Newspaper Page Text
CtrEfwwi*
COLUMBUS, GA.
WKD.YE9DAY, MAY 30, 1846.
-j m ■- . ._■ . t ■ g-y 11 ■ * —--
* Tiaa Office” on Randolph Street, in thf
Odrthorpe Bnilding, in rear of the Post Office.
THE WAR SEWS AT WASHINGTON
CITY*.
Th.“ stirring news from the Kio Grande lias
reached Washington, and wc have the first re
verberation in a prompt message from the Presi
dent, recommending energetic measures and the
ready and patriotic action of the House of Re
presents tiffs in response to them.
Wc regret that wc cannot speak of the equal
ly ready movement of the Senate. That dis
tinguished body, has of late, become so exces
sively sensitive and chary of its dignity, that it
rinnot make baste even to be patriotic and to
•dop* speedy measures for (he emergencies of
Mtional defence. While the blood of our gal
lant officers and soldiers, shed by the invader up
on American soil cries aloud for redress and ven
geance, American Senators throw themselves up
on their dignity,” talk of “ calmness” and the
** friendly Republic” of Mexico, the gross impro
priety of Gen. Taylor’s position opposite Meta
moras, dtc. &r. All this, to say the least of it,
was unseasonable, and even the willingness ex
pressed by all these censorious speakers to “rote
supplies and troops, does not rescue such senti
ments at auch a moment, from the charge
of being grossly mal apropos, and inopportune.
In such a debate it is refreshing to come across
the remarks of M'-Sevier, the Senator from Ar
kansas. lie said the Americans were the most
unfortunate people in the world. They were
always in the wrong ; in the wrong, five years
ago, in the case of France; wrong lately with
Great Britain ; wrong in the Seminole war; and
now wrong again with Mexico. He hail hoped
to ace this countiy right once in his life, but he
was to be disappointed.
The H ousa after an animated debate, have
paved a strong war hill, appropriating ten mil
!nti. of dollars and authorising the President to
•crept the service* of 50,000 volunteers. The
years were 175, nsys 14—-J. Q. Adams was
among the latter.
We copy the bill for the information of alj
who may desire to form themselves into corps
anJ after their services. Wc also copy the Pre
sident's message upon’the Mexican Relations.
We do not doubt, that tlie Senate will pass
lire 11-usr bill; we should have beeff glad, could
it have passed without the little episode of partv
feeling to which wc have referred.
TltK SEW ATE-’
Our expectations, referred to in the foregoing
article, have boon justified. The Senate, hav
ing passed through a little party side scene, has
rome up to its patriotic duty, and passed the
House War bill, hy a vote of 40 to 2.
Messrs. Calhoun, Berrien, and Claytoh, re
fused to vote. The course of the eecond gentle
man excites no surprise But thst of the Senator:
from South Carolina has filled not only uehut bis
Democratic friends with surprise and mortifica
tion. It has been the theme of very general con
versation in this placs, and but few Voices are
raised to justify hi* eefthwi. 7t is not so much the;
-entim-nts expressed by Mr. Calhoun cn this oc
casion. or even his failure to record his vote for
the means to defend the c against its cnc
r’.foi; that gives us pain—but it is the bent of
p. ‘itieal feeling which it exhibits. It looks to us
like the evidence of a prurient desire to make a
point acrains: the administration—to thwart the
effort* of the Democratic petty, cn masse, and the
great mass of patriotic Whig? to sustain the Go
vernment, in an important wet measure
t>r. ii*ptne*B and energy wire tlfirnportaht, de
■av full of moral danger, rnd “ masterly inac
tivity” the most suicidal policy. We cannot
1-elp !el:cving. that had Mr. Calhour.’sheatt been
ir the right place towards the administration, had
there been no soreness, no sout spot in it, he
would n<4 at such a moment have raised, dis
cussed, end rrfcsctl to vote because of the wire
drawn distinctions which Ids subtle mind could
craw between War and hostilities. That there
is a technical distinction is true ; but it seems to
i <that the distinctions drawn were not applica
ble to this ease, and thst there were feds before
the Senate, ami known to the whole country, to
estaldislf beyond the possibility of dispute or cavil
rhaf Mexico was at War with tins country. She
had recalled her minister ; she'had dismissed
curs with contumely; she had solemnly avowed
’ t annexation xreuld In* regarded by her as
’ im belli', she had sent her best Generals and
’ >.OOO troops to derive cs from our side of the
K:. Grande. Arista, the last General, fresh
■ n tbecapitol of Mexico, was sent within a few 1
week* past, to take command of her Army—
V American General has been ordered by that of
Mexico to desert his post on the Rio Grande, <Sc in
♦ rned shst a failure to comply in 24 hours would
• ig down the anus of Mexico upon his head. Re
f *in to comply, the threat has l>en executed—
Mcvtcf has invaded our soil, captured, wounded
and killed our office us and soldiers, bombarded
:r fortifications, and was, at last accounts
•••-a ling every nerve to destroy the American
And in ik” fa<*” of all t'oese fiefs, Mr. Calhoun
asks fo/delay to rrJ documents in orderto satisfy
his roosO* utional judgment upon the question,
■'i ‘ther all this is hostility or War.
It i* true, Mr. Calhoun and those whr went
tv >• h ln.n. expressed great readiness to vote for
the money and the men—but the preamble, the
const,:., lional impediment, must be removed.—
T 'j?v asked th* majority ofthe Senate to strike out
tv* p.-ra*>*U to enable them to vote for it The
majority refused, very properly, to do any such
*i:n . They refused in a crisis, to sacrifice facts
to International quibbles—great truths to whims
—they .*• ,iov 1 war dal exist afcd he’d to the
preamble. The result was, that 40 Senators vot
ed ;.-r both preamble and bill, and 2 against them.
. h p<* soon to hea r , that Cengross has gone
ri 1,-’-. even than this, and has pronounced a
( ” r '” ■’ a:vi solemn declaration of War against
‘* ‘’ *- This is necessary to prevent future dis
r :• s wi j European Nations, upon the subject
s t the rights cf Neutrals.
Wmmai.E or the American Miximn
AT Tea - —The Ban. Robert WickKffe, Jr.
* ‘ leoet thcCnhed States at Turin,
was married on tbe of April, to Miss Jose
phine Van Houton, of Rotterdam I —* lady of
rank and fortune. The marriage was celebrated
in the chape] of the Prussian embassy, at Turin,
by the Rev. Mr. Bert, pastor, of the Proliant
legations. In the evening Mr. W. entertained*
the bride and a distinguished party at dinner.
The act of marriage was attested by tlircheva
l*r Basevra. for the bride, and Mr. G. J. Crafts,
®f C .S. C. for the bridegroom.
. *BB WAR. y
“VV e copy every item gs nevr/ from the seat
>f war, that we can lay our jmands upon, and
hat can throw light upon thajanteresting events
West. Wre do so, to the ex
clusion of eunpals. It iapratifying to perceive
with what alaenhr the rnpit of the country has
inswered to the upas its gallantry and pat
iotism. volunteers from Lotus
utrta, Alabama and Mwßssippi are flocking to the
standard of Gen. Taaonk
After our last iasxJl intelligence of
the relief of byw*en. Taylor at tbe
iiead of 1,200 tramis with marched out
of his opposite Matomoras, and of
tlie assault dunig his absence upomhie camp, by
the Batter Metamoras, and a Mmicerflorce
on this sidjf of the Rracr. We issueakan extra
and setiy to our readers. We add far
, ther demils of the battle. While we
ing w heard of the history of Gen. Taylor's
back to iqy camp. If the Mexicans have
half the force, and their Generals have the skill
and courage they have credit for, Gen. Taylor’s
return march was doubtless disputed, and before
going to press wc may hear of a hard-fought bat
tle. We look for triumph to our arms in the
event of conflict. The American army was in
line spirits and &ill give a good account of itself.
VOLIYTEEUS PROM GEORGIA.
One hundred and forty names have been en
rolled in the company of “ Georgia Light Infan
try,” rafeed in this place, under Capt. J. S. Cal
houn. They have not yet been received into the
service.
The “Columbus Guards” are recruiting their
ranks (having lo3t some 20 men who hgpte joined
tiic company) to be from
the GoyUkMftT, to whom were offer
ed 10 days requisition upon the
State of Georgia
We suggest a general volun
teer
right be found in thethhms or thick
ly
Congress contemplates carrying on the War by
volunteer?. To be efficient, drilling and discipline
aie indispensible. Raw men, are utterly useless
in a field of battle. They arc there only to be
shot at, or to embarrass the operations of disci
plined troops.
If Georgia is to be called on, why not let Geor
gia appear in an imposing military style in the
field 1 What say our gallant young men of of
fering to the General Government, not a compa
ny, a Battalion or a Regiment, but a Legion of
prepared, trained and disciplined troops. If we
are toendnre the penalties and hardships, the dan
ger and bloodshed of a war, why not adorn it
with some of its chivalry, and ballast it with the
preparedness, steadiness, and discipline of Regu
lar Troops ? The volunteer corps of the State,
already organized, would make a right pretty
. fores to olfor its skill and valor en masse to the
support of the Government, while other compa
nies could and should be organized to take tlieir
places for purposes of domestic defence. We
perceive that the Regular troops along the Atlan
tic coasts are being ordered to the seat of W ar.
Is it not likely that the services of volunteers w ill
be wanted to man the posts thus deserted. We
hope Georgia will lie ready at the call and that
there w ill be no need of a draft when the hour
arrives.
THE NEW aE^ITISTIOY.
From the New Orleans Delta of Monday
every ng, wc are informed cn authority from
Head Quarters, “that Major General Gaines,
commanding the Western Division of the U. S.
A. has made a requisition upon the Governors
of the following States for additional troops, to
proceed as soon already to Ike Rio Grande, viz:
Tennessee to furnish 4 regiments, pf 400 men
each'...... .2400
Kentucky the same. , ,2400
Mssouri two Regiments 1200
Mississippi two Regiments 1200
Alabama two Regiments. 1500
Total amount of men ~,SIOO
The above are all to be Infantry and Riflemen.
And one Regiment to comprise 1000 mount
ed gun men, to be raised in Louisiana, un
der command of Col. Layfayette Saunders,
an * old veteran’ who was with Gen. Car
roll during the last war, and performed
valuable services, add to the ab0ve...... 10C0
Total cf requisition. . .9400
General Gaines, with the promptitude which
characterizes all his actions, has requested
each of the governors of tlie above States
to anticipate the requisition of the Presi
dent of the United Stales, by
forwarding the men called for, even should-that
requisition not reach them before they are ready.
Thu S -waiving all so as to aid in procur
ing a prompt and decisive victory over the Mex
ican foes.
AT IT AGAIN.
Poor Mr. Polk! he is wrong all the time! so
says and so seems to think the Augusta Chronicle
A Sentinel. The last tiling he did wrong was his
message on Mexican affairs. Really, the admin
istration is to the Chron. & Sen. what pure water
is to the mad--dog. It throws them it spasms.
Is not the Chronicle afraid of over-gerging the
credulity ofits readers ? Will any set of men be
lieve that a President whom every possible motive
impels to do right, is always wrong ? Wont
they rather believe in the hydrophobia of the
Chronicle ; wont they lose confidence in its
never-enuing cry of wolf, pity its excessive preju
dices, and disregard its captious carpings ?
It is a pity, that this paper cannot forgive Mr.
Polk for being elected President of the United
States. Reflect gentlemen, and be just! It was
not Mr. Polk’s fault. The people took him up
—drew him forth from his farm and domestic
fireside, and would have it so.
(Ej* For the benefit of our readers in the coun
ties of Stewart and Marion, we publish the Sher
iff Sales in those counties in our columns, and
shall cont inue to do so, during the Summer months.
A similar course will be pursued with regard to
Harris and Meriwether counties.
THE NORTH AWAKE !
The war .spirit kindles brighly at the North
Tho volunteer force of N. York, Philadelphia,
and Baltimore have held meetings and offered
their services to the President to march to any’
point indicated—Asirnilar movement has been
made in Charleston.
Twelve companies of U. S. Troops stationed
on the Atlantic seaboard hare been ordered to
Texas.
A Philadelphia foundry establishment has
received orders from the Government of the U
S. for oise hundred tons of cannon balls.
The new army bill increases the rank and file
of the regular troops 7,000 men— ls,ooo in all.
Cheat ’’'savelling.— The fare between
Boston New’ York, by'way of the Norwich
*o j ,v, on tv ,
- ‘4 .
THE CONEisRCIAL PANIC—MORE
STOCK ARGUMENTS.”
The declaration of war has proved the signal
for a fresh display of antics by the stocks and
stock Jobbers.” Prices have tumbled down and
i tumbled up, in most beautiful confusiofljind with
i reasons, mathematically squared by of
controlling wire-pullers who had stocks to buy or
to sell—the “Bulls” and th£ “ Bears.” Ex
change has advanced and cotton has fallen. We
look upen the whole thing as a wicked and ridi
culous farce. Can any sane man, UdPwhy a
war irfthis great country, in r richest
in the Ntold.with the imbecile
Mexican NfetionJ should in busi
ness or a in the ney market? On
the Ist of May, ntere waS a prrplns in the Nation
al Treasury of of money—Congress
has rbyjrins of the sum, which
will be expended and into general circu
lation! The
our ears, that ftyr Sub-Tresmtow law, about to
pass Congress, sjfould lock up thtAuublic money
and thereby produce panic and Now,
the bolts aryT bits of the National arc
remaciL millions toe to be injured into genera*
circußßon, and thlw is to create a
Now, wie panic-makers fibbed in one case or the
qjhcr. Tlie truth is, the war at this momcii*
should make money abundant and easy—Ten
Millions of Dollars are already appropriated—as
many more may follow, and all this vast efflux of
solid money is to bo added to the general circula
tion. Most absurd of all, is the complaint that
the New Orleans money market is suffering a
contraction. N. Orleans is the point to which
the most of this treasure is to flow and be expend
ed. Exchange is said to have gone up in N. O
when the effect of transferring immense sums of
public money from the East, to that point should
be to make Northern exchange a dreg in that
market. We have heard it assigned as a cause
that a certain patriotic bank in N. O. had ad
vanced the Government $500,000, and that that
had made money scarce. The idea is too absurd
for serious refutation. The loan is a profitable
operation to that Bank, and furnishes it with ex
change to that amount—tlie premium upon which
the Bank makes—for the Government will, in alj
likelihood refund the loan in N. York.
Another panic.is got up by the Insurance Com
panies. The value of American property and
tonnage afloat is estimated at $90,000,000, and
it would be supposed from the character of the
panic writers, that it was absolutely certain that
not a vessel would escape the marine and Priva
teers of Mexican commission, Gr ever get back
to tlieir portr. The consequence is that the
Insurance Companies arc thrusting the War
clause into their policies, and charging their cus
tomers additional premiums. We understand
that the prudence of some of our companies is
so excessive, that the War clause is put in for a
voyage down the Cattuhoochee River, The ‘N.
Y. Herald while idly fanning the panic wisely
advises porsons seeking insurance not to pay the
additional premium—for, says he, a few caj>-
tures of valuable cargoes would break all the
Companies in that city.
An attempt lias been made to alarm the coun
try with the idea that Gen. Almonte, is now in
Cuba, for the purpose of executing a threat, which
he made while Minister at Washington; which
was that in the event of war, Mexico would cov
er the sea with letters of marque against our
commerce. Fortunately, by the provisions of a
treaty with Spain, all such operations carried on
by Spanish subjects are pronounced and punish
able as piracy, jSo that every Spanish vessel
fitted out in Ctfbi, to cruise against American
Commerce will be tussled as a Pirate !
The following note from Mr. Buchanan, Sec.,
of State contains the clause of the treaty.
Washington*, April 11, 1846.
My dear Sir : —lu consequence of pur conver
sation a few minutes since, I think it proper to
inform you without delay, that our Treaty with
Spain of the 20th October 1795, contains tue fol
lowing article, still in force :
Art. 14 No subject of his Catholic Majesty shall
apply for, or take any commission or Letters of
Marque, for arming any ships to act as privateers
against the saW United States, or against the citi
zens, people or inhabitants, of the said Unitdd
States, or against the property of any ofthe inhab
itants of any of them, from any prince or State
with which the said United States shall be at war.
“ Nor shall any citizen, subject, or inhabitant,
of the said United States, appiy for, or take, any
cotnmisiGii, or letters of marque, for arming any
ship or ships to act as privateers against the sub
jects of his Catholic Majesty, or the propsrty of
any of them, from any Prince or State with which
the said King shall be at war. And if any person
of either nation shall take eticli commissions or
letters pf marque, he shall be punished as a pi
rate, ” Yours’ very respectfully.
JAMES BUCHANAN.
Edward K. Collins, Esq,
It is to be borne in mind that these commer
cial panics are generally sudden, causeless, fo
mented by selfish interest, and soon over. The
public should not sufiei their interests to be sac
rificed by hastily yielding to them. If it is im
pudently pretended that cotton is worth a cent
per lb. less in consequence of the Mexican War,
let the planter, refuse to be gulled into the sacri
fice, and hold on. A short crop last year and a
late and cold spring this season, will counteract
the effects upon prices of -twenty Juch wars a s
we are waging with Mexico. Hold on and
keep cool and let the sharks of society play out
their game—they will cease the moment they
find there ore no gudgeons to be caught.
A GOOD ONE.
The Mobile Herald tells the following good
story:
W e beard the following story told yesterday of
aVV big of our city. He was abusing the ad
ministration very severely, attributing the Mexi
can war and the depression in the cotton market
to the blundering of Presider ♦ Polk and his Cabi
net. An Englishman present joined in and was
even more abusive than the Whig, which the
latter, was unwilling to listen to, and interrupting
John Bull, cried out “Look you, sir, I have a
right to abuse the government as much as I please,
but no d—d Englishman shall,” and floored
him.
Connecticut Legislature.— The Legis
lature having met at New Haven, Syrus H.
Beardsley was elected Speaker, and Charles
R. I ngersoii and -C. W . Phileo were appointed
Clerks, and Osbom and Baldwin, Printers of the
House. In the Senate, Hon. Samuel Ingham
was elected President, and Alfred A. Burnham
Clerk. The officers elect of both Houses being
the Democratic candidates.
On Thursday, the two Houses met in conven
tion, for the choice of State officers. Isaac Tou-,
cey was chosen Governor; Noyes Billings, Lieut.
Governor; Alonzo W- Brice, Treasurer; Charles
W. Bradley, tiecretary ; and Mason Cleaveland,
Comptroller—all the Democratic candidates at
the late election. The votes stood, in each case,
iij4 Dem., 116 Whig, 1 blank.
Mrs. Jessup, the wife of Gen. Thomas S.
Jersup, U. S. A., and daughter of the late Ma
yor Wo. Crogban. of Kyvdkd in Washington’
City, on the Seth tiff
THE MILITARY SPIRIT OF THE
COUNTRY.
We find it impassable to keep the run of the
military forces which have sailed for the Army
of Occupation, and have been enrolled for the
service in New Orleans. The N. O. papers are
full of notices of the arrival and mustering in of
fresh troops. We should think that some 7,000
are already in the field. The Louisiana Legion
of N. O. a uniformed volunteer force of 1,500 or
2,000 men has offered its service*. Three more
companies from Mobile, besides Gen. Desha’s
command, already in the field have been accepted,
while every boat at JSE. O. brings fresh recruits
in full companies from the River counties and
States. The following from t# Delta the
13th, shows tlie noble spirit that is abroad:
MILITAKT .HATTERS, .
IFhen we speak of military movments now we
know not where to begin nor where to end. For
sooh is the ardor —such the excitement that per
vades the pity that little iu the way of detail can
bo gathered. The influx of volunteers from the
country continues to increase. Hour after hour
bands of these brave spirits pass our office :
“Pride in their port, dtoiance in their eye,
1 see the lord? of human kind pass bv ;
Intent on high designs, a thoughtful band,
By forms untashioa’d, fresh from nature’s hand.”
Os those that arrived yesterday, one were a
company-from Iberville, under tlie command of
General G. S. Rousseau, Captain ; YVilham H.
Higgins, Ist Lieutenant; Gustave Lauve, 2d Lieu
tenant, and 107 men, rank and file.
A company from East Baton Rouge, of which
the liev. Mr. Stuart is Cap! . and Messrs. Wed
dell and Patterson Liei; .nants, and 106 men,
rank and file.
A company from Rapid- n. of p’hich G. M. Gra
ham is Captain, and ilfess s. Smith and Holt Lien
tenants. Our young friend, Jfr. Texada, one of
the members from Rapides, is one of them. The
rank and file numbers 95 men.
A company from St. Tammany, eofcmanded by
Capt. Staples, numberingß2, rank and file.
In the city the enrollment goes on with increas
ed spirit. In fact, we cannot keep tbe “bang”
of tlie number of companies now in the course of
formation. Every tiling goes on as the best
friend oi'his country could wish. At the Com
mercial Exchange, last evening, thero was a most
spirited meeting. It was addressed by Isaac T.
Preston and others. BaJie Peyton came forward,
and in the true spirit of western chivalry, an
nounced himself a candidate for the Kio Grande.
The war dog is abroad.
JUDICIAL.
CASKS
ileci<lel Iv tlie Supreme Court of Geor
gia at Jlljltdgevilie, May Term, J 546.
The Geo. Insurance & Trust'')
Cos. plif’s in Error, (From Richmond
vs f Superior Court.
James S. Oliver, Deftt. in Error J
Judgement below affirmed.
Held that a Garnishee is liable for interest up
on the debt due by him to the attachment debtor
upon a liquidated demand, when lie takes no
steps to pay the fund in his hands, or place it
subject to the order of the Court —and where
such Garnishee resists the claim of of his credi
tor, as in this ease, he is liable to all interest ac
cruing upon such claim.
IWiLLEK, for Pl’ff. in Error, Gcule, for Def’t.
Harrison & Weight, Adm’rs~l ,
o. Hulls, Pill's, in Error,
Walker, Def’t. in Error. J rtor Court.
Judgement below affirmed.
Ruled that the amendatory act of 26tlV June,
ISOS, providing that a plaintiff, in case of non
suit or discontinuance ofasuit,commenced with
in time may in such case renew his action (once
only} within six months thereafter, was repealed
by the act of December of the same year,
Cone, for plaintiffs in Error : Hardeman, for
defendant.
Note.—-Sin.ee die above decision ofthe Supreme
Court was made, a gentleman from Savannah
inis informed me that in the ease of Garrar and
Davis vs Arthur Gin, in the sth Circuit Court of
the United States for the District of Georgia, at
the late Term of that Court, Justice Wayne and
Judge Nicois presiding, a similar decision was
made.
Cameron & others, pl’ffs in Error, Debt on Ad
vs | ministration
The Justices of the Inferior \Bond from
Court of Richmond Cos., for the j Richmond Su
use &c. defendant in Error, J perior Court.
Judgement below reversed.
Held that in a suit upon an Administration
Rond against two administrators and their secu
rities jointly, alleging a. joint devastavit against
both, a judgement recovered against one in his
representative character, and return of nulla bo
na on the li fa, are not admissible evidence.
Miller for pl’ffs. in Error; Gould for defen
dants.
Thomas, pl’ff in Error,-. q/
Hardwick, Executor of } t( >rJfrom Hancock Su-
Gilbekt, deft, in Error, j P ertor CourU ‘
Judgment below reversed.
Ruled ill this case, that the removal of an Ex
ecutor for misconduct, pending a suit against him
in his representative character, does not relieve
him from the suit. The plaintiff in such case,
may proceed against such defendant executor to
final trial and judgement, notwithstanding his re
moval from the executorship, or may make the
administrator de bonis non ’ cum lest ament o annexo
a party defendant, hind proceed again*! him, at
Ms option.
Note. —The rights of the plaintiff in this case,
accrued before the passing ofthe act of 1845, up
on this subject. —The provisions of which act
were, therefore, not considered by the Court.
Thomas for plaintiff; Dawson for def’t.
Choice, by Guardian. Pl’ff. in Error,-) In equity,
vs [from Put-
Marshall, Deft, in Error. fnam Supe.
J Court.
Judgement below affirmed.
Ruled, that a bequest to A., during her natural
life, and then to the heirs of her body forever, is
an attempt to create an .estate tail, and vests in
A. the absolute estate, .under the laws of Geor
gia.
Cone, for Pl’ff; Wales, and Dawson Sc Mc-
Henry, for Def’t.
The Justice of the In-”
feriof. Court of Mor
gan county, for the use, Debt on. Guardians band
&c., Pl’ffs. in Error, \from Morgan Superior
vs Court.
With ah Woods Sc John
Vabon, Def : ts in Error. J-
Judgement belovf reversed.
Held that the Court of Ordinary could not dis
charge a security from past, but only future, lia
bility. That new securities to a Guardian's Bond
are bound lor all his liabilities, both past and fu
ture.
That to make the first securities liable on their
bond, the plaintiff roost establish affirmatively
waste, or mal-adinimstration, by the guardian,
prior to the discharge.
That the bare reception ofthe money’ or effect*
of the Ward by the Guardian, prior to the dis
charge, is not sufficient in law to render the se
curity liable.
Tuttle V
vs > From Richmond Superior Court.
IFaltom. j
Judgment below affirmed.
Held by the Court, that a By-law of the Insu
rance and Banking Coiipany of Augusta (an in
stitution incorporated by act ofthe Legislature,
with power to make by-laws soy the government
of the Company, provided they are not repug
nant to the Constitution or laws of this State,)
prohibiting a transfer of stock by a stockholder
indebted to the institution, was not contrary to
the laws of this State, nor against public policy,
cor in restraint of trade, so as to defeat a lien
created by such stockholder's indebtedness to
the Company prior to the rendition of judgment
under which the stock was sold and -purchased
by the Plaintiff in Error it Sheriffs’ sale with no
tice of such lien —though such'purchaser was
the judgment creditor.
That stch lien was valid and binding, as be
, tween the stockholder and the Company; and a
purchaser at Sheriffs’ sale, with notice of the
lien, only acquired such title a was in the De
fendant in execution.
Nwbit, Judge, dissenting.
Jenkins for Plaintiff, Miller for defendant.
f?\AC Bur ax & Elijah^)
Roberts Pl’ffs in Error, J
rs l From Scrioen Sup*-
1 The Justices of the In- f nor Court
ferior Court of Scai- |
■yen, Def-ts. m Error. J
.The tnnsenpt pf the Record in .the above
esntse was trancmitted to, and received by, the
Clerk, and docketed by him before the meeting
of this Court at the present Term; but no Assign,
ment of Errors was filed in the Clerk’s office,
either on or before the first day of the Term, in
conformity with the XXIII Rule of this Court.
In fact, neither of the Plaintiffs in Error, nor
their Attorney of Record has been in attendance
upon the Court during the term; and the request
to counsel here to represent the Plaintiff in Er
ror, did not reach him until the second day of
the Term, when an Assignment of Errors was
prepared and tendered the opposing counsel.
Starnes fordet'ts. in Error, refused to join is
sue, ond now moves the Court to dismiss the
case noder the above Rule —whereupon the
Court sustained the motion, and the case was
accordingly dismissed, aud stricken ipjui the
docket.
Broughton, PPff. in Error, \ Covenant from
rs. > Greene. Superior
Gadgett, Deftt in Error. . } Court,
Judgement below reversed. ‘
Held that a bill of sale of a slave containing
warranty of soundness, earniot be transferred by
Indorsement so as to vest in the transferee the
right to sue in his own name on the broach of the
warranty.
The act of f 39 respecting the negotiability-of
Bonds, and other specialities, and promissory
note and other liquidated demands, whether for
money or other thing, )Prince: 426,) by indorse
ment, has yo application to bills of sale or other
mere conveyances, with or without warranty,
but must apply to such instruments only as are
intended to secure the payment of a demand ei
ther in money or other thing liquidated. Agreed
on, and settled by'tho parties to it.
Dawson Sc. McHenry; for plaintiff, Cone for
defendant.
Johnson &. Black. Pl’fis in. Error, i Assumpsit from
i•. j- Serif e* Supe-
Ballingall, Def>t. in Error. ) rior Court
Judgment below affirmed..
Held that illegality of consideration cannot be
given in evidence, under the general issue.
The plea of the general issue made it incum
bent upon the plaintiff to prove his cause of ac
tion in manner and form set forth in his petition,
and no more, which was done inXhis case by the
introduction in evidence of the bill of draft de
clared on. The Court was bound to presume
that the consideration was legal, nothing appear
ing upon the bill to’the contrary. The defen
dants then seek to iuroid this contract in the
hands ofa bonnftde holder by the proof tendered.
This is wholly inadmissable. The Plaintiff is
called upon to reply to matters set up by proof
which had not been pleaded, and of which he
could be presumed to have had notice by
the plea of the general issue. Lumpkin, Judge,
in delivering the opinion of the court, remarked
that this court will hold parties in their plead
ings strictly to the judiciary act of ’39 which
provides that the answer of the defendant shall
be in writing, and plainly, fully and distinctly
set forth the cause of his defence.
Black for Piaintiff, Starnes for Defendant.
Lockwood, Pl’ff. in Error’l Debtupon Injunction
vs > Bond, Morgan Su-
Saffolp, DePt, in Error. ) peiior Court.
Judgment below reversed.
Held that the eventual condemnation money is
the amount determined by the final judgment of
the Court in the pause. In the case at bar, pen
ding the Injaction which enjoined certain mort
gage fi fas, the matters in controversy were sub
mitted to arbitration and an award made. The
judgment of the Court thereupon constitutes the
evidence of what is the eventual condemnation
money in this cause.
Reese, J. H. McHenrx & Cone, for Pl’ff; Fos
ter and Dawson & Ale Henry, for Deft.
llardee et cL, Pl’ffs. in Error,) RuU • agnimt
Stovam,, Stiimonc &: Go., Dc ) c She? iff from
fend ants in Error. . . J Su P er ‘ or CourL
Judgment below affirmed,
Held, that a judgment (from winch an appeal
is entered and afterwards _is withdrawn or dis
missed, takes lien from its date, and not from
the date of the withdrawal or dismissal.
Starnes for Plaintiffs; Jenkins for Defendants.
An intelligent gentleman who has been enga
ged in the production of Sugar in Caba for the
last tliirtj” years, after a careful examination, es
timates the value of property in that Island
owned by Ameaicans. at $35,000,000. So
says a correspondent of the Washington Union.
Departure of the Atlantic Steamers.
From England. From America.
Caledonia, April 4 May 1
Great Western, April 11 May 7
Cambria, 19 May 16
Great Britain May 9 June 6
C Iff M K ItCIA L.
Latest dates from Liverpool April 11
Latest dates fram London April 10
Latest dates from Hayre April 1
Latent dates from Hay.ana April 13
Columbus May 20, 1846.
This market forcotton is completely paralyzed,
the effect produced on the leading markets of
the South West, by the Mexican outbreak and
consequently material enhancement of freights
and Insurance with a reduction in the rates
of Exchange, and great difficulty of negotiation
against cotton operations.
Our market is altogether too irregular for quo
tations and we omit them altogether, remarking
that forced sales can only be made at a great de
duction on preexisting r ates:
We do not look for a long continuance of
this state of things as it is the beliefofmany that
our difficulties with Mexico will be promptly and
successfully settled.
RECEIPTS.
Stock on hand Ist Sept. 1845, 2 526
Received for week ending” 16th inst. U 92 *
Received previously,....'. 48,707 —48,899
51,725
Shipped same week,. 1,408
“ previously, ...44,752—46,160
Stock on hand, .5,565
JE” ■i-i
NO ! ICR TO ALL.
‘THE subscriber being very desirous and toy
ing determined to bring to a close the busi
ness ot E. Barnard & Cos., does most respectfully
request those indebted to make immediate pay
ment, all who do not avail themselves of this no
tice and pay up by jthe Ist of June will be sued
indiscriminately. EDW. BARNARD.
Columbus, May 20, 1846 21 2t
£3“ The Enquirer and Democrat will give two
insertions and send in their bills! E. B.
JAPANNED WARE.
JEST rereireda large lot es Japanfd War.’,
consisting in part of Dressing Cases, Trunks’
Match Safes, Candlesticks, Lamps, Molasses
Graters Tumblers, Tea pud Coffee canisters,
Saving Banks. Also, Patty and baking pans of
all sizes and shapes. Britania Tea apd Coffee
pots, platform Scales, &c. together with a good
assortment of tin ware, all of which will be sold
low for cash J. B. HICKS,
West side Broad street, above the market.
£3” All kinds of Job work in Tin, Sheet Iron
and copper done at short notice by J. Q. H.
May 20, 1846. 21—ts”
AVTNNTON.
MTHE undersigned king eenfinned-in
■jhis determination to remove the eny
suin<p(j|L, his verydesirable residence rfi
IFynnton, is sale ; (a bargain,) for ca*,
or undoubted or it will be
negro property. Tikes unquestionable, r
> E. J. HARE#,
may 20, 1846. y 2j#4t
x sso xeisr. /
BE rsliip Eltefofore enmis* be
tween thisMay been
dissolved by by
the firm, will be
persons indebted to vM\ maite pay
ment to either who arLau
thonged name of thejfcj in the seme
RT S. STOCIffON.
Columbus, Geo., Mliv lSjJf, 1846. 2ftr-lt
ANDREW J/ISAXSELL,
ATTORNEY INB 6WYSELLOS AT MW.
Marietta, Cobb Cos., Ca.
Wilt attend promptly to all business con-
* tided to him in the Cherokee Circuit, and
the Counties of Campbell and Carroll of the Cow
eta circuit. Also in the Supreme court of Ga..
and the Circuit Court of the IT.l T . S., soy the Dis
trict of Georgia.
; Mi v 2% 1845. 21— ’ t +
POSTSCRIPT.
Clerions news from tl© Armyf Tlir
Mexienws in two pitched
battles: of the Enemy killed !
Their l*ngjfrac, artillery, the papers
of Gen. Arista,, and 500 pack Mules
taken! _
We stop the press to announce to our readers
tho glorious news received by last nights’ mail.
We have only space for the following brief ac
count :
From the Montgomery Journal, Extra, ofMav 19.
By Express from Mobile.
LATEST FRCItI THE ARMY--TKF
MEXICANS TWICE ROUTSB!!!
By the Daily Picayune, and an Extra from
the Mobile Advertiser of the 18th, we have news
the substance of which is contained in the fol
lowing ;
There have been two engagements between
Gen. Taylor and the Mexican Troops, the first
occurring on the 7th inst., when Gen. Taylo.
was returning from Point Isabel to his Camp, op
posite Alatarooras. In this the Mexicans from
5,060 to 7,000 were repulsed, our army sleeping
on the field of battle, on which next day were
found 200 il/exicxiis dead, sever* 1 pie of Ar
tillery, stores, &c. Maj. died subse
quently from wound-in this action.
Os the second battle we can only give the fol
lowing particulars from the Picayune.
The U. S. Steamer Col. Harney arrived this
morning, just as our paper was going to pre ts
from Brazos Santiago, haying left on the 13th
inst. Her news is glorious to our arms.
She brings official accounts of a second battle
between the Aiexican and American forces,
which took place on flic 9th, commencing at halt
past 3 o’clock, I*. M., within three miles of Cairo
Taylor. The action was upon the edge of a ra
vine, anil one mile from the chaparral, which
was here about 12 miles in width.
The Mexicans commenced the action with
their artillery, which was posted as to sweep the
narrow pass by which Gen. Taylor was advanc
ing, there being a swamp on either hand. Gen.
Taylor immediately ordered a charge in tho teeth
of the enemy’s destructive lire, and the troops
promptly responded, and carried the enemy’s
guns at the point of the bayonet.
So sudden and impetuous was the attack, and
so successful, that Arista had not time to save
his papers, which with alibis correspondence fell
into the hands of Gon. Taylor
The action lasted one hour cnl a half, in
which time 600 Mexicans were cither kii.ed or
wounded, and the Americans took 300 prisoners
and eight pieces of artillery. The American logs
in this action was but sixty-two, killed and
wmunded.
Among the killed were GoL Mclntosh, J feu .
Cochran, Col. Brown (by the bursting of a s ell,)
Lieut, Eng, and one or two others, whose m mei
are not given. Col. Payne, Lieuts. Gates, Lur
bank, Hooe, Luther and others were wound, and.
We regret to say that Major Ringgold, who
was so severely wounded in the action of the Bth
died on the 10th inst. and was buried next day
with the honors of war.
The total loss of the Mexicans in the two ac
tions of4he Bth and yth was at least 1200. The
Mexican force amounted to at least 6000 men,
while that of the Americans on the ground did
not exceed 1600 men. .
An exchange of prisoners took place between
the two armies subsequent to the action, by
which Capts. Thornton and Hardee and Lieut.
Kane have been returned to the army. Lieut.
Dcas was not demanded and still remains a
prisoner. Among the prisoners taken by Gen.
Taylor was Gen. Vcja. For him two American
officers were offered in exchange, but it was de
clined to give him up, save in exchange for an
American officer of equal rank, whenever one
should be taken.
Gen. Vejaand two Mexican Lieutenants were
sent over by Gen. Taylor on the Col. Harnay as
prisoners of war. Gen. Veja was allowed to be
accompanied by one of his aides, a Lieut. Colo
nel, as a friend. , „
The Mexican army was so confident of victory
that every preparation had been made to cele
brate it; but all their preparations fell into the
hands, of the Americans, In (heir fight many of
the Mexicans took to the river, and were drown
ed in their attempts to swim it
Gen, Taylor reached his camp the afternoon
of the action. Leaving therg his whole force,
he started tho next morning for Point Isabel, and
arrived there the evening of the 10th without
molestation. The morning of the 11th he star
ted back for his camp opposite il/atamoros. We
need not say that he and his army are in the
highest spirits.
The Steamer Dallas took Gff from this place
(.T/ontgomery) last night, the “Pintlala Van
guards,” numbering 70 hardy fellows; the Selma
will take the “Blues” to-day, about 80; and to
morrow the “Rifles,” about the same number
will leave for Mobile, il/ontgomery will have
sent a Battailion when all these have got off.
COXSLMPTIOS.
It is impossible for us to compress into our
narrow limits even a brief allusion to all of the
the numerous cures that have been affected by
Dr. Wistar’s Balsam. We can only refer to a
very few specimens of its general efficacy. ,
A few days ago, a lady called at the office in
fine health, and looking as robust as though she
never-knew what sickness was. To our surprise,
she stated that until recently, she had been sick
for between three and four years with what was
supposed to be Consumption—that she had a vio
lent cough, night sweats, with alternate chills
and fever, and every usual symptom ofconfirmed
Consumption. The result was, that she became
so ernanciated as to present more the appearance
ot a skeleton than a living being. Providential
ly, she, at this time, heard of the wonderful
cures performed by
DR. WISTAR’S BALSAM OF WILD CHER
RY* ‘
and commenced rising it herself. The effect was
that she began to get bettered once. By degrees,
the cough left her, the chill and fever disappear
ed, and in two months she again found herself in
perfect health.
None genuine unless signed I. Butts.
For sale wholesale and- retail by
POND *s WILLCOX.
Columbus, Ga.
May 20,1846. 21—It
GENERAL ORDERS.
llca d Quarters. >’
Brigade ICth, Division, G. M. J
OTlCFVieriiby given to the Commanding
officers olWLegnrients in this Brigade, that
Alexander C- Mwon, of has
been appointed BrigSfte, In
spector with of Major, Vice, C. P.
Dervey Hewiil therefore be obeyed
and respeeto^ccordiifg]^^
■ HENRY H. LOWE,
Brig. Gen’l.
Harris co. May 20, 184 G. * 20—It
GENERAL ORDERS.
‘TIjEEE will be an Election held for Colonel
of Muscogee County, at the Court House in
the city of Thimbu's, and at the different pre
cincts in said county, on VVednesday the 24th day
of June next. By order of
HENRY H. LOWE,
Brig. Gen. Ist Brigade 10th Division, G. M.
ALEX. C. MORTON,
Aiu-de-camp.
may 20, 1845. * 21—3 t
VOLUNTEEK-S!
‘<l WA'\fPS>ui]iintfet! to liil up Ihf rant, of
to the number of 100,
Jl Pfcbe in meet any requisition upon
the State of
it hnWiide by of the United
*"f ill ii i|ijl |l*3Tf ii 2d-?Wgeant,
By Captain.
may 13, 1845- w 20—2 t
NOTICE
Is hereby given to all whom it may concern, that
the Early Sheriff sales will be published, hereaf
ter in the “ Coirtror* Times.”
JOSEPH P. HARDEE. Sh’ffl
April 23, 1846. IS— im
A Good second band rarriagr, suitable fora
small family, equire at the stable of Cant.
John C. Maugham,
may 13, 1846. 20—ts
TEXAS,OREGON, CALIfOBNIA, Widnparfof
Mexico MAPS of, published in 1 846, for
sale by J. M. TARBOX, & Cos.
May 6, 1846. 19—V
Vt 1,000 CLAIMED; .
GEOIraE DUNUM, would feiufcss bis gratis
J. M. Tarbox for his generous re*
ward of $lwGO to any person who will find
Book-Store xMiere Books are selling
cent, below tV> prices heretofore oil tho
Book stores inlhis city- And whoever tho gen*
tleman will qal\ lie is prepared jJS give occuias
demonstrations the to receive thq
money. He won also vcntpfc the opinion that
neither himself oimhe aWrding individual will
be a loser by the tdksacyon ; as pn theene side*
the premium will for the low prioes,,
and on the other, thelniaracter for generosity so.
universally awarded, flu be an ample remunera-.
(ion for tho ‘‘ tritlinuf’ Iks of one thousand dol
lars. April IS-L 18—ts
A large lot ofySisht ftfcrs, for sale at tliQ
Cheap Bookstore, bvA
7 G EORGE DUNHAM,
lS4<y \
Indelible ink. ftoldVmd Silver,
/ l*eaf, \ ,
OF the bestijuality, for sale loir, at the Cheap
Bock Stye. gSdUNHAM.
April 22, p ffo l7—ts.
Stntdny School BmkS
FOR sale At the publishers lnarkel prices.
/ G. Ajnham.
April 2# 18-f6. 1 H—ts
Alar/c and new assortment oft MEDICAL
JBUpKS, selling at 25 per cent lwver than
ever be&ne in this city. (No mistake)! (cost, or
no cost.) at the Cheap Book Stoe. %
Apii 22,J8tG. ts
C.'yRDS cf all descriptions, Paper Jlunings,
and bordcry, Blank Books,
peri Jr articles) aii selling at astonishing low pffices.
/ G. DUNHAM. \
April 22,154 G, 17—tT
npiiE co-partnership of E. BARNARD & CO.
JL is dissolved. The Books of the Firm are
in the hands of E. Barnard, who is authorized to
collect the unsettled Accounts. The Notes may.
be paid to either prrtner who may hold possess-,
ion of them; and if there be any remaining debts,
or liabilities of the Firm, they will be paid by E.
Barnard 8, A. BAILEY,.
E. BARNARD.
May 13, IS 1G 20—3 t
ATTENTION!
GOX.toOJTXS GTT fBJDS. ,
K AN Election wNu; held at the Company.
n Room, on Saturdayrßj-d inst. at 8 o’clock, F.,
It M. for Second Lie vies
Edward R.
PIIIJAP T. SCHLW, Capt. C„ G.
may 13, 1846. A 20—2 t
FLOUR! FLOUR!!
AT A BBLS. of superior CANAL FLOUR, just
Vs received and will be sold at a reduced
price, by the lot or single barrel.
MOODY & DURR,
may 13, 1840. 12—ts
FAINTS, OILS, WIJpQW BLASS, &G/
900 KEGS NTiiitc Lead, superior quality.
X'VVA 600 Gallons Oil. ,
200 Boxes Window Glass,
Putty, Whiting, Red Load, Venetian Red, Li
tlmrire, Varnishes, Paint Brushes, &c. Forshlebr
HALL ts MDSES.
East side Broad street, above the Market,
may 13, 1846, 20
SAIL, SPIKES, Sec.
CASKS, assorted, 3 to 6d.
CJ v/v/ 5Q do Spikes, cut and wrot. 4t06 in
For sale bv * HALL & A/OSES.
may 13, 1846. 20 •
AX LES AUD SPRINGS.
A Good assortment, Axles and Springs, sos
sale at unusually low prices by
HALL & MOSES,
may 13, 1846. 20
ADMINISTRATOR'S SALE. ,
AGREEABLE to an order of the Honorable
the Inferior court of Stewart county, when,
sitting for ordinary purposes, passed the 4th May,,
1846 ; there will be sold, on the first Tuesday in
September next, at the Court House, in the town
ofLumpkin in said county of Stewart, one
land with good improvements thereon, situated
three miles south west of Lumpkin, and three
negroes two men and one woman, the same be
ing a part of the real and all of the personal estato
of Joseph Delk, late of said county of Stewart,
deceased, sold for the benefit of the.heirs an<L
creditors of said deceased. Terms made knoWjj
on the day of sale. • *
JAMES WATERS Adm’r.
may 20, 1816. 21 by J. M. Mitchell. ‘
PPIIISGS AND AXLES! \
CARRIAGE SPRINGS and AXLES—a lafge
assortment, for sale by ■ -
■ J. ENNIS & CO.
may 13. Iron and Hardware Store.
~ G|¥gEAH.*c. ;
/~IAST Tron GIN GEAR, different patterns and
v> WJNG GUDGEONS ofall sizes; just receiv
ed and for sale low by J. ENNIS & CO.
flay 13, 1846. ft
TO COTTOH PE4ITERS.
CAST Iron PLATES and BALL, for packing
. Screws—an afproved article.
For sale by J. ENNIS & CO.
may 13, IH4€’. - _ 20
IS RAP HOOKS.
A Full supply of the above article, just receiv
ed and lor sale by ’
may 13. . J. ENNIS &_CO._
FGM months after date, application will
be made to the honorable Inferior Court of
Randolph county, when sitting as a court Os or
dinary, lor leave to sell the Lands belonging to
the estate, of James Johnson, deceased. Sold
for the benefit of the heirs.
ISAAC BROOKINGS, Guardian,
may 5, 1846. L. S. G, 21
Scotch and iHaccaboy Snuff. ‘,
FOR sale by the bottle, binder or pound, by
POND & WILLCOX.
April 22. Near the market-
Seckwitli’K Pill**
FOR Sale by POND & WILLCOX,
Near the market.
April 22, 1846. 17
flatter’s Bow String*.
FDR Sale by POND & WILLCOX,
U Near the market.
April 22, 1846. ‘ 17 *
BRUNO & VIRGINS.
Lnporlcrs of Musical fnstruments, and sole Agents?
for the sale of J. Chickcrlns's and Nunns *
Clark's.
Hill eeustnolly on hand, and offer IS#
sale at the lowest prices, a splendidtrtaort
ment of Piano Fortes, with the latest improve
ments, from’ the above celebrated manufactories :
Also, a large assortment of Violins, from $1 to
860, Guitars, plain, from $5 to.sß, with patent
screws, from §lO to $75 ; Bass Viols ; Flute*
from 50 cents to SSO ; Fiageolettee, single and
double; Clarionettes; Fifes ,’ Bass and Snare
Drums ; Tamßorines ; Bugles, plain and keyed ;
Concert or Horns; Post Horns, with,
valves; Truijjpets, plain and with valves ; Corno
peans; Trombones; Ophiclides; Bass Iltijns/
Bassoons ; Hunting Horns; Superior Rosin, Bows/
Bridges, Pegs, Tailpieces, and mutes for Violins,
Tuning Forks and” Hammers; Mouthpieces for
Clarionetts and Brass instrument# ; Violin, Gui
tar, and other-strings ; Reeds far Clarionetts and
Bassoons; Music paper ; Ives’ patent Boer Folio,,
for securing music, Pamphlets, letters, &e.; Ao
cortfeons; Harmonicas; Toy Trumpets ; patent
screws, pegs, &c. for the Guitar, fcc. &c.
New and fashionable music;
Instruction Books for the Piapo Forte,
Violin, Acccrdeon, &c. &c- jooataotly receiving-
Columbus and Macoit, Ga. ‘ 10—tfe
March 4,1846/
S33S2IAAO AIABARAffiAm.
FOR SAXX AI. THIS Rf FICF,