Columbus sentinel and herald. (Columbus, Ga.) 183?-1841, January 11, 1838, Image 2
“%7oni he Corrcspoiufenre of the Constitutionalist.
MtLtEDGEVILLE. Dec. 11, 1 *>•>{•
I„ the Senate, this morning, Mr. I’mveil of j
M’ft.tosh, chairman of the comm. I lee on
banks made a report on the Insurance Bank
of Columbus, of which I have taken a copy,
and ns follows. The bill accompanying me
report provides, in substance, that me otnci
banks of the State are permitted to refuse
specie for their notes, when presented lor
redemption bv the Insurance Bank o! Col. tu
bus. This Bank is prohibited from purchas
ing or receiving the notes of other banks,
with the view of exacting specie, &c. This
bank can require but two per cent, per annum,
on the notes of other banks, it may have
received in payment, and for which specie
is refused when demanded, k.c.
“The Insurance Bank of Columbus was in
corporated by an act of the legislature,
passed on the 23th day ot December, 1931
It was intended to be a charter to citizens of
Georgia, for the special purpose of subserving
the interests of the particular cwnmunities in
which the principal bank and its authorized
branches should be located. No special
powers or capacities were given to it by the
act of incorporation, by which it should be
enabled to acquire or maimian an ascendancy
over similar institutions, deriving their exist
ence from the acts of the General Assembly
of this state. Contrary, however, to the in
tention of its original institution, more than
nine-tenths of this stock have been transfer
red, and are now held, according to the last
aemi-annual return of that bank, in the name
of N. Biddle, who is understood to be a
citizen of the Slate ot Pennsylvania. I his
stockholder, who doubtless is the master spirit
who controls this institution, while the sub
servisory power is nominally vested in others,
has no interest in Georgia, in common with
her citizens. He is at the head of a corpor
ation, deriving its existence from the laws of
a different State, with a tremendous capital,
and having a cognomen well calculated to
carry into successful operation a fraudulent
scheme to circulate a currency on the credit
of the national government, but in which the
government is not it all interested, and in no
manner pledged to redeem. This considera
tion alone should awaken the suspicions of the
honest, and should suggest to legislators, the
strong necessity of either totally eradicating
the evil, or so surrounding it with difficulties,
that it cannot walk abroad to effect its inju
rious purposes. But your committee would
present other views of this subject, which
they believe entitled to notice. The stock of
the said bank represented as being held by
N. Biddle in his individual name, amounts to
the enormous sum of five hundred and filty
five thousand dollars, actually paid in. Your
committee have no facts to warrant them in
making a positive assertion that this stock is
held bona fide in his individual right by Mr.
Biddle, yet they say that the very large
amount of this stock, connected with the
circumstance that that gentleman is at the
head of a banking institution of a sister State
having a capital of thirty-five millions of
dollars, will excuse them from suggesting the
opinion, that it is held by him as the agent
only for that institution in truth, they have
no doubt of the fact. A question ot some
importance then presents itself. It this stock
be held by him as tiie mere agent, as sup
posed, can he, as agent, hold here for his
principal what his principal could not hold?
Can this Bank of the United States, de
riving its charter from another State, acquire
and hold a real or personal property in the
State of Georgia ? A corporation have only
an artificial being, and in the States in this
union, are brought into existence by legis
lative grants under legislative authority. The
legislature of a State cannot grant a charter
conferring a power to be exercised beyond
its local jurisdiction. Such a grant would he
void as extending beyond the authority of the
legislature itself. Your committee therefore
are of opinion that the transfer on the bonks of
the bank, to N. Biddle, in secret trust for the
Bank of the United States, chartered by the
legislature of the State of Pennsylvania, is
void, and that the directors of said bank, in
permitting said transfer, have violated the
spirit of their charter.
By the return of the said bank, made to the
Governor in April last, it does not appear that
there were any notes of the United States on
hand at the time, or that there were accounts
of any sent, running between said Insurance
Bank of Columbus and the Bank of the United
States. By the last return in October, it win
be seen that this bank has on hand notes o(
the Bank of the United States to the amount
of $143,250, and that it owes to the Bank of
the United States the sum ol $303,484 60. It
is notorious that this bank has been circulat*g,
from the principal bank,as well ash” branches,
durinor the intervening period, hills ot the old
emission of the old Pank ol the United > lates.
These hills mu®-* nave been furnished by the
eviatinc’ B’ > * ,K °f the United States, from bills
which ra oave been redeemed and are now
irrecoverable in law. To put this currency
afloat, which the bank cannot by legal process
be compelled to redeem, is of itself, in the
opinion of your committee, such an abuse of
its franchise as involves a forfeiture of its
charter. It is at the pleasure of this bank, or
ny other, to redeem these bills. It. is under
no legal constraint to do so. Your committee
would ask then, if the representatives of the
people would be faithful sentinels on the watch
tower, if they were to permit their fellow
citizens to be exposed to the ruin which this
moneyed institution could visit upon them?—
Would they discharge their duty to the people
whom they represent, if they were to adopt
no measures to rid them of a corporation
which floods the country with a currency
which is redeemable only at its pleasure.
Your committee therefore recommend the
adoption of the following resolution, and the
enactment into a law of a bill herewith re
ported.”
The following is the resolution alluded to :
“ Resolved, That his Excellency the Gov
ernor be, and he is hereby, required to cause
a scire facias to be issued against the Insur
ance Bank of Columbus, in the Superior
Court of the county of Muscogee, by the so
licitor general of the Chattahoochee Circuit,
and such assistant counsel as his Excellency
inay employ, to cause the charter of said
bank to he declared forfeited, and the corpo
ration dissolved, on the grounds following,
viz:
Because more than nine tenths of the stock :
of the Insurance Bank of Columbus, have;
been transferred to N. Biddle, to be held by
in secret trust, for the Bank of the United
States, chartered by the State of Pennsyl
vania.
Because the said Insurance Bank of Co
lumbus has exacted usurious interest and re
ceived the same on notes and hills discounted
by said bank.
Because the said Insurance Bank of Co- ;
lumbus, has put in circulation bills of the old
Bank of the United States, which had been |
redeemed, and were on hand, since the expi
ration of its charier.
And for such other causes as may deemed j
tenable, and capable ol being sustained In
proof.”
A BILL
To be entitled an act. to regulate the inter
course between the Insurance Bank of Co
lumbus and the other Banks and hanking:
Companies of this State; and to prescribe!
the rate of Interest recoverable in certain!
cases.
Sf.c. 1. Be it enacted by the Senate and
House ot Representatives of the Stale of Ga. •
in General Assembly met, and it is herein !
enacted, by the authority of the same, Thai
the Insurance Bank of Columbus shall not re
ceive (nllect, or itt anv m: inter aconite the ‘
b;! l s or notes, of any of tht Banks or'batikhi-
Companies of this State, for the purpose of
demanding the specie thereon.
Sec. 2. And be it further enacted, by the
J authority aforesaid, That no Bank, nor |
: Banking Company of this State, shall he ;
compelled to redeem with specie its bills or ,
notes, when presented by the Insurance Bank |
of Columbus, any of its branches, its officers !
or agents, or any Bank, body corporate or,
other person, taking, receiving or deriving j
the same in any manner whatever, from the j
Insurance Bank of Columbus; nor shall any
Bank or Banking Company of this State,
incur any penalty or forfeitures whatever, by
reason of its refusal so to redeem any of its
bills or notes, when presented by the Insurance
Bank of Columbus, any of its branches, its
officers or agents or any Bank, body corpor
ate, or other person, taking, receiving or de
riving the same in any manner whatever, from
the said Insurance Bank of Columbus.
Slc. 3. And be it further enacted, by the
authority aforesaid, That it shall not be lawlul
for the Insurance Bank of Columbus, or other
Bank body corporate, or oilier person, taking,
receiving, or to any other manner deriving
any bills, note or notes of any other Bank, or
Banking Company, Irom the Insurance Bank
of Columbus, to ask, demand, receive, or re
cover of, and from any hank, or Banking
Company of this State, interest at a greater
rate than two per cent, per ann. on any note
or notes, bill or bills of such bank or Banking
Company, which shall have been received,
collected, or in any manner acquired by the
said Insurance Bank of Columbus.
REPORT OF-MR. HARRIS, OF BALDWIN.
From the Minority of the Committee, to
whom was referred the question in relation .
. to the transfer of a portion of the stock
of the Insurance Bank of Columbus, having !
in common with the majority, [investigated
the subject, and having arrived at different j
conclusions, feel that it is due, both to them- 1
selves and the Legislature, to offer some j
of the reasons upon .which this difference !
of opinion is founded ; they therefore beg
leave to offer the following Report:
It is true, as set forth in the report of the
majority, that the Insurance Bank of Colum
bus was incorporated on the 26th day of Dec.
1881 ; and it is also true, that no special
powers were conferred upon it; and your j
Committee would beg leave to add, that no
special disabilities were imposed. The grant
was made to citizens of Georgia, and for the
purposes, no doubt, (as suggested in the re
port of the majority,) of subserving the inter
est of the particular communities, in which
the said Bank and its branches should be
located; but this grant was made, also, with
an unrestricted power to transfer stocks held
in said Bank.
It is also true, that a large proportion of the
stock of said institution, is now held under a
transfer from the original stockholders, bv
Nicholas Biddle, a citizen of the State of
Pennsylvania.
It is contended that this transfer has been
made contrary to the intention of the original
institution of said Bank. However much
your Committee, as citizens of Georgia, might
be disposed to object to this transaction, they
are, nevertheless, from the evidence before
them, constrained to admit the legality of the
transfer tinder the provisions of the charier of
said Bank, and that the interest thus acquired,
is protected under a solemn grant from the
State.
The intention of the Legislature, in granting
this charter, can, in the opinion of your Com
mittee, only be arrived at by an examination
of the provisions of the charter itself. The
Legislature granting it, certainly had the
power, if they chose so to have exercised it,
to have thrown around the exercises of the
powers and privileges conferred, such limita
tions and disabilities as it thought proper. —
It had the right to prescribe the terms on
which the privileges sought, should be grant
ed, leaving it then, optional with the individu
als incorporated, to receive or reject the
charter. The usual privileges, however, are
confessed to be conferred upon the original
Company, in general terms; and amongst
those usual privileges, is the power expressly
given to transfer the stocks held by the
Company in said Institution. The absence
then, of these restraints, is to the mfods ot
your Committee, a clear indfe ß<f,,n as
what Avas the intention of the Legislature
granting it; and that i p *be act of transfer,
there is no violation whatever, of either the
letter or spirit .if the charter. The charter of
this bank can only be taken from it by reason
of an abuse of its privileges. ‘The mere
possession of the power to do injury, is not a
sufficient argument to authorize the exercise
of snoii a power ; and whenever this abuse
does take place, the law has placed the right
in the hands of any individual citizen of the
community to invoke the judicial authority of
the Stale upon the subject. The sanction of
the Supreme Legislative authority is not
necessary, nor in the opinion of your Com
mittee, proper in such a case.
It is involving in a question purely judicial,
politicial and party considerations, which your
Committee can but regard as unfavorable to
a just conclusion, and imposing upon the
judicial power of the State, a delicate duty,
and a fearful responsibility.
But let us suppose, for the sake of argu
ment, that at the time ol granting this charter
to citizens of Georgia, it was the intention of
the Legislature, that the stocks should be
held only by our own citizens ; yet your
Committee must again contend, that the
failure of such an expression ol Legislative
will, at the time of the granting of the charter,
excludes from the present, or that of any
subsequent Legislature, the power of acting
upon, or carrying out such intention. Your
Committee, from the terms of the charter, are
bound to presume that a different intention
did prevail, and an unlimited power to trans
fer stock being given, that it was one of the
conditions upon which the charter was ac
cepted, and that it is a right, the exercise of
which cannot now be controlled ; it being part
and parcel of the original contract between the
power granting and the individual stockhohl
ders, and therefore protected by the Con
stitution of the United Stated, the supreme
law of the land.
No question is better settled in this country
than that the Legislature cannot interfere with
vested rights except upon the terms which it
| has expressly reserved to itself in the grant.
That g cannot resume to itself at pleasure, the
rights and privileges granted, is equally clear;
nor can it trammel and embarrass the exer
cise ol such rights, so as to render the grant
nugatory or less valuable.
In the opinion of your Committee, this
would be but to accomplish, by indirect
means, that which we are expressly pro
hibited from accomplishing directly. This
would be in utter violation of all the establish- i
ed rules of law, of the usages of legislation, j
and would be to subvert the Constitution of
the United Stales itself, which we are sworn I
to support.
&A charter has been repeatedly decided, in j
the Courts of the United States, as well as i
those in the several States and Great Britain. I
to be m its nature and form a contract; and if
so, consequently protected-hy the constitn- j
uoual provision declaring; that “no Statesliall
| P :,ss Jl| '.v law impnir'uiix the obligation of con
tracts. Siiould the lull repot ted by the ma
i jority ot the Committee he passed into a inn’,
imposing additional disabilities on the Bank, it
| inual he passed, in the lirst place, in the
opinion <>t your Committee, in violation of the
Constitution oi the 1_ atted States; and in the
second place, after being passed into a law,
would he in itself a nullity.
It is assumed, however, (and this nssump
! yn is tounded upon supposition only.) that I
Nicholas Biddle, the ostensible owner of the®
slocks in the Insurance Bank of Columbus, is
,!i,{ *h.’ l-r-jt'r owner oi suid slock'; hut
that lie holds them in Trust of the Bank of the J
United Slates, chartered by the Legislature!
of Pennsylvania. j
A sufficient answer to this argument is, that
this supposition is warranted by no facts
; before the Committee; but that on the con
;trarv, the report of 1 lie Bank (and winch
i you Committee :s bound to take as true, until
;contradicted,) shows him to be, in his individ
ual character, the owner of said stocks; and
ithev would respectfully suggest, that the
(Legislature must he bound by evidence, and
land not by mere supposition; and until there
is more evidence going to show that the re-j
port submitted bv the President and cashier ol
the Bank, and also the Bank books, speak
falsely, the character of the State would be
greatly compromitted, in taking any steps
founded alone on supposition. There is
certainly nothing in the charter of said Bank
to prevent a citizen of another State, or even
a foreigner, from holding stocks in said insti- j
tution.° If any forfeiture is incurred, by this;
j circumstance, there is, perhaps, not a single
Bank in the State which does not labor under
the same disability; and surely the mere
circunistar.ee of the individual who holds the
!stock happening to control a large monied
(influence in another State of this Union, can
not change his right, arid can form no legal
(argument against his holding stocks in an,
| institution of this Stale.
j Your Commttee would further remark, i
; that they cannot accord in the opinion, that a
foreign corporation cannot hold stocks, as,
well as other property, under our laws. On
the contrary, they are constrained by an ;
almost unbroken current of judicial decisions, ;
■to admit that they can. This question has ;
! been repeatedly discussed in the Courts ol
this country, as well as in those of England,
: and has been as repeatedly determined in favor
of the right,—never, in the recollection ol
j vour Committee, having admitted of a doubt,
! save only in the Slate of South Carolina.—
j Your Committee would respectfully suggest,;
! that the law upon this subject, as settled by |
the supreme judical authority of the State, is
as much bindingupon the legislative authority,
until expressly repealed, as upon the judicial
power.
Your Committee have thought proper to
present this view of the subject, not because
i the evidence authorizes them to believe that |
the stock in this Bank is held by the United j
States Bank of Pennsylvania, but simply;
because the charge is made, and the broad
negative doctrine assumed, in the report of ;
the majority, in which opinion the minority
cannot concur.
Your Committee would not be misunder- j
stood in this matter, and to avoid the hazard
of misconstruction, to which they may be !
subjected, by encountering what is supposed ;
to be the popular will and opinion on this sub- ,
ject, they avail themselves of the occasion, to j
state that they are not the advocates of the
Banks of the United States, either old or
new, whether chartered by the Congress of
the United States or by the Legislature of
Pennsylvania, but are only insisting upon Ihe
sanctity of legal rules, by which they con
ceive the present question must be governed.
On the contrary, they are willing and anxious
to do all in their power that they can legally
do, to foster and protect our own State In
stitutions against any and every unfavorable
or undue influence, no matter from what
quarter it comes; but whilst they entertain
these opinions, they cannot consent to resort
to illegitimate and illegal means, for the pur
pose of accomplishing even the most desired
end.
They would however, further suggest, that,
they cannot regard the present United Slates
Bank, chartered by the Legislature of Penn
sylvania, as partaking in the slightest degree
of the character of a National Bank. It de
rives its power from the same source ns that
from which our own State banks derive theirs,
and consequently, all the arguments in tela- ;
tion to the unconstitutioality, inexpediency, j
and dangerous tendency of a National Bank,
(argil me ms which would weigh greatly with
your Committee) cannot be involved in this
question.
Connected with the question of danger to be
apprehended from the monied influence sup
posed to lie wielded by Mr. Biddle, they deem
it but an act of justice, without wishing to
be understood in the slightest degree, as
approving of the introduction of this influ
ence into our own State, to call the attention
of the Legislature to what they undetsland to
he the fact, that the Merchants’ Bank of New
Orleans has been principally owned and
controlled, in connexion with citizens of
Louisiana, by Mr. Biddle : and yet we have
beared from that quarter, where so many
more opportunities and inducements musr
have daily presented themselves, no com
plaint. The transactions of that institution
seem to leave been of a purely correct mer
cantile character, unconnected with any dis
position to control the local institutions of
that State.
From all the facts before them, your Com
mittee cannot but regard the Insurance Bank
of Columbus as beingstilla State Institution,
subject at all times to the control, and respon
sible to our laws; and they would further
remark, that the influence of the enormous
capital so much dreaded, is less likely to be
exerted with deleterious effects, when in the
hands of a Board of Directors of our own ci
tizens, through the agency of an incorpora
ted Institution of our own State, they having
like feelings and interests with the great body
of our people; subject alike to public opinion
and the laws of the State; than when in the
hands of private agents coming from another
section of country, having no feelings or in.
terest in common with us, controlling the
same amount of capital, unrestricted by any
special laws, and which the wants of the
country and the prospect of profitable itu’est
merits would induce to come amongst us.
There is another circumstance to ivhich 1
i your Committee beg leave to call your atten
tion. A portion of the stocks of said Bank
are still held by the original Stockholders,
citizens of Georgia, a part of whom are now
t lie Directors of the Institution. To say
nothing of the guaranty which the public has
in having this institution controlled by our own
citizens, the State must afford to them and
their interest, protection under our laws.—
They cannot be made sufferers, simply be
cause they happen to be associated with an
individual obnoxious to the Legislature.
Your Committee would further beg leave
to remark, that the circumstance of the In
surance Bank circulating bills of the old Bank
ot theU. S. (alluded to in the report of the ma
jority) cannot, in their opinion, work a forfei
ture of its charter, or subject it 10 any disabili
ties whatever. It can at most but amount to
a question of contract between the Insurance
Bank and those who take the bills referred to
—precisely upon the same principle that one !
individual would be with another ; the Bank]
has no power to compel any person to take
them, either upon discounts, or in payment of
her debts. For her own bills she has uni
formly paid gold and silver, the legal currency
of the country; and if she has forfeited her
charter, by putting in circulation bills of the
old Bank oflhc U. S. she has done no more,
in the opinion of your Committee, than has
been done by every other Bank in the Slate.
But your Committee feel constrained most
positively to deny, that by this act, any forfei
ture whatever has been incurred.
In relation to the charge of usury brought
against said Bank, your Committee can only
say, that they know of no evidence that would
. authorize such a charge. It has dealt in ex
. changes as other Banks, and sold the same in
a market open to fair competition. It has
! also sold U, S. Bank paper lor the customary
premiums. These, your Committee can but
regard as ordinary Backing tranactions, in
violation of no Jaws, known jo your Commit
tec.
! Under dvbry view that y<itr Committee
have been able to take of this subject, they are
( clearly of opinion that no forfeiture of its
: charter lias been incurred : that any legisla
tion directed against this Bank exclusively, J
would be partial and invidious in its character, i
‘That the passage of any law by which it
would be trammelled in its operations con
trary to the express provisions ol its charter,
would be alike a violation of the Constitution
(of the United States, and of the public faith,
and could not fail to re licet discredit upon the
! State.
They therefore respectfully recommend that j
no legislation be had upon the subject, differ-j
ing from that in relation to other Banks ol;
State; the same, in the opinion ot your Com
mittee, being uncalled for and unnecessary.
SENTINEL & HERALD.
COLUMBUS, JANUARY 11, IS3S.^
Ist. Rates of advertising. —All advertisements
will be charged at the old rates, i. e. $1 per square
for the first insertion, and 50 cents per square tor ;
each subsequent insertion —12 lines making a square, j
2d. Yeahly advertisements —For over 24, and
not exceeding 36 lines, fifty dollars per annum ; for
ovr 12, and not exceeding 24 lines, thirty floe dollats
per annum ; for less than 12 lines, twenty dollars
per annum.
3d. All rule and figure work double the above prices.
P. H. F. Brittan is our authorized agent
for the collection of such accounts of this of-,
fice as may be placed in bis hands, and also
to receive subscriptions, &c.
Dec. 10, 1937.
George W. Compton is our authorised j
Agent for such accounts as may be placed in j
bis hands. He will also receive in Georgia
and Alabama, subscriptions to the Sentine’
and Herald.
The following persons have kindly con
sented to act as Agents for the Sentinel and
Herald:
Col. C. Parker, Collodensville, Monroe Cos.
Peter Cone. Esq. Eden, Effingham Cos.
Rev. Reuben E. Brown, Perry P. O. Hous
ton Cos.
Thos. H. Key, Esq. Drayton, Dooly Cos.
Col. Thos. J. Holmes, Byron, Baker Cos.
Stephen D. Crane, Esq. Dahlonega, Lump
kin Cos.
We shall continue to publish this list, and
I add the names of agents as we procure them,
that our subscribers in the different counties
! may know to whom they can make applies
j tion, Avhen they become very anxious to “pay
! up old scores.”
We dislike to enter upon anew year in a
scolding mood, but we must take occasian to
say, that letters addreseed to our office must
be post paid, or we shall not give them atteir
tion. Should we unguardedly take one out
of the Post Office, it will lie forthwith sent
back to the writer under a double envelop:
“ We can’t stand every thing and go to mill
too.”
TO OUR ADVERTISING PATRONS.
The new year having commenced, we
shall continue all yearly advertisements, if not
otherwise directed. Those, therefore, who
wish to discontinue, will please give us infor
; mat ion of the same.
j All advertisements intended for our paper,
; must be brought in on Wednesday before
|noon.
Advertisements sent from a distance, by;
i persons unknown to us, will not be published j
; unless paid in advance, or a good town refer
; cnce be given.
Our correspondent C. lias saved us the la
bor of writing upon Internal Improvement
this week, for which lie is entitled to a “ new
year’s gift.” We hope he will continue his
essays as be promises. “ Internal Improve
ment” is our motto.
The President of the United States, by and
Uvith the advice and consent of ihe Senate,
; has appointed James Liddle, of Georgia, to
: be a Commissioner under the 17th article of
; the Cherokee treaty of 1535, vice Wilson
■ Lumpkin, resigned.
Shooting Match. —On Tuesday of next
week, the 15th inst. Avill come off’ a shooting
match, at Talboiton, with rifles, for SIOOO a
side, to be shot by Col. Cooper, of Greenville,
and Col. Shelton, of Talbotlon, on the one
side ; and Mr. Templeton Hied and friends
of our city on the other. The match is to
be determined by the best 11 in 21. Look
Avell to your “ sights”—touch those trigger
delicately.
PUBLIC MEETING.
At a meeting of citizens, convened on
Thursday evening last, at the Court House,
in relation to the West Point Rail Road, his
Honor, the Mayor, was called to the chair,
and J. B. Webb appointed Secretary.
The chair explained the object of the meet
ing; it was to give those citizens who had
previously subscribed for stock, in said Rail
Road, an opportunity to take back such sub
i scriplion or to continue the same; and further
I as the Legislature had failed to pass the In
ternal Improvement bill in which provision
had been made lor our contemplated Rai’
Road, it was proposed to submit the question
i to the Citizens of Columbus, for their sober
| consideration, and to ask them to take the i
matter into their own hands, and to take upj
the stock and to prosecute :he work, or give!
to the Municipal authorities of the town leave ;
j to raise funds, upon ihe credit of the city, with
: which to construct the Road. The meeting!
was addressed by Messrs. Campbell and Wat. :
son, our Representatives ; also, by Col. John
W. Campbell, Judge Sturgis, Gen. Bethune, I
and Gen. McDougald.
A Committee was appointed to report upon !
the right of the Corporation to the town Com
mons, consisting of Messrs. Seaborn Jones, =
Esq. Chairman, Gen. McDougald, Col. Fos- ■
ter, John W. Campbell, J. P. H. Campbell,!
Judge Colquitt, and Col. Watson.
The subject was deemed of such vital im
portance to the City of Columbus, to re-
quire a meeting of all the Citizens, if possible;
and it was therefore adjourned to next Sa- I
turday, the 13th inst. at the Court House, a(
10 o clock, A. 111. when the committee, above I
named, will report, and some final action be
had upon the most important of all subjects
now before the people of Western Georgia.
To Columbus it is sink or swim, live or die.
Augusta lias her Rail Road. Savannah has
her Rail Road. Macjon has her Rail Road;
and shall we sit down with folded arms, and ■
other portions o! the State ride over us in
‘heir steam cars, and puff their smoke in our
eyes! Wake up young, beautiful, Colum
bus! Wby t!:ou in the day of thy
| blushing womanhood r Even thine elder sis
ters are leading thee in the dance! Wilt
thou not shake thy fresh locks, and wave thy
young hand and beckon the prince of Inter
\ nal Improvement to thy arms, and with him
whirl avvav to the high temple of fame, pros
; peri tv, and wealth !
REMARKS.
The extra quantity of interesting and use
! ful readin- matter communicated to our co
! °
! luntns this week, excludes almost entirely our
editorial. The change, we presume, will be
pleasing to our readers, and we heartily
recommend to their perusal the Reports made
at the last session of the Legislature, in rela
tion to the Insurance Bank. They were both
offered in the Senate, the majority report by
Mr. Powell, of Mclntosh, and that of the
minority by Mr. Harris of Baldwin.—The
latter document was, however, written by our
! Representative, Mr. Campbell, with the ex
ception of a solitary paragraph. This state
ment we have been desired by Mr. Harris to
make, in justice to Mr. Campbell. It is con
sidered a fine legal argument, and is certainly
marked with much ability.
The masonic address, by Dr. Chiplev, is
I chaste and beautiful in point of composition,
1 fervent in its moral inculcations, and strongly
sustains the claims of masonry to the confi
dence and good will of the community. We
lament the necessity which prevented us from
participating in the celebration of the anni
j versary of St. John the Evangelist. We
| were absent in body, but present in mind,
i As the ceremonies have been recited to us,
they must have been strikingly interesting and
imposing.
In the letter of Judge Iverson, will be found
bis reasons, stated in full, for resigning his
judicial charge over the Chattahoochee cir
cuit, which reasons, we doubt not, will prove
satisfactory to every individual. We hear of
no excitement or feeling on the subject at
present.
“GRIM VISAGED WAR.”
The accounts from Canada furnish us with
the details of an awful tragedy at the Falls of
Niagara. It appears that the steamboat
Caroline had made a trip from Buffalo to
Navy Island, the head quarters of the insur
gents, on a visit of curiosity merely, having
on board a large number of passengers. He r
arrival attracted attention, and immediately
after sun sel several boats, containing about
fifty royalists, put off from a place some two
miles above the encampment of the Governor
of Upper Canada, and taking a diagonal
course, dropped down between Grand and
Navy Island, stemmed the strong current, and
with muffled oars crept along side the Ameri
can steamboat. The shots, pikes and cut
lasses of the assailants gave the first note of
alarm to the unoffending passengers on board
the Caroline, who, before they had time to
leap ashore, were massacred without being
able to make resistance! The Caroline was
then towed into the stream, set on fire, (and
to cap the climax of horrors, and to make the
narrative complete,) propelled into the mad
dening current, and with upwards of thirty
killed and wounded citizens, hurried over the
Falls of Niagara. A Mr. Durfee, who was
standing on the shore, an unparticipating ob-
I server of the affray, was shot down by the
British. The above particulars we have
gleaned from an express slip received from
the office of the N. Y. Evening Herald of the
3d inst. Great excitement prevailed at Buffalo,
and Gen. Burt had called out his brigade,
1000 strong, to preserve the neutrality.
A slip from the office of the Mobile Mer
cantile Advertiser, under date of the Bth inst.
gives the following account of a severe fight
in Florida.
IMPORTANT FROM FLORIDA.
We learn bv the steamboat Caroline, Capt.
Jeffrey, from New York, via Tampa Bay,
that a severe engagement took place on the
251 h December, on the edge of the Ever
glades, about 70 or 80 miles from Tampa
Bay, between the U. S. forces under Col.
Taylor, consisting of the Ist Regiment of
Infantry, the 4th Regiment under Col. Fos
ter, the 6th under Col. Thompson, and the
Missouri Volunteers, under Gen. Gentry, and
a large party of the Indians. The action
was most furiously contested for an hour,
when the Indians gave way and fled.
We learn, with the greatest pain, that this
was one of the most disastrous battles that
has yet been fought in Florida. It is stated
that Gen. Gentry, of the Missouri Volunteers,
Lt. Col. Thompson, Lt. Brooks, Lt. Center,
Capt Van Swearingen, three commissioned
officers of the Missouri Volunteers, names not
recollected, Sergeant Major Slaback, are a
mong the killed. The whole of “Cos. K.” of
the 16th Infantry, are said to have been killed
except some seven or eight—making a total
of eight officers killed, and 140 rank and file
killed and wounded. Os the Indians only 8
were found dead on the field, though it is said
some 40 or 50 bodies had been dragged off.
The troops succeeded in bringing away 60
ponies.
For the Sentinel and Herald.
INTERNAL IMPROVEMENT.— Essay No. 1 .
Messrs. Editors : I propose, through the
columns of your useful journal, to invite the
attention of our fellow-citizens to the impor
tant subject of inlernal improvement. The
| people of Georgia have been long divided
: into distinct parties on abstract political ques
; tions, tending to inflame the passions, and
; followed by no other practical results than
the putting in and turning out of office politi
cal aspirants. These questions and pursuits
! have engaged their attention, to the exclti
! sion of much more important and weighty
j considerations. In this useless warfare of
i crimination and recrimination, the true inte-
I rest of our State has been neglected, her
commercial prosperity has been lost sight of,
Iter agricultural and mineral resources have
been permitted to lie dormant, her natural
advantages seem to have been forgotten, and
whilst on every side of us we have seen the
energies of our neighbors waking up, and J
developing their resources, we have still slept j
on in an apathy as calm as the sleep of death, j
Now, when the elements of political strife;
seem to be calm, when the storm has ceased j
to rage, let us take advantage of this pause,
and turn our thoughts to subjects of practical
utility. In these, at least, ail voices can unite.
Connected with the interest and glory of our
State, is the individual interest and pride of
her citizens.
It is strange that at this late day, with the
benefits ot experience on every hand, aided
by the flood of light which has been poured
upon the subject, that there should be any
yet to doubt, in the first place, the practica-j
bility of artificial improvement?; and jn the
second place, their miliiy, tleir.
practicability, but “it is no less strange than |
true ” The utility of steam power, applied to
internal navigation, when first attempted, was
also doubted ; nay, it was denounced as wild
and visionary ; but the experience of thirty
years has shown the futility of these doubts,
and the narrowness of the views which |
prompted these denuncialions. Its and iscovery j
is now looked back to as anew era in the
history of the world. In the language of a*.
able and lucid writer, “it is a discovery which
has armed the feeble hand of man with a
power to which no limits can be assigned—
completed the dominion of mind over the most
refractory qualities of matter, and laid a sure
foundation for all those future miracles of
mechanic power which are to aid and reward i
the labors of after generations.” So far as j
the application of this power has been made
to land communications, the success lias been
equally unfailing and triumphant. The most
sanguine expectations of itslriends have neen
fully realized. Wherever the attempt has
been made, capital has found a most profita
ble investment, labor a legitimate reward, and
the resources of the country, which have laid
dormant for centuries, have sprang into the
newness of life, as by the behest of magic;
sterility and barrenness have fled before it,
and the face of meager poverty has assumed
the smile of plenty.
Is this the language of fancy, or of truth?
Look to the examples in our own country,
and then cross the Atlantic and examine the
result of Hie experiment there, and answer
the question. I know of no high instance in
which the effort has failed ; stocks have, and
continue to command a premium, or, produce
a revenue. They are considered the best
investment that can be made by capitalists, I
for the reason, that the works themselves are
fixed and permanent, partaking of the char
acter of the realty, but more especially be
cause they are identified with the prosperity
of the country in which they are located.
Wherever such works have been underta
ken by the public, the most beneficial results
have followed. The State of New York, by
the construction of her magnificent works,
has not only brought into her treasury a large
surplus, to be applied to purposes of public
education, but in a few years she has more
than doubled her population. Towns and
cities have sprang into existence, where be
fore the eternal solitude of the forest reigned.
My intention at present has only been to
invite attention to this important subject. I
intend, by your permission, to trouble you
with some further essays, going somewhat
into detail, but mainly going to shew the
practicability of works of Internal Improve
ment over the soil of Georgia, and the advan
tages to be from thence derived to the whole
State. C.
For the Seminel and Herald.
Messrs. Editors: Permit me, through your
paper, to suggest to the people of Georgia
the names of gentlemen, as suitable candidates :
for a seat in Congress. As it is generally j
believed that those who are now in office will 1
decline a re-nomination, it becomes necessary j
that the feelings and views of the people in
different sections of the State, should be con
sulted in due time. The names below are :
distinguished for those qualities which are i
necessary to constitute a capacity to sustain
the interest and dignity of the State.
M. H. McAllister, Esq. of Chatham.
Eli Baxter, Esq. of Hancock.
Judge Iverson, of Muscogee.
Hon. Joseph Day, of Jones.
Francis Cone, Esq. of Greer..
Gen. Nelson, of Cherokee.
Dr. Powell, of Talbot.
Col. Campbell, of Houston.
Gen. Wafford, of Habersham. union.
I
For the Sentinel and Herald.
WASHINGTON CITV, Df.c. 30, 1837.
Gentlemen : 1 have just rceeived a letter
from a citizen of your place, under date of j
the 24th inst. to which there is the following I
postscript: “The news of your resignation, ;
and the election of Sturgis, has reached this 1
place, and created great excitement with al]
parties to your prejudice.”
I am wholly at a loss to understand how
any exciternent should be created at so unim
portant a circumstance as my resignation;
but surely all excitement must cease, if any i
exists, when the facts connected with that j
resignation are known. According to the!
present arrangement of the Courts in the
Chattahoochee Circuit, the spring riding com
mences on the first Monday in February.
It is known to the citizens of Columbus that
the last term of the Court in Muscogee lasted
until the 14th of the present month, and that
it was then adjourned over to the 3d Monday
in January. At this late period, I was called
to Washington by business of very great im
portance to me, involving several thousand
dollars, and to which my personal attention
was absolutely necessary. From the nature
of that business, I knew that it would be im
possible for me to get through with it in time
to return to Georgia by the commencement
of the Circuit. A Bill had been introduced in
the Legislature by our Representative, Mr. !
Campbell,(at the instance ol'a large majority
of the Bar o( the Circuit, at a meeting held at
Randolph Court,) changing the time of hold
ing the Court, so as to commence the riding
on the first Monday in March. I was in
formed by Mr. Campbell, during the sitting
of the Court in Columbus, that it was very
doubtful whether the Bill would pass. I sub
sequently wrote to him, stating my determi
nation to resign if the bill should be lost, as it
would be impossible for me to return from
Washington by the first of February. I
expressed this determination to several gen
tlemen in Columbus, and I presume it was
i generally understood ; and I heard no objec-
I tion made to it. I passed through Milledge
ville on the 17th inst. only stopping there
about half an hour. I saw Mr. Campbell,
who again slated his opinion that the bill
would be lost. I felt it to be my duty, if I
resigned at all, to do so during the sitting of I
the Legislature. I accordingly wrote a letter
of resignation, and left it with Mr. Campbell,
with instructions to deliver it in the event the
Bill in question should be rejected. I was, i
however, detained a day at Sparta, and
whilst there ascertained, (what I had not
before thought of,) that the Spring Courts in \
j the Flint and Coweta Circuits did not com
mence until the latter part of February.—
; Supposing tint I should be able to return to
Georgia by that time, and being unwilling 16*
resign a trust reposed in me by my fellow
citizens, before the expiration of its Term, I’
wrote to Judge King and-Judge Warne^
proposing to alternate with one or the other,
’ for at least a portion of our respective cir
cuits. In view ot such an arrangement, I”
wrote on the same day (Monday the 18th) to’
Mr. Campbell, directing him to withhold*
resignation. Whether be evei received that
etter I am not informed, but I presume, of
I course, that my letter of resignation entrusted
1 to bis keeping, was delivered to the Governor
before the receipt of the one above
The resignation of the office which I had the
honor to hold, (arduous and unprofitable as
it was,) was made with great reluctance.
I eould not, however, hold it longer, under the
present arrangement of the Courts, without a
sacrifice which no reasonable man> eould ex
pect or desire me to make. The alternative,,
of the proposed alteration in the Courts, or
mv resignation, was presented to the mem
ibers of the Legislature from the Circuit, as I’
was informed by Mr. Campbell- that lie had
made known to most of them my determina
tion to give up the office unless the time of.
holding the Courts was changed. It was<
doubtless in their power to have insured the
i passage of the Bill, and as the contemplated
change in the Courts could not have seriously’
affected the people of the Circuit, it would
seem that my resignation was not considered;
by them at least, a matter of much impor
tance. It is singular, therefore, that there
should have arisen any excitement any where
upon the subject. lam inclined to think that
my informant has mistaken the disapproba
tion of a few for the discontent of the many.
However this may be, I feel confident that no
1 unprejudiced man can attach blame to ms,
I after a full knowledge of all the circumstan
ces of the case. I regret that circumstances
have so transpired as to dissolve the official
relations between myself and the members of
the Bar and people of the Circuit, from whom
I have uniformly experienced so much cour
tesy ami kindness. I console myself, how
ever, with the reflection that they have lost!
nothing by the change, and that there exists
no real cause fur regret or dissatisfaction.
1 am Respectfully,
Your ob’t. serv’t.
A. IVERSON.
Messrs. Iverson St Webb.
Cot,. Webb—There is one portion of the
letter of Judge Iverson which properly np
|peals to me for information, which, injustice
I to him, I readily fgive. He arrived in Mil
ledgevile on Sunday evening, a week before
| Christmas, on his way to Augusta, in the
| stage ; he stopped, of course, but for a few
| moments, during which time the conversation
i alluded to in his letter to you, took place be
tween us. He then wrote and left with me
his resignation, with instructions to hand it to>
the Governor, in the event of the failure of
the passage of the bill changing the time of
| holding the courts in the Chattahoochee cir
; cuil, giving his reasons as stated in his letter.
The Bill came up, as well as I now rccol
j lees, on Wednesday, and was lost. After
this event I held a consultation with a per
! sonal and particular friend of Judge Iverson, :
as to what course should he pursued, and
. at one time we had determined to inclose to
him his resignation, but bis directions to me
being positive, and it being generally under
stood that I held the resignation, this inten
tion was abandoned, and on Thursday even
ing I handed his resignation to the Governor,
who promptly communicated it to the House
of Representatives. On Fiiday morning I
received, through the post office, the letter
alluded to by Judge Iverson, (and which was
written on the Monday previous.) instructing
me to withhold his resignation. There was
no post mark upon the letter, (though it was
dated at Sparta,) and I inferred that it had
been sent bv private hand, in which manner
only I could account for its tedious passage.
So it will be seen that this communication
reached me one day after his resignation had
been handed in, and after it had been com
municated to the Legislature, so that neither
myself nor the Executive bad any further con
trol over it.
I must ask of you to publish this statement,
with the letter of Judge Iverson, both as an
! act of justice to him and to myself.
Respectfully,
Your obedient servant,
J. H. CAMPBELL.
For tfi Sen'incl and Herald,
AN ADDRESS
On the festival of St. J.>hn the Evangelist, delivered al
Columbus, Ga., before Columbian Lodge No. 2&,
Dec. 27, 1837, by Jlro. Dr. VV. 8. Cnimr.
Brethren —lt has been wisely ordained,
by the Supreme Architect of the universe,
that a superior exhibition of any of ihe noble j
and elevated qualities of our nature should *
possess within itself irresistible attractions to
our race. Hence the warrior, breathing en
thusiastic patriotism along the embattled hosts
of his countrymen, assembled in defence of
liberty ; the statesman, pouring forth strains
of burning, thrilling eloquence in defence of
her institutions ; and the philanthropist, pro,,
claiming “ peace on earth and good will to
all men,” have never failed to captivate and
command the admiration and wonder of tho
j world.
We meet to-day to contemplate the virtue*
wisdom and excellency of one of the lattei;
class—a philanthropist whose benevolent and.
expanded soul compassed in its wide embrace
the whole human famiiv.
We are proud to present this philanthro
pist, St. John the Evangelist, ns an eminent
and distinguished member of our ancient and
i honorable fraternity—the moral grandeur of
whose charicter stands preeminent, as a bea-.
Icon light to guide future generations to use
fulness, virtue and happiness.
More than seventeen hundred years, fraught
with the destiny of nations and empires, have
, rolled away, since this most distinguished of
our ancient brethren, whose memory we de
light to cherish, as an extraordinary patron
of our order, has passed to the world of spi
rits. But though dead he yet speaketh.—
His principles have not followed him to the
tomb ; nor can the salutary influence of his
example be lost while our order survives, or
a genuine mason lives. Exalted to the pure
felicity of the saints, before the burning throne
; of God, he is far removed from any imperfect
honors which we are incompetent to render—
but to ourselves it may not he unprofitable *a
scan, for a moment, the beauties ol Ins godly
I life, and to contemplate the virtues and pa
tient endurance which adorned his almost
perfect character.
I Bom to poverty, and inured to hardships
‘from infancy, he pursued ihe quiet and re
i tired life of an humble fisherman, until called
hv the Redeemer of mankind to witness bis
mighty miracles, and to proclaim the lulfiU
rnctit of ancient prophecy.