davidaulloa/AmericanStories huggingface dataset:
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
DECISIONS OF THE HIGH COURT.
[Reportcd expressly for he Eastern Clarion.


This was proceeding by attachment in the Circuit
Court OF lalobusha- II appears from the record
that Samuel NJ. lrby the lst Of March, 1857. sued
out attachment before Justice Of the Peace for
sad county, against James i. Beck for $50. the
amount alleged IN hI~ affidavit to bee due That the
next term uf the Court, having filed his attachments
affidavit and bond. hs took an order of publication
against the defendant a. nonresident debtor; and
that Publication duly made pursuant to the order
for that purpose.
Itappears further that at the Noyembcrtcr,n. 1S57
Of sad court. Judgment final. by default.
dercd against the defendant for Sl925, and costs Of
SUIT Il doe, not appear from the record that de-
claration complaint pleading Of any description
whatever was filed by the plaintiff The record CON
tans no bond note, or other evidence ~ debt or de
mand in favor of the plaintiff. against the defendant
except the affidavit 81 the planth upon which the
attachment issued. From the judgment thus
rendered. this writ of error j. prosecuted. In a SUIT
Of this character the attachment itself Is declared bv
statute to be the leading process the eause And
when returned into the Circuit Court il - quite a.
much SUIT pending therein. as It would be il com
mcnced by the ordinary process Of the Court, The
statute, It is true, has not n express terms drectt
what form or mode Of pleading shall he observed;
whether the UlDalng~ shall ia tcaUs writing.
But j. manifest that the same mode or form Of
pleading" Is oh-'r 80 ~ ali other SUITS conducted
in the Circuit Courts should he observed by com
menced by attachment so far a. they are applicable.
The fact that an attachment o. proceeding ia is
wholly immatcrJl The sam" reasons which require
in action bond or note, or for the recovery Of
property. when the suit Is commenced by a sum
mons - the defendant. that declaration should be
filed. apply with equal force To- commenced Iy At
tschneut NUattachmeut~ are lpfor, Z; =,
Judgment, or the execution II % writ Of inquiry and
the defendant has right upon complying with the
conditions imposed by statute 70 enter his appearance
ami plead 20 the suit But how ran he answer the
suit uEul lie Is appraised Of the clam or debt which
y sought 10 be enforced against him, How can he
be- sJll 20 De default uutl he ha- failed to an -ycr
some allegation Of the plaintiff in attachment
We think. therefore. that IN suit by attachment ss
in other suits prosecuted IN the Circuit Courts. the
plaintiff should b. required 20 e ms declaration up0
the return of the attachment INTO court setting ont
with sufficient certainty the and nature II his
demand before he can &c entitled 10 ud against
the defendant. 10 consequently error in tho
court below 20 allow judgment 20 hc entered in tins
case. Judgment 0vcrruled and cause remauded.
SMITH
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27


A fLAcE uuERE BLoourR WouEN AR
IN DnuASp.-Mrs. Lydia s. Hasbrouck's
sibyl has a correspondent in the person
Of Mrs. J. A. Archibald. bloomer WON.
an who Is travelling across the prniriea
with her husband and other adventures
for Pixies Peak. In her last letter she
says she was in great demand among the
Indians. insomuch that though the party
IN which she was consisted Of Fifty men
armed with rifles and revolvers. they
kept her concealed whenever the Indians
appeared In any considerable numbers.
being afraid 10 let them know that the
company contained any women. She does
not seem b have liked this conccalment.
and finally showed herself. she says, being
anxious 10 see something curious that two
or three Of them had brought and says
Though did not myself feel there was
arp cause for alarm. ! was sorry / had
been seen, on account Of the feeling ex-
isting In the train. II was Of no use 70
hide now. for every Indian within a mile
knew Of my whereabouts. Though there
was not q shadow Of danger In such a
company az ours. a. many OF us well
knew 81 the time. and a. many oxper-
fenced men have since informed us. u IL
very true that the red men have an unac-
countahle fancy for white women. MY
husband received several very hattering
oilers FOR me. One Indian wasted 20
trade Cor two squawa, who could probably
perform four times the physical labor
that I could. Others. not quite 90 timid
approaching che wagon. made signs for
me % jump behind them on their ponies,
bat declined me honor IN tho most res
peoihii language knew Of their dialect
4 decided shake of the head
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
Representatlve for Jones.

Ma. Enron: The people Of Jones coun-
~ will soon be casting about fora suitable
candidate to represent them in the lower
branch Of the next legislature Allow
me, therefore, to call their attention
through your paper. to the name Of Col.
JANEs kEEroN, gentleman in every way
worthy Of that distinction. Col KEEroN
is one OF the most substantial, intelligent
and influential citizens of Jones county,
and would be highly respectable mem
Der ofany assemblage into which he might
be thrown. lie has been long and well
known to the people of Jones for his high
personal character, his integrity, and his
excellent practical sense. He is thor
ough demOcrat-one whose fidelity to
democratic principles has been without
variablencss or shadow Of turning. The
democracy of Jones could not honor a
better man or a better democrat.
A VOTER.
,I5acs Ca,o,y, April 81. 1859.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

A large and respectable meeting Of the
Democracy Of Perry County, was held in
the Court House at Augusta. on Tuesday,
18th inst. the second day Of Circuit Court.
on motion of Hon. DRURY BYNUN, Mr..
WV JENKINS was called to the chair, after
which, W. Z. JoNEs was appointed Secre-
tary.
Col. 5. X. ADAMS was then called upon
to address the meeting, and responded in
an able and interesting speech Of half an
hour in length.
ON Mr.. BYNUN's motion. the following
resolutions, which ne read. were adopted:
Whereas, we consider it highly impor-
tant that a thorough organization of the
Democratic party should be maintained
in order to preserve and continue the as
cendancy of our time honored principles.
we approve Of the policy Of holding Con-
ventions now, a in times past. for the
nomination Of standard bearers Of our
party for all political offices Of the State
Be It therefore.
Rcso'roi, That the chairman of this meet
meeting be requested toappoint three dele
gate, from each Police Beat who shall beau
thorized to represent this county in the en-
suing State. Congressional and Senatorial
Democratic Conventions.
Rrsolrtd. That the course Of Hon. !. J.
\ McRAE. our late Representative in Con-
gress, meets our approval and that We
/ cheerfully recommend his denomination.
ResolrsR. That it is our deliberate opin-
/ ion. the next President Of the United
/ States should come from the South, and
that we consider the Hon. ALBERT G.
BRowv Of this state a. one eminently
qualified for that high position, and we
| present his name for the consideration Of
our brother democrats throughout the
/ Union.
Resoirct That the proceedings Of this
meeting be published in the Eastern Ga.
gion, Mississippian, Natchez Free Trader
Handsboro Democrat and the Sea Coast
Democrat.
Under the first resolution, the chairman
then appointed the following delegates;
MONROE BEAr.-O. II. =. Jones, Lewis
/ n. Watts, Jas Edmonson.
TALIAu,LA BrAT.-Pcter Mcdonald, II
| II. McComb, II. Hathorn.
HNroN BEAr.-N. Odom, Henry FL.
wards, r. G.. lott.
BACK CREEK Bari. Batsou, J. T.
| Breeland. Levi smith.
AUgrsrA BEAr.-G. II. IIolloman. ). +
Garraway, e.. d. Stevens.
ON motion, the Chairman and Secretary
Hon. Drury Bynum. and Hon. A. r. Car
ter, were added to the list Of delegates.
The meeting then adjourned.
wM. JENKINS. Chairman.
| W +. ,ToNrs. Sec'v.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
NJ. VI. SMITH, Secretary.
W. h. SHELBY, As't Sec'tlry.J

"JIsT NOBODY AT ALA well known
gentleman of Winchester, in the State of
Virginia, is in the habit of relating an
amusing anecdote on the great love that
the Americans have for naval and militia
ry titles. Crossing the Potomac into Nir-
ginia, with his horse, in ferry boat, the
ferryman said:
major, / wish you would lead your
horse a little forward"
He Immediately did, observing to the
man:
Il am not major, and you need not
call me one"
"Well, Kurnel, ak your pardon, and
I'll not call you so no more"
Having arrived at the landing place, he
led his horse out Of the boat, and said:
my good friend, ! am a very plain
man | am neither colonel nor major
have no title at all, and don't like
them. How much have | to pay you -
The ferryman looked at him, and said ::
You are the first white man | ever
crossed this ferry with that warn't jist
nobody at all. and swar III not charge
you nothing"
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
BANK OF MOBILE V. MEAGHER 4 co.
ROM CITY COURT or MOBILE.


tAction to Recover Value of Lost Bank-noes)
l. Section Psi Of he CoKe coastrucd.-See
ton PSI of the Code, which provides
remedy on certain instruments lost or de
stroyed, being a substantial re-enactment
of the act of 1898 on the same subject.
does not abrogate any common-law rene
dy for the recovery of bank notes lost or
destroyed; nor does the proviso to that
section, declaring that it must not be so
construed as to authorize a suit for the
recovery of a note or bill issued by any
incorporated bank to pass as money, and
alleged to be lost or destroyed" amount
to an inhibition of an action at law on
such lost note or bill
2 When action at luo lies on bank note lost
or dcstroyed.-An action at law does not
lie against a bank, to recover the value of
lost note or bill, which, passing by de
livery merely, might be presented to the
bank by the finder for payment; but,
when a bank-note has been DESTROYED,
thus rendering it impossible that the bank
can be made to pay it a second time, the
owner at the time of the loss may main
tain an action against the bank for its
value, without resorting to chancery.
g. Description Of bank-pote u, con,pLlint.-It
is not necessary, in the description of the
lost notes, on which the suit is founded,
to aver their dates.
T. Judicial knowledge Of form Of Ja,k-aotcs.
The courts will take judicial notice of the
fact that bank-notes are payable on de-
mand.
5. Identification and proof Of contents otbaak-
HoteS.-Proof of the aggregate amount of
the several lost bills, and of the fact that
they were issued by the defendant, with
out other evidence of their identity and
contents, is not sufficient to authorize a
recovery by the plaintiff.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

PATROL DuTY.-A recent trial of DR..
Browns slave, a position was taken by J.
I. Harrison, Esq, one of the counsel for
the defense. which we think the public.
and especially all those actively engaged
in patrol duty should know The witness
on the stand testified that the party were
patrolling Browns quarters, and Mr.. H.
demanded the written authority which he
contended the Captain should have had,
and that every member of the company
should have known it to make such patrol
legal. They were there as lawless men,
This is avery important question, and we
think very few act accordingly.-Macon
Beacon.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

SorND DOCTRINE BRAvEtY UTTERED
Tho Philadelphia Mirror q. Democratic
Journal. announces sound and true doc
trine in reference TO the rights Of the South
in The territories. and declares that with
out its practical enforcement the Union
h not worth saving. Il says:
n the Government Of the Union should
protect only Northern asses in the com
mon Territories. when the Legislature
fails to do u. and not southern slave pro-
perty a. we'll. the Union would be valu-
less. II would not survive another Prcsi-
dental election.-Therc can be no com
promise on this point, Let tho maiorities
I'm Territories make their own constitu.
tions-but until they are made, let the
Constitution of The United States protect
all the citizens. In 1907. under Wash.
iugton. Congress exercised the power de.
rived from the Federal Constitution "a
protect the owners Of slaves Nv the States
When Congress shall refuse TO protect
them. the Confsderacy will end. u viii
come 10 that issuo-speedily and unc'
quivocally.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

pryrirur-Wc call attention of those
needing dental services 90 the card Of DR..
Jvo. W. AvruA, in this number Of our
paper. Dr. Avera. swell known through
this section of country where he has
numerous friends who feel a deep inter
est in his success. Tie is understood to be-
well qualified for his business, and ecr-
tainly. as permanent resident amongst
us should receive encouragement
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

LAbus AuEucAN MAoAuSE-The May
number Of this beautiful monthly l. on
our table, and we cannot too strongly re-
commend IL to our lady readers II is
published by W. A. Townsend. New York.
and the illustrations are by barley.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
THE DEATH OF col. sANpFoRp.

The other day, news received that Col sand
ford, who accompanied Gen. Pace on his return To
Venezuela, had died at Valencia, of r0mit0 or yellow
fever. He had II Is to be presumed the regular
treatment laid down as law by the faculty. Would
be too much TO say that, matter Of course he sue
cumbedt And Is II not fair to infer that. IT, like Mr.
Sutherland Burke of Handsboro, he had taken Ran
WAYS READY RELIEF, instead of being drugged accord
ing 60 the uispeusary, he would have recovered
All the tevers to which have referred belong 10
one family. They are invariably occasioned by an
unhealthy principle in the atmoS sphere. At their
head stands YELLOW FEVER; hut by far the most
common phases of malaTious disease are FEVER
AND AGUE and BILIOUS REMITTENT fever. IL
then RABwAY's READY RELIEF will the most viru-
lent malady of the whole class there be doubt
OF It's prompt and certain remedial action in the
nor disorders However, this conclusion does not
rest on logic and reason alone; l. fortified 10y
Of dtHaajiro testimony from every section Of the
country whore lNTERMlrTENTS and REMIT
IENrS nrnNail
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

49, Mai. JAurs VI. MOMENT. who. We
suspect has hccn engaged W more news
papers than any other man in America,
has become associated with Mr.. u. b.
CLARION. In the management Of the IIol-
IN Springs Democrat.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

Luunfa.-See the advertisement Of Mr..
Currier. who has established a raw mill
near De Soto. We feel assured that what
he says NJ 10 his ability 10 furnish good
article may be relied on by the public.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

A correspondent Of the Nashville Chris
tian Advocate. says he was sometime since
listening 10 avery popular preacher. when
speaking of "a certain class Of sinners he
said
"Such men. u Justice were metcd out 10
them. would sink 20 low in hell that they
would have 20 rise. in the day Of Judgment
20 meet common damnation.'
The correspondent very properly re-
marks that II this same expression had
been uttered by street drunkard, II
would have been considered the most hor
rihle profanity.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

Law CAHp.-Wc call the attention Of
those having business in the courts. 10 the
law card Of our friend and editorial bro
thcr Roar. Futtru. ESQ, Of the Hands
boro' Democrat, who tenders nj. prolc.-
sional services as attorney in the courts
Of the sth Judicial District. Editors are
generally ~ poorly paid, that u is not a
bad idea for them. whore L Is practicable,
20 reinforce their income BY uniting 9TH
or pursuits with their editorial Duties
We hope friend Fuller may meet with
success in his profession.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

BY news received in Memphis on the
2lst inst, we see that several new and bad
breaks have occurred in the lcyccs at
points below that city.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

Sur istASp RAttRotb.-The almost
complete suspension Of the mails between
this and the Western part Of the State.
has prevented us from "a giving the pro-
ceedings Of the meeting Of Directors Of
che Ship Island Railroad which was held
at Brandon on the 18TH inst. We learn
from The M.aflss'ppiaa that the Directors
present were
Mersrs e. McLaurin. President.
Wiley r. Harris. Secretary.
Mcasrs. j. Weathcrsby. r. Pope. d.
McLaurin. sam1 White. r. J.. Myers. r.
w. Huey. Jos Pool. Isaac Newton. Jos.
McAroe. r. q. Stafford and l.. y. Walker.
Judge Harris having rendered his re-
sirnation a. Secretary. the Board elected
Gen. Louis Jullicne 20 iill the vacancy.
Mr. Benz NJ Green was elected By the
Board Chief Engineer Of tho Road.
The Board passed. several resolutions
regulating their hirture action aud adopt
Cd bylaws for their government.
A committee was appointed h locate
the southern terminus Of the road. Tho
survey viii commence as early as practice
Bile.
The Board adjourned 10 meet again At
Mississippi City, on the 1T Monday in
August.
A gentleman who was present informs
ua also, that Il il the intention Of the
Board 70 put portion Of the work under
contract a. soon a. the Southern terminus
l. decided upon.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

PEosrrcr or rnG EAaLr CoHrLEroN OF
rms Musnuprt CENTRAL RArlRoAD.-Our
co,empory n the Holly springs Herald
and the Carrolton Dtmocra, both bring
pleasing intelligence Of the completion Of
arrangements for the finishing Of thc
Central Road. by or before the lst Of De-
comber next. Says the Herald
There IL a rap Of, about ixty-seven
miles between Cohecville and purant to
finish. and last week a positive contract
was entered into. between parties fully
authorised to complete this unfinished
gap Ny or before the first Of December
next. Tho contractors. We learn. are not
only men Of energy, but have ample
means at command % comply with the
contract they have entered into. and we
may now speak with r. certainty Of the
date 81 which our readers may expect 20
see through trains moving from New
Orleans 30 Jackson. Tenn. The contrac-
tors will Immediately put large force on
the road and u would not surprise Ia to
hear that they could and would complete
their contract some weeks before the
first of December next. ns the directors
made it % their interest % 10 the work
a. early A. possible
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

Foa PREsipENr.-Tho Holly Springs
Democrat. runs up the name Of tho Hon.
A. e.. Brown, at It's mast head. as a candi-
date for the Presidency.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
Notice TO Correspondents.
Il. f. ATKINSON.

SUCCESSOR TO SWAN &c CO..
MONTGOMERY, ALA.
All orders for Lottery tickets, addressed to the
subscriber will have his personal and prompt stten
ton.
Jan. Is, 1853 lily
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

A Kentucky editor, being charged with
having appeared in a certain capacity"
denies it, He certainly might, with at
least equal truth, deny that any certain
capacity ever appeared in him.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

The editor of the Pennsylvania Demo
erat complains Of the material OF his sausa-
ges made in his town. They are no
doubt good enough for him. Dog eat
dog. - Prentice.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
MAGNIFICENT SCHEME!
To BE DRAWN
APPROXIMATION PRIZES.
Whole Tickets SO; Halves IS: Quarters 81 so.


-
HS- A Circular showing the plan OF the Lotteries
will be sent to any one DESTROYS Of receiving IT,
Certificates Of Packages viii be sold thu following
rates. which j. the risk:
Certificate Of Package Of 10 Whole Tckets,.....$ $50
10 Half "a 10
10 Quarter ............ 20
10 Eighth &" ........-.-. 10
IN ORDERING TICKETS OR CERTIFICATES.
Enclose the money to our address for the tickets
ordered. receipt of which they viii be forwarded
any figure they may designate
The List OF Drawn Numbers and Prizes Will be sent
to purchasers Immediately after the drawing.
Hs- Purchasers Will please write their signatures
plain, and give their Post Office, County and state.
Ia Remember that every Prize L. drawn and pay
able in full without deduction.
Re- All prizes Of 81 900 and under paid immed ately
after the drawing-other prizes at the usual time Of
thirty DAYS
Notice TO Correspondents.
Those who prefer not sending money by mail, can
use THE ADAMS EXPRESS COMPANY. whereby
money for Tickets. in sums Of Ten Dollars, and up
from any city ortoWu where they have Office. The
money and order must be enclosed in a Government
Post Office stamped Envelope, OF the Express Com
pany cannot receive them.
All communication strictly confidential.
Address all Orders for Tickets or Certificates to
WOOD, EDDY CO. Augusta. Georgia.
or. WOOD. EDDY CO. Atlanta. Georgia.
or, WOOD. EDDY CO. Wilmington. Del.
FS- list Of the numbers that are drawn from the
wheel with the amount Of the prize that each one j.
the following papers ~ ugUSt1. Geo CgStituOHditS
NaC Orleans Dslt1. Mobile Register Nashville Gazette
atlanta I1tsVjgeac9, Ngo York Weekly DHu Bsok. So
uGGah D1iiU NerS. Richmond Dispatch. Nac York Dis
patch Pudding Mss Clarion. and Little Rock (Ark)
True Democrat
Feb ~ 1859. l5-tf
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

A meeting Of the Democratic Party Of
Jones county will be held in the Court
House at Ellisvillc, on tho 2d Monday Of
May next TO appoint Delegates to the
stats and Congressional Conventions. and
for other purposes.
general meeting Of tho party is ear
nesily requested.
MANY DEMOCRATS.
Jones o., April %. 1859.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27
DISAGREEMENT or THE FACULTY IN THE
TREATMENT OF CHOLERA-THE DEATH OF
THE LATE DISTRICT ATTORNEY, \. b. BLUNT,

On the best manner of treating CHOLERA ard is
Kindred diseases the Faculty are not entirely agreed.
The most approved programme, however, is c1'oB,d
and OpltWt-the sheetHnchors of the profasslou.-
Than this, nothing that the ingenuity of man could
devise. would be more perncious. IL is simply
prescription to longest the brain and enEorge the
liver No wonder the Iomepaths were more sue
ccssiul than the "regulars' during the cholera
Ii Is infinitely better 10 give what will do neither
good nor HARM than to administer poison; and here
in the Homppatis, with their hhputan sugar plums.
have greatly the advantage of the d0efFRaTeS What
is really required in Cholera l. ething that will
gently stimulate and tone the nervous system. and
restore to activity The sluggish circulaton and,
therefore, RADWAN'S READY RELIEF Is an abso-
luto specific for IT, Had our Distinguished fellow
citizen, the Hon. Nathaniel H. Blunt, who fell mar
tyr to this disease few years ago had bottle of the
Ready Relief within reach, he might have been alive
this day. He had, we suppose. the "oficial treat
ment' instead, and r1y naturally, died in a few
hours.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

BRANDED FOR BIGANY.-A man by the
name of Robbins, indicted Cor bieamy,
was tried at Raleigh, n. c.. on Friday
week and convicted. On Saturday, the
day following, he was branded with letter
B. on the right cheek, in open court-the
brand, it is said, leaving a. mark that he
will carry to his grave,
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-04-27

SHOCKING AcCIDENT.-Jas. Cotton, about
fifteen years old, and son of John w. Cot
ton, while getting off his horse with his
gun in his hand it exploded. putting the
whole load in his face. This unfortunate
accident occurred on Monday afternoon.
The gun was loaded with twelve buck
shot, and blew his under jaw and tongue
Off. Macon Beacon