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Macon telegraph. (Macon, Ga.) 1826-1832, December 19, 1826, Image 1

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Tuesday, Dec. \9, 1826. BY MYRON BARTLET. Volume 1 No. 8. tj-?» The Telegraph is published weekly at Macon, Ga.—Office on Cherry Street, near the Public Square, TERMS.—■ Three Dollars per annum, if paid in advance, or Four Dollars at the end of the year. Distant subscribers must in all cases pay in advance. Advertisements inserted at the usual rates. GENERAL JACKSON. The following letters, having their origin in the Politics of the Day, seem also to belong to ihe history of the late war, and thus pos sess a double claim to a place in our columns : Louisville, September 29, 182G. Dear Sir : Many considerations induce mo to intrude this letter upon you. I solicite you, as briefly as you shall choose, to lot me know your opinion of the merits of General Jack- son, for his defence of New Orleans in the late war, as well as his claims upon the West, and the Union at large, for those services. I nfn aware of the importance of ths request, and that it will be reluctantly granted—but impell ed as I am, from considerations of justice to a distinguished citizen, free from party motives, Ihope that you w'll give me tin answer as soon as your convenicn ic w.ll pci mit. I am, Sir, with sent.ments of high regard, your obedient servant, WORDEN POPE. General John Adair. Mercer County, October 15,1826 Dear Sir: Owing to an absence often days from home, yours, of the 20 h ultimo, was not received until last evening ; and being now on the eve of setting out on a journey to Was- hi’a, and New Orleans, I have but little lime for reflection, or recollection, on the subject of your letter. I will, however, in justiceto Gen. Jackson, state, that all his measures for the de fence of New 0/leans, nfter 1 arrived there, wet e well calculated to ensure success, if suc cess could be hoped for, from the vc>y slender and inadequate me ins under his command.— I did not reach his camp until ho 3d of Jan uary, at which time his line of defence was nearly finished, and his nten at their posts.— Ho had fought his first bat.le, on the 23d of December, which, although a victory could no: be claimed on either side, was certn.nly of the utmost importance to him, from the effects it produced in bis own cump, as well as on the en emy. To appreciate fully anil fairly the m'litary talents displayed, or services performed, by Gen. Jackson, during the siege, would require a flc.ttil of the difficulties and dangers which lie- had daily and hourly to meet; such a detail would not be proper at this time, nor is it ne cessary for me to make it. An opinion seems to prevail with many, that an officer may do himself much honor, and acquire great fame, who possesses little more than daring courage and bodily strength. This may happen with an inferior otficer, a Colonel of a Regiment, or even a General of a Brigade, who acts al ways under tiic orders of a superior, and has no occasion to think for himself. But the Com mander in Chief of an Army, in a difficult and -complicated service, must possess a cool, cal culating head, a vigorous mind, a rapidity of reasoning, with clear perceptions, that w.ll bi ing hint, at once, to conclusions, upon which hois ready to act—for tune, with hint, is often all-important—and, from my experience through life, I believe there are fewer men, thus highly qualified to distinguish themselves at the head of an Army, than to fill any other station in any Govenuent—yet such qualifica tions alone, ever did, and ever will, enable a Commander in Chief to acquire great fame, an, J perform eminent services; and it would be unjust and to deny to General Jackson the possession of ‘these qualifications. In truth, it was the prou pt and firm display of these qualities that inspired the raw and un trained materials of which his army was com posed, with confidence and resolution to re sist, successfully, the tremendous assault of the veteran Army of the invaders. Respectfully, your obedient servant, JOHN ADAIR Worden Pope, Esq. The case of Sulliyant and the Steam- Boat Company of Georgia, against Black, was argued at the recent session of the Circuit Court, and the injunction obtained by the Company, from Judge Cuyler, dissolved. W e w.ll endeavortogeta report of this caso from die counsel concerned,but at present give the following particulars us they have been communicated to us. The Steam Boat Company of Georgia have “T years past, claimed the exclusive privilege ?* navigating the river Savannah with Tow "oats, under the assignment of a patent ob tained in 1826, by Sullivant. The defendant, Black, master of a south Carolina Steam boat, owiied by Mr. Lazarus of Charleston, naviga ted the river with tow boats in a manner simi- Ji*r to that used by the Steam Boat Company boats. An injunction to restrain this, as an in- I Ir| ngcmcnt of the Company’s right, was ap plied for to the District Judge, and granted.— * ’"is term Davies and Law moved for a con- ■nuance of the injunction upon a variety of bfountis, supported, as W e are informed, with t.| Uc 1 J'Mity. Tho motion was opposed by i , hat lion, also upon a variety of grounds 1 these principally ;—That there was no in- . disclosed in the patent, towing being j‘ °ld as navigation itself; and that there ap peared never to have been tin assignment to xuc ' »«• Bt. Co. as au incorporated association, . Johnson, in delivering his opinion, -iu there was no invention or discovery dis- ‘ °jl ,n ’ho specification of Sullivant’s patent; mat there appeared no assignment, as was contended by defendant’s counsel; therefore their plaintifis could take nothing by their mo tion. Judge Cuyler, withettt expressing any opin- on upon the originality of the invention; concurred in opinion with Judge Johnson, that the injunction ought to be dissolved—the rem edy oi' the plaintifis, if they had pny, being at law. We believe this statement to be substantially correct. If so, it results, that the navigation of our river, without much danger from legal process, is now open to individual enterprise. We know not whether anv further proceedings me intended by the St. Bt. Company.—Sa vannah Republican. GEORGIA LEGISLATURE. REPORT OP THE INSPECTORS OP THE PENITENTIARY, Penitentiary Edifice, Gcorg'a. November 20, l-ytti. The undersigned, Inspectors of the Peniten tiary, to whom was committed the superin tendance of the Institution, take great pleasure iu having it in their power, (notwithstanding the many embarrassments which the whole country have labored under for the last year) to represent the establishment as being in a more flourishing condition, than at any period since its first foundation. During the past year various improvements have been begun, and no doubt is entertained as to their ultimate success; the establishing of a spinning and weaving machine, may bo con sidered of vast .importance to the Institution, inasmuch as it will thereby be enabled to save the expense of clo'hing the convicts the ap preaching year, which by a reference to the accotint curioni annexed, you will find amounts to a heavy sum. The reputation of the work manship has continued steadily to improve for the last yetr; and although deprived of some of its best workmen whose term of service ex- p red, still continues to maintain the standing which it has so justly acquired. We would here inform the committee, that at tho commencement of the present year, we found flue the institution in notes and accounts, upwards of twenty-one thousand dollars, four teen thousand of which consisted of open ac counts, a considerable portion of it due from the adjoining counties. Believing it also to be matter of vital importance to the interests of the institution, that the accounts should be 1 - quidated, and as speedy a collection of its debts enforced as possible; and in order to ef fect this important object, it was the opinion of the Board that the services of some active in dividual should bo procured for that purpose, nd also to act as a secretary to tho Board of Inspectors, having previously abolished tho ap pointment of secretary and tho inn door clerk appointed by the former Board, which was be lieved to he unnecessary. We should not have approached this sobject, had there not existed a difference of opimofi between thp Principal Keeper and the Inspectors, as to the necessity of having such an officer employed; for the ne cessity of such a person in this institution, wo beg leave to call your attention to this fact— last year tho amount of debts due the institu tion in notes amounted to seven thousand seven hundred and eighty-four dollars thirty-nine and three quarters cents—this year there are in notes thirteen thousand five hundred and eighty-one dollars sixty-six and a half cents, notwithstanding a large proportion of those duo last year have been collected, the difference of which have in a great manner been obtained in consequence of having this officer employed whose entire business is to collect monies, take notes and secure them. There is one other matter connected with this subject.—It will be seen at once, that besides having the accounts in a shape for collection, without difficulty, tho interest accrqing upon tho notes will more than doubly repay the person who may be engaged in fact the inspectors deem it an offico of great importance to tho welfare of the institution— We would therefore most respectfully recoin mend tho committee, to take this matter into consideration, and should they doom such an officer necessary, to make provisions for h appointment and salary. Another difficulty presents itself, connected with the accounts of tho institution: It is well known to you, that for till sums over thirty dollars sued on, the plaintiff must prove, an actual delivery of the articles or work done, before judgment can be obtained. To do this at the Penitentiary, a large account of long standing, where the officers are so frequently changed, is almost impossible: this difficulty has been felt by the Board, and recommend it to the Committee a fit subject for consideration. Another very important matter connected with the interest of the institution, is the fur nishing of rations to the guard and convicts: large sum of money might be saved to tho Slate, provided tho legislature would authorize the appointment of a Commissariat, whose do ty it should be to purchase the necessary quan tity of beef, and other articles necessary for the supply of rations: by this means, it would bo nccossary to extend tho wall on the north side of tho building, and in the enclosure erect «tan yard; the article of leather, (which forms a considerable portion of the amount paid out for stocks) could bo manufactured, and in a few years the institution would be able to supply all iiiodeather necessary for its consumption, By a reference to tho account current, it w U be seen, there remains a balance tn favor of 'lie institution of'one thousand nine hundred and ghty-nine dollars seventy nine and a half cents; it is however reasonable to suppose, that when an establishment of this kind has so large tn amount due it, that something considerable may be lost in bad debts; we are however of the opinion, that one thousand dollars will more than make up the loss; tho interest upon tho thirteen thousand five hundred and ninety- one dollars sixty-six and a half cents now due, mil a great proportion bearing Interest for twelve months, it is confidently believed, will make up the loss. During the past year, it was thought advisa ble that tho principal keeper should repair »o Charleston, for the pnrposeofprocuiinga sup- >ly of articles, necessary for the whole year; le accordingly done so, whereby a considera ble sum was saved to die institution. The juunter of escapes fiom die t’en' , eni , a- ry tor some years p is , have been mmy : —Du al? the las; year none have escapee, which re flects the highest credit upon the judicious me mu cs of the Principal Keeper. In all u- ges and civilized couna es, it has been the w sh and desire of all those who have had it in ihe>r power to res'ore to v riue the lost and wrench ed men who have bcetj guilty of the most wan ton and outrageous crimes, against the laws of. God and man. It is bel oved that the mem bers of any community, may, by degrees, be trained to lve w.dum idleness and without crime, and without punishment. Our peniten tiary, therefore, n a great degree, falls slier of the in on ion for which it was founded—Here tho perjurer, forger, the man that is gully of manslaughter, burglary, and horse steal ng, the young thief for his first crime, the old and hard ened vilhan for his many offences, all receive the same punishment of four, five or seven years confinement at hard labor, partake of the same food, and under the same restrictions. A sentence to the penitentiary should, if pos sible, create a feeling of horror and dread, at the prospect of being shut out from all society whaiever, and perhaps for years confined in a solitary cell, never to behold the light of tho sun. It is therefore believed, that a more ri- rigid discipline with the convic s, would be the means of effecting the great objects for which :t had its first foundation—In fict, many of them feel better satisfied wi b their present con dition, than they would if compelled to provide for themselves: Hence the reason why we see so many crimes committed almost daily. Nothing is so well calculated to soften tho passious and reform the h irdcncd and unfortunate wretch, as solitary confinement and sparo diet. We have men ,r oned these circumstances, because wo feel ourselves called upon by the most bind ing considerations of duty, and our sol citnde to maintain tho prosperity of the institution, and furthering this most important object of all, the reformation of the culprit, Wc would also most solemnly and earnestly request the committee, if poss.ble, to afford the criminal an opportunity of hearing tho Word of God, and h iving impressed upon their m ads the importance of a speedy reformation in their lives and conduct. We have great satisfaction in addin? to this report, that the Principal Keeper and Assistant Keepers have, by their attention to the respec tive duties wh.cli are allotted to them, merit ed our highest confidence, for their unwearr- ed perseverance in endeavoring to promote the welfare of tho institution. In presenting these our imperfert views, of the situation of tho institution, and what wo have deemed necessary for its welfare, we have been actuated from the best motives, and a de sire of promoting the interests and prosperity of those who arc, unfortunately, the objects of Penitentiary punishmen'—If we have erred, tire in hopes it will he attribu’ed to an error of the head and not of the heart. All of which is most respectfully submitted by, gentlemen, your obedient servants, JOHN BOZEMAN, i It. HF.PltiTHNJ \Inspecton. Tito above report and account current are respectfully submitted by your obedient ser vant, PETER j. WILLIAMS, Principal Keeper Penitentiary. Tho number of convicts received in the Penitentiary from its establishment to tho 1st November, 1826, is three hundred and eigh teen, of which eighty-eight are now confined, ninety-four have been pardoned, ninety dis charged, twenty-six escaped, and twenty died. Their places of” nativity. OS Georgia fiO South Carolina 57 North Carolina 35 Virginia 11 New York 9 Pennsylvania 9 A’uy'and (i e.v Jersey 1 fthoile Island 4 Connecticut 1 AT—nnchuoette 3 Canada 4 Tennessee 1 New Hampshire 23 Ireland 1 .Scotland 11 England 2 West Indies 1 Holland 4 Spain 2 France I New Orleans 1 Prussia 1 Portugal 318 The number oi Convicts in the Penitentiary,-on the 1st No vember, 1820, and their occupa tion. 1 16 Blacksmiths 4 Cotton Gin makers 10 Waggon makers 5 Carriage makers 2 Carriage trimmers 4 Painters 4 Shop Joiners 2 Cabinetmakers O r riiPnoi*e • 1 Windsor Chair maker ! Cooper 1 Weaver 2 Simmers 1 Washer 2 House cleaners 6 Hough choppers 5 Tailors 5 Harness makers 9 Shoemakers 3 infirm men • 1 Hospital attendant 2 Cooks | 88 M- B. HEPBURN. The Penitentiary in account uith the State of Georgia. Dr. For amount debts due in notes, 31st Oct. 1320, $7784 39 34 Do. Accounts, Do. Stock on hand in man ufactured articles, Do. Raw Materials, 14221 28 -22005 67 34 2522 62 1-2 3614 54 Do. Drafts on the execu tive for the 1st, 2d, 3d & 4th qrs. salary officers, 6158 23 14 Do. Drafts on the Execu tive in favor of the Con tractor, including one for a small balance last year, 2653 50 Amount of warrants to In spectors, 672 00 Do. Exp. in purchase of 6137 16 34 8821 72 34 stock, Do. incidental expenses, Do. clothing Do. commissions, 13110 77 1828 41 34 528 42 357 64 1-2 -15831 28 14 Balance in favor of the In stitution, 1989 79 1-2 $55160 65 Nov. 1,1826. By amount of debt* due in notes, $135 4 1 66 1-2 Do. Accounts, 14510 99 1-2 Stock on hand in manufac tured articles, 6590 14 1-2 Do. Raw Materials, 5216 56 34 Cr. 23092 66 Do. of cash received as per receipts of 1826, * By balance brought dawn. 11806 71 14 15561 28 IN SENATE. Wednesday, December 6. Coffee, from tho jo.nt committee op ft- n ncj, to whom was referred a resolution di rect ng iliem to inquire into tho propriety of reducing the rate of interest in th s State—al ter having had the same under consideration, aro of the opinion that <t' is not expedient to interfere writ the law on that subject, and therefore recommend the following resolution: Resolved, That the committee he discharg ed from the further consideration of Slid refe rence—wli'cli was read and agreed to. Mr. Coffee, from die joint committee on fi nance, to v.’hom was referred a resolution in structing them to inquire mto the expediency of imposing a tax on money and exchange brokets—reported, that they havo had the same under consideration, and are of opinion that it is proper aud expedient that the said tnunoy and exchange brokers should bo taxed, and therefore report a bill to tax money and exchange brokers, or any other persons by whatever name called, who make a business or profession of buying or or selling money or bank b.lls, or exchanging the same for a profit —which was read the first time. BILLS PASSED. To amond tho sixth section of an act, enti tled tin act to idler and ameud an act passed 23d December, 1822, and to distribute the Bank Dividends and other nett proceeds of the Poor School Fund, amongst tho diffo’cn' counves iu this State, passed 22d December, 1823, and also to atnend an act to distribu e certain funds for the use of tho several Ac - demies in this State, passed 23d December, 1822. To establish and regulate district elections in tiie coumy of Junes. To authorize Elijah Phillips to erect abridge or ferry over the Towaliga river in Monroe canny, oil his own laud, ond to establish tho toil rates, , To lay off, define and keep open, tho main channel of Flint and Chattah tochio rivers, so ns to prevent the obstruction of the free pass age of bo its and fish, and to appoint comm s- sioners for the same, and also to uppoiu. one commissioner for the Ocntulgee rivet. To amend rite Penal Code in this State, so far as relates to costs on indictments. To add the academy fund to winch the coun ty of Baker is entitle., to the poor school fund of said county, and fifty dollars soventy cents of tho poor school fund to which the county of Early was entitled for the years 1824 and 1825', to the same—and to authorize the taking of the census of sundry counties iu this Stuie. Thursday,. December 1. On motion of Mr. Daniell, resolved, that a committee he appointed to mvestiga.e the cit cumstances of the pi ait mg, with icports con cerning tho Darien Bank, a certain private loi ter from A. Kimberly to A. B. Powell, esq. together wnh o.her papers, dl unkown to the senate, when tho said reports were ordered io be printed, and that said committee bo audio rized tosoud lor personsandpapers. Messrs. Dtnieii, Beall, Telia lie, H >xey, Burney, Witt and Jones were appo.nted that committee. The following b'lls were passed: To consolidate the poor school fund, and n-. fund for Dooly county; To extend tho time for district surveyors to make their returns—Yeas 37, Nays 14. To divide Upson coumy into election dis tricts; , . To amend tho fourteenth section of tho act to d ispose of the lands acquired by the treaty of 1825. Mr. Baker reported a bill to incorporate and vest certain rights in the Monaghan Aca demy in YVarren county. Friday, December 8. Tho following bills were passed: Assenting to and confirming a purchase mado by the United States of apiece of land situated near Augusta, Georgia, and for. coding tho ju risdiction over the same. To amend an act passed in 1825, to lay oil Emanuel and Tattnall ’ counties into election State, so far as respects the separate election heretofore held at at house of Samuel Arm strong in tho county of Henry. To incorporate Corinth Academy in Bald win county. * To amond the road law, in reference to tho liability of commissioners, etc. as respects El bert county. To incorporate the Oak Grove Academy in Morgan county. The resolution requiring Justices superin tending elections at the next general election to have endotsod on each ticket an expression : dative to the congressional district system, was negatived by tho senate. HOUSE OF REPRESENTATIVES. Monday, December 4. The bill to organize the territory lately ac quired from the Creek Indians, lying between Flint and Chattahoochic rivers, and west of ibu ChattuboocKio i/ver,- was taxon up in commit tee of the whole, and after being amended, and considerable discussion had, was read the third time and passed. Tito li 11 further to amend tho act incorpo- rating the Bank of the State of Georgia—and ^ Tho h II to raise a tax for the stipport of Government, for the year 1827, wero both se verally read the third time and passed. Thursday, December 5. On motion of Mr. Burnside, the house re considered so much of tho journal of yesterday, as relates to the passage of the bill to organize . the territory lately acquired from the creek Indians. BILLS PASSED—viz: To repeal an act, defining the du'ios of tax collectors, passed 9th December, 1824. To establish free schools in tho county of Gwnnett. To alter and amend an act, entitled an act to amond the fourteenth section of an act to pro tect tho estate of orphans, and to make pertna- , nent psovisinn for tho poor, passed 24th of November, 1818, so far as respects tho coun ty of Burke. T o establish an additional election district in the county of Columbia. O Wednesday, December 6. The bill from senate to repeal the act laying off the state imo seven congressional distr.c.s, passed 1825, was taken up, read the third time, and on the question “shall this bill now pass!” it was determined in the affirmative—the yeas md nays were required to bo recorded, and are yeas 65, nays 01. \Evs—Mcssra. Abercrombie, Bacon,Barnett, Barr, Beall, Billups, Birdsong, Blt'ikue, Boring, Brooks, Bryaiq Bunn, Burton, Byne, onumbers, Childers, Christian, Cobb, Cochran, Cone, Collier, Conner, Dillard, Doughor.y, Dye, Exuin, Featlicrston, Floyd, Freeman of Oglethorpe, Gilmore, Haynes, Heard, Hicks, Holt of Jefferson, Holt of Richmond, Hull of Camden, Hull of Clarke, Hatchin* of Gwinnett, Jones, Jordan, Kellum, Kennon, Knight, Kolb, La nier, Lahon, Lewis, Martin of Jackson, Mealing, Mon roe, Moore, Muncrief, Perry. Philips, (tuarterman, Ilea, Robertson of Chatham, 8 arborough, Spratlin, ^uireney, Tait, Thomas,-Thompson, Turner, Way Na rs—Messrs. Adair, A'kins, Ash, Bernes, Bates, Burkes, Burnside, Campbell, Chastian, Collins, Day, Davis, Denmark, Deunard, Ebcrhart, Echols, Free man ot Franklin, Gholson, Gilbert, • Grice, Hay, Huzzard, Hendrick, Hicklin, Holmes, Howard of Baker, Hutchings oi Jones, Johnson, King of Craw- lord, King of MTntofa, Martin of Franklin, M‘Dow- ell, Mills, Murray, Pettit. Primrose, Render, Robin son of Jasper, S .lfold, Sheheo, Smith of Jasper, Smith of Jones, Stewart, Vickers, Watson of Bald win, Watson of Early, West, Wiggins, YVilcox, Wot lord, Wood—51. Tho bill u> amend the first'section qf tho 3d tc: of tho constitution was negatived by tho house. The bill amendatory of an act, prescribing the mode of m mumitting slaves in this Stale, and also to prevent the inveigling and illegal carrying out of tho State persons of color, was read the 3d time and passed. On motion of Mr. Featherston, the house look up the reconsidered bill to organize tho territory lately acquired from the Creek In dians, when Mr. Featherston offered a sub stitute ; the same being read, various amend ments were proposed, and considerable discus sion hud thereon, the House refusing to striko out, and on motion that said substitute be re ceived by the House in lieu of the reconsider ed bill, it was determined in the affirmative, lie bill was then read the third time, and on'the question, “Shall this bill now pass?’’ the yeas and nays were requited to be recorded, and aro yeas, 69, nays 45. [Five new x couni es and one judicial circuit are> -formed by this bill, the counties aro, named Muscogee, Cowe ta, Troup, Lee and Carroll.] Mi. Haynes laid on the table a resolution directing the Treasurer and Comptroller Gen eral, (o report to the Legislature tho amount of money in the Treasury and iho amount due tho State on bonds, &c.—which was read. Mr. Kennon laid on ;he table a resolution to out on terms advantageous to tho State and beneficial to the borrowers, a part, or tho whole of the Darien Bank notes now in the Treasury of this State. Thursday, December 7. - On motion of Mr. Holt, of Richmond, tho house took up the report of tho Joint Com mittee on the State of tho Republic, as agreed to in the Senate, to whom was referred so much of tho Message of his Excellency the Gov ernor, as relates to tho d.viding line between this State and Alabama, and the same having been read, considerable discussion was had thereon, when on motion to concur with Sen ate in -said report, the yeas and nays were required to be recorded, and are ye ts 100, nays 10. ’ Mr. Turner from tho committee on Internal Improvement laid on thfc tablo a resolution, iff. recting tho principal Engineer to make a sm - — districts, so far as respects the county of E- Ivey of that section of the Oconee rite , Iv ng $55460 65 14 i between the mputh of Fishing croon. mid tho ..1 To ultcrantl amend tho election law in this (present Boat landing, which was read. 1989 79 1-2 •m