Southern banner. (Athens, Ga.) 1832-1872, December 01, 1832, Image 1
“ The ferment of a free, is preferable to the torpor of a despotie, Government.” VOIi. I. ATHENS, GEORGIA, DECEMBER 1, 1802. AO. 37. The Southern Banner, IS PUBLISHED IN THF. TOWN OF ATHENS, GEORGIA, EVERY SATURDAY, BY ALBOY CHASE. ipery or Four dollars if delayed to the end of the year. The latter amount will be rigidly exacted of all who fail to meet their payments in advance. No subscription received for less than one year, un less the money is paid in advance; and no paper will be discontinued until all arrearages are paid, except at the option of the publisher. A failure on the part ol subscribers to notify ui of their intention of relinquish ment, accompanied with the amount due, will be con sidered as equivalent to a new engagement, and pa pers sent accordingly. Advertisements will be inserted at the usual rates. tellers in the Editor on matters connected with the establishment, must be post paid in order to secure attention. ;cj” Notice of the sale of La ;'d and N rtjrocs by Ad ministrators, Executors, or Guardians, must be publish ed sixty days previous to the day of sale. The sale of Personal Prnperly, in like manner, must be published forty days previous to theday of sale. Notice to debtors and creditors of an estate must be published forty days. Notice that Application will be made to the Courl or Ordinary for l-eave to sell Land or Negroes, must be publishcd/ur months. Notice that Application will bo made for Letters of Administration, must bo published thirty days, and for Letters of Dismission, six months. AGENTS. Thomas B. CoorcR, Esq Clarktsville, Habersham Co. Gkokok Hawse, Kb, Gainesville, Halt Co. William Coir a v, Esq. Jefferson. Jackson Co. William Meronet, Esq. Danielsville, Madison Co. Mat. J. Williams, Esq. Lawrencniltc. Gwinnett Co. Anti-Tariff Convention. Fire Froof Ware-House» AUGUSTA. Stovall & Simmons, R EsPECTFI LI Y inform the ; ublir, that »hry continue ihe corii"»i*iMon biuinc* ni •licit NEH FIRE PROOF WARE HOUSE, neaily opposite the Merchants* and Planters’ bank, and a little below the upper market, Augusta. Having gone to great expense, to make secure the property of their customers, they hope for a liberal support from the public, promising that strict and per severing devotion to the interest oftheir patrons, which they have heretofore exhened in tlwir behalf. They are prepared to make liberal ca h advances on cotton, and all other reasonable facihtie* will be afforded. Sept. 28—28—w3m. Co-Partnership. PMlilE undersigned take pleasure in informing the JL citizens of Athens, and the public generally, that they have formed a co-partnership in the Mercantile Business, And opened a Store at the stand heretofore ocoipird by Mr. J. C. EDWARDS individually, under Lie name and firm of THOMAS HANCOCK & CO. Where they iu'end keeping a choice, extensive and fa-biunablc Stuck of Goods, in the varinus departments of their line »f busmen*. They respectfully solicit the attention ol the public towards their establishment. THOMAS HANCOCK, JAMES C. EDWARDS, JAMES A WRIGHT. Alliens, Oct. 5.—29—if. c. & G. n. KELSEY; CHARLESTON, SOUTH CAROLINA, A RE now receiving a general assortment of seasons ble DRY GOODS,comprising every article wan ted for the Country Trade, winch they will sell on nccom- modaiing terms, nt tho Store now occupied by Charles MTntyre& Co. No. 275, King street. Charleston, Oct. ID—31—5t. Notice. FI1HE subscriber having withdrawn from all Mer- JL cantile concerns in Charleston, earnestly requests all those indebted to him, individually, or to the late firm of FLEMMING, GILLILAND & CO. to make payment to his auth >rised agent, Mr. Il’m. JMcHurnty, as early as practicable, as all notes duo one or mote years, not settled by the first of January next, will be put in suit. THOMAS FLEMMING. August 31—24—181. STEAM PACKETS WIH. SEABROOK, Capl. VV. DUBOIS, nnd JOIIY II AVI U XONGIIV, Cnpt. JAMES CURRY. foil IE proprietors of these Splendid Steam Packets Ji. intend running them as Passage and Freight Boat* between CHARLESTON and AUGUSTA, the coming reason—tho first regular Trip to commence on Satur day, 3d of November next, under the following arrange ment:—Loaving Charleston and Augusta every Satur day, and arriving at Charleston and Augusta every Tuesday. By this arrangement. Country Merchants ttnding to Charleston, and wishing to avail themselv es of the con veyance, can make their calculations with perfect safe ty, before leaving home, when they will have their goods in Augusta. Great care has been had m fitting up their Cabins, in a si vie combining comfort and splen dor, equalled by few boats in the United States. These Boats are on the h*w pressure principle, coppered and copper fastened; and ao no expense has been spared in building them, for safety, speed and comfort, they are recommended to the public with *'.<• xr* dence. If. \V. CONNER fc f ) o* { it rleetoii, C. MACKENZIE & CO. Agents, Augusta, Georgia. Oct. 5.-20—13t. Attentionl Men of ’TOSI B LANK limns fir obtaining pensions, ace-able to the late Act ol Congress, may be obtained ufthe following gentlemen—Rnbeit Ligon, Esq. Watkins- villi’. Wm. Cowart, Esq. Jelieraon, Janus Law, F.iq. Gainesville, and Wm. Sanders, Esq. Daaielavillo, and at this office. The forms were drawn up by Judge Clay too and utay be relied upon it correct. Alhcr.., Oct. ID. Saturday Morning, fffov. 17. The Convention met, pursuant to adjourn ment. The committee appointed under tho resolu tion of Mr. Berrien, to examine and report to tho Convention llio authority of the persons assembled its Delegates from the different counties of tho State to represent tho people of their respective counties, made their report, which was agreed to by tho Convention. Tho report ol tho Committee of 21 was ta ken up in committno of the whole nnd gone through by suctions, amended, and is as fol lows : Whereas, divers portions of the people of Georgia have ass-rnbled in Convention for the purpose of taking into consideration tho grievances under which they labor, from lh<- proteetive system, and to devise Ihe most effi cient and proper means of relief; al which the following persons havo attended, ns Delegates from the counties annexed to their respective names, viz : From the county of Appling—Maleom Morrison. Baker—Young Allen. Baldwin—Wm. II. Torrnnco, Samuel Rock well. Bibb—Robert A. Beall, Robert Collins. Bolloeh—Samuel I,. I.nekhart. Burke—J. Lewis, E. Hughes, D. Taylor. Camden—II. It. Unnl, J Hull. Cherokee— Z B. Hurgrovu, William Wil- liuuison. Clark—A. S. Clayton, Joseph Ligon, Tho. Mooro Colombia—J. Ramsey, Wm. Collins, J Cartledge. Coweta—Thomas Watson. G. II. Kennnn. Crawford — H. Warner, Henry Crowell. Decatur—Drury Fort, John W. Keith. DeKalh—Lewis J. Duprcu, D. Kiddoo, 0. Clark. Dooly—Thomas II. Key. Early—Joseph T. Patterson. Effingham—< lent Powers. Elbert—I. N. Davis, Beverly Allen, J. M. Tait. Emanuel—John R. Dnnniell. Gwinnett—John G. Park, Hines Holt, Jr. T. McMullen, W. Mnltbie. Greene—W. C. Dawson, W. Greer, G. G. Matthews. Glynn—Thos. B. King. Heard — Ilcne Fitzpatrick. Hall—W. II Underwood, J. McAfee, R. Sanford, N. Garrison. Ha neork—J Haynes,T. Vinson,T. Lewis. Harris—J AL Guerry, B. Martin. Henry—A. R. Moore, G. Clark, J. John son, J. Coker. Houston—W L. Campbell, II. Lawson, C. Welborn. Irwin—Wm. Sloan. Jackson—D. Will, John Park, J. G. Pitt man. Jasper—A. Cnthbort, D. A. Reese, M. Phillips. Jeff rson—R. L. Guntblo, P.M Lem I to. Junes—Wm. S. C. Retd, J. L. Lewis, T. G. Barron. Laurens—D. Blaekshettr, Eason Allen. Lee—John G. Oliver. Lincoln—Polcr Lamar, Item.Remsen. Madison—Thos. Long, Wm. M. Morton. Meriwether—II. W. Ector, W. D. Alex ander. McIntosh— Titos. Spalding, James Troop. Monroe—J. M. Berrien, E. G. Cabmens, G. W. Gordon, T. N. Beall. Marion—Wiley Williams. Montgomery—Joseph Ryils. Morgan—W. S. Stokes, Van Leonard, C Campbell. Muscogee—A. Luwhon, A. S. Clifion. Newton—Cltus. Kennou, S. P. Storrs, R. L. Sims. Oglethorpo—Geo. R. Gilmer, John Moore. Pulaski—B. W. Bracowell. Putnam—L. W. Hudson, C. P. Gordon, W. W. Mason. Rabun—Samuel Faris, TI. T. Moseley. Randolph—Benj. Holland. Richmond—John Forsyth, Wm. Comming, John I’. King. Scriven—A. S. Jones, P. L. Wode. Talbot—N. B. Powell, S. W Flournoy. Taliaferro—A. Jat.es, S. C. Jclfries. Tatnall—Thomas Tillman. Thomas—Wm. Reynolds, A. J. Dozier. Troup—Snm’l A. Bailey, J. C. Alford. Upson—R- J. Crews, John Robertson. Walton—O. Stroud, T. J. Hill, T. W. Harris. Washington—S. Robinson, J. Peabody, M. Brown. Warren—Thomas Gibson, II. Lockhart. lie i: therefore It'snlrrd by the Delegates of the p- ui- vj Georgia in said Convention as sembled, I. That tho Federal Government i* ,i • ..tivdcracy formed hy the Slates compo sing the same, fut the succift: purposes ex pressed in tho constitution, and for those alone. 2. That every exerciso by tho federal gov ernment, or by any department thereof, ol powers not granted by the Constitution, not withstanding it may be under the forms of I tw, is, 'it relation to the constituent States, a mere powers conferred upon it, since that would he to substitute for the limitations of the constitu tional charter, the judgment of the agents who were employed to carrv it into effect—to annihilate thoso limitations bv a power derived from the same instrument which created them. 4. That the Federal Government, is a Go vernment, the powers of which are expressly limited hy ihe Constitution which created it, nnd can therefore have no Constitutional right to judge in the last resort of tho use or uhuso of those powers. 5. That it is essential to a confederated Go vernment, the powers of which are expressly limited by the Constitution whielt creates it, that there should exist some where a power an thnritalively to interpret that instrument,to de cide in the last resort, on tho the uso nr abuse of the authority, which it confers open tho common agent of the confederating Stales; that such a power ennnot belong to the agent, sinco that would be to substitute his judgment for the constitutional limitation, and that in the absence of a common arbiter expressly desig nated by tho Constitution for this purpose, each stale as such for itself, and in virtue of tls sovereignly, is necessarily admitted to the exercise of that right. 0. That the several Stales composing this Union wro, at the adoption of the Federal Constitution, free, sovereign and independent Stales: that they have not divested them selves of this character, by the rel'itquishmeni of certain powers to the Federal Government, having associated with their sister Slates for purposes entirely compatible with the contin ued exislenco of their own original freedom, sovereignly and independence. 7. That the act living duties on imposts, passed in July, 1832. us well as Ihe several acts of winch that act is ainemlatorv, in so far as it transcends the purposes of revenue, nnd is intended to operate, and does operate sub stantively for the protection of manufactures, is an exercise of powers, not granted hy the Constitution, but a plain, nnd palpable viola tion of (he tr.o intent, meaning and spirit there of; Hint the smd ads cannot he justified un der the power of regulating commerce with foreign nations, since to iiegulate is not to destkov; and tin* principle of n substantive protection to domestic manufnemr s assumes, and in some instances, exerts the power of imposing u duty, winch effectually prohibits the importation of foreign fabrics of liko kind with thoso which arc thus protected, and to this extent destroys foreign commorco, instead i of regulating it. That '.hey cumiol be sop. suff.-r, they will still look to ihe justice and pat riotism of their brethren of the manufactu ring Slates. 9. That tho pnoplo of Goorgia cannot sub mit lo the permanent protection of domestic manufactures hy duties imposed for flint pur pose on tho importation of foreign manufac tures, and especially on such as arc among the necessaries of life: that they cannot submit to I ho adoption of tl.e principle on which such duties are imposed, ns a permanent principle of federal policy—hut will feel hound lo resist the same hy the exercise of all their rights as ono of the sovereign members of this con federacy—and by consultation and concert with their sister slalos, having like interest with themselves, nnd disposed to unito with them in resistance to this principle. 10. That it lie respectfully recommended to the several Southern Slates, having n common interest with us in the removal of the grievan ces under which we labour, from the protec tive system, to assemble in Convention by Delegates fmm the respective Staton, corres ponding to the number of their Senators and Representatives in Congress, lo confer togeth er on the subject of tlieso grievances, olid to recommend to the people of thoir respective States such measures us may best conduce to ilto removal of the same—and that the place of such meeting be determined by correspon dence between tho Delegates elected to said Convention. 11. That a eommilteo of superintendence In consist of five persons for each county in this State, he appointed by the President, whose duly it shall he, to take tho sense of the people of their respective counties expressive of their approbation or disapprobation of the proceedings of this convention—that vacan cies in the said committer) mnv bn supplied by tho remninmg members—that polls sliull bo opened in llio usual form in each county un der the dirim-tiou of the superintending coin- millee.on the 15lh dnv of Dercmher next, und i'e kept open until ihe 2n Monday in February thereafter—nnd that for the convenience of Ihe people, and with a view to oblnin a fill 1 ox pression of llio public opinion, it shall lie the duty "f the Superintending committee to at tend at the Court House, in tho county, anil nt tho several election precincts within the sitine, and in particular at tho election In be held on the 1st Monday in January for coun ty officers, to lake the votes of the people ex- presuvn of the approbation or disapprobation of Ihe proceedings of this Convention. 12. That at the expiration of llio lime of ported under the power to lay and collect do- receiving the votes of (ho citizens in the usurpation, 3. That a government of limited powers can have no constitutional right, to judge in ties, since tins power was given solely for the purpose ofennlding the government to rnisu a revenue, which should ho adequate to its wants, arid the amount of revenue which isrm sod by these protective duties, very fur ox reeds tho legitimate wants of Ihe Government —nnd that the attempt lo vindicate tho exer cise of a power lo impose a burthen on tin- la bor and industry of ono portion of the people oflho United States for tlie henelit of another portion of the same people, under the power lo provide for the common defence and gener al welfare or the United States, is even more alarming than tho direct results of the system itself, because that is to ascribe to Congress a power to do whatever in their judgment may conduce to the common defence and gnnernl welfare, and thus to invest tho National Le gislature with unlimited, (because merely His crctionary) power over the rights and liberties of tho people of Georgia. 8. That the people of Georgia aro sincerely attached to the Federal Constitution, and to the union of tho Slates, which it creates and guarantees—that they consider it as a pre. cions inheritance received from their fathers which it is the doty of patriotism to maintain and defend, and estimate it above all price, save that of liberty : tLai they aro ever ready In peril their fortunes anil their lives in its tie fence, and would deeply deplore its dissolution as an event alike inauspicious to thetnsnl ves.and to the cause uf civil liberty throughout Ihe world. That actuated by thoso feeling., and oven amid the difficulties which beset them, not despairing of the Republic, they will still persevere in the uso of every proper nnd • ffi- cicti means for the peaceful adjustment of this unhappy controversy,which mnv he w ithin their pow r as "no of the sovereign mumbers uf tins confederacy, or which may result from con sultation and conference with their sister Sta'es having a common interest with them in this matter. That taking tho payment of the na tional d ht, ns the period uftcr which the present tariff ofduties,so far as it Iransconds Ihe purposes of revenue, and is designed fur the protection of domestic in nofactures, can find noplnnsihle pretext in nor constitution'll harier, they are willing to unit until (’ongre s shall have full time deliberate!/ to deiernnoo whether they will reduce und equalize the du ties on foreign imports, so as to bring the in come of the Government within the limits of revenue, and to collect the i-oiilrilmtions of our ilizens on the principles of just taxation That having regarj to the interests of those whose capital has been invested in manufac ture*, during tho progress of that course of legislation of which they complain, they are willing that the reduction and equalization of duties which they ask,should be prospective and gradual; and fearfully admonished,as they have been by experienco, of the fallacy of their past the last resort, of its own use, or abuse, of llio I hopes for relief from the evils under which they several counties, it shall be the duty of tbc superintending committee in each county to g vt; public notice of tliul fuel within said coun ty, and lo invito the citizens of the same to elect by genet tl ticket, on the first Monday it .March thereafter, eleven dclcgnlos to topic sent this Slate in the proposed Convention ol Stales. 13. That when this Convention ndjourri it adjourns to meet nt the Representative chamber in (hi* place on the first Monday in July next—that all vacancies occasioned by doaiii, or resignation, be titled by election, and that the counties not represented or rep- resmited in any other way than hy election, be rcspoetftilly requested to elect delegates. 14. That llio President of Ibis Convention do cmnmunica'o the nlbregoing resolutions from one to ten inclusive, to the Governors of the several Southern Slates, having common interest with us in the removal of tho griev- anrea of which we complain, nnd to other Stales at hi* discretion, asking them In give publicity tu (lie same within their respec tive Stales, mid curnesly requesting them to unite with us in Convention, as the sure, per haps the orilv means of preserving tho peuco of the Union. 15. That the committee of superintendence for the county of Baldwin bo denominated tho Ccnlrnl Committee, and lie authorized tinder the direction of the President lo tako nil ne- cossttry steps forgiving effect to the measures of this convention. 16. Thnt the superintending committee in each county be requested to coinmunicnie to tho central committee uf llm county of Bald win, the result of the elections for delegates to the Convention of tho Southern Status, and that the sitiil coinunttco ho autnorized to announce ilia general result of ilia said elec tion, and to give to the persons elected cer- iticulcs of iheir election. 17. Thai twenty thousand copies of the proceedings of this Convention lie printed nnd distributed under (lie direction of the Central Committee. This report was agreed to. Upon the question to agree to the report of me coiiiioiiieo ol the whole, nnd to adopt the preamble nnd resolutions, as the report of (he Convention, the yeas and nays were required and arc Yeas 63, Nays 6. Yens—Messrs Alford, Allen of Elbert, Al len of Baker, Allen of Laurens, Alexander, Barron, Beall of Bibb, Beall of Monroe, Bailey, Berrien, Hlarkshear, Cartledge,Camp bell of Morgan,1'abiness, Clayton, Crews,Col lins of Columbia, Davis, Dawson, Dozier, Fitzpatrick, Gamble, Gordon of Monroe, Gordon of Putnam, Greer, Hughes, Hudson, Janes, Jeffries, Jones, Kannon.King of Glynn, Keith, Lamar, Luwhon, Lemlio, Lewis of Jones, Loonard, Lockhart of AVarren, Ligon, Mason, Matthews, Mooro of Clark, Mooro of Oglethorpe, Park of Jackson, Powers, Ram sey, Reid, Robertson of Upsun, Rockwell, Ryuls, Simms, Spalding, Stokes, Storrs, Tate, 1 illinun, Torrence, Troup, Vinson, Wade, Williams, Witt-63. Nays—Messrs. Clifion, Flournoy, Guerry, Ilolt, Lewis of Burk, Peabody.—6. On motion, tho President announced tho names of Messrs. W. If. Torrance, 8. Rock well, John II. Howurd, Samuel Boykin and James S. Calhoun, a committee of Superirden- d <nco under the 15(h Resolution, for the coun ty ol Baldwin, lo b-j denominated tho Cenlrul Committee. On motion, nnd agreed to, tho President an nounced the names of the following gentlemen us a committee to prepare an address d-c. to wit; Messrs. John M. Berrien, A. S. Clay- Ion, (fumes P. Gordon, R. A. Beall and W. II. Torrance. A tier voting Ihnnks lo tho President end Secretaries, und the Trustees of the Meth odist Church, tho Convention adjourned under the provisions of the 13th Resolution—to meet in tho Representative chamber on the 1st Monday in July next. Soutli-Carolina Convention. AN ORDINANCE, To provide for arresting the operation of cer tain Acts of the Congress of the United Stoles, purporting to be Laws laying f Julies and Imposts on the Importation of Foreign Commodities. Whereas,llio Congress of Ihe United States, liy various acts, purporting to be nets laying duties mid imposts on fotetgn imports, hut in reality intended for tho protection of domes tic manufactures, and thu giving of bounties to classes nod individuals engnged in particular employments at tho expense und to the injury and oppression of other classes nnd individu als, nnd by wholly exempting from (nxntion, certain foreign commodities, such as are not produced or manufactured in tho United Stales, in afford a pretext for imposing higher tud excessive (lutios on articles similar to inosu intended to be protected, hath exceeded its just powers under tho constitution, which ■infers on it no authority to afford such pro tection, mid hath violated tho truo meaning and intent of the Constitution, which provide! for equably in imposing tlio burthens of taxa tion upon the several Stntcs nnd portions ot the Confederacy—And, whereas, the said Congress, exceeding its just power to impose limn and collect revenue for tho purpose of Reeling nnd accomplishing tho specific oh- jeds und purposes which the Constitution of tlio United Sinles authorizes it to effect and accomplish, limit rnised und collected unncces- smy revenue, lor objects unauthorized by the Constitution ; We, iherulnrc, the people of tho Stale t.f Suulh-Corolinn in Convention assembled, do declare mid ordain, nnd it is hereby declared and tirdmned, thnt the several acts and parts of acts of the Congress of tho United State;, purporting to lie laws for the imposing of du ties und impests on tho importation of foreign commodities, and now having actual operation mid effect within tho United States, and morn especially an act entitled “ ao act in alteration of the several acts imposing duties on im ports,"upprovpd on tho nineteenth day of May, one thousand eight hundred nnd twenty-eight, and also an net entitled “nn act to alter and amend the several acts imposing duties on imports,” approved on the fourteenth day of July, one thousand eight hundred and thirty* ■ wo, are unauthorized by llio Constitution of ihe United States, and violate tho true mean ing and intent thereof, nnd ate null, void and no law, nor binding upon this State, its olficetl or citizens ; and all promises, contracts and obligations tnndo nr entered into, or to be mado or entered into with purpoao to secure tho du ties imposed by the snid nets, and all judicial proceedings which shall be hcreafier had in afiirmancu thereof, aro and slmil bo held utter ly null nnd void : And it is further ordained, that it shall not bo lawful for any of the constituted authorities whether of this Slate or of the United States, to enforce tlio payment of duties imposed by the snid nets within the limits of this State; but Hint it shall be the duty of tlio Legislature dopt such measures mid pass such acta o« may be necessary to give full effect lo this or dinance, mid to prevent the enforcement ami . arrest the operation of tho snid acts and parts of acts of the (lie United States, within Ihe Inn- its uf this slate, from und after tho 1st day of February next,and the duly of all other consti* luted authorities, nnd of all persons residing or being within tho limits of this State, and they aro hereby required and enjoined to obey and give effect to this ordinance and such acts und measures of the Legislature as may hn passed or adopted in obedience thereto. And it is further Ordained, that in no cuso of Law or equity, decided in the Court* of this State, wherein shall bo drawn in question tho authority of this ordinance, or the validity of such net or acts of the Legislature as may be passed fur the purpose of giving effect therolo, nr the validity of the aforesaid acts ofCongro*.*, imposing duties, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shnll any copy of Ihe record be permitted or allowed for tho purpose, and if any such appeal shall be attempted to be ta ken, the Courts of this Slate, shall proceed tu