Newspaper Page Text
To nut,l'price tiie Clerk oT tlio Biiponoi*
our t of j,ovvmios county to’trHiistlrihe’thfj
fororils u.f court, and to teguli’zu the
J *To itioriruni’nie the Methodist Rplocop.il
Ciiiir<’li ill the town of .l.idtsonshoio’.
To mnend the ndilitionitl oath required
|iv law to. be taken by all oflieers, civil and
niilitury,’to prevent the oflenco of duel
ling. . _
To n'tfljdris'! the Justires of the Inferi
—courts cf lfatntork, Elite rt, Riehtnond,
irnl Burk" counties, to provide ami estuh-
|i.-li A«.‘)’iutB* .for tliu invalid poor t>r said
tot. •|tir' i ., 1.,,
To /dirt the 3d, 7th, nud 12th aeetionrtw
the 1st er'ii'lo, mid the 1st nud 3d sectiotis
of the dil nrtiele of the Constitution of
tjii*State-—Veas 100 -Nays 12.
To incorporate all religious denominn-
tlni's in tins .State, and exempt from taxn-
(imi tdl .Jumis whereon Churches are or
n,nv lie Creeled.
BILLS REJECTED.
T.) enable l 1 . L. Sims and T. H. Tfenan to
cpiiyletc tlie records of Hancock and Baldwin
ruipetior courts.
In incorporate the Rank of Columbus—Yeas
6H—iN'r.y«
To authorise the appointment nf f'nmtnission-
n, take. acknow ledgtueut* of deeds, <ac. in o-
thcr States.,
’To exempt from tlie lien or operation of Jitilg-
U i,-:its, cotton and all other agricultural pro-
duets sold and paid for in the regular course or
(lumnel of trade in all cities, towns, Sic. and to
prniect the purchasers thereof in certain cases.
J o Hiuhorise and require executors only, who
have qualified, to be made parties to suits in law
or equity, in the courts of this State.
To provide for the improvement of the public
rcin'li ip this fume--Yeas 5H—Tiny* 62
The House pmk up the reconsidered bill for
changing the manner of punishing convicts in
the Penitentiary, .nnd for the heller regulation
of the sonic—also for adding to, and amending
the For.itcntinry building, and appropriating
money for Hint purpose.
Mr. U tter moved to lay said bill on the table
fir the remainder of the session—upon which
motion the Yeas were 51—Nays 58.
The first section being then read, mnking an
appropriation to carry into effect the object of
the hill,' Mr; Sturgis moved to strike out said
section,'which muliou prevailed—Yeas 67—
JNays fid.
The first sectiori having hern stricken out, said
bill was-then ordered to he laid on the table for
Ihc remainder of the session.
stcror&rr,
FATUROAY, DECEMBER 2(1, 1828.
A strong I’rotcsi nga ill,I the Tariff net lias
passed both branches of the General Assembly.
The Legislature is on the eve of Adjourning,
and the-session will terminate in a day or two,
if it docs not close this evening.
On Monday last tlie Governor communicated
to the Legislature, the .following letter from
Judge Shorter, resigning the office of Judge, to
which he had been recently elected :
Eatonton, 12th Dec. 1I52!5.
Sir.—Painful and peculiar circumstances, not
necessary to lie here paiticul irly enumerated, have
induced many to believe that mv election o the
office of Judge of the Superior Courts of the (>c-
niulgee Circuit, was fflieted by the use of iinlan
and unpro|«‘t menus. I am un willing to hold i Ins
or anv other office, .under such an inipu’alioii;
and, therefore, in jusiitfe to myself and my friends,
r n»w, through you, resign the office into ihc hands
of those who bestowed it Upon me
Respectfully ike.
(Signed) ELf a. SHORTER.
Ili« Excellency Joint Forsyth, Miiledgeville.
On Tho.rtlay the two.branches of the I.ecisla-
ture proceeded by joint ballot to the election of
a Judge ofthe Octutilgee Circuit, when Thomas
W. Colin was elfectt'd.
1st Ballot
2d Rallo.*.
Cobb,
9R
Cobb,
105
Snff.dd,
fit
Safi’old,
88
Rockwell,
21
Rockwell,
4
Shorter,
14
Shorter,
6
Scattering,
4
On Thursday last, the following gentlemen
we:e elected by tlie Legislature Bank Directors
on the part of the Slate, viz :
For the State Hank—Win. B. Bulloch, Mor-
decai Myers, George Schley, and Abraham If.
Fannin.
Planter's Rank—John H. Morel Si Elias Fort.
Bank of Darien—Janies Troup, Philip R.
Young, William Frazier, James Duuwoody,
and Anson Kimberly.
On the 10th inst. the I louse of Representatives
of the U. States refused to consider, by a vote of
122 to 81; a resolution offered by Mr. Weems of
Maryland, on tlie subject of the Tariff. The
Washington papers are doubtless correct in
viewing tnis vote as a strong indication, that a
large majority of the House have set their fuces
against taking up the farin' question at the pre
sent session of Congress.
. CHEROKEE LANDS.
Thti following Report him! resolutions,
laiil on the table of the House of Repre
sentatives by M>. 1VEttsoN,ontlie 12thinst.
have been subsequently ugreed to in both
brandies:
The Committee to whom wns referred
the resolution directing thorn to enquire
whether the Clierokees are now in pos
session of nny land formerly the projrerty
of the Creeks, nut I ceiled by them to the
United States for tlio use of Georgia, have
had the game under consideration, and beg
leave to Report :
That by an examination of the Treaty
held and concluded on the 22d March,
1818, between the United Stntesand the
Creek-tribe of Indians, it-w hereby ascer
tained, that 8aitl tribe eetled to the whites
a certain tract of country lying'withiii cer
tain boundaries designated by said treaty
the northern part of which was a liue run
ning from Suwanna old town, on the
Chutahoochie, to the head of the Appala-
chee River. By reference to the treaty of
the 8th July, 1817, between the Cliero-
kees & the General Government, it is also
ascertained, that, said tribe ceded, by said
treaty, a portion of their lands lying north
of saul line and east of tlie Chatahoocbie.
From which it would clearly appear, that
as late fla 1818, the Suwanna old town on
the Chatahoocbie was the point on said Ri
ver to which the boundaries of the,Creeks
and Clierokees extended. The one hav
ing ceded lands north, and the otlior south
of that point. By reference to the other
treaties with said tribe, entered into by the
United States, it appears that the mouth
of Will’s Creek on the Coosa River, was
the established point of boundary between
said tribes on that river. The most ration
al conclusion from these facts is, that the
established boundary, between said tribes
West of the Chatahoocbie was a line con
necting the two points above designa
ted, viz: the Suwanna old,town, on the
Chaiahoochie, and the mouth of Wills
Creek, on the Coosa River. In confirma
tion of this conclusion, your committee
have received information from Gen- D.
P | Mitchell, former. Creek Agent, that a
boundary had been estalilisliod between
caul- tribes' running from Stnvnunn o|d
town as aforesaid, immediately acmes to
the Hightower River at a place culled
.Sixes old town—thence down enid river
to the month of Will’s Creek t that such
boundary was agreed upon and establish-
rii between pqbl tribes, by n convention or
'renly held many years agn, to which the
Utilted States wns a party, nnd which was
ratified and recognized by the General
Government as tlm permanent boundary
line between said tribes. Your commit-
teu are confident, from all the information
which they have received, that the fact is
susceptible of proof’, not only from the re
port made to the General Government by.
Colonel Hawkins, formerly Indian agent,
but by the testimony of living witnesses,
that such wns the established boundary of
slid tribes between said rivers, Coosa and
Cliainhoocliie, and the only one ever re-
cognized' and ratified by the Government
of (lie United States.
Your committee ore aware of the fact
that by a subsequent agreement or conven
tion between said tribes, in 1821, another,
and a different boundary was attempted to
be established, running from the Buzzard
Roost on the Cliatnhoncliie in a straight
line to tlm mouth of Will’s Creek- But
this lino was ngreed upon nnd run by the
Indians themselves without the assent of
authority of the General Government.—
The United States was no party to such n-
greenicnt, imr have your committee un
derstood that it has been recognized or ra
tified by the general government. It is
therefore void. The Creek tribe had no
right, according to the Constitution of the
United States, and laws of Congress, to
cede any portion of itH territory to the
Clierokees, hy nny arrangement, treaty or
negociution, to which the United States
wns not a party.
The convention of 1821 between said
tribes being tints clearly and tmquestionn-
ably null and void, tlie whole of the terri
tory lying south of the long oBtnbliahed
nnd permanent boundary between said
tribes, first above described, east of the
Alabama line, is now the rightful proper
ty of Georgia ; for by the treaty of 15th
November, 1827, made liy the Creeks with
the United States, all the lands owned or
claimed hy the Creek Nation of Indians,
not heretofore ceded, and which, on actu
al survey, should he found to he within the
chartered limits of Georgia, were ceded to
the United States for the use of Georgia.
It is a fact admitted on all hands, and well
ascertained, that the territory thus descri
bed does lie within the chartered limits of
Georgia.
Under these considerations, nnd with
these views, your committee beg leave to
offer tlio following resolutions :
Resolved, Th.it his Excellency ihe Governor he
attUtorised and requested to ad ,pt the most efficient
me ins tn procure nil I lie information, nnd evidence
in his power, in relation lo the true boundary liue
between the s.id irihesof Indians.
Resolved, Thai should ihc fact he sufficiently es-
tahli-Jit-d in his opinion, th.it the proper lino be
tween said tribes, at the time of cession by Ihe
treaty with the Cre.eks of Nov 1827, was tlieone
fits) above described, beginning at tho Snwanna
old town nsnloresaid, running In the Hightower
River, and thence to the mouth of Will's Creek on
the Coosa, that he be instructed to take immediate
and efficient measures to have said line distinctly
cun and marked, in such a manner as he may deem
most advisable.
Resolved, That as soon ns said line shall be run
tn.l tnaiked, that lib Excellency the Governor lie
instructed to request the President of the United
States to have removed immediately, all and every
Indian whether Creek or Cherokee, who may be
found residing within the territory aloresaid.
The following is tbat-pait of-the Report from
the Department of War (alluded to in the Pre
sident's Message) which recommends a change
of policy towards the Indian tribes living with
in any nf the States :
“ While on the subject of Indian af
fairs, I should feel that I (lid not discharge
my vvliolu duty, were I to neglect to call
the attention of the Government to the
expediency, if not the absolute necessity, of
more clearly defining, hy legislative en
actments, tho nature of the relations by
which we are to stand allied to the Indian
tribes ; and, especially, to prescribe wlrat,
nts between them nnd ourselves, shall be
the reciprocal rights, botlt of property and
government, over the vast tracts of coun
try which they claim and inhabit.
At tlie commencement of our present
Government, these tribes with a few incon
siderable exceptions, occupied a country in
the interior, far beyond the range of our
population, and our relations with them
vverti the simple ones which exist between
remote and independent nations, or they
Were father the relations of war; and most
of our iutereotise with them was curried on
through the officers of the army, stationed
along our frontier posts ; and it wns pro
bably, to the posture in which we then
stood in regard to them, that the War De
partment was first indebted for the snper-
intendeney of Indiuu affairs. Since that
period, our white population, in its rapid
and irresistible progress to the West, has
been sweeping past and around them ; un
til now, a large proportion of these trihes
nre actually embosomed within the organ
ized and settled parts of onr States and
Territories. In tlie meantime, we have
been entering into treaties with them, not
of peace merely, liul of property, of inter
course nail trade; and have actually con
tracted between them and ourselves, most
of the complicated relations which apper
tain to the municipal state, without, how
ever, having fixed the boundaries of the
authority hy which these relations shall
bo controlled.
While some of onreitzene, Who nre the
advocates of primitive uud imprescriptible
rights, in their broadest extent, contend
that these tribes are independent nations,
and have the sole anti exclusive right to
the property nnd government of the terri
tories they occupy, others consider them
as mere tenants at will, subject, like the
buffalo of the prairies, to he hunted from
their country whenever it may suit our in
tercsl or convenience to take possession
of it- These views of their rights and
disabilites are equally extravagant and un
just ; but the misfortune is, that tho inter
mediate line has never been drawn by the
Government. Nothing can be more cleHr,
to one who has marked the progress of
population and improvement, and ia eon
versant with the principles of human ac
tion, than that these Indians will not be
permitted to hold the reservations on
which they live within the States, by
their present tenure, for any considerable
period. If, indeed, they were not disturb
ed in their possessions by us, it would be
impossible for them long to subsist, ns
they have heretofore done, by the chase, as
their game is already so much diminish
ed, as to render it frequently necessary to
furnish them with provisions, in order to
save them from starvation. Itt their pre
sent destitute nnd deplorable condition,
nnd which in c instantly growing more
helpless, it would seem to bp not only the
light, lint the duty of the Government, to
mke them under its paternal cate ; and
io exercise, over their persons and proper
ly, the salutary rights and duties of guar
dianship. ,
The mwst prominent feature in tlie
present policy of the Government, ns con
nected with these people, is to ho found
in the efforts that are limiting to remove
them beyond tlie limits of the States and
organized Territories.
A very extensive tract of rffuntry, lying
to the West and North of-the Arkansas
Territory, remarkable for salubrity of
climate, fertility of soil, and profusion of
game, has lately lieeq set npurt Ibr the co
lonization of the Indians. Liberal pecu
niary inducements- Jinvo been offered by
Congress to emigrants, nud many have al
ready embraced the offer. But the ultk
mate success of this project has been great
ly endangered, nnd may yet lie defeated,
hy the operation of another prominent
measure of Government, which, although
suggested liy the most humane motives,
comes in direct conflict with the plan of
Colonisation,
Tho nnnuul appropriation of $ 10,000
to the purposes of educating Indian chil
dren, nnd tencliieg them the mechanic
arts, has had the effect to draw to almost
every Indian reservation, in addition to
tho agents and interpreters, a considera
ble number of missionaries and teachers
with their families; who, having acquir
ed, principally by the aid of this fund, ve
ry comfortable 'establishments, are unwil
ling to he deprived of them by the remo
val of the Indians ; and thus, we have
found that, while the agents specially em
ployed hy the Government fur this purpose
are engaged in persuading, hy profuse
distributions of money nud presents, the
Indians to emigrate, nhother set of Go
vernment agents nre operating, more so
cretly to he sure, but not with less zeal
and effect, to prevent such emigration.
These remarks are not intended as n
personal reflection on the missionaries and
teachers, rnucb less on tlie pious nnd res
pectable patrons of these benevolent in
stitutions, who, no doubt, tire disposed to
lend a ready support to every humane
measttro which the Government rtiny
think proper to adopt in favor of these de
pressed people; hut nre rather intended
to show the natural and unavoidable ten
dency of the system itself to connte.ruct
the leading policy of the Government.
If the project of colonizalion he a wise
one, and of HiiS I believe no one entertains
a doubt, why not shape all our laws nnd
trenties to tlie attninmenr of that object,
and impart to them an efficiency that will
he sure to effect it ? n .
Let such of the emigrating Indians ns
choose, it continue, ns heretofbre, to de
vote themselves to the chase, in n country
where their toils will we amply rewarded.
Let those who are willing to cultivate the
arts of civilization lie formed into a colony,
consisting of distinct tribes or communi
ties, but placed contiguous to each other,
anil connected by general laws, which
shall reach the whole. I.et the lands be
apportioned among families nnd individu
als in severalty, to be held hy the same te
nures by which we hold ours, with per
haps some temporary and wholesome re
straints on the power of alienation. Assist
thorn in forming and administering <i code
of laws adapted to a state of civilization.
Let the $ 10,000 appropriation he applied,
within the pew colony exclusively, to. the
same object!) for which it is now expend
ed ; and add to it, front time to time, so
much of our other nnnual contributions as
can he thus applied without a violation of
public faith.
In regnrd tn such Indians ns sltnll still
remain within the States, and refuse to
emigrate, let an arrangement be ntRde
with the proper authorities of the respec
tive States in which they are situated, for
partitioning nut to them, in severnlty, ns
much of their respective reservations as
shall he amply sufficient for agricultural
purposes. Set apart a tract, proportion
ed in size to tlie number of Indians, to re-
moin in common, ns a refuge and provision
for such as may by improvidence waste
their private property; and subject them
all to the municipal laws of the State-in
which they reside. Let the remainder of
the reservation be paid for by those who
hold the paramount right, at such' prices
as shall he deemed, in reference to the
uses which Indians are accustomed to
make of Innds reasonable; and the pro
ceeds to be applied for tho benefit of those
of the trilve who emigrate, after their es
tablishment in the colony, or to he divided
between those who emigrate and those
who remain, as justice may require.
It may,perhaps, be fairly doubted wheth
er the $ 10,000 appropriation (indepen
dently of its tendency to prevent emigra
tion) produces, under the circumstances
in which it is now expended, nny UBeful re
sults. These schools, it is true, impart to
a certain number of Indian youths so much
information, and so far change their fhah*
its, as to inspire them with all the passions
and desir.es, ami particularly the passon for
accumulating individual wenitli, peculiar
to a stale of civilization; nnd then these
half educated men are turned loose among
their respective tribes, without any hono
rable means of satisfying the desires and
wants which have been thus artificially
created. The lands of the tribe being
common and unalienable, they have no
motive to cultivate and improve them
There is no floating wealth tn attract their
nmbilion, and the only and usual means of
gratifying their cupidity for money, is,
hy employing the advantages acquired by
their education to appropriate to them
selves mote than their just share of the
large contributions annually made by the
Government: and in this way, they, with
some few honorable exceptions, render,
not only themselves, but the very arts they
have acquired, obnoxious to the. nation at
lurge.
If, however, it should be deemed most
expedient to continue to expend a portion
of the $ 10,000 fund on tlie Iml inns remain
ing within tlie States, the missionaries and
teachers should he located o;i the tracts
proposed to be set apart for the common
nse of each tribe ; from whence the infor
mation they supply, and the arts they reach,
might he advantageously applied by the
adjoining Indiuns to the improvement of
tlie separate property; nnd wfiere they
might also take charge of those In,linns
who may, by-improvidence,.have expend
ed their private estates.
It is, in my opinion, Averse than useless
ip impart education and thc.iirts to the In
dians, withoutItirdishihg themVt the annt'4
tinie, with appropriate subjects off which
to employ them."
CRARI3B
Delivered hj/ Jouns H.u.t lo Ihe Grand Jurors of
Jyfer.iQn county, at the lute. Perm of the Sit,te
nor t unit, and puhlis/icti at the request of Hit
Grand Jury ,
Mr. Eonkmah,
and Gentlemen of Ihc Grand Jury;
fiefore watering upon tlse business for wiiirh
you Have been convened, it is made my duty to
ttddress kou on the nature yf Ilia services you'
have tW perform, which are of e very high nod
responsible chnracier. and derive additional im
portance from' certain considerations, which,
tlmtiRli somewhat of a political kind, should lie
ver lie Inst sight of hy courts uud juries. Of all
tho institutions nfoqr free & happy ynvrrnnirnt,
none pal been more highly more justly prized
than the trial hy jury. In that country from
which our tuition* and formi of jurisprudence
have been derived, though without the benefit of
a wriuen Constitution, it has ever been consider
ed a fundamental principle of government and
adhered to, as the surest guaranty of the rights
and liberties ofthejsqhject. With us, it is in
corporate,! into the Constitution, and forms a
part of that supreme law which controls even
the Legislature itself. The extreme caution
and vigilance with which this right has been
guarded, proves the wisdom of the founders of
our government, and their clear foresight of the
dangers to whieh II might be subject, and of tho
means best calculated to preserve the people
from any of the oppressions ami disorders aris
ing from Its Corruption. The Judiciary is unit
department of government which most imniedi
ntely acts upon the people. It is to tlmf they
look Ibr protection from the hand of lawless vio
lence, and, the preservation of their dearest
rights anti privileges : it is that which redresses
their private grievances, b. arrests the atm of the
oppressor. If that remain pure, the people are
safe, though every other,lie corrupt: and the
experience of ages proves that the people remain
pure and ubcorrupled long after a lust of pow
er and a reckless ambition have poisoned Ihe
streams issuing from that only legitimate source
of authority, Hence, the necessity of so or
ganizing the tribunals of the country, that the
people’themselves should firm an important
and essential part of them. In the organization
of our Judiciary (however imperfect in some
respects) the attention which has been paid to
the juries hml their peculiar arrangement, is en
titled to the highest praise—and to that of the
Grand Juries, this remark particularly applies,
and is fell by every one who has reflected at all
on the isuhject- By one law, gentlemen, your
duties are those of the Grand Inquest on the
criminal side of the Codrt, nnd of special jurors
for the trial in the Inst resort, of all causes of a
civil nature, whether at law or in equity. The
general oaths you have taken, clearly indicate
to you this division of your duties, and also the
manner ha which you are to perforin them. As
a.Gmnd Inquest, V you shall diligently enquire
and trife presentment make of nil such matters
and things as shall he given you in charge or
shall cyme to your knowledge, touching the pre
sent service." From this you learn, that your
duties are not confined to those things alone,
which are Irrought before you hy hills of indict
ment, hut that you are under nn obligation to
present whatever shall come to your knowledge
touching the present service ; which service is
the enquiry into all offences ngninst tho penal
laws of the State committed within your coun
ty, to the end that the offenders ntay lie brought
to trial and punishment. This obligation to
present upon your own knowledge, commences
from this time, and does not relate hack to any
former period of your lives; yet, there is a mo
ral duty resting on every citizen to see that the
laws of the State he not violat. d with impunity,
which it seems to me Grand Jurors should not
disregard, unless iu cases of a light nnd trivial
nature. Whether as Grand Jurors, however,
you will or not take notice of offences which
heretofore shall have coine to yottr knowledge,
rests entirely In your' own discretion. Of all
offences which may come under your considera
tion, you are 11 diligently to enquire." This
diligence is the more necessary, as nil examina
tions before you must heexparte, with the ex
ception alone of Justices of Ihe Peace indicted for
mal-prncticein office. And permit me to charge
you', gentlemen, in your examinations, never lo
forg-t, that you are the shield the law presents
for tho protection of the weak nnd the poor a-
gainst the resentments, persecutions nnd oppres
sions of the powerful U wealthy, and of all, whe
ther rich or poor,against the malicious. Yon will
find it your duty, therefore, to examine and re
examine the witnesses with the utmost care, and
to weigh well their testimony, that you may a-
void, if possible, the subjecting an innocent man
to the t pain and expense of an arraignment and
trial; sail on the other hand, that tho guilty may
not escape. In the discharge of this duty, you
will also remember, that all men stand before
this tribunal upon a perfect equality of'rights,
and that nil the circumstances of rank ami for
tune', nnd whatever else distinguish men in so-
ciety, lire lo he disregarded hy you, nnd thaf
ypur prjvate friendships and enmities, your
hopes andyoor fears must all be yielded up at
the stern drmhud of justice. You have the
power of iuflictiugan immediate punishment on
the malicious prosecutor, hy subjecting him
to the payment of costs. This you will do by
endorsing on the bill, that the prosecution is un
founded or malicious, if on an examination of
the testimony you find the charge wholly un
founded, or so trivial, and attended by such cir
cumstances as to induce a belief that the prose
cution was intended for vexation. To attempt
a detail of tlie various acts which by law are
made penal, would be as tedious as unnecessa
ry ; for I presume you all tn be in a greater or
less degree acquainted with , the h»ws of your
country ; but it has been made my duty to call
your attention to two particular offences deem
ed peculiarly prejudicial to the community,
which are the offences of gaming and the illegal
trailing with slaves. Of the pernicious effects
of gaming, in blunting atitl depraviogthc moral
sense, superinducing idleness nnd an indulgence
of all the worst passions of the human heart-*
and of its awful consequences, the loss of repu
tation and fortune, and too frequently^the entire
destruction of the comfort, the happiness and
hopes nf whole families, the legislature was so
sensible, that it prohibited the practice in every
shape, under the severest penalties.
The 7lh section of the 9th division nfthe pe
nal code .of 1617 prohibits the keeping of an ill-
governed and disorderly house to the encourage
ment ol‘ idleness, gaming or drinking, or other
misbehavior, to the disturbance of the nighbor-
hood or orderly citizens, under the penally of
fine and imprisonment. The 8tli section prohi
bits the keeping of a gaming house, table or
room for the purpose of procuring or permitting
persons to assemble together to (day for money
or other valuable thing, under the like penalty.
The 9th section forbids playing and betting nr
playing or betting at any gnme heretofore used,
or which may hereafter be used for the purpose
of winning or losing money, nr other valua
ble thing, under a penalty not less than fifty
nor more than five hundred dollars. You are
referred to the law containing these prohibiti
ons, so wise and salutary, nm| are assured that
no effpit of the Court shall he wanting to aid
yrtu in restraining, and if passitile, entirely pre
venting, a practice so ruinous. The relation
wjhl'tAt subslttts' between master and slave—Ihe
facilities which that relation gives to the faith
less slave to embeizle tlie property of his tnHX-
ter ; aud the want of moral obligation, of a sense
of shame, nnd of the restraint* of politic opini
on attendant on the condition of a slave, hove
obliged the Legislature to prohibit all trading
with them, except for certain specified articles,
the usual manufacture of their own hands, and
except under particular circumstances, which
von will find in the act of the 19ili December,
ldi8,io which you are rete,red'. I’ermit me to
cal! your alltmtion to the 4tli leetiou of thin Aef.
1 do not know what may be the practices nfthe
okvners of tippling shops in (bis county, but a|
tar ns my observation has gone in other places,
they too often give encouragement to the very
worst habits of slaves, ami to profligate violati
ons of the Sabbath. <s
At triers iu the Inst resort of civil causes, your
powers are greater, aud ynur duties more ardu
ous than any which devolve upon you as n Grand
Inquest. From your body, parties litigant Item
a right to elect a jury of twelve, lo deter mine
the matter* in dispute between them, and liy
your oaths you are to render verdicts in all ca
ses “according tn equity aud the opinion you
enteMmB of the evidence, without favor or affec
tion fsr'elthet* party." From these verdicts
(here is no appeal. They are Anal nnd conclu
sive, unless such circumstances should arise as
to indttcr the Court to grant a new trial. That
your verdict* are final, is of itself a consider*
lion sufficient to call for. the utmost care atul
vigilance in your investigation's; hut there is nu
additional reason for your strictest scrutiny and
attention^ arising out'of tho principles upon
which you are to proceed. You have sworn to
determine according to equity and the opinion
you entertain of the evidence. That you are to
lie governed hy the prinriples of equity, there
fore, technically understood, even in cates at
law, ns far as those prinriples can lie made to
apply, I most believe, or believe that the Legis
lature have deliberately fiamed a special oath
for you, having no meaning whatever—For if
equity In this oath menn only natural justice, or
your opinion of it, we must suppose that the Le
gislature intended to constitute you mere arbi
trators, w hich is inconsistent with the idea of n
Court governed by fixed mb'* nud principles.—
Thepttpar* eomatntial little other polities! iaiel-
ligrnee of important*.
Parliament was further prorogued to the 18th of
Deceit her.
LiY«aroo».,Oet. S9.
Wo Continue to have a stonily demand (or Cot
ton ; the side* to-day amount to 2000 Intgs, at full
priori, 800 of which hava been taken un specula
tion.
Pnft.ADKf.rmA, December!!.
LATEST FROM EUROPE.
A letter from Hamburg of the tilth uf October,
rfCBived hy a gentleman of this city, asj*,—“ This
morning n courier arrived, bringing the newt that
the army of the Graml Vitter, cent tn relieve
Clioumla, ho* been heotee hy the Hussions, and
tli.it Vsroa capitulated "* the ll.th nf October.
The letter w.i* received hy the ehip Ruth and
Mntjt. which arrived lit (his port ou Sunday last)
fiijin Haatbuig.
Columbia, S. C. Dae. IT.
THE TAKIFF.
The long debated question, was, on Monday
Inst, brought tot close in tlie House of Repre
sentatives, and has terminated in the adoption
of the following resolution*:
" Resolved, That it I* expedient to make oar
solemn protest against the unconstituttonality
and oppressive operation of the system of pro
tecting duties. Also, to have such protest a*
gainst the said system entered on the Journals
of the Senate of Ihe United States; add to
make a public exposition of onr wrongs, and
of the remedies within our power, to be Com
municated to our sister States, with a request
that they will co-operate with tliii Stale io pro
curing a repeal of the Tariffs for protection,
aud an abandonment of the principle; and if
Sup^^M^^^mV^'^'bltVZi'i; ' h -f •*« - "•»""««•«? co-operate with «. in
was inserted a, mere verbiage, L to nmud off a “ ,n * y b * " tCe “* ry fu ‘ * rrtt "
oppose the Legislature to
sentence, anil you
have run Into the absurdity of presrriliing the
pompons form of an oath, while tlm slilistunce re
mains tlie same precisely as tlie oath of a petit
jury, who, though -worn to give true verdicts
according to evidence, have always hy law been
judges of the weight of evidence ; or ns it is ex
pressed in tlie oath of n special jury, have do
termlned ncoordlug to the opinion they entertain
ed of the evidence. • cannot therefore attach
to the word the hare idea of natural justice, for
that would be absurd ; nor me I reject it altogp.
ther as unmeaning, for that would lie to alter a
law by construction. I am forced, therefore, to
give to the word equity, site'll meaning ns that
all tlie parts of the oath inny take effect, and
whieh is in accordance with n known nud well
received rule of construction, ut res mnyis valent
7101111 per eat. This construction necessarily
brings before you mixed questions of law and
fact 1 for tlie principles of equity liy whieh you
are to lie governed, arc not in opposition to law,
lint consistent with it, nnd are as well settled
and understood as the strict rule* of law them
selves. Nor does any difficulty grow nut of this
construction—for though jurors cannot be sup
posed very intimately acquainted either with
rules or principles which obtain at law and in
equity, it is the duly of Judges tn instruct them
upon each particular case, what the Inw is. a*
applicable to given facts. And, gentlemen,
while I hnve the honor of presiding in fourts, it
will always afford mepleasttre, as I consider it
my duty, tn aid juries ns far as il shall be in my
power, in the performance of theirs.
There are other subjects to which Grand Ju
ries have sometimes turned their attention,
which, though not strictly a part of their duty,
I have not considered altogether inconsistent
with it. I mi-ap the notice they lake of ihe
mensnrns of Government and of the defects they
may discover in any department of it. Selected
ns the Grand Juries are from the most virtuous
nd intelligent of our citizens, any expression of
their opinions on these subjects should ever be,
and always are received with great reippet and
attention. Will you pevmit me, therefore, to
invite your consideration of the imperfections
which expcrittcc has shewn to esist in our Judi
ciary System, if that indeed can he called a sys
tem which consist of right distinct, independent
nnd too frequently discordant parts. If we
could hnve some siipveine tribunal for the cor
rection of errors in law, retaining our Superior
courts as they tire, with the admirable special
jury trials, no people could hnve a more certain
assornnen of speedy and strict justice. The
course of decisions and practice would become
settled nnd uniform | and much delay, and con
sequently much expense would he saved to suit
ors. So much has been said on this subject
within a few years, that each one of you must
hnve reflected on it. My motive in bringing it
before you is, that a question ofso great impor
tance as this may lie kept constantly in the pub
lic eye ; that sooner or later the confusion and
uncertainty in dccisiqns and practice which is
found in the several judicial districts, may meet
the proper, and as I believe, the only corrective.
It is of tlie first importance, gentlemen, in the
discharge nf our common and of our several
ditties here, that we mutually aid Hitd assist each
other. We all form but one Court, though we
have different offices nssigned us For myself,
I can assure you it shall he my constant aim to
render yon every assistance end facility in the
performance of your labor* in my power to do ,•
and I venture to hope, that I sliall not be disap
pointed in relying 011 your help and support in
the dispatch of bushiest.
Letters from Luther Blake, Esq. agent on tbe
part of the United States, to effect the entire em
igration of the Indian tribe* East of the Missis
sippi, itave been politely handed us liy a gentle
man of this place—Mr. Blake writes from the
Rocky mountains; he sayi his party consists of
40 Chiefs, well mounted and armed, who have
travelled with him 2660 miles—The Chiefs are
delighted with the new country, promised them
by the Government, if their respective tribes
will emigrate. We heartily wish success to the
expedition.—Columbus Enq. Dee. 13.
New-Yobk. December fl.
On Wednesday, the Elp.ctors of this
state proceeded to ballot for President of
tbe United States. The result was an
nounced by the president ns follows:
For Andre v J ekson, of Tennessee, 20
For John Q. A'dam*, of Moseacht’sett*. 16
A ballot wnA then held for Y’ice Presi
dent of the U. States. The result was,
P >r John C. Calhoun,of South Carolina, 20
For Richard Ruth, of Pennsylvania, Ifi
The Electors of Massmdnisetts, gave
their fifteen votes, for Joint Quincy Ad
ams, as President, and Richard Rush, as
Vice President.
ing the evil.
"Resolved, That a committee of seven bfc
raised to carry tlie foregoing resolution into ef
fect ”
The above resolutions were carried—Ayes 96
—N ues 20.
A committee was actordingly appointed, con
sisting of Messrs. Gregg. Waidlpw, Legare,
Preston, Huy tie, Elliott nnd R. B. r mith.
The Central Rank bill, the most important
measure nf the present session of the Lcg'* ! a-
lure, has been passed. Ihe IL use having agreed
to the amendments made in Senate. Th. sala
ries of tiie President and Cashier were reduced
Iu #1600, and of the Directors to #760 each.
The important military post of Varna, which
has hern surrendered hy the Turks to the Rus
sians, is a town of European Turkey, situated,
on the Black Sea, 144 miles North of Constanti-
nopln.
Diet), suddenly, "it Fridty avenh g the 12Ui tost.
Mrs J*az Grkrn, .vile ,1 t*r. Wi | am Gtee.’i of
lliisplace—.1 truly pens lady, nod highly esteemed
hy her acquaint".
*Sln VAucViou
TTj'llI. be liolden at the. Court-house, on Sa-
v * turdny the 3d of January next, for an
Intendaut nud Four Commissioner* for the
town of Miiledgeville, for the year 1829
WM. Y. HAN3ELL, Intendaut.
December 20 47—21
Let en
A:
New-Yoiik, Den 9,
LATEST FROM EUROPE.
The packet »hip /Jrig/iton, Capt. Sr.BoR, arrived
last evening ftoin Lominn, bringing papers from
(lint place to 'lie 1st of November, and a Ports
mouth paper of the 3d tilt.
They coo'.ain accounts of the surrender of Var
nato the Russians on the 11 th of October. Soim
of the paper* attribute the Tall of this place to the
treachery of inn tv of tho Turkish officer*. It ap
pear* that the Captain Pacha refused to espimlate
on any terms, but Jiiasnff Pacha who had hern cm-
ployed with some oilier Turks in negotiating with
Admiral Greig, put themselves under tlie protec
tion of the RussiansUa the 10th, and re-ob ed not
to return into the tbrlre**. When this rewind 01
wa* known ia the town, nil the troops 1h.1t were
under the command of Jnasuti Pachi, intmediate-
ly laid down litoir arms; and during the night of
tlie 10tli,amlon the morning of the lltli iheyctitne
in troops, with ilteir c.>mmauderu, out of the U wn
to surrender ttieutMive* as prisuner*of war Iu the
Ire-irgrrs.
After the garrison had in thin,manner dissolve/!
itself, the Car'ai.t Pacha, who, with those that re
mained faithful to hint, had fled into the citade', re-
questod to be allowed to retire unomlested with
350 uton to the corps under Outer Vriono The
Emperor granted this, on cond'dnnjthai he should
either take the mad hy tvav of P nvati.ur embark
for B Iiir.^a-. Towants noon, Deputies came from
tbe town and requested peilut*rio0 to deliver the
key* to the Emperor.
There me also aceeunt* of the operations before
Shurata, and tn WalUchi*.
Lafuyelte Hull, Miiledgeville.
X<OOI£ ax VHX31
“ Let envy alone, it will punish itself ”
I AM told it ha* been .generally
reported that my charges are
enormous, ami more extravagant
than any other home in iY.ill.-dge-
ville, amt which report has Operated much to
tny injury. I beg leave therefore, to pr.'>»eiit to
the public, n statement of tny charges, to show
that the report has originated from eavy, or
sortie one that ha* run off without paying their
bill. My charges arc ns follows :
Man and hone per day, #2 00
Breakfast, 37 1-2
Dinner, 60
Supper, 371-2
Lodging, 2fi
I return my thanks to my friends and the pub- *
lie for past favors, and hope to merit stilt a con
tinuation of tlieii palrouagp. and request if any
have been charged above those prices since the
first of Noveintier last, to present their bills, soil
their money shall he returned.
C. WILLIAMSON.
Dgrcmher 18 47—tf
VftnniYvi bvYncution.
TIte Scottsboro’ Female Acarlemy,
Under the superintendence of the Rev. Dr. RO
BERT C BROW IT,
W ILL re-npen on the second Monday in Ja
nuary next, where opportunity is afforded
for youttg ladies to acquire every branch of n
solid nnd polite education.
The location of this seminary presents the -
much to he valued blessings of htutllh and retir
ed situation To meet the pressure of the times
and lo ensure a permanency of arrangement,
the price of tuition, (in case the pupils are entered
for the year,) is reduced much below the u.-ual
rates, placing within the reach 6l those, whose
parents are in moderate circumstances, the de
lightful adornment of scientific Drawing and
Fainting, the polite, and now almost necessary
knowledge of'the French langunge, and the en
chanting accomplishment of Music, while, the
solid branches of education will not be neglect
ed, nor the power of thought sacrificed to the
shrine of superficial*.
Board (at eighty dollars per year) can be ob
tained in tlie family of the principal or in the
neighborhood of the Academy, where the pupils
will lie trenleil with parental tenderness, and
every effort made lo regulate their morala, so
thM the mind muy be expanded with proper
views of time, and recreation, aud to promote
health and improvement.
TERMS.
Pupils entered fora year may study all the so
lid branches of English education, the French
language colloquially and grammatically (Draw
ing aud Painting, Music, tic. for # 60 OO
i Junior Class 20 00
English stu.be. alone, J Senior C1 „„ 3,,
In every case half to be paid in advance, aud
half at the end of six months.
tf pupil* enter for less time ttmn a year, tha
following are tiie rates of tuition :
Junior Class, per quarter, $ 6 00
Senior Class, “ “ 8 00
French, “ “ 10 00
Music, “ ** 12 60
Drnwing, '* “ 7 60
Reference may.be made to His .Excellency
John Forsyth, Col. Seaborn Jones, Seaton Grant-
land, Esq. Dr. Samuel Boykin, Col. Parish Car-
ter. December 2U 47 eowfiiv.
GRKKABLK to an opler of the honorable
tlie Inferior court of Morgan county, when
sitting for ordinary purposes, on the first Tues
day in March next, will be gold at the Court
house door in the town of Madison,
All tlie Heal Estate-
of John Northington, late of said county dec’d,
which he owned in seid county. And, on the
And Tuesday in April next, will be sold, 1 tho un
divided interest of said deceased, in LOT OF
Land, No. 69, in the 8th district Monroe when
drawn, now Pike county—the same sold at Ze-
biilon Court-Rouse. Terms made known on thn
day of sale.
ROBERT PEXRMAN, Adm’r.
ISABELLA NORTHINGTON^ Adm’ri.
December 16 tdf
.4 ILL he sold ut the Court lions- in Fayette
dt, V count), on ib* fir*’ Tncsbsy,,i>i Mi)roll
nex>, one lot el laud, N», t!5, i» the fourth district
of Fayette county (formerly I leery county,) it be
ing a peit of the real estate of Be; jnnin Arnold,
dec'll- Sold fqr tho b nefitof the heirs of Said
dec’d. , >
DAVI3 OIVKN, Adra'r.
Decstnbrr 12 47—td*