About Savannah daily republican. (Savannah, Ga.) 1818-1824 | View Entire Issue (Feb. 2, 1819)
v tJ tv nr. qavo surae of them protec- , their fort*, Nought the fruits of »• it depredation*, ant! a emcral d'epar* frum a strict “crtifruf course of their ■•.il'tcf,” or, in tb* word* of the paper of • minority of tin* military committee, <t. That Spain neg’vflrd to keep her mly, and thereby became a parly iri tlie <c; or, Cdlj*. IV** too weak to <ln so, ami, 1 rcfurr, ,’.j>-yWtc,/ her right of sovemgn- .” IIo.v tln-f.irfciture *honl<l accrue •tie I T nit«•<! Sta.fi, iti preference ta-ony trier nation, remains yet to lie cxplain- d. ! examine fir>t tin- breach of treaty by piill. I beg leave fir.it to premise, that fee are not now considering what i* cause *f war with Spain. The question is not ;rtiveen the United States a’^l Spain.— ^ hencverthatquc«tionispreseiited [shall ready to deliver my sontiincnte. Were necessary to decide upm that question, diould say that there was umple cause var. 1 hope, therefore, no gentleman ll suppose me to be the apologist of 'panisli wrongs. .Spain has done us many mil rievous wrongs, liven when I have tisfieri niysell upon this point, it is still, mwever, a question of g:eat muinent to etermine whether the United States shall ike way for those wrong*. Upon that lintalsWl shall be ready to deliver my pinion* But the true question before us, bi between the United States and its own Ffi/jicer. lias lie exceeded his authority?— * Mas he, by an exercise of usurped powers, involved, or attempted la involve the peo ple of this nation in a war withoutJtlirir consent, declared through their represen tatives? Sir, it i» my painful duty to say that general Jackson has, in the cases un der consideration, snatched from the peo ple this important right of making wai on- ip by their own consent, and that I can not approve of ihe conduct ol the execu tive, whose dot” it was to have called him 11 a severe account, in tolerating this high handed act. 1 have yet to learn, that the breach of V. sity sin.Jily, and not f •Unwed by the -iediate commencement of open Imstill- . pi itself war? Suppose Spain to have 1 " i.fudy broken her treaty, can the gene- .-•Hol the United States’ army protect! to commence hostilities? Ujn the president himself do it? No, sir, it is only cause of war, up..n which the war-declaring power, n hich is congress may proceed to deliberate and then declare war, as the interest of the nation mav dictate. /V nation may excuse a breach of treaty, especially when it pro ceeds from weakness—(Valtell 323.} rn.is exercise of judgment, and discretion 'in exercising it, belongs, of course, to the war-making power, in each government.— Util'*"*, thcreforjB, general Jackson posses ses this power, he canntit.be justified or excused. ff'the sanie character ard “almost all the t.iaergrounds upon, which the capture of t;.e Spanish posts i. excused, such a* c.r- citingthr Indians h> war, supplying them with arms, giving information and ad tire, and, in general a departure from neutral conduct, by whiih.,** is contended,Spain became a party in the war with the Indians. J will not deny that if there hail been what the writers on national law coll a warlike association—(Vatti l,S-4.328.) and result ing in the information of common cause: Iur instance, if the Spanish agtnorities in East Florida had, by agreement, unlied their interests and forces together, and dither attacked us, nr. thus united, repelled our attack -pnn tne Indians, in that event, we should be compelled to make war upon them, by n regard to.our own safety. Iso declaration »t war would be necessary — ilut, will it be contended any such associ ation was formed? Where is the evidente n 1 ' the alliance or association? Where did f.- Spa nisti troops Attack or array tliem- Ives against ns. until we attacked them? And even then, did they act in conjunction tvitli the Indians? I appeal to the candor nf those who defend general Jackson's conduct, upon this subject? 1 ask them ta. lay their linger upon the document svtiich !£ to establish the existence of *uch • warlike aasnciatv.il between the Span- rirds and Indians as will identify them as equally onr enemies, according to the tle- • nation given of this compact by the law* if nation*. If then, no association is pre- ,cn, the conduct of the Spanish authnii- pcs ia Exit Florida furmslied no more Shan grown’ of complaint, nr, ia other Lords, cause of war, upon which this nation .igl.t have proceeded to deliberate.— ttvcrv causa of war is not war, otherwise « ;i inns could use no discretion. Vet, cvc- tiT person knows that it is the duty of im pious to deliberate when a wrong is done tlie.n. It is their duty to complain of the injury; and. it redress is refused, then to calculate the chances ot a war: to examine fcn own means, the strength and resources «if her enemy, »he probability of success hi She contest, and finally to determine upon jlce'.ariijjf war or not, as t.'.eir honor and Liivir interest may dictate. In the case under consideration, we ni ght have chos- , ii t<> overlook the injury dime os. I do not .., V that we would have done it, although I have some doubt whether this house, or the executive, entertain any serious ideas U »nit'g to war with Spain. But the cir- -u-nstances of the natiu-i, in a similar situ ation with another enemy, might have mi- •ered it necessary to count the cost. Sup pose it hail been Great Britain instead ..f Soain Think you that we si-.uu’.J have nroceeded in the same hea-llang manner? 1 venture tosay not. M bat opportunity has the nation had t.. express its wi,ling oes* to encounter a war with -pam the wrong* which were done that we must fightr Are the they cannot be ovcrlooke...- . contend that they are such as a prudent nation maV overlook, it shd clioiM* “ r * nn ? t midedtliat Uiey arc s( rouge r grou nds dispositcou, 'hry arc evidences of z great er regard for our eoeoi r tSau oiirs-dves. Now. the cases I have'quoted, Vittel ex- piessly declar-*s to be such “as may be overlooked.'' if in other respects the ac- costoninl relations ot peace are preserved —(Vatfel, p. 328.) 'I’rue, we nny rail them to account for it. We may demand noire.*. It was “new ground 11! quarrel'’ id tvfiicl, we had a rigi.-t to complain. “We might expostulate with them, and, nut receiving satisfaction, we might prose cute our right and mike war on taein. But, in this case, there must be a declara tion"'—(Vatlrl. 331.} But. a.*. this nation have had no opportunity to complain of Spain, ami in case red-ess were refus ed, te consult their inteiesl in declaring war nr not. Whether willing or not, it has been declared to their hand, ami those who have dune it are not even to be censured■ That we are not now at war is attributable only to the imbecility of our enemy. Sir, I think that even tho.e who differ with me in opinion upon this subject, will admit, that, had it been Eng land, and not Spain, whose forts were cap tured, we had now been at blows in a war commenced without consulting the people. I go farther, i venture to ask them, had it been England from whom we bad seized these posts, and general Macomb (I men tion Ida name only because I know he com mands on the northern frontiers) theoffieer who had made the war, would he not have been called to a seven: account? But, sir, the policy of the nation is changed: the law is changed; the constitu tion i> changed: the right of deliberation upon this great exercise of power, is de claring war, and with which the interest, miur. and prosperity ol the people are more intimately connected than with any other act of sovereignty, is taken from them: it belongs to general Jackson; he has involved us in war, as far as his act could do i'. and we must support him in it. Soni" -.tl.reasons for the seizure of IIiom: poits deserve to be noticed. One is, because ■•rit. Marks was necessary as a •put fm ili- success of his future opera tions.” And will it be said that this af- rd< a justification of his conduct? So (Mu altar may be necessary in our future operations against the Barbary powers, ami why 1 j take lliat, or some other place the Mediterranean? But, again: it serin* that, the governor of Pensacola sent very insulting letter to the general, tliro'.t* iiiug l > ropol force by force. It i>a* this letter, In* declares, that finally I• termim 1! his mind to capture the place. From hn letter, it would seefli that all the other reasons would not have been suffi cient. Upon the receipt of this letter “lie hesitated no longer.” And so,sir,because liis feeling* and l.is dignity were insulted, this nation must run the risk of war to re venge it. Sir, in my opinion, it was the duly of the Spanish officer to protest, when hediscov; red that general Jackson was on hr* inarch for Pensacola: he was near to it—for lie received the protest <1:1 the 23*1 .of May, ami mi. the next day en‘er, d toe town. The duty of the Spa' ish officer tii liis own government required that he should protest, in saying this, I again repeat, that I do not intend to palliate Spanish wrongs: they are sufficiently great But it belongs t» the people, and not the officer*.of the army, to determine on pun isliing (hem. There is one other circumstance which the general gives asn cau-e for hi? move ments, to which l beg leave to advert. It is this—that lie. “had understood the In diatisweie colletling, t" the amount of four or Jive thousand,* in the neighborhood of Pensacola. This is really too laugha ble to be seriously noticed. At no time during this war, • * there ever as niaby as one thousand seeu together. The Indians had been beaten and dispersed, and driven to the east, into the peninsula of Florida. From whence, then, were these four or live thousand to coim? Sir, all the Se minole*. Bed Sticks and negroes together, did not amount to that number: and I have too good an opinion ot his judgment to think he believed the information, though l have no doubt he received it. I had, sir.-various other circumstances to which I wished to call the attention of the committee, llut I feel myself nearly- exhausted, and I am sensible I have, alrea- 1 dy taken up too much of their time. For the p.Mience and attention with which they have listened r • me. I return them my thanks; they Ij^ve hem great“r, perhaps, titan I deserved. B,r l cannot take my seat without railing their attention to- the precedent which 'will be made in this case, i'iii* body is the child almost of prece dents. Nnt*a case presents itselfhut what precedents are sought—even every little claim is governed by precedent. 1 hop- they will be aWaic uf the import. . one to be afforded by the di ei-i»n ul tins ques tion,and that it shall not be such s* t!i»f',at some future period, some ambitions gen eral should spring up, ;::id panting to ac quire the same glory, without possessing the talents of general Jackson, should, by some mad act. hurry this nation into war, lie shall not ha e it in ins power to point to tills raise, and shield liiniseU Irotn respon sibility. [emirs to br. rovTlxcrji) •Mr Cobb fee'., it !>ot justice *0 state, that, since the J, livery of in. argument, lie his been inform ed by a gentleman tliat tins is a *5peg ufhical er ror, and that it should be fj'ir i r /Trr imnd-td.— Mr. It. has ii"t examined the document from which the letter laid on his table was primed. He, how ever, takes it for granted, there was a mistake, and, had lit known it .before lie rose to speak, he should not hare adv '.tad to the circum.tanee in the terms he did. The circumstance to which he a'.! ided, may be fcundln the letter of general , , .lack-on to the ivar department, of the date or such as 1 5ttl yj a y. 1818, at page 38 of die printed docu- h as that ! rneots- THE HEP UB LICJLN. TUESDAY EVENING, i>»»CBHr 2,1819. It is with feelings of great ngrel that we an- nounce the dea’h of Mr. PERMING GR ANT LAND, the junior editor of the Gt'i-p ■ JmrmJ He died, at .VTi'd-atgevdle, on The 28'h ultimo, in Ihe prime of manhood. We k # w him well, and deeply deplore his In,-. Ur lia, Irlt a wife and two infant babes, besides o*lier near and dear re- b'lrr:, to iveep o’er hi* grave. Sl 'MlXO/.K n.itt. We to day commence the re publication, from (he National Intelligencer, o* the interesting de bate in congress on the report of the military committee, relative to the proceedings of general Jackson h : s late campaign. It has found all sorts of supporters— ••tltack spirits and u bite, fled spirits and grey.” Federalists, q 1 lids. Pi ckeronians, and democrats, have mingled in advocating the report, in thr bouse. We have always felt a great respect for Mr Clay; and we regret to find him in bad com pany. We are irresistibly led to the conclusion (after mature r Mention) that the opposition from this gentleman and others, emanates from person al hostility to Ihe administration, than great regard for the good faith, and honor of the republic.— We are more inclined to this opinion, when tht- locality of acer>iin brag^i-ig noisy character on this subject is recollected, and particularly his political intimacy with an individual, who would not grant an asvlom to “tlie/NfifiTjf* of the old world either for thtir cntMcs or their V1BTCES Many, who rarely regard their obligations Jo their couotiy, when personal feeling and resentments are to be gratified, will be found.ia “battle array” against Jackson, in order to attack Mr. Monroe, through him. Our word for it, almost every federalist in congress will take part in favor Of whatever may tend to tarnish the ever green laurels uf general Jackson; and you will find them lo a man, recorded in the sffirmative in censuring him. This should make every repub lican pause and seriously doubt the propriety of the report. If Ihe hero of Nevv-Orleans is to be lacrtfied for executing two monsters in human shajfir, who, re gardless of moral obligation, and the ties of civi fixation, unite with savages, and with all their fe. rosity, but more of iniquity^ as better informed; embark in deeds of rapine and murder; we shall not be surprised to hear that the redoubtable Don Onis lias required our government tb forbid Ame rican citizens from expressing any wish favorable to Jackson; we shall not be astonished to find the •’•adored” Ferdinand openly ynaoifestinjf an in tenlion, like Adelfird, one of the £i1>gs of the Sax on Heptarchy, to wage war upon us for praying that he may be defeated in his efforts to subjugate the republicans of SoiPh-Amcrica- We have not room to day to extend oqr remarks further. (jj* Advertisements omitted to-day, shall have insertion to-morrow. m SHIP NE' pout of s.ii'M&fiqff. Are hecoutended tliat they arc s(ro;. S v rgrounus ofcoiaplqi* 1 # than “furnishing a dutermm- "dsuccor,allowing troops to be raise,I ..r advancing money*” Although i;c! precise- fl .he same, yet they are of similar charac- (<r. They are the evidences ol a hostile State Bank Shares. On Tuesday, 6 *> <*j April enunnf, y Will be sold, at s >•' f' - .rt -House, in die city of Savannah, between the hours of 10 and 2 o'clock, Ten SHARKS in the s’c ck of the bank of the State of Georgia—T!-* property of A*» RiTifaiB*, a Minor. S aid by order of the Court of Ordina ry of Chatham County. 'Villi irt» T* Williams, Guardian. feb 2—-f - 27 aRBlYXD, . Jji- Ship Oryzan, Auld, Rotterdam, 4® day.—gin and bricks—to Douglass {k'Sntrel.- Spoke in hit 50, 59, ion 69, brig Lit'tle-Elizaj from Harafia, bound Ocracock—supplied her with bread. In hit 34, 3, Ion 69, spoke brig Comet. from Marti- nique, bound to lloston—all well—requested to be reported. Brig Sophronia, Harding, Boston, 19 day*— with ice—to F. Tudor. Sclinoner Ospray, Drinkwater, Baltimore, 6 days from the Gapes. Schooner Regulator, Norton, Richmond, (Vs ) 7day«—with flour—to Douglass & Sorrel. Schooner Juliet, l.atoorett, l’eiersburg, (Vi.) 18 days, and 8 from the Capes*—w,th‘ flour and brani—f J order and tiie captain. cm, asn. Schr Mary Miners Plymouth (jr. c-) Sclir ilokee. Gibbs Wilmington. For Liverpool The ship CLIO, Caleb Heath, ma*trr. lias a considerable part of her cargo engaged, and will be dispatched immediately. For freight or passage, apply to I. MINIS, feh 2 --27 Notice, All il*m «ritli against the British bri^s ELIZA ANN, captain pule, smd JESSIE 'captain Lyon f»»* Grtenftck, are rerjues ted to be delivered lo ihe subscribers for liqui dation on or before Thursday uext; otherwise they will not be paid. John Speakimn Sf Co. ftb 2—M—27 Fraur*: -wharf Notice. Neither tile undersigned nor captain Deschamps wjll-pav any debts the crew of the French ketch Sophia may contract. Duliainel <$• Auze. feb 2 >t 27 Cotiliion Society. A HALL wiU be given at the Exchange on riiursHav-Evening,.4th ins*ant. Bills on New-York and London, .At bix'.)’ mil thirty cUy^ iW sale «>y ^A^g?****®' Taveau, fob '2 rp— -37 Jnn*»* wharf Corn arid IVhiskeij. 2000 biislieU-priJne-whUe Corn 1 (fO barrels .Whiskey ! sanding fro in schooner Aspra, vi'J for sale by Hall A* Hoyt. felt 2 27 Notice, The public are cautioned,not- fq receive or ne goliate a note of hand, dattd Qct 22d, and payable to Thomas Hurdoti, or n;«ier, from An thony Goldenbtrg, f»ji fifty-two dolls, thirty ccnis This having been mislaid, the payment ft stopped, feb 2 *•—27 v auctions. To-Morrow, the M instant, trill be told on .\f*Kinne's whurj, 106 hhds prime retaffimsHmiis MOLASSES 9 lihd« Havana MusorfVa.ib SUGAR Terms—all auma under 3*;0 dollars, csjb; over 3«'0 to 509 dollars^.' sixty days; and qr9» 10C0 dollars, ninety day.*; approved endorstjSpaper. Sale to commence at IF Vchc*, M. Herbert, ducVr. feb 2 27 “ ■ vg . To-Morrow, 35 inst Will lx told before my store, . A GENERAL ASSORTMENT - - Groceries tad Dry Goods, Sale to commence at l\ o’chch: >. ' ' ' ' -V Bowe»fliietV f*b 2 37 (ar xrrnoRtTT.] J1XAC? To be entitled at. act, supitmentary to, and tnc^e efiecluaUy t*» enforce an act, entitled an act, prescribing the mode of manutnitin^ slaves in this state, to prevent tSiefdture migration orfree persons of color thereto; to icgulat- such free f iersuns of culor, ns now reside therein, snd or other purposes. Whereas the j rinciplel rf sound policy, con sidered in relerencc lo the free citizens of this slate, and the exercise of humanity towards the slave poj.uiation tvitnin the same, imperi»»«sly re quire that tne .number of free persons of color within this state should not be increased by ma- numisson, or the admission of inch persons from other stairs to reside therein; and whereas divers persons of color, who are slaves by the laws of this state, having never been manumitted in couf«rn.u\ to the same, are nevertheless m the full extreme and enjoyment of all the rights and privileges of free persons of color, without being *ubjcci to the duties and obligations iuodent lo such persons, thereby con,iitu.ing a class of peo ple, equally dangerous to the safeiy of the free citizens ol this state, and destructive of the com fort and happiness cf ihe slave population there of. which it is the duty of* this legislature by all just and lawful means to suppress: — Jie u therefore eruictcti by ihe senate end houie cf representative* oj the state of Georgia, in grtoerut aetetnbiy met, and n i* hereby enuCitdby the autho- rtty'of the tame. That the act lutein before refer- ed lo, shall be strictly enforced, but the penalties therein prescribed, except where the same shall be otberwire* provided for by this act, shall be increased to live hundred doll at s, tor each and every offence inhibited by ihe said act, and shah, together with such penalties as are prescribed by this act, and the proceeds of all sales directed thereb), after deducting ci sts, be appropriated, one half to the use of the person suing or prose cuting for the samf, and the other half to the use of the county in which the offeoce is committed, except in the city of Savannah, where the halt cf such penalties hereby appropriated to the use of the county, shall be appropriated and paid over to the u«c ol that corporation. § 2 Be it further enacted, That the third sec tion of the aaid act, herein before refered to, shall be Construed to extend to inhibit the recording only of so much of any instrument (as is therein described) us shall relate to *he manumiting or setting free of any slave or slaves. § 3- Be it further enacted. That from and after the passing of ibis act. it shall not be lawful for any free pers. n cf color, (Indiana in amity with the state, :.nd regularly articled seamen or ap prentices, arriving in an> ship i t vessel'excepted) to come into this state; and each and every person or persons offending herein, shall be liable to be arrested by warrant, under tlie hand and seal of any magistrate in th ? stale, and being thereof convicted, in the maimer hereinafter pointed out, shall be liable to a penalty not exceeding one hundred dollars, and upon failure to pay the same within the time prescribed in the sentence awarded against such person or persons, he, she or they, shall be liable to be sold by public out cry, as a slave or slaves, in such manner as may be prescribed by the court awarding such sen tence, and the proceeds of such sales, shall be ap propriated in tlie Ipanner provided for the appro prution of pemdiUs recovered under this act; Provided, that any person or persons w ho shall have been convicted under this section, and shall have complied with the sentence awarded against him, her or them, by payment of the penalty or penalties, shall be liable to n new prosecution. and to all the pains and penalties herein prescrib- section of this act. j Kving in any ship or Vet.- *' - eptcrfji sh/% altfttbe first Monday in Ma* next, be Voillk? fritV in the limit's of this state, whose nairesshnl! no', ■beenrolcd in the bhitk'-'af ’registry, d-'Acriind In the proceeding section, or having been enroled, who shall have been refused certificates in the manner therein prescribed, and who Shall be working at large, enjoying ihe profits oThis or fief labor, and not in ‘.he emplcyn cht cf a master uf owner, or of some White person, by and Hi viftti’e of an actual a« d bona fide contract, w ith the mas ter or owner of such person of color, secur ing to such masier or owner die profits arising from ihe labor cf such person of color, fhiU be deemed, held And taken lo he slxrt»s »*>d may be arrested by warrant under tlie hand of any-magi* irate of this stale, and such. proceedings being had as arc liereinafter provided, shall be sold by public out cry as staves, and the prcceeds of such sales shall be appropriated in the manlier specifi ed in the first section of ibis act 47. Be it further enact**!. That all registered free persons of color, between the ages cf fifteen and sixty years, shall be liable to do public work* in tlie counties or corporate towns in which thejr may reside, under such regulations and on pain of such penalties for non-compliance, as the justi ces of the Inferior courts of the several. counties, and die mayor and aldermen, or attendant and war dens, or commissioner? of such corporate towns shall prescribe; and it shall be tlie duty of such justices of the Inferior court, ;*r.d of sucb mayor and aldermen, intendant and wardens* of com missioners, to cull out such free persons of color, and employ ’.him in public work, within their respective Jurisdictions, for a term not exceeding twenty <U}S in one year. 48 Re it further enacted % That no Free person of color within this state (Indians in amity with ihis slate excepted) shall be permitted to pur chase or acquire any real estate, or any slave of slaves, either by a direct conveyance to such free person of cblcirofshe legal title of such real eii tate, or slave or slaves, or by a conveyance to any white person or persons of slich ifegal title, ft* serving to such free person of color, the benefit cial interest therein, by any trtiat. tithfer written or parol, by any will, testament or deed, or any contract, agreement or stipula'ion, either Written or parol, and securing;, or attempting to secure, to such free person ot color, the le^u ti ; tie, ot equitable ( r beneficial interest therein, but all and singular such real estate, and each and ev ery sucb slave or slaves, shall be deemed and held to be wholly forfeited, and the esch-u'oi, in th« several counties in this slate, shall bei'id they •aid nereby required to proceed against; ueb pro pel ty, in the manner pointed out by the «ever*> acts to regulate escheats in this state; and the proceeds of such forfeited proper!' shatl, after deducting ten per centum on the gross amount thereof, which shall be paid to the perron giv>rjf information of the same to the escheator, nr U il» esclieator himself, if he shall discover tlie unie, and the costs of the inquisition be apprepritted one half to the use of the county, eicrpt in tpo county of Chatham, in which such moit*y Shall be paid to the corporation of the city of Savannah, and (he other ri’ioiety shall be paid into the treidh- ry ot die state; and all and every peiron or per sons who shall he concerned in covering or pro- tectiug such property, so as to sveure, or attempt to secure, the legal or.equitable title therein to. such free person or ptrrons of fc..Jor, tommy to the true intent and meaning of this act, shall bV liable to a penalty not exceeding one theusaujl dollars, which shall be sued for and recta erod in the manner hereioaiter ( ointed »u', arid (hail he ppfopriuted in the inode prescribed it. the fiv#; ed, as often as lie, she or they shall be found with in the limits of this state, after the expiration of twenty days from the time of his, her or their discharge, from such previous prosecution; aiui provided moreover, that any articled seamen or apprentice as aforesaid, who may he found with in the limits of this state, after the expiration of twenty days from the departure of the ship or vessel in which he may have arrived, or after his discharge from such ship or verst),- shall be liable to all|lhe pains and penalties of (liis act. % 4 He it /unher enacted. That all and every will and testament, deed, whether by way of trust or otherwise contract, agreement or stipulation, or other instrument in waiting, or by parol, made and executed for the purpose of effecting or en deavoring to effect Ihe manumission of any slave or slaves, either directly by contcrnng or attempt ing to confer freedom on such slave or slave-, or indirectly or virtually, by allowing and securing, or attempting to allow and secure, to such slave or slaves, tlie right or privilege of work ing for his, her or themselves, free from the r jr.tiol of the master or owner of such slave >r tlnvea, or of enjoying the profits of his, her or their labor or skill, shall be, and tlie ame are hereby declared to be utterly nuii and tool; and the person or persons so making or executing any such deed, contract, agreement, stipulation or other instrument in writing, or by parol, and all and every person or persons con cerned in giving or attempting to give effect there t..-, whether by accepting the trust thereby creat ed or attempted to be created, or in any ether way or maimer whatsoever,'sh ill be severally liable to a penally not exceeding one thousand dollars, to he recovered in the manner hereinafter pointed nut; and each and every slave or slaves, in whose behalf such will ot testament, deed, contract, agreement or stipulation, or other instrument in writing, or by parol, shpli have been made, shall b$ liable to be arrested by warrant under the hand and seat of any magistrate of this state, and being thereof convicted in the manner here inafur pre scribed, shall be liable robe sold as u slave or slaves, at public outcry, and the proceeds of sucl, sales, shall be appr iprinted in die manner pre scribed by the first scciinu ol this act. § 5. He it further enacted, That all and every free person or persons of color, residing or being a'lUiin this state, at the time of the pass.ng of this act, and continuing or being therein, on tne first day of March next, except as herein before ex cepted, shall, on <>r before that day, and annually on nr before tne first Monday in March in each and every succeeding year, which they shall con tinue within tlie limits of tins state, make appli cation to tlie clerk • J' the. inferior court of the county in w inch they reside, and it shall be the duty of such clerk, to make a registry of such free person or persons of color, in a honk by him to be kept for that purpose, particularly describ ing therein, the names, ages, places of nanviij and residence, lime of coming into this state, and occupation or pursuit of such free person or per sons of color; and such clerk shall be entitled to demand and receive fifty cents for each and every jerson or persons so registered as aforesaid, and or granting a certificate* thereof, w .veil he shall in like manner be bound to do, on or before the first Monday in May tiicrcaller; if no person shall appear to gainsay the same, and to the intent that all persona concerned or interested therein, may- have due notice thereof, it shall he the duty of such * leik forthwith, after the said first Monday in M.-b in each ahd every year, to cause to he pub;;-,led ill one or more ol the public ga zettes of tiie county, or in cqunties where there are no gazettes, in some one or more of the ga zettes of the state, a list or such free persons of color, applying for registry, with notice that certifies'1 s will be granted lo such applicants, if no objections are made thereto, on or before the second Monday in April thereafter; and e^ch and every person dtsuous of objecting thereto, shall file such his nljeclions in tlie ..ffice pf such cleik within ihe time specified in such notice, which lrsceedings siiaif he by the said elerknotified to the iistices of ihe inferior court of sne'o county, and shall be tried and determined in the manner here inafter pointed out; and the said clerk shall grant or withhold such certificate, according to (he de- terminathiif Jhertof; provided, that the expense of sucb publicaton, shall be defrayed out cf the coun ty fund*, wherothe moiety of the several penal ties prescribed by this act, ia appropriated to the county, and out of the fltnds of the several corpo rate to Why, where such moiety is appropriated to mch corporations. ,5 .6. He it further enacted, Tliat all and every person of color (Indians in amity with this state, or regularly articled stamen, or apprentices ar- (9. if itfumhet charted, That all and singular the penalties prescribed by this sfct, arid each ami every proceeding diiceted herein, except where it is otheru i.-.e specially provided • hereby, shall- be prosecuted, recovered and enforced," against, all and every whi'C person or perioi.s, wfo ghiu b'rome amenable thereto, by iction «-f debt or iff? ■ A ment, in the fidperior courts of ttu respective' counties, according lo the ordinary course of pro-' ceedmgs therein; and the same shall fie prosecuted.' recovered and enforced, against ait and every pefr s-ui or persons off color, whether free Or gV.ve',- b.J'nre the justice- of the Inti nor cob rtf of the res* pective counties, or a majority of them, either fit the regular sessions of such courts, or at epeeiql sessions to be- field fm that purpose, which ih* said justices,.or a majority of them, are heraby empowered to hold, and to do all. needful and-, ntcessary acts therein, hr giving full f fleet to the provisions of this act; and the said justices shall i* like manner be authorized to li 'ai and dete-tnin® all objections which shall be made to the registry 1 .-, of any person of color claiming to hefioe, resent ing alw ays to the judges of the Superior court* the constitutional right of revising all such pro.' ceeuings; for.winch purpose the said justice® shall be required ro make a special record of theli f several aelings and doings in the premises, and Of all evidence or testimony given therein, and to transmit the same When required, to the said judges: Provided ahtayo, that in afl trials which may be lead undev this act, except for tlie enforce-' ment of penalties against white persons, the court shall be authorized to require the answei* on oath (to such questions touching the same as Jhe^ may deem relevant) of all and every white person or persons claiming title to such persons uf color* or to any real or personal property, which shall , be proceeded against, as. forfeited under ibis act,' or in whose employment sucb person of color may be, or who may be guardian of such person cf color, and the same shall be read as evidence , therein. ! •. . (10. He it funher enacted. That it shall he' tin doty of all courts end judges, before whom any j>roc euiiigs may be had under this act, so 1 o c-Jtr- su.it the S'jveial provisions thereofas to carry tb* same into full and complete operation, according' to the true spirit, intent' and meaning thereof, a% leclared in the preamble of the satne; and all and every such courts and judges, are hereby invested with full power for such purpose, and are sutfior-' ized and required to make all,necessirv rules and regulations, and to adopt all needful proceeding; not herein specially provided, according to the usual course oT justice, which ttuty be at any time required, for the purposes aforesaid. 4ll- licit further enacted, 'Wist all warrants is- sued by any magistrate under this act, against anv person of color, whether free or slave, shall be re turned by the officer executing the same, to the just,ccs of the Inferior court ot the county ir, wlueh the seme may be isi-ued; and the said justi ce*. or a majority of them, stall proceed imme- -lately to heir and determine thereon, making sur.h record of their proceedings a* i s herein be: fore provided. Resjaxjx VVillujis, Speaker rfthe h'.me of rcprvrcmtttiver., Mathew- 'IVibot, pre idea: of the tenuln Assented to, 19. h December, ’ WILLIAM RABUN, gover- ,r' Ct/’ The foregoing act in relation to persons of ,color is published ir, pursuance ot the recornmen' dation of the Grand Jury, by the said act. sec- tion a, every free person of color in Glia' bam county on the first Monday in March next, shall, on that day, and annually, xpplv to the cleik of the Inf./or Court and register their names, pay ing therefor fifty centosSfjfc-perslc for neglect is very severe, and wjll be enforced!—^therefore, this notice is given. As these persons cannot all read, tbeir friends should instruct them. I will be at the court-house thr Whole day on the fir at of March, being Monday, to make tlii* registry. It may be made at «ny time before. JOB T. HOLLKS. citric. Wanted Immediately^ A man of good character, to take charge fif a cotton plantation, near town. Apply at this of- fice - ’ ' feb 2 *——ST . ; MatshaVs sales. On the frit Tuetday in March iietrl. Will be sold at the court-house in tlie ci(y of Si-' vannalf, between the usual hfcUrs of tin and three a’clock, . v *. .• r The folios.ing Negroes- Heuey arid t**6i*i&s= levied on a* the properljrof. John Molieji; at (hfi suit of Lewis A. Bonnike vs. John Malic),. John II. Morel; marshal. I): &. feb 1 -27
