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,
