Tri-weekly chronicle & sentinel. (Augusta, Ga.) 1838-1877, December 19, 1839, Image 1

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BErt- lUccWh ffljremifk&Scnttad. WILLIAM E. JONES & Co. AUGUSTA, Ga. THURSDAY MORNING, DECEMBER 19, 1839. VoI.III No. 150 the chronicle and sentinel PUBLISHED, I) iILY, TRI-WEEKLY, AND WEEKLY, At No. Broad-street. terms: Pail] paper. Ten Dollars per annum, in advance. fli.lVeekly paper, at Six Dollars in advance or ; Sjven at the end of the year. Weikly paper, Three Dollarsin advance,or Four at the end of year. CHRONICLE AND SENTINEL. AUGUSTA. WEDNESDAY MORNING, DECEMBER IS. Some sensation was created in this city yester day, by the circulation of a report, that the Hank of Augusta had refused any longer to receive the hills of any of the interior Banks. Upon enquiry into the matter, we ascertain the facts to be, that the Augusta Bank has resolved no longer to receive on Deposile, the bills of any banks, except those of this city, Savannah and all the Banks of South Carolina, except George town and Cheraw ; but it stills receives in pay merit the bills of all Banks, which it has hereto fore received. A new paper is about to be started at Milton, Rutherford county, Tennessee, to be called the “Whisket Barrel.” Its object is to advocate the repeal of all laws winch throw any obstacles in the way of success of grogshops and the means of intoxication ! Messrs. Wesley Roberts & Co, its proprietors are engaged in a. glorious cause ! The inestimable right to get drunk will no doubt be ably vindicated. The Editors can probably get some subscribers in Georgia, especially “down on big Sandy.” We are glad however to add that the citizens of Milton held a public meeting and denounced in warm and appropriate terms the intended publication, and sent a copy of their proceedings to the publishers. We are happy to learn (says the N. Y. Cour • island Enquirer of the 12th inst., in aposcript) by the steamboat from Albany, arrived this morn ing, that no collision had taken place between the misguided individuals on the Rensselaer Manor, and the troops sent out to enforce the legal pro cess. The volunteer corps had returned to the city. The proclamation of the Governor had been attended with the best effect, and a delega- Ition from the people of the Manor to him had ar rived in Albany, for the purpose of settling the terms of their submission. No doubt existed in Albany, that the whole affair would be adjusted without any extraordinary intervention. The letter from the Correspondent of the ' Charleston Courier which we publish below, gives but a meagre account of the proceedings ol Con gress as reported at length in the National Intelli gencer. The House did not adjourn on Friday night until 12 o’clock; the Van Buren party ur ging the election of a Speaker, and the other par ty resisting it. The Administration party are strong enough to keep the Whigs of New Jersey from their seals, but have not conscience enough to put in their own partisans, thereby determining that New Jersey shall have no voice in the elec tion ofSpeaker. We think that if Mr. Garland, the Clerk, has any sense of shame, when he sees the consequences of his refusal to do his proper d u ty, he should never show his face among honora ble men. His refusal to call the names of the com missioned members from New Jersey has been the cause of all the trouble. He took upon him seff to decide that the name of one gentleman hold ing the commission of the Governor should be called, but that five others who held similar com missions should not. Correspondence of the Charleston Courier. Washington, December 13, 1839. There is no longer the least prospect of a speedy organization. In the present state of the question, and in the present disposition of the House, an organization is about as remote as that political milenium, in which politicians are to act in reference to public duly, instead of party ob ligations. Mr. Rhett, last evening, opened a new field of argument in the Jersey case, and opposed the views and proposition of Mr. Pickens. I did not understand, precisely, in the midst of the noise in the House, what course he proposed to puisue, but his course of remark seems to have disappointed the Administration men, and en couraged the Whigs. Mr. Dixon H. Lewis,im mediately moved to reconsider Mr. Rhett’s reso lution (i.e. the second part of it) and gave no tice that he should press the motion, in case Mr. Pickcn-’ motion should fail. He stated that he would not go beyond the consideration of the question of lift returns, prior to the organization of the House. Mr. t habb of Alabama moved a reconsideration of the vote by which a commit . tec was ordered to be appointed, with notice that he should press it, in case Mr. Lewis’ motion prevailed. So we arc at sea again. There are to be, in the first place, long debates on the mo lions to instruct the Committee. There is not much chance for the passage of Mr. Pickens’ L* motion, and it is to be regretted, isasmuch as that is the only apparent mode by which the House can be soon exliicatcd from its embar ment. The Senate is idle, and must remain so, till the House be organized. A few Executive Mes sages have been scot by the President to the Sen ate. and acted upon, and notices of bills and reso lutions, intended to be presented, are occasional ly offered. 4 o’clock, p. m. Ths House occupied nearly the whole day in amending the Journal of yesterday. Mr. Wise then took the floor, to speak against Mr. Pickens’ proposition, but he yielded it to Mr. Crabh, on whose motion, the resolution ofyesterduy, appoin ting a Committee was reconsidered by common consent. Mr Wise, then, by common consent, in order to put an end to all further trouble in the mailer, brought forward a resolution providing that the five Whig members are entitled to iheir seals. It was understood that the resolution was to decide the question as to the right of the com- missioned members, and the Democrats clui- i mod that it superceded Mr. Rhetl’s reso- . lulion. The resolution of Mr. Wise was lost, yeas, 117, nays 117—two Whigs absent, and one vacancy, Mr. Rhett voted in the affirmative, and so did Messrs. Shepard, and R. M. J. Hun ter. Mr. Smith of Maine moved to go into the election ofSpeaker. Mr. Wise protested against i|, as a breach of faith, and of order, as Mr. Rhett’s j resolution was still in force. Mr. Adams decided that the resolution was in order. They are now taking the yeas and nays on the adjournment. The New Jersey members, it must lie recollect ed, did not vote on the question to-day. I think the adjournment will prevail. The Charleston Courier of yesterday says— “ From a passengor in the Brunswick and Flo rida line, we learn that a duel was fought, near Tallahassee, on Thursday evening, the 12lh inst., between Gen. L. Read and Col. Augustus Alston, in which Col. A. was killed. The weapons were rifles—distance 20 paces. Col. Alston was shot through the heart at the first fire. “The difficulty which occasioned this fatal affair, originated during a political contest, and has been the cause of much excitement for seve « rat weeks past.” The Philadelphia American notices a report that G. M. Dallas, of Pennsylvania, late Minis ter to Russia, is to succeed Mr. Grundy in the office of Attorney General, The Now York correspondent of the National Intelligencer says:—The packet ships Indepen dence and Toronto sailed yesterday, the former having SBO,OOO, and the latter $106,000 in spe cie. The Sully, for Havre, takes out $50,000. It is very probable that the Liverpool will take out a large sum, but this is not yet clear. The reader will perceive, from the account of yesterday’s proceedings in the House of Repre sentatives, that, by the closest vote it is possible to conceive of, the five Members from New Jer sey who hold the regular evidence of their elec tion, under the hands of the Governor and Coun cil, have been refused the right to vote in the or ganization of the House. The yeas and nays on Mr. Wise’s motion to admit them to vote were equally divided, (117 of each,) and thus the question was lost. The absentees were but two, Mr. Kempshall (not yet arrived) and Mr. Hawes (unfortunately too much indisposed to attend the H mse.) Had those two Members been present, the New Jersey Members would have been ad mitted to the rights and privileges of other Mem bers of the House by a majority of two voles. After the above decision, a motion was made to proceed forwith to the election of Speaker; hut that motion was not decided at 12 o’clock, when the House adjourned—the intervening hours being consumed in debate, and in trying various motions for adjournment, for reconsider ation, calls of the House, &c. —National Intelli gencer of the 14 th. Shipwreck. —The ship Arethusa, Capt. Ed ward Kinnard, of Portsmouth, N. H. from Liv erpool, was stranded early on the morning of Tuesday, qn Long Island beach, near Patchcau que. She is new, ot 522 tons, ard valued at $35,000. Herself and cargo are both insured. She had over 200 passengers, one of whom was drowned by the boat, which was going ashore, being capsized. At 2P.M. a line was brought from the ship to the shore by the long boat. The passengers and baggage, it is believed, will all be saved. The ship is a total loss—the cargo may be saved.— N. Y. Star, of the 12 th. The following article in relation to “Canadian affairs,” is from the Ogdensburg Times. If the opinions of that paper are well founded, the ap prehensions which have prevailed to a considera ble extent, of border difficulties this winlei, are not likely to he realized. “ Canadian Affairs. —Wcsee by the papeiu in various quarters, that border troubles and con tentions are looked for as one of the exciting themes for discussion during the winter. In this we suspect that the borderers will he disposed to disappoint them. So far as we arc informed eve ry thing is quiet on this side of the line, and no disposition exists, at any point, to interfere in the Canadian controversy. The new Governor seems to have commenced like a sensible man, and the advocates of responsible government ap pear lobe more bold and numerous, and will un doubtedly obtain alt the reforms they ask if they pursue a steady and correct course. Os this the lories on both sides of the line appear to be ap prehensive, and therefore circulate stories of the most preposterous character. The lories in Can ada are bent on a continuance of their yuecn [ducking, and their brethren of the Union are stu dying the creation of more “spoils” by an in crease of our standing army. Along this frontier, social and business inter course has been resumed, and a healthful state of feeling has succeeded the suspicious and restric ted intercourse oflast year. All our people now see the propriety of leaving the Canadians to manage their own affairs. Rkscmftion of Specie Raiments The Providence Journal of the 10th inst says :—Sev enteen out of the twenty-one hanks in this state have resolved to pay specie on all their liabilities, on and after Ibis day. The banks not represen ted at the meeting will, without doubt, we think, adopt the same course. Most of the country banks, we learn, have ex pressed their readiness to pay specie so soon as the hanks in the city should resume. A Singular Case. —A trial of an extraordin ary nature is about to lake place, in the New York Marine Court. The defendant, is Williams, the Oculist—the plaintiff is an unfortunate individual who, some years since lost the sight of one of his ryes, and the other partially failing him, he some months since put himself under charge of the defendant, the noted advertising Oculist to the King of the French, &c. &c. The plaintiff paid the defend ant $75 in advance, and demanding a receipt for the amount, the ‘doctor’ gave him an acknowledg ment for ‘his very lowest fee, (not however spe cifying the amount) for three months’attendance, medicine, &c. The poor man remained in j charge of the doctor nearly the three months, du- j ring”which he had so far recovered as not to be j able to see “day from night.” It is in this pitiful j condition that the wretched plaintiff comes into j court, and seeks to recover the money which he j has paid for the loss of hit vision. | Growth of Philadelphia. —The Philadel- ! phia North American of Tuesday, publishes a statement of the number of buildings which were { erected in that city during the present season. I b rom this, we learn that the whole number was 393, of which one was of six itorirs; 14 were of five stories; 86 of four stories; 228 of three stories: 54 of two stories, and 9of one story, j Giro building, a railroad depot, was a story and a j hall high. Among the edifices erected, were three churches, a building for the Academy of Natural Sciences, and a Hall for the Artists’ Fund Society. Mail Lost.—lnformation reached (ho Post Office ol this Borough, on Thursday, of the up setting ot the Mail Stage, between Pearce’s Bridge and Smithfield, on the night of the 3rd inst. The Stage remained under water until 12 mid-day of the fourth, when tho letters and pa pers were obtained—the papers will be lost, but it is believed the letters will be saved. The night of the 3rd is said to have been the moat incle rnent known in the town of Smithfield. The Suffolk Stage had not reached Smithfield ot the usual hour, and fears were entertained of its safe ty. We learn that one of the horses of the stage that upset, was drowned, and that the driver was within an ace of losing his life,— Norfolk Deacon. Suit against the Sureties of Mr. Gov erneur.— Ihe Ncw-V ork Dispatch says: — The case of the United States versus Tillotson, was heard in this city on Tuesday. The Govern ment obtained a judgment against Samuel L. Govcrneur for $29,006 75, and the present suit is brought to recover of Robert Tillotson, as his surely. Council for Mr. Tillotson contended that by the Post Office law, suits against sureties must be commenced within two years after the defalcation of the individual whom the surety is bound for, and that if no suit is commenced within that time, the surety is released. In the present case, Mr. Governeur’s defalcation com menced in the year 1829, and continued each con secutive quarter until his removal in 1836; and therefore it the Government recovers at all, it can only recover that portion of the amount of the defalcations which accrued during two years pre viously to the commencement of the suit against the post master in 1837, viz: about SII,OOO. Several witnesses were examined to prove the time and extent of Mr. Governcur’s defalcations, and the suit was not concluded when the Court adjourned. Mr. Governeur has filed a hill in Chancery against defendant in the above suit, in order to make him fork over $30,000 which Mr. G. had deposited with him as indemnity money. The balance of the present claim against Mr. Gover neur is hut about $20,000. A Crash.— Monday noon part of the back wall of the large six story building, corner of Broadway and Duan.e street, known us the Clar endon House, bulged out and fell into the yard attached to the house 306 Broadway with a thun dering crash. It appears that, in the fifth story was constructed a square brick cistern, of im mense size, one wall of which was also part of the back wall of the building- This cistern was lined with sliont lead, and, the ‘‘recent rains filling itto overflowing, the pressure of the water was too much for the wall, which carried away the lead linin as it fell. A section of the eastern wall still remains in a dangerous state, and should he looked to by the proper authorities, who ought also to ascertain whether the walls arc ot a law ful thickness, which we much doubt. The buil ding was erected, in the most approved style of contract work, for E. Bloomer. The present ow ner we do not know. —New York Despatch. Remarks of Mr. COOPER, of Georgia, upon the New Jersey Election question, in the House of Representatives, December 4th, 1839. Mr Cooper said, Reappeared ns a Representa tive from the Stale of Georgia ; and without in tending any disparagement to those who may have omitted to do as much, he presented in his hand, (or ths inspection ot the members of the Twenty' sixth Congress, now assembled from the several States, the evtdi riceot that character, which, until now, had been assumed amongst you li was a commission to which was affixed ihe great seal ot the Stale ol Georgia. sir, said Mr C. 1 rise for the purpose of making a lew statements, on which may arise several questions pertinent to the position of affairs here existing From these, inferences may he drawn hy which we may understand what relation the indi \iduuls now present bear to each oilier, and to Hie country. J shall be utile thereby to show the views 1 entertain of ihe powers of this unorganized mats ol individuals. He belt proud to realize, for the first time, the presence around him of the talented, distinguished, and worthy members, of the most august assem blage of legislators known to the world. Iris no other than a meeting oflhe Kepn senialivesnf the several Stales, (bribe purpose ol organizing the Twenty-sixth Congress, convened pursuant to a compact ol union entered into between the States Thai compact was the Constitution. He said the members ol Congress are here This statement, though doubtless true, was manifest only in part. What now, he asked, is our true condition? The persons present having called to their aid, by authoJity of precedent and usage, the Clerk of a tanner Congo es, by common consent agreed to pursue the course heretofore adopted for oigamzation By that course, the Clerk was re qmred lo call the States severally, beginning with Maine, passjng thence South and West, so far as he might be lorn tied with reasons to believe mem bers were present. He had called the-Stales thus in order, asking the several members so called to respond to their names. Thereupon he er,roller Die names called to represent eaeh Slate, until he arrivrd at New Jersey. He then sounded the name of one member and enrolled it. Here h > suspend ed the call,making known to those present that five other names were returned by New Jersey. ’1 hese five,said Mr.C. bear respectively a commission un der the great seal of the Stale, in like manner and in due lorm with the first, certifying them to lie members elect of the Twenty-sixth Congress. But that the Clerk has alaoin his possession papers pur porting lo he credentials, or certificates of election i in favor of other five persons, showing them to he the elect of New Jersey. These certificates are I signed and sealed, but not by the great seal of the ! State. The Clerk, finding in him,elf no authority , lo decide which shall he called, asks the advice of i those present. Thus far, he said it seemed to him 1 he has pursued a prudent course. tinder these circumstances, sir, (said Mr. C .) va- i rious propositions are made in successive order on which has obtained a protracted discussible Du ring its progress, grave and novel a. is the altitude we are in, principles the most grave have been ad vocated or denied. It appeared to him that the names already called and enrolled, did not constitute a quorum of a House of Representatives. The embarrassment was apparent to al', ami each one in turn repeals the inquiry, V\ hat shall 1 tie done? The Clerk could not proceed without advice Less than a quorum could not advise None hut menu era elect could advise ; and the multitude present, not yet called, he sa.d, were not i known as mem tiers. The Clerk, ho contended, I could not pass over New Jersey, w ilhout the unan imous consent i f the individuals present, forasmuch j a* by unanimous consent it was agreed she should Ihe called in the order she now stands in. lienee I I would arise continually the question, What could be done ? 1 Amidst the various propositions submitted, there J were two into wlti.-h all the others ultimately would run. One was, to pass New Jersey, by allow ing her no hepresentnlive. because of tlie contest.. The other was, to admit the members certified by the seal of the Malt, he said, for want of power, at this period, to question the right of those who bear it. Mr. C said that,impelled by a sense of duty to the country, and of respontio those ho addressed, hi felt hound to repeat no mure of what others bad urged than was necessary to tho presenting liil'y what occurred to him as new. He would also en deavor lo liear in mind one oilier good rule, which was la “quit when he had done.” Al this singe of proa coding lie held they could not entertain a question ratio the right of. the five persons (rom New Jersey, vho came w ith the great seal of the State, accompanied by a certificate in due form. Mr. C. said, in the argument here, lie was almost superceded hy the clear and forcible illustrations of the gentleman firoiu. Virginia, [Mr Wise,] followed hy iTioso of the gentilemun from New Yoik, [Mr. Hoffman.] He did'not hope to add weight to what they had urged. He one- having made the state ments be designed tu make, ho proceeded to ask, Who and what they were that now debated (this matter ? They were not the t loose of Represent a* lives, because, though placed- together in this hall, they Hid not yet know each other as such, hnv ng exhibited no credentials, aor answered lo their names. Until ihatshould be done, they were no more a House, aa uunlemplated hyths Constitution, than before they left ho.no. “The House of-Rep resentatives shall be composed of members chosen,” Ac. says tho Constitution. This imports a placing together of members, recognised hy each other in some House. What, then, sardiMr.C. are we, sir? We are the persons “chosen!’“by the people of the several Stales.” (This tie asserted foe his colleagues amt himself, and presumed of others, for sake of illus tration.) They had come togeiher, lie said, in that House, and were inquiring of each other's member ship. Before being satisfied, except as to part, they had come to a pause. Was it true, then, that ante rior lo being known- toeach other as members, and ewn before coming here, they were, in fact, mem bers ol this Congress, now being “composed” into a House of Repremmtatives ? such, said be, was ihe fact; otherwise their coming here, or their meeting together, oe this hall, had made them mem bers; If members of Congress, before they arrived here, when and how berime they so ? Siiq Jet ahe Con stitution speak, the-nuinpaot of union, and by it let -every Nnllifier abi-db The Constitution, says, section 4th ; “The times, .places, and manner ot holding elections for Sena tors and Representatives,shall he prescribed in each Stale, hy the Legislature thereof/” Thus, it ap (tears, the act of Hu State determines the- how and the when a man becomes a member. But how does she make her act known ? Here, 100, she was left untrammelled, for they dared not inquire into the mode in which she chose to make it known Whether her letters patent, with her seal affixed, contains the whole fact, or whether hy them she make known thatit: is pn>|K)rly evinced by certifi cate of a ustice- of the peace, was immaterial.— When she declared she bad done an act, and pul her seal lo the declaration, she had done tho most solemn act she could perforin. We, said Mr. C. are hound to respect it, so is every earthly power, un less, to some, she had delegated power lo call it in question. Had she delegated iurh a (tower; if so, lo whom ? By the Constitution, section 6-, the House of Repre sentatives “shall he the judge of the elections, re turns, and qualifications of its own members.” ’Phis grant of power is lo the “House, composed” ana formed as before shown, and to none ot her, and “*■ no ‘’'ll* • Vj 11 li I that trihmml, pointed out by and with her consent and authority, and that of her sister Stales, was created or “composed,” her most solemn decht/aUmi was conclusive, touching the election, binding on them for (he lime, and all the world besides So true was this, that between sovereign Mates, a discrediting one Stale hy anoth er is just cause of war. How then should rheyea cape the conclusion ? Should I hey, an unorgan ized body, not yet characterized before each oilier, “members,” “vie/ f,” “chosen,” hu not ‘composed'’ into a House, before the grunt of power is deliver ed, assume to set aside no act of sovereignty—hay, drive from them presence the sovereignly its/'lf, in the persons off taoir lii-nrosentMtivcs ? Yes, sir, he said, the sovereignly ; because, ulih .ugh he might, before the roper tribunal, be taught there was a fid lacy in-it, all, still, lor t lie present, lie must act <m<. ihe presumption that an act. having such auhooli city, did truly transpire And whilst ho conceded the position of ihe gentleman from,South Carolina, (Mr. I’ickoua,) that the people in a primary assem bly might perform nets paramount lo tho great seal, the laws andimrConsliluion, he still maintained, what he thought a Nnllifier ought, tiital in the al> aot.ee of nor of a primary assembly to the con trary, Ihe expressed will of a people, evinced hy the most s-n.mn art ol iheir superior agent, in form nml mamieadirecled by them, -as ,i sovereign act, on the plui*/principle that what one does by an agent he dees hy himsell. Here sir, and. Mr. G. permit me to pa so for a moment lo view r rite reitftNms of .those i'havo met here, wliilsa li point lo the p siliuns occupied (>y vvlut 1 undent!and to be rite two great contending parties thus divide the politicians of this country Nm for the purpose of denunciation or acerimony, but hoping ao.exerts i.one.ot ihe pan of eilher, and feeling noncyjAreeor to them loenfoice what 1 say. I appeal lo life ovls-and sayings ol both lo demon stra.e that, irjiliis mailer, consonant with what one parry now siys and does, and that which the other <il late said and.did. There ought lo bo found no •me objecting to the proposition roqnjnng us lo re smgnise, lor'fie present, without quesi.on, the mem hers trorn Now. Jersey who hear Ihe great seal of the Male Before doing this, he asked to bo allowed to slate that, cowing hero a Nufliftt-r, and believing the perpetuity of the Union greatly depended on it e preservation-of. that Kepubhran faith, arsd b-irrg identified nub the Mate Right* parry Cron*choice, education,and habit, yet knowing no rule lint the’ laith contained in the creed, he was taught lo be lieve h t sin-old find here that party he was used to oppose, mo*< nearly professing and ar-ting out his principles than their opponents On iheisdni liere dehaied, he found,.he said, mosl.iPnot all Hie Op position, especially the-gentlemen from Virginia and the one from New York, leading in away that looks as lamiliar to his eye, as the road lo the"mill If, then, the Democratic Republicans, as they are sometimes ended, should he foaric in ihe same truck tor one time they should all harmonize on a ground,at sue period or other maintained by each. To show, sir, said Mr. C. that ray view.ought lo ho sustained, and that, on this point, they and I ought not to differ, 1 beg to road hr m an authority they will rsi doubt recognise. 1 Mr. C. rend from the Globe, of July (7th, 1838 from a document, Ihe caption of which is as fel’ lows : “At a meeting of Republican mt-mbo-s of the 1 Senate and House of Representatives, held at the 1 ( apitol, July 6th, 1838, the Hon. John M Niles of Connecticut, and ihe Hon. Charles E. Haynes of 1 Georgia, being chairmen, and the H.,n George M ( Kean, of Pennsylvania, and lire Hon. H. I. Turney of Terinessee,ru-liiig as secretaries, the address to 1 the people of tho United States was received, and 1 further considered ; whereupon* on motion of ihe Hon. Hiram Gray of New York, it was 1 Dcsolved, X'hal the address he signed and pub lished hy Ihe committee who prepared it, j n behalf 2 of the Republican members of Congress,” (■ From that paper I read the following extracts lo wit: ’ I “Hence the different light in which the two par- P ties viewed Ihe character of. th* syslera. The Re puhl'cnn iarly held u to he federative in its char- aeter, and formed by the Stales in their sovereign capacity, and adopted for their mutual security and hapruuess, while many of their adversaries regard- 6 ed it as a great NalionaJ Republic, formed hy the R American people in Ine aggregut , to promote the interest ol the majority, instead oflhe several State* compoMing il. “We adhere to the constitutional doctrines of Ihe E Republican parly of 1798, '99. We adopt the rule of strict const ruction they maintained These are ihe principles upon which we would have our Go- SI verumeut administered; and a reference u> o ur vioivs iipon the great and agitating lapses of the iia will, we trail, hliow that we are (Imposed ( 0 earry these principles into practice by our public aols.” These are doctrines (said Mr. C.) familiar to us sound and good Now, sir, hero is a ease to ap ply them Let us stand to them through evil re port as well as good ; lake hold of rhein, and look ing not right nor left; let us see what first arises. I now invoke those who have adopted these princi ples—! affectionately incite there, (for I truly feel affection 'or all who sincerely take hold of such) to arrest this controversy, and by unanimous consent put nn end to debate. Tins was a union of Stales, not of the aggregate mass of the whole people of this Union. Therefore New Jersey properly -peaks in this case in her or ganic capacity, and we, at this lime, oonnol contro vert her,or permit :t to-be done in a winy not ap pointed. Wo, said Mr. O. hold to the doctrine of “strict construction” of delegated powers. There fore we, to whom no power is delegated, cannot in quire to discredit or overrule New Jersey. Bui again, sir, emitiuuod Mr. 0. remembering still that my appeal is to all who hold this doctrine ol slriet construction, let me here demonstrate what mainly I rose to prove It is this . that hy the power delegated, no judgment can obtain by us now, or the HulMO hereafter, “of the election, return sil l qualification,” Ac-. of any one not admitted 10 he a member I here must be something m pos session purporting to-be an “election” or “return” —some man, professing and acting, presumed or taken to he a member amongst you. You cannot act on nothing—against no one. How can you judge of “elections” w here none appear, or of “re turns” where none exist. As well might you at tempt to take nothing from nothing But, in addition to this reason, from the nature of things, there vvus a still better reason for a strict constructionist, limnd in the Constitution. The power to judge was by the Constitution (see. 5,-) given “of-lhe elections-and returns and qualifi cations of il.i-own members.” Here, then, lbs grant, by strict construction was given to judge concern ing one who is a “member”—not only one who is ■ member, and so claims to be, but actually is in his sent exercising his rights. Without this, he is no member. Further still; he must likewise be a member in whom the House claims nn interest, an ownership He must be the House’s “own member." Until then, and of any other, you judge without a delor gated power. Do not-say-lhhttliis is unreasonable- nut so;.it is just whal the compart of union contemplates, lo wit, tliai each Stale should be represented. Os representatives, “members chosen hy the peo ple of the several States,” shall the House bo “com posed ” So you perceive, without a violation of principle, assuming the object lo bo to admit the second-five, you can only do it hy first recoanizinir the five first. Seeing, iheretoie, that having consented to adopt, a mode now progressive ; hut interrupted— not to bo changed or deported from but by like consent— that your professed principles require you lo respect for lhe time being, w hat you may think will ulti mately be found lo he n pretended claim, and that the Opposition are now occupying ground you were wont to assume ; then, in the name of the pence, good order and dignity of this assemblage; by the regard you h ive to the sovereignty o r tbs Stales ; and the interest you feel for the good of the country, withdraw lor the lime being all 'opposition lo the Jersey members, who, without your admission or denial, are members, and were so before they, you, or I, assembled here, and who can only be ousted by the action of the constituted authority sitting in judgment on these, “its own members.” Unless, said Mr. (J. you shall so consent, there is jml one mode to gel out of the difficulty orderly, 'rhni vv.U b« tugwu u> the Clerk, by the respective Slate delegations that advice which, as a mass, can- I not he asked of ns ; then, according lo that advice let the Clerk withhold one ur other mu of creden tials, married. At the house of Mr. Matthew Inglct, of Rich mond county, by the Rev. Matthew I), llolsenbaek, Mr. Jacoii Inc.i.f.t to Mrs. Caroline McDonald. On-Sunday evening, loth instant* at the house of John W. Bealle, Esq.,by William Doyle, Esq., Mr. James Joinf.r, of Franklin county, North Carolina, to Miss Ei.ixaiif.th Sikes, of Richmond county. COMMERCIAL. Latent' dates from Liverpool, Nov. 11l Latent dates from . Havre Nov. IB Savannah, Dec. 13. C'oßon—Arrived since the 6th inst, 88-19 bales Upland, and 171 bales 8 ( cotton, and cleared at the same time 2460 bales Upland, and 00 bales S I cotton -, leaving a stock on hand, inclusive of all shipboard not cleared on the 13th Inst., of 16014 bales Upland, and 245 hales S I cotton. Under the expectation that the intc'ligencc by the steamer Liverpool would be unfavorable, the desire to sell Uplands ar it arrived, from the date of Our last re view until Wednesday, caused a furtherdepression in the value, but which since receipt of the ac counts has been partially recovered,- and the week closes with more apparent confidence at our quota tions, which arc J u j under those of last week. The sales amount to 6476 bales as follows: 34 at 8- 24 at 84; 29 at 8f 23 at 9,?; 81 at Sjj; 369 at 9; 121 at 94; 282 at 9J; 70 at Sg ; 694 at 94; 264 at 9j>; 34at 9 11-16; 1021 at 9J; 622 at 94; 1661 at 10; 197 at 104; 262 at I Os, 22 at 104. in Sea Is lands sales of 10 hales at 28; 41 at 30. Receipts of Cotton at the following places since October Ist. 1839 1838 Georgia, Dec. 13, 30864 50665 South < arolina, Dec. 6 4426 43104 Mobile, Nov. 30, 7191 29673 New, Orleans, Nov. 39, 182327 88682 Florida, Nov. 16, 949 North Carolina, Nov. 15, 640 Virginia, Nov. 1, 2600 26873 S 211984 The following is a statement of the stock of cot ton on hand.at the respective places named. Savannah, Dee. 13, 15269 22436 South Carolina, Dec. 6, 12719 22973 Mobile, Nov. 30, 7739 23073 New Orleans, Nov. 30, 122580 48607 Virginia, Nov, 1, 1000 702 North Caralina, Nov. 16, 640 800 Augusta & Hamburg, Dec. 1, 26000 26615 Macon, Dec. I, 15337 15675 Florida, O t. 16, 400 1000 Philadelphia, Nov. 30, 703 400 New York, Nov. 30, 5600 9000 206877 171241 Uice— Sinco our last, the demand has been very moderate, the sales amounting to 500catks at from $2 76 a $3, principally at the latter price. Flour —This article continues dull and declin ing. Sales of 600 bbls Howard street to arrive 4,7+- Canal at $Bl a Bj, ’ Corn —Sales of 6000 bushels now to arrive, at 65 c*nls| retails from store at 70 a. 80 cents; 4000 bushels Oats at 40 cents. Bacon—she demand moderate. Sales of 5000 lbs. Shoulders and Sides at 7j a 9 cents. Spirits— ln domestic liquors we report sales of 266 bbls Gin at 48 a CO; Whiskey at 40 a 42- N E. Hum at 404 a 41. Exchange —On England 9 a 10 per cent premium; Drafts on New Vork, 5 days sight, 34 per cent prern; at sight, 4 a 44 per cent prem. Freights —To Liverpool Havre Ijj a 14c; N. York $1 per bale. STATEMENT OF COTTON, DEC. 13. Uplands. S. I. -itock on hand Ist Oct. 1523 118 deceived this week, 8849 171 do. previously, 21671 173 3 exported tins week, 2460 00 f Do. previously, 14569 217 11T29 217 Itock on hand, including all on ship board not cleared on 13th Dec. 15014 245 OBITUARY. Departed this life, on the 9th of November last, (d the epidemic which then prevailed, Matthew Nki.son Esq., m the forty-fifth year of his age.— Mr. Nelson was a native of Yorkshire, England, but left the land of his birth in early manhood.— Alter a short residence in the city of New York he came to Augusta in the year 1819, and from that peuod made Augusta his home. By industry and a commendable energy, he was soon enabled to lay the foundation of a fortune; and at the time of his death possessed a handsome estate. In his inter" course with society, he was kind and unassuming, and had the confidence of all who knew him. In April last ll*. was elected to a seat in the City Coun cil ot Augusta, and held that station at the time of decease- In his death, an affectionate wife, to whom he was devotedly attached, and several rela lives, are left to mourn an irreparable loss, and the public are deprived of the services of a useful cit izen. Consignees per South Citroliaa Hail Road. Hamburg, December >7, 1839. Wright, Bull & Co.; W. & J. Nelson; T, J, Pannelee; T. Dawson; I. S. Beers & Co; Reea & Beall; Wright & Gibson; Treadway Sc Blinn; S. Buford & Co.; Stovall, Simmons & Co.; W. E. Jackson; J. Coskcry; J. J. Cohen; S. H. Peck; D. S. Boutet; A. Frederick; G. Parrott; J. F. Benson; Dickson A. Storr; Ii Levy; Jef fers & Boulware; Maher & Rooney; Anderson, and Young; Kernaghan & Wray. MARINE INTELLIGENCE. Savannah, December 16. Arrived since our /usf—Ship Othello, Tucker,. Wiscassett, schr Staunch, Smith, Hartford. Sailed —Brig Pandora, Gardner, Boston. Charleston, December 17. Cleared —Brig Chili, Rodgers, Milanzas. Went to sea yesterday— Ships Superior, Bailay, Liverpool; Manco, Nichols, Glasgow. In the offing —Br ship Margaret Johnson, McAuj ley, from Liverpool; and brig Amazon from Glou cester, (Mass.) THE subscriber being desirous to settle the business of the late firm of P, Fleming & Co., requests all indebted to the same to come forward and make payment. Such claims as remain unset tled on Ihe first of January next, will be placed in other hands for collection, dec 3 w4t PORTER FLEMING. ATTENTION SEVENTY SIXTH BAT TALION G. M. AN Election will be held at Tarver’S, on the first Monday in January next, for a Major to command the 76th Battalion G. M. The polls will be opened at 10 o’clock a. m., and closed at 1 o’clock v. m. Suitable persons will be detailed to. superintend said election. GEO. W. MORGAN, Japt. 119th Dist. Comp. G. M. CHAS. 11. KENNON, Capt. 123 d Dist. Comp. G. M. nov 21 wtd Head Quarters, 10th Reot. G. M.,?,. Augusta, December 14, 1839. y Order No. 2.—Pursuant to or- H dets from Brigadier General Sum- JB mers.thc Regiment will assemble M on Saturday, the 1 Ith January,lß4o, M at 10 o’clock a. m., on the regimen tal parade ground in Green street, ■fcplM prepared for drill, review and in- The commissioned and non-com njl I missioned Officers will assemble on IPI / the parade ground as above stated, OB Friday the 10th January, 1840, ■V at half past 2 o’clock, p. m., proper-- ly armed and equipped,for drill and other exercises By orderof Lieut. Col. Wilson, Commandant. M A.STOVALL, dec 14 wtd Adj. 10th Regt. G. M WESTOVER FuR SALE. WILL be sold at public sale,at the market house in the city of Augusta, on the first Tuesday in January next, that valuable tract of Land on Rea's Creek, in this county, well known as Wcstover. The tract of land embraces the best Mill-scat on the creek, contain* near live hundred acres, about one half of which is cleared, and the rest wood land. There is a large and commodious dwelling, with three framed kitchens, and other convenient buildings, and a spacious, well built barn upon the premises. AII the southern bounda ry of the cleared land is under anew post and Dlar.k Icnce. r terms of sale.— One-fourth of the purchase mo ney on the day of sale, and the rest in one, two and three equal annual instalments. dec 4 sw&wtd A. B. LONGSTREET. MILL PROPERTY, &c. FOR SA4iB.. FINH E subscriber offers his Mill Property on-Bpirit JL Greek, adjoining lands of Whitehead, Hay. nie, and Fox, for sale, containing about thirty five hundred acres, on which there is a good Saw Mill, kc. There ore also two other mill seats, which could easily be put in order. The whole would be sold together, or it would be divided to suit pur chasers. Also —Eleven Lots in tl« upper part of the city, between Greene and Ellis streets. ’ Should the above property not be sold at private, sale, it will he offered at the lower market house, on the first Tuesday in January, next, dec 10 trwtd HUBERT PHILIP. ADM I NHSTRATKIX’S SALK. AGREEABLE to an. order of the Inferior Court of Richmond county, when sitting for ordina ry purposes, will be sold on the first Tuesday la March next, at Hie lower market bouse in the city of Augusta, within the legal hours of sale, all that lot of land with the dwellings house and othei im provements thereon, in the city of Augusta, con taining 41 feet 3 inches front in Ellis street and running back the same width 132 feet *o a lot be longing to the estate of Graves, and bounded on the north and east of Graves’ lot, south by Ellis street and west by a lot belonging to the estate oi Michael Finchley, deceased. The same being the property of the estate of Michael Finchley, deceas ed, And sold for the benefit of the heirs and credi tors of said estate. A Iso, at the same time and place, and on the same account, will be sold Ten Shares of the capital, stock of tiie Bank of Augusta. ANN KINCHLEY, Adm’x. December 14,1839. A CARD* (i F. HOFFMAN & Co. having taken one of ) , the large new stores opposite the ruins o the Planters’ Hotel, one square above Mrs. C. Hoff man’s former well known stand, respectfully invite their friends and the public to call and examine their large stock of India Silks, French and Swiss Embroideries, English and German Goods, Fancy and Millinery articles, Sic. &c., which they offer low and on good terms, wholesale and retail. nov 16 __ trw2m REMOVAL. CONFECTION A fijf ES TA BLISHMENT. BL. NEHR returns his thanks for former • patronage, and would inform his friends and the public, that he has removed his Confection ary from under the United States Hotel to the New Store in Broad street, recently occupied by H- C. Bryson & Co , and nearly opposite the store oi George R. Jessup. He lias now on band, and will constantly keep e good assortment of Candies, Cordials, Winea, fcc. which be will dispose of on moderate terms, nov II trw 16