Newspaper Page Text
VOL. 3.
r ,... KV MONDAY AND THURSDAY
PUBLISHED E'Efti
aT 2 O'CLOCK. V. IK.
.. rird'9 Brick BuiMinps, opposite Mr. Cummingt'
At Mr. Howard^ BuU(linfll> M’lntosb Street.
KIRKrTlONS.
t; Ie« of Raid and Regrors, by Administrators, Execu-
,„r Guardians, are required, by l»w, to be held on the
nrAt Tuesday in the month, between *6“ hour, of ten irr the
/„renoon and three in the afternoon, at the Court-house of
,be county in which the property i. Aituate.-Not.ce ot
!he!c sales must be, given in a public gazette SIXTY days
nrevioua tothe day of sale.
Notice* of the sale of personal property must be given in
like manner, FORTY day. previous to the day of sale.
Notice to the debtors and creditors of an estate, must be
published for FORTY days. . n
Notice that application will be made to the Court of JT
dinary for levac to sell hind, must be published for FOLK.
AUGUSTA, GEO. M»NDAY, JUNE 30, 1828.
NO. 16-
LAW REPORTS.
RICHMOND SUPERIOR COURT, ?
"7. S
May Term, 1827
Greenwood, et. al. its. Twiggs, et. al.
Where executors are made parties by consent to
a cause in equity, and then agree to submit the mat-
ters'in dispute to arbitration, they cannot upon the
coming in of the award, object to its being made
the judgment of the < ourt, on the ground that they
were improperly made parties.
Where all matters in dispute between the parlits
art referred, the arbitrators have authority to take
«into consideration entry thing which is laid before
them; and if either party withholds any matter,
he cannot afterwards recover on it.
Arbitrators may call in the umpire, either before
or after they proceed to business.
In equity the Court may decree for a defendant
as well as for a plaintiff.
This was a motion made by the com
plainants to have an award returned in this
cause, made the docree of the Court.—
The cause in which the award was made,
was a bill on the equity side of this Court,
brought by the complainants against the
defendants, for the purpose of procuring a
settlement of the estate of General John
Twiggs. Both parties wereheirsand le
gatees under the will of the said John
Twiggs. The principal object of the hill
was to obtain from Abraham Twiggs, one
of the defendants and executors, an ac
count and payment of the rents and profits
of certain wharf property situated in Sa
vannah, which was the property of Gnn’l
Twiggs in Iris lifetime.
Before the bill was answered Abraham
Twiggs Hied, aud his executors, Mrs. Eli
zabeth Twiggs and Gen’l W. YV. Mont
gomery, were made parties in his stead,
without objection on their part; and both
parties agreed to refer the matters in dis
pute between them, to the arbitrament
and award of John S. Holt and Augustin
Slaughter, with power to choose a third
person before they proceeded to business;
which agreement vas made a rule of
Court. Under this rule no award was
made, and at the next term of the Court
the rule was enlarged with some additions,
whereby the arbitrators were required to
take into consideration a certain deed ot
agreement, entered into between the par
ties, in regard to the wharf property in
Savannah, and to settle all matters in dis
pute between them. Under this last rule
the arbitrators met, and upon investiga
ting the matters in dispute, were unable
to agree, and then appointed John YV.
AVilde the umpire between them, when
they made and returned the award which
the complainants now move to make the
judgment of the Court.
This motion was resisted by the defen
dants, the executors of Abraham Twiggs,
whom the award principally affects, on the
several grounds, to wit:
1st. That the executors of Abraham
Twiggs could not legally he made a party
to the bill, because their testator was sued
as executor of John Twiggs, and that up
on his death, the suit survived only against
his co-executor, George Twiggs.
2dlv. That matters not embraced in the
bill were taken into consideration, and
determined by the aibitrators.
ddly. That the arbitrators did not pur-
suo the rule of submission, forasmuch as
they did not call in the umpire before they
proceeded to business, but after they found
that they could not agree.
•lthlv. That by this award nothing is to
be paid to the complainants, but the exe
cutors of Abraham Twiggs are required to
pay to George Twiggs, one of the defen
dants, five-sixths of a certain sum, when
by the bill he demands nothing. These
were the principal grounds taken, though
many others were incidentally noticed in
the argument.
By the Court.—-1st ground. YVhether
the executors of Abraham Twiggs were
properly or improperly made parties to
the bill, is a matter into which I cannot
now inquire ; for, although parties impro
perly brought before the Court may be
struck out, even at the heariug, yet the
cause has been heard by the arbitrators
and determined by tffetn, and is not now
before the Court. Upon this point, there
fore, I give no opinion ; because the on-
,ly matters into which I can inquire, are
such as relate to the award itself.
2dly. The second is not true in fact,
because the bill embraces and refers par
ticularly to the rents and profits of the
wharf property, which had been received
by Abraham Twiggs. But even if this
were true, yet the submission expressly
embraces this matter aud refers to the
deed upon which the awa*d was made,
and the rule submits all matters in dispute
between the parties. This was a matier
ki dispute between the parties at the time,
and was included in the matters referred,
3nd therefore properly taken into consid
eration by the arbitrators.—See the case
of Smith vs. Johnson, 15 East. Rep. 212.
3dly. The third ground is untenable
Jt matters not in law, or according to rea
son and common sense, whether the ar
bitrators call in the umpire before or after
they proceed to business.—2 Ter. Rep
*44.
Athlv. The fourth ground is not sup-
Dorted by any rule of equity known to this
Court—because, in equity a decree m»y
he made as well for a defendant as for a
com*!ainant, and in this case the award is,
in fact, in favor of the complainants, and
also in favor of some of the defendants.
At common law submissions to arbitra
tion were entered into by a rule of Court
when a cause was pending in Court.—2
Burr. 701. But the statute of 9 and 10,
YY r m. 3 Ch. 15, Sch. Dig. 302, authorizes
such submissions, as well in cases on
which no action has been commenced, as
j in tho>e already depending in Court, and
declares the manner in which awards
made under such rule shall be enforced,
to wit: By attachment for contempt, &c.
The act of 1799, (Prin. Dig. 212) makes
no alteration in the English law, except
in regard to the mode of enforcing awards
made in wses where a suit was pending
in Court; and now, in nil such cases, the
award is made the judgment of the Court,
and enforced by execution instead of at
tachment. But this act does not extend
to cases which were not pending in Court
previous to the submission, and therefore
awards made under such submissions, can
not be made thq judgment of the Court,
but must be enforced by attachment, as
directed by the 9 and 10 YVm. 3 Ch. 15.
Objections to an award are of two
kinds : 1st. For matters extrinsick the a-
ward, such as corruption or undue means;
and 2dly, for matters apparent on the
face of the award itself; and for neither
cause can it be set aside, unless applica
tion be made to the Court for that pur
pose within the time prescribed by the
statute—7 Ter. Rep. 74,1 East. Rep. 276.
But although the Courts cannot set aside
an award, either for matters extrinsick or
intrinsick, the award after the time limited
by the statute has expired, ye: when an
award carries on its face that which goes
to its destruction, the Courts will lefuse
to enforce its performance by attachment
or other process—7 Ter. Rep. 74. In
cases under our statute of 1799, the per
formance of the award is not enforced by
attachment, as under the statute of YVil
Ifani, but it is made the judgment of the
Court, and such judgment is enforced by
fi: ri facias or capias, &c. YVhenever,
therefore, a motion is made to make an
award the judgment of the Court, such
motion may be resisted for either of the
reasons above mentioned. Eut it is not
pretended in this case, that the arbitrators
acted corruptly, or misbehaved them
selves, or that any undue means were
used in order to obtain this award, and
therefore, on that ground, no objection
has been made. The defendants, howe
ver, contend that the award is bad, be
cause it appears on its face, that John YV
Wilde, the umpire, was chosen after the
arbitrators proceeded to business, instead
of before that time, as required by the
rule of Court, and this is the only objec
tion apparout on the face of the award
which has been taken. This objection I
have already disposed of, and none other
appears; for the award is certain and
final.
It has been said in argument, that this
being a case in equity, the Court may,
under this motion, enquire into equitable
circumstances and set aside the award.—
To this proposition I cannot assent; for,
if in fact there be any equitable circum
stances, such as fraud, mistake, or miscal
culation, &c. such matters must be bro’t
before the Court in some tangible form,
by bill or otherwise, so that the Court'can
get hold of it, and where all the parlies
can be beard. But even if the Court
could, in this form, enquire into these
matters, no such circumstances or facts
have been shewn.
I have examined this case with consid
erable attention, and can find no ground
UDon which to refuse the motion. It is
therefore ordered that the award be made
the judgment of the Court.
Rule absolute.
Flournoy, for plaintiff.
Jackson, YValker, for defendant.
SPRINGS.
At
Soda Water.
FOUNT AIN of the above highly refreshing
Mountain Spout Retreat.
T HE subscriber informs his friends and the public generally, that he has established a HOUSE
Or ENTERTAINMENT, half a mile south of the Indian Mineral Springs, where he w ill be
prepared to receive company who may visit the Springs eithei for health or pleasure. His House
is situated on a beautiful eminence, surrounded by a delightful grove, of natural growth, and con
venient to use the water that flows from the celebrated Spring, known by the name of the Mountain
Spout, and which is acknowledged to be equal to any in Hall or Habersham. His building has
eight large and commodious Rooms, all furnis .ed in the first rate manner, and a spacious Dining
Room, fifty-five feet long, with nice comfortable Rooms in the upper story ; and also a number of
small Cabins suitable for families. This establishment offers a numbei of advantages -.—First, Its
high situation off at a good distance from the Creeks ; and he has good Hack Carriages, and will
give all Boarders a comfortable passage to the Spring and bark, three times a day .gratis. Second,
The beautiful natural growth that surrounds it, and its romantic situation. Third. The great ad
vantage of using the water from the Mountain Spout. Fourth, The buildings are all new and well
adapted for health and comfort, and it is generally acknowledged to be one of the most conveni
ent places of anv establishment in the up-country, to be so large and airy, and its location affords a
quiet retirement from the busy bustle and n.ise which is so common amongst such a variety of visi
tors some for health, some for pleasure, aid some for any thing or nothing ; and the distance to
visitthe Springs will afford good exercise. The subscriber has been a resident at this place se
ven years, and proprietor five, and it must bt granted, that by this time he can give some idea what
is necessary to make company agreeable; and it is sufficient to say, that he is well prepared to ac
commodate one hundred Boarders this season His old friends are respectfully and particularly
invited to call and see. His table will be furnished with the best that can be procured in the u,-
couatry—his bar with the best of liquors, and his stables with the best of forage, and an excel ent
ostler. No pains shall be spared, on his part, to make all company agreeable who will favor him
with a call. This place is celebrated for health and good society, and no doubt but the society will
be much better this season than heretofore, as a number of wealthy and respectable citizens have
bought lots, with a determination to spend their summers here. He has also a large supply of
DRY GOODS, GROCERIES, &c.
Which he will sell low for Cash ; and an exeellent Blacksmith, who will attend to customers with
dispatc . Also, a great supply of food mateiials, which will enable biin to board, and ke :p Horses
at the following rates, viz :—
Man per day, -
Longer than ten days, at
Dinner, -
Breakfast or Supper. -
Lodging, - - - "
Children and Servants, half price.
Horse per day, -
Longer than ten days, at -
Horse Feed, - - - *
JOEL BAILEY.
Er* The subscriber has the whole of the Tents in Morgan's Range, together with a number of
new ones, to rent. All persons visiting here wilt find at his house a qu.et home, situated high and
drv in an atmosphere, new, fresh and pure—with water, cool, strong and clear as the mountain
current-exempt from the crowd, noise and dust of the Spring company, only as a visiting specta
tor. and participate at pleasure—with wholesome necessary exercise given to and from the Springs,
in Carriages, free of*expense, and with charges the most moderate—attention the most liberal and
supplies the most plentiful that can be afforded in hard times, by ont, who. tnexpressibly thankful
for past favors, is determined that nothing shall be lacking, on his part to render the Mountain
Spout Retreat an important auxiliary in visiting the Indian Springs, and often an essential ref rent t
the votary of health, in the use of the Mineral Water. 14
Mountain Spout Retreat, June 23, 1828.
$1 00
0 75
0 50
0 371-2
0 37 1-2
0 75
0 50
0 25
INDIAN QUEEN TAVERN,
COLUMBUS GA.
T HE subscriber respectfully informs his
friends and the public in g ncral. that he
has taken the above establishment in Columbus,
beino-on the Road from the Indian Springs to
Alabama. His Table will be furnished with the
best the Country affords, and his Stables with
attentive Ostlers and Pr vender.
GEO. W DILL ARD.
IF7» There will be a two horse Stage running
from this placeto Foit Mitchell 3 times a week.
May !9 4 - ltw
Public Sale.
W ILL be sold, at the lower Market-house,
on Tuesday, the 1st July next. Lots Nos.
11 and 12, with the impiovements thereon, con
sisting oftwo Stores and Dwellings, with the ne-
cessary out-buildings, formerly owned bv J B.
Lafitte, situa'ed on the north side o< Broad-street,
near the upper market Persons disposed to
purchase at private sale, before the 1st iustant,
will please, apply at the Branch Bank.
June 26 ^ 2t
M&e Major J. W. Hunter
jEjffiSSr has returned to Augusta, where
he will remain dnring the Summer. Persons
having business with him, in relation to Georgia
Militia Claims for 1793 and 1794, will p ease to
apply to him at his office in this place.
June 26
and healthy beverage, has been opened by
the subscribers, at their office, No. 24 i Broad-
street. where water o! the best quality, and welt
cooled, wi.d be served at all hours ofthe day and.
evening.
Magnesia, Rochelle, and other medicated wa
ters, will be furnished at the Fountain.
B. D. THOMPSON.
J. S. BEERS.
March 27 93 tf
liar dicar e Cutlery•
JAFFREY & CRANE,
No. Ill Pearl-street, N York,
H AVE recently opened an extensive Stack
of uewlv imported H ARDWARE fc CUT
LERY. which they offer for sale at low prices,
for Cash, or approved credit.
June 12 11 4tw
TO PLANTERS.
O N Consignment, from Columbia, So. Ca., e
a few of Mr. Boatwright's improved and
celebrated COTTON SAW GINS. They are
wairanted, and will be sold at the manufactory
cash prices, viz. $2 50 cents per Saw. Those
on hand are from 30 to 50 Saws. Orders will Ire
received ar.d executed for any size.
PAUL FJTZSIMONS.
Augusta. June 2 8 tf
AUGUSTA THEATRE.
T
15 9t
fvggip The undersigned has re-
moved his Office to the City
Hail. YVM. LONGSTREET.
June 26 15 3t
NOTICE.
M R. JCH V MOORE will act formeas agent,
during my absence from the State.
RICHARD TUBMAN.
June 26 4 *
CANAL FLOUR.
J UST received, a lot of fresh Canal Flour, of
superior quality.
HALL & HAKDIN.
June 26 R* tf
UNION HOTEL,.
MRS. FENNEL,.
accommodate Travellers and Boarders, to a neat and elegant manner the D-e tn. is e one
fotmerl, occupied bY DiLLO»Jo«D.H^senVE^.^nn»n^the name nfJOBDSDS^HOTEL.—
exertion shall b- wanting on her parr to render her house unexceptionable in every respect,
fore solicits a share of public patronage MARY FENNEL.
N. B.—This House will be conducted and superintended for me by my brother, Mr. Dillon Jor-
■‘“hS'^ZiTn^mld^SlTBtES and CARRIAGE HOUSE appouenmt. to the
above Boarding House.
Mr Jenks, the talented editor of the
Boston Evening Bulletin, a new paper
just established there, thus closes an ar
ticle upon the Parisian Dancers at the
Trentont Theatre. " At a peculiar ca
dence of the music, one .of the dancei*
entered, clad like the Houri of which'
dreameth the devout mussulman—launch
ing along like a poet upon his Pegasus
or°a butterfly bestriding a flash of light
ning and spinning round and round like a
feather in the middle of a whirlwind.—
Then sprang forth another, of similar ap
pearance, moving with equal velocity,
and twirling about in the same hurricane
style then a third accoutered like some
Oriental wizzard—and the Pas de Trois
proceeded,4>f the steps and shakes, and
the sweeps and monopedel wheelings,
lo ! an accdftnt cannot be rendered—not
only for the cause aforesaid, but by rea
son of their indiscribable infinity. YVe
have no remaining hint on- earth for the
accomodation of our memory—all else
has passed into oblivion—save one 8 en *
eral recollection of fantastic vagaries, and
fairy spirits floating dizzily upon whirl
pools, or flying in mazy circumlocutton
through spaces immeasurable, and vanish
ing, like celestial spectres before the be
wildered gaze of gaping mortals.
Years rush by us like the wind. YVe
see not whence the eddy comes, or whith
er it is tending: and we seem ourselves
to witness their flight, without a sense that
they are changed; and yet titne Be
guiling roan of his strength, as the
rob the woods of their foliage.
0?* Seats will be secured at the above Hotel, for the Charles
ton Norfolk and Augusta Stages. lm
(TF The Editors*ofthe Georg* Courier, Hillsborough Recorder, Western Carolinian, and Nor-
folkHerald, will please insert the above advertisement four weeks, ana send on their accounts, with
a paper containing the same, to this office, for collection.
Whiskey, Flour, &c.
150 Barrels Rye Whiskey
30 do. fresh family Flour, warranted
15 do. Northern Gin
3 pipes pure Holland Gin
Just Received and for sale by
A DANFORTH,
200 Broad-street.
June 26 15 3t
HE AUGUSTA THEATRE will be rented'
for one or more years from the first ot No
vember next. Theatrical gentlemen wishing tc
Rent, or Lease the SHme. willplease to address
at Augusta, the Proprietor,
J. G. M’WHORTER
May 29 7
a? 8 NOTICE.
P ROPOSALS will be received on the first Sa
turday in July next for taking charge of the
Hospital until January next, .aid furnishing the
patients with provisions, £ic. Applicants will
state the Terms per day for each patient, and
will also name their securities for the faithful per
formance of the duties.
By order of Council.
GEO. M. WALKER, Clerk.
June 19 13 td
fTfcggSp During my iibsence from
this State, Mr. B. Bocyer and
iny brother, Alfred B. Turpin, will act as my
Agents. GEO. P. TURPIN.
June 5 9 tf
ffoujigp Dr. G C. M’Whorter,
iljSSS? 7 having taken the shop lately oc
cupied by Dr. J. G. M’Whorter, opposite the low
er end of the matket, respectfully offers his pro.
fcssional services to his friends and the puhlie.—
He v if be found, r.ight and day, at bis shop,
or the residence «f his brotller.
Mav 29 7
OXV CONSIGNMENT,
AT LOW PRICES,
15 Bbls. superior Cider and Cider Oil,
10 „ Northern Gin,
2 half qr. casks Currant Wine,
10 bales Stripes, Checks and Sheetings,
30 boxes Shoes, Boots and Brogans,
50 boxes Windsor Soap,
1 case Perfumery, Knives, Pocket Books, &c
5 cases Leghorn Bonnets,
500 sides Upper Leather,
1000 lbs. Sole aud Harness Leather,
1000 lbs. Bagging Twine,
20 coils Rope.
A. BRYAN.
June 26 12 4t
NOTICE.
A LL persons indebted to the estate of John
G. Cowling, late of Richmond County, de
ceased, are requested to make immediate pay
ment; and those having demands against the
same, are hereby notified to present their accounts
to the subscriber, within the time and form pre
scribed by law.
PAUL ROSSIGNOL
June 26 15 13t
FRESH FLOUR.
50 Barrels Fresh Family Flour, landing this
day, and for sale by
June 19
A. DANFORTH,
200 Broad-street.
13 3t
2,000 BUSHELS prime Beach-Island
CORN, for sale bv
BARBER Si BLAIR.
Mav 5 104 tf
Coach Making and Repairing.
ffito -»■ carrj o„ <b« i. .11 to •"*-*'*■
stantlv for sale, £
Coaches, Gigs, Sulkcys,&%
Of the best materials and most faithful manufacture. He wiH build to orAer and ^paw at the
Shortest notice, having faithful and complete workmen. He hopes to be ableto give general satis
faction, and share a respectable portion of public patronage
April 28
JESSE THOMPSON.
102 tf
Selling off at Cost.
The subscriber respectfully informs his friends
and the public, that from this date, he will dis
pose of his extensive and well selected Stock
of FRESH STAPLE &. FANCY
And offers the same at wholesale or retail, at cost,
for cash, or town acceptances.
O’ Country merchants visiting Augusta, will
find it to their advantage tocall and examine the
Stock. DILLON,
Opposite the lower market
May 8 1
ISAAC H. WALKER,
attorney at law,
O FFERS his Professional Services to the
Public, in the Court of Common Pleas in
the Citv of Auffusta, and in the several Courts of
the Counties ofthe Middle Circuit.
He may at all times be found in the Office of
Gen. Wm. W. Holt.
Jan 3 69 tf
JUST RECEIVED,
AT THE AUGUSTA BO>h-STORE,
M EMOIRS of Miss Eliza J. Drvsdale—By
the Author of “Triumphs of Religion, esc.
“ The memory of the just is blessed.”
17 Price 50 cents.
G. Abell & Co. having
dPSS? relinquished the Auction 4* Com
mission Business to the subscriber, it w II be con
ducted by him at theif former stand. No 240
Broad street. C. PHILLIPS.
N. B —Liberal advances made on Consign
meuts. C P.
June 12 tf
Dr-. I. P. Garvin and
J. A. Eve, have formed a con
nection in the practice of medicine, and take:i
an office on the south side of Broad-street, two
doors above Messrs. Turpin SiD’Antignac’sDi ug
store.
By this arrangement, they hope, in addition
to city business, to be able to render more
prompt and punctual services to their friends in
the Country, than they could possibly otherwise
do.
Messages left at their office, or their respective
places residence, will receive immediate atten
tion.
May 9 7 3t
Messrs. Charles Carter
and Thomas Bertram, are duly
authorized to act as my attornies.
WM. B. SHELTON.
June 12 11 tf
Doctors Cunningham
and Baldwin, have formed a co
partnership in the Practice of
Medicine, and will attend singly or conjointly to
all cases which may be entrusted to their care
At night, dnring the summer months, at which
time Dr. • unningham will be on the iand-Hilk,
messages left at his residence, on Washingtou-
street, will be attended to by Dr. Baldwin.
Junel2& 11 In
CORSETS,
(LATEST FASHWKS.j
T HE LADIES of Augusta are respectfully
informed that the above are made by a La
dy of this City, in the most elegant manner, and
from the Latest Paris Fashions. Ladies can have
them made to measure, upon the most reasonable
terms. Specimens of the work can be seen by
applying at Mr. Bigelow’s Store, Broad-street
where orders will be thankfullyVeceived and at
tended to.
June 12 II
FOR SALE.
T HE Subscriber offers bis valaable gentle
GIG HORSE, 4;so, a light handy tilting
CART, nearly new —For terihsapply to the sub
scriber at No. 92 Broad-street, near the market.
RICHARD BLAND.
June 19 13 tf
June 19
It
ICE CREAM,
SODA WATER 1? MEAD.
I CE CREAM may be had at the subscriber’s
every day in the week, from 11 o clock, A. M.
till 10 o’clock, P M SODA WATER St MEAD,
at any hour ofthe day —Where is also kept an
excellent assortment of CONFECTIONARY.—
Families can be supplied with Ice Cream in small
quantities by application at the Store, and Par
ties can be supplied with a«iy quantity at short
notlC€ ' MARTIN FREDERICK.
June 2, 8 w «f
" CAUTION.
L EFT my service, on Wednesday the 16th
instant, Henry Johnsqn. an indentured
apprentice tothe Trimming and Harness making
business. Said Johnson is supposed to he lark
ing about this city, and this is to caution all per
sons against harboring or employing said ap
prentice in any manner whatever,as the lr ■'will
he rigidly enforced in case of its violation.
LUTHER ROLL.
June 23 H 3t