Newspaper Page Text
,rn l ' 1? In lepcndent Monitor:
Win GOU T OF ALABAMA.
Willard Freeman & Cos. use &c. vs Jesse
oinack. \\ rit of Error to the county
court of Sumter.
, ,^°^ on against a sheriff for not usinnr
uc diligence in collecting tlie amount of an
execution, will net be Sustained for the ten
per centum, where the plaintiff could not re
cover Lite principal.
Defendant having satisfied an execution
except the coste, before suggestion against the
sheriff, the plaintiff has no right to rule the
sheriff for what belongs exclusively to the of
ficers of court.
3. Damages under the statute are not allow
ed the plaintiff on costs of suit.
This was a suggestion in the county c6utt
of Sumter, against the sheriff of that county,
alleging that with due diligence, the amount
of an execution issued from that court and
returned by him unsatisfied, could have been
made.
The cause v?as submitted to .the court, on
facts agreed by the parties. From the case
agreed, it appears that on the 7th of March,
ly 40, a writ of Fieri Facias tor the sum of
seventeen hundred and sixteen dollars and
forty cents, besides costs, was issued from the
county court ot Sumter, and placed in the
hands ot the defendant as sheriff—that the fi
lx was at the suit of the plaintiff against Ed
ward B. Colgin and Washington Dunn, and
returnable on the second Monday in July next
after its issuance. It was admitted, that the
sheriff by the return term of the execution
could with due diligence have made the money
thereon, and thht he had entirely failed to do
so.
It was farther admitted, that Edward B. Col
gin, on the 19th February, 1841, paid the a
tnount of the judgment on which the execu
tion issued, with interest thereon (bat not the
costs of suit) to the plaintiffs in Mobile, who
gave a receipt to the successor of the defend
ant, the present sheriff’ of SSninter ; and that
the suggestion in this c&sc was made on the
12th February, 1841.
On these tacts, the county court rendered
a judgment in favor of the defendant: to revise
which the plaintiffs have sued a writ of etfdr
to this court.
Boyd, for the plaintiff,
llair, for the defendant.
Collier, C. J. The only question raised
upon the assignment of error is this, is the
plaintiff on proving the allegations of their
n iggestions, entitled to recover damages, the
execution itself having been satisfied (with
the exception of the costs) previous to the
time when the suggestion was made J The
solution of this question must depend upon
t ie construction of the third section of the
act of 1829, “ilie belter to secure money in
the hands of clerks, sheriffs and coroners.”
That section is in these words—
“ Whenever any sheriff or coroner to whom
an execution shall have been delivered, shall
fail to make the money on or before the first
day of the term of the court, to which said
execution shall be returnable, and the plaintiff
or plaintiffs, his, her or their attorney, shall
‘suggest to the court that the money could
have been made by said sheriff’ or coroner,
‘With due diligence, it shall be the duty of the
court forthwith to cause an issue to be made
tip to try tlie fact, and if it shall be lound by
the jury, that the money couid have been made
tiy tlie sheriff or coroner, with due diligeuce,
j udgment shall be rendered against said sher
iff” or coroner, and his securities, or any, or
either of them, lor the sum of money speci
fied in said execution,together with ten per
centum on the amount of said execution as
damages, and also the costs ot the suit.” Aik.
Dig. 175.
The right to recover damages under this act,
is certainly not the principal matter provided
for, h it it is the recovery of the amount of the
execution which, for want of due diligence,
the officer in whose hands it was placed, has
failed to collect The damages are merely
accessorial, and depend U|m>ii the right of tlie
p a lit ff’ to m ike the suggestion to the c urt.
■tne fact to be suggested to the court, and the
.gravamen of the complaint is, that in conso
que tee of the sheriffs neglect, the amount oi
iin execution has not been made. Now, it
was conceded in argument, that the receipt of
the money alter tlie sheriffs default and before
tne suggesii m made, wouldpreveutajudgment
lor the sum expressed in tlie execution; and
Wq think this is clearly true.
if tlieli the principal matter has been en
tirely satisfied, is it permissiiile to prosecute
this proceeding, merely to recover that which
is incideiUftl to, and dependent upon it ? We
tftinft riot. And this conclusion, apart from
general reasoning’ which sustains it, seems to
us, to acquire increased strength from the lat
ter part of the section cited. The judgment
there directed to bfc rendered is, ‘‘for the sum
specified in said execution; togetlier with ten
per ce.itum on the an'emit,” &c. in the case
at bar, the statute judgment could not have
been rendered at thd tube the suggestion was
niade ; because the execution was previously
satisfied, excepting the costs, and we think
this at least a perstinS.ve argument against the
plaintiffs right to recover.
Tne failure of the defendants in execution
to pay the costs belore the suggestion was
nude, cannot place the plaintiffs in a more
f ivorable position; lor the costs are due to the
officers of court, aiul the ten per centum dam
ages are never cdlcitlated upon by them, lit
fact the plaintiffs did not insist upon a judg
ment for the costs of the execution
If the suggestion had been made before the
money was paid to tho plaintiff-, we w iil not
say that they could not have recovered the
damages. But as the rase is presented to us,
we are satisfied that the county court did not
err, and its judgment is consequently afflrm
t l, (u)LDTH\vAiTE, J. I dissent from tile fere
goin<r opinion. lam impressed very strongly
withthe belief that the sheriff in this case is
liable under the statute, and that after a default
l.v him, the plaintiff is as much entitled to the
damages as he is to the debt, and that the
sheriff can only be discharged by a release, or
l,y pst pursuing the remedy within the time
allotted by law.
The Governor for the use of Ann Simmons,
,-s Jubal B. Hancock and Henry 11. Harris.
The sureties of a sheriff are not liable for
a malfeasance of the sheriff, unless the act
complained of includes an otmssibn to per term
some duty imposed by law. .
Writ of error to the county court ot Sumter.
Action of Debt on a sheriffs bond against
the defendants who signed the same as sure
ties for William Johnson. The bond is con
ditioned that Johnson as sherilf of bumter
county, shall well and truly pay over a mo
n,es received bv him, and otherwise tait.ifudv
discharge all the duties which are or may be
paired of him by law during the term for
winch lie is appointed. Ihe declaration sets
ut>* that bond and its conditions, and the
breaches auigned are substantiaHy the.e.
That an attachment was issued at t
Ann Simmon* against the estate of Jackson
Brewer, to secure a debt of tourteen hundred
dollars. Tins attachment was levied on a ne
to woman and child of the alleged value of
thousand dollars. That Johnson, after
. t!iC levy and before the return of the said at
tachment, falsely and frauuulenUy represented
Mrs Simmons that the said Brewer had r
moved all his property from the county, and
amUii . • | re , )r c!.erjtaUons, for the
eei)ue")ol t.io .M |s aUego d. eX -
Anotncr J‘C< ® lute Mrs Simmons
** Its levy aud
before its re*urn, fraudulently connived at, as
sented to and permitted a great fraud to be
practised and divers misrepresentations to be
fraudently and wickedly made ; and that in
consequence, she did dismiss her 6aid suit a
gainst Brewer, and thereby entirely lost the
benefit and advantage of it.
The defendants demurred to the declaration,
and judgment was thereon rendered in their
favour.
The plaintiff prosecutes this writ of error,
and assigns that the county court erred in its
judgment on the demurred.
Smith, for the plaintiff in errdr insisted that
the bond of a sheriffis forfeited by any misfeas
ance or malfeasance in his official duties. He
is not permitted to use the process of the
courts in making unequal bargains, or in ta
king undue advantage. Jenner vs. Joliff, 9
John. 389. Reed ts. Prayer , 7 John 426.
Bartlett vs. Crogin !5 John. 250.
As to the right, in the first instance, to sue
on the bond, be relied on Searcy vs. Fearne 0
Porter 400. Gov. use dec. vs White. 4S.
P, 441
Jones, ctfbtfa.
Goldthwaite, J. The question here is
hot whether the sheriff is personally liable
to respond in damages for the acts complained
of ; but it is, whether such acts,are within the
condition of his official bond. In our opinion
they do not constitute a breach of the condi
tion. We will not say that the sureties of a
sheriff are not liable in some cases of a mal
feasance, but in such we think the malfeas
ance must include a ifiiefeasance also; as for
instane’e, the sheriff'should wantonly destroy
property levied by him, this would be a tor
tious act, but there would likewise be a tor
tious omission of his duty, which is to keep
the property safely. It does not appaer from
this declaration that the sheriff has omitted any
part of his dulies. The plaintiff in ii.terest
may have beer, injured by his wrongful and
fraudulent misrepresentations, but the sureties
do not stipulate to be answerable in such a
case.
The judgment tiitM be affirmed.
From the N. Y. ComrAercial Advertiser.
DISTRIBUTION OF THE PROCEEDS OF
THE PUBLIC LANDS,
The bill that passed the House a fevV days
&iffce, is published at length in the Intelligen
cer. The following is an abstract of its pro
visions.
See. Ist. decrees that after the 31st De
cember next ten per cent on the neit proceeds
of the sales of tlie public Ends, after that time
sold in Ohio, Indiana,lllinois, Alabama, Mis
souri, Mississippi, Louisiana; Arkansas and
Michigan, shall be allowed and paid to each
of those States respectively, over and above
what they aie entitled to by tlie terms of lhe if
admission into tlie Union-, and over and above
allowances lor the continuance of me Com
be i laud road.
bee. 2. The residue of the nett proceeds
shall be divided among the twenty-six Slates
and the District of Columbia, according to
their federal representative population, to be
appl.ed as the S.ute Legis'atures shall direct,
lo the District the application is limited to
free schools, or U purposes of education in
such form Congress shall diretc. Provided
that nothing in tins section contained shall bi
construed to the prejudice of future applica
tions for a reduction of the price of the pub
lic lands, or for a transfer of the said lands
to the btates in which they lie, or of such
other disposition thereof as Congress may di
rect.
bee. 3. Payment of tlie nett proceeds to be
made half yearly at the Treasury, on the Ist
days of January and July.
bee. 4. The portion of any State or of tlie
Distnci to be first applied to the payment of
hiiv existing debt from such Slate or the Dis
ir.ct to the United St tes—not including how
ever, the sums deposited with the States undei
die act of June 23, J 336.
Sec. 5. Tins act n) rontimiejn force unt.l
<• H i wise provided by law, unless tlie United
Stales shall become involved in war with anv
fireign pdwer; in that case, to be suspended
durii.g the continuance of shell war. New
Stales admitted into ti.e Union shall have as
signed to them their proportion.
~Sec. 6 appropriates $150,000 annually for
completing the surveys of the poulic lands.
The minimum price of sale not to be increased.
If increased by law* then from the time of
such increase the distribution of the nett pro
ceeds among the States to be discontinued.
Sec. 7 authorizes the Secretary of the
Treasury to continue any land district lit which
the seat of government of any Stale is situa
ted, and the land office in such district, al
though the quantity unsold therein may not
amount to 190 000 acres when such continu
ance is in Ins opinion required Hy public con
venience.
Sec. S grants to each of the States named
in the first section (which has not heretofore
re> eived 000,000 acres of internal improve
ment) a quantity of land sufficient to make
up, with what has been received, that amount,
lo be selected within tlie limits of such State,
by the Legislature; and located in parcels of
320 acres; locations to be iriade at any time
within five years after survey and offer at
public sale.
Sec. 9. Tlie lands so granted shall not be
sold at less than $1,25 per acre until otherwise
provided bv law of the United States. Nett
proceeds hi be applied to purposes ol internal
inrfproveifient. Roads, bridges, canals &c,
constructed with such proceeds to be free lor
tlie transportation ol the U. S. mail, troops
and munitions of war.
S.c. 10 authorises every head of a family
widow, or single man, over 21 years of age,
being a citizen ot hav fig fit and a declaration
ot intention, who since ll.e first of June IS4O
has made or shall make a settlement in person
on public lands to which the Indian title has
been extinguished, and shall erect a dwelling
thereon, to enter for any number of acres not
exceeding 160, including his or her residence;
paving the minimum price. Per So ns who
have had the pre-emption under any other
law of Congress are excluded from this pro
vision; nor shall any person be entitled to
more than one pre-emptive right under the
nor any person vvhOisthe proprietor of
320 acres in any State or Territory* nor anjji
who shall abandon his reSTtUnbe on his own
find, to make a residence on any public land
in the same State or Territory. No lands
included in any reservation, nor any reserved
for salines, or for the snp|)ort ol schools &c
----&.C., shall be liable to entry utider this section.
Sec. H. When two or more persons have
S-tiled oil the same quarlfcr of land, the right
of pre-emption shall be in the first settler.
All questions as to the right of pre-emption
to be decided by the register and receiver of
the district, with an appeal to the Secretary
of the Treasury.
Sec. 12 prescribes the mode oT proof as to
settlement.
Sec. 13 requires the settler demanding pre
emption to make oath before the receiver or
register, that he or she is in the condition spe
cified, and has fulfilled all the requirements of
the act. False swearing made punishable as
perjury, and also forfeits;the land and all mo
nies paid thereon.
Sec. 14- Sales of Public lands not to be
dclaved bv this act, nor shall its provisions
be available to anv person who shall fail to
make the required proof and payment before
the day appointed for the sale.
Sec. 15 requires all settlers intending to
purchase, within 3 months after the passage
of the act, or if settlement is made alter the
passage of the act", then within 30 days after
such settlement, to file with the register a de
scription to claim ; and within F- months al
ter the passage of the act or alter the settle
ment, fulfil the other requirements, or the
tract shall be subject to the entry ot any otner
purchaser-
THE DEATH OF JEFFERSON.
BV T. If. SHIVERS, M. D.
[“ I have done for mj country, and ail mankind, all
that I could do, and now I resign my soul without
fear to my God, and my daughter to my country.”]—
Jefferson’s dying words.
The eloquent tongue is mute,
The eagle eye is dim ;
He hears not thy salute, j
What is this world to him ?
For though an earthquake rent
The mighty earth in twain,
And shook the firmament—
He would not wake again!
All that was earthly lies
Low in his grave beneath!
His heavenly part defies ,
The mightiness ofdeaih ! /]/■
Then let the thindeis roll
The mighty cannons roar,
They cannot reach his soul
Upon that happy shore!
All that he wished below
From mortal man. was given^-*
What earth could not bestow
Is grinted him in heaven.
For led by Freedom’s hand,
He grew, from infancy,
The mightiest of the land—
His crkdle, Llbertv.
The sunshine on the plains,
The cattle on the hills ;
The heart that now complains,
The bosom that now thrills ;
The joyous ihings cfearth,
The moon, the noon, rhe even-*-
All testified his worth,
As It is known in heaveh.
He prayed hut to survive
To see that blessed d&y,
And God said, let him live!
And Death then passed away.
And strengthened, soothed, sustained,
By that Mysterious Power,
He neVer more complained,
But mended from that hour.
His faith had power to cause
That which was not to he, /
And baffled Nature’s laws,
And flattered Destiny.
His sotSl was in the faith
Os living anchored fast;
And when he bowed to Death,
The time he vdshed was past.
He saw the Ficr.DV of Bi.iss
Spread out belore his ey s,
A brighter world than this—
The HeaVenlV Paradise.
And prophalic-like, he stood
Upon the Mount of Tilde,
And saw beyond the flood
Eternity sublime !
He went not down as one
Thai knew mortality ;
But set, as sets the sun
Upon the far-olf s.a !
And though his lips arc inute,
His eagle eye U diirt—*-
He hfe'ars not thy salute**
We have the light of him.
The hand ofGod above
Led him along the way
Os never-dying love
To Everlasting Day.
Bright as the etern il sun,
The Lord of Heaven, shall be
The race that thou lias’ run,
Through all eternity.
Then shout for him no more—
Cease now your revelri j (J)
For who can hail that shore
Which bounds eternity ?
For in that far-off I.and,
Bovond the reach o f thought,
He joins the Patriot Band,
Who first for Freedom fought.
July 4th, 1839.
From the Auiiiisia (Ua.) Constitutionalist, July 21.
FOREIGN INTELLIGENCE.
The arrival of the Caledonia at Boston
brings us foreign dates to the 3d inst.. We
have no room for much detail ; we can only
give the most important items.
In England, Parliament had been pro
rogued by the Queen in person, and by proclr>
(nation Parliament had been dissolved and a
new one called to meet on the 19th of Au
gust. The greatest excitement prevailed in
‘regard to the elections. The returns bad al
ready been received of about 359 members,
out of about 054, which number constitutes
the House of Commons. The result so far
was more favorable to the Tories than to tlie
Whigs. The next arrival from England,
which will be the Great Western, will no
doubt bring us the final result.
Many riots had already taken place in vari
ous parts in England, in which several lives
were lost j the military were called out to
suppress the disturbances.
Favorable accounts of the grain crops in
Great Britain reported.
Tiie difficulties with the Pacha of Egypt
seemed to be in a fair way of settlement.
Nothing very interesting from France or
other parts of the continent, except that the
Chamber of Peers has approved of the trea
ty of Commerce lately concluded between
France and Holland:
The cotton markets of Europe had im
proved, and improvement in the manufactu
ring districts had taken place. Under our
< 8 umercial head will be found the latest in
telligence of the markets.
We acknowledge an extra from the office
of the Boston Courier.
There is great good sense m the following
article, taken from the Natchez Daily Cour
ier.
The CriTTON Crop— We perceive that
some of our Southern exchanges are already
boasting ot the prospect for fine crops in their
neighborhood. This, although done with the
most innocent intentions is productive fre
quently of injury to the planter, and should
be avoided. There is no production of our
soil liable to more accidents in its progress to
maturity than cotton, and consequently there
is none about which predictions are so uncer
tain. From the time it is planted up to the
end of the picking season; it is subject to a
thousand vicissitudes which may in a very
short period of time reduce what promised to
be a superabundant crop to a standard far be
low the average animal product- No prudent
planter therefore will ever place much confi
dence in the estimate he may form of the
number of his bales, until the raw material is
stored in his cotton house.
Under such circumstances die effect of any
ill-timed boasting is to impress the buyer
with the idea that the quantity in market will
reduce the price and to prevent him from of
fering its full value until the whole crop is in
market and its actual amount ascertained.
By this means the planter, who Is compelled
to sell early, must take an adequate price,
while the speculators into whose hands all the
cotton has passed, reap the benefit of the rise
at the end of the season.
Dimes and HALF-DtMEs.-Frequent notices
have appeared in the papers respecting coun
terfeit dimes and half dimes said to be in cir
culation, and it is stated that they may be
known by having the figure of Liberty without
the circle of Stars. We learn, from the best
authority, that this test is not conclusive, and
that the supposed counterfeits are probably
genuine coins. The figure of Liberty was
introduced upon the dimes and half-dimes in
1i836, but the circle of Stars did not appear
till 183*,* Half and quarter dollars, bearing
the figure of Liberty , were first coihed in IS3S.
but none were ever issued without the Stars
* Nat. Intelligencer.
From the Augusta Constitutionalist, July 20.
No one can rise from the perusal of the
opinion of the three judges or tlie Supreme
Court of New York, in the case of McLeod,
without being impressed of the ability with
which it is written, and of the soundness of the
court. It would have been a gratification to
us, if the limits of our columns had permitted
us to give this document at full length to our
readers. Should we find space enough here
after, we shall certainly insert it in our paper
In the meantime we give an analysis of it,
which we copy from the New York Evening
Post
Os this decision the New York Sun says:—
“We understand McLeod’s counsel have re
solved to carry the motion up to the Court of
Errors, and to argue it at the session to be
held at Buffalo in August They may as
well save themselves the trouble. We are
confident the result will be the same. There
is no escape from the positions of the Supreme
Court. They are fortified with such bulwarks
of authority which cannot be overcome.
The Supreme Court of New York has
fearlessly done its duty. It has maintained
the honor of the State, and asserted the invi
olability of her jurisdiction, regardless of
threats without, or fears within. It has told
the world, that persons guilty of murder and
arson upon our teritory cannot escape the
penalty of our law merely because their gov
ernment chooses to become a party to the,
crime,”
The Pennsylvanian observes : —“lt will be
seen by the report in another column, that the
truckling policy of Daniel Webster to give up
McLeod*to the British Government 1 , has been
condemned by the unanimous opinion of the
three judges of the Supreme Court of New
York, and the policy of Mr. Van Buren togeth
er with the opinions expressed by Mr. For
syth, his Secretary of State, in his let’er to
the British Minister, Mr. Fox* and so ably
supported by Mr. Buchanan and the other
democratic senators lately in Congress, have
been fully and nobly sustained.”
From the New York Evening Post.
(Task of McLeod. —Judge Cowan pro
nounced the decision ot the Court, after a
careful and able review ofthe whole argument
of counsel. After stating that the prisoner
was charged with the murder of Amos Dur
fee, he proceeds to discuss the propriety of
discharging him on the tacts stated in his
affidavit. Tlie points laid down by the learn
ed judge, as we gather them from a hasty
perusal, are.
1. That the points raised by the pris
oner, first, that lie did not participate in the
alleged offence, and second, that if present,
he was acting in defence of his country from
a treasonable insurrection* can not be made
available in a Habeas Corpus, even for leLing
him to bail, much iess for ordering his unqual
ified discharge;
2. That on Habeas Corpus, the examination
as to guilt or innocence cannot, tinder any cir
cumstances extend beyond the depositions or
proof by which the prisoner is committed.
3. That these views are a sufficient answer
to tile present application; but as counsel had
raised the question of jurisdiction, the court,
were willing to go into it.
4. That the plea that this is a national ques
tion, to be settled by the diplomatic powers of
the United States and England, does not di
vest the court of jurisdiction, because to war
rant the destruct.on of property or the taking
of life, on the ground of public war, there
must be what is called lawful war, by the law
of nations, which can never exist without a
concurrence of the war-making power
5. That if the affair in question can be tor
tured into war between this nation and Eng
land, tbe U. States might take possession of
McLeod as a prisoner of war.
6. That the order, under which McLeod
and his associates acted, was not a lawful act
of majesty, as contended for by Mr. Fox, since
i.he transaction was then Imviul ab initio and
required no royal recognition, which is no.
pretended on either side.
7. That regarding Durfee, as the enemy of
England, who had taken shelter on the neu
traf territory of the United States, she had
no right, on any pretence, to pursue him be
yond her own limits, without violation of the
rights of the neutral nation.
8. That the transaction in which McLeod
was engaged, is not to be justified on the
ground ot selfdefence and necessity as no
such necessity can be proved to have existed,
the Caroline not being in tbe act of making
an assault upon Canada nor in a condition to
make one. As well might a man who walks
half a mile, to his neighbor in bed at midnight,
because he suspected him of meditating inju
ry,-plead necessity as an excuse.
9. That the fitting out of the expedition
under Capt. Drew, was an unwarrantable u
surpationof authority on the part of the Pro
vincial authorities.
The Jndge then says :
•• ‘Phis brings us to the great question in the
cause. We have seen that a capital offence
was committed within our territory in time ot
peace . and the remaining inquiry is whether
England ha§ placed the offenders above the
law and beyond our jurisdiction; by ratifying
and approving such a crime. It is due to her
in the first place, to deny that it has been so
ratified and approved. She has approved a
public act of legitimate defence only. She
cannot turn that into lawiui war which was
murder in time of peace. She may, in that
way, justify the offender as between him and
his own government. She cannot bind for
eign courts of justice by insisting that what in
the eye of the whole world was a deliberate
and prepared attack, must be protected by the
law of self-defence.
In the second place, I deny that she can,
in time of peace, send lier men into our terri
tory; and render them impervious to our laws
by embodying them and putting arms in their
hands. She may declare war : it she claim
the benefit of peace, as both nations have done
in this instance, the moment any of her citi
izens enthi our territory; they are as com
pletely obnoxious to punishment by our law,
as if they had beeii born and always rCsidOn in
this couutry.
From the National Lnieiligencer. ,
A VISIT TO THE RESIDENCE OF THE
LATE JOHN RANDOLPH—of Roanoke.
B V REV. L• K WILLIE.
The residence of this extraordinary man is
situated on the Staunton river, in the county
ol Charlotte, about 12 miles south ol the court
house.* The two houses in which he lived
alternately in summer and winter dre situated
on a commanding eminence, aud surrounded
by a lorest, which, during his hie, he never
suffered to be violated by an axe. A place
was cleared jUst sufficient to construct two
dwelling houses and a lew out buildings; while
the surrounding forest appears wi'd and ro
mantic,’ as il planted and cultivated alone by
the hand of Nature. . .
The house in which he usually spent his
winter is a low one-story building, with an
open shed iri front supported by four oak posts
resting on the bare ground’ The ffi*or of
this shed id paved with Stones, which have re
ceived no polish Bave that Which has been
given therit by the waters of the Staunton
river. The interior of this building is hand
somely furnished, and adorned with drawings
and portraits. .Among the rest is a portrait
ot his servant Juba, carrying a double-bar
relled gun on his shoulder and a terrier dog
in his arms. Also one of himself, taken at
the age of 25, said to be an admirable like
ness; In this house may now be seen the
wrapper in which he fought a duel within the
last years of his service in Congress.
The building in’ which he spent his sum
mers, situated in fronf of the one described
above, is larger and much more commodious.
The furniture of this building, particularly
the drawing room, is remarkably neat ar.d
handsome. On a table in the centre of the
drawing room is a large portfolio’ containing
several large and beautiful drawings, princi
pally representing landscapes and the sports
of the chase.
His library was not as large 33 I expected
t> find it, but admirably selected, and contain
ed information on every subject, “front the
cedar in Lebanon tq the hyssop on the wall.”
Iu his library I met With several bjoks I never
saw before, and never expect to see again.
This dwelling is also ornamented with minia
tures and portraits of distinguished men, with
whim he was intimate while in the service of
his country. Among the portraits there was
o;,e wh'ch Jack, (the lajihlul servant in whose
arms Mr. Randolph died.) told me was the
likeness of the celebrated Pocahontas. 1 can
not vouch for the truth ot the old man’s as
sertion; but, if it is hot a portrait of that H-’
lustrious personage, must he one of her near
lineal descendants. The sleeves of the dress
in which she is habited extend to the elbow.
The eye is remarkably expressive, and both
it and the hair are black as the plumage of
the raven. Her features beam with intelli
gence, mildhess and benignity. Though the
portrait is antiquated, and has been injured by
time, yet the form and features remain admi
rably distinct.
But let us now go from the portrait of Po- j
cahontas to the grave of Randolph. The |
body of this extraordinary man reposes be- i
neath the tall branches of a veteran pine, about
forty paces from this summer dwelling. No
marble marks the place of his repose. He
was buried, according to his own request, with
his head to the east and his feet to the west;
with a white unpolished stone at his head,
and a black one at his feet. He sleeps where
he lived in the peaceful bosom of his own na
tive forest.
*Many persons have supposed that the
Roanoke appended to Mr. Randolph’s sigua
ture was the Roanoke river. It is, however,
the name of a small creek which runs through
his plantation; which plantation lies several
miles above the junction of the iJau and
Staunton.
EXtensivf. Bobbery.—(JrTSaturday last,
a young man in the employ of Messrs. IVfaise
St DeCoppet. a French house in New York,
was sent to a Bank with the sum of S9OOO
in his posession. He has not since been heard
of. Ihe notes were—2 of SSOO American
Exchange Bank; 4 of SSOO Phuenix Bank;
2 of SSOO Merchants’ Bank; 3 of SIOOO
Merchants’ Bank; 10 of SIOO Lafayette
Bank ; 2 of SSOO Commercial Bank.
Another.—The Philadelphia Inquirersnys,
“We learn that on Friday afternoon, Mr.
Justice, a runner in the Commercial Bank,
was robbed, as he supposes, between the Gi
rard Bank and the corner of Third and Ches
nut streets, of a wallet containing ten or l 2
promisorv notes and checks, amounting to
about S9OOO, and Girard Bank certificates to
the amount of $1000.”
The Democratic Republican party of
Randolph are requested to meet at Culhberl,
on Thursday, the 19th of August next, for
the purpose of noniina ring candidates tortile
Legislature, and for county officers.
DEMOCRATIC REPUBLICAN TICKET
Randolph County.
Senate,
Geokoe W. llarrisoX.
Representatives.
Jacob B. Shropshire;
Zadoc Lawyers, Esq.
, Sheriff!
Richard Davis.
Deputy,
J. W. Gilford.
Clerk Superior Court*,
O. H. Griffith,
Clerk Inferior Court,
James Buchanan.
EXCHANGE & BANK NOTE TABLE
CORRECTED BY NORTON & LANGDON.
EXCHANGE.
Bills on New York at sight, 15 per cent preni.
Bills on Baltimore, 13
Bills on Richmond, 13 “
Bills on Mobile, 3
Bills on Savannah, 10 “
Bills on Charleston, 12 “
Bills on Philadelphia, ID 11
Specie, , *3
CURRENT NOTES'.
Bank of Columbus,
Planters and Mechanic’s Bank.
Central Bank of Georgia,
Ruokersville Banking Cos.
Georgia R. R. and Bankihg Company.
“ SPECIE PAYING BANKS.
Insurance Bank of Columbus at Macon.
Commercial Bank at Macon.
Bank of State of Georgia ahd Branches.
Bank of Augusta,
Western Bank of Georgia, at Rome, aud Branches
at Columbus.
Bank of St. Mary’s
Bank of Milledgeville.
Augusta lrisurance and Banking Coiiipany.
Bank of Brunswick and Branch at Augusta.
Mechanics’ Bank of Augusta.
Marine and Fire Insurance Bank of Savannah and
Branch at Macon.
Branch of the Georgia Raii Road at Augusta.
Pi inters’ Bank in Savannah.
Farmers’ Bank of the Chattahoochee.^
Ocuiulgee Bank at Macoh,
Alabama Banks, 2 pr
South Carolina Bank Notes, 10 a 12 prem.
Specie paving Bank Notes, 10 per cent premium.
UNCURRENT BANK NOTES.
Bank of Darien and Branches, 25 per cent discount.
Chattahoochee K, li. & Banking Company, bU to
70 per cent. dis..
Monroe R, R. & B’g Cos.
at Macon, , ■ , SO do.
Bank of ijawkinsville, 10 do.
Life Ins. and Trust Cos. 40 do.
Union Bank of Florida, 50 do.
Bank of Pensacola, 75 do.
COLUMBUS PRICES CURRENT.
CORRECTED WEEKLY BY HIRAM YOUNG & CO.
Bagging —Kentucky, yd 00 a 28
Indian, : : : “ 30 a 35
Inverness, : ! “ 00 a 25
American Tow, : : “ 00 a 00
Bale Hope, : : : lb 124 O
Bacon— Ha i.s, : 1 a 19
Sides, : : : “ 07 a 8
Shoulders, : : ‘? 00 a 10
Beef— .Vless, s : bbl 00 a 00
Friine, : : : “ 00 a 00
Butter— Goshen, : lb 25 a 374
Western, : : : “ 15 a 20
Candles —Sperm, : “ 50 a 00
Taliow, : : : “ 00 a 18
Castings, : : : “ 6 a 7
Cheese —Northern, : “ 12 a 15
Cotton, , s : 14 84 a 101
Coffee —Havana green, “ 00 a 15j
Kio, : : : : “ 00 a 16
Fish —Mackerel No. 1, bb! 00 a 00
“2, : “ 00 a 00
. “3, : .“, 00 a 00
Herrings, . : : box 00 a2 00
Flour —Northern, : bbl 00 a 8
Western, : ; s “ 700a 750
Countlty, t s • 600a 700
Grain—Uorii, : bu 00 a 50
Wheat, : : • 11 ,00 a 73
Gunpowder, : : keg, 700a 800
Hides, , : : : lb to 7 • 8
Iron, : : : r 07 a 8
Lard, 00 a ),<
Peas : : : : bu ?00 a 75
Raisins, : : : box 300a 400
Lime, : : : cask, 00. a. 500
Molasses —N.O. t gal 35 a, 37
Nails, : : : : lb .8 a 9
Poßtf,—Mess, : : : bbl, 00 a < 0
Prime, : : ; lb 00 a 00
Rice, : t. • • 14 00 a, 06
Pefper, ... ‘ . ... i tl2 a 15
Spirits —Brandy, Cog. gal 175 a, 250
Peach, : 5 • * 100a 125
Ample, , 5 (. • “ iOO a 70
Gin —rfoiland, : : “ 150 a1 75
Domestic, .• 5 : “ 45 a 50
Rum —Jamaica, : : “ 175 a 2 00,
Domestic, : : : “ 00 a .45
Whiskey—lrish, : “ o*> a4 00
Monongahela, : “ 8.7 a1 00
New Orleans, : : *5. 35 4O
SuotR —New Orleans, Ik 08 a 10
St. Croix, : : “ 12 a 13
Loaf, i 5 *\ 18 a 25
Salt ; : : : sack 00 a 2 50
Soap, : : : : lb 8 a 10
Shot, : . : : : “ 7 ■ 00 a 12
“married,
In Soarta,Ga. on the 20th inst. by the Rev. E. M
Pendleton, B. C. Yancey, Esq. of Hamburg, S.C
to Mim Laura Hines,
COUNCIL, chamber,
July 12, 1841.
Council met pursuant to adjournment.
Present, Aldermen Abbot, Clayton, Morton. Mor
ris, Quin, Williams and Wells. Alderman W ilhmns
in the Chair.
After reading the jeurnal of the last meeting, on mo.
tion of Alderman Morton, Council agreed to reconsid
er so much ot the action ofthe last tneeli .g, as relates
to granting M. W. Thweatt indulgence on his notes
due to the City Council.
AlJermau Morton ctf’.Ted the following Ordinance:
jl. Be it ordained, That the Council shall
annually appoint a keeper of the public mag
azine, with such salary as they may n.y, re
movable at pleasure, who shall, before he en
ters on the duties of his office, give bond with
not less than two approved securities, in the
sum of one thousand dollars, conditioned for
the taithful performance of the trust reposed
in him.
f?. It shall be the duty of the keeper of the
public magazine l , to attend at all times, when
required) between sun rise and sunset, (Sun
day’s excepted) as well for the purpose of re
ceiving, as delivering gun powder, to the own
ers thereof. He shall have a fixed place of
residence', which he shall advertise. He shall
receive all gun powder, and enter the same in
a book to the credit of the respective owners,
htsue receipts therefor, keep an account of,
collect and pay over to the City Treasurer
quarterly, all moneys accruing from storage ;
he shall hand iu tha receipts ol the City Treas
urer to Council quarterly, and at the same,
time exhibit an account of the gun powder in;
the magazine, of the persons from whom he
has received storage, and of the amount re
ceived from each up to that time, together
with a list of persons from whom storage is
due ; and it shall tie moreover his duty, if any
person storing gun powder refuses or neglects
to pay the storage due upon such portion as
may not be removed in twelve months from
the time Os its receipt after advertising in the
gazettes of the city for ten days, to Sell such
powder at public auction, or as much thereof
as will pay the amount of storage due, and in
every instance, he shall receive the storage
due on any gun powder demanded of him be
fore its delivery.
It shall be the duty of every person or per
sons owning or lidding gun powder within
the limits ot the city, to remove or cause the
same to be removed to the public magazine..
All gun powder which shall hereafter be
brought to the City of Columbus, either in
boats or in wagons-, or in any other manner
whatever, shall by the owner or consignees
thereof be conveyed to the public magazine,
within six hours alter its discharge.
The rates of storage for gun powder in the
public magazine', shall be one cent per pound
for the first twelve months or any part thereof
if paid by the owner in not exceeding ten day?
after the powder shall have been stored there
in, and one cent and a half if not so paid, and
half a cent per pound, for every six months
following, or any part thereof, to be paid by the
owner as the gun powder is taken away, or
sooner, at his option.
It shall and may be lawful for all persons
desirous of retailing gun powder within the
limits of the city, to keep in their stores for
the purpose, twenty-five pounds, but not more
at any one time, provided they always keep
the same in a tin or copper canister or canis
ters; and any person or persons who shall
keep gun powder in any other manner, shall
forfeit and pay a fine not less than fifiy nor
exceeding five hundred dollars, for each and
every offence.
It shall not be lawful for any person or
persons to expose for sale’, any quantity of gun
powder in any of the streets of Columbus.
Gun powder found in the streets, in viola
tion of this ordinance; shall be seized by any
officer of Council; and conveyed to the Maga
zine,’subject to the further order of Council.
If an affidavit is regularly made before any
member of Council by any person; that he
has good reason to believe gun powder is kept
at any place within the city, contrary to the
provisions of this ordinance, it shall be the
duty of such member of Council to issue a
warrant to the City Marshal"; to make search
for the same, and if found, to seize and con
vey the same to the public magazine, therfe
to remain at the discretion of Council.
One half of all lines imposed by the City
Council lor violations of this section, shall be
for the use of the informer. Which was a
dopted.
The following cornniinication was received from
Dr. William S. Chipley, President of the Board o
Health :
I’o the Honotable Mayor and Aldermen :
I have received reports from the Health
Officers of Wards No’s. 1,3 and 4, for the
month of June.
Ward No. 1. The officers of this Ward
find nothing calculated to produce disease,
but recommend lhat some attention be given
to the ditchbs leading into the upper setVer
so as to facililate as much ds possible, the
complete draining ol the valleys in the upper
part of the City. There is also an open sink
or Well at the upper extremity of Oglethorpe
street, which snould be immediately put in
order or filled up.
Ward No. 3. The officer of thi3 ward
represents the back yards generally, as re
quiring cleansing, and also many of the cellars
need cleansing, whitewashing and ventilating.
Ward No. 4. In this ward, the attention
of the public authorities is again called to the
condition of the brick building on the corner
ol Crawford and Ftont Streets. Almost all
the cellars in this ward need whitewashing,
and many of them are extremely filthy—es
pecially on the west side of Broad and the
north side of Crawford streets. The back
yard and cellar of the Columbus Hotel is in a
condition well Calculated to produce disease,
the yard being very filthy, and all the water
which falls upon the root and yard, drains
into the cellar.
The Marshal should be specially directed
to turn his attention to all the yards and cel
lars in this ward on Broad and Crawfoid
Streets.
No returns for June have been made by
the Officers of Wards Nos. 2, 5 and 6.
The citizens continue to enjoy good health.
No epidemic disease or wasting pesiilence
has yet visited us, and with proper care and
diligence on the part of those whose peculiar
business it is, to have all causes of disease
removed from our limits, we have every pros
pect of passing the season wiih little sickness
and few deaths.
1 he return of the Sexton for the month of
June, exhibits but three deaths within jhe
limits of tjie City, viz : three children, one 3,
another 6, and the third 15 months old.
I would recommend that the Sexton be re
quired to report to the Board of Health, week
ly, during the summer season, say every
Monday morning, in order that his returns
mav be published, and the public, both at
home and abroad, may be kept informed of
the health of the City. Our city has been
g.eatly injured every season, for many years
pas', by rumors,of dreadful epidemics said to
prevail annually amongst us. In my opinion,
the most effectual means of putting down
these false reports, and establishing that rep
utation of our City for health, which it so
well deserves, is a weekly publication, by au
thority, of all the deaths that may occur du
ring the season. Resp’lv submitted,
W, {3. CHIPLEY,
President of the Board of Health.
Columbus, July 29. 1841.
TO THE” CITIZENS OF COLUMBUS :
I TAKE pleasure in informing thejcmzens that the
City Physician, Dr. J. J. B. Iloxey. has procured a
supply of genuine Vaccino Matter, and bv application,
to him, can be vaccinated. I avail myse'.f of this o; -
poruinity to congratulate you upon the continued good
nealth of cur City, and upon the absence of all causes
within the knowledge of the City authorities, likely to
produce disease. JOHN L. LEWIS, Mayor.
Me DO UGA L D & WATSON,
ATT OR Nt SS AT LAW,
| Columbus. Georgia
RANDOLPH COUNTY—Postponed Sales-
WILL be sold on the first Tuesday in Angus)
next, at the court house doot, iu the town of
Culhbert, Randolph county,
One negro woman by the name of Edney, 17 years
old, levied on as the property of John N. Kelley, to
satisfy a £ fa issued from the inferior court of said coun
ty, in favor of Green B. Whaley vs said Kelley.
The south half of lot of land No. 113, in the 10th
Dist. said county, levied on as. the property of George
W. Ooilins, to satisfy sundry fi fas issued from a jus*
tice court of said county, in favor of Nathan G. Chris*
ti* vs said Collins. Levy made and returned by a
constable.
Lot of land No. 2C9 in the 7th Dist. levied on as the
property of Win. Weaver, to satisfy sundry fi fas is
sued from a justice.court oT Newton county, in favor
ofWm. M. Oockrftn vs said Weaver. Levy made
and returned by a constable.
Lot of land No. 191, in the 10th Dist. said county,
levied on as the property of Nathan G. Christie, to
satisfy a fi fa issued from the superior court of said
county, in favor of John Reynolds vs Joseph Jernigan,
.Henry C. Calhoun, Nathan G. Christie and Jonathan
C. Fentress.
Lot of land No. 253, in the 9th Dist. said county,
levied on as the property ofWm. G. Williams, to sat
isfy a fi fa issued from the superior court of said conn*
tv, in favor of Wiley Lane &Cos vs William G. Wil
liams and Brooks and Walton.
S. W. BROOKS, dsh’ff.
DIRECT IMPORTATIONS.
Cotton Bagging. .*
BY the Ship* Chicora and Lotus, the subscriber*
are in daily expectation offreceiving from Liv
erpool, large additions to their stock of Cotton Bag
ging, vizi . ,
Russian Hemp 43 inches, weighing 1 j lbs. per yard.
“ 44 “ “ 11 “
<i 4| “ “ l| “ “
i44“. “ H “ “
E.lndia Gunny 44 “ “ 1{ “ “ 1
45 “ 2- “ “J j
Tow 40 “ “ 1J “ .“
Also Scotch Sewing Twine and Bale Rope,
All of which v ill be offered to purchasers at prices,
warranted is low as those current in New York, for
similar qualifies. . ,ANDREWS LOW & Cos.
Savannah, July £9 [C. Day, Macon.] 25 5t
NOTICE.
WILL be rented at the Wharf in Columbus, on
the first Tuesday in August next, at the hour
of 12 o’clock, for the terra of twenty,years,
. i.. Wharf Lot No. 5.
The said lot to be rented for the purpose of a Wharf
only, and t> be improved by constructing a good and
sufficient wharf within two years, or to forfeit all
rights of using said lot thereafter, in any way ; but
nevertheless,qo remain liable for the rents. No wharf
age to be charged in any case, until the wharf is
completed ; tne rent to be paid, annually, and secured
by notes and good securi'y, and on failure to make
regular payments, the lease, to be forfeited and the
property to revert to the City Council of Columbus,
At ihe end of the lease, all improvements to revert in
good order to the. City Council. ?
By order of Couucil, July 12, 1841.
W. A. DOUGLASS, Clerk,
N. M. C. ROBINSON, Marshal.
July 29 - 25 It
A VALUABLE PLANTATION
FOR SALE.
THE subscriber, offers for sale his valuable plafhr
tation, consisting of Kiyht Hundred Acres, foiilr
hundred of which are in cultivation —situated on the
waters of the Uchee Creek, in the county ofßussell,
and State ts Alabama.. „ThSs plantation is seven
miles from Columbus, in a squill western direction,
and twp miles west of the road leading from Colum
bus to. Irwinton, and four miles from Fort Mitchell:,
The land is oak and hickory mixed with a little pine,
and the part pot,.in cultivation, is most abundantly
wooded. There are on the premises, a small frame
dwelling house—-a first rate gin house and screw; and
negro cabins sufficient tp accommodate sixty negroes.
There are besides on the place two wells and a good
spring, and every field contains runnieg wat’ r. Thin
plantation is situated in an excellent neighborhood
with church and school house in its immediate vicin
ity. The subscriber has no other motive in offering
this place for sale, but the fact that he has another
settlement lying vacant which he is desirous to settle
and improve.
The terms will be reasonable—cash or appioved pa
per wili be received in payment.
’ JONATHAN A HUDSON.
July &9 25 ts
E. H. PLATT, . .
ATTORNEY.AT LAW,
(Cuthbert,Randolph County, Georgia.)
WILL promptly attend to any business entrusted
to his care in the counties of Stewart. Mari
on, Randolph, Early, Decatur, Baker, Lee, Sumter,
Macon and Dooly, Georgia, and Russell and Barbour
of Alabama.
iieferences :
Columbus—Hon. T. F. Foster and Colonel John
Banks. !
Lexington—Joseph Henry Lumpkin, Esq. B. F,
Hardenlah, Estj. Lewis J, Dupree and George. F
Platt. tjj ...
Washington—Hon. Garne.tt Andrews. .
Macori—-Col. D. C. Campbell, Jerry Cowls, Esq.
Forsyth—Messrs Dunn & Martin.
Thomastoh I —John J. Carey, Esq. T. B. Bethel.
Flo.—William G. Porter, Esq.
Charleston, S. C.,— William Harris.
New York.—Messrs. Collins, Keese & Cos.
M arch II 5 ts
SPECIAL NOTICE.
SINCE the Steam Boat, Tallapoosa, has been ly
ing at the Columbus Landing, and a short dis
tance below it, she has been visited bv persons known
to the subscriber, and valuable irons, bolts, screws and
oiher articles belonging to th/e boat, taken from her.
This notice is intended to.apprise the individuals
who have abstracted the above articles fron the Tal
lapoosa, that they are all well known to the subscri
ber, and that unless said articles, one and all, aro
forthwith returned to him, he will immediately com
mence prosecutions agreeably to the. law, in such cases
made anthprovided. S. DUMMEtt,
June It 19 ts
TO BRICK .MASONS AND CARPEN-
TERS.
SEALED proposals will be received by the Clerk,
of tire Inferior Üburtof Heaid county, for the buil
ding of a court house in the town of Franklin, Heard
county, until the first Monday in June next. Kids !o
be for three sizes, viz : one 40 by 50 feet, one 30 by
50. ihe oiher 40 feet square; a bid for each ; the hall
and court room below, finished ; also a bid for each
finished complete, after the style of the court house in
LaGrangei or Newnan. For further particulars ap
ply at the Inferior Clerk’s Office. By order ofthe In
ferior Court. B. BLEDSOE, c i c.
April 22 11 to
HEAD QUARTERS, 10th Div. G. M
Columbus, May 24, 1841.
DIVISION ORDERS.—In pursuance of the
General Orders of the Commandcr-in-Chief, thei
following will be the order for the Annual Review and
Inspection of the 10th Division. In the county of
Talbot, on the 28, 29, and 30 June next.
Macon, 2,3 July
Marion, 5, 6 do
Sumter, ?, 8- do
Stewart, . 9, IQ do
Muscogee, 12,, 13, do
Harris, ‘<“• *> 14, 15 do • !
The Field Staff Company, and non-commissioned’
officers, will be assembled on the first named day, in
each county, for the purpose of Drill ; and the Regi
ments entire, will he assembled on the succeeding davst
for Review and Inspection, in conformirv with the
law. By order of DANIEL McDOUGALD,
MtTjor General, lOih Division. G. M.
BENJAMIN HENRY,
June 3 17 4t Division Inspector
. ~ GENERAL ORDERS.
Head Quarters, Ist Brigade. 9lh Division, G. M.
i Franklin, 20th May, 1841.
THE following will he the. order of Review and
Inspection foi the First Brigade, Ninth Divis
ion, G. M. viz . . .i
In the county of Heard, on Monday and Tuesday
the sth and 6th of July next., -
In the county of Troup, on Wednesday and Thurs
day the 7th and Bth of July next.
, In the county of. Meriwether, on Friday and Sat
urday the|9th and Kith of July next.
The Field, Staff, Company and non-Commissioned
Officers, of each county, will be assembled on the fii st.
named day, for the purpose of a Drill, and on the suc
ceeding day, the regiments entire will be assembled,
for the purpose of exercise, review and inspection, in
terms of the law. . , ®
By order of Brig. Gen. L. H. Fe.atherston.
*• ; J. T. SMITH. Aid-de.camp.
May 27 16 1J
REMOVAL.
D” R. JNO. J. B. HOXEY, has removed his of
fice to the raontqover the store of T. A. Bran
non, a few doors above Taylor and Walker’s, and
nearly opposite Col, John Banks’ Drug Store.
Jan. 12. 47tf
JOHN L. LEWIS, ~
IS my. authorized Agent to transact sny business
of mine, during my absence from Ooiumbus.
M. A. ROBINSON.
JuneS , l 7
BROUGHT TO JAIL
tlio 7th June, a negro boy JACKSON, a ’u
’ Ar 12 or 13 years old, yellow complexion,
about 85 lbs. and says he belongs to John cn 1 ’
Richmond county, Virginia, a tobacco trader 3he
, bov says that h'e lost his master between this place
and Montgomery Mr. James Bennett brother; to
Mr j. Bennett, resides in 1 alboiion, Da. Jhe
owner is requested to come forward, prove property,
pay expenses and take Jailor.
1 ColumbusGa June 17 19 x<