Newspaper Page Text
ittifa
DOMESTIC.
From
m the Nett) York Daily Advertiser,
is of the Trial of the Her. 12. K. A-
nSl.
square and a bit of p<inci!.^ v T|ie paper nn\i
pr&dioccd is thd'siuue... Tile c#rJ ms a ’ sbir!’,
line deeply buried in i’tfe ; neck, tightly draw
and t'.ie knot what is called a slip knot. Af «v
Synopsis of the 'i'riul of
very for the Murder of Sarah Muir a Cor. inquest, tlic body was interred rp'tbetoupv-
iag ground,, and p-a/ets-sultl. On-Moatlay.al-
K 1 his trial lias already occupied three weeks j cr< (] ( p b.ftlv was disinterred by theei/ronei,
up to Saterda v last. '1 l.c Newport Mercery is an ,j a Jury smnrfl*rit.'4 and tiie body examined.'
•Jl opinion ill !i die counsel will cdtnincnce sum- , |,y VVilbor and Hooper intered the same day,
moiling up on Monday; aud it was inkulutcd 0 ^ the 25_tb was again dwintered examined by
timt the week would be principally occupied
in heirj.iijtiie aTg linen's. Up to Friday morn
ing 68 witnesses irad. been examined for die
govormneut, and 104 for the prisoner.-- It ap
pears that a larger number of witnesses* have
i)Q -n heard than on any criminal, prosoc&tion
in this country, and it is probable it will orert-
py a greater length of time. The utmost lati
tude has been given to counsel and .witnesses,
'every point of la*,v has been' nbly discussed,
and a mass of proceedings had that can lie ol
very little consequence to the public. All th it
the public wish is the simple testimony, strip
ped of technicalities and legal points. Instead
occupying the voluminous accounts that might
fill two or ditoo thousand pages, wo have made
up a brief account of the .testimony, in a com
pass to be read, and in such p! tin and simple
garb' that the reader may obtain a clear view of
the casa without jvnding through the volumes
of extraneous matter.
“Tile trial commenced 7th May, at Newport,
before Chief Justice Samuel Eddy and Judge
’Charles Brayton and Job Darfur.
Ch’insrl ibr the State—Albert C. Greene
Esq. Attorney General; tho lion. Dutcc J.
Pearce of Newport; and Wm. 11. Staples, Esq:
of Providence.
For tlic Prisoner—The Hon. Jeremiah Ma
son, of Boston ; Riqltard'R. Randolph; Hury
Y. Cranstouu; and J. Turner Esqrs. of New
port ; and -■-Blake, of Bristol.
The prisoner on being seated, tbs indictment
was read, containing t'.iieo counts, charging
him with clioakiiig and. strangling ^aral/Maria
Cornell at Tiverton; of lying- her to a stake,
and of indicting various wounds by widen she
instantly died.
Tho prisoner was dressed in a dark dress,
on l wore.green spectacles; lie appeared liim,
and answered in a distinct manner, that he was
: xiot<piilty. __
Tuesday the 7th, Wednesday 8th, were prin
cipally occupied in obtaining a jury principally
lowing to the fact that a large portion of those
“summoned had made Tip their minds.—Much
time was oicupioJ in bearing counsel—at last
tho jurors were empaunclled.
Elcuzer Trcvett, Foreman, Janies Easton,
Joseph Martin, Wdiiam Read,
■Charles Lawton, Gideon Peckhani
George Tilley', Milton Hall,
^Jloratiu Taylor, Edwin AVilbor,
Noah* Barker, John Sherman,
? Thursday the 9th.—Mr. Pearce opened the
cause ou the part of the prosecution. After
his exordium remarks on the various couuts o!
indictment lie came to the history of facts, and
what they on the part of the goverment, intend
to make out and prove; they were simply
these:—that on the morning of Friday the 2ist
December, the deceased .Sarah M. Cornell was
found dead hanging to a stake, some five or
six feet high on the premises of John Dutlee,
near a stack of hay ah mt three-quarters of a
mile from the most settled part of the village of
Fall River.
Tim day and evening previous she had been
in good health and spirits—left home about. 5
o'clock P. M.—whop she was found, suspicions
wore aw.ikpncd from tho manuer in winch she
lay, the adjustment of me cord around tier neck,
tho fastening <&tv that it could not have been
done by hoi self but that some person had suffo
cated her first and than tied her $0 the stake.
Tiie placo in which the corpse \Vas found was
evidence of a struggle; the manner in which
bar cloaked was hooked, the deportment of
her-arms, the bruises on her body all conspired
to show that site could not have caused her
^pwa destruction. He said hr. was well aware
that 110 positive proof could be brought to sup
port th, ’ charge—-but that circumstantial proof
of the stK in g'* ,it character would be placed be*
faro them. Thnt they expected to show a pre-
vions intimacy ofCp extraordinary character.—
That on the 20th December last, on a boisterous
winter day, the prisoner without making known
to hiS family or frtet.’ds, I.'ft his house at Bris
tol, was absent all nigJtt, tha? he want to John
McCurry’s thence to tlu’ Stone Bridge, thence
40 or 50 'rods on the Fat.* River read, thence
over a wall to a stack nea.r a stack yard, a
lonely spot, thence hack about 10 in the eve
ning to Jeremiah Gifford^ liou.?e,-that sefeams
and groans were heard in the course of the
evening, and that-a correspondence.' Iwd been
carried on between thc decease^anJ l.|lc pris
oner, appointing a placo for their meeting, be
sides other important incidents ahd facts' con
nected with ibis most mysterious and extraor
dinary mnrdcr. _ The prisoner was a clergy men
of the Methodist persuasion, and the deceased
a factory girl iu liftniblc life.
Tho witnesses were then called.
Joseph Durfec, a resident of Tiverton about
half a mile from tlic Fall River bridge, stated
jiut 0i2 the 21st December, about 9 A. M. ho
was going y» ith his team through a lot abont 60
rods from his *o\»'.n house, near the stack yard
lie saw a female hinging to a stake, her hair
Av is over her laco, and no signs of lilej she had
u cloak on, hookej nearly tho whole length but
one, and that just below tho breast unhooked
her Calash was on;,strings untied, no shoes,*
feet together ns if they had been tied her knees
bent forward, ho# toes on the ground her clothes
under smooth, her face was against the stake.
The string by which sfie was suspended was
tied round about si^ iqchos from the ton oftiie
stake, .and from tiie place where it tvas tied a-
bout six inches from tho neck.- He called three
parsons and proceeded to tnkn hot down, first
fiy taking her up and then by cutting the string.
Sho had gloves on her hands, her Iraifdker-
chief and shoes were about 20 Inches frqm jhc
spot.
Took the bcrly in a wagon to his house and
rilled a coroner,- went to tho house of Miss
Hathaway where she boarded and obtained her
trunk and bandbox; and with the key which
was to the pork.it of deceased opened the for
mer and found tour letters, onu pink one ‘yel
low and two white; one of •which was directed
• to Rev. J. M. Bidwell, Fall River, and the oth
er to S. M. Coi'ncll, all of which arc tho same
•s now produced. In the bandbox there was
dotting, a piece of paper about four inches f
the same physicians anJ again fin-illy buried.
Cross-examined. On tlic previous evening*
saw a man standing near thesiack yard, stand
ing still. Ho bad on a broad brim hat, high
crown with a dark coloured surtour, could mi:
sec his face—was attracted to the spot by the
blasting of a rock. Re*. Mr. Bfdwcll was tht*
first one to recognize the deceased.
Wm. Dane:?, one of the coroners Jury sta
ged that thb cord was so dqrply indented in tiie
flesh it was diflicnlt-to find it; tjiit it was pas
sed'round the neck twice. The kqpt was un
der tin: right ear and th' 4 nock not broken.—
The cord was of common marljn,:and Secured
by what is called a clove hitch. - .
Seth. During, assistant Postmaster at Fall
River, -saw the.body and confirmed the stafe-
mont of the last witness and chat also on the
19th of November, he made up the mail to
Bristol, thetf was out qne letter mailed and
that v’as directed to tlic Rev. Mr. A very, the
wafer appeared wet, there was two letters
dropped in, the .other was to Mr. G: Ransom
Woodstock, the last was produced and rccog-,
nised ns his mark 10 on it.
4. L. W.. Brings Postmaster in Bristol, sta
ted that on the 19th Nov. he received a lj;,rr
from Fall River, cost mail'd < . C!1 , S> Jv liidi
was directed to ‘f.e'Rcv. Mr. Awry,’ on the
12:!i a letter at Cents, also directed to Mr.
Avery, did not recollect delivering the letters
as Mr. A. had-a box hut at the end of the quar
ter, Mr. Avery'paid his hill. Recollects see
ing a pink-letter for E. X. Avery liut docs not
recollect the time.
5.. Eiilvi Hicks, coroner of Tiverton, coa-
finived the-testimony of tin* first witnesses as to
the state in which the body appeared.
6. Dr. Foster Hooper, Physician of Fall
River, examined, <lid not see tho body -previ
ous to its burial, but on Monday' examined it.
The head was thrown back, the neck indented
three eighths of an inch,-the skin not-broken,
the state of the lungs and .stomach healthy*
knees very-dirty with scratclics and bruises, and
stained 'with grass. -
Above the hip there were several contusions
on examination, a female child,- half grown was
found ; other particulars were stated, as to the
particular part, which are too gross for publi
cation; Was present at the second examina
tion; there were no bones broken. A. long
cioss examination followed as .to the appear
ance of bodies after death, by hanging, of little
interest. .
7. Dr. Thomas Wilbor sworn was present at
both examinations, tyid confirmed tho statement
of Dr. Hooper, as to the state of the body.
Said also, that deceased consulted with hint as
to her health', front which he drew the conclu-
s : on that she was pregnant. On his cross ex
amination he stated at the first examination
the principal thing that Iqd hint to suppose the
violence was coimuitted by another was the
tightness of the. cord, the cloak being hooked
and the gloves on.tne hand.
Froni all the circumstances combined, was
fully satisfied that death was caused by strang
ulation and thou hung up.
8. - Wm. Allen saw the body at the stack,
and confirmed the statement of John Durfee.
9. Bonj. Manchester; was engaged in blast
ing rocks on land belonging to Andrew Robin
son, near where deceased was found—about
sundoWn on the evening of the 20th December
after charging a rock with powder and leaving
a train lighted, as his labours were Over, set out
with Abner D ivis for tlic west end of the mead
ow, and .met a person with the skirts of his coat
in his hand, passing towards the rock where ho
might lie injured by the explosion ; we hollowed
to him just as the explosion took place; tiiq
tnan stopped a moment and then went off in a
little different direction ; his person was rather
tall and wore a dark brown surtout buttoned up
snug, with a wide brimmed hat—lie resembled
in every particular tho prisoner Near the
placo was a cart standing which contained bags
tilled with work tools, which were se-.ved .with
cord similar to that found round tho stake.
Saw the next day tho body in the stack
yarJ, and about 20 yards distant picked up a
piece of a comb which being produced' lie
identified. -
Cross-examined—Stated that he could dis
cover no d/flerenco in size, color, or. material
between the cord on the bags and that round
the next of the deceased. ' ;. • , *
ID. Penelope llnrton-—A lady advanced in
life was present, and assisted in laying oat the
deceased—stated that one knee was so much
colored with green grass,.that they cotdu hard
ly .wash it out, the oiltor also stained. The
body was very badly bruised, and had marks
of violence above the hips on the loins, by the
prints of the hand. ^
11 and 12. Riijh Burden and Dorcas FoTd-^-
Both assisted in laying out deceased and con
firmed the testimony of Mrs. Burtcn, and also
stated additional injury on the body.
13. Susan Burden—Identified the slip of pa
per produced, which was taken from Maria
CprneiPsJjand box. * '
14. Thomas Hunt—Identified tiie piece of
cui?i-> found as belongin'g to'the deceased.
15. A bin. Davis, •confirmed the*testimony of
Bonj. Manchester, witk whom ltd was blasting
rocks. At Bristol ho picked out EpItm.K. Av
ery in the.street, walkin® with two other per
sons, as tho man be.scw on the cVening of the
20lii Dec. in the lot near where the girl was
found: His whole appearance—hat, coat,
height and all were the same, and had no doubt
in his mind, that he was the same man. The
string on the girTs ndek avas the same as that
they hid laced tho bags- with* they used tire
bags to sit on whiie drilling holes in the rocks.
Soon after the murdc/ one of the'bags found
without the .cord. z .
16. Richard Durfee, .tho father of John, con
firmed tiis-s m's. statement.
17. Wm. I la mil tort slated that on tho eve
ning of the 20lh Dec.- lie was on -his way from
Taunt in to Fall River, and stopped at Mr.
Hambloy’s store to get Something to' drink—
on leaving the store ub >”' 9 o'clock, and cross-
.ing the hollow near Jon.i Durfire’s house, lie
hbaWt the scream* ami stifled, groans of a fo«
maledbr sonic three .or four minutes from the
-irection of the stack yard. .He thought some
>ne was beating a woman, but on reaching the
rising ground he could hear nothing more.
-l&-'Benjainin Hambley recollected ilathii-
:;»n)s calling at the store nt the tune mention
ed.' .* •■* •••“.;■ . •
19. Eleanor Owen lives about a quarter of
a mile from the ? stack yard—on the evening
.of tbeiJOth the wind was high front that quar
ter, she'heard die screams of a woman.
20. Mr. Pierce, is a ferryman at the Bristol
Ferry. Avery canto down about 2 P. M. on
tho 20th ; ho took him in the sail Boat: the
wind blew hard; he was dressed in a brownish
surtout coat and dark hat; had no spectatles,
cane or bundle, as on former occasions, he
wore a cloak. , *
21. Jeremiah GiflfcrJ keeper of the Bristol
ferry, recollected. Avery’s crossing about 2 o’
clock on tho ‘,20th,when landed at Portsmouth,
did not 'notice the course ho took. A very re-
turi>6d to Ins house about 10 the same night,
uftcii-jre was a bed ; got up to-let him in. lie
wanted to cfoss*nnd said Brother Warren told
hint he could get over at* any* time—that his
family wen- very unwell, and he wanted-to get
home; witness said it blow hard and that Phy
sicians were in Bristol <and-eould-be called if
needed. Avery said he had .been up on the
island on business, and had he known lie could
not get over, lie would liUVc staid at Brother
Cook.’* • -
Prisoner then went to bed,-lie was drrssod
in a brownish coloured surtout and large brim
med In the morning early lie left.
22. Wm. Anthony, lives.at Portsmouth—on
the afternoon of the 20ih Dec. a person resnt-
bliiig Avery passed Ids house. •
23 aud 24.'"Wm. Carr and Charles Carr,
passed a person resembling Avery outlie road,
on the afternoon of the 20rli Dec: near Fall
river.
-Win. Chaston, keeper of the Stone
Bridge gate recollected a-person crossing an
the 20th Dec— in the afternoon, and had nO
doubt that Avery from-his dress was the man.
26 and 27. Lee and Bunhit called, but gave
no testimony of the slightest consequence.
28. George Lawton ; keeper'of the Stone
Bridge Tavern, saw a 'person pass who resem
bled Avery in every respect.
29. Annis Norton, lives near tlfc Stone
Bridge. On the afternoon of the 20th saw the
prisoner pass Ida father's Infuse.
30. Gardner Coir* bar-kcer ait Lawton’S
Tavern, recollected a person calling at the
house about 6 P; 51. on the 20ih Dec., and
getting supper.; ho jeft in a liurry hut could
not swear that the prisoner was the person:
31. John Burden met a man near Fall Riv
er, going.$oUth, abautUO njintvs past 9.
32 and 33. -Wm. Gifford and Jane Gifford,
saw Avery''on the mor lung of the 21st, when
hoxfcrne down stairs he regretted ho had not
cro'ssed the uight before as his family were
sick;- ■ - : , . -
34 Mrs Harriet Hathaway knew -the de
ceased well; she boarded at h?r h use. Ou the
afternoon of the 20ih slie sard she was going
to’ John Durfee’s that she should be home soon
oral tho furthest at 9 o’clock, she sat up til!
10, when site left the door open for. her and
went to hod: ' Deceased worked at 51 r. Antlio
ny’s mill and at noon requested to have supper
ready before dark. Site, changed her frock
took supper and went out in good spirits with
hcf dqak and citlasli on; bad lived with her 3
weeks and alwa\’s remained at home except
when she went to meeting.’ Identified the comb
and letters as those she had seen the deceased
ltayc.
- 35. Lucy Hathaway, daughter, to Harriet
worked in the milFwith deceased, who told her
of her intention of leaving ar half past 5 o’
clock on the 20th. She appeared uncommon
ly cheerful* when she left thb* millet-witness
indentilied the letters produced as those sho-Jiad
seen in her possession. Deceased told her she
was tit ill health—that she had not been well
since she went to Thompson's camp meeting—
that something took pfrtce. there that caused
her sickness—that she had seen something ve>
ry Improper, between a minister (a married
manj and a church member, and that she should
not go there 'again/ She said as much ns that'
her complaintVas tliat which applied to' fe
males only. Saw the cord taken from the
peck—k sbmewhat resembled those uScd iii the
factory, but Was smaller. V ; .
Mondav, 13th May/
36. Harvey HartVden lives at Fall River—
was one of the committee to invesiigato the
circumstauccs of the death—was .at llristol at
'the first examination—ealled at 5Ir/Smith’s
store for Jialf a ream ol! letter paper, which he
bad on tlic 8th of. December,. _ Among it was
a half sliest, which he produced In <?oftrtf
which* compared with a letter on a half sheet
with a microscope, the fibres and water mark
correspond.
Witness went in pursuit of Avery and arres-
ted^iiim at the bouse of Min'd, in- Ridge, New
Hampshire, described at length the ntauuef of
searching the house, tlic manoer in which he
was secreted behind the door, and the agitated
manner of the prisoner who gave himself up
without i.'ic'least rcsistence, and came willing
ly ou with witubss to Rhode Island, when he
was delivered up Jo tiie authority.
(To be continued)
* ' From the Federal Union.
BASIS OF REPRESENTATION.—The
seventh section of the first article of the Coif
stitution of the State of Georgia, as it now
stands, ordains, that ‘/die House - of Represen
tatives shall be composed of members from all
the counties which now are, or hereafter may
be included wtliin this State, according to their
respective numbers of free white persons, and
including three fifths of all the people of col
our;” ‘‘but each county shall have at least one
and not more tliaii four members.” The Con
vention proposes- to alter this part of the con
stitution, by.striking out the clause which re
lates to persons of colour; so as to apportion
the Representatives according to the number
of free white, perilous in each county. In
commenting ,oa this proposed alteration, the
Georgia Journal remarks, “It stifles the voice,
and prostrates the influence of the. slave-hold
ing, the principal tax-payiiig portion of the
State t by adopting tlje Northern, aiid repudi
ating the Southern principle; By the South
ern-principle, we mean of course, tlic mixed
basis on which stand Jlie Southern rights ih the
Union.” Here is'a palpable tittcmpt to excite
southern prejudices against the plan of repre
sentation recommended bv the Convention:
\vith how much justice we will cxaniiiio. With
regard to the suliject matter.under considera
tion, what is, we ask, the southern, principle?
The truth is familiar to every one, that the
federal constitution was-ilie result of a compro
mise. founded on reciprocal concessions drum
thu different portions of the Union. .Tim 6th
clause of that constitution embraces a material
part of that cdniproniise, in the following words:
“Representatives and direct Taxes shall be
apportioned among the several States which
may bcMiicliidcd within this Union, according
to’thcir respective numbers; Which shall he
determined by adding to tho whole hum bee of
free persons, including those hound to «;rvico
for a term of years, and excluding Indians not
taxed, three, fifths of all other persons.” This
clause contains nuruiil' concessions; it secures
to the'slave*holding States, a concession, that
ih the popular branch of the Congress of the
ITniifvt Siatpi: thW ill-ill have a renresentatioii
United States,' they shrill liaye tt representation
greater than is proportioned tct the number of
their citizens: and at the same time it secures
' Rev. lln. Averx.—Tho closisg scene of this
remarkable trial is said by those who witnessed it
to.po»ses3 surpassing interest. After the court
had rc-asscinbled to receive the verdict an iutci*-
yal occurred of ten or fifteen minutes, on account
of the absence of the prisoner’s counsel; and al
though the court-house was crowded toils utmost
“rapacity, tlio-wudieuce preserved a profound si
lence, and all were fixed in a gaze of eager aud
intense curiosity. IIr. Avery biinself, says the
Editor of the Boston Advocate,” daring this try
ing moment of'suspense and uncertainty,.when
his life or death hung on tho hrca;h of tha jury,
maintained the same steadiness of nerve, an(Hm>
movjhility of cQUiitcnmu-e. which have so remark-
i:ily distinguished him throughout tiie whole trial.
The wonder is, that, innocent-, or guilty, he has
hee'u able to.sustain this awful pressure with
such fortitude a'nd tfquanimity. At. otto period,
when the Attorney General was minutely descri
bing in thrilling language, the probable inode in
which the fatal (Iced w.ndene, the prisoner fixed
bis lafge eyes upon him, and scarcely moved thein,
till the fearful picture was finished.”
After the verdict was recorded and tho Attor
ney General observed as a matter of course the
defendant was pow entirely discharged, ho be
came suddenly but slightly affected, and a tear
Marted to hit eye.—-V. ¥• Commercial Advertiser
from them a concession, that they shall pay,
in the same ratio, a larger proportion pf direct
faxes, those taxes which bear most heavily on
the people during periods of war. This is a
part of ihe fedora! compact: and the South
ern States are satisfied with the bargain. In
relation then to this subject, viz: the compo
sition of tho house of representatives in the
Congress of tho United Suites the southern
principle, or more properly - southern policy,
requires that* three fifths of.tne. slaves' should
bo included in the enumeration. .....
Need we remark, that.the federal compact
extends not-to the frame of the State-govern
ments, and that the people of every State re
tain the tiiicqualified right to, form their own
cons'titiition,' with th.e single limitation, that it
shall be republican ? In the exercise of this,
right,' ne'one of the States has incorporated
the federal basis into its constitution. Geor
gia, in the constitution «> r 1798, adopted that
part of it winch relates to representation, and
rejected the' corresponding part which regu
lates taxation. All her sister States of the
South have entirely excluded from their.stare-
constittitiontf, this feature of the federal gov
ernment: and the idlest, dreamer has -never
heretofore imagined, - the most artful hypocrite
lias never heretofore pretended, that in framing,
their own costitutions according to their own
wiljs, they liaye lost* they .have weakened,
they have endangered any of their rights under
the federal compact. .But when ..'Georgia cx-
rcises the safno right, it is pretended, that the
number of tree wuite
ties, according to the
male inhabitants therein.”
“See. 6. And tho Senators shall be appor
tioned among
to the number
in each.” - ,
Extract from the Constitution oj Kentucky.
■ “Sec. 6. Representation shall be equal and
uniform in this commonwealth; and shall be
forever regulated aud ascertained by the num
■her of qualified electors are “every Iree male
citizen,—negroes, mulattoes, and Indians ex
cepted.”
Extracts from the Constitution of Tennessee.
Fart of the Section.—'“The number o!
representatives shall, at the several periods of
making-such enumeratibn* be fixed by the le
gislature, apportioned among the several coun
ties, according to the number of taxable inhab
itants in each.” ^
‘‘III. The number of senatorsjshail» at the
several* periods of making die* enumeration,
be fixed by: tlic legislature, and apportioned
among the districts, formed as hereinafter di-
pproachiu/ conteij
Fellow c:t;Z: ns, iu tin-
may expect to bo assailed on tw o points" '
ad tho Senators snvruo Jl:ivu ad “ h “ i * lho Bu ^t to be s«sccp,iy
no tn„ petuuuj -aJ, ' | argument, the more honest and rnoort-.. ‘
tho several dtstucts, « 8 ponents of the plait, will make an appeal t,**
■ of free W’lnte male inhabitants r , ason . p ut ihe'ntore sanguine calculaiin’ ^° Ur
appeal lo your passions.
reeled, according to tiie number of taxable in
habitants in each.”
“IV Tlic senators shall bo cHb’sen-by dis
tricts, .to be formed by the legislature, each
district containing such a number of -taxable
inhabitants, as shall be entitled to elect not
more than.three senators.”
Extracts from the. Constitution of Louisiana.
“Sec. 6. Representation Shall he equal and
uniform in this State; and shall be forever
regulated by tin number of qualified . electors
therein.’*..- ‘ V T.
“*8cc f 10. The .State-ijlall be divvied into
fourteen-spiiatoriai districts, which sliTtll forev
er .remain indivisible, as follows,’’-^“Eacli
district shall, elect a senator.”.:
Extracts from the Constitution of Mississippi.
“9; And the whole number of representa
tives shall at did , several periods rtf making
such enuineranonj. be . fixed by -the General
Assembly, and appeftidjicd among- the several
counties, cities, or. towns .entitled to separate
representation, acdur^ing to .tlic. number of
frpe white, inhabitants in eticli”-—“provided
lidwever', that each county shall always be en
titled to at jeast one representative.” j -
“10. The whole number .of senatt^s. shall
at the‘Several periods of making the .eniiineru-
tion beford-mentioped* be fixed by the Gene
ral Assembly, ana apportioned among the
several districts to. be established, .according
to the number of free white taxable inhabit
ants in each.’ 1 *'
Extracts from the Constitution of Alabama.
“Sec. 9- The General Assehibty shall, at
their first meeting, aud in the years of .one
thousand jcigiu hundred a.nd twcnty-tiirce r one.
thousand eight hundred and twenty-six, and
evorv six years thereafter, cause an eoumeraf
tion to be made of ^11 the inhabitants of the
State,, and the wJiole number of representa
tives shall, at the next, session held; after ma
king Such enumdratiotx to be fixed byrtln- Gen-
ora'f-Assembly’, and apportioned. Among the
several counties, citi.es, or towns entitled to
separate representation,'according to tlicir ro-
presomative nuinhcr of .White inhabitants.”
‘.‘Provided however; that each county shall be
entitled to ait least one representative.”*
Extracts from the Constitulidn of Virgiuia
formed iti the year 1839/
“2. One pf these,” branches of the' Legis
lature, “sliaU he called. the House of Dele-
S ties, and shall consist of one? hundred ax^d
lirty-four members, to lie chosen annu
ally, lor and lry the several' counties; “cities
towns, and boroughs of the commonwealth;.
whereof fhirty-twu delcgSies shall be chosen
made upon au .>|,|/tu, ,u ^unr positions, u u7
latter seems by the opposition to bethrunost * i
lVbrablo point, and they have made it th,*
j cct of defence by “measuring” a Iti
some ot the champions of thp minority Ti
party who prefer this mode of«onduetin R ti, ei i“ e
t 'St, is <*hiefly composed or nun not so m U ci,'r
linguisbed by any known governing principle ,r
politics, as that of a systematic desire todesi
the insjitutions under which We have'lone
and prospered; men who would seem only tc b
struggling for ihe melancholy honor, of siijZ
high-at somo future time, to mourn over the ?
ins of their country. These tnen cannot
aptly compareil to anything at present ait W
storm loving animal the -seal, w hich is saidiu-
to be comfortable except in a tempest. \ B |®
cation .was not decently hurkd, before il !e , ;r| ./
otic vigilance kenned out a most portentous ita
in'-the ravings of a ball a dozen fmpitirs at tbe
north, against which they wished all in
to artn a .Southern Convention. This Quito-V
hurry,
p eject however had scarcely an echo. A lie'
examination convinced the southern people ji'f
whatever comptaints they may sometimesVvs
.against their fellow citizens of tile north on oibe!
subjects, that the conduct of the great bodv c f iU
people there, is and ever has been enexce’ptma,
ble on this. With this conviction they have uct
been much, inclined I think even to permit ib t «
meir-to endanger the peace and prosperity 0 f th#
South, nietclyr to gratify their, agitating jwojxusj.
ties, and bring fibout the truth of their own
pliecies, in pruilucing.ihe very danger n hid" jZ
professed to be laboring to avert. In this
tress Tor want otsusteuance, tb- change ofth.
change of the
federal basis is seized.upon as a nioit happy ^
lief. Aye,rtliis is in Iced a mt^st portcuious aCai-
and big with coming Brents ; for ih the low rf
ihe federal basis is triumphantly seep a dissola-
tjon of the Union. W e wili not 'insult tie undet
standing of the reader, by a reference to all
declamatory trash which we have noticed ,. u
thit..subject, but as a fiatrering sample of ^
whole we notice an editorial of the “Georgia
Times.” We make this selection the more nik
ijiigly as the editor professes much hidden wi-iiom
ou this subject, aud .promises fine-argeuuna«
lutfire. -For th- present he only carelessly utip,
to give us a hint Tor future. eettectien, £ iul ail
rear the paper is not extvusivejy lead, th'ejreedet
shiilj have au extract. eSjieakmg of the majehtr
he says ' - * _ '
“W e would barely notice Iiere, (resenin- to
ourself the intention at ourbetter couveiiieuce.
■-o! discussing i;,-) the new basis of repres^utotioc
- they have adopted. They have declared that
SGebrgii/dyuiauds m jhe uatioual council, a
weight of uidueTiCc. On prureiples ibf-.t s h e rejects
at hotne. Amv; il we "sliouiii presume to
tliat our fellow citizens are not so bfind as tfai
leaders of tin-apostate-party imagine them to be,
we-do not tliiirk, we .should hp iarther from the
tru.hu fbao most ot our cotemporarjes. Ue trill
he generous, however, in our coudtnmaiion.—
Those wJm assumed to rule iu that cotivepficg
were ignorant ot ihe disastrous consequi incs re
sulting (ront the adojUioii if the white basis of
representation alone.
H;?th aireye steadily bent
on securing to their party the’ ascendancy, diet
were incapable of estimating-tlfe danger to tin
state iu reference to her representation in cengrcv
1 hey did not.pereeive-.tlie ivHy iloritr, ever rcniir
to grasp at an advantage, wonid seize the opjxr-
tuinty_ tp douiand.a retnodeliiti” ot the hus.-tof
Representatives, and substitute the While bslu
there for the ledcral basis now established; rod
wticu.our lepreseiumives shall arise on’ the Uwr
to protest ag iiust its iiijUsticof' Lb f the projCffi-
iugs -bf this couvcntjun wifl bo tjinnij.'h'wlij
thiowu ill their teeth, and they will be obiigtdfo
submit m silence. If the aspiring loaners of t!^
Clark 1‘arty did not take the. view of the sul'jcd
we liaye suggested, que that prescuts itself to
every reflecting- mind, they stand convicted of
incapacity in' managing J. he political interests of
thestate."
for aud by the twenty-six comities lyin<r west \V{i.it a getierous rescue-ofthe people of Gcor-
of the Allegany. Mountains.; twenty-five for gia frorii* the -nlisastrous- conscqm uses” of the
and by tlic fourteen counties lyings b:tweon j’'ignorance” of her pohtk-i,US.-li«»w grateful IK
the Allegany and Blue Ridge of Mouiitaius ; ( are ,or tke woiiderlul ‘discovery of-this sapient
forty-two for and by the twenty-nine counrris : e( *' ,or ol ihg necedsqiy tendency of'tbis ruitw
b’ing cast of the Bid * Ridge of Mountains, and j ,“ ,c . a i u .!’! > r. Editor, would it be asking
j
liberty of the State, the freedom of the entire a'bovc tidewater ; : and thirtv-s-x for and bvihiiJ l ’ e, ‘" •? Irc:,,l >' so
M *. . .... . ■ .i • I . . . * crciiib iu ijts uotiiicmu-utukHZ* t.> ....
South,’Will be sa’crified ! We trust that the | counties, cities; tow.'is, and biironghsMying u'p-
people will disregard’ the false 'clsrmourrt and
ever true to the principles of democracy, Will
exputige from their State constitutioii,' that ar
istocratic principle winch resigVfs a greater
number of representatives to tin? counties
whose citizens are owners of numerous slaves
than to the counties inhabited by v the poorer
freemen of the country.’ Id this reform, those
3 Wners of slaves',’ w v ho arc republicans, will
ieinselyes concur: they can desire no pecu
liar privileges; tkcylare unwilling to be viewy
odas.tlie aristocracy of the country.
We subjoin' extracts from the constitution of
all the other .States south of the Potomac;
from which it will appear, that in relation to
this subject, viz l the formation of state-consti
tutions, slave representation, hr not a principle
oft he South/. •. . .. ... ». •
Exirdxts from the Constitution of N. Carolina.
“It/ That the Senate’shall be composed nf
representatives anmially ciiosen by ballot, one
for eacli county.jn the Stale.”- - . ...
“III. That "the JloitSo yjf Commons shall be
Composed of representatives annually chosen,
by ballot, two for erich bounty, and one for
each of the towns of Edenton, Nowberh, Wil-
mitT3{on;S«ilishury, nillshoroitgh/aqd Halifax.”
Extracts from the Qonstitiiiionof S. Carolina.
“Ill, The'Sevofal. election districts iff this
State, shall elect tho following number of rep
resentatives, viz; Charleston, iuclading St.
Philip and St. Michael, fifteen members-;
Christ Church, three members;” proceeding
to assign three mertibers to a part of the dis
tricts, and two members to eacli of tiie residue.
VII. Tlic Senate shall be^composed of
members to he chosen for four years','.-in ihe,
lollowing proportions, by the' citizens of tins
State, qualified to elect members to the Hou$°
of Representatives, at the the same time, and
in the same manner, and . at the same place,
on the tidorWater.-—'The section thpii .procec'ds-
to assign the mimbcr ofdeleQrrtcs toeach coun
ty, &c. without any reference to .the- slaves
which it.'niay cd'nfain/ ‘ .
‘‘3. The-other House of the General * As
sembly shall be called the Senate and shall
consist cf thirty-two members,-of whom, thir
teen shall be chosen for and by. the couiities
lying west of the. Bine Ridge pf Mountains, and
nineteen for and bylhe.conn ties, cities, towns,
aiid boroughs lymg east thereof, and foe tlic
election of whom, the counties, cities, towns,
and boroughs shall be divided into thirty-two
districts, as f hereinafter provided.”—the.sec
tion then proceeds.to form dip districts, with
out any 'allusion to the sT^vos' u-ljicl» tboy-niay
contain. '’ ighmt
crons in Ins condemnation” to iinj iire iielioh*!/
uf the “ignorant ’ \\liiR is v»>ur real aie;aiii:g i;.
this tira^le ol inet>in|mJhcWfktr. are fit I otil m :
sn'ered, we. siiutUti be beivtljered iu moit eiolw-
rassnig conjcc.ure upon this- subject.av< r<: hc no:
perfectly satisfied that you ha.i no_rationalniejii-
i ,f o *U -all. “(Jeotgia dernfolds in the nativud
couucihi u right (Mi pi uiciples she rejects ath'irat."
“They were iguiirtiut of the ilhasljtsoi coo*-
From the Aufdsla -Courier.
REDUCTION. . . - - M
- Tho friends of Reduction, ami tho advocates
of the plap proposed, by the late' Cimycntion,
have heeit waiting most patiently for. the rt’rg«i :
meats, by which this plan is to be’yverthrown.—
The inajwrify have, since riio'adjouniinent, tiren
constiiiifTy menaced with' these'fOriliroining ar
guments—“W lieu more leisuro will permit,” but
a» yet the more violent of the opposition have this warning editor, that Georgia was introthn*!
douo little elso than “Show tlfeir t'ceth” and some alarnyng heresy into the sourhern polin’"*,
linnti u'lii/ li »td. : '.G i* %
make other demonstrations of au angry prejiara-
tioai. We do not mean here to be understood as-
alleging that up plausible urgninents can be ur
ged r.'gainst the plan of, the majority. Oji .the
'cdlitrai-yrafTfie task of organizing the legislature
of our stale, were original, 'and new, many im
provements might be made, more ohe’diijiitto' tiro
truths of political science. But what we -do iu-
rist on is,..that under all the difficulties with which
tiie. flfliject ft,at' present surrounded, the. present
plan' is'the best that could bo obtained, and we
really believe tlio'phin-to be a less objectionable
one than it WMUuurgfit possible at present to ef
fect. by, a'iy considerable portiiut of the people
of the state. We will :ils'o remark
quenccs jtsulting.fioa\ tlic adoption of the »bi*
basisalouC.”- “They did not perceive tliaith
wil«y north,tvonlj ^rj-e the- opportunity,” “sis 1
wh'piiLO.ur representatives Shalt-rise to protesta-
gainst its iujusticu,' &e. the proceedings of this
Convention will be triumphantly throe n in their
teeth, ami they obliged to submit in siltr.ee,”
should like also, tto be 'tgeuernus iu owrcouiic®-
nation,’.but by. no stretch of generous cceclulifj
can ive be made ^to believe hint so cxcrsfi'dj
“igtK»i*ant’ of the institutions of oik cctuuirv*>
these extracts would prove him to lie. We thick
it safer to “asjnm'c” that ho knows perfectly
tiut there neither is, nor bus tb-re ever betniw
s.idcred, at any period of our liislery, ci'hcraf,
ihc-uorth, or south, the cast or tiie west aav son
of connexion betweeu the federal hnsis tVibf
geni.ral, and Stofc governmeias. 8uch contiM-
too was trover thought of any w here, or at mJ
time titiiil it has been youjtired uji for party | ,ur *
poses, to alano lire voters upon this question-""
S\ e would be led,to believe from the rernsd* 50
upon which the vital interests of tho south
■ k»
, , .--xt , At ore in the
where they shall void for representatives, viz: I spirit of complaint than Of reproach, that if the
Charleston, including St. Philip anti St. 5Ii- present plan be objettiimaMe, at Some ot
chad, two members; Christ Church, one mem
ber;” proceeding to apportion ohc member to
each of the other districts, except that of ches
terfield, Marlborough, and Darlinton, which
lias two.
Extracts front the - Constitution of Missouri.
“Sec. A. Tne General Assembly, at thoir-
first session, and in the years one thousand
eight hundred and twenty'-two* and'one thou
sand eight hundred and a won ry-four, respec
tively, and every fogrth year thereafter, shall
cause an enumeration of jhe inhabitants of this'
State to be made; and at the first session af
ter ^ach enumeration, shall apportion the num
its defects are to lie nttrilmtetl, to .the exorbitant
demands of thrisc tvfio'nro now Oppose.! to it—
who by tjie unreasonable extravagance of their
own claims provoked and produced au oppo
site extremity w hich in some measure defeated
the honest efforts of the moderate party, -who re
gardless of either party or local interest were
anxious to acl for the good of the st; tc. Bot
hi-fieviiig as !u fore stnteili thjit thc plait proposed
is die best which is t; present within .he r cii
of the people ot Georgia ; "and that it wil] meet
with more opposition from party feeling thou ho
nest principle : we ask evPTy citizen to'investig
ate the subject o.f ratification with calmness and
deliberation, and w ith a single view to the inter
ests of'the People, and not the interests of those
peuds. ^ I hat \yc were abandoning die princ'p'^’
upon .which the federal constitution was fifed
<md therefore will have iio plausible arguntf 3 ^
to-meet any propo-aiflm u» change it.-
wtfuld'be Jed to the irrctdstihlo couelusiou, d®*
.«:/.it least some ol the other Southern
had adopted the federal basis. Now as thisgar
crons but terrilying editor, lias promised tvi*
usQiul iu his “iiiss,issioit”of the question, I w®®*
not impose too heavy a task on liint at euce,!
for the present will auk him to inform th c
lie :—
1st. Whether at the time of the formation
the iederai coustitulion there was one singled^
t|i.tt hau adopted the ledcral basts tu itslocai?®*
crti tiiet.iL/-
., ~ tl - hi ther there is now a single state
t5qo»gi:i,-.that (i.n adopted the fe.ieral hasi* 15
iuiuiumeuti,I j,nuc!pie in us constitution ?
• 3ib »> hetlter it was not 1] years alter®*
doptw'u of the federal coustitulion, before cVr ^
tieorgia adopted tLis stirghlar ItaHire m A' rrct
StnUilOil 1 ■
B he should answer these inquiries ,ru ^]. j;
people may ths u wish .-.me oxplanatioos
is'iiat^ii analogy is di^cm e. e.l note vviiien
uot discovered when the couslUation w»f 11
cd Why Georgia politicians canid
ou the federal Itasis m Congress withoa 1
and (Ould not note insist ou ^
-
i
5
-p
•trtun
ber'ef representatives among the several cotih- I who are anxious to govern them.
I’enccd
the same eiccuinstances,'withont oettig - ^
nntly’-’. put down 1 Why their lncri
have nol boeu “thrown tn tho teeth*” at - '