Brunswick advocate. (Brunswick, Ga.) 1837-1839, December 21, 1837, Image 2
SUPERIOR COURT—-GLYNN COUNTY.
November Term—lß37.
Tn offering to his Honor Judi*e Henrv, the
usual compliments, on meeting him for the first
tim". tinder the new relations which exist be
tween them, the Grand Jurors of Glynn Coun
ty, would express their thanks to him for his
Hear, comprehensive and valuable address to
them, and would respectfully request that it be
published in the Brunswick Advocate and one
of the Savannah papers.
They have pleasure in stating that they have
no presentments to make.
J. HAMILTON COLTER. Foreman
A. DELAROCHE.
SAMUEL .NT. ISCUXETT,
JAMES C. MAN(.II AM,
JOHN UIGNILLIAT, Jr
GEE DUPiIEE,
JOHN PILES,
JOHN ANDERSON*.
WILLIAM MOORE,
H. CIGMLLIAT.
ROBERT S. PILES,
1* DART,
J. A. BLUR IE,
S A HOOKER,
HUGH FRASER GRANT,
V. WOOLLEY,
JAMES MYI'.RS,
JOHN GIG Nil,LI AT,
CHARLES D l B! GNON.
.Ur. Foreman and Gentlemen of the Grand Jury:
\\ r e meet to day for the first time, in a dif
ferent station from that which Ims heretofore
ex.s'od between ns. The high trust of adtuin
i«t.ving the public Justice of your County, hns
been committed to him who now addresses
von, and he enters upon the discharge of the
duties of that trust, under a full sense of their
nature and importance, and the responsibility
which they impose Upon him.
The duties gentlemen, which you are this
dav called to discharge,are no less-solemn than
rm-oitant. and you have bound yourselves for
their faithful discharge, by the obligation of
on oath. I rider the oath, which has just been
administered to you, you are now constituted
by our Law, not onlv a grand Inquest for your
countv; but a special Jury for the trial of all
cases of Appeal; and co-chancellors with this
(Mart i;t the determination ol all causes which
muv he submitted to you, which involve the
p.ectili >r principles of a Court of Equity, You
cann it fail therefore, from at once perceiving,
that ti'.o duties which are thus imposed on you
hv Law, as also the obligations arising from
those duties, are of no ordinary character : that
they demand at your hands t lie greatest pa
tience and deliberation, in the ascertainment
of tacts, and the application of Legal princi
ples ; as well as n purity of intention and pur
pose in their discharge, not inferior to that,
which can be required irotn you in any other
situation of life.
I hav<‘ said, that under the oath which lias
been administer'-,! to you, you are :i-ov con
stituted n Grand Inquest for your county, an 1
in that character n • ,e particularly, it. is my
duty to submit to your consideration some gem
oral remarks, which may tend to aid you, in
the proper discharge of your duties as a Gratm
Inquest. I shall coniine the remarks I pro
pose to submit, to the n. it tire and extent ol those
duties, and to the spirit and manner in which
they should he discharged by you, both as it
respects the rights of the ft ate, as also those
of the accu“"d, and then bring to your notice
certain portions of the Penal Code which th"
Legislature lias required -should .specially In*
brought to y.attr ucticc at tne opening of every
term of thhi C iiirt.
Y.mr duties, gentlemen,as a Grind Inquest,
arc of tv-n kinds, The fir. t and most import -
cat is th:u of accusing vour follow citizens ol
the wilful violation of same known criminal
Law of your iv.ate. Tim second is the duty
of supervising tiie cor. luct and recounts ol the
public officers of your count), so far as the
same may have been committed to your cm
by some legislative enactment ; and it expe
dient. expressing your opinion ns a body, in
reliitmnto ary ii.e . -ures of a public nature, in
which your c m a y may be interested, and
which inayh.iv -■ a bearing on its general good
ord -r, woffare, cr pr<*spert*y.
1 i;ive remnr’te i that the most important ol
the duties which v >u are called to discliarge
in a Grand Inquest, is that of accusing, y.mr
follow citizens of the wilful violation of some
known cri.i.'P. i! Law of your State ; f>r it must
beman f’eVi t > voti tlvit unless the Law he en
acted or ' published there can be no wilful vio
-1 ..thm of it. When once pttblished orju.ri.de
k town, everv oiti .f it is pre.aimed to knmvbotli
its contents and re pnr-anems, and ignortmee
thereafter cuma he p’.i .led •; an excuse jbr
il l vi i*ati'in, Tie.s is true v ii• •:1.,-r tic* Law
be written or un-v.ut'en. The gn it end ot all
mmicip 1 Law is dm protection of the citizen
in his life, l;b *rtv, property and reputation, or
tiia sunpnv 'M bv means of punishment, ol
f.t * ciinms an 1 misdemeanors, which disturb
the public per:s? nul tranquility, and which if
lowed t j go impmtished, would eventually
ev- urn ;_..vernment itself. To all criminal
J,-..vs nen : hies have uniformly been nmi'-xed.
i. : rn ,>f winch is * i scruri* obedience to
ti,e Law. Ciimir.al Laws without penalties,
w.add be r.mre nullities. They would not ex
i . o ;V- least fear in the guilty nor deter from
- :• nec,'unless tit-execution or certainty
of the mini aliment was expected. It is the
execution of the penalty or in other words the
certainty of the punishment, which secures
the Law fr.Mi con-empt. preserves the public
peace an and i. r c ..I it'. ; and as long as man re
mains 11 io crcit'it- i.i'ii i-" i-a In-e in lurchoice
to obev or 1; ; '-y • Law. the public good
requires tint l;,'* sli->u!l tn- unde responsible at
the bar both of human, as well as divine au
thontv. for the abuse of ids free agency.
Gentlemen, there have been and-sail are
found those und» r evi ry form of government,
who, destitute of r.iur J jirinctjde. -i-eithcr fe ir
j;.rr G*-(! nor regard-ng man.” 'villully violate
thos- Laws which were made for the protec
tion and good of tlie whole. Some it is true
fall into crimes through ignorance, bad educa
tion, or sudden and powerful temptation
while otht-is instead of resisting temptation
resist conscience, and perpetrate these crime;
with every circumstance of coolness and de
liberation. Re this however, as it mav, cad
ha3 violated the Law, and as human Laws
can only operate upon the external conduct ol
man; wh#n the accusation is made againsl
him and founded on credible testimony, tin
public good requires that, the penalty shoulc
be enforced against each with impartiality
leaving the consideration of all mitigating ear
cumßtancc3 to legislative or Executive clem
eacy. But as every citizen in the eye of thi
act or intent, until he shall be proved to b
guilty, the Law equally requires that befor
tlie accused shall be called tißon to answer so
i!iat oivbivce, or suffer tha peualtv, the evidonc
of that criminal act or intent, should be made
manifest by clear, competent, and credible tes
timony. A rational doubt on this point is tan
tamount to an acquittal. Such, gentlemen, is
the nature and spirit of all criminal Law. The
great end to be gained by- its taitulnl admin
istration is, so secure the Law .from contempt;
deter from future disobedience; preserve peace
and good order; and if possible reform the of
fender himself. It demands as the penalty
-•tin* pound of llesb,” but in taking that jtound
of fie=h, it equally requires that strict Justice
should be meofed out to the criminal, and that
. not one drop of blood be illegally draw n.
The duty of accusing your fellow citizens of
! offences against the criminal Law of your State
is not nnfrequently a difficult duty properly to
Jbe discharged. And this arises no doubt prin
: cipally from the fact, that it is. upon cx-p.irtc
j testimony exclusively, that a Grand Jury is
| called to decide. It arises also not rinfrequeut
j ly from the real or apparent contradictions in
I that testimony, as* well as from the peculiar
! circumstances under w hich the offence was
committed, cither of cxcuipatiorfor of mitiga
tion. But arise from whatever cause it may,
there are rights guaranteed to the accused
which it is your duty most sacredly to protect,
as well os this Court. He has a right to ex
pect and demand nt your hands, as also from
the hands of this Court, a fair and impartial
trial, lie has a right to demand and expect
! that if a criminal accusation be made against
i him by a Grand Jury of the County, that it
should be founded on clear, competent and
| credible testimony, and that every fact or cir
cumstance which in"}’ be disclosed by that
I testimony, anil which in the eye of the Law
would go in exculpation or mitigation of the
- offence charged, should receiv e their serious
and solemn consideration, before they affirm
[ the accusation to he true. The right of a fair
, and impartial trial, whether civil or criminal,
is one of the most invaluable rights which we,
ins freemen, possess; hut to one accused of
i crime, it is of Ihe utmost consequence in every
| stage of the investigation; and if any thing
j can add to its value, it is the protection which
j the Constitution and Laws have thrown around
i the life and liberty oftlic accused, in order to
shield him from malicious or unjust am ti -ation.
, Unlike civil proceedings, the Coii.-tiuition and
Liw have provided that before a citizen shall
ha called upon to answer publicly for the
commission of the least criminal offi-neo, «
Grand Inquest composed «f not. 1< is than eigh
j teen of his fellow citizens, si li-cl-.l |i»r their
intelligence mul integrity, should first secretly.
Imt carefully, examine into the aceus itfon, and
' the ev iileuce upon which it is )ouur!r,J,and then
i pass upon the guilt or innocence of tn- accus
ed, by returning the accusation against Itmi
i true or false. In this preliminary investiga
jtiontlie character and credibility- of each wit
j ness is duly weighed; the motives of the prns
■ eeutor, whether good or bud, duly considered;
j and tints shielded and protected by the tirm
! ness, intelligence and integrity of the Gr it I
Jury, the accused is protected both in his per
j sou and eh iracter, from every accu i-ition found
i ed in personal malice, personal feeling, or pop-
I itlar prejudice.
; Gentlemen, you are tint tribunal which th"
Law lias provided for the purpose of protect
ing the innocent from Malicious or uniiuiti !c I
I accusation; and prcsm'iiig th" guilty as vvftr
:' ay ot’ tb it pii’.tisliment" liiclt die La inflict:.
which slnold actuate you lie impartial Ju
: In-th to the Stum end to the acciHi-l. Tie*
1 State demands from you nothing more than
I impartial Justice. The accu :-1 Ins u right to
J expect nothing further. la the expressive
language of that o itii " h-eh lias h.-i ii admin
istered to y.m, “jiresent no otic treat envy. In
! tretl. or malice, nor li'ivo any me utitwesent
-led from fear, favor, iiif ctioti, reward, or the
i hope thereof.” Such ts to- spirit an 1 fueling
1 and motive, with vvhicii you are required todis
; charge the duty, lint the manner in which it,
is t o hi* discharged is no less iaiportant, end de
serves from us a moment's consideration.—
' T!c;t same oath, requires tint, m reference to
‘every accusation winch shad be given yott in
( your charge by the prooeentittg offic-r on the
i part of the .State,-you dilig-'otly eaq'tire ai l
tintn t.at-* pi • •nt.uent m ike.” These wools
are full of meaning. “Diligently to enquire,”
is directly opposed lit any thing like a sloven
or hasty cnqiiiiy; aml 'true presentment to
j moke,’* is tin* very opposite of every tiling lila*
j a false or unfouiid- 1 uccus ition. (>n tins p•: iit
lof your duty, g*-ntlemen, tin* court thinks ami
i has ever thought, that a Grand Jury cannot be
too diligent in their enquiry after the truth, far
1 upon it, chiefly depends tint protection which
1 the Law intended to throw around the accused,
m otder to shield him fro. i malicious or un
founded iH-cusatioa. A hasty enquiry by a
Grand Jury has sometimes resuit-d in an im
liumJed aceus ition, as tie* tacts upon which it
was founded, have been disclosed upon sub-v
--! quent investigation, before a petit Jury. An
accusation pieferred by a respectable Grand
Jury, which is founded on insufficient and
doubtful testimony, gives a stab to the moral
I character of the accused which time itself c at
i seldom heal. It does him an injury for vvhicii
I tiie law gives him no redress, and it’perchance
1 the accused should be acquitted by th.* petit
Jury, the accussvion tints powerfully supported
, by the finding of a Grand Inquest, s'ill exists;
' it follows the accused through life, and it’ tin*
! disgrace of a pul-lie trial does not entirely
j blunt his moral sensibility, be is at least made
no better, and by possibility may be made a
‘ much wor e member of society. This is the
I reason as the Court apprehends, why the Law
jis so careful of the reputation and character
of all under its protection, in nos the accused.
For it requires you, under the solemn sanction
of your oath, not only diligently to enqu ire into
the accusation and the evidence upon which'it
j is founded, hut to present no accusation to the
j notice of the Court, unless you shall be con
- j vineed '.h it. it is founded on such legal testi
., mony as will establish its truth beyond the
.(possibility of any reasonable doubt.
-1 Diligently to enquire then, gentlemen, in the
: spirit of that oath which yon have taken, (as th *
,' Court apprehends) demands that you should in
>! the first place, carefully examine into tin* na
ture of tiie accusation itself, and satisfy your
i selves that the offence charged is embraced
s within some provision of the penal code or the
f Law of the land, at the tune it was committed,
t This you will do by reference to the written
: accusation which will be submitted to*you by
1 the prosecuting officer, termed the indictment;
, which w ill contain a technical description of
- the oflence, w ith the time and place when, and
- where, it was committed, as also by rel’erenca
e to the penal code of your State and tiie cotn
d mon Law of the land. For in criminal matters
c you arc jtidges both of the Law and tiie fact,
e j It demands in the second place, that you should
t j satisfy q,-ourselves that the witnesses who sus
e [ tain the accusation he competent witnesses
BRUNSWICK ADVOCATE.
that is, free themselves from a conviction of
tiny infamous offence. It demands in the third
place, that you satisfy yourselves that the wit
nesses be credible witnesses: for the credibil
ity of every witness is compounded of bis
knowledge of the furls to which he testifies;
his disinterestedness, his integrity, and bis ve
racity, and in proportion as these are clear and
strong, in that proportion is the degree of cred
it which his testimony is to receive from a
Court or Jury. It demands, in the fourth place,
that you carefully weigh all the evidence a
gainst the accused, and if facts or circumstan
ces shall he disclosed w hich would go in miti
gation of the offence charged, or in exculpa
tion of the accused, tint you should give to
such facts and circumstances, your serious and
solemn consideration, anil that v-u exclude
from that examination and the result to which
•oil arrive,all hearsay testimony. If then, al
ter a diligent enquiry, such as has been briefly
presented to your consideration by the Court,
the evidence in support of the accusation shall
not sat isfy your minds as to the guilt of the ac
cused, beyond every reasonable and rational
doubt, it is your duty to .ret urn “No Bill;” but
if such doubt, does not exist and all the facts
which constitute the offence be clearly proven,
it is equally your duty to return against him a
“True Bill,” which will place him for his trial
before this Court, and where a verdict of con
viction will ensue to him, il legal, that punish
ment which his offence merits and deserves.—-
The concurrence of twelve of your body is re
quisite to find a bill ‘-true.”
The remarks, gentlemen, which the Court
has thus tar submitted to y iilr eon-iao. at; ai.
have assumed the fact, that the offender has
been discovered and arrested, and the accusa
tion against him given you in charge bv the
prosecuting officer of the State. They "have
been directed principally to the nature of your
duty as public accusers, and to the spirit" and
manner in which that duty should be discharg
ed. The same roinafks will apjjy with equal
force to (*very other duty, which as a Grand
lilquest, you may be called to di-ch-irge. Rut
your duties as a Grand Inquest are not thus
limited. They extend much farther. Under
: the oath you have taken, yon are required to
■ present to the notice of this Court, not only all
such matters and thin rs of a criminal nature,
l ‘rs sled! he guv n you !,i rh trp-e," but also such
offences as shall have come to your knowledge,
; and which are going unpunished fin- want of
la pro-mentor. It not nnlVequently happens,
th it there are offences, even publicly commit
ted, in consequence of which, the morals and
good order of a community are shamefully
violate !, and tor the suppression of which, no
itidiv idual lias the moral Courage to become a
prosecutor. The character of ~n informer bis
generally boon considered odious; and it v.-as
to obviate this difficulty that the law has made
it a part of your duty as a body, to take notice
of such olf'iice;. ntid hv way of presentment,
bring the nlf-n !- -.s t • th-* notice of this Court,
tl. it such steps miv la* taken by the prosecut
ing officer as will bring them to punishment,
and ill future remedy or - ev:!. The act of vour
Legislature, pa -l '.’ -I Dec * lber, do *s
not, it. is true, make it your imperative duty to
notice or make presentmi'iit of any offi.uieos,
save such a.s shall, -r me; have coni'* to y..nr
know le i:"* or ob-'-rv ition, after you b u'i* !>- -*n
sworn ; hut that act also declines lint it-thing
therein contained shill be car,u-lured as im
pairin'; your right as Grand Jurors in making
pro uilui-uit. ot’ any violations of the Laws
which you may know to have been commuted
at any time previ-m v
Under this head of y-mr duty, the Court is
required by the L.- /: k-.'iiri* .-q-'-ei.dlv to h: in r
to vour notice the .u>h ■' ince of two portions of
tin* Penal cod-*; the first of which relates to
the offence of L' nn'-iing— tlm oilier to that of
trading with N-'-m is with:-at a ticket, and
vending to tic* i ! r.t spirits. It would t ik
ttp too much of y "K time to enter iti'o a full
discussion of the innumerable evils flawing to
society fro; t the praci.ce ot' gaming. They
are so obvious a ; to preset'. - themselves to the
tttider.-fan ling of the nos* unreflecting person.
Lot it suffice then generally to observe, that as
this vi-.-e springs chi.*fly from .i-llen-ss, that
fruitful and i:u \!i mstil le s-m-vc of every
other vice; so it his u tr.turni tendency to
pro.luce idleness, and feml its wretched votaries
t > tin* commissi->n of higher and more aggrt
vat<- I crimes. When tin* ic’irt becomes once
thoroughly possess--.! of this passion, every
thing else is sacrifh 0.l io its gr:-;ideation. In
this tn ul pursuit of illeg and g mi-*, upon an ocean
of “chances,” hea’ih and constitution arc grad
ually destroy'd ; disorderly conduct, corroding
passions, neglect of business, with a-resort. to
the intemperate n-* of aiukuit spirits, soon
plung" flu* gamester and Lis family in one com
mon ruin, and make him the tit instrument of
iiis own destruction or that of others. It were
well did its evils st p here. It is not, howev
er, the province of this Court further to moral
ize on this vice. But if such is a tin", but
taint picture, of the tendency an I results of
this vice, in a temporal point of v i-*vv, on the
happiness of society : is there not, I .ask, great
'wisdom in the Legislature, requiring the
Judges of the Superior Coutts at tiie opening
of every term, to give the substance of that
portion of the Penal cede in relation to this
oflence specially in clnrgeto tin? Gr ind Jury ?
Siirekv there is. And that wisdom i; not less
manifest in th * requirement, to give specially
in charge to the Grand Jury, the subst nice of
that portion of flic* Uott il code also v\ Inch relates
.to trading with Negroes without a ticket, and
! vending to them -ardent spirits—for it is to the
honestv and sobriety of our slaves alone, that
wo can look for their value or usefulness.
In reference to the offence of Gambling, the
Legislature has declared, “Tint it’any person
; shall by himself, servant or ug-mi. have,-use or
: maintain a gaming house, or room, or shall in
any bouse, place, or moot, occupied by him.
permit persons with bis knowledge to come
together and play for money, or any valuable
I thing, at any game, of i’uv, 100, brag, bluff,
or any other game played with cards, such per
son so offending shall on conviction, be lined
l in a sum not exceeding five ■hundred dollars,
j and be imprisoned in the common jui! of the
County, for any time not exceeding three
I months. And if any person shall by himself
| or servant, or any other agent, keep or employ
! any faro table, K O table or A I! (J table, or
j other of like character, and shall either by him
! self or agent, preside or deal at, or use any
i such table, or other table of like diameter for
(the purpose of playing and betting at the same,
jsucli person on conviction, shall be fined in a
j sum uot exceeding five hundred dollars, or he
: imprisoned in the common jail ot the County,
!or both, at the discretion of the Court. And it
! any person shall play and bet *t any game of
fir *. 100, brag, or bluff or sh dl play n 1 bet -t
L.n,- 11 O, or A IS Ttilde, or any oiaer t eu
,of like character, such person oa conviction,
shall be fined i» a sum not less than twenty nor 1
more than one hundred dollars.”
These, gentlemen, are the sections of the
Penal code applicable to the offence of Gamb
ling, which the Legislature has required should !
specially be brought to your notice—and you
cannot have failed to observe, that in order to
constitute the oflence prohibited two facts
must concur. There must not only be a play-!
ing, but a betting at the game prohibited, for
money or other valuable thing, which makes
the act criminal.
The sections in relation to trading with Ne- ;
grocs without a ticket, and vending to them ar- j
dent spirits, are in substance as follows. In
reference to this offence, the Legislature- has ;
declared, “That if any person shall buy or re- j
ceive from any skive any amount of money ex- j
ceeding one dollar, or any cotton, tobacco,
wheat rye, o.ats, corn, rice, or poultry of any
description whatever, or any other article, coin-j
modify or thing, (except brooms, baskets, foot
and bed mats, shuck collars and such other
thing or things, article or articles, as are usu- :
ally manufactured or vended by slaves, for 1
their own use only) w itbout written permission !
from the owner, overseer or employer of such
slave or some other person authorized to give
i such permission; authorizing such slave to
sell and dispose of said money or other article
or articles, such person so offending shall be
guilty of a misdemeanor, and on conviction,
shall be punished by fine or imprisonment in
tiie common jail, or both, at the discretion of I
the Court.
“•at id if any owner, overseer, employer, shop -
keeper, s’.ore keeper or any other person ivhatso- 1
ever, shall sell to, or furnish any slave ov slaves
ov free person of colour, with gpiriiouus liquor,]
•tunes, cider, or any inlor'rating liquors, for his
own use or for the. purpose of sale, such person
so offending shall upon conviction, thereof pay
a fine of not less than ten dollars, nor more
than fifty dollars for the first offence, and up
on a second conviction be subject to fine and
imprisonment, not to exceed sixty days impris
onment and five hundred dollars lino. Provid
ed, tint nothing herein contained, shall prevent
the owner, overseer, or employer from furnish-,
' ing their slaves, or those under their care, with
! such quantity of spirits, &c. as they may be
, iieve is for the benefit of such slave or slaves,
; lmt in no case to permit them in any way to
- furnish others therewith. And if any person!
sh ill cell or deliver to any slaves any goods,
! w ares or merchandize, or any other thing or
tilings, unless it be in exchange for some arti
cle or articles,-which the owner, overseer or
.employer tiny have authorized such slave or j
slaves to trade or d";il in, according to the;
provisions of the thirteenth section (above!
enuiner.ited) such person shall be guilty of a;
misdemeanor, and on conviction, shall be pun- ’
died by fine or imprisonment in the common !
jail, or hot'n, at the discretion of the Court.” j
■ Such is the language of the Penal code in j
r<*l ition to these offences, and such the marked 1
• (leterrnin ition of the Legislature, tint those ]
offences, wherever they may exist in our State, •
should not only be suppressed, but the offen
ders punished. In discharging my duty, I (
specially bt ing them to your notice, with the j
request, that if’there comes within your knowl- j
edge any violations of them, or violations of j
any other portions of the* Penal cede of your
ist.ite, th>* offenders against which are going!
unpunished : tint you would by your present- j
1 ii'.i-tit brie r them to the notice of this Court., j
I that such steps may be taken as will bring them ,
; to |.uni.-lmi, nt.
, Gentlemen, the groat end in the administra
! tion of the criminal Law of the land, is to pro- i
’ serve the peace, good order, and morality of!
.society. “Order is h * ueti’s first Law,” and
should be tin* first Law of earth. Universal
oho lienee to wise and whole tome Laws is j
neces.- o ily productive of universal order—and
universal order is necessarily productive of uni- '
versa I happiness. Obedience to wi.se and
; w 'iii!i-.iii;iic Law s constitutes the unerring j
touchstone of sincerity. It is the principle
winch at all times tries the man, and draws:
th" iiffiliible line between the good and the'
bad citizen, between tin* In pocritic.il pretender ;
;on the one hand, and the genuine friend of
virtue, religion, and his country on the other.”
The Court has possibly ex'en Mil its re
marks in reference to your duties farther than '
• was absolutely necessiry. It will detain you
but a few mo nent.s longer from their discharge
by remarking that yortr powers as a Grand
Inquest, are fullv equal J,o all the duties which
: you may be required to perform ; but if it) the
: discharge of your duty as public accusers, you
! shall be at a loss—or your pawns be found
inadequate, the powers and progress of this
Court, ns well as its advice, will be cheerfully
! given whenever required by you.
In conclusion, gentlemen, permit, me to ro
nruk. that 1 should be insensible in lood, did I
not Ice! the weight of that responsibility,
which the trust reposed in me has created.—
And if that responsibility could be increased,
it would be by the reflection, tint I am oecu
pving the place of those, who from this branch
m days past have administered the public jus
tice of tic country, with so much honor to
themselves and satisfaction to their fellow cit
izens. Whether 1 shall be thus fortunate, time
alow? can determine. But aided as I believe
I shall be, by the legal talent and kindness of
toy brethren'at the bar, and over mindful of
that solemn obligation which rests upon me,
I shall endeavor as long ns I remain on this
bench to bring to the discharge of its duties
the best ability I possess, ami guided by my
best judgment, endeavor to hold the scales ot
justice between contending parties as equally
balanced as the nature and circumstances of
I their ease will permit. I shad endeavor to
I maintain the dignity and supremacy of the
Laws. To award to the criminal a fair and
; impartial trial, ami when properly convicted,
i enforce against him the penalty of the Law.—
I shall endeavor to do this without respect to
' persons, so as nt least to secure approbation of
inv own conscience, and it with these inten
tions as my guide, l shall err, and the best of
ns are liable to err, 1 trust my motives will
; duly appreciated, and inv errors placed to their”
, proper account—the head not the heart.
; You will now receive from the Solicitor Gen
| cral any bills of Indictment lie may be prepar
; ed to submit, and give them suci^direction, as
i under your oath you shall believe is in uccor
! dance with Justice.
From Caxada. Accounts from Can
ada are so contradictory that it is impos
sible to give correct information. It
jwe receive information from Montreal,
the royalists have gained ground over
their opponents and it from Vermont, the
. patriots have routed the royalists. — As
soon as we receive such intorointiou as
via he relit J upon, we vv!l ii\ it before
, our readers. [Augusta ConstituLonulrSt.
THE ADVOCATE.
BRUNSWICK, (GaA... DEC. 21, 18.17.
The North America* Lumbfr Company.
Tiiis association own extensive tracts of tim
ber country and one of the most important
mill sites on the Penobscot River, (Maine.) —
From a recent report of the Directors we col
lect the following facts. They have sold the
standing lumber at prices varying from -S-'I to :
80.00 per thousand feet, at a distance of forty
to eighty miles above Bangor, and from one to
two hundred miles from the sea. The amount
received for stumpage will nett the Company
in July next, from 170,(MK) to .*200.000. This
is only the proceeds of one year. It must take
several Winters to strip the lands, and the
price of the stumpage will probably be raised
each year. They have at great expense, con
structed stone dams of solid masonry, across
the Penobscot, and have now in operation fifty
saws, besides lathing and shingle machines.
Their saws will cut 200,000 feet of boards in
twenty-four hours. By the construction of
a boom to save stray logs, they will realize at
least .* 1.10.000 a year.
The tax of stumpage and boomage, is un
known in this State. Lands equal to any in
Maine, can be purchased in Georgia for a few
cents per acre. And yet our lands remain un
touched, while immense sums are invested at
the North, in erecting dams, booms, paying
stumpage and expenses of lumbering unknown
here. We have frequently spoken of this
branch of trade, but trust our Georgia readers
will not tire of our much talking; while our
lumbering friends at the North, we hope, will
be induce 1 to comean 1 ex inline this country.
We are confident that all who will visit Geor
gia, with a view to lumbering, will remain.—
If lands of the best quality, conveniently situa
ted, can be purchased for a tithe of the price
paid in the Northern States, and lumber can
be manufactured cheaper and sold higher, be
an object to. manufacturers, they will most as
suredly try their fortunes with us.
Tiie same capital and enterprise which the
North American Lumber Comp my have em
ployed on the Penobscot, would in Georgia re
turn them a profit a hundred fold larger than
they now reap.
The Wester* and Atlantic Railßoaii.
The Report of Col. Long, of his survey, occu
pies fourteen columns of the Federal Union.
Its great length is the only reason which pre
vents us from publishing it. The Savannah
Georgian properly recommends that it should
be printed in a pamphlet form and circulated
through tiie State. We shall in onr next, pub
lish the recapitulation, which presents in a
condensed manner, the whole matter. The
surveys have been made under
Col. Long, Messrs. Brisbane, Stockton and
W hitwell, all of whom stand very high as En
gineers, and their estimates of cost, must ap
proximate as near the expense ns the nature of
the case will permit.
I’tiE President’s Message. This docu
ment discusses the various topics usually em
braced iu papers of this kind. With the man
ner, probably no fault will be found, the multcr
will cause some debate.
Our foreign affairs remain very much as
they were a year since. No satisfaction has
boon offered by Mexico, for tin* injuries in
flicted on onr merchants, anil the President
recommends some decided action be imme
diately followed.
The Queen of Spain has failed to pay the in
stalment due on her debt, but this is attributed
to the civil war, now raging in her dominions.
The Government of Portugal refusing to re
move certain discriminating duties from Amer
ican siiips, it is recommended that Congress re
vive similar duties 011 Portugese ships, which
were repealed a few years since, with the un
derstanding that Portugal should do the same.
The claims on the South American Govern
ments are a year older than at the last regular
session o! Congress. We think tiiey are like
ly to live to the age of Methuselah.
The balance in the Treasury on the first of
January, 1827, was .*-17,0(18,523. The receipts
of the jiresent year are estimated at .*23,4951,-
981— making a sum total of $(19,4(58,504. Os
this sum about $35,200,000, will have been ex
pended at the on 1 of the year on appropriations,
and the remainder, about $34,000,000 will be
the balance in the Treasury. Only about sll ,-
000,000 of this is available for public services,
it being in the Deposite Banks or loaned to the
States. The President still recommends the
Sub-Treasury scheme as the most proper for
adoption of Congress, though he will cheerfully
lend his sanction to any other proposed by
Congress, if it shall not conflict against his
views of the Constitution.
The re-issuing the old notes of the United
States Bank by the Pennsylvania Bank, is
(severely censured, and Congress is urged to
prevent it if in its power.
The President considers the existing laws
regulating the sale of lands as imperfect, and
recommends the lands should be classed and
'the prices proportioned to the value of the
i lands. And that the prc-emjtion laws be
prospectively repealed.
The re-organization of the Militia is briefly
touched. The West Point Academy is men
tioned in the highest terms, but he proposes
that cadets sh ill be bound to serve three years,
after graduating, instead of one.
The Nav il force afloat, has been increased
by tiie launching of the Pennsylvania auj the
refitting of three other ships of tha line.
1 0
The policy of Governn*pnt in removing the
Indians beyond (he Mississippi is extolled, an-]
their condition is said to be much improved in
their new homes.
The affairs of the Post Office are in a most
flourishing situation.
These are the principal topics which fill six
teen octavo pages. The Message is free from
any party rancour and its tone is not charac
terized by any bravado. It is the language of
a gentleman, and though his opinions will
meet a strong opjiosition, they deserve respect
ful treatment.
Embankment ok the Savannah River
During the Summer we called the attention of
our readers to this important project The
Legislative Committee appointed to make an
examination of the practicability of drainin'*-
these swamps and improving the navigation iff
the River, has reported favorably. The com
mittee proposes that the State shall hire money
in Europe, which it can easily obtain for two
or four per cent nnd loan it to the citizens for
eight per cent. The difference in the rates of
interest to be appropriated for the purpose of
embanking the River.
The bill of the Committee of Internal Im
provement we think, provides a better mode
for raising funds to be employed in this an 1
other works. The end, and not the means, is
however, the principal affair. If the rich al
luvial lands of our rivers can be turned from
jrestilcntial fens to cultivated plantations, it
"'ill be of little consequence whether it be ef
fected by one mode or another.
The True Nobility of Labor. On our
first page we insert an extract from an Ad
dress delivered by Rev. Orville Dewey, at the
Fair of the Mechanics Institute in New York.
The author is known in the religious world, as
a preacher of Unitarianism, second only to I)r.
Channing; and in the Republic of Letters, by
his writings in the Reviews ; and more partic
ularly by his tour in Europe under the title of
“The Old World and the Now.” In this he
discourses with the sjiirit of a philosopher, the
differences between Europe and America, the
advantages they severally possess, and the
manner in which they can exert a reciprocal
and beneficial influence. The theme of his
address is most happily suited to the occasion,
and one which cannot be too frequently nor too
strenuously enforced in the United States. No
fears need be indulged for the perpetuity of
our institutions and the growth of otir country,
so long as the principles urged by Mr. Dewey
arc received.
The exhibitions of works of art which ar«
now held annually in the principal cities of tiie
North, have excited a generous emulation a
mo.ig the mechanics, and given anew impulse
to the Arts.
Why cannot something of the kind be at
tempted at the South. The Arts are wedded
to no soil—they have visited every country
w hich has wooed them. For the hand maidens
of industry, no clime is too unprojritious, no
soil too barren for their home. At some future
time, we propose to take a gl mce at the pil
grimages of the Arts, from country to country,
showing the blessings that attended in their
train, and the changes they have effected in
bettering the condition of man.
Court of Errors. This bill has been tin
fortunately lost in the House. The principal
objection raised against it, is that it will tend
to lengthen out suits and render litigation more
expensive. But even if this be the result, it is
more than balanced, by the uniformity of de
cisions; and though in some cases, parties may
be kept in suspense for a longer period than
now, yet there would be a more satisfactory
! determination than now. It is of much more
importance for the security of rights that the
- decisions bo correct than speedy. If a prompt
arbitration of disputes is the tiling, it would be
belter to copy the Judiciary of the Turks, and
have a Cadi for each town, to peddle justice to
the inhabitants. In this manner, the Lawyer’s
fees and all the expenses of a law suit, could
be easily savedj and the affair settled on the
spot.
Criminal Law. The excellent charge do
livered by Judge Henry, we publish in com
pliance with the request of the Grand Jury of
this County. In our country “ignorance of the
; law* excusetli no man,” and this document
i must be valuable to every individual. We
j recommend it more especially to those who
1 have recently become residents of this State.
They are not generally conversant with the
statutes in regard to blacks, and as any act
committed, from misapprehension or ignorance,
in violation of the law in this particular, is se
verely visited, it behooves them to read care
fully the language of the Judge.
Egyptian Cotton. Os late, much has been
said of the superior quality of this cotton. An
intelligent planter informs us that it is a de
teriorated species of the S"a Island. The seed
w-as carried to Egypt several years since, and
the change jrroduced by difference of soil and
climate has been unfavorable. The same cot
ton will be produced by planters for the Seals
land in the up country.
If in the course of a man's life, such
an event as a real fill of rain happens to
take place on the const of Pern, it produ
ces indescribable sensations. Processions
parade the "streets to implore the protec
tion of heaven for their endangered city,
j and the remembrance of such a mu-for
tune is long preserved. [Foreign Cifi-iU*
j Review.