Below is the OCR text representation for this newspapers page.

Caiwtittttianalist K JUjrablit. . ■ lily - ■ |L§| liY JAMES GARDNER. OFFIGB ON McINTOSH-STREET, I3IW OAOR FROM THIS SO*TH-WIST CORNER OF BROAD-BT***F . TERMS: Daily in advance per annum $8 00 If not in advance per annum 7 00 Tri-Weekly, in advance . per annum 4 00 if not in advance......por annum 5 00 Weekly, in advance....per annum 2 00 (From the National Intelliwencer .] The Destruction of San Juan. The President ol the United States, in reply to resolutions heretofore adopted by both Houses, laid belore Congress yesterday a voluminous Correspondence from the State and Navy De partments conveying information in relation to the recent destruction of San Juan del Norte by the United States sloop of war Cyane. Not having obtained a copy of this correspon dence until a late hour last night, we are unable to publish it entire in this day's paper. We give, however, the material portion of it, the remain der being of less immediate consequence on ac countofthe matters to which it relates being al \ ready familiar to the public. The letters (defer red are — 1. A letter from Mr. Fabensto Mr. Marcy, - dated the 15th of May, 1854, in relation to the prolonging of a boat load of merchandise from the Accessory Transit Company and in regard to the differences between that company and the autboiities of San Juan as to the jurisdiction over the territory known as Point Arenas. 2. A letter from Mr. Fabensto Mr. Marcy, dated the 30th May, 1854, detailing the proceed ings of the people of San Juan towards Mr. Bor land, in consequence of bis interference to pre vent the arrest of Capt. Smith. 3. A letter from Mr. Borland to Mr. Marcy, dated the 30th May, 1854, describing the occur rences in which the former became involved at San Juan, and informing the Department that he had organized a company of American citi zens at that place to protect the persons and property of Americans. 4. A letter lrorn Mr. Fabens to Mr. Marcy, dated the 16th June, 1854, stating that he did not think that any suitable indemnity could be obtained by the Transit Company from the people of San Juan unless the Government should take possession of and hold the entire ter ritory of Mosquito. 5. A letter from Mr. Fabens to Mr. Marcy, dated the 15th July, 1854, stating that the peo ple ol San Juan had refused to accord any in demnity or apology, and giving the particulars of the destructions of their town. The same in formation is contained in Commander Hollin’s letter inserted below. ilfr. Marcy to Mr. Fabens. Department of State Washington, June 3, 1854. Sir: —l piesume an order will be sent out by the steamer which will leave New York on the who were employed by Mr. Borland for the pro tection of the life and property of American cit izens at that p'ace. One of our armed vessels will be ordered to visit San Juan. The conduct of tbe people there towards our citizens ha 3 at tracted the attention of this Government, and will not be passed unnoticed. The inhabitants of that place will be expected to make repara tion lor the wrongs and outrages they have com mitted. The case stated in your communica tion to this Department on the 15th ultimo pre sents a wrong which requires immediate repa id ration. As the pretended authorities of the town have volunteered to protect those who had stolen the property of the Accessory- Transit Company, when brought within the territories over which they assume to exercise authority, tbey will be held responsible to the amount thereof, and to make due reparation therefor.— You will lose no time in notifying them that this Government will require a restoration of or payment for the property taken to their town, and all damages sustained by their outrageous conduct in preventing the company from repos i .sing'it«e)f *>t it. iu otl.tr respects their con duct has been such towr rds our citizens as to re quire the interposition of this Government for obtaining redress, and it is expected the people at that place will be prepared to make it in a eatisfac'.ory manner. 1 snail communicate with you moie iuliy on this subject by the opport uni ty which will be afforded by the national ship about to be sent to San Juan. * i am, sir, respectfully, your obedient servant, kW. L. Marcy. Joseph W. Fabens, Esq., U. S. Commercial Agent at San Juan de icaragua. Mr. Marty to Mr. Fabens. Department of State, Washington, June 9, 1854. Sir: —Commander Hollins, of the United States Navy, will immediately proceed in a na tional ship to San Juan de Nicaragua, for the purpose in part indicated in the communication to you of the 3rd instant. The rum >r which has just reached here em barasses the Government in indicating the course which it will be proper for him to pursue on ar riving at that place. It is said that the pre tended political and civil authority at that place is dissolved. Should this prove to be true, there will b9.no .organized body upon which a demand for redrtfcs can be made, or from which a pioper indemnity tor injuries or insults can be received. But the individuals who have participated in -—infliction of the wrongs cannot escape from responsibilities resulting from the conduct of the laps political organization at that place. 'You were instructed in my former letter to notify the people of San Juan to repair the inju ry they have caused to the Accessory Transit Company by withholding from it the property which had been stolen and taken to San Juan, and by protecting the persons who were guilty of the felony. It is hoped thot the town will have adjusted that matter to the entire satisfac tion of the Company ; and in that way Com mander Hollins will be relieved from the dis agreeable necessity of taking any action in re gard to that subject. You will, on the arrival of Commander Hollins,explain to him what has been done in that matter. Mr7 Borland, eur Minister to Central Ameri ca, has represented to this Government that while recently at San Juan, he was insulted by the authorities or people of that place. An in dignity offered to the nation, as well as to hitn individually, cannot be permitted to pass unno ticed. If done by order of the authorities of the place, they must answer for it in their assumed political character. Nothing short of an apology lor the outrage will save the place from the in fliction that such an act justly merits. It is ex pected that the apology will be promptly made, and satisfactory assurances given to Commandei Hollins of future good conduct towards the Uni led States and public functionaries who may in future be at that place. If the outrage was committed by lawless indi viduals without the authority or connivance of the town, then it is clearly the duty of those who exercise the civil power at San Juan to inflict upon them exemplary punishment. The neg lect to bring them to justice is assuming, on the part ot the nominal magistrates there, the re sponsibility for the acts of these individuals. * In such a case not to punish is an implied sanction of the acts of the tiansgressors. It is hoped that HI the authorities will be prepared to satisfy Com mander Hollins that they have done what was incumbent on them In the way of bringing the offenders to punishment. You will confer lreeiy with Commander Hol lins and furnish him witb all the information you possess in relation to the condition of things at ban Juan. I am sir, respectfully, your obedient servant, W. L. Marcy. Joseph W. Fabens, Esq , U. S. Commercial Agent at San Juan del Norte. Instructions to Commander Hollins. Navy Department, June 10, 1854. gj R; The Government has recently received intelligence that the iutere.-ts of our countrymen require the presence of a national vessel at San Tjtoo or Grey tow n, and from your experience in that region, and confidence in your energy and prudence, and in pursuranceof the wishes of the President, the Department has concluded to direct that you proced with the Cyane to that nort so sewn as she can be fully ready for the The property of the American citizens inter ested in the Accessory Transit Company, it is Mid has been unlawfully detained by .persons re in Grey town. Apprehension is felt that hlrtber outrsg** will be committed Our Min is- ter, Mr. Borland, has been treated with rudeness and disrespect. You will, however, learn from Mr. Fabens, commercial agent at Greytown, more particular ly the conduct ot those people, and the views of our Government, which have been communica ted to him from the State Department. You will consult with him freely, and ascertain the true state of the facts. Now, it is very desirable that these people should be taught that the United States will not tolerate these outrages, and that they have the power and tbe determination to check them. It is, however, very much to be hoped that you can effect the purposes of your visit without a resort to violence and destruction of property and loss of life. The presence of your vessel will, no doubt, work much good. The Department re poses much in your prudence and good sense. Former despatches have acquainted you with the peculiar political position of this town, and of the relations of our Government to it. You will remain there no longer than you may deem necessary, as it is a warm and unhealthy climate. \ou will advise the Department of your move ments, and after leaving Greytown you will touch a Pensacola, and receive orders from Com modore Newton there, if not earlier, as you will constitute a part of his squadron. I am, respectfully, your ob’t servant, J. C. Dobbin. Commander George N. Hollins, Commanding United States ship Cyaue, New York. Commander Hollins to Mr. Fabens. U. S. Ship Cyane, Harbor of San Juan del Norte , July 11, 1854. Sir: I am directed by the Hon. J. C. Dobbin, Secretary of the Navy, by an order bearing date June 10, 1854, to communicate with you in re ference to the action taken by the people ol San Juan del Norte upon certain demands made upon them by the Government of the United States for outrages committed on the property of the Accessory Transit Company and the person of Mr. Borland, our Minister to Central America. Be pleased to inform me if the result of the de mand has been of such character as to accord with the purport of your instructions. I have the honor to be, sir. very respectfully, your most obedient servant, Geo. N. Hollins, Commander. Joseph W. Fabens, Esq., United States Commercial Agent. San Juan del Norte. Mr. Fabens to Commander Hollins. U. S. Commercial Agency, San Juan del Norte , July 12, 1854. Sir: I have the honor to acknowledge the re ceipt of your letter of yesterday. In leply I have to observe that, in accordance with instruc tions from the Department of State at Washing ton, bearing date June 3, 1854, I notified the people of San Juan del Norte that the United States Government would demand of them pay ment for the property feloniously taken by and with their countenance and consent from the Accessory Transit Company, and all damages suffered and to be suffered by the said company in consequence thereof. I further renewed the demand already made by the said company for outrages committed upon their property in March, 1853. To this notice and demand (copy of which I herewith annex, marked A) no offi cial reply has been given; but I have incidental ly learned that the people of the town have fully decided not to accede to any demands of the Transit Company or Government of the United States as reparation for wrongs by them commit ted. A second demand for satisfaction was made yesterday evening, (copy herewith annexed, marked B.) which is now in the hands of the people. I learn from the late acting Mayor that the demand for redress therein made will not be complied with. As regards .the insult offered to Mr. Borland, our Minister to Central fAmerica, I have to in form you that, so far from any apology having been offered by the town or its authorities, or steps having been taken to bring the perpetra tors thereof to justice, the chief actors and insti gators are now in undisputed possession of the town, its arms and ammunition, and they (the people of the town) are thus virtually counte nancing and approving the indignity to the pre sent moment. I am, sir, very respectfully, your ob’fc. serv’t., Joseph W. Fabens. Geo. Hollins, Com’r U. S. ship Cyane, in harbor of San Juan. | (A.) Commercial Agency of U. S. America San Juan del Norte , Nicaragua. June 24, ’54. Tolhott now or lately pretending to and exercising authority in San Juan del Norte , Gentlemen : I am instructed by the Govern ment of the United States at Washington to noti fy you that the said Government will require of the pretended authorities “of the town of San Juan del Norte restoration of or payment for the property brought within the territories over which they assume to exercise authority,” as set forth in the protest of Mr. Scott, general agent of the Accessory Transit Company, dated May 12, 1854, “and .all damages sustained by their outrageous conduct in preventing the said com pany from repossessing itself of it.” I do therefore hereby demand of you immediate restoration of the aforesaid property. I am not prepared to put an estimate upon it at this mo ment, or to name the amount of damages suffer ed by the Transit Company in consequence of your outrageous conduct towards their agent and employees while endeavoring to retake possession of the same, and upon subsequent occasions con nected therewith. It is expected that for this, as well as for their conduct in other respects towards American citizens, the people of the town will be prepared to afford redress in a sat s factory manner. There is likewise an outstand ing claim of the Accessory Transit Company versus the acting authorities of San Juan del Norte for the sum of SB,OOO, as a remuneration for the loss sustained by the company in conse quence ot the destruction of their budding on Point Arenas, in the month of March, 1853, by thesaid acting authorites, which claim was duly presented by Abraham Banker, agent of said company, on the 25th of June, 1853. I am, gentlemen, your obedient servant, Joseph W. Fabens, United States Commercial Agent. (B.) —Commercial Agency, U. S. of America, Sun Juan del Norte, Nicaragua, July , 12, ’54. To those now or lately pretending to and exercising authority in and to the people of San Juan dc Norte. t Gentlemen: On the 24th ultimo, in accor dance witb the instructions of the Government of the United States of America, I notified you that the said Government would require of you immediate reparation for the property belonging to the Accessory Transit Company, which was stolen from the said company and received by you, as specified in my letter of that date, as welt as for all damages suffered by their agents and employees while endeavoring to repossess them selves of the same. 1 have now, acting in con cert with Commander Hollins, of the United States ship Cyane, at present in this harbor, to demand of you immediate payment of the sum of sixteen thousand dollars, which has been adjudg ed to be the proper sum for you to pay for the said property and the gross outrages perpetr ted by you upon the persons of' American citizens, as set forth in protests of Mr. Scott of the 12th May last, copies of which have already been served upon you. There is likewise a claim of the Accessory Transit Company versus the acting authorities of San J uan del Norte for the sum of eight thous and dollars, as specified in my letter to you of the 24th ultimo. This you will be likewise expec ted to pay forthwith. For tbe indignity offered to the United States of America in the conduct of the authorities and people of this town towards their Minister, Mr. Borland, while recently in this place, nothing short ot an apology, promptly made, and satisfac tory assurances given to Commander Hollins of j future good behavior on the part of the said au thorities and people towards the United States and her public functionaries who may in future j be here, will save the place from the infliction which its late acts justly merit. Your obedient servant, Josefh W. Fabens, j United States Commercial Agent. Commander Hollins to Mr. Fabens. United Statfs Ship Cyane, ) Harbor of San Juan del Norie July 12, ’54. J Sir l have tae honor to acknowledge the receipt of your communication of this date, in reference to the unsuccessful result of the de mands of the Government of the United States upon the town of San Juan del Norte. It is with deep regret I find myself compelled, in obedience to my orders, to make use of the force at my command for the purpose of enforc ing the demand of our Government, and obtain ing that reparation so justly due for the outrages j gpmi&itted. Enclosed I have prepared a proclamation, set ting forth my determination and the course I shail pursue, which will be posted in the public places ol the town you may designate as proper. Any assistance you may require for the pur pose of removing the archives of the commercial agency, &c., will be furnished at your request. I have the honor to be, sir, very respectfully, your obedient servant, Geo. N. Hollins, Commander. Joseph \V. Fabens, Esq , United States Commercial Agent, San Juan. PROCLAMATION. To all men to whom these presents shall come , or to whom they may concern , greeting: Know ye, that whereas certain gross outrages have at sundry times been perpetrated by the “authorities” (socalled) and people of San Juan del Norte upon the persons and property of Ame rican citizens at that place and vicinity; and whereas a serious insult and indignity has been offered to the United States in the conduct of the said authorities and people towards Mr. Borland, United States Minister to Central America, for which outrage and insult no indemnity has been given and no satisfactory reply returned to de mands already made : Now, theiefore, I, George N. Hollins, com mander of the United States sloop of war Cyane, by virtue of my instructions from the United States Government at Washington, do hereby solemnly proclaim and declare that if the de mands for satisfaction in the matfeis above named, specified in the letter of Mr. Fabens, U. States Commercial Agent, dated 11th instant, are not forthwith complied with, I shall, at 9 o’clock A. M.of to-moriow, 13th instant proceed to bombard the town of San Juan del Norte aforesaid, to the end that the rights ol our coun try and citizens may be vindicated, and as a guar antee for future protection. George N. Hollins, Commander. U. S. Ship Cyane, Harbor of San Juan del Norte, Nicaragua, 9 A. M., July 12, 1854. Commander Hollins to Mr. Dobbin. United States Ship “Cyane,” (at anchor.) 1 Harbor of San Juan del Norte, > Nicaragua , July 16, 1854. ) Sir : I have the honor to report my arrival at this porte on the 11th instant, after a tedious pas sage of twenty-two days. On the 28th ultimo, when off the “Bermudas,” the “small-pox,” in its most virulrnt form made its appera.ice on board in the person of one of the crew, who is now in a precarious condition. The usual measures have been taken to prevent, if possible, the extension of the disease, which I hope may prove success ful. Immediately on my arrival 1 communicated with Mr Joseph W. Fabens, the representative ot the United States at this place, and delivered into his hands the despatch forwarded through me from the Hon. W. L. Marcy, Secretary of the Department of State, of which I had been honored with a copy. After due consulation with Mr. Fabens, I learned the demand by him, made by order of the State Department upon the town of San Juan, had not only been treated with contempt, but threats of future violence toward American citizens and property were publicly made, if an opportunity should offer. After due deliberation, it was thought expedient to make a final demand upon the inhabitants for an indemnity for injuries sustainad by the citi zens ot the United States, and tor an apology of a satisfactory character tor the insult recently given to Mr. Borland, our Minister to Central America. In accordance with this decision, Mr. Fabens was directed to communicate with the agents of the Transit Co npany, and determine upon the amount of indemnity commensurate with their losses; and the sum of sixteen thousand dollars was agreed upon as the smallest sum admissible under the circumstances, which, wtih a previous demand already made of eight thousand, made the sum total of twenty-four thousand dollars. From my knowledge of the injuries, &c. sustained, and the future detriment to the company, &c., this seemed to be no more than just; and I diiected Mr. Fabens to make a last appeal to the people ot San Juan before decisive measures were taken. This was done on the afternoon of the 11th inst., as will beVen in his communication dated the 12th instant* with its contents, in answer to mine of the day^preceding. As the result of entirely un satisfactory, in my answer to Mr. Fabens to his communication I enclosed him acopy of a procla mation to the people of the town, which was posted in the most public places and perused by all. Shortly after, on the morning of the 12th, as an earnest of my intentions as set forth in the proclamation, at the request of Mr. Fabens, a guard of marines and seamen, under the com mand of Lieuts. Pickering and Fauntleroy, were ordered on shore to secure the arms and ammunition, as an evident disposition was exist ing among the people to make an improper use of them, and also to assist and protect Mr. Fabens and others in the removal ot their property. This duty was quickly [>erformed by the offi cers of the command, and the arms, &c. deposited on Point Arenas, in charge of the agent of the Transit Company, to await future disposition. At the same time foreigners generally, and those* favorable to the U. Stated, were notified that a steamer would be in readiness on the morningof the day of the bombardment to convey such as were disposed to a place of safety. Commander and Lieut. Jolly,of her Britannic Majesty’s schooner Bermuda, at anchor in this habor was also notified by me in person of my intentions on the morrow, ar d a tender of assis tance wes made to him for the purpose of remov ing any property or persons of Great Britain. This offer was met by his communication and responded to as in my letter. Agreeably to promise, a steamer was sent to the town at daylight on the morning of the 13th, to assist such as weie disposed to take advantage of the opportanity. A few only accepted the proffered assistance, and were conveyed to Point Aienas; the majority of the inhabitants, either from fright or a wish to set at defiance the threats made against the town, had left, or were willing to remain and risk the consequences. I had hoped the show of determination on the part of the ship would, at this stage of the proceedings, have brought about a satisfactory adjustment of the differences in queston, but a total disregard aud contempt toward the Government of the United States determined me to execute my threats to the letter. At 9a. m. on the morning of the 13th last., our batteries were opened on the town with shot and shells for three quarters of an hour, followed by an intermission of the same time, when they were opened again for halt an hour, followed by a second intermission of three hours. At the expiration of this inteival the firing was recom menced, and continued for twenty minutes, when the bombardment ceased. The object of these several intervals in the bombyadment was that an opportunity to treat and satisfactorily arrange matters might be lurnished the inhabitants of the town. No advantage was taken of the consid eration shown them, and at 4 o’clock P. M. a command under Lieuts. Pickering and Faunt leroy was sent on shore with ordeis to complete the destruction of the town by fire. The property of Mr. De Bar well, a French man was directed to the exempted from destruc tion, if possible, as I had learned he had protest ed, and held himself aloof, as far as possible, against any co-operation with the town’s peo ple or pretended authorities of San Juan. The town was thus destroyed, or the greater part, in the short space of two hours. No lives were lost, although an attack was made by an armed party on the command of Lieuts. Pick ering and Fauntieroy, but on the volley being returned the attacking puty fled. The shots were returned more for the purpose of frighten ing than destroying life and had the desired ef fect. The execution done by our shot and shells amounted to the almost total destruction ol the buildings ; but it was thought best to make the punishment of such a character as to inculcate a lesson never to be forgotten by those who have for so long a time set at defiance all warn ings, and satisfy the whole world that the Uni ted States have the power and the determination to enforce that reparation and respect due them as a Government, in whatever quarter the out rage may be committed. The royal mail packet “ Dee” arrived in the harbor during the conflagration of the town, but left immediately, taking with her in tow her Britannic Majesty’s schooner “Bermuda thus leaving the English subjects referred to in the communication ot Commam er Jolley without any assistance, should it be required. No com munication from Commander Jolley, of the “ Bermuda,” was made with the “ Cyane” pri or to his departure; but lam informed he car ied with him a number ot the principal par ticipators in th# outrages that htv® boen com mitted by the town of San Juan, and among them the former Mayor, a Mr. Martin. ******* I have the honor to be, sir, very respectfully, &c., your most obedient servant, Geo. N. Hoixins, Commander. Hon. J. C. Dobbin. Secretaiy of the Navy, Washington, D. C. Lieut. Jolley, British Navy, Jo Com. Hollins. H. M. S. Bermuda, Greytown, Mosquito, July 12, 1854. Sir : After due deliberation upon the commu nication which I this morning had the honor to receive from you alongside her Majesty’s schooner under my commrnd, I consider it my duty to enter my most solemn protest against the course you then intimated to me that you intended to pursue towards the city of Grey town. The inhabitants of tins city, as well as the houses and property, are entirely defenceless and quiet at your mercy. Ido therefore notify you that such an act will be without precedent among civilized nations; and I beg to call your attention to the fact that a large amount of pro perty of British subjects, as well as others, which it is my duty to protect, will be destroy ed ; but the force under my command is so total ly inadequate lor this protection against the Cyane, I can only enter this my protest. I have the honor to be, sir, your obedient serv’t. W. D. Jolley, Commander Hollins, United States ship-of-war Cyane. Reply of Commander Hollins. United States Ship Cyane (at anchor.) San Juan, del Norte. Nicaragua, July 12,1854. Sir : I have the honor to acknowledge the re ceipt of your communication of this date, and sincerely regret you should feel yourself neces sitated to protest against the action lam about to take in relation to the city of San Juan del Norte. The people of San Juan del Norte have seen fit o commit outrages upon the propity and per-ons of citizens of the United States after a manner only to be regarded as piratical, and 1 am directed to enforce that reparation demand ed by my Government. Be assured I sympa thize with yourself in the risk of English sub jects and property under the circumstances, and regret exceedingly the force under your com mand is not doubly equal to that of the “ Cy ane.” Geo. N. Hollins, Commander. W. D. Jolley, Lieut, and Com. H. B. M. S. Bermuda. [From the Sumpter, (Ga.) News, 2d inst] Minutes of Points Decided By the Supreme Court of Georgia at Amerius July Term, 1854. 10. Jim, (aslave,) vs. The State—from Lee* 1. the Supreme Court, in reviewing the decis ion of The Superior Court refusing a motion for a continuance, will look in the whole evidence to see if justice has been done to the prisoner, and will not control the exercise of the direction of the Court below, except in cases of flagrant abuse. 2. The confessions of a slave made to a white person are admissible in evidence against him, if not extorted by threats or promises, even though he be under arrest and tied at the time. 3. Homicide by a slave, of a white person, may be justifiable, where its strictly in self de fence, ot life or limb, where there is no chance of escape, and where the killing of a white man is absolutely necessary to preserve his own life or i limb. 4 The formation and expression of an opinion ■ by a Juror, while it is prim a facia evidence of a • bias, may be explained by other evidence, and i whan satisfactorily explained, is not ground for f a new trial. i Morgan & Hill, lor Pl’ff: Sol. Gen. Lyon for s Deft. i 11. Snelling, Adtn’r. vs. Dorrell—from Stew 1 art. 1. Where a motion is made for a new tri i al, and a brief of the evidence is entered on the l minutes of the Court, though not agreed upon i by the counsel, nor endorsed with the approval . of the Court—Held that the signature of the , minutes of tbs Court by the Judge, after exami s nation by him, is a sufficient compliance with > the rule. Tucker & Holt for Pl’ff; S. Jones & Gauld ing, lor Deft. i 12. Peterson and other vs. Brooking et. al from Randolph. 1. In a motion for a new trial, i a brief (evidence w*as agreed upon by the counsel in writing, and this agreement entered , on the minutes. There was no entry of “filed in office” by the Clerk, hoe was there any evidence that it was actually field in office—Held that this was not a sufficient compliance with the 61st , Common Law Rule 2. The entry by the clerk of “filed in office,” is not the only proof of the fact of filing. Oth er evidence may estiblish the same fact, i S. Jones for Pfff • H. Holt & L. Warren for Deft. 13. Leves and another vs. The Adm'rs. of Scott—from Baker. 1. Where the record shows that both of the Plaintiffs in Error are dead, and without legal representatives, and were so at the i* time that the writ of error was sued out, the writ of error will be dismissed on motion. Rockwell, represented by Cobb, for the mo i tion, S. Jones contra. 15. Sheffield vs. The State—from Marion.— 1. Where triors are demanded, testimony should be introduced before them, and the issue proceed just in the same manner as the ordinary trial be toiea Jury Such is the better practice. 2. The section of the Penal Code in reference to the offence of aiding a prisoner to escape from custody, is applicable to a white person who aids a slave in custody to escape. 3. This offence differs from a rescue chiefly in this, that the element of force enters largely into the latter offence. 4. If parties aid a prisoner to escape, and af ter the escape he is overtaken, and then rescued by force, the former offence is not merged in the latter- Tucker and E. R. Brown for Pl’ff: S. Hall for Def’t. 16. Philips vs. The State, ex rel., <s-<?., from Dougherty. 1. Where a fi. fa., is levied on property in the possession of the defendant on fi. fa., to which a claim is interposed, the claim ant is not entitled as of right to the possession ot the property, upon giving a forthcoming bond. Scarborough and Strozer for Pfff; L. Warren for Deft. 17. Porter vs. McCollum and another, from j Dougherty. 1. A promissory note, under seal, and payable to bearer, is transferrable by de livery and without endorsement. L. Warren for Pfff; Strozer for Deft. 18. Royell vs Lisle and others, from' Marion. 1. Actual possession of a very small part of a lot ot land, without color of paper title, and the oc casional cutting of timbers off the balance of the lot, is not adverse possession of the land not ac- ! tually possessed, 2. Possessio pedis, without paper title, as a general rule, does not by construction give pos session beyond the limits of the actual posses sion. There are exceptions to this rule, but the mere cutting of timbers for house logs, and the ranging of cattle on the lot, is notone of these exceptions. Tucker for Pfff. S. Jones for Deft. 19. Burke and another vs Sackett, Davis & ■ Potter, from Stewart. 1. Where a bail bond; omits a material condition beneficial to the bail j or sureties, the bond is void. 5. Jones & B. K. Harrison for Pfff; no appear ance for Defendant. 20.. Cook vs. Walker, et al , from Harris.— 1. : A marriage contract, by which the property ot the wife is conveyed to Trustees, for the sole and separate use of the wife, giving her power to take and appropriate the rents, issues, and pro fits, in any way whatever, and with power to sell, give or will away the same, in any manner she may see proper, with limitations over in the event of her failure to do so—Held that the wife took an equitable estate in fee, and the limita tio.is over were void, being an attempt to limit a fee upon a fee. 2. A supplemental bill may be granted during vacation. 3. A defendant in equity should not be carried out of the county of his residence, and of the pen dency of the suit, for the purpose of answering interrogatories filed for him. 4. The Superior Courts of Georgia, under the i act of 1799, have general chancery jurisdiction I in all cases where the remedy at lavv inade- J R u ® te * fnCumiJL 1 Ramsey it S. Jones for Pfff; Doisgx)S <fc SOL' Deft’ts. 4 dfersalebv 21. Bivins vs. Bond and others, from y erty. 1. A successful drawer in the land may convey his title to the land drawn the grant ipuee. 2. The doctrine of estoppel by deed, applies to feoffment, fine and recovery, and such other public modes of conveyance as carries notice to all the world. A deed of bargain and sale en robed stands upon the same footing. 3. In all conveyances of land ol what nature soever, where there is a covenant of warranty of < title, the Courts, to avoid circuity of actian, will ! estop the granter and his heirs from recovering the lands, they being liable upon the warran ty. McCay & Sullivan for Plaintiff: R. Lyon St Hines for De’ft. 22. Tarver vs. McKay, from Baker. 1. Where the sole witness in a cause to a material point, and upon whose testimony the verdict was found, was mistaken in his testimony, and thereby innocently did great injustice to the op posite party, a Court of Equity will grant a new' trial, provided the party has been guilty of no laches, and no opportunity was had to move for a new trial, after the discovery of the mistake. Morgan for Plaintiff; Lyon & Hines lor Det’t. 23. McLendon, Administrator vs. Hooks, from Dougherty. 1. The insolvency of a party to con stitute a ground for equitable set off, must be dis linctly charged, and not hypothetically. Lyon for PPff; Strozer & Hines tor Deft. 24. Thomas Spence vs. The State—from Lee. 1. If the Jury, by consent of both parties, are al lowed to disperse for a.short time, and the Jury fail to appear at the appointed hour, the Court may declare a new trial oa account ol the ab sence of any one of the Jurors. Strozer & Hawkins for PPff; R. F. Lyon for DePt. 25. Daniel J. Brewton vs. Wooten— from Decatur. 1. A release fr >m the ward to his guardian, on his arrival of age, is not binding on him, unless the guardian can show an ad equate consideration for said release. T. C. Sullivan for PPf ; H. K. McCoy for DePt. 26. Joel Butler vs. W. W. Livingston—from Sumter. 1. Defendant is allowed to prove the wealth of the father-in-law’ on a question of gift or loan. 2. Where the verdict is against the weight of evidence, a new trial will be awarded. 3. Where admissions of a party are proven, it ! is error in the Court to charge *he Jury that j they are evidence against the party making the admissions, it made with a knowledge of all the I facts, and his rights growjng out of those facts. J. J. Scarboraugh & W. A. Hawkins for PPff; E. R. Brown & H. K. McCoy for DePt. 27. Keaton & Howard vs. The Governor, &c., ! for the use of John T. Smith—from Baker. 1. | The rule in England that on an escape on final process, the Sheriff is liable, unless the escape j was caused by the act of God or the king’s ene ! mies, does uot exist in the State of Georgia. 2. The Sheriff alone is responsible for an es cape permitted by his Jailor, and sueable in an | action on the case for said escape. , 3. If the escape was negligent, the Sheriff is 1 permitted in mitigation ol damages to prove the defendant’s insolvency. 4. But if the escape was voluntary, then the Sheriff is responsible absolutely for the whole debt. R. K. Hines & R. H. Clark for Pl’ffs: B. Hill & S. T. Bailey for DePt. The Weather —Two Fatal Cases of Sun , I Stroke. —The weather continues intensely hot. At two o’clock yesterday afternoon, the mercu ! ry iu our Reading Room rose to 9-6, and we un derstand, it attained a still greater height in some other places in town. Yesterday may, there j fore, be set down not only as the hottest day of the season, but as the hottest day for ten years. We heard of half a dozen cases ot prostration by heat, two of which, we regret to say, proved fatal, to wit: Mr. George Alexander, who kept a grocery and provision store at the corner of Hull and Congress streets, and a deaf and dumb mulatto man known about town as “Dummy.” i Mr. Alexander was attacked between 3 and 4 o’clock in the afteriuon, and died about 9 last evening. He was a Scotchman by birth—was unmarried, and about foity-five years old.— I “.Dummy” was struck while riding in the sun, and died before assistance could reach him.— It was rumored last evening that another case ! had proved fatal—that of an Irish laborer who was taken to the Hospital—but we were unable to ascertain the truth ot the report. Some of i the cases of fainting which occurred, were as j much the result of liquor, it is said, as of the sun —a fact which should admonish topers to abstrain from drink, at .least for a time.— Sav. Rep , 4th inst j j (Telegraphedfor the Baltimore Patriot.) New York, Aug. 2 Later from Haoana * The steamer Black Warrior, rom Havana, i whence she sailed on the 28th ult., arrived this ; morning, bringing 87 passengers. The yellow fever had considerably abated, though tnere were a good many cases and deaths among the shipping and unacclimated. Tne Captain General presided at a bull fight on the 23d ult., for the benefit of the Beneficen in, or work-house. There were two fires on the 23d ult. One outside the walls, which destroyed fifteen or six | teen houses, the other near the Bullen Barracks, which inflicted trifling injury. I The British sloop of war Espeigle, it is antic | ipated, will be at Havana again soon to take her ! prize, the Grey Eagle, slaver, which the Mixed j Commission has awarded to her, to Jamaica. The 24th was Queen Christiana’s birth day, and royal salutes were fired at three different pe [ riods through the day. The 25th was the feast j Jay of St. lago, the Patron Saint ot Spain. Sa lutes were also fired on it three times in the course of the day. The Spanish mail steamship brought to Ha vana some 350 soldiers to join the army of Cu- I ba; the remainder are understood to have em barked, and will consequently soon anive. His Excellency the Captain General has ob | tained from the Queen permission to take up a public subscription, with which to erect a mon ument in Havana to the memory of Christopher | Columbus, beneath which the ashes of Columbus, I which now repose in the Cathedral Church, are to be placed. | Nkw York, Aug. 2 .—Fatal Affray at a Hotel. —An affray with Bowie knives took place last night at the Saint Nicholas Hotel, between Dr. Graham, a Southerner, and a Californian named j Lawrie. The rencontre resulted iu the death of the Californian, he having lingered but an hour. Both gentlemen have families, who were boar ding at the hotel. I SECOND DESPATCH. | New York, Aug. 2.—The murder at the St. i Nicholas Hotel was committed by Dr. R. M. J Graham, of New Orleans. Col. Loring of Cali fornia, was his victim. The former was diunk and making a noi?e in one of the corridors. Mr. Loring requested him to desist as it annoyed his wile. Dr. Graham continued his conduct, when Col. Loring came out and requested him to desist the second time. Dr. Graham turned upon him, drew his sword from his cane, and plunged it in ; to him, and he died almost instantly, j An inquest was held this evening on the body of Col. Loring, and one of the hotel servants who witnessed the affair testified that the deceased struck the prisoner, when the latter raised his cane, and the deceased seized it. The sheathe came off and the prisoner ran the sword into him. The coronei’s jury in the case of Loring re turned a verdict that he came to his death by a I wound inflicted on his person by means of a ! sword cane in the hands of Robert M. Graham. Graham was committed to await the action of the grand jury. Washington, Aug. 2. Washington Affairs. — The Reciprocity Treaty was ratified to-day by a ; vote of 32 to 11. Two Indian treaties were also ratified. Several confirmations were made, in cluding a batch of New York postmasters. The 1 entire soft portion, or those supposed to be tain- j ted ia that w*ay, was reserved tor future consid- ! eration. It has been decided not to try the nomination of Sanders again, as Consul to Loudon. A new man will be proposed to-morrow. The Senate is nearly ready to close up coolly. The House is hurrying up business to avoid con fusion during'the last day. Doubt is still felt in regard to the appropriation asked for by the Pres ident. Those generally best informed think that the proposition wilt fail. Washington, Aug. 2.— lmportant from Spain. —lmportant despatches have been received at the StatejDepartraent from Mr. Buchanan,Minis ter to England, reporting Spanish revo lution has been entirely successful. Tne Queen left Madrid a fugitive, and it is said has gone to Paris. The insurgents were everywhere victo rious.*** “fe Aug. 2. —Abolition Rampant. —A din 6fßoxbury has brought suit against , ivm *nd Uae Uniteu States Marshal, ; ' m n - tained during '«es laid are ’ ( AUGUSTA, GA. SUNDAY MORNING, AUG. 6, 1854. Northern Female Seminaries. Southern Parents and Guardians, who send their daughters and wards to Northern Semina ries to be educated, and to receive 11 the finish ing touch,'’ cannot be too particular in their in quiries as to the influences under which they are to be placed. Abolitionism is not confined to the Northern Colleges for the education of young men. It has obtruded itself into the French Sem inaries, and “strong minded women,” of the Harriet Beecher Stowe stripe, as well as canting hypocrites, of the male gender, there impart to youthful minds their uwn distorted views of the institution of slavery. The warning has been given throughout the South that Yale College is no longer a fit resort for the Southern student who desires to cherish an attachment for his na tive home, and the customs of his Fathers. To this may be added a long catalogue ol institu tions, where hatted of the South and a desire to bring her into discredit, in the estimation ol the Christian world, is the predominant sentiment. How deeply this spirit is shared by those who preside over and shape the prejudices of North ern Female Seminaries, may be inferred irom the following programme of the fourth of July exercises at Mount Holyoke Seminary at South Hadley, Mass. We copy from a recent number of the Sew York Daily Times , the principal editor of which is Henry J. Raymond, formerly one of the edi tors of the N. Y. Courier 4 Enquirer , the lead ing Whig paper of New York. We invite attention, especially, to the conclu ding comments of the editor. Truly such pub lications ought to injure Northern Seminaries with “ our brethren and sisters of the South Jolly Mourning in a Female Seminary A correspondent at South Hadley, Mass., writes us how the girls of the Mount Holyoke Seminary spent the gloriously hot Fourth of this hottest of Julys. They have never, says he, but once before cele brated the day here, except as some unusually pat riotic young ladies have at times stolen pumpkin vines and rusty tin pans, and with them and a great noise gone into the woods to honor their Nation’s Birthday. Once, President Humphreys was there, and they had the thing done up in style, with speeches, toasts, and a dinner, after the approved fashion. This time they went through the usual routine of study in the morning. But to show that they are not otherwise than wide awake to politi cal history, they shrouded the house with crapo, in memory of the passage of the Nebraska bill. All the halls, the lamps, the doors, were draped in black. Even the lront of the building mourned with festoons of black cambric. Crape was wreath od around the pillars of the Seminary Hall. A pall covered the piano, and the teachers’ desks and the windows were all shrouded. Two black ban | nershung on two sides of the room, with the mot i toes, “ Liberty died May 20, 1854,” and “ Down fall of Liberty .” Every blind of the building was tightly closed through the day. The effect upon thoso who were Eot let into the secrot, when they first entered the Hall, was quite startling. At six o’clock tho toachers were formally invited to at tend a mass meeting under the trees in the Semi nary grounds. The principal, appointed president of the mooting, was soatod under a canopy lined with black, and in front ot a platform for the speak ers. (Tho toachers were entirely ignorant of the whole affair, but they did not hesitate to attend.) Tho exercises commenced with the reading of let ters from distinguished personages who were una ble to attend, President Pierce, Geo. Sumner, and Mrs. Partington. Then followed speeches from the young ladios, laboriously prepared toasts, and sing ing. Ono young lady personated Miss Lucy Stone: one an old soldier ot the Revolution. The old soldier's bead was bound up in a silk handker chief, and dignified by spectacles. He limped up on the stage by the help of a cane. There were many more fine toasts and speeches “ Music by the band,” was not omitted in the performances. Twelve young ladies were adorned with caps of white paper, bound with black, with “Freedom ’ inscribed upon the front. Their instruments were various—a small aocordeon, a penny whistle, a mouth-organ, two tin pot-lids and various other implements for the utterance of tender melodies. The meeting continued an hour, and was closed by a parting song, when a procession was formed, which marched round the grounds and in front of the Seminary, to the musio of the band From the account we have received, we suspect the time was a good ono, and should not object on the next occasion to being invited ouiselves to per sonate the grandson of an old Revolutionary sol dier. We have delayed publishing this affair thus long, for fear of injuring our Northern Seminaries with our brethren and sisters of the South. But wo have consulted several distinguished friends ot universal education who have travelled in Rich mond, and also in South Carolina. They think that no harm will come of it, if we hide it in some corner of tho paper, and make a modest little head lino. We have cared for the head line—may the foreman properly regard our interest in the other matter. Augusta, Atlanta and Nashville Telegraph Company. We publish below a communication from the President of this company, contradicting a ru mor in circulation, that the superintendent of the line has resigned. We are gratified to learn, that the work is progressing rapidly, end that the wire is up to Murfreesboro, in Tennessee, and that a connexion with Shelbyville will be form ed in a day or two. When the wires reach Nash ville, Augusta will be in connexion with New Orleans, by this line, which must prove of great advantage to our merchants, and the public in general. When the connexion is made, we hope the associated press will remove the agency to this city, as it will not only prove a great con venience to the Southern press, but w’ill materi ally curtail the expenses. Nashville, Aug. 2, 1854. Dear Sir: A report has reached here that Mr. DeGrove, Superintendent of this Company, has resigned his situation. Such rumors aie calculated to do us an injury and are no doubt gotten up by some malicious . j person for that purpose. . | Mr. DeGrove has been working on this end ot ' I the line for some time, and could not be in your city as offc-n as he desired, s ! You will confer a favor by contradicting so un t | founded a rumor. We are now working to Mur k j freesboro, and will be in connexion with Shel ’ | byvilie in a day or two. I hope to be in Augusta shortly. Accept the r j kind regards of • ► ! Yours, truly, C. H. Baker. Silver in Warren County. i | We have before us a letter from a gentleman . ; now residing in Alabama, in which he states ! tbat about forty years ago, his father, living at ‘ I that time in Warren county, about thirty-five miles frotn Augusta, in erecting a mill on one of the branches ol Brier Creek, discovered in a ! species of slate rock, particles resembling metal. ! t-be particles were abundant in a particular , locality, he thought there might be a vein of sil , ver there, and intended to have it tested. He did ! do so, however, and it has so remained until ! recently, when the discoveries of metals in va- I rious parts of toe State, induced one of his heirs to have the rock tested by a competent who gave, as his opinion, that the rock contains silver in sufficient quantities to be valuable. It is the iutention of the present proprietors to have it thoroughly explored as soon as possible. The Terrel Professorship. Our correspondent “Publius,” announces the interesting fact that Dr. Terrel of Hancock, has made a donation of twenty thousand dollars to Franklin College, for the establishment of a Professorship of Agricultural Chemistry. This is an enlightened and noble munificence for which all honor is due Doctor Terrel. It is a just compliment he thus pays to the ennobling pursuit, Agriculture, of which the liberal donor is so shining an ornament. We predict most valuable results to the State from this new Pro- j fanonhip, | i Hon. Howell Cobb.— Alluding to the state ment going the rounds of the pape"- that Hon. Howell Cobb will be a candidate ...r Congress at the next election fiom his old district which is now represented by the Hon. Junior Hillyer, the Athens Watchman says : We have heard no intimation here, where he resides, of the distinguished gentleman’s deter mination to become a candidate for Congress in this district. One thing, however, we consider as well settled, viz: that Judge Hillyer’s friends will scarcely be willing to see the Judge uncere moniously pushed aside to make room for Mr. Cobb. Trourle in Tattnall. — I’he Columbug i says: Charles B. Hall & Co. have recently re corded, in Tattnall county, certain grants pro cured from the State of Georgia in 1755, and which cover nearly all the land in the county. A meeting of citizens was held on the 3d July last, in which they resolved that they will “ resist to the last extremity,” with the setting up and establishing these claims, which they pronounce stale and fraudulent. The ground upon which the citizens of Tatt nall defend these violent resolves is, that this company and others have, for many years, con cealed their title, whilst the citizens of the coun ty, in ignorance of these fraudulent claims, have obtained grants trom the State of Georgia, which are younger than these fraudulent grants. We presume that the adverse possession of the citi zens of Tattnall for over 7 years, will defeat any claim Hall & Co. may have to the lands. A New Steamboat for Savannah River.— The Savannah Republican of the 4th inst., says. The boat which we mentioned a short time since as building at Brunswick for the Savannah river trade, arrived here last evening. She is owned by the same parties as the Fashion and will take her place in the line immediately. The time of her arrival, after sun-set, prevented our reporter from visiting her, and when he did go, late in the evening, he could not find any person to tell h im the name of the boat or the captain. The boat above alluded to was purchased in Brunswick, by the enterprising proprietors cf the “Fashion” line, Messrs. Moore & Philpot, and is intended to run between this city and Savannah in connexion with the steamer Fashion. She has not as yet received her name, but will be christened on her arrival at our wharves. Disgraceful. Oae of the most disgraceful acts that has oc cuired in our city for some time past, was per petrated on Wednesday last, in the spiking of one of the brass field pieces beloirging to the State, and at present in the custody of one of our new Volunteer companies, the Washington Artillery. Our city authorities should offer a handsome reward for the detection of the scoun drel who did it. and should he be discovered, he richly deserves the harshest punishment that can be inflicted, and the scorn of the commu nity. Honorably Discharged. Henry Gorton, the officer who arrested Henry Watkins, whose dea th was noticed in our last paper, was brought up yesterday before a board of Magistrates, consisting of Messrs. Levy, Olin and Bush, and was discharged from confinement the decision of the Court being, that he acted in self-defence in the discharge of his duty as aiu officer. Mill Burnt. We understand that intelligence reached this> city yesterday, per telegraph, of the destruction of a Saw Mill in Brunswick, principally owned by residents of this city. The building was struck by lightning, and totaliy consumed. Wo regret to learn further, that there was no insu* ranee oa the property Correspondence of the Constitutionalist $ Republic Athens, Aug 3d, 1354. Mr. Editor —lt is no part of my intention to present your readers with a description of the Commencement Exercises, which have been lately concluded at this place. Doubtless, othe correspondents have placed you in possession of the incidents ot the public exhibition, who have done justice to its really excellent charac ter. It is ray purpose to acquaint your readers 1 with events which transpired at the same time, and which, though less public, are by no means less interesting. 1 refer to the action of the Board of Trustees upon such matters as come properly before them The judgment, wisdom, and, alas ! that it should, be so, the motives ol this body, composed of some!" of the best men of our State, have been frequent ly assaulted of late, by the anonymous publica tions of those who were either really ignorant of the things about which they wrote, or affected ignorance toi the purpose of creating false im pressions. In ju-tice to these men, whose is a labor of love, whose sole reward lor frequently arduous duties is the approbat' on of their consciences, and of good men, 1 hs»',e not thought it improper for one, in no way connect ed with them, to lay before the public those acts from which alone their devotion * 0 the trust committed to their keeping can b/ ascertained. Three vacancies in their numb/ r had been oc casioned since their last session, by the death of Judge Dougherty and Governor. Towns and the resignation of William Dough er ty Esq occa sioned by his inability onaq*? JUn t of profession al engagements, to attend, the meetings of the Board. I hese three vagaries were filled by the election of Gov. Johns Jn , Judge Lumpkin, and , Lamar, men worthy in every way of public confidence, and proper persons to sue ceed their distinguished predecessors. 1 he vacancy in the Facuity, occasioned by the resignation of Prof. McCay was to be filled, and a great many credentials w ere submitted to the inspection ot the Board. They proceeded with the utmost care to the examination of these pa pers, and alter mature dtdiberation, their choice fell upon Prof. Brown. The new Professor is a native of V irginia, and a graduate ot the University of that State. Since his graduation, he has been engaged in teaching, and tor the last two years hais been a Professor in Oakland College, Mississippi, from which in stitution he brings the highest testimonials as to character and capacity, and expressions of regret at being compelled to give him up. Prof. Mc- Cay’s loss, though serious, was not by any means irreparable, and the general impression here is that his mantle has laiten upon a very worthy successor. f A noble example /or the imitation of our citi- L Zens has been given by Dr. William Terrel, of Hancock, who at this session of the Board' of Trustees, made the College a donation of twen • ty |housand dollars, as a (und /or the support of a Professor of Agricultural Chemistry in this in stitution. This liberal gift supplies a want lon<* felt by intelligent men in Georgia, and enables the sons ot our planters here to acquire that the oretical knowledge, which, if successfully ap plied, may yet cause our deserts to blossom as -4ha rose. Such conduct on the part of one of Georgia’s most esteemed and intelligent citizens is very gratifying to the friends of the Collegers affording convincing proof, that notwithstanding; the assertions of jltnicus , Justilia , Georgia et irf omne genus, there remain some among our citi zens, who have not lost confidence in the ability ot the institution to accomplish good. The Dr. is the first who ha 3 followed the example of Mil ledge and others, w r ho endowed the College in its infancy. May he not be sq long in finding an imitator. 1 he salaiies of the Professors have been raised; to two thousand dollars. This would have been, dene long since, had the income of the College warranted it; anu it is to be hoped, that in fu ture, no objection will be urged to the amount of the salaries. Only two Colleges in the United States, unless the writer is mistaken, pay higher salaries, viz: South Carolina College, and the University of Virginia. If salaries are the only' inducements, then these officers will not be Ukss ly to Iwve.