Newspaper Page Text
Executive Department.
Mn.LEDO*vn.ut, Dec. 24th, 1858.
Dear Sir, On my return from & visit
to the Office of the W. & A. Railroad I
find your letter in which you ask my !
opinion on two points growing out of
the Bank Acts of 1857 and 1858. You
state that you do not desire it for publi
cation but for your own satisfaction as
a director of the Bank of , with
privilege to show it to a few friends.
As you are aware it is no part of my
duty to construe the laws for the Banks.
It is only my duty to see that they are
executed. It is not for me to say what
is a violation of the Acts of I< S 57 —B, for
the passage of which lam not responsi
ble. T!>e statute has prescribed the oath j
to be taken by Bauk Officers. It is my
duty to examine the returns and see
whether the officers have taken the oath *
prescribed by the statutes. If they
have not, it is then my duty to enforce
the p. nalty prescribed for non-compll
auce with the law. When the oath is in
prop< r form I have no father concern
with the matter. If any one alledges
that the officers have not sworn truly,
then the courts are open for the deter
minat nos that question. Should proper
proceedings be instituted under the 12ih
section of the Act of 1857 it would then
become the duty of the court to construe
the statute and say whether the proof
showed it had been violated. Asa perv
sonai friend, however, and not as a pub
lic officer, I will give you my opinion on
the two points mentioned in your letter
which is not designed for publication
but which you are at liberty to show to
such friends as are interested, provided 1
you do it in such a manner that the
opinion shall not become the subject of
newspaper comment. Your first ques
tion is, Can a Bank purchase exchange
on New York, for in tance, at a greater
rate than seven per cent., as. for exam
ple, you say a sight bill on New York
is usually taken at from 1-4 to 3 8 off,
which is about what it would cost to
bring the amount of the bill from New
ork to this place.
To this 1 reply that in my opinion
the object of the act of 1857 was to pre
vent the Banks from taking usuritis in
terest under the pretext ot buying and
selling exchange and not to cripple them
in the transaction of ordinary legitimate
Banking business. It is said the form
of a Bill of Exchange and charge of pre
mium, &3., was often resorted to in
transactions intended as loans to avoid
under this pretext the penalties of taking
usury, and that they would not discount
gcod paper at seven per cent., while they
could get more by resorting to a pre
tended bill of Exchange. The statue
was doubtless intended to prohibit all
this kind of usuiious speculations. In
the case, you suppose the planter may
ha e due him in New \ork for cotton,
*I,OOO. he does not wish to use it there,
but does wish to use it in Savannah, it
will cost him l 4 per cent, to have his
mouey brought from New York to Sa
vannah by express. Your Bank may
wish to use funds in New Y’ork. You,
therefore, cash the planter's draft dis
counting the sum whichit would cost him
to get this money from New York.
This, in my opinion, is a legitimate
transaction, and is no violation of the
Acts of 1857. If howev’er, the Bank
discounts the drafts in the case supposed
at more than the usual exchange between
thj two points. 1 think’ it a violation of
the statute. By examination it will be
seen that the 10th section of the Act of
1857, authorizes the sale of exchange by
the Bank at a premium which must not
exceed one per cent, (except in case of
Foreign exchange) upon the amount.
The object, 1 presume, was to permit ;
the Banks to buy or sell exchange in a ;
legitimate course of business at such dis
count or premium as the exchange is ac !
tualhj worth, but not to allow them to
speculate in exchange at a greater dis
count or premium than its true market
value. Nor to allow them to take usury
on transactions intended as a loan by
the substitution of a bill of exchange
for a note, no matter whether the bill be
payable in or out of Georgia. And, in
order to make it the interest of
the Bank to do a regular dis
counting business, and in return for its
chartered privileges to accommodate
the citizens of Georgia with regular
loans upon good paper atse\en percent.
The seventh section of the act of 1857
prohibits any Bauk from sending any
portion ot its capital out of the State for
the purpote of buying notes of any
kind. This, I do not suppose was in
tended to prohibit our Banks from buy
ing drafts on produce in any other State
at the usual rates of the transaction, is a
legitimate one in a fair course of busi
ness and not intended as a note shavu g
speculation, much depends in each case
upon the good faith of the transaction,
and the question is, was it a fair busi
ness transaction, or was it a usurious
speculation. If the former, 1 shoul think
the statute was not violated. If the lat
ter, it was violated.
iu reply to your second question, 1
have to state that it is, in my opinion,
the duty ot every Batik in Georgia
make its returns as directed in the Act
ot 1857, by or before the first day of
January, 1858, and in case of failure or
refusal so to do, the two per cent, a
month begins to run under the Act of ;
I lth December, 1858. It does not mat
ter whether my call bears date before or
since the passage of the Acts of 11th
Dec., 1858.
Ihe Act of 1858 provides, however,!
that no execution shall issue before Ist i
July, 1859, and the Banks can prevent
the execution trom issuing by making
their returns prior to Ist July, 1859, re
lating back to Ist Janaary, 1859. Wheth
er this means that they should swear
that they have not violated the Act of
since the Ist January, 1859, or
that they have not violated it at all, and
that their returns made after Ist Janua
ry, 1859, shall show their condition or
the Ist day of January, is not ver\
clear. Il tbs statute is so construed to
mean that the Bank officers shall all
swear, iu making their returns after Ist
• anuary, 1859, to the condition of the
wank on the Ist January, 1859, and shall
J , r 8we * r that they have not violat
ed the statutes of 1857, (at any time. 1 )
it may not be dossiKi.. r * r
j possible for some of them
ever to make their retm-.,.
probable some of them haVralreadTv*
olated the statute of 1857. M v ohtct is
to act on a reasonable construction cf
the Act ot 1858, and such construction
as will enable every Bank officer i n
Georgia who is willing to obey the Acts
of 1857 rather than pay the penalties of
the Acts of 1858, to make the returns
required, 1 presume, it was not the in
teution of the legislature to require
impossibilities under penalties. I sup
pose, therefore, it was the intention to
require of Banks officers who had vio
lated the act of 1857, to pay heavier
penalties it they again violated it. I
should, therefore, act on the construction
of the statute which will allow to every
Bank an opportunity in future to obey
the law. and in case of refusal to do so
I shall use all the power vested in me
by the constitution and laws of the State i
to enforce obedience. I shall bold that
a return made in the following form is a
compliance vith the Statute.
j STATE OF GEORGIA County
Personally appeared belore me A B.
Preddent and C D. Cashier of the Bank
of— who being duly svrorn say,
that the bank ot which they are officers
has not by itself its Officers or agents
I in any particular violated the provisions
of the Act passed 22nd December 1857,
Entitled an Act to provide against the
forfeiture of the several Bank charters m
this state on acourit of non specie pay
ment for a given time and for other pur
poses therein named since the passage of
the Act, ussented to 11th December
1858, and that the above statement of
the said Bank at the last weekly meeting
of the directors prior to ihe late call of
the Governor of this State is true all
which deponents, depose and swear to be
true to the best of their knowledge and
belief
Sworn to and subscribed
before me this day of 185 J P
Probably I have gone more into de
tail than you desired me to do. a dispo
sition to gratify a friend is my appolegy
if any be necessary
I am Respectfully your ob’t servant
(Signed) JOSEPH E BROWN
• ’
From the Chronicle & Sentinel.
Mr. Toombs’ Speech.
Mr. Editor : I am not a citizen of
your State, hut happened to arrive
in your city yesterday, and learning
that your distinguished Senator, the
Hon. Robert Toombs was to address
you, I determined to hear him. He
• is to some extent my representative
as well as yours ; consequently I
i have a right to express my views of
him as a Senator. 1 must confess
that 1 was sadly disappointed in the
Senator —hut not in the man. Imag
ine my feelings when I look at him
in 184 U, battling for the Whigs in the
most latter denunciation of the Demo
crats, characterizing them as theives,
plunderers, and robbers. The next
time I hear him, he is extolling that
same corrupt organization, as the
only honest, Constitutional, and re
liable cue that js in the United
States ; and venting his spleen upon
the insignificant party —the Opposi
tion. I repeat I was indignant, aye
disgusted wilh polities; Ido not
know the day when I have seen the
i demagogue so pi iin. He would dic
tate to the people of your State, that
they must sacrifice his colleague,
and get an honest one like him, or if
they did not, he would quit hisposi
tiou ; —if he ever does quit it, it will
be when the people force him to do
so, or he gets some position that it
; is quite evident he is now working
for. Mr. Editor, Mr. Toombs, is
what I call a politician ; if the Op
j position, I care not what their creed
is, should gain the ascendency in
Georgia, I shall expect to find him
battling for them. He is decidedly
the egotistical—he is decidedly de
ficient in that dignitv, that should be
embodied in the position of a Sena
tor from the Empire State of the
South. He alluded to Mr. Calhoun,
would he could emulate him the man
and the Senator in him. Mr. Cal
houn discharged his duty, and was
modest enough to leave it to the in
telligenee of the people to decide for
themselves. He never stumped his
State to vindicate his acts while in
Congress; he was always willing to
| leave local matters to the people—
he never meddled in those matters —
in fact lie had noneofthc demagogue.
Mr. Toombs recently lias unneeessa
rily assailed on the stump in Geor
gia, the acts of the two distingnish
;ed Representatives, who possess
I more honesty of purpose in one ses-
I sion, than lie has had in all his p*v
! litical life ; how ungenerous too in
him to assail an old veteran in his
grave—shame to man and reprehen
sible in a Senator ! He, (M r. Toombs)
would dictate to the people of South
Carolina, in the choice of a Repre
sentative—this develops what he is.
Mr. Editor, should I perchance be in
your city in 18t>4, where will I find
Senator Toombs ? I came tothe con
elusion before lie got through that
lie had been controlling the Govern
ment and was going to continue to
do so. ‘ Wlmt a long tail our cat”
has. Stranger.
Gov. Rrown not the Author
of his own Inaugural.
We never bad any good opinion of
Gov. BroYvn, either intellectually- or
morally, lun really we never dream
ed that when lie stood before the
“assembled wisdom” of his State, on
the first Wednesday in November,
1857, and announced tlie policy that
was to govern him in the administra
tion of public affairs, he was merely
declaiming, in school-boy fashion,
what had been conceived and written
out for him by another, and by him
self committed to memory.
Yet, such appears to be “the truth
of history.” Our ingenious friend,
J. W. Duncan, of Atlanta, it seems,
hatched out the document, and to
“Joseph” belongs the lioin-r of having
learned the lesson and recited it in
public ! Perhaps we shall know af
ter a while, who wrote the Bank V et",
and thus strip the Daw of even his
shabbiest plumage.
With reference to the paternity of
the Inaugural, yvo find the following
very positive statement in the Atlan
ta “Confederacy.” We commend it
to those who are accustomed to re
gard Gov. Brown as any better, in any
respect, than forty-nine out of fifty of
bis Cherokee county neighbors.
The “Confederacy” say s :
‘•Thefirst information we received
that Col. J. W. Duncan was the author
of Brown's Inaugural was not from
him hut from several gentlemen in
this city who are cognizant of the
fact, and to satisfy ourself more
fully of the fact, we called upon
Col. Duncan repeatedly, before he
would answer.to know it it was really
the truth. Col. Duncan hesitated
for some time, but finally answered
in the affirmative.”
“Col. Duncan is in the city, and if
we have done him injustice, he shall
have the privilege to make the cor
rection through these colums.”
“We wish V. to distinctly under
stand that after hearing this report
from others, Col. Duncan confessed to
us that he teas the author of Joe
Brown's Inaugural. Is this plain
enough? Is the authority good,
V. ? ”
We are ready to make good what
we say.”
Akin is i clton. —The Atlanta Con
federacy thus writes of the Democratic
county of Fulton :
“We have every assurance that Akin
will carry Fulton county by a very large
majority. It will not fall short of 300.
Probably it may go to 500. The reac
tion in his favor is tremendous. And,
from constant information, this is the
cae ali over the State. All that is nec
esary for success is for every well-wisher
to do his duty.”
Special Correspondence of the Dispatch.
T 1 r. Jones in Wilkes.
Editors o f Dispatch :—I regret to
learn from the Editorial correspon
dence contained in your evening is
sueof the Ist inst., that Mr. .John
Jenks Jones, the Democratic eandi
date for Congress in the Eighth Dis
trict, found it necessary in his speech
at Washington, Wilkes county, to
lug my name into his harrangue be
fore the people.
Placed two years ago, at the head of
the Executive Committee of the
American party, and having done all j
that I could to advance the interests j
of Mr. Hill, in the contest that ensu
ed for Gubernatorial honors, I had
resolved that so soon as the occasion
should transpire tor laying down the
responsibilities of my position, I
would withdraw from all active con- ,
nection with polities, and lea\*e it for
younger men, and those who might
have a more direct practical interest
in the elections, to direct the course
of political affairs. To enable me
to carry out this determination more
effectually, I declined to attend the
Atlanta Convention, and thus far
have taken no more interest in the
elections than any other private
citizen.
I therefore regret that Mr. Jones
should have thought proper to ob
trude my name before the people of
the old and respectable county of
Wilkes.
Having thus unceremoniously,
placed me on the stand, he will not
complain if I embrace the opportu
nity to say a few words for myself.
1 venerate the county of Wilkes,
Messrs. Editors. It Yvas in that old
county that I first saw the light.
The dearest spot on earth to me, is
now the town of Washington, and
among the most cherished recollec
tions of my childhood, are the hon
ored names of the Abbots, the Tal
bots, the Terrells, Wingfields, Hays,
Jones, Leonards, Carters, Borems,
and Daracots, besides many others
of equal note in the “olden time.”
I claim, therefore, to be a Wilkes
county man, and being before them
without my consent. I take this
occasion, to assure them and Mr.
Jones most solemnly, that in all the
speeches I ever made, in all the ima
ginations of my mind, no one
thought ever occurred to me, that in
combatting for the “defeat of the
Democracy,” I should ever find Mr.
Jones thrust forward as the champi
on of any- portion of that party. —
More especially, did I not suppose,
that the people of the Eighth Con
gressional District would ever have
been called on to drop down, so ab
ruptly, from the support of Alexan
der Hamilton Stephens, to that of
Mr. John Jenks Jones.
People of the Eighth ! Men of
Wilkes ! *Lend yourselves to no
such purpose. Vote for Wright! I
know him—you know him. Bold
and talented —descended from the
last blood ofthe revolution, thorough
ly Southern in his sentiments, lie is
the man of all others to represent
you in the next Congress. Thetimes
are perilous—the nation is about to be
wrecked. Southern rights are again
to be sacrificed for national honors.
Elect none but those who have the
capacity to understand 3-0111- rights,
and the courage to maintain them.
Such a man you will find in the
person of Col. A. R. W right.
J. 11. R. Washington.
Macon, Sept. 2d, 1859.
Sick of It —Extensive Arrival of
Blacks from Canada, en route for the
South—Sixteen Fugitive Slaves on the
Back Track. Yesterday- morning
the packet Union arrived from Port
Stanley, Canada, w ith sixteen fugi
tive slaves, who had escaped from
the South at various periods within
the last two years, and yvlio had been
living at the negro settlement at
Chatham, Canada West. Becoming
weary of Canadian freedom, which
to many blacks embraces the exalted
liberty of going inadequately clothed,
and of being nearly starv-ed to death,
they YY’ere about to return to the
South, preferring plantation life to
the responsibilities attendant 011 a
state of existence for which circum
stances have rendered them peculiar
ly disqualified.
One family, consisting of a colored
man, his mother, wife, and three
children, who escaped from near
Paris, Kentucky, about one year ago,
after the experience afforded by a
hard Canadian Winter, began to sigh
for their “Old Kentucky Home,” and
a short time ag<> they- wrote to their
master, informing him of their de
sire to return, and requesting him to
meet them at Cleveland. When they
arrived on the packet their old mas
ter was there to meet them, and
they expressed their gratification at
the meeting in a manner which de
noted their sincere regard for him.
“Old Aunty,” a venerable negress,
whose black and shinning face stood
out in strange contrast with her hair,
white as the driven snow, took oc
casion to “spress her mind” in regard
to Canada. “Dey can all talk about
their freedom over dar, (pointing
with a cane-break finger across the
blue water in the direction marked
by the Union’s wake,) but I’d a heap
leveyer stay with deni doYvn in old
Ken tuck !”
The entire party took the 11-1 A.
M. train for Cincinnati, happy in the
thought* that 111 e\- were going home.
[(7m'. Bern.
Extensive Telegraphic Enterprise.
LISES TO CALIFORNIA AND SALT LARK.
Contracts were executed in this
city yesterday by the Western Un
ion Telegraph Company, the Mis
souri River Telegraph Company and
the Missouri, Kansas and Utah Tel
egraph Company have become the
controllers of all the telegraph lines
west of St. Louis, and arrangements
are now in progress and ample
means provided to extend the lines
of the two latter companies, under
the general superintendence of Chas.
M. Stebhins, Lsq., from St. Louis to
Fort Smith—soo miles on the route
of the Butterfield overland mail—
and from St. Louis to Atchison and
Utah. The latter is now in success
ful operation a distance of about 400
miles west of St. Louis, and the
line to California via Fort Smith, is
in good working order about 300
miles west of St. Louis. By the
latter line, which will soon open an
other section of about 200 miles, the
Associated Press will receive very
full reports of California news three
or four days in advance of the arri
val of the" Overland mail at St. Lou
is, and within the next few months it
may he reasonably anticipated that
the California and Utah lines will
become the most important sources
of exciting public intelligence.
[3 r . Y. Daily JYetes.
GEORGIA CITIZEN.
L. F. W. ANDREWS, Editor.
MfiODN, OA., SEPT. 16, 1859.
FOR GOVERNOR
COL. WARREN AKIN,
Os Cass.
FOR CONGRESS,
THOS. HARDEMAN, jr.,
Os Bibb.
For Senator ,
A. R. FREEMAN.
For Representatives,
JUDGE CLIFFORD ANDERSON,
WILLIAM HOLMES.
For Congress.
Ist District.
2d. “ Mured!us Uonglass, of Randolph.
3rd. “ Thomas Hardeman, Jr., of Bibb.
4th. “ Mm. F, Wright, ot Coweta.
sth. “
6th. “
7th. “ Hon. Joshua Hill, of Morgan.
Bth. “ J. U. Wright, of JeffersoD.
Hardeman’s Appointments.
GENEVA, Talbot county,
Friday, September 16.
GRIFFIN, Spalding county,
Monday, September 19.
LIBERTY HILL, Pike county,
Tuesday, September 20-
CULLODEN. Monroe county,
Thi Rsday', September 22.
KNOXVILLE, Crawford county,
Saturday, September 24.
Lid of Appointment*.
The following is a list of our appointments
for the District.
M. DOUGLASS,
M. J. CRAWFORD.
Isabella, Friday, “ 16th.
Albany, Saturday, “ 17th-
Newton, Monday, “ 19th.
Camilla, Tuesday, “ 20th.
Bainbridge, Thursday, “ 22d
| Colquit, Friday, “ 23d‘
Blakeley, Saturday, “ 24th-
Morgan, Monday, “ 26th-
Fort Guines, Wednesday, “ 28th.
Georgetown, Thursday, “ 29th.
Cuthbert, Saturday, “ 31st.
August 13th, 18S9.
Democratic Nomination.
The Democratic pariy of Bibb, have
nominated Judge A. P. Powers in the
place of Col. 0. A. Lochrane, who declined
running.
BaUoon Ascension.
The citizens of Macon and vicinity, were
treated to a Balloon ascension on Saturday
by Mr. Wells. lie rose to about half mile,
and remained some fifteen minutes, and de
scended on the Western suberb of the City.
Good Time Coming.
“NVe understand that the Hon. B. H. Hill
will address the citizens of Macon, either on
his way to Twiggs Superior Court, or on his
return therefrom. We trust our friends will
be on alert, and see that everything is done
that can be advantageous to the cause; and
in giving to Mr. Hill a proper reception.
Charge it Upon Them.
Charge it upon the Democratic leaders of
Georgia, that for the purpose of holding on
t.> the spoils of office, they have aflidliated
with the Freesoilers and Black Republicans
of the North ; and have betrayed the inter
ests and rights of the South to keep up the
affilliation. They gave up Kansas, and per
mitted Douglas and Seward to frame a Ter
ritorial policy, which should forever exclude
the South from an equal participation in the
Territories.
The Americans.
The Atlanta Intelligencer asks, “Will the
Americans support Brown !” “We answer
emphatically, NO! ! There is no part of
Gov. Brown's administration that they suf
ficiently approve, even to have a decent re
gard for him, much loss to support him. Be
sides, while they have such a man as War
ren Akin to vote for, it would bo too ridicu
lous to think of such a man as Joseph E.
Brown.
A Monster BuU.
Among the arrivals in the Alabama, yes
terday, was a monster specimen of the genus
bos, brobahly the largest ever seen iu Savan
nah—his weight being 2,733 pounds. He
is the property of Mr. W. C. Penn, of Put
nam county, and left for his Georgia home,
per Central Railroad, last night— Sav.
A lews, 7 th.
We saw his Bull-ship parading the streets
of this city on Saturday morning, led by a
negro boy. He seemed to take things quite
leisurely.—Ed. Cit.
An honest Confession.
The State Press of yesterday, after speak
ing of the prospects of Col. Speer’s election
to Congress in the Third District,says, “from
every county in the District outside of Bibb,
ire hare cheering news.” You admit then,
neighbor, that the news in Bibb is not
“cheering.” From Bibb you could send no
greeting. We suspect, neighbor, if you
were located in any other county in the
Third District, you would have to write the
same truth—that, outside of the county you
lived in, “we have cheering news” from every
other county in the Third District.
Our Ticket.
Wo place at the head of our columns the
names of three of our best citizens ns candi
dates of the Opposition party of Bibb county
for the Legislature. They are all capable
and can without doubt be entrusted with the
interests both of the county and city in the
Legislature of Georgia.
Mr. A. R. Freeman is one of our oldest and
| best citizens. He is a man of business capac
ity and experience—thefore well fitted for
the position of Senator.
Mr. Holmes has, you may say, been raised
from boyhood to manhood in the city of
Macon.
Judge Anderson is a young lawyer of
ability and legal attainment, and it elected,
will, no doubt, make his mark in the popu
-1 lar branch of the Legislature.
These gentlemen are well and favorably
known to the voters of Bibb county. Goto
work and elect your ticket, you can if you
will elect them all three. Let no man play
the lnggard nor sleep on his post.
First District Judge Love.
There is no opposition in this District for
Congress, and probably will be none. The
nominee of the Democratic party is Judge
Love, who in a recent speech at Thomas
ville, said that be had been a Whig, until
the Whigs attempted to force California into
the Union as a free State, then his love of
patriotism and truth led him straightway
into the Democratic ranks. That he would
follow truth no matter where it led him to.
The Democratic party had always been right.
After such a declaration we presume no man (
of common sense or decency would pretend i
to oppose him. But is it not possible in the
First District to find Judge Love’s equal? I
Gov. Brown’s Boast.
Some of the Democratic papers complain
of the übute, as they are pleased to call
what is said agaiDst Gov. Brown by the Op
position papers. But there never was a
Governor of Georgia that provoked so much
port and gave o much cause for general i
condemnation, as Gov. Brown. We hope
we never shall have such another. Os all
the ordinary men that the Democrats have
put in office-and they are not a few-Gov. B.
is the most ordinary. Why, the silly boast
he made, of beating the best man the Opposi
tion could bring out, 30,000 votes, could only
eminate from a vain, weak-minded man,
who had conceived vast ideas of his indirul
ual importance, rather than the strength of
his party. While in Marietta, recently,
some gentleman, to joke the Governor, asked
him if he would be satisfied with beating Col.
Akin less than 80,000 votes ? He replied, ‘I
do not wish to compromise for less— but. in
all probability I s/tall hare to put vp with
less.’ That is a humiliating conclusion
enough, in all conscience ; but it is not the
worst. Gov. Brown will be beaten by Col.
Akin at least 2,500 votes. We do not wish
to follow Gov. Brown’s example of boasting
—but we cannot refrain from telling our
friends, by way of cheering and encouraging
them to the continuance of their exertions—
that if they .will but persevere for the balance
of the campaign, as they have for the last
three weeks, success will unquestionably
crown their efforts. We are authorized in
our judgment, to say this, from accounts we
have from various parts of the State. There
is a spirit of determined opposition among
the people. They feel that something is
wrong among the Democratic leaders. They
will not trust them again till they are satis
fied. Besides, the old Whigs of 1848, have
waked up to find the miserable doctrine of
Squatter Sovereignty al>out to be thrust up
on them by the Douglas ’Democracy. They
denounced and defeated that doctrine in 1848,
and they will do it again in 1859. Besides, we
have tht> Democratic party on the defensive
—we therefore deprive them of their power
to manouvre—we have the advantage of
them, and if we charge them cheerily—vig
orously, they must and will go down before
j us.
That Inaugural Speech.
On of his incompetency, or from
some other cause, the fact of Gov. Brown
•
having procured some “ingenius friend’’ to
write his Inaugural speech, has acted like a
galvanic battery upon the immobility to
shame, which has so long characterized the
leaders of the Democratic party. Even “V,”
of the Atlanta Intelligencer, is affected to
such a degree by the exposure, as to be
moved to “assume a virtue,” which unfortu
nately his best friends will doubt if he pos
sesses—“ State pride.” He discourses quite
pathetically upon the subject—hear him :
“If Georgia had a Governor who could
not write his inaugurals, but who, knowing
his inoompetency, procured an “ingenious
friend,” in the language of the Republican,
to write for him, we think Georgia papers
have very little State pride, and very little
common sense, to be blowing the matter all
over the world. Such a course does not give
us “any good opinion of” such editors,
“either intellectually or morally.” V.”
We have had to put up with a great deal
of impertinence, and some indignities from
the leaders of the Democracy, because we
could not help ourselves. But when they
place in the Executive chair of Georgia,
a selfish, boasting ignoramus, who cannot
write his own Inaugural speech, or com
prehend the simplest “cyphering” of the
Banking institutions of liis State, and when
the Opposition presses indignantly hold him
up to the contempt of the people, they must
be told by such writers as “V,” that they
“have very little State pride,” it is a stretch
of impertinence scarcely to be comprehend
ed. They put a man in power, without any
regard to wlrnt he is, “intellectually or mor
ally,” and when he is exposed and ridiculed,
they have the remarkable self-complacency to
tell those who do it,that “they have very little
State pride and very little common sense.”
If these self-constituted judges of “State
pride and “common sense” had hnve exer
cised a little of either —a very little —they
never would have put such a man as Joseph
E. Brown in nomination for Governor.
A Noble Act.
In his recent speech at Forsyth, the Hon.
B. H. Hill related the following, as illustrat
ive of Col. Warren Akin’s well known be
nevolent character:
Some time last spring, or in the early part
of last summer, Col. Akin was traveling on
the Railroad to his home: and while the cars
stopped at one ot the stations, he observed
a boy some twelve or fourteen years old,
who had the misfortune to have a very large
wen or tumor of some kind, on the side of
his neck, which greatly disfigured him, and
might in time endanger his life. Co'. Akin
called the boy to him, and asked lnm why
he did not have it cut out ? The boy very
promptly but modestly replied, that his
father was too poor to pay the expensa of
having the tumor removed. Col. Akin con
tinued to converse with the boy till the train
started, and found him to be possessed of
considerable intelligence. On arriving at
home, the Colonel immediately wrote to Dr.
H. V. M. Miller, (who is not only very
adroit in the political dissection of Democ
racy, as their leaders know to their sorrow,
but is also very skillful in all parts of anato
mical surgery,) and offered him one hundred
j dollars to go down to the residence of the
boy’s father, ami remove the tumor from
the neck of the sufferer. This noble and be
nevolent act was done by Col. Akin long
before he was thought of as a candidate for
Governor
It is difficult to describe the effect which
the naration of such a generous act made
upon the minds of his hearers, told in the
; elegant manner of Mr. Hill Such noble
and truly benevolent acts not only make us
honor the doers of them, but they make U3
think better of oui selves and of our fellow
men.
Nomination in Sumter.
We learn by private source, that
the Opposition party of Sumter
county, met in Americus on Tuesday
last, and re-nominated the same tick
et that represented the county in the
last Legislature. That's O. Iv.
We also learn from the same
source, that Mr. Douglas’ friends are
quite sanguine of his election in the
Second District ; at least many are
willing to risk considerable on his
success. Mr. Douglas is quite a
young man, hut has shown himself to
he all that his friends hoped of him
—and if he is successful, which we
hope’ and trust lie may bo, Georgia
may well feel secure in trusting her
honor and interests in liis keeping. —
We take him to he a gentleman
more of the Humphrey Marshal
of speakers than any other in
the State.
Terrell County.
The Opposition {tarty of Terrell county
have nominated Samuel Williams for the
Senate, Judge Vancover for the House.
Judge Douglas and the Tele
graph.
The Telegraph in its comment ou Mr.
Douglas’ exposition of “popular” or Squat
ter Sovereignty in the Territories, says “we
take issue with it mainly on the extent to
which it pushes the Popular Sovereignty theo
ry.'’ Here is a plain confession of support
to Douglas’ “popular” or Squatter Sover
eignty in the Territories. The Telegraph is
in favor of the principle of Douglas: it is
only opposed to the “ extent to which Mr.
Douglas pushes” the doctrine. Why ? Sim
ply because the “extent ’ would be fatal to
the Sovereignty of the people of the Terri
tory. The Telegraph believes with Mr.
Douglas, that an organized Territory is a
political community, and as apolitical com
munity have a right to determine the ques
tion of Slavery for themselves in the Terri
tory. Now, if an organized Territory is a
political community, it must be an indepen
dent sovereignty community: and a.-* such,
ought not to be, and indeed is not, neither
can be, subject to any power, —only to its
own inherent rights of sovereignty—for sov
ereignty cannot be divided between the Fed
eral Government and the Territories. To
declare war is a sovereign power, delegated
by the States to Congress, for the special pur
pose of protection to the States against in
sult, and an invasion of the State or States
by a foreign and common enemy. Congress
cannot transfer that sovereign power to any
one of the States. Congress lias power to
regulate commerce with foreign nations;
that too is a sovereign power given to Con
gress by the States; and although Congress
exercises the power to make the laws govern
ing commerce, yet Congress by no means
confers any power on the Courts to hear and
determine cases. The Constitution confers
that power on the Courts under the Judicial
department of the Government.
If an organized Territory is a distiuct po
litical community ns the Telegraph and Mr.
Douglas contend, we should like to know
how or when, after the Territory is organ
ized, the people of the Territory assume po
litical rights. The people of a Territory
have no political rights; their rights are
only social—consequently there is not, and
cannot attach sovereignty to the people of a
territory. The territory is the common
property of all the States, and is to be con
troled by the Federal Government, for the
particular benefit of all the States ; and not
for the people who may choose to go there.
Each citizen of each State lias an indisputa
ble and constitutional right to carry their
property into the common territories of the
States of whatever kind, and it is the duty
of Congress to pass laws to protect property
of whatever kind carried into the territories
by the citizens of the different States,wheth
er it he this or that species of property.
Those who oppose the idea of Congress
passing laws to protect property in Slaves
in the Territories, very adroitly ask you if
you wish Congress to pass laws to establish
Slavery in the Territories. The power by
Congress to pass laws to protect property in
the territories by no means includes the
power to establish property. To protect
property by the Government does not esta
blish property. It is the duty of both Fed
eral and State government to pass laws to
protect the citizen inliis right to hold proper
ty. To protect and to establish property of
whatever kind in the common territories is
two distinct ideas.
Congress has a right to pass laws to pro
tect the citizen in his property, yet Congress
has no right to say what is property, there
fore Congress can pass no law establishing
property. The Legislature of Georgia
makes laws to protect her citizens in their
property. Does that establish property ?
No. Then no more does Congress esta
blish Slavery in the Territories when it
passes laws To protect property in Slaves in
the Territories.
Gov. Brown’s Bank Letter.
We publish to-day, this very remarkable
letter, Irom the Atlanta “American.” That
paper, with a refined taste for torturing the
wicked and corrupt leaders of the Democra
cy, held this letter for some weeks in terro
rum over their guilty heads; and dared
Gov. Brown to deny its contents. The At
lanta “Intelligencer,” Gov. Brown's special
organ, boldly denied, at first, that Gov.
Brown ever wrote such a letter. But to this,
little attention was paid—they dared Gov.
Brown to deny it. At last, Gov. Brown, af
ter traveling up and down, to and from At
lanta, in terrible haste, for some weeks,
comes out with the letter himself, in the At
lanta “Intelligencer!” This was a bold
stroke. It was the best lie could do. He
had been g liity of a piece of official misde
meanor, and he could own up in no other
way, to any advantage. The people will
consider, however, what his motive is, when
he so readily publishes now, what he was so
desirous of concealing a lew months ago.—
We regret, as a gentleman and a citizen of
Georgia, that any man ever should have
been elevated to the Executive chair of the
State, so utterly regardless of its dignity,
and who should so far forget his propriety
as a man.
This letter seems to have been written by
Gov. Brown to an officer of the Bank, which
found it impossible to comply with the re
quisitions of the law. The letter is iu re
ply to two important questions projtounded
by that officer. Had Gov. Brown confined
himself solely to answering those questions
to the best of his ability, he would have com
mitted no fault. If the Banks could not, or
would not comply with the law, he was not
to blame for it is well known the law was
passed over his head, and it may he inferred
he had no great respect for it. But he
went beyond what duty required or pru
dence dictated. He volunteered “as a per
sonal friend,” to counsel them. It was
unasked —it was not required—it was wholly
unnecessary ; and in view of the facts, there
is not an act of Gov. Brown’s whole life,
with which we are acquainted, that betrays
so marked an absense of common sense, as
this. We are positively astonished, that
any man, conversant with public life, should
have been so thoughtless ! While he did
not wish the “opinion,” which'he gave to
the Bank officer to be made public, or to ‘BE
COME THE SUBJECT OF NEWSPAPER COMMENT,’
he nevertheless gave permission for it to be
shown to ‘such friends as ark INTERESTED.’
Nothing couid have been more silly or
thoughtless. It is- very ea-v to see how this
letter under such circumstances, has been
made public. How it has become what Gov*
Brown did not wish it to be, “the subject of
newspaper commentand that without an
unjustifiable breach of confidence on the
part of any one. In fact it had become the
subject of newspaper remark about the time
it was written, and that by one of Governor
Brown's most influential supporters.
But Gov. Brown’s imprudence is a trifling
thing compared with the intent and
meaning of his advice, or “opinion,” as he
terms it. He is Governor of Georgia ; the
highest Executive officer in the State ;
sworn to see the constitution of the State
respectod, and the laws executed. Yet
in the face of his solemn obligations of of
fice, unmindful of his integrity as a man, he
deliberately, uncalled for, and unnecessarily
advises a fellow ettizen, and through him,
the Banking institutions of the State, how
they may evade the laws of the State. He,
Joseph JE. Brown, Governor of Georgia,
sworn to execute the laws, giving advice,
unasked, how they might bo evaded. This
law he swore to execute. Got. Brown shows
tO “THOSE FRIENDS INTERESTED,” how it
may be evaded—How he may be prevent
ed FROM EXECUTING THE LAW !
It is not only the most singularly silly and
inconsistent act ever recorded against a Gov
ernor of Georgia, but it has no parrel lei in
its moral turpitude. “What could have be
come of the man’s idea of moral responsi
bility—his sense of honor—of common hon
esty and common sense ? Such an act puts
a man without the pale of defense on the
part of his friends. We shall revert tc the
subject again.
Cxov. Brow u and tUe Ranks.
The friends of the Governor, and the pub
lic generally, have been much surprised, by
tho recent developments, showing a disposi
tion on the part of His Excellency, rather
to truckle towards the Banks and Bank men.
llis supjiosetl gallantry in tilting against the
Banks, and his apparent success in bringing
those aristocratic corporations, as he termed
them, down from their position of fancied
superiority, to a level with the “laboring
masses,” has constituted the principal staple
of his popularity with the people.
So great was the admiration excited by
his course, that he was hailed everywhere as
the champion of popular rights, and many,
who were politically opposed to him, were
induced on aoconnt of their approbation of
liis conduct towards the Banks, to ground
iheir arms for the while, and lend him their
support. But, in common with everybody,
we confess to very great surprise, at the re
cent exposure of his “private and confiden
tial” course toward the Banks, which would
seem to leave but little doubt, that while bis
Excellency lias indulged iu high sounding
denunciations of the Banks publiclt, ho
has been secretly engaged in assuring them
that lie was not so’mueli of an anti-bank man
after all.
It really seemed almost incredible, that
the intimations thrown out in some of the
newspapers, relative to the Governor’s Bank
correspondence, could be true ; but it ap- j
pears that His Excellency embarassed by
theso insinuations, and with the View of
breaking tlie force of the disclosures on the
public mind, lias come forward voluntarily,
and published in the Atlanta ‘lntelligencer,’
one of those letters, which ho says was writ,
ten to Soloman Cohen, Esq., a bMi'c Direc
ctor, in Savannah.
We have hastily glanced over this letter,
and must confess, that it looks rather suspi
cious. The whole tone of the Governor ap
pears to have been changed. It is well re
membered, that in his celebrated Message,
vetoing the Bauk act of 1857, he denounced
it most unsparingly as a Bank measure,pass
ed for their exclusive protection and benefit.
Now hear how he discourses of it in his
“private” letter to a Bank Director. He
says :
“In my opinion, the object of the
act of 1857, was to prevent the Banks
from taking usurious interests under the
pretext of buying and selling Exchange and
not to cripple them in the transaction of or
dinary legitimate Banking business.
This is rather a sudden sommersault of
his Excellency. He must be sincere in one
or the other of these opinions, and if the lat
ter, why did he send in his flaming veto
message, denouncing the law so fiercely* as a
Bank measure ?
Again, referring to this same act of 1857,
his Excellency*, is very careful to remind
Mr. Cohen, that he (the Governor j is “not
responsible for its passage.” Now, it appears
to us, if it was all right,—if the act was not
intended to restrict the Banks in their legit
imate business, it was quite superfluous on
the part of the Governor to refer back to the
question of responsibility: but in so doing,
it looks very like a disposition to apologise
so far as he was concerned for any supposed
harshness which the provisions of the act
might contain.
But the Governor says further —“The 7th
section of the act of 1857, prohibits any
Bank from sending any portion of its capital
out of this State, for the purpose of buying
notes of any kind.”
This language is explicit, and would seem
to admit of scarcely a doubt as to its mean
ing—the terms employed are so plain and
emphatic, and yet, strange to say, the Gov
ernor adds in the same breath—“ This, Ido
not suppose, was intended to prohibit
our Banks from buying Drafts on produce,
in any* other State (!) at the usual rates, if
the transaction is a legitimate one, in the fair
! course of bus'ness.”
This is {(ositively astounding ! The Leg
islature says iu the mest unequivocal terms,
to the Banks, “You shall not send any por
tion of your capital out of the State to be
used in buying notes of any kind. In bis
“confidential” letter to a Bank Director, the
Governor says in effect —“You nmv send it
out to be used in buying Drafts !” Why
the Governor in this same letter, says the
Legislature was induced to pass the Bill, be
cause it was charged on the Banks that “they
were in the habit of resorting to the form of
a bill of Exchange (draft) in transactions in
tended as loans, to evade under this pretext,
the penalties of taking usury!” And yet,
the Governor of Georgia, by a forced con
struction of the act, encourages the Banks to
do the very thing complained of, and there
by violate the law which was passed to pre
vent it. This he proposes in two ways—lst,
bv sending their money out of the State to be
used, and 2d, by resorting to the trick of
buying drafts (instead of notes) at any rates
that may he “usual.”
We say these things'are strange and mys
terious, and when taken in connexion with
the fact, that in the Banking circles, many
prominent individuals, who were at one
time, hitter in their denunciations of Gov.
Brown on account of his supposed hostility
to the Banks, have lately backed down, and
now yield him their cordial support, it is
rather conclusive to our mind, that there
has been a “private” understanding between
his Excellency and the Bank-men, and that
the hero of the Bank-war, lias at length
humbled himself before the money lenders in
order to secure their votes. In this design,
he can have but partial success. Every hon
orable man, will spurn with contempt the
overtures of the miserable demagogue who
could descend from his high position, and
bv such a course of double dealing and
treachery bring reproach upon the chief
Executive of the State.
We have thus hastily glanced at this sub
ject, which fer want of time, we cannot now
fully discuss. But the subject is a serious
one, involving grave questions of morality
on the part of the Governor of Georgia,
which it behooves every voter in the State
carefully to consider before casting his vote.
We may hereafter refer to this subject
again.
The Dcuioerats of Xew Jersey.
The two wings of the Democratic party of
New Jersey united upon a most aggressive
anti-slavery platform, for the approaching
State election. They adopted Douglas’
Squatter Sovereignty doctrine, as being the
strongest and most effective weapon with
which to wage war upon the South. Thse
are the allies of Gov. Brown, Senator
Toombs, and the Douglas Democracy of
Georgia, generally. The Americans of New
Jersey acted very differently—they repudia
ted Douglas, virtually, by refusing any af
fllliaiion whatever with the Black Republi
cans; and have nominated a State Ticket of
their own.
The Augusta Constitutional;? f
in a review of the speech delivered
by Mr. Akin, in that city last week
says;
He also denounced Gov. Brow,,
for refusing to accept the invitation
of B. IJ. Dill, to leave his partv
nomination “in abeyance,” and take
his position as an'independent candj.
date, with the constitution and t 1,,.
law as his platform upon national
questions; and declared that if Gov
Brown had accepted this invitation
he would have supported him. \\.
give this declaration of Col. Akin ;,
a better reply than any which w,
could make to all the charges which
lie has made upon Gov. Brown ;k, j
his administration. It is a complete
and unanswerable reply; and do,-
away with the necessity for am* de
fence of Gov. Brown upon tlm,
charges.— Shite Press.
It would appear from the aU\>
that Gov. Brown does not, and will
not take the constitution and tlu>
laws as liis platform. You are right
neighbor Col. Akin, Mr. B. H
Hill, and every constitutional a-.d
law-ahidingciti7.cn in Georgia,would
have supported Gov. Brown. Why?
Because the people know that in the
constitution and law there is princi
ple ; and whether a man was all he
shonld lie or not. if lie stood on the
law. all would lie well for the coun
try —its peace and quiet as well a>
the rights of the whole would at
least he secured.
Again, Col. Akin was anxious to
rid the people of the Kansas territo
rial policy, and the Cincinnati plat
form, with their “ uncertainties and
unmeaning generalities.” The idea of
Mr. B. H. Hill and Col. Akin was,
to get Gov. Brown on the decision of
the Supreme Court of the United
States in the Dred Scott case. The
Constitutionalist, and its candidate for
Governor, would not leave their Cin
cinnati platform and take their posi
tion with the Constitution and the
Dred Seott decision, as that platform
upon national questions.
The Constitutional Ist seems to lay
much stress upon the declaration of
Col. Akin, that lie w ould have voted
for Gov- Brown, if lie had come
out and stood on the Dred Scott dev
cision; and says it is a better reply
than any it could make to the
charges made by Col. Akin against
Gov. Brown’s administration. Now,
that is all humbug. The whole thing
was this—Col. Akin, to secure the
rights of the South, under the deei
sion of the Supreme Court of the
United States, w*as willing to trust
even Gov. Brown. If Gov. Brown
had accepted the invitation of the
Hon. B. H. Hill to stand with the
Constitution, and on the Dred Seott
decision, as a platform, would the
Constitutionalist have left Judge
Douglas and the Cincinnati plat
form for Gov. Brown, the Constitu*
tion, and the law ? It might very
readily- be inferred, from the refusal
of Gov. Brown, to accede to the pro
position of Mr. Hill, that he, (Gov
B.) nor his party cared any more
tor that decision than Mr. Douglas
does—at any* rate, it proves'the
Democratic professions of a desire
for a united South, to be all humbug
on their part.
Tlio Kansas Swindle.
The Opposition press and speakers haves”
clearly sLown the outrageous treachery of
Southern Democratic leaders in the affairs
of our territorial policy, that the latter are
completely silenced upon the subject. They
deserve the execration of all true Southern
men of every party. That the doctrine,- “f
Mr. Douglas are identical with Mr. Cas
Nicholson letter, only enlarged and more
strongly enforced, is now beyond a doubt.
Such doctrines have lostus Kansas,and under
Democratic rule, will prevent another Slave
State ever coming into the Unipn. The
Democratic leaders, true to their instincts of
free-soil affiliation, will certainly rally on
Douglas, for President, if they can carry
Georgia in the present election. They have
found the advocacy of the Kansas bill and
Stephen A. Douglas unpopular, and they
are now silent, measurably, and will he
wholly so before the close of the campaign.
Mr. Toomb's speech at Lexington has been
suppressed—instead ot that gentleman mak
ing Gartrell and others, who professed oppo
sition to Douglas, take back wliat they said,
has himself hacked down, or been “garroted
by some unseen hand. The {teople of Geor
gia, through the instrumentality of the old
Whigs, repudiated the doctrine of Squatter
Sovereignty in 1848, before its virtues were
tried. Now*, when they see the deplorable
effects of the operation of the principles of
the Kansas bill, will scarcely have a more
friendly feeling for them, though recom
mended by the Democratic press, with Mr.
Douglas, and Gov. Brown at their head
He call upon the old Whigs to rally once mor
upon their old priuciplts —principles which
time has proven frere the best ever sustained
by any party in the South. Let them resist,
first and last, and all the time, Dougin-
Democratic doctrine of Squatter Sovereign
ty, Territorial legislation, and alien suffrage,
if they would save the South from degrada
tion and the country from revolution. }
warn the people, that the success of the
Democratic party at this time, will deliver
the South bound hand and foot to Douglas.
—-
Daily Recorder-
A Daily Recorder will be issued wit
the openiDg of the Legislature in November.
been at no inconsiderable expen
in making all suitable arrangements to ena
ble us to give promptly the daily proe
ings, and the paper will leave by the fi
mail each day. We expect to have -
of our able and experienced Reporters o. -
last session. Their labor in the past wi>
give an idea of what may be expected
our Daily. With such advantages, toge
with the important subjects that must of ne
cessity be discussed aud disposed o. bj ‘
next Legislature, we hope to issue ap
that will be intrinsically worth double “ - 8
we shall charge. A Telegraph line that
then be in operation to this city w. a
enable us to give the news from every o.
section at the latest moment. Let ou
forts to accommodate tbe public mee. >'•
that support the enterprise may merit.
Price of the Daily for the Session $1 ®
advance. Post Masters or others, who m*
enclose to us $5, will be entitled to ap*P-
9 ratig - .
Will our brethren of the press t>
kind as to insert
Milledgeville, Sept. 12.