The Southern museum. (Macon, Ga.) 1848-1850, August 18, 1849, Image 1

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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.’*