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The Western Herald.
VOL. I.
PUBLISHED EVERY TUESDAY MORNING
BY O. P. SHAW,
AND
Edited toy A. G. FAMBROUGH.
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P6OSPHOTTS
OF THE
TIB first Number of which is this day published,
a,id will be continued weekly, at Auraria, Lump
kin county, Georgia.
The recent settlement and rapid improvement oi this
highly interesting section of Georgia, is deemed a suffi
cient apology in the estimation of the Proprietor and Edif
tor of this paper, for establishing an additional source o
intelligcace to the one already in operation, in that part of
the State, known as the Cherokee country. The arrange
ment first entered into by the Proprietor, the annuncia
tion of which, has been, given, is now totally abandoned,
and the undersigned has taken upon himself the respon
sibility of managing ihccditorial department ofthc Wes
tern Herald.
In entering upon the discharge of the important duties
incumbent on him in that capacity, lie is only consol and
with tile reflection, that his feelings arc well understood
by all those who have gone before him, beating their way
through the labarynths of political life. In the assump
tion of this responsibility, he is conscious ofthc difficulties
which await him at thothrcsliliold of his career, and the
impossibility of administering successfully to the various
wants and inclinations of the great mass ot those, who
may from time to time, look to this harbinger, for pleas
ing intelligence of the passing times.
In his labours, “ not a particle of malice shall infest a
icomma of the course he holds,” and *‘the truth, tile whole
‘truth, and nothing but tne truth,” shall adorn Ins course,
land light his way through the dismal vale in which lie
jiiay be destined to wander in his present pursuit. The
Herald is intended to convey the usual newspaper in
telligence, together with such other information in relation
to the mining operations tn this, and the surrounding
j-ouiitry, as the Editor may b able to gather from sour
ces that can be relied on, and such literary original es
fcavs as liis time and talent may en-.blc him to furnish.
The space of the paper set apart for political matters
Svill be devoted to the advancement of the doctrines in
ftuicated in the Jelf rsonian school, and cherished in
■Georgia in 1325, by what was then known hero as the
Temp party. Looking alone to the object ot the forma
tion of the Government, he will not be unmindful of the
‘Sxercisc of its constitutional rights; nor can he be blind
,|d the rights of the respective states, those reserved rights
•pon the preservation of which, the present government
must he continued and the liberties of the people so es
fcntially depend.
J; The VVestern Herald will contain a regular synopsis of
i|)l the Sheriff Sales in the Cherokee Circuit, which may
be advertised in other papers.
3 The price of the Herald to subscribers, will be three
Sollars in advance, or Four Dollars, at the expiration of the
*ar. Advertisements inserted, and Job work done at
Jjbstomary prices. No paper will be sent out of the state
(Btlcss the subscription is paid in advance.
SjAU communications to the Editor or Publisher, must
•me free of postage to ensure attention.
■ The undersigned will continue to practice Law in the
Ch. irokce and Western Circuits. His Office is in Aura-
Mi, Lumpkin county, Georgia.
’ ALLEN G. FAMBROUGH.
i Auraria, April 9.
S Editors who published the Prospectus of the Herald of
the Gold Region, will confer a favor by giving the ahove
at w insertions. A. G. F.
|i'-U*Thc following named gentleman are requested
Ithorised to act as our Agents, in their respective
!S.
ie county of Baldwin, Tlios. F. Greene, Esq.
, The Hon. C. B. Strong.
i, L. A. Erwin, Esq.
mbia, L. Flemming, Esq.
oford, Hiram Warner, Esq.
eta, Janies A. Abraham, Esq.
pbell, Thomas A. Latham, Esq.
oil, Thomas McGuire, and John A. Jones, Esqs.
ham, John Boston, & Cos. M. H. McAllister, Esq.
fc, Col. Joseph Ligon, and O. P. Shaw,
, Thomas w. Bolton and Jolin Dawson, Esqrs.
‘, J. R. Brooks, Esq.
■okee, John P. Brooks. Esq.
alb, William T. Howard,and Josiah Choice,Esqrs.
itnr, James Bell, Esq.
tie, N. Blanchard, Esq.
klin, Col. James C. Terrell.
loj Coosa, Goo. M. Lavender, Esq.
2, Alexander T. Harper, Esq.
ylh, Thomas J. Golightly, Esq.
ter, Benjamin J Griffith, Esq.
in, Col. S. .M. Burnett,
nneK, Dr. T. W. Alexander,
ne, Col. Y. P. King, andF. S. Cone, Esq.
•rsham, Maj. T. H. Trippe, and Col. T. J. Rusk,
i “ • Harben, and J. VV, Jones, Esqrs.
ry, William Crayton, Esq.
“is, Gen. Daniel McDougald.
cock, Col. N. C. Sayre,
■d, Cob ‘ in. H. Houghton.
son, W. E. Jones, Esq.
er, E. Y. Hill,E sq . H
rou, Col. Kell uni.
rly, C. Hines, Esq.
Maj. Thomas.
htosh, Col. D. H. Brailsford.
fan, W. J. Pcarman, Esq.
lison, William Maroney.
I™ 1 Chappell, & Wm. L. Fambrough.
icogee , W. T. Colquitt &S. W. Flournoy, Ejqis.
eton, Messrs. Hopkins & Sanders,
i thorpe , John Moore,Esq.
Ming, Joel Hicks, Esq.
nam, James A. Mernwether, Esq.
r ;ttte andA>WiPr - TdrEf ' ! -
Richmond, Messrs. Randall & Mason.
Randolph, Gen. H. Jones.
Scrivcn, Jacob Bryan, Esq.
Twiggs, The Hon. Lott Warren.
Talbot, Drs. Phillip’s & Bugg,
Troup, Col.J. C. Alford.
Taliaferro, Bradford Thompson Esq. Si. Col. Janes,
Upson, Col. John Thomas, and Thomas Bell, Esq.
Wilkes, Daniel Chandler, Esq.
Warren, Gray A. Chandler, Esq.
Walton, Col. E. G. Bell, and John T. Morrow, Esq.
THIS WORLD AND THE NEXT.
Where’s the man, that toils for gold,
Give! let nought alloy it;
When a few brief days ore told,
No more can he enjoy it.
Where’s the man who seeks for fame.
Haste ! the laurel give him—
Unfold tne scroll and write his name,
’Tis all the grave will leave liim.
Where's the bosom swelled with pride,
Spare! I would not wound it;
For death will twine at eventide,
His mean, scant, garb around it.
Where’s the heart on pleasure bent,
Pour, a double measure;
Health and life to-morrow spent,
Gone will be that treasure.
Where’s the soul that looks above.
Pleasure, gold and glory;
Such as earthly passions move,
Such as lives in story.
Take each cup of joy away,
To others tilled and given,*
Oh ! what are all Ihese baubles, say,
To him whose hope is Heaven.
SPEECH
OF
MR. FOSTER, OF GEORGIA,
On the Bill further lo provide for the Collection
of the duties on imports.
Mr, Foster, addressed the Houseas follows:
Mr. Speaker; It is not with the vain hope
*>? producing the slightest effect on the uecUiC.”
of tho question now pending, that I rise to ad
dress you. He must be blind indeed, who
does not seo that there is a fixed and settled de
termination on the part of a very large majority
of this House to pass this bill. It would scarce
ly be going too far to say (and I hope in saying
so, I shall be guilty of no irreverence) that this
majority “would not be persuaded” to reject
this bill, even “though one rose from the dead.”
No, sir, the question is already decided; and as
sure r.j the final vote is taken, just so sure the
hill on the table will become a law of the land.
But, Mr. Speaker, it is a duty which I owe to
myself to present my views of this deeply inter
esting subject, and I beg the indulgence of the
House while I attempt to do so.
It was my fortune to belong to the commit
tee to whom the message of the President, sug
gesting the measures now under consideration,
was referred. On a careful and deliberate in
vestigation of the various suggestions contained
in the message, I could not give my assent to
the mostprominent of them, and united with a
majority of my associates on the committee in
a report which was some time since submitted
to the House. The views in that report it is now
my purpose to defend.
It would have been gratifying to me, Mr.
Speaker, to have heard from the advocates of
l this bill, an examination and defence of its de
i tails; but they have not thought proper thus to
discuss it. My colleague (Air. Wayne,) who
has just taken his seat, reflected somewhat on
the gentleman from South Carolina, (Mr. M’-
dl’ffie,) because in the course of his argument
he referred to but one of the provisions of the
bill; and yet my colleague was guilty of the ve
ry same omission. lie is the strenuous sup
porter of the whole bill; but did not bestow even
a passing remark upon only one of its features
—the employment of the military force. I
shall not follow the example of the gentlemen
who have preceded me. It will be iny object
to investigate the details of the bill, and notice
the prominent measures which it proposes; and
if I cannot hear reasons in favor of them, I will
endeavor to show some against them, which, if
not satisfactory to the House, arc entirely sat
isfactory to myself.
It is not to be disguised that this is an admin
istration measure. It comes to us not only
approved, but asked for, by the Executive; and,
therefore, as a friend of the administration, it
would have given me great pleasure to have
been able to y! ‘ld itmyfeeble support. But,how
ever high my rospect for the President and his
constitutional advisers, I cannot sustain their
policy at the sacrifice of my own principles and
opinions. I shall never be so much the par
tisan or friend of any man, as to surrender the
honest conviction of my own judgment. In
opposing, however, the recommendations of
the President, with regard to South Carolina, I
take this occasion to disclaim any imputation,
whatever, on his motives. In the integrity of
his motives, and the purity of his patriotism, I
have the utmost confidence—quite as much,
certainly, as many gentlemen around me, who
are so zealously sustaining these recommenda
tions.
I owe it to myself, Mr. Speaker, also to say,
that 1 do not appear here as the advocate of
South Carolina. Ido not approve her recent
measures. Do not imagine, however, that 1
am about to join in those unmeasured censures
and denunciations, which have been so lavishly
bestowed upon her. No, Sir—this is a crusade
in which I shall be among the last to enlist.
It is an enterprise which presents no temptations
to my ambition. It is a field in which I shall
gather no laurels.—Sir, South Carolina is the
natural ally, the sister of Georgia. Her gal-
It comes, tlic Herald of a Golden World.
AURARIA, LUMPKIN COUNTY, APRIL 33, 1833.
lant sons are our neighbors, our brethren, our
fellow sufferers—and, while disapproving their
acts, I can most truly say, that, “with all their
faults, I love them still.”
But, Mr. Speaker, I have promised to enter
into an investigation of the details of the bill
under consideration; and 1 now proceed to tho
task.
The first section provides, in substance, that
when, by reason of unlawful combinations or
obstructions, it shall become impossible to col
lect the duties on imports, ia the ports of any
State, the President shall be authorized to re
move the custom houses to some secure place,
either on land or water, and to direct that the
duties on merchandise imported into such ports,
shall be paid in cash, deducting the legal inter
est. Now, Sir, although no particular State is
designated, yet we all know as well that the
measure is intended for South Carolina, as
though she were named in the bill. Indeed,
the object avowed by the President is to coun
tervail the ordinance and legislation of South
Caiohna.
The very first suggestion which this proposi
tion must present to the mind of every one, is
its palpable inequality and injustice. It is well
known, that there are a great many merchants
in Charleston, who have no intention of taking
I the benefit of the late laws of Carolina, for the
purpose of avoiding the payment of the duties.
They will continue to import their goods, give
their bonds, and pay them punctually as hereto
fore. Would it not then be unjust in the ex
treme, to deprive these men of rights and privi
leges secured to all other citizens of the United
States? and that too, in a government whose
boast has been, and ever should be, its equal
laics? Sir, this injustice is too obvious—it af
fords no ground for argument —the mere state
ment amounts to demonstration, and presents a
striking instance of consigning to a common
fate, those who obey and those who transgress
the laws which it is one of the most sacred du
ties of government to pi event.
But weighty and conclusive as this objection
is, it is light compared with another. Sir, the
requisition of cash payments, as contemplated,
will, in my humble judgment, conflict with two
clauses of the constitution.
I am aware, Mr. Speaker, that on the subject
of the Constitutional powers of the government,
I entertain what are now regarded old fashioned
notions • I early conceived a strong bias (many
gentlemen will, no doubt, consider it a very un
fortunate one) in favor of a ngul vot.ruotin
oi tins great charter. It hateeen a part of my
political education —and mature reflection has
but confirmed tho lessons of my early instruc
tion. It may not become me to say that I have
been “trained up in the way I should go,” but
there is certainly not much probability of my
“departing from it.” When then I am called
upon to do any act as a member of this house, I !
turn to my power of attorney —to this instru
ment, which has been the theme of so much eu
logy, and the subject of so much abuse, and if I
cannot find authority there for the act required,
it is more than I dare do to yield my assent.
And gentlemen must pardon me for reminding
them of the high responsibility under which they
act here—a responsibility much more solemn
and fearful than that which they owe to their
| constituents. And I beg them to be candid
with themselves on this occasion, to test the bill
on which they will soon be called upon to vote,
by the Constitution which they have so solemn
ly sworn to support, and let an unbiassed con
science render an impartial judgment.
Really, Mr. Speaker, had it not been for the
source from which some of the suggestions cm
. bodied in this bill emanated—were it not for
. the profound wisdom and transecudant talents
of the authors and advocates of these proposi
tions, it would be ditiiculi to conceive how there
could be two opinions as to their, constitutional
ity—or rather unconstitutionally. Allow me
to invite the serious attention of gentlemen to
the clauses in the Constitution, to which I have
alluded. The first is, that “all duties, imposts
and excises, shall be uniform throughout the
United States-” Now, will any gentleman con- j
tend—does any one believe, that the deduction j
of six per cent, interest for cash payments,
would be equivalent to the indulgence allowed
by the present system? Where is the importing!
merchant who will admit it? Where is the one
who would consent to a change from credits to
cash duties on these terms? Ask the merchant
who resides in tho interior equi-distant from
Charleston and Savannah, and who imports
goods to each of those ports, paying the duties
in cash, deducting the interest, at the one, and
bonding under the existing laws, at the other—
ask this importer whethci he considers that he
pays the same duties on each of his cargoes,
and what would be his reply? You know he
would tell you there was anjessential difference.
There is an inquiry proposed in the report ot
your Committee on the Judiciary on this sub
ject, the answer to which would put this subject
at rest. It there be no difference between the
credit system and cash payments, allowing a
deduction of the interest, why do you not abol
ish credits, and save the government the im
mense losses which it is constantly sustaining
by the failure of importers and their sureties?
Think too of the great trouble to which you are
frequently subjected, in the collection of these
custom house bonds —and then tell me whether
the present system would be continued by Con
gress, if they could, without serious inconve
nience to the mercantile community, and indeed,
without a severe pressure upon the whole coun
try, substitute cash payments, with the incon
siderable deduction of six per cent?
If we needed an additional argument, and
one which will place this point entirely beyond
dispute, the very terms in which the proposition
is expressed, will furnish it. The duties are to
be paid in cash deducting the interest. Now I
appeal to the candor of gentlemen, and I wish
“the still small voice” which breathes the res
ponse, could be audible. I would ask every
intelligent man to tell me, why this iJduction of
interest is to be allowed? Have you any doubt
this provision is intended for the purpose of pre
serving that very uniformity required by the
Constitution, and thus obviating the constitution
al difficulty? Sir, if the author of the suggestion
were asked, he would tell you this was the ob
ject. Ifthen this deduction is not sufficient to
equalize the cash and credit paynx :iis, is not
the Constitution as plainly violated as though
no deduction at all was made.
Let me now turn the attention of the House
to the other clause of the Constitution to which
allusion has been made. It is in the ninth sec
tion of the first article, and is in these words:
“No preference shall be given by any regulation
of commerce oi revenue to the ports of one
State over those of another.” It will certainly
not be necessary to show bill provides
a “regulation of revenue;” and yet this is not
more plainly apparent than that, by this “regu
lation,” a very decided preference will be given
to those ports where it shall not prevail, over
those where it shall be enforced. Adopt this
regulation in the ports of South Carolina, and
the languishing commerce of Savannah would
soon revive and flourish, while the active and lu
crative trade of Charleston would be effectually
destroyed, and its great wealth and growing
prosperity thus completely sacrificed.
The only answer which has been given to ,
these constitutional objections is, that the pro- |
visions of tin- bill are general—applicable to ail 1
the States equally, and to none unless the exe- :
cution of the revenue laws is obstructed. Sir,
this is scarcely a plausible subterfuge. What j
is tb proposition? That in case the laws are
obstructed or resisted by a force too powerful
to be overcome in the ordinary way, the Presi- j
dent may order the removal of the custom hou- i
ses, and require the payment of the duties in
cash. Let us simplify the proposition as much
as possible. If Congress can confer this pow-1
er upon the President, it may unquestionably
exercise it itself—and it it can provide the
proposed remedy for a future contingen
cy, it may certainly apply the same remedy if
tho emergency had already occurred. Suppose
then, that from and after the first ot February,
some of the merchants of Charleston had avail
ed themselves of the benefit of the nullifying
laws, and had actually, by the aid of the State
courts, succeeded in rescuing their goods from
the custom house officers without giving them
bonds, or paying any duties—-ana this fact is
-reported by the Collector to he Government.
Here is the case fairly presented—the very
slate of things against which you are endeavor
ing to guard; veur lawo are nullified, their exe
cution resisted by a force too powerful to be
overcome in the ordinary way, and that force
acting under the authority of the State. Now,
will any gentleman point me to that clause of
the Constitution which relieves you, even in
such extreme cases as these, from the restric
tions and prohibitions to which I have referred?
Sir, there ia none. These provisions of Ihc
Constitution are plain and explicit —and cannot
be evaded —turn which way you will, and they
stare you in the face. Gentlemen may indeed,
by ingenious and refined distinctions, silence
their scruples and persuade themselves into the
support of the bill —they only deceive them
selves. It is utterly vain to attempt to recon
cile it with the Constitution; it is beyond the
reach of argument; the contradiction is too plain
and palpable. Disguise it as you may; resort
to all the arts of construction—but “to this
complexion it must come at last.”
Yes, Mr. Speaker, the passage of this bill
w ill be another deep (God grant it may not be
a fatal) stab to this sacred instrument. And
really I had hoped that its already mangled body
would have protected it from further outrage.
The condition to which your repeated attacks
have reduced it, is sufficient, it might be suppo
sed, to disarm even its most vindictive enemies.
Let me entreut you, then, to stay the uplifted
arm, and*withhold it may be, the finishing blow.
Sir, had I the powei, like Mark Antony, “I
would put a tongue in every wound” which
your ill-judged legislation has made, to implore
your forbearance.
To those around me, who have recently evin
ced so much zeal in the cause of the Constitn
ti >n, and affected so much anxiety to save it
from sacrilegious hands, I particularly appeal.
I especially invoke the aid <>! an honorable gen
tleman, (Mr. Vinton, of Ohio,) who. a few
evenings agd, in all the fervency ot bis patriot
ism, was ready to seo all our rivers running
with blood, and this great confederacy conver
ted into one vast slaughter-house, rather than
have one tittle of the Constitution obliterated by
force. And, sir, had I but a smail portion ot
that powerful and commanding eloquence, which
I heard on a recent occasion,* in another place,
in the anticipation of dangers to this sacied
instrument, “calling on all the people to its res
cue,” in a tone and manner which I can never
forget, and which filled me with emotions 100
big for utterance: I repeat Sir, did I possess a
particle of this overpowing eloquence, I would
call in loud strains, not upon “all the people,
but upon these, their representatives, in this
* Alluding to tho speech of Mr. W ebster, in the Sen- ,
! Ate, on this bill
hour of imminent peril, to come to the aid of
tho Constitution, and save it lrorn the danger
which threatens it from specious and subtle con
struction. For if it must fall, it matters little
whether by the hand ot violence, or by the un
perceived and undermining process ofingenious
and plausible sophistry. I would indeed pre
fer the attack by open violence, because then
we could see the extent of the danger, and
prepare to encounter it.
But, Mr. Speaker, the first section of this bill
further provides that, to enable the collector
more effectually to exact the payment of cash
duties as proposed, he shall seize and detain
all vessels and cargoes, until the duties aro
paid—and in the event of an attempt to take
such vessels or cargoes from the possession of
the collector by any force, combination or as
semblage of individuals, or by any process, oth
er than from a Court of the United States, the
President, or such person as he shall empower
for that purpose, may employ such part of the
land and naval lorccs, or militia of the United
States, as may be necessary to prevent the re
moval of the vessels or cargoes from the pos
session of the officers of the customs, &c.
Sir, that proneness to resist the exercise of
all powers not delegated to us, of which the
House has had some evidence, prompted me,
when a proposition was made to confer power
so great, and of such dangerous tendency, t >
consult again the charter under aliich we act.
j On examining with great care, I find in tho
j C onstitution, that “Congress shall have power
to provide for calling forth the niJitia to exe
cute the laws of the Union, to suppress insur
rections, and repel invasions.” The very ob
ject of the bill on your table, is to enable thr*
President “to execute the laws.” Now I will
not say that, in extreme cases, w hen no other
means could be available, Congress might not.
under the power, to “pass all laws necessary”
to carry the granted powers into effect, resort
to the regular army and navy—but I w ill say,
that the very provision for calling forth the mil
itia, shows very clearly, that in the view of the
framers of the Constitution, the execution of
the laws if military force should be necessary,
should be left to the militia, the yeomanry of
the country, Our ancestors in their difficulties
with the mother country, had learned a lesson as
to the enforcement of laws by the aid of a stand
ing army, from which they seemed to have pro
fited: and they confided this dangerous trust to
those who were most deeply interested in n
faithful, but mild execution of the laws—the
great body of the people. And upen tire legal
maxim, that “the inclusion of one is the exclu
sion of all others,” the provision for calling
forth the militia to execute the laws, excludes
the idea that any other force was contemplated
foi this purpose.
That this was the view of those who were
concerned in the formation of the Constitution,
is plainly inferrable, from the fact that the first
laws passed for the suppression of insurrections
in 1792 and ’95, were entitled, acts “to provide
for calling forth the militia to execute the laws
of the Union, suppress insurrection, and repel
invasion,” in the very words of the constitution
al provision.
But, Mr. Speaker, I maintain, that the pres
sent attitude of South Carolina docs not furnish
such a case as contemplated by the Constitu
linn, tt’hprp iho lowo ore 4o he untvuUJ L uu,
the militia. There is no “insurrection” there,
within the meaning of the Constitution —nor is
there such a “combination to obstruct the exe
cution of the laws” as contemplated by the acts
of ’92 and ’95. Whatever proceeding is had
under the ordinance of South Carolina, is tho
act of a sovereign State—it is the exercise of a
sovereign power. Whether this right belongs
to the State, it is not necessary for the purpose
of this argument to inquire. She claims it, and
has exercised it, and any act done under tho
authority of the State, will be protected by tho
State. To attempt, therefore, to reduce indi
viduals acting under this authority to obedience
to your laws, will be an attempt to coerce the
State—it will be making war upon the State.
And this power, as stated in the report of tho
judiciary committee, and as all who have read
the journals of the federal convention know, was
several times proposed to be given to Congress
but uniformly rejected. But, on this point, I
shall adhere to the course pursued by the com
mittee. 1 will not be drawn into a discussion
on the right of this Government to make war
upon one of the States.—Far, far distant be tho
day when such an inquiry shall become neces
sary.
Even admitting, however, for the sake of ar
gument, the power in question to exist, I ask
the attention of the House to a few considera
tions w hich should induce Congress to forbear
the adoption of the rigid measures proposed in
this bill. And the first and most obvious, i-\
that there is not the slightest necessity for it.
The law providing for a modification of the to
rip) which passed this house a few days ago,
and which had already received the sanction of
the Senate, had relieved us from those alarming
apprehensions, which we have unhappily had
too much reason to indulge, and will soon quiet
th” agitations of our distracted country. Sir,’
this law was, emphatically, a measure of com
promise, it was so tendered on the one side, and
received on the other. It is the bow of peace
on the dark and angry clouds which have s.
long lowered, and with such fearful portent, on
our southern horizon. Suffer, then the troub
led elements to become again calm —and hei
let us once more assemble rouud the nltar o>
our common country, all hnnd4 united, all heart
mingled —Let the souod of peace, peace, g 0 for' 1
NO. 3.