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I.
THE GEORGIA MIKUOK
IS PUBLISHED EVERY SATURDAY,
lly H. (<iardaci a A J. 1.. Hull,
( Editors and Proprietors.)
At rHREE DOLLARS a year, if paid in
.advance, or FOUR DOLLARS, if not paid
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Advertisement# will be conspicuously
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01 less,) the first, and 50 cents for each sub.
sequent insertion.
All advertisements handed in far publi
cation without S limitation, will be published
■t It forbid, and charged accordingly.
Sales of Land and Negroes by Execu
.» s Ad ninistrators and Guardians, are re
paired by law to be advertised in a public
(l.i/.ette, sixty days previous to the day of
»- lie.
The sale of Personal property must be
ojver ise l ' in like manner forty days.
Notice to Debtors and Creditors of an
e-tate must be published forty days.
Notice that application will be made to
t le Court of Ordinary for leave to sell Land
,„,d Negroes, must be published weekly for
i ur months.
jj* All Letters on business must be
i ,ist paid to insure attention.
WHO WA NTS BKTTEII EV I
I)EN(' K? —lwould refer tlie read
ing public i.» me oumorons voluntary letters
pubtisiied recently iu tliis paper an I iu ti e
Good Sa mi I nan relative toms happy and
bene.ic ial elects of the administration of
MOFFIT’S LIFE FILLS AND PHE-
NiX RITTERS.
Those who have perused the letters above
referred to "ill observe that in almost every
case they attest the fact, that no iiicouvon
iencc ol any suit aitcnds the taking ol these
medicines, in ordinary cases, but that ilie
.patient, without feeling their operation, is
univcr-ally left in astronge- and bettor stale
if health*iiia:', was experienced previous to
being billeted with disease, and m all eas s
of acute so ft ••ring, great relief is obtained
iu a tew hours, and a cure is generally el-
Ceeied la two or three days.
In eases of FEVER ol ev v* ‘description,
,-m.l all bill.Hi- atfccllOUS. it is unnecessary
1 ,r me to say aught, as I believe (be LI h K
;vl E Die IN KS »r« now uoivm-aliy admit ted
to b : the mast speedy and edetual cure ex
tant ill all diseases id that class.
The LIFE .MEDICINES ac also a
most cxeelb'vit >olie( ill affections «. the L.i
sef ,:»id Bo vels, as Ins bceVi proved in ban
Ureds of eases where paticuta have <>'•<;
fu » ard and requostod ihctr experience in
taking them might o« published liu the be i
efu of otli'is. In litei-r oix-reiioii in such
cases, they restore I lie tone ui the Stomach,
lengthen the dige live orga is. and iuvign
).*te tlie iTt'iH'val f uiictiLiis ol ihu wliok-l)o.l)
end ihb bci time to both sexes (Ini they are
perfectly adapted to each) .an invaluable
means of pcVciiiing disease and restoring
health. , , . .„ .
in nil’ elions o( the head, v. nehri n< -
K imp nned with pain and giddiness, or mar
ked by the grievous calamity ol impaired
immtal energy ; in pa'pitations o< the heart,
fiat.ilcnce, hiss <>f appetite, and -trenglh,
and he multiplied svmtoms ot dison ere.l ill
gestion, THE LIFE,MEDICINES will
be found lo possess the must salutary ch.ca
-1 ’(institutions relaxed, '.v tT decayed,
in npu. or women, are under the immediate
influenceof THE Lit* E .UEDk I.
Old coughs, a ttunas, and consumptive ha
id!S are soon relieved and speedily cured.
Poverty of blood, and rmatistAi limbs will
ere long meet the happiest change; me
chill waterv fluid will become rich and b:d
samic, and the limbs covered with flesh, ludli
find healthy ,
Nervous disorders of every Kind, and horn
whatever cause arising, fly before the ef
fects of THE LIFE MEDICINES, and
all that train of sinkings, anxieties, ant tre
tnonrs which so dreadfully affect the weak,
the sedeutaiy, and the dedicate, will in a
short time be succeeded by cheerfulness,
and every ol health
✓ For weakness, deficiency of natural
strength, and relaxation ol the vessels, by
ton frequent indulgence ot the passions, tins
medicine is a safe, certain, and invaluable
remedy.
Those who have long resided in hot cli
mates, and are languid anil relaxed in their
whole system, may take TIIE Llf E ME
DICINES with the happiest effects; and
persons removing to tiie Southern States or
West indies can not store a more important
article of he .th and life.
The following cases are among the most
recent cures effected, and gratefully ac
knowledged by the persons benefited :
Case of Jacob C. Hunt. New Windsor,
Orange couuty, N Y—A dreadful tumor
destroyed nearly the whole ol li is face, nose
tand jaw. Experienced quick relief from the
use of tlie Life Medicines, and in less than
three months was entirely cured. (Case
reported, with a wood engraving in anew
pamphlet now in press.)
Case of Thosmns Purscll, sen r 84 years
ofage—was afflicted 18 years with a sw ll
ing in his legs—was ent.rely cured by tak
ing 42 pills in three weeks.
Cese of John Daulton, Aberdeen, Ohio;
rheumatism five years— -is entirely cured—
has used the LIFE MEDICINES lor
worms in children, and found them a sove
reign remedy.
Case of Lewis Austin, periodical sick
headache, always relieved by a small dose,
now entirely frt;e from it.
Case of Adou Ames ; cured of a most in
veterate and obstinate dyspepsia, and gener
al debility.
Case of Adah Adams. Windsor, Ohio;
rhnematisin, gravel, liver Affections, and gen
eral nervous debility, hail been confined se
ven years; was raised from her bed by tak
ing one box of pills and a bottle of bitters ,
‘V most extraordinary cure: she is now a
very healthy and robust woman ; attested jy
her hnsoand Shubel Adams.
Case of Mrs. Rjdger, wile of Joseph Laa
ger, nearly simeiar to the abjve, result
the same.
Case of Goodarant, a young unmarried
THE MIRROR.
woman, subject to ill health several years;
a small course ofthe Lite Medicines entire
ly restored her; is now hale and healthy.
Case ot Miss Thomas, daughter of
Eli Thomas; cojgh aud symtoms of con
sumption; cured in four weeks. Her sis
ter cured of a severe attack of iuflamatory
rheumatism in one week l
Case of S. Colvin ; cured of a severe at
tack of the scarlet (ever in a few days by
the Life Medicines.
Case of Harriet Twogood, Salina, N. Y.
was in a very low state ol'health a year and
a half; did not expect to recover. Miss T.
is now able te walk about and is rapidly re
covering both health an I strength.
Case of Benjamin J. Tucker; severe
case of fever and ague; cured in a very
Imrt spiicfi of time. Direction followed
strictly.
Case of Amos Davis ; Affection of the Li
ver; after trying doctor’s remedies in vain
for a long time, was cured by the Life Me
dicines without trouble.
Extraordinary case of Lyman Pratt, who
was afflicted with Phthisic 20 years; effect
ed a perfect cure iu 24 hours by Ilie use of
the Life Medicines.
Thousands of persons afflicted in like
manner, have by a judicious use of MOF-
F»T’S LIFE PILLS and PHENIX
BITTERS, been restored to the enjoyment
ot ill the comforts of life. The Bitters are
pleasant to the taste and smell, gently as
iringe the fibres of the stomach, and give
that proper tensity which a good digestion
requires. As nothing can be better adapted
to help and nourish the constitution, so
there is nothing ackn'owled
god to be peculiarly efficacious iu a I in
ward u astings, loss of appetite, ind geStion,
depression of spirits, trembling or shaking of
the hands and limbs, obstinate coughs,
shortness of b.-eath, or consumptive habits.
The Lite Medicines possess wonderful
efficacy in all neivous disorders weakness,
heaviness an I lowness of spirits, dimness ol
sight, confused thoughts, wandering of the
mind, vapour aud melancholy, and all kinds
of hysteric complaints are gradually remov
ed by their use. Iu sicknessof the stomach,
flatulences, or obstructions, they are safe
and powerful, and as a purifier ofthe blood,
they have not their equal in the world.
For additional particulars of the above
medicines, see Moffat's “Good Samaritan,”
a copy of which accompanies the medicin
a copy can always be obtained of tiie differ
ent Agents w ho have the medicine lo: sale.
French, German, and Spanish directions
can be obtHued on application ar (lie office
375 I! road tv ay.
All postpaid letters will receive and
ate attention.
Prep red and sold by WILLIAM B.
MOFFAT, 375 Broadway, N. Y. A libe
ral dv ‘notion made to ih“s» ~„—i.
to sell smiu.
AGE NTS —ThcLifc Medicines may also
be hail of any ot the principal 1) ug'iitsin
every town throughout the United States
and the Canadas. Ask for Moffat’s Lile.
Pills and Phenix Bitters ; .ami be sure that
a lac similie of John M«»fl u's signature i
upoll the label o! each bottle ol Bitters or
box of Pills
ijy 25 * l’hesc valuable Medicines are for sale
by Mr. Thomas Gardner. Florence, Ga.
Jan. lti. 1840 ts 41
The arttcl polished l)c!ow. once ring
ills new an I popular doctrine advanced by
he illustrious Goeliekc, of Germany, eiAlnot
fail of exciting a deep and thrilling interest
throughout our country.
IVtatclilcss Sailat*vc
FOR CONSUMPTION.
*3
[ Pranal"ted from the. German.]
LOUIS OFFIOIGNCOFKE,
SM or UA.N V
THE GREATEST OF HUMAN BEN
E FACTORS.
Citizens of North and South America ,
r jMO Louis OrroN Goelicke, M. D. of
JL Germany, Europe belongs the imperish
able honor of adding a new and precious
doctrine of the Science of Medicine—a
octrine which, though Vehemently opposed
by many of the faculty, [of which he is a
valuable member,] he proves to be well
founded in truth as any doctrine of Holy
Writ—a doctrine, upon the verity of whice
are suspended the lives of millions of our
race, and which he boldly challenges his op
posers to refute, viz ; Consumption is a dis
ease always occasioned hy a disordered stale
of Vis Vitae (of Life Principle) of the human
body: QjT’ often secretly lurking iu the sys
tem for years before there is the least complaint
of the Lungs c Jf)—and which may be as cer
tainly, though not so quickly cured, as a com
mon cold or a simple headache. An invalua
bly precious dectrine this as it imparts an
important lesson to the apparently healthy
of both sexes, teachin g them that tliis insid
ious foe may be an,unobserved inmate of
their ‘-clayey houses ’ even while they ima
gine themselves secure from its attacks,
teaching them that THE GREAT SE
CRETIN THE ART OF,PRESERVING
HEALTH IS TO PLUCK OUT THE
DISEASE WHILE in THE BLADE,
AND NOT WAIT TILL THE FULL
GROWN EAR.
This illustriousocnefactor of man is also
entitled toour unfeigned gratitude, and the
gratitude of a world, for the invention of
bis MATCH L ESS SAN AT IV E, —whose
healing fiat may justly claim for it such a
title, since it liasso signally triumphed over
our great common enemy
TION, both in the first anJ last stages,--a
medicine which has throughly filled the va
enum in the Materia Medica, and thereby
proved itself the or Piiysi
ciAris^Q) —a medicine, for which all man
kind will have abundant cause to bless the
beneficentband of a kind Providence, —a
medicine whose wondrous virtues have been
so glowingly portrayed even by some of our
clergy, in their pastoral visits to the sick
chamber; by which means they often be
come the happy instruments ofehanging de
spondency into hope, sickness into health,
and sadness of friends into joyfulness.
qqq q q
GOELICKE’S isn medicine of morevalue
to man than the vast mines of Austria, or
even the united reasures of our globe,—a
medicine, which is ob. lined eyually from
asoo*
the vegetable, animal and mineral kingdoms,
and thus possesses .! three-fold power,—
a medicine, which thuugn designed as a
remedy for consumption solely, is possess
ed of a mysterious influence over many dis
eases of the I .man system,—a medicine,
which beginfs to be valued by Phyyicans ;
w! j are daily witnessing its astonishingcures
of many whom they had resigned to the
g’aspot the Insa ii able Grave.
DOSE of tlie Sanative, for adults, one
drop ; sos children, a half drop; and for in
ants, a qnarterdrop ; the directions explain
ing the manner of taking a half or a quarter
drop.
<5 q q b
A certificate from three members ol the
MEDICAL PROFESSION in Germany,
in Europe.
We, theundersigned, practitioners of me
i dicine in Gen ry are well aware that, hy
our course,)» nay forfeit the friendship o
some of the oil ly. but not of its benevof
lent mcnihen vho are uninfluenced by sel
fish motives. Though we shall refrain from
an expressio of our opinion, either of the
soundness c „nsoundness of Dr.Goelicke’s
new ~ doctrin«. we are happy to say that we
deem his Sanative too valuable not to be
generally known—for what our eyes behold
and our ears hear, we must believe.
We hereby state, that when Dr. -Louis
Oft'on Goelieke first came before the German
public, as the pretended discoverer of anew
doctrine and anew medicine, we held him in
tiie highest contempt, believing, and openly
pronouncing him to be abase impostor and
the prince of quacks. But, on hearing so
much said about the Sanative, against it and
for it, we were induced, from motives of cu
riosity merely, to make trial of its reputgd
virtues upon a number of our most hopeless
patients; and we now deem it our boundeu
duty (even at the expense of our self inter
est) publicly to acknowledge its efficacy in
curing not only consumption, but other tear
ful ma'adies, which we have heretofore be
lieved to be incurable. Our contempt for
the discoverer of this medicine was at once
sw allowed up in our utter astonishment at
these unexpected results; and, as amends
for our abuse of him, we do frankly confess
to the world, that we believe him a philan
thropist, who does honor to the profession,
and to our country, which gave him birth.
The recent adoption of tois medicine into
some of our European hospitals is a suffi
ont guaranty that it perforin* all its promises.
Tt needed not our testimony for whe rit
is used n is its ..awn best witness.
HERMAN ETMULLF.Iv, . 3.
WALTER VAN GAULT, D.
ADOLPHUS WERNER, D.
Germany, December 10 1 • '
h lb k
Post Office Chaplin, Wind-haul, Cos, Con.
July 20, 1838.
Sir—A most wonderful cure Ins lately
becncffci led, through the virtues of Dr. Go
click’s Sanative, Fn the case of an elderly
gentleman, who w asfarg - ne and wasted away
in CONSUMPTION, and considered
PAST RECOVERY PY HIS FAMILY
PUVSICAN. He is now compare lively
speaking, a WELL MAN. I saw him
myself* few days since, in company withMiis
wife stalling oil a journey to the western
part of this State, lie ascribes his escape
from the very jaws of death, and his recov
ery to Irealth solely to the astonishing vir
tues of the Matchless Sanative. He is a
man possessing a sung property, but, says
« -1 WOULD WILLINGLY PAY
ONE THOUSAND DOLLARS FOR A
SINGLE BOTTLE OF IT, IF I COULD
NOT PURCHASE IT FOR A LESS
PRICE. To himthe Sanative is above all
value. WATER GOODELL, P. M.
The above Medicine for sale, by
THOMAS GARDNER. Agent.
kMnrrnee. Jbii 24)
PROPASALS
For publishing in the loan of lrwnfon, Al
abama, a weekly Newspaper, lobe entitled
the
1 IS W I\ lO\ C 3l ISo\K( LE
HAVING heard many complaints of tho
want of a Newspaper in tins town, (te
be conducted in a gcutleinaiily-like manner.)
the undersigned have been induced, by the
earnest solicitations ol many Iricuds, to em
bark in (tie undertaking.
In assuming the duties consequent upon
such an enterprize, we leel deeply consc ions
of the responsibility which will devolve up
on us; and knowing, too, the diversivof
the human mind, we cannot flatter ourselves
that we will be able to please all. But,
so far as our humble abilities extend, we
will, at all times be found striving to elevate
the standard of troth and correct moral
principles. It will be our object to ad
vance the prosperity of the Eastern section
of our State, abounding, as it does, in so
many natural advantages, and. as a necessa
ry consequence especially to promote the
interest of our own town. Our -aim will be
to render our paper useful and valuable to
all classes of the community—in short Lit
erature, Useful Information, Agriculture,
Foreign and Djmestic Intelligence, will each
receive a due portion of our attention.
In regard to Politics, we deem it neces
sary to say, that we shall give the general
Political intelligence of the whole country,
while, at the same time, as conductors of a
Free Press, we will fearlessly, and without
favor or affection, advocate and support all
such measures as will, in our opinion, pro
mote our general prosperity as a people, and
the perpetuity of our rights and liberties. -
Our paper will be purely Republican, as
practised by those great Apostles of Liberty,
JEFFERSON aud MADlSON—prefering
them as our guide, rather than the new
light, sr.LF-STiLED Democratic Republi
cans of the present day. We are “strict
constructionists” of the Federal Compact,
and shall, therefore, oppose all schemes of
Internal Improvement, except by the States
themselves, as a part of tiiat “American
System” which has proved so ruinous to the
South, and which was attempted to be fas
tened upon us, under that most plausible
and specious pretext, the “GENERAL
WELFARE.” Believing, as we do, that
it is the duty of every good citizen to cher
ish with jealous care the “Union of the
States, and the Sovereignty of the
States,” and as this cannot be done without
a strict adherence to the Constitution itself,
we shall not be sparing in ourdenunciations
of the attempts which are and have been
made by the late as well as the present Ad
ministration, to control, uot soly the mon
ied facilities of the Government, but ot the
entire country. With regard to the ques
iun which is now agitating the country rela
ivelo the Currency, we now, unhesitating
ly declare our hostility to the thrice-reje , “*
ed Sub-Treasury System, tending as it doe»
iu our opinion, to an increase of Executive
power, which has already been claimed ahd
exercised to an alarming extent, in more iw
stances than one, if not hy the present n»
Ciimbent, by his immediate predecessor, in
whose “footsteps’ oe is endeavoring to uead
We expect to encounter many perils, ma
ny adverse winds ; yet aided by the strong
breath of public favor and support, the trade
winds of our world must watt us clear of our
troubles—we dare raise our knclior, unfurl
our sheets, and venture boldly upon our new
snd untried course. What shoals and qnick
aands, what rocks and hidden perils await us
,‘alas, we know not!” Let us but clear ibe
narbor ami get fairly “under way,” iben we
w ill fear nothing. Nor is this the vain boast
made when danger is yet io the distance.
It is our firm determination, mad' alter se
rious thought, and weighing well the diffi
culties we are to meet with.
The Chronicle will be issued as early as
the necessary materials can be obtained
from New York, which will be in Decem
ber or early iu January next. It will be
printed on a large imperial sheet, contain
ing twenty-four columns, with entire new
type, and will not be surpassed in beauty by
any paper in the Southern country.
JACK HARDMAN,
RICHARD RUE MOONEY.
TERMS. —Three Dollars per annum,
ayab\e invariably in advance.
lrwinton.Ala. Oct. 10, 1839.
_____ jp @m a \r.
From ihe Southern Literary Messenger .
MY COUSIN MARY BELL.
TuSk —“ Siltin on a Hail.”
Her eyes arc bright as morning beams,
First sparkling o’er the mountain streams;
The living image of my d.earns,
Is cousin Mary Bell,
The pretty Mary Bell,
The merry mountain bell ;
“A lovely thing” the stranger deems,
,M JI Mary Bell
White as yen white cloud floating by.
Is Mary's brow, and nobly high.
Thy cheeks are like the evening sky»
My cousin Mary Bell.
My blushing Mary Bell;
My laughing Mary Bell,
Thy ruddy lip allures my eye,
My cousiu Mary Bell.
When she her silken hair unfurls,
Adorned with rows ol shining pearls,
It forms a cape of auburn curls,
For cousin Mary Bell,
The gtaceful Mary Bell,
The modest Mary Bell;
Among a host of lovely girls.
bihe is the reigning belle.
Her form is tall, she moves along,
The queen among the maiden throng;
Tile text of many a suitor’s song
Js cousiu Mary Bell.
The pretty Mary Bell,
The witty Mary Bell;
Love grant that I may not be long
From cousin Mary Bell.
Her heart is pure as crystal ti le
That gurgles from the mountain’s side;
lier father's hope, her mother’s pride,
Is cousiu Mary Bell,
The prudent Mary Bell,
The careful Mary Bell;
My love, and my affianced bride,
Is cousiu Mary Bell.
o. b. vv.
Middletown, ’ Va. 1840.
; POLITICAL
LETTER FROM lION. M- A. COOPER
to gov. McDonald.
Washington, 20th Jan. 1840.
To his Fact), C. J. McDonald,
Gov. ofthe Stale of Georgia :
Sir—l had the honor'to receive your
communication ot the Bth inst. covering
the preamble aud resolutions ot our Legis
lature, approved the 24ili ot December last.
These have been forwarded to us pursuant
to instructions ot tue Legislature, ibey
contain a request that their Representa
tives here would endeavor “to have the act
of Congress,* [Kissed on the 12th February
1793, to carry into effect the second sec.
tiou ot the 4ifiarticle ol the Constitution ol
the Uuited Slates, so amended as to author
ize the demand ot a fugitive, in the cates
contemplated, to be made upon tha Circuit
Jude of the Uuited States having jurisdic
tion m (lie Slate wherein such lugmve may
be found. 2ndly. To require said Judge,”
thereupon to issue his warrant, directed to
the Marshal of the United States in such
State, requiring him to arrest the person
therein named. 3Jly. To require said
Marshal •‘forthwith to execute the s.une.—
4Lilly. To make it obligatory ou said Dis
trict Judge to surrender tiie fugitive so
charged and demanded, lo the Executive ol
the State or Territory where the offence is
alleged to have been committed.” A re
spect at all times due to the opinious and
acts of the Legislature ot the State we re
present, lias commanded horn me that care
ful and diligent examination ot the subject,
which its gravity demands.
The evils, which the proposed amend
ments are designed to remedy, exist in the
following state of tacts. In May, 1837, a
slave named Atticus, the property oi James
and Henry Sagurs. of Savannah, Georgia,
was conveyed Iroin Georgia to Maine, by
Daniel Phibrook and Edward Ketlerau, cit
izens of Maine. Thu former was Master,
the latter. Mate, of the schooner Boston.
1 This vessel had recently entered the port
ufSavannah.
(j u the lffth June, of (hat year, Janies
Sagurs, on his oath, applied tor and obtain
ed from 3 magistrate of Chatham county,
Georgia, a Warrant for the arrest of Ptiil
brook and Ketlerau, charged with “ a telo
ny under the laws of Georgia; ” to wit, liuit
of inveigh"!* stealing taking aud carrying
away without tiie hunts ol the State of
Georgia, the slave Atticus. Uu tliis warrant
a return of “ not to be foiiud iu the couuty
ol Chatham*’ was made.
On the 21st ot tm- month, Governor
Schley, of Gcoigia, demanded ol Governor
Dunlap of the Slate ol Maiue. the persons
of Plnlbrook and Kelleran, charged with tue
said offence, as luyitives rom the justice
ol Georgia. A copy ut lire artiadavis, war
rant and return thereon, accompanied tliis
demand.
The demand was made by virtue of that
clause ofthe constitution* lo enforce which
federal legislation is called for. It reads
thus:
‘•A person charged iu any State wiih
treason felouy or other crime, who shall
flee from justice, and be louud tu another
State, shall, on demand ofthe Executive
authority of ihe Stale from whicb he tied,
be delivored up, to be removed to the state
having jurisdictiou ol the crmis. — HU. sec.
4 than.
To this demand, Governor Dunlap repli
ed, declining to cause these (ugl'ives to be
delivered up. This act ol his was, iu De
cember, 1837, declared, by the Legislature
ol Georgia, lo be “dangerous to the rights
ol the people ol Georgia, and directly aud
clearly in violation ol me plain letter ol ilie
constitution; lhat the Sla'e ol Georgia be
came a pariy lo ihe Federal Constitution,
no less for the protection ol her own, Ilian
the common rights and interests ol all; and
lhat when lliese ends arcdelealed, she is re
leased from the obligation of lhat compact ;
aud it has become her righ*. and her duty
to provide [no e .'tion lur her people in her
own way.”
The same resolutions directed the finding
of an indictment, w inch should become the
loiimlaliou ol a renewed demand of those
fugitives—winch demand being again refus
ed, should make it the duty ol the Governor
of Georgia to transmit tliuse resolutions to
the Legislature of each State, and the Sen
ators and Representatives in Congress.—-
They also declare, that if the Legislature
of Maine* at tue next session thereafter,
should “iicglect to redress the grie ances
complained of, then that the Executive of
Georgia announce the same by proclama
tion, and call a convention ol the people to
lake into consideration the slate ot the com
monwealth of Georgia, and devise me
course of her future policy, and to provide
Jifltguards tor the <*■• :
of Ilie rights of her people.”
On the 7th February, 1838, an indict
meut against Thilbrook and Kelleran, charg
ing them wuh a felony, was verified by a
Grand Jury of Cfialham county, Georgia.
On me 27th of April thereafter, Governor
Gilmer, the successor ol Governor Schley,
made a demand on Governor Kent, ihe suc
cessor ol Governor Dunlap. A copy of the
indictment, aud of the pioceediugs it was
founded on, accninpjnned this demand.
Ou the 26th ol June, Governor Kent de
clined to deliver up the fugitives, so deman
ded by virtue of tiie Constitution and laws
of the Union.
On the 19th ol August, Governor
Gilmer addressed Governor Fairfield, the
successor of Governor Kent, desiring to
know the course Maine had adopted on the
subject of the resolutions ofthe l-egislature
of Georgia. lie received far answer, that
their Legislature deemed it inexpedient to
legislate on tiie subject, since it belonged
to their Executive Department.
In 1793, Congress passed a law, declaring
by whom, on whom, and iu what manner, a
fugitive Irom justice, under the 2d sec. 4m
article of the United States Constitution,
should be demanded, in these words, to
wii:
“ That whenever the Executive authori
ty of any state in the Union, or ol either ol
ih Territories, North, W cst or South of me
river Ohio, shall demand any person as a
fugitive from justice, of the Executive au
thority of any such State or territory, to
which sueh person shall have fled, and shall
moreover produce the copy of an indiement
found, or an affidavit made before a magis
trate of any State or territory as aforesaid,
charging tlie person so demanded with hav
ing committed treason, felouy, or other
crime, certified as authentic by the Govern
or or chief magistrate ofthe Slate or Terri
tory from which the person so charged lied,
it shall be the duty of the Executive au
thority ofthe Stale or Territory to which
such person shall have fled, to cause him or
her to be arrested aud surrendered, and no
tice of the arrest to be given to the Execu
tive authority making demand, or to the a
gent of such authority appointed to receive
the fugitive to be delivered to such agent
when he snail appear.”
By the laws of Georgia, feloniously taking
and Carrying away a slave is a crime, pun
ished by confinement at hard labor in the
Penetentiary.
Under this state of facts, the evil ware
under s-ieins to be this : That the property
of the people ofGcorgia may be stolen and
carried to a 6ister State with impunity:
That the authorities «f the State to which
the theif shall fiee, will protect him against
pursuit, and against ihe justice ot Georgia,
in the face of the Constitution.
The law 0ff793 has been strictly pursued.
If that could give virtue or validity to the
demands of the Governor of Georgia, then
was none wanted. Still it appears, the law
is disregarded, and the Constitution of the
country violated.
Are constitutional obligations vyenk ? And
have they ceased to be a rule of duty ? Or
is the law of 1793 defective in such particu
lars as are susceptible of amendments ren
dering it inefficient ?
The law is defective in this: It is mrre
ly declaratory, carrying no sanction with it.
It prescrioes a duty on an Executive o r
a State, which Congress has out power tft
do. It is Mere fore nugatory—not binding
on a State, and cannot **e made so by an
act of this Government. J>o has the Govern,
or of Maine considered if. This would be
true of any law that might be attempted on
the subject. Could those who passed that
law have been ignorant that all laws iuipos-
sa*
sing duties, or commanding an act to be
done, are nugatory or inefficient w ithout *
sanction? Why then did they not direct
what should be done w ith a State whose
Governor might refuse? The «niy answer
is that they then held, what we now believe
that a State cannot be coerced, in a case
where she exercises the right of judging.
But your Excellency and the Legislature
think there is an amendment, which tliie
Government is competent to enact, that
would be efficient, or might remedy tho
evil. On this subject 1 have the misfortune
to differ with your Excellency and
gislature, in such sort as that duty to ireise
1 represent, and to the supreme law I ;rtn
sworn to support, n quires me to decline
presenting the resolutions, or attempting to
procure the proposed amendments.
You say that the third resolution, “ifearri
ed out by an act of the federal legislature,
tvill deprive the authorities of any State of
the pow« ref refusing to suirender a fugi
tive upon demand because the act (barged
upon him as a crime may not he recognised
as a crime in a State or Territory to which
he may have fled.”
The principle here assumed by your Ex
cellency, is one 1 cannot act on, believiug,
as l do. that Congress cannot deprive the
States of uy power they may have. This
stipulation iu the 2d sec. 4th art. of tho
Constitution, is nothing more than an rgree
ment between the States, evidenced by the
solemn forms of the federal cempact; and
as result of our form of Government the fed
eral power has no authority to enforce it, or
punish its violation. Its execution rests
with the States, and will he observed with
fidelity, or broken with iiulefference, arcor
ding as the State called on may feel or dis
regard the obligations of tier constitutional
cnyagementß. In the case before us. Mains
seems not to feel, but to disregard her ob
ligations. This if other pariiesto the com
pact were interested , would probably lead
to hostilities, being just cause for war be
tween nations—With u» the effect is the
same, unless averted, should ihe pcojffe of
our State refuse to submit to this denial of
their right of propeny.
Assuming that the evil arises from a de
fect ofthe law of 1793, you propose to alter
it so as to require the “demand” to be made
on thejudicial officers ol this Government,
instead of being made on the officers of tha
Stale. To enlorce the “delivery,” you pro
pose lo use the Judg's warrant in the hands
of the U. S. Marshal. And by the 3d res
olu'ion, on which you place so much reli
ance. it is proposed, “to make it obligatory
on the said District Judge to surrender” the
fugitive.
In doing this, you must provide that, io
hisjudgm -tit, it is right lie should be sur
rendered, (or thinking he ought) that the
** _ I t,uu
that the State would first surrender the
man to him, or (refusing) that the President
and Congress would give the army and navy
to command him into his custody. All
these provisos involve important principles,
most ol which we disavow. Yet they are
distinctly couched iu the policy of the pre
amble aud resolutions.
Upon what do they go ? Evidently on
these grounds .* That Congress inay give
to I lie Federal Judges jurisdiction over this
subject. 2dly. That the State to be acted
on, w ill submit. 3dly. If she refuse, that
the Federal Government will drive her to
it.
By tiie preamble it is mitintuined : That
this 2d sec. 4tii art. is a “conventional”
agreement between the States ; That tho
‘‘Sovereign States,” gave to the Federal
,Government “all the powers necessary and
proper,” to reguiate their “intercourse;
That the pursuit and arrest of a “fugitive
from justice,” is a part of that intercourse
And that it is “necessary and proper” that
the Federal Government should have the
[tower to do what you propose to ask them
to do. From these positions, is then asser
ted the existence ol such power, and we are
thereupon requested to invoke its aid.
Tliis inference of “powers,” by what is
deemed “necessary and proper,” when
no power is specified or enumerated, is at
variance with the idea of limited and delega
ted “powers.” It is therefore repudiated.
1 cannot conceive that the “intercourse”
to be regulated by this Government, between
trie “Sovertigu States,” can properly be
alledged to refer to the demand of a fugi
tive from justice, guilty of “treason” for
example. This would be mere “sovereign
ty” in its most essential point.
This “conventional” agreement is requi
red by the terms of it, to be carried out by
the Slates, or their authorities. They have
the right to say who those authorities shall
be, and under (heir sense of obligation and
duly, io judge when jin alleged fugitive
shall be delivered*
By th* Constitution, no jurisdiction is
given to the Federal Courts over this sub
ject- By a law of Congress y >u cannot
give it; and if you could, it woulj not be
desirable.
This jurisdiction cannot be inferred from
the specification in regard to controversies
between States, *sinc< it is to prevent a
controversy that you would give tl is pow
er to the Federal Judge, and hereby de
prive the State of the [tower to refuse.—
Controversies like tins are jot within the
meaning ofthe Cuustiiution.
The protection ot the c.tizen is first du#
from.the State; and to her hi# al'cgienae
is primarily to be paid. Any law changing
this relation, unprovided for by the Consti
tution. is vo.J.
In making it “ obligatory ” on a Circuit
Judge to have ihe fugitive surrendered, on
a demand made of him by the Executive of
State or Territory, is it nut perceived that
you bring that G*/ernmm t politicMlv in col
lision with one State, at ihe instance of
another l Was this ever contemplated 1
Give the Judge the power necessary .to *
fulfil his obligations, and do you not sab
jugate the Suite ? Without that power, 1#
not the law a» inefficient as it wow m! Wirea
no resistance cOuld be made to the Federal
Court, it i« no! to be supposed the Shit*
would refuse to deliver at the dsHfcmJ of*
State.
But by giving this powe*-to tke CirciTft
Judge, thus to deprive a State of the power
to refuse, you necessarily give bun the pow
er to decide adverse to the demand. 0m»
you suppose that he who is educated hpo
all tho prejudices and sympathies It fltoxg