Newspaper Page Text
mar Schools with nearly 5,000 students, and
5,200 Primary and Common Schools, com
prising about 220,000 pupils, of whom 25,-
000 arc educated at public charge. .
Eloquent Plea for the Poor. —We utterly
repudiate, as unworthy, not to freemen only,
but of men, the narrow notion, that there is
to be uo education for the poor, ns such.
Has God provided for the poor a coarser
earth, thinner air, paler sky t Does not the
glorious sun pour down his golden rays as
cheerily upon the poor man’s hovel as upon
the rich man’s palace? Havenot the cottager’s
children as keen a sense of all the freshness,
verdure, fragrance, melody and beauty of
luxuriant nature, as the pale sons of the
King? Or is it in the mind that God has
■lamped the imprint of a baser birth, arid
that the pool man’s child knows, with an un
born certainty, that his lot is to crawl, not
climb? It is not so. God has not done it.
Man cannot do it. Mind is immortal. It
bears no mark of high or low —of rich or
poor. It heeds no bound of time, or place,
or rank, or circumstance. It asks but free
dom. It requires but light. It is heaven
born, and it aspires to heaven. Weakness
does not enfeeble it. Poverty cannot re
press it. Difficulties do but stimulate its
vigor. And the poor tallow chandler’s son,
that sits up all night to read the hook which
an apprentice lends him, lest the master’s
eye should miss it in the morning, shall stand
and treat with kings, shall bind the lightning
with a hempen cord, and bring it .harmless
from the skies. The Common School is
common, not as inferior, nor as the school for
Coor men’s children, but as the best school
ecause it is the first school, and in all good
works the beginning is one half. Who dues
not know the value to the community of a
plentiful supply of the pure element of wa
ter ? And infinitely more than this is the
Common School, for it is the fountain at
which the mind drinks, and is refreshed and
strengthened for its career of usefulness and
glory.
Newspapers. —A newspaper is a school in
a family of children, worth ten dollars a year.
Even the most barren paper brings some
thing new. Children read or hear the con
tents, intelligence of the affairs of the world,
and acquire useful knowledge of more im
portance to them in’ life than a present of
fifty acres of land. Parents are not aware
of the vast —wesay with confidence, the vast
importance of a newspaper in a family of
children. We have made the remark before,
and we repeat it, that take two families of
children equally sruai t, and both going to
the same school; let one of them have the
free use of a newspaper, and let the other
be deprived of the use of it, and it would
excite astonishment to mark the difference
between them. Full one half, and an im-
Eortaut half of education, as it respects the
usiness of the world, and the ability to rise
and make one’s self respectable in it—is
derived from newspapers. What parent
would not wish his children respectable ?
Who would be willingto have his neighbor’s
children more intelligent than his own ? and
yet how trifling a sum a paper costs! It is
even in these hard times absolutely con
temptible in amount, and no man ever felt
it, except in its beneficial consequences, who
paid the subscription regularly once a year.”
• IT S=3 [E J) URO ® TANARUS,
.Reported for the “southern Miscellany.”
IMPORTANT LEGAL DECISION.
BY JUDGE CONE.
Jesse L. Baker, 1
vs. | Motion for anew trial
William Ezzard i in DcKalb Superior
and I Court.
Reuben Cone. 3
This case was referred to me for decision,
by an order passed at the last term of De-
Kalb Superior Court.
The original action was brought upon a
promissory note, made by defendants, and
payable to one James A. Cooper, or bearer,
and by said Cooper transferred to the pres
ent plaintiff.
The defence set up to the payment of the
note on the trial was, that the note was given
to Cooper in part payment for a lot of land
purchased by defendants of Cooper, and
that, at the time of the purchase, defendants
had not seen said lot of land, and that in
making the purchase they relied entirely up
on the representations of Cooper, as to loca
tion and quality of the land—and so stated to
him at the time of purchase.
That said Cooper represented said lot of
land to be a rich, level, valley lot, and of
great valuo; which representation, it was
contended on the part of the defendants, was
wholly false and fraudulent, and that said
lot was mostly mountainous and broken, and
of little or no value—and that this was well
known to said Cooper at the time of sale.
It was further insisted that plaintiff was
interested in said lot of land ; that the note
in controversy was transferred to him in con
sideration of his interest in said lot, and that
the circumstances attending the sale were
well known to him at tho time he received
the note.
Upon the trial, the counsel for the defend
ants moved the Court to instruct tho jury,
that a false and fraudulent representation by
the vendor, as to the quality of the land sold,
is the Bubject-matter of action ; and that it
they believed that-such false and fraudulent
representations were made by the vendor,
and that the defendants were damaged by
them to the amount of the note sued on, they
would find a verdict for the defendants.
This instruction the Court refused to give,
but gave the contrary, viz: That a vendor of
real estate is not responsible in damages for
false and fraudulent representations, as to
the quality of the laud sold.
The jury found a verdict for plaintiff* for’
the amount of the note. •
Defendants then moved for anew trial on
the following grounds:
Ist. Because tne Court erred iti the opin
ion expressed to the jury, that the vendor of
lands is not responsible in damages to the
vendee fora false and fraudulent represen
tation, as to the quality of the land sold.
2d. Because ‘’ eCourt erred in not charg
ing the jury, that such vendor is responsible
to such vendee for such false sud fraudulent
representations.
3d. Because the verdict of the jury is con
trary to law and evidence.
I shall consider the first two grounds to
gether, because they involve the same piin
ciple.
The doctrine asserted in the charge to the
jury and objected to, as erroneous, in the
motion for new trial is this: That in the
sale of lands no fraud can le committed by
false affirmations as to the quality of the
lands, which shall subject the party making
them to damages.
This is a question of great importance in
this State, where a vast quantity of land is
sold, without having been seen by one or
other of the contracting parties, and where
much reliance is frequently placed upon the
representations of the party acquainted with
the quality of the land. It is certainly a
sound moral principle, that a person who,
by his own false and fraudulent representa
tions, induces another to pait from his prop
erty for less than its value, or to give more
for property than it is worth, is bound to
make it good. This is common sense, and
common honesty, and although the tange of
legal obligation may not be coextensive with
that of moral, yet I can see no reason why
they should not be equally binding in this
case. Here, the vendor alledged that he
wa3 acquainted with the land —that it was
rich, valley land, and very valuable. The
vendees say, vve are unacquainted with the
; land, and purchase upon your representa
tion—and give six hundred dollars for a lot
of land proved not to be worth one hundred.
The vendor has then got five hundred dol
lars for the lot of land more than it is worth.
llow has he got it ? By his own false and
fraudulent representations. He has given
to the vendee nothing for this five hundred
dollars. Is it right that he should retain it?
Is it just ? Is it law ? Would it not be
holding out a bribe for dishonesty and fraud ?
Would it not be saying to every man, that
you can cheat a defraud as much as you
please, in the purchase and sale of lands, and
shall be protected by law ?
But, let us see whether the law is so.—
The reason given by those who contend that
a person is not liable for false and fraudulent
representations, as to the quality of lands, is,
that it is in the power of the party to go and
see it; and, therefore, it is his own folly if
he relies upon the representations of the
other party.
This appears to me to be a very poor and
weak reason for sanctioning frauds, and le
galizing villanv. It might be very inconve
nient for the party to go and see the lands.
It might lie at a great distance from him.—
Many other and good reasons might exist.
Now', is it not more for the welfare,interest
and security of society, that the law should
hold a man responsible for his fraudulent
representations, than to permit him to make
them,and profit by them too, merely because
the other party to the contract chose to put
confidence in him rather than submit to the
expense and trouble of, perhaps, makings
long journey to see his laud ? By deciding
that a person shall be liable for his false
and fraudulent representations no person
can he injured ; by establishing a contrary
doctrine, many have been and will be de
frauded.
But authority is not wanting upon this
question, ami although, perhaps, no decision
of the English Courts can be produced where
an action lias been sustained for a false and
fraudulent representation, as to quality of
lands, yet the principle is fully recognized.
In England, the value and, of course, the
quality of lauds is mostly ascertained by re
ference to the amount for which they rent,
and little is said in sales about quality, other
than as it is determined by the rent. In
this country, no such standard of value pre
vails.
In the case of Risney vs. Sealey, 2d Sal
keld, 211, the vendor represented to the pur
chaser that the land rented for thirty pounds,
when, in truth and in fact, it only rented for
twenty ; and the Court decided that, for this
false affirmation, an action lay.
Ift 2d Lord Raymond, 1113-19, the same
question occurred, and, after very full con
sideration, was decided in the same way.
In the case of tho Duke of Norfolk vs.
Worthy, I*/ Campbell, 337, the vendor rep
resented the estate to be within one mile of
a borough, when, in truth and in fact, it did
not lie within three or four miles ; and de
cided that, for this false represention, the
contract should he rescinded.
The same doctrine is laid down, and re
cognized, in 14/4 Vesey, 114— 1st Sa/kc/d,
2S—3d Merriule, 704, and in Sugden on Ven
dors, 210.
Now, there was the same objection exist
ing in these cases to a recovery, as exists in
the case under consideration. 111 the one,
it was in the grower of the vendee to ascer
tain what the property rented for by enquir
ing of the tenant; in the other, it was also
in his power to have looked at the estate,
and to have ascertained whether it was with
in ono mile or four miles of the borough.—
It was a matter open and visible to the sens
es ; yet be chose to rely on the representa
tions of the vendor, and was defrauded—and
the English Courts decided that he should
recover for the fraud.
In the case under consideration, the ven
dees might have gone and looked at the
land. They did not; but relied upon the
representations of the vendor, and were de
frauded. And shall they not recover for the
fraud ? a
Nor arc American authorities wanting up
on this question. Ill lst Story’s Equity, 205,
the learned author, in treating upon this sub
ject, says : “ That if a person owning an
estate should sell it to another, representing
that it contained a valuable mine, and the
representations were false, the contract for
sale, or the sale, if completed, might be
avoided for fraud ; but if he represents that
I it contained twenty acres of woodland, or
meadow, when it contained only nineteen
acres and three-fourths, the small difference
of n quarter of au acre could have no influ
ence on the mind of the purchaser, and would
not avoid the contract”—plainly indicating
that if there had been no woodland, or mea
-1 ‘dow, the contract might be avoided for the
j fraudulent representation. Now, in both
of these cases, it was in the power of the
■ purchaser to have gone and seefi for himself,
B<d w mibui sr masimiLiL
whether there was a valuable mine, or how
much woodland, or meadow, there was.
The tetter case is almost identical with
the case under consideration. Here, the
land was represented to be rich valley land,
and very valuable, whereas it is mostly moun
tainous, and of little or no value. Shall the
contract be void in the one case, and not m
the other ?
In Kentucky, it has been decided that a
fraudulent representation, as to the quality
of lauds, is actionable.—ls/ Little, 46.
The same doctrine has been established
in Connecticut— sth Day, 439—though pre
vious to that time, a different doctrine pre
vailed.—2d Day, 123.
The Supreme Court of Alabama have al
so made a similar decision.— oth Porter, 165.
In the case of Warded vs. Fostick & Da
vis—l3/4 Johnson's Reports, 325—the- ven
dor sold a tract of land, without warranty
of title, falsely representing that it lay in the
township of Moab, State of Pennsylvania,
when, in truth and in fact, there was uo such
township, nor no such land. This was well
known to the vendor. The vendee brought
an action for the false and fraudulent rep
resentations, and the Supreme Court of New
York sustained the action. Now, the same
objection was urged there that is urged here,
viz : That it was the duty of the vendee to
have gone and looked for the land, before he I
purchased ; that whether it existed or not I
was a matter open and visible to the senses; j
and that if he chose to rely upon the repre
sentations of the vendor, it was his own fol
ly. That case is, therefore, ideutical in prin
ciple with the present.
The law is the same in South-Caiolina.—
I*/ Bay's Reports, 276; Ist Nott if McCord,
275.
This latter case was an action brought up
on two bonds, given in consideration of the
purchase of a lot of land ; and one of the
grounds of defence relied on was, false rep
resentations by the vendor, as to the quality
of the land. In delivering their opinion, the
Court say: “ A deficiency in quantity, or
defect rs quality, where there lias beeu a
’ representation, are legitimate grounds for a.
reduction of the price, or recisiuii of the
contract, as the case may be.”
On full consideration of this branch of the
case, I am, therefore, of opinion that the in
terests of society, and of sound morality, as
well as the preservation of good faith in the
making of contracts, require that a person
should be held responsible for false and
fraudulent representations, as to the quality
of lands.
This principle is sustained by the doc
trines of the English Courts, and has been
expressly recognized, and sustained, as law,
by the highest judicial tribunals of many of
our sister States.
There was, therefore, error in the charge
of the presiding Judge.
In looking into the testimony in this case,
I am by no means satisfied that the evidence,
as to fraudulent representations, was suffi
cient to justify the jury in finding for the
defendants ; but as the charge of the Judge
withdrew from their consideration nil the
evidence upon that point, I think that the
ends ofjustice will be best promoted by sub
mitting the case to the consideration of an
other jury. This I believe, too, to be in ac
cordance with law; for, if the Judge at the
trial of a cause misdirect the jury on mat
ters of Law, material to the issue, the ver
dict will be set aside, and anew trial grant
ed.—Gt/i Modern Reports, 242 ; 2d Sa/ke/d,
649 ; 10 th Barnwell if Cresswell, 145 ; sth
ditto, 501 ; 3 d Bingham, 319; 10/4 John
son’s Reports, 447 ; 5/4 Day, 479 ; 4/4 Con
necticut Reports, 356 ; 5/4 Massachusetts,
438—365 ; 9/4 Couen, 674 ;3 d Wcndall,
413; Is/ ditto, 511.
It is, therefore, ordered, considered and
adjudged, that the Rule Nisi be made abso
lute, and anew trial granted.
FRANCIS H. CONE, Judge.
©Ro©a N A L ■ ‘
For the “Southern Miscellany.”
THE PATH OF LIFE.
Amid the cares and toils of life,
The legacy of all,
My thoughts do oft suspend the strife,
Audtceuesof youth iccall.
The time my fancy first survey’d
The opening prospect bright—
E’er troubles had an inroad made,
Or cares produced a blight.
When I anticipated joys.
From disappointment free,
And thought earth’s pleasing, glittering toy*
Where what they seem’d to be.
Mv youihful hopes of happiness,
Unmix’d with care or pain,
And nil the pronnsesof bliss,
1 oft call up again.
’Tis pleasant slill t.i retrospect
Those first Elysian dreams;
For then (alllio’ my hopes are wrecked,)
1 bask’d m sunny beams.
But happiness that seem'd at first
So easy to obtain,
Eludes pursuit, or hat is worse,
If grasp'd, is mix’d with pain.
Yet Providence forever kind,
Tli’ illusion gently broke.
And by degrees prepared my mind
To bear the heavy stroke.
The clouds of care borne slowly on
By breeze of trouble came,
And fora while obscured the sun—
They passed, it shone again.
But quickly in the distant view,
More clouds were seen to rtse,
And the chill winds Os sorrow blew
Dark racks across the skies.
Th’ nppronching storm came up at last;
Egyptian darkness frown’d ;
Whlrlwindsof disappointment pass'd,
And dealt destruction round.
Since then, oft has the angry cloud,
Portentioos seem’d to nod ;
And bursting prospects thundered loud,
As I've life's pathway trod.
But yet I’ve met a ray between,
A light my path to blcs ;
A moment wlien the sun w as seen,
A calm of happiness.
Thus storms and sunshine alternate,
And joys and sorrows flow ;
The cup we drink's a bittersweet,
A cordial mix’d with woe.
Then let us patiently endure
The cmsscs we may meet;
Nor think (when troubles press us sore,)
In file there's nothing sweet.
And when the clouds obscure the sun,
Travel by Bethlehem’s ray;
And we’ll e’er long behold tne dawn
Os an unclouded day. D.
For the “Southern Miscellany.”
LETTER FROM MAJOR JONES.
NO. IV.
Pineville, September sth, 1542.
To Mr. Thompson :
Dear Sir —l begin to think education is
the most surprisenest thing in the world—
specially female edecation. If things goes
on the way they is now, Mr. Moutitgomery
says we’ll have a grate moral revolution—
that the wimin will turn the world up-side
down with their smartness ; and men what
hant. got no edecation wont stand no sort o’
chance with ’em Since I went to Makin to
the zamiintion I’ve altered my notion bout
this matter. I use to think human nater was
jist like the yeath bout cultivation. Every
body knows tliar’s rich land, pore land what
can be made tolerable good, and some bom
inable shaller, rollin truck what all the ma
nure in creation wouldn't make it grow cow
peas. Well, there’s some men whose nat
eral smartness helps ’em long first rate,some
what .takes a mighty sight o’ skoolin, and
some that all the edecation in the world
wouldn’t do no manner of good—they’d be
nateral fools any way you could fix it. Ther
minds is too shaller and rollin ; they hant
got no foundation, and all the skoolin you
could put on ’em wouldn’t stay no longer nor
so much manure on the side of a red sand
hill. Now, I used to think all the galls, or
most of’em, were jist this sort; but if any
body wants to he convinced that it’s all a
mistake bout galls not havin as good sense
as any body else, jist let ’em go to the Ma
kin College. I hunt altered my notion bout
the nater of the human mind, but I’ve cum
to the conclusion that ther is jest as good in
tellectuel site among the galls as among the
boys; and I wouldn’t be supprised if vve
was to have a “grate morel revolution”
shore enuff, and if we was to have Georgia
Washingtons and Joan Adamses, and Tobi
tha Jeftersons what would do as much to
mortalize ther sex and elevate the karacter
of the female race, as the heroes of the rev
olution did in our glorious independence
war.
I had beam so much bout the Female Col
lege, and Miss Mary seemed to be so entiie
ly tuck up with it when she was home, that
1 termined to go to the zamination and see
what kind of a place it was. Well, bein as
Miss Mary was tliar, I put on my best clothes
and mounted Selim and set oft'for Makin.—
You know its a dinged long ride from Pine
ville, and it tuck tne most two days to git
tliar. When I got thar I put up at the
Washington Hall—a monstrous fine tavern
—what- ther was lots of old chaps from all
parts of the State, what had cum down after
ther daughters to the College. They put
me in a room to sleep whar ther was two
old codgers who was talkin all night bout
aneinel magentism—a sort of fixen in which
they said they could carry a body all over
the yeath, heven and hell, if they could
jist git him to sleep. They talked a mighty
sight bout what some fellers had done—how
they tuck one feller to heven whar he herd
the angels singin camp-meetin tunes by the
thousand, and how they tuck him to New-
York whar he read the Herald fore it was
printed, and seed Fanny Elsler show her
gility to the peeple ; then they tuck him to
Constantinople whar he seed lots of long
bearded chaps kissin the galls, and then down
to the infurnel regins whar he seed the dev
ils dancin jigs with pore sinners, and trippin
’em up into bilin hot brimstone, and Jrinkin
nigger rum and smokin yankee segars, and
cussin like pipers. I never hearn of sicli
devlish things afore, and I couldn’t go to
sleep for fear they mought try some of ther
projicts with me. I’d like well enuff to go
toNewYork and Constantinople, but I didn’t
keer bout gwine to heven fore my time, and
if they was to take me to tother place, I
knovvd I’d be so shared that I’d wake up,
and then I’d be in a monstrous pretty fix
wide awake, the magentisers gone, and no
way to git out. It was most day-light afore
them old chaps got still bout edecation, mod
ern science and magentism, and I didn’t git
moren two hours sleep, if I did that.
Alter breckfast in the mornin, which was
monstrous good, considerin they was town
peeple, I tuck that street whar the houses
has stood edgeways ever sense the grate Tip
pekenoo Convention—(l spose they must
been twisted round so to let the croud pass)
—and went up to the College on the Hill.
I tell you what it’s a mighty stancheous look
in bildin, and looks far oft - at a distance when
your gwine up to it. Well, when I got thar
1 fouud the zamination, and sicli another lot
of pretty galls aint to be seed often out o’
Georgia. Bless ther sweet little soles, thar
they all sot on benches in one end of the
room, lookin as smilin and as innercent as
if they never want agvvine to brake nobody’s
heart; but I’m most certain if I’d been in
them old chaps’ magentism, I could have
seed little Coopid thar with his bow and ar
rer poppiu away like a Kentucky rifleman,
at a shootin match. The room begin to git
•nighty full of peeple, and the president said
lie hoped the gentlemen would make room
on the frunt benches for the ladys ; but thar
want one of ’em moved. Bimeby he cum
hack and said he meat the young gentlemen,
only the young gentlemen; then, if you could
seen ’em scatter, you would thot thar want
no old men in the room—two or three old
codgers with wigs on like to brake ther necks
try in to jump over the backs of the benches,
jist to be smart afore the galls. Ther was
plenty room for the ladys after that. I sot
on a back seat in the fust place, and kep
lookin out for Miss Mary, but ther was so
meny pretty creaturs thar that it was like
lookin for one perticcler star in the milky
way, or any whar else, when they’r all a
shinin. Bimeby the bell rung and the zam
ination commenced—and sich larnin as we
had thar dont grow in the piny-woods, I tell
you. The master, a mighty sharp-lookin,
hatchet-faced little man, with specks, talked
to ’em jist like he thot they knowed every
thing and he was termined to make ’em out
with it. Sum of the galls looked kind o’
skeerd, and sum of ’em cryed a little, but
you know galls cry so easy, it dont hurt ’em
none. After axin ’em a heap o’ questions
bout rithmetic and grammer and the like,
says he, “ What’s Mathew Matticks?” My
heart begin to kick when he mentioned that
feller’s name. Iris up and looked over a
tall fuller’s shoulder, so I could see him if lie
was thar. Jist then I cotch’d Miss Mary’s
eye —she was lookin her prettyest. I felt 1
monstrous queer. “Mathematics,” says she,
“is the science of quantity—magnitude
number r,” and she went ou with a heap
o’ larnin, but 1 couldn’t hear no more j my
fase got a3 red as fire, end Miss Mary kind
o’laughed right in the middle of her speech.
“Go to the board,” said the master—and
maby she didn’t shine when she walked up
to a grate black board, what stood in the cor
ner, and tuck hold of a piece o’ chawk not
half so white as her pretty leetlc hand itself.
“ Spose a cannon ball is fired at the moon,”
says the master, “ how long would it take
it to go thar ?” I reckin it would done you
good to see her chawk slide over that board.
She made figers faster then I could count,
and the chawk rattled on the board like a
flock o’ chickins pickin corn off a clapboard;
the whole board was kivered in no time.—
Bimeby says she, “ one thousend one hun
dred and seventy-eight yeers, five months,
three weeks, four days, sixteen hours, twen
ty-three minutes and forty-two seconds 1”
My lord ! thinks I, how could she tell it so
zactly ? When Miss Mary tuck her seat,
the master called ’em up, one after tother,
and axed ’em the hardest questions he could
find in the book, but he could’nt stump ’em
no how he could fix it. Whenever one class
was dun, then one of the galls went to the
pianner and played a tune or two—sumtimes
they sung, and I never did hear sich good
musick. If Miss Mary hadn’t been thar, I
would fell in love with every one what sung;
bless ’em, ther soft voices went rite to my
heart so. The zamination went on for three
or four days, and I dont blieve the galls told
moren half their larnin all the time. I nev
er seed sich smart cieeters ; why, some of
the leetle ones could tell how much three
pounds and three-quarters of beef cum to at
three cents and three-quarters a pound as
quick as you could say Jack Robinson, and
that’s moren sum old folks kin do. I never
could do it. At night they had a Sing—all
the galls tuck a part —and I haint got sum
of them tunes out o’ niy head yet. They
sung the most ditfikil tunes jist like it cum
naturelto ’em.
1 he last day was the most interestin oc
kasion of all. The graduation class red ther
speeches and got ther Plomas, as they call
’em. I spose theyre a sort of sertifikits of
good behavier. Ther was twelve of ’em—
all beautiful as angels, and all dressed in
white. When they was dun readin ther
speeches, the President called round
him and made a speech to ’em. dear
creeturs they stood thar and trembled like
they was gwine to be married rite off; and
when the old man told ’em they was now
gwine to separate, and that they was like
Tom Kimides—that love was like his lever,
and the human heart was the fulcrum with
which they could upset the world, they had
.to put ther hankerchers to ther faces to hide
ther tears. A good many other folks was
cryin, and I feit sort o’ dump about the eyes
myself.
After it was all over, I started down to the
tavern toqgit my horse, and was gwine along
tliinkin of Miss Mary and the Female Col
lege,and thankin my stars that Mathew Mat
ticks and Nat. Philosophy want no body to
be feared of, when what should I hear but a
band o’ music cumin up the hill. Bein a
military man, I was anxious to see that Ma
kin company what fit the Injins so, and I
hurryed round the corner, when—grate
Lordy massy !—I never jist sich a site
in all my born days. Hevetis and yeath !
thinks I, vvlipr could they come from ? they
couldn’t long to no civelized nation, no how ;
thar was Turks and Chinese, Arabs, Nig
gers, Hottentots, Ingins and Tartars—sum
had fases as big as a cow, painted and fixed
off all sorts o’ fashions ; one feller was ridin
on the hack of his grand-mammy, another fel
ler had a nose made out of a cow horn ; one
chap was ridin a big goose ; all of ’em had
wepons of all kinds and all shapes ; sum on
horses had everlastin grate long swords as
tnujth as they could toat, and one feller
watermillions, cowcumbers, squashes, corn,
gourds and every other vegetable you could
think of, all strung round him. They was
marchin rite up to the College, and I felt a
leetle larmedfor fare they was gwine tocarry
off the galls ; so I turned back, and thinks
I, I knoes one leetle angel in perticulerthat
you wont git till you kill Major Jones. Jist
as I got close up to ’em a horse cum smash
in up to me, and I never cum so nare drap
pin in my tracks in my life—l never was so
skeered afore. Ther was a chap on the
horse with a grate long sharp pinted dart in
his hand,aimed rite at me ! he had horns on
his head, and looked jist like deth in the
primer! I could see every bone in his body!
I kind o’ gasped for breth, and the infurnel
thiug rode off. When I got to the College
all the galls was out on the portico hollerin
and shotitin like blazes ; but when I got up
to ’em I found they was only laughin, “My
Lord !” says I, “ Miss Mary, aint you skeer
ed ?” “ Shaw, no, Major,” says she, “ its
ouly the Faniastikils!” “Fan-what-ikils?”
says I. “ The Fantastikils.” “Oh!” says
I, for I saw a grate long legged feller among
’em with a fan in his hand, fannin a nigger
woman what had fainted. The chap with
the fan had a dough face on, that looked as
pitiful as if all his relations was ded ; and
every time the nigger fainted he would ketch
her in his arms and fan her, and look so sor
ry at her. The galls saueeled and laughed
while the Fantastikils marched round the
College and then marched down to town
agin. I soon fullered, but kep away from
that chap on the horse. Down to the Hall,
I paid my bill and cut out. No more from
Your frend til deth,
JOS. JONES.
For the “ Southern Miscellany.”
ONE WAY OF REFORMING A
DISSIPATED HUSBAND.
A few years ago, a female, who resides
in a town, near Boston, had the misfortune
to be married to a sottish husband. Every
night, his professional labors over, he re
paired to a certain tavern where he met a
set of companions, drouthy as himself, and
devoted the whole evening to drinking, and
singing such outrageous catches as the fol
lowing :
** And had the flood been liquor good,
And Noah’s sons such lads as I,
They’d drank the Deluge where it stood,
And left the Ark of Noah dry.”
His wife saw the brink on which he was
standing, and prompted by paternal and
connubial affectioiV,- was unceasing in her
efforts to Wean him fro/n (he tavern, and rev
concile hifn to the cotnforts of his own quiet
domicile. But her labor of love was
ly thrown away ; in place of becoming bet
ter he grew gradually worse; seldom Went,
to bed before one or two in the morning,,
rose late, neglected his business, and, in short
was on the high road to ruin. His temper,,
too, became frightfully irascible, and in place’
of soothing his broken-hearted wife, he
found fault with every thing, and rarely ap
proached her but with abuse on his lipe ant?
a frown on his brow. The woman’s looks,
to those that could read them, told a very
dismal tale; and in her despair she hit on
the following expedient, which, we under
stand, has been attended with the happiest
effects. One night, after dark, she repaired
to the tavern her husband frequented, per
suaded some tradesman to accompany her,
ordered in a large bowl of toddy, passed the
glasses round, got one man to sing, a second
to laugh, and a third to joke ; and, in short,
acted her part so well, that she looked the
very picture of a female toper. When the
charm was thus far wound, she sent for her
husband, and invited him to take a seat and
taste her toddy. At first the man stared as
if he had seen a ghost; and it was observed
that his color went and came when he heard
his spouse declare, that judging from the
example of some of her friends, she had
come to a conclusion, that the tavern must
he the happiest place in the world, and was
determined for the future to share its plea
sures. Frequently she replenished the
glasses, and when the vessel became dry,
rang the bell for a fresh quantity of grog.
But here the husband, who had been silent
ly forecasting the shape of future events,
remonstrated so earnestly that the lady con
sented to abridge her revels and accompany
him home. By the way, they conversed
long and seriously; certain promises were
voluntarily made—promises which have been
kept to the very letter, and the result of the
wife’s stratagem is, that foer husband has be
come one of the soberest men in the place, and
is indebted for bis reformation less to a tem
perate than an intemperate society.
For the “Southern Miscellany.”
“FAITH AND WORKS.”
A worthy son of the church in the “ far
West,” who had peculiar opinions touching
the “ full assurance of faith,” having occa
sion to cross a ferry, availed himself of the
opportunity to interrogate the boatman as
to the grounds of his belief, assuring him,
that if he had faith lie was certain of a bless
ed immortality. The man of the oar said
he had always entertained a different notion
of the subject, and begged to give an illus
tration of his opinion. “ Let us suppose,”
said the ferryman, “that one of these oars
is called faith, and the other works, and try
their several merits.” Accordingly throw
ing down one oar in the boat, lie proceeded
to pull the other with all his might, upon
which the boat turned round and round, but
madenoway. “Now,”said he, “you perceive
faith won’t do—lctus try what works can.”.
Seizing the otl.ci oar, and giving it the same
trial, the same consequences eusued.—
“ Works,”said he, “you see, won’t do ei
ther; let us try them together.” The ie
suit was successful; the boat shot through
the waves, and soon reached the wished-for
haven. “ This,” said the honest ferryman,
“is the way by which I hope to be wafted
over the troubled waters of this world to
the peaceful shores of immortality.”
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MADISON, GEO :
- -
Saturday, September 10, 1849.
TO READERS AND CORRESPONDENTS.
“ Reminiscences of Country Life” is not well written.
It is evidently n first efToit. With experience, the
author will be enabled to do better.
“The Wagoner’s Boy—a Tale of me Olden Time”—
is rather long We have our doubts; but “ we'U see
about it.”
” Christian Religion and Republican Liberty”.—a brief
essay—shall appear in our next.
“Lines to Miss Adeline,” we fear would not be well
received by the lady; but she certainly deserves to
have them published for playing the mischief so with
the poor young man's heart. We will give a couple
of verses only:
“’Tis love that causes me to write,
And causes me to dream by night;
And swells this bosom to sigh,
Oft times when Addy is not by.
“ Dear Adeline, we cannot part;
Great God 1 1 know ‘twould break my heart!
And should you ever me deny,
I care not then how soon I die!”
“ Lines on Disappointed Love,” by the same authoit
are rather belter. We will give one verae :
“ Ah, fatal day, that first we met.
Would God we’d died before 1 *
Then pain, and sorrow, and regret,
And sighs would be no more.”
JUDGE CONE’S DECISIONS.
Our readers will find in our paper to-day
a very interesting and important legal deci
sion by Judge Cone. We are glad to be
able to promise other decisions from the
same high source, having had the promise
of them for the “ Miscellany.” The char
acter of Judge Cone, as an able lawyer and
profound jurist, will give uncommon weight
and authority to bis decisions of the various
law points which will from time to time be
brought before him.