The Georgia constitutionalist. (Augusta, Ga.) 1832-184?, March 29, 1833, Image 2

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jrji* JP. C, GVIFsV. CT TERMS—For (2ie semi-weckly paper, published every Tuesday and Friday morning, §.l per annum and fur the weekly §3, nil payable in advance. r »AIIVEBTISEMEXTS arc inserted weekly for C 2 j-.o cents per square ; semi-weekly C 2 1-5 cents for the first, and-43 3-4 cents' for cadi subsequent insertion, and 'monthly for $ 1, 03 per square for each insertion. For yearly advertisements private arrangements are jn; made. A deduction is made on tin; advertise ntcntsofpnblic officers. IJ- Postage must be paid otylc^J-sjffbH*^ MR- FOSTER, Or GEORGIA. The bill from the Senate, tort her to proviae f-r the roiicctioh of the duties on imports," being under consi deration, and the question being on ns Mini reading, Mr. Foster addressed the bouse as f„Lows— Mr Speiker—lf is not with the vain n »pe of produe. in» the slightest effect on the decision of the question now pending, that I rise to ad Ire*, you. . He must he blind indeed, ulm *hxs not see tout there is a fixed and settled determination on the part o‘ a very 1 irge m jon ty of this house, to.pass rids bill. It would scarcely be j going too far to say (and I hope in s tying so I shall he guilty of no irreverence) that this majority “ would not be persuaded” .0 reject this bill, even “though one rose from the dead.” No, sir, the question is already defied, cd ; wwt.as sure ns the final vote is taken, just so sure the bill on the table will become a law of the land. Blit, Mr. Speaksr, it isa duty which I owe to mvself to present my views of this deeply interesting subject, and I beg the attention of the house while I attempt to do o. It wasniy fortune to belong to the conrfnittec to whom the message of too President, suggesting the measure now under consideration, was referred. On a careful and deliberate investigation of the various suggestions contained in the second page, I could not give my assent to the most prominent o! them, and united with a majori ty of my associates on the committee in a report which was sometime since submitted to the house. The views presented in that report it is now my purpose to defend. It would have been gratifying to inm Mr, Speaker, to have heard from the advocates of this hill, an ex tnnna. tion and defence of .its d.et.rl *; but they h ive n>t thought proper thus to discuss it. My colleague, (Mr. Wayne.) who has just taken his sea*, refl ete I s ime what on the gentleman f rom South (' rolitta. f Mr. M‘Duffle,) because in the course of ids argument lie referred l > but one of the provisions of the bill; and yet my co'/eague was guilty of the very same omission. He is tlie strenuous supporter of tha whole hill; but did not bestow even a passing remark upon only one of its features—the em ployment of the military force. I shall not follow the example of the gentlemen who preceded me. It will be my object to investigate the details of the bill, and no'h c the prominent measures which it proposes; and if I can net hear reasons in favor of them, I will endeavor to show some against them, which, if not satistuctory to the house, arc entirely satisfactory to myself. It is not to he disguised that this is an administration measure. It comes to us n»t only approved, but asked for, by the Executive; and, there ore, as a friend to the administration, it would have given me great pleasure to have been able to yield it my feeble support. But, how ever high my respect for the President and his constitu tional advisers', 1 cannot sm tain their policy at the sa crifice of my own principles and opinions, I shall never he so much the partisan or friend of any man, ns to sur render the honest convictions of my own judgment. In opposing, however, the recommendations of the Presi dent, with regard to South Carolina, I take the occasion to disclaim any imputation, whatever, on hismitives. In the integrity ofliis motives, ami the purity ofhis patriot ism. I have the utmost confidence-—quite as much, cer tainly, as many gentlemen around me, who are so /(a’- ously sustaining these recommendations. I owe it to myself, Mr. Speaker, also to say, that I do not appear here as the advocate of Sontu Carolina. Ido not approve her recent measures. Do not imagine, how. ever, that I am about to join in those unmeasured cen. siircs and denunciations, which have been so lavishly be stowed upon her. No, sir, this is a crusade in which I ■hall be among the last to enlist. It is an enterprise which presents no temptations to my ambition. Il is a field in which I shall gather no laurels. Sir, South Ca. rolitta is the natural ally, the sister of Georgia. Her gal lant sons are our neighbors, our brethren, our tellow suf ferers —and, while disapproving their acts, I can most, truly say, that, “ with all thr.r f uilts, I love them still.” But, Mr. Speaker, I have prouvsed to enter into an in vestigation of the details of the biil under consideration; and I rfow proceed to the task. The first section provides in substance, that when, by reason of unlawful combinations or obstructions, if I ■hall .become tmposs hie to collect thcdui..*-* on imports in the ports.of any State, the President shall he author ized to emove the custom houses to some secure place, cither on 1 uid or water, and to direct that the duties on merchandise imported into such ports, shall he paid in cash, deducting the legal interest. Now, sir, although no particular State is designated, yet we all know as well that this measure is inten led for South Carolina, as though she were named in the hill. Indeed, the object •vowed by the President is to countervail the ordinance and legisi ition of .South Carolina. The very first suggestion which this proposition miis present to ( ilie mind of every one, is its p dpahle inequali ity injustice. It is well known,. tat tit tc aengn a' tna- , ny merchants in Charleston, who have i o intention of t if- ) ing the benefit o' the late laws o' Carol! n, for Hvi purpo e j o av iding the pa. in nl of the duties. Tney will e< n u ue 1 to imp rt tit i; g ods, give their bonds, and pay them j punctually as lien t dorr. o.ihl it not, then, be unjust in the extreme, to deprive these men o', rights and privi leges secured to all other citizens of the Un led {states ? and that, too, in a government whose ho ist h is been, and ever slum! , be, its cjuallaics 7 ' ir, this i jus ice is to > obvioits—it affords no ground tor argument—the mere statement amounts to demonstration, and presents a I striking dust mec of consigning to a common fate tlioar whoobqy and those who trmsgress the 1 i« s, which it is on* of thp most sacred duties of government to prevent. But weighty and conclusive as this objection is. it is light when compared! with another. Sir. the requisition of cash payments, as contemplated, will, in my humble judgment, conflict with Jivo clauses of the Constitution. I am aware, ?,Ir Speaker, that on the subject of the constitutional powers ofthe .government, I entertain what are now regarded as old fnshcored notions I early con eeived a strong bias (many -gentlemen will, no dotth', consider it a very u iforMaate o.tc) in favor of a rigid construction of this great ch :rter. It Ins hern a part of my political education—and mitur.’ reflection his but eonfimVcd the lessons of early instrn ction. Itmavnot become me to siv that I have been “ trained up in the way I should go,” hut there is eeraiulv m. r much proba bility <d my “ departing from it,” When, then, I am called upon to d i any act as a member of t!i, - house, I turn to my. power of attorney —to this iustrumen vrhich i has been the theme of so much eulogy, and the subject j of so muL'ii ahu-c, and if I cannot find authority the r e for | the act required it is more than I dare do to yicln my t assent. And gentlemen must pardon me for remindin'? j them of the high responsibility under which they act here j —a responsibility much more solemn and fearful than that which they owe to their constituents. And I beg them to be candid with themselves on this occasion to test tne bii(on wuicu tiicy will soon he called upon to vote, by the Constitution winch they have so solemnly sworn to support, and let an unbiassed conscience ren der an ifspartia! judgment. Rerdly, Mr. Speaker, had it not been for the source from which some ofthe suggestions embodied in this 4fill emanated—were it not for the profound wisdom and | transcendent talents ofthe authors and advocates ofthese propositions, if would be difficult to perceive h >w there could be two opinions as to their eonstituiion-ilitv—->r rather, (JiHrunconstiiutionality. Allow me toinvitethe ■ericas attention of gentlemen to the , ’ .uses j n ifi.. C() „ stitution) to which I have alluded.—Tim first is. that “as duties . imposts, and excises, shall he uniform throoghm.it the United States.”—Now. will any ge-.rleman contend —docs any one believe, that the ee biction of six per I cent, interest for cash payments, would be equivab in to the indulgence allowed by the present credit system? Where is the importing merchant who will admit it 7 Where is the one who would consent to p change from credits to cash duties on tiicsc terms? As to the mer chant who.resides in the inferior, rqui-distar.i f r «ni Charleston and Savannah, and who imports goods to i each of those ports, paying the duties in cash, deducting 1 the interest, at the ore, and bonding finder tiie existing ! Jaws, the other, ask fliis importer whether he consid- ; ers that he pays the same duties on each oflrs cargoes, i and what would be Ids reply ? You know he would fell , you there was an essential difference. There is an in- ; quiry proposed in ihe report «f yenr committee on the Jtidic.ary on this, subject. the answer to which would put this snhjebf at ryst. If there be no difference between tne credit svKteb? njid cash payui'ntp, n dedi'C- ! tioe of the ftweresf, why do you not abolish credits, and i Blve ihe Government the immense losses which it is con- I •tantly si-s'a nog by the fiilurr ofimoorters mid their S sureties?. Tl.i.ik, too, of the great trouble to which you i frequently subjected,in the collcciion of these cus- j ICW . bond*—aad tbeo tell :«*- wh«hcj- ihe pr«fcso: 1 system would be continued by Congress, if they could, without serious inconvenience to the mercantile com mun.tv, tmdvrindeed, without a severe pressure upon the whole country, substitute cash payments, with the in considerable deduction of six percent ? If we-needed an additional argument, and one which would placc this point entirely beyond dispute, the very term* in which the proposition is expressed will furnish it. The duties art to he paid in cash deducting the in teresf.. Ifow. I appeal to the candor of gentlemen, and I wisli “ the still sm I! voice” which breathes the response, could be audible. I would a-*k every intelligent man to ri i! me, why this deduction ofinterest is to lie allowed ? Have you any doubt tint this provision is intended for the purpose of preserving that very uniformity required bv the constitution, ami thus obvi iting the constitutional difficulty ? Sir, if the author ofthis suggestion were ask ed. he would ted! you this was the object. If, then, this deduction is not sufficient to equalize the cash and credit payments, is not the constitution as plainly violated as though no deductiomat all was rn ido ? Let me now turn the attention of the II mse to the oh rr clause of t!ie constitution to which allusion has been unde. It is in the ninth seetioikofthe firsi -article, and is in these words : “ No preference shall he given by any rcculation of co.-no crce or revenue to the ports of one State over those of another.” It will certainly not be nrces-a-y to show tint this hill provides a “ regulation of revenue;” and vet th s is not more plainly vnpirent than tlr-t-. bv-this regulation,” a very decided preference will !>e given to.thosc ports where it sliall not prevail, | ovrr tlmse where it slnll be pn‘o-ced. Adopt this re. gulati m- : n the pons of South Carolina, and the langi isli. ing commerce of Savannah would so >n revive and flour ish, while the active and lucrative t-ado of Charleston would he effectn illy destroyed, and its great wealth and | growing prosperity thus completely sacrificed.. The only answer which has been given to these con s itutional objections, is. that the provision's of the bill are gem ral--applicable to all the States eo r iial!v, and to none unless the execution of the revenue laws is obstructed. •Sir; lliis is scareelv a plausible subterfuge. What vs.the’ proposition?—Thai in case the laws are obstructed or resisfetl by a force ton powerful to be overcome in the ordinary w av, the Presuleni may order the removal of the custom houses, and require the payment of the duties in cash. Let us simplify the proposition ns much ns possilde. If Congress can confer this power upon the ! President, it may unequestionably exercise it itseli—and if it can nr wide the proposed remedy for a future contin gency, it may certainly apply the same remedy if tbeem. ergoney had already occurred. Suppose then, that from and after the first of Feliruary, some of the merchants of Charleston Kid avaded thcmselvcsof the benefit of I lie nnllifving I iws, and had actually, by the aid of the State courts, succeeded in rescuing their goods from the cns. tom house offiei rs withmit giving them bonds, or pay ing nnv duties—and th s fact is reported by the Collector to the Government. Here is the case fiiirly presented— the very state of things against which you are en leavor ina to guard : year laws are mil ified. their execution re s:sted by a force moi, g under the authority of the State. Now. will any gentleman point me to that clause of the con-sfitu'iou which relieves you, even in such extreme cases ns these,from the restrictions and prohibitions to, which 1 have referred? Sir, there is none. These pro. visions of the constitution are plain and explicit—and eannot he evaded—turn which way you will, and they stare yon in the face. Gentlemen may indeed, by in. genions and refined distinctions, silence their scruples and persuade themselves into the support ofthis bill— they only deceive tin mselv-s. It is utterly vain to at tempt to reconcile it w th the constitution ; it is beyond the reach of argument; the contradiction is too plain and palpable. Disguise it as you may ; resort to all the arts of c instruction—but “to this complexion it must’ come at last.” Yes. Nlr. Speaker, the passage of this bill will be an otln r deep (G id grant it m ly not be a fatal) stab to tb s sacred instrument. And really I had imped that its al ready mangled body would have protected it from fur. ther ou rage. The condition to which your repeated attacks have reduced it, is sufficient, it might be suppos. ed. to disarm even its most vindictive enemies. Let me entrontym, then, tostay-the npliftod arm, and withhold, it may be, the finishing blow. Sir, bad I the power, like Mark Antony, “I would put a tongue in every wound” which your ill-judged legislation has made, to implore your forbearance. To those around me, who have rccentl}' evinced so much zeal in tlie cause of the constitution, and affected so much anxiety to save it from sacrilegious hands, I particularly appeal. I especially invoke the aid of an honorable gentleman, (Mr. Vinton, of Ohio,) who, a few evenings ago, in the fervency of his patriotism, was rea dy to see all our rivers running with blood,'and this great confederacy converted into one vast slaughter-house^ , rather than have one tittle ofthe constitution obliterated by force. And, sir, had I but a small portion of that pow. erful and commanding eloquence, which I heard on n recent occasion,* manother place, in the anticipation of dangers to this sacred instrument, “calling on ill the people to its rescue,” in a tone and manner which, I can never forget, and which tilled me with emotions, too big for utterance : I repeat, sir, did I possess a particle of this overpowering eloquence, I would call in loud strains, not upon “all the people,” but upon these, their representatives, in this hour of imminent peril, to come to the aid of the constitution, and save it from the danger whi.-it threatens it from specious ami subtle construction. For if it must fall, it matters little whether by the hand of violence, or by the unperceived and undermining pro cess of ingenious and plausible sophistry. I would in deed prefer the attack, by open violence, because then we could see the extent of the danger, and might pre pare to encounter it. But, M r. speaker, the first section of this bill further i provides that, to enable the collector more effectually to ' exact the paunent of cash duties as proposed, he shall i seize am! detain all vessels anrl cargoes, until the duties j a ,. e paid—md in the event of an attempt to t ike such vessels or cargoes from the possession of the collector In--iiiy force, eombin ition, or assemblage of individuals, orbv any process, oili . r than from n Court of the Vni e iSta’-ts. the President, or such person as he shall em p >wor for. that purpose, may employ so'h pi"t of the 1 md and naval forces, or militia of the United States, ns mav he necessary to prevent the removal of the vessels ! ~r cargoes from the possession of the officers of the customs, &c. Sir, that proneness to resist the exercise of all powers not delegated to us, of which the House has had some evidence, prompted me, when a proposition was made to con er power so great, and of such dangerous tenden i-v, to consult again the charter under which we act.— On examining with great care, I find in the Constitution that “ Congress shall have power to provide for calling forth the militia to execute the laws of the Union, to sunpret s insurrections and repel invasions.’* The very o'lje-t of the hill on your table ist * enable tbc Presi dent “to execute the laws.” Now I will pot say that, in extreme cases, when no other means could he avatla. Lie, Congress might not under the power to “ pas® all laws necessary” to carry the granted powers info effect, resort to the regular army and navy—but f will sav, tint the very provision for calling forth the militia, shows verv clearly, that in the view of the framers of j the Constitution, the execution of the laws, if inili'nry | force should he necessary, should he !e r t to the niili'ia. i the yeomanry of the country. Onr ancestors, in their i difficulties with the mother country, had learned a lesson I* as to the enforcement of laws, by the aid of a standing I nr my, from which they seemed to have profited; and 1 ili *v confided this dangerous trust to those who \« ere mos t deeply interested in a fai'hfiil, but mild execution o " the laws —the great body of the people. And trnon ,l )ft legal maxim, that “the inclusion of one is the ex due,'on of all others,” the provision for calling forth the mi!iti? * t 0 create t* lo laws, excludes the idea that any nth er force was contemplated for this purpose. That phis was the View of those who were concern, ed in the formation of tbc constitution, is plainly infer nblc from the 'act that the fir'-t laws passed for the sunpressmn oi insurrections in 1792 and ”>3, were en titled, acts ‘to nrov’de for calling firth the militia to execute the law * of the Union, suppress insurrection, and repel invasion.” in iho very words of the constitu tional provision. But. Mr. Speaker. I maintain, that the present atti tude of South Carolina does not furnish such a case as contemplated bv the ro-, stitu ‘ton, where the laws are to he e vrcnfcd even hr th.e mi htm.-There is no insur rection there, within the n’rnnin g of the constitution— nor is there such a “corn'd vtion to obstruct tiicrxcru. f : on of the laws” as confcnip.'nted by the tu s o . - .art ’9.7. Whatever proceeding is had under the ordinance of South Carolina, is the act of a sovereign s. t is fio exercise of n sovereign pow er. .1 ether fins rur »t I belongs to the state, it is not necessary, for the purpose |of tlii-j argumen’, to inquire, ‘■he .claims i% and has ex- I ercised it. and any act done under .the authority of tie 1 state, will ho protected by the state. T“ attempt, there | tore, 10 reduce individuals acting .under- this nu. 10- I ri’y to obedience to your laws, will L'C an a’tempt to 1 coerce the state—it will be making war up° n the stale. And tins power, as stated in the report o' the judiciary committee, and as all who have read the journals of the fede r al convention know, was several times proposed to he given to congress, but uniformly rejected- But, on tuis p >in f , I shall adhere to.the course pursued by the j committee. T will net be drawn iatq a discussion of i the right of this government to make war upon one of j • Alluding to the speech of Mr. Webaur, in the Sen ! ate, on this bill. the states. Far, far distant be the day when such an in quiry shall become necessary. Even admitting, however, for the sake of argument, the power in question, I ask the attention of the house to a few considerations which should induce congress to forbear the adoption of the rigid measures proposed in this bill. And the first, and most obvious, is, that there is not the slightest necessity for it. The law pro viding for the modification of the teriff, which passed this house a few' days ago, and which had alreadv re ceived the sanction of the senate, has relieved its from - those alarming apprehensions, which we have unhappily had too much reason to indulge, and will soon quiet the agitations of our distracted country. Sir, this law was emphatically, a measure of cam promise: it was so, ten- j dered on the one side, and received on the other. It is I the bow of peace on the dark and angry clouds which j have so long lowered, and with such fearful portent, on ' our southern horizon. Siifier, then, the troubled ele ments to become again calm —and here let us once m ire assemble round the altar of our mother country, till hands united, all hearts mingled—let the sound of pea r e, pease, go forth from tins hall, and its happy ana healing influence extend to the remotest borders ol the republic. Hut- it is said bv my colleague, (Mr. Wayne,), and the suggestion has been made by others, tout we have no assurance that South Carolina will repeal her ordinance, or that she will not nullify the tariff law which we now pass. as she has those of ’2B and ’32. Sir, let us lie candid with ourselves on this, occasion. It is indeed poss'b'e tint this m-w/he the case; but does any one be lieve it will be ? At the intercession of a s ster s'atc, the co 'vention by which tins ordinance was passed, have j been ordered to re-assemhlo ; and it is notorious that the object ot this re-assembling is to suspend the opera tion of the nullifying laws until- the close of the next ses. sion of congress. This, too, let it be remembered, wa s done at a lime when all hope of a modification o! the tariff hy this congress had been nearly extinguished. With these facts before us, then, and with th? still more strik ing fa cv that every senator and representative in congress from South Carolina has voted for this modification, w here is the man who can, for a moment, indulge a se. ; j. rious apprehension tint that state will attempt to arrest the operation of the 'aw ? If there be a member of this ! house who does really entertain such apprehensions, I j have some curiosity to know him. It will certainly en i title him to a distinction winch he shoul 1 not lose the I opportunity of acquiring, and I w.ll mere fore pause to s**e if there be one who w*ill xnakc the avowal, f AYr, F. here paused, but no gentleman rising, he proceeded.) As I expected —a death-lll.e silence ■' No, sir. there is not an intelligent man, here or elsewhere, who enter tains a reasonable doubt Mat Souih Carolina wilt not acquiesce in the compromise which has been ct fected. But, Mr. Speaker, it is further argued 'hat unless we | pass the bill now on your table, the modification of the tariff will have the appearance of concession—a yielding to the demands of South Carolina —that it will seem as though the general government had been ballied into measures. At the same time, it is admitted that the complaints of the south are just, and ought to lie re dressed. Sir, I have been more than astonished at the frequent repetition of this objection during this session. What, sir, is the legislation of the American congress to he governed and regulated by such fastidiousness? How many a noble and gallant spiiit has met an untime ly fate under ihe misguidance ot these false n uions of honor! refusing to make just reparation—to atone for an injury, because a challenge had been given ! And yet we, to whose hands are confided, in an eminent de. gree. the destinies of fifteen millions of people, are pre pared to resign their high and important interests—nay, to stake flic very existence of the Union upon this delu. sive idea ! Sir, how long before we shall he able to i sink (he feelings of flic man in the noble and elevated, | and enlarged views of the statesman? Gentlemen tell us, however, that hy decisive rne.i. sun s on the part of the general government, all opposi tion to its authority will he put d nvn. and the majesty of the laws vindicated. How soon we forget the teachings of history and experience! —What instructive lessons do they give ns as to the consequences, in national as well as individun' quarrels, of a course o' menace on one hand, and defiance on the other! Collisions and violence have scarcely ever failed to lie the result. But we are | told with a triumphant, if not an r.nfeeling. air, that it will be an easy matter, to put down South Carolina; that | the Pi e-ident has assured ns that, the laws shall he exe cuted. and his character is a sufficient guarantee for the redemption of the pledge. All this may be very proba ble. From the accounts we have of popular meetings, and the numerous offers of patriotic volunteers to enlist in this glorious enterprise, you have certainly little cans; j to doubt your success. But how would you enjoy it, j when purchased at the expcnce of the blood of your va. ' liant and chivalrous southern brethren ? Who would rush madly on to crush even what some consider a rebellion, when the lives of hundreds of our ewn conn ' frymen must he the cost? Sir, I envy no man his feel i ings, who can cither boast of such an anticipated victory, or could exult in the bloody achievement. r But do you not run the hazard of provoking the other southern states to take part with South Carolina? • Much as they disapprove ker course, the origin of this controversy is common to them all; there is an identity • of interest and of oppression, which is rapiu!y producing an identity of feeling. Sir, are not the present indica tions sufficient to warn gentlemen 7 Do not the unquiet state and feverish excitement in many parts of the south ern country, admonish you of what may follow toe first act of violence ? Sir, once kindle this fire in the south, and who shall extinguish it? Excite the resentment and passions of a gallant, high spirited people, and who shall control them? Raise the tempest and who shall allay it. or calculate its ravages ?•—Where is the master spirit that can “ride in the whirlwind or direct the storm ?” What hand shall chain the billows of the rag ing ocean ? Believe me, sir, these are not the sugges tions of an excited imagination. Violent and oppressive measures in other countries, have generally resulted in convulsion? and civil wars; and beware that you do not make Toe history of your own a mere transcript from their records. There arc many past occurrences, Mr. Speaker, to , which it is painful to advert; yet I cannot consent, on this account, to waive nn advantage which one of that character affords. A short retrospect will bring to our recollection an event which will fully illus’tatc t.ie ai -1 content I am now endeavoring to urge. The gentle man from North Carolina (Mr. Carson) yesterday refer red you to the unpleasant controversy which existed in the year 1925, between the General Government and the st ite of Georgia. That controversy and many of its 1 attendant circumstances, are fresh in my recollection.— : I well remember the unequal contest which, single Imndod and alone, we waged against this Government. We not onlv derived no aid from our sister Stares, hut. public opinion throughout the whole of them seemed to ho against ns. This was indeed, “ (earUtl odds.” If was our cjoncl fortune, however, in t.ns important crisis, to have at the head of our Executive councils one ol those cho'ce s’tHts who-seem designed for great occa. 1 shms. With a firmness that never faltered, and a res i. , Intion that no circumstances could shake, he took his ! stand upon the ramparts of State sovereignty and reso lutely res’sted every attempt nn the part of the Federal Government to interfere in the just, rights of the States. Finally, however, the Executive of the Union ventured 1 j to threaten us with military power. The appeal was ■ j instantaneous—it was nn electric shock—the feelings j which it produced spread from the Potomac to the Mis ' ; sissippi. Then it was that the sympathies of ourCar.a --1 1 lina brethren, who had previously given ns no eonute -1 - nance, were aroused in our behalf, and every northern 1 breeze wafted to us the most cheering assurances, that i if an attempt should be. made to execute the threat i which had been uttered, we should not be left to con | tend alone against our gigantic adversary; And can it I be matterof wonder now, that Georgia should manifest i n deep interest in the fate of Souih Carolina ? Can she ( so soon forget this generous sympathy? No, sir, she can 1 never he unmindful of it. nor ungrateful for it. Happily the difficulty was adjusted, and the historian has not how to record in letters of blood the result of the mad exper iment. But, «-r, we have evidence on this point of a still later date. What has been th® effect of the President's re cent proclamation, in which a resort lo force was intima ted ? What do gentlemen from the South learn from their private letters? What do the newspapers inform | them to the state of feeling which has been thus I plainly produced ? Is it not thus plainly to be foreseen what must he the result of an atfcnmt to control or sub due one of these State? by military power? But, Mr. sneaker, I am willing to concede to our ad versaries all the advantage in the argument hy the possi bility which they allege—that Carolina may not repeal her ordinance. “ What then.” sav the gen jemen, “are j not the laws to be enforced ?” To this I answer, that I the hill reported by the judiciary committee, together j. with the laws already enacted, will enable the civil nu j' thorities to make rite effort. And even if it were certain that they would fail, it is better that the President should he reduced to the necessity of convening the new Con gress to devise mean? for meeting the exigency, than to proceed to now and violent measures. Even though s he Federal Government has the power to crush South Car olina. it would he magnanimous to forbear. Be kind and indulgent to her waywardness, give her no cause of further provocation ; but bring her hack by gentle and conciliating means to the path of her duty. And who is there that would not prefer a triumph thus peaceably obtained, to one gained at the point of the bayonet? I am free to declare, however, that even if these means should not succeed, and there were no modification of the tariff. I would not, either now or hereafter, resort to military force. I would much rather present to a State assuming the attitude of South Carolina, the alter native of submission or secession. I cannot for a mo ment tolerate the idea of subjecting one of these States to martial law—of governing any part of this great confe deracy as a conquered province. There is something abhorrent to my feelings in the suggestion of the bare possibility that the trad by jury is to be uperseded by the sword. In the first inaugural address of ?.lr. Jeffer son, the ablest production that ever came from Ids pen, 'the Declaration of Independence always excepted.) he expresses the opinion that “ours i? die strongest govern ment on earth.” And why ? “ Because” says he, “it is the only government where, at the call of the law every man will fiy to the standard of the law.” Yes, sir, here is vour reliance for the execution e-f your laws—it is on your people; and to make this reliance sure, vour laws must he so fra meal and so administered as to obtain fur the government their affections and confidence. These arc the sentiments substantially expressed in nn extract which I had occasion, a short time since, to read to the hou?e from a spccchnf the 1- te distinguished Mr. Bayard I have now to ask the attention of gcn'le mcn to another extract from the same speech. It will I require no remark from me to point out its application to the present crisis : indeed it is so very appropriate, that I have procured the printed volume which contains it, lest, if J should quote from memory. I might subject myself to die suspicion of forgery. T will read but one sen tence. “Your government is in die hands of the peo ple ; it Ins no force but what it derives from them: and your enforcing lams (mark the expression) are dead let ters, irhen then hare ever been driven to resist your mea sures." S ir, I would that gentlemen may hear and re ceive this as a voice from, die tomb of the illustrious dead. But, NTr. Speaker, I have an argument to vngo against the main provisions of this bill,, which alire??es itself particularly to those gentlemen who believe in the uncon stitntionalitv o r the protective svstem. This hill is imen. ded to provide fur the execution of the existing lari!? laws, whether the proposed modification takes place or —which laws have been declared hy renrlv all the southern States to he uncoils?nitiona'-. This I under stand my colleague ( VI-. Wayne) to admit; it lam mis taken. he will correct me. [Mr. Wayne said, he had expressly admitted the pro tective system to lie nnconstiiutionah] I am glad that 1 did not misapprehend my colleague. But it is difficult for me to conceive how we can main tain dint the tariff laws are unconstitutional, and yet pro vide the means for enforcing them. We are bound by our oaths, and by the most sacred of duties, to support the Constitution ; and vet we contribute our aid in passing laws to violate it. We are told, however, that these ta riff laws having been passed according to the forms ol the Constitution, we are bound to provide the means of i enforcing them. Sir, lam too little of a political ensn. ist to lecture on the morality of these principles. This subject I shall leave to gentlemen who are not only more able, hut more disposed to discuss it. For myself, I can not feci these constitutional or moral obligations prompt ing me to aid in the execution of unconstitutional laws. I ant aware, sir, that a southern man, acknowledging these obligations, and acting accordingly, will receive the commendation and applause of those who are interest ed. If, under ihe influence of these principles, we should aid our tariff brethren incarrying their protective laws into execution, tliev would, in turn, compliment us upon our generosity and liberal views. They might well do so. These complimentary speeches like all others, cost nothing- whatever profit is made hy them, there fore, is dear gain. There is no safer investment than th at of compliments—for there is no capita) required, and '.here is no hazard, except that of losing a character for sincerity —a verv trivial consideration, when compated with the profits of the speculation. I hope I shall not he considered as exhibiting any tiling like indifference to the good opinions of my political adversaries. Far Iron) it. No man appreciates more highly or reciprocates more cordially their feelings of kindness and persona! es teem—but I should he unworthy of those feelings ir I were capable of bartering away tnv principles and the in terests of my constituents to conciliate them. I come now, Mr. Speaker, to the consideration of that part of the hill before you, which provides for removing to the United States courts, any suit or pro secution commenced in a State Court, against a re venue officer, for nn act done in the discharge of It is duty, as prescribed hy law. That some amendments of the existing laws in cases of tin’s kind, are necessary, I candidly admit. Where an officer is sued in a State court, for an act required by a law ol the United States, it is a case “ arising under the laws ol the United c tates,"—-one ofthe very cases to which the judicial power of tho United States under the Constitution ex tends. The exercise of this jurisdiction, it seems to me for many reasons, ought to be provided for ; and that pro vision is made in the hill reported to the House, hy the Committee on the Judiciary. But when it is proposed to extend this provision to criminal prosecutions, I can not assent to it. It is an attempt to give to the federal judiciary, cognizance of criminal cases, where a State is a party, for which there is no warrant in the Con stitution. Having on two former occasions in this House, expressed my views on this point, I shall not repeat them now—but content myself with referring gentlemen to the able argument of Mr. Madison, in the Virginia report of’9B, and to tiie explicit exception to the'exercise of this power in the ratifications ofthe Con. stifution hy the conventions of New York and Rhode Island. I should, indeed, exhibit a specimen of singular inconsistency to rote for this provision, after having so repeatedly denounced the exercise ot the power hy the federal tribunals as unauthorized —and I should he tc cording. at the same time, a most severe sentence against the public authorities of the State of Georgia, who have not only expressly denounced the power, but openly re fused submission to it. Sir, were I now to concede this jurisdiction to the federal courts, I should expect the ghost ofthe ill-fated Tassels to haunt the dreams ot the midnight hour, —and to hear his “ blond crying from the ground” against the people of my .State. 1 have much more to say on this important subject. Mr. Speaker, hut at this late hour, after the polite and attentive hearing with which I have been honored, I cannot so much abuse the patience o! the House, as to trespass much longer upon it. I was particularly desi rous i.f adverting to these laws which my colleague (Mr. Wayne) referred to as precedents for this hill; but a sl’ght notice of the most prominent of them must suffice. Sir. it i? not the least, of the alarming considers tions which attend the introduction and advocacy of this bill, that the defence of it? most objectionable parts is founded on precedent. Mv colleague tells ns that the "rovis'on for eliciting the President with the whole land and mv-.l force of the U non. i? borrowed from a I twnassedin the “ democratic administration of Mr. Jeffer on.” But does my colleague sec no difference between measures for national defence agamst toreign powerc, and those for internal government? The hw to which he alludes, was passed for the purpose of enfor cing tho embargo, which, if not itself a new measure, was of a defensive character, and intended to operate upon England and France, both of which had committed serious denredations on our commerce. And is it not matter of history that tiie discontents of the eastern pco. pie at these restrictive measures, were such that Mr. Jefferson himself yielded to their repeal 1 And yet this i« the precedent which wo are to adopt in confiding to the Pres i dent powers to he exerted in a controversy between •he Federal Government and one of th? Spates ot the Union. Sir, I repca*. that this is the very circumstance which gives me the deepest concern. By this act you establish some most alarming princ pies, and it is to he n standing precedent upon vour statute hook. Some gentlemen arc rim more willing to confertlv>se power?-, on account of their confidence in the individual who is to ex®rei?e them. Now. Inm .petite sure that I hi\e ? mu"h confidence in General Jai-ivson, a? T sued 1 a- r in any one wdio mav succeed him ; nor do I apprenend any danger to the country from the exercise of these extraordinary powers hy h m ; I do not believe there w i he anv necessity for his executing them at all; hiu they arc powers which I would vest in no man liv ng. I here is not a worse rule its legislation than that of framing laws with an eye to the individual by whom they are to he executed, ft were always better to trams t tern un der the idea that they were tc- he administered by °>ti rers who would abuse their powers if they couf ' ~~ Reave ns little to official discretion as possible. Mno does not perceive the danger to which the country aru its liberties might be expo ed under the administration ofsome daring and ambitious tyrant, clothed with the authority conferred by this bill?—And should such an one unfortunately reach the Executive chair, and desire this authority, he will only h n ve to recur to “ the de mocratic administration of Mr. Jefferson.” and “ the democratic administration” of General JacKSon, am there arc precedents for as much power ns he canwieh . Mr. Speaker, my earliest affections were to the Union o these States, and my latest aspirations shall he for u? contmnance. and for the preservation of our present form of Government, to he administered in tiie spirit and on tiie principles which gave birth to both. It is therefore, that I look with watchful jealousv on any measure calcu lated to change its character. Such is thefeolingwi.h which I regard the bill you are about to pass. It?ten dency is to a military despnt sm, and improbable as it rnav to many, this may he hs ultimate termination. Should this be the melancholy result. I call ties House to witnes, that at the first step on this downward march, I have not failed to raise a warning voice against tt. - i -I E AUGUSTA; th w Friday I?loriiiMS, March 29, 1833. d - si £j=\Ve publish in this day’s paper, Mr. Foster’s speech. Having been furnished with Mr. Wilde's speech, wc shall lav it before our readers in our next. After we p have disposed of all these speeches, and other public documents, we shall devote more of our columns to oth- r cr matter, equally instructing and attractive to many of * our subscribers. BANK OF AUGUSTA. f The following gentlemen are chosen Directors ofthe Bank of Augusta, to fill resignations : H. Bowdre, A. f Sibley, and Robert Campbell—the two first on the part , of the State. _____ ( STB AM HOAX COM PA XV. , Col. Thom is M’Grxi has been elected Treasurer o. ( the Steam Boat Company of Georgia, for Augusta. , ( IK ITf iO .1 , By acts of the last legislature, tiie site of the pttblts ; buildings in Tattnall County is to be called RcinsviLLE ; , of Lee County. Starksville, in lienor oi General John ( Stark, of the Revolution ; of Sumter Court*)’, Ameiuccs; j of Stewart County. Roax-Oak. GttOHGIA. 1 In the general appropriation act passed at the last t session of the legislature, there is this provision, that | for the purpose of defraying uhe expenses of government. f f or the political year 1533. and refunding the money advanced to the State by the Directors of the Central { Bonk during the year 1832, the said Directors shall f ive to the credit of the Treasurer of the Stale, from a time to time. §IBO.OUO. The sums so advanced, to he g i aid hack to the Central Bank ns soon as ihe receipts at the Treasury shall enable the Treasurer to do so. s The legislature provided for refunding the money al- ready advanced hy the Central Rank, by requiring the Bank to pay to the - rcasurerthe further sum of §IBO,- 000 ! This puts us in mind of the following anecdote re- a lated 0v John Taylor, in the Records of his life, and for which wc must apologise for introducing while treating q of such grave and important a subject as the fiscal con cerns of the State. t Kenny, the author of the humorous and popular farce g of “Raising the M ind,” drew the principal character, Jeremy Diddler, from an individual well known at the j. time in London of the name of Bibb. Mr. Morton, the o dramatic writer, met Bibb one day after the successful t performance of one of his plays. Bibb, concluding that p a prosperous author must have plenty of cash, com- ( inenced his solicitation, and ventured to ask him for the loan of a crown, instead of nine pence, as Bibb was accustomed to ask. Morton assured him that he had f no more silver titan three shillings and six pence. Bibb r readily accepted them, of course, but said, on parting, fl i. Remember, I intended to borrow a crown, so you owe f me eighteen pence.” p The legislature provides fur refunding the money hor- c rowed, by borrowing more ; and now it seems, that the f Central Bank, instead of being the creditor of the Trea- x sury, has become the debtor for §180,000: and it is ns likely that the Bank will get its money back from the Treasury, as Morton got his from Bibb, The appropriations made by the last legislature are as follow: Governor’s salary. Secretaries, and four State House Officers, §14,000 s Judges and Solicitois, 20,925 1 Printing and Contingent Funds, 40,000 i Commissioners Town, of Columbus, 16,000 ! Lottery Fund, 45 - 000 Georgia Guard, 15,000 1 Penitentiary Fund, 12,.>00 Road and River Fund, 25,000 < Sundry appropriations, 9,000 j Legislature of 1832, about 60.000 §257,425 LATEST PROM EXGI-AXD. 1 Lit; arrivals at New-York from Liverpool and Havre, , britis dates from those places to Feb. 5 from Liverpool, and Jan. 21 from Havre. Tits new Parliament of the United Kingdom melon the 2 )th Jan. and re-elected the old Speaker, Charles , Manners Sutton. It was expected that the speech from tiie throne would not be delivered until the 6th of Feb. The following highly important intelligence to the British M’est Indies, was taken from the London Globe of January 29, by the Ne wYork Commercial Advertiser; “ The West India interest were thrown into considera ble alarm yesterday by a report that it was the intention of Ministers to introduce a bill into, the new Parliament for the immediate emancipation ofthe slaves in the West Indies. It was stated that the purport of the bill was to limit the existence of slavery in the colonies to three years, and that it was not the intention of the govern, inent to offer any compensation to the planters or proprie “Tn consequence of these rumoys. a deputation ofgen demon connected with the West Indies waited upon Lord Grey, and had an audience of the noble E irl at the Treasury yesterday afternoon. They requested to be in formed whether it was true that it was the intention of the government to emancipate the slave population ? The answer, we understand, was in the affirmative , and that a bill for that purpose would, on an early day, be submit, ud to the consideration of the new Parliament. It was also intimated that three years would be the period fixed for the extinction of slavery—that emancipation of the negroes would he unconditional, and that no compensa tion, except under special circumstances, would be al lowed. oSir Alexander Grant, who headed the deputation, in. quired ofthe noble Premier whether it was the intention of Ministers to announce this important measure in the speech from the throne at the opening of the session. Lord Grev replied that the measure had been formally decided upon, but that he could not, without departing from the rules of emtr'esy, give any intim ition ofthe s«n liments which his Majesty wou.d communicate in his ad dress to both houses of Parliament. '“Upon it being represented to the noble Earl the proba ble consequence which might ensue in the colonies in case those measures were prematurely announced, lus Lordship intimated that the government were prepared to meet ihe exigencies, and that an imposing force, con sisling of 15,009 men, would forthwith be sent to the West Indies. “ This is said to he the purport of the conversation which took place, after which the deputation withdrew, and communicated the result to their friends in the city. ' We beg it to be understood that we make these state ments upon the rumors which were generally circulated in the city yesterday among the W est India circles. “ This afternoon the business of the Colonial market has been suspended by the announcement that his Ma j, sty’s ministers have made slavery a cabinet question ; report adds that slavery will he abolished in three years, aul that no compensation will he given. Tins announce, ment ha? occasioned great agitation, and most of the WV.si I idia planter? h ive withdrawn their sugars from sale, to await the issue of this great event, [T ic West India Deputation hid a conference with Lord Goderich on the 2.1 ult.] Ofthe affairs of Holland and Belgium, nothing of a de finite nature has been received. The news, however, from that quarter, is on the whole satisfactory. The Dutch ministerial papers recommend an rjustmentot the points in difference. The Turkish army, under the Grand Vizier, has been totally defeated hy the Egyptian army, under Ibrahim, the son of the Pacha of Egypt, in the plains of Koniah. The battle took plpxeon the 21st December. Tite main body of the Sultan’s troops, about 42.000 in number, chiefly Albanians, and 500 of the Grand Vi, z'er’s household troops, under his own command, were to make the principal attack on the centre of the Egyptians while the Turkish cavalry, divided into two corps of 6000 men each, was to engage the wings of Ibrahim’s army, and attack when it should sec an oppor tunity. Ibrahim, perhaps, guessed this plan, and, favored by the defiles, had sent strong columns against, the Grand Vizier’.? wings, leaving in his centre only sufficient troops to cover his movements. He hail scarcely reached the extremity of the wings of the Grand Vizer, when he impetuously attacked the Turkish cavalry and dispersed if, and then attacked the Grand Vizier himselt on both flanks. Unprepared for this attack, and engaged with ihe Egyptian centre, which he had already broken, he ■ hastily collected some of his best troops to oppose -e Egyptians, but in vain. Nothing remained but to make he enemy pay as dearly as possible for the victory, which vns unavoidable. This was done, and the Egyptians I lid purchase their triumph by a sanguinary conflict sf I six hours’duration. The loss on each side was near- . H y equal. When the Albanians were dispersed the Grand Liß Vizier, with his faithful household troops, defended wP limself to the utmost, till he was wounded and taken prisoner. The Turkish army amounted to 60.009 regular and ir regular troops, and that of Ibrahim Pacha 30,000 — but the latter, as before remarked, were commanded by ex- nT, perienccd European officers. On receiving this intelligence the greatest gloom « prevailed at Constantinople ; and both Sultan and people fell into a state of utter apathy and despair. There were still about 30,000 Turkish troons dispersed in Asia Mi nor and about 10,000 regulars in reserve—but they were dispirited and inactive. A grand meeting of the Council was-held on the 21 of January, over which the Sultan presided in person, in reference to the question of war and pence, but it was neither accompanied nor followed by any decisive move, tnent. There is at least one consolation remaining to the Sultan—it is the fidelity of his troops—which, in con sequence of his innovations-upon the ancient discipline of the Turks, was deemed e.xtromcly doubtful. They i conducted with great bravery throughout the whole bat- I lie ; and although this conflict is a serums disaster to I the Porte, it could not be deemed a fatal one, were his " Councils animated by wisdom and energy. The roun. trv. too, between Koniah and Constantinople is moun. lainous, and in its passes and defiles, great annoyance might be given to an approaching army, and its progress retarded, until the obtninment of foreign succor, if dos pair and terror had not seized the Divan. ) From France, it is stated in the French pape’-, .hat the Emperor of Rusia has refused tc ,»-ceivc Marsh .1; Mai son in his quality of Ambassador of France. lie has* also refused to receive Bir Stratford Canning as Ambas. ador from England. The belief at Paris was that tho Duchess of Terri and the Ex-ministers would speedily be set at liberty, under conditions of perpetual banishment from the kingdom. It was reported that the Duchess was in a declining state of heatth. Uncertainty still hangs over the destinies of Portugal and Spain. The Holy Alliance would s- em to have ob. mined from the King of Spain the continuation of the old system of absolutism. It, is stated in an English paper that an ingenious plan to alter the whole system of the Sugai trade, has been submitted to his majesty’s ministers, and to the principal powers connected with the Colonial trade in Condon , it had produced a great sensation. It is contemplated that only one process should take place in the West Indies ; that after the boiling of the Sugar cane, the proceeds in a fluid state should be shipped for England, to be man ufaciuncd there. By a patent taken out, the fluid, by one process, is to be manufactured into refined sugars. The process of making muscovado sugar and distilling rum, would all be in England. The person who has sub. mitted this p’nn, has taken a patent for the refining by one process, the fluid into lump Sugar, in most of the Eu ropean countries, and, we believe, in America. Pile plan, says the London New Price Current, will create a complete revolution in the sugar trade. It is entertain, ed by the ministers, and approved of by the first houses in the West India Trade. MJ SPELL A\ E OUS IT E MS. The Charleston Board ofllealth reports the death of II persons in that city during the week ending on tha 24th inst. —6 whites and 5 colored. Awful. The New. York Gazette, of the 18th instant, slates that the ship Martha, arrived there on the 17th, fell in with the wreck of a vessel that had been burnt, and fourteen dead bodies floating around her. Picked up some spars, and trussel tree of mizen mast, on which was written, M. 11. Taylor, mate of ship [the rest oblite rated.] F.xchange on London was quoted in the Boston papers of the IGth hist, at less than five per cent. prem. This is lower than usual by two or three percent. The recent failures of the Eastern mails have been caused by the bad condition of the roads between New. York and Philadelphia, the mails from the east having reached the latter city several hours after the departure of the steam boat. Ah incendiary paper, under the title of “The Emanci pator,” has recently made its appearance in New. York. It is gratifying to see that the press of that city, indig nantly denounce both its authors and their object.” The General Assembly of Virginia have allowed Mr- Leigh, huheir appropriation law, $2,500, as a compensa tion for his services in South Carolina. Mr. Barry, it is said, is making arrangements to carry the mail between Washington and Eastport in Maine fl yer a line of 555 miles, in something less than three days. Value of Labor- —A Boston paper states that the va lue of the ic.p cut from a fresh pond, and shipped from that port the present season for Southern markets, is es timated at ,$150,000. The Alexandria Gazette states that the President,who had been quite unwell, is now recovering his health. The same paper mentions that handbills arc'in circula tion in various, parts of the country, nominating Col. R. M. Johnson for the Presidency. Hannah More. —We regret to learn that this excellent lady, was supposed to be on her death bed, at our last dates from England. Siie is in the 84tli year of her age. Col. H. A. S. Dearborn, of Massachusetts, lias been nominate 1 by the National Republicans for re-election to the next Congress, from the same district in Massachu setts which he represented in the last Congress. The New-York Standard states that it has put up a new double cylinder Napier press, which throws off 2500 sheds per hour. The New-York Journal of Commerce, of the 13th inst. contained two hundred and forty seven new advertise, ments, besides ships, auctions and steamboats. Drawing aj the. (jo/<1 Lottery to the ilGtn -March , inclusive. BURKE. Fortunate Brewers. CajAs. Dist. Bn. List. Sec. Wm. Taylor. Roe’s 562 3 3 Seaborn J. Van, Bush’s 4 1 Moses T. Proctor, Polhill’s <35 17 3 Robert E. Wimberly, 75th 856 3 2 John McGruder, 73 1 213 16 2 Frances Farrow, wid., 72d 408 19 2 Jeremiah W. Burke, Bell’s 42 3 2 Thom as Mulford, Paris’s 384 14 1 COLUMBIA. Bennington B. Blackston, Grubb’s 1113 2 3 Thomas Davis, Dozier’s 1181 2 4 Waters Dunn, Tankerslcy’s 1295 11 1 John Megahee, sen. Adam’s 763 11 1 Hanlv Powell’s orphs , do. 863 21 3 JEFFERSON. Caleb Baxter, Young’s 707 II I Wm. Cowart, Christie’s 8S 13 1 S Eason Lee, Hannah’s 1237 18 3 Benjamin Hudson, Gunn’s 439 3 3 RICHMOND. Millington Morgan, 124th 230 4 3 James Wall.-, 120th 323 o 1 Wm. Eve, 123 *2 J ? Hezekiah Bailey, 600th 104.) 2 1 Sarn. McCollough, 124th I?” ~ * Martin Frederick, 120th |rj! a 01 ~ MarvG. Bagiev, wid. 122 d 116821 3 Jonathan S. Beers, 398th oqo oi o James W. E. Reid, 120th ' * ~ Hannah Robinson, wid. 122 A rr c,c**«* 2 John Bryant, 121st WARREN. Roda Harris, wid. Newsom’s 854 21 3 Nathan Marsh, sen. do. ."If, d 2 Ezra Castleberr . Camp s l~o() 21 3 Aaron Johnson, Pates 44 21 3 PonUin \ I)own s b.)5 4 3 ShHrack F. Williams, Perryman’* 199 16 4 S,7e Holder, 3 3 Thomas Anslev, sen. Perryman’s 640 16 2 Tho- Wvnne, Johnson’s 1189 16 2 Larkin Wilcher, Down’s 674 3 4 Martha Ransom, wid. Lynn’s 1148 2 2 Tain Kent, Down’s 350 15 1 Millicent Wright, wid. Parham’s 2 12 1 Alpbcus Fuller, do. 91 3 3