Daily constitutionalist. (Augusta, Ga.) 1846-1851, May 13, 1847, Image 2

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'THe"CO NST 1T UTI ON A 1.1 ST. "jAMES GARDNER, JR. T L R M s. Drs.ily, per annum, S 3 00 Tri-Weekly, p£r annum, 6 00 | If paiJ in advance, 00 Weekly, per annum, 3 00 If paid in advance, 2 50 T O CL I BS . We call particular attention to the following terms of our paper: To Club*, reunitin'? $lO is advance. FIVE C.Of’IFS are scut. This will put uur weekly pa per in the reach of new subscriber* at TWO DOLLARS A YEAR. new subscriptions must he paid in advance. >pjr i’osi tsje must oe paid on all Communications a id Let'ers of business. r ,M —— ■ I—l. —1 -. 1 -i _ JLSfSLi 1 Jl‘ - TT Th“ following lines, full of life and energy,are { from the pen of Capt. Albert Pike, of the Arkansas Ca ! vnlry. The w riter valiantly participated in the bailie which be »o spiritedly describee. IIUI2IVA VISTA. PT ALBERT PIKE, OF THE ARKANSAS CAVALRY. From Rio Grande’s waters to llie icy lakes of Maine, ],«t all exult tor w e have met the enemv airain; Be ueath their stern old mountains, We have luet them in their pride. And ro led from Ilacua Vista back the battle’s bloody tide. When the enemy came surging, like the Mississippi’s flood. And ihe reaper, Death, was busy with hissickle rid with blood, Bauta Anna boasted loudly , that before two hours acre past. Hu L.ncers through Saltillo thoultl pursue us thick and • fast. On r.amc his solid infantry ,line m arching after line- Lo, ihci- great stamlaids in the sun, like sheets of silver stine; With tlroueands upon thousands—yea,with more than four la one. A forest of bright bayonets gleamed fiercely hi thcsiin. Lo! Guanajuato's rrpimrnl—Lo! Puebla’* boasted corps. And Guadalajara’s chosen troops! uii veterans tried be fore; And galloping upon the right, four thousand lancers fie tin, V\ hero waving in the morning light, their blood-red pennons stream. • And then bis stern srtillerwclimbs up the broad plateau, To-day he means to strike at us an overwhelming blow ; Now hold us strongly to the heights, for lo! the mighty tide Comes thundering like an avalanche, deep, terrible and wide. Now,lllinois! stand steady! now, Kentucky! to tbeiraid! F ora portion of our line, alls! is broken and dismayed: A regiment offugitives is fleeing from the field, ' And the day is lost if Illinois and brave Kentucky yield. f ’’ One of O’Brien’s gtrhsis "one: on, on their masses drift, And their infantry and lancers now are passing round u r In ft; troops are driven from the hills and flee in w ild dis vj*P»=,'y. round us gather thick and dark the Mexican array. Santa Anna thinks the day is gained—and rolling yet more near Miaon’s dark cloud of lancers, sternly menaces our rear; Now, Lincoln, gallant ntiemnu! lies deal upon the fl. Id. Who strove to stay these men that in the storm, of bullets reeled. Now, Washington fire fast and true! fire, Sherman, fast ■nd far! Lo! Bragg comes thundering to the front, to breast the adve-se war! B■’nta Anna thinks the day is gained—on,onhis rinsses crowd. And the roar of battle risesup more terrible and loud. Not ret! our brave old General comes to regain the (lay; Kentucky to the rescue! Mississippi tothe fray! Now charge,btave lllinoians! galla..t Da\ is drives the foe, And back before hi* rifles the red waves of lancers flow. tlpon them yet once more, ray braves! the avalanche is stayed; [mayed. B'ck roils the Mexn?ue multitude, all broken uua dis llr*. May! to Buena Vista! for the enemy are near, And we have none there who can stop their vehement car<o*. Still swelling downward comes the tide: Porter end Yell are slain; [in vain: Marshall before him drives a part, but still they charce And now in wild confuaio mixed, pursuers and pursued, Onto Saltillo wildly drifts a frantic multitude, Upon them with your squadron*, Maj-.' out leap* the Aim ing steel; {reel; Before his serred column how the frightened lancers They flee amain: now tt> the left to stay their triumph there, Or else the day is eurely lostinhorror and despair. For their hosts arc pouring swiftly on, like a river in the erring. ” ' [ing Ourflank is turned, and on their left our cannon thumler- Kow, brave Artilleryljbold Dragoons! steady, my men. and ealni, [gallant arm! Through rain, cold, hail and thunder; now nerve each What though their shot fall round us here, still thicker than the hail, [the gale. We'll stand against them as the reck stands firm against Lo! their battery is silenced now; our iron hail still show ers: They fa’tcr. halt, retreat—hurra! the glorious dry is ours; Now charge again, Santa Anna, or the day is surely lo»t; Far back, like broken waves, along our left your hordes are tossed. [on — still louder roar hts batteries—his strorc reserve moves Wore work is there before you,men, ere the good fight is won. Nowforyotir wives and children, men! stand ready yet once more: [before Now for vonr live*, your honor, fight as you have fought Ho! Hardin breastsit bravely ! McKee and Bissf-Il there Stand firm before the storm of balls, that fid the aston ished air. TheUncers are upon them, too—the foe swarms ten to one; [sun, Hardin is slain—McKee and Clay the last time see the And many another gallant heart in that last desperate fray Grow cold, its last thoughts turning to its loved ones far away. stdl suddenly the e.amion roared—hut died away at last, And o’er the dsad and dying camo tha evening shadow* fast; [silver shield. And then above the mountains rose the cold moon's A u«i patiently and pityingly looked down upon the field: And careless of his wounded, and neglectful of hie dead, P'ispairingipv nd sullen, in the night Santa Anna fled. And thne on Buena Vista’s heights a long day’s work was doua. And thus our brave old General another battle won. And still our glorious banner waves, unstained by flight or shame, [name And the Mexicans among their bills still tremble at our 8o honor un'o those that stood! disgrace io those th.it fled, And everlasting glory to the brave and gallant dead’ [ prom the Southern Recorder .] Tnr. Supreme adjourned at noon on ; Friday last —having disposed of all the business before it. We give the decisions, in brief, which were made at this term: W. N. Kirkpatrick, Guard., &c. Pi’ff in Error. VB. John Davidson, Def’c. in Error. Trover tend Conversion--From Jasper Superior Court. TFefd—That a trust in personalty may be de clared and proved by parol. That a limitation of personalty by parol is not Jdnd. Such limitation, to be good, must be evi enced by writing. Judgment below affirmed. .Dawson & McHenry, for Pl’ff. J. Hill, for Deft. Trifpc &- Slade. Hudson & Thomas, et. al. Plaintiff’s in Error, vs. Win. V. McGehoe, Elizabeth Low, Uriah Ward, et. al Defendants. Bill to cancel deed—Demurrer—from Putnam. fjtld Where a voluntary conveyance was made to a trustee for the use of the wife and * children of a debtor, that on a bill being filed by pre-existing creditors against the trustee, the ecitui quc trust arvl the adiniiHstrator of the grantor, lo set aside such conveyance, a demur er to the same, on the ground that the creditors have a common-law remedy against the trustee as executor dt son tort, -cannot be sustained; as in such cases of fraud, Ejuity has concurrent jurisdiction, and the party may elect his course. Judgment below reversed. Cone and Wingfield, for Plaintiffs. J. Hill, for Defendants, swxnmmrmi ■11 yip '■MwafppMi ■# ihm W. L. Edmunuson. Plaintiff in Error, vs. John H. Dyson, Trustee, Defendant. Bill in Equi yto Convey— From Wilkes Supe rior Court. Held— I hat a deviseto A. in trust for B. for life, and at his death to convey to whomsoever B. by will should appoint, and if B. should die in testate, then to convey to the heir or heirs at law oi B. absolutely with power in the trustee to sell and rc-invest the property vvasa n executory trust, and const quentlv was not subject to the rule in { Shelley’s case. Held further— That the terms ‘heir or heirs at law’ in the above devise, are words of purchase and not of limitation. Judgment below reversed. W.-Dougherty and T. R. R. Cobb, for Plain tiff. ' # Toombs and Cone, for Defendant. Kenan & Rockwell, Plaintiffs in Error, vs. John J. Miller, Defendant in Error. Bill for Discovery, Relief, if-c. Demurer From Baldwin. Held -That the attorneys of record are impro perly joined as parties, where there is no allega j Lon of fraud or combination with their clients. That the judgment of a Court of competent jurisdiction at law, cannot be set aside in equity on the ground of an error in the Court whereby the judgment was obtained. Judgment below reversed. Kenan & Rockwell, Plaintiffs. Cone, and Harris &. Day, for Defls. James M. Turley and Martha Griffin, Plaintiffs in Error. vs. i Elisha Moore, Defendant in Error, i Scire Facias against Bail in Civil Action-From Taliaferro. Held—l. That a surrender by bail cfb.is prin i ripal during term time, under the statute of this j State, must be made in Court; and that the fart can he made legally to appear only by the records of the. Court. 2. Thati»y the statute ofthis State, bail does not become absolutely fixed upon the return of non cst inventus on the capias ad satisfaciendum] hut that the surrender is matter of legal right up to the rendition of final judgment on the scire facias , and that the death of the principal at any time before final judgment on the sci. fa. operates as a discharge of the hail. Judgment below reversed. Linton Stephens for Plaintiffs in Error. James Thomas, for Defendant in Error. John W. Carter Wife, Plaintiffs in Error, vs. Wm. R. Route, Defendant in Error. The Same vs. George P. Buchanan. Held That a writ of error upon a judgment at common law, w ill not He entertained where an appeal has been enteied and is still pending in the Court below. Writ of Error dismissed. Andrews & GartnM, tor Plaintiff. Stephens, Toomb., Cone and Reese, forDef’t. Seaborn J. Saftold, Pl’fVin Error, vs. Christopher Keenon, Def’t in Error; Rule ft is i—From Morgan. Judgment below affirmed. N. G. Foster for Plaintiff. Reese & McHenry, and Cone, for Def’t. Jas Long, et al Pl’ff in fi fa and attachment, and Plaintiffs in Error, vs. Berkley Si n?;, Def t and K. Strickland, clai inent, Defendants in Error. Claim— From Madison Superior Court. Held— That a writ of error is amendable, but will nor he amended so as to insert another par tv, unless by written consent ofthe party sought to be inserted, and a waiver of service under the 21st rule ofCourt. W rit of Error dismissed. Giles Mitchell and T. R. R. Cobb, for Plain ! tiff W. L. Mitchell, for Defendant. Will iam Fish, Plaintiff in Error, v s. Chapman & Ross, Defendants in Error. Case— From Washington Superior Court. Held— That a wagoner who carries goods oc casionally, ami Upon contracts made by himself, is not a common carrier, at common law. That common carriers (viz: Rail Road and Steamboat companies, &c..) cannot, either by no tice or special contract, limit their liability; and that they are responsible in all events, except for inevitable accidents and irresistible force -- nr, in other words, the nets of G< d or the public enemy —but may upon notice require their customers to make known the character of the goods, or pack ages, when delivered to them. That a carrier, under a special contract, mav make himself liable as a common carrier and that a cotract to deliver goods in like order , unavoida ble accidents excepted, issUch a special contract. That the Supreme Court w»ll presume the ; Judge below to speak with reference to the facts I ofthe case before him; and although the charge 1 to tiie Jury may be technically erroneous, if the facts of the case, undisputed, render the liability j of the party the same as charged by the Court, i the Supreme Court will not grant a new trial on j the ground«of misdirection. Judgment below affirmed. Geo. W. Fish, for Plaintiff in Error. Thomas and Johnstone, for Defendant. Jas. B. Nickelson, Plaintiff in Error, vs. The State ofGcorgia, Defendant in Error. Scire facias- -from Greene Superior Court. Held, that a recognizance for the appearance ofa pnrtv at Court, to answer for an offence, should specify the crime charged : and that parol evidence is inaslmissable to supply the omisoion. Judgment below reversed. F. H.Cone, for Plaintiff in Error. Ashuist, Sol. Gen., for Defendant. Win. Hurt, Plaintiff in Error, vs. Jno. M. Mason, Defendant in Error. Illegality—from Hancock Superior Court. Held , that a second affidavit of illegality can not be filed in a case, for cause which existed at the time ofthe filing oftheJtrsL Judgment below reversed. James Thomas, for Plaintiffin Error, D. W. Lewis, for Defendant. Jno. R. Anderson, et al. Plaintiffs in Error, vs. Geo. W. Crawford. Gov. A'C. Def’t. in Error, Debt on Bond—from Baldwin Superior Court. Held —That an Agent or Trustee is responsi ble for interest on a balance ascertained in set tlement. That a bond payable by an Agent ofthe Cen tral’Bank to the Governor ofthe State is good. Judgment below affirmed. Hardeman, Harris fc Day. and Cone, for Pl’ffs. Rockwell & Kenan, for Defendant. [From the Washington Union.] OFFICIAL. The following very interesting despatch from Major General Scott was received at the War office, by thisevening’s south ern boat. We hasten to lay it before our readers: Head quarters ofthe Army, Plan del Rio, 50 miles from Vera fritz. April 19, 1847. Sir: The plan of attack, sketched in General Orders, No. 111, [publishedin last evening’s “Union,”] herewith, was finally executed by this gallant army, before two o’clock, p. m., yesterday. We are quite embarrassed with the results of victory—prisoners of war, heavy ordnance field batteries, small arms, and accoutre ments. About 3,000 men laid down their arms with the usual proportion of field and company officers, besides fire gener al*, several of them of groat distinction. Pinson, Jarrero, La \ ega, Xoriega, anti Obanilo. A -sixth general, \ asquez, was ' killed in defending t he battery (tower) in the rear of the whole Mexican army, the j capture of which gave us those glorious results. Our loss, though comparatively small, in number, has been seiious. Brigadier General Shields, a commander of activiiv, zeal, and talent, is, 1 fear, if not dead, mortally wounded, lie is some five miles from me at the moment. The field of operations covered many miles, broken i by monn'ains and deep chasms, and [ have ; not a report, as yet, from any division or brigade. Twiggs’s division, followed by ■ Shields’s (now Col. Baker’s) brigade, are | now at, or near Xalapa, and Worth’s I division fs in route thither, all pursuing, j with good results, as I learn, that part of , the Mexican army—perhaps, six or seven I thousand men, who fled before our right i had carried the tower, nnd gained the Xalapa road. Pillow’s brigade alone, is : near me at this depot of wounded, sick, j and prisoners, and I have time only to give from him the names of 1 st Lieutenant P . B. Nelson, and 2d C. G. Gill, both of the 2d Tennessee loot (Haskell’s regi ment) among (be killed, and in the brigade 106. of all ranks, killed or wounded. Among (he latter, the gallant brigadier genera! himselfhas a smart wound in (be arm, but not disabled, and Major R, Farqueson,2d Tennessee; Captain 11. F. Murry, 2d Lieutenant G. T. Sutherland. Ist Lieutenant W. P. Male (adjutant) all of rhe same regiment, severely, and Ist Lieutenant W. Year wood, mortally wounded. And I know, from personal obsen a ion on the ground, that Ist Lieut. FiWell, of the rifles, if not now dead, was i mortally wounded, in entering, sword in ! band, the entrenchments around the cap ! tured towe t * J Second Lieut. Derby, to pograpbical engineers, 1 also saw, at the same lime, severely wounded, and Cap tain Petten, 2d United States infantry, ■ lost bis right hand. Major Sumner, 2d U. States dragoons, was slightly wounded the day before, and Capt. Johnston, topo graphical engineers (now lieutenant col- j onel of infantry) was very severely | wounded some days eailier while reeon- : nnitering. 1 must not omit r to add that ' • . j Captain Mason and 2d Lieutenant Davis, j both of the rifles, were among the very severely wounded in storming the same | fow'er. I estimate our total loss, in killed ; and wounded, may he about 250, and that | of the enemy 350. In the pursuit towards | j Xalapa (25 miles hence)! learn we have j ! added much to the enevy’sloss in prison- i | oners, killed, and wounded. In fact, I i suppose ins retreating army to be nearly ! disorganized and t hence my baste to fol | low, in an hour or I wo, to profit by events. In Uds hurried and imperfect report I must not omit to say that Brigadier Gen. Twiggs, in passing the mountain range beyond Cerro Gordo, crowned with the tower, detached from bis division, as I suggested the day before, a strong force to carry that height, which commanded the Xalapa road at the foot; and could not fail, if carried, to cut off the w hole, or any part of the enerrly’s forfeits from a retreat in any direction. A portion of the Ist artillery, under the often-distinguish ed Brevet Colonel Childs, the 3d infantry! under Captain Alexander, the Tilt infan. try. under Lieutenant Colonel Ply niton, and the rifles, under Major Loring, all under the temporary|command of Colonel Harney, 2d dragoons, during the con finement to his bed of Brevet Brigadier General P. F. Smith, composed that de tachmenf. The style of execution, which I had the pleasure to witness, was mn>t brilliant and decisive. The brigade ascended the long and difficult slope of Cerro Gordo without shelter, and under tremendous fire ofaniilery and musketry with the utmost steadiness, reached the breastworks, drove the enemy from them, planted the colors of the Ist artillery, 2d and 7th infantry—the enemy’s flag still flying—and, after some minutes of sharp firing, finished the conquest with the bayonet. It is a most pleasing duty to say that the highest praise is due to Harney, Childs, Plymton, Loring Alexander, their gallant officers and men, for this brilliant service, independent of the gieat result which soon followed. Worth's division of regulars coming rtp at this time,he detached Brevet Lieu tenant Colonel C. F. Smith, with his light batailion, to support the assault, but not in time. The General, reaching the tower a few minutes before me, and ob serving a white flag displayed from the nearest portion of the enemy towards the batteries below, sent out Colonels Har ney and Childs to hold a parley. The surrender followed in a hour or two. Major General Patterson left a sick bed to share in the dangers and fatigues of the dav; and after the surrender went forward to command the advanced forces towards Xalapa. Brigadier General Pillow and his brigade, twice assaulted with great dar ing the enemy’s line of batteries on our left; and though without success, they contributed much to distract and dismay their immediate opponents. President Santa Anna, with Generals Canalize and Almonte, and some six or eight thousand men, escaped towards Xulapa just before Cerro Gordo was car ried, and before Twiggs’s division reach ed the national road above. I have determined to parole the prison ers—officers and men—as I have not the means of feeding them here, beyond to day, and cannot afford to detach a heavy dody of horse and loot, with wa gons, to accompany them to Vera Cruz. fmm ■■■aMjßWgttgwgqgggß mmm uwm m m I m —m » Our baggage train, though increasing, is not yet half large enough to give an as sured,progress to this army. Besides, a greater number of prisoners w ould,proba bly,escape from the escort in the long and deep sandy road, without subsistence— ten to one—that we shall find again, out of the same body of men. in the ranks op posed tons. Not one of the Vera Crux prisoners is belived to have been in the lines of Cerro Cordo. Some six of the officers,highest in rank,refuse to give their paroles, except to go to Vera Cruz, and thence, perhaps, to the United States. The small arms and their accoutre ments. being of no value to our armv here ; r or at home, I have ordered them to he destroyed; for we have not the means of transporting them. I am, also, some what embarrassed with the pieces of artillery—all bronze—which we have captured. It would take a brigade, and half the mules of this armv, to trans port them fifty miles. A field battery 1 shall take for service with the army; but the heavy metal must be collected, and left here for the present. We have our own seige train and the proper carriages with us. Being much occupied with the prison ers, and all the details of a forward movement, besides looking to the supplies which are to follow from Vera Cruz, I have time to acid no more—intending to be at Xalapa early to-morrow. We shall nog probably, again meet with serious opposition this side of Berote—certainly not,’unless delayed by the want ofthe means of transportation. 1 have the honor to remain, sir, with i hi-rfi respect, your obedient servant. WINFIELD SCO TT. P. S. I invite attention to the accom pany ing letter to President Santa Anna, taken in his carriage yesterday; also to his proclamation, issued on hearing that we had captured Vera Cruz, A:c., in which he says: *‘K the enemy advance one step more, the national indepi'n lence will he buried in the abyss of the past.” We have taken that step. W. S. I make a second postcript, to sav that ■ there is some hope, I am happy to learn, that Gen. Shields may servive Ins wounds. One of ihe principal motives for parol- I ing the prisoners of war is, to diminish | the resistance of other garrisons in our i march. W. S. i Hon. Wm. L. Marcy, Secretary of War. FURTHER FOREIGN EXTRACTS. Uinucr lo Copi. F«ibm, of the I’rigalc J amcstovvii. The citizens ofCork, on the 1 Hrli ulf., | rave a public dinner to Capt R. Forbes, I and Capt. Powell, of the U. ship ! Jamestown, as an expression of gratitude for the aid so rendered by tbcm<elves and their. follow countryman, in behalf of the suffering Irish. 'Pile dinner was served at Kilmurry’s Naval an ! .Military Hotel, Cove. A bout seven tv gentlemen sat down to the entertain ment; Dr. Maurice Power, J. P., presid ing. After the cloth was removed, let ters ofapologV were read frovri several gentlemen who were unable to attend.— i The first mast was “The Queen,” and j the second, “Prince Albert.” The j chariman then gave, ‘-The Lord Lieu | ; tenant, and Prospeiity to Old Ireland,”! which was enthusiastically cheered.— The remarks with which he accompanied it are as fol lows: If, gentlemen, we open the page of his tory and scan the actions and motives of the men who figured therein, we shall find for the most part that they have at tained an unenviable renown by ike spilling of blood, and the on the rights of tliei r country and their kind, (hear, bear.) In America alone in modern times can we look for the ex ample of pure, generous and disinterest led virtue (hear, hear.) Washington, ! after his victories, retired to his farm on the hanks of the Potomac, first having established his country on her present firm, and I trust, imperishable basis, (cheers;) and it is not too much for me to say that our honored guest oftbe evening, Capt. Forbes, has added another laurel to grace and encircle the brows of Co. lutnbia (loud cheers.) Let it not be said that I am offering the incense ol flattery, or that lam now instituting an unworthy comparison, (hear, hear ) No, for if I have read the character of great men aright, I feel that great man, if here, would acknowledge and recognize the portrait, for his heart was ever with the virtuous and the good, and though first in the mighty ranks of war, his ( Vasbing ton’s chief delight lay in the cultivation of the arts of peace, and in the practice of deeds of mercy, (hear, hear, and cheers.) To me, gentlemen, w ho have spent my youth and early days of manhood in that country, a country to which I am hound by the strongest, the holiest ties, (bear, hear.)coniiected also with a family whose name is written in the brightest page of that country’s history—he scenes of Tuesday last were of the most pleasing and gratifying description (hear, hear.) You, gentlemen, must have witnessed the enthusiasm which prevailed on the oc casion, when the good ship moved slowly and majestically across the broad expanse of our glittering wa’ers, when the tear drop of joy trembled in the eye of many —for joy, i'ke pity, melts the heart to tea rs (hear.) Yes, you must have seen the tear glistening in the eye of many a thous and whose parching tongues hailed with joy, and exclaimed with heartfelt evacua tion, “May God bless America”[cheerss) And how shall 1 speak ofthe occurrences of the night—tlie night when bonfires blazed from every hill; when a thousand lamps made the face of night look beaut i ful and brillant, whilst “Fairy like music” stole across the whispering w aters, which murmured and rippled joyfully in the beam of light, as if conscious of the pre cious burthen they bore on their brighten ed bosom (cheering. )Cap(ain Forbes, you indeed have accomplished a great and glorious mission; you have added new glorv to the land of your birth—the land of Washington and Fianklin (loud cheers.) Sir, you have erected a monu ment of your virtues more lasting than brass, for already vour name is engraved on the grateful hearts of eight millions of entliusasticand truly grateful people (loud cheers.) Ages of Irishmen yet unborn shall yet pronounce with reverence and respect your honored name, —"'■Semper honos nomenque tuum , laudesqemanebunt” (lou 1 cheers.) Gentlemen, I would here willingly bring to a close these remarks, but that I feel there is still a meed of gratitude due to Massachusetts, as also to the government of the United States, for having supplied us, the former with a cargo, the latter with a ship to bring it— Captain Forbes—it was the people of New England supplied the cargo. The Chairman—To those who know the history and character of the people of New' England, their conduct on the , present occasion, however it may excite our gratitude and admiration, cannot certainly call forth onr wonder, (hear bear.) From their first settlement in America, from the period that their pil grim fathers were driven bv persecution from their altars and homesteads to form an asylum ol liberty among the savage beasts, and the still more savage Indians, their history from that period lo the pres ent is one of self sacrifice, of ebaritv, of mercy and of love; and if, as I believe, the course of human events is directed by an Omnipotent hand, what spot so sa cred, what habitable corner oftbe globe so hallowed or filled to become the birth place of young Liberty, as that spot where Hancock and Adams received into their glowing arms the lovely and Heaven born daughter whose cradle was rocked, and where health and maturity were imparted her by the victorious achieve ments of the immortal Washington (loud cheers.) Wi;h regard to the government of the U. S. I will only say that, it in ordinary times they had placed at the j disposal of the country vessels of war, it j would be sufficient to challenge our ad- { miration (bear, hear, hear.) But when we see them engaged in a bloody and protracted struggle with an adverse power, and at the same lime placing two of iheir vessels at the disposal of native citizens to convey to us the gen erals offering of the American people, /our admiration must indeed be changed into something of wonder and amazement (hear, bear.) Acts such as these are die strongest bonds of amity and peace. Acts such as these are the safest treaties hv which nations can be bound (hear.) They are treaties formed in the swnpa tides and affections ofthe people, in the good and amiable qualities ofthe human heart, and not based, as they generally are, upon crocked policy of selfish in terests (cheers.) If the tyrants by whom the world is infasted, should ever at any period league against Ameiica and her free institutions, it will he some consola i tion lb them to know that w herever there | lives an Irishman, wherever a free heart I heats or a virtuous mind operates, that j there America will have an unfailing ! all v, an inalienable ft lend (loud cheers ) Yes, we will pray that no pestilential breath shall ever bare the fertile plains or blight her abundant crops (cheers.) That no foreign foe shall ever pollute her shores of freedom, or domestic enemv rend asunder the un : on in which site now reposes and shall continue to rep s 1 ! (cheers.) Yes, we will pray that her commerce may continue to vex every sea, and her fleets fill every harbor; whilst over her ‘happy homes ami free altars’ the star spangled banner shall continue proudly to wave through ages to come, the terror of the oppressor, and the hope of the oppressed (loud cheers.) Gentlemen, I give you the health ofonr distinguished guest, Captain Forbes, and the country of which he is so worthy a representative. [The toast was drunk with deafening acclamations, nine times nine and one cheer more.] Captain Forbes made a reply, in the course of which he gave a history of the circumstances connected with the filling out of the Jamestown, and his connexion with her as commander, and read a num ber of letters, &c., bcaiing upon the sub. ject. AUGUSTA Mi E0„ ' THURSDAY MORNING, MAY 13, 1817. % ______ {KrOenllemen wishing to subscribe for the Din ner to be given on Monday, the 17th, to the Hon. D.uiiel Webster, will please call at the Constitu* tionalistaml Chronicle <fe Sentinel offices, where they will find subscription lists open. are promised a communication for our paper, from a competent pen, which will show most conclusively the injustice which an impres sion upon the minds of a saw persons, does to Luther, the Jockey ol Columbus, in the recen trotting race. This impression is, that he attempt ed and wished to throw away the race. We are entirely satisfied, after full inquiry, that it does pross injustice to Luther, and that no such inten tion existed or was contemplated by him, or any one concerned. The whole circumstance* of the case, which will be hereafter detailed, disprove it. We state this in advance from a desire to see faHr play, to an humble individual who is dependent on his good character for his livelihood. 0“Two immense sums of money have been devised in England to persons in this country. The first is the famous Townley estate, in the division of which it is believed that the family of the I.awrences, in New York,will ultimately obtain over $25,000,000. The other is a windfall, amounting to $20,- 000,000, which is said to be inherited by a gentleman In New Castle* Maine, of the name of Jennings. The Trotting Match. We inadvertently omitted in our notice of the trotting match which came off on Tuesday, to mention the name of the opponent of Columbus, at also a recapitulation of the final result. It was at follows: Mr. T. W. Beale’s hr. h. Columbus, 12 1 .Mr. 11. Mongin’s hi. m. Dutchess, - 212 Tune—lst heat, 2.59; 2d, 2 42; 3d, 2 41. Napoleon and his Marshals. The publishers, Scrib.N'Ek & Baker, A f «K> York, have sent us through C. E. GkEnyillb, the above elegant work, in two volumes, deuodc cinm, by J. T. Headly. It is beautifully printed, with twelve fine plate* of Napoleon and his world-renowned Marshal*. The best proof of the popularity of the work i* the fact that it has reached the ninth edition.— The great admiration that it has excited in the reading public has quite alarmed some over sen sitive moralists, who apprehend that the brilliant style—the glowing enthusiasm and high w rought description which characterize the work may stimulate too highly the love of military glory. The lovers of peace fear that it may foster the spirit of war, by facinating the imagination with its thrilling sketches of battle and of siege. The t full force of the objection, however, may be re solved into this, that the author lias portrayed, with a power which renders history more in tensely exciting than romance, some of the most noted passages in the history of our race. The fear that martial heroes might have imitator*, and decoy the youthful from the quiet tastes of peace ful life, should not silence the pen oi the histo rian. Nor is it a valid objection that Ihe author, in his style of performing his task, has robbed romantic fictions of its charms to deck therewith the sober garb of history, The Hail Hoad Convention. This assembly adjourned yesterday after an in teresting session, the results of which will in duo time be given to the public. It was the occasion of bringing together many of the most respectable and intelligent citizens of our State. The report* to their body exhibit a very prosperous condition of their company. Our city has been very much en- I livened for the last two days by the presence of an unusually lar e concourse of visitors. Many left last evening in the cars, and many more return by the spec ial train of this morning. The Pic Nic of Tuesday evening was a very brilliant affair. Tho number of the fair daughters of Georgia was great er than had ever before been seen here on a «imi lar occasion. The City Hall was illuminated, and the display of lamps above the circular platform was only rivalled by the bright eyes and dazzling charms of the ladies. Nearly the whole town wn* congregated there, either as participants or spec tators of the dance. The w hole affair w ent off with considerable eclat. Dr. ISaviUon's last Lecture. the electricity of the human body. The public will perceive by it is Card, in this morning’s paper, that Dr. Boynton makes his last appearance litis evening before an Augusta audience. The subject is one of surpassing interest—the most attractive, wo think, in his course. It is of a nature lo en li-t the earnest attention of every one. and ia so simplified by the clear style and happy power of illustration of the lecturer, that tho most superficial mind cannot fail to compre hend the whole theory. Dr. B. ha» given great satisfaction to the highly intelligent audiences that, ha e each night greeted him. We hope his last evening will be equally suc cess! ul. Democratic Convention to Nominate a Cmiditlair Tor Gorcrnor, to be hfltl in -Tlillctljjcrllle, on the 4iit ITlouduy in June, IS4Y. The Milledgeville Federal Union of the 11th inst. says—“We are requested to state that in consequence of the absence of (he Chairman of the Central Committee of the Democratic party, letters addressed to him by some of its members, with reference to fixing the day for the were not received til some time after their date. Wo are also requested by several of the members of that Committee who were in this city la-t week, to say that they deem it now 100 lato to carry out the suggestion of tiie Athens Banner, and that they concur in the day heretofore designated, to wit: the 4th Mon day in June. It is of course, expected as heretofore, that each county will have the number of delegates, to which she was enti tled before the arrangement of the Senatorial districts.” Killed and Wounded at C'r.rro Gordo. The New Orleans Picayune of the 7lh instant, gives a list of the kill© 1, wounded and missing in the above battle, from which we compile the fol lowing table. The first brigade was commanded by Col. Harney, 2d Dragoons; the 2d by Brev. Col, B. Riley, 2d Infantry; and the 3d Brigade of Vol unteers, by Brig. Gen. Shields: Officers. Rank and File. K’d. WM. K’d. W’d. M'g. Ist Brigade, 8 j 28 149 I 2d Brigade, 4:1 10 42 I 3d Brigade, 17 3 48 Lt. Co. Kv. Ist Art. | 2 R« cket &. Howitzer, 1 j 1 Detachment, 11 11 I Total, l| 21 1 421 243 3 The officers wounded in the Ist Brigade were Maj. E. V. Sumner, 2d Dragoons, com’g Rifles; Capt. S. T. Mason, Rifles, severely, Ist Lt. Thos. dwell, Rifles, mortally; 2d Lt. Thos. Davis, Ri -1 fles, dangerously; 2d Lt. George McLean, Rifles; Brev. 2d Lt. Dabney 11. Maury, Rifles, severely; Brev. 2d Lt. Alfred Gibbs, Rifles, slightly; Ist Lt. N. J.T. Dana, 7th Infantry, severely. 2d Brigade. —Capt. Geo. W. Patton, 2d Infantry, severely; 2d Lieut, ("has. E. Jarvis,2d Inf., slight ly; 2d Lieut. J. N. Ward, 3d Inf., severely; 2d Lt. B. E. Bee, 3d Inf., slightly. 3d Brigade. —Brig. Gen. James Shields, U S. V. dangerously—(thought will recover); Capt. Pear son. N. Y. V. slightly; Ist Lt. Richard Murphy, 4ih Ill’s, mortally—(since dead); Ist Lt. Robert C. Scott, 4th Ill’s, severely; 2d Lt. S. J. Johnson, 4th Hi’s, dangerously; 2d Lt. Andrew Froman, 4th Ill’s, slightly; 2d Lt. Charles Mallby, 4ih Ill’s, slightly. Hail Storm. The hail storm noticed in our paper of Sunday last, as having fallen in this city on Saturday evening, was also experienced in Cobh and Chatham counties, the extreme* of the State. The Marietta Advocate says, ■ that it done considerable injury lo the crop in that section.