Weekly Georgia constitutionalist and republic. (Augusta, Ga.) 1851-185?, January 18, 1854, Image 1
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BY JAMES GARUNKK
GENERAL NEWS.
Mr. Douglas’ Nebraska Bill.
We are enabled to lay belore our readers to
day the report of Senator Douglas, accompanying
the bill lor organizing the Territory of Nebraska.
Upon perusing this important document, our
readers will readily comprehend why we attach
so much importance to it. In upholding the
policy of the present administration with such
efficiency as we could command, we have been
forced to vindicate the President as well as our
self against the charge of favoring free-soilism
and disuuionism. Our vindication ot both has
rested upon the assumption, which we have felt
fully authorised to adopt, that the policy of the
administration recognizes none as orthodox
Democrats who do not faithfully abide by the
Compromise ol 1800 as a final settlement of the
slavery issue. Upon this ground we have gone
before the country, arid upon that issue we have
signally triumphed. The Nebraska bill is drawn
up on the same principles, and piesents an op
portunity for a practical vindication of the poli
cy of the administration, which is destined to
exert a prominent influence upon the public
mind. But so important a document will com
mand universal attention and needs r.o com
mendation from us.— Washington Union.
REPORT.
The Committee on Territories, to which was
referred a bill lor an act to establish the Territory
of Nebraska, have given the same that seriou
and deliberate consideration which its great irri
portance demands, and beg leave to report it
back to the Seriate, with various amendments,
in the torrn of a substitute for the bill.
The principal amendments which your com
mittee deem it then duty to commend to the
favorahle action ol the Seriate,in a special report,
are those in which the principles established by
the compromise measures ol 1850. so lar as the)
are applicable to territorial organization, are pro
posed to be a (filmed and earned into practical
operation within the limits ot the new Territo
ry-
The wisdom of those measures is attested
not less by their salutary and beneficial effects
in allaying sectional agnation and restoring peace
and harmony to an irriia'edand distracted peo
pie, than by the coidial and almost universal ap
probation with which they have been received
and sanctioned by the whole country.. Id the
• judgment ol you: committee, those measures
were intended to have a lar more comprehensive
and enduring effect than the mere adjustment
of the difficulties arising out of the recent ac
quisirion ot .Mexican territory. They were de
signed to establish certain great principles,which
would not only furnish adequate remedies tin
existing evils, hut, iri all time to come, avoid the
perils ot a similar agitation, by withdiawing the
question ol slavery from the halls ol Congres
aud the political arena, and committing it to the
arbitrament ol ihose who weie immediately in
teiested in, and alone responsible tor its corise
qu'ences. With the view ot conforming their
action to-what they regard the settled policy ol
the government, sanctioned by the approving
voice ol the American people, your committee
have deemed it their duty to incorporate and
perpetuate in their territorial bill the principle
and spirit ol those rrieasuies. Il any otner con
siderations were necessary to render the pro
priety ot this course imperative upon the com
mittee. they may be lound in the fact that the
Nebraska country occupies tbe same relative po
j siticn to the si .very question as cd New Mexi
disputed point
ai BBO> " _-««j(pt*3nco: ' •• ... |h« country
On the one hand, it was contended, as a legal
projiosion, that slavery having been prohibited,
by the enactments of Mexico, acording to the j
lawsol nations, we received the country with
all its local laws and domestic institutions at
littCnovr -ta. I.bu caul. »*£ lia - - +- l r~T~' ■*- y . . .
with the constitution ol the Umiec. states ; and
that a law, either pro'ecting or prohibiting ala
very was not repugnant to that instrument, as
was evidenced by tbe lact that one half ol the
States ol the Union tolerated, while the othe.
half prohibited, tbe institution of slavery. On
the other hand it was insisted that, by vntue o
the constitution ol the United States, ever)
citizen had a right to remove to any territory ol
the Union, and carry his property with him.
under the protection of law, whether that pro
perty consisted in persons or things. The de
ferences arising from this diversity of opinion,
were greatly aggravated by the lact that there
were many persons,on both sides ol the bgai
controversy, who were unwilling to abide the
decision of the courts in the matter- in dispute.
Thus, among those who claimed that the Mex
ican laws were still m lotce, and, consequently,
that slavery was already prohibited hi those ter
ritories by valid enactment, tneie were many
who insisted upon Congress n aking the mattei
certain by enacting ai other prohibrton. In bke
manner, some ol those who argued that the
Mexican laws had ceased to have any binding
force and that the constitution tolerated anil
proie’cted slave property in those territories, were
unwilling to trust the decision ol the couits 11(101.
that pom , and insisted that Congress should D>
direct enactment remove all legal obstacles to
the introduction of slaves into those territories.
Such being the chaiac er ol the controversy in
respect to the teiritory acquired Horn Mexico, a
similar question has arisen 111 regard tolhe righ>
to hold slaves in the proposed i'enitory n|\ebr..s
ka, when the Indian laws shall ln* withdrawn
and the country thrown open to emigration and
settlement. By the 8 h section of "All act to
authorze tire people ol Missouri lerritory to
form a Constitution and Slate government, ann
v for the admission 01 such Slate into ihe Union
Oil an original looting with the Oligmal Slates
and to prohibit slavery in certain I'. intones,
approved March 6. IS2' " was provided : " 1 bar
in all territory ceded h> Fiance to the U. Sia es
under the name O' Loul-nma. which lies north o
Unity six degree and tinny rninu'es north lair
fui'e not included w I'lnn me limits ol the S’at.
contemplated by this act, slavery ai d involun
tiUV servitude otnei wise than i;, me punishmen
ol ciimes w rii ieol ttm paiile- shall have lieei
duly convicted, shall ami is hereby, loiever
prohibited: ft uotiJtd alwiys that anypeisoi,
escaped mo I r.e same. I i*»o. w h"iri laboi or sei
vice Is law lull) (Mulined in any State or fern
tory ol the United Males, such lugitive may lie
ldwiull) leciauned and conveyed lo the person
claiming Ills *ll het mb .1 or serv ice as aloiesalil.
Under this section, as in the case ol the Mexi
Can 1.1 w in New M xt o and Utah, it is a dis
puted (loint w rie h-1 slaveiy is prohibited 111 the
Nebiaska couu’ry ti) vital enactment. I tiede
Clsloii ol this q test ion 10 vov.s Ihe »OliStltut 1011
ai puwu-r ol Cnngl'ess to (lass laws prescribing
ami 1- gotatn g Hie dorr*, s ic nistitirtioii ol (tie
various te 11 mo 1-> 01 Mo Union In trie opinion
©I 1 hose eminent statesmen who hold thal Con
gross is invested w,ih in> rightlnl authority to
Jeg s.aie Upon iheM.tJ-ci ol s.aveiy 111 the lei
riloiies. the eighitr s. ci.ou ol the act preparatory
to the ailn.issr .il of .Vi I*l-0011 is null and vom ;
vv lie t’.e pi-vaili. g .-(n' iiiient hi a I ig H pm
tion 111 the U 1. n M.-'an.s me doc' Ime mat Ih
constitution ol the Uni'ed S : ales secuies to ever)
Clt Zeli dll 11 a 1.-. ao l _m .1 move lilt- any 01
the terrrtones with bis property ol whatever
kind and description, and to hold and enjoy the
same under the sanction of law. Your commit
ree do not feel themselves called upon to r iter
into the discussion of these controverted ques
tions. They involve the same grave issues which
produced the agitation, the sectional strife, and
he tearful struggle of 1850. As Congress deemed
t wise a:.d prudent to refrain from deciding the
matter in controversy then, either by affirming
-r repealing the Mexican laws, or by an act de
daiafory of the true intent ol the protection af
tonled by it to slave property in the territories,
so your committee are not prepared now to re
commend a departure from the course pursued
>n that memorable occasion, either by affirming
ir repealing the eighth section of the Missouri
Act, or by any act declaratory of*the meaning ol
the constitution in respect to the legal points in
dispute. Your committee deem it fortunate loi
’he peace ol the country and the security of the
Union, that the controversy then resulted in the
adoption ot the compromise measures, which the
wo great political parties, with singular unani
mity, have affirmed as a cardinal article of their
aith. and proclaimed so the world as a final set
tlement ol the controversy, and an end of the
agitation. A due respect, tberelore, for the avow
ed opinion of senators, as well as a proper sense
ofjatriotic duty, enjoin upon your committee
'he propriety and necessity of a strict adherence
'o the principles, and even a literal adoption ol
he enactments, of that adjustment, in all their
territorial bills, so far as tbe same are not locally
inapplicable. Those enactments embrace,among
other things less material to the matters under
consideration, the following provisions:
"When admitted as a State, the said Territory,
or any portion of the same, shall be received into
the Union, with or without s'avery, as their ron
-titntion may [describe at the time of their ad
mission.
“That the legislative power and authority ol
said Territory shall he vested in the governor
and a legislative assembly.
“ That the legislative power of said Territory
-hall ex'end to all righttul subjects ol legislation,
onsis’ent with the constitution of the U. States
-inn the provisions ol this act: but no law shall
oe passed interiering w ith the piimary disposal
ol the sod; no <ax shall he imposed upon the
property ol tne United States: nor shall the lands
or other property ol nonresidents be taxed higher
(ban the lauds or other property of residents.
“Wins of error, and appeals from the final de
cisions ol said supreme court, shall be allowed,
ami may be taken to the Supreme Court of the
United States in the same manner and under the
-dine regulations as Irom the Cucuit Courts oi
the United States, where the valued the pro
pel ty or the amount in controversy, to be ascer
tained by the oath or affirmative of either party,
or other competent witness, shall exceed one
thou-and dollais; except only that, in a ll cases
involving title toslaves. the said writs of error
or appeals shall be allowed and decided by the
said supreme court, without regard to the value
oi the matter, pioperty, or ti'le in controversy;
and except, also, that a writ or appeal shall also
lie allowed to the ot the Uni’ed
States, tiom the decisions of the said supreme
court created by this act, or of any judge thereof
or ol t”e disfi let courts created by thisac'.or ot
any judge thereof upon any wntol ' habeas corpus
involving the question of personal tieedurn ; and
each of the said distr ct courts shall h ve and
exercise the same jin isdiction, in all cases arising
under the constitut.on and laws ot the U. State-,
i.-is vested in the circuit and district courts ol
rtie United States; and tne said supreme and
district courts of the said Territory, and the res
peetive judges thereof, shall uid may grant writs
ol habeas corpus in all cases in which the same
aie gian'eil by the judges of the United States m
ttie District of Co u.-t.bia.”
To which may he added the following propo
sition, affirmed by the act of IBSO, known as the'
* ‘ s< ielcapmg n ?
C..e service ot their masters.” appn r eßruarv
rl2th, J 793. and the (irovisi >ns of ’he "Act to
I amend and supplementary to the aforesaid act,
approve I September 18th, 1850. shall extend to
and be in force in all the organized rerritories,”
as and test
upon the following (iroposition :
First, that all questions | ertaining to slavery
in the Territories, and in the new States to be
lorrne i therefrom, are to be left to the decision ol
the people residing therein, through their ap
piopnate representatives, to be chosen by them
lor that purpose.
Seen in 1 , r bat "all cases in voi ving title to slaves,’’
and "questions ot personal Ireedorn.” are relerred
to the adjudication of the local tribunals, with
die right of appeal to the Supreme Court of the
U. States.
Third. That the provisions of the constitution
ol the United States in respect to fugitives troni
service, are to be carried into lailhlul execution
in all "the organized Territories” the same as ill
the Slates.
I'hesubstitute for the bill which your com
mittee have piepared, and which is commended
■ o the lavorable acii >n ol the Seriate, proposes
to carry these propositions and principles into
practical opeiation, ill the precise language of the
comproin.se measures ot 1850.
Election of City Officers.
At a regular meeting ol the City Council last
evening, the lollowiug officers were elected to
-erve one year.
Tieasurer —Joseph W. Roberts.
Clerk ot Cou icil—Edward U Wilson.
Cits Marshal—Philip M. Russel.
City Surveyor—Joseph M Sherman.
.Vlol Council —R. D Pa pot.
Keeper ot Guard House— l homas Leary.
Clerk of Maiket—Waring Russell,
iveepei Powder Magazine—Win. Burke.
Chimney Contractor, lor that part ol the city
East id Burned Street Manning.
Chimney Contractor, lor t'-at part ol he citv
West >.| Barnard Street G< fkiri
Su eriiitendent, ol the City Watch—E. M.
Perulergrast.
Deputy <■f 'o.—W F Shearer.
2.1 L eut. ol do VI. Houllihan.
Ber.ed.it» 01 do—C. Hu>sey,T. D. Maxwell,
l' 1 *aisi»ellelser. H. Morse.
Keeper ol Peat House.— 1 hos. Rcdfem.
Pump C mtiacior —D. Hernandez,
Oh Limn* r.Caiey.SP/ 90 per Lamp.
-L). H. Stewart, $9,000 lor the firs*
year. $3,000 per > t.ar U r the second and thin
Port Wardens—-M Amorous, H. W. Smith.
R. T. Punier, J. *£. and J. >l. McDonald
inspectors ol Lurnbei—J. R- Wolff, R f|OS
Ho> tie, VV. A. Connery, T. R. Wylly, J. B
Dash r, and J S Malletie.
City Constables—E. Mendell, W. Swoll, J. A.
Rictiaidsone, Davis, E Kanwaller, and W.
J. Bandy.
The election of Citv Printer, and Keeper ol
City clocks were postponed until the next meet
ing ol Council. — Sav. Rep l3/A inst.
The New York Aldermen to be Imprison
kd. — i'he Supieme Couit ol New \ ork having
-ustaitied the decision ol the Superior CoUit in
the case ol contempt of the New York City Al
dermen in reins rig to obey the injunction 01
bur. tribunal, restraining them Irom trie grant »i
me Broadway Railroad, Alderman S'urtevant
will have to he imprisoned lor 15 days, and pay
, tine ui $250. All toe other Aldermen, (ex
ept Wesiy Smith, who apologized and paid th.
ei.alt y,) will have to pay a hue ol $250 each,
without being scut to prison.
AUGUSTA, GEORGIA, WEDNESDAitjf ANUARY 18, 1854.
1 From the New York Journal Commerce, 9lli in<f.|
Another Conflagration ! —Metropolitan Hall
and the Lafarge House in B.uins!—Malig
nant Incendiarism!
Disaster lotlows disaster, in quick succession,
at sea and on land. Within a lew weeks, we
have had to recoid the destruction by fire of the
Empire iion works, Rodgeis’ clothing, and Har
pers’ publishing establishments, three valuable
merchantmen; besides minor losses, and now
there is added to the melancholy catalogue, the
Metropolitan Hall, the most gorgeous concert
room hi the United States, consecrated by the
“ Queen ot Sung” and hallowed by many pleas
ing recollections, and finally, the magnificent
marble structure known as the “ Lafarge Ho
tel,” which was just on the point ol completion,
and was to vie 111 luxurious splendor, with the
most magnificent of its contemporaries. The
aggregate losses by these seveial calamitous fires
exceed four millions dollars.
Fne was di.-co-eied at half past 12 o’clock
yesterday morning, in the south-wtst corner
[.Mercer street side) of Metropolitan Hall, which
has lately been connected with the La Targe
House, just erected on the Broadway side ol the
same block, il riot the work ol ai. incendiary,
its origin can only be accounted lor bv supposing
that it caught Irom the flue ol tne boiler em
ployed to beat the bunding w ith steam, which
is highly impr-bable. 1 here was a space ol
twelve inches, on all ides, between this flue
and any wood work. The mos remarkable
feature connected with this di.-astrous tire, grows
out ot the lact that threats were lieely made
pievious to Uavazzi’s last leciuie, on Thursday
night, that il he w ere permitted to speak again
in iriat bunding, it would be burnt; and we are
inlormedgon the best authority, that an individ
ual was seen to run from tbe Hail a short time
Uuiore the tiie broke out, anJ that, in all proba
bility, tbe wretch will be brought to punish
ment.
The Hall was speedily wrapt in fla nes, and,
with its gilded decorations and Iresco paintings,
tel! a piey to the devouring element. The low
er part ol it, beneath ihe concert room, to ruled
the dining-room and kitchen ol the hotel ; and
as tbe building was in close contiguity with the
hotel, the latter w s involved in tbe c-mmon
ruin. All this projieity belonged to Mr. John
La Farge, by whom it had been leased, with the
exception of the two stoies on tbe first floor,
Broadway side, to Wright, Lanier He Co., lor ten
years, dating Irom last May, lor $52,000 per an
num. All the arrangement lor commencing
uusiness were so neariy completed, that
Thursday had been fixed upon as the time lor a
public dinner, in honor of the event. For ill ny
days past, an immense quantity of elegant rose
wood lurniture, mommoth mi.rors, rich up
holstery. carpets, &c., have been carried m, and
eveiy effoit was making to give the La Farge
House an undisputed claim to pre-einiuence
among establishments oi the kind.
The only occupants ol the building weie Mr
Lauier, with his larmly and servant; and with
such rapidity did tbe flames advance, that they
saved their lives only by tbe greatest exertion,
with presence ot mind. Wituout uudeitakiug
to save any. ol their personal tfleets. Itiey lu-heu
to the main stairway; but so dense was ilie
smoke that it was lound impossible to ploeeed,
amt the next ended tor was lo tscape by tbe sei
tants’stairway. In Ibis luoiiiriuul perplexity
the gas-lights were all extinguished by tbe
smoke, and Mrs Lamer felt Irom a sense ol sul
location. With wondeilu! sell-possession, to
which he is indebted lor his lile, Mr. Laiuei
succeeded in gaming the stalls in the darkne--.
w ith ms wile, and reaching the bottom, buis
open the door and escaped. The son was
lortunate, tor, los ng himselt aik
I ges, he was obiteed to get .ugh a
K
‘ “f
ail to coirSTto-iby. Hail they beenf*J ' v * 1 'of* 1
of the bunding »t the lurieut the fiieAtl.
Ole lots of lile must have ensued. Mir.f &ss or *
was not in the city. IP 0 - an "
The iessees ol the Hotel ‘•(•Liirtated 10 KK
iterfrrroO.v TJTOTis amoTTui, $20.01i0 |
the caOmet I'uimlure, and Tie him ol
Lanier & Co , had $17,.000 in their own naßle.
Ihe latter are principally secuied by a stipula
lion in their coniiacts, wbicn exempts them
Irom liability umil toe gisids are all Uetiveied
Articles to the value ol $28,000, including the
sliver, ($18,000) weie to Oe ueuvered to day
The luunture was ot the mo-t costly descrip
tion, and had mostly been received. Ol tbe
whole, only about $1 000 01 $5,000 worth w»s
saved, and much ol Ibis badly damaged. T.'ie
carpeting, lurnished by Peterson & Huinphrej.
cost something ovef $40,000, and included very
rich patterns. Ol the whole, only two or three
rolls, that had not been laid down, Were saved.
Ptie cabinet waie, was Horn E VV. Hutchings's
establishment. It was neaily all ol rosewood
nchly carved, and cost Irom $15,000 to $48,000
Among ihe items, were 24$ rosewood bmeaux
•some ol the bedsteads cost SOOO, each. Ol itni
rois, there was the grea est prolusion, and, 111
connection with the upholstery, imparted to ihe
vaituus apartments a very goig ous appearance,
i’beie were about eighty 111 all, Costing aboul
$16,000. One of them was ol enormous'size,
having <ost no less than S9OO. In the dining
lontii which was very spacious, capable ol seating
700 persons, there weie twelve umiois, 8 by 6
met. I'ney were all lurnished by Waller &
K eps, The gla.-s, chi a and cooking utensils,
w ere vaiued at $0 OuO. J'he knctieu apparatus
was veiy complete. Among other articles thai
might he ilientioued, were 300 pail of blankets.
3 500 linen sneets, &c. Ihe l Upams and sheet
ing weie Irom Talon’s, in Talk place.
The stores 111 the basement Were unoccupied,
with a single exception. Hertz & Co. took pos
-ession about Ist ol January <4 one ol them, hut
nearly all their stock was Saved by the police,
and taken to the 15th district station house.
I'heir loss is inside ol i5,00H, and Is covered by
msuiance. The haibei’s shop hail been li'led up
ery elegantly, at a cost ol aboul $5,000, aud w as
not Insuied.
The La Purge House was erected by Mr John
La Farge. and the piopeity was insured tor about
S2UO.OOO* Ihe cost ol tbe buildings was be
tween $350,000 ai d S4OO 000, and the ground
they occtipu d. it we die not mistaken, s wuitl.
about sl-30.000. The trout on Bioadway is 150
1 leet. and on Mercer street, including Metropoii
tan Hull, 210 leet. An a tditmnal building, hav
mg 25 leet Hunt, was going up on Broadv; a y
designed as all addition to the hotel, e;,u to have
a marble Iroi t in a s yie to cc; resjiond w i»n the
main stiuoture, wh;cii would have given an en
lile hunt ol 175 leet. and 359 rooms.
The hotel buildings are now euHiely r zed t.
the gtound. 1 iremen y ester lay pulled down the
remaining fragments ol wall. A poitioii ol the
walls lell 011 the stole ol Chester DriggS. Esq .
damaging the root. Tne Bond Street. H.uisea si
stiffeied some. The propiieior provided the 1.1 e
men with things needinl lor Ihe body, and le-
Ceived a considerable numbei as lodgeis
I he destruction ol the hall will pu' Jollien to
considerable inconvenience, as he had intended
to give his "Ijiand Bui Bure” at that p ace Wed
nesday evening; hut it is not individuals, alom
hat are effected. The public have siistan.i d a
■oss that will not soon be repaired. We lean.
■ hat it is riot at (.resent, Air La Farge’s intrii
-1011 to lebui'd the hall, and that the late occu
pants ate nut disjaised to repeat their costly ex
perirneut.
At the time the Cue broke out, theie was a noth*
eiftlarm down town, which disconcerted the j
movement of the firemen, and delayed their ef
ficient action ; and when finally on the spot, there
was evident reluctance to enter the building, on
account of the high walls. A general alarm was ;
sounded.
The entire loss is about $500,000.
The following is the insurance on Metropoli
tan Hall and the Lafarge Hohse:—
Continental $lO 000
Atlantic 5 000 ;
Citizens’ 5 000 j
Fremens’ 5 000 ]
Hamilton 5,000 i
Market 5.000
Mechanics’ & Traders’ 5.000
Stuyvesant. 5.000 I
St. Mark’s ! 5 000'
Springfield J \ 5 000
Augusta j £ 5,000 |
Reliance 5 000 :
State Mutual (Phila) 5 000 j
Astor 5,000
Broadway 5 000
Brooklyn 5,000
Fulton 5 000
Lorillard 5,000
Metropolis 5 000
Pacific 5,000
Washington 5.000
St Nicholas ; 5 000
.’eter Cooper , 5.000
American (Phila) 10,000
N'. Western 5 000
Virginia 5 000
Italarge 5,000
Total $150,000
The insurance on the furniture (sl7 500) is
understood to be piincipally effected in Macon
j and Charles'on.
Supreme Court Decisions,
i We are indebted to Mr Cobb, the obliging Re
| porter of the Supreme Court, for the following
! minutes of points decided by the Court, at Sa
: vannah, January Term, 185-1.
i Towl.es for use, &c vs. J iiSTicES, &c. —From
Chatham
1. Contracts for the making and repairing o
! bridges in the several counties in this State, by
: the Act of 1845. are to he made by the Interior
j Courts of the several counties.
2. This general privilege extends to thecoun
-1 ty of Chatham, and lepeals the lormer Acts giv
•img power to make such contract's to the Cotn-
Cmissioners of Public Roads.
3. Hence a mandamus will not lie to compel
! ihe Interior Court to pay for the repairs ot a
j bridge, made by contract with the Commissioneis
] ul Public Roads.
Gueraril lor Pl’ff. Berrien for defd’t.
I A. Smith btal. vs H Atwood —From Mclntosh.
1. Where there is a general exception to the
entire charge of the Court below, the plaintiff m
a-signing error, must specify the portion of the
ehaige o which he exc-pts.
2 An affidavit that an original paper is lost or
mi-laid, a d that airer diligent search the depon
ent cannot timl the same,'is a substantial com
pliance with the 51st Common Law Rule.
3. A paper reiemng to another matter, but
making acknowledgments as to the matter in
. ci ntrover-y, is lelevaut, and should be admitted
I in evidence.
4. Where, by marriage settlement, pro; erty is
1 ,-ett e I upon trustees lor the wife during iil’e, and
I .it her death to the children ot hei marriage, and
j il no children, then to tne right heirs ot Ihe set
i tier (he husband); upon the death ot the hus
band, no children of the mariiage surviving him
Ate*/ became executed, and this lemamder
y |ie:son oi persons asj.t that Inn-
ot I— mil 111 r-^l.the
■P*
W®" $1
took 1 '!
Tbo'wile’s Equity and Right
slop does toot apply to choses in actul ,|
to possession by the Assignee of thq Husband
w ithout the aid and intervention of a Court of
Equity, especially if the assignment is made with 4
the consen'/of the wife. ,
fi W-hwe a 1 .gh* arc rues ft a feme covert , so
as she becomes discovert , the statute ot limi
tations commences to run in lavor of persons hol
ding adveisely to her.
7. VVhere the bill lequires the Defendant to
disclose the title by which he holds certain pro
perty, his answer setting lorth his title, is res ;
ponsive, and as such is evidence before the Jury. I
8. Legal imprisonment does not avoid a con- j
tract lor duress, unless used in an illtgal way, or i
lor a fraudulent purpose.
Stubbs and Dr Lyon for Lltff. Law for Deft
Williamson, Ext’it. vs. Wilkins and Wife —
From Chut ham.
1 When under the rinrction of a will, the
Executor invests a sum in stocks, the dividends
of which aie to be paid to the widow ol the Tes
rat’r during her natural life —Held hat the Exe
cutor is entitled to commissions tqion dividends
-0 received and paid out, and 1 hat the same #iould
Ije deducted from the dividends as leceived and :
;>aid.
' 2. A Court of Equity has Ihe power by decree !
tj com pel I the Executor to allow the legatee in
sitch-a case to receive the dividends directly, and
thus dispense with his sei vice and the commis
sion thereof.
G. Owens and McAllister, for Piss. Law for
D.dt. ,
* IT pc ins t-s. The State —From Columbia.
1. According to the commrn law, as adopter)
in Georgia, ihe offence ol simple larceny may be
laid in any county, where the goods stolen may
be taken, and the proot of the a-portation wrs
-ufficient to authorize a convict 011.
2 l'he provision in the Constitution of Geor
gia, requiring all offences to be tried in the coun
ty where committed, does not interlere with this
iule ol the common law.
3 An acquittal, therefore, in any county wheie
the goods may be taken is a bar upon the plea ol
autffois acquit to a prosecution in the county
wheie the goods were originally taken.
Kugers for pltlf. Atty. Geneial Shewmake
ior d- ft.
♦Judge Starnes did not preside id this case
having once prououiiced lodgment therein, wrieh
sitting in the Cncuit 'Court —Sav Rep. 13i/i iitsl
The Pii' IiABt | Monument — Since the an
n°un*!'inent ol the successlul seaich ol Col Bow
**•', for the g’ave ol Pula-ki, many enquiiies
I have been made ol us c< ncerning the progress ol
I 'he Pulaski Monument, and tt e pro able tim
! of its completion, lnordei to satisly ourselves ai d
i'lose interested in the 111 mumeutal decoiatioi
itourcitv, we y jjteiday applied to Col Bowen
who informed in that the gianite lor the p'ules
al has already arrived, in the Bug Augn-ta
and iiiitheirnoie that he had the day before re
eeiverl advices froin the coiitiac'or. Air LannUz
’tiat Ihe greater poitioii ot the material had re
•ent|v airivedat New Yosk Irom paly, among
other pieces the statue ol Ihe goddest of Lderttj
'o crown the whole, that all was 111 excellent 01 ■
dt., ami that the moimmeht would be completed
in evt ty part and be ready tor inauguia’ion
during;|be month ol March. We will also heie
-tate lot the mtormation ol the 1 üblic, who *»k-
deep interest in the subject, that ihe anti rri en
exanrtfnation by Medical gentlemen of the tk n -
•on leffently found, and supposed to be that o
Pulask(. is nearly completed, and that the result,
with a I the evidence w hich bears upon the ques
tion olTheir identification, and the place where
Pulaski was hurried, will be spetdily published
— Sav. four. With inst.
5
FOREIGN NEWS.
[Telegraphed for the Baltimore Sun ]
Arrival of the Steamer Baltic.
New York, Jan. 12.—The steamer Baltic has
arrived, bringing Liverpool dates ot Dec. 28th,
and eightv-lour passengers. The Europa ar
rived out on the 26th.
There was little news, on account of the
Christinas holidays. The difficulty in the
British Cabinet had been patched up, and
Lord Palmerston retains his office.
The rumored return of Lord Palmerston to
office had caused a fall in the French funds.
Paris, Dec. 28.—The three pei cents closed
at 75 trancs; four and a halves, iOl fr.
EASTERN AFFAIRS.
It is rumored but disbelieved strongly that the
Porte will consent to resume negotiations.
The London Times has the following dispatch,
dated Vienna, Wednesday evening:—
“The Russian steamer Pruth set two
Turkish villages on fire by throwing red hot
balls.”
Constantinople, Dec. 19th.—Negotiations
on the Peace project has been lesumed, and the
Porte manifests a pacific disposition. The allied
fleets ure still at Beycos.
St. Petersburg. —The only indications of
anticipated war are a rise in the prices of some
articles.
A violent lempest had occuned in the Black
Sea. and 89 merchant vessels had been lost.
The whole Russian fleet had left Sinope, after
staying two days to repair.
It was reported that Cassadan Pasha had been
dismissed for neglecting his duties at Sinope.
War had been offi-Tally declared by Persia
against Tuikey.
SWEDEN AND DENMARK.
Berlin, Dec. 24.—Negotiations are pending
between Sweden and Denmark, having lor their
j object the conclusion of a league, offensive and
I defensive, between the two States.
MARKETS.
Liverpool, Dec. 29.—Cotton continues firm
Sales yesterday of 6.000 bales, 1 000 on specula
tion at 6fd lor lair Orleans; 6J tor middling ;
6Jd. for fair Mobile; 5S I. lor middling; 6i I. lor
tair Upland ; 5Jd. lor middling ; ordinary 4f a
| s*d.
Breadstuff's closed with an active demand at
advancing rates, t row n & Shipley on Tuesday
quote Western Canal Flour at 375. a 375. 6d ;
‘ Baltimore Philadelphia and Ohio 375. 6d. a 38s;
Genesee 335. a 345. 6d. Wheat was in good re
quest at 10s. 44. a 11 s for white, and 10s. a lCs.
4J. lor red. The better qualities of Corn were
dearer—white 475., yellow 465.’ Another cir
cular quotes white Wheat at 11s. Id.; white
Corn 475., yellow 465.
McHenry quotes Pork dull. Beef gone into
the hands ol speculators at a considerable de
cline. Operations in Bacon checked by high
prices. Cheese wanted. Lard steady at 50s.
fallow fiim. Bark quiet.
Breadstuffs very stiong, and over-due vessels
will meet with a good maiket.
Nothing will be done in Naval Stores till
Jaii 2.
Liverpool, Wednesday Evening —Cotton
j meets with very good enquiry lor home con
j sumption. Sales to-day ot 7,000 bales, including
2,000 to speculators and exporters.
London Wednesday. —Consols closed at 94 a
94 j.
Further Foreign News by the Baltic.
The papers Irom Liverpool to the 29ih lilt,
brought by the Q. S. Steamer Baltic, which ar
rived at New York on Thursday evening, came
to hand last r.ight. The Baltic was detained al
Liverpool 36 hours beyond her regular time fbi
-ailing, in consequence of the low tides'
rendered it impossibjqjot.Wt-"’'--'. - ’'-'
' v
IMP) warrived at
: lla y Ijildf'oo I'nursday, Dec 29, at 4 P M.
' The United States irigate Saranac, Captain J.
C. Long, 25 days Irom Norlolk, Va., and six day s
Irom Fayal, ariived at Gibraltar on December
'l6th, with Air. Spence on board.
Great Britain. — The return of Lord Palmer
ston to the British Cabinet, it is understood, is
equivalent to a deliberate determination to pie
(rare lor war with Russia, in conjunction with
France.
l'he London Times in its latest editorial thinks
war inevitable and that it must spread all over
Europe and Asia.
l'he only event ot political interest is the de
cision ol Lord Palmerston to retain office. The
reason assigned is that his differences with the
Government on the Reiorm Bill have been ad
justed, or were tound to be unimportant. The
f lines renew s its assertions that toreign affairs
had nothing whatever to do with his tender ol
resignation.
A letter from Mary Howitt, in reply to Fred
erika Bremer, appeals in the London I'imes, re
iative to the translation by Mrs. H. of Miss B’s
’Homes in America,” and expressing great sur
prise at " a card” of the latter, say mg that there
are many wrong l things in the translation. Mrs.
Howitt says, ” 1 was more particulailysurprised.
as 1 received from her very lately a letter ex
pressive ot her great satisfaction with my ver
sionot her work.”
A subscription is now making in London for
a testimonial to Capt. Ludlow, ol the American
bark Monmouth, tor his heroic exertions in res
cuing 104 persons, survivors of the ship Meri
dian, wrecked on the Isle ol Amsterdam.
France. —l'he Russian Ambassador would de
mand, it he had 1106 already demanded, an ex
planation with reierence to the entry ot Hie
fleet, and whether it is meant as a hostile de
monstration on the part ol Fiance against Rus
sia. The answer is expeeftd to he that the poli
cy of the French govei umen! has undergone no
change; that peace is still lhe obje.-t it desires,
and that no effort consistent with the national
| honor, and the mtegiity and honor of the Sultan.
! the ally of France, will be spared iri its attain
; merit, and the presence of the lleet is less a tios
| tile demonstration than lor the (impose of pre-
I venting the reeuirence ol such a calamity as
j that which has recently taken place.
By Impeiial decree. M Tioplong is nominated
' President of ihe Senate for 1554; AI. Mesnard
1 fiist Vice President 01 the Senate, and Drouyn
de Lhuy, Gen. Baraguay d’Hillleis and Genera
Sr. Jean d’Angely, Vice Presidents; VI. Bil
Unit, President ol the Corps L-g'-latu for 1854
and MM Schneider and Keveil. Vice P.e-ideiit-i
Gei . Vast- Vitnetix and \l. Hebert. Q iestors.
Rumois are current that some ol the Empe
ror’» special friends will be raised to higher dig
nines at Ihe commencement ol ihe new year
l'he tine estate ol Run y, confiscated irom the
Prince de Jomville, was offered lor sale at auo
mu on 22d ult, at the Hotel de Ville, Veisaibes
fheie weie no bidders and it w as w uhiliawn.
T lie. Turkish War — We aie totally withou
news irom Ihe sea' 01 war. The allied fleet
rave doubtless enleieil the B ack Sea, although
tie public are vet unawaie on what day or with
w hat instructions they entered
The rumors respecting the prospee*sot peace
are <ontradictory. While some peisons mam
am that the Emperor of Russia has consented
o send a plenipotentiai y to the c ntr-ss a'
Vienna letters horn St. Petersburg shi'e posTive
iy that, the Czar insists that the te g on- qoes
ion shall be ananged between hmi-elt ami H.
Sultan without the Intel vention ol other |n>w W.-.
If is added that the Emperor has n ■o' jecn n •
>end a lepresentative to the conference, bur ma
ne le-eives to himself the light, to tie a' direct iy
witn the Porte on all that tela’es to the piotec
turate of the Gitek sul jects ol I ui key.
— L_== —. =
VOL. 32--JNKW SEKILfc—VOL-8.
Prince Ghika’s deH
On the Danube t
have moved a great part of their heavy a'faß-.tjr
irom Kalafat to Widdin. '
German newspapers pretend that Turkey cob
aiders all the tieaties with Russia void now, and
annulled; thus wishing to treat on wholly nesp
bases.
Increase of the Russian Fleet.— The Loot
don Daily News says:—We have the ber ''u*-
thority lor stating that the Russian High Au.afc
ral having recently inspected the Czar’s Baltic
lleet, one hall of the ships were at once con
demned as worhless, and it was tie'ermined 6®
build,oh contract, a number ot screw line ol bat
tle ships—one account says no less than thirty?
We may possibly find some of these contract*
taken in the Clyde, or the Thames, and may
salely calculate upon a portion ol the vessels be
ing built by the Americans. But it will take
two years to get so large a fleet fit for sea—evert
it the cash is forthcoming.
Spain. —A loyal deciee published in the Ga
zette on the 18'h gives the force of the law t®
the ministerial budget, althuugh it has not beec
sanctioned by the courts.
A tremendous gale was experienced on tfc
18th along the oasts ol Spam and Portugal. Aft
Cadiz, the American ship Ernblica, which sailed
on the 10th lor Boston, with a cargo ot salt, p*4
back on the 12th, so leaky that they had to (tun
her ashore.
According to the Epeca, \1 Bermudez Castro
is to exchange the legation ol Naples lor that of
Washington.
Gen. Manuel Oiibe. ex-President of the R»-
publicol Uiuguay, arrived at Barcelona cm the
16th, in the Spam h irigate Restauraciun, com
ing Irom Montevideo
t he duels fought by Messrs. Soule, fatin*t an®
-on, have caused a great sensation. Letter* Audi
papers give lengthy accounts, and generally sus
tain the Soules, and blame the Fieucb munster,
with wtioin the elder Soule lought.
India a v i> Caina.—Dates from S'r anghav
are to the 3.1 N:>v. Constant fighting was going
on with little result on either side.
A correspondent ot the London Tirnfis, says:
" The proceedings ol the American Commis
sioner and tlie American Coi sill as regards neu
trality, are coi.sniered somewhat equivocal, and •
the insurgent duel has addiessed a iettei on this
subject.”
Amoy. November oth, was expected to b«
speedily retaken ny the Imperialists. At- Cautrxn
ihere was nut lung i ew.
It was generally un 'eistood that Sir George
Bonham's resignation was accepted. Nosucce*-
sor appo nted.
,Vli. Maistml! vasal Macao, awaiting the ar
nval ol his succes- r.
At Whampoa. Uint.d S'a'es ships «f war.
Vlac. doiiian. M -sm-ipp , Po a hdtau Supply Ad
vlacan, stolesh p Sun bamp'on. At Cumsing
vloon, Vandalm. a d t •itianghia, Saratoga _
I he Lai esT —Bv elec ric telegraph to Liver
pool v.‘e have the tol-oAing.
Sw eden, Stockholm. 26 —The Kirg has in-
Ateal me D.e l to i ominate a small r. i in be iof its
m> mbers possessing t's entire confidence, t®
A tioin. a-a seciet committee, the government]
may make an impoa’ant cominunication. It is
bebevnl hat be government wishes to bnag-.
ome mnmen'uous tacts connected with ICNStgia
flairs to the kuowle ge ol the Diet.
Odessa. 16 h. Grain again more attire.
Kietghts steady a' I rr» er high prices.
Constantinople
PeiMa lias inl< line-' his Consuls ol his inleotioßi
o suspend diplomatic relations with Great \
Biitam.
Oil the Black Sea the price of corn has rise*,
enormously.
The latest statement, if it can be relied oat,
comes by telegraph on Dec. 22, and states that*
dispatch had been received there from Bara®
Brack, dated Constantinople, 20th, and was ioo
mediately communicated to the Ministers of Bri
tain, France and Ru sia, to the effect that the
Porte will send a Plenipotentiary to the Confer
ence, provided the Russians evacuate the Princi
palities. The embassadors of the three Power*
had been instructed to uige on the Sultan not t*
insist on this condition, but to assure him that
the integrity ol the Turkish Empire will oe
maintained, and that the Principalities shall be
restored as soon as the dispute with Russia studi
have been settled.
A Constantinople dispatch, of Dec. 10, tnea
tions that the Vienna note reached Constantino
ple on the 10th, when Reschid Pasha bad an ra
terview with the foreign Ministers. He pro
mised to do his utmost for the furtherance’ off
peace at theGiand Divan which was tomeetors
the 20th, but though thabthe part that had bee®
taken by Persia and Russia would render an ar
rangement very difficult. Both the Turkish
Minister in Persia and the Persian Minister at)
Constantinople have quitted their posts contrary
to the advice of the French and English Minis
ters. The Turks are prepared for an expeditiom
against Sebastopol.
Confirming the above we have accounts frous
Vienna, 24th, that the Persians and Russian*
have opened a direct communication, and that
the Russian General Yermoloff is to command
the Peisiau forces. By advices of the 2d, we
also learn that the Persian Beglerbergs have re
ceived orders to prepare quarters for the recep
tion of troops.
The overland Indian mail brings confirmatio*
that the Shah of Peisia had lefo Teheran with
an army numbering 30 000 cavalry, with I,oo®
pieces of cannon, ane 3 000 camel load- of am
munition, to co-operate with Russia. At latest
accounts the army had passed Tabreez. The
Shah had also sent an envoy to Dost Mahomnaei
■o point out the advantages of his siding with
Persia and the Russians.
Odessa letteis of the Bth state positively that
the Jagondib, Russian 90-gun ship, was destroy
ed at the battle ot Sinope. The official bulletin*
do not mention this loss. The ship was bravely
attacked by a Turkish Irigate, and both vessel*
blew up. One of the Tut kish Admiral’s aids
de-camp had died of his wounds at Sebastopol.
I'he Admiral, Omar Pasha, has himself hod*
limb amputated, and now lies in a dangerous
state. The Turks themselves estimate the low
they sustained at Sinope, in ships, munitions an 4
treasure, at 20 millions of piastres.
Fiom the army in Asia, there are no later re
ports. The details to hand of past events®©
not bear out the victories claimed by the Rus
sians.
Two levies of recruits were made in Poland
on the nights of Nov. 24 and Dec. 8. at the rate
of 8 men in 1.000, and the luckless conscripts
were forthwith sent off under escort to Kiew, t®
be drafted into the fleet on the Black Sea and
rhe army in the Caucasus.
Part of the Russian force in Poland has bee a,
ordered to join the army in Wallachia.
From Bucharest, 15th, we learn that the paste
three days large masses ol troops had been inarefn
mg upon Lesser Wall.ichia, and that Price©
Gorchakoff had taken the comrne.nl; and that at)
Constantinople a telegraphic despatch from Omeif
Pasha dated Blh. states that he is aware the in
tention of these movements is to attack Kalafatt,
The European residents of Smyrna have col
lected 300.000 tiancs to send to the Frank vol
unteers in the Turkish army.
Russia has appointed M. de Fenton as Impe
rial Commissioner in Servia, and has given aa