The reflector. (Milledgeville, Ga.) 1817-1819, February 02, 1819, Image 3

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.«« (late, at 2a per .<1 an immediate ,/il. o been seen from iis report. Ti\e cmninit- to aav, that although 'Wave been strictly cor gi veil without any re bate interest, yet Ins sit acting on a question o important to him, or L t never to have placed tuition. The high trust esidvnt of a National rinnent, and by the re ' wy ' s s'/ . k. tibstponmg thsTubj :et fo.»-a <Iiy or twh; ' the but the house, by u majority ©I’ ten or tif- ' teen votes, agreed to take it lip. The re porter the military committee was read thrwtnh, concluding with the fullo wing re solution : “ Resolved, that tho House uf Repre sentatives of the United States disappoves the proceedings in the trial and execution of Alexander Arbuthnot and Robert C. Ambrister. Mr. Cobb, of Georgia, took the floor in support of the report; and, having spoken sometime in support of the resolution im mediately before the house, he was pro ceeding to the other questions arising out I Either myself however, that I liaVe shewn that the law makes a distinction between the duties of a judge and the duties of a jury. Now let us codipare his honor’s de cision with what the law imperiously re quires of a judge, and then we shall sec wh**r thosg requests have been com- plie^with. In the investigation of adverse claims to property, the question of title or no title is the issue, and as this is a matter of faot the jury alone have the ‘right of deciding on It., If the law makes it the duty of the jury to ascertain the fiict3, in dispute, it must be done 1»y them or it is not legally done. It is not legal for a judge to do an act which the law declares 3hall be of the Seminole war, when it was decided j ,\ onc hy a j ury . jf t h e law should require by the chair, that the discussion must be dle j oint nct ^ t h R judge and jury, to the confined to tie question iiuincuiat'Iy be- i performance of a particular thin,<, I am in fore tne house. Alter a good deal of con-1 j 10 p P3 it will not be maintained that the versation on the question of the order id < act t | je • proceeding ill this case, in which Messrs slinniK f ^ I >■ ,v U. , B IV , I A vf Pill .IlUflirl Smyth, Cobb, Clay, Poindexter, T.illmadge ik part, and in which a gen- will satisfy the law. If it should, however, be maintained, it can be as fairly supported that the act of one in dividual is the act of two, as to maintain and liliea took part oral disposition was manifested that I t W a law requiring the jury to do a par- whole sufoect ahou'il be discussed, and ticnIar lhin „ c:m be executed by a judge, the difference of opinion was only as h...^ moJa ° of reasoning cannot satisfy my the modes ot eettuur at it. to obviate all - ■ , . . _V .u. An attempt h'astiaen bnde it Madrid to nssassinato the secretary of shtepro tem. for foreign affairs oflh a Spanish government. Mr. Beale, of Philadelphia, it is said, in tends offering his museum to congress lor jSl20,000. jLate accounts from New-Orleans state that business of all kinds remains com pletely at a stand. There is much com mercial embarrassment. Money cannot be had at less rate than two and a half per cent. Cotton'very dull at 20 cents. , The directors of the United States’ Bank have reduced the salaries of the president and cashier 20 per cent. Washington Alston, Esq. has been elect ed a member of the I loyal Academy of Fine Arts, in London. South-Carolina has the honor of producing this distinguished pain ter ; he is a native of Georgetown, receiv ed his education at Harvard university, and soon after he graduated, embarked for Eu rope ; vviiere he has perfected himself in his profession, by studying in the various schools in England, France and Italy, die has lately risen to the highest rank among NGRESS. EN ATE. 'ay, January 14. tiered for consideration lution: “ Resolved, that mitten he instructed to xpediency of prescribing f quartering soldiers du- fhouxes of citizens when cies may make it heces- le by which private pre en for public use, drsrg- by wliose orders pr i- •en, the manner of ascer- , and the inode by which receive with the least pos- 'Compensttfion for the is entitled by thexonsti- ited States.” y, January 15. ‘ resolution to amend the to provide an uniform of electors of president ; and ot representatives read a third time, ed to recommit the en- n for the purpose of ma- alterations- ■greed to the reconnmt- ed to amend the motion t it with instructions to ccordiug to a resolution words >“ Resolved, that recommitted to the corn ed it; that the districts era! states are to be (li st of contiguous territory rly as possible an equal is*entitled to vote for house of representatives of the United States, in ivelv and tliut the pow- e*s hy the fourth section e of the constitution shall ay»” REPRESENTATIVE?, of Ohio, submitted for following resolution the committee on the ju ried to enquire into the nishingasspieswhile men I instigating the Indians hting with them against ,” which question bring tion Avas negatived by a >and propriety, it is for the of in time of war with any Indian tribe • I or tribes only, the execution of any cap tive, taken by the army of the United [States, without the approbation of such ! execution by the president. Resolved, that this house disapproves of the seizure of the posts of St. Marks and Pensacola, and the fortress of Barrancas, contrary to orders, and in violation of the constitution. Resolved, that the same committee he also instructed to prepare and report a bill prohibiting the march of the army of the United States, or any corps thereof, into any foreign territory without the previous authorization of congress, except it be in the case of fresh pursuit of a defeated enemy of the United States, taltkig refuge within such foreign territory. Having submitted this motion, Mr. C. proceeded to peak in support oflho.-c bran ches of his proposition which he had not already touched upon. Mr. C. spoke a- bout two hour*. lie was followed on the opposite side, by Mr. Holmes, of Massachusetts, who had only concluded one branch of the sub ject ; when, having given tvav at the re quest of a member, the committee agreed to rise, and leave being given to sft again the amendinent moved in committee was ordered to be printed. lute.’. The more they are examined the more brilli int they will appear. In set tling the qui'stiou of freedom and slavery, a matter of fact is undoubtedly involved; and from the law which 1 have shewn, as well as every "days practice, it is most as suredly the exclusive duty of the jury to ascertain tho fact in issue. The decision under examination does not, however, re cognize this principle. On the contrary, it completely destroys it. His honor has assumed to himself the right of acting both as judge and jury. I conceive this decision a dangerous streffch of power, and hostile to the trial hy jury. The consolidation of the duties both of judge and jury in one body or individual, would ha dangerous in the extreme. It would destroy the sym- metrv of our jurisprudence, and thereby establish a tribunal inimical to the princi ples of our republican for n of government. I think that I have already shewn that this decision of his honor's is not only dange rous in its consequences, but in open and direct vioiilion of those principles which we established as highly important in the udministr ition ofour I iws I will now pro- toshewthnt this decision is also in con travention of a plain and po-itiro statute of this state. Marbury «and Crawford’s Di- quis of Stafford. Mr. Alston has returned to his native country, and is now residing in Boston.—Charleston Courier. The experimental boat, (a scow 30 feet by 9) which Mr. Busby lias been engaged in constructing on behalf ‘of the steam boat company of Savannah, is completed. She has no external machinery whatever, and is propelled re-activety—the external water is admitted beneath, and ejected at the. sides (on the principle of the fishes’ gills) by the two centrifagospiral pumps of Air. Busby’s invention.—. V. F. paper, Indian Treaty.—By the treaty made with the Indians, by (’ass and M’Arthur, the United States are bound to pay to sev eral ‘Indian tribes the amount g! 1,000 an nually,forever, £,100 annutlly, fo- fifteen years ; and S500 in the year 1818, all payable in specie—-the old annuities to be continued. The United States also agree to pay for damage done several tribe* dur ing the war, to tne amount of about gl i - 978. Also, to puv the value of improve ments made by the Indians, which they may have to abandon in consequence of the"treatv, Tlv United States also grant lauds to 'Whipping-stick. Hunning-alinut, Rig-sliake, Tail's-end, Falling-tree, When- \ i/ .u-ave-tired-sit-.loicn, and to sundry o- n nu 'tatoirrSre.lTSii. "Tie, to5, who yet had held un'irtai v A spirit natural or inspired— He, too, was struck, and day by day Was withered on tlie stalk away. Oh God ! it is a fearful thing To sec the human soul take wing In any shape, in any mood.''— Departed this life on the 28th ult. at hift residence to this place, Fleming Grantland, Esq. late a Senator from this county to the State le gislature, and junior editor of the “Georgia J< ur- nai”—aged 28 years. His remains were, on the succeeding dav, interred " ith dasonic honor*, attended by a Targe circle of lamenting friends. “ . , And is he gone ? On sadden'd solitude* How oft tbit fearful question will intrude!” When the hand of death consigns to the graver him whose lyoasurc of years is full, after a long* period of bodily suffering, we arc apt to view the event as the ordinary result of age and infirmity. Hut vyhen an individual in the day spring of youth, loug ere he approaches life's meridian, or before hits budding prospects have blossomed, is laid in tho tomb, it becomes a sourcq of serious reflection, and is calculated to awaken the m"*st solemnizing emotions. Xlflicting as the stroke of death is, at all times, it becomes 'doubly so when on estimable citizen—an useful member of society—an aflcctioiru ate relative—or an ornament of the domestic circle is tom from its bosom and summoned to the grave- At such an event the heart of allliction swells with sorrowful emotions, and is torn by agonizing and ceaseless regrets. The above reflections aire‘caused by the unert* pected decease of Mr. Grantland, whose public career, while living, was marked by an inefypen** dence of mind—a firmness of principle—a correct* ness of thought and soundness of judgement, which evinced an intellect far above the ordinary grade. In his inte rcourse with the world he bore a pure and spotless character, and uniformly cherished, z$ his inseparable companions, a refined sense ofhon- or and an incorruptible integrity. Ever affabl* and engaging in his manners—mild and araiablg to his deportment, he drew around him a large circle of friends, whose deep sorrow and regret at his do- cease bear testimony of his intrinsic worth. Id the domestic circle, as a husband, father, brotherw friend, he was ever kind, affectionate, sincere ana ardent. His decease has deprived the state, of & valuable citizen—Society of an useful and estimiw ble member, and Milledgeville of one of its bright est ornaments. His loss will long be deeply fclt t sincerely lamented, but never replaced. Lodge Room, ~0th January, 5309. THE mem..era of Benevolent Lodge sincerely and deeply lam-nting tin decease of their worthy brother and treasurer, Fleming Grantland, R -solv ed, That the implements of the Lodge remain shrouded in mourning-, and that the members wear crape on the left arm for thirty days, as a tcstixno* ny of their regard and esteem. By order of the Lodge, JA ItOUr-SKAtT, scc’ry pro. tem. POETICAL Fc;> fii E F.VI.ECTOR. TO COLU1U1AXU3. ri 'it cMVnt with less illuitrious themes : eas’d -.villi the nuntnucing come ot little January 18. 'Florida.—Mr. Edwards olu(ion calling for inl’or- n to tliB posts, witliout United States, now in "nitod States. Tlieob- **fr *£« .itself so plain elucidation.. It would 1 thelaw of 18fl dnllioi - isessjon on certain con- part of Florida east of to fsfablish a govern- “Wet of the resolu- r'tpinj How far. if at all, cajried into effect, tkc. t in|tfie following word*: Si« president 5? the U. a ti cause any iufonna- chntruuiicaicd, to be hoi^c, whether Amelia nil Pensacola, yet re- 'fjofthc United States av/3 the inhabitants li whether articles im- lorcign countries are I R-liat duties, and by .ijher the said duties hi« whether vessels (el States from Pensa- ja/nl, and in Pensacola rjim the Uiiited States, asidered and treated fii countries. Storrs, “ resol\ed, Itee be appointed to to this house whether .ha expedient to (lie force, piovidmg for vidlials for lussc, of ■mg the late yvai/,.'itli filic enemy, ’ t» into ‘ rou Til3 UEt-LECTOIt. It has lately been adjudicated by his ho nor the Judge of the Oukmulgee circuit, that the question of 'freedom or slavery- can be inquired into and (leciied by virtue of a writ of habeas corpus. I conceive that this decision is radically defective, and fraught vvith the most serious uni alarming consequences ; that it has not only impreg nated the rights of an individual, but even sapt the fundamental principles oi our ju risprudence. In order, therefore,that my opinion of this decision may be full,- com prehended, 1 will endeavor to expnin it. If this decision is considered as the luv of the land, I maintain that the trial hy jury, which has hitherto been eulogised as the is complexly gest clearly points out the mode by whirl ----- - Heroes rlainun; their freedom'shall be ther Indian*, to the amount of me hund- tried. Pag.* I'M declares, “that if any red ami four square miles, m different tm t* person, or persons, wh-itsoever. on bchdf]—also thirty thou and acic«. Ire" of any negro, do apply to the chief justice, or justices,of In* m .gislr ite’s^enerfl court, by petition, either during the sitting of tac said court, r-r before the chief justice, or any of file justices of the same court, af n- ny tilne in vacation, the said chief justice, or any of the said justices, shall be and he and they is and are hereby empowered to admit ary such person so applying to lie guardian for any negso cl aiming his or her freedom, and such guardian shall he ena bled, entitled and capable, in law, to bring an action of tresspass in virtue of ravish ment of ward against any person, or per son*, who shall cl dm property in, or shall be in possession of said negro.” And the sai l statute further states, “ that if a judg- inent shoal I be fijund for the plaintiff, the jury shall assess damages.” 1 have not quoted the whole of the statute. I have onlv taken so much as particularly applies to the trial of negroes claiming their free dom. But I have quoted enough to shew that the writ of habeascorpus is not the proper criterion to try the question of freedom or slavery. It may possibly be urged that this is nil old British statute, and that it has no binding efficacy on our courts. I do not pretend to deny but that it is an o s . ! British statute ; but I maintain that NOH ICE. A N eleccirnh w,lt he held, at the cour'. .e.use -/SL in iilleffgcville, on Saturday the 2ou. of Fen.'..arv, K119, tor a justice ot‘ the infers/, co.urt oi Baldwin county, in place of James C. t\ esq. resigned. JA'S. rU-i'.lING.T \VM BIVINS, (.Justices. Fit. JElEll, S Feb. li 5 tdc . UUsSOLUTlON. IT 112 copartnership of Doctors Glenn & Cook, JL was. dissolved on the 1st ultimo. All person* ideated are requested to call on Dr. Glenn at J. j i.ousseau, Esq. and liquidate their accounts. Dit. GLENN will continue the practice of Me dicine. .Uillerfgeville, Feb. 2. palladium of our libeftie destroyed. For according to his hoitoi’s decision, he can settle the right or title b jt is as binding upon our courts as any act property without the intervention of a ju , p assc j by the last Legislature ; for it was ry. It (s well knodm that the jury is a com-| j t)( .. or porated into our system of laws, and ponent part of a court, and that they po3- m | 1;IS n uver been repealed, but on the con sess peculiar and distinct qualities trom the judge. The judge aadjury have each their duties marked out and assigned to them, and they most each fulfil their respective func tions, or there will be a departure from what the law requires of them. Let us seewhataretliosedutiesthat the law re quires shall be executed on the paVt of the judge and jilry in settling the title to con flicting interests, and then we shall see whether his honor’s decision complies with what the law requires of a judge. It is laid dbwnin England that “ the jury are the sworn judges upon evidence in matter of fact, and the judge is to declare the law a- rising from the fact.” In adopting our con stitution we have not only thought it wise and politic to adhere to this principle, but even left it with the jury to judge of the law. The commentators upon our judicia ry think this an additional improvement in the science of jurisprudence ; that judges might possibly be corrupt, and that the better way to guard against the evil of cor ruption would he to leave the jury to judge of the law as well as the fact. 1 have no doubt but that this is a'wise and wholesome regulation; Is it would be attended with greater difficulty to bias or corrupt the niiudsof twelve sworn jurors than it would he to contaminate the mind of one individu al judge. “ There is safety in the multi plicity of counsel.” I am in hopes that my meaning will not be perverted. 1 do i.*v3|t entertain the smallest doubt but that 1 *oif^ 0Ilor decided from the best motives. must lx 1wi ^i t0 8 ‘ lew tlie * nte “! i<m whic . h MvilUinakvc influenced the Legislature in chalking wi , ^ j u( ig C an d j u . . j -'crimination have ”, K„. t . Jsupported by the our country, that 1 ue height of arrogance .-■■■;/ mg moye oo the subject. t-.try it has been uniformly adhered to, and cirried into operation by our courts. As fai as I am capable of judging, this statute appears to accord with the genius and spi rit clour government. ltdoesnot destroy the inestimable privilege of trial hy jury, but oMhe other hand comes in aid to it, and support* that law which makes it the duty of the jury to ascertain the fact in dispute. 1 have not time at present to in ike any fur ther comments upon this decision, hut per haps I may,at some future period, have , with some other adjudications, fully inves tigated. JURIST. Attempts were recently made in the Frequent their flow’ry margin, and no more, S gh for tlie cliff and cataract’s mighty roar. r.w, like the bee, go forth m welcome spring. Grateful—the epickmuse, on bolder w,ng, Delights midst warring elements to soar, And hies her home to every season’s door. When .'.1 dion sung, thought yok’d her airy ear, And, faulter ng, sought him ni dst hi* worlds mar: Go! half unved’d the ni)stick throne oi Godj And hell Seems firmer where, th* explorer trod: Cha ts, lata fearful lest by fraud undone, Sm.lcs at the rock ng of h.s anc.ent throne : A faint and feeble beam where looks the sun, Oar system’s utmost shores are lit upon ; Th’ arch fiend s there 1 ye guard.an angels rise, l.nok to voiti- wards, watch well your paradise; Vain effort! traud prevails, and over a.1, Comes ihe hot curse*—!alien man laments his tall: All, miserable! sin ..ml death we near ; The universal nature quakes tor tear; Crimes are wh.ch nothing can atune saveblocd, And mercy weeps to ope the wounds oi God. The modem theatre resounded not, As )et, with shouts ot’ just applause begot; He comes ; now cruel trage tv hath charms, Tl,e passams r.ot m her bloody arms ; VI* is Avon Shakespeare: Ainen*. may contend, But Home, in rivalship, ho name ca.u lend : America, impartial, bulge of thc^e, The boast of England and the pride of Greece.* Th* extremes l br.np; • but there’s a middle flight, ’TVixt me and those who reach th* imperial height, A station, balanc’d well in middle air, Above tne least, this bide rite brightest star : There fame hath planted constellations, bright, To glitter thro* eternity’s long night; There mav'st thou go,wi,h in ft uenc e reach, ng tar, And rise and roll Columbia’s vocal star. Come hasten to the work ; the virgin themes L e sluniliering, around Hit nupt.al dreams ; A hundred su.tors come to woo; in vain ; Dullness, to win elsewhere, returns again : An age (eventless not) rolls on, with >ears, Whose flood, on ev’ry wave, a hero bears ; And will thou, an inglorious looker-on, Behold the brave one, deeds,name,all,go dotvn ? Like streams of light from heaven’s pure spring that flow, NOTICE. 'ipiIE books belonging to the office of the C»&* X- lector of the Revenue for the 6th Colleetoar district of Georeia, .will in future Oe kept at BelK- more Farm ; all persons^ who arc interested will tiierefdre call at that place for settlement wlflj the collector. H1NES HOL th B JUST RECEIVED, it the .MiUedgcville fiook'Store y jELvJW 1 ^ American iedical Botany, *2 «)ium«’8, bvo colored plates, i iduiiton’s Gramma, of Botany, illustrated witfii ■l i engravings, .New*York nodical and Surgical Register, 8vt> Abemathey’a Surgery, volumes, 8vo Boll's Anatomy, 3 volumes, 8vo Bateman’s Practical Synopsis of varicTus discalc'J with colored plates, 8vo Chemical Catechism, new edition, with notes, il» lusuations and experiments, by Samuel Par at, F. L. S. d. 11. 1. from the eighth London vdl« tiv>n, greatly enlarged and carefuilly adapted t^ the present state of chenucal sc efice, Latrotie’s Journal of a Visit to the south o f Afri ca, in 1815 and 181C, New 1 omily Receipt Book, containing eight hurt-' dred truly valuable receipts in various Lranches of domestic economy, , F~.lix Alvarez, or .1 aimers in Spain, by it. C. Dal-f las, esq. 2 volumes, Pocket Lights, f atten’d New-York Compasses and Chains, Pocket Compasses, A few elegant Portable Writing-desks, Fresh Garden Seeds. MORRIS & GINK Milledgeville, Jan. 28,1818. 5 tf western part ofi North-Carolina, to pass Tf'e spirit of son* no Unite pause can know, x r •* . i^ii. i n A i’ it,. Its influence strikes from poic to distant pole, counterfeit ten dollar billi ot the Bank A Warms nuwllre » 8 heart, fires all thepoeds soul. Augusta, rind twenty dcilur bills on the tire the foundations ot the ear*h were laid, Planter’s Bank of Georgia, at Savannah The bills look well, but on examination the fraud may easily be deteeted. Thirteen seamen belonging to a vessel ofi Boston bourid to India, were lately ex amined before Judge Davis, in Boston, on a charge of refusing to navigate the vessel after,she had sailed, and were ordered to give bail to appfiar at the Circuit Court, in May next, to answer to the charge. Congress, at its last session, granted a tract of laud for the support of a college in the Alabama territory. It contains twenty thousand acres, and is supposed to be worth half a million of dollars. tiarmouiQU:* birth, music in heaven was made; First angels struck the lyre, then mortals sung And ages’ wondermg ears with numbers rung. What tho’ the magic sounds, begun on high, l)eep earth, responding, echo’d to tlie sky ; W'liat tho' the Ijre to thousands hath been given Are blame and praise now banish’d earth and heaven ? No single eye o’er all the scene may range. Eicviui motion br.ngs erernal change The reign of Jove saw wars on wars increase, The re.gn of Jesus is the reign of peace. ANtmsmuoN. Milledgeville, January, 1819, • SophocUt. STRAYED, 1 |TROM the subscriber, about the first insfan*# ncr.r Watkinsville, Clarke county, a dura bay se, six or seven years old next spring, about f -ur feet ten or cloven inches high, no particular marks recollected, except that he has been shod before, D.rae time past, but has no shoes on at present,-w Any person taking up said horse and bringing i:io| to me, (living near Vvhalloy's Morgan county) or giving me information so that iget him, shall rdV ceive full satisfaction for trouble and expenses. DAVID J. BRUT. Jan. 27. 5 6t MARRIED. At Mount Nebo, near Milledgeville, on Wednes day evening last, by tlie Rev. Mr. Shackelford, Captain William Taylor, of Cahaba, Alabama, It is stated that an association is forming ; Captain in Baltimore, to encourage American mnnu-1 ^ factures, and that it is expected tuat tne i ..—In Wilkes county, on the 14th ui(. by the number of members will exceed 500.. J R e v. Je.se Mercer, Mr. B. L. b.raei, of Han- 1 r _ / .U- ! cock, to Miss C. Billingslea, of the former county. Excellent samples of rum (says the Bos* —On Tuesday evening the 19th inst. by the ton Yankee,) agreeing in flavor with good r cv j>r. Egan, Dr. John B. Cummiugs, to Mrs. Jamaica, have been mad* u» DwieOi Ga, |Elu*l»»kWalk»if Auju.% 1 - T t. LADIES’ FANCY GOODS. 1 71 OK sale, retail of wholesale, on moderate terra*, at Mr. Du Bourg's store, a variety of Ladies' Fancy Goods, viz. 'I bread Laces, Silk Veils, Levantines of all colors, Florences, Linen Cambric, G auzc, Indispunsibk s, Ribbands^ Bilk Stockings, white and Hack, Ditto Gloves, Kid and Beaver d.tt<^ Merino Shawls, fcc. icr. 1 ‘" IM " ’ — "■ ■ RlLLY WOOD LIEF. G. R. S. C; IT Tlir 3JON OF TH* FOLK, H AS just received from Savannah, a general ssortmeotof the articles used in bis profes sion, viz. Ptorfiimes, Oils, Soap, Rnishes, Razors-* Cu-n multi9 alii* quae rumc pretcribcre longnm at. He has also, granges, Almonds, Raisins, Pound Cake, CrackiTs, Wine, Preserves, &.c. Supper* prepared at the shortest notice. Dum tnvimus, vivamui. Iiair Cut .Ha mode. Terms—.irgeni comptant. . Febniary 1. PERSONS indebted to this Office in th* counties of Putnam and Morgarf are iuformed !h*t their accounts are in the hands of the Rev. DAVft> L. WHITE, for collection. Mr. W. will be to atodton and Madison dtr^z the Superior Couef. at each pUcr T. IUM3.