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“WISDOM—JUSTICE—MODERATION.” VOL. II. ALBANY, BAKER COUNTY, GEORGIA, WEDNESDAY, JUNE 3, 1846. —■ NO. 8. THE ALBANY PATRIOT, i. rususaxo inn vkduiut moow, it NELSON TIFT A SETH N. B0U6HT0N, Editor* and Proprietor*. TERMS. TWO Dollar* per unin. if paid in advance, or Three Dollar, at the end of the year. AilvcrtuenrenU not exceeding twelve line., will “LOOK TO THE SENATE.” A traveller, wandering among ibe dia mond mines of Brazil, wooid be apt to throw away a piece of rock as valuless, but the experienced eye would soon dis cover under its murky surface a brilliant speck of light of dazzling hue, and he be-io^x^&£» w y e e rh racl . lbe price, ? i ii em - Fiftr cent, for each continnance. Adwtfoemenu Hereditaiy^wcahh and ancestral honors thavi not having the number of insertions specified, will be pabliMed until forbid. Hales of Und and Negroes by Executors, Adminis- tratora and Guardian., are required by law to he advertfoed in a public gazette, sixty days previous to the day of rale. The iwJe. of Personal Property anst be advertised tin like manner forty davs. Notice to Debtors and Creditors of an estate must be published fort, days. j that application will be made to the Court of Odinary for leave to sell Land and Negroes, moat be published weekly for four months. Monthly Advertisements, One Dollar per square for each insertion. I f All Letters on business must be port paid. POETRY. From the Charleston Courier. TO THE RESCUE. “ This is no time to stickle about trifles. Every moment** delay increases the danger to which our brave countrymen are exposed.”— Commercial BuU lei in, 4th of May. Awake ! sound the tocsin! for danger is nigh! The slumber of peace must be broken at last. Then up at the signal—re-echo the cry, [blast! And wide thro* the land bear the war-trumpets Hark! the foe ia upon ua—the peril it near! The Mexican comes, like s flood in its might! Now, nine is the hour “ to do and to dare!" Up freemen! up fearlessly—on to the fight! Will ye rest liere in safety, regardless of thoao Who call for assistance your rights to defend T Can ye pause for a moment while kindred blood flows, [sccnd! And the Mexican hawk on tlicir ranks may de- Will ye coldly consider, while those who have come To share in tho blessings so proudly ye boast, Still ask your protection for children and home, And all that by true men is valued the'most? Up, up Louisianians! The cry has been brought Eroin tho fair Rio Grande invoking your aid! No lessons for valor to you need be taught— Ye all know your duty; the call ban been made. 11a! hark! The loud cannon already replies! The summons “ to rally” is hastening by— Tin- music of drums on tho distant air dies, [fly! And banners unfurled thro* each crowded street On, on to the rescue! Your forefather’s fame, Embalmed in each heart, is cinhluxoncd in story ! Remember! ye all have somo kindred or name Enrolled thro* their deeds on the annals of glory! Then on Isoulslanians! again rouse tho spirit As certain to conquer as prompt to repel! Away ! with the birthright yo proudly inherit, To the rescue of Taylor—to Point Isabel. New Orleans, May 4. MOINA. MISCELLANY. ADAM AND THE CHE HUB OF PARADISE. From he desman </ Krummacher. A, Abel lay in his blood, and Adam m ar the slunglilcrt-d one aland and wept there came lIn* Cherub of Paradise to the lather of die human race, anil stood si lently by his side, mid his countenance was ■■iiiunilul mid sail. Uul Adaiu raised hi, head, and said— “1* this sf type of die race dial shall spring from tnc? mid shall ever the blood ot brethren, shed by the hand iif brethren, slain the earth?" The Cherubanswered—“Thou sny’sl!” “Ah! by wlml mime shall inen call this terrible deed ?" said Adam. Wilh a tear in his eye, the heavenly visitant answered—“War!" Then shud dered the fathei of mankind, as be sigh ed and said—“Ah! why must then the noble-hearted and the good full by the band of the unjust f” The Cherub was silent. But Adam still more sorrowful mourn ed, nnd said “Whut consolation now remains fur me, in iny lamentation (or (he blood-stained earth?'’ ' The Cheruhnnswered and said—“Thy glance towards Heaven!” He vanished. Adam stood until the sun set ; and as the stars shot up into the sky. lie stretch ed his arms upwards toward Orion ami the Wain, and exclaimed—“O ye glisten ing watchers at the portals »l Heaven! why walk ye on so silently ? If it is per* milted for mortal to hear the sound of your voice, Otellofibe silent Land above and of Abel my loved one!” Yet was it more silent than ever all a- round him, and Adam cast himself upon his face and adored ; and then rushed in his soul a gentle whisper, “Lo! Abel' rby son livtth!” Thence be went forth in trustful hope, and hissool was calm, and full of mourn- T WRONG HABITS. , h >• wrong habit to he continually fiod- ■Og fault with our ncigldmrs. It alienates friendship, destroys good feelings, and gives occasion for quartets, animosities, agd litigation,. ft is wrung habit, undone that is attend^* ed with the most serious consequences, for patents to lm always finding fault with their children. * _ R fs very wrong habit] nnd one which give to the English Senate many eminent Sc dignified members; but it is after all, a transmissible talent, which riches and ed ucation have uniformly developed and strengthened. The many self-made men who, from the most bumble beginnings, have elevated themselves to the highest rank, and are now in Congress, are char- arterislic trails in the history of ourcoun* trym-n, and show how superior nature it to artificial embellishment, and what per severance anc! indomitable energy will finally rflc.t. Look at this newspaper, said one Sen ator recently to another; see how that scamp abuses me! Well, the freedom of the press must be sustained. There is no ‘divine right’ which exempt senators from its scruti ny. Very true: but the ungrateful hound of an editor should never have attacked me. Why, sir, he came into our village n ragged fellow, nnd I bought the cloth and made him die first good suit of clothes he e\ er wore. The devil you did ! Why, then, you are a tailor? To lie sure I am. Why, how came you to he a lawyer ? Oil, that was one ol the contingencies ol getting on in the world. I was once a common soldier under Gen. Jackson du ring the Indian wars, nnd lM*sidcs that honor 1 hid fair to become a common drun kard ; and when I got hack to ourvillage I got into so many scrapes—whipped so many fellows—that I was thrown into jail for the Sheriff's fees. How did you manage to get out of that difficulty. Why, my brother finally paid the costs nnd invited me to study law with him.— You made rapid progress no doubt ? Not very rapid. The dilficulty was, that 1 Imd never learned to reud ; so 1 ducated tnysell and studied law ul the same titm—got admitted—went further west—got into practice—got into the leg islator!—got into Congress—and, cccc siguum, here I am in the Senate. That Senator is a sensible, well-inform ed, intelligent citizen, fit for tiny station. Sum Houston, Senator from Texas, is on- oilier of those rough and remarkable gems —like the rocky ami sterile surface of the Alleganies, full of mineral riches be neath. Sam was originally a carpenter in Nashville—turned out the shaving from his plum*, ami resolved to go ahead while making grooves ami uiorliscs ami nailing up posts and sashes, lie liecatuc gover nor of Tennessee, fought as a common soldier in the Indian wars, and secured by his courage, and perseverance, the lilwrty and iudc|M-mlcncc of Texes. Then*, said Gen. Jackson, having a map of Texas before him—there is Ala nm! Now, il the Mexicans separate their forces and come down this pass, and Sam can catch them under the brow of that range of hills, he’ll lick’em, and take San- ly Anny. You’ll sec. ’ Just as the old General predirted, so il lurncd out at San Jucinto. The En glish would have made Gen. Houston a duke for achieving such a victory. We see the progress ol events—Gen. Houston is in the Senate. One dnrk, stormy evening, some years ago, a little alter tea time, we were com ing down Nassau street, and on turning Fulton, came upon a tall athletic man wrapped in a blue cloak. Win* goes there ? A Irtend! It was Sam Houston. I am going by invitation l > a Hireling of clergyman, ul the comer of Ann and Nas sau streets In make a speech about the best mode of reforming the Indians. Come along Major. We did go and beard a most able and interesting discourse, showing his famili arity with the red men, and deprecating the’course pursued-lo reform them, by giviog ihem religion first, and tbeu edu cation and industry. He was practical and convincing; but they did not carry out his propositions. .This is a class of mm we find in the Senate—men not made oAFbnntf by the tailor, but fashioned by nature for persevere nee, courage and con stancy.—Noak't Messenger. more distant volunteers will be held in reserve, to bide their time, if they are wanting. We understand that offers are pouring in upon the President. Among them, that we can call to mind, is a reg iment from Pennsylvania, under Gen. Sherwood; a brigade from N. York, un der Gen. Gibbs McNeil. Offers of ser vice in various forms are made.—Union. THE SPIRIT OF THE PEOPLE. The government is “assuming (to use Mr. Madisnu’s celebrated language)the armor and the attitude demanded by the crisis.” The President antf his cabinet urc now actively engaged in organizing its military and navalTofccs under the re cent act of Congress. He is in- constant communication with bis secretaries, add in frequent consultation, night and day, with bis cabinet, In 80 days after the fiery torch is pose ed through the land, we shall have the displays hut little smdoni lo be continu- 50,000 voluoteeisoffering to take the field •Hy finding fault with oursituatioqandiTboee who live near the scene of action circumstances.. j will probably be first called out; but the A BENEVOLENT ACTION. A Paris correspondent of the Courier dcs Etats Unis relates an interesting an ecdote of Mr. M , a rich but eccentric individual iu Paris. He had retired from husinesb with a yearly income of one hundred and fifty thousand livres. He was catcful to preserve his principal un touched, hut was in the habit of spending all the interest. His ordinary expenses eie manage,! wilh method and econo my—but the amount which he disposed of in charities was quite large—and he always kept oo band a considerable sum to be expended in any emergencies which might occur, and sometimes he found no little embarrassment in getting rid of this reserved fund. Not long since he found, he had on hand one thousand crowns, which he was anx ious to dispose of. While be wa3 debat ing with himself how he should spend it, one of die chimneys ot his hotel took fire. The ularm was given—the firemen were first tailed—afterwards the chimney sweeps to sweep the other chimneys: a- mnng them was a little bright-looking Sa voyard,who, ragged, and soiled as he was with soot, gaily sung his song. Mr. M regarded him with interest. The song was nmusingand caused him to smile —and his heart was warmed towards, the little sweep. My little friend," said Mr. M. , “I think I must make you a New Year’s present.” “Manv thanks, my good Sir,” replied the Savoyard, showing two noble tiers of polished ivories, “I shall be pleased to receive it.” "You seem to he perfectly happy,” continued Mr. M , you sing in excel- nt spirits. You are of course contented wilh your condition. Yes, Sir, I am contented—hut—I should he much belter contented il l could have remained in my own country, with tnv dear mother nnd sisters.” “Anil what hinders you from return- mg ?” Oh," said tho little sweep, “it is very easy to talk al out il—hut I cannot quit the business of chimney-sweeping until I e made a fortune.” How! a fortune? how much is that ?” A great deal! No less than two thou sand francs, which I shall have to collect, sous by sous, which will require at least ten years. Y’es, ten years .roust pass be fore I shall be able to see my mother a- garn and my dear native mountains!” said the boy, while a tear glistened in his eye. You shall go lo-morroic, if you like.” saiil Mr. M Are you joking with me sir?” No—I tell you, you may leave Paris ns soon ns you like. Your fortune is made!” AVhat! my two thousand francs!” Yes and more—l will give you three thousand. Go, find your master—and bring him here. The master was found, the whole mat ter arranged, and the bright little Savoy ard, weeping with joy, and clad in his appropriate costume departed the next day for his native mountains to embrace his mother and carry happiness into her humble collage. COMPLIMENTARY. The following paragraph is copied from the London League, a paper sus tained by the Ami-Corn Law League in England: The American Free Trade Lenders.— We have the pleasure to announce the receipt by the League of a gratifying present from America.—Henry Gourdin, Esq., of Charleston, South Carolina, has pre sented to the Council (be busts of the Hon. J. C. Calhoun and Geo. McDuffie, ihe Villiers and Cnbdeo of America. These busts of the distinguished leaders of the Free Trade party in America, aud the advocates of peace, have been placed in the Council Room, surrounded by the Various portraits of their contemporary labourers in the same good cause m En gland. We hope this is the commence ment of a collection of distinguished Free Traders of all nation*. an object which took the spectators by From the Georgia Journal. surprise—a body, clothed in the sacerdo- THE SUPREME COURT, tal habit, fresh as that of a man who died This Court was in session in this place but yesterday. The color of the cpider- j the past week. Il was largely attended mis, firmness of the flesh, the hair, the! by the members of the bar, and the cates nails, all were in perfect preservation, i b*/ orc * l wo . re argued with great ability.— The flesh yields beneath the finger like Throughbe politeness of the Reporter, soft wax; the limbs have kept their sup-:‘V' kelly, Esq., we are enabled to pre- lences in.1 Per,’Lillie ifo, uJth are : • enl our readers with the decision* of the lencss aod Hexrbility, the teeth are entire, | Collrt jn ,j le cawl Brgacl t before it.— regular and white as ivory; and the very l These wiH be found below, eyes, but half closed ky^the eyelid, have The Geo. huurance Si Tout preserved a portion of their brightness. The dead man wears a cassock of pale blue silk, interwoven with threads of pure gold, and a linen gown extremely fine, and trimmed wilh lace. These gar ments worn so many hundred years, seem quite new. Round the bands clasped on the' breast, is twined a rosary- of while pearls, strung on threads of gold to which is attached a small box in the shape of a medal lion,made of a metal whose compo sition is unknown. The medallion con tains, on one of its faces, the following inscription, in characters which suggest the dale of the eleventh century :—“Otto lsnperator Parocho Irbicchiano scvlptori excellentisimo. : ' “The Emperor Ollio to the Curate of Urbach, a most excellent sculptor.” On the reverse is the figure of the Good Shepherd. Being opened, (he box was found to enclose a lidded parchment, containing letters of gold and ultramine. The ancient text is difficuli to decipher, but records that the priest in question, one of the greatest artists of his age, is the author of the wondrous sculp tures, representing scripture subjects, on the principal front of the high altar, and that the sculptured pulpit, which was the greatest ornament of the church, is from his chisel. The artist curate must have been in matters unspiritual, one of the greatest men ofhis day. The body mens ures, from the crown of the head to the sole of the foot, seven feet eleven inches, Rhenish measure. Tho feel nearly cov ered by the cossnek rest on a fidio volume of parchment, whose first leaf displays the title, Chronical Strculi XI. TRY AGAIN? From Richmond Su perior Court. Co. plds. in Error, TS Ju. S. Oliver, deft, in Error. Judgment below Affirmed. Held that a Garnishee is liable for the interest upon the debt due by him to the at tachment debtor upon a liquidated demand, when he takes no steps to pay the fund in Iris hands, or place it subject lo the order of the Court—and where such Garnishee re sists the claim ofhis creditor os in this case, he is liable lo all interest accruing upon such claim. Miller for Pl’fls. in Error. Gould, for DePt. Ifarmwm St Wright, Adin’rs, of Butt#, plfli. in Error, In Equity from Put asm Superior Court Walker, deft, in Error. • Judgment below Affirmed. Rilled that the amendatory act of the 26ih June, 1806, providing that a plaintiff in iase of non suit or discontinuance of a suit, commenced within time, may in such case renew his action (once onlv) within six inonilis thereafter, was repealed by the act of December of the same year. Cone, for plaintiffs in Error. Hnrdcmiiii, for defendant. Note.—Since the above decision of the Supreme Court was made, a gentleman from Savannah lias informed me, that in the case of Garrar & Davis vs. Arthur Gin, in the Silt Circuit Court of the United States for the District of Georgia, at the late term of that Court, Justice Wayne and Judge Nichull presiding, a similar decision was made. Cameron and others, pl'16, in Error, Johann & Pfrek, ITflh ia Error, I Auuapsit from rs. | fccriveu Supcri- Ballings!, Defendant in Error. | or Court. Judgment below Affirmed. Held that illegality of tonsideration can not be given in evidence, under the gener al issue. . .' ’’’ . , , The pica of the general issue mads It in cumbent upon the plaintiff to prove his cause of action in manner nnd form set forth in his petition, and no riiore, which was done in ibis case by the introduction in evidence of the bill or draft declared on. The Court was bound to presume that ihe coasideration was legal, nothing appearing upon the bill to ihe contrary. The defen dants then seek to aroid this contract in the hands of a bona fide holder by the proof tendered. This is wholly inadmissible.— The plaintiff if called upon lo reply to matter set up by proof which hid not been pleaded, and of-which, he could not bo presented to hnvobnd notice by ihe plea of the general issue. Lumpkin; Judge, in de livering the opinion of the court; remarked that this court will hold parlies in their pleadings strictly to the judiciary act of’99, which proves that the answer of the defen dant shall be in writing, and plainly, fully and distinctly set forth the cause of his defence. Black for Plaintiff Starnes for defendant. Lockwood, Pl’fT in Error, I Debt upon In unction vs I Bond, Morgan Supcri* Saflbtd, Def’t in Error. | or Cuurt -Judgment below Reversed. Held that the cccntual condemnation mon ey is ihe auiouul dclenmncu by the limit judgment ol the Court in ihe cause. In the case at bur, pending the injunction which enjoined certain morgugc n las, the matters in controversy -were submitted to arbitration aud an award made. Tho judgment of the Court thereupon consti tutes lire evidence of what is the eventual condemnation money iu this cause. llucsc, J. 11. Mclicnry & Cone for Plaintiff. Foster and Dawson & McHenry, for Defendant. BV «*. B. BRADBURY. MOST INTERESTING DISCOVERY. The Rhenish pa piers mention a discov ery, of very curious interest, that baa been made in recently demolishing an ancient church of Urback, which dates from (be earliest period of the middle age, and was tottering to its fall. Enclosed in the wall of the choir, whicb.-is four feer thick, has been found a marble coffin, nine fret four inches in length, and adorned with figures of relief finely executed. The opening of this poffia was a difficult task, the joints having , bgencovered .with the cement which ha* acoujred tho .hairiness of. the marble itselC It imd, accordingly; to be broken ipta from the foot, & revealed Tis a lesson you should heed, Try, try again; If at first you don’t succeed, Try, try again *, Then your courage should appear, For if you would persevorc, You will conquer, never fear, Try, try again. Once or twice though you should fail, Try, try again; If at lust you would prevail, Try, try again; If we strive, 'tis no disgrace, Though wc may not win tlio race; What should you do in that case ? Try, try again. If you fiud your task is hard, Try, try again; Time will bring you your reward, Try, try agaiu; All that other folks can do, Why, with patience, may not you ? Only keep this rule in view, Try, try again. Debt on Administration Bond from Richmond Superb Cour^ THE USE AND ABUSE OF WEALTH. Most of our readers have heard of John Jacob Astor, of New York city, the Roths child of America. Commencing wilh small means, he has pushed his adventures in (be fur trade, in real estate, and otli-» er enterprises and speculations so earnestly, so steaddy, and so successfully, that lie has accumulated wealth which is lold only by millions and tens of millions. It is sta ted in the book of (he “Rich Men of New York,” that those knowing his affairs best place it al thirty miliums. Al a moderate estimate, his income must be two millions a year, or $168,000 a monih, which is a- bout $41,500 a week, $5,760 a day, $240 an hour, and $4 00 per minute.. Sleep or awake, active or idle, this income comes pouring in with such d profusion, that room can hardly be found lo store it. And what is the benefit to John Jacob Astor ? The sunny days of bis youth and manhood are over; the elastic step, the bright eye, the flush look, the clear con ception, the energetic will are gone, leav ing neither ability lo acquire, nor Ihe power to enjoy, if ever he enjoyed. He is descri bed as an old man—a very old man—de crepit, bent-down, almost deaf and blind, seldom leaving hit room, and when a* rare intervals he bobbles into the street, suppor ted by friendly - bands, that he may enjoy -for an hour the sweet sun, whichsnine* for all'as well as for him, common pity ia mo ved by’ihe sight. Indeed, it has been sla ted, whether truly er in exaggeration we will not sny, that a poor man reduced lo starvation was rushing by with ibe purpose of terminating bis existence by plunging into the river, when the .spectacle of this aarae old millionaire changed bis purpose, thinking he ought to be reconciled to his lot, v hen he saw one whose condition was so much worse than hi* own.—Congrtgo- Honed Journal.. The Jiwlices of tlio Infra* rior Cuurt of Richmond Co. for tlic use Sic. Deft, ia Error. Judgment below Reversed. Held ilial in a suit upon an Administra tion Bond against nvo administrators and their securities jointly, alleging a joint de vastavit against Loth, a judgment recovered against ono in his representative character, and return of nulla bone on the fi fa is not admissible in evidence. Miller, for plaintiffs in Error. Gould, for defendants. Thomas, pl'S*iu Error, vs Debt (on note of Tct- Hardwick, Executor of tutor) from Hancock Su- Gilbbort, Deft, in Error, peri nr Court. Judgment below Reversed. Ruled in this case, that the removal of an Eqcctulor for misconduct pending a suit against him in his representative character, docs not relieve him from the suit. The plaintiff in such case, may proceed against such defendant executor to final trial and judgment, notwithstanding bis removal from the executorship,nr may make Ihe ad ministrator de bonis noneum teslamenlo nn- nexo a parly defendant, und proceed against him, at lus option. Note—The rights of the plaintiff in this case, accrued before the passjng of the act of 1845, upon this subject. The provis ions of which net were, therefore, not con sidered by the Court. Thomas, for plaintiff. Dawson, for defendant. From Sc riven Superior Court. baa^Bryan Si Elijah Roberta, pl'fis in Error, The Justices of tbt In ferior Court of Sc riven, Drfts. ia Error The transcript of the Record in the a- bovc cause was transmitted to, and receiv ed by the Clerk, and docketed by him be fore the meeting of this Court at the present Sleep is one of the greatest restoratives of the system. It renews the daily flow of life, recruits the. toil-worn energies so that notwithstanding our many and daily physicaltransgressions, we_generally rise fresh and vigorous in the morning,' again to pursue oiir downward way. What a blessing is sound refreshing sleep! - - A Judge in'Kentucky .has decided that a dandy n a nuisance. •: * Ilanlcc, et. at., PTffin Error, Rule againxt Sheriff, <rom burla* Superior Court. Stovall, Simmons, Si Co. De fendant* in Error. Judgment below Affirmed. Held, that u judgment (irum which an appeal is entered and allcnt aids is with drawn or dismissed,) lakes hen from ils date und not from the dale of the with drawal or dismissal, blames lor Plaintiff*. Jenkins for Defendants. Tuttle Wulton. From Richmond Superior Court. Judgment below Affirmed. Held by the Court, that a by-law of tho Insurance & Banking Company of Augus ta (an institution incorporated by act ol the Legislature with jiowcr to make by-laws for the government of tho Company, pro vided they are not repugnant to the Con stitution or laws of this Stale, prohibiting a transfer of stock by a stockholder indebted lo tho institution, was not contrary to the laws of this Slate, nor against public |iolicy, nor in restraint of trade, so us to defeat a lieu created by such stockholder’s indebted ness to tlie Company prior to tlio rendition of a judgment under which the stock uus sold und purchased Ity the Plaint ill in Er ror at Sheriff's sale with notice of such lien —though such purchaser was the judg ment creditor. That such act was valid and binding, as between tho slock-holder and Conipauv; and a purchaser al SlierifTs sole, with notice of tho lieu, only acquired such title as was in the Defendant m execution. Nisbcl, Judge, dissenting. Jenkins, for Plaintiff, Miller, for Defendant. Choice, by Guardian, Pfff In Error t Iu Equity vs J from 1’uioam Marshall, Defendant in Error. , | sSu|/r Court* Judgment bciow Reversed. Ruled that a bequest-lo A., duriug lier natural hfe, and t hen to Uu heirs of her body ... . ourt at the present U m. auh npt «o c cMc '' B n cKf^ term ; but no A,jngnmem of Errors was filed nud vu(l A ., the Mmolutc estate, in the Clerk’s office, either on or before the Grsl day of the Term, in conformity wilh the XXIII Rule of this Court. Iu fact, neither of the Plaintiffs iu Error, nor their Attorney of Record has been in attendance upon the Court during the term, and the request to counsel here to represent the plaintiff in Error, did not reach him until the second day of the Terra, when an As signment of Error was prepared sad lender- ed to the opporing counspl. Starnes for defendants in Error, refused to join issue, and now moves tlie Court to dismiss the case under tlie above Rule— whereupon tlie.Court sustained the motion, and the case was accordingly dismissed, and stricken from the docket. Broughton, FFIE ia Error, I, . _ V* I Covenant front Greene Badget, Deft, iu Error, t Superior Court Judgment below Reversed. Held that a bill of sale in a sh vc con taining warranty of soundness, cannot be transferred by Indorsement so n* to vest m the transferee the right to w« m bis ovtn name ona breach of thb .warriinijr. The ast of *99 respecting the negotiabil ity of Bonds, and othor specialities, arid promissory note* and other liquidated de mands, whether for money or other trim*, (Prince 426.) by indorsement, ha* no ap plication to bill* of sale or otherconveySn- ees with or without warranty, but mbit ap ply (o such instruments Only as are intend- to secure the payment of a demand either ia money of'WKar thinsul'iquldetedf A- greed off and tattled by iKa partita to it. Jjkwao* 4,MeHeary, for planuif!. Cone for defendant. a., me at under the laws of Georgia.' Cone, for Plaintiff, Wales, Sl Dnweotrfif McIIcnrv for DcPt. The Justices of tho Inferior Court of Morno county for the me Sic., I*ffl* ia Error, Del# on Guardiau’s Bessie, from Morgan Superior Court. ■ Wiliam Wood, cr.d John Va»n, Def’s in Error. . Judgment below' W/krwteiLM| Held that the Cmuidf Ordinary couhl laot discharge a ucctu*P&>tn past, but only fotuF& liability. That new securities, to a Guardian s llynd, arc bound for ail his lia- * btlittes, both past and future. That ip make the first eecuritfds liable . on their b6ad,'tb(!‘plaintiff must cslobtish affirmatively waste, oj- maf-odminislration; by the guardian prior lo the discharges That the bar* reception of the money or effects of tho Wnnl by.the Guardian, prior to the discharge, is uol sufficient in jGiw to render the security liable. ; —A gentleman, who split lo ua for a num ber ol copies of tlie Journal, for S or 9 years himself ami been upon the dietetic role they have made free ust* oi t 1 ’ling, and that, by, o thr* free use of watt- externally, they have, not, -“’out a shilling Inr * greatest good t« be