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About Daily constitutionalist. (Augusta, Ga.) 1846-1851 | View Entire Issue (May 18, 1849)
THE CONSTiTUTIONALIST, JAMES GARDNER, JR. TSSMS. Drily, per ...... ......5*3 OU Tri-Weekly, per annum.. 6 00 11 paid m advance .5 00 Weekly, per annum, if paid in advance....- 00 i’heae terms are offered to new subscribers and all old subscriber who pay up all arrearages. In uo case will the weekly paper be sent at £-> unless the money accompanies the order. In no case will it be sent at 52,00 to an old sub scriber in arrears. I? When the } car paid for at expires, the p iper, if not discontinued, or paid for in advance, will he sent on me old terras, SJ.SO if paid at tha office within tneyear. or *1 paid alter *ue expiration of tneyear. j'p*Postage must be paid on all communications aud letters of Dusmess. The Contested Marriage BY A BARRISTER. [CONCLUDED.] On reaching my chambers, about four o'clock in the afternoon of that day. I found the ladies there, and in a state of great excite ment. Mr. Ferret, my clerk had informed them, had called twice, and seemed in the highest spirits. We had wasted but a few mi nutes in conjectures, when Mr. Ferret, having ascended the stairs two or three at a time, burst, sans ceremonie, into the apartment. “Good day, sir. Lady Compton, your most obedient servant—madam, yours ! All right! Only just in time to get the writ sealed ; serv ed it myself a quarter of an hour ago, just as his lordship was getting into his carriage.— Not a day to lose ; time. Capital, Glo rious !” “ What do you mean, Mr. Ferrett ?” exclaim ed Emily Dalston ; her sister was too agitated to speak. “ What do I mean? Let us all four step, sir, into your inner sanctum, aud I’ll soon tell you what I mean.” We adjourned, accordingly, to an inner and more private room. Our conference lasted about half an hour, at the end of which the ladies took their leave ; Lady Compton, her beautiful features aUernately irradiated and clouded by smiles and tears, murmuring in a broken, agitated voice, as she shook hands with me • —“ You see, sir, he attended at last to do us justice.” The news that an action had been brought on behalf of an infant son of the late Sir Harry Compton against the Earl of Emsdale, for the recovery of the estates in the possession of that nobleman, produced the greatest excite ment in the part of the county where the pro perty was situated. The assize town was crowded on the day the trial was expected to come on. by the tenantry of the late baronet and their families, with whom the present landlord was by no means popular. As I passed up the principal street, towards the court-house, accompanied by my junior, T was received with loud hurraings and waving of handkerchiefs, something after the manner, I suppose, in which chivalrous, steel-clad knights, about to do battle in behalf of dis tressed damsels, were formerly received by the miscellaneous spectators of the lists. Numer ous favors, cockades, streamers, ot the Comp ton colors, used in election contests, purple and orange, were also slyly exhioited, to be more ostentatiously displayed if the Elmsdale party should be beaten. On entering the court, I found it crowded, as we say, to the ceiling. Not only every seat but every inch of standing-room that could be obtained, was Occupied, and it was with great difficulty the ushers of the court preserved a sufficiently clear space for the ingress and egress of wit nesses and counsel. Lord Emsdale, pale and anxious, spite of manifest efforts to appear contemptuously indifferent sat near the judge, ■who had just entered the court. The Arch bishop of York, whom he had supoenaed— why, his grace had openly declared, he knew not —was also, of course, accommodated with a seat on the bench. A formidable bar, led by the celebrated Mr. S , was, I saw, array ed against us, though what the case was they had to meet, so well had Ferret; kept his se cret, they knew no more than did their horse hair wigs. Ferret had solemnly enjoined the sisters to silence, and no hint, 1 need scarcely say, was likely to escape my lips. The jury, special, of course, were in attendance, and the case —“ Doe, demise of Compton versus Ems dale”—having been called, they were duly sworn to try the issue. My junior, Mr. Frarnpton, was just rising “ to state the case,” as it is technically called, when a tremendous shouting, rapidly increasing in volume and dis tinctness, and mingled with the sound of car riage-wheels, was heard approaching, and pre sently Mr. Samuel Ferret appeared, followed by Lady Compton and her son, the rear of the party brought up by Sir Jasper Thornely, whose jolly, fox-hunting face shone like a full-blown peony. The lady, though painful ly agitated, looked charmingly ; and the timid, appealing glance she unconscious!}-, as it were, threw round the court, would, in a doubtful case, have secured a verdict. “ Very well got up, indeed,” said Mr. S , in a voice suffi ciently loud for the jury to hear —‘ very effec tively managed upon my word.” We were, however, in too good humor to heed taunts ; and as soon as silence was restored, Mr. Frarnpton briefly stated the case, and I rose to address the jury. My speech was purposely brief, business-like, and confident. I detail ed the circumstances of the marriage of Violet Dalston, then only eighteen years of age, with a Mr. Grainger ; the birth of a son, and subse quent disappearance of the husband ; conclu ding by an assurance to the jury that I should prove, by incontrovertible evidence, that Grainger was no other person than the late Sir Harry Compton, barone r . This address by no means lessened the vague apprehensions of the other side. A counsel that, with such mate rials for eloquence, disdained having recourse to it, must needs have a formidable case. — The smiling countenances of Mr. S and his brethren became suddenly overcast, and the pallor and agitation of Lord Emsdale sen sibly increased. We proved our case clearly, step by step; the marriage, the accouchement, the handwri ting of Grainger—Bilston proved this—to the letters addressed to his wife, were clearly established. The register of the marriage was ■ produced by the present clerk of the Leeds church; the initials Z. Z. were pointed out; and at my suggestion the book was deposited for the purposes of the trial with the clerk of I the court. Not a word of cross-examination 1 had passed the lips of our learned friends on the other side ; they allowed our evidence to pass as utterly indifferent. A change was at hand. Our next witness was James Kirby, groom to the late baronet and to the present earl.— After a few unimportant questions, I asked him if he had ever seen that gentleman before, pointing to Mr. Ferret, who stood up for the more facile recognition of his friend Kirby. “ Oh, yes, he remembered the gentleman >vell; and a nice, good-natured, soft sort of a gentleman he was. He treated witness, at the ‘Albemarle Arms,’ London, to as much brandy and water as he liked, out of respect to his late master, whom the gentleman seemed un common fond of," wmmmmmmmmmmmammmmmmmmammmmmaaßms “ ell, and what return did you make for ! so much liberality ?” “Return! very little, I do assure ye. I told un how many horses Sir Harry kept, and how many races he won ; but I could’nt tell un much more, pump as much as he would, because, do yer see, I did’nt know no more.” An audible titter from the other side greet ed the witness as he uttered the last sentence. M r . g , with one of his complacent glances at the jury-box, remarking in a suffi ciently loud whisper, “ That he had never heard a more conclusive reason for not telling in his life.” “ Did you mention that you were present at the death of the late baronet?” “ Yes. I did. I told un that I were within about three hundred yards of late master when he had that ugly fall ; and that when I got up to un, he sort of pulled me down and whis pered hoarse-iike— ‘ Send for Reverend Zi chariah Zimmerman.’ 1 remember it, it was sich an outlandish name like.” “ Oh. oh,” thought I, as Mr. S reach ed across the table for the parish register, “ Z. Z. is acquiring significance, I perceive.” “ Well, and what did this gentleman say to that r” “Say? Why, nothing particular, only seemed quite joyful ’mazed like ; aud wh n I asked un why, he said it was such a comfort to find his good friend Sir Harry had such pious thoughts in his last moments.” The laugh, quickly suppressed, that follow ed these words, did not come from our learned friends on the other side. “ Sir Harry used those words ?” “ He did ; but, as he died two or three mi nutes after, it were of course no use to send for no parson whatsomever.” “ Exactly. That will do, unless the other side have any questions to ask.” No question was put. and the witness went down. “ Call,” said I to the crier of the court —“ call the Rev. Zachariah Zimmerman.” This was a boa;b-shelh Lord Emsdale, the better to conceal his agitation, descended from the bench and took his seat beside his counsel. The Rev, Zachariah Zimmerman, examined by Mr. Frarnpton, deposed in sub stance as follows ;—“ He was at present rec tor of Dunb}*, Shropshire, and had been in holy orders more than twenty years. Was on a visit to the Rev. Mr. Cramby at Leeds, seven years ago, when one morning Mr. Cramby, be ing much indisposed, requested him to per form the marriage ceremony for a young cou ple then waiting in church. He complied, and joined in wedlock Violet Dalston and Henry Grainger. The bride was the lady now pointed out to him in court; the bride groom he had discovered, about two years ago, to be no other*than the late Sir Hany Compton, baronet. The initials Z. Z. were his, and written by him. The parish clerk, a failing old man, had not officiated at the mar riage ; a nephew, he believed, had acted for him, but he had entered the marriage in the usual form afterwards.” “ How did you ascertain that Henry Grain ger was the late Sir Harry Compton ?” “ I was introduced to Sir Harry Compton in London, at the house of the Archbishop of York, by his Grace himself.” “ I remember the incident distinctly, Mr. Zimmerman,” said his Grace from the bench. “ Besides which,” added the rec*or, “my present living was presented to me, about eighteen months sine*’, by the deceased baro net. I must further, in justice to myself, ex plain that I, immediate.y after the introduc tion, sought an elucidation of the mystery from Sir Harry ; and he then told me that, in a freak of youthful passion, he had married Miss Dalston in the name of Grainger, fearing his uncle’s displeasure, should it reach his ears ; that his wife had died in her first con finement, after giving birth to a still-born child, and he now wished the matter to re main in oblivion. lie also showed me several letters, which I then believed genuine, con firming his storv. I heard no more of the matter till waited upon by the attorney of the plaintiff, Mr. Ferret.” A breathless silence prevailed during the delivery of this evidence. At its conclusion, the dullest brain in court comprehended that the cause was gained; and a succession of cheers, which could not be suppressed, rang through the court and were loudly echoed from without, Sir Jasp r’s voice sounding high above all the rest. Suddenly, too, as if by magic, almost everybody in court, save the i jury and counsel, were decorated with orange j and purple flowers, aud a perfect shower of | them fell at the feet and about the persons of Lady Compton, her sister, who had by this time joined her, and the infant Sir Harry. As soon as the expostulations and menaces of the judge had restored silence and order, his lord ship, addressing Lord Emsdale's senior coun sel, said, “ Well, brother 8 , what course 1 do you propose to adopt?” •• My 'ord.” replied Mr. S , after a pause, “ 1 and my learned friends have thought it our duty to advise Lord Emsdale that fur ther opposition to the plaintiff’s claim would prove ultimately futile ; and I have therefore to announce, my lord and gentlemen of the jury, that we acquiesce in a verdict for the i plaintiff.” “ You have counselled wisely,” replied his 1 lordship. “ Gentlemen of the jury, you will, j of course, return a verdict for the plaintiff.” i The jury hastily and joyfully assented; the ! verdict was recorded, and the court adjourned fur an hour, in the midst of tumultuous ex ! citement. The result of the trial flew through the crowd outside like wildfire ; and when Lady Compton and her sou, after struggling through the densely-crowded court, stepped into Sir Jasper’s carriage, which was in wait | ing at the door, the enthusiastic uproar that ensued—the hurraing, shouting, waving of hats and handkerchiefs —deafened and bewil dered one; and it was upwards of an hour ere the slow-moving chariot reached Sir Jasper’s mansion, though not more than half a mile distant from the town. Mr. Ferret, mounted j on the box, and almost smothered in purple and orange, was a conspicuous object and a l prime favorite with the crowd. The next day, J Lord Emsdale, glad, doubtless, to quit the neighborhood as speedily as possible, left the castle, giving Lady Compton immediate pos | session. The joy of the tenantry was unbound ed ; and under- the wakeful superintendence of Air. Ferret, all claims against Lord Ems dale for received rents, dilapidations, etc., were adjusted, we may be sure, not adversely to his client’s interests ; though he frequently complained not half so|satisfactarily as if Lady Compton had not interfered, with what Mr. i Ferret deemed misplaced generosity in the | matter. As I was obliged to proceed onwards with I the circuit, I called at Compton Castle to take I leave of my interesting and fortunate Client a ; few days after her- installation there. I was j most gratefully received and entertained. As I shook hands at parting, her ladyship, after pressing upon me a diamond ring oi great value, said, whilst her charming eyes fihed with regretful, yet joiful tears, “Do not for get that poor Henry intended at last to do us justice. Prosperity, thought I, will not spoil that woman. It has not, as the world, were I authorized to communicate her real name, would readily acknowledge. Ik The New \ork Herald gives the following i account ot the escape of Mr, Macreadv from the theatre, and his departure from that city : Mr. Macready escaped from the theatre with great difficulty. He disguished himself • and passed through the crowd unnoticed.— I He left the New York Hotel, and departed I # f from the city, at three o’clock on Friday ' ! morning, accompanied by several of his friends. He expressed his determination to return no tnore for ever. His baggage was taken away i yesterday morning, at five o’clock, in charge of a friend. After the i" log of the first round from the military, a hi cf Mr. >h cfeadv told him that there had been blood- which affected him very much. He threw up his hands and exclaimed, “My God, has my appearance led to the sacrifice of hu manjife! I wish I had adhered to my first resolution, and not s'ielded to the solicitation of my friends. They assured me there would be no difficulty,” He then retired to his dress ing-room, and prepared to leave the theatre. After having got safely to the New York Ho tel, it was deemed prudent by himself and , friends that he should leave the city as soon as possible, lest an attack should be made upon that house. The uniform of a soldier was procured, and in that disguise he left the hotel on horseback, for New Rochelle, where he could wait for the first morning train for Bos ton. It is said that he passed -though a por tion of the crowd, on his way out of the city, but did not excite their suspicion. He was accompanied by several military officers, who acted as an escort and body-guard, until he was clear of the city. [From the Southern Recorder,] Minute of Points argued and detevmenad in the Supreme Court of Georgia- at Mill cdgevilie May Term. 1319. No. 1, Sidney R. Crenshaw vs. Mathew F. Jackson —Assumpsit &c. in Oglethorpe. 1. A claim of damages for breach of warranty is not a liquidated demand, which can be plead ed as a subject matter of set-off. 2. A promise, for a valuable consideration, to pay the amount of a promissory note by the transferrer to the transferree, is a good subject matter of set-off. 3. Where a party transferring a note, states that the maker “is good, and if not good, I arn goad,” Held, that this declaration is admissible evidence to sustain a promise to pay the amount of the note. 4. It is irregular in practice, for the testimony of the party examined by commission to bear rested for the purpose of allowing the other party to introduce evidence to show another fact, which, if proven, would render the tes timony inadmissible. 5. If one party seeks to rule out the testi mony of an agent introduced by the other, on the ground that the agency was in writing, the testimony must be clear to prove the written authority. L. H. Stephens for Plaintiff in error —T. R. Cobb for Defendant in error. Judgment affirmed. No. 2. Jesse Robinson, Guar. vs. John Schley. Deff't. and William Cooper, Clm’t. —Fi fa and claim from Richmond. 1. If the claimant seeks to show that a j udg rnent has been discharged by payment, he must show the payment made to the plaintiff in fi fa or the person holding a legal control thereof. 2. An assignment of a judgment under the statute should be in writing: but if the assign ment be by parol, the assignee takes an equita ble interest in the judgment, and may use the name of the plaintiff in fi fa for the purpose of enforcing the same. 3. An instrument may be a will in part and a deed in part. 4. A remainder in personality may be creat j ed by deed, reserving a life estate to the gran tor - 5. An instrument conveying negroes abs lutely to the grantee, his heirs and assigns _ “but I do hereby save and reserve to myself a life estate i i the property above conveyed t i the said A. B. his heirs and assigns”—Held t } , be a deed and not a will. : 0. The claimant is entitled in all cases to i show that the fi fa levied on the property is void or invalid either by nnyirent or other wise. 7. It is error in the Court in its charge to the Jury, to assume or charge any fact to have b ‘cn proven, where the testimony is at all con flicting. A. J. Miller for Pl’ff. in error—Kellum and | Cone for Deft. Ju Igment reversed. No. 8. Schley vs. Trustees, 6jC, —Trover, from } Washington. 1. A. makes a postnuptial settle ment to trustees, in trust fc; is own use during his life, and within nine mon ' from his death, by some reasonable conveyance, ' secure the property to his wife, him suivj *, and the issue, if any, of the marriage; if 110 issue, to the wife alone —should she irutsry, then to bt turned over to his half brother. A. dies, and no issue within nine months, — Within the nine months the Ttustecs com menced an Action of Trover for one of the ne groes conveyed. Pending the action the wife married. Held, Ist. That this was an executory trust until the expiration of the nine months. 2. That the second hu.->bar» l was not a neces sary pafty-plaintiff to this action ot Trover. 3. The measure of damages in Trover, as a general rule, is the interest of the party at the time of the conversion. And in this case the Trustees were entitled to recover the whole value of the negro, and not the hire alone, un til the expiration otthe nine months. 4. Where a Bailee brings Trover against the absolute owner, the measure of damages would be the qualified interest created by the bail ment, but in an action against a stranger, tae whole value of the pro erty. 5. The evidence of the publisher of a news paper to prove that an advertisement was pub lished in his paper, and that the copy submit ted, is a true copy of the advert sement, as ap pears by tbe paper of tile in his office, is ad missible, where the paper cannot be produc ed. James Thomas and I. L. Harris for Pi ff. Q. Skrine for Deft. Judgment affirmed. No. 4. Robinson vs. King —Caveat from Washington. 1. A Testator bequeaths as follows: “It is my will and desire that my old servant Ret and her children shall live comfortable, under the supenntendance of my friends Samuel Robin son and Henry Woods, into whose care and protection 1 give and place the negroes herein named, in view of their being treated with hu manity and justice, subject to the laws made and provided In such cases.” Held, that this legacy is void under the Act oi 1818 —as an attempt to manumit these slaves. 2d. It is competent by parol evidence to show that a legacy was given, with a secret trust that the slaves bequethed should enjoy a state of freedom. 3d. The relative position of the testator and witnesses should be suoh at the time of the at testation of the will, that the testator could see the witnesses, whether he actually saw them or not. Judgment affirmed. I. L. Harris and Jas. Thomas for Pl’ff. E. H. Baxter and Jenkins for Deft. No. 5. McGehee vs. Cherry —Garnishment, from Morgan. I. The lien of a judgment does not bind a promissory note due the defendant, so as to deprive him of transfering it in pay ment of another debt. Judgment affirmed. Foster —represented by Cobb—for Pl’ff. A Reese for Deft* No. 6. Crawford. Gov. &c. vs. Meredith and another —Debt, from Wilkinson. 1. A Sheriff’s bund attested by only two Justices of the Inte rior Court, is not good as an official bond. Judgment affirmed. Cochran an 1 Cone for Pl’ff. I, L. Harris fort, ! No. -7. Cason vs, Cheely ,y Co. —Case from 1 Warren. 1. An executory contract for the sale of goods and chattels is within the provisions j of the stature of frauds. 2d. A contract to sell and deliver a crop of cotton of greater value than ten pounds sterling | —when gathered and ready for market —is within the provisions of the statue ot frauds. Judgmet reversed. Johnson and Thomas for Pl’ff, in Error, A. H. H. Dawson and W. C. Dawson for I Deft. No. 8. Justices Sw, Baldwi i Co. vs. Bivins — Mandamus, Baldwin. Where a sheriff is im prisoned under an attachment for failing to pay over money collected on an execution, and is subsequently discharged from insolvency with out paving the Jail fees— Held. That this im prisonment under our stati e is a civil remedy of the party, and that the county is not liable for the payment of the Jail fees. Judgment reversed. I. L. Harris for Pl’ff. Kenan and Dawson for Deft. No. 9. Tucker, Assignee vs. Butts and others —Garnishment, Baldwin. An attornay at law , is subject to the process of garnishment for mo ney collected as attorney', for a client. Judgment reversed. R. V. Hardemtn for Pfff. I. L. Harris for Deft. No. 10. Bank of Charleston vs. Wm. Dearing and others —ln equity, Richmond. This Court will not control the discretion of the court be low in granting amendments, unless in cases of gross abuse. Judgrnent affirmed. A. J. Miller for Pl’ff. W. T. Gould for Deft. No. 11. Dye vs. Wall —Deceit, Elbert. In an action lor deceit in sale of a negro slave, by fdsely warranting the slave to be sound— Held, that a bill of sale to the negro is admissible in evidence to prove the sale, al though not specifically declared on the peti tion. Judgment reversed. Dawson for Pl’ff. T. R. R. Cobb for Deft. No. 12. Brewer, Ex' or, vs. Brewer.—Assump sit. Jasper. An acknowledgement in writing that a sum of money is due to another, is sufficient to take a case out of the Statute of Limitations. Dawson for Pl’ff. —A. Reese and Cone for Deft. Judgment reversed. No. 13. Merritt and others vs. Ad/n'rs of Scot —ln Equity. 1. Marriage Articles will be executed in favor of all persons coming within the scope of the consideration of the marriage, but not in favor of mere volunteers. 2. Where a Court of Equity executes arti cles in favor of persons within the scope of : the marriage consideration, it will at the same time execute it also as to volunteers, it being the rule ot Equity to do nothing by halves. 3. Persons having natural claims upon the parties, such as settlers and their issue, and those claiming through them also, come with in the scope of the marrage consideration. 4. The mere fact that collaterals afe the first mentioned, in the limitations of the arti cles, does not bring them within the scope of the marriage consideration. 5- Where, upon application to a Court of E juity, the Marriage Articles are executed as to one of the settlers without being executed as to the volunteers —Held, that upon a sub sequent application to a Court of Equity, the former decree cannot be invoked in favor of the volunteers. Cone for the Pl’ff. —Rockwell for Deft. Judgment affirmed. No. 14. Robson, Adtnr., vs Howell and Wife ) —ln Equity, Morgan. 1. Parol declaration of a Trust in lands will not be enforced in Equity'. 2. Parol declarations ot a Trust in Personalty will be enforced in Equity'. J. Hillyer and Cobb for Pl’ff.—A. Reese and Cone for Def’t. Judgment Affirmed in part: Reversed in ; nart. From the X. O, Cresent, May 12. Good News. — Very Late f rom the Crevasse, j —Mayor Crossman received an express, at a 1 late hour last night, from tbe crevasse at Mr i Sauve’s plantation, which brings the cheering j that the operations were going on suc ! cessfully,’with every indication of those era ■ ployed being able to stop the further flow of ■ water during the day (Saturday.) The mes -1 | senger left the crevasse, at half past 10 last night. The stories current during the eve -1 ning, of the increase of the crevasse, we are pleased to learn, were destitute of truth.— 1 Should no untoward accident occur, our citi zens of the inundated districts will in a aay j or two be once more on dry laud. The Crevasse. —Our accounts yesterday I morning from the Crevasse were encouraging, leading every one to the belief that all danger was past, and that the opening would very soon be closed. Xor have we yet any po.-itive information which would cause us to infer the ■ contrary', although last evening there was a rumor very generally prevalent that the whole work had been swept away. We tried to trace the report to some reliable authority, but could not succeed in doing so. Night before last a small portion of the work gave away, but at 12 o’clock yesterday all was proceeding finely again. Last evening a requisition for more men and materials arrived, which shows that then much remained to be done. We are told that many of the laborers had | left the ground, which occasioned the de -1 mand for more men. Nothing can be‘more I commendable than the zeal and persever | ance with which Mr. Sauve and his neigh ! bors have labored to prevent further damage, I in the face of difficulties and disheartening circumstances Buffibieut to appal and deter j almost any’ one. If the city had shown half the energy we should not now be exposed to j the dangers and annoyances of an inundation. In the city' the rise of the w-aters was not so great yesterday as it had previously been, al . t .ough it did rise a little. Th- water coutin -1 ues to pour into the new canal with the velo- I city of a mill race, yet it does not seem to af fect the flood above. Those persons residing in the inundated district are subject to great inconvenience, if nothing more, and many ol them can only' approach their habitations in skiffs. The levee built along the lower bank of the new canal remains intact in spite of the i threats to demolish it. Notwithstanding this 1 the water made its appearance yesterday in the back portions of the 7th ward. I’he Crevasse.—A friend who # y'esterday' visited the crevasse at Sauve’s plantation, re j ports that the work of filling in the break 1 is going on with the greatest activity.— j j Ihere are a very large Body of men at work, under experienced directors. There are also ! two steamboats upon the spot, engaged in con veying bags of earth from the neighboring plantations, and in towing away any rafts of timber that are liable to be sucked in by the strong current against the present partially completed work. Two rafts have already, 1 within the two days done much damage 1 in this way. Ihere was y’esterday a row of large piles, ! driven by a pile driver, made completely across . the crevasse. Between each pile small were driven down, and bagi filled with earth* sunk upon the outer side, making quite a sub- j stantial break water for the moment. It is I next intended to drive another row of large | piles, to fill in the vacancies between those \ in the first place, whioh, it is hop*d, I at ill give a sufficient protection to enable the workmen to erect a permanent earth levee in the rear. Great apprehension is felt and doubts expressed, that the piles already driv en are now partially undermined, or soon will be, as the water is said to be much deeper than it was three days since in the place where they are driven. Crevasse ax Fortier’s. — The extensive crevasse at. Fortier’s has attained a width ot 250 to 300 feet, and all efforts to close it have been given up. The water rushes through the opening with great velocity, and the c oun try on the other side of the river is overflow ed for miles. The planters seem to rely en tirely on the falling of the river for getting rid of the water on their plantations; and it I there should be the usual June rise, it may be August before rhe crevasse is closed. In the j overflow of 1816, however, the river fell in | May. it may do the same in 1849. | the 'lnstitutionAidsr. Augusta, (Georgia. FRIDAY MORNING, MAY 18 SEE FIRST PAGE. Coosa River Navigation. The great importance of the large and in creasing trade of the valley of the Coosa with the city of Augusta, is we fear not sufficient]} appreciated by our citizens. It is a trade to be desired, to be sought, and to be encouraged by every moans in their power. Weturapka and Montgomery, rivals with Augusta for this trade, formerly enjoyed a monopoly of it. — But since, by the enterprize of Capt. Rafferty, the navigation of the Coosa for Steamboats up to Rome has been found practicable, a largt trade has been directed this way. Most of this comes to Augusta, and there is even prospect that it will to do so. — It is therefore in a high degree Important that Augusta should use exertions to facilitate and increase that trade. There is one obstacle to this trade, ami to the intercourse of our city with her new found customers on the Coosa, which should be re moved, and we hope our citizens will contri bute their aid to its removal. This is a shoal about a mile and a half below Rome, which in low river completely obstructs Steamboat navigation. This removed, and an uninter rupted navigation of 175 miles through a fer tile and productive cotton-growing region, chiefly lying in Alabama, will be attained. Captain Ihley, commanding a steamer on that river, and Col. Cothran, of the firm ot Jeffers & Cothran, are now in our city, and solicitous to enlist the public sentiment ot oui citizens in favor of a project to render thi shoal navigable. They represent that this can be done at a cost of two thousand dollars, b} means of dams, which will throw back a bod} of water sufficient to give depth enough or the shoal at the lowest stage of the river. Th* statistics of this trade, which they are read} to submit, and the prospects of its great in crease, all of which, or nearly all, will center in Augusta, should enlist the warmest inte rest of our mercantile community, \\ e hope they will be heard with a favorable ear. There is danger that Augusta may lose this trade, or a considerable portion of it, unless something is done. At any rate, it is ven certain tha* - , if this proposed improvement tc the navigation is effected, much additional produce, which now goes down the river, will come to our city. Concert of the Sable Melodists- Inclement as was the weather last evening, a good house greeted these agreeable musi cians on this, their first appearance in our city. A number of ladies complimented the troupe with their presence, being unwilling to lose so great a musical treat. It is the best music oi the kind we have ever had here. None who attend this evening can fail to be pleased. The encomiums of the press are ful ly deserved by this truly musical company. California Hotel at Gainesville. This is an old triend, with a new name and a new ooat (of paint;) and, if the interior ar rangements and cuisine are not changed for the worse, it is still, what it has hitherto be >n, a capital Hotel. We take pleasure in calling attention to the Card of Col. Griffin, the gentlemanly propri etor. He understands well how to make his guests comfortable. With a fine hotel, pure water, salubrious air, pleasant drives, and a constant variety of company, Gainesville is an attractive place. It offers decided advan tages to invalids. Its pure, dry air, and gentle breezes rarely fail to bring back roses to the pale check and vigor to the relaxed frame of the sufferer who gives a fair trial. Tribute to the Memory of the Reverend Hugh Smith We received some time since, a copy of the following resolutions for publication, and would have taken pleasure in laying them promptly before our readers, but the copy was mislaid, and we have consequently been una ble until to-day, to give them a place in our columns. The high esteem in which this dis tinguished and truly pious divine was held in this community, where he was for many years the beloved Pastor of St. Paul’s Church, will justify the warmest language of eulogy. At an adjourned meeting from Easter Mon day last, of the Rector, Warden, and Vestry of St. Paul’s Church, Augusta, Georgia, held at the Rectory, on the 12th of April, 1849, the following resolutions were unanimously adopted;— . Resolved, That we have learned with deep CT rief the death of the Rev. Hugh Smith, D. D., of the Diocese of New York; yet bowing with unfeigned submission to this dispensation csf I Divine Providence, not only as persuaded of i it 3 infinite righteousness, but also that while it has deprived the Church of the labors of an | eminent and usetul Presbyter, it has through the grace of God in Christ Jesus, consumma ted an honorable and successful career ot ministerial duty, with the blessed reward of 1 thoser who turn many to righteousness, and. crowned aide of some more than ordinary trial. ■ and pain, and suffering, with the rest and 1 peace which remain for the laithtul. i Resolved, That while the Church at large j mourns the death ot Dr. Smith, that event awakens feelings of peculiar sadness in the parish which we represent, lo the zealous ! agency of Dr, Smith in early stage of his min | istry, this pariah owes, under God, its first j foundation, its subsequent firm establishment, j under many discouragement*, and tha rearing of the chaste and commodious edifice from which our prayers and praises still ascend to the Divine Majesty. While there are many still lett among us, —among whom he dedicated to their Redeemer in “the washing of Regene ration, some whom he united in holy wed dock, and others to whom he has broken the Eucharistic Bread of Life, who entertain asso ciations ot affectionate and sober interest with his exercise of the pastoral office among them for a period of thirteen years, during which he ever approved themself the devout offerer of the Church’s prayer and praises, the elo fuent and persuasive preacher, the faithful -pintual guide, and the unselfish, tender hearted and sympathizing friend of his flock, in all their seasons of trouble, sorrow, need, sickness, and other adversities. * Resolved, That we tender to the bereaved •widow and children of the deceased, the a«- >u r ance of our sincere and heartfelt sympathy under the heavy trial to which they have been called; commending them to the Almigh ty care and guardianship of Him who can more than supply to them the loss of their beloved earthly head and protector, and to :hose rich fountains of consolation, which :heir faith cannot fail to draw from the pre cious promises of the Gospel, viewed in con nection with the Christian virtues and graces which adorned the life of him whom they mourn. Resolved, That certified copies of those re solutions be transmitted by the Secretary to the beloved and respected widow of the de ceased, and also to the publishers of “The Churchman,” and “The Protestant Church man,” fee publication in their respective journals. True extract from the Minutes. G. McLaughlin, Secreatry, Small Pox at the Iron Works and Car . tcrsvillo- WEEKLY REPORT of the Board of Health of Small Pox, at these, places, for the week ending the loth of May, 1849. lAt the Iron A'. Carters ) M T orks. vide. So. ot New Cases.... I none. none No. of Deaths ’.. j none. none. No.jiowSick, none. none. No. Convalescent | 4. none. It is observed that the Board of Health have been permitted to realize their anticipations ui regard to the disappearance of this disease it the Iron Works and Cartersville. The Physicians, in their Report for this*.week, have furnished us a clean Bill of Health, and resigned their charge, asking leave of absence. It is with pleasure, therefore, that the Board announce the fact to the public. Resolved, That the above Report be signed oy the Chairman and countersigned by the Secretary, and forwarded to the Caasville Standard; Southerner, Rome, Oa.; Georgia Constitutionalist, and Chronicle & Sentinel, Augusta, Ga., for publication. & A true extract from the minutes of tha Board of Health ; MARK A. COOPER, Chairman . Joashly James, Secretary. [From the Charleston Mercury—By Telegraph.\ ARRIVAL OF THE CANADA. At half-past 9 o’clock last evening we re ceived intelligence that the steamer’s arrival •vas telegraphed from S‘. Jol u’s, and in a few minutes after the despatches of our prompt and efficient telegraphic agent commenced coming <ver the wires. We annex his full and com piehensive abstract. Baltimore, May 16, 6 p. m. The Canada has arrived at Halifax, with me week’s later intelligence, and her news was received at St. John’s this morning by -pedal express for the Associated Press, and aas been telegraphed to this city. The Cana la has made a splendid run out and back. I -end you an abstract of her intelligence: THE MARKETS. Liverpool, May 5. —Since the departure of the Hibernia, the imports of Cotton have uuouuted to 113,277 bales, of which 104,149 >ales were American, Notwithstanding these heavy imports, the prices of American, parti cularly of low and middling qualities, are higher, as are also Egyptam and Brazils. Fair Upland is quoted at 4g and Fair Orleans 4* The sales of the week ending May 4, amount ed to 46,190 bale-, of which nearly 30,000 were American. Os this speculators took 360 bales, and 2710 were sold for exportation. la the Grain market there is considerable depression. The weather lately has been very fine, and most favorable for the coming crops, which induces buyers to confine their opera tions to theii immediate wants. At Mark Lane, London, on Monday, English Wheat sold at a decline of two shillings per quarter, and a similar reduction was anticipated in for eign wheat. Concessions were made by the holders of Flour and Corn on the following day. At Liverpool the demand for wheat was limited, and former prices were barely main tained. Corn was in somewhat brisker re quest. but the tendency ot other articles of ureadstuffs was downwards. Indian Meal, I Is. per bbl. dull. Flour brought 235. at the opening of the market, but declined toward, its close. Holders, however, refused 22.6 s and some transactions subsequently took place at 22.9. Prime Ohio was quoted at 23 a 24.6. Towards the close of the market there was a further improvement in Indian Corn, and sales were made at 31 a 325. per cwt. Bed was in better vad prices were steady. Pork, both Western and Eastern, lower. Rosin 3s. the importations large. At the Lon ion Corn Exchange business was very inactive. Floating cargoes found buyers at 3,20 a 3,30 per quarter, and good brands of Flour were offered at 245, without finding pur chasers. The Havre Cotton market was much de pressed in consequence ol the intelligence by the Niagara that large shipments had been made to that port, and prices have declined. THE MONEY MARKET. The London Money Market continues firm, and Securities have an advancing tendency.— Consols for money and account opened on Fri day at 92| and closed firm at 92£, The stock of bullion in the Bank of England was undij minished. The amount of gold shipped to America, exclusive of £25,000 by the Canada,* is £411,900. The advices from New York received by the Niagara tended materially to check the disposition to export specie. There is an improved demand in the Lou den market for American securities, particu larly f< r Pennsylvania State Stocks, which are quoted at 77 a 79, and this is the only stock of which quotations are given. The London papers state that the exhibit of the Bank of France shows an increase of specie amounting to six million francs. French 3 per cents are quoted at 58, 5 per cents, 89 a 90, being an advance upon the quotations of the preceding day. The trade of France is rapidly increasing.— The imports during the month of March were more than double in amount those of the same month last year, and the increase in the ex ports is equally apparent. POLITICAL. Official police had been received at Paris of ' th* intervention of Ruesia in the difficulties
