Newspaper Page Text
sal. One of flic Aleuts appointed ty' tlie
of Massachusetts to confer with the general,
rninent un the subject, during the last wint-
inember of the present Congress; and
> character for perseyerence forbids the idea of
Ids permitting a subject to sleep, on which he has
already employed much of his time and tal
ents.
The proposition will doubtless be renewed, to
reduce, if not to abolish, the existing Internal
Taxes. The fate of such a proposition, unless
recommended by the Financial Department of
the government is very doubtful. One of the tax
es, tne stamp duty, we should ourselves be wil
ling to see repealed, because it is said to be mo: e
vexatious in proportion to its product, than any
other. Whatever may be the fate of the Internal
Taxes, we arc * etty certain that the accompany
ing motion of the last session, for reducing
the arm v, will receive a decided uegative, nothing
having occurred "to secure a more favorable re
ception than it then met with.
The question of the highest importance which
will be agitated during the session will be the
policy for the United States to pursue in relation
to the South American provinces. If the subject
doeg not enter into the President’s Message, we
are warranted, from our information, in saying, it
will be brought forward by some member of the
House of Representatives." If we are not mista
ken there is at least one conspicuous member of
that body that considers himself pledged to move
it. Of this question there are two distinct bran
ches ; first, the expediency of employing the
arms of the United States, in support of the em
bryo independent government of Southern Amer
ica, emerging to existence, and struggling for
life : and secondlv, the expediency of recognising
the independence of such of the provinces as
have most clearly uhewn their claim to it by tbs
establishment of independent governments. Of
the first branch it is perhaps needless to say any
thing—not because there are none who lavour
that course, for tliere are many—but because we
are convinced there will be a decided majority of
Congress, as there is of the people, opposed to
embarking the nation in any war not unavoida
ble—much less in a war of alliance in behalf of
foreign power, in a cause not involving the rights
or honor of this nation.
The second head is that under which, we pre
sume, the question will come before Congress.—
The right can no more be disputed than the poli-
•cyof recognising the independence of any or all
of the S. American Provinces, when the fact of
their having declared independence by the gene
ral voice of the people, and in a manner authori
zed by the laws of nations, is satisfactorily ascer
tained. We do not view this policy, as some do,
as enforced by any particular obligation to these
provinces ; one of the most suecessful of which
nas invited an European Prince to rule over them,
and another has ottered our commercial rival a
ynotlopoly of its trade for twenty years as an c
quivalent for her recognition of its independence
Had such a proposition as the latter been made
to the U. States, and rejected, there would have
been some foundation for the reproaches cast up,
on this government for not having at once admit
ted the Ministers the Provinces have deputed to
Represent them in this country. It is not there
fore any obligations to the colonies which require
the United States to recognize the governments
of Buenos Ayres, Chili, Venezuela, &c. but it is
our duty to ourselves, our respect for the princi
ples of freedom, and the right of self-government
on which our own institutions are based, that de
mand of us to be among the first to recognize the
independence of such provinces as have establish
ed governments favorable to civil liberty, and
promising to be permanent. To those who are
struggling for this object, the people of the U.
States ardently wish success, but it is only when
they have shewn their capacity to accomplish it,
that the government can interfere. When that
happens, the consideration of foreign jealousy or
even hostility, will not deter the U. States from
doing what is l ight; nor is any argument neces
sary to shew that it ought not.
The question then resolves itself into a ques
tion of fact, of which men entertaining the same
views may, according to their information and
impression, form different opinions, as they do.
Such will probably be the case with Congress, as
we are not likely to have any official iufomation
cm the subject at their next session, and it is cer
tain entire credit is not due to the conflicting
statements we daily receive from the mouth of
rumor, nor even to the confused accounts of tin
parlies themselves.
How Congress may decide, we shall not pre
diet; but we should not be surprised if then
were to refer the question back to the Executive,
being the treaty making branch of our govern
ment, with whom of course, rests the power to re
ceive or reject ministers from foreign nations (if
Congress do not therefore) and to whom all the
sources of information are accessible. Mean
while our ports are open to the flags of these
Provinces, as the government has long ago olf’-
cinlly declared, and each Province having an es
tablished flag is so far recognized as an indepen
dent government. The ministers or deputies
from those provinces remain not recognized, it is
PENAL CODE.
JUDGE STRONG’S REPORT
To the Executive on the Tenal Coile of this State.
- “ KaVonum, November 3, lrtlr.
Sir,—In obedience to that section of an act
to reform the penal code of this state, and con
form the same to the Penitentiary system requi
ring the judges of the superior courts to report
to the executive all such defects,omissions, or im
perfections as experience in their several circuits
may have suggested, I beg leave to submit the
following remarks :
A desire to derive all the benefits whidf might
result from the practical operation of the new
penal system, induced a determination of defer-
ing my report until near the close o( my last
circuit of courts, which has just terminated;—
A succession of calamities of the most distress
ing nature has caused me to regret that determin
ation, and render it impossible at this time to be
stow that reflection and labor on this important
subject to which both my duty and inclination
strongly impel me. Although I am of opinion,
that the legislature intended to require of the
judges a report only of such defects, omissions,
and imperfections in the penal code as their ex
perieucc might suggest as necessary, yef. were it
not for the circumstances before alluded to, I
should not on this occasion hesitate to exert my
powers by reporting every thing that 1 deemed
calculated to advance and perfect the system ;
but situated as 1 am, necessity confines my obser
vations within very narrow limits.
The 44th section of the 12tn division, enacts,
that “ all crime* and offences committed before
this net goes into operation shall be prosecuted as
heretofore, but the punishment shall be as similar
to those designated in this code as it may be in
the power of the court to order and direct.” To
pursue the humane intention of the legislature a
declared in this law according to tjie rule ufxon-
struction therein prescribed, 1 have moremliuu
once had to commute the punishment of death in
to that of penitentiary imprisonment. T e en
actment ol a section which would more explicit
ly define and direct the punislunen to be inflicted
on those individuals couvi ted under those laws
in force prior to the 22d February, 1817, is re
spectfully recommended, unless the legislature
should think the construction already given
that clause satisfactory.
Experience has shewn, that juries vary in the
degree and extent of the punishment recommended
in cases entirely similar, and that compromises
inconsistent with that integ ity of conscience,
which jurors above all things sho dd possess, and an
entiie inconsistency with the justice of the case of
ten takes place under their widely extended dis
cretionary power. The remedy recommended is
to abolish the distinction between “labor” and
“hard-labor”, and as heretofore authorise the
judges to apportion the punishment under the law,
or by confining the disci etion of the jury to very
narrow limits.
The idea of restitution appears plausible in the
ory, but is difficult in practice. Tne article stolen
is often bey. nd the reach of the convict after con
viction—it is difficult to ascertain his solvcnfcy,
and where it is practicable his property is fre
quently beyond tne reach of himself or the pro
cess ot the court. Moreover there is no rnethoJ
according to the ablest writers on this subject,
and l may add common sense & reason, to place the
rich and poor upon an equal footing where resti
tution has to be made in value but by the proceeds
of their labor, and this it is believed would ex
tend the period of imprisonment to an un
warranted length, and much increase the ex
pense of the penitentiary establishment. The above
considerations induce a recommendation of the
total abolishment of that part of the penal code
relative to the foregoing subject.
Division 7, section 1, by the omission of the
word felonious in the definition of robbery, tres
pass is converted int# that crime.
Division 8, section 2, annuls any verdict ob
tained by perjury : Tliere should be a clause to
protect the interests of innocent persons, neither
parties or privies to the suit.
Division 10, sections 11 and 12, upon the sub
ject of. gambling—Such have been the beneficial
effects resulting from that part of the law now
under consideration that it is with timidity 1
advise an amendment. Few tilings tend more
to promote the good morals and happiness of a
community than the total prohibition of gambling.
But 1 cannot believe that the legislature intend
to nuke play without betting a crime—It is the
amount staked that inspires a thirst for the vice,
and produces the mischief desired to be remedied:
and yet part of the I lTh section is so vague arid e-
quivocal as to produce a difference of opinion a-
mong the judges as to its construction. An ex
press declaration of the legislature’s intention
would produce uniformity of decision throughout
the state.
Division 12, section 12, requires amendment—
Exceptions as to form should be taken on arraign
ment and become amendable on motion to the
court. But exceptions as to defects in matters of
substance should be taken at any time where the
life or liberty of an individual is jeopardised.—
A different course produces a carelessness in
In,™, buTln 'die same^ situation as ^ie^present I c n<"i'> al ladings dangerous to the liberty of the
minister of Spain himself was, before his sovreign clt ' ze, V . . .
1 - Justice should not only be administered, but it
should be administered w ith as much dispatch as
mature deliberation will admit of. The oath as
ivflncss distinctly and solemnly pronounced in
the second person liy the solicitor general, the
effect would be more impressive, tbe obligation
equally binding, and tne objections stated ob
viated. 0
No prosecution of“ offences relative to slaves”
has occurred within my knowledge—but it is ob
vious that th 35tii section of the l2th division in
tended to prohibit the bringing, importing, or in
troducing of slaves into this state, with intent to
transfer such slaves, is daily and with impunity
violated. Every principle of humanity, of mo
rality, and of self-preservation calls iofidly lor an
effectual remedy. Perhaps a provision milking
ali persons who may bring, import, or introduce
into this state, with intent to vend, barter, or wlioj
may vend, barter, or buy, or who may aid, abet,,
or be privy to the bringing, importing, introduc-j
ing, vending, trading, bartering, or buying sucii!
slave or slaves, liable to the penalty of imprison-'
meat at hard labor, not less than two nor more than:
four years; and also subject to afiue offive hun-|
dred dollars for each slave so brought, imported,
&c. making the property itself iiable to the tine,
would produce the desired remedy. An effectual
amendment of this clause I consider ot the first
importance to the iutetests of the people of the
state of Georgia.
The 21st section of the 12th division, produces
delay in the business of the courts entirely un
necessary. The cause of justice should be re
garded as well as the safety of the accused.. Eve
ry person indicted for a fellony or crime, wnicli
may subject him oil conviction to death, should
most unquestionably be (as provided) entitled to
twenty peremptory challenges ; but this privilege
should be graduated according to the crime char
ged and the degree of punishment imposed.—
VVlierc the punishment prescribed is five or more
years of imprisonment at bard labor, the person
indicted should be entitled to twelve, and in all
other cases to a pumiel of 24 jurors with the
1 right of six peremptory challenges, in a country
where juries are so prone to mercy, the aiiove re
gulation would secure an impartial trial, facilitate
business and secure justice betwixt tne state aud
the accused.
Before I take leave of this very interesting and
important subject, I beg to be indulged in
saying a few words on a subject, which perhaps
exceeds the bounds of my prescribed limits. A
correct, systematic,and uniform administration
of justice is one of the most important matteis
that can interest the feelings of any people. Can
a judiciary system be perfect without a supreme
tribunal for the correction of errors ? Can jus
tice be uniformly administered, or can the vari
ous provisions contained in the penal code receive
the same construction in every part of the state
without the establishment of a court for the cor
rection of errors ? Experience proclaims they
cannot: If my information be correct, had par
allel cases occurred during the present state of
things,the penalty in one district would have been
death, and in another penitentiary imprisonment.
In the nature of things those evils will prevail
under our present system. Each judge being su
preme in his own district, must poise himselt up
on his own conscience, and knowledge of juris
prudence, decide fbr himself, aud hold himself
alone responsible to bis country and his God.—•
Perhaps in the same day, nay in the same hour,
he has to pass upon points involving the rights of
citizens on the common law, the equity and the
criminal side of the court, which affect the entire
property of one, the reputation of another, the
liberty of a third, and the life or death of a fourth,
without the light which would shine from a su
preme judicial tribunal of so respectable a state.
A change of the constitution embracing the esta
blishment of a well regulated supreme court of
errors would remedy this great delect iu our sys
tem. *,
To the best of iny power, under very painful
and embarrassing circvinstances, I have endea
vored to perform the duty required of me. If 1
have departed in the foregoing- reflections from
my prescribed limits, it is because I have been an
imated in the cause of truth and justice, and in
spired with a holy enthusiasm to aid to the ut
most of my abilities in the perfection of the very
laudable and humane object of the legislature.
1 am, sir, respectfully,
Your Excellency’s most
Obedient bumble servant,
CHRISTOPHER B. STRONG,
Judge 8. C. (). Dist.
was firmly seated on the throne recovered for
him by the Spanish people.
Whatever may he the decision of Congress-—
and it mav be very different from our anticipa
tion—we "have no doubt much of their time will
be employed on a question affording so fine a
theme for the display of the talents yet to be dev
eloped among the new members, as well as of
those for which the older statesmen are already
distinguished.
Upon the whole, we look forward to the session
with the most pleasing anticipations ; which we
hope will not be at ail disappointed by n revival
of the tedious and odious discussion of the com
pensation law. If that question (which we had
like to have forgotten) presents it-elf, for the
prescribed in the 32d and 33d sections of the 12th
division, is found in practice incompatible yxitli
the above principle. For It cousumes us much
time to swear a jury as it does to try an ordinary
cause. The object of all legal oaths is to bind the
integrity of the conscience of the individual
swearing to the throne of eternal justice. It is
not believed that the present manner of ad
ministering oaths to jurors and witnesses is
calculated to effect lhatobjeet. For the tripidation
which most persons fue l wheu called on to give evi
dence in court, is often incre*«cd to such a
degree by the repetition of the oatli that the ob
ligation which it imposes, is but indistinctly uu-
saW of the dignity and character of Congress, we J derstood or wholly forgotten. Witnesses' ami
shall be glad to see it silently disposed of. jururs arc sometimes tendered who arc iucapable
National Inlsll'gerxer. 'of pronouncing it. Were the oath to a juror or
SPATE LEGISLATURE.
HOUSE OF REPRESENTATIVES.
• .Monday, November Iff.
Mr. lllair moved to reconsider that part of the
Journal of Saturday last, relative to the election
of Harbor-Master (or the city and port of Savan
nah, which motion was lost.”
Mr. Sheffield from the committee appointed
reported a bill to amend a part of the first section
of an act to raise a tax for the support of govern
meut tortile year 1803, which was read the first
time.
The joint committee to whom was assigned the
luty ot contracting for the printing of the laws
and journals for the present year, contracted with
Messrs. S. & F. Grantland, on the same terms as
last year. The laws are to he delivered by the
first of February, and the Journals by tire first of
March.
Mr. Ashley reported a bilj to have the Militia
Laws of this State printed and distributed among
the officers, which was read the first time.
Tuesday, November It.
Mr. Stocks from the committee appointed, re
ported a bill to alier and amend the second sec
tion of the second article of the Constitution,
which was read the first time. „
Mr. T. I. Moore from the committee appointed
reported a bill to point out the mode of recover
ing aud admeasuriug dower iu this State, which
was read the first time.
tVednesday, November 12.
Mr. Williamson, agreeably to notice, moved
for the appointment of a committee to prepare
and report,a bill to tax the Branch Banks of the
limited States in this State. Ordeted that Mess.
Williamson, Taakeraloy and Blatr be. that pom-
raittee*
.MV. Owens ff orn the committee appointed, re
ported a bill to alter and amend the first section,
of the third article of the Constitution, which
was read the first time.
Mr. T.l. Moore from the committee appointed,
reported a bill amendatory to, and explanatory of
the Statute of Limitations in this State, passed
Dec. 7, 1805, so far as regards ideots, lunatics,
and infants, which was read the first time.
Thursday, November 13.
Mr. Witt from the committee appointed, re
ported a bilt to alter ar.d amend an act entitled
“ an act to alter so much of an act entitled ‘ an
act to regulate the general assembly,” go far a*
the same requires all general elections to be held
at the place of holding the Superior Courts, which
was read the first'time. - _
Mr. Blair, agreeably to notice,'moved for the
appointment of a committee to prepare and re
port a bill to alter and amend the 3rd section of
an act authorising Russell Goodrich and others,
to open and keep in repair a road from the head
of boat navigation on Tuglo river, the most di
rect rout to fall into the road at Samuel Thomp
son’s, on Nine Mile creek, in East-Tennessee,
and form themselves into a turnpike company.
Ordered that Messrs. Blair, Kcnnon aud Woo't-
ten be that committee.
Mr. Hathron, agreeably to notice, moved for
the appointment ot a committee to prepare and
report a bill to repeal the last of the 1st section
if an act passed on the 19th December, 1816, en
titled “ an act for the trial and punishment of
slaves and free people of color,” Ordered that’
Messrs. Hathron, Sandiford and Ragan be that
committee.
Mr. Crocker moved for the appointment of a
committee to prepare and report a bill to appro
priate money to each county in this state which,
has uotheretolore received either money or lands,
for the purpose of erecting and supporting an A-
cademv in each county.” Ordered that Messrs,
Crocker, White, Botliwell, B. Pope and ilatthewyi
be that committee.
Friday, November 14.
Mr. Kennori, agreeably to notice, moved for-
the appointment of a committee to prepare and
report a bill regulating the rates of interest in thift
State. Ordered that Messrs. Kennon, Rea and
A. Pope be that committee.
The Speaker laid before the House a letter
from John l. Smith, Esq. Clerk of the Superior
Court of Putnain county, accompanied by an ex
tract from the presentments of the grand” jury of
said county for Sept, term, 1817. wnicli was re
ferred to a select committee consisting of Messrs*
E. Harden, Jackson ami Blair.
Mr. Glascock, agreeably to notice, mnved fop
the appointment ot a committee to prepare and
reporta bill to alter and amend the forty-seventh
section of the Judiciary system. Ordered that
Messrs, Glascock, Reid anil Cochran bethatcom-
mittee.
Saturday, Nnvelnler 13.
Mr. Glascock reported a bill to amend the for*
ty-seventh section of the judiciary system.
The bill to amend the 9th section of the 2d ar
ticle of the constitution was, after considerable
discussion, negatived—as was also, the bill amen
datory of the act to raise a tax for tbe year lS05.
Mr. E Harden laid on the table a resolutio*
relative to the payment of taxes on land belong
ing to non-residents.
Messrs. Blair, Dasher and Lawson were ap
pointed a committee, to prepare a bill amending
the second section of an act regulating Taverns,
<jj‘c.—and
Messrs. Cutlibert, Pope and Lnmkin to report
a bill altering the mode of supplying vacancies
in the Board of Trustees of Franklin College.
.Monday, November 17.
Mr. E. Harden called up a resolution which h*
had laid on the table, as follows—Resolved bv the
Senate and tfouse of Representatives, that tho
lands heretofore returned in the county whore
the agent ol the absent owner resides, and ot*
which land the taxes have justly & bona fide bee»
paid to the tax collector, such payment shall be a
discharge of such taxes, though not paid in the
county where the land lies, provided that 9Uek
defaulters do pay all the necessary expenses
which mav have accrued for assessing and adver
tising such laid, and all commissions due for the
collection of tie same, &. that the Cotnptroller-Ge- ;
ncral shall have power to relieve in all such case*
where the tales have been justly paid, and the
State in no vise defrauded of the same.
Mr. Blair rom the committee appointed, re
ported a bill to be entitled “ An act amendatory
of the seconl section of an act regulating the
rates of tavirn license in this State,” passed ig
1791, whichwas read the first time.
SENATE.
Wednesday, November t2.
On motim of Mr.’Cutlibert, Resolved, that a
committee le appointed to enquire into the best
mode of pieventing the virtual emancipation of
persons of colour, which fake place in this stater
in contradl'tion to the policy of its laws—Order-
that Messis. Cutlibert, Elliot and Brown be that
committee.
Mr. Blatkshear moved for a committee to en
quire into the expediency of a law compelling
Collcctorsol the several ports in this state to de
liver over to the proper authority, all negwoes
which mar have been taken or which they may
hereafter ,ake or have placed in their possession,
under th< law to prevent the importation of"
slaves.—♦rdered,that Messrs. Blackshear,Elliot,
Powell, Henley and Jas. Blackmun be that com
mittee. , ■■
Mr. Montgomery reported a bill to regulate
the. admksion ot grants as evidence in certain
cases.
Thursday, November 13.
The bll to permit Grand Jurors to hear testi
mony oqboth sides in cases of Assault and Bat
tery wasoroended and passed.—Yeas21. Nays 15.
Mr. Henley reported a bill to repeal that part
ot the nilitia laws relating to the organization of
the CaTjlry.
Friday, November 14.
Mr. Iienley reported a hill to alter the 1st sec.
of the 31 art. of the Constitution.
Mr. Mliot notified the Senate, that he should
move far the appointment of a committee to on-