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carried out with regard to Cherokee, would not that country now be in a safer condition? — We answer unhesitatingly, and without the fear of contradiction, yes—and we put it to all our brother editors who warred against the 3 predecessor of Gov. Gilmer, to say in candor, whether they did not injustice to that officer in view of this question. There can be no doubt but that a necessity docs really exist for guar ding the frontier, and what we contend for is, that the same necessity has existed for the last two years. The Constitutionalist speaks our sentiments: “Two companies are ordered out bv the Governor, according to the requisition cf Col, Lindsay, for the defence of coun try. We would be pleased to hear from those editors in Georgia, who were so clamorous a . gainst Gov Schley, for the organization of a * military force in the Cherokee country, what they have now to say about the Cherokee In dians in May next? Will this removal be ef efficted without trouble and coercion? Is not resistance apprehended? An I ifi last year, a military force had been so organized as to take the field at a moment’s warning, would resist ance have been apprehended? TEXAS. By the arrival yesterday of the Steam Ship Constitution, Says the New Orleans Bee, of the ’ 11th inst., we have received our files of the Houston Telegraph, up to the 30th ult. An extra number of that journal published on Christmas day, gives a rumored account of a battle said to have been fought at San Antonio ile Bexar (Behar) between a considerable bo dy of invading Mexicans, and a part of the Texian army under Colonels Karnes & Wells —on the 20th ult. from 9a. m. till 4 p. rn., with doubtful results. But rumor generally exaggerates. —The same paper of the 30th ult. givesan abstract of the account transmitted to the Secretary at war by Col. Karnes. He: states that about 50 Mexicans had made an attack on the guard protecting the horses about' 8 miles below that city—killing one and ta king the other prisoner; and that they had been pursued unavoidably for 10 miles, ns the trial had given out. This is however consid-j cred an art ol retaliation against Texas. The . Telegraph adds—possib'y, this engagement has marked Tekel on the walls of Mexico. The Texian government has purchased a brig, carrying 11 guns and 200 men. It is anchored in Galveston Bay, and will soon be ready for action. The organization of the militia is gradually r progressing. '1 hos. J. Rusk has been nppoi,,’. ted major general; E. Burleson, M. Baker,.l. 11. Dyer, and K. 11. Douglas, gencials of hri gadc; and 11. B. McLeod, adjutant general. A general order was issued on Christmas day by General Rusk, ordering lhe officers of ilie 1 militia to have their troops in readiness to march against lhe enemy at a monn nt’s warn ing; lor it is apprehended that the Mexican ar my will now shortly invade Te.m. in full Ill\ Mill Hl»nuu I 111 lUii force. The Texians appear confident of their own strength and success. Volunteers and subscriptions have already been raised to as. sist the movements of the government and ar my; und it is enthusiast icnlly anticipated that the Texians will now invade Mexico before ter-' minating the present campaign. This is of’ course a mere chimera at present at least. , ’Pho correspondence between the British Minister and the Secretary of State is calcttla- 1 ted, by its entire friendly and becoming tone, on both sides, to dissipate all apprehension that might be occasioned by the allusions to the possibility of war, which even grave Senators t have indulged in, on occasion of the outrage at Schlosser. Our surprise at the familiarity with which a resort to war is talked of, ns though it were almost as much a blessing ns a curse, and as though it involved no deep moral responsibility —no misery— nor crim.*—is, we confess, tin. utterablc. Upon the slightest pretext men of all parties seem to vie with each other in urg. ing on the madness that looks upon an appeal to brute force us the fitting arbitrament of a casual misunderstanding between reasoning and immortal beings—and in the base race for popularity, the happiness and peace of the country, the reflection; of calmer reason, mid the suggestions of religion, all appear to be overlooked or disregarded. Let the press, then, inculcate this truth, that Pence is the first want and the first duty of vv. cry nation; nnd that no occurrence, or series of occurrences, susceptible of explanation— and so long us explanation is not absolutely denied—should force any people to forego its blessings.—.V. F. American. Resumplion of Xpccta Paymentx.— The N. ork Gaxeite of Tuesday says, “The meet mg of the bank officers on Saturday evening last, was on the subject of a resumption of specie payments, nnd adjourned over to Saturday next. It is in contemplation to appoint a coni mittve to proceed to Philadelphia and ascertain from tho banks there when they will l» u readv, and to invito them to name a day for general resumption; but it is understood that if the Phil, ndelph a banks should refuse to tix upon some definite time; the banks in this city wdi make immediate arrangements ‘.o resume without their co-operation.” All the banks in Albany have resumed the payment of their notes in specie. Intkrn xi Improvement.—The Tennessee Legislature has passed a bill appropriating 1,000.000 dollars for Internal Improvements. $1,300,- 000 of which is to be equally divided t between the Hiwassee and Charles* tun and Cincinnati Rail road, The t bill also provides for a subscription - on the part of the State of one half ’ I of the stock of any Rail road or turn .| pike company hereafterchartered.for , which bonds shall be issued bearing > an interest of six per cet., as soon as 1 1 individual stockholders of such com panies have subscribed for the other ■ half and paid 15 per cent. The same ■ bill charters a State Bank with a capital of $5,000,000 and appro priates SIOO,OOO to common schools of the State.-Two townships of land in the Ocoa District, are also grant ed to the University of Nashville and East Yennessee College. For the Western Georgian. WILLIAM BROOKLYN, Or the victim of circvmstantial testi mony. There are few persons conversant with the administration of criminal law, in the courts of justice, that cannot, call to mind some tragic tale, cither derived from the books of“lhe pro -1 session,” or from personal observation of cas- I es, in which the sternest sanctions of the law have been unsparingly executed upon innocent I victims. While a few such cases may be tra i ced to deliberate and wilful perjury, by far the greatest majority of them, have ori ' ginated in u blind confidence of courts and juries, in their inferences from circumstan ces, in the absence of positive testimony. Though it is true that many of the reported cases are not sufficiently authenticated to es tablish the facts they disclose beyond contra diction, yet many of those which are rejected as historical, contain in themselves intrinsic evidence, at least su fiiciently strong to render j I lair occurrence probable And even though ■ it be conceded that a majority ofsuch reports be actually untrue, yet most of them show from ■ an examination of thv circumstances offered in 1 testimony,—the honest conviction and subse- I quent verdict of the jury,—the execution of 1 the victim, —and the final refutation of the 1 charge against him showing his innocence— I that courts and juries should be extremely vig ilant and cautious in admitting convictions as to the guilt of a prisoner, where the charge is supported only by circumstances. If uniform ■ inferences were always drawn from the same I facts; —if the human mind was so far infalli ble as always to deduce lhe same conclusions fioin the same premises, then indeed con vic lions founded on presumptive testimony, would not be so objectionable. The merciful maxim iof the law, that “It is better that ninety-iiine i guilty persons should escape punishment, than for one innocent one to sutler,” would not be so often violated. But unfortunately this is not ! the case. When a prisoner is arraigned before lhe 1 court, and circumstance after circumstance is unfolded to.show his guilt.a thousand hidden in fluences are operating on the minds of the jury, differing in their nature according to the cast of mind on which they act, while one becomes I excited and leaps to a sudden conclusion, ano | ther is calm, and deliberately weighs each sub mitted fait. But enough of this.— Wc oiler the following sketch, as illustrative of the po sition we have assumed. Ina flourishing village of the West, resided a widow lady by the name of Brooklyn. She had an only son who was not only the pride of her own heart, but the subject of pleasing expectation by his numerous friends. Mild and I amiable in his manners —correct and steady in his deportment, with a high cast of intellect, even ia the dawn of manhood, he secured the respect and esteem of his acquaintance. At the lime of the commencement of our sketch, he had just been admitted to the bar. liis hopes were high, and visions of future prosperity, danced in bright perspective be fore him. Added to this, an early and mutual affection between himself and Etneline Carr, a sweet girl of his native village, every way his equal, created for William Brooklyn in creased charms to existence. Ours is not a talc of love; it is therefore irrelevant to depict the scenes of private endearment, in which mutual confidence was 101 l and vows of con stancy exchanged between them. It is enough that they truly loved. About the same time William was apprized by his mother of her in ten ion once more to take upon herself the du ties of a wedded life. He wa s astonished ev en at this vague announcement, but when he was informed that the future husband of his mother was an individual in the neighborhood, who, though wealthy, was in every respect ob noxious to him; he could not express his disap probation in terms peritaps too harsh for a mother's car. The habits of Mr. Wells were indeed objectionable to most persons possessing correct moral feelings. lie was quite dissipa ted, and was generally considered as one who acknowledge no moral responsibility. William did every thing in his power to pre vent the inauspicious union. His opposition was perhaps too violent to insure success, where success was possible. His moth er, though in other respects amiable, was rather imperious in her manner and decided in her di terminations; and no beseeching entrea ties—no harsh epithets applied by her son to the object of her choice, could for a moment swerve her from her purpose. She was mar . ned to \\ ells—left the village lor bis residence a lew miles distant, and—her sun of happiness nas st. Ihe bitter opposition of William to the union hail awakened in the mini! of W ells , the hottest animosity against him, and he scru pied not a short tune after his marriage, to; 1 treat him with public indignity. Insult was : followed by recrimination, and to all appear-' ’ ance, settled hostility was the consequence. ; j,; William’s feelings under what he regarded p a misfortune, were however greatly soothed by the tender demonstrations of affection on * the part of his Etneline, who was in a short f. time to become his bride. She pursuaded him r ' to do all in his power to overcome his dislike to ’! his step-father—arguing from the old adage, | that, “What cannot be cured must be endu '. red.” Tenderness finally effected that which i probably nothing else could have done# and J William wrote a conciliatory letter to his rno t ther, which resulted in a joint invitation from Wells and herself, to spend a lew days at their residence, which he accepted. > We now introduce another individual upon [ our little stage. Not very fur from the resid ence of Wells, there lived an abandoned char acter by the name of Harris, who had several limes been arraigned at the bar of justice for the commission ofcrimes, but had uniformly succeeded in escaping punishment until it fell to the lot of William Brooklyn to assist in a prosecution for theft against him. His untir ing and persevering vigilance, in ferretting out lhe testimony, and his ability in the manage ment of the case were crowned with success, and Harris was found guilty. His back was submitted to the lash and his cheek to the brand, and he went forth with the mark of in famy on his cheek, and lhe revengeful pas sions of a demon burning in his heart, and William Brooklyn was the object of his re venge. Against Wells too, he entertained the bit terest hostility, for having in several instances endeavored to bring him to justice. A few days after William’s arrival at his step-fathers, the latter, early one mornirg pro posed to him a short excursion in the woods with their guns. lie acquiesced, but at the same time intimated the necessity of his return ,to the village that day. They accordingly i started, and were soon lost in the thick shades of the surrounding forest. Their course how ever, was not unobserved. Harris having as certained that Biooklyn was at Well’s, the idea was at once suggested to his mind, that now he had an opportunity of wreaking his long sought vengeance. Difficulties were, however, in the way, and he set himself about contriving with the subtlety of a practical vil han, to gratify his malice, and at the same time to escape suspicion. As yet no plan by which he could achieve this, had suggested it self to his mind. lie had watched the house closely, lhe few preceding days, but hitherto he had been disappointed. Now when he saw them going together in the woods, he gloated in lhe prospect cf a horrid satisfaction fur what he tried to consider his wrongs. He followed stealthily along, seeing but un seen, waiting like the wily tiger in his jungle, to pounce upon his prey. On a sudden his at tention was arrested by a sight of something that glittered on the ground before him. He approached and picked it up. It was a small and exquisitely made dagger, without a sheath. He examined it narrowly, and on one side dis covered the name of “Edward Brooklyn,” and on the other the motto, “Sic semper tyrannis.” The demoniac smile of exulta'ion which pas sed over his features at this discovery it is im possible to describe. The name of Brooklyn, convinced him that it was the property of Wfl. lium, though, probably he knew not at the time, that it had formerly belonged to his fath er, and which he had worn after his death. “I have it,” exclaimed Hanis to himself, af ter examining the instrument closely a lew se conds, “I have it, and by the powers of hell Brooklyn shall pay the penalty of his olfici ousness by a death as ignominious as has been my punishment.” As is usual with sportsmen in quest of game, Wells and Brooklyn soon separated, to “beat the woods.” The one took tlie right the other the left, with an understanding as to where they should meet. Harris observed it and pursued the direction which Wells had taken. He refrained from coming up to him until he was satisfied that Brooklyn was sufficiently far off not to hear any struggle or noise that might occur: and then rushing upon his unsus peeling victim, he drove the dagger into his bosom and repeated his blows until the unfor tunate Wells was a lifeless corpse at his feet. He then partially wiped the blood from it, and dropped it a few yards from the body, and with hasty strides left the scene of his crime. So sudden had been the assault and so deadly the blows inflicted, that the unfortunate Wells had not time to raise his voice cither in a call for assistance, or in a prayer to his maker.— Meanwhile, Brooklyn having traversed the woods in the direction indicated by Wells, had at length arrived at the appointed place of meeting, which happened to be on the public road leading from the village to a neighboring county town, lie had waited some minutes for his fellow huntsman, when he was interrup ted by the appearance of a horseman travel ling from towards the village. When lie ap preached Brooklyn soon recognised an old acquaintance by the name of Wilson. The usual salutations passed between the friends, and upon the enquiry of Brooklyn, as to the news from A ■ , Wilson replied, that though nothing of a public nature posses sing any interest had occurred, yet be suppo sed that it would be proper for him to inform his friend that Miss Carr was dangerously ill. Brooklyn could scarcely restrain his impa tience during the lew moments that the con- , versation was prolonged by his friend; and as soon as it was over, without waiting for the arrival of Wells, he immediately retraced his steps to the house, and huniedly informed his mother of the news he had received, and his : intention of immediately setting otf for the luge. {Concluded next week.) NOTICE • A LL persons indebted to the subscriber must pay t Jat up. or if 1 don’t sue I will be d . ( SAMUEL STEWART. i Rjme, Feb 9. 3. ts <U O V S& T c A IL JL2 rti EJ> A It . SUPERIOR COURTS- January. Ist Monday, Richmond, 2d •• Chatham, February. Ist Monday, Stewart,' “ . Floyd, Pauldmg,Thursday before 2d Monday, ('lark, “ B.bb, “ Macon, “ Randolph, “ Cass, 3d ’* Walton, •• Crawlord, " Early, Cherokee, 4th “ Bauer, •• Jackson# Meriwether, Forsyth# •• Upson, Lee, Thursday alter# March. Ist Monday, Coweta", Lumpkin, •• Pike, “ Sumpter, “ Taliaferro, 2J “ Columbia, •• Fayette, “ Greene, “ Laurens, “ Madison, “ Marion, “ Monroe, “ Morgan, “ Gwinnett, Union, Giimer, Wednesday after, 3d Monday. Butts, •- Elbert, “ DeKalb, “ Ball, “ Putnam, “ Talbot, “ Murray, 4th “ Bullock, ** Cobb, “ Dooly, Newton, “ Walker, “ Washington, “ Wilkes, Effingham,Thursday after Ai-rh., Ist Monday, Warren, •’ Wilkinson, “ ('ampbell, 2d •• Carroll, “ Dade, “ Camden, “ Hancock, “ Harris, “ Lcnry, “ Franklin, “ Montgomery “ Twiggs, Tatnall, Thursday after, Wayne, “ “ 3d Monday, Emanuel, “ Habersham, “ Heard, “ Glynn, “ Jones, •• Muscogee, “ Oglethorpe, *• Pulaski, Mclntosh,Thursday after, ’ 4th Monday, Scriven, “ Lincoln, “ Rabun, “ Jasper, , “ Telfair, “ Houston, , “ Troup, “ Libert}’, Irwin, Thursday alter, Bryan, Wednesday after, May, Ist Monday, Burke, „ Appling, Ware, Thursday after, 2d Monday, Chatham, i " Lowndes, ; 3d “ Jefferson, “ Thomae, I 4th “ Decatur, I UNITED STATES COURT, Sixth Circuit for the district of Georgia—James M. Wayne, Circuit Judge—At Savannah, Thursday alter the let Monday 3d May—Milledgeville, Thursday after the Ist Monday Bth November—Rules day, the Ist Mondays in each month, upon which days all writs are returnable to the Clerk’s office in Savannah. District Court—Jeremiah Cuyler, Judge—ln Sa vannah, 2d Tuesday 13th February—2d Tuesday Bth May—2d Tuesday 14th August—2dTuesday 13th No vember. Arrival and Departure of mails. FBIIIK Milledgeville Mail, carried by Stage, -®- from Decatur to this office arrrives eve ry Monday, Wednesday and Friday, at 5 o’.j clock, P. AL, and leaves on every Tuesday, Thursday and Sunday mornings, at 5 o’clock. The Stages from Carrollton & Spring Place meets at this office ou every Monday, Wed nesday and Friday, at 6 o’clock P. M., and • leaves on every Tuesday, Thursday and Sat j unlay mornings at 4 o’clock. The mail for I the above routes is unavoidably closed at 9 o’clock, on the night previous to their depar ture. The mail from this office to La Favetie, Walker county, leaves on every Tuesday morning, and returns on every Saturday eve ning at 5 o’clock. Phe mail from Jacksonville, Alabama, car- . tied by Stage, arrives al this office on every ;’1 aesday and Saturday, at 12 o’clock, and leaves in an hour after its arrival on each day. The mail conveyed on horse-back from Fayetteville to this office, arrives on every Wednesday at 6 o’clock, P. M., and departs on every Thursday, at <> o’clock, A. M. Rome, Geo., Feb. 5, 1838. i . | GEORGIA, PAULDING COUNTY. WM7HEREAS Elizabeth Sparks and Thomas 11. ▼ T Sparks, apply to me for Letters of Adminis* I Iran on on the Estate of Martin Sparks, late of said county, deceased. These are thereforo to cite and admonish all and sin- ’ (alar ihe kindred and creditors of said deceased, to be ; 1 nnd appear at my office within the time prescribed by , law to shew cause, if any exist, why said letters should not be granted. Given under my hand at office this ' 129th day of January, 1838. D. PACE- c. c. o. j February 2. 3 30d. June. Ist Monday, Baldwin, “ Richmond, August. Ist Monday, Stewart, “ Floyd, : 2d “ Clark, “ Bibb, •* Randolph, “ Cass, Al aeon, 3d “ Walton, Crawford, “ Early, “ Cherokee, 4th “ Baker, “ Jackson, “ Emanuel, “ Upson, •’ Meriwether, “ Forsyth, Lee# Thursday alter, SEPfE.ttßEft) Ist Monday, Pike, “ Gtlmef# " Taliaferro# “ Coweta# •• Lumpkin# 2J “ Columbia “ Madisori “ Morgan “ Laurens “ Monroe “ Fayette “ Greene “ Marton Gwinnett „ Union 3d « t Elbert •, Butts •« DeKalb Hall ‘‘ Talbot Murray ‘ Putnam , 4 Newton , 4 Cobb ~ Walker „ Bulloch u Dooly •« Washington “ Wilkes October. Ist Monday, Warren “ Wilkinson “ Campbell Montgomery 2d .. Hancock j .. Franklin j . Camden •• Twiggs Dude -• Henry - Carrol ‘ Harris 3d ( Emanuel ; Oglethorpe j “ Habersham | “ Jones “ Pulaski “ H< a rd *, Muscogee j 4th Scriven .. Lincoln «. Rabun “ Jasper “ Telfair “ Houston uuusiuu “ Troup November. Bulloch, Wednesday be fore the Ist Monday Effingham, Friday after, the Ist Monday, 2d Monday, Jefferson 3d “ Burke " Applying Ware, Thursday after Lowndes, Monday after,’ Thomas, Mon. thereafter, Decatur, “ ‘‘ • 4th Monday, Camden •" Wayne, Thursday after ; Glynn, Monday thereafter • Mclntosh, Thursday “ 1 Liberty, Monday, “ 1 Bryan, Wednesday “ B.ist of betters REMAINING in the Post Office nt Rome, Ist January, 1838, which if not taken out by tliti Ist day of April next, will be sent to the General Post Office as dead Letters. A Lifidsey Isaac Allen Young M B McCray Henry Burns Samuel Mull James Burns Samuel S McLain Thompson Bright George Esq Murphy Moses F. Brison Robt P. Mt in ms David Bryan James II N C Nowlin Sherrod Carr William Nowlin David Cook Rhodd P Chapman John Payne John Crawford John D Q D Quarrels Jesse Doling John R R F Ritssotn Ollivvr Furenton Levi Roberts John Finley Samuel 8 Floyd Solon , Shoemaker John G Smith J M or A B Reece Gent John or F Gent Steelman William Gent John Smith Ann E Goolsby Jeremiah Smith Jesse Godley Henry T G.astm WilliamS Turner William 2 H Tai'or Marter Fran is C liafgfbVes M B ThoihpsOii Joseph Hooper John W Thompson Jesse Hurrnafl Mt* Townsand. J.o(ui 2 Hilburn J L Thaskray Isaac Harington Josiah • W Ilinlcy Jifterson Wade Cane J Vinsey John P James E P Vinnitig C tsley K VV illiunis M r Knoles Mrs Mary Whitney Ferdinand-' Kennedy Edmond 2 Warick Mra Mary F L White Cobb Lambert John Wear Edward Ledbetter Banks Weihers Isaac Lumpkin John Henty N. Yarbrough, p. Mi Rome, Feb. 10—4--3 t. To JourHcyincu Tailors. ONE or two good Journeymen will find constarit employment by culling on the subscriber at La? fayette, Walker County, Ga. Best of wages will bo ' given, and a comfortable Shop to work in> —Imm?' ' diately application wjuld confer a favor on the under- I signed. , , G. W. BROWN.' Lafayette Ga. Feb. 10, 4. 4t. . ’ LAW. Undersigned will attend the Courts in all tho JEL Counties of the Cherokee Circuit, Habersham and Raburn of the Western, anil Cobb of the Coweta i Circuit, and also tho Counties of Benton and (’hero- I kee Ala. All business directed to their address Cnss j ville, Ga. will receive prompt and punctual WILLIAM IL STEELMAN, JOHN W. 11. UNDERWOOD. ■ Feb. 10. 4. w. Gmo. ! Flovd SliPrifls Sale lor jll arcli# * WlLLbesoM on the first Tuesday in March next, before lhe Court House door in the - Town of Rome, Floyd county, within the usual hours of sale, the following property, to wit; Lot of Land No. 540, in the 10th District, I 4th Section, of originally Cherokee, now Floyd conn-’ ty : levied on as the property of Hiram King, to satisfy four ft. fas. issued from a Justices court of Henry county, two in favor of Becks &. Clark, nnd the other two in favor of Peck & Johnson, vs. said King. Le ' vy made and returned to me by a Constable. Lot No. 790, 3d District, 4th Section, of originally Cherokee, now Floyd county; levied on ns the property of William Davis, to satisfy a fi. fa. issued from a-Jusnces Court of Fayette county, in favor/jf John R. Cargill, vs. said Davis, and Rottben Millsaps, , security. Levy made and returned to me by a Con. S 131) 1C • WESLEY SHROPSIIER, D. ShfE January 26. | Floyd Sheriff’s Sales for Jiarcli. WILL be sold, on the [first Tuesday in March next, in the town of Rome. Floyd county, within the usual hours of sale, the following property, to wit . Lot No. BG, in the 14th District, 4th Se c■ tion; levied tints the property of John Hollan< to sa. tisfy a fi. fa. issued from n Justices Court of Forsyth county, in favor of John Wheeler, for the use of James Law <fc Co. vs. said Holland. Levy made and re turned to me by a Constable. Or,e Negro woman by the name of Hart iet, thirty years of nee : levied on to satisfy a fi. fa. I issued from Floyd Superior Court, in favor of Bennet Laurence, vs. Samuel S. Jack nnd William E. Mer edith, Executors of William H. Meredith, deceased, Andrew Patterson, indorser. Property pointed out by said Laurence. AT the same place, on the first Tuesday in April next, One Grey Mare; levied on as the property of John Gent, to satisfy a Mortgairc fi. fa- issued from Floyd Inferior Court, in favor of Joseph Ford, vs. said WILLIAM R. WILLIAMSON, ShfF. January 26. NOTICE. ... rjJXHE Sheriffs Sales for Floyd county, will f?r tho BL future, be published in the Western Georgian. All Letters on business connected with their office, must ctrtne Post Paid, otherwise they will not be at tended to. - u. WILLIAM IL WILLIAMSON’, bh’fT. Rome, Feb. 2, 3. 4t. attention- n W i c / / fSJXHE Members of the Floyd CoutVy Volunteer fl Company, are requested to come forward ana deliver up their Armsand take tip their Receipts for the same, by the lOth of February jnst. tn order that they may be eubject to the call of the Governor o. George. HENRY LUMPKIN’. , Rome, Feb. 2. 3. 2t