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— -V" L • • - !* I THE GEORGIA TELEGRAPH. For tbe Georgia Telegraph. Crastltatlonalfty of the Slave Tr.tdc PROHIBITION. There has always been a class of political writei who hare deemed it their mission to enlighten mankind by exposing what they regard the enors • of their predecessors. Like the witches in Macbeth, they gather around the political cauldron, throw in a handful of bitter herbs, nnd retire with the ex clamation : ^ ••Fair ia foul and foul is fair. Hover through the fog and filthy air.” To the South, the "Constitution” is “a league formed with death”—its framers her worst ene mies—and laws passed by Congress in pursuance of this instrument, "Algerine laws,” and “worthy of none but barbarians.” Thus they bluster and prate about Southern wrongs and Southern op pressions and Southern ‘Leagues,’ singing to them selves, “Oh! South, shall it e'er be mine. To wreck thy woes in battle line— To lift my victor head and see Thy hills, thy dales, thy people free? Accordingly, just at tW» moment, all through the South, the Walkers and Yanceys, with a team of anonymous newspaper scribblers at their heels, arc proclaiming to the Southern people that they are quite a number of important rights for tbe purpose or vesting it with the adequate powers, but that the Constitution contains a grant of power to any Convention that may assemble under it to make amendments to that instrument, so to amend it as to give Congress the power to abolish itself, i* * proposition to which I cannot subscribe. er astounding this doctrine may appear. •* '* 0< *' vnneed apparently with entire confidence of its correctness by Hampden. Let u* see if this new tenet is founded in truth, or i* the mere vagary of a heated imagination. I"* 10 5t ** -^ rt * *^ e Constitution provides "‘hat Congress, whenever two-thirds of both H« 03e9 sha11 <loem 5t necessary, shall propose amendments to the Constitution, or on jhc application of two-thirds of the several States, shall call a Convention for the purpose of proposing amendments, which in either case shall M valid to all intents and purposes as parts of this Constitution when ratified by the Legislatures ot three-fourths of the States, or by Conventions in threo-fourths thereof, as the one or the other mode of ratification may be preferred by the Congress.” This article, it will be seen, confers upon Congress the power simply of proposing amendments, but expressly declares that they are not to be valid or binding until ratified by the Legislatures of three- fourths of the States. It is clear, then, that the Constitution cannot be amended so as to abolish slavery, except by tbe concurrence of three-fourths incurably wronged by the "Slave Trade Prohibi y on « t | m t they are bruised and trampled under I of the States. Tbe act of abolishing slavery then, foot by a lion’s paws, and the sickle must be beat I is to be performed, if performed at all, not by C'on- into the dagger, and the corn now almost rlpo for I gross, but by throe-fourths of the States acting the harvest must be trampled down unreaped all ' ’ - r n over our Southern plains, to gratify their envy, vanity and ambition! Small men who could not climb, and talented men too indolent to work, be- through their State Legistures, or in Conventions composed of delegates elected directly by the peo ple. It was in this mode that the Constitution was originally adopted. The power of Congress over places of distinction would not drop like ripe I this subject of amendments to the Constitution'^ apples at their feet, are seeking under the plausi ble pretext of protection to Southern righto, to make the South a sad and sorrowing household.— We honor—we love devotion to the “sunny South” when her rights are truly invaded or her liberties really threatened, but wo protest against the at tempt now being made on tho part of idle barris ters :nustachoe<fhnd gloved politicians, to produce fearful agitation at the South on a purely sectional question for no better purpose than to soothe tbe dy ing hours of a few political malcontents! We warn tho Yanceys and Walkers of the South in advance, that wc regard the Federal Constitution as a mon ument of human wisdom and patriotism—that wc shall not dash it rudely down with the sword-hilt or the pike-handle; and that if a quarrel must come with our Northern brethren on the slavery question, tec, ihe people of the South, will have the forging of the anchors and the casting of the can' non*, and tho selection of our military leaders, and although it will be a bitter draught to swallow, we will fight our Northern brethren in the. Union our father's framed, and not out of it! The dreadful crime of a dissolution of this Union shall be theirs, for ice arc not wiiiing that the recollection of it shall disturb our nightly slumbers, or the reveries of our waking moments. The South desires to live in peace and brotherhood with the North—to pre servo inviolate the Constitution, as the only sare and permanent bond of union, and if tills bond is ever broken, that great, bad deed must be done by the North. The South will never be tbe first to unfurl the standard of opposition to it, but if need be, we will moisten the soil with our blood to pro tect and defend the Union of the Constitution against lawless violence from any quarter. At the same time wc avow a fixed and unalterable deter, mination to maintain and preserve at all hazards, and to tho fullest extent, the rights reserved by the Constitution to the States and the people, and to resist by force, if necessary, any clear and pal pable infraction of those rights. In our judgment, the true position of tbe South is to abide in good faith by tho Constitution and all of its compromises, with a firm determination, on ourpnrt, not to yield any of the rights guaranteed to us in that instrument. This is the position of honor, patriotism, strength and safety. Occupying this impregnable position, we can secure a united South, and thus be able at all times to beat back tho billows of Northern aggression as they dash against our Southern At lantic coast; and preserve unimpaired tne const! tutiuu of our country, and the Union which it has so beneficently given ns. I have been led to these reflections by tbe movement set on foot recently in Alabama, by Mr. Yancey and others, having for its alleged object, the repeal of the "Slave Trade Prohibition.” Simultaneously with this movement, Mr. Yancey has recently organized in Hontgomo ry, an Association under tbe name and style of the "Montgomery League of united Southerners,” being a purely sectional organization. On the evening of the 21st inst., in pursuance of previous notice, tho “Leaguers” held a meeting, the pro ceedings of which are published at length in the "Montgomery Mail” of July 2Sd. A Constitution was adopted—officers elected, and the Association addressed by Mr. Yancey. The preamble to the Constitution recites, "Believing that the South is in need of some efficient and organized mode of con centrating public opinion upon public men and measures, and of influencing and guiding political parties with a view to the advancement and protec tion ofher constitutional rights—and that the want of tliis has enabled all political parties to sacrifice those rights to their own necessities.” In his speech on that occasion, Mr. Yancey declares it to be the great design of the “ League ’’ to create a “public opinion that shall force ail parties to a strict observance of our Constitutional guarantees, by holding ihe Constitutional rights of the South to be paramount to tho political necessities of na tional Administrations or national parties.” The second paragraph of the preamble to the Consti tution declares “that it is the duty of the South to use all proper means to maintain her rights within the Union.” With a view to being justified before the world in returning the posters bhe has delegated to the General Government, in the event she fails to obtain justice in tho Union, “we organize our selves under tho following Constitution,” &c.— What miserable dap trap! The national demo cratic party has sacrificed the interests of the South “to its own necessities”—tho national demo cratic Administration has done the same thing— Toombs and Stephens and Clay have been recreant to their trust—all have rinsed and gone out of the way—ergo, the South must organize a new and pure party—pledged to “secure justice to the South or resume tho powers she has conferred up on the General Government,” and place Mr. Yancey atjtsheadl This new party to be known by the name of “League of united Southerners,” to have a written Constitution, officers, stated meetings,” Ac. Knowing Mr. Yancey to be an avowed dig unionist for existing causes, and that he has recent jy and repeatedly so declared himself, who can faii to see in this new movement, an artful effort to or ganize and put in tangible form all the existing el ements of opposition to the Government—to tbe national democratic party, and its chosen Chief, Mr. Buchanan T These elements of power, too, are all to be wielded under Mr. Yancey’s leadership for,the specious purpose of doing what all our na tional administrations and parties have failed to do —vizto secure justice to the South in the Union. And if he fails, what then ? Why, forthwith to “resume the powers conferred by the South on the General Government!” Wbat a grand scheme of disunion is hero dimly shadowed forth! It is the first fruits of tbe tree planted in Southern soil, by the great opponent of “the Slave Trade Prohibi lion.” This prohibition is tbe damning act of wrong and injustice to the South, according to Mr. Yancey, and to secure its repeal the natioual dem ocratic party must be put down—its tried leaders disgraced and driven from power—and the whole South agitated and convulsed from one extremity to the other. What stupendous folly and crime I Wo entreat Mr. Yancey to pause before ho involves tho South in revolution and bloodshed, and tarnish es forerir his own bright fame. Wo will now resume the consideration of our -nlyt.•land briefly discuss the last proposition laid down by Hampden, viz: “that the Constitution may bo so amended os to give Congress power to abolish slavory itself.” It is undeniable that the people have ceded to tho Federal Government expressly restricted by the very terms of the 5th Art. to proposing amendments—and there is no other clause that contains a word upon the subject. If the power conferred by this article upon the State Legislatures or Conventions of ratifying a mendments to the Constitution were taken from them and given to Congress, would that not be a subversion of that instrument rather than an a mendment? It has never beon contended, I be' iievc, that the parties to any written instrument might destroy it by on amendment. Under this clause of tho Constitution, (the 5th Art.) amend ments to the Constitution were proposed by the Congress of I78S, to the Legislatures of the sever al States. The following is the resolution adopted by Congress, from which it will be seen that Con- gross exercised only the power conferred by this article: “Resolved, by the Senate nnd House of Repre sentatives of the United States in Congress assem bled, two-third* of both Houses concurring, that the following articles be proposed to the Legisla tures of the several States as amendments to the Constitution of the United States, all or any of which articles, when ratified bwAircc-fotirihsoftlic said Legislatures, to be valid toall intents and pur poses as a part of the said Constitution.” Then follow the proposed amendments, which were submitted to the several State Legislatures l and ratified in the manner required, and thus be came a part of the present Constitution. See Elli ott's debates on the F. Const., p. S75, rol. 1st. What is there then in the 5th Art. of the Con stitution that should cause any Southern patriot “to tremble as be reads it ?” Does Hampden real ly think tiiat he can persuade the Southern peo ple into the belief that there is any real danger that the Constitution can or will be so amended as to abolish slavery itself, when by its terms it re quires three-fourths of the States to concur in such an amendment? There are now fifteen slave States and only seventeen non-slaveholding States. When will the disproportion between the two be so great as to enable the free States to control the Legislatures of threo-fourtlis of the States ? Never until three-fourths of the States become free States, an event not likely to happen. At farthest, out of the Territory now belonging to the U. States, the North cannot get more than three more new States; and if the South is wise, she w ill oppose any future acquisition of territory on the par t o! tho Oei»„ral Government—since if flcauixed—ih*- dominant majority would*," it is* probable, make it “free soil.” It is not likely that slavery will ever be abolished in the States, where it now exist-, and if in any of them, not more than two or three, m. that it results from this examination of the suhji cl that the slave States have really nothing 10 fear from any amendment which may be made to the Constitution. Ilut if the free States should (which is barely pos sible,) ever obtain a two-tl.irJs majority in the Union, nnd in the madness of political fanaticism, so alter the Constitution as to abolish slavery the States by the concurrence of three-fourths of the legislatures thereof, would that alteration bo binding on the other fourth not consenting there to? 1 hold that it would not, because it would be an utter subversion, and not an amendment of the original compact, which would justify the minority in the exertion of that original right of self-defence, which is paramount to all political forms of Gov ernment. I hare thus endeavored to demonstrate— let That by tha EtU Art. of llw Constitution the power of Congress over the subject of amend merits to the Constitution is restricted by the terms of that Article to tbe mere formal right of propo sing amendments to that instrument. 2d. That in 1789, in pursuance of this formal right, Congress proposed amendments to the Con stitution to the several State Legislatures, and they were ratified by three-fourths thereof, snd thus be came a part of the Constitution, ad. That from the relative strength of the slave aud non-siavcholding States in the Union, the con Letter from W. Dougherty, Esq. The following was accidentally detaiued from our hands until last week’s edition was nil worked off. Mr. Dougherty does us no more than justice, in assuming that our purpose was merely to state facts, and that we would not willingly misrepresent or place him in a false position. We publish bis letter with cheerfulness: Macon, July 23d, 1858. Editor of Georgia Telegraph : Dear Sir :—My attention has been called to an Editorial in your paper of the 20th Inst., purporting to give an account of n “scene” before the Supreme Court on Saturday last. The publication was made, doubtless, on the imformation of others ; as you were not, it is believed, in tbe court room at the time. Your informant is greatly at fault, both in misstating that part of the occurrence which he proposes to set forth, and in omiting to state other parts, necessary to a proper understan ding of that which he does state. It is said that one of the grounds of objcctiou to Judge Benuing’s presiding was “that he had made pledges in MilledgeviUe while his election was pending, that he would not preside in these Bank Cases." That is not the statement which was made—but it was. that Judge Benniug bad pledged himself before bis election, not to preside in any of these Bank cases, in which, he had been employed as Counsel. That is pre cisely what was said. If Judge Benning un derstood the statement as did your informant, he certainly became indignant at what did not occur; and contradicted that which was not stated. Your information is, that this contradiction was followed by an “angry conversation be tween Judge Benning aud myself. But your informant does not give any part of that con versation. It is entirely omitted—whether intentionally or not, I cannot say ; but it cer tainly should have been given. For, if what was said by Judge Benning in that Conver sation, had been correctly stated, it would shew that the charge as made, to wit: That he had pledged himself not to preside in any of these Bank cases in which he had been ein- A PROCLAMATION. By JOSErir E. BROWN, Governor of Georgia. XX THE REAS the Legislature of this State, on the V V •-•Mb day ofDecember, 1S3C, pars* <1 an acton titled “An Ac r more effeetnaliy to secure tbe solven cy of nil the banking institutions in this State,” the preamble of which act is in these words, ••'Whereas ihejenorcio'is amount of banking capital chartered by the Laws of the State,and her circulatin g currency be ing composed almost entirely ofthe bills ofher own hanks; and whereas,tho safety ard best interest of our eilizcDS require that thetiui condition a nd solvency of each bank or incorporate company exercising bank ing privileges, should beknou-u tothe community, so as to guard the gnat body of tit people freon receiving c depreciated or doubtful paper, end for remedy where of.” Tbe first and* second sections then direct how the returns of each incorporate bank in this State are to be made, and the penal-y for a failure to make such returns is prescribed in the third section, which is ia these words, “Should the president and directors of auy one or more of tho aforesaid banks, fail to com ply with tbe spirit and true meaning of this act.it shall be the duty of his Excellency the Governor, for tbe time being, to uotify the Treasurer of this State, and ihe president and directors of the Central Bank, of said delinquent bank or banks, v-here upon it shall not be lawful to rective tho bills of any such delinquent hank or banks, in payment of any debt due the State of (ieorgia, or Central Hank, until the President and Directors of such delinquent bank or banks, shall have made such returns as are required by this act.’ And the tourth section doclsres that, “It shall bo the duty of bis Excellency the Go» ernor, lor the time being, to publish the name or names of any bank or banks, wbicli may fail to comply with all the requisitions of this act, in all the newspapers printed in Milledgevide, as often as he may think ex uedieut for the public good.” And whereas, the second section ot an act asseu tid to tbe 22d day of December, 1843, entitled ‘An Act amendatory of the act providing for the publi cation of ihe Uauk Reports, is in ihtso wore, “The bills of ai:V Dank failing to publish its return as a. foresaid, within thirty days after making tho same, shall not be received ia payment of Tuxes, or at the Treasury rj the Mate. And whereas, tbe act approved 21st February, 18.'i0, entitled "An Act to change, poiut out and reg ulate the maimer in which the returns of tho seve ral banking institutions of this State shall hereafter be made.” euat-ts as follows, to-wit: Section 1st. "lie it enacted, '1 bat after tbe passage of this act. his Excellency ibe Governor of the State shall twice in each aud every year require, by pub lic advertisement for at leasttwo weeks, iu agazette priuted at ihe seat ot Government, each and eve ry hanking iustilunou in this Male to make a justand true turn under Ihe omits or affirmation of ita Presi dent aud Cashier, of Ibe state and condition of such bank or banking institution, with tbe names of its President aud Directors, and a list of its stockhol ders, ou ihe day of the regular weekly meeting of the President and Directors thereof, uext preceding the date of such requisition by the Governor; and it shall be tbeduiyuf each and orery bauk or banking in stitution w.thiu thirty day a after tbe data of such call uy tliu Goverimr,<i«« under tnepenalty noic prescribed by law fur a failure to make returns, to makeuiid ir ms- initio tbe Governor such return so required in lieu aud stead of the return heretofore required.” [Section 2 jd. **fn the respective returns required by ployed as Counsel; was substantially, if not! lb® prejeJing section, tue good, bad aud doubttul T J , , debts of said bank or banking ius itution, respective literally, true. In that conversation he ad- ; j yi 8 j m n so i forth as now required by law. uiittcd that objections were made to bis eiec- 1 :><i “Ws™ auv Ih.hk or haukimr i lion on account of his connexion as counsel with these Bank cases—That he determined not to preside in any case of any sort, in which ho bad been engaged as Counsel; and that he announced that determination, in Milledge- viile, before his election; and that his posi tion and course, in regard to these cases, if elected, was well known and understood- Does this amount to a pledge ? I thought at flic time, and still think, that it does. Judge Benning thinks that it does not. So tho dif ference between us is, not as to what trans- Sectiiii 3d. “When auy buna or banking institu tion aball make tiie return required by this act, tbe same shall be published by such corporation within the time, under the penalties, aim iu tiie manner pre scribed by existing laws, publishing tbe list of stock holders ouco a year only.’' Aud whereas, in October last, mostof the banks of this Mate, iu violation of their contracts with the people and iu violation of their charters, suspended specie payment, und relugrd.to comply with their solemn engagements to redeem their lulls iu specie on demand or presentation, thereby subjecting them selves. uuder existing laws, to judicial proceedings to beinoiituteu by order of tbe Governor, ou duo main in the retirement of plantation life. proof thereof, lo the eud that flieir charters might be .* ,. , , „ ,, , ueclaied as lorleited und annulled. e of this State, for the Aud wheiess, the iegialatur purpose ol relieving' tnose suspended banka which uao subjected themselves to the penalties of tbe act - ,of lo4u, irum tbe heavy penalties they had incurred, pired m Mtlledgeville, but as to wbat it should and from the foifcitureot tluir characitre.aud fertile be called—it is the name and not the substance, ' P“ r P«»« "* > cesi‘1 aii ur any ot the banks ot ihis fetate—as well tue upon which wc differ; and which aroused the ; specie paying a* the suspended—anti for the purpose indignation and called forth the contradic- e-mtuui.ig the law of oauk returns so as to require indignation am; cauea torin me contrauic uf bank officers tbe guaranty ofau oalh that tueae tion of Judge Benning, It will he perceived practices are'not indulged iu,pa-red un ait i nlhtjCJnd that for the purposes iu view, to wit: to show Judge Benning’s incompetency to preside, it was the same, whether it be a pledge, an agree ment, a promise or understanding; and if ei- uay ul December. Idol, entitled “An Act to provide against Ihe forfeiture of the several Uauk Charters iu this Mate on account of non specie paymeut for a given time, and for other purpose* therein named, the eighth, ninth, tenth and etnenth sections of w hich are iivered by the latter clause of its caption, being currence of three-fourths of the States never can be obtained to any amendment of tiie Constitution n- bolishing slavery itself, in the States where it now exists. 4th. That if it were possible to obtain such an amendment of tbe Constitution, that it would be incompatible and inconsistent with that instrument, and snefi an entire subversion of it, ns would a mount to a revolutionary act, and justify the ini nority States in appealing to arms to protect their peculiar domestic institutions. There is nothing in the Constitution, therefore, to authorize such an exercise of power as would be required to make an amendment to the Constitution, which would “give Congress power to abolish slavery itself.” Such a change as this, then, if made, (which \ have shown is utterly impossible,) could not rcsnlt from any defect in the frame-work of the Constitn tion, or any slip on the part of its framers, but would be a clear usurpation of power, outside of tho Constitution, and never contemplated by that instrument. The argument of Hampden, then, that Pinckney, Rutledge, Madison, Baldwin, aud other eminent statesmen from the South, who were mem here of the Federal Convention that framed the Constitution, were mere dotards, and ignorantly inserted in that instrument, a power, which, in the course of time, might possibly be wielded to the overthrow of the most important interest of their section of the Union, is thus shown to be altogcth. er groundless. Indeed, it may be truly eaid, that the South was represented iu that Convention bv men of tbe most distinguished talents and patriot ism, who performed tbe task assigned them in a manner unequalled by any of the legislators of the present day. And here my task for tho present ends. A Delegate to the Montgomery Convention. I The Gloucester News tells the story of n boy in one of the schools in that (own who is an inveterate rhymster. nnd who laughed one momiDg during prayers at the sight of a rat. Being asked why he laughed he replied : I saw a rat upon tbe stairs. Coming up to hear your prayers Being told that lie must immediately make another rhyme or be flogged, ho quickly an swered : Here I stand before Miss Blodgett: ilia’s going lo Mrike, aud I shall dodge it, and took his scat, the whole school being i i a roar of laughter. ,h cr . Judge Benning ought Milo pwide i„ any of that class of cases. I then proceeded t "asetion VIII. lit it father enacted. That no bant, to show and did so i think conclusively that i DOr b,t,lk a 6 enc y* b i ,Uel f ( rf “) officers or a gen's shall to snow, ana aia so i hiuik conclusively, unit | ei|ller direPll y or jndirtct.y loan inouey ou any note, by presiding in the case then before the court, ; bill, draft or contract of any sort, v, rbal or written, I,e ™.ld a. cfTeeraelly decide .bo«, ee.e. i„ ; which he had been employed as counsel* as if er or biiortertime; aud nil notes* bills, drafts aud he was to preside on their'trial; and thus do c<,mr “ c . t8 " f sor * whatever, on which a greater * . . . ; late oi interest is reaerveu or exacted and received indirectly, what he had pledged, promised or | or bargained for, are hereby declared to bo utterly agreed not to do. This being so, should he , fo l dnuiU,i iiofcttect. aud irrecoverabte uilaw ' ° b . "dctlion IX. And be tl further enactsl, That no IluVC presided ? I leave that question just 1 L+uU iH»r o*uk Hgcucy ahull, by ilnclf, its officer*, or where I did, when I closed my statement: for i discount or purchase notes, papers, or evi- , , , , . . , . I ilences ot debt, made l«r a valuable consideration, 1 he .Judge to determine tor himself, and the ' ur a good cousideratioc, between tho parties there- public to judge of tbe propriety of his course. ' to, at a greater discount than at the rate of seven ' per ceuiuui per annum, aud that all such notes, pa pers aud evidences ot debt, discounted or purchased iu violatiou of this Act, shall, from the time of each purchase, become utterly null aud Void andi.retvv- Ts/L01ST. GA Tuesday Mamins:, Auf?. 3.1858. The Governor's Proclamation, IVe giro place to this document to-day, with the benefit of ail tiie light which has been thrown upon it through the columns of the leading presses in the State. The Constitutionalist correspondents, we are sorry to see, charge it to the score of tiie Governor’s personal hostility to the Banks; but our intelligent contemporary of the Savannah Re publican, while admitting tho animus, and com plaining of the fatuity and injustice of “proscri bing” so many of the leading banks of the State, suspends opinion upon the law involved. \Ve are free to confess our opinion, with the lights, before us, and holding ourselves open to a contrary con viction, that the Governor has discharged his sim ple duty as prescribed by law, aud the imputation of personal motives is wholly gratuitous. The procla mation itself is its o wn best defence, and to complain, as a correspondent of the Constitutionalist does, that the Governor should have hunted up an old statute, is to complain that he should do his clear, sworn official duty, and execute the laws as he finds them. The law exists without the Governor’s con nivance orsanction, and if the Banks do not comply with it, the consequence must rest with them—the Governor has no election, and is not permitted to entertain the question of the policy or impolicy of enforcing it. The results to the Banks, aud to the people, will, we fancy, be imnutirial. The Govern' or is an anti-bank man, decided And thorough, principle; and none the less so, because the Banks are now paving specie. The whole system he prob ably bolds to bo dangerous and objectionable, everybody finds it to be, the moment it is ti itd. But wc believe him to be morally incapable of pros' tituting his official power to the gratification of prl vatc pique against the Bulks or anybody else. Senator Haiuiiioud’s Speech We have looked earnestly, before publish ing the somewhat meagre and disjointed sy nopsis from the Charleston Mercury, for a re liable report of Gov. Hammond's speech at Beech Island, but have seen none. The oc casion was one of much public interest aud importance. For years following a brilliant gubernatorial administration, Gov. Hammond had lived in chosen retirement and given no public voice iu political affairs. The office of Senator was thrust upon him unsolicited, and indeed, in the face of an authoritative an nouncemcnt that he was no candidate and did not desire the honor. But to the great credit of the State Legislature, in seeking a worthy successor of the immortal Calhoun, she was influenced neither by personal aspirations nor disclaimers, and beyond a doubt she sustained the general popular judgment of propriety and intellectual fitness iu the choice of Ham inond, notwithstanding his inclination to re Your informant is not only at fault and your information deficient, in the manner here sta ted. but, be only purports to give you two out of the Jive grounds of objection that were treble iu law.’ •• Section X. That no bank or bank agency, by it self, its officers, or agents, shall either directly or iu- urged to Judge Benning, This is a little re- ; directlv sell any kind ot exchange, except sight markable, to say ihe least of It; in one who j dB - maut1 ' “ ak or receive for ex- pretends to give an account of such an affair. | It was also stated, as an objection, that ; whilst at tbe bar, he united with Ihe counsel of the Stockholders in the preparation and de fence of the Bank cases generally. That he. or Jones and Benning, aided and contributed largely in constructing the long argument read by Col. Holt in one of these bank cases, on this question of the statute of limitations .(which was the mat* point iu the cnee about to be tried) and that, too, in a case in which he, Judge Benning, was not employed. Also, that the case before the court was tried in the court below, and brought tothis term of this Court for the avowed purposethat Judge Benning should preside in its trial here, and that a case of the same kind against the estate, of McDougald. Judge Benning’s former client, was kept back, and returned to another term, although tried before the one now here. It would at least have been fair, and just to the parties, that your informant should change iu ur nut of this state, of any citizen of this | State, a greater premium than oue per centum on ■ lie atnnuut of exchange s >Id, when tbe bills of the b '■ k from which the exchange is sought to be ob is ned, ere pi escLteti at its counter iu payment ot s iu exchange, uud for the violation of this section , f this Act. ihe person pay iug the premium, his agent or attorney may, aud no is hereby authorized lo re cover three tunes the amount of the excess by a summary proceediug, before a Justico of the Peace, tbe lufeiior or superior Couit, as the oue or the oth er Court may have jurisdiction, aud on which judg ment shall he rendered at the first term of the Court, unless ihe priuciples of justice shall require^ a post pone went tor oue term, aud no longer, and in which ease ihe officer or sgsnt who receives the premium shall appear, without auy other process than theser vice ut me w nt, aud give evidence iu the case; and if lie fail to appear, lue affidavit or evidence of the plaintiff shall be received in proof of the amount de manded aud the suit shall be against either the bank whose agent loaned tbe money, or agaiust tbe agent, aud iu either event, the property of the bank shall he subject to the payment of tho judgment: Pro vided, that nothing herein contained shall have any reference to foreign exchange, aud provtued furth er, the person applying for the exchange sh II, if re quired, make nail, that it is not to resell as exchange.' ••[section XI The affidavit ot bank officers to an nasi and semi-annual reports shall in alt casts state that the bank of which they are officers has not by it self, its officers, or agents, in any particular, violated the provisions of this Act.” Which said last mentioned section of said act en against Judge Benning; the more especially, i i and a ® ° ° j i Mid efeventk section related to tbuiwme subject as none of them were controverted or de nied, with the exception of that in regard to Judge Benning’s pledges. Your informant represents Judge Benning as indignantly denying both of the two grounds of objection made to his presiding. This is have given all the grounds of objection urged j grafts another secliou upon the lawof bank returns, as the mat ter—that of bank reiurns—it is to be construed with- and iu reference to all previous legislation then in force on that subject, by a well known rule of con struction, that statutes in pari materia, are to be constiued togeiher-tra but one law. Wherefore, a bunk tailing to comply with “tbe spirit and true meaning of said act,” incurs the penalties prescri bed in case of a delinquent bank. And Whereas, on the first day of June last, I is error—he did not deny the statement that he j sued my proclamation wlrieh was published as di- h„<l tam counsel for McDouguUl uud hi. «. | tate in similar cases. There are many other in- l and to comply with the provisions of the said eleventh uccurucic. iu ihe iufunnuiiou furui.hcd you, jSf.M'i’d.n h,“ which I pass for the present, | made, as required by law, upon said banks ; nnd My connexion with this matter, will, I hope, ; be considered a sufficient apology for sugges- j The Planters’ Bank of tho State of Georgia, at ting these corrections and additions; and I j 8»vanoab. , ,, . ... . - ,, 1 " no Commercial Batik of Brunswick, doubt not you will as cheerfully publish this, | The Cherokee Insurance and Banking Company, as you did the original statement made to you. j “j Respectfully yours, &e., W. DOUGHERTY. For the Georgia Telegraph. The undersigned respectfully informs “Ber rien ” iu the last Citizen that his interrogato ries embrace matters altogether collateral to tho great subject now being discussed in this paper, viz: the constitutionality of the “slave trade prohibitionand a delegate is not wil ling to divert attention from this subject to any new or false issue nnd therefore declines answering “Berrien's” qnestions, A Delegate lo the Montgomery Convention. The Chinese in Cai.ifounia.—The Cali fornia p ipers And it hard to fight against des tiny. They cannot stem the new tide of ex citement and they have changed their tone in gnrd to the exclusion of Chinese emigrants, us the following paragraph goes to show : These Chinese are buying up abandoned claims in California: and it is surprising to note in places where, a few months ago, white men were working, to seo Celestials busily employed. The discovery of gold on Frazer ! . ... , iver will have the effect of changing our poli- 1 1,av ® complied with tho law, and shall have made ,, ,,, . T . f .57. such retain as tho statutes require. cj to aids the Chinese. Instead of pieteu- | Given under my band Hnrt tne Great Seal of tho ting their immigration here we will have to j State, at tbe Capitol, in MUlodgeviile, thia twentieth encourage it, Tiie Legislature, at its next ! day of July, in the year of our Lord eighteen linn et' sion. will repeal the net preventing their en- “"‘f hity-eight. and of the Independence of the trance here: audit ts not at all impossible a ‘coolie’ bill will pass. We cannot do without , t j, 0 Governor i labor. What has left muat be supplied.” ! E. P. Waikiks, Se.reUry of Stats. T be LaGrange Bank, The Bank of Commerce, at Savanna]?, The Merchants and Planter' Bank, at Savannah, The Mechanics’ Savings Bunk, at Savannah, The Augusta Insurance and Banking Company, The Marine Bank of Georgia, at Savanah, The Bank “f Columbus, \ The Bank of Middle Georgia, at Macon, I The Bank of the Empire State, at Borne, The Union Bank, at Augusta, The City Bank, at Augustn, The Planters and Mechanics' Bank of Dalton. The Bank of Greencsborough, The Timber C'utter'a Bank, at Savannah, The Exchange Bank of the State of Georgia, at Griffin, nnd The Mechanic's Bank, at Augusta, 'have wholly neglected and refused to make their retains as required by the positive mandate of the statute of 1857, (the benefits of which in tho pro tection of their charters from forfeiture have been realized by such of the above mentioned banks as were lately in a state of suspension,)and have ntter-‘ ly disregarded the will of the legislature, set them selves above the authority of the law, and stand in open violatiou of its commands; 1 do, tltereforc, issue this my Proclamation, pub lishing as direct- d by the statute, tbe names of the before mentioned delinquent banks. And 1 do here by notify the Treasurer of this Mate of. said delin quent bunks .-and I do moreover proclaim and make known that the bills of said delinquent bnnks will not be received at the Treasury ot this State in pay. ment of any debt due the State ot Georgia, or tho Central Bank, ui-.til the President and Cashier of each of said delinquent hanks respectively, ahall . This accomplished, there followed a very natural nnd strong desire to know his opin ions upon public questions which had arisen during his long retirement. Conjecture and rnmor were busy and he was claimed with equal ardor by “secessionists” and by “co-op erationists”—by politicians who think the Union a hopeless failure and see no other course but to get out of it, the sooner the bet ter. and by the more moderate and hopeful who are willing to await the suggestions of events and developements of Southern opin- ion. With great prudence, however, Gov Hammond declined to commit himself uutil af ter he should have had the opportunity for personal observation and the aid of mature re flection ; and the Beech Island speech, after his return from his first session in the Senate is his first response to the cariosity to know his position and views We think few of our readers will faii to be pleased with the general tenor of this speech. They may except, as we do, to some particu lar portions—for example, to that part which denounces the popular sovereignty method of deciding the slavery question in the Territo ries. It may be liable to abuse—it may in volve difficulties and occasion dangers; but what substitute can be proposed ? or what other mode can be devised in harmony with a sound constitutional theory, or the spirit and genius of our republican institutions ? Con gress is clearly not a safe and proper arbiter of the question, and it must, then, be devolved on the people ; and the experience of abuses and dangers ought only to lead to the estab lishment of precedents and legal safeguards and restrictions. The Kansas troubles may have their uses in subsequent history ; and let no man forget that during all the tempestuous agitation of this and kindred matters, from the Wilmot Proviso of 1847 down to the pres ent moment, a great benefit has resulted in the elaboration and establishment, for the first time, of well defined doctrines and prin ciples covering every political relation of slave ry under our government. Surely, it is not a matter of reasonable surprise that doctrinos which provoked sach violent opposition in the declaration, should meet with embarrassment, obstruction and perversion in the first attempt to carry them into practical effect; and we may justly anticipate more satisfactory results hereafter. Bnt with this and some other and slighter exceptions, we admire the speech and consid er it a fitting sequel to a debut in the Senate, which holds out a rare promise of usefulness and eminence. We rejoice, too. iu the potent sign it gives that the gallant and powerful State will somewhat modify her Federal atti tude—that she will abandon the position of an armed, indifferent neutrality in Federal af fairs, «3 if too bad to bo mended, and lead off in a genial, hearty, patriotic eff >rt to thwart sectionalism and maintain a Constitutional Government. We hold, if fanaticism is busy violent and aggressive, the fact affords but a stronger reason why constitutional and con servative men every where should come more resolutely and eagerly to the rescue, and nev er abandon the struggle so long as a hope of successful resistance remains. The country it seems to us, has an equal demand for the service of her patriotic citizens whether as sailed by foreign or domestic foes. We arc glad to hear this hopeful and cheering voice from the old Palmetto State and from the lips of one of her wisest and moat distinguished sons A Delegate—The Montgomery LEAGUE. We observe in tho conclusion of the very able articles upon the Slave Trade Prohibition, for which we are under many obligations to our cor respondent, “A Delegate,” that lie assails with much ardor the device of Mr. Yancey, of Alabama, stvled a "League," which seems to bo based onau assumption, neither just nor complimetary, that the Southern people either do not know or are in different to the maintenance of their lights, and need the indoctrinating light and impiriting influ cnees of the knots of politicians congregated to gether in conclave under the organization of these “Leagues.” It will be timo enough to express our objections to any such mere sectional organiza tions at present, when they get beyond the town limits of Montgomery. They might, perhaps, live and prosper during a’ revolutionary emergency, like the Committees of vigilance and safety and minute men and sons of liberty during the strug gles for independence of the thirteen colonies; but in the absenco of nil special occasion and pressing danger, they lack the first aliment of life and will die out too soon to afford a subject for newspaper disquisition. And should the time come, when the plain dictates of self-prcservatiou shall impel our people to abandon the federal organization, we do not believe the step will be taken under the direc tion of any organizations of this kind. Political clubs will do in France, and may flourish in Nor thern cities, but they will never take permanent root or exercise much influence among an intelli gent, reflecting, agricultural people, scattered over a large surface of country, like tho people of the South. There are insuperable difficulties of space and habits of independent thought and conclusion to overcome; and there are also still greater diffi Celtics of well founded prepossession to encounter. Clubs, leagues, cabal*, knots, juntas and conclaves of all sorts are foreign to the genius of a race, who debate ail their political questions and grievances in assemblies of the people under the broad light of heaven, in the shade of their forest trees and in the cars of all men who will hear. These meetings will be the “Leagues” which will settle the dis union question and select the directors of the se cession movement, should it become necessary, whether Mr. Yancey’s Montgomery League be in existence or not. And we have not a doubt they will select wise, prudent, thoughtful men—not so much given to new inventions and discoveries, as rooted and grounded in the old established princi ples of free government and rich in the wealth of a wise and conservative statesmanship. This league business is tho abortive fruit of the project for reviving the slave trade. Concede, as is claimed, that a revival of the slave trade is in dispensable to Southern progress, why then noth ing stands in the way of progress so much as the Federal Union, which prohibits tbe trade. (Jon cede that the prohibition is unconstitutional, then we become the victims of a political outrage.— Looking through these glasses, a League with a squint to tbe prostration of the Federal Govern ment becomes a natural sequence. But looking at the facts as they exist: that after long and bitter controversy the South has atiast doctrinally estab lished in all the departments of the Federal Govern ment—Executive, Legislative and Judicial,—her own carefully elaborated doctrines with regard to the reserved rights of the States, and the position of the slave owner and slave property under the Constitution—that the landmarks are now well es tablished and beginning to be acquiesced in—that slave labor and its products now occupy a new, grand, unrivalled position in the commercial and industrial world—and the South herself is in the enjoyment of a splendid career of prosperity with a promise of permanence never befote rivalled in the history of any people, ancient or modern—we say, regarded in such a light as this, Mr. Yancey’s scheme to revolutionize matters with his “League,” looks like a calomel pill to a man in high health and vigor. We have, we confess, not over much respect for the race of “tertium quids,” and purists, who, in the face of the present actnal political sta tus of tbe slavery question can berate and assn l the great democratic party of this country. It has contended manfully, nobly and successfully for the truth ! so that even its scars, distractions and luss- , ° rrCr **°». lf S «ph «e ,-ta JOSEPH E. BROWN. The Cotton Crop of 185S. In conversation last week, with a gentleman who has very recently travelled over nearly the whole Cotton grttwing section of the Uni ted States, he expressed tho opinion that if present prospects are verified, the crop will be beyond all precedent in quantity. The idea of a deficit of 400,000 bales in the Southwest, resulting from high waters, he considered alto gether delusive, nnd maintained that he had been in no county of that section where pre sent anticipations did not fix tho quantity of Cotton grown, above what could be gathered. Tiie Corn crop everywhere was more titan a- bundant. Carpeting. The largest stock of Carpeting ever offered in this city, can be seen at the store of Mr. B. F. ll;ss, aud we find he sells ir, at New York retail price*. J cs are pointed at in derision by its piebald oppo nents, who never broke a lance or ventured a thrust for the maintenance of the great intersec tional doctrines upon which the Union must be maintained if maintained at all I Even in South Carolina, always distrustful, the magnanimous and independent Hammond could not withhold the meed of bis high praise, to the manliness and de votion to principle which this party has shown.— Though “baffled oft,” she has risen again and again, and will still rise triumphant over sectionalism or perish at the altar of a broad and generous nation- oiism, polluted only in spite of her efforts to main tain its purity. Now, if Mr. Yancey, or any body else, can see vulnerable points in this party, in hich to plant their barbed arrows, we have only to say it is but human—full of imperfections—an organization too numerous not to comprise many unworthy members—too vast not to comprehend many unsightly spots. They choose to specialize rather than look at general scope, design and ten dency. If they can see a better guarantee lor gen eral safety and security in a few Court House leagues,” let them wend their way and wc will take our’s. We prefer the appeal to the people and the great principles of Right and Constitution, the strong hope, at least, that the appeal will be sustained at the ballot box under the American flag, and in defiance of sectionalism and fanaticism. Water Works. It was our purpose, last week, to invite at tention to the advertisements of Messrs. Thom- Oliver & Douglass, of Savannah; but it escaped memory, although, we dare say the advertisements themselves did not escape the attention of the reader. The mechanical helps and contrivances for irrigating grounds and supplying households with water in abundance, are subjects of great and increasing interest in tbe South, and many of our readers will be glad to know where they can look at home for mechanical aid and machinery in effecting these important improvements. Plantations for Sale. We don’t like to help any good citizen in selling out to “move west,” but if ho will go. we hope it is but to make room for others of tho same stamp. Mr. W. W. Chapman offers some fine plantations iu Dooly, in our paper of to-day, well known as among the most fer tile and productive in Southern Georgia. Col- Bass and Mr. Comer, also, offer very valuable plantations for sale. Tliu Sapie ns Cou t—A i In the la-t issue ot t!i P Teleg j,;, the decision made by the Supreme Conn'(t Lumpkin dissenting) in reference to the! v, of stockholders to suit after the ex D ir at ; n „ ’ ,f Bank Charter, overruled a decision Judges Warner and Niabet were on the ben ] this we were wrong, and we cheerfully m f' 1,1 the correction. Judges Warner and y Jr* tlle not on the bench, but Judge Starnes w,i« append the pleas filed to show whattheno™" 1 *’ and the public can judge whether we M **’ right, after all, in stating that Judges \rT ^ and Benning had changed the law as 0Pi '' i by a former Bench of Judges. o n ,! DOuaced vol. 16th of Georgia Reports, the that in an action brought by Robert B gj <l the Directors of the Commercial BaakofM the defendants, filed among others this •jJ** 0 "’ the first day of January, 1852, the time the act of incorporation of the Comiuett-Lu n ’ of Macon, for the corporate existence oft!, terminated and expired, whereby the fai j ° tion became extinct, and all debts S*' due to or from the said corporation beeamsT- also." This case was very ably argued for rectors by Messrs. Toombs, Nisbet and Jones' for Smiley by John Rutherford and Whim “ W Judge Powers, who presided in the trial „f T cause in the Court below, on motion, s [rB , the plea of the Directors as above °' Jt which decision of Judge Powers was alleged* ’ ^ erroneous. Judges Lumpkin and St&meg, ed the ruling of Judge Powers in striking outT pleas, and Judge Lumpkin concludes his Tcrr decision in this significant and comprehensive u' guage—“In no point of view can the defendj' escape the liability sought to be fastened u M them.” Judge Starnes concurred with Judge L-m kin, and Judge Benning dissented. ’ The difference between the ease of Nmilev ln j the ease before the Court during the last Term, Macon, was this: that in the latter ease, the «te ^ holders were sued, and as we understand, fil^j similar plea—which, instead of being overruled, i. in the case of Smiley, was sustained by Judges Si c . Donald and Benning—Judge Lumpkin stagin'- firm to his judgment in the Smiley case. We will here take occasion to say to oar neigh bor of the ‘Columbus Times,’ that our article not intended to prejudice or beget excitement against the Court, but simply to place before our readers a j udgment of our highest Judicial tribunal involving principles oflaw in whicli many of them were personally interested. Moreover, we are in the habit of publishing a 1 tbe judgments of the Court involving importac: legal principles, and we must confess to some srn- prise, tlia; we should be charged by our cotempo- rary, with a desire to excite prejudice against ttt, Court. 1 he Telegraph has been the friend o’the Court from its beginning—we were the first Jout- nal iu the State to call the attention of the Leri- lature to the inadequacy of the salary of the Judges. We are in favor of its continuance—wc Ant to see it located permanently at the seat of Government, and -in conclusion, we desire to see its deciaoas per manent. If the members of the Court do rot give to its solemn judgments their approbation and is- ent, but cnange them as often as Judges sm changed, then we must confess that tb» Co;;rt rill have failed to answer the great purpose for wnich it was organized, and the sooner it is abolished, the better it will be for the rights and liberties of the people of Georgia. JTIerccr University. At the recent Commencement, the degree if A. M. was conferred upon Rev, Joseph Wall er, of this city, the Editor of the “Christian In dex,” and that of D. D. upon the Rev. Job E. Dawson, of Columbus, Ga., and the Rer. William Williams, Professor of Theology ia Mercer University. Also the degree of L. L, D. was conferred upon our townsman, Hon. Eugenius A. Nisbet. Hot.—We have had intensely warm weather for the past few days. Health of town and country good—crops fine. Pro; The Watering' Places. If any reader of the Telegraph is wearied out with work, or wearied with hot weather, and feels that a week’s recreation would help him, both bodily and mentally, let him go to a Georgia Watering Place. Don’t go to the North or “ Old Viginny,” but remain at home where you can be cool and comfortable. In this connection, wc would recom mend the Indian Springs, where a visitor will find good company; the best water, and as good a table as Bryan Collier or Ned Varner can prepare, and that is saying enough, We have conversed with numbers who have vis ited the Indian Spring during the summer, and all unite in commending the excellence of the accom modatiatis. Give them a call. Tiie Iron Tie. Planters should carefully consider tho ad- ortisement iu reference to the new ii ou cotton tie. Valuable Fertilizer. Lime which has been used in the purifica tion of gas and unimpaired, if not benefitted. in its fertilizing qualities, can now be had dog cheap at the gas works. If our planters and gardeners do not avail themselves ot it, they will stand in their own light. ess of tbe Mciv Party Move- MENT. The Athens Banner calls attention to t speech delivered by Cassius M. Clay, tie noto rious Kentucky emancipationist, on the 4th ult„ at Big Giade in that State, and publish es the following paragraph from a report of the Speech by the Kentucky Statesman. Com ment is superfluous. "He referred at length to the course of the party leaders at Washington during the last winter, and commended in the most laudato ry terms the action of Messrs. Crittenden, Mar shall, Underwood and their confederates. He welcomed them as worthy allies in the aboli tion cause ; said they had come to him, ami be was ready to strike bands with them in the effort to consolidate all the elements of oppo sition to democracy. He recognized in the Democratic party the only unrelenting fee black republicanism lias to encounter hailed the accession of such Southern States men as Crittenden, Marshall and llndenvood as the happiest omen of success which bail yet occurred to encourage him and his friends. He pledged the votes of the Kentucky free- soilers in support of the American ticket th.s summer.” Sorrows of Dillaye Continued* We see by. the New York papers, that Ste phen A. Diilayc, who a few weeks ago de tailed his sorrows and grievances in the loss o* a custom house office, and spread his com plaints before all mankind in an abusive pam phlet of some twenty pages, has met with lur ‘ tlier misfortunes, which are set forth in ’ Herald of last Wednesday as follow?, (oaths omitted :) Stephen A. Dillaye was standing on the l0 ' ner of Nassau and Pine streets, when Lai* uel B. Hart, the Surveyor of the Port, ly approached him and accosted him *‘ lUS ’. “l’ou infamous libeller, this is the first I have met you since you published that on me ;” and the speaker then spit in nts 11 and added emphatically: Take that. . Mr. Dillaye retorted vehemently: scoundrel, y ;u are a better man I a.n, bnt go away from ine. for I a- n * ral Instantly with this. Mr. Hart drew back a P or two from Mr. Dillaye, and tlie»*f ru ’ ' such a violent blow upon the head a ^ he bad in his baud that he fell seuseles’®.* 1 pavement. ^- e So misfortunes never come single- are sorry for Dillaye, who. to follow P R ^ dent, ought to go Paris and have bis -F cauterized. But taking Dillaye’s comp ® ^ to Hart in its literal and not pugilistic we fancy it was true, although the - ' * j office holders are a worthless aud rowdy ^' all round. Mr. Buchanan should entire army aud import a new sett roi rural districts. . ..... Editor:—Let me, through ^ per, call the attention of the “powers ? * to a wash made by the last rain, in t e 1 ^ of the street, near Mr. Raines stab c, n ^ College. It is a dangerous P la “ ’ , oB wonder is, that no accident has >->i. account of it yet. the city I would be strongly tempted to su- » for damages, were I to fall m tba A small hole is also seen in the Street Boardman’s corner. , t (he Prav, whose business is it to s< o ? Street* are, at least, in a ^ gJ^R. We are again pnblishmgadvertise , vet’ Cherry Pectoral. This lnedicmo > •*, J>e0 nle. * strong hold upon tho good epimon c eniedy is regarded generally as a »£« “SfigW . lor Uulinouar, Complaints. Lnu * -/* eke ' Having tnuud it »» excellent mrd cm fully endorse it.—Miscellany, Dc>" >■