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1hq ° w Orlans (rqsqnt. OFFICIAL JOURNAL OF THE CITY OF NEW ORLEANS. so a. EIZ@O, ens/ re mad Inertese* 077501, $a r. OAK? NYr !. THE DAILY CORELONT s puilshed ySa ORNIxNG--Moeday.n m, pep. Yearly ob.erpom. 1 . edvemea, $1; Hal yearly, ti fqarterly, e4; Baslle eaps, oams sates of AdverUdg ea Keare I moeth I months. 3 months. months. 12 months 0..... S 12 net 2 net. SO net. Sl 0 net. $ 75 nt. V s ..... 22 .. .. 50 .. I 0 .. 12 ..I Three.... 30 .. .. 70 .. 11 0 .. 176 .. Fear.... 38 .. 67 .. 90 .. 140 .. 225 . FiSe..... 46 .. i .. 106 .. 170 .. 275 .. s tm ...... t .. 91 .. 12 .. 20 .. 26. Sevem.... 6. . 12.0 .. /230.. s.. Eight... .. 115 .. 10 .. 26o .. 420 .. pp ... 73.. 1.5 .. I11M .. 63I TIm,...l s.. t ts .. 1 6.. l i.. 5*.. .levea... 80.. 145 .. 196 .. 350 .. 6I0 Twelve... 85 .. 155 .. 210 .. 380 .. i60 Thirteen. 90 .. I1l .. 220 .. 410 .. 620 ort.... 05 .. .. .. 42)o .. 03 .. Tsfteen.. 100.. 186 22e .. 460 .. 700 ThIrt.... 1i.. 330 .. 3 53 .. 70 .. 100 .. Monthly adverilstmet. umeaInu evey other dar, t be sbarged two-thirds the above rate. First and Fourth pes monthly advertisements each spWau, 2 per moath. Troasient advrtisements, Lhawv tine r of the paper. tns insertion, $1 00 per Square; meek sbsequet Insertlon, n scnt pr Square. leat and Fourth pag transieat advertsmets. each sarmeaies, 1 6o per squase Adver mes inser a s atervals, to be charged new serl inrtioe. Regular edvertsers, who adverties largely, shealt be a'tsowsd meIN eeo-at fruom above uamed Lmadins rales a may be awed upon: proded, ma to sese s han smeh dlssount Meeed A per cont. All business nottees of udvertsements to be Charged 20 agto aot per IIne, each itsertlon. All tranelent advertisemants must be peld fur n advsane. All advertisements not marked for any spedfed number of lsertons ll be published six lse anod charged accord All bills with reutlar adversoere dsul be readrred monthly. A equare Is the space occupied by ten lines soLd agte. THE W1EFJCLY CRIIBCENT Is published every Saturday morning. Subaeription, $5 per annum. in advance; bal yearly and quarterly, same ates; single coples, 10 oent. Bates of Advertistugs Squares. I month 2 moeth. 3 months. 6 months 12 months One..... SI netl u9et. S net. $20 n. |3 net. Two...... 1 .. 16 .. .. 32 .. 5.t) .. Three .. J I . 2 .. .. 28 .. 41 .. 71 oor... 1 .. 27 .. 35 .. .. .. love...... 1 , .. 33 .. 462 .. 6+ 1. 0 Fift n ...1 40 .. 75 . I. 1 / I . "G) .. Thirty.. ! 7 . 150.. 11 30 4 TUESDAY MORNING, FEBRUARY 9, 1$60. CITY TOPIC t The following true anecdote relative to one of the most popular ministers of New Orleane, and t one of the most talented divines In this country, will doubtless prove interesting to many of our readers : One Sunday evening, during the long continu ance of rainy Sabbaths with which we were re cently blessed, the church of the clergyman in i question was, on account of the weather, quite sparsely attended; so, just before commencing his sermon, the minister requested those of the h congregation who were seated in the galleries to come down stairs and take places near the front, so that he could, having the congregation more a together, preach more directly to them. The dis- f1 course which he then delivered was, even for him, V the most finished orator in the South, a pre eminently fine effort, and all who heard it were deeply impressed. The next morning the minister received a note without any signature, stating that the writer of it, a stranger in the city, had listened to his ser mon the previous evening, and had been much affected by it; and that in a certain livery stable naming one in the city-a horse had been left sub. ject to his (the clergyman's) order, as a slight token of the gratitude of the writer for the good that had been wrought in him, and closing with the assertion that if the minister did not take the horse it would remain in the hands of the livery stable keeper, for by the time the note had reached its destination its writelr would have left the city. d1 Of coarse the clergyman was much surprised, and hardly knew what to think of the singular to communication. But the next day he went to the stable named in It, and there found that a horse to had been left for him by a gentleman who had left the city. He took possession of his property, a and may have been seen several times since riding him. o0 Would it be presumptuous Ia us to suggest that now the minister has a horse, it would be quite in E. keeping for his congregation to present him with a buggy to match it? It would bs no more than i what Dr. Palmer deserves. As there is a great deal of curiosity now in town relative to the place of formation of the band of Y( revellers known to mort as Ye Mystick Krewe, we beg leave to allay id slight degree the public jot thirst for information. Between you and ourself, gentle reader, we will state, In striot eonfdenoe, Be that C. O'Mus, Esq., paid usa long and (to s) very satifactory visit yesterday. He was extreme- tsr ly communicative about the Krewe(s) he I to ( take to night, explainoing his route, place of form,. In tion, etc. The procession, one portion of it, will foim at the Canal street cemeteries, another por- le tion in a seminary (location not mentioned). a 1 third division (this will be long division-the out others are short ditto) in the editorial room of the CrcecE~T office, the balance of the forms will be Ut eomposed by the type stckers of the CaIsscrtT, who will be suenfliciently set up to deseurve a place Aft in the processiun. The Krewe will march all over town and then to the Opera House. This year got they will not go to Algliers. After giving us these I valuable and aulentic items, Mr. O'Mus (first drj name C.), extracting a fragrant Havana from his ( watch pocket, blew a cloud In whieh he slowly tiol disappeared, first, however, promistng to meet us E st the Opera Hone to- i We reluctantly bde ten ge." After which we lintiP4-' r,' *' . If there can be found on the face of the eath die such another crowd of gamblera, roughs, pick. V pockets and hard characters generally as gather on 8L Charles street, between Commercial Alley s and Poydras street, on Sunday evening at 'about the time the theaters are openfing, we should like men to hear of the circumstance. The scene is alto. gether unapproachabble, except perhape in some I portions of New York. T i The New Orleans Chamber of Commerce have nati acted wisely in appointing a board of marine in- he is specters. The board is composed of four gentle. A men of excelont reputation and of great expe rience in marutime affaIrs. Commodore m.W. W. Bunter is a Loutalaian by birth, and was for A thirty.ve years a dlstinguahed ofioer of the U S navy. When the revolutionary war broke out, FI the gallant seaman resigned his rank and jolod Toi the fortunes of his natIuve State and her siste of re the confederation. Heis the inventor of the The " Horsontal Supmerged Propller," elcemfully rau illustrated by the U. S. war steamer Aileghany, 26,OOM under hie commtnd duiag i throe years' cru in e both hemispheres. Havin, made avyl and marne echiteeture a specilI study, ia snlentifo and thice pranotiaJ developent1 hare been extensively re- II. 6eogied in Europe and in this country, ro these longer acqwt.'ement5, he ha il fe-loag, nnblemished craw private and profeesloal repottioe. The Captain Joseph ry has been aaval ofoer of ale the United Statee for over twenty years, and a she e Confederste naayl officer during the late revoi- ,,,,, tionary war. Be commanded the " Ivy" and the "Murepas." 1in reputation for iategrity, skill and energy duria hbis whole profeesionl earer is oANS. eospiceously creditab'e. Captain James C. Walner has been a mater of a vessel out of the port of New Orlesa since 1847, nine years in the Havre packets, and commanded three of those. Reared a seaman from the age of twelve years, he has served in every capacity in a ship, from the hawse hole to the taffrall. He is a gentlema well known to the commereial com Smalty of New Orleans for his Integrity and skill is his vocation. Captain Richard Gayle has been educated at the U. 8. Naval School, and served in the U. S. navy. He Is distingouished as an accomplished master of a oaths vessel in the merchant marine, under dircum - stances where skill, vigilance and knowledge of nt. seamanhbip were emihently requisite. The duties of these officers are: inspecting sa!l. ing vessels, steamships and steamboats, damaged goods from cargo, the condition of vessels; their rates, seafaring qualities, speed rid reliability all requiring the utmost experience and practical knowledge that a sautical man can possibly have acquired. That the Chamber of Commerce have been most fortunate is their selection, the whole commercial population will cheerfully admit. The four appointees are all known to be men of the 0 b* strictest honor and conscientiousness, and nobody will ever hesitate to ship freight or take passage in a vessal rated first-rate by all or any of their aer. board. tman, The Chamber of Commerce and the New Or _ leans Underwriters deserve the hearty thanks of the entire commonity for the appointment of this tnew board. owed We under dnd that there was $4500 subscribed w toe in Parson Newman's church last Sunday. Object: Ouls to pay the debts of the church. id 0 There was a meeting of "the (whisky and) 05 waters" on Bun-aturday, on board the Hamburg or teamer Sxonia, Capt. Kien, which leaves to. morrow for that port. Head went on board to thll. stay half an hour; but Capt. glen and the first officer, Mr. Melio, made themselves so con foundedly agreeable that he staid all day. The Hamburg steamer Saxonia, is an Al steamship, . s5 equal to any " Cunarder ;" and if this scribbler " was going "across." he would not hesitate as to his rrcd. Capt. Kien is a German, but heis good and liberal enough to be an American-or, " any other man." Success to him and his steamship Saxonia. at. There is a proposition now bef&e the Legisla ture which interests a great many people. It i to pave St. Charles street, from Tivoli Circle to Car rollton, on both sides, with the Nicolson pavement, the contract to be given to the Southern Paving Company at $3 65 per square yard, superficial 60. measure. The bill provides that the expenses shall be paid one-fourth by the several corpora. tion s of New Orleans, Jefferson City and Carroll. ton, one-fourth by the State of Louisiana, and one of half by the owners of the land in front of which an the road will be constructed. That this would be try, an immense improvement is not to be doubted, our and that the value of property situated on St. Charles street will materially increase as soon as ou- the improvement is completed is not to be dis. re- puted. The bill is now before the House, where in it originated. ilte Gen. Sherman was at the Opera House last tlg night. He was accompanied by his daughter and the his staff. Ito ,nt, Tae very latest and most excruciating agony is ore a triangular visiting card. It is an importation jig. from Baltimore, where it is said to be the rage. im, What next ? re re EDITORIAL PAR&oEAPUS., ETC. This Is Mardi-Gras. ote Pint Clear hotel is for sale. of California mining news is good. er- Grant attended IDilo's on the 4th. Lch Alta Vela is dropped for the session. I- Gen. Bampson Mason, of Ohio, is dead. b.. Hoe wants his press patent extended. lht NJ negroes at the inauguration ball. od Henderson has gone health-hunting to Cubs. ith Parepa has the rheumatism. he New York arming against ruffians. t ry Last year produced a crop of ninety-six D. D's. ' ad Dem'd moist, unpleasant days Sunday and Mon- [ Ly. day. d, Massachusetts proposes a school of hortioulture at for women. h he Fasnny Fern don't know about taking children e ' to church. She wants children to be happy. a ad Rev. Dr. Hutchinson, of St. Louis, leaves the a y. ministry and $6000 a year. e 8 Black's new opera house, Springfield, Illinois, is g open. at Carrier-pigeons are coming into use again in ,' in England and Prance. th Bishop Simpson is mentioned as Grant's secre- h n tary of state. b There is a rumor that Ketchum has been secretly pardoned and released. ro Mrs. CLanfran is still painfully ill In New L of York. e, A European letter says Carlotta will make a p ic journey to England aol America this year. a f, The eussaist Whipple is usaid to have left the m a, Bston Transcript. p I) A New York hatter is gettleg up a complimeo. th a- tsry insauguration tile for Grant-size 7. in 0 Gen. Ames, nilitary gov.rnor of MisasLippi, is so I* to town. II Michigan is getting to be the Mecca of spritual. In r- I1cm. at a The New York Jockey Club have 19 races laid o e out for next summer. U S A new tuaker college in laws is to be called ha e Uhittier college. wa r, An Arizona farmer wants to sell a small farm of wi e fifteen hundred thousand ores. be r Thanks to the officers of the steamers Main-t r gorda and Louise. fot e It takes forty horses to carry on A. T. Stewart's e It dry goods business. aE S Geo. T. Curtis deprecates thu threatened rejec- the y tion of the Alalbam treaty. ne a Boeton wants a music hail capabe of holding a ten thousand persons. cr dier! Paris ha subscribed $bout $000 for a statue to b Voltaire. T Our thanhks are doe to Senator Harris and Repre sentative Blackburn for valuable public docu ments. hal Mr. John H. Maginnls, of New Orleans, and s Miss Lizzie C. Tweed, of New York, were married sg in the latter city on the 3d. r The Washington correspondent of the Cincin. lo narti Commercial blows up the dian bureau until (M he is black in the face. and A New York bouquet-Rosa Cook, Rose Eyt- P ings, Roe Belle, Parepa Rosa, and the meorose c According to the telegraph, Grant ate two din- rr nMrs In New York os the 4th-one with Hamilton m Fish, and one with Moses H. Griasel. The Turks are adopting gs, probjby because Hon The aggregate nightly attendance at places of samusement in New York city is estimated at over note 26,000. We have the announcement from Paris that 10 Mesrs. Maon and Slidell will shortly return to sumn this cotry In compaeny with Jelerson Davis. to N Ifthi sort of wether to be oontalnued maeh apec Iarg, Loui a wtill have to be ebeded to a dd Mrawfb and deckal ease The sretary of the inteior approves of Vio --e Ream's cst of the Llnemk statue, ad ays a she as entitled to g6000 Le-er. "L. M. O ," of New Orleans, rnds Rev. Dr. I a ad the Newman a very seracd letere in the Planter.' F, skill Baneer. reer is Ia committee the other day, Broomarl said that the soul, brain and prilciples of Washington cor er of a respondents were for sale. 1847, Ia a speech in Bedfordshlre,Beverdy said there anded was nothing in the constitution against a female age of presidenL ty in a The Missouri legislature did the agreeeble to the e is a woman's suoiage delegation, and listened to their com- speeches. d skill Gen. Sherman proposes to visit the forts down the river on Wednesday, and leave for Alexandria, at the La., on Thhurday. navy. The roads are still horrible, says the Planters' er of a Banner. Cane lanting is retarded to the great Ircm' detriment of thitnterests of the country. Ige of Halleek was in the habit of composing verses without the aid of pen and ink, keeping them in g sall. his memory, and retouching them at his Jeisure. naged Rogers, of the Boston Journal, who went to their California for his health, returned almost immedi lity- ately, notlikng the climate. otioal They raise all sorts of sheep in this country. have The South-down thrives down Bouth.-[-Courier have Journal. whole In Concord, N. H., a widow woman with $5,. dmi 000 a year income does housework for weekly f the wages. body A sign in New York is Inscribed : "Madame S-, Clairvoyance and Palmistry; also, Plain their Washing Done." Mr. Swords pablishes the Vicksburg Herald, and Mr. Spears edits it We can only suppose that Or- their readers musket an arrow minded-oh, kg of bother!--[Cloinnnati Commercial. f this The Washington correspondents, who make and unmake reputations, are a youthful lot. They generally have more nose for news than brains for ribed reflection. jject: If you steal a dollar you are a criminal. But you can make all right by stealing nine hundred and ninety-nine thousand nine hundred and ninety. and) nine more.-[Ex. iborg The Planters' Banner says there is not one ato country newspaper o .e out of five in which there rd to is as much money as may be found in twenty acres 1 frst of good land ad a pair of mules. I con- The Alabama State Journal arys: "One of the The most corrupting nuieances in Moetgomery is the I ship, great number of lewd women, who have rooms bbler over almost every store in the city." as to The poet Balleck argued in favor of a monarchy good and an established church. " The ship of state," I any he used to sy, " must be governed and navigated t ship like any other ship, without consulting the crew." The cause of Weston's being behind is said to be the necessity of stopping to rob his ears, these isla frosty mornings. The extent of surface to be gone over consumes a great deal of time.-[Cin 1s to cionati Commercial. Car- Mrs. Stover and her children left Washington on I cent, the 4th for her home in Tennessee. The prest ying dent's wife, on account of feeble health, was un. icial able to accompay her daughter, as she had in nses tended. a eorsa Gen. Grant was once a tanner. Some people n aroll may have heard of this; but so also was Jay one- Oould; so was John Scott, United States senator c, hi-h elect from Pennsylvania; and so was Speaker as d be Younglove, of the New York Assembly. >ted, Without the stump, says Horace Greeley, I - St. doubt the posqibility of maintaining institutintuti o in as more than nominally Republican. The American U disl stump fills the place of the French coup d'Wiat and a here of the Spanish American pronunciamiento. Mexican bandits are a courteous set. Gutierrez, last captain of a band in Jalisco, made one of his cap- ti and tive the present of a "bUied shirt" and a cigar. case, and gave him a pass which was duly honored a by the next " small party." U ,y is Kosmuth passes, every day, several hours at the tion graves of his wife and daughter, in the Genoa at age. cemetery. He is too poor to erect monuments on them, and has refused all the offers of his friends ol to give him money for this purpose. tb The followinr personal advertisement is from 5C the New York Herald: " If the party who took a fancy to my overcoat was influeneed by the in clemency of the weather, all right, but if by com- th ,uc, wvzu. l. u w...o r awm reauy to negotiate for t its return. John Brougham, 32; West Fourteenth hi street" er Mr. E. A. Pollard is "played out." He says w' he made oath that he had done nothing to encou. tb rage the rebellion because he was told by an em- tri ployt of Collector Smythe that he had as much right ' to take such an oath asu fr. Vallandigham or lieu t Wood would have. Whatever he may have been Ct told, he knew that the oath, taken upon his lips, tL ) e.was perjury. He is not to be believed on oath.- Cu [on. [Louisville Courier.Journal. They have a novel glan for bathing in the White re tin wre Pine district, Nevada. The altitude of the town he is such that t it often enveloped in a cloud in the lio ran early morning. The citizens go Into the open thi air in a nude state, and by moving about gather of the sufficient moisture upon their bodies to enable them to bathe. As water costs ten conts a dk I, is gallon, the plan is a very economical one. Standing in the rotunda the other day. I saw a in fat, cosrse, overdressed, simpering female go by. Sla "She is living under the protection of General hta Volcilesabre!" aid my acquaintance; "that is, :re- he keeps her I" I fell to tinktog how appli'as ble was the word " protection " to this sort of rtly woman, and whether the relation was not the er origin of the word " protectionist" accepted by our Pennsylvania pensioners.-[Washington p ew Letter. Detailed accounts are given of Patti's frst ap. ea pearuace in St.L Petersburg, on the8th of Jano. ary. The grand dochess and all the oourt, the DU he ministers and the high nobility of Russia were tric present. The wildest prices were paid for places, ' so- the stalin being let on an average of sixty dollars in gold apliece. Never before has Patti weted aft i such a furore. pla It hasu been reported that Grant objects to riding rig I n the same earriage with Mr.Johnson on inangur. ad atlon day. 'lhe other day he was quizzed on the twe id subject, and replied that he supposed it wuan ca astabli hed fact that the president elect would ed have to go to the Capitol to be sworn in, but he was not aware of any constitutIonal provision of which required the retiring offlcer to go there to be sworn out. re Is A four-column criticism on the opening per. tric formance at Booth's Theater begins in this way: ali "t's It wa privilege to help in the inauguration of t a 8bhakspearian theater, and the flinging open of sol Sthe white portals last night was to let a flood of ele new glory oat upon the sodden city, io which was to a i8 a promiseof lasting radiance, reflected with In. creased intensity from a wonderfully resplendeut his The Emperor Napoleon oused to receive every day from the publisher of the old Moniteuor three for Scopies of the paper splendidly printed on vellum. w The new Journal Ofmclel sends also three copies to peal e the emperor, only they are like anybody else's, on c common paper. The frst day it came in that for Svulgar shape, Napoleon the Third said othing, to d but twisted his mnstache, this being the greatest sign cf astonishment in the ruler of France. No tail-race, full to overflowing from the rap. Avo lured ilsm of a country saw mill, ever ponred of, 5 along s i~h a torrent u this orator of Tennessee totec 1 (Mulin). Almost every member left his seat, right and, cr,,wding about him, they laughed and rp. SpOtl pianded as he swung on, pictoringthi woes of the aid red man, and tumblmg in the continent of Miner- Whici a Ica upon Asia, Africa, Arabia and the Holy Land upon with a Passig glance at the starry heavens, the that terrestrial giobe, hell and the devil--in which last govel named he located rebels and Copperheade-leavr. plaln ing them taking the oath of allegiance, aid effect hrse of aends and roars of laughter from the eleot Hoose.-(Washiington Lette, would Mrs. Betaey Bogers, of Newbury, Massehu. asi atts, who died recently, was a character of some las note in that vicilnity. She was in her nloety-dith for year, and leave behind no less than fivse genera. atho tois, embracing nearly fifty deseendants. Lat Wi summer, on her ninety-fifth birthday, she walked toapp to Newburyport, a distance of fivear miles, bringiag 1856 p a peck of berries on each arm, which she sold for fclat a dollar a quart, after which she was driven tn a sd sach ad pair, with many mahrks of appreelato cones nd flood wll. wc tios. l anictr Keep &leogan, 38 Tcopitonlas room, treet, forb. hdwnre, cutleryplow, plo shoa. . 't. t ias, sgrlcujirl mplements, etc. Prices low. $:C0U inter' Saprene Coirt hecsOlns. id that The followlag deebalos wem delivered by this on cor* court yesterday. Presset: Assootate Jatice Howell, Haos and Wyley. Absent: Chief Jos e there tice Ludeling and Associate Justice Talaferro: female NI AgoclrAT JtiTIII wrLrSY. No. -, Alceide Bonanchaud vs. Chas. D. to the Bebert, appeal from the Seventh Judicial District, Stheir parish of Polate Coupe. The plaintiff, A. Boouaeband, is the duly elected do udge of the parish of Polite Ooap6e, and, as a down such alleges that heb iauthorised and-empowered andria, by the Coastitntion of this State to exercise and perform all the duties appertaining to said oe, and to colleot and recetve all the tees and emolu ments appertaining or belonging thereto, or great which are allowed by law for each services as the law required the clerks of the late district court veree to render in succession cases, and such civil suites as have been by the Constitution of 1868 tras kem in ferred to the parish court; that these rights are are. given to the judge of the parish exclusively by ent to article eighty-six of the Constitution. The follow medi. ing is the decree of the court below : " It is therefore ordered, adjudged and decreed that the injunction sued out by plaintiff in the case tuntry. be maintained. That the plaintiff. Aloelde Bouan. onrier- chaud, judge of the parih cortor the parish of Pointe Coup6e, be decreed to have the sole and h es,. exclusive right to act as clerk of his own court, reekly and to receive all the fees allowed by law for hba ness in his court; and that the defendant, Charles D. IHebert, cleak of the district court, be and he is adame hereby perpetually enjoined from acting as clerk o( Plain said parish court, or interfering in any way with the buainess thereof, and from collecting or attempt ing to collect any fees or compensation for or on id, ad account of services rendered by him in his said Stht capacity of c officio clerk of said parish court, or d-ob, of any suit, hesness or legal proceedings had or dones in said ( urt. It is further ordered that de fe and fondant psycis of suit." They T1e jodgment of the district court affirmed Cooley & Phillips for plaintiff ; F. H. Farrar for defendant. But The decision of the judge of the Seventh Judi i sdred clal District was published in this paper on the dinety 16th December, 1868. " BY ASSOCIATE JUSTICE W. 0. WYLEY. it one No. 478-Samuel SnodgraeM, appellant, vs. a there Theo. A. Adams, appellees. appeal from Second acres District Court of hew Orleans. Geo. L. Bright, for appellant, C. Rosellur and A. Phillips, for ap. h pellee. t of the On the 7th of February, 162, plaintiff purchased is the from the defendant 375 rolls of India bagging, s rooms which had been imported by the defendant from a foreign country in the Spanish ship Mouserrat, t that arrived at the port of New Orleans on the o archy 27th of May, 1861. The duties thereon were col. b tate," lected by Mr. F. H. Hatch, then acting as collec r sated tor of customs a this port for the Confederate a row." 8tates, but he had been commisaioned by the t United States. Plaintiff afterwards sold all the tI Itobe lot of bagging, except 120 rolls, containing 14,400 b these yards, which were taken possession of by the U. to be . when the Federal forces captured the city. and t -[Cia- are detained for the duties claimed to be due at thereon to the U. 8 government. On the 8th c on on December, li;2, plaintiff being informed of this prees- seizure, notltied the defendant thereof, and de- b e on manded the return of the bagging to him agin free of all claims of the United States, or the p ad in- amount paid by him for the 120 rolls, to wit, 83 456, and the defendant refused to comply with the de eople mend. ople ainti then instituted this suit for the recisalon Jay of the sale to the extent of the 120 rolls, and to re nator cover the amount paid therefor by him as afore. taker said. Defendant answered, averring that when the car. go arrived at the Custom Bouse, on 27th May, , 1861, it was regularly entered and the duoies there. ititns on iuly paid; and having sold and delivered it to ricn the plaintiff on 7th Feb., 1862, it remained there l and after at his rik. On the trial in the lower court there was jidg.- n ment of non suit, and the plaintiff has appealed. rrez, There is no dispute as to the facts. The ques cap. tion for us to determine is whether the sale of the igar. India bagging at the time imposed upJn the de fendant an obligation to warrant the purchaser gored agaist the payment of the import duties of the U. S. thereon. b it the Bad the male occurred under ordinary circm enoa stances, whilst the federal government was in on- of disturbed administration of its revenue laws at the ta on port of New Orleans, it would have imposed the be endsd obligation of warranty on the vendor to maintain be the purchaser peaceable poessestin of the thing from sold, against the claims of the government for da ties thereon, and against the claims of all other BL perons. se B in- I;elag in possession of a foreign fabric at this port, di com- the defendant would have been presumed to h ive e 0or rd t`° JItere wv theo rv, umsu., sun the plain. tiff who purchased it from him could have held tenth him liable In warranty if evicted by the gou. sot ercment. lBut on 7th Feb., 1,62, when this sale ish ay was marde the vendor and the vendee knew that Ph cou. they were contracting in an insurrectionary dis- el em- trict: that at the time, and for twelve monthspre. T right vius, the administration of the revenue laws of tw' lien the United States had been obstructed, and the pet been Custom Houe at thls port was in possession of a lips, the sc cal!ed Confederate govertrmeut, which was the h. co!ectiog the duties. Rho The psrties are presumed to hsve con'racte in be te reference to the surrounding circometan'es at the der time. As the duties were not then being collected of own hereby the Un'ted States on accountof the rebel- cia Sthe lion, the plaintiff is presumed to have purchased )pen the bagging at lis own risk, so far as the claims and ther of the United States might extend for duties to thereon. 1c ULder the circnmstances, the cintrrct of sale its a did rot, in our opinion, create the obligation of tho warranty as against the United States. Plaintiff bought the property in a rebellious b State, at a time when the surrounding circum- or er stances created the presumption that the dutie. ti I had not been paid to the federal government. The S parties evidently contracted in view of that fact. to We are of opinion that the district judge did not the err in rendering judgment of non-sule. pe. ted Itie, therefore, ordered that the judgment ip- par t peasled from be affirmed with costs. ton (Justice Bowell recoued.) There were but Cle three judges on the bench. the BY ASSOCIATS JUSTICE HOWELL. * No. 1946-The State of Lonislan, ex rel. J.J by the Dueote, vs. the judge of the Seventh Judicial Dis. dim ere trict. this em, hlbs an pplcation for mandamus to obtain ar suspensive appeal. It appears from the answer of the jndge that In a aftertheordeg in the maodamnus proceeding com plafed of, the sult of this petitioner ooutestin the a leg right of J. W. Creagh to the office of sherif of Avoyalle, was decided in favor of the former, t I r and the judgment thereon has become final be the tween the parties, and hence no nuseful purpose ao can be effected by the mandamusesought. old It is, therefore, ordered that the role taten ing herin on the 14th tLecember, 1868, be discharged o' Yon AssOCITrs JUaTICl L . nOwLL. only to No. 1943--The State of Louiasana ez. rel. J. W. y t (reagh vs. the judge of the Seventh Judicial Dis- the er- trict. The petlloer averrs that J. J. D)ucote, witn y: alleging himself to be the legal acting sheriff of It the pariheb of Avoyelles, obtained from the district by p Sjudge a writ of meadamus which was made ab. beat of solute, ordering petitioner who was then tue duly ties of elected, qualified and acting sherif of said pariah, pliel S to surrender to said Duocote the office, room, keys. form n bocks and papers of said sherirs ofie, thereby men itjuring petitioner, by compelling hit to vacate alie ant blhs ffice whl,.t bhe held a valid commission there the sa:d judge, he had given bcud sind -lUled fora seusnsirde pppeal tromstoid order which . rurefused odd intead thereovadevolutive ap- or U to peal was granted; that the matter in dispute ax . - ceeds 810(0, and having complied with the law tor a on he is entitled to a suspensive appeal, and he prayi s I at for a writ of mandamus direcen the ald judgue pro i, to grantit to him. inat answer the judge admits the allegations of serv the petitioner exe-pt that said Creh was, at the at o date of the applio~lo~, the lawful sheriff' of torni Z Avoyelles, er wutajured by the order complained his d of, nd he salleges tat at said date a it ine- tted . tIted Ly aid J. J. Ducote, contesting petitioner'r law, t, rght to maid t(i:e had been duly tried before re- thete Sspondent and a jury, a verdict given in fevor of at II 10 said lttcoeo. ard a judgment rendered thereon doubi r- whichhad je enfnal between the rts, and do Sponwch b b no appeal could be allowed, E Stat thereupon a commirson ws leaued by the hcl , governcr to said Ducote ; that the order corn- that ptlined of was only and substantlly carrPlynog into obeya d efect the final Judgment In the mid coestted cogtii a election cse,ad a aneapneiv.e pe as ase d for tbl would be a iodirect manner of obtaining a es-sire pensve appeal from said final jadgment which it I wU not applicable ; and he refers as to the sat of cotihi 1S55 relatire to electios, pp. 415, 416, a. 44, w. for tde law declaring inch jtdgments final, and of the anthorixing the governor to ae a commission whih While the judge isin error as to the law elaie wn Ito appeals in contested elcicona e, (ee a~te ficlnt reasons to justify his condact- Frm the neuf eeed erein, has permitted the /jdgmentI. the None contesting election cnae tobecomeetory, andc't all null he cannotin this indirect anner stay its c cted Bo. He does not, bede, sho tht -theec- wil room, eyi, boohi ad ppeir re hisp or those that hirs peonian Inte-s the r Weio e [. nemc the rlegasion that tLe matter in disput. exaeds ifor 1000 does not change the legal eLat~t of eald ircaca room, k17A eta., prte tothe eheril's o, e. It is trdnd that- the role taken herea be di m this d ith onta. ti ABIOO0?ai JUSTIC 5. K. sOWVLL. No. 1393-Bridget Grady. admiaistratrix, vs. J Louis Dsoebry Sr., t, al-.-Appeal from the Dte rro: trict Court, pariah of lbervile. A. Talbot for platintiffand appellee; Barrow and Pope, W. B. SD Robertson and Osr Lve for defendants and tr Iot, ea salt on a Joint eonaet between the de. le fendants and plahattad' khahead, for the laprove ad, as met of the drainage of Baye Boarbleux, la the wered parishes of Ibervlle and West Baton Rouge, and me a nd which the former parties bound themselves to ome, pay,to the latter the total sum of $16,000 daring the progress and on the completion of said work. to, or which was to be performed socording to the stip as the ulaions In said contract. court The parties first cited exepted to the partition suite on the ground that the contract sued on being a trues joint contract, was not complete and bindiog, as to are one of the contracting parties had not signed, sad by another signed conditionally, and the considers ow. lion was not accepted by the others. By an amended petition acsecompanied by the original screed contract, the party alleged not to have signed was e case made a party to the eait upon the averment that louan. he was a party toeild original contract whiobh was 'lah of proved, and the only questlon on the exceptions is le and whether or not the condition sanexed to the name court, of one J. A. Levigue, in the following words: :a r bas- condition que ji mal egottld," was accepted. harles On the trial of these exoeptions a contract be. I he is tween the State saglueer and these defendante lerk was introduced, by which the latter had agreed Ith the to do the work of improvlqg the Bayou Bonrbikux mpt as authorined by act of 1-67, p. 162. and for a sum or on to be collected by the engineer from the owners ls said of the land drmnad, and paid to defendants as :he rt, or work progressed. By the contract sued on this lad or same work was to be done by plaintiff's husb.nd at de. for the defendants. The engineer testifies that at the date of fivie his testimony he had not paid to Irmed defendants InTll the amount coming to them as per contract between-him sad them; that It was or for not the main reason in entering Into contract with them; that they bad an interest in the improve Judi, ment of the bayou. The main reason was that te the they were the lowest biddets to do the work; that the land of Levigne was embraced in the survey required to be made, and was drained by erid bayou. The above statute authorised the engi , . neer to lett said work by contract,whioh should econd be binding on all the proprietors of the lands the right, same as if they had pereonally bound themselveq i ap- n said contract. Under this state of facts and the law we must infer the acceptance and fulfil based meat of the condition of such acceptance was as aging, sential. from The defendants had bound themselve as con. t rrat, tractors with the State engineer to do the work, a the or cause it to be done, without reference to any £ a col- benefit to their own lands. They had evidently >llec. received a part of the prie from the engineer; orate and the land of Levigne was drained according the to the condition. We aoenot wse any legal objec I the tion to the tet y of the enginer as to the I 4,400 benefit of Leviue's land. e . The egineer had fall control and suporvislon of .and the work as it progresed, nd was by the law I due and the contracts the judge of its character and I r 8th completion, nd he could teatify e nthe subject. fthis No objection is urged to the amounts found due i de- by the judge a quo. ag-in It is. therefore, ordered that the judgment ap the pealed from be affirmed, with costs. 456, TB AssocmIar JUSTInc HOWULL. de- No.199s-P. M. Lpice vs. P. M. Lapice at ala. talon Appeal ftom the district court, parish of St. James. o re f e Fellows & Mills for appellees, L. Casters and I C. Hunt for appellant. a Mr. Longper6 Pligersld, a third person, alleg- c a g that she is a mortgage creditor of the defend ere- nts, and that she io aggrieved by the order of i it to seinure and sale insed ha this suit, has appealed ore- therefrom, and the firt question presented as, has f, she seh iaterest as to malatain this appeal. dg- The only Inquiry on such appeal is whether or d. not the judge had sufficient evidence before him 1% to authorize his flat, 6 B. 68. 11 A. 4; and the C the appellant complains that there is no authentic et de evidence of his special indorsements on the note eer held by plaintiff, and he therefore is without right of the to the same. She can avail herself of all that is 1J 1 in the record, which afects her rights, (3 R. 116,) im- but it is clear that the only Interest which she can C, have in this suit ts. as to the existence or validity the of plaintiff's mortgage, which cannot be Inquired the into on this appeal. Her mortgage right cannot n be effeeted by the quetion in whom the title to the note in sut legally exists. P It is a question which the defendants may waive her and therefore one of which she cannot avail her self in this form of proceeding. See 7 N. S.. G6;. It Ie therefore ordered that the appeal herein be c dismissed with costs. sin- BY AIBOCIAVI JUSttICI HOWri. r . ield No. 1583-S-amuel Smith & Co. vs. J. Ii. Morri gn toy- son. Appeal from the District Court for the par iae sh of Point Coup6e. Harrison & Hanter ason E. at Phillips for plaintiff and appellees, Charles E. dis- Schmidt for defendant and appelaet. Crs re This suit was brought ma a personal acnotion on I of two promissory notee, and afterwards an amended gee the petition was fled, allegin t that they were given arc f as part of the price of a plantation, and asking co ase that a special mortgage and vendor's privilege, asde in ahown by the annexed act of sale and mortgage, "" t be recognized and enforced. Judgment was ren- tio1 the dered on default and confirmed for the amount exi ted of the notes with mportgage and privilege ai V eol- claimed. 4 sod The defendant has taken a devolutive appeal, the ia and Le esign nas error that there is no evidence hot tee to ewtablish the mortgage and privilege al lowed. le• te The court, after giving reasons and citing an. co1 of thoritiec, decides: ant It is therefore ordered that the Judgment ap. not us pealed from be reversed and the cause remanded A mm- for further proceedings according to law. Plain- P Stif topay corts of appeal of ct. tT AssocIAY Juericn now. libi tot No. 1563--SacceMaoa of Clement Wilkin. Ap. cn peal from the teoond Judicial District Court, ma p- parish of Joeraon. This is an action to sanul the will of the late Nem ut Clement Wilkhin. From a judgment malntalmg The the will the heirs at law proswoute this appeal. rat The instrunmatln quetlon i a anonupastive will T Sby publio act, and lisn the following words, (the bee Sdisposition, which it is annecessary to consider in and this ciee, being omitted:) Ten tin STATE OF LOCIBIAwA, PAirHa OF JFregRsEr. tha Be at known, that I. P. E. Davis, a notary public Agi s in and for the parish of Jefferson, on the 5th Bus mt March, l166, repaired to the house of t'lement tem ihe Hilkin, an Inhabitant of said pariah of Jefferson Jeti of and State of l.oouians, where, at his request and has at his dictation, the following lIstrument was higI e- written by mid notary, and desiared by amid C.l to o Wilkin tobe his lat wn aud testament. frot 0 Then follows the certifacate and the thre attest- ec n ing wiltnese, toglether with the notary. Vartoa bee ed grounds of nulltty are urged, but In the view we bn have taken of the ca it neceary to consider cal only the followtig: you "It does not appear that the will was dictatd the I. by the testator, received by the notary, and iy the latter writen down in the presence of tie of It is well settled that sinew a cnancuative wll ct by public act, makes full proof of itself, Imt of I b beer upon its face the evidence that all the formol. erin iy ties required by law for It- validity have been co-. mile h, piled wilb, insemuch ma the flllment of thse pub f, formarlties, when not apparent from the inur ra iy ment itself, cannot be established by eviden e sold te al,,le. (C. C., 140; 1 La., 82.) doo :. .._ '_..A s i :,_ _dfea dun . atu cp t".se di id teuan;ett by public act mnst be received by a To Snotary public , in the pre e of three wmne.., oft rh Erpdng in the place where the will is executi, ad Sor ct ie witnese not reaiding in the place." ' le n STe rtestamen a ostbe dictated by te he t ra w tor rd written by the notary ma it is dictated.', ciy. "e It enet thene eadt the ortetaor In e crop presence of the witnhesu" hem "Expresa mention L mede of the whole, oh,- . it serring fliat all thome formalitles must be fulSl'rol next aat One tame wthout iterrptgoa, ad wltl-n Plte f trning alde to otherat" ,the tnttor diotiri liens dhi deres, and the tary writing what Is so It - I- tated in the preDss ofte w it s requird Iy Cpca ,lw, and, a. the will mnut aIterwrd be re to eight the ieetator in the presence of the ama wltnesss, A at the ame inrw, th law raha proridetl, gre double segouard against both heomst mistaka daJ, I dhonest practice. 12 .A. 111, 8 Alan 4-93 lst. Expres mention mnat then be made of the road a , tle, tat it m apppear hr authentic evideane at, t.he commartr, have .-u night obejd, On no other conditlon will the law re cogunise the tetaentd ma iegal, and suffer the "'e- nme teblbhed order of sunemjon to yield to the tO ,. l airfe of tte tatiwn. It in plain that in the tetament we are now Oonsidering there b no Orpress mention that tme The wlfdbssee were preeent at te importrnt portlion becon of the reception of the testamentbt notary lined which coadito of the dctration a riting downt ofete So far as theo|rmant informs as, one of the in twe witnemes, u In the caue of Iangley, U l2Louiua iii iii i1gir ! thve bees absent dertgrnartogoe tesu, 8 nan. d9l might have gon adtbo tttenoe mind, to his buines dunrig the uroperso dictont.' incom None of the wfiir.m e jmt0 t dcti all until the yee D been preesnt at the ca the w t-i~bsi an ImpiOtan momente it iforteid en aeU to abow that MOt4 preent form drag to lat. tey " ported o19c . 'VCrsltine vs. Verbois, 11 Ann, 108, a will ap. be di- 4cuy Identical in form with the one in this cl was annulled for the same reason now urged .L. h .apeillants. In Devail vs. Palms, 20 Ann., x Y vs. atmilr decslion was made upon a testaments h b ¶Sihlnb the formal parts were verbatlm those of ht for .estament in this case. Each case was in af W B f iance of the opinion of the distriot judge. We t and clderthe question settled, sad ttled correctly. is a ged by appellees that the decisions cited the do. tiLn coalo withthte eases of Piserot vs. Me. the de n, 3 M., 144. Staffurd vs. Stafford. 12 L., 4 l2. lathe Nder vs. McCarty, 7 Ann., 486, and Lawson va. ge, and 4 sou, 12 Ann., 604. Ives to + Stafford vs. Staford the question now 1n. drg eed was not passed upon by the nourt. In Net. I work 4. vs. McCarty the language of the will express. theo ti b the witnesses were present at the dicta. ' 4e writing down, and there is no reason trtition y thatthat the deciioq did not proceed upon the belig a " oeltion that such mntilon was absolutely re i ain Lawson vs. Lawson, a case not entirely li e oders at, the certificate of the notary was construert B) to wtwomembers of the court, at least to show iBy anl t all formalities were " done" In the presence irigial tb witnesses, and upon this mention, together nt thatr h an alleged defect in pleading, they relied for sh wau itaining the will. In Pizerot vs. Moeollon there S mas to hayv been other considerations which ns e reorged is malntainlig the will; but if thati s e . and the case of Lawson. go to the extent limed by the p eUlees, they must be deemed to st er been overrufed. .sth ' We do not consider that the phrasz " express reed ea tion" requires the use of any sacrament or Jeu i J rmula, but it certainly requires the nse of some a IU - tards which will make authentic proof that all asem le legal formalities have been fulfilled. There wnas fie no such words in the testament before us to Sthi hove that the witnesses were present before It *asand wes read aloud to the testator. bat nt It is therefore ordered that the judgment ap ,id to uoaled from be reversed. And proceeding to rea m air such judgment as ought to have been rendered Swas bf the oourt below, its is farther ordered sad d-. Swith creed that the last will and testament of Clement ,ve 1kln, deeeased, be and the same is hereby de Sthat ired null and veld, and that the probate thereof that d set aside, the costs in both courts to be burno ry by the estate. said Mr. Justice Howell reoused. erg- heould Bus ala o aer orsng M College. Is the - aelvq ITI rrTLDINO, MATRIAL AND Pt"RNTrTRZ TOTALLy aD ad DalssOYsD-eaU Loss. fofil - s s [From the Mobile i gise-Lvening EdlUon-Feb. 5 It is with the deepest regret that we chrouileo I co. the entire destruction, by fire, of this noble loati work, totio of learning. Lass night, at a quarter be. Sany fre I1 o'clock, the smell of smoke, followed by ently immediate sight of fire bursting out in the center neer; ust the main building, aroused the olfeers of the rding college. The alarm was at once given; the pupils ibjec. ere aroused, and every precaution was taken to the Wevent a panic among the inmates of the build ing. But the terrible element had already mrade ion of such headway, that it was only by presence of slaw rind sand careful management that the whole r and honusehold were saved without hurt or accident, in ot. the clethes they stood in and with nothing else Sdue beside. The entire college budllding was utterly destroyed. t Ap The furniture, library, philosophical apparatus) laboratory and the clothing, and personal ellects of both teachers and students were entirely con a smed-scarce a vestige of any of them being ft. left. St. How the Are originated we were unable to learn. The officers of the college themselves have a no idea, but believe it was one of those unc countable incidents that cannot be traced to its lleg- cause. Whether from a defective flue from a fnd chance spark, or a light accidentally lift, none i of know. Waled When we reached the scene this morning, the has fathers were grouped in the pathway north of the spain building, talking over their loses with pa hr or tent philosophy and a perfect resignation to them. hi We were specially glad to be informed by Father the Cornette that he had been able to save the manus. tic eript notes of the history of the college, from its nuts o oundation, and also a few scienttfic notes of his ight own. But of all his carefully collected sclentithl Si lbrary, every valuable instrument and his whole 6,) museum of valuable minerals of S ,uth America, a a Central America and Mexico, not one vestige rc fdiy mcains. These losses are irreparable, for Father Cor not ette spent ten years in their collection in the e to coantries named, and gave to it a zeal, knowledge pod care that made it beyond value. He would ive ave refused $10,000 for the minerals alone. An- ' her other interestin object destroyed was a full and '' refuil clasified colleetion of the flora of Spring be ill, which to our surprise we were informed, pontained some fifteen hundred distinct varieties. k t.e e. thatI. s we heard most hol.uently re rri retted was that of a oaderfuliy carved oructix, mar In white wood, which hung among the sacred . ella of the museum. It was carved by an note. E. lored and recently converted Central American Indian. Seeing him use his knife with great skill, on Father Cornette, in one of his rambles in seat ch of led geographical trophies, asked if he could make a ven ruciflx. The Indian reflected a day, and then in coming to him, asked : "hall he be dying or dead ?" On being answered "dying," he weot to ework and produced a laoe that for expressive ac e, tlon and Intensiftd, living agony has been rarely ,nt excelled by the greatest chisels of Italy. I'hs valued relic it was impossible to sare. All the buildings north of the college, across tat the main pathway, comprlsii.g kitchens, out. ace houses, printing ooe, etc., are uninjured. But a u the pecealary los in the main building cannot be les than $00,000, and may reach $T50,0h . The an. college itself wu 364 by 64 feet. four stories hight and well built, with all the cooveniences. It could ap. not be rebuilt for less than $100,000. led A single grand piano, vald at $1000, from the n. parlor,is the sole remant of the whole furniture of the college. This alone Isestimated at as lmuch as the building. If then we count the valuabltl libraries, museum, laboratory and clothing con np. sumed, the total los will mount far over our aesti. at, ate of 1200,000. On this there is only ionsurance for $35,000, il ate New York, Hartford and New Haven comnanies. log t'hat amount would not replace the saientfio appa-. rates alone. rill The college was thirty.niae year old, hravint the been put up by the bishop is ths dioces ein lai.t i and put in operation ino 1830, oandr his presideon y. Ten years later it went into tCe hands of the F'a there of Meroy, under the charge of Fath'r Bilch. lic Again in 142, it went into the hands of President th Bishop Portilr, who retained charge until Sep. rut temuber, l14;7, when the present regime of tbo o, Jecuit Fathers bee,. The conduct of the college nd has ever been 'uccessul enough to make it rank as high in the scale of like Institutions, and to draw C to it papils from all pointe of this country and from Booth America, Canada and Mexico. It c ,:,d at- sccommodat three hundred students, huas often a beoen nearly up to that mark; and the preie it we burning-which we cannot but regard s a pyrhi lr calamlity-throws some oe hbndred and lrt young boys out of house, home and wardrobe fir I~j the monent. i9o TBXAS ATE e. ' On Moncay evening lat, a German by the nn-rno , of Robert nhultz, whohad been engaged in b, it . ering at this place, was murdered near the s,,v-n Smile pest, on the Jefferson road.--[tarshal ilt cc pobllcan, Jan. 22. Yesterday morning the following property w is e sold under the sheris hammer at the courthuout door of thit county, via: The valuable tract of d in hit oi upon which i situa'e a Young Men's Reastie clewHo, forso, the n Sof $19 500. This tract contaioe nineteen hundred and fifty acres of lad, of which the reater Pr tirn Is hearvily timbered. Th grade of ater dp or track railroad i completed from lradyville to toe city. Altogether it is one of the choes' lie to tc. e property, in the State, and e rejulces that ito has passed into good Lands. we reje that it ,Tie euton Tosp and Ilrazoria Riilroad was next ccried ard koked ocdown to Colonel Wm. J. o Rutchins at t5r0.sjectof couras to the dil reit Sliens, morotges, etc. upono it.- [Waco Examinr. Oet-hird lagues belaongg to.. W. Mlf inr, eencumbered, brought 100. This t1 ......... - eight mies from this clty..r4o. - si tuatdt A train ff twelve eelar-e .. ohe. :. government stores went trough tions it oahe .day, en route tP Jackaboro. The ....Y_ , sat moth and was delayed . .. train left Austni :e" "poo this time by bia. Sroads.- Waco Register, Jan. 27. Mt'aDrner - -We understand that oo lastsnp] night a young man named Chalrs - Mon i killed , shon one mle from Dagc,.efe.g by s e named Bskkly. Blkely wa arrested sod take to .efferscn for sale keepIng .[rp.. Pr~a tj_ The rapidity with whioh Plantatlon Bittern have become a houerhold necessity throughout the clv .lg. RBch and poor, young and old, mlni., ph yi las anndrg n that I revives dr*oops,, irits, lnds strn gt the system vigor to the Is compon.a .d o l eh icest roots and herbs. the celebrated Callays or Peruvian bark, etc., all preserd is pre St. (1oiua. It is sold by at, reepectable dealers i every town, parish, vrliat, tahrough North sad iouth America, Europe and all the Iande of the oeano. MAnMLA Wess.--.nperior to th, beat is. ported German Cologne, and sold athal the price,