(OLlMBrs FIUPAT. NOVEMBER 10, !>
I=l letter of John A. Jones, Esq.
We have space, barely, to bespeak the attentive
consideration of our readers to the letter of Mr.
John A. Jones which will be found below. It is
a reply to an article, that appeared recently in
the Augusta Constitutionalist, animadverting up
on the conduct of Judge Benning, iu presiding in
the “Bank Case,” at the last June term of the
Supreme Court at Macon. Mr. Jones considers,
seriatim, the positions taken by the Constitution
alist, and, in our opinion, administers a complete
refutation to every one of them which attacks
the propriety of Judge Benning’s conduct. The
clearness and force with which he proves the con
formity of his course to the law creatingjthe Court,
and to the precedent in such cases, approximates;
as nearly as moral deduction can, the rigor of
Messrs Editors. —Asa friend of Judge Benning,
I will, with your permission, notice charges made
against him by the Constitutionalist of the 7th
inst. The Constitutionalist says, that “this decis
ion” (the decision in Robison, vs. Beall made at
Macon in last June term) “independent of the
error and the injustice which it involved, was un
palatable to the profession and to the people, be
cause pronounced by two of the Judges of the
Court—McDonald and Benning— neither of whom
ouyht to have presided in the ease. That is our
opinion, and it is sustained by reasons which we
feel will be satisfactory to our readers, to the pro
fession and the public.”
The Constitutionalist then proceeds to state
these reasons. They are briefly as follows: Ist,
That Judge Benning, when elevated to the bench,
was the retained counsel of DanTMcDonald dec’d,
the Pro sideut of the Planters and Mechanics
Bank of Columbus, who owned nearly, if not
quite, half the stock of that institution and was,
consequently, liable for the redemption of one
half of its bills.
2d, That Col. Seaborn Jones, the father-in-law of
Judge Benning, is a stockholder in the Chattahoo
chee Railroad and Banking Company, and that a
number of suits are now pending against Col.
Jones—some by bill holders to recover the amount
of their bills—some by other creditors to reach
assets of the Bank and to compel him to pay up
the unpaid seventy-five per Centage of the stock,
that it may be appropriated to the payment ol’
their bills; and one heavy suit pending against
him and the assignee of the broken Bank of Col
umbus, which has been brought by its creditors, to
compel him to account for assets of that Bank,
which they allege have been wrongly converted
and appropriated. 3rd, That Judge Benning, was
the counsel of his father-in-law in all these cases,
and 4th, when counsel at the bar, united with
other counsel in the defence of many others of the
same class. sth, That other facts might he given
to show Judge Benning’s connection with these
Bank cases, and with many of the parties interes
ted in them. 6th, That so intimate and notorious
was his connection with them, that it was used as
au argument against his elevation to the bench,
and he was obliged and did promise not to preside
in any of these Bank eases, in which he urns em
ployed as counsel. 7th, That with this promise
he was elected, and soon afterwards in 1554, one
of these Bank cases came before the Supreme Court
at Decatur, when the counsel for the bill holders
respectfully requested Judge Benning. not to pre
side in it, and when he declined to comply with
the request, protested against his presiding.—
Bth, That the same request was made when the
Bank case decided at Macon was called, and Judge
Benning, again declined to comply with it and
presided, and with Judge McDonald, pronounced
a Judgement which “arrests all of the heavy
Bank cases from Columbus.”
These are the reasons which the Constitution
alist has for the opinion, that Judge Benning
ought not to have presided in the case and which
it thinks, will be satisfactory to its readers, to the
profession and to the public. And why? Because
the law says they are .sufficient? No, but because
instinct says so. The language of the Constitu
tionalist is—“ There is an instinct of propriety
which condemns his conduct, without argument
as well as against all argument” Ac.
But the question is not one af instinct. Not
even one of a Judges private option : it is a ques
tion of mere law. A Judge has to follow the law
although the law may conflict with the general
instinct or even with his private instinct. If so,
it is manifest that the test of the sufficiency of
these reasons, supposing them true in fact,
ought to be, law. not instinct. Yet the Constitu
tionalist is satisfied to build its conclusion on in
stinct and common sense. It cites no statute—no
case-—no legal principle—no usage of Judges,
and this, too, notwithstanding that Judge Ben
ning in the Decatur case referred to, has specially
put his course upon the law and the conetituton,
as read by the usage of the Judges, particularly
stating what part*of the same he relied on. See
16, Ga. Rep. 218.
Even then if instinct does say that these rea
sons, if true, are sufficient, the question remains,
what does the law say ?
Judge Benning’s review of what the law says,
has been before the public and the profession for
four years. It is contained in the Decatur case
16 G'a. 248.
That view is simply as follows ; Ist when the
law authorises or Commissions a Judge to preside
in any case, it is his duty to preside in that case ;
much more if it requires him topreside in it. The
law authorized and required him to preside in the
case at Decatur aud the ease at Macon ; therefore,
it was his duty to preside in them. Is the first
of these three propositions true ? Now I suppose
it will be admitted by all, that it is the duty ofa
Judge to preside in some of the eases in which the
law has authorized him to preside. But if the
law makes no discrimination between one ease and
another, he can make none, and therefore, it must
be as much his duty to preside in one of the cases
as in another. And if he can make no discrimin
ation between one case and another, it must fol
low that it is his duty to preside iu all the cases.
What possible reason can there be why the law
should authorize a Judge to preside in a case,
except that it wished him to preside in it. But cer
tainly, it will be admitted that it is the duty of a
Judge to preside in all the cases in which the law
has required him to preside. The question, then,
is on the second proposition—did the law author
ize—did it require Judge Benning to preside in
th cases aforesaid, notwithstanding the reasons
alleged against his doing so ?
Where are we to go for the law on this question ?
Doubtless to the constitution, to the organic act
and to the usage of the Judges. The constitution
says that “the Supreme Court shall consist t of
three Judges.” When we say that man consists of
body and soul, we mean, that it takes both body
and soul to make man. And the constitution
does not say, that a majority of the Court shall
be authorized to do business. Whereas in the
case of the two branches of the general assembly
it does say that “a majority of each branch shaii
be authorised to proceed to business.” It is ex
tremely difficult, then, to resist the conclusion
that it takes all of the three Judges, the consti
tution being the test, to make the Court.
Tho act organizing the Court says: “It shall
be the duty of all the Judges of said Court to
attend at each term of said Court; but if, from
providential cause, any one of said Judges cannot
att md a Court, such Court may be holden by two
iiy the organic act also, then, the implication
is very stroug that it is to take all of the three
Judges to make a Court in every instance, except
one—that in which a Judge is prevented from at
tendance by providential cause.
And it is hard to find a warrant in the consti
tution for even this exception. But, so far as the
matter in hand is concerned, the exception is of no
ooasequeaoe, and may be treated as though it did
bet exist. Now, what is the power and the duty
of the Court, thus required to consist Of the three
Judges? The Constitution itself tells. It says :
“And the said Court shall, at each session in each
District, dispose of and finally determine each and
every case on the docket of such Court, at the first
term after such writ oferror brought.” The Court
having to consist of the three Judges, this directly
authorizes aud requires all of the three to dispose
of und finally determine each and every case ou
the docket. Now, it is very difficult to say that
this is not the conclusion we get, if we go for law
to the Constitution and organic act—a conclusion
that the law authorizes and requires the three
Judges to preside in each and every case. What
then, do we get, if we go to the usage of
the Judges acting indiscriminately ? What do
we find that usage to have been ? We find that
when a case has come up in which a Judge was
a party, or was interested, or in which a relation
of bis was a party, or was interested, or in which
the Judge was of counsel while at the bar, he has
retired from the bench ; and we do not find that a
Judge has done this when a ease came up, which
was merely similar to one in which he was a par
ty, or was interested, or in which a relative of
his was a party or was interested, or in which
the Judge was of counsel while at the bar. On
the contrary, in these latter cases we find them sit
Judge Lumpkin has presided in these very
bank cases from the beginning, and yet he had a
brother-in-law (Col. Grieve,) deeply interested in
having the Stockholders of both the Planters and
Mechanics’ Bank and the Chattahoochee Rail
road A Banking Company heldliuble. Col. Grieve
is a twenty thousand dollar stockholder in the
bank of Columbus. The bank of Columbus holds
debts to a very large amount against the Planters
and Mechanics Bank, of w hich debts upwards of
SIOO,OOO are in bills of that Bank. So the Bank
of Columbus holds a large amount of debts against
the Chattahoochee Railroad Bank of which debts
nearly $50,000 are in bills of that Bank. Besides,
the bank of Columbus is itself insolvent, and un
less it can recover these debts, its Stockholders
will not only lose all their stock but will have to
take up any of its bills that may be unpaid.—
Nay, Judge Lumpkin was himself a Stockholder
in the Bauk of Columbus when it broke, and for
sometime afterwards, and although he sold his
stock before he presided in the cases, yet he fail
ed, I believe, to advertise the sale as required by
the act of 1838. And that act declares that Stock
holders, who transfer their stock, shall not there
by become exempt from liability', uuless they “give
notice once a month for six months of such trans
fer, and immmediately thereafter, in two newspa
pers in or nearest to the place where such Bank or
other corporation shall keep the principal office.”
Of course I am not attacking Judge Lumpkin ;
he is entitled to my utmost respect and he has it.
On the contrary, I say he was right, under the
Constitution and the law. And there has never
been a whisper, so far as I know or believe, to
the contrary. His personal interest was so remote
as to be beneath notice. I merely refer to his
course to show what had been the usage of mem
bers of the Court when Judge Benning presided in
these two eases. If then, we go to the usage of
individual Judges for the law, we find it to be that
each of the Judges is authorized and required to
preside in all cases excepting those in which he
lives on interest or in which some relation of his
has one interest, or in which he was of counsel
while at the bar ; and not excepting those which
maybe similar to cases in which he has an interest,
or in which some relation of his has an interest,
or in which thejudge was of counsel while at the bar.
Judge Benning had no interest in the cases in
which he presided, nor did any relation of his,
nor had he been of counsel in the cases ; it follows
that the law, whether we go for it to the Constitu
tion or to the organic act, or to the usage of indi
vidual judges, authorized and required him to pre
side in the cases. He didno new thing, He merely
followed the example set him by the other Judges,
And that, certainly, was itself going very far
seeing that the constitution says that the Court
shall consist of three Judges, and that the Court
shall “determine” each and every case on its dock.i
et. When only two Judges sit, if they differ, they
can make no judgement ; and so they fail to “de
termine” the ease. Yet the Constitutionalist thinks
that both Judge Benning and Judge McDonald
should have retired from the bench. Its oracular
language is, “we have said that this decision, in
dependent of the error and injustice which it en
closed, was unpalatable to the profession and to
the people, because pronounced by two of the
Judges of the Court —McDonald and Benning—
wither of whom ought to have presided in the case”
If they had retired it would certainly have broken
up the court; or does the Constitutionalist think
one Judge can make a Court ? His principle how
ever, would equally have carried the remaining
Judge (Lumpkin) off the bench, from his relation
to Col. Grieve. Thus, then, according to the prin
ciple of the Constitutionalist, the bench is to be
stripped of every Judge and the Court broken up
in cases like the two under consideration, and
that in the face of the constitution which says
that the Court shall consist of three Judges, and
that the Court shall determine each and every
case. The law has provided no way of extempo
rizing tales Judges of the Supreme Court de cir
cumstuntibus. If then the constitution, if the or
ganic act,if the usage of the Judges individually,
and not instinct, be the test, Judge Benning was
both authorized and required to preside in the ca
ses even supposing the reasons aforesaid assigned
against his proceeding true in fact.
Well, if he was thus required to preside he
ought to have presided. But his case, it is
true, was a hard one. If he did not preside, he ex
posed himself to the charge of violating his sworn
constitutional duty, and that from a base fear of
personal consequences. If he did preside, be ex
posed himself to the galling charge from the un
generous and the half informed that he was a cor
rupt Judge, What could he do? Only what he
conceived his duty, Raving personal consequences
to take care of themselves, lie did that. He pre
sided, But iu doing so, he did not act upon any
sudden or secret resolution. That he would do
so, was well known at and before the time when
he was elected, and was freely used against him
to prevent his election. He did not hesitate to
let it be known on every suitable occasion during
the canvass, that if elected, he would treat the
Bauk cases like all other cases, and following the
example set by the Judges, then and previously
on tho bench, preside in all of those cases in
which he was not of oounsel, and in which no rel
ative of his was interested. That was his open
position before the elective body—the Legislature,
llis election was the endorsement of that position
by that body. Thus then, he has the constitu
tion, the organic act,the usage of the other Judges,
the sanction of the Legislature that elected him,
all in his favor.
Loss of the Macon Flouring Mills.
We are sorry to say that the Macon Flouring
Mill establishment was entirely consumed by fire
between two and three o’clock last Wednesday
morning. The loss iu building and machinery,
we understand, is about twenty thousand dollars,
of which eight thousand five hundred was covered
by insurance. In addition to this, the mills had
received the day before, a stock of fifteen hundred
bushels prime wheat, which was also all consumed.
An incident of this tire illustrates the necessity of
an amendment to our mode of fire alarms. For
nearly half au hour after the alarm was sounded,
the Engines were running hither and thither, in
uncertainty what direction to take. There was
then no fire light to guide them, and by the time
they could ascertain where to go, aud reach the
spot, the flames had made too great progress to be
arrested. The mill might, perhaps have been
saved if the fire department had known what di
rection to take, and this, hereafter, we should
think, could be indicated by the bell alarms.—
Suppose the Chief Engineer should try his hand at
The Funeral Ceremonies or the late Gen.
Quitman. —These sad rites, which were perform
ed at Jackson on the Cth instant, are described as
having been such as were worthy the memory of
that distinguished statesman and soldier. Col. C.
E, Hooker delivered an oration, and in the eve
ning the Masonic address was given in the Hall
of the Home cf Representative!, by the Rev. Mr.
Wednesday Morning, Nov. 17.
The usual preliminary proceedings being
through, Mr. Slaughter moved a reconsideration
of the bill of yesterday, in regard to drawers of
drafts, checks, Ac. the bill passed.
Rills Third Reading.
For the better government of the State Road,
chiefly in relation to promptness of accountability
Also, to increase the salary of the Superinten
dent of same; passed.
To alter the Ist Sect. 3d Art. of the Constitu
tion, to provide for the election of one Justice of
the Inferior Court, in each county, and to consol
idate the office with that of the Ordinary; laid on
To encourage and aid intelligent youth, to pro
vide a suitable corps of teachers; referred to Ed
To alter the 3d Sec. Ist Art. Constitution, ma
king annual the election of members to the Gen
eral Assembly, Yeas 54, Nays 52. This being a
constitutional question requiring a two-thirds vote
it was lost.
To alter and amend Ist Sec. 3d Art. of the
Constitution. This bill tends to the abolition of
the Supreme Court.
Mr. Cleary said he hoped that the friends of
the Court would not press the bill.
Mr. Thomas was in favor of a postponement
but ready to do away with the Court.
Mr. Fambro was in favor of the Court as it was,
if such laws would be enacted by the Legislature,
as to make the Court worthy the respect and con
fidence of the State; if this eould not be done, he
was in favor of abolition.
Mr. Hill of Harris, was opposed to “cutting the
dog’s tail off dose off behind his ears,” the reason
was, that the former was deceased. Mr. 11. ar
gued that all human institutions were imperfect
and was ready to grant that the Court needed a
reform, but was opposed to a total abolition.
Mr. Billups, was willing to vote for abolition,
unless the existing evils could be remedied, and
was in favor of indefinite .postponement.
Mr. Reynold - desired before any action on the
matter, to hav the opinion of the Judiciary Com
mittee; they bad the question of reform ander
[I have gi enbut a brief synopsis of these de
bates, but it would appear that the Senate is not
in favor of the abolition of the Court, but rather
of a reform. This bill was made the special or
der for the first Monday in December.]
To incorporate the Fort Valley and Atlantic
Railroad Cos. Passed.
To incorporate the Western k Atlantic R. R.
Cos. with power to lease tho State Road for the
term of two years; laid on the table.
To grant certain privileges to the Willes Val
ley Rail Road Company, with an amendment,
To alter the Constitution so, as to reduce the
number of Representatives to one from each
county, and the Senate to forty members; amend
ed to make the number of Senators 48, six from
each congressional district, and not more than
one Representative from each county.
A motion was made by Mr. Harris of Worth,
to lay the bill on the table. Mr. Dawson of
Greene, was opposed to this motion. The Senate
of Georgia had lost in his opinion, every charac
teristic of a Senate; it had become a popular bo
dy, unsuited to wise and deliberate legislation,
aud producing such divisions of responsibility
that no man feels it, and is an unnecessary bur
then to the Treasury. He appealed to the mem
bers to legislate, not for themselves but their
country. There was hardly another State in the
Union, which had one half such a representation
in the Senate as had Georgia; The discussion by
so many different members, of the various ques
tions introduced, consumed avast amount of time
and seriously hindered the progress of business..
# Mr. Bartlett was opposed to the bill. The
election of Senators by Congressional Districts he
disliked; an anomaly unknown. This policy had
been tried a few years ago. Why wish to revive
it? The Senate was not too large; it was the
great centre of light to the whole State, on po
litical affairs. An election by districts would de
stroy the identity between Senators and their
Mr. Gibson of Richmond, hoped that this bill
would not be laid upon the table. It contempla
ted a saving of $25,000 to the Treasury, and every
tax payer in the Senate should take the matter to
heart. The Senate, said Mr. G., was intended as
a check upon the House. It was the great bal
ance wheel in the machinery of Legislation. He
hsd no political motive for supporting the bi 11..-
His district had some 1500 majority opposed, to
his political sentiments.
Mr. Cone was opposed to the Bill, it would cre
ate confusion in the next apportionment. There
was but one recommendation to the bill, it woußli
leave at home a quantity of jackleg lawyers,. yElo
came and bothered those who wished to attend?o
The motion to lay the bill upon the table-was
withdrawn. Mr. Fambro was sorry to see the
haste with which the Senate, were anxious to dis
pose of so important a measure. This bill was
demanded by the best interests of the State; tins
was a consideration which should influence every
member in discharge of his duty. Mr. F. contin
ued at some length* and the motion to lay on the
table was again taken up, and the yeas and nays
being taken resulted thus: ayes 37, nays 67.
The bill was made, in conjunction with amend
ments, the special order for Monday week. The
Senate adjourned and met again at 3 p. m.
The oniy important proceeding of this afternoon
was a report from the Committee on Banks. A
Resolution calling upon the Governor for inform
ation in regard to the non-compliance of certain
Banks with existing State raws.
A number of Bills were read for the first and
second time. The bill iu relation to reducing the
number of Senators and Representative has been
postponed. This is well. It is a measure, ou
both sides of which, much can, and probably will
be said; and I anticipate the pleasure of being
able to report good speeches. There can be no
doubt that the less the number of members, the
quicker the be dispatched.
Most of the time of the House was consumed
yesterday in the discussion of motions for recon
The first was a motion to reconsider so much of
the Journal of yesterday as related to the loss of
the Bill to dispose of free persons of color.
After some debate the motion was carried. 66
Another was in relation to the private execu
tion of criminals. This motion was lost by a vote
of Yeas 67. Nays 70. Two other similar motions
shared the like fate; one, to reconsider Bill of yes
day, allowing collection of interest on open ac
counts and the other to reconsider a Bill, lost yes
terday, in relation to the taxes.
Bills Third Reading.
To reimburse John 11. Howard, of Columbus,
for certain expenses incurred by him in establish
ing the line between Georgia aud Alabama.—
To extend the provisions of writs of certiorari
to possessory warrants. —Passed.
To amend an Act the more effectually to protect
personal property. Indefinitely postponed.
To repeal certain portions of an Act, in relation
to free persons of color and negro preachers.—
To compel Grand Jurors to return offences
again Ft the State.—Lost.
To compel Justices of the Peace to give SI,OOO
To make uniform the decisions of the Supreme
Court, and provide agaimt the reversal of the
same, with an amendment by Judiciary Commit
tee. Laid over.
To abolish imprisonment for debt, a substitute,
to the effect that unless plaintiffs make oath that
defendant has money or property which cannot
be reached by fi. fa., ca. sa. cannot hereafter com
mit. Yeas. Nays.
To repeal the law requiring slaves or free per- ;
sons of color to be tried by the Superior Courts.
To alter the Ist section, 4th article of the Con
stitution. Provide* that there shall bo no judicial
circuit for th© State, and that terms of tho Su
preme Court shall be hold at th© Capital. Ayes
75, Nays s4*
As th© bill, being a constitutional one, would
require a two-thirds vote, it was lost
To curtail the powers of the Supreme Court in
criminal cases. Passed.
To provide for the compensation of commission
To alter Ist See: 4th Art: of the Constitution.
Provides that there shall be but one judicial Cir
cuit for tho State, and that the terms of the Su
preme Court shall b© held at the Capitol. Ayes
57, Nays 54. As this Bill would require, being a
constitutional one, a two thirds rote, it was lost.
To curtail the powers of the Supreme court in
criminal cases. Passed.
To provide for compensation of commissioners.
Mr. Gordon said lie introduced the bill for the
benefit of parties litigant; he thought some regu
lar fee should be established. The bill was com
mitted on motion of Mr. Lewis of Hancock. A
subsequent motion postpones the bill indefi
The Rules were suspended in order to take up
a Bill to allow- the State Treasurer to make cer
tain advances. Passed. There were many dis
cussions of minor importance during to-day, and
the House adjourned till 9% A. M. to-morrow.
Additional by the Niagara.
Some of the Circulars report that considerable
irregularity prevailed in prices, but subsequently
more confidence was restored. Of tho 47,000 bales
sold, 6,000 bales were taken on Speculation and
8000 for export. The sales Friday were S,OOO
bales, of which speculators aud exporters took
The stock of cotton in Liverpool was 420,000
bales, of which 319,000 were American.
The accounts from the manufacturing districts
continued unfavorable, and business was declin
in London, the rates for money were unchang
ed, but there was an increased demand. The
bullion in the bank of England had decreased
Consols have declined, and were quoted at
At Liverpool, Breadstuff's and Provisions were
It was rumored in England that Lord John
Russell would supersede Lord Derby, as Pre
The Prussian Cabinet had not yet been perfec
Tho news by this arrival is generally uninter
[The Reporter is not confident that, he lias given
the names of tho vessel which arrived on Wednes
day afternoon, at Halifax, from Liverpool.—
Among tho “movements of ocean steamers,” re
ported in the New York Journal of Commerce, the
Niagara steamship is reported to leave Liverpool
on the 6th of November. Iu Wilmer & Smith’s
European Times , of October 30, it is stated that
the Canada would leave on the 6th inst. The
news is reliable, if the Reporter is mistaken in the
name of the vessel which conveyed it.]
Overland Mail Arrived,
St. Louis, Mo., Nov. 17. —Tho overland mail
from California has arrived with mails from Sari
Francisco to the 22d Oct.
The Camanclie Indians show signs of hostility.
Their head chief, it is stated, has declared that he
will wage war upon the whites until tho lastfudi
an is dead.
Senator Broderick has arrived here by tliis mail
route. He had one of his feet frozen, and was
othwise injured by the upsetting of the coach in
( the mountains.
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as well as their acknowledged and honorable cha
racter as gentlemen, render whatever they publicly
asssertin the last degree reliable. Several of
these have tested, personally, tho hair preparation
we are now speaking of, aud certify to its amazing
efficacy in the most public manner possible. Their
certificates can be seen at the proprietor’s depot,
312 Brocdway, New York, and once seen and
properly appreciated, we have no hesitation iu
saying they will impress conviction on the most [
skeptical mind. Wood’s Hair Restorative is, i
doubtless, the best article of its kind ever yet pro- :
does not dye, but gives life, health and
beauty to the decaying, falling and dead, restoring j
as if by magic, that which was supposed to be ir- j
recoverably lost. Heads nearly bald, and others i
nearly white, are daily being changed to their
pristine beauty, and faces covered with pimples are
rendered as smooth as an infant’s, and blushing
as a rose, all by the use of Prof. Wood’s Hair Re- j
storative. For sale at 114 Market Street, and by :
all Druggists.— Chicago Democrat.
Bold by all Druggist© in this city, and by deal
er© and dmggisti generally throughout the United j
States and Canada*. octS7—wd2w. j
WHAT IT IS DOING FOR THE 810#;.
Wm. SUuehman, Esq., the well known Litho
“l have frequently used BfERitAVE’s Holland
j Bitters, and find it. invariably relieves indigos
j tion and debility.”
Rev. Samuel Babcock, says: ”1 found special
relief from its use, for a severe headache, with
which I had suffered.”
J. W. Woodwell, Esq., says: “I have used Boer
haves Holland Bitters myself and recommended it
to others, knowing it to be just what it is repre
Alderman Jonathan Neely: of Lower St. Clair,
i says ‘‘l have derived great benefit from its use for
weakness of the stomach and indigestiou.”
James M. Murphy, says: “After several physi
cians had failed, Boerhave'a Holland Bitters re
moved pain from my heart and side, arising from
See Advertisement. novl2—lwdw.
ORTON & ORDER’S
Great Southern Circus and
For Si Oxxl3r2
RE-ORGANIZED and embellished for the traveling
season of 1858, with new and costly trappings,new
j Horses, new Performers, Pharaplianalia, &r. Ac.
Will exhibit at COLUMBUS on Saturday and Mon
’ day, Nov. 27 and 29. 1858.
Admission 50c. Children and Servants2s cents.
The principal features of this model Company con
stitute a full and efficient corps of Equestrians. Acro
brats, Herculeans, and Dramatists, culled from the
stars of both Europe and America.
ALSO—The wonderful performing Lion and Lioness
Romeo anil Juliet, and the Pet T.eopard Washington;
captured, imported, subdued and trained expressly to
amuse and delight the patrons of this popular company
BEAD AND WONDER!
The above animals will be taken from the cage and
performed in the ring, by their captor. Prof. Tubbs,
and are the only animals in the United States who per
form in a circle !
THE SPENDID BAND CHARIOT,
Containing Prof. Abie’s Military Band will enter town
at 10 o’clock on the day of Exhibition, drawn by 12
beautiful match Grey Horses, richly caparisoned, and
driven by Prof. George W. Moses the modern Jehu
and 40 horse driver.
Immediately alter the conclusion of the Circus per
formance, and under the same Pavilion,
THE SABLE HARMONISTS
Will give a Grand Concert, consisting of new Songs,
new Dances, new Burlesques, Comicalities, &c. by the
following well known talented performers:—Charley
Lewis, R A Liudley. Andy Morris, Frank Schullze,
who challenge any similar party to compete with them
Admission 25 cents. Children and servants 15c.
November 19, 1858—dSt wit.
H. F. BROWNE, Agent.
BY ELLIS & MATHIS.
PARLOR AND BED-ROOM
FURNITURE AT AUCTION.
- j e w j|| se ]j at our Auction Room, on
SATURDAY, Nov. 20, at 11 o’clock,
A handsome set of Parlor and Bed
room Furniture, consisting in part of Mahogany
Bureau, Sofa, Lounges, Mahogany Chairs, Cano
Bottom Chairs, Mahogany Centre-Tables, Ma
hogany Bedsteads, Dining Tables, Mattresses,
Wash-Stands, Tete-a-Tete, a fine Cooking Stove,
Paintings and Engravings.
Together with many other requisites for House
keeping. Terms Cash.
Nov. 19—d St.
By ELLIS & MATHIS,
Auction Sale or
‘ VALUBLE OILPAINTINGS
We will sell at our Auction Room
ON WPBKE 3DAY NIGHT, NOV. 24
A large and handsome lot of OIL PAINT
INGS, a large portion of which were purchased
by a gentleman of this city for his own use, ma
king the finest lot of painrings ever sold here at
auction. Catalogues will be ready a few days
previous to the sale.
novlß—dtd ELLIS, Auctioneer.
, TIIE subscribers take pleasure in informing
their customers and all interested in the purchase
of Drugs, M diclnts, Lead,
@ OiiS, (fee., to their large and varied assort
ment of arricies usually sold by Druggists, which they
are now offering on as reasonable terms, as can bo
found in this ciiy; and to those who preter buying for
cash we would say, call, arid they will find it to their
interest to purchase from us. Every article sold by us
warranted to be as represented.
DAN FORTH, NAGLE <fe CO.,
Wholesale and Retail Druggists,
Sign of the Golden Mortar, No. 107, Broad St.
Columbus, Ga. Nov. 18,” 1858. dwtf
KEROSENE is the trade-mark of the Kerosene Oil
Company, and all persons are cautioned against
using the said trade-mark for other Oils.
Notice This.—We are the Sole Agents for the Ker
osene Oil Company for the sale of the Kerosene Illumi
nating Oil in ibis city, and persons purchasing eise
where would do well to inquire of the dealers if they
are selling them the genuine Kerosene Oil.
At present we do not believe there is one gallon of
the genuine Kerosene Oil for saie in this city, as the
company for a few weeks past has been overstocked
with orders, but we expect to receive a fresh supply in
a few days direct from Head-quarters.
DANFORTH, NAGEL fc CO.
Sole agents for the saie of Kerosene Oil in Columbus.
November 18, 1858.—dwtf.
rHE undersigned invites proposals until the 15th
December next, for the building of a BABTIST
CHURCH in this city. Ulan and specifications can
be seen by bidders, at the office of Thomas J. Nuckolls
in Jones’ Building. For any information on the sub
ject, address X. NUCKOLLS, Cli’n.
Columbus, Nov. 10, ISsß—dim.
EXECUTOR’S SALE.—WiII be sold on Monday
the 29th instant, at 12 o’clock, in front of Harri
son Sc Pitts’ Auction Room, the House and Lot in the
city of Columbus, belonging to the late Mrs. E. R.
Crook. This house is delightfully situated on Bryan
Street, and is on part of lot No 343, with eight large
rooms; halls above and below, and collonadcd on all
sides. Sale positive. Terms: Credit of one and two
vears. with 7 per cent, interest.
Nov. 10, 1858—d12 wit M. J. CRAWFORD, Ex’r.
A [DESIRABLE RESIDENCE in
MWynnton. Apply to
50v.16-dtr. CiUV. T. SHEPHERD.
FRUIT & Cri.sFECTIONEIiY
W. H. K. FHRiPS,
(No. 88 Broad st.—opposite Redd & Johnson’s.)
w issues to announce that he
H as just received a fresh supply of Candies,
K arvana Oranges, Lemons, Banannas, Northern
Cabbage and Apples,
P reserves. Jellies, Fruits, Vegetables, and Baltimore
Cove Oysters in
H ermeticaily sealed cans and jars;
E nflish Walnuts. Pecans, 8. 8. Almonds, Brazil and
It ayer and Bunch Raisins, Prunes, Currants, Cit
P ickles, Fresh Lobsters, Sardines, Pine Apple, E.
W. and State Cheese;
6 upenor Cigars of various brands, and fine CJiewiap
and Smoking Tobaaco.
TERMS CASH. No memoranda kept.
AT THE ONE pait E CAS!.
DRY GOODS STORE.
140 Bread btieet—Mascuic Building.
Has just opened a magnificent assortment of
FANCY DRTSS GOODS.
purchased at recent New York Auction Sales for Cash
at an immense sacrithe:
5.0(41 yards Fancy Dress Silks at 50c. worth sl.
5.000 ’ “ Biaii\ Snks—ail widths;
50 pieces Printed ait wool Delaines of the very
best quality, at 50 cents per yard;
50 pieces French Merinos—an siiades;
20 •• Union Marino Plaids, splendid quality;
100 Ric h French Robes a’Les—beautiful Goods;
50 Rich French Valencias and Poplin Robes—very
Alaige Assortment cf
FANCY DRESS GOODS,
i Bought at a reduction of 25 per cent., on the price usu
ali paid for such goods:
25 Pieces ARABIAN CROSS OVERS—
Heavy quality and beautiful colorings;
30 pieces POILE deCHE VRE , high colors —
New and choice designs.
15 pieces VALENCIAS—very handsome.
20 pieces COLIMBIAS BAYADERE—
Of highest lustre’
5 pieces ELVIRAS—a new and beautiful article.
10 pieces I’iaid LASTINGS CHENE—
Superior quality and coloring.
Together with other tylesofGoodß
ADAPTED TO A
FIRST CLASS TRADE,
A LARGE STUCK OF FINE
White and Colored Flannels,
AND HOUSE KEEPING GOODS IN GENERAL.
A Large Stock of
Calicoes and Homespuns,
Of every description at very low prices.
CLOAKS, tHAWua £ ND TALMAS,
in great variety.
Buyers are invited to i xa nine, compare and judge
before making their purchases. Remember the address
eJ a rues ]\FcX 3 l iillips.
140 liiiutd Street.
Two Doors below J. B. Stmpper’s.
ONE PRICE ONLY.
Every article markcriat tlie lowest.
Columbus, Ga., Nov. 10, 1858. d&wtf
A full a sortiTunt of Bsjou’s Kid Gloves, opotw
ed this morning* JAJS. AiePHILLiPS,
M 0 Broad .-treet. Masonic Budding.
Planters & Country Merchants.
I J. McPHLLLIPS
I Would call attention of Buyers to ins large stock
l ot Foreign and IDniesiie
As he has a buyer residing in New York, he
I will at a 1 times he prepared to offer goods to the
ITiadetm Cash only) at the lowest New York.
Cost pi ices by trie nai ik package
Plan.ers will find they can save mopev bv bny
j ing theii KEKiaE S, NKGRO BLANKETS,
j fec., from him, his stock is extensive and hie pru
l <vs n uch below ihat ol any other store in the
Gall and see his goods and prices, and thus post
I j ourselves uui n whal you can get lor your mo
! nev and what goods are worth. Remember the
14 i Broad Sueet,
Two doors below J. B. Strapper,
j Oet- o..d.V’w tl.
W. H. SAYRE. A. H. WHITE.
SAVISE & WHITE,
AND DEALERS IN
Pork, Bacon. lard, Flour Butter,
CHGJEJSF, Dril- D FRUiT, &c.
69 ~%7%3 r alnut Stre et
©OM©LKI!KIA c irPp ©&aC© a
Particular attention will be given to the Purchase
and Shipment of all descriptions of Western Produce,
and articles of Cincinnati Manufacture.
November 9, 1858. dlmwCm.
STOVEB, MOKE STOVES!
TUST received and for sale, another large Jot of
toiiki g, IliCr & Parior tovcn.
I invite public attention to the following choice patterns
IRON WIZZARD (for wood) | MELODEON (wood.)
GOLDEN COOK. “ i VIOLET,
EASTERN PREM. “ | OPAL,
PATRIOT, “ 1 WROUGHT Iron “
RELIEF, “ j THEBAN,
DOUBLE OVEN, (for Coal) j Cottage Parlor, . “
PERUVIAN, for wood, j New Cottage Parlor.
’ Also. Sheet Iron Office Stoves, different patterns.
Box Stoves for Stores, See. “ “
i Together with a full assortment of House Furnish
ing Goods. My terms are reasonable, and all goods
sold by rue are warranted to give satisfactionor no sale
nov.l3—dlf It. M. ALDWORTH.
20 Casks Canvassed Hams
ON CONSIGNMENT AND FOR SALE AT,
HU j-KSI >, B ATJI iIL &
November 17, 1858.—dlw.
I ■\TEW Hulled Buckwheat,
!TN Family Fiour—A Choice Article;
HIRAM SMITH FLOUR,
Choice Goshen Butter,
English diary Cheese,
Best State Cheese,
Pine Apple Cheese,
• Cranberries, White Beans,
Large Hominy, Potatoes. Onions,
Pickled Beef, Pickled Pork, Smoked
Beef, Smoked Tongues,
100 Bushels Sweet Potatoes,
Just received by VAN MARCUS.
Columbus. Ga. No\'. 0. 1858.—dtf
Startling- Intelligence for Vox Populi !
PICTURE ALLERY IN FULL BLAST.
HT HE undersigned announces to the citizens of Co
* lumbtts and in fact to all Georgia, that he is now
taking Pictures in as good style as they can be taken
in the “Empire Stale,” either by a foreign or native ar
tist. llis prices range from that much desfiised sum—
fifty cents to ten dollars. And although he does not
pretend to say that he is the test artist in the United
Stales, yet he fears not the result of a comnarison with
those whose reputation is bolstered up by long adver
tisements and pufls of their own manufacture. He
prefers that ladies and gentlemen should judge for
themselves. And if those in want of a good Picture
will call and give him a trial,.he will convince them
that he fully understands tlve modus operands of picture
taking. All he wants is a fair and impartial trial, and
he fears no competition from any quarter.
His Gallery is over Barnard's Store. Broad Street,
where he will lie happy to receive visitors and show
them his specimens at all times.
G. T. WILLIAMS,
Nov. 6—lmd Photographic Artist.
Xn CORDS WELL SEASONED PINE WOOD,
Appply at this office. oct3o dti
ir HITE AND YELLOW ONION SETT*, Jut
received and for *aie by . rn .p„. v
Nov. l£-*dwtf BROOK* CHAPMAIT.