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We me requested by JuJge Clayton to I
publish the following as a part of his opinion '
delivered in the case of (Jauatoo, the Cucro-,
koc Indian.
it was my intention to have given the j
Court’s opinion upon an incidental question
resulting from the main point in the above j
case, bat it escaped iny recollection j ;t is!
this; it is contended that if the Indians are |
permitted to dig gold, they can employ any |
one else to do it, under the maxim that, “he j
v.'ho does a thing by anotner, does it by him
self,’’ and that therefore they can employ
white-men and negroes to any number, loop
crate in the mines. And it is urged that i
whatever use a man has of property, he has j
the right to employ all means in ins power to j
make that use as productiv e as possible.— [
Mow there is nothing more erroneous than j
tins principle. In the first place the above j
maxim does not apply to criminal acts ; it is (
utrictly applicable to civil transactions.—
Crime admits of no agencies; whenever an !
act is made criminal he who commits it will j
V'- answerable o:r his own account, and can-;
no* plead that he does it at the instance of
another. Bat if the maxim did apply to;
criminal cases, surely iro one will deny tii" |
right of the. Legislature to alter if and make
such exceptions to the maxim as they pleased.
Admit for the sake of argument, that the Le-!
gislature couid not control the Indians in cm- j
ploying laborers to work their farms and
mines, what is to hinder them from prevent-!
ingtheir own citizens and indeed all white '
|xtso.is from going into the nation, upon any j
terms whatever, as the United States did
when they had the charge of the Indians and j
their lands? And if they can exclude them?
altogether, what hinders them from permit- j
ting it upon such terms and conditions, as j
they might think proper, as they have lately j
done in the act passed last session, j reseri-!
Ling an oath and requiring them to obtain ai
'license? What is to prevent an additional]
condition, that no white man shall go into]
the nation, unless he takes an oath that lie
will not be concerned in digging gold, or un
der a severe penalty it lie attempts to do it.
To recur again to the reasoning, that a
man who has property inay employ all the
means in his power to make that property as
productive as possible, I would ohs rvc, the ;
slightest reflection will convince any one of j
tiie linsoimdness of this doctrine, '/'hero are!
to he found various instances iu our statute j
books, where this position is falsified. Wit
ness the numerous acts that prevent persons
from using their gaming tables, that prohibit
*h > retailing of spirituous liquors without j
paying a tax for the permission, and if a taxi
to oac amount can be imposed, so may anoth-;
-er, and it may be so ir Teased as to prohibit [
the use of the property altogether. But there
jis a case exactly in point in tin act pasts 1 at]
Ahe session of 1829, entitled “act ta prohibit j
(the employment of slaves and free pei-ms of]
•colour, in the setting of typos in printing , f
fices of this State?” That act indicts a pen- 5 *
ally of ten dollars a day for every day, or a
fart ofu day, such slave or free person may
lie employed. Now what is to hinder the
legislature from taking tho above caption,
striking out the words “setting of types” &c.
and substitute “digging of gold in the Chero
kee nation,” and instead of prescribing llie
penalty of ten dollars a day, confiscate the
slaves, and punish the free persons in such
manner as they may think proper ? Nothing.
If owners of Presses cannot use or employ
their own slaves in working in their offices, a
jnoperty as much tiicirs as the use of the laud
is that of the Indians, surely no objection can
be urged against li e State’s preventing white
poop!' from employing slaves or free persons
in digginggold in the nation, or of hiring
them to tiie Indians for that purpose. If a
law can prevent the hiring of a slave to him
seif, or to another slave, it can to an Indian.
On this subject the court feels no difficulty,
for while the United States regulated the in
tercourse with Indians, w hich right lias now
passed to the State of Georgia, it restrained
the admission of white persons into the na
tion, under much severer penalties than ever
Georgia has resort*, and to. Whatever rights
were exercised by that government, and in
deed all the rights which belong to the Indi
an relations, are now exclusively under the
control of Georgia, no otherwise bound than
by he r own contracts and the lawful treaties
oftlie land.
Souther i Jireorder .
Polti leaf.
From the Baltimore Chronicle.
Tiie following jesolutions were adopted by j
Toe National Anti-Masonic Convention, on
Wednesday. j
In the National Anti-Masesuc Convention, (
Baltimore, Sept. 1881
Resolved., unanimously, That WILLIAM
WIRT of Maryland, be nominated as the
Anti-Masonic Caudidatu for the office ot
.I’rcsidcnt of the United States at the ensuing
election.
Resolved, That a coumiittc of three mem-
Irrsbe apjaiinted to communicate tiie (ire-,
ceding resolution, to Mr. Wirt, and re
quest his acceptance of the above nomin
ation.
Mr. Rutherford of New Jersey, Mr. fsloan
if Ohio, and Mr. Elder m l’cns. Ivaui?, were
appointed the sain" c< mmittcc.
At ill Meet ingot the Convent
P. M. tiie following conunumcation from
Mr. Vv ini, was received :
Tjil'TLEmi.n :—The unanimous resolution
*jf the “’National Anti-Masonic Convention”
assembled at this place, nominating me a?
their candidate for the oilier; of President oi
tho United States, at the ensuing election is
an honor very grateful to tno, us a proof ot
confidence from so expectable n body, and
cpiitc as unexpected as it is grab ful. My
pursuits, habits and inclinations, have rc
j *ovcd me so far from the political excitements
xnd contentions of tho day, and 1 know so
well* from a close personal observation of
twelve years, how little of attraction there is
in Uie ofiice of lTcsident of the United States,
• to any man who values bus own jvoace, that it
v, as as f: n moved from my wishes as my ex
pectations, that it would occur to any portion
;>*•; fellow citiz’-tis to present my name to
the consideration of iny countrymen for that
office. Not only have 1 never sought the of
fice, but 1 have, long since, looked at it with
far more of dread than of desire, being fully
aware of its fearful responsibilities, and of the |
fact, demonstrate'! by past experience, that 1
no degree of purity and intelligence that can
bo exerted in tiie discharge of its duties, can 1
protect its possessor from uiisrcprcscutaioii j
and aspersion.
Give me leave to add gentlemen, that one !
of the last quarters from which l could have !
anticipated such an honor, is the Aati-Ma
sOniC Convention : because, adopting, (too
hastily, I am happy to find.) the current ru- j
mors of the day, I had supposed that tho very
principle of your union was a war of indis
criminate proscription against all persons
throughout the United, States, who had ever
borne tile name of Mason ; that you would put
in nomination no person who had ever been *
a mason himself, and who would not, more
over, pledge himself to become a party to !
such a war of indiscriminate extermination, j
and wield the appointing power of the office
under your dictation; who would not, in short,
become the President of your party, instead J
of being the President of tiie United States.'
I am happy to find that this is an error; for Ii
should have been grieved for my country, to I
see the rise of any party that should affi-ct to
seize upon the rein3 of government, arid,
through the agency of an automaton President,
toditect its powers to the vindictive purposes i
ot party proscription and persecution; and i
should he grieved, for myself, to learn that
there had been any thing in iny life and char- 1
acter that can'd murk mb’ out as a fit instru-;
incnt for the execution of such a purpose.— |
1 am relieved from both these apprehensions j
by learning, since your assemblage here, that j
you have no other object in view than, in ci- j
feet, to assert the supremacy of the laws oft
the land; that you Seek to disturb no |>ortion 1
oftlie peaceful and virtuous citizens of our!
country in the enjoyment of those social rights \
w hich arc secured to them by their cohstitu
j tionand laws ; but on the contrary, that the
I principle which has embodied you, is one of
si If defence, in the enjoyment of those rights;
that having become convinced by the disclos
ures made under oath, by numerous and re
spectable witnesses, in the trials which have
been agitating the .state of New-York, for
several years, and by your investigations con
sequent on those disclosures, that tho .Mason
ic Society has become a tremenduou j politi
cal engine, with the power and the disposition
to set the laws of the laud at defiance, to
mark out and sacrifice its victims at pleas
ure, and with impunity, and to silence all
individual opposition by the mysterious ter
rors which it diffuses throughout the commu
nity, you have come to the determination to
root out this noxious institution if you can In/
the use of all the peaceable, legal, and cou- \
j stitutioml means in your power; that the l
I most effective means of this character which 1
j has presented itself to you, is by the excr
iciso of your elective franchise ; that deeming j
j every man unfit for office, who, in accordance !
• with the principles established on the trials in
j New -York, considered his iMasonic oaths and ;
] obligations as superior to liis obligations to
] the constitution and laws of his country, you
will support no man for any ollice who holds
that principle or adheres to the society v. hose
; principle it is ; that you consider a man’s al
legiance to his ( Country his highest earthly ob
ligation, and that no man is tit to be trusted
; w ith one oi the offices of the country who
! w ill permit a doubt to rest on the fact of his
allegiance. These 1 understand to be your
j principles and 1 see nothing m them v/hich
] does not commend them to every man whose
mind and heart are sound : for there can be
no question among reasonable men, that in a
; free government like ours, the constitution
1 and Jaws are only sovereign, that the peace,
J order, prosperity and happiness of our people
' depend on the steady, faithful and effectual
j administration of our laws; that any secret
I society which, by the force of mysterious oaths
i and obligations, and by the extent of its com
bination, seeks to-disturb the action of those
laws, to set them at defiance, to ride over and
control them, to usurp the government, to hold
j the lives, peace and happiness of society at
j their mercy, and to establish a reign of tcr-
Irorover the initiated and uninitiated, is a
political monster as fearful as the Invisible
; Tribunal of Germany, or the Inquisition ot
j Spain, and ought to be extirpated, w ithout de
] lay,by the use ol all the peaceable means
] which the constitution and laws ofourcoun
j try furnish. lam further sure that, in our
, country, it is but necessary to establish the
! lad or the existence of such a society to in
sure its aimi'iilation.
But, gentlemen, although your resolution
•asks ol me uo pledges or promises, vet the
name and sU le ot tho Convention from
Hilicli it proceeds, the Anti-Masonic Conven
tion, may be considered botli bv voursclves
and our fellow citizens, at large, ms neces
sarily involving bv implication such pronii
si sand pledges; and it is therefore proper
that I should be perfectly open and candid
"ith you, that there may be no misappre
hension between us, and that you may be
able to disembarrass yourselves at once,
by changing your nomination, if you find that
you have acted under mistake in passing this
resolution.
lon must umlrstand, tlirui if you are not
already apprized of it, thut, in very early
fife, I was iny.-elt initiated into the imsteries
ol free .Masonry. 1 have b"en told by]
Masons that rnv eyes were not opened, be
’ cause I never took the Master’s degree: but
my curiosity never led me thus far—and,
although, 1 soon discontinued my attendance
on lodges,(not having- entered one i vcri from
curiosity tor more than thirty years, 1 be
lie\e) it proceeded from no suspicion on
my part that there was any thing criminal
|in the Institution, or any thing tint, placed
lds members, in the slightest degree, in
| collision With their allegiance to lliur eoun
*ry and its laws. On the contrary, having
| been before my initiation, assured by a gen
j tleman in in w hom 1 had implicit confidence,
I th-it lh re was nothing in tho engagement
i " 'fin* could affect r filler my religion or polit
j ies, (winch [considered ns comprehending
the whole range of my duties, civil and r. h
gious, and ns extending not to tfir; first u'e- ;
gree, oniv but tojlio whole Masonic order J 1
tvr.d heiiij further informed that many el'the'
most illustrious men of \ irginia with Gener- j
al Washington at their head, belonged to that
order, and had taken the degree of Master, 1
1 did not believe that there could he any j
thing in the institution at war with their do- j
ties as patriots, men ami Christians; nor is it j
yet possible for me to believe that they could I
have understood the engagement as invol- J
ving any such criminal obligations. I have, j
thence forward continually regarded Mason- J
rv as nothing more than a social and charita- j
hie club, designed for tiie promotion of good
feeling among its members and for the pe
cuniary relief of their indigent brethren. I
have indeed, thought very little about it for
thirty years. It had dropped from my mind
so completely that 1 do not believe 1 should
have been able to gain admittance into any
lodge at all strict in their examinations,
where 1 should have had to depend alone on
my memory; and so little consequence did 1
1 attach to it, that whenever Masory has been
occasionally introduced as a subject of conver
sation, 1 have felt more disposed to smile than
to frown. Thinking thus of it, nothing has
more surprised me than to see it blown into
consequence in the Northern and Eastern
States, as a political engine, and the whole
community excited against it as an affair of
serious importance. 1 had heard, indeed, the
general rumor that Morgan had been kid
napped and very probably murdered bv Ma
sons, for divulging their secrets; hut I sup
posed it to lie tho act of a few ignorant and
ferocious desperadoes, moved by their own
impulse singly, w ithout the sanction or know i
| edge of their lodges; and thus thinking, 1
have repeatedly and continually, both in con
versation and letters of friendship, spoken of
.Masonry and Anti-Masonry ns a fitter subject
for farce than tragedy, and have been griev
ed at seeing some of my friends involved in
\ what appeared to me such a wild and bitter
j and nnjust persecution against so hamilessan
institution us Free-Masonry. 1 have thought
j and repeatedly said that I considered Masou
; vy as having no more to do with politics than
! any one oftlie numerous clubs so humorously
| celebrated in the Spectator; and that with re
! gard to the crime in Morgan’s case, it was
i quite as unjust to charge that on Masonry as
J it would he to charge tiie private deiinquen.
j cics of some professing Christians on Chris
tianity itself. Thus I have thought ami
thus I have continually spoken and written
j iu my private letters to several of my friends,
i It was not until the period of your assem
bling here, that on the Occasion of a friend
ly visit from one of youi members, and my
taking the liberty to rally him on the exces
sive zeal which had been excited on an o ra-
idea so inadequate that he placed before me
a detail of some of the proceedings on the
trials ot the conspirators against Morgan:
when, for the first time, 1 saw the Masonic
oaths as established by the testimony both of
adhering and seceding Masons on the trials
in New York. I observed that in one of them
(called the royal Arch)the candidate swears
among other things that he will aid and assist
a companion Royal Arch Mason in distress,
and espouse his cause so far as to extricate
him from the same, if in his power, whether
he be right or wrong, nw\ that he will conceal
the secrets ot a companion Royal Arch Mason
given him in charge, as such, murder and
treason not excepted; and in other oaths, in
still higher degrees, I also observe that the
candidate binds himself to avenge the viola
ted secrets ol tlie Lodge by the infliction ol
death on the offender, anti to revenge wrongs
ot *'i brother to the utmost extremity; and the*
whole mixed up with the most horrible
imprecations and blasphemous mockeries ot
tho rites and tenets of the Christian Rd
j gion.
In the details of I lie trials in the case
°f Morgan it became manifest that these
oaths are not considered by those who
impose and take them as mere idle and i
unmeaning 'words; but that they aro|
j viewed as solemn obligations which arc|
I to be practically enforced, and which in j
I the case of Morgan there is too much rea-!
son to believe were tragically enforced. !
According to the reports oftlie details of
! that trial as given at sonic of your former
meetings, and given at greater length at
your meetings in this city, (at one of}
which in common with other citizens, I
; was present.) those oaths arc understood
literally, and literally enforced : and, ac
cording to the exhibition of the evidence I
made in those reports, the conspiracy a
gainst Morgan was not, as has been com- •
inoiily supposed, the act of a few igno- |
rant men, alone : but was engendered tv
(he lodges themselves, enforced under their ]
direction, and supported at their expense ; ■
the conspiracy embracing, within its
| sweep, men of all degrees, men of the
learned professions, fanners and mechan
ics: with too much reason to believ e that
the secret energy of the masonic spirit
hud entered and polluted even the temples :
of Justice : and with the most demon-j
strat ive proof, t hat the persons who had j
entered into these unhallowed oaths, con-1
sidtTcd their allegiance to the lodges as of 1
higher obligation than their allegiance to 1
| their country. If this he masonry, as ac-'
cording to this uncontradicted evidence
it seems to he, 1 have no hesitation in
I saying, that 1 consider it at war with the
fundamental principle of the social com-!
pact, as treason against society and a
wicked conspiracy against the laws of,
God and man, which ought to he put
! down.
But gentlemen, this was not, and could
not he Masonry as understood by Wash
ington. The tiling is impossible. The
suspicion would he parricide. Nor can
I believe that in the quarter oftlie Union
wit It which l am best acquainted, int-lli
! gent men of high and honorable charac
ter. if they have been draw n in to take
ihesc shocking and impious oallis, can
consider them as paramount to their do-1
ties to their God and their country. It. is!
true that after the practical exhibition ofj
Masonry which wc have had inN. York,
no limn of common prudence ran sleep,
I over these discoveries, and will take care*
in every ease of doubt to inquire. But
both .justice and prudence demand discid- :
initiation; for the powers of a President
ought not. in my opinion to be prostitu
ted to the purpose of a blind and unjust
proscription, involving innocence and
honor with guilt and treason, and no
man is worthy of a nomination to this high
office in whose judgment and patriotism,
confidence cannot he placed to make the
proper distinction, between them. In the
view of all honorable men lie would de
servedly become an object of disgust, if
he could stoop to commit himself by any
pledges, in a case like this, as the price
of his nomination.
If with these views of my opinions, it
is the pleasure of your Convention to
change the nomination, I can assure you
very sincerely that 1 shall retire from it
with far more pleasure than I should ac
cept. If, on the contrary, it be their
choice to abide by it. I have only to add,
that in a government like ours, l consi
der no citizen at liberty to reject such a
nomination by so respectable a body, up
on personal considerations.
the final determination of your con
vention what it may, 1 shall ever retain
a grateful sense of the honor conferred
on me by this nomination, and I beg tiie
Anti-Masonry Convention to accept the
assurance of my respect for them and for
their cause. Ido not address them as a
party, because I understand the principle
of their union to he, to assert the suprema
cy nf the laws, which l trust is and ever
will be, tliesacred and immutable princi
ple of our country.
WM. WIRT.
Messrs. Rutherford. Sloan and Elder.
Committee of the National Anti-Ma
sonic Convention.
Baltimore, Sept. 8, 1831.
The communication having been read
! the following resolution was adopted :
In the National Jlnli-Alasoi ir. Convention, j
Baltimore, £Bth September 1831.
Resolved ummimousbr. That the answer
of the Hon. William Wirt to the Resolu
tion of this Convention, nominating him 1
as a candidate for the Presidency, be on-!
tcretl on the minutes of this Convention,
as part of its proceedings, and that this
Convention recoin men to their fellow-ci
tizens throughout the United States, a
cordial and vigorous support of Mr.
Wirt, at the next election, as the Anti-
Masonic candidate, for the office of I’res
, ident of tlie United States.
Resolutions of similar purport were
unanimously adopted by the Convention
nominating .linos Kllmakerof Pennsyl
vania, tus the rliiti-masonic C indidate for
| the office of Vice President of tho United
! States. .Rid, for the appointment of a
] committee to announce to him the nomi
nation.
./t the meeting of the. Convention, at
8 o’clock P. M. the following communi
cation w as received from Mr. Kllmaker.
Messrs. John Bailey, John IS. Hhriecr
and Samuel P. Layman.
, Gkntlkmkn : — I acknowledge with
much satislaction tiie irieudly manner in
which you have communicated the two
! resolutions this day adopted by the Na
tional .iiiti-Masonic Convention ; one,
nominating me as the .tfnti-Masonic can
didate for the office of Vice President of
the t niter! States at the ensuing election
the other appointing you a committee to
communicate the preceding resolution
me, and to re quest my acceptance of
| tne nomination.
I know well*., inv humble pretensions
! to be a candidate for that high ofiice. Imt
j a zealous and firm attachment to the cause
, of .inti-masonry, will not permit a refu
sal of the nomination. 1, therefore, ac
cept it. With great respect.
1 am, Gentlemen, vour obd't servant,
.i.MOS ELLMdKE//.
The communication having been read
! a resolution of like import with that above
: set forth in the case of Mr. Wirt, was
; unanimously adopted by the Convention.
Mr. lIiTLUJY from the committee
j charged w ith that duty, reported an a i
; dress to the people of the United States,
w hich was read and unanimously udopt
j ed, and ordered to be published. This
| address occupied upwards of an hour in
I the reading.
.7 resolution was offered by Mr. Plrdps
10l Mass, and adopted, rccoiiimen<-ing a
National -inti-Masonic convention to bo
held iu September 1835, iu the cily of
Washington, unless otherwise ordered by
the Central Committee of correspondence.
From the Essex {.Mass.) Democrat.
I tie Boston **tatostnaii lias ever support
ed the cause of Democracy throughout good
an.l evil report; it sustained General Jackson
when not another print in New England rais
ed a voice in Ins favor, and was an advocate
for his election when t!i" candidates were
returned to the House of Representatives in
1881; and yet the political Arnold at Wash
ington boasts that he ‘ieni( iiil)i rs tlx* binl,.’
Perhaps so. Better that there should he a re
memhranee of the bitf.i than a record of the
death, and better even a record of the death,
be it an honorable one. than a defection from
principles!
Tiie Democratic party car s not when in
dividuals entered her ranks, if so that they
he honest nor cares how soon individuals,
however nowerful, leave her ranks, it so that
tin yhe dishonest. We submit ireacherv to
its tutu. Chilton, Kincaid and < Vook<‘tt have
found their r, wad. Dvif Green will find
tl.s ; not as the Polish Gnlguil, but certain
ly, he 11 he Irjt alone in his glory.'
Me have said, and wc t qicut it, that it is no
reproach when men join with ns, if it be, that
when they come they come honestly among
ih. On this point it hardly answers for (lie
Telegraph to rend lectures to the Statesman
Wc nsk of the Editor of (!-•• Telegraph a per
tin -ot query. did John C. Calhoun I
take sides with the Democratic party ?
In his appeal to the people agaiut Presi
dent Jackson, he admits that he was neutral
between the two prominent opposin ' candid
ates in 1821. Tiie truth is, .Mr. Calhoun
has played a double game with Gen. Jackson
all along. Tiie affair of the Cabinet council
during Mr. Monroe’s administration is not tine
only instance. Let the public look here at
a fact which we derived a few days since from
the most unquestionable authority, {ftp Mr,
Calhoun, pending the Presidential election of
182 5, pledged himself to a leading number
from New England iil the House of Repre
sentatives, that, if the J\cu> England Slates
would support his claims to the Vice Presi
dency, he himself, JohnC. Calhoun, would
GIVE A FIRM ADHERENCE THE ADM i.MIST HA
TTON ok Mr. Adams ! ! \. ifQ
This fact wc challenge Dufl’Green to deny.
In 1821 John C. Calhoun sold himself to the
friends of Mr. Adams! All that Duff Green
can say, is that he was faithless. We add no
other comment, but-this, that the above fact
will point out to the Democrats oftlie Union
what sort of attachment Mr. Calhoun has to
any particular men or particular Principles.
“Our Book relates to all the acts and employ
mi ate oi mail.’’ —J cvenal
ITIII.ADELITiLm OCTOBER 1~
Free Trade Convention. —The conven
. tion of delegates from different States in the
; Union, for the subject of .the present Turifl,
j held, according to appointment, its first sit
ting in the Musical Fund Hall, in this city,
yesterday. The delegates began to assetu
i bleat about 10 o’clock ; and a little before
1 12, Joseph R. Evans, Esq. nominated the
; lion. Burwel! Bassett, Esq. of V irginia, as
j Chairman of the meeting. The nomination
was carried by acclamation, preparatory to
the organization oftlie Convention.
Tiicadore Sedgwick, Esq. moved, that two
gentlemen from each‘slate be nominated to
form a committee to elect a President and
j other officers.
i l)r. Tidy man, of Charleston moved, as an
: amendment, that the meeting should proceed
, immediately to the election of its officers by
j ballot.
i After some desultory conversation, it was
| moved that the names of the delegates he
! called over, in order to ascertain in what pro
portion each State was represented,and that
the motion and amendment now pending, be
laid upon the table until the numbers should
bo ascertained ; and Coodv Eagiiet and E.
Lite!!, Esqrs. were appointed Secretaries pro
ton.
Some difficulty arose, as to the best mode |
of ascertaining Uie names and numbers oft
delegates from each State; at length the Sec- j
retai l read over a list of the names of gentle- i
men who were deputed us Delegates, and |
tiiose who were present, answered when their!
names were pronounced. The number of
deputies there, was a hundred anti sixty five: '
but the numbers from each State were une
qual, some having nor more than one deie-j
gate present,and others many.
G. B. Poiudexter,Esq. of Mississippi, sta
trd that the only announcement which he 1
hart received, of his being appointed ancle-;
gate to this Convention, was through the!
newspapers. I pon their authority lie came I
forward; and lie suhftiittcd it to the gentle- j
men then assembled, whether, as lie had re
ceived no formal appointment, they would
look upon him us regularly appointed.
I no President said that all the gentlemen
there would, he supposed he looked upon as
regularly appointed, unless he should he oh.
jeeted against by some member upon good i
and sufficient ground.
Tiie meeting proceeded to consider the mo-1
tion and amendment previously pending,!
and, upon a division, the original motion,}
that two gentlemen from each state, form a i
committee for the purposes uaiud was carri-!
ed by a ma jority oi seven.
Eli S. Shorter Esq, of Georgia, objected I
against tliq motion, because of the iuequali-j
ty oi representatives from each State. Whilst
some had several gentlemen to represent:
them iu that assembly, others had but few. I
two states bad only one delegate each. It '
was impossible, therefore, to carry the resolu
tion into effect. Two gentlemen might he
appointed from these states, but one only was
there, and where was the other to he found !
1 he resolution was objectionable therefore,
because it was iui|>ossibJe to carry it into rf-)
feet, and because the attempt so to do, would ;
have a tendency to create a confusion among
the delegates. It would also, iie said, cause!
considerable delay iu tha business upon
vvlucii tHe delegates had assembled. ’These
wore objections which could not be sunnoun*
ted. lie argued in favor of the amendment
which iie thought ought to have been carri
ed, and moved that power be given lo the
chairman lo appoint a committee to consist
of one del* gate from each state, instead of
| two.
j A gentleman whose name we could not as
certain recommended a reconsideration of the j
last vote, on account ot the confusion which |
might arise, it the resolution were persevered j
in, irom the inequality oftlie delegates from!
dillercnt States. Gentlemen seemed to him
to have got into some difficulty, with regard]
to the in,-ailing oftlie subject now before the
Convention. It vas in his estimation, inron
sist< ut lor a Committee first, to appoint and
♦lion to elect; it seemed to him, that such a
proceeding would he no election. There
could .e no excitement in the present stage
ol the proceedings. There were upwards*o(
•a hundred and fifty gentlemen, collected
lioin al! parts of the Union, for tiie high pur
pose oi discussing a point of national'policy
ami it was supposed that each individual u!.-
derstood the business that brom-ht the assem
bly together. it seemed to bo apprehended,
then, that the gentlemen who constitute! that
meeting, strung* rs as they were to each oth
ir, s.niutd tv, with regard to the committee
•tfo're arc gentlemen, who fe folly compel
ten! to discnarge the tp-rt reposed* in them
and their selection of officers is, no doubt ju
<'emus; or, courtesy might induce some in
dividuals not to scrutinize too deeply Uie ta
lent; or views of the officers whom the com
shoold name, or Oven to withhold som.
light ohjeciions wli.oa tm ,
gainst parties cf tin ir noiiiuiau
ihesc grounds, lie supposed, object ; ,
made against the appointment of off . .
a committee. But no such obiecth..,'
exist. J '■
He hoped that a(frgrerr of unanimity -
prevail in that assembly throughout t;, e
ot its discussions, which would cnabUt
the representatives of the states tu-uv
are one and indivisible.” As he I
the motion, it was not intended for tfie l
mittce to appoint the offi -ers; but it i ■ '
ed to him to be a natural and nrimuJ 1 J
• .. ~ * r l ‘ piOC°(- -
ing for the committee to recommend a ,and i
body to select.
The Hon. Judge Berrien (we believe!!,
come in a spirit ot friendliness and of -J
--hut it appeared to him that considcra'a!.'
ficulty would occur from th* prooosed i ,
of election. A rejection of the parties yi!!
tiie committee might recommend, would,
ply a want of respect for thr committee ]•
might he the means of exciting angrvV
ings. For his own part, he would'!,
great difficulty in rejecting the gentle,*.',
of their recommendation, but still
see a person in the chair, whose political c;-*
duct and opinions he could not respect J*.
deprecated voting by states, nndrccommcut'
ed going into a ballot at once.
The motion that the proposition of for-,,
ing a committee to consist of one genth-m-'
from each state, lie re-considered” wm car
ried by a larg; majority.
Upon amotion that the proposition be
upon the table, and the motion for a bail
l.e taken up, it was argued that as nodt 1 .
gate had yet arrived from Connecticut, up
as many more were expected from dilii’rei
states, in the course of the day, it m> iild U
better to adjourn the debate till to-morrow,
(this day) and upon motion it was carried li
a large majority, that the Convention adjoin!
the consideration of the present question ti.;
10 o'clock to-morrow.
Adjourned at. two o’clock U. S .Gazette.
PROVIDENCE RIOT.
The generally peaceable citv of ]> rov ;,
deuce R. I. Ims lately been disturbed liy ,
riot, iu which one man was killed andsuvei
al wounded. The mob consisted ofseitn c
eight hundred persons and the object of Uioi
wrath was some houses inhabited by black
ol a dissolute character. The rioters pjj
vailed over the civil and military authority
and completed the demolition of the buili
ings- Jut ther particulars.
’j it e Providence Riot.— To again <! ffi-;
these renewed systematic attacks to bur
peated for the fourth night in succession, <>;,
dels werere again issued to the band of am.
cd citizens to hold themselves iu readiness, j
According to the proposed plan tlieattacl
was recommenced, tor the fourth time bv th<
moh at an early hour of the evening, and th;
work of destruction of buildings and oils;
private property went on as usual. The nois,
of the crash of the falling, materials, nun;!,,
with shouts and imprecations, were oiirii
calm night distinctly to be heard even inti
distant parts oftlie town to interrupttin-qi
el and excite tiie alarm of every |*eaceaki
citizen, ami of every man capable of r.flse!
ing on the consequences ot living in a to
in which lawless rioters continued u:. :Lai
ed and triumphant.
The alarm hell having been minded, tli
citizens repaired to the scene of riot, wit
muskets in martial array, passed through ti.
mol), accompanied with their hisses and dm
sion, and took post on the liili above. P.B
clamation was then made by a magistrate cfl
der the riot act, the moh ordered to oshkß
and notice audibly given, that
five minutes they would be fired upon. ’JiB
came down to do so. Instead of
a [Wirt retired to a ground vest of Iwt kßt
by the authorities, and another portion :ul
pen r. riist.t nc.e to those laws, attacked a k B
within stone throw, with great violence. t;B
on this, the Sheriff with a part of tiie tircß
proceeded with an intention to clispi r-e
assailing multitude; lmt were coinpellullß
halt Indore leaving the hill, by sliuvvuH
stones thrown from the moh in the west. '!’■
vollies were now iir< and ove r their heads <•. ■
out any other effect than producing ropeatßj
vollies in return. Bj
Another portion of the military
patched as a reinforcement, ami the Wert*,
with the first, then proem acd down tho roB
to proti ct the building's, the mob partly ■ |, (' J
ating on i acli side and partly
them. After effecting a passage our ]■
adjacent bridge, amidst shouts and i - W B
tiie mob closed in their rear, separating l !)**
from the main body, and threw ston* s so 1 ®:
remiltingly that many oftlie soldi'!* V H
severely wounded. An order was now
tinctly to he heard directed to the B
leave the street, or it would become
rv to lire upon them. Renewed (lisciW-B
of stones were the only result. Thus ass ßl
ed, they wi re now compelled to
the rioters, and, as a last resort, in hatk? < B
conic necessary for the preservation
lives of those under arms, or>hrs v, ' crt . jm
length given to fire, which were chcyq.B
Until this moment, all orders, all force
proved ineff* etna!, in a fog minutes
wards (lie moh disperse'? and quiet w a S®'
] restored. B
I Inis have perished s”vt ra! r.i oor
! whilst engvged in coinniittiiig outrage 3
] !>riv.itc property and setting atdeiianßf
] wholsoinu laws of tho land. It wns o*
1 the hand of a hireling so'dicrv thatthcscß..
! boll, as has commonly been the case mißi
i rccurence cfsimilar scenes in European
j tries; but by those of their fellow
! and neiglihors, who have lionevrr r | l ||, 'B
j ly, been eomp.cil.ed to ait in self prcseftß
, xe hi le executing thg paramongt duty th 1 ’ 1 *
|to the established iaws the State.
Haws must be preservcil inviolable, o’B
government niust he virtually dissolve". H
J good (.itizens the military have don* *
: duty, whicli miglit l ave been equal?? 111 ft
i tivc luu! it fallen to tiicir lot, lih r
j mjs Romans, “to have slain tie al* I
I for the good of Rome.” fl
The follow ing are the names ef the!* |
j killed ami wounded in the Hint: S
Ai/hll —Cyrus C. Guile, ol B
1 ( Mass.) aged ]B, an apprenbee ’ ' B
, Barnes. B