The Daily constitutionalist and republic. (Augusta, Ga.) 1851-185?, July 14, 1853, Image 2

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Cattstitatiflimliat k % ejittlilir. BY JAMES GARDNER, JR » TERMS: D&ilypaper (if paid in advance) ....per annum. .$» 00 Tri-Weekly (if paid in advance) per annum., a 00 Weekly (if paid in advance) per annum ■ ■ * w ACI GU BTA, GA. THURSDAY MORNING, JULY 14. FOR GOVERNOR, HON. HERSCHEL V. JOHNSON. Os Baldwin County. Factious Opposition. When the dominant party of a free represen tative coHntry like our own, has thoroughly whipped, overthrown, and beaten at all points, the party in opposition ; thus administering the popular rebuke to its untenable doctrines, and placing the seal ol popular condemnation upon all its favorite measures, the people need not expect the discomfited party to fight the same battles over again, upon the same ground, and in a fair, honest and fearless manner. They must expect unfairness, trick, false pretensions, and every variety of fraud, humburg and deception. This is the present attitude of parties in this country. By an overwhelming majority, the American people, North, South, East and W est, rose up in their might last November, and de clared their preference for Democratic principles of government, and Democratic measures of policy ; and designated Fkankt.in Pierce, of New Hampshire, as the man in whose hands the rights of the people of all sections, under the constitution of the country, could be safely en trusted. The Whig party in every State of the Union except four, was overthrown, its theo ries repudiated, its designs fustrated, its policy condemned. Not a single measure of Whig policy now stands on the statute books of our country’s legislation. The people have pro nounced against the practical wisdom of Whig statesmen —against their fitness to legislate for this nation in a spirit of justice and republican equity. The struggle for political power, there fore, on the part of the Whigs, has to be made hereafter on new devises, new flans of party warfare —under new names and disguises. If ithey thus succeed, they will, after temporary ascendency, share the fate of all former Whig dynasties, and be again crushed beneath the aroused intelligence and indignation of the Dem ocratic masses. Such, was the fate which swift ly followed their delirium of triumph in 1840, and the military furor of 1848, of which the American people so soon became heartily asham ed. Again the Whig elements are combining to make head against popular sentiment and Dem ocratic policy, in order to bring the Whig party, Whig measures and Whig men,again into power. ‘The President is at this moment the object of assault. As he advances in his career of duty, both in regard to the foreign and domestic policy of his administration —the assaults will be mul tiplied in number and ferocity. No device will be left untried to create prejudices, and in flame public sentiment against him. The good sense of the American people should he roused up to suspicious watchfulness of the designs ant motives of the factionists and demagogues of the opposition. The people placed Gen. Pierce in his pres ent position almost by acclamation. He then en joyed their confidence, their respect and their good will. The South relied on his fidelity to her rights and interests upon the question of slavery, as *jecured by the constitution of which, his whole poetical life had been an unbroken pledge. The whole North, abolitionized Vermont and Mas sachusetts excepted, pledged herself through him to adherence to the constitutional guarantees of the South, and against slavery agitation, wheth er by abolitionists or others, in or out of Con gress. All sections, North, South, East and West, united on General Pierce as the firm, intelligent and patriotic citizen who would stand up with sacred devotion to the com mon bond of our common brotherhood. Both as to defence of our rights at home and our honor abroad, the people had no misgivings when they voted for him. In no State in the Union was this confidence more deeply felt than in Georgia. Even the leading Whigs of the State testified to his pa triotism, to his manly character, and to his soundness on the slavery question. The bitter hostility of the abolitionists only endeared him the more to our people, and the slanders of Foss and Fogg only served to strengthen their con fidence in him. The Inaugural address of Gen. Pierce con firmed the good impressions which his entire previous life had made, and gave renewed assur ance to the South, and to our entire people that he was the man for the times. Those who voted for him saw no reason in the senti ments of that Inaugural to abate their confidence Fin him, or object to the policy he therein fore shadowed. He has a high and sacred claim upon those who placed him in his present position to con tinue to him that confidence until he clearly forfeits it, and to sustain him in the path of his arduous duty. When the following declaration was made by him in the face of the diplomatic corps of despotic Europe, and before the assem bled multitude of his admiring countrymen, there was sublimity in the sentiment which thrilled the whole American heart. ‘ So long as he can discern every star in its place upon that ensign, without wealth to purchase him preferment, or title to secure for him place, it will bo his privilege, and must be his acknowledg ed right to stand unabashed, even in the presence of princes, with a proud consciousness that he is himself one of a nation of sovereigns, and that he cannot in legitimate pursuit wander so far from home, that the agent whom ho shall leave behind in the place which I now occupy, will not see that no rude hand of power or tyrannical passion is laid upon him with impunity, lie must realize that upon every sea, and on every soil where our enterprise may rightfully seek the protection of our flag, American citizenship i? an inviolably panoply ! for the security of American rights.” J j There was force in it, which has impressed itself upon foreign nations, and gives this day respect for the American flag and security to American citizens in distant lands which a Whig President never commanded.— It derives force Irom the character of the man, and from the fact that he enjoyed the popular sympathy and spoke the popular voice. Let not that force be impaired, nor that salu tary respect for American rights be weakened by the capricious withdrawal of popular sopport from this truly American President. What is the ground on which Georgia is called upon to array itself in opposition to the Presi dent of its choice 7 No political issue is made in the resolutions of the Whig Convention which nominated Mr. Jenkins, with the declarad policy and measures of the Democratic party, unless the intimation of a desire, by the Whigs, to divide among the States the proceeds of the sales of the public lands, be eo considered. The only issue yet made by the Georgia Whigs, with the administration, is on the federal appoint ments to office. The different factions in differ ent sections of the Union, shape their tactics to the prejudices of their respective sections.— The Northern factionists —the Whigs, Free Soil ers and Abolitionett* of the North—charge the President with too strong pro»slavery proclivi ties. They assert that his appointments are made in deference to the Slave power of the U nion. And they denounce him and his North ern supporters, as dough-faces, truckling to ultra proslavery influence. The Southern factionists—the Whigs, wheth er calling themselves openly Whigs, or adopting the name of Republican Citizens , Conservatives, or Union Men , —denounce the President as fa voring the Free Soilers, and strengthening that faction known as the Free Soil party, by public patronage. Both sets of factions combine, for a common end—to break dow T n the Democratic party, and climb to power on its ruins. Both misrepresent the acts and motives of the President, by asser tions contradictory to each other, and equally false. The policy of the President, in appointments to office, has been founded in good sense, and patriotic motives. The democratic party, which nominated and elected him, adopted the policy of acquiescence in the Compromise Measures, and opposition to slavery agitation. Every sup porter of the administration, and every appointee to office, subscribed to this policy, and is contrib uting all his aid and influence to this end. Ev ery patriot should desire a cessation ot agitation on this subject. None but a demagogue or a fanatic would keep it up. Gentlemen have been appointed to office who were opposed to the Compromise Measures orig inally. Few the South, approved all of these measures. Gen. Sam. Houston was the only Southern Senator that voted fer all of them. Georgia, in her Convention, in w’hich she ac quiesced in them, solemnly declared she did not wholly approve of them. Few, also in the North, wholly approved them. But the democratic party, patriotically, acqui esced in them with a sincerity, and with a de termination to enforce the only unexecuted fea ture of the Compromise—the fugitive Slave Law —in a manner that commanded Southern confi dence ; and that party, North and South, elected a Northern Democrat President, in the faith of that pledge. Gen. Pierce has appointed no man to office that did not vote for him and, in doing so, adopt the platform of his party. Every man, North and South voted for Gen. Pierce, knowing him to be pledged to that platform. Every vote so given was a pledge of acquiescence in the Com promise. It is a slander, then, on the good faith, both of Gen. Pierce and his appointees to office, for the Whigs to assert that there is any danger from either, of a disturbance of the public quiet, on that question. It is not President Pierce ; it is not the Dem ocratic party ; it is not the anti-Compromise Democrats of the North, nor of the South, then, who seek to disturb that Compromise, or agitate the Slavery question. It is not from them, the rights of the South are in great and imminent danger. It is from the Whigs and conservatives at the South, and the Whigs and Abolitionists at the North, who are factiously trying to agitate this question anew, to obtain power and spoil for themselves. When such a combination succeeds in overthrowing a patriotic President, and a pa triotic party, such as now' embody the popular voice of this country, then, indeed, will there be storm and turmoil, and alarm. Then will there be danger to the best interests, not of the South alone, but of every section, and to the Constitution itself, to which all sections look for security. The attempt to defeat Judge Johnson, and the Democratic party of Georgia, is a blow aimed at President Pierce, also. Its purpose is to array Georgia in opposition to his administration, side by side with abolitionized Vermont and Massa husetts, and place the Whig party again in pow er. The clamor about secession and the seces sionists, has no foundation whatever in fears for the Union, but is a mere speculation upon the credulity or prejudices of Union Democrats. The Algerine Law. We have never felt inclined to wield the Al gerine law against Mr. Jenkins as a political weapon in State elections, although, being one of the disfranchised, we felt, when we first heard of it, resentful of the outrage and indignity put upon us as a citizen of Augusta by the invidi ous enactment. We have therefore abstain ed thus far from commenting upon the law, and have waited patiently for the history of the transaction promised by the Chronicle S? Sentinel , a Whig paper and advocate of Mr. Jenkins, in order that we might give from that source cor rect and undeniable information on the subject to our readers. It is a subject attracting universal attention in Georgia, and creating some excitement, and we could not ignore it in our columns if we de sired to do so: nor would it be proper that we should be silent, since our readers are entitled to all the information upon it we can command. In the Chronicle Sf Sentinel of yesterday, ap pears an editorial furnishing the material facts of the inception of the law, and its passage through the Legislature. We do not care to copy its arguments in vin dication ot the law, and in defence of Mr. Jen kins, as we do not subscribe to them, and do not now propose to undertake their refutation. The following is an exact copy of the Memo rial referreJ to, with the namas of the signers : “To the Honorable the Senate and House of Repre sentatives of the State of Georgia : The undersigned, citizens of Augusta, believ ing that the permanent prosperity of their city, would be promoted by a modification of its char ter, respectfully approach your honorable body with the request, that you would make that amendment of it, which they now proceed to make known. By the charter of the city, which was granted in tie year 1798, citizens qualified to vote for members of the Legislature, and owning a lot or renting a house within its limits, were alone qualified to vote for the members ot the City Council; subs quently the charter was so modi fied as to extend the qualification of a voter to all citizens ot mature age. This modification of the charter seemed to give geneial satisfaction until lately, when the facilities of intercourse with our seaboard and the North, bring to the city at times a large number of persons, who sometimes control our city election, and yet only remain long enough to exercise the elective tranchise once or twice, and then leave us, per haps forever. It appears dangerous to the un dersigned to permit persons of this description to mingle in the election of those who exercise the power of unlimited taxation, and of con tracting debts to bind the city and its inhabi tants to the latest generation. Yet desirous of treating justly and kindiy those who remain i with us but a day or an hour, and much more; those who reside among us long enough to ac- 1 quire the elective franchise; w e do not wish to deprive the latter of the rights of voting for those who shall be interested with the superin tendence of police and the preservation ot order Our object will be attained by the establishment of two Boards of representatives of the citizens —one to be known as the Board of Common Councilmen,to consist, after the election on the second Monday in April next, of members, to be elected by those possessing the qualifica tions now required by law; the other to be known as the Board of Aldermen, to consist of ■ " ■ - -members, to be elected by those who own real estate to the amount of , accord ing to the assessment made by persons appoint ed by the City Council, and acting under oath, and who may have paid a tax to the city of . The two Boards to form the City Council o Augusta. The Mayor to preside over the Board of Common Councilmen, and a Chairman to be elected by the Board of Aldermen from among the members thereof, to preside over that body. The Board of Common Council to possess a! the power now belonging to the City Council of Augusta, except that of imposing Taxes, bor rowing money or binding the City of Augusta for the payment of money or its equivalent, which said Board shall not possess without the concurrence and consent of the Board of Aider men or a majority of them. Pleasant Stovall, Greenville Simmons , Thomas Barrtt , Robert S. Dill, Samuel Clarke, W. H. Turpin, Edward Thomas, I. Henry, Thomas Richards , Asaph Waterman, John Rones, James Harper, James W. Davies, James Frazier, Samuel C. Wilson, George M. Thew, George W. Morgan, Philip Crump , John Kerr, James Hope, John P. King, William Harper, Edwin Snyder, Daniel W. Dill, John Carmichael John B. Turpin, W. H. Turpin, jr., John M. Dow, W. & J. Nelson, James S. Simmons, T. M. Simmons, Isaac Moise , James McDowall, Joseph Davis, Andrew Kerr, David Waugh, John Hill, C. B Hitt, Samuel H. Peck, T. J. Ogden, George M. Newton, Charles A. Greiner, John A. Barnes , Robt. D. Carmichael, Wm. Cumming. The names in Italics are Democrats. The Chronicle Sr Sentinel says : “We state, by authority, that during the ab sence of Mr. Jenkins from Milledgeville, (with leaved upon professional business, the Senator from Richmond received, from Augusta, a me morial signed by quite a number of respectable and intelligent citizens of the city, of both po litical parties , voters possessing, and voters not possessing the proposed property qualification, asking a change (to which we shall presently advert) in the Charter of the City. This me morial was accompanied by a letter trom a high ly respectable citizen of Augusta, informing him that “ a majority of his constituents were IN FAVOR OF THE MEASURE.” Whilst Mr. Jenkins was still absent, the Sen ator presented the memorial to the Senate and introduced a Bill, in conformity with the prayer of the memorialists, which passed the Senate and was sent to the House. On the return of Mr Jenkins the memorial was placed in his hands, with a statement of what had been done, and his attention asked to it in its progress through the House, where it then awaited act ion. This was the first intimation Mr. Jenkins had that the Bill bad been introduced, or was contemplated. When the Bill came up on its passage, Mr. Jenkins called the attention of the House to the memorial, asking the passage of such an Act. and stated that there was neither a counter memorial, nor any other expression or indication (so far as he knew) of opposition to it at home. The Bill then passed without opposi tion.” In the course of the ensuing canvass, Mr. Jenkins being a candidate for re-election, and being arraigned for his support of the law in the Legislature, came out boldly defending his vote, and defining his position in reference to the prin ciples and details of the law, in a letter of which the Chronicle furnishes the following por tion : “The year following the passage of the act, Mr. Jenkins, being again a candidate for the Legisla ture, was called upon to give his constituents through the newspapers, a history of that act prior to its passage, and to say what would be, his future action regarding it, in case of his elec i tion. Having replied to the first branch of the in quiry substantially the same as we have done, Mr. Jenkins proceeded to answer the second 1 thus : Augusta, , 1842. lam asked secondly , “what will be your fu ture legislation as regards this act, in case of your re-election ?” I answer, that must neces sarily depend upon circumstances, which I can net certainly anticipate. Should the citizens of Augusta ask no legislative action upon the suhjeat, by memorial or otherwise, shall propose none, unless it be to reduce the property qualifi cation, and thereby increase the constituent bo dy, which I now incline to think is too small. There is, however, abundant reason to believe, that our fellow-citizens opposed to the act, will invoke legislative action, will petition either for its modification or repeal. It is impossible for me to conjecture, with any satisfactory approach to truth, what modification will be proposed. I have been told, that the advocates and the opponents of the measure, would probably unite in proposing that the act be so amended as to abolish the proper qualification for voters, re taining that for Aldermen. I have no hesitation in saying, I would vote for that, or any other amendment which would reconcile conflicting opinions, and thereby give stability to the new Board, without destroying its utility. In a gov ernment like ours, the legislator’s first object should be to enact good laws ; bis second to make them acceptable to those upon whom the are to operate. In the present state ot uncertainty, as to the aspect in which this question will come before the next General Assembly, 1 can only add under this head, that if I should be a member of, I will make that the rule of my conduct. But it is proper that I should advert to the other alternative. As an individual, I must frankly say that I am opposed to the repeal of the act. Nothing has occurred to change the opinion I entertained when I voted for it. Your corres pondent has not asked for an argument on the subject, and perhaps the proper limits ot this communication would preclude one. The citizens of Augusta, however, are divided unon this question, and circumstances sometimes render it expedient and proper to dispense with an institution good in itself. If, therefore, a majority of those opposed to the act, and of those originally in favor of it, should concur in the propriety of its, repeal, I as their common repre sentative, would not set up my opinions in oppo sition to theirs, but would vote in conformity with their concurrent wishes when ascertained. I must be permitted here to notice an impres sion prevailing to some extent, that this is onlv an entering we ige to a limitation of the right of suffrage in State elections. Were there space in an article like this, I would satisfy any reasonable man, that there is a wide difference in principle in the two cases ; nay more, that there is a wide difference be tween limited suffrage for this Board of Aider men, constituted as it is, and for members of the City Council. I must, however, content my self wi h saying, that so far as I am concerned, the apprehensions is wholly groundless. I have never contemplated such a movement, and with out a change of opinion, can never propose or vote for such a measure. Whether or not this explanation will, in the language of your correspondent, “dispel the clouds of discontent which now rest upon the minds of many oi mv friends and constituents,” I know not. It is offered in a spirit of frankness and as much concession as may consist with self-respect, which no man, worthy to represent intelligent freemen, would consent to surrender. Charles J. Jenkins.” It would have been in better taste if the Chronicle had given the entire address to the public, instead of undertaking to offer its °wn commonts as substantially the same as Mr. Jenkins’. It will be here seen however, that Mr. Jenkins approved the law, but ex pressed his willingness to vote for its re peal, if such were the desire, as was cfearly indicated, oi his constituents. This pledge to vote for the repeal of the law, saved to Mr. Jenkins many votes, (our own vote among them,) which would have otherwise been with A W. Carmichael, John Coskery, Philip McGran , John P. Greiner, Christopher Low, George L. Twiggs, G. T. Dortlc, John Phinizy , Thomas H. Wyatt, Lindsey C. Warren, J. G. Dunlap, T. N. Poullain, George R. Jessup, A. Poullain, Isaiah Purse, H. W. Risley, 0. E. Carmichael, J. P. Force, George B. Reab, H. Bowdre, William H. Jones, John A. Snyder, James M. V. Cooper, John C. Carmichael, Wm. M. D’Antignac, Harper C. Bryson, T. Doonan, William Mackie, David L. Curtis , George McCord, J. B. Crim, M. P. Stovall, Robert A. Reid, John McKinzie, John J. Cohen, John Reilly, Robert Bleakly, Joseph A. Eve, J. M. Adams, Wm. T. Adams, J. C. Fargo, Thomas Davis,, John J. Maguire, held from him. Had he gone back, and Voted to repeal the law, in deference to public senti ment, while still approving it, the majesty of the popular will would have been vindicated and signally illustrated, in our opinion, and we would have been quite content with such a tribute.— But so odious was the law, that not even this pledge of Mr. Jenkins, backed by his high char acter, his fine talents, and his faithful services to his constiteunts for many sessions in the Legislature, and his accustomed majority of hundreds in this staunch Whig county of Rich mond, could protect him from defeat. The law survived only to the session of 1842, and Mr. Miller, who had proposed the bill in the Senate, the year before, took prompt meas ures for its repeal. It was consigned to the tomb with but few' regrets for its untimely fate. Re quiescat in pace. The main provisions of the Algerine Law were, that there should be an upper Board of eight, two from each ward, to be called the Board of Aldermen, whose assent was necessary to all tax bills, loans and appropriations of money by the city, and salaries of officers. The act pro vided— “ That no person shall be allowed to vote for Aldermen who, in addition to the qualifications now r required of voters, does not own real estate of the value of one thousand dollars , according to the annual tax assessment next previously made, by the authority of the City Council, or has actually paid a tax to said city of twenty-five dollars on real and personal estate, or either, within the same year preceding such election ; and no person shall be eligible as Alderman who does not pos ess the qualifications herein prescribed for vo ters.” Under this restriction, as to the qualifications requsite for Aldermen, and those entitled to vote for them, about three-fourths of the citizens of Augusta, were excluded, among whom were numbers of our most intelligent, public spirited and useful citizens. The amount of real estate to be held, or of taxes to be paid, was left blank in the memorial. The blanks were filled up at Milledgeville. What agency Mr. Jenkins had in filling the blanks, or whether he was consult ed on the subject beforehand, w T e are uninform ed. As an illustration of the odiousness of the law, we understand that one of the volunteer corps of our city, under the first indignant impulses contemplated refusing to assist in the pro tection, of the property of citizens endow ed by this Algerine law with franchises, of which most, if not all its members, were deprived. So odious was it, that the pro prietor of one of the hotels in our city, where ward elections were usually held, refused to al low the ballot-box for the upper board to enter his premises, and this portion of the election was conducted in the upper market-house. Even the citizens entitled to vote under the law, did not seem very eager to avail themselves of the priv ilege, for there were only about ninety votes polled out of about two hundred and fifty, enti tled to vote. The Algerine law was killed so dead, by pub lic opinion, that it was powerless from that time, for good or evil. It was a monster, local to Augusta. It was conceived here, and designed by its parents to be confined within our corporate limits. After being ruthlessly strangled in its infancy, by ourown cit zens, we thought it would be a refinement of cruelty to buckle the revolting carcass upon the back of Mr. Jenkins, to cripple and crush him in all future elections. We thought it was not magnanimous to endeavor thus to seek to en cumber and break down a man of his merit and ability, when he distinctly disclaimed the de sign or wish to introduce the principle of the Al gerine law into State legislation. Melancholy Accident. A letter from Lexington, Ga., dated the 12th inst., says:— tl A most melancholy end came to one of our citizens on yesterday, some mile or two beyond Athens, Ga. Mr. William P. Arnold, a high ly respectable merchant of this place ,was pro ceeding with his family to the Sulpher Spring in Hall count)', and in company with several friends. He was in a buggy alone and driving a very unruly horse—and being in the rear, his friends were a mile or so ahead of him. His horse, it seems, became unmanagable, run away and threw him from the Buggy, instantly ta king his life. When discovered by his friends, life was extinct—no doubt death being produced by “ concussion of the brain,” or “ dislocation of the neck.” A universal gloom rests upon our village, for no one has “ passed away” more res pected, or who had more friends to mourn his loss. He leaves a young wife and infant child: thus at one fell blow, deprived of a companion and parent.” Emory College Commencement. In our recent notice of the commencement of this institution, we stated that it would take place on the twenty-ninth of July: we should have said on the twentieth. [communicated.] The 4th of Juiy at Bearing. Mr. Gardner :—Celebrations of our National Birth-day have become so rare, that we think all such occasions shouldbe signified with a notice. It was oui good tortuneto visit Dearing upon the 4th and anticipate with our fellow men in the joyous entertainment incident to the day. The com pany was large, for we Piny Woods boys turn out well upon festive occasions. The day was rather inclement, but as refreshing showers are greatly needed, we heard no murmuring; it was the 4th of July, About mid-day the people began to assemble under a spacious canvass which was elevated in a neighboring grove. When the auditory had assemblad. Dr. S. Beggs read the Declaration of Independence—that sacred document which gave birth to freedom—in a clear and distinct style. It was prefaced by no comment, which was in excellent taste, for it needs none. After the Declaration was read, the Orator of the Day, Doctox H. A. Ramsey, was intro duced to the assembly. The address of Dr. Ramsey was chaste, elegant and pathetic. We wish we could give an extract, but we have not the pleasure. Let it suffice that the effort was worthy of the day, and conferred honor upon the speaker lor its taste and oratory, fully sustaining the high reputation of Dr. Ramsey as a gentle man of decided ability. After the address, which we have imperfectly alluded to. we were invited to a bountiful din ner, prepared by the liberality of citizens gene rally. and which conferred credit on their kindly feeling and epicurean skill for ot all the fine barbacues we ever tasted, it was the best. We longed for some son of the quill to be present, that he might bear evidence to all we have said of the Reader, Orator and Dinner. The audience was orderly—nothing occmed to mar the happiness of the day, but all appeared to share with each other in the enjoyment of the hour. This celebration will be long remembered as one of the most brilliant we ever had in our county, where we are proverbial for doing all such things up-brown. __ Dearing. Railroad Stock. —We are happy to inform our triends (says the Hamburg Republican, of 13th inst..) that the Books for Stock in River Valley Road, was opened on Monday, and up to one o’clock yesterday, Seventy five thousand dollars was subscribed. The work goes bravely on. At a meeting of the Provisional Board of Di rectors of the Milledgeville Railroad Company, Dr. Tomlinson Fort was appointed President, and Wm. S. Rockwell, Esq., Secretary. [communicated.] To the Citizens of Augusta. When justice is pointed at its fountain, and men are left to seek redress at the tribunal of public opinion, it is a difficult matter to keep entirely clear of technical absurdities ; as it is generally believed that the law-makers are justly charged with fortifying delinquents, of a certain class, behind the constructive technicalities of State-Law. We have here in the good city of Augusta, officers who have been elected to see strictly to the interests of this growing and prosperous community ; who are responsible to the people and the law, for a just and wise dis charge of their obligations to their constituents, both in their magisterial and legislative func tions—justice—impartial justice, ought ever to be the foundation of every act they may perform, specially to the people of the city of Augusta and generally to the people of the State of Georgia ; from whom they derive their authori ty. That this is not done in all cases is lamen tably true: nevertheless, we must have the chari ty to believe, that most of their mistakes are at tributable to the understanding and not to intent • Whether the following case is attributable to the one, or the other, or both, is left to the judg ment of the magesterial actors, and their subor dinates in the transaction, and the intelligent reader of the present article. A case occurred before the Mayor’s Court, on the 24th of May last, that has created considerable feeling ; and whether the decision of the Court on that oc casion, was in consequence of a defect of judg ment, or otherwise, is left for the reader to de termine for himself. It appeared by the evi dence on that case, that a woman had been transgressing the rules established for the good government of the Augusta Mills, and that the person in charge of the particular department where the trespass was committed, went to her and remonstrated with her, and then took her by the arm and led or pushed her a few feet from the scene of the trespass, when she said if he would release her arm, she would go away, which was immediately done. This is emphatically the substance of the evi dence given on that occasion. Now on such evidence, why was a summons issued trom that Court at all ? The defendant was summoned to answer to the charge of violating the 18th sec tion, which relates only to persons “ quarreling or acting disorderly in the streets or elsewhere.” Not a particle of evidence was, or could be ad duced, touching that section either constructive or otherwise. Why then was a summons issued from that source ? Let the following tell why. From what transpired at the trial of the case, it I was evident that the woman was a person of a 1 hasty temper and whilst in the heat of passion I went to the office of the Clerk of the City Council and stated the above evidence to him; he then issued the summons and gave it to a City Constable, and it is susceptible of proof, that the orthography of the surname of the de fendant was not on the summons, and that the Christian name was to the woman and Clerk en tirely unknown, such was the haste in the mat ter. Again, why was such a summons issued ? If any offence had been committed, was it not plainly a State offence ? What then could be the motive of the Clerk in issuing such a sum mons in such a case? Was it to subserve the ends jof public justice, or was it to get the fees ? Rea der you can judge for yourself, and no man can gainsay your verdict as pertaining to the inherent sense of justice in your own mind. The case went before the Mayor’s Court on the morning of the 24th of May. The defendant deemed it unnecessary to bring any evidence touching the 18th section, as none could be given against him touching that point, but did prepare himself sufficiently on the Statute or Common Law principle relating to the case, and then the counsel lor the prosecution, seeing his defect on the evidence touching the 18th section, suggest ed to the Court to place the defendent under bonds to answer to the charge of Assault I and Battery at the next term of the Superior i Court for the county of Richmond. The defen dant offered as evidence: Ist. The overseer of the woman to prove that I she had no permission from him to commit the \ act she was guilty of, (as he had no power to i give such permission) and that she had trespass i ed against the rules of the Mill, but because he had not particularly and personally notified that woman, his evidence was ruled out. And 2nd. The superintendent of the establish ment to prove that the defendant had a perfect and undisputed authority over the premises on which the trespass was committed, —that too was refused. The latter in itself was sufficient evidence to silence the whole case, as the veriest Tyro of the law knows, yet in the face of these facts the defendant was publicly reproved for violating one of the statute laws of the State in assaulting a defenceless and unprotected female ; and required to give bond in the sum of two hun dred dollars for his appearance at the next term cf the Superior Court, to answer to the charge. After passing to the Clerk’s office to give the re quired security on the adjournment of the Court, the defendant asked the Clerk what the fees were for the bond ? his answer was two dollars and a half, the defendant objected to the amount when the Clerk rejoined that “ he’d be d—md if he would take one cent less.” Although it is a well known fact that the statute relating to fees allow only 62£ cents for drawing similar instru ments. The defendant thought it proper to await the decision of the Grand Jury, never for a moment doubting the issue. And here it may be proper to say that years may elapse (speak ing of the jurj as a whole,) ere a more intelli gent and impartial Grand jury will be empan nelled in the city of Augusta. The result was, as every common sense man would have antici pated, that on the exparte evidence of the case the jury ignored the bill as worthless. On the above concise statement, a few questions nHff 1 be very appropriately put. And first, was the Clerk justified by either the law or the fact, in issuing the summons in the first place ? Was he justified, in exacting ex orbitant fees for the bond 1 Was the Mayor justified, in refusing the common law evidence of the case, and then deciding on that point alone ? Was he justified, in reproving the defendant in open Court, as having violated one of the Stat ute-Laws of the State, after refusing to receive evidence on that point ? Does not the act in corporating the city of Augusta, with its amend ments, require an investigation in all cases be fore the Court ? Was that investigation had, in the case above mentioned ? If it was, it entire ly escaped the notice of many intelligent men, who were present on that occasion. As to their having been any grounds for the charge, let the action of the Grand Jury answer. The reader will naturally inquire, what on earth could be the motive of the Court, in deciding that case as it did. Let his Honor the Mayor, answer that himself: we are not making any charge at present; our purpose is simply to state the facts of the case, and ask a few questions. However we will leave this point of the case and turn to another. On the sth day of the present month, a me morial was presented to the City Council, from the defendant in the above case, setting forth the above facts, and asking the fees to be refunded) that he had been mulcted of by the Clerk. H®w Was it met ? By lightness and laughter. By who? By the members present, from the first, second and third wards, of the City of Augusta. The memorial, was a respect ful one, simply asking justice at the hand of the Council, and it was met by—shall we say, a sneer. A member ot the first ward moved to lay it on the table, and one from the third seconded it, and it was carried by the members from the three lower wards voting against doing justice to the defendant: and those from the ward in favor of granting the request c? the memorialist—they doubtless manifested more self-respect and a greater regard for justice, than their compeers from the lower ward. Is this to be regarded as a specimen of the justice that the citizens of Augusta are to expect from the present Council ? If so, voters of Augusta, note it down ; keep it in your remembrance, that a majority of the City Council of Augusta, did on the sth day of July, 1853, virtually endorse the principle of mulcting a man in two and a half dollars for drawing a State bond, under the plea of violating a Statute of the State of Geor gia, when, in reality, he had done only what the Law aad common sense required him to do, and no more. Os this fact, they had, if they requir ed it, abundant evidence at their command to prove, if a doubt existed in their minds. These gentlemen may, for the present, think them selves secure but they may rest assured that a day of reckoning will come, when that and sim ilar acts will be presented with names and dates, before a tribunal that has power to check pre sumption, arrogance, and injustice ; and when that arrives, as it must, there will be those lound who are both able and willing fully to expose the incapacity and injustice of all unfaithful public servants. More anon. Vindex. Jult 13th, 1853. Col. Thos. H. Benton’s great work, entitled “ Thirty Years in the Senate,” is now in the hands of his publishers, the Messrs. Appletons, and will shortly be issued from the press. This work is looked for with considerable interest, and it will doubtless be an important contribu tion to the political history of the country. We see from the Huntsville Democrat, that the Northern Bank of Alabama, at that place, will go into operation in a few months. SIOO,- 000 in gold, a portion of the capital, had been received and deposited in the State Banking House. A fetter from Gen. Anthony Wayne, is just published, dated at Ticonderoga, April 1, 1777, and closes thus: Be assured that whatever may be the fate of this garrison (as I have a mind that cannot brook contempt) you will never hear or see ranked among the number of prison ers, the name of your faithful friend and mest. obedient humble servant. Fire. —A fire broke out last night about half past ten o’clock, in the Wheelright shop of Mr.’ S. Z. Murphy, on St. Julien, between Montgom ery and Jefferson-streets, and this shop and the blacksmith shop adjoining, also occupied by Mr. Murphy, were consumed. The surrounding buildings were all wooden ones, but were saved by the prompt efforts of the Savannah Fire Company. The buildings were owned by Mr. A. Minis who has an insurance of SSOO in the Savannah Mutual Insurance Company, which will proba ly cover his loss. Mr. Murphy’s loss is probably $2,000 to $2,500. He had some insurance in the London Phoenix Office, but his loss must be considerably more than the amount insured, as he is known to have been making ineffectual efforts recently to get additional insurance. Tho fire was undoubtedly the work of an in cendiary, as no fire had been on the premises. and the same shop was a few weeks ago fired in the day time, and providentially discovered in time to save the building.— Sav. Rep.. 12th rnst. We are in the midst of fine showery weather, cool air, and corn and cotton will begin to re deem themselves from the drouth. The crops look better in Tennessee than Georgia. In South Carolina on the low’ lands, corn is better than farther West.— Chattanooga Advertiser , 12 th inst. City Improvements.—At no time since the settlement of Macon, have we observed a great er number of Houses going up. On Cherry and Third-streets, Mr. James A. Ralston is erecting a splendid range of Brick Buildings—further up, we notice preparations lor the new’ City Hall, and on Second-street, the Baptist Congregation are commencing the erection of a new and elegant Church, and we understand, that the Presbyterians are about to build a splendid Church, on the corner of Mulberry and First streets.—Macon Telegraph , 12 th inst. Wesleyan Female College.—The annual Commencement Exercises in this Institution, opened on the 10th inst., the Rev. Mr. Cross of Charleston, preached the Commencemeut Ser mon, to a very large and attentive audience, in the Methodist Church in this city, on Sunday morning last. We learn that the Hon. Herschel V. Johnson, will deliver the address to the Grad uating Class on Thursday next. We notice thus early in the week, an unusually large as semblage of visitors from all parts of the State, to witness the ceremonies of the occasion.— lb. Awful Catastrophe.—On the afternoon of Wednesday, 22d ult., Mr. Ragland, the over, seer of Col. Wm. Porter, with twelve negroes and about as many horses and mules, took shel 1 ter from the storm in a large shed on the plan* tation, which was struck by lishtning, knockin' out the end of the building, and killing two negr® men, four mules and tw 7 o horses. Col. Porter’ g place is situated about 7 miles south of Jackson in this county.— Jacksonville (Miss.) Union , 8th ’ instant. Jackson and New Orleans Railroad .—We are gratified in having it in our power to an nounce that this work has commenced, under the direction of Messrs. DeGraff, Lindsey & Co., contractors, about two miles in a southwest di rection from town. Laborers are in demand on the road, to whom liberal wages is offered.— lb. The Weather.—For the last ten days we have had copious showers, and on one or two occasions heavy rain, with thunder and light ning. The crops look finely in this vicinity.— lb. i Likely Young Negroes at Private Sate . AT 16 STATE-STREET, and Hamburg, S. C. Consisting of PLOUGH BOYS, FELLOWS, NURSES. SEAMSTRESSES, WASHERS AND IRONERS, CHAMBER MAIDS, <tc. We will continue to receive, throughout the season, fresh supplies of N egroes, of every description, both at our office in Charleston, and Ham burg. SPIRES & WILSON, Brokers and Commission Agents, No. 16 State-st, Charleston, feb 5 ts and Front-st. Hamburg, S. C. Commercial. Savannah Exports—July 11. Per schr. Satilla, for Baltimore—9B bales Domes tics, 3 do. Sheep Skins, and 48,000 feet Lumber. Savannah, July 11, P. M.— Cotton —No sales re ported to-day. pipping intelligence. cleared for charleston. Steamship Palmetto, Jackson, at Baltimore. sailed for charleston. Brig Waitstill, Morse, from Rockport, Me. Schr. L. 11. Nickerson, from Rockport, Me. Schr. E. J. Talbot, Rockport, Me. up for charleston. Sehr. Pauline, Styles, at New-Orloans. Savannah, July 12. —Arrived, schr. Wm. Hone, Bolles, Havana. Cleared, sohr. Satilla, Staples, Baltimore, BY TELEGRAPH ' Reported for the Constitutionalist & Repoblj Charleston, July 13, p Cotton. Sales to-day, 400 bales, at’mii. ranging irom 9to 111 cents. Market firm. * New Orleans, July Cotton. The sales on Tuesday amounted t I 200 bales, and on Wednesday to 1,600. M ? dling is quoted at 10*. The Atlantic’s new was received at noon to-day, but it had no e ffJ on our market. Stock 47,000 bales. Tobacco.—The market is active and verv firm. ’ [Telegraphed, far the Baltimore S M «.I Arrival of Steamer Atlantic.—Four davs L a( from Europe. ’ A<ater f New York, July io Ihe steamer Atlantic has arrived, bringintr I 140 passengers, and Liverpool dates of the 1 ult. The city of Manchester, arrived out ; the evening of the 27th ult. n j England.—The British news is uninteresting The income tax bill had finally passed Parlia ment. 4 ‘ Long debates had taken place in regard to the 1 Indian governments. Very little was said about Turkish affairs I The general belief was .that peace would b e 1 maintained. Insurance risks to the Dannhl 1 were advancing. An Australian Steamship Company via Can. acoa had been chartered. The strike at Stockport and Blackburn amon® the cotton operatives contiues partial, but at Manchester the employers and workmen have not come to an open rupture. Mr. Van Buren was at Birmingham. M rs Stowe was in Wales. The crops in Ireland were luxuriant, and the weather in England generally favorable. In the North of Scotland rain was much wanted. ? France. —The proposed action of France in ’ regard to the Turkish question was not officially f known ; but it was reported that the Emperor 1 had prepared a formal note to Russia, demandin® to know whether her intentions were for peace I or war: being ready for either. The report adds | that Napoleon had consented to withhold the v note at the earnest entreaty of M. Kisselef, the I Russian Minister. M. Lemonie had been charged with a private 1 mission to La Plata. The Bank had declared a semi-annual divi. 1 dend of 70 francs. Agricultural accounts from the Southern De. partments were bad, several districts having § been inundated. Spain.—The frigate Constitution passed Gib. a ralta on the 15th ult. Two shocks of an earthquake were felt at the | Canaries on the 27th and 28th of May, but did f not damage. The crops in Spain were indifferent. It is 1 reported that the Spanish ports will be opened l for the free import of wheat. Switzerland. —The prospect of a settlement 1 of the Swiss difficulty is brightening. It was 1 expected that the blockade of the Piedmontese frontier would soon be raised. Italy.—The reported attempt of an outbreak in Lombardy is unfounded. The appointment of Count Burger to supercede Strasoldo, excites hopes of milder dealings towards Italy. Turkey and Russia.— Hostilities had not yet 1 broken out between Turkey and Russia, and 1 the belief gains ground that war will not ensue. Russia however continues to collect troops along S the Danubian frontier, and the Turks do not I, ceasp their warlike preparations. Baron Bunck, the Austrian Envoy, arrived at I Constantinople on the 14th, and was understood :. to be charged with conciliatory proposals, of i what nature was not known. Persia—Advices from Ezeromu to June 3d V bring intelligence of an extraordinary earthquake which had occurred during the night, by which j 12,000 persons were killed. The plague broke out next day from their unburied corpses. Inundations and the cholera had fearfully | ravaged Teheran, and the locusts had done ino- J rnense damage at Ispahan. The city of Shiruz was also totally destroyed 1] by an earthquake on the nieht of May Ist. India.—The Indian mail is telegraphed from j L’Orient. with Calcutta dates of Mcy 16th, and | Hong Kong dates of the 6th. Nothing definite I from Rangoon. Trade at Calcutta languid. 1 There was nothing later concerning the Chinese I insurrection. Australian advices favorable. i Markets. Liverpool , June 29.—Cotton lias continued J steady since the sailing of the America. The i sales of the three day’s foot up 20,000 bales, of J which speculators took 5,000, and exporters 2,000 || bales. The quotations are far Orleans 6Jd. M Middling 6 16d., fair Uplands and Mobile 6jd,, u Middling 5 15-I6d. New York, July 10. 9 Terrific Storm ancl Loss of Life. —A tremen- ~j dous hurricane, accompanied by thunder, light- j ning, and torrents of rain, passed over this city 1 and vicinity yesterday evening. A building at |] Tarry town, occupied by several families, and S containing fifty persons was blown down: and 'll only six of the inmates are known to have es- 1 caped. Seven dead bodies had been taken out 1 last evening. A large brick store and dwelling house in 1 course of erection at Brooklyn, on the corner of | Hicks and Montague streets, was entirely de- 1 molished. and the passers by buried in its ruins. 1 Fatal Casualty— Two Lives Lost.—At j about a quarter before three o’clock yesterday I afternoon, while the workmen were engaged in | pulling down the brick building at the corner of || East Bay and Broad-streets, to make way for the 1 new Bank Building, about to be erected for the I State Bank, the joists of the second floor gave || way and the South wall fell in, killing John 9 Johnson, mortally wounding James Maher, and 11 slightly injuring Samuel McLaughlin, all of fl whom were prying the centre wall at the time, t: Mr. Earle, the contractor for the erection of the new building, having his time fully occupied, had given out the work to Mr. James Woodside, g and of course left all the arrangements to that m gentleman. An inquest was held shortly after i the accident by Coroner J. P. Deveaux, on the ® body of Johnson. :§] The jury, having heard the evidence, returned | a verdict to the effect that, in taking down a J| wall at the corner of Broad-street and East Bay ■ the wall fell on John Johnson and killed him | instantly, and that “he came to his death by | accident.” 9 We cannot conclude our notice of this sad 9 occurrence without honorably mentioning the ■ conduct of C. C. Trumbo, who on hearing of the J| accident immediately sent for the hands employ- 8 ed by him in erecting the new’ building for the || Farmers’ and Exchange Bank, and, with their m assistance, removed the unfertunate men from S the ruins. McLaughlin and Maher were imme- 1 diately taken to the Alms House, where they I received every attention from Dr. Ford Prioleau, Jj Physician to the House, assisted by Drs. Steele H and Kinloch. Medical skill, however, in the I case es Maher, was of no avail, as he died last 1 evening, at about eight o’clock. McLaughlin’s ffi injuries, we are happy to learn, are not very 9 serious, and hopes are entertained of his recove- |j ry.— Charleston Courier , 13 th inst. _ W\ SUMMERVILLE “PROPERTY. I SALE, a very desirable Building LOT. adjoining the Garden of Mr. Charles Delaigl® | on the Sand Hills, and near the Turknet Spring 3 ' g For terms, Ac., apply to Mrs. E. A. BYRD, july 13 4 upper end Broad TOWN LOTS FOR SALE. I TWO fine Building LOTS for sale in the rearo* jaj Mrs. Florence’s House, upper part of Bros | street. For terms, Ac., apply to „ vS July 13 4 W. H. BYRD „ M OLD BUILDING FOR SALE. fl THE BUILDING on Campbell street be tween Broad and Reynolds, partially troyed by fire, to be taken from the premises' For sale by GEO. W. LEWIS, july 13 No. 1 Warren Bl°J> Jj Office of the Augusta Southwestern j Plank Road, Augusta, July 12th, 1853. J 1 PROPOSALS will be received at my Office ’ on. 1 Saturday, the 23d inst., for Grading, a m ing and Laying down, the Augusta S W- j? a ...5J Road, from the Terminus at D Laigle’s gate, - I Boundary street, to Richmond Factory, m se of two miles each. . - a ti fl The Survey, Profiles and Specifications, -•> g-i °° a s J touvitgl Office Aootot.ilssi:*a»oe*Banii!™i»-J I rpHE BOARD OP DUREOTOKS have 1 be paid to the st< j^g° E ß T WALT ON, Cwtefif 1 july 12