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31 - . Tlcr'ilniions.
Ho (he of Ucpr e.eniu* res of the General -fo
istniblj of the o. ate i f Gcmr a, Hot. 14,1338*
"Wh areas the question of dlyciising wish
banks as the agents of the Government in lh6
collection anidisbur.-oaicnt o. the Public Reven
ue, and tiie a?eoinuajiving question o 1 the Cur*
rency-maat proper to Le o;i,.d ayed in the fiscal
operations of the Government, arc both of agi
tjting a;ij exciting charac.cr, as well as of great
importance in-their (vnscqucnccs, it becomes the
rigiit (and under the circamstanccS oi excite
ment) the duly of the General Assembly to ex
press freely their ophiiaus in relation 'to both
branches oi this important subject, The Inde
pendent Treasury, or Suh-Trc.isury system, com
monly so called, involves two questions, each oi
great importance, but wholly independent. The
second seeks to determine and establish the kind
and character of the currency most sale and con
.* venieut for th? Government and least oppressive
. fit the people. In regard to the first, we. the re
presentatives of the people of Georgia, influenced
■ by a sc; tied conviction of the uncoustitutionality
Oi a United States Dank and of its inexpediency
also, should deem it extremely enter- !
tain any longer the i lea of such an iniitutlon ever
becoming the li c.ii agefit’of the Government.
AVc arc equally oppose d to ihe introduction of ihc
local Banks as a p uts or depositories of the pub
lic funds, as well toroid the influence of that ex
traordinary patronage, resulting to ilie- appointing
power from such connection, power
be su lib red to rewith the Executive or taken
into the. iuads of Congress, as to prevent the
unavoidable tendency of such a system from
swelling the revenue La an unneressaiy anddan
gsrom extent, pro during fia .'tuitions in trade
anl prices, not only by thi increase of the reve
mi?. but from the frequently made of
those corporations as d-:-;'ofi tones an I agents of
the public money. ITqe.ly r-;e ling boih of
these agents for various other good reasons not
to be sot forth, it ie . f a-wily r? alls that the Gov
ernment must conduct her li-cvl transactions
through th-.* agency of her officers appointed for
that especial purpose. In regard to the c urrency
most prober to be employ •1; while we‘are‘fully
seitsibfe that gold an 1 sliver must forever remain
the bads an I regulator of the video of property,
and tli at we would nit favor any sysu-m which
would (Milan,grr the reasonable certa iity that ihr
paper based thereon, should not ai all times Lc
immediately convertible, or in iv.lier words, ic
d;i *cd to gold and silver at the will of the hold
er; yet Jo we not see the ne; easily of condu *t
ing the operations oi the Govcrii next exclusively
in the precious metals; m it appears tliat the
trouble of conveying the specie from Bank to
fc>nstom II mss aid from th? Cucto n II >use to
to the Bank, would {»? productive of some in?cn- i
, veni snee, and if that in con .enicnce can he rein -
died by tfov: mg a system of combining a’l the
facilities which paper affords as a nied um, witli
all the certainty of value which the circulation
of the precious jTUih l. secure, it would seem that
wc wo L iu atgC ft fts near perfection in our circu- :
lation r..< o#the thing is susceptible of.
1 here are systems w hich can Jay claim
to perfectipu, ahfl’ its imperfect :.s the fc>ub-T»T*a
g»fey-sysuyef rthqr bq. yet un i. r prop? r guards,
’•wren it-3 qst wo believe it ilie best
sjpdcm yet been darised f»r tan genc
rm goaifcqffii jue vising anti discussing the plans
best cdfriqptf-.U) seairc safety to the ■ revenue
. and !<£>•?. to the Gov vTunicut an ! its pco
• pl®T jiot he overlooked that in this
yidely.' exi&£Tod -confederacy a cifciil ilion*is dc-
WdnqfVi and very mucli needed that will inaintun
eqifal value throughout the Union. The bills v*4
a Bank of the United States would satisfy lully
.expectations of ednvenirn *e from such cur
rency, but as it is mo opinion of ibis Legislature
oven had Congress the power to charter such I
an institution, the unexpediency of the measure
should forbid its in orporali ».i ; they propose a
.* .’ jQrstfpi which, while it lias none of the character
istics ol a Bank, won' 1 alford a convenient and
safe medium of remittance, withoulany violation of
the powers ol the government or rights of the peo
ple. The govern: icnt is compelled to raise sufii
cieiit revenue to bear the current expenses of the
year, upon this fund there does not appear to this
body, any well grounded objection to thq gov
orn iaent s issuing IVcasuty notes limited *by iaw
to tiie amount in the ’Ureasury, rcJeeuiable on
demand, at as many pohiisof redemption as the
commerce of the country may require. The ,
upon funds actually in fife dVe.ic’ii-v, \vj;ul I "form
a safe and wholesome medium of circulation and
remittance, as the means of pay men*, would at
all times be at hand. Therefore,
1. Resolved, That the revenue should b? com
mensurate with the wants only of la * government.
2. Resolved, That the establishment of a Na
tional Bank in any form is unconstitutional.
3. Resolved, That had Con gross Ahe power to
charter a Bank of the United Stales, the exorcise
of such power would be highly inexpedient, im
politic and dangerous, as its great capital and con
sequent credit could not fail to give it a control
ling influence over all olaciyman:e 1 institutions,
by which it w mid control the commerce as well
jus the politics of tbo country, thereby destroying
both the freedom of trade and freedom of opinion.
4-. Resol ed. That the basons of experience has
taught us the utter inexpediency of permitting the
public funds to be controlled by the local institu
-s-Oaiu of depositing in then cither
upon gortmralMft wU
saqjc. fetid contrary to sound-p-diey; as well oi*
hecount of the paTlialiry and in grant*
inj tire use of the government money to these
cdtp iraltthgi from the poliiical iaduea v which
a a not’jeJiirily have ov.r all coniiwlt-J I
-witli IJilSn. an 1 toPprevent a ro.-urw.-nc3 oi' llic.-o
cliecfii aiid-othor II is indispsnsil le lh.U
an entujjMisPonnivlion' or total divorce* of tho
tJovorma?nt from all O.tak.i should lie- trie osta'i
lislied- and "permanc.-nt po’.iay oi' l!:o A;n?rican
.. pcopl-.
3. liesohed, That tha principles of the inde
pandont TreaiUry or Sub-Troa any system, is in
■trialconformity with tlu- requisitions of the Con-
Btltution and the practice of t'.ia g ivcrninAjt for
many years.
6. liisuhej. That the'gavcrnnicnt can tolU-ac,
keep, and disbuns itsTevciiue in no way so per- :
I'cctly free from partiality, fno.i.cistn, or upp.vj
sion, as thfoujh tha aqco y oi ih, own o.tiros ap
pointed for the purpose.
7. UiFultiif-trlher, For tha convenience of the
good people of the United States that it is proper
for the. gurernment to is-tua treasury notes or
checks limited by law to tha extant of tha revenue i
on hand, radcema'olo on demand at all the conve
nient points of the Uni on in proprnion to the
—VSWW wveawiiti ilt.snej, n'..
‘ 8. /’‘ if Tha, U is ttls i ot‘TtitS 1
f Le qisltUuro that t;ie u;Us * of. tiia specie payitiq
. Osmtarat ptr where tlia jyvcauc ia oo'l -at ad, should
ha receivable us the public treasury, the Banks
issuing the came to be subject to s;:ah settlement
at maybe ordered J,y the ia-.v that organizes the
independent Treasury system.
7.Jr. Alexander’s Rrsoiatians.
. Whereas, tha people of Georgia are deeply in
terested in the subject of the monetary concerns
ot the National txovernnijpt, and tn treespaeialiy
. in the mode ot coU^-rlmy,krr.iiit r. p.riildiooi’.rri!!-;
tha public revenues (if |js.u it be
comes tha rsprcsMjCtives of tile people to give
such ah expressrort of opinion on tip- subject, at
may be best calculated to promote the interests of
those .55»*»thfc> represent.
Ap J t'ho goverivnent of tha Unhe.l
State!, if oh' of limned au i enu-ncratad powers, ;
and tha power to incorporal.- a notional bank, is |
not one oi those which are enumerated in the
constitution; and apart i'ro n . the constitutional j
ini -oinpoten oy of Cj.ij.tta Wcharter su.-h an in- 1
stitution, experiehao has demo'.iotratetl that it is
not of paramount imparlance or necessity, J u
supplyinglisanl wants' of tho goverainsat,
jtnd that hi its iuduonee, it is
Ofthe and the lib- 1
And vyho.-.-.i, t ie system of m iking the State -
batiks depositories of tic public revenue, has slj
*V failed- and in its failure has produced ineal
‘ eutable misetuef. both to tile government and the
people, and cannot ho again resorted to, without t'
dtsreg irding tito m ost impressive a hilonitions of
exponent?,aoj placing in*.parity die most im- ;
po.taot interests oUthe country,
~y ' J
i. r»-.-.5. 3n1 - . -otisttL’-i-nal and .Stab;
in-.-d,- of totnlneling the lineal .qtesatious ol tiie
goveninj-. nt, is to dispen.-a with llic iiitcnued-ate
agencies of banks, and to dimmis.-* the control
w in h tile exeet-tive i.eed e tei" i.-e-i over the pub
lie Ir. as ary.
And witcraa.s, the government does not possess
tlieipower of converting its exchequer ituo a
bank, or of cxerei-ing a: y ot the junctions per
taining alone to banking;
B: \'{ re oi. ed h j Vue *V ena 'e and House of
rrjc:\taflrcs < f (f Gccrrna, in Genera/
.1-• ::e:rihl:j in •. i - 0.2 c! it is h crc bjj resolu dby the ait
l.'ior ly if H.era:.-ze. That a bank of the United
States is nncoi»stitn*jon 111 inexpedient, subversive
of tha rirlils of the States, and dangerous to the
interests of the South, and that our Senators in
Congress be instructed, and our Representatives
be iw-quested to oppose, by all proper means, the
iucorjluration of such an hiStilulion.
Ht-itfurther rcsdlcid by the authority afore
.a d, Tiiut the system ot making the Stare banks
general dt positoiies 01 the public* revenae,adopted
!»y the lasi, iincl ab uulancd by. the present admin
istration of the general government, tends to in
crease executive patronage, and is calculated, by
stimulating a a injudicious expansion oi bank i -
sues, and thereby iilliixg the channels of circula
tion with an uu>iunJ currency, to bring I ank
mj)tcy and common ial ruin couatiy.
Be it f :rther rendv.d. That a coliccl
in keeping, and disbursing the public revenue,
which has for its ol j.ct the gradual,, but entire
and ultimate disusaof banl.s as fiscal agents oi
th a Govern nut. is a measure calculated to dimin
ish t.ic monied inilue.icc of the Federal Govern
ment, and promote the commercial interest of the
Pjuth.
Belt f irtli r received, That the General Gov
ernment has no cor.siituliona! power to create a
tipper curren. v, based merely upon the credit ol
the Government; and that tiie policy adopted by
Congress, and sanctioned by the present ad uinis
tralion, of issuing 'JVcasury notes, based on no
i-ctu.d d-po dies, t J -upj>ly aV.dicit in the revenues,
is on onititutiomd, inexpedient, repugnant to tbc
spirit o1 ? and dangeritriT 1
lioertic.i of '4lc people.
Be t fir. iter rcfj’o d, That the executive pow
ers of tiie G.r-eminent shoul?T be so rc-acljlisted
and portioned ;.s to separate the purse fcgtft* the
sword, or the money fro.ll the military power cf
the Govern merit, by making the Secretary of the
Treasury dependent for bis appointment and re
in oval upon the Fcn.itCj instead of the President
of the United States.
JJj U further rtiolvcd <v?., That a copy ofthe
foregoing preamble and resolu'ions be forwarded
by the (l o vcrnor of this State to each of our Sena
tors and ivcprcs. ntal’vt s in Congre; *.
A KILL,
To be enthlcd, An Act to encourage a direct Ex
jiori mvd Import Trade witli For. igil countries,
and to autliorisc the formation of Joint Stock*
t’omp inies lor the purpose of dealing in For
eign and Domestic Merchandise and Produce.
Si c. 1. Be it enacted by the Senate and
Ho 10 cif Its pres-'tut ires of the State of Geor
gia in Gf.nrej! A v -‘cnihly met, and it is hereby
etiaeU d by the authority of the same. That from
and after ihc passage of this act, it shall and may
he lawful for any number of the citizens of this-
Siile to form joint stock companies for the pur
po-3 of dealing in foreign merchandise, and do
mestic produce and manufactures, and for import
ing from, and exporting to any foreign State or
country any part thereof, subject to the conditions
and liabilities hereinafter prescribed.
Sue. 2. And be it firt her enacted by the au
thority nfjr.s ltd. That no joint slot k* company
shall b? formed under the provisions of this act,
whose capital shall be less than dollars,
which shall he divided into shares of hun
dred dollars each.
fc>*;c. 3. An I be if farther enacted by ihe au
thority a fores aid, Tliat all persons who shall be
come shareholders in any such joint stock com
pany, shall be, and they are hereby created, and
const it uled a corporat ion and body politic, by
such n une and sryle as tiie constitution and by
laws of any and every such company may desig
nate and appoint, r n -1 y such name, when estab
lished and duly recorded as heieinaftcr prescribed,
shall bn, and they are hereby made capable in law
to have, hold, purchase, receive, possess, enjoy,
. lind retain, to them and their successors or assigns,
lands, rents, and hereditaments, goods,
chattels, and effects kind,
d 5
he sued, plead and be impleaded, answer and be
answered, defend and.be defended in Courts of
Record, or any other jilacC whatsoever ; and also,
to ma'.r-q use. and have a common seal, and the
some th break, idler, or renew at their pleasure;
and also to ordain and establish, an 1 put in exe
cution such constitution and by-laws, rules and
regulations, as they may deem necessary and
convenient for the government of such company:
Provided, that such byc-laws, rules and regula
tions, be not contrary to the Constitution and
laws of this State, orot the United States; And
Pruv d d also, that the real estate which it shall
be lawful for any such company to hold, shall be
only such as may be necessary for their accom
modation in relation to the convenient transaction
of their business, and such as shall have been
bona fide mortgaged to them as security, or con
veyed to them in satisfaction of debts previously
contracted in the course of their dealing, or pur
chased at sales upon judgments which shall have
been obtained for such debts.
fi-up. a. A ti ,d LsU further enacted hit the au
fnorth/ i.J r : a </. Th.it no conTpJnv rpWd
dcr the provisions of Hhis act, shall commence bu
siness until ‘ per centum of the capital
thereof h is actually been paid in to said company
in cash, by each stockholder, in proportion to the
number of shares lie or they in ly hold and the
remainder thereof secured for the belief t of the
creditors of such company, by bond and mortgage
upon real estate t o the full value of any sum so
not a lually paid in, in cash.
S 5. And h“ it further enacted by the au
thoritj/ofjr&aid. That the stockholders at any
meeting of such company, or tho officers appointed
to condu *t their bu fines.;, shall have power to call
for a further payment upon said slock at any time,
up >ll giving sixty days notice in the gazettes of
the city where the business of said company may
be I • ’a c !.
tf::;*. 0. And be it further enacted by the au
taurify aforesaid, That upon the formation of
any company under the provisions of this act, the
stockholders thereof shall individually make out.
j by themselves, or by attorney in fact, a certificate
j which shall contain—
j 1. The name, stylo, or firm of said company,
1 nn 1 tho amount of ilie capital thereof.
2. Tie? names and residences 1 of all the stock
i holders in the sime, and the amount of stock held
' t’.v' c U'l! Ui- «W Wflr nmwn* W 4»y -
ou-h, aaJ tin; srifcoum secured by caSy, by
:o to s uJ company.
3. Tho psjpitf.l at which slid company intend
c->;iimoaeinjf and tha pariod at which
■r shall torrainia, and whan made by attorney iu
net, 11-a po-.vju- of attorney duly authenticated*
shall ntcfunpany said ocrtidcata.
,1 ul h it farther enacted iy the aitthy
rlhf as .-re "9 : d. That tho sai l-certificates sliaj fee
a. ki'ou kdyad mtbc several persons signing'll
same, or (heir ut%rncy i;a fact, before a
the Supjjiaf.otWnferior Gonrt, Justice of the
IV ico. or Shblic, wijg shall duly cortily
the same. ig •£»''*
fire. S. Ito tkUfyilir!hcAftgetecld)i/ the (lu-‘
f/ini-it:/ nfireta 'dST ii tijUio certificates -and pow
ers of attorney ’W&" so a lcnow'edqcd and cer
tified, I'yy *vfr wqth a of the constitnitton.of
: such company, shall bo filed In tha ol
i Clerk of the Superior Cotyt of in
1 which the principal place of luisiiteks of such,
| company, sliall he. situated, and shq'l also be re-^
. corded by him at largu in a book •m*.e kept fort
that purpose, opcu*to public inspecting* £ and if
aaiy of su* h company sUhM have busi
ness in difleioiit counties, a transcript cf flic said
.record duly certified by the clerk in whose ofiice
it sliKll. official seal,
1 * ha!l ho manner in the
olli?o or the Court in every
&n*‘h county; and the clerk, for each and every
required by this act, shall be entitled to
the igkim ot five .dollars; add a certified copy of
such of attorney and affidavits,
shall 03 evidence in all courts and places what
soever. "
&st. 9. And he if further cna:ted by the au
thority aforesaid, That each and every stock
ll V- ill .-iffti ccii.p-i - sh'all It l.ofcnd
< ompauy cud to lllv cicdiioi E ihcicoiTor the
ment <4 the full amount 01 -stock held
orT cm. and that no sale* or tianTcr
l.skr plate miless the v.T.ot*
i hereon ha\c been bona fi«icp*. id-in
said company; afiidov'tof w hich,
name and 1 evidence cf the pyithuser. sliajfe I
mare by the principal officer of Vrid comply, ii
;nd tiled with the other records in the CsA’g 1
office of the Superior Court as aforesaid. I l
8,; \ 10. A:idhe it further enacted 1} fie t
authority vftresad, That the stockhol lesI; as
any company formed by authority gs tins act, *
shall have power to elect such temporary olftsrs t
as they may deem necessary for carrying «i? 1
same into effect, and to regulate and i
comjiensation to be paid to the i
hold I heir point menu I Pushtu- -
lion and by-laws for t!ic government of inch
company are established, and regular appoint- !
incuts made under the provisions thereof.
Sec. 1 1* And he it further enaciect by the au- :
fh'jri(y aforesaid , That dividends of the profits
of sfich companies may ho semi-annually de
clared : Prot-idcdi-ihci a fund of ton per cent,
over and above the capital actually paid in, shall
be reserved by such company to meet any unex
pected loss they might sustain before such divi
dend shall be paid in.
Sec. 12. And be if further enacted by the
authority (f /retard, That the officers appoitifipd
f r conducting the business of such company,
shall bo liable to account to the stockholders if
tii Ar management of said business, both in law
and equity.
S. c. i '.j. And be if farther enacted by tie
authority aforesaid, That in the event of tto
failure or insolvency of any such company, all
the property, real, personal, and mixed. an»(
whatever kind and nature the same may be, atoll
be immediately assigned to three or more proper
persons fur the benefit of the creditors of »F
company, and the said assignees shall proceedin' '- m
dispose of the same, and to pay the debts of the
, said company, and should ti’.e same' be
cicut to discharge fife debts.mid
compiniy, then and in that case, they shall pay!
each creditor in like proportion, and if there id
a surplus, they shall pay the same in like pro? ol
li m to the stockholders of said company: Pro*
tided , that the said assignees, before taking poj
session of said properly, shall give bond and se*|
curity to said company, in an amount equal to?
the amount of property so put into their hands!
for the faithful discharge of their duties os as-j
sign cos, and the said assignees shall be allowed
out of the proceeds, such compensation as shall
be reasonable and just.
SSzv. 14. And be it further enacted-, That 0!!
companies formed under and by virtue of this 1
act, may continue business under the same for
the term of years, from the commence
ment of said business, and no longer: Pro? i!.d,\
that nothing herein contained, shall be so con
strued- as to.prevent such companies from using
their corporate name after the expiration of the
lime aforesaid, for the purpose of settling up their
»said business.
A llii!.
To he entitled, An act to aid in the conslru lion
of .Railroads in this Slate, and for oilier purpo
ses connected therewith.
X. Be d emitted by the Senate and Home
cfj; presentafire* of the tstuie ts (Ji orgiu, in
General Assembly met, and d is hereby enact id
by the authority if the same. That for the pur
pose of carrying uift the system of Internal Im
provement, by Railroads, in this State, as now
provided for by law, at the earliest possible day,
tiu Commissioners of the State Railroad shall,
conjointly with the Governor of this Stale, li ora
time t ) time, and in such sums as to them shall
seem most expedient, sell or dispose of stock,
hereby created on the credit of the Stale, bearing
an interest of not more than si x per centum, per
annum ; scrip for which stock shall be issued
and signed by the Governor and the President,
for the time being of said Board of Commission
ers ; and the said stock shall not be redeemable
in less time than thirty years after it is issued, and
the interest thereon shall be provided lor as here
inafter pointed dut.
Sec. 2. A.id hz it further enacted by the au
thority aforesaid, Ihat-I&^thc purpose of has
tening the completion of the jQjffiwiHlj mow in the
pr<Egrgß&i>f ruction, by ovor-
the Governor, snail
' lend to said companies, out of the funds hemn di
rected to be raised, from time to time, a 3 the said
companies shall progress in the construction ol
their works, such sums as shall be equal to one
half of the sums actually paid up, and in good
tailh expended on the works aforesaid by the in
dividual sto kholders: which loans so made by
the State, shall bo expended by the companies re
ceiving the same, on the works undertaken by
them ; and the same being so expended, the indi
vidual stockholders shall proceed to pay up and
expend, as aforesaid, a further portion of their
capital; after which, on the proper exhibit being
made, the Commissioners and Governor shall loan
to said companies a further amount, eijual to one
half of the second payment and expenditure by the
stockholders ; and soon to the completion of the
work : Provided, that no loan shall be made to
any company until the stockholdcis thereof shall
have actually paid up. and in good faith expended,
as aforesaid, twenty-live percent, of their stock
subscribed ; which said sums, so paid up and ex
pended, shall be made appear to the Commk-sion
rm " ml -*■ the, report, mad th
under oath, pi the President, Chief Engineer,
and Cashier* or Treasurer, as the case may be, of
sa'.d companies respectively.
Sec. 3. And be d further enact'd by the au
thority cf,resa d , That the companies aforesaid
shall execute their obligation to pay into the Cen
tral Bank, or Treasury of the rotate, annually, in
terest on llie sums so lent to them, together with
their proportion oi the expenses that may occur in
t .c sale 05 the Plate’s sto; k hereby created ; which
interest shall be at the same rate as* that which
the State shall engage to pay on the stock created
by the first scTipu of this act; and on the failure,
by any company, to pay such interest, at the
time, and in the manner provided lor in the said
obligation, such company shall be thereafter de
nied any further loan, and shall be required forth
with to pay up all loans previously granted by vir
tue of this act.
Sac. 1. And be it further enacted by the au
thority ufiTCcaid, That when the scrip lor the
! stock hereby created shalWwfcomc due, the compa
nies to whom loans are granted, as aforesaid, shall
' refund to the State, the wlAlc of the pritigjpal
loaned to be, by the State, applied to
’ the redemption of the State’s scrip joshed under
this act; and for the indet|piffi of the State
7 JlTfaYfisC ill possible lossffwlietnßr afTslngJftmi do-'
fault in the payment of interest as aforesaid, or
the payment of principal, as required by the third
(3d) section ofilhsgbet, or the ultimate redemption
of tiie said scrip, lha companies aforesaid shall
k execute toiho State a mortgage on all their eofpo-'
rate property in the Railroads or JloaAstrbijsti ac
ted, by them ; machinery, locomotives and cars,
lands, warehouses, offices, depots, machine shops
and distiibularies' owned by them.
, ■ Sec. fi. And be it further .enacted by the
author'd}] aforesaid. That cn failure cr■Mcglcct
of any company to pay the interest., or'principal
to the State, as provided for in this idtt, the entire
property, real and personal, of such company,
mortgaged as aforesaid* shall be forfeited to, -and
shall vest absolutely In the Stats; and no force 10,
, sure of such moitgagb shall be necessary ; but it
sh'ill be lawful for His Excellency the Governor,
for the time being, to appoint stub agents as may
be necessary to take.possession of the road-and
t, properly so forfeited, wherever to be found, and
j usb tlie same for the benefit of the Stale, until oth
erwise provided lor by tiie General Assembly ;
and all persons who may, in any wise, hinder or
prevent said agents from taking possession of,
and using said property as aforesaid, or shall se
crete the same, shafr’fie guilty of a misdemeanor,
and on indictment and cciivitjiioii, shall be
and imprisoned in the common jail of the county
at the discretion of the court. ‘
Se(.v& And be it fur,her enacted by the cm-,
thoriiy aforesaid, That if any of the companic3 i
aforesaid, should prefer, that, instead of a lean by'
tiie State to them, 011 the terms herein prescribed,t
the State should aid them by a subscription to
their stock, then such subscription shall be made
to such slock, by the commissioners and Govern.
4
Hteiccakl, cn the part of the State, on lha terms,
the rules, regulations and restrictions
to wit—
Hi.d. Tin?, nutpber of shares which the ■
shall Eubßcrihdl'«ut v .thail bo equal to the*
of she res suhsenbed by the individual
ProvtdL.fi• That the fctale shall net
be required to for any part oi such stock'
until one half ol the whole stocky prescribed in
the charter of such company, shall have been ac
tually subscribed for by individuals ; or corpora
tions.
Rule 11. When the stock of any company is
already filled up by the subscriptions of individu
al stockholders, and ihcir Railroad or Roads arc
not completed, the capita! stock of such company
is hereby authorized to be enlarged so as to allow
become a stockholder to llic amount
herein prescribed.
*■ Rule 111. ATo payment on the shares so sub
s ribed I y the State shall he made, until twenty
five per cent, of the stock subscribed by individu
als shall have been actually paid up, and in good
fiithexpended by them, on the Railroad or Roads
authorized to be constructed by their charters re
spectively ; —which' payment and expenditures
biing made appear, fTc rotate shall pay up twen
ty-live per cent, on her subscription; —alter the
expenditure of whwh on the works aforesaid, and
the further payment and expenditure, in like man
ner, of twenty-five per cent, by the individual
stotkholdersjtbe State shall pay twenty live per
cent, more her subscription; and so on until
all the stocj£»o subscribed shall be paid up : which
said payments and expenditures shall be mjulc .
appear id the manner jointed out in the second
(2) section of this act.
Rule IV. The state sjjgll, at all elections of
directors and officers of the companies in which
slicing become a sloe: holder .by vuiue of Uiis
act, and on all qucstioi s coining before the
holders in convection, for their decision, voB- cn
her slbck, in the same manner as individual slock
hoklers are, by tiieir several charters, entitled to
•Vote; and the vote of the States shall be cast, in
all cases, by the President ol the Board qf Com
■missioh&g# aforesaid iii person, or l y proxy.
Hu eV. The companies preferring the sub
scription by the 14tale to their stock, shall, before
any payment shall be made by the State on her
subscription, execute their obligation to pay inta*
the Central Bank, cr Treasury of the State, an
nually-, on the sums paidFcn her stock subscribed
as aforesaid, interest at the same rate as that w Inch
the State shall contra t to pay on her stock crea
ted and sold by virtue of this act, together with
the due proportion of the expenses incurred By
the Si: to in the sale of said stock, until the road
.shall yield a profit equal to said interest.
Rule AI. Upon the fa Jure .of any company
»to pj ; y the in crest required to I e paid by the tilth
Rule, all fa ther payments by the State, on the
«to. k subscribed by her in such company shall
1 thcrciq on cease, and such company shall forth
with refund to the elate all payments that may
have been made cn her subscription, so that she
inay no finger be a stockholder in such company.
Role \ ii. To secure the State against all
possible loss, whether from the neglect or omission
of such company to pay said interest, or to refund
9 the State the amount of her payments on her
iUHcriplion, as required Ivy the preceding Rule,
>ucli company shall execute to the Stare, a mort-
Jhgcon their corporate property, as prescribed in
:fcc fourth ticciion of this act; and the proceedings
m such mortgage f* r default in payment of in
iere- t, or in refunding the State’s subscription,
vhon thereto requited, shall fie according to the
provisions of the fifth Section of this act.
Sec. 7. And be it further enacted by the au
thority as re: aid 'I hat the fund arising from the
hitesist on said loans to companies, and on stock
in said companie s subscribed for by the fc'latc,
shall be, and the same is hereby set apart and ap- j
preprinted to the payment of the interest 011 her
scrip, authorized by this act to be issued.
Sec. g. And be it further enacted by the au
thoriiy ejorciaid, That the companies aforesaid
shall hayp the full hem fit of any premium that
may be received by the sale 0!’ her stock hereby
create J; and such premium shall be passed to the
credit o?’ said companies, on interest account, in
p < portion to the interest they may engage to pay
to the State under the provisions of this act.
Sec. 11. And belt fTirther enacted by the an
thoriiy kforcsu d, That all provisions in existing
charter* heretofore grantedjjv j lhc General As
«■' • 1- U&’.J thi s is arte. ip to
TsSSSft
TUfill?AY MORNING, NOVEMBER 27.
We publi.‘ h in to-day’s paper two sets of reso
lutions introduced into the Legislature of Geor
gia, one by Col. John If. Howard, a representa
tive from Muscogee county, and the other by
Mr. Alexander, the Senator from Meriwether
county.. •These resolutions would have been
publishcdlcarlicr, but for the absence of the Editor
from the {city during the past week, as it was
dcemc l probable that lie would desire to accom
pany them with some remarks. Col. Howard,
and Ms. Alexander, are both prominent members
of the State Ri hts party.
Thl resolutions of Col. Howard, maintain sub
stanially the following positions:
Ist. That there ought to be-a total disconnec
tion of Government from all banks.
2d. That a National Bank in every shape is
in icon emu lion al, inexpedient and dangerous.
3J. That TrciiawyiiotvS should be issued as
the permanent policy of the country, and lor the
1 purpose cf collecting and disbursing the public
revemes, and to create a National currency.
1 4it. That iho notes of specie paying banks
L ougiit to bo received in payment for Government
| due-—thus eschewing the specie feature of the
, Sui-Trcasury.
, T.;c resolutions of Mr. Alexander, maintain
| 'ti S iijjt the same language, the two first positions
ofC j1- Howard s, 'l’hoy say nothing iu relation to
. th| description of currency ia which the revenues
• o!|£te Government should be collected. They
coiiiemn the issue of Treasury notes as ‘-uu
. coktitutional, inexpedient and repugnant to the
- epfct of our Government. They also recom
1 mfel that the power to appoint and remove the
| Sfbtiiry of the Treasury, should be taken from
r keif.es,dent and vested in the Senate.
; firing thus briefly main positions
- ■Offcese resolutions, we shaH- to-morrow, oonir
I nifs upon them at length.
Mississippi U. S. Senator.
|t appears from the Mississippi papers, that
. Tfflaaas H. WilUamo, has Uecn appointed by
> Gdnrnor McXut, Senator in Congress, to fill the
vnfeacy occasioned by the resignation of James
. F. Trotter. The political principles of Mr. Wil
liam; are not stated, but as the Governor is knoWtt
to d> Loco Foeo, tiio probability is that the po
liticsof the new Senator are of the 'ante cast.
The number of deaths in New-York, during
the vecit ending on the 17th were 129. Ol
tae number there were ofi children under five years
of ag«.
It vas rumored in Ncw-York on the 21st,
j ( bat Mr. Henry Ogden, Cashier of the Custom
riousc, had been, or was to be removed, in con
sconej) ~ of his connexion with tne affairs of the
■Ae c■;! ■ 'tor, Air. Swartwout. Mr. Ogden had
,b-’!d tie oifice of Cas’iicrcvcr since Air. Swar:-
wOuL wjs appointed, and must have had a belter
know lb rge of the condition of the. money rnat
jfrs jliaiiany otiicr person.
The Arkansas Legislature convened on the Oih
ksbat thc scat of government. JCol. Mark Hard
•is elected President of the Senate, and Col. Gil
-st:t Marshall, Speaker of the House.
Vw/
Canada War.
T!u follo-Aiiig io the British vVVsicm of the
finale of tlic Prciuott afifair. It seems the
Patriots ::urrcnJcieil an-J were taken prisoners,
and were not hutehcrcd as was supposed by those
who v. itircsscd the ba'.llj from th; American side
cf the river. The statement of Col. Dundastliat
the loyalists lost but one man, is hardly^rpdita
u*- *
Pur.scoTT, Xov, IG, IS3B.
ir —l have the honor to acquaint you, for the
information of his Excellency the Commander oi
the Forces, that I came down here yesterday from
Kingston, v. ith 4 companies of the 83d licgiracnt,
two IS pounders and a howitzer, and made up
from the town to a position about 400 yards from
the windmills, and adjoining houses occupied by
the brigands.
They did not move or come out of the houses
to oppose my advance. The ISjxmndcrs opened
with good clfcct upon the stone building near the
mill. Capt. Sandon with two gun boats, in w hich
lie carried two 18 pounders, took up a position
below the windmill, which he commanded, but
not with much effect. After cannonading these
buildings for An hour or rather more, and observ
ing the brigands to be quilting them and endeav
oring to escape, I ordered the troops to advance ;
very little resistance was offered by the party oc
cupying the windmill, but a small lire was opposed
to us from the adjoining stone building.
It, being dark bo for the troops got around these
and the brigands in the windmill hav
ing displayed a w hite Hag, they w ere summoned
to surrender themselves unconditionally, which
they did. Eighty six prisoners were immediate
ly secured, and 16 others, who were wounded,
were removed from the mill as soon as conven
ience could be found—-a large supply oi arms, 26
powder mid three pieces ol ordnance fell
into our hand?:.
Some of the brigands effected' their escape from
the buildings when darkness came cn. and hid
themselves in the brush wood on the bank under
the mill. I directed the militia to si out this
bank, and several prisoners w'ere secured, among
others a Pole calling himself Gen. \an Sault,
.. who, it is understood, was the principal leader.
« **A 11 buildings adjoining the mill we destroyed, but
the latter I directed to be occupied by a company
.of Militia, ami propose that it should continue to
be so, or entirely demolished.
lam happy to say the service was performed
wi*.li the loss of one man only of the 83d Kcg’t.
I have the honour to remain, sir,
Your most obedient servant.
H. DUNDAS,
Lieut. Col. 83d Reg’t. Commandant.
Capt. Goldie, A. L>. (J., Montreal.
The Court Martial, for the purpose of trying
the rebels and brigands, commence its sittings this
day. It consists of seven field officers, and seven
captains, all oi the line, with Major General Cli
therow as President. Captain Muller, of the
Royal Regiment has been appointed Judge Advo
cate, with Mr. Solicitor General Stuart as his legal
adviser. It is not expected that any thing will be
done to-day, except formally constituting the
Court, but the real business will probably com
mence to-morrow.
Comm unicated.
Certain visionary schemers arc engaged in at
tempting by alternate cringing and frowning to in
duce the Banks of this city to lend their aid to the
managers of the Geo R. R, and Banking Compa
ny at Athens by the purchase of a million of dollars
of their new stork. Is it possible that the Banks
of this city will second their movements or listen
w ith patience to these quack logic venders—they
I promise rich harvests iu an increased prosperity
I* ...
1 to Augusta—are the holders of real estate in this
city so intimately united in interest with the own
ers of Bank stock 1 It is in same sort true that
the prosperity of the Banks is , dependent upon
that of our citizens—hut certainly not exclusively
to the holders of real estate, are the Banks indebt
. ed for their success.. If the price of real estate is en.
hanccd by extending thy RadJ^gaaHuU^u^re^i-
merer, but upon the enterprising merchant whose
ntcrests are not in the soil, but in the (honied in
stitutions of the State whore he has invested the
. well earned reward of his industry.
Let me not bs understood as refusing to
give a helping hand to this laudable project, in
■ ; which the whole country is so much interested
i but let the reins which have been dropt by the
pahied hand of age be intrusted to a younger and
i and abler one. Let the silver cup and rattle suf
- fieo until another humbug can be “ concocted.”
, My word upon it, when the Planters of the Stale
i of Georgia, in whom is vested, the wealth of the
State are well assured that the Kail Road project
• is no longer under the direction of grown up
children, but of men of capacity, the time wdl not
■ be long distant when you will find this high-mind
ed population pouring in their treasure and lat
i hour to advance the object of a communi-
I cation between tho Ohio, and the Atlantic—they
i know well enough, that it is not the Merchant.
; | but the Planter, who is benefited by an increase
! | in the facilities of transportation, of the coimuo
i dittos of trade.
* j If the project is con luctcd with ability—if the
1 j bantling is not nursed to death by old women
I it must succeed, and the Georgia planter will have
| the satisfaction of behold; tig at his own door
1 i the productions of Europe and the “far West.’’
’ ■ then in Augusta will spring up groat wholesale
’ commercial establishments, at which the interior
dealer can obtain the manufactures of Europe
and supply the wants of the Planter. Then we
shall require the use of all our bank capital and
much more than is now established in Augusta,
and when the business of the local merchant re
' quires money from the banks, he will not be told
1 that for the sake of “patriotism” we have locked
up.all our funds in Rail Road Bank stock.
GEORGIA.
The Washington Globfe of the -2d, contains
the Proclamation from the President, which has
been called forth by this recent renewal of hos
tilifics in the Provinces of Canada.
Byjfic President of the United States ofAmerica.
A PROCLAMATION.
Whereas, there is too much reason to believe
that citizens of the United Shales, in disregard of
the solemn warning heretofore given to them by
the proclamations issued by the Executive of the
General Government, and by some of the Govern
ors of the States, have combined to disturb the
peace of the dominions of a neighboringand friend
ly nation: And whereas information has been
given to me, derived from official and other sour
ces, that many citizens in different parts of the
United States are associated, or associating, for
the same purpose: And whereas, disturbances
have actually broken out anew in different parts
olthe two Canadas: And whereas, a hostile in
vasion has been made by citizens of the United 1
Stales, in conjunction which Canadians and odi- !
ers, who, after forcibly seizing upon the property 1
of their peaceful neighbor for the purpose of effect
ing their unlawful designs, are now in arms against i
the authorities of Canada, in perfect disregard of I
their own obligations as American citizens, and i
of the obligations of the Government of their <
country to foreign nations:
Now, therefore, I have thought it necessary t
and proper to issue this proclamation, calling up- t
oa every citizen of the United Slates neither to
give countenance nor encouragement of any kind
to those who have thus forfeited their claim to the
i
’ prouitfoii t*r ttuir'jcuutry ; upcil thoac misgui
ded or deluded perjaus who arc engaged in them
to abandon projects dangerous to llieirowu coun-
try, fatal to t .o -o whom they profess a desire to
relieve, imprac’i. Able of execution without foreign i
aid, wlrieh ib»F cannot rationally expect to oh- j
tain, and giving rise to imputations (however
unfounded) upon the honor and good faith
of their own Government; upon every officer, j
civil and military, and upon every citizen — '
by the veneration due by all freemen to the
laws which they have a -isted to enact tar
their own government —by bis regard for the honor
and repute' o i ol h;s country—by bis love ol
order and respect for that sarred code ol laws by
which nat.cnal intercourse is regulated—to use
every effort in his power to arrest lor trial and
punishment every offender against the laws pro
viding for the performance of our obligations to
the other powers of the world. And I hereby
warn all those who have engaged in these crim
inal enterprises, if persisted in, that, whatever
may he the condition to which they may be se
duced, they must not expeetShe interference ol
this Government, i|i any form, on their bchall;
but will be left, repflent bed by every virtuous fel
low-citizen, to be dealt with accord!ag io the policy
and justice of that Government, whose dominions
they have, in defiance of the known wishes and
efforts of their own Government, and without the
shadow of justifioation or excuse, nefaiicus'y in
vaded.
Given under my Kind,at the city cf Washington,
the twenty-first day of November, in the year
of our Lord one thousand eight hundred and
thirty-eight, anti the sixty-third of the Inde
pendence of the United States.
M. VAN BUREN.
By the President:
Jon v Foasvrii, Secretary of State.
WEDNESDAY MORNING, NOVEMBER 28.
Fire.
About 3 o’clock yesterday morning, our citi
zens were alarmed by the cry of fire, which was
found to proceed from a dwelling house on the
corner of Washington andTcllair streets, vv.licit
was entirely destroyed. The building was owned
by I’. 11. Mantz. and occupied by a Mr. Broome.
The fire originated from accident.
Eenth Carolina Legislature.
The two Houses of the General Assembly of
this State, convened on the 26th. In the Senate
the Hon. Patrick Noble, of Abbeville, was re
elected President without opposition, and on be
ing ccTiducted to the chair, returned his thanks to
the Senate, in a very handsome and appropriate
address, Jacob Warlcy, Esq., ol Pendleton, was
also re-elected Clerk of die Senate without oppo
sition.
In the House of Representatives, Col. D. L.
Wardlaw, of Abbeville, was re-elected Speaker,
without opposition. T. W. Glover, ol Orange
burg,.was also re-elected Clerk.
Significant.
At a meeting of the Union party hi HUledgo
viilo on Friday evening last, the following rcsolu
-1 lions were passed. They are significant ol seve
■ ral things.
’ Ist. That the Union party feel that as a party
’ their days are numbered—thole dominion is at an
1 end, and for tho purpose of vamping up their
failing fortunes, they arc fishing with a pin-hook
1 for Stale Rights Sub-Treasury men. We retnem
-5 her well how they fished for Troup Union men !
2d. For tho purpose of mending and patching
uo, the broken down administration of Van Bu
' ren, in the South, they nominate John Forsyth
“as the candidate of the South for Vice Presi
dent! Now if Mr. Forsyth be the candidate ol
the South and of the South only, he cannot be
‘ elected ! If he is supported by .other
not merely tickled, why not ndmiitSe
“ candidate of the South” for President 1 The
South is just as potent to elect a “ caiidldalc of
jhe South” for President, os Vice-President, and
therefore why not make a nomination that will
do us some good 1 These Vice-President makers
will hardly claim Van Duren as the “candidate
of the South’’ for President. We do won
der if the people of Georgia will suffer themselves
to be stuff d with such chaff, and cheated with
such contemptible humbuggery 1 Nominate a
man for Vice-President, peculiarly as “THE
candidate of the South,” to be run on the same
ti ket with a Northern man for President, who
must depend chiefly for his election upon North
ern votes ! Mr. Forsyth, as a man and a states
man, we respect, while we differ with him—but
to use his name as “ the candidate 017//c South’
for Vice-President to buy up voles for Van Duren
is a stratagem 100 shallow even for our coiitcn pt.
From the Constitutionalist, cf yesterday.
Mii.lkdukvillk, Nov, 22.
At a public meeting, numerously attended by
members of the Legislature and citizens of Geor
gia attached to the Union Party, Held at Duiiing
ton's Tavern, this evening at 7 o’clock, the lion.
Joseph Hay, of Jones, was appointed Chairman
and James M. Ivelly, Esq., of Houston, was ap
pointed bccrctary. • • ■/
The Chairman announced to the mectingthc ob
jects for which it had been called : whereupon the
following. were adopted by the meeting
1. Re viv'd, That we will sustain the measure
of divorce of Bank and government*;id the
opinion of this meeting is, that such should
he advanced and maintained in general terms, and
tiic details should he left to the wisdom ,of Con
gress.
2. Resolved, That this meeting nominate John
Forsyth, long the representative in Congress of
southern rights, and more recently the able advo
cate of those rights in the Cabin et, as the candi
date of the south for the Vice Presiden y of the
United States; and that every citizen ol Georgia,
alive to her interests, is expected to aid in the ad
vancement of this her favorite son, to this distin
guished office.
3. Re olved farther. That a convention to
represent those in favor of the Sub-Treasury, and
of a strict construction of the constitution; ou
posed to a Bank of the United States, and to any
candidate for the Presidency imbued with high
tariff, abolition, or other latitudinarian notions of
the constitution, assemble at the State House in
Miiledgeville, on tho third Monday in December
next, to nominate the candidate for the guberna
torial chair, to be run by the party, and that the
said convention shall lie composed of the members
of the Legislature of these principles, together
will all delegates sent by our those
counties not represented in ihcir principles in the
Legislature, (the timber of delegates from each
county, to he c iuaUto the number of members
suchgpunty is entitled to.) and these counties not
ihus i dly represented, arc earnestly requested
send a sulii dent number of delegates to make out
a l ull representation in said convention.
4. Re oteed further, That we pledge ourselves
to sustain die nomination which s haiUie m::dc by
said convention, wiiether the same be or not ac- ;
ceptable to us as individuals.
5. Resole d farther. That the forcing be i
published in all the Union.papers in theF.* te. and :
that the editors of su *h papers give to the same I
as nuieli publicity as possible, by sen ng extra j
copies to all the counties in the Suite.
(». Resolved lastly. That th*» proceedings _of
this meeting lie sign d by the Chairman, and coun
ter signed by the Secretary.
And the meeting adjourned.
JOSEPH HAY, Chairman.
JAMES M. KELLY, Secretary.
The Legislature’.
The Western Mail arrived so laIc'IiHhHHHB
that we are unable to give details of
iiigs in the Leri da’.ure. — We extract
ing from the Southern Recorder. JHB
The Legislature has.nothad sufiiei. nt
as yet. c.i of the leading measures pi n IbriKfl
hetore it, to enable us to express any opinion
to what w ili ultimately be done. Several import® 8
an! subjects-Hrust now. die shortly acted tptWwt ■
Among the number, and those' of not the 1 astPi 1
iinporranee, arc the,bi!l3 increasing the banking , 1
capi’al, providing for, and devisin', means for the ■
con: true lien of works of internal improvemen’.
establishing the (on tof 1 rrorg,%nd proridtng
fortlie call of a calivonticn to rcdt> c the umutei
of mcintxrrs in the Legislature. . <
The following are the only su'ject* that have
been finally acted upon, within th pas few days, |
except such as arc noticed in our legislative de
tails.
The hill to extend relief to the sufferers by the
depredations es the Indians on the borders of our"
Stale, finally passed the Home on Saturday last,
by about thirty majority. This bill grants a loan
through the Central Bank, $ 120,000, should there
be surplus funds, for the term of five years, (or
less if the claims of the sufferers shall be settled
.by tho Government at an earlier period,) at six
per cent, interest on notes, in the usual term,
with good security.
The bill to increase the banking capital of the
Monroe Railroad and Banking Company £170,-
000, (the amount withdrawn from banking pur
poses and applied to the construction of the road) •
teas lost in the House, where it originated, on
Saturday, by apparently a decided majority against
the measure.
The Joint Select Committee, to whom was n— ,
ferreJ the memorial from Cass county, impu ing
sinister m Hives to the Hngineor-ln-t'hief, m tho
Iccrtion of the Western and Allan ic Railroad,
have made a report, unanimously e: c dpating
him from any censnrcin the selection ol the route I
f r its locai ot. They express the In li I, that if
ah the facts were known by which be has been
nfucircd, If would be fully acqui re 1 by the
menu ri ill- ts themselves, of any partial conduct,
or want of judgment and discretion, in the dis
charge of his duties.
Our letters this morning, (says the Fayetteville-
Observer, of the 21st Inst.) give us the gratifying
information that Col. Joyner, (Whig,) is elected
Speaker of the- Senate, by a vote 0f23 to 21. It
appears that none of the absentees made their ap
pearance on yesterday morning, but that Col.
Carson, who had voted for Wilson on Monday;
changed his vote and elected Joyner.
The Kingston U. C. Chronicle states that in
the affair with the “patriots” near Prescott, Lieut.
Johnson, of the 83d regiment, Lieut. Dulnagc o f
the Greenville militia, i privates,' and 3 women
were killed. Lieut. Col. Gowan, Capt. Goo Me
Donald, Lieut. Parker, sergeant Clarke, and more
than 40 privates, were wounded.
Twenty-six “patriots” were taken prisoners,
■ and lodged in the fort at Kingston.
Encke’s Comet has been seen by an astrono
mer at New Haven. Professor Smith, of the
Wesleyan University at Middletown, Com, has
also announced that he lias seen I*.
I . ,
r The President has recognized John C. Lang,
; as Consul of P nssia for the port of Philadelphia
, Firs on Ship Hoard.
The Wilmington Advertiser of the 23d instant ,
5 says:—“The schooner St. Cloud, of Prospect. J
" Maine, A. Sweetser, master, loading at this port A
1 - with timber and new turpentine, for New York,!.
caught ike in her cabin from the stove, on the
1 i’lii* tire v.-.is not ux l : ll gUigur(Jflijptxl
' completely
v Great praise i s
'* iho Steamer North C Airrougfe
small engine under the tesscl’s stem and
upon the fire with great success, through the cah« u 33|
s window.” /J
From the Albany Argus Nee. 22.
Capture of “Hill Johnson’* the Buccaneer S
of the Lake.
1 From a letter to his excellency Gov. Morey: da- ’
u ted, Ogi xnsburgh, Rut either IS.
2 “William Johnson was yesterday arrested by
Charles T. Bunvell and A. 15. James, about three
c niiles above Ogdenshurgh. He was traced and
0 touml in the woods by Mr. B. and driven from
. nis covert towards a bay in the river St. Lawrence,
where his son lay in waiting for him with a row
• boat, ready to convey him ay. Mr. James,how
-1 ever, had got young Johnson ashore, taking pos
session of his boat, and secured his oars so as not
to allow a chance of escape. Old ‘Dili* rushed
down to the river, closely pursued by Harwell,
■ where he was met by James. He called aloud,
‘my boat!’ *my boa*. !‘ He was ordered by Mr*
J. to surrender, but he declared ho would never do
. so while alive. He had a pistol in each hand and
swore that lie would sooner die than be taken, and
threatened to shoot the first man that approached
him. James and Bunveil attempted to seize him,
j and took hold of him several times, but he broke
from them and retreated.
“ills son advised him to flee to the woods, he
would help him away if in his power, but that his
Q boat and oars had been taken from him, and he
r had no means of giving him assistance. Johnson
then attempted to escape to the woods, hut was
prevented; and when he saw there was no chance
' ©.‘escape, he came to a halt and offered to sin ren
der, if his pursuers would allow his son to have
his arms. They replied that they did not seek
his arms, but his person. After a parley, consid
erable delay, and a vast deal ol threatening, he
i gave to his son a Cochran rifle (1- discharges,)
f and two large rifle pistols, and then started with 15.
* and J. for Ogdenshurgh. still, however, retaipuxg
-two small pistols and a large Howie knilc,but wluel*
5 in the course of ali w minutes he gave to his son,
, They had proceeded about one third ol a mile,
■ when they were met by a file ol L. b. soldiers, a
■ deputy sheriff from Jefferson, and a deputy I .
S. marshal, to whom Johnson was deJiverd and
> conducted on hoard (He steamboat mH • employ
1 of the government, under Col. W orlh. J hence,
. as will he seen by from Oswego, back
etts Harbor, Ae. ho was conveyed to prison ia
i. Jefferson county •
1 H irrm Mien in, —The Bulletin of Grenada
■ MissGsfopi. date! l t!lc Btl ‘ “ ,st - narrates the par
’ ticul lrs h a 1 ' 100,, - v tra S«ly roccntl >' acte.l in our
. . ‘ The circumstances were as follows:
i a h ,' u iter of Warren county, Mr. Gideon Gibson
A- time since a traet of land on Yazoo, to
?();('- S‘llll- , . ~
... . r with some fitly negroes, on a long credit,
v.il'.in and Simpson, with an agreement on
; ili'e part of Wilson and Simpson, to give Gibson
tile proceeds of their crops annually, in liquidation
j 0 jj 10 debt, and a lien on the whole property* as
j |.„,, r i;v and Gibson agreeing to furnish them
with open land to cultivate for a few years, until
j they could by degrees get a plantation open on
| their own laftd.
For this purpose Gibson rented the plantation
lof tlie Hon. Franklin E. Blumer. Finally, some _
I misunderstanding arose between tho parties, Gib
| son demanded to have the contract rescinded.—
! Vo this Simpson agreed, hut Wilson refused to
giveupthe properly, flu Friday, the 2il instant
: J.ih.-on, ISimpson. Clarke. Monison mid Boytt,
went on to the premises and took oil the negroes
by force. Wilson was in his ov.n house aimed
waha liflo ml a double barrelled gun. As they
passed tho house he fired upon them killing Mor
rison dead and severely wounding boytt; the com
pany rode on with the'negroes, leavin Morrison’s ~
body on the ground. \V dsou to-loaded, cut hITR
! ;