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Georgia S Statesman
TERMS,—S3 PER ANNUM, IN ADVANCE,]
BIItRITT & MEACHAM, Editors ]
GEORGIA STATESMAN.
IS PUBLISHED EVERT MONDAY IN
MILLEDGEVILLE, GA.
On Waync-Street, opposite the Eagle Hotel.
BY S. MEACIIAM.
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cr Fuiir Dollars if not paid in six months.—
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tad no paper discontinued till all arrearages
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N. B. —Notice of the sales of land and ne
groes, by Administrators, Executors, or Guar
dians, must be published sixty deyr previous
to the day of sale.
The sale of personal property in like man
ner must he published forty days previous to
the day of sale.
Notice that application will be made to the
Court of Ordinary for leave to sell land, must
be published nine months.
Notice that application has been made so
Letters of Administration, must also he pub
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*** All letters directed to the Editors on
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j mid
SALE. ~
ON the first Tuesday in March next, will
be sold in the town of Jackson. Butts
county, between the legal hours of sale, the
lollowing prsperty, to wit:
202 a Acres of land, more or less,
whereon Robert Andrew now lives, known
by Lot No. 96, originally 14th Dist. Monroe,
now Butts county, Levied on as the projierty
of Joseph Sentcll, to satisfy a fi fa in favor of
Wm. White, against Joseph Sentell and Alex
ander Herrin, security on an appeal. Prop
erty pointed out by Alexander Herrin.
Also—one negro woman named Matilda,
and her child Moses, as the property of Neil
Furgurson, to satisfy a fi fa in favor of Zach
nriah White, property pointed out by the de
fendant.
Also—one grey horse, as the property of
Yelvcnton Thaxton, to satisfy sundry (i fas ;
one in favor of John E. Bailey and others.
Property pointed out by tiie Defendant.
Also—one grey mare, six or seven years
old, and tbriie promissory notes, payable to
Jonathan Harkncss, one on Margaret Neely,
and two on George Harkness, as the property
of Jonathan Harkncss and Richard Pounds.
Property pointed out by the defendant.
Also—one proramissory note, payable to
Silas Cheek or bearer, for four hundred dol
lars, signed by Robert Smith, as the property
of Silas Cheek. Property pointed out by
Silas Cheek.
Also, 202 acres of lain], more or
less, whereon Starlin Kemp now lives, to
satiety o ti fa in favor of John Bacblott, and
others, vs. Basil Lowe. Property pointed
out by the plantiff-
Also—so acres of land, part of Lot No.
•12, in the first Dist. formerly Henry, now
butts county, north-east corner of said Lo ;
Levied on as the property of Thomas House,
■ o satisfy sundry fi fas in favor of Wm. Scott.
Projierty pointed out by the plantiff.
ISAAC. NOLEN, Sh’ff.
Jan. 27th, 1827. 56—tds
SCHLESrS m&EST.
COPIES of the above work for sale at the
MILLEDGEVILLE BOOK STORE.
NOTICE.
A LL those having claims against the cs
rlt. tate of Jacob Maddux, dec. are reques
ied to hand them in, in terms of the law, for
settlement ; and those indebted to make im
medk-le payment.
WESLEY CAMP, Adm.
Feb. 5. 1527. 59—6 t
aSGIIMXafTAX. ORDERS.
MILLEDGEVILLE, 12th Feb. 1827.
PURSUANT to the Orders of the Major
General, the Review and Inspection of the
33d Regiment of Georgia Militia, will take
place, at the Court-House in the county of
Baldwin, on the twenty-fourth of March next.
The Officers, and Non-Commissioned officers
will be assembled for the purpose of instruc
tion, on Friday the 23d of March, at the hour
prescribed by law. Punctual attendance be
required,
111/ order of Col. BOZEMAN.
J. 11. WALKER, Adjut.
58—t23m.
From 4 the Memorial,
Mr Editor. —So you liave hoisted
flic banner of opposition—pray hear
both sides. As Dean Swift in his
Thoughts on Religion, solemely de
clares that no wise man ever mar
ried from the dictates of reason , it
may be presumed that General Mc-
Clure, considering all bachelors as
wise men, is desirous of furnishing
T hem with a justifiable motive for
relinquishing their state of single
blessedness. Not so the eloquent
hard who, with such delicate simpli
city, has depicted, in the following
sonnet, the hapless lot of the unfor
tunate Benedict, who sighs to think
'hat poetry is not always fiction.
If ever you marry a wife,
Rurnty-ily-oody-dce;
Adieu to the comforts of life,
Ivumty-ity-oody-dee.
If you ask but a friend for to dine,
Uumty-ity-oodj-dee;
Site stints you to one pint of wine;
Rumty-ity- oody-dcc.
Sbc hopes you can dine off a hash,
Rurut y-ity-o ody-dee;
For we’er up to our necks in a wash,
I'mnty.iiy-oody dec.
•he hopes he will slay and take tea,
Rumty-ity-oody-dee;
tic are all in a family war,
Rumty-ity-oody-dee
1 never give ought for to sup,
Rumty-ity-oody-dee;
That the maid may the sooner get up.
Rumty-ity-oody-dee.
MV all go to bed before ten,
Rumty-ity-oody-dee;
1 *h! pray when shall we see you again
Suinty-ity-oody-dee.
•V. Y. Enquier •
THE HUNTERS OF KENTUCKY.
a son a.
Ye gentlemen and ladies fair,
Who grace this famous city,
Just listen if you’ve time to spare,
While 1 rehearse a ditty :
And for an opportunity,
Conceive yourselves quite lucky,
For ’tis not often here you see
A hunter from Kentucky.
Oh, Kentucky,—the hunters of Kentucky,
The hunters of Kentucky.
We're a hardy free bom race,
Each man, to fear, a stranger,
YVliateVr the game, we join in chase,
Despising toil and danger .•
And if a during foe annoys,
Whate’er his slrengk and forces,
We’ll show him that Kentucky boys
Arc “ alligator horses.”
Oh, Kentucky, &.c.
I s’p >se you’ve read it in the prints,
HowPackcnham attempted
To make Old Hickry Jackson wince,
But soon his scheme repented;
For we, with rifles ready cock’d,
Thought such occasion lucky,
And soon the General flock’d
The hunters of Kentucky.
Oh, Kentucky, &.c.
You’ve heard, I s’pose, how Neiv-Orlcans,
Is fam’d for wealth and beauty—
There’s girls of ev’ry hue it seems,
From snowy white to sooty ;
So Packenham he made his brags,
If be in fight was lucky,
He’d have their girls and cotton bags
In spite of old Kentucky.
Oh, Kentucky, fee.
But Jackson lie was wide awake,
And was’nt scar’d at trifles :
For well he kuew what aim we take
With our Kentucky rifles,
So led us down to Cyprus swamp,
The ground was low and mucky,
There stood John Bull in martial pomp.
And here was old Kentucky.
Oh, Kentucky, &e.
A bank was rais’d to hide our breast,
Not that we thought of dying',
But that we always like to rest.
Unless the game is flying ;
Behind it stood our little foree—
None wish’d it any greater,
For every man was half a horse,
And half an alligator.
Oh, Kentucky, See.
They did r.ot let aur patience tire
Before they show'll their (hcea—
We did not wish to waste our fire,
So sin gly kept our places :
But when so near wc saw them wink,
We thought it time to stop’em,
And ’twould have doue you good, I thick,
To see Kentucky drop’em.
Ob, Kentucky, &c.
They found at last, ’twas vain to fijht
Where lead was all their ’>ooty,
And so they wisely took to flight,
And left us all their beauty.
And now if danger e’er annoys,
Remember what our trade is,
Just send for us Kentucky boys,
And we’ll protect ye, ladies.
Oh,
THE UNITED STATES AND
GEORGIA.
The Presidents Message of the sth inst. in
relation to the Encroachments of Georgia
upon the Creek Territory, being read In
Senate.
Mr. BENTON moved tho refer
ence of the message to the Judiciary
Committee. At first he had thought
it a fit subject for a reference to the
Committee on Indian Affairs: hut
he did not now think so, as there
were questions involved in the mes
sage in relation to the enforement of
laws and treaties, which required an
investigation by the Judiciary Com
mittee.
Mr. BERRIEN said: I agree with
the Senator from Missouri, that this
message, and the accompanying doc
uments, ought not to be referred to
(he Committee on Indian Affairs, be
cause they involve questions very
much beyond the limits of those
which are ordinarily and appropri
ately assigned to that Committee 1
disagree with him in the opinion that
they constitute a proper subject of
refer ncc to the Judiciary Committee;
and so perfect is my reliance on the
correctness of his judgment, when
he shall hax'e directed his attention
to the various subjects of this mes
sage, that I shall not hesitate to pro
pose a different reference, in the con
fidence that he will, on further re
flection, concur with me in the view
which I have taken of it, and will
therefore withdraw his motion.
Sir, the President of the United
Slates, in the message now before us,
bar. called us to the consideration ot
various questions, in their nature
. rave, important, and delicate.
lie Ins told you that certain of/icer*
o' the State of Georgia acting with
n the limits of that State, and unde.
authority of its laws, have vioh"
■l, according to his construction t i
an act of the Congress of the i
i tates fie has told you that, acc<.
! mg to bis constructjop of that act,
H* tibieruntartes, pacisquc imponere morem, parcere et debcllare superboi.—Vir.ciL.
Milledggville, Monday, February 28, 1827.
he is authorized to arrest these of
ficers thus engaged in the execution
of their duty, under the laws of the
State, and w ithin its limits, and to
bring then) to trial belbre the judi
cial tribunals of the United States,
or, at his discretion, (o a «mploy the
military force of the Union, the army
of the United States, the bayonets of
its regular soldiery, to coerce the
State of Georgia, through these ot
ficers, to submit to his construction
of this act, and his opiuion as to the
rights of that State, lie has told
you that he has already directed the
arrest and trial of these otlicers, as
offenders against this law of the IJ.
States ; and before any decision of
yours can operate, this mandate will
no doubt have been carried into el
iiect, so far as it relates to the arrest
of the supposed offenders. He sub
mits to you the inquiry, whether any
act of legislat.on be necessary on the
part of the Congress of the United
States ; and accompanies this inqui
ry with the declaration of his deter
mination, under a sense of higher
obligations than any which Congress
can impose, if in his view it shall be
come necessary, to call out the mili
tary force of the United States to
carry this act of Congress into effect,
according to his understanding of its
meaning and intent.
Sir, I repeat th declaration. The
questions presented by this message
are grave, important, and delicate.
They cannot be arranged under the'
head of the duties, appropriately
anti peculiarly assigned to any one of
the Standing Committees of this
House.
Excluding the idea of the actual
pendency of a judicial inquiry, which
lias been instituted under the orders
ol the President of the United States
himself, another question presents
itself, which, in my view, equally
transcends tiie limits of the duties
which appropriately belong to the
Judiciary Committee. I state it
thus ;
Is the resort to military fore e,before
■judicial inquiry is had, an appropriate
mode of determining the rights of
one of the Sovereign States of this
Confederacy ? The question, sir,
is notv comparatively unimportant.
But we are establishing, so far as
may depend upon us, principles which
may effect the future destinies oi
this Republic; and our experience
has taugiit us, how promptly pre
cedents are resorted to to sustain
assumptions of power.
Another question., alike grave,
presents itself to our consideration,
and is equally beyond the limits ot
the duties of any of the Standing
Committees of this House.
If the line of conduct which the
State and its officers are bound to
pursue, is prescribed by law —if the
United States has a right to judicial
inquiry, as to the effect and operation
ol that law. on tho case stated in the
Message, has not the State of Canr
giit an equal right to such judicial in
quiry ? Where is the evidence that
she shuns it ? If shq meet the in
vestigation which therresident tells
you he has directed to be instituted,
are her officers to have a fair and an
impartial trial—the privilege which
is allowed to the veriest culprit, or
are they to encounter it under the
previous denunciation of the Pre
sident and Congress of the Unit?
ed States, with the Army to hack
them 1
It is another subject of grave and
interesting inquiry, which every lover
ol peace, every friend to the Union,
will delight to pursue, whether some
other nrodc may not be devised, by
which this difficulty may be adjust
d. without arryinga sovereign State
of this Union against the Confedera
cy, either in the forum or tho field.
If happily such a measure can be de
vised, all will agree that it ought to
be resorted to, and yet the questions
necessary to its determination are
beyond the sphere of the duties of
any Standing Committee of this
House.
There is yet a remaining question,
full of importance to every member
of this Confederacy. The President
of the United States has announced
to us his construction of an act of
Congress, and has alleged the viola
tion of that act by the officers of the
State of Georgia, acting within her
limits, and under the authority of
her laws. He has declared his res
olution to carry that act into effect,
according to the construction which
he has given to it, by the use, if it
shall become necessary, of all the
leans at his disposal He has dis
tantly announced to us his determi.f
. tion, as an ultimate resort, to avail
: iinself of the Military arm of the
L'NIOV.
1 submit, then, to the Senator from
Missouri, and to this House, the
estion, whether this Message, thu
dving an inquiry materially affect
t the rights of the States and ot
uo Union, and t£e power? uod ti
duties of the President of the Unit
ed States, ought to be referred jtoanv
•ftbe ordinary Standing Committees’
of this House. And, believing, as
1 do, that a Committee specially con
stituted for the purpose of this in
quiry, will most effectually accom
plish the objects which every one
Spuld desire to attain, the ascertain
ed ol truth—(he administration
of justice—and the perservation of
the Constitutional rights of the
States and of the Union : I move
that the Message of the President
dt f.h© UpitCil States anil the accom
panying documents, he referred to a
Select Committee
Mr. HOLMES said that it seem
d that part of the message, in reali
ty, belonged to the Judiciary Com
mittee ; that another part belonged
to the Committee on Indian Affairs;
and that another portion fairly be
longed to the Military Committee.
There was another portion of this
Message, which illustrated an opin
ion which Mr. 11. had long enter
tained. He had, for a long time,
considered, that there was a defi
ciency in the Standing Committees,
and that another ought to be added \
to those which already existed in the
Senate : A Committee to decide
upon ail questions between the j
States and the United States, would,
ho thought be a valuable addition; I
and it would very properly receive j
the name of the Committee of the j
States. He would only say that he j
was sorry any. collision should take j
place between the Federal Govern- j
moat aud any of the State Govern- i
men is ; and a question of such a
nature ought rather to be r ferred
to a Select than a Standing Com
mittee
Mr. JOHNSON, of Kentucky,
said, that he should not be in favor
of referring the message to a select
committee. It ought to go to a static
ding committee not appointed f(0
the pqrpse of considering ihe subject
but originated before this matter had
been agitated. On a subject of the
uaturo. of this, feeling would neces
sarily Jbe excited ; and he therefore
hoped ihw reference wouM be made
to some committee not likely to par
take of any excitement that might
be felt in this instance. The Mes
sage ought to go to the Committee
on Indian Affairs, whose ability to
decide upon it could not be question
ed. They would report, and the sub
ject, without further trouble, would
be brought before the Senate in its
proper light. If the United States’
Government were wrong, or if the
Government of Georgia were wrong,
the Senate would clearly understand
it, aud the proper means for recify
ingthe difference could then be point
ed out. There bed been instances
of interference on tin; part of the
Federal powers upon the States,
which cnlled for redress ; even the
Stpte represented by him had been
much oppressed; their laws had
been nullified by a system of Judi
cial procedure unwarranted and un
precedented. But never had any
collision between the Federal and
State authorities appeared in so ap
palling or so dangerous a light as, at
first view, it did in this case. 11c
did not fear that any great danger
would arise out of this matter—it
was one of those summer clouds
which sometimes overcast the brigh
test day; such had darkened our
prospects formerly, and had been dis
pelled, and so it wouljl be, he trusted
in this instance. What he princi
pally feared, was, the moral effect
which such a disagreement would
have upon the country, and in the
view of the world.
Mr. HARRISON, moved to lay
tho Message on the table, and to
print it, but withdrew his motion at
the request of
Mr. BERRIEN, who said: If I
did not believe, Mr. President, that
the observations of the Senotor from
Kentucky would receive an inter
pretation beyond that which he would
himself give to them, I would not
trespass on your time, by the very
brief reply which I am now about to
make. 1 reply", with entire confi
dence, on the assurance which he
has given to the Senate, that it was
not his intention, in this stage of this
inqiirv, to express any opinion on
ihe merits of the controversy be
'tweentlic Stifle of Georgia and the
United States, and the equally ex
plicit declaration, that he and and not de
o*gn to censure tbp conduct of that
tilate in reference to this subject;
but. as his remarks seem to me to be
asceptible of such an interpretation
•ad as such a censure would be alike
uncalled for and unjust, I fed my
self bound by every consideration of
duty, V> vindicate the State which I
have the honor to represent on tin -
Kloof.
Sir, if this measure is calculated
disturb the harmony of our coun
. j- —if t ho moral effort of tile agita
ou ot such 9 quest ioo bo ot 9, which
[Vol. 11. No. B.—Whole No. LX.
| every patriot should deplore—if, in
the language of the Senator from
Kentucky, it is a fire-brand thrown
among us—l call upon that honorable
Senator, and on this House, to bear
witness.thdt georgia is not the actor on
this occasion,she has not revived this
unhappy strife—she has acted under
a law, passed at a moment when, by
treaty, she had acquired undisputed
dominion overall the lands within
her chartered limits—in conformity
to principles distinctly avowed on
this poor by honorable Senators, who
gave their sanctiou to that instru
m nt. by which this treaty was par
tially revoked. When, at the last
session of Congress, the treaty with
the Creek Indians was* under con»
-ideration, it was distinctly admitted
—no one ventured to assert the con
trary —that, so far as the rights of
Georgia were concerned, she had an
absolute vested interest, under the
treaty of the Indian Springs, which
could not be touched without her
consent.
It was said, and reiterated, that
the new treaty would secure to Geor
gia all the lands within her charter
ed limits ; but if, by any mistake, a
, small portion should be excluded,
; tho United States would make haste
Jto remove the difficulty, by obtain
ing an instant cession of that portion
' from (he Indians, with the distinct
I concession that the United States
[coukl not deprive Georgia of the
{ rights wl*jch she had acquired under
j the former treaty. Relying on these
principles, and on her clear and un-
I deniable and solemnly adjudged right
to curvey lands within her chartered
limits, the State of Georgia has pro
ceeded to execute her law. She has
met with obstructions from some
Indian Chiefs ; and the President of
(he United States, not content with
having directed her officers to be
arrested, has come here to menace
her with the employment of the mil
itary force of the Union. If a resort
to the Judicial tribunals was proper,
and will he available, why threaten
her with the use qf. military force I
Has she yet refused to submit her
self to Judicial arbitrament? If arms
ire to be used, why resort to the
miserable farce of a Judicial trial ?
Since Georgia has not yet resisted
the civil authority of the United
States, why agitate the councils of
the Union by anticipating a conflict,
which however unequal, may never
theless be fatal to the happiness of
this Confederacy ? I call upon the
Senator from Kentucky to bear wit
ness, that this is not the act of Geor
gia. I ask him to reserve his opin
ino for the full investigation of this
case. If, on that investigation, it
shall appear, that the Executive
Government of the United States
could at any time have terminated
this unhappy controversy, by an act
of perfect justice to Georgia, to the
Creek Indians, and to the Unitod
States—l will call upon him to say,
under the influence of what motive
(his subject has, in this form, been
thus obtruded on the harmony of
our councils. I agree that is a fire
brand—l repeat to him, Georgia lias
not thrown it—l trust the reference
to a select Committee will prevail.
Mr. BENTON observed, that,
on the first hoaring of the message,
he had thought tho Judiciary Corn- i
mittee a proper reference ; but on
further consideration of the various
questions involved in that document,
he was disposed to agree with the
gentleman from Georgia, that the
proper course would be to refer it
to a select Committee. He would
therefore, withdraw the motion he
had made.
Mr. HARRISON said, that as
there were a great diversity of opin
ions on the subject, and as it seemed
to him, that the message, having but
once been read, was not thoroughly
understood, and as he thought even
the gentleman from Missouri, rvas
not altogether correct in his concep
tion of its character, lie would again
move to lay it on the table ; but he
again withdrew the motion at the
request of
Mr. JOHNSON, of Kentucky,
who said, in explanation, that, so tar
from taking upou himself to bestow
cenbure on the Goverriuent of Geor
gia, he had not intended to express
any opinion upon the merits of the
case. He certainly did not sut
(iciently understand the subject to
take sides. His design, in moving
the reference to a Standing Commit
tee, was, that a more unbiassed
decision might be obtained. As to
the subject in dispute, he lop <1
some adjustment would be spcediij
made, so that the line of tho disput
od territory ought be run; and that
an appropriation might then be made
by Congrc s, and the land bouglil
up. that they might have done will
the matter.
Some tttrther conversation took
place, when tho motiou of Mr. HAli
RISON, to lay the message on thy
table, to
[OR *4 IF NOT PAID IN SIX MONTHS.
The question, on the motion
Mr. BERRIEN, to refer it to a se
lect Committee offive, was then put
<M(f carried : and the following gen
tlemen were elected to compose the
committee; Messrs. BENTON, BER
RIEN, VAN BUREN, SMITH, of
S. C-, and HARRISON.
The same Message bung read in the
House of Representatives.
Mr. Forsyth moved the reference
of this comrounicatiop to a Commit
t e of the Whole House, on the
state of the Union. * He said that he
rejoiced that at length the strange
circumstances of this case had been
presented to the House in such a form
as to compel the rendering of a so
lemn decision between the Execu
tive find the State of Georgia, and
that it was called for, at this time——
not by them, for they had been de
manding it for years past—but that
now tho call came from the Execu
tive. He could not, however, as a
Representative of Georgia, consent
to sit and quietly hoar the charges
brought forward in this communica
tion against the authorities of that
State. They had done nothing
which violated the Constitution of
their country. He would say this in
ihe face of the Executive.
[Here some member called Mr.
Forsyth to order, but the Speaker
decide 1 that ho was not out of
order.]
Mr. F. then procagdedio say that
he also rejoiced to that tho
Chief Magtsitrate, in
of wiiat he conceived to be his duty,
had not, this time, made his appeal
to military force. He denied, how
ever, the existence of any Constitu
tional authority to employ such force
either in the present case, or in any
other which had occurred within that
State ; and he rejoiced to see that
Ihe Executive had now thought pro
per to resort to the Civil Authority.
Mr. F. hero denied that the Gov
ernor of Georgia was guilty of trnn
seuding the authority vested in him
by law. lie acted under the Sov
reigoty of his State, and had exercis
ed ouly that discressioaary power
which was vested in him by her laws.
He had acted under rights exercised
in every part of the Union, and which
had never been resisted, except in
the case ol Georgia alone.
Mr. F. said that it would be easy
to dilate on this subject; but he per
ceived that there existed in respect
to it, some sensibility in the House,
and he would forbear.
Mr. Powell, of Virginia, inquired
whether the gentleman from Georgia
anticipated any legislation in refer
ence to the communication just re
ceived ? and whether it would not
be more expedient to refer it to ona
of the standing Committees of the
House, rather than to a committee of
the Whole.
Mr. Forsyth replied, that since
the inquiry had been so directly put,
he would frankly reply, that he did
not anticipate any legislation : and
he insisted that no legislation in the
case could be necessary or proper.
He considered the Executive as ask
ing the opinion of this House in re
lation to certain rights of the State
of Georgia. If the opinion of tho
House should bo in affirmance of
those rights, n«* other act than a dec
laration of such opinion, need ensue.
Very false impressions were enter
tained on this matter. It was only
for the United States to will, and
her will would be instantly obeyed.
There was nothing to be apprehend
ed if the General Government did not
interfere, and under the semblance
of protection, stimulate the Indians
to a resistance of the authority of
the State All the difficulties which
had existed from the beginning of
this business, had been created by
this interference. Those unfortu
nate beings would long since have
done their duty to the country, cud
to themselves, is it had not been
for the base interference of infomous
white men, who exercised an influ
ence over them. Was it not suffi
cient to refer to the scene which had
taken place at this spot during the
last winter —to the base and infa
mous conduct of those who came
with the Indians, under the pretence
of protecting them ? Th re could
be no n ed of any farther legislation
on the subject. If the rights of the
Indians had been violated, existing
laws provided an ample remedy, and
the Courts of the United States ware
open to them.
Mr. Webster said, on rising, that,
nc was not much concerned whar.
course this communication should
take, or whether it should be refer
t-d to#3ue committee or another,
but he was not contented that if
should 4 be supposed, cither hare ©r
elsewhere, that there existed an e©
ure unanimity of opinion with tfac
gentleman from Georgia on thi.'
abject. The gentleman from .
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