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t£nnstitutianaliot& JUjralilit. JAMES GARDNER, JR., > and J Editors. JAMES M. SMYTHE, ) [communicated.] Me Sir*. Editors:— The following decision of Judge Starnes, was delivered, during the past winter, upon a question of much importance to our community; and, as frequent applications have been made at the office for information as to its contents, I have deemed it expedient to hand it to you for publication. Yours, A. H. McLaws, Clerk Sujierior Court Richmond County. Transmission of Divided Bank Notes by Mail. Augustus W. Blount i j N EQUITY. Tlul lfcW Bank. \ Richmond Superior Court. The issues for trial in this case have been, by consent, and by special order to that effect, en tered at the January Term, 1851, of said Court, submitted to this Court for decree, upon bill, an swer, and exhibits, and the facts as agreed upon by counsel. I shall not consume time by a detail of the allegations of this bill, and the statements of the answer, as they are few and simple, and are oth erwise made familiar to those who are interest ed in this decision ; but I will proceed at once to a consideration of the issues presented. The jurisdiction of this Court, as a Court ol Equity, has not been disputed by the pleadings, and. i presume, there has been no serious inten tion to moot this jioint, though it was inciden tally alluded to in the argument. The complainant comes into this Court seek inga discovery from defendant, asking to be al lowed to tender a bond of indemnity to defend ant, and lor such a judgment from the Court, as will authorize such indemnity, and adjust protec tion to the parties. These features of relief, it is the peculiar province of a Court of Equity to al ford. Let us ascertain, whether or not, the complain ant presents such a case as thus entitles him to relief. At the commencement, I premise, that a party who has had the written or printed evidence of his claim destroyed, or lost, may still recover, upon due proof of its having existed, of its tenor and effect, anil of its destruction, or loss; Unless, indeed, as a lost paper, it was negociablc. No principle is better settled than this. .It is true, then, as a general rule , that a parly complainant, who has had in his possession cer tain bills or notes of a defendant, for a valuable consideration, and has been so unfortunate as to have said bills destroyed, if negociable—or lost, if not negociable, may, upon such proof as above stated, recover the amount of said notes. We will then inquire—lst. Did the complainant in this case have such notes in bona fide possession, fora valuable consideration, at the time alleged ‘ This is admitteil, in effect, by the answer; that is to say: that he did so have |x>ssession of such notes by his agent. 2dly. Were said notes destroyed, if negociable; or lost, being not negociable ? Os course the notes have not been either de stroyed or lost wholly; but it appears that the right hand halves thereof have been lost or sto len from the mail. (,>ne set of the hall es beii)ir thus lost to the own feet evidence of a contract, have been lost to him ; because the charter of the Bank requires that both the President and Cashier shall sign the bills or promises to pay of the Bank, and if one of these signatures lie removed, it is not an en tire and perfect promise to pay by the Bank ; ami also because, by its terms, or rather its want of definite terms, one half of a note is no promise to pay. The notes thus lost, ar the evidence of con tract, were negociable before being severed; do either or bolh seta of halves continue to be nego ciable ? I think it is sutlicient answer to this question to say, that these halves, thus separated, are not the perfect evidence of a contract, and therefore not negociable. A negociable instrument must not only be one which will pass by endorsement or by delivery, but it must also be the evidence of a contract. But let us see what light is thrown upon this subject by adjudicated cases. One case only, it seems, can be found, in which the question just put is answered in the aliirma tive. That is the case of Mayor et al. vs. John son fc Eaton, :i Camp. 3-1, in which the Court non-suits an action brought upon one half of a bank bill, on the ground, that the other half might get into the possession of a bona fide hold er for value, and suit could then be as well main tained on it as on the half, the subject of suit. This hasty nisi-prius decision of Lord Ellen borough has been overruled, and the question answered negatively by numerous decisions of eminent Judges in the United States, and, as 1 think, upon just and proper grounds. Thus Mr. Justise Marcy says, in the case of Hinsdale vs the Bank of Orange, 6 Wend. 380, that the proposition, that such half note was not negociable, was as clear to his mind as that “ a part is not equal to a whole;” also, that “ when a bill ceases to exist as a whole, it ceases to have those properties which belong to it as an entire ty. one of which is uegociability.” To the same effect Judge Peters speaks, when lie says, in the case of the Bank of the United States vs. Sill, 5 Conn. R. 112, ‘‘ a part of a bill is not negociable, and the holder cannot recover upon it. without proveing a title to all the parts.’' The opinion of the Court, in the case of Pat ton vs. the State Bank, 2 Xott and McC. 169, is also, in substance, to this effect. Courts, also, in considering this point, have gone upon the ground, that this severance of a bank note restrains its negociability, because, though the person receiving it, took it in the due course of trade, and for a valuable consideration; still receiving but one half, he would take it “ with notice, that the right to the money might be in the possessor of the other half, and would consequently be bound by every defence which might be made against the finder or robber.” Bullett vs. the Bank of Pennsylvania, 2 W. C. C. R. 178; Martin vs. the Bank of the United States, 4 Wash. C. C. R. 253 ; Patton vs. the I State Bank, 2N. & McC. 469,5 Conn. R. Jl2. i All of this reasoning is cogent to my mind, ( and comes to the same thing, viz: that a half t bill, thus severed, is not negociable, because it is c pot the perfect evidence of a contract. t We have thus answered the second question J submitted, correctly I think; that is to say, that these notes are lost to complainant, as the per fect evidence of contract; and that neither sets of halves are negociable. Now, we have recognized the right of com- j plainant, vjem general principles, to recover his r claim, if he can prove that, by his agent, he was ■ once in the bona fide possession of these notes en , tire, and that not being negociable, they have been lost to him, as the evidence of his claim. The answer, which furnishes the proof of the bona fide possession of complainant of such notes, takes issue as to the character of the loss, so far as to insist that this is not to be regarded in the light of a casual loss, but as one caused by the voluntary and illegal mutilation of the bills. The question thus arises—does this voluntary severance of the bills by complainant’s agent change the character of the transaction ? Does it make that which is shown to be a loss, in point of fact, no loss, lor which the defendant can in equity and justice be held accountable ? If this severance of the bills had been effected with any intention of injuring or defrauding de fendant, the ready answer would be—the com plainant cannot be allowed to take advantage of his own wrong. But if no wrong or injury was de signed by the act, and it was done for the pur pose solely of decreasing the risks of transmission by mail, there seems to be no reason why this complainant should lose the benefit of the rule of law which we have recognized ; unless, indeed, injury has resulted, or will result to defendant by the payment of the halves, the subject of this suit. Such injury cannot result in this case, if, as I am satisfied is true, the lost right hand halves are not negociable; unless it be from fraud or perjury. If they are not negociable, and pay | ment of them is ever demanded, as they do not constitute complete evidence of a contract, of ( course, the Bank will require other proof of the claim ; that is, that the whole notes, of which they are part, were in the possession of the claim ant at the time they were divided. t In this case, it is evident, such proof cannot be made, unless resort be had to fraud or perjury. The aigument i f defendant here is, that tak j. ing this as true, still injury has been thereby done to defendant, because complainant has, by his voluntary act, subjected the defendant to risks from fraud ami penury, which would not other wise have been incurred —risks growing out of the facility which this division and transmission of the notes afford to fraudulent practice, because J * of the difficulties of identification. I have lelt the full force of this reasoning, I ' believe, and though other Judges, in similar cases, seem to have treated it lightly, I confess | that it has caused me to proceed cautiously here in tunning my opinion. Mr. Justice Washington disposes of this point, in a similar case, which has been read in this ar gument, from 4 Wash. C. C. R. 172, by saying, that ’‘the law cannot adapt its provisions to every I possible case that may occur, and it therefore proceeds, from necessity, upon general princi- I pies, applicable to all cases.’’ It cannot, there fore, undertake to guard against fraud and perju ry in every case. This suggestion is not without reason; but the following consideration has influenced my mind in arriving at a conclusion upon this point. Admitting the fact, that this mutilation of the risks from fraud and perjury, ought rtet tTIJWIWIf f oftliis upon the rights of complainant to depend , upon the facts, whether or not, Ist, it was de , signed to produce such results; and, 2dly, if not . designed, whether or not, the act was illegal, as alleged by complainant. The proois settle this question as to design. But the answer insists that the act was illegal, whether designed or not to expose defendant to risks. Ido not look u;xin it as such. It is not for hidden by any positive law. It is insisted, that it was not contemplated by the Legislature, when granting the charter, nor by the Bank, when issuing the bills. This may be true, but it will not be denied, that it has been for ages, both in England and in this coun try, an established custom. A custom “vo inve terate,’’ in the language of Mr. Sargeant when he was occupying a position similar to that of defen dant's counsel in a similar case, “as not to be condemned.” Courts in the United States have decided, that it was not illegal. On this subject, Judge Gaston says in the case of Allen & Wykoff vs. the State Bank, 1. Dev. 1. “in England, and in the States of this Union,the propriety of this course of remit tance has been again and again recognized, and we cannot therefore admit, that the plaintiffs have lost the notes through their fault.” If the act of severing these bills then was not designed to do an injury to defendant,and was not illegal, the complainant in my opinion should not suffer loss therefrom, though it was not the most prudent course, and may increase the risks to defendant. The truth is, l thick, in this point of view, that the arguments of defendant’s counsel, and the position taken by defendant in the au swer on this head, go rather to show the impo licy, and inexpediency of allowing this method of transmitting notes by mail, than its illegality. This is matter rather for the consideration of the legislator, than the Judge. But upon the question of the policy, or ex pediency ol this practice, something may be said, it occurs to me, on either side. The counsel for defendant has certainly very forcibly shown that some additional risk is thrown upon the Bank, though the missing halves be not negociable, by reason that addi tional facilities are afforded to fraud. Though these depend upon contingencies which may not very probably happen, still the possibility of their occurrence devolves addition al risk upon Banks, whose bills are thus divided and transmitted, for the sole convenience of the person owing them. On the other hand, to take away this privi ledge as a substitute for exchange, would devolve increased risk on persons generally, having funds to transmit; lor in many places, and on many , places, exchange cannot be procured. To abo lish the practice would therefore work great pub- : lie inconvenience. Hence that distinguished per- , son, and jurist, Judge Gaston in the case above i i cited from Dev. and Bat. R., says, that this me- ! i thod of transmitting notes “is for the benefit of j < commerce, affords additional security against! - dishonesty, by lessening the inducement to com- j j mit it, and ought in no manner to affect the 1 rights of the lawful owners of the notes.” My own observation, as well as the result of inquiries which I have made, for my informa tion, while this case has been under considera tion, serve to convince me, that the adoption by the Banks of a well regulated system of number ing. lettering and registering, and other such | means would, to a considerable extent, obviate ! ' their liability to these frauds, arising from this ; mode of transmitting their issues by mail, and | at a less cost of convenience and money, than would the prohibition of the practice. It would cost something more to the Banks, to be sure, to : carry it into effect, but not much, as compared with the other inconveniences to the public. And the public benefit is not to be overlook- ' ed in this investigation. It must not be forgot-, ten, that this is the end and purpose of the crea tion of all corporations. The application of this rule, therefore, in such a matter, cannot work very great hardship. These several reasons bring me to the con clusion, that the complainant is entitled to re cover the amount of these notes, especially as he has offered to indemnify the defendant against all loss by future payment of the missing halves. I will not pause here to consider whether or not, the execution of such bond of indemnity in favor of defendant would be necessary to the complainant’s right t» recover, inasmuch as he has voluntarily tendered the bond. The Court will therefore decree it: It is true, that the defendant’s counsel insist that the bond of indemnity can be no protection to defendant, should the missing halves be pre sented, and paid, in the event ot certain fradulent practices; because of the difficulties of identifica tion. Any frau 1 practiced by this complainant is put out of the question by the answer. As to the frauds of others, the same reasoning applies as has been already used in the considera tion of the main case. Another question has been made for my con sideration in this case. It is the liability of the defendant for interest and costs, and with it, I have had more difficulty. Interest was due upon these Bank notes only on and after demand. A demand was made by the complainant at the time alleged, and after wards by his solicitors. But the demand was not made upon the entire notes, nor upon that, which the law’ allows to take their place in the event of their destruction, viz : other evidence of the contract; of which they had been, but were no longer the evidence. That is to say, the de mand was not accompanied by proof, nor the offer to produce such proof, that the complain ant had had these notes entire in his possession, and had lost them in the way described. This was necessary in order make the Bank liable for interest. Such is the view taken by the Court of Ap peals, of Virgiria. Farmers Bank of Virginia vs. Reynolds. 4 Rand. 186. The complainant's counsel insists in answer to this position, that this proof was not called for by the defendant; that the Bank did not put its refusal to pay upon this tooting, or the evidence might have beer, furnished. I think this reply is not satisfactory, because it wss not the duty of the Bank to aid the com plainant in making out a case which might charge it with interest. It was the privilege of the complainant to go prepared with the evi irfaruf, asTlut was what was to carry interest on demand. Let us vary the case a little, by supposing a demand made on an entire note. A. has held the note of B, payable on demand to C, or bearer, and which has been assigned, to A. The note has been .destroyed while in the possession of A. Calling on B afterwards, he states his loss, and demands payment, but otters no proof of his possession, or the destruction of the paper, though he offers to indemnify B against future payment of it. B declines to comply with his request; but adds not a word mere. Will it be contended, that after such a demand unaccompanied by the evidence of the contract, or that A had ever owned or lost it, B is charga ble with interest, because he did not call for this proof? I think not. The case is precisely similar in principle, tt> the one before us. Up to this point, I see my way very clearly. I believe. But, I find from the answer, that there was evidence, of the ownership of these notes entire by the complainant, (at the time al ledged in the bill,) before the Bank, on the 11th day of January, 1831 ; for the answer, which is of that date, admits the fact. Just here, I have found my greatest difficulty. I have tried to solve it thus: From the time just specified, the first period, at which I find from the proofs, that this evidence of possession and loss by the complainant was before the Bauk, interest must be held to be j chargable. It is true, that I have no evidence before me | of any formal demand having been made at the j Bank since this date; and the Court in the case j of the Farmers Bank vs. Reynolds, above cited, i held that though the evidence of such possession and loss was make belore the Court, yet that no j demand had been made on the Bank after such proof, and therefore interest should not be ! chargeable. I incline to regard this reasoning as rather more technical, than equitable. I think, that the Court might well, consistently with the princi- i pies laid down, equitably, have held the Bank liable ; with interest from the time such prooi was brought home to the Bank, if it had thereaf ter the opportunity of paying. What is contemplated by the demand Why, that payment is requested upon the evidence of a contract, and the opportunity of such payment afforded. The suit, in the case referred to, was instituted at the place of defendant's residence, was th re pending, and the defendant had abundant oppor tunity, I presume, to pay the complainant, or his solicitors, after such proof was made. So in this case—though it be admitted, that 11 when such bills are made payable, generally “on ! demand," the proper construction is that the de- | marid must be made at the banking-house—as i the demand has been made, and is now being made by the cause pending, at the place of de- 1 'endant’s residence, and as the defendant is now . 1 n Court, and before the Chancellor by its soli- ! :itors, where the demand is thus made, and now, * ind since the 11th day of January last, upon the * rroper evidence of contract, has had the oppor- t tunity of paying this claim, I think it woald be I taking a technical, and unsubstantial distinction, (one which should not be countenanced in a Court of Equity,) to say, “ this demand has not been made at the banking-house of defendant since the 11th day of January last, and there fore defendant should not be charged with inter est from that time.” The question of costs is at all times in the dis cretion of a Court of Chancery. But what I . have said in relation to interest should apply to j the costs. I think, however, even if I ’had refused to al i low interest to the complainant, that I would have decreed the costs for him. If I had refused interest, it would have been for the technical ' reason referred to; but costs being in my discre- I tion, I should have felt, that in equity, they ' should have been paid by the defendant, taking the view which I do of the main features of the ' case. I will therefore decree that the complainant | do recover of the defendant, the sum of two hun- I dred and twenty-five dollars, the amount of said | notes, upon the execution and delivery to the ' defendant of a bond with a sufficient security, | (to be judged of by this Court,) to indemnify the defendant against any future payment of the ■ missing halves of said bills; together with inter est on said sum, from the 11th day of January. 1851, and cost of suit. EBEX'R. STARNES, Judge Superior Court, Mid. JDist Georgia. AII(aSTA7GA ~ FRIDAY MORNING, OCTOBER 31. THE LARGEST CIRCULATION IN THE'STATE. 07-SEE FIRST PAGE OF DAILY. Transmission of Divided Bank Notes by Mail. We would call the attention of the reader to an important decision, made by Judge Starnes, and published in our columns this morning. It is on a subject in which our merchants and bank ing institutions have a deep interest, and is worthy of an attentive perusal. Editorial Change. Thos. H. Harden has retired from the edito rial chair of the Savannah Republican, and P. W. Alexander, has resumed the duties of associate editor of that paper. Harpers New Monthly Magazine. We have received from Messrs. T. Richards & Son, the November No. of this interesting month ly. It is one of the best monthlies of the day, and notwithstanding it has not yet reached its second year, its circulation, we understand, reaches fifty five thousand copies. Panorama of Oaliiornia. This will be the last night but one that this fine Panoramm*will be on exhibition in this city, and we would advise all who have not visited Masonic Hall to do so, for the painting is worth seeing, and some views beautiful, particularly that of Sacramento City. To-morrow after noon, an exhibition will be given for the accom modation of families and [schools, commencing at 3 o'clock. There was a good, attendance last evening. The City of Charleston. We have just returned from a short visit to the city of Charleston, and must say we were much pleased with the improvements made, and ma -1 *■•••«, --- , -- • • Many vacant lots which were then “visible to the naked eye,” have disappeared, and in their stead, fine ranges of brick stores meet the vision. I’his improvement is not confined to one particu lar portion of the city, but is discernable from South Bay' to Boundary street. Bay street is much improved, and so are Hayne, Meeting and King streets. The stores on Hayne and Meeting streets, where the principal wholesale Dry Goods, Hardware, Drug and Crockey business is done, present not only a fine, but an enticing appear ance—they are well filled with goods and beau tifully arranged. Bay street is a busy thorough fare, and the constant rattling of drays, omini buses, carriages, &c. is almost deafening to one accustomed to our smooth and noiseless unpaved streets. Among the recent improvements, which we not only noticed but took advantage of, was a new line of accommodation omnibuses, which run every halt hour from the Exchange to Line street, at the low fare of 6J cents each way. This line was just started w hen we arrived there, and we were pleased to see it so well encouraged. The proprietors of this line have started on a principle which is worthy of being followed— customers, cash and low juices. Our business led us principally among those merchants whose cards will be found in our columns. We found them obliging and atten tive, and so will such of our readers as may chance to visit our sister city. They all keep on hand good stocks of goods, and although similar descrip tions may be found at other stores in that city, we would advise all to give them a look before purchasing elsew here, for at this day it is gener ally conceded, that merchants who seek to make their business known, through that great leaver, the press, are anxious to make new acquaintan ces and extend their sales; and the more they can sell the cheaper they can afford to sell at. By encouraging them the purchaser benefits himself. Charleston at present has an advantage over her Southern sisters in steam communication. The Marion and Southerner, in the New Y'ork trade, (although inferior in dimensions and speed to the Flori da and Alabama, in the Savannah trade) are fine vessels, and meet with good en couragement. The Albatros and Osprey, in the Philadelphia Line, are comparatively small steamers, but sufficiently large for the infant trade between the two cities, to accommodate travel and commence. In a few years large steamers will be required. They are both, however, fine sea boats. The Isabel, which runs between Charleston and Havana, what shall we say of her ? Why that she is a model boat, and sits on the water like a duck. Although of 1200 tons burthen, to look at her, give a good land foot hold, and you would imagine you could push her along at the rate of about five knots an hour. Her commander, Capt. Rollins, and her agent M. 1 C. Mordecai, Esq., are both gentlemen. Then there is the Calhoun and Gordon, steamers run- ' ning between Charleston and Savannah, com- , nanded by Capts. Brooks and Barden, which are r mug, safe and comfortable boats, and will be f iound a great convenience to our merchants when j he Savannah river is low, as it is at the present j ime, in getting their goods round. ji ’ But the greatest improvement we have to no- j j tice, is the Charleston Hotel, under the proprie- j torship of our old friend and fellow citizen Mix- ! er. When we last visited that city, it was during the Yellow Fever ssason, shortly after he had ! taken hold. We scarcely knew the man. He i was doing a losing business in consequence of j : the fever, and his face was apparently as long as our arm. The Hotel had acquired a good name, j under his short management, and we thought i was one of the best in the Southern country. On ; our recent visit, there was a great change in the I Governor. His face presented the appearance of that of''Mine Hott"— cheerful, pleasing, but still a little perplexed with cares.—And we do not won- i der at it—for when he had taken us over his j large establishment and shewn us the different j and various costly improvements he has made | within the past six months —the numerous and '■ diversified departments under his supervision i during the twenty-four hours of each day—the 1 clock-like precision with which each was con i ducted —the cleanliness w ith which the house and ! rooms were kept—all under his immediate super j vision, we thought to ourselves, well Governor you have your hands full. His gentlemen's par lor is neatly, and comfortably furnished—his la dies parlor, will bear a comparison with any pri ' vate parlor in the city, which is saying much 1 when we speak of a city like Charleston. He i has added to the maiu building on Meeting street, a four story building fronting on Pinckney street, sixty-five feet, which runs at right angles about 1 seventy five feet towards Hayne street. On the first door of the Pinckney street building is his kitchen, which is kept in beautiful condition, and can conveniently do the cooking for all his house will contain, and some hundreds more. The kitchen leads to the gentlemen's dining room : above, the kitchen is the Ladies Ordinary sixty feet long—the two upper stories are in , tended for sleeping rooms. In the angle towards Hanye street, he has his washing and Laundress rooms, which occupy the first and second floors. . The two stories above are intended for servants, j He has an engine in the cellar in the rear of the main building, which by the means of pipes, and cisterns and wells in the yard, supply the main building with water, which is conveyed to the roof and deposited in tanks. Steam is also used in the washing,drying and mangling departments. Take the Charleston Hotel in the whole, it will bear a comparison with any in the country, and its landlord is hard to beat in attention, courtesy E and the recollection of old friends. His tables ' are furnished with the best the Charleston mar -1 ket (which is a good one) affords, his waiters I attentive, and the gentlemen connected with him in its management courteous, attentive and obliging. The South Carolina Railroad we found in ex -3 cellent condition, with great improvement in its . management. Under its President, H. W. Con | ner, F.sq., and the siqiervision ot J. D. Petsch, ! Superintendant of Transportation, there is a f marked improvement in the reception of the . mails and goods at this end of the line. Three . regular trains (two passenger and one express , goods.) now leave that city daily, besides the , regular freight trains. The same number leave this end of the road daily for Charleston. Un der the present arrangements of the Road, we e think our Merchants can depend on receiving their goods in due time by this route. There is one thing, however, to which we would call the attention of the President of this road. The up r reign is are unilorm uunng >he year, uui me rates for down freights are frequently changed. We would make a suggestion, and that is that a calculation tie made at what rate the company can carry cotton throughout the year from 1 Hamburg, and that they take the lowest figure, I says 30 cents per bale. They may lower this ra!eif they chose when our river is up, if they find it to their interest to enter into competition with the river, but 50 cents per bale is what our merchants are willing to pay the year round by both river and Rail Road, and any rise on this price, when we have a low river, looks to them like extortion, and only creates ill, when good , feelings should exist. T. [ A Good Definition. —Mr. Bocock, in his let ter accepting the democratic nomination for At torney General in Virginia, defines the Union cry set up by the Whigs to mean, a “Union of the Whigs with enough of the Democrats to car ry the elections in favor of the Whigs.” The weather in Georgetown. until|the morn- ' ing ot the 23d inst., was, with a single exception, unseasonably warm for October. On the 23d. however, it suddenly changed cool, and since Monday morning last, frost and even ice had been seen in the town. The True Republican of jyesterday, states that the out-door appearance indicates a continuation of cool weather. Memphis and her Rail Road.—The New j Orleans Bulletin says: “The cars for the Mem- i phis and Charleston Rail Road will be built at j Memphis. This is a commendable encourage- j ment to home manufactures, and creditable to our sister city. Forty cars have already been j contracted for. “The road to La Grange, a distance of between • forty and fifty miles, it is believed, will be com- j pleted by the Ist of August next if none of the contractors fail. The iron for this. T rail, 60 lbs. to the yard, will be received it is thought, by the middle of next month.” Judge Nelson’s Opinion . —Judge Nelson, of the U. S. Supreme Court, in his late charge to the Grand Jury at Albany, N. \\ says, the North cannot violate the Fugitive Slave part of the Federal compact, and then expect fifteen Slave holding States to live under a Government where sixteen States violate that part of the compact j most essential to them. To violate one part of the compact, therefore, he infers, is to break the ; whole, to dissolve the Government, to break up , : the Union; and thus the crime becomes one of j the very gravest character against the people of | the U. States, and the institutions they have es- I tablished. It is much to be regretted that Judge Nelson's opinions are not more generally enter- j taiued at the North. White Man vs. Black Man.—A despatch da- , ted Rochester, N. Y., Oct. 25, says:— “Great excitement was produced here, to-day, i in consequence of a new but very dark feature in i the political arena. The Whig District Conven- ■ tion met, this afternoon for the purpose of nomi nating a candidate for the Assembly; and on the first ballot it was ascertained that J. P. Milliner white man, had forty-four votes: Fred. Douglass’, -i black man, twenty-onejscattering, thirty-four.— j J Mr. Milliner was finally nominated, by one ma- p jority.” jjsi] Magnetic Crlrgrapjt. Reported lor the £on>titutio»ali»t ic Republic. New-Yom, Oct. 30. KCottos. —The market is drooping. Sales 1200 bales. Flour has declined six cents. SCO barrels of Spirits Turpentine have been sold at 37 cents per gallon. At Baltimore, Flour has declined 12 cents The sales of the week of Rio Coffee amount to 10,000 bags, at bto Oi cents, average 81. Stock 20,000 bags. The Agricultural Fair at Harrisburg is largely ! attended. ________________^ (■commercial. Augusta Market, Oct. 30—P. M. I COTTON—The sales to day reach about 300 bales at a decline of about one quarter of a cent from Wednes day morning's quotations. We quote fair 71. and fully fair 7] cents. NEW ORLEANS. Oct. 25.— Cotton. —Arrived since the 21st instant, 17.278 bales. Total receipts of the week 35.484 bales. Cleared since the 21>t instant. 11.119 bale- Total exports of the w eek 26.111 bales. Stock in presse>. and on shipboard not cleared on the 24th instant, 104.1j7 bales. Our last semi-weekly report closed upon an active - Cotton market, a slight decline in freights, and a rather market for the disposal of Exchange, having in duced buyers to operate more freely. On Wednesday there rather less activity, but business to a fair ex tent was trffo the salt's reaching st*oo Gal«r*. o u Thursday thcrTTvNM an improved enquiry, and about 6000 bales were Yesterday- foreign accounts, three days later, were P uM , ,c - **!?•%£s t l h “ Liverpool Cotton market tirithsL i: j^ !>alc T ol Y boo hales after the departure of the Aim . t there was a lair enquiry, but the recent not 6.*. ing generally sampled there was but a moderate supply immediately on sale, and the transactions therefore were confined to about 4uuo bales; making a total for the past three days of 15,»HX> bales, and for the week of 33.1U0 bales, taken for Great lirit&iu, France, the Conti nent, Mexico, and our Northern ports. In prices we have no marked change to notice, and we continue for mer quotations, at which the market was firm yester day. It is still tl»e general remark that the proportion of Cottons classing Fair and upward is unusually small this season, the great bulk of the receipts being more or less leafy. The receipts at this port since Ist September (exclu si\e of the arrivals from Mobile. Florida and Texas) ar**i 176.621 bales, again-1 102.574 bales to same date lastl year. Nkw Orleans Cl a sification. (assimilating to that\ of Liverpool.)—Louisiana and Mississippi. Inferior. ,tA —; Ordinary to Good Ordinary. 6a6} ; Low Middling to Midtiling. 0$ a7 ; Good Middling. 7J a 7j| ; Middling Fair 7$ a7] ; Fair. 8j aB3 ; Good Fair, nominal; Good and Fine, nominal. Sugar, Louisiana.—The receipts of new crop, since our last report, amount to 50 hlids., and we are advi-ed of the following sales—l7 hhds. good Common at 4f. 16 do Inferior at 3, and 15 do. good Common, of which 12 at and three at cents J.> lb- Also 5 hlids. made by vacunni jnoces*. at Oj cents [> It, Iu old nop there ar# no transactions worthy of note, and quotations are nominal. Molasses. —The last sales of new crop—of which we are advised—were 22 bbls at 26. and yesterday 40 barrels superior at cents j> gallon, the few arrivals of new some parcels of reboiled oi l crop have been -old as low as 15 cents |> gallon. Huron. —We have still to notice but a limited retail business doing in this article, and the ruling rates con tiiiue to be about t lie same before quoted, lie. for prime ribbed sides, and iu fair request at about 9 a lo]<* fur plain and bagged, and 11 a 12]<\ \> H> for good to choice sugar cured. Whisky. —The receipts have bueu quite light, but the demand is also extremely limited and we have heard ot only a few hundred bbls Rectified f-old at I'.'* a 20c l> gallon. For round parcels, however, even the lowest rate could not be obtained. W * hear of nothing doing in Common. MONTGOMERY. Oct. 27.— Cotton. —The receipts are large, most of the Cotton being stored on Planters* ac count. Our Warehouses are filling up very rapidly, in consequence of the unprecedented low stage of the riv er. We quote Good Middlings 6] to 6j: Middlings 6 to 6j The grades below Middling or above Good Middling are scarce, and not yet quotable in the market. ATLANTA, Oct. 20.—Cotton has been dull since our last issue—Sales light. We are able to quote extremes [ at from 6 to 7|. I Someslight changes in other articles, which appears in the prices current. MACON, Oct. 28.— Co'ton. —Since our last, the market has been steady with a good demand. The few lots of fered have found purchu.-ers readily at our quotations 1 We quote to-day t ; 4 a7] „ . COLCMBI S.Ga. Oct 2?, 1851 Stock on hand. Oct 1 800 Received this week 810 Received previously 1744 ~ 8214 Shipped this week 20 Shipped previously S 3 j Stock on hand ! , Wo ****** *«» report light receipts, all offered ta ken at 6 a 6} cents. >A4 AN NAIL Oct 30.— Cottcn —The market was quiet , yesterday, under the advices brought by the Europa The sales wore limited to 352 hale*; at former price- The following are the particulars : S at 73 ; 49 at at 7 9-16; 47 at 7 13-16. 61 at 7|; 147 at 8; and 20 bales atßj cents. SAVANNAH EXPORTS, OCT. 29. Per sohr. Virginia, for New York—322 bales Cotton. 7 casks Rice, and 5 pkgs. Mdze. Shipping iiitclligcnfc. ARRIVALS from CHARLESTON, llrig Palo Alto. Wood. New Orleans. | Schr. Elizabeth. Trout, Wilmington. CLEARED FOR CHARLESTON, j £hh> E. Bulkier. Brown, at New Y’ork. Ship Fairfield. Loveland, at New York. I r,kllf? l ?? T n X | ? ct ' ®r Ar r lir - ship Mii-mac. AuM. Glasgow via llaUa\: l»ng dull,a:-. Phillips. Havana; Point r rt ls ‘ Xew V°rk; GasSunas, Mill j Mone Point, Conn. 1 V CM. ship Columbia, Orumlav. New York; barque Isa bela. Humphrey. Boston; ketch Brothers Lovell. New I Orleans: schr. L. Waterbary, Crammer. Alexandria, Va. I ent to sea, steamship Albatros, Dixon. Philadelphia: ! ship Amelia. Agry. Liverpool. ; .. f AXXAIT. Oct. .70.—Arr. barque Scotland. I’ercv, | Aewlork; brig Mazatlan,Rose.Thomaston. (Me.:) brig '?e*ie. Belfast. (Me.:) brig May y.ieen. Lodge, Philadelphia. Old. schr. Virginia. Hobart. X. w York. Went to sen. brig Francis Lord, Gladding. Boston, schr. Yi oodbndge. Bradford. Baltimore. THE PECTORAL ELIXIR, PREPARED BY WM. 11. TP IT. M. I). THIS REMEDY is warranted to cure Coughs, Asthma, Bronchitis, Croup, Pleurisy. Pneu monia, Liver Complaint and Consumption in its in- I cipient stages. Those who want evidence of the / merit of this medicine, oan he satisfied by calling on Z the subscriber, who will show them several hun- ,jT dred certificates from all parts of the State. It is prepared entirely of vegetable substances, at WM. 11. XL TTS Drug Warehouse, where it may be had. wholesale or retail, or of oct 29 d6ie2 W. H. A J. TCRPIX. Tl> HIRE, a GIRL, about 12 or 15 years old Apply at this office. ts oct 28 EXECUTORS’ SALE. We will sell, on the first Tuesday in NOVEMBER, at the Market House in Augusta, the following property, belonging to the Estate of Charles Cum ningbam, deceased; Robert, a first rate Coachman. House Servant and Barber. One fine Riding Pony. 2 Horses, 3 Mules, 3 Cows, 1 Carryall and Harness, 3 Two-horse Wagons, 1 splendid new Road Wagon, never used. } do. do. partly used. 1 Taplcy's Horse Power, never used 12 large Double Plows. 20 Single do. Lot of Subsoil do. Lot Harrows, Hoes, Axes, Gear, Ac., Ac. Terms cash. JOHN BONES, ) MM. J. EVE, >Executors. OWEN P. FITZSIMONS, ) oct 29 dtd DRESS PATENT SHANK BOOTS. rI'ST received at our New Iron Front Store, op posite the Masonic Hall, a beautiful lot of those LATENT SHANK BOOTS, oct 26 ALDRICH A ROYAL.