The Western herald. (Auraria, Lumpkin County, Ga.) 1833-1???, January 04, 1834, Image 2

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f denouncing in bold and manly terms the perni cious tendency of the exercise of doubtful pow ers by Congress, and checking the hitherto wasteful expenditure of the public treasure in works x>f internal improvement. This individ ual is (Urdu called to preside over the distiuies oftb.fcse confederated States amid the acclama tion of his fellow citizens. With what enthu siasm the event was received in Georgia, let the brilliant illuminations of her cities her towns and her hamlets beartestimonv. The elm.actor of his public acts had given promise ot the bles sings that were to flow from his government, and had secured the attachments nnd confidem e of the People. It was thought that the mantle of Jefferson had fallen upon his person, that he would restore the compact to its virgin purity, that he would maintain the lair fabrick of bur gathers in its uasulied brightness; the Confidence of the people of Georgia, he had in an espicial manner—espousing her cause, he had put iu operation vigorous measures tor the speedy ncquisiton ofher tight*'. For his republian acts Georgia honored, him, for maintaining het Just rights hf r people cherished him. There were ne portion of her population more zealous, o more sincere in their manifestations of honor than those comprising the State Rights Party —not only from attachment to the man but lor •.he principles he had professed, and the acts lie had done. In him they beheld the protector of the South, and the restorer of the genuiue principles of the government: but while they arc proud to do him justice, they cannot be se duced from their principles. In an evil hour behaved, wc believe, by treacherous counsels In a proclamation to the people of a sovereign State, of this confederacy he who had done so much for the ascendency of the doctrines of the Republican school reasserts the exploded doc trines of the federalists of former days, affirming among other things that the States of this con federacy never had a seperate existence; that n State ia the exercise of its legitimate powers has no right to decide upon the constitutionality of an act of Congress, nor to protect its citizens from the operation of an unconstitutional act nor yet to maintain within her limits the author ities, rights and liberties appertaining to a sove reign State, denying the right of secession (under tho most partial, oppressive, and uncon stitutional measures of Cougress,) as destroying the unity of the nation, declaring that the mem bers of Congress are all representatives of the United States and not representatives of the ; particular State from which they come nor accuntable to it for any act done in the perform ance of their legislative functions, maintaining that theSfales have notretained their entire sove. rcignty, and that the allegience of our citizens is due'to the United States in the first instance and threatening the employment of the sword and the bayonet to coerce a sovereign Stare l-to submission when at the same time, “the regular end appropriate alternative was in his power” to recommend a repeal of the usurping Tariff acts’ of Congress or a call of the convention ol the States. Apparently overlooking his former principles and affirming those latally subversive of constitutional freedom he der ands of a sub missive Congress their sanction to these ex. traordinary doctrines and the means of carrying them into full effect. This body subservient to these views passes an act which aimed a mortal blow at thovitals ofistate sovereignty. Tliisdaring outrage upon the liberties of the people was passed too at a time when congress forced by circumstances were obliged to modify the tariff and thus render to the South a ri luctant act of justice. “It is difficult to conceive the motive (says an able statesmen in his recent me-age to the Virginia Legislature) which prompted the Go. vernment of the United States to this palpable violation of the constitution unless traceable to that system of measures which the friends ot Strong government have often attempted to give to the confederacy and which has bean so uni. fbrmly and resolu ely resisted by the friends of liberty nnd free government. On no former occasion had the hand of power been cserted over the constitution of a free country, with more daring assumption: it leaves not the sem. blance of freedom to the people or rights to the (ho States. It has at one feel swoop, under the pretence of collecting the revenue, abolished the State Governments annihilated their courts, conferred upon the President unlimited power end placed atlhisdisposal the Treasury the Army the Navy and the Militia of the United States ; not only to be used according to his caprice bnl even authorizes him to confer this power Upon any whom he may think proper. It ena bles him to give a preference to one port over another by removing the Custom House of any he may choose on board a ship of war, and de. cmnding cash duties instead of allowing the usual credits although the constitution expressly declares, that “no one port shall have preference over any other.” “ 4 hypocritical hypothesis is made the foun dation of this act. It assumes that unlawful obstructions or combinations or assemblages of men” may render it impracticable to execute the revenue laws” although they well knew, that the State authorities had ample power to remedy such evils—indeed it requires but a cursory glanco at that statute to discover that Congress acting in conformity to the will of the President have attempted obliquely to lay hold or. a power which if plainly anil directly claimed 1 would have shocked the democratic spirit ol the : whole confederacy'.—For it claims complete ascendency for the United States Courts over the State Courts, rendering the decrees of the t itter nugatory when under this act they may be brought into conflict with the United States Courts, euthoriziug these courts to liberate f.iTendors committed to prison for offences, against the State Laws and imprisoning those j vho act in conformity to them. It authorizes: the taking away beyond the limits of the State and incarcerating in a military fortress or per haps a prison-shi>i the citizen who may be guilty of obeying tne laws of his own State made by his own representatives.” Thus is given an analysis of the Force Bill, taken from the last message of the patriotic Governor of Virginia, The provisions of this bill are disgraceful to the sjatute look, A stain upon the administration of Andrew Jackson, and a monument of the servilo spirit of tho 22d Congress. Advocates of these measures arc numerous in this State affirming with a pertinacity that is armed against all conviction, their entire devo tion to their doctrines, w hich leave to them and j to their children the miserable alternative of| dying as rebels, or living as slaves, for those doctrines fall nothing short of denying every right, except tho right to rebel, or the right to fight. Repudiating the reserved rights of tile States, or limiting them to the idle mockery of petitioning those, who from interest or preju dice, are deaf to ■ ut complaints;—or to the right revolution. The announcement of these fatal doctrines, sanctioned by the force bill, from a President hithcito viewed as the head of the democracy of the country, while it burst with the astounding effects of the electric flash, upon the friends of State Rights, throughout the land, served to reanimate the despondency ot the old Federal ist. and cheer the drooping spirits of the enem ies of the south; —of those materials, parties were termed, which like tho one in this State, soon increased its numbers bv the acquisition of recreants from the Republican faith, seeking and obtaining office, laying aside their tormer principles as they would cast off'a garment, and showing their willingness to entomb the Con stitution of the country, and the sovereignty ot the States in one common grave. Not so with the friends ot State Rights in Georgia. Al though in the lull enjoyment of power; yet they I could not sacrifice principles for men. They! had been among the most ardent admirers of the President—had stood bv him in an undivi ded phalanx, through good and through evil re port —had honestly commended those public acts that merited commendation—yet they could not abandon their princ : ples even to serve An drew Jackson—they could not sutrendet the independence nnd sovereignty of their own State, or barter their birth right either for power or so office. While they were ever ready to do jus tice to the republican acts of the President, they could not hesitate to denounce those that deser ved denunciation. In uttering those sentiments, we believe we represent the feelings and sen timents ol every member of the State Rights party. Compared with the violations ol the constitu tional charter and the despotic exercise of un j delegated power, every other topic sinks into insignificance. What though we retain the form and pageantry of state Government, if the vital energies of its prerogative is to be prostra-1 ted, if the living principle of its authority is to: be extinguished ( What matters it how our agriculture prospers, how our commerce flour ishes or how wc succeed in our various evoca tions, if the fruits ofour industry are to be swal lowed up by unjust and unequal taxation, if our constitutional rights are to be distroyed, our state sovereignty annihilated, our “ liberties cloven down.” By the principles of the pro clamation and the provisions of the force bill, this been attempted, (it not accomplished,) in a state of profound peace. The blow came too from a quarter least expected—while the olive branch was presented, the thunder-bolt fell— directed by a hand that should have been ex tended in amity, not put forth in anger. It was done too in wanton disregard of southern rights and southern feelings—in the midst of our re joicings for the elevation of Georgia’s favorite— the principles of despotism were substi.uted, for thi principles of freedom. Troup was right when as a fuithful centinel upon the watchtower he warned us to “prepare o receive a c.ear AND THE PURPLE.” Is it not time then fellow citizens, foi the democracy of Georgia to awaken from its slumbers—to put forth its wonted strength—lest slumbering on, it awakes in chains. Is it not time deeply to impress upon the minds of those around us, that the least infraction to the con stitution by those to whom its administration is committed, should be met by derisive opposi tion. Let it be constantly borne in mind ; let it be the nursery lesson taught our children ; the first maternal precept ; and the last paternal in structions that the sovereignty of the States forms our only safeguard—it is indeed the pal ladium of all our rights and all our liberties— destroy its prerogatives, paralizo its energies, and we are at the mercy of those, who, while in the unlimited exercise of consolidated power, pretend that they are administering a govern ment of limited powers. If Republican Georgia is quiescent in the triumph of tie docrines of the proclamation and the force bile, shelmust become recreant to her principles, so often put forth by her Le gislatures- -so proudly and so triumphantly maintained by the champion ol her honor and her sovereignty with a feivency that thrilled through every nerve, and carried dismay into the ranks of her oppressors. But Georgia will not prove recreant to her principles, nor dishon or her fame, those who anticipate her acquies cence, mistake the character of her people. They will rally in support of the good old re publican doctrines of ’99. In ti.e ascendancy of this doctrine consists our moral strength as a tree people. To maintain at as embodied and put forth in the proceedings of the St tc Rights meetings held in Milledgevillo, is the object we have in view. This object animated our friends I :on that occasion an we earnestly hope it will! i animate the bosoms ofeverytrue hearted Geor gian in the state.—With this doctrine for our directing star, we can never be led astray. It derives its existence from our federative sys. I tern—it is the doctrine advanced by the Virginia j and Kentucky resolutions, and passed upon the ■ ndcpendance and sovereignty of the respective States. Its moral power Achieved a glorious j victory in the overthrow of federalism in former days—and in the words of Mr. Jefferson) 14 pro. served the Constitution at its last gasp”—it ani. mated our own Troup in the conflicts between Georgia and the General Government, and bore him on in triumph ; and doubt not it will prove victorious again. Let us then tally around the temple of our Republican faith, let us once more bring to its altar our votive offeings—on it let all our private od pcXo'uiud considerations be. sacruTccd for tho restoration and perpetuity ot our Constitu. tional Rights—then having done our duty, if constitutional li'neity, and state souereignly are to bo swallowed up in the vortex of consolida. tion— “ if Rome must fall we are inno. j CENT.” j Unanimously adopted in committee, this 20th | December, 1 5 33. L>. B. MITCHELL, Chairman. (Attest) N. C. Sayre, Secretary. TU ’ WESTERN HERALD. AURARIA, GEORGIA, JANUARY 4, 1333. Stale Rights Meeting.--On Saturday evening the ‘2Bth of December, a large and unexpected concourse of the citizens of Lumpkin county, met in pursuance of a pre vious resolution, at the Miners Hall in this place. The meeting was organized by calling Dr. John 11. ‘1 homas, to the Chair, and appointing John N. floso and J. J. Hutchinson, Esqrs. Secretaries. Tho object of the meet ing being explained, the Committee to whom had been referred the drafting ofa Preamble and Constitution, for the Slate flights Associate, made a report and sub mitted a Preamble and Constitution, which were unani mously adopted. The meeting being open to all parties. I for republicans have nothing to hide, and it being obser ved that there were those in the house who dissented from the principles of the meeting, a free discussion of the principles of the preamble was invited and challenged, and no one seemed disposed to meet in the field of argu ment, the republican sentiments upon which it was based The meeting was then addressed respectively, by Win. E Jones, of Jackson, Hines Holt and J. J. Hutchinson, Esqrs. after which, the Constitution was presented to the meeting for signature, and a volunteer subscription taken up to defray the expense of printing a thousand copies of the Preamble and Constitution; and no patriotic bosom that then contemplated the scene, but throbbed with de light, to see so many of the mterprising citizens of this county, evincing an extraordinary eagerness to put their own sign manuel, to principles which Collar Pres ses, brand as political heresies, and w hich the American Nero, swears to exterminate. Here too, was evinced a spirit, which while it is kept alive in our country, we need ! scarcely fear for the future— we may bid defiance to ty ; rants and imperial purple, so long as the sacred fires of seventy six, burn upon the altars of the hearts of our hra ’ vest, noblest, conntrymen—who shew by the prodigality of their contributions, that their rule of practice in the i present struggle, shall he “ millions for defence, not one i cent for tribute.” The followine are the Offirers elect of the State flights Association of Lumpkin County; Dr. John H. Thomas, President, Henrt M. Clay, Vice President, J. J Hutchinson, Treasurer, and Jobs N. Rose. Secretary Tho following Gentlemen compose the Executive Committee : Dr. Joun Thomas, and Henrt M. Clay, ex-officio, Dines Holt, A. B. Holt, and J. J. Hutch inson. Esqrs. The Preamble and Constitution, will appear in our next number. : Wc call the attention of our readers to the address of the Central Committee of the State Rights Party. It is a bold and masterly production of dignified eloquence, highly creditable to its author, and uttered in a style arid manner, worthy of its republican spirit. It draws the cor rect lines between the present parries in our country and State—unmasks the one of its dulusivc misnomers and holds up to the view of the deluded, the purity and repub licanism of the other. But why should wo” laud a production, w hich is its own best eulogy. The most we*” can say lor it is, read for yourselves; and let every repub lican parent teach his children to read it—and if he can bequeath no other legacy, lot him leave a transcript of its principles, together with the ljeclaratiou of his country’s independence, fixed firmly in the mind and affections of his offspring, and iic may close his aged eyes in peace. The dim future shall be cheered and brightened, by the surest hopes tc. him,as ha breathes the patriots latest wish to his country, “ Esto pcrpelna.” Alabama. —The President has issned an order for the immediate sate of the Alabama Creek lands, and at the game time, we gee the regular troops of the Government, marching from every quarter to the Alabama lines. What can be meant by this Military Parade,and the waste ful expenditure of the public monies that must necessarily be occasioned by the removal of the troops. Why is the whole country thrown into a confused excitement by these war-like movements. If the President does really intend to Bell the Alabama lands, and thug remove the difficulty between Alabama and the General Govern ment, why is an army of hirelings quartered among a people at peaco ? Has the President forgotten the massa cre of the slh of March at Boston and its consequences? Will not one murder, slake the thirst of the emmisarics of Despotism ? or does the President suppose that the people of Alabama arc to be intimidated by military ma neuvering, and arc to he awed into submission to milita ry rule, by a parade of hireling soldiery ? If so we would say, idle supposition, vain conjecture I Is he ignorant that some ofthc best blood ot the Revolution, from both Carolina and Georgia, flows in the body politic of that patriotic State ? And has he to be informed, that another murder committed by his lawless minions, would con sign cvi ry vestage of a regular army, quartered in that : state, to utter annihilation ?Jlf so, then is he deplorably ig norant of Southern feeling, and miserably deluded by the submissive preaching of some southern politicians. -■■zngr— I IFe have just seen a most bcauliful Gold Specimen ! from the celebrated “Battle Branch” Lot. It would i seem from the many rich and beautiful pieces of semi rnetalic rock which have been found there that this was the spot that the mysterious Goddess Mature had toyed with her glittering treasures in her most sportive mo ments, and had here intended to mock the arts of both Jeweller and lapidary by the beautiful irregularity of her variegated sjxiils. The specimen is left at our office, whore tliose who have a curiosity to see these excentric specimens of Dame Natures Golden work can view it. — The iutensc cold weather for the few last days has so contracted our piper, that wo have ccarcc any margin. for nil! VtsJERN HERAI.O. TO “WILSON GOVERNOR, THE LUMPKIN OF GEORGIA.” You will greatly contribute to the “ bcs. inter ests of the good people of the State,” by causing Dr. Cuthbeit, to prepare anew batch ot the Lumpkiniana Panacea, the old preparation which contained a mixture of “Potters Clay,” which has become so nauseating to all who take it in the up country that it will no longer answer lot i use; veiy few can lie prevailed upon to take it at all, and many ot those who do commence turning Somersets backwards and forwards and after having turned and turned arc found in a state of complete exhaustion; and also in a state of the most pitiable irresolution, and uncertain ty what turn to make next; it is Delicved that the ingredient of “Potters Clay” produces all this evil. I would advise leaving it out entirely in making the new preparation and in lieu thereof substitute the same quantity of Stirface taken from the Indian reserve lands. POWHATAN. The following are the prominent provis ions of such of tho most important Acts of the late Legislature, as could be obtained lor exam ination, up to the timo of preparing our paper for the press. The act for the amendment of the penal laws of the State, provides an entire new organiza tion of the Penal Code. The act “ more effectually to provide for the government and protection of the Cherokee Indians,” &c. confines the Indian occupancy to 160 acres; forfeits that right for the employ ment of a white man as a tenant or laborer on their (arm; takes from w hite men with Indian families, all rights as such, but those of occu pancy, to which each must entitle himself, by recording his intention in Court, by the firt of March next; provides forthepunishmentof such as obstruct enrolling, and forbids the prosecu tion of claims against such appointed time; au thorizes the granting oi such lots as are occu pied by Indians who have hail reservations in tormer treaties, or who have enrolled for emi gration, and failed to remove; and appoints an p gent with a salary of $ 1000, to carry into effect certain provisions of the act, and to put drawers into possession of such parts of their , lots as are not within the improvements or in tho actual occupancy of the Indians. The act for the distribution, by Lottery, of tho Fractions, has already been carried into ef fect. The act to reduce the price of Grants, fixes that of Land Lots at $ 10, and that of the Gold at $ 5, The act for the. formation of the Coweta Cir cuit, includes within the new Circuit, the coun ties of McriwethQrpvTjoup, If earn', Coweta, DeKalb, Campbell andCarroll, of the Chattahoo chee, the county of Fayette, of the Flint, and the counties of Cobb and Paulding of the Cher okee Circuit; attaches the counties of Baker and Early to the C'hataboochee Circuit; and changes the times ofholding said Courts.—[Al teration hereafter.] The act for the sale of the public hands, pro vides for their disposal at public sale, by the Superintendents, in Savannah, Augusta, Mil- Jedgeville, Macon and Columbus—one fifth cash, the ba.'ance in notes to be approved by, and placed in the Central Bank. The act for the compensation of the Reduc tion Convention, provides for their payment at the same rates as members of Legislature. The act for tho incorporation ot the Georgia Rail Road Company, gives exclusive privileges for a Road from Augusta to tho interior, w'h branches to Eatonton, Madison Athens &c., with exclusive rights for 20 miles on either side. The act to incorporate the Central C anal -and Rail Road Company gives similar privil eges for a Road or Canal from Savannah to Macon. An act has been passed to divide Murray County, and “Walker” made the name of the new county. The act for the alteration of the Constitution in regard to divoces, passed the first time last session, is now finally passed ; and makes the verdicts of two successive Special Juries final. An act has been passed the first time, to alter the Constitution so tu to make the sessions of the Legislature hiennial instead of annual; and to make the Judges and Solicitors eligible for four instead of three years. The act for the suppression of Lotteries, make* the sale or advertising of any ticket in a lottery or any device in the nature of a lottery, a misdemeanor subject to a fine not less than SSO0 —one half to the informer—or on failure of payment, toinpri-sonment in Jail at the dis cretion of the Court, not exceeding six months. The bill to make the judges of the Superior Courts, and the General Officers of the militia, eligible by the people, as well as the bill and resolutions in reference to a Reduction of the Legislature, failed. So also, the Resolutions making the Academic andPoor School fund,and the loans of the Central Bank, distributable ac cording to while population.—Southern Recor der. The Legislature of Georgia adjourned sine die on last Saturday night. Much of the actings and doings of this body, which does not appear prominently on the jour nals, as occasion may serve, will be brought more perspiciously before the people, for their I reflection and judgement. The justice of the j attempt to divide the taxes of the people accor ding to white population, will no doubt be scrutinized, ns well as the division of the edu- I cation fund.—The attempt to prostrate our only university—the plan ot Central Bank distribu- ; tions, and a variety of other interesting matters, will, wo have no doubt, be properly presented! to the people, and receive from them duo atten- | tion. Wo connot, however, pass oven at this time : without notice, the singular fact, that this hon- 1 orahlc body, the Iguardian of the people’s rights j and money, have placed the latter entirely at the feet of the Executive, without direction, reser vation or restriction. Tho appropriation bill, wc understand, instead of specifying the usual items of and appropriating the necessary sums, to be drawn by the Governor, to meet them and no more, has made the sweeping enactment that the Central Bank shall place to tho credit of the Treasury ,all sums that may be drawn “by Governor’s warrants, no matter for what pur pose : Probably before the end of theycar, the peep, le w ill be enabled to perceive, that their princi ples and political rights have been as badly guarded by their Representatives, as their mon ey- Thrcaining Military Movement. —Wc pub lished in our last week’s paper a notice of cer tain regular tioops in motion, whose destination is Fort Mitchell in this State, with a view to operate, as it was supposed, by way of ultima ratio in the Creek controversy. Wc have since seen several statements of the kind in different papers, which seem to leave the matter without doubt. The most precise information on the subject which we have seen, is given by the Editor of the Mobile Commercial Register, who seems to speak “ as one having authority,” The following is the article of which we speak, from the Register of the 3d inst.: “Important Millitary Movement. —Wc have just learned from an authentic source, that or ders have been issued from Head Quarters for the immediate marching of Pen companies of U. S. Aitillery completely enquipped for tho field to Fort Mitchell in this Slate. This de tachment added to the troops already stationed at that post will constitute an effective force of 14 companies and it is probable that a genera! officer will he designated to the command. “The object of ihis movement cannot be misunderstood. We have never abandoned the hope that a collision between the Fedetai and State authorities may bo avoided, but we are not of the number who regard the question as by any means disposer! of. The General Go vernment will make every effort to complete the Indian Reservations by the 15th January, and if that is found impracticable to designate the districts in which they are to be located blit should the fail in those objects there can ro main no more doubt that the setlers will be ro moved than there is olthe ability of the Govern ment to effect it. Should matters come to this extremity which may Heaven in mercy avert, what a fearful rc sponsibility must rest upon those who have been instrumental in urging it on. How utterly misjudged illtimed and inap propriate are the sneers and taunts of the nulli fiersthat“th President has backed out,”—“ that he has succumbed to Governor Gayle,” and that he will not dare to execute the laws and treaties and maintain inviolate the plighted faith of the nation.” “Fearful responsibility,” say you? Weal ways thought that the responsibility of an evil deed properly belonged to the evil doer and to these who gave him aid and countenance and net to those who fearlesly maintained their rights even although it should be at some hazard. If it is impossible” we are told on high autliority “but that offences come; wo unto them by whem they come !” The authorities at Washington have no right to introduce their armed legion? into this State to interfere with our citizens, to settle questions of property to deprive them ot their sacred right derived from nature sanctioned by Magna Charta promulgated ever since by all free constitutions that no person shall be distur bed in his possessions, or deprived of his life liberty or property but by due course of law They have no right to introduce their troops among us even lo punish the most outrageous wrong doers because we live in a country ot laws, where the military is required to Le sub ordinate to the civil powers. The Mobile Register professes to be friendly to the Union of the States: and does not the editor know that nothing ran bring that Union into such emminent danger as such swaggering military movements as these in which he seems to e.xul ? Does he suppose that the people ot’ this country or that these States can be kept together from so base principle as Jcarl If be does he is mistaken his lattiludc entirely and it may be well enough to remind him that he is neither in Spain, Portugal, Rusia, nor Po land. That the settlers generally will he removed we have no apprehension. It will uot be at tempted and if attempted it could not be done. But wi are not without apprehension that with a view to sanction the claims of military power which have been assu ed an attempt may be made to remove some two or three friendless squatters by military force, under the expectation that they will not have sufficient influence to arouse the pnblic indignation in their favor. Bin we trust that the State will protect all its citizens and if any mote murders are committed wetrust the laws will be put rigidly in force and th e perpetrators Tassalized. Mr. Duane’s Defence. —We hove seen and carefully peruesed the exposition of the late Secretary ot the Treasury of the U. Stales, Mr. W. J. Duane. If the devclopcments made by him arc true, the conduct of the President is marked with a degree of dictation and despo. tism, which we should have scearccly looked for from John Adams himself, the notorious au thor of the Alien and Sedition Laws. The control of the Public Deposites, was by law entrusted to the care and direction of tha J Treasury. The President wished the specie M ; be removed from the U. S. Bank and deposited in several oi the Slate Banks, and communica ted such desire to the Secretary. Tho Secreta ry refused to remove the Deposites, from a sense of duty to his country. The President ha'. , ing the appointment of that officer in his own i hands, saw in a moment how to effect his gtesi : object,; ‘accordingly, he expels Mr. Duane. | and seeks as his successor, a man who worn conform unhesitatingly to his dictation ; which I we conceive of only in the light of a fearful a . I use of power. I We view the lengthy report of Mr. Tag®!’ I Mr. Duane’s successor which we have JU” j received, and which the Presidentilauds so high-1 fy, as a fan simile of Andrew himself- v !!, | pla fre coi