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BY BENJABIA P. POOIME. The Southern Whig, PUBLISHED EVERY SATURDAY MORNING. TEHJIS. Throe dollars per annum, payable 'within six months after the receipt of the fn st number, or four dollars if not paid within the year. Sub scribers living out of the State, will be expect ed in all cases, to pay in advance. Mo subscription received for less than one year, unless the money is paid in advance; and no paper will be discontinued until all arrear ages are paid, except at the op tion of the pub lisher. Persons requesting a discontinuance, toftheir Papers, are requested to bear in mind, & settement of their accounts. Abvbrtisementb will be inserted at the usual Yates; when the number of insertions is not 'Specified, they will be continued until ordered '•Ut. All Letters to the Editor or Proprietor, on matters connected with the establishment, aiust be post paid in order to secure attention Notice of the sale of Land and Negroes, by Administrators, Executors, or Guardians, must be published sixty days previous to the day of sale. *Tho sale of personal Property, in like manner, must be published forty d ays previous to the day of sale. Notice to debtors and creditors of an estate must be published forty days. Notice that Application will be made to the Cour: •f Ordinary for Leave to sell Land or Ne groes, must be published four months. Notice that Application will be made for Letters of administration, must be published thirty days and Letters of Dismission, six months. For Advertising—Letters of Citation. 8 2 75 Notice tOxDebtors and Creditors, (40 days) 325 Four Months Notices, 4 00 Sales of Personal Property by Executors, Administrators, or Guardians, 3 2o Sales of Land or Negroes by do. 4 75 Application for Letters of Dismission, 4 50 Other Advertisements will be charged 75 cents for every thirteen lines of small type, (or space equivalent,) first insertion, and 50 cents for each Weekly continuance. If published every other week. 62 1-2 cents for each continuance. If published once a month, it will be charged each time as a new advertisement. For a single Insertion, 81 00 per square. NEW TAILOR’S SHOP, FTIHE undersigned, recently from the City of A New-York, respectfully informs the citi zens of Athens, and the acjacent country, that lie has opened a Shop in the House formerly occupied as an Office by Doct. Ware, in this place, near the State Bank, where he will be hap py to execute any orders with which he may be favored in his line of business. He has had many years experience in the business, and will devote to it his personal attention. 'His workmen will also be first rate; and he hopes, by his assiduous efforts to please, to receive a share of the patronage of a liberal public. * Cutting of all descriptions, will be done on rhe shortest notice, and in the most fashion able style. fTF. WANE. ’ Dee-2,-31—tf _________ __________ r Administrator’s Sale. AGREEABLY to an order of the Inferior Court of Habersham county while sitting for ordinary purposes, will be sold before the Co rl House door in Clarksville, on the first Tuesday in February next. one tract of Land, ndioiuing the Town 'of Clarksville, containing one hundred and fifty Acres, more or less, to getherwith four Negroes, one man, one woman and two children, belonging to the estate of B.enjnmin Vanghan, late of said county, deceas ed. Sold for the ben'fir of the heirs and credi tors. JN’O. 11. JONES, ) Adtu’r. JULIA VAUGHAN, $ Adm’x. Nov-24,—30—tds Administrates Sale= AGREEABLE to an order of the Honorable, the Inferior Court of Hail county, when Bitting for ordinary purposes, will be sold on the first Tuesday in I'ebruary next, at the Court House in Lee county, the one undivided half of Lot No. one hundred and nineteen, (110) in the second district of Lee county, belonging to the Estate of Afilly Woodliff, late of Hall county, deceased, Terms on the day of sale. JAMES LAW, ) .. . GEORGE WOODLIFF, ( s ' December 1,—31 —tds Administrator’s Sale. WILL be sold at the Court House in Pulas ki county, on the first Tuesday in Febru. nry next, between the usual hours of sale, agree able to an order of the Honorable the Inferior Court of Madison county, while sitting as a Court of Ordinary, one lot of Laud, belonging to the Estate of Benjamin Borum, deceased, con. lining hundred two an.'! »-half Acres, more or less, and known andaisii.7£ u > s hcd by No. 113, one hundred and thirteen in the 12th, district ot originally Houston, now Pulaski oounty. Sold for the benefit of the heirs and creditors ot said deceased. Terms on the day of sale. JAMES LONG, ) . . ELISHA WARE, $ rS - December I—3l—tds Madison Sale. | MITILL be sold on the first Tuesday hi Fe-1 ■ bruary next, at the Court House door in Danielsville. Madison county, between the legal | .hours of sale, the following property to wit: ( ’Charles Polks interest, it beingone third part t>f three hundred Acres of Land, on the south rwron" of Broad River, in said County, adjoining White, Caruthers anti others; levied <ortlty’»j»&ne of A A- fa- froin-a Judice’s Court in favor of Augustus Crawford, WILL be sold on the first Tuesday th March next, before the Court House dot)" in 'Wntkhftsville, Clark county, the undivided half of *two hundred and twenty-five Acres of Land On 'the Oeonee Rivt>n in said County, adjoining Meßec, and othoYs, belonging to the estate of Tfriah Bowen, Sec’d:,.and sold under an order of r the Honorable the of said Coun ty, when sitting for ordinary purposes. Terms •on the day. RICHARD E. BURKE, Adm’r. Dcc’r. 29, —35—tils Guardian’s sale. AGREEABLE to an order of the Honorable Justices of the Inferior Court of Madison 'county, when sitting as a Court of Ordinary, will be sold on the first Tuesday in February ■next, before the Court House door, in Campbell ‘county, the Lot of Land No. 122, in the 7th dis ‘trlct, Coweta, now Campbell bounty, which Lot •wftk drawn, by the minors of Judith Williford, •(thAytt) Wilson, Elizabeth, John, and Mary Ann Willtfprd, And sold lor their benefit. Terms made k'hown on the day of sale. BERRY J, MEADDWS, Guar. December 1,-31—ids Southern Whig. FROM THE AUGUSTA MIRROR. GEORGIA. My native State ! —my cherish’d home ! Hallow'd alike by smile and tear, May glory o’er thee build her dome, And Fame her temples rear : I love thee for the burning sky, ’Neath which my feet have ever trod; I love thee for the forms that lie, , Cold, cold beneath thy sod. Oh ! gladly do I see the light, That hovers round thy fortunes now ; The spirit, that must soon unite The sea and mountain’s brow ; The iron ties, that soon will bind, In one indissoluble band, Place unto place, and mind'to mind, Within thy wide-spread land ! In vain doth wild fanatic zeal, Thy institutions all condemn, On us, be every woe or weal, That emanates from them ; To those who would thy ways molest, Who’d gladly spoil thy verdant scene, Be this response, “ What GOD hath bless’d, That call not ye unclean.” Art thou not bless’d, my cherished home ? Thy sons are true, —thy daughters fair ; From mountain’s crest to ocean’s foam, Thy land is free from care ; Wealth glitters in thy golden mines. Health lives amid thy hills of blue, Religion's light above thee shines, And Plenty smiles here too. Aye ! there are hearts within thy land As warm, and brave, and pure and free, As throbb’d among the Spartan brtnd Os old Thermopylae; And like that band, should foes invade, To seek thy rights from thee to tear, Thy sons will lift the sheathless blade, And bid thetn Come, who dare 1 As cluster’d in the days of yofe, Thy heroes 'neath the “ stripes and stars,” Unmindful of the sea of gore, And heedless of their scars ; So evermore, that banner round, In hours of peace, or days of strife. Still be thy gallant children found. To guard it with their life; GOD bless it! may its spangled wreath, Be ne’er disgraced by sons of thine, Still may they cling its folds beneath. In one unbroken line ; And still, in ages yet untold. As brightly ’earn its glory's sheet!, As when it waved, with scanty fold, Above the old Thirteen ! > My native State ! my cherish’d home ! Hallow’d alike by smile and tear. May Glory o’er thee build her dome, And Fame her temples rear; One hope is to my heart most dear. One boon at Fortune’s hand I crave, Fate made me date fny being here. Let Fate make here my grave. SuvUtlnab, G“o. R< M. C. From the Augusta Mirror- PRIZE TALE. ' THE BRITISH PARTISAN A TALE OF THE TIMES OF OLD. BY MISS MORAGNE, OF SOUTH CAROLINA. CHAPTER 111. CONTINUED. “For there was breathing round him all the charm Os high devotion to his country’s weal; And the bright panoply of gold and steel That mailed his breast and glitter’d on his brow, Gave proud assurance of a soldier’s bow.” “He came to bid adieu : ” In a grove of beautiful trees about a mile from the river, stood a building which for the early days <jf which we have been writing, might have been considered splendid. It was large, and lofty in its proportions, and though of rude and unfinished workmanship, from its superior size, the beauty of its grounds, and the richness of its furniture, it had that air of aristocratic pride which belongs essen tially to the English gentry whether on this or the other side of the Atlantic. But it was not more the seat of wealth and taste, than of kindness and hospitality; and in these troubled time, the wretched found a stiei'i ’’ t^crc from oppression. Yet, it had not of itself reaped the curse ot that despi cable species of civn Warfare. All utound was silent and lonely, where Bci.'.’ e industry | and cheerful life reigned ' hitherto. The slaves Were scattered like sheep without a fo'd, and the deserted farm yard, ai d broken fences of the trampled conflelds, bore evi jUnce of predatory incursions. A short time afICT ‘.’'o events recorded tn the last chapter, two young girls were standing in the loftiest balcony of that building, which sat airily among the green branches of the ma jestic oaks, and looked out through their open ings upon a landscape which extended to the river, and bounded itself by the hills of Geor gia, in all their rugged and varied aspect. The river wound round to the north, tied lay like a lake, with the waters sparkling in the sun; and a little farther on, where they, through “arching willows stole away,” a column of smoke suspended over the rich trees revealed the site of Vienna. It was a beau tiful ’'icture, itrtfll its varieties of river, vale "tuid bill, ns'viewed tlMWigb the mellow light of morning. But the fair beings in that balcony seeded too much engrossed with more’earthly feelings, to et'joy the sereni ty, almost divine o's tliat ptospeet. It was evident that one of them had been Vrcoping; and as the arms of the other encircicd her,, the afflicted one’s bead rested bn her bo som. “Mv dear Annette,” —said the fairer, but not more beautiful of the two, —“forget him : he. is unworthy of you !” Annette Bniyesant, for it was she, raised herlieiid fr.>ni the bo oin ol her friend, and regarding her with a steady sotrowlul guinea she said in a tone which was embittered by a slight reproach':— ‘•Selina Anderson, von have never loVeu I A crimson flush overspread the features o! the fur girl ihps addressed* even to the net !•. and temples. She turned hastily a>way, am! h, r bosom heaved v mvu'sivel* ; but til mi gi,i, “WHERE POWERS ARE ASSUMED WHICH HAVE NOT BREN DELEGATED, A NULLIFICATION OF THE ACT IS THE RIGHTFUL REMEDY.” JefferSOH'. she threw her arms around Annette, and pres sing her cheek to hers, she said in a soft, low voice— “ Forgive me Annette, if I have seemed to distrust tho strength of woman’s love. Ah, I know its fidelity, through peril, disgrace, and ay, sometimes through coldness, and neglect,’ —then sinking her voice still lower, as if afraid to hear her own confession, she continued— •l too love: —one that is brave honorable, and respectable ; but— ’ She stopped and blush, ed still deeper, for it was the first time that tho proud heart of Selina Anderson had con fessed this much. Gifted with a mind above the ordinary portion of her sex,she possessed powers of endurance and concealment, which gave a proud dignity to her manners; and those who saw her only in the friendly, but reserved intercourse of social life, never dream ed that she sighed over a cherished, but unin vited passion. They had not left the balcony, when a horseman rode into the yard,—he was in mili tary dress, and armed for travelling as appeal ed by the pistols at his saddle bow, and the sword which hung in its polished sheath at his side. His slender, graceful form, had an air of uncommon neatness, and gentlemanly elegance ; and his very handsome features ex pressed a singular union of feminine softness and masculine pride. But there was times, when that doubtful expression fled before the noble daring of his high natural tempera, ment. When be perceived the ladies, he rein ed up his fine steed, bowed low, and then springing from his seat, in a few moments was by their side. “Fair ladies,” —said he, speaking in a tone of playful chivalry, wh ch was rendered al most timid by his native baihfulncss, —‘I have come to render you, your knight’s last hom age before his departure.’—and he made a mo tion of lowly reverence. Annette held the hand of her friend; and on looking in her face, perceived that she had suddenly Oecoine very pale, and unable to speak. With the true instinct of a woman's heart, she instantly comprehended the feelings of Selina Anderson, and finding it necessary to say something, she enquired of the young man whether he was bound. i " “I go, Miss Bruyesant,”—said he,—‘to join my brother at the block house. We shall be called upon soon, to co-operate with Gen. Morgan, and I have come to beg the charms of your prayers against the dangers of war; for surely,’—he continued with playful badin- age,—‘the prayers of love can avail much.” Annette could not refuse a smile to this piece of ironical gallantry. ~ i " “You speak lightly of a very serious matter Mr. Pickens,” —said she, —‘but if the prayers of a grateful heart can avail, you will go un harmed. I cannot forget, that ’tis to you, I owe my farther’s life, and the peace and secu rity I now enjoy. May God bless you sir !” The smile Vanished from the lips of Lieuten ant Pickens, and he replied warmly : “Speak not of it, Miss BruyesaTit; it wits but doing my duty to my country, to succor the distressed,—and my God forget me, when I forget her calls! But Miss AndcAson.’—he continued, in a voice which softened involun- ( tarily.-—’has she yo word to encourage a war- • rior in the hour of battle?” Selina Anderson had hitherto stood leaning against a column, with her fingers wound in a braid of her own fair hair—font on hearing this, w ith a faint smile, she broke a sprig of the oak which played around her head and said with forced gayety : “Take this—and remember that Selina An derson believes that you will deserve it!'’ “Dear type of heroic deeds,”—said he with playful enthusiasm, as he received the branch, —may I never do aught to impeach the judge ment of the fair one who bestows thee!” A few moments afterward, and the young Lieutenant Stood on that balcony with Selina Anderson alone. Annette had some how or other disappeared. His manner now evinced an embarrass ment but little short of awkward ness, and very different from its former gay and easy tone. There is nothing more trying to a shy man, than a tele a tete with a lady under common circumstances ; and Lieutenant Pick ens had for a long time, most unaccountable to himself, experienced a secreet uneasiness in the presence of Selina Anderson. Perhaps it was owing in part, to the high and unmoved dignity of the young lady’s tnauneis. He did not analyse his fellings, but he felt that when called upon to address her by a single word, he was more than usually reversed, and he avoided the slightest allusion to love. But the greater the effort to conceal itself, the more evidently is love betrayed. As has been most wisely observed by one who possessed a key to its thousand myseries— ‘■A murderous guilt shows not itself more soon, Than love that would seem hid;” and it is doubtless, a consciousness of this fact that makes even the bravest of men appear very cowards before tho objects of their afl'ec. tion. The pride of the human heart is so easily alarmed, —so s nsttive ! Selina W 3« the first to speak ; for nothing woman more than s?C- rc ill such a situation. “You go so soon? Mr. Pickens.” “To-morrow Miss.” ‘And perhaps wo may never see yotl again,’ —said Selina with mournful earnestness, aS if she had involuntarily spoken her thoughts aloud. The eyes of the young man fixed on her for a moment steadily, until they became ten der in their expression. “And will Miss Anderson regret me?” he asked in a low voice. The tone of that question restored Selina Anderson to herself again. The rich blood crimsoned her cheek, as she thought of the warmth she had betrayed, and she answered with her usual proud indifference : “Mr. Pickens would be regretted by till who know hirti, and certainly I, who claim the title of friend, might mourn his loss. Her frigid coldness dissolved the enchant, metit to which lie had tor a moment yielded, recalled the young officer back to the stern, but high path which duty had marked out for his contemplation. “It would be glorious to die thus: beloved tuid regretted he said musingly,— ‘ but Mies Anderson,’ —bo continued, with rising ar.imatjon ; ‘ it is not the drearn of a vain, mid selfish ambition which acluaJes <ur spirits; we are no tyrants Lending on the empires we have ciiishi d. Out country calls; it is the voice of reason, of humanity, and of freedom ; and in hfe or death, we are hers.” The young lady seemed to “have caught something of his high enthusiasm ; for her e', e.s sparkled through the tears v Inch Sung tike dew drops oi> her siik-m lashes: “ (io on,’->*siiid she, —• I fe< 1 that yon will ec ijuer al ! ■ t for certainly, none but th- ATIIEAS, GEORGIA, SATURDAY, JANUARY 19, 1839. God of battles has inspired that high and ho ly patriotism !” “I doubt not of victory,’—he replied with a smile, —‘ though the prospect is at present discouraging. The friends ofliberty will die in the cause ; and puch perse verence does not often fail of ruccess. For myself, I go for ward in the confidence ol right, and it it de. mands the sacrifice of my blood, it shall not be withheld penuriously. Freedom must be established at whatever cost !” “Alas!’—said Selina; 4 how much noble blood must be spilt to rear that sacred edifice! And those who have laboured most, may least enjoy its benefits.” “Yes, Miss Anderson; but the friends of liberty would answer you in the words with which our noble Washington replied to the suggestions of the Governor of Virginia,”— and the young sfficer’s eyes brightened as he repealed that beautiful sentiment : “ What if I fall f my country’s praise V ill grant my memory honor still ; And if they fill la recollect; The God of justice never will!” Selina’s heart beat thick, and fast, and she held her breath painfully as she .replied with outward calmness : “ Far be it from me to ehill that virtue. If I had a Wafrior’s afrit, it should be among the first to strike for liberty ; but life should not be thrown rashly, even into a no ble cause, and —and,’ —she hesitated a mo ment ; and then continued rapidly, with down cast eyes; ‘and remember. Mr. Pickens, there arc those who wish you to guard yours, next to your sacred honor.” A bright glow overspread" the marble brow of the young officer, ns he ftirned quickly, and took her hand. ' “ Selina—Miss Anderson ’’ he com- menced :—the confusion oil his cheek grew deeper ; the half-formed wprds of passionate declaration, which seemed Ito tremble on his tongue died away and pressing her hand to his lips, he rushed down the stairs, and was out of sight in a moment. “And is he gone! solitude, How oft that Question will intrude.” Selina Anderson atomi eyes strain ed in the di reclion ; and when she had assured indeed gone, her woman’s .her forced and proud and wept i long, long. ‘lt was IjiHy «mt past, and he stood there ■>n m - ost dear i to her breasL’ ’"’ps perhaps, < apd ijow as sight with ; •Ije mei</ncho!« might nev- I or see him " te poor gfrl«Wt«;i 1 she was which a raw oRwJp!, With- drawn. of j ' jig-jit's ■•'as he r ’'tf pal® emotion not hers. He mused upon her wrtfqgfftid hut ‘ often, drissement,’ so different from really dis passionate exterior ( and a deli-Cqijg ‘ sensation thrilled his heart with the idea, Unit he was be loved. His own feelings, long repressed, or I unrecognised, arose with full fores in his” ! breast ; but no IVlVped onwardinthe path of duty, he feltuhat he had “ A rougher task in hand. Than to drive liking to the name of love and with warlike phylosophy, he endeavored to banish the tender thoughts which oppres sed him. But that which nature was insufficient to accomplish, fate contributed to effect. The I road he was pursuing was a lonely, retired path, leading over a ridge of hills for some miles, —new descending into a valley where the world seemed bounded to a span, and a gain ascending to the summit of a hill, as high !as the tallest trees of the dell. As he was I entering one of these profound hollows, Lieu, tenant Pickens stopped suddenly, struck with surprise at the sight of a beautiful horse which i was picking the tender grass, where a little ! stream struggled along, dashing against the foots of a tree; or foaming among the masses i of rock scattered through the ravines. The < young officer was a great admirer of this no- ' I ble race of animals; and a perfect connoisseur 1 lin their excellencies ; and he thought that he t had never seen a specimen ttiofe superb than ’ that he noW beheld. It was a horse of’pro- t digious size, and strength, but without the clumsiness which usually attends these attri butes. On the contrary, the flexibdty and t grace of his limbs, seemed to embody the 1 “ speed of thought.” His flowing mane wa- I ved on the ground as I e grazed, and his coat i was black, and shining; but as he lifted his 1 head, and recognized the approach of a strati- I ger, by throwing back his small cars, and I snuffing the air with his wide nostrils, a white ' crescent appeared in the centre of his fore. I head, which relieved the uniformity of his co- i lor. Fascinated a' the sight of so beautiful i an animal, Lieutenant Pickens did not at first I observe a man, who, eveloped in a horseman’s < cloak, with a cap drawn over his brows stood i in apparently deep thought, leaning against a i tree, not tar off. When the horse by a nat- i • ural ir.sii;:?*, testifyed tlr-t they were not alone, | | the u..known raised Lis lieaJ w”L a ‘ u ’- and • I his hand insu..”‘t ■Jy grasp.! h:s sword. As 1 Ihe did so, the glimpse of a British uniform t j aroused the suspicious of the Li ufemiffl, "...f, fully rmpresssed Wjtluthv belief that it was ■ one of the many cmmissnrics sent out by the ( British to incite the itieiirgetit royalists, he de termined not to let him t>aSs unnoticed. lie first hailed the mail; but receiving no answer, betook a pistol from his saddle now, and advancing near him, —for Lieutenant Pickens ItneW no fear;—he demanded his name, and motives, er the surrender of fits arms. The next insla.it he felt himself' in the fierce grasp of lite stranger, and the contents of the pistol were lodged tn the tree by which he had been standing. The slender farm ot the brave Pickens; was as a reed in the hands ofthe other ; but though thrown upon the ground with a drawn sword suspended over him, he asked no quarters. The cloak had fallen, and revealed the Bri tish dress of the stalwart conqueror, and as he looked down with a haughty smile upon his prostrate foe, he said in a slow, and mens. tired lone: Aou have attempted my lilc, withoii' know iiig aught evil of me ; bet you are brave, and a soldier, and I give you yours, now it is at Civ Hiercv. But boWare; how you tempt again the desperate hand ol Ralph Cornet ! Pickens, who had begun to be touched by ihist noble conduct, sprang to bis f.vt on hear ing that name, and stamping i'll lite ground in a fierce, ungovernable rage, he drew Ins sword, exclaiming : “ God I 1 will not owe mv life to so vile a creature 1 D feud yqursidt,” ■Ralph Corm.t pa. rind his -first lunge, and ere Pickens had time to make a rtiore successful thrust, the knee of Cornet was again on his breast, and his face for the first tittle appear, ed convulsed With passion. “RaSh man,’ —said he in a quivering voice, —‘have I not said beware ? Will you now promise peace; dr shall I be obliged; for the first time, to dip my hands in the blood of a countryman ?” “No,’ —said Pickens, sullenly,—‘l ac. knowledge your superior strength, but we shall ever be foes.” “It is enough;’—replied Ralph, at the same time relaxing bid grasp,—‘l Cao eipect no thing else. Ido not ask for friendship ; but remember Mr Pickens, that the man who has twice given his life to a bitter foe, does not deserve the epithet of vile !” Lieutenant Pickens seemed to be struck with these sentiments in a man, whom He had hitherto regarded as a ruffianly traitor, for he had never known him personally, and in bla zoning the bold deeds and evil principles of the young Cornet, had forgotten to speak of his youth, his inexperience, and his gentle blood. The American officer was no less surprised at these sentiments of honcir, than at the extreme ly youthful appearance of the man, compared with his gigantic strength. A feeling rose in his mind mingling regret with indignation, to see'.his extraordinary work of natuie perver ted from its nobler purposes ; and he said with strong emphasis, in reply to Cornet’s last re mark : “ But you will acknriWledgc, Slf, that yotl have deserved the hatred of your countrymen, not only for the evil you have done, bitt for the good you have left undone. You might have have been ” It mutters not what I might have been,’ — interrupted Ralph impatiently,— 1 1 will abide the consequence of what 1 am ?” “Unhappy man,”—answered Pickens ; ‘if not naturally bad, you have been wofitlly mis led. But even now. if you wish well to your country” “ I might deserve the name of traitor, which you give me said Ralph, with a smile full of scornful bitterness, supplanting the though! of Pickens. The officer would have added something more, but the other turned from him, and call inghts horse by name, the animal walked up to him, when he threw on its accoutrements, mounted, and depatted. Pickens waited until he was gone, with mingled feelings of anger, shame, and inter est. That bold, man hud so proudly subdued, and scorned him and with sitch lofty pride too! But his bitterest thought was, that he owed him the debt of a lile doubly risked, and was bound by the laws of hunor la take no meas. ures agafinst him*. ' (Ta be Continued.} « Wi^ EE BANKINq ‘ •. authorise the buafnessjof Bank, ing the Mfn& f. Be it ertdZt&l hy the Sena'e and. House of Hepresentatives oj the State of Gear >gia in general assembly met, and it is hereby enacted by the authority of the same, ThftUh* citizens of this State shah have the privilege of Banking from and after the passage of this act, upon the terms and conditions contained tn the following sections of this act. The Comptroller together with two Commission ers to be appointed as hereinafter directed, or a majority of them, are hereby authorised and required, to cause to be engraved and printed in the best manner, to guard against counter, foiling, such quantity of circulating notes, in the similitude of batik notes, in blank, ofthe different denominations, authorised by the io. corporutcd banks of this State, as they may from time to time deem necessary, to carry in to effect the provisions of this act, and of such form, as they may prescribe ; such bank cir culating notes shall be countersigned, num bered and registered, in proper books to be provided and kept for that purpose in the of fice of said Comptroller, under the direction of said Comptroller and stud Commissioners by such person or persons as they or a majority ofthem shall appoint forthat purpose, so that each denomination of such circulating notes, shall be of the same similitude and bear the uniform signature of such register or one ot such registers. Sec- 2. And be it further enacted, That whenever any person or association of per sons, formed for the purpose of banking under ■ the provisions of this act, shall legally trans fer to the Comptroller and said Commission ers or to their successors in office, any por tion of the public debt now created or hereafi. ter to be created by the United States or by this State, or such other- States of the United States as shall be approved by the said Comp troller and Commissioners or a majority of them; such p'rson or association of persons shall be entitled to receive from such Comp troller and Commissioners, an equal amount of such circulating notes of differ; tit denomin ations, registered and countersigned as afore said, but, such public debts shall in all cases be, or be made to be equal to a stock of this State, producing five per cent., per annum, and it shall not be lawful for said Cotnptroile r JLI i Comrutssioaers to lake any stock ; t j a .- atc I above or below 11S p ar value. Sec. 3. And be it further enacted, 'That Such persons or association of persons, are hereby authorized, after having executed and signed stich circulating notes tn the manner required by the provisions of this act, to make them obligatory promissory notes, payable on demand, at the place of business, within this State, of such person or association to loan & circulate the same as moneys according to the ordinary course of bulking business, as regula ted by the laws and usages of this State. Sue. 4. And be it further enacted, Tha< in case the maker or makers of any such circula ting notes countersigned and registered as aforesaid, shall at any time hereafter on law ful di’fhtii’.d, during the usual hours of bust ness between the hours ofuine and two o’clock, at the place where such note is payable fail or refuse to redeem such note in gold and sil ver coin, ofthe standard value of the United States; the hclder of such note making such demand, may cause the same to be protested for iibn-puvrtieut by a notary public, under His seal of office, in the usual manner, and the Comptroller and said Commissioners on re eeiving and filling in the office of such Comp troller Sitfch protest, shall forthwith give no tice in writing to the maker or makers of such note to pay tho sane, and if lie or they, shall omit to do so lor sixty days af;< r such notice, the said Comptroller and Cotumissioti ers, shall immediately th<‘reuprin (unless they ora majority of them shall be satisfied that there is a good and legal defence against the payment of such cute oi' nbtes) give notice tu the pant rs printed in Milledgeville, that all the circulating notes issued Jjysuch person or as sociation of persons, redeemed out of , the trust funds in their hands for that purpose, and it sllall be lawful for Said Comptroller and Commissioners to apply the Bai( i truat funds belonging to the maker or makers of s published notes to the payment and redemp tion thereof With Cost of pretest; and to adopt such measure for the payment of all circulu. ting notes put in circulation by the maker or makers of such protested notes pursuant to the provisions ot this act, as will in their opin ion most loss to the holder thereof. Sec. 5. And further enacted, That the Said Comptroller and Commissioners may give to any person dr association of persons so transferring stock, in pursuance of the pro. visions of this act, powers of attorney, to re ceive interest or dividends thereon, which such person dr association may receive and apply to their own wee ; but such may be re voked, upon such person or association of per sons failing to redeem the circulating notes so issued as aforesaid, or whenever in the opin ion of the said Comptroller and Commission ers, the principal of such stock shall become an insufficient security ; and the said Comp troller and Commfssiouers; upon the apnlica. lion of the Owner or owners of such transfer red stock in trust, may, in their discretion, change or transfer the same for other stocks of the kind and value before specified in this act, or may re-transfer the said stocks or any part thereof, or the bonds*and mortgages or any of them hereinafter mentioned and provi ded for, upon receiving and cancelling an equal amount of such circulating notes deliv ered by them to such person or association of persons in such manner that the circulating notes shall always be secured in full, either by stocks or by bauds and mortgages, as m this act is provided. Sec. 6. And be it further enacted, That the ■ bills or notes so to be countersigned, and the payment ot which shall be so secured bv the transfer of public stocks, shall be stamped up on their face “ secured by the pledge of pub lic stocks.” Sec. 7. And be it further enacted, That in stead of transferring public stocks as aforesaid, to secure the whole amount of such bills or notes, it shall be lawful for such person or as. sociaton of persons, in case they shall so elect before receiving any of the said bills or notes, to secure the payment of the said bills or notes ) so to be issued, by transferring to the said Comptroller and Commissioners, bonds and mortgages upon real estate, bearing at least six per Cent, interest, and payable annually or semi-annually, in which case all such bills and notes issued by said person or association <if persons, shall lie stamped on their faces “ sc cured by pledge of real estate.” Sec. 8: And be it further enacted, That such bonds and mortgages shall be only Upon Unin cumbered tends within this State, worth inde pendently ofi the buildings thereon, at least double the amount far whiter they shall be so mortgaged, and Comptroller and Commission ers shall prescribe such regulations for ascer taining the tit||g and the value of such lauds, as , tU 7J iay deem necessary ‘ and such -k and mortgages be payable within times as the Comptroller and > may direct. j Sec. 9. And be it further enacted, The said Comptroller and Crimmissiouers may in their discretion reassign the said bonds and mortga ges, or any of them, to the person or associa tion of persons who tfansfetfed the same, on receiving other approved bonds and mortgages, or other unquestionable security, as allowed by the preceding section of this act, of equal amount and value. Site. 10. Ind be it further enacted, That the persoa or assOct&tiou of persons, so as. signing such bonds and mortgages as afore said, may receive the annual interest to accrue thereof, Unless default shall be made in pay ing the bills or notes to be countersigned as aforesaid, or unless in the opinion of the Comp, troller and Commissioners the bonds * mort gages so pledged shall become insufficient sccutify for the payment of such bills or notes. Sec. 11. And be it further enacted by the authority aforesaid, That in case such person, or association of persons, shall fail or refuse to pay such bills or notes cn demand-, in the I manner specified in the fourth section of this : act, the comptroller and commissioners, after the sixty days’ notice therein mentioned, may proceed to sell at public auction the public stocks so pledged, or the bondsand mortgages! so assigned, or any or either of them, provided the amount so refused to be paid, be not paid by said association within the sixty days-, out of the proceeds of such salec, shall pay and cancel the said bills or notes, default in paying which shall be made as aforesaid ; but nothing tn this act contained shall be considered as implying any pledge or liability on the nnrt of) this State, for the payment of the said Lilis or no es, beyond the proper application of the se curilies pledged to the comptroller and com missioners for their redemption. Sec. 12. And be it further enacted by the, aforesaid, That the comptroller and ; commissioners shall be, and they are hereby ; authorised to feCeiVe from such person or us- j soeiation of persons, if they shall so elect. | bonds and mortgages for lands or town proper ' ty, or negroes, before receiving any of he said bills or notes : Provided nevertheless, that the said comptroller and Commissioners shall be satisfied ofthe title and value thereof; and' provided also, that the said town or other pro- j pertyi if subject to diminution or destruction ! oy fire, shall be ensured to the satisfaction of! such comptroller and commissioners, or a ma- j jority of them ; ahd provided further, that the negro property to be offered do not exceed j one half of the whole amount of stick bills or ! notes. And whenever the bills and notes so | to be issued, and the payment of winch shall I be sebured its contemplated in this section. | said bills and notes shall be stamped on the ' face ‘secured by the pledge of real and per ! sonal propertv.’ which bonds, mortgages, and i negroes, sha 1 be sold in like manner as pro- , petty is sold under execution, and in the conn- i ty where the owner or owners thereof reside,] and by the sheriff of the comity, by order of the comptroller and commissioners. See. 13. And be it further enacted by the \ authority aforesaid. That no stockholder or j any officer of said bank shall borrow money j from the pledge of his stock, but shall give ; ihe same security as other borrowers of said ' bank, and such security shall not be either a] director or stockholder in said institution. S c. 14. And be it further enacted by the authority aforesaid, That the public debt,] stocks, bonds and mortgages, to be deposited] with th. eoinp roll ■' ..d enmnis< >s bv anv such perse ; h l-rn; bv them exciust.cy tut lite ieucmptiou ot litej Vol. VI—Ao. 37. bills or notes .of such person or Associations put in circulation! as money, until the s»wrt« are paid ; but the sarile shall be renewed every five years, if, in the opinion of the comptroller and commissioners, or a majority of them, such renewal shall be required to streugtbeii such security by the addition or substitution of other property. Sec. 15. And be it further enacted by the authority aforesaid, That the platofl, rib-fl; and materials, to be procured as aforesaid, for the pl’tiillng, making and marking tlie circulating notes, provided for by this act, shall reuiaia id the custody, and under the conlrol and direc tion ot the comptroller and commissioners, and the expenses necessarily incurred in executing *’* the provisions of this act, shall be advanced >y the assocution or associatioas applying for such notes. And the said comptroller and commissioners are hereby authorized and re quired to charge against and receive from mieh person or association applying for such circa, luting notes, such rate per cent, the row as rnxy be sufficient for that purpose, and us ui«y bd just and reasonable. Sec. 16. Awl be it further enacted ty the tttithcrity aforesaid, That it shall not be law. fill for the comptroller ai d commissioners, or other officers, to countersign bills or notes for any person or association of persons, to au amount in the aggregate exceeding the securi ty offered at its value as before provided for, and actually deposited with the comptroller and commissioners, by such peison or associa tion ; and any comptroller, cusriniitiSfOnel’, or other officer, who shall violate any of the pro visions of Ulis act, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by a fine not less than ten tholkand dollars, and imprisoned hot less than five years in the Penitential y. Sec. 17. And be it further enacted, That if any person or association of persons shall be convicted of running eff, or attempting ao to do, any negro slave so mortgaged as afore said, of of selling or disposing of such rnort; gaged property, which may be removed cut of this Slate, ho or they shall be adjudged guilty of a felony, atid shall be punished by Caiifine rnent in the Penitentiary lid a term not less than five, or more than ten years, at the dis cretion of the court. Sec. 18 And be it further enacted. That any person «r number of persons may assitci. ate to establish offices of discount and depo. I site, and circulation, Upon the terms and ditions. and subject to (he liabilities prescribed by this act; but the aggregate amou.it of the capital stuck of any such association shall not be less than one hundred thousand dollart; Such persons, Under their hands and seals, shall make a certificate, which shall specify ; I. The name assumed to disiinguish such association and to be used in its dealings: Provided, The name of any existing Imnk, »if any name previously selected by any asaoeia tion, formed nuder this Jaw. be not tissUriictL 11. The place where t|ie operations of dis. count arid deposite of such- association are to be carried on, designating the particular city, town. orVilL.ge. lit. The amount of capital stock »f such association, and the number of shares into Rvhtch the same shall be divided. »_IV. The names and placet of residence__pf irnesnaretioldertUanu '!'i iilWWiiitJtSKuret’* held by each of them respectively. V. The period at which such assoriattuu shall commence and terminate. Which certificate shall be approved and acknowledged, and recorded in the office of the clefk Os the superior Court where any ef fiee of sudh associatiob shall be established, and a copy thereof filed io the office of the comptroller. Sec. 1 (h. And be it farther enacted. Thai •he certific .te required by the proceeding section tu be recorded and filed as aforesaid, or a copy thereof, duly certified ftohi the fU* cord, shall be received in evidence in any court in this State; Sec. 20. And be it further enacted, Thai such association shall huVe power to carry on the business of banking, by discounting bills, notes and other evidences of debt, by recetv. ing deposites, by buying and selling gold and silver bullion, foreign coins and bills of ex change, in the manner specified in their char ters of association for the purp. ses authorized [ by this act. by borrowing money on real oi personal security, and by exercising such ac cidental powers as shall be necessary to carry on such business, to choose one of their num.- ber as president of such association, and tu appoint a cashier, officers and agents at plea; sure, and appoint others to their places. Sec. 21. And be- it further enacted, Thai the shares of said association shall be deenied personal property, and shall be transferrable on the books of ’.he association in Such Ulaniiet US may be agreed upon in the articles of associa tion ; any and every nersoa becoming a Snare- I holder by oUV n transfer, sHah, in pr» pottion to his shares, be secured to all the rights and lia-~ bilities of prior shareholders, and no change' shall be made in the articles of association by which the rights, remedies or security of its existing creditors shall fie weakened or itii-- paired. Such association shall not be dissolv ed by the death or insanity of any of its share holders therein. Sec. 22. Jlnd be it further bnabted, I’hat it shall be lawful for any assocstHHT“ — organizing Under this act by their articles of association, to provide for an increase of their capital and of the number of the associates fiom time to time, as they may thii k proper. Sec. 23. And be it further enacted. That contracts made by any such association, and all notes and bills by them issued and put in circulation as money, shall bo signed by the president or vice president and eashier of such •association thereof, and all suits and actions brought, or prosecuted by of in behalf of such association, may be brought or prosecuted in the name of such association, and no such suit or action shall abate by rcasoti of the desth of any officer or member of such association, but upon suggestion of such fact, parties inay be made and the case proceed as if no such disu bility hud intervened. Sec. 21. And be it further enacted, Thu all, persons having demands against any such as- I soeiation. may maintam actions agatust it in : the name of such association in like manner; ' and all judgements and decrees obtained or rendered against such association for itijr debt ! or liability of such association, shall he ctiforc ] cd asratust the joint property nt siutih Ussocia ! tion u til that shall huVo been exhausted, and 1 when that shall have been exhausted, then 1 against the property ofthe individual stock holders r iteably. « I Sec. 25. And be it further enacted. That no sh .reh dd.u- of any suCh associa ion shall b<t liable to his individual rapacity, for noy c-m --trac'. d bt. or eugageiitents of s rch nssocia j u ju, unless the aiiiiilus ul ussucialidu By bud