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BY A. 11. & W. F. PEMBEKTOV. AUGUSTA, SATURDAY, FEBRUARY 27, 1836. VOLUME 50—YO. 28.
"‘‘ T ? ' ' f
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To Executors, Administrators, and Guardians
SALES of LAND or NEGROES, by Admin
istrators, Executors, or Guardians, are required
by law, to be held on the first Tuesday in the
month, between the hours often in the forenoon,
4ud three in the afternoon, at the Court-house of
the county in which the property is situate.—No
tice of these sales must be given in a public gazette,
SIXTY days previous to the day of sale.
Notice of the sale of personal property, must
lie given in like manner, FORTY days previous
to the day of sale.
Notice to the debtors and creditors of an estate,
hiust be published for FORTY days.
Notice that application will be made to the
Court of Ordinary for leave to sell LAND or NE
GROES,must be published for FOUR MON'i'HS.
AUGIisTA:
WEDNESDAY, FEBRUARY 24. 1830-
** Be just i and fear not
MR. FINUKNEV’S RESOLUTION.
The Constitutionalist, as we expected, “ap
proves the Resolution of Mr. Pinckney,” and
'* would have voted for it,” &c. So it say.-'. We
are glad, at least, that it has had the candor to
avow it, and, not having room for its article on
the subject to-day, will give it hereafter.
FIRE, AND LOSS OP COTTON.
\Vc regret to State, (says the Savannah Georgi
an of Monday,) tlidt tow lioat No; 1, attached to
the Steamboat Cherokee, from Augusta, on her
way to this city, was destroyed by fire, while at ‘
Oto'cu’s Landing, on Friday morning last. There
were 798 bales of Cotton on board, of which only
39 were saved. The fire is said to have arisen
from accident. I
GLORIOUS NEWS! 1
Wu have seen nothing for a long time that has i
Afforded us such heartfelt satisfaction, as the late (
news on the French question, in another column, t
showing that the French King has informed our t
Government, through that of Great Britain, that <
the explanation in the President’s Message issat- 1
isfactory, and he is ready to comply with the pro- 1
provisions of the treaty of indemnity. c
• i
«A. INSURANCE & TRUST COMPANY.
The nnmbcr of shares taken on Monday, is ,
I,92o—yesterday, I,77o—previously, 19,005 (
total, 22,695—being 17,695 over the 5,000 to be
allotted among the subscribers, according to the
charter. We scarcely ever witnessed a more hu-
initiating spectacle than the violent, excited, and
degrading scramble for stock, which took place
on Monday and yesterday. It is almost a wonder
that lives were not lost.
t
SPEECH OF R. W. FLOURNOY, ESQ,. <
We give to-day the first part of the speech of 1
Mr. Floubnof of Jefferson, in the last Lcgisla- t
ture, in support of his bill to substitute the pun- f
ishment of Solitaoy Confinement for that of ■
Death ; and recommend it to the attention of the
reader. The remainder will bo published on Sa
turday, and the whole will appear in the weekly
paper of that day. We have on hand, several ’
other speeches, and reports of debates, in the '
last Legislature, which like this, have so far been ''
excluded by the current news of the day, but 1
shall be published as early as wo can find room '
for them. '
ANOTHER FIRE.
Just as we were closing our paper (one o’clock
Monday morning,) a fire broke out in the old Ice
House, and soon extended to the wooden store
house of A. Gumming, Esq. adjoining his Fire
Proßf Warehouse, and directly in front of the
bid Rotunda building on Bay street, and before it
could be got under, destroyed the old Ice House,
Cumming’s store house, and the old Rotunda.
The store, we understand, containsd 21 hhds. of
Sugar, and about 1700 lbs. of fodder—the fodder i
was destroyed—about 16 hhds. of the Sugar were
saved. There is no doubt but the building was
set fire to, and our Council should offer a liberal re
ward for the apprehension of the incendiary.—
Constitutonalist of Monday.
HAMBURG TOWN COUNCIL.
The Inauguration of the Intendant and War
dens of Hamburg—Messrs. M. R. Smith, H.
W. Sullivan, J. B. Covington, W. A. Youso,
» B. F. Gouxdi, H. E. Simmons, and H. L. Jef
fers—recently elected under the Act of Incor
i ; jtdfation of the last Legislature, took place on
H Saturday last. At eleven o’clock, the bells of the
BL Presbyterian and Baptist Churches assembled the
H citizens of the Town in the very handsome and
jgtAppropriately furnished new Council room adjoin
ing the Bank, to witness the ceremonies, which
||n»ero highly impressive throughout. The Oath
Office was administered by two Magistrates,
v- it. Ghat, and F. Lewis, Esquires — the Act of
Bwcorporation, beautifully engrossed in a large
Ijpd splendid Book of Record, for the minutes of
fiSWp Council, was read by Mr. Wm. M. Frazer—
I a brief but striking address was made by Mr.
I Shultz—and a highly interesting, impressive,
and peculiarly appropriate address was delivered
• by the Rev. Mr. Davis of Augusta, (preparato
ry to his invocation of the Divine blessing on the
occasion, and its objects,) which evidently was
listened to with the deepest interest, not only by
5 those to whom it was specially addressed, but by
i- the spectators generally ; and we trust that both
will long remember, and properly value, for their
I common interest, and the moral and social happi
. ness and prosperity of the town, its happy ap
i, peals to their best and noblest feelings, its impres
sive injunctions, and its excellent and appropri
l ate admonitions.
s
1 SOUTHERN LITERARY JOURNAL.
, The February Number of olir native Maga
’ zinc (says the Charleston Mercury) was pub
lished on Monday last. The Table cf Contents
p is promising. We perceive there is another arti
• cle on Medical Jurisprudence, which, we trust,
j is from the accomplished writer on the same sub
ject in a previous number. From a hurried
i glance through its pages, we perceive an im
provement in the poetical department. “ The
Wilderness,” by “ Linus,” is a very beautiful
little piece of poetical description, a painting
sketched from nature, and finished on the spot.
Next, is a scientific treatise on Tea and the Tea
Plant, with a cut of the latter. This article we
arc sure will be interesting. Next comes one on
Phrenolgoy, which must be interesting, as it is by
Dr. Cooper. We are sorry to see it so short.
The next treats of the Italian Poets of the 18th
Century. Next, an article on English views of
the Ancients—from which also, we anticipate
much pleasure in the peruse!—knowing the in
dependence of the writer, “ Erin and Liberty ”
is an animated spirit-stirring strain of Lyric Poe
try, which makes us anxious to know who J. L.,
the minstrel, can be—his song is worthy of the
Harp of Erin. Next is “ The Death of Grier
son," a prose fiction, which promises well.
Next, an article on Foreign Travel, into which
we have not yet looked. Then “ The Harp of
the Wilderness" —a very pleasing No. 1 of
“ Carolina Melodies.” “ The Garden Walk ”
is good too. It has thoughts in it, a condiment
with which modern bardlings season very spa*
ringly.
The Arm Chair is, ns usual, devoted to short
notices of recent publications.
FROM THE VOLUNTEERS.
We regret to learn by the following letter from
a volunteer, published in the Constitutionalist of
yesterday, that the Richmond Hussars did tlbt
march with the Richmond Blues, from Picolata
to Fort King, as reported.
“ Sr. Augustine, Feb. 13lh, 1836.
I arrived in this place this evening for the pur
pose of purchasing supplies for the company ; hav
ing an opportunity of writing, I embrace it with
alacrity, to let you know that I am well, and en
dure the hardships of the compaign with more for
litude than I expected. We are at present sta
tioned at Camp Augusta, on the St. Johns River
opposite Picolata, 18 miles from St. Augustine.
We had the pleasure of meeting the Richmond
Blues at that place, but our meeting was of short
duration, as they were ordered to march the morn
ing after we arrived, to escort the baggage wa
gons to Camp King, for General Clinch’s army.
We would also have accompanied them, could we
have procured horses to carry our baggage—the
country being deserted, and stock all being drove
oft" by the Indians and owners of Plantations, the i
opportunity of obtaining them is bad. We Shall
now wait at Camp Augusta until further orders
from Gen. Scott, whose arrival is daily expected ,
—where he will order us is as yet uncertain, 1
jt is believed we will be ordered to join Gen. 1
Clinch’s army at Fort King. Since my .arrival
here I have ascertained that the Indians have done
considerable depredations, destroyed plantations
and property to the value of $200,000, 18 miles |
below this place.” ,
GEN. THOMAS GLASCOCK* ,
We are exceedingly gratified to see the justly
warm approbation and applause, which the Slate '
Rights prints of Georgia arc extending to this
gentleman, for his gallant, generous, fearless, and ,
faithful representation of the true intciests, honor, ■
and safely of his State, and the South; and it is ’
perfectly in accordance with the spirit and lan- ,
guage of all oiir private letters from Washington, i
for sometime past. All speak in the most gener
ous admiration of his chivalrous, open, and inde
pendent conduct on the vital question of the
South, while almost every other ihdn of his party
is striving to dodge and evade it at every point,
and escape from all its responsibilities. One says, (
“Our gallant representative, Gen. Glascock, is ,
the only true man among our opponents, with the
exception, perhaps, of Col. Towns, who follows
inext.” And another, “I cannot but admire the
I gallant conduct of Gen. Glascock. On the abo-
lition question he is acting a part worthy of
Georgia. He feels as he ought to do; and
while other men, and some of our own friends,
have not acted as became them, he has nobly
done his duty, faithfully and fearlessly, on every
thing connected with this subject, so deeply in
teresting to the whole South, and every slavehol
der.” We have from the first noticed his con
duct with that feeling of admiration and regard
which we can never withhold from the mciits of
any apponcnl, and nothing has restrained us from
noticing it thus publicly before, as we have
repeatedly done otherwise, and publishing his ex
cellent remarks dri the subject; brit the continual
pressure of other matters, some of which we force
aside, even now. However we may differ from
Gen. Glascock on other matters, on this, infinite
ly the most important of all, his generous and no
-1 ble conduct has won our best and kindest feelings,
f and not only ours, we trust, but those of all others
1 at the South, of all parties—for, God fotefend
f that there should be any party difference among
■ us on this vital question, alike deadly and dan-
. gerous to all—and certainly, if there should bo
, now, there cannot be much longer. Common
j interest, and common danget, will ever, ifncces
. sary, enforce common sympathy, and common
3 action.
5
' THE MAILS, POST OFFICES, &c.
i The extreme derangement of the mails, and rc
i peated miscarriage of newspapers, is a source of
r general complaint, throughout the whole country;
. & tho’we have said little on this subject ourselves,
. from utter hopelessness of effecting any thing
. by complaint, we have not been less annoyed and
. mortified than others. The complaints from sub
scribers, in all quarters, of the repeated miscarri
age of their papers, and their urgent appeals to
take some measures of prevention, are most fre
' quent, and the more paiilful and embarrassing as
‘ the evils complained of are altogether beyond our
’ power or control,& wo know of no efficient rente*
' dial measure that it is possible for us to take. All
' that we can do, is carefully to deposit the paper of
' each subscriber, properly directed, in the Post
Office of this city, and this wo have always done,
and shall always continue to do; And those to
whom they are addressed may always rely upon
it, with the utmost confidence, that when any
failure occurs, the fault is attributable to some Post
Office on the route, and not to us. The same, 100,
may no doubt with equal truth bo said, with re
gard to any and every other news paper; for every
publisher has the strongest motives of interest to
prompt him to care and attention in this respect,
of all Others, since no one can expect that his
subscribers will long be willing to pay for that
which they do not receive, let the cause of failure
he where it may.
Among the complaints just received, the Post
Master at Crawfordville writes us that for several
mails past, not a single Chronicle has been re
ceived at his office. The Post Master at Calhoun’s
Mills, Abbeville District, S. C, that the Chronicle
rives very irregularly, but not more so than ei
ther of the other papers taken there; that “in ma
ny instances the direct mail from Augusta to that
place is literally filled with packages for Edgefield
C. H. and District; and that ho hopes we will be
able to ferret out where the fault lies, for really
the mail derangement is the most thorough de
rangement that ever came within his knowledge,”
And a much respected subscriber at Gainsville,
Ga. writes us that for months past not more than
half of his papers have been received.
We earnestly rcqdest Post Masters and sub
scribers to write us on this subject as often as fail
ures occur, with all the particulars within their
knowledge, and their opinions of the causes of
oucti failures; and to authorize us to publish their
letters, with or without the signatures, as they
may direct; by which means, particularly if oth
er prints would make a similar request, it might
at least be ascertained in what quarters the evil
is most common; and a direction of public atten
and inquiry to those quarters, might do much to
ward the detection and correction of such abuses.
FROM FLORIDA.
The Jacksonville Courier, of the 18th, recei
ved last evening, brought the following latest in
telligence from Florida, among which is a highly
giatifying note from our gallant Robebtson :
The following is a copy of a note written in
pencil marks, by Oapl. Robertson of the Richmond
Blues, to the Editor. Although short, it con
tains intelligence, which we are glad to receive,
that the gallant Blues have passed in safety, the
dangerous part of their route to Fort Drane—
which post they have ere this reached, arid been
greeted by Gen Clinch.
“Two miles from Mieanopy, Feb. 14 , 1836.
Dear Sir.—l arrived safe within two miles of
Mieanopy this morning—no attack by the way—
all going on well—announce the above in the
Courier, as it will meet cur blends before any in
telligence from Fort Drane.”
Sincerely your frjend,
p. m. Robertson,
Capt. Richmond Blues.
The Hussars as infantry under Capt. Bones did
not leave Picolata on Wednesday of last week, in
company until the “Bines” as we were informed—
and staled in our last. They were detained for
want of baggage wagons, and are still in their camp
at Picolata.
Barvo ! Georgia !—Yesterday touched at
our wharves, the steamers Santee, Tomochiehi,
and Florida, having on board five volunteer com
panies, from the counties of Monroe, Macon, Han
cock, Morgan and Putnam —in all, upwards of
400 men, all prepared and eager for a battle with
the warriors of that brave chief, whose beautiful
name, Oseola, siguify ing in the Indian language,
“the rising sun,” is so descriptive of his own ri
sing to be the great warrior of the Seminoles.
Col. Bankhead was passenger on boaid the
Florida. All were bound for Picolata, thence to
mareb into the Indian nation.
We give below a list of a few volunteers who
arrived in this place on Friday evening bf last
week. They came from St. Mary’s in an open
boat belonging to one of their number. This
small band, only ten in numder, is, wo arts told,
composed of not only Hie most wealthy—but of
the bravest hearts—of the elite in chivalry of
Camden, Chatham, and Glynn counties, Georgia.
They go on to join their brother volunteers from
Georgia.—They left yesterday morning on hoard
the sciir. Ariel, for Picolata. We Understand
that the Georgia volunteers will form themselves
into a tcgiinent, al the head of which, it has been
suggested to us by one of the company, Gen.
Charles Fi.oyii will be placed. He is a gentle
man extensively known, and it is admitted on all
hands, that ho possesses great military experi
ence and skill, and is brave as Julius Caesar.
Gen. Chatii.es Fi-om, P. M. Nightingale,
Thns. Bourke, R. Scott, J. Morrison, John Du
bignon, Jos. Dubignon, John Randolph, A. Low,
and R. Maekay.
Mr. Crum, who arrived here to-day from Ala
chua, says,that a friendly Indian sent out as a spy
bv Gen. Clinch, reported on his return, that the
Indians arc concentrating on the Ouithl conchy,
near the battle ground on the hanks of that river.
If lb’s is true, they are prohahljr eolleeling their
strength fur another desperate engagement.
More Volunteers for Florida. —Four compa
nies of mounted volunteers from South Carolina,
commanded by Lieut. Col. Butler, arrived hero on
Saturday last, ami started yesterday for Picolata.
Four other companies, under the command Col.
’ Goodwin, also from South Carolina, arriveiTherc
’ yesterday afternoon, and leave this afternoon for
1 the same place of rendezvous. There arc about
! GOO men in the whole.— Savannah Georgian, \
. Vid instant.
o SPEECH OF
a MR. FLOURNOY OF JEFFERSON,
i. In the House of Representatives of Ga.,
a On the bill (introduced by him) to abolish the
punishment of Death, for all crimes, except
Treason, committed by while persons, and sub
stitute Solitary Confinement,at hard labor, for
life, in the Penitentiary,
f Mb. Speaker:—What,sir, is the most cor
reel test of the utility of any lawl It is oxpe
q rience, founded upon the opportunities we have
~ had of judging, from personal observation and
j otherwise, of the good and bad effects resulting
from such law. 1 would respectfully suggest for
the consideration of this body, the following pro
-0 position to my triind self evident and conclu
. sive; namely: that no law should be continued,
s unless it is the best one that the case will admit
r of; or, iii other words, whenst law is found not to
. answer the purpose foi which it was enacted—
-1 when its effects are found cither to be contrary
,f to, or to fall short of the desired object, it should bo
t repealed; and it is the duty of every enlighten*
, cd Legislative assembly to examine and decide for
) themselves Hie single and simple proposition,
j whether it is the best Idw that the case admits of.
, I must therefore beg the indulgence of the
t House, while I offer to its consideration my views
upon the subject now under investigation, and I
. flatter myself that I shall be able to satisfy the unbi
, ased judgment of some, that the present law is to
> tally inefficacious. This hope is not based upon
, any eloquence I possess, or logical reasoning I shall
i bring to bear ; nor upon extensive research, but
t upon the imperfections of the law I shall attempt
> to expose, I presume it will not bo denied by the
the most strenuous advocates of the present law,
that the principal reason why it should remain
I unrepo.iled, is, that its place cannot le supplied
by a better; at least I should be sorry to heat
, any other urged, as paramount to that.
, It has been said, that the object of punishment,
is to deter trten from offending. This i) the rea
son given by an enlightened commentator, than
t whom a greater never lived, and it has been ac
j quiesced in fiom his day to the present, and must
be so long as crimes are committed, and punish
ment follows their commission. That commenta
tor also observes, that death is the highest pun
ishment known to the laws of England; by
which he meant, the severest, not the best. Ex
perience, the great corrector and exposer of the
errors and falliccsof past ages, has clearly unfol
ded the incfficacy of this punishment to effect the
objects of it. Has it lessened the commission
of crime 1 No, sir, no man will rise on this
tl JOT *nct nriT nri; ‘While eth*> Ctlim'B have bc
. come less frequent, those whicli incur the penalty
of death, have increased, and are increasing, to
a fearful extent. This of itself speaks volumes,
and requires no eomment. England, celebrated
for the severity of her criminal punishments, is
beginning to awake to the importance of reform
in her criminal jurisprudence. The incubus
which settled upon her vitalities is at length par
tially removed, and we look forward with plea
sure to a no very distant period, when she who
set the example to the civilized world of the tna
* § |
king of laws, will also give an example of their
reform. In those portions of her government ,
where from the nature of circumstances the law
is necessarily severer than in other parts, wo find (
a pioportionate increase in the number of crimes ,
committed. For example, take her colonic s set ;
apart for the reception of transported felons. It (
may be replied that this is not a fair argument, be- ;
cause those fcloris bave already shown the bent ot
their minds to be toward the commission of crime.
a
But, sir, I affirm upon authority, that after ul
. a
lowing for that, the number will still be found
large enough to answer the purpose of this ar
gumsnt—nay, sir, it will be found conclusive.
In Van Diemen’s Land, and the colony of New
South Wales, appropriated for the pbposcs before-
mentioned, though crimes are punished with as
much severity, and probably more, than in any c
other country where the laws of civilized nations j.
extend, this, so far from deterring from crime, is
found rather to increase it. What a monstrous | (
reflection is this; that after all the experience (
and knowledge which should have been collected j
in the course of ages,a law hasbeen continued, (
with no general, and scarce one insulated cxccp- j,
tion, whose course can be traced from the darkest
to the most enlightened sjages of the world, by
one long crimson line of blood ! which has re- .
mained unchanged, amidst all other changes,
moral and political—while mighty revolutions
have been acted, empires have sunk, dynasties (
been destroyed, republics degenerated to monar- g
Shies, and monarchies have been lost in barbar
isms—and which has been instituted and perse- j
vered in with equal superstition, by the American v
savage, the New Zealand cannibal, the degraded (
Hottentot, and the ignorant Turk. Had it been pc- j
culiar to them alone, there would be some room c
for congratulation. But Greece, so often styled | r
the cradle of the muses—wbcio Ilotnfer unstrung t
bis lyre and sung his immortal Epic—where Sap- j j
pho’s passionate and inspiring verse proclaimed ; [
that woman, too, can write as well as sing—and |,
where Plato’s precepts were delivered, understood, (
and practiced—was nevertheless stained by this J c
stream of blood. Rome, too, mistress, not only of s
empire but of intellect—whose history is a bright! c
page of thrilling events and mighty achievements, j.
arid where, if the child of genius was cradled in | f
Greece,there at least it attained maturity—lias still [
this humiliating stain upon her brightest annals, ,
Stepping over time for eighteen hundred years, this j
spot at first—this stream that tfas—is now a migh- (
ty river, whose bloody tide is supplied by contribu
tions from every nation on the habitable globe. (
Even here, in this “ our own, our native land,’ (
where the Eagle of Liberty, driven from Greece, ,
from Rome, from Switzerland, and Genoa, find- ]
ing not one spot in all the old world to rest upon,
winged her flight from those inhospitable climes,
and has taken up her abode, I trust forever—here,
where a mighty nation has sprung up as but
from yesterday—a nation that has otherwise
shown no slavish submission to the laws, cus
toms, and manners of the rest es the world
has nevertheless followed them in this, the worst
! of all. What a monstrous reflection, as I before
t observed, is this! After thus following through
- all ages of the world, a law sustained by all na
r tiiins, it is found so far from answering the ob
ject of its institution, .the prevention of crime, as
. actually to increase it! Can we, then, as feeling
- and reflecting men—as Legislators, selected by
s; our fellow citizens, for the purpose of making
1 them good laws, and repealing bad ones—retain,
; with superstitious veneration, oris found not td
r answer a single purpose for which it was design
- edl
Speaking on the subject of capital punishment,
i, a writer in tho Westminster Review- observes,
t “ Indeed, ftoin all that can bo learnt on tile sub-
J ject,it cannot be discovered that tho punishment ql
- death has any terror, or tiny salutary moral effect,
' upon surviving miscreants.” I leave it to the cx
-3 perienco of every individual, if this is not his eon
• viction, founded upon personal observation 1 It
f hot only has no good effect upon tho multitude,
■ but it too frequently happens that it has none
upon the culprit himself. “ What,” asks Dr.
1 Ross, “is or has been the effect of severe pun
i ishiribilts, throughout the world I The direct
tendency and almost invariable effect of severe
punishments, is to deaden the faculties, both cor
poral and rilentill, to extinguish the perceptions of
right and wrong, to rob virtue of its charms, and
vice of its bideousness, arid to bririg down man
too level with the brutes.”—Thus, sir, with his
worst passions excited—with feelings of hostility
to his fcllbw men—the iliisarilhrope is burled
from the stage of action, irito t|>e presence of bis
God. How little prepared he is for that incetirig)
I leave to be infetred from tho circumstances, I
have beard of many, and I recollect a case that
came under my own observation, where an indi
vidual was executed; and bis coudliet was most
blasphemous under the gallows, and be left the
world with a curse upon his Ups. I presume all
who have witnessed executions have witnessed
similar scenes.
In the sama Review, just mentioned, n writer
says, “It has fallen to otir lot to witness a large
number of executions. Tho convicted wont
through the most sacred ceremonies of religion.
They sang psalms; they ale a most abundant
meal; they beard the summons ; their arms were
pinioned; the halter was put about their necks ;
they heard the solemn and affecting words of the
funeral service, ns the pastor walked before them
to the scaffold; the cap was llfbught over their
eyes; and they dropped into eLctmly with more
indifference than the ox goes to tho slaughter.”
1 Yet this shocking debasement is frequently taken
for resignation to their fate.
I deem it useless to go farther in illustrating
the argument by examples of the effects upon the
criminal Him Self, presiimihg It will not be con
tended that the punishment of death was insti
tuted for any good cffeol expected to result to
him. Should such an argument bo urged, I
have only to say, it flies in the face of all expe
rience, and the writings of the most eminent ju
rists who have written on criminal law, and
whose opportunities were best for observing tho
effects of its administration; rind boldly contra
dicts its most celebrated advocates and apologists,
among whom was Dr. Paley, who, following
Blackstoue, says the object of punishment is to
deter men from offending, or in other words to
lessen crime.
Let us pads* for a mommit, and consider what
arc the immediate elleels opon the multitude, ol
witnessing an execution ; and let every man an
swer to himself, who has witnessed one, what
were his feelings. Was not tho enormity of the
offence, lost Iri sympathy for the sufferer 1 On
men of cold and philosophical minds, who can re
main unmoved amidst the convulsions of nalute,
and view with composure the agonies of a fellow
creature, I admit it would produce little or no ef
fect. Brit, to the honor of human nature be it
said, if this is Philosophy, all are not Phi
losophers. I assert, that upon the great majority,
the effect is different, from the moment that the
jury find the prisoner guilty. However strong
the tide of prejudice may have run against him
before, there is then an immediate reaction. The
effect produced upon the vicious and depraved,
so far from being salutary, is sometimes found to
increase the morbid sensibility of their minds,
and actually burry them into the commission of
crimes. When «c reflect upon the opportuni
ties afforded in an immense collection of per- 1
sons, to perpetrate crimes, the evil In comes »p- '
parent, to provide against wbirb, various means 1
have been r. sorted to. In the first place, to pro- 1
vent the sympathy of persons from having time 1
to exert its influence, some hove contended for 1
immediate execution, upon conviction, that the 1
crime for which the criminal suffered, might re
main so fresh in the minds of individuals, that 1
theirsympatby for the murdered should counter- 1
balance their sympathy for the murderer. This '
I unhesitatingly pronounce to be sophistry; for, I
although the execution might follow immediately
upon the sentence, there is a link wanting in the
chain of argument; which is, that the trial
should follow iifuriediatcly upon the comffilssiori
of the crime; and so far from this being the case,
it is often six months and sometimes years, be
fore the accused takes Iris trial. Therefore, un- 1
less there was sonic omnipotent power; to com
mand sympathy when to cease, ami when to
flow, I should suppose that 1H taking its natural
direction, it would bo more apt to be felt for the
murderer, at his execution, tv hen the agony of
the sufferer presents itself immediately to the
eye with all its horrible associations, than for the
murdered, at the bare recollection that some six !
months before, the former cruelly took his life.'
We know how we may be affected by touching
eloquence, and from reading an affecting story;
yet who would not he more affected by actually
witnessing the scenes described I But some con
tend that the execution should be delayed, that
s- | the convicted might have an opportunity of re
d, ] penting, which would not be allowed, were pirn
at ishment to follow immediately after tho convic
e viction ; and this clearly conflicts with the opin
h ! ion of those who go for immediate punishment,
a- A law upon which even its own advocates so
U- : widely differ, must be defective somewhere,
s j Again :to guard against the bad effects of pub
g j lie executions, in reference to the opportunities
,y j they afford for committing crime, some contend,
g that they should he public, so that it not only
i, should be known that tile punishment is liiflict
-6 od, but that it should strike terror to those who
L . witnessed its infliction : But, returning to our
proposition, that experience is the (Real corrector
ti of error, what do we find to he the fact, in refer
, ; cnee to this matter I What is the situation of
j this great prop of capital punishment, around
,f - which its advocates of all ages have rallied with
tj delight 1 We find that experience has dcmon
. atrated so plainly the absurdity of adhering to the
. plan of publicly executing criminals, that in ma
t ny parts ol llie world ills totally abolished, and
, t executions arc ordered to take place in the yard of
3 the prison, and it is expressly provided that none
. shall bo present but the executioner and a few
. witnesses. This is the law of Now York, and, if
( I mistake not, of several other States. They
„ have become enlightened as to the utility of the
. whole system of punishment by death, but have
C not had the boldness at once to repeal it. Not
I satisfied, however, against reason, justice and Im
, inanity, to retain what appeared so plain an ab
, surdity, they have made one grand though tinjor
f ous step toward its final abolishment. What
j were the arguments in opposition to the repeal of
s the law of public executions, when proposed in
- the New York Legislature i They wore the
[ same that will no doubt be used bore, if my argu
-1 mollis are deemed worthy of answering, because,
touch oho pririclplis of the hiw, arid tho same op
l position meets you at every point, whether in rc
■ fcronco to any portion or tho whole; namely : that
1 it destroyed the good effect it was contended was
1 produced, by public executions. Now when I
ask for its entire exclusion froth our Slate, tool
r and blanch, I may be asked, would I license tritir
_ der 1 Heaven forbid 1 If all the blood were col
t lected that has been shed by the bauds of murder
ers, from the time of Cain to the present rndmenl,
I it would form a mighty ocean whose gory waves
, would rise like crimson mountains, and bury us
; beneath them ! What has licensed murderers
> heretofore I might I not reply with equol justice to
i the advocates of the old law, that they are the
r licensors of murder 1 And that is not all—they
a, «to the butchers of milliom. They advocate a
” system, which all experience proves to be errone
n ous—a system, around which tho spirits of judi-
Icial murder and bloody tyranny hover in eternal
disquiet, ft was through their system that the
immortal Socrates, and no loss immortal Emmet,
suffered, beside myriads of others in ancient
, days. Approaching nearer- our own times, wc
view whole hecatombs slaughtered in revolution
ary Franco, to satisfy the insatiable thirst for hu
man Mood, of those monsters, Marat, Oanton,
and Rohcspioro. Sir, could the souls of all that
have suffered capital punishment, again resume
their bodies arid return to earth, they would he
enough to people it, with tho victims of your
bloody law; and might give a shriek of despair,
that would rend the earth, and reach to Heaven.
Let it not ho said, then, that I, who contend fur an
untried system, which I believe is based upon the |
principles of justice and humanity, urn in Ibis |
disposed to license murdfer.
If all men were diposed to wait for examples,
1 i
the progress of society would at once cease, none
being willing to try a new experiment, it would of
course remain untried. In this age, when every
hour unfolds new beauties ill llie ii[lecututivo, arid
new benefits in the practical world, will it be con
tended that wo alone should remain tied down to
old established and long exploded custortiri—de- <
pendents upon tho gchius and boldness of others I 1
Some may say we at least get rid of the crimimfi. (
This I consider a weak and unsustainable posi- |
lion. It is the one of all others 1 would prefer
meeting the advocates of the old law upon, he- '
cause their deferii, would ho rio less signal to them- ,
selves, than evident to others. Assuming it, then, (
as taken, let us examine it a little. To say no
thing of its violating every principle of humanity, {
it contains an absurdity within itself, because, r
the object of getting rid , could lie accomplished v
by the laxv now proposed. It matters nothing c
IloW a criminal is disposed of. All that could lie [,
expected, or asked for, by those who think it a a
great object—ami I admit it to be one—is so to i]
dispose of the criminal, as to prevent him from *
offending in future, I contend this mriy he j
done l>y imprisonment for life. This plan
may ho objected to hy some, from the idea of
the expense; hut I should suppose the manage* J
ment extremsly deficient, if the prisoners did not f
support themselves, which they should not only r
do, hut, under proper management, would no 1
doubt pay a revenue to the Stale. What has ,
been done, can certainly bo done again; and <
what is doing elsewhere, can most assured- •
ly be done hero. The Auborn Stale Prison, in *
New York, does this; slippoits itself, and is the j
means of revenue to the Stale. There, where I
labor of every description is lower than with
us, it is nevertheless found, even when employ-
ed in a prison, to yield a profit. This is certain- „
Iv ti Sbricluslvri nigiirnriit in favor of tho system o
here, where everything comes higher; hut, then, R
I may be answered, if labor comes higher with us,
the materials alto come higher, from which this
labor is to he supplied. But this is not tho fieri
I Those materials from which are manufactured ar- h
tides of the most value, and icadiest sale, can he l
furnished at home, from our own forests; Fof
I instance, timber, for wagons, or leather for shoes; (
1 so that, upon the whole, wc may conclude that la- j t
her in the Smith is higher than at the Ninth,,'
which will news, orily increase the value of nrti- j j
c|, b manufactured here, and that the materials fur |
their manufacture are cheaper; There is another I
!• ( Ct •’ rami of the convicts |n our penitentiary, by
. 1 the time they acquire a trade, am released. Such
- would not bo the situation of those imprisoned for
. 1 life. The longer they remained, the better work
„ men they would become, and the more profitable
> to the institution. Like all new undertakings, it
would require something to commence with.
. This, however, should not bo accounted a loss; nor
„ should the expense be taken into consideration;
( We gave some two or three hundred thousand
; dollars to Franklin College, and the direct pecu
niar;/ benefit resulting to the State, from that
, appropriation, is not one cent; yet who would
r not rather give oa much nlbre, than deprive it of
r what it has already received. This is a practical
, instance, where the good resulting to the Slate, is
f greater than the pecuniary benefit would be, were
I the money differently applied. So would it be
i in this case, where the good clfucts would tar over
■ balance the loss, should them bo any, which I
i contend would he nothing but the first outlay
. which in time would be repaid. If our penitentia
ry has liceii found not to support itself, tho defect
[ is in its management, or the principles upon
which it is established, and proves nothing against
the institution Itself.
• It has been said, and no doubt will be said
again, that the Bible commands the infliction of
, capital punishment. I know that the Bible is
, sometimes tbe last resort of a desperate dilemma;
and (batmen who practice none of its precepts;
. and have never read a dozen of its pages, will ne
vertheless, with great gravity, and apparent sancti
ty, appeal to it to sustain them in a doubtful posi
tion. To tbe literal constructionist, I will say,
you arc not at liberty to resort to a literal construc
tion of the Bible when it suits your purpose, and
abandon it when it duos nut; and to such I would
put this question : Do you nut sanction a viola
tion of tho Bible every day of your lives? You
go for capital punishment by hanging, which
sheds no “blood,” as the punishment for the mur
der of an individual, by stabbing, shooting, or
otherwise ; in all of which cases, blood is shed.
Now the Bible says, for blood, blood shall be shed j
end Again, the lex laliatut of tho Bilblc, says, “ an
eye for an eye, and a tooth for a tooth,” yet you
sanction as the punishment far all such offences,
imprisonment in the penitentiary. In this, you
arc at variance with the Bible,and with yourselves;
and how do you profidsc sheltering yovrselves
from this charge ? How will you explain and re
concile your inconsistencies 1 Will you attempt
it by saying that you die hot literal construction
ists 1 In that case, I abandon tho argument, as
unworthy of further pursuit l , and you must seek to
sustain yourselves upon some other ground, be
-1 cause, when you call to your aid that holy monu
ment of truth, you must meet it as it stands. I
urn aware that there is a very fashionable into
' pretution given to tho Bible, at the present day
by tbs difierent sects who claim to bo doers and
1 followers of its commnnds, to answer the particu
lar objects of each. There are great differences
of opinion among learned diviitda themselves, in
reference to particular sentences, and the manner
in which they should bo translated, all of which'
is calculated to leave the sceptic more sceptical,ra
thcr than to advance the cause of religion & truth.'
But I believe there is no diiference of opinion in
respect to the translations mentioned; and there
fore gentlemen must take them us they find them,
or not revert to them at all. If they propose act
ing out their principles, let them introduce a law
for tire purpose of punishing all olfenecs according
to the Bible: or, in other words, let them intro
duce the exploded lex talionis. If they fail in ef
fecting their object, I conceive them free as to the
course they should pursue, and invite them to a
comparisoaof the merits of the old law, with those
of the one proposed,
I'l’o be concluded in our next.]
Jacksonville, (Flor.) Feb. 11.
Yesterday morning the Augusta volunteer*,’
composed of the Richmond Blues, and tbe Rich
mond Hussars as infantry, and Glynn Camden
volunteers, commenced their march from ccinp,
on tho west side of river, opposite Picolata, to tho
bend quarters of Gen. Clinch.
They were impatient of delay at Picolata, and
set out on their inarch with alacrity and in good
spirits. Under their guard is a train of baggage
wagons, conveying provisions and store* to Gen.
Clinch.
Just before the march yesterday morning one
of the sentinels (Mr. Pemberton,) on the faithest
outpo-t, discovercrod an Indian. Ho came in and
reported what be bad seen to Capt. Robertson,
who immediately with a small detachment, scour
ed the hummock where tho Indian made his ap
pearance to the sentinel. No farther discovery
was made. This fellow was undoubtedly a spy;
ami the circumstance of his being there, renders
it not. Improbable that the volunteers will have
an opportunity to prove their courage, and tost
their skill in fighting Indians, before they reach
Lang Syne.— Courier.
The most cheering intelligence is now rccciv
cd from every quarter. Volunteers, militia, and
regulars are coming to our protection, and to en
force the stipulations of the treaty made for tho
removal of the Scminolcs. The Florida arrived at
the wharf Monday evening last, bringing the
/lichmond //unsure, another company of volun
teers from Augusta, Georgia, under the command
of Cap;. Samuel Bones. The spirited and philan
thropic movements of Augusta, demand from ua
the highest commendation, and have created a
debt of gratitude which wt can never duly repay
But Augusta, with its heroes, will long Be remem
bered. . . • ...... f
The Florida also had on hoard a Company of
volunteers from Darien under tho emtimandof
(.’apt. T. F. Bryan. The citizens of Twer!, were
among the.fmeijjdst to toel and to,ltd ih\ ho
of tbeir suffering tcllow citizens! Many
the gratitude of suffering Hearts, which, though no
opportunity may occur of expressing it, will ba
long felt,— ht.
Our Volunteers.— We observe that letters have!
boon published in Augusta censuring the Uharlat.
ton Volunteers for not marching to join Oen-
Olinrh. The volunteers who first left this city were
called upon', and volunteered expressly for the
defence of.St. Augustine; nor could they leave
that place without orders, on the mere invitation
of Other volunteers, whowished them to accompa
ny them elsewhere. The letter writers were, we
presume, ignorant on these points, and ought there
fore to have forborne easting censure on thoit
brother soldier*.— Charleston .Tferf.xry.