The Southern museum. (Macon, Ga.) 1848-1850, August 18, 1849, Image 1
THE
wsssanm 9
Hill be published every SATURDAY Morning,
In the Brick Building, at the Corner of
Cotton Avenue and First Street,
IN THE CITY OF MACON, GA.
UY WM. B. HARRISON.
~ TERMS:
I’or th'Y Paper, in advance, per annum, $2.
if no t paid in advance, $2 50, per annum.
It' not paid until the end of the Year $3 00.
jp’Advertisements will be inserted at the usual
, Tltej -. a nd when the number of insertions de
s;re,l is not specified, they will be continued un
til forbid and charged accordingly.
Advertisers by the Y r ear will be contracted
with upon the most favorable terms.
ipp Sales of Land by Administrators, Executors
•or Guardians, are required by Law, to be held on
the first Tuesday in the month, between the hours
~f ten o’clock in the Forenoon and three in the Af
ternoon, at the Court House ot the county in which
■the Property is situate. Notice ofthese Sales must
ie given in a public gazette sixty days previous
to the day of sale.
jj* Sales of Negroes by Ad mini stators, Execu
■tors or Guardians, must be at Public Auction on.
the first Tuesday in the month, between the legal
hours of sale, before the Court House of the county
where the Letters Testamentary, or Administration
•or Guardianship may have been granted, first giv
j„„ notice thereoffor sixty days, in one ofthe pub
lic ''azettes of this State, and at the door of the
Court House where such sales are to he held.
[O’Notice for the saleof Personal Property must
he given in like manner forty days previous to
the day of sale.
,j j’Sotice to the Debtors and Creditors o'.an Es
tate must be published for forty days.
that application will be made to the
Court of Ordinary for leave to sell Land or Ne
groes mu3t be published in a public gazette in this
.Siite for four months, before any order absolute
can be given by the Court.
for Letters of Administration on
an Estate, granted by the Court of Ordinary, mu3t
be published thirty days — for LettersofDismis
siou from the administration ofan Estate, monthly
for six months —for Dismission from Guardian
ship forty days.
(jj*ltuLEs for the foreclosure of a Mortgage,!
must be puolished monthly for four months —
for establishing lost Papers, for the full space of
ruin;* months — for compelling Titles from Ex
ecutors, Administrators or others, where a Bond
haibeen given by the deceased, the full space of
three months.
N. 11. All Business of this kind shall rcceiv
prompt attention at the SOUTHERN MUSEUM
Office, and strict care will be taken that all legal
Advertisements are published according to Law.
(CfAII Letters directed to this Office or the
Editor on business, must be fost-paid, to in
sure atlention. Cl)
“A LITTLE MOKE GRAPE.”
mi IE undersigned, true to Ins promise, again
I presents to the Public more data on which
they can safely base their calculations relative
tu the respective merits ofthe depleting system
ofthe disciples of Esculapius, and of that invig
orating and plilogeslic tine of which he is proud
to be the advocate.
Leaving the stilts of egotism and shafts of rid
icule for the use of those who have nothing bet
ter to stand on, and no other weapons for attack
or defence, he selects his standing on truth, and
uses such support only as merit gives him ; and
for weapons, he chooses simply to assail the
ranks of the enemy occasionally with “a little
more grape,” in the form of facts,which are evi
dently the hardest kind of arguments since they
often administer to Ins quiet amusement by the
terrible destruction they cause among the stilts
and the ludicrous effect they produce in causing
certain individuals to laugh, as it is expressed in
homely phrase, “on t’other side the mouth.”
The Mexicans arc not the only people, these
days, whom vanity has blinded to their own de
fects ; neither can they claim much superiority
in the way of fancied eminence and blustering
bravado over many that live a great deal nearer
home. A salutary lesson has latterly bepn giv
en the former by the Americans, and the latter
may ere long take “ another ofthe same ” ala
mode de Tuiilor.
After the following there will still bo 11 a few
mute left.”
Georgia, Jones County, alß4B.
This certifies that for more than four or five
years my wife was afflicted with a disease pecu
liar to her sex, and notwithstanding all that we
could do, she still continued to get worse. The
Ph ysicians in attendance had exhausted their
skill without rendering her any assistance till,
in 1844, when she was confined to her bed in a
vary low condition, I got her last attendant to go
with me to Macon and lay her case before Dr.
M. S. Thomson, who, without having seen her,
prescribed and sent her medicine that soon re
lieved her, and in the course of a short time re
stored her to permanent health. She has now
been well about four years and rejoices in the
recovery of her long lost health
FRANCIS B. HASCA^.
Macon. June 22J, 1848.
9k M. S. Thomson —Dear Sir: —Deeming it
a duty I owe. to yourself as well as to the afflicted
generally, 1 have concluded to give you a short
statement of my case, which you are at liberty to
publish if you think that the best modeofthereby
subserving tho interests of suffering humanity.
In May 1841, after considerable exposure to
cub), I was attacked with Asthma, which pros
trated me very much, and notwithstanding all
that could be done to prevent it, it continued to
return about every two weeks till in 1846, I ap
plied to you. Between these attacks I had a very
“cvere cough, which led some of the physicians
t° whom I applied to believe that I had consump
*'°n. 1 applied to physicians of both the Min
eral and Botanic schools, of eminent general
qualifications, but all to no benefit, for 1 contin
ued to get worse, so much so that I had reduced
Ironi being a strong, fleshy man, down to a mere
skeleton and could hardly creep about.—When
I applied to you, 1 had but little faith in being
cured, though 1 had witnessed some wonderful
results following your treatment, especially the
cure of that crazy woman you bought of Aijuil-
Phelps, tn Jasper, yet they gave rne confl
uence and by persevering in the use of your
remedies, and as it were hoping against hope,
1 ,' U ‘\ n ;ucl> gratified in being able to announce
one | c S°< entirely well, for I have had but
■ I " uttaek in twenty months, and that was
iriv r »go. I have now regained about
anv ormfir height, and feel as strong as almost
a " u “hy-one, which is my age. Without
that r ,l f e,nen . l to the characterofthe other cures
tine ij* S0 * rß queutly resulted from your prac
tliis' c ° not . think that any of them can heat
C 0 ’ or Bon firmed Jisthnui combined with a
\in s ( . re . cou gh, especially where the flesh
cu rcai,r , l° n g been classed among the iu-
Most respectfully, vours,
H. LIGHTFOOT. |
ni c c , l“ n r ,,rsi ß nfid S, 'H continues to treat Cliro
the ciiv ° m ■ a n d his office,or cither of
through .r ,ardin ß houses, and at a distance
who (font 16 tna ‘* or **y private hand. Those
fivt; ~r erl "'r e personal attention, are treated
Us,J! >l inr'i i " S P er month, those who do, at the
P a y mus’ , er ,te rates< Those who are able to
our Icrm so, without variation from
those whn’ 11,1 Hg ® a distinct bargain is made,
Letter* \ ar,! ’l" 1, will be treated gratuitously.
must be past-paid, and addressed
Jln 3 M. S. THOMSON, M. P.
Macon, Ga.
THE SOUTHERN MUSEUM.
VOLUME I.
_ i) o c 11* .
The following verses are taken from anew
volume of Poetry, by Mrs James Hall, receutly
published by Putnam, of New York :
WHEJI IS Sl'3ll*l Ell I
When, oh when is rosy summer?
When the heart is in its prime,
When all life is fair and blessed,
Then is rosy summer time.
When the days beam bright above,
Hearts uutouched by pain or care,
And the mingling streams of love,
Never gloomy shadows wear.
When, oh when is rosy summer ?
When Love's flower-breath fills the air,
And a sense, albeit, is dreaming,
That no change can meet us there f
Then, though Borean snows are round us,
Though the winds howl loud and shrill,
Summer's magic spell has bound us,
And the heart can know no chill.
When, oh when is dreary winter?
When life darkens ray by ray,
And in loneliness and anguish,
We have watched it waste away.
When the glory has departed,
That o’erfilled the earth with bloom,
And vve linger, weary hearted,
In the shadows of the tomb.
When we leave the ground enchanted,
And the cloud peaks where we roved,
Bearing still our heart’s home haunted
By the shades of lost and loved ;
Bearing still the idol broken,
In its closed and guarded sane,
Echoing with the words once spoken,
That we ne’er may hear again.
When, oh when is dreary Winter?
When upon the shore we’ve stood,
And beheld the under current
Os life’s dark and stormy flood.
Tltt n, though blossom is spread before us,
As the rosy seasons roll,
Winter’s iron chain is o’er us,
And the ice is in our soul.
THE BUTTON.-An Epigram.
John, who is always too punctilious,
Got up one morning rather bilious,
And thus began to scold :
“Say, where’s that button ? you're a wife
To worry out a fellow’s life—
llow oft must vou be told ?”
But,
madam, with a ready wit,
That cuied her spouse's angry fit,
Cried, “dearest, do not scoff
About that little button, John—
I really meant to put it on—
But then I —put it off!”
Gen. Riley’s Proclamation in California.
To the People of California :
Congress having failed at its recent ses
sion to provide anew government for this
country, to replace that which existed on
the annexation of California to the United
States, the undersigned would call atten
tion to the means which he deems best cal
culated to avoid the embarrassments of
our present position.
The undersigned, in accordance with
instructions from the Secretary of War,
has assumed the administration of civil af
fairs in California, not as a military gov
ernor, but as the executive of the existing
civil government. In the absence of a
properly appointed civil governor, the
commanding officer of the department is,
by the laws of California, ex officio civil
governor of the country, and the instruc
tions from Washington were based on the
provisions of these laws. This subject
lias been misrepresented, or at least mis.
conceived, and currency given to the im
pression that the government of the coun
try is still military. Such is not the fact.
The military government ended with the
war, and what remains is the civil gov
ernment, recognised in the existing laws
of California.
Although the command of the troops in
this department and the administration of
civil affairs in California are, by the exist
ing laws of the country and the instructions
of the President of the United States, tem
porarily lodged in the hands of the same
individual, they are separate and distinct.
No military offiuer, other than the com
manding general of the department, exer
cises any civil autboiity by virtue of his
commission, and the powers of the com
manding general, as ex officio governor,
are only such as are defined and recog
nized in the existing laws. The instruc
tions of the Secretary of War make it the
duly of all military officers to recognise
the existing civil government and to aid
its officers with the military force under
their control. Beyond this, any interfer
ence is not only uucalled for, but strictly
forbidden.
The laws of California, not inconsistent
with the laws, constitution, and treaties if
MACON, (GA.) SATURDAY MORNING, AUGUST 18, 1840.
the United States, are still in force, and
must continue in force till changed by
competent authority. Whatever may be
thought ofthe fight of the people to tern’
porarily replace the officers ofthe existing
government by others appointed by a pro
visional territorial legislature, there can
be no question that the existing laws of
the country, must continue in force until
replaced by others made and enacted by
competent power. That power by treaty
of peace, as well as from the nature of
the case, is vested in Congress. The sit
uation of California in this respect is very
different from that of Oregon. The latter
was without laws, while the former has a
system of lavv3, which, though somewhat
defective, and requiring many changes
and amendments, must continue in force
until repealed by a competent legislative
power.
The situation of California is almost
identical with that of Louisiana, and. the
decisions of the Supreme Court, in recog
nising the validity of the laws which exist
ed in that country previous to its annexa
tion to the United States, being not in
consistent with the constitution and laws of
the United States, or repealed by legiti.
m ite legislative enactments, furnish us a
clear and safe guide in our present situa
tion. It is important that citizens should
understand this fact, so as not to endanger
their country and involve themselves in
useless and expensive litigation by giving
countenance to persons claiming authority
which is not given them by law, and by
putting faith in laws which can never be
recognised by legitimate courts.
As Congress has failed to organize a
new territorial government, it becomes
our imperative duty to take some active
measures to provide for the existing wants
of the country. This, it is thought, may
be best accomplished by putting in full vi_
gor the administration of the laws as they
now exist, and completing the organiza
tion of the civil government by the elec
tion and appointmens of all officers recog
nised by law: while at the same time a
convention, in which all parts of the terri
tory are represented, shall meet and form
a State Constitution, or a territorial organ
ization, to be submitted to the people for
their ratification, and then, proposed to
Congress for their approval. Considera
ble time will necessarily elapse befote a
new government can be legitimately or
ganised and put into operation. In the in
terim the existing government, if its or
ganization be completed, will be found
sufficient for all our temporary wants.
A brief summary of the organization of
the present government may not be unin
leresting. It consists, Ist. of a governor,
appointeefby the supreme government;
in default of such appointment, the office
is temporarily vested in the commanding
military officer of the department. The
powers and duties ofthe governor are of a
military character, but fully defined and
pointed out by the laws. 2d. A Secre
tary, whose duties and powers are also
properly defined. 3d. A territorial or de
partmental legislature, with limited pow
ers to pass laws of a local character. 4th.
A superior court (tribunal superior) of the
i erritory, consisting of four judges and a
fiscal. sth. A prefect and sub prefect for
each district, who are charged with the
preservation of public order and the exe
cution of the laws; their duties corres
pond in a great measure with those of dis
trict marshals atid sheriffs. 6th. A judge
of first instance for each district. This
office is, by a custom not inconsistent with
the laws, vested in the first alcalde of the
district. 7th. Alcaldes, who have con
current jurisdiction among themselves in
the same district, but are subordinate rn
the higher judicial tribunals. Bth. Local
justices of the peace. 9th. Ayuntamien
tos or town councils. The powers and
functions of all these officers are fully de
fined in the laws of the country, and are
almost identical with those of the corres
ponding officers in the Atlantic and west
ern States.
In order to complete this organization
with the least possible delay, the under
signed, by virtue of the power in him vest
ed, does hereby appoint the first day of
August next, as the day for holding a spe
cial election for delegates to a general con
vention, and forfilling the offices ofjudges
of the superior court, prefects arid sub
prefects, and all vacancies in the offices
of Ist alcalde, (or judge of first instance,)
alcaldes, justices of peace and town coun
cils. The judge of the superior court and
the prefects are by the law executive ap
pointments; but being desirous that the
wishes of the people should be fully con
sulted, the governor will appoint such
persons as may receive the plurality of
votes iu their respective districts, provi
ded they are competent and eligible to
the offices. Each distiict will therefore
elect a prefect and two sub prefects, and
fill the vacancy ofthe first alcalde (or judge
of first instance) and of alcaldes.
One judge of the supreme court will be
the districts of San Diego, Los Angelos,
and Santa Barbara • one in the districts of
•San Louis Obispo and Monterey ; one in
the districts of San Jose and Francisco;
and one in the districts of Sonoma, Sacra
mento, and San Joaquim. The salaries
of the judges of the superior court, the
p.efects, and judges of first instance, are
regulated by the governor, but cannot ex
ceed for the first $4,000 per annum, for
the second $2,500, and for the third SISOO.
These salaries will be paid out ofthe civ
il fund which has been formed from the
proceeds of the customs, provided no in
structions to the contrary are received
from Washington. The law requires that
the judges of the superior court meet with
in three months after its organization, and
form a tariff ol fees for the different terri
torial courts and legal officers, including
all alcaldes, justices of the peace, sheriffs,
constables, &c.
All local alcaldees, justices of the peace
and members of town councils, elected at
the special election, will continue in office
till the Ist of January, 1850, when their
places will be supplied by the persons
who may he elected at the regular annua]
election which takes place in November,
at which the election of members to the
Teiritorial Assembly will also be held.
The federal convention for forming a
State constitution, or plan for a territorial
government, will consist of 37 delegates,
who will meet in Monterey on the Ist day
of September next. These delegates will
be chosen as follows :
The district of San Diego will elect two
delegates, of Los Angelos fonr, of Santa
Barbara two, of San Luis Obispo two, of
Monterey five, of San Jose five, of San
Francisco five, of Sonoma four, of San Jo
aquim four. Should any district think it
self entitled to a greater number of dele
gates than the above named, it may elect
supernumeraries, who on the organization
of the convention, will be admitted or not
at the pleasure of that body.
The local alcaldes and members of the
anunciameutoe, or town councils, will act
as judges and inspectors of elections. In
case there should be less than three such
judges and inspectors present at each of
the places designated on the day of elec
tion, the people will appoint some com
petent persons to fill the vacancies.
Every free male citizen of the United
States and of Upper California, 21 years
of age, and actually resident in the dis
trict where the vote is offered, will be en
titled to the right of suffrage. All citi
zens of Lower California who have been
forced to come to this territory on account
of having rendered assistance to the Amer
ican troops during the recent war with
Mexico, should also be allowed to vote in
the district where they actually reside.
Great care should be taken by the in
spectors that voles are received only from
bona fide citizens actually resident iii the
country. These judges and inspectors,
previous to entering upon the duties of
their office, should take an oath faithfully
and truly to perform these duties. The
returns should stale distinctly the number
of votes received for each candidate, be
signed by the inspectors, sealed and im
mediately transmitted to the Secretary of
State for file in his office.
The method here indicated to attain
what is desired by all, viz : a more per
fect political organization, is deemed the
most direct and safe that can be adopted
and one fully authorised by law. It is the
course advised by the President and by
the Secretaries of State and of War of the
United States, aud is calculated to avoid
the innumerable evils which must neces
sarily result from any attempt at illegal lo
cal legislation. It is therefore hoped that
it will meet the approbation of the people
of California, and that all good citizens
will unite in carrying it into execution.
Given at Monterey, California, this 3d
day of June, A. D. 1849.
B. RILEY,
Bt. Brig. Gen. U. S. A., and Governor
of California.
Official— H. W. Halleck,
Bt. Capt. and Secretary of State.
NUMBER 38.
Speeches of Judge Burnet and T. B. King,
At the meeting held in Portsmouth Square,
San Francisco, relative to the organiza
tion of a State Government.
Judge Burnett opened the meeting in a
speech of great earnestness. He was bit
ter in his denunciations of Congress. He
said he had lived long in Oregon, and
thought the wrongs and neglect by the
mother country of that territory could not
be surpassed; but they were as nothing
compared to what California had to com
plain of. But for the love we bore our
common country and glorious Union, the
people of this territory would throw off
all connection with the United States, and
they would be justified in the eyes of all
nations; for, said he, our wrongs are far
more grievous than were those of the
American colonies which caused the De
claration of Independence. They were
taxed without representation ; and rather
thati submit to it, they drew the sword
and threw away the scabbard, and fought
for liberty. But if they were not respre
sented, they wese provided by the mother
country with local governments and legal
tribunals. Here, we have none of these:
we are taxed, with: ut being represented,
and left without laws or any form of civil
government. This was no accident, but
a fixed design, persevere3 in for two ses
sions of Congress. He continued in this
strain to comment on the action or rather
the want of action on the part of Congress
for some time, and then expressed him
self in favor of a speedy meeting of the ■
convention.
(1 his gentleman is a piomlnent man in
the country, has lived a long time in Ore
gon, where he was a judge, but came here
with the gold fever, and has become a per
manent citizen, and will bold some high
position in the new State.)
Judge Burnett, at the close of his
speech, introduced to the meeting
Ihe Hon. T. Butler King, a member
of Congress from Georgia. He express
ed his thanks lor the honor conferred up
on him in calling on him to address so im
portant a meeting of the people who were
to make the solemn decision whether they
wouln sustain the movement in favor of a
State government. He complimented
the people of San Francisco on the hospi
tality they extended to him ; spoke elo
quently of the beautiful Bay before him,
which would soon have the flags of all na
tions floating upon it. He said he was
delighted with this country, about which
he had written much and thought more.
Mr. King unfortunately felt himself called
on by the severe remarks of Judge Bur
nett, in denunciation of Congress, to take
up the defence of that body, which wag
evidently not his intention when he arrived
at the meeting. He went into a history
ofthe division that now so unhappily ex
ists in the Lnited States on the slavery
question, and explained the Wilmot pro
viso. He then proceeded in an eloquent
manner to appeal to the people of Califor
nia to settle that question forever, by form
ing a State government. Said he we can
not settle it on the other side of the Rocky
Mountains—it must be settled here. The
North are as one man in favor ofthe Wil
mot proviso ; the South equally unani
mous against it. There are fifieen free
and fifteen slave States, and the vote on
the question will be equal in the Senate.
The South were willing to leave the ques-'
tion of slavery to you to settle it in your
own country in your own way ; but the
Northern members considered themselves
instructed by public sentiment to attach
the Wilmot proviso to every bill brought
forward to provide a government for this
territory. Thus Congress was paralyzed
and will be until you take the question
from their hands and settle it. With the
North it is a sentiment—with the South a
point of honor; and those of you who are
familiar with the Pilgrim Fathers who
landed on the rock at Plymouth, and the
Cavaliers who settled the South, will know
that their descendants will never give up
positions taken with such determination.
W e look to you to settle the question by
becoming a State. The people of the old
States ardently desire it. “I speak
knowingly, when I say the administration
desire it ; and from extensive intercourse
with the members of the last Congress, I
am convinced they are more anxious for
the question to be settled in this way.—
You will have no difficulty in being ad
mitted as a State. I pledge myself to it,
and I pledge the administration, and I
think I may speak equally confidently for
the next Congress. From a State Goytfrn-
BOOK AND JOB PRINTING,
Will be executed in the most approved sty A
and on the best terms, at the Office of the
SCTJTHEPsIT lOTSETJM,
-BY—
wm. b. Harrison.
metit, send on your Senators and Repre
sentatives, and theft adlnission is certain.
You need representation in that body. Im
tnense appropriations have to be made
for public purposes here. Millions of dol
lars will be readily voted by Congress for
public buildings and to improve your riv
ers and harbors. You should have advice
in these appropriations and in selecting
sites For their expenditure.” oC3j
He then commented, in a playful mood,
for some time upon Judge Burnett’s de
nunciations of Congress for passing the
bill extending the revenue laws over this
country. He said Uncle Slim had paid
twenty millions of dollars for the count* y.
He was informed by the collector that the
revenue amounted to about one hundred
thousand dollars a month, just six per
cent, upon the purchase money paid ; and
when the millions that would be paid out
in appropriations were taken into conside
ration, the government was likely to be a
loser so far as dollars and cents were con
cerned. But that did not weigh a feather
with the government. It was that great
bay, which would command the trade of
the Pacific, that caused the purchase of
the country. If the country had been a
barren waste, the government would have
paid the same to secure this harbor.
He then alluded in eloquent terms to
the mineral resources of the country, and
its future destiny—said wo would soon
have a railroad completed from the great
father of waters to this bay, that within
> ten years we would go in s'X days to St.
Louis, sleeping all the way, and in eight
to New York, and in eight minutes, in
less than ten years, vve would, through
the lightning rods, talk with our brethren
on the Atlantic ocean. He closed with a
glowing eulogy on the flag of our country,
which was hung up aloft in the squaro
where the crowd were assembled. [My
sketch of the speech of Mr. King is imper
fect from the fact that I was crowded and
unpleasantly situated for hearing and ta
king notes, but made myself more com
fortable afterwards.]
[Judge Barry, a member of the bar t
from Louisiana, attempted to amend the
resolutions by inserting Gen. Riley’s plan;
but it was defeated by a large majority.
The crowd would not listen to his re
marks, nor those of General Morse, from
the same State, in favor of Gen. Riley’s
plan, but would have one of their own.
Another Proclamation. —On the 4th
Gen. Riley issued another proclamation to
the people ofthe district of San Francisco,
from which we extract the two cheif par
agraphs :
Whereas, proof ha3 been laid before
me that a body of men, styling themselves
“the Legislative Assembly of the District
of San Francisco,” has usurped powers
which are vested only in the congress of
the United States, by making laws, crea
ting and filling offices, imposiug and col
lecting taxes, without the authority of
law and in violation of the constitution of
the United States and of the late treaty
with Mexico : Now, therefore, all persons
are warned not to countenance said ille
gal and unauthorized body, either by pay
ing taxes or by supporting or abetting
their officers.
And whereas due proof has been rccei*
ved that a person assuming the title of
sheriff, under the authority of one claim
ing to be a justice of the peace in the lown
of San Francisco, did, on the 31st of May
last, with an armed party, violently enter
the office of the Ist alcalde of the district
of San Francisco, and there forcibly take
and carry away the public records of said
district from the legs! custody aud keep
ing of said Ist alcalde : Now, therefore,
all good citizens are called upon to as
sist iu restoring said records to their law.
ful keeper and in sustaining the legally
constituted authorities.
The General then goes on to argue that
the justice of tlie peace is regularly sub
ordinate, to the alcalde, and says that the
alcalde, being the regular agent of the law,
must be sustained, notwithstanding feel
ings of dislike for the individual holding
the office. At the same time he, as ex
cutive, will always be ready to employ
legal means to correct incompotency or
maladministration.— Washington Union.
A man was boasting about his
knowledge of the world, when a wag in
company asked him if he had ever been in
Algebra. “I cannot exactly tell,” said lie,
“but I think I once passed it on the coach.’*