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Columbus daily times. (Columbus, Ga.) 1858-1864, November 19, 1858, Image 2

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(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 demonstration. Judge Benning. 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 Judges.” 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 ting. 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.” Cobb 112. 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. CONCLUDED TO-MORROW. 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 a plan. 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. Coekey. Georgia Legislature. SENATE. 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 —passed. 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 the table. To encourage and aid intelligent youth, to pro vide a suitable corps of teachers; referred to Ed ucational Committee. 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 consideratflfen [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, was passed. 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 constituents. 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 business. 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. HOUSE. Most of the time of the House was consumed yesterday in the discussion of motions for recon sideration. 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 to 39. 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.— Passed. 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.— Lost. To compel Grand Jurors to return offences again Ft the State.—Lost. To compel Justices of the Peace to give SI,OOO bond.—Postponed. 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. Passed. 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 ers. Passed. 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. Passed. 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 nitely. 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. R. G. 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 1,600 bales. 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 ing- in London, the rates for money were unchang ed, but there was an increased demand. The bullion in the bank of England had decreased £520,000. Consols have declined, and were quoted at 91%. At Liverpool, Breadstuff's and Provisions were declining. GENERAL NEWS. It was rumored in England that Lord John Russell would supersede Lord Derby, as Pre mier. The Prussian Cabinet had not yet been perfec ted. Tho news by this arrival is generally uninter esting. [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. DARBY’S PROPHYLACTIC FLUID. A Hows no Rival in Americ A ! R emoves every bad Odo R! II ursts into contagion like a bom II ! Y ields to nothing in supremac Y ! ’8 tand s unrivalfed in its merit’ S ! P oisons elude its gras P ! R emoves rancidity trom butte R ! , O ft'ers cures for sores and burns als O ! P unties the .breath on beauty’s li P ! H ighly benefits and preserves tect TI ! 1 ou ought to have it for your famil Y ! I< ets no malaria escape its contro L ! Acts wjth certainty on all miasm A f C uts short the necessity ‘-[for physi C ! T akes pain from the bite of an insec T l Invites the notice of Literat I I C omes up to the idea of Propiiylacti C ! F lings contagious diseases entirely of F! ets nothing,have color so beautifu JL ! IJ se it freely and you’ll ’tind thisFi U I Id more wonderful than feats of Mag I ! DARBY’S PROPHYLACTIC FLUID Manufactured only in the Laboratory of J. DARKY, Auburn, Ala. From which, or Harrell, Risley Kitchen, No. 76 Barclay street N. Y. it may be ordeied. FOR SALE IN COLUMBUS BY BROmKS &. H PM.4N, J. a. PEM lERION is. CO. DANF-’KTH, NAGEL. & CO. D. YOUNG. ssor John Larbi is so well known as a sefen title gentleman throughout the Bouth, thaiit is only netes sary to know that he is the peparer of tbi- Flu and, lo leel assured there is no quackury about it. s*t p,. 9w v t.C>m Holloway’s Pills —Emaciation and Prema ture decay, slow and life destroying fever, and the chronic consequences of neglected symptoms of disease, may be expelled even at the eleventh hour, by a few doses of this sterling medicine. It acts as an alterative as well as a purifier of the blood, and may be safely taken by females as well as by children of all ages. a t the manufactory, No. SO Maiden Lane, New Y’ork, and by all Druggists, at 25c., 63c., and $1 per Box. novl2dwlw WOOD’S HAIR RESTORATIVE. Almost every body has heard of Wood's Hair Restorative. That the word Restorative in this case is no misnomer, we have the testimony of individuals whose elevated position in the country 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- : duced. 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 grapher, says— “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 ’ sonted.” 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 indigestion.” See Advertisement. novl2—lwdw. COMING ! ORTON & ORDER’S Great Southern Circus and Performing Animals. 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. Grand Concert! 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. ELLIS. Auctioneer. 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. COLUMBUS BR.UG- STOHE, , 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! KEROSENE! 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. NOTICE. 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. FOR SiiLt?, A [DESIRABLE RESIDENCE in MWynnton. Apply to 50v.16-dtr. CiUV. T. SHEPHERD. new’ FRUIT & Cri.sFECTIONEIiY STORE.: 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 Cocoa Nuts; It ayer and Bunch Raisins, Prunes, Currants, Cit ron. Crackers; 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. BOVl3—d6ra. SILKS, SHAWLS, AND DRESS GOODS JCT RECEIVED AT THE ONE pait E CAS!. DRY GOODS STORE. 140 Bread btieet—Mascuic Building. JAMES) nroWLUPS Has just opened a magnificent assortment of SILKS, SHAWLS 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 choice. ALBH. Alaige Assortment cf FANCY DRESS GOODS, IKISW ©VT/ILE©,, 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, Also, A LARGE STUCK OF FINE EED„ BLAMKETS, 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 iMB SMWiSS, A full a sortiTunt of Bsjou’s Kid Gloves, opotw ed this morning* JAJS. AiePHILLiPS, M 0 Broad .-treet. Masonic Budding. IMPORTANT TO Planters & Country Merchants. I J. McPHLLLIPS I Would call attention of Buyers to ins large stock l ot Foreign and IDniesiie DRY-GOODS, 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 l South. 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 | addiess, JAMES McPHILLIPS, 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, Commission Ulrrtjjants, 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. FRESH SUPPLIES OF 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 LOOK! LOOK! 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. ~WA3STTED, 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.