The Albany patriot. (Albany, Ga.) 1845-1866, March 18, 1846, Image 1

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THE ALBANY PATRIOT. •its if,To n \ fit: L V| lijljft Hi •di'h -1 :?! 1 ! VOL. L ALBANY, BAKER COUNTY, GEORGIA, MARCH 18,1816. THE ALBANY PATRIOT, n - nI isHED EVERY WEDNESDAY DORKIKn, IT NELSON TIFT & SETH N. BOUSHTON, Editors and Proprietors. TERMS. ■nVO Dollar* per annum, if paid in advance, or «w Dollar* at the end of the year. Advertisements not exceeding twelve line*, will , n *rtcd at One Dollar lor the first insertion, and cents for each continuance. Advertisements lit having the number of insertions specified, wUl Wished until forbid. Sales of Land and Negroes by Executors, Adminis- Jtorsanil Guardians, are required by law to he idvrttiscd in a public gazette, sixty days previous to iVtbv of sale. The sales of Personal Property must be advertised ,, like manner forty day*. Notice to Debtor* and Creditors of an estate must | 'i# published forty days. ‘ that application will be made to the Court ,f Odinary tor leave to sell Land and Negroes, must L puMUhcd weekly for four montli*. Monthly Advertisements,One Dollar per square | • .•etch insertion. " y .-.\ll Utter* on btt*incss must he post paid. POETRY. UICII.IRB II. CIssiilK, attorney at law, Albaby, Geobc.ia. Will practice in the Counties of Baker. Lee, Dcca-| tor, Dnuly, Smnter, Randolph and Early, of tlie s y'tisWcstern Circuit, Stewart, of the Chattaboo-1 iaef, awl Tliomas, of the Southern Circuit p- OJffer under the “ Courier■” Office, Bruad st. i. w. washes. tiios. n. Joan ax. Warren & Jordan, ATTO IS.VjE VS .IT L.l IV, | STARKV1LLE, Lee County, Georgia. ltcccuibcr 3,1345, 34 tf. Wit. K. dc GKAI'FENRIED, Attorney at Law, BLAKELY, Early County, Georgia. | Practices is the South-westeks Circuit. Nnv. 5, 30 tf. * d. m7seai*s, ATTORNEY AT LAW, EICON, Alabama. 1 Will practice in Bakeouk, Macox, Russell I aad tlic adjoining counties. I Knon, Ala., Oct. 8, 1845, 26 ly. 2L But 'iPIkLBSPs ATTORNEY AT LAW, Aleaxv, Geoegia. npril 1C. 1845. 1 tf ALEXANDER A. Al.I.KN, .irroa.vj3V.IT 1.111*, Uniiihridge, Dci-atnr County, Georgia. | July «, 1815 13 y PETER J. STJttOSUBM, ATTORNEY AT LAW, THE AMERICAN FLAG. nr t. r.uDXAx dease. When Freedom from her mountain height Unfurled her standard to the air, She tore the asure robe of night, And set the stars of glory there; ‘ She mingled with the gorgeous dye* The milky baldric of tbs skies, And stripped its pure celestial white, With streakings of the morning light; Then from his mansion in the son, Site called her eagle bearer down, And gave into Ids mighty band . The symbol of her chosen land. Majestic monarch of the cloud, Who rear’st aloft thy regal form, To hear the tempest trumping loud, And see the lightning lances driven, When stride the warriors of the storm And rolls the thnndcr drum of heaven,— Child of the Sun, to thee ’tis given, To guard the banner of the free, To liover in the sulphur smoke, To ward away the battle stroko, And bid its blending shine alar, Like rainbows on the cloud of war, The harbinger of victory. Flag of die breve, thy folds shall By, The sign of hope and triumph, nigh. Wlien speaks the signal trumpet tone, And the long line comes gleaming on, (Ere yet the life-blood warm and wet, lias dimmed the glistening bayooeO Each soldier’s eye shall brightly turn To where thy master-glories burn, And, as bis springing steps advance, Catch war and vengeance in the glance, And when the cannon moothinga loud Heave, in wild wreaths, die battle shroud. And glory,—sabres rise and fall, Like shoots of dime on midnight’s pall I Thera shall diy victor glances glow, . And cowering foes shall sink beneath Each gallant arm that strikes below Tliat lovely messenger of death. Flag of the seas, on ocean’s wave Thy stars shall glitter o’er the brave, When death, careering on die gale, Sweeps darkly round tho Jx-llicd sail, And frightened waves rush wildly' back. Before the broadside’s reeling rack; The dying wanderer of die sea Shall look at once to heaven and thee, And smile to see thy splendors fly, In triumph, o’er his closing eyes. Flag of the free heart’s only homo, By angels hands to valor given, Thy stars have lit die welkin dome, And all thy hues were born in heaven. Forever float that standard sheet! Where breathes die loe, but fall* before ns Widi Freedom’s soil beneath our I'ect, And Freedom’s banner streaming o’er us? spril 16,1845. Albasy, Geoegia. MISCELLANY. “ Good God! Where is she to be mar ried—in church T* No. At her father’s house.” My dear fellow, I—1—yes—no, yes, I have it. Have you any case coining on in cither of the courts at II o’clock 1” “Yes.” “ Then fill me up a subpoena with the bridegroom’s name. Don’t stop to ask any questions. It matters not whether he knows anything about the parties in the suit. By heavens, Julia shall be mine!” - His friend saw his object at once, and promised to carry on the matter. The subpoena was made out and placed in the bands of a clerk to serve upon the unsus pecting bridegroom the inslant he was seen lo leave his residence, and he was dispatch ed in a cab to* watch the house. About ten minutes before eleven, ns the soon-io- bc-hnppy man was about entering a coach before the door of his residence, he was served with the subpoena. “ Can’t help it,” said the clerk, in reply to his gesticulating about “not knowing the parties,” “going to lie married,” &c. “ We shun’i reach ifie Hail now In-fo e 11 —the case is the first on the calendar— won’t keep you but ten liiimties. If you don’t go, heavy fiuc, inprisomueqt for con tempt, &c. The bridegroom, who was rather of a timid nature, Dually consented, particular ly as the clerk promised to send a friend of Ills who sal in the cab, wrapped up in a lurge cloak, to ihe house ol his bride iu expectation, explaining the reasons of his absence. The reader can imagine who this person was. Eleven o’clock came, but still no bridc< groom. The guests were staring at each other—the priest began to grow impatient —and the bride that was io be, looked pale and agitated, when a carriage drove up, the bell rang, and ‘Tbete he is!’ ‘There he is!’ muttered many voices A gentle man did indeed cuter, whose appearance created almost as much astonishment as that of Edgar Rjtveuswood in the hull of Ashton Castle, at the luutriagc of Lucy Ashton, in Scoil’s “ Bride ol Laimuer moor.” The lady fainted—private capltr nations ensued between her parents and the lover—and the result was, that in ten minutes after, the two real lovers were join ed in the sacred bonds of matrimony, much to tlie satisfaction of all. The bridegroom that was to have been soon after made his appearance, putting and blowing. What lie said and what lie did, on beholding his rival, and being made acquainted with-the condition.ol utt'uirs was really iragi-couiicnl. The story ol the subpa na shortly after leaked out, and lias created so much a- innscment, that llie poor fellow declares he will sue the lawyer tor $ll>,uOU damages, in subpamaiug him as a witness in a case of which he knew noihing, and by which lie lost a wife. It will be a novel suit in deed, if he should do so. [Noah's Weekly Messenger. thousand more in lawyer’s costs and nota ry's fees. This is no fiction. It is actually tlie history of a case which occurred here a few months ago. If a negro is sold the government receives a stipend ; taxes are mid upon all boats, great and small, in the larbor, upon licences for trades and em ployments, for marriages, parties, balls; thus are the people followed through life, and when death comes, another tax is im posed, amounting linearly $|ut>, and here of course, closes the sccue of taxation in Cuba. The law is the favored profession : phy sicians are proscribed—flicy rank below—it is n favorite idea with the Spaniards “that God cures the sick and the 'physicians get the money.” They do not yet clearly sec the distinction between a surgeon and a barber 1- A dealer in drugs who confines himself lo the practice of medicine has a higher rank—he is respected fur science iu chemistry. Now you will naturally inquire how tlie people like the arrangement—whether they manifest nnv dcsiro to become a part of the great republic. Tlie creoles, that is those born on theislnnd, and they constitute tlie great majority of the people of the island, would prefer “annexation.” The govern ment and those dependent unit lor sup port and of this class is the most of those In authority, entertaining different views. This idea—the thought itself—will perpet uate the powers of the island in the hands of tho Castilians without frequent change* [PUBLISHED by BEQUEST,]: • V RULES OF PRACTICE. Ordered, That the following Rules of practice be adopted for tlie Ocmulgee Circuit: 1. Upon the peremptory call of a cause for trial, neither plaintiff nor defendant will be called by the Sheriff. 2. After a cause has keen submitted 'to the Jury, no witness will be called, or sent for, imfcra he has been subpccnaed, ahd was in the Court room when the parry fit whose instance he was subpoenaed nli- uounced his readiness for trial, and then such witness shall be held liable' for a -con tempt for his absence. 3. After a cause lias been submitted to the Jury, it will not be permitted to bu withdrawn even by’consciu of parties, un less the Court is satisfied that such with drawal is necessary to secure the ends of justice and that no*default is attributable io cither parly. 4. No continuance will be allowed for the absence of a witness unless he has been subpoenaed fire days before the silling cf Court.. • 5. No second continuance will be allow ed for the absence of a witness, when tho cause lias been continued by the same par ty for tlie absence of the same witness be fore, ttnhss an attachment shall havo been applied for against such n witness. C. No continuance w ilt be allowed for the absence of an officer of the Court, as a witness, unless he lind been subpoenaed, cr of rulers. Now when I speak of the de- „t e ., 8 taken to procure his testimony, sire of the majority of the people here to 7. Rut one continuance will be allowed be attached lothe American Union, I would not be understood us saying that they have any proper idea or appreciation of 1 lie prin ciples of our Government. They Imve an indistinct notion of greater freedom than they arc permitted lo enjoy ; but I believe they have no proper sense of the character which such a people arc required to main- lain in order to secure and perpetuate these principles. If they wero Itec to day, they would, in oilier words make themselves slaves to-morrow. The government here is a na ked unsophisticated military despotism, and unless the people can be educated, unless the rising generation enn be taught, (for the present is loo corrupt,) to understand something of the dignity of freedom and of the responsibility which rests upon those who enjoy it, they cannot be considered prepared io exercise tlie privileges of self- government. They yet require 11 strong government, and when 1 sny this, I mean that the masses are too deeply steeped in the iniquitous practices of the past, in rob bery and plunder, to lie trusted with the slightest exercise of authority. The dis cipline which in the States apply to out laws and felons really embraces the true THOMAS PINKNEY SMITH, ATTORNE Y AT LA IF, suri! 16, 1615. Aldas y, Georgia. sic OUTl- | f°* naii* tike: ear* lit- | >. n ^»* #1 el jlBtrt d,»* :m tf OB SERVING A SUBPIENA: or, LOVE VS. LAW. It is singular what shifts love will make to accomplish us object. Bolts, gates aud bars Hre of little avail against Cupid s ptek- D &. J VASON, lock connivances—bis cunning will devise VrcOItNEYa AND COUK.BUOM AT LAW, to UdJ of this city, and it was supposed the two, iu 1 due lime, would hccotne “one flesh.”— Some little quarrel, of a trivial nature, as lover’s quarrels generally are, occurred.— april 16,1845. Albaxy, Georgia. tf HENRY J. STEWART, \ T T 0 II N E Y AT LA W « Neither would confess the wrong to bo on •it 1 uiiitiJ 1 11 a aj ih * „;,i„ presents and correspondence TrOupviUe. August 13, 1845. 18 6a. tf their side—pi — . were mutually sent back—and the match was broken off. The young gentleman immediately started for New. Orleans, to enter into commercial business, thinking that distance would lessen the attachment he really fell for the young lady. When a woman is injured, or thinks she on the ap|iearancc, by consent of parties— . and none on his trial. 8. The Clerk will be required to have in Court nit papers appertaining to his office uiicnc ver called for, on pain of being fined; provided, he may deliver to the counsel en gaged, tlie original papers in a cause upon his receipting therefore, which may be de tained nut exceeding ten days; and provi ded further, that no paper shall be deliver ed from the office within ten days of tho session of Court. 9. The Clerk shall at each Court, mako out and certify the costs due each officer in each criminal cause, and for -which the county is liable, and be with the Sheriil' shall make an exhibit of the fines and for feitures received bv them respectively, and bow disbursed, which shall be entered on the minutes of the Court, and the vouchers lor-all expenditures shall be presented to 1 lie presiding Judge. 10. At the opening of each term of the Court, the Sheriff shall return the name of every juror, grand and petit, summoned, as well us those not summoned, and tho rea sons therefor. It. The returns of all Sheriffs, Consta- remedies- for the great mass of the Spanish n,| cgj Coroners, and Justices of tho Pence, population of this Isiond. Yet they nrej lo nil orders and rules, “shall be made on prosperous! “Truly the lines have.fallen un th to he taken at tlie time of making CU.UIL.ES S. OIIPiJST, Attorney at Law, Ilawliinirvillc, Ga. Will attend promptly to »ny business in tlie I j 3 injured, by the one she loves, she is more Southern ana South-western CircuiU. I than ihe mule sex lo “ bile off her own \ov. 26,1845, 33 tf. | nose,” as the saying is,_to inflict pain and — „ I be revenged on I lie offending object* A Thomas B. Bonneuy, gentleman that the young Indy once re- ,i | j A r nflV at Law « fccted renewed his proposals, and was nc- Aliorilty ttl Uttw, I copied within a week after her old lover VIENNA, Dooly County, Georgia. |, a( | embarked for the south. On reaching I Nc\v Orleans ho found that distance, in- li 'Practices in all tlie Conrts of the South-west-1 0 f weakening his attachment, only rm Circuit—Pulaski of tho Southern, and Houston ( |J e j n( jy dearer, and lie became mel- u the Flint Circuit ancholv and low spirited. The first letter ho received from New York from a friend It irtunn u g, 1 IVON lof his, announced ihtrf his old flame was to RICHARD F. OC J. L.YUiT, L s | 10rt | y married to another. Ills course ATTORXIES dr COVNSELEORSATLA W. I wag ,.„j c |s,y taken—the next morning saw ALBANY, Baker Co., Go. | him on board a packet ship bouud for Go- Corresponienee if the Boston Post. Havanka, Jan. 22,1346. What relates to Culm somehow or other -and I do not pretend lo understand, much less ex plain why—is always read with in terest by the people of the United States. Well it is a strange country, strange in the vastness of its products, for the amount of labor employed, und the stranger still in its peculiar form of government. Iuthe States, especially in the West, great complaints arc heard ugainst laxcs,state,county, town and district tuxes—but these burdens are nothing compared with the enormous ex actions here. Every thing is taxed : the bread you eat, clothes you wear, the furni ture of your house, the horse you ride, the carriage, the wheel-barrow, the ox, and ev ery thing—and taxed too, immensely.— One would suppose that the whigs of the States had acluully originated, or if not, at least fujly adopted tlie Cuba rule of politi cal economy. But notwithstanding all this, the people are prosperous and happy— prosperous in spite of their burdens. A country but little larger than New York, and with half the population of that State, including blacks, and paying in taxes year ly, directly and indirectly, an amount con siderably more than half of the current rev enues of the United States, is still prosper- I do not mean to be understood as unto us in pleasant places, and we have a goodly heritage.” How true and beauti fully true is litis of the people of Cuba— they arc happy ! . They cannot be otherwise. In spite of themselves 1 hey are prosperous—nay, more, each returnand if the return be traversed it shall be tried by n special Jury. 12. The returns of officers to money rules shall state tbe fifa's levied—the pro perty levied on—the time-sold—the aggre gate amount of sales—the expenses and they are liappv; happy in thetr profound | their character, and tlie nett amount sub ignorance of wliatevur by other jienplu tsre-1 : t . cMo distribution, and;the rule absolute, garded ns the nemn of civilization ; happy „| ia || ! ealo<cuch /i Ja and the amount paid in the depth of a chttfch hierarchy ; happy i ,} lcrt . lo> in their hopes of salvation hereafter, while |3_ The Sheriffs shall ni each term of committing the grossest acts of outintrc n- t |, R (; oim bring j n their execution dockets, gainst God and man, and Itnpphr still in 1 ,showing the disposition of every ji fa rj- snjpposing their people the most accomplish-; , ( , rnn t,| e thercu/; legal measures shall cd and enlightened on the globe, and their i | or ih\\ jih be taken to collect tbe costs of government tire very bulwark of national iluise insolvent; ol those indulged or with- endurnnre. j drawn, there shall be made a special scht- They are prosperous because their tin-,,]„!(. and luruislicd tliu Clerk, and in cvfc- nding summers taxes litem but lightly for i rv g0 | V citi case the Sheriff will be required itthcr food or clothing. Their bananas co j| ccl the costs. At each term of the- 1 I — * .1 . I! ^Tmm nl a f liril irrsvIV .6 d -1 I m ji C On t«B|H A *■* H AVE recently catered into a Partnership us ihe Practice af Law, snd will continue the pne- tiee ia the severe] Courts of the counties of Raker* slit icon, Tee; Booty, Randoluh* Iterator. Sumpter? IwlH- •Ml matter* submitted to their care in nssyot these ' Jtmties, will meet with prompt attention, and be “ought to a speedy conclusion. *t>ril 30th 1845 * J. LAW, ATTORNEY AT LAW, Uainbrldgc, Qacatw County, Georgia, Win attend punctually the Superior Courts of the foantits of Esri^nSer and Decatur, ofthc Socth- xestern, and of the County of Thonns of the °-~“- em Circa*. ” ldy9,1845, 13 v The passage unfortunately was long, and the poor fellbw chnfed and fretted so much, that the passengers began to think him deranged or else a fugitive escaping from justice. The instant the vessel touched the wharf he darted for the office of his friend the lawyer. It is to be sup posed the latter was much surprised to sec his friend, imagining him a couple of thou sand miles away. After the usual saluta tions, he exclaimed— . . .. “ Mv dedr fellow! you are just in tune to see* tlie wedding. Miss , yonr old sweetheart, is lo lie married this morning at 11 o’clock. To tell you tho truth, I donl believe there is much love about it, and that the gitl really thinks more of one hair ofyout head than of the ferttmate bride groom's wholo body.” saying that the island pays lo tho royal treasury at Mudrhl ibis iminenso sum, for every dollar which actually reaches the treasury, there is more than three dollars collected from the people. The incidental are much greater than the fixed burdens. For iuslance, such arc the judiciary regula tions that it not unfrequemly happens that *2' 1,(1011 in a single sun, are taxed as costs. This explicable machine, necessary in some form in all governments, managed here in all its intricate relations and windings, by a few adepts in the legal practice, is un doubtedly one of the mostgnevous burdens of tho people. Its criminal deportment is a perfect marvel. The complainant is bound in all cases to pay the cost of the prosecution, successful or not. Now if a crime is committed, a counting room robbed either I. _ and plantains—delicious fruits, that grow almost spontaneously every where in the island, nnd constituting their chief re liance—has made them so. The creole is g rand of his birth ; he looks ttpAn the old paniard ns nn adventurer, nnci I am told that this ignorant class get up an aristo cratic party or ball, and of course exclude cverv hotly from it who are not natives of the Island. “Soyhijode In lierra 1” ex claims the dingy, half dried creole ; and the pride involved in this be would not ex change for a throne in Antram 1 “ I am a child of this earth!” exclaimed this trn- icashed animal. Now this is the class ol men, after all, who are in favor of annexa tion, nnd by this instance you may judge of the advantages of that word when ap- pli»d to this island. Then if by any good fortune Cubashould become a part of the United States.these men woukM>e driven away by the force of civilianioriln the at mosphere of which they could no tnoic live than the monkey or onrang outangr It is said that the United States once had an indigenous or native rat, but since tlie in troduction of the Norway rat, the native lias receded, and thni he can now be found only among the Indians. So perhaps it will be with the natives here, if Yankee en terprise were once permitted tofind foothold on nnd havo control of the affairs of this Island. * * * comlI1Illt:u . „ There have been discovered in N. Zea- snv of *5,lMVt, ihe report circulate* in the land, the organic rem» ,n * '“J” 1 ’ morning; the authorities appear to the nn-i birds, that must have been fortunafe to condole with him, and to in- teen feel n> bc.ght, ami noire after the robber, the poor man is ac- responding .strength. Pio tradition exwt (trolly obliged to deny the theft and all'inffkinong the notive* « relarionroihooe knowledge of the rob&ry, for otherwise, he ( gigantic bipeds, they must have existed at would bo hold to account for perhaps five I a very remote period. Court, the Clerks and Shcritts will be re quired to settle with each other costs, on pain of being considered in contempt. 14. When land or negroes shall he sold under ji fa's from a Justices’ Court, being pointed out under the act ol 1842, othfcr like Ji fa's claiming the money need nfir. have the entry of “no other personal cslafe. sufficient to satisfy th e Ji fa,” and where n coutest arises bctw.een jija's claiming nioh- ey, a Justices’ Court fifth will be allowed to moke tbe said entity at any time, hav ing preference back to the lime at whicu th eh fa raising the money was levied. 15. When rules Jfiri are applied for m vacation against officers of Court, the party making the application, shall' cause the same to be entered by the Clerk in the minute-book, and upon the motion-docket, and upon failure to do so, the same wyl not be heard at Court. 16. All notices requiring the production of books, paper* or other writings as pro vided for in the Jndiciarv act of 1709, shall I to served as follows: If the party, notified reside in the countv where said suit is pen ding, ten days before Court; if out of raid countv and not more than one hundred miles'distant, fifteen days; if over pius hundred and less I halt two hundred miles distant, twentv days; if two hundred miles or more or bevonil the State, sixty days. Anti when it sfinll clearly and satisfactorily appear to the Court, that the parties has used due nnd proper diligence, and cannot refprind to wild notice, the caw 9haUve the term of the Court to which the origin al cause was made return able—tha names