Newspaper Page Text
;j to have shnwu smna disposition
-1,1 certain points, and nrgocintiuns,
Ijlrli will have the effect cither of re-
ir,lint? or preventing war, are said to ho,
on. Such are the strange rumours
re.
\Vu have received Brussels Papers to
» J tth instant, Amounts from Trieste,
thi! 7th state, that the Greeks have
pent an expedition from Hydra against
itonichi, and add, on the authority of
mercantile letters, that “the whole la
in 1 i f Nogropont is now in thn posses-
ion of the Greeks, and its dependent
ghhouring-isles have also declared in
their favour.” The following are ex
acts :
“ Vir.WA, May 11.
Letters worthy of credit say, that
the negociationa between the Servian
liicfs and the Pacha of BtiLaiuDi. are
broken off, and that the entrance of Tur-
l,„h troops into Servia will bo looked by
the Servians as the signal for war.
“ Oi'denaude, May 20.
Yesterday afternoon n dreadful hail
itorai ravaged the whole western part of
tli.' territory of Nockere : all hope of
di vest is destroyed. ' The hail stones
pointed and of prodigious size ;
veti t« day, sotne have been picked up
large us a pigeon’s eggs.”
Dutch Journals to the 25th irtst. have
errived this morning. The following
ore extracts :
“ Hague, May 23.
“ Ycsterd.iy" morning, at half past
St o’clock, the discharge of artillery,
ul the hoisting of the colours on the
rt pie of the great Church, announced
(lie inhabitants of this town the hap-
Ute " e Stf
SV-Y : v 9 ,..:;.
5'=;-
RECORDER.
milledgevillf,, Tuesday, jut.y 23.
iTT ^'*"’.iin1fr»!nn,1 fr«m the Newspaper*,
limitin' I'letidunl of tIfl- Ihliiud mutex mis np-
poiiitud Cuter A. Hodnry, E;q. Mmi-tv. I'leni-
put' Hilary to Buenos Ayres, Hn.l Hugh Net:on,
Esq. to Mexico. Where was Henry Ci iy, ['..•) r
Without any disparagement to the goniLincii
above named, we cannot bill remark that the
government could not have found any ittdlvl-
dunl morn distinguished, or more eminently
qualified for such an appointment. His zeal
in their cause, and his exertions in their behalf
on the Hoor if Congress, could not fail to have
impressed them with very favorable sentiments
towards him. With such strong predilections in
his favor—a man of his great abilities, could
not fail to render iuvuluable services to liis
country. , ,
try intelligence of the delivery of her
; tyul Highness the Princess of Orange
fa Prince.
“ Thi- afternoon the Kino and Prince
Ylderick arrived hrre from the Loo
London, May f?t.
n At a late hour this afternoon an express
cached town from Paris, bringing despatch-
. from Vienna, dated the fist of May. and
rom Naples of the same date. Prom Vi
urn we haven full confirmation of the im-
purlnnl fact, that the forces, of the Sublime
Porte tire evacuating the principalities of
Moldavia and H’altachiu. This main point
haring lieen satisfactorily arranged, the o-
thers will follow as a i* itter of rnorse.
rim accounts from Naples also confirm
the former rumour of a Congress being a-
it to be held at Florence. This proves
lie correct; and orders have been for
warded to the latter
ry arrangements for the immediate as
sembting of the Congress. Some Crowned
lie ids ate expected to assist in the delibe
rations.
Charleston, July 13.
LATE FROM SPAIN.
BY Iho schr. JHary-Ann, Cnpt. IltL-
turn, we yesterday received from our at-
tintive correspondent at Havana, files of
the papers of that place to the 7th inst.
inclusive.—They furni-h us with late
interesting news from 01 I Spain —
tim Madrid datescomingdown to the 2411:
f May. From the translations which
us have obtained it appears that CIVIL
WAR has again reared its Hydry-Head
in that disturbed land ; and although the
ncc.ounU would lead us to believe that
the malcontents were dispersed and dis-
troyed, it is but too evident, from the
means adopted to quell them, that they
are quite numerous ; and what is still
mare important, are acting under the
strongest of all human incentives.
[Religious Fanaticism.]
Amongst the Toasts drank at the public
dinner at Washington, on the 4th inst.
were the following : —
The nrrt President—May experience, pub
lic service, and private virtue, ho bis passport
to office, and the interest and honor of his
Country direct his measures.
The Patriots of the Revolution, who are
(tone—Memory whilst she does honor to
ttv-ir names, makds a cause to wipe a tear
for their departure ; and fame, as she re
ds the events of their day, will smile ap-
p im<e for die, deeds they have done.
The Constitution of the, United States.—•
Adopted in the spirit of fremlship Si comd-
nise, may it remain as it was received
1 an the hands of those who framed it.
The Army.—lb' it ever its glory to con-
■ . its magnanimity to exchange its mili
tary for civil pursuits.
The .Vary.—Its stripes inspire hope in
the Slave, tenor in the pirate, humiliation
in the foe, and pride in thn Freeman —may
its stars ever spangle, where humanity calls
or liberty beckons.
VOLUNTEER TOASTS.
ft]! the Secretary of Slate — The American
It nisphercs, and the Declaration of Imtc-
prudence.—A new world of matter for a
new world of mind.
Ill the Secret art) of the Treasury—'The
h leraland State governments—If in the ex
ercise of their respective powers coltissioos
arise, the wisdom of the nation will devise
th 1 means of restoring the most harmonious
Cuncert.
% the Secretary of tl'nr.—The cause in
v ii' h Warren hied, and Washington tri-
tnnphed,
liy the Secretary of the Navy—National
industry encouraged by national policy.—Of
< tending equal protection to Agriculture
Commerce and Manufactures.
ITT We this day Iny before our renders, the
defence of Mr. Itussefl, to the charges made by
Vir. Adams, upon the li tter and duplicate
letter of Mr. Has ell, furnished to the Hcpint-
tuent of State. It is well worthy of perusal.
We are happy to find vve were mistaken in
the opinion we had taken up, on reading the
remarks of Mr. Adams; that Mr. HuhscII had
carefully noted down conversations, which had
taken place between hint and his colleagues,
and transmitle I details of them to the govern
ment, for the purpii-a of serving tiis own inter,
-st. The letter appears to have been intended
by him, simply as a vindication of his own opi
nion, and was a measure warranted by the ex
ample of at least one, and a very distinguished
member of that mission. To use Mr Itnsscll'i
own words, “ the majority had, already, in their
despatch of tile 29th of December, given their
reasons for the affirmative, without taking titty
notice of the reasons on which the minority
supported the nr alive. I believed it just,
therefore, to account for my conduct, by stating
my objections to the reasons assigned by the
majority, and to those objections, my letter
was confined. I imputed to the majority, no.
thing which they Imd not ntledged for them
selves. Their ease was before the government,
on their own shewing, and I did not believe
that there was any obligation to consult them on
the rase of the minority. To the only mem
ber of the mission who had a direct interest in
that ca c, l did show, at the time, the letter
written at Paris. 1 certainly was not aware
of the propriety or etiquette of coimmmi-
eating a private or separate letter to my col
leagues, particularly Ux their private or separate
letters had not been communicated to me
In his defence, however, wr see nothing
which can justify the alterations made in (he
duplicate. That he “ wished to exhibit his
case most advantageously to tiie public,' is nut
we think, a sufficient excuse. But, while we
oannot withhold our censure from Mr KiisscU,
for those alterations, the history of the transac'
tion, as shewn hy his statement, places Mr. A
dams in a situation, vet v far from enviable.
@11 tne 17th of January, a call was made for
the correspondence, relative to the treaty of
Ghent. In consequence of an extract of a let
ter fiom Mr. Russell, a farther call was made
on the 19th of April, for his private letter, as-
signing his reasons for disagreeing with the ma
jority of hiu colleagues, on the pioposition to
grant to the British, the free navigation of the
Mississippi. This letter could not be found in
the Department of State, and an application
,ly to makn the tie- ^ {mm ^ dc()i|r(ino;lt( UlJsse „
for a copy, or duplicate of that letter. In com
pliance with that request, the paper marked
Duplicate, was then presented bv thut gentle
man. Had this been a correct trunscript, as it
purported to be, we should consider Mr. Hus
Si'll not only blameless, hut d.'-erving our
thanks. We cannot, however, hold him excus
able, although “he marked it duplicate, at the
suggestion of thegenf/nnun belonging to the De
partment of Slate." Altlio' he “ left it thus mark
ed, without giving any assurance, or even sug
gestion, that it was so."
In our view, Mr. Adams' conduct Was more
reprehensible. Eufr what purpose was the du
plicate required, and left at the office ? To be
presented, in ohcdionce to the call made, in lieu
of the letter which had been mislaid. When,
therefore, that letter was found, Mr. Adams was
certainly unjustifiable in using the duplicate,
more especially, when the discrepancy between
them was discovered. Of this, Mr. Adams
seems to have been perfectly sensible, re, there
fore, (ns no call had been made for it, tsi it could
not be communicated without one), he went
to the House himself, and made a personal ap
plication to some of the members to have one
made. For what purpose did he wish this cali
made? As we can perceive no other, wo re
fer to Mr. Hassell, who gives a decisive answer
to this question. “ My surprise was diminish-
“ ed when, on reading the remarks of Mi
“ Adams, l discovered, that they mainly owed
their existence and character to a paper, which
1 had been considered nut to be the paper cal-
I led for, and which had been obtruded on the
• House, after my departure, at the special
" instance of Mr. Adams himself, and to ultord
" him an opportunity of giving another spe-
" cimen of his taste and temper to the public.
“Mr. Adams, 011 the Oth of May, the very
II next day after my departure from Washington,
“ went to the House of Representatives, and
“ there, in person, sought for a member who
“ would consent to make the call whleh wa
“ neoassary for the official publication of bis
“ personal remarks. To one member from
“ Massachusetts, at least, he had applied in
“ vain, before he dually succeeded in his ob-
“ ject. h would seem lhat ihu evidence fur
“ nished by these facts ought to have been suf-
“ ficiebt, at least, to deter him from accusing
“others of “a wanton promulgation hofo.e
“ the legislative assembly of the nation.”
With the abase which has been lavished
Mr. Hussell by Mr. Adauis, the public has no
thing to do. They are, however, deeply into
tested iu the subject matter which gave rise tc
the private letter ot Mr. Uus -ell and the remarks
of Mr. Adams, in the argument, Mr. Hussell
has clearly and decidedly the advantage, and
atisfuctorily proved, that the proposition to
grant to the British, the navigation of that river,
into the very heart of our couulry was wrong ;
and the correspondence between those geutle-
11, has unequivocally proved, that Mr. Adams
was willing, nay, anxious to make tiiat grant as
an equivalent for Lite fishing pi ivilege. We can
not but consider it fortunate, extremely fortu
nate for us, that the British Commissioners
thought too little uftliat grunt, to receive it as an
equivalent.
This question is one of deep interest to the
the t'nilcd Slates, at least, to tbe South and
West—and the people of those states should re
joice, that they are not kept in ignorance of Mr.
Adams' opinions on tlir.t subject. They should
rejoice with Mr, Russell, “ if in directing the
infirmities ofbis,(Mr. Adams ) tcmpoi, against
him (Mr. Hussell), they shall have been divert
ed from a course, in which they might have
been disastrous to the country."
t P ink of the Untied Slates.—This institu-
b'a h is divided tw’d and a quarler per cent
fur the lust six months.
Mr. Clieves has • announced his intention
cf retiring from the- office of President at
tv expiration of the present year. Mr.
Gal Intiu is spoken of as his successor.
Mr. William II. CaAWroan, Secretary
of the Treasury, and his family, yesterday,
si t out on a visit to'tiis residence at Lexing
Inn, in Georgia. The health of Mr. CraW-
T irp, which, we learn, suffered severely
fmin thn attacks offerer last fall, is not yet
restored.—It is thought that the* present
version, and a temporary relaxation from
liis official duties, may contribute to the de
sirable object of his entire recovery.
DIt.li —At lrentort, M.J.iuthe lilty-thuo
year of his age, on thf 21 instant, Col. JAMES
JOHNSTON, a native of this stale, ntid f it the
last forty two years a most respectable inhabi-
f »nt of Savatuiulj.
INDIAN SPOILATIONS.
We have understood lhat money has
been transmitted to the Governor of this
State from the General Government, to pay
off the claims allowed by Gov. Preston for
Indian spoliations and property lost by the
inhabitants of this state, which were provid
ed lor iu the late treaty with the Indians.
P'y a * We are happy we have it in our pow
er to state, that crops both of Corn and Cot
ton in ttiis part of the state, are uncommonly
fine. Should the season continue, our citi
zens have a fair prospect of plenty the en
suing year, and discnlhralment from their
pecuniary embarrassments.
It is matter of no less gratification to us,
that vve can also bear testimony to the good
health of tiie inhabitants of this place. A
few more such years as this, and those ivi
nave lately had, and Milledgeville will have
redeemed herself from the imputation ofun-
( healthfulness heretofore imputed to her.
rOR THE SOUTHERN RECORDER.
No. T.
The writers design—A brief dissertation on
Penal Law.
Thnise who write for political improvement
in a country where the people are to judge,
will give their essays to the news-papers, as
the best medium through which to receive a
general publicity or circulation. These
prints find a loader in every cabin, w hilst
books or pamphlets uit political subjects are
purchased or reail by, comparatively, a small
number of people. If I have tin additional
reason for employing tile news-papers, it is
the expectation that tny essays w ill prove
not worthy to have imposed the expense ol
publication in a bonk.
It has appeared to me, that by the interest
excited upon the question, in regard to the
merits of the penal system of this state, the
people of Georgia have given an invitation to
some citizen to make haste, at this season,
with a public examination of the mibji
As it seems accepted by no one else, I ad-
ranee with pleasure, though, my success,
with uny benefit to (lie slate, or credit to the
name of Tubcro, will depend upon talents
very feeble.
I propose, after describing the nature and
effects of Penitentiary punishment, to draw
a conclusion on the propriety, or otherwise,
of supporting this institution :—then, I shall
give our penal coda a critical examination,
and offer corrections, or an entire substitute.
But, introductory to this labor, I esteem it
well to devote the present number to a brief
dissertation on penal law, inasmuch as I dis
cover mistaken notions on this general sub
ject are too prevalent, not to threaten the o
pinions I shall support on the above partieu
lar subject, with less value before the public,
Ilian they may deserve.
TUB DISSERTATION.
The Omniscient author of the universe,
w ho created in man a gregarious temper, or
dained as a part of the system of that uni
verse, tile existence of penal laws in social
constitutions, when he ordained that infer!
only in human nature which renders it im
possible, that under the sagest government,
the most virtuous nation cun he without peo
ple of wicked disposition. Were penal laws
abolished, even in this most righteous coun
try. such is their indispensahleness as a part
of the social frame, that anarchy would in
stantly ensue : those wicked people would
raiso their heads in the pride of imagined
innocence, or at least, with the insolence of
impunity, and invade the rights of correct
men, who would have no other means of dc
fence than their valor, and being obliged to
exert Ihis, produce disorder. In this view
penal laws appear in the light of their grea
importance, which seems diminished, per
haps, tho’ it is not, when we say they are to
the social system, what the implements of
surgery are to the individual human body
rving only to cut off rotten members, and
check ulcers from bursting into mortificati
ons, or serving only to destroy and intitni
dato villains, but by no means to bring them
tfl real honesty, or increase real virtue in a
nation, as some politicians erroneously sup
poso.
It amounts to what xvo have intended to
convey, when we observe that those law
have no oilier design than to contribute to so
cial security, and this only, to that extent
which would, as a vacuity, lie left by other
institutions, in spite of their excellence and
wise application. With any other desig
penal laws would have become an uiineci
sarv scourge, and unworthily ordained hy
an all-wise and benificent God. Now, for
tile performance of their real design, they
must, of course, rely upon certain affections
of llie vicious mind, which, on all the num
berless occasions of obnoxiousness have ielt
that reliance abortive by their having been
overcome by affections more powerful ; blit
on all the more numerous occasions of inti
midatiun or prevention, they have, kept it
good. These affections are vulgarly thrown
together under the head of timidity, which
we say is all that keeps the thief from steal
ing, nr tlic criminal in mind from becoming
obnoxious or criminal in act :—but timidity
is not the only one, or penal laws would bo.
less efficacious than they are. It is, indeed,
an universal affection, being weaker or strong
er in every mind; but it is nevertheless, in
that regard, xvitli other affections, rather
likely to be most feeble. It cannot well
he trusted singly to resist formidable pas
sions, like avarice, ambition, revenge, In-
civiousness, Sic. fee.: that must oppose
it when the thief, the. usurper, the mur
derer, tilt! ravishcr, fee. fee. would become
obnoxious. We know the facility with which,
under the view of any man of common ob
servation, timidity lias been diminished or
courage increased in any instance, or with
iny individual. We consider that it must
have a powerful auxiliary in the affection cal
led vanity—a strong and very general affec
tion, which, however, lias, in truth, a rival in
timidity, tlm’ it often blooms in rashness.—
Vanity consists in that extravagant desire
for worldly praise or admiration, that induc
es men of had principles to torture their pro
pensities, in order to carry a fair outward
appearance: they are permitted by it to
commit crimps in secret, that would put
them in confusion or misery if publicly
known. Now, when a rogue both vain and
timid is counselled hy his avarice to pick a
man’s pocket, if this avarice should prove
triumphant, I imagine timidity would be
subdued before vanity would give up the
contest: tho’ they might yield well nigh to
gether, as timidity must loose sight of the
danger of punishment, and vanity would, at
the same time, loose sight of the danger of
detection. But of two rogues, the one ti
mid,and the other vain, I imagine the form
er would be the first to become obnoxious,
as the latter would have the strongest pre
ventive passion, for vanity is not alone, but
has timidity always with it; hut timidity
may be unconnected in tile mind w ith vani
ty. So, if vanity and timidity were vices a-
like in universality, the reliance of penal law
would he greatest on the former; but they
are not so, timidity is tile most universal.—
Now, we have gone quite far enough with
this analysis to suit our purpose—Then, the
reader discerns that all those vain or lirriid
villains who are prevented by penal law from
becoming obnoxious, may he called what ?
not so many honest men saved to society,
but so many offenders lost to tbe gallows—
They arc detered from outraging their nrlgh-
Imrx. but their principles are nut changed ;
for there is nothing more in penal law to liax e
charmed them, than it contained to prevent
them fvOtn ever having been imbibed. But
why it it expected that penal law should
^'vc men upright principles, or produce, in
other words, real virtue in society, when it
is seen, that it lias to rely upon tile existence
of vice for all its utility? Remove certain
vices from tin! human mind, and penal law
would labor in vain, even to produce that
share of social security w hich it now renders.
It makes use of vanity and cowardice to pre
vent theft, fee. and whilst it cannot dispense
w ith those vices, it does not purify the mind
from others, but only keeps them in cheek,
or from rendering the possessor obnoxious.
Will it ho said, vanity and timidity are small
vices in comparison with those that hy llieir
agi ney it checks ? Yet, 1 deny this compa
rative diminutivenesx—it may be somewhat
admissible if we bat e regard only to a single
individual, but there are no worse vices as
national ones—Timidity exposes a nation to
member India and other climes. Vanity in
vites a nation to conquest, spills its blond e-
lernally, and never fails to give its enemies
the advantage in any lasting struggle—for
the valor of such a nation is fictitious or evan
escent, it is rashness. Remember Fi ance—
anily is a characteristic of ihis nation,
whose eternal thirst for the admiration of
tlm world, lias given her an eternal itch for
war, which she lias eternally commenced,
and perhaps, for a little w idle continued with
such prodigious exploits, ns carried the face
if rashness, ami forever resulted, from the
cool valor of her foes, in her own dishonor.
We would now attend to the discussion of
111 important Vpji'slioti under the head of our
subject. A question, the investigation of
whies, must lie pleasing to the euriaua mind,
would lie in tbe most virtuous state, tho’we
have shewn they cannot produce it in llnx:
!fsuch,as they believe, was tbe inlluetice of
pemil laws, wny lias it not resisted the pro
gress of vice, and prevented the ruin ol na
tions ? or why does it permit the acknow
ledged fact, ol tile increase of crime in not
own days, whilst ive arc watijiing with that
institution to increase virtue ? The truth is,
ciime rises from its indigenous root in a na
tion w ithout a compurtitivc check from pe
nal law, and it rises ever from misgovt rn-
incnt, from the neglect of righteous institu
tions, or is fostered by some impious policy,
blind to the true source of national grandeur,
or by some impious means hi nourishing the
vilest passions,of the human mind, partieu
larly avarice, the sacred thirst of gold.—
Commerce is the divinity lhat pours it out
in these limes, and has votaries who call up
on her without any sort of need: like sheep,
they run from a clear pool where they might
drink delightfully lo themselves, Imt choose
rather to drink w ith the multitude at a pud
dle. To this commerce, ihis grovelling per-
onlempt, to conquest and to bondage—re- lid I otia fiend, more men have been offered
upon the gallows, than would be necessary
to furnish tonnagr for the freighting of her
countless ships. Yet we pursue our devoti
on, and ridh olnosly call upon punishment to
deliver us from crime, whilst it is fertelising
our fields with blood, and drenching our ha
bitations with tears.
Our next view of Ibis interesting subject,
must be in the light of the utility of a penal
code, arising from its adaptation to the cha-
l itcler of Ihu people. The same code that
would he sufficiently nr moat powerful with
one people, would excite the contempt of
another—A code in the spirit of that Lucri-
ari statute was probably tile best for the Lo
cri.ins ; but such a code in l liesc limes, would
avail with no people on earth. Instead of r
crown made with a vegetable, the most of
tho’it is one hy 110 means difficult, fe yet, I am them require one of red hot iron. I11 a
ipt to believe it is one. erroneously decided
in the opinion of many. It is, whether pe
nal laws are most beneficial in the virtuous
or in the corrupt nation. Of course, they
are less labor iiuts in the former. But in this,
ot: that account, public punishments are
more terrible ; for it is a trait of the mind
to diminish the awfulness of objects as they
become familiar. In this healthy stale, the
ignominy of public punishment is so pro
found arid malignant, that the obnoxious w ill
iflen employ suicide to deliver them, as far
as it may, and tlie horrid infection spreads a
hideous reproach throughout their kindred.
Butin the corrupt state, vicious feelings are
so universal, and the frequency of public
punishment, so great, tiiat there is a general
sympathy for the victim, no reproach for his
kindred, and small terror in his doom.—
There have been such virtuous, fe are such
vicious nations as those to whom we allude,
tVn are told of the Loerians, whose le
gislator was Zalettcus, and who were, hy
some philosophers, esteemed more virtuous
Ilian the Spartans ; that among them, with
whom the punishment for perjury was a
crown made of .1 certain plant which was to
decorate the offender in public—suicide was
frequently a deliverer from even this punish
ment. Such is the pride even of a villain,
in a well governed country. In Sparta, the
ignominy that enveloped tile most trilling ■
offence, was so terrible, that the brave relics
of Thermopylae were scorned to despair and
death, for the ignominy they incurred by ne
glecting to die with their companions. In
Rome, Virginius, a centurian of plebean
rank, with his own arm, stabbed to tbe heart,
liis innocent, beauteous, fe beloved daughter
to redeem her from an ignominy, imperious
ly ordained by detested Judges. Tne skil
ful reader will infer from these remarks, as
we are not supplied with any more in point,
bow great must have been tbe ignominy that
involved a common malefactor in these two
last countries. Now, for the vicious nation,
we may call upon our particular friends, the
English, French, Spaniards, or Italians, fee.
fee. In the tivo former, kings have conde
scended to he dragged to public execution ;
and there is scarce an instance among the
many nobles and men of high rank who have
been doomed to public punishment, of one
sufficiently noble to deliver himself by pre
vious death. L“t it not be said the Christi
an faith deterred them—for this should, if
they had any regard for it, have deterred
them from ob,noxiousness or obnoxious feel
ing. But such a declaration, would be a li
bel upon our holy religion, which no more
forbids suicide on a reasonable occasion, than
it does the killing of a thief or of an enemy
in war. i know the wrong iinpressiontsa-
broad, but it is with men who will not study
tile scriptures, or with degenerate ones who
distort those heavenly writings to fabricate
a sanction for their own pusallanimity, or
want of generous and noble sentiment.—
Such wicked impressions, on which, people
relying, without taking the trouble or plea
sure to examine for themselves, have made
enemies to our faith, of many righteous men,
and among these, from that same cause, ex
cellent authors who have, therefore, absurd
ly enough, pronounced it the foe of human
excellence, a barrier to tile possibility of
good government. It is time to leave this
unavoidable digression, and returning to our
subject, observe, that the ignominy or all
terrors of public punishment are so contemp
tible in either ol those detested or diabolical
countries, that nothing is more certain, than
the picking of pockets in the crowd about a
court, whilst some are receiving sentence for
stealing. However, Japan may be some
what worse, us in this nation, nothin;; is
more certain than the picking of pockets in
the crowd at an execution, tho’ public pun
ishments are more frequent among the Ja
panese, and their penal laws, all otherwise
more ferocious titan among any other peo
ple. In Ireland, where tbe people couple-
gate, well nigli as often lo witness an execu
tion, as they do to hear a sermon, without
loosing an opportunity for the latter, bang
ing is considered as no more than dying ; it
lias not ignominy enough to make a differ
ence. Characteristic of this, an Irishman L
represented in chains the night before his
execution, replying to a just charge of cheat
ing in a farewell game at cards with bis
friends, by saying, “ you know I’m in dis
tress, or I would npt lake it.” Bure distress!
no more than he would have felt at tile ap
proach of an honorable death. Poor In
land! Now, we have said quite enough to
permit our attempt at a conclusion. Docs
tiie reader not descern lhat penal laws are
most beneficial in the virtuous country ?—
herein, of course, they prevent in propoi li
on, a greater number from becoming obnox
ious, than in the corrupt country—and it is,
too, more important or more beneficial lo
the former to cut otf its few villains, fe check
obnoxiousness, than it can be lo the latter to
slaughter its myriads, und vainly endeavor
to check the fixed and wide spread evil. —
What remark may be drawn from this argu
ment against the opinion, of those who es
teem penal laws productive of real virtue?
Du they not see that crime is increased, ra
ther than diminished by tiie frequency of
their exercise ; and w e shew that their best
chance for the production of real virtue
THE SUBSCRIBERS
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All of which ho y will sell very low for cash.
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July 22. 24—tf.
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A*'
91
luons country, where it is the ignominy of
public punishment that most appals penal
laws, may be best with tenderness, in re-
ard to bodily pain—but in a corrupt coun
try, where the former lias little terror, those
laws are best which try lo supply the diffn i
nry with bodily pain. Every nation, whe
ther virtuous or corrupt, has certain prejudi
ces in regard to patticulur modes of punish
ment, and according as its penal code lias
taken advantage of these, it will be more or
less useful. In France, decapitation is a
more useful mode ofexccution, than itwould
prove in England, until some time after its
adoption,because ihe prejudice against it is
strongest in tbe former country. This aris
es from its being in Franci—the mod, of ex
ecution for offenders of aii classes, w hilst in
England, it is tiie peculiar privilege of the
nobles, as banging is that of the commoners.
Whether this distinction in England arose
from ingenuity, nr from the prejudice of oio-
narchicui temper, vve must still remark, its
title to approbation. Tile ignominy of any
mode of punishment in any country, will be
diminished in the estimation of common
people or common offenders, when it is the
same mode by which distinguished people
are made to suffer as well as themselves, and
the ignominy of banging in England is great
er on account of its never involving the no-
Iill's. If a people have any peculiar preju
dice more prominent than tile rest,great ad
ullage may be taken oftliis to the utility ol
penal law, as if they be timed, and this
prejudice be against death, a suitable code
will make death a frequent penally—on the
contrary, if intrepid, those punishment
which arc esteemed most mean or inimiliat-
md likely lo inflict degradation on th
offender for a long life, may be most frequent.
However, in a general way, the rule fi
draw ing a penal code, is carefully to allot to
each offence, the degree of punishment,
which, according to the unbiased judgment
and ingenious faculty of tiie legislator, is
nearest a proper measure fur its turpitude.—
In this, he will not fail, if a sound moralist—
lie will know how to discriminate between
the different degrees of remoteness from vir
tue, or virtuous affection apparent in offences,
and between the natures of the wicked pas
sions that prompt thereto—uribiassi d as I
said, lie will neither incline too much to gen
tleness or too much to severity, tho’, if an
inclination to either should seize him, it vvii!
be most fortunate if to the latter, inasmuch
as It will be b-'st for the community at large,
unless this inclination should be so great a-
to diminish the certainty of enforcement to
his statutes—as for instance, if lie were to or.
der to death to a lady for playing cards, the
statute would contain its own abrogation, in-
stead of enforcement : though it might b,
tfoiced, if he should order her twelve
months at hard labor in tbe Fonitentinry.
whilst tbe proper punishment would be shut
mg her head. Finally; he will, of course, hav.
a regard to the form of government, and de
cree nothing in conflict with its principles.
I will remark, a nevet disputed truth, and
draw to a conclusion- A virtuous peopl
will receive a wise code, if even it is in con
flict in some cases with their improper pre
judices. Such a people have no need ul a
master. A corrupt people will receive w t i
their consent no u iso code, or any tiiat is not
an emblem of their own villainy, and there is
no possibility of their dispensing with a mas
ter, in order to their having a wise one, or
tiie best government that their nature w ill al
low.
In regard to our country, I must say, it has
corruption enough to distress every man of
patriotic feeling, capable of discerning it —
But it is nut yet unworthy of the right ol
papular government, neither is it beyond
the reach of redemption from farther c n
ruption—it is the last unblighted flower n
the social field, and blooms amid tile putrid
waste, to dispel or soften the steru anger of
philosophic philanthropliy, and be the lone
hjeet of all Iho pride and hope of every lio-
91|| inst. h,eluding the following lints
“ Escaped from my eusludy, a Air. .Myers, at
tached to the Theatrical Corps," 4-c. Uc. and
signed “ F. Banford, Jailor." This is n- rieti-
eiWoijs as it is false—Mr. Sanford neverciin, in
truth •«) , that 1 was in bis custody—He, unso
licited, offered 1 o become my security until tl a
following day, but an half hour alter that, (
was discharged, not from bis cu-tody, bat from
Mr. btovall's, which that gentleman has de
clared to my friends to be true. As for Mr.
Sanford, he is beneath my notice. It lie thinks
lie has done mean injury,! can inform him,ha
is mistaken—foi ire is well enough known, n it
to be believed, particularly iu bis advc: tisc-
ment again-t me.
IJA\ ID MYERS, Professor of Music.
July 20. 'lt»
PtiJlu iH county.
( ' KOHGI \.
jr w,
nr.KEAS Patience trice appl e f ■ t• < ra
of administration on the in Mi.. , ;!i
Wilson, wife of John \v ilaon, late of the u
y aforesaid, deceased;
And, whereas Marcus H. Huson and Robert
AlcCoiuts. applies for letters of administration
on the estate of Thom us Hu soil, late of tiie coun
ty aforesaid deceased;
These are therefore to cite and admonish all
and singular the kindred and creditors of said
deceased, to be and appear at my office will u
I lie time prescribed hy law, and shew cause, if
any they have, w hy mc I letters should not he
granted Given under uiy baud and seal, Uup
22d day of July, lfc>22
THOMAS H. KF.NA.N, Clk.
ttUtvitW mvVvi.
W r ILL iJL solD on Lie tirsi rue&dny in
August next, vN.itiiM the uauul hours.uf
sale, h( the (.ourt-noiiM-. in tiwi town ot Al«#nti-
<’oI!d, Ja.-jjer couuty, the following propei t) , lu
Wit:
One lloiitso uu i Lot,
in tiu* town of Montictllo, Ja-per c nnl\, it bc-
■ H4 |mrt of Lot JNo. iv containing 3ft feet iu
front orul 5U feet back, adjoining Stovall and
Grant—levied on tbe property of Georgi W.
Henry, to >nflsty three It las in favor of Mat*
tliew Whitfield re. George \V Homy and .Mc
Carty and Henry—levy made ami returned to
me by John MeMichacI, Constable. Property
pointed out by George W. Henry. Conditions
Caob.
MILIUM II. PRITCHETT, SI. iT.
f o 99. t ds #
V WILL lii. SOLD, oil ibe first luesduy i
? r August nt nt, in tbe town of Dubli ,
Laurens county, between the muni hours oi
sale, tbe following property, to wit :
One negro man named Ben, 22 years of age*
one boy named Charles, lour years old, 11.nry,
three years old, Tilmon, one >ea'’ old, Liuniy,
22 years old, Charlotte, 28 years old, Maiiuda,
a girl, five years old—al-o Hh.) acre- •! ia- d,
part of Lot No. 170, with a considerable im
provement on it, a good dwelling house aud o-
timr buildings; one lot of land, No. Ifil, also,
101 1-4 acres, No. 171, all lying on Kooky
creek ; one Lot lying on Boggy brunch, \\ it fi a
small iinjM'ovcment, Number not recollected,
all lying iu the 18th district, originally Mdki -
*-on, now Lauren- county all taken as the pro-
pert) of Bei jainin Smith, dec d, to sati fy two
li fa* in favor of \ Low 6* C ». and others
Abo—One Lot in the town of Dublin, lying
on Laurens nud .Madison Mreels No loU,
.ikon the property ot John Mcttuin, dec’d,
ii favor of J xV. J. Guyton
Abo—One. lot or square of land, No. ‘J4, ly
ing in tbe 2d district originally \\ ilkimon, now
Laurens county, taken a> the property of Mas
sey .M Copeland, to satisfy a fi fa in favor of
James T. Neele.
Abo—One grey horse, taken as the proper
ty of McCuller* Kirkland, to satisfy a b fa in
favor of Patrick .1 Hoy, deed.
Also—Si\ Lots in tbe town of Dublin, Nos.
153, 162, 163, 161, and 165, all I) ing on Ma
dison street—also, one lot of bind No. 171, in
the first distiictoriginally Wilkinson, now Lau
rens couuty, one lot in Dublin, No. 28, lying
on (iaines street, and 275 bushels ’•alt, one half
of a Boat—all taken as the property of Henry
C. Fuqua, to satisfy a fi fa iu favor of Andrew
Low Co.
Also—One house where tbe I\» c t Office ij
now kept, taken as tbe property »>f \Y It Cole
man, to satisfy a fi lain favor of \ Lo \*
V KlNpHEN, b.i’ff.
June 28.
ILL |Tk Sold, on Tlm first Til.-.-".my in
September next, in tbe town of Dublin?
Laurens county, between the imiuI hours of
YY
•ale, the following property,to wit
3o 12 acres of land lying on Turky creek,
levied on as tbe property ot David Spier, lor
bis tax due for tbe year lr>2M, or so much there
of as will make the sum of.>' 2 50 cents
Also—860 3-4 acres of land, or *o much there*
of as will make the sum of $ 16 29 cents, taken
nt/st man. May'tho soul, oi our fathers in V ! “ e prupertyjof Isaac Roberxon, for bis tu*
IK I.„, „r hit., annnlif-siti! nn nll-im-rri. <iue for the year 1820.
Al-n—809 acre, of land, taken a« the proper-,
ty of William H Roberson, for bis tax flue for
the year 1820.
Also—One square of lanil, taken as the pro.,
perty of Jonathan Miller, for Ilia tax due for
the yearI82U
Also—1215 acres of land, taken a, the pro-,
perty of Rohe rt Northern, dec’ll,for hi- tax duo
for the year 182U. I", KINCHEN, Sh lf.
Hit: realms of bliss, supplicate an ull-merci
ful Di ity to invigorate ami preserve the re
publican ' irtues of their sons, that they may
adopt and cherish tiie means of lon« durati
on to the asylum of human dignity and hap
piness.
The render, I trust, will draw upon tin
subject of penal law, some further know
ledge, in addition to the very little- presented
in tliis essay, from my observations when w
reach the designed examination of the penal
code of Ihis state, and those w hich ive sh»::
make iti support of a codo in substitute l.
this, if, as is more than probable, we shall
have to propose such an one. Foreseeing
this, I have hurried through this dissertation
and must acknowledge it has a right to ap
pear very imperfect, from this cause, as well
,is from the poor capacity of fen humble citi
zen. TUHP.HO.
Masonic Notice.
A rit. JOSEPH RUSSELL, member of Bene-
IT 1. volent Lodge, No. 9, late of this place, wil
take notice, that charges have been prcferrei
against him for unmasonic conduct, fe that tin
Lodge w ill net upon them on the first Salurdn .
in September next.
Wm C. REDDING, Sec ry.
MtUedgevilie, 22d July, 1824, 2+-
KD
a went) -
Loll urs Bo ward.
R
ana wa \ on th morw
ing of the 5th inst.
a negro slave belonging to
tbe subscriber* named
S A M.
Ir took away \n iib him a pair of morocco boots
ipnrly new, and.two linen shirts muiked with
he subscribers name Ho bad on u bomba-
'me coat and pantaloons, and a half worn bea-
er hat. He is of a dark complexion) and u-
>out 5 feet 7 inches high, well made, and a-
» nit28 yeais old He will probably make for
Savannah. The above reward and alt n u una
ble expenses will be paid for bis di livery to the
-ub-criber »*t .Milledgeville, <»r upoi. bis being
lodged iu any jail iu the state.
SAMUEL ROCKWELL
July 7. 24-<f