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KJ*TERMS.—Three 1:,.'.1itr.-» per amiuiu. No subscription taken for less than 11 i
year, and no paper dis, .usthi.i. d, but at the option of the publisher, until nil arrear
ages are paid.
Advertuc'.nsats censpieuon.lv inserted al the usual rates. Those not limited I
nlicn handed in, w ill be i;i cited till forbid, and charged according!i.
Cl I A Nt. 1 ■ O r Dibit > 11 ■ N. —VV e ,-dre such ot our subscribers as nuiy at tin v
time » i ll the direction of their | api r.; .hanged from one I‘ost Ollice to another, to 1
inform ns, in all ca.-e ,of the pine - to which they had lx*cn preiiously sent; as the :
mere ord'r to torward them to n di::.’rent othce, places it almost out of our power to :
comply , because we b. ..? no means ot no-citaitiing the otliee from which tlwv am
order*'.! to be chanced, I*. t by a search tli.oitgk our whole subscription book, con- i
aiain; several thousand tanner.
CIEORGIA FEMALE CO! I.EGE—Scottsboro’Georgia.—-The
H Spring; t< .in cl tin, bistituliou. tor 1 -38, will open on Monday, I
January Nil. It is dcM :tbh* that al! students should he present at (lie
formation of t his ,s. oil thi fast day of the term. The government of
the Ins titut ten . > strict, but s? hit ary —being by written la tvs and const i -
tution. w hi. h arc rigidly i ufotcefl. after the manner of the republican
State Governments < t tl.is country. A pamphlet, containing hints mi
l iinale Education, our system tkf instruction, discipline. Xe.. will
shortly be published, nm! sent to all who may f. el interested enough I
to apply for it. by letter, to the Principal.
Thu hours for instruction are from day light till nine o’clock P. M.
(summer and winter) resel l ing four hours for meals ami recreation.—
On .■Saturdays, students are engaged only till noon. The Lyceum, (a
literary mid scientific Society.) i f w hich the Principal is, c.r officio, Pre- i
sid< nt. meets every Satuiday evening. This society has been establish- '
cd but a few months, mid has already proven itself lobe immensely im- i
proving to the voting ladies.
W e pledge our elves to impart, in one year’s time, to any young hi
dy.who po s. svs a go d mind, and who can read fluently, a handsome
handwriting, a correct knowledge of Grammar, Arithmetic, Geography
and spelling.
A ntarri- d gentleman, from Smith Carolitrt, is engaged in the Draw
ing and Painting department. Ills work will compare with anv artist's i
in the Southern States. He ides the above branches, he will teach j
Portrait mid Miniature Painting. Gilding, Bronzing. Smalling. Trans- I
teniog prints. Fancy Work with perforated paper, Xc. &c. In the mu- I
(icnl department, instruction will be given on the piano, guitar, and
flageolet Lectures every night, on I Inman and comparative Physio- !
logy. Botany. Astronomy. Chemcstry. &c. &c.
Exertions ire doing made to have a < lergyman attached to Bic lusti
tntieu. which will he effected withas little delay as possible. We have
a library of ;i>t> volutm s---an herbarium of *2ot)t> species of plants, col
lected by the Prine'pal. in tin State of South Carolina—optical instru
ments-- Chemical apparatus, mips, globes. Xc.
The young ladies are required to dress plainly—not to wear jewels ;
of any sort, ami uot to aitend bills ami parties. No store accounts
without lb* sanction of part nts or guardians. Such as have accounts
will be required to register all their expenses in a book, they will keep
for the purpose. Patrons w ill receive a monthly report of their chil- j
droit's progre • in their studies.
Board can lie bad in the village.
W'c solicit the patronage of our Southern friends, and pledge our
selves to labor to deserve it. W'e not only invite, but would be flutter
cd by the visits of all who mav he disposed to attend our lectures, recita
tions, Ac. on fny flavor Imar durinr the week.
L. I \TASTE.
ANNA AL LATABTE.
Principals.
Dec.‘2l. 4!)—Bin
The Simtlii'i n Bamt.T. Sentinel and Constitutionalist. Columbus En- :
quirer. Mol ile Commercial Advertiser. Republican and Georgian, Sa
vannah. owl Chari---! m : .rrver. will insert the above once a vveelt
till'ih J in., then once a month for three months.
Cl I NIKA 1 !■ OT EL—Alm on. Georgia.—The subscriber respect-
7 fully informs his frit nils, and the public in gem-ial, that he has
taken the above meiiti med - st*ib!ishineiit. which, having boon recently
thoroughly repaired and enlar, ed at great expense. i< now open for the i
reception of Tiavellers. Boaiders. Xc. The chambers are large and
airy, the servants competent and attentive. His table shall be con
stantly supplied with every delicacy the season and market will fur
nish. His liar is stocked with the choicest Wines and Liquors; and in ;
order more eTm-tiially to make it a fust r.i i* House, h- has called to
hi-aid the services -f V’.r. J’! ter. of Baltimore, whose long experi-
euce at Barniii . . Chy Hotel, has justly entitled him to the reputation
of a caterer for the piddle. The subscriber, therefore, hopes by his uti
r..u-Ptlng exertions to please, to rn-.-i-. ea liberal share of patronage.
HORACE R. WARD.
N. 11.—Gon I . ..II- attm hi-d to the Hotel, with faithful and atten
tive Ostlers.
Dec. 21. 49 4 t
C1 IPITAL STOCK 8100,fMM), a'l wtidin.-INKK.3OHL.UAR-
) RIS, Aizcr.t at Milledgeville, of the Georgia Insurance and Trust
CTrinpany, will take Fire and Marino Insurance on the most roa
sooable terms. THOMAS S. METCALF, I’res’t. 1
W m. T. Goutn. Sscr'y-
Directorsofth. Georgia lasurnnce and Trust Company, Nov. 4th, 1836.
Sanni'l Hale. Jlenjamin f{. Warren,
Divid W. S>. John, Elisha Morton,
Adam John.- t".i, Edward Thonius,
Jacoh Moise, James P. Stuart,
Solomon 'Kneeland, Samuel 11. Petli,
Hays Bolder, Isaac T. Heard,
Pleasant Stovall, II illiam 11. Mo r^an l
Arlentas Gn.il.l, Harper C. Bryson,
John M. Allans, John I', Cowling,
y. AnJ^ ,c ’ Edward Padelfoi d.
H&.J. SHOTA® l.Li,. Druggists, Macon, Ga —The itibscriber* |
• (former partners of Ellis Shotw ell, & Co.) have resumed their j
busint is under the above firm, at their old stand opposite the Brick!
Tavern, ami will keep a general assortment of Drags. Medicines, Snr- ’
gicaland Instmments, Faints and Oils, of all kinds, Window Glass, as- I
sorted sizes, Gla“s-W are for shop furniture, Perfumery, Fancy Articles.
Brushes of every description, Botanic and Patent Medicines Carpen
ter’s preparations, also his Essays Medica. Dye Woods, and Dye stall’s,
anti a great variety **f .Mi.-ccllnneous Articles, which they have received
a large supply of, and intend k.-cping their stock constantly replenished, '
so as to be able at all times to supply Dealers, Physicians, Planters
and others who may favor them with their custom.
Intending to he permanently engaged in this business, the subscri-1
hers from their long experience, hope to render it worthy the patron
age of old and new customers. Orders by letter will meet the same
attention as if mads in person.
N. B. Garden Seeds, assorted, warrented fresh \ liberal discount
made to country dealers. |[. X, .1 8.
Oct. If, 1837 31Z-tf
VALI ABLE LANDS IOR S ALE.—The subscriber offers for sale
on at -commo dating term*, three srpinres of first rate PINE LAN D
in the 9th District, Dooiy ( emity, ten mills from Drayton, near the
road leading to iravellcr’s Rest, and about six miles from the Rest.
I here is on the pretnia s. a new Log Dwelling House and Gin Home,
and other outßuildings. Ni-gio House.r, Xe., as well asabotit one hun
dred and seventy acres of < h ared Land, which is mostly rich and in
good repair. Th- cttlemcnt has several fine Springs of cool water on it.
I lie terms will be i .-al. and may lv- known by applying to .IA.MEB ;
M. EV ER I. ii. ii Dray ton. Dooly < ountv, Georgia, or to
Cilla i, i, o 11. i. v j. ft i, 1 J . I art A u lh- v, I louston County.
August 30, L-37. ’ 35-.-t.fl
IJBOR SALE —rhe Plastatius whereon I now live, viz: The
. Standing Pi nch Tree .*-< itlcmeut, containing between 80!) and n
! ■)<)<) Acres ol Laud, on both ides of the Peach Tree Creek, ami on both
sides of the Chnttahooch:-- River; between I and 200 acres of the fust
rate low grounds; a great pait of the up-lands lies well, and is g-ond
for cotton, as well a. small grain; 200 aeaes of cleared land, the best -
of well and spring water, a good framed two story Dwelling House, a i
Kitchen. Dining Room. Well House, a good Store House and out Houses, !
&c., a first I ite Saw an I Gri.t Mill, a Ferry on the Clu ttahoochie Ki- :
ver, five public roads leading from the premises, a Post Ollicc at the
place, ami the Mail passing from Decatur to Rome three times
a w eek ami back,rptite a healthy and elevated situation for a town; and
n« the Rad Rond is no v Im atilig from th-Temiessec to the Chattahoo
chie llivcis, ami going into op: r ition. and in all probability will be the
Central Rail I'oi l to Macau. &.<*., and the Branch Rail Reads from
both Atlien, ami Cultimbus will ime: set t the Central Rail Road mar
or at this place, there is several beautiful situations for a Town or Vil
lage ; hut under all the above prospects of advantage, the .subscriber, on j
tlrj account of moving to the litm-stom* w ater for his health, he bciu; I
labmiriiig under the Dyspepsia, and having purchased land in Walk, i I
comity, is d - .iroin of ..idling the above settlement to any gentleman or
company of gentlemen who would wi-.h to pursh ise the above c-ttlc
liicnt, with a v- ,v of erecting a town near where the Rail Bonds may !
one day or oth. r ini-; i < t.
Im- Subs'-i i-icr has al.o a very v.iltmblc PI nilation of Land of up- I
wards of 20) Acre,, two mil's low <r down the River, w iih over one I
hundred V-rcs of <-| ai-.-.l L ind, a:> 1 in a In h state of cultivation, an
excellent Dwelling Homa-. Kitchen. < oCrib. Negro Hou .s. Xe. ■
well watered, p rbap, as good, if not the lust Lindon the Chatlahoo
chic River. I !:•• whole of the above i*remi-.i », if soon sold, may | cr
imps lie gut ; >.- |. , than one foil tb of the real value, a . the Subscriber
i*. by many ot hi i Irir-n-l *in I phy -*><*ian ;. advi u-d 'o move to the. lime
atom; war r for bis he.ihli. .1. M. C. MONTGOMERY.
L-—-All p ns indebted Io New ill X-Dunean, and I-i i
-J- ’j 1 ;l| d. u . [-.n t. . . |,.,y U p |,y t)n- ],ist January I
next. No mistake. Don’t iorg ' the litm*. j
NEWELL X- DUNCAN. 1
Mdk*l 6 evi',|e, December 12, P 37. • 13-3 t
him i■ ; h■■ yigMto®
LEGISLATIVE DOCI _ME \ I S.
lie/wft if jiir. Hiirris, of I'.d./t! in, front ife minorihj oj
the (.'onuniltec appointed in relation to the Insurance iiank
of Cohtmbus.
1 lie Jlitioritv ol the Conimiitce, to whom was relitreti the
, tjtiestioti in relation to the transfer of a portion of the slock
ol the Insurance Bank ol I'ohnubns, hating in common with
the m ajority, investigated the subject, ami having, arrived
at different conclusions, tet I that it is due, both to t;:em
selvcs and the Legislature, to oiler some of the reasons upon
which this dilieienct'of opinion is founded; they therefore
beg leave to oiler the following lleporl :
It is true, as set forth in the report of the majority, that the
Insurance Bank ot Columbus was mcorporattd on the 26th
i day ot December, 1831 ; anti it is also true, tiiat no special
I powers were conferred upon it; and your Committee would
beg leave to add, that no special disabilities were imposed.—
j The grant was made to citizens of Georgia, and for the pur
poses, no doubt, (as suggested in the report of the majority,) of
subserving the interest of the particular communities, in which
the said Bank and its branches should be located; bat this grant
was made, also, with an I NKESTIIICTL D POWER TO TRANS! er :
stocks held in said Bank.
It is also true, that a large proportion of the stock of said
. institution, is now held under a transfer from the original !
; stockholders, by Nicholas Biddle, a citizen of the State of;
Pennsylvania.
it is contended that this transfer has been made contrary to '
the intention tri the original institution of said B.ojk, How-I
ever much your Committee, as citizens of Georgia, minht be i
disposed to object to this transaction, they are, nevertheless, !
from the evidence before them, constrained to adn.it the legali
ty ol the transfer under the provisions of the charter of said
Bank, and that the interest thus acquired, is protected under ;
a solemn grant from tiie Stale.
I lie intention of the Legislature, in granting this chat ter, :
, can, in the opinion of your Committee, only be arrived at by '
■ att examination ol the provisions of the charter itself. The !
Legislature granting it, certainly had the power, if they chose
j so to have exercised it, to have throw ti around the exercises of j
toe powers and privileges conferred, such limitations ami disa- '
bilities as it thought proper. It had the right to prescribe the ;
terms mt w hich the privileges sought, should be granted, leaving ;
it then, optional with the* individuals incorporated, to receive '
or reject the charter. The usual privileges, however, are -
confessed to be conferred upon the original Company, in gene
ral terms; anti amongst those usual privileges, is the power -
c.i pt css/tf git'en to transfer the slocks held by the Company in
said 1 ustntitiun. Ihe absence then, of these restraints, is to ti e
minds ol your Committee, a clear indication as to what was i
the intention ol the Legislature grantin- it ; and that in tise I
act ot transter, there is no violation whatever, of either the ,
letter nr •pint ol the charter. The charter of this Bank can :
only be taken Irom it by reason ot an abuse of its privileges. ;
Lite mere possession of the power to do injury, is not.a sutti
cieni argument to authorize the exercise of such a power; and
whenever this abuse does take place, the law has placed the I
right in the hantls ol any individual citizen of the community '
to invoke the judicial authority ot the State upon the subject.
l'he sanclipn ot' the Supreme Legislative authority is not :
neces< ir>, nor iti the opinion ,-f your Committee, proper in :
such a cast.
II is involving in a question purely judicial, political and'
party considetatioiis, which your Committee can bat regard
; as unfavorable to a just conclusion, and imposing, upon the
judicial power of the Stale, a delicate duty, and a ! rfid re
sponsibility.
Bullet us suppose, for the sake of argum-nt, that at the
time ot granting this charter to citizens of Georgia, it. was the ’
; intention of the Legislature, that the slocks should he held I
only by our own citizens ; yet yutir Commiitee must again
contend, that the failure ot -uch an expression tri Legi-ialive
w ill, at the lime of the granting of the charier, excludes from
the present, or that of any subsequent Legislature, the power ,
'of acting upon, or carrying out such intention. Your Com
mittee, Irom the terms of the charter, are bound to presume that
a different intention did prevail, and an unlimited power to
. transfer stock being given, that it was one of the conditions
upon which the charter was accepted, and that it is a right,
the exercise of which cannot now be controlled ; it being part I
and parcel of the original contract between the power graut
j ing ami the individual stockholders, and therefore protected by
the Constitution of the United States, the Supreme law of the
land.
No question is better settled in this country than that the Lt- i
gislature cannot interfere with vested rights, except upon the
terms which it has expressly reserved to itself in the grant.
That it cannot resume to itself at pleasure, the rights ami pri- I
' iieges granted, is equally clear ; nor can it trammel and em
! barrass the exercise tri such rights, so as to render the grant -
' nugatory or less valuable.
In the opinion of your Committee, this would be but to ac
! complish, by indirect means, that which we are expressly pro- !
! hibited from accomplishing directly. This would be iii utter '
\ violation of all the established rules of law, of the usages of
j legislation, and would he to subvert die Constitution of the j
i United States itself, which we are sworn to support.
A charter has been repeatedly decided, in the Coiirts of the
I United States, as well as those in the several States and Great i
| Britain, to be in its nature and form a contract; and if so, ;
i consequently protected by the constitutional provision declar-;
ing that “ no Stale shall pass any law impairing the obligation
of contracts.” Should the bill reported by the majority of
the Committee be passed into a law, imposing additional dis- I
abilities on the Bank, it must be passed, in the first place, in the
opinion of your Committee, in violation of the Constitution of
the United Stales; and in the second place, after being passed j
into a law, would be in itself a nullity.
It is assumed, however, (anti this assumption is founded np- 1
on supposition only,) that Nit holas Bid lie, the ostensible I
owner of the stocks in the Insurance Bank of Columbus, is
not the bona ftle owner of said stocks ; but that hi holds them
in trust for the Bank of lite United States, chart' red t>y the ■
. Legislatuie of Pennsylvania.
A sufficient answer to this argument is, that lids supposition i
io warranted by no (acts before the Committee; but that on
| the contrary, the report of the Bank (and which your Com
mittee is bound to lake as true, until contradicted,)'shmi s him |
I to be, in bis individual character, the on tier of said steel ■ :!
.and tiny would respectfully suggest, that the Legislature i
must he bound by evidence, anti not by mere supposition ;
! and until there is some evident;'* going to show that the report }
I submitted by the President and Cashier tri the Bank, and al- !
; so the Bank books, speak fals.'ly, the character of the State |
would be greatly compromitted, in taking any t. p- founded |
alone on supposition. There is certainly nothing in the char- I
ter of said Bunk to prevent a citizen of another State, or even I
a foreigner, from holding stocks in said institution. If any j
forfeiture is incurred, by this circumstance, there is, perhaps, mil I
a single Batik in the State which does not labor under ih<- sum'* |
| disability ; and surely the mer<* circumstance of the individual i
I who holds the stock happenin'! to eti trol a large monied infbi- I
j ern ein another State of this Union, cannot cbniig'* his rin lit, I
I .md can liu iu n i legal argunient against his holding stocks ii.
an institution of ibis Slate.
Your Committee would further reitiark, that thev cannot
i -ici ord in th'* opinion, fli.it a biri igu corporaii.ia ca.m- t hold
i stocky as well as oilier property, under cmr law . O i the ;
; t ontraiv, i li. y are cimstraineil hy- an almost unbroke a current I
|ol jmlit i;d di i i .’inns, tn admit I hat I Iley can. Tfiis tj a stion |
j has l>< i n repeaiedly discuss d in the C unts of ibis i*'*iniTy. 1
•» ■ ell tut i t those ol Eugh nd, anti lias bei :i . i ■
K iiiiim d 111 I Ivor 111 the right,—m ver, in the rei olleetion ol i
your < b.inmiitee, liat inn ailniilted of a doubt, save only in the I
;S. ate ol Soul ii ( a r-. ifi.ia. Y■ar(’oi al it t i-e wi. I. I ri-- ■i*l {u ■
;lv - ci t tin* la v upon tlii * : uhji-ei, as •■IIJ. !I, , i!. -ai ;
pi’eine judii i d authority of th State, i as much l*iu:li:, o-oti ;
| the legislative authority, until expre-. ly rep ;a!i d, a u . -.1 the •
judicial power.
vK? gLiulE, GIEOEECiUA,
<»>tr rmty.
I Your Committee have thought proper to present this x iew o
the subject, not because the evidence authorizes them to be
/■ hevc that the stock in tlii i Bank is l.cld by the United Statei
'ißank ol I emisylvan.a, but simply In cause the charge i.-
, made, and the broad n qatiye dot nine assumed, in the report
i oi Lie majority', in wliit ti npinitm the minority cannot concur.
\ our ( oi innltee wm iil not be mi umlcrstood in this matter,
, ant; io avoid the h...'.ard ol iiri., construction, to which thev may
r b .v fHeomri iri tg what is supposed to be th jpopu-
.I '■ ‘ an:l onthi idjttt, they avail themselves of the
' ‘ ■■ H *’>•• not the advocates of the Banks
j tri the I intcd St:t(<-,(?.!. r old or new, whether chartered by
' ' ’ . of the Unite t or by the 1 : irco f Penn-
sylvania, but are only n u ; upon the sanctity of legal rules,
' which they < out ivc th ;pi * mqi ( t j on mu g t be >v< rn< d.
iOn the contrary, tl <ya e w ug a dam >u; to do 111 in th ir
power that th. y can It .-.all, tio, to 'i .term.! protect our own
j State Instrii dims again. . any and every trnfiivcrable or unthte
influence, no matter from what quarter it comes; but whilst
I they entertain dies > oplnfims, they ciumot consent to resort to
I iliegitmiate and illegal ; ma-s. f< r the pm-pc :e of aceomplish:n<*.
j even the most desired end;
i I ii'-y however, further suggest, that they cannot re-
i gard the pi-.■■•mil United States Bank, chartered bv the Legis-
I suture* ill U< imsy Ivania, as p; ing in the slightest degree of
■■ ciiu icier oi ;• Aatinual cJuu:.. ft deiLes its power irom
! il.e same source as ti.nt from which our own State Brinks de
j five theirs ami conseqtienih, all the arguments in relation to
the ■aneonstitutionality, inexpediency, and dangerous tendency
i ol a .\r.tiona! Bank, (arguments which would weigh greatly with
' your Committee) cannot be involved in this question.
Connected with the question of danger to be apprehended
Irom the monied influence supposed to be wielded bv Mr. Bid
i die, they deem it but an act of justice, without wishing to be
understood in the slightest degree, as approving of the intro
duction of this influence into our own Slate, to call the atteii
lion <if the Legislature to v. liat they understand to be the fact,
. that the Alcreh'.mts Bank of IXew Orleans has been principally
I owned and controlled, in connexion w ith citizens of Louisiana,
i by Mr. Biddle; and yet we have heard from that quarter, where
I so many more opportunities and inducements must have daily
I presented themselves, no complaint. The transactions of that
Inst.'tution seem to have In-eti of a purely correct mercantile char
; aeter, unconnected with any disposition to control the local In-
I stitutions of that State.
j r rom an the facts betore them, your Commiitee cannot but j
: legat’d the Insurance Bank ol Columbus as being - still a State
Institution, sui.ject al all times, to the control, and responsible
to our laws; and they would further remark, that the influence
| of the enormous capital so much dreaded, is loss likely to be ex
erted with deleterious eliects, when in the handsofa Board of
Directors of our own citizens, through the agency of an incor
porated Institution of our ow n State, they having - like t< clings '
and interests with the great body of our people ; subject alike
■ to public opinion ami the laws of the State; than when in the I
hands ol private agents coming from another section of coun- i
try, having no feelings or interest in common with us, control- ■
ling the same amount of capital, unrestricted by any special;
. law s, and which the wants of the country and the prospect of
proihaljk* m vestments w ould induce to come amongst us.
’ here is another circumstance to which your Committee beg
leave to call your attention. A portion of the stocks of said
: Lank are still held by the original Stockholders, citizens of
Geo ’gr.t, a part o' whom are now the Directors of the Institu-
; t:on. To say nothing < f the guaranty which the public has in
; iviii. this Institution ccntrolletl bv our own citizens, the State
must ai’oi-1 ;o ; iem -md their mi- r. st. protection under our law s.
I hey - ' imot bema.-e - therers, simply because they happen to
be asstietai.-i; w ith :>n imiividual obnoxious to the Legislature.
Your ( oinmit.teu would turther beg leave to remark, that the
c-rcuHistancc ol tin Insurance Bank circuiatitig hills of the
of the I 1 (allti elto in the report of the
majoi ity i < nnot, m tb'-;r opinion, worl-t a forfeiture ot its char-;
nr, or sun;; et it to any disabilities whatever. It can at most!
but amount to a question of contract between the Insurance Bank
and those vylio tac.e th'' bills relerred to—precisely upon tl-e
same principle that one individual would be with another; the
Bank has no power to compel any person to take them, either
upon discounts, or in payment of'h-'r debts. For her own bills i
j she has uniformly paid gold and silver, the legal currency of
■ the country; and it she has forfeited her charter, by putting in
< irculation bills of the old Bank if the United States, she has!
thine no more, in the opinion of your Committee, than has been
done hy every other Bank in ti;.: - State. But your Committee I
‘eel constrained most positively to deny, that by this act, any
' forieiture whatever has been incurred." »
In relation to the charge of usurv brought against said Bank, I
your Committee can only say, that they know of no evidence!
i that would authorize such a charge. It hasdeak in exchanges
| as other Banks, and sold the same in a market open to fair!
competition, it has also sold U. States Bank paper for the cus
tornary premiums. These, your Committee can but regard as
ordinary Banking transactions, in violation of nn laws known
. to your Committee.
I tider ever , view that your Committee have been able to
take ot this subject, they are clearly of opinion that no forfeit
| ure of the charter has been incurred; that any legislation direct
ed against this Bank e.xchisivily would be partial and invidious
in its character. That the passage of any law by which it
would be trammeled in its operations, contrary to the express
provisions of its charter, would be alike a violation of the Con
stitution ot the L'nited States, and of the public faith, and could
not fail to reflect discredit upon the State.
1 hey therefore respectfully recommend that no legislation
be had upon the subject, differing from that in relation to other
Banks of the Stale; the same, in tlie opinion of your Committer,
being uncalled for and unnecessary.
--
PREAMBLE AND RESOLUTIONS. j
A I!!■. ’’EA;-, the policy ol this State in the Incorporation of
Banks, has been to advance vt hat was considered the best in
terests of she citizens th-reof; and so to regulate such corpora-!
I ti-ms as to make them amenable to the laws, and conducive to j
| tiie prosperity of the State—Ami whereas, the grant of Bank
C harters has always been accompanied with ceriain express con
; ditions, and also with emitlitions and limitations ncccssatilv
> implied from the grant, amongst which me the following: ’ {
Ist. 'l. hat the Bank should be a creature of the Slate, and
those w' ti have the control ot it, amenable to its public senti- !
mint, ami i.. t atty Bink widt h should violate these implied
conditions ought ot right to be adjudged as having forfeited
i ch:,: !cr ' ’ ' I
si I wlie;the Instiranee Bank of Columbus has been
i I to ” ! "' r!i i |! tituti'i:<, or to ,m individual in trust for sneli
i t;isti.ntit)!i, ami biT-nncs its agent ami instrument to advance
I i! ’ v;, ami li:i ' or may I .. - * made the tni ilium of an issue
; I n - tiie irrc;'.c* - m:'’>’ p-q- - rol tu b foreign Institution in this
j Stale, then by enabling it celled the paper of our own Insti
j tnlions,compeirmg them to contract their business, and distress
their debtors without any m ans on their part to retaliate, or
j meet the demand a ma - !-.: <m ’hem by th:* paper so issued, anti
jeom-eqtiently making our eitiz: ns liable loaf! th- evils of a
Nati mal 1> nil.— i whereas, tli ■ Insurance Eaii’c (ri’Cohim
!;us, bj its -;.jc to sut h fcreic n I u.-titulimi, lias vitiated the
plamiuteut and m atii ig tri its Charier, ami the circiimstanccs
(itrii'iin ; such sale km!.! therefore uud rgoju ticial investiga
tion—
t- ■i. i ■rejort: 'i’aat his Excellency the Governor
i be, In- r. I . :■ ■■, n tptiretl, to appoint th rec Ccmniissiom :s,
! u '- “ '■ t' ll ’.' 11 shall be to enquire into the circmnslances which
' dm s:d • <i( tin" Instiranee Bank tri Columbus, ami
| r. p rt thereon to the G ivenior ; and it -hall lie the duty of the
! Govt I'uor, (:t :..:<-;i caiiHe warranted by the Report) to tlirect
! die *■'- ■ ici: - - -I ihv < hat’alioochie Circuit to sue out proper
■ ' ■ orpor ttiiiii to vacate it.- Charter.
j Jll Ji'r.i -. ::.i/i'"'l, 'i'iiat two competent advocate
; “m I!■ ■ '-.iq.hgvc i bj tiie Governor, to aid the Solicitor
I Gciieru! in th:, pt iseeuti'jn.
.0. St A SJA tiL'V a
" olffj lie. Nunns, in reference to Ute neglect
or . ijnsal ../ th. (.onrH'.r of Mains p, .J c!ivcr , t , certain
■s . • no ti tres Jrt/ut. .liisti' e.
t ' >> 7 / lkcr ; f l ,r ''' l{ ‘'> ; i lfd, by the Senate and House of Repre-
. I we.mt./itso, the .y/ale of Georgia,in (letural Assenddy met,
tmm.lmsaltmtbep.ot of the. Governor of the State of Maine, to
I deliver up, or cam. to fit dejivt red up, upon the demand of the
( overnor ol tlnsState, DanielPbilbnmk and Edward Kelkram
. | wuo stand enarged with the commission of a cl -: 1)le against th.
| 1.1 an <>i thj.N St.itc, iuiJ havint’ fled therefrom, is not only danger
' ! tber/gA/stifihe pct.pkuri Georgia, but c/tar/y and
Ii ii i’D :.t!.oti ol the l .t.:hi It tter of the Constitution of the United
: ..S/i/A.-wketi is tn the following words,to wit: “A person charged
( m au.v State wall or other crime, who shall lice
. fre-m justii e, am. he lottml m another State, shall, on demand of
lhe Extern,ve aiubouty of the State from which he lkr>, be
Li.ve; tl up to be removed to the State having im isdictiou of
.Jlte, crime.’’ ,
> \ ~ That the State ( ,f Georgia, and each
■> tlm other membm - . of the Confed, racy, by the adoption of
'/ " ■' < n- 'iHifioti, became a party thereto, no less foi
:m* i..,'/.t piot-c.mn of >, ir oir/l u,.,,, ti,’. CGl)mon rj ki)f uud
t.c. r.s.s alt—these eudks cease to be attained by
,*; t*m Jailidis.icss «>gafty to tin- Constitutional engagement, she
. r j" '"J - oouti'.’ oldtgal tons to the common compact ;
\ am. if uic/f !>( comes not only her right, but iiertfnty, pet-:- tl ,
, to a.t otters, to seek and provide protection for her t/H7i people,
. in her oten way.
I And be it further Resolved, That the Governor of this Stale
be authorized ami directed to forward to the Governor of the
Stale of Maine, and the Governor of each of the Stales—the
President of the United States, and our Senators and Repre-
I siutativ. s in ( ongress, each a copy of these Resolutions, and
the C\;rrespomletice between the Executives of Maine and Geor
gia upon toe subject ; with a request from this State, that the
same be laid before the Legislatures t.f the respective States,
ami the Congress of the United States; and in case of a per
sistence on the part o! the Governor tri Maine in refusing to
comply with tlm requisition of the Executive of this Stale ; ami
a failure tw the part of the Federal Government to give satis
factory assurances of an adjustment thereof, and a speedy re
dress ot tins branch of our constitutional right, that then and
in i: - .?.: case, ’he Governor o! tins State be requested immedi
ately to make announcement of the same by Proclamation, and
call iipmithe good people of this State, to meet in their several
(. ouutif s, at their respective Court Houses anil election pre
cincts, on a day therein to be named, anil choose by election,
under like restrictions as for Senator and Representatives in the
General Assembly, and in equal number, delegates to meet on
• a day not l>e\ond sixty from the date of said Proclamation, at
the - at of Goverumetii, lo lake into consideration the slate of
the < ommonwealth of Georgia, to devise the course of lar fu
ture policy, and provide all necessary safeguards for the pro
lection of the rights of her people.
Mr. Jenkins Substitute for the last Resolution.
An.l be it further Resolved, That so soon as a bill of indict
ment shall be found true, in the Superior Court of Chatham
! county, against the said Daniel Philbrook and Edward Kelle-
I ran, for the offence aforesaid, the Executive of Georgia he
: requested to make upon the Executive of Maine, a second de
- tnanu tor the persons ot the said fugitives, predicated upon
said bill ol indictment, and accompanied by such other evi
dence as is contemplated by the Act :>f Congress in such cases
! made and provided.
- .nd be. it further resolved, That should the Executive of
. the Slate of Maine refuse to comply with such second demand,
; the Executive of Georgia be requested to transmit a copy of
these re-olutions to the Executive of each State in the Union,
to bi presented to their several Legislatures, and also a copy to
t ie P/i ad- ill ot the United States, and to ottr Senators and !
Hepre-i utm.vt, s<u Congress, to be laid before that body. Atid I
shi-md me Legislature ot Mattie, at its session next alter the I
satd resolutions shall have been forwarded to the Executive of
that State, neglect to redress the grievance hereinbefore set
forth, it sb.ill be the duty of the Executive of Georgia to an
nounce the same by proclamation, and call upon the people of
the several counties, on a day in said proclamation to be nam
, ed, to elect under like restrictions ami regulations as in the elec
lion ot members of the Legislature, a number of Delegates
equal to tiie number of Senators and Representatives in the
General Assembly, to meet in Convention, on a day to be fix
ed m said proclamation, to take into consideration the state of
the ( ommoiswealth ol Georgia, and to devise the course of
t-er futiirc policy, and provide all necessary safeguards for the
I protection of the rights of her people.
RIVER REPORTS.
id. J . Iverson to Governor Schley.
To his Excellency William Schley:
1 have thehonor to transmit herewith, to your Excellency, a
statement ot the progress made by the contractor, under the
j Act of 1836, lor the improvement of navigation of the Chatta
hoochh- River. 1' rom the statement, your Excellency will see
the progress which has been made. The maimer which the
t ontractor has prosecuted his undertaking is highly creditable
to himst 11, and it continued (as I have no doubt but that it will
| be) it cannot fail to realize fully the expectation of your Excel
lency, as wed as that of those who feel so deep an interest in the
! completion of the work.
1 have the honor to be, most respectfully,
Y’our Excellency’s obedient servant,
B. V. IVERSON,
‘ Superintendent of the Improvement of the Chattahoocl.ie River.
The contract was entered into with Col. Asa Bates on the
; first day of August last. The necessary boats and prepara
' lions being completed, the work was commenced on the twentv
| second day following. The Contractor commenced will - ,
twenty-five hands, which number was, on the J4th September,
increased to fitly, with an experienced pilot, proceeded t< - -
; remove the stooping trees from the bends in the River, and
j taking out all the dangerous snags between the City ofCo
i lunibtis and a point in the River known as Woolfork’s sand bar 1
; t'bi* work was executed entirely to my satisfaction, and tin
! vast i*r..:hei - of trees and snags removed has added very much
; tt> the improvement of the navigation of the River, the point*
' abov * ment'm icd. Upon reaching the sand bar, by my dircc
i lion, the coiitrm tei - commenced the construction ol’ a break-
I water two humlred amt forty-five yards long. At this cel*
| ebrated -mid bar,has heretofore been one of the greatest imped
j iments in the River, and was formed by a small Island, which
; divided c;.; rent forming at theii junction below the Island,
; the famous sandbar.
Ihe object to be accomplished wag to concentrate the watei
on om’ ide. Ihe break-water, so soon as it was completed, pro
duced ibe desired object finely. The old Channel is now rap
idly tiding up, ami depth ol water on bar has been increased
from eight' u inches to more limn three feet at the lowest stagt
ot waler. Ift cl confident that this break-water will have tin
happy i fl - tel washing out a channel in the course of the win
ter comii'g - , sufficiently deep for the navigation at any time,
xho next work was removing the stooping trees in the bends,
anf l !■ !.: out the snags from the sand bar to the Ucbe;
Sim;::--. It was deemed highly important to work upon this
s'm before tlm rise of the River. The great object was to
widen mid deepen the channel by removing the marl rock from
the bed of the River. This shoal is very justly considered
the worst place in our River, and from its great length and tin
rapidit y of the current, was much dreaded by both the contractoi
ami my sei!’. Upon trial, however, the marl was found much
1 easier to reumve than could have been anticipated, though it
is very heavy work. The con’ractor was removing the rock.
1 widening and deepening the elianm l very rapidly, when the
la-t fi!iet put an eml to the wot k for some two weeks. So soon
as the water ti 11, the work was resumed with vigor, ami is now
‘ pro; Ls-mig.
1 !s' : h’i t> inform your Im:ecl!en; - y, tbatso Irras the Con
ti .'Ctor has gone in the performance of his duty, that his nine- I
x* 7,. ieOLIASOA,
l milted and undivided attention hn» been givou in
i work, and every desire on his part manrieste-J to prosecute* .‘W
vast undertaking, faithfully and successfully. So fiu f.;
heard of no complaint ; indeed, there is no ground .lr
( I’ubiic opinion is decidedly ii> favor of the appohitm i;t f JfIMLY
, Bates; and the opinion is freely expressed, that ... ■ 'W-4
tendent could not have made a belter seekwticn. Li
,imi, I h ive the assurance ol the contractor, that the xv.
unlbe pi<)uii v.itlj, ashite as tin* stage of water and
wintei will dk.w. Ihe work wdl then be resumed early
the next spring, ami prosecuted with despatch, and m
' faith to its final consummation.
i - B. V. I VERS.;
□upermtciiui'iit of the Improvement ufthe Chatt hooc 1 ; - **
Columbus, Oct. 31, 1837.
Baker Co da ty, Geo- : ■ ,
> August 15th, 1337. j ’ S|
In accortlance with our duty, to report. Irom thm i > • ~ . ’
to th.- Executive Di ( artment, the progress of tb: •,*.-,-,ii ;
moving the obstrm t’.sns in the Idiawayimtchaw b
thetef.ne take this opportunity <>l doing so.
Agreeable to notice, the Cornmis ioi.ers n.<- ~..; ...
adjournment; pres, .it, Jnirn-s Loftin, Be.-’au.iti J ~ . ’ -
Levi Timmons, John W. Hulmes, Natbait Jordan.
Ti.e T.-liaway uotctiaway >va» let out (according , * - |
to the lowest bidder, on the loth tri July ]- JS i ■y; j ; . •
Milligan being the lowest bidder, was the umL ii i-...
compliance of the law, lie gave his bond in double th.
and security satisfactory to the Commissioners., to rem. - - ,
obstructions in said stream, from the mouth to Loli’ui’»
Mr. Milligan began the work in ten days after the tr<- tm . I
let out, and is now in successful operation in nim ving tb o. i
structious necessary for the passage of boats. We have .v- , |
confidence in Mr. Milligan, and believe he will make t!.< |
stream navigable in a short lime.
We have furnished Mr. Milligan assistance for beginning,
from our pri vale resources, and expect soon to cal! on. or send
to your Excellency, for the appropriation fi r this subject, ac
cording to your direction. Yours, tec.
JAMES LOFTIN, J
BENJ. JOHNSON, Sr., « '1
LEVI TIMMONS, > =
JOHN W. HOLMES, I 5
NATHAN JORDAN, J ‘ J
Milledgeville, August 29, 1837.
His Excellency, Gov. Schley:
SlR—I he undersigned having been appointed superinten
dents, under the Act of the last Legislature,(entitled “an Act to
appropriate a sum of money, to remove obstructions, to im
prove the navigation of Flint River, and to provide for the
application and disbursement of the same,” beg leave to osier
your Excellency the following report of their actings and do
ings, under and by virtue of said Act, up to this time,
Report:
That after they had been qualified, they filed their bonds in
the Executive office, anti drew from the Treasury 2,500 -J
dollars, and commenced removing obstructions in said river,
immediately above Bainbridge, and have removed those set
forthand mentioned in our account current, which accotnpa
nies this report, and which we beg your Excellency to be as
sured, is a just and faithful expenditure of the amount receiv- 1
ed by us.
The last obstruction removed, is thirty-six miles, by land,-
from Bainbridge. We also commenced removing obstrnc- j
tions some distance above Bainbridge; such as cutting logs and J
stooping trees out, &zc., which projected on the sides and banks
ot the river, which we thought would impede the safety of
beats ascentiingor descending.
Y'our Excellency will discover, that we have expended
I $1,34-1 574 more than we have received from the State,
we have advanced; and still we having made ourselvejflH •
sible for said amount. All which is respectfully
A. DENNARD, ) -T
G. TINSLY,
~ “-e. F. TteKL’ Mh3 v '|
State of Georgia, in account current, with A. Dennard, Green
Tinsly, C. Fick!ing, Superintendents.
1837. Dr. '
To cash paid for removing the follov-iiig Shoals in Flint Ri-
ver, commencing eight mile., above Bainbridge Double
Bridges, 100 feet w ide, 6 feet 6 inches long; Belchers
Shoal, 00 feet broad, 8 feet deep:
11 Mile Bluff Shoal, 80 feet wide, 7 feet deep,
Sweet Gum Shoal, 85 feet wide, 5 feet deep, A
Davidas do. 100 “ 6 “
Rock Islaad do. 70 “ 5
Williams’ do. 85 “ 6 “
l.ower Pates do. 75 “ 4 “10 inches,
I ppor “ do. 70 “ 4 “6 inches, -~* ——
Burehead, do. 100 5 “ 10 inches,
Reid’s du. 95 6 6 inches, $1 777
[The above includes the hire of hands and furnishing
them, &c.]
To cash paid for removing Logs in the River, cutting
Trees bending over the Rivor.clearingout Cut-oil’s. &c.
including hire of hands, furuishiug them, and all other
expenses, rfv - , w - g
IS37—Aug. 29. S
To balance brought down, 81NMfeS-k"
1837. Cr.
By cash from the Treasury, $2.500
Balance,
A. DENNARD, )
GREEN TINSLEY, \ SupcriM
C. F. FK'KLING, *)
(icorge T. Rogers to Governor
Darien, 2d
//.’> Ee-'r'l ney, Il iiliai ’ Schley:
Str—’! I'." ( - ■•■lir.-.er- appointed bv the last
f>" th ■ i of ; ! -c I:v er Utamaha, boo. leav*
to \ our Excellency, that they commenced the labor ' f
first of June, anil hart* been employed until now, the
time ; that at the commencement, they purchased flats,
-■.Utah! - .' utensils for the work ; since the work has ccasejß||||i
'■ ■ ■(* lints and utensils are on hand, at the disposal of the .*';
ti-i now w ish your instructions in regard to them; as there
i.. . applicr.tion to the next Legislature tor a further
o-iation for the same object, the Commissioners, would
• ecifuliy suggest to your Excellency, whether it wottki
proper not to dispose of this property, until they see
another appropriation will be made.
Very respectfully, ■
Your obedient servant, N-!
GEORGE T.
One of the Corn'rs, and acting
G'.-my,’’ro,'7; r?.7.7.—-The follow ing letter from the
bh-M ilsoti Lumpkin, h-s I con handed ns. with a reqnesdfl ;
•ts pnblii alien. ITe friends of this gn at enterprise
raiifitd to Itarn that the woik is progressing so rapidly,
partit i;laily that it will he a substantial and durable
ture.— [yfMew.s Ranrcr. Oy ,
Avgi’sta, Dec, 6,
De.t Sir—l ar< ived here hut night about sunset, and
.- i *.i ;fl .■’A - * liiagtoe. On niv wav here, 1
epp-i; :m,i y . th.- li.st tin c, toexamine as far as
*>::!*: .. !!'•-', '•** i ? tl.iim (( m<<t< tl with our Railroad -
mii'il: k-d ami greadv encouraged with the very tlattei
;-i-< - t ot' sin ccs-, v, h-cli, ch ai ly to my mind, lies before us. F9BSH|
!! 'I 1.-i:- ;v. *i mili s upon the Railroad yesterday,—a few "k*
l:e upper 1-ml the iron tails not yet laid down—in company 7
Mioni fifty passengers. 'Flic stiucture and finish es the woik
I'.ir surpass my expectation; indeed, its incipient operation,
i-teiy thing conm clod with it, is calculated to encourage -
■trenythen the hopes ami hands of its fi lends. A contini anco
I he .'ibil'ty ami pt rseverance heretofore devoted to this
WHOLE HO. 205.
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