Newspaper Page Text
IA COUKIE
VOL. 2.
AUGUSTA, GEO. MONDAY, JANUARY 7, 1828.
tVEttV »». AND THURSDAY
2 O’CLOCK* P•
Ai Mr
iloYvard'9 Brick Buildims. opposite Mr. Cummins’
Law Building*. M’Intosh Street.
N,.tiee to the debtors and creditors of an estate, Bust be
published for FORTY day"- , r . -y Or-
• Notice that application will he made to the Court
dinar.' for lcvae to sell had, must be published for FOLK
MONTHS.
SAW StSPOB.TS.
RICHMOND SUPERIOR COURT, ?
January, Term, 1826. )
Mitchtl ( t al. vs. Adm'rs of Sam'l Bug?.
By the Court—Although M’Tyre
would not be a competent witness for the
plaintiff in execution, because it is his in
terest to subject this property to the exe
cution in order to releive him«e!f from his
liability for a devastavit. Yet for the
claimant he is a good witness, because,
by the acknowledgment of assets enough,
he mght aid the claimant, and charge
himself. Being therefore a competent
DIRECTIONS.
«hIcs of Lonit and Hcgroes, by Administrators, Execu-
9 nr Guardian?, are required, bv law, to be held on he
firrtTuesdav in the month, between the hours often in the
forenoon and three in the afternoon, at the Court-house of
Jhe county in which the property „ , o
thi sc sales must be given m a public gazette - y | w j inesSf his saying cannot be given m et -
^Notices o'f thr sale of ^personal property must be given in J j^ence.
ac ' 5. The p] a ; n t*,ff having given the exe
cution in evidence and proved that the
negroes in dispute were tlie property, and
in the possession of the defendant’s intes
tate, Samuel Bugg. some 4 or 5 years be
fore the rendition of the judgment, and
that the claimant Wat. A. Bugg, was in
possession of them, claiming them as his
own some-time before the death of his
father Samuel Cugg the defendant’s irtes-
tata, they dosed tnd rested their cause.—•
Upon this the claimant contended that as
the burthen of proof rested on the plaintiffs
in executbm, they had not shown enough
to throw that burthen on him.
By the Court—This Court has no
power to award a nonsuit, after the cause
Upon the trial of an ixrav between a ;>
aintiff
hearth—and Betty vows there isn t a dry
rag about her. It is useless to re ™ (, ' i
strate—for speech itself is suffocated '
the ceaseless splashings and hissings <>
lubricous liquids above and around-
Sounds confound each other—there is a
Toughness in every tone—the voice of joy
Itself grates harshly, and the very sigh o
the lover strikes sensiblv his charmers
nose. All is muck and melancholy an
here we quit. It is impossible to dwell
longer upon a subject that indicates ropes
and opium —Boston Bulletin.
A Meeting »>f the
Board of Managers of the Angus*
_ . ta Auxiliary Bible Society, will
be held on Wednesday next, at 7 o clock, P- M.
at the house of Mr. Joel Catlin.
A. J. MILLF.R,
Recording Secretary.
Jan 3 69 2r
in execution and a claimant, the claimant has the
same right to object to evidence that any other
party would have in any cause; and therefore
the execution must be shewn to him before it is
read to the jury.
The plaintiff in execution, in a claim case, must
produce in evidence both the judgement and exe-
cution. i — ■■ ■ — *
The Comt cannot collaterally inquire into the h nS t „ ihf* jurv, hut mav, if the plain-
regularity or legality ofajudgmcr.t of a Court of ^ pqq );)S failed t'> moke out his case, pm him
competent jurisdiction. _ v ' to elect ei’her a nonsuit ora verdict against
The validity of a grant cannot be collaterally
inquired into.
An administrator is a competent witness for a
claimant, to prove that the property levied on is
not the property of hi« intestate, but not for the
plaintiff in execution in order to subject such
property as assets.
The Court cannot award a nonsuit without the
consent of the party, but may force him to elect
to take such nonsuit,ora verdict against himself
The copy of a bill of ale of persona’ property
recorded before the year 1818 cannot b- given
in evidence. And before the vopy of the record
of a bill of sale recorded since that date cm be
received, when the original is in the hands of the
opposite party, notice must lie given to produce
such original.
Special Jurors may be challenged for cause, Si
ethers put in their stead.
This was an execution obtained hv the
plaintiff against the defendant, and levied
on certain negroes as the property "f "it*
defendant’s intestate, in the hands of Wm.
A. Bung, and claimed by him. But this
claim and issue was made un in order to
ascertain whether the said negroes are the
property of the defendant’s intestate, and
subject to the execution, or the property
of Mr. A. Buocr. And upon the rial of
this issue, the following points were deter
mined :—
The counsel for the plaintiff in exe
DU. GARVIN has
removed bis Office to the new
building, on the corner of Ellis
_ and Elnert streets. All messa
ges left there, or at his residence one door below,
will be promptly attended to.
Jan 3 69 31
GEORGE R. JESSUP,
Offers for sale, at 330 Broad-st.
35 hhds. 1st and 2d quality St. Croix Sugar
2tXtO bushels Liverpool Salt,
100 pieces Hemp Bagging,
100 bags Coffee,
50 bbls. old Ohio Whiskey,
100 do N. E. Rum,
50 do Gin,
30 do Canal Flour,
20 quarter casks Malaga Wine,
20 do Madeira and Teneriffe Wines,
20 boxes Muscatel Wine,
50 do Muscatel Raisins,
10 do Fresh Genoa Citron,
50 do Soap,
50 do Sperm and Mould Candle'S,
50 bbls. No. 3 Mackerel,
150 kegs Cut Nails, assorted.
20 do Richmond Tobacco,
5 boxes do do
Cognac Biandy. Holland Gin, Jamaica Rum,
Shot, Lead, Iron, (fc.
Dec. 20 65 1m
cution contended that the claimant had no
right to he heard in regard to the validity
of the judgment and execution under
which the plaintiff seeks to condemn thh
property, and therefore proposed to read
the execution to the jurv, without show*
ing if to the counsel for the claimant.
Bythf. Court—The claimant is a par
ty to the cause now before the jury, and
has therefore a right to object to ;inv evi
dence offered in the cause, hv which his
interests mav be affected; and the execu-
lion must be shown to him before it is read
to the jury.
2. The claimant’s Counsel objected to
the introduction of the execution, until the
plaintiff should show a good and subsisting
judgment upon which the execution could
rest. The Counsel fi*r the plaintiff con
tended on the other hand that they were
*iot bound to show the judgment, and that
the execution alone was sufficient.
By the Court—Although the claim
Hr.t seldom calls for the production of the
judgment, vet when called for, if must be
produced, because if there be no such
judgement, the execution is a nullity.
3. The Counsel for the claimant then
proposed to inqure into the validity and
regularity of the judgement, averring that
it did not pursue the verd'Ct.
By the Court—The plaintiff has
shown a judgement which is a matter of
record, and the solemn act of a Court of
competed jurisdiction directlv on the
point : and have also shown an execution
founded on this judgment. \ow it I un
dertake to go back behind the judgment I
must necesarilv inquire into us justice and
legality, and to do so must look into the
pleadings and determine whether the ver
dict issuch as th<‘V would warrant. This
would involve me in difficnhies from
which it might not he easy to extricate
invself; for it would be inquiring collater
ally into matters, which this Court could
not do even directly upon a simple motion.
If there he nnv mode known to our con
stitution and laws, to attack the legality or
regularity of a verdict and judgment after
they are recorded and the term passed ; it
must be by some original process to call
the parties in interest before the Court
that the matter niav be regularly inquired
dntn. In England, and those States where
they have a Supreme Court for the cor
rection of errors, this may he done by a
writ of error. lean no more inquire in
to the validity of this judgment in this col
lateral way, than I could into the validity
ol a grant. A grant wonld be considered
good and valid until repealed upon a bill
in equity or a scire facias where the par-
lies in interest could all be heard : and so
also I must consider a judgment ot record,
good and valid until reversed by some re
gular mode known to the law.
4. The Counsel for the claimant pro
posed to prove by a witness, the saying of
Holland M’Tvre the administratar of Sam
uel Bugg, and the defendant in execution,
in order to show, that he as administrator
had acknowledged that he had asses suffi
cient to pay all the debts of his intestate
Samuel Bugg. This was objected to on
the ground that Holland M’Tyre himself
is a competent witness for the claimant, as
he would be testifying against his interest,
and is now in Court and may be tixamin
64
himself. But in 'his case the plaintiff has
shown enough to throw the burthen on
the claimant. If howevei the Counsel
f r the claimant think that the plaintiffs in
execution have not made out their case, he
can res* his defence on such insufficiency
under the charge of the Court upon the
law.
6. The Counsel for plaintiffs, offered
in evidence a Copy of a deed of gift made
hv Samuel Bneg, to his son Wm. A. Bn"?,
which was recorded, before the year IS 18,
but had given no notice to Win. A. Bugg
to produce the original. The Counsel
for the claimant objected to this Copy
from the record on two grounds—1 that
the record is no evidence, and—2d that
no notice had been given to produce the
original.
By the Court—The record is no evi
dence, because there was no law previous
ly tothe vear 1818 making it so or autho
rising the record of bills of sale other con
veyances of personal property. And if
ihere had been, vet a copy of such record
would only secondary evidence and could
not be introduced without notice and refu
sal'o produce the original deed.
7. At the commencement of this cause
i? was proposed to strike from the list of
grand jurors, certain persons for cause and
supply their places with others, so that
each party could strike peremptorily.
fir the Court—The panel of G^and
jurors ough' to be indifferent between the
parties, so that there can be no challenge
for cause. There must therefore be at
least 18 jurors who are free from sucli
objections in order that each party may
capriciously strike. Let those jurors to
whom such objection is made be struck
from the list and others put in their stead
Flournoy &. Reid, for plaintiffs.
Walker & Wilde, for defendants.
A Rainy Day.—Heh* Such dodging
and d< ibhling—such skulking and scam
pering ! The water-gods seem to be af
flicted with a perpetual rheum ; and man,
poor sublunary man, must weave his wav
along through drizzly distilations, wet,
weary and weeping. Within doors, there
is nought but dampness, mildews and chills
—without all is fog, storm and mizzv.
There is no su ishine for smiling citizens
—no dryland for cotton hose and prunel
las. Even the shop-doors close, and gos
sips have all the chat to themselves.—
^rucks and teams lumber heavily along
and continually thundering stun the offen
ded auricle. AH noises seems doubly
heavy—owing, as philosophers say, to at
mospheric density—perhaps tothe peculi
ar acutness, of one’s hearing organs du
ring a season of mist and moisture. Shock
ing times for iron heels upon mucilaginous
pavements—dandiesslip irippling ever the
viscous flaggings—and belles with tall fea
thers sometimes make false steps. There
is a cloud of dulness hanging in the hea
vens like a drenched topsail; the steples
steep themselves in it, and the balconies
bathe their golden balls, sending, scorn
fully the while their superfluous drippings
downward upon mopTng mortals.
The merchant resorts to posting and
the clerk posts to the resort for loungers
all entries look small, except charges to
expense accounts.and the well lighted hall
of the Am-and-heggs hotel. A smell of
soot and column of smother descends from
the chimney ; and the cigar-fume as it
rolls from the good cheek and the puck
ered lip, drops azily into the smoker’s lap.
Vapours refuse to rise—and the steam
from coach-horses floats off horizontally—
and the ken .els exhale dank odours—and
the spouis dribble mournfully—and the
“ week’s wash” is patiently soaking in tubs
and the wlieezv bellows plies spitelull)
agains spluttering greenwood—aud master
Bobbv has caught the snuffles, V <sion is
of little service in weather compounded of
gloom and humidity—the very window-
panes are in tears, and all prospect from
the parlour is at hand. It matters not
the article ofseeing, whether a man shall
sit down in the chimney corner of his city-
kitchen, or plant himself in the piazza oi
his cottage on the Blue Hills—he is envi-
roned with impenetrable thickness, and
overspread with spungy skies. There is
no relief in a retreat to the country—the
Manufacture A T obac co.
rjTJHE undersigned hive for sale, a Consign-
1 mem of VIRGINIA MANUFACTURED
TOCACCO, of various qualities, which they will
dispose of at very low prices.
BRADFORD & MORGAN.
Jan. 3 69 tf
ISAAC II. WALKER,
ATTORNEY AT L * W,
O FFERS his Professional Services to the
Public, in ihe C uit of Common Pleas in
the Citv of Augusta, and in the several Courts of
the Counties of the Middle Circuit.
He inav at all times be found in the Office of
Gen Wm. W. Holt.
jan 3 69 tf
R. HANNA,
PORTRAIT PAINTER,
H AS removed to Mr. J. B. Lafitte’s Board-
ins House, up stairs. The visits of Ladies
and Gentlemen will be thankfully received. It
is not his intention to stay long in this place, and
he would he happy to serve those with their Por
traits who are disposed without delay. His prices
will be moderate. Gentlemen and Ladies from
the country can be waited on and their Portraits
taken at home, if application is made
Dec 27 67 9t
C NAL FLOUR
UST received and for sale, a lot of S'
CANAL FLOUR.
Oct. 22
HALL & HARE
48
NEW FALL & WIN!
<$•
ROBERT MA HARR
No. 162 Broad street,
Has just received, direct from Nets- York,
supply of
Staple and Fancy Gooc
WhichAe offers either by Wholesale or R
low prices.
Oct. 22 43
ORANGES.
S EVERAL dozen barrels of Orange
rior quality, to be had cheap, by ca
Mr. M’Kenzie’s Brick Store.
Dec 27 67
CODFISH, ONIONS, Sfc.
27 Boxes Codfish,
2U00 Bunches Onions,
50 Barrels Potatoes,
100 whole, half, and quarter boxes Freeh
Bunch Raisins,
!5 Barrels quart and pint bottle Porter,
WITH A GENERAL ASSORTMFNT OF
GROCERIES,
For sale by
GEORGE H. METCALF.
Jan 3 69 3t
French Patterns,
F OR Capes, Collars and Half Hdkfs.; La
dies and Infants Caps, Veils, Dresses, Scol
lop and Inserting Trimmings, suitable for Lace
or Muslin work; also, French colored Patterns
for Ladies’ Bead Bags, Purses and Bracelets,
with assorted colored Beads, and Canvas for
working the same.
Also, an assortment of
French Paper Hangings,
150 Reams of Writing and Wrapping Paper
20 Nests Band Boxes,
FOR SALE BY
Carltun, Cook & Knowlton,
249 Broad-street.
Dec. 20 65 tf
JUST RECEIVED,
2 First rate CARRIAGES,
1 TILBURY, on a new and improved plan, a
superior article,
1 Fancy SULKEY,
Also, a complete assortment of
Trimmings and Mountings,
Consisting of Silver and Princes-metals Joint
half and lull plated Body, Dash and Coach Han
dles and Locks; Beading Bands; Patent and
Brussels Carpet; Coach and Gig Harness ; Har
ness, Bridle, Top and Step Leather; real Coch
ineal, blue and black Goat and Roan Morocco ;
Coach Lace; Coach, Gig and Riding Whips, a
large assortment, he. he. he.
THOS. G. HALL.
Jan 3 69 wtf
LAW.
T
HE SUBSCRIBER offers his Services to the
all tunes at the office of R. H. h J W. Wilde
Esqs.
WENSLEY HOBBF.
Dec 13 93 Gt
WILLIAM C. MICOU,
ATTORNEY AT LAW,
O FFERS his professional services to his
friends and the puhlic, in the Court of
Common Pleas of the City of Augusta, and the
several County Courts of the Middle Circuit.
His Office is on Reynolds-street. next door to
Mr. John Woolfolk’s dwelling, and nearly oppo
site the Eagle Tavern.
Dec. 13 63 9t
EDWARD J- BLACK,
ATTORNEY AT LAW.
AY be found at his office on Washington
Street, next door to Mr Micoo’s Dwelling
House.
Dec 13 6 }; tf
M
THE SUBSCRIBER
Has just received a few Cases Gentlemens
Black Beaver Hats,
Of superior quality.
J. BARRY,
203 Broad-street.
January 3 69 3tw
Shoe Thread, Wool Hats,
AND
LEGHORN BONNETS.
Jpst received and for sale by
HENRY H. FIELD.
Jan 3 69 wlm
POST OFFICE, l
Augusta, 1st January. 1828. J
T HE M1LLEDGKVILLE MAIL will hereaf
ter arrive every evening except Monday,
by 8 o’clock; and close every evening except
Saturday at 9 o’clock.
JAMES FRASER, p. m.
Next Lottery.
RHODE-ISLAND
West Baptist Society Lottery.
Was Drrwn Yesterday, and the Drawing will be
received here on the 12th instant.
1 Prize of $10,000
FRESH PERFUMERY,
Cosmetics, Fancy Soaps, Syc.
Carlton, Cook 6c Knowlton,
HAVE JUST RECEIVED
Four Cases, assorted, consisting in part of the
ENUINE Otto of Roses,
JP do do f.ip Salve
Rose and Violet scented Hair Powder,
Persian Otto of Rose Soap
Rose Musk, Jessamine, Violet, Oriental, V ei
uacular and Vegetable Soaps,
Milk of Roses, Almond Paste,
Cold Cream. Vegetable Rouge,
Pearl Powder, Restorative Lotion,
Carbonic Dentrifice, Prepared Charcoal,
Best Cologne Lavender, Rose and Honey
Water,
Essence of Cinnamon, Lemon and Bergamot,
Extract of Rose. Musk and Jessamine,
Fine Pot and Stick Pomatum.
Macassar, Antique and Bear’s Oils,
ALSO,
Prentice’s Celebrated KEPHALIA, for pie-
serving and beautifying the Hair.
Dec- 20 65 tf
i
1
5
10
28
2,500
1,112
1,000
500
100
and
46 of $40, 92 of $20, 1150 of $3,
82SO of $4.
Tickets $4—Halves $2—Quarters $1.
APPLY AT
BEERS’
Fortunate Lottery Office,
No. 241, Broad-Street,
Jan 3 68 tf
DANCING SCHOOL-
G. L. Colmesni! re-
' spectfuilv informs the Public in
general,'that his School is open.
Days of Tuition on every Tues
day atternoon, and Saturday morning. Nig t
School takes place on every Monday and V e
nesday, at 7 o’clock, P- M
There will be
i icm.i>“ " ■ j nesday. at i o clocK, r. .
swamps are all drowned, and e , Practising Party every fortnight, for the progress
converted into quagmires, and rays of 0 ^-j 1 j s g c j 10 j ars —(the next will take place on >a-
lielit from artificial luminaries shrink dis. ] turday evening, the 22d inst.) The quarter is to
maliy into sockets and tallow, John , be paid in advance.
throws his mackerated boot*-upon the I Dtc, 17 W v
miit €Xoo9su
Carlton, Cook 6c Knowlton,
I N addition to their former Stock, have this
day received an extensive assortment of Sea
sonable Goods, consisting in part of
English Thread Laces,
Footings and Edgings,
4 and 5-4 figured ami plain Bohbinet Lace,
Bobbinet Caps, Capes and Collars,
Pillirines and half Handkerchiefs,
Black and white Belt Ribbons.
Black Mode, figured and plain Swiss, Book
and Mull Muslins,
Fine Bird’s Eye and Russian Diaper,
Also, a fresh supply of Hair Braids, Rolls,
Puff and Cluster Curls, he. he.
I res h supplies will be received weekly through
the season.
Dec. 20 65 tx
Howland, \V ard 6c Spring,
Agents for selling
American Manufactures.
CHARLESTON, S. C.
H. \V. 6c S. are receiving (direct from
the manufacturers on commisson)
An Extensive and General Assortment of
COTTON AND WOOLLEN
(Soofcs*
Which will be sold, by the package, at northern
pricecs, for cash or ACCEPTANCES.
Dec. 27 67 3m
NOW RECEIVING A HANDSOME SELECTIt
Fancy Gooti
CONSISTING OF
R ICH figured Swiss Muslins,
Thread Lacos. in variety, width &.p
4 4 and 5 4 plain and figured Bobbinet 1
Black and White Bobbinet Lace Veils
Cashmere and Merino Mantles,
Do do 4 4 Handkerchiefs,
Sattin Levantines, of superior quality,
.Mandarine Sattiu,
English and French, black white silk t.
Rich Plaid Ribbons,
Bobbinett half Handkerchiefs,
Genoa and Lyon’s black silk Velvet,
Thread Edgings, Purling Lace, Gimps,
amboured Muslin Robes,,
G 4 Merino superfine black Bombaz:ue (
1 case 4 4 Linens,
Lawns and Diapers,
Canton and Nankin Crapes,
Black and white Italian Ciape,
Colored Sattins and Florence,
Figured and plain Gross de Naples,
Italian Lustrings-
Mode and black Sattins.
The above with a Large h General Assort
STAPLE AND FA.\j
s»'
Lately received, will be offered at low 71
J. KYU
234, Broad-St
January 3 69 3t’
NEW STOIl
J. P. SETZE,
CORN’ER OF BROAD AND M’lNToSH STTF.!
Has just opened a well selected' Stock f
PLE and FANCY DRY GOODS, com
almost eve y article in that line, all of
will be sold on very low terms for cash
Among which arc the following, t'-'a
4 j4 and 7-8 Irish Linen, in whole ai
"4 Pieces
Irish Sheeting, Linen Cambrics, Long
Cambric and Furniture Dimities
Furniture and Fancy Calicoes and Plaids
Plain and Figured Swiss Muslins and Rot
Cambric, Jaconet, Mull and Book Muslin
Printed, Cross-barred and Striped do
Italian Silk, figured and plain Gross de ?
4-4 black Mode, Sa>in and plain L e vanti
White and black Silk Screes, black Bom!
Do. do. pink, blue, straw h green Florent
Bobinet Lace Veils, Thread and Bobinet
Edgings and Footing
Black Silk Velvet, English siikfc fancy V
Black and white Ita'ian Crape
Canton Crapes and Canton Crape Robes
Black Sincheus, Inserting Trimmings
Pink, white, straw, and blue Crape Leise
Barege, Fancy Silk, and black and scarle
no Shawls
Scarlet figured Ratir.ctt, black Bombazctt
White, red and green Flannels, green Ba
Bird’s Eye and Tabling Diapers
Striped Baraze, h imitation plaid Gros de
Aiuslin Points aud Bands, Tippet, Belt ai
Ribbons
Tapes. Robins and Cotton Cords, Four
Millinet
Tortoise Shell h Horn lucking k. Side Cc
Ladies Curls or Rolls
Clear Lawns, Corset Laces, Hooks and
Steel Bodkins
Bedticking, Apron Checks, blue plaid and
Homespun
Bleached and brown Shirtings, Long Clot
Scotch Homespun
Marseilles Quilts, Rose Blankets
Bang Up Cords, Satinetts and Cassinetts
Flag and German Silk Pocket Handkereii
Black and white Silk Hose
Worsted and Cotton do
Men’s white, black and mixed Lamb’s
long and half Hose
Buck-skin, Ber ; -rer. Dog-skin and Silk, Lad
Gentlemens Gloves
Blue, black and colored Sewing Silks
Blue and white-brownThread
Orel's'and Clark’s Spool and Floss Cotto:
Lace, Pearl and Bone Shirt Buttons
Hemming’s best assorted Needles, Pins am
Black and white Silk Braid
Red and blue Marking Cotton
Hair Powder, Cologne Water and Fire Sc
he. he. he
Also, on the River, a very large collectior.
FRENCH
French Paper Hangings.
ROBERT MAHARRY,
No. 162 Broad-street,
H AS just received a splendid assortment of
the above article, from common to very
fine, which he offers for sale on low terms.
Nov, 5 52 1
Paper Hangings
Of the latest style, direct from Franc
Charleston.
The above assortment of Goods will be c
ed. as J. P. S. will be constantly receiving
supplies from the North.
Nov 19 56 f
A few Trunks of Gentlemen’s best qual
BOOTS,
Slioetees, Dress Shoes 6c Pur
made bv Minard, New York; also, su
Woodstock, Buck, black and colored Horst
and other quality
GLOVES,
Just received aud for sale bv
KICHARD ALLE
222 Broad-si
Cee. 24 66 i
edge cut off