The Georgia citizen. (Macon, Ga.) 1850-1860, September 16, 1859, Image 2

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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.