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extreme mark of “ A Cotton Planter.” Some
unseen cause, however, may operate against
prices and destroy these anticipations—we know
not.
But this fact is certain, Great Britain is de
pendent entirely upon 11s for her supply of the
raw material. “ The knowledge of this fact,”
adds the Mercury, “ is most important to our
Planting interests, as it may encourage them to i
demand such prices as will remunerate them for
their labor. Those that they have recently
been receiving, if continued, mast compel the
Cotton Planters of tiie Atlantic States to aban
don the culture, or will soon effect their ruin.
The price of Cotton is an anomaly in the history
of Commerce. For successive years facts have
showu that, notwithstanding the increased mag
nitude of production, the consumption lias not
only kept pace, but has gained upon it. And
vet, interwoven ns it is with the wants and com
forts of every civilized people, an article of
prime necessity, we find the producer of it not
not remunerated, but unable to obtain a
price that will cover the cost of its production.
From the Savannah Georgian.
BY TELEGRAPH.
Arrival of the Steamer Canada at New Y'ork.
14 DAYS LATER.FROM EUROPE.
We last evening received a despatch from our
Baltimore correspondent, announcing the arrival
of the steamer Canada at New York, at two o’-
clock yesterday morning, with dates from Liver
pool to the 13th January.
In the Liverpool Cotton market, there was an
advance of nearly one-quarter of a penny on
American descriptions, during the week ending
Jan. sth, but during the week ending the 13th,
the demand from speculators having slightly aba
ted,the highest prices exhibited only an advance
of onc-eiglitli, being a falling off from tbe prices
of thesth. The quotations on the 13th worn lor
Fair Orleans 4§ to 4Jd., Fair .Mobile 4j to 4Jd.,
Georgia, bowed, 4J to 4|d. The sales during
the two weeks amounted to 70,600 bales.
From the Columbus Enquirer.
Decisions of tile Supreme Court ofUcorgia,
Held at Talbotton, January Term, 1840.
Goneke, et. al. A
vs. > From Randolph.
Garrett. j
Where there is no appearance on the first day
of the Term for either party, and no errors as
signed, the writ of Error will be dismissed.—
It ril dismissed.
Guerry, ")
t» VS r ,i /■ From Sumter.
Perryman, for the |
use of’Dennard. J
1. Wlierea note not negotiable, is assigned to
n third person, the ssignee takes the same sub
ject to all the equities between the maker and
payee ; and the maker, without notice of the
assignment, lias the right to set offany claim ho
may have against tho payee.
2. Where a Common Law Action is enjoined,
by a Hill in Equity, on the trial of the Bill,
(evidence being introduced on hoili side-,) the
Counsel for the complainant in the Bill have the
right to open and conclude before the Jury.—
Judgment reversed.
Sullivan &■ Hill for Plaintiff. E. R. Brown
for Defendant.
Holder and wife, }
rs. > From Stewart.
Harrell. y
1. Where a child dies intestate, leaving a sis.
ter of the half blood by the maternal line, and a
mother who had previously intermarried—
Held —That the sister of the half blood inher
ited the whole estate. Judgment reversed.
Hines Holt for Plaintiff in Error. James
Clark for Defendant.
Sinead & Savage, A
vs. > From Muscogee.
Doe, ex. dem. Williams. y
1. The Statute of Limitations does not run
against the Grantee of the Slate, until the Grant
issues. Judgment affirmed.
Mines Holt for Plaintiff in Error. Benning
for Defendant.
Elijah Butts, et al S
rs. > From Baker.
Cutlibertson y
1. When a summary process is given by the
Statute to certain persons to secure liens on
Steamboats, &c.—
Held, —That such process is not amendable on
motion, after execution issued, in a material
point.
2. Where such a process is sued out, tho plead
ings must show that all the requisitions of the
Statute have been complied with. Judgment
reversed.
Morgan for Plaintiff in Error. Platt & Spicer
for Defendant.
Butts, S
vs. V From Baker.
Cutlibertson, et. al. y
1. When a lien is given by Statute for ser
vices rendered and provisions furnished on board
-a Steamboat, the taking ofa promissory for such
services or provisions, is a mere liquidation of
the demand, it is not a waiver of the lien.
2. Parol evidence is a> inissible to show that a
note given on its face “for value received,” was
for services rendered on board a steamboat—
such evidence neither varying nor contradicting
the written contract. Judgment reversed
Morgan for Planliff in Lrror. Platt He Spicer
for Defendant.
Edward B. Young and")
John A. Calhoun, In
tendent of Eufaiila,
Ala., Pl’ffs in Error,
vs. )■ In Equity,fmßandolph
Janies Harrison and
Samuel Harrison, Ad
ministrator Def’ts in
Error.
4. When an individual has been keeping in
usoa Berry without a Grant, or License from the
state or its authorities— Held, that lie did not
have such property therein, ns would entitle
him to an Injunction, to restrain the erection
ofa Bridge across the stream, at the same point,
■upon the ground of injury to, or inteference
with said Ferry.
2. Held. —That the Irwinton Btidge Com
pany, or its Assignee, had the right under its
-charter to enter on the Land of the Defendants
in Error, lor the purpose of survey, and other
preliminary steps to the location of the Eastern
end of the Bridge, before compliance with
provisions of the charter, but that it had no right
to appropriate the Land to its permanent and
exclusive use, until adequate compensation is
ln ‘), J or * en dered in terms of the charter.
3. riiat, it appearing that the PHFs in Error
have built the Bridge, and are in possession
thereof, and that they have not complied with
the provisions of the charter, they are Trespass
ers upon the Land of the Del’ts in Error, upon
which the Eastern end thereof stands, and that
the injunctioli restraining them from the use and
enjoyment thereof, must ns to them lie retained.
4- That the Plaintiffs in Error had shown dili
gence to comply with the provisions oftlie char
ter, and that further time he allowed them for
that purpose,
5. That mandamus is not the proper remedy
to review and reverse the decision of the Inferior
Court upon the questiou, as to the interest and
title of the assignee of the Bridge Company.
That the said Court under the charter are min
isterial otfieers only, and that their decision up
on the right of the Plff’s in Error to the ap
pointment of commissioners to assess the value
of the Land of the Defendants in Error, is not
conclusive, and that the said Young, Pl’ffin Er
ror, is entitled to renew his application, and that
a certified copy of this and a former Judgment of
this Court is conclusive evidence that lie is en
titled to have said appointment made.
6. That it is not competent for the Legisla
ture to divest the Pl’ff in Error, Young, assignee,
of the rights which lie acquired by the Judgment
of this Court, lieretolore rendered.
7. That a Receiver be appointed by the Chan
cellor below, who after giving Bond with ap
proved security, in a suitable sum for the faith
ful performance of his duty, shall take posses
sion of tho Bridge in controversy, complete tho
repairs thereto, and open the same for public
use; and that after defraying the expense of re
pairing and keeping in order said Bridge,retain
ing just compensation to he adjudged and allow
ed by the Chancellor, and every other necessary
outlay, tiiat he retain the balance of the toll mo
ney ill his hands, subject to future order and de
cree of the Chancellor, as to the rightful owner
ship thereof.
8. That upon compliance of the Irwinton
Bridge Company, or its assignee, with the pro
visions of their charter, the cross Injunctions now
pending between the parties, be by the Chancel
lor both dissolved, and that the Bridge with its
appendages, lie ordered to he delivered over to
the Plff’s in Error.
Judgment below affirmed, and case remanded
with instructions to the foregoing purport and
effect.
Hines Holt, for Piff’s in Error.
Jones, Benning & Jones, and William Taylor,
for Def’is in Error.
Booth, et. al. A
rs. > From Talbot.
Stamper. y
1. The Inferior Court in the State of Georgia
have no right to grant anew trial.
2. When a party by the fraud or misrepresen
tation of the counsel of the other party, has been
deprived of a legal right in the cause pending in
a Court of Law, a Court of Equity will grant him
relief. Judgment reversed.
Hill and Welhorn for Pl’ff. Benning for Deft.
Hammock,
rs. > From Talbot.
Mcßride. y
! Any person may- attack a fraudulent judg
ment in any Court where it comes in contact
with his rights.
2 Interrogatories are inadmissible, where the
witness has moved into the county, previous to
the trial, sufficiently long to he subpoenaed, and
within the knowledge of the party seeking to in
troduce the testimony
3. The answers of a witness must be constru
ed in the usual meaning of the words used, and
should be submitted to the Jury fur that construc
tion. Judgment reversed
Wellborn and Hill for Pl’ff, Worrell for Deft.
Oliver, 1
rs. > From Muscogee.
Pace. y
This Court will not control the discretion of
tho Court below in granting anew trial, except
in eases of flagrant abuse. Judgment affirmed.
Ilines Holt for Pifft Benning lor Defendant.
Adm’r of B. Jenkins, A
rs v From Muscogee.
Lorenzo M. Biggers. y
1. Where a party claims under a Sneriff’s
deed, reciting a sa'e under a Justice’s Court fi fa,
and shows proper diligence in seeking to pro
cure the fi fa, without success—
Held, That secondary evidence may be ad
mitted to show the existence of such a paper.
2. When there is no evidence to the countrary,
the Court will presume that the was an entry of
“ no personal property to be found ” upon the
fi fa, because the Court presumes that every of
ficer does li is duty, and is not guilty of a trespass.
Judgment affirmed.
Wellborn for Pl’ff. Jones, Banning & Jones,
an and II ines Holt for De’ft.
Crawford, Governor, j
rs \ From Decatur.
Foster, et. al. A
Where the securities in a Sheriff s Bond, sign
the same on condition taat two other individuals
sign as co sureties, who never signed the same,
and the paper was never delivered or accepted
by the Inferior Court—
Held, That it was not a valid Bend, ahhouoh
found deposited in the office of the Clerk of the
Inferior Court. Judgment affirmed.
VV. Taylor Pl’ff. Brown & Sullivan for Def’s.
Nelson, A
rs > From Muscogee.
Diggers, y
A Bill of sale warranting a negro to be “heal
thy,” does not include soundness of tnind.
Judgment reversed.
Ingram for Pl’ft'. Hines Holt and Thomas for
Dc ft.
Hargraves, 1
vs > From Muscogee.
Lewis y
Where a Bill of Review is filed by the Defen
dants to a former Bill on the ground of error on
the face of the Decree and one oftlie complain
ants in the Bill of Review moved to strike his
name out of the same on the ground that it was
inserted without his consent —
Held, That tbe Court might grant a judgment
of severance, leaving each complainant to as
sign error or not, but that the Court will not dis
charge the complainant or strike his name out of
the record. Judgment reversed.
II Holt and Johnson for Pl’ff*. Wellborn for
Deft.
City Council, i
rs > From Muscogee.
Howard. j
1. An Action of Trover is not demurrable,
on the ground that it does not “ plainly and dis
tinctl" set forth the Plaintiffs cause of Action.
2. Admissions made in answer to a demand
for payment, are admissible in evidence, and are
not obnoxious to the ob'ection that they were
made in relation to a compromise.
3. When the Court below refuses anew trial,
on the ground that the Jury found contrary to
the evidence, and there is sufficient evidence to
sustain the verdict, this Court will not interfere.
Judgment affirmed.
Johnson for PI’AT. Henning for Defendant.
Clark, et. al. )
ts > From Muscogee.
Cleghorn }
A Hill alleging such facts ns show that a party
is about to be damaged w ithout future recourse
on account of the non-residence of the Defend
ant, and, his insolvency ; and in other respects j
making out a cause for the interference of a
Court Equity, will not be dismissed on demurrer. I
The answer in such a case having sworn oft
the F.quity of the Hill, the injunction will be
and issol ved .—Judgment reversed.
Johnson and Thomas for Pl'ff. Henning for
Defendant.
Weathers; A
rs > From Talbot.
Doster. j
\V rit of Error dismissed because the Bill of
Excepiions docs not specify the errors excepted
to.
Hill for the motion. Benning contra.
Council Cliiiiiibcc, >
February 2, 1849. J
REGULAR MEETING.
Present—The Mayor.
Aldermen Ross, Ayres, Babcock, Carhart,
Collins, Dibble, Shinholser and Sparks.
The Minutes of the last Meeting were read
and continued.
The Bridge Keeper reported Tolls for the
week ending this day, $214 17.
Shinholser &. Whitehurst's bond, as Street
Contractors ; and A.R. Freeman's bond,asClerk
and Treasurer, were presented and approved.
On motion,
Resolved, That M. D. Barnes’ proposition to
wind and regulate the City Clock, for one year,
from the Sist of January, 1849, for the jum of
S6O, he accepted.
AL N. Bareli, Wm. Gunn and H T Powell
were elected City- Assessors for the present year.
On motion of Aid Collins,
Resolved, That his Honor, the Mayor,be, and
lie is hereby authorized to employ such Counsel
as lie may think proper, in all cases where the
City is a party.
Council then adjourned to Friday- next, at 7
o’clock, P. M.
Attest. A. R. FREEMAN, c. c.
MACON MARKET, FEB. 3, 1849.
COTTON.—The cccounts by the Canada,
were received here on Tuesday afternoon, quo
ting an advance on cotton in the Liverpool mar
ket of $d a pound with heavy sales. This news
had the effect of raising the price hero \ a |c.
and sales were effected on Wednesday at from
6to 64 cents. Further accounts by tiiis arrival
however, have caused prices to recede to those
current last week, and the market closed rather
dull last evening We quote as extremes to-day
sa6jcents—principal sales at from 5| a 6 cents-
COTTON STATEMENT:
Received in the Warehouses in the month of
January, 24,122 bales. Os this, 20,336 hales
were received on the West, and 3,786 bales on
the East side oftlie river.
The receipts up to January, into the Ware-
Houses, were, 59,353 hales
Receipts in January, 24,122 “
Total receipts in Warehouses to i
February Ist, 1849, J 83,475 “
Receipts to same date last sea
son, 72,731 bales.
Amount forwarded by Central Rail
road to Savannah, in January, from
Warehouses 12,156 hales
Forwarded by Boats. - 900 “
Forwarded previously ,31,702 “
Leaving a Stock on hand on the
first day of
Against 22,420 bales, same time lastyeur.
Received by Macon &. Western Railroad, in
January, 10,988 bales—of which 9,4U7 were
sent to Central Railroad Depot, and 1,581 to
the Ware-Houses. Total receipts by Macon and
Western Railroad this season, 38,662 bales.
Total amount forwarded this season from Ma
con to Savannah, 71,743 hales.
SAVANNAH, JAN. 31. Cotton— The effect
of the Canada’s accounts on our market is not
yet known. Sales of the week sum up 7,049
hales at from 5| to 7c—principal sales at 6j a
64 cents.
CHARLESTON, FEB. 1. The Cotton
market yesterday was depressed with prices
rather in favor of the purchaser. The opera
tions were limited to 940 bales,at prices ranging
from 5J to 7 eents.
Dagucrreotypiiig;.
Til R. BURNETT has resumed Dagucrreo
-ITX typing, with aii tiie improvements of the
present age, at his Rooms adjoining his Store,
on Cotton Avenue.
feb 310—2 t
Medical Notice.
IVERSONS indebted to the firm of Drs. Me-
GOLDRICK & Q.UINTARD, are respect
fully informed, that after tiie 15th of February,
all accounts unsettled up to that date will lie
placed in the hands of an Attorney for settle
ment.
O’Tlic Medicine accounts due Doctor Me
GOLDRICK, for 1846 and 1847, must be settled,
or they will he placed in suit instanter.
feb 310—3 t
Stop the Runaway.
llan .way from the subscriber, living
in Houston county, on the 2.1 instant, a
Negro Man by the name of JEFFERSON.
xk/5 - He is forty or forty-five years old, light
brown complexion and very intelligent. He
can reail and write, and will doubtless attempt
to pass himself off as a free man. lie was for
merly a Patroon on the Oemulgee River, and
will no doubt make his way to Darien,Savannah
or Charleston.
A libera! reward will be paid for his appre
hension and delivery to me, or his confinement
in any Jail so that 1 get him again. Any infor
mation respecting said boy, will be thankfully
received, and can he addressed to the undersign
ed at Busby ville, Houston county, Ga.
JACOB W. BASON,
jan 20 B—ts
Great Reduction in l m rices at
B A iV’ F K O P T * S .
ONE THOUSAND YARDS Fine Mouslin
Do Lain, at 12£ cents per yard
2,000 yards Fine Ginghams, at 15 cents per yd.
5,000 do Calicoes, nt 6| to 8 *• “
also:
200 pieces Kerseys, at 10 a 12. J “ “
500 Negro Blankets, at G 5 a 75 cents each,
jan 13 7
Tin manufactory.
THE undersigned respectfully informs the
M. citizens of Macon and its vicinity, that lie
is prepared to execute all orders in the TIN
MANUFACTURING LINE, with neatness
and despatch. His Shop fronts on Second Street
opposite the Marine & Fire Insurance Bank.
He offers for sale a Set of Tinner’s Tools.
THOMAS K. JONES,
dec 2 I—ts
MEW WOODS! NEW WOODS!!
,1t HJUTCROFT'S , Cotton Avksui.
SELLING OFF, at and tinder Xttc York Cost.
Dec 2 I—ts
Bin > O »Y viituns,
!' 1 ■ Have nowon hand a large assort-
WTri foutjls,
* m J » from the celebrated Manufactories
of NUNNS & CLARK,and J CHICKERING.
Also, PI.UXOS with Coleman's much improv
ed /Eolian Attachment with tuneable Reeds.
Our stock at present consists ofEiglity Rosewood
and Mahogany eased F2 A <> S * (Macon
and Columbus, Ga.; Montgomery, Ala.) and we
are continually receiving new additions to our
stock.
All ofilm above Instruments will he sold very
loir for cash or approved notes. Every Piano
sold by us, will he wabiiantf.ii for one year—
and can he returned should any defect he found
in the instrument.
Also, fine American and French P 1.1 .V 0
C O V F. R S and STOOLS, to correspond
with the Piano.
BRUNO & VIRGINS take this oppor
tunity to correct a false statement which has
been made in two of the Columbus papers, viz :
“That Mr. Ilr.itz, when lie gave his Concerts
here, had used and preferred a Bacon Raven's
Piano to all others in this city" —by which the
advertiser intends to make the public believe
that Bccon At Raven’s Pianos are superior to
Nunns &. Clark’s and Chickering’s, which we
keep.
\Vo deem it due to our customers and the pub
lic generally, to say, that Mr. Herz Jirst culled
on us (with Mr. John Forsyth) and wanted one
of Chiekering's siren octave Pianos ; we had
sold the last one of this kind two days before the
arrival of Mr Herz, to a gentleman of Columbus.
Mr. Herz wished us to see the gentleman and
get the instrument for him—which vve refused
to do, for reasons that we explained to him.
Knowing that Mr. Ilerz’s Concert Music is ar
ranged for seven octave Pianos, we said to him
that “perhaps Mr. Reps could accommodate him
with a seven octave Piano," which ho did. 80
it happened that Mr. Herz accidentally got tlie
use of a Bacon & Raven’s Piano instead nf
Chiekering’s, which he preferred. Mr. John
Forsyth, who was with Mr. Herz, cun testify to
the above statement.
Mr. Herz has always preferred Chiekering's
and Manns $,• Clark's Pianos. W hen ho gave
his Concerts in Boston, lie used a Chickering’s
grand Piano, and left his own at the Hotel.
And he ought to know.
There is now in this city one of Nunns di-
Clark’s splendid Grand Piano Fortes, which was
purchased last summer for SI,OOO, and was se
lected by an eminent Professor of Music ; at the
same time Nunns &. Clark received an order for
one at $1,600 ! In a Boston paper we read an
account of a Piano made by Chiekeritig for tho
lion. Caleb Cushing, for $2,000 ! (or $2,200,
we forget which ) This is tho truth, and no
“upper-ten” humbug.
By such instruments the Manufacturers prove
that they can satisfy the most particularcuslnmer.
In a few days we shall have some of Chicker
ing’s and Nunns & Clark’s low priced PIANOB,
which wo will sc!! here, with Stool and Cover,,
for $250.
o>Just received, and directly imported from
Europe, 13 Cases of GUITARS, VIOLINS,
BOWS, BRASS INSTRUMENTS, FLUTES,
ACCORDEONS, STRINGS, &c.
leb 310—2 t
CHAR L E S REPS’
.7leant c W'areroom , It road Sired,
COLUMBUS, GA., NEXT DOOR TO
MULFORD’S—UP STAIRS.
At this establishment can always
found a splendid assortment of
J J H J J ROSEWOOD and MAHOGANY
P/.1.Y0 FOHTI-S, from the celebrated
Manufactories of BACON dt RAVEN, and H.
WORCESTER. They are offered at tho Manu
facturers' retail prices, (adding only expenses of
transportation) and warranted to give entire sa
tisfaction. Tiie ready sale the above instruments
have met with here and elsewhere, is the best
proof of their superiority. Messrs. BACON &
RAVEN received from the American Institute
the first Premium (Gold Medal) for the best
Piano Forte.
Mr. 11. WORCESTER was formerly a part
ner oftlie old and well known firm of Slodart,
Worcester & Dunham ; his manufactory in New
York stands high iri favor with the “upper ten.”
Also, .Eoliatl PlailOS, from tho cele
brated Manufactory of T. GILBERT &- CO.,
Boston.
Patisio Covers aiad SSools, FRESH
STRINGS, NEW MUSIC, Foreign MUSIC,
Ferrett’s cheap Music, (3 cents per page, Cata
logues furnished gratis,) Instruction Books,
Primers, Singing Books, Music Port Folios,
Cremana \ IOLINS, and cheap FIDDLES,
FIFES, FLUTES, ACCORDEONS and GUI
TARS, and a variety of Articles usually kept
in a Music Store.
Bands luviiishnl vvltli Brass Instruments.
Remember, the Piano Mr Herz— the celebra
ted Pianist and composer—selected for his Con
certs in this city, was a “Bacon & Raven”
from this establishment, and he ought to know.
Columbus, January 16, 1849.
To the Public.
The Proprietor of the above establishment,
having been accused in last week's Democrat,
by Messrs. Bruno Virgin*, of making a “false
statement” in regard to Mr Ilcrz’s selection of
a Bacon & Raven Piano, all persons who take
sufficient interest in the matter (that lias remain
ed undisputed for the last two years,) are res
pectfully requested to read the following corres
pondence and judge for themselves, who lias
made a “false statement.”
G< LUMIiUS, Ga., 19th Jan., 1849.
John Forsytii— Dear Sir —l take the liberty
to hand to you an advertisement of Messrs Bruno
& Virgins, in one of the late city papers, ill
which I am accused of making a -‘false state
ment,” and to support which accusation your
name is cited as a witness
Will you do me the favor to state your recol
lection of the transaction referred to ? Very
respectfully. CHARLES REPS.
COLUMBUS, Jan. 20, 1849.
Mr. Charles Reps— Dear Sir — 1 n reply to
your note of yesterday, I have to regret that
M essrs. Bruno & Virgins have called 011 1110 to
testify in a matter of difference between you ; at
least without consulting my recollection of the
facts lam cited to prove. Had they consulted
me, I should not now have to say, that the, testi
mony of my recollection does not support their
“correction of n false statement.”
The facts are simply, that at the request of
Mr. Herz, 1 went with him to both establish
ments —yours and Messrs. Bruno & Virgins’—
and after trying several instruments in each, he
selected a “Bacon & Raven,” front yours ; and
not because it was a “seven octave” (for it was
a six octave,) but, as I understood him, because
lie preferred it. Respectfully, yours, etc.
JOilN FORSYTH.
fell 310 —2 t
Giinsmitliiiig.
riIHE Subscriber having purchased theentire
J, interest of Mr. E. 8. ROGERS, in tie
above business, is prepared to carry it on, on his
own account,at the old Stand ori Cotton Avenue.
Double and Single Barreled Guns, Rijies,
Pistols, Powder, Flasks, Shot Pouches, Caps,
Powder, Shut, Lead, § c.,for sale.
All Work done with neatness and despatch,
and warranted. Terms Cash.
THOMAS M. EDEN.
dec 2
J. 1’ bickering’s A Nuuns&Clntk’s
PIAITO FC3.T3SS,
For Sale by BIIU.NO & VIRGINS.
riNO THE PUBLIC.-—lt is with reluctance
fl- that wo fuel ourselves called upon to ex
pose some of I lie “hnnibnggory” which has fur
some time past been attempted upon the public
credulity, by a rival dealer, in the sale of Piano
Fortes in tins city. He has, however, provoked
the exposure by his clap-trap devices to gain
business at the expense of his competitors, and
is therefore entitled to that notice which we pro
pose to bestow upon him.
In the matter at issue concerning .Mr. llcrz's
choice ofa Piano, we are not at all surprised that
Mr. Forsytii dues not exactly recollect the cir
cuin-tanccs as tin y occurred in our store, inas
much as it was ol little or no importance to him
at all. He will therefore excuse us for depend
ing rather upon our certain recollections of an
incident which was important enough to make
an impression upon 0111 mind, than upon his im
perfect recollection of the same, even had we
no reason to suspect a bias of mind on his part
in favor oftlie man who is his teacher in instru
mental music. Whether the Piano used by Mr.
Herz while here was a six or seven octave, is not
very material. It was one chosen by him after
he had failed to get ono of Chiekering’s seven
octave instruments from us, and which lie was
most anxious to get t li rough our means, we hav
ing sold the last of that kind a few days before
to 11 gentleman of this city. For further proof
that Air 11. was not satisfied with the instru
ment of which Mr. Reps makes such boast, Mr.
fyvori (Herz’g partner) the next morning alter
their concert, sjioke of its performance in a very
different light from that represented in the ad
vertisement ofMr. Reps. We can also prove by
our clerk, then with us, that Air. Herz did not
sit down and try our instruments, hut played
with one hand on a German Piano which stood
in the front part of our store,, aid which we af
ter some time opened for the gentleman ! From
the company with whom he came into filestore,
we knew that a [inference would he given to an
instrument from Mr. Reps’ establishment, if one
could there be obtained near equal to any we
then had on hand, and therefore w e advised .Mr.
Herz to go to Mr. Reps, which lie accordingly
did. But it is idle for Mr. Forsyth or Mr. Reps
to say that Mr. Herz i.'id not first seek one of
Chickering’s seven octave Pianos, before putting
up with the six octave he afterwards used. If
our competitor's willing witness “understood”
Mr. Herz to “ prefer ” tho one used, before all
others, why solicit from us tho use of one of
Chiekering's seven-octaves, at all—and why re
quest us to get for him the use of tho one we
had just sold ? The public can answer these
questions to their own satisfucrion.
Having thus disposed of this small matter, wo
proceed to notice a few of the “tricks” of which
our competitor has been guilty, since he com
menced his present business in this city.
1. A gentleman 1 ik» cl a Foreign Piano which
was in our store, and mentioned the fact to Mr.
Reps. The latter told him that wo hud sold
one. exactly like that, to Air. Forsyth, who had
used it only a year or two, and was then willing
to sell it for half price! Now, Mr. Reps never
saw the Piano which was in our store, and lie
has shewn his ignorance hy saying that a Piano,
w ith the English (most durable) action, such as
that was, was exactly liko the one oftlie Vienna
(a very light arid pleasant) action. He might as
well have said that light and darkness were ex
actly alike ! This was trick No. 1 intended to
injure us, although it is well known that we
have always, for obvious reasons, refused to
warrant foreign Pianos which w ere sent to us L>y
a friend, without our order.
Trick No. 2—consisted in advertising a “Cau
tion” to the public to look out, least they should
he cheated in the purchase of Gilbert’s' Pianos,
unless they were sure the name ofT. Gilbert Hi
Cos. was on the instrument. We were selling
the instruments of Lemuel Gilbert at the time,
which was a different concern from that of his
brother,T. Gilbert! Tho object of this trick
was to create the impression tiiat we were sell
ing counterfeit instruments, and of inferior qual
ity to those sold hy Mr. Reps, although the in
struments of L. T. Gilbert were both ranked
rn the third class by a committee of mechanics
who were appointed to examine Pianos, at the
Third Exhibition of the Massachusetts Charita
ble Mechanic Association, in 1841—see Report
of the Association for that year, page 86, where
it will also he seen that Chiekering's Pianos
were ranked in the first class, and won the gold
medal.
Such are some of the devices which have been
practiced to injure our business, hut which have
so far failed, as our trade is on the increase, and
vve can and do sell the best Pianos at loss profit
than any other establishment. Air. Reps him
self has recently boasted that ho made more
profit from the sale of one Piano than vve bail
from the sale of three, on the same dav—and lie
probably made a correct statement this time, if
he never dad before !
In conclusion, vve do not deem it necessary to
say ono word in recommendation of Nunns &
Clark's and Chiekering's Piano Fortes, which
vve keep on hand for sale. Neither do vve mean
to say any thing against tlie instrument
sold by Mr. Reps. All we want is a fair and an
honorable competition. Let our neighbor do all
that lie can to extend his business, by fair means,
and vve shall not complain. We have no de
sire to injure him, or vve might have done it by
accepting an agency proffered to us to sell the
Pianos kept by him. Neitherdo vve envy his
success, (or vve have sold three Pianos to bis one,
and more since lit; commenced than before, be
cause a greater trade is brought to a place vv hero
there is competition than where one house is
supposed to hold an exclusive monopoly ofan ar
ticle. But vve are determined no longer to sub
mit, in patience, to the many sly movements
which he and his friends mav set on foot to ag
grandize himself, at the expense of truth, justice
and candor. BRUNO & VIRGINS.
P. S. We have a few words to sav to another
individual who has so opportunely and quite
accidentally, of course, come to the aid of Mr.
Reps. Dr. O. P. Laird, having one “ Grand
Piano” of Mr. Ilerz’s manufacture for sale, seems
to think that our recommend.it ion of Chiekering’s
and Nunns dc Clark’s Pianos) and our statement
that Mr. Ilerzon one occa-ion used Chickering’s
instead of his own, in Boston, were calculated to
injure the sale of his property, and has therefore
kindly informed the public that Air. Herz only
did so out of compliment to Mr. Chickering !
Very well : he was probably sincere in the com
pliment, and if so, it shows that Mr. llcrz was
manly enough to acknowledge merit, even
though found in a competitor. 80 far, then, vve
were correct in our statement on this point. As
to any attempt to prevent the sale oftlie Doctor’s
Piano, vve plead not guilty. The article is not
as saleable as others better known. Even the
name of tin; “Pianist of iiis Majesty,” the exiled
King of the French, around whom certain gen
tlemen “I cho know" all about music, danced at
tendance so gracefully when Mr. Ilerz vvas in
our city—ns manufacturer of l’i.mos, lias so far
failed to elicit a single order through us in four
teen years. Why, then, should Dr. L. suppose
that the lady to whom ho expected to sell his
instrument, was influenced by U3 to send else
where for a Piano ? Let him Bsk that lady, and
he will discover the fact that we knew nothing
oflier purchase or intention to purchase in New
York, of Nunris & Clark, until vve had received
notice that the instrument vvas shipped to our
care, and vve wero expected to put it up for the
owner, when it arrived. We arc, however,
unwilling to admit that Air. Herz, who is a com
poser of music, residing in New York, can make
any better instruments at his manufactory in
Paris, France, than can he furnished ly us of
American construction. The instrument of Lr.
L. is probably a good one. It may be “A No. 1,”
hut it will not sell any the sooner because the
owner puffs it beyond measure. It will rpeakfor
itself, Doctor, if its voice has not been impaired
by old age, or some other vital disease to which
such things arc subject, especially if beaten un
mercifully ! B. & V.
O’ To show the public what is the character
of Chiekering’s Pianos at the North, w e append
an extract from the Report oftlie Committee of
the Charitable Mechanic Association of Massa
chusetts, for the year 1844. And what is thcie
said of Chiekering's Pianos may also be said of
Nunris it Clerk's, of New York. 'I he latter
stand No. 1 in that city. For several years
Nunns & Clark have not sent Pianos to the ex
hibitions, but always received the gold medals,'
when they did send. See Report of above Asso
ciation for the year aforesaid, page 126, for the
tollowing :
“There is one manufacturer, however, (No.
75.),) w hose instruments take precedence of all
the others, with so unquestionable a pre-emi
nence, that the Committee felt not the slightest
hesitation in recommending the award, to him,
ot a Gold Medal. And this they did, on tw o
grounds ; not only for the decided superiority of
his Square Pianos, which, it is no exaggeration
to say, may be fearlessly placed in competition,
with the host that Europe can produce. Mr.
Chickering's Pianos, of both kinds, are of to
delightful a tone, so delicate action,and so firm
and enduring construction, that they need no
medals to give them celebrity ; an'd it might
seem superfluous to give encouragement to orie
who has already received the iiighest recom
mendations But the Committee were appoint
ed, not simply to give encouragement to any per
sons, but lo decide, According to their ability,
upon the relative rank of the instruments pre
sented t 1 them ; and it would be nothing short of
glaring injustice lo lay aside the claims of the
instruments acknowledged to lie tho best, be
cause the maker of them had always produced
the best. So much the more docs lie deserve
the highest reward for his skill, enterprise and
industry ; especially when he is seen to go on.
diligently and steadily, in thccourseofiniprovi
ment,and his competitors find, when they ar
rive at one point—where he has long stood be
fore them—that ho has reached another, and
that without more than common speed, they
cannot overtake one, who unites, with all their
ambition, u perseverance which may he equalled
hut not surpassed. Mr. Chiekering’s manufac
ture is an honor to the community, in the opin
ion oftlie Committee ; and they would omit no
proper opportunity of lieurit.g testimony to an
excellence, which makes them feel more proud
of their city.”
leb 3 ' 10—It
“A LITTLE MORE GRAPE.”
fJMIE undersigned, t r ue to his promise, again
I presents to the Public more data on which
they can safely base their calculations relative
to the respective merits of the depleting system
of the disciples of Esruhipius, and of that invig
orating and phlogestic one of which he is proud
to he the advocate.
Leaving the stilts of egotism and shafts of rid
icule for the use of those who have nothing bet
ter to stand on, and no other weapons for attack
or defence, he selects Lis standing on truth, am!
uses such support only as merit gives him ; and
for weapons, he chooses simply to assail tiie
ranks of the enemy occasionally with “a little
more grape,” in the form of facts,which are evi
dently the hardest kind of arguments since they
often administer to Ins quiet amusement hy the
terrible destruction they cause among the stilts
and tho ludicrous effect they produce in causing
certain individuals to laugh, as it is expressed in
homely phrase, “on t’other side tho mouth.”
The Mexicans arc not the only people, these
days, whom vanity has blinded to their own de
fects ; neither can they claim much superiority
in tho way of fancied eminence and blustering
bravado over many that live a great deal nearer
home. A salutary lesson has latterly been giv
en tho former hy the Americans, and the latter
may ere long take “ another of the same ” ala
mode dc Taylor.
After the following there will still be “a few
more left.”
Georgia, Joses County, 1848.
This certifies that for more than four or five
years my wife was afflicted with a disease pecu
liar to her sex, and notwithstanding all that we
could do, she still continued to get worse. The
Physicians in attendance had exhausted their
skill without rendering her anv assistance till,
in 1844, when she was confined to her bed in a
very low condition, 1 got her last attendant to go
with me to Macon and lay her case before Dr.
M. S. Thompson, who, without having seen her,
prescribed and sent her medicine that soon re
lieved her. and in the course of a short time re
stored her to permanent health. She has now
been well about four years and rejoices in the
recovery of her long lost health.
FRANCIS B. IIASCAL.
Macon. June 22d, 1848.
Dr. M. S. Thomson,
Dear Sir :—Deeming it a duty I owe to your
self as well as to the afflicted generally, I have
concluded to give you a short statement of niv
case, which you are at liberty to publish if you
think that the best mode of thereby subserving
the interests of suffering humanity.
In May 1841, after considerable exposure to
cold, I was attacked with Asthma, which pros
trated me very much, and notwithstanding all
that could be done to prevent it, it continued to
return about every two weeks lill in 1846, I ap.
plied to you. Between these attacks I bad a very
severe cough, which led some of the physicians
to whom I applied to believe that I had consump
tion. 1 applied to physicians of both the Min
eral and Botanic schools, of eminent general
qualifications, but all to no benefit, for 1 contin
ued to get worse,so much so that I had reduced,
from being a strong, fleshy man,down to a mere
skeleton and could hardly creep about—When
I applied to you, I bad but little faith in being
cun and, though I had witnessed some wonderful
results following your treatment, especially the
cure of that crazy woman you bought of Aquil
la Phelps, in Jasper, yet they gave me confi
dence and by persevering in the use of your
remedies, and as it were linping£pgainst hope,
I am much gratified in being able to announce
that ! have got entirely well, for I have bad but
one light attack in twenty months, and that was
eight months ago. I have now regained about
my foriper weight, and feci as strong as almost
any man ofSfty-one, which is tny age. Without
disparagement to the characterofthe otbercures
that have so frequently resulted from your prac
tice, I do not think that any of them can beat
this, for confirmed Jisthmei combined with a
Consumptive cough, especially where the flesh
has wasted, has long been classed among the in
cureables. Most respectfully,yours,
11. LIGHTFOOT.
The undersigned still continue* to treat Chro
nic cases from a distance at his offioe,or either of
the city boarding bouses, and at a distance,
through the mail or by private hand. Those
who dont require personal attention, are treated
nt five dollars per month, those who do, at the
usual moderate rates. Those who are able to
pay must expect to do so, without variation front
our terms, unless a distinct bargain is made,
those who arc riot, will be trented gratuitously. ,
Letters must be 'post-paid, and add.es&ad
M. 8. THOMSON,.M D- .
fob 3 Macon. Ga