Newspaper Page Text
(Jommernal Intelligence.
Orr/cB or rni Augusta Rsfublio, >
September 11, 1849. )
AUGUSTA TARKET.
COTTON.—The receipts of new Cotten dur
tag the past week have been about 120 bales, and
It baa been generally sold at from 91 to 9 J cents;
the quality of most of the parcels we have seen
has been from middling fair to fair. In old Cot
tons there has been something more doing, and
the sales have been te the extent of about 900
bales at very full prices—say midding 9 ; good
middling 9j a 9} ; middling fair 9} ; fair 9 J cents.
From the very dry weather of the past week our
planters have had very favorable times for gath
ering the early Cotton, and ehould the weather
continue dry, the early receipts will generally be
of very good quality. Tho market closes this
week with a good demand and a decided feeling
in favor of the article.
Tho tables presented to-day exhibit almost as
full an account of tho extent of tho erop or re
ceipts, of the inereaso and decrease, of tho ex
ports, and of tho stack on hand on ths let of
September, 1849, with a comparative statement ;
of 1848, as can be given until wo receive tho i
Now York statement, which wo shall publish as ■
soon as it comes to hand.
Tho receipts show an excess of 401,012 bales
over last year, but tho general impression is that
ever one-half of tho excess brought to market is
from the erop of the previous year, and that the
country wm never barer of Cotton than itia thia
fall; and, although our figures make the crop of
tho past year 9,739,060 bales, it actually was not
over 3,500,000, and is upward of 100,000 bales
from that allowance over any previous crop.
From present appearances and from all we can
learn, the present crop does not promise to be an
average one; oven in our own State, where the
prospect is represented to be better than in almoet
any section Os the country, it can hardly reach
thirt pointy. ViUllCika eusexed statement, the
£mporta*ee of a full crop to the world is very evi
dent, and the short erop this year will, we fear,
cause some change, as the very great increase ia
consumption ean only be kept up by an increased
growth.
Contumption of 1849,
Great Britainl,7oo,ooo
Franco 400,000
Continent of Europe 400,000
United States 600,000
Crop of the V. 8. 1849 9,700,000
** of ether countries. „.... 350,060
Some idea, from the above figures, may be
formed es tho increased demand there will be
should tho present crop range from two millions
to 9,200,000 bales; and hew high prices will rule,
should consumption remain as it is now, is impos
sible is predict.
Receipts es Cotton up to latest dates.
1848-9. 1847-8.
New Orleans, Aug. 31.... 1,090.797 1,190,733
Mobile, A.’’<- 31.........517,846 436,661
Florida, Aug. >l-.198,091 153,587
Texas, Aug 31...- 38,827 39,742
Georgia, Aug. 31.,.406,903 945,496
South Carolin, Aug. 31.-«...457,979 962,211
N. Carolina, Aug. 31> 14,371 1,518
Virginia, Aug. 31 .'4,250 9,100
Total receipts,9,739,oßo >338,048
Increase of reeeipta 410,019
Statement of Sleeks on band si the latest dates.
1848-9. 1847-8.
New Orleans, Aug. 3115,480 *7,401
Mobile, Aug. 315,046 93,584
Florida, Aug. 31 765 810
Texas, Aug. 31.. 459 747
Georgia, Aug. 3110,500 18,050
South Carsliua, Ang. 3193,806 14,085
N. Carolina, Aug. 31 900 300
Virginia, Aug. 31 1750 544
New York, Aug. 3163,593 53,329
Augusta AHambnrg, Aug-31.13,819 96,553
Macon, Ga., Aug. 31- - -
Columbae, Ga., Aug. 31.... 516 1,725
Columbia, Be. Ca. Aug. 31.. 5,311 10,274
Montgomery, Ala-, Aug. 31.
Griffin, Ga-Aug. $1 539 832
141,777 180,034
Exports tothe let September. .
184S-®. 1847-8.
Ta Great 8ritain1,537,099 1
To Franc.... 368,764
Other foreign ports.... 321,841 > 54 ' 490
Total Foreign exports, 9,227,704
To Northern ports.... 795,933 >79,498
Total exp0rt53,023,627 9,535,4*8
REMARKS.—We have no new feature, in
our general notice of the market, to eall the at
tention of our readers, save the faeilitiee which
the dealers of our eity have from tho very largo
amount of bank eapital ia thio city, and tho ease
•with which all operations for the purchase of the
; produce that is brought to market ean be arranged;
■ for the banking eapital of tho six banks in Augus-
Ka amounts la about 2,500,000 dollars.
BACON, Ao.—Receipts es the past week
light; ne change in the demand ; prices remain
t <l6s cents for Sides; 5 cents for Shoulders, and
jj 'arms 8a 19 cents, according to quality. Lard
ta L Ml sale, the supply being large; saleo by the
quat l, *y hare «*en »“<• •» 6 * 11 « B*“’
erally kold at Tb * ''H’P'y •* Feathers
is good -ale. ,« lh * ’““ tily ‘‘ 38
eents, aad at retail at * enU t ...
FLO UR.- Canal Flor. A “ ® T * 7 55
by the q. (entity, and «8 a,' wUil ’ «“* *“ d *
t8.50.fJ. Supply fully squ. Mto ‘ ,em ‘* L „
CR/slN.—Corn remain, dull s '*** *‘’™ “
cents ; supply moderate and receipts . ’
GROCERIES.—Ne change in any n P
lion of (hods. The daily arrivals of the boa. '* *** ,
adding heavily to our stocks, and our dealers ai?* J
all busy in filling orders from the country.
DRY GOODS, HARDWARE, DRUGS,
HATS, SHOES, die.—During the past weak
•Cveral country merchants have been making
•their purchases in our market, and wo learn that
■dbe stocks are sew being received which will
PStabJe them to offer inducements to dealers to
examine our market ore they go further.
BAGGING AND BALE ROPE—There
has been a heavy demand during the past week
.for all kinds of Bagging; Gunny i« etill seUluyt at
21 cents at retart, whilst at wliolroafe Mrr,o 95
bales ha se been sold at 91$ eents; Kentucky is
selling at 90 cents, and Dundee 17 . F,Q. Juh
Rope 10 a JO}; Kentucky 11 eents.
SALT.—’No transactions from the wharf; re
tailing from ./sres at f 1.40 a $ 1.5 A per sack.
STOCKS.—-There b a demand, for all kinds
of Bank stocks ,‘ **’*• dunng the. week of 150
shares Mechanise’ Bink Stock at ff 125; 58 shams
at 8123; for Georgia Rail Road f deck there is a
demand at 95, but SIOO ie genen dly asked; sales
of ffiOOO Montgomery Rail Ros d Bonds, endors
ed by tbs Georgia Rail Read Ct unpany, at $ per
eent. pne.-nium anad interest from July.
EXCHANGE.- -Chocks sa the North $ per
eent. premium.
FREIGHTS—Ou T ri ’“ h “ fan ®“ ow “ i<le ™-
bly.butthe light draft. bring up heavily
ladened boats without * ,neh ** eul ‘y» *hiP
meuts of ectten during the we ®k quite mo
derate.
Jndgeimi— f. '•«*•
Being a abort article in which J H lll I s
placad in a proper light, relative 10 , a<1 ‘
Atiniatraticn of the penalties of u
We understood, a few weeks ago, that some
of our frienda did not intend aupportin, ®° 5“
Hill, next October, because es hie ine. t
justice in the administration of the pen. *
the law. Thia, we thought at the time, f
very flimsy reason for any man to givt ’
opposing the election of another to ot
wherein justice, Integrity and honor are . ~
much required as they are in the Gubernater
chair of Georgia. We hare convsrwtd wh I
some of of our fellow citixens since, wl >» haw ’
been fined at the hands of the law as heavily a
as anybody else in Coweta Circuit; a ad they ’ «
tell us freely that they acknowledge th • yaatic* .
of Hill; and far from being displee.* ed with;.
him, for discharging the obligations of ’his oath,,
commend him for his strict yet mer etf«l en- 4
foreement of law. If these men mt at deeply d
concerned, as thev are, in the Finn i •*• «
not displeased with oar Judge foe his fimthfal'l
mess, why should Demagogues ends mror to 1
make ths public rot wo teo no fat 9. |
Rnper>o»
; Augusta, Georgia.
Tuesday Morning', Sept. 11, 1849.
For Governor.
EDWARD Y. HILL.
Senatorial Nominations.
sth Diet. David J. Sbrhanb, of Ware.
6th “ Dan. F. Mcßak, of Montgomery.
Bth 11 I homas R. llinks, of Scrivon.
9th “ James Grubbs, of Burke.
10th 11 E. J. Blackshear, of Laurens.
12th ** Peter E. Love, of Thomas.
24th " James E. Brown, of Randolph.
15th “ Jared Tomlinson, of Lee.
16th “ Van Leonard, of Muscogee.
17th “ W. N. L, Crocker, of Macon.
18th “ Robert Dixon, of Talbot.
21st “ Jab. R. Smith, of Washington.
22d “ Andrew J. Miller, of Richmond.
23d “ Joa W. Thomas, of Warren.
24th “ Joseph Gonder, of Hancock.
25th “ James Godard, of Jones.
26th •• Mickleibrev Merrit, of Monros
27th “ Jas. A. Millbe, of Crawford.
28th “ C. D. Park, of Meriwether.
29th “ Blount C. Ferrel, of Troup.
33d " Elias Beall, of Walton.
34th ** Henry Sanford, of Greene.
35th “ Wm. Q. Anderson, of Wilken
36th “ Thomas Johnson, of Elbert.
37th " Jacob Esbrheart, of Madison.
39th " Hiram R. Williams, of Gwinnett.
47th " M. Montgomery, of Chattooga.
ST The Agent for the Republic is Mr. Wit.
Claget. Receipts will be given by him for
payments upon subscriptions and accounts.
We respectfully ask for him the kind aid of
our friends wherever he may go.
Aufnsta and Waynesboro Rail
Road.
We have omitted, for the last few days, to
call attention to the advertisement of tha
Board of Commissioners of the above Road,
which will be found in onr paper. Books of
Subscription will be opened in this city and
Savannah and Waynesboro’, as will be seen,
on the Bth day of October next. From the
spirit with which this measure has been taken
npby the people of Savannah and Burke, we
doubt not that, with reasonable aid here, it
will be carried out. We have never doubted
that the Road would be profitable and benefi
cial to both Savannah and Augusta.
Our readers will see a communication, in
another place, from a respected correspondent,
giving an interesting account of the meeting
held in Waynesboro’, on tho 4th instant.
I/ater Items of Newt.
There is some difficulty between the French
government and the Pope and his Cardinals,in
settling the limitations of power and preroga
tive to be exercised and enjoyed by the Pope
in the government of Italy. The French
cabinet have apprised the Pope that serious
difficulties will ensue from the course pnrsned
by the Commissioners ; snd that the French
government will enforce the performance of all
the reforms promised to the people of Rome ;
and insists npon exercising a censorship upon
•11 the acts of the Pope. More difficulties
are apprehended; and the Pontiff appears to
have lost more than he gained by French in
tervention.
There has been a dissolution of the Cabinet
at Naples, and the liberal members have all
been dismissed.
The Spanish Ministry has also bean dissolv
ed, and Gen. Navarro is the new President of
Council, and also holds the financial portfolio.
Louis Napoleon hat gone to St, Cloud for
the benefit of his health.
Austria, for assisting the Pope, and the
Dukes of Parma and Modena, has required the
free navigation of the Po, which no doubt will
be acceded te.
[By Telegraph for the Charleaten Mercury.]
Further by the Niagara.
New York, Sept. 8, 6 P. M.
Thia morning’s papers contained their one
day’s later intelligence by the Niagara, being
up to tho hour of her departure, of which I
send yon the following summary :
Hungarian affairs are not settled. Haynau,
the Austrian General, and Prince Paskiewitch
have come to an epen rupture in regard to the
terme agreed upon with Georgy, to which
Haynau objects. Paskiewitch declares that
Austria shall not interfere in the matter.
It ia believed at Paris that Georgy’s surren
der was brought about by negotiations agreed
upon during the lasi visit of Prince Schwar.
tzenburg at Warsaw, under the influence and
advisement es the British Government.
The Pope has created Oudinot Duke of
Penerabzto, with a pension of six thousand
crowns.
The eity of Milan is in a disturbed condi
tion, growing out of the celebration ot the
Emperor’s birthday.
A rumored alliance between Russia, Aus
tria, France and Naples, looking to a war
with Great Britain, is not credited.
THZ MARKETS.
Dates from Havre to the 23d, state that
Cotton had advanced two to three francs, clos
ing flrm.
Govt Town* and Taxation.
It will be recollected that near the close of
the last session of the Legiulatare, when the
Tax Bill for raising the revenue for the years
1848 and’49 was presented to Gov. Towns
for his signature, he returned it to the House
of Representatives, where it originated, with
his veto. Hie objection to the bill was not
that it would raise 100 much revenue, and thus
impose unnecessary taxes upon the people,
’ nt that it was inadequate to raise the necess
'cans to defray the expencea, and sustain
*». >i t e s the State—in other words, His
the erec. . W anted the taxes of the people in-
EiceUnhcy -. e attempted to force the Legis
crMsee, ana i». 4 e p t i on o f hie policy by the
in this, he was
potency of the firmness of the
snout signally „ the m.’’ up for re-
Legislature. \ re passed I 1 ’ •«> over ;
eonsideration.it v. r four m ; rabe ,-s stood
whelming majority- . , t to extofi
by Hie Excellency i. , le And what
higher taxes from the y is Excel | encv f O r
reasons were offered by , of House
inTil Bttcmpt i in jotu. . . _ vayv
for 1847 page 526, in the ck'*> * **• •
message, they are thus given:
••Believing if the act to levy a M collect a
tax for each of the political years ISdS and <
1849, thia day presented to me becomes a law <
that your Treasury will be bankrupt, vour <
public credit sunk, and the State disgraced be- i
fore the period for the meeting of another Leg- i
islature, I herewith return the same without I
the Executive approval,and invite the enact- I
menlof a measure equal in its operation upon i
all, that willfully provide for ail claims on
the Treasury, and thereby maintain the faith
of the State.”
' The Journal and Messenger, from which
we copy the above, says, the Legislature, dif
fering with Governor Towns, “ re-enacted the
tax-bill, which his Excellency vetoed. Well,
the next question is, have the consequences
predicted by His Excellency come to pass? or
was His Excellency a false prophet? Is ths
i “Treasury bankrupt, the public credit sunk,
J and the State disgraced?” Or rather, is there
not now. and will there not be at the end of
the present fiscal year, a large surplus ot
- money, whe.’e hi. Excellency guessed there
■ would be hank>' n P te y* And ‘ natea £ ° f
nublie credit Koine sunk, is not the State pre-
- up the 5 per cent sterling
1 bond, due in 1888; s£d been
•I nonneed? Will the Fedt'™I Uni° n -*e or
« gun which is ro ready to k J*
" eelleney en all occasions—info. ,n . hown
r light on this subject. Ht» expe
’ that the State real Iv needed the inc.
’ ation which His ‘Excellency atten.,-
1 force the Legislature to impose upo,
| people? And if it 1 >as not, did not His Lx»-
'loner commit a mos t egregious blunder m nt
a Uempt to take mon »y from the peop.e in tax-
• eo not needed by the State-*
Ttn Mosqrwo Co. tsr.—The Washington
Republic expresses th o opinion that England
will not throw any obs taele in the way to pre
vent an American con ipany from opening a
| communication botwom a the two great oceans
i at the Ban Jasti, even though ate may assert
IhweWa* footer** >9in
Why don't He Resign I
I This is the question frequently repeated
by some of the Democratic Press, in reference
to Judge Hill’s continuing to keep hie position
as one of the Superior Court Judges. The
Columbus Enquirer says:
“ We shall endeavor to answer the question,
in true Yankee style, by propounding another.
Why don’t Gov. Towns resign ? Is there
any greater reason why one should resign
than the other? If it is indecorous for Judge
Hill to hold on to the office of Judge, whilst
he is a candidate for Governor, is it not equally,
yea, more indecorous for Gov. Towns to hold
on to his office, and the patronage of the Gov
ernment whilst he is canvassing the State for
re-election 7 Judge Hill is holding his Courts,
discharging the duties which the Constitution
and laws require, and which the people ex
pect of him.”
“ But our opponents will say that if Gov.
Towns resigns the affairs of the State will
suffer for want of a bead te direct them;
whereas, if Judge Hill resigns his place can
be filled inatanter, by Executive appointment,
without detriment to the State or the interests
of the people of hia circuit. Onr Constitution
provides for the one case as well as the other.
If the office of Governor becomes vacant by
resignation or otherwise, the President of tha
Senate eo instanti becomes vested with the
powers and authority of Governor, without
even the delay incident te an executive ap
pointment, and no sensible man will pretend
that the office would bo filled with less ability
by Andrew J. Miller the present President of
the Senate, than by his excellency Gov. Towns.
But these Executive appointments, ah I they
have charms for Loco foco leaders which the
people little dresm of. They act upon them
like the roll of the drum upon the old war
horse—they prick up their ears, and frisk
about at the sound; and hence these leaders
so pertinaciously ask the question, ‘ why don’t
Judge Hill resign 7’ They want the appoint
ment themselves. And we return upon them
the question, why don’t Gov. Towns resign 7
‘ Sauce for the gander, is sauce for the goose.’ ”
We might add to the above from the En
quirer this suggestion, that it is not extremely
delicate however ingenuous it may be, to eall
upon Judge Hill to resign his Judgahip, when
hia competitor who holds on to hie office,
would have to fill the vacancy.
We opine that a generous opposition, with
a nice sense of feeling, would not desire to
place Governor Towns in a position so dis
agreeable. Lilliput and the spoils! however,
is the cry of some, whose sense of propriety
and intellectual supremacy are both rather
below par, when the glitter es power, but
more of gold, bedazzles their visions.
The idea that Judge Hill is bound te resign,
because a candidate for Governor, ia a mam
moth one, without doubt, but only in the great
ness of its absurdity and dullness. It is
stupid to suppose that a Judge, eonld in the
short interval of a canvass, wield hia Judicial
power to manufacture votes, or, that, if he
were corrupt enough to prostitute the ermine
to party ends, he would wait to de so till made a
candidate for Governor. The idea for Jedge
Hill to resign must have been originated for
the benefit of some one who ia aa hungry for
some of the crumbs of office, as a church
mouse is for crumbs of bread. Whether it
is a hungry idea or not, those who preach it,
while justifying Governor Towns in holding
on to hia office, five another illustration of
the saying, that one will sometimes strain at a
knat and swallow a camel. We hope that
Judge Hill will be able te withstand the
gigantic, patriotic thought, contained ia the
advice to him to resign, till the giver of it
proves that be knows how to jump outotf tho
frying pan without jumping into the flr ? .
In copying the article below, we would
take occasion to remark, that the offence
charged upon Governor Towns is of a serious
and important character, so much so, that we
should be pleased to publish any denial of it
by proper authority.
That Mr. Pyron should not have been com
missioned, is aa plain a caae aa could well be
made out, for he was appointed by a number of
citizens, who, though they had been elected
Judges by ths people, had no authority to act
without their commissions. The article from
the Whig speaks for itself. We submit it,
without further comment, and shall see what
will be said in justification es the alleged set
of.Governor Towns.
[From the American Whig.]
OUGHT GOV. TOWK3 TO Bl EB-BLBOTHD t
This is a question that the people of Geor
gia will be called npon to decide on the first
Monday in October next; and, in order to a
correct decision, hia past acts as Governor
ought to be overlooked. In looking over hia
past acta, we find one, if all others are right
and proper, which ought to decide the question
against him. It must be admitted by all hon
est and patriotic men, that an individual who
will suffer party feeling and prejudice to gov
ern his official acts, is unfit to fill tho responsi
ble station of Governor ; and, that Governor
Towns has suffered his party feeling to gov
ern him in one case, cannot be denied by any
of hia best friends.
The first Monday in January last, was the
day set apart by law, for tho election of Justi
ces of the Inferior Court throughout the state.
At the election in Henry county, a majority of
the court elected were democrats, while a ma
jority of the old court were whigs. Tha se
cond Monday of the month is, by implication
of the law, the day for the election as clerks es
the court of ordinary. When that day arrived,
the newly elected Justices had not been com
missioned, and consequently could not lawful
ly exercise the functions of tha office. And
under our laws, the old Justieas were bound
to act and discharge all tha duties of tha affice
until their succetaora were commissioned and
qualified. On the aecond Monday, tha old
Justices were discharging the duties es office
by holding the Court of Ordinary, aa required
by law, and among tha other duties es the
Court, they held an election for Cierk, and
elected John H. Low aa Clark, for tha aaeeeed
ing term of two years, as reqaired by law.
Ti;g newly elected Justices, ar a majority of
them, likewise assembled, though not esmrnis
sioned, and selected James Prysn as Clerk.
The second Monday of the month was the
10th day, and the commissions for the new
Justices’ were not issued until the 19th
-v. When the returas electing Low by the
° J '«rt, Bn d those electing Pyron by the new
° ° rt” • ' ired at Milledgeville, Gov. Towns
c °ur r. been ignorant of all the faets
could not lu h * T) He knew
that at the time thee Jn , ti „, had
the commission* for i. , . , <
not been issued And he Ju -j
til the new Justices were com^ WlonM >
old ones were bound to act—were •
and constitutional court, and as such
bound by law te elect the clerk. \et, for tu.
sake of benefittiag his party friend, he com
missioned Mr. Pryon, contrary to law—in de
fiance of hia constitutional obligations, and
greatly to the prejudice of the righto of the 1
people of Henry county.
The commission thus issued by Governor I
Towns, has been declared void and revoked .
by the Superior Court—and as a consequence
the people of Henry county have been without
a Court of Ordinary ever since. The interests
of all orphans, executors, administrators, and
guardians, in that county, are now in jeopardy
for the want ot a proper eourt to attend to them.
This one illegal act of Gov. Towne, the con
sequences of whieh are of such a serious na
ture, ought to blast bis prospects for re-elec
tion, and ensure his overwhelming defeat.
Hon. Henry Clay was at Kinderhook on
Tuesday last, enjoying the hospitalities es Mr.
Martin Van Buren.
Gen. Taylor probably reached Washington
city on Saturday last. Hie health had much I
improved.
The New York Tribune of the flth Inst.,
says: Col. Baylie Peyton of Lettiaiana, the
lady of Gen. Kearney end her children, and i
Gov. Letcher, were at CiacinnaUi last Batnr-1
i d»y-
1 The sales of eotten in Charleston on Friday t
and Satnrday last amounted to 409 bales, at
prises ranging from > V 10} cent*. Ths
iauuket wMSteadg.
I We copy the following letter from the last I
i Chattanooga Gazette, with the accompanying I
I remarks of the editor. Every thing in refer-1
ence to the great interests involved in the
completion of the state road is interesting to .
the public. Our State Treasury, our Railroad
Companies, our Cities, and our people
rally, will all be greatly benefitted by the
complishment of this great work. In all proba-1
bility the Elk, the Clinch, and the Holston ‘
rivers, will afford from one thousand to fifteen i
hundred milesof navigable water, penetrating
some of the richest sections of the country. <
The tributary streams, the Tennessee river, i
and the Nashville and East Tennessee Rail- 1
roads, when completed, will unite in pouring i
a stream of wealth into the laps of Augusta I
and Charleston, Macon and Savannah. ’
No one can now estimate the vaiue and t
extent of tha travailing and trade which will ■
then take place upon our great lines of road, 1
’ and between these and the rich sections
they will penetrate. The resources of
these parts of Tennessee and North Alabama,
heretofore limited for want of markets readily
accessible, will be doubled, and perhaps quad
rupled in a few yeara. These great facilities
for trade and travel will produce corresponding
activity and industry, to reap their benefits, not
only in the interior, but here and at every point
where these benefits will be felt.
Letter from GileSCounty. —“Below we
append an extract of a letter to the Editor,
from a gentleman of Giles county, in Middle
Tennessee, on the subject of the trade be
tween that aeetion of country and the South
ern markets. The completion of the grand
line of Rail Roads from the Southern Atlantic
seaboards to the Tennessee river, will be the
means of opening np new avenues of trade,
on all the rivers tributary to the Tennessee, and
draw out for the Rail Roads a larger amount of
business than has bean calculated on, even by
the most sanguine. It will be the means of
develepinga navigability of streams that have
heretofore been considered impracticable. In
view of the early completion of the Road to
this place, the former liberal owners of the
steamer “Sam Martin” made an experimental
trip up the Elk River to Elkton, in the month
of Jane, 1847,—that being the pioneer trip of
any steamer up that river. We had the good
fortune to be along that trip, and well remem
ber how agreeably surprised we were, at the
amount of water in the Elk, and its suscepti
bility of improvement, so as to make it navi
gable for light draught boats more than half
the year. We well remember too, the grati
fication wo felt in finding a country unrivalled
for its natural advantages—the fertility of the
•oil and salubrity of the climate. Nor can
we ever forget the lively manifestation of plea
sure exhibited by the people in witnessing the
running of a steamboat on their beautiful little
river. We felt then that it was an era from
which the enterprising citizens of Giles and
contiguous counties might date their awaken
ing to the importance es improving the river,
and sooner or later opening up a trade with
the Southern Atlantic cities. We trust the
time has arrived when they will go to work ge
nerally, and that they may soon witness the
transit thraugh Chattanooga of mnch of the
large surplus produce of Giles and other coun
ties around it, and the return of merchandize
by the aamo route.
In regard to the reduction es freights, asked
for by our Correspondent, we can only call
the attention of these who control thu Roads
to thia letter. We do not know that the freight
lists are yet arranged for the fall business. We
have been authorized by the Chief Engineer of ,
the State Road to say, that he will have cotton
taken from thia place to Atlanta, at 25 cents
per hundredpounds, even before the Tunnel 1
is completed, without subjecting the shipper i
to any additional charge for drayage across <
Tunnel hill. We are also authorised by a let
ter just received from Augusta, to say, that the '
President of the Georgia Rail Road Company 1
hae entered into an arrangement with the i
Chief Engineer of the State Road to transport <
Cotton from Chattanooga to Augusta at 50 .
cents per hundred pounds. This seems to us
to be low, and we hope it will be the means
of attracting the attention of*Planters and 1
Merchants of North Alabama and several of[<
the counties of Middle Tennessee, who have ( ,
heretefore sent their Cotton to New Orleans
and other markets.
We hope to hear often from the writer
of the letter below.
Fort Hill, Giles Co. Ten. I
August 25th, 1849.
Mr. Parham:—We are glad to learn
through the “ Gazette,” that the Rail Road
will be completed thia fall to the river. Our
citizens are unanimous in desiring to change
the current of Trade from Naw Orleans to the
South, and are willing to send this fall and
winter the whole of their surplus produce—
Cotton, Corn, Bacon, die., to Charleston,
Savannah, and Augusta.
We can send from Elk river, twenty thou
sand bales of Cotton, and tho amonnt of Ba
con, Corn, Oats, Flour &c. cannot be well cal
culated.
Some of Our enterprising citizens contem
plate erecting a Pork Packing House with the
expectation of shipping to Charleston and
Savannah.
Two of our citizens, also, are holding them
selves in readiness to bring a light steamboat
into the Elk River trade, the moment our citi-
zens determine to change their trade to the
South. The only difficulty which will stand
in the way, after the completion ot the road, is
the heavy freight of the rail road. The rate
is too high for our people. It is a little more
than double the freight to New Orleans. One
of our neighbors, last season, sent one half of
hia cotton crop to New Orleans and the other
half to Charleston, and although he got the
best price at the latter place, yet the half sent
to New Orleans yielded him the best profit.
If the rail road proprietors can find it to their
interest to reduce the rates of freight, you may
look for us in your town, as soon as our cot
ton is baled. The penny postage, in England,
increased the receipts in that department, and
the reduction in postage is about producing
the same result in eur own country, and might
it net have the same effect on the rail road
interest?
We have anticipated, with some enthusi
asm, the change of trade from New Orleans
to Charleston and Savannah, by the way of
your rail read, and nothing but compulsion
will drive ns down the Tennessee River in
stead of up it, and we shall relinquish with
mueh reluctance the idea of freighting on your
read to those groat marts of trade.
Oars is a rich, fertile valley, abounding in
every useful and convenient commodity, and
the amount of produce wo can send down our
beautiful little stream is incalculable; and its
influence will be felt upon any road or in any
market. In Giles county, alone, our surplus
produce amounts to one million, seven hundred
and fifty thousand dollars, and this, too, with
. every ineonyeniesce of getting to market. It
i will be more than donbled when the route is
opened to your markets.
I expect our citizens will send a deputation
te the proprietors of the road, to ascertain
what can be done in reference to the reduction
er freight. We are more than anxious, as it
will be greatly to our advantage, to take your
rente to market.
brntuunne Rumor.—The Boston Tra
veller of Satnrday states, on the authority cf a
private letter, that the French Government
will not receive Mr. Rives, our new Ambassa
dor te Paris. The Traveller supposes the rea
son will be drawn from certain dispatches
sent home by Mr. Rives, during his former
envoyship in France and published by our
Government. They related to the difficulties
concerning the French Indemnity, and going
, back to France helped to heighten the irritation
which existed there on the subject.
ST Horatio J. Perry, our new Secretary of
Legation to Madrid, (says the New York Tri
bune of the 4th inst.) sailed on Monday
this port 1b the ban? neElvira Harbeck for Lis
boa on his way to Madrid, ihs jvss to have
gone ent in the U. 8. store ship Erie to Gib-!
raltar, but she Is still detained by the illness
of Cora. Gregory, who goes ont in her to take ,
command of the U. S. Squadron on the Coaat
cf Africa.
The deaths in New York for the week
ending en Saturday, Sept. 1, were 687.; of
’ ikero 171 were by Cholera, and 919 by other
; B«wM Arouses.
1 ftorrespondence'of the Republic.]
I Mr. Smythe—lt was iny purpose to have
l written you several days ago, detailing events
i that transpired recently, the shadows of which
' long preceded them.
The call for a political and rail road meeting,
brought together, on Tuesday last, quite a
number both of the “ re-affected” and the “ un-
The rail road meeting was organ
ised about 11 o’clock, A. M. Judge White
head in the chair, and Messrs. Blount and Mc-
Renne'as secretaries. Dr. Charles West,
one ot the commissioners, made a report show
ing what had been done in Burke, by those
friendly to the enterprise, and stated a few rea
sons why more bad not been accomplished in
furtherance of the rail road; the building of
which was demanded, he said, by considera
tions alike of county pride, private and public
iiilFrcsr,and patriotism. He concluded his re
marks with the encouraging assurance that the
certainty of the building of the Waynesboro’
Rail Read is now placed beyond a reasonable
doubt. We were gratified to learn, through
the Commissioners, that the services of a dis
tingttjphed Engineer, Mr. Holcomb, had been
sec.U£edj*\nd that he was expected to enter
forthwith npon the discharge of his duties.
Cuyler, a delegate from Savannah, ad
dressed the meeting at length in a strain of
pure and patriotic eloquence. Mr. C. is one
of the pleasantest, most graceful, and impres
sive speakers in the state, and appears quite fa
miliar with the history and business of rail
roads, to which no inconsiderable portion of
his time and talents have long been devoted.
Spehking of the benefits of rail roads gener-
C. said that they must bo regarded
powerful agencies in facilitating
*nd sociaS - intercourse, but as suc
auxiliaries m enlightening and liberal-
the people. Rail roads, Mr. Cuyler
maintained, answered, in some degree, the
place of common schools; for it was an indis
putable fact that the people along a line of rail
road, running through an obscure and hereto
fore inaccessible country, were, from the ne
cessity of the case—coming in constant col
lision with the customs, manners, habits, intel
ligence, refinement of other and more favored
1 sections — greatly in advance of their neigh
bors. This “ position ” was handsomely “de
fended” by a complete “ordnance” of apt
illustrations and allusions.
Mr. Cuyler paid a beautiful but merited
compliment to tho State of Georgia. He
spoke with exultant pride of the liberality and
enlightened patriotism of her noble sons, as
manifested in the construction of rail roads, at
immense costs, not so mnch with a view to
“ immediate benefits,” as to develope the re
sources of the State ; tiiat they were spend
ing their time, their labor, and their aapital,
not so much to enrich themselves, as to bene
fit posterity. This was what the speaker
facetiously called building rail roads out of
patriotism~-n neoteric species of capital, I
confess, but probably quite in harmony with
the progressive spirit of our age.
In this connection Mr. C. took occasion to
deal haavy blows on the “ devoted pate” us our
sister city, Macon. He boldly asserted, that
the people of Macon, in their efforts to divert
trade and business from Savannah, and to
drain the state of her immense resources, for
the benefit of the “ Hamburg Rail Road,” and
the city of Charleston, evidenced a great scant
of patriotism. The Rev. Mr. Goulding fol
lowed in a speech of about half an hour. His
remarks were listened to attentively, and fre
quently elicited loud and prolonged applause.
There were several points of interest in Mr.
Goulding’s speech, which we would be glad
to notice, but our limits forbid. He conclud
ed hmjpirited and well timed remarks, by urg
ing upon the people of Burke to subscribe
promptly and liberally towards building tho
Waynesboro’ Rail Road.
Ia compliment to the reverend gentleman
for the patriotic interest which he manifested
in the proposed rail road, a number of our fel
lowcitizens went forward and generously
subscribed to make him a “ stockholder.” I
assure you the rail road spirit runs high in old
Burke. It would be gratifying and encou
raging ta see the people of your uity coming
forward to lend a helping hand. Look out I
friend Cuyler will be down soon on Augusta
also; and though he may not use you as
roughly as he did the “ citizens of Macon,”
you will probably find that he strikes with
“ gloveless hands.”
Very respectfully, your friend,
WILL HONEYCOMB.
September Bth, 1849.
[By Telegraph to the Charleston Mercury.]
New York, Sept. 7,1849.
I send yon some further items of intelli
gence by the Europa.
The imports of cotton at Liverpool during
theTveek ending on the 24th, were only 5,100
bales, and the article was in good demand.
The Emperor of Rassia had refused tho pro
position of the Pope and Commissioners for a
loan, the terms proposed being unsatisfactory.
The Peace Congress assembled at Paris on
Wednesday, the 22d. Five hundred delegates
were present, and Victor Hugo was called on
to preside over its deliberations. The flags of
all nations were displayed in the hall, and con
spicuous over all was the flag of the United
States. Tiie French Government had issued
orders that the members, in their debates,
should not allude to passing events.
New York, Sept. 6, 6 P. M.
The cotton market is unsettled by the news
of the steamer, but the article is held firmer.
Flour, 5.31 a 5.37. Corn, 59 a 63, at which
90,000 bushels were sold. Provisions and
Groceries unchanged.
Stocks have improved, and Treasuries are
quoted at 13$.
Bxltimorx, Sept. 7.
There was a fire at Cincinnati yesterday,
which destroyed fourteen buildings.
The steamboat Haidee burst her connection
pipe a few days ago near Westen, on the Mis
souri river, killing the Captain, and mortally
wounding several of the erew, and ssaJding
three ladies badly.
A detachment of 200 Bragoons were sent
from Laramie to punish the Sioux Indians for
their depredations.
TJe Democratic Convention at Syracuse has
adjourned, after adopting a resolution propos
ing a reeonciliatien and union with the Barn
burners, and for this purpose they rseoasmend
ed a Convention at Utica, to redeem the State
from Whig misule.
New Orleans, Sept. 6, 10 A. M.
Yesterday barely oae hundred bales of cot
ton were disposed of. The asking prices of
holders were too high to meet the views of
buyers.
is quoted at 20 cents per gallon.
The blockade at Round Island is said to
have been so far discontinued by the United
Slates vessels as to allow those who had there
congregated to receive supplies of provisions.
It is rumored that our Consul at Havana
had requested that the sloop of War Albany
should be immediately dispatched to the port of
Havana.
New York, Sept. 8. 6 pm.
i The sales of cotton to-day reached 1600
bales, and yesterday (Friday) 800 bales, at
foil prices. Flour has declined; western quo
ted at 85,37$ a 5,625.
F Brown and Shipley’s Liverpool Circular, by
the Niagara, quotes fair upland cotton at ss.
BaIHXOBE, Sept. 7.
The Government officers this morning S#?x-
I ed tht Sea Gull, Ontario and Florida, suppos
ed tc be engaged in the secret expedition
again; Cuba, and brought them back to the
I City.
I Wiliam Abbot, Esq., Mayor of the eity es
Bangtr, died, at his residence in that sity on
; <**O’day Bight, aged 71 years.
i From the Journal &. Messenger.
Snpreme Court Decisions.
Minute of Points decided by the Supreme
Court at Decatur, August Term, 1849.
PREPARED BY THE REPORTER.
Merchant’s Bank ot Macon, Piantiff in Er
ror vs. The Administrator’s of John Rawls
deceased, Defendant in Error. Assumpsit—
from Bibb—-Motion for New Trial.—l. In an
action for money had and received, it is only
necessary for plaintiff to prove title to the
funds and the receipt thereof, by the defend
ant.
2. The defendant being the President of a
Bank, and having collected funds of the Bank
does not take tlie case out of the general rule.
3. The President of a Bank is not its col-
lecting officer’and when he collects money be
longing to the Bank, he is neither general
or agent, or trustee, and is bound as
soon as he receives tiie money, to pay it over
to the proper receiving and disbursing offi
cer.
4. A party introducing the books of the op
posite party in evidence upon trial, njay never
theless, assail them, so far as to prove that the
entries relating to the case at bar, made there
in, are fraudulent, erroneous, or made through
mistake, &c-
5. The finding of a jury for most purposes
is not a verdict until returned, and recorded,
and the jury may revoke or amend their ver
dict before it is recorded.
6. A party has no right to dismiss his ac
tion in any case after the publication of the
verdict, and the verdiet shall be considered and
held to be published when it is returned into
Court and handed to the counsel, or other
person, directed by the court to receive it.—
Judgment reversed. Rutherford for Plaintiff,
Gresham and S. T. Bailey, for Defendants.
Bishop & Parsons, Plaintiffin Error. Mo
tion for a New Trial—from Bibb. In an ac
tion on the case in the nature es an indebita
tus assumpsit, to goods, wares and merchan
dize, destroyed by order of the constituted au
thorities of a city, in order to arrest the pro
gress of a fire, the court will set aside the ver
dict of tlie jury «nJ grant a now trial, provid
ed the damsges assessed are merely nominal
snd grossly disproportioned to the value of the
property destroyed or injury proven to have
been sustained.—Judgment reversed. Hines
and Hines for Plaintiffs, Poe and Niabet for
Dofts.
Mayor and Council of the City of Macon,
Plaintiffs in Error vs. The Trustees of Bibb
County Academy, for the use of Elam Alexan
der, Defendant in Error. Illegality—from
Bibb Superior Court.—l Where a judgment
has been transferred and become dormant —
Held, Z’hatit is regular to revive the judgment
in the name’ of the original plaintiff for the use
of the assignee’/
2. Where a juJ(?™ent was obtained in 1838
and become dorma l ’’t, and was revived subse
quent to the act of? 845, reducing the rate
of interest from Bto 7 ;’ er cent. Held, That
the revived judgment dra.'vs 8 per cent inter
est per annum Judgment affirmed. Poe
and Nisbet for Plaintiffs, Powers and VVhittl#
for Defendant.
A. P. Powers and Another. Plaintiffs in Er
ror vs. Scott Gray, Receiver of the Ocmulgee
Bank, Defendant in Error. In Equity —from
Bibb Superior Court.—l. Equity will not en
tertain jurisdiction of a mere matter of account
between parties unless there exists sot.ne par
ticular circumstance, rendering its interfer
ence necessary.
2. In a proper ease made, a bill in equity
will lie as between client and attorney.
3. Equity will entertain jurisdiction in those
cases only, where it is apparent upon tho face
of the bill, there exists no adequate common
law remedy.
4. In those cases, where, under the English
or common law, equity and eomtnon law had
concurrent jurisdiction, is not equity ousted of
its jurisdiction, by the Statutes of Georgia?
Judgment reversed. Power and Whittle for
Plaintiffs, Poe and Nisbet for Defendants.
The Administrators of McFarland, Plaintiffs
in Error vs. The Administrators of Freeman,
Defendants in Error. Assumpsit—from Pike
Superior Court.—l. The admissibility of a
record in evidence, is to be determined by the
court from an inspection of the same.
2. The true test of identity of the cause of
action in different suits is, will the evidence
necessary to support one, be admissible to sus
tain the other?—Judgment reversed. Hill &
Stark for Plaintiffs, Hammond and S. T. Bai-
Icy for dofondaiHa.
The Mayor, &c., of Macon vs. The Macon
and W. R. R. "’Company. In Equity—from
Bibb—l. A Rail road Company are entitled
only to those privileges granted them by their
charter and such as are incidentally necessary
for the enjoyment of the charted privileges.
2. The right to transport produce from the
terminus of their road throughan incorporated
city, and over a toll bridge to the depot of ano
ther Rail road, is not such a privilege.
3. Under the act of 1847, giving the Mayor
and Council of the City of Macon, the right
“to regulate tho tolls” for crossing the B ridge
at Macon—Held, that the Council have autho
rity to pass an ordinance to require tolls on
drays loaded with cotton and corn, notwith
standing the provision of the Act of 1828, res
tricting the Council from laying such toll; and
more especially, because the grsnt from the
State to the City of the Bridge, is uncondition
al—Judgment reversed. Gresham and Piiwers
for Plaintiffs,vPoe and Nisbet for Defendant.
Martin vs. Atkinson, In Equity—from Pike
1. The identity of a tract of land cannot be
proven by witnesses who swear only to what
they heard from neighbors, living on adjoining
lands.
2. Asaleof a tract oflandunder a fi fa
against the vender amounts to an eviction of
the purchaser.
3. If the purchaser is forced to remove an
incumbrance on the land, the amount paid by
him, is the proper measure of damages to be
paid by|tbe vender; but if the purchaser is evict
ed, the original contract of sale is vacated,
and the purchaser is entitled to recover back
what he has paid on the contract, together
with a reasonable compensation for the im
provements placed upon the premises.
4. A fortiori, where there is an express con
tract that tha vender shall pay for the im
provements in the event of eviction—Judg
ment reversed. W. W. Arnold for Plaintiff
in Error, G. J. Greene for Defendant.
Stubbs, Administrator, &.C., vs. the Central
Bank. In Equity—from Fayette. 1. The
certificateof the Judge that the Bill of Excep
tions is true and consistent with a part of the
proceedings before him, is insufficient where
all the proceedings are necessary for the deter
mination of the case. 2. The provision of the
Act organizing the Supreme Court, requiring
the Judge below, to certify that the Bill as
Exceptions is true and consistent with what
transpired in the cause before him, requires
that ell of the proceedings necessary' to the
adjudication of the case should be included.
3. If the Bill of the Exceptions does not set
out the decision complained of, so distinctly,
that the Supreme Court may hear and deter
mine the same, without danger of mistake,
lhe writ of Error will be dismissed. 4. If the
error complained of, is the admission of illegal
testimony, the substance of the testimony
must be included in the record, that this Court
may judge whether the testimony was ma
terial, or the decision injurious to the party.
Writ dismissed. Thomas and Warner for
the motion, Tidwell and Ezzard contra.
Mays and Another vs. Taylor. In Equity
—from Pike. 1. Where a plea of Usury is i
withheld by one surety upon the promise of
the plaintiff not to enforce the judgment against
him until his co-surety proved insolvent—Held,
that the failure of the plaintiff to comply with
his promise would not authorise the Court of
Equity to open the judgment and inquire into
the usury. 2. A Court of Equity will, how
ever, enforce the performance of snch an
agreement, after properly getting jurisdiction I
of the canse. 3. The levy of a fi. fa. on per-1
sonal property in a different county from the ’
one where it was issued, will not give jurisdic- j
tion *o a Court of Equity in that county to !
enjoin the execution, when none of the defend-'
ants reside therein. 4. If the defendant waives .
the question of jurisdiction by submitting to]
answer, the plea cannot be afterwards heard, j
Judgment reversed, with instructions. King
and Harman for Plaintiff in Error, G. J. Greene ,
and S. T. Baily for Defendant.
Woodard and others, ys. The JExecptors of
Solomon. In Equity—from Bibb. Judgment
creditors of an insolvent Corporation which
has eeased to exist, may in Equity seek direct
ly to set aside a convevance madp tp u
such a Corporation while in existence in or
der to condemn property so conveyed to the
payment of their debts. Judgment reversed.
Rutherford and Powers for Plaintiffin Error,
Cole and Hardeman for Defendant.
Ketwell vs. Morrow—Ejectment from New
ton. 1. A Sheriff, under the Aet of 1799, is
. authorised to make titles of land sold by a for
roer Sheriff; a«d it is Bet BSlßmry for lb«
Court to pass an order requiring inui l ■ •
2. A Sheriff’s deed, reciting, that he bad
“ seized and sold” the land under a Justices
Court fi. fa.Js valid, the Sheriff being seized of
the land when the Constable turns over tho
levy to him. 3. If the party produces the
judgment and shows a reasonable diligence
and good faith in searching for the fi. fa., in
the proper offices, the deed will be admitted in
evidence. It is not necessary for the party
himself to be purged, as tho law does not pre
sume the paper to be in his possession. Judg
ment affirmed. Jones for Plaintiff in Error,
Clark for defendant.
Brown vs. Lee &, Others. Motion—from
Newton. —An assignment of all his property
by an insolvent debtor, to a trustee, to be paid
to creditors unequally, is void under the Act of
1818. Judgment affirmed. Clark for Plain
tiffin Error, Dawson for Defendant.
Stroud vs. Mays and Another. Case—from
Butts. 1. To support an action for deceit in
the sale of a negro, there must be either wilful
misrepresentation, or a fraudulentconcealment
of defects. 2. The Court ought not to disturb
the verdict of the Jury, on the ground that it is
“ contrary to evidence,” where there ia no
reason to believe that the Jury have overlooked
any part of the evidence, or have been misled
upon any question of law—provided there is
some evidence to support the verdict. A for
tiori, where the preponderance of the evidence
is in favor of the verdict. Judgment reversed.
Stark for plaintiffin Error, D. J. Bailey for
Defendant.
Lee vs. Brown. Motion—from Newton.—
A conveyance fraudulent against creditors, un
der the Act of 1818, does not divest the title
of the fraudulent grantor, so far as to render
void a subsequent mortgage made by him to
secures bona fide creditor. Judgment affirmed.
Dawson for Plaintiffin Error, Williamson for
Defendant.
Tyler vs. Stephens.—ln Equity—from Up
son. A submission to arbitration, reserved to
each party “ the right to reject the award, and
nothing said or done, is to operate (gainst them
in future in law or equity.” The award was
made and ratified by each party. Held that
the award Uius rauxied was good uQuwiilißiAnrl
ing the reservation in the submission. Judg
ment affirmed. Evans and Hammond for
Plaintiff in Error, Ezzard for Defendant.
Killen vs. Sistrunk and Wife. In Equity—
from Houston. 1. Where the case below is
against “John Killen, Executor of James H.
Killen,” and the Writ of Error is in the name
of “John Killen” individually—Held, that the
Writ of Error may be amended by the Bill of
Exceptions . 2. In the settlement of an Execu
tor’s accounts, the disbursements of the cur
rent year, as a general rule, ahould be deduct
ed at the commencement of the year, before in
terest is charged on the balance in his hands.
3. Where the Jury have made manifest and
large errors in arriving at their veidict, and
the means of ascertaining the fact, are before
the Court a new trial will be granted. Case
•ent back with instructions. Killen and S. T.
Bailey, represented by Cobb for Plaintiff in
Error Warren and Hammond for Defendant.
Bokmkrvs. Welborn. Case—from Meri
wether. 1. The owner of springs supposed
to possess valuable medicinal properties, who
kept a Hotel to entertain the visitors to the
springs, who visited them either for their
health, or as a fashionable watering place, is
not a keeper of a “tavern or a house of pub
lic entertainment,” so as to require him to take
out a license under the Statutes of Georgia.—
2. The assignee of property injured by a nui
sance, erected by a third person prior to the
assignment, may maintain an action against
the wrong-doer for the continuance of the
nuisance, without a prior request to abate it.
Otherwise, where the suit is brought against
the assignee of the wrong-doer. 3. Where a
person by erecting a milldam, rendered the
’watering place of another so unhealthy, as to >
deter visitors from resorting thereto—Hold, |
that damages thus arising to the Plaintiff, are I
not too remote upon an action against the i
wrong-doer.— Judgment reversed Ju-..
Warner dissenting. Dougherty for Piaiimn
in Error, O. Warner and Colquitt for De
fendant.
Williams va. Turnbk and Another.—ln
Equity—from DeKalb.—l. The failure of a
witness examined by commission, to answer
fully the cross interrogatories, ia a sufficient
ground for rejecting the testimony. 2. If a
witness is sought to be impeached by proving
statements contradictory to hia sworn testimo
-11 IO IlCUCeoaijt lv lay a rUumladuti A_»»
sueh testimony, by firnt inquiring of the wit
ness, sought to be impeached, as to the fact of
making such statements. 3. Seven ysars’
uninterrupted enjoyment of a Ferry, in Geor
gia, gives a prescriptive right to the owner,
from which a grant will be presumed. If A.
furnishes money to B. to purchase a tract of
land, upon an agreement that B. should re
turn the money without interest, in considera
tion of which he agreed that A. should have
all the ferry right appendant to the land—
Held, that B. was a trustee by implication of
law, for A., so far as the ferry right is concern
ed. Judgment reversed. Calhoi n and Ez
zard for Plaintiff in Error, McDonald and
Murphy for Defendant.
Watts vs. Kilburn. Claim—from Meri
wether.—l. Where the subscribing witness
to a Bill of Sale lives without the jurisdiction
of the Court, and his name is subscribed by
hia mark, the paper is admissable in evidence
upon proof of the hand-writing of the maker.
3. Where property subject to the lien of a
judgment, in Georgia, is removed to Alabama,
and there sold to a third person—Held, that
upon the return es the property to Georgia,
the lien of the judgment is not divested by the
sale in Alabama. 3. If property be removed
from Georgia to Alabama, pending a suit, for
the purpose of avoiding the payment of the
debt, and is there Bold to a third person, with
full knowledge of the fraudulent intent—Held
that upon the return of the property to Georgia,
it will be subject te the lien of a judgment re
covered upon the debt.—Judgment affirmed.
A. H. Hill, representing Colquitt for Plaintiff
in Error, O. Warner for Defendant.
Grier & Lose vs. McLendow. Ejeatment
—from Troup.—l. Where it appears to the
Court that the Ordinary appointed a Guardian
for a ward residing without the limits of the
State, and no other fact appears on record giv
ing jurisdiction to the Court, the appointment
ia void. 9. The fact that an absent ward has
immovable property within the county, gives
the jurisdiction to the Court of Ordinary to
appoint a Guardian as to the preperty. And if
this fact appears upon the record, the judg
ment is conclusive, until reversed in that Court.
—Judgment affirmed. O. Warner and B. H.
Hill for Plaintiff in Error, W. Dougherty for
Defendant.
Moktigui v». Lcatl D«ail—Avm DibU<—
Under the act of 1799, the affidavit to hold to
Bail need not state the nature of the cause of
aetfon.—Judgment affirmed. Anderson for
Plaintiff in Error, Cobb, representing Pow
ers for Defendant.
Marshall vs. Rilet. Assumpsit, &.«.
from Bibb.—l. Under the act of 1847, “au
thorizing discoveries at common Law”—Held,
that it is necessary that the record show upon
what evidence it was made to appear to the
Court that the answers were material and per
tinent, before the order is passed, requiring the
party to answer. 2. Under that Act, a party
is not bound to answer any thing that would
tend to subject the party to a criminal prose
cution. 3. If the answers are filed under pro
test, and are subsequently inadmissible by the
Court, it is error in the Court to allow the con
tents of the answers to be proven by any one
else, who may have seen them. 4. The party
called on to answer, may either demur to the
interrogatories, taking the risk of such a :
course, or else, may file his answers under ]
protest, which, if sustained, the answers can-'
not be used in any manner against him.—Judg
ment reversed. Anderson for Plaintiff :n
Error, Calhoun, representing Stubbs
Defendant.
Reese vs. The State. Murder—from
Bibb.—l. The excitement in the community,
arising from the recent commission of the of
fence, is good ground for a continuance, where ,
it appears to the court, from the affidavit of the
prisoner, that it would be unsafe for him to .
go to trial; but if the prisoner introduces '
witnesses to prove the existence of such ex-1
citement, who, on the contrary, show that (
none such exists, the continuance should not'
be granted. ?. AH the faets occurring at the i
time of the homicide may be admitted in evi- ]
dence as a part of the Res Gestie.^-Judgment'
affirmed. Anderson for Plaintiff in Error, Cal
hofifi and Cobb, representing McCune for
Defendant,
Williams vs. Martis. Claim—from
Houston—Where a claimant introducaa a
judgment on foreclosure of a mortgage, as a
part of his title, evidence is admissible, to
i show that the mortgage judgment was frau
, dulently obtained. Judgment affirmed.—
Hines for Plaintiff in Error, Killen sod Cobb,
I roprerootißg Warm sos D»fe«da»t, *
Trade Kale.—The New York Tribune
|of the 6ih inst., says: The Trade Sale of
j Books and Stationary, by Cooley & Keese,
j bus just elesed. A large number of pur-
I chasers were present, and the proceeds amount
to about $250,000. This is the largest Trade
Sale that has ever taken place in New-York.
The Ftßsr Frost.—The Boston Traveller,
of the 3d inst., thus refers to the “first of the
season “There was a slight frost to be seen
in some of the low lands in the country towns
in this vicinity early this morning.”
i Result of Cheat Fare.—The receipts on
the New-York and Now-Haven Rail Road are
becoming enormous. For the three days
ending September sth, they have amounted to
the sum of $6,012—0r $2,000 per diem.
Explosion. —By an extra from the office of
the Savannah Republican, dated Sept. 8, 6 p.
m. we lenrn that a private letter has been
received in that city from an officer of tha
Army now at Fort Brooke. No names were
given, and we hope, therefore, that none of
the officers of our gallant Army are among
the sufferers.
Tampa Bat, Sept. 1. 1849.
The steamer Mary Kingsland burst her
boiler forty miles from Tampa Light; seven
teen men were killed and ten severely scalded.
One hundred and twenty horses and mules
were lost. The M. K. was laded with
Quarter Master’s stores. The Indians are
quiet.
Melancholy Occurrence.—We much r*
gret to learn that Capt. T. A. Dalyrimple was
shot and severely wounded, on Saturday last,
by Mr. William Hays, whoresides near Mil
ton, in this District. Mr. Haya been commit
ted to await his trial, which will take place du
ring the October Term. We forbear comment
ing on this unfortunate affair.—Lauransvilla
(S. C.) Herald, 7th inst.
Misinformed.—We are glad to learn tp
ths gentleman who inforned us of the
of Mr. Henry Ferguson’s Overseer,
rencontre with a slave we notice' 1
. mistake. The
Mr. F. Miles, instead of being dead,
tirely recovered from the effects of the woSM :
inflicted by the boylbid.
Murder.—Mr. Jesse Weatherford, who
lived in this Village, was shot on Monday
night last by a negro man named Joe, belong
ing to Mrs. R. Blalock, at her plantation about
3 miles from this place. The negro borrowed
the gun and (munition from a neighbor in the
name of his young master. But hia real ob
ject, as afterwards discovered, was to kill
another negro. Weatherford and two broth
ers went with the view of arresting him and
taking the gun from him. The party being
detached to await the approach of the negro,
Weatherford encountered him single handed,
which resulted in his death—the whole load of
the gun entering his arm and breaat near his
heart.
Mr. Weatherford was a quiet, peaceable
man, and went in search of the negro at the
request ot the negro’s owner The negro
made his escape and is still at large.—Edge
field Advertiser.
Restoration of the Hair.
IT The undersigned would inform the citi
zens of Augusta and its viaiaity, that he will visit
them, without fail, on the 15th instant, at which
time ho will bo pleased to have the names of all
those who wish to employ hie services in ths
way of RESTORING THE HAIR; none
will be received after that date, as ho contem
plates leaving on the 23d instant, to fulfil ether
engagements. He will experiment on one
for a shorter time than six to eight days—time
untnully required by the undersigned to fully
test its efficacy, and which will certainly pre
dr A THICK HEAD OF HAIR. I have
■ver failed in restoring Hair, but in two
cases, one of them was a very aged person ;
with tho other, I did not have sufficient trial.
The undersigned flatters himself ho will be able
to succeed in any case ; at any rate, ho will exact
no pay if unsuceesaful.
All names must be left at the Constitutional
ist Office. M. WISE,
Sept 11 Os Rockingham co. Va
The Comity Jail of Burke
WILL bo ottered for sale at public oujery, be
fore the Court-house door in Wdivnesbo
rough, on the first Tuesday in NOVEMBER
next. Terms made known on the day of tu | s
8. P. DAVIS, J. 1.C.8. C. i
E. PALMER, I. I.C. B. C. ,
J. W. CARSWELL, J. I. C. BjC
J. A. SHEWMAKE, J. I. cTj! C
W. W. HUGHES, J. I. C. B. C. ’
sept 11 W 4
WANTED TO HIRE,
A GOOD plain Cook, Washer and Ironer,
for a small family in the country, either for
ene month, till Christmas, or longer, if she
plearne the employer. A fair price will be given,
and paid monthly if required. A Boy or Girl, of
10 or 12 years old, would also bo taken with the
woman. For particulars call on the Editor of tbe
Republic, or Messrs. Grenville & Batty, of Au
gusta. 2 sept 11
JTThe Chronicle and Sentinel will copy twice.
A I>A7IS, ll(>l’Kiys & €O.,
Warehouse and Commission
MERCHANTS,
AUGUSTA, GEORGIA.
WE would respectfully announce to our
friends and the public, that we will still
continue the WAREHOUSE AND COMMIS
SION BUSINESS at our old stand, coiner of
Campbell and Reynold streets, in the city of Au
gusta.
We have also established a Commission House
in Savannah, under the style of F. T, WILLIS
&, CO., and can therefore (il desired) give our
planting friends the advantage of both markets.
The Savannah house will be under the superin
tendence of Dr. Willis.
All business entrusted to onr care will have at
tention. Orders from our friends for Goods will
be promptly executed. "■
Liberal advances made on produce in store.
Our charges will conform to those of other houses.
ADAMS, HOPKINS &, CO., Augusta,
F. T. WILLIS <$ CO., Savannah, Ga.
•ept 8 tw&w6m
Warehouse and Commission
Business.
PHIJ’VBZY <k CLAYTOM.
THE undersigned are now prepared forffiro
reception of Cotton and other
1 i ■ -II -*“•
them. With agreat desire to please, ancrtiyjj’nis’
attention to business, they hope to merit a slllftv.
of public patronage
FERDINAND FHINIZV, EDWARD F. CLATTON,
From Oglethrope, From Clark.
N. B.—Our Warehouse is the spacious and
Fire-proof one formerly occupied by Stovall &
Simmons, on Broad street.
Augusta, Sept. 8, 1849 6mtw&w
WARREN SHERIFFS SALE-Will b o
sold on the first Tuesday in October next
before the court-house door in Warrenton, Warren
county, within the legal hours of sale, one tract
ofland containing four hundred and sixty acres,
more or less adjoining lands of Dr. C. T. Lynah,
and others, generally known as the Ephrain Joy
tract ofland; levied upon to satisfy a fi. fa issued
from the honorable the Superior court of Warren
county at the instance of Jasper M. Gondor vs.
Willian Hill. Property pointedout by defendent
EDWARD SHURLEY, Sheriff
Sep. 1
EXECUTOR’S SAXE
Os Lnrge and Valuable Real Es
tate in Wilkes County,
yY’ ILL he sold, before the Cou't-house door
' in Wilkes county, ou the first Tuesday in
iVEMBER next, within the legal sale houra:
One iraet of Land, containing six hundred and
seventeen acres, more or less, belonging to the
estate of Elizabeth Thomas, and known as tli»
Watkins tract.
AIM,
One trast, containing fourteen hundred and
rixty-five acree, more or lees, belonging to tha
same rotate, and known an the Mill tract
ALSO,
One traet of Land, containing three hundred
and fifty-five aeroe, more or lees, belonging to
said estate.
The above Lands are adjoining each other, and
near Mailorysville, in said county. Plate of the
same can be seen at the Hotel of R. 11. Vickers,
and at Thompson Corbin’s sear the Lend.
ALSO,
One hundred and fifty acree, more or less,
known as the Thurmond tract, belonging to the
same estate.
The same sold ia pursuance of a decree of the
Honorable Superior Court of Wilkee county, at
March term last, on a credit es twelve mooUK
JAMES MARKS,
Ex’r. es El«abeth Thomas, dW<L
••J* A H
3