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TW JENT Y.FIFTH CONGRESS,
SECOND SESSION.
UNITED STATES SENATE, Junto.
Mr White submitted the following
REPORT:
The Committee on Indian Affairs; to whom were i
referred the message of the President or the !
United States, dated Slstof May last, with the |
documents which accompanied it, and the re- I
port of the Secretary of War of the 24th of
tha same month, on the subject of an appro,
priahon for the benefit of the Cherokee In
dians, have had tiie same under consideration,
and respectfully submit the following report:
Bv the treaty between the United Stales and
those Indians, dated in December, 1835, they
stipulated to remove front the country now occu
pied by them, within the Slates of North Caro
lina, Georgia, Tennessee, and Alabama, and to
settle in the country given them in exchange,
situated west of the Mississippi, within two years
‘after the ratification of said treaty. It was rati
fied on the 23J day of May, 183 G; those two
years, therefore, elapsed on the 23J day of May
last.
Each of the Slates above named have acted
or. the supposition that the terms ot this treaty
would be complied with. Georgia has already
granted to individual citizens the lands occupied
within her limits by those Indians; the Legisla
tures, both of North Carolina and Tennessee,
have passed laws for the sale of such portions as
lie within their respective limits. The opera
tions of the laws of any of these States can only
be suspended by the Legislature threof. In some
of them, ’.he ordinary time for the meeting of the
Legislature, is the next autumn or winter, and
in Tennessee, not until the first Monday in Oc
tober, 1839. Although! the respective Governors
have the power to convene the Legislatures on
extraordinary occasions, yet such calls being al
ways attended with considerable expense to the
States,.and much personal inconvenience to the
members, it is not very probable that all, if any,
of the Governors of those Slates would he wil
ling to exercise this branch of their constitutional
power, merely for the purpose of enlarging the
time for the contemplated removal; and if they
did, considerable lime must elapse before any
satisfactory modification of their laws could be
made, should the Legislatures be disposed to
modify t hem, winch is, to say the least of it, very
doubtful.
Under all these circumstances, the committee
believe it would be very impolitic in the Federal
Government to encourage an expectation on the
part of the Indians that any extension of time
for their removal can or will be agreed toby any
of the States. On the contrary, they believe the
Cherokees ought to be distinctly and candidly
informed that as speedy a removal as circum
stances will permit is the only sure mode of
avoiding those collisions between them and the
whiles, which must endanger the peace of the
country, and add to the discontents which have
hitherto prevailed.
By the treat} 7 before referred to, the sum of six
hundred thousand dollars was agreed to be paid
by the United States, for the purpose of indem
nifying those who bad been injured by depreda
tions committed by citizens of the United Slates,
and for the purpose of enabling the Indians to
remove to their new homes. How ibis fund has
been disposed of, or whether any and what part
of it yet remains to be expended, the committee
do not know.
They believe the five millions of dollars, given
by the treaty as the difference in value between
the countries exchanged, and the six hundred
thousand dollars before mentioned, allowed for
spoliations, and as a fund for removal, constitute
a very liberal consideration on the part of the
Federal Government; yet the committee would
feel much better satisfied that too much should
be clone for the Cherokees than too little. If,
therefore, the voluntary grant of an additional
sum of money can be made a means of hastening
their removal to their new homes, of dispensing
with the use of a large military force, and of in
suring confidence in the justice of the Govern
ment, and of restoring harmony and good feel
ings. they believe economy, humanity, and peace
will be best consulted by making such grant.
With a view to attain these objects, the com
mittee would respectfully recommend to the
Senate that, in the passing of some appropriation
bill still be to acted on, an item be inserted
placing a reasonable sum of money at the dispo
sal of the Executive.
In relation to what the Secretary ofWar states
in his communication to the Cherokee delegation
on the subject of the annuities due under the
treaty of 1819, the committee would take the
liberty of remarking, that the treaty of 1835
commutes the old annuity of ten thousand dol.
lars, and provides that the profits of the sum for
which it was commuted, for the then next two
years, be laid out. in provisions for the benefit of
a certain class of the Cherokees. How far this
stipulation has been complied with, the commit
"n tee do not know. They believe the neces
sary fund was appropriated by Congress If it
has been properly expended, the animites have
been paid; if it lias not, the money ought still to
be on hand, and they do not, at present, see the
propriety of any new appropriation for that ob
ject.
With regard to the manner in which the In
dians shall be removed, the committee believe
that must be left, in a great degree under the
control ofthe Executive Department; but they
would fail in the discharge of their duty, if they
did not most earnestly recommend, both as a
measure ofeconomy and humanity, that the Indi
ans be accompanied by such an escort as will sc.
. cure the whites through whose country they may
pass, from all depredations, and at the same time
secure the Indians from all ill usage from any
<]u artery hate vcr. y
DEPARTMENT OF WAR, (N
' June 7, 1838. $
S' Gentlemen: I have the honor to acknowledge
the receipt ofi'our communication of the sth inst.
covering a letter from the Governor of Georgia,
and asking a reply to the inquiries it contains.
Although they have been substantially answer
ed in tiie reply of the Department to his Excel
lency’s letter ofthe 28th ultimo, the tenor of these
interrogatories manifests such an extraordinary
misapprehension of the intentions of the Govern
ment, that it becomes necessary, again, to ex
plain them.
His Excellency desires to be informed if it is
the President’s “intention to continue the present
delay in removing the Cherokees by the troops
under General Scott for the purpose of effecting
that object by contract with the agents of Ross
and his friends, or any other purpose?” The
Department does not understand what is meant
by tiie present delay. W hen General fccott left
Washington, he carried with him instructions to
proceed without delay in the removal of the Che
rokees, and his despatches, since received, show
that he took the proper measures to obey his in
structions with his characteristic promptness and
-- energy. When the conciliatory proposals ofthe
Executive to the Cherokee delegation were sub
mitted to Congress, the General was again in
structed to continue the prosecution of the mea
sures ho had adopted for th? removal of the In-
dians, and whether it was to be conducted by
the troops under his command or by the Chero
kees themselves, whether it was to be compul
sory or voluntary, to permit no unnecessary de
lay in its execution.
His Excellency desires still further to know,
“whether it is his [the President’s] intention to
maintain the Indians by force upon the soil ot
Georgia, in opposition to the will of the Stale
and the rights of its inhabitants, to whom the
lands have been granted?”
In reply to the proposition of the Cherokee de
legation for an extension of time, they were told
in express terms, that where the rights and in
terests of sovereign States were concerned, tiie
President could not enter into any engagement
with the Cherokees, and that no delay could be
granted without the assent of the Slates interest.
Icd in tiie execution of the treaty- In asking
1 that assent the States are merely requested not
to press their claims in a manner to occasion un
-1 necessary discomfort and inconvenience to the
Indians; and General Scott is at the same time
instructed to commence his operations in that
part of the territory where the lands have been
disposed of, meaning Georgia, and to conduct
them in such a manner as to place the proprie
tors in possession of their estates with as little
delay as possible. The Department is, therefore,
utterly at a loss to understand how the Presi
dent’s views should have been so misapprehend
ed as to give rise to these questions, and now
begs leave, through you, explicitly to deny that
such are or ever have been the intentions of the
Government.
Very respectfully,
Your most obedient servant,
J. R. POINSETT.
Hon. Wilson Lumpkin, A. Cuthbort, Jabcz Jack
son, C. E. Haynes, S. Grantland, Hopkins
H Hulsey, and Win. C. Dawson, M. C. Wash
ington -
[From the Baltimore American. June 9.]
WASHINGTON, June 8.
UNITED STATES SENATE.
Mr. TALLMADGE presented a memorial
from certain Artists, praying that the same pri
vileges and protection afforded them as is exten
ded to authors. &
OREGON TERRITORY.
Mr. LINN presented a pftper relative to the
discovery of Columbus River. It contains the
narrative of Alexander Bulfincii,Accompanied
by an affidavit in proof of certain facts now in
dispute between the United States and Great
Britain. It was referred to the Special Com
mittee on the Oregon Territory and ordered to
be printed.
DEPOSITS ACT.
Mr. WRIGHT, from the Committee on Fi
nance, made a report in compliance with a reso
lution offered by Mr. Webster some cays ago,
requiring the Committee to make certain inqui
ries into the powers ofthe Secretary of the Trea
sury under the deposile Act of June, 1836, to
re-appoint specie paying banks as depositories
which have paid out or issued notes of a less de
nomination than five dollars; and also instruct
ing the Committee to inquire into the expedien
cy of repealing the same.
The report was read. It is of much length.
It sets forth that it is inexpedient to entertain
any such proposition until the Sub-Treasury Bill
’ shall have been acted on by the House.
After some warm debate between Messrs.
WRIGHT, WEBSTER, BENTON, and
■ NILES, the report was ordered to be printed.
TIIE REVENUE.
Mr. WEBSTER gave notice, that at an early
1 day he would bring in a hill, making further pro
. vision for the collections ofthe public revenue.
INDIAN HOSTILITIES.
The Senate then resumed the consideration
> of the House bill, making appropriations for the
s suppression of Indian Hostilities.
I Mr. BENTON t ook the floor and was left spea
j king.
[From the Globe.]
j We have the pleasure of laying before our
j readers the following report of the operations of
the Mint for the past month. The information
, it gives must be very gratifying to every one :
\ Mint of the United States, 1
June 5, 1838. \
j Sir: I send you to-day the usual report, re
• quired by the Department, of the gold coinage
J in May, and I now present to you the following
r statement of the whole amount of coinage done
\ at the Mint during the same month :
’ Denomination. Value. No. of pieces.
Half Eagles, 195,295 00 39,059
Quarter Eagles, 21.972 50 8,789
Half Dollars, 174,000 00 318,000
; Quarter Dollars, 49,000 00 190,000
Dimes, 02,500 00 025,000
Half Dimes, 26,500 00 530,000
, Cents, 8,785 00 870,500
1 Totals, §533,052 5) 2,025,348
I Tins statement shows an amount of work great
’ cr than has ever been heretofore done at the Mint
in the same time, since the labor is proportional,
5 not. to the value ofthe coins, but more nearly to
1 the number of pieces. It will be observed that
3 2,229,590 coins have been struck, of less denom
-3 ination than the half dollar; and we are still
3 busily occupied with the fabrication of these
* small coins, for which the demand seems to be
r but little diminished.
3 The Mint at New Orleans, after having vari-
ous unforeseen difficulties to overcome, com
-5 menced coining on 7th of last month: so that all
' the branch Mints are now in full operation.
Very respectfully, your faithful servant,
1 (Signed) R. M. PATTERSON,
Director.
* Hon. Levi Woodbury,
Secretary of the Treasury.
[From the Charleston Courier. J
Important opinion of Judge O’Neal in a case of
! Oliver Simpson and the Charleston Fire and .Marine
> Insurance Company, respecting an insurance of
, thirty-eight slaves, valued at twenty thousand dol
, lars, on hoard the brig Enterprise, which sailed on
the 22d January, 1835, from Alexandria, District
1 of Columbia, and bound for the port of Charleston,
■ South Carolina, but said vessel arrived at the
- Island of Bermuda, in distress.
t The case was decided in favor of the plaintiff.
. Oliver Simpson, 1
' vs.
The Charleston Fire and Marine Ins. Com y. )
The three first grounds of appeal are upon sup
k posed errors of the verdict in matter of fact. 11 is
Itenough to say, in relation to them that the evidence
was abundant, and every way satisfactory to ray
3 mind, to sustain the conclusion to which the Jury
• came.
, The fourth and fifth grounds present the only
legal question in the case, whether the bringing
up the slaves, under the writ of baheas-corpus,
issued by the Chief Justice of Bermuda, and the
‘ discharge of them, by him, from the custody of the
2 master of the vessel, is within the risk enumerated
7 in the policy, viz: arrest, restraints and detainments
* of all kings, princes or people ofwhat nation, condi
tion or quality soever; for, if this question bean
swered in the affirmative, then the Joss cannot be
3 referred to an escape, which is an expected peril.
. The warrants, arrests, restraints and detainments
of all kings, princes or people, of what nation, con
-5 dition or quality soever, are broad enough to cover
I everv possible detention, legal or illegal, by color
5 of law, or without it. Had it not been for thecase
> ofNesbir, vs. Laehington, 4J. R. 783. I should not
; have hesitated to say, that any detention in fact,
was within the perils insured. But that case held
a mere riotous detention of a vessel by a mob, and
1 the consequent breaking up of her cargo, not to be
a detention in the meaning of the policy.
It appears that the detention, to be within the
policy, must be a capture, or seizure, or detention
by the officer or agent ofsome government in fact.
Thill, on Ins. 259.) It is true that Mr. Phillips says
that it must be by the commissioned officers or
agents of some lawful and acknowledged govern
ment But this cannot be true, for wherever a
government in fact exists, whether lawful or unlaw
ful acknowledged or unacknowledged, it has the
physical pawcr to compel obedience to its com
mands, and its officers or agents are supposed to
act by its authority, and that therefore the assured
has no remedy for his loss against them.
Tin® however, need not he noticed for the pur
noses of this case, for taking the doctrine to be ns
"stated by Mr. Phillips, the detention here would be
one of the risks enumerated m the policy; for the
slaves were taken and detained from the custody
of the master, by a writ issued by live Chief Jus
tire of Bermuda, the offi* er of an acknowledged
and lawful government,that of Great Britain. The
masterof the vessel was bound to yield obedience
to the writ of habeas corpti*. He had not the pow
er to resist its mandate, and if he had, he would not
have been justified in so doing, fur it is the duty of
all persons within the jurisdiction of a country, to
observe its lav\sand to yield to all its legal and pro
per process, any other rule would lead to continual
insubordination and the exercise of physical power
Whether the subsequent discharge of the slaves
by the Chief Justice was according to or against
the laws of Great Britain, cannot now be inquired
into, it* was an act done in a Court of Justice, and
by the judgment of a Court exercising a competent
local jurisdiction. It is hence to he presumed, that
it was done according to their law, although it must
be conceded by every one having the least acquain
tance with national communities, that it was in di
rect violation of its first principles.
It is true that most of the eases of restraint and
detention reported in the books are captures in time
of war, and seizure under political regulations. But
it does not hence follow that a detention by Judicial
process is not an enumerated risk It, as well as
others, is the act of an officer of the Government,
acting under its authority and executing its laws.
The motion is dismissed.
JOHN BELTON O’NEALL.
The Court of Appeals concurred.
AUGUSTA, GA.
THUCSDAY MORNING, JUNE 14. 1838.
On the fourth page of tiiis day’s paper will be
Jmind an advertisement of the Post Office Depart
* ment, for Proposals for carrying the 31 ails on the
different routes in Georgia, to which we would call
the attention of Contractors, and those disposed to
contract.
Sk/” We answer the strictures of the editors of
the Southern Recorder, by referring them to facts
daily divulged and to public documents transmitted
from Washington. Those facts support the posi
tion wc assumed from the beginning in regard to an
unjustifiable intermeddling with Ross about the re
moval ofthe Cherokee Indians according to the
stipulations of the t reaty of 1835. The editors of
the Recorder seem to approve this intermedd ling ;
we do not, because it was compromising the dignity
ofthe state, the interest of those o our citizens who
had an undoubted title to the land in the occupation*
of the Indians, and the peaceable and speedy le
moval of those Indians to the west.
The Standard of Union of last Tuesday,
states, that answers have been received from five'
ofthe nine gentlemen nominated for Congress, viz:
11. Warner, R. W. Pooler, J. Hillyer, J. G. Mc-
Whorter, and J. S. Patterson. All have accepted
the nomination, except Judge Y arner. Answers
are to be received from Messrs. D. C. Campbell’
B. Graves, A.lverson, and C. 11. Nelson,
£ y- We again publish several interesting docu
ments relating to our Cherokee affairs, namely,
the report to the senate of the committee on Indi
an Affairs, on the message of the President trans
mitting the letter of the Secretary of Y ar to the
Cherokee delegation, and a letter of the Secretary
of War, to seven raembersof the Georgia represen
tation in Congress. We beg our readers to pay
particular attention to the letter of 3lr. Poinsett:
It is clear, explicit, and satisfactory ; it is in fact, a
full explanation of the course which the adminis
tration had stated it would pursue in carrying into
execution the treaty with the Cherokee Indians. —
This letter, and other deve'opements published in
our last paper,’show that to the negotiations car
ried on by certain citizens of Georgia, with John
Ross, and the correspondence which took place
between our Governor and that Indian Chief, must
be attributed the policy adopted to treat with John
Ross for emigration of the Indians, and the belief
created, that this chief possessed unlimited influ
ence among his countrymen. Y hen the 1 resident
and Secretary of War came to the knowledge,
, that the Governor of the State had written to Ross,
■ i that certain members of congress from; Georgia
had had many conferences with that chief; that
the Governor himself and those certain members
of congress, were willing to enter into a 11 contract '
with John Ross, in which the mention of the treaty
of 1835, should have been avoided; the President
and the Secretary of War, must have taken it for
granted, that the Governor and those certain mem
bers of congress truly represented the public opi
nion of Georgia, and that they could with safety
enter into negotiation with Ross for a peaceable
- emigration of the Cherokee Indians, inasmuch as
I the consent of Georgia could be depended on, be*
* cause her Governor and one or two of her Repre
} sentatives in congress, had countenanced the inter
*■ ference of Ross by opening a correspondence with
j him, and by direct conferences at Washington.—
* The President and the Secretary- of War have
, acted very- imprudently ; hut w e now believe that
no blame can be attached to them, for the proposi
tion made to Ross. Both the President and the
. Secretary of War were deceived by-the conduct
1 ofthe Governor of the State and by other Georgi
ans. Let then the blame fall on the guilty.
As we observed on a previous occasion, what
business had the Governor to write to Ross, and
Col. Dawson to labor day and night to bring that
Indian to a reasonable proposition ? None. 1 hey
should have rejected with contempt any proposi
tion made to them to correspond or confer with
f Ross. After the conclusion of the treaty r and its
1 ratification by the Senate, it became the law of the
land. Georgia could look but to that treaty-, and
l to the Federal Government for a faithful execution
t of its stipulations. Any application of Ross to the
, authorities of Georgia, or to Georgians to effei tan
alteration of that treaty, or to invalidate it altoge
ther, should have been treated with decision, in
stead of opening a correspondence with him, and
instead of laboring day and night to bring him to a
reasonable proposition. We shall be most grati
, fled, should the emigration of ihe Cherokees be es
■ fected peaceably, and satisfactorily to themselves.
But should resistance be shown, and blood be shed
( before they- are removed to the west, the mischief
. 1 will lie at the doors of those, who, disregarding
■ [ their station as Georgians, and abandoning, perhaps
, for political effect, the high ground they- should
have occupied, with the treaty, and nothing but
the stipulations of the treaty before them, to tam
; per with Ross, and thereby give confidence to
those who declared the treaty to be a /rand on the
Indians, and, much worse, creating the belief, that
no treaty eould have been concluded without Ross,
and that without his consent and interference, no
removal of the Indians could be effected.
The Comptroller of the State of Connecticut, has
published an abstract of the statements of the
several banks in that state, made on the last Satur
day in Jlarch last—which shows that the 31 banks
with a capital of $8,754,467, have a circulation of
$1,930,552. Specie on hand $536,447.
Governor Marcy-, of New- York, has issued a
proclamation, offering a reward of 0500, for the
arrest of William Johnson; and $250 each for
Daniel McLeod, Samuel C. Frey and Robert
Smith, and SIOO each for any- other persons en
cased in the recent outrage on the steam boat Sir
Robert Peel.
S3T The following is a copy- of this letter, left by
the unfortunate J. V*'. Miller, who put an end to his
existence in this city on Monday week, addressed
to the public. We publish it at the request of sev
eral of our citizens, and have corrected the spell
ing.
“ Augusta, Ga. June 4. 1838.
All ye young men do not destroy- yourselves
with Gambling; if you do you will destroy your
mind, credit and character. Yon will never be
happy in this world, and you will always feel mis
erable whilst you are on this earth. There is al
ways away to make a living without Gambling
In the year 1830, I first gambled, and I have been
miserable ever since. Oye friends, take warning
from this. Good bye .
Your most humble.
J. W. MILLER.
FROM CANADA.
We received no slips by yesterday’s mail. Ye ,
are indebted to the editor of the People’s Press for i
the loan of the New York Daily Express slip of the j
9th inst., wide' 1 , with the Journal of Commerce ;
slip were the only ones received. We learn from ,
the Express slip that the greatest excitement pro- ;
vails in Canada. Sir John Colburn arrived in Mon- 1
treal on the sth inst., with several officers of the I
army, and left immediately- for Upper Canada, j
The Montreal Herald says: “His Excellency will j
inspect Fort Henry, and give the necessary orders |
for erecting fortifications along the frontier, incase
of a general war , now becoming more probable every
day.
The Earl of Durham has issued a proclamation
offering a reward of a thousand pounds for the ap
prehension of any individu ds connected with the
recent outrage on the Sir Robert Peel, and exhorts
her majesty’s subjects, “notwithstanding the ag
gravated provocation (hey- have received, carefully
to abstain from any act of retaliation, which may
1 expose them to the imputation of a disregard of
their own honor, by a violation of the internal
' rights of adjoining powers?” Sir George Arthur
; ha* also issued a proclamation of a similar charac
ter, but containing less conciliatory language. He
charges the outrage upon citizens of the United
! States, and insists that redress should be iramedi
. alely demanded of our Government. The 85th
regiment and the three remaining companies of the
p 51th, together with the detachment just arrived to
. join that regiment, received orders for Upper Cana
da.—The Coldstream Guards were expected to set
, off immediately.
£ Troops are to be stationed at all the points which
. are most exposed along the frontier, and large rein
forcements are ordered into the Upper Province
from Quebec, to garrison the fortifications.
_ - The persons who fired upon the Steamboat Tel
egraph, were immediately arrested and lodged in
: jail. It is to be hoped that the prompt exercise of
authority on both sides will have the effect to pre
' vent a recurrence of such disgraceful transactions.
!
’ COURT FOR THE CORRECTION OF ER
RORS
Before the October elections and the next session
of the legislature, the people of Georgia will have
to take into their serious consideration, the organi
zation of a Supreme Court, according to an amend
men 1 of the state constitution. This organization
failed in 1836 and 1837. This organization should
not again be postponed by the next legislature, if it
, be well ascertained that a majority- of the people
are in favour of such a change in the judicial sys
tem of the state. On the other hand, if it be as
. certained that the people are decidedly- opposed to
, the organization of a supreme court, as required by
the amended constitution, it will be the duty of the
, next legislature to amend again the constitution, so
as to place that ins;rument in the condition it was
( before it was amended, or so to amend ihe judicial
, system of the State, as to meet general approbation.
t We have been, and are still, among those of our
, citizens who believe that our judicial sy-slem re
f quires amendment and improvement especially in
that view contemplated by the establishment of a
t supremo court. But we must confess that on ma
ture reflection, and after close examination of the
subject, since it was agitaied, we have arrived at
( the conclusion that uniformity in legal decisions can
t he attained without the establishment of a supreme
f court. We have arrived at the conclusion, that a
i supreme court, as contemplated to be organized in
, the projects introduced in the legislature in 1836
. and 1837, cannot be sanctioned hy- a majority of
the people. And we have arrived at the conclu
sion, that some other plan must he resorled to,in
order to obtain their sanction. With these views
of the subject, and with the information wc were
able to obtain during the debates in the legislature
_ on the supreme court bills, at the sessions of 1836
and 1837, we shall continue to press the subject on
the attention ofour readers, until the October elec
tions. In the mean time we submit the following
| opinion of a grand jury-, as speaking t lie opinion of
a large number of our citizens.
“We as a Grand Jury, forming a portion ofthe
5 people of Jefferson county, conceive it to lie a duty
1 we owe to our fellow citizens, to bring before
- their notice the contemplated organization of a
0 Supreme Court, or a Court for the Correction of
Errors, so calied ; and it is for them to give such in
structions to their Senators and Representatives to
- the next leg ■’atnre as may 7 be in accordance with
their views. For ourselves we are willing to admit
t that the organization of a tribunal for the purpose
, 1 of establishing a uniformity of practice ihroughout
; the State, would be important and nothing further;
1 ! and we believe this could be as fully effected by a
j j a convention of Judges at Miiledgeville, w hen all
| doubtful legal cases could be decided on by a raa
| jorily of the Judges of the different. Circuits, as
1 ! could possibly he done by the contemplated Court.
- s Therefore viewing so many conflicting opinions
s with regard to the adaption of sound general rule
j to remedy the evil so much complained of, that
( we have our doubts, whether policy, or the inter-!
ests of the people require such a court. We are
5 not willing to admit, nor do we believe that, a ma
i jonty ofthe community wish or evercontemplated
. ; such a tribunal as has been proposed by- two last
_ ! Legislatures and by them rejected. We would
! therefore respectfully recommend to our fellow
: citizens to take the matter into their serious con
i sideralton that they may be enabled to act advised
. ly on the subject, and in conclusion w e would re
■_ commend to our Senator and Representatives in
the ensuing Legislature to use their influence to
• prevent the creation of such a court.
1 j
f COMMERCIAL CONVENTION.
- W'e find in late numbers of the Richmond En
s quirer, that large meetings have been held in a
1 ; great many of the counties of Virginia, for the pur
t i pose of appointing delegates to a state convention,
• I which was to have assembled yesterday at Rich
) ■ mond. The proper spirit on the subject has arisen
i in Virginia, and we have no doubt that the pro
t eeedings of the Convention will confirm the south
, in their endeavours to take that station in the
1 commercial world to which they- are entitled. Upon
the subject the Richmond Enquirer remarks:
“ Strip the subject of all political aspects—(and in
' this city-, we are happy to see nothing of that spirit)
let the Delegates from Virginia come here, with
large and liberal views, todevelope the resources
of our State, and to confer upon her best interests
■ —not indulging any sectional prejudices, not for
cing any thing from its natural relations, not viola
ting any of the enlightened laws of Political Econo
my, but putting ourselves to work, first to see what
is best for us to do, with an eye to the great re
sources of the State and the South, and next de
termined to rouse each other to carry- it out; and
t is impossible, but that this meeting will not do a
great deal of public service.—The mere gathering
together of valuable statistics, or appointing a Com
mittee to collect them for future publication, will
be of immense value.—ls the immense resources of
I
this City alone could "be fully spread before the J
world, it would be a very impor-ant service to its I
Citizens, ns well as to others.—We want capital—
and capital will bring with it population. To ensure
both, our resources "ought to he more gcnera'ly
known. ‘‘Why cannot yon drop the politician for
a time; and assist in developing our resources”?
Such was the remark of a gentleman to ns on
Tuesday last”
NEW-HAMPSHIRE.
The Legislature of this State assembled at Con
cord, on Wednesday, 6th mst. In the Senate, the
Hon. Samuel Jones was chosen President, and
Asa Fouler, Esq , Clerk. In the House, Ira A.
Eastman, Esq., was elected Speaker, and Jeremi
ah Elkins, Esq., re-elected Clerk. The vote for
Speaker was, Eastman. (V. 13.) 125 ; Bartlett, (W.)
107; scattering 8.
“BANK,” OR “NO BANK.”
Extract from the speech of Mr. Buchanan in re
-1 ply to .Mr. Clay, on the plan of the latter for a na
| ttonal bank.
“Mr. 13. was rejoiced that the Senator had
i come out, and in a bold and manly manner, pre
| seated his project of a National Bank. The two
I great parties of flic country would now know
| precisely where they stood. From this day, the
I issue would be fairly firmed and distinctly pre
sented to tiie people. On t lie one side there was
a National Bank, with a capital of fifty mil
lions, sustained by the revenues of the Govern
ment, and enjoying the privilege of having its
notes received in payment of all the public dues;
whilst on the other we desired a separation—a
friendly separation—of the business of the Trea
sury from that of all banks, leaving each one of
them to its own resources, and to perform its
own duties, without danger of being crushed or
controlled by a mammoth institution. We wish
ed to part from them in peace, and to remain at
I peace with them, interposing no obstacles in the
j way of their healthy and vigorous action. We
leave them to bo regulated by Slates to which
| they belong. He did not fear the final result of
such a trial before the American people.
It was a work of supererogation for the Sena
tor from Kentucky to have inserted in his char
ter any provision to prevent the Government
from warring against the Bank, or the Bank
from waning against the Government. For the
last few years we had witnessed the exception
| to the rule; but wc should never witness it again.
Money and political power mutually attracted
each other, and were always ready to rush 'o
each oiher’s embrace. Establish such a bank as
the Senator had proposed, and tin re never would
be any divorce between it and those in power,
j The General Government wrs to be combined j
j with all the State Governments as stockholders
in this institution; and to these sovereignities |
were to be added a number of wealthy individuals. |
You would thus bind tlie United States and the I
Stales together in solid phalanx, and unite them
all indissolubly with the money power of the
country. Such a measure would ho the longest
stride towards consolidation which had ever been
made under the Constitution; and such a bank
would be able and willing to keep an Adminis
tration in power which might call it, into exis.
tence. The political power and the money power
would support ea ,- ii other, and their connection
would be perpetuated by the strongest ties of
mutual interest. No, sir; No, sir; we shall have
no more wars between the Bank and the Govern
ment; no more Andrew Jacksons to slay the
monster. We shall have a popular Government
in form. hut. a money Government in fact; and
New York will be the seat of empire. This
scheme of uniting all the State Governments as
stockholders with the General Government and
individuals, would render it much more formida
ble than the late Bank of the United Slates
(powerful as it was) had ever been.”
£5“ The following is the conclusion of Mr. Cal
houn’s remarks, in the Senate, May 25, on Mr.
Clay’s resolution:
The only safe remedy is the to ! al and entire
separation of the Government from the banks.
The evil lies in the union, and the remedy in
disconnection. That has already partiapy re
stored the system to a healthy condition, and, if
persisted in, would affect a permanent cure.
Had it not been for the separation, the disease,
instead of being arrested in a great degree, as it
is, would have been great ly aggravated, if not
wholly incurable. Instead of resumption,bank
paper would have gone on rapidly depreciating;
all of tiie cities along the coast would have been
interested in depreciating their bank paper. The
more they depreciated it, the less duty, in point
of fact, they would have had to pay, and the
city that depreciated most would have drawn all
the trade. The separation prevented this state
of things, and threw the inducement into the
opposite scale, that of resuming, instead of de
preciating the paper. Continue the remedy-, and
a complete restoration would follow; but instead
of that, our daily study is to get clear of it, am l
to return to that, very state of things which
caused it.
It is time we should reflect and understand the
laws that govern the disease that now afflicts the
country. When a suspension takes place, there
are but two modes by which a cure can be ef
fected; the one is to leave it to the gentle opera
tion of time, without coercion, under the sim
ple application that has been made in tins ease;
and the other is to resort to a United Slates Bank,
or some other instrument of coercion. Tiie
former has the advantage of effecting a cure
without destroying the public institutions, and
oppressing the debtor class, but leaves the pa
tient subject to relapse. It simply brings the
system back to where it stood prior to the attack,
and leaves it exposed to another. To guard
against a relapse, the tonic which stopped the
disease must be continued. It must not be dis
continued on the firs! intermission of the disease.
Such is the present case. The tonic that has
arrested the disease, as he has stated, is the
withdrawal of the Government from a connec
j tion with the banks. It has brought the bank
ing system back to where i‘ was before the sus
pension, and, if continued, will restore it to
health; and, if discontinued, will be sure to be
followed by a relapse.
The other remedy is to establish a National
Bank, and to keep the system right by its con-
I trolling influence; and those who are in favor of
it are impatient to lay aside the remedy that
has already proved to be so efficacious, and at the
same time so gentle. They may- succeed in
that, but unless he was wholly deceived, they
will be entirely deceived in their favorite remedy.
It will be, in his opinion, impossible to establish
a Bank. All the powerful existing institutions,
and those that are contemplated, will be opposed
to it, which, added to those who are opposed to
it on the higher grounds of the Constitution and
liberty, will interpose an obstacle not to be over
come. But if it should be established, it would
pro re but a temporary remedy. It would crush,
as he has stated, half of the existing institu
tions, leaving an open space for its own opera
tion; and during this state of things, the curren
cy would be comparatively sound, and safe from
the hazard of revulsion. But a new crop of
banks would again spring up in the course of
ten or fifteen years, which would again encum
ber and crowd each other, and cause another
struggle for existence, just as was the case be- .
fore the expiration of the charter of the late
Bank, to be followed by similar, but more disas
trous consequences.
He would say to thoseiwith whom he has been
.•acting on this occasion, you have a good cause,
and all that is wanting is firmness and fidelity
to it. Be careful to avoid every act which wil
leave the people doubtful as to your sincerity.
Nothing would prove so fatal to the cause. | a
I as been done already has caused great misc no
in unsettling the public mind. Nothing was so
talal to a good cause as art and management,
lie had had some experience in political affairs,
am, had never yet known a good cause, honestly
and manfully- maintained, fail to succeed.
The Report the Globe speaks be
low, will be published as soon as we can find room
for it, which will be next week.
[From the Globe ]
MR. WRIGHT’S REPORT.
In the Senate this morning Mr. Wright pre
sented, from the Committee on Finance, the
views of the committee on Mr. Webstei’s resolu
tion, directing certain inquiries as to some of the
provisions of the act entitled “An act to regu
late the deposites of the public money,” passed
on the 23 1 day of June, 1836.” The report will
he found the ablest of all the papers of that sort
ever prepared by the distinguished chairman of
the Finance committee. Nothing can exceed'
the clearness, justice, and force with which the
policy of the Administration policy until re
cently professedly favored by the majority of its
i opponents in every thing else— the improvement
j of (he currency hy the exclusion of small votes
| in receipts of the Treasury, is maintained in
1 this new report of the Finance Committee. It
will be seen that whilst the committee insist on
1 the true principle upon I lie subject, they at the
I same time av nv their willingness to relieve the
banks from all the disabilities in that respect, in
* curred by- the issue of small notes during the
| suspension of specie payments, upon a return
j within a reasonable time to the rule provided by
the Dcposite act of 1836.
If any thing could have surprised us in the
I course of the Opposition, it was to find the pre
j sent at ion of this sound and liberal report made
the occasion, by Mr. Webster, of sounding the
tocsin of new alarm and agitation. Unless tiie
intelligence, that Mr. Biddle has again taken a
stand against resumption, received this morning
; from Philadelphia, be confirmed, wc cannot con.
-1 jecture a motive for the extraordinary movement
iof the opposition. It is true they must always
find fault and thwart the Government in doing
well for the public interests; but. at this very
moment, in which they were exulting in a stale
of things which they said had made the resump
tion of specie payments easy, and opened up the
1 way to a perfect restoration of the currency and
j exchanges to a sound condition, to fire off the
alarm guns again, upon the introduction of a re
! port tending directly-to these objects, is the most
j sudden and extravagant absurdity in which the
I Opposition have yet involved themselves.
FROM MEXICO.
I Several officers are nowin town belonging to
I the U. S. sloop of war Natchez, lying at the Ba
l iize, and recently from Tampico and Matamoras-
Tlie French are enforcing the blockade even
more rigorously than at first.
The Mexican Government, it is thought, will
bold out for a long time against the demands of
France.
The Americans are treated well by the Mcxi
cans, and seem well pleased that the U. States
are willing to submit our difficulties with them
to an arb’tralion.
The Constitution, with Com. Dallas on board,
the Boston, and Ontario, were ail lying off Tam
pico.
Several vessels of different nations have been
ordered oft’by the blockading squadron. Among
others, tiie brig Himmelah, from New York, was
j ordered away from Vera Cruz. She has just put
! in and anchored in the Mississippi.
The Natchez will again proceed immediately
I to Mexico. — N. O. Picayune, June 9.
| C OM M E IICIA L.
! LATEST DATES FROM LIVERPOOL, 7
I LATEST DATES FROM HAVRE.:::::MAY 9
Augusta and Hamburg Market, June 14.
COTTON.—We have very little ohaoge to no
| tice since our last in the cotton market. The busi
during the week has been limited, and the enquiry
I lias been confined to the L.uar .IpKerio
tions, which are scarce. Inferior cottons are neg
lected, and no one shows a disposition to operate
in this quality-. Our stock at present amounts to
between 18 and 20,000 bales, of which nearly all
is in second hands waiting to be shipped. Tiie
sales from warehouses this week have been light,
amounting in all to only- about 9t)o Iwvles, whirl*
were disposed of as follows : 17 bales at 7,8 at 7J,
’ i 12 at 8, 43 at 83, 72 at 83, 39 at 81, 71 at 9,39 at 9f,
, ; 141 at 9f, 97 at 93, 23 at 91, 120 at 91, 144 at M), 11
• at 103, 18 at 103 and 18 bales strictly prime nt> FI
cents. We quote inferior to good 7 a 10, prime
I and choice 103 all cents- <t must be a strictly
s prime article, and in square bales to bring tiie latter
■ quotation.
EXCHANGE.—On New York, fi per cent, pm.,"
j Boston, 53; Baltimore and Philadelphia, 5; Charles
ton, 4; Treasury- Drafts, 5; U. S. Notes,scarce and
in demand in small sums for travelling, 5 a 6.
FREIGHTS. —To Savannah, 81 per bale for Cot
ton; to Charleston, §1,25 for square and §1,50 for
round bales.
CHARLESTON, June 13 . The Market.—Up
laud Cotton lias gone off rather slowly since our
last —buyers are offering lower prices, but holders
generally refuse to operate unless at former rates.
Rice. —7'he sales in this article since Friday last,
have been light, at old prices.— Courier.
NEW ORLEANS, June 9.— Remarks. —There
has been no change in business since our last re
marks; every thing appears to be regularly settled'
down for the summer,andnoimpruvemenisis look
ed for before the fall, the sales making are very lim
ited, and for immediate wants, there is nothing like
spccidation; most articles of Western Produce are
at so high prices that they- will not authorise ship
ments to the North. The Rivers above remain in
good boating condition, and the market isgenerally
fairly supplied, without any excess,
i We again note a slight advance in dollars, which,
we now quote at 73 a 8 per ct. prem. theie is how
ever, hut very little demand, and sales are in small
sums. Mississippi money is improving a little, we
quote River Hank 17 a 23 percent, discount, other
kinds 28 a 33—a1l other banknotes remain the same
11 as last week. Treasury Notes bear the same pre
rnium as specie, there are not many on the market,
i and they are not in much demand, as there is not
much wanted for the Custom House.
We quote Exchange on London 12 a 13 per cent.
■ the latter rate readily obtained for good bills —on
New York sight drafts 63 a 7 percent, prem., 60
days 43 a 5.
Colton. —The market has been dull throughout
the week, the sales amounting to hut about 3500
I bales, at prices the same as last week, but they
have rather a downward tendency, there is now
more on the market than for some time hack, pur
| chasers seem to he holding off for better prices,
notwithstanding the favorable accounts from Liver
pool. and they- are likewise looking for a reduction
| of freights, the sales have been generally small,
and none of any large amount, 500 bales the larges
I sales we hear of.---
■ The exports are 625,105 bales against i 22,160 to
the same period last season, being an excess of
103,010 bales, and 28,425 over the total of last sea
son. They stand thus . BAT ES
Excess to British ports 110,260
Short to French pons ’ 4
North of Europe, *
Cowes and a market j.U*
Other Foreign ports 16,864
Excess to Foreign ports
Excess Coastwise 9,644
103,040
It will be perceived that more than the excess to
foreign ports has been to Liverpool alone.
The exports to Boston, and other eestern ports,
are now' only 4152 bales short of what they wero
to the same period last season, the excess to New
York and other ports 13,796 bales.
Sugar. —A good demand continues to exist for
this article, particularly for the best quality, which
we quote 63 a 63c. per lb., common 5 a 6c.