The Georgia journal. (Milledgeville, Ga.) 1809-1847, January 02, 1810, Image 1
THE GEORGIA JOURNAL.
YoL. 1.
MiLLEDGEVILLE, TUESDAY, JANUARY 2, IS 10.
No, 10.
January next, all Constables sales in
the several companv districts in this
j>u hi t shed p.v sr.vroN grantl AND^other officers, as well jurors, witness-
(I'liiNTr.i; to Tin; statf.,) on j! F-es, and other persons concerned
it: it son street, opposite Tingtherein, shall be tfbund thereby, any state shall he held at the place foi
north end ok Tin. state-HousE.jlaw to tl:.* contrary notwithstandingfholding the Justices’ Court in saiu
....three do u, ars per an-i § 5 .And be it further enactei/y Thatldistrict, any law, usage, or custom to
om: half to be paid in ad- writs or recognizances- which'the contrary notwithstanding.
ihave been made returnable to the days) § 2 And be it further enacted, That
fT£ heretolore appointed lor hhlding the the Sheriffs of Richmond and Cha-
said courts, shall be returned to the tham, the Constables of the Augusta
TERMS..
SUM,
TANCH.
advertisements wii.i. be thank
FULLY RECEIVED, AND PUBLISHED,
AT THIS <#S10MARY PRICES.
I
"jialniJ of «3tot0ia.
bounding in inhabitants, and con
dcnsetl within the dimensions of sin
gle cities. The necessary conse
quence oi populous communities, is.
that a division of labour should tabu
place, which infallibly leads to ex
cellence in all the arts whici) embel
lish life, as well as those which mi-
ifister to the wants cl men. The
Arcadian scenes of rural life maybe
the residence of peace, simplicity,
innocence and happiness; but it is
hscmbl.
on tlte second Mon- That during the year 1810, the Laws
)f this State, passed since the poli
tical year 180'J, and the concurred
and approved Resolutions, except
such as relate to elections by the Ge-
leral Assembly, and every tenth
year thereafter, shall be compiled,
arranged and printed.
,2 BE it enacted by the autho-
rity aforesaid, That the Legislature
shall by joint baliot of both bran
ches, appoint some fit and proper
person to compile and arrange* the
laws of this state in pursuance of this
act and report the same to his excel
lency the'Governor, who shall ap
prove or disapprove oi the same.—
And when the work shall be thus
rlormed and approved by his ex-
AN ACT
To alter the time of holding the Su
perior courts in three several cir
cuits of this state.
t <\ 1. BE it enacted by the Senate
‘and House of Representatives of the
state of Georgia, in Genera! Assem
bly met, and it is hereby enacted by
the authority of the same, Thufrom
and immediately alter the passing
of this act, the times for holding the
Superior .co.urts in the Ocniulget
circuit, shall be as follows ; in the
county oi Jones
d iy in February and August ; Ran-
d >lph, on ilie third Monday in Fe
bruary and August ; Morgan, ol
the fourth. Monday in February and
August ; Green, on the first Mon
day in Mafch and.September ; Put
nam, on the second Monday in
March and St p ternher ; Baldwin,on
the third Monday in March and Sep-
teniber ; Wilkinsnn on the first Mon-
da . in April and October ; L iprens,
on the second Monday in April and
October, ; Telfair, on the third Mon-
da'- m April and October ; Pulaski,
on the foufill Monday in April and
October ; and T;viggs‘ or. the first
M mduv in May and November.
2 And be it further enacted, That
the turns lor hoiilidg the said Superi
or courts in tiie Western Circuit, so
far us respects the county of Wilkes,
shall be on the first Monday in June
and December.
§ 3 And be it further enacted, That
the time lor holding the Superior
courts lor the,Middle Circuit shall
be ns follows :
FALL CIRCUIT.
On the first Monday in Septem
ber in the county of Columbia ; on
'tiu third Monday in September, in
the. county of Warren ; on the fourth
Monday in September, in the coun
ty of J fierson ; on the first Monday
in October, in the county of Rich
mond ; on the third Monday in Oc
tober in the county ol Burke ; on
thi fourth Monday in October, in
the county ot ScTiven ; on the first
Monday in 3 Nov’r. in the county oi
"Washington ; on the second Monday
in November, in the county of Mont
gomery ; and on the third Monday
in November, in the county of Tat-
tutll.
SPRING CIRCUIT.
On the firsi Monday in March, in
the county of Columbia ; on die se
cond Monday in Marc h in the coun
tv ol Warren ; on the third Monday
in March, in the county of Jeiferson ;
on the fourth Monday in March, in
the county of Burke ; on the first
Monday hi April in tile county of
Seri veil ; on the second Monday in
April, in the county of Richmond ;
on the fourth Monday in April, in
(tlS| county ot Washington ; the Mon-
ti.iv thereafter^ in the county o"
?<I ontgoincry, and die Monday thcre-
altcr in the county ol Tatnall.
4- And be it fur'her enacted, That
the judges ol tine Superior courts ol
th;s state, or any ol them, when from
i disposition or other cause, they can
not attend any Superior court in any
J »Y unity at the' time prescribed by
I T law, for holding the same, may by a
written letter directed to the clerk
of said court, empower said clerk-to
adjourn said court to any day men
tioned in said letter*.and where from
th • multiplicity of business in any
Superior court, the Judges thereof
tocrccive that they cannot complete
V.i. same in the term prescribed by
law for holding the same, they are
hereby authorised and empowered to
at Ijourn the said courts to any other
duv as in their discretion they mat
think proper; provided, that the pro-
vi ;:ons in this section shall not ex
tend to the eastern district of this
state, and that all sherills, clerks, anu
b
said courts as herein pointed out.— and Savannah districts shall be, and
Any law, usage, or custom to the they are hereby authorised and re-
contrarv notwithstanding. jquired, to hold their sales at the Mar-
BENJAMIN WHITAKER, jket-house in the city >f Augusta, Ikjin the collision of towns, that the
Speaker of'the House of Representatives, the Court-House in the city of Sa-jhuman energies are called forth, and
I1ENRT MITCHELL jvannah ; any thing contained in this
President of the Senate 1; tw, or any other, to the contrary
Executive Department, Georgia, notwithstanding.
With respect to his written project,
it will suffice to remark :
1st. That besides his reluctant and
indistinct explanation of die 'disavow-
d of the original adjustment, he did
not present Fis proposal, until he had
made such progress in his offensive
insinuation as made it proper to wait
the issue of the reply about to be gi
ven to it, and that this issue had ne
cessarily put a stop to further com
munications.
2dly. That although he had given
its to understand tint the ordinary
Assented to,
15th December, 1809.
D. B. MITCHELL, Governor.
AN ACT
Fo compile and arrange the laws
and resolutions of this state, pas
sed since the political year, 1800.
§ 1 BE it enacted by the Genera
B E N J A M1N W H1TAKF.R,
the human mind swells into gigantk credentials, such alone as he had de-
stature. It is in towns that the arts livefcd could not bind his govern-
and sciences receive their biftli ; and meat in such a case, his proposal
there also they are carried to perfec- had neither been preceded by nor ac-
Spcakerof the Uoufe of Representatives.jdon. Rome assumed die wreath of a'ompained with the exhibition ol o-
HF.NRY MlTCHKLL, the muses which had been pluckodjther commission or full power: Nor,
President of the Senate, from the brow of Greece ; and sliehndccd, has he ever given sufficient
Executive Department, Georgia,
Assented to,
12th December, 1809.
D. B. MITCHELL,Gdvtrnz
of the State of G
Mi SCELLAMY
On the American Genius.
(Concluded from our last.)
II these propositions a to correct,
it will follow that when we compare
two nations with each other, we
should first enquire whether their si
tuations have been equally auspici
ous to their gaining'tiiis f.rst step,
and whether untoward circumstan
ces have occurred to retard then-
progress afterwards. I shall endea
vour to shew, tli.it the superiority
Which Europe has enjoyed over sa
vage America, results, in act, from
the fortuitous circumstances -which
attend her first Set dement, by which
she was enabled both to make an car-
in Iter turn resigned it to the Nor-|reason to suppose that he had any
them barbarians who.have foundcdjsuch full power to exhibit in relation
the present political societies-of Eu-jto this particular case. It is true,
rope,
the ptfogri
Europe was peculiarly happy, firstjto conclude a Convention between the
i laving received the germs of-lite-\trvo countries. Without adverting to
dure from another country ; and the ambiguity of the term eventually,
From this rapid review oijihat in his letter ol the 23cl October,
is of learning, it appears, he,has stated an authbritv eventually
iecondly, in having them deposited
n cities, which like hot-beds quick
ened their growth.
The situation of America was the
reverse of all this. A country of
unbounded extent ; possessingspon-
vvitli the mark of emphasis attached
to it, and to other uncertainties in the
phraseology, it is dear that the au
thority referred to, what ever jt may
be, is derived from instructions sub
ject to his ortm discretion, and not
such
t lticoitslv every species of whole-Mom a patent commission, suen as
some aliment ; its forests filled willi'anght be^propcrly called for. It is
those animals which invite men toltnru alffo 'that in his letter of the 4th
die chnce ; these apparent advunta-M November Subsequent to his pro
bes of nature are the real causes of'posal, he says he was possessed of a
the retardation of the human intel-M 1 power in due form for the express
lect hi America. None of thosJpiD'pose of concluding a treaty or con-
causes existed w hich could compel venlton.
periormeu ana approvea ov ms ex-1,. ,
1 ,, .\c' !ur advance m science, and to pursue
cellencv the Governor, he sliail pay , v ’ 1
• .r i. .< - Iter discoveries to a greater extent,
out ot the contingent fund to tne tier-
., ,* • T, , 1 Greece was mliabited ov savage
son thus perlormtng the work, a sum ,, , .
, 1 , • , , ° , ,, , land barbarous trioes when Ute Pna-
ol money, winch he shall deem an a- • . . mime v.
. • • . , nicians. a people ot Asia, sent lurch , r
deqdate compensation lor the work. 1 , 1 , 1 , ’ , . . move lr
> , , 1 . .. . , r , colonies who took up their abode
L And be it further enacted, I nat ■ , • , , . . in unb
..... „ J , ... i „ within her bosom, iliese colonists ,
it hes excellcncv the Governor shall • , ■ , . , .. . • them to
,< carried with them the arts
approve ot such compilation of tne ,
, 1 - mother country, winch were
Laws ol the state as may be leport- . ,
,• • d- Ivcry inconsideraule m tl
eel in conformity to this act, that . t , .
, , , „ J . , . ’ , out highly important, as I li
then he shall cause to be printed m - ° J 1 ’
quarto or octavo bound volumes,
two-thousand copies of the Laws, as
shall be reported to, and approved of
by his Excellency, in terms of this
L
of th
indeed
in themselves,
ivc al
ready shewn, as they related to the
future progress of their possessors.
We know hut little of Phoenicia, or
whether she derived her knowledge,
from others or gave birthto it herself.
But whatever was the mode by
which she acquired it, we may pre
sume that it resulted from nearly the
the American to take the first steps
owards improvement ; and men are
mly to be driven 'Yom ignorance l)}'
tite arm of necessity.
America it is true avas occupied,
like Ancient Greece, by inhospitabl
5k ferocious tribei; But this circum-
tance cculdonly induce them to rc-
Tarther from each other, whici
unbounded continent enabled
to perform, without limitation.
Nfor alaauld it be forgotten that uni
form experience tells us, that there
s a certain fascination in the wilf
and unrestrained state of nature,
vhich would even deter men from
he yoke ol civilization, di.l not ne
essitv ent.une them.
act.
§ 4 And be it further enacted. That
after the said,laws are compiled, ar
ranged and printed, diis Excellency! ... ,
, A. 1 , ,, , r same causes which conspired to pre-
the Governor snail cause *>'** - • 1 1
to he distributed in the respectiv
‘ {serve, enlarge and ripen it, after it
. r , • c 11 ' C was transferred to the Greeks. As
counties ol tins btate, agreeably to ,i • , • . , . ,
, , ... , . V, r . this period is more within the coin-
the rules laid down bv the .Lonstitu-L .
... , • .i Ipass ol history, our conclusions
uo» to,- the apportioning th,, rept-e- [ Vom „ wi|| , nore :, Jst anJ
U
sentatives in the respective fjounties
—and the proportion which shall he
assigned to the different counties
shall be transmitted by the Govern
or to the justices of the Inferior
courts, who shall distribute the same
in-proportion to the number ol Civil
Officers in such county, a
5 And be it j'urilier enacted, That
its often as the laws of thi.state shall
be compiled^ arranged and printed
in pursuance Iff this act, his Excel
lency the Governor shall reserve five
hundred voluaics, for such further
distribution aV the Legislature may
think proper. \\
BENf AM/N WIIITAKER,
SpeaKtrof the Hojuse of Rc-presentativeB.
HENRI' WTCHELL,
jiYGrient of the Senate.
Executive deparuvei.t, Georgia,
Assented
December
D.B.
; to '\ \
, m»9.)
HTCHfLL,
12
Mil
Governor.
BOM MST 1C-
an Act
r<) alter and amend the eighty third
section of the judiciary, passed
the 9th of February, 1797, and to
amend the judiciary, passed the
16th of February, 1799.
Whereas the said section com
pels ail Constables in the company
district where, the court-house is in,
for holding the Superior court, to
make their sales at said court-house,
for.rcmedy whereof;
§ 1 BE it enacted by the‘ Senate
and House cf Representatives of the
State of Georgia in General Assembh
met, and by thp authority of the same
That from and after the first day of
accu
rate, than from any prior a-ra.
These colonists, small in number
surrounded by numerous bands of
hostile barbarians; and unable to
occupy an extensive territory, con
tracted themselves within the walls
of cities, together with a small' mar
gin of land around them. As po
pulation encreased, this land became
insufficient for their support, and
hence they were driven to the in
vention of new arts ; hence they re
sorted to commerce as a inode ol
procuring subsistence ; hence many
turned their enquiries into the walks
of literature, and gave to Greece
Her splendid pre-eminence over the
nations of antiquity. Greece lost her
liberties, but retained her science.—
The barbarians who came to despoil
her of her wealth, carried off also a
more precious treasure, of whose
value they were unconscious, the
seeds of learning and the sublime
speculations of ethics, which requir
ed only time to germinate and ma
ture. The rifled flower faded and
expired; but its sweets were hoard
ed up by the industrious plunderers,
to become the sources of a more per
manent delight. The human mind,
which had flowed like a majestic ri
ver through the favoured soil of
Greece, and dispensed its blessings
around, now changed its channel,
and by this melancholy alluvion, left
its ancient bed a naked, drean and
sterUe desert. It happened fortu
nately for Europe,’that all the coun
tries into which literature was intro
duced after the ruin and subjugation
of the Grecian states, were limited
like them in extent of territor)-, a- ncin
Mu. Smith to Mr. Pinkney.
Department of State, Nov. 23,1809.
(Continued.)
You will perceive, that through
out tiie early stages of the correspou
ence this case was in some respect
improperly confounded with, in o-
thers improperly separated from that
ol the orders in Council; and parti-
ularlv that pains iiad been taken by
Mr. Jackson to substitute verbal
md vague observations on the dis;
vowal of this part of the arrang
ment for an explicit and formal ex
planation, such as was obviouslv
due. It will lie seen also that when
finally brought to the point, he re
ferred for a justification of the disa
vowal to the departure of Mr. Ers-
kinc from his instructions without
shewing whal those instructions were
and to allusions to an expression in
the arrangement without giving to
his meaning the distinctness pre-re
quisite to a just reply.
It appears, however, that he lay
great stress on the proposal encloseu
in his letter of tiie 27th October, y
at once indicating the departure of
Mr. Erskine from his instructions
and as containing tin! conditions on
the basis of which he was ready to
enter on an adjustment. Andiron
a note from the Secretay ot the B
tish Legation, it appears iliat he ha
complained of not having receivci
an answer to this proposal, as he hac
before complained that no answei
had been given to his verbal disclo
surcs on this head in his interviews
with me.
With respect to his intimations in
conversation, as they were precedea
jy no proper assignment of the rea
sons lor not having executed the ori
ginal adjustment, it cannot be ncccs
airy to,remark thatuo such notice, ai
ne wished to obtain, could with an\
ort ol propriety have been taken o
But it still remains uncertain, whe
ther by the treaty or convention to
which it related, was not meant an
vcnlual or provisional treaty on the
repent! relations between the two
;ountries without any reference to the
.vase of the Chesapeake. Certain it
is that the British government in for
mer like cases, as will be seen by the
adjustment of that part of the affair
at Nootka Sound, which is aualagous
to this case, Fuel not consider any
such distinct full power as necessary ;
nor is there the slightest ground for
ipposing that M. Erskine, although
confessedly instructed to adjust this
evf case of the Chesapeake, was
furnished with any authority distinct
rtmi liis credential letter. That Mr.
ackson lias any such commission
i the less to be supposed, as it is hut
arely possible, that possessing it he
hould not on some occasion or in
ome form have used a language sus-
■ptible of no possible doubt on this
point.
But proceeding to the proposal it
self, it is to be kept in mind that the
conditions forming its basis, are die
ery conditions for the deviating
liom which Mr. Krskinc’s adjust
ment was disavowed. Mr. Jackson,
1 not on others, is on this point ex
plicit. “ I now add, says he, that
he deviation consisted in not rc-
ording in the official document
igm d here the abrogation of the
l*resident’s proclamation of the 2d
uly, 1807, as well as the two re
serves specified in the paper of me
moranda cnclos d in my official let
ter to you of the 27th ult.
Considering then the conditions in
the proposal as an ultimatum, in what
light are we compelled to view such
m attempt to repair the outrage coin-
nitted on the frigate Chesapeake and
to lieal the disappointment produced
iy a disavowal of a previous equita*
lie reparation ?
It is impossible on such an occasi-
m not to recall the circumstances
a hich constituted the character of
. ie outrage to which such an ulti
matum is now applied. A national
-hip proceeding on an important ser-
i e, was watched by a superior na
zal force enjoying at the time the
losp'.taiitv of our ports, was follow
ed and scarcely out of our waters
when she was; after an insulting sum
mons, attacked in a hostile manner;
and the ship so injured as to require
• xpensive repairs, the expedition frus
trated, a number of the crew killed
iiid wounded, several carried mto
laptivity, and one of them pu to
.leath under a military sente ce.
Fhc thie seanun, tho’ Amtr an
it izem, and therefore on every sup.
-osition detained as wrongfully as
die ship would have been detained,