Georgia courier. (Augusta, Ga.) 1826-1837, November 22, 1827, Image 2
GEORGIA COURIER.
J. G. M’WHORTER
AND
HENRY MEALING,
PUBLISHERS.
Te.rm$.~~'This Paper is pilili-hml every Monday and
Thursday af'ernoon, at $5 00 per annum, payable m ad-
▼•Jiee, or 00 at th** expiration of the year.
LIT Advertisements pot exceeding a square, inserted the
first time or 62 1-2 cents, and 13 3-4 cents for each con-
Tiiuanca
/ROM litb old Colony memorial.
LAW REPORTS.
RICHMOND SUPERIOR COURT, ?
May Term, 1827. J
Rooney and wife vs. Pemberton.
An appeal entered by the Clerk on the book of
Minutes, after the adjournment of the Court, is
not such an acknowledgment of record as will
bind the per on whose name is therein stated as
security, unless he sign his name to it. But the
appeal will not he dismissed, if the security is wil
ling to be bound, and in such case he may sign j
his name nunc pro tune.
In this case a Verdict passed against
the defendant in the Court of Common
Pleas of the city of Attgnsfa, from which
he appealed to this Court. The appeal
was entered in tire Clerk’s office after the
adjournment of the Court, on the book of
minutes which recited that W. J. Hobby
Was the security, but the entry was signed
only by the appellant & not by his secu
rity, Hobby, and the only evidence that
Hobby was the security, was a letter writ
ten by him to the Clerk, authorizing him
to put his name down as security in con
formity to law.
Crawford Sy Cumming of counsel for
the plaintiffs moved to dismiss the appeal,
because there was no security, and be
cause it was not an acknowledgment of
record which would bind Hobby, this en
try b .ring been made out of term time
By the Court.—This entry not hav
ing been made in Court, cannot be called
an acknowledgment of record, and there
fore as such, the security is not bound :
nor is he bound in virtue of his letter
which is only a power to Jackson, the
Clerk, to bind him, which he has not done
by signing his name. But as the security,
Hobby, intended to be bound, and injus
tice will be done hv dismissing this, and
other appeals thus situated, I am disposed
to suffer Mr. Hobby to sign the appeal
ntuic pro tunc.
Crawford & Cumming, for plaintiff.
King, Carter, for defendant.
RICHMOND SUPERIOR COURT, )
May Term, 1827. 5
Davenport, for ihe use of Cumming, vs.
Burton.
A forthcoming bond, under the act of 1R11, is
good and valid, without containing the proviso in
the statute—and the declaration an such bond
need not slate that swh property was found sub-
Jth't i or that the claimant dismissed his claim.—
it is only necessary to set out the bond and the
condition, and then assign the non-delivery as
a breach.
This was Jn action of debt on a birnd
given by tlie defendant to the sheriff,
for the forthcoming of a negro at the
day of sale, which negro had been levied
ou by the sheriff and claimed by defend
ant. The bond was in three times the
amount of the execution, and conditioned
to del ; ver the negro on the day of sale.
Olive of counsel for defendant, objected
to the plaint id’s right to recover, because
the bond does not contain the condition
Specified ir. the statute, “provided the
property is found subject to the execution,”
and because there is no allegation in the
declaration that the property was found
subject. Bui if the Court should be against
him on these points, and be of opinion that
an action will lie upon such bond where
the claimant dismissed his claim, then he
contended that there must be an aver
ment of that fact in the declaration, and
that a general averment of non-delivery,
as a breach, is not sufficient.
By the Court—This is a forthcoming
bond given in three times the amount
of
the execution, as required bv the statute
of 1811, (Prin. Dig. 224,) and the condi-
tion is, to deliver the ne°ro to the sheriff 1 " lie » the P» in ter nad represented him as
on the day of sale. But the defendant 1 SIIrrounded wilh 80 man y difficulties, that
THE GALLERY OF PAINTINGS.
“ I would recall the vision which I dreamed
Perchance in sleep—for in itself a thought,
A slumbering thought, is capable of years—
And circles a long life into one hour.”
It was immediately after dinner, in one
of those warm days, of which we have
had a plenty this season, that I stepped
into the office. If a person ever feels a
lassitude and disclination to engage in any
serious business, it is at such a time ; per
haps at the time of which I speak I was
none the better for engaging “mv Lord
Coke.” from the circumstance of my hav
ing attended a dancing party the eveni ng
before. In order to remove the sensation
of drowsiness that begun to steal over me
I had recourse to the papers ; but the e-
lection of Mr Gorham, the trial of Tar
dy the Pirate, and Carte* Beverley’s let
ter, alike failed to eugage my attention. I
tried the other page—the Gallery of Pain
tings—the Coronation o,f Napoleon—Pa
norama. I merely regretted that I was
obliged to take up with a newspaper ac
count of these things, instead of witnes
sing them wilh my own eyes. Owing to the
festivities of the preceding night or some
other cause, I was no longer able to resist
the inroads of Morpheus, so dropping mv
paper, and leaning back in a huge arm
chair, which was probably built when oak
timber was no rarity, I dropped to sleep,
lulled by the descending of the pattering
rain, which those farmers who had hay
out, probably have not yet forgotten. Mv
dreams were at first of a confused nature
and I was transported now to the hall and
company of the preceding evening, and
and anon to the “dwelling house” of
some neighboring Justice. But by degrees
“a change came over the spirit of my
dream, and a scene was presented to my
mind’s idea. I found myself standing
before a large painting the work doubtless
of a master, as the figures appeared to be
full oflife and activity, and at different
'imes to be performing different actions.
Yet this inconsistency did not surprise me,
but, I rather regarded it as a proof of the
painter’s skill—remembering before to
have gazed in the evening, on some ancient
pertraits, till every eve appeared to bo
turned upon me, and I almost expected to
see the figures leave their frame's to step
our and greet me.
Upon examining this painting, the first
object that struck my eye, was the migh
ty ocean, the waters of which appeared to
be in quite as much commotion as was
consistent with the safety of any one at
tempting its navigation. Upon the fore
ground appeared a large boat, which, not
withstanding the violence of the waves
rendered its management rather trouble
some and difficult, still it did not appear to
be in much real danger. It had the Amer
ican flag flying, with the inscription “Ad
ministration.” At the helm sat one, with
a calm steady, and unruffled countenance
whom I at once knew to he the President
of the Uuited States. It was plain that
the painter designed to represent him as
the master spirit, as one fitted to “ride in
the whirlwind and direct the storm,” for
he had given a firm, unruffled, and collect
ed expression, notwithstanding the viol
ence of the tempest. Yet his situation
was one which a wise man would hardly
envy. In front of his boat rosea dark,
singular shaped cloud, t endered at times
more visible by flashes of lightning, which
I found his enemies designated as a light
house of the sky. Close under his lee (&
it seemed at times as if the skill of the
helmsman was hardly sufficient to keep
his boat clear of it) lay the wreck of a
West India trading vessel. On the one
side, a portly big bellied man, wilh one
hand in his breeches pocket, was endeav
oring to upsset him with a handspike, on
which was inscribed “a turncoat unworthy
the support of a Federalist,” while on the
other he was assailed by a tattered raga
muffin of a sansculotte, who was giving him
a sly dab wilh a bludgeon, on which 1
spied “Gag act and Sedition law.” In
objects to this declaration, because the
bond does not contain the proviso in the
act, and that if it does, it is not stated in
the declaration. It seems to nu; that it is
not necessary to insert in the bond the
Words of‘lie proviso in the statute, be
cause the proviso is only intended to give
an instance of the events in which the
property should be sold by the sheriff, and
therefore the only condition necessary to
be put in the bond, is, the delivery of the
property to th" sheriff on the day 'of sale.
Phis sale must of course be authorised bv
some subsequent proceeding, whereby the
Claim is disposed of in such way as no
longer to be a bar to the sheriff, and this
must be notified to tlie obligor in the bond,
in order that he may have an opportunity
of complying with the condition of the
bond, b'’ delivering the property to the
sheriff on the day of sale. This bond I
consider good under the statute, and the
declaration is sufficiently specific to inform
the defendant what he is called upon to
answer . the bond and condition age set
oui, and the non-delivcrv of the negro
assigned as a breach, 'if the plaintiff
prove bis case on the trial, be must reco
ver, unless the defendant can show that
lie was not bound to deliver, and has
therefore committed no breach, &c. dec.
The defendant ordered to answer over.
King, Wilde, for plaintiff.
Olive, for defendant.
A new coincidence.—The excellent sto
ry of the “conjugating Dutchman,” with
hjs “I fight, thou lightest, he fights,”dec.
which has gone the roundsef all the pa
pers, appeared altogether original to us,
uutil we recollected the description given
by the parish clerk of Cumnor to worthy
Mike Lainboorne [Kenilworth] of the
t.eath of the old ped^grogue. U J sat by
lushed the whilst—he passed away in a
blessed frame; ‘ morior-mortuus sum vel
fU Si m0n ' I, 11 / 5 ? ' V<;re his la,e8 t words,
,ndhe jusudd*). ■ my seib is j J
at times one could hardly help expecting
an exemplification of the truth of the old
line, “Incidit in Scyllam, qui vult vitare
Charibdem.” \ r et the expression of his
countenance was such as to show that ifa
wreck took place, it would be owing to no
fault of the helmsman.
Near the helmsman sat oiip, who it was
apparent from his situation, was one to
whom the heimsman was to look for coun
cil and assistance. Him the painter had
drawn as rubbing his eyes, which were
somewhat weak on account of the “anx
ious nights” which he had devoted to the
study of the “Rules of the Senarte.”
Notwithstanding the violence of the storm,
he did not appear to be disposed th render
any assistance. On ti e conttary, he ap
peared to be placing himself in the wav
of those that were disposed to lend a help
ing hand, and once or twice I thought I
observed him misplacing a bit of rigging,
or slyly chucking an oar overboard. I
bad no difficulty in recognizing him as tire
Vice President.
On tlie bows of the boat the painter had
placed one who appeared to be carefully
clearing away obstacles, and diligently do
ing bis duty. He was dressed in the toga
of the Roman Orators, and appeared like
-one to whom might be applied the words
of Virgil :
Ille regit dictis Raima? et pectora mulectt
I instantly knew him to be theKentuckian,
for whom their happened to “ be room.”*
The zeal with which he engaged in the
management of the bnat formed a striking
contrast wilh the conduct of the figure last
mentioned. But he was not without his troub
les. I observed several who were covertly
at work, endeavouring to nndermine the
plank on which he stood, with “corrup
tion ’aud “disobedience of the will of con
stituents ’inscribed on their instruments.—
I observed too, that a man, intended to
represent Carter Beverly, had waded ofi
.romthe shore and eudeavored to pull the
* Innmido, th-^bBr^ % as no room f or Ken .
-- v ; Jackf/gu, Letter.
Secretary overboard, by means 6f a lob-
ter gaff. Missing of his aim however, he
had entangled his weapon In the hinder
part of “the rest of his dress,’’which in ol
den time was balled breeches, and, in en
deavoring to extricate it, had made a most
unseemly rent.
At a little distance from the boat, I ob
served a figure on horseback, in a military
dress, who Appeared determined to swim
to the boat against all the obstacles of wind
and tide. In bis right hand he brandish
ed a hickory, and under his arm was tuck
ed the “ Rules and Regulations of the
Army." He was well mounted, and in
his countenance was an expression of val
or and fearlessness, which could not but
arrest the attention, even if it failed to en
gage the affections. Yet he appeared to
make less headway than one would expect
at first sight of him and his sturdy beast.
But, upon further inspection, I ceased to
wonder at this, and was rather surprised
that he made any progress at all. Imme
diately under his horse’s nose ^floated a
torn habeas corpas, which he in vain endea
vored to pass. If he turned to the right
the corpas of six militia men impeded his
progress, and on the nearest point of land
on his left, r -se the tombs of Ambrister
and Arbuthnot. Here floated the body of
Dickerson, while, peeping through the
grates of a prison which rose directly' in
front, were seen Judge Ford and Judge
Breckenridge. A body of Federalists, who
at first appeared disposed to assist him,
started back at seeing the “ Rules” un
der his arm, and a troop of Frenchmen
and Spaniards, who were advancing to his
rescue, stumbled over the act to relieve
the inhabitants of Florida, and made good
their retreat as fast as possible. Yet, not
withstanding the difficultes with whic hhe
wassurrounded—the storm every moment
increasing aud the undertow threatning to
sweep him away—he was attempting, not
to proceed, but to extricate the lobster gaff
from Beverley’s breeches. I observed a
line attached to his horse’s head by which
a New-\ork Senator was endeavoring to
keep the beast’s head out of water. Upon
my expressing my surprise that he should
take so much better care of the horse than
of the rider, I was told that he would be
very willing to have the General washed
oft, if he could hut he sure of taking his
place in the saddle.
1 lie next thing in the painting which
engaged my attention was a boat, appa
rently somewhat damaged, which was
floating about in comparatively still water.
He who once had its direction, now lav, to
appearance, worn out with care and sick
ness. There was about him an air of
calmness and serenity, which strongly en
listed the feelings in his behalf. Altogeth-
he had the appearance of one “ more sin
ned against than sinning;” and I almost
involuntarily advanced to pour the oil of
wine into his wounds. I knew that I
could not be mistaken in the painter’s de-
sign—it must be th# former Secretary of
the Treasury.
My attention was diverted from him by
a little shrivelled up figure, which appear
ed to be making torpedoes, and endeavour
ing to fire them by means of lightning from
the ‘ lighthouse’ of which I formerly spoke.
He was endeavouring to place them un
der the stern of the administration boat';
and threatened, in case they exploded to
his mind, to blow all hands “sky high,”
Yet, it was observable that when he suc
ceeded in making a blow-up, he generally
created as much confusion among Id’s
lriends as among his foes.
Further on the background appeared a
little skiff from Maine. He by whom it
was steered was clad in a dress of change
able Silk, and appeared to be engaged in
studying the doctrine of chances, as apli-
cable to the next Presidential election,
Out of one pocket peeped the Alfred Res
olutions, and in the other was seen “A
speech of a Republican Member of the
Massachusetts Legislature.” On his boat’s
stern appeared “the exclusive Republic
an;” which, however, Iris men were fast
erasing, and substituting in its lieu, “Ad
ams.”
At this moment I was roused, by some
one slowly entering the office. I started
up, righted my chair, tubbed my eyes, and
by the time the room iu which I sat was
entered, was busily engaged in turning o-
ver the leaves of Starkie. But if any
one has had the patience to follow mo thus
far, I will not trouble him with the sage
conversation that ensued between tlie visit
or and self; but, making my best bow, bid
him good morning. Til.
A Correspondent of the Charleston
Courier, in commenting on the theory
contained in the following line :
“ The cold in clime are cold in blood."
Concludes his observations with these
spirited remarks :
Let us come to our native land. When
die Pilgrim sought the shrirte of Liberty
in this Western wilderness, and braved
the horrors of the deep, to bo free and
leave his children so, was there no chival
ry in that ? When the glare of his dwel
ling illuminated the darkness of midnight,
and the path through the woods was be
sprinkled with the white man’s blood, and
the sleep of the cradle was disturbed by
the war whoop of jhe savage, and vet all
was braved for freedom’s sake ;—was there
no chivalry in that ? Who chase the Le
viathan amid the storms of the icy Cape,
and grapple with the monarch of the deerj
—is there no chivalry in that ? If to en
dure patiently, to dare nobly, and die
bravely, is any part of chivalry—who will
deny it to the fathers of New-England
and their hardy sons, “whose march is on
the mountain wave, whose home is on the
deep.”
But come to facts. When the brave
Montgomery led an army of New-Eng-
land men through the wilderness which
separates Quebec from Maine, and ap-
peared like a meteor to the astonished gar
rison ; when he assaulted the icy barri
cades of Cape Diamond, and fell covered
with glory; did the world deny to him the
title of brave, bacause his first breath was
drawn far North of Carolina } or were
this band of heroes ungenerous who thus
toiled and bled for their country? As the
Revolution progressed, in ’81, South Ca
rolina was in tho hands of the enemy;
their garrisons occupied every strong hold
and her Patriots languished in dungeons,
while the tory population were desolating
the country. One of them is thus descri
bed :—“On his way hehad to pass thro’
the inhabitants, whose houses he had
burned, whose relations he had hanged,
and some of whose fellow citizens he had
delivered to the Indians, from whose hands
they suffered all the tortures which sav
ageness has contrived to give poignancy
to the pains of death.” In this situation,
a New-England man, then proud of the
name of Yankee, for it was identified,
with the glory of America, undismayed
by the dangers of the enterprise, and al
though almost daily joining battle with a >
more numerous foe, and liable to the dis- i
asters of domestic traitors, who wererav- I
can prosperity A grandeur, that would cast
us back on those disastrous days well re
membered by many here present, which
accrued between the acknowledgement of
of independence, and the ratification of
the present constitution, when there was
deplorable proof that all the natural ad
vantages of the world are of little avail,
without good government to develope, ad
vance and establish them. Suffer me to
add a wish which doubtless is that of Mr.
Madison, that party may spare at least the
the pillars of our political mansion, that in
the strife of the politics of place, the prin
ciples the resources, and the institutions of
our country may, like its religion, be held
sacred by all.
We copy the following article from the
Virginian, printed at Lynchburg. It has
reference to the report that General Jack-
son had stationed himself in the lobby of
the Senate of the United States, wilh a
determination to enter the chamber du
nging the country : Green, with a spirit ! ring the session, and chastise Mr. Eppes,
which placed him next to Washington, j a niember, for language used in refereuce
came to the rescue of Carolina, and when I to him (the geaeraljupon the floor of that
accumulated dangers thickened around branch ofthenational legisIalure.The mode
of punishment proposed, was, we hear,
that of cutting off the ears ofthe offending
Senator. From the commission of this
him, and he was advised to abandon the
struggle, he replied—“I will recover the
country or die in the attempt,” This
nigh: hideous with the blaze of their fire
at the heights of Lundy’s Lane—they
were the yeomanry of New England.—
Shades of M’Donough, Lawrence and
Perry ! has chivalry no wreath for your
brows—no escutcheon foryoursepulchres?
Did “selfinte.-est” transport the Hero of
Erie to the head of the van, in the raging
of the battle, wilh no armour but the “Star
spangled baener,” which he spread in de
fiance to his astonished foe ? or were those
ihe lurid fires of self-interest, that lighted
the spirit of the gallant Brooks, when the
shouts of victory bro he upon his dying
ear, and kindled with a smile, the features
of the expiring youth ? Never, as long as
your native hills shall endure, will chival
ry own a brighter son. Away with the
degrading thought that either the North
4r the Souih would willingly oppress the
other. Self interest is as much felt ktere
as any where. It is self-interest that ex
cites the whole controversy ;—but heaven
forbid, that, however it may induce each
party ta watch over and promote its own
welfare, it should ever sully that generous
and lofty principle, which after all, binds
together the descendants of our Revolu
tionary fathers. They fought, they toiled,
they bled, and they triumphed “as a band
of brothers ;” and despite the flippant and
thoughtless suggession of a few ambitious
young men—they will, themselves, on re
flection, think better of oar national char
acter, and no more mingle in matters of
mere pecuniary calculation, embittered
hostility to our fellow citizens, aud thus
lay the foundation of animosities which
every good man must deplore, and every
patriot deprecate. UNION.
was said in the darkest hour of that day rash actj the General was, as h is said,
‘•which tried men s sou.i, ’ Here was no prevented by an assurance from Commo-
i.jom for gasconade, in the midst of pov- 1 do re Decatur, that he must enter the Sen-
11 y. oes and famine ; he swore to res- j a t e Chamber over his(Decatur’s)dead bo-
‘T South Carolina, and he did it—was d y, to do suc |, a de ed.
t m no chivalry, no generosity in that ?— “ Jackson and Decatur.—Some people
f'* l, ‘\ us co f e to diore recent dates.—i a ffe c t to doubt the accuracy of the state-
)o irst broke the spell ol British invin- j ment relative to Jackson and Decatur,
cibiluy on the ocean? It was a Yankee, j A writer in the Richmond Whig, calls on
Whir men composed the band ofthe gal- Littleton W. Tazewell aud John Tyler,
lant Miller, that thrice drove the British | Esqs. who are both of the opposition, to
regulars from their cannon, and made say whether they do not know it to be
true. We undeistood, months ago, that
Mr. Tyler had stated the circumstances
as coming within his knowledge, as
lie was a member of congress at the
time.”
We believe there are persons in this
city; who have heard the late Commodore
Decatur state the facts above noticed.—
We should suppose that the truth of the
report, would operate most strongly
agaiust the person implicated in the
charge. U. S. Gazette.
Political Nomenclature.—To those not
verised in the arcana of the two political
armies who are waging their warfare with
so much fury, it is a problem of no oasv
solution, what is ihe real state of their
forces, and to whom fortune and victory
seem most prone to incline. It is one erf
the stratagems of war, as we all know, for
each party to represent its loss after a
battle as trifling as possible—and in this
respect our public meetings appeal partly
to follow the same course, but occasion-
ally they go upon a widely different
ground. After a demonstration has been
made by one army, the leaders of the
other forthwith publish and declare that
the demonstration was made by their own
soldiers, that the Jackson meeting was,
composed of Adams men, and that the
Adams meeting in like manner consisted
of Jackson men—a most amicable warfare
truly ! Again these friendly enemies ap
pear so rejoiced at one another’s victo
ries, that no movement can take place but
each bray their trumpets, and cry aloud
that “ Victory is ours”—“ Prospects ne
ver were better”—“ Jackson of stem ih-
tegrhy”—“ Adams of unyielding firm
ness” are each succeeding. “ Factious
oppositions” “ corrupt coalitions”-—
“ hlood-thirstv spirit”—“ liberties of the
country”—“ 'vile tariffforeign de-
pendence”--“south tributary to the north”
—“ influence of the north paralyzed bv
slaves,” and so on ad infinitum are the
sounds that deafen aud stun those worthy
people that chance to receive both fires,
and who dare not trust themselves to ei
ther of these wicked hosts. All this jar
gon is a language not to be understood—
an improvement upon the confusion of
Babel—a braying of trum|>ets and a clash
ing of armor in which it is difficult to distin
guish friend from foe. Each army seems
to be travelling upon a tread-mill—with
out advance or prospect of advance, and
unless new names are adopted which will
have some significance, or a new coTps of
patriots is organized, we see little pros
pects of bringing light out of such politi
cal darkness.—[W. Y. Statesman.
Fof bis military services reward hfe
if not already abundantly rewarded, but
do so appropriately.
The policy of onr country is peace
Let us use ever means in our power'
preserve it. Let it be once understood
that arms, the success uf arms is ihe road
to civil preferment, to the presidency
then farewell peace. Every ambitious
demagogue, incapable of distinguishing
himself by talents, by the efforts of ro ; n [j
will sigh for more speedy and successful
means of distinction. He will sigh and
pant for war, and in one lucky moment
by one fortunate cast of the die, will ar*
rive at the height of his ambition—to sonic
lefty distinction, where else he had never
arrived, and for which only the study and
preparation and experience of half a lif,.
time could qual.fy any one. But lie | Ja .
gained a victory, and he must, therefore
fit or unfit, have the highest civil office ’
“ Strike the drums ! and let the tongues of «
Plead for our interest.”
AUGUSTA.
THURSDAY. NOV. 22, i 82 -
ft? “ Union” in our next.
DINNER TO PROFESSOR LIST.
After the regular toasts were disposed
of, & Professor List’s Address concluded,
Mr. Ihgersoll pave
The health and happiness of James Madi-
s °n—The fatheraud guardian ofthe con
stitution. Prefaced with nearly the fol
lowing observations; If Washington was
the Father of our Country, Mr. Madi
son is entitled to be considered the Fa
ther of that Constitution, by which it has
accomplished eminent prosperity and pow
er Without ever appealing to the passions,
but always addressing the reason of his
fellow citizens, this illustrious Patriarch,
through a long career of public functions,
as a niember of Congress before the pre
sent Constitution, of the Convention
which formed it, of Congress afterwards,
°f Legislature of Virginia, when his
tesolutions of 1/98 were adopted, as Sec
retary of State, and as President of the
United States, impressed as much, if not
more of his mind, than that of any other
on our now well defined and established
Institutions. During his administration,
the v underwent their severest trials, and
achieved their most signal and enduring
triumphs. He took the helm of State in a
storm, which ravaged all Christendom,
and destroyed many governments. He is
the Pilot that weathered the storm.—
When lie retired to voluntary seclusion,
he left us in peace, prosperity and glory.
While the consummate commander to
whom we owe so much, was heroically clo
sing the second struggle for independence,
bv the most brilliant and masterly Victories,
Mr. Madison, supported by Mr. Monroe,
the late Mr. Dallas, and the present Mr.
Rush, sustained and conducted that strug
gle with a courage, coirstancy and efficacy
as much transcending military prowess and
exploit, as the Declaration of Indepen
dence does any battle of the Revolution
as mind is superior to matter. You all
have no doubt read with tne emotions it „
calculated to inspire, Mr. Madison’s late
letter to the public, by which, as the ever-
watchful guardian of the constitution, he
comes forth from his sacred retirement, to
condemn the resolutions of the last Legis
lature of Virginia, which deny the power
of Congress to legislate for the promotion
of manufactures—the only occasion during
a momentous life, protracted to now near
ly eighty years, that he has deemed suffi
ciently urgent to induce such an interpo
sition by him.
Nec Deus intersit, nisi dignus vindice nodus.
Such a voice on such an occasion break
ing through such retirement to save the
Constitution, is as delightful as it most be
decisive. With his aid there can be no
thing to fear. We shall hear no more, it
may be hoped, of a misconsruction that
wonld unnerve the ceastitution of repuMi-
Our last contained an error in the name
of the Surveyor General. Mr M’Br vde
was elected.
We resume t^c publication of Law R*,.
ports, which unavoidable circumstances
have interrupted.
The Legislature has I een doing little,,
since our last, of general interest. A'pro--*
position to lemove the seat of Govern
ment to Macon, and a counter one to en
large the present State House for tho
more comfortable accommodation of the
Legislature, have been laid on the table
of the House of Representatives. It is
to be hoped something final will be done
on this subject, that the uncertainty of
her prospects may cease to operate so
injuriously to Milledgeville. If she is to
be sacrificed, let it be done, and not prat-
tract the agony.
It is also proposed to lend the Darien-
Bank Bills, now in the Treasury »>f the
State, as a more profitable procedure that%
to let them lie useless in the Treasury.
Also, to compel Sheriffs to loiry execu
tions as soon as received, or when requi
red by plaintiffs or their attorneys. As
the law stands, so the Sheriff lias the mo-'
ney at the succeeding Court, lie may in
dulge at his discretion. We do not think
the law would be bettered by such an al
teration, laying the debtor at the metcy
of a vindictive creditor. As it is, tho
officer stands between them to haslen the
P a J m cet oil one side, while he restrains
the effects ofimpetuous avarice & revenge
on the other.
FROM THE LANCASTERIAN REPORTER.
THE DUKE OF WELLINGTON.
This gentleman is a military chieftain.
He has fought bravely and gained many
victories. Often he appeared
“With purpled hands.
Dy ed in the dying slaughter ot his couutry’s foe
His most splendid acchievement was
bis victory at Waterloo—at least it was
one in which he gained most laurels, and
for it his country felt and appropriately
evinced its gratitude. His praise was on
every tongue. He was the subject ol his
monarch’s pride—the artist’s skill and the
poet’s song. He was hailed as the politi
cal avenger of the nation’s wrongs, and
the saviour of his country. In truth he
did render to his country the most signal
military services. Hii victory at Water
loo, was as important, and more so, to the
English nation, as the victory of New^Or-
leans was to the United States. How
was the conqueror of Waterloo rewarded ?
—The English government opened to
Wellington her purse—she presented him
with gold ; but the Americans are called
upon to reward the conqueror of New Or
leans with the highest civil office in the
world. How appropriate the conduct of
England, and how inappropriate would we
act! We are not the eulogists of England
—we are not the admirers of her govern
ment, but in this particular her example is
worthy of imitation.
When the highest office in the English
cahinet lately was twice vacant, was
Wellington appointed to fill it? No he,
is merely a warrior and rewarded as such.
He held the highest military post ; but
Jackson is a warrior, and must therefore
be made President of the United Stales.
—•©#«-
We have seen a Coin (8 Reals) of
Guatamala, sent as a memento by our late
Minister to a friend in this city. The de*
sign is appropriate and beautiful. On one
side the Sun of Liberty is seen rolling
his glorious orb up the steep ascent ofthe
Andes, and already irradiating their bleak
summits With the light of Freedom. A
pot tion of his rays shoot beyond even the
lofty summit of Chimborazo, and gild
with a glorious effulgence the clouds which
float as pure as ether above the beautifut
plains of Chili and Peru. This device is
surrounded on the margin with “Repub- -
lica del Centro de America”—The
Republic of Central America. On the
other side, rises in beautiful proportions,
the Tree of Liberty. It occupies the
whole field. No rival growth, not a shrub
nor weed, divide with it the pasturage of
the soil,or dispute its undivided enjoyment
of tne air and light of Heaven. Around
It are the words, “ Libre Cresca Fecp.v-
do”—When free, it grows luxuriantly
Thus beautifully acknowledging the truth
of the maxim, that Liberty is not to be
trammelled by too numerous or unneces
sary regulations, but should be left to be
preserved by the virtue, and illustrated bv
the intelligence of the people.
We have read the address of the vener
able Col. Willet at the Administration
meeting in New-York; and thongh every
word the old patriot says may be true, we
do not think it so much to the point, as
that of Col. Rutgers on the opposite side
of the question. Col. Willet seems to
think Gen. Jackson couldnevcr have kill
ed so many Indians as represented, be
cause the venerable old man, when he
was an Indian fighter, had not been so
successful. Neither Pickens nor Clark
killed as many ; yet that does not dero
gate from their merits. The Cherokees
called the former, the “ great warrior.”—
Besides, we must think, without drawing
any invidious conclusion, that the Indian
warriors of those days, were a very differ
ent kind of fellows, from the present rein*,
nants of a degenerate race. In the days
of Pickens, Clark and Willet, the Indians
gave as good as they received, and some
times better. We like the spirit of Col.
Rutgers’ address, although its main posi
tion may not told true in all cases. We
believe General Jackson fired hi* musket.