The Hickory nut and Upson vigil. (Thomaston, Ga.) 1833-1834, March 19, 1834, Image 1

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VOL. 1. From the New York American. STANZAS WRITTEN AT SUN-SET. Look yonder ! —’tie a gorgeous sij'ht! O’er all the West the sun is throwing A brilliant stream ofliquid fight. Whose broken waves, still brightly glowing, Roll upwards, as ifblazmg brands Borne through the air by unseen hands, To light the lamps Which burn on high W hen sunlight leaves the vaulted sky. - May it not he that orb of light, Now sinking ’neath the horizon, Is Nature’s Altar—pure and bright— Angels are pouring incense on ? Which goeth up, like earthly fires, Amid the music of their lyres. | To form a halo round Uki brow Os HIM to whom the seraphs how. ©lt! 1 have thought, that those of old Who vainly strove by art to change The baser ores to virgin^old, First cnughtjthe hope, so wildly strange, While gazing, with enraptured eye, , At such an hour, on such a i?ky - They might'have thought alchemic power Had wrought the glorious golden shower ! Imbued with crimson, fleecy clouds Are through the depths of ether driven, As if they were enfolding shrouds Os blessed spirits borne to Heaven. Oh ! it may he they’re angel’s wings Reaming above the offerings Which rise from hearts, like perfume thrown Upon a burning altar-stone. Who has not felt, at such an hour, A wave of thought gush up, and roll, Like passion, with resistless power, Which seemed to break and flood the soul! W'ith such a fee bug, men have bowed And sung their peueans, long and loud, Which echoed through the vaulted shrine, Raised to yon orb they deemed divine. jjr From the Philadelphia Evening Post. Cl a burn County, Oct. 1834. Hale Colurnhy, happy land, If I an't Doctor I'll be hang’d : 1 pukes, I purges and I swots ’em, Then, if they di, why—-then I lets ’em. Dear Daddy— I They’ve got the slickest way of irtakin doctors heer you ever did see—they make cm by steam. Heeriu they’d run a feller thro thare doctor inusheen, aod wood’nt hardly charge him no tole, 1 conklewded I’d cum doun, and get grinded into a doctor. I hardly dont think 1 was in more than 3 ours afore out I cum, as slick a 1 as ever was seen. You must’ent think all the trash was got out neither, because there’s upards of a good dele sticks to most on ent. 1 did’nt no myself hardly when I cum out; my face got as long as n muels; lookm mighty sorry like. I found a big wgkin stilt iu my hand, and the greatest part of my shirt stuck out of my tfriches. So off I walkt, as grave as a buzzard, as sober as an ass, and as wise look in as an owl, and felt very much like I was awl of ern . for to tel the truth, daddy, I did fee Tout of my eUmjnta, a reetie. * 7 Tny marster seut me out to see sum of his pa slients, and the Ist 1 cum to had got the fever. So I ketcht hold of his arm, as my master tole me to do, lookt mighty sorry like for him, and made pretense like I was studuyin; but the man tole me his pulse was on tother side of his arm. I'si mid have been ketcht now sure enuf, if my marster liad’nt tole what to do it I made such a mistake —says I, the reglar doctors teels on this, but we feels on this side : this is a very cute way weve got a foolin cm when we make a mistake. So when I’d felt it long enuf, f asked him to open his mouth, and let me look down his throte ; and he had the highest fever, I think, that ever any creeter did have; twas so big it could’nt all git into his belly, foi I real ly believe I saw its tale! I next askt him how many times he’d grunted since he and been sick, whether he slept with Iris head or heels highest, and whether he dreems purty or ugly dreams. After he’d answered these things to my satifac tion, I began to go to work and give from No. Ito 6, as fast as he could swaller. I had now got up to the top'of the ladder of my lernin, and begun to go down agin; but before I got half way down, yeti -never seed a creeter dye as easy in all your life ; every body said l must be a great doctor bekausc I made him dye so easy : go they all begun to send for me to see cm, and it was’nt long afore sum more of cm had the pleasure of dyen as easy too. My master and me has gone into partnership,’ and we git a heap of business. I always tole you, dndily, I’d cum out a real carccfur sura time another. Twod do you good to see Rob. Ranger &, Killem.-/# stuck up on a piece of hoard marked iu big letters, like youve seen on gide post, making every body stare as they go by it. When you rite to me, daddy,dont forget to put doctor on the. top of your letter, just afure my name. Your lovin sun till doth, a A ROB RANGE IlxTs jyThe following curious. advertisement appears in the Portland Courier., For sale, or to give away.—A good cow n bout 5 years old, that sucks all her own milk, thereby saving the milk maid a great deal of trouble. She will be sold at a bargain if applied for soon, and hay enough thrown in to carry her through the winter. Inquire at this office. J /* It may be made a question whether a period of pure simplicity and innocence ever existed. The poets have been lavish in their description of the golden age ; but the history of mankind has no proof of the fact. An ingenious writer says—Who were those men that lived in so much innocence? The first man who was born in the world killed the When did the times of simplicity begin? jM THE HICKORY NET AND UPSON VIGIL. THE POWER OF RELIGION. Few men suspect—perhaps no man compre hernia—the support given by religion to even virtue. No man, perhaps, is aware how much our moral and social solemnities are fed from this fountain, how powerless conscience would become without the belief of a God ; —how pal sied would he human benevolence, were not the sense of a higher benevolence to quicken it; how suddenly the whole social fabnck would quake, and the fearful crash would sink into hopeless ruin, were th? ideas of Su preme Being, of accountableness and of a fu ture life, to be utterly crushed from every mind. Once let men believe that they are the work and sport of chance; that no superior intelli gence concerns itself in human affairs ; that all their ■improvements peiish forever at death; that the weak have no guardian., and the oppressed no protector ; that secret crimes have no wit ness but the perpetrator; that human existence has no purpose, and human virtue no unfailing friend ; that this brief life is every thing to us, and death is'total, everlasting extinction ; once let men thoroughly abantfcm religion, and who can conceive or describe the extent of the deso lation which would follow ; we hope, perhaps, that human laws and sympathy would hold so ciety together. As reasonably might we believe that were the sun quenched in the heavens our torches could illuminate, arrd our fires quicken and fertilize creation. What is there in human nature to awaken respect and tenderness for man, if the unprotected insect of the day is suf fered to pass unheeded; And what is he more if deism he true ? Erase all thoughts “and fear of God from the community, and selfishness and sensuality would absorb the whole man. Ap petite—knowing no restraint, and poverty and suffering, having no solace or hope—would trample in scorn on the restraints of human laws. Virtue, duty and principle, would be mocked and spurned as unmeaning sounds. A sorded self-inserest would supplant every other feeling; and irmti would become, 11/ fact, what the theory of .atheism declares him to be—a companion for brutes. The way that things are done in Albany. — Among tiie artifices adopted by the Regency in Albany, for the purpose of continuing power in their hands, was the introduction of a pro vision into their Constitution, whereby all office holders hold over until their succsssorare ap pointed. The effect of this provision, is, that so long as they control the Senate, it ?g impos sible to remove any of their party from office. Thus the public printer is not re-elected as in Congress, and iu other States, but holds over, until his successor is appointed ; and he is pub cs. The Senate being a continuous body, one fourth of whom only is elected annually, the whole party machinery is put in requisition to retain the ascendency iu that body. And it is apparent that tire party, or rather the office holders who live by the management of the par ty, and whose immense speculations in stocks, jobs, aud offices, would be defeated by neglect ing to secure a permanent majority in the Sen ate, will not permit the popular will to disturb their plans. None but the creatures of the Re gency can enter that body, and the districts are arranged with that view. An attempt was made to introduce the sarpe control into the Legislature of Georgia, which was defeated last year by the votes of the peo ple ; and the same attempt is now in progress in Pennsylvania, North Carolina, and Tennes see. We would admonish these States to look well to the objects of the leaders, who are agi* tatintf the call for a constitution. If the eoii stitupon of these States require amendment, let it bedone ; hut be careful that an opportunity of amending defects, is not used, by the parti sans <of the Albany Regency, for the purpose of introducing new and dangerous powers, cal culated to create central juntos in these States, vvlionre to become branches of the great power at Albany, which seeks to control the destinies of this country. As an instance of the manner in whidh things are done iu Albany, we quote the folhaving from the Albany Daily Advertiser ; il jThe Red Rook. —ls will be seen by the As*mbly proceedings, that the ‘ Red Rook\ fur ished by the State printer, has been sent bat t to him, for the reason that it docs not cor :nin what was called for by the resolution req testing it to be furnished. It appears that Ts its printed two years ago , and after the pas sa/e of the resolution this winter, was hand- bound with a new title page, on the sup position we presume, that the members would •f.<id than was contained in that page. Is this the manner in which the State printer usually performs the State work V* “ Tho spirit of encroachment tends to consolidate the powers of nil the departments into me, and thus to create ivhatever the form of government, a real desfotiu. — Wash ington's Farewell Address. The truth of the above sentiment will not be questioned by any one, who has been an attentive observe! of the history of our gov eminent. It has been fully exemplified in a variety of instances, and the convictions of its importance, has eter excited the fears, quick ened the exertions, and increased the vigilance ofthose who regairj our government as being one of limited and delegated powers. Believing that there is in it, a natural proclivity to consol idation, and that every encroachment upon the CRACK IT WHO MAY, IT WILL BE DISCOVERED TO BE SOUND TO TIIE KERNEL. THOMASTON, GEORGIA, WEDNESDAY, MARCH 19, 1834. constitution, but facilitates the amalgamation of its powers, the State Rights Party, have al ways resisted in limine , tliie first invasion on the sovereignty of the States* In some cases, the march of usurpation has! been stayed, and in others, after the assumption of the power had been recognized by legislative action, the peo ple, true to themselves, toltheir country, aud to liberty, have in the mnjestjf of their power, and the sovereignty of their will, corrected the abuse and restored and confirmei) the constitution and the Union. “If.the spirit of encroachment tends to consolidation, and produces, whatever the form of government, a seal despotism,” it is undoubtedly the duty of all, who prize our in stitutions, and appreciate ohr liberties, to resist every assumption of power, and oppose every infraction of the constitution. Let us ponder well the declaration of the Father of his Coun try. It is fraught with instruction, and in these days of reckless usurpation, will teach every man his duty.— Washington Nezos. From the Alabama State Intelligencer. Mr. Webster’s Report. —The Committee on Finance, in the Senate of the United States, of which Mr. Webster was chairman, have made a report on the subject of the removal of the public Deposits, from the Bank of the U. States. The report assumes the position admitted by the Secretary of the Treasury, that thtf act in corporating the Bank of the United Spites, is a mutual contract, between the goverupent and corporation For the privileges conferred on the corporation, it was to pay the sum of $1,500- 000, and give the necessary facilities for trans ferring the public funds from place toplace, and distributing the same ill payment to public creditors, without clwtrging commissions, or claiming allowance 011 account of difference of exchange, &c. : and among the priviles con ferred on the corporation was that of having the custody of the deposits of the public money, unless the Secretary of the Treasury should otherwise order and direct, in vhiefi event he was to report his reasons for such order to Con gress. The report regards it ns undoubted that this custody of the deposits was one of the ben efits, for which the Bank paid Ihe money and agreed to perforin the services; and that to this custody the Bank has a right, unless causes have arisen sufficient to justify the Secretary in the removal. It is not admitted in the report that the Sec retary has unlimited discretionary power on the subject: If he had, it is contented, the require ment that he should report his reasons to Con gress would be unmeaning. It is maintained that the power conferred on the Secretary is a transfer from place to place aip the exigencies of the government might require. If, accord ing to the doctrine of the repilrt, the deposits, in the opinion of the Secretary were unsafe, or the necessary transfers were not made, he had a right to make the removal, subject to the opinion of Congress. If they have been icemoved without good reasons, the rights of the it is main tained. have been impaired. The right of the Secretary to look for reasons ijifo the general welfare of the country, the over discounting or under-discounting of the Bank,'the conduct of that institutiou in regard to the bi/1 on the French government, and the like, is hfld to be desti tute of all rightful foundation. It is shown that the Secretary has not been made by law either the guardian of the general welfare of the Un ion, or the manager of the Bank l^ As to the reason offered by the Secretary, that the time draws near when charter mus 1 expire, the committee think this is a matter for Congressional consideration ; as three sessions of Congress were to intervene before that time, the Secretary might have safely left that matter with that body. They also contend that the Bank, under the charter has a right to the cus tody of these deposits for the whole—and not a part merely-—of the time of the Charter, unless for sufficient reasons, the Secretary should oth erwise direct. The approach of time when the charter would expire, it is contended, could not constitute such reason for removal. It is also slibVn in the report that the conduct of the Secretary in this respect is contrary to the prac-’ tice of the government heretofore, when the af fairs of the former Bank of the United States were drawn to a close. In speaking of the charge that “ the Bank has used its means with a view to obtain politi cal power,” the report says that'the very state ment of such a charge as a reason for removing the deposits, is calculated to excite distrust in the-wisdom and propriety of that measure.— This is a charge, it is.said,, toovague and gen eral to be either proved pr disproved ; and it might be made at any time, by any Secretary against any Bank. In reference to this charge it is inquired, if unlimited power be conceded to the Secretary to. -inflict penalties on the Bank for supposed political motives in acts legal in themselves, where is the security tlvat he may not be found acting under the same impulses which he imputes to the party accused ? In ref erence to this charge the report says, that the Bank was certainly much interested, in certain accusations which had been brought against it, and which became subjects of public discussion during the pendency of the election referred to by the Secretary. It had been charged with great misconduct and gross violation of its char ter; which accusations must undoubtedly have called 011 the directors for an answer. “If made before Congress, they weie to answer be fore Congress ; if made judicially", they were to answer in the courts ; if made in an official and formal manner, and in .that manner sub mitted to the judgment of the country, the directors were bound to meet them before that country, by every fair use of fact and argument, not only for the purpose ofdejfending themselves, the directors, but for the* higher purpose of main taining the credit of the Bank, and thus pro tecting the property entrusted to their care.” It is admitted, that if they carried the contro versy beyond the just measures of defence, they were much to blame; but it is not admitted that the Secretary is constituted judge in this matter, or that he had any right to remove the deposits because the conduct of the Bank in this respect, may not have conformed to his na tions of propriety. All the reasons offered by the Secretary are taken up severally by the committee, and repli ed to in the report in a very dispassionate and lucid manner. The.report offers not much that could be said to be new in argument to those who have read the speeches which have been published on this subject: the arguments however being free from invective, are present ed in a form that to the minds of many might be more convincing than as presented .by tin* speakers. TJIO committee come to the conclusion that Jho reasons of the Secretary are wholly insuf ficient <0 justify the measure of the removal of the deposits. They therefore recommend the adoption of the resolution offered by Mr. Clay, to that effect. They also express the decided opinion that the immediate cause of the public distress was this measure of the removal of ihe deposits, in connection with the man nor in which it was made. The report does not enter on the question as to the part the President took in the matter, ft forbears to agitate the question as to the right of the Secretary to interfere with the money already in the Bank, ns well as that which is still to be deposited. It also leaves unconsidered the propriety of the measures of the Secretary in regard to the deposit banks, confining itself to the removal of the deposits, the reasons as signed for the measure, and to the consideration of its immediate consequences. REMARKS OF Mll. GILMER In relation to the Death of Hardeman Owens. Mr. GILMER said that he desired to state why he felt it his particular duty to bring before the House for its consideration the subject of the tesolutiou which he had offered for its adoption. The friends and relations of Col. Owens were Ovvens was himselt a native of the county of Oglethorpe, in Georgia, the place of Mr. G’s. nativity and residence. His grand fatliei and grand mother were yet living m that county, and were most respectable and excellent people. Two of the members of the Legislature from the county of Oglethorpe, and the acting Sheriff of that County, are hts near relations. His father was an officer during the last war, commanded a company from the county of Oglethorpe, died iu the public service in the expedition against the Creek Indians, in 1812, and lies buried in the Creek Territory, not very distant from the place of his son’s death. Col. Owens was, in 1830, elected by the Legislature ol Georgia to survey a part of Us public lands, and Mr. G. said that an attempt had been made to remove pub lic odium from those by whom Col. Owens was put to death, by aspersing his character. He said he bad been surprised at the statements he had seen upon that subject. Mr. G. said that during the last summer he had stopped at the house of Col. Owens, on his way to Alabama, and also, on his return. He had then under stood from Col. Owens, that he had the prospect of an exceedingly productive crop; that it had been cultivated principally by his Indian neigh bors, whom he hired for that purpose, and that he had contracted forlndian services sufficient to secure for himself a very valuable tract of land. Mr. G. stated that ho had made constant in quiries as to the situation of the Indians, and their treatment by the whites; that he had seen Owens in the company of a large number of In dians not very distant from Owens’ residence, and that he conversed freely with them, and that he had heard no complaint against him as an intruder. This was a few weeks before he was put death, and near 12 mouths from ins first removal into the Creek territory Mr. G. sta ted that after the death of Col. Owens he had received a letter from his widow, requesting him to apply as her friend to the President for re dress for the injury she had sustained: that he had applyed to the- President, through the Se cretary of War, and that he had received an an swer that precluded even the hope that her com plaints would be attended to. Mr. G. stated that Mrs. Owens had a family of children, and was unfortunately subject to occasional mental derangement, which made it necessary that she should be often under the'care of others. It was, indeed, difficult to imagine a case better calculated to excite the sympathy of others than that of Mrs. Owens. Her husband killed, a family of small children, dependent upon her for support, subject herself to a most afflicting dispensation of Providence, in a wilderness country, surrounded by savages, without friends, deprived of her property, and driven from her home by an armed soldiery, and turned oCit op jon the world to be sustained by charity. Mr, jG. said, he owed it to the widow, her children, | and their relatives, (he was, perhaps, under a still higher obligation to the country,) to institute, if possible, through this House, some inquiry into the condition of those by whom Owens was put to death. The account which lie had seen published was, that the life of Col. Owens had been taken by a party of regular soldiers, acting under the immediate orders of the Deputy Mar shal of the Southern District of Alabama, who, it was alleged acted under instructions from the President of the United States. Is it scarcely consistant with the character of our free institutions, that the regular army should be employed to enforce the ‘commands of the Executive Department in time of peace, against the life of a citizen. When it is so employed* both the law and urgent necessity must unite to justify the act. Is it not the duty of the House of Representa tives, as the grand inquest of the nation, as the guardian of the rights of each of its citizens, to inquire whether the death of Col. Owens can he thus justified ? And if it cannot, that it take care that the violated laws of the country be am ply vindicated? Mr. G. said, that he desired to know whether the Deputy Marshal, of Alabama had bad any warrant for the arrest of Col. Owens; and if he had, by whom it was given I What was the crime with which Owens was charged, and the evidence upon which the charge was founded I By the fourth, fifth, and sixth articles of the amendment of the Constitution, it is provided, that the right of the People to he secure in their persons, houses, papers, and effects, against un reasonable searches and seizure , shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation —and particularly describing the place to be searched, and the persons or things to he seized. No person shall be held to answer fora capi tal or otherwise infamous crime, unless on a presentment or indictemcnt by a grand jury. Ex cept in cases arising in the land or naval forces, or in a militia, when in actual service, in time of war or public danger;) nor shall any person be subject, for the same offence, to lie twice p* t in jeapordy of life or limb : nor shall be compel led, if any criminal case, to be a witness against himself; nor be deprived of life, liberty, or pro perty, without due process of law : nor shall pri vate property be taken for public use, without just compensation. In all criminal prosecutions the neeured shall enjoy the right to a speedy and puhhe trial; by an impartial jury of the State and Diiirret (H|in thecrijne. shall have* L.- t, ci -'iuzliit;. have been prev;ou:v named by *ts*Tand to be inf. fined tin- ra-ure *d vdf lire accusation; to he cmitronu-i with the against him; to have c- -ru isc y prnt ss fqr obtaining witnesses tn his favor; ..,;d to lave the assistance of council for his defeutc. Mi. G? said, that the Constitution w mjid riot have been adopted, as originally proposed to lire Slates, but-for the strongest assurances upon t.-.o part of its friends that these articles, or others of similar character, would be adopted r.a amendments to rt for the security of the person al rights of individuals. He said that it was n>t his purpose, nt present, to pronounce upon the death of Col. Owens, whether he was murder. .1 or not, or to assert that those by whom he v ns put to death were guilty of any offence. Tiie object of the inquiry was to ascertain the so that the House might form a correct judge ment upon that subject, and be enabled to de termine whether any or what future proceedings ought to be had in relation to it. Mr. G. said that tire second part of the reso lution called for-any information, in possession of the Secretary of War, upon the subject of die obstruction of the process of the Courts of Ala bama, (issued for the purpose of trying those by whom Col. Owens was killed,) by the officers of the United States, was (mediately connected with the first, and was equally necessary for pre serving the authority of the laws, if the facts as they bad been understood, should prove to be true. The facts were understood to be these That, upon application being made to the com manding officer of Fort Mitchell, (where the soldiers were stationed who were charged with the murder of Col. O.) for the means of serving writs of subpoena upon the soldiers who were supposed to be cognizant of the circumstances attended upon Owens’ death, the aid asked for was not given, and that, after a true bill for murder bad been returned by a grand jtry a gainstone of the soldiers, he was suffered to leave the garrison and that part of the country, so as to avoid a trial. Mr. G. said, that he could not vouch for the correctness of this statement of the facts, nor was it necessary, as he had no doubt but that the Secretary of War had it in his pow er to answer this point of the inquiry fully. If the officers of the regular army stationed at Fort Mitchell had refused to aid, or even neg lected to aid, the officers of justice in arresting a soldier under their command, charged with the crime of murder,they had themselves committed a gross violation of the rules and articles of war ns established by law. By the 33d Article it is provided, that, when any commissioned officer or soldier shall be accused of a capital crime, or of having used violence, or commited any of fence against the person or property of any citi zen of atiy of the United States, such as is pun ishable by the known laws of theland, the com manding officer or officers of every regiment of troops, or company to which the person or pejs ISO. 45.