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®l)c ®ri-U)cchtn Constitutionalist
by JAMES GARDNER, JR.
I Front the N. O. Delia, 22d inst.]
Later fro® Havana.—Execution of the Fifty-one
Americans.
Havana, Aug. 17, 1851.
Eds. Delta : —I regret to inform you that the
American prisoners, (silty-one in number.) were
executed yesterday, at 12 o’c'ock, M. Some of
them were dragged to the place of execution on
their faces, and others were seen with their ears
cut off. The Spaniards spit in their faces,struck
them, and heaped upon them every imaginable
species of taunts, insults and abuse, previous to
their execution. After the tragedy, the brains
of some of the victims were exhibited, and the
most brutal acts of barbarity witnessed. The
Americans here were not even permitted to give
the bodies of these unfortunate victims of Spanish
cruelty a decent burial. They were shot like
dogs, and their bodies were hauled two miles, and
thrown into a hole. The military stole their
clothing, hats, boots, and stripped them of every
thing, besides inhumanly mutilating their bodies,
—cutting off their ears, and fingers. Such was
the fate of these heroic martyrs to Cuban Liber
ty, and such the scenes which marked their ex
ecution !
The prisoners were not allowed to speak to any
one after they had been condemned to be shot;
but Col. Crittenden asked to be shot unshackled,
but was refused. He met his fate bravely—like
a real hero and a true soldier.
It is with pain and mortification I note the fact
that the American Consul evinced so little sym
pathy for his unfortunate countrymen. They
were confined in the Esperanzasix hours, and he
had ample time and opportunity to visit them,
had he been so disjiosed—so no excuse can be
raised on that score. He was repeatedly called
upon and begged to visit them, in order to learn
if the,poor fellows had any words to send to their
m v’rs, sisters, or friends, in their dying mo
rn I but he peremptorily refused to have any
thi Jto do with them. Had he desired it, he
rotilu have obtained permission to visit them as
well as Costa, of New Orleans. He has the
watch of one of them, and fourteen letters weie
liven him, which they hail addressed to their
fiends, at home. Thank God 1 they died like
ken—brave and valiant to the last!
"The Creoles are charged with cowardice, but
wit h what degree of justice, I am not. at present,
■re pared to say. What can they do, when the
act that Lopez has but 300 or 100 men inpar
y, is taken into consideration ? They have done
well. It should be remembered that three thous
ind troops are in the field, well officered, armed
ind equipped.
The fact cannot be ascertained, but it is tlrought
)>• some that the prisoners were surprised by su-
H-rior numbers of Spanish troops, and surrender
d under the promise of pardon, or they would
lot have given themselves up without a strug
gle.
We are watched and hunted here like so many
»>gs. Twenty-live hundred resolute men can
ake the whole island, and keep it.
You must arouse our people, or every Ameri
in citizen on this island will die a victim to
panish tyranny. There is no safety even for
rose who reside here, and their number is small.
Is to the Creoles, they cannot do much, unless
hey obtain immediate assistance. The charge
hat they lack courage, does them great injustice.
Vliat can they do in their helpless condition *
I’inar del Rio has risen, and Guauazhay has
ironounced. But can they hold out!—that is
he question. All we want, all we ask for, is
•TOO men. With that number Cuban lndepen
ence would be established in less than two
nontbs.
I enclose you a bulletin of the Faro, giving you
he names of the unfortunate men, who were cap
ured and executed. They had no one to rep
esent them. The Consul was afraid of losing
iis popularity, and excused himself, when re
|uestedto visit the prisoners, on the ground that
lie Government had declared them outlaws, and
hat they should have remained at home. Yet,
le says, he is as anxious as any one to have the
sland free!
All 1 hojie for is, that the Spaniards will do
“me act that will cause our Government to come
lown on them. The brutes are becoming very
auiy since their success. They call us Indians,
leretics, pi rates, thieves, filibusteros, and every
liing else that is degrading, and would take our
ives, if they dared, and will do it yet, if we are
lot veiy cautious.
It is unnecessary to say more, as the papers
vill furnish y'ou with the particulars of the re
ent events on this unhappy island.
There are many young men on the steamer,
rom whom you can get all the news herein men
ioned, confirmed.
Ox Board Steamship Cherokee, i
Havana, Aug. 16,1801. J
E<fa. Della: I write this to send by the mail
n-morrow, to inform you of the arrival of the
’amperoata place called Papos, some seventy
oiles from this city. On landing, the patriots
ad a tight, the result of which was that 430
Ipaniards were killed. A party numbering about
ixty,in endeavoring to get around a point of
and, in lighters or small boats, to attack a small
own, were discovered and run down by the-
Spanish steamer Habanera, which took some
ilty-two of them prisoners. They were brought
to this city, and shot this morning at 10 o'clock,
without judge or jury. You will receive by this
mail a printed list of their names. Forty of them
were Americans, and twelve were foreigners.
Their execution was the most inhuman butchery
that ever took place in any country—the soldiers
having to fire five rounds, and then to bayonet
them, and knock them on the head with the butts
»f their muskets. After which, they were dragged
lown the hills and thrown into wagons, with
their heads hanging out. Their clothes, caps,
iats and shoes, were taken by the crowd, and
tarried as trophies through the city.
Now for my own trouble. Mr. Kennedy, of
four city, in company with myself and seven
teen df our passengers, went on shore this morn
ing, Ind having procured nine cabs, or rather
volahtes, rode out about three miles, to a place
called Bishop's Garden. On our return, the horse
attached to the carriage occupied by myself and
Mr. Myers, of Mississippi, in the rear of the par
ty, suddenly balked and stopped. After coaxing
him to go, and finding him no go, I got out, and
was forcing him to go ahead, when, suddenly, a
Spanish officer came up and ordered the driver to
drive us to the prison. In vain did we ask what
was our crime. No one could, or at least would
speak a word of English. The head officer not
being in at the time, we were escorted from one
prison to another, through nearly all of the pub
lic streets of Havana, with two soldiers on each
side, and a crowd w’hich increased as we pro
gressed, following us, crying out, “Pirates! 1 ’ “Pa
triots! "Americans!” &c.
At last the offiers who had paraded us, receiv-
I t f, n hom the main prison to conduct us
bi'* the Captain General’s headquarters, to which
place the crowd, about five hundred strong, fol
lowed us, hooting at us as we passed. On ar
at the Governor’s, we were placed be-
WrZ ® e u° f iJr° d T n sold >ers. After wait
uHabout a half hour, he arrived and heard the
»ge which the officer made against us, which
that we had made various signs—such as
y'i"S our fingers across our throats—and fur
re’ that we had drawn pistols and knives on
1 asked for an interpreter, and after learn
charges, told the Captain General that
f V u td s P°* £en Spanish scoundrel was
a JtK “ e then ordered his men to release us,
wnqn was done forthwith, and we walked out,
I feeling much lighter, and breathing much freer,
| as, at one time. I assure you, 1 thought the Moro
Castle was our doom.
p We had walked but about three blocks from
the place of our release, when we were again ar
rested by the same officer, who threatened to
keep ns safe, unless we would give him money.
Three gentlemen, Spaniards—the only ones of
that caste that I have seen in this city since I
have been here—one of whom spoke a little En
glish—told us that if those officers got a chance
at us they would most assuredly stick a knife in
us, and that the sooner we got to our friends the
- better it would be for us; and, further, two of
them said they would pilot me a short distance
out of their way. I felt a little shy of them, as
they had deceived me before, yet I thought it best
to trust to luck. I had gone hut a short distance
when they again arrested me, I then used mv
physical strength, knocked them down, ran off,
and finally got on board the boat. My companion,
however, was not so successful, as he was retak
en, and is not yet released.
I forgot, however, to say that at the first prison
they searched us, and stole from me a small pen
knife, which I shall hold the city responsible for.
The city is all commotion, and the people are
down in the mouth.
You can put this in your paper with my name
attached, if you deem it worthy of a place in your
columns. You can rely upon its correctness.
Yours respectfully.
EENJ BUTMAN, of N. Orleans.
The following is a list of the names of those
shot: Col. W. S. Crittenden, Capt. Frederick S.
Sewer, Capt. Victor Kerr, Lieut. Jas. Brandt,
Lieut. J. O. Bryce, Lieut. Thos. C. James, Sur
geon John Fisher, Capt. T. B. Veacey, Surgeon
K. A. Forniquet; Sergeant J“. Whiterens, Ser
geant A. M. Cotehett, Sergeant G. M. Green,
Sergeant S. Salmon, E. T. Collins. James Stan
ton. Soldiers, N. H. Fisher, Win. Chilling, G. A.
Cook, S. O. Jones, jVf. H. Ball, C. C. Wm. Smith,
A. Ross, P. Brourke, John Christides. William
H. Holmes, Samuel Mills, Edward Rulman,
Wiliam Little. George W. Arnold, R. J. Wregy,
Robt. Cantley, John G. Sanka. Wm. Niseman.
Serg’nt. Napoleon Collins, Ailj’t. R. C. Standford,
Thos. Harnatt, A. Torres Hernandez, Patrick
Dillon, Alex. MeHcer, Thomas Hearsey.
Great Meeting of the Friends of Cuba.
An immense gathering of our citizens, collect
ed last evening in Lafayette Square; to express
thefr disgust at the act of unparalleil barbarism
perpetrated by the Spanish authorities in Cuba,
againsta few of the brave followers, of Gen. Lopez,
who were made prisoners by the Spaniards in
the chances »f war.
The vast multitude was addressed by Cols.
Field and Wheat, who spoke in impassioned
strains of the character of those of their friends
who had been sacrificed on the altars of Spanish
cruelty. They expatiated on the sncredness of
the cause of liberty in which they fell, and ex
pressed their willingness to s|>end' and be spent
for Cuba and the Cubans.
Judge Walker being loudly called for, addres
sed the crowd, counselling them to observe the
calm and dignified demeanor of freemen, having,
as they had, a great wrong to avenge,—an in
sult to wipe out. Acts of individual violence and
passion would only weaken a feeling which
ought to be concentrated and irresistible. The
patriots must be helped—>braVely, substantially,
effectually, and a monument for those who
have fallen, must be erected in the lovely isle
for whose liberties they fell..
The speakers were often interrupted by loud
outbursts of applause, which showed a nnited
ness of feeling, and a determinatfon 'to act, on
the part of the hearers, which could not be readi
ly silenced or put down.
The following resolutions were then read to
the meeting, and unanimously adopted, after
which the crowd quietly dispersed:
Resolved , That, as American citizens, we
pledge ourselves to avenge the slaughtered vic
tims of Spanish barbarism, who wete murdered
in cold bfood by the minions of despotism in
Havana, on tlie 16th of-August, instant.
Resolved , That the murder of these men, uri
derthe circumstances, is the most infamous deed
of the age, and should place its perpetrators and
abetters beyond the pale of humanity or mercy.
Resolved, That we deplore the loss of the gal
lant young men who risked thejr lives and ail in
the sacred cause of human liberty, and tender
our sympathy to their afflicted relatives and
friends.
Resolved , That Concha has shown himself to
be the most dastardly and blood-thirsty villian of
the ige, whom it is thednty of {ill mankind to
pursue with their hatred and vengeance, until
his own life shall expiate those of his murdered
victims.
Resolved, That all the aiders and abettors in
New' Orleans, of the barbarous dynasty of Spain
in Cuba, should be treated by all Americans w'itli
scorn, contempt, and that hostility due to allies
of such a cause, accursed, as it must be, by God
and man.
Resolved , That we will aid the patriot cause
in the. Island of Cuba, at any and every sacrifice,
and with all the means in our power.
Resolved , ’l*hat, as from the slaughter of Alamo
and Goliad, sprung with renewed vigor the germ
of Texan liberty, so shall that of the gallant
Crittenden and his brave companions, impart
new strength and vigor to the Tree of Cuban In
dependence.
The Excesses of Yesterday and Last Night.
We regret that the exciting news received
yesterday-morning from Cuba, produced such a
feeling of popular indignation among our citi
zens, that acts of violence were done by them,
which in their 11 sober second thoughts,” they
will themselves condemn. The first object on
which popular vengeance was wreaked, was the
printing office of that villainous Spanish sheet,
“ La Union ” which, for months past, has been
casting forth its toad-like venom on the Ameri
can character and name. The types were cast
into the streets, the press was torn down, carried
away in triumph, and broken; and the paper
for a prospective edition, was scattered to the
winds. No violence was used on the persons of
any of the inmates of the printing office.
The next attack was made on the cigar shop
of B. Gonzales, at the corner of Gravier and St.
Charles streets. This attack was provoked on the
part of Gonzales, who declared to a young gen
tleman of the city, that all the accounts of an in
surrrection in Cuba were wholly false. On this,
words arose, and Gonzales moved to get a pistol.
Mr. M., the young gentleman on this, drew his
pistol and warned the Spaniard that if he stirred,
it was at his peril. Another Spaniard came to the
rescue of his friend, and he was also kept at bay
by Mr. M. A crowd now rushed in from the street,
and committed some few excesses, but were even
tually quieted and the shop was shut up. In
about an hour, Gonzales opened his door, and,
armed with a dagger and a dirk, he dared any
one to attack him. His foolish banter was met
by a volley of brickbats, after which he made a
rush through the crowd severely stabbing two
men, who opposed his way. He ran in the po
lice office and thereby obtained protection from
the vengeance of the pursuers, but his shop was
now re-entered by the crowd, and its contents
were cast into the streets. An American flag
flung forth by a lady, from an tipper window
saved other portions of the building from vio
lence.
All this was done during the course of the af
ternoon. In the evening the “ Jenny Lind Sa
loon,” at the corner of St. Charles and Perdido
AUGUSTA, GEORGIA, FRIDAY, AUGUST 29, 185I‘.
i streets, shared the fate of the Gonzales cigar
shop. It was rumored that other Spanish coffee
houses would be attacked, but the crowds de
sisted, on the protestations of the parties that
they favored the cause of Cuban liberty.
While these scenes were being enacted, the
Spanish Consul’s sign was torn down from his
office and burnt, and a headless effigy of the
Consul was borne by an indignant crowd, through
the principal streets of the city. It was rumored
that the American Consul at Havana would be
treated to a like mark of respect to-night. We
shall see what we shall see.
Capture of the Fifty.
We heard, yesterday, that the Fifty Patriots
who were so inhumanly butchered in Havana,
were captured by the upsetting of two rafts, on
which they were proceeding to get in the rear
of the Spanish army. These rafts, we learn,
w'ere run into by a Spanish steamer, and the
men being thus thrown into the water, were
taken one by one.
The following letters from that gallant young
Creole hero, Victor Kerr, are among the last
which he ever wrote. They were written in a
bold and muscular style of chirography, aud will
sufficiently refute the unfounded rumors touching
their tenor, put into circulation yesterday by the
enemies of Cuban liberty:
To His Wife.
My Dear Felicia: Adieu, nry dear wife; this is
the last letter that you will receive from your
Victor. In one hour I shall be no more.
Embrace all of my friends for me. Never mar
ry again; it is my desire. My adieus to my sis
ters and brothers. Again, a last adieu. I die
like a soldier.
Your husband, victor kerr,
August 16,1851 —6 o’clock.
To his Friends.
My dear Friends: I leave you forever, and I
go to the other world. Lam prisoner in Havana,
and in an hour I Shall have ceased to exist. My
dearest friends, think often of me. I die wor
thy of a Creolejwo’thy of a Louisianan, and of
a Kerr. My dearest friends, adieu for the k»B6
time. .
Your devoted friend, victor kerr.
To N. Larose,H. Bouligny, Leon Fazende,Wil
liam G. Vincent, Felix Arroyo.
August 16, 1851-Mtl o’clock.
AUGUSTA, GA.
THURSDAY MORNING, AUGUST 28.
“ Fair, Liberal and Just."
Mr. Cobb says that the Compromise is fain
liberal and just. The New York Express says:
“ We do not believe that after the South has
practically lost five measures of the Compromise,
that they will let tlie North repeal the sixth, the
only one that gives them any thing at all, and that
one too solemnly guarantied by the CoustitutionP
There it is, right out, plain and flat-footed, in
the New Yofk Express. That’s what we have
said all along. The South has practically lost
five measures. If that is true, and the South got,
in the Fugitive Slave bill, nothing more than is
guarantied to her by the Constitution, what did
she gain? That is the question, WHAT DID
SHE GAIN ? It is the plainest case that was
ever submitted to a free-people, since GoA Al
mighty said, “ Let there be light.” We have
lost every thing and gained nothing, and yet some
of our would-be Governors, Vice Presidents,
Senators, Speakers of the House of Representa
tives, Foreign Ministers, &c., tell us that we have
got a fair, liberal, just and honorable settlement!!
The North is clothed in purple and fine linen—
the SpHth has on a ragged coat, with half a tail,
and out at the elbows, and yet we are told that
we make as decent an appearance as the North.
Is not this trifling with the public intelligence?
The people must be won over by treating them
as idiots! A triumph must he won at the ex
pense of the public intelligence ! .
Two men are equally interested in a large es
tate. One gets the lands, the fine house, all the
money, &c.; the other gets nothing —dines at his
kind neighbor 1 !, if he dines at all, and has not a
hole to creep into, like the fox, but lays his head
as chance may permit. Would it riot he adding
insult to injury to go up to this man and say to
him, “ Sir, the settlement between you and the
other party, is wise, liberal and just ” ? Would
it not be doubly preposterous to ask him for his
vote, while administering such consolation as this ?
If he could be coaxed to admit that he was fairly
treated and to vote for such a man, it might safely
be said of him he would die like an ass.
The people of the South' are routed, cheated,
degraded, and then asked to vote for those who
stand sponsers for the infamous deeds by which
-it was done. Even in Kentucky, where Cas
sius M. Clay run as the emancipation candidate
for Governor, Gen. Leslie Combs, one of the
most popular Whigs in the State, was beat for
Congress, with a majority of over eighteen hun
dred to back him. We shall not cease to hope
. for similar results irt Georgia, till the people
themselves give fruits at which to blush. Ap
pearances, for nearly a year past, have been
ominous of evil.
There is some show of reason in a people’s
yielding public virtue to pecuniary interests.
No people ought to do that, but the human mind
can contemplate no picture more debasing than
that of a sacrifice of public virtue, with no pros
pect of gain—indeed with every prospect of pe
cuniary, social and political prostration, to fol
low, as the direct and necessary consequence of that
sacrifice.
There are labyrinths of difficulty into which
we might get by necessity, to'be extricated from
which would require'all the wisdom, patriotism
and courage which a people could command;
but it is awful to contemplate their getting into
such a condition by self-delusion, and the artful
sophistries of selfish politicians, who see in themr
selves stars of the first magnitude, and in the
people their deluded worshippers.
We shall not mince these matters to please
even the people! The man who flatters the
people to their injury, is a despicable demagogue,
unfit to be a repository of power. We say, then,
that the people are also censurable, who will not
examine facts and judge for themselves. • The
people of Georgia, in mass, ought to see the im
position and cheatery of the Compromise, as plain
ly as the New York Express sees it. Thousands
of them do see it, and will act upon it. If popu
lar leaders were to tell some people that an ele
phant was a rat, they would believe it. With
such, argument is vain. You might as well talk
to a corpse. To a man who will examine facts,
it would be as decorous to tell him that an ele
phant was a rat, as that the late Compromise
was, to the South, fair, liberal and just!
Let the people examine and think for them
selves.
Northern Sympathy for the Blacks.
The people of Indiana have adopted a new
constitution. At their late election, they ratified
the following, and made it a part of that consti
tution S' We, of the South, are rogues, man-steal
ers, antfetseals, dealers in the pound of flesh, and
deservrfte be execrated by all mankind, because
of our fHtarchal institution; and yet the friends
of the in liberty-loving Ohio, have adopt
ed the tdmving as a part of their fundamental
law. 'ffi'
It exhibits fully their hollow hypocricy, and
the unprincipled character of their crusade against
the South. They will permit no negro, or mu
latto, to settle in Ohio, and yet would turn them
loose upon us in a pent up and limited region.
They hold us up to the scorn and hatred of the
whole world for inhumanity; and mercy dies an
endless death, in their sriuls, before their words
of condemnation have fairly escaped their lying
lips.
“ Sec. 1. No negro or mulatto shall come into
or this State, after the adoption of this
“Sjic, 2. All contracts made with any negro or
mulfßto coming into this State, contrary to the
foregoing section, shall be void; and all persons
who shsJl employ, or otherwise encourage such
negro or mulatto to remain in the State, shall be
filled in anjr sum of not less than ten dollars nor
more than five hundred dollars.
“Sec. 3. An fines which may be collected for
a violation of the provisions of this article, or
any law which may hereafter be passed for the
purpose of carrying the same into execution,
shall be set apart and appropriated for the colo
nization »f such negroes and mulattoes. and their
descendants, as may be in the State at the adop
tion of this Constitution, and may be willing to
emigrate.
“Sec. 4. The General Assembly shall pass
Uw« iKo provtoiona oC 4hia tvrtiele.''
It may he aad has been said, that there are
peculiar reasons for such a decision in Ohio. The
New York Tribune says, alluding to the above:
“ We cannot doubt that the same proposition,
in like manner submitted to a direct and naked
popular vote, would prevail in nearly every free
State of the Union.”
There is the testimony of the ablest and most
widely extended free soil paper published in the
Northern States. How hypocritical and prepos
terous the grief of these people, at the wrongs
done the poor Africans! There is more real re
gard for the well being, the comfort and happi
ness of the negro race, in the bosom of a single
Southern slaveholder, than exists in the public
bosom of the entire State of Ohio. Considering
their professions there, they act more like sava
ges than civilized people. What would become
of the black race if these people were to be the
arbiters of their fate? They malignantly de
nounce us and proscribe the negro in the same
breath. Their love for him is an ostracising ty
ranny, and their love for the South, a betraying
and deadly hiss.
That Letter.
The Southern Recorder is quite clamerous for
the publication of Mr. Cobb’s letter to the Ma
con Committee by the Southern Rights papers, it
insists that as those papers have been calling for
Mr. Cobb’s tuppreued letter to the Cenvention,
therefore, they are under obligations to accept the
letter to the Macon Committee as a full response,
and say nothing more about the suppressed
letter-
The editor of the Southern Recorder is some
what mistaken if he supposes that either'the
Southern Rights editors or the people of Georgia
are tu be put off in that way. They want the
mpprcevd letter, and they will not be satisfied
with any thing tharler. Produce that tetter Mr.
Cobb, and gentlemen of the Consolidation Union
party, or acknowledge that it contains senti
ments that you are afraid for the people to see.
The people want to see the letter Mr. Cobb
wrote to the Toonjbs Convention, which Mr.
Toombs put in his breeches pocket, and conclu
ded that it would not do to publish. Mr. Cobb
may write as many and as long letters as his
ingenuity may suggest, but as long as that sup
pressed letter remains hid, the people will sus
pect that there is a trick on foot to cheat them
out of their votes.
Discussion between McDonald and Oobb.
We will publish in our next the gratifying ac
count,furnished us by an eye witness, of the dis
cussion at Marrietta, between the two candidates
for Governor. The writer says:
“Let our opponents boast as much as they
please, we are perfectly satisfied with the re
sult.” _
is our painful task to announce the
death of Martin M. Dye, Esq., who departed
this life at Madison, on the 26th instant, af
ter protracted illness. He was for many years
a well known and highly esteemed citizen of
this community, during a portion of which time
he occupied the honorable position of Mayor of
the city of Augusta. A year or two since he
moved to Savannah, where he was engaged in
business, under the firm of Dye & Shumake,
at the time of his death.
He was an honorable merchant, a good citi
zen, a benevolent man and a pious Christian. '
He was universally beloved and respected.
- < - 1 .
A Small Mistake.
In Georgia 53 papers are published, 4 being
monthly, 40 weekly, 4 tri-weekly, and 5 daily.
Os these, 16 are democratic; 8 whig, 1 indepen
dent, 4 literary, 2 medical, I agricultural, 4 reli
gious, I Union, 1 neutral,and the character of
the rest not stated. The largest circulation is
that of the Augusta Sentinel, 5600 copies. Tne
Temperance Banner, in Greene county, has 5000;
the Angusta Constitutionalist,Southern Cultiva
tor, Macon Telegraph and Macon Messenger
have each about 300.
We copy the above paragraph from the Mem
phis (Tenn) Enquirer, in order to correct a mis
take, in reference to the circulation of our paper.
Probably a mistake was made in the omission
of a cipher, in putting the number at 300. Our
circulation is over ten tuousand, by which it
I will be seen that it is much the largest in the
State.
The Constitutionalist, prior to its uuion with the
Republic, had a circulation considerably exceeding
3000. Its circulation had for several years been
above the last named figure.
It is now probably greater than that of apy
other paper in the Southern States.
The following letter received by us a few days
since, is from one of the most respectable and
intelligent citizens of Rabun comity:
“Clayton, Rabun County, July 25.
We poll, in this county, abo]ftt3so votes, and
Mr. Cobb will get 200 to majority will
not vary much Irqm-100 votwß<..Send us some
documents to prove the fire-aflkp were in favor
of disunion last year—they denySt up here.” -
Mr. Editor, the above is clipjl&ff from the Union
Banner, edited at Macon. I am unable to say
how, or from whom theeditofs'flfthe Banner re
ceived their misrepresentation.of the vote of the
people of this county (Rabun.) The gentleman)
(whoever he is,) says out of about 350 votes in
this county, that Mr. Cobb will get about one
hundred majority.
I greatly differ with the disruptionist, (for I
know no true Southern Rights man would have
give such an estimate.) and given a true and uft
prejudeed opinion of the election ir. Octobor. I
think that Mr. Cobb will get from 50 to 100
votes in the county, which will leave Judge
McDonald 150 to 250 majority. I think I have
good grounds to infer 1 that Mr., McDonald wits
get largely the majority, from the fact that the
usual Whig vote of the county is about fifty, and
even some of the Whigs will not vote for Cobh.
But I suppose there are a few dirt-eating De
mocrats that will vote for him, which will give
him about the average Whig vote of the county.
Mr. Cobb in hi§ former elections, has always
got largely the majority in Rabun : but the true
old Democrats are getting their eyes open since
Mr. Cobh has become one of the firm of Toombs,
Stephens 8c Co. We are not unapprised that
Mr. Cobb has turned traitor to the South, and
therefore we are going for the old Democratic
friend of the South and preserver the Union,
(Charles J. McDonald.) Enough on this sub
ject at present. I just wished to inform you
and the public, that we are friends to the South
and preservers of the Union.
Justice in the Mountains.
Clayton, August 19th, 185!.
(communicated.)
To John Scottt, H r m, W. Sturges, S. Randolph,
Alex. McKenzie, and S. P. Davis, Esqrs.
Gentlemen :—As a candidate soliciting the
suffrages of the people, I fully recognize yoiir
right to know the principles and policy which, if
I am elected, would control me in legislating for
the interest of the country; and I will, there
fore,proceed to answer such questions as you
have been pleased to propound to roe, in ac
cordance with the opinions I entertain, and to
the best of my abilities, and if in answering any
question I fail to make myself, fully understood,
please call my attention to it, and I will try
again, for I do not believe in the doctrine of con
structive answers.
You will, I hope, excuse me for giving you iny
reasons for the answers made to certain of your
questions. I have also taken the liberty of an
swering the third pertinent question in the only
manner I could, to placfe myself in the position I
desire to occupy before the country. To have ap
swerwl it either in the negative or affirmative
would not have given you my opinion correctly
on this subject.
In answer to your first pertinent question, viz:
under existing circumstances, are you for or
against the union of the States.
Ans. —l am lor the Union.
2nd Question. —Do you favor as an ulterior ob
ject, a reversal of the decision of the people of
Georgia upon the compromise measures so so
lemnly made in Convention,
Ans. —l do n6t. For in this instance the sov
ereign powdr was exercised by those who alone
possess it, to-wit: The people. They in Con
vention assembled, decided, that although they
did not whoHy approve of those measures, yet
they would abide by them, and although I may
have differed with them in that opinion, I am a
State Rights man, and according to my own doc
trine, bound to submit; and yet I hold, that an
other Convention would have the power to an
nul or reverse the action of the last. Bat I can
not see why we should desire to reverse the ac
tion of that Convention. What could we gain
by it ? Would it enable us to drive Northern fa
natics from, our Legislative Halls? Would it
'check the course pf a reckless majority in their
scheme of self-aggrafidizement ? Would it take
from Avarice and Ambition the scales of Justice
and put them in the hands of Wisdom and Vir
tue? Would it place within, our gift, one of
those easy chairs of State in which the patriot,
who would fight our battles might rest his wea
ried Kmhs ? No, it would do none of these things.
Then why reverse it ? But you may ask: would
not our public men listen to a remonstrance com
ing from such a source ? I answer: not if it did
not coincide with their views. They are deaj
to every thing which does not pander to their
aihbition. They can hear as a storm the shouts
of majorities who proclaim their elevation, to
- power; but the wail of a down-trodden minori
ty would pass as the morning zephyr.
You ask what mode and manner of redress do
I propose for past grievances ?
I know of none which would be certian to re
dress our. grievances. I can only suggest to you
a probable mode; and that is, for those who do
not “wholly approve of the compromise mea
sures” to refuse, by their votes, to place any man
in power who believe that they are wise, liberal
and just. This is a constitutional and pestceable
mode at least, and as we cannot be injured by the
experiment, I propose to you to try it on the first.
Monday in October next.
Your next question:
Do you hold the doctrine, that a State may
rightfully and properly dissolve her connection
with the Federal Government at pleasure, with
or without cause ?
new series - vol: vi. no. m;
! I hold this doctrine, to-wit: That a State may
(its morar obligations not considered) dissolve its
connection with the* General Government at
! pleasure. But that it would be proper for her to
do so mtliout cause , I do not believe.
Your fourth question: .
Do you believe that Congress, by the recen -
enactments, known ps the compromise measures,
, robbed the Southern 'States of all their*inlerest in
I the territory acquired from Mexico, and imposed
upon them, as condition of their remaining in
the Union, degradation and inequality ? , r _
1 I cannot say whether we were robbed, juggled
l or bought out of it I know that we obtained
* from Mexico three hundred million of acres of
territory; but Ido not know that these is a sin
, gle Southern slaveholder settled on any part of it
, with his slaves: nor do I believe he could do so
. with safety to his property. That there are
. thousands of Northern men settled ondt/no one
j pretends to doubt, and they had the privilege of
, carrying with them all their moveable property
, Brass Clocks, Wooden Nutmegs, and Horn Gun
Flints included, and the General Government
protects their property; and yet the Constitu
, tion purports to have been lormed to establish
justice and promote the general welfare. Now I
■ cannot perceive that the parties have equal pri
vileges—so there must be inequality. Now as to
the degradation. The Georgia Convention said
, ikdid not wholly appfove the comprotJffse mea
-1 sures. They could not have considered them
, just. If they had, they would have fully ap
} proved them, and in submitting to injustice, we
surely did not exalt ourselves. ,
*yv..
Below you have mv answers to your question*
5 in relation to the theory of government.
What relation does a State bear to the General
* Government, and in the act' of ratifying the
Constitution of the United States was State sov
ereignty merged into that of the common gov
ernment?
; Ans.—They bear the same relation as creator
and creature, or to be more plain, 1 will illustrate
by a simile. I will suppose the 31 States to be
1 represented by thirty-one lights, and the General
Government by a wfdl burnished reflector, so
r placed as to reflect each one of these lights upon
, all the others. This you my opinion as
well as lam able to da*' In this comparison you
will readily perceive, that each State, although
enjoying the reflected light of the other thirty
retains all of its own* The General Govern
ment reflecting, combined the light of the whole
thirty-one, yet not possessing one ray of its own.
I do not believe that the sovereignty of a State
, was ever merged into that of the General Gov
ernment. On the contiary, I believe it y>is ful
. ly recognized in that clause of the- Constitution
establishing the Senate. Upon what other grounds
could the States of Delaware and Rhode Island
* claim an equal power in the Government with
r New York and Virginia ? They could not have
claimed thiss equality oh V ground of equality
of-population, and sntely not of their immensity
1 of territory. Each State, in entering into tha
■ compact, pledged herself-to her sister States, to
> do and perform, or to desist from the doing of cer
, "tain things therein specified? ;
Honor and good faith to her sister States re
> quire that each State should fulfil the efigage
’ ments entered into so long as she remains united
with them; but a failure on the part of her sis
ter States to comply with the articles of agree
ment. annuls the bond and leaves the State free
to act as her interest may dictate. I do not
(lelieve, that q State can direst itself of its sov
ereignty by an act of its own : nor do I believe
she can be divested of it unless you drive her
Representatives from the Halls of Congress—
conquer her people and partition her territory
(Poland like) among the neighboring States.
You aak where is lodged the ultimate power to
decide upon the constitutionality of the laws? I
believe in the people of the States, and the peo
ple of each State may decide for themselves
whether in a given case the General Government
transcends its powers. I know of no other pow
er to whom it might appeal. A State would not
appeal to Congress, (admitting its power.) This
would be a partial tribunal, for the case would
have been pre-judged. Ido not believe, that the
Supreme Court, could, under the Constitution ex
ercise jurisdiction; for in the clause in that instru
ment establishing this tribunal, it especially de
clares who shall be parties to controversies,and al
though many are enumerated between whom
she may decide, I cannot find that of the Fed
, eral Government and a State mentioned as parties
in controversy over whom said Court might hold
jurisdiction. But do not misunderstand me. If
there should be a law- passed by Congress agree
ably to the mode pointed out by the Constitution
and a State or number of States in their highest
council assembled, should decide it to be uncon
stitutional, I do not contend that it would render
the law void in such State or States. On the
contrary, it would have all the binding power of
any other law upon such State or States, so long
as they remained in the Union, for I hold that a
State ts bound in honor and good faith to submit
to all the rules and regulations which a majority
of her sister States piay adopt for their govern
ment, so long as she remains united with them.
As it may. save you the trouble of again calling
on me, permit me, gentlemen, while on this sub!
ject, to give you my opinion on a new mode, at
least (to tnej of testing the constitutionality or
justice of a measure. The mode is simply to
have thfe views of a majority, and if they decide
the measure just or constitutional, it is so; and
the supporters of this new doctrine vindicate it
by asserting that this is a Republican form of go
vernment where majorities should or ought to
rule. Now- add to this the doctrine, that a State
has not the right to peaceably withdraw from the
Union, and does it not make a splendid consoli
dation. I would not be surprised to hear that
spme far-seeing Yankee had gone to manufactu
ring Block Cockades. Let me show yon, by
comparison, some of the effects of such a govern
ment. England, Ireland and Scotland are united
States, under a consolidated government, where
majorities are supreme. Ireland is in a minori
ty m the Parliament of the Union. Do we not
all know that she has been degraded and op
pressed for; more than a century by the majorities;
and when she raised her voice and asked, as a
boon, to be allowed to peaceably withdraw from
the Union, wliat did the majority reply ? “ Se
cession is the end of a Rope,’’ and they sent fif
ty thousand bayonets to ensure the application.
I ask, gentlemen., are (here any among us, who
are willing to jeopardize their liberties by vest
ing in our common government such a power as
this ? Deny the right of a State to secede—ad
mit the power of the General Government to co
erce her if she should do so, and you have the
same precisely. Now, if I did, or could be made
I to believe, that this was the kind of Union which
exists between these States, I would like Ham
I ;no not like him, but like Peter the Her
mit, i would clothe my body in sack-cloth, gird
up my loins, put a liberty cap on my head, and
preach a crusade against it.
Yours respectfully,
JOHN T. BROWN,