Below is the OCR text representation for this newspapers page.

2 From the t'.*rinout Aurora. VERMONT. The lir>t discovery of Vermont, was made in 1609, by Samuel Cham plain, " ho, after establishing a colo ny at Quebec, proceeding up the ri vers St. Lawrence and Sorel, explor ed and gave his own name to tin* Ihke which washes the western part of the state. This early discovery of th** interior of North America was attended with no European settle ment witd 172-1, when the govern ment o< Massachusetts erected Fort Dumrucr, in the town of Brattlebo rough, on Connecticut river. The fust settlement in the western part ot the state was commenced by the French in 1731, in the town of Addi son, and at the same time* they erect ed a fort at Crown Point. The go vernment of New Hampshire began to make grants of townships within the present limits of Vermont in 1745), at which time the settlement of Ben nington was commenced, and at the same time a violent controversy en sued between the New-Ilampshire "rants and the province of N. York, which Continued until 1764, when the jurisdiction of the former was declared by the king and council to extend to the western boundaries of New-Ilampshire.—Owing to the war between Great Britain and France and their In-Jinn allies, the progress ot the Htate to a settlement and popu lation was extremely slow ; hut b\ the surrender of Canada to the pow er of Great Britain in 1760, the set tlement ot the State progressed rap idly. One hundred and thirfe-eiglit towns, winch had been granted ’ey the Governor of New-H impshire fi r thirteen yerrs, ending with 1764, were declared void by the govern ment of New-Yurk, and the settlers were called upon to surrender their charters and purchase new titles. Fpon this instigation, the controversy between Nvw-Hamj>shire grants and New-York was rcnew’cu, which Continued for twenty-six years. In 1778, several of the towns belonging to the State oi New-Ilampshire were desirous of uniting with Venhc*! i! , which occasioned a severe contro versy, and threatened a severance of these grants Iff;ween New-Hamp* &!»• re and New-York. 't his difficulty continued until 1701. Massachu setts, at this period, laid a claim also to the southern part of these grants, hut without any success. The inter nal affairs of Vermont were still very fluctuating, without any regularly or ganized government ; she was con trolled by the arbitrary measures of the Council of Safety, and that from the commencement of the revolu tionary war until she declared lier- s«lf a tree and independent State. This was done by a general conven tion ot delegates from both sides of the mountain, holdon at Westminster in 1777. The first convent.on of the ''fetiii.e met at Dorset in 1776, and the first constitution was adopted by a convention assembled at Windsor in July, 1777, but the organization of the government did not take place until March, 1778. The inhabitants of Vermont have always manifested an unshaken at tachment for the cause of freedom and the rights of man. Their first warlike enterprise took place under the command of Col. Ethan Alien, who surprised and captured a British Fort at Ttcondcrog i, without the loss ol a man. On the same day, Crowii I’oint was captured by the troops under the command of Col. Seth Warner. An attack was made upon Montreal, in which Col. Aden was taken prisoner and sent to England. During the same year, 1775, Col. Warner, with 300 Vermont soldie.s, attacked and defeated Gen. Carlton, with 800 regulars and Canadians. On the 13th of August, 1777, tire New-Ilainp. hire and Vermont militia under the command of Gen Stark defeated the thitish troops under the command of Col. Bowen. The difficulties between Vermont and Ncw-York were amicably set tled in 1790, and the next year she was admitted into the confederacy of the States. /Altitude it nd )..ongitudc of the Capi tol of Washington. —-By a report made to Loth houses of the national legis lature, in 182.2, by Mr. William, Lam bert, who had been appointed by the president for that purpose, it ap pears that the -atitude of the centre ol the Capitol, by observation, is 38 deg. 62 min. 46 soc. north ; and its longitude from Greenwich 75 deg. 55 min. 30 sec. west; and from Paris <9 deg. 15 min 41 sec. west. Navy and Naval. —lt is understood that a sufficient force will speedily be plticed on the coast of South America, to protect our commerce in the existing war between his “ im perial majesty" and Buenos Ayres. Vi e wish that some of the learned w tuld point out the pa-t of the con stintionoi the United States which authorizes the expenditure of the public money for this purpose . end surely, it must be familiar to them, eUe they would not so plainly sec that it is forbidden, or, at least, not authorized, to appropriate money Air canals and roads, or to protect the property and encourage the in dustry of citiz- ns at home. It is high time that this matter was look ed info. If the farmer, or owucr ot a cotton mil*, may not hove a parted the public money spent for his ben efit by the making of canals and roads, we may not expend such money to defend, at the cannon’s mouth the persons and property ot our sea men and merchants. Let the dis tinction be shewn, and why it is that there is a privileged class among u* ;as we must presume that there is. by the way in which the constitu tion is interpreted. While on this subject—let us sup pose that on account of the excess of manufacturers in some certain districts of the Cuited States, and ■their turbulent spirit, it were asked that a part ol the regular armv should be stationed there to keep them in subjection—what would we say to that ! But the same thing hath not only been solicited, but ac tually granted, on another account, and no one has reprobated it, or thought it unconsiitutioital. The government of This country was not instituted to render partial or local benefits —nor will the people allow of the existence ofpriviledged class es or sections. The committee on naval affairs have reported against the expediency oi establishing any more navu nurds. Among the strange things that have appeard on the subject of these yards is a long article by a correspondent of the ‘ National Intelligencer” to prove that the desire of the (icople o! Baltimore that one might be es tablished in tins city, was in hostility to W ashington ! No one here who signed the petition for that purpose thought at alt whether there was a navyyard at Washington or not and much less calculated on its removal from that place to this. The service. We have a state ment oi the appropriations, and for the naval service of the year 1825. The actual sum expended was <(3,- 046, 382 23 ; and the balances oi appropriations, on hand, December 31, 1826, was £2, 120. 116 26. Some of the chief items of expendi ture were as follows: The crew- of the United States’ ship Peacock have subscribed (1... sum of live hundred dollars for the purchase of a sword to be presented to Lieut Kennon, as a testimony of their esteem for him while he held the station of their commander dur ing the jpust year on the lV.cific O- C ill. Within a few days, a man has brought to Philadelphia from the west two barrels of muscle shells, to be manufactured intoornamental but tons. They were gathered in Ohio river Parts of the shell arc equal in beauty to the finest mother of pearl.— Host. Cour. It appears by the monthly accounts of the Bank of the United States, laid before th House ot Representa tives on Friday last, that the amount of notes of the United States’ Bank issued, is about $ 13,000,000 The deposits in the Bank, on public and private account, arc between 11 and 12,000,000. The coinage effected at the U. S. Mint within the year past, has a mounted to $1,736,894, consisting of 6,178,760 pieces of coins, viz. :—of gold coins, 33,494 pieces; silver, 3,621,166 ; copper, 1,524,100. A bill is in favourable progress be fore tho Legislature of N. York to incorporate a company to make a railway from Schenectady to Alba ny. Public Spirit. —The inhabitants of V- elfleet, Gape Cod, have subscrib ed $ 100,000 tor the purpose of erect ing wharves, stores, Ate. for the in specting of mackerel. Sixty sail of mackerel vessels are now owned at that place.— Patriot. The Canal Sausage beat. —Mr. A mos Holbrook, of Jamaica Plains, Roxlniry, who is celebrated for his excellent sausages, lately made one, which he hud ihe curiosity to mea sure, weigh, bic. It was found to be ninety-four and a half feet in length, contained 17 pounds of meat, and when brought to market was twisted into two hundred and twenty-five links. J From the Boston Recorder Messrs. Editors. —While read ing a communication in vour paper, entitled “ Behaviour of voting fe males in company,” I was surprised to see the following remark—“ That modesty which is so essential to the sex, will naturally dispose them to be silent in company.” 1 would ask, is it not generally ad mitted, at least in this age ami coun try, that females have souls—that they arc endued with rational pow ■p t' ia t they are capable of reason ing, ol making deductions, and form ing conclusions ? Why are such efforts made to im prove and strengthen these powers, it they are never to be brought into exercise ? And if exercised, why not in conversation, and even in the pre sence of a gentleman ? They are expected to preside at his table, and administer to bis entertainment and comfort in various ways ; then whv not regale bis mental appetite with “ the (east of reason and the flow of soul?” I know of no object more disgust ing, than a young female who talks with flippancy oji subjects of which GEORGIA STATESMAN. she understands little or nothing.— But I wish her to l*c ennoble of tak ing an audible part in any conversa tion which gentlemen of delicacy and taste would introduce it; her pn - **eiice. Would not the idea that sin is exp cted to do this, operate as ;• powerful stimulus to improvement ! A female should unite mode-tv with dignity, hut should never feel obliged to be silent upon any subject, in which by taking a part she mas benefit herself or others. Why should females ever mingle with the intelligent and elevated of the other sex, if they ar* merely to be placed before them as silent sta tutes, fit only to simper and to blush ? Surely gentlemen of this description could derive no pleasure from such a sight. Let them rather be banish cdforever from society. Patroxa. RUSSIA. It appears now to be put beyongn doubt, that Constantine lias abdica ted the throne of Russia. The eth cial documents relating to the abicn tion are said to have reached Lon don. A series of official documents 'rom St. Petersburg, published in the Berlin Gazette, attest the resigna tion ot Constantine, and the acces sion of his brother under the title of Nicholas I. It was the general im pression at London, that had Con stantine remained Emperor of Rus sia, he would have marched an army into Turkey. Nicholas will, it is conjectured pursue the same policy which the late Emperor did. for the statesman. TO WARRENJOURDAN, ONE OF THE OEOROIA COMMISSIONERS. A piece bearing your signature has appeared in the Georgia Journal, and from its intemperate language, loose and unfounded statements, no one I presume will he disposed to dispute your sole claim to the bant ling. Though personally vinat quaint ■ ,J * w ith you. F shall take the liberty briefly to review* this production, to expose its inaccuracies, and fairly, and without malice, to scan the mo tives of its author. In the first part of vour address vou state that you were “ urged hy persons of high character and ac knowledged respectability and with the best motives and friendly feel ings towards. Mr. Smith, to'afford him an opportunity of explaining sat isfactorily, certain apparent liscrep atK-os, in his free will offerings to the public In addition it was, and is yet believed, Mr. Smith could have disclosed facts which, would have re moved unmerited imputation from the character of Col Lamar With these motives, and no others. *he Com missioners proceeded to Broken Ar row.” Stop sir—ore vou not too fa t - J\ o other motives ! Did Governor ! roup authorise the Commissioners to squander away the people’s money on a distant expedition, with no other motives than these? Is Col. La mar s character of such importance to the State, that at every buzz of censure four men must he despatch ed at public expense to clear away any imputation that may rest upon him ? If the Commissioners sported thus "'•th the dignity and Treasures of the State, without instructions. Governor Troup is acquitted, and Col. Jon-- dain stands before the people of Georgia, self-accused, and self-con demned ! In your attack upon my father you seem to imag ne that bv uniting bis name with that of Major An drews, public feeling would be en listed against him; that the odium poured upon the special Agent, would make it an easy task for you triumph over any one “ found in his company. But, sir, if report speakes true—if “ rumour with her hundred tongues hath not deeply in jured you—Col. Jourdan is the last individual to take advantage of the Agent s infamy ! —Tt Major Andrews believes that Mr. Fmith is innocent, and has been treated unkindly, and my father coincides with him;' that, m your opinion, amounts to “ an un hallowed association,” end warrants from you a 11 severe castigation.”— I iiis sir, is strange reasoning, and the. conclusion unfair, as the “ casti gation has been fechla and illiberal. But why introduce Maj Andrews, whether he he the *< invincible heio of defamation,” or whether you have 1 scroaned a notorious smuggler du • ing the late war,” are matters en tirely immaterial to my father. H e has nothing to do with Kendal Lew is, '1 imothy P. Andrews, or Warren Jourdan.—Charges had been pro {ereii by the Commissioners against Mr Smith, and the accused in mnk mg hi- defence necessarily implica ted the motives of the accusers. It •he Commissioners are involved jf the propriety of their conduct is questioned—this is not the result of my father’s “ travelling out of the record;” but arises from the intimate alliance between the charges and the defence. But forsooth, Col. Jour dan must apply every genera! obser vation specially to himself, and if the marge ot unkind treatment is brought against the enemies cf Mr. Smith, he steps forth and endeavors to cleat Himself from having “screened a no oriou3 smuggler during the last war.” Why sir, so sensitive upon this subject ? “ The. flenli will quiver where pincers tear. The blood will follow w here the knife is driven.” The joint charges against my Other, and his “co-worker” being disposed of, we now come to the consideration of the 10th interroga tory. I shall here be compelled to make some harsh remarks, though “ more in sorrow than in anger.” 1 had indeed flattered myself that whatever might be Col Jourdan’s reputation, where lie is best known, that from a decent regard to public opinion, he was incapable of a bare-! faced misrepresentation. But my charitable opinion was based on rot ten materials. Either his “ credu lous nature” ha? made him the dupe ol the designing, or he is guilty of a fatal and far departure from the pale? of moral integrity : for th* re is not only “ quibbling and cunning” in the mal-position of the intcrogation ; blit the answer of Mr. Smith is altered : the conjunction ‘or’ inserted for ‘as,’ thereby varying in a material manner the sense of the reply.—l ask the public, is this fair ! Is it honest ? Below* you see an exact copy of the interrogation. Why the words * as accessary’ are written above the Saw of nations, has been already told. It was the opinion of Mr. Smith, that Hawkins was executed ‘ as accessa ry.’ Whether right or wrong, that was his honest deliberate opinion ; and according to the conviction of his mind he gave his testimony. The words ‘ as accessary’ belong to the .answer, not to the interrogatory— Col. Jourdain knows it—he feels it in his own heart—Why he conceals it, and endeavors to spread a wilful and a malicious error, —we are left to judge from circumstances.—“ The writer’s on political (and moral) phi losophy,” would term this —“a deed without a name!” I perceive that yon evasively ad mit the charge, of stating that you would net believe the Rov’d. Mr. Smith on his oath, and afterwards give an extract, in which the Mis sionaries observe : “ But as we have no disinclination to afford you what ever information may be in our pow er, we arc willing to answer ques tions you may propose to us, provi ded such enquiries are made in wri ting and our answers may be given in the same way.” Was not this written, sir. before Mr. Smith had any intimation that you, one of the Commissioners, (and it was not his duty to seperate your unofficial f<*on> your official expressions,) had said in public, that you would not believe him upon his oath; —and would you sir, blunted a? may be vour feelings, have given more explicit, if any an swer at all ? On this point at least, when correctly understood, the con duct of the reverend gentleman will be approved bv friends and enemies. The intimation that unfairness was intended in the copy of the answer to the 13th interrogation is stuff mere stuff.—lt appeared thu? in the Statesman—“ I was present, but Jbe interpreter spoke so low I could not hear all lie said.” You assert, how ever, that this is a species of “ quib bling and cunning that an honest mind i? unaccustomed to,” and then proceed to give us the true answer —“ I was present but the interpre ter spoke so low I did not hear all be said! !” Poor and pitiless ‘quibble,’ this “cunning” from Col. Jourdan, the would-be Representative from Jones—the constituent of Van Bu ren—the gazer at Congress.—“ Oh tempera, Oh mores!!” “ The Bishop twice impressively repeated, &c.” At this part of-my father’s communication, “you were led, it seems to doubt tbe sincerity of the writer,” and believed it “ a spe cious attempt to practice deception; and ask when and where did the Commissioners prefer charges against Mr Smith, except in their official re port ?” The charges wore prefeted by Col. Jones, who personally sup ported them before a Committee ap pointed by the Conference in Mil iedgeviile. Col. Torrence too, I believe was “present, aiding, abet ting, and assisting.” Will this satis fy you, that “ the Commissioners have been untiring in their persecu tions of this godly man.” In vour interrogatory proposed to my father he can make answer if he deems proper, in his own good time. To the end of your address, an overweaning vanity attends you.— You are under an optical delusion, when you imagine that none but your selt and brother Commissioners can be “the bitter enemies of Mr. Smith.” Every general allusion is not intend ed for yon ; and permit me to say— Col. Jourdan does not yet fill such a space in the world’s eve, that every thing of good and of evil, should bf identified w ith his name. His friend ly suggestion, that in a contest with “ weak tilings,” like himself, none couhl gather ‘ glory,’ may have been kindly meant, but was unnecessary. M e should sooner expect a green and a bountiful harvest from the wastes of Sahara. To Col. Warren Jourdan, T offer no apology fur the freedom of my re marks ; a sufficient justification is te be found in his wanton attack upon a grty headed minister, with whom 1 am dearly and closely Conner ted. Had his communication been written within the pales of courtesy—had h» no« “travelled out of the record,” j -bouhi have been spared the unpleas ant task of answering him, and troub ling the public. But sir, your motives are too plain to be misconstrued. ‘ Stars and gar ters and titles,’ flit before your ima gination, and your restless spirit points to the Congress Hall. Eager then ot any and every opportunity to present your name before the public, you ‘cunningly’ thought by incorpo rating in vour address, the" hackney ed subjects, ‘ Indian Agent,’ ‘ An drews,’ 1 the Treaty,’ and your hon ourable self, to impress the people w ith a splendid idea of your patriot ism and abilities. But, if lam not mistaken in the character of the people of Georgia—and I have lived among them from my infancy,—this stale artifice will not take; and if you really and honestly indulge ‘no other and higher ambition than to transmit to your posterity a good name, it were well that you avoid any thing like public exposure, and screen yourselt in the shadow of a shade. PETER W. GAUTIER, Jr Monticello, March 21, 1C26. * H)th. As Hawkins neither signed the Treaty as accessary f as a witness, or chief, what law did he break which re quired his death ? The law of Nations.” t Wc are requested by one of the Georgia Commissioners, to state, whnt wc believe to be a fact, that the words “as accessary*,’> were written by Mr. Smith.— Ed. FOR THE STATESMAN. TO THE PEOPLE OF GEORGIA (Concluded from our last.) We must resort finally to some other test than the letter of a par ticular sentence, for the interpreta tion of this law. “He who sticks in the letter sticks in the bark,” is the forcible expression of the authorities on this subject. There is no neces sity for recourse to extraneous mat ter, not apparent on the face of the Act. The subject matter itself, when properly considered, will mar shal to order this chaos, and light up the darkness of this minute research into the meaning of words. It is the leader of the band before which it is placed, or if you please, the sun of the little world over which i! pre sides,—it is “to lay ofi the State in to seven Congressional Districts.” Now every system has its law, to speak in the language of ethics, to which it must conform, or else cease to exist. Every system has its es sentia I chant cterestic, or figuratively, its animating principle, which if you take from it, it will be no rnor**.— For instance; roundness from a globe, breath from an animal, or laws from a government;—these are their primordial principles, without which they cannot be: so with respect to the electoral laws, the general and '.lie district plans. It is essential to the first that the whole number of Representatives of a State, shall be chosen by a majority of the whole number ot voters. Does it not ap pear equally clear in relation to the latter, to be essential that some num ber of Representatives less than the whole should be chosen hy a majori ty of some number less than the whole number of voters; that is, bv a majority of (he voters in a district. It is then the essence of the dis trict plan, that the voters of one district shall have no choice or elec tion ot a Representative for another. It has its bounds marked which it “ car,not pass Mere it. necessary to multiply reasons in furtherance of this view, the Act itself contains a proviso, “that no person entitled to vote* for members of the General Assembly, shall be entitled to vote ♦or Representatives in Congress, in any other than the Congressional D.strict in which such person rnav reside.” W hence such a provision, but for the purpose of preventing the voters ot one district from interfering in the election oi another ? YY lienee a similar restriction upon the voter for members of th * State Legislature, !»ut to intercept similar mischiefs arising in the counti- s ? Again ; tho familiar rule in the expounding of all remedial statutes cannot be urged in va ’n —that we should consider the old law the mischief and the reme dy, so as to suppress the mischief and advance the remedy. The old law need not be repeated—some of its mischiefs were, management by a few, encouragi and by the apathy of the many, arising from a want of im mediate inrerest, and proper knowl edge of the candidates, inclination to aristocracy, and no peculiar tie consistent with the general obliga tion, to represent particular parts of the country—such an one as binds the members of the State Legisla ture The remedy is contained in the Act. Now it is an incontrover tible rule, even of legal construction, that all remedial statutes shall be liberally or beneficially expounded. It is furthermore advanced, as a rule equally well established, that the *We of any instrument shall be taken for the purpose of explaining its different parts, and that where two or more clauses contradict each •ther, they shall be so construed as that the instrument may “ rather pi t - vail than perish.” Take then the ” e< tion of the Act to contradict the idea of the voter’s choosing, more than one. Representative "if -ha!! l e the <!ttfy of the several pre [March 28, siding magistrates; throughout this State, at each and every such elec tion, to transmit the returns thereof to his Excellency the Governor, who shall proceed to declare the person elected in manner and form now pointed out by law.” Under the old law he declared the persons elected by the returns. But now there can be but one chosen upon the face of the respective returns. May we not from hence conclude, upon every principle of sound interpretation that the qualified voters of a district shall elect one Representative, and not more than t*ne, in the district where they may reside —they being consti tuted by the Act, ns seperate and distinct political bodies for that very purpose. This is an important idea, and if borne in mind, will redeem even the phraseology of the Act in the part mostly objected to, from a construction so foreign to the inten tion of those who made it. This latter is so evidently a standard of interpretation, founded in natural reason and so universally sanctioned, that it would seem superfluous for a Legislative body to insist upon it. But the framers of the Act under discussion, in its 6th section have declared, “ that all laws and parts of laws militating against the true in terest and meaning of this Act, be and the same are (hereby) repeal ed. Is not this enough to silence even sophistry itself, and cause tho • footsteps of the harpy to retire be fore the noon-tide of truth, thus so resplendcntly revealed? And will the people oi'Georgia militate against the true interest and meaning of the Act under the tattered banners of a law repealed ? Let it he remember ed that, as on the one hand, tyranny and corruption should not be permit ted to mask themselves under the garb ot Legislation, so on the other a sacred observance of the laws alone can prevent the fields of abun dance and peace, from becoming the theatre of anarchy and war. This is the rock of our salvation against the terrors of faction and the fury of licentiousness. And when parlies iu their defeat shall be incited to an evasion, instead of a regular repeal of a law imposed by a majority, what scene? of confusion and even of terror may not ensue! Can a distracted commonwealth among us afford no useful admonition? Her laws administered by clashing juris dictions—her citizens arrayed in the habiliments of private war—some bleeding under the hand of tl»e as sassin—and others fleeing a country so ri-pletc with misery and w oe? May her tragic story warn ns to avert simi lar scenes ! indeed so great is the reverence due to the laws and so sternly required under the popular foam, that the friends of Monarchy have drawn an argument in their fa vor from the facility with which the laws may he relaxed without endan gering the existence of their govern ment. \\ ith this regard for flic law.s let us all be inspired. “Snvli virtue Clclia, Codes, Manlius ronsM; Such were theFabii, IVcii; so inspir'd The Scipios battled, and tbe Gracchi spoke : So rose the Roman State.” And the wisest observers of her History will fix the era of her de cline as a Republic at the period of the intestine feuds and bloody pro scriptions with which in the first place Marius and Sylla, in their struggles for power disgraced her annals, and which were subsequently renewed in ♦he fatal wars between Pompey and Cresar, that finally established cat the rums ot the commonwealth the! “ i krone of the Ca sars.” The* remains seme concluding general remarks upon this subject, to wdiich we would invite particular ntj t ntion They relate to the inter* pretation of the Act, and are as foil lows : those who claim a right undej this law to vote for seven Represent tatives, must derive it either frora the letter or the spirit of the Act,—4 that they arc not entitled under tlid former, will be discovered by tliti following expose ;—the voters if each district, shall elect one Rcpni sentative m each district. These ar in brief the substantial words of th Act relating to the present purpost Now the act of choosing, acccrdin to the literal import, is to be pc. termed by the voters in each dtstric m every one of the districts on tl same day; that is, on the first Mol day in October next, A. B. C. ki residing in the second Congrcssiort District, shall vote in every one If the seven districts for one Represd* tative in Congress. This we rep4* is all that can be demanded of * letter oi the law in this partial; part of it. To say nothing of It impossibility of exercising sucln right, the idea is rebutted hyp subsequent words of the shite which confine the voter to the ‘fi>- trict in which he may reside.” fSo that even the verbage of theinv taken as a whole, redeems itscllW refutes the claim contended fun if th.ey will now fly to the spirit oihe law for protection, we will galitii them and rejoice to carry into cini tion the will of those whom, wif- 1 people have appointed to lepfctc for us. Then will the qualitiarn !<'rv in each district, according fth® ■ ir• ♦, and ever, in the “so muckirn* ''red words” cf the statute, Bed one Represent dive in each IfV (.ovgresstonai Districts, WHEiu:Jiirf may rf.sife. „ AGRICOm