Georgia Historic Newspapers

    CHRONICLE AND SE STINEL.
AUGUSTA.
FRIDAY MORNING, Al v .IL 3.
From a series of articles now i i the course of
publication in the National Intellii encer, we ex
ited the following sketch of a voti given in the
Senate of the United States, on a question of vi
tal interest, at that time, to the < tizens of this
city, and of very considerable im >ortance to a
great portion of Georgia.
Among the acts which passed d iring General
Harrison’s terra ot service was on. which seems
almost to have been contrived for t %e purpose of
defining the extent to which Cong ess has right
ful authority in regard to public w rks which are
within the jurisdiction of a State, a id not beyond
the means of the State itself. Th * obvious rule
is, that tire improvement proposed be necessary
and proper for the regulation of c mmerce with
foreign powers or among the sevc fai States, for
the transportation of the mail, for t ie uses ot the
Army and Navy, or foi the execut >n of any oth
er of the substantive powers of '
the case before us, being the act to removing ob
structions te the navigation of the River Savan
nah. in Georgia, the power was cons ti
ered by some Senators as incidental to the war
power, the obstructions in question consisting of
old hulks sunk during the Revo utionary war,
round which the sand had accui lulatcd. Ihe
hill was supported, however, by th i Chairman of
the Committee on Commerce (Mr. .Lloyd, of Mas
sachusetts) on its true ground; tint of the ad
vantages which would result to tli ‘ commerce ot
the United States at large by the r. moval of these
obstructions, aud upon thejustice i t granting to
Georgia that assistance, in this ca •?, which had
been granted to so many other Sta .es on similar
or analogous-occasions.
This bill passed the Senate by 36 yeas to 3
navs. And the yeas, along with the name ot
General Harrison, we find the i arae of every
friend of the administration ot ? Ir. Adams, in
company with the names of Mi Benton, Mr.
Berrien, Mr. Branch, Mr. Chandl r, Mr. Cobb,
Mr. Dickerson, Mr, Findlay, Mr Harper, Mr.
Hayue, Mr. Johnson, (of Ky.) Hr. Kane, Mr.
King, Mr. Rowan, Mr. Sanford, B r. Woodbury,
&c. Tire nays were Mr. Macon, Mr. Tazewell,
and Mr. Van Buren.
For the information of that ] ortion of the
Van Buren press in Georgia, who insist so per
tenaciouly that the Abolitionists a: e confined ex
clusively to the ranks of the v\ hi ; party at the
North, we copy the following leit ;r, which we
obtained from the New York Tin ?s.
It is true we hove generally reg irded this at
tempt of the Van Buren uress to gull the peo
ple, as too contemptible to deserve serious notice.
This opinion we yet entertain, and ieel confident
that the intelligent portion of tlujir own party
have always looked upon such effects, rather with
feelings of regret, for the disrcgaijl ot truth so
boldly exhibited by the conductors!of their party
presses, than with pride even whep anticipating
the results of a victory obtained t> r such misre
presentation. There arc, howevei those whose
means of information are confined to a more nar
row sphere, and who might cons quenlly be led
astray by such misreprentation i it were not
corrected.
Vau Buren Aliolitiot ists.
The Globe, Richm md Enquire - , Albany Ar
gus, and the various locofoco paj srs throughout
the country that adopt and circr ate the state
ments manufactured for them in those prints,
have for a long period been eudeivoiing to fix
the taint of abolitionism upon lie Democratic
W’hig party. ‘How far they h&ve Succeeded, the
recantation of hundreds of Vaj Burcn’s old
suppo.ters in Virginia and other parts of the
South will best show, ‘if farther . vidence of the
falsehood of these allegations is rc julred, it will
be found in the foliowing letter fr nu a leading
abolitionist to the editor of the En aucipator, the
■the grand central organ of ahohti. nisrn. It will
be seen that the letter contains a d struct and pos
itive declaration, that if seven Wl ig r its could
be obtained in the Assembly of his Sta.e, (a
thing which the writer acknowlcd ;es to be im
possible,) Mr. Tal madge could be lefeated at the
then pending election for United dates Senator,
end Gerrit Smith, the abolition ca: didate for that
office, elected by the Van Burea party! Com
ment would be superfluous-
From the Emancipate .
LETTER FROM ALVA X. STI WART.
Vo the Editor ■
Sr n. —An independent abolitiih political par
ty is the only hope, for the red*. ■option of the
SLA VE ! ! i
If we had only seven abolition Whigs in the
Assembly ot this State, the othc ■ party would
enable those seven abolition me ibers to elect
Gerrit Smith, James G. Burney, o any other tal
ented cbolitionist to the Senate >f the United
States for six years, to defeat Mr. ’allmadge, the
Whig candidate. But we have rot those seven
men, and how can you expect we should, as
long as the ties of .parly are str ag enough to
make leading abolitionists, yea, 1 gh officers of
Anti-Slavery societies, consent t - act in whig
meetings, commend the doings of ihe Harrisburg
Convention, nominating Uarrisot and Tyler ?
I beg aud implore our brethren o take hold and
make and independent party of a lolitionists, and
unite Whig aud Van Buren cb< litionists heart
and hand. It can be demonstrate I, that the very
first year, we should elect, at lea;i, one-third of
the Congress men. Senators and Assembly men
from this Slate.
Unless we adopt the course :.»f independent
nomination - , the absurdity of a olitionisU will
be so prominent in woting for Mai ison and slave
holding Tyler, on one side, and 1 an Buren and
some »lavcho!ding Vice Preside t on the other,
that we shall never be able to he I up our heads
again. We must nominate a Pr« adeatand ice
Presided of our own, to present our
for consistency, as well as a mattlr of principle,
and when the nation sees that ae votes which
we have cast for President aad l ice President
have changed the apparent deoti y of one ot the
two great parties; it will astomsl all men, and
make the enemies of the slave tr« nble.
Easily, by placing our catuli ales before the
world two or three months, we ;ivc the old par
ties an opportunity to select fu>i i our ticket, in
stead es onrs selecting from thei •„ nominated on
the eve of an eleation, when it i too late tor the
abolitionists to compare opinion , and nominate
for themselves. Yours, At
Alva L Stewaet.
Utica, January, 1846.
The New-Yorker of Saturda;; says :—A great
meetings of the friends of the Registry Bill in
this City was held at Masonic Kail last evening.
(Friday) and was disturbed by t riotous irrup
tion of the opponeauof the bil!,j Much injury
was done to persons and proper v.
- :
The W.vh Question'. —The Charleston Cour
ier of v.pfcr'ay —“ A gen lotnan of high in
telligence jus: from Wu-h ng’ > i miorms us that
there is less uik and less apprel -msion of war, in
Washington, than in Charleston.
For the Chronicle 8f Sentinel.
The Operas.
Last night we attended the second representa
tion of “Cinderella,” in order, not only to enjoy
the beautiful music so exquisitely given, hut if
possible, to settle our senses from the vortex of
enthusiasm we were thrown into on Tuesday
j evening, and thus endeavor, by the lapse of time
intervening, and a renewal of the delight, to give
a more sober account of the effect produced than
we could by possibility, in the first instance.—
From the intoxicating delusion of delight, we ex
perienced on the first representation, and if your
readers have not encountered (or do not en
counter) some such sensations, on witnessing
Rossini’s Cinderella for the first time , we fear
we must say in the words of the bard of Avon,
“ The man that has not music in his soul,” &c.
But such (we fearlessly say) cannot be the case.
Mrs. Seguin as Cinderella, captivated and aston
ished us; first, by the veiy simple and affecting
manner in which she performed the part of the
harshly treated sister. It was remarked by a
gentleman near rs, that he had never seen the
pait performed before, although he had wit
nessed its representation in New Vork and the
other Eastern cities. For, as he observed, I
never before observed any feelings of virtuous
endurance and patient resignation to the brutal
treatment of her proud sister, and overbearing
pomposity and scorn of her father, that I now
behold pourtrayed so exquisitely by Mrs. S. I
have mostly seen it played with an utter disre
gard either to the meaning of the words uttered
or to the relative situation of the scene. If such
was the effect of her acting upon one, in every
way competent to judge, what must have been
that of her singing] We endeavored to obtain
an opinion from the same source upon the sing
ing, but were disappointed- —for we could obtain
nothing but exclamations of delightful! exqui
site !! beautiful!!! and so in truth it was. For
never did soaring lark at early dawn warble more
edchantingly, than did Cinderella on Tuesday
and Thursday. We consider Mrs. Seguin’s ef
forts the most perfect specimen of Vocacaliza
tion we have ever listened to. It held us breath
less with delight. Where so many beauties ex
ist, we cannot distinguish, nor do we wish to in
terrupt the harmony of the whole. Li t those
who think differently, go the Theatre and cull for
themselves. Mr. Seguin, with his magnificent
voice, surprised and delighted all, by his rare
qualities as a singer and actor. Mr. Horncaslle
and Mr. Latham equally divided the enthusiastic
approbation of a delighted auditory, by the ex
cellence of their vocal efforts, and the filling out
that important advice, “To hold as ’twere the
mirror up to nature,” in their recitation of the
“Courteous Prince and Pompous Baron.” This
Evening, The Barber of Seville, an Opera cele
brated throughout the civilized world. Crowded
audiences each evening must repay our Mana
ger’s effort, or we shall have our taste impugned.
Bat that shall never be. Amateurs.
Av Impbouable Rumor.—The Philadelphia
Inquirer of Monday says:—We heard a rumour
on Saturday night that the President had deter
mined to issue a proclamation for 25,000 volun
teers, as a measure of precaution in relation to
apprehended trouble with Great Britain.
The Albany Evening Journal says :—“The
Pension Agency in this city is without funds.
Payments to Revolutionary Soldiers, therefore,
are suspinbeh ! The General Government is
squandering Millions in the Swamps of Florida,
while the venerable Patriots of’76 are denied the
small instalments which the Government is pled'
ged to pay on the heavy debt due to them.
Ax Armt.—lt is stated that the number of
Clergymen in the established church of England,
amounts to sixteen thousand.
From the New Orleans Picayune, of the 21th.
Late Irom Texas.
The steam packet Columbia. Capt. Windle,
arrived yesterday morning from Galveston, bring
ing Houston dates to the 21st inst. and Galves
ton to the 23d. The Columbia had a large num
ber of passengers.
The papers do not say a word about the long
threatened invasion by the forces of Mexico, and
the much talked of expedition has probably been
given up.
Matagorda is described to be an unusually
healthy place. For the last five months, out of a
population of upwards of 1,000, there had been
hut four deaths.
The Galvestonian now comes out every day—
the first daily ever started at Galveston.
The steamer Correo has ascended the Trinity
as high up as Cincinnati, 500 miles. The cap
tain, Clark, says that the country all along is iu
a thriving condition.
Corn was selling in Austin at sl4 per bushel ;
beef at 25 cents, and pork at 75 cents peril).; and
flour at the moderate price of sllO per hbl. Gro
ceries would have commanded any price had there
been any in the market.
The steamboat Brighton was snagged near
Houston on the 20lh inst. and sunk immediate
ly-
There had been a great excitement at Austin
in consequence of the murder of two men, Wm.
Ward and James Headley, by the Indians. It
was uncertain to what tribe the Indians belong
ed. but Col. .Burleson had set oft’ in pursuit of
them. Ttie inhabitants of Austin were highly
exasperated, and threatened to kill every Indian
they could find.
Madame Thielman is giving Musical Soirees
at Houston.
Crevassf,.—The steamer Robert Fulton, ar
rived yeiterday, reports that about two miles
above the Red Church, in the neighborhood of
Mr. McCutcheon, the levee has given way and
that the adjoining plantations are inundated. The
breach is from 15 to 20 feet wide. A number
of hands were engaged in driving and filling the
opening with brushwood ; but little progress had
been made in arresting the flood. The breach
is in one of the bends, against which the cunent
of the Mississippi beats with great force.
The storm last Friday, is repotted to have been
very violent in the neighborhood of Baton Rogue;
tearing down in its course the largest trees.—
New Orleans Bee, of the 23 d.
Be xt wife. —The following native lover’s
proposal was offered as an irresistible temptation
to a filially given inamorata: “I like you,” sigh
ed the girl to her suitor, • but I can’t leave home.
I’m a widow’s only darling; no husband can ever
equal a mother iu kindness ” “She is kind,”re
plied the wooer, “but be my wife, we will live to- j
getticr, and see if I don’t beat your mother.” *
| Letter from the Hon. Edward J. Black
to (>or. McDonald.
Washington, February 17, 1840.7
House of Representatives. 5
f To hit Exc'y. Charles J. McDonald,
Governor of ihe State of Georgia.
Sir—l have been for some time in receipt of
r your communication, covering the preamble and
' resolutions relative to ourcontroversy with Maine,
! introduced into the last Legislature by Mr. Jen
, kins, and ultimately passed by that body; in lieu
of the more decided and appropriate measures
proposed to the Senate by the Hon. A. J. Law
■ son, of Burke, and to the House of Representa
■ lives, by George W. Crawford, Esq., of Rich
mond.
I should not have suffered so much lime to
' elapse before I addressed your Excellency upon
the grave and important subject, submitted by
these Resolutions to my consideration, but that I
hopeu something might transpire from the au
thorities of Maine, which would relieve me from
the necessity of speaking plainly on a subject on
which it was evident, my views and opinions
would come in direct collision with those of oth
ers, who have heretofore been recognized as ad
vocates of State Rights, at least, as they were
connected with this absorbing question. My ex
pectation has not been realized; Maine still is
erect in her adverse position, and I am forced to
perform what I conceive to be a duty imperative
upon me in my representative capacity, to return
to your Excellency the resolutions you enclosed,
anil with them, my reasons for declining to pre
sent them to Congress.
How then stands the easel Sometime in May,
1837, Daniel Philbrook and Edward Kelleran,
citizens of Maine, the former master, and the
latter mate of the schooner Boston, trading to
Savannah, while in that port feloniously inveigled
from James Sagurs and Henry Sagurs, citizens of
Georgia, their negro slave, Atticus, whom they
clandestinely conveyed into the State of Maine,
and thus illegally deprived the owners of their
property. On the 16th day of May following,
Philbrook and Kelleran were charged by James
Sagurs, on his oath, in the county of Chatham,
with having, “on or about the 4th of May last,
feloniously inveigled, stolen, taken and carried
away without the limits of the State of Georgia,”
the slave Atticus ; “that the said Daniel Phil
brook and Edward Kelleran, have been guilty as
deponent is informed, and believes of a felony
under the laws of this State,” and “that since
die commission of said felony, the said Philbrook
and Kelleran have fled from the Slate, and are, as
he believes, at this time, within the limits of the
State of Maine in the United States.” On the
same day, the magistrate, before whom this oath
was made, issued his warrant to arrest these
men. and the officer charged with the execution
thereof returned that they were not to he found
in the county of Chatham, A correspondence
then took place between His Excellency, William
Schley, at that time Governor of Georgia, and
His Excellency, Robert J. Dunlap, Governor of
Maine, in which the latter demanded of the for
mer that the said Philbrook and Kelleran should
he delivered up to Georgia as fugitives from jus
tice, being charged of feloniously inveigling,
stealing, taking and carrying away the slave, At
ticus; and with the demand a duly authenticated
copy of the affidavit, warrant, and the return
thereon was forwarded to the Executive of Maine.
On the 16th of August thereafter. Governor Dun
lap, in a forma! communication to the Executive
of Georgia, declined to comply with the demand
made on him.
Matters rested in this position until December,
1837, when the Legislature of Georgia prompted
by that high feeling of patriotism, which had
ever characterized the Slate when the rights of
her humblest citizen were infringed, adopted reso
lutions declaring the refusal of the Executive of
Maine, to surrender Philbrook and Kelleran, dan
gerous to the rights of the people of Georgia, and
directly and clearly in violation of the plain let
ter of the Constitution of the United States; that
the State of Georgia became a party to the fede
ral compact, no less for the hotter protection of
her own, than the common rights and interests of
all—that when these ends are defeated, she is
released from the obligations of that compact, and
it becomes her right and her duty to provide pro
tection for her people in her own way—that when
an indictment should he found against Philbrook.
and Kelleran, the Executive he requested to re
new the demand for their arrest, &c. Accord
ingly, on the 7th of February, 1838, an indict
ment was found by a grand jury of Chatham
county, charging Philbrook and Kelleran with
larceny in feloniously inveigling, stealing, taking
and carrying away the slave Atticus. On the
27th of April following, Governor Gilmer, then
in the Executive chair of Georgia, made a final
demand in pursuance of instructions from the
Legislature upon Governor Kent, the successor
of Governor Dunlap, accompanying the same
with an authenticated copy of the indictment
found, and the facts and circumstances on which
it was based. Governor Kent refused on the
25th June, 1838, to comply with this reiterated
demand, and declined to arrest these fugitives from
justice.
The resolutions of the Georgia Legislature
referred to, had been laid before the Legisla
ture of Maine, doubtless with the pacific and pa
triotic purpose of presenting to that State, anoth
er and last opportunity of retrieving her character
by retracing her steps; that opportunity was not
accepted, and the Legislature of Maine, aware of
all the circumstances, dec lined to legislate on the
subject, referring it exclusively to the action of
the Executive.
This then is substantially the state of the case
down to the period of the adoption of the resolu
tion you enclosed, and plainly staled, reads thus:
1 wo citizens ot Maine go to Georgia, feloniously
steal the property of two of the citizens of the
latter Stale, and with the stolen property in their
possession, fly from Justice, and take refuge with
in the limits of their own Slate. The Executive
of Georgia demands them from the State of
Maine, and the Executive of that State hacked by
the Legislature, reluses to deliver them up. To
remedy these grievances, the Legislature resolve
that the act of Congress of 1793, is inadequate to
effect the purpose for which it was enacted, that
it ought, to he amended so as to authorize tire de
mand to he made on the Circuit Judge having ju
risdiction in the Stale wherein such fugitive may
be found, and to require said Judge, upon de
mand, to issue his warrant to the United States
Marshal, requiring him to arrest and deliver up
the fugitive, named in the warrant, to the person
authorized to receive him; and I am requested, as
one of the Representatives in Congress of the
State of Georgia, to endeavour to procure such
an amendment of the Statute in question, as in
my judgment, will be best calculated to effect the
desired object. If the 2d Sec. of the 4th Art. of
the Constitution of the Lnited States was entire
ly stricken out of that Instrument—if the whole
frame and policy of our political structure could
be radically changed from a confederation of So
vereign Slates for specific purposes, to a great
consolidated Government, the splendour and du
rability of which depended upon the unlimited
submission of all its parts to one central power :
—and if with this radical change of our Institu -
tions, I and the political principles I have cher
ished from my youth upwards, could be thorough
ly, totally and miraculously changed also, then,
and not until then, might I be free to make it a
question of expediency, whether I would submit
a mailer involving the vital question of s.avery,
to the ultimate and absolute jurisdiction of Con
gress ; —to a body wheiein never until lately,
even the meagre majority of 6 could he found un
willing to disturb the rela'iun of master and slave,
; not because that majority favoured the domestic
j Institutions of the fcuuth, out because they le j
that their hands were tied up by the atron
chords of the Constitution. Sir, even if the Con
stitution warranted this legislation, could we hope
to succeed in appealing to such men as John
Quinry Adams Francis Granger, Levi Lincoln,
and William Slade? Judging of the future from
the past, could we rationally expect even for a
moment, that these men who are powerful and
influential leaders of their party in the House of
Representatives, would omit the opportunity, so
aptly presented by our submission of the rights
and interests of slave-holders to their decision, to
strike a deadly blow at our domestic Institutions,
which would result in legalizing theft, in protec
ting fugitive thieves, in liberating the slave, in
destroying this Union, and in desolating our
fair and happy country ! What fond hallucina
tion could have influenced the author of these
Resolutions to hope, or to ask, at the hands of
Abolitionists justice by the enrolment ot a law
to the penalties of which Philbrook and Kelleran
vvodld he submitted, when these individuals were
hut engaged in accomplishing the very object to
which the law makers themselves have been so
long and so entirely devoted ? Could we hope
that they would aid us in requiring u federal
judge to cause these practical emancipationists to
he delivered up when they themselves are hound
to the same cause as a part of lheir religion ?To
my mind, these questions contain their own an
swers, and the hare probability of defeat on such
a question, should, in my judgment, restrain us
from voluntarily submitting our l ights to the de
cision of those, who declare slavery to l»« u hein
ous sin in the sight of God and man.
But suppose we could carry a majority of Con
gress to the passage of such a law, what would
we have accomplished?—Nothing, more or less,
than the enactment of another Force Bill, where
with. we in our short-sightedness, might please
ourselves in the fatal hope of cocrc.ng the Sover
eign State of Maine through the instrumentality
of the Federal Government, to recognize our
rights of domestic slavery. This done—the sub
mission and depredation of Maine accomplished,
the same potent leveller is in reserve for our
selves, “when it shall please our country to need
our death,” and the same dagger we sharpen for
the Slate of Maine, is still clutched in the federal
grasp, ready to he used for our humiliation. It
is a well known fact, that Sagurs pursued these
fugitives and recap.ured his property within the
jurisdiction of Maine—if wc pass this law, the
Abolitionists of that Slate, as they have threat
ened, would indict Sagurs in then Court for kid
napping, a true Bill would he found, a demand
made on the “Circuit Judge, having jurisdiction
in the State,” and Georgia, the Sovereign and In
dependent State of Georgia—one of the old
Thirteen, whose blood flowed like water in the
Revolution, would be coerced into a vile and hu
miliating submission to the Federal Authorities,
and that too, by virtue of a law which she her
self had proposed to her confederates, and against
which, therefore, she could raise neither her arm,
nor her vo.ee. The I'resident might believe that
he was “ hound by higher obligations Ilian the
Constitution,” to “lake care that the law he exe
cuted, and the same scenes which were enacted
before Charleston in 1534, would be re-enacted
with variations, in the port of Savannah. Caught
in her own trap, the State of Georgia would he
powerless for offence or defence. Heloiore, our
strength nnd power have resulted from the evi
dent truth and consistency of our principles and
pos.tion; sweep these away from us, and you
strip us of all those moral fortifications which
alone cive life and energy to physical matter. —
We shall cease to he right, and although, for a
while we might make a show of resistance, it
would he hut the vain and infuriated efforts of
brute force unai led, unchastened, and uncon
trolled by the voice of reason, or the virtue of
principle. All that would be left to us to do,
would be to gather up the shattered parts of our
Constitution, which, scattered around us by out
own act, would he like the fragments of a broken
mirror, present to ns in multiplied reflections,
the revolting spectacle of sclf-humdiaticn produ
ced by our own unprincipled folly.
But, Sir, there are other considerations than
those of policy, which altogether pr» eludes me
from moving these unfortunate Resolutions. I
allude to the obligations I owe to the Constitu
tion of the United Slates, which I swore to sup
port when I took my seat in the House of Rep
resentatives. I will not refer your Excellency to
the 10th Art. of the amendments of that Instru
ment wherein it is declared “the powers not del
egated to the United States by the Constitution,
nor prohibited by it to the Slates, a*e reserved to
the States respectively, or to the people,” because
the power of the State of Georgia to act in this
matter so far from being “prohibited,” is express
ly reserved to, and enjoined on her by the 2d
Sec. of the 4th Art. of the Constitution. That
section is in these words:—“A person charged
in any State with treason, felony, or other crime,
who shall flee from justice, and to he found in
another State, shall, on demand of the Executhe
authority of the State from which he fled, he de
livered up, to he removed to the State, having ju
risdiction of the crime.
Here then is positive written proof, that the
right to demand a fugitive from justice, has not
been granted to the General Government, hut has
been reserved to “the State from which he fled ;”
which State is clearly recognized in the same sec
tion as “ having jurisdiction of the crime.” If,
then, the Constitution which spoke into existence
the Federal Government, clearly yields up and
reserves to the State this important right not only
to “ demand,” but to try the “ tugitives from jus
t.ce,” I ask by what process of reasoning do
you arrive at the contusion, that Congress has
the < 'onstitulional power “to describe the fur ms
which would give authenticity to the demand.”
The form is contended for when the substance
is denied ! Sir, the language of the preamble
to these Resolutions, “ the past legislation on this
has been predicated upon” a “ presumption ”
which although it might find “ its warrant in the
mutual fidelity which promptly responded to all
executive demands,” finds no warrant in the
Constitution, either by express grant or implica
tion. Any act of the General Government on
this subject, must be unconstitutional, because
there is “no grant of power” in that Instrument
to our federal agent, to interfere cither substan
tially, or in the preserpition of fo.ms. If any
thing is yet wanting to convince your Excellen
cy of the rectitude of my position, turn with me
to the Statute of 1793 ; there you will find that
Congress, while acting upon the “ presumption ”
of prescribing forms in a matter wholly foreign
to its jurisdiction attached no sanction, affixed no
penalty upon those who should refuse to abide
by the forms prescribed. Aware tha- : this legis
lation was founded on a “ presumption ” that
body set no punishment on those who should dis
regard it, hut left it to find “ its guarantee” in
the “pledged faith” of those whom it might con
cern. Besides the penalty, if declared, would
necessarily have been inflicted on a “ State ” to
effect which other and more violent, but necessa
rily consequent “ presumptions ” must have
been resorted to, in order to sustain the General
Government in her Quixotic attempt to casti
gate a Sovere gn State. To the State of Geor
gia then, and not to the United States, we must
look for the protection of her citizens in their
persons and properly. It is her “reserved” nay
her inalienable rights, and solemn duty, to protect
her own people, and when the compact of the
Constitution is violated and broken, it is then
high time she should take care that her citizens
receive no detriment. The mode and manner of
redress lies within the depths of her legislative
wisdom. Let Georgia now do what her Leffs- ■
lature in 1837. resolved she ought to do. if Maine
should neglect to redress the grievance complain
ed ot —lot a convention of the people lie called '
jby Executive Proclamation “to take into consid- ;
cration, the state of tho commonwealth of Geor-
gia, to devise the course of her future policy, and
to provide all necessary safeguaids for the pro
tection of tbe righis of her people.” To such a
Convention, I am willing to submit all the deep
interest, which I, in common with my feliow
cilizens. feel in this most important and vital
question.
With considerations of high esteem,
I have the honor, to be your Excellency's
Obedient Servant,
EDWARD J. BLACK.
From the N-w York Herald of the 2S th.
Three days later from Canton.
By the ship Albion Lovett, 112 days from
Canton, we have accounts to 3d of December
last.
Rumours. —From Canton it is reported that
the Port will be closed against all foreign trade
on tbe Gth inst. The American merchants have
petitioned that their trade be continued. Again,
: the transhipping trade to Toonkos is only to be
j stopped, and the hong merchants have petitioned
that they be continued.
We were misinformed last week when we sta
ted that 11. E. the governor of Macao had depri
ved some of the passage boats of their licences,
and forbidden any more English to land in Ma
cao ; we correct our mistatement from the high
est authority.
News. —Two thousand Fokeen soldiers have
arrived at Chaoulchoo, in order to relieve the
garrison there. These warriors have received
orders to march to Canton, very likely to defend
the provincial city. It is also rumored that near
ly the whole fleet of that province is to be con
-1 centrated in these waters to awe the Barbarian
ships from attempting any thing out of the way.
A studious silence has been maintained up to
this date, respecting the affair of the Bogue, but
there was a report immediately forwarded to the
Emperor, no doubt in order to give an account
of the glorious battle won by the invincibles of
the Bocca Tigris.
The visits of the military officers to Macao
have lately become very frequent. We do not
know the reason why they so very much court
to walk along the rough streets of this good town.
Their retinue is however very small, and their
stay docs not extend above a day.
Important Decision. —The constitution of
Mississippi declares that from and after the fust
day of May 1833, the introduction of slaves into
the State as an article of merchandise, or for sale,
shall be prohibited. A case involving this princi
ple was recently decided by the Chancellor, in
which an opinion is expressed contrary to the
general idea—which was that sales of negroes
brought into Mississippi since May 1833, were
null and void. The opinion of the Chancellor
goes to confirm such sales, provided the purchases
were made for the use of citizens residing in the
State. The following extract in the words of the
Chancellor will serve to give some view of the po
sition assumed as the basis of his opinion:
From the facts shown by the pleadings, it ap
pears that the purchase of the negroes was a sub
stantive independent transaction, totally distinct
from the act of introducing them, and must, there
fore, stand unaffected by any ofils consequences.
I know of no rule of construction by which the
language of the constitution can be tortured into a
prohibition of the sale of negroes. The words
i '(is merchandise or fur sale ,” certainly do not
sustain such construction ; they are merely de
scriptive of the intent and purpose which must
accom mny the act of introduction in order to
bring it within the meaning of the prohibition ot
the Constitution. This part of the sentence fol
lows and stands in immediate connection with
the words, ‘ the introduction of slaves into this
Slate.” and serves simply to qualify and restrict
the sense in which such introduction is prohibited.
It merely points out and defines what should
constitute the evil or offence which the constitu
tion intended to guard against and prohibit. The
framers of the constitution were but employing
the language which they deemed apt in the ex
pression of their meaning. Thus, we intend to
prohibit (he introduction of slaves into this State,
but we do not intend to extend il so far as to pro
hibit our citizens from bringing them into the
State for their own use; in order to render the in
troduction ihegal it must appear as a part of the
act that the intention existed, to use the s!a«fsso
introduced as an article of merchandise or for sale.
If the framers of the constitution intended any
thing beyond this construction, instead of the
language employed, we would expect to find
I them declaring that the “sale of negroes in this
I State, which were introduced as merchandise or
for sale, shall he prohibited from and after the Ist
day of May, 1833.”
A small steamer called the Argylc, left Liver
pool on the Ist ult. for New Orleans. The Liver
pool Albion says she is intended to ply as a mail
boat between New Orleans and Vera Cruz.
The new steamer President, which is to pBP
between Liverpool and New York, is rigged as
a three masted schooner. Her stern is orna
mented with heraldic designs, which present a
combination of the Arms of England and the
United States. Her figure head will be a bust of
Washington. It is calculated that she will carry
1000 tons of goods, besides her compliment of
coal, luggage, &c.
Marriage between Mother and Son.—
The following extraordinary story is related by
the Paris Messenger:—“About twenty years ago
a girl in one of the departments, although not
fifteen years of age, was delivered of a male child,
which she placed in the Foundling Hospital of
the place, after having first made an indelible
mark on its arm. She then came to Paris, and
entered into service. Having, after some years,
accumulated about 4.000 f, her thoughts were
turned towards her child, but, when she inquired
for him, he had left the hospital, and no tidings
could he obtained of him. A young soldier,attrac
ted probably, by her little fortune, recently paid
his addresses to her. and a few days ago they
were married. On retiring to the nuptial chamber,
she discovered on the arm of her husband the
mark which she had made upon the arm of her
child twenty years ago. The discovery led to an
immediate dt facto divorce, and a demand of
nullity of marriage between mother and son has
been presented to the tribunals.
The Baure (Mass.) Gazette— one of the
pleasantest papers we exchange with—contains
the following good natured hit:—
“ Ruck and White. —The law prohibiting
the intermarriage of whites with Indians and
blac-.s in this State, has been repealed. It is not
supposed however that half of the petitioners for
the repeal will take advantage of the freedom
which it gives.”
dTedT “
On the 24th instant, with an attack of Pneumo
nia, Mrs. D. Tompkins, late consort of Partin
lompkias, Esq., of Jefferson county.
COMMERCIAL.
Latent dates from Liverpool , March S
Latest dates from Havre..,,, Feb 25
Macon, March 31.
Cotton —During the past week the trade of the
city appeared to be a little more animated. Pri
ces, however, vary a little from our quotations
say 4a 7 The river has fa len considerably, but
still c mtinues in fine beatable order. With the
exception of the injury sustained by the Central
Rail Load, we have hoard of no fu.ther damage by
the'ate freshet. Freights, to Darien $1 50; to 8a- i
vannah $2.
Comignecs. per South Carolina;Rail Hours,
Hamburg, April 2, ISIO.
Stovall, Simmons & Co; T Dacvson; S KneelanJ
& Son; Clarke, McTeir & Co; Baird & Rowland; T
J Parrnelec; C Hall; Russell & Hutchinson; W St j
Nelson; B Piquet; S J Uark; JTorny; Hoke& A-
J & W Dothard; Collins & L; E 8 Hunter; W c
Way; J M Pledge; J F Benson; Jeffers St Boul
ware; G Parrott.
MARINE INTELLIGENCeT
Savannah, March 3i.
Cleared —Ships Amazon, Stanson, EP’erpool- Co
iia. Porter, New York; brigs Planet, Knowlton*
Portsmouth; Wilson Fuller, Thatcher, New Y 0 V
Arrived Brigs Catharine. Gardiner, Grenada’
Pavilion, Atwe 1, Baltimore; steamboats Lamar
Creswcll, Augusta; Georgia. Norris, do. ’
Sailed Brig Wilson Fuller, Thatcher, N Yorl-
Wenttosea— Ships Aewai k, Sou]lard,N e w York-'.
a.ouis Looke, Liverpool; Br bark Clarance do’
brigs Eleanor, Sanners, Baltimore ; CVlctlm,™
Jones, Havana; Planet, Knowlton, Portsmouth-b?’
dependence, Lvans, Boston; Utizcn Thin* ‘vl
Vorki sthr Kagle, Wylly, Havana. S ' ‘ Vw
Charleston, April 2
Arrived yes'erday— Ship Francohu, Jones Porte
mouth; lino ship Lucas Eldridge, Boston; barque*
Kr **
Wheeler, St Ja,-o de fuha ; John AH,”
Matanzas; Martha Elizabeth, Rush, Baltimore ’
Went to sea yesterday— Ships Ganges Jones
Liverpool; 'lremont, Gray, Liverpool Br barn-jV
Pompt, .Morton, do; brig Lancet, Kruse, Havana.
C L brig Dimon. Matthews, New York;sclir Ann’
Hall, do; U b Mail schr Thames, Axworthy Lev
West. * }
Editors—Seeing in your paper
of yesterday, that the lion. A. Cu.mming declines
a re- electian for Mayor of tbe city, at the approach
ing election, we. therefore, take the liberty of su e .
gesting the name of JOHN PHIMZV, Esq . M
person well calculated to fill the office,and be’ will
he supported by (mar 13) Many \ oteks.
Messrs. Editors; —Observing in your paper the
names of several gentlemen suggested as candi
dates for Mayor at the approaching election we
take the liberty of proposing tbe name of’ Dr
DANIEL HOOK, as one well qualified to filj that
office and who will be supported by
March 18 ts Many Voters.
Mr Editor—The following named gentlemen
are recommended as suitable persons for Aldermen
of Ward No 4. for tbe ensuing year;
JAMES HARPER. ROBERT PHILIP
mar 21 EDWARD THOMAS.
OT We are authorized to announce the follow
up gentlemen as candidate* for men bers of Coun
cil in Ward No. 2:
B. H. WARREN, JOHN BONES,
mar 31 JOHN G. DUNLAP.
Mr. Editor—Please announce the fol’owing
gentlemen as suitable persons to represent Waul
No. 2 in tiie next Council;
B. H. WARREN, A. READ,
mar 31 S’. M. THOMPSON.
Mr. Editor, please announce the following
named gentlemen as candidates for election as
members of the city council fro n ward no 1 at the
approrching election in April next.
GAREY PARISH. WM. E. JACKSON
mar IS PHILIP CRUMP.
:"T We are authorised to announce JXMES B.
BISHOP, T. :OM 4S’ RICHARDS, and Dr. F. M.
ROBERTSON, as candidates for Members of Coun
cil in Ward No. 3. mar 21
Mr. Editor —You will please announce Dr. F
M ROBERTSON, JAMES B. BISHOP and F.
11. COOKE, as candidates for members of Council,
at tbe approaching election, in Ward No. 3. m 23
Mr. Editors —The following named gentlemen
are recommended as suitable persons for members
of Council, for the Cppev Ward;-
JAMES HARPER , C. B. HITT.
They will be supported by Many Voters.
mar 20
Messrs. Editors ;—The following gentlemen |
will be supported for Members of Council in Ward
No. 1, at the approaching election:
G. F. PARISH, W. E. JACKSON,
mar 18
Mr. F.ditor ; —Sir, I see a notice in your paper
of the 12th instant, stating that our worthy Mayor
declines being a candidate for re-election to the of
fice lie has so wort ily filled, and as it is time the [
citizens should fix on a suitable person, to repre
sent them as Mayor for the next year Allow me
to recommend the name of MARTIN M. DYE , as <
a suitable person, and who will serve if elected.
Many Voters.
11. 11. OVERBY,
ATTORNEY AT LAW,
feb 25 Jefferson, Jackson county, Ga.
Doctor J. J. WILSON offers his proses- f
sional services tT) the citizens of Augusta and its I
vicinity. He will be found at bis residence, the I
first brick building above Guedron’s stable on Ellis f
street, recently occupied by John L. Adams,
aug 17 ts
rff PUBLIC NOTICE. —Dr. Munroc, Surged: >
Dent’ht, has returned to Augusta, and has removed |
his operating rooms to one door below Martin Fred- I
ciid’s Confectionary, and opposite the Brdge 1
Bank Building. feb 10
Q:rW. G. NIMMO, General < ommission Met
chant, office on Mclntosh street, next door to the |i
Constitutionalist. nov 7 j
OCT BENEVOLENT SOCIETY.— For the bene-11
fit of the sick poor of Augusta and its vicinity. ||
The visiting committees for the ensuing month, ||
are as follows ;
Division No. 1. —James Godby, J. W. Meredith, |
Mrs. Crump, Mrs N, Jones.
Division No. 2.—W. H. Crane, W. F. Pember- |i
ton, Mrs. Tal iafarro, Mrs. M. A. Holt.
Division No. 3. —C. E. Latimer, James Panton, i
Mrs. B. McKinnie, Mrs. Julia Snead.
J. W. WIGHTMAX, Secretary. H
Dr. W. FLINT offers his services to the ci- 8
tizens of Augusta in the different branches of hh a
profession. He may be found at all hours attl* m
late residence of Mr. A. M. Egerton, second d°oi
from the corner of Mclntosh and Beynold street
r.c v 29 ly |
J. W. JONES, is my authorised Agent for th*
adjustment of my unfinished business,
mar 3 W ILLIAM E, JOXE?- |
CUf NOTICE. —The Rail Road Passenger 'D a ' 1 |;s
between Charleston and Hamburg, will leave a* ■
follows:
UPWARD.
Not to leave Charleston before 7 00 a m- I
“ “ Summerville, “ - -8 30
“ Georges’, - “ - 10 00
“ “ Braachville, “ - 11 00
“ “ Midway, - “ - 11 30 M
‘ “ Blackville, - “ - 100 .Ml
“ “ Aiken, - - “ - 300
Arrive at Hamburg not before - 400
DOWNWARD.
Not to leave Hamburg before 600 a. Ji. I
“ “ Aiken, - “ - 730 „
“ “ Blackville, “ - . 930
“ “ Midway, “ - - 10 30
“ “ Branchvill “ - - 11 00
“ “ Georges’, “ - - 12 00 m.
* “ Summerville,“ - - 2 00p. m- |
Arrive at Charleston not before 300
Distance —130 miles. Fare Through —
Speed not over 20 miles an hour. To remain
minutes each, for breakfast and dinner, an
longer than 5 minutes for wo * and watci at
Station. white dug- H
r lo stop for passengers, when* and aiso a t f
hoisted, at either of the abovesta 4 j' mile T. 0., [
Sincalhs, Woodstock, Diabmc •• Johnsons,*
Rives’, Grahams, Willeston,
and Marsh’s T. O. ■ f t W oodstock 'm il
Passengers*® will bre rpaK , as t at vucul
dineat Black vine; aou-n, will oreaiua. R
and diue at s>urntn crv tle.
Conugnees per South Carolina;Rail Roars.