The Southern museum. (Macon, Ga.) 1848-1850, February 03, 1849, Image 3

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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