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JOURNAL & MESSENGER.
J&IKES T. MISBET AND SIMRI ROSE,
EDITORS.
In Semite of the United States.
SPECIAL SESSION.
WjUUXOTOX, March 4.
At fire past 12 o’clock, in., the Secretary of
the Senate called the Senate to order, when prayer
was offered by the Her. C. M. P-utter, Chaplain of Lie
Sotwte.
Mr. Badger submitted the following resolution,
which was considered, by unanimous consent, and
agreed to:
AWiv,/. That the oath prescribed by the Constitu
tion be administered to new members of the Senate
by the Hon. Lewis Cass, the oldest member of the Se
nate. . _ , . ,
The credentials of the following Senators haring been
heretofore read, the oath prescribed by law was admin
istered to them by the Hon. Lewis Cass, and they took
their seats in the Senate:
Hon. Charles G. Atherton, of New Hampshire,
“ Judah P. Benjamin, of Louisiana.
“ John M. Clayton, of Delaware.
“ Stephen A Douglas, of Illinois.
Josiah I. Evans, ot South Carolina. •„
“ Edward Everett, of Massachusetts.
“ Sam Houston, of Texas.
“ Robert M. T. Hunter, of Virginia.
“ George W. Jones, f lowa.
“ William K. Sebastian. of Arkansas.
“ Charles E. Stuart, of Michigan.
” John B. Thompson, of Kentucky.
“ John R. Thompson, of New Jersey.
“ Robert Toombs, of Georgia
“ William Wright, of New Jersey.
Mr. Shields submitted the following resolution,
which was considered, by unanimous consent, and
agreed to:
Resoloed, That the Hon. David R. Atchison continue
President pro tempter? of the Senate
Mr. Atchison tben took the chair, and said :
Senators; —Permit me to return my sincere thanks
for the honor which roil hare confetved upon me as an
evidence of vonr kind personal consideration, and also
of vour confidence in my integrity and impartiality.
The arrangements having been completed for the
performance of the inauguration ceremony, the Ex-
President of the United States, together with the Pres
ident elect, entered the Senate chamber, accompanied
h>- tiw committee of Arrangements on the part of the
Senate, and from thence they repaired to the platform
which had been erected for the occasion on the Eastern
portico of the Capitol, where the oath of office was ad
ministered to tbe President elect by the Chief Justice
of the Supreme Court of the United” States, in the pres
ence of the two houses of Congress, the heads of denar!-
ments, the diplomatic corps, Ac., Ac., an l an addtess
was delivered by him to the assembled multitudes, after
which the members of the Senate returned to tlie:r
Chamber.
Mr. Rusk moved that the daily hour of the meeting
of the Senate be twelve o'clock ; which was agreed to
Mr. Weiler moved that wheu the Senate adjourn i:
be to meet on Monday next; which was agreed to.
On motion by Mr. Pettit, the Senate then adjourned,
March 7, 1653.
The journal of the sjHtcial session of Friday, was
read, in which were enumerated the names of ihc Sena
tors present at this session ; when
Mr. Fish said: I rise to a question of prit ilege.
There is a mistake in the journal, in which the name
of my colleague iMr Seward,) appears among the list
of members present on Friday. He was not here, hav
ing been calk-tl home in consequence of ihc indisposi
tion of a member of his family. I hope the journal
will be corrected in that particular.
The President. It will be corrected.
Mr. Walker submitted the following resolution, which
was considered by unanimous consent and agreed to:
ResulctL, That a committee consisting <t nvo mem
bers appointed to wait on the President of the United
States and inform him that the Senate has assembled,
and is ready to receive any communication he may be
pleased to make.
Mr. W. moved that the committee be appointed by
the President pro t. fit, which I cing unanimously
agreed to, Mr. Walker and Mr Phelps were so aj point-
Mr. Clayton submitted the following resolutions Hit
consideration:
Beaded, That the President i>e respectfolß requested,
if compatible in his opinion with the public in tens:, to
communicate to the Senate the piojmM'ions mentioned
in the letter of the Seecretarr of S'ate accompanying the
executive message to the Senate of the l?th ot February
last, as having been agreed upon by th • Department of
State, the British minister, and the State of Costa Kica,
on the noth of April, 1862, having <r their object the
settlement of’ the tcrritoritil controversies between the
States and governments bordering on the river San
Juan.
Rtsolred, That the Secretary of State bo directed to
communicate to the Senate such information ns it may
be in the power of his department to furnish in regard
to the conflicting claims of Great Britain and the State
of Honduras, and their respective titles to the islands
of tßoatan."Bonaoca, Utilia, Barbaret, Helene, and Mo
rat, in or near the Bay of Honduras.
Mr. C. said : I desire to say that wiatnever I loose res
olutions can come before the Senate without interfering
with the necessary business of the body, it is ray pin -
pose to discuss the topics which are sugges'ed by them.
I hope to have an opportunity of doing so ai an eat ly
day.
The resolutions lie over one day, under the tides.
Mr. Jones of lowa, submitted the following resolu
tion ; which lies over one day, under the rule :
Rtr Ittil, That the Secretary of the Senate pay the
amount which may be allowed by the Committee to
Senate tor t he’ expetutes^ineuired during tlie last session’
in repairing and fitting up for use two rooms in the
basement of the Capifrd.
Mr. Morton. Mr President, I beg leave to introduce
the following resolution in regard to the pay and mile
age of my late anlleague, and in doing so. 1 give no
tice that I shall ask that it be taken up and acted upon
to- morrow :
Resolved, That there he paid out of the contingent
fund of the Senate to the Hon David L. Yu lee a sum
equal to the amount of mileage and per diem compen
sation of a senator from the commencement of the first
session of the Thirty-second Congress toihe 27th of
August, 18.52, the day on which the Senate d'*cided
that the Hon. Stephen R. Mallory, whose seat in the
Senate was claimed by him, was duly elected a member
of the Sena’e from the State of Florida.
Mr Soule. Mr. President, I have received a memo
rial signed by twenty members of the general assem
bly of the State of Louisiana, protesting against the ac
tion of the legislature of that State who elected my
present colleague (Mr. Benjamin > to the scat which he
now occupies. The question raised by this memorial
has been fully debated in the legislature of my State,
and, by a vote of both houses, that legislature has de
dined going into anew diction, thereby endorsing the
sctioD of the legislature who elected hitn, or, at any
rate, conceding that they had no right to proceed to a
new election. Such being the circumstances under
which this memorial has been sent to me, I comply
with the request that I should present it to this body,
and shall decline taking any further action u*>ou tlic
subject.
The President. If there be no motion for reference,
it will lie upon ibe table.
The memorial was accordingly laid on the tabic.
Mr. Mason asked leave to withdraw the petition and
papers of the heir of William Lindsay, an officer of
the revolution, praying for an allowance of five years
full pay. Mr. M. stated that he had been requested to
do so on the behalf of the lady who is the only heir. -
The papers were presented in 18 43. The paper* were
accordingly withdrawn.
Mr. Walker, from the select committee who had been
appointed to wait upon the President, and to inform him
that the Senate had met, and were ready to receive any
communication which he had to make, reported that
the committee had performed that duty, and received
answer from the President that he would forthwith
communicate to the Senate in writing.
A message from the President of ihe United States,
in writing, was delivered to the Senate by Sidney Web
ater, his private secretary.
The President pro tern, informed the Senate that the
message contained two communications of an executive
character.
Mr. Mason moved that the Senate proceed to the con
sideration of executive qusincs* ; which was agreed to.
The Senate accoidingly proceeded to the considera
tion of executive business ; and after some time sjient
therein, the doors were re-opened, and
The Senate adjourned.
March 8, ISIS.
Mr. Morton moved to pass over the prior business
with a view to take up the resolution introduced by him
yesterday relative to the nay and mileage of his late
colleague, the Hon. David L. Yulee.
Mr. Clayton hoped the motion would not be pressed,
but that the Senate would proceed with the business in
its regnlar order.
Mr. Morton would yield if there was other business
that had priority, but “expressed his great anxiety to
have the resolution taken up, as he was extremeh desi
rous to have some definite action on it without further
delav.
The following resolutions came up in their order:
Rewlced, That the President be respectfully reoue-1-
ed, if compatible in his opinion with the public iut
est, to communicate to the Senate the piopositionsmen
tioned in the letter of the Secretary of State accompa
nving the Executive message to the Senate of the lsth
of Februarv last, as having been agreed upon by the
Depart ment of State, the British Minister, and the State
of Costs Rica on the *Oth of April, 1852, having for their
object the settlement of the territorial controversies be
tween the States and Governments bordering on the
river San Juan.
Retain*!, That the Secretary of State be directed to
communicate to the Senate such information as it may
be in the power of his Department to furnish in regard
to the conflicting claims of Great Britain and the Mate
of Honduras, and theit respective titles to the islands of
Boatan, Bonacco, Utiila, Parbarat, Helene, and Murat,
in or near the buv of Honduras.
Mr. Clavton rose to address the Senate, but gave way,
at the suggestion of Mr. Badger, for a moment; when—
Mr. Bright observed that a proper organization of the
Senate required that certain committees should be ap
pointed An arrangement had been made, and the list
was in the hands of the Senator from North Carolina,
(Mr. Badger.) Ir was intended to be temporary, suited
to the present session, and at the next session the com
mittees could be reorganized.
Mr. Badger desired to add to what had fallen from
the Senator from Indiana, that there had been no mate
rial changes made, and that the rejiprt, which was in
tended to be temporary, might be considered and agreed
to.
The report of committees was then read and agreed
to.
The following are the committees
Fore'gn Relation*. —Messrs. Mason, Douglas, Clay
ton, Norris, and Everett.
flnavcs.— Messrs. Hunter, Bright, Pearce, Gwin, and
Badger.
J.oUeiary. —Messrs. Butler, Touccy, Geyer, Stuart,
and Phelps.
Commerce. —Messrs. Hand n, Soule, Seward, Dodge of
Wisconsin and Benjamin.
Pti lie La id*. —Meeurs. Borland, Dodge of lowa,
Pratt, Pettit, and Thompson of Kentucky.
Military Afairt.— Messrs. Shields, Borland, Dawson,
Fitziiatrick, and Joues of Tennessee.
.\aral. [fairs. —Messrs. Gw in, Mallory, Fish, Thomp
son of New Jersev, and Toombs.
Post (Mere an'l Post Roads.— Messrs. Rusk, Soule,
Morton, Hamlin, and Smith.
India a .[fair*. —Messrs. Sebastian, Walker, Cooper,
Rusk, and Smith.
IH-tr.rt •/ Ginrndda. —Moasis. Shields, Norris,
Badger, M allot y, and Cooper.
Patents ml'Pa'mt twix. —Messrs. James, Evans,
Dawson, Stuart, and Suinh.
R,*uls on l Canal*. —Messts. Bl ight, Douglas, Geyer,
Adams, and Sumner.
TttTtLrl**.— Messrs. Douglas, Weller, Cooper, Hous
ton, and Jones of lowa.
Gs tints. —Messrs. lWdieud, Adams, Pratt, Chase, and
Wade.
Pensions —Messrs. Jones of lowa, Vdicr, foot,
Evans and Toombs.
To a■> Id and Go.tr l C ntin. >t E p->< •<*< of the Sm
ite. —Messrs. Dodge of lowa, Foot, and Bright.
Pubii: diuildln *. —Messrs. James, Badger, and Hun-
Li rc.rf. —Messrs. Pearce, Bayard, and Atherton.
Mr. Clavton then went on to a/kiress ihe Senate at
great length in vindication ot his course in relation to
The Bui wee treaty, and ia reply to charges made against
him during the and bate on the subject of Mr Cass’s de
clarator/ resolutions; but, wiihout concluding, gave
wav for a motion to go inio Executive session ; when,
alter a brief period, the doot.s were opened, and tbe Sen
ate adjourned
March V, 1853.
Mr. Badger mdau article from a Wilmington, N. C.,
newspaper, in w hich he and Mr. Maiigumwei e condemn
ed for a gros< neglect of duty, iu failing to urge ati ap
propriation tor the improvement ot t_aje fear liver.
’ Mr B. then defended himself and Mr. Mauguni from
li a charge, showing that lie had done everything in
Ivis power to obtain such an appropriation. He had in
die difficulty obtained its insertion as an it ‘in in the na
vy appropriation b it, but it was lost in the committee
•jf conferences after a protracted contest to retain it
Messrs. Gwin, Hamlin and Borland tes itied to the
Persevering fidelity w ith which the Senator from North
Carolina had urged that measure.
Mr. Clavton lesumcd his remarks, and spoke till two
o’clock, i 1 further defence of his course in the Clayton
Bdlvver treaty. He contrasted the Hire treaty with the i
Squier treaty. and hel l ihe former to have been so un
constitutional, wild, visionary, and impracticable, that
no mm who had ever read the Consti ntion t*t the l lil
ted States would have voted for i:. This was tlie rea
on why the administration ofGeneral Taylor had m
ver sent it to the Senate for ratification, lie controver
tot the construction placed on the Monroe doctrine by
tenoral Cass and other . He denied that at any time
in the bi.vory of the United States, had the government
or any partv, declared themselves in favor of tlie Mon
roe doc rine. Presidents Jackson and Polk had both
opposed it, and Congress had repeatedly refused to de
cline it. He fur.her contended that ihe Clayton and
ilulwer treaty was btsed on principles announced by
the adiiiinistru’ions of Jackson and I‘oik, and by the
tvro houses of Congress.
Mr. Douglas obtained the floor, and the subject was
postponed till t -morrow.
Mr. James pre ented the resolutions of the Legisla
ture of Rhode Island, relative to tlie imprisonment by
he authorities of Cuba, of James 11. West, a citizen of
hat State
Mr Mason offered a resolution, which vvasagretd to,
tailing for information respecting the matter, and then
1 the Senate proceeded to consider executive business,
and shortly after adjourned.
March Ifi, 1853.
Mr. Cooper, offi-red a resolution calling for the con
tract en'ered into wi h Howland A A spin wall for sup
plving the Japan aquadmn vv.th coal, the price per ton
v hen deiive ed in be Chinese seas, the commissions,
Ac., with all tlie particulars. Also, the oflir made by
other jmrtics, sailing the prices, Ac.; and whether the
government, at t’ie time of inak ng the said contract,
I hail tut regular !r an diotized agents and insj ectors of
coal in the r commission ; whe her Howland X Aspin
wall have no. been appointed m -pecan sand agents of
coal, with an allowance of double commissions, Ac.
Tue re. cJu'ion was agreed to.
Mi. Sebastian offered a resolution, referring to the
[ Committee oil Indian Affairs all unfinished business of
last session remaining undisposed of, with like powers
land auth iritic# possessed by them before.
Mr. Mason suggested that the Senate had no power
now to transact any business not pertaining to the exc
■ cti'ive session.
.Mr. Sebastian said his object was to continue the
powers of the committee to investigate the subject
heretofore committed to them, relating to the conduct
ot the Superintendent of Indian Allans in Minnesota, j
lie modified his resolution to express this object, and
it was adopted.
Mr. Bredhead, of Pa , offered a resolution continuing
the clerk of the Committee on Claims. Adopted.
Mr. Badger, of N. C , offered a resolution directing ;
the Secretaiy to pay GaJc> A Seaton at the r.i*e of £7 .50 j
i per column for publishing the debates of this session, j
and tor such parts of the debates of last session as may j
have been published in the l.UiLhjtiuxr. I-ltd over. I
Mr. Chase, of Ohio, offered a resolution providing for j
printing -< 1 additional copies of Captain Slavey’s rejiort
of the exploration of the waters ot the Red River. Re- I
‘erred ;o the Printing CoiuniitUe.
The Senate resumed the consideration of Mr. Clay- j
ton’s resolutions on Ccti tal American Affairs, which 1
were discussed by Messrs. Clayton and Douglass, until
Mr. Mason got the floor; afer which, the Sena'e went i
into a short Executive Session, and adjourned.
Tribute to President Fillmore from his Cabi
net.
Le'l-r to Pre*went F Untore.
Washington, March S, 1853.
Sir As our connexion with you is about to termi
na*e, w e cannot forbear to give utterance to the feelings
of unniiugled satistaetioii with which vve look back
upon our official and personal intercourse. We have j
witnessed w ith admiration your untiring devotion to ;
the public service, and your patience and assiduity in t
the discharge of the incessant and laborious duties of j
vour office. Near observation has afforded its innume
rable proofs of tbe enlightened and comprehensive re- I
sard r<r the best interests of the whole Union, which j
von have bt ought to th^execution of the high trust
which devolved upon you under circumstance# of pecu- !
; liar embarrassment. For the fidelity to its best interests
you have thus manifested, the country, vve believe, will
yet, v. i h one voice, do you ample justice
i We have the greatest pleasure hi adding, that the
j unbroken harmony which has prevailed in your Cabi- j
, net, and between yourself and all its members, has j
j greatly facilitated the performance of our arduous la
: bors.
With our united best wishes that your health may
be preserved, ami that the country may long have the
benefit ot your patriotism, experience, and high intelii- j
geticc, we remain, dear sir, your .sincere friends,
Edward eveuett,
THOMAS CORWIN,
A. H. 11. STIJ \RT,
M. CONRAD,
J. I* KENNEDY,
J. J. CRITTENDON,
S. I) HUBBARD.
To his Excellency Millard Fillmork,
I’resideut of the United Slates.
Reply >f Pres dent FiUsnore.
Washi.notox, Mari ii t, 1853.
Gf.xti.emex: Your kind note, which was handed me
last evening, was as unexpected as it was gratifying.
While I cannot flatter myself w ith the idea that 1 am 1
justly entitled to all ihe prune which your friendship
has so generously bestowed, 1 am frank to confess that
I do feel a consciousness that 1 have spared no pains to
merit it. Os this, however, you are the best judge*.
You have been my dailv companions, and can best a; -
I predate ihc motives with which I have discharged my
official duties. But it is due to you, and to those who
preceded some of you, as my official advisers, to say
that the success of my Administration is chiefly owing
to the wisdom, harmony, fidelity, and ability of niv
counsellors; and that the country, as well as myself,
owes them a debt of gratitude which I doubt not it will
recognise in due time, and cheerfully discharge.
No President was ever more fortunate than I have
b**en in the selection of his Cabinet. No manifestation
of unkind feeling, or even a hard word, has ever distur
bed the harmonious action of the council board. This
cordial unanimity has not only advanced the public ser
vice, but has been at all times to me a source of unalloy
ed satisfaction. I shall ever reflect upon our social and
official intercourse with great pleasure, and cherish, to
mv latest breath, the disinterested friendship with
which it lias been marked.
1 “lease to accept my sincere thanks for the faithful,
able and satisfactory manner in which you have res
pectively discharged the arduous and responsible duties
of your several offices, and also my best wishes for your
health and prosperity; and believe me, gentlemen,
your sincere friend, MILLARD FILLMORE.
Hon. Kiih auii Everett, Thomas Corwin,
Alex. ILil. Stuart, Crarus M. Cox
rvd, Jo* I’. Kennedy, John J. C’rit-
TKMir.N, S. D. UlBBARI).
Territort or Washington. —A new Territoiy with
this designation was created, and provision made for
its organization, by an Act of Congress approve<l on
the 2d irst. It comprises that part of Oregon which
lies North of the middle of the main channel of Colnm
bia river, to where it ct osses the -frith degree of latitude,
and thence along said degree of latitude, to the top of
the Rocky Mountains. The land occupied bv missior.-
Jarv stations, not exceeding 040 acres to each, together
! w ith the improvements, is expressly reserved and con
I firmed to the Missionary societies respectively which
1 established tbe same. St-ationsth.it were so occupied
prior to the passage of the Act organizing the Territory
;of Oregon, are also confirmed to the Socie ies wliicli
established them, even though they have since been
abandoned.
! The Greek ok Homer.—An effort, says the llss.'*
master Renew, has been made by Mr. Blackie, Pro
essor of Greek in the University of JJdiaburg, to re*
! form the pronunciation of Greek in that University.—
. He is teaching his students to pronounce Greek ns they
! do in Greece, insisting that it is not dead, but a living
i language—as any one may see by looking at a Greek
newspaper. Professor Blackie gives au extract from a
newspaper printed last year at Athens, giving an ac
count of Kossuth's visit to America, from which it is
evident that tbe language of Homer lives in a state ol’
purity, to which, considering the extraordinary duration
.of its iiteiary existence—two thousand five hundred
vears at least—there is no parallel perhaps on the fiiee
of the globe. After noticinga few trifling modifications,
which distinguish modern front ancient Greek, he
states, as a fact, that m three columns of a Greek news
paper of the year 1852, there does not occur three
words that are not pure native Greek ; so very slightly
has it been corrupted from foreign sources —Eccaing
Port.
MACON, GEORGIA :
WEDNESDAY, MARCH 10, 1853
Parson Brownlmv, of Knoxville, Tennessee, rn
rov‘s for Susannah, whither he proceeds on private
business, spent a few day# in our city —pleached on
Sunday in the M. E. Church, and delivered a Temper
ance Lecture on Monday evening at Concert Hall.
J Mrs. Bostwick, a rocalit of some celebrity at
tbe North, and a lady of great worth, we learn w ill
give a series of Musical Eufcttaiuuients in this city,
commencing probably <>:i the 20th inst. B>he is un
known to the jHXiple of Macon; but we feel authorised,
by what wc have learned of her character and talent, to
recommend Tier to their liberal patronage.
Why not?
Our City Fathers are about to desert the building
which obstructs Mulberry-st., and which is, by courtesy,
t'.ie Market House, and to erect, in a more eligible posi
tion, a comfortable building, to which they will tr; u-f'ci
themselves, their sessions, und the city offices. W ith
this design, they have purchased the vacant lot on the
corner of Cherry and Second-sts., belonging to the es
tate of A. C. Morehouse, deceased, and have appointed
a building committee to receive plans and proposals for
a City Hall, and to superintend die erection of the same.
This is a very laudable enterprise; and together with
the action of tbe present Council with regard lo othei
citv improvements, leads us to hope that the obstina e
f. gyism which has ruled in our city government for
many years, has been overthrown, and that we shall,
at length, have some of the conveniences and some of
the pomp and circumstance of a city, as we have for a
long while had the charter, the name and the taxes of
one. No plan has yet been adopted for the construction
of the pixqioseu City Hull. Mhy may not the Inferior
Court unite with the City Council, and provide a Couit
Room and all other necessary county offices in the same
building with the city offices. The expense would be
lessened, if borne by the city and county together, and
a building would be erected which would bean orna
ment to the city, and at the same time amply sufficient
for the wants of county and of city. “1 he present Court
house is removed fixim the business portion of the city;
and every Judge who has presided in this Circuit,
knows the inconveniences attending ihe session of a
Court in this city on that account I’art ies and w itnesses
have to he sent for regularly as every case is sounded,
because the Court cannot compel their attendance for
six weeks, at a distance from their places of business,
and tlie sessh nos the Court is consequently prolonged,
and its business dragged through without satisfactit nto
its Judge, bat or clients Some change must, in a few
rears, be made, atul the question is, whether the present
*s not an opportune time. The question of tlie location
of the Supreme Court at sonic central point, is agitated
bv the public press. Macon presents advantages over
every other place in the State for such location. It has
extensive law libraries, fine hotels, is central and acces
sible ; but has no building fur tha accommodation of
the Supreme Court.
The county has no money in its Treasury, though
it is out of debt; and unless its Inferior Court can dis
pose in some way of the present Courthouse, the erec
tion of another should not be at empted. This matter
lias been suggested to us by others who have a dee])
interest in the prosperity of our city and county ; and
in this paragraph wc design simply to call public atten
tion to it. What say the Ilocoiable the Justices of the
Inferior Court *
Since the above was in type, we have learned by the
proceedings of Council, handed us bv its Clerk, that
Council has adopted the plan for a City Hall, proposed
by its building committee, and furnished, we believe,
by Mr. Hogg, of Savannah.
E\-l*residcnt Fillmore.
Wc refer our readers to the proceedings of Count ii
on the 11th inst., and of a meeting of citizens, held in
this city on Monday evening, to make
to welcome Ex-President Fillmore to Macon, which
will be found in another column. We perceive
by an article in tlie Rid won l H'ii;/, that Mr
Fillmore was expected in Richmond by a special train
on the evening of the 10th inst. The Xttiwi l In tell -
ejmerr of that date, however, states that he hud, up to that
time, been prevented from leaving by the indisposition
of a member of his family. It contains also, tlie sub
joined letter, numerously signet! by the citizens of
Washington city, by the three latest Ex-Mayors of that
city, by Whigs and Democrats, by mechanics, mer
chants. professional men and others, w hich was sent to
Mr. Fillmore on the evening of the Inauguration day.
It h is not the signature of a single office-holder; and
was JldllrpSiOit tnr.nu l<o/t r,.. Ununao
and no favors to bestow, “it is, therefore, as tbe
I.it* l n netr remarks, “ difficult to resist the impression
that these gentlemen meant simply what they say, and
moved alone by an os'com lor Mr. Fillmore’s personal
character, and cr.itcful for a just and wise administra
tion of the Presidency, felt naturally a wi-di to assure
him on hi departure from the Federal Metropolis, of
the respect and regard he leaves behind:
Washington, March 4, 1853.
To his Excellency Mili.ard Fillmork,
Kx-President of the L T . States:
Sir: —The undersigned, on behalf of themselves and
other private citizens of Washington, would wish to
wait upon you at the point of your departure from the
city, if the hour be a suitable one, so as to mark at once
their personal respect for yourself, and their sense of
your services to the country iti the post of President of
the United States And they would be glad, therefore,
to learn the route by which you will leave Washington,
and the period at w hich you propose doing so.
Remaining, with great respect and truth, your obedi
ent servants, * —.
2-55?” The So. R e r ler of the Kth inst., contains the
official returns in the late election of a Judge of the Su
perior Court of the South Western Circuit, which we
give below. Mr. Perkins of Randolph, who was the
successful candidate, is a gentlemen who has character,
talent, and acquirement, and will doubtless adorn the
station to which he has been elevated by the suffrages
of the people. If tlie people always elect such men to
Judicial stations, the change in the Constitution by
which the election of the Judges was given to them,
can not be regretted.
The following is the official vote :
Perkins. Lyon Brown.
Sumter 74 58 ‘285
Lee L 53 16.5 friO
Randolph 583 155 19
Decatur IG7 !*! ! 12
Baker 162 270 6
Early 212 132 44
Total 1321.879.. . . . . ..446
Important Itailroad Decision,
M acon & Western R. R. Cos., j Supreme Court—Feb
t't. ,-tuary Term, lt>s3
Adm’hs ok W. Boon, dec’d. ) Macon, G:.
C. B. Cole, for ITU’ in Error—S. T. Bailkv, for !)■•;’t
Held—That the act of 1547 making the Railroad \
Comp mii sos this State liable for damages to live stock ,
and < Pur property, so far as it is not repealed by tin
act of 1850, is Constitutional;
That slaves are included in the words of tlie act, lie
st ck <r “tier projtrrty;
That the firet section of the act of 1x47, which de
clares that the Railroads shall be liable in law for dam
ages done to live sfr-ck or other property, does not make
them liable at all events, but makes them liable accord
ing to ibe rules of law governing like trespasses iu oth
er cases;
That the act of 1850 repeals so much of the act of
1847, as provides for an action for the damages after the
award is made, and as makes the award conclusive as
to the damages, and as provides fifty ]ier cent, damngi s
and other extra costs; and that the act of 18-50, iu giv
ing the Railroad Companies the right of appeal, admits
them to ali the rights of defence to which by law par
ties appellants are entitled on the trial of other appeals ;•
That the proceedings for the award, as provided by
the act of 1*47, must b- hid m ih.it Magistrate’s dis
trict nearest tlie place ut which the injury is done, on
the line of the road, and in the direction in which the
train is imining when the injury is done—that the ap
pointment of an arbitrator by a Magistrate, iu tbe con
tingency mentioned in theSiattiie, must be by a Magis
trate of that district, and that the arbitrators appointed
must bo freeholders of th.it district, ami that these
things must appear upon the record of the proceeding#.
And further, that it must np]s.-ar from Ihe retold that
the agent of the Railroad did not give notice of his at
tend nice at ihe Depot of Ihe Company in tlie district
last named, to hear complaints as to tfnuuges done to
live stock or other property.
We were unable to procure from the Reporter, the
head notes of the decisions of the Supreme Court during
its recent session in this city. We have, however, ob
tained from one of tlie Judges of the Court, Ihc sylla
bus of the decision, wlrch wo publish above. As it
affects the liability of Railroads under the acts of 1647
and ISSO-\>l, it is a matter of public interest. The
act of K*47 was one of the most extraordinary pieces of
legislation which has ever been accomplished in this
State, evidently vindictive in its inception, as it was -in”
just in its provisions, and reflecting that popular feeling i
agninst Railroads which has been so apparent in the
verdicts rendered under it.
liT G eneral Cass was summoned home by a tele
graphic dispatch received on the 6th inst.. announcing
the serious illness of Mrs. Cass. lie left Washington
City on the morning of tbe 7th inst., for Detroit.
The Supreme Court.
We notice an article going the rounds of several
presses in this State, advocating the abolishing of the
Circuits of the Supreme Court, having but one place
for holding the Court in this State. He ear nesUy ob
ject to such a change, for divers good and sufficient
reasons. First, the great objection to the l ourt, was
the increased expense to the part ies—-have but one place
of meeting, and the expense of travel, alone, from every
part of ilie S'ate, except the central portion) would be
and uiblc the present cost. Again, attornej s, having bn
ic.v cases would be detained month*, perhaps, waiting
tor them ; this would be another item of increased ex
pense, in money and time. It would, neeessaiily, ex
clude a large per.ion of the bar mini attendance at the
Court, and establish u class of Supreme Court lawteis.
We detest distinctions tnd classes in society they are
vnt’-Republican
Several articles have appeared, recently, in different
papers of the State, advocating tbe abolition of tbe
Ciicuits of the Supreme Court, and its location at one
ceil ral and accessible p'int. The public mind is ready
for this and for other reforms much needed in the or
ganization of our highest judicial tribunal; and we do
not doubt they will be effected at the next meeting ot
the General Assembly. The article above, which we
take from the CitstcilleSt indird of the loth inst., is
the first indication of ditapproval of these pioposed re
forms which we have noticed from any quarter; and
we regret to see it, as we have approved of tbe edito
rial conduct of the Standard since it has been under
the control of its present Palinunjs. The perfection of
our Jud ciary system, and the sccurement of a wire,
mpartial and just administration of the laws ot the
State, is of far more inport an ce to the people of Geor
gia, than any question of local or national politics
which will demand their attention during the present
rear, and we had hoped and still hope, that this object
would be kept free from the conflicts of party, and that
by calm and deliberate discussion of the means to at
tain it, a public sentiment would be formed, which
would force the subject upon the attention of the next
Legislature.
The Supreme (’ourt is firmly established in the confi
dence iff the ]>eople of Georgia. Its Judges, by their
patient, able and unswerving discharge of their ardu
ous duties, have commended the Court to the people,
and have commanded for it the confidence and respect
of the profession in Georgia and elsewhere. When we
consider the difficulties and obstacles which it encoun
tered at its outlet, and the many embarrassments under
which then, at now, it labors, we are surprised at the
efficiency of tie Court, and at the high position to
which it lias ttniggled. To maintain that position, it
needs no bolstering up. But out object should be to
increase its etlciency—to remove the disadvantages un
iter which it libors, and to give it every advantage and
every facility for the easy, safe and expeditious dis
charge of its important duties. Our contemporary of
the Standard seems to think its present organization
perfect, as he is opposed to any change in it. Docs he
not recollect the difficulty with which the Court bill
was originally ptssed, and does lie not know that it was
framed, not as its friends felt it should be, but as they
knew it must be to meet ‘he popular objections which
were then urged against a Supreme Court for the Cor
rection of Error . Tbcsei Injections were, that, it would
vastly increase the expenses of litigation, and give rise
to endless delay in the business of our ( ourts. To ob
viate these, the ibnoxious features of the bill were in
serted. The Coart was required to travel to its clients
and to give judgment at the first term in every case up
on i.s docket. It was made a cheap and expeditious
machine. The.udges, by these provisions of the law,
were required to undergo a great deal of expense, of
phvsical labor aid discomfort, to hold their terms where
there were no law-libraries, and to determine tbe cases
befi re them w ith a haste unbecoming an Appellate
Ti iiin.i.d, and necessarily resulting, occasionally, in dc
cisdoir-which after-thought and investigation has con
vinced t hem were erroneous. Every intelligent lawyer
knows that these are defects ; and he farther knows
that there is no earthly reason for them. The reasons
which led to their introduction in the Court bill, have
been found, by its practical working, not to exist.—
The Court would be as cheap and as expeditious w ith
out, as it is w ith them ; except in cases where expedi*
tion is not so desirable as a reliable and satisfactory
judgment. If they are defects, and if no good reason
[exists for them, why should these provisions continue
in the organic law of the Court? The Court should be
1 ies ted at some central and accessible point, and its
judges should be permitted, when they are not fully
and completely satisfied upon auy point, to withhold
judgment for a while under au adcutari cult. These
changes would lessen the expense and physical labor of
the Judges. These, however, are unimportant consid
erations in companion to others, by which these
changes arc recommended. It they were effected, they
would give to the Judges time, libraries and opportu
’.u 1 v -te their decisions and make them after
cart tm, ji.i ieut reseiueu <mu leuection. Law does not
come by intuition,! and it cannot be imagined. It is
w holly, utterly an acquirement. There cannot be, there
should not be, any originality or invention in the ad
ininistration of Georgia law, except in its application.
Its great fountains are recognized, and the duty of its
administrators is laboriously and patiently to trace the
currents of their streams. To do this they need time
und books These the proposed changes in the organic
law of the Supreme Court would give to its Judges,
and the Court would be a*cheap and as expeditious as it
is a. ic. The expense of attending Court is a question
for its bar and not for its clients; because clients never
attend its sessions, and to its bar the expense would be
as small as it is now. Instead of traveling to half-a
dozen points in the State, as an Attorney of the Su
preme Court is compelled to do, he would travel to one
—central, convenient and accessible.
But, says tbe Cass mile Standard, the location of the
Court at one point, “ would necessarily exclude a large
portion of the bar from attendance at the Court, and
estulilir.ii a class of Supreme Court lawyers. We de
test distinctions and classes in society—they are anti
republican.” So do we, when they are arbitrary, cus
tomary, or caused by legislative enactment. But they
are natural, usual, and inevitable, and- arc < recognized
by the editor of the Catsvilie Standard every day and
hour of his life. He instinctively gives more consider
ation and respect to a man who has more prudence,
more sagacity, more wisdom, more talent, more ac
quirement, or more virtue than his neighbor, lie in
stinctively yields greater deference to a man of great
character and intellect, than to one who vegetates
thiough life, without u will, an idea, or an object, and
he makes distinctions where the law recognises none.
So, though we do not believe that the effect of the lo
cation of the Supreme Court in one place would be to
“create a class of Supreme Court lawyers,” yet if such
a class exists, we shall not attribute it to the organiza”
Eon of the Court, but to the fact that certain members
of the profession have proven themselves stronger and
abler than their brothers, and are consequently recog
nisul as more competent to conduct business before the
highest tribunal of the State. Is there any thing unti
r,‘publican in this? On the contrary, i.s not this prompt
‘recognition of merit essentially democratic and pecu
liarly republican ? Will not our esteemed contemporary
of the Stan lar 1 reconsider this subject ?
“t ’ The Clayton-Bulwcr Treaty has been again un
der consideration in Ihe Senate, and the discussion of it
has been led by the distinguished American negotiator
himself Every one remarked the lamentable igno
rance which was exhibited by the Senate with regard
t i the geography and political divisions of Central
America, when the subject of the Clayton-Bulwer tica
! 1 y was first introduced in the Senate by General Cass*
Their discussions upon it have completely be-fogged
the public mind. Senator Clayton, we trust, will not
only vindicate his character and his diplomacy, but
give us some intelligent idea of Central American af
fairs. We perceire that he concluded his speech on ihe
9th inst., a synopsis of which will be found in the re
port of the proceedings of the Senate in anothe r col
umn. We hope to be enabled to lay the speech before
l our readers entire in our next issue.
Hom'd ol Visitors to West Point Academy.
| The following is a list of the Board of \ isitors to the
Military Academy, appointed by the President for
18.13:
Hon. 11 a Niki. Goodexow Maine.
Il.ni Wm. G. Bates Massachusetts.
C. W. Andrews, Esq Connecticut.
Henry E. Davies, Esq New 1 ork. _
Francis Hewson, Esq Pennsylvania.
Col. .lohnC. Groom Maryland.
Hon. Kenneth Kayner North Carolina.
Maj. A. V. Brumby Georgia.
(Jen. 1). Jarvis Ohio.
.1 onsra Baker, Esq Louisiana.
Prof. Henbt Tutwiller Alabama
Rev. James PcrviaNCE Mississippi.
Maj. G. T. Ward Florida.
Gen. George Turtle lowa
1 Henry 8. Baird, Esq Wisconsin.
; 1
Z3gT The Maine Legislature, on tbe 4th inst., indefi
i litely postponed the election of United States Senator
‘ There will be a vacancy in the representation of th s
State in tbe Senate, as in that of North Carolina, and
’ the Governors of each of these States may make nomi
, natiorc to fill them.
The Inaugural Address of President Pierce
has been favorably received by the press generally, and
wo would beg our readers to contrast the comments of
the Whig press upon it, with those of the Democrati c
press upon the retiring administration, as this may
serve to show how whigs and Democrats respectiv el\
make war for their principles and their policy. By the
partiznn Democratic press, it lias been received as the
utterance of an oracle—as something extraordinary and
miraculous—and flattery has been heaped upon flattery
until the language has been exhausted of complimen
tary expression, and party-flunkey ism has reached its
climax. We see nothing remarkable in the iii.iug.nal
of General Pierce, and nothing which distinguishes i?
from many which have preceded it, except perhaps i s
inflated and extravagant style, it lias nothing ol the
severe simplicity which has usually characterized the
Inaugurals and the Messages of our Presidents, and
which good taste imperatively demands in any grave j
State paper. The style which is proper upon the hust- j
ings, and which is necessary in quelling a mob, o: j
storming a battery of gut it, is not, according to Ih'i j
canons of good taste, suitable or becoiniug in tlie an
nouncement of the policy ot an administration, where
the matter is of too much moment and importance and
significance, to need or to bear the meretricious orna
ments ot rhetoric. The style, however, is secondary in
importance, and, in fact, insignificant in comparison to
the matter of a Presidential Inaugural. We are glad
to be able to express our unqualified approval of the
nutter of Gen. Pierce’s Inaugural. A more careful pe
rusal lias confirmed the impression which was created
by a hasty glance, that there is nothing objectionable
in it—nothing to alarm the sound, national and conserv
ative men of the nation, whether found in the ranks of
the friends or of the opponents of General Pierce.—
Among the reflecting portion of the Whig and Demo
cratic parties, the advent of the new administration has
been watched with anxiety, and with fear that it might
adopt and give to political heresies and to progressive
theories, which have been recently mooted, the sanc
tion and the power of the General Government. It is
gratifying to know that these fears have been dissipated
by the strong and decided language of the Inaugural,
and that so tar as the committals and the language of
its chief may influence the policy r>f the present ad
ministration, we have a guaranty that it will be sound,
conservative and national.
We do not regard the vague generalities of the Mes
sage, or the proscriptive policy which it indicates, with
regard to Whig office-holders. This last is justified by
necessity, as well as by precedent. We look to the
more important and more significant parts of the Mes
sage—to those in which the foreign and domestic policy
of the Government are foreshadowed, and in which
every citizen of the Republic has a deep and immediate
interest. The prominent, salient points of the Message,
are the references which it contains to future acquisi
tions of territory, and to the subject of slavery; and
upon both of these points we may cordially endorse
the declarations of General Pierce, without doing vio
lence to our Whig principles, or abating one jot or tittle
of that high admiration with which we have regarded
the administration of Millard Fillmore. The President
endorses the Monroe doctrine, in language which is a
re-allinnunce of the declarations of Mr. Everett on the
same subject, in bis note to the Ministers of France and
England upon the Tripartite Convention. The Presi
dent endorses the Compromise Measures in language
which is equivalent to nothing more or less, than a
strong and explicit re-afiinmtnce of the leading policy
of the administration of Fillmore—upon which it was
based, and by which it must now, as a matter of histo
ry, be judged, llis language upon the Compromise is
clear and decided, and concedes nothing to that large
class of his most clamorous and zealous supporters at
the North and at the South, who, in their opposition to
the plan of adjustment, advocated disunion, or were
committed to the heresies of secession and higher-law.
Upon the important subject of slavery, which, at the
South, is not a question of opinion, but of honor, of in
terest, and of safety, Gen. Pierce is sound to the core.
This consideration alone gives to his administration the
prestige of success at the South, and precludes the idea
of any factious opposition to it on our part.
It remains to be seen whether the jMolicy of President
Pierce’s administration will accord with the declarations
of liis Inaugural. It may be vo jet preterea nihil,
and upon a review of the acts of his administration
four years hence, we may be obliged to exclaim, in ref
erence to the Inaugural, “Oh monstrous! but one-half
penny worth of bread to this intolerable deal of sack.”
Yale College and Abolition.
Mr. James Hamilton, a Southern student at Vale Col
lege, has written a letter to the New Ilaveti Register’
defending the South from the attacks of Abolitionists,
ana disclosing a state of opinion upon the subject o‘
slavery, among the officers and students of Yale Col”
* e K®> is, at uie same time, mortifying and dis
gusting. We have known, from our own personal ex
perience, that Yale College has been for manv years
the hot bed of Abolitionism, and that influences were
exerted upon its Students which tended to create* among
them a public sentiment hostile to the South, and to its
institution of domestic slavery. There are not among
the followers of Garrison, Fred. Douglass and Harriet
Beecher Stowe, fanatics upon the subject of slavery
more unreasonable, more ignorant, more uncompromis
ing, and more insulting, than that class of Northern
Students in Yale College, who, on account of their
natural dullness, and consequent dogmatism, are des
tined, by their parents, for the profession of Didn't ip
as young men are educated at the South for Civil Engi
neers, Physicians and Lawyers. Their Academic ca
reer is a novitiate for the priest-craft, which over-rides
and controls a large portion of “ the strong-minded wo
men ” and weak-minded men of New England, and
doseing, drowsing, and purring through it, their whole
deportment towards Southern students, is a practical
and systematic assertion of their superiority To the
sneers of these men, and to their strictures upon the
South, are Southern youths in Yale College continually
exposed. We are glad to know that there is piety and
philanthropy at the North, and among the students of
Yale, which is enlightened, and which is without any of
the caut of religion, and that there are always North
ern men among its students, who are fine illustrations
of everything noble and generous. But public opinion
in Connecticut, in New Haven, in the Faculty of Yale,
and among its students, is opposed to the South and to
her institution of slavery, and the liberal patronage
which Georgia has given her, should be transferred to
our own or to European Colleges. A College course in
England, or on the continent, is quite as cheap and as
profitable as at Yale or Cambridge. Brown University,
in Rhode Island, was injured many years ago by the
published opinions of its President upon the subject of
slavery. Did lie ever utter anything half so objection
able as that which is attributed to President Wolsey
and to Professor Thatcher, in the following extracts
front the letter of Mr. Hamilton, for writing which, he
has been refused a diploma from Yale:
1 shall now, sir, close this communication, by consid
ering another agency to which I have but hinted —an
agency more powerful than at first sight might appear,
and with whose assiduous employment in this unholy
crusade, I am satisfied the country at large is but im
perfectly acquainted, and which indeed may not be fully
appreciated by men even of the North. This agency
is your College. Notwithstanding the efforts put forth
by” your clergy, your literati, your daily press, your
quarterlies and monthlies, to bring odium upon the
.South and her institutions, it has generally been thought
that a healthy, national conservatism existed in sour
institutions of learning. The Southron, believing that
they afforded facilities superior, in some respects, to
those of his own section, and, besides, wishing by ob
servation and travel to expand his son's mind, has pat
ronized your schools and colleges, not dreaming that
these too have become infested with the prevalent hos
tility to his section. Now, what are the facts? Since
the enactment of the “Fugitive Slave Law,” reports
from several of the more prominent colleges and uni
versities in New England have been published, pu:-
porting to give expression of their views upon this law
—and invariably in opposition to it. To but one Col
lege in New England has of late been accorded the
or of being National. Vale, alone, has enjoyed this rep
utation; and the scores of Southern names upon her
catalogue show how general has been, and is yet, this
belief through the Southern States, lint does Vale
foster that sound, national conservatism, for which lur
authorities have the credit ? No one lias heard of pub
lic ga herings of students here to denounce er c til.e ha,
Slavery and the Fugitive Slave Law. It is true, the
subject has been discussed at times, but always on such
occasions, and under such circumstances, as to impli
cate, in no respect, the opinions of the Faculty, but,
within the last few months, Yale has caught {lie infec
tion, and now raises her official hue ant! cry against
Slavery, as an “unjust institution,” and does reverence
to the “supremacy of the “higher law”—not, indeed,
through public channels, but through the professional
chair, she seeks to instil into the mind of the youth en
trusted to her care, a detestation tor the institution of
slavery, a contempt for those who sustain it, and a hos
tility to the Constitution which sanctions it. For the
truth of these statements I submit the following (acts.’
At the conclusion of the reading of “disputes, a few
weeks since, before the President of the College, bv
members of the .Senior Class, upon the subject of the
acquisition of Cuba, (all of the disputants save one hav
ing taken strong negative grounds, and chiefly because
of the increase of slaves and slave-territory,) the Presi
dent expressed himself, in substance, as follows : “ I
have several objections to urge against the measure
and, after citing our treaty obligations with Spain, and
other considerations not necessary here to repeat, he
continued “ but waiving all these objections, and sup
posing the Cubans, by their own acts, to have establish
ed an independent government; to be possessed of full
powers to dispose of themselves —nevertheless, should
they desire to be incorporated into our Confederacy. 1
should oppose the measure so long as it involved the
necessity of bringing us more slaves. There is, said
lie in conclusion, “a deep seated conviction on this sub
ject of slavery throughout a latga class, who have hith
erto, for the sake of peace, acquiesced m legislative en
actments; but who, if they arc to be forced farther
against their convic ions, will spiting an agitation such
as this country has never experienced, ior my own
part, (said he,) rather than Cuba, with her slaves should
be annexed to this country, I should oppose the mea
sure—even to die dissolution of the Union!”
Said a Professor, not long since, to a New England
Student, during a conversation which happened to turn
on Mis. Stowe’s book—“ I have lived in Georgia, as a
teacher, and can bear witness to it- 1 truthfulness from
my own observation ” Again, in a scries of lectures,
now in course of delivery before the Senior Class, by
the President—upon the “Origin of Rights: and the
Duties of S ates ” —he has taken especial pains to dwell
upon the “injustice of Slavery,” and our obligations to
a “ higher law.” In order to bring the subject before
the great body of the students, he has within the last
week, in connection vviih a Professor in the Law De
partment, given as a question for a prize debate before
one of the Societies: “Ought the fugitive Slave Law
to be Obeyed He has also taken occasion to con
gratulate himself upon the ineflic ency of this law ; and
to express his indifference as to the time when the final
crasli may come, which shall determine whether ot not
this is to be a free government.
In what now consists Yale’s further claims to na
tionality—of which her friends, everywhere, have so
long boasted ? What cord of sympathy or interest is
left to bind her hundreds of Southern alumni, who have
looked back with pleasure and pride to their College
days, and who have annually traveled weary miles to
pay their tribute of love and veneration to Alma Mater V
l’he society, which they formed thirty years since, for
the cultivation of mutual friendship, and to enjoy the
advantages of debate freed from the angry contentions
which slavery disputes would beget in the other socie
ties, is dissolved ; and the Southern student, at this
epoch of hostility to his section, is thrown out to fight
his way in weekly broils—or submissively listen to the
most hostile denunciations against the institution under
which he was born. Such has of late been the state of
feeling, that a proposition had been mooted by a num
ber of Southern students, to withdraw in a body. The
alutnuus, of a few years back, can hardly appreciate the
full force of the present state of things. * The indignant
curse has, in too great a degree, taken the place of the
cheerful song and the laugh provoking jest. Men re
tire from the lecture room—some, indignant and en
raged—some, with painful surprise ask: “What can
the President, mean by the course lie is pursuingV” —
others, elated with the sanction of such high authority,
unscrupulously re-echo the doctrines there promulgated.
(Jstce more and I have done. This communication
has been prompted by no mete desire to assail any one
—least of ail, those under whose direction I have pur
sued a course of study for the four years nearly passed.
The uniform courtesy, which as an individual, 1 have
invariably received, will remain a source of pleasant re
flection—and I shall continue to do honor to the “ Ge
nius of Yale ” —as she was iu former years. I gladly
acknowledge, that, among her present governors, there
are some patriotic and national minds; but these ex
ceptions, as high a regard as they inspire nte with. I
cannot allow to swerve me from the performance ot a
duty which I feel I owe to the public tit large, and es
pecially to my section. Connected with every section
of the Union by hundreds of alumni—among the best
educated men in the country —this college has wielded
a powerful influence over the National will—and, send
ing forth a hundred graduates annually, imbued with
the teachings here received, it becomes a query of no
trivial import—whether this influence shall be exerted
for good or evil ?
Oglethorpe as it was and as it is !
Oglethorpe, March 14, 1'53.
Mesrs. Editors: —You know what our town once
was—prosperous and teeming with life; our streets
blocked up with cotton wagons and other vehicles; our
stores full of goods and customers; the hotels crowd,
ed ; activity prevailing in all branches of business; the
hammer and saw of the mechanic heard from morning
.till night; drays rattling in every direction, piled with
cotton bales and boxes ot merchandise; often twenty
and thirty wagons at one time loading at the depot,
with packages for country merchants, and for the rich
planters below ; throngs of travellers arriving daily by
the cars, filling every stage, and often requiring extra
coaches to convey them. Such has been Oglethorpe;
what it is now, I proceed to state
Here, in the middle of March, when the last delivery
of cotton and the opening of the spring trade usually
caused a rush in our market, not a wagon, not even an
ox cart, and scarcely a human being is seen in our
streets. The hotels are deserted ; many dwellings and
stores closed. Gloom and solitude reign triumphantly.
The Church bell no longer calls the people together on
the Sabbath. The frown of heaven seems to be upon
us. Why this fearful change?
Some three weeks ago, a disease appeared in our bor
ders which was then called Chicken Pox, by two resi
dent and two visiting physicians. Under this type it
worked on without any alarm, until a lady died from it.
Then the danger was seen—then consternation began.
A portion of the neighbors visited this lady during her
illness, and lo! some of them were stricken and died.
Thus was the poison scattered. A lot ol bed clothing,
! full of the infeetor. was exposed in the yard, and the
! stencil inhaled by those persons who happened to be
near, one of whom, Mr. James Bell, late of Oglethorpe
Hotel, and formerly of Atlanta, died last Friday. Os
the other two, one had the disease severely, and the
other lightly —both getting well. It is now in six or
eight families, and pet haps twenty victims or sufferers
are confined to their houses. Not more than a half a
dozen have died from the disease—all in Herringville or
West Oglethorpe, to which the cases are confined.—
None have appeared in the city proper, except that of a
negro woman, (s washer,) who was immediately re
moved.
From the best motives, and with honest judgment*
unquestionably, some of our physicians denied that it
was Small Pox, until it produced death. Even then,
they refused to give up their first opinion—it is still
Cliden Foe they contend, in an aggravated form, ca
pable of running into Small Pox. There may be such
a theory, and the gentlemen who maintain it are intelli
gent ; yet, right or wrong, the public voice bits decided
against them as satisfactory, if not conclusive, evidence.
It is useless, and probably would be unfair, to cast
censure on any one, because of our calamities. The
part of wisdom and duty is to extricate ourselves in
the speediest way practicable, without dwelling on the
past. How can this be done?
For several weeks the Mayor and Aldermen haveem
ployed guards near the infected dwellings, to prevent
all ingress and egress. Supplies, in the meantime,
were duly furnished the prisoners. One of them, who
had been two months retting, as lie called it, shut out
from society, and desperate for liberty and fresh air
broke through the cordon, and appeared in our streets
a few days ago. He was a ghastly spectacle. His
friends gave a wide margin to his perambulations, and
civilities were exchanged at a distance. The fugitive
considered himself innoxious, and therefore claimed his
area <f fre ■ torn. Another Small Pox culprit, encour
aged by this example, sallied forth with his scars more
I verdant and odorous. The guard ordered him to keep
within proper limits; but in the ratio of advance by
one party, was the retreat of tlie other, and thus the in
surrection began.
All Herringville was in a blaze of excitement; all of
Oglethorpe was appalled at the outrage. Our worthy
and splendid Mayor, Col. Sorrel, dashed into the re.
bellious province, to maintain the supremacy of law
and order; but the chief insurgent swore that he would
go out, at every hazard, and hunt with his neighbors >
On Saturday, a meeting of citizens was held at the
Council Chamber, to devise some remedy for the novel
occasion. Resolutions were adopted sustaining the ac
tion of the Mayor and Aldermen, and requesting them
to call on the Colonel of the Regiment fi r a force, not
exceeding fifty men, with arms in hand, to x> revent all
infected persons front leaving their premises, and others
! front going in. The requisition was promptly made,
and as promptly answered by Col. llorne, who asked
for volunteers. One general shout, “ Set me down, set
me down,” rang through the house. The drum beat,
fire-locks appeared, and old charges shot off’ to make
room for fresh ones. The sentinels forthwith took their
stations—-camp-fires illuminated the vicinity of danger
at night, and exposed to view the gallant citizen-warrior
as he paced within his lines, anticipating the happy
t ine when he could cry, “All is well.” The lepers of
Jerusalem have always been confined within a certain
! district of the city, and arc wo not entitled to cqua|
! protection front a more terrible malady ? The tw o cities
i resemble each other in former glory and present decay,
i Both have been depopulated ; yet, as the Jews still look
for a restoration of their beloved city, to its more than
ancient splendor, so we “behold, ms through a glass
darkly,” it huge pile of cotton bales at Brunswick,
or seme other terminus of a Railroad. At all events,
j what is good for Jerusalem, as a sanatory regulation, is
not less applicable to Oglethorpe.
Now, Mr. Editor, you have the facts. We are cut off
from the world. Heaven alone knows when we shall
;be received into cordial fellowship again. You outsiders
! look upon us all, of Oglethorpe, as so many lepers, dan
gerous by contact. I admit the plausibility of the
suspicion, but not its justice. We, of the city proper,
have been cautious to avoid the poison ; and from gen
eral vaccination, and bv God’s blessing, we hope to be
released from quarantine iu thirty days, if not sooner.
M.
—— .
Trial of the Robbers of John Jackson ~
Forsyth, March 14th, 1353’
Messes. Ed tors The Superior Court of Monr~ 0
county has been in session for two weeks past and
it has been occupied almost the whole of the thr? ‘•**
the trial of some of the men who were concerned ;.
t';e robbery of John Jackson, near the line of Pike li> s -
October, it may not be uninteresting to f our readers to
have the details of the robbery, as developed bv tp,,
testimony placed be Rite them.
I: appears that about five weeks before the robberv
t-.vo men who then passed by the names of Cooperand
W iiliams, but who now answer to the names of Simp,
sen and Copenhaver, stayed all night at Mr. Jackson’s
and on paying for their fare the next morning, hand..]
hnt a $;0 bill to be changed Jn c!tanging it, jp s
Jackson got some money out of a trunk in the closet
attd thas they ascertained where his money was
About midnight, on the I'.’th of October last year, th„
door of his dwelling was suddenly burst open, and sev.
era! men entered the room occupied by Mr. and M r
Jackson. One, recognised by them on the trial as Co
penhaver, a stout, athletic man, went to their bed, and
caught the old man by the throat with one hand, and
in a threatening manner, would slightly touch his
head with a stick in the other, and upon Mrs. Jackson’s
screaming, he ordered her to hush, and drawing a pis
tol, told her lie could make her hush. Another, siuce
recognised as Dr. Roberts, held a lighted candle in his
hand, while the others opette 1 the closet door, and took
out the trunk—they immediately left the house. Tbev
were pursued early next morning, and about a quarter
of a mile from the house, the trunk was found brokeu
open, aud rifled of its contents, amounting, according
to Mr. Jackson’s testimony, to about $6,500, all silver,
except about SIOO iu gold. Their trail was followed
into Meriwether county, where they separated, three
going a road in the direction of Tennessee, and two to
wat ds New nan, Coweta county. These two were arrest
ed late in the evening in Newman, and onecailed himself
John B. Simpson, and the other at first refused to give
h:s name, but afterwards acknowledged himself to be
Dr. Roberts. Iu their saddle-bags were found about
in silver—a large amount of bills, most of which
w'eie counterfeit, two forceps, for unlocking doors on
the outside, when the key is within—a bunch of skele
ton or false keys for unlocking tranks, bureaus, desks,
&c\, a brace, such as is used, by carpenters for boring,
two pistols and a slung shot, or a short stout piece of
eather, loaded atone end with lead. They were brought
to Monroe, and onp of them, Simpson, under promise
of being released, made a disclosure, by which the oth’
er three were pursued to Tennessee, and two of them,
Copenhaver aud Clark, were arrested and brought back.
Clark, when arrested, made a full confession of the rob
bery, without any promise of being released, and upon the
way back, conducted the persons in charge of him to
the place in Meriwether county, where more of the
money was secreted ; it was concealed in three separate
parcels, aud amounted to $1,217 in silver.
Two bills of indictment were preferred against them
and found true—one for Burglary and the other for
Robberv; and Dr. Roberts was indicted singly as a
rogue and vagabond, carrying about pick-locks, false
keys, Ac. He was found guilty of the three offences
and sentenced to nineteen years imprisonment in the
Penitentiary. Copenhaver was found guilty of bur
glary and robbery, and sentenced to the Penitentiary
for fourteen years. He was also indicted for perjury,
alleged to have been committed during the Court, and
theense was continued until the next term. Clark plead
guilty on one bill; and in consideration of his full and
frank confession upon his arrest, and also of having
been led by the influence of another man to join in the
robbery, he was sentenced to only four years confine*
ment in the Penitentiary, aud the other bill was rail
pros epiicd as to him. Price, another of the offenders,
who escaped to Tennessee, upon his return there, was
arrested aud confined in jail tor a murder previously
committed. He has been recently rescued from prison
by some of his friends, and is now at large.
But, perhaps the most interesting part of the trial
was the examination of Simpson, as a witness, on the
trial of Roberts, as a rogue and vagabond. He was
told by the Court, at the commencement of his exami
nation, that he was not bound to answer unj* question
which would criminate himself: and he frequently
availed himself of that exemption.
It seems that Roberts has become displeased with him
on account of his betraying his associates, and appear
ing as a witness against them ; and being pretty well
posted ttp with his history, from bis intimacy with hint*
he was enabled to suggest many questions which Simp
son refused to answer; and as his refusal was based on
the ground that ho was not bound to criminate himself,
the legitimate inference is, that the questions propound*
ed to him, and which he declined to answer, implied
allegations of crime which are true.
When asked his name, he said he answered to the
name of joUn U. Simpson, lie was asked if his true
name is not Jonathan Chalfant; he refused to answer.
I pon being asked w here he was born, he said in Ohio—
that he lived there until nineteen years of age, and then
went to Kentucky, lie admitted that he knew Chal
faut that he was born iu Ohio and at about the same
time that be was. Lpon being shown the sluug-shoti
and asked whose property it w as, he replied, he sup
posed he had as much right to it as Dr. Roberts. He
was asked if lie had never knocked any one down with
it, and declined answering. He denied knowing Mr
Rarnbo, of Gwinnett county; but upon being asked if
he bad not knocked him down with hia slung shot, or
some other man, in that county, and robbed him; he re
fused to answer. He was asked if he had not been con.
fined in jail in Cbillicothe, Ohio, for murder, and de
clined answering; but, upon being further interroga”
ted, he admitted that he knew Henry Thomas, who had
been iu jail in Cbillicothe for murder, and was hung for
that crime—that he was in jail with him, but refused
to answer, it he was not there under the name of Chal.
fant.
In one of the cheap publications of the day, of acer.
tain character, entitled “ The Life and Adventures of
Henry Thomas, the Western Burglar and Murderer,”
it will be seen that Thomas was confined in jail in Chilli
cothe, for the robbery and murder of a man by the name
of Edwards, and that an accomplice by the name of
Chalfant was imprisoned at the same time with him.
Simpson was finally asked if he knew Gov. Ouslev,
ot Kentucky, and answered that he did. He was asked
if he had not been paid SSOO to assassinate him, and
refused to answer the question, in such a manner a >
leave no doubt of bis guilt. \ arious other questions
were put to him, not now recollected, but enough has
been detailed to show that he is covered all over w ‘t
infamy of the deepest and blackest dye. He is aka ,
shrewd, arttul scoundrel, and has, doubtless, been et -
gaged in the commission of crimes almost tffe whole of
his life, lie was remanded to jail to be ’ : - i osed of t
some future time.
It is fortunate for the country that the baud has been
broken up. Too much praise cannot be awarded to the
gentlemen who have been active in bringing them to
justice. Roberts and Copenhaver will carry their cast a
to the Supreme Court, but upon mere technical excep
tions. Messrs. Latnar A Lochrane and llamtnond were
appointed their counsel by the Court, and discharged
their duty ably and faithfully. 0. C. Gibson aud H.
Green, Esqs., rendered able and efficient aid to the So
licitor General in the prosecution. MONROE.
The Recent Conflagration at New Orleans.—
The New Orleans H>:‘ states, that on a careful enquiry,
it is inclined to believe that the amount of cotton de
stroyed was 17,000 bales, representing a value of i'J-VV
000. Os this sum, it is presumed that nearly *150,000
was not covered by insurance, and of the remainder the
Jhe has ascertained lisks embracing, in the aggregate,
about s4on,outi, leaving a loss of at least 1 o>hm > to be
accounted for in some shape or other. The heaviest
sufferer is the Home Mutual insurance Company, which
loses yl.VyjOO, but it is prepared to adjust on ihespot,
every dollar of ‘.heir loss from the surplus capital. The
Alabama Press itself was insured in the Merchant’s Of
fice for *14,0( 0, which will not cover the loss by at least
syx. The following is the reported insurance, and is
said to be nearly correct:
Home Mutual SioO,Ow
Sun Mutual 60,000
Royal Liverpool 50,000
Liverpool 80,000
Crescent 45,000
Tennessee 17,*>' !i ’
Merchant’s 16,000
i'Bo4,' !| (O
The Orleans has a small risk.
The suit brought by the critic of the N. V. Al
bion against fsontag’s agent for refusing to sell him a
ticket, attracts considerable attention in that city, and
the Countess comes in for a share of the blame It was
a very silly affair iu the part of the agent, and is dis
creditable to Madam Son tag if she tolerates it.
JSF” An election took place in Massachusetts, on
Monday last, for members of a Convention to alter the
Constitution of that State, which appears to have re
sulted in the return of a decided majority in lavor ot
i hat measure, composed of u union of Freesoilers and
Democrats, commonly denominated Coalitionists.
Longevity or Farmers. —It appears from the Mas
sachusetts registry of births and deaths for 1851. that
the duration of the lives of agriculturists was 13 years
above the general average—nearly 19 above ihat o’
common laborers, and 19 per cent, above the avera’ •
a ge at death of mechanics.