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(OLIMBIS FBI OAT. NOVEMBER 19. ISSS.*
Loiter of John A. Joins, Esq.
\y e have -pa -e, barely, to bespeak theaftentiv.
consideration of our readers tw tbe letter of Mr.
John /{. Jones which will be found below. It s
a reply to an article, that appeared recently ia
the Augusta Cun*titutionati*t, animadverting up
on the condnct of Judge Benning, in presiding in
the-‘Bank Case,”at the last June term of the
Supreme Court at Macon. Mr. Jones considers,
„ ,Wo,.', the positions taken by the Constitution
alist, and, in ouropiniqp, administers aseomplete
refutation to every one of them which attacks
the propriety of Judge Henning's conduct, ‘ihe
clearness and force with which he proves the con
formity of his course to the law cruutingjthe Court,
and to the precedent in such cases, approximates^
as neatly as moral deduction can, the rigor ol
demonstration.
Judge Bcnulng.
l Editor*. —Asa friend of Judge Benning,
I will, with your permission, notice charges made
against him by the Constitutionalist of the 7th
inst. ‘file Constitutionalist says,, tl, at “thisdecis
ion” (the decision in Kobison, r. Beall made at
Macon in last June term) “independent of the
error and tbe injustice which it involved, was un
palatable to the profession and to the people, be
cause pronounced bv two of (he Judges of the
Court—McDonald and Buing— feither oj tcl.om
ought to hurt prided in the e,r. that is our
opinion, and it is sustained by reasons whieu c
feel will la.- satisfactory to our readers, to the pro
fession and the public.
The Constitutionalist then proceeds to state
these reasons. They are briefly as follows: Ist,
That Judge Benning. when elevated to thft bench,
was the retained counsel of Dan 1 McDonald dec and,
the Pre sideut of the planters and Mechanics
Bank of Columbus, who owned nearly, if not
quite, half the stock of that institution and was.
consequently, hub It for the redemption ot one
half of its bills.
?d. That Col. Seaborn Jones, the father-in-law of
Jtldge Benning, is a stodtholder intheChattahoo
4hec Bail road and Bankiug Company, and that a
number of suits arc now pending against Col.
Jones—some by biH holders to recover the amount
of their bills—some by other creditors to reach
assets of the Bank and to compel him to pay up
the unpaid seventy-five per tentage of the stock,
that it may he appropriated to the payment of
their bills; and one heavy suit pending against
him and the assignee of the broken Bank id’ Col
umbus, which has been brought by its creditors, to
compel itim to account for assets of that Bank,
which they allege have been wrongly converted
and appropriated. Jrd. Thai Judge Benning, was
the counsel of his father-in-law in all these cases,
ami 4th, when counsel at the bar, united with
other counsel in the defence of many others of the
same class. sth, That other facts might lie given
to show Judge Denning's connection with these
Bank cases, and with many of the parties interes
ted in them. oth, That so intimate and notorious
was his connection with them, that it was used as
an argument against his elevation to the bench,
and he was obliged and did promise not to preside
nalty of these Bank eases, igi irhich he ica* em
ployed a* eouuael, 7th, That with this promise
he was elected, anil soon afterwards in 1854, one
of these Bank cases came before the Supreme Court
at Decatur, when the counsel for the hill holders
respectfully requested Judge Benning, not to pre
side in it, and when he declined to comply with
the request, protested against his presiding.
Bth, That the same request was made when the
Bank case decided at Macon was called, and Judge
Benning, again declined to comply with it and
presided, and with Judge McDonald, pronounced
a Judgement which “arrests all of the heavy
Bank eases from Columbus.”
These arc the reasons which the Constitution
alist has for the opinion, that Judge Benning
ought not to have presided in the case and which
it thinks, will be satisfactory to its readers, to the
profession and tothe public. And why? Because
the lawsays they are sufficient? No, but because
instinct says so. The language of the Constitu
tionalist is—" There is an instinct of propriety
which condemns his conduct, without argument
as well as against all argument” Ac.
Ijjti the question is not one af instinct. Not
even one of a Judges private option : it is a ques
tion of mere law. A Judge lias lo follow the law
although the law may conflict with the general
instinct of even with his private Tnstipet. If so,
it is manifest that the test of the sufficiency of
these reasons, supposing them true in fact,
ought to he, law, not instinct. Yet the Constitu
tionalist is satisfied to build its conclusion on in
stinct and common sense. It cites no statute no
case—no legal principle—no usago of Judges,
and this, too, notwithstanding that Judge Ben
ning in the Decatur case referred to, has specially
put his course upon the law and the constituton,
as read by the usage of the Judges, particularly
stating what pari of the same he relied on. Set
16, Go. lit}'. -18.
Even then if instinct does say that these rea
eouSjif^rue^arj^utfic
Uas been before the public* and the profession for
four vears. It ia contained in the Decatur case
Id (hi. 248.
That view is simply as follows : Ist when the
law authorises or Commissions a Judge to preside
in any ease, it is his duty to preside iu that case ;
much more if it requires him to preside in it. The
law -authorized and required him to preside in the
ease at Decatur and the ofie at Macon : therefore,
it was his duty to preside in them. Is the first
of these three propositions true ? Now I suppose
it will be admitted by all, that it is the duty of a
Judge to preside in some of the eases in which the
law has authorised him to preside. But if the
law makes no discrimination between one case and
another, he can make none, and therefore, it must
be as much his duty to preside in oue of the eases
as in another. And if lie can make no discrimin
ation between one case and another, it must fol
low that it is his duty to preside in all the eases.
What possible reason can there be why the law
should authorize a Judge to preside in a case,
except that it wished him to preside in it. But cer
tainly, it will be admitted that it is the duty of a
„Judg© to preside in all the cases in which the law
has required him to preside. The question, then,
is on the second proposition—did the law author
ize—did it require Judge Benning to preside in
th cases aforesaid, notwithstanding the reasons ,
alleged against his doing so ?
Where are we to go for the law on this question? j
Doubtless to the constitution, to the organic act
and to till usage of the Judges. The constitution
says that “the Supreme Court shall consist of
throe Judges.” When we say that man consists of
body and soul, we mean, that it takes both body
and soul to make man. And the constitution
does not say, that a majority of the Court shall
be authorized to do business. Whereas in the
ease of the two branches of the general assembly
it does say that **a majority of each branch shall
be authorized to proceed to business.” It is ex
tremely difficult, then, to resist the conclusion
that it taSes all of the three Judges, the consti
tution being tbe test, to make tbe Court. \
Tbe act organizing the Court says : “It shall
be the duty of all the Judges of said Court to
attend at each term of said Court; but if, from
providential cause, any one of said Judges cannot
attend a Court, such Court may be Lolden by two
Judges.”
By the orgauic act also, then, the implication
is very strong that it is to take all of the throe
Judges to make a Court iu every instance, except
one—that iu which a Judge is prevented from at
tendance by providential cause.
And it is hard to find a warrant in the consti
tution for even this exception. But, so far as the
matter m hand is concerned, the exception is of no
consequence, and may be treated as though it did
not exist. Now, what is the power and the duty
of the Cimrt. thus required to consist of the three
Judges? The Constitution itself tells. It say* :
“And the said Court shall, at each session in each
District, dispose of and finally determine each and
every case on the docket of such Court, at the first
term after such writ oferror bitmght,” The Court
having to consist of the three Judges, this directly
authorizes and requires nil of the three to dispose
of and finallv determine each, and every rate cu
the docket. “Now. it is very difficult to say that
this is not the conclusion we get, if we go for law
to the Constitution and organic ac t—a conclusion
that the law authorizes and requires the three
Judges to preside in each and every ease. IV bat
then, do we get, if we go to the usage of
the Judges acting iudiscriminotely ? What do
we find that usage to have been ? We find that
when a case has come up in which a Judge was
a party, or was interested, or in which a relation
of his was a party, or was interested, or in which
the Judge was of counsel whiie at the bar. he has
retired from the bench : and we do not find that a
Judge has done this when a ease came up. which
was merely similar to one in which be was a par-*
tv, or was interested, or in which a relative of
liis was a party or was interested, or in which
tho Judge was of counsel while at the bar. On
theeontrary, in these latter cases we find theuisit
tiug.
Judge Lumpkin has presided in these very
bank cases from tbe beginning, and yet he had a
brother-in-law (Col. Grieve.) deeply interested in
having the Stockholders of both the Planters and
Mechanics’ Bank and the Chattahoochee Rail
road & Banking Company beld liable. Col. Grieve
is a twenty thousand dollar stockholder in the
bank of “Columbus. The bank of Columbus holds
debts to a very large amount against the Planters
and Mechanics Bank, of which debts upwards of
SIOO,OOO are in bills of that Bank. So the Bank
of Columbus holds a large amount of debts against
the Chattahoochee Railroad Bank of which debts
nearly $50,000 are iff bills of that Bank. Besides,
the bank of Columbus is itself insolvent, and un
less it can recover these debts, its Stockholders
will not only lose all their stock but will have to
take up-ariy of its bills that may be unpaid.—
Nay, Judge Lumpkin was himself a Stockholder
in the Bank of Columbus when it broke, and for
some time afterwards, and although he sold his
stock before he presided in the cases, yet ho fail
ed, I believe, to advertise the sale as required by
be act of 1838. And that act declares that Stock-
h >lders, who transfer their stock, shall not there
by bccojue exempt from liability, unless they “give ;
notice once a month for six months of such trans
fer, and iinmmediately thereafter, in two newspa
pers in to the place where such Bank or
jther corpiiruUmi shall keep the principal office.
Cobb 112.
r-Of course I am not attacking Judge Lumpkin ;
iie is entitled to my utmost respect and he lias it.
On the contrary, 1 say he was right, under the
Constitution and tbe law. And there has never
oeen a whisper, so far as I know or believe, to
theeontrary. His personal interest was so remote
as to be heneatb notice. I merely refer to bis
course to show what had been the usage of mem
l>ers of the Cimrt when Judge Benning presided in
these two cases. If then, we go to the usage ol
individual Judges for theiaw, we find it to be that
ach of the Judges is authorized and required to
fireside in all cases excepting those in which he
has an interest or in which some relation ot his
has an interest, or in which he was of counsel
while at the bar; and not excepting those which
may be similar to cases iu which he has an interest,
r in which some relation of his has an interest,
.rin which tbejndge was of counsel whileatthe bar.
Jud<-e Benning had no interest in tbe cases m
which be presided, nor did any relation of Ins.
nor had be been of counsel in tbe cases : it follows
•hat the law, whether we go for it tothe Constitu
tion or to the organic act, or to the usage ot indi
vidual judges, authorized and required him to pre
side in the cases, lledidnonewthing. He merely
followed the example set him by the other Judges.
And that, certainly, was itself going very far
seeing that tbe constitution says that the Court
shall consist, of three Judges, and that the Court
shall “determine” each and every case on its doeki
et. When only two Judges sit, if they differ, they
can make no judgement: and so they tail to “de
termine” the case. Yet the Constitutionalist thinks
that both Judge Benning and Judge McDonald
should have retired from the bench. Its oracular
language is. “we have said that this decision, in
dependent of the error and injustice which it en
closed. was unpalatable to the profession ami to
the people, because pronounced by two of the
Judges of tbe Court—McDonald and Benning “
neither of’ irhom ought to have presided in the ease*’
If they had retired it would certainly have broken
up the court: or <locs the Constitutionalist think
one Judge can make a Court ? His principle how
ever. would equally have carried the remaining
Judge (Lumpkin) off the bench, from his relation
to Col. Grieve. Thus, then, according to the prin
ciple of the Constitutionalist, the bench is to be
stripped of every Judge ami tbe Court broken up
in cases like the two under consideration, and
that in the*face of the constitution which says
that the Court shall consist of three Judges, and
that the Court shall determine each and every
case. The law has provided no way of extempo
rizing tales Judges of the Supreme Court de cir
cuit! stantibus. If then the constitution, if the or
ganic act,if the usage of the Judges individually,
and not instinct, be the test. Judge Benning was
both authorized and required to preside in the ca
ses even supposing the reasons aforesaid assigned
againat his proceeding true in fact.
Well, if he was thus required to preside he
ought to have presided. But his case, it is
true, was a hard one. If he did not preside, he ex
posed himself to the charge of violating hie sworn
constitutional duty, and that from a base fear of
personal consequences. If he did preside, he ex
posed himself to the galling charge from the un
generous and the half informed that he was a cor
rupt Judge. What could he do? Only what he
conceived his. duty, leaving personal consequences
to take care of themselves. He didTliat. He pre
sided. But iu doing so. he did not act upon any
sudden or secret resolution. That he would do
-<>. was well known at and before the time when
he was elected, and was freely used against him
to prevent his election. He did not hesitate to
let it be known on every suitable occasion during
the canvass, that if elected, lie would treat the
Bank easeslike all other cases, and following the
example set by the Judges, then and previously
on the bench, preside in all of those cases in
which he was not of counsel, and in which no rel
j a rive of his was interested. That was his open
position before the elective body—the Legislature.
I His election was the endorsement of that position
!by that body. Thus then, he has the constitu
! tion, the organic act,the usage ot the other Judges,
I the sanction of the Legislature that elected him.
1 all in his favor.
I have been going on tbe supposition that the
i charges made by tbe Constitutionalist are true. —
j But are they true? The first is that Judge Ben
ning, when made Judge, was the retained cuu
! sel ,f MeDougald, the President of the Planters
I and Mechanics* Bank and a very large stockhol
-1 dor in it. This charge is true. The firm of which
j Judge Benning was a member were, and had been
I for a good while, the general counsel of General
j MeDougald.
! The second charge is that Col. Seaborn Jones,
| the father-in-law of Judge Benning, is a stock
j holder in the Chattahoochee Rail Road andllank
! ing Company, and that a number of suits are now
; pending against him some by bill-holders,some by
| other creditors, to reach assets of the Bank and to
compel him to pay up the unpaid seventy five per
! centage of the stock and one heavy suit pending
| against him, and the assignee of the Bank of Co
s; lnuibus, to compel him to account for assets of
►ai iiUK+R'i'if+TTCi 1 Hf V I feP KaTT iT
Banking Company, holding 300 shar a of the
j stock out of 20.000,the capital being $2000,000 in
i shares of SIOO each, he however denying that he
jis legally a stockholder at all. But this is not
j the whole truth: the Bank of Columbus is the
I chief creditor of the Chattahoochee Rail Road &
: Banking Company. The latter company has out
; between fifty and sixty thousand dollars in bills,
i and of these the Bank of Columbus holds nearly
j $50,000: aud the Bank of Columbus has no right
to require from Col. Jones payment of any part
! of the debts it holds against the Chattahoochee
j Railroad and Banking Company, for it has made
with him an agreement of which the following is
j a copy:
“In consideration of a contract this day made
between the Bank of Columbus and Jones and
Benning. the Bank of Columbus agrees that said
Bank will not require from Seaborn Jones any
part of what may be recovered by the said Bank
of Columbus against the Stockholders of the
Chattahoochee Railroad & Banking Company,
16 Feb’y 1843. This is in no event to affect the
claim of the Bank of Columbus against the said
Bank and its Stockholders.
M. GRIEVE. ) Committee of the
J. R. JONES, / Bank of Columb’s
Then Col. Jones cannot be held liable as a
! Stockholder for any debts of the Cliattahoo
| chee Railroad & Banking Cos., except those not
j held by the Bank of Columbus. These being not
i large his liability is no great matter—it being,
counting his share at 300, as 300 to 20.000; count
ing him not a stockholder, it is nothing.
This is not all. The Bank of Columbus was
tiie holder of the larger proportion of the debts
against the Planters A Mechanics’ Bank of Co
lumbus. of which debts more than SIOO,OOO, were
in bills of the Bank. And it was the further
agreement with Col. Jones, that his firm was to
receive five per cent, commissions on all sums
collected on these debts except sums collected
from Gen. MeDougald for whom the firm were
general counsel. What these commissions would
come to, in case the stockholders were made lia
ble and the money collected out of them, would
be a good round sum, as any body may see—
doubtless a sum at least equal to any which ( 'ol.
Jones could be made liable for, us a stockholder
in the Chattahoochee Rail Road ar.d Banking
Company.
Thus far, then, it would seem to be a small
matter to Col. Jones personally, which way the
bank cases went.
As to the heavy suit pending against Col.
Jones, and the assignee of the Bank of Columbus,
the facts are about these in brief: When the
Bank of Columbus failed, one of the oldest, if not
the oldest, judgment against it, was a judgment
soon afterwards transferred to Col. Jones for
about SIO,OOO, Col. Jones called on the assignee
of the bank for payment of this judgment. The
assignee held a large amount of paper, say SSO-,
000 on Hall A Deßlois, a firm of Columbus, who
were insolvent. It was agreed between the as
signee ami Col. Junes, that this paper should be
turned over to Col. Jones, with the right to com
promise it. but if he did so, it was to be a satisfac
tion of the judgment, even if what he got was less
than the judgment. Thepaper was turned over
to him, and he did compromise it for about the
amount of the judgment, a little more or a little
le*s. The assignee has express authority to com
promise debts. Hall & Deßlois were insolvent,
and continued so until Dcßlois’s death, and Hall
still continues so. They had a friend, however,
who was w illing to eudorsejfor them to the amount
of the judgment. He did so. Aud thus they
were enabled to compromise their paper with Col.
Jones at about the amount of the judgment. It
is obvious that this was an excellent arrangement
for the Bank, its stockholders and its creditors.—
It was SIO,OOO to them. But nevertheless, one
of the creditors objected to it, and filed a bill to
set it asidofr-a bill, which it is plain, can result in
nothing. And this is the heavy suit against Col.
Jones and the assignee.
But suppose those allegations as to Col. Jones
were true to the full extent ns charged, of what
consequence would it be. The question in the
two cases presided in by Judge Benning, were
question arrowing out of the expiration of charters.
But neither the charter ofthc Chattahoochee Rail
road and Banking Company, nor that of the
Bank of Columbus had, or has yet expired.
Those questions therefore were different from
the questions in the suit against Col. Jones.
The third charge, that Judge Benning was
counsel for his father-in-law in all his eases is
true.
But the fourth, that Judge Benning, when
counsel at the bar, united with other counsel in
the defence of many other cases of the same class,
is not true. The onlyeauses he took part£in the
defence of were those he was employed in with
but one e xceptiou, and in that, the part he took
was confined to a single question, the Statute of
Limitations. And the cases he was employed in
were very few.
With respect to the fifth charge, all I can do is
to invite a statement of the “other facts” to which
it refers —but which it does not give.
The sixth charge is, that so intimate and no
torious wa* Judge Benning’s connection with the
bank eases, that it was used against bis election
to the bench, and he was obliged .to promise, and
dui promise not to preside in a<uy ol’ them in which
he tens employed as counsel.
A promise implies parties.—a promisor and
promisSee. is a contract, a bargain.—
Now I undertake to say that Judge Benning did
not make any promise or any pledge to any man
or to any men, or make auy contract or bargain
with any mail or any mentis to whether he would
or would uot if elected, preside in any ease what
ever. It is most true that Judge Benning had a
position on the question of his presiding in the
bank cases, and that he made the position known
on all suitable occasions, but this position w r as
taken as a lawyer, not under any promise, pledge,
agreement or understanding with auy man. And
that position was. as has already been stated.that
he should feel it his duty, if elected, to treat the
bank cases like any other cases that might come
before the Court, and, following the usage of the
other Judges preside in all of those cases in which
he was not of counsel, or in which no relative of
his was interested, and it is also quite true that his
occupying this position was used as an argument
against his election, it was used most industri
ously-—but yet he was elected, and that was an
endorsement of his position by the Legislature.
It is true, as said in the seventh and eighth
charges, that Judge Benning was respectfully re
quested not to preside in the two cases, and that
yet he did preside in them. And I think 1 have
shown that ill doing so he did what the law re
quired him to do. The law, whether drawn from
the Constitution, the organic act, the usage ot the
Judges or tbe action of the Legislature in electing
him, knowing that lie would so preside.
I have gone through with this array of
charges.
There arc some other charges aimed at the
Court itself, and there forest Judge Benning as a
member of the Court. These demand a slight
notice.
“The truth is,” says the Constitutionalist, “that
it” (the decision at Macon) “is but one of a multi
tude of cases in which the solemn adjudications of
the court.upon important subjects, and titles of the
law have been disregarded and overturned.” This
is very strong language in a very grave matter. A
multitude of solemn adjudications disregarded and
overturned ! Is this true ? If so, surely the Con
stitutionalist should have specified a few of these
revolutionary decisions. I think it would have
been of service to lawyers, I own it would have
been to me, for I am able to recall but a very few
cases that have beeu overruled by the Court. The
case deciding that the Statute of the 32d, Henry
the VIII. as to bracery and the buying of titles,
was in force, is one that l recall. But during the
time when the Court held that statute to be in
force, it also held that the purchaser might
use the name aud title of the seller in an
ejectment to recover the land. This was giving
an easy mode of evading the statute —in tact was
saying that the statute was in favor merely in
form. Now the overruling decision only said that
the statute not being in force in substance should
not be so in form.
As for the bank case decided at Macon, there
are lawyers who think that that case upholds
more cases than it overturns —or that more of the
decisions are for than against it. But as the de
cision is not out, I will not undertate to say what
its effect is, in which I differ, I admit, from the |
Constitutionalist: for.with the air of one who
knows things infallibly, it pronounces sentence on
both daeision and Judge, before it has seen the de
cision, as though it would forestall opinion, or had
some special object to serve, that could not wait
“forty days.”
The Constitutionalist continues. “It requires
remarkable acuteness to discover what the law is.
What, for instance, is a mortgage ? What words in j
a will, will create an estate tail ? And then it re- :
quires remarkable faith to act upon the premxmp- j
tion that it will not be changed as soon as it is ‘
discovered.” Here again is great vigor of state- !
ment. I confess myself at a loss to understand j
what is meant by the mortgage ‘instance.’ As to
the other instance, I ask in time, who, anywhere,
can tell what words in a will will create an estate
tail ? From the best information 1 have which is
slight, this question might be equally as well asked
in England, or in auy of the States of the 1 uion.
It does not require a great deal of learning to
know that it is impossible any where to reconcile
all the cases on this question, lienee legislation
has been resorted to, both here and in England,
and probably in the other States of the l tiion. Jn
this respect Georgia is no worse off than her neigh
bors, and her parent. The evil will rapidly dis
appear under the act—it remedying all the cases
that majrarise after it. But if the Supreme Court
has intentionally overruled any solemn adjudica
tion on the subject, 1 am not aware of it.
I think if the Constitutionalist would set to
work to hunt up the “solemn adjudications” that
have been “overturned” it would see cause to
withdraw much of its strong language.
The friends of Judge Benning, 1 grant, had no
reason to expect an advocate of his cause in the
Constitutionalist, for they remember that the
Constitutionalist wished him beaten for his office
by Judge Nesbit,even at a time when Judge Nes
bit belonged to a different party from itself, and
when it was not the turn of that party to have the
office, and they now see that reasons have since
come into existence, that may naturally make it
stott wwwiwtq, & i nfrirW .i^TSr
off: they see a son of Judge Nesbit, its Editor,
and both he and the Judge himself members of its
party: but they do think, that they bad the right
to expect of it, that it would abstain from an at
tack on Judge Benning for a decision, until it had
seen the decision, especially as Judge Benning is a
person of whom it can use this language “Judge
Benning is a conscientious, honorable gent leman,
and we have n<> doubt that before presiding iu
these cases he had convinced himself of the pro
priety of the course he pursued:” “At the same
time we believe (and it gives us more pleasure to
make this than any other statement in this ar
ticle) that, iu presiding in that case, he did only
what he conscientiously believed to be his right
and duty, and we dismiss as unjust and ungener- !
ous. all the imputations of improper motive which
have been made against him on account of his con
duct in the premises.”
Would it be too much, Messrs. Editors, to ask
the papers, particularly those that have spread
charges against Judge Benning, to insert this
long article in their columns? Perhaps it would,
I rely with confidence on their sense of justice to
do what is right in the matter.
JXO. A. JONES.
Georgia Legislature.
SENATE.
Wednesday Morning, Nov. 17.
The usual preliminary proceedings being
through. Mr. Slaughter moved a reconsideration
of the bill of yesterday, in regard to drawers of
drafts, checks, &c. the bill passed.
Bills Third Heading.
For the better government of the State Road,
chiefly in relation to promptness of accountability
—passed.
Also, to increase tbe salary of the Superinten
dent of same: passed.
To alter the Ist Sect. 3d Art. of the Constitu
tion, to provide for the election of one Justice of
the luferior Court, iu each county, and to consol
idate the office with that of the Ordinary: laid on
the table.
To encourage and aid intelligent youth, to pro
vide a suitable corps of teachers; referred to Ed
ucational Committee,
To alter the 3d Sec. Ist Art. Constitution, ma
king annual the election of members to the Gen
eral Assembly, Yeas 54, Nays 52. This being a
constitutional question requiring atwo-tliirds vote
it was lost.
To alter and amend Ist See. 3d Art. of the
Constitution. This bill tends to the abolition of
tbe Supreme Court.
Mr. Cleary said he hoped that the friends of
the Court would not press the bill.
Mr. Thomas was in favor of a postponement
but ready to do away with the Court.
Mr. Fambro was in favor of the Court as it was,
if such laws would be enacted by the Legislature,
as to make the Court worthy the respect and con
fidence of the State; if this could not be done, he
was in favor of abolition.
Mr. Hill of Harris, was opposed to “cutting the
dog’s tail off close off behind his ears,” the reason
was, that the former was deceased, Mr. 11. ar
gued that all human institutions were imperfect
aud was ready to grant that the Court needed a
reform, but was opposed to a total abolition.
Mr. Billups, was willing to vote for abolition,
unless the existing evils could be remedied, and
was in favor of indefinite postponement.
Mr. Reynolds, desired before any action on the
matter, to have the opinion of the .Judiciary Com
mittee: they had the question of reform under
consideration.
[I have given but a brief synopsis of these de
bates, but it would appear that the Senate is not
in favor of the abolition of the Court, but rather
of a reform. This bill was made the special or
der for the first Monday in December.]
To incorporate the Fort Valley and Atlantic
Railroad Cos. Passed.
To incorporate the Western & Atlantic R. R.
Cos. Avith power to lease the State Road for the
term of two years; laid on the table.
To grant certain privileges to the Willes Val
ley Rail Road Company, with an amendment,
was passed.
To alter the Constitution so as to reduce the
number of Representataves to one from each
county, and the Senate to forty members; amend
ed to make the numberof Senators 48, six from
each congressional district, and not more than
one Representative from each county.
A motion was made by Mr. Harris of Worth,
to lay the bill on the table. Mr. DaAvson of
Greene, Avas opposed to this motion. The Senate
of Georgia had lost in his opinion, every charac
teristic of a Senate; it had become a popular bo
dy, unsuited to wise and deliberate legislation,
and producing such divisions of responsibility
that no man feels it, and is an unnecessary bur
then to the Treasury.’ He appealed to the mem
bers to legislate, not for themselves but their
country. There was hardly another State in the
Union, which had one half such a representation
in the Senate as bad Georgia; The discussion by
so many different members, of tho various ques
tiom introduced, eonmmed a riwt amount of time
and seriously hindere&dhe progress of business.
Mr. Bartlett-was opposed to the bill. The
election off Senators by Congressional Districts he
disliked; an anomaly unknown. This policy had
been tried a few years ago. Why wish to revive
it? The Senate was not too large; it was the
. great centre of light to the whole State, on po
litical affairs. An election by districts would de
stroy the identity between Senators and their
constituents.
Mr. Gibsou.of Richmond, hoped that this bill
would not be laid upon tbe table; It contempla
ted a saving of $25,000 to the Treasury, and every
tax payer in the Senate should take the matter to
heart. The Senate, said Mr. G., was intended as
a chcckggipon the House. It was tbe great bal
ance Wheel in the machinery of Legislation. He
had no political motive for supporting the bill.—
His district had some 1500 majority opposed to
his political sentiments.
Mr. Cone was opposed to tbe Bill, it wouldore
atc confusion in the next apportionment. There
was but one recommendation to the bill, it woqld
leave at home a quantity of jackleg lawyers, who
came and bothered those who wished to attend to
business.
The motion to lay the bill upon the table was
withdrawn. Mr. Fambro was sorry to see the
haste with which the Senate, were anxious to dis
pose of so important a measure. This bill was
demanded by the best interests of the State: this
was a consideration which should influence every
member in discharge of bis duty. Mr. I. contin
ued at some length, and the motion to lay on the
table was again taken up. and the yeas and nays
being taken resulted thus: ayes 37, nays 07.
Tbe bill was made, in conjunction with amend
ments, the special order for Monday week. The
Senate adjourned and met again at 3 p. m.
Theoniy important proceeding of this afternoon
was a report from the Committee on Banks. A
Resolution calling upon the Governor for inform
ation in regard to the non-compliance ot certain
Banks with existing State laws.
A number of Bills wore read for the first and
second time. The bill in relation to reducing the
number of Senators and Representative has been
postponed. This is well. It is a measure, on
both sides of which, much can. aud probably will
be said: and I anticipate the pleasure of being
aide to report good speeches. There can be n
doubt that the less the number of members, the
quicker the be dispatched.
HOUSE.
Most of the tim<* of the House was consumed
yesterday in the discussion of motions lor recon
sideration.
The first was a motion to reconsider so much of
the Journal of yesterday as related to the loss of
the Bill to dispose of free persons of color.
After some debate the motion was carried. 66
to 39.
Another was in relation to the private execu
tion of criminals. This motion w r as lost by a vote
of Yeas 67. Nays 70. Two other similar motions
shared the like fate; one, to reconsider Bill of yes
day. allowing collection of interest on open ac
counts and the other to reconsider a Bill, lost yes
terday, in relation to the taxes.
Bills Third Reading.
To reimburse John 11. Howard, of Columbus,
for certain expenses incurred by him iti gjteblish
! ing the line between Georgia and Alflpzha.—
Passed.
To extend the provisions of writs of certiorari
to possessory warrants. —Passed.
To compel Grand Jurors to return uffeetisc
against the State. —Lost.
Ti) compel Justices of the Peace to give SI,OOO
bond.—Postponed.
I To make uniform the decisions of the Supreme
Court, and provide against the reversal of the
I same, with an amendment by Judiciary Commit
j tee. Laid over.
j To abolish imprisonment for debt, a substitute,
( to the effect that unless plaintiff's make oath that
defendant has money or property which cannot
; be reached by fi. fa., ea. sa. cannot hereafter eom
! mit. Yeas. Nays.
| To repeal the law requiring slaves or free per
‘ sons of color to be tried by the Superior Courts.
Passed.
| To alter the Ist section, 4th article of the Con
’ Stitution. Provides that there shall be no judicial
i circuit for the State, and that terms ol the Su
preme Court shall be held at the Capital. Ayes
i 75, Nays 54*
As the bill, being a constitutional oue, would
I require a two-thirds vote, it was lost.
| To curtail the powers of the Supreme Court in
criminal cases. Passed.
To provide for the compensation of commission
ers. Passed.
i To alter Ist Sec: 4th Art: of the Constitution.
; Provides that there shall be but one judicial Cir
! cuit for the State, and that the terms of the Su
j premc Court shall be held qt. tbe Capitol. Ayes
! 57, Nays 54. As this Bill \sVild require, being a
| constitutional one, a two thirds vote, it was lost.
To curtail the powers of the Supreme court in
criminal eases. Passed.
! To provide for compensation of commissioners.
! Passed.
| Mr. Gordon said he introduced the bill for the
| benefit of parties litigant; he thought some rogu
; lar fee should be established. The bill was com
. mitted on motion of Mr. Lewis of Hancock. A
j mtclyT *
j The Rules were suspended in order to take up
| a Bill to allow the State Treasurer to make cer
tain advances. Passed. There were many dis
cussions of minor importance during to-day, and
the House adjourned till 9% A. M. to-morrow.
R. G.
The Latest from Mexico.
The steamer Gen. Rusk, with dates of the 11th
from Santiago, and 12th from Indianola, arrived
at New Orleans on the 14th iust. By that arrival
the Picayune learns from the Brownsville Flag,
extra—the only paper received—that the regular
! issue of the Flag has been suspended, in conse-
I quence of the prevailing sickness.
In relation to Mexican affairs, the Flag has the
following :
The news we have received this week from our
neighboring republic, though undetailed in its
particulars, is nevertheless interesting. It seems
that Gen. Blanco, of the Liberal army, with 1500
men, attacked and entered the city of Mexico, ad
vancing to within one block of the capitol. Zu
loaga made an imposing resistance, and lost 460
of his soldiers, besides a large number of wounded.
The loss on the part of the Liberals was compara
tively small.
Gen. Blanco held his position for a few hours,
and afterwards retired to Tacubaya, where he re
mained encamped till last accounts. The city
would have been captured by the Liberals, but
the partisans within, upon whose movements de
pended the whole triumph, not being previously
advised of the intended attack, were not prepared
to render any efficient aid. The Liberal forces
were concentrating about the capital with a force
sufficient to render its capture inevitable.
The whole republic, with the exception of the
capital itself, is now in possession of the Liber
als.
Gen. Echeagarav, the sanguinary Reactionist
chief, was severely wounded in a daring attempt
to capture the Castle of Perote with a handful of
men.
The Flag’s accounts of Blanco’s operations at
the city of Mexico differs somewhat from that of
our correspondent at Orizaba, whose letter we
published yesterday (Sunday) morning, and we are
inclined to the opinion that his account is the more
correct one.
The news from this side of the Rio Grande is
briefbut interesting.
The fever, it seems, has been very severe at Ro
ma and Rio. Grande City. The deaths at Roma
include Don Gregorio Saens, an enterprising citi
zen of Mexican origin, who was one of the first
engaged in the building up of Roma, and Mr. Hen
ry Mecklenburger, of the firm of Sladeker, Meck
lenburger & Cox.
The Flag says :
They’have just had heavy frosts on the upper
Rio Grande, however, and it is hoped that the ep
idemic will disappear from that cause. The trade
at Roma is reported as quite brisk, notwithstand
ing the fever.
A letter to the Flag , dated llio Grande City,
Nov. 6, says:
We too have hqd the fever hero for the past
month, and I presume that near one hundred
deaths have occurred in the mean time, among tbe
population of Mexican origin. Strange to say, not
one American, either iu town or Kingold barracks
has been lost in this disease, while among (he
Mexicans it has been very severe.
The Flag learns that the small band of Indians
which, for a number of years, have been commit
ting murders and robberies on both banks of
the river, have been exterminated to the last war
rior.
It will be remembered, says the Flag, that about
seventeen months ago these Indians crossed over
from Mexico, and, after killing Mr. Jaspar Glae
veck, stole a number of horses and made their es
cape back. Recently they had been depredating
on the Mexicans, and were forced to seek safety
on this bank. This information was gh'en to Mr.
Adolf. GlaA r ecke, the brother of the murdered
man, Avho, in company with Xepomuceno Cortin
as, gathered a party of thirteen men and started
in pursuit. On arriving at tbe Arroyo Colorado,
they learned that the Indians were in the vicinity,
in force, well armed and determined to resist.—
This led the pursuers to ask for a reinforcement
from Don Neporauceno Cabazos, an enterprising
stock raiser in the neighborhood. Instructions
were left for this auxiliary force to join the first
named gentleman at a designated point, who kept
on iu pursuit. Seventeen men from Cabazos soon
joined them, and on tho 30th ult., the Indians
were overtaken, and nine warriors, composing the
Avhole of the adult males, Avere killed. The avo
meu and children of the tribe were broughtin and
distributed among tho different ranches. The In
dians Avere overtaken fifty leagues from this place,
and confessed that they intended joining with the
Lipans, since it was impossible for them to Ha-o lon
ger in the settlements on either side of the ri\ T er.
This ends the onco powerful tribe of Tainpacuas.
and thus has the pursuer revenged himself for the
murder of his brother. None of the tribe new re
raaiu but a lew squaAv* with their children.
COLUMBUS* SATURDAY, NOVEMBER 20, ISSS
Death of an Editor.
We regret to learn the death on the 18th inst.,
of Samuel M. Thompson, Esq. late news and
commercial editor of the Augusta Evening De
spatch. That paper of the above date announ
cing the melancholy fact says:
“lie had been connected with the press of this
State for twenty five years, a longer period, with
perhaps one or two exceptions, than any among
the editorial corps of the State, and for the accu
racy of his commercial reports, and general effi
ciency as a writer and journalist, had acquired a
reputation seldom attained iu his profession. Iu
all bis relations with the fraternity, as well as in
private life, those higher qualities of fidelity, gen
erosity and kindness, were always observable.
He ever sought to a\ oid offence, aud to promote
the interest and happiness of those around him.
Bank Agency at MllledgcHlle-
By remrence to our advertising columns, says
the Southern .Recorder it will be seen that the
Bank <f Savannah has established an Agency at
Milledgeville. As this Institution is oue whose
bills and certificates of deposit© are received into
the State Treasury for Tax and other’dues, the es
tablishment at this Agency of this place will be
of great advantage and convenience to Tax Collec
tors and others paying money into the Treasury,
if they choose to avail themselves of it. We un
derstand that it reeei\ s on deposite, the Bills of
all Banks of Auguste. Savannah and the Interior,
that are Bankable ii Savannah or Augusta; con
sequently all persons having the bills of those
good lUnks. not receivable into the Treasury. c:*n
no doubt by depositing in this Agency, either re
ceive the Bills of the Bank of feavannah, or the
certificates of deposite of the Agency, which will
answer at. the Treasury the same as the hills of
said Bank.
The Extempore Welcome of Mr. Forsyth.
On Monday evening, when it was known that
Mr. Forsyth had arrived in the city from his mis
sion to Mexico, many of his fellow-citizens greet
ed him with a serenade, and offered him the sub
stantial welcome of the festive board. This im
promptu demonstration of their sincere esteem of
him as a gentleman and associate, was but the
more gratifying to him from the reflection of that
higher approbation which was freely shown for
his elevated career as a public servant in the re
sponsible duties of his ambassadorship. His frank
and noble promptitude, under the inspiration “of
feelings that should signalize the American char
acter, in the defence of the rights of his fellow
citizens and the honor of his country abroad, were
frequently alluded to with admiration by his
friends iu strains of eloquent commendation and
enthusiasm. Nothing was wanting to testify the
high appreciation of his friends at home for the
worth of his character and services. We trust
our citizens will take measures for a more general
expression of public respect, and at the same time
extend their welcome and hospitality to the gal
lant officers of the Plymouth, that escorted him to
our shores. —Mobile Register.
Revolution in Sonora.
New York, Nov. 14.—Private letters from
Guyamas dated Oct. 10th, have been received,
speaking of a revolution there, which confirms the
Herald’s statements. They say that Captain Stone
with his surveying party, consisting of about thir
ty Americans, occupied three houses in the centre
of the town, directly between tbe opposing parties.
If an attack had been made on him, lie would
have hoisted the American Hag and fought under
it, being well armed, with plenty of ammunition,
and a brig in the harbor lin-untiug two nine poun
ders. Lieut. Mowry was also there, ready to lend
assistance with his men. The civil war ended by
the surrender of the authorities tothe rebels, after
getting all they demanded and obtaining a guar
antee of immunity from prosecution. The rebels
reinstated the authorities. The Americans were
not attacked owing to their firm position, and de-
auiTcnbur their koiuo* to th*; W*lr of
Ren,’ Walker's Emigration Party.
Washington, Nov. 17.—There is not the least
probability that a clearance will be granted to
Gen. Walker’s emigrant vessel at Mobile. It is
equally believed that if the large number of per
sons now about Mobile attempt to leave, they will
be seized, unless they elude the vigilance of the
United States officials.
Wonderful Exhibition—A Living Man's Heart Open
to Inspection—Excitement at the Medical Col
lege.
The New Y T ork papers announce a wonderful
curiosity in the case of a living man with defi
ciency in the breast bone which enables the sever
al movements of the heart to be seen. It has ex
cited intense interest for several years past
throughout the cities of Europe and Britain.
The subject of the defect is a very intelligent gen
tleman, M. Groux, a native of Hamburg, twenty
eight years of age. somewhat under the average
height, and rather pale, though he appears to be
in health, lie was introduced as the clinic of Dr.
Mott, who thought that the substance which oc
cupied the place of the sternum might be carti
lage. M. Groux then showed the peculiar con
formity of his chest, and gave an excellent lec
ture on the heart’s action, demonstrating his re
marks with colored plates, an artificial heart, and
his own body. The collar bones are not connec
ted, (neither are the ribs to their opposites,) but
there is a groove where the sternum should be :
the skm is natural. In its natural state this
groove is about an inch and a half wide, but it
can be distended to three inches. On looking at
the groove a pulsatile swelling is discernable op
posite the third and fourth ribs: if respiration be
suspended, it rapidly rises to an enormous extent,
and remains full and tense until the breathing is
restored, when it soon subsides. This is the heart.
Between the clavicles there is another pulsatile
swelling, easily felt, which is the aorta, the great
artery from the heart. The dilatation and con
traction of lung is also seen. In coughing
the right lung suddenly protrudes from the chest
through the groove, and ascends a considerable
distance above the right clavicle into the neck.
Somebody’s desire that there might be a win
dow in the breast of all men, or Charles Lamb’s
equivalent, a pane in the stomach, is nearly realized
in this case.
At the close of his lecture. Dr. Mott proposed a
collection in Mr. Groux’s behalf, though his regu
lar fee had been paid by the faculty. Scarcely
had he said the word when the silver began to fly
into the arena from the se. ts of the vast amphi
theatre. Nearly all the three hundred students
were present, and the shower of quarters greatly
jeoparded the lecturer (Mr. Mott) and his attend
ants.
Land Grant to Florida.
Washington,JNov. 19.—The Secretary of the
Interior has approved of a grant of upwards Qf
two hundred and forty eight thousand acres of
land to Florida, to aid in the construction of the
Fernanina and Cedar Keys Railroad. It is be
lieved that the railroad will be in full operation
by the Ist of January next,
A New Monarchical Movement.
Washington, Nov. 19.—The States newspaper
is informed that Spain, France, aud England are
negotiating to erect Cuba and Porto Rica into a
a monarchy'. Spain is to give up Cuba on the
payment of a rent equivalent to its present an
nual revenue.
A celebrated French woman has well said
that the greatest blessing a woman can have up
on this earth is the continuance of the affection of
her husband after marriage.
Gold vs. Cotton. —The Galveston Xeics says ;
There was a decrease in the taxable property
of San Francisco, California, for the present fis
cal year, as compared with the last, of considera
bly more than $4,500,000.
The case is someAvhat different in Texas,
though AA T e cannot show so much gold. The
increase of taxable property in this State in 1857
over 1856 was $22,290, 180, and this year the in
crease o\’er 1857 is $8,793,672, and, had tho value
of merchandise on hand at the commencement of
the year been assessed, the increase wouldhaA r e
been shoAvn to be about the same as the previous
year, or about eight per cent. These facts are
shown by the assessment of tables of our alma
nac.
Typographical Errors. —One of our ex
changes says, “the wife crop of Gasconade co.,
Mo., this year is estimated at twenty five thou
sand galls.” The wiue crop is referred to, but
twenty-five thousand galls will make a good crop
of wives notwithstanding.
COLUMBUS, MONDAY, NOVEMBER 22. I VIS.
Money.
Money is the most expensive of all the conveni
ences of life; or rather of all the necessities of
commerce. It has no value ot its own, and
adds nothing to the value of anything else. Gold
and silver have, like other metals, an intrinsic
value, nofkmly because of their utility*, but be
ceause of their beauty ; but as money, they arc
utterly worthless. We are so much in the habit
-of associating the idea of value with money, that
it is difficult to take in this idea; but we will en
deavor to make ourselt uuaerstood.
Money might be made of iron, but it could not
in that shape be made more valuable than the
raw iron. Take a piece of iron and make it into
some instrument of use or article of ornament,
and its value may be increased by the value of the
labor put upon it: but no matter what the labor
and expense of putting it into the shape of money
its value is uot increased. So with gold and sil
ver ; make them into spoons or rings, or breast
pins. or watches, and you have increased their
value by the amount of labor put upon them, but
make them iuto money at no matter what ex
pense or labor, and they will purchase no more ol
either metal than is put into it. Let the spoon,
the ring, the breastpin, the watch become un
fashionable, or valueless for the purposes for
which they were made, and the gold aud sils er in
them sink back to their money value, which is the
actual anrnut of metal they contain. —Corner
Stone,
As our venerable friend has expressed his in
tention to deduce some important conclusions from
the above positions, it is very important that the
positions themselves, be correct. Vi e differ with
him upon some of the ideas which he has advanced.
Money (by which we mean a circulating medi
um) as we apprehend it, is like cotton, corn or
anything else. It is valuable in proportion to its
utility and the labor required in iis production.
It must serve some purpose in order to be valua
ble at all, and the question of utility beiug decided
affirmatively, the amount of labor necessary to its
production represents its quantum of value. A little
reflection will sat isfy us that both of these considera
tions must enter iuto every estimate of value. If
for example, cotton were not an article of con
sumption and use, it would matter very little what
amount of lalmr was necessary to produce it. No
none wanting it, no one would exchange anything
for it, and, consequently, it would be worthless.
On theother hand, if it were useful, but its produc
tion involved no labor, it would be equally with
out value; no person, having a commodity which
was the product of labor, would exchange the
same for it. We repeat that utility and labor
are the measure of value. Is it worth while for
us to attempt to show that money is useful—that
it is a labor saving machine? We presume not.
Any one, in order to be satisfied upon this point,
has but to reflect upon the intolerable inconveni
ence to which he would be subjected if. instead
of exchanging his product for an object of uni
versal desire, like money, he were compelled to
make an exchange in kind, or commodity for
commodity. Such a state of things is suited only
to the rudest and most barbarous agc*3 of society.
Wherever, as in all civilized communities, divis
ion of labor exists to any degree, some circulating
medium is a necessity. It matters not what this
maybe, whether cattle, iu the time of IlomeT :
iron, in the reign of Lycurgus ; brass, iu the carri
age of Roman history or gold and silver, as is now
established throughout Christendom, something to
perform the functions of money has beeu adopted
by all nations making any pretension to civiliza
tion. We say, secondly, that the amount of labor
bestowed upon money is the measure of its value.
By this we mean the labor employed in extracting
it from the ore ; in transporting it to the mint and
in the process of coining. When we say that a
barrel of flour is Avorth in this city five dollars, it
is meant that the labor required to dig the metal
from the mine, to coin and transport the above
amount to Columbus, and the labor necessary to
produce, manufacture and deliver here the barrel
of flour, are equal.
Assume that it were otherwise. Suppose that a
barrel of flour represented a day’s wages of the
laborer in Ncav York, and suppose that the Peru
vian gold digger, with the proceeds of an equal
amount of labor could purchase in Ncav York five
barrels of flour, what persuasion would be requir
ed to induce the wheat-growers of the latter place
to emigrate to the former? None other than the
assurance of a reasonable chance of living. They
would flock there in such vast numbers that a
c-tm.'t'qav, tmxj. *r-o
the first year or lavo after the California fever broke
out, breadstuff's and provisons were enormously
high in that country : flour was Avorth S6O per
barrel. Yet e\ r en at this romantic figure, the ease
is an illustration of the doctrine avg have assert
ed. The labor of getting S6O, iu gold dust was
not greater than the labor of producing and trans
porting to our Pacific coast one barrel of flour.-
We haA'e spun this article to as great length as our
space will allow. We may recur again to it.
More t uples.
On Friday last the Sena te passed a resolution
j ordering 1,000 additional copies of the Comptrol
ler General's report printed for the use of that
body. This makes 1550 copies already ordered.
The usual number is 350. Mr. Thweaft has re-
ceived the endorsement of every man, woman
and child, in the State, for his energy and effi
ciency as a public officer.
Superior Court.
After an arduous session of tAvo weeks this Court
on last Saturday adjourned till 29th inst.
We learn that tbe Dockets are very heavy though
much of the business was disposed of in the last
two weeks,
Hineh, for the murder of Tracy, was reseutenced
to be executed on the 17th December. Dozier,
for the murder of Gunn, avos retried and again
found guilty. We understand that Dozier’s coun
sel will move for anew trial on several grounds,
among them that ho Avas convicted by a Jury, uot
all of whom werejjqualified as persons under the
Law. One as is said being a foreigner, and anoth
er a non-resident.
The long standing case of Thos. Terry, Avho was
indicted eight years ago for the killing of Doles,
was brought also to a close by his acquittal.
Much, also was done iu the civil side of the
court, .
Appointment bv the President.—Richard
Fitzpatrick, of Texas, has been appointed Consul
at Matamoras, Mexico.
The Jackson Eagle of the South says a
veritable Egyptian silver coin, worth about thirty
cents of our currency, Ava3, in digging a well near
Tallahoma, found embedded iu the earth, about
thirty feet under ground.
The Atlantic Telegraph Non-Committal.—
A southern paper thinks the neutrality of the At
lantic cable, which was so loudly sighed for by
President Buchanan, has*been fully established.
It hasn’t a word to say on either side.
The History of Commerce—Professor LelberN Lec
ture.
Prof. Lieber ga\*e a lecture in the rooms of the
Historical Society, introductory to a series on the
History of Commerce,and forming a portion of the
Post-Graduate Course of Columbia College. He
defined commerce as the fourth branch of indus
try, which connects the others—the appropriative
or collective, the agricultural and the manufac
turing branches. By a number of familiar illus
trations he exhibited the cosmopolitan nature of
eommerco in its application tothe simplest as well
as the most important affairs of life, lie discussed
its effect upon the character of men and institu
tions, and declared that while thirty years ago it
was generally asserted that commerce ruins all
public spirit, the strongest distinction between an
cient and modern times, is the fact that iu mod
ern times a nation can grow rich and free at the
same time. England is infinitely freerthan she was
two hundred yearr ago : and our liberty—the peo
ple’s liberty, contradistinguished from federal lib
erty —came from the cities of the Middle Ages; it
is the creation of merchants and traders. It was
the guilds of the northern German cities that
fought against the Danish kings aud formed the
Hanseatic League. Very frequently men belong
ing to these guilds were runaway slaA'es—serfs.
The German princes wanted fugitive slave laws,
hut the cities refused, and established their free
dom. Now, these cities were the real storehouses
of wealth in the Middle Ages, the uoblemen were
laudowners, without much capital.
Modern liberty demands a high degree of civi
lization and history provides that tho best school
districts have beon also the most productive.—
Without eommerco we cannot have wealth, with
out Avcalth we cannot have modern civilization,
we cannot have liberty. —New York Evening
Post. _
“IlaA'c you read my last speech ?” said
a vain orator to a friend. “I hope so,” Avas the
reply.
From the Albany Eve. Journal.
Threfc New Territories.
Besides the Territories which Congress has or
ganized, we have iioav three others, which, grown
impatient of waiting, are taking steps to organize
themselves.
Arizona, which has a population as yet only
counted* by hundreds, has elected a J erntorial
Delegate and sent him to Washington. A. lull was
proposed last Avintor creating a Govemmcßt for
this Territory, but if failed to pass, ft will doubt
less be revived this winter, and will probhbly be
adopted in some shape.
-Daeotah is also taking a definite form. Her
people haA'e completed an independent temporary
organization of the Territory, to continue until
Congress shall give thorn the usual form of Terri
torial Government. Suite officers were appointed,
Legislature convened, laws passed, <fce.. and the
Minnesota Code of 1859 adopted. They assign as
their reason for this action, that they were left en
tirely without laws, except those of the Lynch or
der, aud that the disorganized state of society
keeps away emigration. They’ point, in
tion, to the precedent set them by California and
Oregon. Revolutionary as such a procedure
would bo considered in any other country but the
United States, it is here an evidence of the law
loving and law-abiding character of th. people,
aud a guarantee that they are disposed to main
tain order and respect the obligations of eitizen
sWF- .
Superior, or Ontonagon, is also moving. The
people there have made formal application to the
Legislature >f Michigan and Wisconsin, to which
States that, region belongs, for permission to form
an independent Territory, with a view to ultimate
admission as a State. This must eventually be a
great mining and agricultural region, and its pe
ninsular position between Lake Michigan and Su
perior, seems to adapt it for commerce, as well as
to require a separate political organization. It
has already a population of several thousand.
Harmony in South Carolina.
The readers of the Mercury, bearing it; mind its
course, must have observed that, whilst freely ex
pressing our own views of measures aud princi
ples, and advocating the course in our opinion
rightful and important to the south. Ave have at
the same time abstained from censure. While
opening our columns to a wide range of temperate
discussion, that the truth might be elicited, we
have sought to draw together, or at least not sep
arate in the Slate those who, agreeing on gen ‘ral
and important principles, yet differ in matters less
essential, whether by-gone or in the womb of the
future. We have alioAvcd a free expression of
views-on the Conference Kansas Act, on the ‘•e
openingoftiie African Slave Trade, aud <>l the
powerful speech of Senator Hammond with the
condition of the South and her prospects for the
future. But we have eschewed all division on such
issues. This course has been pursued, because the
tide of events is surely driving us together, and
avc are satisfied that differences in South Carolina
in regard to the General Government, and the
North will be obliterated by time. They are con
jectural rather than real—matters of speculation
rather than fqet. There are events before us that
will unite all the true men of the South : and we
desire that South Carolina, by her uuion and the
moral weight she has ever possessed in the coun
sels of the South, resulting from her unanimity of
opinion and conduct, shall bear her part in the
drama of the future, whatever it be. Some of our
leading men have confidence in tbe Democratic
party of the North—others have none. Some
suppose that Black Republican sectionalism is de
clining in power—others that it is increasing.—
Some are confident ofthc strength of our pres
ent position iu tbe Union—others are confident of
its weakness. The crisis that will settle these con
jectures or deductions is near at hand. What rea
son is there, then, for pressing these differences of
opinion between those who agree inprraeipb and
who go together in policy? Why should it be
sought to raise issues and contentions on such
matters? On the great essential measures before
the country we are agreed. Our public men wiil
ail oppose iu Washington the increase of the
Tariff for protection, appropriations for Internal
Improvements, and anti-slavery in erery shape
and form. They will ba\'e hiere to fight the
Black Republican majority in the next Congress
in all their insidious and oppressive measures.—
They will have to seek the union of the .South on
State Right grounds. And they will stand to
gether, avo doubt not, united in tbe light.
If the Black Republicans are defeated in Con
gress, and defeated in their effort, at the next
Presidential election, to grasp the power of the
General Government for the accomplishment of
theirjpurposcs. South Carolina will fully partici
pate and unitedly rejoice in their defeat. On the
contrary, should they be successful, we have a
right to suppose that those Avho are united in
principle will be united in measures of redemption
and security. The State has distinctly marked
out her policy, and it is Aviso to presume that avc
will be united. Is it wise to establish personal
antagonisms on future speculative division ? We
hold the opinion that it is not. We deem it al
most certain that within less than two years all
true men in South Carolina or at Washington will
stand entirely together. At all events, this is our
hum*. Ko Mtvunu i* our conviction of the steady
progress and latal purposes of tins poAveriui mack
Republican faction, that this ia our belief. Act
ing under such impressions, we shall continue a
steady advocacy of harmony und a generous con
fidence, which is the surest means of securing it
amongst those agreeing in principle. When the
shock comes South Carolina can be prepared,
without heart-burnings and division, to do her
part Avith all the strength of her ancient renown.
By Avise counsels we are satisfied such will be the
re s u 1 1. —Cka rlentou Me re ury.
Arrest of Sir Henry Bfewer at Cox
stantixojm.k.—The Times contains the following
extract from a commercial letter:
Sir 11. L. Buhver was passing the streets at Pe
ru on horseback, preceded by his groom on the
20th of October, being a holiday (the nativity of
Mohamed) some of the Sultan's levy driving in
their carriages, the horse of the groom touched
one of their horses, and the rider struck him with
his whip, the groom used his whip also. Sir 11.
Bulwer endeavored to separate them, when the
remainder of the eunuchs rushed on tbe Ambassa
dor and struck him several brows, the Ambassa
dor was arrested aud taken to the police station
at Peru,
Our Labor.
A greater misconception does not exist abroad,
in regard to the South. than that which ranks its
system of labor as opposed to the success of its
manufactures. Copying an article from ibis pa
per on the subject of the development of manu
facturing industry in Mississippi, Louisiana, Ala
bama and Georgia, the Newburyport (Mass) Her
ald says : “The Picayune makes no allusion to
that which will pro\'e an insurmountable obstruc
tion in their way—that is, negro slavery.”
Negro slavery, the Avorld now acknowledges,
has made cotton production in the South success
ful. which, under equal advantages of soil and
climate, has proved a failure everyAvhere else.
Slave labor is equally certain to euaide the South
to manufacture so as to undersell the rest of the
world.
The factory in Mississippi, which avc mentioned
as producing a dividend of twenty-six percent, on
the capital invested, is now worked almost entirely
by slave labor. The most successful manufactory
iu Alabama, one which, from a capital so small as
to promise no favorable result, has groAvn to be
among the first in the extent of its productions in
the South—for years invested the profits of the
establishment in negroes to spin and wcaa e and is
now almost exclusively Avorked by slave t labor.The
rope and cotton factory in this city, whose career
has been one of singular prosperity, has for the
present suspended operations, to the enable sub
stitution of negro for white labor.
So far, the experiments with negro labor in our
manufacturing establishments haA'e proved sig
nally successful. In fact, we begin to think that
our system will enable the South to compete with
the pauper labor of Europe in the production of
cheap fabrics.
There would be, Avithout an’ argument, we would
suppose, an important advantage in rearing up
a class who, from generation to generation, were
attached to our factories, whose labor Avas under
the control of one mastermind. The fluctuations
of prices and the disasters of strikes Avould'bc en
tirely avoided: and the fires of the factory, once
lighted would never be extinguished by any of
those casualties to which the enterprises of a sim
ilar character in the neighborhood of the Herald
are subject.
But an abundance of Avhite labor ean he found
in the South, at least in the neighborhood of the
larger cities. It would seem that the people of
the North supposed labor for the white mau was
disreputable in this 1 latitude. So far from this
being a fact, it is a badge of honor, and more ae
ti\ o, more industrious, more laborious Afhite men.
do not exist in any section ofthc Union than at
the South.
For the suceess of manufacturing establish
ments. Ave have really an advantage over the
people of XeAv England—white labor abundant
ami cheap—and slave labor that may bo cultiva
ted and thakimproves for generations in apititnde
for the cm payment; and we venture the predic
tion, that a*hen the surplus capital of the South
becomes deeply interested in this species of in
dustry, the New England States will find its great
advantage—leaving out of the question the neigh
borhood of the cotton fiel#> —in the possession of
of slave labor. —A. O. Picayune.
Egypt.—An Alexandria letter says: The over
fit) av ot the Nile has uot been so great this year as
t here was reason to expect. The waters receded
rapidly, and a very large extent of land was not
properly watered. The accounts from the interior
on th® subject of the cotton crop are most unfavo
rable. Caterpillars and other insects have ap
peared in great numbers. In the provinces of
Zavazey. JNlansourah. &e,, much damage has beeu
caused by the heavy dews, and it is expected that
the yield wiil bo about 100,000 quintals less than
last year.
The public health continues excellent, and the
country enjoys the most perfect tranquility.
mrnUM OF TUEUEEh
RfiPORTiSD.FQR THE DAILY TIMES
New York, Nov.’ I—The New York a :
Southampton Steamship Vanderbilt, has arriv<
with Liverpool dates to the 3d inst.
Liverpool Cotton Market, —Sales for the
three business days previous to the sailing of th,.
steamer, 18,000 bales, of which speculator- t• k
500, and exporters 4,000 bales.
The market had declined/V-i. Lower quail;;
bad declined most, and were almost unsaleable.
London Money Market.—Consols were qo -
ed” at 98)'a.
Swan's Lottery (a'C.
Augusta, Nov. 15.—The case of The S ta!( .
against Swan A Cos., for a Hedged illegal drawn.,;,
of a Lottery in this State, has been postponed us
rill the Spring Term of the .Superior < * ur*
Richmond county, on account of the sickne.-. ;
counsel.
Further by the Vanderbilt.
Spain continues her preparations, to act <-ii< j
sively against Mexico.
Anew submarine Telegraph Company ki :
formed for lay ing a cable from Galway to Quv<
with a capital of one million tri e hundred ti.
sand pounds sterling.
The ship A. Z. Avhich cleared at New York
the 20th of September for Liverpool, foundered at
sea duriug the passage, but all on board ware
saved.
{second despatch.]
New York, Nov. 15.—The news by the a:
derhilt conveys nothing new about the Atlantic
cable.
The returns of the Bank of France shows a fall
ing off of one million one hundred and seven!,
thousand pounds sterling, and the returns of the
Bank of England show a falling off of one hundred
and sixty thousand pounds sterling. The arri
vals of specie are three hundred and forty thou
sand pou in is sterling.
More new gold fields have been discovered and
Australia.
•There is a considerable augmentation of the
Spanish fleet in preparation to operate again-:
Mexico.
The popular feeling at Lisbon is very ?tr- • _r
against England for her non-intervention poli-y
in the case of tbe Charles et Georges affair 1-
tween France and Portugal.
It is rumored that a change is contemplated :
the Prussian ministry.
The Sultan paid a visit to the United staie
steam frigate Wabash.
Piedmont coincides with France in condemn in
the abduction of the little boy Mortava.
The intelligence from India announces that the
rebels had oapuirsd Insinghur, but afterwards re
treated from it. At other points there’had been a
total rout and great destruction of the rebels.
The steamship Hudson, of the Bremen liue.Ava
bnrnt on the 2d inst., at Bremer-haven.
The Bank of Vienna had resumed specie pay
ments.
The crew of a French brig engaged in shipping
laborers on the coast of Africa had been massacred
by the negroes.
Later from Liverpool — Wednesday. Kov. 3.
Sales of cotton to-day. 8,000 bales. Middling Or
leans 7d.: Middling Mobiles 67; and.. aud Middling
Uplands 6%d. The market has declined since
Friday to 1 4 d.
Arrival of the Steamship Philadelphia.
—New York. Nov. 15.—The Steamship Phila
delphia,has arrived from Havana, which port sin
left on the Bth inst.
PERTH ER DECLINE IN COTTON.
Halifax, Nov 17th.—-The steamship Niagara
has arrived Avith Liverpool dates to the 6th inst.
Liverpool Cotton Market.—Sales of the
week 47060 bales. Cotton had declined 1 4il.
caused by steamer's neAvs from the U. S.
Tbe folloAving are the quotation- :
Fair Orleans. - - - 7
Middling. - - - - 6
Fair Mobiles, - - 7 V
Middling, “ - - 6 13-16
Fair Uplands, - - 7
a G .
Breadstuff's and Provisions declining.
Consols have declined and are quoted at 97 T n .
IJarr, Xor. Vandtrhll/.)—TW‘ Gottnn
market to-dav was dull, with sales of 306 bales,
and with a downward tendency. There are hol
ders of New Orleans Middlings at 106 francs with
out buyers.
Additional by the Niagara
Some of the Circulars report lliat considerable
irregularity prevailed in prices, but subsequently
more confidence was restored. Os the 47.066 bales
sold, 6,000 bales were taken on Speculation end
8000 for export. Tbe sales Friday were 8,066
bales, of wbich speculators and exporters took
1,600 bales.
The stock of cotton in Liverpool was 420.006
bales, ot which 319.600 were American.
The accounts from the manufacturing districts
continued unfavorable, aud business was declin
ing.
In London, the rates for money were unchang
ed. but there Avas an increased demand. The
bullion in the bank of England had decreased
£520,000.
Consols have declined, and were quoted at
At Liverpool, Breadstuff's and Provisions were
declining.
GENERAL NEAVS.
It was rumored iu England that Lord John
Russell would supersede Lord Derby, as Pre
mier.
The Prussian Cabinet had not yet !een perfec
ted.
The neAvs by this arrival is generally uninter
esting.
[The Reporter is not confident that he has given
the names of the vessel which arrived on Wednes
day afternoon, at llalifax. from Liverpool.—
Among the- “movements of ocean steamers,” re
ported in the Ncav York Journal of Commerce, the
Niagara steamship is reported to leave Liverpool
ou the 6th of November. In Wiliuer A Smith’s
European Times, of October 30, it is stated that
the Canada would leave on the 6th inst. The
news is reliable, if the Reporter is mistaken in the
name of the vessel which convey ed it.]
Overland Mail Arrived.
St. Loris, Mo., Nov. 17. —The overland mail
from California baa arrived, with mails from San
Francisco to the 22d Oct.
The Camanehe Indians show signs of hostility.
Their head chief, it is stated, has declared that he
will wage war upon the whites until the last Indi
an is dead.
Senator Broderick has arrived here by this mail
route. He had one of his feet frozen, and was
othwise injured by the upsetting of the coach in
the mountains.
TorcnrNG >. ene.— Last week. Miss Mary Ann
Gunn, aged 16 or 17, a pupil axghe Institute for
the Blind, in this city, somewhat suddenly de
eeased. Ble had recently embraced religion, and
during the lucid intervals of her illness, expressed
herself willing to die—lmieed anxious to “depart
and be with Christ.” She gave directions iu re
gard to her funeral obsequies—desired the Rev.
Dr. Boring to preach her funeral, and that “The
night of tin* Grave.” and “Mount Vernon” should
be sung by her associates on the occasion. The
funeral scene was oue of touching, thrilling inter
est. Around the cold remains qf the departed, were
grouped her sorrowing, sightless companions*
singing the favorite requiems of one they had nev
er seen, but had learned to love, and whose voice
was missing from its wonted place; and whose
eyes, though never permitted to look out upon the
brightness of earth, were now unveiled aud per
mitted to gaze with rapture and delight upon the
undmuucdand unfading glories of the Spirit world,
“with the saints in light,” now mingling her voice
with theirs in the song of Redemption. How aw
fully mysterious must such au event be to one
born hand, and Avho has never looked upon the
cold, inanimate form, tile winding sheet, the coffin,
the tomb !—J/flNJoi* (6Vob) Journal JL’ JJesssn-
V er ’
new poem is a god-send to*
the Boston antiquarians. The papers teem with
historical sketches of Puritan customs. The last
point in dispute is treated in a communication iu.
tbe Boston Advertiser. The quei4 is, “Did Pris
cilla Mullins use a small spinaiag-wheel or a large
one.’*