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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 One of the tax es, tne stamp duty, we should ourselves be wil ling to see repealed, because it is said to be mo: e vexatious in proportion to its product, than any other.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-