The Georgia journal. (Milledgeville, Ga.) 1809-1847, March 21, 1833, Image 2

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Newspaper Page Text•worn lo support, and let an unbiassed conscience render an impartial judgment. Really, Mr. Speaker, had it not been for the •ourco from which some of the suggestions em bodied in Uiis bill emanated—were it not tor the profound wisdom and transcendent talents of the authors and advocates of these propositions, it would be difficult to perceive how .there could be two opinions ns to their constitutionality—or rs iher, their unconstilntionality. Allow me to to vite the serious attention of gentlemen to the claus es in the Constitution, to which I hnve alluded. Thn first is, that “ all Julie), imposts, and exciser shall bo uniform throughout the United States. Now, will any gentleman contend—does any one believe, that the deduction of six perceu'. interest for cash payments, would be equivalent to the in dulgence allowed by the present credit system . Where is the importing merchant who will admit it? Where is the one who would consent ton change fiom credits to cash ditties on llics * terms ? As to llie merchant who resides in the interiors equi-distant from Charleston and Savannah, and who import, goods to each of those ports, paying the duties in caslq deducting thn interest, at tin- one, Rnd bonding under the existing la" 1 , at the ether, ask this importer whether he considers that he pays the same duties on cnrli of his cargoes, and w'hxt would bo his reply ? Von know lie would tell you there was an essential difference. There is an inquiry proposed in thn report of your Com mittee on the Judiciary on this subject, the answer to which would put this subject at rest If there bn no difference between the credit system mid cash payments, allowing n deduction of the inter est, why do you not abolish credits, nnd save tho Government the immense losses which it i t con stantly sustaining hv the failure of importers and | their sureties? Think too of tho great trouble to j winch you are frequently siihjoctou, in tin* sollnc- i tion of these custom house bonds—and then toil mo whether the present system would be continued j by Congress, it they could, without serious incoti- [ vcnionce to tho mercantile community,and, indeed,: without a severe pressure upon thn whole country, substitute cash payments, with the inconsiderable j deduction of six per cent ? If wo needed an additional argument, and one i which would place this point entirely beyond dis pute, the very terms in which tho proposition is expressed will furnish it. Tho duties aro to bo paid in cash deducting llie interest. Now, I nppi al | to the candor of gentlemen, nnd I wish “ the still \ small voice” which breathes the response, could In audible. 1 would ask every intelligent, man to tell i me, why this deduction of intorest is to lie allowed ? Have you any douht that this provision is intended for tho purpose of preserving that very uniformity required by tho Constitution, nnd thus obviating | thn constitutional difficulty ? Sir, if tho author of this suggestion wore asked, lie would tell you this was the object. If, then, tins deduotiou in not sufficient to equalize the cash and credit pay ment.*, is not the Constitution ns plainly violated us though no deduction at all was Hindu? I.et me now turn tho attention of tho House to the other clause nf the Constitution to which ullu- eion has heen nude. It is in the ninth section of the first article, and is in theso words; “ No pref erence shall bo given by any regulation id com merce or revenue to the ports of one Stole over those of another.” It will certainly not be neces sary to show that this hill provides a “ regulation ot revenue and yet this is not more plainly ap parent than that, by this “ regulation,” a very de cided preference will be given lo those ports where if shall not prevail, over those where it ahull bo en forced. Adopt this regulation in the ports of .South Carolina, and the languishing commerce of Savan nah would soon revive and flourish, while the ac tive and lucrative trade of Charleston would be ef fectually destroyed, and its great wealth and grow ing prosperity thus completely sacrificed. The only answer which has been given to these Constitutional objections, is that tho provisions of tho kill are general—applicable to all tho .Slates equally, and to none unless tho execution of the revenue laws is obstructed. Sir, this is scarcely a plausible subterfuge. What is tliu proposition?— That in cuso tho Taws are obstructed or resisted by a forco too powerful tu ba overcome in the or dinary way, tho President may order tho removal of the custom houses, and require the payment of tho duties in cash. Let us simplify liic proposi ti us power upon tho President, it may unquestion ably exerciso it itself—and if it can provide liic proposed remedy tor a future contingency, it may certainly apply the same remedy if tho emergen cy hud already occurred. Suppose then, that from ami after the first of February, sumo of the mer chant* of Charleston hud uvuiled thoruselvcs of the benefit of the nullifying laws, and had actually, by the aid of the Slate courts, succeeded in rescuing their goods from the custom house officers without fifing tlieqj bonds, or paying any duties—and this f.iet is reported by tho Collector to the Clovom- tnent. Here is the enso fairly presented—tho very state ol things against which you aro endeavoring to guard: your laws ure nullified, their execution resisted by u force acting under the authority of the State. Now, will any gentlest hi point mo to that ccmie of the Constitution which relieves you, even in such extreme cases ns these, from tho’ros- tric lions and prohibitions to which 1 have referred ? Sir, there is none. Those provisions of tho Con- etitulim! are plum and explicit— and cannot be evaded—turn which wuy you will, ami they stare you in tho face. Gentlemen may indeed, by in genious ami refined distinctions, silence their scru ples and persuado themselves into the support ot this bill—they only deceive themselves. It is ut terly vain to attempt to reconcile it with the Con stitution.; it is beyond tho rencli of argument; the contradiction is too plain ami palpable. Disguise it as you may ; resort to all tho arts of construc tion—but “ to this complexion it must come nl lust.” Ves, Mr. Speaker, the passage of this bill will be another deep (God grant it may not. bo a fatal) stab to this sacred instrument. And really 1 Imd hoped that its already mangled body would have protected it from further outrage. The condition to which your repeated attacks have reduced it, is sufficient, it might be supposed, to disarm even its most vindictive enemies. Let mo entreat you, then, to stay the uplifted arm, and withhold, it may be, the finishing blow. Sir, Imd 1 the power, like Mark Antony, “I would put a tongue m every wound” which your ill-judgod legislation has made, to implore your forbearance. To those around me, who have recently evinced so much steal in the cause of the Constitution, and affected so much anxiety to save it from sacrile gious hands, 1 particularly appeal. I especially invoke the aid of an honorable gentleman, (Mr. Vinton, of Ohio,) who, a few evenings ago, in tho fervency of his patriotism, was ready to see all our rivers running with blond, and this great confed eracy converted into one vast slaughter-house, rather than have ono tittle of tho Constitution ob literated by force. And, Sir, had I hut a small portion of that powerful and commanding elo quence, which l heard on a recent occasion,* in another place, in the anticipation of dangers to this sacred instrument, “calling on all the people to its rescue,” in a tone and manner which 1 can never forget, and which filled me with emotions too big for utterance: 1 re|>caL, Sir, did 1 possess a particle of this overpowering eloquence, I would call in loud strums, not upon “all the people,” but upon these, their representatives, in tins Imur of imminent peril, to come to the nid of tho Consti tution, and save it from the danger which threatens it from specious and subtle construction. For if it must fall, it matters little whether by the hand of violence, or by the unperceived and’undermin ing process of ingenious nnd plausible sophistry. 1 would indeed prefer the attack l>y open violence, because then wo could see the extent of the dan ger, and might prepare to encounter it. But, Mr. Speaker, the first section of this bill further provides that, to enable the collector more effectually to exact the payment of cash duties as proposed, he shall seize and detain all vessels and cnrgocs, until the duties are paid—and in llie ovenl •f an attempt to take such vessels or cargoes from the possession of the collector by any force, com bination, or assemblage of individuals, or by ony process, other than from a Churl of the United VAIMlaf to tU* «sml> sf Mr. w«bn«r, Is th* •*■»!*,«■ iki. process, km* 1 ^ Slates, tho President, or such person r.s lie shall empower for that purpose, may employ such part of the land nnd naval f wees, or militia of the United State*, ns mnv be necessary to prevent the removal of the vnnseU or cargoes from the pos session of tho officers of the custom*, &c. Sir, that pronencss to resist the exercise of all powers not delegated to us, of which the House Ims find some evidence, prompted me, when & pm- р. ,.jtion was made to confer power sq great, ond of such dnngerou* tendency, to consult airnin the charter under which we art. On examining with l prent care, 1 find in the Constitution, that 44 Con- pross shall have power to provide for calling forth the militia to execute the laws of tho Union, to j suppress insurrections, and repel invasions.” The i very object of the hill on your table, is to enable tho President “to execute thn laws.” Now I will j not say that, in extreme cases, when no other means could he available, Congress might not un der tho power Jo “ pns* all laws necessary” tu cnrrv the granted powers into effect, resort to the regular army nnd navy—but l will eoyi that the. very provision for culling forth the militia, shows very cjenrly, that in tho view of the framers of the Constitution, tho execution of tho laws, if milita ry force should he necessary, should he lelt to th** militia, tho yentnnnfv of lh° country. Our ances tors, in their difficulties with the mother country, had lnarm»d a lesson ns to thd enforcement of law* by the nid ol a Blinding nrmy, from which they; seemed to have profited ; and they confided tlns^ dangerous trust to those who were most deeply in- tarested in n faithful, hut mild execution ot the laws—the great body of the people. And upon the legal maxim, that 44 the inclusion of one is the exclusion of nil others,” tho provision for calling | forth tho militia to execute tho laws, excludes the idea that any other forco was contemplated for this purpose. That this was the view of thoso who were con cerned in tho formation of the Constitution, is plainly inferrable, from the tact that the first laws passed for the suppression of insurrections in nnd *95, wore entitled, acts “to provido for call ing forth the militia to oxocuto the laws of tlm Union, suppress insurrection, and repel invasion,” in the very words of tic constitutional provision. Hut, Mr. Speaker, f maintain, that the present attitude of South Carolina dor\s not furnish such n с. 1*0 ns contemplated by tho Constitution, where the laws are to he executed even by the militia.— There is no 44 insurrection” there, within the meaning of the Constitution—nor is there such a “ combination lo obstruct tho execution of the laws” ns contemplated by the nets of and *95. Whatever proceeding is had under tho ordinance of South Carolina, i* tho act of a sovereign State —it is the exercise of a sovereign power. Whe ther this right belongs to tho State, it is not neces sary, for the purpose of this argument, to inquire* She ciniius li, and has exorcised it, and any uct done under the authority of the State, will be pro tected by the State. To attempt, therefore, to re- obedience to your laws, will bo un attempt to po- duco individuals acting under this authority to rrco the State—it will he making war upon the State. And this power, as Htafeuin the report of the judiciary committee, arid ns all who have read the journal* of tlio federal convention know, was several times proponed to he given to Congress, j hut uniformly rejected. But, on thn point, I shall adhere to the course pursued by the committee. I will not he drawn into a discussion of tho right of thin Government to rnakp war upon one of the States. Par, fiir distant be tho day when such an inquiry shall become necessary. Kven admitting, howover, for tho sake of argu ment, the power in question to exist, I nsk the at tention of the House to a few considerations which should induce Congress to forbear the adoption of tho rigid measures proposed in this bill. And tho first, und most obvious, is, that, there is not the slightest necessity for it. Tho law providing fora modification of the tarilf, which passed this House a few day ago, nnd which had already received the sanction of tho Senate, has relieved uh from those alarming apprehensions, which wo have unhappily had too muchrenson to indulge, and will soon qui et the agitations of our distracted country. Sir, this law was, emphatically, a measure of compro mise : it was ho tendered on the ono side, und receiv ed on the other. it is tho bow of pence on the dark and angry clouds which have so long lowered, and with such tearful portent, on our southern hor- come again calm—and here Jet ns once more ub- Hembiu round the altar of our common country, ail hands united, nil hearts mingled—lot the sound of peace, peace, go forth from this hall, and its happy and healing Influence extend to tho remotest bor ders of tho republic. But it is moM by my colleague (Mr. Wits*,) and the MiigjjFstinn has inane by others, that we huvo no insurance that South Carolina wilt repeal her ordinance, or that hIiu will not nullify the UrilV law winch we now pass, as «l»o has those of ’28 and ’3*2. Sir, let us bo candid with ourselves on this «c r.iision. It is indeed possible, lliut this may he the case ; but does any one believe it will be f At the intercession of a Mister Slate, the convention by wliiuh this ordinance was passed, have been order ed to re-as’seoible ; and ills notorious that the ob ject of this re-assembling i* to suspend the opera tion of tho nullifying laws until the close of the next session of Congress. This, too, let it be re niembered, was done at a time when all li« po of a modification of the turitf bv this Congress had been nearly extinguished. With tliese facts before us, then, and with the still more striking fact lliut every j Senator and liepreseututive in Congress from South | Carolina has voted for this modification, 'where is | the man who can for a moment indulge a serious apprehension lliut that State will attempt to nrr«st| the operation of the law ? If there be a member of j this House who does really entertain ouch apprehen sions, 1 have Nome curiosity to know him. It will certainly entitle him to u distinction which lie should not lose the opportunity of acquiring, und I will, therefore, pause to see if there be one who will make the avowal. (Mr. F. here paused, but no gentleman rising, he proceeded.) As I expected— a dcath-like silence! No, sir, there is not nil intel ligent man here or elsewhere, who entertains a rea sonable doubt that South Carolina will not acquiesce in (lie compromise which ha* been effected. But, Mr. Speaker, it is further argued that unless we pnss tho bill now on your table, the modification of the Tariff will have the appearance of conces sion—a yielding to the demands of South Carolina —that it will seem as though the Genorul Govern- iiieul had been bullied into measures. At the same time, it is admitted that the complaints of llie South are just, and ought to he redressed. Sir, I have been mure thun imlonislied at the frequent repetition of this objection during this session. What Sir, is the legislation of the American Congress lobe gov erned anti regulated by such fastidiousness? How many a noble nnd gallant spirit lias met an untime ly fate under llie misguidance of these false notions of honor! refusing to make just reparation—to atone for an injury, because a challenge had been given ! Ami yet we, lo whose hands are confided in uu em inent degree, the destinies of fifteen millions of peo ple, are prepared to resign their high Si. important in terests—nay, to slake the very existence of the Ifnio upon this delusive idea ! Sir, how long before w shall be uble to sink the feelings of the man it; the no ble & elevated A enlarged views of llie statesman (ienliemen tell us, however, that by decisive measures on the port of the Federal Government, ail opposition lo its authority will be put down, amj the majesty of the laws vindicated. Iluw soon we forget the leaching* of history nnd experience!— What instructive lessons do they give us as to the consequences, in national as well as individual quarrels, of a course of menace on one hand and d fiance on the other ! Collisions and violence have scarcely ever failed lo he the result. But v told with a triumphant if not nn unfeeling nir, that it will he an easy matter to put down .Smith Caroli na ; that the President Iris assured um tlmt the laws shall be executed, nnd bis character is a vtilficient guarantee for the redemption of the pledge. All this may be very probable. From the accounts w« have of popular meetings, and the numerous offers of patriotic volunteer* to enlist in this glorious en terprise., you have certainly little cause lo doubt your success. But bow would you enjoy it, when purchased at the expense of the blood of your val ient and chivalrous southern brethren ? Who would rush madly on t*» crush even what some consider a rebellion, when the lives of hundreds of our own countrymen must be the cost ? Sir, 1 envy no man his feelings, wtio can either boast of such an anti cipated victory, or could exult in llie bloody achieve- But do you not run llio hazard of provoking the other Southern Slates lo lake part with South Caro lina? Much as they disapprove her course, the or igin of this controversy is common to ibom a??; there is an identity, of interest and nf oppression, which is rapidly producing an identity of feeling. Sir, are not th** present indications sufficient lo warn gentlemen ? Do not the unquiet einXtt and feverish excitement in many parts of lbs Southern country, admonish you of what may follow the first net of violenco ? Mir once kindla thi* f‘ re * n Hie South, and who shall extinguish it ? F.xcite the resent ment and passions of a gallant, high sprited people sod who shall control them ? Raise the tempest and who shall allay it, or calculate it* ravages? — Where is the master spirit that can “ride in the whirlwind and direct the storm ?” What hand shall chain the billows of the raging ocean ? Be lieve me, air, these nr* not the suggestions of an ex cited imagination. Violent and oppressive mean ores in other countries, have generally reunited in convulsions andqivil wars; and beware that you do not make the history of your own a mere transcript from their records. Titers are many pa*t occurrences, Mr. Speaker, lo which it is painful to adyerl ; yet I cannot con sent, on this account, to waive an advantage which one of that character affords A short rplroapect will bring to our recollection on event which will fully illustrate the argument I am now endeavoring to urge. The gentleman from North Carolina (Mr Car*on) yesterday referred you to the unpleasant controversy which existed in the year 1825, between the Genera! Government and the Slate of Georgia. That controversy, nnd many of its attendant circum- stnncra, are fresh ill my recollection. I well remem ber the unequal contest which, single handed and alone, we waged against this Government. We not only derived no aid from our sister States, but public opinion throughout the whole of them seem ed lo be ngaint-i us. This was indued, “fearful odds.' It was our good fortune, however, in this important crisis, to have at the head of our execu tive cooncils one of those choice spirits who seem designed for great occasions. With a firmness that never (altered, and*a resolution that no circumstan ces could shake, he took his stand upon the ramparts of State sovereignty and resolutely resisted every attempt on the part of the Federal Government to interfere in the just rights of the States. I ioallv. however, the Executive of the Union ventured lo Ihrenten us with military power. The appeal was instantaneous—it was an electric shock—the feelings which it produced spread from the Potomac to the Mississippi. Then it was that the_ sympathies ol our Carolina brethren, who had previously given us no countenance, were aroused in our behalf, and e ve ry northern breeze wafted to us the most cheering a arm ranees (hat if an attempt should be made to ex ecute (he threat which had been utlerred, we should not he left to contend alone against our gigantic ad versary. And can it he matter of wonder now, that Georgia should niumfusl n deep interest in the (, ‘ le of .South Carolina ? Can she no hood forget this us sympathy ? No Sir, she can never he un mindful of*tt, nor ungrateful lor it- Happily the difficulty was Adjusted, and tlm historian has not kow to record in letter it of blood the result of Hie mad experiment. ... But .Sir w« have evidence on this point of n still later date. What ha* hem. the effect of the Brest- dent s ri.cenijWnmal.nl., in which n resort to force was intimated What do gentlemen from hie south Irani from their privnlr letters > Wlmt do the n*.v*i>nnrrsi.ili.r.ii llM-m as "> the slate ..f r«olin(r which kill l.rrn thus |iluif.ly produced t Is it mil thus pIninly to hr foreseen tvh.it must he the result ot an nilmojjL lo Control ur subdue one of these Stairs by military notfer? ; . Itul. Mr. Spanker, I noi willing lo concede to our ijlversnries nil the advantage In the argument by llie vossihilitij which they allege—that Cnrulina may not repeal her ordinance. “ Wlmt then, «ay the gen tlemen, “ nro not I tie laws (o Ini enforced ? lo tins 1 answer, tlmt thn bill reported by the Judlcia- rv Committee, together with llie laws already enact ed. will enable tho civil authorities to make the ef fort And oven if it were certain that they would tail, it is lie Iter t lint tho President should he reduced to tlm necessity ofconveiling the new Congreirsto devise means for meeting the exigency, than lo proceed to new and violent measures. Kven though tho Fed eral Government has the power to crush South Car olina, it would he magnanimous to forbear. Be kind nnd indulgent to her waywardness give her no cause of further provocation ; but bring her hack by gen tle and omiUPialiiig means to the path of her duty. And who is there lltnt would hot prefer a triumph thus peaceably obtained, to one gained at the poin el' thn bayonet ? I am free to declare, howover, that even it these means should not succeed, and there were no modi fication of tho tariff, 1 would not,either now or here after, resort to militury force. 1 would much rather present to a State asauntitw tho altitude ot 8. Car olina, llie alternative of sthmireinn or secession. I cannot lor a moment tolerate the idea of subjecting one sf tliaaepiules to martini law—of governing any vine*. There is something Abhorrent to my feel- ingH in the suggestion of the Uure possibility that the trial tiy jury is to be •nrpeTsetlad by the sword.— In thu first inaugural addfess of Mr. Jefferson, the ablest production Hint ever came from his pen, (the Dedarati-en of Independence always excepted) lie expresses the opinion that 44 our* is the strongest Government on earth.” And why? 44 Because,” says he 44 it is the only Government where, at thu call of the law every man will fly to the standard of the law.” Ves sir, hern is your reliance for the execution of your laws—it is on your people ; and to make this reliance sure, your laws must ho so framed nnd ho administered as to obtum for the Gov ernment their affection and confidence. q'lniHe ure the sentiment* substantially expressed in an extract which I had occasion, a’short time since to read lo tho House from a speech of the late distinguished Mr. Bayard. 1 have now to ask the attention of gentlemen to another extract from the hi him speech, it will roquire no remark from me to point out its Application to the present crisis: in deed it is 1 so very appropriate, that I have procurred the printed volume which cotiluins it, lest, if i should quote from memory, I might subject myself to the suspicion of forgery. 1 will read but a single sentence. 44 Your Government ih in the hands of the people; it lias no force but what it derives- from them; nnd your enforcing laics (mark the expres sion) are dead letters, when they hare ertr Item nriven to resist your measures." Sir. I would that gentle men may hear and receive this as a voice from the tomb of the illustrious dead. But, Mr. Speaker, I have nn argument to urge against the main provisions of this bill, which ad dresses itself particularly lo those gentlemen who believe in the unconstitntinnnlity of the protective system. This bill ia intended to provide for the execution of tiie existing tariff laws, whether the proposed modification takes place or not,— which laws have been declared by nearly nil the southern Status to he unconstitutional. 'Fins 1 understood my colleague (Mr. NVaynk) to admit: if 1 am mis taken, lie will correct me. [Mr. WAYNE said, lie had expressly admitted the protective system to he unconstitutional.J I am glad that I did not misapprehend my col league. But it is difficult for me to conceive how We can maintain that the tarilf laws tire unconstitu tional, nnd vet provide the means fi»r enforcing them YVe are bound by our oaths, tfchy the most sacred of duties, to support the Constitution ; nnd yet we con tribute our aid in passing laws to violate ll * YVe are told, however, lliut tliese tarilf laws having been passed according to the forms of the Constitution, wo aro bound to provide the means of enforcing them. Sir. I am loo little of a political casuist to lecture on the morality of these principles. This subject l shall leave lo gentlemen who are not only more able, hut more disposed to discuss it. For myself, I cannot feel tliese constitutional or ninrni •bligntious prompting me to aid in the execution of unconstitutional lawn. 1 am aware sir, that a south ern man, acknowledging these obligations, nnd act- iugnccordingly, <ViU receive the commendation nnd applause nf those who are interested. If tinder llie influence of these principle^ we should nid our tn- ntr brethren in carrying their protective^ laws into execution, they would, in turn, compliment us open our generosity and liberal views. They might well do s ». These complimentary speeches like all oth ers, cost nothing—whatever profit is made by them, therefore, is clear gain. There is no safer invest ment than that of compliments—for there is no cap ital required, und there is no hazard, except that of losing a character tor sincerity—a very trivial consid eration, when compared with the profits of the spec ulation. I hope I Hiall not be considered on exlubi- • any tbi like indifference to the good t pinm to my political adversaries. Far from it. No man ap preciates more highly or reciprocates more cordial ly their feelings of kindness nnd personal esteem— but I should be unworthy of those feelings if I were capable of bartering away my principles and the interests of tny constituents to conciliate them. I come now Mr. Speaker, to the consideration of of that part of the bill before you, which provides lor removing to the Untied States courts, any suit or prosecution commenced in u Stale Court, against n revenue officer, lor an act done in the discharge of his duty, ns prescribed by law. That some amend ments of the existing laws in coses of ibis kind, arc necessary, I candidly admit. YY here an officer is sued in a Stale court, for an set required by a law of the United Slates, it is a case 41 arising under the laws of thu United yuitt,' - one of the very cases to winch the judicial power of the United Sutes ui»- i worthy vaunting, when tiic most able of our op-1 tier th* Constitution extend*. The exercise ot tin* ponents, has borfle testimony lo the truth of tin* I jurisdiction, ilseems loyir for m&pv reasons, "Udkt fact. . to be provided for ; and tliat provision is mode in It is greatly to be regretted, with a single view (lie liili reported to tlie House, by llie Committee on .... . — tlm Jiulici.irv. But when it is proposed to estenrl this provision lo criminslprosecutions, I cannot ns- sent to it. It is SII ntlempt to give lo the federal judiciary, cngizance of criminal cases, where a Mate ,, p .rt v, f..r which llmre is no warrant in tlm Con stitution Having .n two former occasions in this House, e.t pres, not repent thn (erring gentle! isnn, in the Vi plicit exception lo the this point, I shall -hut content inyselT with re- lio aide arciiment nf Mr. M id- report of MW, nnd to the ex- exercise of tins power in the ratifications of the Constitution by the convention, nf New York and Rhode Island. I should, indeed, exhibit a specimen of singular inconsistency to vote f.r this provision, nffer haying so repeatedly de nounced the oxerercise of tlm power by the federal tribunals ns unauthorised—and 1 should be record- ino nt tlm a line time, a mo«t severe sentence ngaiiist the public nutimriliee of the Stele of Geor- gin, wlm have not only expressly denounced the power hut openly refused submission to it. Sir, were I* now to concede this jurisdiction to tlm feeler, nl court.*, I should expect the ghost of tile ill-tateu Tux**!* to haunt the dneam* nl* the midnight hour, and to hear his 44 blood crying from the ground” against the people of iny Stale. *"l have much more to say on this important subject Mr. Speaker, but at this late hour, nfter Hie polite and attentive hearing with which 1 have heen hon ored, I cannot so much abuse the patience nf the House. n« to trespan* much longer upon it. 1 wa» particular!v desirous of adverting to those law which mv colleague (Mr. YVavnk) referred to n precedents for this bill ; but a slight notice qf th most prominent of them must suffice. Sir. it is not the least of the alarming considerations which at tend too introduction and advocacy ol this bill, that the defence of its most objectionable parts is touuded on precedent. My colleague tell* u* that tno pro- vision for clothing the President with the whole land and naval force of the Union, is borrowed from a law pasted in the 44 democratic administration of Mr. .lefierson ” But does my colleage see no dif- ference between measures for national defence against foreign powers, and those for internal gov ernment ? The law to which lie alludes, was passed for the purpose of enforcing the embargo, which, il not itself n new measure, was of a defensive charac ter, and intended to operate upon England and France, both of which had committed serious do- predations on our commerce. And is it not matter of history that the discontents of the eastern peo- pie at theso restrictive measures, were such that Mr. Jefferson himself yielded lo their repeal ? And yet this is the precedent which we are to adopt in confi ding to the President powers to bo exerted in a controversy between the Federal Government nnd one of the .States of the Union. Sir, I repeat that this is the very circumstance which give* me the deepest concern. By this act you e*tahlish «oine most alarming principles, and it i* to he a standing precedent upon your statute book. Home gentle- men are tin*, more willing to confer these powers,on account of their confidence in the individual who is to exercise them. Now, 1 nm quite sure that I have as much confidence in General Jackson, as I shall have in any one who may succeed him ; nor do l apprehend any danger to the country from the exercise of these extraordinary power* by him; I do not believe there will be any necessity for his executing them at nil; hut they are powers which I would vest in no man living. There is not a worse rule in legislation than that of framing laws with nn eye to tho individual by whom they are to be exe cuted. It were always better to frame them under thu idea that they were to be administered by offi c:ers who would abuse their powers if they could.— heave as little to official discretion as possible.— Who does not perceive the danger to which the countiy and its liberties might be exposed under the administration of soma daring and ambitious tyrant, clothed with the authority conferred by this bill ?— And should such an ono unfortunately reach the Executive chair, &. desire this authority, lie will only have to recur to 44 the democratic administration of Mr. Jefferson,” nnd 44 the democratic administra tion” of General Jackson, and there aro precedents for as iiiuah power as lie can wield. Mr. Spenker, my ear/lest affections were to the Union of these Htat<*S R n d my latest aspirations shall be for its continuance, nnd for the preservation of our pres ent form of Government to be administered in the spirit and on llie principles which gave birth to both. It is therefore, that I look with watchful jeal ousy on any measure-calculated to change its char acter. Such is tho feelings with which T regard the bill you are about to pass. Its tendency is to a mili-' tnry despotism, nnd improbable ns it may seem to many, this may be its ultimate termination. Hhouid this be the nielancholly renult, I call this House to witness, that at the first step on this downward march, I have not failed to raise a warning mice against it. NriiIIi Carolina Convention. From the Columbia Telescope, of March 12. Tho Convention met yesterday, nnd when or ganized, General Hamilton, llie President address ed them as follows. Gknti.f.mf.n—In exercising tho power of call- in <; you together, w hicli you worn pleased to plncc in my hands at your adjournment, 1 havo both re gretted and been sensible of tho inconvenience to which I must have subjected many of you in be in'' compelled to leave your homes at a season so essential to the success of the agricultural labors of tlm whole year. It must however havo been manifest to you from the nature of the proceedings of this body al its former meeting, that its resem bling after the adjournment of Congress, was an event of highly probable occurrence. Before how- ever this necessity wns demonstrated,I was of ficially apprized by tno Governor of South Caroli na, on the 5th February, of the arrival of n com missioner on tho part of the State of Virginia, bearing certain resolutions adopted by the General Assembly of that State, respectfully soliciting of this State, a suspension or rescinding of the ordi nance of her convention until tlm adjournment of the next session of Congress. These resolutions were accompanied by nn application on the part of the gentleman in this commission that this Con vention should bo convened nt nil early moment.— Tho high source from which this mediation eman- ted, the friendly dispositions by which it wns obvi ously dictated, borne too and advocated by n gen tleman so long nnd so advantageously known us among the most able and devoted champions of the rights of llie States, left mo by what 1 wns quite sure would he your own decision ; no other alter native (if my own inclinations had been wanting) than a compliance with the wishes of that distin guisliod Commonwealth as communicated by her worthy Representative. As I was however per fectly satisfied that no decision on the propositions of which he wns the Bearer could be nmde prior to the adjournment of Congress, the geriod of your assembling lias been arranged to meet both contin gencies' You hnve thus assembled, gentlemen, and the proposed mediation ofVirginia is met concurrently by the passage of an act by the Congress of the U- inled Siiites, modifying the tariff of the 14tli ofju- iy last, and by an set entitled “ nn act “ more ef fectually tn provide for the execution of the Reve nue Laws.” In bringing both those laws to your view, and invoking your mature consideration of their pro visions and objects, it would not become me to make Hiiy suggestions as to the course it believes yon to pursue in reference to these measures. Ifthe first is not iii all respects satisfactory, as corning up to Hint measure of justice, to which the South lind a fair claim and is liable tn some important ob jections, it nevertheless, provides for the com mencement of an early, though gradual ameliora tion of that system, ngninst which we have so long complained, and for an ulterior recognition of to the harmony and repose of tho country, that this adjustment should be accompanied by the other measure to which I have invited your attention. If we could regard the uct, which provides by its title, “ for « more effectual execution of the revenue laws, but which, in factj provides for tlis coercion of n sovereign State in this Union, as nn empty defiance got up ns a mere salvo for tlie wounded pride, or to gratify a worse passion nfjlio Executive, wc might permit it silently to pass by, with that reprobation with which, not posterity alone, but ntan early moment, n contemporary age, will visit it, standing impolontly as it will stand, a dead letter, nn our Statute Rook ; but as a mere precident engrafted jou our Laws, it is of the mmtt serious and potentious importvtlirnishing, ns it does, the most unequivocal evidence, tlmt ns fur ns the authority of low extends (independently tlinnks be to (God of the spirit of a free people by a sin gle act of legislation, the diameter of our Govern ment is changed, & a military despotism placed at the disposal of the executive, when lie shall deter mine in his own discretion, that a fit exigency has arisen for its exorcise. The broad usurpation in this law of the right on the part of Congress to coerce a Sovereign State in this Union, when this power wns solemnly witheld by tho Convention that formed tho Constitution, the utter annihilation of our judiciary in cases clearly within their ex clusive jurisdiction, nnd ihc still more revolting cir cumstance that in obeying the laws of their own Slate, and executing the mandates of their own Courts, the lives of our citizens are placed at the the mercy of the standing forces of the Union, nil concur to present an epoch in the public liberty of tho country, which ought not to bo allowed to pass without your aniinudversatinn. And you will per mit me further to remark, whether tho adjustment of tho Tariff he deemed satisfactory or not, that mucii remains for you to do, in making of constilu tional record in an enduring form those great con servative principles, which have born us yet though this contest, to say nothing of the necessity of providing those securities which may in all future time, command the fealty and obedience, of those who receive the protection of our laws. You will now I trust, allow me to refer to a mat ter which is personal to myself. The distinguish ed stntion I now occupy, 1 owe to the accidental circumstance of my having been the Chief Magis trate of this State, when the Convention first as sembled. Another Individual now on this floor fills that post. 1 feel that i am not alone paying a proper deference to nn established and valuable prece dent, hut a just homage to superior personal clnims more eminent qualifications, when 1 signify in thn presence of this Convention, that it is my purpose, nfter the reading oftlie correspondence I now com municate, between the Commissioner from Virgin ia, and tho public authorities of this State, to resign this sent. In making this declaration,permit me to super- ndd to it my unfeigned acknowledgements for your past, kindness nnd confidence, and my fervent prayer, that the God of all morcy nnd truth may so order and govern our proceedings, that they may redound to the liberty, peace, ami happiness of our Country. General Hamilton accordingly resigned his of fice of President of the Convention, and his Ex cellency R. Y. Ilayne, Governor of tho State was elected his stend. On this first day of its sitting, the Convention of conrse did uo more then to organize itself for busi ness. Two or three days hence wc will publish an extra paper giving its proceedings. Tho Committee appointed to determine the time and placo for the ro-asseinbling of the Union Con vention, taking into consideration the late passage of n Tariff Bill, which has been regarded as a con ciliatory measure by both parties, and the assuran ces given by the leading politicians from this State, that its adoption would prove satisfactory to the Convention, now in session at Columbia: not doubting that the pledge given by them will be honorobly redeemed by that body, rejoicing in the prospect of returning peace, nnd desirous of re moving, as fur as depends upon them, all further cause of agitation in the State ; hereby give no tice, that the sacrifice, which the attendance upon the Union Convention in this city, on the 18th day of this month, would impose upon their fellow citi zens, is no longer regarded as necessary, nnd the meeting of said Convention is hereby postponed.— The Committee hog leave to assure their fellow citizons ot the Union and State Rights Party, that if, contrary to all reasonable expectation's, new acts of tyranny by the dominant party in the Stale, should call for united opposition from the friends of the Union, the Convention shall he promptly convoked in order lo take such measures ns the ex igency may demand to vindicate the rights of the people. _ J. R. POINSETT J. L. I’ETIGRU. D. E.HUGER. R. J. MANNING. ROUT. CUNNINGHAM Sttflonrnjii, Wlmt IsIUmuh muj) oMmsjr lire.*—-^CowpVf' " simiedgevllle, .Flvrrr/t21, i § 33 nT We receive frequent application, A. fnemis for the Into Rules of Court. There h h°" r no re-pfinUff Uk.».. Rules fur three year. we are informed they writ flaw in the lire., »i t miHtn. * 1 \,' V f ««* .fr*qn*'“ n.lir.le, in the paper, ftf „ Northern cities, mentioning the snrtrfen i■ disappearance of individuals of both sexes nous ages : some nf them persons of resoect.u’ standing. Canll bo possible that we have so a * Imported from England Dial most infernal of all i,"" rna»» uccujiiitiuqs—RiiriHnrr ? nu ' One or our new counlhn, seem, tn l,e in a hoi>er„l way;n genllerntm ot high-respectability H,, re ' t'l IIS that, “ The Federal & Indian parti,, united this connly. and succeeded in electing their oflieJ Throe of the Justice, of the lnferinf't:„nrt w' dial! wives. The Sheriff refused to take the oath nl support Die laws ond Constitution of Georgia era leave the Stale, lie was seen [or run] a nnm’her of tunes by-the Guard, bui they could never eel Lot of him. Having such n sheriff and .iich'a C tracked by llie missionaries, we may reasonably C i peel many and serious ditBcwtties. Ths j&eriir snvs he 1 goes the whole nmniint for the India.,,, ' And I nmcrodibly informed that the Missioiiariw nro more unmeasured ill their abuse of Georgia t|, sn LOSS OF THE WILLIAM DRAYTON! Our fenrs in regnrd to the packet ship I I'm, Dray ton, Capt. Sutton, are fully realized. Three of her passengers arrived here by land, on Saturday, and from them wo learn the following .particulars ol her loss : She sailed from New-Nork on Thursday 21st ult., nnd about 11 o’clock on Sunday night following (tho 24lli) when running under close reofod top-sails, the wind blowing hard at N W. and in tho act of heaving tho lead, she struck upon the South ond of Roddies’ Island, near New Inlet, in Currituck county N. C. The rudder was knock ed oft', which rendered the vessel unmanageable, and ult efforts to get her off by hacking the top, sail, providing to he unavailing, her main and tnizen masts were cut away, nnd she lay in that situation until tho next morning, the sea breaking over her in such n manner as lo render it difficult to keep the deck. During the night she commenced leak ing, nnd by 8 o’clock in the morning the water was over tho Cabin floor—about 2 o’clock, p. m. however, the wind having abated, they succeeded in getting out the long boat, when the passengers, with their baggage, were landed in safety, Finding all ef forts to save tho vessel unavailing. Capt. Sutton next directed his attention to tho saving of the Specie on board, (about 100,000 dollars) belonging to the U. S. Bank ; and with the assistance of his crew &. one oftlie passengers, Mr. Win. C. Gate- wood, of this city, who continued with the Captain, they succeeded, in the course of the two following days, in landing it and placing it in the house of one of the most respectable residents in in the neighborhood. By this time, several wreck ers had arrived, and in the course of four or five days, up to the time when our informants left, they had succeeded in landing about one third of tlm cargo of dry goods, hut little damaged, and their exertions were contfhned to save wlmt they could of the remainder ; which would be much injured, however, as the ship was then nearly full of water. The goods saved are to be sold on the Beach on the Kith insh Messrs, Gatewood, Hub be i. i. ami Solomons, Who were passengers on board, renched here on' Saturday, in tlm Stage from Elizabeth City—the three remaining passengers, Messrs. ConniEL Steele and Todd, were left nt that place. They all concur in tlm opinion, that the loss oftlie Sliii is not to he attributed to nnv nogl •—■6 1 > — ;■ ■ ..— 3 ......... ... j .. ..... ... U. any negligence or want the constitutional principles upon which our rights I ot Htteulmn on the part of Cupt. Sutton or his of to rest. In forming your estimate, I fleers, (who were all on deck at tlm time she struckl , whatever may be its intrinsic value, j but to some unaccountable error in the compasses you will not ho insensible to tlm fuel, that is a com-1 which led them to suppose Hint they wu-e far o- promiso of extremo vexations and conflicting in- j nough from tlm const to clear Cape ilntteras in lerests made in the spirit ot peace, os an offering! the course they were steering. To the coolness'& to the concord ond tranquility of our common j self-possession of Cnpt. Sutton and his officers country. In such a spirit our Representatives in I after the shin struck, the passengers consider tlioiu- Congress voted lor it, and in such a spirit must we j selves ms mainly indebted for the preservation of consider it, whatever may be our final decision on their lives, and of that portion of tho valuable the measure. This adjustment, however, comes property mi hoard which was saved Mr Gate to 11S, at least with tins compensation ffir the jus- wood states tlmt the crew oftlie sliiudesevrowm tico which It yet withholds that all that has hem, credit for the prompt manner ia which tiiey sfcon- beneficlaly accomplished by it tor tho country, is ded tho exertions of Capt. 8 and his officers in to be attributed to the action ot tins Convention, I securing the money and goods-furnishinn- an’ex" and the energy decision, and love of liberty, ot ample of ready cbedienej and complete lihordi- that people, by whom our proceedings have been! tn,UoD eminently worthy of imitation sustained. \\ e may surely say tins without an mi- i Charleston Courier CAPE DF. VERDE SUFFERERS.—The mlltee to receive contributions for these I'amishin launders, dispatched the I,rig Emma on the Ihth Nov. with a cargo of previsions : Tho nffimtina count of her arrival we published' in our last b o the 2litli Dec. they shipped another cargo in th!! brig Forest ; ami there being yet a surpltu, t |““ are nuking further collections to add to it tin ailolh/ cargo. The whole amount of money and pro»i«j„ n . received hv the committee was $10,572, of wi.j-u $5,202 73 els. wns contributed in llit city of Phil." delphia alone, not including the Liberties See. F.rlrael of a Letter from a gentleman in Texas to one of the Editors nf tho Georgia Journal, dated Ber- nailo, Jiostins Colony, Eeb. 4th, 1H33. ’ “ Our Government is still unsettled, and. the colo nists ure divided in their opinions of wlut cuurie we ought to adopt. The major port nre for a con vention nn the 1st of April, to form a Stale Comti- tulion, which wilL be done, 1 have but little duubt ” THE STATUS QUO-As tho clouds of the last year’s tempest ure clearing nway, we are dis posed to take an observation, to ascertain some thing of the latitude of the ship of State, nnd to notice the bearings nl the prominent points around us. The cause of republican government, we find lias gained ground ; it now stands better assured’ to ourselve;, nnd vindicated to the, world. The great regulating, controlling conservative princi ple found in that settled love of the Union and a due appreciation of its importance lias inter posed its powerful office, to stay the storm and bring both extremes to a pause. What next 1 '— We lind an officer at the head of tho government who has very recently been placed there, by ac clamation ; but lie is said to have since proved re creant to the principles that won the confidence of tho republicans of this country, and gone over to tho Federal Consolidationists. If this be so it is plain his friends cannot follow him. If Washing ton himself wns to return, they would not support such doctrines in his person. They must remain where they are. Thoy must buckle their armour the firmer on ; and though it might he in a lean minority, they must stand firm as of thu old time, and fight out the good light to the end, whether it he in the high places of their recent ascendency, or upon the bleak field ot opposition. If Jackson has in truth, taken the left hand path, we must bid him adieu ; not indeed with, those maledictions nnd revilings Jwhich nre unworthy of ourselves ; but with a recollection of the good he 1ms done, and with a deep regret that such a patriot Jias so stray ed and fallen. But ought wc to pronounce a has ty sentence against an old friend ? Ought we rashly to cost him off nnd so force him, and with him, the administration of the government into the hands of tho Federalists ? The government must be carried on by somebody, and our Eastern neighbors will cheerfully undertake that labor if wo think proper to devolve it on them. It seems to us, that Andrew Jackson, of all men in the world, is that one who ought to bo judged by his meusurcs. We all know he is a plain, straight onward' practical man, but nothing like so keen scented a logician ns his predecessor, Mr. Adams. Tho recent events nre now in onr histo ry. Wc may very well suppose, that such a per son when placed in a conjuncture admitted to be ns niomentousj and urgent us it wus new, would natnrnllv be looking, ruther to what was then to be done, than to refinements of argument for or against any particular mode of doing it. Now if wo look to the sentiment and feeling Hint runs through tho Proclamation, we must see that his devotion and habitual promptitude to duty stands out as its prominent nnd distinguishing feature.— This general pervading tone wo think belongs to Andrew Jackson; but the doctrinol dialectic parts smack of otiior hand*. Theso portions were to he sure, admitted into it by him; but probably without (weighing them in Mr. Adams’ golden scales, nnd without tliat lair searching scru tiny o( their ultiirinto bearings that they would have received from Mr. Madison. We liuvo nev er had any great confidence ?u Jackson’s polemics. When lie took the Barnncas, he considered Flori da, nnd so set it down in an official letter written nt. the timo, ns n conquered province. Now that single predicate fully carried out, would have won derfully abridged our controversies, by cashiering both houses of Congress, the Executive, Judiciary and all. It pould readily have been built up into a bhuutilnl specimine of concentrated consolidation of the power of peace and war, and the right of jurisdiction and territory itself in tho breast 5 of a commanding General in the field. It wns certain ly u wido mistake; but wlmt then? Did tho American people fasten on this speculative ab straction, and lift nnd loom it aloft to contradict a life ot constant action? Not nt all. They saw that ho hod indeed made a wrong stitch in his ar gument; but they saw too t .at Hie general wobb of liis conduct was of right good cloth. They did not want n professor of logic, but n president to administer tho Executive branch of tho gov ernment. They wanted ono who thought the South should be relieved ; nnd who hold that the Union should he preserved by and through the preservation of the rights of the States. The re publican part of this Union has always judged Jackson by Ins acts, and not by his syllogisms; and they should continue to do so in justice to him, and in justice to themselves. We will not dis guise tho pain we felt nt the rank smell of consol idation that wo found in some folds of the Procla mation, hut were slow to believe that the author had taken his degrees in the high School of Ham iltonian Federalism. We have all along thought that Geoxgia, of all the States, should lie slow to ungcr on this occa sion. Jackson lias been her steady and fast friend throughout her whole struggle; a struggle that involved her integrity, nnd very being ns a State, lie has stood by her at his own liazzaril, thruugh good und through lind report, and lias, so for, seen nor through tho night of her troubles; and lias now invited a Cherokee delegation to Washington, we understand, in the hope of at last obtaining a ces sion. Captiously to leave him now is not to be thought of. Bui lie is said to have left us. This should he looked into, and if his grunt expositor, his conduct proves it to be so, then let the State take her lasting leave of him with the dignity of sorrow and regret, nnd not even then with the vir ulence of vindictive spite. His inaugural speech is now before the public, and is what every Slate's right republican must approve. He soys, “There are two objects which especially de serve the attention of the people and their Re|” rcsentalives, and which have been, und will C" M * tin no to he the subjects of my increasing solici tude. They aro the preservation of the rights of the several States, and the integrity of the Union.

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, March 21, 1833, Image 2