Newspaper Page Text
vCnnstitutinnaUst & jßtpblit. 1
JAMES GARDNER, JR., 1
and > Editors.
JAMES M. SMYTHE, )
(From the Baltimore Sun.)
Annual Report of the Secretary of War.
The Annual Report of the Hon. C. M. Conrad,
Secretary of War, occupies four columns of the
National Intelligencer. It is a well written do
cument, but as many ofthe facts connected with
the movements of the army, which it specifies,
have been, from day to day during the year, re
corded in the columns of the Sun, we must limit
ourselves to furnishing an abstract ofthe more
important recommendations and suggestions
which it makes.
The Secretary sets out with a column and a
half devoted to the subject which, he says, has
most engaged the attention of the Department j
during the past year, viz: the defence of Texas,
New Mexico, and the Mexican Territory adja
cent to our own, against the incursions of the
neighboiing Indian tribes. These Indians, it is
remar:. .J, unlike their race on this part of the
con' .tent, are actuated not so much by hostility
to the whites as by motives of plunder. The
Secretary goes on to detail the steps taken to
bring these Indians to subjection, Congress hav
ing tailed to authorise the raising of an additional
mounted regiment, as recommended, the regiment
ot mounted ritlemen on the Pacific was dispensed
with there, in view of the supposed peaceable
character of the California and Oregon Indians,
and ordered to Texas. Several outbreaks have,
however, lately occurred among these Indians,
but treaties have since been made with them.
Chains of military posts were also established by
the filth Infantry from Arkansas westward into
Texas, and in New Mexico tha same thing is
being done by Col. Sumner.
A post has also been established at the junc
tion of the Gila and the Colorado, and examina
tion is to be made by the Pacific commander, as
to the practicability of another still higher up
the liila This is all done, looking, as far as prac
ticable, alike to the defence of our own territory
and that of Mexico, and the Secretary well re
marks :
"The United States have thus endeavored to
fulfil, to their fullest extent, the obligations im
posed upon them by their late treaty with Mexi
co. It surely was never contemplated that the
entire ex|iense and responsibility of defending
her territory against these incursions should de
volve upon us. The language of the treaty ad
mits of no such construction, and, if it did, it
would require of us what it would be obviously
impossible far us to perform. As the U. States
have no right to station their troops within the
limits of Mexico, how is it possible for them,
entirely, to protect her against tribes, most of
whom occupy the vast desert lying between the
two countries > All that we can do is to make
common cause with her; to make her wrongs our
own; tochastise, if possible, the tribes by whom
they are committed; to compel them, whenever
it is possible to do so, to make restitution of
Mexican prisoners and property; and finally, in
our ‘reaties with them, to guard the interests of
Mexican citizens as carefully as those of our own,
and to punish any violation ofthe one as severe
ly iswe do that of the other. It is manifest, too,
that whatever eflbrts we make for the protection
of Mexico, will not only be fruitless, but abso
lutely prejudicial, unless they arc aided by cor
responding etfiirts on her part. The number of
our military posts, the vigilance, activity, and
courage of our troops, all tend to drive these ma
rau lers from our border towards that of Mexico,
where they can carry on their depredations with
almost certain impunity.”
An idea too seems to have gone abroad among
the people of Mexico, that this Government was
bound by its treaty with Mexico to indemnify
citizens of that country who might sustain losses
by depredations of the Indians, and the Secretary
says that Irom information that has reached the
Department, there can be no doubt that, in some
instances, tales of depredations have been invent
ed, with a view of bringing fictitious claims lor
damages against the Government.
It appears that the entire force stationed on
the Pacific amounts to only seven hundred and
thirty-six men. This force is deemed entirely
inadequate for protection, particularly in Oregon,
and the General-in-chief of the army therefore,
considers not only an additional regiment of cav
alry, but also an increase in the rank and file of
the infantry and artillery as indispensably neces
sary.
The entire number of men borne on the rolls
of the army, amounts to 10,538; which, accor
ding to the usual estimate, will furnish an effec
tive force of not more than 8,500 men. When
it is considered that this small force is scattered
over a frontier of several thousands of miles in
extent, its insufficiency will be apparent.
The report then goes on to show the causes
which have produced the enormous increase in
the expenses of the army. These causes princi
pally, are—that nearly one-half the army is sta
tioned on our remote frontier; the military posts
are removed far in the interior of the country,
from navigable rivers, or on the Pacific, where
they can only be reached by an overland journey
of hundreds of miles, or by a sea voyage, of
thousands—and the military posts, instead of
being situate in a productive section ot count!y,
as formerly, are now, for the most part, where
but few supplies can be obtained. The conse
quence is, that while in 1813 the cost of trans
portation (of troops and supplies) was
$130,053 52
In 1850-51 it amounted to 2,094,408 51
In the former the cost of forage was.. .99,794 20
In the latter it was 1,287,327 91
The great increase in this last item arises not
only from the causes just mentioned, but also
from the grpat increase of animals in the Quar
termaster's department, which, in 1545, amount
ed only to 847, and in 1850-51 to upwards of
8.000; and also to the fact that the mounted force
lias been greatly increased.
The great distance which troojis have now to
be trarsjiorted, in going to and from the several
posts, is another item tending largely to swell
the expense. It may be that the expenses ofthe
Quarter-master's and Commissary Departments
have been increased by mal-administration on
the part of the numerous agents; and to ascertain
the facts, a rigid scrutiny has been directed. The
department has reasons to fear that its appre
hensions in this particular are not altogether un
founded.
From statements carefully prepared by the
different bureaus ofthe department, it appears
that the increased expenditures in the army re
sulting from our newly acquired territory, (in
cluding Texas,) amounted to $4,556,709 75.
Attention is called to the inadequate appro
priation made to the Quartermaster's Depart
mentat the last session, which will have to be ;
supplied at the present session. •
The Secretary, to carry out the wishes of Con
gress, to reduce the expenses of the army, has 1
cut down the number of enlisted men in the or- 1
dinance department to the original number of (
250 from 587, the number in service during the *
Mexican war. Six ofthe eight Light Artillery
companies existing during the war, have been a
dismounted. The original number was lour.
Iwo ot those dismounted, however, will be re
mounted so soon as means are provided. The r
number of clerks and others from civil litis em- i
co m various capacities, has been greatly r
the i'r?i' 1 cultivation of farms, by troops, at s
derahlv ' er , lK,bl^ l f successful, will also cousi- i
1 present expenses. Various
other too tedious to mention J have t
likewise been made; but the Secretary sayl it is ,
not to be disguised that a great laxity of expense |
and disregard of regulations exists in the a. my- c
to remedy which, the department, seconded by :
the superior officers, has exerted itself, an d which
has so far been successiul that the Secretary ba
the satisfaction to announce that the estimates *'
of the department for the next fiscal year are J
considerably below the expenditures of the
present and preceding years. ,
The expenditures for the support of the army for |
the fiscal year ending 30th June
last, were $9,060,268 58
The estimates for the next year are. 7,898,775 83
Showing a reduction of $1,161,492 70
There are some other measures of economy
which the department would have carried out,
had the aid of legislation not been necessary t to
enable it to do so.
is asked for the Executive to abolish \
useless arsenals; and the previous reeommenda- |
tion lor power to enlist men specially as team- \
sters again renewed. The removal of obstruc-!
tions in the Red River and the Rio Grande is
also suggested, as a matter of economy.
But whatever reductions Congress may make,
says the Secretary, the expenses must continue
to be enormous so long as it is necessary that so
large a portion of our troops should be stationed
on the fiontier. He therefore suggests that
! every facility and encouragement should be as
-11 forded to the formation of a local militia, in
which our new possessions, like all the Mexican
States, are very deficient. On this subject, the
! Secretary remarks:
i “As the first step towards the accomplishment
1 of this object, I would recommend that the Exe
cutive be authorised to distribute arms among the
1 inhabitants. lam fully persuaded that the advan
-1 tages that would result from the adoption of this
measure, in familiarising the people with the use
of arms, in inspiring them with confidence, and
in encouraging the formation of militia com
panies, would more than compensate for the
trifling expense that would attend it. The very
i fact that the inhabitants were known to be
. armed, would tend to intimidate the Indians.
, The distribution should, of course, be made with
■ such precautions as would prevent their being
r sold or converted to an improper use.’’
> The Secretary is of opinion that policy and hu
» manity both require that we should employ
some other means of putting a stop to these de
predations than the terror of our arms. We
should try the effect of conciliatory measures.
1 There is no doubt that the Indians are frequent
-1 ly impelled to commit depredations by despair
and hunger.
The Indians are often compelled by the whites
to leave land which affords nourishment to cattle
and game, and seek refuge in arid plains and
’ mountains. This is particularly the case in
Texas. The United States, as the owners of the
public domain, have always acted on the princi
i pie that the aboriginal race had at least a right
1 of occupancy in the soil, and when it was needed
■ for settlement this right has been extinguished
-by voluntary sale. Texas, on the contrary, as
t the owner of all the vacant lands within herlimits
f acknowledges, it is said, no such right; and she
9 has, from time to time, taken possession of the
! territory occupied by the Indians, laid it olf into
i counties, and proceeded to survey and sell it.—
f Nothing could he more calculated to alarm and
■ exasperate the Indians, and to bring about colli
sions between them and the white settlers, than :
' the adoption of this policy. That such has been
i and must continue to he its consequence, there
can be no doubt. It would seem, therefore, to be
f for the advantage both of Texas herself and of '
i the United States, that, these Indians should be
f left in undisturbed jicssession of a small portion
i of her vast territory.
The Secretary, therefore, recommends mea- 1
i sures to he taken to furnish, Ibr a series of years, j
i food and o! her necessaries to such Indians as will
abandon their predatory habits and cultivate the
■ soil. Authentic information, recently received at
I the Department, leads to the belief that these
I tribes are far less numerous than they are gener
ally supposed to be, and he has no doubt (laying
i aside considerations of hiunanily) that it would
i be far less expensive to feed than to light then}.
The Military Academy, which the Secretary
! visited last summer, is highly commended. He
) also visited the national armories at Springfield
and Harper's Ferry, and says he cannot speak in
i terms of too high praise of the order and regu
larity that prevail at those establishments, and of
■ the admirable economy with which they are con
ducted.
The operations ofthe Bureau of Topographical
r Engineers have been various and important du
ring the last year.
i The survey of the northern lakes, and various
1 other surveys, are referred to as in progress, and
f an increase in the number of topographical engi
i, neers and commissaries recommended.
■i The site for the military asylum, near Wash
- ington, has beer, purchased and as soon as the
f titles shall have been examined and approved,
- the agreement will be carried into effect.
The expediency of creating a retired list of
i disabled officers is renewed again, as it will con*
• dtice to the efficiency and economy of the ser
■ vice.
The act giving additional pay to the officers
and men stationed in California, has expired, and
it is recommended that it be continued in force, 1
and also be made to include New Mexico.
The report closes by referring to the fact that
the number of arms distributed to the several
States, under the act of 1808, are based upon the
number of their “effective militia;” but, in conse
quence ot the imperfect returns, the distribution
, is very unequal. It is therefore recommended
that the number of free white male inhabitants
’ in the seveial States, between certain ages,
hereafter be the basis of distribution.
—:
Later from Utah. —The St. Louis Repub
lican, ot the 24th lilt., lias later advices from
Utah Territory, but they contain little news of!
interest. Elder Hyde, a Mormon, had arrived
from the Territory, who confirms the report that |
the officers appointed by the Government have
left, and are returning to Washington, because j
they consider that Gov. Young did not receive
them with the respect and honor due to men of
; their rank as branches ot the American Govern
, ment. It is the opinion of Elder Hyde that had
. they remained a little longer all difficulties might
. have been honorably settled,
f The Guardian, a paper published at Ranes
■ ville, and edited by Elder Hyde, contains an en
ergetic appeal “to all the Saints in I’ottowatto
mio," from Brigham Young, Heburt C. Kimball
and Willard Richards, in which they state that
they have sent Ezra T. Benson and J. M. Grant
for the special purpose of counseling and assisting
them to go to Salt Lake city, next season, “and
fail not.” All are commanded to come—“there
is no more time lor Saints to hesitate what course
they will pursue.” It is said that they can go
to Salt Lake with much less difficulty 'than the
Pioneers had to contend with. “Therefore we
wish you to evacuate Pottowottomio and’ the
States, and next Fall be with us, all ye Saints of
the most High, and it shall be well with you if
vou will keep all the commandments.” “How
long will the Saints in St. Louis remain where
they are. l Arise and come with the saints of
Pottowattomio, and you shall be blessed.” This
appeal is seconded by Elder Hyde, who urges a
general emigration to Salt Lake, whither lie is
going in the coining year.
Mr. James Monroe, agent for Reese & Co.,
was shot by Howard Egan, near Bear rrver.
while on his way to Salt Lake with a train of
goods. Egan had been absent in California, and
Monroe had seduced his wife. For this offence
Egan killed him—returned to Salt Lake city
amt gave himself up to the officers of law.
Returned from California. —Many from
our county have returned, whose names vie can
not remember, and of whose acquaintance we
have not the pleasure. We notice, however,
recently, of our townsman who went from here
something over eighteen months since, Messrs. 1
Cumer. Worley, O'Conner and Thornton, who 1
we cogratulate most cordially upon their safe re- 1
turn; and for their success in the mines. The
former made some 3 or 4000 dwts. while the *
latter realized some 7 or 8000. The Messrs 1
Summerour, who were of the same company. 1
are still more fortunate. *
Mr. J. B. Gordon, also of this county, brought i
for himself and others,ll3 pounds ofthe "dust.”
Delohnaga Signal , 4th ins/. (
In New York, on Monday evening, one of the
ward school houses was discovered to be on tire.
There were nearly six hundred children and oth
er persona in the building at the time.but through
the presence of mind and firmness of those who
had charge of them, they were dismissed with
out the slightest injury to any one.
(From the Dalton Timet , 4th inst.
Disastrous Fire in Dalton.
On Thursday night last, between 11 and 12
o'clock, our citizens were aroused from their quiet
slumber, by the cry of Fire! Fire ! 1 and the I
ringing of bells.
The Fire was first discovered in the ware
house of C. B. Welborn, which was, at the time,
filled with Corn, Oats, and a great quantity of
combustible substance. The fire spread rapidly,
and the Dry Goods Store, of Mr. Welborn which
was connected with this house, was soon in
flames, though a small portion of its contents
were saved by the indomitable perseverance of
our kind hearted citizens. From this building
the fire was communicated to the store of W. L-
High, the store of A. J. Lane, the House of Mr.
Collins, occupied by Alvin Armstrong, as an
Agricultural Depot, and Messrs. Roberts and
! Long, as a wholesale and retail Grocery.
These buildings formed one block, and they
i were all consumed. The Grocery of Messrs.
Lynan & Weir, was next discovered to be on
; fire, and was soon in ashes. Here, owing to the
1 great presence of mind and energy of our citizens
i the fire was stopped, but not until it had razed to
i the ground the most beautiful portion of our city.
| Mr. Welborn’s loss was very severe, nearly all
l of his goods were consumed and no insurance on
them. Mr. High, lost a great many Goods, but
| his House and Goods were all insured. Mr.
! Lane's House was a total loss, his Goods werein
■ sured. The House of Mr. Collins was insured,
and its occupants, Alvin Armstrong, and Messrs,
i Roberts & Long, saved nearly all their Goods,
j &c. their loss will be small. Messrs. Lynan and
Wier, saved a good many of their Groceries, there
was no insurance on the bouse. Their loss will
not be very much.
Before we close this article, we must say some
thing in regard to the noble and praiseworthy
conductofour citizens, in aiding to extinguish
the fire. Men never worked harder or displayed
more bravery and noble heartedness, than they
! did on Thursday night.
When the flames had taken hold of the roof of
j the houses,and inall their awful grandeur seem
i ed to bid defiance to the power of mail, with a
i shout of encouragement, the men would rush
amid the burning buildings and soon return load
ed with goods. In what high estimation f hould
we hold the man that would thus risk his own
life to save a fellow creature from suffering. We
1 would cheerfully give the names of all who thus
! ac *d, but tor fear some should have escaped our
! notice, we will not—They all worked like men
whose action but obeyed the promptingi. of a no
| ble heart, and they deserve the thanks of our
I whole community.
! I*. S. Since writing the above,we learn that a
' trunk c mtaining the notes, accounts and books
! of John Thomas, was burnt with the store of Mr.
; Lane.
Correspondence of the Baltimore jimerican.
Thirtjr Second Congress—First Session.
Washington, Dec. 3, 1831.
SENATE.
lion. Mr. Stockton, of New Jersey, appeared
i to-day and was sworn.
A number of notices of bills were given.
The joint resolution of Mr. Foote, making ar
' \ rangements lor the reception and entertaiument
-1 | of Kossuth, was taken up.
; i Mr. Foote moved to fill the blanks so that the
j Senate committee should consist of three Sena-
I tors,and the Houseof five members.
Mr. Dawson op|>osrd the resolution. Such
honors were never conferred on any one belore.
I save Lafayette. Kossuth was in noway identi
-1 lied with this Government, or
1 as was Lafiyette, Kossuth was a great man, and
' all sympathised with him, but he thought enough
had been done by sending a national vessel tor
‘ him to show our respect, See. He had nothing
against Kossuth, but he objected to the manner
, of extending him this great honor.
Mr. Hale proposed to amend it by adding to it
that the committee assure Kossuth of the sympa
" ttiy we feel for all victims of oppression, and that
ft is the earnest desire of this Government that
‘ the day may shortly arrive when the rights of
man may be universally recognised and respec-
Mr. Foote replied to the objections of Mr.
’ Dawson. Kossuth was pre-eminently distin
! guished lor all the virtues of warrior and states
man. Kossuth had been invited to our shores,
’ and it was proper that something be done to
■ I provide lor his reception. He denounced the
amendment suggested by Mr. Hale as the result
jofa desire to lasten upon this resolution the
! peculiar notions of the base and miserable faction
: who had been laid bare by the recent legislation
] of Congress.
Mr. Hale replied, defending his amendment.
Mr. Foote rejoined, and said that the Senator
1 from New Hampshire could not deny that the
purposed object of his amendment was to obtain
| an expiession of sympathy for a certain popula
tion in the Southern States.
1 | Mr. Cass followed in support of the resolution
• ' and in opposition to the amendment, as improper
! and unjust.
Mr. Underwood addressed the Senate in op
| position to the resolution. He was opposed to
~ all interference, by resolution or by act, with the
I affairs of other nations.
I Messrs. Foote, Cass and Underwood made ex
| planations, and then, without taking the vote,
j the Senate adjourned.
■ ; HOUSE OF REPRESENTATIVES.
f Among the Bills, the titles of which were read
j by the clerk as having been introduced yester
day, was one for bestowing on Louis Kossuth.
■ the privileges of a citizen of the United States.
Mr. Harris, of Tennessee, moved a Joint Reso
lution, explanatory of the Act of ISSO, granting
bounty lands to discharged soldiers, having for
its object to permit the sale and tiansfer of lands,
previous to settlement thereon, and providing for
the remuneration of persons appointed to survey
the same. Ihe latter part ot the resolution con
flicting with the rules of the House. Mr. Harris
proposed to modily it; which produced a short
discussion, dining which half past twelve arriv
ed, and members proceeded to draw for seats.
The House having resumed, Mr. Richardson
of Illinois, said although he was disposed to doubt
the propriety' ot the Speaker having the appoint
ment of the Standing Committees, yet he should
propose the usual resolution to that effect, which
was carried unanimously.
Mr. Harris not being allowed to modify his
Resolution relative to bounty lands, moved that
the House go into Committee on the State of the
Union; which was negatived.
The amendment which had been proposed on
a former day, to the resolution, authorising the
clerk to provide papers for members, to the
amount of silty dollars, again came up for discus
sion; and the ayes and nays being ordered, there
were 53 votes in the affirmative and 139 in the
negative.
Mr. Stanton of Kentucky then moved forty
five dollars, which was carried.
Mr. Hamilton, of Maryland, moved to lay the
resolution on the table—negatived.
The ayes and nays being called on the passage
of the resolution, there were 87 in the affirma
tive and 10S) in the negative.
On motion of Mr. Richardson, SI Kentucky,
the House resolved to adjourn over till Saturday
next, to enable the Speaker to appoint the Stand
ing Committees.
A committee was appointed to inquire into
the practicability of providing seats for the Con
gressional Reporters within the Bar. On motion
the House adjourned.
B AGGING, MOLASSES, LARD AND FLOUR
BALES heavy GUNNY BAGGING. 1
eJU 35 bbls. N. 0. SWEET MOLASSES.
10 do Choice LARD.
20 do Superior Family FLOUR.
Forsaloby doo 3 6 A. LAFITTB. |1
AUGUSTA, GA.
SUNDAY MORNING, DECEMBER 7.
Editorial Correspondence.
Mili.edgevii.le, Dec. 4, 1851.
Abuse of the Pardoning Power by the Legislature. I
The lavish use of the pardoning power, by his
j Excellency Gov. Towns, has been, not ground
| lessly, the theme of criticism and censure.—
■ Many culprits were turned loose upon the coun
ty, after too short a probation in the Peniten
tiary, to give assurance of their future good be
havior. In other cases, reprieves were granted
to four persons, under sentence ol death, for the
crime of murder, of which they had been duly
and fairly convicted, and their cases have been
up before the Legislature lor a lull and free par
don. In the case of Norris, the bill for his par
don failed. It received but two votes in its fa
vor. All the other three have been pardoned,
and it is fairly presumable that Norris would
have been also, had he been in custody, and if
the failure of the bill, for his pardon, would have
resulted in his being hanged. But he had broken
jail and fled to parts unknown. The Senate,
therefore, donbtlessly thought it a waste of sym
pathy, and of clemency, towards a man so far
distant, and who would not appreciate the one
and stood in no need of the other. But in the
other cases, which really seemed as destitute of i
merit — cases having, so far as l could see, as j
little ground of justice, or of an enlightened '
clemency, as has been brought before the Legis
lature of Georgia in many years—there was no
hesitation in turning loose upon the bosom
of society.
I send you a communication signed “ Specta
tor,'” handed me a day or two ago, by an elderly
and respected gentleman, whose partialities for
his old friend, Gov. Milledge, have led him into
rather a warm eulogy of his son, Col. Milledge,
and whose kind heart has rather, we think, led
him astray, in the indulgence of a morbid sym
pathy. I send this, not alone because it is
agreeable to me to give publicity so a compli
ment to a gentleman who is deservedly popular
among his constituents, but because it furnishes
pat to my purpose—an illustration of the undue
influences brought to bear upon the Legislature
in deciding upon these applications for pardon in
cases of murder. There is, in the case of Cor
net, a confession, that the question of guilt or
innocence, would have had nothing to do with
the decision of the writer, had he been entitled
to a vote. Now, “ Spectator” is probably not
more superabounding in sympathy for the dis
tressed, nor more blunted in judgment to the
just claims of society, for the rigid enforcement
of the criminal laws of the land, than the gen
eral average of the men that make up our legis
lative bodies. He is a man of admitted intelli
gence, as well as a man of piety and amiability.
Though not a member of the Legislature, he is
possessed, in quite as high a degree of the quali
ties. mental and moral, which go to make up a
valuable and useful Legislature, as many of the
most conspicuous and esteemed members of that
body. Yet, even he, and such as be, taking his
own confession as proof, are not fit to be trusted
with the pardoning power in capital cases.
. The object of punishment for offences coin
, mitted, is the prevention of crime —an object
: worthy of being effected and entitled to the ac
tive sympathy and aid of every good citizen. If
; punishment has this effect, it ought to be inflict
i ed, and he who, whether in office, or as a private
t citiien, interposes to prevent this, should feel
I that he does so under a grave responsibility. If
convinced that the person for whom he inter
poses, is not guilty, this, of course, justifies inter
position. But sympathy for the innocent, who
stand in tender social relations to the culprit, and
' who will be greatly afflicted and bereaved by
| his punishment, is not a justification, nor is the
indulgence of it to the extent of interposing for
a pardon, any thing short of weakness—amia
ble weakness it may be—but still, inexcusable—
and oftimes highly censurable.
If sympathy, for the innocent, is a good
ground to pardon the guilty, then no criminal
should be punished ; for none there are, however
depraved, so abandoned by the world—so cut off
from every endearing tie which makes life
sweet and desirable, as that no innocent heart
will throb with anxiety for its fate—no gentle
eyes be suffused with eloquent tears—no little
hands be raised in supplication for his pardon. 1
There are claims, too, of sympathy, for those
innocent hearts of mourning relatives, bereaved 1
by the assassin's hand, whose relentless knife or !
pistol, has desolated a once happy fireside, and
driven forth, a helpless widow and orphan chil- j
dren, homeless and houseless, upon the cold 1
charity of the busy world.
Ihe claims of the peaceful citizen, who dis
charges all the duties incumbent on him as such,
and pays his taxes for the support of a Govern
ment which is bound to protect him in the en
joyment of life and limb, are not to be overlook
ed. Here is ground for a far-seeing and enlight- i
ened spirit of justice, of mercy, and of sym
pathy. The rights of that citizen are infringed—
his personal safety endangered—his life less
safe—by every new instance of unpunished
murder—by every addition to the number of
convicted assassins and cut throats turned loose j
upon the community.
After these general comments, I am content '
to close this homily, by referring to the evidence
in the cases of James Johnson and G. D. Cor
net, convicted of murder, and pardoned by
the Legislature, together with the yeas and !
nays, which I send, and which I wish published. !
The yeas and nays, in the case of Brinkley
Bishop, I also send, but the evidence is rather !
too voluminous for publication at the same time, j
But the merits of this case may be judged by i
the fact, that he was twice tried and twice con- i
victed of murder. Convicted once, he obtained |
a new trial, on a technicality, and was again 1
convicted. Turies, in Georgia, rarely if ever,
convict innocent men, especially men charged j
with murder. The presumptions are overwhelm- j
ingly in favor of the justice of all such verdicts. •
As in the case of Williams, of Richmond
county, convicted of the murder of Whitlock, ! ,
and pardoned by the Legislature of 1847, so in t
the present cases, the opinion prevailed, that the i
Legislature possessed the power, by the Consti- ' ,
tution, to pardon, but not the power to com- i ,
mute punishment. The opinion was entertain- ] \
ed, by many, that two of these applicants for f
pardon, were guilty of voluntary manslaughter, j
and not of murder, and deserved confinement in ' r
the Penitentiary. If, therefore, it had been con- j I
sidered in the constitutional competency of the
Legislature to commute the sentences of Bishop
and Cornet, by placing them in the Peniten
tiary, probably their cases would liave taken this
direction.
In the case of Johnson, it appears that a doubt
existed, or might have been reasonably enter
tained by some, whether he fired the pistol, j
which killed deceased, by design or accident. It j
was in proof before the Legislature, that a daugh- !
ter of deceased, who was a principal witness
against defendant, had since stated that she
believed the pistol was discharged by accident.
Few, however, actually btlitve that it wat acci
dental.
The action of the Legislature on these and
past cases, must convince reflecting minds that
it is not a proper body to be entrusted with the
absolute power of pardon in capital cases. Many,
when thoroughly convinced of the guilt of the
culprit, will, from tenderness of human life, vote
to pardon. The responsibility of deciding, under
oath, according to evidence, is not imposed on
them as with a jury impannelleJ to try the case.
The responsibility of turning loose a convicted
murderer, does not weigh very heavily when di
vided among so many.
It would, as a general rule, operate much bet
ter to throw the entire responsibility of grant
ing pardons for capital ofFences, upon the Ex
j ecutive.
The power of granting pardons, should be
either taken away, absolutely and entirely, or it
should be coupled with the power to commute
punishment. We feel entirely safe in the pro
; diction, that a murderer, however atrocious the
circumstances of his guilt, if he have a pratty
wife and an interesting family, or if he be bless
ed with a few active friends, who can frame a
plausible apjieal to sympathy for survivors who
would be overwhelmed by the bereavement,
would be safe from the rope if his fate depended
on the voice of the Georgia Legislature. G.
Legislative Proceedings.
Mtlledgevillk, Dec. 4, 1851.
The consideration of tho bill which was tha
principal topic of debate on yostorday afternoon,
| was resumed to-day. Soreral members participated
in the labor of improving and porfocting the bill
and substitute reported by tha Judiciary Committee-
I send you a copy of both, that you may spread
thorn before your roaders, should you think it ad
visable before tho final action of the House upon
them. From present signs, 1 would not be surpris
ed at tho consumption of the remainder of this
week in tho making of olaborato speeches on tho
merits of this bill. It is a fair prosumption that
Mossrs. Seward, McDougald, Tift, Russell, Robinson,
of Macon, Mobley, Henry, Meriwethor, Hill. Har
per, Bartow and Junes, who have all had more or
less agency in bringing tho bill to its present shape,
will be prepared to deliver some views upon it, when
it shall have come up on its passago.
In order to hasten the action of the House, and
bring up the main question at once, Mr. Ilarpor
moved to postpono tho substitute of the Judiciary
Committoc, indefinitely. Whereupon, an interest
ing and animated discussion sprang up between
Messrs. McDougald, Harper and Meriwether on
one side, and Mossrs. Hill, Seward and Bartow, on
the other. Tho voto boing taken, the yeas wuro 57,
nays 58.
t I I semi you a copy of tho report of the Superin-
I tondant of the Lunatic Asylum, which, you will
f , find, ou perusal, to embody some useful suggestions
. I in regard to tho policy of our State towards this
, | institution—a proud monument of her bcnOTolent
I | and philanthropic intentions, I have had tho
I pleasure, through tho.eourtesy _of its efficient and
intelligent Superintendent, of a personal examina
tion of its internal regulation, organization ai d
j management, and take occasion to bear tostimony to
l the successful ability with which it is controlled in
all its departments. Cleanliness and order in ns
' ■ several apartments, cheerfulness and contentment
! marked in most of tho countenances of its inmates
r ! —with fewer exceptions too, than ono would eipect
■ ; to find among this class of our unfortunato fellow
. creatures—meet tho satisfied visitor wherever he
| may move. The institution is susceptible of nu
' merous improvements before it can be regarded as
I occupying that enlarged sphere of usefulness origi
. nally contemplated by its humane and charitable
p projectors. It is earnestly to bo hopod that the
j representatives of tho people will bolievo tho public
mind to be prepared in sustaining them in any lc
! gislative effort they may make to build up tho State
Asylum on a scalo worthy of a great, growing and
. onterprising State, a liberal and enlightened people,
I and a Christian ago.
Tho Senate did nothing more than pass bills of a
local character, and read bills of tho House the
j first and second times.
Three o’clock, P. M.
I send you tho printed report of tho Committee
appointed to examine into tho affairs of the Deaf
and Dumb Asylum, and also the bill reported by
them to incrcaso tho appropriation to that institu
tion.
I suspect the fnvorablonoss of tho report is, in a
great measure, predicated upon an examination of
Leaf Mutes, conducted, a short time since, by Mr.
j Fanning, the accomplished Principal of tho Asylum,
in the presence of a large attendance of members
of tho Legislature and other citizens. I was pre
sent at that exhibition, and feci no hesitancy in
avowing my high gratification at the proficiency es
the pupils, and the wonderful pationco and eminent
success of the instructor.
j When wo come to cstimato the incalculable
J benefits resulting to an interesting and unfortunate
! class of persons—when we reflect, that channels
I havo been opened, through which vaiuablo know
j ledge may bo poured into their minds—when we
| become fully cognizant of the fact, that such iusti
j tutions as the one under consideration, furnish the
j mcans of Withdrawing immortal souls from the fields
j of nonentity, as it were, and bringing them almost
j t 0 an equality with the most highly favorod of us.
I' n t * le knowledge of their capacities and destinies,
I wllat heart doos not overrun 'with gratitude to the
: Supreme 'river *1 all good, that ho has furnished
! us with methods by which wo can elevate tho con
j dition and add to tho happiness of the unfortnnatc
Luring tho progress of tho aforesaid exercises,
tho audience frequently manifested tho high degree
of their satisfaction, by involuntary bursts of en
thusiastic applause ; and I have no doubt, that had
each one present been called upon to contribute
towards the support and education of Leaf Mutes,
he would have given vastly more than tho smai
tax that might bo required ofhim by law, to extend
the capacities of the Institution.
The House concluded the amendments to the bil
to prohibit tho importat ion of Slaves into this State
and on motion, the amended hill and substituti
were ordered to he printed, and are the special ordc.
for Monday next.
Tho bill for tho government of the State Road
received its second reading, and is the special ordci
for next Wednesday. L. I
Book Table. ~
Messrs. Geo. A. Oates & Co.,have laid upon ou,
table the “ Reveries of an Old -Maid,’; embracin ■
important hints to young men. Illustrative o °t
the notable arrangement of that celebrated es
tablishment, u Capsicum House.'’
This work ia embellished with forty-three
engravings. A glance at them is sufficient to
excite a desire to glance at what is said in the
book. Young men ought certainly to be desir
ous to receive u important hints,” and youn*.
ladies are very apt to wish to know what those
hints are. We can say nothing as to their merits,
as we have not time to examine them.
Also, " Dan Marble, a Biographical sketch of
that famous and diverting humourist, &c.. with
reminiscences, comicalities, and anecdotes. &e._
By Falconbridge, author of Provincial Drama.
Scenes in Prairielands, &c.”
The title page contains this very true and
expressive proverb: “ One laugh is worth a hun
dred groans.”
A Good Yield.
A letter from Mr. H. P. Mattox, who resides
at Pleasant Hill, in this State, mentions that on
one acre of his bottom lands he made this year
eighty eight and a quarter bushels Corn. This
is hard to beat.
Theatre.
To-morrow is the last night of the season,
when the tragedy of Damon and Pythias will be
repeated, “Who speaks First,” is the afterpiece.
Harper s New Monthly Magazine, for the
current month, with its usual variety of choice
selections, its elegant embellishments, and fault
less typography, has been laid uponjour table by
Messrs. J. A. Carrie & Co., who have it lor sale.
\\ e know of no periodical in our country which
more successfully combines the utile et duke , or is
more worth the patronage of the lovers of pure,
elegant, and useful reading, than the New-
Monthly. Get you a copy.
The above Monthly has also been received by
Messrs. Thos. Richards & Son.
Segars.
We have been presented, by Messrs. Girar.
dky & Parker, with a sample of La Estrelle de
Pihja.a fine flavored Segar. They keep on hand
a good supply, and those in want of a good st
ride, would do well to give them a call.
(COMM U N rc A T F D.)
Milledgevii.lk, Dec. 2, 1851.
The House of Representatives has been en
gaged the greater part of this day in considering
the case of Cornet, of Morgan county, who was
convicted of the crime of murder, sentenced to
be bung but respited by the Governor until the
pleasure of the Legislature could be known.—
This case has excited considerable feeling among
the legislators of the land. An impression pre
vailed among many that Cornet had not received
a fair trial; that the community in which he lived
was excited against him—and indeed it has been
intimated that if the Legislature should pardon
him the people of Morgan would oppose it by
force, and hang Cornet at any rate. These cir
cumstances all operated in favor of the criminal.
The modest demeanor of his wife, who with Lei
little boy sat in full view of the members, served
to increase the interest in this case. The devo
tion of woman. What a theme !
“Oh tell me what is woman’s love,
That still it will burn on.
When faith and vows are broken all,
And even hope is gone.
It slumbers like volcanic fire
While all is ico above,
Consuming still unseen the heart:
Ah this is woman's love.”
Mrs. Cornet has left her cheerless home and
repaired to Milledgeville to be present on an oc
casion which was to decide the fate of her hus
band. I venture to express the opinion that had
she remained at home the result of Cornet’s ap
plication to the General Assembly for pardon
would have been unsuccessful. And yet his
wife did notspeak, as far as it is known, to hal 1
a dozen members. There a modest, pretty wo
man sat, with her little son, I believe deaf and
dumb, occasionally wiping the tears from her
eyes. A pretty woman in tears and the life of
her husband at stake ! Who would resist such
influences I I believe it is the commion opinion
that Cornet was only guilty of manslaughter;
but had he been guilty of murder, murder too of
the most aggravated character, I could not, under
the state of feeling in which I was to-day, have
consented to his execution. Among the gentle
men who address the House on the subject, were
Mr. Hill from Troup, and Mr. Floyd from Mor
gan. Both of these gentlemen in able speeches
contended that this case was not a proper case
for legislative interference, that as wilful mur
der had been committed, and that justice de
manded the punishment of Cornet. On the side
of mercy were Mr. Russell from Lumpkin, Mr.
Thurmond from Jackson, Mr. Mobley from
Harris, and Mr. Milledge from Richmond. Never
did poor criminal have more earnest, more able
advocates. I was particularly struck with the
speech of Mr. Milledge, and if he speaks on all
subjects as he did on this, the citizens of Rich
mond county have good reason to felicitate them
selves on having so able a representative. Mr.
Milledge is the only surviving son of Governor
Milledge, the devoted friend to Georgia in the .
time of her greatest need. It was pleasing to f<
see his son in the Capitol of the State.bearing the
honored name of his father, eloquently pleading
for an unfortunate man who had forfeited his
claims to life by a violation of his country's laws.
I do not say that Mr. Milledge’s speech saved Cor
net’s life, but this I affirm, that it contributed in
a great degree to change the feelings of many
who were disposed to vote against his pardon.—
Mr. Milledge is a forcible, impassionate speaker,
and produces a good impression in the House. —
This was evident by the silence which pervaded
—by the sober look—the tearful eye. It was an
eloquent appeal.
The vote wasjtaken. Cornet was pardoned-
And never did votes fall more sweetly upon hu
man ears than when the Speaker announced
For his pardon, ayes 63. nays 38.
SPECTATOR.
NEW WORKS FOR CHILDREN.
NO Such Word as Fail, or The Childrens Joar
noy. By Alice B. Neal.
Little Gift Book, by Cuclo Ainerel.
Child’s Story Book, “ “
Summer Holidays, *• "
Christmas Stories, “ “
George's Adventures, “ “
Winter Holidays, / “
Just published and for sale at
GEO. A. OATES A CO.’S,
deo 6 Piano, Book A Music Depot, Broad-st.
Ha rper 7 * magazine for decjember
has been received at GEO. A. OATES A CO. 3
Piano, Book and Music Depot, Broad-st. .subscri
ber* will pleas* call for thoir copies. deo 6