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Even the poof st cottage welcomed the fes
tive season web gresi decora!ions ci bay and
holly—the riieeiiul fin? > laueei its rays
through the i. nice, i;.v itmg the passenger to
raisi the late!;, st; <: join lln g<>?;;:p knot htlddli d
r« ti '.tl the hr-itb. b• gttiii..g the long cv euii.g
with legendary jokes, ai.d oft told Christmas
tales.
Oar of the pleasing effects of modern
r< ma meet, is the sad havoc it has made among
tin L. arty oid Jmb.day customs. It has com
ph lily taken off ’die sharp 'oticbi gs and spi
lite d relief: of these mil). ilishmenis of lite, and
has worn down.si-ciety into a more smooth and
polish: d, but certainly less charartcristic suf
fi.ee. Mai vet rile gam: s and ceremonials oi
Christ tr.tts have entirely disappeared,-am!, like
the shcriis sack ofFulstaff, are b..come matteis
of sp. culati: n ;;t.d dispu'e among cow-met ta
tois. Th: v (lotii ishi d in times full ot spirit
and lust; hood, v. him men e. j »ycd hie roughly,
but h.artiiv and vigorously : lin ts wiid at.it
j ffciurvsque, which have tur.;i;-hed poetry' with 1
its richest materials, and the drama with its
most attractive varktry of charactcis and
man ers.— The woild’has become more world
ly. Th.-re is more of dissipation, and less o!
enjovme. t. Pleasure has txpai.did i.to a
broader, but a shallower stream, and has forsa
ken matiV of those deep and quiet channels,
u here it flowed sw telly through the calm bo-
Enni'of domestic life. Society has acquired a
more enlightened and elegant tone; but it ha.*-
lost many ofils Strong local pi culiriritb s. its
homebred let li gs, its honest tires l . Ie d< lights.
The ir.'.diliotitiry customs of golden-hearted
antiquity, its feudal hospital ties, and lordly
wi.ssuili gr,have passed away with tne biro
vial cits-ius ai d stately manor-houses in which
11 y were celebrated. —They comported with
the shadowy hall, the great oaken gallery,
uid :he t.tpeslrioi parlour, but are U flitted
or the light showy saloons and gay drawing
foonis of the modern villa.
Shorn, howe-er, as it is, of its ancient and
f stive honours, Christmas is still a period ol
delightlilt excitement in E gland. It is grati
fying to see that home feeling completely ar
ciirsed which holds so powerful a place i.:
cvt.rv E iglish b isoin. The preparations
making o i every side for the social board th it
is ng in to unite friends and ki .fired—the
presents of good cheer p issing and repassiug.
those tokens of regard and qutekeners of feel
ings—th? evergreens distributed about houses
and churches, emblems of peace and gladness
—all these have the most pleasing effects in
producing fond associations and kindling be
Devoleut sympathies. Even the sound of th
waits, Hide as may be their mi slersly. breaks
upon the midwatchc’S of a winter night with
the effect of perfect hirmo iy. As I have
been awakened by (hem in tint still and solem
hour “when deep sleep falleth upon man,” I
hive listened with a hushed delight, and con
meeting them with th ; Sucre.l and joyous nc
casin'), have almost fancied th mi into another
celestial choir, aunounci g peace and good
will to til mkiiid, — How d lightfidy the imagi
nation, when wrought upon by th ■ moral inf! i
enccs. turns every thing i .to melody At beauty’
The very crowing of the cock, h -ard some
time i i the profou .d icpose of the ecu tri,
‘‘telling the night watch s to Ins feathery
dames,” was thought by ths commo i people
to announce the approach of this sacred festi
val.
S >ms says that even against that season cornea
Wherein our Saviour’s birth was celebra'ed,
This bird of dawning singeth all night long;
And then they .say, no spirit dare stir abroad;
The nights are wholesome—then no planets strike
No fairy takes no witch hath power to charm,
So hallowed and so glorious is the time.”
Amidst tin; general call to h ippiness, the
bustle of the spirits, and stir of the all' ctions.
which prevail at this period what bosom can
remain insersibl it is, i deed the seasn i ol
regenerated feeling—the s ason for ki dli.-.g
■ not merely the tire of iiospitahtv in tin: htitl, bm
the genial fl one of ch trit v i i the heart.—The
scene of early love again rises to green mem
ory beyond the sterile waste ofyeare. at d th
idea of home, bought wi'h the fragrance
of home dwelling joys, reanimates the droop,
ping spit it—as the Arabian breez • will some
times waft tin- freshness of the distu.it hills to
the weary pilgrim of the desert..
Stranger and soj mr.tvr*as I am in the la id
—thou h for me no social hearth may bk-.z -.
no hospitable roof throw open its doors, nor
tliow rm gr isp of ft ie ulship welcome me at
til : threshold—yet I feel the i flue .ee of the
sca-sti . b-ami g i -.to my Soul from the happy
—looks of those aroti d me. Surely bappi .< s.-
is r fl.-ctive like the lieht of l.- uvci ; and ev. rv
count ■nance bright wt h smiles, and glowing
with i itidce t e j■>y;iiß..t, is a mirror transmit,
ti ig t./ oth •is th rays of a supreme and ever
shi mi:ig benevolence. lie who can turn
ehurlisly awav from co-.tempi,niig tie felicity
of his i allow bei igs. a id can sit down darkli g
and repining i i his Io ieli ess when all tiryu- d
is joyful, mtv have his m omen's of strong ex
citem.mt and selfish gr tiflea!ion. but hcwai.t
the g ! lial and social sympafliies which consti
tut<: the chaim of a merry Christmas.
PoiiaiUs Deeisiasi.
Ai.'i on, •)
C 5. I Application for an
The G io. R d Hoad | Injunction.
and B i king C>. J
SUPERIOR COURT.
Wli-■:>» the C timsei for the appliea.it preset),
te 1 ibis Bill for its sa.ict.io i, the Court h. ing
aopris '.I of the e’iste co of a special act i
fav.irof th- C >mp i.iy, gra b:d a rule tusi, vail
i.ig upon tii - d. leadeut to show cans - why at.
I ju ictio i si, mid mil issue, in order that th
qn.suoi might be, argued by counsel, and mu.
tu.dy co isid.ircd by the Court.
Tiw Cornpi y appeared by counsel, and
sh wed fi. c iitse. an act of the G moral Assem
bly of iieorgi.i, e .it;! - I an act to am md in act
to i .corporate the Georgia Rail Rial a al
B t .kt g Company, &e. passed the 22 J De
cwulnr, 1835. I’.unpm-et. page 217.
The 15. h sjetio tofth it act declares the
tn.timer in which disputes b tween the com
pa-y and la-idh > Ilers, shill be settle I, v, ith
this Fror.so, ••lh.it i o difference or disagiee.
meal b i ween the company and any la alholJer
shill op rats by Injunction, or otherwise, tn
Suspend din progress of said work, but th
same shill, in ail cases, be coati tied without
intcrraptio >, •> i ad qu Ko security b -jag give;
bv. sai I comp my to the landholder to pay inch
dam ges as ahull be asiessvd in manner afore
Said.”
They also exhibited a certificate from the
Ch-rk of Greei'.i: Sip rior Court, (in which
r.uimty th i q-.iesti >ii originated) that securitv
bad been give>, in conformity with the act.
sbowi ig, the con sei f.r th.- up
pj(C.lvt»' ( ‘ecu>i ig it u.im-ceesary to go i to th
argument o* th whole merits of the bi 1, raised
a prciiiiii ary <;m s ion, which it was agreed
on boili si les, should dotermi.'.e tho fate of the
uppliea.ton.
'l’h» is>uo tendered by him was, that that
portion of >h.! net r lied on i i the showing ol
(1; • defend I.lt, Was u.ico isiitiiliond, inasmuch
tis’he L igtsu.itur-: had mi ri. ht to pass an het
i >, favor of m.e i.’imvi la fl, or o io class of in
div ideals, v. hi-.'h did not apj lv to all the cili
'Zi'ns oi h' S ate. I ) snnnm fo* this vroposi
tin . he e.t -d ‘lm e of U.RTcn rs\ J■incs,
A.l ’ir. Ilia Mass. R. p. 386; and auuiiil- '
that it was .he o-,1-.- !i„- Lid b.ea able
ta fi 1 in ?ci:.t.
He further contended, that the power of |
granting injunctions was a power ii.herei t in ■
th : superior Court,mi .1 th .tjirj 7i!i!svc:ion ofihe |
3 1 article of the Constitution ot Georgia, was.
by necessary implication, imperative upon the -
Court.in ths ex: raise of its restraining powers. i
That section declares, that “the judges of the j
Superior Courts, or any one of them, shall have *
power to issue writs of mandamus, prohibitimi, I
scire iacitis, and all oth>r writs .vhich may j
be necessary for carrying their powers fully !
into effect.”
To this, it was renlied by the counsel for !
the company, that cn.mcerv powers are no j
where granted by the Joustitutioi) of Georgia J
to the Superior Courts, which regards them .
only. as Courts of law; but that equity powers
arc given by an act of the Legislature.
2d. That the L'-gr.slaturc has r< peatcdly
exercised the power of prohibiting the Courts
from granting i. ju.clim.s, and that this power
has been sustained’by the Courts and acquies
ced in by the community.
Tlmy cite the act disallo .vi g the grant of a
second injunction, after the dissolution ofihe
first. Prince 224, and the Lfllian Bill, Pam
phlet Acts of 1834, page 152.
By tke Court. As the decision of this tip !
plication does n'otilepeird upon the merits of
the allegation in. the bid, it is not necessity to
state them fully. tut merely to remark, that the
grounds taken, are, waste and irreparable in
jury to the applicants laud,'through which the
company had conunentstd- the construction ol
its R bl Road.
The agreement of counsel, that the l=>w
should be determined upon the preliminary 7
question raised by the.apjdic.iiit. has reduced
the argument, to the single inquiry—Has the
Legislative the right to control the Court in
the execution of its e joining powers ?
Bv ;• proviso to the 15tn section of tho act I
ainendiug the charter of th;; Georgia Rai! Road .
and Banking Company, it is declared “that no i
diffetence or disagreement between the com- I
puny and any landholder, shall operate by in. J
junction, or otherwise, to suspend the progress !
of said work, but the same shall, i.i all cases '
be continued wiihout interruptioti, on adequate i
security bei g given by said company to the
landholder, to pay such d.images us shall be
ass"ssed in manner aforesaid.
This security has been given; but the land
I holder contends that the Legislature, had not
•he power to prohibit the Court from granting
the relief to which lie imagines himseli entitled '
under the co istitution. He therefore denies I
she constitutionality of ih .t portion of the act
recited above, and demands that the Court
sh ill so dt-clare it.
The question thus presented fir the deter
mimitio > of the Court, is one of imine ;s ? im
portance, directly mvolvi ;g the powers oftwo
co-ordinate and distinct dcp irttneuls ol th ■
G.verninetit of Georgia. It is moreover im
portant m its future bearings upon the commer
cial and po'itical relations <>i Georgiii, her
standi; g with h r sisters of the Union, and in
he eyes of the world.
The more I h ive reflected on this question,
the more fi rnly has my mind settled itself in
th ' co victims, that its determination must rest
upon the provisions of our own constimtio i and
laws. These, win never th y are fully ade
quate to me-1 all the principles ot a case, are,
in Ihe estimation of the Court, the best stand
ards for the solution <>t our ri-hts, and must be
more s itisfactory than any other to the people
of Georgia.
B Tore, however, I proceed to investigate
the application of our own constitmion and
laws to the question submitted,! shall exam
ine very brieflv the case of Holden vs. James,
Adm'or., 11 Al ss. Rep. 396, cited by tli?
counsel for tS - app’ica t.
James was the Administrator of Ringer's
estate. Bv an act ofihe L 'gislature of Alas, j
sachusetts of 1791, “no executor or adini is 1
trator shall be held to :v swer any suit, th it
shall he commenced against him i.. that capa
city, ii .{< ss thesameshall be commenced wi h
i’i four years from the time of bis .'ccepting
that trust.” Holden, who h..d a dem >:>d a
gainst the estate, suffered fair years to cl.-pse
without commeuci ig suit, and then applied to
the Li gislature, or G' neral Court, of M is<a.
chnsetts, who passed a resolution, “:.u boriz
ing and empowering him to commence and I
prosecute against th ■ executor or .idmmistru- ;
lor. or against the h; user di visees of the said |
Ranger, all such actions, suits or cl >ims as he j
might have against the estate, i:i the same way |
a id mamier as he might or could h ive done, it j
the s tne had been coniine ced wi'hi.i the time |
prescribed bv law,” ami th U the operation ol
the sev: ral statues of limitat o t, so tar as they
came wi'hiu th? purview of this resolve b
suspended and not operate as a “bar to the ac
tions, suits a id claims ab ive mentioned.’
The defendant re'm d upon the statute of
imitatin' ; ind every lawyer will at s> ce per- j
cetv .that the Coin! c< uld give but one ju Ig- '
ineiit, which was accordingly rendered.—The j
Court declared that the statute of kmitalio.i i
was not repealed, and that every < xecu'or <>i .
administrator, wnh res, ect to whom the four |
years had el ipsed, was entitled to pl ad the I
limitation to any action brought against him.
<i9 «IF. ctuaf v after the passing of that resolve I
■s he could have dme belbfe it w s passed,
l lie jmigme t evidently went upon the doc
trine of vested sights, and the wa t of power
i i the I. gislaturo to divest such rights.
'file Court then proceeds to examine tile
que no i whether -the L’gislattire “mav repeal
or suspend the law with r gard to a.iy one cit
sZ ■:>, or anv one particul.-rr ease, I raving it i.i
i’nll force as to all others.”
’f’lie Court determined -this questio i upon
th it provisi-ui i i the co istitution of M -ss ciiu
-.■ ■us, which protects '-very citiz m “in the en
j lynient of h;s life, li’ei; v, and pr -p its. ac.
cording to standing laws,'' nnd that provision
m itm.r bill of rights, wi.ich tteclar.-s, that “the
power of suspending tbc-iaws, or the execu
tion of th;: laws, ought m ver to ba exercised
but by the L gisjuture, or by authority derived
from it. to beexerciscd in sudi pariicular ca
ses only as tile L gisljiiure should expressly
proiide for.”
1 ; comme iti igupo.i th esc provisions in the
cons it ul ion ami bill of rig I its of M ssac tin setts,
the court remarks, that “H is ma iiestly con
trary to the first principles of civil liberty ami
■atural justice, and to the spirit of our co sti
tiitio i and laws, that any one ciuze > slmuki
m j'>y privileges and nd vantages, which are
■ ieni d to all others under like cireumst tnccs;
or th t <mV one sh-a.i d Im stibj •< led to losses,
damages, suits or act o ;s, from whi<*h id' otli
cr< under like circumstances, are exempted.”
Not witlistandi' g th. se pn>visio; sin the co .
stitution an I bill oi lights, and this opinion o!
their supreme Court, there : re-as many cor
por.uimis « ith exclusive privileges i t the State
of Mussacbusi Its, as in any oil), r St tte ot the
u ion. Itisevid nt, then fore, th t the prin
ciple established in Holden vs. James, is not
j considered tn Massaeh .s tts, as applying •"
j the corp' rate powers and privileges granted
■ } l>> their Legislature.
j Is here then any real antilogy between this
Massacliusetls case and the pri smit i pp-lica
tioij In Ilial case, the Legislature of Massa
chusetts attempted, by a resolve, having a te
troactivo operation, to divest the di fe m-mt <4
th:'right of pieadi g the statut of dmitation i.<
fave.rof‘ Xecutors ai d admi i-tr. tors, which
hid air-a lv atti'Clmd ai-.d bmm vested l i him
, nv the aci of 1791. It is cl. ar that this wa>
i i assumption of powi r which di i.lb pmt
; mciit did iot possess. ’1 LIS was the liislqucs
stioa settled by the Court.
! 1.1 order ‘o assimilate this Caso to that of'
■ Holden vs. James, it must appear that, before
j the passage of’ the act of the Legislature o!
' u .'otgia, amending the charier Os ihe Georgia
; Rail R.md and Banking Company, there was
i some positive statute extending to the appii
j cant, from his peculiar situation, the right to
an Ii jmiction, whirl) right had attached and
j vested in him, and which the Legislature nt
li.- °
: tempt -d to divest.
I The Court knows of no such law previotts
j !y existing, and no such att; mpt ofihe L“gis-
I la'iire. 'f’lie powers of a Court of Equity are
I granted to the Superior Courts in general terms.
i in the case of Holden vs. James, th: re was a |
j positive statute having immediate reli rrcncc j
and extending its benefits to executors and ad- i
mi.iisti ators; James was an administrator, and i
had been in a condition in which those bene- '
fits had vested in him by l irtu? ot' that act, I
which the Coml declared was neither repeal- i
ed nor suspended, but was, in the words of j
their co sliiutiim “« standing law."
But there i'.no law 1 ; Georgia specifying '
the predicament iti which the ciuz m becomes ;
entitled to the writ of' I junction. 'Fhe Courts [
i of Georgia, deriving their equity powers, how- '
! ever, ftorn n genet al graiit oi those powers, I
will grant this writ, according to their disere- I
tion, under the circumstances of the case, tin- ;
less restricted bv their own rules, or by some '
paramou..t authority.
So fir then as the question depends upon the ;
obligation of any pre-existing statute of Gear- i
gia, tlrere is no real analogy between the two ;
The st con.d question settled in the cnee of j
Holden vs. Juncs, whether the Legislature
•‘mav suspend or repeal the law with regard j
to any one citizen, or any one class of citizens, I
I lea) i ;g it in full force us to all others,’’ was ;
: settled upon principles in their cot.s'itutioit
I and bill of rigli's. We h ive no provision in I
; the constitiiiio i of Georgia precisely similar '
! to those in Massachusetts, upon which the !
i principle was there settled by the C-'-urt. This I
1 i Court however would by no means lay down I
1 I the bread doctrine, that the Legislature of I
; j Georgia could suspend the operation of an ex
isting law’ in favor or against one citizen by
name, leaving it in full force against or in fa
vor of all others, under like circumstances.
I llis would indeed be an arbitrary power, con
trary to the genius of an itistituiioti, if not re- i
i pugnant to any express provision of our con j
1 j stit'itioii. But can this odious distinction arise ;
: i from the charter of the Rail Road Company?
I From its very nature ni d its opera ions, the
‘ company is coidi .ed to certain localities, and
its op orations can afl’-ct only the landholders
within those loc.dtties. No particular laud-
• holder is exempted f rom the ir,fluence of those
1 operations, a.d all the ia idholders within the '
' range oft heir oper-itions are equally liable 10l
j them. Then the law applies equally to all '
! who are “under similar circumstances"— that I
’ I is, to all upon whom it can operate. This ■
1 j must evidently betlie meaning and extent of I
th 1 principle settled by the supreme Court of
■ ■ Massachusetts; b cause to deny to she Legis
-1 lature of th.it. or any ot'rn r Slate, the privilege
Ij of legisku iag for particular portions of the
1 i Si. ile, and particular classes of its citizens, by
| which they are leyentted, without in ringing
• j upon the vested rights ot other portions and I
• '■ other classes, would be to deny a power w hich j
■ ’ ill' Legislature of every State constantly ex I
; I ercis. s, and which is absolutely necessary to i
I their prosperity and advam cm-mt.
‘ j There is therefore in the principle settled ’
I I in this second question raised m the case ot !
■ | Holden vs. James, no real analogy to tile ques- j
> I tion under consideration.
' j II is co ;iemled, how ever, that i lasmttch «8 j
I by the judiciary act of G orgi .i, “the Supcri >r
! : (. Hurts in the several eou ties sh ill exercis ■
| the powers of a Court of Equitv, in all cases
I where a common law remedy i.s not adequate.”
the Court is bound, whenever such a ease is i
presented as Courts of Equity generally sane- I
tio i. to grant an 1 ju ction.
The silutio iof this argument must depend !
tifio.i the result of an investigation into the ap
plication <>f our laws and constitiiiio i to the
questio i submitted, if it appear, as before re
in tiked, that the Court is not restrained by its
i own rules, or by som ■ param.umt authority,
the I;-junction must go, so fur as this prelimiu
! ary question is concerned. It the Court is i
i restricted by its own rules, or by some para- i
! mount auihnrity, the Injunction must be re-J
I fused.
To show’ that the Court is bound to interpose i
■ the rest raining power granted by the Judicia- i
ry act u ;der the general grantwf eq lity pow- |
ers, the counsel for the applicant cites the 7di ■
s ction ofihe 3 I article of the C -institution of
G orgia, which is as follows—‘•The Judges :
of th • Superior Courts, or a:;y one of them. ■
sh ill have power to issue writs of mandamus, i
I prohibition, seire facias, and all othe, - writs ;
i which may l> • necessary for carrying their |
| powers tally i ,to effect.”
I There is nothing mandatory m this provis. '
i ion ofihe co islite.tiou. It is merely declara- '
I tory ofihe p iwers which the people in Con- !
' i vciitimi intended to convey to the Judicial de- ‘
• j partmei.t, for the perfection of its powers.— i
‘ I 'Fhe same discretion is left to the judges in |
granting these writs, as is left to a Chancellor
in granliiig any writ or order in Equity, which
’ is always granted at his discretion, under the
circumstances ol the case. Il is true, that the
| imlges will regard every provision ot tho Con.
• stitution as mandatory, so far at least, as to see
■ that the i ite .tion of its fr unors is not violated.
1 But is th ere any thi ig in this provision apph- |
cable t<> a Court of Equity? Thi f.dlitcy cf
1 th ■ argument, which, at fi-st blush, has some
plausibility, consists tn regarding the Superior
■ Courts, created by the constitution, as Courts
ofEqtiiiv. 'l’he constitution regards our Su-
1 p rior Courts only as courts of law, and no
’ wh res[>eaks of them as Courts ot Equity.
■ They ure now here recognized by the colistitu
’ lion as chancery couns, and that instrument
I confers upon them no chancery powers or
■ jnrisdict!" >. The amended constitution of
1834-5, for the crealioi of a Court forthe Cor
rection of Errors, d clarcs that subs at law
1 and io Equity, Shall be carried before that high
• tribunal fur fim.il adjudication, (should it ever
be organized.) Bui this contains no grant of
1 power or declaration of jurisdiction in Equi
• tv. ami it is the o ly place where a court of
’ ' Eqm'v is meiitio ied in that, instrument. Ihe
' writs of mandamus, prohibition and scire fa
>' ci is, reci? d in the 7th sec. 3d art., are all
• common law writs, issuing out of courts <>f law.
.411 the powers granted to the Superior Courts
’ by thi- Ist s-ction, and 3.1 article of the Cou-
■ stitu ion, are comm n law powers.
1 Eqnilv powers were granted to the Supc
rmr Courts bv the Legislature in the juuiciary
act of 1799, I’lince 216.
'fhe important inquiry results, as the Legis
t lature created ot r courts of equity, or rather
vested equity powers in the superior courts.
! whence d<d it derive its power to do so, and
what is the extent of the powers of the Legis
lature over Hie courts it has created, or the
< quitv powers it lias conferred ?
That a satisfactory solution may be given of
this important inquiry, let us survey the whole
f cround it may be made to cover.
It must be borne in mind, that the people of
ii Georgia, and the other States ofihe U- ion, liv,'
n under a twofold sovereignty; the me
> bv th ■ S ates i ' the Coustiliiiio i of the U ited
S at-s, Io be exercised over certain specified
. .-.ubjects. and for certain specific objects; thi
■ other, remaining in the Slates as an oEgina!.
Ja © u t ft e r n b O; *
inherent power, to be exercised ov- r all those j
subjects, and for the control ofali those attri (
b ties oi governmer.t, not delegated in the con- ‘
stitution ofihe United States, nor nrclubitcd ■
by it to the States. j
ft it can be shown, that she L •gi.-’attire of I
Georgia, in the ab.ieec.: of' i<i»y provision ol :
eiiher ofihe two constitute ns under which we '
live, represents the sovereignty of the State, |
or of the people, in whom all powers i ot con- ;
trolled by either of these constitutions, mugiii- '
ally reside; it must follow, that the L gisia- j
tore have th? r nWer to control ilie judieir.l de- i
partmeiit in the exercise of this original, uudel- ’
egafcd a?d m prohibited sovercig ty.
previously io our revolutionary war, the !
United Slates were subject to Great Britain,
each ns a separate colony, living tmei.--r ('istiiict I
provincial g v-.rmm-nts. in that noble strug- i
gle, they formed a confederation fir th ir mm j
tuat defence, and bv‘ the aid < t' Heaven, .•.hook ;
oft Im? y, ke of foreign doimaalio i, a .u be- >
came, in the lingm-.-re of th ir I) < i;t'atu>n off
I tidepeiide.ee, “fire, sovereign, a-d. i .depend j
ent td.lates," each lor herself willmi her ac- I
know iedged limi’s. Bv the rigbis of conquest j
under the law of muipns, each State was, im- |
media'fcly upon the sktertnitiafion ofihe vv;.-f, ’
i 'Vested with all ilia powers of goven.m-mt. |
and till th-:> at.'i ibutes of snveieiguly form ol} !
belong! g Io tho vat qui-bed nation, vt h.isc co- i
bvtiy she had been. ■ Each Slate tkns becam-.-’ !
tree fb adopt sue!: form of govert men', create ‘
such insfiiulioi.s,' excrcts?’ stieh powers, and!
enaet such In .vs,mis all oih< r free States and!
nations might rightfully do.
After rcinai-.i g some time in a state ofco;:- I
federation by articlrs drawn up f>i that pur
poS”, it was agreed by these Slates, that the'. 1
would aba ido.n the articles of coufedc-i“tio.;. ‘
jii;d eircr into a state of Union more i Jim it ■ -
and birding upon all the rutlab rs, rn.are com !
<r-miial tp their feelings, and better calculated !
to promote the harmony aud prosperity and ;
strength of the whole. Accordingly the peo- ;
ph; ot the several S ales, by their deleg.iti s. !
representing each as distinct politi-al commu
nities in Canveution, adopted the Constitution
of the United States as their compact ofGov
ernmet-.t, for the purposes therein coot.lined.
How far, by this arrangement, tiaslhe sove
rcigt.ty and independence of these politic;;' J
communities, or Slates, been surrendered, and'
! how fur res rved ?
j Notwithstanding the great and commendable :
(jealousy of th- irrespective rights and powers I
which the States entertained, in entering i .to !
this admirable Union, it was perceived itnme- I
dint: Iv after the adoption of the Federal com i
stitution, that there was in that itisti umeut, no !
avowal smTiciently explicit, of the reserved ;
sovereignty and rights of the States. The j
! coi stitution was adopted in 1787, ai d in 1789. j
I among several other important am-.'iidin 'i.ts, !
: ’he following was adopted. “'1 he powers not i
! delegated to the Uniled Slates by the Co.:sti-
: tution, nor prohibited 1.-y it to the States, are ’
| reserved to the Suites respectively, or to Ihe !
| people-” Among tho important powers re- -
served by the Slates, was that of rnaintai ;i -g !
separate governments within llieir respective'
limits, which should exercise all the attributes ’
of sovercig ty within the same, not dolega- !
ted in the constitution ofihe United Slates, nor !
prohibited by it to the States, in as full and ‘
milimited a maimer as all other States er mi- t
tio;i£ may do.
VThen, therefore Georgia entered into this!
compact, she in common with the other States ’
of iiie Union, reserved all the powers and at j
tributes of an independent gover unent, not de- ’
legated in the Constitution ofihe United States, ’
nor prohibited by it to the States.
According to the powers thus reserved,!
Georgia, has adopt: d, or rather retained, her!
separate government, formed her own cmisti- 1
tmioti, enacted her laws, aid ajipoi; ted her !
own officers, judicial and ex eutive, for de- ,
fining aud e.,forcing them.
But we h ive seen that timid all these im- !
! portatit arrangements for securing the liappi- j
m ssa.id defining and determining the rights !
of h r citizens, Georgia had overlooked, in her ;
constitution, m important cl iss of private rig his, !
the stibj ct of frequent litigation, the adjmlica- I
tion :>f which does mt belong to courts ofeom- ;
mon law, which were the only cotiris k iow:t I
to her constitution. It is this class of rights
which gave rise i i E ■ gland and the United !
States to Courts of Equity.
Though in the consttfutioo, a compact of;
goverutimat, which Georgia, (as we have seen) j
hud a right to adopt, mid which she Ims adopt- j
I ed ; her people in coaveutioit created no Court ;
I of Equity, vet by the Ist section of the 3d ar- ;
tide of lii" consiittition, it is declared, that ‘-th:? |
judicial powers of this State shall be vested i i ;
a Superior. Inferior and Justices Courts, and !
i such other Courts as the Legislature shall,
from tim ■to time, ord iin and establish. F rom ;
ihe words “and such other Courts as tne l.e- I
! g> si a lure shall from time to tim>. ordain and es !
\tablish" — the L’ gislature imm -diately derived 1
! the power to create Courts of Equity. Ii- ;
! stead however, of establishing separate Courts ;
! of Equity, th ■•. have done what is tantamount I
ito the same thing; vested the powers of a •
! Court of Equi y iu the Svq'eri .r Court.
Can the er. utor abolish, or control, the ac- !
lions of its creature? In other words, cin th" !
Legislature repeal, either in whole or in part, ;
a statute which it has passed, or limit and con- ■
trol its application?
The constitution of the State is the deposi- >
tory ofihe reserved sovereignty ot the State, so ’
far as the people have chosen to embody it m
written rules ; whet: v r it has not been embo- j
I died in the S;-ite coi.stitutio :, it remains in the I
| people, or their representatives when assem- !
! bled in the Legislature. The ex: rcisc ofihe >
reserved soverui nty embo lied i i the consli- j
! tutimi Is, in several instanc -s,' delegated to the .
! Legislature. This delegation makes th.' L?- j
! gislature supreme over .the powers delegated,
! and where the constitution oa the State has
I been silent in regard to any power ol r; serv.-d
’ sovereignty, ’he Legislature being the iepre- j
( sentative of the people, arc supreme over sm. li I
! power. Am.! this sovereig; ty ofihe L’gisla- '■
I lure is not limited. ) !
I From these premisesii must follow, tb it the |
; L gishiture having the power to create a ( ourt
i of Equity, must have tbc power to ahoiidi ii .
' alto'-iiher. and if they can entirely’ abo ish it,;
! they c m limit and control its p >wers. , '
The court therefore concludes, that tne L?-
I gis'atnre i.i declari 'g that the coorls should i
j not arrest the works of the Georgia Km! Road ,
! mid Bai.ki g Company by injunction, ucU'd in ,
the exercise ofils legitimate fmictirms, and j
has violated no provisio i of the constitution of’
Georgia, or ofthe United States.
It fellows, as a corollary from this conchi- j
sio 1. that th ■ L gisl tur« having this pow-r,
uhich it has < xercised io conformity with the i
provisions oftke two constitutions u ider which 1
: ‘we iivm th? ju licial depaitment has no power!
■ l:> interfere viih their act, and therefore has
no power to grant a;i i junction in this case. ’
M .eh weight is added io this cmiclusion by
the freqn mt ’’exercise es the legislative power
I of controlling the courts i i the grant of i jnuc
! lions. By ttio act to regulate the granli «of
! I junctions and Certiorniie.®, passed the 16th
I December, ISll.Pri ce 223. It is eat! el ed I hat
!•• th" dilatory practice ofgrauting Lil!) of Im
ipi ction a second time,aftei the di-S'lliitini) of
! h.. first bill or bills, shall no' b ' admi-.-ib’e or
I allowed in m y case or cases w hatsoev -r.”
; In this pro'.'i-io'.i of the law. firne air's and llm
i cvtnmu iiy of Georgia have acquieseeii f’or,
' racrc a qiHii'tei »*' a is 19 t
I high and absolute an exercise of sovereignty,
ias tho one we h-.ve been diseii-•-.sing; and the
! learned, distinguished and t ted Course! for
■ the Apphcai t, admitted that, the Act of 3814,
| .-mmd iq-mi the same pr.ucmie as the one in
j ' In th" i man Bi'!, (as if i>, Lrieffy railed.)
! <if29th December. 1 834, it is enacted ih.U“it
| sh ill not be law Ini for a Jit .lgvi. <-f any of llie
I Sup: ri .r C\m: s ct'lliis State, to is.,lie ar.v Writ
\‘rf I’junclion. or i lb-r process, or direct any
i iiijniici.i'i! or oilier process tc- he issued, to re-
I s'.rain, hmd r nroiislruct the smd ajent in cx
: ercising his di.t'C > under this act, ot the act of
j ’.vhich ii is nmeml. tor';.”
i This em.time d legislation, and the a* qui
! i ficence :,i th" (,’omts and th ■ people of Geor
gia in .he exercise of this power bv th'3 Le
gislature, lurmsh co weak evidence in favor
of its ccmstitutiomditv.
i JU'lcfimi I’efiis-d.
JOHN G. I'OLHiLL,
Jo l.g; Suncrn.r Courts, Ocmu'gec I):s t. Giv
Aum.st K 37.
j-- .-:ctp~?-s -bTO3
From the Corrt'p?’: Jence of the Constitutionalist.
D e. 11, 1537.
I I , th'. Sennit', inis morning. Mr. Powell of
■ IM'I ..to.,h. chairmen ot the commiitee on bin ks
' mad ■ a report on th- Insurance link of Co.
! lumbu.'-’, of which I have t.'i.en a copy, and as
!as fiaiows. The bi’; accompanying tlie report
: provides, in substance, licit the oilier banks of
1 the State are permitted to refuse specie f<;r
I th.'ir notes, when presented for red mption by
‘ thi 1 i SUiliilCP f> li.ivot C<>lUfl«DUS» 1 Ulb UU rt
! is pr dithin d from pnich tsi' g or recebi >g the
' not. s ofoth r bulks, with the. view of exacting
! snecie &tc. This bank can require but two
(per ceit. per am.um, on the notes of othei
I banks, it. miv h iv-: r: c. ived in p:q. uv i.t, and
I for which sp-cte is r;'tus>;d when dunaiidec.,
<Vc.
“The I snrance Da k of Columbus was in
corporated by an act of me 1 'gi-'l Jure, p issed
on the 29 h day of Dec- mber, 1831. It wis
tended to be’ a charter to citizens of Geor-
■ gin, for the special purpose of subserving the
• icier: sts of the pH’.icular comma iti s in
I which th? pri .cipal bank ami its authorized
: branches should be located. No special now
i ers or capacities were given to it by the act
! of i .corporation, by winch it should be c.moled
i so acquire or tn .intian an ascendem-y over
i similar insittulions, deriving their existence
from the acts ol the G-.i i. ri! .ne -'emo y of this
State. Contrary, however, to the i .te.ition of
j its original i .stiiu'.io p more than i.me-tenths
I of this :Ao< k have been transferred, a. d are
• now held, according to the last s. mi-ant uni re
! turn of ih it bank, :> ill ? tiay.ic cf N- : Ir:,
1 who =s u iderslood to be a citizen of the Smte
iof P.-unsylvanin. This stockholder, who
! doubtless is the master spirit we.o controls ibis
; ii stiiutio-’. while the sutiservi. ory power is
! ;tei-inill. 1V vested la oil! is, has no int. i-..'St m
Georgia, i i common with h.T citizens. He
is at the head of a corporation, d wivi g its ex
! istence from the laws of a different Slate, v. i li
! a tremendous capital, and having a cognomen
! well calcul ited to carry into saccesslul opcru
! tion a fraudulei.t rein, me tocirculatc a curren
! ey on the credit of the national g v n.mm.t.
i but in which ilie govert.mc t. is not at ail i.u-
I ieristed.a .d ill) ma )er pledg. d Io iadeem.
I This consider tion alone should av.’iiken the
■ suspicions of the honest, and should suggest to
; legislators, the strong necessity ot ciini'i totiu-
Hv cradiaati 'g the evil, or so surrounding it
wi h difficulties, that it cannot walk abroad to
tffect its i j irioiis purposes. But your com
• uiittee woui:f present other views of this sub
! j 'Ct, which they believe entitl' d to no ice.
! The stock <>f the said bank represented as
I asb .i .g held bv N. Bidtile in his individual
I monr, amounts to lhe enoi mous sum of five
; hu ;dn d and fifty five thousand dollars, actual
!ly paid in. Your committee have tio facts to
i warrant them i i m .!;: g a pos live assertion
; th it this stock is not b ld bona fl !e in his in
! dividual right by Mr. Bi .die yet liny sr.y
i that tho very large amount of this stock, con
> nected wi.'n the cireumst.mces th -t that
gent: 1 -man is at the head of a ba. king i.isti'u
! tion of a sister Suite having it capital of tmrly
| five millions of dollars, will excuse them
' from suat'i-sting the opinion, that it i- held
: bv bun as th ‘ agent only of that institmion in
■ truth, they have no doubt of the fact. A
! question of some importance th.m p.'es.mts it
! self- If this stuck be held by him us tin; men
•igent. as supposed, can he, as agent, hold
' 1/ re foi his pri .eip.d what bls principal c uld
t not hold? And can this Bank of ill ' U ited
' S ates, dcrivi g its charter from a other State.
' acquire and hold a real or personal properly
;in lhe Stale of Georgia A corporation have
! only an artificial b"ing, mid in the States m
. this u ion. ar" brought i. to exist. i.ce by 1 "is
’ h.tiv grants under legisluive autlmrtiy. The
! legisl itme es a State cannot grant a charter
i conferring a power to be exercised beyond
! its local jurisdiction. Such a grant would be
j voidas extendi ;g bi ", otid the authority ofthe
[ k'«ts!ature itself. Ymir tfbmmiuee th. refor-.
) are of ent.lion that the transfer on the boohs of
' the bank, to N. Biddle, in secret, trust for the
| Ba;-k of the United Stales, chartered by lhe
i Imrislature of the State <>f Pennsylvania, is void,
! •> "d that the directors of said bank, in permit
ting s-'iid tr.msf r, have vi luted th.; spirit of
1 their ch liter.
j Fy the return of the said ba. k, made to the
! Governor ii. Ami! lasi, it docs not appear ihat
: there were any notes ol the Bank of the Uni
' l"d States on han,! at lb. .t tim -, or that there
: w-.-re accounts of imy sent, ru-inir;" between
i S lid i.i lur.i.ice Bank of Columbus ano tin Bank
lof the United S ales. By the last return in
October, it will be seen that this ba.uk h is on
! iniiid notes of th ■ Bank of the United States to
! th 1 amowit of •§143.250. tinil that it owes to
I she B.r k of the U it. d Stat, s, the? sum of
! §303.484 60. It is notorious that this bul k
■ has h im circulating, from th- principal bank,
! as well as i.s bi'.mchi.-s, during tin it.terve. i ;g
' period, bills of the old emission of the old Bank
lof the Ui.’ited States. These bills must have
’been fur.ashed by the existing Bank of lhe
; United States, from bills which have been re.
' deem da id ar.- now irrecoverable in law. To
! put. this currency afloat, which lhe bank can
: not bv legal process bcompell d to red.iem,
| isof itself, in the opinion of yo.ir committee,
) such an abuse ofilts franchise as i .volvcsa for-
jfi iture of its charter. It is at the pleasure es
I this birnk, or any otner, to redeem these bills.
(It is under no legal c.r.sti amt t.o .do so. Your
j committee would ask th ;;;, if th" represent;!.
; lives of tin* p iq.le would be faithtul seiitiiirls
i on the watch tower, if they were to permit
’ ih'.'ir fellow citizens to b? exposed to t'm" rtiia
■ winch this ino' e.ed i.istitutio ■. ecu! ! visit upon
them? Wuti'd th y discharge th"ir duty to
I the people whom th. y represent, if they were
! to adopt ro measures to rid ttiem of a corpor
! ation which iioods theeou -.try with a currency
which is rcdeema.’ole only al its pl; nsure. i’our
’i committee therefore recomm nd the adoption
! o' the following re.-ohilioi:, and the enactment
! into :i law nfa Lull hare with reported.”
Thet 'Hov. i ;g is th'’ res du’iot: a'ltnled to:—
j •'iieso'in'd, That i.is Excellency the Goverm
I or. be, aud h" is hereby, required to cause a
j scire r..cias to bn. issa agm .st 'he I. sura’co
- Bi k oi v' •’ m: bus, in th 1 superior cm); t < f th"
( ccuniv of Mu'eog.'e, bv i'c.e solicitor general
1 < f the UluLib ’cch n? Ciictii’, stiff nidi atmh.
j tant counsel as bis Excellency may employ’, j
I to cause the charter of said batik to be declar- ;
J ed forfei'ed, aud the Corporation dissolved, on .
I the grounds following viz.
Because more than nine-tenths of the stoca
i ofthe Insurance Bi k of Columbus, haze been
- t■ n.nsF rrod to N. Biddle, to be held by’ in secret
! truth for the Bank ofthe United States, char-
I tered by the State of Pemisylvama.
; Because the said Insurance Bank ofColum
i bus h,.s exacted usurious interest, and reci ived
(the same on notes and bills discounted by
: said batik.
B cause the saiu Insurance Bank of Co
i lumbtis. has put iti circulation bil!s.,of the old
j bank ofthe United States, which hid been
! redeemed, and were oa hand, since the expi
j ration of irs charter.
i And for such other causes as may be deem-
I cd tenable and capable of being sustained by
■ proof.”
A BILL
i To be entitled an Act. to regulate the inter
course b-tweeii the Insurance Bank of Co
huubus and the other Banks and banking
Companies of this Statu; and to prescribe
the rate of interest recoverable in certain
c:;S B.
Sec. 1. Be it enacted by the Senate and
. House <:f Representatives ofthe State of Gear
! gi t. in General Assembly met, aud it is herc-
■ bv c-mcled, by the authority of the same. Tha’
j th" I .surance B;u k of Columbus shall nut re
i reive, coll et, or iii a .y manner acquire the
bills, or notes, of any ofthe Banks or Banking
Comp.mins of this State, fir tke purpose of d.'-
i maiiding the specie thereon.
! Sec. 2. And be it further -enacted, by the
! au-hority aforesaid; That no Bank, nor Bank-
I ing Company of this State, shall be compelled
' io redeem wuth specie its bills or notes, .ihcn
; presented by the Insurance B ink ot Columbus,
! any of its branches, its officers or agents, or
' any Bunk, body corpor ite or other person, tiffs
i g, receiving or deriving the same i > any
( manner whatever, from the Insurance B ink of
j Columbus; iisr shall any Bai k or Banking
' Company of this Stale, mem any penalty or
! forf ilures w h ttever, by reason of its refusal so
to redeem any of its bills or notes, w hen pre-
1 sented by the I nsur.ince B.rnk of Columbus
' a iy of its branches, its officers or agents or any
j Bank, body corporate, or other person, taking,
i r. ceivi ig or deriving the same in any manner
: whatever, from the said Insurance Bank ot
Columbus.
Sec. 3. A mbe it further enacted, by the au
! ihoritv aforesaid, That it shall not be lawfu
j for tho Insurance Bai k of Cvlumbus, or othe
! Bank body corporate, or other person taking.
; receiving, or in any other manner deriving any
! bills, note or notes of any other Bank, or Bank
I ing Contpauv, from ilie Insurance Bark ot C<>.
• lambus, to ask, demand, receive, or recover of,
land fr.m any Bu di, or Dm.ki ;g Company ol
' this State, interest at a grrater rate than twm
! per cent, per annum on any note or notes, bit;
( or bills of such Bank or Bal king Company.
' which shall have been re ceived, collected, or
j tn any manner acquired by the said Insurance
i Bank of Columbus.
jFcvrigH
LATER FROM CANADA.
! Daily Commercial Adve.criser, Extra, >
Bufi'tlo, Saturday, Nov. 9. \
; Tim following communication was handed
!in this afternoo n. It w ill be seen pretty high
- iy colored bv the writer's loyal notions, b it its
' statement of facts can probably be relied upon.
I ami, as ii gives a more full and particular ac-
I count of the recent events at Toronto than h.?r
j vet appeared, we arc induced to make i
Buffalo, Saturday, 4 P. M.
(To the Editors of lhe Daily Com. Adv.
i Gentlemen —Having arrived here last eve
niiig, from Toronto, (which place I left yest; r
day mormng.) ami being surprised at the sta'c
mint here, 1 take the liberty of giving you ih
f .ct?, as I am acquainted with every thing
■ hat has taken place there w ithin the last few
: days.
! 'The first symtomscfdis(urbar.ce at Toronto
j occurred on Monday evening, when itwusdis-
I covered bv the binning of Dr. Thoni.s hous<,
I and by several who had been taken prisoner?
aud escaped, that the rebels, !o a consi 'erabl
urnb; r, aimed with rifles, spears. Am. am
headed by Mc-Km;zi<‘, had advanced to wit'ii;
tw o miles and a half ofthe city, proposing, a?
they have since declared, to take lhe city, rob
the banks, and set it on fire.
But lhe citizens, by this time being al irmed.
armed themselves as they best could, and ad
vauce to meet ill: tn, upon w hich the n biffs re
treated upon Your.ge street, as far as Moi t.
i gomery’s. about 5 tnik s out, and there mud-
I their head, q'l.'.r.ers. It must be umierstond
i ’.hat Toronto was at this time in a dufeuccl.' ss
) condition—the whole of the troops havi.g h fi
! some time ago f->r Lower Canada ; but no
i time was lost, and never was a more uiitnu'ed
; seem? than Toronto presented. From al! ports
i ofthe city the loya! (both reformers and tories.)
I were coliectii.g log iber, to receive aims a .d
( io commi t measures for the defence of ttmir
> w ives, their children and thoir s acred homes
I agai >st an infuriated a'd vicious rabble, led
:on by a bad. d-signing and disappointed
; man.
Orders were immediately issued by procln
! ination from the Adjutant General.s office, for
! the militia to assemble under their colonels,
: and a call made on a'l the loyal nr?;i to .issem-
I b!e for the defence, of theii “Queen, country.
I and constitution.’? and nobly was the cull re
: spomlm! to.. Gid and young flocked to tho
' standard oi'their country, by hundieds. Steam-
- bouts were seat off to Hamilton and Niagara
! for militia and volunteers—the Lion. Speaker
i McNab, atierw ard the commander, left Hum
! ilion at the head of about 200 volunteers, on
j board the steamboat. Bullington on Wednesday
| morning, and C;A. Chisolm, with as many
! militia, a few hours after in a schooner.
M ssrs. Hamilton, Clarke, Giikenson, and
! Cant. Whitney, as a deputation from the gov
: ornor, arrived at Niagara at 7 o clock on
! Wednesday morning and loft again at 12, with
i 1)5 volunteers, u-dm - the command of Sheriff
! Hamilton, accompanied by Dani, I McDougal,
! Esq late ofthe line, They arrived almost at the
‘same time with the men of Gore, amid the
cheers of the ass -mbied thous tnds from Ih"
; wharves. Th y marched up ia front ot the
' Ciiv Hall, were reviewed, and marched to the
. Parliament buildings, where they received their
(arms and aeeoi tremeais, and ten. rounds ot
: ammmi tion each.
: Companies of men from Oakville, M bit hy ,
( Scarborough, and other neighboring towns,
(were cotiiuailv arriving, and, on'Thursday
; morning upward of four thousand stand ot
I arms bad been given out. 'The troops intend.
I "ii lo go in search ofihe rebels, a id,consisting
! of about 2.000 men, having all beet) marshall
ed, and review’d by the governor, were led
out, about ten o,clock, by him in person,up
Yo :go ttri-et, where, it was said, the rebels,
i in force, were waiting far us, and w ith w hom
we come up, at about 12 o'clock, at Montgom.
cry’s tavern, their head quarters.
Thov there anpuared to be l i considerable
| numb is, a mon it ing to between five and seven
; hiindr.'d men ; but from their ill chosun posi
(tio ?it w’js soo t svi-lent they could not make
any effectual resistance : and upon so
shots being fired upon them from two small
brass field pieces, they left the house and the
road—a part oi them taking up a position in
the woods on our left, the others retreating
back ami to our right.
Our firs! compa y, consisting of old soldiers r
were imnn diuti Iv sent to dislodge the enemy’
from tbc wood, which they did, ir. gallant sty le,,
i.i about fifteen tni .ulcs. killing about thirty, and
wounding aid taking prisoners a proportiona
ble number. We followed them about two
miles —but Mackenzie and a greater number
of his party got off’by scattering and li king to
the woods; and from our want of a sufficient
number of cavalry, it was thought useless to
follow them, they being completely, and, for
the peace of society, it is to b i‘ hoped effectu
ally routed. We were ordered back to the_city r
where we arrived about 5 o-clock, amid tho
warm congratulations and joy f: 11 acchimatioft.
of lhe population, who consider thcmsclve»
now free from any farther molestation fion»
xVr. Mackenzie, and his murderous and law
less gang.
Th.: Niagara volunteers.. (of* w Inch I wa»
one,) having left home, many of them without
an hour’s w’arniag. and quite unprovided
purse or otherwise, and alarmed for the safety
■of their own h >mes, (for among other reports,,
it. was said two hundred men were coming
from Buffalo to take the place, desired and ob
tained leave from his Excellency to return,
which they did, per Transit, of' yesterday
morning, gteeted by their friends and several
hundred ofthe mihtia; who wire preparing
to leave with the S. B. Briitaunia, to join,
them.
I need only f.-riht r ad 1, th I this movement
, made by fl? ;cko: zte, ia the present situation
of the province, is considered by all parties as
a mad att: n.pt ui.d that Mackenzie must have
been to a certam extent, deranged, or with
his nckiiowli-dgi'd shrewdness he could not
but h;.xe foreseen the fatal termination ofhis
I foolish attempt to overturn the government,
las it is supported by the greater number,
and possessed of most efi etna! means to put
.low;, sedition in any part ot the province.
Long have Maekei zie and a few such men
as are to be found in any commu; itv, ng tated
aid distu; bed the com try, and complained of
grievances w hich t ohudy saw or felt, and even
enlisted the general sympathy of tip? people of
I me United States, l.y praising their govern
ment a 1 d the cxci licnev of their i- stilutiona,
(w hich r.obndy w ill deny.) holdi g cur go .
ernment upto scorn :?s oppressive, and raising
he cry f f Lib nty ! L berly ! But I tru I his
de< ds for the I st f, w days will withdraw t'uu
veil tint has blindc.l p-mpleN eyes, and disco/,
er him in Ins proper colors.
V» hot more lib nty do w e w ant ia Canada
as a British provuice ? B it if we wa t more,
heaven preserve us fiom such l.bcrty as we
should g '.i i by cold bloi li d rn irtl.-r—(Col.
Moo-lie was murdered last Monday.in cold"
blood, b. caqse he refused, it is said, to lead on
ill'.’ i surgents)—or by burning our houses,
robbing the mail and individuals, and such oth r
like aeffons as M ickeuzie and !;;sparty have
.been guiit v of.
P. S. Every thing was quiet when I left
Poronto, except the bustle cans dbv the con
tinued arrival ot militia and volunteers, who
w ere hailed w ith pl .•■sure not tliat tin y were
exp ctcdtobe ueaded, but because of the lay.
ally a ;d utt.iehme t to the g‘>vcr.;tno t, their
ready off. r of a-.- ista ce i viiicud
I remain, gentlemen,your obedient servant.
ANGUS M'LEOD.
STILL LATER-5, P. M,
The cars have just arrive I. There is no
thing fartli r from Toronto. People are i.i
ir ns on both sides of theriv r. The f rry
boats are eittmr entirely st.d. <>r ai! passou.
gers strictly exanum ff.
SoutUrrn sonu#.
Atlicns, ( u.sanuilaj.iac ra'xr 23, 1837.
r ’’o ix; cjuck t P.-tro 3.
I.i taking a retrcsp- cl of the p is', we can
didly ci.itif.6s th .re is r.otii.rg that gives us so
much p.:in, as your w ant of j u ctuality. Ma
ny of you have bi cm the rtgi.fi..r recipients of
our paper for tw o, tliree, and in some instances,
four year?, w ifinont pay i g a farthing. We
time ialion.d for you faithfuiiv, and all we uik
is what is du? ur—shall wc be denied it?— or
will you exercise toward its a little honesty ?
You can at all times forward the mi n?y ly
mail, at our iisk; and we humbly hope you
wall lose no time in discharging the demands
so long standing against you.
By taking advantage es this means of re- -
miita. ee, you wi'l save us the necessity and
expense ot' sending a collector to you—in
which eve t. we shall in everv i stance rigidly
e foice oyr tc;*ns.
Inin>-r-5> Kemitter.
Tin D. cembi r No. of this Periodical is on
I our T..L1., and as usual full of in!: rest. In
our next we w ill give a table of contents, witl\
a more < xtc..d. d ; otic •.
We ar<- i dub id to the II k. Wm. C. Daw--
! son, and C. E. Haines, for copies of various
pub'ic documents, f r which they will phase
accept our thanks.
ncctl, by lirowuitaqr-
On Monday eveiii g last, an old. tn in named
Crider, a citizen of Frai klia county we be
lieve, togt tint wi h b.is daughter and youi g
sun, were drow t ed in attempting to cress San
dy Creek near this place. The creek was so
flushed from the recent rains, that the hutment
at lhe w est eml of the bridge had been unco
vered—ai d while i.i this state ai d covered
w ith water, the unlorlu ate persons attempted
to cross in a small Jerst v-waggon, w hich, im
mediately upon leaving the bridge, was car,
ried down the current. The bodb s were sub,
sequcutly fi uud and interred.
Congress.
Little of i i. r-. st his as yet transpired i l
this body, so fur as we are advised. At our
latest dales. Mr. Adams had taken lhe earliest
opportunity to present to the House numerous
> petitions from the New England States, aufl
from Ohio, protestii g against the annexation of
Texas to lhe United States, a: d some upon the
old vexed question of abolishi >g slaveiy in
the District ol Columbia. Mr. Lawler, of
Al .bama, again raised the questio.i ot recep.
tion, which was carried by a vote of 144 to 60.
So the House h ;s r.gaiti determined— by the
aid of Southern votes— to receive these infla
inatory petitions!
O;i the motion to r. fi r the petitions to a sc-
Sect committee. Mr. Adams made n mosi vehe
me.it and i labor;.te speech, w hich produced
■ great exciti tnent in the House; after which,
the motion cf Mr. X) ke, to lay the niotioD of