The Hickory nut and Upson vigil. (Thomaston, Ga.) 1833-1834, March 19, 1834, Image 3

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Til ill HlO is. OR YN U T AND UPSON VIGIL. THOMASTON, GKO. WEDNESDAY, MAIICII 19, 1334. PerSians at uo period since tlte toruialiou o out gover.uneu, have the people of Georga been more strongly solicited to an inquiry into the political doctrines of our country, than a the present time. The unabated excitement ot political controversy, winch has for some time disturbed the general quiet of the country, ha.- caused a general dissemination through tin State of the leading doctrines of both the Re publicans and Federalists, as asserted and main tained at an early period of our government, and which are perhaps no less the objects ot controversy now than at any former period.— As an evidence of high excitement, we direc the attention of our readers to the public meet- ings held in different parts ol the State, for the purpose of gauung party ascendency by con vincing ttie public mind ot the correctnes oi their respective party doctrines. Though as good citizens we are in iavor ot peace anti qut etj v ?t we arc not opposed to any disturbance of’ tbe public mind by which useful knowledge can be obtained ; and we are perfectly willing that the political principles held aiul maintained hv belli parties should be known to the honest citizens of live Stale, that they may judge for themselves us to the extent of constitutional doctrines held by either party ; and we aie tne Inure anxious that the people should judge for themselves in this particular, from a lull convic tion that a large majority of them are disposed to enlist under the republican banner. Wc believe that our present situation and popu lation require us to maintain the doctrines of State Rights and to oppose Federal encroach ments ; and we cherish the hope that conse quences will result from the formation of these associations which will have a tendency more fully to enlighten the public mind as to what are the true doctrines of the Constitution as maintained by the republicans of ’9B. This is the alleged object of such associations, anj as such we look upon them as tending much to set at right the deluded and honest republicans. The departure of the present administration from tiie principles on which it came info pow er, is perhaps one of the strongest evidences of the insatiate appetite of political ambition.— Elected with the full confidence of the people, and pledged to the reformation of abuses that under a corrupt administration had crept into the government, we find them, instead of ful filling the end for which they were created, la boring for the perpetuation of power, and stri ving for personal aggrandizement, regardless of tin* public welfare. Not satisfied with the pow ■Cr given him under the Constitution, for the faithful execution of the laws, an ambitious Ex ecutive stretches forth an eager hand to grasp undelegated authority,* and assumes to be the arbiter of the rights and liberties of the people. Do we need facts in support of our assertions 1 Alas, they are but too fresh in the remembrance of all, who are not blinded by prejudice or •whose sensibilities are not deadened by the al lurements of office, to require proofs. The cel ebrated proclamation —the force bill—and the recent high-handed act of seizing upon the treasury, without the authority of law in sup port of so daring a usurpation, call loudly for, and they have already in some degree received, the denunciations of an indignant people, the duration of whose liberties they threaten t Q abridge. These things are well calculated to create a just and well-founded alarm in a peo ple naturally jealous of their public servants and ever watchful of their liberties. It is earnestly to be hoped that they tuny have a tendency to wean them from their attachment for particular men, and lead their minds to the investigation of the true principles of our institutions. In looking over our exchange papers, we no tice the most cheering indications in all parts of the Union of a return of the Republican'party to the true Jeffersonian principles. North, South, East and West appear tc be awakening from their slumber. State Rights’ meetings have been held, and associations formed, in Ohio and Pennsylvania, where but a few months past a political lethargy seemed to pervade the community. The following extract from Fmmdelphia Inquirer, will show our readels lhat tire Sjate Rights doctrine is rapidly taking root in that State: “ We learn that there is already in existence in this city a powerful State Rights Association. Among the members are many sterling demo crats of forty years standing—men of the true Jeffersonian school —who idolize democracy in its purity, but who contemn the base counterfeit that the office holders attempt to palm upon the people. We may some day obtain tor publica tion the constitution of this society, and in the mean time we shall rejoice to see other as sociations of a similar character promply esta blished, A great crisis has arrived in the des- ! l ies of t his country. A desperate struggle is, ‘•out to take place between consolidation or vranliy on the one hand, and State rights and e people on the other. The most important id deliberate Wow struck at the constitution and liberties of th'ft* Union wras in the seizure of •>e public purse, by the illegal removal of the ■ublic deposits. We should perhaps rejoice at tins act in as much as it has excited and rous ed up the people, torn the him from their eyes, ind exhibited the objects of the corruptionists in dl their baseness and deformity. The whole •biutli is alive and kindling with the spirit of ‘76, and the North and the West will ere long illy in the same cause, and strike for the prin •iplcs. Only a few months ago, and an advo cate of Stale rights, as understood in Virginia and other Southern states, was as rare in this quarter as an avowed nuiiifier. Now, however, we meet them at every corner; the entire de mocracy of the State appear to he rapidly be coming converts to this doctrine; and the speeches of Calhoun and Preston, the two Sen ators from Smith Carolina, are spoken of with as much enthusiasm as those ofßinney, Clay, ind Webster, or any other distinguished states men. Even the public press of the north is beginning to speak out upon this question, and ro advocate State Rights Associations. Wit ness our own course, and that of one or two of our cotemporaries in this city.” We are iudebted to the Hon. John Forsyth for a copy of his speech, on tiie Deposit ques tion, delivered in the Senate, and also for a copy of the speech of the Hon. Mr. Man!is, on the same subject, delivered in the House of Representatives. Wc learn from the Charleston Courier that a contract has been made with the Post Oilice Department, by the owners of the steam pack ets, to convey the mail once a week from Charleston to New York by walen. By this arrangement letters will be conveyed in about half the time required by the ordinary mode of transportation. The “Spy in Washington” concludes his last letter to the New York Courier and Enqui rer with the following emphatic and prophetic passage : * c In the political world, immediately sur rounding us=, we are on the eve of great events. Tilings here are, apparently, quiet. Events have not yet begun to- be developed. They will be very shortly. This* however, is only the calm which precedes the terrific hurricane which is soon to come and sweep away, as I hope and believe it will, all the feculent and’ noxious exhalations, which poison the political atmosphere, and sap the v£ry life springs of the body politic.” CONGRESS. ‘ fr fnc-fipoii,* ai-.U U llvf r-pg>-b*6oo offered the day before by Mr. Poindexter, ma king an inquiry relative to the removal of the Deposits from the Planters’ Bank at Nashville, corning up, Mr. Forsvth proceeded to make cer tain statements which he had received from the Secretary of the Treasury, in order to show that Mr. Poindexter was entirely wrong m what he had stated. Mr. Poindexter rejoined and concluded by saying lhat when the official information sought for was obtained, the facts would be known. Mr. Forsyth then declared, that as his state ment was not deemed sufficient, he would say that the statements fnade by Mr. Poiudexter were not true. Mr. Poindexter. Does the gentleman mean to say lhat my statements or my inferences are wrong. Mr. Forsyth. I mean to say what l have said. Mr. Poindexter. Then the gentleman shall account to me for this language. No man shall make such an imputation upon me but at the hazard of his life. I ask the gentleman, then, does he by his assertion, mean, in the slightest degree, to question'my veracity ? Sir. Forsyth. Ido not think proper to an swer the question. Mr. Poindexter. Then the matter here is ended. Clay then expressed his regret at this unpleasant occurrence, and expressed a hope that the gentleman would reconsider the matter, and that the difficulty might be adjusted. Mr. Forsyth. What I have said, 1 have said. Mr. Poindexter explained his course, and again remarked that the matter was ended there. After remarks from Mr. Black, Mr. Moore, ,Mr. King, and Mr. White, on the question the resolution was put and carried. The Senate then proceeded to consider iso me hills from the House and adjourned to Monday. In the House of Representatives, various private bills were considered in Committee of the Whole ; amongst them the claim of Mrs. Decatur, in support of which Mr. Pinck ney, of S. Carolina made an eloquent speech. And then the House adjourned. The unpleasant incident noticed in the pro ceedings of Congress as having occurred in the Senate on Friday last, between Messrs. Poin dexter and Forsyth, was. happily adjusted on the same day. The adjustment was effected through the friendly interposition of several Senators, which finally led to mutual, satisfac tory and honorable explanations on the part of the two gentlemen. The following is an ex tract from the Journal of the Senate : IN’ SENATE —Friday, Feb. 28, i864. Ordered, That the following be entered on the Legislative Journal of the Senate: A misunderstanding having arisen between the honorable George Poindexter and the hon orable John Forsyth, in the course of the pro ceedings of the Senate this day, after the close of its business, the Senate required the attend ance of its absent members — whereupon, at the instance of several members, mutual, satisfac tory, and honorable explanations took place. House of Representatives , March 5. Mr. WILDE .said he had been requested to present the memorial of upwards of four hundred of the inhabitants of the city of Augusta, and its vicinity, praying that the former relations be tween’ the Government oCthe U. States and the Bank of the United States, might lie restored ; the engagements of the Government with the Bank, in relation to the safe keeping of the pub lic funds, fulfilled ; and the Bank iiseli rechar tered, or a substitute provided. Mr. W. said, as the rule confining the pre sentation of petitions to Monday had been sus pended, under an implied understanding that no discussion should take place he would con fine himself; as strictly as possible, to a state ment of the contents of the metnornl. He asked, however, to be permitted to state, that the city of Augusta, situated on the right bank of the Savannah River, at head of steamboat navigation is one of the most coin mercinl inland towns in the Union. Its popula tion is probably not-more than seven thousand, but the value of the cotton brought to that mar ket, for several years back, had not fallen short of Five Millions of Dollars annually, or about one twelfth part of the whole domestic exports of the United States. The quantity during the 1 present year, is estimated, upon good authority, m a recent memorial to the Geucral Post office Department, at one hundred arid eighty thou sand bales; and the value thereof, and of the return cargoes of merchandize, at Fifteen Mil lions of Dollars. The memorialists being his immediate towns men, and most of them personal acquaintances, it becomes him to say a word or two respecting them. Among the signers of this memorial were to be found merchants of high character for in telligence and probabity ; respectable planters, lawyers, and phvsicians; and honest, indus trious, and sagacious mechanics. None of them were capable of attempting to deceive others, or likely to he themselves deceiv ed, concerning the effect of the recent measures of the Executive, on the trade and currency of the country. ’ The first name upon the list is that of the Mayor of the city, a gentleman universally es teemed and beloved, a citizen of whose public spirit, enterprise, integrity, and benevolence, any country might well be proud. The chair man of the public meeting which led to the me morial is. a distinguished advocate, at the head of Ins profession in that place, often elevated by the voice of his fellow-citizens to posts of trust aud honor, and hearing a high military commis sion during the late war. By far the largest number of the memorialists were, he believed, what is called ‘ Union men* * They were of that party in the State most op posed to ’‘Nullification,” and heretofore support ing, with the greatest zeal, the measures of the president. But the meeting had been called, imfl rhp memorial was framed and signed, with out reference to party mannutn.nro, mtu-tic mond the signatures of some gentlemen of different political principles. He hazarded nothing however, in saying, with respect to all that a more independent, honora ble, and enlightened body of memorialists, was not to be found among any equal number of ci tizens who had even brought their grievances to the knowledge of the House. Few or none of them could be considered po litical agitators ; and the greater part seldom in terested themselves in public affairs, beyond the performance of those duties incumbent on all good citizens. The language of this memorial is temperate and respectful. It exhibits the deliberate opin ions of freemen, expressed plainly and briefly, but with dignity and couitesy. It contains no phrase Which Americans of the most scrupulous delicacy need hesitate to use, when speaking of their public agents, their institutions, or fellow citizens. He could not better istitn up the conviction they expressed than in the brief and energetic language of me gentleman who had transmitted the memorial to him, the Chairman of the Com mittee appointed for that purpose: “ Depend upon it, sir, the war of our National Government against our National Bank is carried on at the cost of millions to the people.” Mr. WAYNE said, that he rose not to com plain of the remarks which had failed from his colleague: all that he had stated was, no doubt, perfectly correct, and the manner in which he had presented the memorial was perfectly de corous and unexceptionable. But as this was probably the first in a series of petitions from his own State, and as he understood that the whole delegation were to he furnished with co pies, he thought it right to express at once his conviction that it would be wholly out of his power to contribute any aid toward effecting the object here prayed for. From numerous letters received from all parts of the State, as well as from the the aspect of the papers pub lished there, he was led to believe that the sen timents expressed in this petition were far from being those of a majority of the citizens of Geor gia. The memorialists, no doubt very honestly, expressed their own views and opinions; but he fully expected that before many days, the House would see memorials from this very city of Au gusta, the number of the signers to which would convince gentlemen that this paper did not ex press the opinion of the mojority of the citizens of that place. As it would be contrary to the general understanding under which the rules had been suspended, to enter into any debate, be. could sustain himself with this declaration of what his own opinion was, and what his course would be. He desired that those of whom his colleague and himself were in common the Re presentatives, should at once be fully apprized of. where he stood. The memorial, on the motion of Mr. Wii.de, was then read, and ordered to be printed, and the further consideration of it postponed until that day week, when the Report, of the Com mittee of Ways and Means comes up. A striking instance of the profligate habit of asserting things as facts which have no founda tion in truth, is exhibited in the endeavors of the Federal party, to deprive the Republicans of the influence of Mr. Jefferson’s name in sup port of the State Rights doctrines. With a recklessness of facts, they boldly assert that this great apostle of liberty nevei contemplated in his Kentucky resolutions any such opposition to federal usurpation as State interposition. Al though lie has expressly declared that when the Constitution is violated, each State has the right to judge of the mode and measure of redress, and that for unauthorised acts of Congress, nullifi cation is the rightful remedy, yet nevertheless they endeavor to prove that all this meant noth ing more than remonstrance, petition, supplica- tion and the like; but a more impudent and at the same time imbecile assault upon common sense could scarcely be perpetrated by the har diest vindicator of error that ever perverted truth for the worst of party purposes. However au dacious such conduct may seem, there is yet nothing in it surprising, when we consider the character of a majority of the partisan writers in the federal ranks, and the nature of the cause which they advocate. None but a slavish or selfish mind will take sides with the oppressors of his State ; and those who are driven either by their fears or the hope of favor, to wield their pens against their country's rights must neces sarily run into the disgusting and contemptible vices of hyporisy and falsehood. When did the federalists ever evince by their conduct or poli cy, an elevated principle or patriotic purpose— and tVhen did they ever hesitate in the employ merit of the worst of means, to accomplish their selfish ends ? They have ever kept an eye sin gle to their own interest, arid never to their country’s. Their strugles have ever been for power, not for good—their strifes, for personal aggrandizement, not for the public Weal. We are then never surprised at any of their mea sures, however adverse to the rights and pros perity of their State ; not at any of their asser tions, however insulting to common sense and hostile to veracity. And of Mr. Jefferson, es pecially, they can never surprise ns by any thing they may say, except by expressing admiration of his principles and gratitude for Ins services. We are only surprised that they do not deny to him the authorship of the Declaration of Inde pendence; and boldly swear that he was the friend of consolidation and Bloody Bills—that he was one of theopposers of the last war, who rejoiced at the triumphs of the enemy ; and in deed that he was the mover of every measure of the tory party, and the father of all their doc trines. Why do they not do this 1 Why do they stop short in their work of misrepresentation ? To do all this, would require no greater auda city than they have ever shewn themselves capa ble of exercising—it would be going only one step farther than they have already gone, in as serting that he never entertained those princi ples of resistance to tyranny contended for by the democrats of ’9B, and State Rights republi xamruf mrcl ‘*l®. - - W-l > ,|i o |.millifi<ninn in a safe and sound doctrine, is one question—whe ther Mr, Jefferson held that doctrine, is another matter. With regard to the former, there may possibly exist some honest diversity ol opinion ; hut to dispute the latter, to deny that the sage of Monticelio was the advocate of that nullifica tion which contemplates State interposition against federal usurpation—discovers an inve teracy iu political falsehood—such a contempt f-r every thing in the nature of truth, as would put even Baron Monchausen himself to the blush.— Ctilumbus Enquirer . From the Washington News, JUDGE CRAWFORD’S DECISION. Mr. Mercer. —The following case involves principles of the most important nature; the decision of the court will be read with anxiety, and judged by those competent to decide, accor ding to its merit. You will therefore confer a favor by inserting it in your useful paper. EQUAL RIGHTS. WILKES SUPERIOR COURT. February Term —lß34. Jonathan Jewett, 1 VS I ri r Sims, Williams & Woolsey, ands e Chas, Stathuni, Garnishee. j The defendants having failed in business, as signed all their property, debts, &c. to certain creditors to the exclusion of certain other credi tors. The plaintiff is one of the excluded cred’rs. The debt of the Garnishee is contained in the assignment, and by his deposition he admits that the garnishment had been served upon him before notice of the assignment, but such notice was given before deposition. For the assign ment it was contended that the provision of the act of 1818 authorized the assignment in this case. Cases decided in Massachusetts, New- York and Pennsylvania, were relied upon to shew that the assignment of an equitable interest was protected in courts of law, where notice of the assignment had been given. It was admit ted in the course of the argument that an as signment of a chose in action, not legally ne gotiable, Conveys only the equitable interest in the thing transferred ; the legal interest remain ing in the original creditor. The act of 1818, by its title, is confined in its application to per sons who fail in trade, &c.; it is to prevent as signments by such persons to particular creditors to the exclusion of other creditors, that the act was enacted, according to the title of the act. The preamble to the act pursue the words of the act, aud are more general in their nature, as is also the body of the act. The terms used, both m the preamble and the enacting clause, are broad enough to embrace every discretion of persons who may be in debt and insolvent. Against the assignment, it is contended that the proviso is inconsistent with the body of the act, and is therefore void by the rules ot con struction as defined and explained by Sir Wil liam Blackstone. It was further contended against the assignment, that the legal interest in the effect” assigned never vested in the as signees, untill they were reduced to possession by voluntary payment, or compulsory, by pro cess of law; To the first point thus presented, the Court is of opinion, that although ihe legal interest lemains in the assignor, yet a court of law will take notice of the equitable interest after notice of the assignment. This principle was recog nized more than thirty years ago, by the late Judge Walton, in the county of Richmond. In that ease, the late Judge Carnes had a demand for a negro woman, against one Garrett; he transferred this demand, which was art open account, to a third person, who notified Garrett of the transfer, and brought his action to recover the demand. After action was brought, Garrett made a settlement with Judge Carnes, and ob tained his receipt in full of the demand, which receipt was offered in evidence upon the trial, Plaintiff’s counsel objected to the admissibility of the receipt, as it bore date subsequent to no tice of the transfer. The receipt was rejected ; by the Court, which decided that there con hi be I rio doubt of the legal assignabilitv of open ac j counts. The presiding Juuge was present, and J heard the decission, which at that time; produ ced some surprise, but this Court has never un derstood that the decision ha.- been overridUd. Perhaps the term legal assiginahihty is incor rect, but this Court holds that the .assignment | of Open accounts possess the equitable interest, !so as to enable the assignee to recover the same iu the name of the aswnor. Upon the second objection, the Court decides that the act of 1816, applies according to the ti tle, to persons failing in trade, who, according to the title,are prevented from making assignments in favor of some creditors to the exclusion of others, which the act pe.darcs to be contrary to the principles of Justice and Equity. So far ns the proviso may be made to apply to persons failing iri trade, it is deemed* held and tnken to be inoperative'. The Cort is therefore of opinion that the Plaintiff has a right to recover of the Garnishee, in this case. Andrews and Chandler for the Plaintiff in Attachment. Cane and Thomas for the assignees. COTTON.—a arid sells freely. Very little coming in. The planters are the holders of three-fourths of the remaining crop, and will probably continue to hold firmly, until the de cision of the question between the government and the U. S. Bank —Augusta Ceu. It becomes our duty to give the melancholy intelligence of the death of our much esteemed fellow townsman, Thomas { ummuig, Esq. Pi‘e President of the Augusta Bank, who departed this life yesterday mornng. He was o- cos our old and most respectable citizens, and his death will prove a heavy loss, not only to his family, hut to the community at large. Angttsia Con. March 7. gp” The Citizens of Cpson County ore reqttenteciu CCliaiuusfnn on Tuesday, the first day of April next, for the purpose of forming a County State Rights Association, auxiliary to the Central Associa tion at Milledgeville. FOUR MONTHS after date application will he made to the Inferior Court of Pu laski County, when sitting for ordinary purpo ses, for leave to sell acres of Land, known by No. 38 in the lOih district of Upson county, as the property of George Pitts, deceased. LUNSFORD PITTS, ExV. March 14th^1834. ” NOTICE. THE subscribrs give notice that all power® of attorney, letters of credit, end.ail de legatated authority of every kind, to bind their firm to pay monies, or to do oilier services, are hereby revoked ; and from and after the date of this notice are null and void. ALLENS & PADDOCK. Augusta, Feb. 21,1834. 44 C7* The editor of every public newspaper in the State of Geergia, is requested to give the a bove notice one or more insertions iri a conspic uous manner, and send us a copy of the paper containing the first insertion. The charge not to exceed two dollars each paper, and forward the bill for the same to the editor of State Rights Sentinel, Augusta. Maj. Jack Downing’s Magazine. TIIE publishers are encouraged by the ex traordinary demand for the Letters of Major Jack Downing, to issue the original and most popular of his writings, including Ins life, in a periodical form. After completing 1 the first Volume, should sufficient encouragement be afforded, the Ma jor may,’ no doubt, be induced to continue his interesting description of public affairs and oth er matters. This volume will be completed in eight parts of thirty-six pages each, and will contain elev en original designs by Jaohnston, and furnish ed in any part of the United States, postage free,fot One Dollar. ft?* Seven Copies will be furr;, : lS bed to any one address, postage for five dollars. Payment in all cises to bp made in advance, ami free cf expense to the publishers. ft?* Editors of newspapers who publish this notice and a copy of the paper which con tains it to us, addressed “ Coleman’s Literary shall receive a copy gratis- LILLY; WAIT & CO. UostQft,