The messenger. (Fort Hawkins, Ga.) 1823-1823, June 23, 1823, Image 3

Below is the OCR text representation for this newspapers page.

jTo:^ ♦WovuVan, Auwe * P'P On the 4th July next, nthnlf ~410 o’clock A. M. an oration will he delivcted at the Fort, by Uhaui.ks Esq. The citizens will t',en repair to a dinner prepared for tliein on the public square in the town us Macon. The practice of bathing in the river at or near the ferry in thin place,which we understand is followed up inces santly, is at once so improper and in decent, that we trust those who are in the habit, on observing this hint, and t ikfn"- a second thought on the subject, will at once sec their error and desist. Ladies of respectability often have oc casioii to cross the river at the ferry, a nd we understand some have been un der the necessity of waiting an hour m- two for persons bathing to come out and dress. We say no more at present. COMMUNICATED. Mr. Robertson, In the Messenger of the 9th inst. we are accused at this office ol having detained, through negli gence, the bag containing the pack ages for Ft. Hawkins, on Monday, the 2d inst. That this default may be attached to those deserving the censure, I will endeavour to state the facts as they have occurred : On Monday the 2d inst. in over haulingthe principal mail, for pack ages directed to this office, the Ft. Hawkins bag was taken out, for the purpose of enclosing a packet from this office, after which it was again enclosed in the mail, and forward ed in due course, altlvough no spe cial care was taken to put it on top. On its arrival there, for the want of diligence, the bag was overlooked and sent on to the Creek Agency. Mr. Stallings happening to be at Fort Hawkins on Tuesday, was as ked “ Why did not our mail come yesterday ?” He replied that it had, for he had seen it at Clinton, or, if it h;ul not,it must have been left there. Which consequently allowed them to circulate the report. Again in overhauling the mail at the Creek Agency, the bag was stopt and sent to Fort Hawkins in the return mail, but was not opened there ; it came to this office and went to Milledge ville, apparently in the same situa tion it left here on Monday. How it could have passed the second time undiscovered, wc cannot com prehend. Was it not for the purpose of preventing their negligence be ing discovered, by opening it when coming from the contrary way; therefore allowing it to pass by, that it might screen them from the censure already put upon us ? 1 he above statements are correct and your readers may judge where the negligence was occasioned.— Should your mail again be detain ed, wc hope your informer may first find the guiltv, and no more reprimand the innocent. Wm. Brewer, Ast. P. M. Clinton June 18th, 1823. A town meeting was held in Darien on the 31st May, to make arrange ments for the purpose of opening a road from that place to Macon. It is proposed to cross the Altamaha as near •is practicable to Darien. An engin °er is engaged to survey the proposed route, and a committee, appointed to ’ examine the nature of the swamp, opposite both to Clarke’s and Reed’s ‘‘lull’s ami endeavour to ascertain the practicability of making the aforesaid road.” The store of Messrs. Gaudrv &, Du iaure, in Savannah, was robbed a lew tights since of art iioiTchest, contain ing upwards of 814,000 in notes, &c. ail( * Si 156 in bank notes and specie. Htson Tea. — It is stated in the Payettville, N. (\ paper that genuine Hvson iYa was successfully caltiv* ‘■ed in that state tne last season ; a id 1 nit several plants in a state, of for wardness can now be seen in a garden m that town. Three buildings in Darien, inclu ding the building of Mrs. b’itzspa trick and the dwelling of Mrs. I.os v‘er were destroyed by fire, sup posed to be communicated by an ,! 'etidiarv, on Tuesday inorn'n'T. COM V .v/c AT&Q. “BLUE LAWS.” Air. Robertson —ln your last paper I noticed a piece, published “by re quest,” purporting to he the “ Blue Laws of Connecticut.” I stm aware, Sir, of the troubles Editors must ex perience in attemping to please all who make requests of them. I think it olten must be the case, that, in your opinion columns of matter are thrown away in attending to them—and yet, if they arc neglected, your interest, your popularity, and the good will of your friends arc all at stake. As you have complied with the request of one, (I know not how much to your own r >a tisfaction,) 1 must, for once, hope for your indulgence, even if my commu nication should, (in your opinion,) be of the character of those 1 have men tioned. The person who communica ted the piece, no doubt had been amu sed by it, and wished to amuse others ; and for mere matter of amusement, there might have been no harm in it* So, perhaps, thought the one who man ufactured it, (as I see it was from a Manufacturers’ Journal, printed in It. Island.) I have no doubt but the ma nufacturer of it was “without malice in his mind,” and only thought of its creating a hearty laugh among the loungers of a tavern-piazza or a grog shop,—without ever calculating its tra velling to Georgia, and by the way, becoming Law, true as Gospel. But it seems that this has been the case, ami the consequences are too evident, to need an allusi-m to their nature. It was, Mr. Ed itor, my intention in commencing this aiticle, and it would be doing no more than ample justice, to examine particularly what has been passed off upon the public as being, or having been the Laws of Connecticut. But the length to which this would ex tend it, must cause me to study every possible brevity in the detail. The laws that appear in the publication, are many of them entirely without foundation, and from the pen of a mo dern manufacturer —others did exist for a while, —and the spirit of a re spectable number of them is now to be found in the laws of every state in the Union. As one of them stands, it ap pears that the rack was used to ex tort confessions in what might be mi nor cases of criminality, or even sus picion of it. Who ever before heard that such a horrid practice as “ rack ing,” or torture in any shape, ever ex isted in our country? I would inform him who wished to amuse the public by publishing such tales, that a rack, an inquisition, never existed in Connec ticut ! Many of these laws carry such an absurdity on their very face, that it would be a waste of words to mention, in order to contradict them. To oth ers is attached all the effect of colour ing. Suppose we were to pick out of any body of laws here and there a line, and incomplete sentence, how ludi crous might they be made to appear ? and how far from their real meaning ? It is the fact that such liberties have been taken with the laws of which 1 am speaking. As an instance, to show how easy this may be done, I will mention a Resolution in the last Jour nals of the Legislature of this state and in the volume of Laws and Reso lutions, authorising the Governor to purchase a certain number of “Geor gia Justices, and distribute them among the new counties.” With as much ‘ propriety and truth might it be pub- j lished elsewhere, that “ Justices” in ■ Georgia are sold at three dollars per | head, as a majority o f those laws palm ed upon the public, and only innocent- j ly intended for their amusement! I would not be thought to deny that! there were laws, which now appear lu dicrou.t, owing principally to their ex treme minuteness, and cognizance ol ( trilling circumstances. There were; those also which were intolerant, inas-; much as they were calculated to co-, crce individuals in their private opin-j ions. In defence ot such I have no thing further to say, than that it the circumstances which led to their adoption were as well known, as it is that the laws existed, they would fur nish very little matter lor amusement. The laws against Quakers, winch are so frightful at this time, are not with out some palliation. In every authen tic history ol New-Engiund, lronyCot ton Mather to Trumbull, may bclound recorded that they were guilty ol practices little to be expected b*ni people, (as they now appear,) of tiieii mildness of manner, and strict pro priety of action. In Boston they openly profaned the Sabbath by sei - vile employments }”and nothing could more irritate the feelings of the strict Puritanic inhabitants. I need cite but one instance of their indecency to prove them not altogether blameless this is, that one of their females walk ed through the streets on the Sabbath, entirely uncovered. Gne ol the Qua ker leaders was called on for his opin ion respecting this circumstance he gave only in defence of it, that * It was a moving of the spirit injier so to do, and must not be resisted. ’ I will ask, who would wish to sec such “ moving* <>i the spirit” permitted with impuni ty r Other circumstances, (such as re fusing to defend themselves against the Indians, then a powerful and dan gerous enemy) could be mentioned, but i will desist. ‘1 he statutes of which 1 have been speaking are called * Laws of the State ot Connecticut.’ But they never were State laws. They existed more in the nature of a family compact and rules of practice, than civil law. At the time of their formation, there was two small colonies (Hartford and New- Ilaven,) in what is noiv known as the state, consisting of, perhaps, one hun dred freemen, each having their own laws, and head, or Governor. At this time (what may be termed) the Legis lature consisted of the whole body of freemen : a few years after, the in roads of the Indians rendered it ne cessary for the colonies and scattered settlements to consolidate, when a re gular State government was formed. Guilder such circumstances, is it not reasonable that the laws would be quite different from those coming from a more enlightened legislature, to go vern a larger people. ? Besides, they were aiming at what never can be at tained ; —a complete system of cus toms, and actions, and a pure slate of morals. Y’hcy had “ fled from oppres sion,” ami wished to be a community entirely to themselves, where they ex pected to enjoy a perfect state of so ciety. Buts icli is not. the fate of man : —the inea.is fhey took to attain their object, only drove it farther from them. In attempting to strike at the root of religions opposition, they were with out malice to other sects. It was not the spirit of persecution in them that led to extremes, but a wish that among themselves there should be but one system, one mind, and one people.— Their intention was good, but their conduct must ever be lamented by more enlightened Christians. After the erection of a State government, a body of law's was instituted, as perfect as those of any other state, (except in a very few points ; I might reduce the exception almost to a single one,) no matter at what enlighened period they were formed. In proof of what I have said as to the non-existence of those laws, I will mention, that about two years since a catch-penny book-monger pro posed publishing the ‘ Blue Laws of Connecticut.’ Much interest was ex cited ; and all those who “loved to laugh” were on tip-toe with expecta tion. Their organs were drawn up a month beforehand for a loud peal at the very sight of the title-page. The person employed to copy them, faith fully gave them all the interest that could be attached to their quaint style, obsolete words, and ancient orthogra phy. After ransacking the oldest Re cords of Hartford and New-Havcn co i lonics, bis materials were so few that ! to make out a meager duodecimo vol ume, lie found it necessary to resort to the report of trials under those laws. Here lie was so successful as to find one case sufficiently smutty to be sin gular—and another tor a man’s spit ting tobacco juice in his neighbour’s face. \S ith a few such tilings the work was completed, and made its appear ance—but every oqe was disappoint ed.—And not even the publisher had reason to laugh at the success his work met with. Suffice it to say, that scarce a law which appeared in the Messen ger was found .to exist on the records. The term lllue Laics, scents to have become an epithet of mighty import but in its origin was simple and harm less. Such is the important tact, that most of the paper in those days was blue ; and the laws of Connecticut were unfortunately printed on such paper. It hardly seems reasonable that the colour of the paper could give a character to the laws, —-but so it is. Front this circumstance I am led to believe that the want of success of the volume spoken of in the preceding paragraph lav, no deeper than that it was printed on fair white paper. I should, perhaps, have passed over this string of puiported laws with as little attention as they deserve, but for the circumstance of hearing the question several times asked, “ it they existed at this time r” This, Mr. Edi was too much for patience ; I have ever expected to find circumstances given their due weight. I have found that laws which at one time arc w holesome and necessary, by the changes of so ciety become intolerable, in the in fancy and simplicity ot society, laws may be commendable to keep out vi ces which will afterwards become fash ionable. Such laws may then seem intolerant. But is it not of the tivo evils better to err on the side of vir tue ? Is it not better in an inlant community to be too strict, than with out a guide ? 1 do not wish to make any retaliation that excited feelings might prompt me to, or attempt to strengthen my argument bv crimina ting others. But let me ask, (and ev ery* one may answer as he pleases,) Is it not better to be subject to such laws, than without any—than to have nei tlicr God or Crcsar before our (’yes, and to walk in the feeble light of our understandings? Is it better that blue lows should aim at the very semblance of evil, or that it should grow to its most frightful shapes,and Paddy Carr's be left to execute judgment without delegation or law. Is it in Connecticut alone that in tolerance has been known, or ludi crous laws enacted ? 1 venture to say that in almost everv other state that was colonized from Europe, similar ones maybe found. In support of this I will only quote those of Virginia, and should better authority than mine be wanted, reference can be made to the writings of her great and venerable statesman, Mr. Jefferson. He says— “ The first settlers of the Church of England, shewed equal intolerance to the Presbyterians of Xew-England. Quakers were imprisoned anil ban ished, and tor a third return the pun ishment was death. It was penal to refuse to have children baptized. He resy’ was punishable by burning; its definition being left to Ecclesiastical judges. The denial of the Christian religion was punished by incapacity to hold any office.” Such was the in tolerance of Virginia, yet we hear of no blue laws but those of Connecti cut. Is it because she was more for tunate in the selection of her paper that her laws are not reprehensible ? while those of another State, in no way more extraordinary, are the bye-word and jest of the whining school boy, the unlettered cracker, the village nui sance and story-teller, the bladder headed lawyer, and would-be wit of a Judge. But the subject has been pursued far enough. 1 hope I have done no one injustice, or wandered from the truth. CoNXECTICUTENSIS. In the Othello, arrived at New- York from Bordeaux, our distin guished. countryman Mr. Fosyth, late Minister to Spain, has returned home. The intelligence from the French invading army by this arri val is to the 18th April. So far there has been very little opposition to its progress. The Priests, who had lost by the revolution property and power, which, along with the instrument of their vengeance, the inquisition, they hope now to re cover, recieve the invaders with open arms. The patriotic party in Spain has to encounter not only the armies of a powerful enemy, but the disaffection produced by its own priesthood, whose influence, parti cularly over the inferior classes, is not easily counteracted. Recorder. — We learn that the British Gov ernment has appointed Mr George Jackson (brother of M>. Jackson, formerly the British Minister to the United States) Commissioner, and iMr. M’ I'avish, Arbitrator. under the first article of the vention of July 1822, with Greaj Britain, (for the settlementofclaimj for slaves and other property car ried away by British vessels at the close of the late war.) Mr. M’Tavish is already in thh country, and Mr. Jackson was tc sail, we understand, in the April packet, from England, and may be daily expected. On his arrival, as there will be no impediment to the immediate organization ot the Board, they may be expected to proceed forthwith to the discharge of their duties. Nat. Intel. ‘Die F.nglish gun brig Argus took, a short time since, two fishing schooners belonging to Portsmouth, N. H. in the harbour of Shelburne, N S. where they put in expecting a storm. Five of their crews arrived at Eastport on the 21st ult. from St. Johns, on their wav home, destitute of clothing, &c. having every thing taken from them except what they had on. Late foreign papers state that the Emperor of Austria has been de clared a Bankrupt, and has been under the necessity of compound ing with his creditors. Ihe precise sum he will pay in the pound is not stated. It is said that the Greeks have taken the important Island of i ha so, and that they have made a suc cessful descent upon the coast o Macedonia. Their fleets still ride triumphant, and have blockaded Tripoli and spread alarm all along the coast of Barbary. The Bitish Government have authorized the payment of five shillings in the pound, to the in habitants of the Canadas, for losses sustained by them during the late war with the U. States. ‘Observer,’ No. IV, and ‘Cen sor &Co.’ So. V. arc received, but ow in;r to the length of anothercommuni cation,(w hich was first handed in,) toey are unavoidably postponed till next week. DIED—In this county, on the 31st May, Mr. GEO. WILSON, about 40 years of age. Terondei, iUVison, &. Cos. \RE now opening in the Town of Macon, a very general assort ment of AMONG WHICH A R F., Super blue and black Cloths and Cassimeres, 2d quality do. do. do. Y'ellow Nankeen Pantaloons, Black and colored Bombazetts, Irish Linens, Super London Prints, Printed Muslin, Calicoes (handsome patterns,) Mull and Jackouet Muslins, Plain Book do. Sprig’d do. do. Needle-worked & Loom-sewed do. Elegant needle-work’d Muslin robes Black and col’d Crapes, Col’d Crape Scarfs, Black and col’d. Crape robes, Black silk Velvet, Black sinchew Silk, Black Sat tin, White and Green do. Green Florance Silk, Black Canton Camblet, Ladies’ and Gentlemen’s silk hose, Kid and Castor Gloves, Large shell tucking Combs, Side do. do. Mock do tucking do. Cotton Cards, Emerson’s and Poratoy’s Razor Straps Spanish Segars, superior quality Men’s Ist quality fashionable black and white Hats, 2d quality do. do. ‘ Youths’ Hats, Men’s and Boys’ fancy do. White Wool Hats, Common do. do. Fine Straw Bonnets, dressed, and undressed, Straw Bands and Straw Strimming, Men’s Ist quality Calt skin Boots, Do. do. do. Shoes, Do. 2d do. do. do Ladies fine heeled morocco pumps. Ladies Leather walking Shoes, Misses’ and Boys’ do. Shot Guns, Lancaster Rifles, Sugar and Coffee. June 23. 14—4 t - tterry Redd. 3 fT appearing to the Court by the Sheriffs return in this case, that the defendant is not to be found : On motion of the plaintiff's attorney, it is thereupon ordered that service be per fected by publication in one of the public gazettes of tiiis state, that the defendant appear at the Superior court to be held in said county, on the fourth Monday in September next.and make his defence, and that tnis rule be published monthly for three months previous to said court, according to iaw. A true copy from the minutes. \\ ILKIX3 HUNT, Clerk. those, i > ’ Rfizor 1 ality le black 1 -.9,6th March, 1823. m3m—B LAUV.iu. PROSPECTUS, For publishing a Translation of the Five Codes \iv\>o\eon. SEVERAL gentlemen of eminence in the profession of the law, and. others, who are equally well versed in the science of legislation, having advi sed me to translate from the French, into the English language the Five Codes Napoleon, I take the liberty ot announcing to the literary characters in the United States of America, that I have completed the performance, which I am now employed in collating with the original, progressively wri ting its index. To those of my fellow citizens who have not had the oppor tunity of reading this work in French, which is so much, and 1 believe, de servedly admired every where,and es pecially in America and in England, whose systems of jurisprudence are the subjects of emulation of every ci vilized community, l would observe, that it is on record, that Napoleon took more pride in this compilation of his than ia all his other achieve ments. [Here follows several respectable testimonials.] The Codes will be contracted to be printed in two Bvo volumes, which, it is believed, will contain from 400 to 500 pages each. The types will be those which printers denominate pica , and the contract will stipulate for the paper to be good. The volumes will be bound in calt-skin, and endorsed. The price of the two volumes will be six dollars, payable on their delivery. JONAS FAUCHE. Greensboro, Georgia, June IT.