Newspaper Page Text
___ PS.5INA L..
WA9di'eiO1, Jan. 8.
biy observane. of the 8th of Janu
is-the parade of soine Irish
eWe -There were no public
dinneis e fetes, on the occasion, as there
were when Ge. Jackson was in favor, and
when office-holders and office-seekers vied
with each other in devising neans of fat.
tering the great source of emolument and
Mr. Boyle. a very old and respectable
officer or the GovernnAen, and for many
years Chief Clerk of the NavyDepartment,
has been dismissed from offic r Utriking
pasned midshipman Walsh, 'Uis office.
It is probable that Mr. W ay have
offered some provoca no tng could
justify a blow. Mr. B I rishman,
and has many, friends here.
In the Senate, to day, the graduation
land bill was discussed by Messrs. Clay of
Alabama, and Young of Illinois, both of
whom were in favor of the bill, andi by Mr.
Crittenden, who is opposed to the measure,
and to any discrimination, in favor of the
people of the new States. Mr. Young de
elared that the new States, as sovereign
ties, would not longer consent to pay tri
bute to the General Government ror their
soil: and, moreover, that it was their right
and duty to take possession of the soil, and
see that it is settled. Now. that is coming
out frankly. The pre-emption laws and
the graduation plan are indirect means of
giving up the public land to the tnew
States. Another census will give them
the wholeof the lands,-n soon as they are
strong enough, they will take the lands by
force, and refuse to pay a cent for them,
Now they take them by force-i. e. with
armies of armed squatters and demand
pre-emption for choice mill seats county
seats, and the richest lands, at the minim
am pice. The next step proposed is to
reduce the minimum tn twenty-five cents
an acre. The next thing to this will be
the demand of an absolute cession of the
lands to the States wherein they lie. It
is an important subject and ought to be set
tied, before the next apportionment-that
is, as far as any legislation of Congress
ani settle it-for, even now, the land laws
are utterly disregarded by the new States.
No question was taken ol the subject and
the debate will be continued to-morrow.
In the House of Representatives, Mr.
Camrbreleng, from the Committee ounWays
and Means, reported a bill making appro
priations for the Civil and Diplomatic ex
ponses of the Government for the year
Also. a bill to amend the act authorizing
the issue of Treasury notes, (extending
the limitation on a certain amount, to the
80th of June next.)
Mr. Pope, from the same Committee.
reported a bill making appropriations fir
the continuation of the Cumberland Road
in the States of Illinois. Ohio and Indiana.
Some debate followed, on a motion made
by Mr. Pickens. of South-Carolin,, to re
eommit the hill, with instructions to the
Committee not to report it until a majority
of the Committee should concur in so do
ing. Mr. P. stated his reason for this, to
be, that a practice was growing up in the
House, of reporting hills without the assent
of a majority of the Committee-an abuse
which he considered likely to lead to im
r oper mud uuouust tegivinismis. Itsce,rnejd,
owever, that the present bill was reported
by the assent of a majority or a quorun of
the. Committee, although the individual
members of the quorum differed in opinion
upon the bill itself. This being the case.
Mr. P. withdrew his motion. so far as re
garded the instructions, and the hill wals
re-committed; and thus the difficulty twas
disposed u -
The H -,., consented some days since,
to make the bill to post pone the fourth in
stalment of deposite with the States, thre
special order for this day. Mr. Canibre
lang, however, did nor presss it to day,ow
ing to the anxiety expressed in various
quarters of the House. to dispose of the
resolution providing for the appoitntment
of a Select Committee in the case of tlte
Swartwout defalcations. This subject was
then take up, and debased sorme time, but
the House adjourned without taking the
In the Senate, to-day, Mr Prentrs, of~
Vermont, presenuted the joint resolutions
ol the Legislature oif Vermont, instructitng
the Senators, and requesting the Rep
resentatives of that State, in Congress,
to use their efforts to alhohsh slavery in
the District of Coltimbia, and the slave
trade between the States, and tn prevent
the anaexation of Texas. The question
of reception was raised, and Mr. Bayard
moved to lay that question on the table,
which has been the tusual course in regard
to petitions from individuals. Mr. B. sub
sequently withdrew his motion, inasmuch
as the paper enmanuted from a sovereign
I8tate. The paper was received, and Mr,
Prentisui moved its printing. H e tookc oc
easton to say, that the Sotuhern gentle
men, by opposing the reception and prnnt
ing of documents of this chuaractcr were
*tiding the operations of the aborlitiontists
and lie recommended to them to receive
and dispose of the papers itn the utsual form
as the best means of allaying the excite
mnent. He said he would not condescendl
to argue the question whether a Stare htad
a right to present her views on this subject,
but not ask for the considleration of rthe
resolutions. Mr. Calhoun expressed his
tmazement that a man of Mr. Prentiss'
calm and uuimpassioned chtarnerer should
persist in urging this subject upjon thme Sen
ate, and in expressing the opimion that the
Sooth ourght to be quiet urnder nhr: inflic
tion. Mtust we, hre asked, p)ermtit thtese
men to. come here, day after day ,.atd as
sail tire South. bot~n in her hor4.i td hrer
interests? Must we perm .,,~emn to agr
tate the subject here, to arra .ne~ portion
of the Union against the other, in this
way to blast the best hopes of rm r'nd. as
they are involved in the perpetui of this
noble Union? The course of the Senator
from Vermont, for whom lie had a hrigh
respect, only served as an illtustration of the
fact, that great popular excitement carries
qaway the strongest minds. Mr. Prentiss
said he did not piropose to agitate the sub
ject here, but merely to treat the resolution
wish roper 'r,pet Mr. Eing asked Mr.
Prendis,wbat'was the use of agitating the
isnatter ikeie by r civiug and printing tbese
papers. if %,ongress could not niet on thq
subJect-whaiwas - the' purost of 'ibose
who thrust these incendiary papers upon
Us At was well known that the auowent
Congress uddertook'to act on tie subject,
the Union would be at an, ed. It wold
nut stand a day after. [No, not ni hour,
said Mr. Ualnoun.] 1, for otie, said Mr.
King, wuuld leave my seat, need go home,
nd tell uy const,tuents that the compact
was violated. He had hoped that this
body would steer clear of this subject;
though in the other House,. it bad been
agitated in the most disgraceful mai
ner. The matter was ended%y laying
Mr.P's motion, to print, on the table
yeas 29, aays8.
The graduation bill was then taken tip.
and aler a Idug discussion,the am:ndtment
of the Coumiittee, extending the right of
entry, at the reduced price,-4o persons own
ing and cultivating adjacent lands, was a
gteed to-yeas 24 nays 22.
1u the House of Representatives. Mr,
Bond, of Ohio, was entitled t) the floor,
and proceeded to address the House in a
continued speech ofsome length, the ob
jectof which was to show that there had
been no defect in tie laws as connected
with the recent def.alcatious--but that the
causes of those delalcations were to be
traced to the negligence of the oticers char.
god with the supervision of the financial
adheirs of the Government. The debate
was continued to a late hour.
Among the Executive -omnmunications
laid before the House io-day, was one of
the Secretary of lthe Treasury, (in answer
to a resolution) setting forth the caus'S
why the 'reasury Departmenit could not
expose the recent detalcations. It was
laid on the table, ant' ordered to be printed.
In the Senate, to-day, after some alholi
t ion petit ion- were presented, M r. Robbins,
irom the Committee on the Library, made
a report onl the Snithson bequest,'concit
ding with ajoint resolution for the appoint
ment of a Joinit Commiittee to consider and
report upon the plan proper for carrying
into effect the purposes ol the nmncificent
bequest. Mr.Robiin- spoke at some lengib,
in the eloquent and classical style usual to
hinm, upon tihe subject, taking a view of the
probahle purpofses of the donor andi of the
beneficial results which might he expected
front the priposeed "institution lir tile dif
fusion of knowledge among men."
Mr. Presto,a, who supported Mr. Rob
bins' viewb. spoke briefly. but eloquently,
and took occa-zio to complement the veu
erable and learned Senator fron Rhode
Island, (Mr, R.)
Mr. Robbins is now nearly eighty years
of age, and his articulation is indistinct,
but his mind retains its vigor and his genius
its fire. is language is still energetic, and
hi% imagination vivid.
Of the iany projects in respect to the
dis >osiiion of the Smithson bequest, it is
di1cult to say which will he preferred.
Onte proposition is to eltablish here, at the
Metropolis, an institutitmon fir promoting a
knowledge of Agriculture, which is un
doubtedly the origin and source of all
"knowledge among men."
The graduation land bill was taken up.
and Mr. Clay, of' Ky, spoke at length, in
support of his amendments, one or wshich
proposes a distrihaion of the proceeds of
the sale of the public lands, among all time
Otates. according to their federal numbers,
aftler July, 1840, for fve years, unless war
with a foreign power shall intervene.
Mr. Clay spoke of the great diifficulty and
importance ofsettling this flu.stion in re
gard to the disp)sition ofthe pijblic lands,
mand declared that this its in his judg
"neer, the only imethod ofr efecting the oh
ject. Seven years ago lie reporled this
project, and against all discourag*egmens,
lie had supported it. Twice it had passed
t he Senate anid once the Hlouse. It pmassedl
botie Houses by a mtajority which warran
toil the betlief, that if the P'residlenm had rL
urnied it, it would have bseen passed by a
constitutional miajoirity. So anixiouis was
lie for its passage, anid so conifld. cit was lie
that it would esctablishi thle inanmciatl initei
oet of the country on a firm basia, and
p)romote all the great initerests of the cotun
try, that lie sent a message to Getn. Jack
son, through Mr. White, of Tenn.-he not
being imiself on terms (if personial comn
munticationi with Glen. Jackson-that ir lie
would a)prove the measure, he (31r. Clay)
would retire from publcc imfe and never
w"ant to ente'r imito it againi. Genc. Jacksoti.
however, woulId neithter appr*ove the hill
nor return it, lest ii should he passed by
two-thiirds. If the bill liad pa-sted, till time
flnazncial dlimeiulties undieer wvhich we hadl
sum-hred, would hiave bt'en avoiidede. le
did tnt thinek it wouldl be niecessary, if tbis
project ws now adopted, to inicreanse the
rate of duty tin implorts. Tlhe i.arifl' might
remin undistuarbed, after 18~42, amid yet
the revenue he large enough f'or economnical
expenditures. lie would not dlisturli the
compromise either before' or af?er 1842.
But the increasing coimhmerce and pireispeiri
ty of the country afThrded ani assuranice
that the revenue would lie ample for all
necessary expenditures, without the piro
ceeds fromn the lands, antd wimhout incereas
ing the tarini' lint, if'ani addlition to the
duties should be requisita., ii cmight lie (lone,
without ratising the protective principle of
the tarifi'. A large itncrease of revenue
miight he gained, by laying duties oni tea,
silk, sugar and' (o'eeO. Mr. Clay's piropco
sition was lost--yeas 13, niays 29,
The House received Re'ports (if Com
mittees, hur ntie of' them were of'a piublic
characier. After which, the hlouse pro
eeded, during tihe residue of te nmrciing
homir, to the contsideiratio)n of the resolumtion
piroviding th at 24) 000 extra copies of cer
im.itpublic documnents lie teprinited. No
gouestiotn on the original resoltirios wsas ta
ken, but ant amenidmeent proeosiig to) strike
outt a port ion of thiemi wits rejected.
Th'le Ilouse then wenit ito Committee
of the Whcole oti thme state of ther Uniion,
on certaini Iills from the Naval CIocmmittee
-the first of whieb was a lill ma;kinmg aip.
propriations for extending amnd imtprovicng
the Navy Yark at ilroeoklyn, aind for 'otn
scructinig a dry dock there. This hill gaive
rise (as simtilar bills providing for the latter
objert niways have dlone) to a vetry long
debate, and the Ilouse adjourned without
havinug made einyedispiosition of it. A n a
mend meat was offered to it biy Mr. Payna
ter, of Pennsylvania, pro vidig ain apjpro.
ncrinnion of dianO( fnr. .. dry..c
Philadelphia. .3r, PTickeqs,oor
11poke wilh .sone warnnth in av.er
appruiliatioq4or s'dry dock at B i,
believtig that the construction of it
dispe~insablrequit toe..the Pub
Al our iuture wariwn'sti ,
the sea, itid he wa-,4bere
extending a fotrini k t o ourt
vice. It wan such boter to do lh!
to squander the public money iin '
tempts to build tor ificatiuns over aiha6 t
of two thouud miles of coast, oj in;1jJ
ing on immense standing army wieh
would not be adequate to our defenb' 'i
he was opposed to loiding the OilL' n
with appropriations for similar oj - '-n
places where they were not required . Mr.
W, Thopton, though he commented se
verely on the niggardly spirit which bd
been manifested in those matters towa~ds
the Southern section of the Union, said he
should nevertheless, vote in favor of .the
appropriation for Brooklyn. Subsequintly.
however, he moved to amend the hill- by
striking out all after the enacting clause,
and inserting in lieu an aptpropriation.of
$1U0,00W for the Navy Yard at Pensacia.
H. OF REPRESENTATIVES
TuYrSDAT, JaU. 10.
The Speaker laid before the House the
following message. in %writing, from the
President of the lniiedl States:
To the House of Representatitees:
I comtnicalte to the House of Repre
sentatives, in compl.ince with its reqolu
tion of the 3d instami, reports from the See
retaries of State anl War, containing all
the information called fair hy said resolu
lion now in pos;ession of the Earestive.
M. VAN BUREN.
Washington. Jan. 10, led:9
[The resolution called for information in
relation to anl invasion of the Soitth-west
ern frontier by an armed force from Teas.]
FRt DAT, Jan. 11.
The joint resolution introderd vester
day by Mr. Robbins, relative to the enith
sonian Instiinte, was considered and a
On notion or Mr. Rohhinx, the appoint.
mient of the committee on the part of the
Senate was deviolved on the President.
The Semite resumed the consideration
of the hill to provide for the redluctionl aid
gradosation of the- price of* public lands, val
the hill wax reported a ameienled to the
Senate; when, the question on conerrinu
u ith the agienlmneurn nmade in conmiittee
coining up, the first amendment was
concurred in-yeas-, nays -.
Afterson reomrkis from Messrs. Buch
anan, Clay or Alabama. Bention, Morris,
Niles. Preston, Rives, and Walker the
question was taken on concurring in the
amendment allowing the entry by etual
seolers of lands that have been hfieen yearm
in the marke: at fily cents per acre; which
aiumendment was rejected--yeas, 21
Mr. Rives then moved to postpone' the
hill indefinitely when
Mr. Morris, after some remarks, moved
anl adjourment hut withdrew it at the re
quest of Mr. Wall, to enable him to make
The President presented a communica
tion rmin the President of the U. States.
in compliance with a resolution of the Sen
aRte of yesterday, relative tol the agency of
the Secretary of War, in negociating.the
sale ot the hfndts of the Kank of' thWUnited
Statest which was laid on the table, p9d
ordered to ie printed.
The qtestion was then takei on Mr.
Morris's motioni t) adjourn and decided in
the a1firmative-yeas 25, nays 22.
Trhe Senate then adjourned over until
H1. OF. REPRESENTATIVES.
FIDAT, Jan. 11.
TFhe hlouse then resumed the considera
tion of the tunfinishedl businmess of the mnorn-.
inag hour, beiing the resoelutiona of Mr. Wise
for the priting oIf 20.IK00 exra coplies
eaich, of eloeu,imns Ne. 287 atnd Noe 13.
relating to the defaleations of public of
On motioni of Mr. Griffin, the questioni
was taken on the first branch of' the reso
Itution, int the following wvordls:
Resolved, That the 20,000 cop~ies
extra of documents 297, of thme second ses
sion of the twety-fif'th Congress, aind a
like number extra of doetnments No. 13, of
the ptresetnt session, the former relating to
the public dlefaulters, the latter to the de
falention of Samumel Swartwut, be prinited
for the use ofI this Hoelt.
This branch of thme resolution was agreed
to bly yeas 10J0, nays 82-as folilows:
T1he qluestioni was then takeni on the sec
01nd branch as iollows:
Resulvedl, TIhamt the Secretuary of the
Trreastury report (o ihis Iloutse
1. What dtefaleations, by receivers and
collectors, or other depositecries of tihe puh
lic moneys, have taken place sincee the 1st
oIf Oc.tober, 1837. Th'e natmes elf the de
fauliers, andu wheni and where it took place,
and wham atmount.
-2. What amount has been paid. eor whaet
blalances app~earing dime by defatulters in
tihe report olfthe 17th ofJaenuary last, have
been adjusted andl reduced; ande that he be
regtuiredl to report to this Hlouse alhl the
cocrrespotndetnce tonehing dlefa lent ions of re
eivers iamI collectors of thme public money
s,ince ilhe De.partmiet furnmished documne-~t
Thm'ejquestion) on this branche was dleci.
dIed in the atlirmtative--yeas 185, inays y.
A GRF.AT CUntosm'TV.--t will lbe recol
Iectede, bly aell ceoversant wim h the history
of the a or (of A mieicaen Indepcendanceq.that
thme aettemp1t to imupose a Stfnmlp iSax on time
coloni,ts was onme of time le'ndine maeaqures
which led to time dispuite hbetween E,:p.
Iand and Ihemr Amtericatn colonties. A shmor
time ago, in rumtumagine anmng tihe stock
in time stampnil icte, in Sotmerset-houNe,
1l,ndon, several of the stamps p)re.pared
for becing sent to Amserica were found in
ain itpper reoin. Onme o~f them is nmow in
thme posessionm of the~ Rev. Dr. Silhpard, Of
Guiteacre, near this townt. The stamp is
it tIme usual form,n sand hears, on color'ed
papler,plasted Oil parchmisent, the inscitionr
"AME,RICA. Two shillinigs and six
pence." I: is a very great curiosity, stnd
thte reverenid docltor might very approptri
rtely send it as n present to Presieont Van
Ilureni, to be placed among the archtives of
lhe Waited Etates.--.icryoo1 m:io.
Awa te &uad CmrsbMn.
THE RAL ROAD-RIGHT oF WAY.
-'111 TUS COURT OF X116all, DEC. 1838.
The Louisville, Cli
cinnatti and Chur
leston R. R. Com
. vs -Opinion.
John J. Chappell, *RicharJoun Judge.
Dr.- Rees. and Mrs.
This Court has weighed the argument,
so well presented on the part of the appel
lants; and appreciates its force.
Thu practical power confided to the Rail
Road Company. by their charter, is great;
and from its very nature, such power
might be abused, or perverted; and land
holder* annoyed, because the route of this
great cominerciam way iq, from necessity,
left to the understanding. skill and discre
tion of the company; and their authority
might be practically eniorced, with too
little consideration for individual justice or
But, for any such abuse of power, the
laws supply ample remedy. An indepen
dentjuty is a retreshing sight and sure re
fuige in every instnee; and is secured by
the charter; and, for continued abuse or
misuse any charter may be repealed.
But when the Legislature have confided
express power, it is not for this Court to
anticipate abuses, and offer to restrain
tietu, when our judicial province might be
hereafter in their supervision and correc
tion. All powers, great and small, may
be made oppres%ive. Yet, still. our neces
sities require them to exist in some tribu
If the Rail Road route had been given
for a common highway, and surveyors
named to locate its track through the en
tire- State, and contractors hired to construct
tsuch road,with the emolument of toll gates,
provided for compensation. the o!jecitons
ofered would be of similar character to
those iollred in the argument for the pre
sent defendants. Thmere would be no dif
ference in principle or degree.
The true and substantial difficulty felt by
the Court, is in coming to the conclusion,
ih;ot the Rail Road is to he put on the
f4oting and ch:tracter of a highway: and is
erected, toot ftor privale, hat for stuch gener
al purmipses, as to render it an institution
for -,tch public purposes.
Kut, accoording to the view, taken in the
circuit decision. that the application of the
eaymimen domNin of govertment, is, froon
its esential nature, very ;arious; and too
be made, accenting to the suceessive eni
e-ncie-4 or time State. it may he rtiionally
s-"mmed, that Rail Roads, althoughi of ri
cent am igin, have already bectime of incal
collable public importanee; That the en
farited ends andi objects of this gr,-at Rail
K14ad espe-cially. ar fore the transport ation,
and interojre, commercial and social, of
several different States, whose interests
are to be ever regarded, and the anmuinal
c411A1idenee that belongs to such ta work
This characteristic is irreeoncileable with
the proper conception of a mere private
Again: Rail Roads have been recogni
zed as highways, in other Srates; with
whmose adjuddications upon great subjects of
commemorce and reciprocal advantage, a ii
heral comity ought to be observed through
out the States; and the same great. objeats
qteadily k'sp i n ve*, b)y all, who value
Rail Roads, as a new moral cement of the
Ainacoin Union, as well as the useful
vehicles of our vast and itirea-aing internal
commerce: anal tht-- uniting in their nati
ral operation, pecuniary profit, with moral
fitmess and the politic establishment of sit
ma!y ineapentent States.
May nt Rail Roads, then he fNirly con
sidered in character andi objects. (anal ours.
more especially)as internati-ol, amId there
fore, public hiebwaya?
With such sentiments, anal for such puzr
poses, we are bounmd to cotnsider the great
endas of our own Rail Road systn, and
to iamauire under their gmuidance, whether
thme e-miinent dlomaitn f govertinent may
neat tairly anal raiionally he applied for its
adviancement it tile very way poinita-d out
ty the present charter of the Louisville.
Cincinnmatti anal Chlarlestotn Rail Road
In such am instance, we shoul especial
ly require that the charter shall he clearly
unicntitutional before we put it in time
po)wer of any otie freeholder to arrest the
progress of seo great a wuork oef usefulness
aind highm considlerations. It is not enott:rh
thaut the hum ain tmnd may balance on the
Butt take another point of view wvhichi I
canmnot lielp thimkinig oflumstitng itm portamnce.
Such ai Ramil Radc as amurs, shoeuled be held
as a high way, oil accauntt aof its gr'--t ob
jects, amnd faor time saume reasonms to he kepmt
tunder puublic c-ontrol. Is it nt wise to
hiold stuch ia compiatny ams time gu, .rdians or
lessees of a great highway. endtowoed with
a tpubhlic franch-Iise; yet sulbjec-t to the con
trol wniich their purposes iniciate as miec
essary ande proper; f'or such an establish
iment; anda wvhichi time genteral irighit to uase
the rosed abaseoutelv reqluire!
Such a road muist ha- hield as a part aof
the putlic adomain,. farmtied aoua to indeivietu
nIitient. film it,. prac-tical adIm mi n tatin
amid ordler alone, and if plmace-d aloof from
such cutiraol, would inevitab lly becomei
su-spected of partiality, anid emdiis to tIme
Situ-a time arguimmient before tbis court,
otur nittentiaan hams been turnied ta, the case
of Be-kma;n vs. mIme Sanitega andme S-ieen
ectady~ Rail Roaed Commany. It is foundme
in Page's Chi. Rep. udl vol.~45, andii it i5 :a
learmned decision of Chuanceollr Waulworthi
oaf Newv Yoark.
It w-ill he satisfaictory to the parties con
ceraned in imter-est, tom knoiw, ihm the follow.
ia pintts were aibly discussed aind deci
deal in that case:- I. Acts authoruiizinig
Raeil Rtoiad Companuie-sto take privatle proe
peri-y, 6mmr tIme purpoese's of tIhe roaid, umpon~
sayimg full comupensatioan, are contiutution-.
aii. 2. Ratil Roads are ptublic improeve.
nmnts, inad tIme Legislature enn apmproplri;mte
pirivamte piroperty for such impmlrvemeneits.
mar awhomarize a c-orpomratieon thus tam apmprm
p~riate~ it upon full compensnmionm to the
aewinr. 3. Thme piublic have un interest
itn tIhe mise of mime Rail Roamd, anal thme com
pany are liabile to respond itm dlamages, if
they refuse to tranasporm an individual, or
his pr-operty, withouit rensoniable excnse,
un bein; naid the proer. .....e r.
fortation. 4, The Legislature may ega
ate the use of the franchise, and limit Ihe
amount of tolls, unles they have deprivad
themselves of that power ly the contracO
S. It belongs to the 'Legislature to decide
whether the public bonefit is'of sufficiene
importance to justify the exercise of the
eminent domain in such cases. 6. And
the'only restriction is, that private proper
ty cannot he taken without full compensa
tion, and in the mode prescribed.
'Thus, then the decision of this court
concurs in every material Yespect, Iith
those of the other American Judicatures,
who have considered the great modern es
tablishment of Rail Roads.' And, is may
be seen, that the manqer of reasoning itn
each court has been drawn from the same
great principles, inherent in and ronsecra
ted by the American Constitution.
Ani thus too, we have increasing evi
dence of our homogenous principles, of
their moral influence, and sure fruits, in the
harmony of opinion, and the consequent
mnion itm action which engender reciprocal
regard, and tend so much to comfirm the
success of so many independent States,
united together by such principles.
The appeal is dismissed on all the grounds
J S. RICHARDSON.
BENJ F?. DIINKIN,
JOIIN BELTON O'NEALL,
A P. BUTLER
JOSIAII J. E\ ANS,
B. J. EARLE.
A true copy.
A. HERBEMONT. Clk. of Apl. Ct.
Columbia, S. C. Dec, 20, 1838.
From the Charleston Courier
FREE IlA-qKxeo.-The Legislature of
Georgia, at its late session, passed an act
authorizina and alopting the system of
free hanking. The leading provisions of
the law are as follows:-A circulaing me
dium, in the similitude of bank notes, in
blank, to he provided by the Comptroller
General. and two Commissioners (to be e
lected at each session of the Legislatture)
and to be countersigned,numbered anti reg
isiered by %uch person or persons as the
Comnptroller and Comniasioners shall ap
point. This circulating medium to he de
livered to any person or asso-iaimn of per
4s for the purpose of banking, to an equal
amount with the value of stock or bonds
transferred, on the legal transfer to the
Comptroller and Cuimmissioners. 1 Of
stocks of the United Sates, the State of
Georgia, or such other States of the United
States, as shall he approved by those offi
cers, to be or to be made to be equal to
State Stock, prodicing .5 per cent., per
autum, and not to he taken at a rate above
or below par-the bills or notes thus secu
red to be stamped on their faces, "%ecured
6vy the pledge. of publie stocks," 2. Of
bonds and mortgages, or unincumbered
lands within the State, worth independent
ly oftthe buildings thereon, at least double
the atnount for which they are mortgaged.
bearing at least 6 per cent interest. annu
ally or semi-ainually,-bills or notes thus
secured to be stamped "secured by pledge
ufreal estate." 3. Of bonds and mortga
ges for lands. or town property, or for nie
groes, of fourfold the value of~the hills or
notes received. provided such property he
insured, if liable to injury or destrurtion
from fire,and provided that the negro prop
erty offered do not exceed one half or tre
whole amount of such hills or notes-whic,
when thus secured are to he stamped --se
cured bypfedgeof real and perlonal prop
erty." The hills or notes. thut delivered
to person or aso -intiots, to bie exeeute4l
anal signed by them. ant made obligatory
protissory notes, payable sin demana, iat
t heir respective places of business, withi,
lie State', and to he loaned awl circulate
by them as money, according~ to the tus
ges of banking. On failure to redeemi sucnth
bille or niotes, on deamnmid, at the place' ot
busimess,during the usu;al hnmursaofhusinaese,
in gold or silver coitn, of the sandanl voau
f thme United States, the holer is author
zedl to have the samte protested; andl the
Ueoamptroller atnd Commnissioners, on re
veivimg and filing thme protest, to give no
tice mi writnmg to the mitaker or mtakers to
re-deem the same, and if he or they omit to
do so, for 61) days after such tnotic-e, the
Comtptroller and Commissioners (unless
satisfied of a legal dlefen,ce tio such notes)
to give tnotice imnmedinsely in the ihilledge.
vidle papers, that all the circ'ulating notes
issued by such persons or associations will
lie redeetmed out oif the trust fundis in their
btandl, and to applly the samne in pnytmemt
f the p)ritestedl notes. with costs of protests,
isod to adopt such meatstures for the pay
ment of all circutlatitng norecs of such die
rauilters, as will in their opinion, preve-mt
loss to the ho'ders. The di viderids ont
stock and intere's on hionds to he receiv-ed
by thiise pledlging~ them, unless dlefaamlihe
matade in redemptltiont of thteir note- als afore
m,or the Comptroller and Commission-,
'rs ideemt the security insufficient. Nii
shareholder itn any stich associarion to lie
liable ini his individual enp;tciry for the en
gagemnesns uf the nasociation, tutnless so
spiecifid in the articles of association.--..
Ni) stich association to lie orennized for a
longer term thatn 20 years. hur each to
have thte right to re-organize at the expira
tion of its term. undler nny law ihe-n of
rairce ont th subje'ct. Variouts priio.ns,
some of them highly penal, are containtedl
mn the aut,for the exnaminationa of the aff'airs
rf these banking persons ande alvocintians,I
nd for the security of the stoek, bondsq,
mtte proiperty pledeged liy them, atnd thme
aihu atpplicatioin oft lie same to secure I
he circulating mneiimn created by thte act.
Resolut ions pa-ssedI by the ILegislature of
"WVhereas, we bielieve that a great crisis
ias arrivedl in thte poilitieni histoiry of eiur
'itutty, ont the issue aif wihiach we conceive
hte sa fety of our free intstituttioans ti ecpenda:
nid whereais, we c'ontsidler miteotr houndetn
Itiy, as tho Represenitatives of the free
neon of North Carolina, to express in caln
itnd disp)assionaitte lanagua'.ge our opinions
in the great epitestionis which have becen fori
tomne timne, anad some of which are still. agi
.ating the p)ublic mind.
Resoleed. therefore, That this General
Assemblly .lo condetan in the amost dhe
,idedl manner, that act of the Seniame
if the United States, e.rpunging the re
'ords of that body, as a palpable viola
Ion oer of the Constitutiou.
std as aed Oln 'y Jarvility calculaqed
to de'pdbibe e. ireter of the Senate.
-aotlwa, That tons ought to be
pased bilbe dPRi he Ussited States
endemditory of tha'act mud rescinding
the Rikooolutions authorisi'g it to be done.
Resolved, -That this General Assembly
Io consider .the Oub-Treasury system,
which this administration is endeavdflug
to establish, as another item in that series
of .fatal experiments of this and tle.pqst
Adminisatrton which are the main soune
t)f that derangement of the Currency and
prostration of commercial credit, which has
been so severely felt of late in every breach
f industry and which if suffered to become
a law, will, by its tendency to augm6it
E uIve power, to unite the purse and
word in the hands of the Executive,
destroy the credit system, by the ex
, of specie in the Government dues,
change the real ebaracter.ofr
.e .k'eut and place in peril the libbr
iiei of our conttry.
Resolved, That we consider the Public
Lands of the United States, as the coM
tnon property of all the States, and Ilist
we therefore condemn the late act of Con
gress, allowing settlers on the Public Laud
the right of pre-emption at the minimum
price, as an act of gross injustice to theold
States which originally ceded them. or who
contributed a common fund for their pur
Resolved. That we believe that the most
proper and equitable disposition of the
Public Domain is to divide the proceeds
arising from their sales among the teverat
States of the Union, according to the rati -
of the tederal population.
Resolved. That we do most solemn pro
test against the wasteful extravagance of
the present Administration, and their prof.
ligate expenditire of the public montey;
which not 1nly crpate* a demand for heavy
axation in order to meet the exorbitant
mpproltionsof the General Government,
but w tends to the corruption of the
putlie morals and the degradation of the
Resolved, That the power and patronage
if the Exeestive Department of the Fed
-ral Goverttmteni have increased to an a
larmiing extent. and ought to be diminished.
Resolred. That our Senators in Con
gress will represent the wisihes of a tmajori
ty of the people of this State, by voting to
:arry out the foregoing rtolations.
Resolced. That the Governor of this
Stat.- he reqested to forward a copy of
these Resolutions to each of our Senators
in Congress. with a reqtent that they lay
hem hel' re the Senae of the U. St6tes.and
me to each of the Governors of the sever
al States of the Union. with a requeqt that
hey lay them before their respective Leg
EDGEFIELD C. H
TnuILSDAY. JANUAi 24. 1839.
Our Hamburg Correspondent writes.
iinder date of the 19th inst. that Cotton
rhnged frotn 12 to 144 cents.
To Correspondents.-We have received
a Communication, signed "Truh," giving
in account of the reneontre '*hich took
lae some time *inee, between Mr. Pom
'ret Terry and Mr. Adam Taylor, and
wvhich resulted in the death of the latter.
[I is in reply to a communication. signed
"Justice," on the -ame subject. which ap
eared in our paper. The statement of
-Truth," ditir in some particulars, from
hat of "Justice." We heg leave to decline
'tbli'.hing any thing more on this subject.
Ite -[ole alTair "ill shortly undergo a
"dicial investiCation. and we wish not to
reite the pubtlic mind. Wte refnse to pub
ish the commumnication of "Truth," solely
m' this ground, and not from any partiali
yt for Mr. Terry. or prejudice against the
leceased Mr. Tavlor.
Roll Roads-Right of Way-W e copy
rrom the South Carolinian. a higlI im
portant decision of the Court of Errors, ;a
re'gard to the South Western Rail Road,
tad the Right of Way. It will be seen,
hat the Coutrt has decided that a R. Road
Company has the right of way, provided
r makes full competnsation to the owvnera
df the land. throught which its road passes.
Inaugural Address of President Lamar.
We htave tade copious extracts to day,
'rom the AdIress of Mirabeau B. Lamar,
o thte Texian Congress. It will be seen
htat he takes strong ground against the an
)exation of Texas to the United States.
[t is certainly to be regretted that our Gov
:rnmient did not accede to the proposition,
whmich was made b.s the Texian Minister,
:n form a union between Texas and our
-otnttry. Beside stretngthening our slave
i'siding institumtions, Texas wottld have
proved a p)owerful ally in case of foreign
sar. Separated as she n'ow is, from us,
bhe will eventually become our rival, and
nay prove a formidlable eniemy.
Thte Supreme Cosurt of the U. Stattes.
>egnan it'. annualterm at WVashington City,
)t the I4tht instant
Florida.- The Indlian difficulties in Plo
idat are still far from being settled. Af
'a,anprettv mutch in statu quo.
S,mDunn. Es'q., has been appoint
ed Nt Master at Motut Gallagher, Lau
-et istric't, S C.
D. L. Wilson, Esq., at Shop Spring,
We --terry District, S. C.; and G. Fletcher,
Esq. at Sandoni, Kershaw District, 8. C
The Planters, Commercial, and Rail
toal Banks at Vickshurg, and the Bank
f Lexington; all of Mi"siasippi, com men
edl paying specie for all their liabilines on
be .JBt inst.