Southern banner. (Athens, Ga.) 1832-1872, December 08, 1832, Image 2

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♦tea, oat of TO in the 6t*M pissed the Resolutions of A fuIl*represenlation ofths people ol Georgia, taking the lloaao of Representitives aa the standard would contain 169 Delegate*. Al the time of the peaong ol the Revolution# of the pretended Convention, there were only 70 peraona in that assembly, elam in# to be Pi'lecatea, including Ihe preaiding officer, and of (beat, only 63 voted for the Resolutions. South-Carol ina. Extract from the concluding part of Governor Hamilton's Message to the South Carolina Legislature. Fellow Citizens,—"The dto has been at Inal casf, mid South Carolina has a! length ap pealed to her ulterior sovereignty as n member ol'this Cemedentry, and planted herself upon her rer-rved rights:—The rightful exercise of this power is not a question which we will any longer argue—it is sufficient that she has will ed it; and that the act is done: nor is its strict compatibility with our constitutional obliga tions to all lawn passed by the General Gov ernment within Ihe authorized grants of power to be drawn in question when this interposition is excited in a case in which the compact has been palpably, deliberately and dangerously violated- That it brings up a conjunction of deco and momentous interest, is neither to be concealed nor denied. The crisis first presents a class of duties which is referable to yourselves. You have been commanded by Ihe people, in their high est sovereignly, to take care that within the limits of this State their will be obeyed.— They have armed you with tho requisite au thority, and on tho wisdom, firmness anil fore cast with which you discharge these duties, will depend tho tranquility, peace, liberty and happiness of our beloved Stale. Obedience to necessary laws flowing from a legitimate source of public Right, is the best security to social order and civil freedom. To leave this obe dience to the voluntary suggestion of public duly or private conscience, or to feeble or de fective enactments, in the end leads to cilrcmit rigour, or it brings all just authority into duri- sun and contempt. The meastiro of legisla tion which you have to employ at this crisis, is the precise amount of such enactments as be necessary to render it utterly impossible to collect within our limits, the duties imposed by protective Tariffs thus nullified. That you will resort to such civil and ponal prnvis. tons as will accomplish this purpose, without unnecessary rigor on the one hand, or a weak and mistaken leniency on the other, I feel so well assured, that I shall refrain from entering into a detail of suggestions on a subject on which you are so much belter advised than myself. That you should arm every citizen with a civil process, by which lie may claim, if ho chooses, a restitution uf his goods, sui ted under the existing impost, on his giving security to abide the issue of a suit at Inw, and tho same lime defiun what shall constitute Treuson against the Slate, and by a bill of paint and penulties compel obedience, and punish disobedience of ynnr own laws, are points loo obvious to requiro any discussion, lu one word,you must survey the whole ground. You must look tu and provido for all possible conlingences. In your own limits your own Courts of judicature, must not only he su preme, but you must look to (lie ultimate re sult of any conflicts of jurisdiction nnd power, between them aad the Courts of tho Uuitud Slates. There ia ono contingency in particular, for which you ought to provido, and that is, in cuse Ihe Collectors of the Customs in any of tho ports of the Stalo, under tho instructions of the General Government; should refuse cloatances to vessels nutwurd bound, that no injury should accrue to our Irado, or to those w ho may be currying on friendly commercial intercourse with us, the Governor should, un der such circumstances, be authorized to grant instantly cerliiiculuu of clearance, under tho soul of tho Slate. An enlightened forecast, will not howover, permit you to stop hero—Remember that ours is emphatically a country puying an habitual revtrenco to the law. As little must be left to the direction of the Executive as possible. Every conjuncture must bo anticipated by yuur own enactments. From these Legislative provisions, let me now pass to Ihe consideration of consequen ces, I trust of a remote and improbable occur rence. TV* claim that our remedy it essentially of a pacific character. When wo set up this claim, all we mean to say is, that of right it ought to be, and as far as wo are concerned, it shall bo so. To the peaceful redress affi.r- dod by our Courts, in tho restitution which they decree, and to the ultimate arbitrament of our sister Stales, in a geueral Convention as sembled on the disputed powers, wo look with confidence to an adjustment of this pstn- ful controversy. Rut the final issue may be adverso to this hope. Threats of coercion we know, were once in relation to the probable measures of this Slate, officially promulgcd, and public rumor, to which it ia not safe fur those in charge of the public authorities to be absolutely deaf, haa not diminished the conviction that these dispo sitions may probably bo yet enlortaimd— Nor ought wo, in a struggle like this, to rely entirely on the confidence that power will not be used, becauso right may be violated. We must be prepared fur this alternative. I would, therefore, recommend that our Mili- *’m System, and its laws, undergo thorough revision. That the Executive bo authorized to accept for the defence of Charleston and ila dependencies, the aurvices of two thousand volunteers, either by Companies or Files, es they may volunteer, and that they bo formed into four Battalions of infantry, with one Flank Company of Riflemen attached to each Bat talion; one Squadron of Cavalry, and two battalions, one of Field, and the other of Hea vy Artillery; (hat these Corps be organized in a Legionary Brigade, and that the Execu- tive from the precincts in which theso Volun teers are organized, select the Officers of the npproprinto rank for the several commands. I suggest the expediency of this Brigade bo- mg armed and equipped from the Public Ar senals completely for the field, and that appro priations may be made for supplying all defi ciencies in our munitions of war. In addition to these volunteer drafts, I deem it safe to recommend that the exocutivo he authorized also to accept of tho services often thousand Volunteers from Ihe other di visions of tho state, to be organized nnd ar ranged in regiments and brigades, officers tu he selected by the Commander-in-Chinf, and that this whole force be railed the Stale Guard. That portion of our rlnims upon tho Gener al Government, which was payable in arms, amounting in value to forty-one thousand, six hundred and twenty five dollars nnd eighty cents, I have received in arms of various des- criptiona, hut still some appropriations will ho necessary to augment our supplies. And provision should likewise bn made for mounting some of our heavy pieces of Ord with the consent of the Grand Juries of their respective counties. The Bill from the Houso of Representa tives to appropriate money to meet tho vari ous expenses of the La\d and Gold Loller- rios, Sic. was read tho third lime and passed. Monday, Nov. 20. Committees were appointed in conformity to notice »f yesterday. Notices. Mr- Graham—To repeal tho 1st section of an act passod 19th Nov. 1831, to extend the timu for fortunate drawers in the Land Lottcr- rins of 1819 nnd 1819, to lake out their grants. Mr. Towns—To roduce me present num ber of the Justices of Ihe Inferior Courts, to define inure particularly the jurisdiction of suid court nnd other purposes. Mr. Muncrtcf—l'o make valid all sales heretofore made by Tax Collectors, of Lands not granted at the lime ofsnlo. The Bill to repeal the 2d flection of an act to Hppoint eleven additional Trustees ol the lli''Ut|l|tl^ OWIIIU wt wu» V* » J l»ivvx-r fT _ |. . f nance, and a fixed and annual appropriation University, Sic. was on motion o Mr. Mitch. made for the Artillery in Charleston, and in oilier pans of the Slute, according to their re lative expense. I have ordered the Quartor Master General, whose report will be presen ted to you, and the Arsenal Keeper nl Charles- Ion, the latter an experienced Officer of Artil lery, to repair to this place, to attend in con sultation, such Committees of your respec tive bodies, in reference to the condition of their sovpral departments. I would moreover recommend that tho Pre sident he requested to direct tho removal of U. States troops now in garrison in the State citadel in Charleston, which they now occupy at the conjoint instance and request of the Statu and City authorities, us the accommoda tions of that post are much wanted fur our arms and aniuniliontt. I would also suggest that uftur the citadel is thus returned tu the Slate, and the public stores belonging Ic tho State are deposited there, the Magazine guard he removed from tho Neck to garrison this post, and that a daily guard ho detuched from it to the Magn/ion: that Ihe guard be aug mented to sixty men, and that the appointment ol its officers, and geueral disposition, and or ganization, bo mode under tho orders and au thority of the comtnHndur in chief. I should consider t.ivsnlf, Gentlemen, as recreant to my trust, if 1 did not recommend in vou these provisions, or the adoption of those of much wiser import which may suggest themselves to you, and which may be neces sary to the public safety, and public honor, however improbable tho contingency of their ever being required. It is not enough that a people may bo right tit their struggle fur their privileges und liber ties, but they must have the means of securing their safety by ample resources for repelling force by force. I cannot however, but think thnt on a calm mid dispassionate review by Congress and the functionaries of rho Genornl Government, of lh« true marita of this controversy, tiro nrhilr-i- lion by the call of a convention of all Ihe Stales, which wo sincerely and unxiously suck and desire, will ho accorded to us. To resort to force is at once In prefer a dis solution of the Union to its preservation.— South Carolina has declared that she admits of no arbiter but her cn-Slales assembled with bur in their sovereign capacity: to deny to tier this reference, is to admit that our loague bus no conservative principle short of an appeal to the sword. To suppose when ono of tho most prominent of our objections to the protec tive syatmn is its unconslitutionality, that this nnd the ntliur vexatious and confliciuigqiieHlions lions of constitutional power that no'v convulse the whole country, tiro not susceptible of com promise or adjustment in an assembly of equi valent authority lu that which formed the con stitution, is to affirm that that spirit of amity and juslico without which the Union would be a revolting arid compulsory league, is utterly extinct. But be this as it mnv, whatever may bo tho issues of this unhappy controversy, relying on the intelligence ami spirit of a freo und gnllant people, on the imperishable truth and sacred elutruclcr of our right, let ns advance with an unfultrring heart and steady step to the perfor mance of our duty to our country. On yonr deliberations I fervently invoke the blessings of Almighty God. JAS. HAMILTON, Jr. Columbia, Nov. 27, 1832. ©cord* Hfstolatttrr. IN SENATE. Saturday, Nov. 24. Committees were oppomled ngrconbly to the notices of yesterday. Mr. Harlow Chairman of the Committco to whom was referred so much of the Govern or’s Message as refers to tho relations, of tho General Government, with tho Cherokee In dians, made o report, in which the following resolution was appended und unanimously agreed to, to-wit: Resolved, That Ihe measures pursued by the President of the United Slates, for the purpose of inducing the Cherokee Indiana, to remove beyond tho limit* of Georgia, are m a high de gree acceptable to tho Legislature, and de serves tho approbation of the people, ia foun ded on the most liberal, just and generous policy. A communication was received from his Excellency the Governor, on the subject of “ the distribution of tho funds set upart for Ac ademies and Poor School*”—complaining that ‘’doubts and difficulties have arisen, and will again rise, in reference thereto and ■uggosting the propriety ufaddilional legislation thereon. Which was referred to the Judicia ry Committee. Mr. Ragan gave notice for the appointment of a Committee to prepare and report a bill giving to Inferior Courts the power to grant Corporations to Academies and Churches, ell, ordered to he upon the tuhlc the balance of iho xeosion. ’Die section sought to be repealed, is that which gives an annnnl appropriation of six thousand dollars to tho University. Tuesday, Nov. 27, Committees were npppoinled agreeably to the notices of yostorduy. Mr. Bailer gave notice for tho appointment of a Committee to prepare and report s Bill to require the Sheriffs of the respective counties in Cherokeo Circuit to advorlise all their sales of lands for tho next two years in one of the papers ofMillcdgeville. Bills Passed. A Bill, to repeal “ An act to abolish peni tentiary Imprisonment in this State.” A Bill, to repeal tho 7th, 8th, nnd 9lh sec tions of liie act to prevent exercise of assumed and nrlulrrry power by all persons under pre text of authority from tho Cherokee Indians, and their laws, &c. A Bill, to exempt all persons w-lto have boon engaged in a duel, either directly or in directly, from tho pains, penalties and disabil ities thereby incurred. The Senate took tip the Message from the House of Representatives and concurred in the several amendments made by that branch of General Assembly, to a bill to add a part of tho enunliosnf lluhrr.-dintn and llall to tho county of Cherokee, and to divide the same into ten counties, nnd to provido for the organization of the same—so the bill litis filially passed. IVcdncsday, Nov. 2S. The Senate reconsidered so much of the Journal of yesterday us embraced tho passage of the Bill, exempting persons who have been engaged in a duol directly or indirectly from the pains, penalties and disabilities thereby in curred. Committees were appointed agreeably to Ilia notices of yesterday. The Joint comniiltoo on the stain of the Republic, to whom wore roferred sundry reso- iulions from tno Legislature of Tennessee, which have for their object the sale “of nil the vacant lands owned or claimed by the U States, in any of the Slates or Territories, as soon as it can reasonably be done a! n gradua ted price,” and for distributing the proceeds of said sole to the Stnle and Territories for the purposes of Education, roado a report to which tho following Resolutions were uppended, and adopted, to wit: Resolved, That the General Assembly of tho State of Georgia, docs not concur with the General Assembly of the Slato of Tennessee in recommending a change in tho mode of dis posing of the public lands. The bill from the Senato to add a part of Habersham and Hall to the county of Chero kee, and to divide the samo into ten counties, nnd to provide for tho organization of the same,was taken up, read the third time, amen ded and passed, and the Clerk directed to car ry it forthwith to the Senate. The bill from the Senate to lay out and de fine a new Division of Georgia Militia, was read the 3d time and passed. Wednesday, Nov. 28, 1832. Notiros for the appointment of Committees to prepare and report bills. Mr. Rogers—To amend the Judiciary laws of this Hate, so as to regulate tho fees of Clerks of the Superior Courts, in certain cases Mr. Face—To alter the 3d section of the 4th article of the Constitution, so as to author ize the election of Brigadier General to be made by the people of each Brigade. Mr. Liddell—To provide for the trial of sci. fu’s, in cases of fraudulent draws, where the same may happen to fall on Indian Im provements. The Bill more effectually to compensate Ju rors, and explain an act assented to 21st Dec. 1830, to alter the Jurors and Attorney’s fees in this State, was read the 3d time and passed. ©metal tntrUtarncr. North Carolina.—On Monday the 19th ult. the Legislature met at Ihe residence of the Governor, in Raleigh.nnd both houses were or ganized. In the senate, William D. Moscly, was elected Speaker, and Louis D. Henry, was elected Speaker of the Houso of Com mons. On the same day, Gov. Stokes trans mitted the annual message. As relates to his having been appointed by the President a com missioner to treat with the indians, 8ic. he says—“ Having been appointed by the Presi dent of the U. States, a Commissioner to treat with tho Indians, nnd for other purposes, I have thought it my duly to accept the appoint ment, in ns much as the peaceable settlement nnd location of tho Indians removing beyond the Mississippi, isamallor of great importance to Ihe U. States, and not less so to North-Cnr- olina; especially, ns regards the removal of that portion of the Cherokee nation now resi ding within the limits of this State. It is known to many of you, that these Indians have for a long timo been orderly and peaceable, nnd their conduct has not made it necessary lor tho Legislature of North-Carolina to ex tend the Inws of tho State over the Territory they occupy, or in any manner to interfere with their concerns, except for tho purposes of pro tection. They deserve the fostering care of tho General Government, and I havo no doubt will receive it.” Tho New.Jersy Advocate acknowledges - i—jt its lute political defeat thus good tiaturedily : Resolved, That the Gonernl Government KOtgfj*-" • IVe hove met the enemy, and they— no power under the Constitution to distribute aint ours.’ This is a fact which will not he any part ol the public revenue to tho States nnd Territories for the purposos of Education, Resolved, That His Excellency Ihe Govern or be requested to forward to our delegation in Congress a copy of this report and these resolutions, and that copies be forwarded to the Governors of the several States. HOUSE OF REPRESENTATIVES. Saturday Nov. 24. Committees were appointed agreeably to previous notice. The Bill to amend the Habeas Corpus low of this State, was taken up read a third timo, and rejocled by tho House. Mr. Liddell had leave to introduce in9tan- ter, a bill tu levy and collect a tax lor tho politi cal vear 1833. (5u motion of Mr. Young’ of Oglethorpe, the Joint Committee on Banks, were instructed to enquire into the propriety and expediency of re quiring the President of tho several Bunks in this State, to multo monthly, instead of aunual reports. Monday, November 26. Bills reported and lead first timo. .Mr Calhoun—To add a part of ihe county of Hancock to the county of Baldwin. Mr. Rogers—To inuke penal und felonious, all trespasses upon lands iu this State, and to defino tho punishment of the samo. Notices for the appointment of Committees to prepare and report bills. Mr. Davits—To repeal ibo 5th section of an act passed 5th December, 1801, and to provide for the trinl of cases in which the Jud ges of the superior Courts of this Stale may be interested. The bill to alter nnd amend tho caption of an act to regulate the licensing of Physicians to practice in this State, was read the 3d time and passed. On motion of Mr. Turner, it was Resolved, That Joseph Sturges bo appoin ted Clerk, pro. tem. in the absence of the Clerk of this House. Tuesday, Nov. 27. Committees were appointed in conformity ’o previous notice. Tho Steam bont Tugalo, Capl. Wra which left tho wharf on Wednesday morning last, carried 11 free persons of color from this city, whose destination is Africa, per the ship Hercules, Captain Longcope, to sail in a few days from Savannah. Tho number of emigrants by this vessel is, we understand, 157—collected from Georgia, South-Carolinn and Florida. Thomas Hob by, Esq. of this city, oinbarks iu the some ves sel for tho westorn coast of Africa, and has ac cepted an agency from tho Augusta Cnloniza- 'ion Society. The report which he will be en abled to make of the Colony of Liberia, from porsonnl observation, will be a truly interesting document to his fellow-citizens generally.— We wish him a prosperous voyage and snfo re turn to his country and friends.—N. Jl. Ga zelle. disputed—nnd one which requires no ghost to come from the grave to tell us. Wo havo been swamped in Pennsylvania, rowed up Salt River by the Yorkers, and are now high and dry on the overslaugh of Point-no*P Jnt—there to stick till nnothcr four years, the tide floats us again un the billowa ocean of politics. But what of this? the‘victors’have done their prettiest against the 1 vanquishedand because they havo eaten the pudding’ it ia no reason that wo should ent the bag. The fact is, wo have been wofully licked, but there is no use in' cry. ing for spilt milk.’ Simon Spatterdash say# in the piny,——ono good turn deserves annil, er, as the beef steak said to the gridiron’—so lot us say the next lime tho Irustlo comes about. Tho long faces now, will be spunk to the backbono then, and if wc cannot even for the next term elect the man of our choice why, our opponents will theirs,—and that will amount to the same thing.” Wholesale Emigration.-YUv Stuttgard Uni versal Gazolte of Sept. 2d- announces that t plan is in progress in the South West of Ger many, to take up a state and ship it over to the United States, to become a 25th member of tho confederacy. The following notice of the project appears in that publication ;—Accor ding to accounts from the south west of Germ any, a society of 'iberal men are organizing a grand plan for emigration to North America. The emigration has hitherto been precarious, because it did not rest on any solid foundation, and because the means were not concentrated. But now it is different, as the object is to form New Germany beyond the ocean, which is to receive all ihoso whose hopes and claims to liberty and right are disappointed in Old Ger many. In order to be admitted into the Con federation of the United .States of America, the law requires the number of free inhabit ants, above 25 years of age, to be 60,000, [40,000 without distinction of age, Eds] and this number is to assemble before any further measures can be taken. Many of the Ger mans established in North America will join their countrymen, and their plan is so popular iu Germany that scarcely any doubts are en tertained of its being successful. Al lion Chase and A. .71. Risbct. SATURDAY, DECEMBER 8,183SL To the Public. Tns rapid incresse of population, wealth and i n . telligencs of Western Georcu, hare prompted the Editors of the “ Socmens Banks*,” in order to keep pace with the improvement of the timee—to lay before their friends and patrons, the following pro- postils: They intend about the first of February next to publish the “ Banner” on a large imperi.il sheet-net inferior in size or style of execution, to sny now puh. lislied in the Slate—for the accomplishment ofwhitl, purpose, they have ordered from New York in entire new set of materials. The Editors deem it unnecessary at this late day, to enter into a minute detail of their political creed—they would deem it but a work of supererogation. Suffice it to say, their best efforts will always be directed (by disseminating correct principles, religious, moral ind political) to the advancement of the interest, honor and happiness of the people—particularly that portion of them comprising the Western, and North Western section ol the Stale ; and to whom they mainly look for patronage and support. The patronage of the Banner is now respectable, hat not sufficient to meet the increase of expenditure that must necessarily occur, in effecting the improvements contemplated. They are sanguine, however, in the hope, that a liberal public will yield to their efforts, that support and encouragement, upon which they oione must rely, for the successful accomplishment oT an undertaking so responsible, —©0©—- " Guns, PI,tots, and Triggers/”—Walsh’s “ Philadel phia Gazette,” the organ of the United States’ Bank in that place, in commenting a short time since on Ihe re- election of Gen. Jackson to the Presidency, uses the following mysterious language: “ We add with no less sincerity, that we anticipate and dread for President Jackson himself, toms catastrophe not distant,” Ire. Tho “ Mercury,” the red hot organ of the Nullification party in Charleston, South Carolina, is a little more explicit and intelligible on the subject. In commenting on the probable interference of the President with the views of the nultifiers of that Stite, it threatens "consequmen PERSONAL to himself of which he litlls dreams / 7" The American System.—We have ever believed with Mr, Jefferson, that there belonged to the free people of this country a redeeming principle sufficient to prove in all emergencies a corrective to eny abuses which might grow out the regular administration of the Go vernment ; and that the natural characteristic of the people of the United States—"good sense”—would of itself in a few years correct Ihe evils of the American System. A majority of the people may fora short lime be blinded, hoodwinked, and oppressed by artful and designing leaders, but Ihe spirit of inquiry abroad in the land—and the great facilities afforded hy Iho press, for the full, free, and uncontrolled gratification of that spir it, forbid the idea that such usurpations and oppression can ever he borne with or tolerated for any length of time. It has been to this “good sense of the American people” we have always looked for deliverance, and to it we still fondly chug, now that “clouds and shad ows” alone, seem to lower in the horizon of our coun try’s prosperity and happiness. Many circumstances have induced us to believe, that tho free trade doc trines were rapidly gaining ground at the North and East. The overwhelming majority of votes lately receiver! by our venerable and patriotic Chief Magistrate, Gen. Jackson—himaelf pledged to a fair arid equitable adjust ment of the Tariff—is to us “ confirmation strong as holy writ,” that there exists no insurmountable obsta cle to the settlement of the question, so far as the peo ple arc concerned: in addition to which, the altered tone of Ihe public prints, particularly at the Norh, and correct private intelligence which we have lately re ceived, all speak a language on this subject not Is bo mistaken. The following is an extract from a letter lately re ceived in this place, from an intelligent Southern gen tleman, who hax been travelling at the North tad East for several months paat. We give it at an evidence of the justness of our conclusion on this subject, " Every thing is now comparatively quiet to what it has been in New York—Ihe great political contest Is over, and the friends of Jackson, and the friends ofths South, are well satisfied with the result. In my first letter to you, I expressed an opinion, which it now made, would be somewhat modified—it was the opin ion that wc were virtually a divided people. I have since then mingled with many, who have left a differ ent impression on my mind j many who admit the jus tice of our complaints—many whoso all is identified with Ihe great interest of the East—that are manfully contending under the Jackson flag, for a fair and hon orable adjustment of the very evil of w hich we com plain. Whatever may be the declarations on the floor of Congress, of the advocates of the protecting system, it \» false to contend, that wc have nothing to hope, from the justice or magnanimity of the greet mats of the people. Maine, New Hampshire, and New Jersey, speak a different language—the divided condition of Rhode Island, and in a less degree of Massachusetts, with Ihe overwhelming majorities of New York and Pennsylvania in favur ofths administration—all satiety us, that we have much to hope, from a course of man ly, but patriotic firmness in our opposition to the sys tem. It is better to bear the evils now than fly to those we know not of, se wc must upon this subject, someday or other, be prepared to act in concert, Mr. Van Bu- ren is now in New York, the freedom of the city has just been given him. I sm not able Vo tell yon whal it is, for nobody here knows. Gov. Mercy elect, is also here, and aninmaleoflhe house where lam. Hs has been Ihe subject of more sport within a lew wsektlhan all the men in the state—tiov. Mercy’s “ breeches," for the mending of which, he charged the slate 50 cents, is a popular jest, especially with the anti-administration men j the cream of the juke can only be known by k history of the transaction—which 1 nave not time to give." —©GO— South Carolina and Ihe General Government.—The fact oftlie President’s having orderedacompaoyortwo of artillery and a few revenue cutters, from Baltimore and Norfolk, to the fort* and harbour of Charleaton, has been greedily seized upon by bis enemies at Ihe North and South, a* incontcstiblo evidence of his inten tion to employ force in coercing ihe refractory spirits of South Carolina,n»o obedience. The Washington Globe,