The Argus. (Savannah, Ga.) 1828-1829, August 09, 1828, Image 2

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SATURDAY MORXIMG, AUGUST 9, 1828. Oar government originated in a spirit of com promise; and it can only be sustained by the per. petual exercise of a feeling of forbearance under , seeming hardships and deprivations. Laws made j for the general welfare, must necessarily be gene-1 ral in their provisions, and will often be found to operate with inconvenient pressure upon particu lar interests, upon particular classes, and some times upon large sections of the community. But evel y good citizen will remember, that the basis of all republican government, is the principle, that the majority must govern. Our government can exist no longer, than this principle is acknowledg ed ; and patiently, patriotically acquiesced in. It may often require the exercise of much fortitude to relinquish without a murmur, the fair prospect of gain. But individuals should consider, that as they receive much from government —so they should always stand prepared to yield freely, when called on by the voice of their country. As general laws cannot be adapted to the exigencies of every individual —so individuals should feel it their duty to adapt themselves and shape their interests, so as to meet the exigencies of the law. It is better that one should resign a portion of his convenien ces for the welfare of a thousand , than that the thousand be compelled to sacrifice their interests and their rights, for the advantage of the one. The people should reflect upon these things, when called on by demagogues to overthrow the government of their country, because of any ideal hardships imposed by the Tariff. As this law has been enacted by a majority of the people of the United States, every sentiment of patriot ism, of duty, should urge the minority to acquiesce peacefully and patiently, until these burthens, if impolitic or unjust, can be constitutionally re moved. Who that regards the memory of his fa thers; that values the services, the sufferings, and the sacrifices of the heroes ot the revolution ; of those who achieved our independence, and erected the purest government upon earth—who that regards and values all this, would refuse to bear his share of the burdens necessary to pre. serve those institutions which our fathers found ed ? What true American would for a moment weigh the glory of his country against a yard of British broadcloth ? Terrible effects of the Tariff! —In 1815, when the Tariff Law of that year was passed, coarse cottons cost 25 cents per yard ; that was their es timated value. Now, in 1828, under the opera tion of the unjust, oppressive, unconstitutional, and diabolical Tariff, this same description of cot tons sell at the Patterson (N. J.) factory, at six cents per yard ! Zounds ! how the people of the South are taxed for the support of the northern manufacturers! Again; when a duty on cut nails was imposed of 5 cents per pound,these nails were selling at fifteen cents the pound. Now, the dia bolical Tariff has raised the price (after the man ner of the Irish hoist) up to— jive cents the pound! What a TAX the consumer pays for the benefit of the manufacturer ! What a practical comment on the ruinous effects of the American system! How shrewd must the calculations of those wri ters on political economy be, who assert, that a protective duty on any article invariably raises the price of that article, in exact proportion to the a mount of the duty. Vide the Baldicin address , and the Milledgetille Journal. For the Savannah Mercert. Mr. Edito*. —The necessity of organizing in the State of Georgia, a Court of Appeals, is a subject which has of late excited in the public mind, much interest and reflection : If any subject which has for its avowed object, the better protection and se curity of those great and invaluable rights, which -the people possess, deserves attention, then this subject is one, which ought deeply to interest 1 them, and ought not to be received with coldness or indifference.—lt must be acknowledged by eve ry one who has seriously examined the present ju diciary system of Georgia, and observed its prac tical effect, upon the rights of the citizen, that it contains many evils and imperfections ; and that some alteration for the better ought to be made in it, every days experience proves it to be both politic as well as necessary. These evils and im perfections, have it is true, for many years past ? been borne by the people without murmuring ; but their patience has at length become exhausted. They now r loudly complain, and not unjustly, that their rights under the present judiciary sy stem are not protected as far as they should be. That they are in consequence frequently sacrificed to the precipitancy, prejudice, partiality, power or ignorance of a single judge , from whose decision they have no appeal. They require that some al teration shall be made which shall have the effect of better securing and protecting their litigated rights, and no measure appears to them to offer more advantages or more protection, than by or ganizing under proper rules and regulations, a Court of Appeals in our State. These complaints of the peoplo as I intend hereafter to show’ are not founded in imagination ; but too much in reali ity and truth. They are the result of what they every day feel and now too plainly see. Feeling the necessity of the measure proposed, they have through the medium of highly respecta ble Grand Juries, in this city, as well as in other parts of our State, called the attention of the Re presentatives of the next Legislature to it, request ing them also, to take the subject into their seri ous consideration, and in their wisdom to devise some means W'hereby the evils complained of may be speedily remedied. It is to be hoped that the calls of the people on this subject will not be dis regarded by the next Legislature, but that they will at an early a day as possible, give this sub ject their undivided attention. A plan for the organization of a Court of Appeals, was submit ted to the consideration of the last legislature, which, had it been adopted, would at least have been one step towards satisfying the demands of the people. It would have been a foundation up on w'hich, from time to time a beautiful super structure of the jurisprudence of our state might have been erected ; alike honorable to the legis lature as to the state. This plan although no> perfect in itself, met and answered the urgeni calk of the people. Upon what plan a Court of Appeals ought tftbe organized in our state, seems to be the great difficulty with those who have heretofore advocated the measure. But it is to be hoped, that if the plan proposed to the last le gislature, should not meet the approbation of the approaching legislature, that then they will with out delay, draw some other one, more perfect in its character —and which shall meet the wishes of the people—The people call for it ; the interest i and prosperity of the state demands it. 1 propose Mr. Editor, through the columns of ■ your highly useful paper, from time to time as leisure may allow, to submit to the consideration of the people, a few numbers in reference to this highly interesting subject. In the present I shall , confine myself to some general observations on tho wisdom and policy of adopting the measure proposed, drawn from the experience of all enlightened governments, who have organiz ed Courts of Appeal, or Courts for correction of Errors. In some future numbers I propose to examine the imperfections contained in the pre sent system, and the evils which daily flow from it, and then remove some few objections which are said to be urged with some force, by the op ponents of the measure. What then I would ask, does the experience of all enlightened governments who have organized Courts of Appeals or Courts of Error, declare to be the advantages resulting from them. It de clares that, where they are to be found the advan tages resultiug from them arc numerous, but that where they do not exist, the rights of the subject or the citizen, are not only greatly abridged but in many instances sacrificed and trampled upon. That where they do not exist tyranny and usur pation, both in the government and in the admin istration of its Justice, exists either absolutely or in a qualified degree. If w e examine all the des potic governments which have ever existed, how many of them ever had Courts of Appeals ? But if we look to all liberal governments, whether monarchical or republican—whose great object is the protection of the citizen in his life, his liberty, and his property—you will find that with them real protection is thrown around the subject or ci tizen, by organizing Courts of Appeals. Al though imperfect as human efforts are, and must be, towards obtaining a perfect system of govern ment, or a perfect system of jurisprudence, for the protection of the rights of man ; yet experi ence dictates that Courts of Appeals, wherever they have been organized have been found to offer more advantages towards the protection of right, than any other system. They have uniformly thrown around the rights of the citizen a barrier which, not all the power or prejudice, of a single judge could possibly aifect. Experience fur- ther declares, that where Courts of ihis charac ter have been organized, they have been found highly beneficial, because they have operated as a wise and salutary check against the power, pre judice or ignorance of a single judge, by giving to the subject or citizen, the right of Appeal from such decision, to the judgement of other men altogether disinterested and unprejudiced ; men who have no local feeling to gratify, and men who feel themselves as independent of their brother judge, as they are of the parties whose case is brought before them—A judge is but a man, lia ble to err—ln the hurry in which the business of a Circuit is generally dispatched, it is not too much to say, that there may be many points brought to the consideration of a judge, when on the circuit, which he may decide upon first im pression, and m which there may be manifest er ror. Courts of Appeals then, in this point of view have been found highly beneficial, because they have made the judge, when at Nisi Prius, more careful and less precipitate in his decisions, well knowing that his opinion may be reviewed by other judges, probably of equal if not greater le gal acquirements than himself, and altogether in dependent of him. The consequence has been, that when at home the judge is more studious, and if a point should arise* when on the circuit, presenting the least doubt, he reserves that point for more mature deliberation—examines the pre cedents, principles and nice distinction, which marks the circumstance of that particular case and by which it can alone be properly decided. The decision of these courts are valuable because they are published to the world, with tho ground and reasons for such decisions—and because as prece dents they are binding on the successor, whoever he may be, who shall occupy a seat on the bench. They render the principles by which the rights of ! the citizen are to be tested certain fixed. These, j Mr. Editor, are some among the many advanta j ges which experience declares to result from courts thus organized. I have already trespassed too much on your patience.—l would conclude by ask ing—ought advantages like these to be disregard ed ? Wisdom as well as policy declare they ought not, any longer, to be disregarded. JUNIUS. FOR THE MERCURY. The Sun , from the visible effects of its utility to mankind, has from the earliest period of idolatry, been the subject of adoration. The Israelites, when they forgot the true God, worshipped the Sun, under the named of Baal. The Moabites adored it under the name of CAc mosh; and the Ammonites under that of Moloch , and the host of Heaven. Sunday , ttas that day On wl.iok divine honors were paid to Baal. MOSES MENDENHALL. Mr. Editor: —Permit us to direct the attention of your readers to the following beautiful remarks on the Christian Sabbath, selected from the wri tings of a late distiguished divine, in our Country; in the hope that they will be found at once accep table and useful—we remain yours, &c. THE COMMITTEE. Though the Sabbath was designed for a d.iy of rest, it was not designed for a day of indolence. There is a vast difference, between that pious cessation from secular concerns, which the command enjoins, and that lazy, lounging life, which too mi ny love to lead, when this day arrives The Sabbath is consecrated to religion, as well as to rest, and the duties of public worship, ire essential parts of its solemnity. Deity never designed, that this should be to man a day of idleness, but that (lie subjects it commemorates, should fiil his mind with devotion, and lead him to the discharge of religious duties. And how natural is the connexion, between contemplating the cre ation of the world, by the Supreme Archi tect, and fuliit gin reverence before his thronc. How extremely natural is the connexion, between recalling to mind the redemption of our race, and paying our homage to the great Redeemer. Accor ding v, *e find, that the Sabbath and the sanctuary, on account of their alliance, are frequently joined together in Scripture. Before the birth of our Saviour, this day was always partly employed in public rea ding the Scriptures, and worshiping God V\ hen he came upon earth, that he might fulfil all righteousness, it was his invaria ble custom on the Sabbath, to attend di vine service in the Synagogue. So that it is evident, from the very nature of the in stitution, from the authority of custom, and from the unerring example of the Imman uel that useless laz.ness on this day, is highly criminal and that assembling for the purpose of public worship, is an essential method of keeping it holy. Our world cannot exhibit s more lovely, heavenly sight, than that of Christian society, in “the still small voice ’ of devotion, united ly worshiping their Father and God.— ■* hen we carry the idea further, and re flect that the whole Church militant, the whole brotherhood of Christians upon earth, on this day, assemble, and the Most High is, undoubtedly giving audience to their prayers and praises, can any, who have health and reason, avoid longing to oin in the general devotion, or contentedly be absent from the grand community ? Yet, alas ! there are no less than three classes of character, each of which comprises ma ny individuals, who, at best, are but incon stant in their attendance at the sanctuary. The first class is composed of those per sons, to whom the Sabbath is no holy day, who view religion, and all its ordinances, as chimeras, fit for weak minds, who, if t ‘ ey ever go to the sanctuary, are not led thither by an “hunger or a thirst after right eousness, but to try the preacher, to min gle with the multitude, or to pass away an hour or two, in seeing ana being seen.— Now, such characters exhibit living proofs of their depravity. For we cannot but con ceive, that, by beings perfectly pure, the duties of devotion would be esteemed, not only useful and pleasant, but in the highest degree honorable. If to be admitted to the presence of an earthly prince, ts viewed by iiis subjects as lie? highest dignity they can receive, shall man lightly prize an admit tance to the presence of his heavenly Pllnee ; an intimate communion with his God ? Do the pure spirits of heaven take pleasure in religious acts, and find their de light in worshiping their Maker ; and shall mortals view these things as weak, super stitious, unworthy their attention! Proof convincing of tin truth of man’s fall I The fact is, these characters have no sense fur the perception of the pleasures of public worship They have no soil fur the seed of the word. The things which they hear iti the sanctuary, ore incompatible with their feelings, and their wishes. Like the unhappy pair in Eden, their hearts are not in harmony with the voice of their Maker, and, conscious of their nakedness, they shrink from his presence. I here is ano ther class of persons who profess them selves religious, but who seldom join in tho services of the sanctuary. These are they, who have accustomed themselves to think, that the duties of public worship are not essential to a virtuous life; that they can be devout at home, and there engage in pi ous meditations. Eveiy one who has ob served human nature, in its various forms, must have observed that, these persons are generally of a selfish disposition. They do not possess those feelings which make men love the countenance of man, which can contemplate a body of individuals as one and which gives a zest to the acts of social worship. Such persons would do well to remember, that there are sins to be confessed, blessings to be acknowledged, and favots to be implored, by society as a body. They should bear in mind, that the impotent who would be held from tbeirdis eases, were to waitdJ the pool, till tho asi gel moved the waters. They should con sider, that at Zion, the Lord’s blessing was to decend; that the foundation of social worship is laid in mature; that it was sanc tioned by the practice of the Redeemer; and that it was tacitly inculcated in that promise of the Lord, that where two or three were gathered together in his name, he would be with them and grant their requests. There is a third class of charac ters who are peifectly convinced of the importance of public worship, and yet are inconstant in their attendance at the sane tuary, These are they whom the most trivial excuse ofweathei, of company and even of dress, can detain from their duty to their God. That there are constitutions which cannot, and seasons when many per sons ought not, expose themselves, every liberal man will readilv allow. But are there not character** who can be kept from offering up their devotions to the Most High, in his sacred courts, by such circum stances as would not form the shadow of an obstacle, to their visiting an earthly friend, or joining w ith a party in the pur suit of pleasure. Such persons cannot be said to remember the Sabbath They do not live in obedience to the sacred com mand. W hoever would keep the Sabbath, must reverence the sanctuary, and not suf fer himself to be needlessly absent from the duties of public worship. In addition to the methods which have been mentioned, of keeping the Hay holy, we observe, thirdly, that the affectionate mother will find this, an eligible opportu nity of teaching to her childreu, and her children’s children, the truths of that reli gion, upon which she rests the anchor cf her hopes. The Christian master, will, tn this day, acquaint his servants with those doctrines and precepts, which are calcula* ted to make nieu live the life becoming man, and to secure their felicity in the future state The true Christian will, on this day study the Scriptures; commune with his own heart; and put up his humble petitions in secret, to the prayer-hearing God. He will tefrain from all amusements and en gagements, which do not comport with the solemnity of the holy day. At the same time, he will avoid that severity which makes man a slave to an institution de signed for his comfort After having faith fullv discharged those services, which are indispensably incumbent, he may spend the leisure moments that remain, with cheer fulness and joy, which the disciples of Je sus ought always to feel. Seated at the fireside, he may partake with his friends the innocent pleasures of social converse; or walking with Isaac, he may meditate in the fields; and join in the emphatic, though silent, praise with nature, through all her works, ascribe to God. Tims he will find the “Sabbath a delight; the holy of the Lord, honourable;” and even in the relax ation which his nature will require, find suitable methods of keeping it holy. From the Milledgeville Recorder. TOWN OF COLUMBUS. The whole of the Reserve at Coweta Falls, with the exception of 144 half acre losts, the Commons around the tolVn and a square of 10 acres for the Court house of the county, has been disposed of. The half acre lots reserved are on the South West part of the town, and not considered of much value. The gross amount of sales was $130,991* One of tlie half acre lots sold for $1,855. A hundred acre lor, three or four miles from town, brought $2,110 —another $1,600, and a third up wards of $l,lOO. These were supposed to command Mill seats. About 65 lots, on an average, were sold each day. The pro perty brought for prices, and the conduct of the Commissioners is understood to have been unexceptionable. The prospects of this new town are tru ly flattering. One of the Editors of this paper attended the sales, and can speak of its local situation and rare advantages from personal observation. The town is laid off on a high, level, dry plain, immediate op posite to the Falls or rather Rapids of the Chattahoochie, on an elevation of forty or fifty feet above the river. Broad street which is a mile and a half long and 104 feet wide, appears to be, from one end to the other, a perfect level. The streets running parallel with the liver are Front, Broad, Oglethorpe Jackson, Troup, Forsyth, Mclntosh and Mercer all of wh c’>, except Broad street, are 132 teet wide. The cross streets, are Washington, Bridge, Franklin, Bryan, Randolph, St Clair Crawford, Thomas, Baldwin, Few, Early, Fulton and Covington, each of the width 0f99 feet. The town lots are laid off about an equal distance above and below the head of Steam boat navigation: none of them ex tend to the river bank, but a beautiful prom • emde is left along its whole extent, which is the highest ground on the plan of the town, and affords a commanding view of the pic turesque rapids above, and of tho placid deep river below. At the head of naviga tion the river is upwards of 100 yards wide and from three to eight feet deep A few hundred y ards above, at the rapids, the u stial widih of the river is 260 yards—but when we saw it, at an unusal dry time, the whole current of water rushed, with incon ceivable velocity, through a single aper ture in the rocks fSO 01 GO feet wide.— Ruck, Trout, Perch and Cat fish are caught here in abundance—the former weighing ns much as 40 pounds, and selling of this size for a dollat and a quarter each. A number of fine springs break out along the river bluff—the water transparent, cool and palatable. From the high bluff you pass on a sandy beach to the rocks which encompass the river—there is no mud and not an acre of low grounds or marsh ou ei ther side of the river near the town. The place has every appearance of being heal thy, and is decided better situ ated in this respect than Augusta, *• illedgeville or Ma con. The rapids of the Chattehoocbie at Coweta Falls very much resemble those of James river at Richmond Va. That Columbus will become a very im portant town, and very soon too, we can not for a moment doubt. Such was the opinion of all who attended the sales, and many shrewd men from different parts, at tracted by curiosity or the prospect of spec ulation, had congregated there. The pop ulation in February last, was about 500— it is now said to be upwards of 1300. A number of frame buildings, set on blocks, ready to be moved to ant lot, were offer ed for sale, and found ready purchasers.— One gentleman contracted for the erec tiou of buildings, to be put up with all pos sible expedition to the amount of $5 00. Another advertised -for 200 000 brick, for the erection of a brick building The bricks made at Columbus are of a superior quali ty, and many of the buildings, when timber becomes more scarce, wilf probably be of brick ! Os the facilities which Columbus has for trade we took some pains to inform our selves. An intelligent gentleman who lias been some time engaged in the tiaffic car ried on between that place and New Or leans assures us, that goods could be brought from thence to Columbus in eight days, and that in two years the cost of transpor tation from the one place to the other would be under half a dollar the hundred weight. Sugar, Molasses, Rum, Salt, Four, V l . hiskev, Bacon, &c. will consequently be sold in Columbus at a lower price than they can be purchased ai any inland town in the State Sugar, and its offals; Mo lasses and Rum, will be produced in a year or two on the Chattahoochie itself and the country adjacent to it in great abundance, and will no doabt be sold in Columbus for a fourth or a fifth less than the article of similar quality can be offered in Milledge ville and Macon. The people of Colum bus as they can carry Sugar from their j town in wagous to either of those places and make a profit on the article. The country on which Columbus relies for suppoit is extensive and fertile, com* posing tlie* counties of Muscogee, Marrion, Lee, Harris; Talbot, Upson, Pike, Meri wether, Troup, Coweta, Carrol), Fayette, DeKaib, Gwinnett, Hall and Habbersham, when the Indians are removed, t v o t n H of a large portion of tbe Cherokee will certainly go to that town, and aho most valuable portion <f the Creek T tory, composing the fertile land about T , “ kabatchee and the desirable ccuntiy [’ tween the Coosa and Tallapoosa rivei s But ot e thing can happen to it jute fair prospects of Columbus, and” this rearing up of a town, at some future d a ,'.* on the opposite side of the river. Os / ’ there could be but little danger it a <!’ * Bridge were established to cross the cha \ tahoocliie at the Rapids, where natu seems to have designed that one should U built—the cost would not be considerable and the Legislature cf our State will wisely in turning its attention, at an early period, to this object. The city of gusta pays into the public .Treasury arm “ ally, about $22,000, every cent cf w hid) would be lost to the State if that emporium of commerce were located on the opposim side of Savannah river. Columbus will i a a few years add, by its quota cf taxes greatly to the public treasure of the State* if a rival City do not spring up in its neigK bourhood on the Alabama side of ihe rive- % Having the start, Columbus, favorably si;.’ uated as it is, can scarcely tail to outstrip any rival, it the safe and free passage of river be secured. Ihe lacihty and expedition with wbirij the Chattahoochie is descended to the Gjt ot Mexico is almost incredible. Two p eu sons in a caoe landed at the place ofde. posit on the bay of Appalachicola in 4$ hours after leaving Columbus, stopping sc. veral times to hunt on their run dov.ctbe river. It is navigated at j resr nt above the Rapids fiom Hall county to Miller’s Bend thirty miles fiom town. At no great ex pense, the navigation for pole boats cld be brought, we are assured, within seer miles of Columbus The carriage of pro. duce and goods over shis short distance must bee Acted for a time in wagons ca a common rough road ; but the time cannot be distant when a Canal or Rail Road ever that space will connect more effectually the communication between the upper and lower sections of this majestic river. We are happy to leant that Mr. Daniel, the contractor for building the Lock and Dam in the Oconee river just below Mi!- ledge ville, and who has been indefatigable in Ins exertions, is making rap and progress with the work, and hopes to have it com* piece and long before the usual peiiod of 1 in ning boats on the river. We have confi dence in the utility of this work, not only as regards the use of cur river, but as a specimen by which similar obstructions on other rivers may be overcome. Alilledgeville Recorder. [by the KORET, 4RRIVED AT CHARt.ESTON.J Mcntego Bay, June 7. In out last we gave two extracts from letters from an authentic source, giving au account of the-recurrence of piracies near the old quarter, where these pests of the ocean used to ply their work of horror and blood. Cape St. Antonio and the isle oi Pines are recorded in the annals cf bucca neering of more than a hundred years stand ing, and yet, with all the boasted ‘ march of intellect” and progress cf civilization, our shipping are nearly as unsafe ns they were in those days, the exploits of which are now softened down to lomance, & their boldness and terrific cruelties into acts cf heroism. We do mean to say our cruizers have been supine, for these bravos come upon us as a “ thief in the night,” of aa “enemy thirsting after blood ; ’ but we can piace every reliance upon the truth cf tho circumstances related in the translation if the Spanish letter of last week ; and ou? cruizers will do well to be on the took-our, We understand that a commuaicalion has been sent to the naval commander-in-chief, informing him of the facts. It is, perhaps, not too late, even now, to fall in with those vessels They must have a rendezvous n bout Cuba; it is impossible to conceive otherwise. Though in this surmise we mean not to infer that the public author!’ ties have the least connection with these lawless plundereis. The following is an extract from Caps. Robertson’s letter, dated May 27, to Messrs Wark Dewar, consignees of the brig Robert, the loss of which we noticed in our last : “On Friday, about 4 P M. we were cH the north east erd of Jamaica, distance miles ; it was then blowing from the scuta west, with heavy rains. At 5 o’clock took in all standing sails, and at 6 the boom and square main sails. It was my intention to run under easy sail during the night; at 7 it cleared up from south east with steady breezes and about half past seven t!u> breeze all of a sudden died away and came in from the north. I immediately triir.n-fd the yards and clewed up the top gallant sails, when a violent gust from the north east upset her instantly, never stopping un til she was on beam ends, and she filled im mediately. It gave no warning, as there was not the least appearance of such * thing coming—it was over in a minute, and quite mild again. With great difficulty, what people were saved got on tire side oi the brig, where we remained three or fo®* hours, using our utmost pndeavors to clear the boats of the wreck, which were entan* gled in the rigging We at length succeed ed, and then got them bailed out with much trouble, the sea then breaking ever the vessel. We got into them and pull 0 ® for the shore, which we readied to wind ward of An not to Bay on Saturday evening about 9 o clock. Baltimore, July 30* Latests from Buenos Ayres. —To Cap* tain Raines, of the schooner Leo, from Bu enos Ayres, Mr. Neilson of the Exchong o Reading Rooms is indebted for files of La Gaceta Mercantil, and the British Pnckeb the former to June 13 and the latter to tn o 7th. These papers contain very li-tk* ,r * telligence of interest.