The daily constitutionalist. (Augusta, Ga.) 185?-1875, January 31, 1856, Image 3

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Hlli.l HI\STIi'ITIOMLIST OFFICE on McINTOSH-STREET, POOR FEOM THE NORTH-WEST CORNER * ,S OF BROAO-STREKT. TER MS: j D advance per annum |6 00 '■m advance per annum 7 00 f,‘\veeklv, in advance, .per annum 4 00 i ivai e per annum .1 00 : V.' in advance per annum.... 200 .. s |i..< or\'T for Cans. -JOB” OFFICE. •• ntlv added a variety of New Stj^es ■ , our Job Department, we are prepared t itt every description of LETTER PRESS PRINTING 2 superior manner, and on reasonable terms, •he assortment are some Mammoth Type tor POSTERS. eri hi the T'orritones— Deferred Debate. • n KTT-FOI.’KTH CONGRESS — -FIRST SESSION. i,aiNGTON, Jan. 17, 1856. —HorsF..• —Mr. Ste . i ask the indulgence of the House hut for moments. 1 wish to make some inquiries of . .ruble gentleman from Tenues.- e, Mr. ir, in reference to some remarks made hv ;!ie debate yesterday. He is reported as X pinion is, tliat the advocates of the con sul power of ( ongress to establish or pro . . i ry in the territory of the United States— ; :hey may live in the South, though thev 'fess to be the advocates of the Constitu te rights of tiie South arc doing to the South i .aage, and are more dangerous, than the ..■ienists of the North.” ,ih to ask the gentleman from Tennessee means by that declaration; and also if he any gentlemen, or persons, at the South •coir the Constitutional power of Congress ibit slavery in the Territories V ZollicolU-r —l am pleased that the gentleman Georgia has put the question to me, and i e obliged to him, and to the House, not to me strictly to a categorical answer. My i iTi is, that the theory that the Congress of j united States has the Constitutional power to f .. s graphical line through the public Ter [ -j.-s. ana to sav where slavery shall exist, and ■ -lav ry shall be prohibited forever, is a giving to Congress a power which the Con j in has never conferred upon tins bodv. Mv i i~, that this theory has done more damage i iistit .’iona! rights of the Southern States Union, than the open warfare of Northern unmsts, upon the institutions of the South. ii.it mean to he understood as saving, lhat aen who entertain tliis theory of tiie Con n are less patriotic than gentlemen who be •.s 1 do, tliat the Constitution does not confer nvr; but my position is, and what 1 wish .ndi'tstood as saying is, that the theory is an ,iis and most dangerous one. And here lei irk, that many gentlemen of the South, patriotism 1 have never doubted, have fallen ; a belief of this theory; and some gentlemen t'.iras to demand that the Congress of ■fill'd States should mark out the line divid- Territory between the North and the South, , : ,-iiv determine forever where slavery i* : ;! go, and where it should be prohibited. But , .raliiied that many of those gentlemen have ■ ■-d their opinions. . o'.ieman from Georgia [Mr. Stephens] asks i Miint him to a man of the South who enter- ' . b opinion... I would say to him that my Hixling is. that the gentleman from Georgia Mr. Stephens has, upon the floor of this - maintained, with regard to the territory ac i irom Mexico, that unless Congress would [ in- Missouri compromise line to the Pacific i , i>v a geographical line, divide the territo i determine forever where slavery should ex | ,1 where ii should be prohibited, that he had i :n ,• alternative than to return the territory to I ■ hot us keep our money which is to be 1 it," said he, ‘‘and let Mexico keep her 1 n - and her people.” That was his position, - id it. lam gratified that the gentle v n warr-vl against the principle of “non i 1 s,” has changed his opinion, and now i the country as an advocate of the i.f non-intervention” by the Federal i at with the territories of the Union, np | ■of slavery. Mv opinion is, that the - , -.in he carved out of the public Territo [■ i: n they shall be admitted into this Union, a i vine in upon an equal footing with the old i. - under the plain letter of the Constitution l. > v should come in full-fledged, with all pow | c.ermining their fundamental and constitu f.vi! w - as is conceded to the old States of the I repeat, I do not mean to say that gcntle : ' entertain the opinions 1 ascribe to him - patriotic than those who embrace the pi in if nou-intervention ; but 1 mean to say that . . arc more dangerous to the South, par ••jt’v when presented by Southern gentlemen, ■a when presented bv open and avowed Aboli mists. Mi . Stephens The g • dleinen is mistaken in a‘ .'•iiting to me any such position or opinions as —ems, from the tec n d he refers to, inclined to ,m me, 1 did not then, or ever, advocate the - utional power in Congress, to prohibit slave i'he Territories; but I maintained tliat upon principle of the compromise I should be satis . -vit‘i nothing but a fair division of this Terri i have always, and I do now, maintain, as ' i-iiial question, that the Territories of the ■J States are the common domain, in which 'pie all the States have an equal interest; ■ 'vat the people of the States who choose t 1 ilietri, should determine their domestic insti fa- themselves as they please when they f v form their State Constitutions. But when ' rth would not permit the South toenjov all in tenn, to colonize all in common, and to settle a common, without restriction, then only on principle of division, as an alternative, would 1 vi-e the question at all. Now, sir ■ Znllieoffer, (interrupting)—Will the gentle- : from Georgia allow me to read his declared Stephens—Not now. 1 know all about my , 1 opinions. Ido not wish to have my time ; taken up by reading. Zuliicoffer—Very well, sir. ' phens— If the gentleman has anything contradiction to what I say, I will, when 1 tough, hear him read it; but I do not wish Vbe diverted from other points. The gent le - stated to the House, when he began, that. - mil Mi n who voted for the Missouri line - graphical line—where slavery might exist, it should not, were more dangerous to • -T- of the people of the South than the "-uists of tiie North. Does he believe that - :i -,v ’; n 3 ago—when the South was i to the wall -when thev took that measure - :tn itternatiee —when tiie North insisted on - every foot of the country, and when, only eial! majority, the South reluctantly took in lieu of total prohibition—does lie be i ask, that those men wore more dangerous South than the Abolitionists of the North Does he say that your Lowndeses and Clays, majority ot the Southern members, were . mgerous to the rights and interests of the t. and the peace of the country thau the avow iiiionists? Znllieoffer Perhaps the gentleman does not "Stand me. 1 again repeat, and 1 wish to be -iv understood, that this theory has done damage and is more dangerous to the consti • • rig’nts of the Soutli than the open efforts ■'ionisrs. Many patriotic men at the peri which the gentleman alludes, fell, as I bc iato the error in submitting to what they re -1 as the smaller of two evils, namely : in ad ’-'•s; that the Federal Government has the pmrei • s-.ipwhich are yet to be formed out of T-rri tones of the United States in the eburac r • uni <tic institutions forever. I feel l' v i' more dangerous to the South •a warfare of the Abolitionists. »s—Then I wish the gentleman from ,• . state what theory he means V Does ■' any s cithern man in the beginning, in vie, or down to the present, or at any time progress of this controversy, who ever en "•'v i - ■>, (tkt'<ry as he speaks of? And does »au\c of any southern man who voted for a di- R'd the public domain, except as an alterna- Did the offer to divide even originate with aien? Has it ever been defended by -f wen, except as an alternative? :iii ;jjr If the gentleman from Georgia - ' me, l will read an extract of his speech . on the subject ? Now, sir, you may read it. l Mtcotler -On the 13th of June, 1850 j the gentleman from Georgia is reported, in v- '’-, as saying: , 1 ‘ / ! kgiutuag been, as the gentle •••‘in Mississijypi says lie is in favor of the ex • ••? Missouri Compromise tine, or some , . of the Territory. But 1 dit ision which will not give as ample priv ant security to the South lu the enjoyment , •». as it does to the North. The ex , ’ae Missouri Compromise, without the -v“ ; _‘”'‘ ot slavery south of that line and all the protection would, in mv opinion, be a i nuK-kery of right, Just a* much so os the doe- Tfc ,f • Hterrer.ftOß. This was my position ■ ag" upon this floor, and upon which 1 ;*• d 1 should stand or fall. [ hold that, .... ju:-;n..>i ,-t these Territories, their v, derived upon Ot>*#re*s, and 'that it .r, V Jt d. !‘ f Congress to pass ail neeessarv Ulf iair and equal enjoyment of them b\ * . k'M le of the United States, or sueh of the:n ‘ go the re with the property of every de “As a difference of opinion exists between the .North and South upon the subject of slavery 1 .thought and still think, that for the purpose of ■ ® uch . J u>t 1U1 “ equal enjoyment a division, of the | Territory would be best. That Gmyresx had pf/UtT ; top&M all (ruchl-fitr*, f never doubled —indeed I was j amazed at the position of those who claimed the constitutional right to carry and hold slaves there and yet denied to Congress the power to pass laws for the protection of these rights. The dextrin* of j ‘non-intervention' denied the power.” Air. Stephens—Yes, sir, and 1 endorse every word of that now. j Here the hammer fell.] j Mr. Stephens—l ask the indulgence of the House to permit me to conclude my remarks. The Clerk—There being no objection, the gentle , man is at liberty to proceed. Mr. Read©—\Vill the gentleman from Georgia allow me to ask him a single question, so that I may be sure I understand him correctly? Mr. Stephens—Certainly. -Mr- Reade —I want to ascertain whether 1 under stood the gentleman from Georgia, in the extract just read by the gentleman front Tennessee, to j have spoken of the principle of nou-inferven tionas a mockery? 1 want to understand that ex tract correctly. Did the gentleman from Georgia speak of the principle of non-intervention as u mockery ? Mr. Zollicoffer—This is w hat 1 understand his language to amount to. Mr. Stephens—One at a time—and one thing at a time, Mr. Clerk. What 1 wish the House right here to understand clearly is this: “Non-interven tion,” as the word was used at that time by me, w as a term altogether different in its meaning and import, and practical effect from the same word as ! it has more recently been used on this floor and elsewhere. At the time of the acquisition of Mexi i can territory, there were local laws—4s [ under stood them-prohibiting slavery. I held it to be I the duty of Congress then, to annul those laws, and to open up ail the Territory to the free and uu resiricted colonization of the people of all the States of the Union. There was then already “interven tion” against us. Non-intervention over lhat Ter ritory at that time would have been exclusion, par ticularly in connection with the idea that the peo ple there should never be permitted to change the existing statue, as f showed in that speech from which the gentleman has read an extract, or some other, or at least thought 1 showed. This was my | opinion upon a question, however, on which South ! era men differed. But it is proper for the gentle man from North Carolina (Mr. Reade] and the House to understand the import with which the ! term “non-intervention V was used by me in that i speech. I t was that “ non-intervention ” which, ; 1 m n>>" judgment, would have absolutely excluded | ; a portion ol the people of the Union from a just and fair participation in the use of common terri- j tory, and [ wished all to be equal participators j therein. Now, sir, in that speech from which ihe gentle- ; man has read, I was speaking of a settlement of i this controverted question on the principle of divis ion, as the people of the North could not injustice j be permitted to take the whole territory—every j loot of it, North, South, East and West, which t hey | were claiming, and seemed determined to have. ; My theory was, and the whole Southern theory was, ! as i understood it, as an original question, to leave i the whole territory free to colonization by all alike, 1 and without restriction anywhere. But, sir, w hen j we were forced to the wall, when we were outvoted by a large majority from the North, win n we had i no hopes of getting' that theory of ours realized, then j w’e were willing, as 1 sail!, in consequence us tJiis see- j tional disagreement, as an alternative, to* have the ; territory divided with ihe same guarantee against, j the previous intervention against us on one side of j the line to the people of the South, as there was on I the other side to the people of the North. The House will indulge me also in another idea. In the speech to which the gentleman from Ten- j nessee lias alluded, he quotes me as having express ed astonishment as to the power of Congress to do j what f thought ought to be done ; that is, to in-.ti- j tute Governments for the Territories, and to effect j what I desired. Now, on this subject, in both a-- ■ poets .if it, there was a division of sentiment as well North as South. I held that Congress had j power te govern or to provide governments, and to ! pass such laws as were necessary to give security | to since property, which some, holding the doctrine | of “non-intervention,” as then used and under- i stood, denied. I was amazed at some gentlemen who held that by virtue of the Constitution alone i we could hold slaves in the Territories, and yet de nied the power to protect them. 1 hold the same sentiments now . I held that it is the duty of Con- . gross to protect slave property as well as other pro perty in tin common territory of the United Stales, just as it might protect any other kind of [ i iper.y That is what I held n> be tiie power and duty ot ; Congress, i did not bold that ii liad tiie unquali fied power to prohibit. Now, 1 ask ihe gentleman again, does lie know any mau in the southern : country who advocates, or even defends, the un limited constitutional power of Congress to pro hibit slavery in the Territories? Mr. Zollicoffer—l would ask the gentleman from 1 Georgia, whether in 1-S4B he did not, on this llo.ir. I take the position, with reference to the territory ; acquired from Mexico, that there were but two i courses to pursue; that there were but two alterna tives with hitn. ! ask him if he did not suite, that unless tiie Federal Government extended the Mis souri Compromise line to the Pacific ocean, so that ! slavery should exist forever on one side of the line, and should not exist on the other, his only alternative was to return the territory to Mexico? 1 ask him if he did not demand that Congress should not merely protect slavery in the territory : on on ' side of a geographical line, but should pro hibit it on the other? 1 ask him if lie did not d<- T/nt/id that, and demand it as the only alternative to the returning the territory to Mexico ’ Mr. Stephens Only, Mr. Clerk, byway of com- ; promise. Mr. Zoliicoffer Ah I Air. Stephens-—lt was only as a compromise that I would agree to or demanded the extension of the Missouri line, recognizing and protecting slavery South of the line as well as excluding it North. This was the only plan of division, itself an alter- . native, that 1 w ould agree to. I was then in favor { of running that line through to the Pacific—not as au original proposition, but us an alternative—-to settle the question upon some principles of justice, j as the South and North differed upon slavery, and : the North, so far from lotting the South have the . : free common use of all, seemed bent upon not let ting her have any. But the North would not agree, then, even tofthai —they would not divide. An over whelming majority itt this House were opposed to it. On the loth day of January, foil, a large, an ■ i overwhelming majority in this House repudiated the adoption of that line byway of settlement—a line, or a principle rather, which the South was forced to adopt in foOn. not as a theory of her own, but as her onlv alternative. Now, Mr. Clerk, I voted in Is is, ;ls all tiie men from the South upon this floor voted, to extend , that Hue to the Pacific coast. It was no measure of our choice. Mr. Zollicoffer—f suppose 1 do not mismidcr stand the gentleman from Georgia. I now under stand him to express the opinion that the Federal I Government lias no constitutional power to restrict ; slavery in any of the Territories of the United States; yet. in a spirit of compromise, he was willing, in this instance, that the Constitution : should be violated in the measure proposing to re strict slavery in half the territory, and that the Federal Government should thus (in what the Con stitution itself prohibited. Mr. Stephens -No, sir, j_, hold no such dotrine. The gentleman can assign me no such position. I voted to extend the line as an alternative; but 1 did not hold, nor do I now hold, that I violated the Constitution in thus voting. And I want to know of the gentleman from Tennessee if he would not have voted for the extension of that line if he had been here? When the whole South united in agreeing to extend the line as an alternative, bv way of compromise, in Ist-., [ want to know of the gentleman from Tennessee- and f call the atten tion of the House to his answer - whether he would not, if he had been here, have voted with the South for that extension? Would the gentleman, or ' would he not? Mr. Zollicoffer--Mr. Clerk, it will be remetnber i ed that when this little sparring between the gen tleman h orn Georgia and myself commenced Mr. Stephens -1 do not yield to the gentleman, except to answer my question. Mr- Zollicoffer- —1 will give the gentleman a di ’ rect answer. Mr. Stephens- Very well; go on. Mr. Zollicoffer—l say it will’ be remembered that this little sparring between the gentleman front Georgia and my self grew out of the fact, that when the gentleman from I‘ennsvlvania, Mr. Fuller,' for whom 1 have been voting as a candidate for Speak er, defined his position the other dav—when hi announced himself as occupying the-high national position which he did, the gentleman from Georgia rose and complimented him upon having revised his opinions and corrected his position before the House and e-mnlry. 1 confess, sir, that 1 coulu not help supposing that those compliments were ironi ' cally tendered, and ! stated, in reply, that it would be well to remember that other gentlemen had cor rected their positions besides the gentleman from Pennsylvania. And now, sir, in reply to the interrogatory of the j gentleman from Georgia, 1 have to say that from the day of that crisis in 1850, when I saw what I saw in the Nashville Southern Convention, as it - was called—when 1 saw that body demanding the • extension of the Missouri Compromise line to the Pacific —when 1 saw that body advocating the e:c --; ereise by the Federal Government of the power to prohibit and permit the extension of slavery upon i tbs' respective sides of a certain geographical line 1 through the Territories belonging to the Govern • , ment, a power that 1 felt was not delegated by the r Constitution- when I saw that position taken by t the exireme men of the South, sir, 1 planted my ■ self upon the position, that they :/«V of the Terri • lories, when they come to form Shite Governments a for thejnsdi s, had the mlc right to determine for u themsebes whether they would have slavery or not. Alt . Stephens The gentleman has not answer ' !ed my question. I ask again whether in 1848, 1 when the proposition was sent down from the ‘ Senate proposing to extend the Missouri Hue to the ? Pacific toast, would the gentleman from Tennessee “ ! have voted for it V ' Air. Zollicoffer—Well, Mr. Clerk, I will answer j the gentleman in this way ; Air. Stephens—l cannot give the gentleman mv j, \ time except for a direct answer to my question. T want to know whether, when Congress was provi ding governments for the Territories acquired from Mexico, he would, if he had been here, have voted for the extension of tiie Missouri line through those j Territories or not? Mr. Zollicoffer —The time has been, Mr. Clerk, when the great bodv of men at the .South, for the ■ sake of choosing what they considered the smaller of two evils, had fallen in with this Missouri eom i promise line; but, sir, my own opinion is. that had lat ti.a time occupied a seat upon this floor I should have felt it to be my duty to investigate the subject with care, and to vote deliberately upon that investigation; and that I should have voted to sustain the pr.nciples recognized in the compromise 1 measures of 185 u. Mr. Stephens—My question is, would the gentle man have voted for the Missouri -compromise line at the time I have stated ? Mr. Zollicoffer—Afy answer is, that I would have voted in accordance with the principles of the com promise acts of 1850, to have the people of the Ter , ritorUs to determine ihx question of slavery for them selves, when they came to form a istate government. Mr. Stephens—The gentleman said he would give me a direct answer. He has not. Now I wish to put to the gentleman from Tennessee another ‘ question, that is, whether, when those Southern men he has spoken of, before they got the prtnei- j pies of 1850, now carried out in the Kansas bill, chose the less instead of the greater evil, as he has said—when every man from Tennessee, every j | man from Georgia, every man from South Caroli- ; na—in a word, every man, Whig and Democrat, j Soutli of Mason and Dixon’s line, voted for that | measure, were they acting upon a theory more dan- j gcr.ms to the South than Abolitionism itself? Air. Zollicoffer—The principle of 185" and of j the Kausas-Nelitaska bill were then urged, and are | as old as the Constitution. I repeat what I stated > at the very outset, and i do not mean to be under j stood as saving that those gentlemen were less pa- I triot.ic in their motives than those who understood, j as the gentleman from Georgia now understands, the principle of non-intervention in the Nebraska , and Kansas bill, or that their theory was more dan- | gerous than Abolitionism itself: but I say, never j theless, that the theory, whoever may entertain it, I | that the power exists in tiie Federal Government ! 1 to determine forever, for the States to be formed j out of the Territories of the United States, the ; fundamental constitutional principles of those : ; States to determine whether slavery should ex i ist there or not—is a theory more dangerous to the ! South than the overt movements of Abolitionism ; itself. Mr. Stephen'. lam here to defend that theory : so far as niv action under it is concerned. 1 say , it was a wise theory, looking to the peace of the j i country under the circumstances. I say it was a i just theory so far as was founded on the principle j i of a fair division of the Territory, but it was not, : ' nor is now, any favorite then of mine. 1 preferred | another—the principle established in 1850. Still, j there was nothing so aggressive in it, that the coun try might not have been satisfied with it if it had ! been abided i iv. J acted on it only as an altema- ! live. Nor do I hold that the whole South in ad- j heriug to it were more dangerous to themselves than Abolitionism itself. Nor, sir. do i hold that a division of territory', as stated, violates the Con stitution of the United States. This 1 sa_v, while 1 I also maintain that the Constitution gives to Cun i gres no original or substantive power to prohibit ! i slavery iu the Territories of thiscouutry. The ; gentleman cannot find, in any remarks that I have j | ever made, that I have ever advocated the exis tence of any such power. 1 never have entertain |ed any such Opinion. I have always warred I against ii from the beginning. 1 have always maintained that this theory of the ! i creation of territorial governments was outside | the contemplation of the Constitution. It rests 1 i upon a power resulting from the acquisition of ter ritory which the Constitution never contemplated. I Hot when acquired, the duty devolves upon Con : gross either to govern it or to provide a government I for it. And in governing or providing govern ments, Congress Ims no power, either express or implied, direct or incidental, to pass any law which would deprive any portion of the people of the several Slate-, of their right to a i just and fair participation iu the public domain, j Hut a law or regulation, looking to a disposition of ; the publi domain as common property, based up on the principle of division between the two sec- i j lions, disagreeing, as they do, upon the subject of ! slavery, 1 hold, may be constitutional, or, at least, ; not violative to it. While the exercise, therefore, I i of such power by a general exclusion would be j ' wholly unconstitutional, yet, under circumstances ; ; qualified as I have stated, it might be properly ex- 1 ! orcised. As 1 understood the honorable gentleman ; from Illinois 'Mr. Richardson ; iu hold, the other I day, the exercise of this power may or might he | perfectly consistent with the Constitution, just, and j proper in mu instil , anil wholly inconsistent with it, unjust, and improper iu another. Mr! Znilirorter Mr. Clerk, 1 desire to say, that | if [ have not done justice in every respect to the position taken by the gentleman from Georgia, on a former occasion, t desire now to do so. 1 sent, some tifhvn minutes a ■>, to the Congressional Li brary for a copy of the Congressional Globe, con taining ihe remark- of the gentleman from Geor gia, to which 1 have referred, upon which the ; statement i have made, as to his position, was pre dicated. 1 have not yet received it. I hope to re j eeive it presently, and then [ will give to the House the record upon w hich 1 based my opinion, Mr. Stephens The gentleman misapprehends mo if he supposes that I ever held the idea or opinion ! that Congress has the general or unlimited powei j to exclude slavery from the Territories of the Uni ted States. Never, sir; hut 1 have held, and Ido hold now, that the powei iu organizing govern . merits and disposing of the common territory, can j j be properly and constitutionally exercised on the j j principles of a fair division. The gentleman seems to belong to a class of men who argue that if Con gress can exclude slavery from a part, on the prin ciples I speak of. it could, therefore, exclude it from all the Territories, 1 Mr. ZollicUfter That is the position of the gen j tleman’s candidate for speakership, as announced last Friday in his place, that if you can exercise power over a part of the Territory, you can over the whole of the Territory. Mr. Stephens No, sir. 1 endorse every word t that the gentleman from Illinois lias said on thi> subject, lie says that lie voted for the extension of the Missouri compromise line, and that he did 1 not think in doing so that he was violating the Constitution. I think so too. He says that the exercise -,,f the power, other than by compromise, or a fair division of territory, would be wwijawl uiijuxt, and ( ii iu>i. ot /-/M A ko , o' \ oj Utf »piritof iic- ihii-A-uui«n. So I say too. And why would it, in my opinion, he unconstitutional to exclude slavery front all the Territories? The 1 Constitution is silent on the subject of the govern ment of the Territories. 1 have at way's maintain ed that the power was an incident and resulting one; and, as I look on all resulting powers, this ; i one is to be fairly and justly exercised, When ex- | ereised in that way, I hold that it is constitutional. ! : If not, it is wrong and unjust, and tantamount- to j a violation of an express provision of the Const!- ' lution. It is a violation of the spirit of the Con stitution, because of its injustice. Mr. Zidlicofter-- If Congress lias the power to ; exclude slavery from one-half of the Territory, has ii, not the power to exclude from all the Territory? Mr. Stephens No, sir. That is the point, "it 1 would be unjust; and for that very reason, no such power of general exclusion could be properly exer i cised. The Government of the United States, un : der the operation of the revenue laws, and not within the purview or contemplation of any of the ! granted powers of the Government, acquired a surplus revenue. Ii was never contemplated by - Constitution that such a fund should be amass- j ed. A distribution of the fund fairly and justly between all the States, 1 hold, was perfectly con stitutional. Ilut suppose the North had said, “Here j is a ease outside of the Constitution. There is not , a word in that, instrument on the subject. The j fund has been unexpectedly acquired under the op- j ; eration of the Government; but ii shall not be ui j vided among all the States equally, it shall he ta- j ken exclusively by those where slavery does not ; exist; tli.t- uo slaveholding State shall touch a dol lar of it.” Would that have been constitutional ? j This is an apt case, in point of illustration, for j the Constitution is silent on the subject. It was j , never contemplated, by that instrument that a sur- ; plus fund should be accumulated ; but such a fund did accumulate, and may again. The power of distribution was a resulting power, and, when fair ly and jtistlv exercised, was constitutional. I do not now discuss the expediency of the distribution, but the constitutionality of it. Ido not doubt that it was constitutional, if the distribution was fair i [ and just, but it would have been nothing short of - usurpation for the North to have taken the whole i of it. That is my answer, and so with the Terri tories. Here was an acquisition of public domain, . which the Constitution never looked to or provided , tor, made by the common treasure, by the common [ blood of Northern men and Southern men—-men t trmn all sections contributed in acquiring it. In i some States slavery existed, in others jt did not; . and was it not right tiiat the people of all the States should have an equal enjoyment of, or a just aud , i fair participation in, this public domain ? dust as i * n t* lo casy pi the surplus fund; when that fund g came to he divided, it w ould have been monstrous, and unjust, and violative of the Constitution of its spirit, it not its letter —if the distribution had v . not been an equal and a fair one. Mr. Zollicoffer i have at length been able to obtain, aud will read the extract un which I based s rav opinion of the gentleman’s position. Mv nb ject in doing so, at this time, is merelv to'show that I had no purpose to misunderstand or misrep resent him. f call attention to the following ex , tract of a speech delivered by the gentleman in ■ 1848, on the floor of this House. “T have no objection to compromising the ques tion, but I have only two plan* of compromise; one is, a fair dimwn of the territory by fair and’ dis tinct lines, by which every one may know exactly to what extent his rights will be protected. I care not much whether it be by an extension of the Missouri line, or whether it be by adopting as a line one of the mountain ranges, giving the South all on this side and the North all on the other. I am, however, rather in favor of the latter: but shall insist on some fair and just division. That is one plan of compromise I shall favor; and if 1 can- : ; not get that, I have but one other to offer, and that * . is, to reject the Territory altogether. " Let us keep : our money which is to be paid for it, and letMexi j co keep her provinces and her people.” Mr. Stephens—Well, sir Mr. Zollicoffer—Let me proceed. Mr. Stephens—Show in what I differed then from what I now state. Why do you bring my re cords to back what 1 now say ? I Mr. Zollicoffer—l do not say that it differs from what the gentleman has said in the last few min ; utes ; but there does seem to me to be some differ- ! ence between it and the non-intervention banner which he so boldly flaunted on yesterday. Mr. Stephens—Not at all, sir." Permit me to re , peat just here that my original view was, that Con- 1 gress should not interfere or intervene against us; 1 that Congre.'-. should leave the eommon territory was free and ope nto colonization by all alike. This 1 what I desired; this is what we have now got. But i when that speech was made, this hope was a fore- I gone conclusion ; the hand of Congress against us could not be stayed. None of us expected, if the territory should be acquired, that intervention ; ; against us by Congress in some way or other could j ibe prevented. We were voted down. I, however, i was still willing, as an alternative, to compromise ; i on the old principle of division ; but if I could not 1 | get even that, then my last alternative was not to j take the territory. The gentleman front Illinois, Mr. Richardson], and the Senator from Illinois, Mr. Douglas], and a few more, not exceeding half 1 ! a dozen, I believe, were the only gentlemen from • the entire North who voted to give us anv showing at all -men who seem to be now hunted down. While the gentleman is reading me a lecture in re- ference to the honorable gentlemen front Pennsyl vania, to which I will reply, his whole argument seems to be to hunt down .Mr. Richardson. Mr. Zollicoffer—l think that assumption is a lit tle unkind to me. I feel that such is not my wish; j but that, when Southern men seem to be hunting : down sound and national men of the North who l stand with me, both sides of the question should I go before the people. Mr. Stephens— Let me go on, if yon please. Mr. Zollicoffer—l will say that I now understand the gentleman’s position to be somewhat different from what I supposed. 1 understand that, as a matter of compromise, he was willing to see this geographical line run to the Pacific; that slavery should exist on one side, and be excluded from the other. 1 now understand him to say that he be lieves that Congress has power to make this dispo sition ? Mr. Stephens—l do. Mr. Zollicoffer—And I understand him, at. the same time, to sav that, while Congress has power to prohibit slavery from one half of the Territory, it has not the power to prohibit it from three quar ters. This, I must confess, to me is inexplicable. Mr. Stephens -It maybe so to the gentleman ; it. does not seem so to ate. 1 say that there is no violation of constitutional power to divide fairlv and justly, but it would be violative of every just principle of the Constitution to take the whole. If that is inexplicable to the gentleman, I suppose it will not so appear toothers. I suppose that this was the view of all the gentlemen from the South acting with me on the extension of the Missouri line; at least, it is the ground upon which i stood. Now, Mr. Clerk, l am willing that the gentleman shall search all my records, and bring them up here and read them. I think that, upon this point, the gentleman will find that L have never changed sides, or positions, or opinions. If I were to do it, 1 would not hesitate to avow it; I wish the Gen tleman io know that. But I wish the country also to know that my opinions upon this point, so far us I am a proper judge of them, have been the same since I first came to Congress, and just such as l entertained before I came here. The position of the South from the beginning was, that Con gress ought not to interfere or intervene against ns upon this subject. That is my position, and al ways was, as an original question. That was the Southern ground anterior to the Missouri restric tion in 182". That was only supported by South ern men as an alternative. It was when the South was voted down by the North, and when the South was about to lose the whole of the Territory, that site consented to the principle of a division ■ and I ■say that Congress has the power, in my opinion, to divide fairly and justly, but no power to give the whole, exclusively, to one section, just as in the case 1 have put. about the surplus revenue. Now, sir, the gentleman remarked that mv allu sion to the gentleman front Pennsylvania Mr. Ful ler was unkind. 1 disclaimed yesterday- 1 dis claimed most emphatically yesterday—and 1 do again to-day, any intention of alluding to the gen th-m.m from Pennsylvania in an unkind spirit. 1 did it because 1 thought the occasion required it; 1 thought ii due to the progress of our cause here. 1 felt extremely gratified at the announcement of the gentleman s opinions, and so 1 said then. 1 say now that my intention was not to cut down the gentleman front Pennsylvania at all, but it was to strengthen him and to strenghen his friends and our cause at the North it was to give our friends {■very assurance and induce them to stand firm : for we have evidence now that if they do so, the great principles established in is,7o,'and carried out in the Kansas-Nebraskn bill, will iilliimivh prevail in this country, notwithstanding the clam or at the first elections against it. Mr. Zollicoffer lam happy to hear that I mis apprehended the purpose ot the gentleman ; but whi'ii he, by implication, stated that the gentleman from Pennsylvania had seen new light- -Mr. Stephens -I'did not say that he had seen new light. Mr. Zollicoffer \S ell, that light had dawned upon him. Mr. Stephens I did not say that. Mr. Zollicoffer-- The impression upon mv mind was that the gentleman did imply this in what he said. Mr. Stephens—No sir. What I said was Mr. Zollicoffer—Well, Mr. Clerk, may 1 be al lowed to ask the gentleman, in order that I mav be able to understand his position—for 1 have some difficulty in understanding him -whether lie be lieves the Missouri Compromise line to have been constitutional or unconstitutional ? -Mr. Stephens I believe that it was constitu tional. Mr. Zollicoffer- Well, that is what f understood his position to amount to at first. Mr. Stephens I believe it was founded upon the principle of a fair division of the territory as ii was then understood, and a> such it viola ted no constitutional provision. ! ask the gen tleman from Tennessee now again, whether he would not have voted for ii if lie had been here? Mr. Zollicoffer Mr. Clerk, 1 can only repeat what 1 attempted to say in reply to the same ques tion a few minutes ago Had I been a member of the House at that time, my opinion is, that I would have done what ii lets been mv uniform habit to do—that I would have investigated every question upon which 1 was called to vote upon it's constitu tional principles; and mv opinion is, that upon an investigation, such as I gave to this question in 185: i and in 1854, 1 should have come to the conclusion that there was nothing in the Constitution author izing the Federal Government to exercise the pow er of prohibiting the new States, to be formed out of the Territory of the Union, from adopting such permanent institutions as they chose to adopt when they came in as Stales, I should, therefore, have held that the Missouri compromise was in deroga ; tion of the Constitution; that is, that there was nothing in the Constitution authorizing such an act; and that inasmuch as the power is claimed upon ihat clause of the Constitution which author izes Congress to make “all needful rules and reg illations" for the Territory and other property of the Union, and inasmuch as a regulation perma nently prohibiting the States to he formed out of : that Territory from acting for themselves when they took on themselves sovereignty, was not a ‘ “needful rule" that Congress had no such power. I That is my present opinion. Mr. Stephens—The gentleman, then, was oppos :ed to it, and would not have voted for it. I ttnder i stand him to say that he would not have voted for the Missouri compromise. Mr. Zollicoffer—For the third time, 1 will endea vor to make myself definitely understood. Mr. Stephens—-I have asked the question wheth er. the gentleman would have voted for the exten sion of the Missouri compromise. The gentleman has been several times upon the floor, and has not answered that question. (CONCLUDED TO-MCRROW.) !%7 EW HOOKS.—Macaulay’s History—vol. 3 s - and 4. Prescott’s Philip the Second—vol. 1 and 2. Gillis expedition to the Southern Hemisphere. A Plain Commentary on the Four Holy Gospels, intended for Devotional Reading, i Looking I nto Jesus ;by Rev. S. Ambrose. Village and Farm Cottages; by Cleveland and ! Backus. Flora’s Dictionary, new and splendid edition ; bv Mrs. Wert. ' J Chambers’ Journal for September and November. Songs and Ballads, of the American Revolution. Poems ; bv Gold Pen. For sale bv jan-24 THUS. RICHARDS A SOX, M.\( K liR EL.—BOO packages MACKFUEL, Nos. i, 2 and 3, in whole, half and quartei barrels, just received, and for sale bv dee2o HAND, WILCOX & CO. ONION SETTS.— 2r, bushels White, Yellow and Red ONION SETTS, just received am for sale, in quantities to suit purchasers, at jan4 WM HAINES’ tfit v Drug Store. (Dcncral iUrocrttscmmte. NOTICE. A PHYSICIAN wishing a location in a wealthy community, where an extensive and profitable practice can be secured, can obtain one by paying about $350 for Medicine, Instruments, Ac. An early application to I>. B. PLUMB, Au gusta, Ga., will likely please one feeling interested. j»u22 + *utf LAND FOE SALE. rfIHREE HUNDRED ACRES of well -1 .M. timbered LAND, about five miles from the citv, on the Georgia Railroad, will be sold. A bar- , gain. Apple to W. B. GRIFFIN. Augusta, Dec. 1, 1855. dec-2 CITY SHERIFF S SALE. ON the first Tuesday in FEBRUARY next, will be sold, at the Lower Market House, in the city of Augusta, within the legal hours of sale— -2 bbls. A inegar, 10 galls. Whisky, half bbl. Mo ! lasses, half do. Syrup; 1 do. containing Gin, half do. 1 , Peas, half do. dried Apples, half do. Fish, 1 do. On- ; ions, 1 do. Coffee, 1 do. Salt, V-u do. Potatoes, 6 : empty Barrels, 1 box Soda, 3 gross Matches, 6 Oys- . ter Dishes, 6 water Buckets, 1 Coffee Can, 1 lot of ; Jugs and Jars, ‘2 Wheel-barrows, 7 Looking-glass ' os,Too bottles Whisky, 12 Lamps, 1 Tin Can, part j bbl. Beef, 4 Brooms, ‘ 1 Tub, 1 set of Measures, 1 • Aceordeon, 1 lot of Sundries, consisting of Gloves, j ; Jewelry, Combs, Ac., 2 Tea Canisters, 51 glass Jars j and contents, 1 box Fancy Soap, 3 half boxes To bacco, 1 Tobacco Cutter, 1 box Pepper, 1 box Soap, 1 lot Crockery, 28 Glass Mugs. 1 lot Cut Tobacco, 5 boxes Segai's, 0 bottles Snuff] 36 pounds Ground Coffee, ss bundles Tea, 1 lot Tacks, Soap and Ink, a boxes Yeast Powders, 37 Decanters, 1 Clock, 6 Segar Mugs, 6 Waiters, Is Frames and Pictures, 2 large Looking Glasses, 12 Kegs, 1 fee Chest, 8 Demijohns, 4 Pewter Pitchers, 1 set Tin Measures, 1 Stove and Pipe, 1 Beer Pump, 3 pair Scales, 1 keg Port Wine, 1 barrel Peach Brandy, 1 do. Whis dy, 12 Hams, 1 tierce Rice, and one lot sundries ; ! levied bn as the property of Thomas L, Williams, | to satisfy sundry fi. fas. from the Court, of Common 1 Pleas ot* the City of Augusta, in favor of Wood, j Bradley A Co. anil others, vs. Thomas L. Williams, j —ALSO — At the same time and place, will be sold : Two j boxes Segars, 1 Picture and Frame, 5 Waiters, 1 Bagatelle Table and fixtures, 1 Chess Board, 1 lot empty Bottles, 2}.J dozen bottles Porter and Ale, S jugs Liquor, 10 bottles Wine and Ouriso, 4 Chairs, i i lot choice Liquors, 4 bottles Schnapps, 1 lot of Claret, in bottles, 1 box Matches, 1 kegs Gin and Brandy, and one barrel Holland Gin; levied on as . the property of George Borchers, to satisfy a dis ! tress warrant- for rent, in favor of 1. P. Girardey vs. George Borchers. —also— At the same time and place, will be sold: Three barrels Red Paint, 5 Tin Cans, Glass Jars, 1 box Soap, and 4 Tin Dippers; levied on as the property i of Edward Baker, to satisfy two fi. fas. issued from ; the Court of Common Pleas of the City of Augusta, ! in favor of Haviland, Risley A Co., vs. Edward i Baker, D. B. Plumb A Co. vs. the same. | jan WILLIAM V. K ER, Sheriff C. A. CITY SHERIFF’S SALE. ON the first Tuesday in FEBRUARY next, will be sold, at the Lower Market House, in the : City of Augusta, within the legal hours of sale, . the following property, to wit: All that lot or parcel of LAND, situate, lying and being in the City of Augusta, and bounded North by a lot of Beniamin F. 'Chew, South by Fenwick street, on the East by a lot of John Conlan, and 1 West by a vacant lot. To be sold by virtue of an order from the Honorable the Court of Common i Pleas of said city, in an attachment case, carried ; 1 io judgment, wherein Michael Green is plaintiff, : and Charles Shaw is defendant. Also, at the same time and place, will be sold, i all that lot or parcel of LAND, situate in the City : of Augusta, with the improvements thereon, front ing on Marburv street, and bounded on the West by said Marburv street, and on the North, South and East by vacant lots, being neat the Augusta Factory, and occupied by the defendant, Thomas ; Leckie. Also, all that lot or parcel of LAND, situate in said City, fronting 4 > feet, more or less, on Fen wick street, and running back 160 feet, and i bounded North by Fenwick street, South by , i East by C. At toes lot, and West by the American Foundry lot. Levied on as the property of Thomas Leckie io satisfy a Ii fa. issued from the Court of Common Pleas of the City of Augusta, in favor of Thomas Dwyer, Executor, Ac., vs. Thomas Leckie. ! jam! WM. V. KICB, Sheriff C. A. 101 NEGROES FOR SALE. ON the first Tuesday in FEBRUARY next, 1 will sell one hundred and one NEGROES at public outcry, before the Court House door in El • berton, Elbert countv, Georgia, consist ing of men, women, boys and girls—as likely a lot as can be toitud in any count! y, not nit re than ten of them being over 35 years ot age. They are the property of Win. S. Burch deceased, and sold according to his will. I take this method t f answering numer ous inquiries that have been made of me, as to whether the sale will actually take place according to my advertisement, begun several weeks ago in the Chronicle A Sentinel. It was in contemplation 1 by some of the parties interested, to institute pro ceedings to stop the sale, for the purpose of having the property divided in kind, but all difficulties are , now removed, and the sale will positivelv take place. Remember the day- first TUESDAY in FEB RUARY, 1856. The sale will continue from day to dav, until all is sold. Tr.ir.ts Credit until the 25th of December next, with approved security. JOHN C. BURCH, Executor. jan‘2s dfaetd SIGN OF THE SKELETON WAGON. SOUTHERN CARRIAGE REPOSITORY. i’S’tll E subscriber begs leave to intdnn the Mer- M. chants and Planters, that lie has opened a Repository for the sale of CARRIAGES, BUG GIES, HARNESS, Ac., at X>. 26 Jieehman-Hreet, running through to Is Spruce-street entrance on either street. The main floor. 1 185 feet in length,} affords am ple room for keeping always on hand, a large and complete assortment of every description and va riety, ae per chart, herewith. Having learned the trade in the Factory of his father, he is practically familiar with every"depart ment in the business, and is therefore enabled to oversee orders for any kind of work entrusted to him, and superintend every stage of irs manufac ture. His long residence in the South and West, and intimate knowledge of every section, ami his exge- ! riettce while with Messrs. Baldwin A Starr, and Messrs. Frothingham, Newell A Co., gives him ■ many advantages in the s. lections required for the j different parts of tin country. Also, an acquaint- i ance with the character of Work, Draft, Track, ’ Height of Wheels, quality and size of Springs and j Axles necessary for the particular localities. Particular attentionpaid to special orders, either i through merchants or to the subscriber direct, and j all prices guarranteed to be as low as the work can i possibly be furnished, and which will be equal, in 1 every respect, to that of the very best and oldest i city or country establishments. 26 Bechmart-street is within a few doors of the Park, on the southeast side, across from the Astor House, and in a line from Park Place, Murray, Warren and Chamber-sts., near the Brick Church. Lovejov’s and Clinton Hotels. Having convenient, office accommodations, and !• papers from the Southern Cities and Towns, he trusts that ho may have the pleasure of a call ; from his friends, and from those who will do him the favor to examine his assortment, and being the only establishment adapted to the Southern Trade, in the lower part of the city, he respectfully solicits i a share of patronage. He begs to refer those unacquainted with him, to any of the Jobbing House- in New York Citv, en gaged in the Southern or Western Trade. I ' Great care will be taken in packing and engaging Freight, Insurance, Ac. A discount allowed to the trade. Respectfully, vour obedient servant, wm. l. McDonald. X. B.—Wm. L, McDonald takes pleasure in re ; ferring to the Merchants of this place. New York-, January, 1856. d&c-4 jan 2i» E|R eserveyoijr BOOTS & SHOI —“One ounce of Prevention is worth two j pounds of cure.” The Lkatheb Pheservative, is just the article now needed, to preserve Boots, Shoes, and Ilar ! ness Leather, during the present inclement season. The price is onlv 15 cents a Box,, which, no doubt, will be worth dollars, to all who use it according to directions furnished. For sale bv WM. HAINES, jan 13 Druggist A Apothecary, Augusta, Ga. SALT. sacks Liveiq 1 SALE 1 Cv now landing, and for sale bv dec!6 HAND. WILCOX A CO. IRISH POTATOES. 50 bbls. Irish PnTA . TOES, for sale low, to close consignment, jan! 6 TIIOS. P. STOVALL A CO. CNRANITEVILLE SHIRTINGS.- 25 bales H of these Goods, for sale bv jaim HAND, WILCOX A CO. HARPERS’ Magazine for February, leaves cut, for sale bv jano2 THUS. RICHARDS A SON. d* K BUSHELS heavy Bl’k SEED OATS, , f* vv for sale by F. l\ FINCHLEY, r Xnl7 No. 7, Warren Block. Refined sugar. 100 bbls. Yellow Refined SUGAR ; r 100 “ Stuart’s A B and C SUGAR ; 1 ] 25 “ Crushed and Powdered SUGAR, i For sale low. bv 1 jan 15 HAND, WILCOX A CO. lotteries. GREENE ANI) PULASKI MONUMENT LOTTERIES. Managed, drawn,and Prizes paid by the well known and responsible firm of GREGORY & MAURY. ! ■ CLASS 27, at Savannah, on Thursday, Jan. 31st. j SPLENDID SCHEME. ' $8,000! ! #2,900; #1,400; #1,053; 4of #SOO, Ac. Tickets #2— Shares in proportion. Risk on a package of 25 i quarters #4.&s. JOHN A. MILLEN, Agent, i On Jackson street, near the Globe Hotel. All orders from the city or country strictly con fidential. * jan29 30,000 DOLLARS ! i IMPROVED HAVANA I'LAN LOTTERY. '\ THE FAVORITE ! | PORT GAINES ACADEMY LOTTERY.! . [By Authority of the State of Georgia.] CLASS 12, To be drawn in the city of Atlanta, Georgia, on 1 j Monday, the 25th of FEBRUARY , 1856, when Prizes amounting to $30,000 Will be distributed according to the following ! Unsurpassable Scheme: SCHEME. CAPITAL PRIZE SIO,OOO. 100 PRIZES—2O APPROXIMATIONS. No Small Prizes ! Prizes Worth Having ! ! PRICE OF TICKETS : Wholes #5; Halves #2.50; Quarters #1.25. Prizes in this Lottery are paid thirty days after the drawing, in bills of specie-paying Banks, with out deduction, only on presentation oj the Ticket en- j titled to the Prize. Bills on all solvent Banks taken at par. All com- 1 munications strictly confidential. SAMUEL S\V r AN, Agent and Manager, j jan24 Atlanta, Georgia. ROYAL LOTTERY OF THE ISLAND OF CUBA, HA VANA. Ordinary Drawing of the 12th FEBRUARY, 1856 : i 1 Prize of #60,000 11 Prizes 0f..... #I,OOO j 1 “ 20,000 20 “ 500 | 1 “ 16,000 60 “ 400 i 1 “ 8,000 161 “ 200 [3 “ 2,000 16 Approximation 4,800 275 Prizes, amounting to #192,000 Whole Tickets $10; Halves $5 ; Quarters $2.50. Persons desiring Tickets can be supplied by ad l dressing JOHN E. NELSON, Box 130! ! janl'J Charleston, S. C. GOLD ! G OLD ! GOLD! 1200 PRIZES ! 50,000 DOLLARS ! I HAVANA PLAN LOTTERY! I -JASPER COUNTY ACADEMY LOTTERY. 1 j [by AUTHORITY OF THE STATE OF GEORGIA, j ! 10,000 Numbers Only! One Prize to Eight Tickets. ; f|V> lie drawn at Concert Hall, Macon, Ga., un- ; B. der the sworn superintendence of Col. Geo. I M. Logan and J. A. Nesbit, Esq. This Lottery is Drawn on the plan of the Royal : Lottery of Havana, of single numbers. CLASS J. TO BE DRAWN FEBRUARY 15th, 1856. The Manager having announced his determiua ! tion io make this the most popular Lottery in the , world, offers for February Lull, a Scheme that far surpasses any Scheme ever offered in the annals of Lotteries. Look to vour interest! Examine the i Capitals. ■ ONE PRIZE TO EIGHT TICKETS! 3E-T CAPITAL 12,000 DOLLARS. 1 Prize of $12,000 1 “ 5,000 1 " 4,000 ; i 1 “ 3,000 1 “ 2,500 ; 5 Prizes of SI,OOO are 5,000 10 “ 500 are 5,000 60 “ 50 are 3,000 j 120 “ 25 are 3,000 500 Approximation Prizes of 10 are 5,000 ! 50(.) “ “ 5 are 2,500 1200 Prizes, amounting to $50,000 Tickets $8 ; Halves $4; Quarters $2. Prizes Payable without deduction! Persons send : ing money by mail need not fear its being lost. | Orders punctually attended to. Communications ■ confidential. Bank Notes of sound Banks taken at i par. Those wishing particular Numbers should \ order immediateh. Address ' JAMES F. WINTER, jan!7 Manager, Macon, tin. $60,000! \ IMPROVED HAVANA PLAY LOTTERY! THE BEST SCHEME EVER OFFERED. Southern Military Academy Lottery ! i BY ACittOßtTl OF THE STATE (IF ALABAMA.] CLASS Z, to lu- drawn in Montgomery, Alabama, on TUESDAY, February 11th, 1856, when Prizes amounting to $60,000, Will be distributed according to the following ! Unsurpassable Sc,'u rn,: 1,000 PRIZES! 10,01)0 NUMBERS!! ONE PRIZE TO EVERY TEX TICKETS. SCHEME: | CAPITAL PRIZE $20,000! j 1,00" Prizes! 800 Approximation Prizes! A PPROXIM AT TON PRIZES, j The patrons of this Lottery having evinced a ; preference for Schemes with Approximation Prizes, j I have again introduced them, with the difference, that there are a great many more Prizes than for- I meri t. price of tickets: W holes #lO ; Halves #5 ; Quarters $2.50. ■ Prizes in this Lottery are paid thirty days after ' the drawing, in bills of specie-paying Rank's, vvith } out deduction —only on nwntution' of He Ticket j (inuring the Prize. . IN' Hills of all solvent Banks taken at par. All communications strictly confidential. SAM’L. SWAN, Agent and Manager, ianlO Montgomery, Alabama. JUST RECEIVED, WarpFLANNELS; i 4™ Saxony do ; Welch'; do ; Real Welch do; Union do ; Low priced and super lied FLANNELS ; Ureen and Red Twilled do; Salsbury Flannels, assorted colored for Sacks; [ English and domestic Canton FLANNELS. npvtS J. P. SETZE. JUST RECEIVED, A NEW supply of Rich Cassimeres and Mus ! il. lin DeLAIXES ■ Real French MERINOES : | Plain and Figured blai k SILKS; French and Scotch GINGHAMS, fancy col’d ; Lutes styles French, English and Domestic PRINTS ; i Alexander’s and other quality Kid GLOVES; I r.adies' CORSETS ; j Velvet and Galoot) TRIMM INGS ; Moire Antique and Cloth CLOAKS. novl3 J. P. SETZE. PRESERVES, I-rCKLES, &c.-- . to doz. assorted PRESERVES; to “ Brandy PEACHES and CHERRIES; 20 “ assorted PICKLES; 10 “ Tomato CATSUP; 10 “ Fresh Cove OYSTERS, tin cans ; 2 “ Prepared HORSE RADISH. Just re ceived by jan!9_ DAWSON & SKINNER. NEW FAMILY GROCERY. olfed | UHLS. POTATOES, just received, on consignment; warranted to keep til! planting time. Apply to T. GANNON, Opposite the Georgia Railroad Passenger Depot i dec ~ 22 ~ ts ‘ FALL AND WINTER GOODS BHOO3I At NORRELL are iti receipt of, and have opened, a large portion of their FALL and \\ INTER purchases, and are now' pre pared to exhibit to their friends and the public, a handsome and varied assortment of STAPLE and FANCY DRY GOODS, embracing almost every ar ' tide usually kept in a Dry Goods Store. Their Goods will be ottered at very low prices, and their prices will compare favorably with the lowest and cheapest. Their stock of'DOMESTICS, KER SEYS, BLANKETS, and House Servants GOODS, is very toll; to all which thev would call atten tion, and respectfully solicit a share of public pat ronage. jaHlB JOSEPH CARSON & CO., SUCCESSORS to Thomas J. Carson A Ca iTw Light street, Baltimore, YVESTERN PRODUCE ’ AND GENERAL COMMISSION MERCHANTS and dealers in Bacon, Pork, Lard Ac. Orders respectfully solicited. janlS Auction Bales, I BY GIRARDEY, WHYTE & CO. j This day, THURS DAY'* *at 11% o’clock, will be sola— i A P en eral assortment of Groceries, Provisions, I Dty Goods, Segars, Liquors, Wines, Ready-made I Clothing. Terms Cash. BY GIRARDEY, WHYTE & Cft g This dav, THURSDAY', in front of Store, at 10y o’clock, will be sold, for and on account of the Underwriters and all concerned— Four Crates Crockery, consisting, in part, of 7 doz. C. C. Hooted Ewen and Basin, 2-4, 5.5 3 •• (‘ “ “ “ 3-9. lb “ “ Fancy Teas, fancy pted, % Sets, lb “ “ French Plates, % Soup Blue Edges. 6 “ « Twi filers. 24 “ “ Dishes 6-9, 6-10, 6-12, 6 24. I 13 “ Nappins, 6-10, 6-12. j 13 “ “ Sets London Tea plates. 12 “ “ O. C. Nappin, 6-10, 6-12. j 9 “ “ Tea Pots. ■ 9 “ “ Sugar do. | 9 “ “ Cream. 5 “ “ Bowls, 1-12, 1-24, 1-31. j 5 " “ Dist. Jugs, 2-6, 1-12. i 2 “ “ C. C. Chambers, 2-6. j gp “ “ Bowls, Plates, Ac., Ac. Terms cash BY S. C. GRENVILLE & CO. Will be sold, FRIDAY' Ist, in front of Store at 10V 2 ' o'clock— Our usual assortment of Groceries, Liquors, Dr) Goods, New and Second Hand Furniture, Ac., con stating, in part, of Sugar, Coffee, Lard, Tea, Soap. Candles, Watches, Mustard, Pepper, Onions, *\ in egar, Pickles, Bacon, Tobacco, Segars, Brandy, Champagne, Cider. Clothing, Chairs, Tables, Sofa Bureau. Washstands, Basin and Pitcher, Mirror Bedsteads, Crockery Ware, Ac., Ac. Terms cash! jan3o BY GIRARDEY, WHYTE & CO. SATURDAY", February 2d, at the United States Hotel Arcade, at 11 o’clock A. M., will be sold, 10 Shares Augusta Manufacturing Co.’s Stock. Terms cash. N. B.—Persons having unlimited stocks for sale, and wishing to sell, must report them at our office previous to 11 o’clock. jan27 BY GIRARDEY, WHYTE & CO. ——■ —*** Arcade Sales. SATURDAY, February 2nd., at 11 o’clock, A. M., j precisely, will be sold, at the United States Ho : tel Arcade— { 5 shares Steamboat Stock ; 5 shares Summerville Plank Road Stock. —also — I 5S shares Georgia Railroad and Ranking Com • pony’s Stock. Terms cash. jan27 BY GIRARDEY, WHYTE & CO. SATURDAY, February 2nd., at the United States Hotel Arcade, at 12 o’clock, M., will be sold— -1 74 shares Augusta Gas Company’s Stock. Terms cash. * jan27 BY GIRAEDEY, WHYTE & CO. Valuable and desirable Sand Hill Property. SATURDAY February 2nd., at the United State* Hotel Arcade, at 12 o’clock, SI., will be sold— That desirable property, known as Dr. Kitchen’s lot, containing about seven acres, more or less, near the Plank Road, and adjoining the residence of the late Mrs. Carmichael. The lot is enclosed under a good fence, has a kitchen upon it, with six rooms, which can be suitably turned into a dwelling. A plat of the properly will be exhibited at Messrs (i., W. A Co.’s office. Conditions- One-third cash—the balance 1, 2 and 3 years, with interest from date, property se cured. Purchaser to pay for titles. Titles indis putable. jan27 BY GIRARDEY, WHYTE & CO. — A House and Lot on Fenwick street, for sale — On the first Tuesday in FEBRUARY next, will be sold, at the Lower Market House, That House and Lot fronting 4n feet on Fenwick street, and extending back 17t> feet more or less. It is located immediately opposite tlie South Car olina Railroad depot, and would make a desira ble stand for business. The bouse has four rooms, Kitchen, Smoke House, Ac. (4'.motions :— One-half cash, balance six and twelve months, with interest from date, properly secured. Purchaser to pay for papers, lilies in disputable. BY GIRARDEY, WHYTE & CO. Will be sold, at the hover Market House, within the usual hours of sale, by or,ter of the Honora ble Court of Ordinary, A negro man, JOE; about .>5 years old a ('a; penter. Sold for the benefit ot the heirs and cred itora of Martin Frederick, deceased, late of this city. Terms cash. MOW'D. GIRARDEY, jan‘27 Adm’r. BY GIRARDEY, WHYTE & CO. •♦e Ado, 'n,'Orators Sale. Will he sold on the first Tuesday in M ARCH next, at the Lower Market House, in the city of Augusta, between the usual hours of sale, in ar cordance with an order obtained from the Ordina ry of Richmond county, all the right and interest of David Calvin, deceased, in that lot or parcel of Land and improvements, i.on which there is a brick Blacksmith shop and Work Shops in the city of Augusta, on Jones street, having a front of one hundred feet, more or less on said street, and run ning back towards Broad-st., to the dividing fence, So feet, more or less, adjoining on the east lot of Mrs. Cary ; on the south by a portion of the same lot, owned by the said David Calvin's estate and Henry Calvin's lot, and on the west by the lot of the estate of W. AY. Montgomery, deceased, and bounded on the north by the said Jones street. Sold for the benefit of the heirs and creditors of the said David Calvin, deceased. Terms cash. Purchaser to pav for papers. jan27 ' RENBY CALVIN, Adm’r. BY GIRARDEY, WHYTE & CG. Postponed Feecutrir Sale. On tho first Tuesday in FEBRUARY next, will be sold, at the Lower Market, within tho usual hours of sale— That desirable Summer Residence and Farm, about 4}..< miles from the city, and near the S. \Y. l’lankroad, containing about 270 acres, more or less. Ii will be ottered in lots to suit purchasers. —also — Four Likelv Negroes—Rosanna, Sarah, Rachel and Amelia. —also— r> Shares of Capital Stock of the Bank of Augusta. “ " Summerville Plankroad. : 10 ‘ “ “ Southwestern “ on which has been paid five instalments of SIOO each. Sold as the property of the late Robert F I’oe, deceased, for the benefit of the heirs and cred itors. A plat of Real Estate can be seen i n appli cation to Messrs. Girardey, Whyte & Co. janlt) td ELIZA P. POE, Executrix. TO HIRE, A NEGRO MAN, well suited for sedentary - labor. He is weak in one leg, but able-bodied in other respects. Terms low. Apply at this of fice- ts ‘ jan26 TO HIRE, A WOMAN, who is a superior Cook. As she has two young children who must be taken with her, terms will be low. A place it), the coun i try preferred. Apply at this office. if janiij NOTICE. " ~ PLANTERS’ HOTEL.—From the first of February, Day Board will be TWENTY DOLLARS $20,001 per month. Lodging Boarders—terms made aeccptableagree able to rooms required. i _jan2s JOHN BRIDGES. CLAIBORNE SNEAD, 41 TORN E Y AT LA AY. Office, Law ' Kaa g e > Augusta, Ga. fim* jan24 MEDICAL CARD. DR. JOSEPH H ATTON, having resum ed the practice of Medicine and Surgerv, of fers his services to the citizens of Augusta and vi cinity. Residence at R. P. Spelman’s Greene st. rnar22 lv THE SHAVING SOAP. YROOM A FOWLER’S \M r ALNLT OIL MILITARY SHAVING ¥ ¥ taOAP is admitted by the thousands who have used it during, the past twelve years, to sur pass anything ever introduced into this branch of the toilet, and to render agreeable an operation usually considered a nogt-;. The form is conveni ent, it is agreeably perfumed, and will produce a copious and permanent lather with either hard or cold water, leaves the skin smooth and unchapped. None genuine without the signature, in sac simile, ot X room A Fowler. Try it. For sale in this city, by BARRETT A CARTER and \\ . H. TLTT. in New A ork, by the principal '• fancy goods houses and Druggists. Manufactured only by JOHN B. VROOM, suc cessor to Vroom A Fowfer, 72 Cherry street, New A ork. 8m janle