Below is the OCR text representation for this newspapers page.

(iKOHGI \ ' KI VHI. Ttat stands upon a totally *aiff< rent groum jower to regulate comtnere among tbe many a pretty flower, might envy rack a treasure, where in ely- SOS grow, and lilies bloom in For Urn Georgia Teiegraf t« KOSTIC. C ox. I'm told thou hast a bower, in which bloom* many a pretty flower, O uphes might euv; . tii'ii dales, V nrestrained, the <1 every style; , . , 8 weet iroaeand mignonette, deck the onent aisle: 1 n this fair picture, view thy mind, in whose pure K onpareil ol flowers, tooth ! blossom* to adorn thy haloyon bower. K arth’s (Wrest flowers, sparkling gems—fade, with- - er and decay. . ., . . 1, |fv a rare, tho' rapturous Joys, pleasure a blandest smile, , la OTe's .endearment, faith’s enchantment, hope a fair sky i . . . K cstatie mhtb's effulgent spark*, oudureth but a while: X oble, eflicaclous truth, sublimely reign* for ever and for aye. 8. L. H. The evcral f For the Georgia Telegraph- f onsfifutionalily of Iho Slave Trade PROHIBITION. In the discussion of the Con*iti u,, '*>nality ol the Act* of Congress prohibiting ,l,e foreign Slave Trade, I have not had the opportunity of consult ing the debates in the Federal Convention, nor the view* of any political writer in relation to the construoiion of those clause* of the Constitution involving the question under consideration; conse quently in the preceding numbers, 1 have only pro, aented the deduction* of my own mind formed up on a careful examination of that instrument, friend, however, lias just placed in my hands, Cur tis’ History of the Constitntion of the United States, in which I am happy to find that the construction given by me to the clauses of the Constitution in dis pute, is fblly sustained. In the 10th chap, of the id vol. of this distinguished work, is to bo found an elaborate statement of the reasons which induced • the Convention that framed the Constitulion, to adopt the first clause of the nth Sec., and that it was treated as a limitation on tbe commercial pow er granted to Congress by the Sd clause of the 8th Section of the Constitution. Ur. Curtis, on page 80S to 806, inclusive, states, “Tbe Northern States wished for a full commercial power, including the slave trade and navigation laws, to lie dependent on the voice of a majority in Congress. Tbe South ern Slates struggled to retain the right to import slaves, and to limit tbe enactment of navigation laws to a vote of two-thirds. Both parties could lie gratified only by concedingsonio portion of their respective demands. If tho Northern States would accept of a future, instead of an immediate prehibi- ^ lion of the slave trade, they could gain ultimately, a ful> commercial power over all subjects to be ex ercised by a national majority. If the Southern Suites could confide in a national majority, so far us to clothe them with full ultimate power to reg. ulate commerce, they could obtain tho continuance of the slave trade for a limited period. Such was lu ■ entity, lUc adjuetuicul umile and icmMnnwmded by tho Committee. They proposed that tho mi gration or importation of such persons as the seve ral States then existing, might think proper to ad mit, should not be prohibited by the national legis lature before the year 1800, but that a tax or duty might be imposed on such person* at a rate note's- . eecding the duties laid ou imports; that the clause relating to a capitation tax, should remain, and that the provision requiring a navigation act to lie passed by a vote of two-thirds, should be stricken out. No change was made in this arrangement when it came before the Convention, except to sub stitute the year 1808, os the period when the re striction on the commercial power was to termi ii'.te, and to provide for a specific tax on the im portation of slaves, r.ot exceeding ten dollars on each person. The remaining features of this set tlement relating to a capitation nnd navigation act, were sanctioned by a large majority of the States. Tims, by timely and well considered concessions on each side, was tbe slave trade brought immedi ately within the revenue power of the federal gov ernment, and also at the expiration of twenty years, leithiu its jiower to regulate commerce, JJv the same ni^mfiporarv toler ation of the importation of slaves, was vested in a national majority. This result at once placed the foreign slave trade by American vessels or citizen*, within the control of the national legislature, and enabled Congress to forbid the carrying of slave to foreign countries, and at tno end of the year 1608, brought the whole .raffle within ihe reach ol a national prohibition. Too high an estimate can not well lie formed of the importance nnd value o! this /iKo/ settlement of conflicting .sectional inter ests au.) demands. History has to thank the patri otism and liberality of the Northern States for hav- ing acquired for the Government of the Union, bv reasonable concession*, the power to terminate the African slave trade. The just and candid voice of History has also to thank the Southern statesmen who consented to lids arrangement, for having c.othed the two Houses of Congress with » f„j| commercial power!” These copious extracts from Mr. Curtis’ history fully “ustaln the positions assumed in the preceding numbers: 1st. That under the general grant of power to < ongresH to “reguhite commerce’’ contained in the sth See., 1st Art. of the Constitution, Congress was clothed with authority to pass laws to prohibit tbe African slave trade without an amendment to the Constitution. -dly. That See. tub of the 1st Art. was a liuiita. lion as to I,me on the exercise of this general com- niercial power, and by ueceawu-y and unavoidable implication conferred upon Congress, after the year IM'K, the power to iuterpoto and i.rre.st the traffic in slaves exported directly from Africa! These extracts further show that the surrender °, n * States to CongreiM of the exclo- sit e power of legislation on the subject of the AM can slate trade, mad the remit of a compromise be tween the Non hem and Southern States; the South agreeing, on her part, to aurrendcr the provision contained in the draft of the Constitution as origi nally reported, vix: that a “navigation act should require a vote of two-thirds of both brandies of tho Legislature,’’ and in consideration of such surren der, the. North consented that after the year 1808 Congress might, In the exercise of the commercial Jiower, pass laws to prohibit tbe African siave trade. Here, then, was a bargain struck between (lie two section* of tbe Union—a bargain founded upon ad equate consideration, and acquiesced in by tbe jvir- lies to it for tho last fifty yean. This slave trade compromise was carried in the Convention by a vole of seven States to four. North Carolina, South Carolina and Georgia voting for the Compromise. Sec notes to Curtis’ History, vol. 2, p. .”.05. And yet Hauijwlen would repudiate this solemn comjiact, and deny to Congress the power to pass laws pro hibiting tbe foreign slave trade! The slave States will not be so dt^iist to themselves—so unjust to their distinguished statesmen—their Rutledges, Jacksons and Madisons, as to violate their plighted faith to the'otber section of the Union. I cannot persuade myself cither, that the South will adopt the crude notions of a writer who seeks to pervert the meaning of tbe plainest clauses in the Constitu tion, mid who c»ir see nothing in that sacred in struinent but “ Gorgons, Hydras, and Chimera* dire!!" Fcrhap* Hampden's intemperate zeal for Slate Rights—hi* known contempt for tbe compro* mises of the Constitulion, and those entered into between the North nnd Fouth, in tbe jwst legisla tion of Congress, and the reseutment lelt by him at the fancied humiliating pc si lion of tbe South at this moment, have brought a cloud over his mind, and for the moment darkened the horixon of his understanding. That a writer of Hampden’s discernment and intelligence, can seriously dispute tho cotistituiionality of the acts ot Congress, pro hibiting the African slave trade, is a proportion that I ant not yet prepared to subscribe to. Ho is too sound a constitutional lawyer, seriously to undo- tain so untenable po.-iiiou. Hampden’s reasoning -.nil policy would appy with peculiar force to the donn-stio slave trade, that is, tin- trade carried on u .lux., 'jctween the differentsUvcboldiagStates. St iles, hss never been held to extend further than ths prohibition on the part of Congress against the States, “laying any duties or imposts on imports or exports.” Congress hss never claimed, nor can it exercise, the power to interfere with or regulate the internal commerce between the several States in slaves, or any other commodity. In the case of the District of Columbia, Congress interfered wf»h the question of slavery, so far as to declar^ “ that a slave carried into tho District of Columbia for the purpose. of tale," should be declared free. The pas sage of this act by Congress, *« defended by its friends on the grant of P«" er contained in the Sth Section of the Constitution, by which it is declared “that Caagnm ¥h#11 «erche exclusive legislation in all c» Ke * whatever over such dis trict." Me. Jefferson, treating of the clause of tbe constitution under consideration, which de- cUres “that Congress* shall have power to rcgulstc commerce with foreign nations and among the 8ta*-*s, and with the Indian tribes,” lays this down as the true ruic of construction: “ For the power (be says) given to Congress by this article, doe* not extend to tlic internal regulation of the com merce of a State, (that is to say of the commerce between citizen and citizen) which remains exclu sively with its own legislatures, but to its external commerce only, that is to say, to its commerce with another State, or with foreign nations, or with the Indian tribes." “See Randolph's writings of Thom as Jefferson, vol. 4th, page 624. The domestic slave trade, then, docs not, like the foreign slave trade, full within the commercial power conferred upon Congress under this clause of the Constitu tion, and no degree of ingenuity can bring it with in it. The States have not then surrendered to the General Government the right to interfere with slavery, or the domestic slave trade within their limits. A few words more as to the constitution ality of these acts of Congress prohibiting the slave trade, and I will dismiss this branch of the subject. Hampden says they are unconstitutional, but what clause of the Constitution arc they repugnant to ? An net of Congress to be unconstitutional, must lie repugnant to some provision in the Constitution. Will Hampden point out the particular clause ol the Constitution that these acts are contrary or re' pugnant to? Failing to do this, will he have the candor to acknowledge that his position is untena ble 1 Mr. Yancey, of Alabama, who put this for eign .-.lave trade bail in motion in his sjieech deliv ered the otiicr day, at the Barbecue at Bethel Church, and published in the Montgomery Adver- Tidei.-raph Abroad F--r the Gi-crgi Tin* Si-liool Mnvli* • nr orBATWlCJ. Not far from the interior of the Empire State of tbe South, there sojourned, many years ago, among the inhabitants who occupied tbe “sub urban villas” in the outskirts of the village of p , a certain kuight of the rod—a worthy follower of Ichabod Crane, and although en dowed by nature with talents of the highest order, and to use his own language, “too rare to be wasted ” in such ordinary pursuits as “teaching the young idea how to shoot,” his laudable desire to assist in the extermination of ignorance and prompted by entirely disin terested motives be, “ located his corks," as I have before mentioned, and with unalloyed pleasure, untiring zeal and unbounded success —pursued the “ even tenor of his way” amid the plaudits and congratulations of a numerous patronage—proving clearly to their minds the advantages of education in its various ramifi- F- M^coixr, GrA... ’ Georgia Telegisp'’ Litigation. The experience of tho-e who are with the business of tlic Courts, has 1 .. — . . to the conclusion that it case now litigated, - Our friends of tho Times Sc Sentinel, are 1 lel .° at tl ? a , ?. U3 .? ’''.'. I 0 _inclu ™ 1 S j , , . > ■» .» 1 ... , „ . , , sundry magnates of the Rail with President Cuy-1 scarcely ever has au end. Why is this . Sonic talking of a Lcet which “originally weighed r „ „„ „ .— I attribute it to the establishment of a Supremo | ll j pounds” as “the great Beet. amiliar I Tuesday Morning, July 27, 185 8 ■d them ' “Tlie Great Beet.” Tiic Dawson Fete. We stole a day k.n wesk tosec the sights at tho j : Dawson Rail Road Festival. Thursday morning, j 4 o’clock,, a respectable and sleepy deputation ga- Tlie puprem^ Con After a long, laborious aad evi closed its labors cn Saturday ni”h ease of Maliuda Winu. .i."..!'” 1 -.!,'" ! Western Railroad, betug an a :ht last. The t( «) Macou & er iama- j Icp at their head, and an excellent representation I ^ es ^ 0r *”j uries to a child, has been affinnr;t] T hmk of j 0 f t jj 0 p re?s . gquirc Rose, tho Nestor of the ' Tbe verdict of the Jury in the Court heln- ' Court—not so. Tlic fault can be rctncdi* <1 in I that in the face o; a beet still in our possession, , Messenger, renowned both as man and Magistrate, was for seven thousand dollars. This e t; -- \' * two ways : | which weighed 24 pounds. - was there. The classic Burke, of the Savannah been before the Court two or three ti m* ** ** 1st. Repeal the new trial act of lcoil lk -1.-— V.M ...mn tn at ll,. imminent tticio Rut bo nlmAQt. Roa .....i.it nA little , cations. Time, with its unceasing wheels, rol led ou, introducing to the community au un usually warm summer, and with it, the last Friday in tbe month of August, 18—, the time appointed by our worthy and philanthropic pedagogue for his semi-anuual examination. Old Sol with fieiy rays and redoubled exer tions endeavoured to convince the community that there was no mistake in the day and the uame was appropriate without a diode (of doubt.) Having just arrived in the settlement, and being unacquainted with any one save my travelling companion, “right bower," fast and thickset friend, Zicky Zoon, the idea of attend ing the examination had not entered my mind until our worthy host and “ heaviest specula tor” in the ‘institution’ invited us to accompa ny him, which we readily consented to do- glad of an opportunity to kill time in such an agreeable manner. The family of our host con sisting of his wife, four boys and three girls, had completed their toilets, donned their store clothes.” and were duly ensconced within the walls of the school-room before we had even started thither. After waiting some “ length of periods” for the old gentleman of the house, he appeared dressed in the ancient Georgia uni form, consisting of a “shirt collar and a pair of spurs.” Everything pronounced ready, we lizer of the 16th Inst., speakiug on this very sub- wended our way through a dense thicket of joct said: '‘although the Constitution by its letter may have jicrmitted such a law to be passed, (the act of 1820,) yet it did not make it a duty to pass such a law.” The frank and talented Yancey oppo ses these acts, then, not oil the ground that tlu-v are unconstitutional, but because, as he says in the same speech, “they have unjustly restricted the in crease of the black labor of the South.” There is sonic plausibility and point, ntfeast, in Mr. Yancey’s argument, while bis lucid mind sees ii. these acts no violation of the Constitution. But there are other lights in which the fallacy of Hampden's jiosition, that the State* did not intend to surrender their original control over this subject of tbe foreign siave trade, will manifestly apjiear.— The adoption oftiie Constitution oftlie United States had no sooner taken place, than tlic States them selves, Georgia among the number, inscrtedaclau.se in the Constitution of each, prohibiting their citizens front carrying on tbe foreign slave trade, and for bidding the landing of slaves (African) within their limits. Tlic legislature of Georgia also expressly recog”ized tbe validity of the acts of Congress passed to suppress the African slave trade, and |iassed t«o acts upon the subject, one in the year 1817, and the other in J818, to carry into effect ie laws of the United States, passed to suppress tnis traffle. 8ce Cobb's new Digest p. 988, 995. The people of Georgia, then, are committed on this question upon the record. Apart from the I constitutional question, there were strong reasons by the States should have vested tlic management tif this foreign slave trade in Congress. They were iifttiiim tfuftV mYA* lloiv then could the slave States supjiress this trade I along the sea-coast, stret -liing from Maiue to Geor gia J 1 Jn the West Indies, on the coast of Africa, in Brazil orelsewhere? It was utterly impracticable tor them to do so, and it was solemnly agreed that it should be done after the year 18ox. Tbe different States, even if they had the means, consisting, as they do, of sejiarate Governments, controlled by different views and conflicting interests, would not be likely to unite upon any common line of policy to suppress this traffle. Hence tlic propriety of conferring upon the General Government, which possesses a naval jiower adequate to tbe suppress ion of the traffle, tbe sole management and con trol over this subject. And here I take Jenve of tliis branch of the subject. In a future number, I j. roposc to discuss tbe remaining projiosition laid down liy Hamjwien, viz: “ that the Consti.ution may he so amended, as to give Congress power to abolish slavery ilttff." .1 ltrie gate lo the Montgomery Convention. oak bushes and trees, with nothing to guide us save a small cow-path which was decidedly too thin for summer. A brisk walk of some twenty minutes, brought us to the door of a common log house, crowd ed to suffocation with men, women, and chil dren, with a “right smart sprinkling ” of tur key tail fans. It was with the greatest diffi- ouity ura succeeded in getting a convenient lo cation as lookers on in Venice and in the pres ent age of hoop-skirts, and Crinoline, such nn attempt would be fraught with great dan ger to all parties. Suffice it to say, we had just secured our seats, As a baker’s dozen of bare footed urchins had been relieved from the duties of evincing their capacities in two sylla bles, in “Webster Spiller,” beginning with tbe not uufamiliar word “Baker.” Tbe teacher, whom for the sake of conven ience we shall call Ichabod, was seated on a narrow platform at one end of tbe room, forti fied on either side by, his examining committee of two. one of whom, belonging to that much abused class called school teachers, rejoiced in tbe aristocratic appellation of James Audrcw Jackson Washington Boggs. The other a This act makes it obligatory upon the Supreme Court to grant new trials, “ in all cases where an exception to auy portion of the pleadings may be illegally sustained, or illegally over ruled by the presiding Judge—in all cases where any evidence may beillcgally submitted to, or illegally withheld from tbe Jury. In all cases, where tbe presiding Judge inay deliver an erroneous charge to tbe Jury or refuse to give a legal charge in the language requested, and in all cases where any evidence not mere ly cumulative, but relating to aew and mate rial facts shall be discovered, and shall be brought to the notice of the Court, within the time now allowed by law.” ThisStatuteof 1853-4, is the fruitful source of protracted litigation. It’s existence is de plored, I have no doubt, by the Supreme Court, for they well know how often they are con strained by its provisions to grant a new trial, when the verdict rendered which they thus set aside, is in accordance icith the law and justice oj the case. Tn a long and perplexing trial, the Circuit Judge, deciding as he does upon the spur of the moment, would be more than human if he did not err, very often upon immaterial points, and yet if he does err, it matters not how trivial the error—how little it may control or affect the real merits of the case, a new trial must be or dered, under this act of 1853 and 1854. Let the people then demand of the Legislature its repeal or modification. When Lawyers have a bad case, their great effort is to raise points, and procure decisions from the Circuit Judge, In order to take their chances for a new trial before the Supreme j Court; and if the Judge should fortunately steer through the laliarynth they have erected for him, as a last resort, they cover his desk with “ icritlen requests to charge lhe Jury,” drawn with all the admirable skill of which they arc masters, conned and penned in their offices, with every imaginable shade and dis tinction, and if the Judge “gives one” he should not—or, icithholils one he should have given—or, modifies or alters one erroneously, though it will not weigh a feather in the result, the Su preme Court must grant a new trial. I have now in my mind’s eye, a case, where ITIontvnlc. We are authorised to say, that a Grand Fancy Dress Ball will come off at Montvalo Springs, ou Wednesday Evening, the 25th Au gust next. Tho fashionable company now thronging these Springs, and the ample nnd elegant accommodations now furnished by the Lauicrs, will render this one of the most bril liant fetes ever witnessed at any of our water ing places. Another Important decision. The Loan Association loaned money to II. nnd took a mortgage on real estate. B. dies leaving no other property. The widow claims her year’s support as provided by statute.— The court decides that the lien of the Statute for support to the Widow overrides and pre cedes all other liens, and therefore the widow gets her support of the estate mortgaged to the Loan Association. was there. The classic Burke, of the Savannah News, uame in at the imminent crisis, but he almost missed “coming to time,” and last, not least, the indefatigable and all-jiervading Sims, of the Re publican, “a bobbin’ around.” Sims is unexceji- tionable physically and mentally, though morally shaking, he lacks faith, but makes it up in works. Thus surrounded and countenanced, a crack En gine at the lead, a long train of cars, embracing two bright as a new dollar from the Company’s mint or manufactory, if yon like it better—with the sagacious and indomitable President in bis State-room—Sujierintendcnt Adams to see all was right, and make himself agreeable—Conductor Huff, sailing master—plenty of Ice aboard and water to cool it with—tho “Macon Brass Band” to give the key notes to the rejoicings—a careful dri ver and all right, we issued forth from the We3iern arch of the great Station House and rumbled and clattered and roared down tlic track at thirty miles an hour. The road is in splendid order. Mr. Dougherty, of tbe Macon & Western, authority in such tnat- | ters, who was sitting beside us and examining the Personal. ^ , track from the windows of the rear car, says it Hon. James L. Seward, with liis family, spent a j can’t be beaten. The right of way is well cleared day or two at the Lanier House last week, lie is ! —the road bed free of grass—the drains and sur- en route for Indian Springs and tbe mountains. ; face ditches clean and clear—the track smoothe as Hon Alfred Iverson and Hon Charles Spalding i railway tracks ever get to be—the sides of the cuts were at the Brown House on Saturday. and embankments precise as a quaker. The latter Maj. William Cline, a veteran of forty years’ scr- j are beginning to be protected by a fine growth of vice, i3 again in the Editorial Harness. Any of our Bermuda grass which has been planted in patches friends who want to rend a good J»per, and pure in i by tho direction of tho Superintendent, nnd is now Its politics, send for the Wire Grass Reporter, j growing luxuriantly, beautiful to the eye and a per- Thomasvilie, Georgia. feet protection from washes, but it is feared that Thomas Leroy Napier, a son of our fellow citizen, I the grass will be too attractive to the cattle along | L er0 y Xapier, Esq., having graduated with distinc- ; tho road and increase danger and trouble from tion at West Point in June last, has bccuappointed Brevet 2nd Lieutenant in the Dragoon Service, U. S. Army. Wire Grass Reporter. Judge Love has transferred the editorial control of the political department of his ex cellent. paper to William Cline. Esq., a veteran editor, late of Griffin in this State, and the able Conductor of the Griffin Jeffersonian. In such hands the Reporter will still continue to flour ish, but we hope still to follow the pleasant, this source. We never saw the Bermuda so high before. The blade was a foot or^Siorc in length. Along tho right of way, too, we frequently passed pencil trees, the product of a chance stone thrown out by a passenger, and the young growth suffered to mature by the providence of the Company.— Many of tlie.ie trees were overborne with tbe load of fruit, and in the couree of a few years, under a continuation of this policy, there will be enough for all the Company’s employees and whoever will help himself besides. At Americas the deputation was largely rein- ... ... , • a forced and receiving constant accessions from the judicious, sensible, and facetious pen of tbe ■ Stat - ong below> nu „ lbcring some .> 00 or more by Judge, on topics not inconsistent with bis res- j th(j ^ wc reached Dawson. At Dawson a large ponsible official position. i CO ncourse had gathered at the Station House. We * presume there we hardly less than fifteen hundred cjr.“:rs5i ™. »“•«- *«-. **>*-»«**« - . , I , . . . ^ looking people they were. Sober, too. >ota a long and expensive suit was sent back-a , egraph-.n new type and trun as a bridegroom | seen during tbe whole day, disguised new trial ordered, because out of some twenty j Wcare pleased to see these evidences of Air. , or excitcd with Uquor . A Committee was in wait- written charges” asked for, the presiding j Hancock’s enterprise and thrift; and they show j Jng to receive and cgcort jjr. Cuyler and the invi- Judge nidified one, and thus modified gave it , also that the fortunes of our lively neighbor guests—a procession was formed under the to the Jury, though it no more affected th e . Americus are uot to be impaired by the exten- j direction of F. M. Harper and J. T. Kennedy, Esqrs. verdict rendered, than Dr. Kane’s Polar voy- j sion of the Rail road below’ her. We heard j a3 Marshals, and preceded by tbe Band, marched age. Rejieal or modify this law, tiien, if you : indeed, gratifying statements of her prosperi- j to a cotton shed which had been conveniently fit- wish to curtail expenses of protracted litiga- ty when passing through the town Inst week, ted up as an auditorium for the occasion. The tion under which the country is groaning. Success to her, and her intelligent news-paper President of the day, I\ u. B. Graves, Esq., took 2d. You now pay your Circuit Judges twen- : press. i ‘ he cb ?"' ““ b - v M « ars -, W \f’ Tli0 “, and ty-fivehundred dollars. This sum should com- i feawuel C ’ " ,lban,s ’ aS V,ee Pres “ ,ent9 ’ Mi *tthew maud the services of uot only clever men hut The “Law’s Delay.” Our correspondent, “A Citizen,” lias done : ood goodLawyers. The State cannot afford to pay ; ^ calUug alteution t0 sora e remedia! log men jor bang clever. Hie wishes not only men, j islation 5n t0 the Supreme Court of Georgia, but good lawyers to administer her laws.— ; am j we jj 0 pc the Press of the State will bring the When wc read that one half of the decisions : subject before the people. Tho Court was never of our Circuit Judges are reversed and some- very popular and is daily brooming less so, in great tin es more, it would seom altogether a game. | part, as we believe, on account of the abuses point Williams, Esq., of Dawson, introduced Mr. Cuyler to a large audience of both sexes now collected, and in a few j>crtineot remarks tendered the thanks of the people for the invaluable aid of Mr. Cuyler and the Company lie represents in extending rail road facilities to the place. In an exceedingly interesting speech of an hour, Mr. Cuyler enchained the attention of the audi- has created no little interest iu our commim! ty- The action grew out of the accident wi • c occured ou the Macon Sc Western Eailr ^ several years ago, about twelve miles aW Macon, in which two children and «l, e dr iv * of a carriage were killed, and Mrs. Wj nn the child now surviving, were seriously in--*/ In the case of tho Bill holder of the pu ut ' ; and Mechanics’ Bank, vs. Alexander J r!\ erson, from Columbus, the Court have decided (Judge Lumpkin dissenting,) that all 8ui ,’ against the Bank or its Stockholders, t rrm :' nate with the expiration of the Bank Chart,!'" The Charter of the Planters’ and MecbniZ* Bank having expired in 1857, the stockhold- ers are thus released from all liability to ' the bills and othe: debts of the Bank. out pretending to discuss whether this dea- iou be well founded or uot in law, w e a)10 i to the next Legislature to pass an act makill the Banks and the Stockholders liable to after the expiration of the charter. Ifth s • not done, a .d the decision of the Court assta ted above, is to be the law, it is an invitation t 0 all Banks, to expand their circulation, increase their debts, make way with their assets ■ 1I1 j when the Charter expires, the credulous Dill holder may whistle for his money. When a private citizen dies, his debts do not die with him, but his estate is liable for the last firthine Why should a bank be released after death from the payment of its debts } This Ueci iu may be founded in law, but its justice -ye pbaticaliy deny. The Banks'should uot en joy privileges and immunities of exemption from liabilities, other than the humblest citi zen ; and the law which gives such exemption, should he repealed ; aud wc call the attention of the Legislature to this subject, hoping that at the nextsession, “justice will be done 10011"!! the heavens fall.” We understand that Mr. Dougherty, as counsel, has about two hundred cases pending in Muscogee Court against the Stockholders of broken Banks, but by tlus de cision, they ail go by the board. The Decision in this case changes the judg ment of the Court as rendered when Judges Warner and Nisbet were on the Bench, when the same question came before the in in a simi lar case. So we go. Oh the glorious uncer tainty of the Law. specimen of some fifty years, with a forehead and an even game of chance whether you have ed out > n th >s communication. Certainly the | euce. He complimented the enterprise and libcr- the law administered in the Circuit Court. It Judges exhibit a commendable industry, and the : aiitv of the people by which the Company had been Ga., July 2d, 1858. as the genuses of “ yellow covered literature, describe as “ long, low, black and rakish,” sat up in a very dignified manner and waited for the appearance of the next class with ap- “First class in grammer” shouted Ichabod, aud immediately eight “yearlin” boys toed the mark in front of the faccrti-, when the exer cises in syntax commenced. The various sen tences in the Eightieth page of Smith’s Euglish Grammer were duly parsed aud passed un noticed, until the seutence of “ Columbus dis covered America” was entered, upon by a tall, lanky youth of sixteen and pursed satisfacto rily with ail the appointments.” as the “ bills ” say, winding up by rendering the noun Amer ica as follows: “America is a proper noun. It is the name of place, of the third person spoken of, siugular uumber-it means but one, mascuri.ve oknurr, and in the objective case and governed by the verb discovered, according to rule Eighth. “Active transitive verbs govern the objective case.” Whereupon nn objective ease immedi ately appeared in the character of our elder examiner, who turning to Ichabod, asked if he thought the last word parsed correctly. Ichabod Whose mind was somewhat absented from his is true, under the act of 1853 and 1854, good i task iln P ose<1 "P®" thcm u I,ule short of stupen- Judges are often reversed and new trials graut- 1 <lou9 ‘ A constant and weary round of courts Editor Telegraph; Dear Sir.—Enclosed I send you a 'specimen' from a School Teacher, to a young gentleman of I duties, brightcued up and called for a repeti- tbis county, who considers it quite a 'gem.' If ad-1 tion of America, which was again rendered as missable, give it a place in yonr columns, .-uj>-1 before, and our hero of the birch contended pressing names, jw>st office, Ac. The writer of the ‘specimen' taught in this community last year. Jnue, *:>, the 18,5B Sir this is ««inform you that I am well at presant hoping the* few lin* will find you enjoying the | that lie saw no error. •Well,” said the filer of objections, “I haint never had experence in sicb mutters, but I al ways thought America was feminine,”and turn same lilosting 1 have nothing ol much importance ing to his Aid-de-Camp Boggs, required his to rite at presaut only I have got us many schllurs 0 pj n i 0 n, which co-incidod precisely with his a* I can attend to to give them gestice I am well pleased In this part of the cun try it is one of tfic I own - ed when the merits and law of the case bare the law is repcalecf/ and°tfeen good Judges are called to preside, you will see some end of this Litigation, that is the curse and banc of the country aud a grievous burthen upon the people. I say a burthen upon the people, because this litigation requires Jurors, witnesses, officers aud lawyers, and the bill has in the main to be footed, not by the parties litigant, but by the county taxes, as the report of our last Bibb Grand Jury has made painfully evident. It is due to the writer of the foregoing to state, that he has no personal grievances be yond those of any other citizen to serve, iu this publication; nor has he any allusion to any Judge at present presiding, or who is looking forward to the Bench. His views are express ed freely alone from a conviction of duty. A CITIZEN, For the Georgia Telegraph. modern Girls. We boast of our system of education. We bavc female high schools, female colleges, and female medical schools. Our girls are refined, learned and wise. They can sing, dance, play pianos, paint, talk French, Italian, and all the other soft languages, write poetry’, and love through the hot summer months, in which long h« £JI J W_ , r-l.*l.. 1-1 1‘ucousuTtatidu aud writing opinions, is enough to break down any man with less than an iron con stitution. Apd yet in the teeth of this excessive and unreasonable toil, without a parallel, we be lieve, on the bench of any other State in the Union, the complaints of delay arc well nigh universal, and a strong disposition oxuUm to abolish the court. But can there bo uniformity iu the interpretation and administration of the lan- without a revisory and appellate tribunal of some kind ? Tlic Supreme Court ought not to be abolished, but there is a strong necessity for such remedial legislation, as shall clear away the cumbrous rubbish whielt clogs its oj>erations. Cars of Home Bluiiiifacturc. A paragraph is due to the two beautiful passenger cars, which the South-Western Rail enabled to prosecute the work thus far—to ad vance it onward to the Chattahoochee, the banks of which it would shortly reach, and with them the it- •— vuaucr. xnrjruuu mem, what new rc- gions it would jjenetrate, and how much farther go time alone would devciope. He denounced the demagogue’s cry of odious aud soulless monopolies as applied to the Railroad Companies of Georgia— and sliowed, that with the exception of the State . Road through a region too mountainous to be suc cessfully overcome by private means and energies, the people of Georgia, unaided, had developed a vast system of railways more complete and perfect in respect to the wants of the State and the con venience of every section, than was presented by any other State of the Union. After pointing out at some length the beauty nnd completeness of this system, he berated the attempts to build up rival roads out of the public treasury, and xvas par ticularly severe upon the project to secure State aid for the Macon & Brunswick scheme, calling uj> on the people to discountenance it at home and shops under the superintendence of Mr. Frank Alley, au experienced car builder; and we certainly have never found cars to compare with them in steadiness and comfort. A tnm- bler of water filled to the brim and placed on the roof was found to have lost about au eighth of an inch from Macon to Fort Valley, and we are confident one could have preserv- like Venuses. They are ready to be courted ! ed a P r °Hy steady chirography ia any part of Road Company placed upon their track for ! through their Representatives in the State Legis- the first time last Thursday morning. They j lature. Leaving Georgia interests and concerns were manufactured entirely in the company’s j the speaker glanced at Railroad progress and cf- Dntvson, Terrell County. This place, now the* terminus of.t'uc South Western Extension, is springing tip iikemagir. It is not eighteen months old, but contaius about a hundred elegible framed dwelling botuessad stores, some of the former spacious and hand some. A very neat Church with a beautiful tower is nearly completed. They Lave also a fine Court House. The probable receipts of Cotton in' Dawson, the approaching season, are estimated at about 15,(i00 bales,and the ar rangements for receiving, storing and forward ing are spacious and complete. There are several ware house and commission estab lishments ready for business, with extensive Cotton sheds and warehouses. Dawson un- doubtly will soon take rank among the impor tant towns in South Western Georgia. She will do i>; in a year at present rates of pr Bloody affray in Florida. The Sav. Republican has an account of an | mrray at wacahovta, Florida, on the Dtb. be tween Lafayette Gay and William Standi/ and 1 heir respective parties, who had met at that place for the settlement of an old difficulty. After some few words, blows ensued: pis tols were drawn; Gay caught up his gun, fired in quick succession at Afr. James Gibbous.red at William Gibbons, both friends of Standi/, nnd both fell dead. He then clubbed Ids gun. and struck such a violent blow at Standlv he severed the breach.locks nnd barrels upon hiw. Standly is yet alive, but there is iittlc expedi tion of his surviving. —Three were left cs dead on the ground within a few feet of each otter, and one of Gay’s brothers, hobbling o!f. shot through the leg. In the general melee of dirks, knives, pistols and sticks, it is a wonder others were not killed. fccts ! n tho United States. All so far had tended inevitably to centralize commerce' and business.— New York was the great centre and must continue to be; but so far the operation of tbe railway sys- Georgiahas a Chief Magistrate ol‘whom ?: ■ • A r weil be proud.—f\Viregrass Iteportf-r. Georgia has a Chiet Magistrate of whom tin.'If® ocrntic party may wall bo proud—for lii* euww'e knowleege in book-keeping.—La;raagn Repor.tr. Precisely so. Hii books show a balance ia tie right Cfdumn, which is tho proof of the matter. Rest cunirics I ever raw in my life the people in tiiis part of tbe cuntrv lives like nabors not like dors but not runing your negliborliood down at all it may have mened since I left up there perhaps it nv bin me that kept the negbborliood In the uproar if I was I am glad that I ain out and prrhapt the rest la too but I dout know as I done anything to kep it up but I have wrote to several up there and Ichabod, with mantling face nnd an expres sion of triumph visible in his countenance, laid down bisferule aud delivered himself as follows: “Well, gentlemen, I have had great experience in teachinin, and know perfectly well what I’m about. Histry, yon know, tells us that A- have not got answer from them I now rite to you I merica was discovered by Americus I’espuck- tiopiog you will rite back as son as you get my let ter amt ttdl me all the god word you have and more too, N, B. Mr. i ■■ — come off ami never give you thas small change you nius not think himl of me for I (01 got it I should have bin up bfore now but it is so far mid so hot that I dread it and I have got to mi old niiin now and cant leave home with out tho ol lady Mr 1 have got the jiirties wife that the state van afford and 1 have bin telling some of the girls in tiiis cuntry that I had them a | sweetliart pict out and told your name and cell you the most of the girls has fell -In love with yonr name I now invite you down come and pick you out a bride Oh how nice it is to get into the liou- snd see how clean it is. To change the subject, I have not got time to write any at jiresant for I am now hering-geography lesson bounding tlic state of Vermont Nothit-g more at presant only still reman your affectionate friend write back as son as you get my letter direct your letter to in*, and he being a man, consequently Ameri ca must, as a matter of course, be masculine.” at ten years, can be taken from school and mar ried at fifteen, and divorced at twenty. They make splendid shows on bridal tours, can co quette and flirt with the young men at springs, aud shine like angels at winter parties. But Heaven be kind to the poor wretch that mar ries in the fashionable circles. What are they at washing floors ? ■ Oh! we forgot, nobody has bare floors now—how vulgar that would be! What are they at making bread and boiling beef? Why, how thoughtless we are; to be sure, they will board or have servants. What arc tlioy at mending old clothes ? The rag man and paper makers know. What are The Rev. Peter Sharp, of Michigan, was once a member of the Ohio Annual Conference. At one of their sittings, a brother had been tried for heresy, and finally the charges were considered proved, and he was duly con victed. The members silent, perhaps revolv ing in their minds wbnt punishment ought to be meted out to this erring brother, who did not understand tbe book just exactly ub they did. At length, the presiding bishop asked: “What will theConferencedo withthe broth er?” Up rose Peter Sharp, and with the greatest gravity, said. "J move that he be burnt at the stake!" The motion was a strange one. and it brought into such a glaring light the folly of punish ing men for errors of judgment, that the Con ference made the sentence as gentle as they possibly conld. “ Not another word ” from the head of Boggs I they at washing babies’ faces ? And here is our and his companion produced upon tbe minds I intolerable stupidity once more—having chil dren is left to the Irish! What lady thinks of having childrcu about her now ? or if she is unfortunate, don’t she give them up to the nurse to begiu with, and send them to tbe hoarding school afterwards ? We repeat, we have come to a jioint where young men hesi tate and grow old before they can decide whether they can marry and afterwards keep clear of bankruptcy and crime. What is the consequence ? There are more persons living a single life. It is time for mothers to know that the extravagance they encourage, is des tructive of the virtue of their childrcu; that all the foolish expenditures arc, instead of an swering that end, tending to destroy the insti tution of marriage altogether. them. Outside they are of pine handsome ly painted and the inside panel work is of cherry. The seats are iron framed—covered with Brussels carpetting, with plush covered arms aud a rest for the head. The car is sus tained upon the new Volute Spring, very sim ple and ingenious contrivances of coiled steel wire playing reciprocally in iron cylinders. Thecutiro wood, iron, brass and painter’s work are worthy of all admiration. They are large, spacious, airy and cool, the builder having ju diciously given a few inches above tho stan dard heighth, which not only improves their appearance externally, but adds greatly to • Bainbkukik, Ga., July 16, KA Mr. C/isby.—Heat Sir.—Enclosed you will liiu tern iu connection with the ocean mail contracts 1 a rare specimen of a Southern Georgia lore lent! of the government had pushed this centralizing j t0 his adored one, which I came in fOSK^ion • tendency to a needless and unwarrantable extent. ' through a lady friend of mine. You will plf**- Our California mails and travellers ail took their ; S* ve lt s P acc in J 011 ! columns if yen see r r,1 !" r departure to the Pacific shore or reached the At lantic through the gate of New York. The remedy was in process of elaboration and would be found in coastwise steamers and railways to Fcniandina— by rail to Tampa, and thence in daily steamship servieo to Havana and other Gulf ports, and be tween them and Vera Cruz and tho Isthmus. The speaker entertained brillinut anticipations for old Tampa, and lot holders there would have advanced a peg or two if they could have lieardhim. Ho had no great opinion of a direct railway across the Rocky Mountains to the Pacific. One end of the road would rot down before the other could be built—and across a parched desert and barren re gion with no fertile country or great city to sustain it, it could never pay. liis idea was that the true A Frenchman, translating the Comedy call ed Love’s Last Shift,” wrote the title, “La Dcrnicrc Chemise de 1’ Amour,” which, liter ally translated into English, would read,— The Last Chemise ol’Love." of the audience an evident degree of satisfac tion. from the triumphant glances among them, which, Ichabod seeing, felt, and with a loud voice commanded the class to “ resume,” as “Dr. Blimber” would say. I had not, until turning around, discover ed that my friend Zick, was missing—and hearing some noise outside, discovered him through the window leaning, apparently ex hausted against a “black jack,” nnd fearing he had become over-heated, I hurried to his assist ance as soon as possible, and found such was not the case—merely suffering from a slight pain in his side, on account of the inability to con trol his risiblea. We hurried to the house of our host, and mounting our horses, took a "spirit level ” from a black flask and departed more in sorrow than in anger—“ mighty glad that wc had got out of the wilderness.” 0-Mr. Lover tells a good anecdote of an Irish man giving the pass word at the battle of Fontc- noy, at the same time the great Saxe was Mar.-bal: "The j>asa word is Saxe; now don’t forget it Pat,” said the Colonel "Saxe; faith an’ I won’t. Wasn’t my father a miller f” “Who goes there?” cried the sentinel when he arrived at the jiase. Pat looked as confidential as possible, and whis pered, in a sort of a howl, “Bags, yer honor.” Singular Instance or Spontaneous Com- hustion at Sea.—The London Times pub lishes an account of a fire on sliipboaid. caused by the spontaneous combustion of soma cn=es ot Oil skins, or water-proof macintoshes. Ship masters, aud other interested, would do well to wake a uote of the fact. route lay between Vera Cruz and Mazatlan, with their comfort in the heat of a sunny day. thc fertile couutry and great city of Mexico to sus- They cost about $1,700 each and the compa-! *** n Though no filibuster, events certainly ny probably saves nothing in the first cost by i te “ d | !d t0 th ® incorporation of Mexico and Cuba diffidence f «rha<ie'mv building their own cars ; but they produce an ! °“' natlonal boundaries, and it was easy to j ih^Uonduue to rovolveH shall remain # and have room for such foolish matter. Adored Miss : Oh. Enchantress of my snul. bright sciiiUlnwn 1,1 electric fire glorious refulgence of super nstuH v: gaoizntion, how shall I pnrsamo unskilled as I am u ihe ehiragraDhick art tn lay beiore your beamjngojj ticks of intelligence my simple and uuassamtt?*'. dress. UILT.KD DOC. Permit 1110 dear girl, to fell you that I love ; f and that it is with you alone to make me she hippi eet, or one of the most miserable creatures oa wi™ ns Mount .Etna's lava burns »he mountain su™ 1 ’- so is my heart consumed by thy beauty, ““**.“* Comets rush to tbe fiery dirge of the snu, wnanw. eth my stops to destruction. Then hesti iumj creation, bright smiles of heaven cover tbiuemin veil of pity and speak me consoling wor*-*ua Larks and’Nightingales restrain their hsr?ner r‘i ' to drink the melody’ of thy voice. Oh! Thoaurv: •- est Diamond in the Jewelry shop of Im*P n * . say that I cm not forgotten and I will $in|?pM ,! woman’s name, cast one ray of sympathy , 1 withered soul or I must forever Rc-iusin in It. Tartarean gulf of despair. Dear Miss forgivp®r ' making known my lovo to you in this"'*/’ • '• riifti.1r.ncn fnrhade mv makiiiL' known tuyo n ‘-'.l ' Mr. Clisby: A long timeugo, before you came to this State, I used to hear great complaints of our Circuit Judges aud tho uncertainty of Law, and I was told by the lawyers that there was a remedy, to wit: the Supreme Court. But I find now tbe law more uncertain and much more expensive than before. Every time new Judge comes on thc Bench he changes the law, reverses the decisions of his predeces sors and makes confusion worse confounded. 1 am an old man and want to mako a will, hut my Lawyer tells me to wait awhile,—that the Supreme Court havo made half a dozen differ ent decisions about wills, nudhc canuot exact ly tell what they will finally settle upon. I suppose I must wait. But, .Mr. Editor, as soon as the Court settles, let me know. FARMER. article to suit themselves, and one which they indic “ tc . t !‘ c r crmanont courso ofl>ac!fic trade «nd know to be faithfully made of the very best ! grC; “ c0!nmer c !al centres ° r »«- J v 1 vana find mpyiph aq trnv ctntmnc to vour charms, and a suitor at your shrine. Yours, in tha Bonds of love, material. Besides these considerations, they are surrounding themselves with efficient, in telligent mechanics, needful in repairs, and of inestimable value in emergencies. Further more they are spending their ample revenues at home, where a part at least will flow hack to their own coffers, and the r£st benefit and build up the community in which their own fortunes are embarked. It is a wise and pa triotic policy which we are glad to see oar Ma con Rail Roads pursuing in every thing, as far as practicable. j vana and Mexico as way stations. ! An interesting Discovery- But to drop this attempt at synopsis, and pro- j Wc ge( . it 8tatcdi upon what may bfl ceed with the events of the day—C. B. Wooten, ered reliable authority, that thirty Esq., was next introduced, and delivered a very Christians have found upon an island norir- beautiful, classic aud appropriate address, evident- Celebas. It was rumored for a time * ^ ly prepared for the occasion. He was listened to ! was there a Christian people forgotten ‘ ^ with much Interest. Dinner was then anounccd | sakeu, which, however, vet possessed ^ and the hospitable people of Dawson had prepared blcs.and continued steadfast luthelauh- cartloads ol* barbecued meats of every kind, finely m,ss,n,,r * r,p * hrst lai.ded on ‘ .. , . cooked—bread, and melons in plenty, and the la dies were also regaled wi:h cake and ices, a fine entertainment and The Familt Aquarium ; or Aqua Vivarium.—A new pleasure for the Domestic circle; being a familiar and complete instructor upon the con struction, fitting up, stocking snd maintenance of the fluvial aud mariue aquaria, or river and ocean gardens. By Henry D. Butler, New York; Dick A Fitzgerald, Publishers. For sale in Ms con by tho Messrs. Richards. IS mo. ISO pp. _ Tiiis is a new and carious little work, called ■ sound advice in respect to their town—facts and out by thc recent very general adoption of the j experience gathered in tho history of Americus un aquarium as a beautiful and interesting house-! dcr tlle °P crat, ° n 01 the same causes which brought It was haracterized by perfect order and propriety. After dinner the Company again rendezvoused to tho Speaker’s stand, and Tuos. Dougherty, Esq., of the Macon & Western Road was loudly called for, and spoke to the word, interlarding his eloquent discourse with anecdotes well told aud well appreciated. Mr. Sullivan, Mayor of Ameri cus, was introduced and gave thc people some who hold adornment. The frontispiece is an il luminated picture of one of them, nnd the pa ges are plentifully interspersed with wood cut illustrations of tho marine and water plants, mosses, fishes, insects, shells, &c., to be used in their construction and stocking. Few arc aware of the exceeding delicacy, beauty and brilliance of the marine mosses and plants, un less their attention has been particularly drawn to the subject. Dawson iuto existence. .The meeting then adjourned, and a rapid return missionaries first lauded on met with a school teacher and Ins pup repeated in the Malayau tongue—“As ' panteth after the watefbrooks, so p,w - * soul after Thpe, 0 Lord.” ^! D r .[ ie found, but the most precious prowl*® 3 ,p, , v .P1..19 . . A . rtn^Y Bible writteu upon the hark of f rc „‘. knew the Apostile’s Creed, and the L _ Catechism, and thc Christian customs. ty churches and schools yet existed- ^ the instrumentality of pastor Hcldrm„. j of the Magdalen Asylum at bteenbecic- chief patron of Inner Missions in un j er missionaries, who bad been educa the venerableGossner, wereseutom, persons baptised. riiscovc- This is certainly a most interesting iverc ry. Thc island on which tuese LbrwWW found belongs to tho East Indian Arcbtp c. 0 u U ju»,ulu, ouu a iaptu u itiiu IOUUU UUIUUfco a-v ------- , jQ brought us to Macon by half past nine—196 miles j The Dutch have for years pohUcai r ^ travel in one day and leaving abundant time to par- 1 region. This'may account tor ie ticlpolo in thefestmtics of, protrtct.d holliilay. j «-iSSlS^SS^S A Writer gives the following advice to wives : was still found in them ; n which “Should you find it necessary, as you un doubtedly will, many of you, to chastise your Iiusbauds, you will perform this affectionate duty with the soft end of the broom not with the handle.” tbe particular time and circumstance , „ this introduction took place may well ^ special attention, and elicit iuvestiga ^ those who have the leisure and lari - prosecuting it.—German Reform Messve