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CHRONICLE & SENTINEL I
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tinued.
The Methodist Church Case.
We have already published a brief abstract of
the decision of Judge Nelson, in this important
case, yet as many of our readers feel a deep inter
est in the whole subject, and would doubtless be
pleased to see the decision entire, we subjoin it:
THE METHODIRT CHURCH CASE.
United States Circuit Court.—Decision by Judge
Nelson.—William A. Smith, a citizen ot V irgxma,
Alexander L. P .Green, a citizen of Tennessee, and
others, eomplainans, vs. George Lane e\ i
Scott, citizens of New York, and others defenaunG,
The undersigned, to whom by the decretal orocr
of the above Court of the 26th day of November
1851, the said cause was referred with directionst
ascertain and report wha* was the amount and
value of the property and fund m the
pleadings in said cause, and called the‘‘Book Con
cern ot New York,’ - atand immediately before the
division and organization of the Methodist Epis
copal Church South, in May, 1845, and of what spe
cific property and effects the same consisted, and
what has since been the increase thereof, ano ot
what the same now consists, specifying the profits
derived from the Book Concern from the time ot the
General Conference of May, 1844, as reported
thereto (if so reported) up to the time of the said
livision, and also specifying the profits from the
last mentioned time to the date of the report, and
also to ascertain and report what, if any, of such
profits hits been applied to the use of the beneficia
ries of the said fund in connection with, or who be
came connected with Jtho Methodist Episcopal
> Church South, or to the annual conferences com
posing the same, and to the other beneficiaries of
the said fund, specifying the amounts to each class
* and the times of the application thereof respec
tively; and further to ascertain and report the
numbers and proportions ot the beneficiaries qual
’ ißed according to the usage and discipline of the (
Methodist Episcopal Church, before and at the ‘
time of the said division to receive the benefit of j
the said trust fund ; taking the proportion which j
the number of travelling preachers in tire annual
conferences, which formed themselves into the i
Methodist Episcopal Church, South, bears to the j
number of au the travelling preachers of the Me- |
tbodist Episcopal Church before the division there- i
of, as such numbers appw iu the minutes inteuo.- |
ed as the “forthcoming minutes 5 ’ in the resolu
tions of June, 1 844; such minutes to by taken as
correct so far as the same extend» and also to as
certain and report in what form, as to specific pro- !
pertv, funds, money, or assets, the transfer oi the
share to be set over to the truestecs, agents, or
appointees of the Methodist Episcopal Church,
South, may with most convenience and advantage
to both parties, be made, with such suggestions in
relation thereto, from each party as he may see fit
to report, begs leave most respectfully to report
that, in pursuance of the said decretal order lie |
has proceeded to Investigate the matter which he •
Vs therein directed to ascertain and report, and that
in said investigation he was attended by the coun
sel and parties respectively, and received such
proofs and evidences ns was deemed requisite by
the counsel of the respective parties, to be pro
duced before him, which proofs and evidence are
herewith returned with this report; and that the
said defendants in obedience to the requirements
of the said decretal order, did produce, under oath,
all “deeds, accounts, books of account, ifeo., <tc.,
as was called for by' the counsel for the complain
ant. That having heard the evidence of the parties,
and the arguments of counsel, he has proceeded
to make up his report of the matters referred to
him ; the details of which will more particularly
appear in the tabular statement hereto annexed ;
and iu order that the Court may be informed of
the aeasons and principles which guided him in
the statement of the said account, ho craves leave
to embody the same, and submit them with this
report.
It was contended by the counsel fo.it he complian
ant, that as the trustees or agents of the Rook Con
cern have, since the division of the Church, ne
glected and retused to allow the beneficiaries South
to receive their share of the profits ot the Book
Concern, and denied their right to receive the same,
that thov must be regarded from that time, as mis
conductingnnd defaulting trustees, and must be
charged in the account, upon principles applicable
to unfaithful trustees, who have violated and re
pudiated their trust or as it was stated by the
counsel in another form, as if they were defendants
in an action of trover and conversion. To this I
would remark: —
1. That trustees are only, as a general rule, to be
charged with reasonable care and diligence togeth
er with perfect good faith, that mere errors of
judgment, in the henest administration of their
trust, are not to entail upon them the consequences
-,UL- of a fraud. That the trustees in this case have
i violated their trust in denying to the Southern
beneficiaries a participation in the fund, is settled
UUP by the decree of the Court. Rut that it was done
fraudulently, or from dishonest motives, nowhere
appears, either injthe decree or in the proofs. On
the contrary, it appears that in doing as they did
iu a case of extraordinary embarrassment and
difficulty, they supposed they were acting as the
faithftil guardians of the trust, and preventing its
being wasted upon persons who had voluntarily
thrown themselves beyond the pale of the charity, j
They erred in point of law, but I do not think :
they should be charged as misconducting trustees,
when they were honestly, though mistakenly, en
deavoring to conduct themselves as faithful con
servators of the fund.
2. Even admitting that they are to be charged as
misconducting an J fraudulent trustees, it does not
Follow that the beneficiaries should be so charged.
’The consequence of fraudulent conduct on the part
of trustees, falls upon them personally, and not
upon the fund of beneficiaries. Ido not see that
the share of the Nortliern beneficiaries can bo any
more charged with the misconduct or fraud of the j
• -’ * 'ffastees, than the beneficiaries themselves conld ■
be personally charged. If the Northern beneficla- ,
ipP j*ios have received more than thev are entitled to, j
" (which docs not appear.) the only consequence I :
can perceive is, they must refund/
3. Admitting not only that the trustees 1 Lave
been guilty of misconduct and fraud, but that the j
Northern beneficiaries, preachers, widows and or- ;
phans, have connived, colluded or encouraged !
them in the fraud, would that alter the case ? The '
trustees of this charity have the sole legal title and j
control of the fund ; the beneficiaries, as such, are
mere passive recipients of their periodical shares,
having no more control over the trustees or their
conduct than the most entire stranger to the
church or religion, whether Jewor Gentile; though
the trustees, therefore, may have been guility of
fraud, and the Northern beneficiaries U ;ay have
approved and applauded it, tlieir approbation or
disapprobation being accompanied by no fegal
power, Siiould be visited by no legal consequences
provided such approbation or disapprobation be
not of conduct of such a nature as to deprive them
of the character of beneficiaries, which could only 1
be done, I suppose, according to the discipline of
wbe church, by expulsion or degradation. Resides,
the right er the beneficiaries arc not made by the
founders or foundation of the charity dependent
upon any approval or disapproval of the conduct
of the trustees ; the charity must be administered
as it was founded, and even the Court would have
no power to interpolate or fabricate any conditions
•which would restrict or qualify either the number
of the beneficiaries or the amounts of their shares
in the fund.
4. Again, to state this account on the principles
contended for, or as in an actisn of trover and con
version, would of course tand such result is
claimed) throw upon the Northern beneficiaries
the entire responsibility of this fund from the time
of the division down to the date of this report;
so that if by losses ol trade or casualty ot fire, one
half of the entire fund (assuming that porportion
for the present) had been destroyed, that half so
destroyed would be regarded as the half belonging
to the Northern beneficiaries. The South would
then take the remaining halt*, and the North would
be left de-litute. The Northern traveling preacher
must then go back to staff'and scrip, and, as a
wav-faring pilgrim, go forth on the great mission
of his church. Such would be a result plainly at
war with the objects for which this charity was
instituted; tor it was intended to be a perpetual
fund, not only for The traveling preacher, dtc., of
the present time, but for their successors in all
time to come, and whether greater or less, whether
swelled by profits or diminished by losses, was to
l>e divided m due proportions to the beneficiaries
of the whole church, whether North or South,
and while the trustees of the present time can do
nothing to impair the rights ot the present bene
ficiaries, the present trustees and beneficiaries to
gether can do nothing to impair or alienate the
riehta °f their successors ; for what would be to
concede to them the power of altering the verv
foundation of the charity.
5. Admitting that the account is to be stated on
Gae principles claimed, and that the shares of the
Northern beneficiaries is to be charged as con
tended for Ido not see how the B t a £ c f the ac
count could be materially varied. What is the
share of the beneficiaries ? Merely a chare in the
profits, to be periodically divided ; not a share iu
the capital—that is a fund consecrated to the
whole church North and South ; not the church of
to-day, but of all time to come, and must be left as
juU.ct and intangible as was contemplated by the
foundation ot the charity.
Having thus settled the general principles upon
whiob account is stated, I proceed to con
sider thi evidence by which ft was sustained. In j
the »a»ag«ns*«* Book Concern., It vu
the duty of the trustees to render a particular ac- j
count and estimate of the value of the property |
and effects of the Book Concern, and the net i
profits to the annual conference. The accounts so
rendered to the conferences since the division of the
church were produced in evidence before me, and 1
nro hereto annexed and marked as exhibits.
These iaccounts and estimates so rendered, the
counsel for complainants contend are, if not con
clusive, at least most forcible evidence of the pro
perty and value of the Rook Concern as against the ■
defendants in the case, and is not to be rebutted t
except upon the most complete and undoubted
testimony. The trustees and agents oi the con
cern, who made up and reported those accounts
and estimates, now swear that they are erroneous
by being altogether too high, and the alleged ex
cess amounts to a very large sum which ro
question as to the character and effect ot tia
evidence one of impo tance. . ,
The counsel for complainants contend tha. the de
clarations of the trustees, especially m this ap
parently formal and considerate manner, being
the declarations of common agents in the course ot
their business, is not only evidence, but evidence
of binding force, against the defendents or benen- ,
claries. That the declarations of an agent made
in the course of, and within the scope of his bnsi
ness, is binding upon his principal, is not to m
questioned or doubted ; but this I conceive, re
lates to what he says when dealing with third par
ties. What an agent says to Ids principal while
giving him an account of his proceedings, or ta
voriug him with his opinion or estimate of the val
ue ofliis estate, if any evidence at all is but com
paratively little force. Sec 4 Taunt., R. 511, ib*
565. 568. And it seems to mo that the reports
made by the book agents to the General Confer
ence are to be regarded in the light of declarations
made by an agent to his principal, while giving an
account of his actings and doings.
As these agents, therefore, who made those es
timates, and who of coarse know how and what
they estimated, now swear that they were errone
ons and over-estimated, I have taken their testimo
ny under oath, before me, instead of their unsworn
statements to the conferences, as the evidence of
value, no other or better having been produced be
fore me. It was al«o contended by the council for
defendants, that there should be a further deduc
tion from the value of the book concern, as esti
mated in the reports to the general conferences,
on the ground that the stereotype plates had been
twice estimated—first, as stereotype plates; second
that they were again included in the estimate of the
street stock. This seems to be contended, upon
the principle that after the plates h? . e been print
ed from they are reduced to a certain extent iu
value, and that the diminished value of the plates
has passed into the bound stock.
Such, undoubtedly, is the case ; but the evi
dence appears to be that all due allowances were
’ made and the occount is therefore stated without
I making the deduction claimed. In stating the
i said account, I have considered that the annual
| dividends due, and not paid iu the Southern ben
eficiaries, to be so much added annually to the
i capital stock ol the concern, upon which annual
j dividends, from the time they respectively become
due, interest at the rate of seven percent, is ul-
I lowed, down to the date ofthis report, that the ag
j gregate of said dividends, and the interest, thcrc-
S on, is to be deducted from the general fund for the
I benefit of the Southern beneficiaries ; and that the
j remaining balance of the entire book concern is to
i form the subject of the ultimate division, accord
ing to the proportions of the 1 ravelling preachers.
In determining the number of travelling preach
ers, 1 have included the probationers, or those
preachers who have not travelled two years, as be
neficiaries of the fund, they having been regarded
as such by the church, by being allowed to partici
pate in it at least to a certain extent; and if they
j were not within the meaning of the charity, they
I had no right to participate in it at all; and in point
of fact, they are literally travelling preaches. In fix
ing the date when the number of traveling preachers
is to be estimated, 1 have taken the minutes of 1844
instead 0f1545, considering tiiose the “forthcom
ing minvtcss” rcrer ed to in the resolutions, and iu
the decree of the court; and also, as being the
most equitable, for the reason that it appears to
have been considered by the General Conference
of 1844, and it seems with great justice, that if in
pursuance of their resolutions, the church should
be divided, the division should, for this purpose
date back to 1844, and should be made upon the
basis of matters as they stood at that time; that
if their recommendation should be adopted, there
being no intermediate general conference, nor any
intermediate general action or co-operation, but
each party acting separately and disconnectedly
through its annual conference, all connection might
he regarded ns having ceased iu 18-14; and that
the subsequent proceedings should be regarded
merely us the formal organization of a division or dis
connection, which in point of fact dated from 1844.
In stating said account I have of course made all
allowances for charges upon the funds, such us
the annuity to the widow of Rishop Redding &c.,
and which are assumed by the defendants. The
bad debts if they are to be taken into the account
at all, and not reported as whoily s worthlcss, are to
be divided in the same proportions as the rest of
the property whether they are due from the North
or from the South and the same remaikis appli
cable to the newspaper presses, Osc., within the
bounds of the Southern chu r ch. Upon the forego
ing principles, the account contained in the tabular
statement before referred to and hereto annexed,
is settled and adjusted.
John W. Nelson, Master Ac.
Accounts of the property and effects Ac., of the
Book Concern, at the city of New York, and the
amounts of the increase and profits thereof, and
the amount of said profits which have been applied
to the use of the beneficiaries of said fund and Iho
numbers and proportions of said beneficiaries,—
Reported in pursuance of the decretal order of the
Circuit Court of the United States, for the South
ern District of New York, dated November 26th,
1851.
1. Aggregate value of property, Ac., at and immediate
ly before the said division of the Church, in May,
1845, to wit, on the first January, 1845, (including
bad debts) $502,285 70 V
Specific property and effects of which
i said aggregate amount consists :
1. Real Estate—Pour hou
se® and lots on Crosby
street $13,244 83
Lots on Mulberry street.. 12,315 00
Buildings on do., witM
steam engine, water works
and apparatus 70,581 65
2. Printing office, presses,
type and furnitue $18,631 92
bterotype plates 54,503 83
fheel plate engravings,
wood and metal cut? 4,500 00
8. Foundry—Mate?ial tools and furniture. 980 25
4. Bindery—Presses, tools and materials. 0.246 07
i 5. Notes and books acccounts viz;
Notes $54,825 11
Book accounts 179,578 39
_ 284,408 50
Deduct bad debts. 58,751 13
*178,652 32
| 6. Merchandise, books, &c .74,650 C 2;(
Sheet stock.. 53,933 41 \
Paper, furnitue. in office... 4,198 33
132,782 42 V
T. Cash in hand ~.. 1,083 19
Ava.lab e funds 27,000 00
8. Periodicals —Amount due on periodical
| books 43,450 00
$578,702 48,V
Liabilities—Concern owes on book account?. 4,596 24
Total $574,106 *4#
Deduct 20 per cent, for bad debts. 16480 70
Nett profits for the year 4-1,231 76
Annual profft9 r from 1845 down to Ist January, 1852
For the \ ear 1845 to January 1,184 * $32,913 47
134« “ 1647 13,462 80
1847 “ 1643 V 0,9 0 76
“ 1848 “ I*4 9 37,6bS 62
§ / '• 1850 IT TBB 60
1850 1861 47,911 42
“ 1861 “ 1562 C 5,086 14
Afrgregate value of the property. Ac., of the said book
concern, on the first of January, 1852 *608,413 54
Specific property and effects of which said
amount consists:—
1. Real Estate—Four houses
and lots in Crosby street.. 12,000 00
Building and lots in Mulber
ry and Mott streets 116,568 63
House and lot in Havana.. 708 75
-s 131,277 28
2. Cash—Public Stocks 49,500 00 -
Cash account in bank defi
cient on account of loans.. 6,183, 79
— 43,816 21
3. Periodicals—Amountdueon
Periodicals 10,000 00
4. Merchandise —Sunday schocl books,
books of the general catalogue, sheet,
stock, Ac 179,531 72 f£
5. Printing offices, presses,
type, furniture and white
paper 29,277 OS
Stereotype plates 63,668 99
Steel plate engravings and
wood and metal cuts i <5,142 37
■ 98,088 05
6. Foundry—Materials, tools and furniture. 589 77
7. Bindery—Presses, tools and materials.... 8,957 22
8. Notes and books viz :
Notes 5-1,508 61
Book accounts 188,078 77
Total... 182,577 38
Deduct 20 per cent, for
bad de 6ts 88,515 47
tsaa-kl 154,061 91
_ 625,522 26
Concern owes on book account ... 17,406 72
_ , . .. . . , 606,418 si}{
Deduct the bad debts, &c., as m oved hv
the witness, fo!.:-lol, Ac..”. 68,251 16
T0ta1 .......... $596,035 55
9. Increase cf the value of said book con
cern since 1845 $46,171 TSM
The amount «f annual profits since 1345, paid to the
Northern beneficiaries, and the times when paid :
In 1346 —paid bishops. .$14,000 4,850 $8,850 00
In 1847 11,000 4,350 15,850 00
In 1848...: 12,800 4,750 17,050 00
In 1849... 6,100 4,750 10,850 00
In 1850 19,790 4,750 24,450 00
In 1851 22,200 4,750 26,950 00
Gov. Troup.—We regret to learn that the latest
intelligence received from this venerated patriot
and statesman, represented him as suffering from
indisposition eo serious that hie recovery is deem
#d ftlniftfct bopaless, K
K%- *
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C|romclc # Sentinel ■
AUGUSTA, GEORGIA. A
WEDNESDAY MORNING OCTOBER 6,1852 j
INDEPENDENT TICKET
FOB PRESIDENT,
DANIEL WEBSTER,
OF MASSACHUSETTS.
FOR VICE-PRESIDENT,
CHARLES J. JENKINS,
OF GEORGIA.
ELECTORS:
FOR THE BTATE AT LARGE,
EL. H. GUMMING, of Richmond.
EDWARD Y. HILL, of Tronp.
Ist. Diht.—HAMILTON W. SHARPE, of Thomas.
2d. “ WM. M. BROWN, of Marion.
3d. “ WASHINGTON POE, of Bibb.
4th. “ BLOUNT C. FERRELL, of Troup.
sth. “ NOAH STRONG, of Forsvth,
6th. “ YOUNG L. G. HARRIS, of Clark.
7th, “ JOHN J. FLOYD, of Newton.
Bth. “ PHILIP S. LEMLE. of Jefferson.
Postage on the Clirouelcle A Sentinel.
As the new Postage Law went into effect on
the first of Getter, it may be desirable on the
part of our Subscribers to know the rates of
postage on their papers from that date forward, i
Here they are:
In Richmond County. FREE, i
Weekly paper to any part of the U. S 26 cents per an. 1
Tri-Weekly in Georgia. 39 do. do.
, r *
; Do. to any part of £he XL S TS do. do.
i Daily in Georgia .* 78 do. do.
Do. to any part of the U. S.-/* .1.56 do. do.«
1 These are the rates psr*yfpr when paid in advance.
! If the postage is not paid in advance the rate is
doubled.
Notaßenk.—Every man d ion Id pay his postage j
in advance.
See First Page Doily.
A Georgia Piano at the Fair,— lt affords us
sincere pleasure to announce to all fliosc who take
au interest iu the success of our Shafc Agricultural
Fairs, that Mr. P. Brenner, of Jnl city, will ex
hibit at the ensuing Fair, in October, a very beau
tiful and elegantly finished instrument ofrhis own
manufacture. Within the last few days we have
had the pleasure of seeing the Piano and hoard it
. played on, aad though we do not profess to be a
: judge, we hazard the opinion that it willbcuni
! versally pronounced a fine, full, and rich toned
instrument —one which rellects credit upon the
■ maker. The exterior finish is very elegant and,
in our opinion, in the very best taste.
Health of Charleston.
The number of deaths for the week ending the
r Ithinst., was 63 of whom 56 were whites, and 7
were colored. Os these including blacks, 11 were
- natives, 28 from Ireland, 7 from different States in
5 the Union, 10 from Germany, 2 from Spain, 1 from
Poland, and 1 from Franco.
, This report exhibits au extraordinary degree of
s healtli among the native and acclimated popula
* tiou.
The Catholic Miscellany of the 2nd inst. says :
I “Wo arc by no means alarmists; and we are
i equally disinclined to conceal the truth. Wo eon
; ceived" it our duty, in our number of the 4th of
t September, to announce in our obituary column
> the appearance of yellow fever in our city. And
ouch week since wc have had to perform the same
b duty; and wc see no reason to flatter ourselves
f that wc* shall bo relieved from it for some weeks
t to come. Still, to all those who have made enquiry
; of us, on the state of the fever, we would say that
1 the new cases that we hear of each day, are not as
numerous now as they were a week ago, and that
we entertain the hope that the fever is now grad
-1 ually subsiding. Still, nuacelimatcd persons will
, run a risk by coming to the city before the appear
ance of frost. Wc would refer them, for farther
; details, to the reports of the excellent Gity Register,
Dr. Dawson, on the accuracy of which every rc
> liance can ho placed.
f
’ The sale of buildings by Messrs. S. C. Grenville
i & Co., on the square purchased by the South Ca
olina Railroad for a freight and passenger depot,
will take place this day, at 11 o’clock precisely,
commencing on Bay-street.
New Books*.
1 Athmntie and Transatlantic Sketches, Afloat and
I Ashore. Harper & Brothers ; New Y'ork.
The greater part of this volume, (•which is the
production of Capt. Mackinno.n, of the Royal
Navy) consists of a narrative of a torn through the
United States, in which the author discourses of
the manners and customs of our people with much
greater candor and fairness than usually charac
terizes the “American Notes” of English travel
lers. The book contains much shrewd observa
tion, and will be read y%iiH a new pleasure by
those who have been heretofore accustomed to the
studied detraction of European “penny-a-liners.”
Memoirs of the Life and Writing « of Pr. Chalmers,
Vol. 4. Harper Brothers: New York.
The volume before us, which is the last of the
Memoirs, contains au excellent likeness of the
“old man eloquent,'"and will be eagerly sought alter
by all who possess the previous volumes. Wo have
heretofore spoken of the character of this work,
and the eloquence, piety and talent of the emi
nent Scotch divine are too well known to need j
any farther eulogy at our hands.*
Bailers Analogy. Harper Brothers: New;
York.
A very neat edition of this valuable standard !
work is here presented, in addition to which the |
student will also find au Analysis left unfinished |
by the late Rev. Eobt. Emory, D. D., Pres’t. of
Dickinson College, completed and edited, with a
life of Bishop Butler, notes and index, by Q.
K. Crooks —the whole forming a work of great
value to the student of theology or the inquiring
Christian.
Life an i T Yorks of Roht. Barns. Edited by Rout.
Chalmers. Harper tfc Brothers: Now York.
Vol. 0.
One more volume completes the life and writings
of the Scotch “Peasant Bard,” and none who ad
mire the genuine “wood notes wild” which lie
sings, can consider their library complete without
this edition—the most complete and copious that
has yet appeared, cither in this countryjor Europe.
Personal Adventure* of “Oar own Cor respondent”
in Italy. By Michael Burke Honan. Harper
& Brothers: New York.
This is the work of a “rollicking” Irishman of the
Charles O'Malley school, who was at one lime (and
may be now, for aught wo know) a regular corres
pondent in Italy of the London Times. In
speaking of his book, the author claims
that it is entirely original, and not a reprint
or rehash of old correspondence with the
plunderer. He says ; —“I have not aimed at
making a clever, wise, philosophical or solemn
book, but I have sought (now that 1 am at liberty
to do so) to give a graphic picture of my own ad
ventures, in the free, hearty and unthinking spirit
in which they were met and enjoyed.” The plan
thus indicated has been well worked out by Mr.
Honan, and his “Personal Adventures” will be
found particularly spicy and readable.
The School for Fathers. An Old English Story.
By T. Gwynne. Harper & Brothers : New York.
A very pleasant tale of the long past era of fine
“old English gentlemen”—of the happy days of
stage-coaching, fox-hunting, steeple-chasing and
other “merrio” sports of the eighteenth century.
We commend it to those wfiio desire to turn away
for a moment from these railroad times and take a
quiet glimpse at the domestic habits, field sports
and pastimes of our Anglo-Saxon forefathers.
Cicero's Tusculan Disputations. With English
Notes, critical and explanatory. By Charles
Anthon, LL. D. Harper & Brothers: New York.
Ihe Institutes of Algebra. By Gerardus Beckman
Docuabtt. LL.D. Harper & Brothers: New
York. 1
The classical student and the youthful tyro in
mathematics wiil find both of the above works well 1
adapted to their requirements. They are issued
in the neat and tasteful style of “Harper’s School 1
and College Text Books,” and sold at such prices 1
as bring them within the re«oh of all. ■
win iii w'iWMWiimwTfTni
Bleat House. By Charles Dickens. No 7. Har | s
per & Brothers : New York. g
Pictorial Field Book of the Revolution. No. 87. j
Harper & Brothers: Now York.
All the above works may be obtained from Jos.
A. Carrie & Co., to whom we are indebted for co
pies, of which the press of matter in our columns f
has precluded au earleir notice.
Anno Hammer. —A Tale of Contemporary German *
Life. Translated from the German of Tkmjce, i
by Alfred H. Guernsey. Harper & Brothers. .
New York.
The author of the above work bore a prominent
part in the attempt made in 1843, to constructs
German State from the scattered fragments of the
Great German people. His object is to set forth
the wanton abuses committed by legal function
aries and tribunals—the corruption and servility
of courtiers and placemen—the insolence and bru
tality of the military power; and the galling tyran
ny of the petty so vereigna. His book ha«, there
fore, few of the “airs and graces” of the fashionable
novel; but those who desire to obtain au insight
into the darker workings of monarchical in
stitutions, and the causes which impel many of onr
home-loving and laborious Germans to leave “Far
derland’ - will be gratified by a perusal of “Anna
Hummer. For sale by Jos. A. Carrie & Co.
From Geo. A. Oates ds Co., we have also re
ceived the following;
Evenings at Donaldson Manor; or, The (EißtWflk
Guest. By 7 Maria J. Mclntosh. D. Xnpleton
<fe Co.. New York. -•«
A new and cheap edition of this fyOTTte fire
; side book cannot fail to become popular with the
i great mass of genuine readers who prize the intrinsic
merits of a volume more than the mere externals.
We cun safely commend those “ Evenings” to the
notice of parents and guardians as pleasant and
instructive reading for those under their charge,
ymd not less agreeable cud profitable for their own
/perusal.
j Sicily: A Pilgrimage. By Henry T. Tuchreman.
! Geo. P. Putnam, New York.
The above book appe/wed originally in this coun
try about twelve years ago, and is one of the au
thor's earliest works. It is characterized by the
charm of style, genial peasantry, and quiet, yet
acute observation of his other productions, and
derives a new interest from the general feeling
which was excited by the Sicilian Revolution of
1848. It is the only reliable wqtk that we have on
the subject, and will be read with pleasure by the
many admirers of Mr. Tuokeeman.
Heads and Hearts; or. My Brother the Colonel,
By the author of “Cousin Cecil,” “The Miser’s
Daughter,” &c,, &c. Dewitt & Davenport:
New York. -MM
This is a wemof the “wildly intense’’ school,
and possesses eTfhsiderable interest and pow
er. The stjrfy hinges upon the continual
strife betwciP impulses of the
head, and the nqi/lc, affectionate, and self-sacrifi
cing ones of tlxp'neart. The hero, a young and up
right, but rather weak-minded man, is thrown
into the vortex of high life, where, in addition to
the usual dangers and temptations which beset
every debutant in that position, he Is taken in
hand by a keen, calculating “man of the world,”
who, under the guise of friendship, leads him on,
step by step, to the verge of destruction, from
which he is only saved, at the most critical mo
ment, by the nobler feelings of the heart. The
narrative is well related and the “excitement”
sustained to the close ; and though w r c do not con
sider books of this class, generally, healthy read
ing, they are much less objectionable than the
works of some of the older novelists, in which
rascality and scoundrel ism, when invested in the
garb of a brigand or pirate-captain are held up to
the admiring imitation of our youth of both sexes.
For sale by Geo. A. Oates & Co.
[OOMMUNICATED.]
UpsonCo., Ga.,Sept. 20, 1952.
Mr. Editor :—As all sound Union men seem to
be allowed the privilege of giving expression to
their political opinions through the columns of your
widely spread and universally admired journal, I
take the responsibility upon myself to present some
views upon the prevailing topic of the times—the
Presidential election.
By the way, I am glad you have hoisted the ban
ner of Webster and Jenkins; for, by so doing, you
have elicited the approbation and applause of every
lover ofthe Union in Georgia. May you accomplish
the high mission in which you have engaged, by
bearing it on to honor and victory!
The present condition of parties is unparalleled
in the history of this country. Sectional prejudices
and local interests had well nigh caused the sub
version of our proud governmental fabric; and the
infernal agencies of altruism and fanaticism had al
most forestalled those magnificent results guaran
tied by its establishment. The star of republican
ism, the beams of which have cheered so many
thousands, withheld its wonted effulgence, and
wandered darkling out of its orbit; the best friends
of Freedom throughout the world quaked with
fearful apprehensions at the dark prospect gather
ing in gloom before them : when lo! in the West
the giant form of Henry Clay, with erect brow
and undaunted mein, shaking off the decrepitude
of age, and rallying the strength of other days,
came in the majesty of conscious rectitude, to the
rescue of his imperiled country’, and, with his com
peer, Webster, and other kindred spirits, battled
| manfully for the only hope of oppressed millions.
■ To those eminent patriots we owe a lasting debt of
: gratitude fortheir noble and successful exertionsin
behalf of our count ry ; their names should bo held
! in grateful remembrance, and their virtues cherish-
I eJ and imitated, as long as the Republic basau ex
| istencc.
Unfortunately, however, the peace and quiet
brought about by the action of these patriots did
not last long; our political firmament is again over,
cast with the clouds of uncertainty. Two irrespon
sible conventions have met, and presented their
respective nominees to the confidence and favora
ble consideration of the people. The men they
have nominated have nothing to recommend them
to the favorable regards of the South ; and but little
to command the sanction and approval of conserv
ative men at the North. These stubborn facts have
created no little dissatisfaction among the free
citizens of Georgia and the surrounding States.
The Democratic party were disappointed at their
nomination ; and although the most of them adroit
ly managed to conceal it, yet there was some rvho
openly and candidly expressed their mortification-
The different wings of the Democratic party, fail
ing to nominate the men of their choice, were com
pelled, finally, to fall back and unite upon General
Pierce, or, as he has been termed, by’ way of* pecu
liar distinction, the “ Fainting General;” a man,
in favor of whom none had any special predilec
tions, and against whom none could urge any par
ticular objections, because he never figured exten
sively enough in the public affairs of this country
to bo known to many ; in other words, because Iris
obscurity shielded him from close scrutiny, and
cloaked the foibles and dark spots in his charac
ter. He was not like the “ city sot on a hill, which
could not be hid.” Men, who were infinitely more
worthy than him, were thrown aside by reason of
the pertinacity and obstinacy with which the diffe
rent divisions of the party adhered to their prefe
rences. Thus was the Democratic nominee set up
before the country ; under such auspices did he
begin tire contest for Presidential distinction. The
nomination of Gen. Scott was obtained exclusively
through the agency and instrumentality of Free
soilers. Before the regular convention met which
nominated him, he was made the constant theme
ofeulogium and panegyric by the most corrupt
abolitionists North of Mason and Dixon’s line ;
and his claims to the Presidency were presented
and urged by them with au enthusiasm and ardor ]
worthy ot a better object. He was even nominated j
by anti-Fugitive Slave Law cliques before the par- ]
ty met in general convention at Baltimore. Can ]
these things be mistaken ? Can any friend of the i
South cherish the delusion that Gen. Scott is sound i
upon the slavery question ? With all these truths
staring them in the face, can the independent free- t
holders of the “ Empire State” vote for Gen. Scott, i
merely on the strength of his military fame ? Are ‘
high military qualifications to be constituted the a
standard of eligibility to the highest and meet re- «
—. —l~| | Tium— inn U— —n
sponsible office in the gift of the American people
surely, the dfUzens of this greet and prosperous
Republic have much reason to distrust any move
ment, the object of which is to promote to Presi
dential honors a man whoso only claims upon them
emanate from the eolat and prestige of military
achievement. This country has had its quantum
auSfisit. of Generals for Presidents; it is time
that true merit be rewarded ; that eminent civil
and legislative qualifications, and a long course of
public service be compensated for its, toils and
sacrifices. Justice demands it, the 'world expects
it, and mankind will be bonefitted by it.
In order to accomplish tins, the “good men ani
true” of all parties, should rally in one grand solid
column under the bannerol Webster and Jenkins,
and proclaim resistance to Froesoiliam and fanati
cism, in whatever form or shape. Harmony and
concert should characterize |heir movements, and
energy their actions; thepi would the frenzied
hordes ofFreesoilers and Abolitionists be routed
and put to flight, and the demon of discord ex
pelled from Hie hubitatigns of Liberty !
Daniel Webster has more claims upon his coun
trymen than any othopßan living; the magnitude
and number of his public services, the wisdom and
moderation that hav^ltl ways marked his course,
and the superior aflßty and statesmanship he ha#
uniformly entitle him, more than any
:l.er person, dH|Hbhest office in the gift of Lis
surviving one of
i whose avr *ve
meat* havehalo of glory around the
American naqJBBRm O. Calhoun wan the first
among them that bourne from whence
no traveller returnsfollowing close after him,
the Sage of Ashland, the illustrious Clay, made his
exit to milder climes and brighter skies, beneath
whose genial influence he, to-day, doubtless Uvea
in serene tranquility, undisturbed by the breath of
slander, unpanged by civil commotions, and luxu
riates with unbounded freedom in th* fruition of
eternal beatitudes 1
We shall merely allude to the fact (for it has been
referred to often since his death) that Henry Clay
was not properly appreciated by his countrymen;
for if any man deserved to be President, that man
was Henry Clay—he who “ would rather be right
than President.” The nations of Europe were as
tonished at the ingratitude manifested by the Uni
ted States in neglecting that great man. The mo
mentary glare of military fame, the false splendor
of military achievement, eclipsed the steady, but
permanent lustre of that star which shot its beams
athwart the political firmament, and guided the op
pressed of all nations to the shores of new-born
liberty! He has left an indelible impress upon the
age in which he lived ; his rare virtues and devo
ted patriotism are stereotyped on the hearts of his
countrymen ; and he leaves behind him a fame
which, already co-extensivc with theciviliaed world,
shall augment with the spread of Republicanism,
and gather additional effulgence with the flight of
ages!
But, to return from this natural digreeeion, to
which ourffeelings prompted ns; let us ask ourselves
the practical question, shall we set aside the great
“ expounder of the Constitution,” the statesman
who has been tested by the moat rigid ordeal ;
who has been tried and
life has been spout in the civil service of his coun
try, for the promotion of her best interests, for the
perpetuation of her cherished institutions, and for
the establishment of a fixed and permanent pros
perity ; shall such a man be superseded and dis
placed by a mere General, whose merits are purely
of a military character ? whose fame rests entirely
on a series of victories achieved over Indians and
undisciplined Mexican forces ! Surely not.
But waiving all discussion in connection with th«
generalship of Scott, and admitting the fact, that
he is the greatest General of the age, where de
we find those civil and legislative qualifications
which are pre-requisite to a wise, judicious, and
faithful administration of the Government i They
cannot be found about him ; therefore, he is not
entitled to the olfice to which a portion of the peo
ple of the United States wish to elevate him. The
premises are correct, and the inference is unavoid
able.
Not so with Daniel Webster, however; his
competency and ability are incontrovertible. No
man, we presume, would attempt to contradict
the fact; because it would result in failure and
defeat. His purity of character as a man, his un
sullied integrity and lotty devotion of purpose as
a patriot, his far-seeing and sagacious intellect,
his extensive erudition and long acquaintance with
public affairs, and identification with national in
terests, render him. in every respect, « fit model
for President.
With all these circumstances before them, invi
ting their investigation, and challenging their •cru
tiny, it is to be hoped that, at the approaching
election, all conservative Union men, of whatever
party or political faith, will cast their votes for
Webster and Jenkins—knowing that there is a
pleasure in the consciousness of doing right, wheth
er success is certain, or defeat inevitable.
Respectfully yours,
A Voice from Middle Georgia.
Troup and Quitman.— The Montgomery Times,
Dallas Gazette, and Haynesville Chronicle, Ala
bama papers, have come ©ut in support of tb«
Southern Right? Presidential ticket. Other paper?
in the State are expected to follow.
The Superior Court for Cobb county stand?
adjourned to the 4tb Monday in November, on ac
count of the great accumulation of business on the
dockets.
Health of Charleston.
Office or Board of Health, '
Monday, 9, P. M. )
The Board of Health report 6 deaths from Yel
low Fever for the past 24 hours.
J. L. Dawson, M. D.
New Edition of Shakspeare — A new edition 0]
Suakkpeark, based on that of 168? i» about to h €
issued in England by Mr. Halliwell, It will con
tain moat valuable fac-uinsiles and illustrations,
authentic portraits, &c. The subscription price oJ
this superb work will be £6O sterling. It will re
quire six years to complete the work. Already
three or four subscribers from the United State?
have sent their names.
Dead Letters.— For the quarter ending Satur
day, the 25th ult., over a million and a quarter ol
dead letters wore received and opened at Washing
ton, containing about sll,floo—a portion of which
has been returned to its rightful owners.
William T. Barrett, the English sheriff who
forged a bill of acceptance, on the 28th dav of
April, 1851, in Gloucester, England, for £859 17s.
lid., and who was arrested in this country and ta
ken back, has been convicted and sentenced to
transportation for a period of fourteen years.
The Legislature of North Carolina assembled in
Raleigh Monday in special Session, having been
convened before the usual time by the Governor
and Council. North Carolina loses, by the late
Census, one Electoral vote. It has therefore be
come necessary to re arrange the Electoral Districts.
Another New York and Savannah Line ©f
Steamer?.— We are informed, says the Savannah
Georgian, that a company has been formed in
New \orktostarta new and op position line of
steamers between this city and New York. For
this purpose the steam propeller “Granite State”
has been purchased by the parties, and will be
put on the line immediately.
This is cheering news, and tells a loud story up
on the increasing trade and travel of our city, and
Railroad. There is but little doubt that the pro
ject will be carried out. aud sustained, by hand
some profits. The City »f Augusta, to run in con
nection with the Florida and Alahamet, has been
launched, and will be ready for service by the
heavy winter trade of December. With these
three and the “Granite State,” Savannah will have
a semi-weekly steam communication with the great
American metropolis. If these are properly sus
tained (aad there is n® reason why tb®y should
not be) the consorts to the “ Augusta” and '■
“ Granite State,” will be constructed before spring,
and give a tri-weekly eommunicetion between the
•tries Ssrsnnah and Xew T#rk. 1
|i) JHngDftic CflfgrfljJl).
New Yoke, Oct. 5. —The New York Express
iutimotes that Mr. Webster will shortly writ®
a letter declining the nomination for the Pre
sidency.
Advices from Nicaragua state that the Govern
ment has rejected the Webster and Crampton ad
justment project, and protest against foreign inter
ference in the adairs of Central America,
The defalcation of Augustus Bowen, the cashier
of Messrs. Brown & Brother, of this city, has been
greatly exaggerated. An amicable adjustment U
probable.
Hon. James Whitcomb, senior U. S. Senator
of Indiana, died in this city last night.
New York Market.
Monday, Oct. 4th.—Cotton.—Sales to-day 1,000
bales. Middling Uplands, 10%;
10%. Market easier.
New Orleans Market.
Tuesday, Oct. sth—Cotton. —salat of 5,000 bale*
at % lower. Middling 9% a9% cts. Stock 98,000
bales. The first hogshead new crop of sugar waa
reeeived to-day.
Charleston M arket.
Tuesday, Oct. 5,1, P, M.—Cotton,—The market
is depressed, but no quotable decline. The sale*
to-day are 600 bales, at 8% to 11 cents.
From the Charleston Courier —By Telegraph.
Later from Havana.
" Mobile, Oct. 4. —The steam ship Black Warrior,
Capt. K. W. Shufeldt, arrived at Mobile on Sun
day from New York, via. Havana. She made tha
passage from the latter port in forty-eight hours.
In Havana on the 28th uIC, Fuirfold, the printer
of the revolutionary paper, The Voice »f the People.
■ was garoted, and on the 80th ult., hia’inother died
from the shook she sustained at hearing of his fate.
The Count De Pozo Dolce and his brother have
: been imprisoned in Moro Castle.
The barque Cordelia from New York was detain
ed on the 22d nit. and two passengers taken from
1 her and imprisoned.
t The edict agamic the U. S. Mail steamship Cres
* cent City is still in force, and she will not be al
’ lowed to enter the harbor if Mr. Smith be retained
1 as Purser.
t The greatest vigilance is exercised by the Cuban
. ( authorities, and when Black Warrior left consider
able excitement prevailed in Havana.
Baltimore, Oct. 4.—The Hon. James Whitcomb,
f the senior U. S. (Senator from Indiana, is dangcr
-1 oasly sick in New Y'ork.
J j Baltimore, Oct. 4.—Augustus Bowen, Cashier to
i I Messrs. Brown <fe Brothers, of New-York, has been
, 6 arrested in that city as a defaulter to the firm in
| the amount of $230,000. It is said that this large
1 ii defalcation has been occasioned in consequence of
» his having speculated in stocks for several years.
. A. D. Comstock, a broker of New-York, has also
, been arrested on the charge of being implicated
with Bowen in the transaction.
1 Baltimore, Oct. 4.—The U. States Mail steamship
> Ohio. Capt. Schenck, which left AspinwalJ, Navy
, Bay, on the 21st of September with 800 passengers
f ans $2,800,000 in gold for New York, has put into
Norfolk, Va., hi consequence of having run short
of coal. All on board were in good health,
) Batimore, October 4.—The U. S. Mail steamship
, Empire City. Capt Wendle, has arrived at New
, York from *New Orleans, via Havana. She left
1 the former port at eight (. clock on Sunday morn
-1 iug. the 28tn of September, and the latter on Wed
; nes lay, the 29th of September. She reports that
s all was quiet in Havana, and that the Island of
Cuba was healthy.
" New Orleans, Oct, 4.—lt is believed that th®
b Naval Commissioners have reported in favor of a
r Naval Depot being erected at the Bellville Iron
Works, at Algiers.
New Orleans, Oct, 4.—Som pillars of the St.
■ Charles Hotel have commencedtto fail, but the de
v feet has been remedied. The pillars, however,
. will have to bo re-constructed.
New Orleans, Oct. 4.—The contractors for eight
* miles of the track of the N. Orleans, Jackson and
Northern RailKoad, commenced clearing on Mon
» day above Carrol ton.
4 Tribute of Respect.
e • September, 17, 1852-
8 At a called meeting of Newborn Lodge, No. 89,
the following was unanimously adopted as an ex*
7 pression of our sorrow, at the death of our Brother,
'f Albert A. Harwell.
Death is a word at whose mention the young
e and the old tremble alike. And though dreaded
, and guarded against, it meets man at every
turn in life’s chequered pathway, from infancy to
old age. For the voice of the Almighty declare®
s that “man is but dust, and shall to dust return
3 again.” When the old man bowed down by the
. weight of years, goes leaning upon his staff to the
v grave, w r e feel a kind of submission to the decree
I of Heaven. But when the young and gifted are
- snatched away around whom so many bright hopes
s gather and from whom we had expected so large a
degree of usefulness, we are disposed to wonder
'» at this dispensation of Providence. Such are our
i feelings while with deeply smitten hearts, we re
. cord the death of our beloved Brother. But wa
, will not murmur—for the “Judge of all the earth
will do right.”
He was frank and generous, and possessed of a
- strong and bright intellect. And though stricken
down just as ne was upon the threshhold of life,
he gave the world assurance of a man of no ordi
? nary character.
r But his is now the dreamless sleep of the grave.
r Then let his body quietly rest beneath the sods of
the valley till the resurrection morn, when it shall
* rise to be crowned with the brighest glories of im
- mortality.
To us is left the sad privilege of paying this tri
• bute to his memory—and mingling onr sorrows
with his family and friends, in the following reso
lutions ;
Resolved, That this Lodge most deeply deplore
, the death of our esteemed and worthy' Brot v uCr
. Albert A. Harwell, who so recently associate a, with
ns as one of its brightest ornaments.
Resolved, That we present onr sincere regard
8 and unaffected sympathies to his relations under
this affecting dispensation of Divine Providence
i which robbed them of a son and brother, and we
s of a friend and Brother,
i Received, That the members of this Lodge wear
j mourning for the space of thirty da\s,
e i Resolved, That the Secretary “furnish the Parents
j of onr deceased Brother, with a copy of the above
I resolutions, and that a copy be forwarded to the
Chronicle & Sentinel lor publication.
Hiram Pendergrass, Secretary.
Bank or Montgomery.—As will be seen by no
: tice in another column, the Bank of Montgomery
will open for business on Monday.
The Bank is organized uuder*the provisions of
,f the free banking law, and has the requisite stocks
deposited with the Comptroller. It will do, we
9 presume, the usual banking business. This in-
l * stitution will be, to the extent of its capital, of
i, much benefit to the commercial interests of this
,£■ city, where banking facilities are much wanted.
The bank established by the last session of the
“ legislature, and which was refused to Montgom
y ery from a spirit of spite, by no means commend
-6 able, (although it was evident that the public in
terests required it.) and located elsewhere, has
not, as far as we have seen, had its stock taken,
or put in operation. This is a matter of regret,
" as there arc many places in the State where a bank
s ing institution is needed. —Alabama Journal.
Sailing or the Pacific.—The Collins steamship
1 “Pacific,” Capt. Nye, sailed for LiverpoolSa’urdsy.
The Pacific has been painted anew since her last
voyage, and looked magnificently as she glided
5 down the Bay. She was saluted by the ocean,
f steamers on both sides of the river. Among th®
pasengers we see the names of Hon. Humphrey
* Marshall, Minister to China. — Erprsee.
More Cotton from Africa.— Mr. Thomas Boot
* ham, Secretary of the Manchester Chamber of
Commerce, recently received through a gentleman
in London, a sample of some cotton grown by an
t Englishman on a plantation at IVinnehaah, Gold
Coast, West Africa. Accompanying the sample
was a memorandum to the effect that the grower
‘ had 80,000 plants in bearing ; and that, in ad
dition, he and his brother had cleared 800 acres of
land, preparatory to planting. The sample ha»
been inspected by Mr. T. Baaely, President of the
Chamber, who considers it of a good_ and useful
kind, and worth in the market 7d. to 7%d, per lb.
OBITU 4BV.
Departed this life, en the *
in Lincoln county, Ga., Mrs. VHLCILLA G. DILL, can
sort of J. M. Dill, in the 24th year of her age, b f*
hind her a beloved companion and numerous finends ta
SS tL er te\X V rKer P the sod which mor
tality Having been an exemplary member of the Bap.
tist Church for the last five years, left engraved upon th®
hearts of her friends, that her feelings were congenial to
the kind will of Heaven, and a complete resignation to her
expected departure. Her way from the dark abode of
time to the groves * f * as by the bril
liant rays of hope, supported by the strong pillar* of ® B
immoveable faith in Him whem she always looked to in her
protracted illness, with a smile upon her pallid brow and
say, thou art my guardian through the vaHey and shadow
of death I tear no evil, th® preserver of my immortality.
Kind, affable, and amiable her disposition, she was eomp®.
teat as a companion to smooth life’s rugged track and
make it the downy mantle of peace and tranquility. Be
loved by her kind companion, courted by her charm*, stl
loved and admirtd her. ’ ■”
Farewell—thou art left earth’s painful shore;
Thou canst ne’er return to time no more;
Where er thy friends, home on earth, may be •
coll, still, wiM memory turn to tbea. J. P. M.
DIED.
la Greenville, ®» ftie 4th es Ausmse. TV ATMTawX
▼WLdIAB®. ■ * J