Decn more than realized, and the testimony
OF OF thousands who have used it has been that
without it in the house.
On the appearance of the cholera in this
city, such was tho confidence in the Pain
it remarked to me that they had no fears or
dread OF the cholera, as long as they had the
ram Killer by them, and hundreds took it
siS asailS as preventative, for no person can
rhGG, If they use this medicine. This was
tho security and confidence of hundreds
acquainted with it, and when their friends
were attacked with the Cholera, they would
administer tho remedy in large quantities,
and In every case when it has been taken in
any or the first stages OF this disease, it has
proved successful,
consider it all infallible remedr. Tbove
not heard OF any individual in any family who
used the Pain Killer when attacked, but
speedily recovered.
Tho clerk informed me that he administer
and It gave immediate relief, but still it
should be given quickly, for when the dis.
charge of rice water" has begun, the hope
OF life has fled. Should this disease make IT'S
appearance among you, as in all probability it
Will, be not alarmed; you and ali others there
have TIC remedy, and am confident il the
Pain Killer is used, no. single death by cho
lcra will occur in your city Respectfully
yours, A. T. WOODWARD
e,3 Tho Pain Killer is sold by nil dealers in
fhmlE Mediclncs. Aug dElmo
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

WEDLoCK---THE BASIS OF CIVIL,
Noci i.-Essays for Young Men, ON the
hon"r and happiness Of Marriage, AMI the
evils aid dangers Of Cclibacy-Wi:h sI!,i;ary
help for the attainment Of man g true position
IN life. Sent free, in sealed envelopes. Adj
dress; HOWARD ASSOCIATION, Eox P, Phil.
adelphia. Pa. Nav "a 3mo
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

CONTINUED In OUR NEXT. I
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-03

A"ho VIC Suluese. luey are aCcuS-
toned to lives that arc SO different from
ours that their employment amongst us
must produce the most disturbing influ-
ences. They live so poorly and work so
cheaply, that their competition would be
ruinous to our own laboring classes. We
cannot expect new mode of life to bo
adopted by the white laborer any more
than by other classes Of society, and if
those other classes subject him to the
necessity Of such n change of habits as
is next to impossible, it will produce dis
order and bloodshed. This is now
threatened in California.) writer in n
Western journal styles tho introduction
OF Chinese, rs 80 conspiracy against the
tree, manly, honest, and remunerative
labor OF American citizens, for the tur-
pltude OF which the language has no
fitting words"
But the first step has been taken which
opens the door wide. We cannot admit
one inferior race md keep ont another
ana we are threatened with tho degra-
datlon OF labor, tho nursery of nations
power and greatness; with the degrada-
ton OF the Government in all its depart-
ments; with the depreciation of the public
character and the extreme depravity of
the public morals.
In the consideration of this great m
tional evil, party is nothing. It is onlv
cpheperal, while the evil uncheckei
must be enduring, and must ineyitably
seriously obstruct the progress of this
nation and defent its attainment of that
high destiny which it would, under the
exclusive rule of tho true Caucasian. un.
doubtedly reach.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-27
Hope Insurance Company vs.. Widow
Jerome TOurne, ct al, Seventh District Court
for the Parish of Orleans No 3218.

Hope Insurance Company VS.. Widow
Jerome TOurne, ct al, Seventh District Court
for the Parish of Orleans No. 32l8.
DY VIRTUE OF WRIT OF FIERI FACIAS
ID against Mrs. Widow Jerome Tourne, to me d-
rected by the Honorable the Seventh District Court
for the parish of Orleans in the above entitled
cause, will proceed to sell at public auction, at
the Merchants and AuctiOneers Exchange, Royal
street, between Canal and Cust0mhouse streets, in
the Second District Of this city, on MONDAY,
August %, 1870, at twelve o'clock NJ, the following
described property, tOwit- ..
CERTAIN LOT OF GROUND, together with all
the buildings and improvements thereon, situated
in the First District Of this city, in the square
bounded By Julia, New Levee Commerce and st.
Joseph streets and designated by the number one,
on a plan drawn by Joseph Pile, late City Sur
veyor, dated the third day Of March, 1928, and 10
also designated by the same number on plan
of July, 1870, and according to said
last mentioned PLAN. said lot forms the
corner of Julia and New Levee streets,
and measures. in American measure, fifty three feet
four inches and four lines front Julia street sixty
five feet five inches and three lines front on New
Levee street, sixty-twO feet eleven inches ana
seven lines in depth on the side next to Commerce
lines depth the side next to st. Joseph street.
Said lot forms property belonging to the comnu-
nifty which existed between defendant. said Widow
Jerome TOurne and her late de ceased husband, and
was acquired by him by an act of exchange be-
tween him, Jerome Tourne, and the heirs OF Fer
trand Gravier, passed before H. Lavergne late a
notary public in this city, on the seventeenth day
of March, 1923.
Seized in the above suit.
Terms---Cash on the spot
THOMAS L. MAXWELL,
iy21 aus 81 Sheriff of the parish of Orleans.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-27

Francois l4imOngy vs.. george N!alc0iN ara
Robert Malcom-Seventh District Court for
the parish of Orleans, No. 3l4.
DY VIRTUE OF A WRIT OF SEIZURE AND
ID sale, to directed by the Honorable the
Seventh District Court for the parish of Orleans,
in the above entitled cause, will proceed to sell at
public auction, at the Merchants and AuctioneerS
Exchange, Royal street. between Canal and Gus
tomhouse streets in the Second District Of this
city WEDNESDAY, July u, 1870, at twelve
o'clock NJ, the following described property, To
A CERTAIN LOT OF GROUND with an the
buildings and improvements thereon, situated in
the First District Of this city, in suburb LacOurse
composed OF two lots, designated by the numbers
three and four, on particular plan made by A
UHemecOurt surveyor on the second November,
1856 deposited in the Office of A. &. Benvenu, no
tary public in this city as plan number twenty
two Lot number four measuring sixteen feet two
inches and four lines front on Apollo street, by
depth which lot is at distance of sixty -four f7er
of the of Erato street; and lot number thse,
measuring fifteen feet eleven inches front on Apollo
street by sixtythree feet eleven inches and three
lines in depth, which lots a part OF a lot Of
ground in square number eighty-three, OF said
suburb Lac0trse, bounded by Apollo, Nayades,
EratO and Clio streets designated by the number
six on a plan Of B. Lafon, late surveyor, dated fif
teenth May, 1907; being the same property ac-
nuired by the defendants by Inheritance from their
deceased mother Jane Mccall, widow Of George
Wood as will appear by reference to the proceed
incs in the Second District Court of New Orleans,
No aS26 of the docket of said court
Seized in the above suit.
Terms-Cash on the spot.
je25 jylO27 Sheriff of the Parish Of Orleans
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-27

Widow Madron vs.. Mrs. E. Barkdull tOlive
Robinson wife of Enoc Jones Barkdull)-FOurth
District Court for the parish OF Orleans, No.
DY VIRTUE OF WRIT OF SEIZURE AND
ID sale, to me directed by the honorable the
Fourth District Court for the Parish of Orleans, in
the above entitled cause, will proceed to sell at
public auction. at the Merchants and Auctioneers
Exchange, Royal street, between Canal and Custom
house streets in the Second District of this city
SATURDAY, August 10, 1870, at twelve o'clock NJ,
the 6T nE asssTSed pr9peTtN to W and
provements thereon, and all the rights ways, servi
tudes and advantages thereuntO belonging or in any
rrain u tis cty maIins part Of lot humber thirty
i've, designated by the number three. upon plan
drawn by 6. A. de Armas, architect, On the second
of October 1852 deposited in the office of A. DoIio-
court notary public in this city, and measuring
thirtyone feet eleven inches and five lines front
the Grande Route st. Jean, upon depth Of one
hundred and twentyOne feet eight inches and three
lines the side Of lot number four, and one hun
dred and twenty feet eleven inches and three lines
2. A LOT OF GROUND, together with all the
buildings and improvements thereon. and all the
rights ways, servtudes, privileges and advantages
thereuntO belonging or in any wise apperta1n1ng,
situated in the fubOurg Pontchartrain OF this city,
designated by the number four, upon a plan made
Der, 1852, deposited in the Office OF A. Doriocourt,
notary public in this city Said lot measuring
thirty feet eleven inches and five lines front on
Grande Route st. Jean, upon depth OF one hun
bred and twenty-One feet eight inches and three
lines the line of lot number three, and one hun
dred and twenty-five feet tive inches and three
lines on the other line.
Said lot being part of the lot number thirty-Ave,
on the original plan of said faubourg, belonging to
the said defendant by purchase from Francois
Anne Roger by act of sale passed before 4.
Doriocourt. notary public in this city, on the sixth
of April, 1860.
Seized in the above suit
Terms--First: In cash to sufficient amount TO
satisfy plaintiffs claim, amounting to the sum OF
two thousand seven hundred and fifty dollars
S2,5O) with interest thereon at the rate of eight
per cent per annum, from the twentieth day OF
May 1867, till the day of sale; five per cent attor
news fees on the amount sued on: forty dollars in
ssrance and all costs OF suit Second The purcha-
ser to assume ito the extent Of the amount of his
bidl the payment of ffty-two promissory notes Sc
cured by concurrent mortgage on said property
drawn by defendant to her own order and by heI
indorsed, dated on the twentieth day of May, 1861
each for the OF fifty dollars $780, bearing eight
per cent interest per annum from date till paid, and
payable from month to month after twentieth July
1870. Third: And the balance of the price OF adjud
cation if any, cash on the spot.
THOMAS L. MAXWELL,
iyl3 a,I2 % Sheriff of the Parish of Orleans.