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(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