The Daily constitutionalist and republic. (Augusta, Ga.) 1851-185?, November 26, 1853, Image 2

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Cimfltiintnnatiat t HUpulilir. I JAMBS ~Q | OFFICE ON Me IN TOSH-STREET. THIRD DOOR FROM THK NORTH-WEST CORNER OF BROAD-STREET. TERMS: Daily, iu advance per annum $6 00 If not in advance per annum ••••• 7 00 Tri-Weekly, in advance .per annum 4 00 If not id advance por annum 5 00 Weekly, iu advance....per annum 200 AUGUSTA, GA. __ SATURDAY MORNING, NOV. 26. See first page Daily, this morning. {Correspondence of the Const. & Republic.! Milledgevillb, Nov. 22, 1853. Mr. Editor: —The special order of to-day in the House, was the bill to pardon Elijah Bird, o DeKalb, now under sentence of death. Elijah Bird is charged with the murder of hi* brother-in-law, Nathaniel Hilburn, of DeKalb, on the Ist of December, 1851. The case was tried at the April term, 1853, of the Superior Court of DeKalb, and the prisoner found guilty of the charge. On a writ of error, the case was taken up to the last Decatur terra of the Supreme Court, but the decision of the court below was affirmed. The House has been entirely occupied in the consideration of this bill to-day, and to-morrow the case will be continued. The father end a little daughter of the prisoner are present and have all day been seated within the House. Mr. Smith, of DeKalb, rose in opposition to the bill. He said that he had much to offer why this bill sbould not pass. No petition had here been presented in behalf of the prisoner, from the people of DeKalb, or any other county in the State. He came not to ask for vengeance. But what was the offence. Cain had slain his broth er, Abel, and the blood of Abel cried from the ground. The Prisoner had had the assistance of able counsel, had been tried in a court presided over by our ablest’Judges in the State, and yet had been found guilty. The Supreme Court had even complimented the decision of the court be low. Now, the cas# was before the Legislature as a last resort. This was natural, man clung to life like the mariner to the last spar. Some additional reason should be urged before this tri bunal. None wjas offered. It might or might not be true that the deceased had cut the car riage. It made no difference. (This remark is based upon the testimony of some witnesses,who testify that the deceased, just before the murder was committed, with an axe, cut a carriage which was before his door, and which was then in the use of old man Bird .) The axe bad been thrown away. His arms, his only means of de fence, were held by his wife and daughter, old Mrs. Bird trailing him over the head with a stick. Atsuch a time, Elijah Bird, assassin like, creeping up from behind the carriage and reach ing over his mother’s shoulder, gave the fatal blow. Here Mr. Smith read the law defining murder. It had beenjsaid in defence that Bird believed Hilburn was endeavoring to kill his mother. If such was the case, she (Mr. Smith) had not another word to say. But the testimony showed that Hilburn was assulted by Bird’s mother. Whv, the facts showed that the mur der was committed when he was going into hit own house, led by bis wife- and daughter, and without a single weapon to protect himself.— Neither did Bird have any reason to entertain a fear for his own life. If threats had been made three or four days before, they would not justify him.j But where was the evidence of them. The character of the witnesses on the part of the State was unimpeacha >le. There was no peti tion for the prisoner. He expected to produce one signed by 500 persons against him. He would say no more at present upon th» subject especially as he might have another opportunity to address the house. After the conclusion of this speech, Mr. Wal ker, from the committee on Internal Improve ments, reported a bill to lease the W. & A. R. R. which will we found noticed at length in the proceedings of the Senate. The Heuse then adjourned until 3 o’clock Afternoon Session. —Mr. McDougald in de fence. Mr. McDougald said that he would give the gentleman of Dekalb the credit of having made the very best speech which could be made under the circumstances. The genteman had pressed the importance of the fact that there was no petition in the prisoner’s behalf. A petition was a mere form. Two years ago a case of this kind was brought belore the legislature from a neighboring county, and a petition could not be obtained from a dozen persons in behalf of the prisoner. (It is supposed, that Mr. McDougald alluded to the Cornet case, in which Col. Mil ledge, then a representative from Richmond,dis tingu;shed himself by his able defence of the ac cused.) The evidence of the State in the pre sent case was highly colored. He Lad never seen it better arranged. Mr. McDougald then proceeded to review the testimony at length. Mrs Hilburn, the first witness on the part of the State, was according to her own testimony, not present at the begin ning of the transaction. She saw not the cause of provocation. Her representation of Mrs Bird. an aged female, striking him on the head and thus ereaning his hat appeared to him farcical and ridiculous. Scripture, it is true, said that the wicked flee, when no man pursueth. But testi mony founded on a prisoner fleeing was derived from English practice. It ought to have been ruled out. He would here discriminate between positive and negative testimony. Negative tes timony was equivalent to no tistimony. You could not prove that the clock had not struck 12 to-day.. Because the evidence of one manfin favor of the striking would over-rule the evi dence against. This showed the force of nega tive testimony. Mrs. Bird called out Mar shal, according to Mrs. Hilburn’s testimony. Why, because there was an attack upon the carriage or herself. From the representation of some, it might be supposed that the prisoner had inflicted the blow as if he had been sticking a beef or a hog. Facts showed that it was a soli tary stab. It had been called an aggravated murder. Murder was murder; no adjectives or adverbs could be applied to it. When your mo ther jwasj thus struggling} in the street, would you have shown the white feather, got out of the way into a cellar * On the spur of the mo ment, influenced by filial affection, he had come to his mother’s rescue. Seeing the knife open, he was bound to come to his mother’s assistance. The testimony against the evidence of the two girls ought not to be received! What! two girls 16 or 17 years old, unacquainted with the world their credibility attacked. Make them out any thing, prostitutes if you please, but their credibili ty must remain unimpeached. On what ground was it attacked ? Want of chastity. Apply the same test to men, the lords of creation, and how would they stand it ? But who were these men who knew so much about these girls. An old adge has it, that birds of a feather will flock together. Who was Chas. Wooding ! A man who admitted, that he suborned a witness to commit perjury. There has been four or five shootings in At- lanta : the people exasperated, wanted some one ( punished as an example. There was a call for i i Bird. The case, however, could by no construe- ! j tion. be made more than manslaughter. This might be urged before a petty jury: but the Legislature has a wide margin. If the blood of Abel did cry from the ground, the shedding of in nocent blood would not cause the cry to cease - The Almighty still suffered Cain to live. Legislative power was a check on the bias of a jury. He would put the question to jjgntle men, was not the prisoner, when he saw his mother-in this difficulty, urged by an uncontrol lable passion, without any malice or premedita tion, to inflict the fatal blow? However you cannot commute the punishment; then turn him loose and let him go free. I have not attempted a full report ol the speeches in this case. Mr. Smith spoke about three quarters of an hour; Mr. McDougald an hour and a half. They would consequently oc cupy too much space, and I have therefore been compelled greatly to curtail this report. After the conclusion of Mr. McDougald’s speech, the house adjourned until 10 o’clock to-morrow morning. Senate. —On motion of Mr. Ridley, of Troup, his resolution fixing nine o’clock, as the hour of meeting for the Senate, was taken up and adop ted. Mr. Singleton, of Lumpkin, offered a bill to incorporate the Savannah, Rabun Gap and Dah longa Rail Road Company. Mr. Wilcox, of Telfair, a bill to change the time of holding the Superior and Inferior Courts of Telfair. Mr. Stephens, ol Hancock, a bill to regulate the mode of granting new trials. Mr. Mosely, ofSpalding, a bill to organize a new county from the counties of Henry and Fay ette. Mr. May, of Stewart, n bill for the relief of i Samuel Mcßee. Mr. Anderson, from the committee on Inter nal Improvements, reported the following bill. An act to incorporte a company to be called the " Western & Atlantic Rail Road Company,’ and to lease and let to the said company the Western & Atlantic Rail Road, for the term of 20 years. This Bill provides that certain persons, whose names are not yet inserted in the bill, shall, on thirty day’s previous advertisement in a public gazette in Savannah, Augusta, Columbus, Ma con, Atlanta and Athens, cause books of sub scription to be opened in each of said cities, un der the supervision of three Commissioners, by them to be appointed at each of said places.— Each person, on subscribing, is required to pay ten dollars per share on each share subscribed for to the Commissioners. The capital of the com pany is to be $500,000. Should a larger amount be subscribed, then all subscriptions exceeding 5 shares shall be scaled down rateably. It is fur ther provided, that no rail road company, city corporation, or bank corporation, will be allowed to subscribe, until thirty days alter the opening of the books. No corporate company, nor indi vidual out of the State, will be allowed to sub scribe. Should it become necessary to scale down the subscriptions, then the subscriptions of corporate companies shall be first reduced, and the subscription of no individual, as long as the subscription ol any company remains. Atlanta is named as the principal place ol busi ness where stockholders are to be summoned on a notice ol 30 days, to elect a President and five Directors. As soon as $125,000 of the stock is paid in. then the Governor is authorized to lease the road to the company on the following condi tions: First, the company to pay the State, in half yearly payments $250,000 per annum. Se cond, the company to keep the road in as good condition for 20 years as it is on the day of lease. Third, the Governor shall appoint three compe tent persons to take an inventory of all equip ments and appurtenances of the road at the time tff lease; a like inventory in like manner to be taken at the time of its expiration, and should such equipments and appurtenances be more valuable at the latter period, then the State shall compensate the company,the additional value to be fixed by the three commissioners appointed by the Governor. The company is invested with all the privileges granted to Georgia, per taining to that portion of the road which is in Tennessee. Two bills have to-day passed the Senate. A bill to aliow the Treasurer to make certain ad* vances, and a bill to change the law concerning Ordinaries, so far as relates to Liberty County. R. Milledqeville, Nov. 23d, 1853. The House resumed the consideration of the bill for the pardon of Elijah Bird, Mr. Thorn ton, tit Muscogee, took the floor. He said that he was deeply impressed with the responsibility devolving uping him in view of the vote which he should give. He had scanned the evidence to the best of his ability, and with the a know ledge of the relations between himself, his God and his country, he could not say that it was murder. The question, which the House had to decide was, whether the case was one of murder. There were several peculiarities in the case which had not been noticed. Every witness on the part of the State began in the midst of the transaction. The ladies only were present at the commencement of the difficulty. Is it not probable that they spoke the truth. It was true their testimony had been impeached. But then all the witnesses, with one exception, swore that they bad not heard their character for veracity impeached until alter this difficulty. I* R rio natural that when the whole community is up and the cry is for blood, that this should be the case. He, Mr. Thornton, regarded the ti mony ol Williamson as a key to the whole tn s action. It showed that the old man Bird had given property to Hilburn, and afterwards had taken it again, and this caused Hilburn to threaten, that he would bave it or kill every one of them. Elijah Bird, in assisting his mother, acted as the heart of a freeman would prompt him to act.— The evidence of Husky proves the treatment of Hilburn to his wife. From that evidence it ap peared that Bird avoided a difficulty. He re marked, “ that he hated to get into a difficulty with deceased, for if it occurred, one of them must be killed,” could not be called a threat.— Would gentlemen take up a man and hang him on such a threat as that. The life of the prisoner had been threatened by deceased : prisoner had been informed of it. SoEUenor Rice testified. Her testimony was unimpeachable. Under such circumstances, coming up and finding his mother struggling with a violent man, he made the at tack. He had understood that this old Mrs. Bird was a daughter of Richard Tyner, of old Elbert, a Revolutionary hero, a neighbor ot Nancy Hunt. She got her pluck from him. Great stress was laid upon the tact, that there was no petition. Now,how,are those petitions got up? It is not pro bable that the 100-th pait would be acquainted with the case. It is said that it would be wrong to turn him losse upon an exasperated commu nity. A man who would vote from such an impulse would commit murder- For two years the prisoner had been confined in a narrow cell, 4 by 7 feet; now he was suffering from the dropsy. He called on gentlemen to withhold the axe of the executioner for a short period to give this in { dividual an opportunity to reconcile himself with S j his God. Look at his daughter, five years old, s ■ five more children at home, their mother, their j father, their only stay in their orphanage. Con- j sider the tears of the aged father. Are these not ] signatures sufficient. He believed the Georgia Legislature to be composed of men actuated by : like sympathies with others: he believed they , would do their duty to God, themselves, and their country. Mr. Irvin, of Wilkes: He appreciated the mo tives which actuacted gentlemen. But there were higher and graver considerations than mere life and death. Were it otherwise, he would not hesitate to yield his assent to the bill. If a solitary doubt existed upon his mind, the pri soner should have the benefit of it. Gentlemen say that the absence of a petition is a matter of no importance. He thought otherwise. Two years have passed away; the passions of the people of DeKalb had had time to cool: yet their sober judgment confirmed the verdict. The first, the evidence, discloses of the matter, is an at tempt to cut the carriage. There must have been something behind the curtain which veils this matter in mystery. It is said that the im peachment of the testimony of the girls was on account of a want of chastity. But their veraci ty had also been attacked. After a review of the evidence, he could come to no other conclu sion than that it was deliberate murder. Mr. Pottle, of Warren, like the gentleman from Muscogee, was deeply impressed with the responsibility devolving upon him. As a legislator, upon hi/, oath, he was compelled to de cide against this bill. The gentleman said that we were here as Jurors; he did not so understand his position. The constitutional trial by jury should remain inviolate. He would be the last man to touch it. Before he could vote to alter it, it must be seen that the jury was subject to j some undue influence or to fraud,or that some tes timony had been devolped since the trial. The presumption was, that where there was a legal trial, there was a legal conyiction. His arm would rot in its socket before it would touch it. What were the facts ? Iliiburn was murdered in his own piazza, almost beneath his own roof, when offering violence to no one. Bird had pre viously threatened his life, according to the testi mony of Gardner; Hull had testified, it had been urged, that he recollected no such thing. But positive testimony, as admitted by the gentle man from Muscogee,was to be preferred to nega tive. Mr. Pottle went on to remark on the tes timony of Elizabeth and Jesse Robertson. If the curtain couid be raised it would show that feuds had been engendered by the family of the prisoner. This difficulty between deceased and his wife, was the nucleus, the eye-sore of this whole matter. It was the determination of prisoner to widen this breach, by the destruction of Hilburn. Hilburn had had abundant reason to be incensed. Wben he came to his house, he had called for an axe to cut the carriage, but was arrested in the attempt, and then steps out old Mrs. Bird, this chivalric woman, with the blood of Nancy Hart coursing in her veins, and commences beating him on the head with a stick. With regard to the cut on the face, there' was a conflict of testi mony. The physicians swore that it was a cut from a sharp drawn that it was made by Hilburn’s knife.— He said in conclusion, that the attack of the prisoner was not necessary for his own or the de fence of his mother; that the testimony of the State was unirnpeached, that the testimony of the defence, ot these unfortunate females, could not be credited. That if there, had been doubts it was for the jury to regard them. He called upon gentlemen, if the penal code was to con tinue in force, if society was not to be resolved hack into its original elements then they should not prevent the punishment of the guilty. If the Legislature turned this man loose upon the com munity, he intended so to record his vote that he f could say to his conscience that it had no part in doing this thing. The House then adjourned until 3 o'clock. AFTERNOON SESSION. House.—Mr. Strother, of Lincoln. *This bill was an implied petition. If the bill is to de pend upon the sympathies of members, then the decision must be according to the temper aments of members If upon external circum stances, then a discrimination is to be made in lavor of the fortune of individuals. The only safe rule to act upon is a presumption of inno cence. The evidence agrees that there was a slight attempt to trespass on the propeity of Mis. Bird. It must have been slight to have been pievented by females. Hilburn was returning into the house. Was Elijah Biid such a hero as gentlemen would make out, to creep up, under these circumstances,to inflict the blow. Admit that Hilburn made threats. He made no attempt to execute them ; then he stood ac quitted in the sight of the law. Witness testi fied that he intended to bathe the weapon in his hand in Hilburn’s blood. True to his promise he did it. The defence was that it was a homi cide in defence of prisoner’s mother. This was not borne out by the testimony. To receive the testimony of the girls, and reject that in refer ence to their credibility, would be an outrage on criminal trials. Mr. Strother then read and applied the law, after which he concluded. Mr. Rucker said that he desired to make a few incidental remarks. The testimony had been sufficiently reviewed. There might have been a crime committed. But the question was did it amount to murder. The testimony on the part of the defeuce had been attacked. It seem ed to him unnatural that these girls should testi fy to a falsehood against their father. He could not believe it false. But other testimony was unattacked. Threatened as the prisoner had been, he must have been wrought up to an un controllable passion. Then it would be but a case of manslaughter. The command “ Thou shalt not kill,” had been quoted. The com mand ought to be taken to ourselves. If gen tlemen were willing, if they had the power, to commute the punishment, then that was an evi dence of a doubt. The prisoner ought to have the benefit of it. He had been already punish ed. If we erred at ail in this let us err on the side of mercy. Mr. Lamar, of Newton : He had not intend ed to participate in the discussion, but urged by the friends ot the defence, he would briefly give the reasons which would control his vote. He differed from the member from Warren as to the pardoning power of the Legislature. It was not necessarily appellate in its character. Its object was different from that of courts and juries and was designed to mitigate that rigorous code whose character is sometimes written in blood. Nor could its exercise be limited to the cases ■ mentioned by the gentleman. If there be a mistake of fact, however honest on the part of the jury, or error in the decision of the court, or if the case should present strong palliating cir- 1 cumstances of which the law could not take no- ] tice, tha exercise of the pardoning power be- 1 comes not only proper but a solemn duty. Nei- '< ther had the gentleman correctly stated the is- sue before the House. It was not one of mur- t der or innocence. It was simply was the pris- j oner guilty of murder? He may have been a bad man, an abandoned man, guilty of crime, j but the question forces itself, was his crime that ( of murder? The facts, as developed by the 5 State, show that the killing was the result of a sudden heat of passion, in a difficulty not antici pated by either of the parties. The whole case in a nut shell was this: Hilburn entering his house, and being told the carriage before the door was old Mr. Bird’s, proceeded to destroy it with an axe ; a violent rencontre between him and the old lady ensues; she calls for a marshal, her son coming up rushes to her rescue and strikes the fatal blow. He called on gentleman to view the transaction in the blended light of the testi mony on both sides—putting out of view the testimony of the girls—Butler, a disinterested person, but thirty yards off ai the time, swears that he saw Hilburn striking at the old lady with a knife or razor. But why should their testi mony be rejected ? Nothing but the power of truth, the simple overwhelmning power of truth, could have made them testify in behalf of their I father’s slayer. Their characters had been im peached, but not till after the killing of Hilburn, when it is ascertained that their testimony would be lavorable to the prisoner. With their father dead, their uncle in prison, how easy for their reputation to be ruined by an exasperated community. Female character, though pure as the snow-flake, will soon melt away before the hot breath of calumny. Their testimony was impeached on account of a loss of social position ; that did not involve a loss of veracity. It was time that justice should be done to this unfortu nate anu blasted class of society. The victim of man, she was crushed into infamy, while hei destroyer walks the earth, as if sinless before God or man. But their testimony harmonized with that of others. They only testified to additional facts. All the testimony may be true; each is but a fragment of the whole. It results from that principle in philosophy which enables us to see but one thing at a time. Bird had suffered himself to be insulted, his sister beaten, his life threatened ; the only thing which could rouse a single spark of manhood in his bosom, was an attack upon his mother. It was true Elijah Bird came before that body with out a petition, without influential friends to aid him, immured for two long years in a dungeon, suffering under a mortal disease, he had been carried almost beyond the reach of our mercy.— He now asked for a pardon. Mr. Reynolds, of Newton, said that before re cording his vote, he wished to give the reasons which would control him. The case was an important one. He had once dodged a vote on a similar case. He would to God, that under his oath, he could now vote for a pardon. But he was obliged to differ from his colleague who had so ably conducted the defence. This was a law making body. The queston they had to de termine was whether this was a case of murder or manslaughter. If the prisoner was convicted, he fell a victim to his own crimes. Mr. McDougald again arose and asking the indulgence of the house offered a few remarks in reply. The discussion ended, the Speaker arose to put the bill upon its final passage. Silence prevailed throughout the anxious crowd, as the vote was counted. When the result 43 for, 64 against the passage of the bill, was announced, the large as semblage of spectators dispersed. In the crowd I lost sight of the old man, with his little grand child, the daughter ot the prisoner. Hope, which has so long sustained him through a tedious trial, in a review of the case by the Supreme legal tri bunal of the State, and again in its final review by the legislature, must now cease to spiring within his bosom. He departs for home, the bearer of sorrowful tidings. Whilst it is to be hoped that the ends of justice have been served by this decision of the legislature, pitying hu manity cannot but deplore the fate of the unfor tunate prisoner. The House adjourned until 10 o’clock, Friday * morning. Senate,' —Mr. Cone, of Bulloch, reported a bill to incorporate the Georgia and Florida Steam Packet company. Mr. Smith, ot Coweta: a bill to incorporate College Temple in Newnan. Mr. Drake, of Upson : a bill to incorporate the Upson Female School. Mr. Moseley,of Spalding: a bill to incorporate the Griffin Baptist Church. Mr VV illiamsou, o‘ Newton : a hill to incor porate Webbville in Newton ; also a biil to lay out a new country from DeKalb. Mr. Sturgis, ot Muscogee: a bill to abolish imprisonment for debt, except in certain cases, mentioned in the bill. Mr. Hull, of Clark, presented a communica tion from the Temperance Convention, now as sembled in this city, requesting the privelege of presenting a petition to the Senate to-day. On a motion to lay the communication on the table, a lively discussion ensued. The motion was lost by a vote of 50 to 34. The Senate adjourned until 3 o’clock, this afternoon, Ihe as teroon session was occupied in reading hills the second time. R. Horrible Suioide. Early on the morning of the 19th inst., the sleepers of Mr. Buris’ hotel, of this place, were aroused by the report of a gun. Some young men, sleeping immediately over the room of the deceased, when the report was a second time heard, it being yet dark, went down, and suc ceeded in raising a window, rushed to the room in question, where they found the deceased about breathing his last. His name is said to be Jere miah King, perhaps atone time of Charleston, which inference is drawn, we believe, from his having a draft in his possesion on one of the Charleston Banks. Mr. King came to this place eight or ten days previous to his death, and was observed to be of very singular manners ; so much so, he was sup' posed at least partially deranged. More than one circumstance led Mr. Burris to the opinion that it would be proper to confine him, but he abandoned that opinion at the suggestions of others. He said he was not guilty of any crime, to cause his dejection, and deranged state of mind; but yet, he had done enough to make him miserable beyond endurance. Mr. King was perhaps thirty-five years of age. rather fair complexion, black hair, inclined to curl, five feet, six or eight inches in height, with rathei a peculiar eye; having a glassy appear ance. He bore the marks of previous violence upon himself; his throat being considerably scarred. J Before shooting himself, he seems to have ta ken his knife and ripped open his bowels, sever ing an intestine. He then seems to have taken the same knife and dropped it into an already loaded gun,which he had by some means contrived to get hold of, and placing the muzzle to his tem- P*s> w,t fi fi' s f°ut and handkerchief fired it u j j-ke s hot took effect in the back of his head tearing a terrible hole, while the knife was 10 v juried to the jaws in his temple. No doubt this dreadful suicide was caused by liquor; the deceased being a dissipated charac ter and had just come off a long “ spree.”—Cats ville Standard, 24 th imt. An Attempt to Murder.— Four negroes, belonging to Col. Joseph A. L. Lee,of this coun ty* attempted to murder Mrs. Lee a few days since, in the absence of her husband. They had been administering a slow poison, but finding this ineffectual they went to her room at night and had nearly succeeded in smothering tier, when she had presence of mind to arouse her lit tle son by pinching him, whose outcry alarmed some faithful servants, who came to her rescue just in time to save her from a brutal death.— i he negroes have confessed their crime and are now in jail, awaiting their trial. They do not impute t heir evil designsto any unkind treatment on the part of their mistress.— Columbut Titnet, 23 d intt. ■ BY TELEGRAPH. Three Days Later from Europe. ARRIVAL OF THE STEAMER CANA DA. COTTON MARKET STIPFER. Considerablo Fighting—Turks Victorious. New York,Nov. 24. The steamer Canada has arrived at Halafax, bringing advices from Liverpool to the 12th in stant. The news is highly important. The Cotton market is firm. There had been considerable hard fighting in which the Turks were victo rious. Liverpool Cotton Market. — The sales of the week reach 45,000 bales. New Orleans Fair 6|, Middling 6; Upland Fair 6f, Middling s|d. The demand is good and prices are stiffer—the middling qualities had improved the most. Quo tations unsettled. Speculators took 9,000 and exporters 3,000 bales. Havre Market. —The sales of the week reach 6,000 bales, with moderate sales to the trade. A later dispatch gives us the following par ticulars : Cotton. Middling grades have advanced nearly l-16th. The warlike news from the East, the stoppage of mills on account of the Lancashire strikes, and the shortness of the harvest, have stopped speculative operations. The circulars generally do not change their figures for quotations. The sales on Saturday up to the Canada’s sailing, were 4,500 bales, the market closing steady. The Liverpool stock is now 681,000 bales. Breadstuff's closed with an improving ten dency. Rosin was active and advancing, the sales re ported being 3,000 Common at 6s. 6d. to 75.; fine 14s. State or Trade.— Trade at Manchester was dull, holders refusing to submit to any decline. Tea has advanced i to Id. Coffee has gained a slight advance. Freights were firm, with upward tendency. There was no change in the money market; Consols 94. The commercial advices from India were con sidered favorable. Political Intelligence. The War in the East. The Czar has issu ed a violent and threatening manifesto, declaring his determination to bring the Porte to terms by force of arms. By a telegraphic dispatch from the French Consul at Bucharest, dated November G, it is an nounced that the second and third divisions of the Turkish forces had defeated the fourth divis ion of the Russians near Portutai. The Rus sians had retired towards Bucharest, with loss of 639 killed and wounded, including 14 officers of high rank. A Russian war steamer had been burnt by the Turks near Arsova. The Russian forces defeat ed constituted the main body of the army in the j Principalities, under Gen. Dannenburg/ The Turks have also been victorious in Asia, i under Selim Pasha, and were pressing in strong 1 force towards Bucharest. It is now believed that all attempts to settle the difficulty by diplomacy must fail—at least until a decisive battle shall be fought. The Russian army has been reduced by sick ness to 80,000, and no reinforcements could ar rive under six weeks Irom the last accounts. Austria having concentrated large bodies of troops on her frontiers, the Servian Government have notified the Porte that neither Austria or Prussia, should he allowed to occupy that terri tory, and their population was called upon to arm. It is reported that Austria thereupon pledged neutrality on condition the Porte would give employment in his army to Austrian refu gees. There are fresh rumors of troops being raised in Egypt. India.— The last overland mail brings news from India that the Czar of the Russias had ef fected an alliance with Dost Mahomed, whereby the latter was pledged to declare war against the ! Indo-Britannic possession, if England continued to espouse the Turkish cause. A large Russian force was to enter Bakhardi. It was reported also that a large Persian army was collecting aid of Russia,but this is denied at Constantinople. England.— The fleet at Spithead had been ordered to prepare foi sea by the 11 th. The order issued from a full Cabinet Council, held on re ceipt of the above intelligence from India. Franck. —On the trial of the opera conspira tors at Paris, it was clearly proved that a plot was on foot to assassinate Louis Napoleon. Latest from the East.— The Russian of ficers who have been taken prisoners have been taken to Constantinople. The allied fleets were in the Bosphorus. It was rumored that the Turks | had stormed Bucharest. The Porte had decidedly rejected all offers of diplomatic arrangements. It was currently ru mored that immediately on receipt of despatches from Gen. Baraguay D’Hilliers, announcing his arrival at Constantinople, 23,000 French troops would be ordered there. The Atlantic arrived at Liverpool on the 9th inst. New Orleans, Nov. 24—p. m. Cotton. —The market to-day has been very ac tive, and 14,000 bales changed hands, the largest transactions of the season. There has been an advance of jc. Strict Middling 91 to 9| cents. Receipts to-day 11,000 bales. Coffee active, 10,000 sacks sold at 10J to 11J cents, hut higher rates are now asked. Pork, 1500 barrels Old Mess sold at 12 cents. The Canada’s advices were received before noon, to-day. Charleston, Nov. 25.—p. m. Cotton.— The market is unchanged. Sa!e g 700 bales at 9to 101 cents. Baltimore, Nov. 25—p. m. Flour is held higher; Corn steady. The schooner George J. Jones arrived yesterday from Savannah. Boston, Nov. 25. Otis H. Weed, Ice dealer has failed for $75,000 j Nf.w York, Nov. 25.—p. m. 1 Cotton.— The market is firm. Sales to-day. ( 2350 bales. j Flour has advanced I; Corn better ; Coffee, a < large business is doing at advancing prices. Money unchanged. Bosworth, Postmaster at Troy, has resigned. 1 The charges against him are not credited. MARRIED. On Wednesday evening 23d inst., by the Rer. 1 a Mr. Duggan, Mr. Lons J. Barbot, of Charles- c ton, S. C., and Mias Clio Josephinb Marie Gar- « delle, of this city. In Savannah, Tuesday morning, the 22d inst. « by Rev. Mr. Preston. Mr. Wm. R. M’Laws, of Augusta, to Miss Mary A. Booas, of Savannah 1 • DIED. At his residence in WynntoD, on Thursday morn ing, 10th inst., Maj. Thomas M. Nelson, in the j ‘ , 2dyear of his age. 1 Stymttl lotiffs. n o lce *T' Tlie Rev - John W. Reid win p rcach in the Grocne Street Pres- MMlhouii ' ’ Mmsow Moki "»°. Rev S. m-iuce D. D., win Preach in the K^55J& Ata “-- “>-.>■ &X2ZEZr?**’™* to ■“#- ayucaboro', Burke County, Ga. t a s. nounc 5 > l^rou ffb your paper, that our former and efficient Receiver of Tax Returns, Capt. Robert 11. Wray, has again consen‘ed to boa Candidate ! tor re-election at the ensuing January election, j any reports to the contrary, notwithstanding, and obll ge pov 24» Many Voters. Oglethorpe Infantr y :T. ; This is your month for fire duty. noy 13 SI'EAR, 0. R. Of' Vocal Music.—Mr. Shrival would respectfully inform the citizens of Au gusta, and his former pupils, that ho will form an other class, in this city, on Wednesday next, No vember 2d, for the purpose of giving instructions in Vocal Music. For torms, apply at the Book ani Music Store of Messrs. Geo. A. Oates A Bro., or at the Music Store of Messrs. C. Catlin A Co. __ oct 26 lm CJ" ■iQp"' 3 Mrs * E. O. Collins, would respect fully eall the attention of her friends to a handsome and fashionable assortment of Bon nets, Dress Caps, Flowers, Ribbons, Head Dresses, Ac., opposite U. S. Hotel. ts oct 16 Georgia, Richmond County. Clerk’s Office Inferior Court, Nov. 8, 1853.—The Justices of the Inferior Court will proceed, on the First Monday in December next, to elect a Keeper of the Poor House. Ap plicants for the place will leave their proposals with the Clerk. By order of Court. nov9 td Oswell E. Casiiin, Clerk. Boarding House.-Tho subscriber «rv r *2s> continues,, to keep the large and com modious House, (corner of Greene and Jackson streets,) immediately on the way Dorn the Geor gia Railroad Ticket Office to the Globo Hotel, and is prepared to accommodate a few more permanent Boarders with good rooms, Terms.—Transient Boarders, $1:00 per day; Board without lodging, sl4 per month. N. B. A few medical students can be accom modated with good moms. pov4 lm* C. E. MUSTIN. 2 Ur * Van Voorhis has returned to Augusta, and may be found at his of fice in Constitutionalist Range, Mclntosh street, at all hours of the day or night, when not profession ally engaged nov 4 ts A Card -—AD- Charles Zogbaum **£2} respectfully informs the public of Au gusta and vicinity, that ho has taken up his resi dence in this city, and is prepared to give Lessons n Vocal and Instrumental Music. Mr. Zogbaum is a native of Germany, a pupil of the celebrated Thalberg, and has been engaged in caching Music for many years, both in Europe and in this country. The last five years ho resi ded in Athens Ga. Mr Zogbaum will he prepared to receive pupils on Monday next. The Harmonic Society will be gin as soon as suitable rooms are provided, of which there will be notice given through the public prints He is permitted to refer to the following gentle men : Rev. Dr. Church, Dr. John Le Conte, Dr. Jo seph Le Conte, Prof Emanuel Vilalic Schcrb, Dr. James Camak, Athens, Ga. Dr. Win. E. Doaring, E. Clayton, Esq., G. AY. Ferry, Esq, Augusta, Ga. For terms, and other particulars, apply to Mr. Zogbaum, or G. W. Ferry, or Dr. Wm. E. Dear in g. ts nov 3 J. A. ANSLEY, (Late of the firm of Seymour. Ansley Co.) GENERAL COMMISSION AND PRODUCE MERCHANT, Augusta, Geor.gr-. 03?" Office, Broad Street, opposite the Bank of Brunswick. dAe nov 6 Hp Paid lor WOOLLEN, LINES COTTON and SILK RAGS, by E. CAMPFIELD, inn 20 ts Corner River and Jackson st. HOUSE, Savannah,G G. Fargo, Proprietor, (late of the U fi. Hotel. Augusta.) apr 15 ly Kathairon—For Preserving, Restoring and Beautifying the Hair, alleviating Nervous Headache, and curing Eruptive Diseases of the Skin. Its reputation, co extensive with the civilization of the globe, makes all praise superfluous, all exaggeration impossible; and since its discovery has found no substitute to compete its incontested—its incontcstible superiority. Physi cians and Chemists—honorable citizens from all professions of life—the leading journals of Europe and America—Ladies who have used it upon their dressing-tables, and Mothers in their Nurseries—in fact, its million patrons everywhere, from Plebeians to kings, pronounce it the most pleasing and effec tive article either as a Medicinal or a Toilet prepa ration ever produced. Do not fail to give it a trial. Price but 25 cents. D. S. Barnes, Proprietor, 161 Broadway, N. Y. [C7“ Sold by every Druggist in Augusta. D. B Plumb & Co., oct 28 lm Wholesale Agents. Kail Road Notice. —On and after Wednesday, the26thinst., the Pas senger Train on the Augusta and Waynesboro Railroad, will leave the Augusta Depot at 6 o’clock, A. M. oct 25 J. N. Reeves, Agent. Premium Daguerroan Gallery.—The firm of Tucker A Perkins having begji dissolved by limitation last February .The un dersigned will continue to practice the art of Dag uorreotyping iu all its various branches, and from his long practical experience he feels confident of his ability to please the moat fastidious. The pictures now being taken at this Gallery are pronounced br those who are judges, superior in tone and life-like expression, to any ever before produced in Augusta. Isaac Tucker. N.B. Artists purchasing Stock, will please bear n mind that materials are sold at lower rates than t any other house this side of New York, may 14 Over Coats.—soo Over COATS, suita > ble for the season, for sale low by J. M. New"by & Co. oct 25 Under U. S. Hotel. The triumphant success of the great Arabian remedy for man and beast, H. G. Farrell’s celebrated Arabian Liniment, is causing counterfeits to spring up all over the coun try, spreading their baneful influence o er the lacd, robbing the pockets of the honest and un suspecting, by imposing upon them worthless and poisonous trash, for the genuine H. G Farrell's Arabian Liniment. Fellow Citizens! Look well before you buy, and sec that the label of the bot tle has the letters 11. G. before Farrell's, for if it has not, it is counterfeit. The label around each bottle of the genuine Liniment reads thus: “H. G. Farrell’s Colebrated Arabian Liniment;” and the signature of proprietor is written upon tho label also, and those words are blown in tho glass bottle, ”H. G. Farrell's Arabian Liniment, Peoria.” The daring boldness of tho recreant who would deceive the peoplo by imposing upon them worth less trash, for a really genuine and good medicine, thus not only cheating them out of their money, but that which is far dearer—their health—ought to be held up in scorn, and receive the contempt his dartardly spirit merits. Lot every one then who regards his own health, and wishes truth and honesty to triumph over deception and rascality , put his heel on all base impositions, and uphold that which is just and right. The genuine H. G. Farrell’s Arabian Liniment has proved itself to be the most remarkable medicine known for the cure of rheumat sm, neuralgia, pains, w'herever located, sprains, bruises, hardened lumps burns, wounds, corns, chronic sore and weak eyes, lame back, etc.; and is an effectual remedy for horses and cattle in the euro of sweony, distemper, lameness, dry shoul der, splint, wounds, etc., and will always stop the further progress of poll-evil, fistula, ringbone and blood spavin, if used in the beginning. Look out for Counterfeits. —The public are cau tioned against another counterfeit, which has late ly made its appearance, called W. B. Farrell’s Ara bian Liniment, the most dangerous of all the coun terfeits, because his having the name of FarroP, many will buy it in good faith, without the know - ledge that a counterfeit exists, and they will, per haps, only discover their orror when the spurious mixture has wrought its evil effects. The genuine article is manufactured only by H G. Farrell, sole inventor and proprietor, and whole sale druggist, No. 17 Main street, Peoria, Illinois* to whom all applications for Agencies must be ad dressed. Be sure you get it with tho letters H. G. before Farrell's, thus—H. G. FARRELL’S —and hissiguature on the wrapper, and all others are counterfeits. Sold by HAVILAND, RISLEY & CO.. Augusta, Ga., and by regularly authorized agents throughout the United States. Price 25 and 50 cents, and $1 per bottle. Agents Wanted in every town, village and hamlet in the United States, in which one is not already established. Address 11. G. Farrell as above, accompanied with good reference as to character, responsibility, Ac. d&c4 oct 26 JUST RECEIVED, a fresh assortment of Boy’s Cloth CAPS, various colors and styles; Boy's Plush CAPS, various colors and styles; do. fine Moleskin HATS, now styles; Misses’ Black Drab and White Bloomer HATS ; Gent’s Cloth and Plush CAPS, new styles; do. Julien and Opera HATS GEO. W. FERRY, noy 20 v Masonic Hall, Broad-st, j T H„ • -I to the public. The is n th< ir° f i l nforuiin K numerous 10 / tall6 *U»iiS? public, that he has opened the a \„ and assures his patrons that eve-v 6 Sa W J* paid to all who are disposed to f a t U T ion win*? patronage “ *>'f«or hi a „* > The choicest WINES Pp iv , j I’AGNE, and SEfIARS can CB.. ; p. s -free lunch b ,f. « a. «**• j nov26 J at H o'clock T,™ , UPHOLSTERY HE undersigned, thankful f n l to inform his fri/nd? i /p rpast i * ■ continue,’“tic™ ts bl “ of business, such as • rders in his i- - Ottomans, Chairs etc. Sofas > 8*!? Cotton and Hair with on i stresses, in v* Order, ££«■-« wj* or sent through the Post ° r ?’ Er 4-n promptest attention. UfilCe > h& T , Shop rear of W. tory, aboVe the V dtjanl G Fwni , JOHN cashlnT — — ENERAL COMMISSION MERriiia “Store, on consignment ar A ANt ' b« accommodating terms— C ’ and Wlll 8 e11,7 5 85 hhds. prime W. I Molasses; t J O ' 5? rto K *co and Muscovado <: in i°- W . estcrn Bac °n, Should??. b “ gsr ‘ 10 do. prime Baltimore Bacon 80 bags prime Rio Coffee • ’' da3 • 3o tierces new crop Rice 5 casks Cheeso; 293 bales prime Northern Hav 681 bbJs. fresh Thomaston L ?m a 50 do. Plaster Paris; ’ 50 do. Land Piaster. 05*“ Office on Reynold Stieet e* T.S. Metcalf’s new brick Fire Proof°wf l" * adjoining Messrs. Platt & Brother Wweho «M newgoodspeXexprY^-^ whicßftcj have j„,t received pcf Alexander’s and Bezion's best Kid White do. do , all sizes J Qloves ’ •»> Misses’ fine English Hose, ail sizes Loy s half Hose, a full assortment • \ ery large assortment Ladies fine Hose Ladies fine Merino Vests; S8 ’ Ladies’ fine Raw Silk do.;' Ladies' fine Silk do., verv Black Velvet Ribbons, all widths 1 ’ Rich Embroidered Muslin Collars • ime Embroidered Bands and FJouacinc \ ery fine Embroidored Sleeves amu?' ■ Rich Friuted Muslin DcS “ d Fine French Meiinos; Kich Plaid Calicoes. j .° Ahceoth a>T)lio>i K^i,I N7- -Ld 10 cases fine English Long Cloth 2 do. New York Mills • ’ 2 do. Old York Mills; ' 5 do. James’ Steam Mills: 3 do. Nino Twist; 5 do. Lonsdale; 5 do. Newberyport; 100 bales Striped Homespun ■ For sale cheap It' URd 4 4 BroWn Homes P M ~ gray bothers C CASES 12-4 Hamilton Sheeting; ~ tJ 5 do. 10-4 and 114 Alandale, ' J O, ] oi’ ] \ i ftnd 124 Auscutney ; o do. 10-4 IL4 and 12-4 Monnandoc. I or sale cheap at gray brothers. Blankets, kerseys and osnabijrFs 30 bales best 8-4, 9-4 and 10-4 heavy fll an £ vU do. very superior Osnabm-s;' 1 cases favorite brands Kerseys For sale by nov 26 GRAY BROTHERS. TRA V ELS AN p AD VENT V K ES.-Tn «¥ii Egypt and Palestine, by J. Thomas. Jr* 0 France and Swit * erl and, by Qwrp Journey to Ireland and Travels in Sweeden and Norway, by Ida Bfeiffer. Adventures in the Ozark Mountains of Missouri and Arkansas, by 11. R. Schoolcraft. , Cumining’s Travels in Africa. Nineveh and its Remains, by Layard' Australian Crusoes, or the Adventures of an English Setler and his Family, in the wilds of Aus tralia. F’or sale by DOV 26 THOS. RICHARDS A SON. Life of benjamin rosfkthavdev Historical Painter, from his Autobiography and Journals, edited by Toip Taylor, of the Inner Temple, Esq. History of Greece, by George Grole—vol. 2. Romantic Incidents in the Lives of the Quoew of England, by J. P. Smith. Charles Auchester, a Memorial. Ihe Monk s Revenge; or the Secret Eneniy-i Tale of the Later Crusades. Tho Gold Aeekors ; or the Cruise of the Lively Sally. The White Cruiser; or tho Fate of the Unheard . of. Count Chri3toval; or a Sequel to Lord Saxon dale. The Countess of Arnbeim; or Master Tenithej: Book Case. Ihe F’orgei Will; or Crime and Retribution. ' Edith s Legacy; or theLongwoodsof the Grange > The Countess de Charney; or the Fall of th* French Monarchy. Eor sale t>7 ■ pov26 TaOS RICHARDS A SON. f TACK ADAMS; or the Mutineer, by Captain Frederick Chaumier, R. N., author of the Spit } fire, Ac. i The Cabin and the Parlor, by J. Thornton RaU' , dolph. The London World of Fashion, for November. Graham’s Magazine for December. Just received and for rale at GEO. A, OATES A BRO’L nov26 Piano, Book A Music Store, Broad-st. Hunter’s celebrated sPECiric» decidedly the best remedy known for tie speedy and radical cure ol certain Diseases ap proved and recommended by the Royal Colls? 8 ■ I Physicians and Surgeons, London. Price, $lO P® doz., or $1 a s : ngle bottle. Packed carefully ab sent, free of charge, to any part of the country For sale by the Agents. N. J. FOGARTY & CO., Druggists nov 26 195 Broad-sU Augusta I~7VRESH CAMPHENE and BUP.NING FU ID —Having made arrangements to r® oßl ' fresh supply every week, our patrons may rey - obtaining a good article. . , . N. J. FOGARTY A Co. nov 26 195 Broad-st., under AugustaHo^ Medicine chests and SURGICAL IN STRUMENTS-—Medicine Chests, of aks-- from $2 to S2O; Surgical Instruments; Dissect Cases; Nursing Bottles, Ac. For sale low J N J. FOGARTI A CO, nov 26 195 Broad-st., under AugustaHc^ SHAVING MADE EASY.—A few cosesof*“' gers’ best RAZORS and Strops, nwt rect and for sale by N. J. FOGARTI A CO, nov 26 195 Broad-st., under Augus COMBS Shell, Ivory, Buffalo and Bor J?' i!i|tJ Cloth. Heir, Crumb, Flesh, Shaving. , Tooth BRUSHES, in great variety, at em • low prices. Call and examine them- . F N. J.FOGARTI AWL nov 26 195 Broad-st., under August* a Koh-i-noor tobacco.— The ing Tobacco in the world. A sin just received and for sale Ly . c 0 SCRANTON, n o vJ> - fat / \/ \ HALF boxes RAISINS, new crop v/yJ sa,c Ly .....ip a CO, „ ovM SCUNTON, FAN vy nessee Bacon : 3,000 lbs aD dfor sais con, hog round; 500 (#, b7 nov26 SCRASTON> THEORY of Christianity as aß °“ ?iste practical system, by W.S. Grap l ' £ en turi fi The Town of the Pale Faces, or ago, by J. P. Brace; Busy Moments of an Idle 'r oU sin A^' The Pet Bird, and other Stories, by Just received by TlTr ,Tr adds & nov 22 THOS. RICHARD^ NOTICE. c . IU N,f THE Copartnership of Charles this city, and Reuben °, C< , York, under the name and style of t 3lst lilt- LIN & Co., expired by limitation , gaffl e t #t ‘, CHARLES CATLIN will continue p ß it*j ness at the Old Stand, two do° r ® foufid * Statos Hotel, where ca “ 3^,1 selected Stock ot PIAbO , “ \lusic«I I® 0 . u VIOLINS; GUITARS, and o her meats, which will besdd on he CA jO terms. , Augusta, Nov. L iBo3. l< £. O lllt STtDENTS OF A* *disseoti®*, r LEGE—I have a lot ofsupem struments, selected for the b , CoUege of this city. aI HA!NbS, W&'