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5 J ’ W ' &S ' J ° NES - ■ AUGUSTA, Ga. THURSDAY MORNING, MARCH 26, 18-10. " " „ „
' — ll == VOL. IT.—No. 36,
Tnii CMKKoIi LE AXD SENTINEL
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CHRONICLE AND SENTINEL.
AUGUSTA.
WEDNESDAY MORNING, MARCH 25.
We are indebted to Messrs. Dawson, Haber
sham and King, for copies of a letter addressed by
a portion of the Georgia delegation to Governor
McDonald, assigning their reasons for declining
to present the resolutions of the last Legislation
on the Maine difficulty. It shall appear to-mor
row.
A bill legalizing marriages between blacks and
whites, has passed to a second reading in the Sen
ate of Massachusetts by a vote of 17 to 7.
Foot Race.
A rather novel race, Four Miles, came off over
the Mobile turf, on the last day of the Spring meet
ing, between a Kentuckian and a Long Islander;
the latter proved the victor.
Time of Ist mile Cm. 345.
“ “ 2d “ Cm. 38s.
“ “ 3d “ 6m. 395.
“ “ 4lh “ Sin. 21s.
Aggregate. 26m. 12s.
For the Chronicle Sentinel.
Mn. Editor :—I hope the lute uupropitious
state of the weather will not deter our citizens
from attending the Lectures now in progress at
the Medical College. Besides, encouraging those,
by whose efforts this important State Institution
is rapidly requiring a character; the subjects pre
sented, and the manner in which they are de
monstrated by the Professor, are well worth our
attention. A rich entertainment is promised al*
who may attend; ami it is with regret I learn,
and wish the fact impressed upon this communi
ty, that this will be the last opportunity ever of
fered them from the same source. It argues but
a poor taste for science or literature among us,
when such indifference is manifested.
I cannot but hope to see a better attendance
this evening at the College, when the second Lee.
ture will be delivered. A Native Citizen.
Correspondence of the Philadelphia North American.
New Your, March 20, 3 p. m.
I am glad to notice a decided improvement in
the exchanges between ns and you. The rate of
discount to-day isbut4| a5. If while your Le
gislature is wailing to make up their minds abou 1
what shall be done with suspension, you should
float into specie payments, they would find them
selves at once out of the woods.
The arrivals of Cotton have been large yester
day and to-day, and the sales quite limited in ex
tent, and prices scl lb. lower lhan'iast week.
Flour is dull, though sales ar making more
orleKs. Southern sorts are 5,12 a 5,26. Gene
see 5,50 a 5,62.
There was a good sale of Teas to-day at the
Phoenix Sales Room—cargoes of the Florida,
Cashmere. &6. The company was large and
hid with spirit. The prices obtained were quite
equal to those of the last sale. The Floiida’s
cargo was chiefly withdrawn, the holders having
strong confidence that the affair between China
and England, will produce more effect on tea
than has yet been developed.
Manhattan Bank is rising under the expecta
tion of good management hereafter.
Exchange on Baltimore a4J ; Mobile and
New Orleans 4| a 5.
Correspondenc of the Baltimore Patriot.
Philadelphia, March 20— 8 a. m.
As far as I have learned, the only effect the in
telligence from Europe, per sieamer British
Queen, at New York, lias had upon our market,
is that of causing nearly every description of
Stocks to decline in price. U. S. Bank fell off
full 2perct. Wilmington R. R., something like
fifty els. a share; Girard bank remained firm at
previous rates.
Correspondence of the North American.
Haiiiiisbuko, March 19.
Mr. McElwee gave notice, that lie should ask
leave to bring in a bill to compel the banks to
resume specie payments, and to pievent the cir
culation of foreign notes under $5.
The Committee of Conference had a meeting
this afternoon. There was nothing done. I think,
if I am rightly informed, that the House Commit
tee insisted upon retaining the number of five,and
as a matter of course the Committee on the part
of the Sunate would not confer with it; this jus
tifies my assertion that there was nothing dune-
It is now settled to a certainty that no biliroiii
pelling an immediate resumption, or before .Sep
tember next, will be passed. The sanguine
friends of them asure give, it up conceding that
they are beaten out, and cannot rally a force
sufficient to the task, which al one time appear
ed so easy to perform,
A Post Office has been established at Chun
alauski, Floyd county and John F. Price ap
pointed Post Master.
Hon. Thomas llutlcr King.
The corre-pondetil of the Baltimore Patriot
speaking of the speech of the Hon. Thomas
Butler Kino, on thcTrca-ury Note Bill,says:
Mr. K'no, of Georgia, addressed die committee
for about two hours to-day, in a speeclt w Inch has
pVe.i him in a high rank tor intelligence “»d
debating power, lie disp, lyed great uauttmess
and ' igor of .wind in arguing the constitutional
question, and was no less felicitous in ti.spjs.ng .
tUo inexpediency of the Administration’s mode of,
supplying the deficit which had been produced
\ by their own prodigality and wasteful exlrava
\gance.
\LBy a very clear and cogent chain of reasoning i
on the nature, operation, and inevitable efl'ecls,or
the policy, he demonstrated that the result would
be, in real ty, the establishment of a Govern
ment Bank; and he charged the Adminis
tration with having that in view as their true
object.
In conclusion, Mr. King offered a substitute
which proposes, in effect, to supply the necessa
ry wants of the Government by a direct loan.
Mr. Kino was listened to throughout the
whole of his speech with earnest attention by
the House and a large audience, and was honor
ed also with the attendance of several of the most
distinguished members of the Senate.
From Hr New Orleans Picayune, 1 ith inst.
Destructive Fire.— About ten o’clock last
night, a fire broke out in the bookstore and sta
tionery wa'chouse of D. Felt & Go., No. 24
Char;res street. The flames rapidly extended to
the houses on cither side, viz: to Amistead &
Spring’s foreign and domestic dry good store No.
23, and to L. Chittenden's importing silk and
fancy store No. 26. Notwithstand the indefati
gable exertions of the firemen, the flames took a
northerly direction and rapidly consumed the
clothing store of Paul Tulane, & Co., No. 28,
and the saddlery and harness warehouse of Smith
Cantzon & Co., No. 30, corner of Chartres and
Customhouse streets, and here the firemen stop
ped the ravages of the devouring element.
We know not the loss sustained, nor the amount
insured ; it must have been over a hundred thou
sand. We have heard that some persons were
injured by the falling of the walls, hut for the
present we must decline giving particulars.
Texas.
From the N, O. Picayune of the 12th inst.,
we cut the following ileitis of news from the Re
public.
Yesterday the steam packet ship Columbia,
Henry Windlo master, arrived from Galveston.
To the politeness of Captain W. we are indebt
ed for dates from Houston to the 3d, and from
Galveston to the 7th inst.
The Austin Gazette of the 19lh tilt, says, “By
the arrival of Col. H. M'Leod, direct from Bex
ar. we are enabled to contradict the rumors which
have been so prevalent the last few days, of a
Mexican force having crossed the Rio Grande.
The Mexicans are assembling an army at Mon
te ray, but it would appear that it is rather for the
purpose of establishing a military post on the
Rio Grande to prevent their own territory from
invasion, than to invade the territory of Texas.”
The Treasury has stopped issuing, and will
not in futu e issue any now Promissory Notes of
the Republic; the amount al present in circula
tion being deemed sufficient to meet all necessa
ry expenses of die Government.
[The following items, which are the latest
news from Western Texas, we glean from a pri
v le communication addressed to us by Colonel
Geo. Fisher. We regret that our limits will
not allow us to publish more of his communica
tion ]
“ The Federal Army of Mexico after making
an unsuccessful attack on Monterey, retired to
the towns of Guerrero (Rcvilla) and Laredo, on
the Rio Grande. A Convention was held at La
redo, (a town on the left bank of the Kio Grande)
which declared its independence from Mexico, or
ganized a provisional government for the “ Re
public of Rio Grande." and installed a General
Council. Jesus de Cardenas, a lawyer by pro
fession, and lately Political Chief of the North
ern department of Tamaulipas, was elected Pre
sident of the Republic; Gen. Antonio Caualles
was invested with the command in chief of the
army.
“ The new government is calling for volunteer
aid. and expects to receive it from Texas and the
United States; it is said that it will be more lib
eral with the quantum of bounty land than any
other government ever was. The property of
the Church and Convents, including their large
landed estates, will be appropriated for the pay
and the bounty of the volunteers.
“ The Convention at Laredo, declaring their
independence from the Republic of Mexico, and
organizing the provisional Government of the
Republic of Rio Grande, claim all the country
formerly known as Tamaulipas, as far as the Me
dina rivers, and into the interior so far as the
Mountains, (La Sierra Madre,) embracing New
Leon, Zacatacas, Durango, Chihuahua and New
Mexico—for which purpose they met at Laredo,
within the 1 mi's of Texas, according to the es
tablished limits of our laws.
“ The Central troops, under the command of
General Mariano Arista, left Monterey in pursuit
of the Federalists, and were marching in several
small divisions to the Rio Grande. The Coman
che Indians, to the number of about 500 warriors
made an incursion into Mexico, and penetrated
so far as the “ Real de Calorce,” (in the state of
San Louis Potosi.) committing great deprada
tions upon the lives and property of the Mexi
cans. On their return from the interior, they fell
in at Salinas with a division of 200 infantry, of
General Arista’s force, and attacked and killed
every man. The Federal, or rather the indepen
dent army at Laredo, Guerrero, and Casa Blan
ca, amount to the number of from 1000 to 1200
men. Gonernl Arista’s force was, previous to
the Indian attack. 300 men. Gen. Canalizo is
still at Malamoras, with about 000 men of the
Central forces.
Front the New York Herald.
Foreign Items.
The Affairs of India and East—The
RELATIVE POSITIONS OF RI'SSIA AND EnoLAN I).
—lt appears now to bo no longer doubted that
the soldiers of England and Russia will soon
meet, and have a bloody fihgt, in the plains be
twe n Persia and Affighnistan. The operations
of Russia toward ■ Khiva, as a preparatory step,
we have elsewhere detailed. The movements of
England in this quarter, so far have been most
prosperous.
Russia is coming down witli nearly 100,000
men round the eastern shores of the Caspian to
Knava. England is marching on towards
Herat with an equally large force, in a double
front, as it were. The northern army under Sir
John Keane has captured Cubul, I'andahar, and
Ghiznee, and subdued all Affghnistan, and the
extreme out post of this part of the army is now al
Herat, which place although nominally governed
by 'he Sultan of Herat, is defended, fortified and
controlled by British officers, and munitions of
war supplied by England.
But. as the British troops would be liable to be
harrassed in their war, if any part of the adjacent
country was left unconquend. a quarrel was pick
ed with the reigriimr prince of Bulochistan, Meh- {
reb Khan his capital city Keiat was stormed and i
t i!;en. him-eli and jill Ills principal soldiers killed. |
and ihe whole of the important province ofUulo- |
i chi&tun, (of which Kclat is the capital) reduced
I and placed under British control. 8o that now
Great Britain governsand possesses r. 11 Hindostan,
Baluchistan, and Affghistan.from Chinese Tartary
JfP the very confines of Western Persia, and
• ‘Knava, and from the Bay of Bengal almost to the
sandy shores of the sea of Aral and the Caspian
sen.
Such is the exact position of the great rival
powers in the cast. Two mere puppets, Shah
Soojah, am. Kamram, tools of England, are crown
ed kings of Affghnistan and Herat; neither of these
places are strongly fortified ; neither of these two
kings hold any communication with Persia or
Russia. Dost Mahommed has been driven into
the mountains of Tartary,but stands ready to come
down at a favorable period, -‘like a wolf on the
ffi'hb” Persia is in a stale of rebellion, and the
Schah is in a helpless state at Teheran, wishing
to assist Russia against Khiva, but fearful of
being invaded by the British, if he does. So
England has also completely subjected Nepaul,
or lower Hindostan, and is preparing for another
war with the Burmese. And a great decisive
blow for “more empire” will be struck very soon,
and Khiva will be the 4ft) tic ground.
Important from Constantinople. —The
french Ambassador M. de Pontois, has thought
fit to demand explanation on the subject of the
immense preparations made at Odessa, and in
the ports of the Black Sea. The Porte did not
reply in a satisfactory manner. The French
envoy signified to the Divan that he was aware
of the intention of the Porte to call in Russia to
its aid ; and that, in the name of France, he pro
tested against a disembnrcalioii of Russian troops
on any point of the Ottoman territories. The
Porte it is said reluscd to receive his note.
On Monday last, the American diver. Samuel
Scott, took his second leap from the main-top-gal
gallant yard arm of the San Josef, in Plymouth
Sound, being a height of 190 feet, without any
injury.
The French Mini spur.—A postscript in a
Paris letter in the New York I Courier, says:
The great probability is, that this night the
Moniteur Parisian will announce the formation
ot a Ministry,of which M. Thiers, as Minister
for Foreign Affairs, and President of the Coun
cil, will be the head. For the others you care
nothing. They will be Cubieres, Remusat Palel
ile la Lozere, .1. Vivien, &c. The Theirs minis
try will be a strong one, but it is one forced oil
the King.
Extract from the Washington Correspondence
of the Louisville Journal.
ft has been proposed in the Pennsylvania Le
gislature to invite Gen. Jackson to visit that Slate
next summer. The old Hero’s dry bones are to
be waggoned about in the coming contest, as a
sort of specific against Wbiggery. He is to go
about working miracles, and casting out devils,
in the name of the party, —he will cleanse politi
cal lepers,—and doubtless, many will come unto
him to be baptized in the true faith. When this
old man dies, we may expect to hear, that his
body is made into a mummy :—a sort of deified
democrat —to whose tomb, like that of Mahomet,
pilgrims will repair, to be purified from their po
litical sins. But it will not do I the presence of
Gen. Jackson in Ohio and Pennsylvania will act
like the Ghost on Hamlet, to nerve the purpose of
the people for speedy certain revenge.
Manhattan B ank. —It affords us great plea
sure to announce the election of William M. Ver
milye, Esq. as cas.iicr of the Manhattan Bank.
Mr. Vetrailye has been for many years cashier of
the Merchants’ Exchange Bank, and is a gentle
man universally esteemed. Wc may add that
his integrity and financial ability afford good as
surance that under his management the affairs of
the Manhattan Bank will be retrieved.— N, Y,
Cum.
Fives and Fifties. —The Legislature of
Indiana lias authorized the issue of a million
and a half of dollars in the form of State notes
—half of the denomination of $5 and half of
SSO.
From the N. Y. Commercial Advertiser, March 14.
Stock dale vs. Hansard.— Wedo not know
that a more, absnluule legal and legislative snitl
has ever come to our knowledge, than the one in
which the British House of Commons has invol
ved itself, on the question of privilege growing
out of the libel suits above entitled. A brief his
tory of the affair, as intelligible as we can make
it from the complicated nature of the various pro
ceedings, may serve at least to entertain our rea
ders.
M. Stoc.kdalc is a publisher in London. His
principal business is, or was at the time when
the writer of this article was in England, the
publication of immoral books. The man himself
“enjoyed a bad reputation,” as Paddy said.
It happened, some years ago, that certain re
turns were called for, and ordered, in the House
of Commons, relating, we believe, to the influ
ence of immoral publications—or perhaps it was
the report of a committee—in which of course
Mr. Stockdalc’s name held a conspicuous situa
tion. The documents wore ordered to be printed;
and Hansard, the printer to both Houses, of
course obeyed the order. Copies were furnished
to the members, and as usual some were offered
for sale, and sold, to any who thought proper to
buy.
In the mean time Stockdale had become a
bankrupt and either his own good genius nr
some keen and unscrupulous lawyer suggested to
him that f unds might bo raised by n prosecution
for libel against Hansard. The idea was eager
ly caught at, and the suit commenced. Hansard
applied to the House of Commons, which di
rected the suit to be defended, and the law-offi
cers of tne Crown appeared in it as Hansard’s
counsel. The defence relied on was “ privilege j
of the House,” but the Judge pronounced it in
sufficient on the trial, and his decision was con
firmed, after solemn agrurnent, by the Court of
Queen Bench. Judgement was therefore rendered
in favor of tockdale on the verdict found by the
jury, and execution was issued against Hansard,
tiy virtue of which the sheriffs levied on his p-iri
ting establishment, he lefus. d to pay the amount
of the judgement. On the day before the re
turn of the writ however, somebody called at the
sheriff’s office and paid the amount, and so that
matter ended for the lime.
If it bad so ended absolutely the House of
Commons might perhaps have been willing to ;
let it pass and say no more about it although the
decision of the Justices against the immunity of
“ j rivilege” was exceedingly unpleasant, and
gave rise to much dissatisfaction. But .Stockdale
encouraged by bis fust success, immediately com
menced another libel suit against Hansard, lav
ing his damages at JC50,000 —This time the suit
was not defended, and judgement of course was
taken by default, the amo mt of damages to be
| assessed by a jury on ,a writ of inquiry—Finding
j hiscoursc thus ea-y and promising, .Stockdale
I commenced more suits, and the number, at the
date our lastadvic.es find got up to five.
Thus goaded to action, the House perceived
the necessity of doing something vigorous and
effective ; and it began, wr believe, with n com
mitment of Stock dale for contempt and breach of
privilege. But this did not stop him from going
on with his suits, ami then the House attacked
the sheriffs for levying on Hansard’s premises;
they were. arr. sled and committed to the custo
dy of the sergeant at arms. Still the suits xent
on, and the House next proceeded to h ill 1 e with
Mr. Howard, Slockdale’s attorney ; hut as he had
wriggled himself somewhere out of the way, and
could not bo hud hands on easily, his son and
another young man, his clerks, were called to live
liar of the House and thence consigned to prison
for serving certain notices in the progress of the
actions. (Subsequently Howard made ids ap|>ear
unee, and was committed to Newgale ; and so
the matter stood when the Great Western left
England, one of the sheriffs, Stoekdale, Howard
and the two young men being in close confine
ment. and the suits still going on. The other
sheriff, Mr. VV heclt, was released on theeeiliticalo
"f his medical attendant that Ins health was se
riously endangered by Ids imprisoi|M|nf.
But as yet we have given only mo branch of
the many ramifications into which this curious
allair has divided. The Courts too have had their
fingers in the pie. Stockdale'a creditors took
measures to obtain possession of the money in
the hands of the sheriffs, who therefore refused
to pay it over to him, for which he commenced
proceedings against them, by attachments direct
ed to ihe coroner, which the coroner refused to
serve. The creditors also sued out attachments.
Howard and Stoekdale commenced suits against
the sergeant-at-arms, for false imprisonment, and
we believe there was some talk also of proceed
ing against the Speaker. Writs of habeas corpus
were applied fur, and granted by the Conn of i
Queen a Bench, against the jailor, who had the
sherills in custody, and on thase the Court and 1
the House almost came directly into conflict. 1
The jailor returned generally to the writs, that 1
he held the sheriffs in custody under the process 1
ot the House or the Speaker, for contempt; and 1
on this return Ihe Court was obliged to dismiss 1
the writs, there being no question that the House 1
had power to commit. But the Chief Justice, 1
Lord Denman, took occasion to read the House a 1
sharp and stinging lecture, by implication,saying
that suspicion could not be entertained of a pro
ceeding so dishonest and emit imptible as the tna- 1
king of a general return—that is, a return not
specifying the causes of commitment —for the
purpose of preventing the Court from properly
investigating a case in which subjects and officers
of the Court, hail been deprived of their liberty ; ’
his Wdship meaning all Ihe while that the House 1
had been guilty of this very dishonesty and mean- I
ness, I
This article is already too long, yr we could go 1
on and describe the meetings of the Common t
Council and of citizens, the votes, resolutions, s
processions, visits of condolence or cong’utula- <
lion, the proposed pieces of plate, <src. &c., with I
which the public feeling in behalf of the sherills 1
has been manifested ; hut the story is droll 1
enough as it stands, and here we bring iti to
close. <
A Fight —Shark anii Dogs— Prom the
Memoirs of a Cadet. —“ The dogs united in a
general howl; and when we came up with them,
wo found tlicjn scratching almost the
neighborhood of one of the
holes, hut at a very respectful distance from it,
for from its interior issued an iudeseiiiiuble sound,
which might have appalled a lion. As near as I
can convey the idea of it, it was a fierce hissing 1
mingled with a growl. Conceiving that the ton- I
ant of this asylum might boa weasel, ot some 1
other animal of that tribe, we poked at the a per- t
lure with our sticks, and cheered the poor dogs <
on to an assault, At length, an enormous cobra I
decnpello burst forth, furiously enraged. On t
the first appearance of his head, the four-footed t
tribe retreated a few yards, then halted, turned, 1
and held the foe at bay, whilst the rational por- I
tion of the party commended themselves ls> the 1
protection of those locomotive engines so well 1
spoken of in Iludib-tas, and so naturally referred t
to on such occasions. Our ignominious flight 1
continued to the full distance of twenty paces, 1
when we halted and faced about. We then wit- I
nessed a most extraordinary spectacle, in the <
centre of a largo circle formed by the dogs, rose 1
the snake, with hood distendid, and about, a yard I
of his body erect.gracefully curved like the neck
of a swan. In this attitude he wheeled rapidly t
about, fixing his diamond eyes, quickly as light, I
on his antagonist, which, holder than the rest. '
attempted to draw the circle closer around him. '
This war of “ demonstrations” lasted for perhaps 1
a quarter of an bout, the dogs harking furiously I
all the lime, when one o, them made a spring <
upon the reptile, when his head was turned in I
another direction ; but he underrated the activity |
of his foe, and was bitten. A general attack now I
commenced, and Ihe snake was soon torn to pie- I
ces. He died not unavenged us Byron says. 1
Two dogs received their death wounds, each bit 1
ten in the upper lip. For about ten minutes as- 1
terwards their spirits appeared to he unnaturally
excited ; they then began to sicken and retch,
though they were unable to vomit; violent con
vulsions and death soon succeeded.
Tint Fikk Srstkm of Paiiis.—The firemen
of Paris arc picked men, none being admitted
who have not given proofs of probity and conr
rage. They have n military organization, anil the
grades regulations and pay, are upon the same
foaling ns those of the army. They exercise
every day, and new members are not emlwdicd
with them, until thoroughly conversant, not only
with the engine hut with gymnastics in which
they are so drilled that ladders arc seldom used,
as they boldly climb the highest walls without
their aid. When they receive a command from
their chief, they slop not to ask if it is possible,
hut execute it. They use a species of boat-hook
with a rope attached to aid in scaling walls, wear
copper caps to protect their heads, and each man
carries an axe. The Paris engines are very
large and rough in make, powerful enough to
throw a large stream of water over the highest
houses. Amateurs arc not suffered to embarrass
the firemen —upon the first alarm, a regiment of
troops from the first station hasten to the spot,
surround the building and none sa.e the firemen
are allowed to pass.
Early on the morning of the 4th the extensive
Flouring Mills and Cotton Factory belonging to
Mr. A. Caldwell, at Lexington, Ky., weredistroyed
by fire. It is supposed to he the work of an
incendiary. The loss is estimated at 30,000.
Insurance $ 10,000. About a year ago the
mills on the same spot were destroyed by fire.
Fku severance.—“ Sir,” said a creditor, en
deavoring to collect a hill. “ Can you not name
a time when you will be ready to pay it V
“Now, my dear follow, don’t as troublesome
questions. Call to-morrow—call to-morrow.”
“ Call to-morrow !” Sir. I have call d on you
every day for the last eighteen months!”
“ Pet severe, persevere, my dear fellow ; perse
verance i» the moat valuable of virtues !”—Pic
ay nne .
Letter
1 a P or,inn <f Ihe Representatives of the
Male of Georg, a , in the twenty-sixth Can
press ij the United Slates to the Governor of
Ireorgia , on the controversy between Georgia
and Maine.
Po his Etc. C. J. McDokai.ii,
Governor of the State of Georgia:
Sin: V\ e, the undersigned, Representatives of
the State o( Georgia in the twenty sixth Con
gress of the Unit'd States, have the honor to ac
knowledge the receipt of your excellency’s com
munication of llieSih of January last, covering a
preamble and a series of resolutions adopted at
the late session ol the Legislature of Georgia
and approved by your Excellency,
In the carelul and respectful consideration
which the undersigned have given to the pream
ble and resolutions, we have experienced some
embarrassment in determining what arc precisely
Jhe wishes of the Legislature on the subject.—
I he preamble would seem to have exclusive re
fere nee to the great and important question now
pending between the States of Georgia and Maine,
respecting the demand which has been made by
the Governor of the former .State upon the Gov
ernorot the latter, tor Ihe delivery of certain fu
gitives from justice, who, after having committed
a crime against the laws of Georgia, have taken
refuge in Ihe Slate ol Maine, and which is ex
clusively provided for in the 2d clause, 2d sec
tion, 4th article of the Gonstitution of the United
Stales. Pile first resolution, however, declares
that the statutes ot the United States which have
been enacted to carry into effect the latter clause
of the 2d section, 4l’h article of the Gotta itution,
are wholly inadequate to,he object. The second
resolution declines that those statutes should he
so amended as, first, to authorize the demand, in
the cases contemplated, to ho made upon the cir
cifit judge of the United Slates having jurisdic
tion in the State wherein such fugitive may ho
found; secondly, to require that such judge, upon
such demand being made in due form of law,
shall issue his warrant , to lie directed to the mar
shal of,the United Stales in the State wherein
such fugitive may he, requiring his arrest and de
livery to line agent duly authorized to receive him;
ami, thirdly, to require such marshal forthwith to
execute the same. As these two resolutions
would seem to refer exclusively to the latter clause
ot the 2d section, 4th article of the Constitution,
which provides exclusively for the re-delivery of
persons held to service and labor in one Stale,
who have escaped into another State, and which
hitter clause is the 3d clause ol the 3d section of
the 4th article, these two resolutions would seem
lobe wholly unconnected with the subject-matter
of the preamble, and to have exclusive reference •
to amendments to the 3d and 4th sections of the
statute of T2th February, 1793, which sections
carry into effect the latter or 3d clause of 2d sec
tion, 4th article, which provides for Bleariest and
restoration to the owner of fugitive slaves, and
not to the Ist and 2d sections of the same stat
ute. which ate intended to carry into effect the 2d
clause of the 2d section of the 4th article which
have reference exclusively to the arrest of fugi
tives from justice, and is the subject-matter of the
preamble.
By the third resolution tho Representatives of
Georgia in Congress are requested to have the act
ol Congress, passed 12th February, 1793, to car
ry into effect the 2d section of the 4th article of
the Constitution of the United .States, (which is
the act we have above referred to,) so amended
as to make it obligatory on the said district judge
to surrender any person who may bo found in
any State or Territory, and who is charged in
any other State or Territory with the commission
of any act which is constituted a crime by the
laws of said State or Territory, where he is so
chargeii, to the executive authority of tr.e Stale,
or Territory, whore the offence is alledged to have
been committed. The amendment contemplated
by this third resolution, clearly refers, to the Ist
and 2d sections of the act of 12th February, 1793,
which sections were intended to carry into effect
the 2d clause of the 2xl section. 4th article, and
is therefore in entire accmdance with the subject
matter of the preamble; but still it leaves a doubt
whether tho Legislature desired that the power
contemplated by the proposed amendments should
he vested in the district or the circuit judges of
tho United Stales.
The undersigned have made t.-ese remarks,
not with 11 view to criticise tho resolutions of the
Legislature, but to relieve the Argument which
we arc about to present, and tho conclusions to
which we havecorne, from any embarrassment or
misconstruction, which, from the doubtful inten
tion of the Legislature, as it appears 011 tho face
of the preamble and resolutions themselves, might
hereafter arise or be created. Combining the
preamble with the knowledge which we possess
from other sources, of the intention of the Legis
lature, we do not doubt that, by these resolutions
the Legislature of Georgia desires to procure
such amendments as these resolutions specify, to
be made to the Ist and 2d sections of the act of
12th February 1793, which provide fir the
arrest of fugitives from justice, fleeing from one
State into another; which sections wctc intended
to carry into effect the second clause of the 2d
section,4th article, and not to the 3d and 4th
sections of the same statute, which provide for
the arrest of fugitive slaves, and were passed to
carry into effect the latter or 3d clause of the 2d
section of the 4llt article of the Constitution, to
which last the undersigned by no means intend
to apply any of the remarks which they are about
to make. The 4ih resolution requests that the
Representatives of the Slate of Georgia in Con
gress will endeavor to procure such amendments
of the statutes in question as, in their judgment
will be best calculated to effect the desired object.
This lust resolution, notwithstanding the specifi
cation of particular amendments in the preceding
resolutions, would seem to leave it entirely in
the discretion of the Representatives to propose
such amendments as they in their judgment may
deem best calculated to effect the objects of the
Legislature.
The undersigned have reflected long and deep
ly upon the subject of these resolutions. They
arc fully aware of its magnitude and importance,
not only to the safely and security of the slave
properly in Georgia, but to the future peace and
welfare of all the Slates, and to the preservation
of the Union: They are at all tunes ready and
willing to respond to the wishes of the Legisla
ture of Georgia, when they can do so without a
sacrifice of that higher duly which they owe to
their constituents. They fuel fully the weight of
the responsibility which has been imposed upon
them, but they assume it fearlessly, from a con
viction that it is a duty which they owe to a gen
erous and confiding people, and regutdlcss of con
sequences to themselves.
In arriving at the conclusions to which they
have come, Ihe undersigned have considered the
requirements of the resolutions of the Legislature
in a two-fold view: first, as to the constitutional
power of Congress to legislate on the subject la
all; secondly, as to the constitutional power ot
Congress to vest the proposed powers in a
district or circuit judge of the United States,
and the expediency of making the proposed a
ni i . , .... - i_, -
mendments to the act of 12th February, 1793, or
any other amendments by which the Stales of (hi*-
Union respectively, nnd especially the slave-hold*
log States, shall be deprived of the full end abso
lute exercise ol that high sovereign power, exist
ing before the Constitution, and recognised by
that instrument, of demanding the delivery to theip
authorities ol those who have violated their penal
laws, and have fled for protection and immunity,
to the jurisdiction of another Slate.
In examining these important and difficult
questions, the undersigned will take them in the
order stated above, and will proceed, first, to the
inquiry, whether Congress has the constitutional,
power to legislate on the subject at all 1
J'hat the Federal Govermcnt is one of limited
jurisdiction, and that it can exercise no power
which is not expressly granted by the Constitu
tion, or which may not he necessary and proper
for carrying into execution the [rowers expressly
granted hy the Constitution, is not only declared
expressly by the tenth amendment, but so uni
formly insisted upon hy the people of Georgia, as
to have become the polar star to which they look
for the safety and security of all their rights, civil,
as well as political. What are the [rowers ex
pressly granted to the Congress of the United
Slates 1 Those are (or the most part contained
in the Stli section Ist article, and are so distinct
ly prescribed and set forth, that they cannot be
mistaken or misconstrued. Among these no
power is to he found, by which Congress is au
thorized to make any law hy which fugitives from
justice, fleeing from one State, siall Ire arrested
in another Slate. Wo assume such to be the
fact, without going into a detail of the powers
therein granted, and we do it without fear of con
tradiciion. Uy the last clause of the said section.
Congress is empowered to make all laws which
shall he necessary and proper for carrying into
execution the foregoing [rowers and all other pow
ers vested by the Constitution in the Government
of the United Stales, nr in any dejrartment or of
ficer thereof. The power referred to, not being
found untong the powers enumerated in the Bth
section as stated, tiro next inquiry is, is it to bo
found in any other section or article of the Con
stitution 1 Not finding it among the enumerated
powers granted in the Bth section, we would, if
it exists at all, naturally expect to find it in that
clause, Ur carry into effect which the Ist and 2d.
sections of the act of 12lh February, 1793, were
passed, and which suotions these resolutions pro
pose to amend* That clause is found in the 2d’
section 4th article, and is ns follows: “A per
son charged with treason, felony, or other crime,
who shall flee from justice and be found in an
other Slate, shall, on demand of the executive
authority of the Slate from which he fled, he de
livered up, to be removed to the State having juris
diction of the crime.” These ore the words of the
clause,and they contain all that is said in the Con
stitution on the subject. The clause is merely
directory to the States, hut gives no power to
Congress to act in the matter, and, therefore, no
power to make any law to enforce it, not can such
power he claimed under the last clausoof the Bth.
section, above referred to; for that clause only
gives the power to make alt laws necessary and
proper to carry into cllect the powers granted.—
So far, then, us this examination has gone, Con
gress has no power to legislate in this matter.
(Jau such power bo found in the 3d article of
the Constitution, which defines the judicial pow
er of the U. Slates 1 Wo say not. The judicial'
powers of the U. States are confined to two class
es ol specified cases. The jurisdiction in the one
class depends upon the character of the case, andl
in the other upon the parties. The general word
“case,” as used in that article, comprises not only
civil cases, but crimes and misdemeanors : the
word “controversy,” refers to civil cases only as
contradistinguished from criminal. If this is not
the true construction, the courts of the United
States might constitutionally have jurisdiction of
all crimes against the laws of the States, for in>
such cases the Slate would be a party. The ju
dicial power is limited, first, to cases in law. or in
equity arising under the Constitution and the laws
ol the United Status. II the judicial power, which
hy the resolutions, the Legislature of Georgia has
conceded to the United Stales exists, it must ex
ist as fur ns the character o the case gives juris
diction in the grant of jurisdiction just cited; for
-is none othoi which can be construed to.
grant it. As between the State of Georgiaand
the indivi lual fugitives from justice, docs the case
arise under the Constitution of the United States'!’
Unquestionably not: it arises under a penal law
of, the Slate of Georgia; the offenceis against that
a w only; and tlio clause of the Constitution is
only directory as to the mode in which the offen
der is to he apprehended and brought to justice.
The case, therefore, as between the. Stale of Geor
gia and the individual fugitive, ikes not arise
under the Constitution. It can arise under no
law ol the United States; for the power of Con
gress is limited to the definition and punishment
of certain specified crimes and offences and none
other, the definition u:ui punishment of all others
being reserved to tho States; and the offence with,
which these fugitives are charged is not one of
these specified offences or crimes. As between
the State and the lugitives, then, the courts of
the United Stales having, under the Constitution
no jurisdiction, and being incapable of receiving
jurisdiction to punish the criminals, the process
contemplated by the resolutions cannot oc neces
sary to enforce their jurisdiction. The right of
the courts or judges of the United Slates to issue
process of any kind, rests exclusively on the ne
cessity of having such power, to pnable them to.*
exercise their jurisdiction, and to carry into effect
their judgments and decrees. Dues such juris
diction exist, admitting the case to be a contro
versy between the Stales of Georgia and- Maine;,
that is. admitting it to be a controversy between
two Stales 1
Without raising an argument as to the chaiac
ter of the controversy, whether it is a controver
sy ol such a character as that it cau be brought
judicially to the notice of a court, without which
a court of the United States cannot take cogni
sance of it, no matter who are the parties, it will
be sufficient for ns to remark that, admitting the
jurisdiction, and thot in whatevei shape, or bc
iHcen whatever pailies, the case may present it
self, all and every of the courts of the 17. States
have jurisdiction, then the further legislation of
Congress, in order to obtain the objects of the
resolutions of She Legislature, would be wholly
unnecessary; for, by-the 14 th section of the ju
diciary act, of 24tb Scptemlier, 1789, now in full
force, it is provided “That all the before-mention
ed courts of the United States, shall have power
to issue all wit-i not specially provided for by
statute, which.may. be necessary for the exercise,
of their respective jurisdictions, and are agreeable,
to tho principles and usages of law.” And, by the
27th section of the same act, it is made the duty
of tho marshal of each district “to execute,through
out his district, all lawful precepts directed to him,
and issued under the authority of the U. Stales.”
And. by the 33d section of the same act, it is pro
vided “That for any crime or oftct.ee against the
United States, the oik rider may, by any justice or
judge of the United States, or by any justice of
tho peace* or any magistrate of the United States,
where ha may bo found, be a crested and i.’npris-