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r ZS* n ■mawwi muaim —n -m o*o NSTIT UTIONALIST Jill OUST A : TUESDAY. NOVEMBER 8. 1831. " FLIT JUSTITM." WE are really at a loss to account for the unre lenting' spirit with which the Editor of the Chroai 1 cle pursues Judge Holt. We know he is oppos- 1 sd to the Judge in politic l .} and we have oftentimes known him magnanimous to political adversaries but as he is not disposed to allow to IVm. W. Hull 11 a single virtue under heaven”—we must take it for granted there is seme personal feeling op private grief which urges the Editor to the course he has adopted. There never was and never will be a more up- , right magistrate than Judge Holt, and if in any thing he has failed in performing his Judicial duties, 1 si is in the excess of earnestness and zeal with which he has devoted himself to the calls of his station. { The people of this Circuit justly value him, and if the coming election were left to popular vote, he would be returned to office by acclamation. We do not believe one of the gentlemen opposed to him will get « single vote from the Circuit, and the other gentleman. Judge Schley— will probably get only the votes of his party —some of whom we have rea son to know are also favorably disposed to Judge Holt. Under such circumstances, we cannot per mit ourselves to doubt that our Judge will be re stored to us by the hands of the Legislature— un- ] kss the miserable discords and contentions to which ' we have been a prey, shall make a beciuedlt xboup LEGISLATURE FOWERLE-.*. We bad hoped the Philpot Case was at reel — the man himself is at large by an act of grace of the Guardian of James, and no purpose can be held in view by reviving the old discussion, but that of do ing harm to Judge Holt—which we do not think the Editor of the Chronicle will accomplish, while the people and their representatives are the advo cates of the Law and good ordtr. And here we cannot retrain trom Hie remark, umi dm Editor and his co-adjutors evince throughout the whole of this 'transaction, a determination to dwell upon one side of this case —they will not be enlighten ed on the other—and very often do they assume for facts the suppositions of an exasperated and o ver excited imagination. Let the general tenor of their conduct prove what we assert to be correct ; when Judge Holt refuses to discharge Philpot—he is grossly in the wrong, and when he is obliged, by the act of the Guardian of James, to release Phil pot, he is also in error. Thus, let him do as he will—let him confine or enlarge—he is wrong— Wrong—wrong !—The impartial public will see at once, that this is the language of passion and not of reason. We have some words of reply to otter to'the ar ticle in the last Chronicle under the head of “ Pun »or Cass” —not that we suppose that article will do harm—because we believe—tbit subject is now pretty generally understood—but we would notice some errors which should net go Uncontradicted. It is said Judge Holt voluntarily set aside his de cision confining Philpot, by liberating him on such terms as had been befoie repeatedly offered. The Editor is misinformed—and the facts are directly the reverse of what is asserted—they are these : An application was made to Judge Holt to relieve Philpot upon certain terms—to which the Judge promptly replied, that much as he regretted the sffensive attitude towards the Law which Philpot assumed, he could not comply with the request the man was in contempt, and that contempt must he purged before he could be restored to liberty— hut entertaining no feelings but those dictated by humanity and duty—he pointed out the mode, by which he presumed Philpot'* enlargement might be obtained. Accordingly—an application was made to the Guardian of the boy James— he was assured that it was known where the boy was, that a sum of money had been subscribed to procure him—and that in all probability he would be forthcoming ear ly in November. The only object oi the Guardi an of James being to have the boy brought within the jurisdiction of the Court —he cheerfully assent cd to terms for the first time proposed —requiring Philpot to give bond and security in the civil cause, and voluntarily affording a written declaration that if it should hereafter appear to be impossible to pro duce James, the Bund as to him should not be press' «d against Philpot and his securities. The Writ of Habeas Corpus was then withdrawn —and thus the Judge in the proper discharge of his duty, was ob liged to order Philpot to be relieved, but in doing so, he did not—nor was it necessary—set aside the decision before made in the case. The enlarge ment of Philpot was effected by the act of the Guar dian of James —he withdrew the Writ, for con tempt of which Philpot had been confined—the Judge had nothing to do, but to order a registry of the procedure. The Decision of the Law in this case unreversed as we have shewn it to be by any art of the Court, has been the subject of a singular treatment. It was appealed from to the public—Heaven and earth were moved to set it aside—public feeling and pre judice were invoked against it—it remained firm and unshaken, because its base was principle,- and when taken before the convention of Judges—coh trary to the wishes, Ist it be remembered, of Philpot's Counsel, it was sustained—yes triumphantly sus tained by that convention. It is, however, said, that the convention refused Judge Longstreet's brief, i and decided upon the representations of Judge Holt alone ; and why was not the brief of the Coun sel received J—We are informed, and ample testi mony can be produced to prove, that the Counsel had openly, and in Court, declined delivering a, brief to the Judge—that none was ever delivered to| tiim—thatinconsequence.be would not receive a- brief tendered to him by the C.iardiv- o* James— 'hut afterwards « brief w,is .eat by J idge-Longstreet to Judge Lamar -was handed over by him to Judge | Holt, who presented it with a statement of the cir feumstances un ier whi h it was received--to the | convention, by which body it was decided, that it ought not, in consequence of the refusal in die first instance to give il---.mil because of the rejection of a brief from (lie other side Jo he received. Hut why talk about an ex parte decision ? Let it be produced and its errors pointed out -it is on record --where it will long remain, a monument of the integrity end independence of one of the most intelligent and i j valuable of the Judges of Georgia j The Chronicle concludes its article with a suppo sition that these people art net free - let it rest content • on thin head—Captain Hlx.vkt’s testimony is in the ; j Clerk’s office to prove that they are free, and but for an unaccountable failure of certain packages placed in the Post Office, “a cloud of witnesses” would be , present to attest the same fact. The subjoined Let-! ter will speak for itself. i Show Hilt„ September 12, 1831. "Sir —Your favour of the ?9th tilt. 1 have this mo i ment received, and in reply, beg leave to inform you that upon the receipt of your favour enclosing com mission to lake depositions in Winney’s case, I pro ceeded as soon as practi able to have the commis sion executed, and on the 23d day of May last, I en closed them with the depositions taken under them, to the Clerk of the Court as you directed. I regret exceedingly that they have not reached yoii, as the depositions taken proved beyond the possibility of doubt that she was freeborn—they were certainly placed in the Post-Office the flay 1 have mentioned i I am very respectfully, Your obedient servant, JOHN C. HANDY.” R. R. Reid, Esq. j We are sorry to sec any Print in our country Con demning th» coMVKXTtos of Judges, We do not care of whom it is composed, Clark men or Troup men—the convention Os Judges should be cherished and valued—because it produces uniformity of Law, and practice throughout the State—upon which the : rights of the people are essentially dependent. The Chronicle supposes no Circuit Decision has been ■ reversed by the convention —we could tell him of acTcral wluuh have been very uuocrirnonlouuty over i ruled. God grant that the Legislative wisdom may i ripen this almost casual—but nevertheless proper— - ' meeting of our Judges into a Court of Appeals ! s| The generalmference to be derived from the ■ Chronicle’s remarks, viz — that Judge Holt set him f,selfup to work to get out of a difficulty into which ; he had fallen—we have shewn to be unfounded, and i we subjoin a certificate and other papers to sustain ' our argument. We must add that the Guardian of • James rejoices in having had it in his power to ronr - sent—consistently with professional duty, to the re., - lease of Philpot—he never desired to have him con t fined for a single hour, and had Philpot followed the he repeatedly gave him, he would never have been punished for a contempt of the Law. The - boy James is now here —and every body must fadmit -, —he would have been separated forever from his 1 mother, and doomed to perpetual slavery but fur the r perseverance ofhis Guardian and me independence sos the Bench. We have laws —an attempt was made to evade them—it has failed— this is the sum ■ and substance of the whole affair. Augusta, s(h November, 1831. . I I certify that it was not by the advice or recom r mendation of Judge Holt or his brother, or any of, his friend o , that I offered my services to John N. ] ;Fhilpot to assist him in getting out of Jail. I was induced to inquire of Philpot, (on an occasion at [the Jail on other business,) what was the cause of his particular distress, and was informed by him that his wife and child were very sick, and that hei could not go to see them—feeling for him and his ■ family, in such a situation, 1 determined to try if I something could not be done for him by the help of I those who professed to be his friends ; and was in formed that assurances had been given and rscetv* ed that the boy James or Jim would be in Augusta r by the first of October past. I felt willing to join . with others in such a bond as the Guardian of the' boy was willing to accept ; and upon the delivery of which the Habeas Corpus against Philpot was with -1 drawn, and Philpot discharged from confinement. 1 i I claim no credit for helping a man in distress, and [ I reluctantly sign this certificate (relating to my own transactions) and would not do it, but forlhepur-i pose of clearing Judge Holt and his brother from the charge of having interested themselves in the i arrangement which was made with the Counsel of the parties in the Philpot case. lam on terms of friendly intercourse witii Judge Schley and Judge Holt—and here distinctly slate that I designed no i prejudice or partiality to either of those gentlemen t in the part I took in the matter, all the particulars . of which, 1 need not here mentiqu. . \ Given under my hand the date above written. JOHN MORRISON. [Mr. M. first interfered to aid Philpot—he is s, res ; pectable merchant of this city, and very well known' throughout the State.] ; WE have obtained a copy of the Bill of Sale from ! Carey to 'Purity-- the original is in the hands of Mr. ] • Pabdocx, of this city, '* Received, Augusta, Geo. 28th May, 1831, of, . J N. Turley, one hundred and fifty dollars in full payment, for a negro boy named Jim, about eight J ' years old, which said boy I do warrant and defend ‘ to the said Turley, as good properly, provided the said Turley takes the said buy to the Slate* of Ken j lucky or Missouri. But should the laid boy be sold or taken by any claim or claims, in the States of ’ South-Carolina or Georgia, I do not warrant theaaiu , 1 boy good property, and am not in no way bound to! i refund the whole or any part of the money received .Iby me for said boy Jim. Hut should the boy be ta ken from said Turley by any Just claim before lie can get him out of die State of South-Carolina into Kentucky, should the above time not exceed two • months from the above date, then I am bound to the , said Turley for the amount received of him, say one hundred and fifty dollars. Signed by WM. H. CAREY. •j Witness, Thomas B Smith. | We make no comment on the foregoing- -it ipeaks a stronger language than we can express. Mr. Tur ley gave one hundredand fifty dollars for the koy -hs has received three hundred and fifty dollars fur him— the money raised by subscription in this city. I The 10th of this month has been set apart by the ■City Council of Savannah, as a day of Thanksgiving. VTf see no reus ■ ■ win lh<? Ih' i Charles Jv ! i r Tlaynei should not be elected to fj’l Mr. Lumpkin’s f vacancy, «y that vacancy shall ever occur. At all! events let’s Unveonly a sin.-it candidate / J JVett? Mail Jrrangement —A short time nines, a( memorial sigm-d liv > nnmiierof the citizens olj Charleston, was addressed to the Post Master Getter ' ul, requesting that a daily mail might be establish-! ed between this city f/. Columbia. The request, we] are happy to state, has been promptly acceded to by the Post-Master General,, as will be seen by the] Setter from the (thief Clink in the Department,! which will be found below. Much credit is justly, [awarded to Mr, M L»:*s. the contractor, who, inun-j (lertatinj; this additional trouble and expense, for] [which his contract will not retmineraJe him, relies! upon an increase of public patronage for his reward.] j We stated yesterday, that a daily mail was about ! [to commence between Savannah and Augusta, and ‘also between the latter places ami New Orleans. These improvements in the system, will render a daily mail between this city and Augusta, very de sirable, St wo doubt net, from the promptitude with i which th ■ reasonable wishes of the public have been hitherto acceded to, that this additional indulgence (may be readily obtained, on proper application. [Chrs. Courier, I , A meeting of the sufferers by the late destruc tive fire at Fayetteville, was held on Wednesday last, when a statement wrs made on the part of the Cotntnissmners appointed for the purpose, of the gross amount of the receipts, which it appears, ex ceeded 92,000 dollars. Among the resolutions adopted by the meeting, was one appointing a Committee to make a suitable 1 ‘ acknowledgment on behalf of the sufferers, for the very great Mbyraliiy and kindness of the contribu tors. The. Committee on behalf of the sufferers, con sist of JohnFluske, John D. Eccles, L. D l . Henry, John W. Wright, Duncan M'Kae, K J. Hale, and Thomas L. llybart. The St. Augustine Herald states, that not one ■ Poll waa held throughout the whole Territory ofj Florida, uv.der the Governor's proclr.ms.tion, order- 1 ing a new election for a delegate to Congress. No course could more clearly show the contempt of the people for the Governor’s conduct, 1 The last Greenville Mountaineer, state’s, that Gov. Duval was in that Village on his way to Kentucky, to make arrangements for. the removal of his family |. from F lorida back to that State. It may be that this move is induced by his unenviable situation in I Florida. r fr - LOTTERY INTELLIGENCE. The following are the Drawn Numbers of the > Union Canal Lottery, Class No. 21. 29. 24 11. 44, 49, 54, 45. 2, 40. Grand Consolidated Lottery, Class, No. 21. j 40, 60 52, 63, 39,21. 50. 37, 46, 48. Dismal Swamp Canal Lottery, Class, No. 19. " 53 38, 58 33 25, 49 44 24, 36, 40. ‘f New-York Consolidated Lottery, Extra Class No. 30 -for 1831. J 37, 4. 66, 42, 39, 48, 40. 9, 58, 47. Virginia State Lottery, for the benefit of the Peters burg Mechanic Association, Extra Class, No. 4, for MB3I. = j 20, 7, 22, 13, 39, 54. 58, 44, 5(5. Si I-. 1 ■ J " ' ..... . i \ TRAC ITBING PARTIES. : am. -amassM r . jEMR-ii' Practising Party will take plarq at the 1- .Masonic Hall, .n Tuesday RVei; i;. g/iho-lfith Nov. mber mid continue Weekly through the fivoirh) of November, December and J.v uary, to r’ vh ch the Ladies t,bst attended the la.t season are respectfully invited (Seiujenrian can dbta n Tick I eta for Ladies since became residents by applies .jiiou at Ur. Urux’s Book tore, i N, H, Mr. Gitigon’s School is now open for the ■recaption of Scholars i and as it wilt certainly close in the beginning of February next, ie begs |mi those,who intend availing themselves of his instruction to apply its evt iy at possible. November B 41 TO RENT. “ The Garden lately occupied by i Ur. Think, on Walker-Street. AtS‘* A convenient Dwelling House, on ]a Lot adjoining the same—iruoi diite possession I J ] will be given. Samuel Ilele. I November 4 •• 6t 40 OcT'-?ikit 31, 1531. ITUIOm the Ist November to tlie Ist of March, • the Pos‘-Otfica wiil he opened at C, A. M. in "mead of 7, A M. November I 39 j WATEIIEI) SILKS, i li\ gTcal yav \tiy ofi Cu\qys. i —ALSO BLUE. BLACK. CKO Drt BERLINS, | Together with a hand* m■ aw iriinent of Fancy colored and plain Black Silk. o' superior qialily. 1 .lOST UECtIVSO S'? A. Knowlton's r Fancy Store. Wo 248, liroad street, l] November 4 3' 49 I j ’l'\xe AnitoaigueA HAS interested Mr Wiimxiw P. MKTmr.xxir, ! in his business of FACTOR IGF Li CO.M [ MISSION THJINSAC I'JUJVS —he returns his f thanks and acknowledgments to his friends and customers for the support heretofore received, i!and solicits a continuance to the new firm. His Ylrc, and Wattvr PtroDf i wiil be in readiness to store Cotton and M trehan llze at an esrly day, and in ns secure and conve nient a location aa any in the City. • From the interest the concern have in the navi gation of the place, they pnd"er io receive and r orward Cottons from the interior Iree of Gommh lion, and nothing more than the money actually j paid out will be charged on Cottons going to Ss vannah or Charleston, by Boats consigned to them, advances wil! b •. made on the shipments of Cotton to their friends in either of the »b > ta p'ae.-a, * A, Mackenzie. t Jfuufntta 25»h Oct 1831 t 37 Hlaiik Powers of Attorney, - Ahr tale at this Otfiee. I Sl«jtfo>n Sale. 15V C. PHILLIPS i TVUa »A\ at 10 o’clock^ jSM) HECKS 4" Inch Baggbg 4 Hilda St Ctoix Sugars 7 Q tarter barrels N i 1 Mackerel 10 U x * Windsor Glss, 200 Pounds Bugging Twine 7 Cates Horsni l! ,l* 10 Sett» Brass Andirons, Shovels and Ton s 9 198 M. 6 and 8 Tec’s 12 Dozen Mouse Traps 36 Pairs Negro Shoes Lot &c. &x. At,SO 1 Carved Post Bedstead V Feather Bed 1 MaUtaps , 0 Cane bottom ( biura ■! 6 Wi’olaor Chai a 1 Hug 1 Wash 8-and 1 Clock with Looking Glass 1 Time Piece, wi'h Oil Pointing 2 Pictures, 1 Table ,1 Sett Brass Andirons, Shoveiaaud Tongs, and sundry lirucle* of Glafcs &.Crockery &f:. &c Trims at Sale. * ’ I’uiua At \ia\t o’clock, A OENEIItt. ASSOKTMKNT OF STAPLE AND FANCf Hrjf <TSooi«o» Hard-Ware and Cutlery. ALSO NINE SILVER WATCHES, 1 LADIES GOj.D WATCH. Tetms Cash. , November 6 • H Continuation of Good Luck at Beers’. Combination, —-AO—-lift . >. , IN THE New-York Consolidated LOTTERY, Extra Class No. 30, Ji PRIZE OF 1.000 Dollars. Ntx V cer t tut v M*V r J New-York Consolidated LOTTERY.' Extra Clais No. 31. iGrowing expected on To-Morrow Night. 54 Number Lottery—B Drawn Ballots. HIGHEST PRIZE 20.000 Dollars. Tickets &5, Halves 552 50, Quarters SI 25. Trurapt attention paid to orders at IBJBIEU&a*' ■ Yotc innate tUV.cc y No. 241, Broad Street. \* Address W. P. Beers. November 8 It Drawing to be received To Morrovj Night. New-York Consolidated, LOTTERY, Class No. 31, for 18#1. 54 Number Lottery---8 Drawn Ballots. ■ SCHEME, 1 Pme of 20,000 Dollars. 1 do of 4,000 Dollars. 1 do of 2,000 Dollars. 1 do of 1374 Dollars. 4 do of 1,000 Dollars. 4 do of 400 Dollars. 10 do of 200 Dollar*. 10 do of 132 Dollars. 10 do of 120 Dollars. 10 do of 100 Dollars. &c. fete. Ac. &c. &c, Tickets 555, Half 552 50, Quarter Zl 25. IryOrdeis received and promptly atlend jed to at 1 i COSNARD’S Lucky Lottery *nd Exchange Office, corner td Brotu and Jackaon-atrecta, November 8 Jit 1 *#* A Jouinoyraan FrinUr, will find t few weeks employ, by iuimediftely sppiymg 1 at thin Oface. #ctob<T 25 " 37 ROBERT’FRAZER AN* v WILLIAM NELSON, Fashionable Hair Drnsers and Harbin, i RE I UKN their sincere thanks to their friends 1 in general, for the patronage they have hero * tofere received, and still r.olisit a cm tinuance ot e the name, by assuring their cuetomcra they will m •pare no paint to general satisfaction in their line 'I heir shop i* on M Intoth ilreet, opposite to where they lately resided, Oci< brr 14 BD I'.lil f IT I TiTiCv,"” For *of« at this Otfiet. j I miiiji— f SPLENDID SALE OF rta^rrralvE, bt v WtfLL & 00, Oa W\e 14jV\\ mat. All the Househuld Furniture belong ing to J. li. Ht, John, Eaq. CONSISTING CF— ■ Softs, Centre fable, m splendid and brilliant hotel ioned Kese Wood PIANO FOHTK, Peiu rubles; Card rubles, Dining-fables, Matitta Giaae> os. Mantle Ornaments, Vases, superb Dama-h; Window Curtains, Hntbsttls Carpels, Imperial Rugs, Chairs, Mahogany and Hose Wood Bed steads, Mahogany Wardrobe, and every article wanted for vise or ornament. The above FURNITURE is nearly all new, and presents a more splendid lot than ever baa been ode red at Public Sale ill tho Southern country Terms under jg 100 sash-trim gIOO to gJOO I - six v days -from ?( oto g 50U --ninety <luy» tivnr JJJtIO —four mr-mlia. . , "’’to* 'Pile Athens Athenian. Milledg villi; Jour nal and Washington News, wdl inm-’t the sb> ve twice, ,«.aJ forward their bills to this phv.c (u ■ payment. November 4 3l /'j S ALE OF J I S AL • ESTATE. " ,4 < the Market Mouse, the find Tuesday in De »• 'ember next, th ■ I .and formerly the proper iy of ISaj. Wm, »'■ wire : situated on Spirit Creelr and containing about 5000 dr res which has been divided in such manner an will mi! purchasers o a plan of which is will Hubei l Pm ford, Esq, bur veyor of Richmond County and id. the Planters' Hotel. Term* one fourth cash, balance payable in one iwo a..d throe years with, interest, satisfactory se curity will be required. Geo, L. Twiggs, ) a Samuel Llalo.j regents, November 4 lin 40 THE BUBSO RUBER, Har for the be tter hoc'.n 1 modal ion of hia Ct;-3* tumors taken the Stove ."adjoining' hia old aland, and converted them both into one. lie intend* •in future to keep a Larsft and more extensive ' 03P®®!& i’ll an ueiiktovoiir. Hk is wow MxoKmasi foods Suitable frr this? mk? ibe Seannn So* which will be aHdpfT ahnost vcdkly farj f• I ;■, (O* Town and country merchants will aa for marly he accommodated at a small advnnce. J. P. SIiTZE. September 9 t% STRAYED OK STOLEN. From the Subscriber, on Sunday last, TWO UmViftEfc, One a rorn with » halt! face, and I believe white feet, lie ia a good deal marked with the harness and his back note, acurrifted by the curt saddle, carries hia head very high when in harnetto. The otherMOWbE, a dailc chcamit sorrel, about eight or nine ycata old, no while about him except hia hind feet. He ia a atom writ made H'Tae, and a bout 15 hands high, lie bus also visible marks a bout him,.occasioned by working in harness. They were let out of the Stable on Sunday morning, efitly, and was seen in the afternoon going over one of the bridges of the Heaver Dam. and whe ther they strayed away them ..elves, or were taken by any parson on Sunday night, 1 am unable to say, hut whoever will give me any information, so that 1 can get them again, shall be suitably re warded. John Crane. November 4 40 Lank ot Ckalakoackie, Columbus, October 6, 18311. NOTICE is hereby given, that a meeting of the Stockholders of the Farmers’ Hank of Ohala hoochic, will be held at the Court-House, in the 'own of C dumbos, on Monday the ?th of Novem ber neat, at 10 o’ckiot. A. ad, for the put pose of electing five Director; for said Bank, to servo so : twelve t mirth a from that date , Moses Butt, ) „ , It. F. Tarver, { (T? The Ukuuit Messenger, Ceotgia Journal and Augusta Constitutionalist. will please insert the above weekly, until the day of election, and for ward their account to the Commissioners for pay men*. October Ift 4t 3d j *** The Subscriber can accom tmudate a few persons with Hoard, and on mudr jrate ter: », at the corner of Green and Mlntosh iSt reels, in a very airy ar.d pleasant na;t of Uio City. Wm. Mi'cou, Oa’ober 28 3l 38 MecAvan'din/ Bank, AuaU'.Tt. *.u(3u,t 10th, 1831. ) A N Instilr'eti*. of lO j.er cent on the Capita,■ /V Stock of tbia Hank, if required to he paid or; the 17th October, between the hours of 9 A. M •nd 2 P M i and a further Irmtalraen* id T ncr cent, on the 17th of November it-at, • :‘! -n tbs same hours, , //y order oj the Benrd of Directors, | George W. Lamar, Cashier. August Ifi J \7_ Book anA. 3ob V j Nvtlly «< this f