Newspaper Page Text
Tlif* OBJECT of this mandate, IS TO
CO n I'iOL I’tlE STA TE IN THE EX
KECISEOFirS ORDINARY JURIS
yiC TION, which, in tri um.il ca*es, has
been vested, by the Constitution, exclusively
•,n its Superior Courts
So fir as concerns the exercise of the pow
er which Delongs to the Executive Depart
merit, orders received I'toin the Supr me
Court for the purjmsc of staying, or m any
ma mer interfering with tii • decisions of the
Courts ol this Slate, in the exercise of tiicii
Constitutional jurisdiction, will be disregar
ded, and any attempt to enforce such orders,
will be resisted with whatever force the laws
shah have placed at my comin nid.
if the in lieu! p.> er thus attempted to be
exercised by the Courts of the United States,
js submitted to or sustain *d, it must eventu
ate in the utter annihilation of the State Go
vern items, or tu other consequences, not
jess fatal to the peace and prosperity of our
present highly favored country.
Signed, ' GEORGE R. GILMER.
And the same having been read, was refer
red, with the accompanying doeument, to a
select committee, cou.>isiing of Messrs.
H ivnes, Beall of Twiggs, Schley, McDon
j,),l and Howard of Baldwin, on the part of
the House, to join such as may be appriut
ed on the part of the Senate.
Mr. li iyues, from ilieconmiittee to whom
was referred the communication of the Gov
ernor of this evening, pr suited a report,
~ hieh being read as follows:
Whereas, it appears by a communication
made by his Excellency Ihe Governor, to
this General Assembly, that the Chief Jus
tice of the Supreme t'oort of the United
State* lias sanctioned a writ of error, and
ted ‘lie State of Georgia, through hercliief
Magistrate, to appear before the Supreme
Court of the United States, to defend this
Siatt against sard writ of error, at the in
stance of one George Tasst Is, recently con
victed in Hall county Superior Court, of the
crime of murder:
And whereas, the tight to punish crimes
against the p> are and good order of this
State, in accordance with existing laws, is
an onto INAL and necessary part of sove
reignty, which tie State of Georgia
IMS NEVER PARTED WITH :
Resolved bv file ‘•enate and House of.Rep
resentatives of the.St.it<■ of Georgia, in Gen
cral Assembly met, that they view with feel
ings of tiie deepest legret, the interference
by the Chief Justice oi' the Supreme Court
of the United States, in the administration
of the criminal laws of this State, and that
such all INTERFERENCE is <1 FLAGRANT VIO-
E'TION OK HER RIGHT.
Resolved further, That his Excellency
the Governor he, and he and every other offi
cer of this Siate, is hereby requested and
en joined to disregard any and every man
hat;-: an I process that lias been or shall be
serve 1 upon him or them, purporting to pro
ceed (Vein the Chief Justice, or any associ
ate Justice of the Supreme Court of the U
nited State-, for toe pu'/wsc of arresting any
• f the i'ran l not laics of this Stale.
And he it further resolved, That hi- Ex
cellency the Governor be, and h« is hereby
authorized a i I required with a'l the force
a id ultra is placed at his command by the
C institution ti I laws of this State, to res it
ini rep ! any and every invasion from what
i-v-T qo il l>v, upon tli :> Vil:;li.i:itiation ol ihc
rri Iliad laws of this State.
B --oh--I. THA T THE S TATE OF
GEORGIA WILL NEVER SO EAR
< imp:’ niT HER SOVEREIGN TV
AS \N INI) EI’EX DEN T STATE, as to
become a party to the cause sought to be
m i le before UieSupreni Court of the Uui
t I States, bv the writ in question.
K -solve !. 'That his Excellency, the Gov
ernor lie, and he is herewith authorized to
coin nunicite to the- Sheriff of Hall county,
liv Express, so much of liic foregoing rcso-
Inti :u*, and such orders as are nxressary *<•
insure the full c.xecuti 'll of the laws in the
case of George Tassels, convicted of mur
der in Hail county.
Mr. Punier offered lit" following as a sub
stitute to sari report, to wii:
Whereas, the circumstances under which
the citation to the State, from (he Supreme
Court of tli • United States, in the r ise ol
Tassels, an Indian, convicted of murder in
the. Superior Court of ll.ill county, are un
favorable to calm deli leratiou; a id whereas,
the General As-run dy li tve c.o.ili letice in
the intelligence of the P.xecti ive and Judi
cial Depart meats Ql the Government ol this
State, into whose, cognizance the case ol
Tassrls will more iinniediately come:
R".solved. That the action of the General
A tsem dv is deemed unnecessary at the pre
sent time, in the case of George Tassel* a
foresaid.
Oa motion to accept said substitute, the
yeas an I tiuvs were required to be recorded,
aid are, yeas 11, nays 62.
Those who voted in the affirmative, are,
Messrs. I)a,\ ivisiy, GJmlson, King, Lavall,
Lucas. McDJNALD, Perdue, Sciiley,
Turner, Wellborn.
Those who voted tn the negative, are
Messrs. Aiken, Atkinson. Barr, Beal! of
T.viggs, Blucksbear, Bowen, Brown, Bryan,
Burns. Calhoun. Carnes, C t v*'land, ( one,
Curry of Washington, Drew. Kiutii -. I’lew
ellen, Graybill, Gross, Hampton, H-rrittg
tin. Matcher, Haynes, llozzarJ, Hodges,
llollnnd, Holt, Hudson of Putnam, Jenkins,
Jo Hi'S of Jones, Jones of Warren, Kelltlitt,
Kelly. Leonard, Lester, Lung, Lovett,
Mann, McCoy, MeCraven, .Me Rea, Neal of
Newton, Neal of Wilkinson, Noi l hern, Oli
ver, Pearman, Price. Reeves, Reid, Robson,
Rttlierfoad, Ryan, Sheafs, Simmons, 'Ter
rel, Terry, Thompson, Townsend, \Ycit
man, Williams, Winn. Young.
So the House refused the substitute.
The question being then put on agreeing
to the original report,
The yeas and nays were again required to
b» recorded, and are, yeas 71, nays 12.
Those who voted affirmatively, are Mes
srs, Aiken. Atkinson, Birr. Beall of Twiggs,
Black, Blackshear, B> v *n, Bniwn, Bryan,
Burncs, Calhoun, Carnes, Cleveland, Cone,
Carry of Washington, Dickson. Drew. Fan
nin, Finnic, Flewcllen, Gruyhiil. Gross,
Hampton, Hardee, Harrington, Hatcher,
Haynes, H izzard, Hodges, Holland, Molt,
Hopkins. Hudson ol Putnam, Irwin, Jen
kins, Jones ol Jones, Jones of Liberty,
Jones of Thomas, Jones of VY arren, Kel
lam. Kellv, Leonard, Lester, Long. Lovett,
Mann, McClendon, McCoy. MeCraven.
Mcßae, 14eal of Newton, Neal of Wilkin
son, Northern, Oliver, Pearman, Price,
Re-wes, R- id, Robertson, Robson, Ruther
ford, Rv an Simmons, Suellings, Taylor.
Terrell, Terry, Thompson 'Townsend, Tut
tle, Weitman, Williams. Winn, Young.
Those who vo'ed in the negative, me Mes
srs. Dav, lvisly, Oho Mon, King. Loyall, Lu
cas, McDonald, Perdue, Schley, Sheats,
Turner and Wellborn. '*
And Mr. Speaker Hull also voted in the
affirm itive.
See Journal House of Representa
tive* 1833, p- 441—4-17.
Having now cotrtnlted with the request of
tha Standard of Union, our readers, we hope,
will indulge, us in commenting briefly on a
s ibjcct upon which they ate already well,
tuforimd- The extranrJiuarv defence ol
Ja >*.j MeDmald which appeared is* the
/Standard of Union of last week, compels u*
ctg ii tu assume our former |>om.an—to
iiidi .tani it by s iuiiil aig.iue.it, anj to
cbirgenpon Judge McDonald, and those
ivh<> acted a.III ni.ii ou trial occasion, either,
a feat of assarting that responsibility which,
as a representative, he owe-l tn nis constitu
ents, or\N IN T .NDED DESERTION
OF THE RiG.ll’S OF GEffti.ilA, bv
submitting to the in a ida e of tit • S preme
Court of die United States. We luve no !
do ihi but that the latter of the above char- !
ges ts the one which tits the case of Judge
McDonald- It is a well known fact, that
Feder ali-ls, not ouiy in New England, but
in every section of our wi lely extended
country, and those few who claim Georgia
as their home, earnestly contend tor the
right of the Supreme Court to interfere and
arrest the execution of the criminal laws of
a State—that it is one of the cardinal prin
ciples of thei. political creed, and one too
which goes as far as any other in striking
hue which separates the two great politi
cal parties of the Union, viz: the OLD
FEDERAL, from the REPUBLICAN
PARTY'. Will it be denied that Judge
McDonald was in 1830, and previously,
considered by his most intimate political
associates, a FEDERALIST in principle?
Will it be denied that he at th it time, held
to the doctrine claimed by ali FEDERAL
ISTS, that tire .Supreme Court had the
right to arrest the execution of 'Tassels?
•We think not. Tire opinions of Judge
McDonald,at that day, were too well known
for the people to be told, nt the p -esent day,
that confidence in the then Executive, was,
the reason why he voted against the resolu
tionJ iutioduced by the Editor of the
. Standard of Union, as Chairman of the
Committee that made ihe report to the
; House. Arts ul as this defence is, it comes
with a bad grace from one who occupied so
conspicuous position in the Legislature ou
tli .t occasion—-we. mean our neighbor of
the Standard of Union. 'Hie Editor ofthat
paper knows too well that other reasons
than those assigned by him in Ins article of
last week, induced Judge McDonald and
the Federal Patty ill the Legislature to
oppose the resolutions which he introduc 'd,
and w icli one of us had the honor to hear
him vehemently support, when they met
with unexpected opposition from art old
Troup man, backed by the FEDERAL
ISTS. As the conductor of a public press,
he knows, or ought to know, that the Van
Bun n candidate for Governor, openly advo
cated the opposite doctrine to tbft contained
in his resolutions, and that this was the
true reason why Judge McDonald was found
with the glorious few who were ready to
disgrace the State by submission to the
Citation of the Supreme Court. “ Defend
your Vandidate," dot by the lame plea which
he would scorn to use, but upon gro' rids
which he would take in justification of his
cause were lie not a candidate. Defend
Iriiii upon the principle that he was a FED
ERALIST at that time, put now, that he
is a convert to Van Buren Democracy.—
There will be some shadow of reason in
such a defence, but iu the one but forth,
tiic veriest dolt in politics can detect the
effort ofonr neighbor to make a good out of
a bad cause. Did \vc deem it important
how easily could we phy the same game
upon our neighbor by claiming the same
position in the charge which he has brought
against our candidate, and say that his
confidence in General Jackson induced him
t.< vole as he did,on the Cherokee nrvey.
Would our neighbor be satisfied with this
plea, should we think tlie charge against
.Indg*> Dougherty of being willing ‘.‘to
surrender the sovereignty of the State ifuo
the hands oft lie President,” worth a mo
ment's notice ? Wo think not.
“Defend your candidate" !! He is rbar
ged with being a t a Ivocate for the Con
stitutionality of a United States B ink !
Ho is charged with being in favor of a
Protective Tariff'!! He is charged with
holding to the doctrine that Congress has
the rigid to abolish Slavery in the D'stl’cl
of Columbia!! He is charged with being a
Federalist in the common acceptation ol
the term!!!! He is charged with holding
to the doctrine that the Represent;!-ives
of Georg,a in Congress are not Reprex tita
tives.il Georgia, but of the Uni n ; there
bv exonerating them from all responsibility
to their immediate constituents, ami suppor
tingihe monstrous doctrine of consolidation
in our Government!!! Defend him. The
people require it at your hands. Defend
him, not by miserable sophistry, hut hy
sound common sense argument. II you
e.a mot do this, abandon his support, and
submit to th*‘ verdict which veil! he given
against you ou the first Monday in G< tuber
next.
From the S< m them Whig.
The Standard of Union of the 20th lilt,
contains one of the modern loeo-foco-demn
cratic editorial guns, directed at Judge
Dougherty and the State Rights party.
The Standard has been overhauling the
.Tmin>tdn of the Legislature ever since 1830
(nine years) to find nut something, to try to
make out one loud and wadding, for his long
old dirty barrelled hrco-feco gun, a ainst
Judge Dougherty : and Quixote-like, when
he is ready to let off’ his "soap and suds,”
he calls out to t' e State Rights party, “DE
FEND YOUR CANDIDATE!”—Echo—
“Tommy, defend vmu -Standard of Union.’ ”
One of Tommy's last wads reads ns fol
lows: “The people of Georgia want no
man for Governor, who has ever admitted,
by word or deed the right of the Federal
Government to invade the State with a mili
tary force, to control her in the exercise of
her sovereign rights; and this Judge Dough
erty has done, and it stands of record against
hint ”
The above paragraph is a specific charge,
s! mder and libel. Now tor the facts to
prove it:—Tommy says that Judge Dough
erty-voted for Mr. Beall’s rejected amend
ment. offered to an act of 1830, for the sur
vey of tho Cherokee country, which amend
ment was designed to enjoin upon tbe Gov
ernor a course of prudence and co-operation
with the pledged effortsof General Jackson,
at that time, to use his influence with the
Cherokees, and bis Executive power of the
• Federal Government,” to prevail with tho
Indians to accede to tha contract with Geor
gia, of 1802, without recourse to violent
mensures.
For this purpose, and to lay the foundn
tion for an amicable treaty, it is as well
known to Tommy, as the balance of the peo
ple of Georgia, that General Jackson had
met and held a talk, on the frontier of Ten
nessee, with the chiefs and head men of the
Cherokee nation, iu the summer of 1830.
The friends and supporters of General Jack
son, at that time, in Georgia, were the Troup
perty. (since called the State Rights party.)
of whom Judge Dougherty was one, and a
member of the Legislature.
It was generally believed, by all sound
heads and prudent members of the Legisla
ture at that time, that Gen. Jacks‘>n would
be abl“ to s tccecd iu effecting an amicable
treaty for the removal of the Indians to the
West, and thereby fulfil the contract of
1802, on the part of the Federal Govern
ment.
i A sufficient time could not elapse, to
1 know the result of General Jackson’s efforts
| before ihe adjournment of tbe Legislature of
1830, and until me iorthcoimng session of
tUe next year.
Judge Dou.herty, as well as Gen. Beall,
and many ottiers, at that time, believed it
more prudent, high-minded and houotable,
on t ie part of the Legislature of Georgia,
to wait until the next session of the Gener
al Assembly, iu regard to the act ol survey
and occupancy, anil see what would be the
result of Geueral Jackson's friendly effor.s
to remove the Indians, —and give Georgia
her finis peaceably aod honorably, accord
ing to contract of 1802.
But the "land spe ulators," and head men
ol 11 ie Clark party, (since styling themselves
tile Union party.) were then opposed to, and
It iJ no Irieudsnip. confidence, or disposition,
to give Gen. Jackson an to use
his efforts to bring about an amicable ad
justment with the Indians, they were so
eager lor the I and, and so General
Jackson (until after his celebrated Procla
iii ttiou and force bill,) that they were rushing
headlong into the Cherokee country with
th< ir surveyors, at the very moment the Fed
eral Government was using its best efforts to
effect a treaty, iu behalf ol Georgia, for the
land.
They were regardless of all principles of
internal peace and moderation, and the hon
or and dignity of the .Stair-; they had noth
ing in their heads or hearts but I and and go\d
mines, and they could not wait a few months.
Judge Dougherty was one of those many
higlmriuded mid honorable members of the
Legislature of 18:10, who believed that a
more prudent aourse, at that session, would
prove more congenial to the magnanimity of
tLe State; and iu case of Gen. Jackson’s
failure of success, Georgia could subse
quently pursue her rights lor the laud, with
a better nice and approval of the other States;
the land was sure to be obtained in the end.
There had been no treaty effected iu 1830,
with the Cherokees for their removal to the
west, as had been the case in 1827. with tbe
Creek nation.
Judge Dougherty’s vote, therefore, for
Gen. Beall’s amendment, has no parallel, or
bearing whatever, to or against the course
pursued by Governor Troup, with Mr. Ad
ams and tlie Federal Government, in 1827,
m regard to the treaty with the Creek na
tion of Indians.
That was a bonus treaty, effecte l, and
ratified by the Senate, the constitutional au
thority -t the City of Washington, and Mr.
Adams wanted to hack out —but Gov. Troup
and the State Rights party would’nt let him,
and when he allow’d his teeth —Troup “de
fied” them, and held on to the treaty and
the I and.
Mr. Adams was working against a ratified
treaty, in 1827, and Gen. Jackson was work
ing to mike an honorable treaty in 1830.
Tommy, of the “Standard,” knows there
is no parallel in the two cases, which can be
applied to Judge Dougherty’s vote, on
Beall’s amendment; yet, it appears he has
been all summer, searching and torturing
the Journals of the Legislature, back to
1630, to make oat one sorry little fictitious
load, for liis tnco-foco-democrattc gun, and
then Cal's out to the State Rights press
••defend your candidate!!!”—and then,
flush-flush, goes offthe dirty barrel, to “soap
suds” the ballot-box against Judge Dough
erty Tommy is arch, cunning, and has
kept his fictitious load back, until just a suf
(i< tent lime before the election, to let the o
tlier loco foeo guns (press) squirt it into the
eyes of the people throughout the State,
and not leave time enough before the first
Monday in Oetube., for the friends of Judge
Dougherty to blow off the smoke.
Tommy's gun puts us in mind of a poeti
cal remark once made upon the old gun-boat
system, to wit:
“Gun-boat number one,
Wiggle waggle went her tail,
And qiop went her gun,”
Tommy 'once deserted and went over to
the ranks, with liis loco-loco gnu, among tiie
"head men” of the party, who were hostile
to the first election of Gen. Jackson to the
i’lesidency of the United States; and who
have since set tt , a great cry, and public pro
fession of love—love—“lo> e for the people
because they have heretofore found that
they could stnil’ honey—false Union honey
into “the people’s ayes,” with one hand,
whilst tjiey were beating their pockets out
with the other, and then “divide tlres spoils ”
This is the main orthodox "principle” iu
their modern loco-foco democracy. They
go for high-sounding names,like “Standard
of the Union,” &c. which they assume, as
the “Standard of Justice,” for the sinister
purpose of working out their ends, reverse
to just'Ce. They outwardly profess liberty
and equal rights, but when they get the pow
er, they practice self interest and monarchy.
The Stale Rights press have taken nosuch
unfair means and false charges, to deceive
*• e people” aga nst Judge McDonald, as
h unwarranted and vile attack upon r(:e
vote ol Judge Dougherty, raked tip and
falsely shot forth at this 'ate hour, from the
false “Standard of Uuion.”
OT D FACTS.
From the Georgia Journal.
DOUGHERTY AND STATE RIGHTS.
ts.
McDonald and van buren dem
ocracy.
It is for the purpose of sustaining the
doctliues, as advanced in the Virginia and
Kentucky Resolutions of ’9B and’99, and
approved of and adopted by the State Rights
Party of Georgia in 1833, as well as to op
pose the corruption and extravagance of the
Federal Government under the present
Administration, that the name of Charles
Douoherty, with State Rights for our
motto, is presented to the voters of Georgia
bv the party, upon whose undivided support
of him, as their candid te, we rely for his
triumphant election. Aod it is, with a
bold front, too. that our opponents present
to the people the name of Charles J.
McDonald, the unflinching advocate of
Van Buren Democracy, their candidate for
Governor, with the vain expectation that
the “Democracy'’ of Georgia have the num
bers to secure and make good his election.
Tire people, in the exercise of tbe glorious
right of suffrage, will determine at the bal
lot box whether the State of Georgia is to
be another satellite revolving arouud the
orbit of Van Burcnism, receiving all its
heat, light and ability to retain its position
fiom such a polluted source, or whether it
will diffuse light itsef, by opposing the
corruptions of the party pledged to sust in
Van Buren Democracy, and by dissemina
ting and sustaining the doctrines of the
State Rights party, as contained in the
Virginia and Kentucky Resolutions.
No true Republican can hesitate how to
act iu such a contest, particularly if he
has that independence of character which
will enable him to cast aside the shackle*, of
party, and to act for himself. Let him but
examine into the history of that party, now
tied down to the support of Mr. Van Bureu,
arid he will soon become satisfied that his
duty to hi* couutry calls loudly upon him
to -abandon the support of their candidates
for office. What they preach to-day, they
will fail to practice to-morrow. Names
with them are a>si;me without regard to
principles, but lor me purpose ot deceiviug
the unwary, and controlling the elections.
Men 100, aie selected as their candidates
for office, who have held no opinion* in
cominuu with their professed party creed,
but whose sole political virtue consist* iu
giving in their allegiance to Mr. Van Buren,
and sustaining Ins dectiou helbre the |ieo
pie. lleuce the reason that we s<*e this
party, in our owu State, presenting to the
people t|,e name ol Charles J. McDon
ald as their candidate lot the hig>. and
responsible station ol Governor. They pro
fess to be Jeffersonian Republicans! Will
they tell the people when it was that their
candidate gave in his allegiance to the doc
trines ol the Republican Tarty ? Was it
iu the days of Troup's Admimstratio of theu
State Government, when all the powar of
the Federalists was combined and directed
against Gergia, to control her in the exercise
of her own rights! Was Judge McDon
ald then a Republican ? Or was he not
rather ranked among those who applauded
and sustained John Quincy Adams, and who
encouraged the insolenceol Geuer.il Gaines,
when lie though roper to insult George
M. Troup, the Governor of Georgia ? Show
to the people one solitary act of Charles
J. McDonald, in his political career, that
w ill entitle him to the honored distinction of
being a ieffersonian Republican, and the
patty will then have some shadow of excuse
for presenting bis name to the p-onle !
How different is it with the candidate
whom the State Rights Party present to the
voters of Georgia, and ask for him their
suffrages. A long course of public useful
ness lias made the name of Charles
Dougherty lamilar to our people. In ear
ly life we find him. as a politican, acting
with that party known to be truly Repub
lican, and as lie advanced in years, he be
came distinguished among his associates for
the industry, firmness, and talent, with
which he advocated and maintained its
principles No change that has taken place
in the fortunes of party, tio abandonment by
old associates, no inducements held out by
political opponents, no threats, uo abuse, and
no entreaties, have had any effect upon Ins
political opinions or public acts- Firm as
a rock, he has maintained no other than
Republican doctrines! His political history
is unknown to bis opponents. Let them
show wherein be has deviated from a cor
rect course 1 Let them show when and
where it was that he was found advocating
the doctrines of the high toned FederaMstl
Should they be able to do this, then will the
State Rights Party shrink form his support,
and abandon him as a “wolf in sheep’*
clothing!” Bu! this they cannot do. We
are perfectly willing to leave the issue with
the people. With Dougherty and State
Rights, against McDonald and Van Bu
ren Democracy, we fear not the result,
Vigilance, however, should be our watch
word. Our opponents arc on tl.c alert, and
every ex“rtion will be made by them to suc
ceed in the next election. It ; s to decide th©
fate of Mr. Van Buren in Georgia Every
engine will be put in operation to control
the election of Governor. Georgia has
l ong been promised to Mr. Van Buren.
Tbe people have never yet ratified that
promise. Will they do it at the next elec
tion? We answer emphatically, NO!
That same virtue in our people which has
hitherto resisted the iniquitous attempt to
sell the State toauyptrty, or to any man,
let the bargain be made by whomsoever it
may be, still exercises its controlling in
fluence, and upon that virtue we confidently
rely.
MR. FLOURNOY AND TIIE PETI
TION.
An effort to identify the plan of this
gentleman (Mr- Flournoy) to obtain a repeal
of the license l.«w, with parly politics, is ma
king in various sections of the State; and,
in some places, we understand that our
political oiqxinents are striving to create the
impression that it originated with, and is
suppoited exclusively by, tho State Rights
party. Noif this we empirically deny.
We’ care not from what source such a
charge emanates, we distinctly affirm that it
is FALSE, and propagated only for mis
chievous purposes. Neither would wc pre
tend to assert, or even to insinuate, that it is
a movement of our adversaries as a party.
The truth is, that party politics have no
thing to do with it at all; and we regret that
it is made a political question hy any who
either favour or oppose the measure. In*
the election that is to take place (or Govern
or, the candidates, Dougherty ami Mc-
Donald. both occupy the same position with
regaid to Mr. Flournoy’s petition, so that it
will he impossible, for the voters at the polls
to make this question a test, with regard to
either of these gentlemen. In various sec-a
tint sos Georgia, we find the measure sus
tained, and opposed, Vy individuals belong
ing to both parties. In the county of Put
nam, where the question of the repeal o
liginated. it is supported and opposed by
both Union and State Rights men. The
elfort to make it appear that the State
Rights Party present it to the people for
their adoption, that they father the measure
as a party, and as a party will support it,
i* downright absurdity, and mori's unquali
fied contempt. The patty have had no-v
thing to do with it, aud although it meets
with the support as well as the opposition
of many distinguished individuals, who are
State High’s men, yet they act indepen
dently of party organization, and lor their
action, in this respect, the State Rights
Party does not hold itself accountable.
The measure too is supported by individu
als v.-ho belong to the Union Party. Shall
we for this, in those counties where it may
be unpopular with the people, have the
meanness to as*e>t that it is a measure plan
ned and proposed by Uiiiou men? We'
scorn the idea I! State Rights men,
beware! Let not your feelings be excited,
and yonr actions be controlled, by the evil
machinations of those who wish to defeat
your candidates tor office, by fair means,
if they can, if not, by resorting to misrep
resentation, calumny, detraction, and
FALSEHOOD.
We tell you again, that the cjtate Rights
Party have not and i/idl not allow this ques
tion to be connected with their political
movements, and that wherever this charge
is made against them, by investigating the
matter, you will readily discover that it is
used for the purpose ot defeating your can
didates, and electing your political adver
saries. 1 1 not used for this purpose, you
will be ,ible to discover that eitherignorance,
malice, or an uncontrollable desire to propa
gate falsehoods. is the reason this "tubby"
is used.-—Georgia Journal.
From the Columbus Enquirer.
M c r»ON \ LD AND FEDER A LISM.
We have accused Judge McDonald with
being a federalist in principle—of enter
taioing feelings aud opinions at war with
the genins of a republican form of govern
ment, and rendering biin totally unfit for the
Executive station to which he now aspires.
The accusation is a grave one, and wc should
not have made it, were it not susceptible
of proof, and did we not believe it our duty
to place that gentleman in In* tine position
before the people.
Theu is lie a federalist? if we have not
said enough ou tin* point already, we ask
our readers to consider the following bis
tory of the rise and progress of parties,
in the convention of ’9B, by which the pres
ent constitution was framed, were two dis
tinct classes of publicans which ought, pro
perly speaking, to have been uauicu iSute
Rights men and Consol'daiionists. The
former were jealous of the powers of a
geueral government, were afraid if its
centralizing tendencies, and consequently
desired to retain tbe old articles of cuu
federation, with certain modifications. The
Consolidationi Is, on the other hand, eager
to secure a government of general, enlaigeii,
if not unlimited powers, plead the utter
inadequacy oftbe articles of confederation,
and desired anew constitution, abolislii.ig,
to a great extern, the State existences, and
establishing a splendid government, having
a President and Senate elected for life!!
In addition to these parties, was a small
fraction of the convention, who were sty led
republicans, who held the ballauce ol pow
er, and who were willing to have a Uonsti
tution specifically limiting the powers of
the Slate* ami United States, and recog
nizing t ie frequency of elections as one
ol'its must prominent featuies. By the aid
of these, the consolidationists, with Alexan
der ilamilrnn at their head so far succee
ded as to pass a resolution ileclariug the
necessity ol a Federal Constitution. To
render their success more certain, mil to
make it appear that they were the only
friends of the new Constitution, they took
the milder name of federalists w hilst they
laboured to engraft ail their latitudiuaiian,
if not monarihical principles upon that
instrument. In this they failed, and were
consequently driven to the pitiable trick of
having them vaguely inferable. Hence the
corites about strict construction, and lienee
at the first session of Congress the Re-publi
cans by a strenuous ffort engrafted upon
the Constitution that article which declares
that -‘The powers not deligated to the
United States by the Constitution, nor
prohibited to it by the States are reserved
to the States respectively, or to the peo
ple.”
From that time to the present there has
in fact been but two classes of politicians in
•he Union, viz: Republicans and Federal
ists—or strict constructionists and Intitu
dinariaus. Now we ask a caudid public to
which of these classes docs Judge Mc-
Donald belong ? Does he appeal to the
nets of liis life before the public ? On
wliat occasion has he been found with the
Republicans either on the bench, in the
Legislative Hail, or in tbe public Assem
bly ? His numerous votes recotd ti e fact
that he is oo the very outer verge of federal
istn—a con solid agonist in spirit! He be
lieves iu inferred puwe sin the Constitution,
aud consequently in the whole train of
federal doctrine*. Throw down the barrier
of strict construction, anJ you open the wav
for the creation of monopolies on the part
of the general government—you farm out
tbe Union for woil.s of Internal improve
ment— you levy protective tariffs, and draw
the substance of one section to sustain
another—you in fact, abolish the State* at
once, and float off into the great whirlpool
of centralization!! We say that almost
every act ofJudge McDonald’s public life
proves him to be such a politican.
We have seen him voting in favor of the
constitutionality of a V. S. Bank, the very
Institution which now for political purposes tie
abuses us dangerous to the libcrtiisvf the
pi ople.
IVe have seen him vote to barter away the
liberties of his State, by cringing serf
like to the mandates of a federal court!
We hare known him to advocate openly
the constitutionality of a Tariff ’, and its con
sequent tram of miseries to the peo
ple !
We have seen him the open and avowed
supporter of the Proclamation and the bloody
force bill---willing to see the Idreling soldiers
of the general govern lent enforce its unright
ous robberies by the bayonet!
People of Georgia, will you have such a
man as your Chief Magistrate ? lie may
be clever—he nwy be amiable—honest in
private life: nay, he may be talented, but is
'it safe to promote him at the present time ?
Cast your eye upon another column in this
paper, and read there liis vote on the
•Constitutionality of a Tariff, a* contrasted
with that of Judge Daugherty, and ask vottr
selves win 3*> 1 1 vs the mast Suutiier
feelings-—the most Republican principle ?
Remember hat Tims. 11. Beuto‘n, during
L»t February, in liis pb.ee in the Senate
declared that "the very next Congress must
commence rtmodeling the Tariff laws!!"
Consider that all the scenes ai.d trials ot’
’32 may again be witnessed and felt; and
what will be your situation with a stibmis
siouist at the head of affairs, and a federal
ist in the Exec utive chair of the State ? It
is in vain fur the sell-styled Democracy of
the State to attempt to palm off - Judge Mc-
Donald upon the people of Georgia. He
is the second candidate of that party in
immediate succession who has been ob
.noxious to the charge of federalism. They
may use alt their skill in political hocus
pocus, but the people have been too often
deceived again to rush into their em
brace.
Sir—-I was not aware, until 1 persued
vour editorial of last evening, that the oppo
nents of Judge Dougherty had undertaken
to charge him with hostility to Internal
Improvement. Ase w days ago, I received a
letter from Clarke County, io which the
writer, a distinguished citizen of Georgia,
speaking oftbe flattering prospects of Judge
D. in that section, say*‘he will loose some
lew votes, 1 understand, in consequence of
his support of Mr. Gordon’s bill to pro
mote the Central Rail Road.’
Well knowing the course of Judge D. at
the last session of the Legislature, and be
ing his political and perssnal friend, I have
taken occasion tn converse with the Sena
tor from Chatham oh the subject. The
Senator states, that, altho’ he is polirically
opposed to Judge Dougherty, he takes
pleasure in saying, injustice to that geutle
man that his whole course in the last Legis
lature shewed him to be the warm, steadfast
consistent and enlightened friend of every
rational scheme of Internal Improvement
which was brought fownrd during the ses
sion.—Savannah Republican.
Respectfully,
A SUBCKIBER.
~ -1&.
Iu this comity, at the residence of Mr.
Roland Williams, by Charles 11. Warren,
Esq. on Thursday evening last, Mr Bryant
Pace ts Miss Elizibeth J. Williams, all of
this county_
PERSONS having any Books io their
possession belonging tn the subscriber,
will pleass return them to the Mirror Office.
sJuly 37 ii &. J». BARROW
niEn,
In this place, on Thursday the 16th inst,
Mr*. Eliza D. Smith, iu the 3-d year of her
age. Sue survived her uusoaiid, Char.es
Smith 3 years and tlute months. Divine
Providence spared her to see all her chil
dren raised, ami to wttiie!.* the mainagc of
her youngest ilmighter, which look puce on
the night she w s seized wild Uie uucase
that terminated in her death. For e.evea
years she had been a consistent cLristaio
aad a membt rof the M- E. Church. She
was a ‘aithful friend and a kind and affec
tionate Mother. "Blessed are the dead
who the Lord , even so saith the spir
it, tor they rest from their labors.”
tL/“Th« Milledgevilie papers will confer
a favor, by | üblishiug the above, for the
informatiou of the friends ol the deceased.
PRESENTMENTS
Os the Grand Jury of Lee county, August
Term, 1839.
7T7HE Grand Jury, sworn chosen and se
-L letted for ttie county aforesaid, iu con
stderilion of the increased wealth and busi
ness of our county, and especially of accu
mulation ol causes in our Court, lenders it
almost, if not quite impossible, to dispose
ot ihe docket, in tbe short lime of the ses
sion now allowed bv the Legislature. We,
therefore, request our uext members tu use
their endeavors to procure the passage olan
act enlarging tlie time to our court; and we
would further request our said members to
give their aid in the next Legislature to the
formation of another Judicial District, to ho
composed of a part of the Chattahoochee
and Southern Circuits. We found tills re
quest upon the vast increase* ol litigation in
those two circuits; in increase, which, in
our opinions, exact from the Judges thereof
a degree of labor wholly disproportionate to
that of ar.y other Judges in the .State, if not
entirely beyond, what in equity and liberal
justice, they arc bound to peiloim.
We request our next S rn for and Rep
resentatives to endeavor to have an act pass
ed, authorizing tbe Inferior Court of the
county to lay an extra tax of one hut died
per cent upuu the ordinary county tax, lor
county purposes.
We tender our thanks to his honor. Judge
Wellborn, for the able, impartial and orderly
manner which he has conducted the busi
ness of the present term : and also, to Mi.
Beuning, the Solicitor General, for the
prompt and attentive discharge of his duties
and for his courtesy to this body.
We request that our Presentments be
published iu some public Gazette of this
•State.
ROBERT CRAWFORD, Foreman.
Charles Ingram. Noa'i P. Lee.
‘ireeu Knows. Wm. W. Havstd-
Leonard S. Acre. John Ruberis.
Robert C. Gepsou. Daniel La«hou.
Alnorana Brunswn. Henry Gisinaaner.
Waiter P. Thomas. William Howard.
George S. Oglesby. Benjamin Ramsey.
Isaac Tison. Joseph Gluten.
Turner Jenkins. Win. W. Tison.
James Buckalovv. Robert G. Ford.
Andrew Tison. Dudley Smea.
It is ordered, that the foregoing Present
ments be published in 1 lie Columbus Enqui
rer and Georgia Mirror.
A true extract from the minutes, Septem
ber 8,1839.
__ SAMUEL C. WYCHE, Clerk,
GEORGIA —Lee County.
Pule Nisi, to foreclose a Mortgage, in Lee
Superior Court.
James L. Ross, )I T appearing to th*
vs. v A Court, on the pe-
Thomas Butler, y lition of James L.
Ross, of file in this Court, that Thomas
Butler, then and still of the county of Bald
win, in said State, on the fifth day of Janu
ary, in the year of our Lord, eighteen hun
dred and thirty-seven, iu the said county of
Lee, made anil scaled, and then and there
delivered to the said James L, Ross, his cer
tain mortgage deed, bearing date the day and
year aforesaid, theieby mortgaging to the
said James L. Ross, the two lots or tracts of
land, known as the lots numbered two hun
dred and sixty-one and two hundred and se
venty, in the fourteenth district of the coun
ty of Lee; (the word fourteenth, in said
mortgage, abbreviated and written fourth,
but intended fourteenth;) and both of said
lots together, containing four hundred and
five acres of land, more or less, the better to
secure the payment of a certain promissory
note, beaming date the same day and year
aforesaid, which the said Thomas Butler had
then and there made and delivered to tha
said James L. Ross, whereby, by the first
day of February, eighteen hundred and thir
ty-eight, the said Thomas Butler promised
to pay the 6aid James L. Ross, or order, the
sum of two thousand dollars, with interest
from the first day of February then next,
for value received, and which said mortgage
deed and promissory note, are uotv here, pro
duced in Court; and, it further appearing
to the Court that the sum of eleven hundred
and eighty-three Dollars and filiy-nins cents
principal, besides interest thereon, from the
ninth day of January, eighteen hundred and
thirty-nine, is still due on said note and un
paid, and the said James L> Ross having
prayed the foreclosure of the sai l mortgage
in terms of the statute in such cases provi
ded ; and whereas, the said James L. Ross
is about to file Ins bill for the purpose of te
forming said mortgage deed, '
It Is, on motion of James M. Kelly, attor
ney for said petitioner, ordered, that the said
Thomas Butler do pay into court, within six
months from ini* date, the principal, inter
est and cost due on said mortgage, nr show
cause to the contrary, and that on his failing
so to do, the equity of redemption in and to
said mortgage premises shall be henceforth,
forever barred and foreclosed.
And it is further ordered by the Court,
that the said Thomas Butler be servod with
a copy of this rule three months previous
to the next term of this Court, or that ser
vice of the same be perfected by a publica
tion of this rule once a month for 4 months,
in some piudic gazette in this State, previ
ous to said term.
A true extract from the minutes of the
Superior Court, this 4th September, 1839.
SAM’L C. WYCHE.CI k S-C.
ni4m 24
GEORGIA —Lee County.
WHERE AS, Ann Mercer applies to me
for letters of Administration on the
estate of Silas Mercer, late of said county,
decease!.
This is, therefore, to cite and admonish
all and singular, the kindred ami creditors
of said deceased, to be a id appear at my of
gee, within the tinm |>rescribe(l by law, to
shew cause, if any they have, why said let
ters should not be granted.
Given under rny band at office, this 4th
September. 1 a 39.
RAM’L C. WYGiIE, e. c o.
Notice: ~
ALL persons are cautioned against ha
ding with William A. Smith, on my
account, or with the expectation of my pay
ing any of his contracts, as J am determin
ed not to pay any of them
-vSe#* 34 3t A- Sarr*.