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gAgiS A:s i 'g® AMHMW&goaAaL .aw:D SOlatt<eiHttt #3S2jX‘J &rni © M 3B.
It -■ the destiny of
| ;, ; l ,he!rimpatualiyasa high court oi
It-'! A r ed by reason of their being Amer-
I independence, because their
I permanent!-!heir good behaviour,
I ' " \ ' tUe tenure of their office-end their
r" .*B, because they were chosen tor
Patriotism! Wonderful reasoning, adnii-
r W V kof freedom! But really to be serious
r W ' rtthat 1 cannot deign to answer
f i. no satisfied with no other safe
|i 1 Air liberty than the infallibility and
SSstedness of rulers, they
pi’ f “ self-government, and the sooner
teller the right the better for them.
O this argument is the assertion that
I. of the judges to impeachment is
rSient security against their asst,
■ warrantable powers. -The termina
fc lSe trial of Judge Peck ought to
[lctus to this position. After his ac
Ll of us flagrant abuse of power as ever
ft his,re to the “blushing honors of Jet
[ rr( ,„ires some degree of political liar
ft to refer the people to that delusive
r. , 1S the only security which they have
C judicial abuses. Too many reasons
r.lieiudwsto look upon impeachment,
IV Of terror to them. They arc not re-
Lble to the people, but to Congress. Let
(commit invasions on the ngbts of hat
i and it is highly possible they might be
■to a strict account of their stewardship,
Lions as thev confine their aggressions,
(the rights of the States, I ween they
■loiiir continue unchecked by Congress in
lolv'crusiule; for what inducement could
Itiiirds of that body have to remove from
| easot of men for merely amplifying
|r authority at the expense of State Sove
|nlr a policy which Congress approves
[pursues itself for the laudable purpose cf
fcentrating all power in the central head.j
R.C ve that, that body would dismiss with \
tjtcc its coworkrrs for their fidelity to |
Ijmnd design? Sitting in judgement on
tv-N. would not “a fellow feeling make j
Rjivimderous kiufi?” Disguise the mat-
Kyou please, yet itis true, that the Su-
I (j our t is but the representative of the
[itv in Congress and the official promul
lof their -feelings and opinions. The
receive their office from that majority
selected for their congeniality of senti
I mil being responsible to them alone,
■reason have they to apprehend impeach- j
R from that majority whose will they con-
H_v.hose policy they pursue? Congress
■he Court are but branches of the same
K nmon t —a government whose whole his
■lisrlosipa settled and unwavering pur
■of destroying the restraining principles
Kconstitution, and assuming unlimited
R- These branches must co-operate—
■mutually sustain each other. They are
I no party —entertaining the same po
ll i ws—placing the same construction
Re constitution and recognizing in each
■power to which they respectively lay
R a And yet for all this the people are
■hat when they experience oppression
|. itherofthese departments, the other is
| its sole and only judge, if the united
■of a State says that Congress by its en
■ents lias violated the articles of fronted*
■ a id oppressed the people, the Supreme
It will take the matter into consideration,
It-decree is to bn final and decisive : and
■icnasiinilar voice of complaint shall be
■1 against usurpations by the Judges, J
■res? is to investigate their conduct and
■ its derision there is no appeal. Thus
■tiliunnls identified in interest and pursu
■ i policy are made the alternate
i< < le acts of each other. Could hu
■viriom devised a more effectual mode of
these two branches of Government
r.sjionsibility lor their conduct? —
despotism ask for more power —could
Ipy greater security? And yet
I'-' consolidation politicians the despe- j
R r: gc to tell the people that this is as ;
la safeguard to thoir liberties as they
Ito require; and that if by mere ncci
[tbey fail in attempts to obtain redress
piciul usurpation by impeachment, they
lin no wise think of the rights of sove-
I'; - irthat would be highest heresy, &. to
jlo tiic tribunals of their own State would
fawn and rebellion. Well may the ad
its sof iin.tj (j . m j supremacy, preach this
|uvr! passive obedience; and knowing
r !e . r futility of impeachments* well may
[I 10 * 11 * the people to that mode of redress j
1 only one for judicial oppression. But j
’■d enquire of the friends of federal
how can Congress set in judgement
jutbcial constructions, of the constitu
ulhecourtis amenable to that body
* 'fkrpretations of the compact, then
s tastead of the court becomes the fi
r of the constitution. For high
r J;hl taisdemeanors wherein corruption
r ;n °vcn against the Judges, they may
I 1 : 1 1 ament he dismissed from office ;
I ls not offences of such like character
If'-'so much to he feared; for they will
I at seldom and bo temporary in their |
pi'iencrs—the great danger to beap
from the court is its latitudinary j
''•"■hon of the constitution. It may so
V ,la! ’ n tmmentas materially to of
f'-served rights of the people and the
i sn as to augment its own pow< rs
I■■ ° n( "’hat was intended by the framers
I Pt'vrnment. What redress against
i. ‘lion can Congress afford? Noneat
I Those the Judges arraigned upon the
1, 11 T ni,, g a false construction to the
r l| tion by which serious evils haVo ac*
I “ particular sections of the country;
| of Congress would bo “no mat-
I:A. 1 " 1 -! 0,lr opinion as to the true
I Slid spirit of the compact, we have
■, 0 puriisii the Judges for honestly dif
|vt, 11 •—•there will always be conflict-
I rjir.H. <I0I!S of that instrument, arid ii
[proper . vov incc of the Judaea to
[ ai| il settle ti. osc disputed and doubt*
'—prove btii.T r y or corruption, and
r disjj.i* - them frou ' office.” Thu i nre
l ,r "!t from all n:spo,.’ r: ‘!)ilily—neither
I P‘oi < ongr, S3 nor to f‘‘ ,; people.—
I n: 1 conics of tlic argil ßk. (> f their
I impeachment operating as ® check
j if stretch of powers ? For Pi tmes
Ip.ivy are not likely to commit or rept- 'd
I ’’‘lueritly, they arc obnoxious to im-
I ' 1:1 -but tor (ho.; j daugcious inisintcr
m tlic national compact, which
j* "o 1• o fr; 4 r*> 11’r'*■** 1 f*a
I inents to indulge in, they are unpunishable
by Congress and still further removed from
the reach of the people. There can be no
greater security to liberty than a direct ac
countability of rulers to those who are op
posed to their oppression but there can he no
greater despotism than to invest a few indi
viduals wlio hold office for life, with absolute
dominion over the constitution of our coun
try. Their will becomes the bounds oftheir
power, leaving the people no remedy against
their usurpations, but supplication at the foot
stool of their mercy.
I really am at a loss to conceive how a
mind seriously bent on truth, can require any
other than the foregoing considerations, to
satisfy it most thoroughly of tiie utter ground
lessness and fallacy of the claims to the high
authority asserted lor the Federal Judiciary.
Grant what is claimed for that tribunal of
sitting as final umpire upon all points of dif
ference between the several departments of
the General Government, and the sovereign
parties to our national compact, and at once
is it invested with imperial power—the con
stitution becomes as clay in the hands of the
potter, and the Court can mould our Govern
ment into any form and character it pleases,
‘f any additional argument is wanting to
prove that this power is apocryphal, there is
one which ought to dispel every doubt and
set the question at final rest. It is, that
there is no such'authorit y granted in the con
stitution. Ours is a government of enumera
ted powers. All are agreed upon this point.
1 he Legislative, Executive and Judicial De
partments alike derive their respective pow
ers from the constitution, and neither branch
can exercise any other than what is specifi
cally set forth and assigned to it! and yet
when we turn to tiiat part of the constitution
in w hich the duties of the Supreme Court
are enumerated, we find no such unlimited
power alluded to, as is claimed for it by the
consolidation party. Let them point out
that paragraph or sentence which declares
that, that tribunal shall be the exclusive ex
pounder ol'the compact, and that Congress,
the President and the States shall all conform
and yield to its interpretations. This is the
power claimed. If the framers of our Gov
ernment had ever intended this power for the
Court, they would in all reasonable probabili
ty have attended to three things—they would
have so organized the tribunal as to take cog
nizance of all the infractions—they would
have enjoined observance tijitm the other de
partments arid insured it. by clothing the
court with suitable power to enforce its man
dates ; and they would in the last place,
have probably said something or other in the;
constitution about the power itself, neither of!
which three things have they done. Yet in
the convention there were not wanting men,
of high abilities to advocate this very power,
it was amply discussed and well understood;
but every effort to incorporate it in the con
stitution proved unavailing. One of the dis
tinguished members moved, that “The juris
diction of the Supreme Court shall be exten
ded to all controversies between the United
States and an individual State.” Surely if
the convention intended to grant this power
it would not have rejected language so direct
ly to the purpose as this,- yet we find that the
proposition shared the fate of every other di
rected to the same object. Was it rejected
merely that other language more in point
might be adopted ? no; for when we turn to
the constitution we discover not the slightest
allusion to the Court being the sole and final
expounder of that instrument and the
arbitratoi of all differences between a State
and the General Government. With what
appearance then of fair dealing and truth can
tiie national politicians now' claim a power
which was sought to be conferred and posi
tively w ithheld ? It would ho well for the
people to reflect seriously upon (lie object de
signed to be effected by the usurpation of
this judicial prerogative. It was originally
sought by a party hostile to a Federative gov
ernment, and is now attempted to be usurp
ed by the same party for tlic purpose of de
stroying the confederation. It is the Ar
chimedes’ lever by which the States are to be
overturned and a consolidated empire erected
upon their ruins.
Let us pause a moment and view the fan
and irresistable conclusions of the argument
as far as we have proceeded ; or as mercan
tile gentlemen would say let us foot the ac
count and see the sum total. 1 hold that my
arguments have made good the following
points to wit :
Ist. That the Judiciary can afford no se
curity against executive usurpation, nor foice
the Presidentto an observance of its mandates.
2d. That many legislative abuses of the
most flagrant and oppressive character are
not cognizable in that tribunal.
3d. That against judicial usurpation there
is no redress, other than the sovereignty of
the people.
4th. And lastly. That the federal judges
are nowhere recognized in the constitution
as the exclusive expounders of that instru
ment, and of consequence, the final aibitcrs
of aJI difference between a State and the Gen
i rul Govcrnmet.
If these considerations are insufficient fo
satisfy the reader of the insecurity and folly
of looking to the Supreme Court us the only
tribunal to arrest usurpation and shield the
constitution from violation, I turn him over
to a hard heart and a reprobate mind.
PATRICK HENRY.
Fellow Citizen* >f Cpson County.
E an apology shon.d he deemed necessary i
JR for this appeal to you, it will he found!
not only in the fact, that divers false and il- \
liberal charges have hern privately andin-i
dustriously circulated in this county, having I
in view the defeat of iny election, and cal
culated, if uncontradicted to detract from that |
standing and diameter, which I wish ever;
to maintain in the estimation of my Follow!
Citizens. But I have been in a more public
and definite manner, called upon hv a com
munication in tiie Democrat ol tin- 10th inst.
over the signature of “A Citizen,” to respond
j to certain charges, in the shape oi interroga
i tories, there propounded lonic.
The responsibility of public agents, is a
part of my political creed. I therefore recog
nise Ihc right of my constituents, to demand
of me, the reasons and motives that may
i have influenced me. in any or Jill of tn\ ofli
• 1 ,
In the first place, then ; I am charged by
! “A Citizen,” with voting in favor of a law,
j allowing Indians to testify in our Courts of
Judicature.
This charge, has reference to proceedings,
w hich took place in the Legislature, year be
tore last: during that session, a lasv was pass
ed, adding that part of tlic Chorokee Terri
tory within our chartered limits, to the ad-
I joining counties ; and extending the law s of
Georgia over the same ; and among other
enactments, providing for the punishment of
the Indians for certain offences therein inon
, lioued : At the conclusion ofthat law, was
this section, upon which, I gave the excep
tionable vote. “And be it further enacted
by tiie authority aforesaid : That no Indian
or discendant of an Indian, shall be acompe
taut witness in any court of this state; until
the Judge or justice presiding, shall lie ful
ly satisfied that tlie said witness has a due
and proper sense of the obligation of our
oath. Mr. Hepburn moved to strike out
said section, upon which motion the yeas and
nays being required to be recorded, are yeas
33, nays 80. Those who voted in the affirma
tive are Messrs.
Bailey Howell
Black Iverson
Brady Johnson
Bryan Lowe
Cowart Mann
Dav isof Tw iggs Mays
Davis of Ware McElvy
Dcvereux Niei of Newton
Easley Pearson
Echols Saffold
Gilbert Smith of Dooly
Graybill Taylor
Griffin Towns
Gross Warner
Hatton Weaver
Hepburn Whilchel
How ard of Baker Wiggins
Those who voted in the negative are Messrs.
Adair of Carroll Leonard
Adair of Madison Lewis
Adams Long
Akins Lovett
Allen Try all
Archer McClendon
Ash Myers
Bacon Neal of Wilkinson
Barkesdale Northern
Barnett Oliver
Bates Overstreet
Beall Patrick
Boring I'carman
Bowin Perry
Brewster Philips
Brooke Price
Brown Ilainey
Burns Rawls
Byne Rea
Carter Render
Charlton Russell
Cleveland Ryan
Cone Sanford
Crawford Simmons
Curry of Washington Smith of .Monroe
Davis of Richmond Stapleton
Dixon Stephens
Dougherty Stirling
Paris Simoons
Freeman Townes
Gray Townsend
Greene 'Pi inter
Hamilton Wade
Hardeman Wahihour
Hatcher Warren
Hicks Wayne
Holmes Weil horn
How ard of Lee Williams
Hudson Willis
Hull of Clark Wilson
Hutchins Wofford
Irwin Worsham
Kell um Young
“A Citizen,” charges me with giving as a j
reason for this vote, that the leading men of
my party voted in favor of it; which, I utter- j
ly deny.
As will lie seen, the vote on this motion, J
was not a party vote ; the leading members of j
both parties sustaining, this section. What i j
the relative proportion of the Clark and ■
Troup parties on this vote, I am not able, at
this time, to say. This much, however, Ij
know, which had a considerable influence in j
determining niv vote ; that of the thirteen
members, representing the seven counties,
bordering on the Cherokee Territory, and to:
whose jurisdiction, that country was attach
ed ; eleven of the thirteen, including the
oldest and most influential members, were
warm and zealous advocates of this section ;
among whom, were Bates, Cleveland, Wof
ford ; unquestionably at that time the lead
ers of the Clark party. And ot the sixteen
Representatives, from the counties ot Coweta,
Klbert, Fayette, Franklin, Jackson, Madison,
Wilkes, and Troup :—Counties in the viciui
-1 ty of the Cherokee Nation ; fifteen nut o ( the
sixteen members, voted the same way; aj
large majority ot whom were Clark men ;|
however this may bo; whether they were;
j Troup or Claik men is not material. But,j
I for myself, confiding in the honesty and in-1
! tegrity of those members ; whose proximity .
! to the Cherokee Nation, entitled their judg- ’
inent and opinion on this subject to much
weight and consideration ; and believing, they
would not advocate a measure, which in its
nature and under the circumstances, was cal
culated to take effect pi ineipaliy among thorn
j selves and their constituents; unless they
had been fully persuaded ot its justice and
j propriety ; —And believing they were can- 1
! did in their statement, that such a law, would
1 be beneficial to the white people in that sec-;
! tion of the country; —That there were anuin-l
j her of Indians there, half-breeds, as also the!
i common Indian, who were well educated, j
| moral and religious men; —Whose persons
and property, were altogether at the mercy
of the lawless white men, who hover on the
! frontier ; and who were in the habit ol going
I into the nation and driving off with impuni
ty the Indian's Cattle, horses and hogs
i 'j'hat they from a knowledge of the probable
effects and operation of that law, had nothing
i to fear in behalf of themselves or their con
jstituenis:—“For that, under tiiis law, our
I courts would seldom allow an improper wit
-1 ness to testify and if they should, occasion
; ally do so, the jury would still have power to
weigh the testimony and to disregard it al-
I together if unworthy of credit; —That no one
1 could doubt the disposition of the white jury,
lo ' r pf t! ’ :‘er .“t of 'he wlii* 0 man ;
and no one, could reasonably presume, that
they would find against a white man, on the
testimony o. an Indian, unless that testimony,
was clearly entitled to credit, or sufficiently
corroborated by other testimony.” Moreover,
a great pari of the law extending thecrimnal
and civil jurisdiction of this state, over the
Cherokee Territory, without this section,
would ho inoperative and altogether useless,
j mention these facts and arguments, as hav
ing been advanced and urged upon the
House, principally ,y the members represent*
•ng the counties, bordering upon and in the
vicinity of the Cherokee Nation ; which 1 be
lieve to bo strictly in accordance with the
facts, as there were for reasons before men
tioned, chiefly interested in this measure. Un
der the influence of these and the like views;
I gave my tote, and whatever, may be, the
abstract merits of that vote; 1 have the con
solation of having, voted honestly and with a
due reverence to the oath, I had taken ; to
vote on all questions, coming before me for
the best interest of the country.
But, fellow citizens, this you will, observe,
is a vote, 1 gave year before last; since which
period, I have had the honor of being a second
time elected, your Representative, without
opposition; and if there was that crying and
unpardonable sin in that vote, that my op
ponents would wish to induce you to believe ;
why, have 1 not been called to an account,
for it, before this ? Were my opponents then i
slumbering over the rights and interests of
their country ? and, have they but just now
awoke? No, fellow*citizens. It isall a hobby :
it is all an eleefionearing trick.
This very section, for voting in favor of
which, I am now to be put down, has been |
in substance the law of Georgia, ever since
the settlement of the State, down to 19*JGa!
period of about a century ; and, wffiereis the l
instance, that a judge or jury of this State,!
has been so regardless, of the rights and in
terests of their fellow citizens as to give
credit to an Indian, to the w anton violation
of those rights : If the citizens of those four
teen or fifteen Counties, bordering upon and
in the vicinity of the Cherokee Nation, had
known of the existence of such a case or ap
prehended its occurrence ; do you believe !
they would be in favor of this section? by no!
means. Another reason, I will mention, that:
had some influence on rny mind. It was ur-i
ged, on the suggestion of General Jackson,'
that if Georgia, would in this particular, per-1
sue a more lenient and liberal policy towards I
the Indians, Congress would be better dis- \
posed to co-operate with her in extinguishing!
the Indian titles and removing them from our'
lands. For without the aid and approbation
or Congress, we shall never be able to effect
this desirable result, without collision with
the General Government, which may result
in cl\ il war and disunion.
The next charge “ A Citizen” calls upon !
me to answer, is one if true, would place me |
before the public in a very unenviable light, j
morally and politically. But it is a source
of infinite satisfaction to me, to he able fo
present a triumphant vindication from this
charge, of moral and political derilection m
die liw itself; which I have been charged
with introducing, for the express purpose of
breaking up Robert’s Ford Road, by the sale
of the Island, through which it passes for the !
benefit of Col. Thomas’ Ferry. The law i
reads thus,
An act to provide for surveying and dis-;
posing of the unappropriated Islands in the]
Flint eV Chattahoochie Rivers, and for grant
ing the same.
Be it enacted by the Senate and House of
Representatives of the State of Georgia in!
General Assembly met, and it is, hereby en
acted by the authority o*’ the same, that it
shall be the duty of the County Surveyors of
thre Counties lying on the East Bank of the;
Flint River, immediately after the passage of
tins act, to proceed to survey and plat, all i
unappropriated Islands in said River, of ten
acres and upwards adjacent to their Counties
respectively, & furnish aplatt of the same de
signating the number of acres, to tlic Sheriff
of his County, and one to the Surveyor Gen
etal, for which the said surveyors shall be al
lowed their ordinary fees, except the Island
opposite Roberl’s Ford on said river, and over
which the said public road is now established
leading from Thomaston to Columbus.
Now, it is manifest, from the law and facts
in this case, that there are three distinct and
independent reasons, each itself a sufficient
answer to this charge. In the first place, the
Island at Robert’s Ford, does not contain ten
acres; and none under ten acres, were to be
sold by the law ; in the second place, if that
Island had contained ten acres, it could not
have been sold, for it is expressly excluded
from sale in the law, whatever may be its size
or value; and in the third place, that road
was recognised, as a public road by the Infe
rior Courts, of both Upson and Talbot ; and
consequently the purchaser of that Island
even if it had been sold, would have had no
right to have obstructed, tint or any other
road, passing through it—the Island previ
ous to the passage of this law lying in the ju
risdict ion of Upson.
I am in the next place, called upon by “A
1 Citizen,” to explain my views and the course
i I took, relative to establishing a precinct on
1 the river. 1 was not. before, apprised that
my views or conduct in that affair lnd been
called in question: However, for the satis
faction of this querest, as well as all others
concerned, I will briefly state my views and
conduct, in relation to the establishment of
that precinct. In the first place then, my
views were simply to represent the wishes of
my constituents: And in the second place,
l did advocate and aid in procuring the pas
sage of a law, establishing an election pre
cinct at Blount & Davis’Store ; having ascer
tained such to be the wish of the citizens of
that section of the county, and that such a
measure would meet the approbation of the
county generally.
In the last place,“ A Citizen” intimates,!
■ dial I am highly saturated with the mania of
! Nullification. In reply to this, I would sim-;
; plv observe, that 1 have not been able, as ]
! yet, to attach a definite idea to that mystical
word “Nullification.” However, if as “A
Citizen” seems to suppose, it is connected!
with civil war, revolution, blood and carnage,
l am no Nullificr.
Notwithstanding, T have labored to be as brief
1 as possible, in answering the charges brought
against me, by this annonymous writer : yet,
this address has swelled to such an entent, as
to render it inexpedient to notice as was my
purpose, some other charges that have been
privately circulated in this county, intending
my injury: However,confiding in the reflec
tion, that the people of Upson county, will
not condemn me, without a fair hearing, or
some plausible evidence of guilt.—l hasten
to subscribe myself thus,
Fellow Citizen,
JAS. YV. GREENE.
Thomnston, Sept. ‘JO, 1831. 45—tf
To Ile voters of Ifihh County.
i^ELLOW-CITIZENS —Some months since
my name was announced in the public Jour
nals of this place, as a candidate to represent you
in the representative branch of the next Legisla
ture of this state. Since that time there have
been many important changes in the mercantile
world, affecting almost all engaged in trade ;
that I seould have escaped the troubles of others,
engaged in the like pursuit, was not to have been
expected. Those changes, which arc familiar to
you all, have caused much time to be spent by
those w'lio are able to sustain themselves in mak
ing the necessary arrangements for the approach
ing business season. My own business has ta
ken much more of my time Ilian 1 anticipated in
the early part of the season ; it has also been one
which called me from the county, and even from
the state; that this circumstance has prevented
me from commingling with my friends-and ac
quaintances, and keeping up as well as increas
ing that social and friendly feeling, which is the
result of frequent intercourse, is a fact that I am
aware of; that I have also been denied the privi
lege of rebutting unjust and ungenerous accusa
tions, is a fact known to yourselves; to have cal
culated on having justice done by enemies and
designing men, would have required a mind more
credulous than my own ; that much has been said
tending to impress the mind with the belief that
nature herself had been sparing in her bounties to
me, you have only to turn to the public journals
of the day—to prove this, however, is a matter
of hut little importance, for notwithstanding I
possess as large a stock of vanity as ought to fall
to the share of any man, I have never been so lost
to common sense, as to believe that 1 was able to
throw in the shade men who have distinguished
themselves as jurists and statesmen; but there is
one accusation which 1 am anxious should be re
pelled—one in which my reputation as an honora
ble man is assailed ; I mean the statement made
by Mr. Groce, “ that l was used as a mere candi
date to keep off candidates for his, Groce’s bene
fit, and 1 would decline being a candidate just be
fore the election.” I here state, and challenge
the world to produce evidence to the contrary,
that 1 never did, either directly or indirectly, ci
ther by myself or through any friend, give Mr
Groce to understand that I would, or had any in
tention of declining, and had I have had such an
idea, it would never have been based upon such
principles. I have only to ask of my friends such
support as rny general character for capacity and
integrity, may, in their estimation, entitle me to.
Your fellow-citizen,
IL S. GRIFFIN.
Macon, 20d Sept. 45
MACON*-
“Our Book relates toall the acts and employ
ments of man.”—Juvenal
Friday, *t'pt. 33, 1831.
ConTspoiidcnh.
Q'j' The length tf “Patrick Henry” has ex
eluded a lyrent many articles intended for to-day's
paper. He is coming out with another number,—
trhen he f lushes his lurrubutions u-r will speak to
him. In the mean time, we hope he wtU recollect
what the poet says.-
“Man wants but little here below,
Nor wants that, little lono.”
The same cause prevents us from doffing our bea
ver tv Mr. McDonald. Hut we don't think he will
he angry with us. IVc will make our bow to him
j again, by und by.
The <liie*(ion at issue.
The two propositions which now present them
i selves for the decision of Georgia, are
&IL.MER
• hid the Laics,
LUMPKIN
• Bad 'Taxation !! !
Will the people hesitate “ which of the turn to
choose?" They cannot—they will not. Let then
their cry be, on the first Monday in October,
LONG LIFE TO GILMER!
LONG LIFE TO TIIE LAWS!
AND
DOWN, DOWN WITH LUMPKIN, AND
HIS ABOMINABLE SYSTEM OF
TAXATION ! ! !
Cherokee Iti(liuti*i.
We learn from the Athenian, and from the lel
ler of Governor Gilmer, published below, that
I 0 aim too, a Cherokee Indian, who was arrested
) for violating a law of the State, relative to the
i Gold Mines, has been discharged by Judge Olay
! ton. The reasons for that discharge, we under
i. stand, are based upon Ids Honor’s presumption,
i that the law' is unconstitutional. With the Geor
i gia Journal, “we deeply regret the collision that
has occurred between the Executive and Judicial
departments” —the Journal might also have ad
ded the Legislative department;—for it is upon a
law emanating from that branch of our govern
ment that the Executive has acted.
But, at the same time, we must he
i allowed to express our admiration of the decisive,
| energetic, and constitutional course adopted by
j Governor Gilmer, in his orders to Col. Sanford.
| If the rights of Georgia are not now manfully
j maintained, their infractions will hereafter give
i impunity to offences, which will cause humanity
j to weep tears of blood.
If, and we cannot doubt the fact tinder existing
circumstances —Judge Clayton has discharged
Canatoo, it appears to ns to he strangely discrep
ant with the opinion which he delivered in the
case of the state against Worcester and others, at
Gwinnett court. That ease, it appears, involved
the same principles, which were recognised in
; the trial of Canatoo—but the conclusion at which
' bis honor has arrived seems widely variant from
! the one he has heretofore made. We here take
; it for granted, that the Indian, Canatoo, was con-
I victed of digging for gold, in the gold mines of
! Georgia, within her jurisdictional limits,
i Now, in the case of Worcester & others, Judge
: Clayton holds the lollowing opinions :
That, as we are not at war, “ we do not- con
template war in protecting our gold mines, and in
enforcing our laws in a particular district.” [This
certainly admits tire right of protecting our gold
mines.]
That, “ the moral powers of a government
would be perfectly useless, if they could not em
ploy their physical energies to carry them into ef
fect.” [This, even apart from motives of politi
i cal expediency, sustains the moral propriety of
1 the law.]
That, there is no “ difference between a trea
sure in the Cherokee nation, and one in the state
house, where a captain and a guard, for the last
thirty years have been kept, to secure the public
moneys in the Treasury.” [Thi3 supports the
reason and equity of the law.]
And, finally, that—“ It L not for the Court to
prefix boundaries to the will of the Legislature
it lias thought proper not to do so—and of course it
would be highly improper for me to do it.”
This is sound constitutional doctrine, and such
as was recognised by the Supreme Court Itself
in the, case of Tassels.
If. then, Canatoo was guilty, how could Judo-e
Clayton discharge him? There may, however,
be justificatory circumstances not yet reported.
U e wait, therefore, with much anxiety to be put
in fuller possession of the facts of the case.
Executive Department, f
MMedgeville, Sept, go, JB3I. S
Sir I have just learned that the Judge of
the Western Circuit has decided that law
for the protection of the mines in the territory oc
cupied by the Cherokees is void, and has dis
charged an Indian from confinement who had
been arrested by the Guard for its violation. As
the effect of this decision will be fo create the o
pinion among the Indians, that they are now li
censed to plunder the .State of this valuable prop
erty, I have thought it proper to give you express
instructions to defend it, that you may be justifi
ed in pursuing that course.
I have no doubt but that the Legislature has
the authority to take possession of the mines, and
the constitutional riglittopass laws to proteettheni
from trespass. By the law which lias been pass
ed, the Governor is directed to take possession.
0 “ ,e mines, and to cause all persons to he ar
rested who may attempt to violate that posses
sioii. Ihe special object of your appointment,
and the organization of the guard under your com
mand, was to enable the Governor to obey these
requirements. You are not an officer connected
with the Judiciary Department, hut the a<renn
whom the Legislature has authorized the Execu
tive to employ, to perform a public service, which
was imposed by law, upon that department.
lon will therefore arrest every person who
may he found attempting to take away any gold
Irom the mines. You will give general informa
tion m the Cherokee country of the determina
tion of the Executive Department to enforce the
laws so as to prevent if possible the necessity of
making any arrests.
I he peaceful acquisition of our Indian territo
ry, and the preservation of the rights of the State
may depend essentially upon your prudence and.
firmness in executing the duty which has been
assigned you,
Very Respectfully, Yours, &c.
GEORGE If. GILMER.
Go/. John W. A. Saxeuud.
Missionaries and others convic
ted.
It is certainly with no pleasant feelings that we
record the conviction of those deluded individu
als. It is a painful—a very painful duty to do so.
But the majesty of the laws, are paramount to all
personal considerations. An obedience to them
is the first duty of every citizen. No man should
he permitted to assail them either covertly or
openly, without receiving the full measure of
chastisement which their violation imperiously
demands. The protection of our property—the
safety of our persons—in one word, the vital in
terests of every department of society, mainly de
pend upon their preservation.
The case of the Missionaries, however is a nov
el one in our courts of judicature. Led astray by
fanaticism or bigotry, they have been induced to
raise the arm of rebellion against the laws of our
State. They have been tried and condemned by
a Court and Jury consisting of their own coun
trymen, and can therefore have no cause to com
plain that the law has been unjustly meted out to
them. But, when we look into the fanatical mo
tives which apparently actuated their couduct, wo
are induced, for once, to think they are proper sub
jects for the exercise of Executive clemency.
They are, by this time, no doubt fully convinced
oftheir madness and folly. They will too, here
after, be quite sensible, wo think, that their oppo
sition to the laws of the country can only end in
their own punishment and disgrace—and, if per
sisted in, probably, in the utter annihilation
of the unfortunate race, whose happiness and
prosperity, it appears they have so much at heart.
Tiie following intelligence of their condemna
tion wc received by last Tuesday’s Athenian :
I ait e trials. —At the Gwinnett term of the Su
perior Court held last week, the Rev. J. J. Trott,
Rev. Ezra Butler, and Rev. S. A. Worcester,
Missionaries in the Cherokee Nation, wore sen
tenced to imprisonment in the Penitentiary for
four years each, for refusing to take the oath to
obey the laws of Georgia. At the same terra
seven other white men residing in the nation,
viz: Messrs. Ghan, Delosier, Mayes, Ooplin,
Eaton and two persons by the name of Thomp
son, received each the same sentence for the same
offence. The old plea denying the jurisdiction
of the Court, was the only defence set up.”
Cherokee Ecnigralion.
The Georgia Journal of this morning, contains
a very interesting Correspondence between Gov
ernor Gilmer and the Secretary of War, on tho
subject of Cherokee Emigration. It is charac
teristic ofliis Excellency’s untiring devotion to
the rights of the State, and augurs well for a
speedy and pacific removal of the Tribe, and the
possession of a valuable territory, which, of right,
should long ago have been the people’s.
Fntosilon Convention.
The Delegates front Newton county, are Dr.
Win. D. Conyers, Charles H. Lauuers, and
Jostah Berry, Esqrs.
From Greene county—Mossrs. Thomas Stocks,
Thomas Dawson, Thomas G. Janes, and Charles
A. Redd.
Each of those counties also expressed their un
qualified approbation of the Philadelphia Anti-
Tariff Convention, and the appointments made
at the Athens and Savannah meetings. How d'ye
do, Mr. MtDonuld ?
Consulate or the U. States of Amehic v, >
St. I’ieri, Martinique, IStli Aug. 1831.
Sir—The British Government brig, tiie
“Duke of York,” lias this moment arrived from
Barbados, bringing the painful iutt lligence
that that island had been almost entirely des
troyed by a hurricane on the 10th inst. For
tunately I have obtained a paper, which I
now forward. It, however, gives but a poor
idea of the damages and losses sustained, as
appears from tho memorandum on the bock,
by a gentleman of high respectability. Pri
vate letters estimate the number of lives lost,
at between four find five thousand;and great
fears are entertained lest the effluvia from tho
bodies under the ruins (putrefaction having'
already commenced,) may add disease to fa
mine and want. Many of tho inhabitants who
have ever been accustomed to the fu.xrics of
life are now withoutclothing or shelter. Re-
I furring you to the newspaper, I have the hon
or to be. Sir, in haste, your obedient servant*
JOHN S. MIFRGKEV
" i