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COLUMBUS, GEORGIA. ~
FRIDAY MORNING, FEB. 9, 1555.
French Spoliation Hill.
The late net of the House of Reprcsehtat ye3 of the Uni
ted States in passing the hill known Its the French Spolia
tion Bill has given almost universal satisfaction, as we may
judge from the very'genoial eoncuner.ce of the Dress in the
justice and propriety of the measure, in which we most
heartily join. This tardy act of justice has, from time to
time, during the past twenty-live year.-, been endeavored to
be performed. Its claims have been pressed upon Congress
on several occasions, in ;* full and fair investigation of its
merits, and it has at various times passed one or the other
branch of the National Legislature—but never, wc believe,
save in one instance, has it passed both Houses at the same
Congress—and in that case, it encountered tiie veto of the
President, a late which we trmt it may be spared in the
present one. —Columbus Enquirer.
We cannot concur in these “views’’ of our respected
cotwnpotjgry. The bill carries on its face evidence of j
fraud. The amount of the spol ation claimed is sil,- i
178,510. The bill proposes to cancel this claim bv pay- ‘
ing $5,000,000. The spoliations were committed pri- i
or to 1800. Now if the claims are just, with what pro- j
prieiv can the Government, after having resisted their i
payment fur fifty-four years, propose to pay them at a
discount of GO cents on the dollar ? There is another :
fact which is prima facie evidence of the invalidity of j
ill* su claims. The subject was first brought before ■
Congress in 1802 and has been pressed upon its con- •
eideratiou, from time to time, until the present session.
So, long as the memorial of the claimants was referred
to the standing committees of either bouse, so long were
the reports unfavorable, except in one instance, and the
bill lost. In 1827 Mr. Holmes, chairman a of se
l'-ct committed composed, as is the parliamentary
usage, of the friends of the bill, made afavorable
report, which was followed by one of similar char
acter from a select committee of which Mr. Web
ster was chairman, in 15.14. At this stss'on the bill
passed the Senate by a small majority for the firs; time,
Messrs. Calhoun, AYright, Benton, Bibb and other dis
tinguished Senators voting against it. This is a dam
ning fact. The bill had so little merit that it was re
jected invariably by Congress for thirty-two years, and
never passed either House until the cotemporaries of
the circumstances in which the claims arose had passed
from the public stage.
Having disposed of these preliminary considerations
we will now give a succinct account of the origin of
the claims and the reasons why we oppose their pay
ment.
On tho 6th February, 1778, treaties of amity and
commerce, and of alliance, were concluded between the
United States and France. By these treaties each par
ty secured to itself the right of Putting out vessels, con
demning and disposing cf prizes, enlisting soldiers or
seamen in the ports of the other. It was stipulated
that the enemies of either power should be denied these
privileges. It was further agreed to reduce that class
of goods known as contraband of war to instruments
and munitions of war, allowing unrestricted commerce
in all kinds of provisions, cloths, timber for ship-builaing.
anchors, and many other articles under the law of
nations, as then accepted, which were contraband, and
liable to seizure and confiscation. The treaties also
contained mutual guarantees. The United States
guarantied to France, against all oilier powers, “the
present possessions of the Crown of France in America,
as well as those which it may acquire by the future
treaty of peace-’’ and France guarantied to the United
States “their liberty, sovereignty, and independence,
absolute and unlimited, as well in matters of
meat as commerce, and also their possessions and the
additions and conquests that their confederation may
obtain from any of the dominions now or heretofore
possessed by Great Britain in North America.” These
guarrantees were declared to be “forever.’’
Fourteen years afterwards, war broke out between
Franco and Great Britain. In this war the United
States determined to maintain tiie strictest mutrality.
But in the progress of the war, Great Britain seized
and confiscated French goods on American ships, while
France was restrained by tho foregoing treaty from
retaliating upon British goods in American ships, and
a strict interpretation of the treaty was resulting in
great benefit to Great Britain. In May, 1793, Franco
declared that French cruisers had the same right to
seize and condemn goods in American vessels that was
practiced by British cruisers. From this time until
September, 1800, both the belligerent powers committed
the most wanton depredations upon our commerce; and
it is fur the losses sustained during this time that the
French spoliation bill proposes to pay the sufferers.
At the first blush there never was a fairer claim.
But we must remember that Government is not bound,
in every iustance, to pay for losses inflicted by the public
enemy. Such a course would bankrupt the Govern
ment. The Government, however, must use all rea
sonable ddligenee to protect its citizens from loss, by
negotiation, remonstrance, threats and even war itself, if
there is a probability that such extrema measures wdl
accomplish th purpose for which they are adopted ;
but if, after all, tho Government finds itself unable to
obtain redress, it has acquitted itself of all claim tho
injured citizen may have upon it. lie must pocket his
loss. And this the Government of the United States
did io this instance. From 1793 to 1798 no peaceful
means was leit untried to restrain the violence and
outrage that was being daily perpetrated upon our
commerce by the armed cruisers of France. Special
envoys were sent to Paris who were insultingly driven
Irom the country. The French Government refused
alike indemnity for the past or security for the future.
Finding that peaceful means were of no avail, the United
States went to war with France. On the ISiii May,
1798, an act was passed by Congress authorizing the
capture ot all armed vessels of France which had com
mitted depredations upon our commerce, or which
should be found hovering upon our coasts for the pur
pose of committing such depredations. On the 25th
June, 1795, auother act was passed by Congress which
authorized the merchant vessels of the United States to
arm and defend themselves against search, restraint or
seizure ; to repel force by force, and to recapture Ameri
can vessels that had beeu captured by the French. On
the 2Sth June, 1798, a third act was passed by Cou
giess, authorizing the forfeiture and condemnation cf
all French vessels captured, and providing for the dls
tribution of the prize money, and for tho confinement
and support of French prisoners so captured. On the
tin July, 17DS, Congress passed another act annulling
ad treaties and which had been
concluded with France. On the 9th July, 1795, Cou
g ess passed another act authorizing the capture, by the
Kavy of the United States, of all French armed vessels
whether within the jurisdiction qf the United States or
upon the high seas, their sale and tho distribution of the
pnz.- money. On the 28di February. 1799, Congress
passed an act providing fo* an exchange of prisoner
with Franco; and on the 3d March, 1799, another act
was passed declaring that in case any citizen of the
1 taken prisoner by the French, should be
put to death, corporeally punished, or otherwise ml
treated, the United States would retaliate upon French
prisoners in the power of the United States.
Under these various acts, several hostile actions
occurred between the armed vessels of the two nations ;
eighty French vessels were captured, their crews made
prisoners, and their ships and cargoes wero condemned
and sold as lawful prizes, and the proceeds of the sales
divided, pWibly, among the ancestors of the claimants
now before Cougress.
These facts show that a state of war existed between
the United States and, France—a war growing out o;
these very losses for which indemnity is now sought
from Congress. If this be true, then there is an end e‘
the justice of the claim : For the highest authorities
declare that “if claims for indemnity be the professed
ground of war, and peace be afterwards concluded with
out obtaining any acknowledgment of the right,” (as was
tiie case in this instance) “such a peace may be con
strued to be a relinquishment of the right, on the
ground that the question has been put to the arbitra
ment of the sword and decided. *
* See Webster’s vvoiks, vol. 4, page 162.
Book Notices.
Blackwood’s Magazine for January, is on our table.
Contents —1. The Conduct of the War; 2. Civiliza
tion : The Census—Education ; 3. Ziide : A Romance ;
4 Rural Economy of Great Britain and Ireland ; 5. Mr.
Thackeray and his Novels ; G. Peace and Patriotism ;
7. The Story of the Campaign. Part 11. Written in a
Tent in the Crimea.
The new volume of the four Reviews and Blackwood,
commence with the North British for Nov. 1854, and
i\ „ _
the other Reviews and Blackwood for January 1355.
Leonard Scott & Cos., American publishers, 54 Gold
| street, New York. For further particulars tee adver
| tisement.
Alabama News Items.
11. W. llh.liari), —This gentleman declines the
honor of being a candidate for the office of Governor at
the ensuing election.
Thief Caught. —A burglar who gives his name as
William Foster, of New York, was detected in Mont
gomery, a few days ago, at his “tricks,” and arrested.
On the night of his capture ho had entered tv.’o houses
|by the use of nippers. He is now in jail, awaiting his
‘■ trial. “He wears the speekled-est gaiters, the checked
; est pants, the finest vest, and the cockcd-est hat, in the
world—and crosses his legs with more of an air than
any man in the city !”
Gone by the Board. —The Florida part of the
Alabama and Florida Railroad project, says the Mont
gomery Mail, of the sth inst., is an utter failure , so
far as all present arrangements ate concerned. The
“Chief Cook” of the so called “Contractors” turns out
I
| to be a humbug, and bis company who were to furnish
the “millions” are entirely gaseous. Nothing remains
of the Florida end of the charter !
Advocate cf tiie South. —Messrs. Ashmore and
Yarbrough have disposed of their interest in this paper.
They are succeeded by Messrs. E. W. Miller and J. AY.
Gaulding. The promise of the paper under the new
management is good, and we cordially commend the
Advocate to the patronage of the public. It is a
Democratic paper.
—-
ard, late cf Crawford County, has purchased a half in
terest in this paper and will be hereafter asso
ciated in the publication and editorial departments with
j Mr. AV. B. Ruggles. Col. Howard is a most reliable
democrat and wields the pen with singular ease and force.
We cordially welcome him into the corps.
The Saving Man on a Journey.
IKE AXLE.
Mr. Brown starts from his hotel in New York, intending
to take a trip South: he takes his valise in his hand and his
umbrella under his arm and ..walks to the depot,'to save
twenty-five cents hack hire. After a long walk, in which
his valise gets heavy and he turns several wrong corners,
thereby adding half a nule to his distance, he arrives at
the depot, covered with dust, and panting with over-exer
tion, in season to get a fine view of tjre train slowly mo
ving round the first curve. Now, under some circumstan
ces, it is a noble sight to see an engine moving off in con
scious power, bearing its load of living freight; but after
the long walk our friend, Mr. Brown, had taken, he was,
cetainly, anything but delighted at the probable results.
He started to run, and had got under splendid headway,
when a luckless apple woman (mechanically speaking)
crossing his path, arrived at the same point in space, at the
same moment with himself, and, consequently, the§collis
ion was tremendous, and the exhibition of ground and lof
ty tumbling was elegant, and highly gratifying to a host of
urchins, who immediately proceeded to take advantage of
the sudden fall in fruit. Mr. Brown rose to his teet, seized
his battered valise and umbrella, and began once more to
malce time towards the train, muttering at the same time
some expressions that are not to be found in the church rit
al; but as ill luck would have it, the old woman, seeing
the boys making way with her stock in trade so rapidly,
yelled ‘Stop thief!’ at the top of her lungs, and the conse
quence was, the police who came up at that moment, see-
I ing Mr. Brown so busily and actively “cutting stick” came
to the conclusion that he must have been the thief, and so
followed in his wake, as the sailors say, and made chase.
Now a stern chase is proverbially a long one, and had our
friend been in training and unencumbered with baggage,
with the start he had in advance of his pursuers, bets ol
two, or ten to one, might have been made on him with
perfect safety; but, in turf parlance, he carried weight, and
his enemies oveihaufed him in double quick time; his um
brella getting in his wav completc-cl his discomfiture, by
spilling him into a mud puddle,-and he was roughly filled
out of the same by his captors—his ‘Genin’ hat, a shapeless
mass of mud and felt and water, was placed on his head,
and arm in arm with the two policemen,—one of them
carrying his valise (which they thought he had stolen from
the depot,) and the other his broken umbrella—they march
ed him in triumph to the watch house, in spite of his pro
testations—doing “escort duty,” as the military have it, all
the way. He was soon relieved, however, by the landlord
of me hotel he had left in the morning, who becoming
surety for his appearance to answer to any charge that
might be made against him, took him home with him,
and Mr. Brown, on “posting his books” at night, found
that h;s over economy had tins far been productive of ve
ry bad results; as he had not only lost a whole day, but
his ruined “tile,” his torn coat, his broken umbrella and
his “scarified” shins, his extra hotel bill, and his extra
oaths, his loss of breath and loss of patience, were to be
set down on his debtor side, against twenty-five cents on
his credit column —making a fearful balance against him.
Enough, however, for the present* lie has handed over
a revised and corrected account of the remainder of his
adventures, for future publication, to IKE AXLE.
Congressional.
AA’asiiington, Feb. 6.
The Senate debated the French Spoliation Bill.
The Mexican treaty, recognizing the principle that
free ships make free goods, was sent into the Senate
to-day.
The bill appropriating $300,000 for the improvement
of the mouths of the Mississippi was passed.
Nothing else of importance transpired.
The House, after debating the Consular Bill, went
into Committee of the AA hole on I exas the Creditors Bill,
but adjourned without having taken any action thereon,
Washington Affairs-
Washington, Feb. 5,1855.
The Kinney expedition is pursuing such a course as to
save itseif from Executive interference. The expected proc -
laination Irom the President relative to it has not been is
sued.
The Senate has passed the Bounty Land Bill, and new
has the French Spoliation Bill under consideration.
The House has passed the bill lor the relief of the Gc or
gia Railroad and Banking Company. The consideration
of a reduction of the tariff has been postponed to the I3;h
instant.
Washington, feb. 6.
The rumors that Mr. Dudley Mann will receive a foreign
mission, are untrue. lie will retain iiis present position.
Mr. Thomas S. Rhett, of the 2d Regiment of U. S. Ar
tillery, has resigneddiis commission.
Tiie steamer Fulton reports that she found no traces of
the missing sloop of-war Albany, during her recent cruise.
lie election of IV. H. Seward. — Albany, N. Y., Feb
ruary 6.—William H. Seward was re-electecl to day U. S.
Senator by 22 majority on joint ballot.
The French Broad Railroad. — Raleigh, N. C., Feb
ruary o.—The French Broad Railroad Chaiter has finally
passed the North Carolina Legislature, and.is now a law.
Charleston Races.
Charleston, Feb. 7.
For the Jockv Club parse of SIOOO, four horses started.
Die Clapperton, by Boston,"dam Melvira, won the first
heat. GriffEdmondston, by Childe Harold, dam Mary
Elizabeth, won the second and third heats. Time 7-52,
7-45,7-564. Highlander and Jeff Davis were distanced
the 2d heat.
For the Hutchison stakes, 2 miles heat, four started.—
Brown Dick, by Margrave, dam Fanny King, won the
first and second heats. Time—-1.42: 1.46.
The French Spoliation Bill.-- The Washington Eve
ning Star of Saturday 3d inst. says :
‘idle excitement among those interested in the spoliation
bill, with reference to the prospect of a veto, increases
momentarily. We never saw a set of gentlemen so nerv
ously anxious as they are just now. AYe repeat what
wo said yesterday, that for ourselves, we know nothing of
the matter. Yet we judge that they have utterly failed
to obtain Executive expressions upon the subject at vari
ance with the well known positions of the President upon
it when in either House of Congress. We may add, too,
that in strict Democratic circles, the impression has become
almost universal within the last forty-eight hours that
President Pierce will not sign the bill.
The Legislature of Nebraska organized on the
15th instant. The officers chosen were friendly to the
Administration.
The Whig Legislative Caucus—The United States Sena
torsliip.
Albany, February 1, 1855
Albany is alive with politicians. The topic to night is
the whig legislative caucus. Annexed is the notice issued
by the leaders :
WHIG LEGISLATIVE CAUCUS.
The whig Senators and members of Assembly are re
quested to meet in caucus in the Assembly Chamber, on
Thursday evening, Feb. ], at 7 o’clock, for the purpose
(if nominating a candidate to be supported by them for
the office of United States Senator, on Tuesday, the Gib
day of February next. By order of the Committee.
W. H. ROBERTSON,
Chairman of Sena e Committee.
It. M. BLATCIIFOIiD,
Chairman of Assembly CnuniUee.
Albany, January 30, 1855.
The caucus met in the Assembly Chamber this evening,
and was called to order by Mr. Blatchford, who nominat
ed Senator J. B. Williams Chairman, and Senator Rich
ards, and C. P. Johnson, of the House of Assembly, Se
cretaries. The roll of members was called. E’ghty-one
were present, including the President of the Senate being
one less than the majority in the Senate and one less than
the majority in the House. Absentees in the Senate,
Messrs. Barnard, Brooks Field, Putnam and Whitney.
Os the Assembly, twenty whigs were absent, of these
four are out of town. Os the New York members there
were present Messrs. Stuyvesant, Jimmerson and Leigh.
Senator Robertson moved that the caucus proceed to
ballot fora candidate for United States Senator.
Senator Crosby and Mi. Boynton were appointed tel
lers. The first ballot resulted as follows:
For William 11. Seward 74
For Washington Hunt 2
For Millard Filmore 1
For Ira Harris 1
For E. D. Culver ]
Blank 1
Total SO
The vote for Mr. Fillmore was east by Mr. Weed of
Erie.
Mr. Littlefield moved that the vote be declared unani
mous. Carried.
Mr. Raymond addressed the members of the caucus,
when they adjourned.
Manufacturers Bank of Macon.
At a meeting of the Stockholders of this institution held
in this city, on Monday last, Elijah Bond was re-elected
President, and the following gentlemen, L. p. Strong
Robert Collins, David Flanders and C. B. Cole vvt-re
chosen as Directors. At the same meeting we are glad
to observe, a resolution was passed, authorizing an increase
of the capital Stock of the Bank, to any sum not exceed- -
tug $500,000 —the Charter limit.— Jour, cj- Mess.
The Reign of Art. —ln this wonderful age, Art lays
her master touches on almost everything. The ceilings
over us and tho carpets we tread on, are hallowed by Art.
Art winds the railway through the mountains and the
mil l : makes her machines of wood and iron, to act as
if with knowledge and annihilates space with lightning
tamed down to the tutelage of a boy. Nothing is too
lofty for her touch and nothing too humble. Anew
proof of this old conviction, has just fallen under our no
tice, in the shape of a Cathartic Pill, from the Laboratory j
of that world renowned Chemist, Doctor J. C. Ayer.
If we understand the subject, he has carried that nr- !
tide to the far of which it is capable. In* j
stead of employing Drugs in its composition, as we had
always thought the necessary and only way, lie has with i
consummate skill extracted the virtues of the medicines j
to be employed and combined them alone in their purity i
together. The eemposhi ;n is then mixed and rolled by j
m chi aery and steam power, into a sprroid piil which is i
w: upped in au envelope of gelatine, .fur protection from
the effects of weather or time, and then thickly coated wjih
sugar, to serve as its passport ever the palate. Nutwith- j
sand mg all tins liberal perfection they are offered to the ;
p i lie at less than me cent each. However humble the
and partment, we think tins may be safely characteriz'd as
ilie consummation of Art ia its line. —Morning News
Baltimore.
Georgia Lunatic Asylum.
The last legislature passed an act authorizing the ap
pointment of a committee by the Governor, charged to “in
vestigate and determine upon the buildings necessary to be
erected for the additional accommodation oi lunatics, at tiie
Lunatic. Asylum.”
Governor appointed as commissioners Messrs.
R. D. Arnold, of Chatham, Philip Minis, of Dougherty,
Hines Holt, of Muscogee, It. D. Moore, of Clarke, and
A. M. Nisbtt, of Bald win.
Having accomplished the work, the commissioners have
made their report to his Excellency, who lias ordered its
publication in the Federal Union, it is from the pen of Dr.
Arnold.
Messrs. Sholl and Fay of Savannah have matured a
plan which, it is confidently believed by the commissioners,
will render the building, when finished, worthy of the State
of Georgia and of the enlightened benevolence and liber-*
alky which have induced her to provide for that unfortun
ate class of our fellow beings who have been deprived of
the light of reason. , ...
The present buildings are to be retained, and the addi
tional buildings placed in front ot them, and are thus de
The whole extent of the new front will be IS 6 feet. At
the extreme right and left are buildings extending back 165
feet, and thence returning at a right angle to the existing
buildings, a distance of 71 feet. The front central balding
will be 103 feet front by 83 feet deep, fronted by & tetras
tyle lonic Portico, 16 feet deep and 47 feet front.
The report adds:
The whole building will be replete with all the modern
improvements and conveniences,such as the introduction of
water, water closets, baths and thorough ventilation, and
when completed will, in all its apaitments, compare with
any institution of the kind in America.
iu addition to ils present capacity, the Asylum, when
thus completed, will accommodate 150 patients in the
wards with separate rooms, and about 30 in the assoc i a*-
ted Dormitories, b(sides 13 patients in the rooms in the
central budding making the additional building capable
of accomniodaung 103 patients.
The cost of the central building is estimated at $39,822 ;
the wings at $75,481 ; making a sum total of $115,303.
Business in Savannah.
It gives us pleasure to state, that there has been a very
perceptible improvement in all branches of business in this
city, within the past two weeks. Cotton is coming for
ward more freely, money is more plenty, and confidence
is stronger and increasing every day. The transactions
in cotton the past throe days reach*d within a fraction of
7,000 bales, at prices ranging from G-j to 91 cents.
The same improvement is noticeable in all departments
of trade and commerce, as well, as in the shipping busi
ness. An advance in the rates of freight has ltd to an
increase of exports, both coastwise and to Europe, and
imparted fresh activity to the cotton pressing establish
ments.
It is a cause for gratulation to our people, that through
out the commercial pressure which has pervaded both con
tinents for some months past, and in the face of the local
easualities which befel us the past summer, th?re has not
been one failure, or suspension or defalcation among our
business men.
A proof of our remarks may be found in the improve
ment in stocks. Central Railroad shares can no longer
be had at the rates for which they were freely offered
some days ago. Money is coming in for investment in
this and other securities, especially from the iuterior of
this State, and it will not be long before the stocks and
bonds, which have been seeking purchasers at low figures,
will betaken up.— Sav. Republican.
Baltimore City Finances. —The p* cuniary obligations
of the city in the past year, were all met, but the receipts,
it will be seen, fell short by over one hundred and twenty
thousand dollars of the payments —and so that amount is
to be added to the obligations which the eiiy has to meet
this year. To meet these obligations in full, the sum of
$1,177,798 45 will have.to be raised by a levy of not loss
than $1.94 ; f on the taxable property of the city, (which is
valued at $102,780 9 )5,) on the basis that G lOths of the
taxes are collected in a year; or on the SIOO, if
7-10ths bo collected. This added to the 15 cents State
tax, would m ike the taxes to be paid by property holders
in the present year, range from 1 .Si to 2,09 3-6 on the
SIOO.
Later from Mexico.
Acapulco, Mexico, Dec. 8,1854.
Messrs. Editors : Since I wrote you last, things have
assumed a “warlike aspect.” The Government troops have
advanced on Providencia, Alvarez’ hacienda headquarters,
he having previously reduced the snhe to a.'lies, and taken
to Iris strong holds in the mountains. They number 3000
men, and are advancing on this place. We may, therefore,
expect the “ball” to open in a tew days, as Providencia is
only fifty miles from here. Another division of the Gov
ernment force, numbering 1000, are advancing by the coast
roach The Alvarez force in this place, at present, numbers
1500,and daily increasing. They aie well armed,and strong
ly fortified, with an auxiliary battery planted on the summit
of a commanding mountain,which is also covered by the guns
of the castle. ‘The three of the Liberal paity in a!], in this
State amounts to about 5000 men ; and as both parties
this time appear determined on a decisive battle, 1 will noti
fy you of the result.
The latest news we have from the city of Mexico is, that
Santa Anna is about calling General Los Vegas, (be who
was captured by Col. May at Palo Alto,) to the Presidency
pro tern. As also some changes being made in the Cabinet.
Banta Anna is making preparations to go to Jalapa,
From the Columbus Enquirer.
Minute of Points
Decided by the Supreme Court of Georgia, at Column
bus, January Term, 1555 :
Young vs. Harrison —from Randolph.
1. The value of land taken by a Corporation for the
benefit of such corporation, is to be estimated at the time
it is taken.
2. In estimating the value, the circumstances affecting
its value are to be taken into consideration; and value de
pends upon demand and supply.
3. Benefit to the proprietor from the public appropria
tion 0 ( land, is also to be considered by the jurv, in as
sessing compensation.
4. A plat of ground sought to be condemned for pub
lic use, is evidence proper to be submitted to the jury.*
Hines Holt for Piss. J ones and Jones, and Johnson
<fe Sloan, for Deft,
Snelling vs Cook —from Stewart.
1. A motion for anew trial, sett ng out certain grounds
for granting the same may be amended under the statute
by inserting other grounds, subject to the imposition of
reasonable terms by the Court.
2. A Rule ni si ior anew trial constitutes a part of the
pleadings in a cause.
Tucker for Piff'. Gauming and Jones & Jones for De
fendant.
‘1 hornton vs Hightower. —from Muscogee.
1. Where numerous persons are interested in the sub
ject matter, Equity in certain eases will dispense with the
necessity of making all of them parties to a Bill.
2. If a Defendant in Equity be in contempt for a fa L
urc to answer within the time prescribed, be may purge
himself from such contempt by a proper showing to the
Court, and if such showing be made, the Court ought
not to enter a decree “pro confess*.),” but should allow de
fendant time to answer..
Holt & Hill for Plff. Dougherty for Deft.
Clayton vs Brown— from Muscogee.
1. If the possession of personal property be consistent
with the Deed, sueh possession is not prima facie evidence
of fraud.
2. A purchaser at Judicial sales is not a bona fide
purchaser as cont* in plated in the act of Elizabeth, and
he gets r.o benefit from want of notice of an outstanding
title to the property purchased,
Ingram for Piss. Dougherty for Deft.
Walker vs Cook —from Muscogee.
If a demurrer to a bill be sustained, the Court may
still permit the complainant to amend upon terms and
retain the bill, and this should be done if the cause has
been carried to the Supreme Court and remanded.
Dougherty for Plff Ramsey and Jones & Jones for
Defendant.
The Language of Pine Wood.—ln North Carolina It
is frequent, among her forest of fat pine, for a lover in
distress to send the fair object of his affections a bit of its
staple vegetable productions, with an eye painted upon it.
It srgnitkM “I pine.” If favorable to him, the young Jadv
selects irom the wood pile the best and smoothest *speei
m-nof a knot—this signifies “pine knot.” But if, on
the other hand, she det sis him, (there is no middle
grounds between detestation and adoration wit.li young
women,) she burns one end of ills message ; and this gen
ei. lpv throws the young man in d*.spair, for it means “J
make light of your pining.”
GO JD NEWS FROM IIOSIB.
Good news from home—g jod r.ew f„r me,
Has come across the deep blue tea —
Fiom friends that I have left in teais,
from friends that i’ve not seen lor years,
And since we parted iong ago
My Hie has been a scene of woe;
But now a joyful hour has come,
For 1 have heard good news Irom home.
chorus.
Good news from home—good news for me,
Has come across the deep blue sea—
From friends that I have left in tears,
From blends that I’ve not seen for years.
No father near to guide me now,
No mother’s tear to sooth my brow',
No sister’s voice falls on m y ear,
N o brothers smile to give me cheer.
But though I wander lar away,
My heart is full of joy to-day,
For friends across the oeeau-ioain
Have sent to me good news irom home.
When shall I see that cottage door,
Where I’ve spent years of joy before?
’Twus then i Knew no grief or care—
My heart was always happy there.
Though I may never see it more,
Nor stand upon my native shore,
Wherei'on earth I’m doom’d to roam,
My heart’s with those I’ve left at home.
i liavn’i sold my Cotton.
The Columbus Enquirer complains that the Mobileg
Register credits an article to the Times Scntnu. I
which appeared in its columns under the above captu-a, I
The complaint is well founded; we have no claim 0 1
the bantling. The Enquirer says :
“There is not much in this matter to talk about be- I
yond the singular obliquity of vision manifested, an,! I
the fact that the Register would commit our friends I
the Tunes to the promulgation of views which we ca-j I
certify they have not only not expressed, but which I
far as we are advised, they have never in any way on- I
dorsed,”
This also is true: at the opening of the sea? n, I
when cotton commanded a living price, we urged ii ;e I
planters to sell, notwithstanding the charge of t.v:, I
storage by cotton buyers, but after cotton declined mil
there was no prospect that it could go lower, wo c, . I
not join in th hue and cry that was raised against j . - 0
ters for holding on to their cotton and waiting for a l;:v . I
rable turn in commercial affairs. This war upon id I
planter is most unreasonable. He buys goods with I
distinct understanding that he shall uot be called on b I
pay for them until he has sold Iris cotton ; and all our !
merchants are willing and anxious to trade with hint < n j
these terms. lie violates no moral obligation by wait
ing for a “flood’’ in trade, and is not at ail responsible for ]
the derangement of monetary affairs. Indeed, be is \
more frequently the losc-r than the gainer by oommnl j
cial revulsions. With what propriety then can vve cai
on him to sacrifice bis crop to “ease” the money market,
which the banks make tight by contracting their loans
in order to save themselves from loss by the failure of
merchants who trade too much on credit. And n ,v
vve have reached the sore of Southern society. The
credit system is the bane of all kinds of business at the
South ; the yearly losses by it amount to millions pa
annum ; it must be abandoned before vve can hope Lr
a healthy reaction. In a war upon this overshadowing
evil, we will most heartily join the Enquirer , and re
publish arid endorse whatever it may promulgate ; lut
we must be excused from copying, referring to, or en
dorsing views which, in our judgment, are calculated
to injure one class of society for the benefit of another
clans, who alone are responsible for the tightness of the
times. To this latter class vve belong ; wo credit whore
vve ought to demand cash ; and now that the evils of
the credit system are upon us, vve arc disposed to en
dure them uncomplainingly and will cot attempt to pal
liate our own felly by throwing the blame upon anoth
er’s shoulder. The planter sells for cash ; let all other
classes follow his example, and vve will soon see the'ead
of tight times.
In conclusion, vve will say that the Enquirer has no
cause to complain. The article alluded to has gone
the “grand rounds,” and been more favorably r.otic <1
than any that has appeared this season, and always with
the proper credit, except in tlie instance of the Ft, /-
ister.
One word to planters. We think the present a good
time to sell cotton.
Atchison and the English Lord.
Senator Atchison of Missouri is represented
asa broad, whole souled, Western man, with
out disguises, and apt to utter what is uppeux ost in his
thoughts, without respect to time, place, or persons.—
At the fast Baltimore Convention, a cumber of his
friends, and among them Senator Butler of South Car
olina, a notorious wag, were sitting in the piazza of one
of the principal hotels of the city, engaged in Very dig
nified conversation with a distinguished English Lord,
who combined all the refinement of the higher clasps
of Europe with the steiling sense cf the Anglo-Nor
man, and his American confreres were, of course anx
ious to show him the best side of American character.
Just at this time Senator Atchison came into the piazza,
and joined the circle, in a high state cf excitement in
consequence of some chatgc-s which Lad been mr. .■
against Western men in the Convention, and took ids
seat among his friends, without noticing the distinguish
ed stranger, and continued his fiarrangue, addrestiig
himself particularly to Butler of South Carolina ; “Y, ; ,
sir,” said he, “the Western man is a whole soukd
fellow. Go to his log cabin, even in the wilds of Mis
souri, and he will give you a hearty welcome ; his
bread and venison is at your service, and he will add a
bottle of whiskey to wash it down ; he will feed your
horse; give you the best, bed in his house, and will n t
charge you a cent ; and in the morning, if you don't
like it, lie will tell you to ” enforcing I;is
meaning with a gesture more energetic than elegant.
The ridiculousness of the whole scene forced itself uu n
Butler’s mind (Atchison was President of the Ameri
can Senate at that time) and, rising from his seat, be
said, in his blandest manner, “Senator Atchison, allow
me to present 3 cu to Lord .”
The confusion of the Missourian can be better con
ceived than described.
Origin of Dante’s ‘ Divina Conmiedi?..”
In M. Yiiiemain’s Course of French Literature—a
charming work, much Jess known in this country than it
deserves, probable because it remains, so f:.r as we know,
stiff untranslated—the foilowinu carious passage occur:-.
Speaking o! Dante’s imm >rtal Divine Comedo, M. Vffk
mains says: “What first suggested to Dsnjte the subject
ot this subiine drama ? Was he inspired with it, as Las
been said, by a fable—the tale of the Juggler, who de
scended to the infernal regions, and played dice with
I St. Peters for the souls of men ? Or by the poetical •. ision
of Brunet to Latin:, Dante’s i receptor, and whom, bo it
said parenthetically, he has placed in one of the infernal
circles ? No. He imitated what was said around Lm—
ho drew inspiration from the eorr*nva thoughts of h:s e* a
temporaries. But lie had the genius which rtvca.s to the
popular mind its own g!ardour, w hich it knew not. I
wiil relate an anecdote, bearing, I think, strongly on the
subject, and which has never yet been ciitd, oven by Ital
ian writers*
“Long before the time of Dante, it happened, on® day,
iu the iitte town of Arezzo, Pope Nicoobis 11. b ang pies -