Brunswick advocate. (Brunswick, Ga.) 1837-1839, December 21, 1837, Image 2

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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.