The federal union. (Milledgeville, Ga.) 1830-1861, June 23, 1831, Image 1

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/ EDITED BY J. G. POLHILL & J. A. CUTHBERT* THE FEDERAL UNION. MILLEDGEVILLE, GEORGIA, THURSDAY, JUNE 33, 1831. NTTIBr.U 50* >rur I'KIOS is published every Saturday at THRFE DOLLARS * 'uiuulii ixi advance,JB FOUR, if not paid before ti.e etui of the > ir The Oltice is OB Wayne Street. onnO'ite McCombs* Tavern. of Ordinary that must be /ne Street, opposite McCombs* Tavern. t *U AD^flRTiSEMENTfi published at t!ie usual rates. N P Each Citation by the Clerks of the Courts of Or has hern rruite for Letter* of Administration, nub shed THIRTY DAYS at least. * v Not j CC ti y Executors anil Administrators for Debtors and Credi tors to render in their accounts, must be published SIM WEEKS. Sale/uf Kecroes by Executors and Administrators must be ad- vei ti'C'l SIXTY DAYS before the day of sale. Sales of personal property (except negroes) of testate and intes tate estates by Executors and Administrators, must be advertised *^tmilTcsuions by Executors, Administrators and Guardians to the •purt of Ordinary for leave to sell Land, must be published FOLK MONTHS*. Applications by Executors and Administrators for Letters Dismis- fpry, must be published SIX MONTHS. Applications for Foreclosure of Mortgages on real estate must be advertised once a month for BIX MONTHS. Boles of real estate by Executors, Administrators arid Guardians, must be published BIXTY DAYS before the day of sale. These Hales must be made at the court-house door between the hours of 10 the morning and 4 in the afternoon. No sale from day to day is Valid, unless so expressed in the advertisement. Orders of Court of Ordinary, (accompanied with a copy of the bond, or agreement) to make titles to land, must be advertised THREE MONTHS at least. , .. .. Sheriff's sales under executions regularly granted by the courts, must be advertised THIRTY DAYS—under mortgage executions, hi vtv DAYS—sales of perishable property under order of Court, inust be advertised, generally TEN DAYS belore the day of sale. All orders for Advertisements will be punctually attended to. V aij letters directed to this Office, or the Editors, must be post paid, u> entitl*- them to attention. 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