Newspaper Page Text
THE ELECTION LAWS. 11
The election law of 1830, will be pen- ji
•rally wanted at the approaching elec
tions, and the pamphlets of that year have t
already become inconveniently scarce, i
We therefore copy the act at length, sub- '
joining some other late provisions on the I
same subject.— Geo. Journal
AN ACT ‘
To prescribe the manner of holding elec
tions at ihe several election districts, in
the several countie* of this State, and .
to punish those «ln> may defeat or vio- 1
late the election laws of luroe in (his 1
State.
Be it enacted by the Senate and House
of Representatives of the Stair of Gear- 1
gia, in General Assembly met, and it is ■
hereby enacted by the authority of the •'
tame. That from and after the first day (
of June next, one Justice of the Inferior ‘
Court, or one Justice of the I’cacc, ami
two freeholders, or two of the aforesaid
Justices, and one freeholders, shall su- ■
perintend theeleclions in each and every
election district, which now is, or which
hereafter may be established in any of
the counties of this State, for the election '
of Governor, members of Congress, mein- 1
bers of the General Assembly, electors 1
ofPresident and Vice President or coun
ty officers.
Sec. 2. Be it enacted by the authority
aforesaid, That the freeholder* aforesaid,
shall not be competent to superintend the
elections until they, and each of them,
•hall first have taken (he following oath,
viz:—“ 1, A. if. do solemnly swear (or
affirm) that I am a freeholder, resident in
this county of that I will faithfully
superintend this day’s election, and make
a just and true return thereof, according
to law, and to the best of my ability, so
help me God.”
Sec. 3. And he it farther enacted by
the authority aforesaid, That the super
intendents, or a majority of (hem, of the
district elections in the several counties
of this State shall, and (hey arc hereby
required, on Ihe day of the elections hv
them held, in the respective districts, and
at the places designated by law, for hold
ing such elections, to receive and count
out the votes by (hem taken in, keep a
lair statement of the polls, and conduct
the elections in all respects,according to
the election law of this Stale, now in
force, eleventh February, one thousand
seven hundred and ninety nine, so far as
said law is now in force.
Sec. 4. And be if further marled by the,
authority aforesaid, That it shall he (lie
duty of one, or more of the superinten
dents of the district elections, in the
several counties of this State, to meet at
the Court-House, of their respective
counties, on the day after the election,
and then and there, together with the su
perintendents of (he election held at the
Court House, or a majority of them, and
count, compare, and add together, (hero
turns to them; produced by Ihe superin
tendents of the district elections of (he
county, and return and certify to the Go
vernor, the result ol the elections for that
county, agreeably to the election law of
force in (his Slate, passed the eleventh
day of February, in Ihe year one thousand
seven hundred and ninety-three.
Sec. S. And hr it further enacted by Ihe
authority aforesaid, That all returns of
district elections, made by freeholders in
their several counties, according to (he
provisions of this act, shall bo signed by
them as such.
Sec. G. And be it further enacted by the
authority aforesaid. That when any doubt
shall be suggested, as to the legality of
any vote ottered at any of Ihe counties of
this State, it shall be the duty of the su
perintendents o( such election,before re
ceiving such vote, to administer to the
person ottering it, together with the oath
now prescribed by law, (he following
oath, viz:—“l, A. IS. do solemnly swear
(or affirm) that I have not this day voted
at any election, held at any place, in this
State, for Governor, members of (Jon
fress, Electors of President and Vice
resident, members of the Legislature,
or county officers, so held me God.” And
it shall be the duty of the superintendents
of such elections, to return to the Clerk of
the Inferior court, a list containing (lie
names of all voters who have taken the
oath prescribed by this section, of this
act, which list shall be filled in the office
of said clerk.
Sec. 7. And be iffvrlhcr enacted by the
authority aforesaid, That the duties of
sheriff, as pointed out by law, at the dis
trict elections in this Slate, shall be per
formed by any constable, or any other
person appointed by the superintendents,
anil that said election shall in all respects,
except those herein recited, he conducted
in the manner, and with the solemnities,
and at the places prescribed by the laws
now infbrccin this State, regulating gen
eral and county elections.
Sec. 8. And be it further enacted by the
authority afurcs.iiil, That if any person
shall vote at more than one place, of hold
ing elections in any county of this State,
or any election for Governor, members of
Congress, electors of President and Vice
President, members of the Legislature,
or county officers, or if any Justice as a- 1
foresaid, or freeholder, presiding at any
election, in any of the districts of any i
county in this State, shall in any manner
fail Jo perforin Ihe duties herein required
of him, or shall violate the trust herein
confided to him ; such person, Justice of ,
the Peace, or freeholder, shall be deemed
guilty of a high misdemeanor, and upon
conviction thereof, before the Superior
Court, or any of them, of this State, shall -
be punished according to an act, passed
in the year seventeen I* ml red and i
ninety-nine, regulating general elections, I
and the penalties therein prescribed for ;
the violations of the said law, by the nta- i
gist rate, or superintendents-, Ullerebv ex- I
tended to persons voting contrary to the I
provisions of this act.
Sec. 9. And be it further made thy the .
authority aforesaid, That any and even- '
person, who shall be convicted of votin'*- (
at any election, who shall not have been t
authorised to do so, in accordance with ,
the constitution of the Stale, shall he t
punished by a fine of not less than thirty 1
dollars, or by imprisonment, at the dis- (
cretion of ihe, court, in the common Jail -
ol the county.
Sec. 10, And be it further enacted by
the authority aforesaid. That the magis
trate, or freeholder, who shall carry the
district election returns to the Court-
House, according to the provisions of this
k act. shall m all the counties of the eas
tern circuit, except the county of bullock,
be allowed ihe sum of three dollars, mbe
paid out of the country treasury of the
respective counties of said district, as g
aforesaid. P
Sec. 11. And be it further enacted by tl
the authority aforesaid, That (he elec- tl
lions held a 1 the several election districts ii
in this State shall be opened between the e
hours of seven, and ten in the morning, h
and shall bo closed at the hour of six in c
the evening. t
Sec. I }. And be it farther enacted by i
the authority aforesaid, That it shall be c
the duty of the two Justices of the Peace, s
in their respective districts, where pre- i
duct or district elections arc held, to i
carry this law into effect. 1
Sec. 1-J. And be It further enacted by i
the authority aforesaid, That all laws |
and parts of laws, militating against this i
act, be, and the same, are hereby repealed. |
ASBURY HULL.
Speaker of the House of Representatives. |
THOMAS STOCKS,
President of the Senate. \
Assented to, 23d Dec. 1830. |
GEORGE 11. GILMER, Governor. ,
. m t
“In all elections Hereafter to be held ]
for Governor, or electors of President
and Vice President of the United States, ,
and upon all questions and subjects ,
whereon the voice of the people of Geor- ,
gia may be desired to he expressed, it
shall and may be lawful for any citizen
of this State who may be entitled to
vote for such officers or upon such ques
tions in (he county of which he is a resi
dent, to vote for or upon the same, in any
county of this State : Provided he shall
not have voted elsewhere for sui h officer,
or upon such question or subject.”
Act of 1833, ]>. 93.
See. 3. False swearing shall consist
in wilfully, knowingly,’ absolutely and
falsely swearing, either with or without
laying his hand on the Holy Evangelist
of Almighty God, or affirming in any
other matter or thing (other than a judi
cial proceeding) by a person to whom a
lawful oath or affirmation is administered.
Hec. \. Any person who shall com
mit (he crime of false swearing, shall be
punished by imprisonment ami labor in
the Penitentiary for any lime not less
than three years. —Penal Code page 171.
Sk.-. 29- If any person shall hereafter
vote morethari once at any election which
may be held in any county of this State,
or vote out of Ihe county in which he may
usually reside, for members of the Legis
lature, or for county officers, such person
shall be indicted for a misdemeanor, and
on conviction, shall be punished by im
prisonment and labor in the penitentiary,
lor any time not less than one year, nor
more than two years.
Sue. 30. It any person being twenty
one years of age or upwards, shall here
after hay or sell a vote, or ho concerned
in buying or selling a vote, or shall un
lawfully vole at any election w hich may
be held in any comity in this State, such
person shall be indicted lor a misdemea
nor, and on conviction, shall be punished
by imprisonment and labor in the peni
tentiary fora term not less than oneyear,
nor more than four years.— lbidp, 190.
—■•••*»•» (jp «i(«<•. ——
Prom the Macon Messenger.
JUDGE DOUGHERTY.
1 be State Right* party have great rea
son to he proud of their Candidate for
Governor. Selected for his talents and
patriotism, a lull and searching examina
tion ol his character, through a violent
and heated canvass, has fully sustained
the confidence of his friends) and disap
pointed the malice of his enemies. Hut
one sin moral or political, has been al
ledgcd against Judge Dougherty; and
pray what is that ? Why it seems (hat
in (lie year 1830, be was no nullificr —
but voted for an amendment, to what was
commonly called (he “ Land Hill,”
which was designed to avoid a collision
with (he General Government. For tills
he lias been denounced as a ‘‘Federa
list,’' a “ Subniissionistl J ” by these ve
ry men who are most clamorous against
his election, because he is a Sit!lifter,
Flie ridiculous inconsistency of these
charges by the Federal Press, deserve
no other notice but what it lias already
received f rum an intelligent community
—^contemptuousderision, —The following
article from (he Southern Recorder will
place (his matter in a proper view before
the public.
From the Southern Recorder, Is/ Oel. 1834.
The accusation against Gen. Beall,
will doubtless excite the laughter of our
readers. There is something so utterly
ridiculous in the charge itself, as appli
ed, ol all men, to Augustus Beall, and
so ludicrous w ithal, as emanating from
the Federal Union, that wc scarcely
know whether to treat it with (he levity
it deserves, or to pass it over, without a
waste of time in its relation. What is
this grave charge, showing the impro
priety of voting fin Gen. Beall, made
by the Federal (mind reader,) the Fede
ral f nion ? Ii is (w ho would have
thought it ?) that Robert Augustus Beall
is a submissionisl; a nullifying submis
sionist! ! Strange conjuctimi of terms,
but yet gentle reader, ho less strange
than true, it the Federal Union is to be <
believed hr (lie premises; and stranger i
still, that print has actually attempted to ,
array evidence in support of it. Wc t
shall, it we do nut greatly err, make .
this very evidence tell on the other side
ol the house before wc arc. done with it;
and with such effect, ns we have some
times witnessed in court, when an uu- *
skilllul and misinformed lawyer has 1
brought forward, with all the 'air and «
confidence of triumph, his main witness, i
who, to the utter contusion of the blun- ,
deter, positively establishes the guilt of
his client. The evidence exhibited
against Gen. Beall, is, that he opposed
the survey and occupancy of the Indian
lands, and introduced a clause into the
bill, that it should, not be enforced, with
the prospect in view' of collision with the f
government of the United States. '
It will scarcely be necessary to remind t
the grave and reflecting portion of our t
fellow citizens, of the madness, which
during (lie session of 1830, pervaded too
many of those who constituted it. Many,s'*
believing that they had mounted a pop- 11
ular hobby, which would bring themselves 11
votes, seemed disposed, on this subject, I 1
to ride over all the counsels of prudence, n
■the suggestions of policy and the dictates 0
ol humanity. At this* time of day, it
would utterly astonish the reflecting' por P
bon of our people, m be informed of the
crude ami cruel nnti >ns upon the subject
of our Indian relations, entertained bv
many, whose only aim and object in their
advocacy, was the hope, the vain and
I mistaken hope, that the people of Gcor
gia, in their desire for Indian lands, had :
put under foot every consideration for
the peace of the country, the honor of *
the State, or the sacred claims of human- <
ity. We verily believe that a war of t
extermination against the Indians would ]
have met the cordial acceptance of many ;
of whom we speak. But we had men in (
the Legislature, of wider views, and (
more elevated patriotism. They oppos-
ed this current in every way it was pos
sib'c to oppose it; and one of the chief 1
moans, lei it be understood, was die free
use of the name of Andrew Jackson.
For be it remembered, that men upon
whom all other arguments were entirely
lost, were brought to listen when the
name of him they feared was brought
before them. And wc have the best rea
son for believing, that could (here have
been produced to them, a letter from the
President, disapproving the proceedings
upon this subject, that (hey would have
been at once stopped, hv those amongst
the foremost in pushing them forward.
Such communications were asked for,
publicly and privately, with an under
standing that if produced, their influence
should be acknowledged. Hence the
ruse of Gen. Beall anti others, who find
ding every other means utterly unavail
ing, sought to stop, or to ameliorate, the
madness of the hour, by using the name
of Gen. Jackson, to those with whom that
name was omnipotent.—And we appeal
to the members of the Legislature of
that year, if it was not the fear of colli
sion with (lie General Government, which
eventually cut down a bill anniliilative
of the Indians, to that of one only to
survey the lands within our limits. Thus
then it seems that Gen. Beall is a sub
miasionist, because he adroitly made use
of Gen. Jackson’s name, to actuate the
fears of those with whom this name was
omnipotent—to prevent them from de
grading our State, and our common coun
try. Who those were, wc leave the
Federal Union to specify, as they must
be much better acquainted with them
than we can pretend to be. Here we
leave the subject, with a single remark,
that opposed us we are to arbitrary mea
sures of (he President, and ready as we
are to resist the unconstitutional mea
sures of the Government, we shall still
take the liberty of using the name of
Andrew Jackson, or any one else, when
ever by so doing, we can make them sub
servient to (lie interests and honor of the
country ; and if (his is submission with
which it has been our fortune ever to
have, become acquainted.
at*-
Some of (he papers at the North are
contending that the Constitution of the
United Stales recognizes the existence of
slavery but does not sanction or guaran
tee it. Now, if prejudice bad not dar
kened the understandings of their con
doctors, we might ask i( the constitution
al injunction which makes it the duty of
one Slate to deliver up persons held to
service or labour in another state, being a
guarantee of the rights of property, under
a certain institution, is not a guarantee of
the institution itself.—Words have lost
their meaning it (his be not a guarantee
as well as a recognition. It is admitted
(hat Slavery is one of the elements of po
litical power under the National Consti
tution, ns it. constitutes (he basis of rep
resentation for one branch of the Nation
al legislature. Yet it is contended that
(bis is no sanction of slavery. Our op
ponents are bard pressed for argument
when they resort to such idle distinc
tions. —Soul hern Patriot.
AtrCiUWTAt ■
SATURDAY, OCTOBER 3,183 o)
“ Be just , and fear not,"
STATU RIGHTS NOMINATIONS*
FOR GOVERNOR,
( 31A IB Ii IS IMHIR SB Ii IS TV.
FOR CONGRESS,
ii. <nV Tiisiif,
ISOaiBiBST A. SS2;Ailili.
IBIBIBAISII 11. Wllilli:,
TIS» HA* F. FONT Ii 18.
ANTI*A lIOLHTON MEETING,
In Burke Count;/.
The CUineus ol liurUe eonnly,arc re*
quested In meet nt \VA VNEMIOROI GH,
on Ihe |s( Monday in October next* lo
express their view'* of the movements
of ihe Abolitionists ut Ihe North; and
loadopt measures tor (lie suppression
o S all incendiary publications which
may reach Ihecoinily. ALL PARTIES
are earnestly requested In attend.
Alledltnrs in tlio city, are request
ed lo gflve this noticenu insertion.
MANY CITIZEN’S.
UnrUo County, Sept. 31, 18:15,
III' ItKE CT»V STATE RIGUTS TICKET,
ron senate,
COI-. A. J. liAWSOX.
Fan H EPU RS EXT AT IVES,
THOMAS S. BURKE, Esq.
CHARLES A. BURTON, Esq.
ELIJAH ATTAWAY, Esq.
COPARTNERSHIP.
My lirotlier, W.n. F. Psmbxbton, having be
come associated with me in the general interest
ami management of the Augusta Chuoxicle, it
will, from this date, amt No., which is the first of
the new volume, he published by A. H. & XV. F.
Fem uebtox, to whom all letters, on the future
business of the establishment, should bo addressed.
The former business of the Augusta Chronicle
being wholly separate from live present, it is not
only desirable, but necessary, to collect the debts,
and close the books, of the lasi ton years, as early
as practicable. All persons indebted, to this date,
are, therefore, earnestly requested to make immedi
ate payment.
A. H. PEMBERTON.
Acousta, Sept. 30, 1835.
TO CITY SUBSCRIBERS.
Those of our city Subscribers who have chan
ged ot are about lo change their places of residence,
will please give notice at our office, of the places I
to which they remove, that our Carrier? may be
directed where lo leave their papers.
/" bank op aTgusta. v
/We have been requested to state, for the infor
mation of the public, that Ihe Notes of the Bax*
or Augusta, (Georgia,) are received, at par, in
payment for land, at all the land offices in Ihe U
nitod States. Also, that chocks at sight may be
obtained at the Bank of Augusta, on the following
places 1
Savannah, Lexington, Ky.
Charleston, Nashville, Tenn.
Petersburg, Va. Natchez, Mis*.
New York, Mobile, and
Cincinnati, Ohio. New Orleans.
Centtitutionalitl of Thursday.
MR. SBCLTZ’S NEW ENTERPRISE.
We arc inJebteJ to Mr. Shultz for several
German papers, lately icccivcd, by which we per
ceive that his project of a direct trade with Ham
burg, continues to be warmly received. The
Hamburg papers of 17th July, strongly approve
it, and also a paper of the 26th July, of Roln,
on the Rhine, one of the principal manufacturing
towns in the country .which publishes in an extra,
numerous extracts from the Charleston and Au
gusta papers on the subject.
JfDOE SCHLEY’S FEDERALISM.
The developments made by Messrs. Lcmlc,
Gamble, Holt, Gobcrt, and Harman, have struck
the misnomefed Union Democratic Republican
party, with confusion and consternation. To en
able the reader, to place immediately under his
eye, the charges against Judge Wm. Schley, as
proved by those gentlemen, we substantially te
capitulate them as follows:
It is proved,
Ist. That, at the close of the last war, when
the militia of Jefferson county were ordered to
Savannah, Judge Wm. Schley was in the ranks,
and mentioned to a gentleman who was passing,
that if it was not for him and his party, (the Re
publican party,) he would not now be compelled
to leave his family—that the Republican party
had caused the war, unnecessarily; but that he
would willingly leave his wife and children, if
Jefferson and Madison were placed at the head of
the army ; for he knew that they would run, and
he would then have an opportunity of putting a
ball in their backs.
2d. That Judge Schley was opposed to the Ad
ministrations of Jefferson and Madison —that ho
supported the political doctrines of Alexander
Hamilton and the elder Adams—and that he has
been always recognized as a Federalist, opposed
to the Republican parly of the United States.
3d. That Judge Schley named one of his sons
after the notorious Hanson,the Editor of a Feder
al newspaper in Baltimore, who was mobbed for
his violent and vindictive opposition to the last
war—that that son, who still bears Hanson’s
name, was born to Judge Schley, about the time
that Hanson was mobbed, and was thus named,
as the Judge termed it, to honor Hanson for his
patriotism and almost martyrdom in the cause
of his country —and that Judge Schley, was a
pation and subscriber, and consequently, an ad
mirer of the odious doctrines inculcated by Han
, son’s unprincipled paper.
i 4th. That Judge Schley was an advocate of
I the ALIEN and SEDITION LAWS, particular
ly the latter i and, that he has repeatedly said
that it was one of the best laws that had ever been
passed in the United Slates 1!
j- slh. That Judge Schley justified the assemblage
. of that clan of conspirators, the infamous HART
- FORD CONVENTION !
6lh. That the house in Louisville, in which
‘ Judge Schley resided during the war, was not il
-1 I unlimited upon the occasion of some victory,
1 when there was an illumination by the citizens of
1 that place—and that a company which was
|- marching through the town, with music and re-
I joicing, coming opposite the house, and seeing it
p all dark, called out for the Rogue's March, which
1 would have been played but for the forbearing in
- torposition of one of the company.
Tlh. That Judge Schley’s course as a Federa
list, was so open and undisguised during the
(war, and, indeed, for some considerable time aftcr
ward, that ho became so unpopular, that it was
repeatedly said, that no man could get any ap
pointment in the county, who was known to he
supported by him.
Bth., and last, That to Governor Tuoup, and
his course in relation to the Indian lands, Judge
Schley was bitterly and uncompromisingly oppos
ed, and very unmeasured, in his terms of denun
ciation, both of him and his policy.
With these overwhelming proofs of the poli
tical delinquency of Judge Win. Schley staring
them in the face, can the people of Georgia be so
regardless of the purity of their institutions, and
the saeredness of the glorious deposit which their
revolutionary forefathers have confided to their
guardianship, as to elevate to the Chief Magistra
cy of the State of Georgia, a man, whose whole
life has been characterized by an inveterate hosti
lity to the peculiar genius of their government,
■ and to every republican administration which has
’ ruled its affairs ! God forbid! Let them examine
1 the evidence before thorn, and they cannot hesitate.
; It comes from gentlemen of unquestionable ve
-1 racity, distinguished alike for their respectability
and intelligence, who were for years the fellow
townsmen and intimate acquaintances of Judge
■ Wm. Schley. Reflect deeply ami maturely upon
this evidence, People of Georgia, and let your ver
dict consign Judge Wm. Schley to the obscurity
he merits. In doing so, you will save the State
from political ruin and degradation, and its yet
redeemable character from the indignant reproah
cs of every true republican throughout the Union.
THE ALIEN AND SEDITION LAWS!
The over imfamous Alien Law, authorised
the President, wholly at his own discretion, to ar
rest and imprison any Alien, and send him out of
the country, as he pleased ; thus making him at
once both accuser, judge, and jury, and enabling
him to punish, at his own will, on bare suspicion,
or from private motives, innocent persons, friend
, ly to the country, and so far devoted to it and its
institutions, as to have quitted their own forever,
from more preference of it—and this, too, after
thousands and thousands of Aliens had fought for
the very liberties it enjoyed, and aided in the es
tablishment of its independence—among others,
Lavatkttk, Dekalb, Pulaski, Kosoiusco, &c.
Ac. Can more despotic tyranny be conceived,
than this, thus exercised against the friendless Ali
alieu, in this boasted “land of the free, and home of
the oppressed,” after ho had been invited to emi
grate to it, and partake, equally with its native citi
zens, of its privileges and hospitalities! Can any
adopted citizen of this country, once an Alien,
consent to vote lor the man who openly advoca
ted and supported such a law 1
The Sedition Law, rendered the character of
the President, sacred, like that of a Kino, and
made it criminal, and subject to high lino and im
prisonment, to speak, (even in a public meeting,)
or write, or print, plainly, freely, and boldly, (as is
now done.) of him and other high functionaries
of the Federal Government, and their public con
duct and measures—thus completely prostrating
the freedom of speech and the press, as guar
antied by the Constitution, and purchased, with the
general freedom and independence of the country,
by the wisdom, courage, services, sacrifices, blood
1 and lives of our illustrious forefathers? Can any
citizen who respects the memory of those anccs
j tors, and the unquestionable blessings they be
’ queathed to liim, particularly the freedom
speech and the press, consent to vote for the man i
who openly advocated and supported such a law 1 1
It has been proved upon Judge Schlet, be
yond the power of denial—and indeed no at
tempt whatever has been made to deny it—that
he was an advocate of the Alien and Sedi
tion Laws, especially the latter, and said, re
peatedly, that it was one of the best Laws
THAT HAD EVER BEEN FASSED IN THE UNI
TED States.” !! And be it remembered, that he
has never yet recanted or changed his opinion
of those laws.
Now, if there be any adopted citizen, once an
Alien, or any citizen whatsoever, who professes
to be in favor of freedom of speech and the pressi
prepared to vote for Judge Schlet, we should be
glad to see him declare so, publicly, under his own
name, and thereby identify himself with the man
and his politics. And if not prepared to do this,
can he consent to vote secretly, for a man ho
dare not advocate publicly 1
The Union men p’rofess to venerate the memo
ry, and support the doctrines and principles of
the illustrious Madison and Jefferson. What
say they of the infamous Alien and Sedition
Laws, in the celebrated Virginia and Kentucky
Reports. Mr. Madison says :
“ That the General Assembly doth particularly
protest against the palpable and alarming infrac
tions of the Constitution, in the two last cases of
the “Alien and Sedition Acts,” passed at the last
session of Congress; the first of which exercises
a power no where delegated to the Federal Gov
ernment, and which, by uniting legislative and
Judiciary powers to those of Executive, subverts
the general principles of free government, as
well as the particular organization and provisions
of the Federal Constitution; and the other of
which acts, exercises, in like manner, a power not
delegated by the Constitution, but on the contra
ry, expressly and positively forbidden, by one of
the amendments thereto : a power, -which more
than any other, ought to produce universal a
larm, because it is levelled against the right of
freely examining public characters and mea
sures, and of free communication among the
people thereon, which has ever been justly deem
-1 ed the only effectual guardian of every other
■ right."
Mr. Jefferson says : “If the acts before spe
cified should stand, these conclusions would flow
’ from them: that the general government may
: place any act they may think proper on the list
i of crimes, and punish it themselves, whether
enumerated or not enumerated by the Constitu
tion, as cognizable by them ; that they may trans
- fer its cognizance to the President, or any other
i person who may himself be the accuser, counsel,
judge, and jury, whose suspicious may be the evi
dence, his order the sentence, his officer the cxc
■ cUlioncr, and his breast the sole record of the
transaction—that a very numerous and valuable
f description of the inhabitants of these States, be
ing by this precedent reduced as out-laws to the
■ dominion of one man, & the barriers of the Consti-
J lution thus swept from us all, no rampart now re
mains, against the passions and the power of a
1 majority of Congress, lo protect froqj a like ex
portation, or other grievious punishment, the mi
-0 nority of the same body, the Legislatures, Judges,
, Governors, and Counsellors of the States, nor
Iheir other peaceable inhabitants who may ven
ture to reclaim the constitutional rights and liber
li tics of the States and people, or who, for other
L causes, good or bad, may bo obnoxious to the
views, or marked by the suspicions of the Presi
’> dent, or be thought dangetous to his or their clec
if ions or other interests, public or personal; that
s the friendless Alien has been selected as the
safest subject of a first experiment, but the
citizen will soon follow, or rather has already fol
t lowed—for already has a Sedition Act marked
li him as a prey : that these and successive acts of
the same character, unless arrested on the thresh
old, may tend to drive these States into revolu
tion anil blood, and will furnish new calumnies
i- against Republican governments, and new pretexts
e for those who wish it to be believed that man can
not be governed but by a rod—that it would be a
dangerous delusion, were a confidence in the
' men of ourchotcc to silence our fears for the safety
. of our rights—that confidence is every whore the
. parent of despotism—free government is founded
in jealousy, and and not in confidence—it is jeal
ousy, and not confidence, which prescribes lirai
-1 ted constitutions to bind down those whom wo arc
. obliged to trust with power—that our Constitu
tion has accordingly fixed the limits to which,
• and no farther, our confidence, may go—and let
- the humble advocate of confidence read the Alien
and Sedition Acts, and say if the Constitution has
not been wise in fixing limits to the government
■ it created, and whether we should be wise in dc
t straying those limits t Let him say what the
i Government is, if it be not a tyranny, which the
j men of our choice have conferred on the Presi
dent, and the President of our choice has assentfel
r to, and accepted over the friendly strangers, to
r whom the mild spirit of our counly and its laws
had promised hospitality and protection that the
men of our choice have more respected the bare
3 suspicions of the President, than the solid rights
. ofinnocencc, the claims ofjustificalion, the sacred
force of truth, and the fotms and substance of law
’ and justice. In questions of power, then, let no
5 more he said of confidence in man, but bind him
3 down from mischief, by the chains of the Consti
. tution. I hat THIS COMMONWEALTH DOES THERE
foIk gallon its co-states for an expression of
their sentiments on the acts concerning Aliens,
I and for the punishment of certain crimes herein
, before specified, plainly declaring, whether these
acts, arc, or are not, authorized by the federal com
pact. And it doubts not that Iheir sense will be
i so announced as to prove Iheir attachment to
- limited government, whether general or partial
. lar, and that the rights and liberties of their co-
States will be exposed to no dangers by remain
- ing embarked on a common bottom with their
t own: but they will concur with this Common
. wealth, in considering the said acts as so palpa
bly against the Constitution, as to amount to an
‘ undisguised declaration, that the compact is
not meant to be the measure of the powers of the
General Government, but that it will proceed in
1 the exercise over these Stales of all powers what
soever—That they will view this is seizing the
rights of the Stales, and consolidating them in the
‘ hands of the General Government, with a power
t assumed lo bind States, (not merely in cases
. made federal,J but in alt cases whatsoever , by
laws made, not with their consent, but by others
’ against their consent; that this would be to sur
- render the form of government we have chosen,
s and live under one deriving its powers from its
• ( own will, and not from our authority.”
r “ REMARKS ON SLAVERY,”&c.
The most objectionable remarks in this very
useful and instructive work, as alluded to in our
• last, are as follow :
“ ’ lhat ! l mi ebt be generous, in the owner of a
, slave to liberate him, no one would question, even
. it the slave were not benefitted thereby.”—p. 13.
I A prejudiced reader might urge, lhayif it would
be generous to emancipate, then it must be unge
nerous, at least, it not selfish and unjust, not to
do so—forgetting that generosity, captivating and
, delusive a virtue as it is, is commendable only
• when it conflicts not, as it too often does, with
some other virtue. Generous as it might be in
f itself, when we remember the injurious character
1 and conduct of free negroes generally, and that
• the master is held accountable to the community,
I for the conduct of the slave, and prohibited by
i the State from emancipating him, and thereby
i rendering him a common pest, it would be unjust
■ to the community, and a violation of law and
; public duty, to bo thus generous; and there is no
belter maxim than “ be just, before you arc gene
■ rous.”
“ It will not. however, be pretended, though the
scripture sanctions slavery, that it any where
commands it; and from the principles of brotherly
love which the sacred volume inculcates, no one
will pretend, I presume, that it would be a trans
. gression of any of its rules, for the owners of
slaves to emancipate them, whenever they should j
deem it expedient to extend to them this privi- c
lege.”—p. 16. g
It would here seem to be admitted or indicated,
that “ the principle of brotherly love which the f
sacred volume inculcates,” would render it virtu- .
ous, or generous, or laudable, to emancipate,
whenever the owner should deem it expedient to
to do so. This is the ground taken by the more
intelligent and rational of the Abolitionists, as
well as the Colonizalionists, or ultimate Aboli- .
tionists—and indeed all, after being driven from 1
. i
the position, that the scripture commands or in- 1
culcates emancipation. But we deny it, alto-
gether ; and contend, that all rational brotherly
love, both to our fellow citizens and the negroes,
requires that we should withhold from the latter,
that which they arc incapaciated to enjoy, & which
would be a curse to all parties—the emancipated,
the uncmancipatcd, and the community. It
would be a “transgression,” too, against the laws
of the State, which very properly prohibit eman- ,
cipation, and consequently against those “rules”
of scripture, which enjoin upon us to obey all ,
just laws, and “render unto Crrzar, the things
o I
that are Omzar’s.” Each individual is responsi
ble to the State, and his immediate community,
for the conduct of his slaves. And, while we '
are liable to fanatics, or weak-minded and unre- 1
flcctingly generous or philanthropic people among 1
ourselves, who might be disposed to emancipate
their slaves, from a foolish regard, or fear, or when 1
they could no longer hold them, (as wicked hut '
avaricious and superstitious men have bequeathed 1
their wealth to build churches,) as an imaginary ‘
atonement for past errors; it would never an- 1
swer to leave a matter of such importance to the 1
common weal, to what any and every individual *
“should deem it expedient to” do in reference to 1
the emancipation of their slaves. We have I
more “generous” and “brotherly love” einancipa
• tors, at the South, than the North, few as they
may be ; for, while wo have frequent instances of
application to the Legislatures, for leave to eman
cipate the applicants own slaves, who ever heard
of a Northern Abolitionist proposing to emanci
pate at his own expense, or buying a slave, and
then emancipating him 1 There is nothing to
prevent tho Northern people from buying South
ern slaves, and thou taking them home, and
emancipating them there; but they do not seem
at all disposed to avail themselves of this great
, privilege, and generous and philanthropic means
'of promoting their object. Oh, no! It must
be done at owe expense, not theirs 1
. “In numerous cases, neither the prosperity or
. happiness of tho slave, would be promoted by an
. acceptance of emancipation, if tho anti-slavery
. associations could furnish it. In many cases I
. have no doubt it would be rejected ; and where
i it was not, the instances would not be a few,
. where the condition of the slave would bo made
. worse by accepting it.”—p. 19.
■ Tho reader might infer from this, that if “ the
[ prosperity or happiness of the slave, would not
. be promoted by an acceptance of emancipation,”
r only in “numerous cases,” then, in a majority of
! cases, it :would (which we deny ;) for the term
“numerous cases,” as hero used, cannot be un
t derstood to mean anything like a majority ; and
' by thus leaving it to bo inferred that the majori
' ty is on the other side, the author’s own argu-
I ment is against himself. And again: tho re
f mark, that “the instances would not boa few,
where the condition of the slave would be made
s worse by accepting “emancipation,” leaves us to
s infer, in like manner, that in a large majority of
- instances it would not be made worse.—Now>
II we have no hesitation in believing, and declaring,
, that it would be made worse in 99 cases out of
, 100, if not 999 out of every 1,000; and those
I who at all agree with us, must be conscious, that
■ the tendency of the remark above quoted, is
’ rather to weaken, unnecessarily, tho cause it
, aims to defend.
, “It is not intended by these remarks to intimate
: that slavery is particularly favorable to morality.”
i —p. 35.
1 It is either favorable to morality, or unfavora
. ble; and the tone of the remark might induce the
i reader to infer that tho author thought tho latter.
! If morality consist in the absence of vice or crime,
then it is decidedly favorable to it.
, “ I have very little doubt, but that there are
now fewer crimes committed amongst the slave
population of the Southern States, than there
would bo, in any brief period, amongst the same
individuals, if they were made free.”—p. 85.
Now, there need bo no doubt, at all, on this
point; there is no room for any ; for there is not
only infinitely less crime, or immorality, among
the slaves of the South, than the free negroes at
, the North, according to numbers, but also less
than among any other working class, of any
color, in any country on earth. This may startle
1 many at first, but the fact is unquestionable, and
| the cause fully as obvious. The natural tendency
, of ignorance is to crime. The great mass of every
■ working class is ignorant—too ignorant to guard it
• self from the temptations of vice, or to see that it is
’ to its interest to avoid it. The tendency of slavery,
. is to guard and protect ignorance from mischief,
■ by a parental-like supervision and control, rather
> than to throw every inducement & temptation to it,
’ fully in its way, and then punish it for committing
, if—while that of freedom, to ignorance, is directly
. the reverse. Intemperance is rife among tho ig
! norant free, and all the vices and miseries it insti
’ gates and engenders ; but there is little or no in
, temperance among the negroes—not because they
t have naturally less liability to it, but because the
' means of it arc cautiously kept out of their way,
from their youth upward. The negro occupies
I die scute position toward his master, except in
blood relationship, &c. that the child or minor does
toward its parent or guardian—and is not more a
slave, or more liable to control, or to the whip; and
like the minor, he is ignorant, and unable to guard
against the snares,and temptations, and vices of the
world,and is therefore equally benefitted in having a
guardian, to do it for him. Will any pretend that
the minor would be benefitted by freedom from the
control of its parents, and liability to the disgrace
of the whip, &c.; or that the country and itself
would be benefitted by giving it the ptivilege of
voting, and holding office 1 We presume not.
And, as the child or minor is exempt from vice,
immorality, and misery, by tbc salutary control of
the parent or guardian, so, in like degree, is the
slave, by that of his master.
“ Were there no slaves in the southern states,
and were the question now to be submitted to the
inhabitants of them, whether slavery should be in
troduced there or not, it is highly probable the de- 1
cision would he against the expediency of admit
ting it. But slavery is already here, not brought 1
here by the present generation of slaveholders 1
but those or the ancestors of those who arc now '
opposed to it.” —p. 30.
With regard to the first sentence, if the author |
moans that the inhabitants would so decide, with- j
out any of their present knowledge of slavery, as 1
did the first settlers of Virginia, he may be right; t
for all who do not understand it, arc prejudiced $
(against it ; but if he means that they would do 6
so with all their existing intelligence on the sub- i
jeet, and consequently with so much the better t
■— J- - - mk
capacity to decide fairly and accurately, we are
satisfied he is wrong, and that all facts, relevant to
the matter, are against him : else, why has slave
ry been voluntarily, and otherwise unnecessarily,
introduced by them into all the new states and
territories 1 Nay, more, can he believe that they
would have emigrated to those states anil territo
ries, if slavery had been prohibited there 1 And
docs he not knoW, that one of the most interest
ing questions, to those who have considered the
propriety of emigrating to Texas, is whether slave
property will be secure there, with a full deter
mination not to go, if they have any doubt that
it will 1 and that none have any idea es selling
their slaves to go there 1 Is not all this full proof
that he is mistaken, if he thinks the southern
people, with their present intelligence on the
subject, would not introduce slavery here, if it
were not here, or would feel any conscientious
scruples in doing so 1 We have marked the feel
ings of the southern people, well, on this subject.
We believe we are as completely a southerner, and
identified with southern feelings, hopes, and in
terests, as any man that breathes ; and while we
gratefully and sincerely thank God that he has
cast our lot in a slave state, and feel that it Would
now be impossible for us to exist satisfactorily in
any other, we have no hesitation in declaring that
we should concieutiously feel that we were doing
the best possible service to the negroes and to' the
country, by introducing slavery here, if it were
hot here. Wo dispise all cant on this subject, or
any other—(be it not supposed for a moment, that
we have any allusion in this, to the venerable and
excellent author of the work in question, or any
of his remarks, to whom or which it would he
alike unjust and unwarantahlc) —we hold no o- «
pinion, and never will, that we are ashamed to a- *■
vow ; and will never permit any considerations
of interest, fear, or favor, to induce us to adopt or
advocate any one which we even doubt. Our
first unconsidered impressions of slavery, like
those of every one else, were adverse to it, and
inclined to tho belief that it was an “ evil.” If
we believed so still, we would either avoid it, or,
for decency’s sake, be silent. Wc have no idea
of defending or advocating evils, or, of preaching
one thing, and practising another; and wc ad
vise those Southern men who unreflectingly ad
mit it to be such, to remember that they ate speak
ing without investigation, and to look well into
the subject, ere they thus weakly, gratuitously,and
unnecessarily, compromit the honor arid character
of their country, as well as themselves, by holding
it forth to the world as wilfully and selfishly cling
ing lo an acknowledged “ evil,” and refusing to do,
or permit to be done, anything, having even the
remotest tendency toward its removal. It could
never stand securely on such ground, against all
the opposition from without. It is no ordinary
question—no mere tiling of a moment —but, em
phatically, the great question of the age—and it
will presently agitate principally, as it now does
, partially, tho entire civilized world. Isolated as
the Soutli is on this question, with the prejudices
of the whole civilized world upon her, it behoves
her people lo call all their powers and energies
to their aid, look well to their position, and all
its weak and strong points, and, above all things j
beware how they unreflectingly compromit their
great cause, or weaken its truth and virtue, by
inconsiderate expressions. Long and deep re
flection has satisfied us that negro slavery is, in
every rational point of view, a blessing; and tho
discussion which has commenced will assuredly
prove it to be so, to all who will look well into
that discussion, whether within or without. It is
peculiarly a new question, but armed so strong in
native truth and virtue, that if the South be but
true to herself, she will tiiumphantly sustain her
self against tho world, and transmit to posterity,
as an acknowledged principle of social polity and
civil government, the best that has ever been con
ferred on mankind—that principle or system of
combined Liberty and Slavery, whicli elevated
Greece and Rome above all the nations of the
earth—which, in its introduction at the South,
together with that naturally inferior race of man
kind so necessary to tho general fitness and per
fection of the system, has rendered our inslitu
tions the best and happiest on earth—and which,
in its future progress and improvement, and con
nection with tho general political principles of
the South, will ultimately place her as far above
Greece and Rome, in rational liberty, happiness,
wealth, and power, as they were above all other
nations around them. We know that all this
will seem to many like a wild and visionary con
ception. Would that all who view it as such
would impress it well upon their memory, and
mark its onward progress. Let them do this,
and they will yet see, that what is thoughtlessly
termed an “evil,” was destined by God, In his in
finite wisdom, for the greatest and noblest of hu
man purposes, and the highest of civil and social
blessings. But, as all great ends, have been at
tained only, through great efforts, so must this.
The trial will be a great one-commensurate
with the great and glorious end of it; and the
extent and severity of it, will depend upon tho
firmness, courage, faith, and virtue, with which it
is sustained. The array against us will be
great, and little less than another Crusade of the
whole civilized world ; but, success depends, not
on mere physical strength, or numbers, but on
truth, right, and virtue, which arc all on our side;
and they who properly wield them, wield the in
vincible power of God himself. They never
have been overthrown, where those entrusted with
them, determined to “do their duty, and leave the
consequences to God”—and never will be!
But, wc return from this digression,—(and
in doing so, we again request those who think it
wild and visionary, to bear it in mind, in connec
tion with future results)—to the latter sentcnceof
the last quotation, which weobjeetto, as weaken
ing the cause, by an attempt merely to excuse
that which is right and good in itself, and ought
therefore to be boldly justified and approved, not
excused. If it need excuse, it is wrong; and wo
again deny that it is so, and arc amply prepared
to sustain that denial.
That there will be no immediate change, there
fore, in the organization of society at the South
may be considered absolutely certain; but that
there is a meliorating influence pervading tho
whole system of slavery, need not be doubted. To
what changes this may eventually lead.cannot now
be determined ; but whatever these may bo, they
must be brought about by the slave-owners them
scl yes, without any foreign interference. And any
legislative action on the subject, must be through
the legislative authority of the States where slavery
prevails, under special instructions from the citi
zens of those States.”—p. 31.
This is the last objectionable remark we have
to quote, and, in our opinion, it is decidedly the
most objectionable one of alt. It unintentionally
holds out a hope to the enemies of southern slavery
that it will ultimately be abolished, even by our
selves, and thereby plainly indicates that we our
selves must be opposed to it at heart, and believe
it wrong. It is therefore injurious to the cause
delusively encouraging to its enemies, and dis-