Southern banner. (Athens, Ga.) 1832-1872, December 01, 1832, Image 2

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execute and enforce iheir judgment"* • CCor ‘ ding lo tho law* and usages of the State, with out reference to such attempted appeal, and the per«on or persons attempting to lake such R'lpoal, may be dealt with as for a contempt of the Court. And it is further ordained, that ail persons now holding any office of honor, profit or trust, civil or military, under this State, shall within fc.irl. time, and in such manner as the Legisla ture shall prescribe, take an oath, well and irnlv m nhev, and enforce this ordinance, and such aet or acts of the legislature, as may be past'd in pursuance thereof, according to the true intent and meaning of the same, and on tne neglect or omission of any such persons bo lo do. his or their office or office*, shall be forthwith vacated, and shall be filled up, as if such neraon or persons were dead, or had re signed, and no person hereafter elected to any otfire of honor, profit or trust, civil or military, shall, until the Legislature shall otherwise provide and direct, enter on the execution of his office, or be in any respect competent to dux-barge the duties thereof, until he shall, in like manner, have taken a similar oath ; and no juror aball be empannelled in any of the Courts of this State, in arty cause in which B'isil t>e in question this ordinance, or any act of ih" Legislature, paiaed in purauance there of, unless he shall first, in addition to the asu- al cuih, have taken an oath, that he will well aed truly obey, execute, and enforce this ordi nance, and such act or acta of tho Legislature, a* nnv be passed to carry tho same into oper ation and effect, according to the true inier.l a id meaning thereof. And we, the peoplo of South Carolina, lo the end, that it may ho fully understood by the Government of the United Stales, and the ; ec' le of the co-States, that we are determin ed to maintain this, our ordinance and Juclara- «ton, at every hazard, do further declare, that we will not submit to the application ol force, on the part of the Federal Government, to re duce this State to obedience; but that we will consider the passage by Congress, of any act, auibnrizing the employment of a military or pavnl lorce against the Staio of South Caroli na. her constituted authorities or citizens; or any art, abolishing or closing the ports of this Slate, or any of them, or otherwise ohslrue- ting the free ingress and egress of vessels,on and from the said ports ; nr any other act to the part ol the Federal Government, to coerce the Slate, shut up her porta, destroy or harras« her commerce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, us inconsistent with the longer continuance of South Carolina in the Union: nnd that the people of this Slate will henceforth hold them selves absolved from all further obligation to maintain or preserve their political connexion with ihc people of the other Stare*,» and will forthwith proceed to organize a sepnnitn Gov ernment, and do all other net* and things, which sovereign and independent Stales may of right do. (SroroU 2U&(<tI*turf. IN SENATE. Tuesday, Nov. 13. Committees were appointed agreeably to previoua notices. liiil-i reported nnd read first lime. Mr. To -rna—To exempt all persona who have been engaged in a duel either directly o* indirectly, from the pains and penaltiesanddis abilities thereby incurred. Several bills were read the second lima and ordered for committee of llie whole. Mr. Hudson introduced a resolution direr- ring the committee on Finance to enquire into ♦he expediency of preparing and reporting n hill to raise a ,1a* for the support of Government for the political year 1833, and In continue the same in lorce until the same may be alter od, amended,or repealed, and which said lull ■hall raise a tax as near as may be neresanrv to the present want* of the government, and to authorize Justices ofihe Inf. courts of the several counties in this Slate, lo Iny and col- led a lax for coucty purposes, not to exceed liny per cent, on the Stale lax—and author* ize the said Inferior Courts lo increase the vmd county tax to 100 per cent, on the Stale lax, if Ihe same shall be recommended by the Grand Jury of any county which may desire to have levied and collected such additional lax for county pupoae*. The bill* to give to heads of families who have no Wires a draw in the Gold Lottery, was read ■ third lime and passed. Alter which ihe Senate adjourned. Wednesday, Nov. 14, 1932. Committees were appointed agreeably to previoua ooticei. Bills Reported. By Mr. Fulheood.—To exempt all free white persona from paying a poll Tax. Notices. By Mr. Wood of McIntosh—Fora commit- teo to prepare end report a Bill loalier ihe 9ih section of the 3d art. of the Constitution. A number of Bills, mostly of a local char acter, were read a second time end ordered for Committee of the whole, or to be engros sed, HiC. Thursday, Nov. 15. Committees were appointed in conformity lo previous notice. Bills reported and read 1st time. By Mr. Mitchell—To authorize plaintiffs in Execution to take out grants, and to tax the grant fees in the Bill of coats. Bills Patted. Tho Bill—To repeal the act compelling the Judges of this State to conveno, at the •eat of Government, to establish uniform rule* of practice throughout this State—was read the 3d time and passed. Monday, Nov. 19. Several Bills of local interest were reoorted end read the 1st time. Mr. Freeman, gave notice for the appoint ment of a committee to prepare and report u bill, to provide for the call of a Convention and for electing Delegates to reduce the num ber cf the members of the General Assembly in ihe Slate of Georgia. Mr. Oliver from the commillee appointed, reported a bill for the better securing the tnlo to properly purchased al Sheriff sales by virtue of Juslier|L,'ou t Executions. The bill ir> lay out and define a new Divis ion of Georgia Militia, was read the 3d time and passed. Tuesday, Nov. 20. Committees were appointed agreeably to previous notice. Mr. Munerief, from the commillee appoin ted, reported a bill to alier and amend the 5'h section of an act lo impose, levy nnd collect a tax fur the political year 1931, on property real and personal, and lo inflict penalties for neglecting or failing lo comply with the pro visions thereof, so as lo require ihe Justi-es of the Peace to make returns of persons liable lo pay taxes, wilhin a given time, which w as read the first lime. Wednesday, Nor. 21. Committees were appointed in conformity to notice of yesterday. Bills reported and read first time. Mr. Shorter—To regulate theehnrlers nnd secure the solvenry of all the Banking Institu* lions in tho State. Mr. Echols—To alter and amend the 1st and 7lh sections of of tho 1st article of the Con stitution of this State. Notices for the appointment of Committees to prepare and report bills. Mr. Wood of Mclintosh—To prohibit the Banks of this State, issuing or pulling into circulation any bill* under ihc sum of five do! lars, under certain penalties. Mr. Temples—To move the sent of Govern ment In the town of Macon in Bibb county. A number of Bills were read llie second lime and ordered for Comimltoe of the Whole The Bill to compel Justices of the Peare to give bond nnd security, was taken in Commit tee of the Whole, Mr. If'ofiord in Ihe Chair. The President resumed t ie Chair, and Mr. Wofford from the Committee reported disa greement lo the bill -—ihe report wus taken up and agreed to by thu Sennto. Thursday, Nov. 22. Committees were appointed agreeably to the nntict a of yesterday. Several hills were read n second timo, and ordered for Commilleo of the Whole. A communication was received from the Governor, informing the Senate that an net to authorise 0 rertnin class of persons who werr entitled to a draw or draws in the Gold nnd Lnnd Lolterries, under tbo provisions of the •evnrnl acts of 22d Dec. 1832, and 24lh Dec. 1831 ; but who have failed, neglected or omit ted to give in their names or whoso names though given, nro not placed in the wheels of the Gold and Lnnd Lotteries, horenftor to give in the same, and to makn valid curtain draws of heads of families, &c. bad received tho Ex ccutivc assent. Friday, Nov. 23. Committees wero opppointed agreeably to the notices of yesterday. Mr. Chappell, from the committee appointed reported a Bill to make notarial arts and cer life Mrs evidence in certain cases,touching in land Bills ol otchnnge. Mr. Shorter reported a bill to drfine the dulies and regulate tho pay of Adjutant Gen eral, &r. Mr. Shorter gave notice for the appointment of a committee to prepare nnd report n hill to authorise the election of dnlegnles to meet in Convention for Ihe purpoao of reducing the number of Representatives in both branches of the General Assembly. Several bill* were read the 2d time, and or dered for committee of the Whole. Tho bill lo compel the Treasurer of the Stale to receive Bills on the Macon Bank, (in certain cases} fur taxes due for Ihe year 1832 ; vnd the bill explanatory ofihe ad altering the juries and mturnies’ Ices in this Stnle, passed 21st December, 1930; was read iho third time and passed. HOUSE OF REPRESENTATIVES. Monday, November 12. Bills reported and read the first time- Mr. Starke: AJnro effectually to compensate Jurors, and to explain an net assented to, 21st Dec. 1830, entitled an act to altor Jury, and At torney’s fees in this State. Mr. Rogers: To alter and amend tho Halieas Corpus ad. Mt. .Mitchell: To prevent tho operation of judgements obtained after transfer of lands drawn in the present Land and Gold Lotteries in this State, by bond, so far ns relates to lots whereon Indian improvements may be only. Mr. Shelton: To restrain the circulation of Bank bills under the denomination of five dol lars. Mr. Solomon reportod a bill to be entitled an act, to repeal an act to extend the charter of the Bank of the State of Geurgia, and the acts nuw of force, amendatory thereto, passed Dec. 1830, which was read the first time. Notices for tho appointment of committees to prepare and report Bills: -Mr. Steelman: To authorise the introduc tion of slaves iuto this State, free of any legal restraints. -Mr. Hutchins : To define tho rights and li abilities of informers, who may return fraudulent draws in the present gold and land lottery. Mr. Starke: To remove tho seat of Govern ment from A/illedgcville to the Indian Springs. Mr. Williamson: To alter and amend the 2d section of the 4th article of the Constitution, so far as requires all elections by tho General Assembly to be made viva voce. •Mr. Hardeman: To declare and proscribe the punishment of tho crimo of .Mayhem—also, to prevent tenants in dower and those claim ing under them, from committing unnocesary waste. Mr. Meriwether: To provide for, and de fray the expenses of a Convention, to be holden in Milledgevillc, in February, 1833, and known as the Reduction Convention—also, to dispose of the Fractional surveys of land in Cherokee county, and to appoint superintendants for the same. Mr. Glascock: To prevent trespasses on real estate, and to point out the mode of pun ishment. Tuesday, Nor. 13. Committees were appointed agreeably to the notices of yesterday. Several bills were read the 2d lime and or dered for committee of the whole. The hill from Senate for the appointment of an additional number of Lottery Commis sioner* w as taken up, read a third time and pa-sed. Wednesday, Nov. 14. Mr. Brown, reported a bill so to alter the Constitution, as to render divorces complete, hy two successive verdicts of Special Juries, in the Superior Court. The speaker announced from the chair the following additional names to the joint stand ing commillees. To the committee on the state of tho Repub lic, Messrs. Ward, Ector and Pace. To the committee on the Judiciary, Messrs. Saffold, Stark and Warren. To Iho committee on the Pennitentiarv, M essrs. Thurmond, Gibson and Wiggins. To the committee on Finance, Messrs. Curry of Lincoln, Hardeman and Kittles. To Ihe commilte on Public Education and Free Schools, Messrs. Hull of Camden, Mer- riwetlier and Smith of Coweta. To ihe committee on Bunks, Messrs. King of Greene, Steelman and Herringlon. To tho Military committee, Messrs. Solo mon, Wilcox nnd Wood of Hall. To the committee on Printing, Messrs. Wil son of Warren, Irwin and Johnson of Morgan. Notices. Mr. King of Green—to make uniform the proceeding!* against Bail in criminal cases. Mr. Buffington—To reduce the fees of all the public officers of this State. Mr. Haynes—'To extend the charter of the Darien Bank. Mr. Neal—To regulate tho intercourse bo- tween Banks and private individuals, so as to subject Banks to the payment of damages, if they refuse or tail to pay Specie when de manded. After which the House adjourned. Thursday, Nov. 15. Committees wero appointed in conformity to previous notice. The Houso went into committee of the whole on the bill to amend the act appointing eleven additional Trustees of tho University of Georgia, &c. and having spent some timo 'herein, the Speaker resumed the chair, end Mr. Burns from Ihe committee, reported the hill without amendment, nnd on ngreeing to the same, the yeas and nays worn required, nnd were yoas 67, nays 81—So the report was disagreed to. Considerable business of a local character was transacted, and the House adjourned. Friday, Nov. 16, Tho House refused (66 to84) to reconsider the vote of yesterday that negatived the repeal of the grant to Ihe University. At 11 o’clock, both houses went into the e'eeliun of three additional Land Lottery Commissioners. SEVcNTV-itxeandidatea were announced. No choice being made after se veral balloting*, the house adjourned. Saturday, Nov. 17. Both Houses resumed the election of three additional Lottery Commissoners; and after 11 balloting* elected Messrs. Rhodes of Jas per, Winn of Harris, and Coxa of Burke. Monday, Nov. 19. Bills reported and read first time. Mr. Williamson—To require all elections bv tho General Assembly to be made viva voce. Mr. Meriwether—To defray the necessary expenses of the Reduction Convention lo be holden in Millcdgeville in February next The bill to repeal tho act to abolish peni tentiary imprisonment in this State, wus taken up, read a third lime, and on the final question by yeas and nays, there were yeas 98—nays 45. Tuesday, Nov- 20. Notices for the appointment of Committees to prepare and report bills. Mr. Shelton—To abolish imprisonment for debt. Mr. Hatcher—To punish all persons who may heretofore assemble at Athens, and hold any political Caucus or public meeting for anv purpnso whatever except for the single purpose nf promoting the welfare of tho Uni versity nf Georgia. Mi. Ryan obtained a suspension of tho rule of the house, to introduce certain resolutions proposing a State Convention, and Southern Convention on tho Tariff question, and moved that they be printed and made the order of the day lor Friday next. Onthisn desultory debate arose as to thu number to bo printed, as to laving them un the table for the present, or making them the special order of some day, and what day, which resulted in making them the order nf the day for Thursday week (29th iust.) and ordering 500 copies to be printed. The bill appropriating money to defray the expenses of the late Cherokee Survey and the Land Lottery was,after some amendments and considerable discussion, passed and sent to the Senate. -, The next subject that engaged tho attention of tho house, was Ihe Cherokee Fractions; all of which were, after coosiderable discus sion, ordered to be put in the Lottery wheel. Wednesday, Nov. 21. Notices for the appointment of Committees lo prepare end report Bill*. Mr. Stanford—To amend tbo act incor porating the Central Bank of Georgia, to grant further privileges lo the same, and to econo mise and facilitate the collection of its debts. Mr. Merriwelher—To amend the laws reg ulating Ihe returns of Division and Brigade Inspectors. Mr. Pace—To enable plaintiffs in actions of ejectment to recover in the same action both the premises in dispute and the rent for mean profits. A number of Bills were read, a second lime, and ordered for Committee of thelwhole. Thursday, Nov.22. Commillees for the preparation and report of Bills, were appointed under tho notices of yesterday. The following message was received from his Excellency the Gov’r. Executive Defartment, Ga. 1 Millcdgeville, Nov. 21, 1832. j To the H. of Representatives— Since the commencement of the drawing of the Lotteries, now in progress, several indi viduals have drawn prizes, who have commu nicated to me that they are noi legally entitled to the prizes thus drawn, but that it has occur red from the mistake of the persons who regis tered and returned their names for draws, or those who have prepared and superintended the Lotteries. These persons being unwil ling that their characters should be liable lo the imputation of fraud, have expressed llieir willingness to relinquish all claim to the pri zes thus drawn ; and tho acts of the Legisla ture having made no provision for such cases, cither ns regards the relinquishment, or Ihe mode of disposing of such land, I have thought proper to submit the case lo the Legislature, and suggest the propriety of such legislation as may provide for these, and nil similar cases. WILSON LUMPKIN. A number of Bills from Sonato wore taken up and read the 1st time. Friday, Nov. 23. Notices for the appointment of Committees to prepare nnd report bills. Mr. Rogers—To amend Iho 4th nnd 8th sections of the 1st article of tho Constitution. Mr. Steelman—To abolish Certiorates and give parlies litigant in Justices Courts, a right of appeal to the Superior Courts. Mr. Davis—To make certain tho jurisdic tion of Justices Courts in certain cases. Bills reported and read 1st time. Mr. Stanford—To amend the act incorpo rating the Central Bank of Georgia, &c. Mr. Hatcher—To prescribe the mode of punishment of all persons who may hereafter assemble in any of the College buildings at Athens ami hold any political caucus,&c. Several bills were read the second lime, and engrossed for a third reading. liolUittil. Letter from our Correspondent, dated Millcdgeville, Nov. 21, 1832. Gehti-eme!*,—I shall say nothing in this letter relative to tho proceedings of the Le gislature, only that new Commissioners are provided by law and were elected on Saturday, to expedite the drawing of the lottery—let your readers look out for prizes, fur tho wheels of fortune move rapidly. The Convention is tho absorbing topic of conversation ond interest; in this theme all minor mailers are merged. It has filled men’s heads with schemes and speculations, their hearts with novel emotions, nnd clothed their tongues with eloquence. For the first time I witnessed the people assembled by iheir dele gates, to consult, ns did tho virtuous nnd brave of ’76, upon tho mode and measure of resis tance to tyranny ; it was an imposing specta cle, a sublime exhibition ; a whole communi ty, quietly, solemnly, and with determined purpose, moving in the great cause of South ern rights. Some of our greatest and best were here, men whose characters alone guar- nnlee the prudence and wisdom of their deeds ; and some too, of the untitled, undistinguished, untalentod ones; men, as Oglethorpo said “ by tho catalogue,” fit only lo follow, when higher and nobler spirits lead. This latter class constituted the majority. Berrien and Forsyih were the leaders, and truly they have Ipd to opposite points ; Iheir course nnd their fortunes from this lime forward, must be diver gent. The debates were nil of the skirmish ing order, there was little of solemn argu ment, and the greater part of the debate origi nated upon Mr. Forsyth’s propositions to en quire into tho qualifications of the delegates. This discussion was animated, exciting, some times personal, and eloquent throughout; em bracing in its range, these great principles of primary action, which govern conventions of the people. The principles contended for by Mr.F.and his friends, are involved in their pro test, which I herewith send you. Hi* oppo. nenta contended, and ns I thought curreclly, that any prima facie evidence of the election of delegates by any portion of the people, s'.oald entitle them to act; that their action could not be obligatory ; Ihnt the convention was only an advisory counsel, whose notion is to be confirmed or disaffirmed hy the peoplo ; and that in order to act,it was not essentia] that the whole or a majority of the people Rhould have voted for the delegates. Much of the merits of the protective policy, of resistance and submission, of nullification and secession, was embraced in ihe discussion of tho proposi- tions of Mr. F. His proposition failed, and a resolution instructing a committee to enquire into the evidence of the election of delegates, and directing the report of that committee to be submitted to the people, w ith the other pro ceedings of the convention, prevailed. The rejection of the scrutiny into the right of the convention, to speak in the name of the peo ple, which Mr. F. proposed, was his pretext for withdrawing—of which withdrawal, more directly. No man, who has not heard John Forsyih in debate, can form any adequate idea of hi* . _ prodigious power; it is absolutely wonderful. I the united and rigorous efforts of the Mibmis His grace of action and power of voice, is, so far as I know peerless ; he has no equal in elo quence of that order to winch excited extem porary discussions give rise ; you cannot np- preciate his eloquence from a perusal of his speeches; his sentiments consulate hut one halfthe elements of his greatness ; he wields the feelings of Ihe multitude with the skill and adroitness of a magician, and can strike down an adversary with the power of demolition it- self. It would have amused you to have seen Mr. Forsyth practice the dortrinc of Nullifi. ration upon some of tho small frv of the as sembly. Col. Cumming has gained no accession of fame hy his attendance upon Ihe convention. He has but very moderate parliamentary tal ents, but is distinguished in the drawing room, or in sub-committee sessions. His col loquial talent is commanding. Ilia manner has more of military frankness and directness than the beauty or grace of the orator. He can plan the parliamentary campaign, but cannot execute the evolutions. I had been taught lo believe that Alfred Cuthbert was one of the moat talented and eloquent of our statesmen, hut you may rely upon it, he lias exhibited himself here as but little superior to the veriest school boy dc- claimer. His efforts here have excited tho pity, not to say contempt, of his friends. So much for the bend men and chiefs of tho se cession. Other men claim a passing notice. Mr. Berrien stands out from among ordina ry men, with prominent outline and command ing proportions. He has not the speed, the rapidity, and alertness of Achilles, but lie hire the tremendous energy of Ajax—Forsyth do- fies all competition, in Guerrilla war ; Ber rien is the hero of campaigns and seiges. Forsyih, liko Murat, is unrivalled in the on set ; and Berrien, like Napoleon, invincible at Au8lerlitz; the eloquence of Mr. Forsyth, like the mountain torrent, sparkles, and loams, and bounds over all impediments ; that of Mr. Berrien, like ocean’s tide, moves onward in quiet, swelling, deepening flow, until all ob jects are merged in iis ample bosom. In the convention Mr. B. seemed constantly to have his eye fixed upon results, and could not be led astray by momentary excitements; always self-possessed, wary, and furnished, hie cool nnd dignified oratory foiled the repeated ef forts of his wily adversary ; and lie finally led hia friends to the adoption of plans, which he no doubt had well matured in private. Mr. B.’s fort is in solemn argument; he is argu mentative, even logical ; yet, his most abstract reasonings are embellished with the richest fi. cures, elm bed will, the purest English, and ac companied and enforced with a grace and dig nity of manner inimitable. I have no idea that Greece, nr Rome, or Britain, furnish in their long annals two happier models of eloquence than these gentlemen. Our young country men would do well to study them. Judge Clayton is familiar to you. His pen is more eloquent than his tongue. His mind teoms with thought, but his thoughts nro but little aided by his manner. He was not reared in the Grotto of tho Graces. There is in Judge C.’s speeches and writings, but litllo of classic beauty, still lie is impressive. He produces dial kind of impression which supe rior intellect ever dnl and ever will produce. Ilia knowledge is his power; and no man is more fruitful and ingenious in his illustrations. Mr. Gilmer delivered one speech, when Ihe convention was in committee of the whole, upon tho report of the committee, and was lis tened to with marked attention. There is a peculiarity in this genlleman's speeches which touches ail listeners, and that is, an air breath ing through every word and every action, of undoubtiug confidence hi tho rectitude of his positions; he is always in earnest, seems not to speak from speculation, but from absolute conviction. There is also a tremendous force accompanying Mr. G.’s opinions, growing out of the entire integrity and frankness of hia character; no one doubts that he is not God’s noblest wurk—an honest man. He Iish not that sell command in debate necessary to the developement of the high attributes of oratory, his feelings hurry him away; his sentences, therefore, are sometimes broken, mid his man ner rough. I could speak of others, out I prefer to be rather a narrator of events, than the chronicler of men’s merits or demerits. Mr. Forsyth, alleging that the convention refused a sufficient scrutiny into the qualifica tion of its members, seceded-about fifty gen tlemen, inosily of the Chirk pnriy, followed him. He quit ihe convention before it had acted—instead of endeavoring to direct it to wise results, or even proposing to it any mea sure whatever, he retired from its delibera tions. It is said, nnd I have no doubt that the assertion is true, that this gentleman and Cnh Cumming came here with a fixed purpose lo dissolve the convention, to bring it into diste- pure with the people, and organise new patties in the slate. In part they have succeeded. They have done all they could do to strength en tho Tariff. They have advocated doc trines the most abjectly submissive. They have put themselves at the head of the Clark party to put down the free trade spirit in Geor gia, and in my humble opinion have^irfeiied the confidence of every man claiming to be Georgian. Tho Clark parly have received them with open arms—the issue is made up— the parties in Georgia are henceforth to be known ns Resistance and Submission parties —Mr. F. and his friends have done this. No man, who belongs to the Troup party, can now hesitate as to his course. The. question now is, not what shall be the mode, blit whether, with Mr. F. we are lamely and meanly lo sub mit until Congress shall relieve us. The feel ing among our friends here, is that nf strong and deep indignation at the course nf the Se- cedera. To a man, they seem tu sink all con troversy about the mode, and unite in advoca ting tho course of the convention ; we can no longer falter upon this subject, wo may expect