Foreign correspondent & Georgia express. (Athens, Ga.) 1809-1811, September 23, 1809, Image 2

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i undri', would be very carmct admit of a doubt.- IV.e only pladEU objt&ioas a*e two following: 1. That a judgement founded p i prefumpeive proof, fuch r,s . orn n rumor of an article in the public prino, might condemn an ‘innocent man : and 2. That the meafuers recom rvji/.i and may interfere with the free- Ui'; of election. Upon the firfi objection it h fbfficienrto remark, that Ihouid the {ale ever occur, that a candidate for Office fhould fad in his election rrorn an unjuft fufpicion of his hav ing b n concerned in a duel, it would ftill be much better that an individual fh ruld be kept out of an office ro which he has no right by the people’s gif;, than that an atro cious crime ihou’d go longer with out coercion. The injury, if ary would flow, not from the vets, bo: in m the fufpicion which oxifted prior to if, and therefore could be no way occasioned by if. But fuch a cafe would be fo extremely im probable as not to be of any weight in the contemplation of a grand fo- Tkxnong all click to general anc cenharent fuk ur attached on this fahjrft, in would he and fficult if no: irn (Ti lde to point out an inftance of mif t;;ke. And fhould a miftake hap pen here after, the perfon accufid, i{.nowir y: “hat the charge, if be! ev ed, is to flint him out from the people’s honors, wj] not be iUw in repelling it, arid refeuir g his char acter from unmerited odium. With regard to the fecond ob jection—lnfiead of interfering vvnh the right of election* the expedient propoftd is founded upon the B-oideft and freed tx rcife of that ’ :ght. It is the prerogative or pvtry fitdtor to give or to* deny his vote to ary candidate for any rrafon which to him ft If is fatisfafto ry : or for no other reafon than h’s own choice. He enjoys a control over his own vote, which no man n:r body of men qudtion. And as lie may gNe or refufe it tef w ham {never he p! cafes, at the brae of election, fo he is at perftdc liber ty to d’ dare beforehand what caufe kail govern him in its applica* ri t rj. While the mcafure proposed does ro manner invade the freedom .k£Lon, it is recommended by moft forcible motives of public ■ ‘.iky and virtue. j The clafs cfduellifts is tco fmall •,o in.poverifh the councils or offices of the Bate by their abience. No thing will be left by leaving them out. The intended remedy agair.ft their inroads upon fociecy, addrtfles it hlf to the vei y principle on which tin y pte fefs to build their pradice -—as ferde of honci.—Cloie up the ninnies to public confidence j let ir be heard and feen, and ftlr, that C\n ifirg and dueihlls are infamous —•and their plea is gone. If, after v \ any of cur citizens fhould per il :’ i‘ the prsftice, they will convift m- dvu in the face of Heaven ,and. e:r A, of fighting from the im 4. ekes of ferocious malignity and tillclb of blood. T :• political power of the peo ple w 1 fo. arra ged ( n the fide of individ A virtue, of dcoitfhc hap pinefs md or public morals. an unhappy man who .w h r wife be hurried away c r rs of fa lie honor, and the • open icorn, will be pre . • ‘ himfdf, his family and his ft.titn of public opinion thus eftUacioufly turned agai if: a crime of dequeue occurrence and of the blacked dye, will obliterate tl.-* reproat h of cur name, and prevent: the accumulation of both gu.lt and foffering. As no rctrofpedl is defigned —what is paft being cefidered as pall—an opportunity will be given to fuch as may have been unwil lingly drawn into duels, to declare themlV 1/es in the caufe of their conviction and of truth. Such, fellow-citizens, are the ientimencs which have given rife to die Anti-duelling AJfociation of New- York. You are earneltly entreated to join in a genral and folemn refolution never to confide the interefts of your families and your country to the hands of men, who, by the future commiflion ot the crime of duelling, (hall prove that they neither fear God nor regard man. Such a refolution will refute the Hinder that your opinions are really favorable to their folly and their violence. It will put away from you, as individuals, if faithful ly kepr, the guilt of blood. It will be as beneficial to the community, as it will be c onfolatory to your felvcs. It will fpeak to offenders in a tone which (hey will not dare to defpife-—and this magnanimous conduct fhall not furniih an exam ple, no example is ever to be. fur niflierd in the courfe of human things, that fk the voice of the people is the voice of God.” By order of this meeting, “JOHN BROOME, Chairman. LEBEUS LOOMIS, Sec Ty. IQ THE PUBLIC. The intrufin of private conten tions on the notice of the world is fckiornattended with beneficial t ;a ftquences either to the public or parties concerned ; but wh re au thority ha3 been exceeded and pow er proftuuted to the baleft of pur pufes, it becomes tucutially necef fary for the prefervatlon or our li berries,’ to hold u| co view and ex ; poft the authors of fuch acts. Un der tbefe imprefilons I beg leave to fubuiit’the following ftatements of fads to the public. Some time in the month of Oc tober la ft, I was unprovokcdly and in an afihffi \ like manner, attacked by Ifaac Hughes, E'q. one of the Judges of the Infeiior Court of Morgan County at February term the Grand Jury of fa and county bro’c in a true bill again ft him foralfault and battery i he plead non guilty co the charge, and the trial was conti nued at his inftance at Auguft term j he plead guilty and begged leave to Introduce exculpatoiy affidavits, which, on examination, were no thing more than his own oath ; the eauie was ccnfequently again con tinued. The evidence which he will adduce to fupporc this oath will eventually be fhewn to have been obtained by lucb means, as on publication (which will be done in a future number) will open anew p.ege in the hi ft or y of infamy.— During ibis term He Irrved as one of the Grand Irqutlt cf the county. Though bound by every rye of con fcicnce and his oath, as a judge of the Court, confidering himlelf fhitlcltd from the danger of a prof ecucion by his infiutnee over a rna jority of the then Grand Jury, re peated h:s ails of intuits and irju nes at a time when our trial was ftiil undetermined and depending in the Superior Court, and w hen, from a protracted ftace of ill health, I was unable personally to relent his cowardly attempts. Unwilling to report to hardier ro failures, ar*d hiv ing once applied to the rivil audio, ruy f*r red rtf.!, I arpyln had recourie to it by making application to that body of which he was one. Tho* teftimony the moft refpedabk, and proofs in their nature inconcro /ec tible were adduetd ar.d fubrnitted to them, I was refilled artonement by the rejeftlon of my petition and difregard of any objedt but the 1 uppofed pre f r rvation of i he dignit y of tbeir honorable body. Thus was I ( ft dually debarred from the pri vileges conferred by our confuta tion on its citizens, which injures to them the prefervation of their lives, property and character. Thus had I to drain to the dregs the cup of humiliation and infult ; but fup ported by the confcienciculneis of ‘.he r ‘Aitude of my intentions, and a chat adieu at which the finger of ca ’u:r iv had never yet pointed, I de- V n, : and however rdudtanily (hav ing , wife and children dependent on my exertions for a fupporc) to have recourfe to the only alterna tive let. me, namely, the law of ho nor. Accordingly a note, of which the following is a copy, was written bv me are- delivered to my friend, Diftsr Cannon, with a requtft that he would take the earii,ft opportu nity of preientingic to him. Sep ember ipk, 1809. SIR, As von prefer! your ft If the fol di< r and man of courage, you can havf no obj dicn to giving rne facir. iftion for the repeated infuks and injuries I have received from you. The nature cf the fads fac tion required will be explained and the time and place fettled on by my friend Doffer Cannon. ARDEN EVANS. Ifaac Hughes, hfq. This was an appeal to his cou rage of which he had often beaded, and given fubftantial proofs when he could exerclfc ‘ton a victim unable ro efcape his malevolence, or the midnight attempts he might make on his perfon or character. But when fa: :sfaction was imperloufly demanded, he fh'unk from his poft where he thought himfelf fecure, 6c bafely took refuge in the pitiful in finnation, that my character rouft undergo an in /rft gation previous to his mretir.g ro *, which will appear by the following certificate : I do hereby certify that on Satur day the 16th inft. at the requeft of Mr. Arden Eva s, I delivered to Ifaac: Hughes, E:q. a note of which he demanded faiLfacftion from the faid Hughes; after perufal he ob ferved (hat Evans certainly could not be in er.rnt ft, „and would not let che bufinefs corn? to that iffue, but muft have been ftimulated by fom c perfon to carry it as far as he had.— He alfo expn ff--d lome doubts re lative to the hard writing; ray an fwer that I believed he was ftimu l.i ted by nor hi ng but a fenfeof his injuries, and as for the writing I was prefect when he wrote both the contents and fuperfcrrption of the note ; and I demanded a decifive anfwer. He faid he fhould give only a.verbal one, which w as, that he did not feel himfelf authorifed in giving him the iatisfa<sUon required until the validity of his oath C/ vfo* ti the grand jury was dererrnroed. JAMES CANNON. Madifon, September 19, 1809. I now for the pn-dr- .the my le .veof ad ■••s.:". a.ole p leav*ng eve: y ; (r• ■ - <. r .<■. v a ;•> irftge \\ hciher * .... a - . cue cf the Judges of the in fe; ;G 1 Lour* i of Mof ‘jfiu Cou.it •, is tijt 1 nw.vied, to a.,d does rot ncnly merit tiig eo'thets of coward, puppy and pak iroon. —U he fhould not be fatisrLq with th-s expe fidon of fuels, I card inform him that 1 have in my pof'.i feffion, & and fliall produce at the next Superior Court of this county,’ documents which will render h. nfj bla: ker than either of the above j epithets implies. ARDEN EVANS. Morgan County, September 19, 1809. fwaanawiiiw*.-'. wi.<a3.Tarja>?gißm^aK9tta ATHENS, SEPT. 23. hi c. former paper aae notified the voters of Clark county who were can* didates 3 for the aunty officers, we now inform, them that the Election for faid officers will take place on Lacjday the lyth of OSlobcr. Mr. Jack fin, the new Britifh Mi vifler. was received at STa (bin?ton Ci * 7 vo ty in the nth of this month as the JucteJfor of Mr. Erjkine. The heads of departments Separated hi three decs after —The Secretary of the Treafury went to the North war and, the Secretary of State went to Baltimore— li r e therefore conclude that there is no thing very important in agitation ■ The Britifh Mmifiry will , no doubt, appear humble again hi confequence of the defeat cf the Auftrians , as they did lafifprhig in confidence of the defeat at Corunna. By the lail night’s mail we have the French Bulletins, Nos. 24, July 4,6 c 25, July 3 ; —they are of great length, and we can only fur sain our read.rs with the following extract from the 25th Bulletin, which may Ersfy our readers that the fortune cf this wonderful man has not ye: deflated him : “Such is the re prefer* ration of the battle of Vvagram, the diftinguilhei and ever glorious battle, where tram 3 to 400,000 men with from 12 to 15CO cannon, fought for 2 great intereft, on a field which by the ene my was ftudied & fortified for feveral months. Ten ftandards, 40 can non, ao,cco prifoners, among whom are from 3 to 400 officers, and among hem are a confiderabk number of generals, colonels and majors, are the trophies of this victory. The fields of battle are covered with dead bodies, among whom were found the bodies o i fevera! generals, and among the reft: that of Mr. Nornun, a Frenchman and traitor to his country, who proftituted his talents againft it.—■ AH the wounded of the enemy have fallen into our hands. Thofe whom he was able to carry off at the be ginning of the battle, were found in the environs cf the villages. We may a mome that tke icfult cf this battle coft the Auftriin army in all about 60,000 men ; cur lofs is es timated at about 1500 dead and 3 or 4000 wounded. At the moment when the duke cf Iftria was ordering the attack of the cavalry, ids horfc was killed by s cannon ball. The fhoc ft ruck the laddie and occsfioned him a flight contulion of the thigh. The guneml of diviiion Lafalle wa? killed by a rnulkct balk He v - .’3 an cfficerof great merit and one cf tht hi ft generals of I'ght hone. The Bavarian gen. Von Wrede and the gens. Foias, Grenier, Vig nolle, Sahuc and DUrance were wounded. Cod Prince Aldbran clir/a was ftmek 0:1 ‘.l? arm by a mufket ball. The ro j ;>rs of CMC -.. .u... ~ gj : '."}'c r ‘ ‘il ard