The Georgia constitutionalist. (Augusta, Ga.) 1832-184?, July 03, 1832, Image 2

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11 n; i I. »v «a ! t;I i iroTc e. |j 1 I BUMS— f hi fctkif ; | üb:i-!.-• I f * • tr > * f• • y n..>r: .v.g, §."> jn_r aunurii | I ;it.d t«.r the v.<» k' *»'*. ■j.; -,a advance. * I Airv *■* ’’•**" ?- r ,J vr : a.-wci.-hiy t>2 I.2cents for the > ***■•• a '*d 13 3-1 )■.r c . ■?» .-iub.-Hquem insertion, 'I * f “* monthly tar §l, *JJ 5 r «.juar<* for each insertion. d tcr>e 1; r ad writ.-, tea’s pm re i.-rrangcincnfs are . ® V tie 1. ;■ : n is mafic on the advertise- ,c ii.eiits afpurmo officer . dJ I'rum ihf Suuihtrn Patriot. i In,- Kfii’f»rs of the X. \ ‘ir'.i Evening Pos‘, ad- ; dress d •'.jveral fju< ries tu Dr. De Kav, a highly 1 rc- ;»e able Physician of X ;’.v ork, who had 1 ’»i./** ’ i the 1 fleets ol C’ho era at Cons'anlino- ; l p*o, uni was himself attacked with i*. The following is his answer to the queries addressed 1 to him. j 1 Gentlemen—la reply to your request for infer- j 1 matioti respecting ifo EnnKMic Cjioleka, as it j 1 0 curved at Constantinople during my residence j there, 1 have to ihmit the following St.'it; n'ent. During tin.- an mile, of August and September ‘ 1 • we bad m;»**\ vague reports respecting the *. 'ijipf •■•. ranee of ( liolerainthe villages a round Con- j stan'inople ; but several ol the medical practition- i!" a sored me that it had been confounded with j 1 o’h< r diseases. At length, however, it made its r * 77 | I upj" at neemalorin uo> t*j be mi itaken,on board j on American man-of-war, Iving off tSeraglio t| pom*. Several ol the crew were attacked in one ; day. a; d 3 of the cases terminated fatally in the d eouj seoi a few hours, i could ascerfam nothing ij i ■ pe Aug tin; nature or treatment of these esses, as the pi oeeeded to sea on thy following | d . A.fter this period, frequent cases occur- 1) red, and the progress ol'the disease was similar. I' M;my eases wuu; 1 occur m tiie course of a single night m on l ,* village, and in one or two days q would entirely .; ■ ippetir. It would then re-I appear in the same sudden manner in a village T s*.*voral miles dis ant, or in a par icular district : of the city; and after a few days it would cease, | 111 the same inexplicable manner. I he American ship United States, then lying I* in the port ol Constantinople, had an unusually j, healthy crew', and while the Cholera was raging [j among many other ships in the harbor, this ves- 1' sel had huhci .o es< - q-ed. Un the 21th of Sept, ij l the Cholera made ns appearance on hoard of't j this vessd. in a very severe form. The first ; officer whs 1,,-izaJ about midnight, and died in 0 hours. —\\ ithin an hour afierthisdis**aseappear ed, seven others of the crew w ere taken down in a similar manner. For several days after this, i j new cases continued to appear on board, out of , a crewoli/') men, all but o were attacked, and j frequent relapses occurred among the convales cent four cases terminated fatally. Two. of’ I these (blacks} refused to submit to the usual re- | medics until too lab*, and in the two other cases,! J the disease appeared at the commencement un- , der such severe form, that nothing st/eined ca pable oi arresting its progress. 1 was afterwards | j ■•.illeij to several cases in the city & its suburbs,! ( aii.i l>\ pusinngto its lull extent the practices de-i laded below, the disease was uniformly arrest-1 ( d 1 iciefence to some ul the quefics con- tamed in your note, I A-el some reluctance to re-| j p!y. Many ol tnemare not necessarily connect-1 | od with the treatment ot the disease, but the| | public are so much interested on this subject, that' ‘ 1 leel bound to state at least the result of my own * observations. I. i fie cause of the disease I believe to be » unknown, but.it is usually attributed to some pe- j culiiii state ot the atmosphere. During my resi- ( dence at Constantinople, comprising a period of ( .nearly six months, 1 kept a register of the wea» L ther, and cuind not discern that either the tern- ! j perulure, or gravity of the air, or any particular j ( winds, hu i any agency sn producing or extend- |, dug that disease. —. Ihe predisposing causes were errors or ex- b cess indict; exposure tonight air ; irregularities’!, m regimen ; fear, anxiety, Ac. .C Ihe essence ol the disease appears to con- sist in un accumulation ol blood in the veins and U about the heart. . 4. Ihe disease rarely occurred iu any two q places under the same form; nor, as I wasmfor-! 1 1 rned by the oriental physicians, did it always ap. 1 J pear under the same tbrm lor two consecutive ij> seasons at the same place. The chief cliarac-lli (ers ol the disease were, however, constant, and j the same medical means were employed. At 1 *! Smyrna, the most striking symptom was disco]- 1 ortition of the hands, which" at Constantinople 1 it had never witnessed. ; 5.’ The mortality was greatest in lew damp! r situation Ain the vicinity of fresh water streams. " At biuj rna, which is built upon a marshy snot, 1 the mortality was very great; while at Constant!-’ , nopie the disease appeared in a milder form. ti. Cholera is not contagious. -My own expe rience is confirmed'by that of‘every oriental i physician with whom 1 consulted. It "rarely at- s lacked more than enema familv. T] ie Turkish ■ t (Joi eminent, at the suggestion of the medical 1 t lacult\, 1 «.iused to establish quarantines against 1 this disease, but took other steps which might be I worthy of imitation elsewhere. A pamphlet was! j. • published by order of the governmcßf, giving a i history ot this disoase. the means of guarding 1 against it, and the treatment to be "employ! It ed. These tracts were gratuitously distributed It in every town and village throughout the Em- -( P ti . U 1. 1 tie greatest mortality occurred among t those wiiose mode of living was particularly *t meagre and abstenhons. Cholera made its first t appearance among the Israelites of Smyrna, duimg one 01 iheir las s, suk! committed great t ra\ ages. Ui> lar irom being mv wish to recoin- ■ ( mend intemperance, but Ido uol^ hesitate to state 1 that the occasional use of stimuli, in the shape of i generous wine, bramK-. or gin and water, was It found highly serviceable during the prevalence 1 of the Choh ra at Constantinople. I need hardly t remark that the habitually intemperate lose Vil t the benefit of this remedy. 1 S. Every thing in tins disease depends upon i prompt medical aid, \\ hen this was resorted to. t ut an early stage. Cholera became a mild and ea- t silv manageable disease. > 9. Whether Cholera will appear here, is a 'l question I cannot undertake tc answer. In case £ 01 its appearance, it wifi no doubt bo much modi- r fied b\ oui habits, dtc. and in all probability be 1 rendered a mild disease. From what has been t stated above, it may be inferred that Epidemic I Cholera wid, ia ad probability, be much more 1 severe m places w here intermittent fevers usual- i Jy prevail. I c I atm Gentlemen, very respectfully, yours, dec. jl a J. E. DE KAV. ,ik CHATHAM COUNTY. li Extracts from the Presentments of the (J:£nd‘. i Jury f May Term of the Superior Coart . ‘The Grand Jury advert with pleasure, (among o:h< r topics allud' d to by his Honor Judge Law, at the commencement of this term.) to that of the IV niterriary Fysfem. They ar»* itnwill ing to believe that the people of Georgia, can give up a sy st» in founded upon the ackoow K dged ■; principles of philanthropy, and the improved condition ol civil.zed society, vv.thout a further i : struggle to ingraft it again into the jurispru-|i" dence of our if tate. IT the details of the sys-ji tern, or the interior management of the Prison 1 * O i j may not herclofor* have given entire satisfac tion to some ; or t!.*- d expense »f main taining such an inetimtion, may with other causes have contributed to its abolition by the ' last Legislature, we trust that the public voice | may yet induce the next Legislature to restore ( the system. We are gratified to see in many | ( parts of the State, the favorable notice taken of , tins subject, by the Grand Juries, if the single , matter tfeconomy should have entered into the j, motives of some of our Legislators to vote for its a boh ion, we doubt very much it.deed, if ,i that opinion is not founded m error. We believe j[ that under the old plan of confuting prisoners s in the County Jails, a much heavier expense j falls to the lot of each County, than under the p Penitentiary system, and do not doubt, hvit that j' convicts are as well, if not better treated, than j if confined in the County Jails. We feel confi- j, dent that when prisoners are brought to trial j, forerimes commuted under thq laws, as they | ( now exijt, in many instances;, Jurors will /cun to the side ol mercy, ultho’ justice calls fjr con-1; demnatiotj. Under the Penitentiary code, that U is nut so strong. Who would not pre fer to s'-e his feTlovv-man confined within the wails , of a Penitentiary, where he can be made to j work and aid in ins own support, than to sec , him publicly whipped, branded or otherwise |, mutilated'? Wo have understood, and believe j it tu be a fact, that after the destruction of the former Penitentiary buildings Ly fire in thejj spring of 1331 —a new edifice, three stories 1, high, having 2b separate cells in each story, !, and built of stone, has been erected at an ex- j: pense not exceeding 19,000 dollars. The out- ' er or surrounding walls of the former Penilen- , tiary are still standing, and nothing is wanted, but a repeal if the law of the last Legislature, on this subject, and a suitable appropriation j, made to erect other buildings and work-shops i, on a plan far more advantageous and desirable, because of the experience acquired as to defects I, in the old brick buildings, one of which was, in I, not having separate cells. , The Grand Jury coincide with his Honor , Judge Law, in Ins views relating to the estub- , lishment of a Court of Appellate Jurisdiction. Such a Court is indispensably necessary to ren der certain and permanent the tenure of pro- ( perty throughout the State, and to make the . practice cf the law uniform in the several Judi- ( cial Circuits. Without it, the laws will be, as they have hitherto been, liable to change, by j reason of the different interpretations of the . Judges, over whom there is no tribunal which j, has centroid. We believe that such a Court ! can be established at inconsiderable expense, I, and we earnestly recommend the attention of; our members to the next Legislature, to this im- b portant subject. Amongst the exciting topics of the day, and U immediately interesting to the citizens of Chat ham County, is the proposed State Convention, lor the purpose cf reducing the number of the . members of the General Assembly. q Representatives from counties containing q more than one halt of the population of this 1 1 State, recently convened at Milledgeville, and having recommended to the people of Georgia a convention, for the purpose of reducing the num ber ot members ol the General Assembly, have appointed the first Monday in November next, tor the election of Delegates to the proposed Convention, which shall sit in Milledgeville on the first Monday in February following. At * present, the General Assembly is constituted of ‘ eighty senators and one hundred and sixty-six ! representatives—a number far too great for any 1 useful purpose ; which can only be maintain- ■ ed at a heavy expense, and which, upon the acquisition oft he Cherokee Country within Geor gia, will be at once increased some fifteen or twenty in each house. It is a conceded point i that the wealthy counties contribute chiefly to the I! pay ol the members, and the support ot" the : 1 State Government, without being represented ! in proportion—not to their wealth—but to their < population. Chatham County, with a repre- j seutative population of eleven thousand eight 1 hundred and sixty.six, aud a state tux of six 1 thousand dollars, sends to tne General Assem bly one Senator and three Representatives. The Counties of Appling, Baker, Irwin, Marion, Montgomery, Randolph, Stewart, Ware and Wayne, with an aggregate population of 11,127, paying an aggregate lax of nine hundred and < forty dollars, send nine senators and nine re presentatives. The state burthens of Chat-j ham, compared to these nine counties, are asj six to one. Ihe privileges oi these, compared! to Chatham, are as follows : In the Senate! they have nine members to her one—m the} house of representatives, they have nine mem bers to her three. In the Senate, Chatham is; as one to eighty—these counties compose one s ninth of that body. In the House of Represeuta-; 1 d'ySj Chatham County represents one-lifiy- 1 1 fifth of that body—these counties one-eiMi-l t teemh. They draw for the pay of their Dele-; ! gallons in the General Assembly, three thou-jl] sand rive hundred and eigth-three’dollars, morel 1 than they contribute in tuxes.—Chatham Coun- I ty pays five thousand and twelve dollars more / than she draws in that way. It is confidently believed that ho cue disposed 1 to give the subject a dispassionate examination,!!! can close his eyes to the flagrant injustice of the | ! present system, and refuse to acknowledge that, 1 < by the existing mode ol* representation, power is t taken from the populous counties and given to’ < the sparsely peopled—that those who assess thejj taxes, do not represent those who pay them, and !’ that the revenues ol the 7 reasury arc disbursed ? by those, and to those, who do no? pay them. So j long as die existing ordifr of affairs shall con tinue, it will be in the power of ihe small coun- ! ties to defeat the will of the large counties of the < tUate, because power is absolutely placed in the ; hands ot a minority of the people* in the State, who < are without pretensions lo superior intelligence,' ; patriotism or virtue. But great as are these evils, in a pecuniary |*s point of view, and oppressive as they necessarily t are. there are others that have a greater claim t upon tiie consideration of an enlightened com- > munity. It is a melancholy truth' that the in- t crease of intelligence has not kept pace with the 11 increase of members in the General Assembly ; i and there are strong reasons to apprehend that so I f long as the present state ol affairs sba*i continue, ! \ i fids fiiult. will not attum tli at reputation for cu- ;? lightened and liberal legislation, to which her' i ipopulation, territorv, wealth and the aggregate: intelligence of her citizens give her well fovtnJ-j ed claims. It is believed that the journals of the General, Assembly will sustain us in the assumption that to the present unequal and partial system of Re presentation, may .main!} - be attributed the re peated failures to have established a Court t»i , Errors, so necessary to the lull administration o* - justice in the protection of property, and the se curity of the liberty of person. To the same may at least in a very great measure, bej . attributed the abandonment of the Penitentiary g System, in consequence avowedly of deli cts in g its organization, to which it had been subjected ;i bv the persevering hostility of its partizuu eue- >j. mies. • i The friends of u liberal and enlightened system r cf internal improvement, can look alone fur sue- j cess from a ju*-t and wise re'-organization of the > two House? of the General Assembly, by which ~ those whoipay the taxes may have ti toice in ! r their appropriation, and those who have voices‘g in the general elections may be heard in the A codncils of the State. j!c It is therefore respectfully recommended to the g citizens of Chatham c mnty. to elect three dele- A gates on the first Monday in Nov ember next, to j attend the convention to sit in Milledgeville, on the first Monday in February Thereafter. We present as a subject of serious coasidcra- j tion to this county and to our fellow-citizens oi Georgia, the mode bv which the trial by Jury is' o'J _ j conducted, in so far as it requires unanimity to | allow a verdict to bo returned. We are ofopin- I .■ ion that the law requiring unanimity in the tie-' 1 ~ . cision of Julies, has some advantages, but on the! whole the force exercised on men’s opinions, by the apprehension ol'long cle etilion —by tlie pride and obstinacy of parties, must be such as on ; reasonable grounds might fairly be expected to ! remove from many cases the ample discussion & ; free expression ol sentiment which their impor-;j tance demands. 11 ! Os the same character is the confinement and I abstinence from food, required of a Juryman, tod three him to come to a conclusion which his - judgment may forbid, where ten men may be the j victims of one or two, and public justice, either! - criminal or civil, be defeated. It would appear that the public sentiment has : overreached the law in various modes, such as ; the dispersion of Juries,‘or by allowance of the; Court their disagreement acknowledged and ac- O O ceded to. The attorneys prepare themselves, take natural rest and food, speak to the Jury un til they have exhausted the argument, and retire; the Judge delivers his charge and may adjourn! the Court, but the wearied Juryman must cornel to a decision instanter or bo shut up until he j docs. The humane and enlightened Judges of this | day are proceeding with all courtesy & conside-1 ration in these matters to alleviate the law in its' enactments, or penalties, as they may more pro-; perly be named; knowing therefore, that the sys- 1 tern is a remnant of past barbarism, we would ’ .. wish to see the alteration contemplated by this presentment, viz : That two-thirds or three- j fourths, or ten out of twelve of a Jury, might find i a verdict in any case submitted to them, or the! c rule of unanimity be retained in criminal cases. jh The spirit, of the age and the increase of knowi- ;lr edge are in opposition to physical force to con-jit troul men’s opinions, and like many inventions,;; < good iu themselves. The trial by Jury, ought to'jc be submitted to the improvements of the times A! ( precedent give way to common sense; there) i; should be parallelism with the general institu- j I lions of the country, which do not require abso- 1 f lute unanimity in higher controversies. CHOLERA. The latest information we have is contained in what r follows, taken Irom the National Intelligencer of June v 2Cth. C “Os the Cholera, our accounts from Montreal 1 continue gloomy, and from our own border 3 doubt!ui and contrary. The following few para- s graphs on the subject, are tire most material brought by the mail of yesterday : j ' Extract from a letter received by the Mayor of\ f New. York from the Mayor of Albany, date d\ ' J Friday, 4 o’clock, P. M. i v “ Our accounts from the north this morning, ' are favorable. Letters and official reports from Plattsburg and Burlington concur in stating that '! there are no new cases there. “ The rumor of there having been any inOg densburg is unfounded. “ There are no emigrants coming in. I trust! g that the minds of our people are becoming more t ; tranquili-zed. Extract of a private letter from Messrs. Hedge f ( Lyman, dated e 74 Moxtekal, 18th June, 1832. r (X The Cholera is still raging, and with in- ! o creased virulence. The Board of Health report, d 16th instant, half ptist 2 o’clock— a Cases from the commencement, 1635 it Deaths, 312 v New cases from date of last report (24 i u hours) ' 431 j 0 Deaths, 82 |f, So tar as cases are concerned, the Board off a Health may be nearly correct, but as it regards i the deaths no one here believes it. In no parti a of Europe where the disease was the least viru-l c lent and physicians most skillful, were the deaths) less than Ito 4. For the three first days he re-lie there were no cures. \ ester day (Sunday) our h book-keeper says there were more than one ' t< hundred dead bodies carried past his house. Our j it Mr. 11. confined himself to his house, and from! s. his chamber window had a good view of the! p cholera hospital by the windmills. There was e hardly twenty minutes intervened the interment ( m ol some body. They were deposited in a large 8 trench, and some lime scattered over the bo- * n dies.” * : a ' o ANOTHER LETTER. j h Montreal, Monday, June 18, 3?. m. ! e Messrs. C. Carlton Ac Co. I e Dear Sirs : Business, for the present, in Mon- d treas, is at an end ; there are but three or four; k country merchants in town; at tins time, of our'L acquaintance, and they leave to-morrow. The : xi cholera continues to rage with all its fury : there- « are many shops shut between the New and Old! ti Markets, and we expect the principal of the* a stores, bank, Ate. will be closed in a few days, if; g the disease does not abate. We cannot give b any correct account of the number of deaths! a which have taken place fur two days past, as! it the Board ol Health have issued no bulletin, tt but shall probably get a correct account by to-! til morrow. Many have, lelt, and are now leaving, j tor the Slates, lo say wo are not alarmed ;|c : vv o—lti be ioolishness, but we conclude wo arc T as safe here as shotad be any where else, J as wc have the medical faculty at hand. d lit spectlally yours, ‘CARLTON A-COOK. ’ Bv C. Carter. 1 - ■ From tlc New- York J acricah. j' WEST POINT. The examination at this institution closed on Saturday last, and we may doubtless P soon expect tlic report of the Board ol \ isitcrs. That it will be favorable, highly favorable, in its j ; views, both of the general utility of that school, ■. and of the present remarkable proficiency oi die Cadets in all the branches taught there, cannot be doubted by any one whoso fortune it may a have been to u i'n ss the recent exaur.ua,ion. V\ ed . ~( ! J know that it surpassed the expectation ol s ve ral who were prepared to expect a great deal, !i The knowledge acquired by such apjdication A .g tiioroughuess of learning, as can alone carry a !_ young man through the ordeals of those exauiia-ij 1 ations, must, in after-life, whatever behisca-jg reer. prove a public benefit. The rolls of vene- : raljiierit having been arranged, wo lay tolore; our readers tlu names of the five C adds in eacu . class most distinguished at the General Examin-d, ation in June, 1832 : Is: CLASS—I. George W. Ward, Massachusetts. ;!. 2. RobeitV. Smith, Mississippi. 3. Benjamins. Ewell, Virginia Jjl 4. George W . Cass, Ohio. , ■ t 5. Jacob W. Bailey, Khode-Lland •3J CLASS—I. Jonathan G. Barnard. Massachusetts. 2. Frederick A. Smith, Massachusetts. j 3. William If. Bidell, Now-York. 4. George W . Culluin, Pennsylvema (j« 5. Ruths King, New .York | ! 3d CLASS—I. William Smith, Xew-York. 2. Harrison Lou diborou Ji, Kcntucky 3. John Sanders, Florida, 4. John F. Lee, Virginia. : 5. James Duncan, New-York’ j ; lib CLASS—I. George M. Legate, New-York, ie 2- Thomas T. Gantt, Virginia. |ld 3. Charles H. Bigelow, Massachusetts, jj' 4. diaries J. Whiting, Maine. 5. Mjatgomery Biair, Kentucky .HXß3, I *35?. FOR PRESIDENT, j AABRSIW !, VICE-PRESIDENT, j 31 ART IA VAN BIREN. MEMBERS OF CONGRESS, j, 51EN H Y UII AMIA3I, of Putnam. !j ( AUGUSTIN S. CLAYTON, */ Clark, \, THOM AS F. FOSTEK, of Greerie, 1, ROGER L. GAMBLE, of Jefferson, ||: GEORGE 11, GIL M Eli, of Oglethorpe, \ CHARLES E. HA VIVE S, of Hancock, j!; SEABORN JONES, of Muscogee, 11, JAMES M. WAYNE, C.f Chatham, |j RICH ARII 11. WILDE, Os Richmond. , .. ... ... .'■■■" . —h-wr I' i TO CORRESPONDENTS. ji t IT A. B. M. D. is received, and shall appear in our ’’ r next. i t NEW. YORK The late New-York papers bring us the proceedings { of the Anti-Masonic Convention, which met at Utica. l »• Thursday, the 21st of last month, 'i’his Convention! nominated Francis Granger as the anti-masonic candi-j , date tor Governor, and Samuel Stevens for Lieutenant; Governor. They nominated also a ticket for electors! ' ci President and Vice President of the United States.! Mg Our readers will remember, that Mr. Wirt, and Mr. Eli-j maker, were nommatea by an anti-masonic Convention, !| held in Baltimore a few months ago, as their Condidatasii * lor President and Vice President of the United Statesr Ik ii: INTERNAL IMPROVEMENT. )U The bill making appropriations for certain internal ira. j provements for the year 1532, passed the Senate by 2S+| v votes against 14. The yeas were Messrs. Bell, Benton,) c Chambers, Clay, Clayton, Dallas, Dickerson, Dudley, [ Ewing, Foot, Frelinghuysen, Hendricks, Holmes, John- «t ston, Kane, Knight, Naudain, Prentiss, Robbins, Robin. t son, Haggles, Seymour, S.lsbee, Smith, Tipton, c Tomlinson, Webster, and Wilkina. The nays were a Messrs. Bibb, Ellis, Grundy, Ifayne, Hill, King, Man. a gum, Marcy, Miller, Moore, Poinde?:tsr, Tazewell, Tyler, and White. Our two Senators were absent, y when this vote was taken ; had they been present they a would have voted against the bill, for the day before,; a on ordering the bill to be engrossed for a third reading, ! the votes were yeas 26, nays 13, Mr. Forsydi among) c the nays. i tj SUPREME COURT OF THE U. S. The decision of the Supreme Court of the United , •-1 * v btates, in the case of the Missionaries, has attracted! f j the serious attention of the people of Georgia, and pro- 1 duced some excitement in the public mind. We must ' confess that the subject was calculated to create much. leeling in Georgia. But we were, in a measure, prepar ed for such a decision; at least wc were prepared to receive any decision from the Supreme Court without our being a party in the case, with our consent. The * decision of that Court against us should have created f :io uneasiness in Georgia, fer the motives which led to i it, have a closer connexion with a great election, than! with the welfare of the Cherokees. This decision, there-j j ; fore, should have created no surprise. But the principles! upon which the decision is based, were of too danger-' a ous a nature to pass unnoticed; and “Jurist” has per-! formed the woita no doubt, to the satisfaction cf every Georgian. He has placed Judge Marshall in an unenvi-j g able situation; we do not know how this gentleman will! je able to extricate himself from his embarrassment !i and inconsistency. We shall leave him there, and pro ;eed to offer a few remarks upon the subject before us T How does the Missionary case stand? We passedaj « aw, which, as a sovereign an independent State, wc-' aad a right to pass, because its requirements did not ex-' :end further than the territorial limits of the State, and! .ts penaines could affect those individuals only, who re-! “ sided within those limits. If we had not the right to! t« pass such a law, it follows, that the right ive have ex- 1 n ercised since the Declaration of Independence, and 'if widen we have claimed as a sovereign and independent ' r State, —to establish a criminal jurisdiction and ajudica- ■ti :ure within the acknowledged territorial limits of the! I a State, —has been ail along, an act of usurpation on our I C part, ana an encroacament upon a higher power—which i t' tngher power, by-the-by, did not exist when we declar- j ad ourselves independent, and which we ourselves have S contributed in creating. To this higher power, indivi- v iuals, affected by the law of Gc-ogia, appeal. Georgia h ® cued to the bar of that higher power or tribunal. S Did Georgia appear, and by appearing, acknowledge 1 z -he jurisdiction of this power ? No. Georgia refuses ! \ ;o appear, and to become a party. Why ? Because n his higher power had no more right to take cog- tl nuance oi the case than the Emperor of China. Be-1 p ng no party in the case, with cur consent, it shouldi C >e perfectly indifferent to us, what the decision may be, I miess ;t aflects indirectly some other interests, and uhJ o ess the decision, having been given against us, is at. h erapted to be carried into effect. Then will it be time- 1 ii or the people of Georgia to act, with energy and effect;ijfi md they will ac: with a full knowledge of all the para- : h -urars and circumstances connected with the case:! n ino essays of “JuTTSt,” Gov. Cass and “ Oglsthorps J* if have Est nothing to be explained, cr wanting or. this j head. In the mean time, let us be quiet. The decision of tlit; Supreme Court cannot injure us, unless attempts are made to enforce it, either through the ministration of the Marshal of the United States, or through agon- , cy of the President, supported by the army and navy of j the United States, nil eitht r case, we have but one 1 course to pursue, and tins course is dictated by pm- j deuce and self-respect. When we shall be called upon | to act, it will have to be on the defensive. Wo may ; have to forbid and prevent the Marshal of the United States from exercising his functions in the case inquos- , tion, or we may have to f .pel an invasion of our terri tory, under the pretext of enforcing a h gal decision of ! the Federal Court, and punishing tlic State of Georgia ; ior daring to assert and defend her most essential right", j Cut we shor'd wait with patience and forbearance, the , ■ , , . , •! uinngs of tne Supreme Court, w.th regard to its Jeci-ii su n. mid the course the Federal Government may ulti mately take in the case of the Missionaries. Let us pursue the even tenor of our way, regardless of all consequences, especially when we do not depart from i tile dictates oi self-preservation, from the provisions of: our state constitution and laws, and from that respect widen is due to tne federal constitution, and to the an-!j thoridcs it has created. Let us pursue such a course, Jj and we have nothing to fear. |j Besides the many reasons which suggest then,selves I j to ns, for'renranring quiet at this important crisis of oar li political atlairs, we must bear in n.ind, that we all have good grounds for believing that the decision of the Su preme Court has been made against us, in order to in fluence the next Presidential election. A majority of the Justices, with Chief Justice Marshall at their head, are opposed to the present administration, and especial !y to the re-election of General Jackson. Hence, the decision in tile case of the Missionaries, though incon sistent with, and diametrically opposite to former deci-ji sions of thir same Chief Justice of the United States, | as iS ciear!y shown by “Jurist.” It behoves us in Geor-lj gia, deeply interested as we are in this transaction, to ■ act with moderation, but w ith firmness and energy. Let us act in such manner as to msappoint our enemies and the * neinies ot General Jackson; for there are men a mojig us who pretend to ad-bcate his claims, but who | are at heart, the concealed and devoted friends of Mr. j , Calhoun and I\lr. Clay, and men who dare not come for-' ward, and manfully express their opinions to the world,! respecting the next Presidential election SOUTHERN CONVENTION. ; ! The leaders of the nullification party ki South-Caro-1 hua, are opposed to a Southern Convention, because, - say they, it would be an unconstitutional assemblage. 1 But nullification, on the contrary, is a peaceable and j constitutional measure of resistance to an uncotlstitu- . tional law us the Federal Government. They quote > the Constitution in support of their opposition to a Con- 1 venders, ICth section, Ist article. Why dc they not 1 quote the saifie instramenf as authority for nullification? [ A Southern Convention is not prohibited by the letter ■ and sp.nt cl the Constitution, while nullification is irre concilable with the principles upon which the pub- 1 lie institutions o' the country are founded. A Southern Convention would be nothing more nor less than a meet- < ing of delegates from several States, intent upon ob- l taining a redress ot grievances, in a constitutional man. i ner, ami for the purpose oi consulting one another upon * the best plan to be pursued for the accomplishment ot < that object; which plan is to be submitted to the 1 States represented m the ConVcnfioh for their final ac- I tion upon it. I nis Convention would have no more ■ I power—no more authority—thap the Convention of the 1 manufacturers at Harrisburg: the Convention cf the 1 friends of Free Trade in Philacelphia; or the Con- I ve-ntion of the friends of monopoly in New-York. j 1 The Constitution says, that “no State shall enter info I any treat}', alliance, or confederation“nor shall, 1 * without the consent ot Congress, enter into any arree- ; . i / ment or compact with another State, or with a foreign ; „ power.” Ihe delegates to the proposed Convention. 1 cannot be invested with the power to enter into any; , treaty, alliance, or confederation, in the. name of the i , States they respectively represent; nor can they enter ■ into any agreeement or compact with another State, or’ *” with a foreign power. The delegates could not exes-! j cise suen powers, while their States remained in the Union. It is only after their separation from the other States—after the dissolution of the Federal Union, that ij,. the States, in their sovereign and independent capacity, \ can form treaties, alliances, or confederations, with one ■ another, or enter into any agreement or compact with t ] another State, or with a foreign power. The proceed-' c ings of the proposed Convention would have no binding ’ u force: the delegates would have only to recommend the 1 adoption ot such measures best calculated tc accomplish a certain object—leaving it to the legislature of their j respective States, or to the citizens fhemeH-. es in State j - Conventions, to sanction those proceedings by the udop- ’ e don of the measures recommended. , t On the other hand, can nullification he a constitution- 1 P il mode of redress, for the oppressions of the Tariff? j 11 What expressed power in the Constitution authorizes! r •he nullification, by one State, of an act of Congress, 1 whether unconstitutional or not? What implied or in lidental power authorizes it? The Constitution autho- 0 rizes the citizens peaceably to assemble, and to petition :j die Government for a redress of grievances, which indi- s tales that the redress must emanate from Congress. In some cases, municipal regulations could be resorted to,' * tertectly constitutional, which could counteract or mit- ~ gate the effects of the Tariff; but such regulations 0 ■vouM not nullify the law of the Federal Government. u Municipal regulations may not violate the principles of v he Constitution, while an act of nullification would r ilace a State in direct collision with the Government of he Union. To sum up these desultory remarks, we t: will say, that there is a wide difference between a Con- 11 mention ar.a nullification. Call aConcentiorr, and all the 3 Southern States are on an equal footing in that body. H \dopt nullification, and you recognize South-Carolina as he leading member of a new confederation of States,' r ] o be formed from the dismemberment of the present ; ( tJnion. | i g COMMUNICATIONS. ( Messes. Editoes :—Admitting as I do, that •' every citizen as well as physician must feel in-* v :erested in the advancement of the science ofj o nedicine,” and that “every manoeuvre which j a s calculated to retard it or deteriorate from the; jt respectability of the profession, must call fori tl die disapprobation of the community,” I feel i? • it my duty to examine the grounds assumed by “ all b Citizen,” for his opposition to the Medical Insti-Hh rate of Georgia, in your paper of the 29th uit. ; a The gentleman thinks that were the profes-ljr sors to“ reflect a moment” they would “be con- i! p vinced that the institution is uncalled for.” Will 1 h ne refect and tell us, that opportunities for in- tl str action are uncalled for in a State whose citi- tl zens must travel to distant lands for education ? C V\ ill he say, that because a man has not the | r neans of leaving home in quest of knowledge, 1 c :hat the community should be exposed to the de- v predations of an ignorant practitioner of modi- o :ine? a Again, he complains of “ the crowded state v jf the profession,” and thinks a medical school li acre “ would b® calculated to injure its stand-; ti ag.” I must confess that I cannot perceive the! h :orce of this objection. Competition among! n lonorable men can never derogate from the dig- j li nty of their profession, and must ever eventuate 'a n its advancement and in good to society. ‘ q j 1 would respectfully remark to the genllciii-,. jthat this is not a mere reorganization of th jcademic furmfr the institute ; but an orgeng 4 tion of a new College of Medicine of c'jur I standard with all others in the United Slot, iaud which has already received assurances j t lte most cordial reciprocity from some of th most entitled to respect, j The professors in accepting the task bes them, did so after much rjleetion, and with ac" j sense of their inability to do it the justice it i / ! rits. They were actuated, however, bv a jeere desire to advance medical science, and * the conviction that a school might be il. ■; hero with every prospect of success, and y | come an honour to their profession as well as- | the State. They rely with confidence* on: ! ; good sense of the community and on the n * jcurrence of every enlightened and hones Phv! ! siciau, and cheer fully submit the subject :of. coiisic«•,rcition* r ? Those who may feel any interest, in exam- I ing the opinions which have been publish.. ■.} wffl j“ Oglethorpe,” are advised to look lor thin.''’.H jhis writings, not in t lie represents ions of tl ; j who.profess to answer him. That the latter i ! jaot be relied on, the fwo following examples" ilected from many othere, will be a sufuc. e !- ! proof. In his last number, the Editor of th y Lmoniele* sujt> * How does Lus accord wj his [Oglethorpe’s] former argument against tL. decision of that tribunal, [the Supreme" Court Ln i the case of the Missionaries ? lias he nut du n declared and proved, that it had not jurisdictiuil * in that case I And il it had nut in that, how cart A? it have in this 1 Both are alike, in principle—Ay questions on the reserved rights of th“ staffs—f yand political tjuestions, out of the Conslitutioa.i I r j between parties to tJiO compact, and not “c'-.t M im law and equity, arising under the Cons diu tion ’ on which, alone, is jurisdiction awarded that Court—There arc tvv o passages only, in :i. • “ former argument,” Relative to the jurisdicti °1 the Court. How far they correspond wi,;> tiie intimation of the Chronicle, will upiKiur bv | comparison. They arc as follows ;■ — “ Whatever rights, titles, o~ privileges, Georgia a -- sovereign, either by succession, or assumption, .«<;v r I any tone hate allowed to the Cherokees, her s over in !!! ty excluding all foreign interference, necessarily tbrbh.f that any tribunals but her own, slioald dstemine t!u nature and extent.” “If (.'rout Britain had limited herself in that sovi - Aunty, to wiiicn it is alleged, tin t, the states h ,v. cee Jed; it is clear, that excluding aw she did, all c>... ous intervention in her colonial afftirs; nhe would u.-.l* have permitted any foreign judicature, to decide wC: was the extent, of her self-imposed limitation:!. C :,'.-! quently those states which are her supposed euo could not suffer 'he Supreme Court, to interpret r - c,-:. ons of their local raver cignty, on a topic mt mik'd It il to it, by the Const tut on. Let the Judges a<t>rfa ' - what powers Georgia has relinquished, or dt i n I ! the Federal Government—that is their conre'-n; nci ■$ what powers she originally possessed—for whrueva their origin, that is her conceni alone.” la the same paper, the person who wrifeeun. der the signature of “ Georgia” says—- If W e I understand “ Oglethorpe,” we believe, in a for. I iner essay, against the decision of the Sur oinc Court, iu relation to the Missionaries, ho fully I and unequivocally ( sustained, the entire, uni. | bridged sovereignly of the States.. He now i modifies this sovereignty, by saying, that 0p.,:- has been yielded for specified purposes-.” ]; that writer turns to th r fifth page, of the panip!.. let containing the “former essay” (his gloves f being olf, the trouble can bo very little) he will find these identical words : “ Bug members of the new confederacy then, accei- f ing to n ns sovereigns, not dragged into it as fragments x a general population, lust by the change, oniy«« much > I I'l. their sot, reign rights, as they had relinquished, or due r . gated to the General Government.' 1 Perhaps after the perusal, he may suspect, I that in referring to (he written opinions of other.-, .1 the humble fidelity of a transcript, is quite as sale, I as the sprightly license of a conjecture. Another mistake of the Editor of the Chr >n. I i<?lo, not precisely of the same sort, yet entire. | analogous may serve to shew, the very slender ? I preparation w hich is thought requisite, tor ;» | commentator on the constitution. Oglelhonx had said— “ 1 he Federal Constitution ia a compact, By which -he pfSf ilartcen sovereign states that adopted it, renounced a Iwr certain portion ot tlieir powers ; and also delegated a ecu Uuu portion, to be jointly held by all the parties, under I the formot a general government.” The Editor quotes him thus—“ Oglethorpe” : * , declares iu the outset “ Plic Federal Constit r ? lion is a compact by which the thirteen Sovrr- • - sign States wlio adopted it, renounced [Q,u. e ■ trusted or delegated] a certain portion of thui: | i powers.” He then proceeds—“ Admitted; but h ? 1 no farther than as expressed, and as a principal | y ] renounces or entrusts, to an agent.” "By hi; I ? tuery, he insinuates that “ Oglethorpe” has mis. | 1 taken tin '‘ ord “ renounced,” for “ entrusted,’ | ‘ nr “delegated ’ evidently himself supposing, tits’. > < all the original poweysof the States are either t t served, or delegated. Let him rend over tits ; > Uqnstitution attentively, pausing at No. I. Sec. ’ ( 10. Art. 1-, and at Art. 10, of the Amendments j ! — he will then discover, that the original powers | of the States have undergone a threefold division. ‘ into the reserved —the delegated —and tho.- a I ‘ which witliout being delegated, are renounced, I | relinquished, or prohibited. 1 r L ‘j the argument of either the Editorial Ar- ‘ tide, or the Communication, Oglethorpe docs ‘ not consider it necessary to reply. When rea- - ‘ sonings present themselves, which seem to re- ‘ pure his attention, it will not bo withheld. ‘ TO JOHN MARSHALL, CHIEF JUSTICE OF THE SUPREME COURT OF THE U, STATES, AND JOHN M‘LEAN, ASSOCh ATE JUSTICE OF THE SAME COURT. Gentlemen, The decision which you have made in tin ‘ * writ of error Samuel A. Worcester vs. the S’< jf Georgia, has been published to the world. | « md is therefore the subject - " « ust criticism, without subjecting the critick te *' » :hc charge of contempt of the Court. ladec? I * t has already received two reviev/s ; one attn y " * buted to tlic Secretary of War, iu which tie t ■fistoricai facts connected with Indian rights, rw A - and customs, have been collected and ar m, « ranged, so as to place the Supreme Court con. "f. « detely in the wrong, so far as historical fact y# « have any bearing upon the question decided by m - the Supreme Court; l\7e other signed OgU ' * ihorpe, attributed to tne pen of Col. Wiiliav f Gumming, of Augusta. The latter principally K < relies upon the facts presented by the dechiw ' . □f the Supreme Court, and demonstrates mor I victoriously, that the reasoning and inferecc ■< * i of the Court are erroneous, from the premise 'y, t assumed by the Court. Neither of these re Jf * views appear upon their face to be the produ- < •ion of a jurist. \et they are conclusive i a * -beir nature, according to the object which cacr. ? * ;iad in view. It may be inquired, where is th* *y <■ aecessity ot any further notice of the decision < f the reviews already presented to the public _ are satisfactory and conclusive ? To this in- mtiry it may be replied, that there is one other p * ' j