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YOU 11. & a A" Independent Republican Newspaper, Publish* d <i* Auraria, Lumpkin County, Georgia, devoted to the preservation of the Union, and Sovereignty of the States. The sycophant of no Party—the slanderer <d no Individual—the friend of Jackson. PUBLISHED EVERY SATURDAY MORNING, By M. H. tiATHRIftHT. Terms -Three Dollars per aim u.i when paid in ad vance or at four dollars, it'not paid until the end of the year. N r p iper will bo discontinued, but at the option of flio Editor, to any subscriber in arrears. Advertisements and Job Work will be executed at the customary prices. <.'omrnunications to the Editors must be posfjnaiu'fcj entitle them to attention. No subscription received for less than a year. EXECUTORS AND ADMINISTRATORS’ DUTY Notice to Debtors and Creditors to be publisliep six weeks. Prince’s Digest, page 157. AH intended Sales of goods and chatties, belonging to testators or intestates goods and chatties, shall be published in two or more public places in the parish {coiodyj where such effects are to be sold, and in the gazette, at least fort v days before the day of such in tended sale.— ibid 151, All sales to be between the hours of ten and four o’clock, and if continued from day to day. notice to be given thereof on the first day of sale.— ibid 167. Sales of real property to be on the first Tuesday in the month, at the place of public sales,after sixty days publicaf ion.— ibid 17 J. Application for Letters of Dismission published six months. — ibid 163. ESTRAYS To be advertised by the f’lerk of the Inferior Court SHERIFFS That advertise with us are notified that to make their sales legal, those for April must appear on the first day of March. Fpr May, by the fifth of Apiil For June, by the third day of May. For July, by the thirty-first day of May. For August, by the fifth day of July. For September, by the second day of August. For October by the sixth day of September. For November, by the fourth day of October. For December, by the first day of November. Persons indebted to the Intelligence! are notified that wi will receive in payment Bills of any denonii nation on any of the solvent Banks of this Slate. s ■ or publishing a new weekly Newspaper, at Auraria Georgia, to be entitled Till-: MINERS KGCORDGR AND SPY IN THE WEST. In the publication of this Paper, the Editor will from time to time, furnish (he public with all the inlnrma- ' •ion lie may be enabled to procure, in relation to the i prophets of the Mines. In addition to which, he will) • hortly be furnished with a scries of Essays, written ! by Literary Gentlemen, who have taken a Geological j ■view of this country, in which will be shewn the com- ; plate arrangement of the diiTvrent Strata <4 earths and rocks, forming this interesting section of country . and in what kind Gold is most •isunlly frund. The Edi-: i >r will endeavor at all times Io proca r from Mine i dagists. literary men and practical observers such .information, as will keep up a constant investigation ofttie various minerals found in this country £n tins way ot Miscellaneous matter, he will mak‘- flic I>. d ill his power both us a dome-tic j -i.n foreign nature ,V regards the political course of this paper, the' Editor will endeavor to pur no a liberal course keep ing at ah times his columns open to the discussion o political subjects, which are or may be of interest to the country. tn relation to his own political opinions, he con siders th< in to be such us have been maintained in the ptoulhein States, from the adoption ot the Federal < on libitiou down to the present time. He believes j that Federal encroachments, should be guarded j a piiusl with vigilence and repelled with promptness I Yet. however, in contending for the Rights ot the 1 State -, be cannot go tothe extraordinary ami danger- 1 ms extent of some of the politicians in a sister Stale ; ! because he believes it would ultimately end in the dr -i ruction of the government and all its rights !!• opinions however he considers ns nothing tnorr ' 'lain the opinions of any other individual, he will ' bercfoie endeavortO net the part of a tnithful Jour- ) *i vli't w ithout being subservient to the views <«f any I party, leaving hi* paper open to the investigation of' truth, and all interesting subjects by nil. The first number of thi* paper will appear in a tew work*. Tkrms—Three do! ar* per annum payable, in ad viiiec or Four DOLLARS at the e.xpiartmn ofi th- Terr, Adv ertising at (he usual rales. Editors of other papers me requested to give the' iibm a few insertions. ALLTON U GATIIRIGHT fell <» ’i ji-innhWi 'juikiLb ATI’ORNK. ATI. VW- Vherokce Court House. Geoig’n. 5 S now prepared to attend lonin professional hum *1 sines* entrusted tn him. Ilc tenders bis thanks to 1 th < persons who have, so liberally patronized him in the Courts when- he has practiced Communications to ensure attention, must come post-paid Apr I 5 —7—ts STEPHEN DOVGLAS ( RXN E, ATTORNEY AT EAW. g AVIXG rem ved to Dahlobnega, Lumpkin coun jj R ty, now tenders his prop ssional sei vice* to the nubile, and will practice in all the counties of the Cln - rokve Circuit; and Carndl, Campbell, DeKaib, Hall and Hab« r*ham counties. Having been engaged fur three years tn gold mining, Ke will (assisted by Mr. George S. Moody, from .North Carolina) act as agent in the examination, and sale of gold lots. l etter* upon cither branch of the above business, addressed to me, will be promptly and faithfully atten ded to. April 5.7 —ts. ____________ BLANK DEEDS For £»aie at ibis Oilier. ANO ’ SPY IN THE WEST. u LET TIIE R F BE UAP.M ’\ Y IV THINGS E• - E rI A- ' 3 'i A TT Y V' T ESSEN TIA I. CHARITY T ’ A’ L 1 AURAR!% LUMPKIN COUNTY, GEORGIA, MAY 17, IS3-1, JOHN LUMPKIN. I ATTORNEY AT LAW j > . AVING determined on a p< i manent location a ) Livingston, in Floyd county, respectfully ten-{ d< rs his professional services to his fellow-citizens. —■ j He will attend the Courts in the several counties <>: | the Cherokee Circuit;and all Executions and other; business confided t<> him by Merchants and other per-’ sons at a distance, will receive his prompt and undi vided attention; and for reference he most respectful ly refers his fellow citizens to Gen. Thomas Glascock, of Aagusta, Col Hunter and Col. Fannin, of Savan / nah. March 8 r 56 TU RM AN WA L TIIA Ll l , ATTOKIS'Zi’a AT ZiAW, H'S located himself at Cedar Town, Paulding county, and will attend to any business in the line of ius profession, thai may be entrusted to bis care. Address, Cedar Town, Paulding County, Georgia April 12—8— ts. NOTICE. I hereby fi.nvr.rn all persons from trading for a Note of Hand given by me to James Burns, some time th*’last of May or first of June, 1833, for ninety-five dollars, on demand. lam .determined not to pay it, as the said note was illegally obtained. WILLIAM WHITAKER. April 5. —7—ts. EARLY LAND FOR SALE. ’ ILL be s Id, in conforiei’y to an order of the "r > Court of Ordinary of Burke county, on the first Tuesday in July next ai the Court house of F.adv county, a valuable Lot of Land known as No. (307.) Three Hundred anti Seven, in th" filth District ot ■ :u'\ conntv belonging to the Estate of Mary alker, de ceased. Terms on the day WILLIAM E. WALKER, Adm’r. May 3,-11 —ids. AD MiNISTRATORS SALE. fi. GREEABLY t • an order of the honorable the In W senor Court of Hall count v, when sitting for or dinary purposes, will be sold on the first Tuesday in Ju ynext, at the Cotirt-ho im in Lc- conntv, the om undivided half of a tract of Lnnd. No. 119 2d District Lee; it being part of the Rea! Estate of Mdley Woodlitl. late of said county, deceased. Sold for the "benefit of of the heirs and creditors of said deceased. Term' made known on the dav of sale. JAMES LAW. ) I GEORGE WOODLIPF, $ A,l,nr p - Mi , 3.—ll—tds V • LU \BLE L (ND FOR SA Li b' subscriber offers for that vai liable lot <■( land with a imorovc nrenl of P> acres, under good fence, and —-If, good cabin s thereon, known as "o. 19 16th istrict and 3rd Section. >r giallv Cher kec now Cass couiity-'ipnn verv accomodating term-; A >ply Ito 'he subscriber at .Jefferson ack-oti conntv SYL> ANUS RiPLF.Y j Mnyß-H-tf. V\LU \ RLE L ND FOR S X LE. ’ 0 Ilf "'iibcriber ffei’sfor sale at a verv r reduce<l price, his valuable Land n d Farm lying in the fork of the Chatla . hoocliee, and • he-tntce rivers, in Hall j county A large portion of this tract of land, consists j jol the first rpi lity river lowgronnds Personswish-' ing to purchase a good farm in the n ighhorhoo” of ' the Gold r gions, would do we'l to call and examine I the remises. ELIJAH HOLLAND • May 10.-12—fit T \KE C XRE TRFSP <SSERS. *■ •HF. Law will be rigidly enforced against all and F any person, or perso s. who may trespass in any .respect whatever, upon L f 't No 953, 12th District. Ist > Section, slt’igted near Tahl ,unec < STEPHEN HAYS. j May 10 12—fit -LLCI* lilh siDfW 9 N the third district third section, is m..v .iiFcred for ■ sale It is represented to be vain,aide. Apply to the undersigned at Milledgeville. N. B. JUII \N. .7gcnf Jay 10. 12 3' i GEORG! • HUROKI E < OUN I V ’BW’ILI.I AM Aarons, this day tolls ’ beitire me » certain Bright Bay 'A H t-c Poney marks s follows, swab tail and roach main, wit a slit in e-i.-h I ear; appraised b Archibald Bradford >nd Benjamin Freeman, Io 25 Dollars, this-Jf,th day f Ap'il l"31 A true extract from the Estiav Book. : J )HN H filYi 1 P PIHi.IPKROFT.c i. c. May 10-12 3t ! GEORM CHEROKEE COUNTY. LED before > e. by 1. Leath J| e.-« .0 the 'l7th District. G. M . ■ «■ rrcl Horse, five er six years old ’ •url'-en hni t* high w ith a roach main nd sw»i. i i nod a binge d w hi« forehead, both hind te. t white appraised by William B ikerand John Ch n n. to forty five Dollars, this 26th cay oi April I ISM. A true extract from the Estrny Book. NOBLE P HELL. J P. PHILIP KROFT. c i. c. May 112—3 t TO THF. TEACHERS AND FRIENDS OF F.Pl’t ATION IN GENERAL. 4 MEETING ot the Teachers'Society will be ' yV held on Monday the 16th day of June next. i al Mount Zion. Hancock county. All interested I in the cause ot instruction, anil Teachers willing to ’ further the objects of the Society, are earn stly in- ■ sited to attend. 'I Provision will be made for members and friends who attend the Society's Meeting. Mr. Reman is appointed to deliver an ad rest. I By order of the Sot i*tv. ROBERT BROWN, Sec y. May 10.—li—tf. - V’.'S ■ 38. V. : Y-ly NW j. From the Mother’s Magazine. A MOTHER’S TEAR. Earth has no eloquence so strong. Deep, soul affecting, v<>* so clear—• That yj. lds far deeper than the thong— As a kind .other’s melting tear. Oft when away ward, stubborn child. I’ve scorned reproof, despised control —- A tear has made me tarneand mild, And bowed with grief my inmost soul. Oft when 1 broke her gentle laws, And turned regardless fro her frown — A tear would advocate her entire, And break my will and melt medown. Sav, reader! last thou eve mourned When thou hast made a mother wee; ? On anguish’s pillow never turned, Xnd sought in vain for soothing sleep ? Frond one ' whose heart is cased in steel, Hast never own’d an earthlv fear— Tell me if thou didst never feel When thou hast caused a mother’s tear. If thou art not of stygian stain Go hie thee to another sphere ! No heart should d »ell in earth’s domain Impervious ton mother’s The Protest (Co trhided ) Still further to oxemtdifv ties feature of t o proceeding, it is important to lie remarked, that the resolution, as originally off '“d 'o the S mate, specified wi'h adequate proms on cer tain acts of the President, which it denounced as i violation of the constitution and laws; ami that it was not tin il he very close of the de bate, and when, per aos. it was ap »rehcmded that a majority might not sustain th-* suer ifi accusation 'ontained in if, that the resolution was so mod'fi' d as to assume ils present form. A more s rikiog illustration of the snnndnes md necessity ofthe rules which forbid vague •md indefinite generalities, and require area sonable certainty in nP judici I allegTians; and a more glairing instance of the violation •»f h'-se rules, has seldom been exhibited. In this view ofthe resolution it must cor tainly be icg.i'dml, not is a vii dic ition o 4 anv particular pr -vision of tho law or the constitu tion, but simply as an 'ffi al rebuke or con demnatory sentence, tno general and ind finite to be easily repelled, but vet suffi 'unt'v pre rise to brmg into dis- redit thr conduct and motives of the Executive Bn* whatever it may have been intended to nccomplish.it is <>b veins that the vague, general. a'«d nb-tr icf form of the resolution, is in per'ect keeping with those other departures from fest muncip'es and settled mi irovements in j ui-prod-mre, so properly the boast ot free countries in modern times. And it is no* too much to sav, o* the whole of these proceedings, that if they shall tie approved and sustained bv an intelligent People, then, will that great contest with ar iiitrarv jiower, which had established in stat utes, in bills of rights in sacred charters, and in constitutions of Government, the right ol every < itizen, to a notice before trial, to a hearing before conviction ami ’<» an impartial tribunal for deciding on the charge, have bee i waged in vain. It the resolution had been left in its origina t'.rm. tl i* not l«> be presumed that it could ; ev< r have received the assent of a maj ritv he Senate, for the acts i- ’» in sperifi 4 as : violations of the ronsit■iittoa and laws were clearly within th“ limits of the Executive a t thoriiy. I'hey are ’he “ill-m'ssi-ig tho late ‘■Secre’arv of me • re is irv. bcmi•tsr he w mid ‘"uoi, contrary, toh ssens,- f !.i- own dut\, ‘ remove ti e mmwv ol 'lie I '-’ales tn depns -1 “tte v. r.h lhe Bank <’f th« U. S’ate- and ts “brandies, m < i>iiformity woh ><<e President's ‘‘•■pnii m; and appointing hi* succossor t<< et ct >t>< h:c nov.il which ins |>e»m done ” —- “ tit a* n» oilier sp» c,fi< - ati<>D has been sus > “'iiim d, and a* these were he i’.xecutivv I “,»r"< eedmgS in reiatmu u> t’v public reve- * ■'nur.*’ prim ip-div rt ferr< (1 loir, me course ot ! tin di-cussioit, they will d'»'n>tlr<* b- gm era! ■ Iv regarded as tii«* a< (s mteuded to l»>- drnoun ' evd as ‘anas niptiou of «uih«»r>t v and powe “not conierred bv the eonsltitition <>rlaws. hut ‘‘in derogation ot both.'’ It t* th< r< ‘ •r«’ due t<i the occa-inn rhat n comb n-< d summary "I the view s of the Executive m res >ect to hem. should b< h re exhibited. Bv me co sat. Hum. “the Executive power is vested m a President <»! me United States.” \moiig the duties imposed upon him, and which he is >worn m perform, is ihat ot “tak | mg rare that the law- be faitl-.fiillv executed." Being ih'iH n> >dr responsible t ’he entire a< - ] tion of the Exeru’ivi- Department, it was bui j reasonable that lhe power ••! appoin’ing; over I seeing, and co* trolling those w.n execu’e the i laws—a power in us nature executive —shodd ! remain in his hand*. It is. ther* lore, not • niy i his r ght, but the « o « itun«»n m ikes it hi- du ! ly, to ‘•nominate, amd by and wup the advice and consent of the Senate appoint,” till ‘oll'l - ers of the United States whose appointments are not in the cons'nutton otherwise provided for,” with a provision that the appointment of inferior officers may be vested in th President alone, in the Courts of Justice, or in the Heads of Dep irtments. i he Executive p twer vested in the Senate, is neither that of “nominating” nor “appoin'- ing.” D. is merely a check upon the Execu tive pt wer of appointment If individuals are pioposed for appointment by the President, by them deemed incompetent or uri.vorhy, they may withhold tin tr consent. and the appoint mem cann.it be made. They check the action of the Executive, but cannot, in relation to those verv subjects, act themselves, nor direct him. Selections are still made by the Presi d.nt, and lie negative given to the Senate, without diminishing his responsibilitv, furnish es an additional guarantee to the country that the subordinate, as well as the judicial officers, shall be filled with worthy and competent men. The whole Executive power being vested n the President, who is responsible for its cx it rcise, it is a necessary con cqu nee, that he should have a right to employ agents of ins own ch tee to aid him m the performaneo of Ins duties, and to discharge them when he is mi longer willing to be responsible for their acts, in strict accordance with this principle, the power of removal, which, like that of ap pointment, is an original Executive power, is left unchecked by the constitution in relation t>> ail executive offi ers, for whose conduct the President is responsible, while it is taken from mm tn relation to judicial officers, for whose acts he is n<>t responsible. In the Govern ment from which many of the fundamental principles of our system are derived, the i lead of the Executive Dep runent originally bad p >wer to appoint ic remove at will til -ffieers, Executive md Judeial. It was to lake the J dges out of this general power of removal, ■nd thus make them independent of the Ex ecutive,'hut tiie tenure of lhetr offi-es was • Hanged to good behaviour. Nor is it con ceivable, why they are placed, in n .r cons'i lution, ini hi a tenure ditf rmi from that of all other ffi •. rs appointed by the Executive, un less it be for lite same purpose. Bm if there were any jusi ground for doubt mt the face of (he constitution, whether all ex ecutive officers are rernovable at the will of the President, it is obviated ;>y the coteinposane oiis construction of the instrument, and the u inform practice under it. ihe power of removal was a topic of sol- < tn.i debate in tnc Congress of 1789, while urg nizmg t .e administrative dep r wient* of the Government, and it s finally decided, ;uai the President derived limn the constitu tion, the pow r ol removal, so far a* it regards’ mat department for whose acts he is respon sibie. Although the debate covered lhe whole ground, embracing the Treasury ns well as all the other Executive Depar’inejits, it arose on a motion to strike out of rhe bdi to e.stabli-h a Dep.ir njent ui Foreign 'ifl’irs, since called the Depar merit ofState, a clause declaring die Sucre ary “to be removable from office by the President of the Uni’ed States,” After na’ momm had been decided m the negative, i’ wa* pen etved ilia these words did not con vey me sense ofthe House o R preset.milve<, tn relation to the true source of Ir- jiower of removal. uh he avowed object of prevent ing anv itirther mterferencr, that this p .wer mis cxeroed b,- he Pre-ideni in virtue of a gram from Congress, winch in fact that body (•ons.d’T dit a- derived fn»m the constitution, • hi 1 words which hid >een he subject of de a to -< te s ru. k out, and m lieu thereof a < intis*! wa-in ertcd m a provision concerning he ( hi'l Clerk <>! lhe Department, which dul mil ii.i "nli •never lie -aal priu< ij> 4 of “f; «r shall b r moved r’r tn ffi eby the pies ••i4eiH <4 he Lu •. d S a e*, or in any oilier “case ol vim an v,” he Chief Clerk should, dm ng s ich vac.im v, have charge of the paper* oi me ffi e I’his charge having been made |i>r the express purpose of declaring lhe sense of Congr. -s, mat the President derived the pon rol r inov il from the constitution, that ac as i pts-cd has always born considered a* a lidl ex|ire--«ion of the sense <4 the Legista mre on .in* important part of the American < ons itutton. Here hen we have the concurrent authority <>: President Vi a*lnngion, of he Senate and the H*»use of Representative.*, numbers of whom h d taken an active part m the rimven tioti winch framed the con*tiiu<ion. and in the S an- conventions, whn h adopted H, that ih«* Pi - -id nt derived an unqualified power of re movai ir<»m that instrument itself, wh.rh is bevond the reach ol L> gis'ativo authority.” Upon tin* principle the Government h..s now iireij ate d ly administered for .bout I' rtvfive years, during which there h-iv . been numerous removals made by the President or bv hi* di rection, e.inbr i< mg every gr ide of Executive offi. er-, from the Heads of Departments to me messenger* of Bureau*. The I r'-asurv Department in the disc iss- • oi 17.89, *x» c nsid red <>n ihe same f mt mg as the other Executive Departments, and aii i > • i•> est mils ung it, :h>» tircc. -e wre incorporated nd>c itive of Ute sense <>< .iigress, that th-- President er to remove the Semeiary from the <-onsti r i'- tion. whi' h appear tn the act establishing ihet Department of F r \flTi rs. An assistac' Secre arv n| the '1 re i trv was created, and i' was provided that lie should take charge Oi the books and p.pers of the Department, “whenever the Secret,iry shall !>•• removed from office by the President of lhe United Stal s.’* Ebe Secretary of the Treasury being appoint ed by the President, and being consider d a« constitutionally removable by him. it apperrs never to Imve occurod to any one in the Con gress of 1789, or since, until very rccen fy, that he was other than an Executive offi‘er. the mere instrument of the Chief Majjistrs'e in the execution ofthe laws, subject, like all oth er Heads of Departments, to hi* supervision and control No such idea as an offi-er of the Congress can be found in the constitution, or appears io have suggested itself to those who origanized the There are officers of ra h House, the appointment of which ts authorised by the cuns ttution, but all officers referred to tn that instrument, as com ing within the appointing power ofthe Presi dent, whether esl iidtshed thereby or created bv law, arc “Officers of the United States.” No joint power of appointment is given io thn two Houses of Congress nor is there any ac countabdity to them as one body: but as soon as any offi mis created by law, if whatever name or character, the appointment o r the pers >n or persons to fill it, devolves i>y the constitu ton upon the President, with the ad vi/e and consent of the Senate, unless it bo an inferior office, and lhe appmulmenl be vest ed b- the law itself “tn the President alone, tn Hie courts ot law, or in the Heads of Depart ments,” Bin al the tunc of the orgamr itinn of th© Treasury Department, an incident occurred which dist nctly evinces the unanimous con currence of the hrst Congress in the prmeinlo that th< ire isury Department is wholly Ex ecu.ive m ns character and responsibilities.— \ muti>>n was made to sinke out the provision of the bill making it the duly of the Secretary ‘'to digo.si and report plans fur the improve ment and mana: emeu! of (he revenue, ami for tnc support of public credit,” on the gr >md that il would give the Executive Depar'rnont of the Government too much mil lenee nod power in Congress. The motion was not opposed on the ground that the Secretary was the officer ot Congress and responsible to that body, which would have been conclusive, if admit ed, but on other which conce ded iiis Executive character tliroiiglinut. Tho whole discussion evinces an unanimous con curreiico in the principle, that the S cret in- of ihe t reasury is wholly an Executive offi er, and the struggle of ihe minority w is to rr-ir;ct his power as such From that ttm • down to tne prc'eni, the Secreary of the Treasury, the Freasurcr, tL gisier, Comptrollers, Au ditors, and v hru , who fill the offices oi that Department, have, in the practice of ihe Gov ernment, been < uiisidered and treated .h on the xiine foo iiig with earre-poiiding grades of ofli -ers in all the other Executive -Depart ment:-. I‘he custody us the public property, unde* such icguia ions us m iy be prescribed by leg islative authority, ha- always been considered an appropriate function of the Executive De partment in (ms and all other Goveriirnen • iu u< cordauee wuh Hus principle. <-verv -pe- Cies <d properly belonging to the U. Siamc, (<-x opting that which is in ibe use of (he sev eral co ordinate Departments of the Govern* nient, as means to atd them in performing nnir appropriate functions,) is in charge of ofFi r.s appoinit-d by the President. whether it be lauds, or buildings, or merchandise, or pro visions, or jfoihmg, or arms and munitions of war. I tie superintendents and keepers of die wnole are appointed by the President, respon sible to him, and removable at his wtl!. Public money is but a npecics of public propeiiy. li cannot be raised by taxation or cuntom-, nor brought into ihe rcusur* in any oilier way, except .»y law; but whenever or nowever obtained, its custody always has been, and always inu-l be, unless the consti tution no changed, intrusted to the Executive Department. Ao officer can be cr aed by Cong«e-s lor the p irp<» e of taking char <* of it, wiiose appom m<m> would not, bv the <’on- Stilutiou, al once devolve on the President, and who would no: tie responsible to him tor the lai hiul performance ol ins duties. Iho legislative power may undoubtedly bind turn and me Piosidem t b< any laws they may tin >k proper or enact; they may prescribe in what place particular portions of the public money shall ue kepi, nd for w at reason it shall be i< m ved, as ih> y inuv direct lha’ S'lpclie- for tii. army or navy shad be kept m p ir'icutar s ores, and it be the doly of the President to see ibat the law is faithfully execm«-d—-vet will me custody remain in the Executive De parirnem ol the Government. Were t>. t n gress io assume, wuh *r wifhom a l< gi-l v© act the ,M >ver <>f of appmn lug officers , ;©• pend n y f the Fie-ideti!, tu like the < g® and cu«wu) of the public property contained tS AO. ???,