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vji. 1 1 w’it’ “■ t 1 •Bsmrmammm —
AN ACT
TO INCORPORATE 1 H K I'I.AXTI !t’s BANK OF
THE iTATK 01 GEORGIA.
Sc* - . 1. UK it enacted by the Senate am!
House of Representatives of the State oS Geor
gia, in general a .sembU met, .and it is hereby
enacted by tlie a .thorny of the same, That a
bank shall be established at Savannah, the ca
pital stock v hereof shall la; one million of dol
lars, divided into ten thousand share , ol one
hundred dollars each; but the directors, or a
majority of them, may, at any time after the
establishment of the said bank, increase the said
stock to any amount not exceeding three milli
ons of dollars ; and that subscriptions towards I
constituting the said bank, shall, on the tirst day {
es February r.evt, be. opened at the city of Sa
vannah, under the superiiitcndancc of Charles
Hart •is, William Ik Bulloch and George Scott, I
commissioners br two thousand four hundred
shares At the city of Augusta, under the vj
jteriotind -nc.c o) Thomas Gumming, John Cat
lett and freeman Walker, for e!e” en hundred
shares—A* Columbia com t-iiou ■, under the
Miperintcndar.cc of Gary Davis, V. illiam Lowe
and Thudcu* Beil, for two hundred and fifty
fcharet—At the town of Washington, in Wilkes
< mnty, under the superintend nice of Felix H.
Gilbert, James Corbet and Dr. Gilbert Hay,
1 >r one thousand shares—At Athens, under the
superintendanre of William Malone. Hope Hull
and Stephen Thomas, for live hundred shares
—At Da-itu under the superintend.ince of
James Nephew, Norman M'Donuhl and VV'm.
Dunham, comm': sinners lor eight hundred
shares—At Lexington, under the superintend
anoc of Holomon A. Hopkins, Thomas W. Cobb
and Robert Freeman, for four hundred shares—
At Petersburgh, under the superintendar.ee of
Le Roy Pope, Thomas Bibb and John Watkins,
for six hundred shares—At Greensborooyn, un
der the superintcndance of George Clmgam,
Thomas W. Grimes and James Cunningham,
for two hundred shares—At MiltcdgeviUc, un
der the superintendance of Zuchariah Lamar,
A M. Dtvereu:: and Jett Thomas, for five hun
dred shares—At the town of Sparta, under the
superintendence* of John Lucas, James H. Jones
and Oliver Skinner, for five hundred shares—
At St. Mary’s, under the superintend nice of
Henry Sadler, John Ross and David G. Jones,
for five hundred shares—At Tattnall court
house, under the superintcndance of James
Ferry, ?4artin Harden and John I*. Blackman, 1
for fifty shares—At Brunswick, umr ,■ the su-j
perintewl ant e of Leighton Wilson, S. Barnett f
snd James H unilton, for two hundred shares— ,
At Jacksonbormigh, under the superintendam e J
of William Blair, George Williamson and Tim- j
inas Branan, for one hundred shares—At n.iu
i ville, under the Miptrintendance of Da id
M-C >rmictv, Walter Robinson and Dr. John ‘
Pov.’elk for two hundred shares—At Waynes- j
bo’v.ugh, a i ler the siiperinteadance of Alex- |
coder Carter, Samuel .‘sturges and William j
j ‘rijuhart, for two hundred shares. And a ina- j
i ir.tv of the ‘.aid c in miss loners, at the places i
p, ,v it'cv oivd r .pectively, shall be suifi- *
co at ,0 perform the dnt.es of their appointment, {
v f"h sulia riptni:. sii it] continue open until
tin- whole of tin lid .tack shall have been sub
scribed for; and that it shall be lawful for any
person, heiur a citizen of the United States,
i ‘ i t*-s w*Wn ■*%.-iV*
or sr> many shi res as he, sue or they shall thinx
fi', not i xcecding fiftv. Provided always, ‘Chat
if tin s i.vl capd il st. ck shall not he tilled up m
six months after the commissioners herein ap
pointed shall open their nooks for subscriptions
tor that purpose, that then, and in that CUoe,
fitly per-.o', i, co-partnership or ImkL politic, be
ing citizens ns afores nd, may subscribe for such
cr so many shares, as h •, she or they mat think
fit, not excee ling in the vvh de one inuulred.
See. if. And le it further enacted, l'hat all
those who shall l.'ecoinc subscribers to tne said
bank, their successors and assigns, shall oe and
are hereby created ami made a corporation and
body politic, bv the name and style of “The
PRESIDENT, DIRECTORS AND COMPANY Os
the Plah rt it’s Bans or the State of
Georgia ;” and bv that name shall be, and
hereby arc, made able and capable, in law, to
have*, purchase, receive, [losses', enjoy and re
tain, to them ami their successors, lands, rents,
tenements, hereditaments, goods, chattels and
effects, of whatever kind or nature, or quality
I ‘ever, to an amount not exceeding in the \v hole
three millions of dollars, including the amount
es the capital stock of the said bant.; and the j
: tnie to sell, grau:, demise, alien, or dispose of,
to sac and be sued, plead aiul be impleaded,
answer and be answered, defend and be de
fended, ia courts of record, or irtiy other place
or p’liccs whatsoever; and also*o make, have
anil u. ■ a common seal, and the same to break,
titer and renew at their pleasure ; and also to
ordain, establish and put in execution, such bv e
la"’s, ordinances and regulations as shall seem
necessary and convenient for the government of
the corporation, not being contrary to the
laws or constitution of this state or of the
United States, for which purpose, general
meetings of the stockholders shall and maybe
culled by the directors, at such lime- or times
is by them shall be deemed nee.css.trv, and ge
nerally to do ami to execute all and singular
such arts, matters and things which to them
shall or mav appertain.
ffec. A V-.d be it further enacted by the uu
thoritv aforesaid, 1 iut for the well ordering of
the affairs of the said c.irpevation, there snail
be a president and directors appointed bv the
legislature, eight of whom shall reside In the
ehv of Savannah, a-.d three in each district, who
shall be citizens of the United States seven v ears,
and of this state three years, and the president
and any foul or more of the said dirre tors, shall
be competvto proceed with the ordinary busi
ness of the : a’dbank, and in ease of the death,
resignation, removal, or refusal to serve of a di
rector, his [.lace shall be Idled up by the stock
holders.
bcc. 4. \nd be it further enacted by the au
thority ato-esaid. That the subscribers to the
s vid stock shall at the time of subscribing for the
same, pav into the hands of the commissioners <
who shall receive such subscription, two per
centum of the amount of the shares subscribed
for; and after the expiration of six months from j
the passing of tit's ac t, the commissioners shall j
and are hereby required to return the subscrip
tion books with all papers appertaining thereto,
>* iiliin . J day s after tin* expiration cf the said ‘
! six months, to the commissioners in Savannah,
together with the amount of cash by them re
ceived ; and the said commissioners in Savannah
shall thereupon call on the directors herein be
fore named, by a public notice for that purpose,
to assemble in Gavannah, for the purpose of re
ceiving the books of subscriptions, papers i : cash
in the hands of, or received by the said commis
sioners, and the subscribers to the stock of the
said bank, shall, upon thirty day s notice,given by
the said directors, pay into their hands other
twenty-eight per centum of the amount sub
scribed ; and upon the like notice of the direc
tors of other sixty day s, the said stockholders
shall pay a further sum of twenty per cent of
the amount subscribed ; and that as soon as the
sum of three hundred thousand dollars in gold
I and silver, shall have been actually received on
account of the subscriptions to the said stock,
notice thereof shall b given by the said dire?-
tors, or such number of them as are herein be
fore declared to be competent to proceed w ith
the business of the said bank; and they shall,
at or after the expiration of the said notice, pro
ceed to organize and commence business at and
for the said bank.
Sec. 5. The president and directors who
shall be appointed by the legislature as afore
said, shall continue in office for the space of one
year, but the president shall at all times be
eligible to he re-elected—the directors shall go
out in rotition in tfie following order:—one
fourth of the said directors shall go out by bal
lot at the expiration of the term of every vear,
and w hich said vacancies shall lie filled up by a
majority of the stockholders, in the following
milliner: for one share, one vote ; for two
shares, two votes ; for every two shares above
j.wo, and not exceeding eight, one vote ; for
‘every ’our share.-, aoove eight, and not exceed
ing twenty , one vote; for every eight shares
above twenty, and not exceeding fifty,one vote ;
lor every twelve shares above fifty, and not ex-
C'.” ling one hundred, one vc,:e. Provided ne
ve. tlieless, that tiie directors so to be chosen,
shall resale in the same district, that those did
whose plates arc so to be filled up.
Sec. b. No person sliall he eligible to be a di
rect r, e scept stockholders ot at least ten
shares in the hank m his own right.
bee. 7. Fhe president, or any one of the said
directors, shall at tin time, directly or indirect
ly, draw outot the sa.d public stock or bank, a
sum that shall exceed five thousand dollars ;
nor shall the president or any of the directors
ol tlu said buna, or any branch tlicreof, draw
| out ot the said oank any money’ but upon the
| same terms and conditions of other persons ;
! anil in case any ol tae directors, or the prexi
i (lent drawing out a greater sum at one tune,
| Ins stock in tiie bunk shall be forfeited, and the
! scat ol such person shall be vacated ; neither
shall any suictiiolder he eligible to ue a direc
t >f, wa isliah oe in arrears over and above the
sum ot live thousand dollars, to the said bank.
oec. H. A.id be it further enacted bj the au
thority aforesaid, That a branch of the afore
said bank, snail oe extended to the city of Au
gusta, under the supernitcndance of eight di
rectors, one of wnoin snail be president, to be
appointed by the legislature, whose setts shall
be vacated and lined up at the same times and
m use same manner as the president and direc
tors ot tnc bank in savannah ; and the said
brauen re Augusta, sliall go into operation at
the same period with the hank in Savannah.
tiCL y. :vrru m -tv i .11 iticrciututctt oy iha
thorn/ afi,. eSaid, Taut the said branch shall at
uii tunes ue amen title to the bye-laws, rules
and reg.ll muiis, llmt may he adopted by tin
c.T'p ir.itiuu oi the Flantcr’s Bank of the state
01 Georgia.
bee. m. And be it further enacted. That the
aforesaid directors suail hav e full power to cx
tend a branen or branches of the said bank, to
any part of this state, which in their judgment
they ma\ thmx ncediulahd necessary'.
ftec. 11. Tiie state may at anytime, within
five years, subscribe fora number of snares, not
exceeding one thousand.
bee. Id. Fne president shall be elected by
the directors out oi their own body, after the
first president appointed by tiie legislature shall
go out of office, and sum. iia.e such compensa
tion for his services, as may be decided by the
directors; tiie cash cm - a;vl otiicr officers appoin
ted by the directors, snail be compensated bv
the directors ; the, shall give bond and securi
ty as shall be pointed out by the directors, and
s i ill take an oath, ;o oe entered on the min
utes or proceedings of sa.d directors.
Sec. l;l. Fhe directors sn-ili from time to
! time have power and amli. r.ty to make such
rules and regulations, as smut be found needful
to carry into effect me design, intent and mean
ing of this institution ; provided, that such rules
and regulations, do in no way militate with the
constitution and laws of the state, or with the
rules and regulations Hereinpomted out.
Sec. 14. No person shall be eligible to be a
diiwior, vvno is a director in any other bank ;
neither shall any person be eligible who shall
be a partner in any house, copartnership or
firm, to or with any such person, or who is in
arrears to any other bank or stockholder there
in.
Sec. Id. And lie it further enacted, That
this act and incorporation therein mentioned,
shall continue and be in force, thirty years, and
from thence to the end of the next session of the
general assembly, thereafter, anil no longer.
The Cargo
Os the sell. Samuel vk June, from Guadaloupe,
CONSISTING OF
A quantity of COFFEE
Is offered far sale by
S. & C. Howard.
December 12—l,>s—i.
Ladies Mantles, tke.
A superb assortment of Ladies Fawn-Colored
MANTLES
Ladies Satin and Silk FELICES and SPEN
CERS
Ditto superfine Cloth and C.issimcrc ditto
E’egant embossed Velvet TRIMMINGS
Are now opening on the Bav, one door cast of
Messrs. Ogden’s sic Baker, by
November 24—131
FROM THE AURORA.
LETTER THE SECOND.
TO JOHN MARSHALL,
CHIEF JUSTICE OF THE UNITED STATES.
Sir.—l have solemnly undertaken to shew
“ that ytu have rendered the administration, of
justice Husjiectcd —that you have manifested a
/lartiality disgraceful to the character of c judge
—and that you have frost rated the dignity of the
chief justice of the United Ulutis.
‘Fhis letter might with more prop:ie;r have
been addressed to the public. Neither a state
ment of facts, nor tiie adduction of arguments,
are necessary to convince your understanding
of the truth of there charges. Your penetra
tion could foresee the consequences of yonr
conduct, as your conscience can tell the motives
which produced it.
I will not insult the public judgment bv pro
fessing to believe in the shallowness of your
head, or the impurity of y our heart ; nor do I
mean to flatter yon, when I declare, that my
admiration of the one, is only equalled by my
detestation of the other.
Perhaps it may be asked how a conduct, w hich
plainly betrays the truth of the charges Pledg
ed against you, can consist with your under
standing and talents. The answer is easy. A
very limited knowledge is sufficient to inform
us, that passions ana preju ices more frequent
ly direct the actions of men, than prudence arid
judgment, that the very care to hide our par
tialities, often betray s them; and that means,
although indirect, sometimes point out and de
leat t:.e end for which they vveie calculated.
‘l he examination of Aaron Buir before you,
at the eagle tnern, in Richmond, 1 presume,
was not final; the proceedings at tire capitol
on the succeeding day, were nothing more
than a continuation of that examination. I make
this conclusion, because the functions of an
examining magistrate cease, u such, imme
diately on his determining the probable guilt
or innocence of the accused, and discharging,
bailing, or committing to the custody of the
prison.
If you had decided upon the probable guilt
of Aaron Burr at the tavern, your func
tions were if so facto discharged, and you could
not have re-examined him on the same warrant
the next day at the capitol; for you would have
had no jurisdiction, having previously decided
on the same charges.
Do the laws of congress, or the state of Vir
ginia authorise an examining magistrate to
take the body of the accused out of the custo
dy of the officer, having a warrant against him,
and to bail, discharge, or commit him, frevi
ous to the decision of his probable guilt or inno
cence ?
Is not the right to bail, fee. consequent of the
decision of the case upon tiie exhibition of the j
testimony ? If it is, from whence derive the le- j
gal right to bail Aaron Burr during the exami- j
nation and Injure the delivery of un opinion up- ‘
On this cate ? j
oup|*Aoo tli’u to l>o one of tho powers 1
confided to the sound discretion of an exainin- j
ing magistrate ; that he might even make any
temporary order fentlente examination e, to suit
his own convenience, that of the accused, or to
farther the cause of justice, or humanity ; was
this a case where the exercise of that discie
tionary power was necessary, either for tne
purposes of humanity, of justice, or sucii con
venience, as was compatible with the safe keep
ing of the accused until a final decision ?
Every man who recollects that Richmond
was the scene of the examination, must know
that Aaron Burr might have been acco .mo
dated in the custody of the marshal for one day
without being put to any inconvenience suffici
ent to justify you in giving him an opportunity
to escape. Do you believe that ho had any
thing to fear from the cruelty, or even any sup
posable rudeness of major Scott ? You must
know that the politeness of the marshal would
have a (forded to his charge every accommoda
tion which was consistent with his duty.
For what purpose then, sir, if you had the
right, did you bail Aaron Burr, between the time
of the private examination at the eagle tavern,
and the public one the very next day at the cubi
tal ?
I defy all the federalists, traitors, casuists,
andjesuits of counsel for you, to help you to
one good reason.
‘I his extraordinary and illegal act ot partiali
ty and tenderness no doubt relieved the ground
less fears of Buir. lhe very act which gave
him an opportunity to tscape, proved incontes
tably that flight was not necessary to his safety ;
that he had literally “ a friend at court.” But it
seems, that the humanity of the act was even
exceeded by the mercy of the means. You
were determined to lay no restraint on the ex
ercise ot his understanding as to the expedien- i
cy of flight. Although you had convinced him |
that he should have all the advantages of a trial j
without usque to his person, yet you did not
wish that he should be compelled by any pecu
niary considerations to experience, during the
tedious forms of a trial, the many little favors
a chief justice can confer. You therefore bail
cd him in the sum of g 5,000, before the exam
ination was terminated, while it was yet unde
termined whether there was not probable cause
to believe that he was gniltv of the highest
crime which a member of society can commit
—treason against his country.
And yet, on a succeeding dav, after an ex
amination of all the evidence, and a discussion
upon its merits, after solemnly’ determining
that there was not probable cause to believe*
that treason had been committed by the accus
ed, you required bail to the amount of S 10.000
for probable cause to believe that he had been
guiltv of misdemeanor only ;
When it is doubtful whether the accused had
, committed both treason and misdemeanor,
you bail him in 35,000; when it is ascertained
that he i.i probably guilty of miademeinor only,
you require bail in B lo,evo 1
You will soon be as expert at the inversion
of numbers, as you now are at the perversion of
justice. According to your judicial arithmatif,
il a crime live thousand times more criminal
and detestable than treason could be devised
and perpetrated, iherellcnder ought to be bailed
in the sum ol on, d&ncr.
lo attabute ihc-sc acts of monstrous and
manifest partiality to the sound disci etion ol an
upright judge, would disgrace the understm.J.
ingot an incut. 1 he. discretion of a judge, is
net his unbiidled and way ward will, but the dis
cerning ol that which is just, according to the
laws and customs o’ his country. It will nj
much easier to find a precedent iur partiality vj
shelter yourself, than to prove to your comm , -
men, the purity of your principles, or the i tc
prietyof your conduct.
You might have gone much further, and cited
precedents of your satisfaction. li Aaron Burr
had been brought before you, with the cup of
poison and the sword of treason in his hands,
you might have bailed him and have satisfied
civilians with the authority of lord Mansfield’
who bailed a felon taken with the stolen goods
in his he...ds. But all oi us are not civilians,
and some even doubt the propriety of following
a bad example although it assumes lhe shams
of a law-precedent.
It would be well, therefore, before you .cite
autno.i,.es, to prove their legality and justice,
and that their aulnois had not the same pre
eminent claims to public suspicion und animad
version, by which you aie at present distin
guished. You are not the onlv chief justice
whose labors have not been properly re w-a rued.
The people of the United States have yet the
power of doing you some justice through the
medium of constitutional prevision, and 1 hope
they will exercise it.
1 shall not here remark upon that part of
your opinion, on the motion to commit Am on
Burr for treason and misdemeanor, which de
fines treason by levying war. That it cannot
be reconciled either with the opinion of the u -
preme court of the United States, delivered L
yourself in the case of if oilman and Svvartwout,
nor with the equivocal double-faced discourse on
the motion to arrest the evidence on the trial in
chief ol Aaron ,Burr, must be obvious to the
understanding of every man, who will admit
that a definite idea can be conveyed by anv
words in the English language.
If any one ot tiie three opinions declares the
sense oi the constitution, the other two peivcrt
it. The one enlarges, the other restrains ; one
contracts , the other dilates —ihe meaning of an
instrument too stubborn to be easily adapted to
your gum-elastic ideas of treason, stretching and
contracting to suit the situation of the accused ;
| changing as the rays of evidence shed their in
! creasing light upon it.
But from the record of your own opinion, ad
ded to notorious facts, I sliuli shew that your
| reasons lor not inserting in the warrant cf com
iiiiiu.v.iß the cnai gt. of treason, we e not found
| ed on legal axioms, nor on facts admitted or
proven ; but were merely specious, unlawful,
and based upon an unwarrantable supposition,
inconsistent with facts known to the public, and
vvnich it is fair therefore to presume were with
in your knowledge.
In thut part of your opinion which considers
the probabiii.y ol the commission ot an overt
act of treason, by an actual assemblage of men
for the purpose of making war against the
United States, I understand you to have said
in Swattwout s declaration, relied on to render
the fact of assemblage probable, that “the ut
most point to which this testimony can be ex
tended is, that it denotes a further embodying
of men, w inch is more particularly mentioned
in the lettter itself, and that it affords probable
cause to believe, that the troops did actually
embody at the pti iod designated for their
assembling, iv/uch is sufficient to induce the
jus ice towhom the application is made , to commit
for trial.”
Here is an admission that Swartwout’s decla
ration cannot extend to tiie points of probability,
that troops did actually embody at the period
designated for their assemblage.
Now, it must be granted, that as the prrba
bility of guilt is all that is necessary to be pin.
en before an examining magistrate ; and as this
testimony was affirmative of that probability*.,
it was certainly sufficient and ought to have
induced you to commit Aaron Burr on the
charge of treason, unless the probable cause
to believe the commission of the oveit act,
afforded by this testimony, was done away
by other equally weighty and opposing evi
dence.
For whenever legal evidence is adduced in
court, to establish a tact capable of such proof,
I the court ate bound to consider as tiue tho
facts supported by the evidence, until other
testimony is introduced, which disapproves,
either the supported facts themselves, or leaves
the mind free by impeaching the credibility
of the witnesses on whose veracity the belief
depended.
I am warranted in going farther, whenever
a legal presumption is created, that presump
tion must stand until the contrary is proven.
Now, sir, where is the testimony doing away
the presumption admitted to arise from Swart
’.vout s declaration ? There was none produced
by the accused.
After admitting that Swartwout’s declaration
can furnish probable cause to believe that the
fact was committed, “which is sufficient to in
duce the justice to whom the application is
made, to commit for trial,” you require proof of
the fact itself; you ask, “ why is it not proved i”
Let me answer, by asking where was the ne
cessity of positively proving the fact, if Swart
wout’s declaration can afford pro'able cense to
believe, that v troops did actually embody at thn