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GEORGIAN.
8 V VANN All:
TUKSIIAV MOlINlNti, NOV. IK, UJJ
Aitvetti»cmeiits omitted tin* da) «>uU be
Attended to in our next.
It) Ult night 1 * niHil we received from
our correipundcntt it llitludgcvillc in
proof, the Mettuge of the Governor to the
Ecgiilature, which wot del vercd on Wed
nesday Uat. We have given it entire, Tlir.
principal igtcreit excited was by the elec
tion of Judge* and SoLuitor* tor the differ
ent circuit* of the state, which wm to tak*
place on -Friday last. The following are
* the candidate! for these offices
1. East ATCircuit. Judge—Charltou,
Wayne.' Solicitor— Itond, D'Lynn.
2. Middle. Judge-*Walker* (iambic.
Solicitor- J. Wells, T. Berrien, Crueller-
3. Northern. Judge—DotAy. Solicitor—
B. Long, Bayre, Garvin, Bitter, Henly, Un
Hlerwood,
4 Oakmulgee. Judge-Strong, 4-ong-
Street Solicitor—J. W. Campbell, L. Q.
C. Ljtmar, J. Howard, Krierwia
5. Western. Judge— Clay ton, Payne.
Solicitor—Philip Abler, Holt.
fo. Southern. Judge**llarrt^. Solicitor
t. U Holt.
7. Pint* Judge—O, R. Prince, Cook,
Saffnld, Shorter. So'idtor—U. J. M'Do
nald, J. Malloy.
GEORGIA JOURNAL, EXTRA,
Jf r ethwday, 'M)V. 6.
iGOVERNOll’S MESSAGE.
Deliveredtlii* day, at It o'clock, to both
branches of t'w Legislature.
*•»
XXKCUTIVK DRPAHTMKNT, OEOROU
MlLl.KUJKVll.LK, C'll Nil*. 1622.
Fellow CIO: lit of the Semite,
Aiutltvuee of Heprceeiilattva,
As ihu repreaentatises til' the pen
pte, permit meun your annual an,rut
biage to congratulate you upon the
happy cnmlmun of our common coun
try. At peace with nil the world
1 Our agricultural pur.uit, Airmailing
car and comfort, without the lenip
talion to luxury, we find the nation
Vapidly advancing to a Mate of pity.i
Cal .tieog.lt end importance, which
will enable the Kepuhlio to defy every
•ttrmpt to drew Iter into (tie vortex
nl Europium turmoil, or to corrupt or
abolish llte pure principle, of Mur go.
vrriunent. To the principlei nl the
loiiiltltution of the Union, no wisclv
■-fruited, and prudeuily adndniatered
tuny be aitiibulcd Ihia prosperity. liui
in ilie ei'jeyment of these blessings,
we should not tie Inrgetful of the la
tmurol un ull Wise Providence it) al
lowing to u. . country lor a home,
combining every advantago that could
be asked fur by man. Uu it ouratu im
prove with a grateful heart, all 'those
benefits, no signally conferred.
In the aH'iirv of the General Go
vernment it ia believed, hut lew
Chang e have taken place, a fleeting its
exteitur relations, of immediate im
portance to this Slate. Among the
'‘mostimportant ut these, may be con-
eidered the opening of many of the
W-eat India porta to the vessels of thj
United State,. Tina was a mcaanre
a 1 xioiagly looked lor by iconaidcrablc
portion of thin State, end il in Imped
that the anticipated benefits will be
fully realised. With all the nations
uf the civilized world a perfect harmo
ny exists, which promisee to our coun
try a long and pioaperoua peace land
it is a ciicuma'ance much to he de-
■plnred, that there should be fouud any
'thing in the internal condition of nur
. country calculated even remotoly to
impair the full enjoyment of such a
blessing, it cannot, however, have
neaped you that the tecontl Chief
Magistrate ol the Union, who united
ell hearts and ell voice's in hia eleva.
tion, ia destined to led the weight of
a restless end ambitious opposition.
It would hive been a source of proud
exultation that the leal of the I'atriut,
whose principle! hist been purified
in the crucible of the Revolution,
should hive beeo supported in that
policy which ie derived from Wash
ington, and which eiperience has es
tablished to be the best calculated to
aecure to the republic, peace god pros
perity. That political atihm which
experience h» demonstrated to be
perfectly correct, " That a due prepo.
'ration for wer it ■ mean most to bo
relied on to prevent aggression,”
' teems to have been forgotten by
'Shone who manifest a disposition
So pull down and -destroy those
■pationai defences which have been
ao wisely planned, and as yet,
-but partially executed- Wert other
lessons wanting, it would be amply
nufUctetit to establish the policy in
•qiKlllou, to advert to the unpreparer)
state of our country immediately pre
ceding the late war ; much blood anil
treasure would have been savefi to die
nation, bj^a few additional liigrtes, a
few ihouamd VtH-disciplined troops
end fortifications located at the mod
exposed .and probable paints oh at
tack. Jtjlilwmilil seem that there
•re' those who are deaf to die sugges-
-tiontol experience, and whose politi
cal creed «t is for die pleasure of
hoai ding a dollar for the moinent to
,lhe retimreel of Ihe republic, end it-
I tuition of the rounlrv, is obviously a
'dicisieof wisdom. For nodnog abort
j_. nl the power of repelling injuries, will
inure to the Union a rational pros
poet of .scaping the calamiti.aof wai,
or the d. giiidalioo ,.f iuault. Such
has been die eoiighteued •ndenergr-
lir course throughout, of the piesnit
t hirl Magistrate, tud we niuy well
hope that at may not he changed from
light or transient motives,or obstruct-
rd from mistaken views of economy,
or the rt-at|ess sspirationa ol individual
onibiliun.
Turning from this slight conlem
jilation of the General to the Mlate
government, I, with the most heartfelt
satisfaction congratulate you on the ra-
lid advances which our diet. is mak-
nglo that station of influence tj'consi-
deratiuu which ere long she i- destin
ed lu'reach m the ufTnrw of tlie nation.
By her encreased population she is en
titled lo an additional repiepreaenta.
live in die noxt national Legislature.
The 6 new counties lormed out ul the
late acquiait.on ol territory from the
Check Nation ol Indians, arc now in
a stalo of complete organization, as
contemplated by and pointed nut in
an act ul the last Ueneral Assembly,
and from returns received Irom each
of those counties have exercised the
• ighli of Trueman, to be represented
in the legislative councils of the state,
by the election id' a (Senator and Re
presenlative from each county.
As our State is fast encreasing in
population, extension of territory,
mill wealth, it is tube lamented that
there exists so deplorable a delicien
cy ill our system ol Education and to-
ternal Improvement. Tncse objeers
have been su repeatedly presented to
the Legislature, and are iusNinsical
ly of such vital importance to the
prosperity happiness, strength and III-
ftaeiice ol the State, tiiat it is deemed
supeilluus to say more, than that it t-
liqceiely lo be wiahe.il, dint we may
no longer, by the asaumptiun of the
name, satisfy ourselves lor the sob-
staiillal benefits ut a digested and
operative plan ol general education
and internal improvements' Fermi,
me however to c ill your attention to
the Four School Fund, and tosuggest
whether it would uo) ultimately re.
duund mure lo the advantage of the
Slate to have that fund added to the
one ..ppiupriated tu County Acado-
mieu by die last Legialatuie. In do
ing iIns, 1- am euli ly actuated from
die conviction that the brilliant ad
vantages which some m ,y promise
Irom tins soure-o to the cause ol hu
manity and,science, will prove ilium'
ry. There I-, happily, dm little po
verty, and too much proud indepen
deuce in our country, ever to render
pour schools on un extensive plan,
necessary or profitable to the com
munity. And should an entire aban
donment on the system, not comport
with die views ot the Legislature, it
ia (esnectlully conceived that all the
beneficial results may be realized by
making the (rannler of the fund con
ditional, so as to oblige the tcvefal
Academies in educate gratuitously a
given number of punt' children, select
ed in such manner is may he deemed
meat equitable and just.
Exertions have been repeatedly
made to procure a suitable person to
fill the the office of Engineer, but 1
regret, that they have as yet proved
unsuccessful. There have been ap
plicants lor the otilcu.butthe want of
•ollicient touchers for their skill and
experience, has hitherto prevented
the Executive hnzirdiug an appoint
ment. The only individul new in
the Southern States, whu is known to
have given practical evidences ot his
qualifications, for an office ol tills
kind, is a Mr. Fulton, now in the em
ployment of ihe State of North Caro
lina at five thousand dullata per an'
num. This Stale from the talents and
industry of this ge^|eman, is said
to have derivod signal benefit. As
the services el an Engineer are, to
plan and direct and not to labor, I
would reapectlully suggest the pro
priety of attempting tu effect an ar
rangement with (hat State, so as to
ha.a the services ul lint gentleman in
es, a
giitg-
nflBf
dine
Ihe slaws end interests of Ihe Male.
I'll. Legislature in causing this subs
, eel fo lie laid belore Congress! were
impressed with the impuriince of
holding a treaty with it least one of
these tribes tn the course of the Ult
summer. In this however, iliey hi*e
been disappointed from various can-
sea, The sum appropriated ia evi-
dently Ion small to effect the. objects
fur which il was made, end it is s
subject of regret that no exertions
were made on Ihe pert nl our delega
tion to encrcase it, which it ia cun.
ceivcd could nut with any propriety,
have been objected to, when we ronai'.
der the great advantage, ami immense
profit (fiat has resulted to the Utli'ed
Slates in their' contract with llio
St.'te of Uenigia,
From the correepnndence herewith
communicated, it will be seen that the
President ol the United States, a
greeably to t rrquiat of the Legij
lure, ha express,d In a resolutiui
the 22d December, 1811, caused
commission with which Gen. F- eston
had been charged, td bo continued
upen at Athena, until the 15ih March
Lit, It will also appear, that on and
alter application by jtlie Executive to
the President, ho Iks directed that
the claima in questlin, made out in
conformity to the inttrticliona under
which Uen. Prestos noted, be received
at the War Depa/lmcht until the 1st
ul Jamnry next, when such order
will be taken in relation to them as
justice In lay require. As this is a
subject/of grout interest to many ol
our pmr and aulfcring fellow citizens,
1 recur mend it to y.ur further con
aiderui in. 1 dn this the more rendily
from a leliet that the enure* adopted
for est Wishing those claims isaori
gtd as n preclude many of the clot
mints/ from recovering their just
i ights/ which were understood to have
been pixivided for by the Indians, as
well m by the commissioners un the
part of ibe ata'e, ’The amount of
claim an yet allowed by the Freai-
d.-nr, is 888,762 62, the fint instill
mem »l which has been receivi <1, a-
greedily to the stipulations of the
treat}, and-ie regularly paid tn the
elaim.n s as they app'y, by Eli»ha
tV mil, E-q one of the secretaries of
this jdepuiinient. The reasons - for
not alluwing interest ufilhise claims,
are g)ven in the opimeHpf the attor-
ney-general of the IJaWsil (States, a
copy .1 which is herewith transmitted.
lly a resolution of i(ie Legislature,
approved 22d December last, the ex
ecutive was requested to open a cor-
feel upon this subject has titely been view there if er, with Ihe Fterelive
greatly enlarged by the institution of and the person appointed. From the
two suits in Baldwin Superior Court document herewith transmitted, it will
one in'favnmf the creditors of Wil be eeen tbit this solicitude for hi. wel.
Bam B iwen, end the other in favor of fare, was on his part, totally utimer.
B .wen himsfll. The first it prngres ited. For years he his been more in-
sing by way ol levy of executions up- i attentive tn his duties than any officer
on the thirty-five Africans now in attached to the Stato House, lie has
possession of the slste, anil the last: often been unable.fminvariouscaiis-
by action of Trover against the etstes’ es, to sign his name, and frequently
agent, charging a conversion of the , got some one of the young men in the
whole number, to wit, 95. Il will be office In do it for him. If this is al
io r you fo take such notice of these lowed of, he need never go info hia
transactions as you may think proper, office—it is therefore communicated
Thus fur the cases have been delen-, fur your ennsiderniion.
(led at the instance of the executive. I Upon a deliberate view of th's act, with
and the expense* defrayed by drafts »'l <he fuels amt argument! which hsve
upon the fundI arising from .he .ale .f
Afi leans in 1618. , . , it wsa a measure, which I then helieveo and
At the request of the Irgn.latiiro of. yet conceive, the interest of Ihe slutc re-
the efgte of North Carolina, t enminu. ‘
nicate iheir prncevdings relative to
By the arrival tail evening of the Chip
Favorite amt brig Native, we received New
York papers of the eveoing of the Id but.
They contain nothing of importance.
Intelligence from Uudriilofthe 6th Sep.
tember, stales that the Minuter of Porru-
K"l at the Spanish Court, had prnpneed an
alliance offensive and defensive between
Spain and Portugal, but that the note bad
been returned to the Portngoeae Minister
because It contained expressions relative tn
the affaira of Monle Video, and othere,
which appeared offensive to the national
dignity. The northern prdviocea continu
ed in a state of insurrection, but Madrid
wa« quiet.
the appropriation of public lands by
the general government, for the pur
poses of education. I also l»y before
you a enpyfija resolution of the le-
gialatuie orllie slate of Soutli Caro
lina, at their request, relative tn the
incorporation of the United Stules’
Bnik, within tire District bf Colum
bia.
I likewise transmit for your con
sideration, a copy ot a letter fmm the
directors ol the Feniisylvaiiiu institu
tion lor the education of the deaf and
dumb.
From the records of *he commission
er* of the land lottery in this office,
it appears that lots No. 156, 157, 158
und 159, in the 5th district of Monroe
county, are not drawn -, and are there-
tore subject tube disposed of as you
may direct.
In your coquiriea into the revenue
and finances of Ihe state, you will no
doubt discover the deranged situation
oi two funds considerable in amount,
and which hnvenq doubt suffered by
delay. These are the fraction hoods,
und sums in the hand* of defaulting
tax collectors. With a view to arrive
at some accuracy ot information in re-
S ard to the former, Ihe Lst legislature
irectcd Ihe appointment of cummis
nonera to examine and digrst file ev
idences relating thereto, and to report
accordingly, Tho appointment was
made of suitable persons, who (lectio
ed to act. The examination has late
ly been confided lo an individual,
whose report is expected lobe receiv
ed in u few rluya, and will then be
communicated,
A statement of warrants drawn Mb
the treasury during the political year
eighteen hundred and twenty-two, and
ubutiyc IL'U'JCBlru "ir wjj' n » n
respondence with the president of the a hat of executive appointments, are
United Stutee, with a |*iew, if possi
ble, to procure a itisfaclinn in money
or utherwiar, to be mad' errtain Che
rokee fudiant or headsuf Mian fami
lies, for reaervalioua ot land lying
within the limits of (his hale, claim
ed under the treaties con/lutled at the
Cherokee Aaency on (he 8 It day of
July, 1817, and at Washington City,
on ihe 27‘ih February, 181$. Upon
herewith transmitted, "lly the latter
document it will be seen, that on the
I2lh day of August last, Simon Whit
aker, E,q. was appointed Secretary of
Stale, in the place of Abner H nn-
nnmd, K.q. The causes which led to
tins exercise, as it is conceived, of a
constitutional right and political duly
of the executive, I deem it not ini
proper to submit loyour con-ideration.
this subject the PresideAt has given About* month previous to the I2lh ol
such directions is it hoped will August last, Mr. Hammond, without
produce nn amicable uijjustiuent u f the knowledge of this department, had
kaacrtttce thousands at a distant UL'iiud.' > ’' > >cra 1, e to co-operute
A .1— _ .i . _ * . witIV Ills* Sf_.li* ('llinniuxinnnsa 1,1
A S’eady ad-ierence to a system of
MlilMiai delence, commeneuiutt with
coijuction.upon such principles us
may be deemed equitable and just.—
From the length of t'nno he has beau
in the employment of North Carolina,
it il hoped and belived that such an
arrongemuut is practicable, and the
occasional services' of man of expera
«nce and acknowledged talents aii,|
industry, would be mare satisfsetor
and beiivfinial, than the undivided ser.
vices of one less skilful.
The Legislature, by resolution bear
ing dale 16th May, 1821, directed a
correspondence to be opened wilh
the President of the U. States, with a
view ul a further acquisition el terri.
tory. The same subject was revived
by an additional resolution of (lie £2tl
December last, which also embraced
me topic nf citiaeu’e claimi aganat
tlie-Cherokee nation. These tesolu
tion* were duly complied wilh, aud
communications made tu the Freai
dent and to our Senatura and ttepre
eentativea-in Cntigreas-; and au up-
prepriatmn of lliirly thoueand dollars
waa made lor the purpose ul treating
with the'Creeks and Cberokei-s. Ueu.
John Floyd. Col. Duncan U. Camp
bell and Mnj. Janice MerriweNier aie
appointed cummiasiunera on (lie pail
ol the U. titates, to- hold a treaiy with
Ihe Uhenikees. Tile said Cuiunis-
with me Stole Commissioners m pro.
mo.mg to llie extent ot 'their power
i hose claims.
From the eircumttisce of much
time having been necesierily consu
med in examining tile 'records and
files in this office, lor evidence to sup.
port tho claims fur militia services
endered under the tmlem of the Pre
anient, in tile year! 1792, 3 and 4, I
lias unable tn comply wilh the direc
tions of tho Legislature, as embiaced
in Iheir resolution of the 22,1 Decern
ber last, in transmitting ihe memurial
tipiin this subject, with the documents,
to the President and our Senators
and Representatives in Congress, un
till Ihe 1-51 li February following. The
Secretary of War acknowledged the
receipt of my cnmmunication, with
the ducumenti, and states that " the
President was clearly nf opininn that
the whole of Ihe expense of defend
ing the Union, ought tu he paid nut of
Ihe general treasury, and no part of it
frnm any particular state'” I also
received a letter Irani our Senators,
dated 1st March, and from one nf our
Representatives, (Dr. Abhni) dated
6Mi March, upon the same subject
which are transmitted. For the views
ol the remaining part of the delega
tion, I refer you to their letter of the
13 U of (he aame month, which is also
submitted.
The report of the military commit
tee, made by Mr. Elliott Jo ihe Senate
of the United States on the 15th A-
pril on this subject, concludes with re
commending a resolution " that the
military committer be instructed tn
re|>ort a bill appropriating 8129575
66 in full discharge of the militia
claimi of Georgia.” It was to have
been hoped that the adoption of this
report would have been urged upon
Congrese. Claims *„ just as these it
is believed must & will ultimately be
adjusted tod paid. In fur'herance ol
which, 1 would recommend that the
legislature again urge tho attention
of mir delegation to this subject.
The Digest of the Laws, compiled
by L. Q. C. Lamar, E-q. under the au
thurity ul' the act of the legislature,
has been printed and delivered. An
appropriate numb,T of copies has been
distributed, end the surplus copies are
on hand, to be disposed of as you may
direct. The printing ot another cum
pilaliuu, by O. II, Prince, Esq. has
bedn centraced -for, and will Ue de
livered by 1st December next.
The poceedings in the District
Court in relation to certain Africans
illegally introduced into the Uuited
States, are still pending. The coo
absented himself from the seat of gov
eminent, nor did ne intimate to this
department the length of time he in
tended to bo absent, or the place
whither he was going. A clerk, con
trary to the ixpress orders,if the Ex
ecuuve, persisted in the discharge ol
the duties of the office as deputy, act.
ing solely under a letter of attorney
Irom Mr. Hammond, and signing his
individual name for flint of the Secre
tary—"Tims. II. Crawford, for Abner
Hammond, ■Secretary of State," The
absolute uncertainty of the time at
which th'e Secretary would return, it
depending upon contnigencies which
might protract.hia stay tu an indefi-i
ite period—knowing that there rust
ed nn law of the legislature which
would legulize the actajd' his clerk, liu
matter under ivhat authority from his
princtp.il he might have acted—and
believing that the great seal of the
state, which had been solemnly intrust-
exl to me, and according to the forma
prescribed, solemnly committrd to the
•ale keeping of the Secretary, had
been by him illegally and impiuperly
transferred to a mere boy, acting un
der no oath or legal responsibility; in
fine, knowing that the office for the
time was vacant, and that it had been
vacated to all legal intents by the act
nf Mr. Hammond himself, ami that
bis long absence, arid the uncertainty
nf hia speedy returiyaffirding no sutti.
cient g ound for the exercise of Exec’
utive torbearance in hia fav-.r, without
a direc^and palpable preference tu
individual convenience, at the ex pen«e
of the public good, and the rights ol
the community, 1 deemed it my impe
rious duty, under the 9(h section of
the 2d article of the constitution, to
resume the Great Beal of the Slate,
and confide it to the keeping of a more
attentive officer. Mr. Whitaker was
aocordingly selected to fill that vacan
cy.and was the day thereafter regulai
ly inducted into office. So far how
ever, as provision could be made to se
dure Mr. ILmmond Irom all possible
injury by this act, his feelings nor his
rights wore forgotten or neglected;
lor it was expressly mentioned tn his
successor, that it would be gratilviog
to the Executive, in the events of his
return, that he should resign the office,
and that he should retain the clerks
then in the office. AH this was done
with the view to the appointment of
Mr Hammond. The principal injury
sustained by him, is attributable to his
own indecorous, rude and vulgar con
duct, on his return at his first inter-
quireri, rfvI the provision* of the Constitu
tion demanded. That I may hnve erred
from a defect of judgment is possible, for
fallibility is the lint of all men. And there
nre nn inst ument* more vurimudy constru
ed, than the charter* of our National and
State rifth'i. In the formation of my opin
ion upon the article in question, I nought
neither to fu'ce * power by implication, or
torture word* to a meaning not intended
for them. It n a rule of construction dic
tated by plain rea<ton,R9 well as founded cn
le^al axiom*, “That every pa t of an ex
pression on ^Itt, if possible, to be nHowed
some meaning, and made lo conspire to
some common end M
It uevercnuld have been intended hy the
wist* framer* of that instrument, which whs
made for the good nfthe whole communi
ty, that the operation! of the government
might be auapended by the capricious ab
sence of an high officer of state, and that
there should exist no redeeming power lor
suen an evil, both speedy and efficient in
it* operation. Is it not more consistent
with the principl e which they littd in view,
»o construe tlut power rb a political one,
speially granted and to be exercised at the
discretion und-r the legal and constitution-
nl responsibilities of the Chief Magistrate of
ihe Bute? Such I conceive to have been
the intention, such the specific grunt us ap
plicablc to the case in question, and such
my responsibilities.
As to tin* question of vacancy or no va
cancy, suffice it to say, that I conceive, hud
Mr. Hamm md died or resigned on the
12'h day of Augus:, so far us it tegnrd*
ed the community in the discharge nl
official duties, it would have hud no
mure effect than did his absences Ad
tIA'Se causes aMo produce the same con
sequence* to the peopie; and if, in the
one, Use protection of the rights of the
community should be incompatible with
those of an individual, the latter must yield.
Ah hough :ia regards the powers of the Ex
ecutive whilst acting under oath, 1 should
not conceive, precedent in any c>«se bs ab
solutely binding, vet I would he disposed to
give to one, the most mature consideration. !•
know of no precedent entirely analogous to
the present case. In principle, however,
the doctrine contended for is conformable
to the views and practice of one of my most
cuiightcd predecessors, as will appear by
do uments herewith transmitted. It is
well known to those who were acquainted
with the late Governor Jackson, that he,
having himself been one uf the framers of
the Constitution, must have understood and
regarded its true principles. Under his
administration of the Government, we find
thus he iHBiieil orders directing the Statev
House Officers not to leuve the Seat of Go
vernment without his consent, and dictated
the hours they should attend at their res
pective offices for the despatch of business
V>me that knew him, will believe that he
would issue an order, 4 nullity in itsulfand
which lie was not empowered virtually to
enforce.
Tnot this appointment of the t£xe-
cutive has been by a separate and dis
'inct branch of the government re
ie wed und pronounced illegtl and
unconstitutional, is fully known tu
you. Not arrogiting tu myself as a
co-ordinate branch of the government
the power to decide upon tue constitu
rional rights of the Judicial depart
moot, I claim to have exercised in this
case, the power* properly belonging tu
and expressly given to the Executive,
The framers nf our cuttsliiuiiou
undoubtedly supposed, that in that in
8trument,.they hail laid a solid fuun
datinn un which the WHilniti ol future,
Legislature* might establish laws se
curing to their constituents the full
ami free enjoyment of all Iheir just
rights. It devolves upon you to en
quire whither that end has «been suffi
ciently attained—if it has not, to de
vise means by which it may be more
iflVetuiilly secured. Dies the Con
stitution itself require alteration
amendment ? Ir is with you to pro
pone such alterations or amendments
• your wisdom may suggest. Are
The fifth day of December has been ap
pointed * day of thanksgiving in Vermo^
Tho easterly S ,.le.ol the S9lh ult.
was loir in Boston. The title was
ihivon in to an unusual lioieht, amt
overflowed many of the principal
wharvev, anil csupml the removal of
much property from them. Two or
three small vessels were sunk, »ud
several large ones da,listed.
Spain.—'The Democratic Pre.*
states, mm private advices have been
eceived, tin which reliance mav ha
placed, ttiat some of the most influen
tial liberals at Madrid, members of
he Cortes sod administrators of tin
Government, have addressed a form; l
and explicit communication to the
British Minister, 1 Ids paper states
the the addressers have nscert,lined
noil thoroughly satisfied themselves,
that, in a certain number of enumer-
ateil cases, the Government of Franca
has adopted hostile measures against
the establishment of the Constitution-
al system in Spain—That these i U ea-
sores i\sve not 'heretofore, been \mb-
liolj resented ; but that if after the
present notice, France shall again act
liost)lely, Spain will resent, and her
resehtment probably issue in a repeti
tion'of the case of Chailes i. and
Louis XVI. which may extend to the
whole of the Spanish braucli of tha
house of Bourbon.
iiing lawsailequaie to aecure to the
people the great object of ell rightful
legislation ? —the good order aud har
monious administration of the govern
ment in allits departments according
tn the true principles oft' which our
Republican institutions rest. If they
are not, it is within the scope of yuu
fanriinns to apply the corrective Rod
in the language of (he constitution to
make ail laws anil ordinances which
you shall deem necessary and proper
lor the good of the state, which shall
not be repugnant tn the Consti
tution. With these objects steadily
in view, regarding the (hmstit'jtion a. s
the Polar Star by which,you are fit, o e
guided, and believing, »<; you Un ques
tionibly do, that a purlion or the rights
of the people were delegated to you,
to be used fur their Common good your
deliberations cannot fail to result in
the adoption of measures .best calcu
lated for the advancement of the high'
est interest and happiness of the pen'
pie.
Reports Irom the different Banks in
this State h ve been received, aud
with matters of minor importance re
served for future communications.
JOHN CLARE.
A bvilKtat meteor was observed to pas.
through the horizon at Nea-Yor'l on the
evening of the 3- ah nit. between 6 ami 7
o’clock, frjig a northerly direction.
The Pitlsbug Mercury of the 83d
ult. contains an account of the trial of
a cause before the district court U.
(States at Pittsburg, in the previous
week, which excited a good deal of in.
terest. Mr. W. 11. F„,ter had bevn
deputy commissary id purchases, un
der the U. Ntates during the late war
and had staked his private fortnne (i>
enable him tn furnish public supplies,
particularly prior to the battle uf N,
Orleans, when the United States did •
not, nr could pot, furnish the supplies
themselves; yet, when Mr. Foster, at
the close of the war, produced his ac
counts, tor settlement, certain claims
were rejected, and lie'was proclaimed
a public defaulter : these iloms wera
rrjeeted. it seem-, first,n charge for
ai rvice as special i-stqng crtmmiaiary;
tecond, a claitriNbr money, paid for the
public, which he hail borrowed for the
purpose on his own responsibility ;
and third, a claim for lotseB sustained
by the depreciation of treasury, notes,
t.he ejection of llicue items caused &
balance tnappear due by him—for that
balance suit was brought, anil uu ths
trial a jury of hi* country relumed fi
general verdict for the defendant, ac-
eompumed by a certificate that the U.
States was justly indebted to Mr.
Foster, in the sum of seven hundred
and tony-six dollars, "This commu
nication, fsays the Mercury) is made
with the hope, that, as a cautionary
lesson, it may prevent fu ure unlound.
ed publications, and deter the slan-
iU*rer from* atttempting to expose to
scorn ihe reputation of men, to whom
the government i» not w y indebted in
a pecuniary point of view, but to whom
the nation at large owe an incalcula
ble debt of gratitude.” ^
The London Morning Chronicle,
received at the uffice of the Daily
Advertiser, contains a narrative of
the sufferings arid abuse of Capt. A-*
vey, a citizen of the United States
win, having occasion to visit the palacu
of the King, at Madrid, was on his
return thence assaulted in the street
by several soldiers nf the royal guard,
members of the" Jinny of the Faith,*
who, after (mocking him down widi
bludgeons, struck him with their a*
bres across nts head, cutting hi
verely m two plates. For ,-' - '’
body C ' <1 - 10 rUn tl ‘ n “ trough the '
chame ^'•■"A'reyw.s taken ia
Uo- ?t - y C ? “ fficers of '<>*
“Uyal Guard, who caused him'
to be incarcerated in a dungeon,
Where he was at length discovered by
In* friends. His wounds had not beca
dressed until eleven hours after their
infliction, and he was kept without
touduutil unon uf the succeeding day.-
Alter t.confinemcnt of three dare he
was allowed to depart. 1 •
lhua was an American citizen as,
suited and mangled by assassins of the
Royal Guard in Madrid, confined in,
dungeon, without medic,I assistance'
for his wounds, neglected to be wa.
plied with the common necessaries ef
ol Isle, and relained-iu a Spanish pri-
sou lor three days, merely becsu«e he
was seen tocame from the Place and
wore a white hat, whiclrtb them de-
signaled him lo belong to the liherel
«r III other words, to till- constitutional
F* r }T' Although the l.eq'iinition ia
-bol.abed, the tioatuientuf Capt. A