About The Athenian. (Athens, Ga.) 1827-1832 | View Entire Issue (Jan. 4, 1831)
A L M AJfAC FOB THE YEAH OF OUB BOBS 1881. JANUARY, FEBRUARY, MARCH, APRII., MAY, JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, MOON’S PHASES. DECEMBER, •tt | fS *5 £ ■i CO H. 2 ;; it. M 7 <4 1 54 i> II. M. 2 3 4 5 6 7 *1 7 •1 4 56 ' a.sl Quart ?r, 5 5 30 A. 9 10 11 12 11 1 I 1. 7 < a (i New Moon 13 8 13 A. 16 17 18 19 20 21 6 56 f, -i !‘ir*t Quart r, 21 2 5 M. 23 24 25 26 27 2o 291 6 50 5 10 Full Moon, 27 9 9 A. 30 31 1 2 3 4 5; 6 41 16 l.afrt Qr. 4 2 49 K. C 7 8 9 to 11 I’ 6 3> 5 22 ■I’H’, 12 II 35 M. 13 14 13 16 17 18 1! 6 31 a 29 nrst (Jr. 19 9 35 M. so 21 22 23 21 25 26 6 2-1 a 36 Full, 26 It 26 M. 27 23 t 1 2 3 4 6 17 5 43 Last Qr. 6 II 47M. r. 7 8 9 10 11 1 C « 51 1 1 0 2.5 M. 13 14 15 16 17 18 19 6 2 5- First Qr. 20 4 53 A. 20 21 22 •23 24 25 26, 5 0 6 lull* 28 2 53 M. 27 28 29 30 31 t *1 5 47 6 13 l ast Qr. r, 6 39 M. 3 •t 5 6 7 8 9 5 41 G 2 N»w, 12 10 36 A. in 11 12 13 14 15 16] 5 3; 6 2 First Qr. 19 1 3 A. 17 18 19 20 21 22 23| 5 21 6 ;»; Full, 26 6 55 M. 21 25 26 27 23 29 30‘ » 21 1 6 4u 1 2 ; 4 5 6 "j 5 i: 6 47 List Qr. 4 10 11 A. 8 9 10 11 12 13 1 l| 5 81 6 • I’tV, 11 6 37 A. 15 16 17 IS 19 2ti 1 5 6 57 I'irst Qr, 18 It) 48 M. 22 21 24 25 26 27 28 4 51 7 1 Full, 26 19 36 A. 2'J 30 31 1 2 3 ; -i 50 7 Last Qr. 3 9 56 M. 5 6 7 9 9 to 1 4 fH 7 6 10 1 27 M. 12 13 14 15 it; 17 IH 4 52 7 * IVsi Qr. 16 in 35 A. l’J 20 21 22 21 21 2 1 4 52 7 b Full, 25 1 36 A. 26 27 28 29 30 1 I 4 51 7 6 l.a-t Qr. 2 6 16 A. 3 4 5 6 7 8 9 4 56 7 Ww, 9 8 23 M. in 11 12 13 It 15 1C 4 .59 7 I Firs' Qr. 16 0 39 A. 17 18 19 20 21 22 23 5 2 6 57 Full, 21 3 41 A. 24, 25 26 27 28 29 30 1 a 8 6 52 31 List Qr. 1 0 17 M. 1 2 3 4 5 13 6 47 New, 7 4 39 A. 7 8 9 10 11 12 13 a 19 6 41 ’irst Qr. 15 5 (l M. 14 15 16 17 18 19 2< 5 26 6 31 Full, 23 4 41 M. 21 22 2.1 21 25 26 27 5 32 6 28 ust Qr. 30 5 24 M. 23 29 30 31 R. 1 2 3 5 39 6 21 Vrw, 6 .1 9 M. 4 5 G 7 8 9 10 16 6 14 Vst Qr. 13 1 18 A. It 12 13 It 15 16 17 5 54 6 6 ’nil. 21 4 31 A. 18 to 20 21 22 23 21 6 l| 5 59 .ast Qr. 28 It 4 M. 25 26 27 23 29 30 1 6 8 5 52 New, 5 4 20 4. 2 .1 4 5 6 7 s 6 16 a 14 ’ir.l Qr. 13 6 35 A. 9 It) II 12 13 It 15 6 23 5 37 ■’nil, 21 .1 20 M. 16 17 18 19 20 21 22 6 30 5 in .ast Qr. 27 6 33 A. 23 24 25 26 27 28 29 6 37 5 23 39 .11 , 1 2 3 4 5 6 13 5 7 Vew, 4 8 14 M. 6 7 8 9 in 11 12 6 19 1 First flr. 12 1 21 A. 11 14 If, 16 17 18 19 6 55 5 5 1 •ull, ■ 19 1 1.1 A. 20 21 22 23 24 25 26 6 59 5 II .ast Qr. 26 5 4 M, 27 28 29 30 1 2 3 7 3 4 7 \W 4 2 24 M. 4 5 6 7 8 9 10 7 6 4 ii irsi Qr. 12 5 59 M. 11 12 13 14 15 16 1 • 7 7 4 3 Full, IS 1 46 A. IS 19 2(1 2l 22 2.1 24 7 8 4 52 1 ast Qr. 25 6 46 A. 25 26 27 23 29 30 31 7 7 4 531 The following list of At tn passed nt the late session of the Legislature, embraces nearly all Ihosn of public interest, numbered in the order in which they passed. The remainder, as well as those of a local nature, nil) be giren next week. 1. To extend tho time for fortunate draw- ers in lltc Land l.o'lerien of 1813, 1819. nod 1821, to tnko out their grants, uid to reduce the feet nn grants. (The lime for l iking nut grants under flic lotteries of ISIS, 1810, anti 1821, is extended to llieSOlli day of Novo tbor, 18.11, anil the fees reduced to six Hollars.] 2. To extend the (into for fortunate drawers in the Land Lottery of 1827. to takeout their grants, and reduce the fees on grunts. I rime extended to 85tli December, 18.17, and the pricn of grants reduced to eight dollars ] 3. To amend nnd explain the 3d section of an act, entitled tin net to extend the time, lor fortunnte drawers in the l.itttd Lotteries of ISIS, 1819, and 1821, to take out their grants, and reduce the fees on grants, passed nil tho 27th day of October, 1830. 9. To prevent the farther issuing of rhnngo lulls, and to compel tho issuers of such hills to redeem them, and In relieve persons who Ituve issued them, from the penalties incurred under the former statutes of this State. 11. To niter and nmend tho 35th section, under the 6th division of the Penal Code of Hits State, passed December 20. 1817, so far ns to niter and amend the definition of larceny from the House. (This act makes larceny from the house consist, in tho entering or breaking any house with an intent to steal, or alter entering nr breaking said house, stealing aav thing of value therefrom.] 14. To prevent personnl property which is the subject of an action of trespass or trover, from resting in the defendant or defendants to to such aeliott, by virtue of a recovery nnd judgment by tho plttintifT. except so far as to be sitlijiet to bo sold under the execution which shall or may issue upon such judgment of the said plaintiff 1 , obtained by him in tho "■aid action of trespass or trover, and to make such property first liable to the payment of the damages tecovered in said action. 15. To authorize the Governor In take possession of the gold, silver, and other mines, lying and being in the section ol the chartered limits of Georgia, commonly railed the Che rokee country, and these upon nil other unap propriated lands of tho Slate, and for the putt* ishing any person or persons who m.iy here- offer be found trespassing upon said mines. (This act mpiiie* the Governor to take pos.ca.ion of til the mines which htve been, or may reifter be, diae vrred it. the Cherokee country, w'clitu th« char* tered limit* of Georgia, and authorise* him to emplo. Such military force a* may bo competent to lake ihrm Into pnaaenton, and to protect and defend them from further t raapaa*. The M section appropriate* 610.000 to enable him to carry thie act Into egret. The 3rd eeetion makes the digging, nr carrying away I]** grid, rilver, or other m'tel. a penal offence, •object in be punished by four yean impiiaoiimsnt in the penitentiary. The 4th Melina prescribes, that toy person employ- in* any white man, Indian, negm or mulatto, to ifitf £ >M, shall be punished by lour yearn imprisonment in epeaittntmvy. • hi* 5th section prescribes, that *he act shall not he «o construed, ns to confine any negro slave in tho prni tentisn. The 6lh section confiscates, for the use of the Stale, all negroes and other property used in trespassing on the mines. The 7th section authorises the Governor to appoint one or more ngents, to uttend to the State's interest in the Cherokee country. The ®!h section provides, that tho act shall not go into operation ’till the 1st January, 1831. Ami tho 9th section regulates the payment of costa of prosecutions under this act.) 16. To change the election of tax collec- tor** in the Ncvontl counties of this .State, ho far ns to provide for said officers to be elected nnd qualified to collect the taxes due for the year preceding their appointment. (fhisact provides, that tax collectors shall no\ bo elw'tod until the first Monday in January, 1832, and each succeeding lannarv thoronltcr.) 56. To incorporate the Presbyterian nnd Methodist Georgia Education Society. 61. To nmend an act regulating patrols, passed November 18, 1765. so us to vest the appointment of patrols in the Justices of the Pence. 66. To incorporate the Farmers Bank of the ('hattalioncbte. 69. To authorize tho survoy nnd disposition of lands within the limits of Georgia, in the occupancy of the Cherokee Tribe of Indians, and all other unlocnted lands within the limits of said Stnte, claimed ns Creek land, nnd to authorize the Governor to call out a military force to protect surveyors in the diseharge of their duties, iml to provide lor the punishment of persons who muv prevent, or attempt to prevent, uny surveyor from performing his du ties, ns pointed hv this net, or who shall wil fully cut down and deface any marked trees, or remove any land mark which may ho made in pursuance of this act, and to protect the In dians in the peaceable possession of their tm- provemtMits, nnd of the lots on which the same may bo situate, [Section 1. All the Territory now in the occupancy of the Cheinkees, to he divided into four section*. Section 2. The sections to be divided into districts of nine miles square, and the districts into square tract* of 160 acres. Section 3. Ail fractional parts of surveys of 100 acres or upwards, t*» ho deemed prize*. and all frac tion* tinder 100 acre*, to be reserved for public use. Section 4- Tho district Surveyors, % i t number, to ho elected hy the counties: the counties of Greene, Jasper, Jones, Monroe, Morgan, Newton, Oglethorpe, Put ntin, Wait on, Wsrrrn, Washington, Wilke*, Prank* lin, Gwinnett, tlaber*h*m, Jackson, llenrv, HeKalb, 11*11, and Elbert, 20 in number, to elect ear It 2 survey, ors, and the other 56 counties, to elect I; all to ho elected on the Is! Monday of February, 1831. In ease of failure to elect, on the nut of any of tho counties, the Governor is nuthniz'd to a point; any varanev by death, resignation, or otherwise, the same to bo tilf. eft by tho counties in the manner herein pointed out. No member of the present legislature eligible to the office of Surveyor. Section 5. ‘Ilie sectional surveyor* 12 in nu'uber, to be elected by the Legislature. Section 6. The Surveyors to give bond in the Mm of $10,000. Section 7- The duties of the Surveyor* defined: the manner in which the survey is to be done, and field books are to be kept, &r. Sections 8 and 9. T heae sections establish the com pensation of the Surveyors. Any vacancy „ . having conitncnccif the performance of hia duties, to he filled by the governor, from the county from which the failure or vacancy •ook place. Section 11. Oath to ho taken hy the Surveyors, axe men, &c. Section 12. The land to l>c classed, 1st qualify river land, 2d quality river land, 1st quality oak uud hickory upland, 2d quality ditto, 3d quality ditto, 1st quality pine land, and pin** land. Section 13. Qualification and description of person.- entitled to give in their names for a draw or draws. Ever)' male vlute person of 18 years and upwards, bring a citizen of the United States, and an inhabitant of this State 4 years immediately preceding the time of the notification by the Governor to the persons author ized to take in draws. Every deaf and dumb, or blind person, of like resi dence, who lias not drawn a lot of land hi a former lot- ten. Every male person of like description, having a wife or legitimate male child, or children, under 18 years of age, &c. to bo entitled to 2 draws. No person to be entitled who lias a family residing out ofthe state, &c. except officers of the army or na- vy, kc. All widows with like residence to he entitled to one draw, and wife and chi dren in this state, of persons 1 who have been absent from the State three years, to [ he on the mine footing as ifthe husband 1 * were dead. All families of orphans, resident as aforesaid, under 18 years of age, to he entitled tonne draw. All families of orphans consisting of more than two, to he entitled to two draws. Willows of like residence, %vlio«e husbands were kill ed or died in the service of their country, in the late war with Great Britain or the Indians, to be entitled to one draw, exclusive of the dtaw allowed to the wid ows hy this act. Orphans of fathers who have been killed or died, as aforesaid, placed on the same footing us widows. All unmarried females, above 18 years of age, whose fathers have been killed or died as afore said, to have each one draw. All persons who served in the Indian ware from 1794 to 1797, ns soldiers of this Slate, and who ure residents of the State, the widow or orphans of stieli person, to be entitled to one draw, in Addition to the draw which thev may he entitled under this net, except such persons be not entitled as a revolutionary soldier, and the widow or orphan of such revolutionary soldier; and except such person did not take protection under the British or Tories. Persons who have drawn in former land lottcriep, n- t to be entitled, except persons who hwe drawn as orphan.* 1 , Ini' who have arrived at the age of 18 years, w ho are to bn entitled to one draw*; and except revolu tionary soldiers, who have not drawn as revolutionary soldiers, who are to be entitled to twodraws, and their ividowsto one draw. Persons drafted but refused to serve, or have desert ed tiie service of their country, arc excluded from the fits of this act, likeu ise persons who have removed from the limits of this State to avoid the laws, or ab- iconded for debt. 'Persons who have served in the lnte war against Great Britain or the Indians, in the militia of this State, to be entitled to one extra draw, provided they have not drawn land for such service in former land lotteries. Section 14. Persons concerned in a horde of thieves known as the Pony Club, arc excluded from the pro visions of this act. Section 15. Persons who have been interested in figging gold, silver or other metal, since the first of June last, in the lands to he surveyed, are also excluded. Section 16. Persons residents on any part of the land to be surveyed, are also excluded. Section 17. The right of navigating the streams in the territory to be surveyed, is reserved to the Stato. Section 18. Convicts in the penitentiary, to be ex cluded, but their children are to be entitled, provided such convicts have not drawn land in former land lot- teiics. Section 19. This section defines the manner of ap pointing persons for receiving the names of persons en titled to draws; the time to take the names ; the man ner ofrecnrdingthcsonames, and transmitting them to the Executive. This section specifies the oath to be taken by persons giving in for draw or draws. Section 20. This section relates to persons failing by absence or other unavoidable causes, to give in thei names, who may take an oath before a magistrate of the draw or draws to which they may bo entitled, and make return thereof to the Governor; provided such person swears also that they intend to return and rc main citizens of the State. Section 21. Five persons to bo elected by the legis lature, to superintend the lottery. Section 22. This section prescribes the manner of drawing the prizes, kc. Section 23. Fortunate drawers in this lottery to re ceive grants, on paying IS dollars for each grant. If the grants are n.-t taken within 5 years, the land to be forfeited to the State. Sections 24, 25, 26, 27, 29, and 29. These sections r«*late to fraudulent draw s. Section 30. The Governor is required to cause the surveyors to proceed in the survey, and after the sur veys are made, he is required also to notify the lottery Commissioners to meet at Millcdgcville, to proceed to the drawing of the lottery. Section 31* The Indians and their descendants, who have made improvements upon tho territory, to be pro tected in the possession of such improvements, and of the lots of land upon which the said improvements are made, until otherwise directed by the General Assem bly, or until voluntarily abandoned by the Indian occu pants. Indians not ullnwed to sell their right of occu pancy to anv person unless it be to tho government ot the United States, or the government of this state, for the use of the persons drawing such improved lota the lottery; nnd no grant to bo issued until the Indians shall have abandoned the lots in their occupancy ; the fortunate drawers of such improved lots, to forfeit their draws, if they by threats or menaces, nr violence, re move or attempt to remove any Indian from such im proved lot. Section 32 Tltis sectiou fixes a penalty for cutting down or defacing any marked trees, or removing any land mark, made by the surveyors. Section 33. Person or persons preventing the sur veyors from performing their duties, to be sentenced to the penitentiary for five years. Section 34. Case ot vacancy of a lottery Cominis- sioner, to he filled by the Governor. Section 35. Tho sectional Surveyors to proceed with *s little delsv ss possible to the performance of the duties assigned them ; after the completion of the survey into sections, the Governor is authorized to have two justicea of the peace, and two constables elected f<»r each section; the justices and constables to be white men, resident in the territory. In the event Ills! tho President ot the United States should succeed in cxocuting the compact of 1902, as relates to the and equity of this Slate to award judgment against garnishees in certain eases, and to point out the mode whereby such garnishees may he relieved from the operation of said judgments. 86. To appoint eleven additional trustees of the University of Georgia, and to provide a permanent additional fund for tho support of the same, and lo declare the number of trus tees which shall be necessary to form a hoard, and to authorize a loan of ten thousand dollars to the hoard of Trustees of said University, nnd to provide for the education of certain poor children therein mentioned. [The number of Trustees arc increased to 29. The following persons are appointed trustees, in addition to the number now constituting the board: Messrs. Thomas IV. Murray, Angus M. D. King, James C. " at son, Zachari&h Williams, David A. Kecs, Daniel Hook, Jacob Wood, Wilson Lumpkin, Howell Cobh, Stephens Thomas, nnd James Tinsley. Six thousand dollars arc annually appropriated for the support of the University. The Justices of the Inferior Court of each county arc to select from among the poor of their county, one young man, to ho between 15 and 18 years of age, and lobe educated nnd boarded ut Franklin College, at the expense of the University. Ten thousand dollars are loaned to the trustees, enable them to rebuild the edifice lately burned dowi A majority of all the members of the Board to con stitute a quorum, for the transaction of business.) 9-|. For thc relief of purchasers of frac tions, town lots, nnd islands, at the late land sales made at IMillcdgcville, in the years 1828 and 1829, and at the sales of town lots in the town of Macon nnd Columbus. 97. To rompel purchasers of mnrfffagcd properly, purchasers of life estates, or estates i'or a term of years, in personnl property, nt sheriff’s, coroner’s or cunstalile.’s sale, to giv bond. Clierokro land*, the Governor i» to order the district surveyors to proceed to the discharge of tlictr duties and to ilivide Ihc dialrict* into lota, and In proceed with the lottery. Otherwise the survey of said districts to be suspended tiniil the next meeting of tho General Assembly, and until further enactments fur that pur pose. Section 36. Counties to which two district surveyors are allowed, no sectional surveyors to be appointed therefrom. Section 37 The Governor authorized to call the mi- litia for the protection of the Surveyors.] 73. To amend an act entitled an tel to re- gulntc tho admission of evidenen in certain cases, in the several courts of law and equity in this Stale, and to provide for the recording of conveyances of |tersonal property. [This act declares, that the ceriilitste of any puli- lie officer, under hi. hand and seal, tu relation to any matter pertaining to their respective offices, shall he arhoitted a.evidence before any court of law nr equity in this Slate; but this will not prevent the pioduction of the original, when required by the court.] 78. To amend an act entitled an act the more effectually to quiet stnd protect the pos- session of porsonal property, and to prevent the taking possession thereof hv fraud or vio lence, passed December 25, 1821. 82. To authorize tho several courts of law .Vail Arrangements.—Wit 1 the commencement of the year, a very important change lias taken place in the arrival and departureof the mails to and from this place. Wc take pleasure in observing that the “ reform” in this instance is of decided public utility. The mail hc- tiveen Augusta ami Athens, instead of twice, now pas ses three times, nnd in a less lime bv a half day each trip. The mail to Milledgeville also goes tn less time than formerly. The following is the present arrange ment : Augusta .Ifni/—Leaves Augusta every Saturday, Mon dnv nnd Wednesdayat noon,and arrives at Athens every Sunday, Tuesday and Thursday by 8 o’clock P. M Leaves Athens evPrv Saturday, Monday ami Wednes day at 3 A. M. and arrives nt Augusta every Sunday, Tuesday and Thursday, by 11 A. M. MiltetlgevWe Mail—Leaves Athens every Wednesday morning, and arrives at Milledgeville every Thursday at 11 A. M. Leaves Milledgeville every Thursday at noon, and arrives at Athens every Friday evening. ft'alton Mall—-I.eaves Athens every Wednesday morning, and arrives ot Monroe the same evening. Leaves Monroe every Thursday morning, and arrives at Athens the same evening. l.ausrenceuille Mail—Leaves \thens every Wednes day at 0 A M. and arrives at Lawrenceville every Thursday by to A. M. Leaves Lawrenceville the same day, nnd arrives at Alliens every Friday by S P. M. Danielsville Mail - Leaves Danielavillo every Wed nesday, arrives at Athens at noon, and returns the same dav. Tennessee Mail—Arrives at Athens every Tuesday evening, and departs every Wednesday morning. -*5t- Tlie following are the names of the gentlemen elect- ed by the Legislature, as Commissioners to superin tend the contemplated laud lottery, and sectional sur veyors s l-ollery Commissioners.—Messrs. John Hatcher, Ro bert A. Beall, N. B. Julian, Zaclmriah Bogun, nnd Fronris Tennille. Sectional Surveyors.—Messrs. Ulvssia Lewis and Har deman Owen* of Mnseogee, Edward Lloyd Thomas of Clark, Alexander T. McGill and Wm. C. Powell of Baldwin, —Scruggs of Chatham, Lemuel Gresham of Harris, — McClendon of Coweta, Ira E. Dupree of Twiggs, Thomas Sandfnrd of Upson, Tliomaa M. Berrien of Burke, and Bonj. H. Sturgcs. Congress.—The trial of Judge Peck was still pending at nur Iasi dates from Washington, and inconsequence, other business of importance had been attended to. Next week we intend commencing a more detailed ac- cnnnt of Congressional proceedings. — **S>— President's Message.—The conclusion of this volumi nous document appen'n in thin day’s paper, and wc doubt not it w III be read with tire deepest interest hy a large portion of our readers. As wc have already ex- pressed an opinion that it was nn able slate paper, wc will not now attempt to pronounce a eulogy on its merits, deserving ns it may be. From the senlimcnta contained in it, in the main, we have no disposition to dissent—lint, as we have before said, there is one point on which we cannot agree with the President. Weal, lode to his remarks on the propriety nr policy of the existing tariff We have nlways regarded lire system of protecting duties nn iraniifarlurrs, or for sny other in our Iale remarks on Mr. Wood's resolin' failed to convince the Doctor that thecharn cs 'T'' * ! liticalion,” “ Disunion," &c. as applied to th^ liers of the Troup party in the Senate, were i ' ”’" 5, Now, however much we may regret lhis u „"“ r " cl - circumstance, we arc perfectly convinced that • • 1{ lault of our own, but rather attributable to t|, e ' 1 tude of the Doctors nvocalions, which will times allow him clearly lo understand the nit' ** position, or admit the most reasonableconclusio* ***" In the notice alluded to, the only expression”' up to fasten on the Troop party in the Senate th^'" of “ Nullifies,” kc. is the substitute offered b 'h* Daniel! of Chatham, for the 2d resolution \yjq . lie closes his article, and gravely asks what it" • ' Nullification boiled down! That the Telegrar,h > ^ no lunger remain ignorant of tho meaning 0 f this stitutc, wc will give him our opinion of it" also th-'f finition of the word “ Nullification,” as understood' Soutli Carolina, which lie would make synonymou. The assertion that a State, nr a people, may d 0 ‘ act which they may deem necessary for their pei ** happiness," covers the whole extent of rights. The Constitution of the United Stateshaj. to the Federal Government some powers or * that originally belonged to the States; co’nseqS' the States would be violating tho Constitution » f they lo do any thing forbidden by Hut instrument; "p would therefore bo preposterous to suppose that p, right to do any act, is a constitutional right. p| lc ^ trine of Nullification admits the right of any q| S | ( when she considers the Constitution to bo violated [/ the passage of an oppressive law, to declare aucli | a .j null and void, and resiit its operation—and all u,'. within the limits of the Constitution. It does not ad mit the constitutional right to do any act, for that would he an absurdity—a total impossibility. The righto 1 revolution no man believes to be guaranteed by i Constitution, and still no one doubts its existence a natural right. This being the caic, wc can sec no anal- ngy between Dr.Danicll’s substitute and Nullification- the one evidently alluding to the natural and inhered rights of all classes of men, and the other to a Conati- tutionn l right only. Wc have not time to enter into i lengthy discussion of this subject, but we presunn, enough has already been said to convince any dear- headed man, that tho rights here alluded to arc totally different in their nature and distinct in their operation —that the substitute offeied by Dr. Daniell has no re. fercnce to a Constitutional right, its language prechi. ding the possibility of such a construction—and there, fore, that said substitute does not prove its author or advocates to be Nuilificrs. In conclusion, we would offer the Telegraph ot: thanks for informing his readers where the Athenian wns printed, tic. Ho might perhaps have been in. dcblcd to us for a siu.ilur favor, had not certain sena tors, and a writer in the Federal Union, whose remarks be took good care to copy, lately informed the public that such a newspaper existed. We have also to ash pardon for omitting lo notice tho Telegraph last work but wc really had more important business on hand. Wo hope he will excuse us. —<35— FOR THE ATHENIAN. STATE hlGHTS. Mr. Editor,—Error of opinion either in religion « inlitics, is the more or less pernicious, and the more or i ss easy of removal, as the source from which it springs is exalted or debased. If it proceed from an authority whose weight of character or force of talent, stands low in the community, it is apt to bcentinly harmless; but very different, if emanating from Itigi, stntionor attain incuts. A name will sometimes iii down upon a whole country, the most dangerous doc trines. Such I conceive lo be the case of Ihc Presi dent’s opinion in his late message, on the constitu tionality of (be Tariff acts. It is nut my object to enter into a full discussion of that much troubled question, but as the President liar confined his view* of the subject to one single argu ment, nnd that apparently a new one, I think I can shew that it is very fallacious, or that the views of the convention who framed the constitution as expressed in their journals and debates, are most singularly mil persevcriiiglv considered of no authority in construing the provisions of that instrument. The President's ar gument is this, “ The power (says he) to impose tic- lies on imports, originally belonged tothc several states. The right to adjust those duties with a view to the en couragement of domestic branches of industry, is so completely incidental to that power, that it is difficult lo suppose the existence of the one, without the other. The States have delegated their whole authority ever imports to the General Government, without limitation or restriction, saving the very inconsiderable re serva tion relating to their inspection laws. This authority having entirely passed from the Stales, the right ton- erctsc it for the purpose of protection, does not exist in them; and, consequently, ifit be not possessed by the General Govern- ent, it must be extinct. Our politi cal system would thus present the anomaly of* people stripped of the right to foster their own industry, md to counteract the most selfish and destructive policy bich might he adopted by foreign nations.” If any one will take the pains tn examine the secret journal and debates of the Convention, he will find that no subject wns of mote perplexing discussion, than tin- pan of the 10th Sec. of tho 1st Art. of the constitution, viz: "no Stato shall, without the consent ofCongresr. lay any imposts or duties on imports or ezports, ex cept what may be absolutely necessary for executin' 1 its inspection law s, and the nett produce of all doticJ and imposts laid by any State nn imports or export.*, shall be for the usz of the Treasury of the U. Slates." Now let the reader imagine if he can, and ask hint- self, what does this mean 7 The States may lay duties for executing their inspection laws, but for any tlkrr purpose they must obtain the consent of Congress,and if the consent is granted, the duties must be paid Wi the federal treaswy. What, I repeat, does this mean : For what oilier pur/sosc do the states require this clause 1 What possible advantages are they to derive, orrlo they promise themselves from Ibis singular pro vision in the Constitution 7 What is it doing there I As it stands, it has no meaning, it seems to be perfect ly insulated, idle and useless. It hat never been acted upon, nnd no low in relation to it haa ever been par sed. But it must mean something. That it had if. object when placed there, every body must believe- Such wise men as those who framed Inc Constitution, must have had some rational motive for fixing it there. It is certainly intended for some benefit lo the Slater, beyond that of providing for the execution of thetr in- purpose, .. an usnrpat.on ol power on the part of the j sp f ctim fo P r lhi9 „„„ Ho withl)Ul thc cor .,ca! a ,u. e , »f Congress, and that benefit is clearly not rmw: Then ichat is it ) Has the mind of Ihc reader jet set tled upon any object 7 No I nor never will, until seme clue is given lo an explanation. Where is this to bn found 7 Ofcoiirse in thc journal of debates on tbecon- vention. And what do we find there? Listen to Lu ther Martin, that sentinel on thc watch tower, in a voice lo his State Legislature. “ By thisstme section, says he, “ every state is also prohibited from living any imposts or dulici on imnorls and extracts, without the Federal Government; and the more wc have seen, and heard, and reflected on litis subject, the more we are convinced of thc correctness of our opinions. We had intended to-day to make some strictures nn this part of the Message, but we have been anticipated hy the re- marks of i.ur correspondent over the signature of “Plain Facts,” published in this number. Were we to express onrown views of the intentions of Ihc members of that Convention which formed ottr present Federal Consti tution, ourarguments would bo but a repetition ofthnsc advanced hy nnr correspondent; nnd considering that he has treated the subject in a more able manner than we could have done, wc nliall omit our intended re marks, and recommend to our readers a candid and careful perusal of his communication. “ Macon Telegraph.”—In the plenitude of bis kindly attentions, we perceive that the worthy editor of Ihc Telegraph has given os a passing notice. It seems that imposts or duttci on imports and exports, will- permission of the general government. It was u, f9' i by us, that there might he cases, in which it would oc proper, for the purposo of ZNCoraaetNO mani-tac- tores, to lay duties, to prohibit the exportation oft** materials; and even in addition to the duties Istd b) Congress, for the sake of Revenue, to lay » ® b V discourage the importation of particular articles tmo a State, or to enable the manufacturer here, to »uM»7 u * on at good terms, as they could be obtained IrMi a foreign marker. But the most we couliobtain, was, that this power might be exercised by the in’ATES witb, and only with the consent of Congress, andsoanzto • were they to seize on every shilling of our mopqy thc general Government, that they insisted, even ’•
