Newspaper Page Text
We learn from a passenger, who came down
on the State Road train, on Saturday night
hut, that H. L. Whig, a conductor on the W.
& A. Bail Road, was struck on the head with a
rock, or some other dangerous instrument, on
Saturday evening last, in -Chattanooga, by a
man named Oates. It appears, according to
our information, tlptt Gates was a fireman on
Wing’s train, and that Wing had reported him
for getting drank. This led to tke murderous
attack. Wing was lying in a critical condition,
up to our latest intelligence.
Melancholy ASklr.
We learn from a gentleman, just from Mil-
ledgeville, that a printer by the name of J. W.
Rennet, was found dead intone of the public
wells of that city, on Saturday last. He had
been missing for several days, and his absence
was not accounted for, until the melancholy
denoument above mentioned. It is supposed
that he committed suicide, on account of
mental-aberration, occasioned by dissipation.
“What shadows we are, and what shadows we
pursue.”
We take pleasure in calling the atten
tion of our readers, to our Financial and Com
mercial Column. We have made arrangements
with a gentleman, evety way competent to
furnsh us weekly, with such fiscal informa
tion, &c., as may be of genera! interest. Our
City being the great Southern thoroughfare,
together with its large floating population,
makes our Bank Note list iudispensi ble. In
calling the attention of our readers to the dif
ferent Ranks, we shall endeavor to do them
ample justice. Regarding ourselvesto some ex
tent, the guardians of the people it behoves ns
to taka an independaut stand and while it sh&ll
ever be our pleasure to commend those Banks
which by a strict line of policy keep within
their chartered limits, it will be alike our du
ty in tlio course of justice, to deal unsparingly
with them, which by an oposite policy abuse
our confidence.
Atlanta Fire Company, Wo. 1.
The splendid new Engine, made for this com
pany, by Mr. John Aguew of Philadelphia, ar
rived in our city, yesterday morning, on the
Macon & Western Rail Road. We feel no hes
itation, in pronouncing it the handsomest piece
of machinery, of the kind, that we have ever
seen. Every part appears to be of the most
pertect workmanship, and the finest finish.
The ornaments are peculiarly striking. On
each side, there is a large spread Eagle, hear
ing in its l>eak a scroll, on which is inscribed
the motto,
ATLANTA PROMPT TO ACTION.
On each side, also, is a most beautiful painting,
representing the leading historical events in
the life of the Goddess Atalanta. The engine
cost about $3,000. This new- accession to the
available means of Atlanta File Company No.
' 1, will constitute an epoch in the history of
this company, from which will commence an
era, fraught with achievements, which will re
flect lasting honors upon its memliers, for all
coming time. One hundred cheers for the com
pany, and its new engine.
The Federal Congress.
The second session of the xxxv Congress,
assembles at Washington to-morrow. On the
calling of the roll, there will be absent, sever
al members, who were in their seats at the last
session. The late Gen. Henderson of Texas,
will be succeeded by the Hon. Mr. Ward, of
whose appointment, it has already been our
pleasure to speak in the columns of the Intelli
gencer. Hon. John J. Quitman of Missi.-sippi,
will lie succeeded by ex-Gov. J. J. M’Crae, and
the Hon. J. Glaucey Jones of Pennsylvania,
who goes on the Mission to Austria, will be
succeeded by Gen. Reims, who we believe is a
Democrat of the same school as Mr. Jones.
The election of Gen. Reims, so soon after the
late victory of the Black Republicans, is an ev
idence that there is a reaction already commen
ced, in behalf of national principles, and in sup
port of the national Administration, in the old
Keystone 'State. *
The present session of Congress will not, we
think, he much troubled, either with the Kan
sas question, or the slavery agitation. Kan
sas remains a slave territory for the present,
with all the guarantees of the organic act, and
the Constitution of the United States. There
will he no effort to change this, until Kansas
shall feel herself able, by the increase dt her
population, to liear the burdens of State, self-
gov ernment. Hence we congratulate our read
ers. that in the proceedings of the present Con
gress, we shall not have to fill our columns
with matter on this vexed question.
The most important subjects for the action
of our federal legislature will, doubtless, lie the
relations of the United States with Mexico,
and other foreign powers—our navigation laws,
and our national finances. The time of Con
gress will, doubtless, he now devoted to prac
tical matters on the above subjects, and we
hope the result will prove, that there will be
much useful legislation enacted in regard *o
them. We will endeavor to inform our read
ers promptly, of every measure as it comes be
fore the body, its progress and conclusion.
Noah Warticle.
The above named gentleman resides in La-
Favette, Ala. He is the inventor of several
patented articles, and most of our readers have
heard of Warlick's famous plow, called the
V plow which seems to be^tlie foundation upon
wluch most of the recent improvemements
upon the plow heve been built. We would
not be surprised, if there liave not been in
fringements upon his Y shaped braces, which
we learn i s the subject of his patent claim.—
If so, those similar plows may not he very
valuable to those who are circulating them,
as we learn that Mr. W. is now investigating
the matter at the patent office. Mr. Warlick
has been perfecting his plow for twelve years
and luis recently added much to its utility.—
After having brought his plow to a high state
of perfection and placed in the reach of the
farmer, an excellent instrument for tilling the
soil, he has turned his inventive talent, to
providing something cheap, easy and durable
for the weary laborer to recline upon after
the toils of the day are ended. He has placed
upon, our table lor our inspection and crili
cisin, a model "for an improved “Bed hot'
tom." We pronounce it an excellent thing
We are going to have us one made to rest
our weary bones upon, when we lie down to
“enjoy the honey heavy dew of slumber.”—
We really like this “Bed bottom.” Welia
a sood mind to be enthusiastic over it, and
who should not feel elated at any movement,
tending to render more comfortable the lot of
weary mortals, as they full into the embrace
of “Death's younger brother, and so like him
that 1 dure trust him without my prayers.”
1 have somewhere read, “if you would sleep
soundly, take a clear conscience to bed with
you.” Wc would add, and lie on one of
gal investigation.
VrY-^--iSsts:
On Monday evening last, we bad the pleas
ure of witnessing the performance of Shaks-
peare’s favorite tragedy of Othello, by Mr.
Merchant's Charleston Company. Mr. Nea.
fie is the Star of the Company. He appeared in
the character of Othello, and according to our
judgment, he sustained himself most admira
bly, though we do not profess to be very high
ly endowed with the powers of criticism, in
reference to such matters. We must confess
to the soft impeachment, that he took t», cerium.
He is a man of fine personal appearance, does
and says everything with force and energy,
and in our opinion, his talent is well adapted
to deep tragedy. Deademona was weU played
by Miss Amy Frost, and she, doubtless, pro
duced quite a sensation upon the audience.
Iago was represented by Mr. Maddox, with an
effect but little behind that produced by Mr.
Neafie. Miss Emily Bassan's Emelia, was very
well done up, and at certain points in her act
ing, she was loudly applauded. The whole
piece, in our humble opinion, was well played,
and we feel no hesitation in pronouncing this
Company as superior to anything of the kind,
ever seen in Atlanta. They will be with us for
few nights only,” and the lovers of the His
trionic art, who desire to see and hear some
thing “rich, rare, and rkey,” had best not miss
this opportunity. We bespeak for this compa
ny, full houses.
Fnantdli’i final Cask Steak.
The most celebrated cook book in the world,
is that of Francatelli. The talented and ec
centric Ude, the learned and curious Gunter,
the delicate Careme, and the universally learn
ed Royer, are all embraced in Francatelli*
Those who would know what French cookery
really is, wiU find it scrupulously set forth in
Francatelli. An American edition of this work,
wliich has gone through so many editions
abroad, has long been needed, and we are hap
py to announce that oue, greatly enlarged and
improved, has been received, and for sale by
William Kay, Agent, of this city. This work
(price three dollars,) is so extensive, so minute,
so clear, and evinces, according to its subject,
so much genius, that it is difficult to praise it
as it deserves. A more appropriate present to
a lady could not he imagiued. Francatelli was
t he Shakspeare of cooks, and his work is the
great text hook. Chief cook to thi Queen of
England, he was practically more familiar with
the elegancies and refinements of good living,
than Brillat Savariu himself. The typography
and binding of this work, are in keeping with
its intrinsic merit. Its sale should be counted
by hundreds of thousands.
father reigned in Arcadia,
male offspring, and on his wife bringing forth
w female, be exported the babe inthe moun
tains, where she was suckled by a bear, and at
last found by some huntera, who named her
Atolanta, and reared her.
She followed the chase, and was alike dis
tinguished for her beauty and courage.
The Centaurs, Rhoecos and Hylaeos, at
tempting her honor, perished by her arrows.
She took part in the Argqnautic expedition ;
was at the Calydouian hunt. And at the fn
neral games of Pelias, die won the prize in
wrestling, from Pelens.
Atalanta was afterwards recognized by her
parent--. Her father wishing her to marry,
she consented, but only on condition tbat her
suitors should ran a race with her, in the fol
lowing manner ; they were to be unarmed, and
she was to carry a dart in her hand. Her lov
ers were to start first, and whoever arrived first
at the goal, would be made he husband, but
all those whom she overtook, were to be kiU-
ed by her darts.
As she was almost invincible in running,
many of her suitors perished in the attempt ,
when Meilanion, her cousin offered himself as
a competitor. Venus had presented him with
three golden apples from the garden of Hesper.
ides, and as Boon as he had started in the race
he artfully threw down the apples, at some dis
tance from each other. And while Atalanta,
charmed at the right, stopped to gather the
apples, Meilanion won the race, and Atalanta
became his wife.”
The paintings alluded to, are in four panels,
each about 12 by 24 inches. In the first scene,
Meilanion is pieparing for the nuptial race, un
der the eye of his mistress. In the second,
Meilanion and his beautiful wife, are engaged
together in the sports of the chase. The third,
representing Atalanta, a very beautiful, and
rather masculine women, engaged with a com
pany of huntera in attacking a wild boar. The
fourth panel, represents Atalanta receiving the
boar’s head in triumph from the hands of her
companions.
The printings are all very spirited, and fin.
ished most exquisitely, doing credit to the geu-
ius of the artist, M. J. Shreeves, of Philadel
phia.
Warlick s “Beil bottoms,” where you may
sweetly sleep and double eujoy
“Man’s rich restorative; his lialniv hath,
That supplies, lubricates and keeps in play
The various movements of this nice machine
Which asks sueh frequent periods of repair.”
O Warlick, blessings on thy hoary head,
For such an easy-going bottom’d bed.
Tke Supreme Court.
We have had but tittle to say in reference to
the controversy which has for some time past
been going on in the public prints, in regard
to the decision of the Supreme Court in the
Columbus Bank cases. Judges McDonald and
Benning, constituting a majority of the Court,
decided in favor of the Banks, Judge Lump
kin dissenting. A great hue and cry has been
made, in many quarters, against thi9 decision
the Judges rendering the decision have been
charged with corruption, and a strong disposi
tion lias been manifested in favor of abolish
ing 4 the Court. We feel no disposition to en
ter into the investigation of the merits of this
controversy, were we capable of doing so, and
we regret that the same view of this subject,
has not been taken by some of our cotempo
raries, and their correspondents, who liave as
sumed the prerogative of passing judgmeut in
this case, and who were hut tittle better quali
fied to give a correct decision in the premises,
than our humble self. We ore not the cham
pions of Judges McDonald and Benning.—
They have abler friends to espouse their cause
whenever it is necessary. We intend only to
give our opinion in reference to the revolutiona
ry movement, (for we consider it nothing else)
set on foot by some, for the purpose of abolish
ing the Supreme Court. That the present or.
ganization of this Court is defective, we are
free to admit. We voted for its organization
when a member of the Legislature in 1845.
We did so under protest, believing that the
act of organization was defective hut with a be
lief that subsequent Legislatures would heal its
many imperfections. Some of them have been
remedied but there are many others that re
main unhealed. There is a bill before the
present Legislature, introduced he Mr. Spray-
berry, of Catoosa county, which contain some
wholesome provisions, and which will go very
for towards removing some of the most for
midable objections to the Court, as now con
stituted. One ot these provirions is that no
decision made by the unanimous consent of
all the judges of the Court, shall ever be re
versed except by Legislative enactment. This
will go very r for towards securing permanency
to the Supreme Court decisions, and fixing the
law upon an iupregnable basis. We trust
this hill may pass, as we are informed that it
'probably will. As to the abolition of the
Court, that is simply a preposterous proposi
tion. The Judges of the Superior Courts are
men of tike passions with other men. They
are liable to bias; to he influenced by preju
dice or favor, in their decisions; some of them
liavie relatives practiciring law in their cir
cuits, relatives, friends and enemies having
cases coming up before them ; all these are
well calculated to iuffuence the feelings and
bias the ludgement of the purest and most
honest men in the world.
Under such influences, decisions on law
points of a doubtful character, are often made
by the circuit Judges, and which control the
verdict of Juries, by which the legal rights of
parties are defeated. Hence the necessity of
a tribunal free from suck influences, where the
law can lie administered to all, without fear,
fovor, or affection. The supreme court therefore
becomes an institution of paramonnt necessity
to the rights, to the liberty, to the lives of onr
citizens. As to the controversy between Wm.
Dougherty, and the Court, about the Bank
cases, the people generally have but tittle in
terest in it. Dougherty is defeated in his an
ticipations of making an immense fortune, but
who else of the people, have .suffered by it?
The decision may have been wrong. We will
not undertake to say. We will say however,
that if theyjdecided the law correctly, it is cer
tainly a very bad law. But we have Legisla
tures in this country, and they have the pow.
er of repealing bad laws. Why then should
we wish to dispense with our highest judicial
tribunal, because the Judges in one case have
made a wrong decision or brought to tight a
bad law. Let the Legislature pass such laws
as will heal the defects of the present organ
ization of the Court, instead of retrograding in
judicial progress by abolishing the Supreme
Court; a thing which we believe has never
been done by any State in the Union, and we
trust Georgia will not be the first to set the
example.
“What part oh de ceremony do de ladies
most admire when dey go to church.”
“Well, Pompey, I can’t tell dat. What is
it ?”
“Why, Julius, it’s lookin' at dehim’s.”
“Dat : s afac ?”
“Sut” Turned Editor.—We are pleased to
hear from reliable authority that “Sut Ioven-
good," the facetious George, is about perfect
ing arrangements to commence the publication
of a Democratic paper at Knoxville, and al
ready we liave heard many say, “if he does,
you may put me, and me, and me down as a
subscriber.” One thing is sure, that George
Harris is an out and out Democrat, a good wri
ter, and a tip-top clever fellow, and will make
a sparkling editor.—Chattanooga Ado. Doe. 2.
P
of Iasoe. Her
He was anxious for
For ibe Atluuta Intelligencer.
Gajroao House, Memphis, Tenn.
Messrs. Editors.—Allow me a small space
in your paper. I have just returned from a
visit to the city of Memphis, liaving attended
a Sunday School Convention, which met in that
place, on Friday, the 26th ult. The Conven
tion was composed of Baptists, delegated by
associations aud churches, who feel the impor
tance of an organized system, with reference to
the successful operation of Sunday Schools, and
the introduction and dissemination of such
books, as will constitute a desirable Baptist lit
erature for the South. About five hundred del
egates were in attendance, and the meeting
was remarkable for the delightful harmony
which prevailed, and for the spirit of enthusi
asm, wliich seemed to animate the entire body.
The distance from Atlanta to Memphis, is
about four hundred and fifty miles. The Rail
road passes through a region of country signal
ly characterized by high mountains, extensive
valleys, and beautiful rivers. At one time, the
traveler is startled by the frightful precipice,
or hushed into silence, as he moves slowly and
cautiously on the narrow track, that spans
some chasm in the mountain. But, scarcely is
the dangerous passage overcome, before his ap
prehensions are forgotten in the wild, exci
ting scenery, which bursts upon his view.
Above, and around him, the mountains tower
in all their grandeur and sublimity, while be
neath his feet, glides the placid stream, as calm
and gentle as the morning in Spring. At an
other time, es the cars are drawn at the rate of
thirty to forty miles an hour, over an extend'
ed plain, splendid mansions, at limited inter'
vals, meet the view, and testily to the produc
tiveness of the soil, and the industry aud in
teltigence of the farmer.
The population of Memphis, is said to he be.
tween twenty and thirty thousand. It is a fine
city, on the eastern shore of the Mississippi riv'
er, and can boast of public and private build
ings, that would be regarded as an ornament
in any country. It is, emphatically, a business
city, and the almost hourly arrival of cars and
steamboats, hear ample testimony to this fact.
From ten to fifteen large boats were lying at
the wharfs, receiving and discharging their
reight, and some of them, had the appearance
of magnificent castles upon the water. The
river, opporite the city, is about one mile wide,
and two steamboats are passing backward and
forward, every hour in the day, for the accom
modation of passengers. Htffe travelers and
emigrants find a convenient passage across the
great river of the West. I took passage with
a friend, in one of these boats, and walked for
a while on the soil of Arkansas.
The Gayoso House, a hotel, of which Mr,
Cockerel is the polite and gentlemanly propri-
tor, is a superb building. Its outward appear
ance is very imposing, and its internal arrange
ment, for comfort and accommodation, is un
surpassed, I presume, by any hotel in the South.
The rooms are large and elegantly furnished,
the servants are prompt and attentive, and the
tables are supplied with all that a splendid
market affords. It was my good fortune to he
among the delegates whom Mr, Cockerel kind,
ly entertained, and who, for four days, were
made to feel that it was no reluctant hospital
ity which he extended to us. I would thus
publicly, teuder to him my acknowledgements'
not only for his hospitality, hut for the kind
and cordial assurance which be gave us, of a
hearty welcome. His entertainment of us
was without money and without price, hut it
was also cheerful, aud without the least mani
festation of impatient reluctance, either on his
part, or that of the gentlemen at the bar. To
any of my friends or acquaintances, who con*
template a visit to Memphis, I would say, calj
at the Gayoso House, and test the truth of the
statement which I have made. I must not
neglect to state, that I was favored with an in
troduction to the Hon. Stephen A. Douglas
and his accomplished and beautiful lady, who
spent a few days in Memphis, on their way to
New Orleans. After an absence of eight days,
I returned home, grateful, I trust, for that
guardian care, which a kind Providence had
extended over me and mine.
A. T. HOLMES.
In the recent address of Hon. T. L. Cling-
mau, before the North Carolina State Fair, he
mentions, iu connection with the manufacture
of wine, and thedfficultyon the Atlantic slope
of the United States in preventing its ascen-
tious fermentation, a remarkable feet concern
ing a locality of the Western part of that
State. In a district of a few miles in extent,
on the Tyrou mountain, neither dew nor frost
is ever known. The same district is remarka
ble for the variety and excellence of its native
grapes, and they are often found in fine con
dition in the open air as late as December.—
The dryness of the atmosphere in the locality
mentioned, and its equability of temperature
are moot remarkable, and we should tike to
know more concerning it.—X. Y. Commercial
Advertiser.
A citizen of Pennsylvania, Mr. George Wash
ington Reifonyder, of Pottsville, has, it is said,
accepted Tom Hyer’s challenge to fight any
man in the world for $10,000.
Dratla mm Her.
The numerous friends of this most excel
lent Divine; will learn with sorrow and re
gret that he expired Thursday, 2d inst., at his
residence in Burke county. The ocarion of
his death is melancholy in the extreme, being
a fall from the second story of his gin-house
four days before.—Chronicle tf Sentinel.
“A good man has fallen.” „
SB—■—-HBHB
* SPEEClp
$rt Moa. J. I. WHITAKER, ef wit*
Ox tor Bile striking out the clause of the
CONSTITUTION, FORBIDDING THB IlfPORTAVION
or Slaves from Africa. Delivered
in the Senate of Georgia, oh
Tuesday, Nov. 23, 1858.
Mr. Whitaker arose, and said :
Mr. President and Senators.—I have listened
to the discussion on this question, anil feeling
called upon, to cast my vote for or against it,
I am not willing to do so, without first giving
the reasons which influence my vote.
I agree with the Senator from Stewart, in
not desiring to change a single vote on this
question. At the same time, I believe it to be
one of the most important questions, that has
come before us this Session. I mean by that,
that I look upon the action that will grow out
of the settlement of this question, that wiU be
heralded throughout the length and breadth
of this land, as being more or less for good or
foi 1 evil, to the whole country.
I have not prepared any remarks to submit
to you. I shall talk in a way that seems just,
right, and proper in my judgment.
And what is the question ? It is this: Shall
we strike out from the Constitution, a clause
which declares that there shall lie “no future
importation of Slaves from Africa, or any oth
er place.”
1 listened on last Saturday for a reason, why
this bill should not pass. And I have listen
ed to-day, for a similar reason. And I have
listened, to hear what effect the action of the
Senate, would produce on this subject. Sir,
the discussion has taken a wide range, it has
gone off on the reopening of the Slave Trade, (a
question not now before the Senate) and we
have heard from the lips of Senators, that this
clause is a foul blot on the escutcheon of our
State. I had uothing to do with bringing this
hill before the General Assembly, either di
rectly or indirectly, but it is before us, aud act
upou it I must, and will. 1 do uot seek to
avoid it. Sir, in 1787, the convention that
adopted the Constitution of the United States,
said that there should be no more immigration
to this country, of persons from Africa, from
and after the year 1808. A good and great
man presided over that Convention. And the
Constitution there made, is the one that we all
love, and which we should maintain, so long
as our rights are protected it. But, Mr. Pres
ident anu Senators, I desire to call your atten
tion directly to the objects of the proposed
amendment. What does the hill before us pro
pose to do ? It simply proposes to strike out
spf the 1 ltli Sec. of the 4th Art. of the Consti
tution of the State of Georgia, that clause wliich
says there shall lie “no future importation of
Slaves from Africa, or any foreign place, after
the first day of October next.” 'Ihat Consti
tution was adopted the 30tli day of May, in the
year-1708, at the seat of Government at Louis
ville, in this State. There were only twenty-
four Counties represented iu that Convention,
containing a white population of 200,000, and
a slave population of about 80,000. Now Sir,
what were the circumstances that existed at its
adoption ? What prompted our fathers to in
sert sueh a clause in their Constitution, to for
bid the importation of slaves, after the time
mentioned, when the Constitution of the Uni
te*! States permitted their importation until
1808. Our lathers had, in their judgmeut, a
sufficient reason for their action, and we are to
believe they were good and true men. They
desired to prevent the British merchants, and
the merchants of the Northern States, who
w'ere actively engaged iu sending cargoes of
slaves to ports of the United States, to pre
vent them from bringing them to the ports of
Georgia. They thought it wrong, and against
the policy of Georgia^to receive into her boun
daries more slaves than she then possessed.
But I will ask the Senate if it would now justi
fy the putting of this prohibition in the Con
stitution, that is, suppose the same circumstan
ces existed now, that existed then, would they
be in favor of the prohibition ? Sir, circumt
stances have changed, we live in a difleren-
day from that iu which they lived. I ask the
Senate, if we should take for our guidance, the
circumstances under which they ayted. What
harm could result to Georgia, what mischief,
hv taking this clause from the Constitution,
and that too, without expressing any opinion
as to the subject of re-opening the Slave Trade ?
I for one, am at present opposed to the reopen
ing of that trade, but that question is not in
volved in tlie measure before us, “Sufficient
unto the day is the evil thereof.” We have
to meet the question as we And it. I will ask
Senators, suppose this question was presented
to the people of Georgia, now for the first time,
to insert this prohibition in their Constitution,
or to revoke it a part of their platform, if
they believe that the people would adopt it ?
Sir, it is the Constitution of my State, and I
respect it, but unlike the Senator from Telfair,
who says he is opposed to any alteration of the
Constitution, and in that he goes much far
ther than the delegates themselves, who con
templated its alteration, ami proposed the
means of its alteration. And the history of
Georgia Legislation, shows that it has been of
ten altered. What do we propose? Simply to
take out those w r ords, wliich no political meet
ing in Georgia, dare adopt. No one supposes
that this would have any influence in reopen
ing the African Slave Trade, which is said, woud
he a violation of the Constitution of the Uni
ted States. I am in favor of that instrument
remaining as it is. I am also in fovor of equal
rights and privileges under tliat Constitution.
But Sir, it has been said that in Congress and
out of Congress when the Slavery question has
been agitated East, West, North and South,
our enemies by that Georgia, condemns the im
portation of Slaves from foreign countries.—
We hold such remarks to be unkiud, and un
generous on their part towards us, nor can I
ever subscribe to the sentiment that our Fath
ers, put a foul blot ou our State Constitution.
You have only to look to the names, of those
who framed this instrument, to refute such an
idea. Those men need not the defence of
any on this floor. They were men who lived
in time of trouble, men who gave their money
and their time, to the interest of Georgia and
of the Union, men who were willing to sacri
fice every tiling that they had ; but sir. I trust
that I will not be considered iu any way disres
pectful to their memory to contend for the
right to alter this Constitution, for they pro
vided the means ofits alteration. They never
entailed such a doctrine on us as that we should
never alter it.
Now sir, I will define my position. Iu the
year 1798, under the circumstances which tiien
existed, our Fathers thought it necessary to
insert this clause in the constitution. We of the
present day think that there is no longer any
need for it to reman there ; and if striking out
the clause under consideration and doing what
is right in the premises, as some think, should
break up a party, let the party go ! If a fair
administration of the government breaks up a
party, let the party go ! If the granting of
equality and equal rights, breaks up the gov
ernment, let it go! All we ask is justice, all we
ask is equal rights and we will not consent to
anything else, at the hands of the Federal
Government. The South has never made any
war upon the general government, or upon
the country, but honr has it been with the
North. She has waged war against the South,
From the year 1787. at the adoption of the
Constitution until the present time. In proof
of this, go to the ordinance of 1787, the Mis
souri Compromise. Go to tjie acts of the gen
eral government in relation to Oregon and the
organization of the Western Territories, and
the refusal to deliver up your fugitive slaves,
and say whether your rights have been respec
ted ? You have been treated with indignity
and insult! How have you been treated ? J
have always, held and maintained tliat Con
gress has no right to legislate on the subject
of Slavery and that she should abstain from
all inteference with it. 1 desire that we may
all live in peace together. But you talk about
platforms an resolutions, I have been disgust
ed with the whole of it. I want the resolve
that while we will never submit to anything
that is wrongs we will contend for nothing
but what is right in a reasonable way. That is
the best resolution. Talk about your rights
under the Federal Government; the whole of
it is in Platforms and Resolutions! Let upon
this bUl, as well as all other questions affect
ing our rights lie as the horses in Paraoh’s
Chariot, let us all puU together. I feel un
willing to cast my vote against this bill. I
am determined to do nothing, that will go di
rectly or indirectly into the hands of those who
are making war against ns.
Sir, who can it injure, if we pass the bill ?—
Let it go before the people ! If the people do
not want it, they can say so and when they
elect members aud send them here, they can
instruct them to vote against it, on its second
passage. You will have time to reflect upon
the matter. I have concluded so for as I am con
cerned to take my position and vote for the bill
I trust it will not be said however, that those
who vote against it are untrue to the inter
ests of the South. There are none of us, I trust
untrue to the interests of Georgia, or the rights
of the South. As to the alterations of the con
stitution, it is tike all other amendments, they
must be made as the circumstances demand
them.
The question I repeat has nothing to do witl?
re-opening the Slave Trade. If that question
were now before us we should have to meet it.
But it is not before us. The portrait of that
gentleman (Gov. Troup,) was alluded to the
other day, who said, “When the argument is
exhausted let us stand by our arms.” Yes sir
I say when our rights are at stake, when the
el.,
arms.’
question is, shall we
And let us stand by our jfight*.^ .
Mr.. President and Senators, I the „
would not hive made any remarks an
queilion. Bat I felt called upon to give
reasons for casting my vote according
honest dictate, of my conscience. I have no
complaint to make of others who may enter
tain a different opinion, but as for mysgf, J
shall vote for the bill.
On Wednesday evening at 1 o’clock, the
Senate met; and after some itiffteulty in <>b-
ig a quorum, mad the Senate '
time, and Hq§|e bjllstha first and second
Bills i
Mtltcffgevltle CarceapmMaace..
SENATE.
Wednesday, December 1st 1858.
Editors or Intelugrkcbi :—The Senate
met. Mr. Shropshire moved to expunge from
the records of the Journal, the memorial from
certain citizens of Coweta, Troup and Meri
wether which reflected on their Honors Judges
Benning and McDonald for their late decision
in the Bank case.
Mr. Whitaker was in fovor of keeping the
memorial from the Journal, and had reques
ted the Senator from Chattooga to give no
tice of a motion to reconsider. He had on
the previous day attempted so to dispose of
the memorials that they should form no part
of the record, but without success. He|hoped
now that the Senator from Chattooga who
had given notice at tha time when the mat
ter was read by the Secretary that .he. would
reconsider. He hoped that he would still
make that motion.
On the question to expunge from the rec
ords of the Clerk there arose a point of or
der as to whether they had the power to
expunge; and the decision of the Chair was
asked.
The Chair decided that the power to amend
and correct the Journal gave the power to
exclude such matter as had been improperly
place*} there. He read from Jefferson’s Man
ual to show that on the actions on memorials
and other tike matter, it was only necessary
to give a brief account of the nature of the
matter on which action was had; that there
fore there was no necessity why the memorial
should have been entered on the Journal.
Mr. Strickland of Forsyth appealed from
the decision of the Chair and contended that
inasmuch as various motions had Leeli taken
on the memorial, it properly formed a part
of the record aud could not be expunged.
On the motion to sustaiu the decision of the
Chair the Yeas were 47, Nays 67. So the de
cision of the Chair was overruled, and the
motion to expunge was not put.
On motion the rules were suspended to take
up the following resolutions offered by Mr.
Cooper of Scriven:
Whereas, there exists great and almost
universal dissatisfaction among the people
throughout the State of Georgia on account
of the late decision of the Supreme Court in
the case of Alexander J. Robinson vs. Eras
mus Beall.
And whereas, in the opinion of this Legis
lature, tliat decision was uot iu accordance
with the policy of the State, hut on the contra
ry has revived principles long sinrc obsoltee
and void. And whereas as is well known
this dissatisfaction is alone with two of the
Judges Henry L. Benniug and Charles J. Mc
Donald, and is of so wide and deep-natured a
character in the minds of the people as to
bring the Court into merited disrepute, aud
will most inevitably and speedily lead to its
total abolition by the voice of the people un
less this feeling he alleged and their confi
dence restored.
Therefore he it resolved by the Senate and
H. of R. of the State of Georgia iu general
assembly met, that their Honors Hanry L.
Benning aud Charles J. McDonald are hereby
advised and requested to resign’ forth
with their seats as Judges of the Supreme Court
of Georgia.
On these resolutions there was quite an ani
mated and exciting debate. Mr. Cooper began
the discussion and after he had concluded
moved to strike out from the resolution the
name of Charles J. McDonald.
Messrs. Reynolds and Billups advocated the
same side aud Messrs. Colquit and Gibson op-
gosed the resolution.
The discussion we learn will he published.
Mr. Whitaker had the floor, but gave way to
a motion to adjourn.
Wednesday Afternoon 3 o’clock P. M.
The Senate met according to adjournment.
Mr. Whit&kea who had the floor, gave way
to a motion to suspend the rules to introduce
new matter and hike up bills for the third
reading—this being the last day for Ihe intro
duction of new matter.
CALL OF COUNTIES.
Mr. Bartlett, a bill to alter the Consti
tution so as to reduce the number of Senators.
Mr. Cooper, a hill to protect religious so
cieties in the enjoyment of their rights and
privileges.
Mr. Hill of Harris, a hill to extend the cor
porate limits of the town of Hamilton.
Mr. McGuire, a bill for the relief of James
Hagons.
Mr. Beall, a hill to make uniform the liens
in relation to slander.
Mr. Gordon, a resolution that his Excellen
cy the Governor be requested to permit two
copies of Cobb’s Digest and the Laws of Geor
gia for two districts in Walker.
Mr. Slaughter, a bill to protect the rights
of the people of Georgia from violation by
Congress by other States.
Mr. Stripling, a bill to incorporate the town
of Reid ville in Tattnall county.
Mr. Thomas, a hill to explain the act in re
lation to poor school children.
Mr. Henry of Worth, a bill to amend the
law in relation to Congressional Districts.
Mr, Williams of Terrell, a bill to regulate
the election of Marshal and Treasurer in the
town af Dawson in Terrell county.
The resolution of the House was taken to-
wit : That the General Assembly adjourn on
Saturday 11th of December sine die. Adopted.
A resolution was adopted fixing the time of
the meeting oi the Senate at 9J A. M., 3 and 7
P. M. and adjournment at 14,5 and 9 P. M.
limited time of members speaking to five
minutes.
Several bills of a local nature were passed.
Agreed to confine the business of the evening
sessions for the present to reading Senate hills
2nd time, and House bills 1st and 2nd.times.
The Senate on motion adjourned till 7
o’clock P. M. S.
SENATE.
Thursday, Dec. 3, 1858. 9 oclock.
Editors of Intelligencer :—On Wednesday
evening the Senate met according to adjourn
ment, and after reading of its own bills the
second time, and House hills first and second
time passed a few merely' local hills.
On Thursday at 9 o'clock, a. m., the Sen
ate met.
Mr. Johnson of Fayette desired to know of
the Senate if the fact that his residence
was at this time in the new county which
had been organized, prevented him from
being considered a proper Representative
from the county of Fayette.
The Chair decided that the Senater was
properly a member of the body, from which
there was no appeal taken.
On motion of Mr. Whitaker. John W. Lew
is, Superintepdant of the W. & A. R. R., was
invited to a seat on the floor.
The resolutions requesting their Honors
Judges Benning and McDonald to resign their
seats as Judges of the Supreme Court of Geor
gia was taken up.
The first business was the motion of the
Senator from Muscogee, (Mr. Colquitt,) to lay
the resolutions on the table for the balance of
the Session. .
Mr. Whitaker had the floor ; He argued the
question at length ; and permit me to say
that this has been the great speech of the
Session, at least so far as the Senate is concer
ned. He completely demolished every argu
ment that had been urged in fovor of request
ing their Honors to resign. I doubt not you
will agree with me when you read the speech,
for it will be published, tbat it leaves no
ground for these who introduced the resolu
tions to stand upon. Mr. W. has sustained
the Senatorial dignity, he has been prompt on
every occasion to express his opinions, and
Atlanta could have no better representative of
her interest. As the speech will be published
you will have an opportunity of judging for
yourself. On the motion to lay the resolu
tions on the table the balance of the session,
the yeas were 65, nays 47. There were mem
bers we know not how many who voted in the
negative that would not have voted for the
resolution, particularly the body of the reso
lution. Some were in favor only of the pre
amble.
The rest of the day until the evening ses
sion was occupied in discussing the bill provi
ding for additional penalties on thesebanks
which had foiled to comply with the provis
ions of the act of 1857. The farther consider
ation of that bill was postponed late in the af
ternoon to Saturday next.
SENATE.
Thursday, Dec. 3, 9} o’clock, a. m.
Editors or Intnumukcne :—I neglected to
notice in my communication of yesterday,
tliat a bill for providing a means for the re
covery iff the value of fugitive slaves iu the
possession of persons in non-slaveholding
States, refusing to deliver np such fugitives,
by issuing garnishments against persons ow
ing debts in such States. The bill after some
discussion was lost.
A bill to amend'the act incorporating; "the
Bank of Fnlfbn-^passbd.
A bill to authorize the teachers of poor
school children in the county of Calhoun to
charge for books furnished such children.—
Provisions ofthe bill extended to Columbia
county. Passed.
A bill to authorise any justice of the Infer!
or Court to administer oath to Justices of the
Peace. Passed.
A bill to establish a tobacco Inspector in
the town of Canton, Cherokee county. Pas
sed.
A bill to incorporate the A. J. Miller Lodge
No. 204 of free and accepted masons. Pas
sed.
A bill to give John G. Woodward of the
county of Emanuel, leave to peddle without
license in the State. Amended by confining
him fo the county of Emanuel, and passed.
A bill to incorporate the Springer Gold and
Copper Mining Company. Amended by Mr.
Hill of Harris, by inserting the personal lia
bility clause and a clause giving the State the
power to alter or revoke the charter, in the
event that she thinks it to her interest so to
do. Passed.
A bill to incorporate the Ellijay Gold and
Copper Mining Company. On this bill Mr.
Hill of Harris as usual proposed to incorporate
the personal liability clause.
Mr. Gibson spoke warmly and eloquently
against the insertion of such a clause, a clause
that would to all intense and purposes pre
vent the corporation from being formed. He
represented a city of Banks, and he knew tliat
much of the funds of such institutions were in
the hands of widows and orphans : aye often
the widows aud orphans of these men who
have spent a great portion of their lives inthe
State.
The money necessary for beginning large
enterprises like these, fifty or a hundred
thousand dollars are often required to begin
such enterprises ; and foreign capital from
Augusta, Charleston or New York, often en
ter into such enterprises. But as capitalists
who furnish the means, cannot he present if
they were made liable for the debts of the
whole company, they would not invest.
Mr. Hill of Harris spoke in favor of the
clause. He reviewed the history of corpora
tions in Georgia and showed that large sums
had been lost to the people by corporations.
He thought that the people had expressed
their opinion in fovor of such a measure,
and he wished to respect their opinion.
Mr. Briscoe was in fovor of inserting the
personal liability clause in every case of
Banks, for they had but little visible property
as corporations except the small office in
which they did business ; and there were ex
traordinary powers conferred on them to wit
the power to issue three dollars to one of spe
cie which they had, But in mining corpora
tions there was visible property, land aud ma
chinery, were the assets of the company, and
these would ever stand for the payment of its
debts.
Mr. Tucker of Stewart was in fovor of the
insertion of the clause and would rejoice if it
was inserted in the charter of every Bank and
other corporation.
Mr. Stubbs of Bibb, spoke against the in
sertion.
Mr. Harris of Worth had noticed that the
objection to the clause from those who repre
sented Bank interests.
The clause was inserted.
A hill to incorporate the Marietta Paper
Mill Company. The same clause was sought
but without success to be fastened on that
bill. The bill was passed.
A bill for the relief of Thomas Farrar of
Whitfield. Amended by furnishing the same,
relief to Emily Gay. Passed.
The Senate then adlourned till 9J o'clock,
to-morrow morning.
SENATE.
Friday Morning, 9J o’clock.
The Senate met.
Mr Tucker moved to reconsider so much of
the action of the Senate as related to the loss
of the hill for the protection of persons having
fugitive slaves in non-slaveholding States
which refuse to give them up. The motion
prevailed.
The Senate also reconsidered the action in
the passage of the bill for the incorporation of
the Ellijay Gold and Copper Mining Compa
ny. The object in reconsidering was to get
rid of the personal liability clause.
The Senate refused to pardon Burton A.
Brooks of Harris, by a vote of yeas 42 navs
54.
A hill to appoint a master of equity in the
several counties of the Cherokee Circuit.—
Made a general bill and passed.
A hill altering and defining the rights of
aliens, giving them the (lower to purchase and
transfer real estate. Lost. Yeas 11, nays
85.
Senate adjourned till 3 o’clock, p. in.
3 O’CLOCK, P. M.
The Senate met.
Bills on 2bird Reading.
A bill to encourage and protect persons in
improvements which they have made on
lands.
On motien of Mr. Stubbs the caption was
amended by inserting the words * 'and to in
crease litigation.” Laid on the table for the
present.
A bill to amend the 3rd article of the Con
stitution, providing for the election of an At
torney General. Lost.
A hill providing for making a return of the
Militia of the State, tor suspending militia
muster iu time of peace and providing for its
resumption in time of war. Amended and
passed.
A bill to add an additional section to the penal
code in relation to slander, making it a penal
offence to call another liar, fool, scoundrel, or
rascal. It was moved to lay tho bill on the
table for the balance of the session.
The yeas and nays were ordered, yeas 54
nays 48, so the bill was lost.
A bill to amend the act iu relation to con
tinuances. Lost, yeas 42.
A bill to compel free persons of color to
leave the State. Lost.
A bill to prescribe the manner in which
precincts may be made and abolished. Lost.
A bill to incorporate the Lumpkin & Flor
ence Railroad. Amended by giving the Gen
eral Assembly power to repeal modify or alter
the charter, and passed.
A bill to repeal the act providing for the
trial of slaves or free persons of color by the
Superior Court. Laid on the table for the
present.
A bill amendatory of ’the acting provides
for the trial of free persons of color. Lost.
A bill to alter the law in relation to the
election of Solicitors. Passed
A bill to incorporate Bainbridge Bank.—
Laid on the table for the presentr
A bill in relation to bonds given in cases
under the degree of felony. Lost.
A bill to encourage the internal improve
ments in the State. Lost.
A bill to regulate the rates of insurance to
be charged by foreign insurance companies.—
Laid on the table for the present.
Adjourned till 9 1-2 to morrow morning.
The Cincinnati Price Current of the 1st inst.,
lias the following in regard to the Hog and
Provision markets :
Another week of the great speculative
movement is ended; and instead of the cour
age of the “bulls’ having diminished under the
influence of large receipt, and hut a very
moderate legitimate demand, it lias become 1
stronger, and the boldest strokes in buying
for a rise, ever made in this market, were
made last week. The truth is the ideas of
the short crop men are for beyond all previous
calculation, and the excitement runs so high
that adventures which in other years would
have amazed the trade are regarded as mere
mrtters of course, because of their frequent oc
currence.
The weather with the exception of Sunday
and Monday, has been favorable for curing
meat, and the trade has met with but little
trouble on this head, |The Hogs which arrived
during the week have been generally light,
and not over two thirds of them fit to make
Mess Pork. Indeed, our packers inform us
that in some cases lots averaging 200 Disprove
too light in the tides to make good mess. It
should also be remarked, that very heavy lots
Qf hogs arrive daily, but there can be hut little
doubt that fanners who have corn plenty are
feeding still, and will feed late so tliat the
heaviest hogs will be brought to market
the present month. The advance during the
week has been 50c per cwt., and the market
doses bouyant at $6.25 @ $6.76-for hogs
averaging 160 to 200 lie. aud $6.85 to $7 for
heavy, and we noticed at the dose $7.25
asked for a lot averaging 2501«—and should
the receipts be light for the next day or two
there is little doubt that this rate will be ob
tained. The most daring operation during
the week, perhaps, was mrde yesterday morn
ing, viz : A sale 10,000 head, averaging 200
bat $6.24, lobe delivered the first two weeks
in January next. Ten thousand dollars was
deposited by each patty to bind the bargain.
Good humor is the bine sky of the soul, in
which everv star of talent will shine motfodear-
Of Horn j. fc wUTkltEk t Vmtum
Or the Resolutions requesting ibe desiona-
noN of Judges Penning and McDonald,
Thursday, Dec. 2, 1858.
Hr. Whitaker : Mr. President, I promise
not to detainrthe Senate long'in the .Remarks
which T shaif make showing the reasons which
influence me in the vote that I Shall give.—-
The resolutions of the Senator from Sc riven
Mr. Cooper) touching the official conduct of
Judges Benning and McDonald , and their de
cision in Macon, and calling upon the General
Assembly to ask them in solemn form to resign
is a new feature in the legislation of our coun
try. The rights of the people to assemble in
primary meetings and to pass upon the con
duct of their officials I concede. The right
for them to approve or disapprove of their
conduct and even the right to request these
officials to resign I admit. The source of all
power isj the people, but it becomes this
Senate without being influenced by any par
tiality for or against the Judges in question
to see whether the principle involved in the
resolution, is in accordance with the Consti
tution. The complaint alleged against their
Honors Judges Benning and McDonald fo that
they have made a decision that fo contrary to
law, and contrary to the policy of the State.—
Without discussing that decision, Mr. Presi
dent and Senators, I shall pass from that
branch of the subject. Whatever importance
may be attached to the decision whether in
the minds of the Senators or of the pecple, it
is not in our power now to alter it. It fo not
our place to alter that *1 citiou in this way.
We heard mnch about the voice of the people,
the excitement of the people; let us this morn
ing come to the Constitution of our State to
see what is the voice of the country. I read
from that instrument. The first Article of that
Constitution says: “The Legislative, the Exe
cutive and the Judiciary departments of Gov
ernment shall he distinct and each department
shall be confided to a seperate body of Magis
tracy; and no person or collection of persons
being of one of those departments shall exer
cise any power properly attached to either of
the others, except in the instances herein ez-
pressly permitted.” This is the voice of the
people; written down by the framers of the
Constitution, creating three departments of
Government co-equal co-ordinate, seperate^
and distinct: thereby erecting three great pil
lars of Truth, one of Wisdom, one oi Justice,
and one of Moderation.
Now sir what is the Legislative power
which we are called upon by this resolution to
exercise “The Legislative power shall be ves
ted in two seperate and distinct branches to-
wit:a Senate andJHouse of represeutativesjto be
styled the General Assembly, possessing the
power to legislate lor the good of the people.”
Now sir, we have those ancient land marks by
which we are to he governed and in consider
ing this question I propose to discuss first the
great constitutional right to see if it would
lie judicious to the resolution before us I de
sire in this discussion not to cast the slight
est reflection upon any Senator. I am forbid
den. The Constitution forbids it, the rules of
the Senate forbids it, no member of.the Senate
is allowed to indglge in personality or reflec
tion on another and I have none to cast. —
Therefore I pass from that branch of the sub
ject. I feel the responsibility resting on me
iu the discussion of this subject. I ask then
where is the Executive power vested ? The
second Article of the Constitution says : “It
shall he vested in a Governor who shall hold
his office during a term of two years and until
such time as a successor shall be choseu and
qualified.” Hi*s duties will he found intlie
constitution and the laws of the State.
The next is the Judiciary department and
in whom is it vested? The third Article of
the Constftuti* n says: “The Judiciary depart
ment of the State shall be vested in a Su
preme Court for the correction of errors, a
Superior, Inferior and Justice’s Court and in
such other Courts as the Legislature shall
from time to time ordain and establish. The
Supreme Court shall consist of three Judges.
This is the Constitution the people speaking
through a written form who shall he elected
by the Legislature for such a term of years as
shall be prescribed by law and shall continue
iu office until their successors shall he elected
aud qualified; removable by the Governor on
the address of two thirds of both branches of
the General Assembly for that purpose or by
impeachment and conviction therin. The said
Court shall have no original jurisdiction, but
shall be a Court alone for the trial and correc
tion of errors in law and equity from the Su
perior Courts of the several circuits.” Now
sir, the people have thus spoken through the
delegates who framed this Constitution. It
is due that such should have a decent respect
for the others. The principles of comity de
mand it. The interests of society demand it.
Then may it be well said tliat this resolutio n
brings up a great question calling as it does
upon one branch of Government to request
the functionaries of another to resign. And
for wliat sir ? Forsooth it is alleged they
have made an erroneous decisiou. From the
argument that has been made on this question
tit would seem that this was almost the first
error ever committed by a court in your coun
try. But these men are human, they are
mortals and "it is human, to err.” Sir, Ido
not feel at liberty as I have alrendy stated to
discuss the decision at this time. It is my lot
with my humble judgment, and my concep
tion of the law, not to agree with a majority
of that Court. But how are we to affect or
alter that dreition by the passage of the reso
lution under consideration ? There is uot a
lawyer nor gentleman of science or informa
tion in Georgia who will uot admit when he
comes to examine Blackstoue’s Commentaries,
that the common law dictum too plain to be
misunderstood is that all liabilities to and
from a corporation expire with the charter
which dictum is of force iu this State by the
statuo of 1784 ; aud the only question there
fore that can lie raised therefore is the appli
cation of the principle and there alone do I
differ with the majority of the Court. But
what signifies all that ? If gentlemen wish to
correct this decision they must commence in
the right way. Not by making insinuations
against the characters of the Judges. If you
allege bribery, corruption, in the name of
justice let the charge be made and you have
the remedy pointed out in the Constitution
just read. Come up then and call for the ad
dress of two-thirds of the General Assembly or
for an act of impeachment. But this resolu
tion of the Sena tor from Scriven does not
propose any such thing, hut simply requests
them to resign and that is the point before
us. Then Mr. President by an examination
of this instrument yon see at once that this
proceedure is outside of the Constitution out
side of the duties of the General Assembly.—
What would be the result Sir, were we toes-
tablish such a precedent ? What will be its
effects? In the first place it would be stultify
ing ourselves, and also it would be rendering
ourselves incompetent triors, should we be
called to pass on the case, to illustrfite. sup
pose we should be called upon to pass, on their
cases in the way the Constitution was pointed
but would not a decent respect for ourselves
and the Department we represent demands
they should stand erect and uncommitted ?
On the other hand the presumption of law is
in favor of every officer that he discharges his
duty, if in favor of every citizen that he is a
good citizen, until the contrary be made to
appear. But this resolution did not recog
nize this principle. Adopt it and what would
be the consequence? The consequence would
be that the Court and the learned wisdom of
the country would see that we were interfering
with another department of government.
Mr. President ap*l Senators coqltl qot tips
Senate >yith as much propriety pass a resolu
tion asking the Executive to resign ? or sup
pose that the Supreme Court not content with
interpreting the law aud dechliug which
act is according to the Constitution or not,
should conie to the conclusion that our legis
lation was unwise and contrary to the best in
terests of the State. Sir, with equal propriety
could they pass a resolution requesting the
mrinbers of the Senate to resign, and have it
entered upon their records and published to
th e country. It is a bad rule that will uot
work both ways.
Again, Sir, the Governor of your State wit
nessing your proceediugs, and from your
deportment concludes that you were not
representing the will of the People ; might he
not with equal propriety, request you to re
sign ? I ask Senators suppose a message from
that Executive should come up and be read
from the desk of your Secretary saying that
he had come to the deliberate conclusion that
the best interest of the country required your
return home. How would the Senate re
ceive it ? How would they treat this mes
sage ? The response would go up that the
Executive was interfering with the Legislative
Department. Or suppose that we should
send a resolution to his Excellency requesting
him to resign, and what would be his reply ?
Why, sir, that the Legislature had better at
tend to its own business, and a good reply it
would be. We ought to come to the conclu
sion, then, that as members of the Legislature
ire are outride of our duty in attempting to
pass such a resolution. Such would be the
working of that principle, aa would strike
down oue of the fundamental pUlarsjof our
government. Sir, it would produce a collis
ion between the departments of Government
more destructive and disastrous than 1ms ever
occurred on Rail Ronds or many other way,
in this or any other country. Chet your eye
to the Federal Government, and see how it
would work there. There are three Depart
ments off
gress and i
atora iff*
kind i
al government, 1
rr^kleut, cw 1
of either to :
what wowlff be
interfering with’
thus of acting out
And here let it.be remarked iu
citiou, but as one of the People, I haveT'.i
to express my approbation or disapprov/*™
of any public functionary in the State .“"T*
United Stales, (and lam glad that I fr! ^
der a government so tolerative, so"
glorious in its principles,) and no 0 Va5
molest me oi make me afraid. But air Jr*
But.tir.r
I am called upon as a Senator, whenP •• •
ate focalleduponin the capacity of
express such disapprobation, the ruhf^l*' 0
ged. We have a right aa citizens to einU^
our sentiments in primary meetings 6 *^??
struct our Representatives on ’* ^'
public policy how to act, or torequesttW
to resign ? But as a Senate, or as citizens^
have no right to instruct onr Judges homo,
decide law, the man who and.on the bet*?
would be controlled in his decision, by pnur
opinion alone, fo unworthy the name of anuT
fo unworthy the human form, or even efol
tence in this life. He must decide wbatT I
thinks to be the law of the land. Sir, j
heard many complaints made against ’the cb I
cuit Judges and have sometimes felt mnqj^l I
mlian Ikov have rtui'iitoil otrainat w.„ i
when they have decided against me, but tk !
not to decide to Bait the views
ought not to aeciae to suit tne views of *n'
one but only cm what they believe befoil
God, and under their oath to be the law of tL I
land. That is the honest man. I have aeT
the crowd gather and the clamor raised fat i
blood in your Superior Courts, and I hay
seen the Judge tit calmly and deliberately >2
ministering justice, and after the excitement
had subsided the Judge was acknowledged to
be right. The man who would act otherwise
is not worthy to tit upon tne right of proper
ty or the life of a citizen. I see that nothin!!
t nothin?
but difficulties, nothing but collisions in
adopting the policy recommended by these
resolutions, and I say it with all due respect
to the Senator who offered it. I gay it with
all due respect to every Senator who may be
in fovor of it. Let us then be free from ex-
citement. Let wisdom, Justice and modem,
tion characterize onr acts. Let each depart
ment act within its own sphere. Then I gee
nothing but beauty and strength in the work
ings of our Government. In this discussion
I have sought only to represent in part the
branch of the government to which 1 at pr rt .
ent belong, trusting as 1 do that I Lave iomv
breast a due feeling of respect for the other
two branches and going upon tke grand prim
ciple of self preservation namely : Tliat we
must liave respect for our owu branch, or it
will not be respected by the others, then we
must respect the others or they will uot res
pect us. I have endeavored Senators to meet
this question as it is made before the Senate.
It has been said that there was a bill which
would bear upon this decision. If so, I am
prepared to meet it and to vote for any meas
ure tliat will carry the will and interest of the
People, as well as to promote the end of jus
tice. As to the character of the men involved
in this resolution, they need no defence from
me. The presumption of law fo in their favor.
On examining the subject to see whether
we have any jurisdiction in the case before us
I have come to the conclusion that we have
no right as a Senate to request these Judges
to resign ? That it would be ruinous policy
to do so. In conclusion let us rememberthe
motto of our State. Let us remember our du
ties and when we know them let us discharge
them be the consequences what they may. j
am clearly of the opinion that the resolution
is out of order and therefore 1 cannot support
it.
A Model Merchant.
A letter from London, dated last month, we
find going the round of our exchanges under
the above heading : - --
I dined yesterday with——, who may well
be called a model merchant; not because busi
ness seems the butines of hfe life, but precisely
beeause it is not so. -He makes business sub
servient to him; he fonever the slave of husi-
I was asking him after dinner about
the colonial trade, of which he is thoroughly
conversant, but to my surprise he waived re
ply, very politely, however, and said : “Come
to my counting room in business hours, be
tween 12 and 3, and I will give you all the
information you want. 1 have made it a rule
for many years never to talk on business away
from business.” T*' 5 * b“* *'■>-*ii-.r
when he told mo il. . . -,.i* ,
as was absolutely nea- sar ■ *bu n
ses, and experiei . ’ • -
much could be •
counting house . ■
That he let his ■
could do; he ar : his . trinei doin
the others coulu uo' do: he had
business, making huaira-ss a pi„ ir.-,. u
as brief a pleasure as possible, confining such
thought and action within as few hours as he
could, and when he left his counting house he
would no more let commercial matters intrude
into his domestic and social life and conversa
tion, than he would let a snake into his pleas
ure grounds! “If your countrymen would
let business be an accessory and not an end of
life, they would find life a very different mat
ter than many, to my knowledge, now do.—
When I visited the States in 1849, one of the
most agreeable men I met withj in the count
ing house was ; but out of his ‘money
mill,’ as I indeed told him, he was the most
uninteresting—he could talk only of businee*
—as to books he knew nothing of their con
tents, although his library shelves were as well
filled as mine—pictures and art and literature
and music were but as so many words whose
rich significance were lost to him. What your
countrymen want most fo to shake off their fet
ters, and force themselvs into a purer aud
more life atmosphere than they inhale among
warehouses and ships. Some of them kuuw
this now, and are coming over here for ‘recre
ation,’ but it will do them no good if they fail
back into the old channels when they get
home.” ’s conservatory is a very bijuu
of exotic dream-land, and you would hardly
suppose it was the pet pleasure of a man who
does so much iu—molasses !
Petersburg Cobventlou.
Petersburg, Va., Dec. 4.—The democratic
Convention has nominated the Hon. Juki
Letcher, as a candidate for Governor. He
w-is subsequently nominated by a unanimous
vote. It is said that Mr. Letcher's most bit
ter opponents concede that he will lie elected
by 17 or 18,000 majority.
J: R. Turner was nominated as the candidate
for Attorney General.
The delegates are discussing the claims ot
the candidates for Lieutenant Governor.
The Convention will in all probability ad
journ to-night.
Pacific Railroad.—Dr. Fowlkes, the Presi
dent of this road, (says the Louisville Conner.I
left our city yesterday, for St. Louis. He went
off in fine spirits. The prospects of raising the
money, to pay off the debts of his company, are
bright. The stockholders in Kentucky are ma
king the loan of 50 cents on the dollar, very j
rapidly. No stock has been given up here,
aud none will be given up, as the collecting
agents >\\ & H. Burk hard t, inform us. It ail j
make the loan of 5ft cents per sliaye. that are j
reported ready to make it, in addition to thus:
that have already paid, the debts of the com
pany will be paid off by the 15th of January,
and the road returned to the possession of tk
rightful owners, who have most outrageously
been defrauded out of it.
An old lady said her hush nd was very fond
of peaches, and Ui.it wea his ily fault.
Fault, madam, said one h-> v can you call
that a fault *
Why, btnwise there are different ways of eat
ing them, sir My husband take- 'hem in
form of branuy,
Of Paris bounets that rose-w it, ■ wspaper,
1, worn
• trim-!
u bon-
The |
cJi-rti
. l** o I
Le Follet. says: “Bonnets are in ge
larger than they w*.-r« last year. F.
mings arc very fashionable M a. *
nets are trimmed vith colored *
mixture of white ana bhick, is at:
distingue. Straw boun t> have
trimmed with crimson, gieen ci ' v, ‘
blue velvet. Marigold coi n velw - ‘
tremely becoming to some ivtnph u.; '
should be mixed with blaci Lmquiik \
is also very good, and will b nwly
ionable this winter. We have a K*"',
of this colored crape, trimmed
the same color; small curled feat
strings, with a narrow velvet up L
Evening fashion.—Emily—“Sha.
much to-night; dear?”
lik*
Hoa Coouma.—The Boliver (Tenn.) <
ent says that this disease is playing
with the hogs in that vicinity. Thos. “I
had lost about 75. and others have lost 1 1
great many. It fo a good season for killu** f
however, and many are availing themselves |
of the opportunity of saving their meat.
Education m Naw York.—According to tH
late State census, it appears that out of * popjj
nlation of three and a half million*, tber*
about ninety-seven thousand who caai _.
read nor write—one thirty-sixth part of *
whole. 1
il