Below is the OCR text representation for this newspapers page.

MORNING NEWS. BIT JOHN M, COOPER. W. T. THOMPSON, EDITOR ~ T~ terms: DAILY PAPER $4 00 | TRI-WEEKLY $2 00 A11 New Ad vortiscment a appear in both papers. Supreme Court Decisions. Abstract of Decision* of the Supreme Court at Macon, February, 1850. Case No, .1. Rogers vs. Evens. From Bibb.—‘Case not decided. No. II. Benton vs. Patterson. From Bibb—A testatrix died, leaving three dough SATURDAY, FEBRUARY 23,1850. EF- Mr. D. H. Galloway, is duly author ized to receive^ subscriptions for the Daily Morning News. fc#° See Postscript. tarsi she bequeathed them certain slaves in trust. Trustee was to “divide and distribute her estate between her daughters.” The pro perty “exclusively intended for the use and bene fit of her daughters and their increase, if any." If a certain suit was recovered, to be also “dis tributed as above.” If either died “without issue,” to go to “survivor or survivors.," If “all depart this life” Without , the proper ty to’lje delivered over toC. E. and her issue for ever. Held—That this was not within the rule of Shelley’s case ; did not create an' estate tail, so as, under our Act of 1821, to vest a fen simple in the first taker, one of the daughters ; and hence, that the corpus of the Trust pro perty was not subject to levy and sale for the debts of the husband of said daughter. Judge' ment affirmed. Poo and Nisbet for Plaintiff in Error, Powersand Whittle for Defendant. No III. Davis vs. Irwin. From Bibb.— The Sheriff showed for cause, that one of the three negroes sold had been delivered to the purchaser, who refused to pay for her, because she disappeared before ho got her home; that •he was sold and delivered without puy, in pressure; of tho ngont of Plaintiff and Defend ant, said ag’t huving had possession and con trol during tho levy; that without this negro there was no overplus, with her. there was.— Held 1. That this private urrangement (as to an agent monaging the slaves during the levy,) did not protect the Sheriff from a Rule for the pro ceeds of the whole sulea. 2. That tho remedy against a Sheriff as for a contempt, extends to defendants a s well us plaintiffs'. 3. That though it did not appear from what Court ihe fifas levied had emanated, yet as the Sheriff waived that, and admitted u surplus, he was in contempt'of the Court. 4. But that after a rule ubsolute to pay over money (although sixty days were given to raise it in,) it was emir in the Court to embrace in said order an attachment absolute, without the Sheriff having been first culled on by an attach ment Ni. Si. Judgment reversed. Hall & Hall and Stubbs & jLesler for Plaintiff in Error, McDonald and Powers & Whittle for Defen dant. No, IV. Macon & W. It.-Rond vs. Holt. From Bibb.—Held, That the company having taken on board their curs for transportation a •lave having a general “pass,” without the con sent, expressed or implied, of his owner, com mitted a tart; and were liable for all the in jury that the siavo may have sustained in con sequence of such tort, whether the injury re sulted from the negligence of the Company or not. Judgement affirmed. Poe and Nisbet for Plaintiff in Error, Powers & Whittle and Chap pell for Defendant. No. V. Dean vs. Traylor. From Bibb.— Where a mother and three children were sold under warranty of soundness and the mo ther died of consumption, which was prov ed to he an hereditary disease, the Jhry found damages not only for the loss of the mother, but also for tho supposed constitutional taint in the children. Held—1. That this finding was erroneous. That, to justify tho finding, one of two things further should have been proved : either that the mother herself in herited-the disease, or that the ohildrcn were born after it seized her. 2, That for the reason stated a new trial would be awarded unless plaintiff below would remit the otie bundled and fifty dollars dama ge* which, it appeared, were given gn account orthe children. Judgement reversed. Mc Donald and Powers & Whittle for plaintiff in Error, Poe and Nisbet for Defendant. No. VI Judge, a Slave, vs. The State of Georgia. From Houston.—In this case it was North and South.—Every observer must be struck with tho growing disparity of senti ment between the North and 8outh ; and every reasoning man must see in this sectional alien ation aad estrangement, the most alarming por tents of evil to our race and nation. Conflicts of interest have long been wa D ed between muc j 1 j nt i, e Ban i e manner as Lord Ashburton Militart Parade.—Yesterday being the22d of February, the Military companies of our city paraded in^the Morning with full ranks, and not withstanding the absence of the Blues and Ar tillery, now on a visit to Charleston, made quite a formidable appearance. During the day the respective companies marched through the principal streets, enlivening the city with the marliul music of their bands and the gay ap pearance of their brilliant uniforms. Savannah Volunteer Guards, Cnpt. Rich ardsons, fired for a prize Musket. Distance 80 yards, which was won by private George Battev. The German Volunteers, Capt. Steigoin, fired a salute in Monument Square, which re flected much credit on them, and proved that they aro a well drilled corps. They did not lire for a prize. The Phoenix Riflemen, Capt. Mills, march ed to their usual shooting ground, and fired for n prize Rifle, which was won by Ensign J. T. Buckner: distance, 100 yards; 3 shots mea suring 12J inches. The Irish Jasper Greens, Capt. Devant, fired for a case of Rifle Pistols, and a Bowio Knife; privute P, Gkyran, won the Pistols, and 2d Sergt. O’Bryan won the Knife; distance 100 yards, off hand. The Chatham Fusiliers Capt. I.aw, also, paraded yesterday. This is a new and promis ing company of juveniles. They made quite a soldier-like appearance, considering tho ab sence of whiskers and mustaches. They fired a salute in Monument Square. In the Afternoon the Washington Fire Com pany, honored the day by parading through some of the principal streets. They mode a very creditable appearance," and their appara tus appeared to bo in fine order. (Correspondo-ice of tlis Morning Hews ) w WASHINGTON, Feb. 17. The aspect of the negociation between'Eng land and our Government jn reference to the Nicaragua question, has entirely changed with in the last two or three days. Mr. Lawrence, cent to the Court of St. James very Athenasum.—The veteran Booth, makes his last appearance on our boards to-night, in his great character of Richard III. It has been perhaps, justly said, that since the days of Se nior Kean, there has been no Richard but Booth. This is, perhaps, the last time that the Savannah public will have an opportunity of seeing him in that character. We understand that Miss Davenport, the young lady who has created such a sensation in the North and West, will make her first appear ance here on Monday night. The managers are determined that there shall bo no lack of attraction. See first pnge. 1. That it was illegal, and a good ground for certiorari, that the Inferior Court, after regu larly making a Jury, discharged them (and so far as appears without cause,)and proceeded to enipannel another jury. 2. That it' was not cause of challenge to the array that one of jho twenty-four Jurors was served not personally but by notice left, at his house, as said Jufor„vflc<«a?i!y had notice, and obeyed it by attending; might be another ques tion if the Juror was seeking to ava<l himself of want; of actual notice. 3. A Juror being called, and one of a differ ent middle narnt appearing, saying there was U mistake in his name, it not appearing that there was a person of the middle name called, it was not error to put that Juror on the Pri soner. 4. The State’s counsel having announced “ closed for the present,” and Prisoner’s coun sel being called on, who declinod introducing any evidence, and the case being submitted to the Jury, it was error to allow the State to then introduce the warrnnt and other preliminary ^proceedings, to sustain the indictment. And 5. That the said preliminary proceedings vere material to be averred and proved, in or- ier to give the Court jurisdiction. What Jenny Lind is to Get.—We may expect to see the papers teeming with marvellous stories about Jenny Lind, now that she is coming to America. Some editor calcu lating largely upon the verdancy of his readers, and pretending to know even more about the terms of tho contract than any body else, says Barnum 1 is to give the Queen of Song $375,000 for one hundred and fifty nights, or $2,500 for each night she sings in America. Barnum is not so'green as to give Jenny such terms as these, which we think, as a business transaction would bo discounting the notes of the Swedish Nightingale, at rather an exorbitant premium. There is scarcely a concert room in the Union that would hold the amount at any thing lilto a reasonable price for tickets, and it is to be ex pected that Barnum would take care to have a small margin upon expenses. In New York, Boston, Philadelphia and Baltimore, Jenny would excite a furore that would fill the largest saloons at a dollar a ticket; but even in these cites the people would scarcely be willing to pay auction prices for tickets for more than a night or two ; and if she confines her concerts to those citios alone, we doubt if the manager would make much by the speculation, even if he were to pay her but half the sum name!. The subject brings to our mind a witicism of the inimitable punch, perpetrated at the time when tlie people of the English Metropolis were running crazy after the great violinist Paganini. Punch has it— “Who were they who paid three guineas, To hear u tune of Paganini’s 1 Echo—Pack o’ninnies's." If Barnum should attempt to levy “war prices” for Jennet’s concerts, the same coup let would be revived, with the substitution of Pretty Jenny's for Paganini's. North and South; but never until within tho past two years have the two sections been ar rayed openly against each other in an issue in volving their political rights and equality in die Union. Whatever might have been the outcry of brawling politicians on either side of the line, there Wag a conservative Spirit in the land which held disorganiiers and revolutionists in check, and rendered harmless their puny efforts to disturb the integrity of the Union. But we fear that spirit ha* succombed, and that even those to whom we once looked for cool, dis passionate. patriotic action, have imbibed the reckless, fanatical spirit of the age. If this be true,if sectional prejudice has tnken the place of national patriotism, what hope is there for the Union? The daily reports of the proceed ings at Washington, would naturally suggest such reflections, hut the subject has been brought to our mind by tho notices which we have seen of a late speech in the House, bvtlio Hon. Horace Mann, of Mass. Of this speech we have two views, one by a southern, tho other by a northern man ; both writers are moderate men, and their articles appear in journals no- tod'for their dignified, temperate course on the great question of the day. We select a para graph from each os showing the diversity of northern and southern sentiment and opinion, and as affording an evidence of the utter hope lessness of a (air discussion or reconciliation of our difficulties, while We are so wide apart in feeling, interests, and sentiment. We take our first extract from the correspon dent of the Newark Daily Advertiser. The writer says: Mr. Mann of Mass., made a speech in the House to day, which for patriotism of spirit, is the pattern speech of the session in the lower branch National Legislature. He show ed conclusively the constitutionality of the power of Congress over all territory annex ed to our domains, and contended for the right to legislate for such territory ns the people thereof may lawfully desire. Ho wns calm, kind, conciliatory, and gentlemanly throughout; and if his arguments did not convince those who differ from him, they must all have ad mitted the splendor of hi* intellect, and the nobleness of his soul, na a Representative of the Old Norfolk District of John Qumcy Ad- an.s. Our next extract is from tho correspondent of Ae Charleston Courier. The writer, speak ing of the same speech, says: I am sorrv to be obljgcd to say, as a faithful reporter.thatall our southern friends here are ex tremely indignant at the speech of Mr. Horace Mann. The Southern lodios of my acquaint ance lire much incensed at his remarks. Il they had come from Giddings, no one would have cared a straw for them. But here is s pre-eminent scholnr, a man of social character, a philanthropist, a man who has devoted his life to the cause of Education, and who has impressed his sentiments upon the rising end a large part of the risen generation—-and he proclaims that it is the fired purpose of the North that slavery shall never go into uny new state or territory; and he bids the South to sub mit or beware ! Hegoes further. Ho draw a vivid picture; with what Byron would have called a “diabolically clover” , hint, to show what the South is to suffer. Do not these comments on the speech of Mr. Mann, afford an alarming illustration of the adverse attitude in which wo,stand. Outrage af the South is patriotism at the North ; and what we would call patriotism at the South is denounc'd as treason at the North. Talk of compromise! Where lies the na tional ground of equal justice and patriotism, between these extremes ? Or where is the statesmen who enn assume that ground and bring us hack to it ? POSTSCRIPT. Late frosHa came hither, for the purpose of reconciling all conflicting interests. In each cane, the two governments could not have selected men bet ter qualified to fulfil the mission. The coin cidences in their history were striking, and they had both passed the age of recklesnness, whereby the peace so long existing between the two countries could possibly have been en dangered. The negociation was suspended in England, by the illness of Mr. Lawrence ; in the meantime, other points had arisen, that rendered Mr. Glsyton impatient of delay, and ho undertook to negotiate here with Sir Henry Bulwer. The British Ambassador, it seems, was not emnowed to treat, but he knew per fectly well tho views of his government in re gard to some points. Mr. Clayton, than whom no man is more impulsive, urgently reiterated his wish to open the negociation. Mr. Bulwer expressed his earnest desire for the final ad justment of the question, and said, ho would do nothing in opposition to the wishes and views of this Government.” Mr. Clayton setting aside, the customary forms of diplomacy, unad visedly submitted to Mr. Bulwer, the projet pf a treaty which the envoy received, at the same time repeating his inability tu sanction it, and despatched il forthwith to his Government. Ai cabinet meeting, on tho 9th inst., some dis satisfaction was manifested at. the course Mr. Clayton had pursued. So far from his policy meeting their views, they decided against him; whereupon, Mr. Clayton discontinued his at tendance at the office of the State Department, and his resignation is well known to be fully determined upon. The delightlul spring-like weather we are en joying, brings out on the avenue, an immense concourse of persons. At no former period, was the city ever more crowded. The atten dance at the'different churches, is universally great, and the Representative Hall, when opened for Divine service, is literally crammed. The questions that have occupied our undivided attention of late, still deepen in interest, and produce intense excitement. Mr. Clay is the cynosure of ail eyes; wherever met with his pres ence has 1 a cheering influents. Mr. Calhoun is bent upon addressing the Senate next Tuesday, although, to judge from liis pallid countenance, and attenuated frame, it would seem impossi ble, that mind could so triumph over matter. Mr. Webster, who has taken no part in the dis cussions of the session, has at length shaken the poppies from his brow and lazily raising himself from his seat—whero he is scarcely ever seen,—and in a few words of wisdom, which had a potent effect, advjsed the Senate, to a tranquil, deliberate, and full discussion, of the whole subject before them. The sugges tion was tacitly agreed to, and the great debate, involving all the questions connected with sla very, is to commence next Tuesday. UNION. AVANA.—'The Schooner Mida. Capt. Hagoerdon, arrived yesterday evening from Havanas She left on Sunday afternoon last, 17th inst, and made the run to Our port i n four days. We are indebted too commercial house of this city for the following extracts from letters received by the Midas. “The Rice per Confidtnce, from 8avannoli sold at 10 rials. There are two cargoes on hand from Charleston. “We sold a cargo of Pensacola Lumber at $22 J, and one from Mobile is placed at “There are 330 M feet on hand. “Molasses is supported at rials, i n t h;, harbour, and 2 in the omports.” By Last Night’s Northern Malt A Telegraphic despatch in the New York Mirror, dated Washington, Feb. 18, says; Mr. Clayton still says ho intends to resign. It will be followed by Mr. Crawford’s resigm. tion. Mr. Winthrop, it is said, will be offered the State Department. The staving off game has commenced in the House, by ulternute motions and yeas and nays. California is to be kept out of the Union—4Q men can do it and are now showing it. It j, thought by somo that Clayton is in earnest, and will resign. It will produce a general breaking up of the Cabinet. I3P The Senate on Saturday last, confirmed the nomination of Walter Forward and of Mr. Schroeder, both as Charge of Affairs. They nl- so confirmed the nomination of Mr. Drummond as U. S. Judge of eastern district of Illinois. Death of Bishop Flaget.—The Rt. Rev, Benedick Joseph Fluget, first Roman Catholic Bishop of Louisville, died in that city on the evening of tho 11th inst., in the o7th year of his age. E3P The great Mass Meeting of the Demo crats of New York, the call for which we no ticed a few days ago, was to have taken place ut Tammany Hall on Saturday night last, but was broken up in a regular row. It appears that a party of free soilers who did not sign the call, took forcible possession of the room ; organized on their own hook, and when those persons appeared, who hail called the meeting, and were entitled to pos session of the room, they were brutally ill-treat ed and kicked down stairs. TheparLies who signed the original call have issued a proclamation denouncing the proceed ings of the meeting on Saturday night. $ The notorious Rinders, Elijah Purdy, Mint- and Lorenzo B. Shopherd, were conspicuous in the fray. ETA New Marriage Bill hus been intro duced into ihe Massachusetts Legislature, pro viding for three days’ notice beforehand to the Clerk of the town or city—thus dispensing with the publication of intended marriages. A Receipt.—Whenever you get a black eve by falling on the ice or from running against a bed-post, or from running against u powerful fist, apply a cloth wrung out of very warm wa ter, and renew it until the pain ceases. The moisture and heat liquifies the blood and sends it back te it* proper channel. Use warm or hot, but never cold water to the bruise. A doc tor would charge a guinea for this advice, we give it gratis.—if®. paper. Whole Number of Vetoes.—The veto power has been exorcised twenty five times since the organisation of the Government, viz: B y George Washington, 2; James Madi-on, 6 ; —,1 ; Andrew Jackson, 9; John K.Polk, 3 ;—tota! number Mississippi.—A letter from a gentleman in Jackson, Miss, dated Jan. 26tb, says that a re port from the Committee on State and Federal Relations has been made to the Senate by Judge Guion, Chairman, in which it is proposed to place Two Hundred and Fifty Thousand Dol lars ut tho disposal of the Governor to be used in case Mississippi is thrown upon her reserved rights in the great contest between the North and the South on the great slavery question. imndtfd Kid eighty Ml* to number of acts passed and ap- origin of the Government, is mnd; which will make two veto. Riot in Canada.—A telegraphic despatch in the Charleston Mercury states that there bad been a riot in Canada at a place called Three Rivers, and that the Assessor’s house, the Can-' adian Institute, and the Governor's officer were burned by the mob. The Military have been culled out. CF* C -.1. Robert Howard, formerly naval officer c-t the port of Charleston, died ih th^t city on Wednesday. ti”- Two large parties of laborers on the Blue Ridge Rail Road, Va., had asavage fight last week, during which a house wns burned and some 13 lives taken. 85P A telegraphic despatch to the Charles ton Courier, says— The Presidents of the several Insurance Com panies have made affidavits charging Dr. Knatp, the owner, and Wilson, the Captain of the ship Russia, with having conspired to cast away and burn the ship: ■ Roth time beta arresied, and have given bail to the amount of $15,000 each. • The loss by the recent conflagration has been exaggerated. It it now said that the total loss amounts to only $350,000. Where’s the Ghost?—Hon. Henry Wil son, the poet Whittier; Hon Jno.M. Earle and several other prominent Free Soilers of Mas sachusetts, have called a State Mass Conven tion of the party at Funeuil Hall, Boston on the 27th of Fabuary. The call for the Conven tion is very strongly worded, talks of the jeopar dy of human liberty, of the plotting of treason by the slave perpetualisSs at the seat of govern ment, -dissolution of the Union, the pre-ent “alarming crisis” and of the inflexible deter mination of the people of the free States to sustain the Union “at any and every hazard their fixed unalterable pugj)ose under the Con stitution and within the Union to arrest the ex tension of slavery into territories now free—to abolish the slave trade and slavery in the Dis trict of Columbia—to relieve the Federal Gov ernment from all connection with and responsi bility forjslavery—and to place the Government ooenly, actively and perpetually on the side of freedom." Texas as a Sugar Country.—A Galveston letter of the 2d inst. says that the sugur pro duction of the State is greatly on the increase, and that the quality is very superior. The grain and color nre unsurpassed for brown su gar, and the flavor vastly superior. There is also an article of syrup or cane juice, half boiled into sugar. GF* The N. Y. Canals are to be opened on the 7th March, by order of the Commissioners. Several persons connected with the In dian Department pension office, at Washing ton, have recently been removed, for supposed pecuniary delinquency. A Great Lake in Central Afirica,—An im mense lake has been discovered in central parts of Africa hitherto unexplored, by the Rev. Robert Livingston, an English missionary among the tribe called the Becuanas. It lies in about nineteen degrees south latitude, and five hundred and sixty miles north-northwest of of Kolobeng. A writer in the London Athene- um says that “it is the most magnificent geo graphic discovery of modern lime." ef* The Legislature of Tennessee adjourn ed on the llth inst, after a session of a little over four months. Ferdinand Karck, of the city of New York, has been appointed and recognised ns Consul of the Free and Hanseatic city of Ham burg for Ncw-Yorh. E3?* Robert L. Stewart, Esq., was on IVeduesuay Inst elected Cashier of the Bank of Charleston,; bv ths Board of Directors of that Institution. Jefferson Davis has been elected U. S. Senator from Mississippi, forthe next six years, by the Legislature of that State. The St. Louis Republican relates that a gen tleman having received a California letter from the St. Louis city office, proceeded to open nnd unfpld if as bo stepped on the pavement in tront of the office—when, lo ! a stream of “yel low dust” issued from it, nnd was scattered on the ground. Of course the boys were not slow in trying their hands at picking up the valua ble pssticles. Another remarkable Literary Curiosity.— The literary world of last week brings to notice an “ode to the,Sen,” translated from Chene- dolle, a French poet,born in 1770, on page 482 of Longfellow's caller.ions of European poetrv, which is so obviously the original of Bvron’s famousapostrophe to the ocean in Childe Har old, ns to leave no doubt in the mind ofthe read er of the appropriation by the lordly British poet. BTA great chess match recently came off in Washington City. Mr. Turner, of Kentucky, challenged Mr. Stanley, of New Wrk, to a trial at chess upon a wager of a thousand dollars. The parties were to meet here, rmd tlie stakes were to be taken by the winner of the first eleven games. They played twico a day. The shortest, and a very brilliant game, was won by Mr. Turner in twenty minutes. The longest game was two hours and a half in duration,and was won bv Mr. Stanley. Mr. Statiloy won the eleven games, n3 Mr Turner five. Reception of our Volunreers in Chablis- ton.—The Charleston Courier gives a glowing account of the reception of our volunteer corps by the milifary of that city, on Thursday Morn ing last. Froni u long and truly complimen tary article, in which the muster-roola of our companies are given in full, we extract all that we could make room for last night. Thu Cour ier says: Never have we witnessed a more imposing dis play, than took place yesterday, on the occa sion of. receiving the two Savannah Military Companies, that have paid our city a compli mentary visit. A little after nine o’clock, the steamer M«t- nmorn, Capt. Barden, entered the harbor, hsv- ing the troops on board, and plied about the bay, giving on opportunity to the visitants to view the shipping in port, all of which were in their gala di ess of variegated colors, and see the masses that hart congregated on the Bat tery, to witness the reception. The escort composed, of nine volunteer corps of the city, took up the line of mnrch to the Battery, in front of which they were drawn up in line. The Metamora then,'with colors dy ing, nnd bands of music playing, ranged up along the Battery, presenting her crowded decks to the assembled troops and vitziens, and- then cameto at the head of the Southern wharf. During the di«emharcation of the Comr-a- nies, the Marion Artillery, in accordance with the programme, fired a national snlute, and mi mediately afterwards the head of the coluina of the two companies—the Chatham Artillery and the Repuldicnn Blues-made their appear ance, and were received with the usual mil itary honors, in a style reflecting much credit on those who had the direction of the reception- After passing the escort—and a finer body of citizens soldiery could hardly have been or ganized than the noble fellows who march™ past our troops, to receive the military compli ments and cheers that greeted them—xthe whom body took up the line of march up South Bay Meeting street, to the quarters oftht respective’ companies. The Chatham Artillery were lo cated at the Charleston Hotel, and the Rep 1 "’' lican Blues took lodgings at the Pavilion Hotel- and here ended tho military services of the day. In the afternoon the officers of the Savanna 1 Companies partook of a sumptuous dinners' theCarolina Hotel, with -the . Field Officers of the Fourth Carolina Brigade: In the evening the two companies attended tlie Ball given by tho Washington Artillery, at Hibernian Hall- On yesterday the Volunteers were to attend at Hibernian Hall, to hear an oration, by T. A- Simmons Esq; after which they w-ere to join in a Brigade parade, and he reviewed by his Excellency the Governor. In the evening the Savannah companies were to attend a supper and Ball, given by the Washington Light Infan try. Judging from the programme of the enter tainments, our soldiers will be well provided by their gaDsuit entertainers-