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EDITED AND POBCISHED WEEKLY, BY
WM. B . HARRISON.
CITY PRINTER.
From the Federal Union.
Intercsiiugr Correspondence.
Tbanquilla, Ga. >
August 18, 1849.$
To Ilis Excellency, Gkorgk W. Towns
ami Hon. Edward Y. Him..
’Gentlemen: —The position which you
now occupy before tho people cf Georgia
renders it important in our estimation that
they should distinctly understand your
views upon certain great questions iuwhich
the South is deeply interested.
Will you therefore do us the favor to
answer the following questions:
Ist. Has Congress the right under the
Constitution to legislate upon the subject of
slavery in the Territories ?
2d. Is or is not the Wilmot Proviso a
violation of tho Constitution 1
3d. Uo you approve of the Compromise
Bill offered in the Senate of the United
States, by Mr. Clayton, of Delaware ?
4th. In the event of the passage by Con
gress of the Wilmot Proviso, or of its in
terference with the subject of slavery in
the District of Columbia, what course
ought to be adopted by the South ?
Respectfully yours,
JOSEPH DAY,
JUNIUS A. WINGFIELD,
LEROY SINGLETON,
BAILY BELL,
JAS. W. SHROPSHIRE,
DANIEL SLADE,
JONATHAN PARISH,
THOS. S. HUMPHRIES.
Milledgeville, Aug. 25, 1849 t
Gentleman: I avail myself of the first
leisure moment, toacktiowledge tho receipt
of your communication of the 18th inst.
addressed jointly to my honorable compet
itor, Judge Hill, and myself. 1 bad sup
posed that my opinions upon most, if not
all the questions propounded in your letter,
were so generally understood, as to render
any further expose at this lime unnecessa
ry,— but as 1 have no concealment on the
subject brought tiumy notice by you, or
any other affecting the welfare of the State,
I feel it my duty, regardless of all person
al considerations, to respond to your inter
rogatories. I shall not attempt an argu
ment in support of the conclusions to \\ hicli
my mind has arrived in reference to all the
questions you propound, for reasons that
must be obvious to all—but shall content
myself by giving a direct answer in as
few words as possible.
“Ist. Has Congress the right under the
Constitution, to legislate on the subject of
slavery in the Territories 1”
I think not. The Territories of the U
nited States belong, of right, to all the
States, as equals. The property held by
the General Government in Territories, is
in the nature and character of a trust, —in
the exercise of which the Constitution im
poses upon Congress certain restrictions
and limitations, as well as prescribes cer
tain duties ; but in no instance can Con
gress exercise a power over the privale
property of individuals residing within a
Territory, that would change the nature cf
that property from its condition in the
State from whence it was removed. What
ever, therefore, is private property in a
State, remains so in a Territory. If this
is not true, Congress has absolute and un
limited power, within the Territories,over
every description of property ;—a doctrine
as absurd, as it is tyranical and unconsti
tutional.
In your next question you ask : “Is not
the Wilmot Proviso a violation of the
Constitution 1”
I am perfectly satisfied it is clearly un
constitutional ; and, if adopted by Con
gress, will be as open and undisguised an
infraction of that instrument, as it will be
wantonly insulting and degiading to the
Southern States.
Thirdly.—You ask if I approve of the
Compromise Bill offered in the Senate of
the United States, by Mr. Clayton, of Del
aware ?
I did at the time approve of the Bill,
and would have voted f r it, had I been in
Congress ; —not because it was all I could
have desired, but for the reason that its
provisions were sufficient to protect our
rights. I have seen no reason to change
that opinion. Whatever may be our right
to property in slaves, removed to the Ter
ritories of the United States, must depend
upon the guaranties of the Constitution; —
for as soon as Territory is acquired by the
General Government, whether by treaty
or conquest, the principles of the Consti
tution are extended over it, and tho conse
quent obligation is imposed upon Congress
by the Constitution, so to govern that Ter
ritory as to protect the equal rights of the
j
Several States, and the property of the in
habitants thereof respectively in such Ter
ritory.
From this it will be seen, if I am cor
rect. that our right to bold negro slaves in
the Territories of the United States re
solves itself into a question of law ; and,
therefore, as the “Compromise Bill of Mr.
Clayton” provided a cheap and summary
mode of settling that question, the slave
holder was directly interested in its pas
sage. It should never lie forgotten, that
woof the South, place our right to bold
slaves in the Territories, mainly, upon the
grounds, that the States are equals,—were
equals, before the adoption of the Consti
tution, and by that instrument the powers
of the Government, Executive, Legisla
tive and Judicial, were restricted and lim
ited, so as to preserve and perpetuate the
equality of rights between the States and
the citizens thereof respectively, which
existed before its formal ion. Property in
slaves was known to exist in several of the
States, at and before the formation of the
Constitution, and the consideration and
adjustment of that question, was one of the
most delicate that engaged the attention
of the Convention, whose deliberations re
sulted in the recognition of tire right to
hold slaves under the Constitution. That
the Territories of the United States, of
right belong, not to the non-slaveholding
Sta'es, or either of them separately, but
equally to all the States of tho Union,
whether slaveholding or not, cannot be de
n ed. Wherever the Constitution goes,
slavery may or can exist, and that the
slaveholder is protected in the enjoyment
of property in his slave as absolutely and
fully as he might or could have been in
the Slate from whence be removed, is the
legitimate conclusion drawn from the fore
going premises. Either this is so, or it is
idle for the Southern States to put up a
claim to an equal participation in ilio com
mon property of all. We are not equals,
if there is any distinction, under the Con
stitution, between the citizens of the differ
ent States, as to what shall or shall not, be
property in the common territory of all.
If I am correct in the view here stated,
where was the danger in submitting ibis
question to the Judiciary I Will it do to
say, we of the slave States, professing to
claim rights under the Constitution, will
not submit them to the decision of the Ju
diciary? Is there an honest, intelligent,
and candid man, who loves order, harmo
ny and good government, that will assert,
that he enjoys rights, or that he possesses
property which the Constitution and laws
of the country, are inadequate to protect
No right or property can exist not known
to the law, either constitutional, public,
common or statute, and therefore to refuse
to submit our right to hold slaves in the
Territories, to an impartial and pure Ju
diciary, is equivalent to an admission that
we have none. What has been the effect
of rejecting the bill of Mr. Clayton upon
the slave States, is too obvious to admit of
speculation ; and, though it is no part of
my business, nor is it my intention, to
speak of the motives that influenced a ma
jority of the House of Representatives, in
rejecting this bill, 1 have ever felt, that ii
was the heaviest blow ever aimed at the
institution of slavery. Our enemies have
been emboldened,—our friends paralyzed,
and hundreds and thousands through the
length and breadth of the land, brought to
and übt whether we can bo sincere in the
opinion so long and often repeated in eve
ry form, that we place our right to our
slave property upon the guaiauties of the
Constitution—there we placed it—and
there we risk the issue ; and yet refuse to
submit that question to the only tribunal
known to our Government for its final ad
justment.
One word more in this connection. If
the Supreme Court is not to be trusted,
how is this question to be sett'ed ? Can
Congress be trus ed ? Do we not know
the House of Representatives have been a
gainst us for years ? Have we not seen
one after another of our Northern and
Western friends desert u«, until we stand
almost alone ? Os all the Representatives
from the non-slaveholding States, how
many, will any candid man say, can be re
lied on to support and defend us in the
moment of our greatest need ? There
may be some, and doubtless are a few who
are conscientious, right minded and pat
riotic on this subject—but are they not
powerless ? They are proscribed and hun
ted down—their voice, their counsel, and
their aid, can never come up to our relief
on the floor of Congress. Every year,
every month, every day, we are growing
weaker and weaker—until now the con
test between the two great parties in the
free States, seems to be which can go far
thest or dare most against our rights.
In view of this state of things, what sin*
cere friend to the South can pretend to
say, he ever expects to see the rights of
ihe Slaveholding to an equal en
joyment of the recently acquired Mexican
territory, secured by an Act of Congress ?
—even admitting Congress possesses the
power to legislaie upon the subject. But
suppose Congress to pass an act es
tablishing slavery in California and New
Mexico, repealing the Mexican laws said
to be in force there abolishing slavery, 1
then put it to every candid mind, if a ques
tion touching slavery in said Territory
should arise, would not the Supreme Court
have jurisdiction ? Would not the con
stitutionality of such an act of Congress
make a question for the decision of that
Court ? Would not all the questions
arising under the alleged Mexican laws
abolishing slavery, be the legitimate sub
jects of adjustment before the Federal
Judiciary? If correct in this, I come
back to the main point—what has been
gained to the slave States by the defeat of
Mr. Clayton’s Compromise bill? It is a
solemn question—and each man for him
self should answer it—not as a Whig, or
as a Democrat, hut as a Southern man—
as a friend to good order and good neigh
borhood—a friend to the prosperity of the
whole country, and above all, as a friend
to the Union itself, I do deplore the defeat
of this bill. Had it have passed, no one
could conjecture bow many slaves and
slaveholders would at this day, have been
in California, participating in the rich re
wards of labor in that inviting field.
Hundreds have, doubtless been deter
red from going from the slave States, as
they have been taught to believe the mo
ment a slave is introduced into California
by virtue of a Mexican law, it would be
free.
Emigrants from foreign countiies, and
from every free State of the Union have
rushed in free'y—they have possessed
themselves of the whole country, with its
boundless wealth and inexhaustible mines
—but no action lias yet been taken by
Congress to seltle the question ; nothing
done or intended to be done, to secure
the equal lights of the South. Theslave
liolder is still deterred ; ho still lingers on
the Atlantic slope ; and, finally, we are
informed, by the public prints, that the
Hon. T. Bultler King, a member of Con
gress from this State, was a short time
since engaged in addressing the good peo
ple of California, urging them to form im
mediately, a Stale Government—settle
the question of slavery for themselves—
and giving them the strongest assurance
that the next Congress would admit them
into the Union as a State. This is the
farce played off by the majority in the
House of RepresentativesclaimingforCon
gress the power, over the question of sla
very in the Territories. This is the re.
suit of rejecting Mr.Clayton’s compromise
bill. The whole of Calif irnia is lost to us
though our blood and treasure were freely
given, and the gallant sons of the slave
States distinguished themselves upon every
battle field throughout the eventful struggle.
We are now told, while all this and much
more is true, it is deemed expedient, in order
to set rid of the slaviry question , to let ihe
present settlers in Caliornia, if, indeed,
they can be so called, form a State govern
ment, and be admitted into the Union
though it is well known that our slaves
will be excluded by any constitution that
may now be adopted. I will add, more
in sorrow than anger, that much of this has
resulted from the want of harmony, union
and conceit among the public men of the
South ; and if I have a wish stronger than
all others, it is the desire to see the whole
South present a united front upon every
question touching tho institution of slavery.
It is our only reliance—upon it depends,
in my opinion, the preservation of the
Union, our property, and our honor.
Lastly, you ask : “In the event of the
passage by Congress of the Wilmot Pro
viso, or with is interference with the sub.
ject of slavery in the District of C’olum.
bia, what course ought to be adopted by
the Sooth ?”
My answer is—first to look to ourselves
rather than our oppressors—to take coun
sel together without distinction of party,
and upon one altar offer up all recollec
tions of minor and past differences, and re*
solve that if neither remonstrance, reason
nor argument will arrest the brutal fanati
cism that is sweeping over the land, threa
tening a disruption of our social and politi
cal union ; that we as slaveholders, regard
ing the passage of the Wilmot Proviso as
the prelude to the abolition of slavery in
the District of Columbia, as well as evi
dence of a settled policy on the part ofthe
free States to continue to disregard the
constitutional provision for our protection
in reference to fugitive slaves, will hence,
forth look alone, to the justice of our cause
to the protection of that Providence, who
is able to direct our footsteps in the midst
of the greatest peril, to our own union of
all the means, physical and moral, to es
tablish for ourselves, our wives and chil
dren, freedom, equality, and liberty, or
perish in the attempt. Let the watch-word
be—the Constitution as it is—the Union
as it was—down with all odious and un
constitutional discrimination between the
citizens or the property of the citizens of
the different States by the Federal Govern
ment, or that every patriot son ofthe South,
having first exhausted all pacific and hon
orable means to redress his wrongs, will
rally to his post, and resolve to die or main
tain his rights. These are my honest feel
ings, and the result of my deliberate judg
ment as to the course the slave Stales
should pursue in the last resort ; but, I
hope a returning sense ofjustice will stay
the wicked career of our unnatural and
cruel tormentors —and that no such dread
ful alternative will be forced upon us; yet
as you have thought proper to ask me
“what course ough l to be adopted by the
slave States,” 1 feel incapable of conceal
ing my opinions, whatever may be the
consequences to me personally. 1 am
well awatetliat. 1 may subject myself to the
assaults of-ome malignant and designing
men, who, for party purposes, may ascribe
to me sentiments unfriendly to the perpe
tuity of the Union. Be this as it may, 1
cannot withhold, at a great crisis, like the
present, from the people of my native
State, my deliberate convictions as to the
best mode of preserving the Union as well
as our property. 1 know no man is more
devoted to ihe Union than I am ; it is no
new passion of mine ; it was my first, as I
fervently pray it may he my last love—let
my lamp go out under the folds of that
banner, on which is inscribed Justice, i
Equality, Union. Such an Union is
worthy a patriot’s h.ve, a patriot’s blood
bu' union with inequality, wi.h injustice,
with dishonor, with oppression inscribed
upon its folds,to the patriot’s heart would!
be less tolerable than death itself. Enter
taining these views you can appreciate ihe
cordiality with which l subscribe to the
sentiment embraced in one of the resolu
tions ofthe late Democratic Convention—
that in the event of the passage by Con
gress, ofthe Wilmot Proviso, of “interfer
ence with the subject of slavery in tho
District of Columbia,'’ 1 can have no “diffi
culty in choosing between ihe only alter
natives that will remain—of abject sub
mission to aggression and outrage on ihe
one hand, or determined resistance on the
other, at all hazards and to the last ex.
trernity.”
1 have the honor to be,
Your most obedient servant,
GEORGE W. TOWNS.
Messrs. Jus. Day, J. A. Wingfield, and
others.
Statistical Information. — It is esti.
mated that the oak tree lives in a state of
nature one thousand five hundred years.
Hour glasses were iii'ented at Alexan
dria one hundred and fifty years bes-re
Christ.
The sum of fifteen million dollars (*)»
expended each year in London f r intoxi
cating drinks.
Vaccination was first tiidd upon con
demned criminals, in the year 1721.
The interest of the national debt ofGreat
Britain is over twenty-four milli ,n pounds
sterling.
Looking glasses were first made at Ve
nice, in the year 1300
Iron was first discovered by the burning
of Mount Ida, one thousand four hundred
and five years before Christ.
Muslins were first manufactured in
England, during the year 1781.
The first jury ever empannelled was in
England, during the year 970.
Air is eight hundred and sixteen times
lighter than its bulk in water. —A queer,
but correct calculation.
Military uniforms were first adopted in
France, by King Louis X V.
Let'ers were invented by Memnon, the
Egyptian, one thousand eight hundred
and twenty-two years before Christ.
The plague in Europe, Asia, and Africa,
commencing in the year 588, lasted for
fifty years.
Linen was first discovered and made in
England, in the year 1253.
The average coinage of the mint of
Great Britain, for the last thirty years, is
eighteen million pounds sterling per an
num.
Microscopes were first invented and
used in Germany, in the year 1621.
The cost of cigars smoked every day in
New York city, is ten thousand dollars
The first private library was that of Aris
totle’s, collected five hundred and twenty
four years before Christ.
According to the statistics, one third of
the population <>f England are paupers.
. The first literary magazine in America,
was published by Franklin, in 1741.
Georgia—Her Resources, Policy and Duty.
From an editorial article, with the a
bovehead in the last Southern Whig, we
copy the following interesting statistical
facts in reference To Schools in this and
other States. The editors make some
useful remarks on the subject of common
Schools, and close vviih a just hint at ihe
necessity (considering our disturbed fra
ternal relations as States) of Georgia and
the whole South's being prepared, in their
manufacturing, agricultural, commercial
and educational policy, for any event
which may possibly happen.
“We cannot, perhaps, furnish anything
more interesting to our Southern readers,
than a few statistical statements, (for which
we are indebted, with some accompany
ing reflections, to the Southern Baptist
Review,) calculated to show the impor
tance attached lo the maintenance < f their
common schools, by the people of New
England. In Massachusetts,for example,
according to the last report of tlie Board of
Education, the number of public free
schools, supported by the government of
that State, is somewhat less than 4,000. —
Ihe average number-of scholars in these
schools, is about ISO,OOO or 45 to each
school. 'lhe whole number of children in
the State, between the ages of 4 and 16,
is 214,436. Ihe amount of money raised
by taxation last year, f>r the purpose of
these schools, including only I be board and
wages of teachers, and fuel, is about SSOO,-
000. 1 here are also supported at the
public charge th ee Normal schools,where
teachers are most thoroughly trained f r
'he r work The maintenance of these
costs about $6,500. The amount invested
in public school bouses, is said lo be not
less than $2,750 000. Os this sum, $2,-
200,000 have been raised and expended
in the cons ruction of these school houses
within the last ten years. The estimated
value of all the apparatus belonging to the
public schools is about $25,000. The
number of volumes in tlie sch ol libraries
is nearly one hundred thousand. Massa
chusetts has also four c lieges and 67 in
corporated Academies, besides Theologi
cal Seminaries. Boston has been author
ized to establish a pub ic library, and to
expend $5,000 a year in its support. By
another legislative act any two adjacent
towns, (precincts) not having moie than
two thousand inhabitants each, may estab
-li, h at the public charge, a high school, in
which the blanches of a more liberal edu
cation shall be taught A school for idi
ots has also been established at ati expense
0f52,500 a year. Finally, a Stale Re.
form School has gone into operation. It
is designed to be a school for the instruc
tion, reformation and employment of ju
venile offenders A large farm is attach,
ed, with buildings to accommodate 300
boys, at a cost of Slo9\ooo
One is almost forced to ask, in view of
these statistics,how large is Massachusetts?
This question can be answered by e m
paring it with some other Sta es. For ex
ample, Georgia would make six such
States, if mere superficial area be regar
ded. Massachusetts, territorially consider
ed, constitutes only about one four hundred
and foiiy eigtli part ofthe Un on to which
she belongs. In mineral resources, pro
ductiveness of soil, and facilities for inter
nal intercourse, she is far below in st of
the other States. She has no navigable
river ; no untold treasures of gold are
known or suspected to exist under her
rocky suiface. “Granite,” says the Hon.
Horace Mann, “is her best mineral, and
ice is the only pearl to bes <und in her wa
ters.” Whence, then, conies the relative
importance of Massachusetts ? Its unex.
ampled prosperity is certainly riot owing
to any one cause. Several causes the peo
ple of that State believe that the general
intelligence of its ci izetis is the chief.
They are iti the habit, of looking upon their
educated men, their intelligent and nidus
triou men and women, and the children
in ail these schools, as prophetic- of future
eminence to the State, as they believe
her p esent eminence is mainly the result
of her system of common school education.
Let us now turn to some statistical in
formation, showing the position of Geor
gia with reference to this important sub
ject. For the following we are indebted
to the Masonic Journal; and we can, with
all our heart, endorse and adopt what is
urged by its intelligent correspondent, as
the unfortunate position, and the duty of
our State ;
In IS4O there were 622 students atten
ding the several Colleges and Universi
ties ofthe State 7,878 attending the Aca
demies and Grammar Schools, and 15,561
attending the primary schools. Os these
these last, 1,333 were instructed at pub
lic charge. i lie aggregate number in at
tendance upon all tne schools in the State
was 25,061. Now there were in Georgia
at that time children between the
ages of 5 and 10 ; 27,136 between 10 2t „j
15 ; and 20,897 between 15 and 20, ma.
king an aggregate cf 81,932 who were a ,
the proper ages to receive instruction.
Thus it will be seen that only about 3g
per cent, of the entire number between
the ages of 5 and 20 attended school at all
At the same period there were in tb e
State 30,717 white persons, over 20 years
who could neither read nor write, showing
an excess of 6,656 over the whole n Uffi .
her of pupils in the State !
When we remember that only 1333
or about 6 per cent, of those atlendin®
school, received aid from the public, it
seems fair to conclude tlvat the remain,
ing 22.723 were »he children of parents
who were able to pay for their tuition and
and that the major part of the 57,332 who
were uninstructed remained in ignmance
from the lack of means adequate to edu
cate them It is believed tiiat the census
of 1850, while it will show a gratifying
increase in the agricultural, ma 11 ufacia,
riu and commercial interes-s of Georgia,
will not exhibit a corresponding progress
in education. That not much mote than
30 per cent, of the white population be
tween the ages of 5 and 20 will be found
attending school at all !
From the .Scientific American.
Facts and Observations on Cliolera and thi
Atmosphere.
BY H. F. STICKNF.Y.
With facts and observations communi
cated in my articles on Motion, with some
facts subsequently obtained, principally by
the exertions of others ; we think it can
be shewn that when Epidemic Cholera
prevails, there is greater weight in the at
mosphere, and less eleclrici y. That the
presence of carbonic acid gas expels the
Electricity—lienee tbe cause of the epi
demic.
As stated in my articles on Motion, a
number of years ago, in making experi
ments on Electricity. 1 had coated jars at
hand, and after having prepared some
carbonic acid gas, and made use of what
was then required, there being some left,
1 put it into a coated jar that belonged to
an electrical battery, that was at hand.—
Some time afie wards, the jar was requir
ed for electricity,and an attempt was made
to charge the jar, but in vain We now
thought of the gas —and had it filled with
water ; and after pouring it out and dry
ing the jar, there was no difficulty ill char,
ging it. This we took to be sufficient evi
dence that the carbonic acid gas repelled
the electricity. ,
We have seen recently an article indie
-Scien'ific Ameiican containing the follow
ing statement, by Professor S. C. Beek.of
Rutger’s College, in a communication to
the Newark (N. J.) Sentinel, expresses
the same opinion, as Prof. Olmstead.
He says that Dr. Prout of England,
conducted a series of correct experiments
on the atmosphere and discovered, that it
became heavier when the Cholera first
made its appearance in London, in 1832,
and he attributed the increased weight of
the atmosphere to some foreign body in it,
which was in some way connected with
the Cliolera.
We think the above experiments shew
that during epidemic cholera, there is pre
sent in the atmosphere, some extraneous
heavy fluid, that gives extraordinary car■
bonic acid gas. We have some other fads
that go to show that t'-e same unusually
heavy stale of the atmosphere has existed
during the pie alence of epidemic chole
ra, in this region of country- A French
Mathematical 1 nstruinent maker, now of
Cincinnati, came he.ie (Toledo, Ohio.) by
the way of Sandusky City, by tbe name of
Henry Meyer. He bad wi h him some
barometers of bis own make, for sale. In
conversation he told me, that at Sandusky
City he took the height of Lake Erie a
have the ocean. I asked how much he
made it, he said 350 feet. I told him that
he Lake was established at 574 by the
survey of the Erie Cauul. I suggested a
doubt of the accuracy of iiis instruments •
he averred their accuracy could not be
doubted, after the thousands of tests ofthe
rules by which they were made. I exam
ined bis instruments, measuied the length
of the tubes, and the scales, and found
them accurate; and I took one of them.
I now commenced making observations
hete, 13tli or 14th of July, 1549. Tbe
Epidemic Cholera had commenced here,
and was very violent at Sandusky City. —
The atmosphere continued extraordinarily
heavy until the 4th of August, when there
was some thunder and rain and a small
depression ofthe mercufy in the barome
ter, showing lighter atmosphere. Tho
7th there was a heavy thunder shower,and
the mercury sunk near half an inch. 1°
the normal state of the atmosphere ' va
should expect to see the mercury rise a*
gain when the clouds cleared off. B ut
this was not the case. The mercury that
evening, although nearly cloar, bad risen
