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R. RXiLXS & CO., Proprietors.
Volume XIV.
IHYEKriTY OF LO II MAYA.
MKOII'AL. DEI'AKTMiiNT.
r 1 ‘ill', Ynuuul r.mw <>i l.siltirva in Una Department
1 w ill cnmnitMii'. ,i M iNRAY. November 14, ittoy,
aif I wiU terminate in the eiiMiinje ‘arch.
JAMES JUNKS. M. I).. Bird* of 4*ractice of
Medicine.
.1. li. RIDDELL. M. !>., f*rof. of Ohemintrjr.
\V \RRFN STUNT. M I>. l'rof. or Surgery.
A. H. UKN AS, M D. Prf. of Obstetric!*.
ti t SI AV US A. NOT f, M D, Prof, of Materia
Modiea.
T. <5. RTCTT \Rt>SO\. M T>. Prof, of Anatomy.
THOMAS IItXT, M D. Prof, of Physiology
ami Pathology.
* S. K, QJI AiLLE, M D, and W. C. NICHOLS.
M l, i). in Mis*Lrat >rs of Anatomy.
The room* for Dissecting win bo open the se
cond Monday in October.
Tim Faultily are Y toiling Physicians ami Sur
go .iis of the Charity Hospital.
The ‘ia lunU accompany tbe Professors in their
visit*, and free of expense enjoy extraordinary
practical advantage*.
Preliminary to (he Course, Lectures will be de
livered daily in the Amphitheater of the Hospital,
from the Ist. “f October, on Clinical Medicine and
Surgery, and other wiihnut any charge
to Students. THUS. HI NT. M. D„ Dean.
The Administrator* of the Charity Ho.-pital elect
annually, ui April, iourtocu Resident Student.*,
who are maintained by the institution.
Aug. 21*—wVt
Alaluima E.uiiilw I’or male.
r PIIK subs. Tiber offers hi* plantation in Russell
*• county Ala., ftltsale, within 7 mile* of Colum
bus, tl.v.. containing 48t acres. H2O acres Oak aud
Hickory, and lit) fine Laud with about :’.()0 acres
cleared. With framed dwelling with 5 rooms and
four chimneys, (I negro cabins, gin house mid
screw, a mlendid barn and stable*, carriage house
and an <xod cut well of water aud several good
springs on th • place. The lileuvlllo and Kufuula
road mn thr i igli a portion of it : any one wish
ing to pu cka*) a small farm, would do well to
call soon ana see the place, a* 1 aui determined
to sell. WMG ALLEN.
August Bth, 1859, w3m
FOR SALE.
OU RENT 1071 a.-rwrt luiul on the Chattahoo
chee river, in Henry county, Ala., 3 miles
from Columbia, and 23 miles below Fort Haines,
830 acres cleared two thirds of which it fresh,
2.H acre# cleared last year. 600 Acres river bot
tom than which there is none hotter on the river,
improvements sufficient for the place, water good
and abundant, and as healthy us any portion of
Ala, 9.10 per aoro was offered and refined for a
plantation just above this, which in uiy opinion
is no heller. 1 will sell the place at a reason able
price, and on long tiuie—four years, if desired, ur
1 will rent it at $J 30 per acre. For further par
ticulars soe meat Midway, Ala.
Aug.Kibl.-aV wif O A ROSE.
Spirit of the South, Eufaulo, pieaa* copy.
A Hai'jiaiii.
rPiIK subscriber offers a bargain in six or seven
* hundred acres of good land, belonging to the
estate of James Morris, deceased, there is nearly
400 acres cleared. The pla*- is situated about
three miles North of Cotton Hill, Randolph coun
ty, at which place is u linit-rate school and one
mile and a hull South of the Depot between Cwth
bert and tj. urgetown, with good improvements.
Buyer.* had better come and look for themselves
if tUey wish to get a bargain.
Hypo iiiu AM VNi>A J. MORRIS, Kx'tr.
Arkaiitia* l.aiol lor Male.
* - IN 'Miscijio-m ■ m lailureuo mli my Marion
“""‘D lai "l, 1 now ntfei in> Ark ansa* place
j- Jitla. In Mm I. Minty, containing I 840aere, tor
JaaJLSa-mc—SOOar reH eti UK-d anti lit Cultivation 12
acres (leadened, and aiHtui UK) acre* boltum land on
Locus Bayou, balance is good level upland good |ir23
buatiets corn, or 1,000 10 |,2rto (Miunds cotton (h-i acre,
tbe bottom land gmd tor 10 l.issiwi- .m ji ami 2 non H.
cotton per acre fne pla.ci,, sutiuted i|i ihe Kiage
road, 12 intlcseoal ulUn-ciiy of Camden, yS miles I’ruu
Bieiunboat Undine on Ouarl.ita River, and .< milesHontti
ot Mwaissipp l , Oiiae.loiit and He.l Uivr. now ImiM dug.
5’K) acres good envernment laud can be added to the
pin*c, andxnnltl be divided into two dcairable settle
meats i>! I .(KM i a< res emit, and I would divide il and
■HI either half - >utli half at #4 per a re, north hatful
15 per acre, or all of it sat , r s)o in two etjnal payments,
or #7,Anticosti nett January, when I would give j*
■earimi, nr vv. nld veil for oUUg negro property.
P. i*.*n visit in* tfin! J 4 !ate lo look m lauds w ill find
my agent,Keiiyaium I’. ll**lmim*hm, F<*h|., at Lisbon, Un
mu county, Arkansn*, who is authorised toaeHforme.
I will titmish a pint, way (till, nr any (Hirer imormatioti,
by addressing me at (Sienaim. M utuiirmiuiy, Ga.
Hep 3—wit ISAAt T ROB1NHON:
Valuable Lauds for Sale.
I offer to the public tny valuable Plantation
mg 3*-j miles east of Buena Vista, (Ja , eon
acre.-, 260 of w bu u are in cultivation. The
->A.— remainder is well timbered, a part of which is
•wamp orniHT-.li, which could, by a little etpanditwre,
be made as valuable laud a any in Georgia. (Jin
house, screw and other buildings in good repair Wa
ter, bealtti, and a*>ciety all good.
J lll vlb wit 1. It BOYNTON.
*IOO Reward.
A STOLEN from the subscriber• 11 the
:t< * instant, at night, my grey home about
A about sit yai- *>i flue *i/.e and in
Jll ■ >d ordci. it'in main and lad, orcaaton
ed tiv being tut out; shod in front; a black ipnited
sad lie; *>■ spring stinupand one piarn atirrup, and a
double head stall bridle
I will pav the above reward for the thief and loose,
with pMmfto convict the tluel, 011 w ill pity a *ati*f*o>
lory reward f*r the horse alone. He was seen mailing
his Vav towurda Harneswltie having on a tall crow ned
wtutghai. K. G. UVAKH.
Indian Springs, Sept. ‘.17--wtf.
SANFORD’S
LIVER ItfVIGORATOR
NEVER DEBILITATES.
IT IS i JOffPOHNUKII ENTIRELY from <*tiiiis,and
i him become an established fact,a standard medicine
—upproveil by oil that . have used U, and is re
aorted to with ronfi- M deuce in all diseases for
which uis recoimnead- *■* and.
It has <ll thou sands A with 1 lithe last two years
who bad given uph"P* ‘ of relief as numerous
unsolicited cerultcaies ™ in iuy possession show
Tbe *1 >e must be adapted to the teuiperaiueut
of the individual taking mjt it and used in such quan
tities as 10 act gently on S the bowels.
lad the dictates of your as Judgment guide you in
use ..1 the I.IVEHIM- VHldkAl *>k, and it
Will I ure 1m rr Oni pi, unis. BILIOCS tf
tarkr. It rsry.rsM. ns Cki-omr ft t*rrM *a,
sVM ML H VV M- 4+ FJLALV*N,D rSRJfTk
HY, DROPHY. HO Ik *7 UMAC/L Habitual
VtixTIEK.YE* -V Out- i*. C/101-F.RA Ctu.U
ru.Mnrhu*. < HuLVkA w* IMbAMTVM VI. ATV
LL A C A., JA f’A men. sm/c It EAKV A'Xt*-
KS, and may be rsed siicressftitly as uu(rrdtn
am. huHAly JfeiuMi.— 99 It will cure s/CK
H A. - AHAC 11 L, (as ™ iliousands can testify; m
(rMi* MimlM, \f wm two or thru Tea
/‘p.MiHiuU art fairs at commencement oltlie
auack
All who use U are , gfomg Uupr testimony
in its favor ■■
MIX WATER in the mouth with the in-
VKiOKATc)IL AM) HWALLOW B<TII TOOK I II
ER. I* 111 1 K ONE HOLLAR PER MOTTLE
ALSO,
SANFORD’S
FAMWY
(lialliarlic Pills,
C OMPOUNDED FROM
I'iirr Vrgf(RlileKilrtrlii, anil put tip
In <>lh f Air Tight, mil will
lt rp In ni>> Climate.
Thu KAMI IA (,'A - rnA*TM Pii.i. in a gen
lie hill active fathanii (J which the pn.prteuir le
HM'I in lim pruii. > new Hum twenty yean.
Tin ■< •ustaiitly nitre.'iHiny jr demand from those who
have long used the PIIJ.W . nmt the atlefhrtiiit wtitrti
alletpressiiifCgerctlotheii n uee.fca* induced m to put
them in the nurh of all m
The protewlnn vs ell kn"W ~,a* different < hat hart™ |
a"fm ilillereni portion*<l . ihekowtis.
The KAMII. V * A T(IAR TI I P 11,1. i
ha*,with tine, tuleience U* line Well en'alilielil fact t
been roitijMimuled print u hj variety oft he purest vege
table estrart*, which art alike on every p*rt of tbe
alimentary catiul, amt an hj *'*o<l and sale In all oas
es where a ehnlhartn te.. needed. such as Dr.- |
**Ni;r.*K*T<’ f th e nOM AOH. Bi.M-.il
M.a. PAINM in Till Q ItA< K AND LOIN H,
OfMriVENB* . PAIN anii Husksr.aa nvra
Tna WtIULK HODV front sudden rUt, wUk Ii
frequently. if neglected. end m o lona course of Pe- ‘
vet I.OHB OF AI'PE-lj ITT*. a C'rkkpinu Writ
• •non or C'm.i ovan'JrHE lloov, Rkxtlk**
ncea. HEADACHE ‘.if unoitT m riir. llrao.
all INFLAMM ATORY H Hurts**. “ ‘ IK,M 8,
Oiiiuirrn nr Am tra, P RukiUATita. a Ore*.
Purifier of the Ulood, ns auriiitauyihaeaaeNiowlik h
fbih iihttr.tno nutnvrnu* M* to mention in thia adver
fme me lit DOHE Ito 3. 1 !
Price 30 Cents.
THE LIVER INVIOOUATOR and FAMILY CA
THARTIC P11.1.R are retailed by Dn*ff>ata generally
and aold whoiaaala and retail by the Trade In ail the
large town* __
. T. W. SANFORD, M. D.,
Manufacturer and Proprietor,
JQnaH—wsn> Reettnwfsf, New Yort
She (I'ulamlm.’i chit) (Times.
# . b •
3 oLIM.tIN. TtMU.tV,lltmaißKK4o. IM.
I . • . - -.z.rrssr r ” ?"~^3
i Out. hum.
| The communication siguud “I'uxi iiam” lake* i
i up so much space, that we forbear writing any
editorial to-day. It is from the pen of a man el”
ability. It suggests the policy for the States
1 Right* Democracy, in the coming Presidential
campaign. At the proper time, we will give our
] opinion as to it* merits and what wc regard the
I no line of policy to secure harmony in the De
moeratie rank*, without a sacrifice of principle.
That Bank Lkttkh !—The famous Hank let—
-1 ter which the Opposition said (lor. Drown wrote
1 and which showed the Bank iucii how to evade
i the law. ha* made its appearance, and lo and be
) hold ! there Is nothing in It which Gov. Brown
i ought not to have written! Much ado about
nothing!
onmmncAVßD.
To the Hcmiwnstlf southern Right* Parly.
In tny tlr*t address to you a few days ago, I
shewed conclusively, that ftwnfttnt Douglas stands
uo earthly chance to bo elected President in the
coming race, even with n nomination by the
Charleston Convention ; I pointed out to yon the
reason* why his nomination by that Convention
as the National l>eunocratic Nominee against the
nominee of the Black Republican party, would
prove both the defeat of the party and the ruin
of the South. 1 baldly say It, there is not iiiau
of intelligence North or South, Hast or \Vu*t,
that can gainsay it. 1 showed you. further, that
tho only possible hope we huve to escape so great
a disaster, is for the party to instruct the dele
gates from the Slave Slate*, to the Charleston
Convention, to plant them selves upon Protection
for our property in the Territories, as an addi
tional plauk to the Cincinnati Platform, before
they consent to go into a nomination. I said if
the Democratic delegations from the free State*
refused Ibis reasonable, ju*t aud pro(ur right,
that the Southern delegate* should walk out of
the concern, issue an address U the whole {ample
of tho South, (not to a party,) invoke them to
unite, choose and *ud delegates for a Southern
Convention, ami theu and there nominate their
own candidates for President and Vice President.
| i showed you how this would unite the slave
j States on tho only issue of any ouu-eqnonce to
1 them, aud would prepare her people against the
day of tremble; that it would, in all probability,
I have the effect to carry the election intfl* the
| House ol Representatives, where, the doc lion he
| mg by Slate*, the South will have 15 vote*, and
would only lack three more hi elect. 1 showed
you that she would stand a good chance to get
California and Oregon, which would make 17, and
that Senator Douglas, cunt ruling the vote of his
oWU Slate, Illinois, and compelled to choose he
J tween onr nominee and that of (he Pluck Ropub-
I lican party, would probably giro the casting vote
to the Southern candidate, thereby securing the
j gratitude and friendship of the South, place him
|*nlf on firm ground for the next Presidential rare,
and above all, save the Union from destruction.
I Having done thia, a* 1 trust, to tho satisfaction
! of every unprejudiced mind of our party, I now
| call your serious attention to a point of vital im
portance. That point i* the Charleston G'onven
! tiou. On that Convention will hang “ill the law
! and the prophets.” On that Convention will
j hung the destiny of untold million*. In the
hand* of the Southern Delegates in that Conven-
I Ron will be placed for weal or woe, the future
I welfare of the Southern people, fathers, mother*.
I huthnnd*, wives, children, home, property, and
( all that is loved and dear to u*. in life. Well
may it Iks culled a vital point, the molt impor
tant, in my estimation, (but will ever assemble in
I utir country, ft is my doty it i* your duty, yea,
it is the imperative duty of every true ion of the
South who belongs to the Democratic Southern
Rights Party, to guard this point with a sleepless
vigilance and unfaltering firmness. Let no man
go itt that Convention from the South, who is
not known to be a faithful .ml reliable sentinel.
Let no man go into it, from the South, without
expreen intt ruction* to plant hitn*clf on Protec
tion for our proparty in the Territories, a* our
reasonable, just and proper right, and lid them
see to it that it i* engrafted into the Platform of
| Principles before any nomination for President
or Vice President is gone into. This I* our right.
It is our sacred duty to exercise it. It is a duty
jwe dare not violate, let come what may. In the
; event that the delegations from the free State*
! refuse and deny us tbia right, fbundod in the
i Constitution and proclaimed by the Supreme
j Court, and wc are called upon in self preservation
j to select aud unite upon Southern candidates, 1
I would roM]Mclfuily, yet earnestly call the atten
tion of both of the polilical parties in the South,
to two distinguished aud reliable men—-one in the
i Democratic Southern Rights party, mud the oth-
I er in the American or Opposition, upon whom i
think the whole South cau unite. As the Demo
cratic Southern Rights party now has the ascen
dency in each one of the lo Southern States, it
would be but just and right to give that party
the nomination of J*resident. For this, and in
the event spoken of above, 1 propose Senator
Robert M. T. Hunter, of Virginia, and for Vice
President, the lion. Humphrey Marshall, of Ken
tucky. Disclaiming any iuteutioual disparage
uieut to the other distinguished Southerner*
whose names and claims for these high office*
have been prominently presented, I hope I may
| be allowed the privilege to *ay a tew words in
j favor of the two dhitiuguihed statesmen 1 have
. named.
Robert M. T. Hunter, ia a Virginian by birth,
and has always been a strict constructionist of
the Constitution. He is acknowledged by all
men of every party to be oue of the ablest states
men in tbe V. State*. Ilia character, both pub
lic and private, is irreproachable. He ia in every
sense of the term, a pure amd honest man, sound
in tbe rigbU of tbe Kouib, sound on the doeiriVia
of Congressional Protection, firm and unyielding
in bis straight-forward and well considered eon*
victious of duty. Senator Hunter stands at the
head of tbe National Democratic party in tbe
Senate, anti enjoys the love, respect and confi
dence of the people of Virgiuia, and indeed, of the
whole Sooth, in a greater degree, probably, than
any man of his parly. He is looked up to as a
statesman of great experience and reliability in
political affairs, a safe, sound and ever watchful
leader, ami in short, is a man that the whole
country can trust. Ilia name alone is a Lower of
strength in theßoutb, and if there is a man In it
wh<> could possibly win a free Btate, that man is
Heoator Hunter. It may happen, when the pen-
I pie <f the North coma to see tbe determined stand
’ taken by the Booth, and become assured that an
abolition victory over bet will prove tbe death of
the Union, they may pause ami change front,
uud in this way save the Kouth and the Union by
I voting fur tbe Southern Candidates. No other
| uian in the South stands so good a chance tn ef
fect this as Senator Hunter. He is emphatically
the man for this great emergency, and the whole
I South will rally and uuite upon him.
Tbe Hon. Humphrey Marshall, of Kentucky,
is a man of great talents, well schooled in politi
cal affairs, of irreproachable character and ac
knowledged firmness. He served his country
faithfully aud gallantly in the war against Mexi
co, and while a member of Congress in tbe House
1 of Representatives, no man in it occupied a high
er position. HU noble speech delivered in the
House a few days after tbe great ipeeoh of Sena*
| tor Iverson, In wbloh he took tbe ituae bold Md
THK UNION UK THE STATES, AMI THE SOVEREIGNTY OF THE STATES
in I v stand for tho right* of his section, will
ever endear him i. the hearts of every true venof
the South. M man in the ranks of the Ainrrfcnn
party (in tile South) will hu uiuru acceptable t”
tho Democratic Southern Right* party, than
Humphrey Marshall, of Kentucky. In the
event of a union of all parlies in the slave Ptutes
for self preservation, 1 re spool fully suggest Ills
name, lint of course, it would hu left to the
Amurioaii party to ohooso tlivir owu candidate
for Vice President, ami I doubt not they would
select one upon whom a united South could
rally.
CHATHAM.
P. S. Since writing the above, l sue that Senn
tor Douglas hu* taken still bolder uml more dan
gerous ground against the South. In his late ar
ticle on Squatter Sovereignty, published in Har
per’* Magazine for September, he openly pro
claims that the first Squatters in the joint and
common Terri.orics of the Country, posse** the
power of a Sovereign State, and can legislate
Slavery out of them at any time if they think
proper. That neither Congress nor the Courts
have any power to prevent it in; short, that the
South is without any remedy whatever, and ns a
matter of course is iuteiitionally shut out. Every
body know* that the free-soil Abolitionists with
their ‘‘Emigrant Aid Societies,” dan and will rush
their Squatter* in with written instructions in
their pockets, to lake posession of the Country,
and legislate the slave owners out and gctitU
meii. this is to be“ The order of the day.” How
Col. Toombs, John Forsyth, and nthe Slave own
er* amongst us can advocate Senator Douglas a!
ter this is a mystery to me. Mcssr*. Editor*. w<
read in Ksop's Fable*, that once upon a tune, a
certain Fox, in going where he had no business,
fell into a trap, that was set for him, and got his
tail cut off. in order to escape the ridicule of the
uiliei Foxes, and maintain hi* position, he act
hi* wit* to work how to get out of the scrape
After studying the matter over for n long time,
the idea struck him, to persuade nil the other Fox
es to have their mils rut off too. So he went lo
work to i ring (hi* about. Rut the other Foxes
knowing how the thing hud happened and pt*r
cicving liis “low jes*ic,” shook their heads and
said, wo connot consent to give up our “tails” wo
find our “tails” a very useful ‘‘institution” time
loro we beg to be excused. We are very sorry
for you, but roally you have no body to hlomu
but yourself, for had you not g< ne where you had
no business, you would not h ive fnl't n into ihe
trap nor lost your tail at all. Ho they let Hohtail
slide, and took no further notice of him. Well,
gentlemen, my advice to the members of the
Democratic Southern Right* Party is this be
ware of the Douglas traj . let it be set and baited
by w hoever it may, or like poor Reynard in the
Fable, the first tiling wo ku<>w, our tail* (tho
darkey) will be cut off from us as slick as a ribbon
and wc come to bo the laughing stock of all cre
ation. Let us take warning in time, for being
torwarned is to be forearmed.
CHATHAM.
Letter frum the Hon .lelt-epson Mavis tl MUs.
Oaklano, Mi)., Pojit. Bth, 184D.
Editor State * Sir •in yout paper tin: ttth
Inst, 1 find au esnay by the Hon. .>/ A. Dougins,
on •*l , <*pului-Hotoreignly in tliu Turriloric a,” and
observe that the autbor quoteji iVotu n tliseu.-i'lon
between him anti myself on the lull of 1830, to
establish r civil government for the Territory of
New Mexico, but his extra els ure mi partial 11- to
migrcbresuut tbe position which 1 thou ami ever
since have held. I will not tax your c urtesy by
asking for the use of your cnlutbs to reply to tbe
arguments of the essay, <r to vindicate the De
mocracy of the (South Itoui ibu supposition that
wu are correctly tiewsrilwil in tbe classification of
the%olitica! i*pinion of the country 011 the -ob
jeet of Territorial government or t*> refute bis
itHttuinpliou that the axiatence ot a local law in
New Mexiuo, which prohibited “slavery,” vv.ts
an undisputed fact. Whoever refers to the dc
hate from which he quotes, will not lull to observe
that it was shown to have been not a municipal
law, but the result of a decree of u Dictator of
the Supreme government of the republic of MeXi
co, and therefore, if law at ull, was of ihccharnc
ter *>f public or political law, which it wne.oti
tended was repealed by the transfer ofjuriedic
tiou to the United States, and the esusequeut sub
jedion of the Territory to the provisions of our
Constitution. Hence the comment which Mr.
Douglas makes upon the extracts he selected from
the remarks of Mr. flay and myself, perverts
the position which he bud full opportunity to
know was held by myself and others who parti
clouted la the debate.
My fdijoet iu addressing you this letter, is to
request that you will give to your readers un ad
ditional extract from the remarks of Mr. Doug
las to counteract the impn stion which he made
by the extract already published.
Mr. Dougins thus quotes from himself.
With reference to tbe protection ol property iu
slaves, Mr. Douglus said :
“I huve u word to say to the honorable Hciik
tor from Mississippi, (Mr. Davis.) He iusists
that I am not in favor of protecting property,
ami that his amendment is offered for the pur
pose of protecting property tinder the Constitu
tion. Now, sir, 1 ask you what authority he bus
for assuming that ? Do I not desire to protect
property because 1 wish to allow the people to
pass such laws as they deem proper respecting
their rights to property without any exception ?
lie might just as well say (bar 1 hui opposed to
protecting property in merchandise, in steam
boats, in cattle, in real estate, as to say that I 11 in
opposed to protecting property of any ether des
cription ; for 1 desire to put them nil on an equali
ty, and allow the people to make their own laws
in respect to the whole of them.”
If, ah thenoo is to he. inferred, Mr. Dougins
wished to give to all property equal protection
and security, if he was opposed to any exception,
obstruction or discrimination against properly in
slaves, it will naturally be asked, what then, wus
my position with which he so directly antaguui
xcd!’ Tbe injustice of his extract is made appu
rent by quoting further from his own remarks on
the same point and in the same connection :
Mr. Douglas —Hut the henatorirotn Mississip
pi, says that he is contending fora principle that
requires Congress to protect properly, but that I
am contending against il. Not at ull, sir. I
desire to give them such a government as will en
able them to protect property of every kind mid
description. 1 wish to make no exception, ile
desnee. to make an execution.
Mr. Davis —Not at. ull, sir.
Mr. Douglas—The government contended for
authorises them to protect property in horses, iu
cattle, in merchandise, and properly <*f every
kind and description, real and personal: but the
Henutor from Mississippi #uy* that you must ex
clude American slavery
“Mr. Davis— No, sir, i said no such thing.
Mr. Davis- lie is excepted
Mr. Davis—With the Senator’s permission, I
will explain, lie is attacking the bill, but I had
nothing to do with the bill, except to try and bet
ter it.
“Mr. Douglas- I begin to discover my error. I
am holding the Henutor responsible for the work
of the committee of thirteen.
Mr. Davis, (in his scat.)- It was a very great
error.
Mr. Douglas—l was making war upon him by
mistake. I pay my respects to tho commit
tee of thirteen.
I will not extend this communication by com
merit or reference to other poruoua of the*db and
and the votes by which various propositions w<-r
decided. I contended then, as now, lor the
equality of the South In the right to enjoy the
common unappropriated domain; ami f**r ade
quate protection to all the constitutional rights
of every citizen of the United States. To this
end 1 hope we may all attain.
Very respectfully, year obedient servant,
JEFFERSON DAVIS.
Kin) teunljr. tit.
The delegates representing the Democracy in
the county of Clay, mot in |tbe College Chapel,
•t Fort Caines, on the fith lust, for tbe purpose
of nominating candidates to represent us in the
next (leoerul Assembly.
The Convention having organised, the Jlon.
Q. 11. WardlaW moved that A. B. Tennell, act as
Chairman, and Dr. B. V • Adams, net as Hecrota
ry of the Convention. The name of Dr. H. ]*
Burnett, living suggested as a suitable candidate
for the Ken ate, was, on motion, unanimously
nominated by acclamation, —Col. F. T. Cullilis
and others, being ballotted for. The former hav
ing received more than two-thirds of the votes of
tho Convention, was, on motion, unanimously
nominated by acclamation, as candidate for Rep
resentative. Both of whom being present, there
conducted by a committee to the rostrum, and in
tbe midst of enthusii In, accepted tho nomination
with appropriate and feeling speeches.
A. 8. TEN N ILL, Ch’m,
Dr. B. F. Aam, Seo'y.
COLUMBUS, GEORGIA, MONDAY. SEPTEMBER 20, 1859,
CULIMMIIS, Ml RMMbU SKPTFYIHFK 21. IHSR.
Mr Mott once More.
The Etn/nirer allude* to ono point in our arli
tide in rcfVit Ucc to Col R. L. Mott. The whole
question in it nut shell is, that Col. Mott could
havi defeat <d tho Market Ordinance bill at ter it
pissed the Senate Mid was returned to the House
with an nmomlmcnt. if lie had been opposed lo it.
So could Mr. Howard, who had no voioo io the
matter one way or tho other, but left Col. Mott lo
carry uu the legislation. .Mr. Mott was the fraud
of the bill ail the tint*, and could have let it re
main on the Clerk’* desk with many other Senate
hills, and never have taken it up, if jic hod felt
disposed. This will *utUce. We will not mis
represent our colleague, Mr. Mott.
The duty ol s Legislator The Oath
In our judgment, aud according to the construe
tion placed upon the oath of office, a member of
the Legislature is obliged to vote upon question*
which come before him. Otherwise all Ugisla
lion could ho defeated. Mr. Hardeman, the Op
position candidate for CutigrVM* in the 3d district,
would not vote upon the bill for the “pardon in
fbirtoti A. Bfo.tk's of Harris county"— a notori
ous follow, whom many citizens of Harris peti
tioned the Legislator- not to pardon, and asked
that the j'ld-uienr of the Cmnt might he exectit
od. The .Journals *how that Mr. Hardeman whs
in hi* place when tuo Hill was taken up and til’
ter it passed, and did not vut°. A* the o y<n stood
j and the >•** 5d a tie vote - his own vote
w.mld have e.bauged tho result. Mr. IL ward, of
Muscogee, refused to vote upon the hill relating
o tin M irket Ordinance ot this city, for reasons
satisfactory to himself, and, perhaps to hfa con
stituent*. Wo quote a part of the onto of office,
iuluuJing no offence to any one, to-wit •
“l, A. B. do solemnly swear or affirm,
* * that 1 consider inysolf oonstitnttonally
qualified a* a Senator or Hapresentativo : ami
that uu oft 7 and measure* which may
Bourn before mu, I will i/ire tay vote, and so eon
duct myself, as may, in my judgment, appear
most conducive to tho Interests and prosperity of
this Stats” At*.
Perhaps it to best for the State for the whole
Legislature to *it still and not ovt<- upon question*
coining before it, albeit ihe oath makes it obliga
tory upon the ui umbers to a certain extent to feol
some interest in (lie proceedings of their liody.-
The spirit ofthc oath to evidently intended for
those who dodge questions and shift response
bilily. _
ISrumii nlicud !
Au intelligent gentleman from Murruy county,
inform?- us that the countie* contiguous to
Murray, off Hie State Road, arc for Brown iirst
lust and all the time. In the counties of Gordon,
Pickens, Gilmer, Cherokee, Forsyth, Lunipkii .
Union and Murray, the opposition candidates fur
the Legislature are all Brown men with the ex
oepiion of out. Thu* the ball roll* ! Let the
opposition pretend that Akin will be elected!
Wc expect Gov. Brown to make a large gain in
tho 2d District over his last vote. Ho will swoop
t he Stato !
Mr llardinull's Record.
The voter* ol the 21 District should read Mr.
Hardeman's Legi.•dative record. ‘Talk ah,,ul ex
travagance; besides llis vote* to spend tlie peo
ple's money for various enterprise*, ho voted f* r
the Ktiijay Railroad, which loaned the credit of
the Htnte to the a mount of a half million of dol
lam. Running a road from houic point on the 1
.State Road to Duck Town copper mill’s ! Thisis |
extravagance on tho wholesale principle, and u i
liberality not very commendable.
; (CO ‘IU IINH \TE I*. )
I 01. It. L. Mud uu Mule Aid.
Me.ttrt. Editor*■ Where doe* Col. Mott one ,
ofthe candidate* for the Legislature-—-stand up- j
on the question of State Aid? Was he for spun- j
ding the people's money for the construction of |
Railroads? lio voted on both *>de* of the (pie*- ;
tion. The Journal records hint a* voting ayaintt |
the Brunswick bill at one sesnioti and /oral tho
mutt. How i* it? Cth Wars, i
Communicated.
Mr. Ilorturd a* a Legislator
Wc have great respect for Mr. N. L. Howard
a* a iiian and a citizun, but a* a Legislator, we
think him timid and afraid of hi* shadow. Look
at the card of Col. R. L. Mott, and you find Ihat
Mr. Howard doubted the constitutionality ofthe
market clause iu the hill, which pursed the Icg
ula'ure, “amending the charter ofthe City of
Columbnts” permitted tho bill to pa'*,
and WO hoar would not rote at nit! Ought ho
not to have given hi* vote to support the Uonsti
tution, the benefit of hi* doubt? We make no
charge against Mr. Howard, but H*k the question
in a respectful manner, intending no offence.—
Why nut have a mind of your own, Mr. Howard?
Why tremble in the knee* and shill iu the breeze,
when bills eoni” up in the Lugislature affecting
tho interest of your constituent* ?
Query.—ls Messrs. Colquitt u.mi Mott were at
a loss bow to vote, and like Mr. ilownid, hud not
voted at all upon tho bill sent to them by their
constituent*, who would huve represented the
county ?
UR A TO IE.
Communicated.
Thr true policy for Ihe UfMorraf).
The true policy lor the Democratic parly in
the coming Presidential election, is to ignore at,
Charleston nil questions not vitally affecting the (
interest of tbe. South, and pre-unit a hold front j
against abolitionism. 1 have little oouiideuue in
tho patriotism of the Opposition. They shift
with every breeze, and. like a drowning niau,
catch at every straw, that may keep them above
the surlaoe of the ruin. Advocating at one time
n coalition of all parlies opposed to the deinooru
oy ; at another, a platform of tiio law. I'laning l
much weight upon tbe platform to be adopted at
Charleston, and yet, condemning platforms as i
worthless. Denouncing Douglas and praising i
Crittenden, lu laci, presenting a cough* merit- |
tfon of materials incapable of mixing aqd having
no other bond of union than a love of spoils*—
The platform to be adopted at Charleston may
not suit every grade of opinion. Jt may be too
national for some, too sectional for others. But
the democracy should reconcile differences and
uuite for tiro sake of uuiou in defeating the great
army of Republicans, who now tight with Hying
banners. Is the question of protection of suffi
cieut urncU<al importance to rend asunder a
greet party—the only barrier to Lhe success of
Republicanism ? Is not tho demand too great
for the good to 1> realized ? Why not wait until
the question forces itself upon Congress? 1 Why
insist upon a theory and an abstract ion, which,
however right In itself, will be a barren victory
eveu when won? Tho democratic party agree
upon great aud Living questions, which divide tbe
country. Lot it not be dissolved unless the
Union is to bo dissolved. I have no love for tho
Union—believe it will one day break to pieces
from its own weight ami the Irreconcilable dif
ferences, which will ever exist but ween two dis
tinct civilizations. But, as long as the Union
lasts as tong in there is a necessity for a national
party it is folly to disorganize tho democratic
parly upon an abstract Issue. 1 believe that Con
gress should protect slave property in the terri
tories and would insist upon it were the question
presented in a tangible shape before Congress.—
But the Bouth has never yet demanded it. The
emergency has not arisen and may never arise !
W y *ue i < i tl i groat organization, unless wo
ire ready to advocate a dissolution l Tho minor
il Terences which exist in the democratic party
will exist tn every notional organization.
The result of an effort on the part of the South,
to make tho question of protection the vital issue
at Charleston, will lie to cronto in Oeorgia, an
other thir 1 party, like that of Troup aud Quit
•nan. The groat body of the democracy will ud
vocate the election of the nominee at all hazards,
a* the la*t moans to defeat the abolitionist*. If
t m democracy make an issue aud plant them
s Ives upon protection or(lie Opposition
party will unite with Douglas and Crittenden to
arm a L'nion party, mul will sweep the South.
Any party, which, like the Know Nothing party
of Alabama and Ueorgia, which could pledge ifs
members “mio to another,” not to support any
candidate tor flic Presidency, who did not endorse
their principles in “sp/W# </*<( in aubta*ei, > ’ and,
then whirl about and support Mr- Fillmore with
out such a guarantee, in fuel, alter strikiug uut
the l.th section of ihuir platform —are not too
good to deceive the people a second time, albeit
they might ho commit tod to protection by the
strongest resolutions that language could devise.
They violated their pledges once—they will vio
late them again !
Create a Southern Rights, fire-eating parly
upon tho doctrine of protection, and the Oppotii
liou, who nru not committed to it, will ride into
power upon the Union sensation. They will
spurn the idea of a dissolution, and will sub
scribe to tlm doctrines of Hell, Crittenden and
Holts. Let no Trcjau Horse be admitted Into
oamp the Cincinnati platform is good enough.
Nominate a Southern man- don’t take Dougin ,
who would lose every Southern State ; but Hun
ter. Stephens, Breckcnridge or aotaosound South
ern inun. If a Northern man is to be the nonii
noo, tlen. Lime, the‘‘Marion ofthe Mexican war,”
is the strongest uml the soundest, and will he
triumphantly elected. Ho can carry the West
and the South. The bullet hole* in him won’t
hurl hi* election.
CALHOUN.
The Savannah R ;p;iblio:iii publishes tho follow
ing, exposing u precious piece of rascality on the
part of some individual, whose name it docs not
give. There to no greater scamp than he who,
under the guise of philanthropy, swindles the
victim of his confidence; and the case here men
tioned i* one ol the most aggravated. Why not
Mention tho name, if the story is a true onc?-
“Miakv, \ mn.- A negro man who purchased
Ins tin dom went lo Now York Flat*, and by rig
id economy saved stiOO, which lie entrusted to hu
Abolition ieuturer to goto Delaware and buy hi*
oldest daughter. The lecturer was overcome on
hi* • harilatde errand by a lair daughter ol Lbu
Hi.ate of Delaware, whom he married and then
pocketed the <WHO given to him by the mjgro.
This to about us fur us ihe principle of an aboli
tionist extends a* far as it is possible to make
money out of it.”
The (dall(ln)i of Kcpulili tans aml Vmcrhmis.
Hoik John Minor llotls, tbe great Oppos.tion
lender in old Virginia, has been recently waited
on iu New York l.y the Executive Whig Commit
tee, and bis views solicited as to the best piau to
overthrow the Democracy. Wo publish below
his reply, where, it will be seen, he boldly pro
claim* his policy loi the Opposition South. An
old recognized leader of the Whig and American
pul lies, lie has a right to speak tor them, and
luo opinions ure entitled to weight. Although a
slave-owner, and living aL the South, bo is vvil
ling to strike bauds with the enemies of our 111
Ktiiulionstug.it thuspoil* of office, lie is mix
tout for the Ouitlitioll, uud will sell the South for
u mess of pottage !
opposition men of the South, see where your
I leader i* carrying you ! See ln*w he degrades
you to accomplish Ins foul purpose ! Unite with
the Hupuhlir.uno ! Read the letter :
Mr. Boris’ Krim.v. Mr. Holts in reply thank
ed the gcollciiitMi *>f the committee, and through
tin rii the body they represented, for tlm courtesy
xtended bill) iu paying their welcome visit. They
1 represented an organization nf men holding to
! principles of which h* had been a stendfastdoiitii
-1 der on all occasion* principles eminently just,
! true and patriotic, lie agreed with the commit tm
j that, the Democratic party had too long held the
! reins of government, ami that the sooner it was
i overthrown the (letter for (lie country at Urge.—
1 11 order to defeat them at the ensuing Presides
tin 1 election, however, it wiih necessary (but all
| sh nice of the Opposition should be cordially uni
ted, having in view only the great object, lliat ol
rooting out. corruption, and the inauguration of
1 anew order offniugsaa regarded the govern
ment o( the republic. To unite the Opposition,
was, in his opinion, no very difficult tnsk; not to.
difficult, at least, imt that 11 union could mid
would be effected with the majority of t.be people
in favor of the overthrow ( .f the administration;
union difficulties wore easily to be settled, and
cordial co-operation, North and South aucurod.-
Tbis was, lie believed, earnestly desired by all
the element* of the Opposition. He had often
heard that the Republican party, or members of
it, were unwilling to relinquish their distinctive
name. This looked rather more like fighting for
name thuu the great principles at stake. Rut
even tin; name of each party might be preserved,
and the battle fought and won. l'h# English and
French united their forces lu the Crimean war.
and were called the Allied Army, but they wen
no leas Kuglish and French. The French and
Sardinians in the war just over, also formed an
other allied army, joined together for one object
the overthrow of Austrian rule. Republicans,
Whig* and Americans were till anxious to over
throw the Democracy, and they could just as
| well form ;m allied party as tin warring parties
in Europe did an army, He looked, however,
upon tin; word “Opposition” as being the morn
proper, though “a rose by any other iihiiio would
Hindi as sweet.” Opposition was more suggestive
—it. nj.oatit precisely what it said; though lor the
time being the parties could he called allies, or
whatever they chose. After the battle had been
fought, they could, if desirable, return to their
old names and await anew call sos Union. Much
Imd been said us to how this union could b*>
! brought about. There were v arious ways, the
| most acceptable one belli . in his opinion, to get
I the Whig, Republican and American mem bars of
the next Home of Represent,Rives to unite iu a
j call lor a convention of all opposed to Dcmocra
tie misrule, to meet at such u place us should
be designated, for the purpose of nominating
candidates lo he supported by the people against
those to be supported by the Democracy. This
wu* the simplest inode uud probably the one to
bo adopted if any was. Or the Convention of the
I various parties could moet separately and then
j effect a union,one sideuaiuing a man which the
i other should endorse. The gn at object should
j In-kept in view, and never out of sight, lie did
I not consider it at all indicative of success to rttn
a third candidate,uud he hop >1 (here would be 10.
necessity for it. As regarded himself, he had
but little to say. Ho was what Ue had always
been- -rational and conservative, regarding tbe
constitution as the great suf*'guard of our coun
try, and as something to be implicitly obeyed. It
was pretty generally known where he stopped
and what sentiments be Held Nothing hadoe
<-urred to change them, and nothing would. He
was conservative Whig, and was much gratified
at the visit paid him by men of the same stamp.
Senator Iverson and the Opposition
The Columbus Times of last, Friday contains a
correspondence between I). A. Vas n. hsip, of
Albany, and Senator Iverson. Mr. Vus-.i.,;*
behalf of “a number <-f tin members of tbe Op*
I o it ion Party of tlo( rgia,” under plea that a
purpose is “manifested by prominent men oflii or
gia, to bring our people to tho support of Ste| hen
A. Douglas for tho Presidency in 1800,” and to
“immolate you (Mr. Iverson) und everv loyal son
0 the South,” and that there is “good reason to
bdleve thatOov. Brown is in the lending strings
~f the prouiiofifit | mradii* alluded to,” Invites him
Mt come over to Akin, Marceltiix Douglass, tue
opposition party and platform ill of which Sen
aor Iverson very respectfully, properly, ami
wisely, declines to do. Lot us wait f..r a cooling
frost on this wonderful Southern Rights ardor of
the Opposition, and wu will then wager you a
butchd against a hobnail.—
1. That your Southern Rights Opposition will
practically repudiate “Congressional protection,”
by supporting a candidate for tho Presidency op
posed to It.
2. That you will lUp port a candidate for the
Presidency in favor of Constitutional prohibition,
or on the squatter lOTtreignty platform of Doug
las.
COLlMill's, THIRSUAY. HKPTKMIIEK Tl.
tiovernnr Rrutvn and h!x Assailants, and the Celt
bated Hank Letter.
Wc huve witnessed many political contest*,
and have scon falsehoods raised and abuse luv
tobod upon candidates for office, but wo do not re
collect ever before to have seen so many base
less fabrications used, and so much personal
abuse ami vindictive aspersions heaped upon any
one mini, as wo have lately seen coming from the
“Opposition” in rtdation to Governor Brown.
A few month* ago. when it was thought advis
able not to rutui candidate against Gov. Brown,
tlu-re wore none, in the estimation of many of
the | pposition, who had made a better
Governor. Tho Southern Recorder, Journal A
Messenger, Columbus Enquirer, Sumter Repub
lican, Atlanta American, and other opposition
papers, were quite complimantry in their remarks
about the Governor, and all, with one accord,
volunteered to acknowledge him tube an lioneflt
man, and all gave him credit especially for his
excellent ami economical management of the
,State Road. And, in the whole length and
breadth of the State, there was not a voice raised
against him anywhere, save about Atlanta, ami
on tho State Road, where Gov. Brown, in carry
ing out his economical administration of tho
Road, found it necessary to make many remov
als from office, abolish many unneoMeary office*,
ami dispensing with unnecessary and useless work
on the Road. In that section of the Stale there ha*
been a warfare upon Gov. lirowu, by disappoin
ted and discontented Democrats, for cuusun above
stated, ever since January 1858, at which time
Dr. Lewis took hold of the Road; and this war
fare, in many instances, has been of bo personal
and vindictive a character, that even the most
hitter of, the opposition refused to notice or copy
tlioir assault* aud complaints. Rut presto
change! No sooner does the Opposition nomi
nate a candidate for Governor, than the fiood
gutes of falsehood ami detraction are uguin rais
ed—tho Opposition press on masse huve taken
part in the same, and the result is Gov. Brown
ha* been aud is being the best abused mail in
the State.
One of the boldest and ami most reckless as
sault* that have boeu made against Gov. Brown,
hu* been in relution to hi* course toward* the
Rank*. Jh cause, when written to by Rank offi
cers. lie did not ditrey It id the common conrletiet
of lift and refute to write to them, be has been
charged with a disposition to make term* with
them. IDs letters haw been most falsely repre
sented, and when they are published, and the
falsehood*, are clearly exhibited by their pcru*al,
the Opposition press refused to retract, and many
of them even refuse to publish the letter upon
which they profess to rest their charge. The
Rome Ui'iiricr and Atlanta American, first charg
ed Gov. Brown with colluding with the Banks,
and of advithff them how they could wade tlm
law of the last Legislature. And they professed
to found their charge upon a letter written to
Col. Solomon Cohen of Savannah, (copies of
which having been sent to other Bank ofliuerH,
who had written to Gov. R. upon the subject.— )
When the charge wa* first made. Gov. Brown
authorized the Atlanta Intelligencer to pronounce
it an unmitiyuted faltehood —and the Intelligen
cer called upon the American to publish the let
ter, which the editor said he had iu his posses
sion. The “American” editor declined to do so,
when Gov. Brown sent a copy so tho Intelligen
cer. which wa* published ten or twelve days ago.
We gave in our Tuesday’s issue, Gov. Brown’*
note to tho Intelligencer accompanying the letter,
and to-day wo give the letter itself. We desire
all of our reader <*, Bank men and nnti-Bauk men,
to read this letter carefully, and let them an. wer
and say if there i* anything objectionable in it,
—nay more, wc would o*k if Ui* not just such a
letter a* the Governor ought to have written un
der the oircumstttuces. It not being hi* duty, as
Governor, to construe the Bauk law lor others,
lie piniuly says so, but. supposing thut his indi
vidual opinion i* also asked for, hn gives it with
that freedom which belongs to honesty and sim
plicity. Aud is there a word *aid, or an opinion
expressed which is wrong, or which ought not to
have been said. Let the honest heart answer.—
Nay more, doet it not nail to the counter the
haaelett c.harye made by the Rome Courier und
Atlanta American, und and hold up thete editore
a* reckleet abuttre of Clov. Dr’ wn? We cannot
but think it does. Then read the letter.
But this is not all. There it another letter
connected with this subject, and written to the
tame Haul: twenty days alter this letter to Mr.
Cohen, which we will publish to-morrow. If
rhere be the toast shade of doubt after reading the
Cohen letter, resting upon the minds of any a* to
Gov. Brown's course towards the Ranks, this let
ter ol Governor Brow of the 12th January,
IK.VJ, written to Mr. Teftt, the Cashier of the
sumo Bank, louve* n room for doubt. It will
be seen that so far from Gov. Brown coiiiiteuun
• ing, In tho slightest degree, an evasion of the
law, that he held that Bunk, and all others tea
strict compliance wit the law. it will be seen by
to.tli totters, that while Governor Brown was not
disposed to make a spiteful or unnecessary and
vindictive war upon the Bank*, still he was de
termined to make them comply with tho plain
and common sense intcrpretaiion of the law, and
he ussurcs them if they do not do so, that they
must suffer the penalty.
From the Atlanta Intelligencer.
lUouuiiunioatud.]
Canton, Sept. 7th, 1H69.
Editore of the Intelligencer:
Borne days since my attention was culled to tin
urticie in the Rome Uourier, which charged, that
I informed the Hanks of this Htate, of a plan by
which they could evade tbe law m making their
returus, which plan was “that the officers should
make out their returns one day, and then do no
banking business until the uext duy after they
had sworn to their statement. Now they weru
to swear they had not violated the law, since
making their last statement, and he (the Covent
or,) tells them, to regard the etattinc.nl made the
dug before, ns their last statement, and thus
,-rade the latter of the law/’ This charge I tiu
thorix i you, and others, to pronounce uii uutniti
gated fuleehaod. Since that time, I have soeh a
<-upy >f the “Nalioual American” the .‘hi inst., in
which the editor quotes the above charge, from
the “Courier,” aud says : “This charge has not
liecii domed by (iov. Brown, any of the papers
iu liis interest. Reason -they dared not do it
The fact absolutely exists.” The statement is
not more false and reckless, than many olheis,
which the public are accustomed to see in tbe
‘American,’and a few Opposition papers, belong
lag to the tame claee. With how much regard
tor the truth, the editor of the ‘A inert ami,’ stated
that the facts as charged by the‘Courier,* “6
eolutelg ej-iete,” l leave the public to judge, when
the facts as they do ej-iet, are made known. Tho
editor, when be made the charge, stated that he
hod in possession a copy of a letter, written by mo
in reply to “on<r from a Batik Officer,” who u.-k
----od my opinion on two poiuU, growing out of the
Hank Act of IH!>7 and IH.'iH, that the letter was
private and confide.dial, Ac. The editor, doubt
less refers to a letter written by me, to Col Kolo*
hi on Cohen, of Huvuimnh, who was elected by the
Legislature, t<> the position of Director, in the
Bank of the Htate, to represent the .State's Block,
iu that Bunk.
Col. Cohen, is a gentleman of high character,
and has been for years, my personal friend.
There were some doubts on bis tnlnd, as to the
true construction of tbe acts of 1H67 and
And us the Btale’s Director in the Bank of the
•■dale, he asked uy opinion ns to the true con
struction of these acts, on the two points discus
sed In the letter, which I wrote in reply. When
I received CoL Cohen’s letter,courtesy as wallas
friendship, existing between us, required that I
should reply to it. I did not however eonslder,
that U was strictly a part us wy oAoiai duty, to
put a const met.on upon tlmsu Statutes. It wa
only my duty to see that they were obeyed, and
that the returns sent by the Bank officers to th<
Executive Department, conformed by tho law.-
The Executive lias not jurisdiotiou to determim
whether the returns, us made by the Bank officers
are true. The Statute prescribes the penalty in
case they are false, and gives the Courts jurisdic
tion of the ease, and it i* tho duty of courts, when
a proper case is made to construe the Statutes.
A* my opinion was not therefore uu official opin
ion, and was not authoritative, hut wa* only inv
opinion as an individual,given to a personal friend,
1 did not desire to iiitike it the Hiihject of news
paper comment and misrepresentation. Hence
the letter was marked .'confidential. Col. Cohen,
in his totter, had asked permission to show my
reply, to u few friends. This permission wasgiv
on. After my letter hid been scut to CoL Cohen,
some two or three Bauk officers connected with
other Banks, aud ono or two friends, not Bank
officers, addressed letters to me, asking my opin
ion a* to the true construction of these Statutes.
In reply, 1 refused to put au official construction
Upon them, because it wa* not an official duty.—
I,however, sent to uaoh, a copy of my letter to
Col. Cohen, us uiy individual opiniou.
I gave neither the right to publish, for the reas
ons already stated. I presume sumo one of these
last named Rank officers, in hi* great anxiety to
injure me, has fut u tolled the Editor of the “Amer
ican” with a copy ofthe latter, in tho hope* that
he might be able to use it to my disadvantage.—
A* the editor has taken the liberty to comment
and grossly misrepresent its contents, and to af
firm with a copy ofthe letter before him that tho
facta absolutely exist a* charged by the “C urier,”
without having the magnanimity to publish the
loiter and let it speak for itself. I kero*ith in
close you a copy of it ami request you to lay it
before your reuders. who will judge with how
uiuoh truth the statement i* made. The opinions
expressed in the letter are the opinion* which 1
still entertain a* to tho true construction of these
statues, and 1 doubt not l urn sustained in those
opinions by a largo majority of the legal profes
sion, ami ofthe intelligent citizen* of Georgia.
My offence consists therefore in thia, thut l
gave to Col. Cohen, a correct opinion, as to the
meaning of the law with the form of an affidavit,
which 1 would receive, which in in the very lan
guage of tho Statute, accompanied by a positive
assertion that 1 would ‘*u*o all tho power vested
in we bv the Constitution, and law* of tho State,
to force oliedience” if the Ranks refuse to obey
tho law.
I have only to add that neither my letter to
Col. Cohen, uor any other letter public or private,
written by me, ha* at any time suggested *i ny
plan to any bunk officer, or any other person, by
which the law on the subject of Rank returns,
bus been, or may l>e evaded. I have uniformly
required and shall continue to require, the wealth
iest Rank or other corporation, to obey the law as
promptly and implicitly a* the poorest and hum
blest citizen ofthe State. I believe the true doc
trine of our government to be equal rights to all,
exclusive priviligeH to none.
I am, very respectfully.
Your ob’t servant,
JOSEPH E. RROWN.
Exbcctivb Dei*artmkvt, )
Mi (ledge villc, Dee. 24th, 1858. J
Dear Sir: On tny return from a visit to tho
officers ofthe W. A A. Railroad, I find vour let
tor in which you ask my opiniou on two points
growing out of the Rank Acte of 1857 and 1858.
You btaie that you do not desire it for publica
tion, but for your own satisfaction a* h Director
of the Rank ofthe State, Ac., with privil „o to
to show it to a few friends. As you arc awe ro it
to uo part of my duty to construe the Ih\v> l<,rthe
Rank*. It to only my duty to see that they are
executed. Tt to not for me to say what is ;t vio
lation of the act of 1857 (for the passage of which
Lam not n sponsible.) The statute has proscrib
ed the oath to be taken by Hunk officer*. It to
my duty to examine the returns and see whether
tho officers have taken tho oath prescribed by the
statute. If they have not. it is then uiy duty to
enforce the penalty prescribed for non-compliance
with tho law. When the oath is in proper form,
l have no further concern with the mutter. If
any one alleges that the officers huve not sworn
truly, then the courts are open for the determin
ation of that question. Should proper proceed
ings be instituted under the 12th section of the
act of 1857, it would then become the duty of
the court to construe the statute, and say wheth
er the proof showed it had been violated.
Asa personal friend, however, and not a public
officer, I will give you my opinion on the two
points mentioned in your letter, which is not de
signed for publication, hut which you arc at lib
erty to show friend* us are interested,
provided you do it in such manner that the opin
ion shall not become the subject of newspaper
comment.
Your first question i*. “Can a Bank purchase
exchange on New York, for instance, at n greater
rate thun seven per cent?” As for example, you
say a sight bill on New Y'ork is iiHualiy tuken
at from 1-4 to 8-8 off, which is about wbat it
would cost, to bring the auiount’of the bill from
New York tothisplaoe.
To this I reply that, in my opinion, the object
of the act of 1867 was to prevent the Banks from
taking usurious interest under the pretext of
buying and selling exchange, and not to oripple
them in the transaction of ordinary legitimate
banking business. It is said, the form of u bill
of exchange and charge of premium, Ac., was
often resorted to in transactions intended u*
loans, to evade under this pretext, tho penalties
of taking usury, and that they would not dis
eount good paper at seven per cent., whilo they
could get more by resorting to a pretended bill of
exchange. The statute wmh doubtless intended
to prohibit all this kind of usurious sp< dilation.
In the case you *upposc, tbe planter nvty have
due him in New York, for cotton, 81,000. He
does not wish to use it there, but does wish to
use it in Savannah, il will cost him, say one
fourth percent, to have bis money brought from
New York to Savannah by Express; your bank
may wish to use funds in New York; you there
fore cash the planter’s draft, discounting tbe sum
which it would oost him to get bis money from
New York.
This, in my opinion is a legitimate transaction,
uud is mi violation of the act of 1867. \t how
ever, the bank discounts tbe dra.t in tho case
supposed, at more than usual exchange between a
the two points. £ think it vi dates the statute
By examination it will be seen that the lth sec
tion of the act of 1867, authorises the talc . t ex
change by the banks at a premium which must
not exceed one percei t. (except in ot lor -
eigu exchange) upon tho amouiit. The object,
I presume, was to permit tbe hanks to buy or
sell exchange in a legitimate course of business
at such discount or premium as the exchange is
actually worth, but not to allow them to specu
late in exchange at a greater discount or premi
um than it* true market value, nor to allow them
to take usury on a transaction 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 Ueorgia. And in order to make it the in
tcrest of the bank to do a regular -discounting
business, and iu return for its chartered privi
luges, to accommodate the citizens of (ieorgiu with
regular loans upon good paper at seven per
cent, tbe 17th section of tho act of 1857 pruh.b ! s
any hank from sei dog any portion of its capital
out of this State for the purpose of buying notes
of cny kiud. This Idoic t suppose was intend
ed to prohibit our banks from buying drafts on
produce in any other State, at the usual rales, if
the transaction is a legitimate one in afuir course
of business, and uot intended us a note shaving
speculation. Much depsuds iu each case upon
the good faith of the transaction, and the question
is, was it a fair business transaction ; or was it u
usurious speculation ? If the former, I should
think the statute was not violated, if the latter,
it was violated.
In reply to your second question, I have to
statu tliiit it is, iu my opinion the duty of every
hunk iu Ueorgia to make its return us directed in
the act of lb£7, by or before tbe Ist day of Janu
nry IB6W, and ill easy of failure or refusal so to do
the two per cent, a month begins to run under
the act of 1 Itii Dec. 1868 It does not tin re fore ’
matter whether my call hears date before orsince
the pussage of tbe act of 11th Dec. 1868. The ne t
of 1868, provides, however, that no execution
from issuing, by making their returns prior to Ist
July IH6U, rotating back to Ist Jnuuury 186 U.
Whether this means that they should swear that
they have not violated the act of 1867, since Ist
January IB6U, or that they have not violated it at
all,and that their returus made utter Ist January
shall show their condition on the first day of Jan
uary, is not very clear.
If the Statute is construed to mean that the
Bank officers shall all swear in making their re
turns after Ist January, 1869, tn tho condition ol
the Bunk, on the Ist duy of January, and shall
further swear that they have not violated tho stat
ute of 1857, (at any time,) i( may not be possible
for •< me of them over to make their return, us
it is qu.u* probable some of them have already
violated the statute of 1867.
My oblect la to act upon a reasonable construc
t'd of the Aetof 1868, such construction as will
enable every Bauli offloty in Georgia, who 1r wil-
PEYTONH. COLQUiTT,
JAMES W. WARREN, ( E < to r
Number 39
ling to obey the Act of 1K57 rather than pay tho
penalties ol the Act of 1868, to tnako the return
required.
1 presume it was not the intention of the Leg
islature, to require impossibilities under penal
ties.
1 suppose therefore, it was the intention to re
quire o| Rank officer* who bad violated the act of
1867, to pay heavier penalties if they ayain vio
lated it. I shall tborumre act upon the oonstruo
tion of tho statute which will allow to every hank
an opportunity in in tun, to obey tho law, and in
• aso of refusal to do so, 1 shall use all the power
vested in mo by the constitution and laws of the
Blate, to enforce obedience. 1 shall hold that a
return made in the following form is a compliance
with the statute.
.STATE of GEORGIA, ) Personal by appenr-
County. J ed before me A. B.
President, and C. D. Cashier of the Bank ol
who being duly sworn, say (hut the Rank
of which they are officers, hat not by itself, its offi
cers or agents, ii. any parti mlar, violated the pro
. toil ms of the Act passed 22ml December, 1857,
entitled “An act to provide against tho forfeiture
-if the several Bank Charters in this State, on uu
count ot non specie payment for a given time,and
lor other purposes therein named,” sinoe the pas
sage of tho Act, assented to 11th Dee. 1858: and
that the above alutouMtit of the condition of said
Bank, at the last weekly meeting ofthe Directors
prim- to tho late call ofthe Governor ofthis State,
is true; all of which deponent* depose, and swear
to bo true, to tho best of their knowledge and bo
lief.
Hworn to and Subscribed this day of
- . J. I>.
Probably J have gone more into detail than you
desired me to do. Adi position to gratify a friend
to my apology if any be necessary.
I am very Respectfully.
Your oo*| Servant,
JOSEPH K. BROWN.
Hon. Soi.omon Corks, Savannah.
Another Hunk Li tter from (tor. Brown.
D Will be remembered (eays the Federal Union)
that Col. Cohen, to whom the ab- vo letter [tho
letter ~i iue 24 th of Dec, publ toued in yo* tor day ‘*
i-sie j v\ is adUroc od, was a Director of the Bank
of this .'•mtc. The Governor, ms the Hth of Do
eeiuber. I’ .s, toniicd bto proclamation calling on
ihe Ranks to make their returns. The law al
lowed them thirty day. to obey the call. Before
the expiration of tho time, the Rank ofthe State
seut up its return in the old form, still refusing
to comply with the statute of 1857. The officers
took the pciqtion, that they wore not bound to
take the outh under this call, us if had been made
prior to the pu.-suge of the Act of the 11th of
December, 1858, which increased the penalty.—
The Governor, as will be seen by his letter to
Col. Cohen, overruled this view of the ease, and
required the Bank i>i make the return under that
call. The Rank refused. The Governor then, at
the end of tho 30 days, issued his proclamation
publishing th, mum * of tho Ranke which were
still, iu do limit. (the Rank of the Slate among the
tbu rest,) excluding their bills from tho Treasury.
1 In* was all tho penalty that be . then had the
right to impose, s the Act of 1859 wa? not yet
operative. Hoon utter this proclamation, Mr.
Tcfl'U the Cashier of the Rank of the State, wroto
the Governor to kuow if tho return scut up by
Presid.-ntPorter had been received, aud if so, if
it wa* not satisfactory. Ac., and desiring to know
by what i. ii tin yfn imposed the penalty. To
this tot tor, the Governor replied on tho l?tb of
JnnuKiy. The reply does not look much like a
bow the lav, could 1b evaded. IVith
iu a lew d.i.Vfufter it wm wiitt. ii, the officer* of
the Rank ot the State eut up their return sworn
t > aud in strict conformity to the statute. As the
American and a few other slander hunters arc
very doMiiou* to examine all Gov. Brown’s cor
respondence, public a.td private, we give below a
copy ol hi* loiter to Mr. Telit, ami ask the >ppo
sitmn pres* to Jo Gov. Brown the justice to pub-
Fn-h it. and tot the -leoplesay whether he has fail
od to hold the Ranks up to tho requirements of
tliehivv. Thir was no private letter. Why did
they m i hunt it up ami publish it long since ?
Like tho letter to Col. < alien, it. is a bold, truth
ful document. These letters show that the Gov-
rnor wo* making no bpitefui war upon the Ranks
as their organs charged. Although tho must of
them were hi* enemies, he pul. a reasonable, con
struetmn upon the Act, so that all could obey It
who desired to do so. losuch as refused “obe
dience he spoke in bold language and doclarud
he would use nil the power he possessed to force
obedience. Rut we prolbr that the totter speak
lor itself. Here(t to:
Exm ITIVE Db FART ME NT, I
Mil ledge vill.. urn., Jan. Lith, Ibotf. j
Hear Sir: lu reply to your letter of the 10th
inst.. I have to state that the letter of Mr. Porter,
tbe President of the Bank of the State ofHeorgia,
dated the 22d of Duceuibcr, last, accompanying
tbe so-called return of tbe Rank, was duly re
ceived at this office. You desire to know if it
was satisfactory. To this, I reply, that the action
“I the officers of the Bank was not satisfactory,
lor the simple reason that they did uut obey the
law, and make the return as directed by the ex
press language of tbe .Statute of the Ptate.
I consider tbe course of no bank satisfactory
which sets itself up in defiance of tbe law,or will
fully neglects to obey its inundates. I make no
war upon capital; but I sbuil continue to insist,
that banks and other corporations, as well as in
dividuals, render implicit obedience to tbe re
quirements of the law, or suffer its penalties.—
The bank of tbe Mate, no more than tbe hum
blest citizen of the State, can be an exception to
this rule. Ours i a Government of equality, in
which no one, however high, is above the law,
and no one, however low, is beneath its protec
tion.
When I insued my proclamation of the fith of
December last, calling 011 tbe banks of this (state
to make tbeir returns to this office, as the Hint
tttos required, tb.* lltli section of the Act of 1837,
prescribing tbe form of the oath to be taken by
bank ©flic* r . in making their returns, was, and
still is, of full force, together with other acts,
which prescribe what the returns shall contain,
uud the penally to be iu dieted upon such delin
quent bunk ~n fail to obey the law. At that
tuna the only penalty was, that the names of the
delinquent hanks be published, and tbat their
bills he excluded from the Treasury of this (State
in payment ni ouy debt due the Slate, Ac. (The
bank of tlie State of Georgia, having, with others,
‘ laih’d and refused to make it* return accompanied
btthe oath pr-nribod by the I It.h .Section of the
Act ol iHI,, within tbe time limited by tbe Stat
ute*, incurred ihig penalty, wbicb l have impos
ed upon it by iny proclamation of the 7th in
stant.
On the lltli day of Decemlier, 1858, the Legis
lature passed another statute to impose addition
al. penalties on the banks of this State, “so as U>
compel them to comply with the requisitions of
tbe Act of 1837.” This statute was paosed on
account ul the refusal of most of the banks of
tbis State. Mho bank of the State of Georgia am
ong the I*si,) to obey tho law. Ihis statute gives
tbe l> oiks till Ist January, ISbW, to mak** their
returns, aeoompot,:<l by o/fidawitt, in terms of
the ntatule of j 867. lit ease of refusal by any
bank to make its return as directed, by Ist Jan
uary, 183 V, tbe K'uiutc imposes an additional
penally of two per cent per month, 011 its capital
stock, mm that lime; to be levied uud collected
by ex* * ml*.n from the office of tho Comptroller
General, with a pro iso staying execution till Ist
July mkt, and declaring that the bank may, in
tbe mean time, prevent tho issuing of execution,
by making it regular annual uud semi ai nutl re
turns. Ac. 1 have, as abovo remarked, m,*nse<i
upon the Rank .if the State of Georgia, and oth
er delinquent banks, only the penalty winch the
law prescribed, previous to the passage of tbe
Act of 11th D< > v mber. 1838. As the Ist day of
January IB.VJ, it now passed, and the bank is
still delinquent, the addition.,l penalty of two
percent p. 1 month upon its Capital (stock is now
limning against it. Execution is stayed, by the
proviso in the statute, till tho I*l July next.—
-hottl.l the bunk continue to disobey the law, and
remain delinquent till that date, I rhull order
execution to >ue immediately agaiurt it for tho
tax of two percent per month on Its capital block
from I t January to first July, And in case of
* djitinned db-010 <ticnee to, and disregard of law,
I shall, after I * July next, order execution t 1 is
sue monthly for the tax. so loag as tha I*.ink re
mains doLuquotit. This is made my duty by the
2d Fccliuti of the Aetoi lltli December, 1858,
] am happy to shv that most of t lie solvent bonltff
of this State, which bad heretofore refused to
obey the law, hove since the passage of the Act
of ilth Dec. 1848. in*-reusing the puualties for
disobedience, made their returns accompanied by
tbe affidavits required by tho statute of 1847. I
regret that the Rank of the Etnte of Georgia
diould rout 11 in tin exception to this rule, and au
example of disobedience and delinquency. I
Hill
Very respectfully, your ob’t serr’t,
JOSEPH E. BROWN.
1. K. Teffl, Csthi r Rank State of Georgia,
Crawford Dkm. Nominations.—Charles H.
Walker, Ksq. bus been u< minuted for the Senate,
iu Crawford county, by th > Democratic party,
and Leroy 1(. lilcks for tb House. This is 1
gogd ticket,