Newspaper Page Text
i>'ron the Independent Monitor, June 30.
litigated cases,
Decided by the Supreme Court of Alabama.
at its present session, not heretofore pub
lished :
David Walker vs. Hugh Q. Barclay. —
hrror to the Circuit Court of Talladega.—
C ollier C. J. delivered the opinion of the court,
deciding.
Interest on a note executed in one State,
and payable in another, shall be computed ac
cording to the rate fixed by law in the State in
which it is made payable.
Judgment reversed and cause remanded’
James 11. Witherspoon is. Daoid Wallis el
al. E rror to the Circuit Court of Lauderdale.
Goldlhwaite, J. delivered the opinion of the
Court deciding.
1. When a steamboat or other craft is pro
ceeded against according to the course of the
admiralty, to enforce a hen under the act of
1836, (Aikin's Digest, ‘Jd El. 604) the enter
ing into the stipulation to perform the decree,
which by the statute discharges the lien, does
not make the stipulators parties to the suit.
2. According to the course of admiralty
practice, exceptions are never allowed, unless
tiiey are taxed in specific allegations.
,‘J. Where no claim is interposed, a decree of
condemnation is a matter of course, and if a
stipulation is entered into, under the statute, a
judgment is rendered against the stipulators
according to the condition of their stipulation.
And they will not be permitted to inquire into
the correctness of the deer e of condemna
tion, except so far as it may be necessary to
correct any error in the judgment against them
as stipulators.
Judgment of the Circuit Court reversed,
with instructions to affirm that of the county
Court.
Hopkins for plaintiff in error. Cooper con- j
tra.
Riley Jones is. George Rues. —Error to the ;
Circuit Court of Greene county. Goldth- i
waite, J. delivered the opinion of the Court, 1
deciding.
1. The expurgatory oath required by sta-1
tute (Atkin's Digest. 137) to be taken
by the defendant before the plaintiff can be |
required to prove the execution of a written
instrument, it being the foundation of tin suit,-
only revives the common law so far as to affect
the particular case, and does not. impose on the
plaintiff the necessity of proving his case
more fully than required by the common law.
2. When a note is executed by one partne •
during the existence of the firm, its effect
prinia facie is to bind all the members, and this
prima lacic intendment is not done away by
a plea that the note Was executed by one of
the partners for his sole and individual debt.
The onus of proof of the consideration of a
promissory note cannot he thrown on the
plaintiff'by any mode of pleading.
Judgment of the court below reversed, aild
cause remanded. Jones lor plaintifi'in errior;
J. 11. Ciark, contra.
Bier lie )• McMahon ts. The Steamboat
‘l'riumjih. —Appeal from the Circuit Court of
•Sumter coun y. Goldtwaithe, J. delivered the
opinion of the Court; deciding.
1. The omission to issue and serve a writ of
monition on a suit commenced to enforce a lien
against a steam boat, is not a sufficient cause,
according ;o course ol admiralty practice, to ‘
dismiss the libel. I
2. When no monition is issued ; or if one
is issued, and its service is irregular or defec
five, it is entirely competent, for the court to
make such order as will effectually protect the
interests of those who are not before it.
In the absence of any rules of court direc
tang the practice, it is probable that the mere
takingot the steam-boat into the possession
hi tire executing officer of (lie court, ought to
be considered as notice to all the world, as the
jurisd etioh over the boat commences with its
seizure.
4. When a bond is taken by the sheriff, con
ditioned to deliver the steam-boat seized, it
judgment of condemnation shall be given and
execution issue ; this is not. a compliance with
the statute, nor is the lien upon the boat dis
charged. The court may, notwithstanding;
proceed to condemnation of the boat and order
its sale.
Judgment of the court below reversed, and
case remanded with instructions to proceed
on the judgment condemning the boat for the
plaiiitittj-s lihii. Bliss for the appellants;
Steele and Jones contra.
Tliorrfis Foard vs. Win. E. Johnson.-—Writ o*
Error to the County Court of Sumter
County.
1. ‘i'he dite of a bill is not conclusive as to
the residence of the drawer. By giving local
?iy to th£’ act of drawing a bill, the drawer
merely admits that he is at that place at that
tune, but certainly not that he will be there at
the maturity of the bill.
2. Residence is a question of fact, to as
Certain which the drawer of the bill should
Use reasonable’ diligence, without success,’
before service of notice will be dispensed
with.
This was an action assumpsit brought by the
defendant in error in the county court ot Sum-
t A r, upon a bill of exchange ot two thousand
t\Vo hundred and nineteen dollars and forty
Cents,’ drawn by the’ plaintiff’at Mobi’c on the
January, 1837; iir favor of Joseph Bates,
jr. on Ja’s F. Roberts. The plaintiff below
Claims title to the bill a§ an endorsee.
The cause was tried on the general issue.—
At the trial, the presiding Judge sealed a bill
of exceptions at the instance’of the defendant
below. The only evidence offered on the part
Os the plaintift'belou, w as the bill of exchange
declared on. a protest thereof tor non-payment
together with notice of the’non-payment and
protest, which it was shown was deposited in
the post office at Mobile, addressed to tic de
fendant at that city. It was then proved on
the part of the defendant that he resided in
the count v of Sumter when the bill was drawn
and had ever since continued to reside there.
Mo other evidence was offered on cither side.
The defendant by his counsel then moved the
court to charge the jury, that the notice of
non payin’ nt deposited in the post office at. Mo
bile, was insufficient, and tint no notice of
protest to the defendant had been proved;
which ciiaiire the court refused to give ; and
thereupon the defendant excepted.
The jury found a verdict for the plaintiff,
and judgment being thereon rendered, the
defendant prosecuted a writ of error to this
Court.
Boyd, for the plaintiff in error.
J. il. Clark, lor the defendant.
Collier, C. J- The only question raised at
the argument was this; —where a bill is dated
at. a particular place, can the drawer he charg
odbv a notice of non-payment addressed to him
and deposited in the jwst office at that place,
although it appear that he did at the time the
bill was made and has ever since resided else
where, much nearer other post offices, than
that in which the notice was deposited ?
In the case of McGrew vs. Toulmin -2 Stew
art & Porter’s Reports, 439, Judge Taylor
held, that it was not sufficient to look for the
drawer at the place the hill was dated, it Ins
residence be elsewhere. Drafts are often in
the course of trade, drawn in one place, by
persons who are known by all the parties to
them, to live in another. To sustain his con
clusion, the learned Judge cited Fisher vs.
Evans. 5 15 nary's Rep. 511, which is a case
(directly in jH>int.
Rat it has been insisted in argument that
U Kn this point, M Grew vs Toulmin is over
ruled bv Robins-.i 1 &> Davenport vs Hamilton,
4 Stew” & For. Rep- 91. In that case the bill
was drawn at ‘ W igufoisvilfo. It was proved,
that it maturity it bid bra re s o 1 arly protest
ed for noD-piviHJnt. and a no*tea thereof, di
rected to the drawer at ~\Y T griusville,” de
posited in the post oti *e a’ Mobile. There
was no evidence that the pi i Tiffs knew of the
drawer's residence, or woe ter there was a
post office at Wiggmsvtile. The circuit court
charged the jury, tint th? pi imtiffi had not
used due diligence, unless they believed that
there existed a post office at Wigginsville; or
that the defendant had in fact received notice.
Judgment being rendered for the defendant,
the plaintiffs brought their case into this court.
Lipscomb, C. J. in delivering the opinion of
the Court, said “The drawer of the bill had
designated his place of residence as VViggins
ville. It was in his power to have given it a
more particular description ; his failing to do
so in all probability misled the plaintiffs. They
may well have inferred from the description
given, that, the place was of sufficient notorie
ty to dispense with any other.
“If the makers place of residence was not
j known to the bolder, and he could not ascer
tain it by using reasonable diligence, it would
relieve him from the necessity of giving, no
i tice. We are therefore of opinion that the
notice was sufficient, unless the knowledge
had been brought home to the holder of the
: bill, that there was no post office kept at “YVig
■ ginsville,” or that the maker resided at or near
a jKist office.”
The court supposed Ist. That the place
where a bill was dated, was to be regarded as
I the drawers residence. 2d. And that a notice
; addressed to him at that place, by mail, was
sufficient, unless the holder knew that there
was no post office there, or that the maker re
sided at or near a post office.
True, it has been held, that where the
drawer dates his bill generally, as “Manches
> ter,” that a notice addressed to him equally
I general, sufficed. Mann vs Ross* Ryi. &
Mood. Rep. 249. But the question in that
| case was, not whether the place where the bill
| was dated, indicated the drawers residence so
j conclusively, as to make a notice sent there
sufficient, but it was, as to the generality ot
the direction of the notice, or whether the
street and number of the drawers residence
in a city as large as “Manchester,” should not
have constituted a part of the drawers ad
dress.
In Chapman vs. Lipscomb, 1 Johns. Rep.
, 291, the bill-was drawn and dated at N. York,
j but the drawers resided at Petersburg ; and
i llie question was whether notice should not
! have been sent to the latter place. There
| was no evidence that the holder knew that the
j defendants resided there ; he made inquiry at
.the Banks and elsewhere, and being informed
that the drawers resided at Norfolk, he sent a
i notice hy mail to them at that place, and ano
ther addressed to them at Ngw York. This
was held sufficient. The court cited this
case to sustain their opinion in Robinson &
Davenport Vs Hamilton; but it will be seen
j that it is very disimilar both in its facts and
: principles on which it rests. It the place
j where the bill was dated, was to be regarded
; as the drawer’s residence, a notice sent to N.
I York would have been considered sufficient
i without proof that the holder had made inquiry
I upon that subject; but the holder was only
I excused from giving due notice; upon the
ground 1 hat after employing reasonable dili-
I genre, he could not ascertain where the draw
ers resided. Such an excuse is always avail
able. Cliitty on bills 486 et post arid cases
cited, 9 Am. ed. Williams vs the Bank of
the United States,2 Peters Rep. 96. Galphin
vs 1 lard, 3 McCord Rep. 394. Preston vs.
Dajftou et al 7 Lou. Rep. 7.
The most thorough examination has not fur-
I n.shed us any other case than that cited from
j 4 Stew. & Por. ltep. in which the place where
•a bill is dated is regarded such evidence of the
drawer’s residence as to relieve the holder of
the bill from the necessity of inquiry on the
subject; and upon principle it cannot be so
considered. By giving locality to the act of
drawing a bill, the drawer merely admits that
he is at that piace at that time, but certainly,
not that he will be there at the maturity of
the bill. The right of locomotion is accorded
to all; and none exercise it more frequently
than those engaged in commerce.
It was then incumbent upon the holder of
the bill in question, if ignorant of the drawer’s
place of residence to have made diligent in- j
<1 uiry to ascertain it; and when, ascertained, |
there to have sent the notice. As this course j
was not pursued, the county court erred in its j
refusal to ins’ruct the jury as prayed; its j
judgment is consequently reversed; and the ;
cause remanded.
From the Savannah Republican.
FROM FLORIDA.
We are indebted to an esteemed friend and ■
valued correspondent for the following inter
esting letter received yesterday by the arrival
of the U. S. steamer Beaufort , Capt. Peck,’
from Piiatka.
Too much praise cannot be awarded Colo
nel Worth for his efforts, nor to our gallant
little army for its devotion and enthusiasm.—
Great confidence is felt in Col. Worth, and we
have seen letters from all quarters, expressing
the belief that he will soon close the War. It
is too much perhaps to expect it during this
sickly season,, but in the course of the ensu
suing winter, we are sure the hope will be ful
filled.
FLORIDA, 28th June, 1841.
Gentleman.—lt is with pleasure I inform
you that llalleck Tustenugger is in a fair way
to he taken. That Chief, if he do not exercise
more than his usual craftiness, cannot avoid
coming into collision with some of the numer
ous columns now operating in the Vicinity of
his mystic retreats.
“ The war which for a space did fail/
Now trebiv thunders on ihe gale.
And llalleck’ is the cry.”
You are aware that the camp of the redoubt
able bandit was recently explored by Col.
Worth without avail. llalleck having chang
ed his pSice of residence for one more in ac
cordance with his ideas ot quietude and safety.
This successful “ ruse de guerre” so far from
disheartening our gallant commanded, only
has caused him to exhibit such prools of char
acter as Validate the opinion previously formed
of his untiring energies. Although the rainy
season Ins commenced, orders have been is
sued for a grand move of the troops from all
of the principal posts in East Florida, to take
place about the 24th inst. An expedition of
boats proceeds up the Ocklawaha,. The
troops of the 2d Infantry from Fort llolines,
Fort Russell and Fort King, make a simulta
neous move towards the head waters of the
Ocklawaha under that thorough bred soldier,
Lieut. Col. Riley. l.ieuK Col. Clarke moves
’ at the same time from Tampa with the Bth In
fantry. Also Lieut, Col. Loomis with the 6th
I Infantry. Capt. Beall with his own troop, one
company of the Bth Infantry, mounted, under
Lieut. Lincoln, and a detachment of the same
| under Lieut. Harvre, march the same date
from Fort King to Fort Dade —thence down
the Withlacoochee to Fort Cooper. An expe
dition of boats operates in the Charle-hopka.
It is expected that the scout will be absent for
| twenty days, during which - the whole region
inhabited by the braves of llalleck Tustenug
| gee will be thoroughly examined.
| Although sickness has prevailed fearfully
among a portion of the troops, vet the remain
der are in high spirits. Cos! Worth has never
! passed a summer in Florida, but has escaped j
so far the disease of the climate. Passing by
one of our posts the other day, it was observed
that this chivalric commander was the only
mounted officer visible, the whole of his staff)
with whom he started from Piiatka being sick j
:in the wagons. But in spite ot sickness. Col.
Worth is determined to do all for Florida
which man can do. He allows no obstacle to
| impede his movements, Wearied by physical
| and mental fatigue, he takes his seat upon the
grass beside his brother officers, speaks to
them of their friends and connexions in a dis
tant land, and should he touch some string of
private sympathy, holds out the hope of better
times. Yet his orders are prompt and decisive
avoiding no exposure himself, he is strict
almost to “severity in his requirements from
others.
Should he be unsucessful in his present at
tempt to surround that most warlike Chief,
Halleck Tustenuggee. it is to be hoped
that some credit at least may be awarded
him for his endeavors to operate during the
sickly season; and perhaps it would not be
asking too much, that some share of praise
be bestowed upon the efforts of that little ar
ray under him, whose unshrinking firmness
and unparalleled sufferings, have been rewar
ded too frequently with jokes and jibes from
those very individuals for whose defence its
columns were rallied.
Yours respetfully, B.
From the Augusta Constitutionalist.
NATIONAL BANK.
We made the remark in our last paper, that
though the whigs had a majority of more
than 45 in the House of Representatives, the
passage of the national bank bill through
that branch of Congress was doubtful, and
ihat many of those members had already ex
pressed themselves opposed to such an insti
tution in any form. In support of our remark
we gave an extract from a speech delivered
last year by Mr. Nesbit, in which he declares
! the charter ofa national bank to be unconstitu
tional in any and all its forms. We then ex
pressed the opinion that Mr. Clay could not
depend on the vote of Mr. Nesbit for the pas
sage of his bill in the House, should it pass
| through the Senate. Besides Mr. Nesbit,
; there is another representative in Congress
from Georgia, who has expressed, by his
votes, a decided hostility to a national bank, as
j “unconstitutional,” “inexpedient,” “and dan
gerous to the liberties of the people and the
Estates.” This representative is Mr. Thomas
Butler King, on whose vote Mr. Clay cannot
depend for the passage of the bank bill in
the House.
Mr. King was elected a senator to the leg
islature ol Georgia in October, 1838, and at
the same time elected one of the representa
tives of the stale in Congress, but liis term
commencing on the 4ih ot March following.
At the beginning of the session of the legisla
ture, on the 6th of November, Gen. Echols of
Walton, introduced a pieamble and resolu
tions in favour of an Independant Treasury
and against a national hank. On the 12th ot
December, the resolutions of Gen. Echols were
taken up, as well as the substitutes which had
been ollenl for them. Coi. Lawson, ol’Burke,
had offered one of the substitutes; Mr. Alex
ander, of Meriwether, had also offered asub-
Istitute. We shall not enter into a detail of
|th 6 proceedings upon the subject: we shall
merely confine ourselves to the votes taken,
! whieli show and express the opinion of Mr.
King, in regard to a national bank.
On the 12ih ol December, 1833, on the
; question to agree to Mr. Alexander’s snhsti-
I lute, the yeas were 13, the nays 50; among
1 ilie yeas the name of Mr. King is to be found
land the first lesolution of Mr. Alexander’s
substitute was as lollows:
Resolved, Stc. That a bank of the United
States is unconstitutional, inexpedient, subver
sive of the rights of the stales, and dangerous
to the interesis of the south and our Senators
ni Congress he instructed, and mir representa
tives be requested, to oppose, hy a'l proper
means, the incorporation of such an institu
tion.”
Mr. King voted for this resolution as si na
tor in the legislature of Georgia, and while a
member elect of Congress.
On the 15th of December the resolutions
respecting the sub-treasurv, fictional bank,
were taken up. The resolutions offered
bv Col. Lawson of Burke, being under consid
eration. The second of these resolutions was
as follows:
‘Resolved, That the establishment ofa
Federal Bank in any form,
inexpedient, and dangerous to the liberties of
lhe people.”
After some proceedings on the first resolu
tion, that 2d resolution was read. Mr. Mil
ler moved to strike out the word “unconstitq
tionnl.” The yeas were 12, the nays 68,
Mr. King among the nays.
.Mr. Miller moved to strike out the word
“inexoedient.” Toe yeas were 13, nays 65,
Mr. King among the nays.
Mr. Miller moved to strike out the words
“and dangerous to the liberties of the people.”
The yeas were 17, the nays 59, Mr* King
among the nays.
Mr. Calhoun moved to add to ti e said 2 1
resolution the words, “and to the rights ot the
states,” which was agreed to.
So Mr. King actually voted for the follow
ing resolu lion. ~,
“Resolved. That the establishment of a
Federal Bank in any form, is unconstitutional,
inexpedient, and dangerous to the liberties of
the people, and the rights of the states.”
Can Mr. Clay count on"Mr Nesbit and
Mr. King fir their votes in favour ofhis na
tional bank ?•
Criminal Statistics. —A late English
paper, now before us, contains some curious
and interesting statistical facts, showing the
influence of education in preventing crime.—
It appears by the official returns of the trade,
occupations and degrees of education, ot
70,717 individuals taken into custody in Lon
don and its environs during the year 1~40,
that those who could neither read nor write
amounted to 23,938 ; those who could read
onlv, or read and write imperfectly, .17,551 ;
those who could read and write wall, 8,121 ;
and those of superior instruction, 1,107.
The aggregate of 70,717, was thus divided
as regards trade and occupa ion. Laborers
generally 18,105/ artisans 123, bakers 141,
bookbinders 218, bricklayers 90S, brassfoun
ders 287, brokers 91, brushmakers 140, butch
ers 754, buttonrtfakers 10, carpenters 1523,
clerks 405. coach and cabmen 1319, coach
makers 273, corkcutters 92, curriers 151,
cutlers 159, drapers 138, dyers 220, engineers
101, fishmongers 202,’ French polishers 709,
gardeners 523, glassmakers 155, goldbeaters
89, greengrocers 85, grocers 247/hairdressers
142, halters 190, jewellers 178, lawyers 29/
laundresses 1040, medical men 72, milliners
1091, musicians 09, painters 1111, paperstain
ers 431, pawnbrokers 71, printers 509, sailors
1031, sawyers 246, saddlers, &,c. 181, ser
vants 2563, shopkeepers 107, shoemakers
1967, smiths 1143, soldiers 401, sweeps 300,
tailors 2043, tinkers and tinmen 418, toolma
kers 53, watchmakers 203, watermen 290,
weavers 740, and persons professing no dis
tinct trade or occupation, male and female as
above, amounted to 25,220.
The above statements clearly establish the
truth of the old adage that “idleness and ig
norance are the parents of many vices.”—N.
Y. Times.
Commerce ot the West. —Within the last
twenty-four hours, says the Buffalo Commer
cial Advertiser, of the 22d ult., the wind has
brought a large number of vessels to our har
bor, with the following aggregate of articles:
17,537 bbls. flour, 25,638 bush, wheat, 435,-
590 staves, 292,000 feet lumber, 1,097 bbls.
pork, 289 tons iron, 120 bbls. ashes, 202 casks
hams, 68 kegs lard, 249 do. butter, 67 bbls.
beaus, 5 do. eggs, 713 bush, corn, 2,639
brooms, 163 hides”, 34 bbls. gin, 2 do. brandy,
191 do. whiskey, 7550 bush, oats, 3 bbls. wax,
11 rolls leather, 10 sacks wool, 20 do. feathers
and 11 hhds tobacco.
Education in Cuba. —The Governor of
Cuba hasordered the immediate erection ot
Sunday Ochoolo ia Havana, where the chil
dren of all classes may be educated free ot
expense. The law is a liberal one, and ac
complishes the object completely. The Lan
casterian system of teachine is to be adopted.
Governor Valdez, in taking this important step,
will earn for himself an enviable fame, and leave
behind him seeds that will germinate and spring
up into vigorous plants, bearing precious and
good fruit.—X. Y. Times.
The tobacco exported from the United
States in the year ending 30lh September,
1840, was 119,491 hhds., the estimated value
of which was $9,884,907.
EXCHANGE & BANK NOTE TABLE
CORRECTED IT NORTON & I.ISODOX.
EXCHANGE.
Bills on New York at sight, 15 per cent prem.
Bills on Baltimore, 13 “
Bills on Richmond, 13 •*
Bills on Mobile, 3 “
Bills on Savannah, 10 “
Bills on Charleston, 13 “
Bills on Philadelphia, 10 “
Specie, 1J
CURRENT NOTEB.
All the Banks in Columbus,
Central Bank of Georgia,
Ruckersvjlle Bauking Cos.
Georgia R. R. and Banking Company at Alhens
Georgia.
SPECIE PAYING BANKS.
Insurance Bank of Columbus at Macon.
Commercial Bank at Macon.
Bank of State of Georgia and Branches.
Bank of Augusta,
Western Bank of Georgia, at Rome, aud Branches
at Columbus.
Bank of St. Mary’s
Bank of Milledgeville.
Augusta Insurance and Banking Company.
Bank of Brunswick and Branch at Augusta.
Mechanics’ Bank of Augusla.
Marine and Fire Insurance Bank of Savannah and
Branch at Macon.
Branch of the Georgia Rail Road at Augusta.
Plm ers’ Bank in Savannah.
Farmers’ Bank of the Chattahoochee.
Ocuiulgee Bank at Macon,
Alab. ma Banks, 2 pr
South Carolina Bank Notes, 10 a 12 prem.
Specie navin” Bank Notes, 10 per cent premium.
UNCURRENT BANK NOTES.
Bank of Darien and Branches, 25 per cent discount.
Chattahoochee R, R. & Banking Company, 60 to
70 per cent. dis.
Monroe R. It. Sc B’g Cos.
at Macnn, 40 do.
Bank of Hawkinsville, 10 do.
Life Ins. and Trust Cos. 40 do.
Union Bank of Florida, 50 do.
Bank of Pensacola, do.
New Orleans, July 3.
Present prices of SUGAR, COT TON, and WES
TERN PRODUCE, compared with those current
at the same period last season, in N. Orleans.
1841. , 1840.
Sugar, La lb— 41 a — bj— 5a
Cotton, La & Mi. id— SJ u —l 4 1 — sja—llj
Tobacco lb 3J a — 9i — 2ja —9|
Flour bbl 4 12£ a-4 20 3 75 a
Corn bush— 45 a—46 —■ 42 a —43
Oats bush i— 38 a—4o —3B a —4O
Pork, Clear ... bb 11 50 a— —a
Pork, Mess . . . bb!i 10 00 a 16 00 a
Pork, Prime . . .bb 8 00 a 12 50 a
Bacon, Hams . . .lb— 6a — 7 8 a— 10
Bacon, Sides .. . ‘b|— 6a — 61— 7\a S
Bacon, Shoulders .ll 2J a — 3 6ja
Lard lb— 5 a —sj 9a— 11
Whiskey, rec. . .gal— 19 a —2o —25 a
Whiskey, coin. . gall a a
COLUMBUS PRICES CURRE NT.
CORRECTED WEEKLY BY HIRAM YOUNG & CO.
Baooi.vo—Kentucky, yd 00 a 28
Indian, : : : “ SO a 35
Inverness, : : “ 00 a 25
American Tow, : : “ 00 a 00
Bale Rohe, : : : lb 12j a 14
Bacon—Ha. s, : : “ 7 a (.9
Sides, : : : “ 07 a 8
Shoulders, : : “ 00 a 10
Beef—Mess, : : bbl 00 a 00
Prime, : : : “ 00 a 00
Butter—Goshen, : lb 25 a 37j
Western, : : : “ 15 a 20
Candles—Sperm, : “ 50 a- 00
Tallow, : : : “ 00 a 18
Castings, : : : “ 6 a 7
Cheese—Northern, : “ 12 a 15
Cotton, . : : “ 8j a 10|
Coffee—Havana green, “ 00 a 15?
Kio, : : : : “ 00 a 16
Fish—Mackerel No. 1, bbl 00 u 00
“ “ 2, : “ 00 a 00
“ “ 3 , : “ 00 a 00
Herrings, : : ; box 00 a2 00
Fi.oUr—Northern, bbl 00 a 8
Western, : i : “ 7 00 a 7 50
Country, : : “ 600a 700
Grain—Corn, : bti 00 a 50
Wheat, : : : “ 00 a 7o
Gunpowder, : : keg 700 a8 00
Hides, : : : Id 7 u 8
Iron, 07 a 8
Lard, : : : : “ 00 a 12
Peas, : : : : bu 00 a 75
Raisins, : : : box 300 a4 00
Lime, : 1 : cask’ 00 a 5 00
Molasses—N. O. : gal 35 a 37
Nails, : : : : lb 8 a 9
Pork, —Mess, : bbl 00 a <0
Prime, ; • lb OP a 00
Rice, : : t s, “ 00 a 06
Pt.pper, : : J “ 12 a 15
Spirits—Brandy, Cog. gal 1 75 a 2 50
Peach, t. i-. 1 00. a 1 ‘25
Apple, i : l “ ,00 a 70
Gin —Holland, : t “ 1 50 a 1 75
Domestic, : . : “ .45 a 50
Rum—Jamaica, T 75 a 2 00
Domestic, : : “ 00 a 45
Wiiiskey—lrish, : “ Ola 4 00
Monongahela, : : “ 8-7 a 1 00
New Orleans, : : “ 35 a 40
Sug \ r.—New Orleans, lb 08 a 10
St. Croix, : : : “ 12 a 13
Loaf, . : : *‘ 18 a 25
Salt, : : : : sack 00 a2 50
Soap, lb 8 a 10
Shot, : : : : “ 00 a 12
DIED,
Recently at Cincinnati, Ohio, R. J. WADE, Esq;
tormerly of this city. , ,
Mr. Wade was long and favorably known to our
citizens for his many noble and companionable quali
ties, and his death is matter ofdeepregret to the on.ire
circle of his friends.—^Enquirer.
In this City, on Tuesday,GEOßGE B. son ofJ.
H. and Elizabeth Andrews, aged one year, 1 month',
and 21 days.
Obituary.— lt is with the deepest emotions
of regret, that we announce the death of our
friend and fellow-citizen, the Hon. Jesse F.
Cleveland, late a member of Congress from
this State, and for many years, a Senator in
the State Legislature.
Asa representative of the people, both in
the councils of the State and Nation, he has
rendered them good and faithful service.—
With a devotion to their interests, that looked
above .all other considerations, and a firmness
and independence,'that compromised nothing,
and yielded to nothing hut the right; his name
ranks high on the list of those, who have done
honor to Georgia.
Asa private citizen, he was a model of all
that exalts and embellishes civilized life, and
carries with him to the grave, the keen regrets
of thousands,- and tens of thousands, who bear
living testimony to his worth, as a man and a
patriot.—Standard of Union, July 2.
EDUCATION.
5MB"II. F. A. HALLAIJR, respectfully informs
It B the citizens of Columbus and its vicinity, tha.
he will open an English and Classical School at ihe
upper end of itie City, near Mr, YViley Jones’ dwel
ling house, commencing on Monday the 12lh inst. at
the annexed prices for a session of 12 weeks.
I. The Lat n and Greek Classics, the Read
ing and Speaking of the French, Spanish,
Italian and German Languages, A'gebra,
Geometrv, Natural Philosophy. fitc. 00
2d. Reading, Writing. Composition, Arithme
tic, Geography, English Grammar, 8 00
No deduction from the prices will be made for ab
sence from Schooly except in case of sickness of more
than two weeks. No withdrawal front School during
the session allowed unless paid lor tilt whole time
Tuition considered due at the middle of tire session.
Columbus, July 9 22 3t
NOTICE.
THE Planters’ Bank of the S'ate of Georgia, hav
in'* immediately afler the robbery of its vault,
adopted means t> take up from ad honesj holders the
notes signed bv J. Marshall, Casher, and George W.
Anderson, President, hereby* gives notice that almost
the entire amount of that issue, now unredeemed, con
sists of the notes stolen from the ffank. The public is
warned against receiving any not* signed by J. Mar
shall, Cashier, and Geo. W. Andarson, President, as
payment will he refused, tmV-s toe most satisfactory
explanation of the marmei of its being received, as
well as the person from whom received, is given.
Anew issue has been mads, signed by H. W. Mer
cer, Cashier, and George W. Anderson, President,
which will be red emed as hiretofore.
H. W. MERCER, Cashier.
Savannah, July 8 22 6t
NE \V~BOOKs7
SECOND part of Democracy in America, bv De-
Tocqueviile ; being a continuation of his trea'ise
on our institutions, which are know n as being the most
correct of any written.
Anew supply of Georgia Scenes, illustrated edition.
The American Almanacl’or IS4I.
Friendship’s Offering.
The Token.
Mercedes,by Cooper, fitc. Sic.
Jnst received at
NORTON fit LANGDOS’S.
Much II a if
COUNCIL CHAMBER,
June ‘2l, IS 11.
The Council met pursuant to adjournment.
Present his Honor theAlayoi, Aldermen Abbott,
Berrv, Morton, Morris,Quin, Williams and Wells.
After reading the journal of the last meeting. Ai
de. man Williams offered the following :
Resolved, That the case now pending against Rob
ert G. Pa-terson be settled, upon the payment of said
Patterson to the City Treasurer, of ihe sum of two
hundred dollars, and the payment o ( all cost. Adop
ted.
By Alderman Williams.
Ordered, That the sum of $62 50, be paid to Brad
fo.d & Smith, in full for repairs on the corporation
carts. Adopted.
Alderman Quin, Chairman of the Street Committee,
to whom was referred a resolution of Council, in rela
tion to the leases of the commons, made the following
report, to-wit :
The committee on streets, to whom was referred
a resolution offered to Council, at a previous
meeting, beg leave to report respecting enclosures
made on the City Commons, by persons not author- .
ized, and also to investigate the situation of certain j
contracts made bv Council with William L. Wynn 1
and Thomas G.Gordon, in the year 1836. We find
that William Brown has a portion of the north com- i
mon enclosed, with a house on the same, for which
we iind no act of the former Council to authorize.—
We find that the lease given to William L. Wynn,
on that part of the south commons situated near the
race track, not to be correct, inasmuch as it c mams
31 acres more than has been represented to Council
in said lease. Your committee regret that this had
not been looked after more strictklv at the time of leas
ing to the said Wynn. 43 acres of land, when accor
ding to an actual survey made by Mr. Bethune, it
lias been found to contain 79 acres of valuable land;
ihe loss sustained by the city in this comract, small as
it may appear, amounts to near §SOO. The only way
that your committee see that this grievance could be
redressed, is, that inasmuch as the lease given to
Win. L. Wynn, has inserted in it, that the Council
lias rented him 48 acres, more or less, and at the
same time that the boundary lines are drawn; tbe com
mittee believe that there has been a mistake in taking
in the boundaries, for which in justice to the Oily,
compels the said Wynn to nay for all over 43 acies,
as will appear on the records.
We find that the lease given to Thomas G. Gor
don on a part of the common immediately belo.v the
public garden, and now in the possession of J. C
Mangham. The land had been leased to Thomas G.
Gordon for stable purposes. In a former lease given
to the said Gordon, we,find that he was restricted
from building any fence around said land, however at
this time, we find that it is fenced in and cultiva
ted—all of which we submit <o Council, for their
consideration. JOHN QUIN.
THUS. MORRIS,
Adop’ed. Committee.
By Alderman Williams.
Resolved, That William Brown be permitted to
occupy his oresent residence on the noith common till
the first dav ofOctober next provided lie give his bond
with security, in the sum of two hundred dollars, to
render the possession on that day, without furlhei
trouble to the Council. Adopted.
By Alderman Wells.
R esolved, That a committee of three be appointed
by the Mayor to examine the ditch at the cur.ierof
Randolph and Mclntosh streets, and that said cotn
miitee be authorized to take such measures as wiU
be required to remove the stagnant water in said dilch,
and for the purpose of preventing an accumulation of
water and filth, that said committee if they deem it
necessary, have power to have a box placed in raid
ditch and to call on the Marshal to till it up with dirt.
Adopted.
The following communication from the City Treas
urer was presented to Council, which was read and
referred to the committee, on ways and means, to-wit :
To the Hon. Mayor and A.dermen :
Gentlemen —It would be wed to take some notice of
the Auctioneers of the Cny ; there has been no license
taken out by Smith & Cos. during ihe present year,
nor any return made of the amount of sales ; also
severai notci due for the rent of last year’s fisheries
unpaid. Shall 1 bring suit on those notes. Also a
note given by Daniel and William Wading for §132,
due 9lii November ISS9. Will it be worth white to
bring suit on said notes. Resp’ly submitted,
J. BETHUNE; City Treasurer.
By Alderman Morris.
Resolved, That a special committee be appointed
to examine the river bank; above the residence of the
Hoii. J. S. Calhoun, and report to Council the best
means in their opinion, for its protection and preser
vation. Adopted. Whereu on his honor the Mayor
appointed Aldermen MORRIS,
MORTON,
G R E E N ti,
Special Committee.
By Alderman Quin.
Resolved, That the Marshal and Cleik of ihe
Market proceed immediately to inspect the weights
and metsutes now in use within the corporate limns.
Adopted.
By Aldcitnan Williams.
The Legislature of the State of Georgia, having at
its last session, authoiized the City Council to lay out
and dispose oi tors on the .Noith Uonimon and Bay-st.
upon the Chattahoochee River, and many ol our tei
iow-cilizens having expresses their opinion, that the
early disposition and improvement of said lots will con
duce to the benefit of the City and country generally.
Be it therefore Resolved, That the City C>uncii
pn pose to lay out and dispose of said lots, as follows :
that said lots shall be laid out, commencing at the
north corporation line, and sliail contain 74 feet on the
river, ami shall run back 31)0 feet, provided that said
lots shall n >t infringe upon Broad slrret, at ns upper
end, but such space shall be reserved for said stieel as
.s required by the act of the Legislature authorizing
this disposition.
That the o ty Council propose to convey in fee
simple, under said act. to any person or company of
persons, every alternate lot, so ia and out, that is to say,
the Council will reserve No. 1. which shall adjoin the
corporation line, arid give to said person or persons,
No. £ 2, which shall be next suit h thereof, ui.d so on al
ternately, ptovided said person or pet sons will bind
themselves, their he rs, executors and administrators,
le.-see and assignee, to erect and keep in proper re
pair, the ne esaary fixtures for raising or conveying
the water in said river to said lots, so that at least
seven feet live water power, which shall be available
at ordinary river height on let No. 1, and provided al
so, that no water power shall be used fro n said fixtures
at imy place abate said lot No. f, unless it be by the
consent of the City Council, and all other parties in
interest.
i he City Council in any contract which niav be
nude of and Concerning the premises, will require the
grantee or grantees to commence operations in twelve
months, and to make the water available for machinery
at lot No. I, in two years trom the time the contract
may be entered into.
.Further Resolved, That all grants or deeds and ev
ery grant and deed which shall hereafter be made to
any person or persons under this ordinance, conveying
any or all said lots proposed to 5e disposed of, shall
contain the necessary clause to insure the performance
of the conditions herein expressed, which detd or
deeds shall be null and void upon t e default and fail
ure of the giantee or grautees, his or tjie’r assigns, to
perform said requirements, and the lots so granted
shall revert to and become the property of the City—-
which was adopted by Council and ordered to be
published in the papers of the city three times.
The following petition fiom J. L. White was pre
sented to Council :
To the Hon. Mavor and Council :
Tile undersigned respectfully submits to the consid
eration of the Mayor and Council of Columbus, the
propriety of permitting him to transfer the licence for
which he has paid up to January, 1?42, thinking it
too hard to be obliged to pay an amount for which he
has leceived no equivalent whatever.
J. L. WHITE.
On motion of Alderman William -, Council granted
the petitioner the privilege to’ transfer hi. license.
By Alderman Williams.
Resolved, That J. C.'Mangham have leave to oc
cupy the ground on the common below his residence,
till his crop matures, upon the execution of his note to
Council, for the sum of thirty dollars, payable 25th
December next. Adopted.
The following accounts were presented to Council.
* One in favor of N. M. C. Robinson, £47 82
‘ Micajah Bennett, 6 CO*
Which tvere ordered to be paid.
Also an account in favor of Wm. R. Shivers, fir
SSO, which was ordered to lie on the table for the
present.
On motion of Alderman Quin, Council then ad
journed till Monday 12'h of July inst. at 4 o’clock, P,
an W. A. DOUGLASS, C.’k.
MILLS AND LAND/
rOR SALE,
THE subscriber offers for sale, on very accom
modating terms, the settlement ofland oil which
he resides, situated in the north-eistern part of .Mus
cogee county, on the Upatoie Creek, 17 miles Horn
Columbus and 14 from Talbotton. The tract em
braces
One thousand and twelve acres,
seven hundred acre; of which are first rate Oak and
Hickory Land, and the remainder good pine land.—
Two hund ed acres are,cleared, well fenced, and in a
good state of cultivadon. On the premises are two
good trame dwelling houses, of small dimensions, and
a good log house, besides negro cabins and all neces-’
sary out-buildings.
There is also on the place an excellent Saw and
Grist Mill, just Completed and in perfect order. The
Mill is four stories high, and is on ihe Upatoie Creek,
a stream which barely fails to affoid sufficient water
to keep the Mrll in operation. .
‘I lie engagements of the subscriber alone induce
him to offer the place for sale. It is situated in an
excellent neighborhood, near to a Church, School
house and Post Office. The place will be sotd iow,
and the terms cannot fa.l to satisfy any one desirous
of purchasing. HENRY KENDALL.
July 8 22 4t
The Federal Union and Recorder, Milledgeville,
will insert the above four times, and send their bills
to the subscriber at Upajuie Post Office, Muscogee
county.
JOHN L. LEWIS, ‘
IS my authorized Agent to transact any business
of mine, during my absence from Columbus.
M. A. ROBINSON.
June 3 17 ts
LIST OF LETTERS
REMAINING 111 the Lost Office at Columbus.
July Ist, IS4I.
Ligott Wm
Lyon Dr James M
Lanier Sterling
Long .1 AS
Lewis Dr Jacob A
Lomax Wm J
Lewis Juo A
Lawrence Mrs Elnora
Lowdcn Heniv
Lawson Miss’Margaret
More'and J viler soli
Moore C M
Moffi.t Henry
Mott Mrs Nancy
Marshall Mi:s L
Marshall Mi s L E
Mason W W
.Manu Hiism I
Vtoore Abner 2
Moore Miss J B
Moulder S \V
Mathewson Mr.
Murrell Eliza
Minis Charley
VI ar shall John J
Aloore James S
Metcaf V
Vloyston W A
Alacgruder Arch
McFariing the blind man
MuClusky Major
McClendon M in V
AlcGibony James O
AlcKiuey Bealy
AlcKinzie Keiutli
Newsom Datba
Noisier Dr Hugh M 2
Norman Fatsey
Nix h James
* ‘ats J ether
Parker Z
Philips Aliss Mary E
Page Daniel
Penny Aliss PedJy
Pitts Geo J
Patrick Jno A1
Pruett James
Pace M ill
Pace Wm jr
Prigden I nomas C
Pryor Philip
Pickard Silas
Peek Turner
Persons Dr Charles D
Perry Green
Pope All s Sarah V C
Powell Miss Elizabeth
Ray Benjamin
Reed Janies 2
Robinson Richard
Reeves Prior
Ragan E
Ragan J H
Rogers E
Rogers Adam
Scliurnpert AiooS
Stevens Jno C
Stone George
Simmons James
Smith Geo Sterling
stone L Al
Smith Lazanah
Stone Jno
Smith Jasper S
Sinead Mary A
Spivey E B W
Smith Crawford
Tay or \\ m
Thomas Elijah
ITimons James
j Thornton Mrs Ann C
I Took e Jho
, I’o&crl P J
IToppJno S
Townsend,Lewis
Thornton Dr H A
Thursby P J
Taylor H R
Thom Win
Upton David W
Vinson James
While Wm W 3
Wilson Joseph
Ware Sarah
Warren J M
Wood Harriet
Wilson Joel
Worrell Wm G
West Charles
Ward Dr Jno
Woodruff Capt LT
Wailing Wm 2
Wellborne J W 2
VViHiatus Daniel
Woods Father
Wade Mary A
Williams Harv servant
Weathcid Wni
Woodson J G
Wilson James II
Williams Aliss Sarah
t Win G
1 Wade Mrs A
: Willis I. K
I Wilcox DeWit F
Williams I.erov
‘Williams Alary S
Williams Aliss garah
Arnold Sheldon 5
Archer F C
Arwood Mr.
Arnald Moses
Andes Elizabeth
Austin Aben J
Brown Mrs E
Brown Wm
Badger J B
Bennett R F & M
Broadnax Henry
Bartow Wm G
Bajaiaw Dr Samuel
Brennan Mrs L
Bun Geo W 2
Beall Mrs M F
Baltick Lucinda
Bennett Jno
Big-ers F M
Bandit A W
Buckner Jery .
Baird Dr Jno B
Builard Mrs Jane
Bray James H
Barbel E S
Beckham A G
Beasly B
Collins Miss Mary Ann
Coleman Catherine
Coleman Benj F
Gunning Jno
Corlis C G
Cameron Dllgald
Campbell James II 2
t took A J
Chidsey Wm Y
Clark Jno W
Crowell Miss A
Clemmons Miss Elizabeth
Carr Fatty
Chatman Samuel
Chtistian Thomas
Canon Miss Francis
Cordell J W
day ton F D
Doles Francis
Dunn Miss E
Davis Jno B
I )eggars Mrs Anti
De ni Allen
Duffy G or M
Doles Zachariah
Dawkins Miss H
English A 2
Evans Susan
Eaton J Wad
Furguison Mrs Sarah
Fluting D F
Floyd McSabith
Foran James
Few Rev Dr J A
Freeman Miss Enlcline
Fountain Noah
Fort Benjamin
Fav, Kilbdurne & Cos
.Grey Marion
Gordy Wilson
Gaihwright Z P,.
GillispieJno J 2
Grace Byrd M
Guerry Peter V
Giddings Winny
Gardner Colin
Gray Dr Fcter
Grissom James
Hays Robert
Holland Win
Hunley Jno
Hinton Joshua 3
Hand I liomas
Hamblet Samuel
Hammond Jno
Hearn Elijah
Harwood B R 2
Harris Francis
Huff J B
Hill Abner 2
Harmony Jno
Harwell V\ ni
Hunt Jno
Ilollor Jacob
Hodge Wm
Haideway Sanficld
Hunt Henry
Hamac Sarah
Hays Harriet
Hager Jno
Haiker J
Harvil James
Harral Jesse
Haiiahl James
Hatcher Samuel J
Harrington Philip
Howard C C
Hutchinson K T
Haws Thomas
Hull & Spencer
Jessup Gto R
Jewett M .
Jordan Thomas
Jones Miss Lucy Ann
Jones Mrs Nancy
Johnson Dr Win
Johnson James
Johnson Robert G
Kelly Miss Charlotte
| Lowry Thomas
Leopard Jno I J
f ICy 2 ’ Persons wishing advertised letters will please
ask for them.
JOHN SCHLEY P. M.
Columbus July I, 1841.
RANDOLPH COUNTY.
‘’tt’TSTlLLbe sold on the first Tuesday in August
Wtr next, before the court house door in Grubberl,
Randolph county, between the usual hours ofsale,
Two town lots in the town ofOuthbert, No. 28, and
Lot No. 3, in square 9, and half of lot of land No. 32.
in the sth Dis'. of said county, all levied on as the
property of William Morgan, to satisfy one fi fa issued
from the superior corut of said county, in favor of Jo
srph K. Kilburn vs William Morgan, principal, and
Frederick Ban-field, endorser. Piopertv pointed out
out by Wm. Morgan. R. DAVIS, and sli’fT.
DRUG STORE.
THE subscriber having purchased the stock of
Drugs of Benjam n Walker, late deceased, will
keep constantly on hand, a general assortment, of
Drugs, Medicines, Perfumery, Paints, Oil,
Dye-Stuff's, Glass,
and a full supply of the most reputable patent Medi
cines, and reap- ctfullv inv.tesFhysiciar sand < th r | e -
sons wishing to purchase, to give him a call. Thu
business will be continued at the old stand of Taylor
& Wafer, sign of the Golden Mortar, Broad-street,
Coluinuus, Geo. SAM’L A. BILLING.
M EPICAL.— Drs. Boswell & Billing, having uni
ted in the practice ol Medicine, they tender their pro
fessional services to the citizens of Columbus and ihq
adjoining counties in Georgia and Alabama. Office
at the Drug Store of Dr. Billing.
JOHN J. BOSWELL,
SAM. A. BILLING.
July 8 22 y
BROUGHT TO JAIL,.
A NEGRO man by the name of Daniel, who says
he belongs to George Gumgan of Talbot countv.
The owner is requested to come forward, prove prop
erty, pay expenses and take him a wav. Said boy is
about 25 years old. WM. BROWN, Jailor.
July 8 22 if
LITERARY NOTICE:
THE Rev. J. S. Baker, having accepted of an
agency from the Nation J Society of Literature
and Science, will deliver Ins closing Lecture before
the Lyceum, on Saturday night next. He will ex
plain the object of the National Institution, illustrate
its plan of operation, show the necessity of such an
Institution, and advert to the happy influence which
it is calculated to exert in every department ofsociety.
The friends of Literature and Science, ‘and the citi
zens of Columbus generally, are respectfully invited to
attend, Julv 8 22 ltpd
G 1 UARDIAN’S SALE.—Agreeably to an order
% of the honorable the Inferior court of Stewart
county, when sitting as a court of ordinary, will he
sold before the court house door in Walker county, on
the first Tuesday in August ri xt, between the usual
hours or sale, lot of I ind, No. 204, in the 27ih District
and 3d Section of Walker county. Sold as the prop
er! yof Cuiien Dormans’ orphans, in Stewart county.
L. T. EUBANK,Guar.
July 8 22 td
MUSCOGEE SPRINGS.
THE subscriber, formerly proprietor of the Colum
bus Hotel, will open on the 25'h June next, a
house of entertainment to those persons visiting the
Muscogee, better known as the Fine Knot Springs, in
this county. The excellent |>ropertres of these waters,
inferior to none in the United States, the healthy state
of the neighborhood and the fine society which may ai
wavs be found at these springs, wiM render them a
place of popular and fashionable resort. Pi of. (Jotting
the State Geologist, visited these springs, aralyzed
the waters, and pronounced them in point of healthy
medicinal properties, inferior to nolle hi the State
He hopes that by proper attention to the wants of his
friends he will be fav ired with a large share of public
patronage. Dancing will be allowed to those who de
light in t lie amusement, and every effort made to piea-e.
lie invites his friends to give him a call and assures
then- they shall not go away disappointed.
Jesse b. reeves.
June 24 20 ts
’ NOTICE^”
JOHN L. LEWIS, Esq. will act as the Agent < f
the undersigned, during his temporary ab--ence
in Alabama. N. W. COCKE.
June 17 19 2t
DR. TAYLOR
HAS removed his office to Preston’s Row, a few
doors East of Preston’s Corner,where he mat
.generally be found, unless when professionally engaged
Feb. 9. I if
RULE NISI TO FORECLOSE MORT
GAGE.
GEORGIA, RANDOLPH COUNTY.—To the
honorable tiie Superior Court of said county.—Ga
briel Jones vs James Ennis.
rVHE petition of Gabriel Jones, respectfully shiw-
JL eth that James Ennis ot said county, hereto
fore, to-wit ; on the thirteenth day of AJaith in the
year of our Lord eighteen hundred and Ihirly nine, to
wn : in said county, made, executed and deiiveied to
your petitioner, his certain deed of mortgage, bearing
date the day and year aforesaid, and witnessing that
the said James Louis bad on that day, made and de
livered to your petitioner, his five certain prom.ssory
notes, subscribed wdh his own hand, and bearing
even dale with said mortgagt- deed, whereby the sa u
James Ennis promised o pay your petitn tier or bcur
er, by tne fi st ot which said notes, six hundred dol
lars on or betore the lirst day of January next, eneu
4ng, the date thereof for value received, and by the se
cond oi saw notes, the said James Ennis promised lo
pay your petitioner or bearer, seven hundred dollars,
on or before the first day of January eighteen hundred
and for'y-one, fir value received, and by the third of
said notes tne said James Ennis promised to pay your
petitioner or bearer eight hundred dohurs, on or be
fore the first day of January eighteen hundred and
forty-two, for value received, and by the fourth of said
notes, the said James Ennis piomised to pay your pe
tition! r or bearer nine hundred dollars, onorbeiVro
the first day of January eighteen hundred and forty
three, for value receive and, and by the fifth of said prom
issory notes, the said James Ennis promised lo pay
your peiitioner or bearer one thousand dollais, on or
before the first day of January eighteen hundred and
forty-four, for value received, and by the said mort
g ige deed, he the said James Ennis, for and ill con
-ijeratlon ot tile sum of live dollars by your petitioner
to tiie said James Ennis in hand paid, the receipt
whereof, is Py said mortgage deed acknowledged, as
well as for he boiler securing the payment of the
aforesaid five promissory uuies, ihe said James Ennis
did gram, bargain and sell unto your petitioner, Ins.
heirs and assigns, all the following properly, lo- wii :
lots of laud No’s, one hundred and twelve, two hun
dred and twenty-six, and two hundred and tifly-six, all
in the ninth district of said county of Randolph and
number two hundred and thirty-five in the fifiii district
ol said county, together with all and singular tho
rights, mcmliets and appurtenances thereumo belong
ing. Also three negro staves, 10-wit : Malmdaa wo
man about twenty-one years of age, and her two chil
dren, Dennis a boy ab ait live years old, France* a
girl about two years old, and four burst s uud one mule,
one yoke of oxen and wagon live cows and calves,
forty- wo head of hogs and live feather beds, bedsteads
anil furn.tuie, together with till and singular the house
hold and kitchen furniture of the said James Enins
together with all the crops of the said Janies Ennis,
annually, (till paid) lo have and to hold the said bai
gailied land and premises utd property to (the said
Gabriel Jones) your petitioner, his hens and assigns
to nis and their own proper use and benefit and be
hoof fore.er, and ike said James Ennis lor himself,
his heirs, executors and administrators, the said bar
gained premise.-, and properly, unto your petitionei
did warrant against the claim of Inn self and his heirs
and against tiie claim of all other persons, whatever,
with a provision, nevertheless, that if the said Janiwi
Ennis, his heiis, executors and administrators, should
and did well and truly pay or cause lo be paid unto
your petitioner, his heirs and assigns, the aforemen
tioned sums of money in said notes specified, accor
ding to the tenor and i fleet thereof, on the days and
tim s mentioned and appointed for the pa ment lhc-rc
of, in the said promissory notes mention'd, with luw
fui interest for the same, according to the tenor of
said notes, then and from thence forth, as well the said
mortgage deed and the right of property thertby con
veyed as the said promissory notes should cease, de
termine and be void to all intents and purposes. Now
this petition sheweth lo ihe court that ihe first and se
cond promissory notes heretofore specified, to wit: tho
note due on or b fore the first day of Jumiarv next en
siling, the dale of said mortgage’ deed, and” the note
due on or before the first day of Junnaiy next, ensu
ing, the date of said mortgage deed, and the note due
oil or liefoie the first day ol January eighteen hundred
and forty-one, with interest on each, have long sine*
been due and payable (as aforesaid) but that neither
the said Janie- Ennis nor any person or persons on
Ins behalf have paid the said sums of money therein
specified, or any part thereof, but has hitherto wholly
and entirely failed and refused so to do—wherefore
your petitioner prays that the said James Ennis be
ordered by the court to pay into the Clerk’s Office of
the same on or before the first day of the next Term
thereof, the said sums of money in the last aforesaid
two promissory notes specified, together with all in
terest and cost which may be due thereon, at the
time of such payment, or that in default thereof, by
the said James Ennis the Equity of Redemption of
the said James Ennis in and to said mortgaged lots of
lands, he thenceforth forever hatred and foreclosed.
Isaac e. bower,
A tt’y for petitioner.
The foregoing petition having been in ard and con--
sideretl by the Gourt, It is therefore, on motion of
consel for the petitioner, ordered that the said James
Ennis pay into the Clerks Office of this Court, on cr
before the first day of the next Term thereof, the said
sums of money due and unpaid on the first two prom
issory notes in said petition, first and second mentioned
together with all interest and cost accruing at the
time of such payment, and ;n default, thereof, that the
Equity of Redemption of the said James Ennis in and
to said mortgaged lots ofland be from thenceforth for
ever barred and foreclosed, and it is further ordered,
that a true copy in spbstance. of this Rule Nisi be
served upon the said James Ennis personally, at least
three rhonths before the first day of the next Term of
■ thisCourt,or by publication in one.of the public ga
zettes of Columbus, Georgia, four months before tho
next Term of this Court.
A true extract fioin the minutes of Randolph Su
perior Court, February Term, 1841.
O. H. GRIeFITH, Clerk.
PLANTERS HOTEL.
npUE subscriber has removed from his old stand
JL at. the corner of Oglethorpe and Bryan streets,
to the buildings diagonally opposite, above Calhoun’s
Warehouse. He avails himself of this oppoitunity to
return his thanks to his friends and the public general
ly,fir the liberal patronage heretofore extended to him,
and hopes by continued exertions and constant endeav
ors to please, to merit a continuance. Transient ens
! turners and regular boarders wiii be accommodated
prices as low as circumstances will permit. Horses
will be sent to the livery stable of Mr. Halstead, wheie
every attention will be paid to them.
, , F. 13. NANCE.
March. 41. h, 1841. 4 ( j
TIIE CELEBRATED IIORSE,
ROBIN HOOD,
WILL stand the ensuing season, one half of his
tune at my stable, nineteen milts above Colum
bus, in Russell county, Ala., arid the other part of his
tune at Lafayette, Chambers count v, Ala., and will be
let to mares at the reduced price otFifiy Dollars, due
25 h of December negt . . Mares, sent over thirty
nules will be fed two months gratis. Personi failin'*
to get a colt in the Spring, will tie allowed the Fa\
season gratis, if the mares are sent to my stable. Ail
. c;ire “’iH taken to prevent accidents and escapes
but no ttahii.;les for either.
A- to Robin’s performances on the turf, a reference
to the Stud Book or the Spirit of the Times, will give
entire satisfaction. It is also due him tosay, that his
colts, so far as trials have been made, have been sur
passed bv non.- in the United States.
1 he season w II commence the first o r March, an
end the first of July. Z. WHITE &
JNO. CROWELL.
■Tan. 27. 1841. 49 ts
BROUGHT TO*JAIL *
ON the 7th June, a negro hoy JACKSON, about
i 2 or 13 years old, yellow complexion, weighs
about 85 lbs. and savs he belongs to John Bennett of
Richmond county, Virginia, a tobacco trader, The
hoy says that tie lost hj 3 master between this place
and Montgomery Mr. James Bennett a brothot to
Mr. J. Bennett, resides m Talbotton. Ga. The
owner is requested to come forward, prove property,
pay expenses and take him away..
WM. BROWN, Jailor.
Columbus Ga. June 17 19 if
’ fifty dollars reward!
fqj r< >LEN last night, from my room, from one blin
ks dred and fifteen to one hundred and thirty-five
dollars in specie, in a tin box (sardine box) partly
rohe.i in paper,'whole and half dollars ; o her denomi
nations i„ small Lucifer Match Boxes, marked w ill
the amount of the contents. The above reward I will,
pay for the recovery of the money and conviction of
the thief, or in proportion for part thereof.
June 17 19 ts C. A. BKCRRO.
McJJOUGA L D & WATSON,
ATTOnniCS AT LAW,
Columbus. Georgia
DISSOLUTION.
THE partnership heretofore existing irt the name
of Whitesides & Wilder for rut ring a Stage
Lun between Columbus, Ga. and Chattahoochee, Fla.’
was dissolved by mutual consent, on the first instant-.
All the unfinished business of thf concrrn v\ ill he closi and
by John Whitt sides, or his authorised agcrtl. ,
WHITESIDES & WILDER.
June Id 18 3t
COTTON BAG G I Ng”
Direct Importations.
THE subscribers have just completed their sea
son’s import of Colton Bagging, consisting of
Dundee 44 inch, weighing 2£ lbs. ptriard.
44 *• “ 2 “ “
“ 44 “ “ ]3 <t U
“ 44 “ “ i| A V
43 “ “ ft “
“ 42 “ }|
Inverness 43 “ ** Jj “ “
Double E. 1. Gunny 44 “ ,e 2 “ “
Single “ “ 43 “ “ IJ “ “
Also, Scotch Twine, superior 3 stiand.
Ba e Rope, India and English.
Which are offered to the planters and merchants of
Georg a. at such prices and on such credits, for city
acceptance, as will render a home purchase more a*K
vantageo* s than one in a northern maikcl, and enable
*up|ri-.-1 *he sent immediately iflto the inferior, du
ring th ; existence of good i iver navigation, and at the
.prevailing very low rales of freight.
ANDREW LOW & Cos.
Savannah, May 13 14