The mirror. (Florence, Ga.) 1839-1840, September 21, 1839, Image 3

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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*.