davidaulloa/AmericanStories huggingface dataset:
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
AARON d. BRIGHT,
SAMUEL ROWLAND.

This was an action OF covenant brought
by the defendant in error against the
plaintiff in error. By the covenant Row
land agreed to sell TO Bright two hundred
and thirty-nIne acres of land in Kinds
county, at thirty doIla-s per acre; three
hundred ard twenty 1--WE bushels Of corn at
one dollar and twenty-five cents per bush
cl, and five stacks of fodder at one dollar
and twenty-five scents per hundred. Bright
agreed TO pay for lbe land in the following
;nanncr:tweny-iour hundred dollars on the
first OF January next, ensuing the date Of
the contract, and the balance in two equal
annual ins,alments from that time; the
payments 10 be secured by promissory
notes, ard deed Of trust on the land. On
the day fixed for the first payment Rows
land was TO make deed with general
warranty, but moi until after the payment
was made; and al that time, also. Bright
was TO make the notes and execute The
deed Of trust, and possession was then
TO be delivered. The parties further COW
enanted with each other, q that ifether Of
said parties should fail 10 perform bis part
Of this contract, then the party so falling
shall pay 10 the other party the full and
just sum Of FIVE thousand dollars, by way
Of liquidated damages, and not as penal
~" The breach assigned is general that
said Bright failtd to pay the money and to
execute the notes and deed Of trust.
The mostmateriul question in the case
arises out ofthe last clause Of the covenant.
For tie plaintiff in error it is commended
that i IS a penalty, and that the actual
damages sustained should be the measure
Of recovery; but for the defendant in error
it is insisted that he had right TO recover
the five thousand dollars as stipulated
damages.
The authorities which bear d strict an.
alogy to the case, so Gar as they have come
underreyiew, are not entirely reconciable.
The true principle, however, which must
govern in the legal Interpretation Of the
contract, is demonstrahIe by reason, we'll
defined by majority Of the authorities.
We do not mean TO assert that such a
contract cannot in any case be enforced.
As regards covenants Of "a certain descrir-
ton it might. The distinction is that an
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
Lru~1~oAx~

spring Of genius and sentiment End
in the Bowie Knife never varying friend.
We shall ever recognize with becoming
humility the Divine commands and Heav-
emily precepts Of the ministers of the Cross;
and our press will second in no irreyerent
manner the pious labors OF those that
preach the word Of Him "who tempers the
wind 10 The shorn lamb" Albeit not
strictly orthodox ourselve, we shall nail
with proud satisfaction all great designs
which have for their object the furtherance
Of claw order, g. religion. - Morality and
religion--free from bgotry and supersi-
ton, and to which they are no kin-are
twin sisters, and must create in the bosom
Of every yirtuous man an impulse Of the
purest and hottest character. We feel as
If our prosperity is identified with the
community in which we Iiye---nnd by a
reciprocity Of mutualinterest, we entertain
aat.ering hope that the chain Of union
will be linked closer and closer together!
We shall devote liberal portion Of our
paper to the discussion Of southern COM
merce and improvement. We are the
warm advocates Of direct trade and inter-
nal Improvements in the south, and we will
aspire with honest hearts 10 be ranked
among the most ardent friends of Missis-
sippi's prosperity and welfare.
The banking system Of the day shall
receive due notice, and while we speak
both severe and independent, we shall
never seek to invade existing law nor to
outrage tho standard rules Of true dignity
and taste.
The town Of Grenada is favorabIy To-
Gated and it shall be our chief aim to make
lis merits known, and to advance as rarid-
y as possible, its coming prosperity and
greatness. With cheerlulness and a1ac-
rity We will be found defending Grenada
on all occasions, not only against foreign
calumny but also domestic enemies.
The undersigned are of adverse political
sentiments, and while they have resolved
TO give political editorials the go.by the
communications Of others couched in re-
| spcctful language, will always find free
passage TO the public eye through the col
umns of the Bowie Knife.
j The general department of the paper
will speak for itself,and we shall enter upon
the discharge Of our many and Iaborious
duties as public editors, with the confident
hope that the people Of Grenada will
reward our exertions with their known
liberality.
j WILLIAM NEED,
/ G. S. SMITH.
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

The following sale is postponed to the
third Monday, the 18th day Of April, inst.
SHERIFF,S SALE.
Brown g. Fitch, w Anderson, use, &c.
VS. & ia on bond, vsf ia on bond,
Jeremiah Porter, ct al. jeremiah Porter, ct al.
Samuel Hoskins g. Co. Samuel Hoskins & Co.
VS. ia on bond, vsfi ia on bond,
Jeremiah Porter, ct al. Jeremiah Porter, ct al.
Returnable TO the Holmes Circuit Court, TO
April term, 1889.
MDY virtue OF the above stated cases OF
ND firie facias TO me directed, shall
offer to the highest bidder for cash, before
tho court house door Of Holmes county, on
the first Monday of April next, the follow
ing described tract ofland to wit: the h
q and h b n q all in sec. tnshr
Is range2 e, containg 100 acres more OF
less, levied on rs the property of jeremiah
Porter,to satisfy the plaintiffs debt and
costs Of suits.
/. w. PICKlNS, Sheriff,
BY VIM. STIGLER, Deputy.
March,2, l6-tds
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

The following sale is postponed to The
third Monday, the 18th day of April, inst.
SHERIFF'S SALE.
e. Lloyd, use, &c, Robt Fisher, use, &c,
vs. yenditio exponas, vs. yenditio exponas,
j. X. Mayo, ct al. J. X. Mayo, ct al.
Malcolm Dent Morton & Nash, use sc
vs. ycnditio exponas vsvenditio exponas
J. r. Mayo, ct al r. Mayo, ct al.
]. J. Niche, use, &c, Erasmus Potts,
vs. venditio, eXponas VS. venditio exponas
]. r. Mayo, Ell al. JR. Mayo, ct al.
Reiumable to Holmes Circuit Court
April term, 1899.
EBY virtue of the above stated venditio
lad exponas, 10 me directed, will ex-
pose at public sale, to the highest bidder
for cash at the court house door in the
town of Lexington, on the first Monday
of April next, the following described
property, viz:--the W h W q ofsec rs,
tnshp l5, range B east: also, lots Nos 80,
5 and q, lying and being in the town Of
Lexington, levied on as the property Of j.
X. Mayo, 10 satisfy plaintiffs debt and
costs Of said suits; sale within lawful
hours.
]. W. PiCKINS, Sheriff,
BY w. F. AUSTIN, Dept.
March l6--,ds
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
MARSHAL'S SALE.

Richard Prichald, Retuinablc 10 the May
VS. alias fl "a term, 1883.
Galloway Richardson.
mY virtue of the above stated alias
Me- firie facias to me directed from the
Hon. United States Circuit Court for the
Southern District Of Mississippi, | will
expose to public sale for cash, before the
court house door of Holmes county on the
third Monday, the 18th day Of April next.
al the right, title and interest the said de-
PENDANTS have in or to the following de-
scrlbed property, to wit: lot No 7, lying
and being in the town Of Tchua, with the
Improvements thereon, and the n W of
sec 5, :nshp Is, range lie. Also the e
q Of sec 5, tnshp Is, range l e. Also the
eq Of sec 5, tnshp Is, range ! cad
Joining the town Of Tchula: levied on as
The properly Of Galloway & Richardson,
and will be sold to satisfy the above stated
Fl. IA +. and costs.
WIN. M. GWlN, Marshal,
By P. M. FERCERsON, ID. M.
March 8 l70eFtds Pn'ls fee $l2
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
A NEW PAPER IN GRENADA.

To be published t,Dice a mcek on an imperial
sheet, in the torn Of Grenada, a neps.
paper to be called
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

lue loiioVihS shic Is poSiponeu 70 the
third Monday, the 18th day Of April, inst.
SIIERIT'E'.S SALE.
J II & T Rawlings &Co w o IIerington,use, &c
VS. Fl ia on bond, VS. Fl ia on bond,
VIM Sores, ct al. VIM Sorrels, ct al
James Coleman Returnablc to Holmes
VS. Il ia on bond, Circuit Court, to April
VIM Sorrels, e. al. term, 1899.
hid Y virtue Of the above stated cases OF
lid frie facias to me directed, shall Of
fer to the highest bidder for cash before
the court house door Of Holmes county,
on the first Monday Of April next, the
following described tract Of land, TO wit /:
the W h Of n e q of sec. 4 tnshp Is range 2
containing 80 acres more or less, levied
on as the property of VIM. Sorrcls, TO sat-
| isfy plaintiffs debt and costa Of suits.
/. w. PlCkINS, Sheriff,
BY VIM. STIGLER, Deputy.
March 2, l6--,ds
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
TNE UNION
Is
Printed and published every
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BY
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No deduction whatever Wilde made from the
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Ehaying paid in advance, but in every instance
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Jisnutc in the collection of our subscription
hey. We beg that all who subscribe for the
ion, will note the terms OF subscription.
TERMS OF ADVERTISING.
vertsements will be inserted at the rate of 81 90
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YEARLY ADVERTISING.
For forty lines or less, renewable atpleasure sou.
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AS the above rates are the same those esfab'
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Elsewhere in this State, no deduction will be
from them in any case whatever.
fALL JOB WORK MUST BE PAID FOR ON
livery
Letters on business mus, b. post paid, or they
not be taken from the Pos Office.
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
MARSHAL'S SALE.

AfhnCElALS SALE.
Allen, Clark & Co. Retumable to The May
VS. Fl Ga term, 1899.
le&IIarris&sec'ts.
EpY virtue Of the above stated firie
Re facias to me directed from the Hon.
United States Circuit Court for the South
err District Of Mississippi, will expose
to public sale for cash, before the court
house door Of Holmes county, on the third
Monday, the 18th day Of April next, all
the right, title and interest, the said de.
PENDANTS have TO the following described
property, to wit: the h of W h Of n W q
of sec 8; and the e q and G b Of n " q
and $ h Of " h ofn W qand W q and b
of W b Of S q Of sec I, tnshp II, range 8
east; upon which is steam mill; levied
on as the property Of Franklin nj Trihble,
and will be sold to satisfy the above stated
f. ia. and costs.
VIM. Nj. GWINN, Marshal,
By p. M. FERGERSON, d. M.
March 0 l7--,tds Pn'Is fee Sl2
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
Law NOTICE.

CARuTHERs g. CLARK,
WMAVING associated themselves To-
81 q geiher in the practice Of Law. will
attend to the Circuit Courts Of Yazoo,
Holmes, Carroll, Choctaw, Yallobusha,
aud Tallahatchic; and the Superior State
and Federal Courts at jackson and Pom
,otoc. Office at Canollton, Miss.
B. f. CARUTHERS,
w. c. CLARK
Jan 26 Car. Enc. ll--6m
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
N q TIC T. .

ely virtue Of a deed of trust executed
Id by Hiram Davidson, decd, in his
time, and Sinah, his wife, to the sub
Ibers for the purpose of securing the
Ement of certain sum Of money therein
Gifted, to John Dean; which deed bears
e the seventh day Of June, 1886, and
B duly admitted 10 record on that day
the office of the clerk of the court Of
obatcs for Holmes county, Miss We
II on Monday the 18th day Of April
81, Chat being the first day Of the April
- Of the Circuit Court, for said county
10, at the court house in the town of
exington, in said county, expose TO sale
public auction to the highest bidder Tor
sh, the following property. to wit:-the
tst half of south east quarter OF section
township Is, range 3 east; containing
acres, more or less, also, one lot of
DID,, No in section 81, township 10,
bge east, containing ll5 acres; also,
Eth half of lot No 4, section 81, town
D Is, range 3 east, containing 40 acres.
pe said pieces of land adjon each other
! are known as the Sparks and Floyd
Il Tract, and on which is the plantation
ereon the said Hiram Davidson, decd,
ided at the time of his death, 5 miles
It Of Lexington. Said tract Of land
ptains 235 acres more or less, and IS
II improved. 1t also contains a good
house, gin screw press, and nearly
Wv; a good dwelling, and other neces-
~ and convenient out houses, orchard,
Most OF the land is creek bottom, and
superior quality. Also, FIVE likely and
liable negroes, horses, mules, oxen,
US, hogs, and farming utensils, wag-
ns, carts, &c. The title TO said property
believed to be clear and undisputed
acting as trustees we will convey only
ch title as is vested in us.
ROBERT COOK,
LEWIS G.. GALLAWAY,
Trustees.
Jan IL 9--11w
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

Richard 0 Prichard, Retulnablc 10 the May
VS. alias fl ia term, 1859.
Galloway &c Richardson.
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06
CASES

DECIDED In THE HIGm CouRT OF ERRORS
AND ArpEALs.-Januc,y Term, 1889.
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

[The following sale is postponed 10 the
third Monday, the 18th day Of April, inst.
MARSHAL'S SALE.
Grant & Barton,
VS.. vendito cxponas Ietarnable 10 May term,
Cornelius .yst;.. Lane and 1883.
lv vs.. al. 4 4. "a. Rcturnabo to May term,
sho laa,; Lane and 1889.
MpY virtue Of the above stated execu-
No tons to me directed, from the Hon.
Circuit Court Of the United States for the
southern district of the state Of Mississippi,
l will expose TO public sale for cash, before
the court house door Of Holmes county,
in the townoi Lexington, on the third Mon
day, the 18Th day Of March next, all the
right title and interest of said defendants,
to or in the following described property,
10 w.t. lots Nor %, sc. 81, SO, 50, so, 81,
and also Nos. 40 and 40, on which there
is house; all OF which lots lying and be-
ing in The town Of Tcula, Holmes county,
levied on as Improperly of John T. Craw-
ford defendant, to satisfy the above stated
executions and costs.
VIM. NJ. GWIN, Marshal,
BY p. nj. FERGUSON, Dpl'y.
Jan Is, 1889. l0-tds Fee 500 so
Lexington union. (Lexington, Miss.) 1838-18??, 1839-04-06

I CONVEYANCINGU
EEDS, Moigages, Articles Of agree
ment, Deeds ofTrust and Convey
ns OF all kinds, prepared in strictly
'orm d with the Utmost promptitude,
y Probate Office, Lexington Mi. hy
w. A. PURDOM.
Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-07-13
,rhs Madison Wing Advocate
ss1lsHzD livery SATURDAY MORNING, By
4 r. ". NELSON * Go.

~rPNs.-F5re DollarJ in advance, or Sis
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-. Wishing 20 discontinue viii please give
49, hereof IN trrittHg-
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J.. III every ten lines for each insertion Po-
- circulars or public addresses, for the be-
-esrsf individual persons OF companies, will
II l,---l 90 .l,lvvl tiscrneHtz, and at the same
"a a--oraeing Candidates for Office will be Ten
~ IN I.J U5rt must be paid for on delivery.
P-.,sge on letters must be paid, or they will
Il b. attended 10.
Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-07-13

the walls OF their churches black 10 re-
mind them Of their sins His birthday
he kept by reading the chapter u lob
IN which the patriarch curses the d-.y On
which be was born. Yet he hal risen
from The dreary level Of poverty and de-
pendence, to ST a, good mems fcssss-
ride IN the couches Of primo minister's
he had nation al his beck anu wss n
prosperous and wealthy gentleman
Deep in his naughty soul must have been
seated that recollection Of youthful
wrongs, contumely, and appointment,
which could make al these things, Ike
the book Of the angel, as honey N the
month. but bitter In beIlyi
Dryden, when stricken IN years toll
ed necessarily; his fortune was wreck
ed he was brow beaten by coarse and
lnsolent booksellers; troubled with dis
ease; attacked and vilIifed By literary
rivals; and far from enjoying ease or
happiness IN his domestic relations Not
wlthsanding this load of depressing cir
cumst,nces, the aged bard '.bated no,
lot OF heart or hope" lie continued
writing, translating and battling 10 the
last. lis fancy was brighter and more
prolific than ever; II was like Il brilliant
sunset, most varied and gorgeous at its
close; O, like 4 river that expands Ia
breadth, and fertilizes wider tract OF
country, ere il Is finally engulPhed IN
the ocean The Fables ofDrvden re-
quire no detail of circumstances TO paii-
ate defects or heighten beauties, vet Jet
It ever be remembered that, when thew
were written, the great poet was At least
in his sixtveighth year. His immortal
ode was produced two years previous
Dryden and Swift were relations. bat
they could scarcely be called frjeais
The dean has many a sarcasm on his IT.
lustrious knsman. He makes Dryden
ironically appeal from san understanding
and a conscietce threadbare and ragged
with perpetual turning It IS true.
Dryden had turned from the praise Of
Cromwell 70 the praise OF Charles the
Second-from the Puritans to the play
ers-and from the Protestant to the Pa
Pists. But Swift himself was not stea-
dy politician, and his turn from Halifax,
Somers, and Addison, to Harley and the
Tories, involved not only a change of
political party, but something ike an
ooohuOHtiSAt VI Pttf0tS tttCA4s4iP- AAG
was rewarded with an Irish deanerv-
a specious baniShment, as he ever con
sidercd it. Dryden's change OF religion
happened at a time that suited his inter
est, and such conversions are always
looked upon with suspicion. Yet no
person can read his Reljgi0 LGici with
out perceiving that his mind wGs pre-
viously prepared for this step. lie had
been tossed IN doubts and difficulties. IN
settled by the practice OF Loose sge.
and borne away by the current of the
times that ran so strongly in high places
in favor of the imposing ritual and creed
of the Catholics Satisfied or overpow-
cred by the prospect of an iafallible
guide, he closed in with the ranks OF the
court, and gladly exclaimed.
"Good life be now my task; my doubts
are done"
Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-07-13
From the .NtlC York Mirror.
The FaVcrite Maid of Honor.

HT JOHN ST. HUGH MILLS.
Ger I'D was sllent, scarcely beat her heart,
Et; eye alone proclaimed we will not part,'
Tbs hope may perish, or thy friends may flee
Fs1swsu 10 hfe-but not adieu to thee.''
Morning just dawned. The first rays
Of the orb Of day tipped cheerfully the
urrets Of the venerable Windsor Gas.
te, making the proud fabric look as il
crowned with gold; the velvet, emerald
arr sparkled and giowed with brilliant
dew drops; the Thames winded his
graceful, careless folds, flashing in the
qorilve beams like stream of light
and murmured his tuneful, unceasing
song within a stones throw of the state
Pile. The royal standard, floating
proudly in the breeze upon the Tower,
sgnIiIed England's youthful queen was
under is time defying roof. The grave
seaunels paced their allotted watch with
measured tread, not a voice was heard,
and silence reigned unbroken.
The opening of window looking on
the terrace, occasioned a veteran to cast
ms eyes upward, and seeing the form of
loosely attlred female, a redness over
spread his iron features, as if he had
committed breach of duty, and avert
ing his head he became motionless as one
81 NE surrounding statues.
with head inclined upon her arm,
Anae Wlngrovc gazed upon the fairy
scene from her chamber, unconscious of
Us iaselnations. Her face, usually so
H55PPy expression, was pale and mark
81 With anxiety: her eyes were cast
downward, bearing evident appearance
q weeping, and her lips moved quickly
Il holding silent counsel with her
ssaoush's; for no sound escaped them.
'ae was the only child of Colonel Win
y'o'e, an officer distinguished for every
sssifab'e qualification, excepting, only
IA magnet for attracting the worlds
go commonwealth. Upon his death,
Ae liberal pension. allowed by his CRATE
= country for his meretorious and brave
.oaa1ct, OF course ceased, and his daugh-
-, ms spoiled and beautiful favorite,
"a len almost destitute. This being
--ONn 10 her majesty, the distinguished
FtAsniment OF "a maid of honor was
- Itsuleleiy conferred upon her, a vacan-
ms fortunately occurred; and
sa. 80 soon became the favorite yet I'M
S.ii So companion of her royal mistress.
49,, was the queen, either riding or
ahg, without her laughing merry At
i' oeIng close to her side, and mu-
pleasure existed in each others So
- from all restraint and form as
,ne friendship of private life. Long
i0ad was the laugh which would
- cheerfully from The room where
sole hours together. away from
~ and weary grandeur. The song,
-. as BIRDS would peal upon the ear
he gratified listener, astonishing him
"a ~ Inc reality of queens being capa-
~ ihduiging in pleasure with a COM
- ZOE and being light hearted merry
-, whose brow never seemed to feel
eight Of massive crown, nor the
Ps gutter of regal pomp binding her
- me real happiness which may be
Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-07-13
r-,m he Lg,asrilIe Literary .Neies Letter.
TIME.
RemoTseless Time

Remorseless Time
r..-. s,.rt of the Glass and Seythe-what
power
"a, .,,v Inn 10 his silent course, or melt
81. i-,s heart 10 pstyl On, still on,
a.. --.ssss. end .orevrr! The proud bird,
r.s Coador Of the Andes, that can soar,
rs.5ags Heavens unfa;homable depths, or
brave
The f1-v Ut the northern hurricane
,.i blthe his plumage in the thunder's home,
f5-., his broad wings at nightfall and sinks
down
To rest upon his mountain crag-but Time
Ea5rs not the weight of sleep or WEAKNESS,
And u.ghl's deep darkness has no chain to bind
H.rlshlug piuion. Revolutions sweep
.rsr elrth Ike troubled visions DER the breast
u dreaming sorrow-Cities rise and sink
lie bubbles on the waterbury Isles
ssnas blazing from the Ocean, and go back
rs shsr mysterious caverns-Mountains rear
Ioheaysn their bald and blackened cliffs, and
bow
TssIr raII heads to the Plain-New Empires rise,
i1fhsnng the strength of hoary centuries,
And rush i5Un like the Alpine avalanche,
saHI.ag the naiions-And the very Stars,
Ton bHgh, and burning blnzonry of God,
Gaasnng awhile in their eternal depths,
Ard LIKE the Pleiad, love.iest of their train,
sio5, from their glorious spheres and pass
away
70 lafsls IN the tracklcss void-Yet Time,
TINE the Tomb-builder, holds his fierce career,
piTs. stern, ali pitiless, and pauses not,
Amid The mighty wrecks that strew his path
To s.i and muse like other conquerors
{ g5a ..s fearful ruin he has wrought
G.. d. p.