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Fina li U C I
li.tlUliFT LAW MfCUI-IXO.
Fir* rxU2tac£*~-A corollarx —and one
REMARK.
Messrs. Editors : Subjoined I furnish you
a report of the proceedings at a meeting ot a
number of’the citizens of Muscogee, avowed
ly, or professedly opposed u the general
** Bankrupt Law” ol the late Extra Session
of Congress.
It was convened without respect to old
party distinctions. So we understand tle
meeting at Macon,/" svoraUe to that law was
assembled. Placards had teen posted during
the day, to wit: on the 17th utnl., at the in
stance and request ol a very worthy and uui
versally respected citizen, who though never
a violent partisan, was, nevertheless, a firm
supporter ol the whig cause. A*haJf jwst
7 o’clock, P. M., a numlier of the (Slizens, of
iboth parlies—in all, about 150—were in at
tendance at the Council Chamber: of these,
.two thirds we suppose were whigs, the residue
•democrats.
y At first, there existed a universal suspense,
l and all were looking and enquiring for the
of the meeting. No one appearing to
‘■assume the responsibility of a mover, Mr.
PQuin, a gentleman of ready wit, much hu
jtnor and fluency of speech, rose and relieved
Lihe bystanders of the embarrassment which
fa I Qdt. He adverted to the awkwardness
put position that each one flit the meeting
itoJK in, in a manner and style that command
ftjf attention. He then moved that Doctor
PfMtey take the chair; thia was agreed to
VFfihout objection,
Doct. Hoxey advanced to the chair, and
remarked, that he had some doohts whether
he would be a suitable person to preside. He
had called, it was true, as an opponent ol the
bill in question, in some of its features at least;
but that he believed he could yield his objec
tions rather than give up the hill. There be
ing still no objection to his taking the chair,
he acquiesced.
Mr. das. Kellogg was requested to act as
Secretary.
Time was now afforded and opportunity
given for any one, who desired, to submit
propositions. The mover of the meeting still
did not appear. Mr. Quin again rose, and
addressed the meeting with much emphasis
and point, against the propriety of calling
meetings, when the mover of them “ had not
the pluck” to shew him-elf and “ stand up lo
•<.” He litre dealt with severity, and men
passing from this topic, entered upon the sub
ject of the Bankrupt Law. with earnestness
and warmth: confessing his previous commit
tal to the bill; but declaring iiis ignorance of
certarn obnoxious provisions in it, which be
ing ascertained, had caused him to oppose it
with all his power. He iiopeJ he would be
forgiven for his previous support of it, and
felt assured he would not be punished for it
hereafter, lor he had heartily repented. The
f ature that ma nly had elicited his opposi ion
wag this, (he said) as he understood the law.
That it was not applicable lo men of small
means; since no man could have the benefit
of it unless he was able to owe some SSOO in
all. There are many of the most honest tra
ders whose capacity did uot reach to this.—
He understood the law was designed to re
lieve honest but unfortunate debtors. By ex
cluding all dealers below (he capacity of these
sums, the law seemed to him to go upon the
principle that none we<e honest but hose
who were able to owe a large amount—where
as, he was of opinion that, in times like ihe
present, the less a man owed, the more honest
he was. ( This sentiment was followed with
loud applause )
Mr. Kemiiih McKenzie now entered the
Hall, and addressed the meeting. He regret
ted that he was not able to appear sooner,
particularly, that he might have heard all that
the gentleman said, who had just taken his
seat. He would inform him, unequivocally ,
that he was the individual who called the
meeting, an ! was not ashamed nor a I’aid to
• vow it. He saw no just liable cause for
the very harsh rematks the gentleman had
thought proper to make. He presumed this
was a meeting of citizens opposed to the
Bankrupt Law of Congress, and if so, they
understood the object for which they had con
vened, and could now proceed wi h it.
Mr. Quin here rose, and in a becoming
manner, said lie regretted that he had noi
known that the call of the meeting came from
• source so mueh entitled to the respect of
all. If lie had, he certainly would have with
held many of the remarks he had made.
Our honorable and worthy citizen, Mr.
John Bethuue, senior, rose and expressed his
opposition to the law as to some of its parts,
but believed that with certain amendments, it
might boa good law, and become a blessing
to the country.
Mr. Jos. B Greene moved an adjournment
tine die, which was put, and decided to be
lost by the chair. Doubting, the mover mod
ified the motion to au adjournment till “ to
morrow night.”
Mr. McKenzie now moved the appointment
of a committee to report on tommrow night,
and requested Mr. Mark A. Cooper to say
something.
Mr. Cooper raid he fame there not to
speak, but to hear what his fellow citizens
had to say: not to express his sentiments, hut
to hear expressed, the opinions of otiieis
There was now a motion lo adjourn. This,
he said, is an assemblage of citizens of all
parties avowedly to manifest their opposition
to the Bankrupt Law of the late Extra Ses
sion of Congress. For himself he would not
hesitate to affirm here , what briefly he had
expressed in another form. That he consid
ered this to he one of the worst laws, in its
practical effects which Congress had ever
passed, and he doubted not that even the
present supporters of it would realise it in less
than ten years.
To adjourn without carrying out the object
of the meeting, would seem to him to be idle,
and their coming here, toe turned into a mat
ter of ridicule. It therefore was incumbent
on those who moved the adjournment, to as
■igo some reason or purpose of the adjourn
ment.
Mr. Greene said his motion was not t> ad
j turn sine die but, till tomorrow night.
The chair submitted the motion to adjourn,
and was announced to he decidedly lost.
Mr. McKenzie again moved a committee.
Dr. Chipiey moved to adjourn over till the
2nd Monday in January, and, said he, I will
state a reason. It is this: it has been assert
ed, and is believed, that this meeting was de
signed for party effect. Many who are op
posed to this Bankrupt Law, may be kept
away on this account. If the meeting shoulf
be adjourned till then, these will a tend and
express their views. lie therefore.moved the
postponement.
Mr. McKenzie rose and said, 4 can inform
the gentleman that I only am responsible lor
ttiy .cad of the meeting, and he may depend
op jl, there are no party views in it. That it
the meeting was postponed till llte day pro
Ksed, it would never be convened again.
is object was to express his opinions, and
that ihe meeting should invite simila
meeiiujrs in all the counties, that public >pui
iou might be echoed hack to Congress before
tfie first day of February nexq wheu the law
is ryade to take effect. From the second
M“uday in January would be too short a time.
Mr Cooper rose, and said he felt called on
by ttie remarks of the geutleoian, iut|>uii;ig
party'>bjeels to.the meeting, in say a word or
lwo more. Recent occurrences—his presence
here—his present relation to his fellow citizens
fact that he had been requested by the
mover of ihe meeting, to say something, ad
ded to the fact that various persons unknown
so him within tlie crowd had called him out,
atl made it necessary and proper for him to
ajieak to the imputation.
He said he enuld assure all concerned.
m It's ha 1 no h ind in getting up the
meeting, and knew not of it until this after
noon; and probably should not have attend
ed, but that it was suggested by several that
it was proper he should do so.
From ttie appearances, it would seem
s range to him that the sheeting could have
been tor party purposes.
As to the postponement he could assure
the gentleman who moved it, that lie woulii
go wan him for the reasons lie had assigned,
to wit : to increase and strengthen the nppo
ut.itis of Hus law—and would voie with him,
hot he lett it would be disrespectful lo the
wmthy gentleman who had invited us here,
to a. j uirn belore acting on any proposition
he had offered or might stand ready to sub
mit; that much in courtesy was due to him.
As to any effect winch it might be expect
ed tins postponement would ave on himulf
or the party ne was attached to, gentlemen
hi.ght sojourn this meeting over lo the Day
ol Judgrineut.
Jle would observe, however, that there had
been called a meeling recently at Macon, pro
bably without reference to party, which it
was deemed inportaui not to adjourn over to
the second Monday in January; on the eon
trary, it was deemed highly impoitant to act
belore the first Monday hi January next.
That was a meeting of citizens in favor of
this Bankrupt Lair, and without resptet to
party. Why the credit of sincerity should
be given to tlte prolessions of the Macon
meeting, which is denied to this, was not lew;
him to explain.
He would as ure the gentleman who mov
ed the postponement, further—that if a party
io tvhio i he may at any time belong, con and
be made to depend ujxm the postponement of
this meeting or the getting up of the same,
at this time, lie would not turn on his heel
for such a party. For mere party, irrespect
ive of the measures it may adopt he had a
most sovereign contempt. (These latter sen
timents were warmly responded to.)
Doct. Chipiey here replied, that alter llte
assurance ol the gentleman before him, he
now believed there were no party views in
the meeting; still it had been surmised, and
some believed it, and would slay away; there
fore he moved the postponement.
The motion for postponement to the sec
ond Monday was then put and carried; after
which the meeting was adjourned according
<y-
A few rematks, Missrs. Editors, and I will
take my leave :
Observe then, there is a public meeting ol
persons opposed to this Bankrupt One
hundred and fifty in number at Columh s
Ga., a iarge majority of them are wings:
the residue are democrats. The mover was
a whig—the chairman was a whig—the mo
ver of the postponement a chief whig leader;
they sojourned over to the stcond Monday
in January next. The reason assigned for
this is, that increased opposite n may be ex
piessed to the Bankrupt Law after the fiist
Monday in January.
Now ro.. the inferences. —Ist. Musco
gee is decidedly opposed to this Bankrupt
Laic, and would iuvite h r sister counties, to
g > and do likewise.
2nd inference. She is prepared to reverse
the action of the Extra Session on it.
3d inference. A large and highly respecta
ble portion ol the whig party of Georgia in
tend to oppose this law ; die democrats, ditto.
4di Inference. This large and respectable
portion of the whig party of Georgia would
mn postpone this question to the second Mon
day hi January if it were uot for party ef
fect.”
slh Inference. Party, mere party is non
sense, and a curse to any country.
Corollary. —The Argus was right when
it said last week “ the people of Georgia are
opposed to that law.”
Remark. —The effort of Mr. McKenzie
was one ol uncommon virtue and good sense
because it rose superior to paity,and tend
ed to point the people to the only true and
proper criterion of political voting and legis
lating. The first, according to the measures
you wish enacted, and the second, according
to the expressed <>r known will of the consti
tuent, reflected by the real and smceie opin
ion of the representative.
Ve-v ri‘sne<; fullv. I subscribe self,
A FRIEND TO M. KENZiE’S EFFORT.
Encouraging Information. —A proposition
will be very early introduced to repeal the
Distribution Act, and will be likely to suc
ceed. The result of the elections, the failure
of the scheme to prop the credit of the in
debted States, and the small income from tin*
lands during the past year—only $1,700,000
—and, more than all, the decaying influence
ol Mr. Clay, may induce a majority of Con
gress either to repeal the act, or so to modify
it as to confine its operation to a surplus reve
nue, wht never one may accrue.—Washing
ton Cor. of N. Y. Eve. Post.
From the Macon (Ga ) Telegraph.
MILLEDGEVILLE, Dl C. 9 1841.
iVm B Cone , Eq., and. others, Cammittee *
Gentlemen — 1 seize ihe first leisure mo
ment which the adjournment of the Legisla
ture presents, iC reply to an interrogatory
propounded to me by the citizens ol Macon,
relative to my opinion of the Bankrupt Law,
passed by the present Congress at its late
extra session. There can be no doubt of the
constitutional power of Congress to pass'such
a law. Theß;h section of the Ist article of
that instrument confers on the federal legis
lature the power to establish “ uniform laws
on the subject of bankrup'cies ihroughoutthe
United States.” The authority, therefore, to
pass the Bankrupt Law is clear ami un
doubted: but whether it was wise or expedi
ent to exercise the pow er, or whether the de
tails of the-bill w r ere such as the people ol
Georgia would approve, are questions which
every man may determine for himself.
It is some time since 1 read the law to
which you refer, and as I have no copy of it
before me, 1 can only speak of it from recol
lection. My impression at present is, that
the details of the bill are objectionable on
several grounds. The whole character of a
bankrupt law is calculated to retard and re
press the beneficial and humane provisions ot
our own State insolvent law*?, and although
they may be technically separated, yet, the
operations of the one may, in many instances,
supersede in some degree the relief provided
for in the other. I object, too, to the incon
venience to which the citizen w ould be put it
compelled to resort to this act for re ief. In
stead of going to the Courthouse of his own
county, to take the benefit of its provisions, he
would, in all probability,be required to attend
at a point remote from his residence, which
to a man who is truly and really insolvent,
would amount almost to a denial of relief.
The bill, if I mistake not, provides not only
for voluntary, but also for what is called in
voluntary bankruptcy, and consequently in
stead of offering alone a means of relief to the
poor and unfortunate debtor, opens a door
through which the unfeeling and importunate
creditor may harrass and oppress a man
whose only fault may he a present inability
to pay. When we remember the heavy load
of debt which hangs over the great mass of
our people, and which is attributable to any
cause rather than to their dishonesty a
improvidence, I should be extremely reluc
tant to retain without modification upon our
statute book, an ae\ by the details of w hich,
an honest but unfortunate debtor might been
forced to a bankruptcy, which a little lenience
might have enabled him to avoid.
The Bankrupt Law shouid have offered to
“ securities and endorsers,” the same relief
afforded to |l>e principal debtor, and his dis
charge, in my opinion should, ipso facto, have
obliterated the debt as to them, unless they
had otherwise consented in writing; and it
should have been so framed, as not to have
operated a repeal of any State law upon the
same subject, or which exettu**ed any goods
and cliattel* from attachment and execution.
‘1 hese provisions were severaliy sought by
Mr.Payne, of Alabama, and Mr. Clifford, of
Maine, to be engrafted by way of amendment
upon the bill, but were rejec ed. I should
have voted for these amendments if I had been
at that time in Congress; the rejection of
lhem, together with the objections to which 1
have referred above, are such, as to induce
me to believe that the Bankrupt Law, as it at
present st nds, is inconvenient and unequal iL
its provisions, and capable of being made
much less objectionable to the people ot
Georgia than I conceive it at present to be.
Your obedient servant,
EDWARD J. BLACK.
The following letter from Edward J. Black,’
places in its proper light his position, ami ;
that of his democratic friends in the Senate,
in relation to the printing of the documents
and papers relating to the Trezv&nt claim.—
Constitutionalist.
• Senate Chamber, Milledgevillf,
December 4, 1841.
Dear Sir—Y'our favor of the 2d inst. with
the newspaper, were duly received, and your
statement of what you supposed was the sub
stance of my observations on the Trezvant
era: is entirely correct. The committee to
whom that case had been referred, presented
tithe Senate a volumi aus document con
taining what was 6aid to he the evidence and
argument of the claim. A motion was made
to print it. I opposed the motion to print,
because w-e had no money which at this par
ticular juncture we could afford to spend in
that way. The State’s treasury is not redun
dant—on the other hand we are in debt, w.th
ample resources, however, to pay every dol
lar vve owe, if time and a little forbearance are
allowed to render our means available, more
especially if those who control the legislation
of the State will refrain from making any
other appropriations of money than such as
are absolutely necessary to answer the lately
reduced expenses of the government, and to
maintain the credit of the State. To effect
this desirable object, it is indispensable to hus
band our resources, in order to avoid the ne
cessity of ultimately burdening the people
with a heavy tax to meet engagements with a
proper regard to frugality and which economy
might be fully and honestly met without ap
pealing to t ie dernier resort of taxation.
I said vve were not able to pay this claim
at tlfs time, even if it be a just one. Os the
merits of the claim I knew nothing, and there
fore declared positively and distinctly to the
Senate that I would not now either recognise,
o.‘ deny its validity. It rnigh', or it might not
ne just, but even if it w ere a just claim, vve
could not pay it at this time, simply because
v e were not able. Whenever vve were able
to pay, I would be willing to print the argu
ment and evidence of the claim; and if, upon
mature deliberation, it was found to be a just
one, I would give my vote lo pay it. r.
Smith, of Camden,replied that he would pay
it, if found to be just, even if he had to tax
his constituents to the last dollar to raise the
means. I rejoined, that I was not willing to
tax my constituents “so the last dollar ” for any
purpose, but I had no doubt the Smte would
work ou’ < f her difficulties, and then, if the
Trezvant claim, *r any other demand against
the Btale, was found to be correct, I would be
the last man to object to paying it. But until
that period arrived, I hold it to be a waste of
tune and money to print a voluminous docu
mjnt, upon which in our present pecuniary
situation, we were wholly unable to act, either
negatively or affirmatively.
The above is substantially a true account
of what occurred in the Senate relative to the
Trezvant ciaim, at least so far as I am con
< erned, and I give it not with the hope or pur
p >se of convincing the heated conductors of
partiz in presses of tire injustice that has been
done me by tin* garbled statement,tha I would
oppose th s claim “even if it be a just one
but to show to the honest and unprejudiced,
of all parties, that the attrek thus insidiously
made upt n ihe democratic part}', through a
misrepresentation of my position, is founded
neither in truth or in fact.
I would not trouble you with this letter if
our friends here did not deem it proper I snould
correct the error into which the unsuspecting
might fall from the extract lately published in
the Augusta Chronicle from the columns of
the Richmond Whig. Therefore, for the
purpose of doing justice to our friends in the
Sena e who thought proper to vote witli me
against the motion to print, and to place my
self right before the public, I request that you
will publish what I have written, that the
correction of the error may be co-extensive
with its promulgation
Yours very trul,r, ED. J. BLACK.
OFFICERS OF THE U. S. BANK.
In the Philadelphia Daily Chronicle of the
15th inst., we find the following presentments
of the grand jury of the courts of Philadel
phia, against the officers of the U. S. Bank:
1 0 THE HON. COURT OF GENERAL SESSIONS :
The grand jury for the county of Phitadel
pliia respectfully admit to the court on their
solemn oaths and affirmation, the following
statement of their proceedings :
On the 12th day of November, 1841, a pa
per containing charges of a criminal nature
against certain individuals, and which is here
to annexed, marked 8., was presented to the
Grand Inquest now inquiring for the county
of Philadelphia, by a responsible citizen, w ho
pledges himself to make good his charges,
aid be the prosecutor. An accusation, com
ing in such a shape, the grand jury lelt it to
be an imperative duty to investigaie. Sub
ptunas were issued lor all the persons named
as witnesses by the person making the accu
sation, and for such others wffio, in the course
of examination, was found to be cognizant of
any material facts having relation to the
charge.
A full and searching enquiry has been in
stituted, and the deliberate opinion of the
grand jury is, that certain officers connected
wnh the United States Bank, have been guil
ty of a gross viol ition of the law’ ; colluding
together to defraud those stockholders who
had trusted their ail to be preserved by them.
And that there is good grounds to warrant a
prosecution of such persons for serious crirn
mal offences, which the grand jury do now
present to the court, and ask that the attorney
general be directed to send up for the action
of the grand jury, bills of indictment against
First—Nicholas Biddle. Bomuel Jaudon,
John Andrews and others, (to the jury un
known) for entering into a conspiracy to de
fraud the stockholders of the Bank of the
United 8t ites, of the sums of $400,000, in
the year 1836- And endeavoring to conceal
the same by a fraudulent and illegal entry in
1841-
To sustain the above—Endorse—Austin
Montgomery, Capt. Henry Mallory, Henry
Horn ; as accusers, Moses Kempton, Edward
Coles, J. S. Newbold, Joshua Lippencot, Jon
athan Patterson, Thomas Taylor and William
Drayton, as witnesses.
The grand jury on their solemn oaths and
affirmations, do farther ask that a bill of in
dictment may be sent to them against—sec
ond.
Nicholas Biddle, Joseph Cowperthvyaite,
Thom is Dunlap and others, (to the jury un
known) for entering into a conspiracy to de
fraud, 6l c. the stockholders of the Bank of
the United States during the years of 1833-
7,8, 9, and ’4O, by which the stockholders
have been defrauded out of a sum or sums of
money exceeding $300,000.
To sustain th ; s bill—endorse the same ac
cusers as in the first case—as witnesses, Mo
ses Kempton, Edward Cole, James S. New
bold, Joshua Lippincott, Jonathan Patterson,
T’hos Taylor, William Drayton, Joseph Cab
ot, Rodney Fisher, Richard Price, and Geo.
Handy.
The grand jury, on their solemn oaths and
affirmations, do farther ask for a bill of indict
ment. rm-’ - • Alevandcr Lardner, Thomas
Dlinlap, Richard Price, Law ience Lew is, and
George Handy, and others, (to the jury un
known) for feloniously. &c. conspiring to cheat
and defraud the stockholders of the United
States Bulk of Pennsylvania, of the sum or
sums of about $130,000, in the year JB4O.
To sustain this charge, the same accusers as
on the others. And as witnesses, Moses
Kempton, Edward Coles, James S. Newbold,
Joshua Lippencot, Jonathan Patterson, and
| Thomas Taylor.
The grand jury wrnuld also inform the court
j that this (the jury) have before them another
| subject of much importance, and which in
j volves a misdemeanor of the gravest charac
; ter, as committed by a magistrate of the
[Southwark, whose duty it is to pro’ect the
j citizens and their property, instead of conni
iving with buroiars and thieves; taking the
[money that they had sto en, and then allow
; ing them to escape justice, and to prey again
I upon the community. With respects, &c.
“f. H. TOWN, Foreman,
Grand Jury Room, Dec. 10 )Btl.
1 FTTER (B.)
I charge Nicholas Biddle. Joseph Cou’perth
j vvaite, Thomas Dunlap, Samuel Jaudon, and
| John Andrews, with fraud and theft, in taking
i and using for their own benefit and accommo
dating their friends, the money belonging to
the stockholders of the United States Bank,
which they were liberally paid to guard and
not to abuse; my proof is, the report of the
investigating committee, made to the stock
holders in April, 1841.
As to the above being a breach of trust
! only ; ’tis not so; ’tis too idle and insulting to
i be pre'euded or entertained for one moment,
[away with it then and forever—these men
; were servants, and paid for their services, so
| are your family domestics to whom yon give
in charge your plate, and othfr valuables.
! But if they appropriate it, or them, to them
j selves, they are, unhesitatingly charged with,
i and proceeded against as for theft, and why
j not N. Biddle and the rest.
AUSTIN MONTGOMERY.
On motion of the attorney general, the
court directed ben h warrants to be issued
for the persons presented.
In reference to the above charges the edi
tors of the Chronicle comment as follows:
The Presentment of the Grand Jury
There was quite an excitement in the court
of general sessions yesterday morning, incon
sequence of a rumor being prevalent that the
court w r ere about to take so/ne action in the
matter of the presentment of the prand jury
against certain officers of the United States
Bank. The court sat in bank. The : rand
jury were sent fur, and upon their coming in
to court the presentment was read and filed.
It charges Nicholas Biddle, Samuel Jaudon,
John Andrews, and others with conspiracy to
cheat and defraud the widows, orphans, and
others, the stockholders of the United States
Bank, of various sums, and wiih endeavoring
to conceal the same by illegal and fraudulent
entries in the books of the said institution.
These are grave and-e’ ious charges. Tha/
fraud and peculation have characterised the
doings of the ex-officers of the United States
Bank, no one can deny. The proofs are be
fore the world. They are to be found in the
report of the investigating committee of April,
1841. That the officers mentioned in the
presentment were cognizant of these frauds,
is placed beyond a doubt.
The grand jury must have had good and
sufficient evidence before them, or they would
have made these charges. They have pro
claimed to the world the names of the accu
sets and the names of the witnesses—they
have shrunk from no responsibility in this mat
ter, and we think they are justly entitled to
the thanks of the community for the bold and
decisive s:ep which they have taken. It is
said that a wrong known is a wrong deceas
ed. ‘Hie grand ju y have made the wrong
known, let me law officers of the common
wealth do their duty, and bring the wrongers
to justice. We however, fear that the wealth
and influence of the parties accused, will
prevent their ever being brought within the
pale of the law. This should not be. VVe
have heard but one opinion expressed in re
lation to the matter, and that is in commend
ation of the spirit and energy displayed by
the grand jury. Surprise has been manifest
ed by many, that the presentment should
have been in the hands of the court from
Saturday until yesterday, without their mov
ing in the matter, it is said that the parties
accused have had, if not official notice, at least
semi-official notice, and if they had chosen to
decamp, they might w i’.h impunity. Only two
of them answered by their attorneys, when
their names were called. VVe are sorry to
see the President Judge and one of his Asso
ciates, take a stand in opposition to the step
which the grand jury have taken in this mat
ter, and to the almost unanimous wish of ihe
community.
Judge Barton, we know, has exp-essed it as
his opinion from the bench, on more occasions
than one, that the grand juries had, and ex
ercised too much power, and th s opinion was
reiterated in a remark yesterday morning, at
the time the presentment was made. We
have been, and are still, much of the Judge’s
way of thinking upon the subject, but must
differ with him as it regards the present case.
The Presentment Case. This case
came up tor consideration yesterday, before
the General Sessions, on the motion to quash
the paper submitted by the grand jury. He
gave his reasons in detail, and stated various
objections. A question w’as raised, w’hether
the paper shouid be considered a presentment
or a biil of indictment, on which point the at
torney general spoke for some time. All the
parlies presented, are now represented by at
torneys, except Mr. Cow’perthw’aile, against
whom a bench w’anant lias been issued. It
is likely that this matter will occupy the at
tention of the court for some days. The
Philadelphia Gazette states that the parties
presented, are represented by counsel, as ful
iovvs:
For Nicholas Biddle —John M. Read, Esq.
For John Andrews—H. M. Philips, Esq.
For Richard Price—Eli K. Price, Esq., \\ d
liain M. Meredith, Esq.
For Samuel Jaudon and Law rence Lewis
—John Cadivallade r , Esq.
For Alexander Lardner, George Ilandy and
Thomas Dunlap—ll. J. Williams, E<q.
Philadelphia Inquirer, 16di inst.
The Ladv in Black —A few* days ago, a
merchant of this city was presented with a
note, payable at sigiit to the bearer of it, who
was a lady dressed in black ; but being rather
dubious as to its correctness, he stopped is
payment and instituted au inquiry. The re
sult of the investigation was the arrest of the
lady in black- On Monday last, she was
brought to recorder Baldwin’s private office
for examination; but his Honor having oc
casion to go down stairs, he turned the key
in the lock, and when he returned agajn he
found that the bird had flown —she having
made her escape by jumping out of the sec
ond story window, a distance of some ten or
twelve feet from the pavement. She was ar
rested a few hours aiterwards, however, and
yesterday morning, under the name of Ellen
Perkins, and a half dozen aliases, she made
her appearance before recorder Baldwin, char
ged r ith having forged the following dratts :
One for SIOO, drawn by David Moore, ot
Tuscaloosa, m favor of Mrs. Harr.et Moore,
on Martin, Pleasants & Cos. which was paid
on the 271 h of October last.
One lor SIOO, drawn by C. Conner, of
Nashville m favor of Eden Perkins, on Gal
braith, Logan &, Cos. This note on being
shown to Mr. Conner, was pronounced a for
gery.
One for SSO, drawn by John B. Hogan of
Mobile, m favor of Mrs. Mary Vincent, on
Gardner, Sager & Cos., w’hich was paid.
She was remanded to prison ior further ex
amination, as there are several affidavits to
be made against her, and bound over to ap-
jiear at the Criminal Court in the sum of
§IOOO, on each indictment.
This is lhe same lady who tried to obtain
§•>o from the captain of the steamer Express
Mail, on a draft purporting to have been
drawn by Birney Marshall of Louisville, Ky.
And last though not least, one of the charges
against her, is that of being a fugitive trom
justice, she having forfeited her bonds tlj ap
pear at the Criminal Couri last summer.
IS. O. Crescenl U llV;
THE T iMES.
COLUMBUS, DECEMBER 30, 1841
FOR CONGRESS,
WALTER T. COLQUITT,
EDWARD J. BLACK,
MARK A. COOPER.
THE CONGRESSIONAL ELECTION.
It is hardly necessary, we presume, to ap
prise our readers that, on Monday next, an
election is to be held throughout this State,
for members of Congress, to supply the va
cancies occasioned by the resignations of
Messrs. Alford, Dawson and Nisbet. It is
equally well known that the Democrats have,
with great unanimity, selected as candidates
for these vacancies, Messrs. Colquitt, Cooper,
and Black—gentlemen of talent, integrity,
and political weight—while their opponents
have, we dare say with equal unanimity, se
lected Messrs. Dougherty, Gilmer and Wright
“to go to the head of the column, and bear
up the standard of Whig principles.” These
gentlemen* in connection’ with the quotation
just made, revive singular reminiscence-:, to
which, perhaps, it may not be inopportune to
allude at this particular’ moment. There is,
we believe, at this late period, very little dif
ference of opinion among the intelligent men
of either political party, as to the real causes
which produced a change of administration,
substituting General Harrison for Mr. Van’
Buren. While some of the Ifarrison merVof
the South contend that the establishment of a
Bank was.the cardinal question in the contest
of 1840 —and others in the same, section g
no farther than to assertJhat a reformatimrof
nameless and indefinable abuses, and the in
troduction of the rnillenium, were the specific
matters involved, and upon which the political
war was waged—the Northern portion of the
same party avow that the protection of do
mestic industry was one o', if not the princi
pal object expected to be accomplished by the
substitution of anew administration. These
different purposes and designs, all involved,
to a greater or less extent, in the progress and
termination of the political campaign ot 1840,
seem yet to be tolerated, at least by the Whig
party in Georgia, in all their original length
and breadth. Here, fealty to the par y—the
preservation of its integrity—adherence to
its local policy, and union in all necessary
measures to maintain Slate ascendancy,consti
tute an acceptable member of the Wiiig par
ty, irrespective altogether of any and every
opinion connected with national politics—say
ing and excepting only that you must swear
eternal opposition to Mr. Van Buren, and the
prominent men who were connected with him
in the administration of the general govern
ment. To this day we do not understand
this feature or characteristic of the Whig
party of Georgia, to be materially changed.
And as an e\ idence (f the variant character
of the purposes and de gns of this party, and
of their existence in this State in their great
est latitude —it is hut necessarv to direct pub
lic attention to the political principles of the
gen'lenten now the candidates of the Whig
party for the vacant seats in Congress.
We have not aught to say against these
gentlemen in any other than a political point
of view. As difference of opinion constitutes,
in our eye, no crime ; and as we have never
known a cause promoted by the employment
of personal obloquy, we shall, in nowise, imi
tate the example of the Whig press, or at
least of some portion of it, by dealing in coarse
abuse, as vulgar and as violent as it is unmer
ited.
Mr. Gilmer and Mr. Dougherty are known
to the people of Georgia—as well from the
possession of more than ordinary talents, as
by having discharged, with ability and honor,
the duties of some of the most important of
fices of the state. Os Mr. Wright, the third
candidate, less is known; arising, it is said,
from his youth and his political inexperience.
Suffice it to say, Messrs. Gilmer, Dougherty
and Wright are highly respectable gentlemen,
and worthy and efficient members of the
Whig party —as that party is now constituted
But our objection to them, and, as a matter of
course, to their election, rests wholly on po it
ical grounds, and these we shall briefly state }
contrasting them with the qualifications, polit
ically, of their opponents.
What are the opinions of Messrs.
Dougherty and YVright? The first is under
stood, and ive learn this impression is derived
from undoubted sources, to be opposed to a
Bank of the Unite! States—to the Bank
rupt Law —to the distribution of the Public
Lands among the stales, and indeed to almost
every act of the late extra session of Con
gress—yet he is an acceptable member of the
Whig party, because he is in favor of pre-er
ving the integrity, or rather the supremacy of
that party in the state, and was a violent op
ponent of the late administration. Mr. Dough
erty, on the contrary, has, we believe, com
mitted no opinions to paper, respecting the
prominent topics of political consideration at
the present moment -yet an impression is
prevalent tha*, in matters of national concern,
he is not so thoroughly marked in his opinions
and predilections as iMr. G'iiner, while he is
equal y devoted to li’ts party in the stale, and
was equally hostile to the administration ol
Mr. Van Buren. YV® learn
tne W lii*r press ti M V* is ev. •;
worthy of tho c- • ! >f ‘ hat y
and that, in opin
ry inch a Whig.
It will not be ve presume., ’ t•’
people of Georj is; • i1 do :iov
entertain, distinc ‘ * •>’
of the questions tt.una interns’ . :
now the subject: f c-.-n-- •'oration; a: and tnat
these opinions an nowise approoatory of
the principal acts of the present administration,
since its elevation to power, is a matter, wc
think, quite as distinctly ascertained. How,,
then, can the p ople of Georgia mos’ effectu-!
ally give effect to their peculiar views of pun-j
lie affairs, and secure the adoption of these
views J Bv the election of Mr. Gilmer, Mr. i
Dougherty, or Mr. Wright, even although
one or afi of these gentlemen, in whole or in
part, entertain opinions held by a majority of’
the people of this
far trom it. These gentlemen were all in
strumental in giving the electoral vote of
Geoigia to General Harrison, and, by conse
quence, in fastening upon the country these i
highly objectionable measures. If elected to i
Congress, as members of Congress how can
they do otherwise than support the men, if
not the measures of the Whig administration!
And how are these objectionable measures i
adopted, but by promoting, in the first inski nee.
to influential stations the advocates, the sup- j
porters of them ? To what leniency, to what :
forbearance, :s a southern member of Congress
entitled from his constituents, when lie avows j
his inability to thwart the pernicious acts ol ;
men, whom he has been himself instrumental
in raising to power , with a full knowledge of \
their precious political opinions ami acts! —;
You must go to the root of the evil, if you i
expect to administer an effectual remedy-
You must select men, whom you know must
necessarily exercise a controlling influence in |
public tfftairs, with a special eye to their par- j
ticular opinions on all cardinal points, and not
“ with a feeling akin to generous confidence.”
Mr. Gilmer particularly, or Mr Dougherty,
or Mr. Wright may condemn many of the j
measures of the Whig administration, yet
had they, or either of them, any assurance
previous to the election that, these measures
would not be urged ! On the contrary, must
they not have seen from the political complex,
ion of the prominent and especial advocates of
Gen. Harrison at the North and West, tint,
in the conduct of the government, the pecu
liar opinions of the South would be altogether
subor-Jinaie—yet personal antipathy ai.d local
considerations induced them to overlook tbh
consequences of the step they were taking.
Are such men safe politicians —statesmen to
whom ought to be entrusted* at ti e present
juncture, the manageinent of our po itical al
fairs, “vVho hug the substance, while thev
fight the shadow”/ Where now, even a* tins
early day m the history of a Whig AtSoinis
t ration, does all honorable member of Congress
from this State* who daclaHed’ that lie “ wad
with his party in opposition to Mr. Van Burem
and in support of Gen. Garrison, wi'h whose
constitutional opinions he tons not altogether
pleased" —wheie, we say*does this h •riorable
gentleman now find biuk-eli ? Iti what straits
has he allowexl devotion to party to d> ive him /
Is he not,almost at this very moment, making
a vam effort to stay the very t rrent lie con
tributed to put in motion, while tlie very men
whom party induced him to support are now
ask-rig hi ii, with officious insolence, how he
dare lift up his voice against the 1 bone a id
sinew of the ‘ '< trig party, against those who
fought the battle, ara! won the victory--how
he, who was sufficiently honored by being
permitted to bring up the rear of this immac
ulate par y, dare obtrude the “ narrow and in
sufterabie doctrines upheld in Georgia” upon
the consideration ol Congress, and especially
to expect for them the coun'enance or regard
of the Whigs proper —the Whigs essential
—the YV lugs exclusive ! How does this hon
orable member fancy Ins present associates....
his new comrades in the political field ! Their
reception ci him is certainly any thing bui
courteous. Perhaps, however, lie is sufficient
ly recompensed by aiding in the preservation
of the integrity ol the party at home, although
at the ex ease of painful agony abroad And
yet support is asked for Messrs. Gilmer,
Dougherty and Wright who are, to some de
gree, responsible for all these odious measures,
by promoting and sustaining lhe very men
who have had the principal agency in obtru
ding them upon the country. How farcica]
—how ridiculous, to attempt to delude an in
telligent people by political management ol
that descriptio- ....so shortsighted and improper.
i he Democratic party, on the other hand,
present for office men who eariy discerned
ihe evils which would surely flow from the
elevation of Ilarrison....and who hesitated not
an instant as to their political course., .who |
knew that opposition ‘o the men, thereby to’
prevent their attaining power, was the most |
effectual mode to suppress acts which would j
inevitably attend their success. The worst j
predictions of Messrs. Colquitt, Cooper and j
Black have been realised, not only, wo believe,
to the satisfaction of every Do.nocrat, but!
of every intelligent Whig who yet retains any j
reverence for the doctrines of the Republic m j
party. Support of the candidates of the De
mocrucy, at this particular moment, is a mat.
ter of imperative duty with all who wish to
reestablish the cherished principles of the
South, as these gentlemen take a proper view
of the matter, are sensible that no effectual
mode can be adopted to check this pernicious!
course, but by exercising a stern and uncom
promising opposition to the men who give thej
impetus, and are chiefly responsible for the
action. They will seek to remedy prevailing!
and apprehended evils by eradicating the
cause ; or by inflicting on it public condem-1
nation to such an extent as to paraiise its ef
forts, and destroy its influence....and not like;
their opponents keep it in full vigor by ex
pressing undiminished confidence in its integ
rity and purity of motive.
MR. WISE, OP YA.-TIIK EXTRA
SESSION.
This gentleman has recently addressed a
letter to certain individuals in Virginia, in re
ply to an invitation to a public dinner. We
regret our inability to publish the letter entire
ihis week : itsha‘l appear in our next publi
cation. YY'e have found room for the conclu
ding paragraph, which sums up, in truly
graphic style, the acts of tho late extra session
of Congress. YVe recommend the extrac* to
the attention of oi*r reader? and ask t ■ •'* ?
careful consideration, coming as it dies rr ;
an individual who, if he be not a YY'hig, nee •
no proper or improper occasion to exhih his;
bitterness toward the Democracy, The day
,s approaching, and i distant, wh * ®ry
Republican will respond, with a cm dial amen,
jt the sentiments contained in the extra t we
.t day publish from the le ‘erof Mr. Y* ,-e.
Consul to Havana —It will be gratifying
to the friends of James S. Calhoun, Esq, to
learn tha’ he arrived safely at Havana, un the
3rd of this month.
TMR JHXOaiTV PttOTESf.
YY'e fin 1 among the proceedings of the
House of Representatives of this State, on the
Bill inst., a formal statement of reasons, by’
the minority of that body, for their course on
the Report and Resolutions of Mr. Howard.
That statement will be found in this paper—
and it is really difficult to determine whether
it is chiefly remarkable tor brevity, or for fee
bleness of expression and argument. To
gether, they form probably its great and only
characteristics.
This Minority Protest is signed by forty
two, out of more than two hundred members
of which tho House o! Representatives is com
posed ; an 1 it cannot escape attention that
certain honorable members—attached to the
Whig party—of some note in its ranks—
and whose actual opinions on all of the topics
embraced in the Rejiort and Resolutions of
Mr. Howard, are matters of curiositv and o*
; inquiry throughout the State—either negpect
i ed or declined to affix their names to this sin-
J gular document Among them, we may in
: stance tho Chatham Delegation—an honor
i able member from Clark —and an honorable
! member from Baldwin, himself the author, al
! so, of a report on national politics. One, how
ever, can readily perceive, we think, why he
is found among the missing. The Minority
Report of he member from Baldwin says that
| “ the majority of the Republican party were
for years, probably, opposed to the Bank,’*
while the Minority Protest affirms that “the
constitutionality of such an institution ” fU .
! S. Biuk) “is fully admitted by a majority of
the people of this State and of the United
1 S lies,” an<l by a “ majority of the Republican
| an 1 State Rights party since the foundation of
the Government.” It is at once apparent,
therefore, why the adoption of both papers
woa.d hardly be compatible w.thconsistency :
the one admitting that “ a Bank was for
years, probably, opposed by a. rnaj >rity of the
Republican par y;” aid the other affirming
precisely the reverse. There is*-also, another
assertion in ihe above extract from the Pro
test,which would scarcely be endoisedby a
gentleman of the proverbial political prudence
and sagacity oi the” honorable tumuler fro nr
Baldwin. It is the declaration that she con
stitutionality of a Bank “ is fully admitted l>y a
majority of the people of Georgia.” We
thought the idea was exploded throughout the
country, and quite as touch in Georgia as elsc
ivnere, that the election oi 1840 turned upon
any one principle, or any special interpretation
o: constitutional power. YY'e infer, therefore,
that, no prudent, politician, alive to the facts,
and to Ins own political security, would open
ly endorse the declaration that a majority of
the people of this State believe tu the consti
tutionality of a United States Bank.
Tne second paragraph in the Minority Pro
test refers to the veto power belonging to tho
Executive of - tlie'U. States—and the correct
ness of its statements,’ and the clearness with
vbich’Lt sets fo'tffErihe adcusl opinions of the
signers as to the proper arrangement of this
veto power, are worthy of special remark.
No attempt is making, in the opinion of these
orty-two gentlemen, to abolish 1 the veto
|>>vver. Now wh*e constitutes an attempt?
To make it, is the agency of’ one or oi one?
hundred necessary! Os can ‘it not be as ab
solutely made by the former as by the latter
rib .Tiber ? That the-attempt has been made.’
agreeably to political parlance,’we do not sup
pose aumi sofa doubt. “ \Ve are opposed to-’
the abolishment of the Veto power ” — but not
to its modification, or to is rootuSu ction, (a V
the case might be) why not add ! Instead,’
however, of apprising t he people of their act ua 1
vie .vs as to a modification of the- power—to’
satisfy those particularly who are unable to
see, in practical effect, the distinction between
an abolition and a modification of this power,
and they are by no means inconsiderable in
number —the Protest is enveloped in the most
utter darkness.
Tne third and last topic is tlie case of the
vole of xMr. Berrien for Mr. Everett. “ YY'e
do not believe (<ays the Protest) that our
Minister to England is a practical Abolition
ist,” and we are “ confirmed in this belief'’
because Mr. Berr.en “ voted to confirm his
nomination ;” or, reversing the language of
l the Protest, would it not, probably, approach
I somewhat nearer the fact to say. because Mr.
j Berrien (what possessed the man to do it, thus
| to involve us in this difficulty with our polit
ical opponents !) voted to confirm his nomine
! jon, we must not “ believe that our Minister
! to E gland is a practical Abolitionist.” Why,
! then, in the name of common sense, not vote
| apainst the resolution which censured Mr.
Berrien for this official act ? If gentlemen
were confirmed in the belief that Mr. Everett
I is not a practical Abolitionist, they were cul
pable not to stand by their w distinguishe l
Senator,” who, in the language of the honor
able member from Baldwin, is entitled u to
the thanks of the whole South ” “ for tftes sig
nal ability with which he lias sustained the
! interests of Georgia, and the rights of the peo
ple of the whole Union :” or, in the equally
! nervous language of the Savannah Republ.-
can, and in reference to this very case, his
vote lor Mr. Everett, “ for the true American
! feeing” of the distinguished Senator—“or
Southern feeling, if that term is preferred.”
Why, we again ask, treat Mr. Berrien thus
; shabbily after riis devotion to “ the interests of
Georgia”—and the exhibition of his “true
American to refuse to vote against a
; resolution upbraiding him, in the severest
manner, for his support of an individual on
i account, of his Abolitionism—-when certain
gentlemen are “ confirmed in the belie j “that he
!is no Abolitionist / YVhat an extraordinary
and singular mode of requiting an individual
for important services rendered—-for great
sacrifices made, and for unexampled devotion
ito the public weal! If Mr. Everett is not a
! nractical Ab -litionist, why, after reiterating
their belief that such was the fact from their
I places in the Senate and in the House, did
Senators and Representatives, embracing a
1 whole party, decline to vote, thereby showing
‘Hie whole ’king ‘■> ■->'’ r( ’ <'e :ar
tht r comment fir explanation. Vi uy, the:
when the evidence is clearly ore- nted—in
an authentic anti official form—that ‘ • r. Ever
ett. does entertain the opinions conta.oe ! .n the
resolution upon which *fv Whig y.v.y’.y ,
i fused to vote -<•;>!!. one which every Southern
; man at or e acknowledges const note ‘he
j practical \. *• •'it• mst —.why (lien, we say, rr
i ppa the sincere declara i..n that y i, do net
believe Mr. Everett to be such, having \our
; selves furnished the veryhest evidence, of a di‘*
| ferent opinion really, ov your refusal to sue
! tain “ the distinguMif and Senator *