Newspaper Page Text
1 _ _
L Mlfxi mummi rr~> fit
rr: r-r*- — ■
GOV, McDUFFIE’S MESSAGE.
Executive Depahtmest, )
November 28, 1836. $
Fellow Citizens of the Senate, and of
the Home of Bopresentutives i
(continued.)
I herewith communicate a copy of an
Act of the Congress of the United Stales,
{froviding.that the surplus revenue which
shall be in the federal treasury on the first
day of January next, shall be distributed
among die States of the confederacy in
certain specified proportions, to be depos
ited in their respective treasuries, with
out bearing interest, until the fiscal wants
of the federal goverritpent shall render if
necessary that the States should refund it.
1 also communion to a letter from the
Secretary of the Treasury of the United
Slates, desiring to bo informed at the ear
liest practicable period, what disposition
ho shall make of that portion of this fund,
which shall fall to the share of South Car
olina. As it appropriately devolves upon
you to determine what that disposition shall
be, I have delayed answering this inquiry,
until you shall have given mo the neces
sary authority. It may bo important,
therefore, that you should act upon the
subject with as little delay ns possible,
and it does not appear to be one which
requires much deliberation. None cer
tainly can be required to decide upon (ho
expediency of receiving the money. Wo
find a large surplus revenue accumulated
in the federal treasury, which has been
unconstitutionally levied upon tho'produc
tions of our own industry, by a system of
oppressive taxation enacted in opposition
to onr solemn protestations, and attemp
ted to be enforced by the military pow
er of the United States. The money is
there without any agency of ours, and the
art of distribution involves the question,
whether it shall remain deposited in cer
tain banks, to constitute a part of their
banking capital, or be transferred to (ho
treasuries ot the respective States, for (ho
uso of the people to whom it appropriate
ly belongs, and from whom it should
never have been taken ? It is impossible
to doubt on such a question. But while
the justice and necessity of this measure
o( distribution, arc equally obvious, under
the existing circumstances, let it not bo
disguised that no proceeding can ho more
absolutely total to the interests of the ex
porting States, than that of habitually rais
ing revenue by duties on imports, lor the
purpose ofdistrihuting it among (ho Stales.
It is to bo hoped, therefore, that this haz
ardous, hut necessary measure, will not
continue a single day beyond the necessity
which gave ri-o to it ; but that the federal
treasury will he reduced within constitu
tional dimensions, by the regular process
ot reducing the duties, ns soon ns this can
Ire done consistently with the plighted
fci'h °f Congress, implied in tho act of
As to (lm disposition which it may ba
expedient for (ho (State to make of this
find, it appears to mo, that regarding it
as a deposite, tho obvious course will he
to place it in tho Bank of tho Stale, which
is practically the treasury of tho State.
It will there he used like all other depos
its, as a portion of tho capital of tho bank
for the time being, and will justify mi ex
tension ol its operations, in proportion to
the amount and probable continuance of
the deposite. Ifyou should concur in this
view of the subject, it will bo proper that
you should confer a special authority on
the President or Cashier of the Bank of
(ho State of South Carolina, to receive
the sums that shall bo payable under the
aforesaid act of Congress, and to sign tho
obligations and acknowledgments (heroin
prescribed, pledging the faith of tho Slato
to refund tho money on tho requisition of
the Secretary of the federal treasury. It
will, then, bo only necessary to request
this latter officer to place (he sums to w hich
the State may be entitled, as they suc
cessively fall due, in the Bank, and to the
credit of tho State of South Carolina. *'
I lay before you, in compliance with the
request of the President of tho Conven
tion which assembled at Knoxville, on the
4th of July Inst, to consider tho subject of
a Kail Road between Louisville and Cin
cinnati and the city of Charleston, a copy
of the proceedings of that body.
In one ol the resolutions which you will
find among those proceedings, mi appeal
is made to tho Legislature of tho States
through which the proposed Bail Road is
intended to pass, for liberal appropriations
from (heir public treasuries in support of
this great work.
An entcrpri/,0 so gigantic in its nature
and extent, and so magnificent in its pro
mised results to tho prosperity of South
Carolina, pre-eminently deserves, nnd will
doubtless receive your favourable consul
oration. If successfully conducted to its
final accomplishment, it will boa monu
ment worthy of the age, and of which the
greatest empire might justly be proud.
It will produce tho greatest revolution
in commerce ever effected by an artificial
channel of communication, and not less
important than that which was produced
by the discovery of the passage round the
Cape of Good Hope. With other causes,
now fortunately co-operating, it will ena
ble Charleston to reclaim tier lost advan
tages. and to become tho Emporium of
the vast and increasing foreign commerce
which is founded upon tho agricultural
productions of the South Atlantic and
Western States. Nor will the advanta
ges of this change he confined to Char
leston. Every part of tho Stale w ill en
joy its due proportion of them. A flour-
commercial emporium, like the
heart in the animal economy, diffuses life,
energy, and health, through (he whole
system. It is the City of Now York,
communicating with the world by the o
cc»n, and with the interior by her numer
ous channels, natural and artificial, that
imparts wealth nnd prosperity to the remo
test extremities of that great State. Make
Charleston the New York of tho South,
and corresponding advantages will result,
not only to (he interior of this State, but
to tho entire region connected with that
city by the ties of commercial intcrcousrc.
Within a certain sphere, according io a
well known principle of political economy,
the benefits of Commerce cannot be local
ized. Its beneficent effects are essential
ly diffusive. If these views are just, and
were properly impressed upon the minds
<4 our fellow citcions, they would (end
greatly to do away that local spirit, which,
by seeking to accomplish mere local pur
poses, might embarrass tha progress, nnd
mar the symmetry of the noble structure
we are about erecting.
I. have too firm a reliance upon (he pa
triotic spirit of our citizens, to believe
these narrow and mislaken view* will bo
% ■
permitted to sway the councils by which
it is to bo planned and erected. It is too
mighty an undertaking, will involve too
p great an expenditure, and is destined to
encounter too close a competition, to al
low any sacrifice to be made to such views,
, without exposing the whole enterprise to
imminent hazard. That route which is
i decidedly (he best, within the limits of the
1 charter, if there be such a route, should tin
I doubtrdly bo adopted. As a citizen of
i (he State, without reference to any local
. position, I sincerely hope that the central
. route may be found to have that unequivocal
, claim to preference. I even think it should
I be adopted, unless some other mute shall
appear to have a decided superiority over
. it: But lam sure that no public spirited
1 citizen, anxious for tho success of the
. work; no stockholder, reasonably regardful
, ofhis own internet, will bo disposed to go
, farther.— lo insure success in scaling
. these mountain barriers winch have so
, long made strangers of kindred commtini-
I ties—an achievement surpassing in sub
, limily all that Xerxes, and Hannibal and
- Buonaparte ever accomplished—united
t councils are indispensably necessary. The
■, only mode ol effecting this desirable re
( suit will be to have nil tho proposed routes
i and mountain passes actually surveyed by
. scientific engineers before any comparison
j is attempted.—W hen this is done, it is
, extremely probable that tho preferable
) route will be so clearly indicated, as to sn
, pcrcedc nil doubt on the subject.
- Bow fiir it may be expedient for the
f stale to aid in the prosecution and com
, plclion of this work, by subscribing to tho
. stock of tho company which has been in
. corporatud, I think the thro has not yet
, come for deciding. Tho charter has al
} ready been saved by cur public spirited
( lollowcitizen Colonel Wade Hampton,
. who being one of tho central commission
r era at Knoxville, subscribed the whole sum
5 which appeared from the return# then re
, ceived, to he wanting to make up the four
. millions. Until tho route shall bo defini-
I lively selected, and active operations coni*
j monccd, tho emergency docs not seem to
, call upon tho Slates interested, to embark
. in the work as stockholders. Moreover,
. there are some considerations growing out
j of tho mode of constituting tho Board of
, Directors, prescribed by the charter, as a
. mended by Kentucky, nnd the relative
. sums subscribed in the different Slates,
, which render it a measure of obvious pru
dence on (he part of Soutli-Carolina,either
. lo procure a modification of tho charter be
fore she subscribes, or to make a condi
tional subscription.
Iho act ol incorporation passed by this
State, provided that three of the twenty
i lutir directors should Id! chosen from qua
i fihed stockholders, residing in each of the
I Suites of North Carolina, South Carolina,
f Tennessee, Kentucky, and Ohio, and that
nine should be t-hoson indifferently from
all (ho stockholders. The amendment in
terpolated by Kentucky, provides that six
ol the directors shall he chosen from stock
holders residing in that Stale, while only
three shall be chosen from each of the oth
er States, leaving but six to be chosen in
differently from all tho Stockholders. This
very exceptionable claim of undue power,
on the part ot Kentucky, becomes abso
, fi'tely revolting when we advert to the
• fact, tlint (ho entire subscription in that
Stale amounts to less than f 300,000, and
that no one person there has subscribed
a sufficient number of shares to quality
• him to ho chosen a director. In this slate
of things, n Board of Directors cannot ho
organized; and if it could,"Kentucky, with
less than n twentieth part of the Stock,
, would wield one fourth part of the power
i of the Company. On tho contrary, South
f Carolina owning five sixths of the Stock,
I could iu no event have more than nine
Directors. 1 can perceive no equitable
principle upon which the Stockholders of
live sixths ol the Stock in South Carolina,
i shall have only nine Directors, while the
holders of one sixth of the Stock out of S.
, Carolina, shall have (iffoen. This is cer
tainly an unprecedented anomaly in tho
, organization ol corporate powers, nnd 1
r think the people of South Carolina have
. boon sufficiently admonished, by bitter ex
perience, of the fatal consequences of hav
ing their interest controlled by u foreign
and irresponsible power, to make them
I very cautious in placing the power on one
, fide, while tho interest to bo affected by
, it is on the other.
. It wo looktothc questions that will pro
f hably arise, at the very commencement of
(he proposed work, the danger of this se
, partition ol power and responsibility will
.he obvious. Upon every principle, tho
, road should commence at Charleston, and
I proceed continuously on towards its Wcs
. torn termination, at least until tho money
, contributed in South Carolina shall ho o\-
. pended. And yet it will be in tho power
, ol directors out of (ho Slate, (o reverse the
operation, and expend tho whole sum sub
, scribed by the citizens of (his Slate, in
I Kentucky, where so small a sum has been
j subscribed.
I This pretension to unequal power on
. the part ol Kentucky, becomes still more
intolerable when wo advert to the causes
, that gave rise to it. By tho Charter as
, passed by this State, and all the others e\-
f cept Kentucky, the Road was to run from
. Charleston to Cincinnati. The clause in-
I tcrpolated by Kentucky, requires that the
I company at tho same time that they curry
, the Road from the Cumberland Mountain
. to Cincinnati, shall carry a branch to Lou
isville. It also requires that a branch
• shall be carried troni Lexington to Mays
; Vl,le - The company are thus required to
construct two branches, making together
. some 150 miles of Rail Road obviously a
gainst their own interest, and merely lo
, accommodate two towns in Kentucky;
, and lo secure the performance of these
most unreasonable conditions, they are
moreover required to give Kentucky three
directors gratuitously.
There is no prnc'icnl views of the sub
ject that can make it the interest of the
company, or the great public concerned in
the contemplated work, to cover Kentucky
with Kail Roads for the privilege of pas
sing ill rough the Stale.
If tho Road goes to the Ohio River,
some one point on that river should be
selected. This will command nearly nil
the trade, that would be commanded by
i the three that are proposed. If eitlier Cin
cinnati or Louisville should he selected, it
will insure ns much Commerce as the
Road w ill probably bo able to convey.
And as Ohio has contributed almost noth
ing to (he stock of the company, it would
be much (he wiser course to carry' the i
Road directly to Louisville, leaving Cin- i
cinnati out of (he scheme altogether, if a :
Louisville branch is tho only considers- (
lion upon which we can obtain the privi-!
lege, of passing through Kentucky. There
is another alternative, preferable, in iny j
opinion, even lo this. It is to make the i
mouth of the Nolcchucky, the Western;
termination of the Road, which according
to (ho estimates, yvould reduce tho cost of
it from twelve to five millions of dollars ;
while it would still yield to North Caroli
na, Tennessee, and South Carolina, a very
large portion of tho advantages that would
result from tho completion of the original j
scheme. Tho work lo this extent could
be almost completed with tho stock alrea
dy subscribed, and would be clearly with
in tho mdans of these three Slates. A
nourishing town yvould spring up at the
Western termination of tho Road, whom
ever that might bo,whether at Nolcchucky,
Ashville, or even at the North-western
border of our own State, which would at
tract to the Road a great portion of the
Western trade, probably as much as it
could convey,
1 have suggested these vicyvs, because
I believe that South Carolina will be re
strained not loss by a sense of self respect,
than by a just regard for her own interest,
from subscribing any thing to (he stock of
the "Louisville, Cincinnati and Charles
ton Rail Road Company,” so long ns its
Charter shall contain the highly objec
tionable provisions to which I have allu
ded.
As it now seems evident that the prin
cipal part of the funds by which the Road
is to be constructed, will have to be con
tributed by .South Carolina, we must lake
care that the control of those funds shall
not pass into other hands, nnd that the
scale of operations be not disproportioned
to the means of effecting them. And it is
gratifying to perceive that so much can be
done by North Carolina, Tennessee and
South Carolina alone, even if it should be
found necessary lo act without tho con
currence or co-operation of Ohio or Ken
tucky.
A scheme has been suggested, as you
orp doubtless aware, of conferring upon
this Rail Road Company tho privilege -of
Banking. I have given to this project tho
moat deliberate and anxious considera
tion, and have boon brought to a very de
cided conviction, that it would be a mea
sure pregnant with danger to our general
system of credit and currency, and in nil
respects inexpedient. Our,bnnking system
has already been carried to the extremes!
limit which prudence nnd sound policy
will justify, and we have but too many in
dications that our local currency, in com
mon yvith (ho general currency of the Uni
ted Slates, is warn (ho eve of that fatal
career of deprßiation, of which wo had
such melancholy experience during, and
for some time after, the late war with
Great Britain. Nor are the reasons for
indulging those gloomy apprehensions at
all weakened hy the common allegation,
that more good paper is offered to the ex
isting Banks than they are able to dis
count. In 181(5 when the county was
almost literally flooded with a redundant
currency, this allegation was habitually
made, and with ns much truth ns it is now.
Ot the spirit of hanking and borrowing,
it may bo said with inure philosophy than
poetry, that it is a monster which derives
* increase of appetite from what it feeds
on.’ Iho very act of throwing out ex
cessive issues of bank paper, l>y depreciat
ing the value of current money, creates,
to the lull extent of that depreciation, an
increased desire and necessity for borrow
ing, because an increased quantity of
money becomes necessary to effect the
exchanges of society. The constant and
progressive appreciation of all kinds of
properly, which is but another from of ex
pressing a depreciated cuironcy—gives
moreover a universal stimulus to the spirit
of overtrading. During this downward
progression every man finds it to ho his
interest to borrow money and purchase
property, because money will he less val
uable mid more easily obtained when the
day of payment comps, than it was when
ho obtained tho loan; the price of property,
in the meantime, rising in proportion.
Tho trading community, and indeed
almost all classes of society, becomes in
toxicated with the spirit of gambling spec
ulation in stocks, in land, and in every
thing else, nnd continue to move on under
this high pressure system, until awakened
from their delirium by an explosion,when he
may bo deemed singularly fortunate who
escapes unhurt from the general wreck.
No state of things can bo more unfavora
ble to the regular pursues of honest in
dustry, more corrupting to tho public
morals, or finally more destructive to the
prosperity of an agricultural community,
fu tho final catastrophe in which it must
inevitably terminate, properly becomes
depreciated, money becomes more diffi
cult to obtain, and in this state of things,
all those who arc indebted lo tho banks,
have to sacrifice their property to dis
charge their obligations. And in the
scene of general ruin which follows, the
hanks alone flourish amidst the distress
mul bankruptcy of the great body of the
people. It is devoutly to bo hoped that
the spirit of slock-jobbing, will not spread
from New-Yoik and Albany, to Charles
ton and Columbia; and above all, that the
system of mutual bribery—w hich has pro
duced such fearful and demoralizing results
in other quarters, will never pollute the
sanctuary of our legislation.
A very strong, if not a conclusive reason
against giving banking privileges to the
Rail Road Company, will be found in the
fact, that tho capital of the bank of the
State of South Carolina, will be increased
during tho ensuing year to the extent of
something like a million and a half of dol
lars, by the sum which will be deposited
in that bank from tho Treasury of the
United States. This will enable" it to in
crease its discount operations at least to
the same extent, and will certainly supply
all the additional wants of the community
for banking accommodations, beyond what
can be supplied by tho existing bank cap
ital. And as the profits of the Bank of
the (Mato redound to the benefit of the
people at large, it would be very unwise
to diminish these profits at tha present
conjuncture, by th§ grant of banking pri
vileges lo a company of individual stock
holders ; even if this could bo safely done
upon sound banking principles.
It is not easy to perceive upon what
plan this rail road company can be trans
formed into a banking corporation, con
sistently with its original purpose. It is
certain that the same capital cannot per
form two incompatible functions. It can
not be paid out nnd expended in construct
ing the rail road, and at tha same time
remain in the bank to redeem its paper.
Such an attempt as this would inevitably
[ end in a mere paper bank, as it would be !
: utterly impossible that it could redeem its !
j bills on demand. If to obviate this ohjec-1
I lion it should be proposed to have a sep-;
; nrate and distinct capital to sustain tho op- (
: orations of the bank, the plan would still j
r bo liable to very strong objections. It |
II would bo substantially forming the same
| body of persons into two distinct corpora
’ j lions, essentially different in their character
hand objects, and requiring entirely differ-
I out qualifications for tho conduct of their
I affairs.
It is not reasonable to suppose that this
confusion of purposes and complication of
duties, would facilitate or expedite the
! completion of the undertaking for which
the company was organized. On the con
, trary, there is too much ground to appre
i bend that this noble enterprise would bo
• degraded into a mere concern of spccula
■ tion and stock-jobbing. When it is rccol
-1 looted that the Charier of this Company
positively prohibits it from all banking
operations, it is lo bo presumed that some
■ very cogent reasons will bo required to
, induce you to repeal that prohibition.
. Tho only reason entitled to consider
s ntion, which has been suggested, is the
• effect of this banking privilege in sc
> curing tho requsite subscription x>f stock.
• But it is now apparent, that as far as we
■ can see our way clear for making tho road,
the means are already secured, - if wo add
■ to the stock already subscribed, the sub-
I scription which the legislature will doubt
■ less authorise to be made in the name of
i the State, at the proper time.
I 1 will remark finally, on this subject,
i that tho constitution of tho directory, as
tho charter now stands, would be a con
! elusive objection, on the part of the South
> Carolina stockholders, to the granting of
I banking privileges to the Corporation, = un
i der its present organization.
(to be concluded.)
**♦& © itsw
From the Savannah Georgian, C(/< inti.
Lain nnd Important from Florida.
- By the steamboat Florida, Capt. Heb
bard, arrived yesterday morning, we re
ceived the Jacksonville Courer, of the
Ist hist.
The following was handed us by the
Officer of the Army ;
Left Black Creek for (lie Witldacoo
' chee and arrived on tho 12th ofNovem
! firr. On the Isth a part crossed under
command of Col. Pierce, but did not find
the enemy, they however struck a heavy
trail, and followed it. On the I7th they
had a small skirmish without any loss.
The Tennessee Brigade under the im
mediate command of Gov. Call, were left
to operate on the West side of the river.
Late in the evening of the 12th tho 2d
Regt. Tennessee Volunteers crossed the
river at the Negroes Town—took one ne
gro prisoner, from whom much valuable
imformation was received, and then burnt
the town, consisting of 100 houses.
On the IGth, moved for the VVahoo
Swamp, whither the Indians had gone,
as stated by the negro; at two oMock,
burnt another town of 30 houses. At
this time an express arrived stating that
some of the rear was cutoff. The Bri
gade halted and a detachment went back
eight miles, which was done in one hour.
On entering Old Camp several Indians
were discovereti,
escaped. Return-]
ed to our encampment and remained the
night.
On the 17th, marched at about 2P.
M., came to the Panasoka Swamp, where
(he Indians were discovered jerking beef;
we attacked and fought 45 minutes, when
they retreated, leaving 18 dead. Our .
loss was 1 killed and 5 wounded. We !
continued to inarch for G miles and en- j
camped for‘the night. A picket was ,
placed for protection. Next morning,
the 18rh, 450 of the brigade was detailed 1
to rcconnoitcr. On arriving at the picket I
guard, they took a trail anil followed it
6 miles into the Wahoo Swamp, water \
up to (he waist. At I o’clock, came up
to the enemy supposed to number 4 or ‘
500, and fought them for two hours and *
a half, driving them from every position, J
and killing fifteen—we lost three killed '
and seven wounded. On the morning s
of the 19th we fired a signal gun which
was answered by Col. Pierce, which at ]
the time we supposed was General Jes
up.—A detachment was sent out on the ,
answer being given, and found the Col.
advancing rapidly. He arrived late in 1
the evening and encamped near the Mas- (
sacre Ground of Major Dade, about a
quarter of a mile from our camp, where
they rested one day. ,
On the morning" of the 2d we amiin ‘
marched for the \\ ahoo Swamp, with
about 1500 men, including the friendly !
Indians. At abimt.ll o’clock we arrived
at the battle ground of the 18th, and .
found them ready for the fight a°-ain. As
soon as our men‘were formed tlmy com- '
men ceil the yell, and on our arriving •
within firing distance the signal gun for '
action was discharged, which was imme- '
(•lately followed by a heavy fire from the '
hostile#. The order was then given for
a charge into the Hammock, and a more
brilliant display of cool bravery never ]
was evinced by any troops.
They marched in line under a heavy
fire, driving the enemy from every posi- '
tion, until they crossed a small s*tream, ]
when we returned their fire ; but in con
sequence of the lateness of the hour, and !
scarcity of ammunition and provision, '
we were compelled to leave them, anil !
returned to camp, about 9 o’clock at
night. In (bis action fifteen Indians and '
four Negroes were found in the edge of
(he Hammock, but we supposed from :
signs across the stream we killed a m-eat
number, but from the habit of earn ing 1
oft their wounded, nothing certain can be
told.—Wo had seven Regulars killed,
one Tennesseean, four Indians, incliul- !
ing Major Moniac, who was shot iii the es- '
fort to cross the stream above mention- •
ed—wounded Capt. Maitland, of the re- ‘
gulars, Capt. Ross, of the marines, in
command of a company of Indians. The ‘
light lasted upwards of 5 hours from (he !
time the first gun was fired until we re- *
tired. On the 22d ; we took up the line *
of march for Volusia being out of provis- (
ions anil ammunition, where wc arrived on
the night of the 27th much fatigued and t
broken down. The Tenneesseeans will I
soon be discharged and move sos their [
homes; but previous to that time they c
are determined to have another fracas a‘t t
the Wahoo Swamp, where the whole of b
the troops will be .in a short time.
A detachment of 200 Indians and 50 c
regulars left for Topkalaga or Philipslown. ’J
Gen. Jcsup has not been heard from,
and Lieut. Johnson has been sent express r
after him. J
| GEORGIA LEGISLATURE.
Correapondenre of the Canatilutioualiaf.
Mili.edgeville, Dec. 5.
The House rejected a bill authorizing
| §30,000 to be raised by lottery, for the
! erection of a Masonic Hall at Columbus.
Mr. Jenkins introduced a bill to in
! crease the capital stock of the Meehan
| ics Dank at Augusta.
Mr. Miller introduced a bill for the
! incorporation at Augusta of “The Citi
zens Bank.” The capital to be §500,-
000; the shares be put at auction, and
the surplus to be paid to the State as a
bonus.
The Senate rejected this morning the
bill prohibiting the circulation of bank
j bills under §2O.
The House ordered this morning the
bill and amendments ottered to it, appro
priating §50,000 for the endowment of the
Georgia Female College at Macon, to be
laid upon the table the remainder of the
session.
In a few daviFthcfate of all the bank
bills, rail road bills, surplus revenue,in
ternal improvement by the State, will
come up for debate and final action.
Milledgeville, Dec. 6.
In the Senate, yesterday, the Gover
nor transmitted the following communi
cation from Judge Shly, of the Middle
Circuit.
Richmond Hill, Dec. I, 1836.
In obedience to the requisitions of the
Penal Code of this State, I now proceed
to point out some defects in the same as
appear to me require amendment bv the
Legislature. The first is in the mode of
selecting or empannelling Juries for the
trial of offences against the State, which
are inferior to penitentiary punishment.
As the law now :s, all such cases have
to be tried by such Petit Jury as may
happen to be in either box. The objec
tion to this mode is, that it frequently
happens that persons may be on the Jury
who have strong prejudices for or against
the prisoner, and it as frequently hap
pens, that it is not in the power of the state
or the prisoner to make the same appear.
The consequence is that the case has to
proceed before a Jury, all of whom do
not stand indifferent to the state or the de
fendant. The remedy which I resoect
fully suggest, is, that there be in all'such
cases twenty four Petit Jurors empan
nel led, neither of whom shall be related
either by affinity or consanguinity to the
prosecutor or defendant; that from this
list the state to strike the first, the
defendant to strike the next, and s;>
continue striking, alternately, until
twelve remain, which shall be a compe
tent Jury to try the case; by which means
a more impartial Jury may be selected.
I have submitted the foregoing views
to the Grand Juries of the counties of
Washington, Montgomery, Tattnall. E
manuel, Scriven, Jefferson and Burke;
all of whom concur in opinion with me,
(hat the alteration above stated ought to
be made,and have, by their presentments,
recommended the same to the legislature.
There is also another portion of the
code which provides for the punishment
of adultery and fornication. As the law
now is, it only provides for those offen
ces which are committed by one white
person with another. But to my great
mortification, I am compelled to report
several cases in my circuit which have
been brought before me, in which white
women have been charged with commit
ting fornication and adultery with negro
men.pn some of (he cases having children
by them. Finding no law to punish such
a ease, I had to discharge them. If such
a course of conduct is permitted, we shall
have a race of colored people having all
the rights of the mother, as our law de
clares that the issue shall follow the con
dition of the mother, and in process of
time, 1 fear our race may be considered
as not of the whitest hue. It is for the
legislature to say whether such con- 1
duct shall be longer tolerated, and what 1
shall be the penalties incurred in such 1
cases. 1 would here respectfully sug- 1
gest, that nothing short of withdrawing i
such persons from society, and incarce
rating them within the four walls of the
Penitentiary, can effectually put an end
to such pernicious practices!
The foregoing defects in the Penal
Code appear (o me to require amendment,
and they are therefore submitted for the
consideration of the legislature.
JOHN SHLY,
Judge Sup. Cts. Mid. Dist. Ga.
In the House, yesterday, Mr. Day, the
Speaker, being absent, Mr. D. M. Burns
was elected Speaker pro tern. A bill
was introduced to incorporate the Miners
Bank at Dahlohnegn.
In the House, yesterday afternoon, the
bill from the senate, organizing the
court of errors, was read the second time;
alter which a motion was made to make
it the order of the day for the Ist of June
next. The motion was negatived, yeas
55, yeas 75.
The House was principally engaged
this morning in the discussion of the bill
providing for the construction, by the
slate, of a railroad from the Tennessee
line. The debate is to be continued this
morning. This is one of the most im
portant bills before the Legislature. Its
(ate is doubtful, so many plans have
bean proposed fur the disposition of the
Surplus revenue. I hope there will be
spirit enough among a majority of she
members, to accept the plan proposed in
the bill.
A bill passed the Senate this mornin",
amending (he charter of the Columbus
Insurance Company. The capital is in
crea»ed to one million of dollars, but no
banking privilege is granted.
A bill passed the Senate, also, incorpo
rating the Bank of Brunswick, with bank- 1
ing and insurance privileges. The eapi- '
(al stock is to be 8200,000, but to be in
creased to 81,000,000, as soon as the '
Brunswick and Altamaha Canal shall be '
completed, and to be 3.000.000, as soon i
as the Brunswick and Florida Rail Road <
shall be completed, from Brunswick to 1
the Apalachicola river. On the passage 1
of this bill the yeas were 56, nays 11. ° j
A bill passed the Senate, also.toamend ■
the charter of the Insurance Bank of Co- '
1 umbus. By this amendment the com- 1
pany has power to transfer the principal 1
office to Savannah. |C7* Savannahjwill .
then have two Insurance companies, with i
banking privileges.
A bill passed the Senate, also, to in- <
corporate tne Savannah Insurance and 1
Trust Company. i
And a bill passed the Senate, to incor- ,
poratc the Augusta and Savannah Steam
Boat Company.
Milledgeville, Dec. 7.
In tlie Senate, this morning, the bill from
the House to Incorporate the Merchants
Insurance and Trust Company of Macon,
was taken up, and amended by providing
for tlie incorporation of the Chattahoochee
Insurance and Trust Company, to be lo
cated at Columbus. The bill as amend
ed, was read a second time. A bill was
introduced to incorporate the owners of
the People’s Line of Stages, The report
and resolutions respecting a geological
survey of the State, were taken up, and
after a short debate, the following resolu
tions were adopted, yeas 53, nays 25.
Resolved, That his excellency the Go
vernor, or his successor in office, be, and
he is hereby, authorized to employ, as
soon as convenient, one or more suitable
and well qualified persons, to undertake
tho work of a careful and scientific geolo
gical survey of all the counties in Geor
gia, under is direction and advice.
And be it further resolved, that tlie
sum of two thousand dollars, ought to be
appropriated for that purpose, subject to
the warrant of the Executive, out of any
moneys in the Treasury not otherwise
appropriated, and said sum be inserted
in th® appropriation act of this year.
And be it further resolved, That (he
Geologist so appointed, shall keep an of
-1 fice at the seat of government, where he
shall preserve, for the use of the state, the
various specimens connected with this
: survey, and shall remain at the seat of
government during the greater part of
1 the session of tlie legislature. He shall
make an annual report of the progress of
the work to the Governor, and at the ter
■ miration of his survey he shall prepare
1 from his journals and reporta consolida
• ted report for publication, to be handed
; to the Governor, and the copy right se
cured to the state, and he shall besides
■ make returns, semi-annually, to the Go
' vernor.
The necessity of such a survey is so
apparent, that 1 was surprised at the re
solutions notbeing adopted by an unani
mous vote. I was well pleased with the
■ short remarks made upon the subject by
Messrs. Reese, Williams and McAllister.
1 if a majority of the members of the House
arc desirous to promote thejiest interests
ol the state, they will concur with the
Senate in the passing of the above reso
• lutions.
AUCTSTA:
SATURDAY, DECEMBER loTlsSC^
i ~/ ' ' ■ —■■■ ■*—~T
"Be just, and fear not,"
HEALTH OP CHARLESTON.
The Charleston Board of Health reports tho
deaths of twelve persona in that city, during the
week ending on the 4th instant—s whites, and
7 blacks.
UNITED STATES SENATOR.
Tho Hon. Wm. C. PnzsToy, was ro-olocted
by the Legislature of South Carolina, on the 3rd
instant, to represent that Stale in tho Senate of
tho United States, for six years from the 4th of
March next.
ELECTORAL COLLEGE OF GEORGIA.
The Milledgeville correspondent of the Con
stitutionalist, under date of the 7th instant, says:
“ The elcclors of President and Vice President
of tho United States, met in the Senate chamber
this day at 10 o’clock, as an electoral college.
The votes of Georgia, cloven in number, were
given to Hoon L. White, for President, and
deny Tiler for Vice President, of tho United
States.”
HICKORY JOHN VS. TIME.
Tho time for running this match, is to ho se
lected by the hackers of the horse, between now
and tho first day of January, giving 34 hours no
tice. The wager is SSOOO, and more has been
hot upon tho result. Ho is to run two four mile
heals in an average of 7m 53a. Tho race to
come oIT over tho Lafayette course. At this time
the horse is lame ; his friends think that he will
recover in a few days, and that lie will ho prepa
red to make tho trial about the 27th inat. should
the ground he in good order. The forfeit up is
§3OOO. Wo understand that his friends arc
willing to hack him still further.— Constitution - 1
alist of Thursday,
VOLUNTEER COMPANIES.
It will he seen by reference to the following ar- ,
tide, extracted from tho Georgia Journal, that a
very malarial change in the duties of those com
panics is proposed to tho Legislature. With- |
out presuming to judge for others, wo fool assured ;
that this change will by no means suit the convent- ,
cnee, or meet tho approbation, of those in this city. ,
Our volunteer corps arc composed almost entirely j
ot young men of business, who have such engage
ments as would render it impracticable, without ,
great inconvenience, and injury, both to them- ]
selves and others, and to the business of the place, ,
to comply with the provisions of the bill proposed,
which, including the prohahlo limo required in j
marching to and from camp, would take them .
away from the city for perhaps eight or ten days j
at a time. Unable to comply with this, most of £
them would bo compelled to such s
corps entirely, which would consequently be bro- s
ken up, and the city deprived of them. This f
would be a serious injury to tho city, for reasons r
which it is unnecessary to mention ; and to pro- i
vent it, if the bill should bo likely to pass, we i
trust our County Representatives will exert them- 1
selves to so amend it, as to exempt the city of Au- t
gusta from its provisions. t
The latter proposition, to compel ail General I
Officers to attend tho annual reviews, is a good t
one, and we hope will be adopted. «
From the Georgia Journal. i
“ A bill has been reported to the House of Re- c
prcsenlalivcs, by Mr. Meriwether, for the cncour- \
agomeut of Volunteer companies. It proposes an
organization ofsuch companies, into Battalions, 1
Regiments, Brigades and Divisions, separate and *
distinct from the organization of the millitia, as 1
at present made. They are exempted from the ;
annual reviews, and other military parades, now
required by law, and in lieu of this service, are re- *
quired to parade as independent companies, at a
least four times a year, and as much oftener as t
their bye-laws may proscribe; and to assemble
annually, at some central place, either of the Bat-
talion or Regiment, for inspection drill and re-
view, and to perform at such time, not less
than four days camp duty, at which the General d
officer, or Colonel commanding, shall bo present
and assume the command. ’ t
In consideration of five years of such service ti
the members of such companies, arc exempted f,
homany farther service during time of peace
Each company of Infantry, js required to consist 11
of at Icasty fifty privates, and each troop of Caval- ft
ry, of at least forty privates. The restriction as ai
to enlisting every eleventh man is repealed.
Another proposition has been submitted to the T
House, by the same gentleman, to compel all bl
general officers to attend the annual reviews of ▼<
the militia. It is not to be disguised, that one w
great source of the inattention now paid, to ths
militia reviews, by privates, and subaltern offi
cers, is the example set by those officers, in omit
ting to attend them. If the two propositions
should be ingrafted on our militia system, by
which an esprit de corps may be created, it is
hoped, that the continual complaints of “ our bad
system, may be permanently removed.”
THE ABOLITIONISTS.
These restless, reckless fanatics arc still push
ing their desperate measures onward with in
creased and increasing energy, utterly regardless
of the peace, and safely, and institutions of the
country. The following notice of them is from
the New England Spectator, a Boston paper;
. tnli-Slavery .Movements.— The plans and
operations of tho American Anti-Slavery Society
have never been more extensive than at the pre
sent moment.—Lewis Tappan and R. G. Wil
liams have met the friends of the cause in the
city, and made highly interesting and important
statements.
1. They have now in the 'field or prepared to
enter, fifty agents. Those are soon all to meet
in Now York city, to receive suggestions from
Mr. Wcldc, who has the general control of the
agencies, to devise plans for occupying the coun
try, and to receive instructions as to their fields
and plans of labor.
2. Two missionaries are to he sent out to the
West Indies, to ascertain facts respecting the re
sults of British emancipation, &c.
3. Rev. Dr. Beman is to go on a mission to
Europe.
3. The publications of the Society shall bo
sustained. Now about 13,000 of the monthlies
are circulated.”
The New York papers also slate that the Abo*
litionists are preparing for another onset—that all’
their leaders and agents have been in secret con
clave in that city for nearly a fortnight—that when
tlieir plans are matured, about fifty agents and
emissaries arc to go forth with them in every di
reotion—and that “ Mr. Birncy of Ohio, advi
ses them to a general crusade of agitation, and
assures them he has reason to believe that the
moment the whole North arc united on this sub
ject, the Southern people will emancipate their
slaves.”—Amidst all this, the Southern people
remain almost indifferent, and do nothing to con
vince them and the Northern people to the con
trary. Why don't the Legislature make a sol
emn declaration of our determination to adhere
to our institutions, regardless of all consequen
ces, and to withdraw from the Union, if Con
gress abolishes slavery in the District of Colum
bia 1 This, and this only, can rouse tho people
of the North to a proper sense of the necessity
of exertions against tho Abolitionists, to preserve
tho Union.
As it is probable a large number of tho fifty
emissaries abovomentioned, will come to the
South, the Southern people should keep them
selves always vigilantly on tho look out for them
ABOLITION IN VERMONT.
It will be seen by the following Resolutions,
adopted by the Legislature of Vermont, that
the mad spirit of Abolition and fanaticism Is so
far increasing at the North as to have carried the
outrageous declaration, in one of its Legislatures,
that neither Congress or the Slates have any
right to prevent the Abolitionists from exciting
sedition among our negroes through tho mails—
and that Congress has the right to abolish slave
ry in the District of Columbia.
“ Resolved , by the General Assembly of tho
State of Vermont, that neither Congress, nor tho
State Governments, have any constitutional tight
to abridge the free expression of opinion, or tho
transmission of them through the medium of tho
public mails.
dissolved. That Congress do possess the power
to abolish Slavery in tho District of Columbia.”
There, people of the South ! what think you
of that 1 Do you think it indicates that tho Abo
litionists are few and feeble, and unwoithy of
your consideration, cither as to numbers or res
pectability I Is not this precisely what wo have
predicted, for years, and been abused and de
nounced for warning you against I You are
here told, unequivocally, by tho Legislature of a
Slate, that Congress has the right to abolish sla
very in tho District; and when they have effected
that, you will be told that it has the right to abol
ish it in the States. And you arc also told that
you have no right to prevent tho Abolitionists
from appealing to your slaves through the mails,
and of course are bound to abstain from all efforts
to defend yourselves, your lives, your property,
and the honor and chastity of your wives and
daughters, while those hell-hounds nro exciting
your domestics against them, and to lay waste
your country with fire and sword ! Can any
impudence or insolence exceed this T Surely '
not. And what does it become your duty to do
in (he matter I —remain silent, indifferent, and in
active, and abide the dreadful consequences of
the coming storm—or, appealing at once to the
interests of these fanatics, and those among them
whose duty it is to oppose them, to declare, thro’
your Legislature, now in session, that the aboli
tion of slavery in tho District will absolve youfrom
all obligations or ties to the Union, and require
you instantly to withdraw from it, whenever
such measure shall be consummated 1 Such a
declaration, promptly made, by all or several of tho
Southern States, would, we solemnly believe, if
anything now can, not only stop the progress of tho
abolitionists, but save the Union from that disso
lution which must inevitably soon ensue, if their
alarming increase and exertions continue long un
stayed. There are men enough at the North,
still, if their energies were properly aroused, who
fully understand tho value of tho Union, and ’
would make proper efforts to save it, if aroused
in time to a sense of its imminent danger; but,
deluded by our apathy, and their own fallacious
hopes, and aversion to exertion, they will neglect
to put forth their strength till it shall he wholly
too late to render it effectual. Remember, all,
that tho power and responsibility of preserving
the Union does not rest with us,but with those who
are driving us to the absolute necessity of with
drawing from it, however much wo may depre
cate so fearful and calamitous an extremity; but
by timely, judicious, and decided measures, we
may do much to save ourselves from that ex
tremity, by arousing our apathetic friends at the
Nerth to a sense of the necessity of prompt and
immediate action. Our Legislature should do
this at once, and shew to them and the world, the
actual poaition we occupy, and the necessity of
their immediately exerting themselves to stop the
progress and exertions of the Abolitionists, if
they wish to preserve the Union.
Good God! what a painful, what a degra
ding spectacle our country exhibits ! With insti
tutions that inspire the regard of ourselves, and
the hope of liberty throughout the world, we re
fuse, from one end of tho country to the other, to
sake the slightest possible exertion to save them
From the madness and fury of a few desperate
md reckless fanatics ! We talk, and talk, and
calk, of our love for the Union ; yet, while tho
fiaziag torch of the incendiary flashes in our
rcry faces, and his footsteps press rapidly «m
--vard to tho sacred temple, we still only talk I