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EDITED BY
J. G. POLHILL & J. A. CUTHBERT*
THE FEDERAL UNION.
MILLEDGEVILLE, GEORGIA, THURSDAY, JUNE 33, 1831.
NTTIBr.U 50*
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vei ti'C'l SIXTY DAYS before the day of sale.
Sales of personal property (except negroes) of testate and intes
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*^tmilTcsuions by Executors, Administrators and Guardians to the
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Applications by Executors and Administrators for Letters Dismis-
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Applications for Foreclosure of Mortgages on real estate must be
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Orders of Court of Ordinary, (accompanied with a copy of the
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and the renown which his cavalry regiment Itad
acquired for the accuracy of its manoeuvres, had
latterly disposed the Grand Duke in a very differ
ent manner towards him. Envy and hatred re
placed every impulse in his favor, for Constantine
Judge Buzz.—You hear wiiat is said, Ma.
Daipt; I pi-ay you to stay for the present, sir; you
shall be heard; the court will hear you, sir: sit down,
Mr. Drift. The court will now take up the ease
a sort of companion and instructress to lus daugh
ters, anchvhose superior attractions had very often
received the homage of the handsome Colonel, now
a prisoner under tite same roof which sheltered
, „ ^ , _ her. His actual situation very naturally inspired of Hump v. Bump.
can never retain a kindly feeling for those whom her with a great interest in his behalf, and, as they „ Mr. Count.—May it please the court,
he suspects of being looked upon as in any respect could occasionally see and speak to each other, an A judgment was obtained in this court by Hen-
better tiian himself. A change in his manner to- attaclunent was soon formed which became strong ry Bump, at April term 1828, on which a Fi Fa,
wards the Colonel soon became apparent. Fre- on each side. A regular correspArtence was es- has now now been issued, returnable to July terra.
! quently lie would reprove him for entertaining po-, tablished between them, and it was ultimately un- I have taken a rule to show cause why the e xeeu-
litical sentiments which he denounced as incompa- j derstood, that if the Colonel should be able to come • tion should not be set aside, as having issued irpe-
tible with military subordination; and, in a short out for a short time only, he would lead her to the j gularly and improvidently,—and sliail proceed to
. time, sought every possible opportunity to humili-, altar. In order to hasten so wished for an event, ■ lay before the court the grounds on which the pre
ni<i Elm find ilnv ivtirtn tVip Grnnd Tliikp was on the VOUncr ludv admitted one of flip iwncrsl's * 1 sent annlieation i« (minded In .Vrdpr tliot the
stayr’” and I said I was, lbi^this reason; that peidapsi
there might be time, alien*he trial list was tailed, to?
dispose of the ease of Hump v. Bump. “Well, 2 * *
said be to me, “l am going!** and then he went a*-’
way:—that was all fie said to me, and he did not tell*
me whether he was coining back again, or not. 5foy?
my view of it is, that it is very uncertain w lie the/
he dots come back again or not, to-day; because her
said notliing about coming back when he went»
wav.
Judge Burly.—Hump! Adiourn the court.
[ The court if accordingly adjourned in the ttsturf
form.
ate him. One day, when the Grand Duke was on the young lady admitted one of the general’s 1 sent application is founded. In order that the facts
a parade, surrounded by a numerous retinue of daughters into the secret of her amours, and pre- of the case may be understood, it will be necessa-
general and other officers, he espied the Colonel at vailed on her to grant her assistance. The <*ene-! ry for me to submit to your honours an analysis
a distance, and perceiving that his uniform coat ral was in the ha nit of going to bed at an early hour,! of
(owing to the heat) was unbottomed, he called and alibis children came to his bed-side to wish] Judge Pallet.—The meaning of Analysis I j Commander has signally failed! He has reckoned
Position of the Russian Army in PoIaNd.-*-
A correct idea is not generally entertained of tho
situation of this army. The plan of the Russian
j him up, and in that rough tone which is peculiar ' him a good night. It was arranged that, on one) take to be this: it means, when a man takes a thing, {on the continuanceof the ice during the montlis of
s, the Governess’s confidante J and divides it into parts—that is, proceeds to con- February and thought, therefore, that he could ea-
{to him when in anger, Constantine asked the Co- i of these occasions,
j lone! how he had Jared to appear in his presence I should so contrive as to take the key from under
! in dishabille.* The Colonel observed, that not be- the pillow. The prisoner was thus released on liis
: ing strictly on duty, and feeling much oppressed parole of*returning again in an hour, a priest was
by the heat, he did not think there would have sent for at the house of a friend, the marriage was
been any risk that he should be called to account actually solemnized, jhe parties returned to their
sider it in a—an—analytical manner—that is, you sily transport his army in its immense material oveF
see, he analyses it. 1 ou seer—that is the meaning ihe Vistula and Bug, and travesre the marshes with
of analysis. Novv I view T it in this light,—that an the same facility. The sudden thaw destroyed
analysis is sometimes very difficult to make, tor these expectations; and the determined resistance
tlus reason; that when you consider any object, it 0 fa handful of brave men has placed tlie Russian
MISCELLANY.
From ok; .New Mon ill, Miumzi:><*..
THE GRAND DUKE CONSTANTINE.
This man was bora and bred a desjxh of the most
arbitrary and unbending school. His notions of
subordination and blind submission to military au-
tfiority are the most exaggerated that any man has
entertained in Europe tor centuries past, his lather
perhaps aione excepted. His horror of political
Dghts and constitutions is as extreme as the incapa
city of his intellect to comprehend them. The man
who never could understand how it was possible lor
a people enfracs to presume to resist tire ordinances
•f a bigoted and besotted old King, and to oppose
a successful resistance to the military means employ
ed to enforce them, surely never dreamt that the
Poles under him should be governed on any princi
ples in the least at variance with his own arbitrary
will. A series of violations of tlie Constitution were
flie necessary and probably intended effects of the
selection of such a man to preside over the Govern
ment of Poland. Arbitrary acts, of a nature al
most incredible, were daily exercised, as if no limits
had ever been prescribed to the official character witfi
which he was invested; and, as in Russia, his ca-
E acity of Grand Duke alone always appeared to ;
im to comprise the attributes of absolute power, j
Constantine had sense'enough to relinquish a throne
irom which he foresaw tnat the natural ferocity ol
lus disposition must soon cause his expulsion; but
with an inconsistency of intellect which is hardly
accountable, lie was unable to perceive that the bur
then of liis presence was likely to prove still heavier
over a people who we're not taught to look upon it
rather as the consequence of’ a legitimate order of
•uccession, or of a free choice. Among the innu
merable specimens of Constantine’s inode ol ruling
Poland with which we have been supplied, we have
selected two cases, the particulars of which are
likely to appear interesting to our readers, at the
same time tnat they will serve to show that despot’s
•ha racter; we shaihgive them as nearly as possible
ki the narrator’s own words, merely premising that
lie holds a rank and character which induce us to
place the most implicit reliance on his authority.
‘During one of those tine evenings of the month
of June, which in some of the northern parts ol
Europe indemnity tlie inhabitants for the excessive
length of the winter nights, I was returning from
tlie villa of the Princess Sapiega, situated a few
leagues distance from W arsaw, where I had spent
tlie day. I was so absorbed with the thoughts ol
come interesting occurrences to which I had been a
witness, that I left iny horse to guide himself en
tirely by his own instinct, and I did not awaken
from my reverie until I found myself suddenly be
fore the portal of the great burial-ground of War
ea w, situated a good deal beyond the gate by wliicli
it was my intention to enter. A bright moonlight
enabled me to perceive at some distance a private
carriage, drawn up close to the wall of tlie enclo
sure, and apparently waiting for some one within.
I could not help being struck with the circumstance
at such an hour, and suffering curiosity to get the
better of the desire to retrace my steps, I tied the
Teins of my horse to the branch of a neighboring
tree, and proceeded in search of this midnight visi
ter of the dead.. After wading some time through
the labyrinth of* monuments of departed grandeur,
J came to a kind of tumulus before which a woman,
in a kneeling posture, was apparently performing
some earnest act of devotion. She hastily rose on
my sudden appearance, but, before she had time to
conceal her lace under the ample folds of a long
black veil, which had been thrown over her shoul
ders, I recognised the beautiful Countess K ,
whom I had frequently met at the house of one ol
her relations. It then occurred to my recollection,
dial when about to be introduced to the Countess,
my introductor cautioned me against ever mention
ing, in her presence, tlie name of Colonel S ,
with whom I had been formerly acquainted, and
who, I well knew had been an intimate friend of
her late husband. I had forgotten to inquire into
the motive of this caution, hut not doubting now
that it bore a connexion with the object of this
jiocturnal excursion of theikir Countess, I could not
repress the feeling of sympathy and curiosity which
romantic a rencontre awakened. After apolo
gizing to the Countess for interrupting her in the
exercise of duiies apparently of the most pious
kind, I observed that her grief must be deep-rooted
indeed to conduct her hither alone and at such an
hour. We walked slowly together for some min
utes, and the lady, seemingly touched with the sym
pathizing tone in which I spoke to her, related to
me the following particulars;—
. - ‘You were acquainted with Colonel S , and >
I vou knowythat he was my husband’s bosom friend,
'^hey traveled together in Spain where my husband
-was taken ill and died. When he found that liis
dissolution would be the inevitable issue of his ill
ness, he addressed a letter to me, in wliich he spoke
of the affectionate attentions paid him by the Co-
tone! during his sickness, and expressed a strong
wish that I should look upon him as my tutu re pro
tector and friend; and, in fact, consent to become
‘lis wife. The Colonel returned to Warsaw some
jonths after I had become a widow. Deeply as I
jit the loss of my husband,'I could not help think-
ig of his last washes respecting his friend. You
now how many of those qualities the Colonel pos-
?ssed which make a favorable impression on our
:x; compliance was, therefore, prompted by in
clination as well as duty. An attachment soon took
place between us; but the Colonel, from a feeling
of delicacy which my repeated entreaties could not
\ overcome, deferred becoming my husband until he
\ bad attained the rank of a general officer in tlie ar-
jny, which my late husband fiad long held. He
was entitled to speedy promotion, and he had rea
son every day to expect that it should take place.
The Grand Duke Constantine had always appear
ed his friend, and under such patronage, tlrf road
per military honors seemed to be opened to him.
But hiB. fap hij| weU-frnoffln Qgjit,
-because life coat was not eatiaalp'Jnittoned up to abode, and the prison was deposited bv is but one subject; and the mind considers one euh- army, surrounden as it is by swamps and marshes/
| his neck. This answer raised the Grand Duke’s tlie trusty confidante under her father’s pillow be-i ject, (at least the minds of most men can consider in the most difficult situation imaginable. The Pal-
anger to its highest pitch. He applied a violent fore he awoke. ’ jone subject) with more facility, because it atinate of Augusiow, bv which the Russian army
blow to the Colonel’s face, and ordered him to pri-j ‘You would hardly believe that the very next I is but one: but my view is this,—that when you entered Poland, contains 29,350 acres of lakes, ana
son. To submit to such a degrading outrage was day the Grand Duke w as minutely informed of all divide a thing into parts, though you may - ill them 71,340 of marshes. The Palatinate of Plock, in
more than any man of the Colonel’s fine feelings ; tliat had taken placp. His rage knew no bounds; pari, yet they are in fact so many different things; which the army is now maneuvering, has 1,680 a-
and high station in society could endure. On the j when, according to daily practice, tlie Governor (because unless they are different why do you di- cre s of lakes, and 20,550 of marshes. The Pa la-
following day I received this note from him, taking j waited on him to receive his commands, he did re-! vide them?) and then, instead of considering one tine of Warsaw, in which the battles of February
a slip of paper from her bosom, wliich I always car- ceive something, but, on this occasion, it was a se-; thing, (as the whole thing was but one tiling at first,) ’ wrere fought, contains 2,280 of lakes, and 8,550 of
ry about me. Hear its contents: ‘I have been ! vere caning administered by the Grand Duke’s im- i why, when you have divided that into a number ; marshes.° The Russian army has, it would appear
dishonored in the eyes of the whole army, and, i perial hands! The Colonel was, under a strong of different things, then tlie mind is compelled to
therefore, am no longer worthy to be yours.—When j escort, sent to the fortress of Zamosk, and his un-, consider just as many things as you have divided
you receive this I shall have ceased to exist. My , fortunate bride was turned adrift by the irritated: tlie subject into; wliich^ is more difficult: (and I
own hand shall give me death, that it may not governor. My wife, who had often seen her, and j have known many men, (men of education too—I
iad conceived a great regard for her, induced her i have often myself often experienced it, and I dare
one day become that of a regicide.’
‘In that mound before you his remains now rest;
I frequently come to give vent to my grief, and I
to come and stay with us, and offered her the use
of the paviilion you see for any length of time she
am obliged to choose an hour at wliich it is least j might feel disposed to be our neighbor. Some days
likelv that I should meet with interruption, and } ago she received tlie news ofher father’s death.—
with that annoyance by which its tyrannical author ' He was the French ex-director Neufchateau, living
would pretend to dry up my tears!’ in exile from Fiance since the second restoration
1 walked slowly with the Countess to her car- | ol the Bourbons. He left some property, to wliich
riage, into which I handed her, after giving her my
word that I should say notliing of my recontre with
her during mv stay in Warsaw.
‘Not many days after, I went to spend a week at
the seat of my friend tlie Count Stanislaus Pototz-
ky. One morning, as 1 was sitting with him on a
rustic seat formed round a magnificent -cluster of
poplars, which had often shaded the late King of
France, Louis XVIII., when in exile, we were
conversing on the prospects of Poland, under tlie
existing mode in wliich its government was con
ducted. ‘If,’ said the Count, ‘the Emperor A-
lexander had not imposed his brother Constantine
upon us as his representative, I dare say his inten
tions would have been acted upon in a very diffe
rent spirit. But, under the fallacious promise of a
liberal system, he has saddled us with an intolera
ble burden. Corruption and venality have become
the principles of his government—extoriton, the a-
buse of his power—espionage, the investigator of
his tyrannical disposition and violence, his mode of
enforcing obedience and a substitute for national
laws. In tliat Paviilion, at the extremity of the
Park, which you see from hence,’ pointing at the
same time with liis finger, ‘there is at this moment
a victim of the espionage through which things are
now managed among us.’ On my expressing cu
riosity to learn the particulars of the case to which
he aliuded, he continued. ‘It a romantic episode,’
he said, ‘but the consequences of it threaten to be
of a tragic nature. About three montns ago, the
Grand Duke Constantine, whilst making, as is usu
al with him, the very superfluous diurnal inspection
of the military posts of Warsaw, (for he seems to
act as if we were Still exposed to the sudden irrup
tions of the Zaparog Cossacks,) came to the north
ern gate, where the Sub-Lieutenant, Count Welio-
polskv, commanded the piquet on duty. The
young Count had quitted tlie corps de grade for a
few moments for the purpose of buying a stamped
sheet of paper, on which all petitions to tlie Grand
Duke were, according to his express command al
ways to be written. On finding liim absent from
his post, Constantine was seized with one of these
fite of rage to which he is subject,, and in that most
unpropitious temper did the poor sub-lieutenant
find him, when, alter an absence of only a few min
utes, he returned with the stamped sheet in his
hand. Not content with venting his anger in
mere abuse, lie struck him several blows; and, op
the poor fellow attempting to excuse himself by an
explanation of what had called him away only for
a short time, the Grand Duke, who exacts and ex
pects the most passive obedience, and will never
tolerate the least reply to his reproof, instantly or
dered him to receive three hundred lashes in his
presence. Poor Weliopoisky lingered some days
from the efiects of this brutal chastisement, and
died.
‘Count , who was Colonel of the regiment
to which Weliopoisky belonged, and who was also
related to liim felt so indignant at the outrageous
proceeding of the Grand Duke, that he waited on
him to remonstrate against it, and ask him in what
manner he intended to atone for the injury inflict
ed on the lamily of the murdered youth, through
the violation of all military laws and the national
rights of the Poles. Constantine replied in his usu
al arrogant manner, and a discussion arose in
wliich the Count attempted to vindicate liis coun
try’s rights by pointing at its laws. To talk ol’na-
tional rights to Constantine is to appear to liim
guilty of high treason. The Count was sent to
prison, and that he might remain in safer custody,
lie was given in charge to the military governor of
Warsaw, an old thorough-bred Muscovite general,
who was as unbending in the execution of liis mas
ter’s commands as ever paddle was to the irresisti
ble power of a hundred horse steam-engine. There
was a stone warehouse in a remote part of the
Court adjoining the house of the Governor, in
which he locked up his prisoner; its windows,
though only two feet from the ground, were secur
ed by strong iron bars, and the old general was
sure that every thing was safe when, previously to
withdrawing to rest, he visited his prisoner, and
then locked the door himself. The keys he took
with him and placed them under his pillow for the
night. It happened that in the very house of, the
governor there was a young French lady, living as
* Constantine’s rigorous exactions about a conformity
with his whimisical regulations on the mode of wearing
regimentals, are among the peculiarities of liis overbear
ing temper. He has frequently sent officers in arrest for
• he offence of leaving a single button out of its hole. At
he Theatre of St. Petersburgh, Ms principal occupation
ivas to espy the officers of his own regiment of Hulans;
and if, through the means of his glass, he thought he per
ceived in some remote comer any one of them who was
not bound up at all points in tlie strictest conformity
with his latest regulations, an aid-de-camp was instantly
despatched to the offender, with orders to place him im
mediately under arrest. The extreme littleness of mind
implied by this petty mode of hartassiug and tormenting
those around him, Constantine evidently inherited from
his father. Paul’s ridiculous regulations about the dress
and deportment of the inhaMoBats of St-Petersburg!* are
not perhaps for^otte^.
liis daughter was sole heir; but, in order to obtain
the enjoyment of it, her husband’s signature to a
power of attorney was required. We advised her
to petition tlie Grand Duke for permission to visit
him, and, indeed, I drew up for her the draft of the
petition, in which the grounds of the prayer were
clearly stated. She proceeded to the Grand Duke,
to whom she was allowed to present it. After be
ing made to wait some time in an antechamber,
the Grand Duke brought her himself a sealed let
ter, addressed to the Governor of the fortress of
Zamosk, which the poor woman supposed to con
tain the order petitioned lor. Three days after
she had proceeded on tlie journey, she came back
to us in a frame of mind fxirdering on distraction.
It was with the utmost difficulty we could obtain
from her some account of what had happened.—
The Grand Duke’s letter, of which she had been
made the bearer, contained an order to put her
husband in irons!
‘Such, Sir, are the effects of unlimited power in
tyrannical hands. The reigns of Tiberius and
Nero never exceeded in oppression that which now
affects our country. When ungovernable passion
has usurped the place of justice and defined autho
rity, its influence must soon be felt. But the
Poles never intended to become any body’s slaves;
and, as, no appeal against the oppressive system
by which our rights have been superseded has any
chance of being listened to, recourse must at last be
had to means whereby we may forever be deliver
ed from our oppressors.”
FROM THE JOURNAL OF LAW.'
DIES JURIDICI.
DayL
Scene, A court room in Vandilia:—Judge Buzz,
Burly and Pallet on the bench:—Officers, Law
yers 8tc. &c* [ The court having opened by the cry-
er in the usual form.]
Judge Buzz.—[Knocking on the desk with the
handle of his penknife.] Gentlemen of the Bar!
hand in your motions.—Come, let us hear from
you, Gentlemen of the Bar.
Peter.—[ The cruer.] Silenee! you musn’t talk,
gentlemen.
Mr. Modicum.—May it please the court,—
I beg leave to move for—
Judge Buzz.—Give me leave, Mr. Modicum,*—
stay for a short space, sir. [Judge Buzz whispers
with his to other Pallet: meamchile a general con
versation tommences in the court room.]
Peter.—Silence!
Judge Buzz.—[Rapping his desk icith the pen
knife.] In very truth, gentlemen of the bar, there
is conversation which disturbs the court—the court
is disturbed—I have said it: I pray you, let there
be an end, gentlemen;—nay, this must jtot be!—
ProYhonotary ! hand me the motion list. [The
prothonolai'y hands the motion list. Judge Buzz
whispers with his brother Burly;—general convei'-
salion commences, as before:—after some time Judge
Buzz begins to call the motion list.] Hump v. Bump!
Mr.Grumble! Mu. Count! Continued! Peter!
Peter ! Petek! Where is Peter?
Peter.—[Starting up.] Sir!
Judge Buzz.—Come hither,Peter—ah!—What
is your first name, Peter?
Peter.—Sir ?—my name, sir, is Peter Pipkin,
sir.
Judge Buzz—Yes—it is so—right—“ Peter
Pipkin”—it is so indeed. Driesbach r. Smash-
pipes! Mr. Moricum! Mr. Drift! Con—
Mr. Drift.—Argument, sir—we are ready ou
both sides.
Judge Buzz.—Go on then, Mr. Drift.
Mr. Gripe.—I believe your honor has passed
tlie case of Taylor v. Cabbage,
Judge Buzz.—I think not, Mr. Grips: what is
term and number?
Mr. Gripe.—It is at tlie very head of tlie list,
sir; I have not heard it called.
Judge Buzz.—It is so, sir; I have it here, Mr.
Gripe: it is at the very top of the list, and to-day
we begin at the bottom, Mr. gripr. It shall be
beard in its turn—the court will hear you, Mr.
Gripe, when ^he case is reached:—go on, Mr.
Drift.
Mr. Drift.—May it please the court —
Mr. Grumble.—[To the court.] I have not heard
the case of Hump v. Bump called, sir.
Judge Buzz.—Hump v. Bump? what is the term
and number, Mr. Grumble?
Mr. Grumble.—It is at the foot of the list, sir.
Judge Buzz.—It is so, sir; I have it here, Mr.
Grumble: it is at the very bottom of the fist: it
has been called and continued, Mr. Grumble: it is
a very late motion, sir, it can wait.
Mr. Count.—We are veiy anxiousonboth sides,
to have it disposed of sir.
[ The three Judges confer together.
Judge Buzz.—Are vou ready, gentlemen, on
both sides, in Hump v. Bump?
Messrs. Grumble And Count.—[Speaking to
gether.] Yes, sir.
Mr. Drift.—May it please your honors,
biewfroflWiMcsv) $MAqggpxKj U«r
say others have—though I never saw this view ta
ken of it before,) become very much confused in
consequence:) besides which, after dividing it, it is
of no use until you put all tlie parts together, (be
cause it is necessary to have a view of the whole
together,) and this also is sometimes not easy for
any man; I have found it not easy: therefore the
result of my opinion is tliis—I mean to say that I
shall be glad to hear an analysis for this reason, that
it is so very difficult.
Mr. Count.—May it please your honors, I shall
proceed to state the facts just as they occurred,
without any attempt
Judge Buzz.—[Knocking on the desk as before.]
Hear me! I pray you listen to me, Mr. Count; let
me break tliis case for you—to save time, 1 will
just f*reak tliis case for you; then tlie points will
present themselves, and you can proceed with your
argument, 4 Mr. Coun r. Listen to me;—you move
to set aside tliis Fi. Fa. alleging that the judge
ment on which it issued was fraudulently obtained,
and that therefore the court should interfere to stay
or avoid the execution: the court have the power
to do so, doubtless, sir; nay, this court has often
done so', to prevent injustice. Fraud, therefore, in
the plaintiff, Henry Hump, is the point in this case:
is it not so? «Have I not said it aright, Mr. Count?
In very truth, is that not the point of your
case?
No, sir: we do not allege fraud in judgment, bnt
are prepared to show that tliis execution has issued
irregularly and improperly, whi«h i apprehend,
will
Judge Buzz.
Knocking as befot e.] How is this, sir? Let me
understand this! you allege no fraud in the judg
ment 2 —shall you then say to the oourt, that a par
ty holding a valid judgment shall not have execu
tion—that he shall not have the proeess of this
court, to recover his debt 2 do you say that, sir—
You should have strong grounds to lay before the
court;—go on, sir; go on, Mr. Count.
Mr. Count.
Why really, sir,
Judge Pallet.
Yes, and another thing—you ought to have
proof o the facts; because the statement ol* coun
sel alone, is not proof, however respectable, for
tliis reason; that suppose counsel ou opposite sides
make different statements—equally respectable—
or disagree in their statements; how is the court to
determine?—And even the affidavits of the parties
are not evidence, on the hearing of a rule to show
cause. The distinction is this: tMfe affidavit of a
party is sufficient evidence on which to grant a rule
to show cause; but, when they come to tlie hearing
of the rule, it is not evidence; and my view of it is
this:—that such an affidavit ought not—of the court
ought not to suffer it to be even read on the hear
ing of the rule to show cause, for two reasons: be
cause the party is interested, and cannot be a wit
ness in his own cause: and besides, the opposite
party has had no opportunity for cross-examina
tion; wliicli is a very important objection, because
a witness may tell a very straight story as long as
he is allowed to go on in his own way; but when
you come to question him,-—to—sift liim,—then you
very often destroy the effect of the testimony which
he lias given on his examination in chief; and that
is the practice of this court, always to require de
positions on the hearing of the rule; (tlie distinction
is between the granting of the rule to show cause,
and the hearing of that rule,) because on deposi
tions the opposite party always has an opportunity
of* cross ex-amining; and if he does not clioose to
cross-examine when he has the opportunity, why
then, he has no right to complain; for he has had
an opportunity;—you see? the court have given
him an opportunity, but he did not make use of it
Mr. Count.
I have several depositions, regularly taken, wliich
will establish ail the facts on which we rely, and 1
will now read
Judge Buzz.
Ali! you have depositions?—Well, well—stay
— [The three Judges confer together.] This case
has already occupied more time than was expected;
I mean to cast no reflection, Mr. Count, I beg
that I may not be so understood. Gentlemen of
the bar are mae intent upon the performance of
their duty to their.clients, than on saving tHe time
of the court Let tliis suffice—This pourt is much
oppressed with business;—the court t^ill hear you,
Mr. Count, you shall have justice, sir; no party
shall liave cause to complain that he has not re
ceived substantial justice at the hands of tliis court:
this court will do justice between the bar-
ties in this cause! Judge Burly is now about to
call his trial list for the next period: after that, tlie
court will dispose of this case, if there be time;—
I have said, if there be time.
[Judge Boult now calls the trial list, during this
time, Judge Buzz whispers with his brother Pal
let, and then retires quietly. The calling of the
trial list being over, Judge Buzz is missed from
the betich.]
Mr, Grumble.
[To the court after a pause.] Will Judge Buzz 1
return, sir?
Judge Burly.
Hump! I don’t believe lie will, do-day.
Judge Pallet.
* Why, I don’t think it certain, because just before
weat nwayi bQ-said to qw; “Are yon going t»
from this, taken up its position at a distance of six
ty or eighty leagues from Bailystock and Grodno,
in which idrpriucipal magazines are, &, in tlie coun
try where you may travel five or six leagues with
out meeting even a miserable village—without £
passable road—surrounded by marshes, and in thd
midst of a hostile population. Supposing tliat it
had formed intermediate depots of provisions and
forage, stationed at only five days journey from flife
army, let us calculate the enormous material ne
cessary for bringing the daily subsistence to the
troops. The total lorce consists, it is said, of 20,-
000 men, including over 20,000 cavalry. The con
sumption of each man being estimated at two
pounds weight daily, in corn or other substances
and half pound being allowed for the quarter of a
pint of spirits, without which the Russian soldiers
cannot fight, it follows that the total Weight of pro
visions for one day, for 200,000 men, is 5,0C0 cjnin-
tals, and for five days, 35,000 quintals, the trans
port of which would require, 1,250 waggons or car
riages, drawn by four horses each. The same
number of corriages must regularly return empty,
so that in fact, 2,500 carriages, and 10,000 horseD
would be necessary for the canveyance of the sup
plies. The procuring of forage for the horses is
still more embarrassing. Independently of the
"20,000 cavaliy horses and the waggon horses, there
are at least 5,000 artillery horses, for a park of 400
guns,and 400 carriages, and above 5,000 horses of
the staff* officers of the regiments. Fifteen thou
sand horses are necessary for drawing from 4,000
to 5,000 carriages containing tlie daily forage, ma
king a total of 30,000 horses. Each Consumes at
least 9,000 eighteen pounds weight in hay and oafs/
that is quintals in each day, 45.000 quintals in tlvo
days. It would require 7,250 carriages to bring'
that weight of forage from the nearest depot, whilst?
the came number of carriages would be on their
way back empty, making altogether 4,500 carriageif"
necessary for the second service. Their present
position, therefore, is not tenable; and any rein
forcement of troops will only increase their distress.
Should Gen. Diebitsch effect immediately the cross
ing of the Vistula, near Plock, as some imagine he
wishes to do, lie will find on the left bank of the riv
er a sandy country, and more fertile soil, but the
Polish army will doubtless take advantage of it, and
organize on that account a more formidable resis
tance, as the nature of the country will leave them
free to make their manoeuvres, whilst. <i e Russians
cannot attempt the passage of the river except aH
evident disadvantage.
African Expedition.—The most interesting in
telligence received by the brig Virginia ft on B o at
this port, is an account of the afhean expeuirw a of*
Lander, the Discovery of the course of the «A :g*r.
and the recovervof tlie long sought team scripts o*
Mungo Park. The public will doubtless look anx
iously for the narrative ofthe adventurous travellers*
spoken of below—the question as to the sources or
the Niger and the Nile has long been problematical/
it will shortly be solved.—Balt. Minerva.
The English ship Carnarvon, which arrived at
Rio Janeiro early in April, from Fernando Po, an
island in tlie mouth ofthe river Camerones, in the"
«ruif of guinea, brought as passengers, Richard Lan
der, the well known companion of Clapperton, and
his brother John Lander. These young men i ave
been absent seventeen months, in tne employ of tlie
British government, in procuring the search aftep
the course of the Niger. Having reached tlie point
(mentioned in Clapperton’s hook) where park was
murdered, they succeeded in recovering his hooks,
fetters, manuscripts, and a double barrelled gun,
wliich was his property.
Being obliged to abandon their designs of preced
ing to Timbuctoo, from which they were scarcely
fifteen days journey, for want of presents to bestow,
without which there is neither found protection iioy
assistance from the authorities ofthe country, they* *
in consequence re-embarked at tlie place where
Mungo Park lost his life, and following the Current
of tlie river, which runs at the rate of four miles an
hour, they ascertained that the Niger before it di
vides itself into various branches, is ten miles wide*
They then resolved to proceed by one of the most
considerable ofthe branches which flowed rapidly to
the west. As they approached the coast they were
taken prisoners by the negroes who inhabit the
banks of the river, and were obliged again to embark
to be conducted to the presence of their King, who
lived at a great distance. They were plundered
and treated as slaves, and were threatened to be
sold and seyt into the interior.—They succeeded
however, after great difficulty, in persuading the
chiefs, by promises of a great reward, as well fotf
their person as for the property they still possessed/
to send them to the coast of Guinea.
Having asrain embarked, they at length arrived at
the Bay of Benin; where the Europeans gave the**
every assistance they required.
These travellers affirm, that the river Norm,
which discharges itself into the -Bay of Benin, is the*
most considerable branch of the Niger; and that
the others, like the Calabar, also flow to the ocean.
They also stated that their guides told them thaf
the city of Timbuctoo is not situated on the Niger,
but distant from it twelve leagues to the norths
They admired the beauty ana fertility of the coun
try through which they parsed, the extent of whi«ft
is calculated to be 1800 miles. The inhabitants Of
the interior are Mahometans, and are much more
tractable and eivifized than the negroes who inhabit
the coast.
They took passage on the 6th April, in the Bri
tfehtranspert^W».Hurrip,lyiwwaftvJfeffT