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The Western Herald. VOL. I. PUBLISHED EVERY TUESDAY MORNING BY O. P. SHAW, AND Edited toy A. G. FAMBROUGH. Terms. —Three dollars per annum, payable within six months after the receipt of the lirst number, or four dol- I ars if not paid within the year. Subscribers living out of the state, will be expected in all cases, to pay in advance. No subscription received for less than one year, unless the money is paid in advance; and no paper will be dis continued until all arrearages are paid, except at the op tion of the publisher. Persons requesting a discontinu ance of their Papers, are requested to bear in mind, a set t lement of their accounts. Advertisements wilHic inserted at the usual rates. All Letters to the Editor or Proprietor, on mat ters connected with the establishment, must bo post paid in order to secure attention. SCP Notice of the sale of Land and Negroes, by Ad ministrators, Executors, or Guardians, must be published 6IXTT days previous to the day of sale. The sale of personal Property, in like manner, must be published forty days previous to the day of sale. Notice to debtors and creditors of an estate must be published forty days. Notice that Application will be made to the Court of Ordinary for Leave to sell Land or Negroes.must be pub lished FOUR MONTHS. Notice that Application will be made for Letters of Ad ministration, must be published thirty days and for Letters of Dismission, six months. 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.