Newspaper Page Text
VOL. 3.
AUGUSTA, GEO. THURSDAY, JUNE 5, 1S2S.
NO. 9.
rUIiMSnKDJEVERY MONDAY AND THURSDAY
AT 2 O'CLOCK. P. K.
A* Mr- Howard’s Brick Buildings, opposite 2tfr. Caniraings
Law Buil<!iog«, MTntoth Street.
*-
DIRECTIONS. -
Sales of Ijand and fitgrot* t by Administrator*, Execu
tors, or Gnardians, arc rcquirc ir by law, to be held on the
first Tuesday in the month, bittw6cu >ho hours often in the
(orenoou and three in the afternoon, at the Court-house of
the county in which the property is situate.—Notice of
there Biles must be given in a public gazette SIXTY days
previous to the day of sale.
Notices of the htiIc of personal property must be given in
like manner, FORTY days previous to the day of sale.
Notice to the debtors and creditors of an estate, must be
pufiH*hcd for FORTY days-
Notice Uia? application will be mode to tty? Court <>f Or-
diuary for ievac to sell laud, mud be published for FOUR
MONTHS.
AW R. I»Oi%T
COLUMBIA SUPERIOR COURT, (
January Term, 1828. j
Evans vs Lampkin.
.1 ilcoi*ei of tnnU. io Mu. mLIe-oMrtZ'
e- against Ihe executor, though an heir is not, un
less there hr. debts to pay, and the emhltments are
wauled Io’ that purpose, in u-luch cast they will
f,i : as.,, !<■ m the hands of the executor for that pur-
p°sr
The. devisee of land is entitled to the emblements
as against the residuary or any other legatee, un
less Ihrr.' he words in the will, which clearly gv to
-chid the presumption of law in favor of the devi
see of the land.
This was an action of trespass quart
clausum fre git, and the facts were these':
Caty L. Jennings, by her last will and
•estament, devised certain lands to her
laughter, Jane Evans, the plaintiff’s wife,
.uni bv anotlior clause of the will, gave
“ all the residue of her property', of what
soever kind it may be, either real or per
sonal, to her great-grand-son, Augustus
Lampkin; but if ho should dio before ar
riving at twenty-one years of age, or with
out having legal heir or heirs of his body,
then to go to the heirs of the body of Jane
Evans.” The testatrix died in July or
August, leaving a stand-ins crop of Corn,
Cotton, &,c. on the land.! devised to Jane
Evans. Immediately on her death, the
plaintiff took possession of tho premises,
and the defendant, who is the father and
guardian of Augustus Lampkin, and also
one of the executors of Caty D. Jennings’
will, entered and "nthered ihe cron, and
appropriated it to tho uso of Augustus
Lampkin, his son and ward. No mention
was made of the crop or emblements in
any part of the will.
At the trial before a special jury, a ver
dict was found for the plaintiff for the sum
of ,-$208 and costs, whereupon die defend
ant took a rule, calling, on die plaint iff to
shew cause why a new trial sh.ould not be'
granted on die f»llouiL»g gitninifs, VIZ r
1st. That tho verdict is contrary to
hiw—die principle of law being iliat a de
visee of lands is entitled to the emble
ments onlv in those cases in which there is
no bequest to any other person which will
carry diem.
•2nd. That the presiding Judge misdi
rected the jury by saying that the devisee
of lands is in till cases emided to the em
blements, unless shore arc positive restric
tive words in the will to show that die
testatrix did not intend that the emble
ments should go with the laud; whereas die
law is that the devisee takes the emble
ments only in those cases in which there
is no personal bequest that will apply to
die emblements.
3rd. That the verdict is contrary to the
justice and equity of the cause.
The cause was argued by Mr. Carey
and Air. Reid, for the plaintiff, and by Mr.
Glascock and Mr. G. J. S. W alker, for
die defendant.
By the Court.—The law, in regard to
emblements, is somewhat arbitrary, for it
is a settled rule that the devisee of land
shall hold die emblements as against the
executor, though (lie heir cannot, and
where there is no devisee the emblements
will go to the executor—Har. Colttt, 33,
6. time 363. This distinction is said to
have been taken upon tho presumption
that it was tho will of the testator, that he
who takes the land should take the crop
with it, because every man’s donation shall
be taken most strongly against himself.—
This distinction, though without any good
reason to support it, is -now the settled
rule of law ; but as it is founded on pre
sumption only, this
rebutted bv any words that show an in
tention in die testator that the emblements
shall «*o to the executor, or to another.—
Cox v. Godsalve, 6 East. Rep. 604 in
note ; West v. Moor, S East. Rep. 343.
It is admitted that the defendant can
not claim these emblements as executor
against the devisee, because there aro no
debts to pay which will require them as
assets for that purpose, and therefore the
only question now to be determined, is,
whether the bequest to Augustus Lamp-
kin will rebut the presumption of law in
favor of the plaintiff, (the devisee), and
carry the emblements to the defendant s
ward, (Augustus Lampkin) ? In the case
of Cox v. Godsalve, Lord Ilolt gave the
emblements to tho devisee of the personal
estate, instead of the devisee of the land,
opon the ground that the testator, devised
to him “ all his goods and chattels, plate,
and house-hold goods, stock of his farms,
and all other his moveables whatever—
And-in the case of West v. Moor, Lord
Ellcnborotigh did the same upon the au
thority of Lord Holt, upon similar words
in the bequest, viz : “ The stock on my
farm," though he declared he would have
decided otherwise, but for that case, be
cause ho thought stock on the farm meant
moveable stock. Without stopping to
inquire into the reason or propriety of
these decisions, let us see if they can hear
on the case under consideration. In both
those cases, the devise was of all the tes
tator’s personal estate, stock on farm, &c.
&c ; and, as emblements are for many
purposes personal estate, the Judges th.At
such bequests of all the personal estate,
stock on the farm, &c. were sufficient t0
rebut the presumption of law in favor of
the devisee of the land. But in the case
now before me, the defendant’s ward is
only the residuary legatee, and can tako
nothing that was otherwise disposed of,
either by special bequest, or bv operation
of law. He is not the devisee of all the
personal estate, because several legacies
are given to other persons, and there is
nothing said about the stock on ihe farm,
nor are any otliei words used which would
go to show an iuten ion in the lestairix to
give the emblements to Augustus Lamp-
kin. The presumption of law, therefore,
being in favor of the plaintiff, and no cir
cumstances appearing on tho will to rebut
this presumption, I am of opinion that the
verdict is right, and therefore must refuse
to grant a new trial. New trial refused.
Carey,* Re-id, for plniniiff.
Glascok, G. J. S. Walker, fordefend’t.
Assassination of Maj. Laing and Capt.
Clapperton.—It is with great concern
that we state there is no longer any doubt
with respect to. the fate of these ontepi i-
sing, persevering, but unfortunate travel
lers. They have belli been murdered.
The Pascha of Tripoli has received let
ters from one of his officers in the interior
of Africa, communicating the painful intel
ligence.
L appears that Major Laing was se
verely wounded by robbers in the terri-
of Taualt. Having, hewever recovered,
in consequence of the kind attention of a
marabout, or priest, he at length succeed
ed, in reaching Timbuctoo. But he
had scarcely arrived, before the F nilahs,
that powerful and warlike horde which at
present reigns exclusively over the im
mense deserts of central Africa, came, to
the number of thirty thousand, and de
manded that Major Laing should be de
livered up to them, that they might put
him to death ; “ and thus,’ as they obser
ved* ‘ prevent Christian nations from re
ceiving sech information as might enable
them, at some future period, to penetrate
into arid enslave tne countries of Africa.’
Before the arrival of the Foutah?, twenty
four chiefs, among whom was a female
called Nana Bcira, (Princess-Mother)
commacded simultoncously in Timbuctoo.
One of these chiefs of the name ef Oth-
inttn—Vouid-Aboubeklir, had received
Laing into his house, on ihe recommen
dation of the Sheikll-Mohktar, whom he
l._J —r. .. .-<v e .. ii.itmg csbupuu ure
daggers of the Hangars.
When ihe Faulahs presented them
selves before Timbuctoo, and demanded
Maj. Laing’s head, his escaped at night
escorled by several servants, who were
supposed to be trustworthy. It unfortu
nately happened, however, that one of
them, of the name of Rehiiel, had been
bribed by the, Foulahs; and this fellow
not only delivered Maj. Laing into their
hands, but gave him the first of the stabs
under which he fell. Every body knows
the praises which Denham and Clapper-
ton, in their narrative published two years
ago, bestowed in the Sultan Bello, the
reign of these very Foulahs, who has just
assinated Laing and Clapperton himself.
It was a relation of the Sultan Btdlo’e,
Alihmed-Labbou, who repaired to Tim
buctoo, on the arrival of Maj. Laing.—
After having accomplished his immedtate
object by the assination of our biave friend
he destroyed the obligarchy in Timbuctoo,
and established as the sole governor of
the city, the very Othmau-Veuid-Quaid-
Abaubekhr, whom we have already men
tioned. Poor Clapperton was murdered
at Sakatoo, the ordinary residence of the
Sulton Bello; notwithstanding the kind
reception which he had experienced from
Sulton on his first visit. This double
perfidy of the African Prince, by whom
these sanguinary acts have been either or
dered or committed, and that after having
shown so much attachment to the En
glish, appears to have simply owing to
the distrust created in hts mind by cer
tain individuals, who represented our un
fortunate countrymen as spies sent for
the porposc of ascertaining \ ‘
of facilitating the conquest of this country.
(London Paper.
Coach <AIaking and Repairing.
T HE Subscriber having taken the CARRIAGE SHOP, lately occupied by Mr. NATHAN
LEEDS, in YVashington-street. between Broad and Green streets, respectfully informs his
friends and the public, that he will carry on the above business in all its branches, and keep con
stantly for sale,
Coaches, Gigs, Sulkeys, <fcc.
Of the best matei ials and most faitiful manufacture. He will build to order, and repair at the
shortest notice, having faithful and complete workmen. He hopes to be able to give general satis
faction, and share a respectable portion of public patronage.
JESSE THOMPSON.
April 2S 102 tf
"EAGLE TAVERN".
A. R. RALSTON & JOHN B. HARN,
present occupants to offer their patrons all the comforts and eonvenknices whic.i ar^^ ^
in any similar establjshment in insT2,trne'tnne tfiat its location affords a quitff
retirement from the busy bustle of Broad-street. . _
EF A large new Stable, capable of holding 200 lorscs, offers its accommodations to Drovers.
April 24 ^ 101 ,m
MANSION HOUSE,
CAMDEN, (S. C.)
ROWLAND’S HOTEL,
GREENVILLE, (So. Ca.)
T HE Subscriber lias located himself in this
place, and has a large and commodious
establishment for the accommodation of Travel- m jjg public are informed, that the subscriber
lers He hopes by his assiduity and attention, to X has opened a new HOUSE OF ENTER-
promote the comfort of those who may favor him fAINMENT, under the above title, situated on
with their patronage. Families can be accom- Broad-street, and adjoining the Court-house on
raodate;'in the most retired manner, if required. t h esou th where travellers and others will find
His chambers are large and airy, and command ev acc0 mmodation usual in the best’houses of
a most beautiful prospect. His stables are roomy ,j, c i[ind.
and will be v eil supplied. JOHN MAC COLL
W. T. ROWLAND.
103 lOt May 8 1 lm
May 1
F
CONVEYANCE OF SOUND.
The widespread sail of a ship, rendered
concave by a gentle breeze, in a singu
lar collector of sound. It happened once
on board a ship sailing along the coast of
Brazil, 100 miles from land, that the per
sons walking on deck, when passing a
particular spot, always heard most dis
tinctly the sound of bells, varying as in
human rejoicings. All on board listened
and were convinced, but the phenomenon
was mysterious and inexplicable. Months
afterwards, by comparing notes, it was as
certained, that at the time of observation
the bells of she city of St. Salvadore, on
the Brazilian Coast, had been ringing on
ihe occasion of a festival; the sound,
therefore, favoured by a gentle wind,
had travelled over one hundred miles of
smooth water, and had been brought to a
focus by the sail in the particular situation
on the deck where it was listened to. It
appears from this, that a machine might
be constructed having the same relation to
sound that a telescope has to light.
ON A LADY.
A great Card player, who married a Gardener.
Trumps ever ruled the charming maid,
Sure all the world must pardon her;
The destinies turned up a spade-v
She parried John the Gardener.
T
? one
hE Steam Boat Company’s Packet Boat,
NOTICE,
OURmontis afterdate application will be
made to tbe Honorable the Justices of the
Inferior
for ordinary purposes, for leave to sell all the
real estate of the late Richard Bush, dec.
L1TTLEBERRY BUSH. Admr.
April 21 IO®
."““Stp-T standing Committee of Council
upon the best and most approved plan, will ply
regularly, leaving Augusta every Saturday mor-
for t te ensuing year:
ningTat* 8* o’clock andSavannah every Tuesday ACCOUNTS-Messrs. Bones. Harper,
afternoon at 4 o’clock. No care or expense has KJ and Deluigie.
Thomas, Bones and
AUGUSTA INSURANCE
AND
BANKING COMPANY.
T HE Stockholders of this Institution, are re
quested to present the origiual Certificates
of Stock at the time of paying the Instalment,
required on the 9th of June next.
Transfers may be made in the Books of the
Company, on application to the Secretary and
Cashier. Tbe office wil be open on and after
This Day, in the Building known as Cumming’s
Piazza, (south end) M’Intosh-strect. Office
hours from 9 to 2.
ROBERT WALTON,
Secretary and Cashier.
June 2 8 tf
TO PLANTERS.
O N Consignment, from Columbia, So. Ca., a
a few of Mr. Boatwright’s improved and
celebrated COTTON SAW GINS. They arc
wa, ranted, and will he sold at the manufactory
cash prices, viz §2 oO cents per Saw. Those
on hand are from 30nn c ~— • £»..•<■,» »»H1 be
TTceivctrar.il executed for any size.
PAUL F1TZSIMONS.
Augusta, June 2 8 tf
JUST RECEIVED,
AND FOR SALE BY THE SUBSCRIBER,
50 barrels Baltimore Flour,
59 half barre s Canal do.
37 bags Shot, assorted sizes,
4 hhds. prime St. Croix Sugar,
5 do. Molasses,
20 barrels Giu,
8 18 gallon casks Malaga Wine,
10 barrels first quality green CofTep,
6 do. Loaf Sugat,
8 kegs Nails,
4 crates Crockery,
10 pieces Osnaburgs,
5,000 il>s. vtfry superior Bacon.
H. WESTON,
No. 144 Broad-st.
June 2 8 tf
FAMILY FLOUR,
Just landed and for sale lore.
45 boxes Claret Wine,
40 half barrels Canal Flour,
30 barrels Fresh 'o. 1 Mackerel,
10 Thousand Spanish Segars,
8 qr. casks Sheiry and Tcneriffe Wines,
20 dozen superior Port Wine,
A few half barrels Neats Tongues.
In Store, a complete assortment of
CHOICE GROCERIES.
N. B. MOORC,
(202 Broad-street.)
June 2 8 3t
Beach-Island Corn.
1000 Bushels Beach-Island Corn, land
ing this day, and for sale by
JOHN N. PHILPOT,
3 iio—- i — , o«j thf* riij. u-**'
* -tune 2 « 2 *
LAW, BEVRIDGE & Co’s
Stock Beer,
Now landing from Boat Augusta.
A few Barrels of the above article, put up for
summer use, and just from the Brewery, &.
will be sold on accommodating terms.
HALL & HARDIN.
May 5 104 tf
Boot «$• Shoe Making,
fPHE undersigned having taken into co-par:-
X nership, .Mr JOHN CREMORE, (who is
considered ouc of the best workmen in the coun
try,) tbe Boot and Shoe Making Business will,
in future, be carried on under the firm of J W.
BRANTLEY & Co. They have permanently
situated themselves opposite the iower marker,
where tbe above business will be carried on iu ali
its various branches. They arc determined, if
possible, to gire general satisfaction ; and with
out accidents will disappoint no customer. That
branch of the business commonly called Cobbling,
will be done by one or the other oflhc firm, and
finished iu the best possible manner, at reduced
prices.
J. W. BRANTLEY.
June 2 8 4m
SELLING OFF AT COST.
T HE subscriber, bciug about to return ti
the North, will close his business in this
City, by selling the remainder of his Stock of
Fur and Wool Hats at cost—and less than cost
for common quality.
His Stock having been furnished direct fron.
the Manufactories in New-York, are in good
order, and can be sold, at wholesale or retail,
at the New-York prices, for cash or town ac
ceptances. Country Merchants and Town cus
tomers will do well to call and supply themselves
at low rates, with the'above article.
CALVIN SMITH.
May 19 3t 4
SETTER DOG
F OUND on the Savannah Road about two
miles below town, a young Setter Dog,
white and yellow, and appears to be but a puppy.
Theownei can have him by paying for this ad
vertisement.
June 2 8 3t
Molasses 4$* Whiskey.
Landing this day from the Steamboat Hamburg,
50 Hogsheads Molasses,
30 Hogsheads Baltimore Whiskey, and wi 1
be sold on the most liberal terms, for approved
paper. KERRS & GRAHAM:
Oct. 29 50 tf
been spared to render her a first rate passage On Streets and Lamps-Messrs. Phinizy, Ben
Boat. Her accommodations are spacious,com- noch and Danforth.
fortablc and elegant, in every respect; and from On City Hall Messrs
rr -
Ddaigle, Harper and ShU-
BoatCoa, e p*l’yT(Mcc’fnthe P Wbarf 1 or lo the On Puny,,—Mors. McCooiobs, Shelton and
Captain on Board.
May 13
R. WOOD, Agtnt.
2 tf
Cypress Shingles.
Benaoch.
On Market—Messrs. Phinizy, Thomas andMc-
Coombs.
On Magazine—Messrs. Shelton, Harper and
Delaigle.
On River Bank and Wharf— Bennoch, Bones
~ .. _ and Danforth. .. „ , ,
T HE subscriber is prepared to furnish any On Drains Messrs. Danforth, McCoombsand
number of Shingles, of any length that may pj,j n ; zv
be desired. Orders left at the stores of Mr. Jesse On Health Messrs. Harper, Danforth and
Kent, Mr. N. K. Butler, or with the undersigned, g oncs _
will be duly attended to, and the Shingles deliv- Police Messrs. McCoombs, Phinizy and
ered in any part of the city specified. Bennoch.
THOMAS TANT. Published by order of Council
- 1 3tw f q£q WALKER, Clerk.
May I 103 3t
NEW
DRUG & MEDICINE
STORE.
No. l6l Broad-street,
Second door below the City-IIotcl, Augusta, Geo.
JAMES LEVERICII,
R ESPECTFULLY informs his friends and the
public in general, that he is now receiving,
from New-York, Baltimore and Philadelphia, an
extensile assortment of FRESH DRUGS and
MEDICINES, together with a large supply ot
Paints, Oils, Dye Stuffs, Hatters Materials, Win
dow Glass, fcc.—among which are the following:
White Lead, in Oil, pure, (warranted,)
Do. do. best No. 2,
Do. do. Dry,
Verdigris, Dry and in Oil,
Spanish Brown, Dry and in Oil,
Yellow Ochre, ,, ,, ,,
Chrome Yellow,
Prussian Blue,
Red Lead.
Linseed, Train and Lamp Oil,
Of superior quality.
ramt BTUSirei, orair Kinds ana sizes.
Flesh Brushes.
Tooth „ Silver Wire,
White Wash Brushes, assorted,
Shaving ,,
Velvet ,,
LAMP GLASSES and LAMP WICKS assor
ted sizes.
SURGEON’S INSTRUMENTS, of all kinds.
FRESH CONGRESS WATER,
In quart and pint bottles.
Together with a full assortment of other arti-'
cles usually kept by Druggists, all of whish will
be sold at the lowest Wholesale prices, and on
the most reasonable terms.
(J3» Physicians, Country Merchants, and oth
ers, are invited to call and examine for them
selves.
N. B.—A constant supply of Shop Furniture
kept on hand.
March 13 89 3m
A Horse and Gig for »aie,
ENQUIRE OP
May 26
WILLIAM POE.
6 2t
Auction Prices,
AT PRIVATE SALE.
Carlton, Cook & Know!ton,
D ESIROUS of closing their business for the
season, are selling off their entire Stock of
Goods at New-York Auction cost.
May 6 - 104 tf
T
COLD AND WARM
BATHS.
HE subscriber has been at considerable sx*
pense in preparing, at the Hamburg Springs,
the means of furnishing Cold or Warm BA THS.
He has now the pleasure of announcing to the
puidic, that they are in complete order; and be
sides, in addition to the facility of Bathing and
their good water, these Springs will afford in fu
ture, all the pleasant refeshments usual at such
places of public resort.
JONATHAN T WATERS.
MaT 29 7 3t
Soda Water.
A FOUNT »IN of the above highly refreshing
and healthy beverage, has been opened by
the subscribers, at their office, No. 241 Broad-
street, where water o' the best quality, and well
cooled, will be served at all hours of the'day and
evening.
Magnesia, Rochelle, and other medicated wa
ters, will he furnished at the Fountain.
B. D. THOMPSON.
J. S. BEERS.
March 27 »3 tf
Fire Insurance.
T HE Ageucv of the Hartford Fire Insurance
Company is removed to the Store of J. it
W. Catlin, No. 199 Broad-street, where the sub
scriber w ill continue to take Risks against Fire,
JOEL CATLIN.
May 6 104 9t
ISAAC It. WALKER,
attorney at law,
O FFERS his Professional Services to tho
Public, in the Com t of Common Picas iu
the City of Augusta, and in the several Courts o
the Counties of tho Middle Circuit.
He may at all times be found in]ths Office of
Gen. Wm. W. Hoet.
Jan 3 69 tf
May 12
LAST NOTICE.
I take this method ofin forming those indebted to
the subscriber, thift unless they call speedily .
and liquidate their accounts, they will find them
notice.
E. B. CRANE,
O FFERS for sale, at his old stand, corner of
Reynold and Washington Streets, SUL
KEYS, GIGS, BAROUCHES & CLOSE CAR
RIAGES, of various descriptions, at prices and
LL Persons having demands against the „ ; out erms
. ^tate of the Rev. John Leverman, late of
in the hands of an attorney . I owe money and Richmond County , dec.as* requested to present
it must be paid! Now, ten per cent- on what is them and a] , indeb ted to said estate, to make un
due me, would pay all I owe and leave me com- ,j, ed i ate payment to _
fortable DANIEL S. ROM AIN,
WM. SAVAGE. Qualified Executor.
Feb. 4
81 tf
April 24
w4m 101
Persons wishing to order Carriages wiilpleasc
call as above, where they will be attended Ao-un-
til the 10th of May, after which time, until the 1st
of November, orders forwarded to E. B. Crane,
Newark, New-Jersey, will be thankfully received
and faithfully executed.
April 24 101 V
LAW NOTICE*
T HE subscriber begs leave to i.iform his
friends and Clients, generally, that not
withstanding his removal to Aug sta, ac will
still continue to practice in the Courts of Edge
field and Barnwell Di tricts. and with that view
seu established an office in the towu of Hamburg.
THOS. GLASCOCK.
QDt. 22 48 tf
ICE ( IiE \>I,
SODA WATER If MEAD.
I CE CRE AM may be bad at the subscriber’s
every day in the week, from 11 o’clock, A. M.
till 10 o’clock, P. M. SODA WATER & MEAD,
at any hour of the day.—AY here W also kept an
excellent assortment of CONI EC TIONARY.—
Families can be supplied with Ice Cream in small
quantities, by application at the Store, and Par
ties can be supplied with ar.y quantity at short
n ° tlCC MARTIN FREDERICK.
June 2 ®
Brought to Augusta Jail, (Geo.)
O N the26th May, 1828. a Negro man, calls
himself JAMES, says he belongs to Alex
ander McKeever, of Liberty county, Georgia—
He is chunky bnilt, dark comjftected appears to
be about sixty years old, soniewhat poek-marked.
Owner is requested to come forward, comply with
the law, and take said negro away.
H. FRAZER, Jailor R. C.
. ^Satmnanh, May 24 ? 3i