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About The Washington news. (Washington, Ga.) 1821-183? | View Entire Issue (Jan. 1, 1825)
Volume Xl.] j t ni/sHFD ‘.vj.iiivr. I!V PiriLlP ( CXJJT.U. To the Citizens of Wilkes. T TBVDEH you ;.jv grateful a knnwledgements for the liberal support you have given mu at the last January election*? and l feel that the trust reposed in me has been faithfully attended to. j I mw announce to you myself as ! candidate again a* the nest election, for Receiver of Tax Returns, William Watkins. Oof. 15, ‘SSL T'l(H The subscriber returns his prateful ftckno-tflegrrUnts to the const'.men's of Wilke* for tlvir liberal support to him as Tax Col lector, at the late county election ; and informs be is a candidate for the game office, on the first Monday in January n*xt. JOSIA.H n. HOLMES. €c.4, 1824- We are requested to announce lEN JAM IN WOOTTHN. E;q as a candidate at the nex* elec ion, fur Tax Collector. |f| We are requested to announce DRTJItY CUNNINGHAM, E*q. ai a candidate a? the next e’ection. for Receiver of Tax Returns. Tj” W” are authorized ’o announce SAMU EL BROOKS, Er>q a9 a candidate at the en suing election, for Receiver of Tax Returns. C pcr We have been requested by some ‘ r iends of RICHARD HUDSPETH, Esq to Announce him as a candidate at the next elec ion, for Justice ofthe Inferior Court. The Livingston Code x -~Wo have pleasure in laying before our readers ahe Mowing Letter, from a gentle man whose name is familiar to the Public, and whose discourse on the Common Law has lately attracted so much of its attention. The un dertaking of which the letter speaks is of such interest, that, if it suc ceed*, as is hoped, the came of the author well deserves to be identi fied w r ifh his Work, whioh we there fore take the liberty to call the Lv*• , ingstoo Code,—,Yt. Int. Ntv VoKt,''G**iv tsiv. Hear Sir: In the la*t conversa tion we had, you seemed to desire my opinion of Mr. Livingston’s pro ject for a Criminal Code for Louis iana. but there wa* not time for a considered answer, nor had I then perused the works with which he favored me. with infßcient care; and the unlurky accident which con sumed the product of so much mind, will, for e lime, but only for* time, deprive the public of the advantage which will certainly result from his labors. Ufa is not discouraged nor dismayed ; ami, as his energetic mind is now trailed and disciplined to thr work, I have no doubt he will, like the tndusuious ant, rebuild his heap, or, like the honey bee, re store and renovate his treasure The same dements are within his reach still. Tue same range will brhig him to the same flowers from which he Giilied his former stork- The samebeok of nature, tfie same productions of science, and the same lights of reason and judgment, re main. ft i# hut a renovated labor, which Imbii must have rendered fa miliar, and what was uil at first will he amusement hereafter. The simile, however, fails in this, that the and the ants are macy, and bes but one. The substituting generalisation, tions.aod simple firm", in the place of fortuitous ns??;s?c§ and particu lar enumeratico. is so obvious and so conformable to the universal princi ple of science, that it is'w'onderful to think that it should ireei with oppositioa from dry eniightesed q uieter. But custom is c mighty tyrant, and he must be bold and faithful who da*es to invade his an cß’nt empire, f will nor say that life. Li'i lptot. * Code will he per fect. lie ii fur from preteediog to shot. i>ut T thick it will go go far as to be a great beaefit to hU own state. And. by conscqu-iioe, to us nit. Opinion i, P , pW ; T the 7’fie-Mwrr.'uiau, rev . crenre, r.„- I.srburau, an.l ofien lirj. l-.h am-qu,.,., i, Tamsliaj. kclW,. ’■ ’ 1 ,!a . v - *<mc, cxirpi die very weak am) tlhd, now look ,o ,)!<>. -mjon timet for priceipies of ju. I. praoenoe spited „ eo \. (ta J_ i/J'U ‘.jy-oieam ha, pMM u away. The Washin gton News. WASHINGTON, (georgia) SATURDAY, JANUARY 1, 1825. The era of the common law is not now ascribed to Alfred, or Edward the Confessor* but to uiose days of revolution and reformation, when letters and commerce burst the chains of ignorance, at farthest in the 17th ceatury. Some, wiser still, refer out common law to our own Revolution; and some, perhaps, wiser r.till* wish to hear of it no I more; to have no more traditional law; to have it, as fur a* it is good, reduced to writing, as other things arc that are meant to hind; & where any unforeseen exigence arises, to let common sense apply the plain principles which the code itself and its general principles will furnish. Messrs, Livingston, L : slef, aovi Der higny. hi their report to the legisla ture on the projected amendment to their Civil Code, recommend that all such oases shall be reported, and, at stated times, laid before the Ge. ncral Assembly; and, if (he Judge’s decision be approved, that it be ia serfed \oder its proper head as an amende \nt, without deranging ilia order cf the whole, but never till then be cited as law. This insets the objection made by some, and much insisted on by Mr. Dapooeeau, in his late work on jurisprudence, that a Code or writtea text would become antiquated in its turn, a\d, in the mean time, would want that plasticity or malleability tha the Common law lias, which, being de livered out of the Judge’s mouth, may be modified gradually to suit the times. At present there is no positive law amongst us except statutes, and they are in borrowed phrase, aad that the worst that ever was used, and doubtless su h perversion of language as would oo( be iclerased in any ordinary composition* AnJ, as to the ooniiuon law, the *n!y evi dence of it is, in reports of cases now become 31 numerous as to bid defiance to all certainty cr precis ion; aud, like suspicions and sus pected wiincsvcff called and exam ined to contradict and confront eaoh other* Os which kind of jurispru dence come these evils—the loss of time, the enfeebling nf (be faculties, the uncertainty of judgment, the discredit of the law, the fediousnes* of arguments, the delay of justice, the encouragement of chicane, and the ignorance which must result from too many, as well as too few hooks, lor, if there 1743 a day when taco were ignorant for want of books, so there is one when ignorance pro ceeds fj’ijna having need of too ma ny. I have not mentioned the ex pense which, though a great dis ! ucuragpimsnt to all who have not | fortune’s gifts, Is cf smaller import ance to the public iUao the conside ration that the client may be ruined hy a book, imported, perhaps, from abroad, altering Ike evidence of the Common Law, as supposed t>o be de rived from the Saxons, at the critical moment of hi® judgment. I( is just s year since I vestured to express these ideas, in a discourse before the Historical Society of New York, and. as might be ex peer ted, was visited with heavy censure and even acrimonious reproaches by some journalists; hut I considered these cries as diagnostics cf the mental malady, and was pleased that the subject met notice and discussion in any shape. Since that time, the North American Review', and some other jouraals of high character, and some daily papers, as the Co lumbia Telegraph, the New York American, and Commercial Vdver tiser, have opened their columns up on the enemy, some more, sma less decidedly. The celebrated Doctor Cooper, President of Columbia Col lege, Sou'll Carolina, has given his na?no with his vigorous arguments; and what is more important still, £he Governor of that state hat re commended it to the Legislature, as a measure that will endear them to posterity, to appoint a Committee to prepare a Civil Code; and this in a message full cf mauly seaso and energetic wisdom. The objections generally urged r. re these : That the laws we use, and the forms io which they arc ad ministered, are sanctioned by time and experience, and should not be Li asluy tunovated upon; that it if rash (and dangerous to tear uplandmarkj that our laws arc already the wisest and the best; that the feudal re mains, if any, are innocent, and that they are still progressively im proving; and that, if a textual code were established, as in France, the same accumulation of reports* *oni mentaries, and treatises, would fol low a*, they say, it has in France. Some of these arguments ara mere prattle, and disowned by the more thinking snd informed of the nppo sers. Such men as car Kents, and Storys, ami Duponoeaus, are inea pable, I have authority to sav so, although they have been cited for my condemnation, of suoh prejudi ces. They,give up the first twenty centuries of this supposed Common Lxw, and the multitude of had books row worse than useless. They know that much reform is yet wanted, but * they think it may he accomplished by the liberal infusion of the civil and foreign laws wherever they ex cel our own. I have great defer ence for the opinions of suoh men, | but I have also r,n opinion of my own. I think the present genera tion is entitled to the benefit of “he improvement*,-and (hat they should not resemble Jacob’s fodder, as I have sometimes to them, with one end in this world the other in the next—and {LJudges should stiil he Judges ; and Legislators, Legislators. I thiak we should not refuse to swe**p our house because more dost may numc, or weed our garden because other weetfo may grow, and, because we ecumat da tjv err thing, do nothing. Rut I fear I have been too long so r your precious time, and wiT on ly farther subscribe myself, yours, very sinoerrlv, WILLIAM SAMPSON. From the new York American The Creek Indians have evinced, in the following article, their <Je. ter mined purpose not to di*p'*s© of these idijii. The t*>** of fii*orci s if her Governor speaks the language of its people, is a* determined in its purpose to take possession of those lands. The Indians, so for, have certainly the advantage of Reese and argument. On this subject wc have received the eominmfiration that follows, headed “ Georgia Claims J* GEORGIA CLAIMS. One ofthe great e’iis to he dread cd in the event of Mr. Craw fol d*? election, would be his indulgence ol the claims, end Hr; in the ferocious design*of ihc Geor gians upon ihe Indians inhabiting their own laml* withri ferrito r* limns of fieo; !*;a r ( |<f ent president, of the Coifed .Tates has the confidence and love of those Indians, and they foci; to him as their faihe-; and tie has not o'dy acknowledged u* (hem and to *.V oation the full extent, the rmlsr e, aud the soundness oftiie righ’s they lay claim to, but lie ha? ai .o indi cated to ’he executive of Georgia, that the United Slates were bound to, and would protect those men of the forest in their M purßuU of hap piness,” the security of their lives, and the possession of iheir property. It is easy to foresee that J!,r. Crawford would he carried by the tide of feclfog in his own siatr r.f Georgia. ‘Those designs, sanguin ary, unjust, and murderous, as they are, have nevertheless been distinctly avowed and deliberately determined upon, -Georgia calls upon the government of the United State3 to extinguish (he Indian tj tie to lands within their territory. The Uni(ed States replies that they have done ail they could to effect that object, ami io the extent of the obligation resting upon them; their contract with Georgia only uinding them to the extinguishment of the Indian title when it could be done peaceably, and at r. reasonable cost. Georgia reiterates Ler de mand, and threatens a resort to arms for tlie seeur tty ot* her claim: she plainly points her murderous dagger at the very existence of the peaceable, the Cinistianized, the well-infbrined Indians, calmly pur suing their own avocations oa their owe Uadi; and has the hardihood lo inform the world that she will, as the next resource—what, ye hea vpn? ! what is it she threatens J what, hut to butcher, burn, and exterminate a remnant of men who have no crime hut their existence, & no ambition but to live in quiet, & in peace lay they hones with the bones of their fathers. Lei the fol lowing paper, conceived by Indians and written by an Indian, testify to their intelligence, their feeling and their just apprehension of right, and let him who cannot fee! for their cause, blush for his humanity act! rank himself with demons. Foie-Cat Spring, Creek Nation, October 29, 182*, The Chiefs and head men of the said Nation, in council convened, pursuant to previous appointment, having received of ihe U. S. Agent a request to assemble at Broken A rrow on the first day of Deo. next, thereto meet totnrnissionerg ou the part of the United Stales, to de mand of us anew cession of land; therefore, we tho undersigned, chiefs, head men, and warriors present, being aware of & consider able increase in the population of Hie Creek Nation during the last few years, and being already con fined in too small bounds, taking into consideration the vast quantity of barren soil which is within the limits we occupy:—for there are o (hcr reasons equally important, we deem it imporitio and contrary to the true interests of this Nik-m to dispose of any more of our i ! try: and any authority beret jiv given to any individual, either writ ten or verbal, hath long since been revoked and done away. There fore, it is resolved by the Chiefs in Council, that a copy of this be transmitted to some editor of a pub lic: newspaper in the U. State* for publication. Confiding in the mag nanimous disposition of the citizens of the United States, to reoder juq tiee to those of their fellow-creat ures who have not the tub means within themselves of communicat ing their resolves, or of defending their just rights against the malevo lent designs of those who seek to en trap them to ruin and destruction; it is confidently hoped, that this publication will become general through the press, so that it may he known to the world that the Creek people are not disposed to sell one foot more of their lands. That we are fast progressing in the arts of civilization cannot he doubted. Take, for instance, a correct esti mate of the quantities of homespun manufactured by Hie Upper Creeks, i. e. only those inhabiting (he wa fers of the Coova and Talspoosa, which lists been kept fqpm the an nutty 1523 to that of !St2i. This amounts so upwards of thirty thou sand yards. And we are happy to say that agriculture aid other arts of civilization are equally fast im proving. The benevolent societies now in operation in onr country, by whose care a number of our children are now under tuition, promise to do well; and under their sy tern of edu -{.sion, we hope to a? the hill of science, where Jippiness ard virtue are to be found; ted in the nHaioment of these blessings we are determined to remaio on the soil which gave us birth, and in our own native land, where rests (ho remains of our anoestort; also •!m!< our b’ nes moulder with the dust of our forefathers: and there shall our children rise in prosperity and happiness, or siok in adversity, We acknowledge we are weak, and reduced to a haudful; and we know that oar white brothers are strong and numerous, as the trees of our forest; yet may we not hope to re ceive that justice which our impor tance requires? Our father the Presideat loves us, aid is now doing i %?uch to improve the condition of * us his red children. Under his sos i tering hand we hope we have ooth ! ing to fear. He views with delight ! our rapid improvement in eiviliza- I (ion; and we oow leave it to our Christian brothers, the white peo ple, to say, if it would not be bard and painful to see us drives) from our houses, our fields, our country, and from the privileges we new ea- j >v. a !•-*;< ,? * ll*r l ‘? ; ■|N,V': wo til. I !.* “tv us in l* H9HH (hr pi the 100 o, hi t! h.'l k.’ : I .•* to fho uni’ ptiilKitc <XHH| hunting. Thrrefo:e* we agvo tcu*■ll we fiave no <fosfoe to :liuk|H||| lands. \mJ being peHVr; Shat our r .*. hog* jre HH| proper Koiiive. vy* line JjfljVli expeef juifi e from Christian brethren* a mare <fo we or rrtr Election of k M/Bmm r The following fore Oie lirtiisp l ’biiugit U tirigif j dividual. \.H its io .be whole *fHetnefii* svl:! 1 !; if we were not ‘’'■Hl that ajo to (. ’ as the letter nt ‘ •for.{* tup i fr- lh‘ elected ’’ -.JB'teISSSS Tboy may fhouM *i,) po m t , -, tl.er. \\ r w.iul Brent, tlsat (lit; be so bmc ul ii. f, people directly to C.hiei M.igfftrair by a majority of with this proviso. lh>*t if ity goes to r-ry individual. Electors tc be ted hy the people, should ijfo quently meet in tr/ie college, af h | hrot the President of the lJ highest numbers— liich. EnnA The Vetilion of William Jr, of Stafford county, and Mi of Virginia, respectfully wpnH to the Speaker, and Delegates cj General Assembly of VirginiajM Thai iiie right oi the Peci the United States to to their Legiilktivo b oi peluir*’ r moasiraneflHl di o?s of tbo .vcongr done iIHH on foundations U| keo, The riglu of the Colony of Vnp-gj^^ fb,-.,r a,-a iiirone a::d iho pu'bflHlH m.-iu vreaiJu of YiJHHHH Dfc. MtAvyoj-/ D‘tdf a: ■ci'Hb.im-* day (J %**y, i/y hi rc:ai:';J. . .:i /, eursnr- st “ ii, ejHHHHHjI saiitto t A the i fl- Amcrtoy. m th the fin: Mgo"? ska* was tnw P i.V'rt ft til! f aration* >. “* • ( t I Sih te ©an* ttner, ou-w:- and our firm reiie.nne ■ JiRNCR,” hav:r’^^k^29|m| ‘fooiarafiais, - . ..• the. iantii) oM /’© be hU *r, tvM. To this wB ‘ TifiNof the test and m©*: h. ujl...■’ human Genius* rit of Tsictm to An luveniion intended i*mMMk tn that spiri. of darkness in b itAHH circumvented <*.§! bu'nan 9H| and keeps ia bondage whole human wh.oli if successful b eessarify bo adopted that pleasure is preforaHHßj . or Tm ti: shall ; The struggle bet wee vMKSS | of L ; gfe. and ■ Falsehood. Liberty and j has continued from the from the earliest periods u immß It f’ill sa f lists, fu dunNq will re*, r. ** The nighms&*s that r,c?i ’ finds the We. (lit* People of tu^H in order to secure foe JHjBBj Liberty to teriiy. firmly rr trial rl‘ tf.ij vendor:?., have ratifHHHHl tulinn of the United our ordinary Legist a Conventions ic our HH| reign capacity. . Vetweau wb a mSS&iSi