The Hickory nut and Upson vigil. (Thomaston, Ga.) 1833-1834, March 19, 1834, Image 2

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KHia so accused shall belong, are hereby reqillr uibm rtpplioauon duly iniidc by* r *“ half of, the party or parties injured, to use their endeavors to deliver over such necused ix.raon or persons to the civil and likewise to he aiding and assisting to the officers t ,f justice in apprehending and securing the per son or persons so accused, in order to bring luni or them to trial. If any commanding officer or officers shall will fully neglect, or shall refuse, upon the application aforesaid, to deliver over sueli accused person or persons to tire civil ma gistrate, or to he aiding and assisting to the of-: fleers of justice m apprehending such person or persons, the officer or officers, so offending, shall be cashiered. The House would at once per ceive the importance of the information asked for by this part of the resolution. The third clause of the resolution asked of the Secretary of War for the correspondence and the orders which had been given for the re moval of the prosecution against those by whom Go!. Owens was killed, from the Courts of Ala bama to the District Caurtsof the United States. Mr. U. sud he held in his hand what purported to he copies of communications from the Secre tary of Wa;* to the Governor of Alabama, to Francis B. Key, Esq. to Mnj. Mclntosh, com mander at Fort Mitchell, and to Jeremiah Aus tin, Deputy Marshal of the United States Dis trict Court in Alabama. These communications show"that the Execu tive Department of this Government had ap pointed a special agent, with directions to in terfere so far with the execution of the laws of Alabama, and the appropriate duties of the Ju diciary Department of this Government, as to endeavor to remove the prosecution of those Ch irged with the murder of Owens from the Courts of Alabama, where the prosecution was then pending, to the Courts of the United States. To control the jurisdiction of a State over per son- 1 charged with the commission of crimes within its limits, was the assumption of a higher power than had yet been exercised by this Go vernment over the States. This was, indeed, the first attempt which had been made to enforce the law, passed at Hie last session of Congress, called the Force Bill. Mr. G. said he hoped that the time had arrived when the members of til;s House, and the people of every part of our country, were ready to unite with him in the fer vent wish, that this may be the last attempt to enforce the act. And that this excrescence upon the body politic, which had been thrown out from the exuberant feelings excited by the late collisions between the General and State Go vernments would soon be cut off. It is a most striking fact that, in this effort of the Executive Department to avail itself of the powers‘conferred upon it by the law alluded to, (extraordinary as those powers were,)its authori ty had been greatly exceeded, and, indeed, en tirely misunderstood. The Secretary of . War, in his letter to Major Mclntosh,says: “ I inclose a copy of the 7th section of the act of Congress, passed 2d March, 1833 entitled ‘An act further to provide for the collection of duties on imports,’ which makes ample provision for taking from the Htate tribunals, and carrying before those of the United States, all persons prosecuted for those proceedings.” the House would find, that the 7ih section referred to instead of giving the power under it by the Secretary of War, only auKrtfcs the Courts of the United .States to disch#g?rby writs of Habeas Corpus those who might he ille gally imprisoned for acts done in pursuance of the laws of the United States. The Executive Department had no legal power whatever, not even by tiie Force bill, to remove prosecutions for cri.nies pending in the Courts of the States to the Conns of the United Stales. He would not now attempt to show that no de partment of this Government—that the Govern ment itself—had no such power; because it would be foreign to his present purpose. He sn -i that, without going into any discussion what ever of the principles connected with this part of the resolution-, tie would refer the House to a decision of the Supreme Court of New York, which determines the extent of the jurisdiction of the State Courts over some committed within th * limits of a State, and not within any place Ceded by the State to the United Slates. The title of the case is The People vs. Godfrey. The principle decided by that law is this: “ The right of exclusive legislation or jurisdiction within the limits of any of the States, cart he acquired by the United States only by purchase of territory from the States, for the purposes, and in th** mode, prescribed by the Constitution of the United States.” Mr. G. said, that he felt himself obliged to sav tins much in explanation of the resolution which he had offered. He believed it was only necessary to c.dl the attention of the House to the subject embraced within it, to justify every member of the necessity of some investigation in relation to it. For the Secretary of War, Mr. G. expressed gre t respect. FJe said that lie thought the Go at -rment owed it to itself,as well ns to the coun try, so make this inquiry. He hoped, whatever ntuy have been the conduct of its subordinate officers, that those high in authority would be found not to have wilfully participated in the vi-. o! at ion of the rights of the people. Mr. G. said, in condnsion, that he considered the subject of great importance, on account of the principles involved in it; hot that he did not feel himself at liberty to discuss those principles in the present stage of the investigation. COLONEL CROCKET. We see by the National Intelligencer, that the Colonel ha? been nominated for the Presi dency. We shall not, at present, give our o piiiion as to his prospects of success. Weshall J, t ave that until further demonstrations are made by his friends —and, like the Vice President, sijriJj be non-committal on that point for awhile. Tins much, however, we can say 1 , that, if we have the Colonel for President, we shall have an honest one; we shall always know where to find him; he will march straight ahead, and leave a fair track behind him. He will not dougcuml dodge, and twist and twist, and shift and change, and, when he moves, raise the grass behind him to -hide where lie has beeiu No, indeed, we shall find nothing of this kind in the Colonel; and we are pretty sure that one of his first Presidential acts would be to kick the Kitchen Cabinet out of the Palace. Wash. Tel. Correspondence of the Charleston Mercury. Washington, March 5. The petitions ami-memorials are still coming in ; and the people ought boldly and vigorously to state their grievance, denounce the usurpa tion of the President, insist upon a rigid adhe rence to tiie Constitution and the laws, and res cue the public purse and the public property from the rapacious hands of an arbitrary des pot. The people ought to flock here, and de mand, not petition for, their rights, to tell the tale of their country’s sufferings, and to enforce and redress, not patiently to submit to the im perious dictates of an avaricious and sangmnhty tyrant. So long as the people are disposed to beartthe tortures -of Presidential experiments , the crticible will lie held in readiness. Let them come in to the constituted authorities; let them come in files, platoons and regiments, and the arrogance of Gen. Jackson will shrink before the thunders of popular indignation. He is only bold when he thinks there is no danger, but let him once see the gathering storm and he is as nervous ans an old woman, f repeat jt, if the committees come and press the condi tion of the country on his attention, he will feel hound, if not through sympathy, at lesst fear, to arrest the progress of the impracticable and ru inous experiments on the source of national pros perity and individual happiness. There has not been much interest in the de bates in either House to day. Mr. Frelinghuysen made some very happy fbmarks on presenting two memorials from the State of New Jersey, urging on Congress and the Executive the restoration of the deposits, or in their own language, that they shall be placed “in statu quo ante helium.” They described the country as in a high degree of prosperity when Jackson commenced Ins experiments on the currency and credit, but that now labor is unemployed, produce cannot be sold, unless at a ruinous sacrifice, and the indications of the future are of the most gloomy character. These petitions, Mr. F. said, came from good old fash ioned democrats of the Jeffersonian school, a class of politicians for whose doctrines those now in power, affected, at least, some time ago, to have great respect, and by which they pre tended to he influenced by their political acts. But though they were democrats of the ’9B school, they did not denounce all who differed with them merely on one point of public policy. They believe that men may differ from them on some points, and still he entitled to the common courtesies of life—and still be honest and patri otic in their motives. There were several oth er petitions offered by Mr. McKean on the same subject; but there was not much interesting discussion. Mr. Poindexter’s resolution call ing on the committee on Public Lands to in quire into the causes of the short notices given by the President for the sale of the public lands, and giving them power to send for persons and papers, was discussed with some animation. Mr. firumfy wnt* itcstioiio m nave it amended, and that the charges against the land officers should he specified before the resolution passed. Mr. Preston was in favor of giving to the com mittee full powers to act on the subject accord ing to their discretion; suspicions had been aroused, and upon strong grounds too, against the official conduct of those engaged in the dis posal of the public lands ; and it was due to the country and to the officers themselves, that the matter should he thoroughly investigated. From the Richmond Whig. EQUALLY TRUE AND ALARM TNG. The minority of the committee of Ways and Means in the House of Representatives, Sus tain the Bank of the U. States in its refusal to resign the custody of the Pension Fund, hooks and papers illegally required by President Jack son. One sentence of their report we recom mend to the solemn consideration of the Peo ple. It is in these words : “ At the present moment, the whole revenue of the country is possessed by persons whom Congress have not approved, whom they do not control, whose solvency they cannot ascertain, whose fidelity they cannot secure, whose use or abuse of the treasure is a matter for which these persons are not accountable to Congress, or to any person appointed or removable by Con gress.” These persons are those who control the State Banks—we forget how many there are chosen as the new depositories—and chosen at the recommendation of Mr. Amos Kendall , of all other persons ! Many of these banks are obscure. Many of them have never been heard of, by 19 20ths of the people of the U. States. Nay, since they have been heard of in their new vocation of keeping the public money, their names passed out of the general memory. The people know nothing of the amount of their capital—know nothing of their solvency—know nothing of their directors! Underthese circumstances, what losses will be sustained, what pillage and plunder will be_ committed, how the goose, Uncle Sam, will be plucked, it is easy to forsee. Will the Hero and Amos make good the amount which the public will lose by their presumptious inter meddling ? But this is not the serious view of the ques tion. The loss of half a score of millions is nothing in this great country, and we have al ready expressed, and now repeat the hope, that it may be lost, and quickly, we as believe that would be the most effectual and certain means of arousing the people from the sleep of death. The serious view is, that the public money is no longer actually, or constructively, under the control of Congress—that it has been taken possession of by the Executive, and placed in the hands of those irresponsible to the Repre sentativcs of tiie Pcoj/ie —1 hat the laws liavt been set at nought—that the cardinal doctrine of free governments, that he who wields the Executive power sjiall not also hold the money, founded upon the melancholy experience of Republics that have Existed is violated. Can this he submitted to longer than it shall be made manifest that Gen. Jackson does not mean to surrender the power he has usurped ? Until then, remonstrance, entreaty, pacific ex ertions to obtain redress, alone become the people. If Congress adjourn without being successful in resuming their rightful control over the public treasures, and reinstating the supremacy of the Constitution and laws—when it becomes obvious that a revolution has been wrought in the form of government and that the President has consolidated in lus own per son, those powers wlwch constitute n despotism —wheh it is no longer doubtful that the usurpa tion is consummated, and the change intro duced is to be permanent, and the Executive permanently to retaiij his sway over the treasu ry of the public —then we presume, not the voting and ardent ony, but the grave, the con siderate, and the refecting, will seriously en quire into the propri ty and the honor of peace able submission to such a state of things. Stick a government is unquestionably not that which our fathers fought hiW bled for and bequeathed us. It is no republican government —no more so than the Roman Republic, which was still so called under the bloody tyranny of the Caesars. Let Congress adjourn without festering the equilbrium of the Constitution—let distress multiply and increase, as it must and will in tuat event, and in six months the clangor of arms and the voice of battle will resound in tin land. When the same blow reduces a grent, free and brave people, to theoretical, soon to become practical slavery, and deprives them in multitudes of the means of subsistence, reason cannot demand of them passive acquiescence, or humanity remonstrate at their seeking re dr ss by qny means- It Andrew J ckson per severes iriihis experiment —this year will wit ness tiie revolution of this Union into its origi nal elements —we believe it most firmly. Prophecy nearly fulfilled. —The feder alists of this quarter, although indignant at the course pursued by Gen. Jackson in reference to the public deposits, console themselves with the reflection that the prophecies of Fisher Ames and the other leaders of their party in 1798, h ve, as they say, been nearly fulfilled. It was predicted in that day, that in process of time democracy would run mad, and, losing sight of principles , would become transformed into a blind and degrading servility to men, which would terminate in the concentration of all pow er in the hands|of some popular military chief ain, who would erect a monarchy upon the ruins of liberty. The events-in Franco at a subse q ent period, when Bonaparte, from professing great devotion to republicanism, assumed the title of First Consul, and afterwards Emperor, strengthened their opinions. The recent meas ure of the Dictator at Washington, has confirm ed them, and we do not wonder at it, tor we have no hesitation in saying, that if Congress has not self-respect and independence enough to maintain its own rights against Executive UMtl T ViilarLinurn ailXO fllfL. and pronounce the experiment of self-govern ment a failure. Tl|£ sooner we know the worst the b. tter. If oijg President be allowed to have the sole control of the public Treasury, because he is “ an old Roman,” why may not another “ old Roman,” q Nero, a Caligula, a Helio gabalus, at a future day, seize upon it as sanc tioned by precedent, and apply it to the cutting of our throats? Such will be the inevitable is sue, and awful as is the contemplation of it, it cm a not he denied, that to democracy run mad will be ascribable all the consequences. ■ Philad. Examiner. From the Philadelphia Examiner. Virginia and the Deposit Question. —The noble stand taken by Virginia on the deposit question, alike consistent with her principles and her high sense .of justice, is calculated to excite our admiration and respect, and to in spire fresh confidence in the durability of our institutions. Had a majority of her Legisla ture shown themselves as recreant to the cause of liberty and of the vital spirit of the constitu tion, as did the Legislatures of Maine, New York, New Jersey and Ohio, we should have considered all as lost. It is not possible that die Federal Government can be be maintained under such a construction of the Executive pow er assumes, and it is lor this reason that every rebuke from a truly republican source, is to he regarded'ns the harbinger of that change of popular sentiment, which alone can save jjie country from a sanguinary revolution. Oppo sed as Virginia alwas hg.s been, upon constitu tional grounds, to a federal bank, she has nev ertheless not permitted herself to be entrapped by the detestible fraud attempted to be played off upon the prejudices of the people, of repre senting a denunciation of usurped power, as a manifestation of feeling in favor of the Bank. The contrivers and propagators of this fraud, know full well that the questions are distinct, and that they.jQijght to be kept distinct, but feeling the perilous situation in which their par ty has been placed, by their idol’s meddling with matters he did not understand, they have resorted to the artifice of appealing to the pre judice and igtiorance of those, who think that the Bank ought to be destroyed, even by a pro cess which overturns the whole republican character of the government. In this attempt, however, they have egregiously failed in this quarter. The number of the friends of the Bank is daily increasing, and should the con stitution remain much longer in its present mu tilated state, public opinion will coerce a re newal of die charter, or the incorporation of anew Bank. Os this result we have scarcely a donbt, and in such an event, the opponents of the Bank will be indebted solely to the mis guided and vindictive course of Andrew Jack ■:>ii, who, bad he permitted the charter to ex pire by its own limitation, as justice and the jniblic faith demanded, would have suffered to fall upon the Bank alone, all the odium that might have attended the public distress occa sioned by her dying struggles. As the vote of the Legislature of Virginia upon this question, being two to one against the usurpation of power,- will be important for fu ture reference, we have inserted in another part of this paper, the yeas and nays on the sepa rate resolutions, as they were taken in both Houses respectively. From rhe Philadelphia Sentinel, WILLIAM WIRT. Mr. W irt was born at Bladensburg, Mary land, on the Btli of November 1772 ; and was the youngest of six children. His father (a Swiss,) died while William was an infant; and his mother (a German,) when he was 8 years old. Being thus an orphan, he was received into the family of his uncle, who (with his wife,) was also a native of Switzerland. He appears to have been kindly treated and encouraged by his aunt, who dividing his talents—bad him continued at the grammer school at Georgetown, despite the pittance left for his education by his parents. Here was also educated Richard Brent, late a member of Congress from Vir gin a. W irt was thence removed to n ; lassie school in Charles county, Maryland, kepi by Hate;: Dentin the vestry house of ‘/port Church, where Alexander Campbell, of Virginia, was educated—of whom Mr. Wirt subsequently said, • some of the most beautiful touches of eloquence I have ever heard, echoes from Campbell which reached us in our mountaines.* From Dent’s school, Wirt (in lus 11th year) removed to that kept by the Rev. James Hunt, a Presbyterian Clergy man in Mantgomery conn ty, Md.—of whose kindness, learning and affa b.lity, his pupil ever retained a grateful remem brance. Wjrt had free access to the library of his tutor, of which he had made a free use.— Having read that Pope constructed sentences a al stanzas f,t twelve years of age, Wirt become, as emulous to rival -him, as Pope himself had similarly been stimulated to rival Cowley. A poetical effoit was his first attempt.—But an in cident occurring whereby he became embittered against the usher of the school, who had unjust ly chastised his pupil—the latter to be revenged wrote an essay on Anger, winch a school mate recited as a scholastic exercise, to the amuse ment of the scholars and the master, but to the annoyance of the usher. This pedant having left the school immediately afterwards, was subsequently involved in difficulties, from which Wirt partly extricated him. While Wirt was at the school of Mr. Hunt, a circumstance occurred which controlled his destiny. Wirt with his schoolmates was per mitted occasionally to attend and hear the plea dings at the Montgomery Court House. Wirt became so fascinated with the eloquence dis played—particularly by a young gentleman, since well known as William H. Dorsey—that he suggested to his school-fellows to have a juvenile court of their own ; for which he pre pared a constitution and a body of laws, pre facing them in his report by an apologetic letter for himself In this Lilliputian Court, he siiorie WirParrived at his fifteenth yefr,^lr. Hunt died. He was subsequently compelled (from his straitened circurnstnnccs) to idle an interval at Bladensburg, till a late school mate of his (Ninian Edwards, since Governor of Illi nois,) showed the letter and constitution to his father—lie was induced by Judge Benjamin Ed wards, to act as tutor to his family. In youth particularly. * * * teaching teachers, And by giving we retain, Wirt promptly aceepted the offer, and received from the father more instruction than he gave to his son. Under Judge Edwards, Wirt laid the foundation of his knowledge of law. But hav ing formed an unhappy attachment with u lady in the neighborhood, who did not participate in his love, it filled his soul, fired his muse, and fret ted his constitution. Being advised, lie there fore travelled South, to Augusta, in Georgia, to restore his health and spirits. On his return, he studied law under William Hunt, the son of his old preceptor and after wards under Mr. Thomas Swann, in the District of Columbia, where he was admitted to the bar in 1792. Immediately after his admission, he removed to Culpepper Court House, in Virginia, and commenced his practice, wheh 20 years of age. • The first case in which lie was engaged, was divided with him by a brother debutant. It arose from asault and battery, by three persons, two of whom had been by writs liberated; hut the third was continued in prison, because taken immediately in execution. To liberate bun without a formal writ, hut on motion, was tin* object of the young pleaders ; and Wirt acquit ted himself so well as to acquire the patronage of the late General John Miner, then attending as a lawyer. < In *95 he married the eldest daughter of Dr. George Gilmer, of Charlottsville, which intrtK duced him to the best society in the neiglibjg| hood, —and among others, to Jefferson, son, and Monroe. Dut it introduced him to a scene of lifia with which he became intoxicated ; and through means of which he was plunged into the depths of dissipation and debauchery. From this untoward course, he was singularly ransomed by a sermon which he adventitiously heard from the blind preacher fames Waddell , whom he has so celebrated in his Brittish Spy. The sketch there given is ofteii placed in envi able juxtaposition with thosefof Le Fevre and La Roche. This dark period in -his life was caused by imbibing the vissionary theofies of Godwin to which he thu6 alludes in the ‘ British Spy.’— “ It is at this giddy period of life when a series of dissolute courses have debauched the purity and innocence of the the pillars qf the understanding, and converted her sound and wholesome operations into little more tliau a set of feverish shirts, and incoherent and de lirious dreams —it is in such a situation that a new fangled theory is welcomed as an guest; and deism is embraced as a balmy com forter against the pangs of an offended con science.’ At that period he wrote a farce called the Country Court Lawyer,’ which was never act ed, nor (we believe) published. It represented a laic member of Congriss, under the name of Blunderbuss. It was at that period, also, that W was prevailed upon to accompany a friend to the rural church of Waddell, where for a time he heeded not the-speaker norauditors; but was fast sinking into the arms of the drowsy deity, till instinctively aroused, as if by divine electri cy, he was among those who 4 came to scoff’ but remained to pray.’ The change in his life was immediate and important, so much so that when lus wife died in 1795, and he had removed to Richmond, he was appointed clerk to the House of Delegates, ns successor to John fettiart which situation he held till 1802. He was then ap pointed chancellor of the eastern district of Vir ginia, though only 29 years of age. But during his chancr llorship, to which a very small salary was attached, having mairied the daughter of the lat< Col. Gamble of Richmond he was ob liged to resign, anti resume his professional prne iice, more adequately to support his change in domestic life. Through the persuasion of Mr. Tazewell, the late ejected Governor of Virginia—he was in duced to settle at Norfolk in that state where he remained reaping emolument and lame till IBOG In that year he returned to Richmond ; and it* the following year he was retained (by the spe cial direction of Jefferson) as attorney for the government in the celebrated case of Aaron Burr; of his eloquence &c. in the prosecution, Chief Justice Marshall, (the presiding judge) remarked— 4 The question has baen argued in a manner worthy of its importance. A degree of eloquence seldom displayed on any occasion, has embellished solidity of argument, and depth of reseatch.* Uric passage of his speech has been so popu lar as to have nearly palled by familiar repeti tion, else it might be quoted. In 1809, he was elected u member for Rich mond to the Virginia Legislature; and after elected as a privy councillor to Mr. roe, then Governor of the State. In 1816, he was appointed United States Attorney for the district of Virginia, by Madison, and in 1817, i,e* whs' appointed United States Attorney Gen eral by Mr. Monroe, an office which he sustain ed with eminence and efficiency, during the ad ministrations of Monroe and Adams. It was during his chancellorship that he wrote the letters called The British Spy; in 1808, he wrote the essays in the Richmond Enquirer, subscribed One of the People; in 1812 o wrote those signed * The Old Bachelor;’ and *n 1817, he published his Life of Patrick Henry.* In 1t?26, he pronounced an eulogium on the deaths of Jefferson and Adams,; in 1830 he de livered an address to a literary society at Rut ger’s College ; and another the same year, m Baltimore, on the celebration of the French Re. volution, when Charles the Tenth wfis dethron ed. During the late election he was nominated ; s a candidate l'or the presidency, by the anti-ma ———i— t-iyrr, ntwuuliW IT! PithtuK^re,-^! October, 1831. ‘ During the present session of, the Supreme Court, he was engaged hi several causes pending. Coffee House Correspondence. Washington, Feb. 28, 134. Mr. Forsyth and Mr. Poindexter waged a most violent war of words in the Senate to-day. Toe thtngs went so far that Mr. Forsyth pronounced a statement of Mr. Poindexter’s to lie an un truth, which Mr. Poindexter said, no man should do but at the hazard of Ins life, and which no gentleman would do. Mr. Clay attempted, but in vain, to bring about a compromise, hut Mr. Forsyth would not then retract ins offensive word, unti'uth, not even when Mr. Poindexter asked if he intended to impugn his varacity.— The consequence of all this was, that Mr. Poin dexter made up his mind to demand satisfac tion, which he certainly would have done if est explanation had not taken place in secret ses sion, and if a compromise had not there been effected. Some how or other, the parties were there brought to terms. Forsyth, I suppose, retracted the offensive word, and the reconcilia tion was ordered to he recorded upon the public journals of the Senate. Thus happily ended an affair which has created a great deal of conver sation, and which must, inevitably, have led the disputants to the field, after wliat Poindex ter said, and alter Forsyth persisted in las charge. The Senate for a large part of the day, have been engaged in an indirect discussion upon the land sales which the President has ordered in the Salt Beet. Poindexter, Mangurn and Moore are of opinion, that these sales were hurried on for the purpose of aiding speculators ; and Poin dexter is confident, that anepthew of the Presi dent’s from Tennessee, was engaged in the spec* ■kous about these sales. indirectly, that three of the rectors of the U. S. Bank were rejected majority of five, and that one was rejected by a majority of seven. King, of Georgia, was not in lus seat. Southard is absent, at home, and there is one vacancy. Thus you see that the old President has grown rather weak in that Senate, where when he started in his President cjfche had a majority. I dare say he roared wKli he heard what the Senate had doneu though he expected it, nevertheless the palacf\ had to shake for it. The Marshal of this District, Mr. Ashton died last night. I understand that alieady there are twenty in pursuit of the office. Such an office seeking mania has the President created by making no small portion of his countrymen dependant upon his offices, rather than tq on lhcir fpr a livelihood.