Southern miscellany. (Madison, Ga.) 1842-1849, September 10, 1842, Image 2

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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.” ©©mitblhcsm Masoallllaiiiiy© PUBLISHED EVERY SATURDAY MORNING AT THE VERY LOW PRICE OF TWO DOLLARS AND FIFTY CENTS PER ANNUM —ONE DOL LAR AND FIFTY CENTS FOR SIX MONTHS ALWAYS IN ADVANCE. 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.