The Columbus times. (Columbus, Ga.) 1841-185?, April 30, 1845, Image 5

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DECISION. j In Talbot Superior Court March Term ’S4S Lawson B. McKee, ) Richard Barnes de- { Attachment & claim fendnmin nnach- or * h ; proper.y at mcnt ami John \ * acl,e,h Barnes claimant. J In this rase ;trt attachmerit was Irvird at the instance of Lawson B McKee Pi'll. on a negro slave as the property of Richard Baines defendant, returnable to this court, and jugdement recovered thereon, there be ing a defaitlt of appearance of the defen dant either by putting in special Bail or giving Bond, and there being no claims In terposed by any person, not a party to such attachment. And the Sheriff being about to sell the propelty le.vied oil, and against which the judgment had been obtained for and towards the satisfaction of the Pl'ffs. judgment In the like manner as if the same had been taken under Esc-cution ; and befote the sale John Barnes inteposed a claim for the propetty, which claim upon the motion of PHI’S, counsel wasordetetl to be dismiss ed ; and upon which the claimant moved • Rule Nisi, calling on the PHI. to shew cause why the case should not be reinstated, and the claim be permitted to proceed to trial. By the Statutes of ihlgJStato passed in Feb. 18th 1799, and the subsequent amend ments thereto, provision is made for the recovery of debts when thA same cannot be done by Ihe ordinaty proce* of Law. And in certain cases when the oldinary process of Law cannot be served a otebtort an at tachment issues against the JEsla/e of the debtor or so much as shall he of sufficient value to satisfy the (credliors)\jl‘ffs. de mand, the attachment is directed (k all and singular the Sheriffs and this State. And the same must be serd by the Sheriff of the county where the I j may be found or his deputy or any ble, whose duty it shall he to levy /hesame upon the Estate, botli real personal, of such debtor, wherever the s JpV may be found; and snail be I the officer thus serving and licly at the Court House at leastdays before the setting of the Court to the same is made returnable. The spiuie pro vides that all goods and chatlehvlanHs and tenements, shall be replevia|®by appeal - ance, and putting in or by the defendant giving bond lo ap pear at the Court to wliicli tne attachment is returnable to abide by and perform the order and judgment of the Coutt. See Prince’s digest 31 and 32—2nd sec. ol the act. The 3rd sec. of the act of 1799, Princes <2, provides that “If any attachment shall be returned, executed, and the property at tached shall be replevied as aforesaid the subsequent proceedings thereon shall be rlie same ason original process against the body of the defendant, where there is a de fault of appearance: “and all such goods Atand chattels, lands and tenements not repte- Bjoieri, shall after the pl’rt has established his RQifetiiaml be by order if the Court soli and disp isod of for and towards the satisfaction of the Pl’ffsjudgmenl in like man ter as if I the same had been taken under execution. The act of 1799 is amended by the act of I OSnd Nov 1814, which provides that wlteie personal property has been leved on by at tachment and claimed by any person not a parly to such attachment, that they shall by themselves, their agent or attorney muke oath to the property ; and the officer levying shall return the fact of such claim to the , Court to which the attachment shall be mnde returnable (except by act 30th Dec. 1828, where the same is levied on lands ot negroes by attachments returnable ‘o a jus i tires Court, then if land lo *he next Sttperi ’ or Court, if negroes to the next Inferior or Superior Courts,) and the Court shall cause anti issue to he made between the Plaintiff In attachment and claimant and the right of property lobe decided on by a Jury at the same term, (that is the appearance term of the attachment) unless suffi.ient cause he shown to induce the Court to continue the same. It will be seen that the preceding con tains the otditinry provisions lor proceedings bad in cases of attachments. That it is a proceeding by Statute against the. property | of the debtor, and not against the person, that it is a recovery against tlife properly of the debtor, ami not against the person, and that after judgment had by a plaintifl :u attachment against the propeily levied on by the attachmetr, there ‘s no provision at law for the interposition of any claim to the Same by any person not a party to the at tachment. The interposition of claims to property levied on, and tin trial of the right of pro perly arc provisions alone created by stat ute, and does not exist at Common Law. .And the statute only provides for claims in cases where property is levied on by Execu tioner when levied on by attachment, and when about to be sold by Executors or ad ministrators; as the property of their testa tor on intestate, the time ami the maniietof making the same in each case, is the pe culiar provision of the statute nod not other wise. an attachment in the manner preced ing as pointed put, and there is no provision otherwise, |SK It is insisted on by those who entertain a different opinion, and by counsel in sup port of this motion, that Execution always issue from a judgment on an attachment, and that there must be a levy of the Execu tion; 4 o that the claimant by virtue there of may avail himself of the benefits of the actoflS Dec. 1821, See Prince 448, which provides for the interposition ofclninis where property is levied on by Execution. But to shew this ground is wholly unten able, the attachment when levied, has per formed oneoftbc purposes of an execution, it is indeed the authority of the law for the seizing and holding the property ; and the properily levied otj is considered in custodia legis, and so remain unless claimed, until judgment is rendered againstjbe same, up on the Plaintiffs having esttMfehed his de mand which being done,statute then provides that 1 ‘till suck goods and eliatteh lands ami tenements not replevied shall after the ‘’ plaintiff has established his demand “be by order of the Court sold and disposed “of for and towaids the satisfaction of the “plaintiffs judgment in like manner, as if the same had been taken under execution.” Thus itwillbc seen that tho order of the Court being the authority of the officer to sell, the necessity for an execution in no instance exists, and the issuing one would be wholly tiseless, what is the execution to issue lor to seize the property. The original attach ment is a warrant of authority for that purpose and is authority to keep the same, and the order of the Court, the authority to sell, but. the statute itself forbids the idea of (he is suing of an execution, by declaring that the properly shall be sold in like manner as if the same had been taken under execution, but if the claim could be interposed alter judgment and order to sell, what would be the consequence, whyffthe property should turn out not to be subject upon what would the plaintiffs judgment rest. When would the officers of the court recover their costs, not from the Haiutiffs beanusp he liad not been either canbr had we. discontinued his suit, but had same to jttdg- j ment judgment would be > and set altltough there ex | isted no legal cariß foWhe same, the costs could not be recovered ofdefendan*, be-1 cause lie womkl be in uo \iise pi ivy to it. There \voulßbo mote apparent reason in behalf of litis motion if the statute authoris ing ptoceedings in attachments had not made ample provisions for the benefit of claimants. And that they may be advised of the levy, the levying officer is bound to give notice by advertising all his actings thereon at the Coutt House 30 days befote the c'oiitl to which the same is returnable that third persons or the defendants either ttfay replevy the propetfy by claimants claiming, or defendants either appearing or giving security in the terms by statute pre set ibed ; and that Plaintiffs shall not be sub jected to the difficulty above suggested if claims could be interposed alter judgment the statute provides that the right of proper ty when claimed shall be tried, at the first tetm of the colirt to which the attachment is made returnable, unless sufficient cause be shown to induce the cotlrt id continue the same. Now although the plaimiff'may nevet be enabled to establish any demand against the defendant, here is a provision for the trial of the right of prophity. And it is ob vious that it was never contemplated by the law, that after property was determined to be subject by permitting the Plaintiff to es tablish his demand and his judg ment against the property levied on that then the same could be set aside in this lawless manner. I believe I have shown that an Execution cannot issue against the defendant in at tachinenMKherc properly, lias been seized by attaeflrent in accordance with the stat ute letter or spirit. I am called on to eaplain the reason why the practice of iss Jig executions after judgment has been lid and for lire interposition ofelaims. If tliJbatute was ddjjbtfi.l. and a practice had Jeen obtained under it different horn the#pinion I might entertain, 1 would con form the practice, but if a practice was oUlained which is in the face and teeth of Ms Statute, it is my duty to change it Mo wever, thesame maybe coteniperaneous Jtvilli the statuleStself. lamat a los6 to de- Itermine what has been the ptactice, I have • always acted upon the views that I now Knteriain, although I have frequently known vie practice otherwise. It is clear that if ik practice is as has been insisted upon by tlVtlaiirlants counsel in the case, that it is wilLt any warrant or nutliotity of law, of law and would frequently stand hv < n lo sm-ccs.sf.illy prosecut ing to judgment, and then terposedwPßraim and destroy such rights as he had thus laboriously and expensively acquired. and But in conclusion if the statute did not set tle this question. I am inclined to think the claimant is precluded even under the com mon law rules. Since the argument had in this case I have been led to examine the common Law ns to the effect of a judgment in rem. And Mr. Slarkie in his work on evi dence lavs down as a text the following rules viz : •• Upon the same principles, adjudica tions in the courts of admiralty whether Domestic or Foreign Upon prize queslions, being decisions of an exclusive jurisdiction operating in view, are conclusive evidence upon tlienialter which they docide, when the same points arise incidentally tn other coutts ; whether they involve questions as to right of property, as in action of Trover, Sic. ; see Slnrkie’s tiv. Ist. vol. 23a. And the judgment thus rendered is conclusive unless it can be impeached oh thegfotlnd of Fraud and collusion, Mr. Stuikie says, is admissible in Evidence against one who was neither a party nor privy, to it, being “a di “rcet final and conclusive determination of •‘a court of competent jurisdiction upon the subject matter, Ac., See Ist vol. Slarkie Evi. page24l. The same doctrine is re cognized in the Supreme Coutt oftlie Uni ted States in the ease of Cvou-dson & Cos. vs Leonard, see 4th Cranch 434. Upon a full examination of this case, ami after hearing able counsel at length in behalf of this application, 1 am satis fied that the order had in this case dis missing the claim was in conformity to Law and thttfijhe same ought not to he re instated. Therefore, let the tide be dis charged. JOSEPH STUEtiIS, Judge, Towns and Smith, Jones, Benning and Junes Attorneys pro; Claimant. Hill and Owens Attorneys pro. Plaintiff’ , in attachment. f **■ “ THE PRESS. t , Mr. Cofdoza takes a graceful leave of the j editorial chair of the Charleston (S. C.) Pat | riot, which he has occupied with good effect . for many years. In the courfC of his remarks) Mr. C. uses the following language ! “But however high may be the moral ac countability of its conductors, the manners of . the community by which it is sustained, give form and pressure, tone and coloring, to its opinions. It is the image of the embodied | sentiment of the social body of which it is the offspring, and which becomes its constant I nursing mother. Now, who will deny that the example of decorum presented by the dailv press ol Charleston, is the reflection of - its highly cultivated sense of social proprie ty; that the absence of coarseness front its controversies is ihe fruit of'general refine- 1 ment ; that in the exclusion of calumnious I personality front its columns, even in the ex-1 cess of party rage and excitement, who will j tail to find the evidence of that forbearan l e which is at once the sign of charity, and the token of polished intercoutse. Charleston may, therefore, feel proud of her Press,-while that Piets owes to her all the elevation de rived from the observance of rules ofcourte-* sy, and principle* of honorable political war fare.;’ There is much truth int the above ex'racl —truth as it tegards the general remark upon the influence and operation of the pub lic press, and< also, as it regards the tone and character of the Charleston press in par ticular. No greater curse can befal a community, than the establishment in its rnfdst of a ve nal press, or the advent of an editor who, regardless of the importance of his position, is seeking to disturb the public mind, by pro voking excitements fur the 6ake of pecunia ry advantages, or temporary personal conse quence that may accrue to him ; who uses or lends his columns 10 gratify personal ma lice, and seeks to establish himself, and bis interests, upon the ruins of other persons in terests or reputation. There is a steadiness of purpose, a constant presentation, and sub dued, but almost irresistible tone of advoca cy, of a cause whielt a true editor manifests, n hicb, with the observing, are proof of hearti ness in the cause, and the token and means of success ; while the selfish partisan is only noticable at the moment when some event is at band, and is then most conspicuous in seizing upon some position that shall give permanence to bis zeal, and connect him di rectly with the success which, if his injudi cious action does not prevent, will come in spile of his selfish, his officious meddling. Time favors those who show tiieir respect for public virtue, and general propriety. At times they may softer from a refusal to share in the excesses of the selfish, ur the honest zealot, but they may safely trust to the sober second thought of the judicious, for a re-es tabiishmcut in all that we valued in what was withheld. Regina Mara Roche, the authoress of die ‘•Children of die Abbey,” died at lier rcsi ! derice in ’ Waterford ill the 17th ult. at the I advanced age ol Bt. The Editor of the Missouri Republican has received a ptajieftt of a goose egg weigh ing 11 ounces. From the Madisonian. GENERAL JACKsBk. It Will bAeen by the corßepomlence in our columnsV to day, that General Jack son declines tming his finalist in the Sar cophagus of S Roman ®ipress, prefer ring, in the sinSflicity of asrave and noble veteran, a toniMteside the* hum ble grave ot his departed entapit, wliefe the wild daisy blooms upon the vrf, ant* the green briar twines around thc|bead none. So sleep the brSte w sink to rest. In all their blest. NaVT PHILADELPHIA, \ ■\pril 8, 1815- $ Gentlemen : Tlwmterest which the National Institate \ms Ben pleased to take in the eventual of the remains of the honored Andflew la the sar cophagus Which If rougltflfrom abroad; and deposited in your list,tute,Bakes it my bu siness now to cofnunicateV you a copy of his letter of the Jjlh ultimoßtely rceived, on that subj ct M With sentinAts so congeniaPm hia strict republicanismVand in accordant, indeed, with the reptbliran feelings common to ourselves—he takes the ground of repug nance to connecting his name and fame in any way with imperial associations. We cannot but honor the sentiments which have ruled his judgment in the rase; for they are such as must add to the lustre of his character. We subscribe to them ourselves, and, while we yield to their force we may still be permitted to continue our regard lo the enduring marble, as to an an cient and classic curiosity in itself, and particularly in this country, as the first ofits kind seen in otir western hemisphere. From it we would deduce the moral, that while we would disclaim the pride, pomp and circumstance of imperial pageantry, as uidiilii g our institutions and professions, we would sedulously cherish (lie simpler republican principle of reposing our tame and houors in the hearts and affections of our Countrymen. 1 have now, in conclusion, to say that, as the sarcophagus was originally presented with the suggestion of using it as above mentioned, 1 now commit it wholly to the institute as their own and sole property, exempt from any condition. 1 am, very respec'fully, Y. urs, <Ac. JEidSE DUNCAN ELLIOTT. To the President and Directors us the Na tional Institute, at Washington. Hermitage, March 97, 1343. Dear Sir:—Your letter oftlie 18th ins'.., together with the copy of the proceedings ot the National Institute, furnished tne by their Corresponding Secretary, on the ‘pre sentation by von, of the sarcophagus fur their acceptance, on condition it shall he preserved,in honor of my memory, have been and are nuvfbefore me. Although Imring under gleat debility and offl.ction, frVn a severe jltlack front which 1 may notVecover, I vmse my pen and endeavor to Aply. Thfiteadiness of my nerves may ptlLtaps leaf you lo con clude my piostraiiJ* of strMgth is not so great as here expreßed. Grange as it may appear, my nerves <B asßteady as they were lorty years gotßbjßhilst, from de fa.lily snd affl ctinn, l®irtq)ing for breath. 1 have read the whBB-uceediiigs of the presentation, by you, sarcophagus, and the resolutions by the board of directors, so my fame, with sensations and easily to be conjectured than by pressed. The whole proceedings most grate ful thanks, which atßneHiy, tendered to you, and through ytW to tne president and directors of the Jalion* Institute, But with the warmest afftsaiioin that can in spire a gratelui heart, 1 miVt decline ac cepting the honor intended tt\ ho bestowed. 1 cannot consent l|at my mortal body shall be laid in a reposjory prepared for an em petor or a king. AVIy republican feelings and princ.ples Umni it/ the ehnplidi’ v of our system of rnment lorbiils it. Eve ry nt mumeniHrccted lo perpltuatc the memory of Mar heroes and Jstatestnen ought to bv evidence of Ik econo my and siAliciiy ol our repuoncan in slituiions, ml the plainness ok our re publican cit Kens, who are the siyereigns of our glcMous Union, and wlikse vir tue is tdrperpetuate it. True viue cans oo’ exist where pomp and parade me the governinglpassions; it can only with the peopjj—the great laboring and produc ing class* that iorm the bone and sinew of our confederacy. i For these reasons I cannot accept the honor you and the president and directors of the National Institute intended to bestow. 1 cannot permit my remains tn be the first in these United States lo be deposited in a sarcoi hagus made for an emporor or a king. I again repea 1 , please accept for yourself, and convey to the president and directors oi’ the National Institute, tny most profound respects for the honor you and they inten ded to bestow. I have prepared an humble depository f r toy mortal hotly btyjide that wherein lies rny beloved wife, where with out any pomp and parade, 1 have request led, w hen my God calls me to sleep wills Imy lathers, to be laid; for both of ns there |to remain until the last trumpet aotinds to ’ call the dead to judgement, and we, 1 hope, shall rise together, clothed with that Itea venly body, promised to all who believe in our glorious Redeemer,, who died for us that we might live, and by who-eatonement I hope for a blessed immortality. 1 atn, w lh great respect, Your friend and f> ilow citizen, ANDREW JACKSON- To Com. J. D. Elliott, United States Navy’ The sacophagus is of marble, and atias brought from Bey root, in Syria ( by Com. Elliott, having contained the remains ol Julia Matnmila, who was Ciueen Regentof Rome during the minority of her son, Alex ander Severus. It is aboni six feel in height and eight in length—similar in fotm to a plain cottage; the roof two feet ami a half from the ridgepoint lo the eaves, above which the corners p-oject nearly a foot, and are rounded inversely. The four sides are hierographicaliy embellished with repre sentations of serpents, festoons of fruit, heads surmounted by wings, ox heads, hu man figures, etc.; and the front porlion ol the roof also presents two rough ard unfin ished forms of tnen ( in a recumbent posture. The sarcophagus is broken in several pla ces, and a mere glance, without being spe cifically told, demonstrates that it has seen much service. To the living it seems any thing but a desirable place lor the dead. Give vour Childrkx a Newspaper.—A child beginning to read becomes delighted with a newspaper, because he reads of names and thinge which are familiar and he will make progress accordingly. A newspaper in one year is worth a quarters schooling to a child, and every father must consider that substantial information is connected with ad vancement. The mother of a family being one o( its heads, and having more immediate charge ofchildren should herself be instructed. A mind occupied becomes fortified against ihe ills of life, and is embraced from any em ergency. Children amused by reiding or study, are of course more considerate and more easily gonerned. How many thought less young men have spent their earnings in a tavern origrog shop who ought to have been 1 reading t How many parents, vrho have not spent twenty dollars for books for tlreir fami lies, who liave given thousands to reclaim a son or a daughter who had ignorantly and thoughtlessly fillett- into | A Double Faceo Newspaper.— The latest curiosity which has fallen under our observation in the literary world, is in the shape of a newspaper published at Haver straw, Rockland Go., N. Y., called -‘The , Protector,” and edited by T. J.&E. G. , Sutherland; one hall of which is Domocral i ic and the other half Whig. COIHHIERCIAL. CoLUMr>u9, April 30. Our stock of Cotton no t here, does not reach 4000 bales, and the receipts are next to nothing, with very lilile remaining in the country to come in. Since the receipts of the accounts by the recent > arrivals of the Greflt Western ams Caledonia, prices i have been very iffegtilar here—*l ho stocks on sale being very light, anti most of the holders being un- I willing to sell at a greater reduction than l c. per lb • The few sstltrs were at about fc. off. r We quote i The river is unusually low, and freights continue at 5i P?f COTTON. M i Receipts we A end ing ) m > April *26.1316, \ O4 J f Received PreVously.. ..81,134 M Shipped saine\eek .. Shipped previotsly.. ..73,71Jp \ — -f- 75,480 ‘ Stock on hand .. .J 6,303 Total receipts to the \ S same date last year. 61,720 [by the “caijkonia/*] LlVKttJabL. Report for the week ervlirJf. d|:i( 4 —Cotton is much * the sume to-dny as nt thaJblosyf last week. It has t not, however, been uniformly sßiiv, but on the con ( trary has undergonejfome sHit fluctuation and ! change. For until thßnorniug of Thurs day, there was a gra^al vieldinßand giving way hi ■ nearly all kinds [ erally. This dt cine was not ponaps quotable on any one davj during thnwhole period a . mounted to perceptibleAlf nothing had * intervened have had no'.vß return a scale of rates |d Jr lb. lower. Vesterdawnofning, hovr ! ever, it that the Boston amer, intend > e I ‘o day, h I been detained t&Govftrntuen** ITniver Jratfention was n’ once drawrAjUhis fact To sounded startling, and sci ions between the two The m.tprtv seemd lo regard it as nothing further than securing an eafly transmission of the result of the Debate which mav arise this evening in the House of Commons on the Oregon question* As to the question itself, ihd discussion may result in an addi tional assurance lo the public mind, that dll ground for doubt and misunderstanding is, and has been, re moved; and lliftt so far from this vessel having been detained for communications of a hostile character it mav prove to be quite the reverse. Its effect on our 1 market was immediate, restoring us to the full cur rency of last week, with a large demand both from ■ the trade and hn speculation. To-day the business is pretty well kept up, but without ahy undue excit - m nt* Nine thousand American, 3<K) Sura', and ”200 Egyptian haVe hern taken on speculation, and 2100 American, 250 Pernams. and 100 Madras for , export. Thfc amount of sa cs altogether is 30,450 bales. (Prom tht Circular of the United brokers.) The demand was limited in the early part of the Week, arid American descriptions being very freely offered, lower prices wore submitted to. On Wed nesday fhefe was a good attendance of the trade, who purchased freely, and yesterday a considerable busi ness was dofte on ■peculation, which has given a firmer tone to the market, ari l prices close steady at the full qdeflations of the week. Bfariil, Egyptian and Surat, remain without any change. Specu'ritCrs have taken 9000 American, tfOO Egyptian, and 400 Surat; and Exporters 2100 American, 230 Pefftam and 100 Madras, and there have been forwarded Into • the country unsold during the past month, 6020 American and 140 Egyptian. The sales oftlie week amount to 50,450 ha'es. Saturday , April sth, 12 o'clock, at ATdom—f)iir Cotton Market is rather quiet to day, partly owing to the trade having supplied themselves pfelty fully, ami also the news of the additional dn> es irftposfcd upon manufactured goods nt Calcutta has had this tendency. The sales yesteiduy were 8000 hag', in cluding 2000 on speculation ; to day they wi'j he very much smaller as little buainess is done here ott Saturday after this hour. FORnceV ItARKXT*. Antwerp April I.—Rice was much inquired afterj and held at firm pfice*. Cotton of all sorts went 1 cent lower, and the sales were confined to 120 hales New Orleans, besides 150 bales East India Os which we could riot !e rn ihe price. The arrivals since the ro-onening of our navigation amounted to 2343 bales. ttavre JStdrth 23.—Tii cori-equrnco of our low Of.t on prices, the demand for this article sirice our 11*t Has again increased, and very ordinary Mobile deliverable (in arrival in oiir port, has been sold ou the basis of 53 fr, and ordinary at 60 fn . COLUMBUS PRICES CURRENT, e corrected weekly, bt 1 JOHSf . BEERS. , Batrglfiff— jYttßs—Swrdes India 4(5 in. yd. 11 iron. 4a 5j ? Inverness, - Oils —Winter lamp i Dundee, per gal. ISO a 175 Tow, Linseed, II a £ll Bute Hope, lb. 1 i 4 ‘I rain, 65 a 80 1 Bacon —Hams, 10 Pninfa—While dues, 7 Lad, keg, Si a S3 Shoulders, 5 Peas, bn. 75 Hu* round, 5 Pork—Ptck ! Be</-J > ickled,bl flO led,bl. 8 a JIS j On foot, lb. a Fresh, lb, 3a 4 1 Butter, 12 a25 Rice, 3n 6 . Candles. Salt, sack, 81 75 . Sperm, 37 a42 Shot, bag, >i (I Wax, 4ft aSO Soap, 5a 8 1 Tallow, 12 alB SW—Cast 20 a25 Castings, 5u6 German, Ift a 18 Cheese —N"flh- American, 12j alB , ern, 10 14 Sugars —West , Coffie, 6a 10 India, 9a 11 Colton , 3 a 51 New Orleans, 9a 8 1 Feathers , SO a35 Loaf, 15 alB Fish —Mackerel, Lump, 12 a 17 No 110 3,hi. 10 a §2O Spiiits— Brandy I Hering, box, 1 aslf Cognac, gal. 2f a 5 Cod, Id .5a 0 Amerituin, 60 aSI dhad, r’ \ 820 Peac 75a)jt! Flour —Noilhii. Imp 7 ApplJV 60 a75 Country, . $5%0 ljaS2j Fodder, owt. 75 n Grain —Corn, .50 a 77k Wheal, 75 SIX “®^Mononja- Ont* curt. 50 kM hela, 85 aSI j Glass, box, 2ass£ %VVt r estem l a26 Gunpowder, keg 9as7 j Gjpiolianti, I| as2 Hides, lb. 8a 10 ~flPtynericKfi, 35 a42 Iron —Swede?, 5 $ T English tire, fifl a 75 ’ r^ad ~ * J* l fj me, casts, SjP Sherry, as3 Molasses, gdt. J®7 | Chaitfp tigneVl 15 a $25 Sjrup j Claret bo*, 3a $5 ,W I Malaga, gal. 50 n65 ’ Jf j Port lad karris sheriff sales. WI LL be sold on the Tuesday tn JUNE next, before the Court House door In the town of Hamilton . Harris County, within'he legal hours of sale, the f>llowin£ property, to-wit: One lot of land, No 21, in the third dist ofoVigi na'lv Troup now Harris cotrnty ; containing 202 J aefes more or lea.*, levied ons to satisfy three fi fas, , two from <htf Justices Court oftlie 786 1 h’ dist G. M. Rufo*rt i*. Hendry vs Neal F, Hendry, rfnd one* iff fafor of John 13. Hatchet, vs Neal F. Heridry. Levy made and returned by Jam es E. Holt, constable. Also one negro boy, by he name of Maf-hfal, about 21 years of age, levied on to satisfy one fi fa, from Harris Superior court < Henry H*- Lo'we vs Thomas Mckee. THOMAS A. WILLIAMS, Sh’ff MORTGAGE SALE 9. A 1 the same place, on the first Tuesday in July next. Cne negro man bv the name of William 30 years of age, levied on a 1 the property of James M. Me- Gchee to sausfy one fi fa from Harris Inferior Court; Echols Foster, vs James M. McGehee, property pointed out in said mortgage fi fa. THOS. A. V\ ILLIA MS SHi’ff. THOMAS PRESTOXg COMMISSION MERCHANT APAUACIIICOLA, FLORIDA. WfLL continue the Com nission and Gone al Agency business at Hie itbvve p'are. The usualLcUities afFrdd to all those disposed to ship cotton* to any Foreign porf, or oiy port yi the United States. Rec eiving and forward*** business, slrtotly . ail l promptly atten led to’ i Agnl 30 1855a 15—ts. j BANK OF liUUNSWICK. STATEMENT Os the condition of the liank of Brunswick, Augusta, on Monday , the 7th day of April, 1845. RESOURCES. Notes discounted, |tso 179 73 Biffs of Exchange, Boston, N. York, Charleston, Savan- u lift I ', and Apalachicola, run ning to maturity, 174.305 00 Bills and Notes iii suit, 2.19 H 81 Hills and Notes ni\t due, 8J,54l 11 Due from other an da Agents. I 51,179 60 Georgia 6 per cent. ninety-seven huridi e<Wl fifty dollars cost, ■■6,503 7b Georgia 8 prr cent forty-four thousand nrrp nine hundred dollars est, Georgia Rail Road ams Hanning Company Binds, B,2o<^B^-$59 .4*o 76 Merchandise taken forA.bt, 17 Personal Estate, f 61 38 Profit nnd Loss, 1 698 19 Expense Account, 9,540 39 Postnge Account, 596 28 Protest Account, 24 75—-11,8-17 Cl Bauk Notes not current, 918 00 Bank Notes of specie pay ing Bank*. 19 625 00 Specie hi Vanh, $100,076 56 Specie in Col umbus Agency, 4,724 07 Specie certificates Marine and Fire Insurance Bank, Savannah, 10,000 00—115 330—135,923 63 $573,832 80 LIABILITIES. Capi'al Stock. ft 200,000 00 Notes in Circulation—old issue, $16,297 50 Notes in Circulation—new issue, 202,631 00—218,928 50 Certified Check* in circu lation, 182 CO Due to In ’ividual Deposi tors, 62.050 73 Due to Georgia Insu rance and Trust Com pany, 27,355 46 Due to other Banks aad Agents, • 24,937 82 Exchange, discount ar.A T interest, I 40 378 29 jl $573,832 80 GEORGIA, Richmond Cpfl|rfy. Before me, John C. LeanerVi Notary Public in and for the county afof(id, pwionally came Ed vVar<i Thomas, Pres’deni. and Jmin Craig, Cashier, ( who, being du'y sworn, depose and ay that the fore going return exhibits a true and correct account of ihe condition of the Bank of Brunswick at Augusta, according to the books of said Hank. E. THOMAS,President, JOHN CRAlG,Cashier. Bw(jrn to and subscribed, this twelfth day of April, 1815. J. C. Leitner, Notary Public. IIANINGTON’S mWIAMAf. with Vie f ITALIAWAXTjIMIJII. COMMF.NCINQSk ’ipiimsnAY EVE NING mz/s’V/at JOHNSON'S BUIL.DINUS, Cornor and Oglcthort>e Order of the Rveniny^^Biibition—-Grand ino ring IJioram,, l.ANO SCAPK—Beouliful s/enaf the ISEDA SORA IN Dioramu, tire STORM AND /stjni’WirHk*-- Magnifit.nt ! itiorama, the FMItT To conchitle whh iKel.ife-Mi/U’AUAN iTOCCINI,dr Llt.uPtJTiA/ family. AtiMISSUbN SO cents. C! sorrante jjtjo/J/wfien *t 7 j to J to S MUSIC AT COST. HAVING vet nn assortment of new and nopti lariMffslc arid luslructibn Books, nnd being . drmrolls of making a clean stteep, and leaving ‘he business entirely to Mca<rs. Bruno dt Virgins. We will sell at greatly reduced prices <>tir rnmairiing stock. J. M. TARBOX & Cos. Apiil $0 1815. 18-It New Book-Store. I)li TI ST Y. DR. O. P. LAIRD will leave- for the North in a few dava, to be absent till Ofcfdber. N. B.—His office will remain closed duririg his ab sence A few ounce* df best gold foil, for sale. Columbus, April 30, 1845. 17—It S. LESSERM AN, & Cos. HAVE JUST RECEIVED; A DOZEN Choice Bonnet's, such as—open Leghorn, Lawn and Straw ; also, an assort ment of children's Borin* US and Hata ; all of tht Id lest style. Also, & gobd assortment 6f £irinma arid Leghorn Hats, for gfentUrfien, together with a full supply of diff-re t Articles,sufch as arc usually wanted sot flie Summer, which are too numerous to mention, and will be sold with a small advance on cost, for cash. April 30, 1845. f B—ts SPRING & SUMMER CLOTHING. 8. b. Hamilton, (Next Door to J . Kiilin .) AS Commenced receiving a large Stock of JHII. Spring and Summer Clothing. Blue black and green cloih Frock and Dress Coats; DrapdV’to, Frofc* and Dress Coats ; Croion do do do While, brown and cheek Linen, Frock and DrcSs Con is ; Twe'dea Frock f.fid Sack Coats ; Pantaloons and Vests, ol every fafiMy and descrip tion of Good*. Shirts, Drawers, HiwdkerchicfH and Cr&vatsi Tie # arid Stocks, ofrevery tarj- ty. Silk ami t C est on l)mhrel!iift. Ha.'fl aq4 Caps, and every other article of Genfte inen*# wear, soifable for the season. _Apn130,1645 18—ts NEW HARDWARE. j. ENNIS, &i Cm HAVE just received a large and well seleri'ed stock of HARDWARE, in addition to their former supply, to whifch they would Respectfully soli cit the attention of the public.- Among their assortment may bo found, Table and I*OCkCt Cllticry 9 al* <| ali<ies and prices; Files, every vamt/. and oi ihe best stamp— Shovels and Spades* “A mris 1 ” celebrated make—ls Materials of every kirid —Smith’s Tunner’s and MecriNtiica’ r FoolS of all sorts. steel nnil Iroil ’l n 1 Spikes, Ulill Irons Eastings ut varicii- Kinds— Weeding Hoes, Scythe BiadCS s*c. &tc , together wun every arucie usu ally kepi iii a Hardware Store. N.- B Purchasers will find it ttf their interest to give us n Call as we ai’e and tertmiied to ?51l our goods at very LOW PKI j. K. & Cos. April. 30, 1845. ” I'crdigt ls Oil, PUT up in 2,3 and 5.b (Jamaler*, For sale by PAUL ROSvSIGNOL A pit! 3) 1845. At the Blue Drug Store. Cooper’s Isinglass or Gelnlitie, PUR sle b- PAUL KUSSIUNUh. AprilSJ 1845. At the Blue Drug Store Revraiui’sTonic HixtureJ A PERMANENT cure lor fever Hud gu Fov sale by PAUL ROSSIGNOL. April 30 1815. Atthe B'usDiug Store. _ Henry’s Calcined illngnesfa^ A Fresh supply ioat received by, PAUL ROSSIGNOL. April 33 1845. At ihe Blue Drug Store. soda water: soda WATER! (At the Blue Drug Store.) ALSO. Mineral Wafers from the celebrated. Springs a’ Saratoga ; Congress, furfino and Paul ion, will be constan'lf received fresh and cool. For sale bv PAUL ROSSIGNOL. April 30 1844. Al the Blue Drug Store. Couch, CotNiil and dfriglit Varnish. FOR sale by, PAUL ROSSK3NOL. April SO 1844. At the Bine Drug Store. Fresh Tamarinds. ■ NOR su e by PAUL RUSSIGNOL. Jr April 30 1344. At tbs Blue Plug Store. French .Hnstard and Sultid Oil, .-ale bv PAUL ROSSIGNOL. |J? April JO 1841. A. the Bite Drug Store NEW GOODS! Has just returmkl Ncw-York, daily rWiving his STOCK OOTiOqpS, wliicli has been great care. Rnfident that those who wish clioicP patterns, and will bo pleased with his assortment. ■P Amour the Stock u'ill he foumL: DRESS <4OOWf. SIU OODS. Rich An striped BalzOnnX; Buprr block i<lth ) ” co ' ore< ! ,®' ra 6ri •• GroOilair; fffM Light Plaid Silks, fo^^Btmer. IVVSLIN TI QM I^ll^o9. Rich Tnrlton Musluis • Rich Swiss M uslin; EnS(s ; Marquise Muslins *, # no,. nise™ig; Handsome Jiutml Lswns ; “ J.ickonett Edyiiws Rich Fottlaß Ginghams f u lnsfciWng; ■ Half Mourvng Musiins/ “ ■ Rich UmhrnKviuslins ; • 11 Gimpure *’ ‘ • RlSl PRINTS. FANCV.’sCAffig. French Hr.X.w V frn, ; Huh AkKunml •’ j•• Sm.ll Locy toifee nec^.^ vjpp \ Super Elastic C 4 fliAr<vs , I Rich Satin’ ■ Sniped and ■■■do; 1 Marseilles fancy Linen g ; | V alt nt ia do Lion and Cotton Pantaloon Stuffs. HOSfERV AND GLOVES.* Ladies’ super WBlelsilk Hoser I Ladica’ Twisted Silk G'ovea; 4k uiack •*- I 1 ‘*• Mitts, “ Waite ind Bt’k Cotton do. I Gentlrmrn'a LinenGlovesi * Linen HKe. ! | 1 Lalies |nd Gentleitien’a super Kiri Glovei, all colors} Qifipsjfeml Fasltionabie Trimmings, sot; Ladies’ dresses) 9 SnJpi'i Ifnen Cambric and Linen Camtyrio Hatlierchiel's ; Gdntlipinfcn’s Spitalfield and Pongee Handkerchiefs ; Parasols, and Sun Shades. I / I ] OCT* Mri. DAVIS has received her usual Stock of Rich Fancy Goods, wtlch will co.npare with anything in this'country in beau ty and Stwo. \ J STAPLE GOODS] BlJtched and Brotvn Sheetings, at the lowest prices. 05** Alstfcn great vnflety of other Goods, all of which the public ara respectfully in-* vlted lo calplnd exiunliiL'. j Columbik, Aptil 30,. 1845, f 18 —ts ASnds Sursapjirilln. ND Rejat-dy fur ealt R(< un% tor oule by M i Pf SD f WILLOXX. April SOL* Near the MSVet. ~T “ *iTr7i iitlljn, / For Lit ip oil, at Ii M I )JiD 4 WH/UOX. April 30, ?45. r Near thyMurkei. Fro ilt i'OHjf rts Wa#r. FRIiSlt II pint bolt,e jdei tor sale by rrto & \WLLCOX. Ap.il 30. > Market. Sm lh T s <6a KVarnisli FOR ran by P*Np i/WlLl COX. April 80, 1845 m | tp\r the A F,r,, T Pol® ittLCOX. April 4). MNearttlitf Market. Uru-kiuii IlfiisliVs. AN ds,orXiont,lor>ale M * 1, * PO®> # Wp.LCQX, April 30. 1145 g NenlOf Market Eait He dSognd. • e " T 'r ‘ tuaU MT* rtiiiyctre- AphlSOjliw. T f *>cr < Market. Ban* s/fslpartiia. ~~ FOR sale i* / p*,o IS wlllcox, Apr 1. sl IBl.il g iMgl Market. CarpcAerfESWitel Bi tclitt- PUR u.tfouA Ot/he knljftf.s, Stk. ft Sale *’V_ I T w llcc a, April 30. f Nuar II Mark.t. j U,itrd|Oili For sale b® PmNO & W IXCOX, April 3<y Near it > Market. BlaiJ Lcnt&riicil) es< FOR saleP*p W -L'-OX. April ■■B4s. W NAarJ i Market. | T <><■ Pastei I ROSE uvoril. for sale hm M T PONDBL WILLCOX. April the Market, j BAiil isHhiKiW SAbiisi WILL be sdM on the first Tuesday fkJUNK nexf, befortShe Coitrt-hnuse door in Early ihe usual hours of sa” the fallow irig l>witr j Ons town’ lotviri thp town o’ Fort Gaim, No’, riot krtown, l ing ajkiosite and west of VVilMm’s Tavern, having thereon a two story building arp other im provements, ns the property ol SilaJjW fson to ratis fy a fi fa issued Rom Early Superior tfourt George G. Miller vs Joseph P. Hard6e and frl&s Wilson. Pointed out by Sflas Wilson. Jf • Lot of Laud No, 405 in the 4lf Diic( of county at*'heproperty o*. Nell Urcrivart to]satisty aft la issued ft ont the Sripn'ior Qirt of Soni|ir county MordaCai Jenk.ms vs N-il Wquhait. Prop erty pointed out by Pi?ff. Mm.. Fractional lota of iarrd Nris. 28® and 3 20 iri the s'h Disinet Eetrly county as the ■*, ertv of Edward W. Gill to satisfy a fi fa the Superior Court of said count”, Joan Dill ■[ Cos., vtf. Edward A. Ware, Jd-eph P. Hafaee aS Edward W. Gi 1. Property p tn ed out by Fain rtf’s Attorney. \ „ , Lot of land No. 24 in tA#th ff'-fict of Early county, a s the property of J. Bush to satisfy sundry fi fas issued from a ■‘tire’s Couft of said county, W.lham Allman vslid Win. J. Biishf and other'li fa vs said Btob. i#y u-aaa arid rotririud by a cons’ablo. t \ Lot of land No, lo£ in Me ®h district of Earlv county, as tire property oftp\ r illi*n Suttin to satisfy a fi fa’ issued f oin the S>u*rioi Cottt’l county William 1 Dees vs UeorgrfW and William Wear lWlfofLot ofla#d No. U)dLn the 26th dirt, of Early county, a the f ropfet ty of wham R. Shef field lo'aatiufy two fi (Vom k Justice’a Court of sard corrnty, Joseph Thompson vslshum ft* Shef fieldand Hrinry ftf PliMips vs Istiam V Sheffield.— Property pointed okjt m defendant ; Iwy made and rcturneif oy a coti*.aß. V SALK \ East half of lot of Bid No. 100. in the district, of Early county, as ftte property of Shef field, to satisfy fas; issued from a Justice’s court of sail county;. Jaiios G. Collies, AdmV, de b >nis non of the estate rif Archibald MHfe dec’d. vs Isham ft. Sheffield niWv William J. Rush, and other fi fat va said Sheflltdß; Levy made a> 4 re turned bV a cons'ab'e. fy Lot of land No. 160 irttqj Si h dfstnrit ol Edriy couWv, as the proper>f Irtomaa B, Peterson ol satisfy fa issued Cmh) Court of •■■ county, John Hardee: p Btimm’S IAMB. AGREEABLE; f auorder'pt the Hotorabe th I ** Inf ‘rich diurt of Harris dpunty, while §>t ting for an ord'rivirl ptiqioses, Willso'd on the first Tue'sdav. nr/uty hef r e ’V 5 cour * house door in the ‘Jfow/of Maficua, Col)b .county wtth'n the legal Uotintf Bale, lot of land No., 1142, iu the 19ff, district ani second section of formerly Cherokee new Coob cofnty.soM as the property of Martha Hopkins. Lte Jf Harris county dcc.H.isedj^jj^^ WILLIAM April 30th I*4* TALBOT HHEhIFF SALES. WILL be sold on the -first Tuesday in JUNE next, before the Goutt-house door in the town if Talbotton, Talbot county, within the legal hours of sale the following propeffy, to-wit: One nbgro girl by the nahie of Caroline 18 years old Ifevied on as the properly of Robert J. Sherrard to satisfy afi fa front Tafctrt Superior Court the Central Bank of Georgia <4 Robert J. Sherrard. Aiso, one lot ol land in tra 17tn district of original-* ly Muscogee, now Talbot c'Ainty, No. 27 containing 202i acres more or less levied on as the pfo|eriy of Charles Evans •<> satisfy twnfi fas ffom Talbot In ferior Court one Charles V\ o&d vs Charles Evans and one William Stallings Administrator of David Sauls vs Charles Evans. Also, one negro hoy Hill, l%ied Ori as the pro|>erty of Richard Kemp to satisfy attachment fi fa trorrt Talbot Supertof Court, JamertC. King vs Richard Kemp. AI?o; Asa Daniel’s inieres(W7o acres of land, No. not known, it noing the place wliereOn Asa Pye now lives, adjoining the land of William Owen in the 2Sd district of Talbot county, levied on as the property of Asa Daniel to satrsty five fi fas from a Justice Court of Talbot county, Jacob SistrunK vs Asa Daniel, Levy made and returned te me by a constable. JAMES K. GIDDENS, Sh'fL if TIIK SAIVUtfkBbIE AND PLACE: Will be sold property to-wif: One negro wbman name of Mary 35 years old, levied on an the property of Hartwell Harrishn to satisfy a fi fa from Talbot Inferior CourtlMi Irf Rip ley & Cd. vs Hartwell Harrison and Ur mb P. foid security. L A lso.%rte negfhman bn the name of Tom 50 years old, levied on as the prbpArty of Mafy Jerrtfttfttfn to saiisfy afl fa from Cottrt, Thomas Sc Downing vs Mafy Also 506| acres of west haif of lot No. 46 and lot !■. 5$ and 189 all in the !sth di^ trict nfofigirtSly Must-Ogee now Talbot county le vied on as t h eqp roper ty ot Nelson Flourrtoy to satisfy ! a fi fa frotn T&ffiot Superior Corir*, Bank I’ of Georgia vs ■[lson Flournoy* W ■JOHN D: rd/tTMb, D. Sh’fT. ■)RTOAGE saldT Al Ihe tdtrik pike icill />6 sM on ihe first ‘ruemay in Julyfnex! % v 130 acrg of lot 4f land No. SWtw tho 17th distnet of Talbot county ilbefng the rprtlieru and western portion of sard lot miown inof/ particularly as the premises whereon LJtarles EvJhs had a mill, levied on as the property lpf ChftrJa Evans to satisfy a Mortgage fi fa froth Talbot Swperioi Court, Tiiomaa M. Evans yt Cha> !e%Kran/ ES f.. GIDDENS, Sh’ff. Mort&ac£ sale. iack a min &0 yearl -wage, Jliiney a wotnsn t# fchra of ago and” AugLutue a child live month* old levied bti as tho ptufew fi* John K. ThomptfoiVlw satisfy onfe Mortgage fiK from Upson loft riot Court JefTerdon K.Tompson J. John F. Thompson. JOHyip. MATHIS, U. sh’ff. RANDOLPfUSUBRIFF SALES. W ILL bo sold allin first. TuesdayJn JUNE next, before/the Jpourt-housd’ door in the town ofCuihberi, Rfedotlh county, withi.lhe usual hour* of sale, the property, l-o-.it: Lot of land No. IBS in the 6th district of said coon* ty levied on aa the CroprrtV of Gabriel Jones, to shril ly one li fa issucdTom thi Superior Court of said county in favor ofAVm.'l abor va James Rani, and Gabriel Jones, f Lot,o( laj’d Nqf 93 inthellth ih trict of said coun ty levied on as tie propertmf Bird Martin to sausfy two ft fas issue* from Court of said county,-in f.ivoJof WilliSßs.awson vs Bird Martin the other m far of DavtWiarrell vs Biid Marlin. Six acics otft of land (W 193 in the 9ih dishid if said cotmty’lt being tho Brt of said lot vihareon W. B. Smith now lives levlSi on as the properly of. \V. B.omith o vat'sly one Hfa i.Sued from the Su perior Const o said county itftfavor of VVm. Rhodes vs W. B. 811 ith. I Three negi ies, Charles a Van 23 years of age, Rho a boy 16 ear* of age, MBv a woman S3 fear* of age, le.vied nas the proprMy of Jnck Wilborn dec'ii, to satis ’ sundry fifes inOd from the Superior Court of said oontv in faror of Richard L. Simms and others Elizabeth Kxi% o. Jack Wiliborn dsc’d. f Two negao girls vfc • Gmneyabout W years old, Edney abdbt 10, levied On as tM property of Whit field B. Smilh to satisfy sundry Stas issuod out of Juati'e Court ot said county in Vvor of JUilton J. Ballard vs tV. B. Smith John I’dlloe.h rs Bryan W. Bmitfi and Whitfield B. I tuade and returned to mo by a c.inst.blttiyH Lot oflanti No 107 and south ha*.of|oi pfrv. 119 Ijtoth tafVte ftXh (thilMCi of and county levied on as one property ot Tho&ts G. CarmsgM* satisfy sundry li Ins issued from theVu|icr<or'Ol|M|f *sid county in favor of Benjamin Ikbbott vs Tlioma. J. Cannon. n ‘WHS Lot of land No. 70 irnhe dtltffifistrict of aaid coun ty levied on ns the prnpeV oWvathan G. Christen, to sa isfy two fi fan one ismedprom the Inferior Court of said county, in favor nTwAnua Hadden va Na than G. Clirtsue, one frotMlie Sop.j-uir Court of said county in tavor of H|y Bays vs Matheiv Bailv and Josiali Baity an J&ithan 6. Chnstee in dorser on said fi fa. j T . ‘ joj Jy W.muiLFOUn l, s M by*. U. .o’d,