Georgia Historic Newspapers

    CHRONICLE & SENTINEL.
BY WILLIAM S. JONES.
DAILY, TRI-WEEKLY & WEEKLY
OFFICE IN RAIL ROAD BANK BUILDINO.
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the subscription may be paid, expires before the re
ceipt of funds to renew the same, the paper will he
discontinued. Depreciated fund#received at valuem
this city.
FromtkeJournal * Messenger.
Supreme Court Decisions.
Minute of Points decided bySupreme Court
at Decatur , August Perm, 1849.
PREPARED BY THE REPORTER.
Merchant's Bank of Macon, Plaintiff in Error
vs. The Administrator's of John Rawls, de
ceased, Denfendant in Error. Assumpsit—
from Bibb—Motion for New Trial.—-1. In an
action for money had and received, it is only
necessary for plaintiff to prove title to the
funds and the receipt thereof, by the defend
ant.
2. The defendent being the President of a
Bank, and having collected funds of the Bank
does not take the case out of the general
rule.
3 The President of a Bank is not its collec
ting officer, and when he collects money be
longing to the Bank, he is neither general
or agent, or trustee, and is bound as
goon as he receives the money, to pay it over
to the proper receiving and disbursing offi
cer.
4. A party introducing the books of the op
posite party in evidence upon trial, may ne
vertheless, assail them, so far as to prove that
the entries relating to the case at bar, made
therein, are fraudulent, erroneous, or made
through mistake, &c.
5. The finding of a jury for most purposes
is not a verdict until returned and recorded, and
the jury may revoke or amend their verdict be
fore it is recorded.
6. A party has no right to dismiss his action
in any case after the publication of the verdict,
and the verdict shall be considered and held to
be published when it is returned into Court
and handed to the counsel, or other person, di
rected by the court to receive it. —Judgment
reversed. Rutherford for Plaintiff, Gresham
and S. T. Bailey, for Defendants.
Bishop Parsons, Plaintiff in Error vs. The
Mayor of the City of Macon, Defendant in Er
ror. Motion for a New Trial—from Bibb.—
In an action on the case in the nature of an
indebitatus assumpsit, to goo do, wares and mer
chandize, destroyed by order of the constituted
authorities of a city, in order to arrest the pro
gress of a fire, the court will set aside the ver
dict of the jury and grant a new trial, provided
the damages assessed are merely nominal and
grossly disproportioned to the value of the
property destroyed, or injury proven to have
been sustained.—Judgment reversed. Hines
and Hines for Plaintiffs, Poe and Nisbet for
Def’ts.
Mayor and Council of the City of Macon,
Plaintiffs in Error vs. The Trustees of Bibb
County Academy , for the use of Elam Alexan
der, Defendant in Error. Illegality—from
Bibb Superior Court.—l Where a judgment
has been transferred and become dormant.
Held, That it is regular to revive the judgment
in the name of the original plaintiff for the
use of the assignee.
2. Where a judgment was obtained in 1838
and become dormant, and was revived subse
quent to the act of 1845, reducing the rate of
interest from 8 in 7 percent., Held, That the
revived judgment draws 8 per cent interest per
annum.—Judgment affirmed. Poi and Nis
bet for Plaintiffs, Powers and Whittle for De
fendant.
A. P. Powers and Another, Plaintiffs in Er
ror vs. Scott Gray, Receiver of the Ocmulgee
Bank, Defendant in Error. In Equity—from
Bibb Superior Court. —1. Equity will not en
tertain jurisdiction of a mere matter of account
between parties, unless there exists some par
ticular circumstance, rendering its interfer
ence necessary.
2■ In a proper case made, a bill in equity
will lie as between client and attorney.
3. Equity will entertain jurisdiction in those
cases only, where it is apparant upon the face
of the bill, there exists no adequate common
law remedy.
4. In those cases, where, under the English
or common law, equity and common law had
concurrent jurisdiction, is not equity ousted of
its jurisdiction, by the Statutes of Georgia ?
Judgment reversed. Power and Whittle for
Plaintiffs, Poe and Nisbet for Defendants.
The Administrators of McFarland, Plaintiffs
in Error vs. The Administrators of Freeman,
Defendants in Error. Assumpsit—frem Pike
Superior Court.—l. The admissibility of a
record in evidence, is to be determined by the
court, from an inspection of the same.
2. The true test of identity of the cause of
action in different suits is, will the evidence ne
cessary to support one, be admissible to sus
tain the other?—Judgment reversed. Hill &
Stark for Plaintiffs,Hammond and S. T. Bailey
for Defendants.
The Mayor, fye., of Macon vs. The Macon and
W. R. R. Company. In Equity—from Bibb.—
1. A Railroad Company are entitled only to
those privileges granted them by their charter
and such as are incidentally necessary for the
enjoyment of the chartered privileges.
2 The right to transport produce from the
terminus of their road through an incorporated
city, and over a toll bridge to the depot of ano
ther Railroad, is not such a privilege.
3. Under the Act of 1847, giving the Mayor
and Council of the City of Macon, the right
“to regulate the tolls” forcrossingthe Bridge at
M aeon—Held, that the Council have authority
to pass an ordinance*,’to require lolls on
drays loaded with cotton and corn, not
withstanding the provision of the Act of
1828, restricting the Council from laying
such toll; and more especially, because the
grant from the State to the City of the Bridge,
is unconditional —Judgment reversed. Gresh
am and Powers for Plaintiffs. Poe and Nisbet
for Defendant.
Martin vs. Atkinson. In Equity—from Pike.
1. The identity of a tract of land cannot be
proven by witnesses who swear only to what
they heard from neighbors, living on adjoining
lands.
2. A sale by the Sheriff of a tract of land un
der a fifa against the vender amounts to an evic
tion of the purchaser.
3. If the purchaser is forced to remove an
incumbrance on the land, the amount paid by
him, is the proper measure df damages to be
paid by the vender; but if the purchaser is
evicted, the original contract of sale is va
cated, and the purchaser is entitled to recover
back what he has paid on the contract, together
with a reasonable compensation for the im
provements placed upon the premises.
4. A fortiori, where there is an express con
tract that the vender shall pay for the im
provements in the event of eviction—Judg
ment reversed. W. W. Arnold for Plaintiff
in Error, G. J. Greene for Defendant.
Stubbs, Administrator, ifc., vs. the Centra i!
Bank. In Equity—from Fayette.' 1. The cer
tificate of the Judge that the Bill of Exceptions
is true and cunsistent with a part of the pro
ceedings before him, is insufficient where a/i!
the proceedings are necessary for the deter
mination of the case. 2. The provision of the
Act organizing the Supreme Court, requiring
the Judge below, to certify that the Bill of Ex
ceptions is true and consistent with what trans
pired in the cause before him, requires that all
of the proceedings necessary to the adjudication
of the case should be included. 3 If the Bill
' ot Exceptions does not set out the decision
complained of, so distinctly, that the Supreme
Court may hear and determine the same, with
out danger of mistake, the writ of Error will be
dismissed. 4. If the error complained of, is
the admission of illegal testimony, the sub
stance of the testimony must be included in
the record, that this Court may judge whether
the testimony tvas material, or the decision in
jurious to the party. Writ dismissed. Tho
mas and Warner for the motion, Tidwell and
Ezzard contra.
Mays and Another vs. Taylor. In Equity—
from Pike. 1. Where a plea of Usury is with
held by one surety upon the promise of the
plaintiff not to enforce the judgment against
him until his co-surety proved insolvent— Held ,
that the failure of the plaintiff to comply with
his promise, would not authorize the Court of
Equity to open the judgment and inquire into
the usury. 2. A Court of Equity will, how
ever, enforce the performance of such an
agreement, after properly getting jurisdiction
of the cause. 3, The levy of a fi. fa. on per
sonal property in a different county from the
one where it was issued, will not give jurisdic
tion to a Court of Equity in that county to en
join the execution, when none of the defend
ants reside therein. 4. If the defendant waives
the question of jurisdiction by submitting to
answer, the plea cannot be afterwards heard.
Judgment reversed, with instructions. King
aud Harman for Plaintiff in Error, G. J. Greene
and S. T. Daily for Defendant.
Woodard and others, vs. The Executors of
Solomon. In Equity—from Bibb. Judgment
creditors of an insolvent Corporation which
has ceased to exist, may in Equity, seek direct
ly to set aside a conveyance made to defraud
such a Corporation while in existence, in or
der to condemn property so conveyed to the
payment of their debts. Judgment reversed.
Rutherford and Powers for Plaintiff in Error,
Cole, and Hardeman for Defendant.
Ketwellvs. Morrow. Ejectment—from New
ton. 1. A Sheriff, under the Act of 1799, is
authorized to make tides to land sold by a for
mer Sheriff; and it is not necessary for the
Court to pass an order requiring him to do so.
2. A Sheriff’s deed, reciting, thathe had “seiz
ed and sold” the land under a Justices’ Court
fi. fa., is valid, the Sheriff being seized of the
land when the Constable turns over the levy
to him. 3. If the party produces the judgment
and shows a reasonable diligence and good
faith in searching for the fi. fa., in the proper
offices, the deed will be admitted in evidence.
It is not necessary for the party himself to be
purged, as the law does not presume the paper
to be in his possession. Judgment affirmed.
Jones for Plaintiff in Error, Clark for Defend
ant.
Brown vs. Lee 8? Others. Motion—from
Newton.—An assignment of all his property
by an insolvent debtor, to a trustee, to be paid
to creditors unequally, is void under the Act of
1818. Judgment affirmed. Clark for Plaiu
liffin Error. Dawson for Defendant.
Stroud vs. Mays and Another. Case—from
Butts. 1. To support an action for deceit in
the sale of a negro, there must be either wilful
misrepresentation, or a fraudulent concealment
of defects. 2. The Court ought not to disturb
the verdict of the Jury, on the ground that it is
“contrary to evidence,” where there is no rea
son to believe that the Jury have overlooked
any part of the evidence ,or have been misled
upon any question of law—provided, there is
some evidence to support the verdict. A fortio
ri, where the preponderance of the evidence is
in favor of the verdict. Judgment reversed.
Stark for Plaintiff in Error, D. J. Bailey for
Defendant.
Lee vs. Brown. Motion—from Newton.—
A conveyance fraudulent against creditors, un
der the Act of 1818, does not divest the title of
the fraudulent grantor, so far as to render void
a subsequent mortgage made by him to secure
a bonafide creditor. Judgment affirmed. Daw
son for Plaintiff in Error, Williamson for De
fendant.
Tyler vs. Stephens. —ln Equity—from Upson.
A submission to arbitration, reserved to each
party “ the right to reject the award, and noth
ing said or done, is to operate against them in
future in law or equity.” The award was
made and ratified by each party. Held, that
the award thus ratified was good, notwithstand
ing the reservation in the submission. Judg
ment affirmed. Evans and Hammond for
Plaintiff in Error, Ezzard for Defendant.
Killenvs. Sistrunk and Wife. In Equity —
from Houston. 1, Where the case below is
against “John Killen, Executor of James H.
Killen,” and the Writ of Error is in the name
of “ John Killin’’ individually— Held, that the
Writ of Error may be amended by the Bill of
Exceptions. 2. lathe settlement of an Execu
tor’s accounts, the disbursements of the cur
rent year, as a general rule, should be deducted
at the commencement of the year, before in
terest is charged on the balance in his hands.
3. Where the Jury have made manifest and
large errors in arriving at their verdict, and the
means of ascertaining the fact, are before the
Court, a new trial will be granted. Case sent
back with instructions. Killen and S. T. Bai
ley, represented by Cobb for Plaintiff in Error,
Warren and Hammond for Defendant.
Bonner vs. Welborn. Case—from Meriwe
ther. 1. The owner of springs, supposed to
possess valuable medicinal properties, who
kept a Hotel to entertain the visitors to the
springs, who visited them either fortheir health,
or as a fashionable watering place, is not a keep
er of a “ tavern or a house of public entertain
ment,” so as to require him to take out a license
under the Statutes of Georgia. 2. The as
signee of property injured by a nuisance, erect
ed by a third person prior to the assignment,
may maintain an action against the wrong-door
for the continuance of the nuisance, without a
prior request to abate it. Otherwise, where the
suit is broughtagainsttheassigneeot the wrong
doer. 3. Where a person by erecting a mill
dam, rendered the watering place of another so
unhealthy, as to deter visitors from resorting
thereto — Held, that damages thus arising to the
Plaintiff, are not too remote upon an action
against the wrongdoer.—Judgment reversed
- Judge Warner dissenting. Dougherty for
Plaintiff in Error, O. Warner and Colquitt for
Defendant.
Williams vs. Turner and Another. In Equity
—from De Kalb.—l. The failure of a witness
examined by commission, to answer fully the
cross interrogatories, is a sufficient ground for
rejecting the testimony. 2. If a witness is
sought to be impeached by proving statements
contradictory to his sworn testimony, it is ne
cessary to lay a foundation for such testimony,
by first inquiring of the witness, sought to be
impeached, as to the fact of making such state
ments. 3 Seven years' uninterrupted enjoy
ment of a Ferry, in Georgia, gives a prescrip
tive right to the owner, from which a grant will
be presumed. If A. furnishes money to B. to
purchase a tract of land, upon an agreement
that B. should return the money without inte
rest. in consideration of which he agreed that
A. should have all the ferry right appendant to
the land — Held, that B. was a trustee by impli
cation of law, for A., so far as the ferry right is
concerned. Judgment reversed. Calhoun
and Ezzard for Plaintiff in Error, McDonald
and Murphey for Defendant.
Watts vs. Kilburn. Claim—from Meriwe
wether.—l. Where the subscribing witness to
a Bill of Sale lives without the jurisdiction ol
the Court, and his name is subscribed by his
mark, the paper is admissible in evidence upon
, proof of the hand-writing of the maker. 2.
Where property subject to the lien of a judg
ment, in Georgians removed to Alabama, and
there sold to a third person— Held, that upon
■ the return ol the property to Georgia, the lien
i of the judgment is not divested by the sale in
Alabama. 3. If property be removed from
Georgia to Alabama, pending a suit, for the
. purpose of avoiding the payment of the debt,
} and is there sold to a third person, with full
r knowledge of the fraudulent intent— Held, thal
. upon the return of the properly to Georgia, il
- will be subject to the lien of a judgment reco
l vered upon the debt.—Judgment affirmed. B,
i H. Hill, representing Colquitt for Plaintiff in
I Error, O. Warner for Defendant,
i Grier if Long vs. McLendon, Ejectment—
j from Troup.—l, Where it appears to the
- Court that the Ordinary appointed a Guardian
> for a ward residing without the limits of the
j State, and no other fact appears on record giv
• jog jurisdiction to the Court, the appointment
i is void. 2. 'l’he fact that an absent ward has
p immovable property within the county, gives
the jurisdiction to the Court of Ordinary to ap
• point a Guardian as to the property. And if
1 this fact appears upon the record, the judg
ment is conclusive, until reversed in that Court.
—Judgment affirmed. O. Warner and B. H.
Hill for Plaintiff in Error, W. Dougherty for
i Defendant.
t Montigue vs. Leati. Bail—from Bibb.—Un
, der the Act of 1799, the affidavit to hold to Bail
i need not state the nature of the cause of ac
f tion—Judgment affirmed. Anderson for Plain
i tiff in Error, Cobb, representing Powers for
Defendant.
Marshall vs. Riley. Assumpsit, &c.—from
Bibb.—l. Under the Act of 1847, “authoriz
ing discoveries at common Law”— Held, that it
is necessary that the record show upon what
evidence it was made to appear to the Court
that ther answers were material and pertinent,
before the order is passed, requiring the party
to answer. 2. Under that Act, a parly is not
bound to answer any thing that would tend to
subject the party to a criminal prosecution. 3.
If the answers are filed under protest, and are
subsequently inadmissible by the Court, it is
error in the Court to allow the contents of the
answers to be proven by any one else, who
may have seen them 4. The party called on
to answer, may either demur to the interroga
tories. taking the risks of such a course, or else,
may file his answers under protest, which, if
sustained, the answers caunot be used in any
manner against him.—Judgment reversed. An
derson for Plaintiff in Error, Calhoun, repre
senting Stubbs for Defendant.
Reese vs The State . Murder—from Bibb.—
1. The excitement in the community, arising
from the recont commission of the offence, is
good ground for a continuance, where it ap
pears to the Court, from the affidavit of the
prisoner, that it would be unsafe for him to go
to trial; but if the prisoner introduces witnesses
to prove the existence of such excitement, who,
on the contrary, show that none such exists,
the continuance should not be granted. 2. All
the facts occurring at the time of the homicide
may be admitted in evidence as a part of the
Res Gestce. —Judgment affirmed. Anderson for
Plaintiff in Error. Calhoun and Cobb, repre
senting McCune for Defendant.
Williams vs. Marlin. Claim—from Houston
—Where a claimant introduces a judgment on
foreclosure of a mortgage, as a part of his title,
evidence is admissible, to show that the mort
gage judgment was fraudulently obtained.—
Judgment affirmed. Hines for Plaintiff in Er
ror, Killen and Cobb, representing Warren for
■ Defendant.
Chronicle au& Sentinel.
AUO-USTA, G-A:
FRIDAY MORNING. SEPT. 7, 1849.
FOR GOVERNOR:
EDWARD lOUNG HILL.
FOR SENATOR FROM RICHMOND AND COLUMBIA :
ANDREW J. MILLER.
FOR REPRESENTATIVES EBOM RICHMOND:
CHARLES J. JENKINS.
ALEXANDER C. WALKER.
Senatorial Nominations.
sth Dist. David J. Sbrmans, of Ware.
6th “ Dan. P. Mcßae, of Montgomery.
Bth “ Thomas R. Hines, ofScriven.
9tti “ Jas. Grubbs, of Burke,
10th “ Edw. J. Blacksreah, of Wilkinson.
12th “ Peter E. Love, of Thomas.
16th “ Van Leonard, of Muscogee.
17th “ W. N. L. Crocker, of Macon.
18th “ Robert Dixon, of Talbot.
21st “ Jas. R. Smith, of Washington.
22d “ Andrew J. Miller, of Richmond.
23d “ Jos. W. Thomas, of Warren.
24th “ Joseph Gonder, of Hancock.
25th “ Jambs Godard, of Jones.
26th “ Mickleberry Merritt, of Monroe.
27th “ Jas. A. Miller, of Crawford.
28th “ C. D. Park, of Meriwether,
29th “ Blount C. Perrel, of Troup.
33d “ Elias Beall, of Walton.
34th “ Henry Sanford, of Greene.
36th “ Thomas Johnson, of Elbert.
37th “ Jacob Eberheaht, of Madison.
39th “ Hiram R. Williams, of Gwinnett.
47th “ M. Montgomery, of Chattooga.
Virginia Democracy.
An extra session of the Virginia Legislature, con
vened for the purpose of revising the code of laws of
that State, has just closed its labors. In regard to
some portion of the code, the two parties have di
vided, and the positions respectively assumed by
them, furnishes a fair example of the justice with
which the locofoco party of this country claim to be
the true Democracy, Under the previous laws of
Virginia, various inspectors , throughout the State, of
flour, tobacco, lumber, &c., were appointed by the
county courts, a body consisting of justices of the
peace, for the counties where the ins(>ectorships ex
isted. This Democratic Legislature, by a party drill
vote —the whigs to a man voting against it—transferred
this power from the county courts to the Governor of
the State, an officer himself not elected by the people,
but by the Legislature. They also gave to the Gov
ernor the appointment of all commissioners ofelections
for every county in the Slate. So complete an out
rage upon popular rights, and such an open denial of
the proper sovereignty of the people, has never to our
knowledge been perpetrated in the Union. And,
the chief defender and advocate of this enlargement
of Executive at the expense of Popular power, is the
Richmond Enquirer—the text book of southern loco
foco stump orators, and small fry editors. How do the
democrats of Alabama, a Stale in which free suffrage
and the popular will is regarded in every thing, from
the election of a constable to that of Governor, relish
this very democratic doctrine of their democratic
brethren of Virginia? How will they in future ap
preciate the speeches of their orators, made up as they
are in numberless instances from the editorials of tins
same Richmond Enquirer ? How many votes could
such a doctrine or its promulgators, obtain in Alaba
j ma? and yet, Alabama Democracy and Virginia
, Democracy are essentially the same. They fight
. under the same leaders, for the same spoils- and it is,
' therefore, fair to suppose hold the same opinions in
■ regard to the sources of political rights and powers.
* We cannot think the people of Virginia, are ser
vile enough to submit to this thing. The locos have
» given the whigs a weapon, which, if properly used
* will suffice to beat out the brains of locofocoism in
that locofoco ridden old commonwealth. We look
-for it to tell on the next elections.— Ala. Review
lx is not a little remarkable, yet nevertheless
, true, that in the only two Southern States which
t boast the promulgation of Democratic princi
' pies in their purity, and to which all true De
j mocrats are pointed as models worthy of imi
. tation—Virginia and South Carolina—there is
s really less true Democracy than in any other
| two States of the Union. In every other State
the people elect their Governors, yet this right
is studiously withheld from the people by the
, managers who control and direct the destinie*
f of these two Democratic ,States! In South
5 Carolina, one-third or less of the voters elect a
1
majority of the legislature—while in Virginia
-a landholder may vote in a dozen different
1 counties if he has land in each and can reach
the polls on the day of election. And this spuri
a ous Democracy, which gives the rich land
ii holder as many votes as he has tracts of land in
e separate counties, while it confines his less for
■j Innate and poor neigtibor to a single vote in the
I in which he resides —yes, these two
it States, wmen mus virtually deny to the majori
ty the right to govern themselves, are pointed
’* to as patterns of Democratic government, and
the leaders proclaimed the only true disciples of
~ V Democracy I
Commerce of New Orleans.
The value of the products received from
the interior at New Orleans from the Ist Septem
ber, 1848, to Ist September. 1849, is $81,939,-
692, against $79,779,151, the preceding year,
nearly equal to the value of the entire Cotton
crop of the Union.
There is perhaps no data that can be pre
sented to the mind that will convey such just
conceptions of the future destiny and ultimate
greatness of the American republic, as the
contemplation of its commercial statistics. The
valley of the Mississippi was but a few years
since—within the life of a man—with here and
there an exception, an uncultivated wild,whose
soil had scarcely ever been pressed by the foot
of the white man ; yet, as if by magic, it has
grown into a greatness and vastness which as
tonishes not only all the rest of the civilized
world, but even ourselves, by the immensity
and value of its productions, only a partiaf*
view of which is afforded by the receipts at New
Orleans. Imagine for a moment, ifyou please,
how mnch of human toil, and how many mil
lions of laborers are engaged in the produc
tion, transportation and disposition of these
products now. Then contemplate how much
more vast will be the products of this rich val
ley a century or two hence, when it shall be
peopled to its utmost capacity, and they har
moniously engaged in tilling the soil, and em
ploying whatever of steam and water power
may be necessary to the manufacture of those
products.
A Democrat vs. Gov. Towns.
The following extract from a communica
tion written by a Murray county Democrat, is
a fair retort upon those presses and friends of
Gov. Towns who have so grossly assailed
Judge Hill :
“I see the democratic presses pounce on Judge
Hill on account of his fondness for taking a good
drink of brandy. Judge Hill does do this—makes
no attempt to conceal it. Gov. Towns does the same.
The difference is, while Hill takes his in an open bar
room, Towns gets a decanter full and returns to his
room and drinks it up. I know that is all that can
be said against Judge Hill, only that he is a Whig.
I wish it was all that could be said against Gov.
Towns. I sincerely wish I did not know him to the
extent I do. If his littleness of soul , deceit fulness,
Janus-faced principles, combined with other objec
tionable qualifies, make him objectionable, he is then
an unfit candidate for the Mountain Democracy.
I sincerely regret that Judge Hill is a whig, as I
know him to be composed of the materials which con
stitute the gentleman. He is not like his adversary
always promising, and doing the opposite.”
Os course we should not venture to speak of
Gov. T. in such terms, for we know nothing
of his habits. As it is the language and opin
ion of one of his "democratic" brethren, who
assures us of his familiarity with the Governor*
we give it a place.
Correction. —The Griffin Jeffersonian of the
30th ult. says: “ When the canvass was opened,
Gov. Towns proposed to Judge Hill to take choice of
“stumping it,” or a “still hunt,” signifying that
either would suit him. Judge Hill made choice of
the latter, and the Governor acquiesced.”
The Editor is entirely mistaken. It was Judge
Hill who first wrote to Gov. Towns, and it was the
Governor who preferred the “ still bunt;” and the
Judge who acquiesced.— Jour, and Mess.
We had understood that His Excellency be
came suddenly and profoundly impressed with
the opinion that it would be undignified to lake
the stump, immediately upon ascertaining who
the Whig nominee was.
The Firemen’s Procession
—Last night, on the occasion of the receipt of
their new Engine by the Phosnix Company,
No. 4, was one of the most beautiful and im
posing displays of the season. As our en
gagements prevented our being present either
at the reception or the entertainment, we shall
feel obliged to some one for a detailed account
of the proceedings.
U. S. Treasury.—The amounts in the vari
ous Sub-Treasuries and Depositories, subject
to the draft of the U. S. Treasurer, on the 29th
ult. were $5,126,623.75.
Tlie Circus.
A day performance is announced to take
place this and to-morrow afternoon expressly
for the accommodation of family parties. The
crowded houses thus far received indicate that
our citizens appreciate the fact that this magni
ficent equestrian corps embraces many of the
most distinguished of the profession in the
Union. The character of the performances
are of a better character than those usually ex
hibited in the amphitheatres that have hereto
fore visited this city, and we cordially invite
public attention to the opportunities offered
in the exhibitions announced by the proprie
tors, whose card will be found in another co
lumn.
The National Honor Vindicated.—The
Washington Republic, commenting upon the
return of Rey, the abducted Spaniard, says :
“Thus promptly has American honor been vindi
cated by the President. The moment that he had
reason to believe that an outrage had been committed
upon an individual entitled to the protection of our
laws, he adopted the precautionary measures called
for by the circumstances of the case. The moment
he became satisfied that Garcia (Rey) had been vio
lently abducted from our soil, he directed the Secre
tary of State to order our consul at Havana to de
mand his release from the Captain General. There
was some reluctance displayed in the first instance, we
understand, by the authorities of Cuba ; but the al
ternative presented to the surrender of the captive
was one which forbade trifling, and admitted of little
delay. Within thirty days from the time that the
i President had determined upon his policy, his or
ders have been transmitted to Havana and Garcia has
1 been restored to the jurisdiction of the United
States.
“A great principle has thus been vindicated by
the prompt and decided action of the President, that
harmonizes with his policy of neutrality and peace,
i While he is determined to restrain all illegal action
, on the pari of our own citizens—while he has taken
active, and, we hope, efficient measures to prevent
> any invasion of friendly territory by an armed
[ force from our own pons—while he cultivates amity
with all nations as the best condition of humanity, he
* has not hesitated to take the largest responsibility for
i immediate enforcement of our rights, and the ruaio
, tenance of our national honor. And the Government
of Cuba may rest assured —and the people of the
t U. Stales require no guarantee —that in matters of
i this description there will be neither subtle diplomacy
with the present Administration, nor noise, nor blus
ter, nor retraction ; but a quiet, straight-forward,
i honest and manly policy, that will stand up to the
. right from the first, and stand by the right to the last.
If they begin upon 54 deg. 40 min., they will never
end upon 49 deg. If they make a treaty they will
i never undertake to cheat themselves or their neigh
. bore by an elicit protocol. They will never suffer
neutral rights to be invaded by fitting out hostile ar
* maments in our harbors. They will never alarm
> one-half the nation by a false clamor of inevitable
. war, and then disgust the other half by accepting
peace on terms which they had themselves stigtna
l tized as ignominious. Their ends just—their means
I honorable—their policy peace —while they will strict
- ly respect the rights of all other nations, they will
as strictly maintain and vindicate the honor of their
ewa.”
For the Chronicle if Sentinel,
Messrs. North, Sttckney & Co’s Clrcna.
Messrs. Editors :—The Circus is nightly dis
playing a goodly collection of the noblest spe
cimens of animated nature, together with en
tertaining, instructive and mirth-provoking sal
lies, which, in their changes “ from grave to
gay, from lively to severe,” are well calculated
to efface the traces of old Care, lighten the
heart, and dress the face with “ wreathed
smiles.”
Mr. North, in addition to his being the best
equestrian and vanlter in the world, is unsur.
passed as a pantomime, and his personations of
the Shepherd and the “Rosy God” are beyond
all praise. They illustrate Virgil’s “pastes
distentent übera greges ,” and Dryden’s
“ Bacchus, ever young and fair, drinking joys did
first ordain.”
As,
“ Flushed with a purple grace,
He shows his honest face,”
Or, as JEgon, “ Nearain dum fovet ,” the rapt
imagination is carried back to the bucolk and
the myth. Never are characters better sustain
ed on any stage.
“ The Clowns make those laugh whose lungs are
tickled o’er the sere.”
Much of the posturing is faithful and chaste,
in imitation of the deathless bronze or marble.
But, in what terms shall I speak of La Belle
Rosalie 7 Her personation of a Shepherdess,
to be appreciated, must be seen, as she, floating
by, to soothing measures, upon her moving pe
destal, with the easy insouciance of nature’s
majesty, seems to “ march upon the thunder.”
The cleanliness, propriety and convenience,
which the spectators are sure of meeting, cou
pled with the present agreeable season, render
a resort thither a thing to be desired even by
the most fastidious.
A succession of entertainments are being
presented to our citizens, surpassing, by far,
anything of the kind hitherto witnessed in this
city, and upon whose like it may not speedily
be our good fortune to look again. All who
can, should avail themselves of this opportu
nity. Cursus.
The “Union” seems to be very angry with
Gen. Taylor because he uses the word Loco
focos. Now, it we are not mistaken, some of
the leaders ofthat party have not only adopted,
but gloried in the name. However, when the
opposition party cease calling the Whigs lories,
federalists, monarchists, and dozens of other
opprobrious epithets, without sense and with
out reason, it will be lime enough for them to
complain about being called Locofocos.—Alex
andria Gazette.
Tbeearnings of the Lawrence Manufactur
ing Company of Lowell for the last six months
arc stated to be five and a half per cent., but
the dividend has not yet been declared. For
two semi-annual periods previous to the one
which has just expired the balance sheets of
the Lawrence Company, which has a capital of
$1,500,000, show a loss. The earnings of the
Essex Company, in Newburyport, for the last
six months, are stated to be four per cent., but
no dividend has been made, as there was a loss
of a like amount on the previous six months’
work, and the earnings of the last half year are
required to make whole the capital of the com
pany.
Relations with Tunis.
The Washington Republic mentions the re
ceipt of a letter from a gentleman at Marseilles,
under date of the 13th of August, which states
that the United States steamer MissLssippi,
Commodore Morgan, arrived at that port on
the 9th, with the United States consul. Dr.
Heep. on board, who is on his way home. The
Republic goes on to say:
it appears that during the last year the Ame
rican flag, at the consulate in Tunis, had been
insulted by the Bey, who had imprisoned the
dragoman df the consul For several years
there has been also unadjusted a claim upon
the Bey, of John Howard Payne, our former
consul at that place. During the last spring,
instructions were s«nt to our consul, Dr. Heep,
to demand payment of the claim, and, at the
tsame time, proper atonement for the insult to
the American which we have referred.
A duplicate of these instructions was entrusted
to Commodore Morgan, who. under the order
of the President, visited the Bey. in the steamer
Mississippi. Before the arrival of the Com
modore at Tunis, the Bey had agreed to pay
the money to Mr. Payne. The gallant Com
modore has faithfully obeyed the instructions
of the Secretary of State, and has obtained all
the atonement for the outrage which was de
sired.
He called in person on the Bey on the Ist of
August, and was received in the most friendly
manner; the Bey treating him with the most
marked consideration, and assuring him that
all he desired was granted before it was asked.
The Bey subsequently made a written commu
nication to “ Admiral” Morgan, in which he
repealed the assurance of his desire to preserve
the most friendly relations with the United
States, and promised that a like case to that of
the dragoman should not occur again, and that
all our treaty stipulations should be strictly ob
served.
We have a large and effective squadron in
the Mediterranean, sent there by the Presi
dent’s order, in consequence of the distracted
state of Europe. The flag ship of the squad
ron is the Mississippi, Commodore Morgan.
The Presbyterian General Assembly.—
We have received a copy of the Minutes of
the General Assembly of the Presbyterian
Church in the United Stites, and find in it
many statements which show that the past year
has added largely to the number of communi
cants, and in every sense been conducive to
the advancement of the church interests.
•The following statement shows the character
of the progress during the past ten years:
1839. 1849. Incr.
Synods, 17 23 6
Presbyteries, 96 122 26
Candid ates/or the Ministry, 175 364 189
Licentiates, 192 252 60
Ministers 1243 1860 617
Churches 1523 2512 689
♦Licensures —— 72
♦Ordinations, 62
♦lnstallations, 91
♦Pastors dismissed, 60
♦ Churches organized 55
♦Ministers received from
other Churches, 13
♦ Ministers dismissed, •••. 5
Members added on exami
nation, 6377 8976 2599
Membeis added on certifi
cate, 4127 6351 2224
Adults Baptised, 1644 2412 7^B
Children Baptised 7712 9805 2183
Whole number of commu
nicants reported, 128,043 200,830 72,718
Amount contributed for re- #
ligious purposes $123,436 $369,371 $245,935
♦ These items are not noted in the report for 1839.
This shows that the average annual increase
of the Church, during the past ten years, has
been—Ministers 61, Churches 68, Communi
cants 7271, and in pecuniary contributions
$24,593. — Philad. Amer.
Thr Boot Tradb.—The New York Journal
of Commerce says: Boots and shoes are in
good demand, with a fair inquiry for the South
and California; prices have advanced about 10
per cent., owing to the rise in sole and upper
leather ; thick bark is scarce, and holders are
looking forward for an advance in this descrip
tion; the stock generally of all kinds is not
large. . \V
Round Island Expedition.
: The Mobile Register of Thursday la-t says:
The following proclamation will be found post
ed this morning in conspicuous portions of the
city. It speaks for itself:
Tothe persons encamped on Round Island, (near
Pascagoula.)
Friends and Fellow Countrymen: The Proclama
tion of the President ot the United States and other
instructions which I have received from the Govern
ment at Washington, make it imperative and proper
that I should immediately take measures to break
up your unlawful assemblage and send you back to
your homes; and when I have said a few words to
you in proof of jmur assemblage being unlawful, and
of the utter impossibility of your evading the vitri
lance of our squadron and getting out of oar waters
to proceed upon your contemplated wild expedition
to make war against nations at peace with our own, I
feel sure you will at once disperse and seek honest
and peaceful occupations.
First. —The very mystery which makes the
movements and actions of your officers, and the blind
ignorance ol the men as to the destination of the en
terprise, clearly show that the objects and purposes
of those at the head of your affairs, are known to be
unlawful , and that plunder is the inducement held
out to all who embark in this reckless expedition.
Second. —W e have proof that some of you have
acknowledged that your destination was Cuba—and
that others of your number have said that the expe
dition was filling out for the invasion of the Sierra
Madre States of Mexico, showing conclusively that
your enterprise is one of a military character.
And Lastly.—You are vagrants in the eyes of the
law and in sact —and therefore cannot be allowed
to occupy your present position, and must immediate
ly disperse.
I will now prove to you that we have the means of
not only preventing your embarkation to foreign
parts, but that we can force you to abandon your pre
sent head-quarters.
I shall employ all the vessels now in this vicinity,
or which may hereafter arrive, in such manner as
will most effectuallybring about the ends desired.
First. —l shall certainly prevent the steamers Pan
ny, Maria Burt, or any other steamer or steamers,
vessel or vessels, of whatever description, from fur
nishing the adventurers on Round Island with arms,
or other munitions of war.
Second. —ls steamers or vessels have arms or other
munitions of war on board, I shall take possession of
said arms, &c., and detain said steamers or vessels
until the men congregated on Round Island are dis
persed.
Third. —l shall prevent the band of men on Round
Island from embarking on board of said steamers or
vessels, or from holding any communication with
them at all.
Fourth. —I will make said steamers or vessels an
chor within range of our guns.
Fifth. —After to-day (28th August) in accordance
with a notice before given them, I shall cut off all
supplies of provisions which may be intended for the
persons on Round Island, and shall rigidly enforce
this blockade or embargo until they abandon the spot
and go home.
Sixth.. —l shall gladly give the persons on Round
Island every facility to get away—taking particular
care, however, that they do not embark i a sea-going
vessels. V. M. RANDOLPH,
Com. U. S. ship Albany,
Senior Officer Afloat in the Gulf of Mexico.
U. S, ship Albany, off Pascagoula, August 28, 1849.
The Crops— The Cotton Worm. —During
the week we have had intensely hot weather
varied once or twice every day, until yesterday,
by showers of rain. On many places, on both
sides of the Mississippi river, here, cotton
picking has been going on since the beginning
of the week. There is not much cotton, any
where, in a forward state, however, and cotton
picking will be suspended from lime to »ime
unless the weather shall be remarkably favora
ble. Thus far the crops on the hills of Missis,
sippi promise more largely than in the lowlands
of Louisiana. In the line of parishes in Louisi
ana reaching from the Arkansas line down
to the mouth of Red River, as well as in the
parishes of Franklin. Catahoula, Caldwell,
Ouchita and other parishes in the higher part o f
this State, nothing has occurred to brighten the
prospectof the Cotton Crop since we noticed
its condition, three weeks ago.
But all speculations concerning the amount
of cotton to be made, have been destroyed,
here, this week, by the undoubted appearance
in many of our fields, of the genuine cotton
eating worm. It would be impossible to ex
aggerate the care and anxiety with which the
worms now found have been examined, in their
appearance habits, &c., with reference to their
identity as the *' Simon Pure” worm that
stripped the fields so completely and blackened
both the cotton plant and the hopes of the Plan
ter in 1846. The result leaves no doubt that
the worm of this week is of the first crop of the
worm that desolated the fields in 1846. This
conviction has wrought powerfully on the
prospects and feelings of the planting commu
nity. Many ofour planters seem panic-stricken
by the visitation, others have gone so far as to
abandon all hope of picking any cotton at all,
inasmuch as if the worm is to eat as in 1846,
his devastations will begin in less than a month.
But many of our more calculating planters
look more calmly on the prospect and are wil
ling to admit that there is as much mystery to
man about the cotton eating worm as in many,
other features of cotton culture. They recol
lect that in 1846, this species of worm ate every
thing, and that when it came in 1847, they gave
up nearly all as lost again, whereas the worm
appeared in one spot only, on many fields, —ate
up the cotton on those spots and disappeared
without destroying cotton enough to count.
The harmlessness of the visitation in 1847 was
attributed to various causes; by most men, to
the lateness of the worm’s appearance, the
dry, hot weather and the hardness of the
leaf, as it has been observed that the young
worm of the second or desolating crop cannot
feed on the hard leaf. If the weather was real
ly the cause of the salvation of the crop in 1847,
it may favor us again. A short time, now,
will tell the story of the crop of 1849.
The Penitentiary.—This institution has
undoubtedly become a burden to the State,
under the management of Gov. Towns ; and
the Treasury of the State and the people’*
money will have to pay for its mismanagement.
We heard a democrat say a few days ago, who
resides near Milledgeville, that he actually felt
ashamed of its appearance and management at
present when compared with the days of Crawford
and Redding. That if the people knew precise
ly how things were conducted about that con
cern, that thousands would repudiate Gov.
Towns at once, who have heretofore been hi*
friends The next Legislature will doubtless
bring so md things to light, connected with the
management of this institution, that will aston
ish the people, and cause all parties to regret
tlfcitCol. Redding was ever removed.— Dalton
Eagle.
Stabbing.—Two laborers on the East Ten
nessee and Georgia Rail Road, got into a fight
the other day, and one stabbed the other in se
veral places, with a dirk knife. The man who
used the murderous weapon, has been com
mitted to jail at Spring Place, to stand his trial
on the fourth Monday in the present month,
for an assault with intent to kill. This is the
ninth prisoner now confined in our county jail
to be tried at the next terra of the Superior
Court, for offences against the State. —Dalton
Eagle.
The Yankee Character, —The London
Athenaeum, in speaking of the tide of emigra
tion to California, says, “the Yankee has an
admirable trick of carrying a printing press
upon his shoulders wherever he goes, he can
not live without his paper. he in
vades Mexico as a soldier, or enters Grenada
as an emigrant, he goes armed with type. If
he does nothing but sow some of ‘ these dra
gon’s teeth’ in the land through which he pass
es, no small amount of good should come of
it in good time.”
Special Noti«o,
c a mp-meeting--Public Tent.—Jo
seph E. Bukch begs leave to inform those who de
sire accommodations, that be will keep a public tent
at the Richmond Camp-meeting, also lots for the se
curity horses, *7