The Georgia journal. (Milledgeville, Ga.) 1809-1847, January 02, 1810, Image 1

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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,