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JOURNAL & MESSENGER.
JAMES T. XISBET & S. ROSE, Editors.
O’Charles Macay. the popular English poet. has
edited a collection ot his work-|<or Messrs. 1 rcknor,
Reed d* Fields, who will shorliy issue them in one
handsome volume. From the new poems, wr extract
this exquisite piece, unsurpassed either by Tennyson
or Words wort ii.
CATHEDRIL MUSIC.
The anthem ceased, the kneeling woman rose ;
The long aisles slowly emptied ot’ the crowd,
But stillthe organ pealed its solemn tones;
Touched by a mighfer master ©t his art,
It gave its soul ot melody for his.
He played a Voluntary to himself
Unconscious ol a listener. W hat he dreamed
1 never knew, but that 1 heard him play
Shaped his imagination to suit my own,
And formed them into this:
The low, soft notes
Trickled upon each other, like lie diip
Os rain i upon ireesanrl tiowors.
And lo —l wandered knee-de*D in li<* eraw,
Through a green meadow pied with butter cups.
Valerian, daises and wild hyacinths.
I heard a rippling murmur ot a brook,
Whofr limpid water* sparkled to the sun ;
Upon its brink a troop of children sat—
Fair boys with chubby cheeks and laughing eye*,
And girls with ringlets waving lo the wind.
They braided garlands ot the meadow’ flowers.
And tird them up with bushes: 1 could hear
Tiieirjoyous laughter and their artless talk; —
i’he song ol blackbirds in the neighboring copse,
The trumpet of the gnat, the bee's loud horn,
And click of grasshoppers, like meeting spvars.
Anon the organ poured a deeper strain,
And carried me away,—far, tar away,—
In the green meadow, miles and miles adown
A lengthening river widening evermore.
1 Saw the towns and cities on its banks—
I heard the pealing of the holiday belis,
And roar ol people in the market-place.
The flapping of the sails ot merchant ships
Laden with corn, that with each flowing tide
Came upwards io the towns; I heard the creak
Os chains and dropping anchors >n the ports,
A chorus at the capstan, ohhe crews,
As round nd round they trod with measured step*,
And all the bustle of their busy life.
And still away—away —in floeds of sound!
The uuseea musician sitting at his keys,
Transported me, a willing auditor,
Where’er his lancy would:—the deeji lull tones
Grew deeper, fuller, louder, more sublime,
Until the waves of music swelled to seas
Whose angry billows, white with crestsof foam,
Rushed with impetuous thunders on the land.
‘i’he moon withdrew her splendor from the clouds
And hid herself in darkness—the wind rose
And soared in chorus with lb’exulting sea
That answered it w ith thunders ot her own.
Rain, hail, and sleet, and avalanche of spray
Broke in succession—wind, and sea, and skv,
Octave on octave —burst in worlds of sound.
The mighty discord* clashing evermore,
Only to meet and fuse in harmonies.
Anon the lightning flashed upon the dark,
And thunder rattled o’er the cloudy vault,
As if the chariots of the h<aveniy host
D love to the Judgment-seat, and Earth’s last day
W ere sounded by the trumpets of the spheres.
The echoes rolled through the calliedra* aisles
And died in silence: — Lo, the round lull moon
Peered from the bosom ot a rifted cloud;
The winds sank low—the seas grew calm.
While loud clear voices from the upprr air
Sang in sweet hormomes—'T.’.e Lord is great
His loving kindness lasts lor evermore.”
Liability of Rail Road Companies, Stage
ami Omnibus Proprietors, and others en
gaged in the Transportation of Persons,
for Uagguge accompanying Passeugers.
Oscae H. Dibble,Pitff in Error,
vs.
Brown &. Harris.
Halls lor Pitff—Poe, Nisbet & Poe for Defts.
Writ of Error before the Supreme Court , at Deca
tur, in August last.
NtSBET, J.
This action was brought to recover the value of a
Trunk and its contents iron the Defendants as Com
mon Carriers Tnedefend mis were proprietors ot an
Omnibus running from their Hotel in ihe ci'y ot Ma
con. The Trunk was placed in charge ol the Plain
tiff’s sou, a youth about lour'een years old, at Colum
bus, and taken with him as baggage on Coaches run
ning from that city to Macon. At .Macon he stayed a
night at the Defendant’* house, and passed from ihe* i
in their Omnibus, the next morning, to ihe Central
Hail Raid. Depot His baggage, including the lost
trunk, was received by he Defendants at their hotel,
end brought out by their servants to be sent to the de
pot with him. Upon arriving at the depot it was found
not to be with the baggage and was tiualiy lost Ilav
ing proven that the trunk belonged io him and also ns
loss, and the facts above siai*J. the Plaintiff offered
to read the testimony of Mrs Margarette Dibble, his
wife, taken by commission, to prove that she pack* and
ihe trunk—what were its contents, and their value
The defendants objected to the reading ot her testimo
ny upon three grounds:
First, because the plaintiff had not proved that the
trunk had been delivered into the possession ot the de
fendants.
Second, because the articles, con mined in the bill of
parcels annex* and to the declaration, and which the evi
dence was offered to show were in the trunk, were
merchandise, and not such articles ot necessity and
convenience as travellers are accu*ionied to lake with
them, and for the loss of which, alone, the defendants
are by law liable.
Third, because the evidence of a put ty to prove the
contents of a trunk,in an action to charge a common
carrier for its loss, is admissible only in case ol spolia
tion being committed on the property ol the plaintiff
by (he carrier, and as no spoliation was proven to have
been committed by the defendants, the evidence was
inadmissable.
Upon these grounds the testimony was rejected, and
they make the points brought up for review.
No objecion was ma le to the evidence upon the
score of Mrs. Dibble t etng the plaintiff's wile. The
Plaintiff in Error, in the record,and counrl on both
■wles in the argument. Created the case as if the plain
* ff tn the action had himseii been tfiered to prove the
content* ol ihe trunk, and their value. The general
rule is, that a wile is not a competent witness in a suit
where her husband is a party ; for reasons which grow
out ol the relation ot hustiand and wite. Her compe
tency, in this case, depends upon those principles winch
in like cases would make her husband, who is the par
ty plaintiff in ihe action, himself a witness to make
out his case. We shall find that his competency, in
just such a case as this, glows out ol an overruin g ne
cessity. So her's WithoutlaitherrMn.uk upon the
character ol the witness, as the wife ol the plaintiff,
than that we considered her as not exerpmd to cn the
ground of that relaron ; I proceed *• not ce the three
grounds of incoinpetency taken in the bill ot exceptions,
and stated above, as I find them there stated.
The first is easily disposed of. It there was no de
livery of the trunk t*the dslendatiis—iliti- not prr veil
to have come iutolheir possession, there can be no re
covery tor the plaintiff Re> ept.on ol the truck as bag
gage, lies at the foundation ol the plaintiff's right ol ac
tion. Whilst this is true, Ido not see what it lias to
do with the competency of Mrs. Dibble, ll her tesn
mony is admitted, and no delivery is proven, it goes lor
nothing ; for in that event it would t>e the duty of the
Court lo instruct the Jury that ihe plaintiff could not
recover, lndeed.il that is not proven,no matter w hat
else is proven, the plaintiff has not made r ut his case,
and would fie non suited. Again ; there is no room
far considering this question. The lacl of delivery is
for the Jury* to determine, if there is any evidence going
to prove it- There is in the record evidence ol dr live
ry. It is proven that the defendants were the proprie
tors of the Washington Hall Hotel, where young Dib
ble stopped, and that in that character they received
both him and his baggage, including the trank ; and
it is also proven that they were proprietors ol the Otn
nibus which conveyed him to the Central Railroad
Depot from their door ; and it is larther proven, that
the trunk, at the time when he entered the Omnibus,
was present in the hands of one ol the servants wailing
at their Hotel; and also, that he, (young Dibble.) in
formed the servant that it was to go with him to the
Depot. I will net say that this testimony is i>osit:vr
demonstration that in their character, as proprietors ol
the Omnibus, the trunk came into their hands ; far it is
net necessary so to say, but I will say, that it isevidence
going to show that they received it, and that is all ihat
i* necessary for my purpose. It was quiie sufficient to
carry the case to the Jury on the tact of delivery II
so, we are not at liberty to enquire whether prool of de
livery was first necesnry to be made tn order to the ad
missibility of Mrs. Dibble’* testimony. The proof was
made, and that i*an end to this objection.
The third ground of objection, which I next notice,
because more appropriate to this stage in the aigu
ment.is that the exception upon which the evidence of
the plainttfl i* admissible to prove the contents ol a
trunk, in an action to charge a carrier lor it* loss, ex
tends to cases only where the carrier is proven to have
been guilty of some fraud, or othertortious and unwar
rantable act of intermeddling with the plaintiff* goods,
and i* then only admissible when there is no other evi
dence to prove the damage. In no case is it adm*ssi
ble, if there is other evidence ol ihe damage at the com
mand ol the plaintiff. If there is none, then it is true
that the spoliation being proved, the evidence of the
patty is admissible in odium f {elision t This rule is
fully illustrated in the case of Herman V. Drink water.
There a Ship Master received on board ol his vessel a
trunk ol goods to be enrred to another port On the
pas-tage he broke open the trunk,and rifled it of tiscon
*t?d >n an action by the owner of the goods, the
plaintiff, Laving proved aliunde the delivery of the
trunk,and its violation, was held competent to testily
Vo the contents ol the trunk.
1} r * en £ ! ; Children’s vs. Saxby, I Y'ern.
*O7; 1 La. Cm Ab. 229. S. C.; Tait on Evid. 280; 1
Greenleafs Lvid. $ 348 ]
The principle upon which the rule goes, has been ex
tended to the case ot bailors who have been permitted
iu suits brought by themselves far the contents of
trunk* lost b’ the negligence of bailee*, to prove their
contents. [Clark vs Spence, 10 Watts’ R. ?:J5 ■
Green leaf’s Evid. $ 348.1 In such case*, growing* out
of the negligence of bailees, the idea of spoliation is
excluded. Whilst then it tstiue, that because of the
•bhorrence which the law lias for acts ol spoliation,
the evidence ot a party is admissible in his own case •
F*t it is irue that there are other cases where upon
vh*r grounds a party may also testily. “The oath in
hum, ni ys Proffoseor Greenleaf, is admitted in two
•lassesot cases: First, when it liB been already prov
ed that the party,against whom it is offered, has been
gu>iy ol tome fraud, or other tortious and unwarranta
ble act ot intermeddling with the complamania goods.
**** no other evidence can be had ot the amount of
: damages; and. Second, where on general grounds of
I public policy it is deemed essential to the purposes ot
Justice.” [Greenleafs Evid. I vol § 348 ] Aga*n,
:in speak inn the admissibility of aba i lor sue ing for the
value of goods ht by the negligence ol the bailee, the
|-aine learned writer says, Such evidence is admitted,
\ not solely on the ground ot the just odium emertnined
! both in Equiiyand at Liwajjaiiisi spoliation ; but also
bn a* se Irotn the necessity ol the cue, and the nature
of the subject, no proof can otherwise be expected, it
ot being usual even for the most ptudem persons, in
such cas*-s, to exhibit the contents o\ their trunks to
strangers, or to provide other evidence el their value
For where the law’ can have no lorce but by the evi
dence of the person interested, then the rules of the
Common Laic, respecting evidence in getietal are pre
sumed to be laid aside, or rather the subordinate are
silenced by the ntot transcendent nod universal ru>;
that in oil cases, that evidence is good, than w hich the
nature of the subject presumes null*- better t<* he attain
able ” [Greenleafs Evict I vol. $ 348;. The neces
| sity of the case,and the n.nute ol the eul j* ci are, tltere
t !©re, grounds op*n whicn the evidence cl a bailor, v. ho
is a party, may be admitted to prove the conieuis of a
lost trunk. Upon these grounds, we tulr th.it the evi
deuce io this case outfit to have i e n admitted. This
iu!e recriveti an enlivinened fXpoiiini in h'* cese be
fore referred to, o* Clark vs. Spence, 10 Waits, 335 In
that case, Judge Cos ,eiß remarks, “ a party is no: coru
peteiit lo testily in ms own cause; bin like every oilier
general rule this has exceptions Necessity, either
physical or moral. rii-p-ose* with the ordinary rutrs ot
evidence. In 12 Vm 24. pt. 32, uis laid down that on
a trial at Roduyr comm X’onlas.uc /., ags inst a com
mon carrier,n quest ton arose about the thin-s in a box,
and he deviated that this was one ot those cases where
the party, himself, might be a witness, ex necessitate
rei u*r ivtv one did not show what be put in bis box
‘I he Mine principle is r*cognised in utcisions on the
statute of Hue and Cry, tn England. whete a party
rnbh*d,is admitted, ex necessitate —That a party then
can be admitted, under certain circumsiancrs, to piove
ihe contents of a box or trunk must br admitted, dec.”
I then assume upon authority, that the parties’ admis
sibility does i,ol depend upon the lact <4 spoliation
alone, but that be is admissible to prove tiie coni-nts
of a trunk, when no other evidence is iituiiialle, upon
the ground of a policy, in Jacai em juslilup. springing
out of the necessity of the ca-e, and ihe nature ot the
subject. Equally is ihe assumption sustainable upon
principle; tor .is argued by Greenleaf, alt subordinate
rules of evidence aif silenced bv that m iversal und
tianscetidanl ru'e.tiial that evidence, in all cases, is
good than wit ch the minor of the subject presumes
nme he trrto Ire attainable. Justice has bet iiecessi
lies.—one ot wh'ch is, (hat wrong ntu-l be prevented
-veil by over tiding rules of evidence, which ate erdi
narilv n t only sa.utarv but iudis; usable.
The r-le is applicable to tiiiscase. It js not pretend
ed tha f itrere is any evidence attainable, to prove the
contents of this ttunk, but that ol Mrs Dibble ; she
packed it,and sue alone, knew rs conteine. The ne
cessity <d her admission, then, is found in ihe lact,
winch clearly appears* on the lace ot this record, that
if she is excluded, the plaintiff looses bis rights ‘1 he
reason ol the rule is fortified by a consideration of the
confidence and trust, wlnch the public aie obliged la
repose in caTiers. and the facility wiih which that con
fidence may be abused [Lane vs. Colton, I. Vt#er
Abr. 219].
j The second ground of objection to Mrs Dibble’s
testimony, involves a question ol some difficulty.,and
ol great practical importance. And it is this, to-wit—
how larthe rule, admitting the evidence ol a party, is
limited by that kind ot liability which the law has ini -
posed upon Stage Contractors, Railroad Companies,
Omnibus I’roprietor* Rod others, who convey passen
gers, lor the less of their baggage. The point then
resolve* it sell into the enquiiy —For vchnt articles in a
Iruuk, accompanying o irareller as luggage, is the
carrier liable ? The question is mooted in the books,
wheiher such persons,as regards baggage accompany
ing travellers, are liable as common earners, or as
private persons engaging lo carry tor hire, li the for
mer, they are iiable as insuiers against loss, except,
■ when occasioned hy the act ol God and the pubficene
j mies; and. if ihe latter, they are hound only to due
j anti reasonable skill and diligence in their undrrtak*
! ing.
It is, however, now weil settled that they are liable
for baggage a* common-curriers. Without other com
pens-ition titan the lare tor passengers, they are liable
lor their baggage as common earners are liable lor
goods delivered lo them lor transportation—that, is,
they are liable tor baggage, at all events,exce. t when
destroyed bv the act o! God, or inevitable accident and
ihe public enemies
[Brook vs. Pickwick. 4 Bing. 218,222; Christie vs.
Griggs, 1 1 Camp R- 86 ; Alien vs. Sew,-ill, 2 Wend.
R. 327. 341 ; S C., 6 Wend.. 335; Clark vs. Gray. 6
List. 564 ; 13 Wend. 611, 627.628; If Ibid. 85. 114,
toll'd: 19 Ibid. 234 ; 2 Ken.’s Com 600, 6(JI, 4, h edi
tion : 1 15*- I’s Coin. 467, 462, 475, S.ii edition ; iStory
| on 8ai1,511 j
It remains, however, to enquire what is to Ire utider
’ stood by baggage for which they are thus liable. And
I we ate not guided in this enquiry by adjudications
which srttie a definite rule ol universal application.—
i From their usual course of business, when they carry a
j passenger, a contract is implied to carry also his bag*
J gage. They are prteumed to be compensated in the
I fare for Ins transportation,and 1 can very well believe,
j well compensated, because the amount ot travel is
’ gre tly increased by ihe comfort and convenience of
carrymg baggage, and would be lessened if for Ins bag
gage a passenger was required to pa freight. It is
cunous io tentark, as I do ea passant, that the law
lakes more care of a man’s baggage than it does ol his
li e and limbs; for the former, the carrier is liable as
itisurrr against Joss, except by the act of God and the
public enemies; for the safoty ot the fatter, he is bourd
only io extraordinary care and diligence. But lore
turn —lo what articles under the denomination of bag
gage dees tins implied contract extend l
Judge Story informs us that “ by baggage we are io
understand such aiticles of necessity, or personal con
venience as are usually carried by passengers for their
personal use, and not merchandise or oiher valuables,
although carried in the trunks of passengers, which are
not des.gred for any such use but for other purposes,
such as a sale,and the Ike.” [Story on Bail,s 499.]
In Orange county. Bank vs Brow n, Judge Nelson
says,” a reasonable amount of baggage, by custom or
thecouitesj of the carrier, is considered as included >n
ihe fare for the person ; but Courts ought not to permit
this gratuity or custom to be abused, and under pre
tence of baggage toinelude articles not within theser.se
or meaning of the term, or within the object or intent
of the indulgence of ibe carrier, and thereby deiiaud
him of Ins just compensation, and subject him to on
known and illimitable hazaids.’’ [9 Wend 115, 116]
111 Hawkins vs. Hoffman, Bronson, J. says,* * an
agreement to carry ordinary baggage may weil be ini
plied from the usual course ot business ; but the impli
cation cat not be extended n single 6tep beyond such
\ hinge as the trave.ler usually has with him as part of
j his baggage. It is doubtless ddficull to define withac
curacy what shall be d< emedbaggage, within the rule
ofthe Carriers liability Jdo nut intend lo say that the
articles must be such as evety man deems essential to
bis comfort, for some men may carry nothing or very
nttle with them when they travel, whilst others consult
thetr convenience hy carrying many tilings. Nor do
[ meal) to say that the rule is confined to wearing tip
p.ttel, brushes, razers. witting apparatus and the like,
i which most persons deem indispensable. It one has
| books fu Ins instruction or amusement by the way, or
I i-arru s his cun or fi-hittg tackle, they would undoubt d
• .y fail within the term baggage, because they are usual
y ca'ried as such. This is, 1 think, a good tesr ford*--
-rrntinmg what things tad within the rule.” [6. Hill,
, N. Y K 529,59d.j
It has been decided that under the term baggage,
merchandise, such as s.lks, and otter fine articles, are
,jol embrveed ; [25 Wend 459 J Nor large sums of
| money ; [9 Wend 85j. Nor samples of merchandise;
[6 Hilt’s N. Y. R.586J. A watch is embraced, ac
! cording to the Ohio Courts; [lO Ohio R. 145]. !8o
tar as these rulings go the doctrine may be considered
ns settled, and it must be consideted ns settled in all
cnees tailing within the reason of those rulings
When, how ever, nil this is done the subject is disco
’ cumbered ot but iittle of the difficulty w Inch environs it.
Nor dees the text of Story, or the opinions of Ju g-s
Neison and Brons n relieve it of embarrassment.—
When we settle down with Judge Story upon ihe pro
position, that by baggage is to be understood “such or
’ tides ot necessity or personal convenience as are usu
ally carried by passengers tor their personal use,” we
are still without a rule tor determining what articles
are included in baggage. For such things as would
J V nrcessiiy to otie man, would not be necessary to
mother —articles which would be held but ordinaty
.conveniences bv A , might be consideted tneurnbrnn
cesby B One man,from choice, or habit,or irom ed
ucationu! incspacity to appieciate the comfort* or con
ventences ot life, needs, perhaps, a portmanteau a
change of linen and an indifferent razor; whiist an
ether, from habit, position and education, is unhuppv
without all the appliances of comfort w hich surround
h mat home The qiiamny and charactei ot baggage
must depend very much upon the condition in iite ol
the traveller —his calling—l.ts hubns—hi* tastes —the
length or shotiness o! Ins journej, and whether he tra
velsaloneor with a lamily it we agree farther with
Judge Story, and say that ihe articles of necessity or
ol convenience must be such us are usually carped by
travellers for their personal use, we are still at fauit.be
cau-e there is tit in> JSiate ol tins Union, nor in any part
of any one State, any settled usag* us to the baggage
which travellets carry with them lor their pe.soual use
The quantity and character ol baggage found to accom
pany passengers ate as various us are the countenan
ces of the travellers. The negative part ot Judge Sio
ry’s definition, wnh more precision lurmshes a mle pro
tanto. Baggage, he snjs, does not embrace merchaii
dize, or other valuables not designed for personal use ;
fiat which ate designed tor oiher purposes, such os a
-ale or ihe like. We may sately say that ti does net
embrace merchandize or oiher articles which are in
tended to be sold. But it is not to be understood, 1 ap
prehend, that no article is embraced which may be
classed with ineichandi/.e.or which is a valuable oth r
ibrm such as is usual tor personal use. Regard musi be
itad to the quantity and value ol the articles. A trunk
of laces, lor example, although light and small in buik.
. clearly is excluded. Their value would exclude
them. The risk imposed upon the earlier is not that
contemplated in the implied contract to carry baggage
and to be responsible tor it. The liability in such u
case would be wholly disproporifoiled toihe cot ipensa
tion which he is presumed to derive from the laie ol
passengers. Besides, it is a fraud upon him to subj -ct
him to so great a hazard without warning him of its
existence. As to extra baggage, the proprietors of
Rail Roads, Steamboats, Coaches,Omnibuses, Ac. en
gaged in the business of carrying possengeis. have ihe
right to stipulate for compensation. 8o also in regmd
to goods and baggage which do not accompany the
traveller or hts agent; and it they hold themselves out
to the public as persons exercising a public employ
ment, slid as being ready to carry goods for hire lor
persons in general, as lo such goods and extra baggage
they are commou carriers, that is, they are liable lot
loss, except where caused by the act of God and the
public enemy.
[Lovett vs. Hcbba,2Show. R. 128; 1 Salk. 282; 1
Pick. 50; 2 Wend, 327; S. C. 6 Wend. 3745; 9 Ibid.
85; 11 Pick 45- Story on Bail, §500; 7 New Hump
shite It. 137 J
So all articles of a value dieproporlioned to the com
pensation received in ihe fare of the passenger, anci
which must, on that account, subject the carrier to un
reasonable hazard ; and which are not presumed to be
needed for personal use, either ns a necessary or n con
venience, 1 would suppose are in like manner excluded.
At the same time I must say that the obligation of the
cairier, which is incidental to and implied from his
contract toenrry persons for hire, as io basig.ige is not
limited ufoolutely to wearing apparel and other appli
ances of necessity, cornloit or convenience, suitable to
the condition of each t ravel for, but may embrace oiher
arti-ies ol limited value and ordinaty t*u k which he
may think proper to take with him 11, however, it is
apparent irom all the circumstances—from the amount,
nature, bulk and value ol these articles —that they are
such as. according to the usual course of business, ate
transported as freight,or it it is manifest that iliey are
intended for sale, then they are not to be viewed in the
light of baggage. It is certainly right, too, that usage,
however indeietniinate, should be consideted in uscer
(aiding what so baggage- Tins mu-t be ihe usage o’
the time and of the carrier and his patrons. Nothing,
subject io the limitations before stated, should beexclu
ded w hich have been usually ennsiderrd in practice as
baggage. ‘1 itese remarks ate made, not as containing
‘.he j ldgmetit of ihe Court, wh't-h Diesel ihe* them us
rules, but as my own obiter dicta. Among otliei
ihin:;s. they are intended te demonstrate the utter im
prss biliiy ol laying down any rule which can govern
every case. And it ismir jodgmeiii iliaiuoiticii rule
< an be ; rescr bed, Lut ihm each case mutt tie control!
el. iiiuier the general principles v* hich apply to ihe
closs, by the tacts and circumsiances w hich belong to if
The application ol those principles io each case being
the duly of ihe Court, ai d the finding ol ihe tacts being
the duty ot theJuiy. Under these views we admit the
evidence of Alls. Dibble, to the extent of j roving the
contentsol th** trunk according io the bill of panicu
lars. The only question made is a question of evi
dence. As I have endeavored to show the witness is
competent, we will not exclude her upon Ihe ground
that defendants are not liable tor baggage according jo
this bill of paiticulars, although her testimony w*i I
amount to nothing in proof <*f ariicles lor u hu h they
are not inlaw bound. # J’he billot particulars shows ‘*
great viriety of articles, some ot which, it deed main
ol which, constitute baggage according to the strictest
ruling tobe found in the books tor these th* piainiili
is entitled to recover. No tuiing of the Couit below
an I no exception in the bill, mokes it neces.-aiy to de
signate th m. r l’he Court ruled cut the evidence be-
Ciuse, as he said, the trunk and its contents were
fiit generis and not within the rule.’ Now, although
the contentsol the trunk are vaiious yet some ol them
are such aiticles as the defendants are bound t inuke
good, and the re I ore it was error not i© permit them to
he* proved. It is not good law* to hold that a passengei
cannot recover lor loss ot baggage, for which defend
ants are liable, because he had also in his tiunk articles
for which they are not liable. f l heeviderce must go
o the Jury, and the extent of the recovery must be let!
with them under the instructions ot the Court.
Let the judgment be reversed.
MACON^GEORGIA.
WEDNESDAY, DECEMBER 1.
At our request, we have been furnished with a
decision of the Supreme Court upon the liability of
Railroad Companies, Stage and Omnibus Proprietors
and others, for baggage accompanying passengers,
which we publish to-day, as a matter of interest to
many of our readers.
Houston Adjourned Court.
Wo are requested to remind persons interested, that
Tuesday, the 7th of December, is the time to which
Houston Court was adjourned.
Troup Hill Nursery.
We would direct the attention of our readers to the
advertisement of Fruit Trees, by Mr. Kobeut Nelson,
in our paper of to-day. His Peaches are beginning to
be known in this vicinity, and every one w ho has tasted
them will bear testimony to their being of the very best
quality. They were selected as the choicest varieties
from the various nurseries of the country, and purcha
sers may rely on not being deceived.
On Wednesday evening last, a heavy fall of rain
commenced in this place, and continued for thirty-six
hours. Accounts from different portions of the State
convince ns that this rain was very general, hut much
heavier below than above us. Our communication with
Savannah and with South-West Georgia is interrupted
by the serious damage which Ihe Central and Smitli-
Westem Railroads have sustained. The Central Road
is badly injured for fifty miles, between Stations No. 8
and 13, and it will probably in- two weeks before it can
be placed in a condition to he passed by trains. The
South-Western Road is also much injured for several
miles between Marshallville and Montezuma. The
officers of the Road have exhibited great activity and
promptness in repairing the damage it has sustained,
and we have been requested to state that on Sunday
morning the cars will commence running to Oglethorpe.
They can go now no farther than Marshallville. The
other railroad lines have not suffered materially.
The Ocmulgee rose very rapidly for a while, and
carried away the scaffolding of the Railroad Bridge. The
Bridge was nearly completed, and sustained no in
jury.
XVe are suffering serious inconvenience by the inter
ruption of our communication with Savannah and
Oglethorpe. We have received no mails from the North
or West for a week; und are just now very sensible of
the value of our Railroads.
We publish to-day the proceedings of the meet
ings held on ihe 24th and 27tli ult., in this city, to
consider the propriety of lighting Macon with Gas. It
will he set'll by reference to the proceedings of the ad
journed meeting, on Saturday evening, that the whole
subject has been referred to the voters of the city, who
by endorsement on their tickets of “Gas Subscription’
or “No Gas Subscription,” at the ensuing Municipal
Election to beheld on the 11th inst., must determine
whether the city shall become a subscriber to three
fourths of the stock of a Gas Company. Mr. Findlay’s
resolution contemplates no reference to the people, and
bv its terms the City Council must invite proposals for
the erection of Gas Works, accompanied with sjiecitica
tions of the work, whatever may be the result of the
poll on the 11th inst. Mr. Findlay, however, designed
his resolution to be an instruction lo the City Council,
only in the event of the approval by the citizens of the
proposed subscription by the City Council. This ex’
planation is necessary, as without it, the resolution of
Mr. Findlay would seem, properly, to supersede those of
Mr. Johnson, and dispense with a poll ofthe citizens.
The question then, whether we shall have a plentiful
supply of cheap light, is to be decided by the voters of
Macon ; and it resolves itself into the simple question,
whether Macon shall, by proper energy and enterprise
in adopting improvements, and in supplying herself
with the comforts and conveniences and ornaments of
cities, aspire to rank as a city, or content herself with
the situation of an over grown village, and be distanced
in the race of improvement. Gas light is not only usu
al in cities, but is considered absolutely indispensible to
their convenience and comfort.
Tne proposed works, at a cost of $40,000, it is estimat
el will supply us with Gas light in our streets, stores
and private dwellings, at a price which will make its
use a matter of economy. Our citizens should not,
however, subscribe to the stock of a Gas Company, or
authorise a subscription by the City Council, unless
they are convinced of the probable success of such a
Company in our midst. We are already convinced,
tliat under proper management, a Gas Company in Ma
con will declare handsome dividends. In our next is
sue, we shall 1 iv before our readers all the facts con
nected with Gas Works in other cities where they are
in operation, we may be able to collect, that our citi
zens may vote understandingly upon the question sub
mitted to them.
Thackeray delivered his first lecture in New
York, on the 21st inst. llis subject was Dean Swift.—
Tiie New York papers characterize it as an elaborate
essay, just to Swift, but unfavorable throughout, aid
allowing at times the cynicism of the Exhibitor of Snobs.
We (Kirceive that some of the papers disregarding the
request of the lecturer, and violating his right in his
literary property, publish transcripts of his lecture.—
This is imgentlemauly and ungenerous, and we trust
the satirist will give them some little infamous imnio: ■
tality for it.
Fire in Barnesville.
On Saturday morning, the 27th inst , the store ot
C. A. fc J. F. Nutting was discovered to be on fir*,
which was consumed, with all of their goods.
The large Hotel ot Daniel Hightower, (formerly owned
hy Charles G. Turner,) and adjoining ihe store, was
aso consumed, with most of the furniture. Seme out
buildings were also destroyed. The tavern was in
sured lor §3OOO, and the goods of Messis Nutting for
about §9OOO
Since the nhove was in t) pe, we have receiv* and a let
ter f:out a friend, who saj-s the property consumed,
was worth about § 18,U00, and insured, altogether, at
sl2 500. ‘l'lie buildings belonged to Mr. Hightower,
and weie worth from five to six thousand dollars The
risk ol (lie almost entire destruction of the villa)# and
Railroad buddings was vety great,and only prevented
by the most aelive exeitions.
We learn Irom the New York Journal of Commerce,
that the sum ol $5,280, or $230 more than was required,
has been subscribedin that city, lo imleinuify Mr. Le
mon. of Va., for the loss ol hie slaves.
Cuba and the United States.
During the last session of Congress, President E ill
more, in reply to a call for them by the House of Rep
resentatives, transmitted to Congress a series of papers
exhibiting the action of our Government in relation lo
file Island of Cuba, from lSil-J to 1848. The message
of the President, with these documents accompanying
it, was ordered to be printed for the use of the mem
bers. This lias been done since tiie adjournment, and
these documents, which lay for weeks upon the tabic of
the House unnoticed, though communicated to it in re
ply to a specific call for them, have at hist found the
light. It is passing strange that the Representatives of
the people should neglect to notice or examine a com
munication from the President of the United States,
made to them at their request, and accompanied by
documents of unusual interest, upon a subject which,
at the time, as now, was attracting public attention
throughout the Union. These documents develope a
policy, on the part of the l nited States, in connection
with Cuba, honorable to our Government, just to
anil demonstrating conclusively, that if Spain has, at
present, any feeling of suspicion or hostility towards
us, it is owing to the conduct of uiu|Ui6t und luwloss ill
dividuals, and not to the action of our Government. —
Whilst successive Administrations, from Monroe to
Polk, have asserted the determination of this Govern
ment to resist its transfer to any great maritime power
of Europe, and have exhibited a strong inclination to
annex it, they have, at the same time, guarantied its
possession to Spain, and disavowed any design to ap
propriate it bv force, and by an open violation of the
faith of treaties.
The Xntional Intelligencer of the 23rd inst., contains
the Inst of the papers in the series upon this subject,
transmitted to Congress by the President, embracing
the action of Mr. Polk’s Administration in relation to
Cuba. They disclose the fact, that an offer was made,
by Mr. Polk, to Spain, to purchase Cuba for one hun
dred millions of dollars; and that the offer, magnificent
as it was, was rejected with a promptness and decisive
ness which estopped all further negotiation upon the
subject. The offer was made at a propitious time. —
President Polk seized upon the occasion presented by
the necessities of Spain, to tempt her, with a large sum
of money, to part with the richest jewel in its crown,
and to illustrate his Administration, by an acquisition of
territory more fertile, and vastly more important than
any which had been made from Mexico. Spain was ir
retrievably plunged in debt—diplomatic intercourse
with England had been interrupted—the English hold
ers of its bonds were clamorous for payment—Lord
Palmerston had declared in I’m liament, that the repudi
ation by Spain, of the debt due English subjects, or its
failure to pay it, would be treated by the English Gov
ernment, whenever it was expedient, as a cause of war.
The French Revolution, and the overthrow of Louis
Phillippe, had left her without the aid or comfort from
France which the marriage otherwise
might have secured her; and the Creole population of
Cuba were represented as ripe for revolt. Cuba might
achieve its independence, or England might seize it as
an indemnity for its citizens, creditors of Spain. It was
a propitious time to propose its transfer for a sum of
money to the United States; but theprideof the Spanish
people revolted at the idea. Narvaez stated to our
Minister, that no Cabinet of Spain would dare to enter
tain the proposition, and that the Spanish people would
prefer to sec it sunk in the ocean, rather than transfer
red to a foreign power. Public opinion in Spain, then,
was opposed to its cession to this Government—public
opinion now is opposed to it; and, knowing the indomi
table pride of the Spanish character, we cannot imagine
any necessity, however extreme, whicli could induce
Spain to barter its richest colony for gold, neither can
we believe that England would permit its peaceful
transfer to her great commercial rival. We want Cuba!
Many considerations render it a desirable acquisition:
Its position giving it control of the inlets to the Gulf of
Mexico —its fertile soil —the richness of its products—
its commerce, already exhibiting fifty millions of im
ports and exports, and capable of almost indefinite in
crease, when the Island shall be peopled and brought
into cultivation —the character of its population and
of its products —make its acquisition a matter of com
mercial importance to the whole Union, and of great
political importance to the South. Free-trade, with
such a country, would be fruitful of benefits to the
whole Union. An American State, it would be a check
upon the ambition and rapacity of England in the West
1 lid ies, and in the South-West portion of this conti
nent —an advance-guard for the protection of our coast
and our trade—and an avant courier in the progress of
American arts, American principles and American civili
zation ; whilst under the influence of republican institu
tions, freeing it from monopolies in its trade, and from
the burthens and disabilities of colonial dependence
developing its immense resources and immense capacity
tor population—elevating the character, and increasing
the number of its population, it would soon become
the “ first flower of the earth, and first gem of the sea.”
Annexation of Cuba to the United States, would
benefit all the parties interested, admitting that great
extent of territory will not weaken the Union, —that
the effort to admit a slave State will not endanger its
existence—and that no foreign power would oppose it.
But Spain will not cede it; and we arc hunting a cause
of war—a shadow of a pretext to snatch it from her. —
The faith of treaties, and the law of nations, bind us to
respect the rights of Spain in Cuba—her weakness is
a claim to our forbearance; ami yet every act of the au
thorities of Cuba (to protect themselves, and preserve
this rich dependence to the crown of Spain, is ntisrep
| resented by the flibustier press of the U. States, and
| every means is employed to precipitate us into a war
1 with Spain. The authorities of Cuba are denied the
; right of determining for themselves, what their safety
land their necessities demand; and the authorities at
1 Washington are denounced as cowardly and submis
i sive, because they will not violate the obligations of
j treaties and the law of nations, and find a pretext to
i appropriate Cuba. The Administration is sustained by
| the policy of the Government in preceding Adniinistra
j tions in relation to Cuba. We recommend to the
j Democratic flibustier press of Georgia, ihe following
i extracts from the letter of Mr. Buchanan to Mr. Saun
| ders, our Minister at Madrid, on the subject of Cuba
Mr. Buchanan, Secretary of State, during the model
Democratic Administrrtion of James K. Polk, ought to
be good authority with them. Mr. Buchanan recom
-1 mends the policy which Mr. Fillmore lias since adopted
! witli regard to Cuba, and these extracts place him in
i direct antagonism with those who assert that the
S law of nations is a nullity, and, in this wav, advocate
I ihe right of a nation unrestrained hy any sense of jus
-1 tice or of right, to do, when it has the power, whatever
| its selfishness or its interest dictates:
“Siu: By the direction of the President, I now call
your attention to the present condition and future pros
pects of Cuba. The fate of this Island must ever be
deeply interesting to the people ofthe United States.—
We are content that it shall continue to be a colony of
1 Spain. Whilst in her possession we have nothing to
apprehend. Besides, we are bound to her by ties of
ancient friendship, and we sincerely desire to render
these perpetual.”
* * * * * * * * *
“ll si rails, however, as the possession of this island
may be to the United Stabs, u\ would not ‘netjuire it ex
cept ly the free will of Spain. Any acquisition not sanc
tioned by justice and honor waul/1< too dearly purchas
ed.”
* * * **•** *
“ I need scarcely inform you that the government of
the United States has lmd no agency whatever in exci
ting the spirit of disaffection among the Cubans. Very
1 far from it. A short time after we received this infor
i mation from our consul, 1 addressed a dispatch to him,
of which I transmit you a copy, dated on the 3th inst.,
j from which you will perceive I have warned him to
i keep a watchful guard noth upon his words and actions,
| so as avoid even the least suspicion that he had encour
aged the Cubans to rise in insurrection against thoSpan
i ish government. I stated also that the relations between
1 Spain and the United States had long been of the most
! friendly character, and both honor and duty required
! that we should take no part in the struggle which lie
1 seemed to think was impending. I informed him that
; it would certainly become the duty of this government
I to use all proper - means to prevent any of our volunteer
regiments now in Mexico from violating tiie neutrality
of the country, by joining in the proposed civil war ol”
tire Cubans against Spain. Since the date ot my des
patch to him, this duty lias been pel-formed. The Sec
retary of War, bv command of the President, on the
I day following, (June Io,) addressed an order to our
commanding general in Mexico, and also to the officer
, having charge of our troops at Vera Cruz, (of which I
transmit you a copy,) directing each of them to use all
proper measures to counteract anv such plan, it one
should be on foot, and instructing them “togive orders
that the Iran sports on which the troops may embark
proceed directly to the United States, und in no even
lo touch at anv place in Cuba.
* * ‘ £ * * * * * *
“Thus you will Dcrceive with what scrupulous fideli
j tv we have performed the duties of neutrality and
| friendship towards Spain. It is our anxious hope that
arising may not be attempted in Cuba; but if this
should unfortuately occur, the government of the Uni
ted States will have performed their whole duty to
wards a friendly power.”
Milledgeviile and Eatonton Itailroad.
The Federal Union says, “ The first train ol Cars
passed over the new bridge on Little River on (lie 12th
ult. The track is laid one mile beyond the river. It
is thought that the Rond will lie completed to Eatonton
‘hy the first of February, 1852, at farthest.”
The great battle for the Presidency has been
fought and won by the Democracy, and yet who are
the victors in Georgia, remains to be ascertained. —
The spoils, accordingto the Democratic creed, infallibly
indicate the victors, and upon the distribution of the
spoils an internecine warfare has sprung up within the
Democratic Party in this State, quite as animated and
much more amusing than the contest they jointly waged
against the Whig Party and its nominees. Before
the election, harmony and conciliation was preached by
the Southern Rights Democratic press, and the people
were called upon to rescue the country from the mis
rule and corruption of a Whig Administration. Since
the election, the same press has in advance protested
against the disposal of any office to Union Democrats,
and at the same time, has declared there is no division
in the Democratic ranks. The Columbus Tune# de
clares that the appointment of Governor Cobb to a
Cabinet Office would alienate and disgust nine-tenths
of the supporters of Pierce in Georgia. The h-h-yniph
asserts iliut General Pierce, iu the disposal of offices,
must rejpird the fe*linsrs ami opinions of the section of
the Union, or of the State, from which his appoint
ments are made—that is, he must appoint Ironi (icot
trhi, an Anti-Compromise Nashville Convention Seces
sion Democrat, because such an one would correctly
represent the Democratic Party of the State. The
suite consideration, might influence General Pierce
to appoint John Van Huron Attorney General, from the
State of New York.
The Fihral Union, with admirable simplicity, de
clares tti.it the Democratic Party is a unit, hut opposes
the representation of the Compromise and Union wing
of the Party, in the Cabinet of General Pierce, and re
gularly dilutes these two ideas, wliich have become
chronic w ith it, through several columns of editorial.—
In its last issue, it accuses us of a design to promote
discord in the harmonious Democracy, simply because
we have urged the claims of Governor Cobb to promo
tion—the man who alxive all others, of any prominence
in Georgia, correctly represents the principles of the
National Democracy. We can not understand what
ground of objection the Ftrkral Union can have to Gov
ernor Cobh, which is not as good and as conclusive
against General Pierce. Neither can we reconcile the
existence of harmony in the Democratic Party with the
bitterness and hostility it exhibits towards the Union
Democracy.
The simple truth is, that the Democratic Party of
Georgia is divided into two factions which can never
be united.
Both demand recognition and representation in the
Cabinet of Gen. Pierce, and in the different programmes
they furnish us of the policy of his Administration,
they discover the wide difference and tierce antagonism
of opinion which divides them, and expose the incon
gruous mass of political heresy which, in Georgia, is
cloaked and covered hv the name of Democracy. The
cohesive power of public plunder judiciously- disjiensed,
cannot bind them together; and if that tails to heal
a breach in the Democratic Party, surely it can never
he healed. General Pierce must choose between them,
or, with better policy, overlook Georgia in the disposal
of offices. With commendable discretion, he keeps his
own councils. Newspaper editors and newspaper cor
respondents may amiably relieve him of all trouble in
the composition of his Cabinet— quid mines may- specu
late about the policy of his Administration, and the
division of the spoils; hut we must patiently await the
4th of March, and the revelations it will make known.
In the meantime, one tiling is assured —the total over
throw of the Southern Rights Party of Georgia; and
if General Pierce, after the 4th of March, retains its
support, it will be matter of sincere congratulation that
political necessity, and a small share of public plunder,
can bind it to the support of an Administration which
defeats its objects and disavows its principles. The
small share of public plunder is the condition upon
which it will support the Administration. Unfed it
will not be quiescent. Hungry-stomachs have lieen the
‘point d'npjiul of revolutions. Hungry stomachs may
drive the Southern Rights Democracy into opposition ;
but whether in opposition or supporting the Adminis
tration, it is harmless. The policy which its party- was
formed to resist, is the faith of the country.
ELECTION RETURNS.
Massachusetts. —The official returns show the fol
lowing result for Presidential Electors: 5c0tt,52,683;
Pierce, 15,875 ; Webster, 1,670 ; Free-Soil candidates,
28,0*23 ; Native American, 165.
Vermont.— Scott, 22,173; Pierce, 13,044; Hale,
(Free Sail,) 8,621. Scott’s majority over Pierce,9,l29
Connecticut. —Scoit, 30,359 ; Pierce, 33,249 : Hale,
3,160.
North Carolina —Pierce, 39,714; Scott, 39.058;
59 votes for Hale, (Free-Soil,’ were given in North
Carolina. Entire vote for Electors, 12,676; short of
those given lor Governor in August.
Alabama—For Pierce, 26,881; Scott, 15,084;
Troup, 2 217. The vote for Polk was 37,297.
Illinois. —Four Whigsand five Democrats are elect
ed to Congress. The Whigs, heretofore, have had but
one Representative.
New York. —Pierce’s majority,as reported officially,
is 27,345.
One half of the LaGrange Reporter office is
offered for sale. The Proprietor says:—“A good
practical Printer, with a small capital, will find this a
profitable investment.
“The office has u good Subscription list, an excel
lent Job and Advertising paironage.”
Washington National Monument.*— The Wash
ington Monument is now one hundred and twenty two
left high, and will, in all probability, before the close
ol ‘lie building season, reach the height of one hun
dred and twenty tour leet. It has yet to reacii an ad
ditional elevation of three hundred and seventy-six
feet to make it what it is intended to be, the most lolty
edifice in the world, in commemoration of him who,
in all tlie attributes of greatness, was the most lolty of
human beings. The American people should take a
pride in aiding the uprising and completion of such a
monument, which is to redound to their own glory as
to that ol their illustrious countryman. Though it
may be painful to reflect that it has required an untir
ing effort, during the space of seventeen years, to raise
a monument to the memory of one whom every Ameri
can professes to love and venerate, it is to be hoped
that the stigma ol ingratitude which has been proverbi
ally attached to the nann ol republics will not, in this
case especially, be applicable to ihe couu.rymen of
Washington W.
In relation to the re inforcements recently despatch
ed from Spain to Cuba,the New Orleans Beacon of
Cuba, says that it is usual with the Spanish Govern
ment to send out, each lad, recruits to replace losses to
the arm} by deaili or expiration of term of service.—
The Spanish soldier is enlisted or conscripted for seven
years. There are about 16.000 in Cuba, and conse
quently, abatu 2,300 men fali out of the service by tbs
expiration of tlieir term,and the loss to the army is
about 3 percent, yearly by death. In all 2,800 or
3,000 reciuits have to be sent every fali to Cuba to keep
the regiments up. They aie ai! sent to Cuba in the tail
and eatly winter.
A Handsome Speculation.—The U. S. Mai! Steam
ship Artie, which soils to-day lor Liverpool, takes out
as Ireight twenty-live hundred barrels of apples
Her predecessor in the some line, had two thousand
barrels, and the pacific, on a late trip had a large num
ber, which brought in Liveipool,twenty-eight shillings
per bushel, or seventeen uol la is per barrel. ‘They were
the best Newtown pippin*, and cost hi re about $5 per
barrel. The Height charged is $1.20 per barrel, lea v
ing a handso oe profit tor lire owner. The expedition
with which perishable merchandise ol 1 his description
can he delivered, ensuring its good order, has given
lisp, this season, to quite an extensive traffic. — Jour.
Com Saturday.
The Bottle Trick Explained—Among the tricks
performed last winter in Mobile, by Prolessor Ander
son, the one which excited most wonderment, was one
of a bottle, whence ail sorts of drinks were poured
See, now, how simple the thing is, as described below
by a Northern paper:
“ Jn this well known triek there are two puzzling
points: first, how can fifty ora hundred wine-glasses
be filled horn one quart bottle ? and secondly, how can
six or eight different liquids he poured from the same
bottle? The firr wonder is explained thus:—ihe
glasses are so small, and have such ihick bottom*, lhat
a full quart bottle will hold enough to fill eighty of
them. The second marvel is managed in the following
manner: The glasses are arrayed on a tray in a par
ticular manner by the conjuror, before the entertain
ment begins. The bottle is filled wiih a weak mixture
ot spirits ol wine, water, and sugar. At the bottom of
each glass is a drop or two ol some flavoring essence,
as noyau, essence of brandy, port wine, cherry, etc. ;
and the operator is thus enabled to concoct a tolerable
resemblance of any fluid that is likely to be called lor,
and to supply a hundred persons or more with halt a
sip of their favorite beverage, from the ‘ inexhaustible
bottle.’ ”
A Legal Question —The editor of the New York
Courier and Enquirer raises a legal objection to the
mode of conveyance proposed lor passengers bound
up Silt River. The contract was, that they be “row
ed up balt River. ’ ‘'Tlh* locolocos, therefore,” sa\s the
Providence Journal, “who are bound to furnish trans
portation, have no right to charier steamboats and rail
roads. We have a right to ins'si on the terms of the
contra-1. - ’ Rowing one’s self up a hardly navigable
stream against the current, aiui being rowed up by
others, makes all the difference in the world. —Lowett
Journal.
£CT” Gen. Pierce’s official majority in the State ol
New York is 27,345 —the vole is the largest ever poll
ed in the State.
From the National Intelligencer
F.iU.U MAJOR JACK DOWNING.
Downingvii.le. State or Maine, f
November 15, 1852. $
Mr G ales and Seaton: My dear old friends. I am
as happy as happy can be, and uncle Joshua is a great
deal h.ipp'er. And ns tor aunt Keziah. about Ihe sec
ond day arter the election, when New York and Penn
sylvania, and Ohm, came rolling in lor Pierce and
King, she was so completely overflowed with oceans
of happiness that she iell into conniption tits, and has
had’em nice or less every day since. And as It
cons n Saigcant Joel Downing, lie don’t hurrah lo
Gineral Semi no more ; but ever since the election he
hurrahs Jor General Pierce day and night till lie’s got
to be so hoarse he can’t speak above a whisper You
remember I told you in my last letter how uncle Josh
ua and 1 found Snrgeatu Joel, some time before the
election, oui behind the bam. standing on a stump,
and swi gmg his h it, and hoilernt “hurrah for Gine
ral Scoti” with all his might Arerthat hedid it o enly,
1 and said lie and dn’t care who heard it. And he kept it
| up till the day arter ihe election, when the telegraph
wires brought in the thunder and I ghinin’ news
that all creation had gone lor Gineral Pierce, and then
cousin Joel chop* round quicker than ever see a
I norwesterset m arter a southeast storm Cousin Joel
is a cunnin dog; he knows which side tfisbread'? but
tered, and you may depend he will be on hand in
| Washington mxl winter, ami if Pennsylvania avenue
| don't ring from one end to tother with his hurrahs
for Giinral Pierce, 1 won’t ijuess 1 don’t know
what Gineral Pierce will Jo tor cousin Joel when the
lime comes,.but he will be bound to do something
pretty handsome lor him, for no man has hurrah’d
louder and hearrier lor him lhan cousin Joel es
pecially since the election.
And as lor uncle Joshua, he seems to be in kingdom
come. It does my heart good to look at him, lie seems
so satisfied. He says the good old Jackson times is
coming back agin, and the Bank and the Tariff and
Internal improvements has got to stand from under,or
• se be swamped.
I “Bui.” says 1, “uncle Joshua, we haint got no Bank
j now, so it ran’t stand from under, nor be swamped
neither.”
” Weil, that haint nothing at all to the argument,”
says he ;“supposm we had a Bank it would have to
stand Irom under, would’nl it ?”
“ Well, uncle Joshua.” says I, ‘ you ask me as puz
zlin a question as Bill Johnson did ’toiher day.”
‘‘What was that l” says he.
■ “ Well,” says I, “you know Bill is always bantering j
everyone he meets to swap watches. So he coines
up to me ’tother day, and says he, Major, how’ll ye !
swap watches! Says I, Mr. Johnson,l hain’t got no i
j watch. Says lie no matter lor that, suj posin you had
: one how would you swap ? Now, uncle, if I had only
had a watch,! could a told Rill how 1 would swap
I And so if we had only a bank, may be Icould answer
you vour question too. For if it was a whig Bank. I
snould say pretiy decidediy.it would have to stand
from under or be upset But Gineral Jackson killed
ihe Bank, am! now Gineral Pieice has killed the Whig
party, it has always been your doctrine, that the
Dimocrat principles is to fight agin the Whigs. But j
now, there ain’t uo Whig party, nor no Bank7l don’t |
for my part know what Gineral Pierce is going to do;
of all the hard things in tins world, there ain’t nothing ;
harder than to kick agin nothing. And, uncle, 7
shouldn’t be at all surprised if Gineral Pierce should go i
to work now and build up anew Bank; and 1 don’t ■
know but I almost wish he would.”
Uncle Joshua rolled up his eyes,and says he,“Major,
you ought to be the last man to say that arter work
ing a= hard as you did lo help Gineral Jackson kill the
old Bank monster.”
“I know that,’’says I,“but circumstances a Iter cases.
It is being a Whig Bank that makes a Bank bad, aud
doesail the mischief A Dimicratic Bank might be a I
very good thing, and 1 hope Gineral Pierce will try
the experiment. The Bunk ol England has worked
well for more than a hundred years, and why shouldn’t
the Bank of America, if there wasn’t no Wlnggery
mixed up with it? I hope Gineral Pierce wilfgo in
for a true Democratic National Bank.”
Well, Major,” said ancle Joshua, “1 ’sposeyousee
deeper into statetnanship than I do, and I don’t know
but you’re about right. I think Ginerel Pierce ought
to take you for one of his Cabinet if he wains to get
along sale; and I think if you would sit down and
write a letter to the Gineral, giving him some of your
notions about things, it might be a help to him, and I
think, Major, it’s your duty to do it.”
I couldn’t help thinking about this last remark o
uncle Joshua all day, and finally 1 begun to feel as
though ’liras my dury to write to the Gineral. But I
see something in the papers about Ins going to Vir
ginia or somewhere ofl'South, and I don't know where
my letter would find him But I ’spose, Mr. Gales
and Seaton, you keep the run ol him,so J will inclose
the letter lo you and get you to send it on. By so do- I
mg you will much oblige your old friend,
MAJOR JACK DOWNING.
Private Letter to Gineral Pierce.
Downi.ngville, State of Maine, /
November 16, 1852. \
Dear Gineral: Iguessyou little thought when we
was having that scratch in Mexico that it was going to
make a President of you. But timeand chance hap
pens to all inen, and why shouldn’t luck come loyru as
well as any body else ? 1 did’nt expect, when I lost
dear old Gineral Jackson, that I should ever have a
chance to write to another Gineral in the President’s
.chair. President Polk was only a Colonel, and some
how it did’nt seem hall so natural forme to say “dear
Colonel,” as it did to say “dear Gineral,” 1 had been
so used toil in old Hickory’s lime. And I can’t help
thinking that nobody lower than Gineral ever ought
to be President. But that’s neither here nor there-
you are President and have got to go ahead and make
the best of it. And as I had a good deal ot experi
ence inGineral Jackson’s time, and you are kind of
young in Government matters, 1 felt it my duty to
write to you and try to encourage you along, tor 1
don’t expect you know what darksome and trying
limes there isin going through the Presidency J'lie
tirst thing that is necessary is to keep a stiff upper lip.—
1 1 was keepin a stiff upper lip that carried Gineral
Jackson through a great many hard trials. There was
so many hands to the bellows that blowed you into the
Presidency that Pm alraid when they come tosettle
up accounts there’ll be a squabble that will make more
trouble for you than ever old Ilickety had. When
the old line Dimocrats, .North and South, and the
(lunkets, and the Barnburners, and the Freesoilers,
and States Rights Dimocrats, and the Union Whigs,
and the Secessionists, and the Carolina Nullifies, and
the Old Fogies and \oung America, all get you by
the throat, and every one crying out “pay me that
thou owest,” I almost tremble to think what will be
come of you, unless you have a good deal of the true
old Hickory grit. You must put on thestiffest upper
lip and take the responsibility, or it’ll be gone goose
with you. You had better shake them all off, and
advertir-e that you won't pay no debts of their con
tracting.
You must remember that the Whig party i9 dead
and buried, so you haven’t got to tight agin (hat no
more. And yi u must remember, too, that the VVhtg
party has lelt cot siderahle valuable property, and that
the Dimocratic party is the natural heir to it. So
you can take up the Bank, and the Tariff,and Inter
nal Improvements,and such kind of notions, and use
’em quietly lor the benefit of the great Dimocratic
party, and sty nothin about it. Only you must take
care to fix ’em over into Dimocratic Bank, and Dimo
cratic 1 arifi, and Dimocratic Internal Improvements,
and then nobody won’t sa v a word agin ’em.
Well, now, about the Cabinet. That is a ticklish j
kind of business, and I (eel uneasy to know how you’ll >
get along with it. Uncle Jo=hus thinks you’d better
take one out ol each party that went for you, and give
’em all a lair chance. But you can’t have hut seven
members in the Cabinet, unless you conclude to have
a Kitchen Cabinet too, and I don’t suppose you’ll do
that, for they ain’t apt to work very well. Old Hick
ory himself got rather tired of iiis before ’twos over.—
So you haven’t but seven members, there won’t be
enough to give one to each party,and them that’s lett
to suck their fingers will always be biting their thumbs
at you. And then you know the rule is, that the Cab
inet should always be a unit. But I’m atruid if you
get one in from each party.it will be a very quarrel
some kind of unit, and you will have no comfort ot
your file. And then it you was to give the whole to
one or two parlies, yju would of course have about a 1
dozen paitiesupin arms agin you. and squalls and ,
harrycanes blowing from all quarters. Jest see how
it would work. If you should [tick out a sound, wse
Old Fogy to take hold with you to help cook mailers
up, the Dimocratic Review would be down upon you
like a thousand of brick, and blackguard you like a
pickpocket lor try,ng to hobble along on the “mere
beaten liorsr.” And (hen if you was to look bother
way and set Young America to the helm,the Old Fo
gies would be alraid some ol the mad caps would run
us on to the breakers and send us all to the bottom —i
In that ease pretty likely there’d be a greater unit out I
of the Cabinet titan there was in it, and there would
be danger of mutiny all round. So there you are.— |
You seem to be in a snarl,any way you can fix it.
Mow, if you will take my advice, Gineral, you w ill
shei your ejes, and stop >onr ears, and take the re
sponsibility, and when they come pulling and hauling
around you, jest say to the Dimocrats, and the Old
fogies, and \oung Ametica, and the [lunkets. a> and
the Barnburners and the Free soi ers.aud the A noli
tionists, and the Secessionists, and the Null.fie rs, that
vmt don't know none of’em. and that you ain’t their
President, hut that you are the President of ti.es
thirty-one United States, and you mean “to go lor the
who eor none.” 1 hat is, 1 mean the whole ol these
Untied States that is fairly outs, and not the whole of
creation, for tins lasi business is one that nee.is in be
looked at and ti ought on considerable before going in
to it. I know some folks say there is to be a great
deal ol annexin’ done during \our ndministiaiion. —
Now 1 don’t know what your notions is on this sui)
jecl, but if annexin’ is to be the mam business ot your
term, the next question is, wh.it is the best way to do
ii ? Uncle Joshua always -ays, in nine cases nut ot
fen, it costs more to rob on orchard than it would to
buy the apples. j| that's true, may tie that tiliibusiei iii
wouldn’t be the cheapest way. But some folks h;.ve
a great fancy lor filtibusteiin. let it cost wti u ’twii
ii you should think ot branching out strong inat w-ay,
l don’t ’spuse you could do better than to take lv> c
smli lor Secretary ot State. For he is Governor of
Hungary, you know, and could hitch that fine country
right on to your team without the trouble ol filiibus-
I term about it. It could be done so qmck the Russian
i Bear wouldn’t hardly have tune to growl. And th*-u a
small fiiiibusierin army could bring in Cuba, and
Canada, and Mexico, and the rest as last as we
should know what to do with ’em.
Good by Gineral, go ahead, and keep a stiff upper
lip, and any thing I can dolor you jest let me know.
6>o I remain your true friend.
.MAJOR JACK DOWNING.
“Stockholm —Jenny Lind hasassigned our Govern
ment the sum of 250,000 francs, tor the foundation of
new schools for the poor in those sections ot the
country where these estab islimemsare too lew in num
ber ter the necessities of the people.”
Statistics of the U. S. Ci nus
| Times notices the census of 1850 thus:
I” respect to territory, n uppers thst during ,u„ ,
| te n years, we have extended the urea ol ih~ it 7, lan
! from 2,055,15S to ’2,230,572 square miles w id
j eluding the great lakes, or the sea bays ’ ‘ ,out *•>-
The population gain* bv these
000. No lull returns have, as \et C o,l ‘ ,H ,7 *.-
fornia,but assuming its population’ Dirl ,..? r “"’ Culi
jat 165 OOP, the whulepopifoufonni , h J it • V " l ! , " 8,p .
253,488 Absolute ncrease from 1840 r gi “• r S
ureuee per ceru.. 36.2-.; or, deducting that f, ’ ‘ P ~
addition of territory,and the relative • 1
per cent. rf,Se is 3j 27
The number ol whites is 19 631,7*28 and .h
i'ic.. as ot Ihe last ten years is : 8 Bpe. c ,, n , ,ela,| ve
The slaves amount to 3,204 089- ~,
2.8 SI percent. ‘ ’ increase.
The number of free colored is 428651 • r P u, ,
crease since 184 1, 10 % per cent ’ la, ’ ve m
lf we refer to me du;a of previous ta: -f o j,
• hat tiie increase of the whites m iii-> D. .'' n:,ars
cade smee 1790. has be n ver>T n;) i
1820 to 1830, (83 95 pei cent \Y;
greatest increase was trom foil) •, ijijj.;
cent.) a; and the least, trom 1,530 to ISUi s \ 1,1 : ' Pr
t’h. average increase ot i| |P tree col. r a 1
hau.i, has regularly diminished si. ce !?9o • h n ’ oTo
per cent, in the fits, decade. 25 25 in .he ,|,j rii *.7*
m a ditle in the lourih, it lulls in fins | asl j l|()f; ™*
cent. A lam worth considering as respects ,he
ble destiny ot Uiis race. 1
In the most favored country of Europe. , h e f{ Pnor ,
I Mates, the decimal increase is less than ]* m r ’
per annum; while in the United S ales it
In 60 years, with ihe present rate of incre-i-7 f"’ k
continents, Ihe population ot the Union will ex.-e.H
that ot England, trance. Spam, For.ugal, Bweeden
and fciwitz thud combined
As respects tile rate of increase in the different New
England States, during the lasi ten years j t ,s ,rre a . P a
in Rhode Island, (35 57,) and least in Vermont (7 53
which is also the least in ihe whole Union. ’ ”
W'hai is somewhat remarkable, the rate of increase
in the great tstaies ot New York, Pennsylvania’ () V’
and Maryland, is less than in either Rhode k ind cr
Massachusetts.
In the whole Union. Wisconsin show? the greatest
ratio, (890,48;) next, lowa. (315,84;) then Arkansas
(l 14 85;) and Michigan, (87,33) Arkansas,
Another Attempt to purchase Cuba.
TRANSLATED FROM LA CHRONICA, OF N. TANARUS., NOVEMBER 6
In a letter directed from Madrid, dated October 3,
; in the Kelnishe Zeitung, and cop ed by some papers’
J n is assured that the American Minister at our court
had lately renewed ihe offer of 180,000 dun >s~as be
fore offered by the Government under Presi ‘em Polk
as a price for the sale of the Isiand of Cuba The an
swer of the Ministry,says the letter, was that Spain
has no idea of abandoning the Island; that sh e has
decided toproieci 0 with all her power ; ihai ihe army
ol ihe 1% and shall be strong and loyal; and that as for
the fillibusteros, the -Spanish Government does not
fear them, and is prepared to destroy them whenever
they shall attempt lodisturb the p eof the Is,an.l
The letter concludes by assuring ,e Minister of the
United Stales that it was useles- renew the prop, -
lion, and that they believe that die American Govern
ment diffuse the notices of ihe Filibuster:)* in order o
induce Spain to sell the Island.
We hive ihe very best outhoiity f- s : ig that the
above statement, that the American -!i . ter at Ma
drid had offered to purchase CM ), is without the
least foundation in fact. No ,-nc’ oiler has been mad*
by this Administration.— Nat. ! .!.
Hannah More’s Opinion of Her Sex—Thisemi
nent woman wrote discriminateiy ol the male and le
; male intellect. Stic remarks:
“ One may venture perhaps, to assert that women
have equal parts, but are inferior in w holeness ol mind,
in the integral understanding; that though a superior
woman may possess single faculties in equal peifec
tion, vei there is a juster proportion in i lie minu of a su
peiior man ; that it women have, in an equal degree
the faculty o( fancy which creates images, and the fa
culty ol memory which collects and stores ideas, they
seem not to possess in equal measure the faculty of
computing, analyzing, and separating these ideas ; ihat
deep and patient th'tiking which goes to the bmtorn of
a übje.t; nor that power of arrangement which knows
how to link a thousand connected ideas in one depen
dent train without losing sight of the original idea out
ol which the res grew, and on which they all hang
The female too. wanting steadiness in her intellectual
pursuits, is perpetually turned aside by her chartc'eris
tic tastes and leeiings.”
San Francisco.
San Francisco lias become one H ( the most impor
tant commercial cities of die Union, at and yields a reve
nue to the Government only exceeded by’ ihat derived
; from New York Boston and Philadelphia. In view of
i the amount of her contributions to the national treasury,
I we learn Ironi the New York Times, California isabout
! to make large a.iditional demands upon the Govern
| meiit. There is yet some focal jealousy as t.> the
: claims ol rising towns in the new State, to b~ consid
ered its permanent commercial cetim. But if San
Francisco succeeds in maintaining her pre-e : inence,
intense efforts will be made to render her mistress of
ihe Pacific trade ; and, whatever be their lesult in re
ference to their main objtct, they cannot fail to bui and
up a splendid city The subject in hich the citizens
• San Francisco seem at this lime to in idlest the
deepest interest, is, in making their harbor the great
naval station of the Pacific. With that view,they de
mand expenditures and the commencement o! works
which shall put the port upon a par with the New York
Charlestown and Norfolk Navy Yards. The demand
appears to be enurely reasonable, and a prompt and
cheerfol compliance with it is diciated as well by the
general interests of the country, as by the soliciiude of
the people ol California. .
i The sayinor that theie is more pleasure in giving
than receiving i? apposed lo apply chiefly to medicine,
kicks and advice.
PUBLIC MEETING.
Agreeably to a call of the Mayor, a meeting of the
citizens ol Macon was held at the Council Chamber
on Wednesday evening, the 21th inst.. to consider the
propriety of organizing a Gas Company, and ihe pro
posed subscription by the city to the stock of such Com
pany.
On motion ofT. L. Ross Esq , his Honorthe Mayor
was called to the Chair, aud Geo. Patten, tfeeietary.
‘I lie Chairman submitted to the meet trig statistical
information, derived from several Gas Companies now
in successful operation, as well as the resultsofhis per
sonal examination ot the works of Augusta, showing
the value of ail such sto-k, and the desirableness and
economy of Gas compared with any other article far
fights.
Mr. Hoy (one ot the firm which propose to con
tract for putting up the works in this city) being pres
ent, was called on, and communicated a variety ot in
teresting facts in relation to the use of Gas,and the
success of Gas Companies wherever organized.
Propositions in relation to the matter were intro
duced by Col. P. S. Holt, E. J. J hnston, M. M.
j Mason, R. Findlay and L. F. W Andrews, Esqr’s.
! which w’ere freely discussed, and,on motion of J. A.
Nisbet, Esq , the meeting adjourned to meet again, at
the stone place, on Saturday evening, the 27th inst.,
at half-past 7 o’clock.
Adjourned Meeting.
Saturday Evenikg, Nov. 27.
His Honor, the Mayor, as Cl i r man, called the
meeting to order, and the minu --i the preceding
meeting were read by the Secretary.
E. J. Johnston, Esq., offered a series of Resolutions >
which were discussed, amended, cod finally adopted,
! as follows, viz:
Resolved, That if Messrs. F- < rdis & Hoy, cr
j other responsiblecontiaclors, w . -criftr one-fourth
the amount of capital neceswt. . ... organize a Gas
j Company for the purpose of sup; lying the City w ith
! Gas, ihen the Mayor and Council are instructed to
| subscribe the remaining filer-iourihs of said Capital
Stock, and to issue the Bonds ol the City iherefor,
bearing an interest ol seven per cent and payable
twenty-rive years from tins date ; Provided die whole
amount of said Capital Slock shall not exceed Forty
, Thousand Dollars.
i Resolved, That any citizen ol Macon be permitted
| until the first day ot January n-xt, to come forward
and take such number ot shares in the said Gas Light
I Company as he may choose, which shall be transferred
lo him by the Mayor and Council, and Set ip -suet!
accordingly as soon as tiie Company ts organized (
Jit solved, Thai ih-se subscriptions shad be inane
upon the condition lhat the price charged lor Gs n r
private and public use shall r.ot exceed thm charged
at Augusta, viz: Seven Dollars per ihoa-aud cubic
Ice t. ,
Resolved, That the Gas Company, when
| shall be permuted to sell an additional amount ot ~
Stock, not exceeding Three Thousand Dollars, to cun
1 siititte a working capital for the Company.
| Resolved, That as soon as the Stock hereinbefore
provided n> be taken by Femca id is &. Hoy, or otiier
I contiaclors, at and ilte Mayor and Council of M con,
j is subscribed, ihc Company shall he organized and the
contract lor the works let out.
Resolved, T hat the Ijregmng subscription of thr ,>p
I fourths ot the Stock o| said Company by the .Mayor
: and Council ol ihe City ot Macon, shall be on me lur
! th’ r condition that ■ he* same shall be approved by ‘be
; citizens, by endorsement on their tickets ar the next
municipal election— tie endorsements to be” Gas Fub-
I scripiinti,” or “ No Ga Subscription” (
Tho following resolution was offered b) Robl. r ll *.! -
lay, E>q., and ad >p>ed.
Resumed, That the Mayor he insttuerd to nvite
#ealed proposals (dr fighting the City of Macon won
i Gas ; the contractor to Lie u subscriber to at b rt ’
lon rib ol the amount required, and to receive the
Bands, due at twenty-five yeats, beatings veil pet cent.
. interest, at ;>ar. said proposals to embody luli s|
t tons of the w o;k.
On motion of L. F. W. Andrews, l>q .* l WBS
lie solved, That a Committee ot three be tt pp ■ ’ lll * ‘
I to obtain and lay before tile citizens, such
respecting the cost of Gas VV oiks, ami die ’ *■’ j
i live .xpeuse ot Gas and other artieo-s tor R-*” ’ . e
j afi oilier mailers thereunt* connected assliuii
| them to act upon die the tub)”
Committee appointed—L. F. VV. Andrews* arl
A. Nirbet and VV. Williford Esqr’s.
The meeting then adjourned. ,-no rh’n
E. L. STROHECKEPv.thn.
George Patten, Sec’y.