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the CONSTITUTIONALIST. j
by GUIEU & THOMPSON. ■
rUBLISHKRS OF THE, LAWS OF THE UNITED STATICS.
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iFrom the Boston Courier. J
ETT’S OPINIONS ON SLAVERY.
Boston, 31st Oct. 1837.
Sir.—l have duly received your communication
of the 14th inst., in which you desire to be furnish
ed with my views on certain questions therein pro
pounded. Under o.her circumstances, 1 should
deem it proper to preface my answer with some
preliminary remarks, but my engagements at the
present time compel me to reply as concisely ns
possible.
In answer to the first question, I observe, that
elavery being, by universal admission, a social, po
litical and moral evil of the first magnitude, it is re
quired by justice, humanity and sound policy that
the slaves should be emancipated, by those having
constitutionally the power to effect that object, as i
goon as it can be done peacefully, and in a manner
to better the condition of the emancipated. I be
lieve the most considerate portion of the people of
the United States, in every quarter, unite in this
■entiment; and you are aware that the most emi
nent southern names can be cited in its support.
In reply to the second question, I would remark,
that all the considerations in favor of emancipation
in the States, apply with equal force to the District
of Columbia JVIy opinions on this subject are fully
expressed in the resolution adopted by the Legisla
ture, last winter, with a near approach to unanimity,
in the following terms ; “Resolved, That Congress
having exclusive legislation in the District of Co
lumbia, possess the right to abolish slavery in the
said District, and that its exercise should only be
restrained by regard to the public good.”
1 know that the slave-trade is carried on to a
shocking extent in the Districtof Columbia There
is no part of the South, where it is reputable to be
engaged in t'is traffic; and no Southern Stale, I
am persuaded, would permit its existence in its own
capital, as it exists at the national capital. The
South and the North ought to unite in prohibiting
it, by act of Congress, —which is the local legisla
ture of the District. This lias been loudly called
for, from the District itself. I have before me a co
py of a petition, couched in very strong language,
against both slavery and the slave-trade in the Dis
trictof Columbia, which was presented to Congress
in 1824, signed by nearly seven hundred and fifty
names of citizens of Washington, several of whom
were known to me to be of I lie first consideration.
I may observe, in this connection, that at the same
session, I voted in the negative on a motion to lay
upon the table the petition of the American Anti-
Slavely Society, and the abolition of slavery in the
Districtof Columbia, and on two other motions, in
tended in like manner, to deprive this class of pe
titions of a respectful reception and consideration.
The last question propounded by you, refers to
the annexation of Texas. It presents the subject
of slavcly, in most of its bearings, in a new T light.
In the Slates, its introduction was the result of a le
gislation forced upon the colonies, and, in ma
ny cases, tn despite of acts passed by their legisla
tors, for the prohibition of the slave trade, and nega
tived by the Crown. Its existence is recognized
by the Constitution of the United States. The
rights of property growing out of it are, in some de
gree, protected by law in the non-slaveholding
States, (see the opinion of Chief Justice'Shaw, in
the case of the Commonwealth vs. Aves, —an opin
ion, in the doctrines and principles of which I fully
concur) ; and morality and religion frown onallat
temptsto put an end toitby violenceand bloodshed.
But none of these principles countenance a volun
tary extension of slavery ; and as the question of
annexing Texas is one of voluntary and almost
boundless extension, it presents the subject, as I
have said, in anew light. It has been officially
stated by the Texan Envoy, that the region so cal
led contains two hundred thousand square miles.
In other words, it might form twenty-five states as
large as Massachusetts. In this vast region slavery
was prohibited by Mexico ;it has been restored
and is rapidly spreading itself under the new gov
ernment ;and no one denies that, if the independ
ence of Texas is sustained, slavery will be indefin
itely extended throughoutatsample borders.
The Executive Government of the United States
has promptly recognized this independence and in
so doing has discharged the w hole duly that could
be required by the laws of nations. Whatever
step we take towards annexation is gratuitous. —
This whole subject has been so ably discussed by
Dr. Channinsr, in his recent letter to Mr. Clay, that
it would be superfluous to enlarge upon it. I will
only say that if, at this moment, when an all im
portant experiment is in train, to abolish slavery
by peaceful and legal means in the British West-
Indies, the United States, instead of imitating their |
example or even awaiting the result, should rush
into a policy of giving an indefinite extension to
slavery over a vast region incorporated into iheir
Union, we should stand condemned before the civ
ilized world. It would be in vain to expect to gain
credit, for any further professions of a willingnessto
be rid of slavery, as soon as possible. No extenu
ation of its existence, on the grounds of its having
been forced upon the country in its colonial stale,
would any longer avail ns It would be thought
and thought justly, that lust of power and lust of
gold had made us deaf to the voice of humanity
aud justice. We should be self convicted of the en
ormous crime of having voluntarily given the great
est possible enlargement to an evil, which, in con
cert with the rest of mankind we had effected to de
plore, and that, at a lime, when the public senti
ment of the civilized world, more than at any form
er period, is aroused to its magnitude.
There are other objections to the measure drawn
from its hearing on our foreign relations ; but I
deem it unnecessary to discus.- them.
I am, Sir, respectfully,
Your obedient servant,
EDWARD EVERETT.
Hon. William Jackson.
[From the Boston Standard .l
MR. MORTON’S LETTER TO MR. EDDY.
Northampton, Sept. 23, 1837.
Dear Sir :—Your favor of the 18th instant, ad
dressed to me at Taunton, having been to Berk
shire, has just overtaken me in this place.
It will give me pleasure to make direct and ex
plicit answers to your questions. Although I feel
a reluctance to intrude my opinions upon the pub
lic and consider myself restrained by my official
situation from entering into the public discussion
of the exciting topics of the day, yet I have no de
sire to conceal my sentimcKts on any subject.
To say that I am utterly opposed to slavery in ev
ery form, civil, political or domestic, is saying very
little ; for how can any man under the influence of
any moral or religious principle, or of any correct
political notions, justify or excuse it ? Forone hu
man being to hold others, whom the Almighty lias
created his fellows, in bondage, is entirely repug
nant to that principle of equality which is founded
in religion as well as natural right, and has the high
sanction of the gospel as well as the authority of the
constitutions of our country ; and which knows no
distinction of race, or condition, or other relation of
life, but includes in its benevolent embrace the
whole human family.
I deem slavery to be thegreatest curse and the
most portentous evil which a righteous God ever
inflicted upon a nation ; and that every effort con
sistent with moral duty and the constitution and
laws of the Union, ought to be made to mitigate,
and, if possible, to extirpate it from our land.
That Congress has the control of the whole sub
ject within the district of Columbia, I can entertain
no doubt. I have seen two droves of human beings
manacled and chained together, driven like cattle by
a drover, under the walls of the capitul, in which
were assembled the representatives of a people
proud and boastful of their liberty. Can such
things be suffered to continue wiihout bringing
down upon our nation the vengeance of an offend
ed Deity? Whatever wisdom and justice may do
to remove such a reproach should be done.
The right of petition and the freedom of discus
sion by speech or the press, are among the most sa
cred and valuable political rights. Petition is the
humblest form in winch a rational being may assert
or maintain his rights. And there can be no human
l °wand degraded that he may not ap
£lwfed tl l?.i Ru e r° f the Universe > much more the i
selected rulers of a free people, by prayer or pe- ,
There can be no subject, sacred or profane i
which an American citizen has not a perfectrijffu ]
to discuss, openly and fearlessly, though decorous
ly. It is a natural right, confirmed and guarantied
by our constitution. And without an infringement
of that instrument, no man can intercept or restrain
its free exercise, either by legislative enactments
or physical force.
The territory of the United Stales is already so
extensive as to make many fear for the stability of
our government and our Union, I tannot think it
would be wite or safe further to enlarge it.
In relation to the admission of new States with the
power to hold slaves, I need do no more than to
refer you to my recorded votes against the admis
sion of Missouri with this power. That opposition
which required some firmness to persevere in,
would doubtless have proved successful but for the
extraordinary influence and extraordinary efforts of
one man, [Henry Clay,] who war, supposed by
some to have resorted to extraordinary means to
accomplish his purpose.
In the midst of constantly pressing official duty,
I have been able to snatch a tew moments to give
you a sketch (I fear it is an imperfect as well as a
hasty one) of ray opinions on the interesting and
important subjects mentioned by you. I care not
by whom, or bow far, they are known.
I remain your faithful friend. Arc.
MARCUS MORTON.
Morton Eddy, Esq. Bridgewater.
[From the N. 1. Spirit of the Times.]
TRENTON FALL RACES.
We had every reason to expect a full report of
these races for our paper today, and very much to
our personal inconvenience, we kept the paper
open to receive it. But our correspondent has dis
appointed us, to our niter discomfiture and shame,
and we are compelled to lay before our readers the
meagre skeleton subjoined. The time of all the
races, it will be observed, was indifferent —the se
vere rain and snow of Tuesday made the course
heavy, and we have had no weather since to im
prove it. Ladp Cbffden's defeat in the four mile
race will snpprise no one who has witnessed her
severe struggles at Camden, at the Union Course,
and at the Beacon, within the past three weeks.
C'ur next paper will contain a full and graphic report
of the whole meeting—the last in the fall campaign
at the North.
On Wednesday, the 15th inst., Two mile heals,
Bergen heat 3lr. Laird’s Patience in two heats.
Time, 405—407.
On Thursday, the 15th, Three mile heats, Hear;/
Moore beat Carnsidell and Middlesex, in two heats.
Time, 6:14—6 17.
Same day, Betsy Andrew won the Mile race, in
two heats, beating four others. Time, 1:56—1:59.
On Friday, the 17th, for the Citizens’ purse of
SBOO, Four mile heats, Alalanta beat Lady Cliflfden
and Champagne,in two heats. Time, 8:22 each heat.
[From the Netc York Evening Post.]
AVe know one or two well meaning wings
who actually fancy that their own party is tiie
liberal party; that they arc your only free-trade
men; your true anti-monopolists; your genuine
enemies of exclusive privileges.
This is a pleasant dream doubtless, but we
arc compelled to disturb it. Let (hose who cn
tertaiu such fancies look on cither side of them;
let them see what the whigs are doing in New
Jersey; let them see what the whigs arc doing
in Rhode Island. The legislatures of both these
States are ruled by the whig party with as su
preme a dominion as the party of the Arch Apps.
tato rules in the realms of fire. How are these
whig legislatures occupying themselves? Ex
actly as if they were bank conventions; exactly
as if instead of each town or district sending
its representatives, each bank had delegated
one of its directors. They arc busy in granting
indulgences to the banks, laboring to keep up
the delusion of the credit system, patching the
broken bubble, struggling to extend and prolong
the reign of an irredeemable paper currency.
The Assembly of the Stale of New Jersey
have jnst passed, bt 7 a vote of thiity-two to
seventeen, a bill legitimating the fraud of the
banks in refusing to pay their notes, and exemp
ting them from a forfeiture of their charters in
consequence of this refusal. This indulgence is
to last till the next meeting of the legislature,
and until the New York and Philadelphia banks
resume payment.
The whig legislature of Rhode Island have
gone still further. Wo give an account of
their doings in the words of the Providence
Herald.
“The Legislature of Rhode Island lias author
ized the blanks to increase their loans and dis
counts, to a very considerable amount beyond
what the former law allowed. In other words,
they are allowed to make still further pledges
of their credit. Heretofore they have loaned
some two millions more than their capital, there
by receiving interest on that amount, which
consisted in paper securities only. But now
they may increase that amount to a considerable
i extent, and swell their profits some one or two
per cent, on their entire capital.
“Not only so, but the Legislature has given
the most liberal encouragement to continue the
suspension of specie payments till June next, by
shielding them against suits at law till that
time. There will now be another fine winter
harvest for speculators. For, unless the banks
elsewhere shall resume specie payments, and
thus compel the Rhode Island banks to follow
suit, they will doubtless avail themselves of the
privilege given them.
“Farewell, then, to all hopes of reasonable
prices. The arrival of winter will bring with
it, flour at twelve or fourteen dollars'por barrel,
and coal at thirteen dollars per ton. If. is thus
bank folks legislate for the people. They go on
the maxim, ‘Take care of the rich, and let the
rich take care of the poor.’ How long will the
people submit, to such oppression?”
This is in fact the reign of (lie banks; their
year of jubilee; from them our legislatures meet;
for them our whig statesmen toil in their closets
and declaim in legislative halls; for their bene
fit, for their protection, for their profit, statute
after statute is passed; and for them the viola
tion of promises is consecrated into a virtue.—
Wc shall see whether a whig Ho use of Assem
bly in tlie State of New York, owing its elec
tion to the votes of the friends of the banks,
will follow the steps of the whig legislature of
Rhode Island.
Death. The following sublime effusion,
which' we do not remember to have read before,
and with the authorship of which we are entire
ly unacquainted, chanced to fall into our hands
a day or two since, among other relies of a de
ceased friend. A fine imagination is blended
with a fervent piety in reflections like these:
“Heavens what a moment must be that when
the last flutter expires on our lipk! What a
change! Tell me ye who arc deepest read in
na'urc and in God, to what new worlds are wc
born? What new being do wc receive? Whither
has that spark, that, unseen, that uncomprchcn
ded intelligence fled? Look upon the cold livid,
ghastly corpse that lies before you! That was
but a shell, a gross, and earthly covering, which
held for a while the immortal essence that has
now left it; left it to range, perhaps through il
limitable space; to receive new capacities of de
light; new powers of conception; new glories of
beatitude! Ten thousand fancies rush upon the
mind as it contemplates the awful moment be
tween life and death! It is a moment big with
imagination’s greatest hopes and fears; it is the
consummation that clears up all mystery —dis-
solves, all doubts—which removes all contradic
tion, and- destroys error. Great God! what a
flood of rapture may at once burst unon the de
parted soul. The unclouded brightness of the
celestial region—the pure existence of ctbcrial
being—the solemn secrets of nature may then
be divulged; the immediate unity of the past,
the present and the future; strains of unimagi
nable harmony, forms of imperishable beauty,
may then suddenly disclose themselves, bursting
upon the delighted senses and bathing them in
immeasurable bliss! The mind is lost in this
excc;-* of wondcrous light, and dares not turn
from the heavenly vision to one so gloomy, and
tremendous as the department of the wicked!
Hu man fancy shrinks back appalled!”
AUGUSTA* GA. *
SATUKUAV MORSISG, NOVEMBER 25, 1837.
Those fund of good music would do well to attend
’ the Concert of Mr. Travers, this afternoon, at 3 o’- 1
clock, at the 3lason:c Hall.
i
PICKPOCKETS. j i
We would put our citizens on their guard, for sun
dry of these light fingered gentry have honored our
city with a visit, and have commenced operations.
, A gentleman had his pocket book taken from him at
the auction store of the Messrs Jackson on Wednes
day evening last, and on Thursday evening anoth
, cr gentlemen was robbed in the auction room of
Mr. J. S. Hutchinson. In both places, the moment
i the robbery was made known, the doors were clo
-1 sed, and a general search of all present made, but
[ i without detecting the rascals, and we are instruc
t ted to say by the above gentlemen that tney will
give one hundred dollars for their detection. We
have seen within the last day or two one or two sus
picions looking fellows loitering about our city and
we have no doubt but that the same gang that has
made Charleston the_theatre of their exploits for
f the past month or two, are now among us, and the
i only way to detect them is for every one in a crowd
r to guard well bis own pockets, and have an eye on j
" those of his neighbors, if any suspicions looking
’ characters are about. Our police should also be j
; on the alert, and by frequenting crowds and the 1
- theatre, will stand a good chance to bring some of
3 these gentry up to tire bull ring.
r SIGNS OF THE TIMES—WHIGISM.
, Tickle me and I'll tickle you Dan.
' At a great meeting of Whigs held at Faneuil
j Hail in Boston, recently, the Hon. Daniel Webster
was called to the Chair; on taking his seat he was
, greeted with nine cheers; after which he made a
few r remarks on the signs of the times. He conclu
y ded by calling on the Hon. John Bell of Tennes
see, who rose amidst immense cheering, and began
by remarking how utterly unable he was, &o—be
1 could not rid himself of the feeling of awe, &c. &c.
j. He then went into the consideration of the lending
[j questions of the day—touched upon “the new hum
t. bug of the divorce of Bank and State”—upon the
outrageous specie exactions of the administration—
and closed his remarks by saying lie came from a
s people who, though distant, were identified with
C Massachusetts in principle and love for Coast! tu
° tional freedom —a people who would unite with
Massachusetts in resisting to the utmost the ruin
ous measures and absurd policy of the administra
j. lion.
After he concluded Mr. Webster rose and said,
v that although the meeting was rather a political
g than a convivial one, he would ask permission to
e propose a sentiment, and offered
>• “Mr. John Bel! and the wings of Tennessee, and
i- three times three.”
c Mr. Webster then introduced Mr. Graves, of
* Kentucky, who rose, and prefacing his remarks
Y with a tribute to the hospitality and warm hearted
g ness of the people of Boston, proceeded to remark
upon the abuses of the present and late adrninistra
p tion. He spoke quite at length. lie concluded
u with a stirring appeal to the people of Massachu
rr setts to maintain their glorious stand against the ad
ministration, and tp proclaim their judgment by an
y increased vote.
0 Mr. Underwood, of Kentucky followed his col
c league in a few impressive and eloquent remarks.
! - In speaking of the abuses of the administration, he
n remarked that it would be necessary to go to bat
s tie under one leader; and it was far from impossi
’ ble that the leader would be chosen from Massa-
S chusetts. This allusion to Mr. Webster was en
thusiastically applauded.
,r After the Kentucky representatives bad finished,
c 3lr. Webster remarked that with the name of Ken
tucky was associated the name of a very distin
•. guished friend and advocate of constitutional free
dom, and of one who was then present in that Hall,
d and whom the people of Boston, and of the whole
! > Commonwealth had delighted to honor. With
s what joy (said Mr. W.) will the glorious intelli
gence of the regeneration of New York be received
‘ in the name of Henry Clay. He would propose
another sentiment:
The Whig Senators of Kentucky—Henry Clay
and John J. Crittenden—the Whig representatives
of Kentucky—and the great Whig party of Ken
-1 tueky,
c Received with nine cheers.
y Mr. Underwood was followed by Messrs. Ogdon
I Hofl'man and Curtis of New York, —the former gen
r tlemm, alluding to bis exhausted condition, remark
s cd “that ho was like a worn out and disabled sol-
dier from the field of victory. His voice sounded
1 unfamiliar to his ears, but he must be permitted to
use it, to tell the people of Boston the noble deeds
c just done by their brethren of New York. For the
I, last four days, his substance had been wasted in
, the tented field, and he could speak of nothing but
a feats of broil and of battles won. He was almost
i in the state of the Athenian soldier who carried t life
e news of the battle of Marathon to the city of Alh
s ens, and expired immediately after promulgating it.
Should he expire after saying a word, he could al
r most consider his death happy since his last breath
’ would be expended in giving publicity to the glori
s ous deeds of regenerated freemen.”
‘ After Mr. Curtis had finished speaking 3lr. Web
ster rose and gave as a closing sentiment,
“Ourcause which we believe to be the cause of
the country—and if our arm can make it successful,
success shall attend it.”
VVe shall endeavorto keep our rea lers well ad
’ vised of the proceedings of the vvliigs of the North
1 for we see that the opponents of the administration,
not only in this State, but in the whole south are
, rejoicing at their success. cause
> of which 31 r. 3Vebster speaks, and which he, with
- his brother whigs advocates and believes to be the
5 cause of the country? Why, a high protective Tar
j iff—a National Bank—a paper currency—and the
abolition of slavery. We will not mince matters
x the people of the South must awaken from their
t slumbers, —every day is opening to our view the
, growingpopularityintheNorthofihe.se doctrines;
, and can the people of the South support the above
* cause—are they fora protective Tariff? Are they
in favor of a National Bank? Are they in favor of
, a paper currency? Are they for the abolition of
* slavery? If they are not in favor of either one of
the above measures, how can they support men , or
’ rejoice at the success of those who are 7 Daniel
Webster, and the whig party of Massachusetts and '
- the North are in favor of the above measures if
not why do they support men who come out open
ly in favor of them? In another column will he
found the letters of Gov. Everett the successful
candidate for Governor of Massachusetts, and his
opponent —it will be seen that they both come out
decidedly in favor of the abolition of slavery—and '
think there can be no doubt of the right of Con- '
gress to abolish slavery in the district ofColunibial 1
These are the men supported by Webster, Clay, 1
Bell, Underwood, and the whigs of the North—and '
these are the men whose success is hailed as a
glorious triumph by certain prints and politicians of f
the South!
We hope both letters will be read by every 1
one into whose hands this paper may fall—and aficr '
an attentive perusal, if they can find cause for re- 1
joiciug at the success of the whigs of the North, J
they can do more than we, for to our mind we can
but sec in every triumph, a link taken out of the 1
chain which is hereafter to bind us in bondage. As
seen as we can find time and space v:e will follow
sip this subject.
NEW YORK BANKS.
As compared (says the Journal of Commerce,)
with the month of October, there has been a de
crease of loans and discounts in the 2I Banks in
this city, of 31,616,015 ; a decrease of 3714,049 in
the circulation, and an increase of $134,357 in the
amount of specie.
In the whole number of Banks (95) included in
the statement, the decrease of loans and discounts
is $1,964,821 ; increase of circulation, $32,037 ; do.
of specie. $195,409; decrease of individual deposites.
$507,818 ; do. of indebtedness to the U. S. Treasu
ry, $210,773.
Messrs. Arnold $ Deni, of London, have obtain
ed for the excellence of the principle and perform
ance of their Chronometer, a reward of 3,000/. be
ing the first premium awarded by the lords of the
Admiralty. The instrument varied only 51-100ths
of a second in one year.
[FROM OUR CORRESPONDENT.]
MILLEDGEVILLE, NOV. 21. 1837.
Yesterday, in the Senate, the following important
bill was introduced by 3lr. Burns. It provides for
the call of a Convention to reduce the number of
I members of the General Assembly, which is an
object of imperious necessity, if wo are desirous
that wisdom should preside at the deliberations of
I the legislative branch of the government, and if we
wish to avoid an extravagant expenditure of the
public money. A reduction is imperiously called
for at this time, and before the meeting of the leg
islature of 1333. The reason is obvious. Next
year the state census will be taken, and according
to this census the legislature of 1833 will have to
make an apportionment agreeably to the provisions
of the constitution. There can he no doubt, that if
the constitution be not altered, the number of the
members of the house of representatives will he
largely increased. The number at present is 178;
it will probably be more than 200. So that if the
constitution be not changed, both branches of the
legislature of 1839, will be composed of near 300
members. And can we expect wisdom in the leg
islation of Georgia, and despatch of business, with a
house of representatives consisting of2oo members,
and a senate composed of 90 members, if no new
counties are organized ?
The bill requires the convention.to take info con
sideration, the amendment of the constitution which
authorizes the organization of a court for the cor
rection of errors. I have no objection to give to
the convention the power to express an opinion
upon that important subject. There has arisen in
the state such an opposition to the organization of
such a court, and it is so doubtful whether a major
ity of the legislature ran be obtained to sanction
the organization, that it is the wisest course to re
quire once more the people, through their delegates
in convention, to express their sovereign will with
regard to so important a change of the judicial sys
tem of the state. The people will have it in their
power to instruct their delegates; and I am sure
that the convention will be the echo of a majority
of the people of Georgia, should it determine for or
against the establishment of the court contemplated
by the constitution as lately amended by the legis
lature.
A BILL to be entitled an Act to provide for the call
of a Convention, to reduce the number of the Ge
neral Asscmbly.of the State of Georgia, and to
alter the Constitution of this State, so far as the
same requires the organization of a Supreme
Court, and for other purposes therein named.
Be it enacted by the Senate and House of Rep
resentatives of the State of Georgia, in General
Assembly met, and it is hereby enacted by the au
thority of the same, That the first .Monday in A- !
pril, 1833, be, and the same is hereby designated '
and set apart as the day on which the citizens of .
Georgia, qualified to vote for members of the legis- I
lature, shall, at the several places prescribed by
law for holding suchyslections, vote for delegates
to represent them in convention, in number .equal
to their representation in both branches of the Gen
eral Assembly, such elections to be conducted,
managed and certified, under the sane laws as are
of force in respect to elections of members of the
General Assembly.
Sec. 2. And bo it further enacted, That it shall
be the duty of such managers, to transmit to his
Excellency the Governor, the result of said election
under the laws now of force, for conducting, mana
ging, and certifying elections of members of the
General Assembly, as aforesaid, within thirty days
after such election : whereupon it is made the duty
of his Excellency the Goternor, to issue his pro
clamation, declaring the result of said election, by
naming the individuals severally elected to repre
sent the good people of Georgia in convention, as
contemplated by this act.
Sec. 3. And be it further enacted, That every
citizen of the United States shall be eligible to a j
seat in said convention, who has attained to the age
of twenty-five years, and been an inhabitant of this
State seven years immediately preceding the day
of his election, and who shall have resided one
year in the county for which he shall be elected.
Sec. 4. And be it further enacted, That each
member returned as duly elected, shall, previous
to taking his seat in said convention, take the fol
lowing oath, or affirmation, viz ; “I, A B, do so
lemnly swear, that I will not attempt to add to, or
take from, the constitution, or attempt to change or I
alter any other section, clause, or article of the Con
stitution of the State of Georgia, other than those
touching the representation in the General Assem
bly thereof, and those touching the court for the
correction of errors, and that I have been a citizen
of this State for the last seven years ; so help me
God.” Anil any person elected to a seat in said
convention, who shall refuse to take the oath afore
said, shall not be allowed to take his seat in said •
convention.
Sec. 5. And be it further enacted, That the mem- j
hers of said convention shall assemble on the first
3londay in 3lay after their election, at 3lilledge- <
ville, in the representative chamber of the State •
house, for the purpose of entering upon, and con
summating the great objects of their convention, |
viz: a reduction and equalization of the General
Assembly; they shall have power to prescribe
their own rules and form of business, and to deter. |
mine on the qualifications of their own members; I
elect necessary officers, and make all orders which 1
they deem conducive to the furtherance of the ob
ject for which such convention shall assemble.
Sec. 6. And be it further enacted, That it shall
be the duty of his Excellency the Governor, to
give publicity to the alterations and amendments
made in the constitution, in reference to the reduc
tion of the number of members composing the Gen
eral Assembly, and the court for the correction of
errors, and the first Monday in October next, after
the rising of said convention, he shall fix on for the
ratification, by the people, of such amendments, al
terations, or new articles as they may make for the
objects of reduction and equalization of the General
Assembly, and such alterations as said Convention
shall make to the late amendment made to the con
stitution, which requires a court for the correction
of errors only ; and if ratified by a majority of the
voters who vote on the question of “ Ratification ”
or “No Ratification,” then and in that event, the
alterations so by them made anti ratified, shall be
binding on the people of this State, and not other
wise.
Sec. 7. And be it further enacted, That so soon
as this act shall have become a law, his Excellency
the Governor be, and ho is hereby required, to cause
it to be published in the gazettes oi this State, once
a week until the day fixed on by this act for the
election of delegates to said convention, and that all
laws and parts of laws militating against this act, be
and the same are hereby repealed.
NOVEMBER 22.
The following is the message of Gov. Gilmer,
containing his reasons, for refusing his approbation
to the resolutions respecting the volunteers on their
way to Florida, under Gen. Nelson.
EXECUTIVE DEPARTMENT. GA. >
Nov. 21, 1337. S
I return to the House of Representatives, the re
solutions which originated in that body, passed both
houses, and were presented to me on this day, upon i
the subject of an appropriation of money for the
use of the large body of mounted men stated to
be now on their march to Florida, with my reasons
for disapproving them.
From the documents, already laid before the
House, it is evident that the men for whose benefit
the appropriation in the resolutions is intended to he i
made, have been raised without the authority of
this state, or the United States; that the requisition
which had been made upon Georgia for volunteers
to serve in the Florida campaign, had been previ
ously withdrawn ; and that- General Nelso: , by
whom they have been raised, had no orders, and j
held no commission from either Government, justi- ;
Tying such a measure. 1 cannot therefore perceive I
how the public money can with propriety be appli- 1
■ ed to their use. 'J hey can only be considered as so j
many individuals directing themselves according to ,
their own wishes, to whatever course or purpose j
they may please; that although they allege that ;
they are on their way to Florida, they are under no
legal obligation to serve against the Seminoles : and
that if they should receive the money and use it, I
they would still he at liberty to go to Florida or not. :
1 If they should go to Florida, the probability is that I
i they will not he received into the public service, j
The Secretary of war and Gen. Jcsup, who have j
' been directing the operations for carrying on the j
campaign in Florida, and know best the materials |
: which they want, and what force can ho maintained, i
show, by their letters, that it will he difficuh-to sup- ,
j port men there, and that even when they required
j twelve hundred volunteers from this state, few, if
I any,mounted were desired by them. The nitex
! pected accession of this large force under Gen. Nel
son, consisting probably of fourteen or fifteen bun
dled horses, must necessarily embarrass instead if
advancing the objects of the campaign. The ex
pense of tlie Seminole war has been so great for
what lias been effected, that the officers directing
it must be very unwilling to incur the additional
cost which the acceptance of this force must incur,
especially as it is not the kind wanted for the ser
vice. It they should not he received, they must
sustain losses,and undergo suffering in rnakingiheir 1
way home, through a country already scarce of pro
visions. and which must necessarily lie rendered
greatly more so by their march to Florida, which it
would be difficult to depict. I do not therefore think
the legislature ought to do any tiling to aid them in
continuing their march.
T he part o| the country through w hich these men
must, pass, whether accepted into service or not, !
must have its quiet and rights of property constantly ■
disturbed by their necessities. The very nssem- I
himg together of so many men without discipline, |
and marching through the country without author!- j
ty of law, tile orders of the state or general govern- 1
ment, or being under the command of officers ha- *
vingthe right to control them, is an evil of great !
magnitude, and ought to he repressed if possible in
stead of being encouraged.
These men have been drawn exclusively from
the ehcrokoe counties, and those adjoining. It is
matter worthy of great consideration, whether the
government, bound as it is to look to the defence and
protection oi its own people, should encourage them
to leave their homes for other service, surrounded
as they are by the Cherokee Indians, now about to
be removed by the force of law from their country.
For the purpose of shewing the necessity which
exists fir retaining in the Cherokee and adjoining
counties, ali the men capable of bearing arms, I
submit to the House of Representatives, copies of
communications from Gov. Schley to the President
of the United States, Gov. Lumpkin, Col. Nelson,
and other persons, upon the subject. From their
( communications it appears that Gov. Schley consi
• dered the danger to the Cherokee counties to be so
I great and immediate, as to justify him in assuming j
i an authority not given by the laws, in organising a /
i large military force for its defence, notwithstanding
| that the United States had at the time eleven com
i parties stationed in it; that by a military order issu
ed the 3d of August from Athens, addressed to Col.
| Nelson, he directed him to raise and organize a re
j giment of ten mounted companies to be stationed
! in the different counties of the Cherokee circuit:
) 'I hat Col. Nelson did, in pursuance of the authority
i thus given, organize and report a regiment as ready
for duly early in September, and advised Gov.
Schley that the time had already arrived when
they should take the field to protect the people from
the Indians: That Gov. Schley and Gov. Lump
kin (the commissioner of the U. States then resi
ding at New Ecliota, and having the best means of
correct information,) concurred in the opinion that
the raising and organizing of the regiment under
Col. Nelson, was producing the happiest effect in
removing the Indians from the country: and that
Gov. Schley during the month of September, ex
pressed his determination to arm the regiment and
cail it into active service.
If there was any justification whatever for the
raising this regiment by Gov. Schley and Col. Nel
son, at the time they did, or any reliance is to be
placed upon the opinions of Gov. Schley, Col. Nel
son, and the United States Commissioner, as to the
danger to be apprehended by our citizens from the
Cherokee Indians,and the happy effect which this
force had, in inducing the Indians to emigrate, I sub
rail to the legislature, whether it is proper, now,
when the time for the removal of the Indians comes
nearer, to withdraw from the cherokee and adjoin
ing counties, the large force now marching to Flori
da. Admitting that the employment of Col. Nel- 1
son to raise a regiment and the stationing of our ;
company in each of the Cherokee counties had |
another purpose than the defence of the people,
still fears must have been created among them by !
these warlike preparations. Indeed there is no i
doubt that it is highly necessary that every one ca- t
j pable of bearing arms in the Cherokee counties .
j should, if possible, be at home, to keep down any
disposition which the Indians may have to do mis
j chief. 1
j Strong as I consider these objections to the adop- 1
tion of the resolutions, they would probably have I
been overcome by my disposition to acquiesce in
the will of the legislature; but for others of a high- •
or and more imperative character. If the appropri- 1
atiou be made for the benefit of the men described 1
in the resolution, it cannot be for any services t
j which they have rendered to the State, or in con- ,
sideration of any services which they are bound by
i law or contract to render hereafter. By the con- *
stitution, the general assembly cannot, by resolu ’
lion, grant any donation or gratuity in favor of any i
1 person whatever, but by the concurrence of two- .
thirds. If the money attempted to be appropriated ‘
by the resolutions is not lor services already ren- 1
j dered to the State, nor hereafter to be rendered, I 1
do not perceive clearly how the appropriation can lie 1
considered any thing else than a gratuity. This I
eoncntsioii uas probably been intended to be avoid- i
ed by the second resolution, which orders that the
I money expended in pursuance of the appropriation,
in the first resolution, shall be charged to the fed- J
era! government, and that the Governor shall take i
the means to have the Stadfe reimbursed. I can
not perceive by what rule o*T right or law, the State ’
can expend money for its own citizens, and charge 5
the United States with if, when the services have 1
neither been rendered to, nor required by, the Uni- i
ten States. 1 should feel at a great loss t» know t
what means could properly he taken to reimburse •
the State ior sucli an expenditure. 1
The resolution appears to recognize the authori- 1
ty ot ben. Nelson to command the men ns Briaa- 1
dier General. 'I lie States reserved the ri'Tit in the 1
Constitution of the United Stales, to appoint the 1
officers of the militia which may be called into the t
service of the United States. The law of Congress
authorizing the President to raise volunteers for the '
Honda service, directs that the officers sha'l he 3
appointed according to the laws of the State to i
which they may belong. The Constitution of this I
Slate directs that all general officers of the militia t
shall be elected by the General Assembly. If, "
therefore, these men had even been raised under 11
the authority of the President of the United States, e
still they must be commanded by a Brigadier Gen- E
eral chosen by the legislature, and called into ser- ,■
vice through the orders of the Governor of the
State. n
lam not satisfied that the legislature lias the con- A
fctitutional power, to appropriate by the e resolu- b
lions thirty thousand dollars for the purposes staled
in them, by directing that the money be paid out of
the contingent fund by the Governor. The consti
tution provides that no money shall be drawn out
of the treasury or from the public funds of the State,
except by appropriation made by law. The object
of ibis provision is to secure the people from incon
siderate and improper disposit onsofthe public mo
ney. by subjecting each appropriation made by the
legislature, to the investigation produced by read
ing the bill containing’it, three times on three sepa
rate days, in each house, as must be done before a
law can be passed. A contingent fund is created
during each session of the legislature for the exe
cutive department because the legislature cannot
ioresee, and therefore cannot provide specifically,
for ail the objects requiring an advancement of mo
ney by the Governor from one session of the legis
lature to the succeeding. If these men now march
i ing to Florida, had passed by the seat of govern
j ment, whilst the legislature was not in session, the
Governor could not have advanced to them thirty
thousand dollars, to defray their expenses, out of
the contingent fund, because they were nor in the
service of the State, and the legislature could not
have intended to provide for such a contingency.—
'File last contingent, fund was appropriated for the
political year 1837, which according to the practice
[ of making tip accounts at the treasury office, expired
the last day of October; so tiiat the unexpended
balance of that fund has become a part of the un
appropriated fund of the State, to be appropriated
by law as other public money, except for such ex
j penditnres as were made during the political year
! 1837, and properly chargeable upon that fund.
For these reasons it appears to me inconsistent
with the spirit of the constitution, for the legislature,
I at its present session, to appropriate thirty thousand
dollars by resolution, by charging it upon the con
| tingent fund of the last political yea'-, and to provide
for an object which presented itself to the legisla
ture during tlie present session, is understood, and
S therefore not contingent. For these several rea
: sons, I cannot approve of the resolutions.
GEORGE R. GILMER.
FOUR o'clock, r. M.
j Both branches of the General assembly, met, by
; resolution, at 3 o’clock this afternoon, and procee"
ded to the election of a senator in Congress, in
! place of Mr. John P. King, resigned: Wilson Lump
kin, of Clark, was elected. The ballot stood :
M ilson Lumpkin, 135 votes; J. Macpherson Berri
en 9G; U. M. Stewart 4 ; and Blank 10.
NOVEMBER 23.
In the senate, this morning, Mr. McAllister intro
duced the following resolution :
“ Be it resolved by the Senate and House of Re
presentaiives of tlie State of Georgia, in General
Assembly met, thnthis Excellency the Governor
be requested to despatch forthwith, a special agent,
to negotiate on behalf of this state, with the legis
lature of the State of Tennessee, now in session,
for the purpose of obtaining an act from them au
thorizing the extension of our state road from the
Georgia line, through the territory of Tennessee, to
the Tennessee River.”
The resolution was unanimously adopted, after
j an explanation by Mr. McAllister, which went to
! show, that it was most prudent to obtain an act from
i the legislature of Tennessee, authorizing the State
j of Georgia to continue the construction of the Wes
tern and Atlantic Rail Road from the Georgia line
to the Tennessee River, before further progress was
made. By the grant of such authority, no impedi
ment can hereafter arise to arrest tiie construction
and completion of the road from the Chattahoo
chee to the Tennessee River, and no delay can oc.
cur by the difficulties which frequently happen in
obtaining the right of way. As our work is pro
gressing, it is most essential to its completion, that
the legislature of Tennessee should, at the present
session, grant the power in question, because tho
sessions of that body are biennial.
In the senate, also this morning, the bill to autho
rize limited partnership was taken up, m committee
of the whole. .Some amendments were made to
the bill. The bill as amende! was reported to the
Senate, and, lam glad in w riting it, passed, by 42
votes against 35.
55”l\c arc indebted to tti attentive correspon
dent at St. Augustine, for the following interesting
lelter, giving (ho reception of Col. Sherburne and
the Cherokee deputation, by Coaltajo, Oseola, and
other Indian chiefs. We hope Col. Sherburne, with
the Cherokee delegation, will be successful in their
philanthropic efforts to terminate this war without
further blood shed.
ST. AUGUSTINE, E. F. Nov. 15, 1837.
The Deputation of Cherokecs, accompanied by-
Co!. Sherburne, arrived at the Head-Quarters of
General Jesup, (l icolata) on Thursday evening
last, and w ere invited to breakfast with the Gene
ral the next morning. Soon after breakfast, Col.
S. was invited by the General toa private audience,
which continued till dinner was announced, imme
diately after which, horses were ordered, and the
deputation with Col. S. and an aid-dc-eamp, arrived
here late on Friday night. Next morning the Com
mander of the Fort, Captain Brown, the General’s
aid, and all the officers now here called at the Ho
tel and invited Col S. and the Cherokee deputation
to visit Coahajo, Oseola, King Philip, and other
Seminole Chiefs and warriors now confined in rhe
Fort. Soon after, the whole procession, with the Chr
rokees in full costume, arrived and wereformally in
troduced, by all shaking hands, &c. Benches were
then brought into the great square of the Fort, and
the Seminole Chiefs took their seats; the Cherokees
set facing them, with Col. Sherburne on theirrio-ht,
and next to him sat ( apt. Brown, the General’s
aid and ail the officers standing by, surrounded by
about one hundred warriors, all dressed in full cos
tume. Col. S. was informed all were waiting, when
he made a motion to the Cherokee speaker, who
commenced a talk through Pompey, the black in
terpreter, mostly staling the object oi their visit to
Florida, and with a hope that peace through their
influence might be made; that they had come over
big waters, and long trails to see their red brethren,
and brought pipes and tobacco to smoke in peace,
&c. Coahajo answered, they were all rejoiced to
take their red brethren by the hand, and smoke with
them the pipe of peace, and hoped peace would be
restored; and they were willing now to go to their
new homes, and wished his warriors could hear
them speak, for then they would come in and bury
the hatchet, &c. This took over an hour but there
was much more said which could not be distinctly
heard; it ended in smoking the pipe. Col Sher
burne then addressed them he said, and had come
from the great city where their Great Father and
Brother lived; that ho came to speak to them the
words of peace and good will, and how very desi
rous their Great Father and Brother was to stop
shedding the red man’s blood, and to see them re
move to their new hunting grounds West; that he
w-as the friend of the red man, and had come xvith
his Cherokee brothers with w hom he had beenliv
ing, to smoke the pipe of peace, and if they wished,
with the other Chiefs who were yet out, to visit
their Great Father, he would take them with him.
thatlhe Foxes.Siou* and other tribes had all been to
Washington,made peace and were now gone to their
happy homes in the 5V est, drc. They replied they
were happy to see him, and if he would give their
young warriors such a talk, they would all come
in, for they were very foolish, and wished he and *
his Cherokee brothers would go and see them. Col.
S. askedlit there would not he danger in going I
now-. Coahajo did not reply to it, but seemed to I
evade the question by asking another. Capt. I
Browninsisted on a reply, when King Philip’s son 1
AV ild Cat) spoke out most vehemently and with
many gestures, said there woujd be danger now j
for the warriors believe that all now present had
been killed, but if they could see that we were al