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EDITED BY TIIOIIAS HAYNES
VOL. V. AO. 2.
BY I*. L. HOBINSON, Slate Printer,
And Puldixher (by authority) of the Lairs of (he United States.
OFFICK NEAR THE CORNER OF W AVNE AND FRANKLIN STREET*.
ISSVED EVER! II ESI».\Y MORMNG.
C.;' TERMS.—Three Ko’.Ur. per nniniiu. No subscription taken for less then n
year, anti no paper discontinued, but at ths option of the publisher, until all arrear
ages arc paid.
Advertisements conspicuously inerted nt the usual rates. Those not limited
when handed in, will be inserted till forbid, mid charged accordingly.
CHAXt.E Ob I>IKE(. I lON.—\\ e desire such of our subscribers as may at ant
t ma wi.-h the direction of their papers changed from one Post Office to another, to
inform us. in nil cases, ot the place to which they had been previously scut; as the
mere order to forward them to n different office, places it almost out of our power to
comply, because we have no means of ascertaining the office from which they are
ordered to be changed, but by a search through our n hole subscription book, con
taining several thousand names.
MILLEDGEVILLE JOCKEY CLUB RACES.
THE Spring Races of the Mil
hxlgevilie Jockey Chib, will com
x* rue nee on the second Tuesday
k. 'IK ng-—*"**"—- (It'thday) of April n< xt.
“—* X J u ’ >« •'< pst ikc.
fifty dollars entrance ; three or
ZjCahSr gijSA V \ inort' to make a race. A fine
fu ‘/ r Silver Goblet put up by the pro-
*d day: Two mile bents —free
f or a l|. Purse, S3OO.
;;j day. Three mile heats—free
for all. Purse, - • - • - • - SSOO
4th day. F our mile heats, free for all. Purse, - - -, - SBOO
sth ddv. Colts’ stake—two mile heats—s2so entrance —for the Young Plate,worth
$1,000—3 already entered. Open until the 25th March next. The money hung up
each day. , ’ H. F. YOUNG & Co., Proprietors.
January.23,lß3B—l.
HEAD QUARTERS, ?
Milledgeville, 10th January, 1838. 5
THE determined opposition of many ofthe Cherokee Indians to the terms of the
late Treaty, amt their indisdositmn to obey the laws ot the State, render it prob
able that difficulties may arise in effecting their removal to the country in the West
provided for them by the General Government.
To guard against these difficulties, and to give confidence and security to the peo
ple, it is deemed proper that every means of defence and protection should be in the
nest state of preparation. Being informed that the militia of the counties occupied by
the Indians, viz: of Union, Gilmer, Walker, Murray, Lumpkin. Forsyth, Cherokee,
Cass, Cobb JPaulding, end Floyd, is very inqierfectly organized—for the purpose of im
proving its efficiency, tbe Captains of Companies in those counties arcordcrcd to till up
their muster rolls witii all persons who art* by law subject to their command; have
tbeir full number of subordinate officers elected, and non-commissioned officers se
lected ;to have as frequent musters as the law will allow, and the arms in possession
of their companies in preparation for immediate use. And that the commanders of
Battalions and Regiments endeavor to have the fall number of officers subject to their
command in commission, by ordering elections to supply any vacancy, and in any and
every othe* respect to perfect the organization of their battalions and regiments.
Tne commander-in-chief would avail himself of this occasion to call Upon the pa
triotic citizens of the State, and especially of the counties adjoining the Cherokee
country, to form themselves into volunteer companies, prepared to afford immediate
assistance,should the Cherokees attempt to imitate the Creeks and Seminoles, in
bringing upon our frontier pooplc the miseries incident to their savage mode of war
fare.
Bv order of the Commander-in-Chief.
Jin.‘A 1 MILLER GRIEVE, Aid-de-Cnmp.
EXECUTIVE DEPARTMENT. 7”
January 10, 1838. \
VLL Military officers nnd agents of the Government having in their possession
public arms not belonging to their own commands, are directed to inform this
Dei>artnicnt of the same, and their number and description.
Private persons haying public arms in their possession, will aid the public service
by giving the same kind ot information to this Department.
’ Bv order of the Governor.
January 23, It BENJAMIN T. BETHUNE,Sec’ry Ex. Dep.
MILLEDGEVILLE M ALE AC A5 EM exercises
of this School will be resumed on Tuesday, the second inst.,
under the charge of Mr. A. B. WATROUS. The Trustees being
desirous of placing this Institution on afooting with the’other Acade
mies in this State, have engaged the services of Mr. W. whois a
graduate of one of the most respectable Colleges in the country, and
whose qualifications and experience as a Teacher, are a guarantee
that every facility will be afforded for acquiring a knowledge of all
the branches of an English and Classical education. The Adadcmv
is furnished with good apparatus, so that the higher branches may be
taught with appropriate lectures and experiments- Particular at
tention will be paid to the morals of the pupils.
TERMS.—Pupils will be charged quarterly, as follows, viz. Or
thography, Reading, Writing and Geography, §7
EnglishGrimmar. Arithmetic, Book-keeping and Dictation, 8
All other branches, such as Rhetoric, Logic, Algebra, Ge
ometry, Natural Philosophy and Chemistry, together with the
Latin and Greek Languages, 9
No charge will be made for less than one quarter, which in every
case will be required in advance. By order of the Board of Trustees,
C. J. PAINE, Secretary.
Jan. 2, 1838, 50-—4 -
CN EORGIA FEM ALE COLLEGE—Scottsboro’Georgia— The
W Spring term of this Institution, for 1838, will open on Monday,
January Bth. Itis desi able that all students should be present at the
formation of classes, on the first day ofthe term. The government of
tho Institution is strict, but salutary—being by written laws and consti
tution, which are rigidly enforced, after the manner of the republican
State Governments <>f this country. A pamphlet, containing hints on
Female Education, our system of instruction, discipline, <Scc., will
shortly bn published, and sent to all who may feel interested enough
to apply for it, hy letter, to the Principal.
The hours for instruction are from day light till nine o’clock P. M.
(summer and winter) reserving four hours for meals and recreation.—
On Saturdays, students are engaged only till noon. The Lyceum, (a
iiterary and scientific Society,) of which the Principal is, ex officio. Pre
sident, meets every Saturday evening. This society has been establish
ed but a few months, and has already proven itself to be immensely im
proving to the young ladies.
We pledge ourselves to impart, in one year's time, to any young la
dy, who possesses a good mind, and who can read fluently, a handsome
handwriting, a correct knowledge of Grammar, Arithmetic, Geography
•nd spelling. 17
A married gentleman, from South Carolina, is engaged in the Draw
ing and Painting department. His work will compare with any artist’s
in the Southern States. Besides the above branches, he will teach
Portrait and Miniature Painting, Gilding, Bronzing, Smalling, Trans-’
fening prints, Fancy Work with perforated paper, &c. &c. In the mu
sical department, instruction will be given on the piano, guitar, and
flageolet. Lectures every night, on Human and comparative Phyelo-f
logy, Botany, Astronomy, Chcmestry, <Scc. &c. •
Exertions arc being made to have a clergyman attached to he Justi
utieu, which will be effected with as little delay as possible. tWe have
1 library of volumes—an herbarium of 2001) species of plants, col
ectcd by the Princ:pal, in the State of South Carolina—optical instru
ments—Chemical apparatus, maps, globes, &c.
The young ladies are required io dress plainly—not to wear jewels
of any sort, and not to attend balls and parlies. No store accounts
without the sanction of parents or guardians. Such as have accounts
will be required to register all their expenses in a book, they will keep
fur the purpose. Patrons will receive a monthly report of their chil
dren’s progress in their studies.
Board can be had in the village.
We solicit the patronage of our Southern friends, and pledge our
selves to labor to deserve it. We not only invite, but would bellatter
ed by the visits of all who may be disposed to attend our lectuies. recita
tions, tec. on ?ny day or hour during the week.
L. LATASTE.
ANNA M. LATASTE,
Principals.
Dec. 21. 49—3rn.
The Southern Banner, Sentinel and Constitutionalist, Columbus En
quirer, Mobile Commercial Advertiser, Republican and Georgian, Sa
vannah, and Charleston Observer, will insert tho above once a week
ill Bth Jan., then once a month for three months.
(CAPITAL STOCK tl X>,ooo, a# nato in.— l VLB SON L. IIAIL
J RIS, Arent at Milledgeville, ofthe Georgia Insurance and Trust
Company, will take Fire and Marine Insurance on the most rea
sonable terms. THOMAS S. METCALF, Pres’t.
VVm. T. Gould, Secr’y
Directors of the. Georgia Insurance and Trust Company, Nov. 4th, 1836.
Samuel If ale. Benjamin H. Ifarrcn,
David IP. St. John, Elisha Morton,
Adam Johnston, Jldioard Thomas,
Jacob Moise, James P. Stuart,
Solomon Kneeland, Samuel 11. Peck,
Hay% Bowdre, haac T. Heard,
Pleasant Stovall, ll’illiam 11. Morgan,
Artemas Gould, Harper C. Bryson,
John M. Adams, John V. Coicling,
Andrew J. Millet, Edward Padelfotd.
Nov 17—11
H&I.J. SIIO'FWiCI/L, Druggists, Macon, Ga— The subscribers
• (former partners of Ellis Shotwell, (Jo.) have resumed their
busim is under the above firm, at their old stand opposite the Brick
Tavern, and will keep a general assortment of Drugs. Medicines, Sur
gical and Instruments, Paints and Oils, of all kinds, Window Glass, as
sorted sizei, (Bass-Ware for shop furniture, Perfumery, Fancy Articles,
Blushes of every description, Botanic anti Patent Medicines Carpen
ter’s preparations, also bis Essays Mediea. Dye Woods, and Dye stuffs,
and agreat variety id .Miscellaneous Articles, uliicli they have received
a large supply of, and intend keeping their stock constantly replenished,
so as to be able at all times to supply Dealers, Physicians, Planters
ami others who may favor them with their custom.
Intending to he permanently engaged in this business, the subscri
bers from their long experience, hope to rcmler it worthy the patron
age of old and new customers. Orders hy letter will meet the same
attention as if made in person.
N. B. Garden Seeds, assorted, warrentcd fresh X liberal discount
Wiadc to country dealers. IL
VBt. 11, 1837. w —if
®fitn6ar6 d*
I*ii *« o r k(»gi tn g.e.
< N \CT to alter ami amend the Charter of the Central Bank of the State of
>*re. I. /»» it enacted by the Senate and House of Representatives of the State <f
Gcorgiti, in General Assembly met, and it is hereby enacted by the authority of the
samCy I hat u hen any person inay or shall hereafter olfer a note nt the said Central
Bank of Geer..in, for a new discount, that th;* same shall be accompanied with an af
fidavit in w riling, t .be made b\ the maker of said note, which shall state that the note
I otlered is for the only use and benefit ot him, the maker, and not for the use, benefit or
iute»e-tot am other pci son or persons whatsoever; which affidavit shall bo filed ami
l«t pt by the (’ashler <»i said Rank. Ami it any new note, as aforesaid, shall hereafter
bo o‘l< r. tl tor discount at said Rank, without being accompanied by un affidavit us
aforesaid, the same shall not be discounted.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 23d December, 1837.
GEORGE R. GILMER, Governor.
January 30,1838. *2—it
A N At 1’ to alter and amend an Act entitled An Votto authorize the construction
uA of a Railroad Communication from the I’enuessee line near the Tennessee Ri
ver, to the point on the southeastern bank of the Chattahoochee River most eligible for
the miming of branch roads thence to Athens, Madison, Milledgeville, Foray th ml
(Xdnmbus, and to appropriate moneys therefor, passed on the Ist [2lst] December,
\\ hereas, the General Assembly of this State, did, by said act, provide by law for
the survey and location of a Railroad, to be constructed as a State work out of the
funds ot the State, from some point on the Tennessee line commencing at or near
Rossville, to a point on the southeastern bank of tha Chattahoochee river; and,
whereas, a survey and location of said road has been made linder the provisions of
said act, ami it is deemed expedient that a permanent provision should be made for ,
the sucerßßful and vigorous completion of the work—’
He it therefore enaeted by the Senate and l/ouxc of Representatives of the State of
Georgia, in (reneral Assembly met, anti it is hereby enaeted by the authority of the
same y ! hat there shall be railroads constructed on the route surveyed and located
under the provisions of the act hereinbefore referred to, to the northwestern boundary
ot this State, or to the I ennessec river, if the right of way can he procured on terms
that tuav be deemed reasonable by the Governor of this State, and the Commission
ers hereinafter named.
. And be it further enacted. That for the general superintcndance of said work, there
shall be elected by the present session of the Legislature three persons to act as Com
missioners, (one of whom shall be the President of the Board,) whose duty it shall be
with the advice ot the Engineer in Chief, to procure such officers and agents, and
adopt such system, rules nnd regulations, as may be deemed best conducive to insure
the immediate, vigorous and successful prosecution of such work, and tend to econo
mical expenditure and the establishment of a strict accountability of the officers and
agents employed, which rules and regulations shall be published for the information
of all concerned.
And be it further enaeted. That the said Commissioners shall have the same pow
er and authority in procuring the right of way as the superintendent and engineer
had under said act.
And be it further enacted, That it shall be the duty of the President of said Board
to make quarterly returns to the Governor of this State, of the disbursements of the
current quarter, accompanied by the necessary vouchers, the amount of work finish
ed during the same period, and un accurate statement of the condition and progress of
the road, which returns shall be published for the information of the people.
And be it farther enaeted, That the said Western and Atlantic Railroad shall con
tinue from the southeastern bank of the Chattahoochee river, to some point not ex
ceeding eight miles, as shall be most eligible for the running of branch roads thence to
Athens, Madison, Milledgeville, Forsyth and Columbus, nnd that the same shall be
surveyed, and located by the Enginecr-in-Chief, upon ground most suitable to answer
the purposes herein expressed.
And be it further enacted, That for the purpose of procuring the necessary funds,
for the accomplishment of said work, the said Commissioners shall, conjointly with
the Governor of this State, from time to time, and in such sums us to them may seem
most expedient, sell or dispose of slock, to be created on die credit of the State, bear
ing an interest of not more than six per centum per annum, scrip for which stock
shall be issued, and sinned by the Governor and the President for the time being of
said Board of Commissioners, nnd the said stock shall not be redeemable in less time
than thirty y *ars after it is issued, and the interest thereon shall be paid from the inte
rest on the discounted paper held by the Central Bank of this State : Provided, That
nothing shall be herein so construed to authorize the Commissioners and Governor
aforesaid to pledge the credit of the State for an amount not more than five hundred
thousand dollars during anv one year.
yfnd be it further enacted*, That the three Commissioners of, who shall be elected
during the present session of the Legislature, shall hold their office for one year, and
the election for such Board of Commissioners shall be held annually, and shall be
subject to removal by the Governor for neglect of duty, and their vacancy shall be
filled by the Governor until the ensuing session of the Legislature; nnd shall, before
entering upon their office, take and subscribe un oath faithfully to discharge the du
ties thereof.
And be it further enacted. That the Secretary of State be authorized and directed
to affix the seal of this State to scrip or certificates of debt of this State, issued by the
provisions of this act.
be it further enacted. That all laws or parts of laws militating ngainst this
act, and especially fto much of the act of December 21st, 1838, as relates to the ap
pointment and duties of a Superintendent, be and the some are hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 23d December, 1887.
GEORGE R. GILMER, Governor.
January 31), 1 o —lt
AN ACT to amend an Act passed the 22d December, 1828, entitled an Act to
amend t’ne twelfth section of the ninth division of the penal code of thia State,
and to provide for the payment of cost in certain cases.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of
Georgia, in General Assembly met, and it is hereby enacted by the authority of tlie.
same. That when it may become necessary for the Justices of the Inferior Courts of
this State to cause n Jury to be drawn, summoned, and enipannelled, to try causes of
nuisance arising from water, machinery, mill-dams, or otherwise, that the clerk, she
riff*. witnesses, nnd jurors, be allowed such fees in said cases, as are allowed by law
in the Inferior Courts of this State.
Sec. 2d. Andbe it further erirtrd , When any Sheriff other officer acting utidef
the order of said Court, shall remove any nuisance, machinery, or mill-daxn, he shall
be allowed such fees as the Court inay deem reasonable and just.
Sec. 3d. And he it further enacted by the authority aforesaid. That nil laws and
parts of laws militating against this law, be and the same are hereby repealed.
JOSEPH DAY.
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 25th December, 1837.
GEORGE R. GILMER, Governor.
January 39,1838. 2—lt
AN ACT to impose, levy nnd collect a tax for the political year one thousand
cijrht hundred and thirty-right, on property real and personal, nnd to inflict pe
nalties for refusing or neglecting to comply with the provisions thereof; and to point
out the disposition to be made of said tax.
Be it enacted by the Senate and I louse of Representatives oj the State of Geor
gia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the act passed on the twenty-fourth day of December, 183.3, for imposing, levy
ing and collecting a tax for the political year 1834 ; together with all nets and parts
of acts which said act revived and continued in force, shall be, and they are hereby,
revived and continued in force as the tax act for the political year eighteen hundred
and thirty eight, except the third and fifth sections thereof.
And be it further enacted. That the whole of the tax to be levied and collected un
der the authority of this act shall be paid over by the tax collectors to the Inferior
Courts of the respective counties, for county purposes. And it is hereby declared to
be the duty of the Justices of the Peace in each Captain’s district in this State, to
to make returns to the receiver of the tax returns of all persons liable to pay taxes in
their respective districts, on or before the first day of May next, and in each and every
year thereafter, any use or usage to the contrary notwithstanding.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, December 25,1337.
GEORGE R. CILMER, Governor.
January 30, 1838. 2—lt
A N ACT to punish white persons for gambling with negroes.
J* Sec. 1. Be it enacted by the Senate and. House of Representatives of the State
of Georgia, in General Asoembty met, ami it. is hereby enacted by the authority of the
same, That from and after the passage of this act, if anv white person or persons
are nc £ ,oes » or playing or betting at any game with
parpose of betting upon ginning or losing money, or any other thing or
Mmgs, article or articles of value, or*any property or anv other article or articles
•lung or things of value, may be indicted,’an'd on conviction thereof, shall be imprison,
edjrt hard labor in the Penitentiary, for any time not less than one, nor longer than
three years.
Sec. 2. And be it further enacted by the authority aforesaid, That all laws and
parts of laws militating against this act, are hereby repealed.
JOSEPH DAY,
Speaker of tho House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 26th December, 1337.
GEORGE R. GILMER, Governor.
January 30/1338. 2—lt
AN ACT to regulate the admission of oral evidence in reference to written instru
ments in certain cases.
Whereas it is now the practice in some of the Circuits of this State, to admit oral
evidence to prove that deeds and bills of sales absolute upon their face were intend
ed as mortgages or securities for the payment of money or other thing, only without
any charge of fraud in obtaining them : And whereas, such practice may lead to seri
ous injuries to the rights of the good people of this State over their property, and
may present strong inducements to the commission of frauds and perjuries—for re
medy whereof,
Sec. 1. Be it enacted, by the Senate and House of Representatives of the State of
Georgia, in General Assembly met, and. it is hereby enacted by the authority of the
same, That from nnd immediately after the passing of this act, oral evidence shall not
be received in any Courts in this State, to show that a deed or bill of sale absolute
upon its face made after the passing of this act, was intended as a mortgage or securi
ty for the payment of money or any other thing, unless there is a charge of fraud in
obtaining the same, in which casejoral evidence going toshow tho fraud onlv, may be
received—anv law, usage, custom or practice to the contrary notwithstanding.
And. be it further enacted, That all laws or parts of laws militating against this
act, be and the seme arc hereby repealed.
JOSEPH DAY,
Speaker <»f lhe House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented tn, 25th December, 1337.
GEORGE R. GILMER, Governor.
Jwjuary3o3B3B. 2—lt
A N ACT to «*>:tend to the several counties in this State tho provisions of an act cn
** titled “ An Act to give masons and carpenters nnencumbrance for debts due on
account of work done and materials furnished in building or repairing houses, on such
house-, and the premises to wlihdi they may be attached ; and to repeal all lawa on
this subject, so far ns relates to the. counties of Richmond and Mclntosh, and in the
cities of Savannah, Macon, and Columbus,” passed on the 22d December, 1831.
Sec. Ist. Be it enacted by the Senate and House of Representatives of the State of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That all tho provisions'of an Act entitled “An Act to give masonsand carpen
u rs an encumbrance for debts duo on account of work done and materials furnished
in building or repairing liouhcr ; on such houses and the premises to which they may
be attached; anti to repeal all laws on this subject so far as relates to the counties of
Richmond and Mclntoah, and in the cities of Savannah, Macon and Columbus,” pass
ed on the 22d December, 18*31, be, and the same arc hereby extended to all the coun
ties <>f this State, and that all laws militating against this act, bo, and they arc hereby
repealed. JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 25th December, 1837.
GEORGE R. GILMER, Governor.
J ii nunry 30,1838. 2—ll
A N ACT to nlb-r and amend the third section of an Act, entitled An Act to nntho
rizetho adjournment of tlm Superior mid Inferior Courts nnd Courts of Ordina
ry, in c. rtain cases,by the officers therein named, passed DeccinberOth, 1823.
See. I. Be it enacted by the Smatc and Htntsc of Representatives of the State of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and aU- r the passage of this act, none of the Superior < ’ourts of this
Stnfe mIjuII hr luijoiiincd ond -r lhe above recited act for any oilier cause than that of
sic kne-sof the pre idio / .lodge or of hi'< family, or other providential cause, which
shall be expressed in the order of adjournment.
2<l. And. be it further enacted, \c. That all laws and parts of laws militating
against this act, be, and the same are hereby repealed.
JOSEPH DAY,
Speaker of the House of R' prcsontativcs.
ROBERT M. ECHOLS,
President of the Senate.
Asscnled to, 25ih December, 1837.
GEORGE R. GILMER, Governor.
January 30, 1838. ~ H
Gi:OKGIA- TUIISJDAY JAAUAKY 30, IS3JS.
Our Conscience—‘Oitr Country*—‘Our
AN ACT to inuko penal the lining of slaves their time without n written or verbal
authority from the owner, or persons having the right to control such slaves
See. Ist. lie it enacted hy the Senate end House of Reprexentativcs of the Slate of
(a orpia.ni (ceiu ral Astembly met, and it i.i hereby eiuicted by the authority of the
Mine, That from ami alter the first day of March next, if anv person shall hire from
any slave or slaves Ins time, without a verbal or written authority from his owner or
nelsons having the right to control such slave or slaves, such persons so hiring shall
be guilty of n misdemeanor, ami upon conviction thereof shall bo fined in a sum of
not exceeding five hundred dollars, any law or usage to the contrary notwithstand
‘“g- , JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
, . . . „ , , 1* esident of the Senate.
Assented to, 23d December, 1837.
i on icon GEORGE R. GILMER, Governor.
January 30.1838. o
A N ACT to authorize limited Partnerships.
ZY, See. 1. Heit enaeted, by the Senate and House of Representatives of the State
yl (.eorpia in (.encrat Assembly me', and it. is hereby enacted by the authority of
the same 1 hat united partnerships, for the transaction of any mercantile, commcr
cial, mechanical, manufacturing, minig, or agricultural business, within this State
may be formed by two or more persons, upon the terms, with the rights and powc.«’
and subject to the conditions nnd liabilities herein prescribed; but the provisions of
this act shall not be construed to authorize any such partnership for the purpose of
banking or making assurance. 1
Sec. 1. And be it further enacted, That such partnerships may consist of one or
more persons, who shall be called general partners, and who shall be jointly and seve
rally responsible as general partners, and ofoneormore persons who shall contribute
in actual cash, a specific sum, as capital to the common stock, who shall be called
special partners, and who shall not be liable for debts of the partnership bevond the
fund so contributed by him or them to theca, : il. except as hereinafter provided.
Sec. 3. And be it further enacted, That t£; general partners onlv shall be author
ized to transact business, and to sien for the partnership, and to bind the same.
Sec. 4. be it further enacted, That desirous of forming such partner
ship, shall make and severally sign, by themselves or attorney, in fact, a certificate
which shall contain— • ’
1 st. The name of the firm under which such partnership is to be conducted •
2d. The general nature of the business intended to be transacted;
3d. The names of all the general and special partners inserted therein, distinguish
ing which are general, and which are special partners, and their respective place of res
idence ;
4th. The amount of capital which each special partner shall have contributed to the
common stock;
sth. The period at which the partnership is to commence, and the period at which
it shall terminate ; and when made by such attorney in fact, the power of attorney
duly authenticated, shall be recorded along such certificate. 7 ’
Sec. 5. And be it further enacted, That this certificate shall be acknowledged bv
the several persons signing the same, or their attorney in fact, before a judge of the
Superior or Inferior Court, or a justice of the peace, or notary public,’and such ac
knowledgement shall be certified by the officer before whom the same is made
Sec. 6th. And be it further enacted, That the certificate and power of attorney in
fact, so acknowledged and certified, shall be filed in the office of the clerk of the Supe
rior Court of the county in which the principal place of business of the partnership
shall be situated, and shall also be recorded by him at large, in a book to be kept for
that purpose, open to public inspection. Jf the partnership shall have places of busi
ness situated in different counties, a transcript of the certificate, and power of attor
ney in fact, and of the acknowledgement thereof, dulv certified by the clerk in whose
office it shall be filed, under his official seal, shall be filed and recorded, in like man
ner, in the office of the Clerk of the Superior Court, in everv such county • and the
clerk, for each and every registry required by this act, shall 'be entitled to’the sum of
Uve dollars.
Sec. 7 And be it further enacted That at the time of filing the original certificate,
i • eV r l CC °^ l i ac k now ledgement thereof, ns before directed, an affidavit or
afnda\ its of the several general partners, shall also be filed in the same office, stating
that the sums specified in the certificate to have been contributed bv each of the spe
cial partners to the common stock, have been actually and in good faith paid in cash ;
and a certified copy of such certificate, power of attorney, and affidavits, shall be evi
dence in all courts and maces whatever.
Sec. 8. And be it further enacted, That no such partnership shall be deemed to have
been formed, until such certificate as it is herein mentioned shall have been made, ac
knowledged, filed and recorded, nor until an affidavit shall have been filed as above
directed. And if any false statement be made in such certificate or affidavit, or is
P artncrs “ , J > business be commenced before such certificate or affidavit is fded,
all the persons interested in such partnership shall be liable for all the engagements
thereof, as general partners.
Sec. 9. And be it further enacted, That the partners shall publish the terms ofthe part
nership when registered, for at least six weeks immediately after such registry, in oue
newspaper in the county in which the place of business is situated, and one newpaper
in mthc city of Milledgeville. If no newspaper should be published in the county in
which the business is to betransactcd,the notice shall be published in all the newspapers
in the city of Milledgeville, as before required ; and if such publication lie not made
'V I, 1 ? tw .° nion^ 19 from the time of filing such certificate ana affidavit, tho partnership
shall be deemed general.
Sec. 10. And be it further enacted, That the affidavits of the publication of such
notice, by the printers, publishers, or editors of tho newspapers, in which the same
shall be published, maybe filed in the office of the clerk of the Superior Court in
which the certificate has been filed, and shall bo evidence of the facts therein con
tained.
Sec. 11. And be it further enacted, That every renewal or continuance of such
partnerships, beyond the time originally fixed for its duration, shall be certified, ac
knowledgedged and recorded, and an affidavit of e general partner be made and filed,
and notice be given in the manner herein required for its original formation; and every
such partnership which shall be otherwise renewed, shall be deemed a general part
nership. * t
Sec. 12. And be it further enacted. every alteration which shall be made in
the names of the partners, in the nature of th* business, or in the capital or shares
thereof, or in any other matter specified in thtMl.friginal certificate, shall be deemed a
dissolution of the partnership; and every such partnership, which shall in any'.Ai
ner be carried on after any such alteration shall have been made, shall be deemed a
general partnership, unless renewed as a special partnership, according to the pro
visions of the last section.
Sec. ]3. J wrf be it further enacted, That the ■business of the partnership shall be
conducted under a firm, in which the names of the general partners only shall be in
serted, without the addition of the word “company,” or anv other general term; and
if the name of any special partner shall be used in such firm, he shall be deemed a
general partner.
Sec. 14. And be it further enacted. That suits to be brought 'by anv partnership to
be formed under this act, shall he iu name eevames of the general partners only ;
and suits against such partnership shall be brought against the general partners only,
except in cases where the special shall be rendered liable as gensral partners, in
which cases suits may be brought against all the partners, jointly or severally, or any
one or more of the special partners may be sued in the same action with the general
partners.
Sec. 15. And be it further enacted, That no part of the sum which any special
partner shall have contributed to the capital stock, shall be withdrawn by him, or
paid or transferred to him in the shape of dividends, profits or otherwise, at any time
during the continuance of the partnership; but any party may annually receive law
ful interest on the sum so contributed by him, if the payment of such interest shall not
reduce the original amount of such capital; and if, after the payment of such interest,
any profits shall remain to be divided, he may also receive his portion of such profits,
but shall not be liable for any debts previously contracted by the general partners.
bee. 16. And be it further enacted, That if it shall appear, that by the payment of
interest or profits to any special partner, the original capital has been reduced, or the
firm shall be unable to pay itr debts, the partner receiving the same shall be bound
to restore the interest or profits received by him necessary to make good his original
share of the original stock.
Sec. 17. And be it further enacted, That a special partner may at any time exam
ine into the state and progress of the partnership concerns, and may advise as to their
management; but he shall not trespass any business on account of the partnership, nor
be employed, for that purpose as ngent, or otherwise. If he shall interfere, contrary to
these provisions, he shall do deemed a general partner; but he may act as the attorney
or counsellor at law, or in equity,for the partnership, without being liable to become
a general partner.
Sec. 18. And be it further enacted That the general partners shall be liable to ac
count to each other, and to the special partners, for the management of the business
of the firm, both in law and equity as other partners now are, in law and equity.
Sec. 19. And be it further enacted, That every partner who shall be guilty of any
fraud in the affairs or business of the partnership, shall be liable civily to the party
injured, to the extent of his damage; and shall also be liable to an indictment for a
misdemeanor, punishable by fine or imprisonment, or both, at the discretion of the
Superior Court, by which he shall be tried.
Sec. 20. And be it further enacted, That every sale, assignment, or transfer of anv
of the property or effects of such partnership, made by such partnership when insol
vent or in contemplation of insolvency, orafter, or in contemplation of. tlie insolvency
of any partner, with the intent of giving a preference to any creditor of such partner
ship, or insolvent partner over other creditors, of such partnership; and every judg
ment confessed, lien created, or security given, by such partnership, underthe like
circumstances, and with the like intent, shall be void, as against the creditors of such
partnership.
Sec. 2|. And be it further enacted, That every such sale, assignment, or transfer
of any of the property or effects of a general or special partner, who may have be
come liable as a general partner, made by such general or special partner, when in
solvent, or in contemplation of insolvency, orafter, or in contemplation of the insol
vency of the partnership, with the intent of giving toany creditor of his own, or of the
partnership, a preference over creditors of the partnerehip, every judgment confessed,
hen created, or security given, by any such natner, under the like circumstances, and
with like intent, shall be void, as ngainst the creditors of the partnership.
bee. 22. And be it further enacted, That any special partner, who shall violate
any provision of the two b.st preceding sections, or who snail concur in, or assent to,
any such violation by the partnership, or by any individual partner, shall be liable as
a general partner.
Sec. 23. And be it further enacted, That in case of the insolvency or bankruptcy
of the partnership, no spnciel partner shall, under any circumstance, be allowed to
claim, as a creditor, until the claims of all the other creditors of the partnership shall
be satisfied.
Sec. 24. And be it further enacted, That no dissolution of such partnership, by the
acts of the parties, shall take place previous to the time specified m the certificate of
its renewal, until a notice of such intended dissolution shall have been filed and re
corded in the Clerks office in which the original certificate was recorded, and published
at least once a week for four weeks, in a newspaper printed in each of the counties
where the partnership has places ot business; but if no newspaper be printed in such
counties, then the notice shall be published for four weeks in all the newspapers in
the city of Milledgeville, which notice shall be signed by all the partners, or their rep
resentatives: Provided, that nothing herein contained shall be so construed as to ef
fect the collection of any demand against either of the special partners, which may
have been contracted previously to the commencement of each special partnership.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECIIOLS,
, . _ . • • President of the Senate.
Assented to, 22d December, 1837.
T „ GEORGE R. GILMER, Governor.
January 30,1838 o_i t
A N AC r, to<®|> vide for taking oi the Census of the State of Georgia, in pursu
_/» ance of of the twenty-fifth section of the first article ofthe
constitution of the State of Georgia.
Sec. 1. 17 enacted by the Senate, and. House of Representatives of the State of
Georgia m General Assembly met, and it is hereby enacted by the authority of the.
same, 1 hat it shall be the duty of the justices of the Inferior Courts fur the several
counties of this State, or any three of them, in each county respectively, within ninety
days from and after the passing of this act, to appoint one or more persons in each
countv, not cxcecduig one to each Battallion District in each county, whose duty it
shall he to take a full and accurate census or enumeration of all free white persons,
and of color residing therein on the first day of April, one thousand eight hundred and
thirty-eight.
See. 2. And be it further enacted, That it shall be the duty of the persons so ap
pointed ns aforesaid, to keep a book in which shall l>e recorded tho names of each
head of a family, together w ith the number of persons returned bv each head of fam
ily, as belonging to his or her family, distinguishing therein in separate columns, the
free white persons from those of colour, the slaves from citizens, all deaf and dumb
and lunatics, in a separate colnmn,all white male children between the age of six and
sixteen years of age, in a separate, column, nnd nil female white children between the
age of six nnd fifteen, in a separate column ;nnd it shall be their duty to return the same
to the clerk of the Superior Court of their respective counties certified under their
hands and seals; on, or before the first day of October, one thousand eight hundred
and thirty-eight. °
Sec. 3. And be it further enacted by lhe authority aforesaid, That it shall be tho
duty ofthe justices of the Inferior Court of the several counties of this State, or anv
one of them before issuing an order to any persons, to take the census of their respect
ive counties, to administer to such person or persons, the following oath to wit : I. \.
B. do solemnly swear (oraffiirn us the case may be) that I will, tolho best of mv abil
ity, do and perform all the duties required of me by law, as taker of the census for the
county of and faithfully and duly execute the trust confided to me —«o
help me God. ’
Sec. y. Audbe.it further enacted by the authority of the snme, That it shnll be the
duty of the clerks ofthe Superior Courts ofthe several counties of this Stale, on or
befor.’ the first day of November eighteen hundred and thirty-eight, to transmit to his
Excellency the Governor the returns to them made hy tin* takers of the census for
their ( (mnlies respectively under their hands and seals, to be by him laid before the
General Assembly of th * State of Georgia, nt its next session.
Sec. 5. And be it further enacted by the anthority of the sam", That in en e e the
Justices of tin* Inferior Court ofthe several counties, or any of them of this State
shall on any account fail to make the appointin'nt of a person or persons to take th**
••(•ihiis or enumeration of the county, within ninety days from and uffcr the pu‘4«n”’o
of Illi‘S act, then th Jinticc of the Fence presiding ov. i the district in whit h the rmirt
hoiise is Hituntcd, together with vny two or more of tlie Justices of th** Fence of s*iid
county, sh ill have and exercise like powt-rs resiiccting the tnkiii” the census of such
counit, as arc hen in giv< nto i<» the justices ol die Inferior < ’oiir».
Sec. 6. And be it. further euncle Iby the authority of the s i.n-’,'Vh aif (ho ce
siis or oniiincrntimi ofnny < (unit v, shall imt h • t ikcii and r lurn d according to the
provisions of this act, then and in that event, su::h county shall In entitled to but one
Representative in the Legislature, until tho census ot such county shall have been
taken and rnturned in conformity to the constitution of this State.
See. 7. Be it further enacted by the authority aforesaid, I’hat all persons ap
pointed to take the census of any county of this State, under the provisions of this
act, arc hereby authorized and required to administer to all heads as families or oth
ers before receiving his return of censur, or member of his family, the following
oath, viz: z» a
I. A. B. do solmnly swear (or affirm as the case, may befthat I will give in as mem
bers of my family, only such as belong to mv family either present or absent in the
character of wife, children, slaves, and boarders, and free persons of colour, ou the
first day of April, one thousand eight hundred and thirtv-ei ,r ht.
Sec. 8. And be it further enacted, That each peson appointed to take the census
underthe provisions of this act, shall receive us compensation, the sum of twenty
five cents for each family taken in by him.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
, , _ , , President of the Senate.
Assented to, 93d December, 1037.
T _ GEORGE R. GILMER, Governor.
January 30, o 3t.
Poetry.
STANZAS.
Sing on—sing on—young, sinless heart!
When morn first gilds the sky,
Thepierry birds from slumber start,
And warble as they fly.
Jfly’s flutt'riug wing will glance as bright
In dawning Hope’s delusive light,
As in the perfect day:
Then let the weary love the night!
’Twas made for such as they.
Laugh on—laugh on—gay, thoughtless one!
For it is summer, now;
Whyshouklst thou weep, when fortune’s sun
Is shining on thy brow?
Yon gauzy cloud, that floats on high,
May hide a tempest, lurking nigh;
Laugh, then, while laugh you may!
Leave care and grief to watch and sigh:
Why mourn with such as they?
Sleep on—sleep on—fond, trusting fair!
Love should tio vigils keep;
Thou dream’st of bliss: too soon, despair
May wake thee—but to weep.
The summer-breeze, that kiss’d the rose
And drank its breath, now idly goes
To wanton with the vine:
Sleep on! thy guardian-spirit knows
If such a fate be thine!
Press on—press on—ambition’s son!
The goal is yet towin;
Heaven grant, the course which thou wilt run,
Lead not to shame and sin;
Fond heart: are crush’d and left to pine—
The ransom of a soul like thine,
Their price could never pay:
But, onward to tha glitt’ringshrine!
Why pause forsuch ns they?
Miscellaneous.
[From the New York Mirror.]
WITHOUT A RIVAL.
[by THEODORE 3. FAY.]
“There was never any thing so beautiful from the alette of a mere
mortal!” exclaimed oldßerto Linaiulo.
• “T, 1 ," 5 b °y has signed a contract with the father of mischief,
for by ho ei.ier jn«qips that I know could this be effected!” added
Antonello.
“What delicacy—what brilliancy—what harmonyUAca?jDaai|j!”
observed Donato. ‘
“I really am perplexed and confounded,” rejoined Berto. “1 be
gin to believe there is magic in it-”
“All the master spirits of Floroace,” remarked a fair lady of high
rank, who, among the rest, had come to gaze upon the painting—“all
the master spirits in Florence may hide their heads now.”
“Your art, signors,” added her companion to the surrounding ar
tists, “can produce nothing like that.”
“Did you say a boy, Giulietta?” demanded the lady.
“Ay, madam, and with a shape as seemly as my own; and that is
something, I ween.”
“So young and handsome?”
“His face is as fair and unsullied as any on his own canvass—as
fair—l had almost said as yours, madam.”
“Nay, then, if lie be so, it were worth a coronet to see him.”
“And have you never, is it possible, beheld him?”
“Never, how should I; he has been away—abroad; he is just re
turned to Italy.”
“Ay, madam; but before he went, and since his return he has, I
am almost afraid to say, often crossed your path.”
“Mine, Giulietta! what do you mean?”
“Alas’ madam, this young painter loves you—has long loved you
with a kind of adoration which belongs only to enthusiasm, refine
ment, intellect and genius.”
“How you run on! You are a child, Giulietta—you jest.”
“No, madam.”
“And if you do not, what care I. This young man is audacious
if he presume to think of me before I have interchanged a word with
him—before I know his character or listen to his voice.”
“Ah! but, madam, you have listened to his voice. It was be who
sung beneath your window last year, and who saved you in the path
by the river from the ruffian Bandenelli. Desparing of your favour
—for genius is ever modest—he withdrew from Florence and went
abroad to foreign lands—beyond the Alps—l scarce know where.
There his genius for painting drew all eyes, and he has carried his
art so far,that no noble is richer and no painter more renowned. He
has justreturned. This is his first work here. The critics are all
in raptures, and his brother artistsare dying of envy.”
“ WeH, I hope he has long ago forgotten me,” said the lady, with
a passing blush. “I remember the boy you speak of—a mere
child; noble and prince-like, certainly, but a silly boy. I never
supposed he had been bold enough to think of me ; travel has doubt
less cured him. Ii was an idle dream.”
“ Ah, no, madam, Signor Dominica loves you yet; he sought me
yesterday, and, to say the truth, induced me to persuade you here,
that he might learn your opinion of his production.”
“ It is most beautiful, it is heavenly ; but where found be a face
so lovely—not on earth, surely.”
“It is your portrait, madam, from memory, and be has really
succeeded in-—”
“ Hush, Giuletta, your tongue has no bounds.”
“ Look, madam, he has entered the hall at this moment.”
“Let us go, Giulietta, instantly.”
“ It is too late.”
“He bows to you, Giulietta, and with tho prettiest blush. Yes,
it is the stranger who has so mysteriously hovered near me—gained
an interest in my heart, and then abandoned me.”
“ How, madam ?”
“ What have I said ? Ah ! Giu'ietta, you have betrayed me ;
you have made me betray myself. He is coming this way, too.”
“ Yes, he approaches—he retreats—he will retire —you may ne
ver see him again.”
“ Well, let him come, 1 will speak to him.”
At a sign from the maiden, the young man approached, with a
deep obeisance and a color that rose perceptibly at the unwonted ho
nor of being thus publicly presented to the haughtiest and most
beautiful of the Florentine nobility.
“ Y r oung painter,” said the lady, resuming her self-possession, and
with a grace and sweetness that dazzled the eyes and the heart of
that fervid worshipper of beauty, “ your production, which attracts
the attention of all Florence, has not esoaped mine. It has afford
ed me unminglcd pleasure.”
“ I am too much honored,’’ replied the artist in a low voice,
“ when such eyes deign to dwell even for a moment upon tho hum
ble work of these hands.”
“ No,” said the lady, raising her dark, soft eyes modestly to his,
and then lowering them beneath his ardent gaze : “ you are wrong ;
genius like yours is humble only to itself. It sighs over what to all
other mindsis perfection ; and even when it most triumphs, uncon
scious of its power, it most despairs.”
“Speak again!” said the youth. “ Years of toil, of desponden
cy, of solitude and hopeless gloom, are repaid by the sound of your
voice. O, speak again.”
“ Yoa may claim from us of the present day, what will be certain
ly paid you by posterity—the meed of praise. Report speaks of
your having travelled.”
“ I am but just returned from Flanders—”
“ Where you have been studying the delightful art in which you
so far excel all your contemporaries?”
“ Did you mark that ?” said Castagna, a Florentine artist, in an
under tone to his companion.
“ Silence !” said the other, “ let us hear the rest.”
“ My time was devoted to study and one other occupation.”
P. L. ROBINSON, PROPKIETOB.
“What was it?” “Grief for the absence, of. ®ne I loved.”. W
“Isit in the north that you hare learned this matchless skill of \
the pencil?” "
“lam the possessor of a secret.” - ]
“ A secret I’* , ~ >
“ Aye, by which, more than by any slcill of my oWn,'l prodnee f*
on the canvass the effects which please you.” H \
“By such a frank acknowledgement, you make us feel that you
have something better than a skilful hand—a generous heart. Yoti \
are every way fortunate. We have on this side of the Alps nothing
so. beautiful. In what way can I express my gratitude for the plea
sure you have caused me in matter mote substantial than words?”
You embolden me to give utterance to a wish which has long W
dwelt in my breast.” %
“ Speak it. I know you would ask nothing which I may not T
grant before you name it.”
‘1 onder face,’ said the painter, in a lower tone,‘is the copy of
one borne only in my memory, and till I approach tl e original, I XX
deemed it not wholly unworthy. But now—l am in despair—my., fQ
pencil is uninspired until 1 attain the triumph of my art by copying
it anew from nature. lam a claimant for the honour of painting
your portrait.’
A slight colour grew deeper at this request, and their eyes met. (
The lady opened her lipt> to utter a negative to a request coujhsd in X '
such bold language, but as she encountered the glance of this young
aspirant after immortality, she changed her mind, as women some
times will and, said—
‘Signor Dominica; I consent, you may take my portrait. Addio,"
signor.’
The artist bowed.
‘At four to-morrow, at the palazza D .* *
‘Madam, I shall be punctual.’
And they parted.
Dominica had received from nature the gift of genius. The sama,
partial providence which had invested him with inspiration, had her
stowed upon him tho form of Narcissus and the heart of Leander.
It sometimes happens that such beings appear among men recalling
the golden days when the gods walked through the woods and min-,
gled among the shepherds. The lady of his drcams was like himv
self, of half celestial mind and form. To his enthusiastic soul, this,
young creature had presented herself as the star of evening. He'
watched and worshipped it as something not of the earth—above his
reach—a light created to illnmindwher and distant spheres—thrice
happy he if, like a sad wanderer o’er the deep, he might sometime*;
behold it, and utter to its kindling beams his unrequited, his unheard
prayers. What was his wild emotion when certain tokens awoke in
his bosom a hope, a dream, an instinct indefinable as the light which
first heralds the morn, but more intoxicating than the breath which
rises from the vallies and plains, when the grass, trees and flowers
are moistened with evening dew. He had cherished only two burn
ing hopes—the one was fame, the other love. The first he had ac
quired. Europe began to murmer his name with applause, and it was
already recorded where future generations might read; and now, as if
fortune in a laughing mood had resolved to fill his goblet to the very
brim—the wildest and most delicious vision of his fancy was about
to be realized. He wasgoing to stand before that young seraph,
whose eyes had already said more than his tongue dared to utter,}
more than his heart dared to dream. He muttured to himself in a
kind of blissful phrensy—
‘To-morrow—to-morrow—at length to-morrow—roll on leaden
hours—oh, when will it be to-morrow?’
‘A secret!” cried the knot of artists, gathered together in conclave
in the grand square by the old tower.
‘I knew as much’.’ said Berto.
‘I could have sworn it!’ cried Antonello.
‘To be sure!’ exclaimed a third—‘l always said it was a secret’.’ P
‘The lucky dog! I, too, will visit Flanders!’ cried Berto. ‘I am'
only five-and-eigbty—quite a boy!’
‘And Itow my haughty mistress, who queensit so before the rest of
us, how she softened in his favour!’
‘He is a tarejfellow, and rolls ingold.’
‘She will marry him if he wishes—she is young, and untamed—
ys’d'her own mistress, withal.’
‘I to Flanders tool’
It was night, and a very bright moon slowly ascending in the
ven, rendered everything as visible, only in more softened
as in the day. The young lover had w andered forth in a
path by the river, which wound for nearly its whole course
thick groves. He was not, however, long allowed to be alene. Cas
tagna, the friend and guide of his infant years, joined him, and they J
walked together a long time, and conversed earnestly. At length'
Castagna said—
‘Dominica, you know I have evei cherished for you an affection'
all paternal. I have watched aver your interests with fidelity and'
vigilance. I have been your best friend.’
‘And so I esteem you, dear Castagna.” ,
‘But what is fr iendship, Dominica? Itis mutual confidence. It is
an interchange of each other’s thoughts and sympathies. If you have
troubles, you communicate them. If you have pleasures, you divide
them. Ah! I have a soul for friendship. Too well I know what it
is! Too long I have sighed for a true and real return’.’
‘Am I not your friend, Castagna?’
‘No!—oh, no!’
‘No—-how—you jest!’
‘You hold a secret from me, Dominica. Between friends there
are no secrets.’
‘But, Castagna, this is a part of my profession. To ask it of me .
is to ask my fame. You are yourself so good an artist, that you
stand at the head of the art in Florence.’
‘Not now—not since you have returned.’
‘But I freely confess to all that, not skill alone, But a remarkable
mechanical discovery only, places me in the emifl|nce which—how
—you weep, Castagna-—’
‘Did I?—why I believe there was a drop—l felt it rise to my lids.
I did not know that it had left mv lashes. I am old, and tender-heart
ed—-and sometimes I think that I am almost falling into my dotage.
Yes, Dominica, 1 did shed a tear—not from disappointment at los
ing the secret—oh, no!—but at the fading away of a vision—a rain
bow of the heart—a bright, deceitful, false— ’
‘My dear and good Castagna, what is it you would xay?’
‘Your friendship, my beloved and once-trusted Domincia, I thought
it mine. I pleased myself with the idea that you loved me. Except
yourself, there was no one on earth to whom my heart clung secretly.
I have seen you a boy at my feet. I have watched your course to
manhood with a father’s solicitude and delight. I have not always,
perhaps, sufficiently discovered my feelings—but—’ <
‘Yes, my dear Castagna, I know you have always loved me. I'ou
once saved my life at the risk of your own ’
‘I did. I was determined not to remember that incident first'
‘Moreover, when I was in want,you furnished me with gold.*
‘That, too, 1 feared you had forgotten.”
‘And, Castagna—perhaps—indeed, I feel convinced that I have.-'
not been right in con -.ealing from you my inmost thought and know
ledge. Yet, in relating to you tire secret which you desire, I am
about to make a great sacrifice. You are now the first Florentine ’
artist, after myself. Possessed of this secret, you will be the first? 1
Yet, on condition that you never reveal it, it shall be disclosed to you.’
‘I solemnly swear it, dearest Dominica.’
‘Know, then, that at Burges I met a learned rftaß; who taught me
to despise water-colours, and to paint- ’
‘Well!’
'ln Oil!'
‘ln Oil?—I see. And you have told this to no onel' .
‘Not one human being this side the Alps has the slightest concep
of it but we two. This paper contains the details. It will teach /
you all you desire. Now, have I not tested my friendship, Castagna?
Have I not earned your confidence?’
‘Nobly, Dominica—most nobly—embrace me—and my thanks
be— this—and this-—and this!'
The moonbeams glanced from a glittering blade; its keen point,
at each thrust, pierced deep to the heart. • • • •
There was a heavy splash in the river—the clopd sailed silently
from before the moon—the breeze gently waved tire tree-tops—Cas
tagna stood alone.
‘At length!’ cried he—‘at length, then, I am the first in Florence.'
I am without a rival.'
This incident, which marked the introduction of oil-painting into
Italy, is related on the authority oi Lanzi.
ENFORCED MARRIAGE AND HAPPY RELEASE.
Sir Walter Scott used to relate the following curious anecdote:—
“‘My cousin Watty,” said he, ‘was a midshipman some'forty years
ago in a ship at Portsmouth; he and two other companions had gone
on shore, antfhad overstaid their leave, spent all their money,-and
run up an !nirn<*m»idyll at a tavern on the point. The ship mado ,
the signal for sailing; liTTHlicir landlady said, “No, gentlemen, you
shall notescape without paying yourrecl?!X*mg;” and she accompa
nied her words by appropriate actions, and feared therff under the
tender keeping of a sufficient party of bailiffs. . They felt that they
were in a scrape, and petitioned very hard to V—.“No,,
no,” said Mrs. Quicklv, “1 must be satisfied sorrt?" G o, inty J
vou must be well aware, gentlemen, that you wilPLpiieelrunmunly 1
WHOL'B AO.