Below is the OCR text representation for this newspapers page.

,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<