Newspaper Page Text
T»IEA tre ox Fire. Presence of Mind
| During the Performance of tlie .‘Married
1 Rake at the Trenmnt Theatrtou Friday
evqping, iiiiinediately upon the exit of Mrs
Barrett in the supper scene, leaving Miss
Mcßride and ‘Long George’ on the stage,
fee latter in opening a door ‘in flat,' found
it obstructed by a wing in the rear ofeit,
which he shoved out of the wav — not
perceiving that in so doing he had ijpset
the hglits attached to it and brought them
in contact with the floor and bottom of
the scenery. ► The light had fallen behind
the scenes and.the accident was not obser
ved by the audience generally, nor by
those behind the scenes ; indeed we be
lieve that it was unnoticed by all hnt three
or four individuals in the pit.
the half inch space maintained by the
lers, between the bottom of the scenery
j. ill flat and the lloor, they observed t 1m-
lights in apparent dangerous proximity to
the combustible scenery, but supposing
those behind would attend to it, said noth
ing until the incipient flame hurst from
the bottom of the painted canvass in sev
eral places, and it became apparent that
the people on the stage, were* entirely ig
norant their danger.
I'll cry fire and let the audit nee know
their peril!' exclaimed one of the few
who had noticed it, much agitated.
‘Not jor irorlds !’ said a gentleman who
sat in front of the speaker, rising quickly
*and grasping Iris arm. ‘.l /unite at tin.
moment is wore to be tlritith and than thtflre !
Keep stilt, Tl/Jie it.’ Then fuming and
raising his caueto catch the eye of Mr
Barrett—who was rattling away in char
acter—he pointed to the burning scenery
and said very cooly, ‘ (•corgc, your scenery
t is on Jin
(jfeorge observed it, and with the grea-!
. left self possession, went to the wing and
ordered water to be brought. 11 did'nt
l£omequick enough and the fire, though
small indeed was fast increasing, when,
Mr Barrett, with great presence of mind,
settled the difficulty at once, In seizing
. from the supper table a decanter of stay:
trine, and on the pnnrijdr that a stitch in
time sens i.iftr emptied it upon the flame
to its utter extinguishiriei.it. Miss Mc-
Bride and Mr Barrett then instantly pro
ceeded with their acting as undisturbed
as though nothing had occurred, nml wore
loudly applauded !
It being the last night of his engage
ment, at the conclusion of the piece, Mr.
B. was called out by the audience, and
made a very happy and pertinent address.
[Boston Herald.
A Posr.n. The late King of Englaud j
was subject t > tits of abstraction in the
most numerous company, and uiider such
circuiyst;mcos would give utterance to!
the feelings of an lmnest hearty At the j
time Talleyrand first (fame* aver ficrc as’j
Ambassadors, he was one day dining at |
' St. June's with most of tlie foreign Am->
basSadors. * News had been received that
jiCasimir l’cfricr was lying dangerously ill j
with the cholera. The first words llfej
King uttered tit the table was to ask Tal-j
levrand w hat was the last news of Casimir
l’errier.
‘lleis dying, if not dead, your Majcs-j
ty,' he answered in his sepulcharal voice.
The King sighed heavily, and remain
ed silent at first ; but presently be bpgtin
saving to himself, ‘Whatapity.wiiat pity !
*fhe only trulv honest statrsman in France j
dead—the only man capable of ruling
suclia pick of sun ruinary rogues. Is ii
■notfso V .added the King, suddenly turning)
to his nearest neighbor, the Baron do
N—. ... t
* The latter diplomatist, much emharnm
sod. looked unutterable things and unit-'
torn! unintelligible ones. Tiie whole:
corps di’doniatiqne, not daring to look at
one another, looked down on their plates,
bursting with scarcely i iprc-ffhle laugh
ter, and Tallevraml s spo*m worked Iron;
hissoup plate to his mouth as rapidly a- 1
tlie paddle of a high procure steamboat.
Caution. .Nutmeg, in large do>es. is a j
virulent poison. 'J’lic writer has witnes
sed the effects t.f it in two instances. The 1
first case last -pring—tlie second 1 a t e
vening. The fir t was a voting unmarried
lady of rather feeble health. The second
was a young unmarried lady of a perfect
ly sound constitution and sound health.
Tlie first ate one whole nutmeg—the
second one and a half-—to use her own
language, ‘good fat ones.'
Symptoms. S olden and alarming agi
tation ol tie ihi-,uus system —niinilinis'
of the tongue and face —iutuh raMe dis
tress ill tin eyes—de-crilx and u> a sens.ition
of whirling or viftiont misting—death
like sickness at tlie stomach, and faint
ness—intolerable vertigo, ringing in the
ears—and the most intense mental agonv.
The stomach is rende red almost perfectly
insensible to the action of tiie most slim-;
ulating emetics: Tins is a very imperfect j
snetch, but enough has been sMd to warm
the reader to be careful haw be*-eats nut
megs quantities. Cloves, oil of
Peppermint, Spear mint,Tansev, ’ 6c., taken
• in large doses, are often attended with dis
astrous consequences.
March of Improvement in Ironing.
It is sa«i that in the town of Marblehead,
Iha girlsha*e mad£ improvements in iron
ing which, beat the steam engines on coin
mrw> ail hollow ! They spread out
all the efothes on a smooth platform, and
fasten the flatirons to their feet and skate
over them, ad libitum. This is combining
the recreative with the useful and orna
, mental, .*
Johnson, the Lcxicogfaphor, once
made a l>ot with Boswell that he could go
into the fish market and put a Bijlingsgate
! woman in a passion w ithout saving a word
jlhat she could understand. We do not
jnappen to have the original version of the
i anecdote by us, and shall therefore, tell
the st ory in our own wav. ’Fhe doctor
commenced by silently indicating wi th
his nose, that her fish had passed the
state in which a man’s olfactories could
endure their flavor. The Billingsgate la
dy made a verbal attack common in vul
gar parlance, which impugned the classifi*.
cation in natural history, of the
mother. The doctor answered—“ You
are an article, madam.” “No more an
1 article than yourself, vou bloody, misbe
j gotten villain!” “ You are a noun, woman!”
■ on—vou—you,” stammered the wo
man, chobkod with rage at a list rtf titles
i she could* not understand. “Vou are a
pronoun !” The beldame shook her fist
!in speechless rage—“ You are aver
adverb—an adjective—a conjunction—a
preposition—an interjection’” solemnly
j continued the doctor, applying the liarm-
I less epithets at proper intervals. The
j nine parts of speech completely conqner
i ed the old woman, and she dumped down
hi the mud, crying with rage at being thus
blackguarded’ in a set of unknown terms,
which, not understanding, she could not
j answer. [Times.
London and Birmingham Rahway.
Tlie rail road from Birmingham to Liver
pool is now in regular operation ; that
iroui London to Birmingham, which is a
more expensive undertaking, is nearly
ebmpleted. The first portion of it from
London, extending beyond Watford, was
opened early in July,and a further por
tion, extending sixty miles, was opened
the Ist of August. The fare from Lou
don to Birmingham, for the first class of
passengers, it is said will be 23 or ‘J t shil
lings. A London paper gives the follow
ing particulars respecting the cost and
| construction ol this road. The cost of
levelling, excavating, tunnelling, &.c. a
verages .iViU.tKJO per mile ; one mile a
lone, cost .<.'300,00'), in consequence of
the extraordinary obstacles which presen
ted themselves. The grand entrance, or
portico, at the hack ot Eiislon-imuarf,
will not be completed under TBit,ooo.
The masonry at the mouth of the tunnel,
by Primrose lull, will cost T 7,000. It is
composed ot the finest l’ortlaud stone,
and when finished, will have very hand
some eff Tt. Tiie blocks ofgranite upon
which the iron rails rest lor a considera
ble potion of the line, are u guinea a .
pair. The total amount of capital inves-j
ted in this speculation is upwards of se
ven millions. Win n about (lit miles of
the line are completed, two classes oi car
riages will tain : the speed of the first
ctiiss wtll average BO miles per hour, and .
of the secoifd, 18 or 20. At Birming
ham the t*oad is connected with the line I
recently opened to Manchester, ami,;
when tiie whole is completed, the journey |
from London to Liverpool, will he perfor
med in iS 1-3 hours. On the trains arri-1
viug within a utile ot London, the locom
otive engines are to he taken off, anil a!
rope, worked by stationary steaiu-machin- i
ory, is to be attached to the carriages,and
thus they will he wound up, as it were, to
the place of their destination.
Nr.w Method or Engraving. —A
new method of etigrav ing, hits been dis
covered by Mr. John Burnet. We do
not mean that any of the effects which hi
ts enabled to produce by t Ins new proves
are finer than could have been produced
heretofore, hut simply that they are admi
rable, and yet that the price at which In
can otter copies in the public is so small
as to bring works of the highest class of
an within the reach of all tint the very
humblest classes. What, for instance,
will the reader say to a series of engra
vings from the Cartoons of K itt’aelle, the
paper of each to Lie of the finest quality,
and of tlie size of 3 l niches by “I, and
the si/.e of the prints only accorduig to
the shape of the original, each to lie sold
tor lour shillings instead of four guineas!
The thing is scarcely credible to those
who know that probably f>o per cent, is
the allowed protit to tin; trade, that .30
percent, of tin- remainder is the expense
of the paper ami the printing of cacti sin
gle engraving, and that not more than
one shilling therefore can remain to re-
numerate the artist 1 \Vc have seen on
ly one of the proposed series—Paul
preaching at Athens ; the style of winch
is broad, hold, and admirable, superior,
in our opinion, for all artistic purposes,
to the over-wrought works of Holloway.
Copies W this work, framed in the chea
pest possible manner, like an almanac, if
the economists so desire it, ought to be
lmng up in every school-room and every
Mechanics lnstiiute*iii the kingdom. Here
jis a myiafts of education otiered which
| costs nothing either of money or time;
! and it-would make itself felt now or here
after, not only in its moral and humani
i zing influence; but in the arts and manu
factures of the country. We earnestly
j hope that this subject will be considered
worthy of attention by all whose voices
are potential for good or ill in the con
duct and management of such institutions.
[AthenaHim.
A Gnur Shot. One of the Western papers
expresses some surprise that Mr. \\ ebster,while
I attending a deer hunt Urwhicb he had been in
i vited, seized a rifle and brought down a young
I doe from a great distance. The editor was
not probably aware that Daniel is one of the
bert shots the whole country affords. No)
BRUNSWICK ADVOCATE.
j on* in 20 of th" fefd Buckeyes of
I the West, could RemT* bullet with a truer
aim. He has been known to bag a snipe so
small, that you would not suppose his large
black eve could see it, from a distance of
twenty rods—fair measure. [ Tints.
' Til i: A U VO( ATJE.
BRUNSWICK, (G a. y OCTOBERS. 1837.
- ----- =3s
Tiie Georgian and its Pa.negyrjHU. In
our last paper we noticed at some length the
preposterous arguments used by tlie Georgian
in regard to the health and business facilities
of Savannah. We attempted to prove that her
position was such as to incapacitate he. from
ever becoming such a commercial city as the
South requires, and will eventually possess.—
Were all other facts wanting, we think it
wiil require mueli ingenuity, to reason away
the force of tlie argument derived from the
passage of much of the produce of Savannah
river to Charleston. Why is it, if Savannah is
capable of transacting tlie business of the Great
West, that the products of her own river all
pass by her w harves, and seek a better market
in Charleston. For a century she has had op
portunities offered her by nature, and yet she
lias not been able to avail herself of them.—
Rail Roads are no better than rivers—and if
all the roads in the country should centre in
Savannah, if w e may reason from experience,
tlie business would jiass to Charleston, anil
the Northern cities. If Savannah bn incom
petent to transact the business ofter own riv
er, how shall she be able to control that of tlie
great West.
The same motives which induced tliermoil-
I ost Editor of tiie Georgian to bestow such an
| eulogiutn on his city, we w illingly admit influ
| mice our conduct; we desire to see Brunswick
| advance, and shall use all honorable efforts in
her behalf. But the publication of the truth,
and deductions and inferences drawn from it,
are tiiu only instruments we shall use., Tiie
superiority of Brunswick over every other port
in Georgia, Ae conceive to be in the accessi
bility and safety of its harbor—the healthiness
of tin; port, and its position oil the South of tlie
Altumaha—making it the point best adapted
for the Atlantic terminus of a Rail Road to tlie
Gulf of Mexico.
For the satisfaction ©f the Georgian, we re
publish extracts from the Report of tlie Coin
missioners appointed to examine into tlie pros
pects and capabilities of Brunswick. These I
gentlemen are tin* political friends of the Geor- !
gian, and we leave it for them to settle with |
that paper lor tlie opprobrium which it has at
tempted to cast oil all, who are disposed to fa
vor any other port, but that which to the mis- j
fortune of Georgia, has been so long ‘‘her!
only seaport.” But this title she will be allow- !
ed to arrogate for a short time only. At no 1
distant day, a communication will be opened j
between Brunswick and the interior, and tlie j
Georgian will then learn that a healthy port, |
which shi|>s may enter or leave in three hours'
with a head wind—where sailors can be sale j
from sickness, and the population be permit- j
neatly settled, must and will take tlie trade of
tho .State. Every attempt to infringe upon!
the laws of commerce is an injury to tiie ag- j
riculturui interests which create that commerce j
and will in the mid prove fruitless. Tlie plan- j
ter will carry his produce to the market w hich |
pays him the greatest price for his crops, ami i
that market can afford to pay the highest rates, j
w hich is best situated in regard to ingress and j
egress, and contains a population unaffected j
by the change of tlie seasons. Cotton it is j
well known declines m demand and price, as 1
the sickly season approaches, and for very ob
vious reasons. But as we have no sickly sea
son in Brunswick to run away from, cotton will
at all times and in all months command a fair
price, can come tor loads at any season,
and bring return cargoes from Europe direct,
instead of being compelled to go to .New York.
Tins is one great cause of the present languid
state of Southern commerce. Ships during
the W inter season carry away her products,
but dare not return with tlie proceeds—they i
are obliged t-> make New York its resting;
place, until the season of death has passed.— |
The consequence is that New York transacts !
the importing business of the South. And this
she will continue to do, until a Southern port
shall hold out equal facilities, and when that
shall be found, .the laws of commerce, to which
there is no change or shadow of turning, will
at ftice create this the Emporium of the South.
We will close for the present by furnishing
the Georgian with the opinions of the Commis
sioners expressed in a Report which met the
approbation of the Legislature ot the State. !
The first and most important inquiry for tlie!
people of Georgia is: Have we within our
o" n State, an outlet for our immensely valua
ble productions, and an inlet for hie foreign'
necessaries and luxuries of life, that may b&,
made to vie with the large sea ports in other
{states' that may enable us to command thej
lily best prices for the- fur me r, and obtain the&ri-;
ter at the cheapest rate to the planter and fee 1
farmer? Your Commissioners do not hesitate
to answer this question for tlie people of Geor
gia in the affirmative. In the town of Brun
swick properly connected with tlie interior,
we could have a commercial emporium that
| might rival any on the Atlantic coast, south
of Baltimore. The only obstacle now exis
i ting to tlie connexion of this noble port with
fee heart of Georgia,and wife the great wealth
and densest population of the State, is the
narrow slip of land, of little over eleven miles,
between Turtle river and the-Altumaha; and
this obstacle, we have already stated, can, in
our opinion, be overcome by the trifling sum
of from 850,000 to 870,000. But suppose it
should cost *IOO.OOO. tlie expenditure is a tri-
He in comparison With the immense advanta
ges it would yield not only to the Treasury of
the State, but to the great body of the people.
„ That the immense product of our soil year
ly descending our rivers, and transported in
w agons, should pass by the wharves of Darien
and Savannah to goto CharleHon, in another
State, at a heavy expense, and our supplies re
turned by tiie same circutious and expensive
j route, must be humbling to tiie State pride and
• patriotism of every true hearted Georgian.
Georgia at tins moment presents the specta
; cle of a robust man, rich in the vital fluid, sub
mitting to have the veins of both arms open
! ed, and bleeding to death ; while, by the ex
-4 ertion of his own strength and enel«-v, he
! might save himself from destruction.— sfa van
nah we fear is prostrated by the completion of
•Charleston rail-road to Augusta. Our pro
duce already goes by her wharves, because
; the farmer and merchant can get better bar
gains in a foreign market. All the produce
on tjjat noble river, which goes to Augusta, is
eventually destined to Charleston. On the
other side of our State, the rich country a
) long the Chattahoochee is draining its products
j into Florida.—While we are thus losing the
: advantages of our trade on both sides of r the
State, the hotly of the State is perishing, or
finding a scanty subsistence, abroad, for"" the
i w ant of that commercial nourishment at home
i which tlie resources of tlie State and the cap
! ital of wealthy individuals in it are amply suf
! ticient to supply. Under this state of tilings,
j for the want of one manly and vigorous exer
tion, we shall soon become like North Caroli
j nu, tributary to our sister States.
Open the Port of Brunswick to the interior,
and the enterprise of seamen will soon bring
the ships there ; and your cotton, your grain,
your sugar and every other article of home
production w ill go there, and the merchants of
large capital wall soon find it to his interest
to invest it in Brunswießi The commerce of
j these rivers, and the trade of the whole inte
! rior of‘Georgia, belong by nature, to some sea
i port on our coast. Let the most eligible, and
the best be selected. Let no sectional jeal
• ousy impede the enterprise. Such a sea-portg
w e think, Brunswick might be made, being
decided of opinion, that it affords advantages
I for a large commercial city, if no superior, at
least equel, in every respect, to any on the south-
ern Atlantic coast of the United States, and
decidedly superior to any in Georgia.
Georgia has not a moment to lose in re
deeming her own commercial character in sa
ving to her treasury, to her merchants, to the
whole agricultural, professional, and mechan
ical industry of the State, the great blessings
Jto be derived from her ample resources. Pat
i riotism, Stste pride, pecuniary interest, all de
mand, that the great wealth of one of the fi-
I nest portions of the w orld, should be so nmr
i shalled as to increase our own domestic pros
perity and happiness, by cultivating tlie means
J which the bountiful hand of indulgent Provi
! deuce has placed so entirely within our reach
j and under our control.
| The Federal Union some weeks since
! tained a reply to the enquiries of our corres- j
pondent. Not being particulaijy pleased with j
| its tone, we did not publish it “Volunteers”
furnishes the requisite information, and will I
doubtless satisfy those who feel an interest in j
the question. The Florida War, we observe,
has already been brought before Congress, and
an investigation will undoubtedly be had into |
its management Such a course we are con
fident must establish the foresight of General}
Clinch, and bring home the conviction that bail.
his advice been followed, this inglorious War
would have terminated long ago. It will also
t expose the causes which procured the removal
of this gallant soldier from the command of the j
troops, at the time he had proved himself w orthy j
of the trust. Gen. Clinch, Gov. Cuss, and'
Gen. Call have appealed to the public for jus-.
titicat ion of their conduct; for one we consid- j
er the vindication of Gen. Clinch as co.nplete,j
and regtvt ti iat the country should have lost
the services of such an able officer.
.Mr. Editor,— Sometime since, an inquiry!
was made through your valuable columns, for
the reasons why tlie Glynn and Camden Vol-
unteors, late in the service of the U. S. in
Florida, were not paid. i
Being well acquainted with the circuaff,
stances, I will briefly state that every exertion
has been made by tlie Captain commanding
; those Volunteers to have them paid. He can
at any time show a correspondence between’)
j himself and the Army Paymaster at Augusta:
; and subsequently, one with the Comptroller
General of this State, from which it will be
l seen ting, in tlie first, objections were made to
t the Volunteers-not being regularly mustered
[ out of service —and in the last, that tlie act of
! this State does not provide for the payment of
Volunteers regularly mustered into the U. S.
Service. There is no doubt these Volunteers,
(the first from Georgia, together with those
from patriotic Richmond, under the standard
of the gallant Clinch.) will soon receive their
pay: at least everything is now in a fair train
to accomplish tlie same ; and although repeat
edly foiled in his just demands, the Captain’s
j efforts arc still untired, as he is aware nut only
j of tiie justness of the claim, blit the sendee it
wdll render many Volunteers.
Camden County.
Oglethorpe House. This establishment,
binder tlie charge of Capt. John we
| believe gives general satisfaction to visitors.—
! Every erihrl is made by the” landlord, to famish
i his table with alt the market affords, anil, we
can safely say, we have fared much worse at the
fashionable hotels in the Northern cities, both
as regards the table and accommodations gen
erally. An impression prevails that there is
no stable to tlie House. We assure those at
a distance, they will find every conven
ience here for “mail and beast.”
. ae_
The Palmetto Road. An avenue has
• been opened ataSuch expense by the Company
. from Purvis’ Point to the Hotel. The road
' saves at least half a mile in distance, and as
i much more in point of comfort, oc it has been
constructed with much care and is equal to
any road in tlie County. Visitors to Brunswick
w ill find it altogether snperior to the Public
Road.
PUBLIC MEETING*
At a meeting of the citizens of Glynn holden
at Brunswick, on Monday, the 2d of Octoter,
Col. Henry Dubignon was called to tlie chair,
and J. W. Frost, chosen Secretary. On the
motion of F. M. Scarlet, tlie Chairman nomin
ated a committee of three to present to the
meeting the names of two individuals, to rep
resent the County in the Augusta Convention,
which committee reported tlie names of
THOMAS HITLER KING,
GEORGE HOUSTON,
! who were unanimously accepted. The fol
: low ing resolution offered by F. M. Scarlet was
1 adopted. **
| ‘'Resolved, That the Delegates from this
County, be instructed to present the claims of
Brunswick to the consideration of the Conven
; tion.”
It was then / otetl, To publish the proceed
, mgs in tlie Brunswick Advocate, and the meet
ing adjourned sine die.
HENRY DUBIGNON, Chairman.
J. W. Frost, Secretary.
To the Editor of the Brunswick Mvocate :
In your paper of last week, there is a com
: inmiication signed “Public Rights” in which
that gentleman attempts to show, among other
| tilings, that the land called the Brunswick
Commons belongs to the people of Glynn
—to the Academy or to the town of Brunswick,
lie does not seem to know to which. But he is
quite certain that Mr. Thomas B. King has
done the people a very great wrong by “run
ning up” these lands and he states without rea
sons that tho commons w’ere not vacant at tlie
time Mr. King laid his head rights upon them,
& c.
j Without noticing tlie gentleman’s flourishes
! orstopping to answer all his fallacious and
| nonsensical arguments,-! shall proceed to ex
amine his “first question” which he says “is
really the most important point at issue;” “are
the commons of Brunswick vacant lands.”
1 purpose to show that these commons werej
. vacant hinds before Air. King run them. JF!
admit, however, the gentleman’s argumewj*]
| that if they were not vacant no one had a riglit]
j to mn them ; but Ido not admit that the “bur-
I den of proof,” rests with tlie persons running
I them this position is too absurd to require refu
tation. However, as the gentleman says “we
| require proof and not arguments,” I w ill en
i deavor to furnish some “which may not he vc
,ry p datable to them. Mr. “Public RightiL
I says—vacant lands arc such portions of the flfll
j main of tlie state as have not been appropria : -•
ted by the competent authorities to |he use of
individuals or for public purposes” and that
‘the proof of the appropriation is to be found
i either in the original grant” or “in the statutes
of the state.” This is certainly true. The
■ gentleman does not pretend to claim these
! commons under nny grant—the title he sets
up he says is derived from the statutes of the
state, should this fail, his claim must of course
! 'a lost. 1 will now proceed to examine the dif
jfeent a.itues of tlie state respecting the town
I and commons ot Brunswick and to give such
: extracts from them as have any bearing upon
the question under consideration. Had Mr.
! “Public Rights” given all tlie law he would
have sued me some trouble. I presume, how
ever, that he did not w ish the public to know
■the whole truth. Tlje jyfestion is, had tlie
state yielded or parted with the title to these
I lands before Mr. King run them; in other
words were these lands vacatjJ*.? ’
f The town of BrunsuiekWas laid out by
i some persons during the time of the colonial
' government, but it was never incorporated, nor
was ever any law passed by that government
respecting Brunswick or the land called the
<Bruswick commons. The persons who laid
out Brunswick called all the lands lying near
the place,commons, and no doubt they intended
! to have the town incorporated and these lands
given, by the government to the corporation,for
the useot the town, but this was never done
j and tlie title to these lands still remained in
the state.
The first law to be found q,mongthe statutes
of Georgia respecting Brunswick or the Brun-
I swick commons m the following.—“An act for
appointing commissioners for ascertaining the
boundaries of the towns and commons of Brun
; swick and Frederica in the county of Glynn”
passed Feb. 21, 17iHi. This act appoints five
commissioners and enacts that they shall have
power to lay out the town of Brunswick to o
pen tlie streets, and have the lots staked off &.c.
They are also directed to have the commons of
tlie said town resurveyed and an acurate map
I thereof together with a plan of the town retur
ned to tiie Surveyor General’s Office with:n
two months after the passing of this act.
Tna second SecUon directs tiie commission
ers to advertise their proceedings and to levy
a tax of one dollar on each lot to pay expences
i &c. The third section directs the commission
ers to sell all lots upon which the tax has not
been pajjl &c. The fourth section is in these
words—“And be it further enacted ; That the
\ Oommtsstoners shall have power to rent ‘or lease
the whole or any part of the said commons of
Brunswick as to them may be dei med best for
the SPEEDY SETTLEMENT OF tue said town
of Brunswick.”
i The sixth section enacts —that any person
or persons who may attempt to run any part of j
tlie said commons or town* of JBnmswick or (
Frederica, Ac. 6hall be liable to a fine of five
hundred dollars to be recovered in the Supe
rior Court of said County &c.
i The next law respecting the Brunswick
commons was passed Feb. 13, 17!>7. This
act directs the Commissioners of Brunswick to
sell five hundred acres of the said commons of
Brunswick in fifty acre lots and to make titles
to the purchasers Ac.—one half the proceeds
to be applied to the use of the Academy and
the other half to the use of the Court House
and Jail. The Legislature in 1814 passed an
act appointing new Commissioners for the town
and commons of Brunswick—the last section
ot this act repeals all former laws appointing
Commissioners for the town and commons of
Brunswick, and consequently the law of 1796
is wholly repeated by this act
The next act respecting tlie Brunswick com
mons was passed Nov. 30, 1826, —it is—“An
act to alter and amend an act, entitled an act
for appointing Commissioners for ascertaining
the boundaries of the towns and commons of
Brunswick and Frederica in the County of
Glynn ; passed Feb. 21st 1796. Be it enacted
Ac. That Robert Hazlehurst, James H. Cou
per, Charles C. Cooper Ac.—be and they are
hereby appointed Commissioners for the towns
of Brunswick and Frederica and they or a
majority of them shall have power to lay out
the town of Brunswick aforesaid as nearly as
possible to the original plan thereof and cause
the streets of the same to be opened and the
lots plainly marked or staked off: and shall al
so cause the commons of said town to be re
surveyed and an acurate map thereof together
with a plan of said town returned to the Sur
veyor General’s Office in twelve months after
the passing of this act, there to be recorded.
Section 2d And be it further enacted. That
the above named seven Commissioners for the
town and commons of Brunswick be and they
are hereby authorized and required to carry bdo
full effect all the provisions and intentions of
the law of 17!k> so far as relates to the towns
and commons of Brunswick and Frederica.”
It will be perceived that this last act only re
vives the act of 1796 so far as the commission
ers can carry its provisions into effect—that is
—they are required to perforin all tlie duties iin
posedupon tlie commissioners by the act of
1796 and nothing more, otherwise this would
'hot have been an act to alter and amend that
aftt * consequently that part of the act of 17!Ki
which declares that persons who may attempt
to run the commons, shall be liable to a fine of
five hundred dollars, is not revived. The law
imposing this fine having been repealed can
not be revived by implication nor in any way
except by an express enactment". No Court
jurisdiction of common law'to assess this,
fine, the Court cannot therefore act in the matter
without express authority and no authority be
ing given by the act of 1826 to any Court the
fine cannot be collected- But even if ffie fine
could be collected it would not, in the least,
vitiate the grant of the state to Mr. King.—
The act of 1822 has no bearing upon this
question.
In 1835 the Legislature directed the Com
missioners of the town of Brunswick to sell
tliree hundred acres more of the town commons
in five acre lots—to make titles to the purcha
sers and to apply one half the proceeds to tlie
support of free schools under the direction of
the Trustees of the Glynn County Academy
and the other half to augment the funds of said
Academy. The prooceeds of this sale amoun
ted to more than fifteen thousand dollars-
The above acts of the Legislature contain
all the laws to be found in the statute books
having any bearing upon the question under
consideration.
“And now” Mr. “Publfe Rights” “with these
acts before you and particularly” of 1796 1797
and 1835 how will you prove your position
that this land was not owned by the state and
vacant ? Before you can do so you must show
some law not recorded on the statute Books of
Georgia.
In 1796 when tlie Legislature appointed a
gents—for these Commissioners were nothing
more nor less than agents of tlie Legislature
and liable to be removed at any moment and
directed these agents to survey these,commons
and to rent or lease them to promote the spee
dy settlement of Brunswick —in 17! *7 wdien the
Legislature directed these agents to sell at
public sale five hundrnd acres of these com
mons of Brunswick and make titles to the pur
chasers—in 1826 when the Legislature appoin
ted the gentlemen last named Commissioners
of Brunswick and directed and required them
to carry into full effect the law of 1796 and in
18753 w hen tlie Legislature directed these same
last mentioned agents to sell at public sale
throe hundred acres more of these same com
mons.—where, let me ask and in whom was
the title—the fee simple to the Brunswick
commons ? was it in the Commissioners of
tlie town and commons of Bmnsw'ick ?—was
it in the town of Brunswick ; was it in the
people of Glynn County ? was it in the Trus
tees of the Academy ? Because if the title
to these c ammone were in either of or ajl the
above mentioned parts every act ctf fee leg
islature, above retered to, is null and void
a»d the titles acquired by purchasers under the
acts of 1797 and 1835 are also void and worth
nothing ; and the party hcddidg the first title
from the state can at any time recover tlie
land sold by virtue of tlie above acts.
Since any thing has been -known of the
Brunswick commons the Legislature has exer
cised all tlie rights of ownership over them,
by appointing agents to-rent them and to 1