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Southern banner. (Athens, Ga.) 1832-1872, September 07, 1832, Image 1

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$#ii “ The ferment of a free, is preferable to the torpor of a despotic, Government.” >n VOL. I. ATHENS, GEORGIA, SEPTEMBER ?, 1882. NO. 25. cry Southern Banner* IS PUBLISHED IN THE TOWN OF ATHENS, GEORGIA, EVERY FRIDAY, by albon chase. I Train —Three dollars peryear, payable in advance, I t,"j„llars if delayed to the end of the year. The Ue°r .i»»n«be rigidly exacts of all who fail to oeet their payments in advance. P No subscription received for less than one year, un- L,j the money is paid in advance; and no paper will f/disconlinued until all arrearages are paid, except al JL option of*bs P»Mi» h « r - A railure on the part of luhscribers to notify us of their intention of rehnquish- , n i accompanied with the amount duo, will be con sidered ss equivalent to a new engagement, and pa- W Ao* willbe inserted at the usual rates. •<T*K\\ Letters to the Editor on matters connected iritlithe establishment, must be post paid in order to I*irT» Notice of the sale of Land and Negroes by Ad- ministrators, Executors, or Guardians must be publish ed sirIv days previous to the day of sale. The-ale of Personal Property, in like manner, must l N.Lm ih.tAppiiwt!"n -ill bo roaOetothe Court of -Ordinary for Leave to sell Land or Negroes, must be gNotice that Application will bo made for Letters of ■Administration, must be published thirty days, and for (Letters of Dismission, si* month}. [mail arrangement TO THE GOLD MINES. PLF.ASAN I T'VO-HORSE COACH now runs twice a week from Athens, by wsy of —mpgDanielsviile,Madison Springs and lirneivillo, to Clarkesville; leaving Athens every 'nesday and Saturday at 6 A. M. and arriving al llarkesvillo Wednesday and Sunday evenings—Leave Jlarkeaville Tuesday and Saturday at 8 A. M. and ar ive at Athens every Wednesday and Monday eve- lings. The Stage lino is continued from Clarkesville itoCooperstown every Sunday, and returns to Clarkes ville every Monday; and will convey passengers 10 Cooperstown, Gainesville, the Falls, Gold Mines, and /iron Works, on Tuesday and Friday of each week. By this arrangement the regular Stage from Aogusfa to Ctrnesville, by way of Petersburg, is met every Wed nesday, going and returning, at Carnesville—and the AuguBta and Milledgeville Stages are regularly met at Athens every Monday and Wednesday evenings; so that the mail aipi passengers will not be detained on either route from Augusta to Clarkesville. Passengers leaving Augusta Thursday morning, can reach Con- peratnwn Sunday evening by way of Athens; or Icnve Augusta Sunday or Monday morning, they can arrive at Clarkesville Wednesday evening, either by the Athens or Petersburg Stages. ;cy“ Faro, eight cents per mile. THOMAS KING, Contractor. August 31— 24—41. DISSOLUTION. T HE Cu-parinerahip of Hiilcnins& Holt, in the practice of Law, has been dissolved by mutual consent. They wtlljointly attend to all unfinished bu- ness. NATHAN I.. HUTCHINS, HINES HOLT. I.awrcnceville, August 1G—2-1—4c. Nathan L. Hutchins W ILL continue in the practice of Law, in Gwin nett, and in the counties of Hall, Jackson, Walton, Newton, DeKalb, and Cherokee. LawfencevNIo, August 31—94—4t. Hines Holt W ILL continue the practico of {.aw. in Gwinnett, and in the counties of IVulton, Hall, and Cherokee, of tho Western, and Coweta, DeKalb, Campbell, Carroll, and Heard, of the Chattahoochee circuits. Lawrenceviile, August 31—94—4t. IC7** The Georgia Journal and Augusta Constitu tionalist, will insert the above for one month. H. & H. THE THOROUGH BRED STALLION QUIDNUNC, H IIS arrived at his stable in Wash ington, Wilkes county, (Ga.)— and will commence the Fall Season on the first day of September ensuing, at KrteinTdoilats the single service, to be paid at hand— 'twenty dollars tho season, to be paid it any time with in the season—and Thirty dollars for insurance, to be paid as soon »a the marc may be ascertained to be in foal, or transferred front the possession of the person who engsges her. Fifty cents to the groom, in hsnd, for every msre. The Fall season will expire on the firnt of November. The next Spring season will com mence on the first of March at his present stand. Any gentleman becoming responsible for the season of five marcs may have tho season of a sixth gratis. Good pasturage will be provided gratis, for mares sent from a distance; they will be feu with grain at 95 rents per day. Every care will be taken to prevent accidents or <escapes—but the proprietors of the horse will not be responsible for sny that may occur. It is our expects lion to make the present stand of Quidnunc n perms Stent oi\e—and every effort will bu made to do justice <o those who may encourage bis services. Quidnunc is a rich Mood-bay, with black legs, mane and tail, fifteen bands, three inches high, six years old next spring, of fine action, bone and hair. Quidnunc lias been purchased at Baltimore, on high recommendation, with' a view to improvo the stock of Southern horses. His high origin justifies the expec tation that this object may be accomplished. He was gotten by the full blooded imported Arabian Bagdad, (who w»* sold in New York for $8,000.) out of the famous thorough bred mare Rosa Carey, by Sir Archy —Rosa's dam was Sally Jones, by the imported Wrangler—he by Diomed, sire of Sir Archy—having two direct crosses of tit. Archy blood with thorough Arabian blood. His pedigree is not nniyjiril rote, hot authentic. See American Turf Register, Nov. 1831, page 159. U is presumed that Quidnunc nee the es sential properties of a racer—for he was entered forth. " Maryland Stallion sweep •takes," against ill stallions in that stale, and no entry was made against him; («« American Turf Register, Dec. 1831, p. 105;)-and he ■wax sold out of training bv P. Wallis, E«q.'« the prw sent proprietors. {American Turf Reg. Mg,, 1839, page579.) D. r. HILLHt'USE, ' R. A. TOOMBS. Washington, A.gnst 31— >4—91. <£onrmtttt{rTt{om MONEY TO LOAN. CtEVBRAL HUNDRED DOLLARS may be obtain- (9 ed on loan; bv application at this Office, Aug. 17.-29—if. FOR the southern banner. Mrssrs. Editors,—Tho following ia the substance of a teller which I had the honor to address, in reply to an invitation to attend a public meeting and partake’ of a public dinner at Lexington on the 3rd inat. The committee have exercised the privilege of withholding tho letter above refered to, from publication, and without at all questioning their right to do so, in complianen with the wishes of some of my friends, I now request you,to give it a place in the Southern Banner. T. HAYNES. August 22nd, 1832. Sparta, July, 1832. Gentlemen,—f have received your letter of the 21st inst. requesting my attendance at a public meeting to he held in tho town of Lex ington, on the 3rd proximo, and also, to par take of a public dinner at the same time and plare. My engagements being such as to prevent n compliance with your kind invitation : I beg leave to submit the views and sentiments which i entertain, and which I should express, wore it in my power to be present. There has been no question before the American people for these last thirty years, so full of interests and so big with consequences es the tariff; and none which has merited so large n portion of southern reprobation. I believe th>- tariff to be unconstitutional, and I know it to be unjust nnd oppressive, und this opinion I have confirmed under the solemn obligation of an oath. 1 maintain the sovereignty of tho States, to the utmost tittle of their constitutional rights— I love and cherish the union, believing, that upon its durations, depends tho liberty and happiness of the people. I confidently rely upon the virtue and intel- ligeuco of the people—upon their capacity not only to govern, but. to govern well, and that although they may be sometimes led astrny bv the influence of designing men, "they will ne ver remain long in the wrong upon any great political question." I am opposed to the doctrine of nullification as promulgated by the' politicians of South Carolina. I support Gen. Jackson and Martin Van Buren, for President and vice President. But while I denounce the tariff as unconsti tutional and unjust, nnd while I maintain the sovereign power of the .States «itliin their con stitutional boundaries, to its utmost extent, I beg leave to enter my solemn prolest against the measures proposed by South Carolina— because I am fully pursuaded, if once set m motion, they cannot stop short of dissolution. That one state can possess tho power of re pealing an act of twenty-three co-ordinate Slates, by the peaceful operation of her author ity, nnd that the remaining twenty-three are equally bound to submit, is a solecism in gov ernment. I Tone state does possess the pow er contended for, it must he constitutional power, and whatever is constitutional must be binding upon tho whole. Admiltingtho right claimed by South Caro lina to nullify an net of Congress upon her own judgement of its onconstitutionnlitv, does not the same power belong equally to the oth er stales? Suppose twelve states declare a law unconstitutional, and the other twelve should sustain its constitutionality, each poa. sensing precisely the state right to decide for itself, which would be right, and which wrong? It is said a slate may nullify an act of con gress and still remain a member of the union. There may be cases in which it might be true, but the nullification of the tariff by any state inevitably places that slate out of the union. Can a state be considered in tho union when she withdraws her support from the govern ment? can she he in the union, when she re fuses to contribute one cent to the public Treasury? I think not: then if South Caro lina nullifies the tariff, she thereby opens her ports und declares them free; she at once cea ses to contribute a farthing of revenue because no duties will then be collected in her ports, and she is expressly prohibited by tho constitu tion from imposing any duties on impoits with out the consent of Congress. She might however, under these circum stances, contend for her membership, upon the same principle that she nullified, to wit: her right tbjudge—hut would not the remaining states assert the contrary upon the same prin ciples? most certainly; for whatever powers and rights the nullifying states might claim for herself, she must in accordance with her own principles concede to all the rest—Thus under the exercise of the right claimed by South Carolina, an act of nullification by one state not being obligatory upon her co-sovereignties, must lead to collision, to civil war, and ulti mately end in disunion. It is therefore in my opinion, not only visstonarv in its conception, but wholly impracticable in its operation. Bul l am not to be underatood as denying to a stale the right of secession or revolution —1 hese are natural unalienable rights, which I would be as free to exercise, when oppres sion becomes no longer sufferable, as any other citizen. But has that period arrived ? has indeed our boasted republic proved itself a chimera in one little half century ? Heaven forbid it—the rights, the happiness and wel fare of mankind, forbid it For one, I will not despair of the republic I will place mv reliance upon the great funda' mental principles of our governmental will rest my hopes where Mr. JeffHrsnn rested his, upon the virtue nnd intelligence of Jhe people. If we (rust the democratic principle, it trill save us—if we cast it off, and commit our- selves to the phantom of nullification, all is lost—and the day which announces the sepa' ration of these states, will toll the death knell of liberty. Wise and considerate statesmen will eon' siderJhe effects ofthetr measures,will look well to the consequences of their actions. Thoy will not always exercise n right because they possess it, but will examine and weigh the probabilities, 'l Jf forbearance in the exercise of a right wUr produce morn ultimate good, than its immediate enforcement, common sense aud common prudence would say for bear. I cannot believe the argument is yet exhaus ted—indeed I do not think Hie question has been fully discussed. Our southern people instead of taking it up dispassionately, as a question holween the manufacturers and con sumers, are discussing it mainly upon section al grounds—thereby exciting the angrv fee' lings of both parties, and making it in fact, n contest more of passion than of reason. Then let us reason together—let us speak to our northern brethren the words of truth nnd snberuoss —let us admonish them “hv our common kindred” and common interest to do us justice. Lot ns enlighten the people of New England by sending our arguments among them—shew the consumers every where, tho enormous taxes imposed upon every article of consumption, for the benefit of a privileged few. Instead of sending inflam- atorv tracts from South Carolina to Georgia, let South Carolina, Georgia, nnd the whole of the South, send sober, temperate, argumenta tive tracta to the tariff States. VVe shall then have made a fair trial of the democratic prinei plo, nnd if it shall fail, it matters little what follows: for if the people are not sufficient ly wise and virtuous to sustain republican government upon ils broadest principles of equality nnd justice, the doctrine of nullifica tion will avail us nothing; nnd I take leave, here to affirm, that there is no power but the moral power of tho people, which can save the constitution. They are the great coscr vativc power of the republic, and there is none beside them. To their sober wisdom, I fearlessly commit the destinies of my country, with undnubting confidence in thoir wisdom and justice. VVe should ho slow to the adoption of monsures which may endanger our union, for although tho evils which wo suffer, are great, still gren ter have been overcome by the people; and if this union shall once bo severed, it will be great, nnd I fear a hopeless undertaking to unite it again. Remember fellow-ciliznns, "united stand, divided wo fall." We cannot stand di vided, I repeal; nnd bad as the union may be in ils present unequal operation, the time has not arrived when we should sit coolly down nnd calculate its value. Wo will suppose for a moment, that seven or eight states should withdraw from our union and declare free trade with nil the wnrld ; would not the oth er sixteen or seventeen states, retaining the present form of tho federal government, still retain also the navy, the nrmy, and indeed ev ery thing properly belonging to tho present government ? could wo expect from them more kindness nnd more justice in nur new re lations, than they have shewn us while mem bers nf the same family ? It requires a very slight knowledge of human nature to answer this question, ' Would thoy consent that foreign goods bo imported duly free into our, little republic, whereby all their manufactures would be ox- eludnd and their best customers cut off? no. The same spirit of injustice of which wo now complain would still pursue us. But it may be said, that England would not permit it— “ Aye there’s the rub." We should bo the hone of contention between Old and Now England—we would he the subject and thea tre of their strifes ; nnd destitute of a navy, without a single attribute of government 'o make ourselves respected, we should exist under their alternate protection and plunder ings. Let us then cling to the union, in firm reli ance on the final success of our principles, for " truth is mighty and will prevail," I frank ly confess, there was a time, when catching the infection of the breeze, I was almost per suaded to be a nullificr, hut upon n little re flection, the alarming attitude of South Caro lina, and the utter impracticability of the doc trine, have produced upon my mind a settled conviction of its mischievous tendency. The enactment of the sedition law in all its bearings upon the rights of the citizens and the principles of the constitution, was far more outrageous than the tariff, and aimed a more direct and deadly blow at the sovereignty, of the people—yet the wisdom of those (imes did not pul the union at hazard, in attempts at state nullification. Tho great democratic leaders of that day, relied upon the power of their principles. Instead of wasting their ener gies in threatening! nnddr-noncin'ionsagnti.sl the federal government, they went out into the great harvest field preaching and teaching the people. They cried aloud and spared not— they invoked tho wisdom and patriotism of the country to rescue themselves front the thral dom of their oppressors, and they did not labor in vain. The civil revolution of 1800 verified nil their hopes and predictions in the triumph of democracy. And are wo less wise and pa triotic than our fathers ? are we afraid to sub mit our own rights and interests to the judg ment of nur peers ? I trust not. This is o momentous question, the issue of whirh lies beyond the ken of mortal prophecy. The doctrine of nullification presents dangers on nil hands, nnd though it might for the mo ment relieve us from a single oppressive act nf the government, the evils which I have glanced at, would I fear form but a small item in the melancholy catalogue of its disastrous results. The importanco of re.elecling Gen. Jack- son, demands our united and vigorous exer tions—between him and Mr. Clay thero lies no lialf-way ground, and it seems to me, that a Southron who opposes Gen. Jackson, or even stands neutral between him and Mr. Clav, must he the victim of somo fatal delu sion. South Carolina stands in this predica ment ; nnd while denouncing the tariff with its authors and abettors,sho is in effect advancing the interest of its greatest Champion, Itv with drawing her support from Gen. Jackson.— Will Georgia pursue the same poliry ? I trust she will no> fur a moment hesitate in her choice, hut will exert herself to the utmost, for the success of the man “ who has filled the meas ure of his country’s glory.” Tho fearless stand which he has taken upon the bank ques tion—the pure doctrines embodied in his mes sage upon that subject, should confirm our onftdence in his patriotic devotion to the prin- iples of the constitution. But hear him— “ Nor is our government to be maintained, or nur union preserved, by invasions of the rights and powers of the sovernl states. In thus attempting to make nur government strong, we make it weak. Its true strength consists in leaving individuals and slalos, as much ns possible, to themselves ; in ntnking itself fell, not in ils power, but in ils benefi cence, not in its control, but in its protection, not in binding thp states morn closely in the centre, hut in lenvingeaeh to move unobstruc ted in its proper orbit. " Experience should tench ns wisdom.— Moat of the difficulties our government now encounters, nod most of tho dangers which impend ovor our union, Itnve sprung from an abandonment of the legitimate objects of gov ernment by our national legislature. Many of our rich men have not been content with eqiiul protection, but hnve besought us to mnko them richer by art nf Congress. By attemp ting to gratify their desires, we have in the re sults of uur legislation arrayed section against section, interest agninst interest, man ngainst man, in a fearful commotion which threatens to shako the foundations of nur union. It is lime to pause in our career, to review our principles, and, if possible revive that devoted patriotism nnd spirit of compromise which dis tinguished the sages of tho revolution, and the fathers of our union.” And iri conclusion, he says; " In the difficulties which surround us, und the dangers which threaten our institu tions, there is cause for neither disntny nor nlnrnt. For relief nnd deliverance let us firm' ly rely on that kind providence which, 1 am sure,watches with peculiar cure, over the des tinies of nur republic, and on the intelligence of our countrymen. Through Hit abundant goodness and their patriotic devotion, our lib erty and union will he preserved." These are the sentiments of Gen. Jackson —sentiments worthy the sublimes! contempla tion of the Christian and patriot. With hint at our head tho Federal Union will not only be preserved, but the govern ment bn brought back to the good old republi can track. With Henry Clay al our head, what evils may we not predict ? The last lingering hopes of tho south would expire under the withering influence of his administration, and a dissolution of tho union would follow.— Then 1 beseech you, “ look on this picture, nnd on this," pause arid consider, whether it will not ho wiser and safer 10 forbeur at least, until the presidential election is over? a few short months will ductile that contest, and whde wn can lose m thing, tve may gain eve ry thing by our prudence and forboarnnee. I repeal it, we must have .Jackson and union, or Clay and disunion. But lest tny vote upon the writ of error from tho Supreme court in the case of Tassels, should bo brought up in judgment against Hie opinions herein expressed, I tnko oecttsion here to say, that, that enso, nnd the South Car olina question of nullification, are essentially different. In that case, the contest was strictly be tween a single branch nf the federal govern ment upon a question purely loral in its nature, nnd one in which no other stale but Georgia hud any direct interest. Georgia had extended her own jurisdiction over her own soil, and the people residing upon that soil. In the enforcement of her authority, the federal judiciary interposed to arrest the operation of her criminal laws.— What did Georgia do? she threw herself upon her sovereign tights, disregarded the mandate of tho court, and pxocutrd her laws. She did not call upon tho other states to come to her relief, it being a matter purely between hcr- aelfand the court, the result of which, either the ono way or the other, was by no means calcola- led to disturb the harmony of the union. She did not threaten violence,secession or nullification, but proceeded calmly but firmly to the execution of her laws, determined if violence must ensue, that she would not be the aggressor. 8jie stood in the a'titudo of self defence against the usurpation' of the federal judiciary, upon a question as I before remarked, altogether lo cal in its character. Does the tariff present such a case? is it a question exclusively between South Carolina, nnd the federal government, or is it one in which all tho states aro directly interested?—- The question is easily answered. The operr ation of the tariff act is co-extensive with the union, however unequnl its effects may be up on different sections, and it is a subject in which all the states have a direct or tangible interest, much to the benefit of some, and greatly to the injury of others. One stalocan- not therefore act upon it, without coming in direct hostility with the interests and opinions of some others; and each having an equal right to judge of its constitutionality, and very different opinions being known to exist in difi feront slates, tho nullification of tho act by one, nr a portion of the statos, would inevitably lead to collision, and end in calamitous consequen ces. Thus I think, I havo shewn a striking dif ference between the two cases—That the first being local in its nature and having no con nexion with the interests of other stales, could not be exported in produce any dangerous excitement beyond her own limits, while the other being ono nf general operation, affecting every state and section nf the union, either fur good or for evil, could not be resisted by a por tion of the slates by the mode under consid eration, without producing a contest, (be ef fects of which, I shudder to think of. I may be asked, how long I would endure the tariff before I would resist its operation, or whether I would consent to submit to it as a permanent measure. To this I reply, that I cannot number tho yours, months nr days, but I would endure it just as long ao my faith should remain unshaken in the groat democra tic principle, which lies at tho foundation of this government. But how soon I shall yield up that first, last, best hope of my country, timo alone can tell—I trust in God, never, never, never ; for whenever that great anchor of our hopes shall fail, then may our country’s epitaph he written. I believe it will not fail, for although the ac tion of the government has gone wrong for a time by the folly or wickedness of its agents, the elements are yet pure and unpolluted—the honesty und patriotism of the people will bo found all sufficient to “ redeem, regenerate," and perpetuate tho true principles of the re public. I would therefore most earnestly recommend to iny fellow citizens, dimness in their opposi tion to tho dortrine of protection, but temper- anfe and moderation in their measure*. If South Carolina is resolved to rush blind fold to the confiict, let her reap the mischief or the glory alone—but let us admonish her, lei us implore her to subdue her passion, to stay her hand until one more appeal is made to tho jus'iee of hnr countrymen. Tell her it is a foarf"! thing to destroy our union, and that those uhn shall be instrumental in its destruc tion, will have an awful account to render to posterity. Tell her it is not her patriotism we question, hut her policy; not the intent of her acts, but the results. In conclusion, gentlemen, I beg you to par don the length to which I have drawn out thesa remarks, hut the magnitude of tho subject, the fearful agitation of a sister state, and the awful calamities which must follow a severance of tho union, must plead my excuse. Confiding in the patriotism of my fellow citizens of Ogle thorpe, I feel assured thnt whatever measures they may adopt, whether in accordaee with my views, or not, they will be governed by prin- cipes of unalloyed attachment to their country- With sentiments of respect, Your ob’t Serv’t. THOMAS HAYNES. FOR THE SOUTHERN BANNER. ESSAY—NO. II. In ottrformer essay we concluded with a no tice of the doctrine of free and liberal construc tion of the constitution, as advocated by the Federal party. We have now to notice eno. ther doctrine proper to the leading men of (bat party, fully as much, if not more dangerous. It is that doctrine which contends that tha government of the United Stale* emanated efr- redly from the people, and not from the states —thnt it is emphatically a government of the people, and that the Supreme court is the only legal expositor of the constitution, and conse quently, the only just arbiter between t|$ States and General Government, in ell case* of alleged infraction of the Constitution. Tha object intended to be accomplished by the es tablishment of these premises, is obvious; it is to prove that the government of the United State* is not Ftdttal, hut Jfational. That this is the whole scope and object of the arguments brought forward for their support, will not ad mit of a consistent doubt }* for.lt is clear that if it can once be established that the Cojigli- * Vide Webster’s speech in ths debate on Foffent solution.