The Georgia journal. (Milledgeville, Ga.) 1809-1847, November 25, 1845, Image 2

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mmm m , Nor.HO. Titmltr Uph unnecessary {A ponto*ofjki* day’* proceed'f-warepuhl •u iu Friday** i*p*r, ami »« 1HM il unneccM lo ra| ii di*ii |. j Mr. McGati»gun from a aalecl committee, re. purled a bill iu amend all acta and pans of acih, establishing a bridge nud lull gala over Kbcnezrr Creek, iu Effingham county, dec. Mr NickrlMiu presented a petition from sundry citizen* of Greene, Morgan, ami Putnam cimntleM, praying Ike re|mni of ull acts relating lu ilia navi gation of the Oconee river above ihe city of Mil. ledgeville—which was referred 10 Messrs. Nickel, son, Kenan and Long, a select committee. BILLS FASSBD. To enable persons to vote for Senator at any election precinct iu ilia district in which they may reside. To compel persons owning taxable properly in the coumy ot Murray, to pay tax un the same with in the county of Murray. The Senate then look up the bill to incorporate certain persuns under the name and style of the Coweta Fulls Manufacturing Company. Mr. Wofford moved as an additional section— •‘And be it further enacted, dto., That the Individu a I properly ot the Stockholders of said company, bo held liuble fer the payment of all connects made by soiii corporation." Mr. Miller moved to lay the amendment on the table for the balance of the session—loti—yeas 11; nays 31. Mr. T. F. Anderson moved to lay the bill and amendment on Ihe table for the bul* a nee of the session—loti—yeas 14 ; nays 27. Mr. Hvckell offered the following as an amend meot to Mr. Wolford’s amendment: •‘And in the event that the Slock, or any portion tliereof, be transferred, that the private properly of iho indi vidual or individuals, transferring auclt at ck, shill be liable lor all conliucts made previuua lo the dale of said transfer"—which mat agreed U>. Mr. Miller offered us uu amendment to the amendment, lo billow the words "said corporation" the fulluwmg words, •* in proportion to their res- pective interests"—which was rejected—yeas 13 ; nay a 28. Mr. Calhoun then moved that the further con sideration of the bill be indefinitely postponed— which was agreed to, and the Senate adjourned. Friday. Nov. 21. The Senate agreed, on Mr. Calhoun’s motion, to reconsider the indefinite postponement of ilie bill to incorporate the “Coweta Fulls Manufacturing Company.” BILLS INTRODUCED. By Mr. Hackett; Tu amend certain sections of the act of 1839. to incorporate the Memphis Branch Railroad and Steamboat Company. Mr. Nickelaon : To pardon Wm. Burton. Also—A bill to repeal all lawa relative to the Navigation of the Oconee River, and Ihe free pas •age of fish therein, above Mllledgeville, to Bar nett’s Shoals in Clnrk county,so far as they pro hibit the erectiun4)f dams for mills or manufao- tories. Mr. Bell: To allow persons applying for grants to reverted lots to make affidavit «f their intention to settle the same, and lo give preference to auch applications. Mr. Miller : To amend and make certain the pro. visions of the act of 1838. incorporating the Middle Branch lluilroud Comp my. BILLS PASSED. To ndd the possessions of Levi Phillips, now in C-mitbell county, to the county uf Coweta—yeus 23 ; , ays 18. To incorporate the "Columbus Engine Compa ny, No. 2-” To provide for the service of original proceas on corporations. To authorize a grant to issue to Stephen Ellis, the drawer, for bn No. 94, in the 5.It district, 31 section, imw C-tss county. To extend the cnporaioex'stence of the Bank of Augusts ; and to continue in force certain acta ot the General Assemoly in relation thereto 0.t million uf Mr. Stell, the bill waa amended, by restricting the amount of indebtedness of the Bunk at any time, in any shape whatever, todou. ble the amount of its capital, over and above the money, deposited for ssfn keeping. Un motion of Mr. Hackett. bv providing that the individual properly of the Stockholders ahall be bound, in proportion to their shares, for the ultimate redemption of the liabilities of the Bank ; and that all transfers within 6 months of a failure ahall be void, so far as to bind live property of the party transferring. On motion of Mr. Stell, that the Branches or Agencies shall be held bound to redeem in specie all the issues made by themselves. Ami on motion of Mr. Martin, that the mother Bunt shall redeem in like manner, the bills issued by any of the branches or agencies. RESULUTI NS LAID ON THE TABLE. Mr. J tekson submilted the following preamble and resolutions, which wore ordered to be printed • Whereas the settlement of many important questions will devolve upon the session of Congress of 1843 and ’40, among them the adjustment of the Tariff', and the perfecting of the Annexation of Texas stand forth pro eminent. And whereas it is the right, as well as the duly, of the Represents lives of the people of this State to express their opinions upon these great National questions— qut’iiions, elso, deeply and more peculiarly affect ing the interests uf the Southern country s 1st. Be il therefore retolvtd by the Senate and Home of Repreientalivee of the Stale of Georgia. in General Assembly met, and it hereby resolved. by the same. That the Tariff of 1842, approved A t gust 80llt, 1842, embraces a system of uijust, un equal and oppressive taxation ; and that a ntudifi cation and reduction of the same lo a purely Reve nue Standard, looking only to Revenue, are de manded by the people of this Slate as acts of sheer and necessary justice. 2d. Resolved, That the interests, happiness, and hut.or of our country require thut the annexation of Texas be consummated forthwith, hv such Con gressional oction as may remain to be done fur auch object. 3J. Resolved, That His Excellency the Gover nor of Georgia be, and he is hereby, requested to transmit tu eucli of our Senutora and Representa tives in Washington a copy of these resolutions, that they tnsy be placed before the two Houses of of Congress at an eurly period uf the session. PETITIONS. Mr. Calhoun presented ihe petition of N. T. Miicliell.priiying ihe Stale lo have suitably inieireu at the Cupilal. the remuins of his father; and to erect a substantial monument to his memory. Mr. Sinead presented the petition uf sundry citi zens of Marion county, for the formation of a new county, from pariaof Ihe counties ol Marion nnd Talli n; and lltat parts of Stewsrt and Mutcugee be added lu the cuonly of Marion. On motion, Mr. Miller was added to the Judicia ry Committee, and Mr. Chastaiu to the Committee on Military affairs. A4)*ira*d k> Saturday awrniup „•. ■■■, iiwi — j j.jiw" •— •» Ihef Penitentiary tu en^fr* and report on the proprie ty of taking Incipient slept for the future removal of the runiientiary to Atlanta, or snmo point high er u e an the Western and Atlantic Railroad. On motion of Mr. Juolteon, the resolutions on Texas and tho Tariff 1 , offered by himself, were made ilm order of Hie day fur Thursday, the 4tl: uf Decemtor* •tLLe INTRODUCED. By Mr. Hardeman t To uurand tho several acte relative to lbe Monrue Railroad and Banking Coin- patty—lu change llie name of the Company—and in aoihurixe them to construct a branch road to Columbus. [Tite new name it to be ‘-Macuit and Western Railroad Company’’—the banking privi lege* of ihe old Company lo be relinquished—and llie branch road tu lie completed in six years fruin the passage of the act, or Ihe right forfeited.] By Mr. Ridley t To grant Jno. Douglass, and oihers named, the right to build u railroad from “La Grunge to Wea Point. Mr. Culhouii i To incorporate Ihe Ladle* Edu cation and Benevolent Society of ihe M. E. Church of Columhue, end to vest in litem certain public lute in suid city. Mr. Miller: A bill in relation to affidavits of il legality. [The bill provides that when an affida vit of illegality it interposed lo stay proceedings on at. execution, the properly may be levied on and sold under other executions—the levying officer retaining from the proceed* an amount sufficient (iu the judgment of the Court,) for the eventual satisfaction uf the execution stayed by the affidavit.] Mr. Miller: A hill in relation lu proceedings tu recover debts not duu. [This bill authorizes Hie creditor lo commence action un a debt not due, and lo hold to bull where the debtor is removing from the State—a remedy cumulative lo that now existing, of attaching Ins properly.] Mr. Miller: A hill in relation to Insolvent debt ors. [Tltis makes certain new provisions relative- to the surrender of the insolvent debtor’s property, (not of general interest)—and (which is an iinpor taut provision,) declares lint u debtor surrendered by his security shall not he discharged lor want of payment of jail fees, wiliiout at least ten days, writteu notice tu the pluiniitfor his ailuriiev.] Mr. Miller : A hill to amend the 11th section of the lOtit Division uf Hie Penal Code, [making ‘three up' 'seven up.' and 'other games played with cards,' when bet ul, punishable (uu conviction) like faro, brag, dee. with fine nut less than 820, nor more tliun $100.] BILLS PASSED. A hill for the relief uf James W. Reevcr A bill lo repeal the act incorporating the town of Davisville in Pike county. The Senate took up Hie bill lo amend the charier of llie Central Ruilroud Company, and to uullmriza said Company lo extend Hie road to Columbus. Several amendments being proposed and discus sed, chiefly relating lo the individual liability of the stockholders, the bill was passed over for Hie lime, and made the order ot the day for next Tuesday. HOUSE OF REPRESENTATIVES. Thursday, Nov. 20. [A portion of litis day was published iu Fri* day’s paper.] Leave of absence was grunted to Messrs. Borne, Armstrong of Bibb, Green of Crawford, and Brantley, for a few days. Mr. Harris, of Baldwin, was added to the com. miltee on Bunks. The balance of ihe day wus taken up. (us slated in our Inst) ill the consideration of the but relative to ilinentiit traders, &c. The substance of the bill, as passed, is lu litis effect ; It provides Hint license shall he obtained by ctiiz-na of ilm United Sluice, front the Clerk of the Inferior Cuurt ot the counties in which the traffic is curried on—the In ferior Court to assess the amount of lux ut their discretion, not less titan $50 ; and llie penalty for irafficing in any county without a license front und for the smile, lu be line or imprisonment, or both, ut the discretion uf the Judge. Friday, Nov. 21,1845. A communication was received from the Gov. on the subject of the Stale’s debt lo Reid. Irving, & Co., (informing the General Assembly, that the negotiation fur a loan lo pay this debt, to which reference was made in Itis message at the opening of the Session, lies failed. Tim origin of this debt is briefly related, ami the attention uf the General Assembly invited to the subject as one presuming every consideration for its prompt settlement) the message was referred to the committee on Fi nance. BILLS INTRODUCED. By Mr. Sanford : To change the name of Cas sandra Fitzpatrick to Cassandra Hill; and for oth er purposes. Mr. Smith, of Cass : To authorize Coleman Pitta loe-toblish a ferry across the Etowah river, on his own land, in the county of Cass. Mr. Guill'utd : To repeal the set of 1837, for compensating juror* in certain counties, so far as it relates to the county of Randolph, 4cc. Mr. Caution .- To form a new county from parts uf the counties of Cherokee end Gilmer. Mr. Jackson : To uinend the 3d section of the 2d article of the Constitution of the State, (by strik ing out the property qualification fur the office of of Governor.) Mr. Howard: For the relief of the City ofCulum. bus, (from a certain execution on the biidge debt.) Mr. Cannon: To amend the uct of 1824. rela. live to the trial of claims for -laves levied on by executions front Justices Courts. (Making the claim cuse stand for trial at the first session uf the Superior nr Inferior Court in the county where the levy is made.) Mr. Kenan : To authorize the Justices of the Inferior Court of Murray county, to assets an extra of 25 percent, for the purpose of building a jail in ■aid county. Mr. Harris, of Troup; To amend the 3d aec. lion of an act of 1816. (road laws) so far as the same respects the county of Troup. Mr. Cannon : A bill for the relief of Reulten Foiaett, ir., of the county of Gilmer. Mr. Knith : To authorize the Justices of the Inferior Court of the county of Lumpkin to retain the tax collected in suid county in 1648, for the pur pose of building a jail. Mr. Baker: To relieve Alexander Means of Newton county, from a portion uf ilm lax of 1645, which was improperly assessed against him. Mr. Rowe ; To remove and prevent obstructions to the free passage of fish in Flint river ; and to appoint commissioners. Ac. BILLS PASSED. A hill for the relief of Samuel F. Jones, Wm. Underwood, and Jus. W. Cunningham. Tu extend (till 1st Jan. 1849) the time for tak ing out grants to lands heretofore surveyed on head rights and bounty warrants. To exempt Jus. Murray, of Telfair county, a cripple, (and oihers udded by uinendmeni) front ihe provisions of Ihe law relative to license uf pedlers. yeas 85. nays 18. if the eutoty of Tefftir (changed to 1« Monday* iu January and July.) ■ill Lon. For the relief of Joel Sunders and Jus. Bull of Coast* county. >*a* f. nay* 108. mtitions psbsentkd. Mr. Thumps n presented the petition of F. Wnelchelpf Lumpkin county. Mr. Ledbetter, tile petition of Charles H. Nelson late Principal Keeper ol the Penitentiary—asking compensation lor services rendered in taking oil inventory of atnek, &o., after the expiration of Ills term uf office, and cessation of lot annual sulury. RESOLUTIONS orrERED. Mr. Hill laid on the table u resolution, directing the Committee on Finance to report, nt as early a day at practicable, the general appropriation bill, and tax bill—also the result of their cxnminatiun into the condition of Ihe offices of the Secretary of State, Treasurer, Comptroller General and Sur veyor General. Mr. Black, a resolution in favor of H. G. Cole. On motion of Mr. Green, of Crawford, a reso lution was adopted, requesting the Governor to litr. it sit the House with the last annual Report of the Trustees of the Lunatic Asylum—also a state ment of the number, names and residence of all tile Lunatics in the Stute, as returned by those em ployed to lake the census of 1645. Saturday. Nov. 22. The Speaker announced a communication, en closing the petition of Sarah K. Jones and others, heirs uf David McCulloch, deceased, relative lo a claim ugaiiist ihe Slate of Georgia. Referred tu the Committee on the Judiciary. BILLS PASSED. A hill to compel superintendents of the general elections In depusite in the office of the Clerk of the Superior Court, two lists of voters. To amend the 4th section ol the act of 1830, re- Intivu to precinct elections, consolidation of re- torus, Ac. [Prescribes the hour of four o'clock. P. M. uo the day ulter election, us the time at or In-foro which the managers shall convene to con- -oltdale Hie return*.] To provide for the introduction in evidence of certain copy executions in cases specified. Tu lepeul the act for compensation of one of tile Justices presiding at precinct elections in the coun ties ul Fnivd and Walker. Tu amend ihe act of 1837, to protect the cili zens of this Stale against the unwarrantable and loo frequent use of deadly weapons. [In lieu of the penalty now prescribed, the Court may substi tute imprisonment iu the jail of the county—fur the tir»t offence from one to two months—for the sec ond mid every subsequent offence, from two lo four months ] To add certain pnrts of the counties of Glynn und Appling to the county of Wayne. To amend Hie law relative lo contracts for pub lic bridge, in the county of Upson. Fur the relief of Wm. P. Kembert [from a cer tain amount of tax erroneously assessed.] To authorize the Inferior Court of Pike countv to assess an extra tax, fur compensation of petit Jurors. To uuthorise the Inferior Court of Marion coun ty to examine, and pass upon, the insolvent list ol the Tax Collector (To which were added by amend- nieiil the counties of Macon, Habersham, Craw, lord. Cuss, Paulding. Randolph. Coho. Ware, Lumpkin. Un on. Camden, Coweta, Decatur. War ren, Forsyte. McIntosh. Wayne, Pnlnuin, Jefferson. Glynn, Henry, Montgomery, Rabun, Coluinbiu, Monroe and Baldwin, To reduce Hie Sheriff’s bond of the county of Hall. Tu repeal the net for compensation of Jurors in Habersham. A hill for the relief of Sarah Walton of the county ul Harris. Tu amend the act of incorporation of the “Co- Itiinhus Fire Company No. i." To authorize payment (by tho proper officers) to Jos. T. Webb fur leaching pour children in Douly county. A hill for the relief of Wm. Robinson, jr. of Forsyth cuunly. RILLS LOST. To amend the 5th section of the Judicinry act of 1811. relative to the jurisdiction of Justices’ Courts. [Among other amendments, extending the juris diction to amounts nf $50 ] To reduce (25 per cent ) the fees of certain county officers of Walker county. To exempt presidents and professors of colleges, teachers uf academies, and all others engaged in the instruction of youth, from ntilitin and jury duty. Laid on the table for the balance of the session, by yeas 01 lo nays 42. E*«<m *« ».». md nttfiMfci LATER FROM MEXICO. W« received yesterday, by tho way of Penssco- la, sdvieer somewhat fatef from Vera Crux, brought by the Falmouth. By this ■rrltfal we are confirmed in our Impres sion that Moxico i* fully prepared to negotiate with the United Stales. The Chamber of Deputies took official notice of the revelations made of their proceedings in secret sassimi, and members were anxious to punish ilia editor* of La Vot del Pueblo fur their part in the business. Tltis goes far to wards showing that the revelation* must have been substantially correct. Besides.Gen. Paredes lias written to the Mexi can Government that his greutest pride shall he In repress all military movements a-ul put down all illegal opposition lo the proposed negotiation with the United Stales. We linva this intelligence upon uuthurily in which we place every relmice. And further, there appears u communication in one of the Mexican pupers most violently opposing tho proposed treaty, which is ottribuied to Senor lloves, a prominent member of the Chamber and opposed to the Administration. And to allow the feeling manifested by the Mex icans towards this country, we may mention an in cident which occurred when the squadron was about leaving. The day before the Cmnrftudore sailed Irom VeraCruz. lie despatched the sloop of war 3t. Mary’s. Owing to calms and currents, she wus obliged lo anchor neur one of the reef- which form tiie hurhor. This was no sooner perceived by the commander of the Mexican naval force, than he ordered one of his steumers of war to pro ceed to Iter assistance. A breeze sprung up he. (ore the steamer reached her. hut the fuel itself is worthy of mention, to show the good feeling whicit exists on the part of the authorities, and which was manifested on several occasions. Several copies of La Rrslauracion, a small pa. por published at Chihuahua, A before us. The edi. tor appears to be in a sad way, lor in one breath lie culls loudly for help ugaiost the horders of snv. ages (barbaros) overrunning the Stale, und also preaches a crusade for the purpose of "castigating the infamous invaders ol the Republic.’’ alluding to our troop* quietly encamped at Corpus Chritli. We are of Ihe opinion that it would he the heller plan lo drive off the Indians first. It would seem in one quarter llie Apuches are driving ull before them, while in another the Cauiunches are robbing and murdering to a fearful extent. Everything induces us to believe that another revolution is close at hand tu Mexico, a revolution in which Almonte will probably take a conspicuous pari. Distracted us the country now is—with nei ther money nor credit, with robbers upon every road, malcontents in every quarter, and reckless aspirants for place or plunder in every city A town —it is almost impossible for the present govern, mein to hold together much longer. Another re. volution will give another party the ascendancy for a short time ; still another parly will follow up with still another revolution j and we should nut he at ail surprised, in the different up und downs in store for unfortunate Mexico, if .Santa Anna should soon be found again at the head of affairs, again lo plunder and again to truuipld upon the rights and liberties of Itis countrymen. [conatirotmtsce or the satakkah refoblican.] Marion Co.. (Flo.) Nov. 8. 1645. Fort King is now. and lias been for a fortnight, crowded will) persons seeking favorable locutions. They ure entirely from Alalt.ima and South Caro linn—Imrdy, intelligent looking people, and well behaved;—mostly they are farmers—bul there is a due proportion of doctors and lawyers. Some have already ntude purchases, and many others are determined to do so, if possible. This is a very inviting section of country. There are around this place, within a radius of ten miles, five bodies of land, c-pablnof producing in perfection the most certain and profitable staples in the world—Sugar and Tobacco, Already the importation of Sugar H:io this county has ceased ; it is no longer a sal wattle article—every farmer making more than he consumes ; nnd 1 am smoking delightful segar- • lint have never been out of the country. Mr. E. J. House nnd Mr. John Scott, have raised 1,200 <>r2000lhs. apiece of Tobacco that is as good us the best Havana. Lands that will yield these sin pies, will not lie idle long, and in less than two years, every acte of good land in this neighborhood will he occupied. The River Oclnwnha will ufford us facilities for reaching market whicit few por tions of the interior of Fluridu cun have, and nr rangpinents for making this river navigable, by individual enterprise, are now on foot. To altar the timet of holding the Inferior Court jBtates Benst-e. New-Orleans, Nov. 11. Texas Volunteers Returned.—The steam ship Cincinnati Cupl. Smith, arrived here yester day with Major Gully's company on board, consist ing ol 103 men, ell in excellent health and apirita. They were received on their landing by the battal ion uf Artillery under the command of Cupt. An gustin with a grand salute, and having marched to Hie Flare d’Aruiei. they went through a variety of military movements in Ihe most practised style ot discipline, and such us coinmunded the admiration of many hundreds of spectators assembled lo wit ! ness their return. The term of service expires on j the 21 si Inst., hut we understand that the Quarter- I master will disband the company forthwith, and I disburse their pay immediately on its receipt from • Washington should it be received he fore Ihe time is up. * U. S. Senator from New Hampshire.—Gov. Steele has appointed Benjamin W. Jennes to sup ply the place of Levi Woodbury in the United [COKKESPOSDENCE OF THE CHARLESTON COURIER.] Washinuton, Nov. 15. Some few members of Congress have ulrcady arrived here, among them Mr. Davis, of Indiana, one of the candidates lor the Speakership. The most prominent of the candidates for that office, be-idea Mr. Duvis, are Mr. C. J. lngersoll, of Pennsylvania. Mr. Holmes,of South Curolinu, and Messrs. Hopkins and Hunter, of Virginia. The appointment of public printer seems to create more interest than any thing else, jusl now. In my opin ion, the struggle is over, and the editors of the Un ion will unquestionably be elected printers of the tiouse, und with little or no opposition. The Sen ate is more doubtful, especially us H>e attendance will not be full at commencement of the session. Tho Constitution bus some pretensona for the Sen ate printing. The wur panic proceeds apace at the North, and in the end, will he almost as had a wur, us Mr. Webster has said, it is the firm impression of the commercial men of the North that the “Polk ud- ministration intend to wage a war with Great Brit ain, for the gratification of llie Western horde of the Democracy." This is the generally ex. pressed pinion in the Northern cities. 1 trust it will be found incorrect, and that whatever rights we may have lo Oregon will be maintained, with out any appeal to arms. It has been lately alledged that the policy of the administration and the course of the Union, on the subject of Oregon, were dictated by Mr. Benton, amt were intended to gratify him and use him for the destruction of Mr. Calhoun’s prospects for the Presidency, and the promotion of Mr. Walker’s, or of Mr. Polk’s, who might consent to lake the pur ple the secuod time. The whole idea is idle and absurd. Mr. Benton is aloof from the administra tion. as every one knows here. He ie nut cun. suited by it, and has no communication with it. With the editors of the Union ho is not on terms of even personal courtesy. What his course will be, as to Oregon, no one knows. Some have sup posed that lie would, as he did in 1828. go for n compromise, by taking the 49ili parallel as our Northern boundary. At all events, whatever lie may do will have no reference to the promotion of llie interests of Mr. Walker or Mr. Polk. it Is again plainly declared by the Union that Mr. Polk will govern Itis policy by the principles assumed by the Baltimore Democratic Convention. If so, he cannot nvuid coming out in favor of our claim lo “the whole of Oregon.’’ Tho inaugural address did nut go so lar. it said nothing uhout the "whole.” I have understood, f rom good authorin', Him Mr. Polk, a month nr two ago, did nssure’a gentleman front Ihe West that he would, in his message, assert our title lo " the whole." Still, however, some think that he will modify litis asser. lion, so us to leave the question of title open to ne gotiation. Hon. John C. Calhoun.— Various rumors Itnve gone abroad as lo the probabilities of this distin guished statesman again taking a seat in (he U. S. Senate. Every where, and from all parlies, we hear an expression of gratification at Ihe prospect of his greul mind being again brought into requisi- Hon in our national councils. We know that the information will be received in gei.ernlapprohation lltut he is tu return to the Senatorial station during the ensuing Session of Congress, Judge Huger, thr present Senator front this Stute, having finally de termined lo carry out his long desired wish of re tiring irom office, held, fur some time past, only at Hie especial desire of his constituents. We have this information from a source which can he relied on.—Chat. Cour. Mississippi Senator.—The Governor of Missippi has appointed Joseph W. Chalmers lathe scat m the U. S. Senate vacant by the resignation of Mr. Wulker. Tho French Government, we are told, are about to Import their rail road iron from the United State*. !HPVftT»yyMggA REMARKABLE The Lowell Courier contains a report of a re markable case before llie Court of Common Pi e «, in that city last week—in which the witnesses foj the government were nil mistaken ns to the id. ntj. ty of the prisoners—a fact,as the judge aril remaik- ed, almost sufficient lu sltuke all confidence in h u . ma.. testimony. Wit present the Ibllowing uhs-.rucl of this singular case t Henry Sherman was charged with two assaults with Intent to commit a rape, upon two young girls who were picking berries—the one at Medford, on tlte20thof July last, and ihe other no the 28th of July, two days after, at Newton. Sherman was arrested, and examined before a justice, at Spring Hotel, in Watertown. The girl upon whom i|* assault was made, und one of her companions while she was picking berries, were brought into the Hull separately, and each identified the prisoner, and pointed him out among fifty or sixty persons ussem. hied, as Ihe innn who committed the assault on the 28th of July / The prisoner was taken to Cum. bridge, and examined in regnrd to the assault at Medford, on the 26tlt. All the witnesses, to tho amount of eight or ten, identified him ns the per. son who committed the assuull on the 26th. They all swore thut the prisoner at the bin, wit* the tame individual whom they had seen at Medlord on the 28th and at Newton on me 28th. and who Inid coin, milted the crimes as ptoved. One witness, con. nected with the Railroad, took purttctilur nutice of hint, while conversing with him on th«20ib, Irom the fuel that he bore u strong resemblance to a rel ative of his. No testimony in regard lo the iden tity of the person could possibly be stronger The counsel for the defence undertook to ptove an alibi- alleging that the person was in New.Hampshire on the 26th and 28th of Juiy, asset forth in this in- dietrnenl. To prove this they called a Mr. Arnes, of Keene, who testified that the prisoner rode with him from Chesterfield ic Keene, Tuesday.22d t ny of July last, and Hint lie suw him every day from thut till Monday, the 28th and during that lime the prisoner bought a trunk at Itis store. Tho trunk was irt Court, and the witness identified it. |f 0 said the prisoner hoard, dm the Eagle Hotel during his stay in Keene. The har-ke.-per of the Eugiu Hotel was culled, who confirmed this, and further testified that he sat by the sideul the prisuucr at tho table every Huy from the 22rl to the 27th nf Ju ly, und Hint hu was constant ut his meals—that he saw him frequently besides, und talked with him. Anri both of these witnesses testified thut on the 26th of July (the day on which the assault was made iu Medford) they snv they saw the prisoner ■I a Caravan exhibition in Keene. A Mr. Ward, a Concord and Ke. tie singe driver, was also nailed who testified that on the morning of the 28th ol Jit! ly (the day on which the us-nult was cumiuiiied iu Newton) the prisoner registered his name it th Q stage office, in Keene tor Concord, and that In- mdo on the seul with him ull the way Irom Keene lo Concord thut day, nnd he had mueh conversation with him on the road. A Mr. Stewart, a tailor in Concord, wus called, who testified that on the 26th of July fast, he made u pair of pantaloons for the prisoner, and from the peculiarity of their make hu identified them as being the ones'nuw wont hv tile prisoner. Another witness was called, who saw the prisoner about the 1st of August in Merrimack, on his way in Nashua. Several of the witnesses were recognized and called by name by the print, iter when he first saw them in court. Eve.) one of the witnesses swore they hud not the slightest doubt that the prisoner at the bur was the same man whom they had seen in New Hampshire, us described by them. The counsel for the prisoner here rested their cage, having proved an alibi. The District Atlor. osy admitted the alibi us to the 26th of July, hut thought the government witnesses were oostakeo as to time—that the officers committed on the 19th and 21»t July, being the week before und look lime to send to Ne»ton und Mrdlurd, to see if the time could be cltunged. The uitempt was unsuc cessful—the time could not he changed—the climes were coimnitted on the 20tii and 23lh, as alleged— and the prisoner was dischutged. This is cerltiiuly one of the must remit tint bin in stances on record,of the lullihiljiy ol human testi mony. The resemblance between llie rcul »nd tlio supposed offender must be greuter than that be tween the two sisters in Sue’s Wandering Jew or between Adrienne und Ihe Griselte, who wti* made to pass lor her in Ihe evening. We often read of such resemblances, bul rarely meet with them in rcul life. Alluding tun fuel which tiie de fence were preparing to prove, viz: that Sherman went lo Luwell about the 31*1 ol July, und boarded there u couple uf weeks, and then crossed over to Newton to the spot where the prisoner wits urrcs'cd —the Couriet pronounces it very reinurkablo tlisl n person, so nearly resembling the one who hod committed the offences ns to he immediately recog nised by ull these witnesses should, within a fort night, cume to the identical spot where they were committed ; and it would uppeur still more strange that the prisoner, if guilty, should liavu been found there. There probably never was u fact ninro satisfactorily proved limn the innocence of tho prisoner. Blowing Hot and Cold.—The Democratic press have exhibited e most feeling sympathy lor the condition ol Jttdgo Berrien. A few short weeki since, ho wits represented as the very unpersons- iion of evil und mischief. We believe, they gave him credit for sumo mind, although we have no doubt curtain small patriots considered hint very milch overruled, Bul there was no epithet of re proach in the Democratic vocabulary. prolific us il is, which was not culled iu requisition us expres sive uf their detestation of the man. He w as not only n Federalist, hut u traitor, an enemy of Ihe South, the Irieml und associate of Hlinlilionisls,and by implication at least, un Abolitionist himself.— The Whig Titun wits overwhelmed by the moun tain of Hspurlions heaped upon him by his politi cal opponents. But when it was supposed thut he was In bo made a victim by his party, they were at • are awakened lo a sense of the extraordinary merits of "our Paliniirns.” One admired Ins splendid tulents ; another his intlnpeti- coco and the hones ly of Itis intentions ; nnd another bestowed open him, in Ihe pleolilude of his magnanimity, the clas sic appellation -the noblest Homan of them all.”— But •'presto change, Mr. Bert ten resumes his pus. I tliun ut the head of the Whig purty ; the scales I again fall from their eyes, and he once more an- j pears iu his original deformity. As tin open mouth- I ed Democrat observed loos—no is still --.Mordecai j the Jow sitting iu the King’s gale"—hie iliac lach• rymae.—Macon Messenger. Shall I’nx in Columbus—The following statement from Dr. Hoxey. the President of the Board ol llraltli. says the Enquirer of the 19th inst., will give the la'cd Information as to the stale of Hie disease lit tins city : Health Office, ) City of Columbus, Nov 18, 1815. ( Since my last Report, three mild cases of Variolate have occurred, They have all been r< moved to 'lie Hospitals beyond the limits of the City, and there does not rxist s single case of Sunil H i or Variola d in lit® C ' ly ' THOMAS HOXEY, PcRf*» Board of HfflllL