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T HE COURIER,
By J. G. M’Whorter.
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GEORGIA CONFERENCE MANUAL LA
BOR SCHOOL.
REPORT OF THE BOARD OF VISITORS.
The Board of Visitors invited to pre
side at the examination of the students ol
the "Georgia Conference Manual Labor
School,” and to inquire into the present
condition of the institution, in connexion
with its future prospects of usefulness, sub
mit the following report: —
Aware that the duties of examining
Committees or Visitors of our Public
Schools, in too many instances, are per
formed in a very loose and imperfect man
ner, to the great injustice of instructors,
scholars and the community, we have en
deavored on the present occasion, to de
vote ourselves closely and honestly to this
important and necessary duty, and by a
careful and thorough inspection of’the
school to become capable, according to
our ability, of pronouncing a fair and im
partial opinion upon its merits. To this
course we have been urged, both by Trus
tees and Teachers, each of whom have
axiously invited a deliberate and patient
investigation into the results of their la
bors
With the examination of the young gen
tlemen in their literary studies, we are en
tirely satisfied. Indeed we might say. we
were surprised, and even delighted, con
sidering the many difficulties and embar
rassments under which the students were
called on to exhibit this public evidence of
their proficiency. When we remember
that scarcely four months have elapsed
since the halls of the institution were first
opened for the reception of students.—the
unprepared state of the public buildings,
and the numerous difficulties of various
character, which always attend the com
mencement of such a work, all uniting to
obstruct the regular exercises of the school
we wonder only that both preceptors and
pupils did not shrink from an inquiry into
their progress. Such was the wish of a
great many of the best friends of the insti
tution, who trembled for the result of what
was called a premature examination. But
those who were most interested did not take
council from their fears. They resolved
at once, to make a showing of their pro
gress, and to afford the public the most
ample means of judging deliberately and
fairly of the merits or deficiencies ol their
system. The result is known,and theßoard
of Visitors take pleasure in stating their
conviction, that it is highly honorable
both to preceptors and pupils, and conclu
sive of the permanent and general efficien
cy of the system, in every branch of sci
ence, students were evidently instucted
upon the most approved models. What
they learned they knew, and had it com
municated to their minds in such a form,
as to make it lasting and useful. The
best works are used as books ofstudy,and
the institution is already supplied with ap
paratus for Philosophical, Astronomical
and Geographical illustrations, which are
unsurpassed and scarcely equalled by any
in the State, and in addition to which, is
shortly expected, a complete chemical
set of the same character. Three of the
Board of Visitors, for the several years
have been engaged in the instruction of
youth, and we all concur in the opinion
that the advancement of the pupils in their
literary studies has been fully as great
as in those schools where no manual la
bor is required-
The examination of the farm connected
with the institution, has offered the Board
of visitors the highest gratification. The
crop of the present year consists of sixty
five acres in corn, cultivated with skill and
neatness upon the horrizontal plan, and
ernnot fail we think, with ordinary seas
ons in future, to produce an average crop
of thirty bushels p r acre; also forty acres
in excellent oats, most of which has been
reaped by the students, well bound and
shocked; besides a sufficient quantity of
potatoes, to supply the wants of the school
The stock of hogs and cattle appear to be
in a prosperous condition. The fencing
is in good order, one line of which was
laid ofl'and put up by the students, and af
fords an excellent specimen of their skill
in this important branch of farming. Most
of this has been accomplished by the
young gentlemen in one halfthetime al
lotted to manual labour, the remaining
portion having been bestowed upon the
Campus and other improvements.
The connexion of manual labour with
the literary and scientific exercises ofthe
student, is a principle laying al the found
ation of this institution. We are aware
that much prejudice exists with almost ev
ery class, against this plan of education;
but we feel assured that it cannot exist
long, but must yield to the demonstration
of truth, and the lights of experience. Al
ready indeed, is the public mind recover
ing from the error into which it had fal
len; experience begins to approve what
wisdom and foresight planned, and we
should not wonder, if, in a very few years
every other plan of instruction was aban
doned in favor of the course pursued by
Manual Labour Institutions This is a
reasonable expectation for it is hardly pro
bable that an intelligent community will
remain long blind to truth, or that man
will persevere in obstinate opposition to
his own ipterest The parent will search
out those institutions, whose organization
affords the best means of preserving the
health, lessening the expense of education
and invigorating the character of his
children. He will find these means amp
ly supplied by the Manual Labor Schools
to an extent which cannot be furnished
by institutions founded upon a different
organization. We would warn parents
and children, however, not to be misled
by an improper motive in this matter. The
gain which, is made in money should not
be a primary but a secondary object with
jhem. The student should enter upon
his labors in the farm under the impulse
of high and ennobling motives: resolved
to make "manual Labour subservient to
extensive scholarship—to sound bodily
strength,”—and to the formation ol those
habitsol endurance and selfdenial, which
will qualify him for the eminent discharge
of every duty to which he shall be called,
in after life. Such we are gratified to
state, appears to be the motive which ac
tuates the voting gentlemen in this insti
tution From our frequent and interest
ing interviews with Major Lane, the far
mer, we have been happy to learn that
they perform all their labours with the
greatest gaity of spirit, and cheerfully en
counter every seveiity of weather whene
ver their task calls them out. Indeed, we
do not think we have ever witnessed a
scene ol more perfect contentment and
happiness, than is presented in this
school.
But there is another feature in the or
ganization of this Institution which claims
our attention, that we contemplate with the
highest interest—we mean the moral and
religious advantages which it presents to
the pupils. The superielendant sustains
the diameter of Pastor to the students,
and all others connected with the Institu
tion. Each member ofthe Faculty re
cognizes and acts under the obligations
and duties of a strict religious guardian
ship over the pupils, and even when em
ployed in the I. hours ofthe farm the same
salutary restraints are in full exercise
over their conduct. The moral power
and efficiency, exercised in this institution,
already begins to exhibit its fruits in the
promotion ofthe moral habits ol the stu
dents, and must ultimately succeed in
bringing many, if not nil to a saving
knowledge ofthe truth.—Without this
interesting feature, we should indeed be
ata loss to know what extent, we would
be justified in recommending this Insti
tution to the public. It is the opinion ol
many enlightened mt n, that no system of
education or instruction, however high its
scientific character, can be made useful
which is destitute of the vital influence
conferred by Chr.stianity. Governor
Walcot says, "that high mental attain
ments afford no adequate security against
moral debasement;” —aud General Wash
ington, conclusive authority to American
minds, warns his countrymtn in his
Farewell Address, "not to indulge the
supposition that morality can be obtained
without religion. Whatever, says that
good man, may be considered to be the
influence of a refined education on minds
of peculiar structure, reason and expe
rience both forbid us to expect, that ca
tional morality can prevail in exclusion
to religious principles.” Convinced, then,
as we are ofthe importance of a religious
education, we are happy to find that it is
a fundamental piinciple in the laws and
the course of instruction pursued in this
Institution.
Before closing this report, we beg to
be indulged in one reflection which is
addressed principally to the Board of
Trustees. Emotions of gratitude to
God, must dilate every heart in view of
the auspicious circumstances under which
this Institution has commenced its opera
tions. The many singular advantages it
possesses of a healthy situation, of a rigo
rous organization, “in regard to intellec
tual, physical and religious culture,” it is
believed, cannrt fail to recommend it to
good and learned men and Christians
everywhere. Its halls are thrown open
at the very moment when a powerful im
pulse is given to all the great movements
of Christian zeal and enlightened philan
thropy. Shall not those halls be enlarged?
Shall not the standard of education be
raised higher?—And may we not expect
the time shortly to arrive, when such a
system of instruction will be pursued in
the present humble Methodist Manual
School of Georgia, as will enable it to
send forth men “of powerful and accom
plished scholarship, of firm nerve and
sanctified enterprise, to fill the solemn and
responsible trusts ot religion, and science
and legislation ?”
ROBERT AUG. BEALL,
VAN LENARD,
RICHARD K. HILL,
JAMES PARK,
JOHN HARRIS,
Covirjgton, July 18th 1835.
The Trustees respectfully request
all Editors friendly to the cause of Edu
cation, to insert in their respective papers
the foregoing report,
JUDGE SCHLEY’S CONSTITU
TIONAL OPINIONS.
It is known to our readers, that Judge
Schley was employed some years since
by legisluliveauthorit f, to compile adigest
of the English statute s in force iti the State
ot Georgia, which work he completed and
reported to the Governor in November,
1825
In the body oi that work, under the head
of “Notes on Magna Cliarta,” page 57,
will be found his reflections upon our
Constitution and form of Government,
which we publish to-day, for the pur
pose of silencing the charges of federal
ism and consolidation which are ringing
through the country from the organs ot
nullification; and of placing his constitu
tional opinions before the public, in their
trne light.
It will be home in mind by our readers,
that these opinions have not been man
ufactured at short notice, to suit the pres-
etitliour, but that they were deliberately
committed to record as long ago as the
year 1825; that too, when he could have
felt no inducement, personal or political,
to impose upon the public doctrines and
principles not his own.
"After the termination ofthe war, and,
when by the treaty of 1783, England had
acknowledged the independence of the
States, it then became necessary that they
shoo'd agree upon and settle some form
of government, and establish certain fun
damental principles upon which it should
be administered. This, at first view,
would appear to be no easy matter when
we reflect on the various and conflicting
interests by which the different sections of
the country were actuated. But a people
who had been united in the cause of liber
ty against a common enemy, and had ob
tained their object by the combined exer
tions of all, were nokdisposed to endanger
the union, by a pertinacious adherence to
every right and benefit which they would
have, been willing, under other circum
stances, to have insisted upon.— It was
necessary in the formation of the federal
government, that each state should give
up a part of its sovereignty, delegating to
this general government such powers as
were necessary for its existence, and to
enable it efficiently to sustain its own dig
nity, aud to protect the individual states.
This was accordingly done by the origin
al framers ofthe constitution, and the acts
were ratified by the states But, neither the
convention who formed,nor the states who
ratifiedthis constitution,had themostdistai.t
idea,that the doctrine ofconst rut tive power
would be carried to the alarming extent,
contended for by some politicians ol the
present day; and which threatens the total
destruction of state rights and state sov
reignty. II this doctrine, be persisted in,
and no remedy provided for the evil, the
federal government, like Aarons rod,
will swallow up the state governments, and
a final consolidation ofthe whole, will
put an end to that system of liberty which
is noir the pride and boast of the free, peo
ple of these states."
li there is a man claiming to be a disci
ple of Washington, Jefitrson and Madi
son, who dots not yield a willing assent
to the views embodied by Judge Schley,
in the above extract, he is not ofthe true
faith.
That the nullifiers will reject it we do
not question, because, so far as we under
stand them, they deny all power to the
general government, when in conflict
with a state. To such as have given
themselves over to this new creed, it is in
vain to speak: but to the men of the con
stitution, who will think it better than nul
lification, we now address ourselves aud
ask them to make a fair comparison be
tween the opinions of Judge Schley aud
those ofthe sound, old school republicans
Miners Recorder
WEDXESDAY. JULY 29.
“ You assert that ifany conflict shall occur
between the State and General Governments,
‘each party has the right to judge for itself.’
I confess 1 am at a loss to know how such a
proposition should be treated. No climax of
' political heresies can be imagined, in which
i this might not fairly claim the most prominent
; place. It resolves the Government at once
I into the elements of physical force, and intro
-1 duces us directly into anarchy and blood.—
• There is not a single power delegated to the
j General Government, which it would not be
I in the power of every State Government to
! destrov, under the authority of this licentious
i principle.’' GEORGE M’JDUFFIE.
FOll GOVERNOR,
: WILLIAM SCHLEY.
FOR CONGRESS,
JABEZ JACKSON.
JESSE E. CLEVELAND.
We have so often shewn the tendency and
the inevitable result, if successful, oft he schemes
of the Nullifiers, that we always feel, in-recur
ring to the subject, as if we were tiring our
readers with an oft-repeated tale. The Editor
of the Sentinel, in his last number, manifests
great alarm at the “physical powers" oi the
General Government. The Editor ought to
know, that powers are empty gifts without the
means to render them available for the purpo
ses of the trust. We know, he will not dispute
this point—the difficulty lies in the jaundiced
medium through which he looks at their opera
tion; and as he cannot control their effects
to suit his own views,he woxld render them im
potent to do either harm or good. ’Now, for our
part, we want no government so much like the
' ohl lady’s medicine. Our opponents talk of
these powers as if they wete now only first
brought into operation, and as if the country
were still beneath the rules of the old Confede
ration—both of which suppositions, they will,
allow us to say, are false. Even in the “ free ’
days of the old Confederation, whose Morn the
Nullifiers appear to wish to seedawn again, Mr.
Jefferson talked about the “ teeth ” of the Con
federacy—the “ States would do -nothing till the
Confederacy showed its teeth-" yet in the ener
getic government, which ovr fathers made to
succeed their first rieketty contrivance,to“form
a moie perfect union” and “consolidate,” that
is, render firm and lasting the union of the
States, the manifestation of a determination to
exact obedience from the same refractory spirit,
is denounced as high-handed tyranny—uncon
stitutional usurpation! The very laws, with
the .approving signatures of Washington and
Jefferson, re-enacted in an abundantly cautious
legislation, to meet the exigency of a later day,
are branded with all the odious epithets, that
party malignity can invent; and the very er
rors,which the present government was express
ly formed to remedy and obviate forever, are
sought, by the faction, that labors to agitate the
South, to be re-engrafted on the charter, which 1
they before
new and beautiful name of N< llification, is now '
the guiding star to th<f temple of Liberty—but I
then confessedly the source of all our national 1
imbecility and discredit. Such aprinciple, sue- i
cessfully thrust again Into our present Consti
tution, would reduce to the same state of
confusion and contempt, which marked the pe
riod of its original reign. Yet for this glorious
result arc our opponents laboring, with a zeal
and talent, which might adorn a better cause.
A frlehd writes us thus from the up-coun-1
try:—No one in this part of the State, doubts
the success of the entire ticket— our object now,
is to swell the majority so much, as that nullifi
cation, being only stunned last October, it shall
receive its death-blow this.
FRANCE AND SPAIN,
Accounts from Paris convey only information
on the probable course ofFrance relative to Span
ish affairs. The Journal des bebats officially
announces that no intervention will take place,
England having formally refused to engage in
it, and the French Government does not think
it is for the interest ofFrance, to undertake such
an enterprise alone;
The King presided at a Cabinet Council in
which it was resolved that Fi ance would not in- j
terfere without the concurrence of England.
Coriespondence of the London Sun.
Paris, June 9,3 o'clock p. M.
‘ The Funds have, as you will perceive, been
much lower to-day than at the close of business
yesterday. The reaction which took place in
them,was caused by reports that Valdez, having
united thirty thousand men, had on the Ist or 2d
inst, attacked and routed Zumulaearregui. and
had very nearly captured Don Carlos himself.
Another report stated Don Carlos was dead.
It was however—(and this you may rely on) —
Espartero, in fact w ho had made a dash at On
ate on the 31st ult. and had actually been neat
taking don Carlos, who was obliged to fly even
unclothed undressed. Oraa returned into Bas
ton on the third inst, which explains the retreat
ofthe Carlists on that day.
The following preamble and resolutions were
adopted at the New Orleans Meeting, relative
to the persons ejected from Natchez:
Whereas the security of life, liberty and the
maintenance of peace and good order depends
upon a strict observance of the laws and con
stitution framed for the government of any soci
ety; and whereas provision is made by the laws
oflbis state forthe punishment, and prevention
of crimes and misdemeanors, and especially for
the suppression of vagrancy, and whereas a
popular condemnation and punishment without
a trial before the ordinary tribunals of justice,
and without regard to the rules of the law, of
any individual chatged with any offence, is a
l rank al assumption of legislative, judicial and
executive powers, tending at once to the over
throw of constitutional government, and a well
regulated liberty, and to the substitution of pop
ular excitement instead of law.
And whereas the executive officers of the
state and ofthe city, have a sufficient force at
command to carry into effect the orders they
may receive from the magistrates, and whereas
the right to a speedy public trial by an impartial
jury ofthe vicinage, is wisely,justly and humane
ly guaranteed to every accused, by the 18th
section of the Constitution of this state —
Resolved, therefore, That this meeting deems
it unconstitutional, illegal, tyranical, cruel and
inexpedient, to adopt or resort to any violent
measures against the individuals lately ejected
from Natchez.
Resolved, That the citizens composing this
meeting will cordially co-operate with the
Mayor in any legal measures he may adopt for
the preservation of the public peace and good
order.
ARRIVAL OF BLOOD STOCK.
It is with pleasure we announce the arrival
at Mr. Winter’s Plantation, in the vicinity of
this city, some of the most distinguished Blood
Stock of Horses in America viz :
The grey mare Ariel, the winner of forty-five
■ out of fifty seven races, thought to be the greatest
i performance on record.
Betsey Richards, of famed memory as a racer,
and one ofthe < Id Sir Archy’s best colts, with
her beautiful young colt by American Eclipse.
Fire/r, a beautiful hay mare, by Eclipse
(never t rained) out of tne dam of the celebrated
Robin Hood.
Gcroto, a fine sorrel colt, by the renowned
i Henry—dam Vixen.
A Grey Billy, by American Eclipse—dam A
! riel.
The above is probably the greatest acquisi
tion to the Blood Stock of this state, that ever
has been made by any one individual. In addi
tion to the above importation, Mr. Wintei, has,
we understand introduced into this state within
the last three years, the following, viz:— John
I Stanly, by Sir Hal; Grand Turk, by American
j Eclipse; Marie Annette, by John Richards;
Eliza North, by Eclipse; Eannyßichards, dam
Be sey Richards, sire Maryland Eclipse; Nell,
by Duroc, sire of Eclipse; Lady Barefoot,
by imported Barefoot; Miss Bethune, by John
Richards, and Trimmer, by John Stanly. All
except the last named horse thorough bred, and
several of them are distinguished for their per
foimances. He has also purchased, a splendid
horse colt by Henry, out of Ariel, which, being
engaged in several slakes at the north, remains
on Long Island for the present.
If a few more enterprising individuals of this
state would only follow the example of Mr.
Winter, Georgia would soon stand number one
in the breed of horses, and challenge the Union
to produce any that could “go ahead.”—Consti
tutionalist.
Meeting of the Southern Gentlemen in New
York. —This meeting was held on Monday eve
j ning, 20th inst: at Tammany Hall. At half past
5 o’clock, Dr. Davjd, C. Carr, of New Orleans
was called onto preside; Mr. John Hutchins,
from Mississippi, was appointed Vice Presi
dent, and Col. Sparks, from Louisana, Secreta
i ry "
A Preamble was submitted, in which Slave
; ry was admitted to be an evil, the abolitionists
i condemned, credit claimed for the South for its
aid to the Colonization Society, and concluding
' as follows:
"Your committee are happy on this oc
casion to say, that on this momentous ques
tion they find in accordance with their
own the sentiments and feelings of a
large portion of the people of the non
slave holding states, and especially that
enlightened portion of their fellow citi
zens of New York. From this fact they
augur much good; truth must ultimately
triumph, and to this end they respectfully
invoke the enlightened people of the non
slrve-liolding states, to unite with them
in frowning down that spirit of fanaticism
and false philanthropy,which is now gain
ing upon the feelings of too many of our
fellow citizens, and which threatens not
only the peace, but very existence of our
government.
"That the feelings of the people ofthe t'
same slave-holding States may be fully r
and entirely known upon the subject of t
slavery as it exists among us, and upon f
the project of its immediate abolition as 1
proposed by ihe Abolitionists, your Com- '
mittee recommend the adoption of the fol- I
lowing resolution. s
"Resolved, That a committee of two be
appointed by the Chairman of this meet
ing to correspond with intelligent and dis
tinguished individuals of each slave hold
ing State, requesting them to call meetings
and to nominate delegates to meet at some
suitable time and place, to take into con
i sideration the proper course for the slave
| holding States to adopt in the present a
larming crisis.”
The preamble and resolutions called forth a
discussioh in which the meeting itself and the
spirit of the preamble and the measure recom
mended by the resolution were generally con
demned by the Southern gentlemen present. We
j give the following speeches as calculated to show
i both Southern find Northern feeling on the suh
i J et -
I "The Chairman said, that if there was
any person present who objected to the
! resolution, he would be happy to hear his
! reasons fordsicenting from it.
“Col. Foster,of Georgia whose rem arks
as well as those of all other speakers, we
are obliged to curtail, then addressed the
meeting and said—That he very unex
pectedly came to the meeting, which he
would not have done, did he anticipate
such a resolution as the one which was
read. As, however, he was at the meet
ing he felt bound to express his dissent
from the resolution. He objected to it, in
the first place, because it gave too much
importance to a set of fanatics, who he be
lieved, had not the power to do mischief,
andthereforehe would not hold out such an
idea to the country: Letthe meeting but
comtemplate the consequences of this res
olution; supposing it to be passed, and that
the Southern States concurred in it, and
held a con vention in Carolina or Kentuc
ky; might not such a convention of slave
holding States impress'the country with
an idea that there was going to be a disso
lution ofthe Union? Any idea ol this
sort was, however, mere gasconading and
nonsense. All the people of the South
wanted was to protect their property. The
South itself would not approve of such a
meeting, for the Southerners did not be
lieve that the fanatics possessed any influ
ence whatever. He wished to let the
North see that theSouth relied upon it,and
as for the fanatics, he defied them.
“ Col. Knapp, (from Boston) agreed in
opinion with the last speaker, and from
what he heard from all quarters he was
convinced that the South was every day
gaining strength The people of the
North viewed the question of slavery with
clear heads and honest hearts, and in his
opinion, it was better for the people of the
South not io interfere with them. As to
the fanatics, they were only flies upon the
lion’s mane, which he could shake off
whenever it pleased him. Who were
those fanatics? Addle-headed fools, who
could find no other means of acquiring
glory than pouring out their dollars, and
speaking about what they knew nothing
of. In former times it was certainly be
lieved that the Southerners used the whip
too often with their slaves; but he had
been in the South himself, and he did not
believe that there ever was a people in
bondage treated with as much humanity.
He believed that the people of the South
would,one day or other, see slavery at an
end, but the people of the North did not
want to force them prematurely to it. If
it was believed for a moment that the fa
natics could injure the people ofthe South
the men ofthe North would puttheir feet
upon them and crush out their venom;
and if a servile war should ever arise in
the South, let the men ofthe. North be but
called upon, and they will trample it down
at once—(Cheers.”)
The meeting very properly concluded its
j deliberations by the adoption ofthe following
j resolutions, with but too dissenting voices, in
j lieu of both the preamble and resolution above
mentioned.
"Resolved, That whether slavery in
our country be an evil or not, it is a ques
tion belonged solely to the States in which
it is toleuited, and whether it shall be con
tinued or abolished, it also a question
which belongs solei}' to those States to de
termine.
“ Resolved, That the people of the
South cannot for a moment indulge any
serious apprehension that the efforts of the
j abolitionists on the subject of slavery can
, seriously affect public opinion, even in the
1 N orth; and that we rely with confidence
■ on the intelligence ofour Northern breth
j ren to frustrate and defeat the mischiev
, ous schiemes of designing demagogues
' and deluded fanatics. But should a crisis,
i which we eanrestly deprecate, unhappily
I arrive, we warn our fellow citizens that
i our rights of property are sacred, and will
be maintained.
| “Judge Pickett moved that the resolu
tions be put separately, which was accor
dingly done, and passed with only two
dissenting voices.
“A resolution was then passed to pub-
I lish the preamble and resolutions in all
the papers of N. York and another thank
ing the chairman for his conduct in pre-
■ siding. The meeting then adjourned.”
FOR THE GEORGIA COURIER.
, Dr. J. G. M' Whorter:— lt appears that your j
suggestion, respecting the triumphal columns ■
I near the City Hall, has directed public attention
!to the subject. Allow me for the same end, to
make a few remarks as to details, &c. The
lonic order is very appropriate, and corresponds
with the style of the building; but the Roman
■styleof the present columns is highly objec
tionable, and it involves incorrect architectural
principles. It is a property of the arch to re
solve the pressure, or force of its own and su
perincumbent weights, from a parallel, to ditec- J
tions perpendicular to the vertical lines of the j
columns, or abutments on which it is erected. '
Insulated columns are, therefore, liable to be I
thrown down, and for this reason, arches wet*
never introduced intothe Grecian Architecture
nor in the Egyptian Temples. I would res
pectfully propose the adoption of the Grecian
lonic. By doing so, the straight entablature
would lake the ( place of the arches, and it could
be ornamented in the frieze with appropriate
sculpture oi with the simple inscription,
“ Lafayette,”
“ What are his tervices? Behold your country!“
The columns will, of course, rest on a platform,
or base, a little elevated, and this continued on
each side, from a paiapet for the iron railing, to
be erected in place of the present wooden fence.
A column of stone, in place of the recently
erected flag staff", would be highly ornamental
to that part of the city, and “the star spangled
banner” would then permanently as well as
“triumphantly wave over >he land of the free
and home of the brave.” Such a column could
be usefully connected with the water-works.
Granite is the material, and the Rail Road
will soon enable us to obtain it at a reasonable
expense; at all events let us have no more
mcra of wood, nor even of brick and mortar.
W. P.
RICHMOND SUPERIOR COURT.
Anthony Dyer and Davis Cater}
Benj. Baird, Wm. Bostwick, and
Morgan P. Earle. J
This is an action of debt brought by the
plaintiffs, as assignees of the successor of the
Sheriff, who took a forthcoming bond from the
defendants for property levied on by plaintiff’s
fl las, and which bad been claimed bv two of
the defendants, B. Baird and W. Bostwick—
In taking this bond the levying officer (Sheriff"
Livingston, of Newton county,) joined the
names of the two plaintiffs in execution in the
same bond, payable to the Sheriff and his suc
cessors in office: this bond was conditioned
for the production to the Sheriff and his succes
sors in office ofthe property levied on, if found
subject to the executions; and it further ap
pears that a trial took place on the claim inter
posed, and the property was found subject to the
ii fas above stated; from which verdict the
claimants entered an appeal, and which appeal
was never tried in consequence ofthec'aimants
withdrawing their claim. To the above state
ment of facts and the pleadings the defendants
■ object upon the followinggrounds:
1 Ist. For that the Sheriff has no power under
i the law to join more plaintiffs than one in the
i forthcoming bond, the statute under which it
i was taken speaking of only one plaintiff; and
: that the bond is therefore void as a statute bond.
2d. For that the bond being void, as a statute
• bond, the plaintiffs cannot sue as assignees of
: the successors of the Sheriff who took the bond;
I as there is no privity (except by the statute) be
tween the present plaintiffs and the successor
of the Sheriff who took the bond, and which
successor has transferred the bond to the plain
i tiffs.
The Court has examined with much atten
tion the whole subject presented by the above
stated case and the pleading® made up in it, and
from an examination of the statute under which
this bond is taken. See Prince’s Digest, page
221: Sect. 83. This Court decides that the
statute above stated does not authorize the
Sheriff to blend the rights of different plaintiffs
in the same bond, as the statute, when speaking
of the transfer of the bond, says '■ It shall be
the duty of the officer taking the same to trans
fer such bond to the plaintiff in execution.”
The Court can see much practical utility in
this provision of the Legislature. Each plain
tiff in execution having a separate right against
the defendant’s property cannot be delayed Or
hindered in pressing his fi fa by blending with
his the rights of another plaintiff in execution ;
as it might so happen that one of the plaintiffs
might have difficulties to contend with in sub
jecting the property to his fi fa which another
might not experience ; and there being no pri
vity in law between different plaintiffs in exe
cution, none can, therefore be created by the act
of the Sheriff and that of the claimant and his
securities. Each plaintiff in execution is enti
tled under the act to have a bond taken by the
Sheriff, which, upon the breach thereof, be by
law is authorized to have transferred to him by
the Sheriff,that he may proceed upon it, without
being incumbered with the claims of other
plaintifls whose fi fas happened to be in the
Sheriff’s hands at the time ot levying the.same.
1 and 2 Ohio Rep. 411. This brings the Court
to the second ground, that the present action
cannot be maintained by the assignees of the
successor of the Sheriff to whom lhe bond was
given. The Court is also with the defendants
upon this second exception, that between the
successor of the Sheriff to whom the bond was
given and the present plaintiffs there is no pri
vity of contract, and of course none in law, ex
cept under the statute above referred to; and
this not being a statute bond, the statute creates
no privity in this contract between the parties.
But the plaintiff’s counsel, Mr. Miller, furth
er contends, that if the Court shall be of opini
on that this bond is not good as a statute bond,
yet it is good as a bond at common law, as the
statute above alluded to does not declare that
bonds taken in any other manner than those
prescribed by the statute, shall be null and void,
and that the plaintiffs can sustain their action
on it as a common law bond—it not being taken
contrary to the policy of the law, and being up
on a good and sufficient consideration; and he
cites the following authorities —1 and 2 Ohio
Rep. 410, and the authorities referred to in that
case; 1 Saunders 161; 3 Dessasure’s E. R. 57;
IP. W. 189, 90; 3 Wendell’s Rep. 48; 2 Deve
reux’s Rep. 12, 15; 3 Hawks’ Rep. 42.
The Court has also examined the ground tak
en by the plaintiff’s counsel, and upon a review
of all the authorities, is of opinion that although
this bond is not good as a statute bond, yet it is
good as a bond on contract at common law, and
as such, may be recovered if sued upon by the
proper parties, having an interest al law. The
bond is not declared void by statute, nor is it
contrary to the policy of the law—and further,
it is supported by a good and valuable conside
ration. And what is this consideration it may
be asked, and the answer will be a very plain
one. When the sheriff levied on the property
ofthe defendant.it was, in law, his special pro
perty, and he might have sustainnd an action
for it of trespass or troover, or if he had wasted
the property after levy, he and his securities
would have been liable to the plaintiffs in exe
cution, for the amount of the property; and the
defendant would have been entitled to a credit
on the fl. fa. for the value of the property so
wasted by the sheriff —the claimant then says to
the sheriff, deliver me this property levied on,