State journal & flag. [volume], December 25, 1846, Image 2

About State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846

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VOLUME 4.
STATE JOURNAL & FLAG OF THE UNION.
NUMBER 6.
of a mortgagor; and tlint a statuic which
authorized one to be taken in execution,
applied to the other. And it such would
be the rule under a statute authorizing the
sale under execution of an equity ofredemp
tion, the reason must be the same when it
has been decided that such is the law with
out any statute. ,
It is said by the District Judge in this
report written out by himself, that the Su
preme Court of Alabama in Wiliams and j
Battle its. Jones have cited no authority m
support of their position. This probably
proceeded from the fact, that ihe objection
here slated was not made, and such would
seem to be the fact from Ihe report of the
case; Dut it is matter of history, known to
all practicing lawyers, that from the deci
sion of the case of McGregor and Darling,
as explained afterwards in I'eikius and El
hotter. Mayfield, the opinion of the bar has
been, that it applied equally to deeds of
trust, as to mortgages; and the only q 'es
tion about which the Court in Williams &
Battle, vs. Jones, appears to have felt any
difficulty, was, whether they should abide
by the previous decisions, or for the reas
ons so forcibly stated by them depart from
them. It appears to me, that the criticism
of the District Judge, if not in bad taste, is
wanting ir. the respect which courts usually
extend towards each other, when difference
of opinion, was at least entirely unnecessa
ry. He had cited a decision of the Uni'
ted States Court, » hich he considered a con
clusive nuthority ngainst the doctrine assei
ted in McGregor & Darling rs. Hall, and it
was therefore a matter of perfect indiffer
ence, wheiher'Williams & Battle vs. Jones,
was correctly decided or not.
The court in the decision of the last case,
did not attempt to derive any aid from the
fact, that it was a sale of the interest of n
grantor in a deed of trust, byt assuming ii
to be identical with the sale of an equity ot
redemption, and lamenting that such a de
cision had been made, simply acquiesced in
it, and gave effect to the law as established
by their predecessors. The conclusion
then is inevitable, that the strictures of the
District Judge were wholly uncalled for.
and unnecessary to the determination of
the cause before him. Tne effect however
is to weaken the influence of the Stale tri
bunals, and to bring the administration of
justice into contempt.
in met he seems 10 nave entirely mtsnp
prehended the decisions of the Supreme
Court of |Alubama. He reasons as if he
supposed the eflcct of a sale under execu
tion against the mortgagor, was to annul the
mortgago and vest in the purchaser, not
only the equity of redemption, but the inte
rest of the mortgagee divested of the lien.
The Supreme Cjurt decided no such thing,
but are explicit in saying, that the purcha
ser may become substituted to the mortga
gors right, and in respect to the mortgaged
estate occupy his situation.
Having determined that the bonds were
mortgages, and the Decutur Bank Jiad no
tice of their existence, a decree of foreclo
sure followed as a matter of course. The
criticisms upon the decisions of the Su
preme Court, were then wholly gratuitous,
and such a departure from judicial .dignity
and propiiety, must find its apology in a
misapprehension by him ol the decisions he
assails.
The evil ofhaving different rules of de.
cision, between the Federal nnd Stale
Courts, in the same State, as to the kind or
title of property, which should he subject to
sale by execution is so apparent, that it
would seem to be the duty of the Federal
Courts, when a rule has been promulgated
by the highest State Courts, and long ucqui
esced in, to abide by it, though its correct
ness were doubtful; as it would have the
same sanction and title to respect, as a stat
ute of the State, which would be clearly
obligatory on the Federal Judge. It is also
worthy of consideration, whether the point
decided in McGregor & Darling vs. Hall, is
not a construction of the act of 1820 for
bidding the sale of equitable titles, and there
fore conclusive upon the Federal Court.
But if 1 am mistaken in this, it appears to
me. that suitors in the Federal Court, have
the right to expect, that the adjudications
of the highest court of the Stale, in which
the cause is pending, should not be overrul
ed and disregarded, upon the authority of a
decision, of a primary court of another State,
which if coming in conflict with the appel
late court of the State in w hich it was made,
could not be regarded at all.
In thus speaking ot the late Chancellor
of Mississippi, I Ho so with great respect. I
Whilst living, I esteemed him as a lawyer ot
no ordinary pretensions, and now that he is
dead, I would abate nothing from his mer
its. Ho hnd a vast amount of labor to
perform, and had not the time to devote to '
the inves'igation of the causes before him, !
to enable him to do himself lull justice. Still
less would l be wdling to depreciate the
high attainments of the District Judge; if
they were much less than they are, the in
sticts of my nature would prompt me to ren
der respect to age, and station. But I
would respectfully suggest to him, that uni
iormity ot decision between the difTerdnt
courts of the same State, both State and
Federal, is a matier of great moment to the
people of the Slate, and that this should not
be sacrificed, either from piide of opinion,
or the ostentatious desire of the display of
superior knowledge, by seeking opportuni
ties of putting the State court in the wrong.
And I may also be allowed to say, that all
lawyers, and especially Judges, should leat n,
that the law like all other sciences is progres
sing. and that although general principles
rem tin unchanged, their apphcalinn must,
and will be modified, accord.ng to the chan
ges, necessities, and irnproveii euts of sneie
IV. The tendency of tho decisions of the
Supreme Court of Alabama, like those of
the English, and American Cour's general
IV, is to lend|an unfavorable ear to defences,
which embarrass the administration of jus
tice, and are not altogether compatible with
sound morality. It has been my purpose
to show, the consistency of the decision in
Williams <Si Battle vs. Jones, with the previ
ous decisions of McGregor & Darling vs.
Hall, and Perkins & Elliott vs. M.iy field.
All these cases arise upon a levy made
on personal property, and the extent to
which they go, is, that the possessory inter
est of a mortgagor or grantor in a deed of
trust, may be sold under execution.
Whether these decisions, apply to such
an interest in lands, which was the case be
fore the Federal Court, is foreign to the pre
a nt inquiry.
In conclusion I will add, that it it not un
usual to hare it remarked, that Judge Craw
ford haa no respect for the decisions of the
upremo Coortof Alabama; and that on
j the bench he rarely alludes to these decis
ions, in uny other than disparaging terms.
If this frequent remark he true, and Judge
Crawford cart reconcile such a course with
tiis venerable years, the dignity of Iris posi
tion, or the very sensitive relations that ex
ist between Federal and Slate tribunals, to
say nolhing of the detriment to thousands of
litigants, whose rights artist necessarily suf
fer by th-3 conflict of Federal and Slate de
cisions which he seems indisposed to avoid :
Isay, if he thinks the course in question
comports with these high considerations, I
fear, that vigorous intellect tetiifered by n
sound discretion, which has characterized Iris
public services through a long life, is not so
astute and luminous, ns in times past.
A MEMBER OF THE BAR.
Journal & Jrlag.
TUSCALOOSA, DEC. 25. 1843.
Important Notice, Tuscaloosa.
School I'niKl.
School F»m) of Town.-hii* 31, Range
]0.—All persons residing in this township,
who send children to school, either in the
township, or in any township adjoining, are
entitled to a “ratable proportion” of the
school fund ; which will he paid on presen
tation of the certificate of the teacher, to
whom such children are sent, to the com
missioners. l’he commissioners are Capt.
Jjmes II- Denring, Abner Wynn, and Mr.
Reynolds. The interest on the school fund
in this ( Tuscaloosa) township, is between
six and seven hundred dollars per annum.
With the present number, the publication
of the “Flag” will lie discontinued at Tusca
loosa. On the 1st January, 1817, it willtbe
issued in the city o! Montgomery, under the
title of the “Flag ul the Union and Mont,
gomciy Advertiser;” w ith which latter jour
nal we have formed a connection. Our
prospectus, which has been published for
several weeks, in succession, in our columns,
presents to the public, and to our democrat
ic friends, particularly, the reasons which
have lead to this change. The “Flag and
Advertiser” will be srnt to all our sub
scribers, and we take this occusion to solicit
their aid in extending its circulation. If we
have rendered the party,to which we belong,
nny service, they can repay us in this way
—and it will be our special uim, at Mont
gomery, to acknowledge our own obliga
lions to our pnrty friends, by a zealous ad
vocacy of the political principles which the
“Flag” has, for more than thirteen years
maintained.
In discontinuing tho publicaticn of the
"Flag” at this point, we have provided
against any interregnum in the publication
nf a democratic journal. The “Tuscaloosa
Observer,” will succeed the “Flag,” und
under the management of its proprietor,
whose prospectus is published in another
column, will, no doubt, prove acceptable
to the democratic party. Mr. Wauukn, the
proprietor of the “Observer,” has lor a num
ber of years past, been connected with the
press in Alabama. He was, for sevetnl
^ears, the publisher of the “Welumpka Ar
vos.” For more than two years past, he has
ieen engnged in this office; and we can
eave ademocrntic journal in his hands, wiih
i full lassurnnce that it will represent the
nteresls of its party with fidelity.
The “Observer” will advocate a state con
tention, lor the nomination of a candidate
or Governor, and on all questions of party
ntorest, will adhere tothe course, heretofore
jursued by the ‘ Flag.”
Fur a more full exposition of the opinions
nf its proprietor, we refer our readers lo his
Prospectus. We hope the democratic party
will extend to the new journal, us liberal a
support, as they have bestowed upon the
"Flag of the Union.”
lhc rulladega Watehtnwer, oflfiih inst.
has a reply, by the editor, lo the communi
cation, signed “Perry,” published in the
‘■Flag” of 4lh inst.—which suggFsled Hun.
W. It. King for Governor. The editor
says:
“It seems to ns that there ought to be some
period ill the life of a public nmo, when he ami
ins friends should be willing to see him become
a mere private citizen, and should cease to man
ifsst a disposition to give him a monopoly of
every office suited to his taste.”
In reply to the above paragraph, it is prop
er for us to say, by way of explanation, that
“Ferry'’ Ims no knowledge of the wishes of
Col. King or “his friends”—and he so sta
ted in his communication. He wrote the
communication, ns he informed us, simply
with u view lo present to the democratic
party a nutne which he supposed, would
meet with generul approval.
As tho communication of “Ferry” has
excited some inquiry, particularly in Perry
county, we will embrace tho present occa
sion to say, that it eminated from a gentle
man of that county who Inis never held
public office of any kind in this State; hut
who desires the success of the democratic
party in the next gubernatorial canvass,
which he believes the nomination of Han.
W. R. King would insure. Under other
circumstances his personal preference, for
Governor, would, no doubt, be confined to
his own county.
A rumor has reached this city—the cor
rectness of which we nre not able to speak
o( with certainty—that Gov. Bagby will
receive the appointment of Minister to
France. If this lie true, the people of the
State generally will bo gratified to know,
'that the representative of the United States
at the court of Louis Philippe is a citizen
of Allibama.
Hon. VVm. R. Kino has been in this city
several days past.'
Stale Convention.
The democratic press uf this State, with
a single exception (the Grecnsborough Bea
! con) have assented ’to the necessity of a
convention to nominate a democratic
1 candidate for Governor. Tho only qnes.
lions now to he decided, are first, the
| time at which it shall he Iiokl ; and, se
condly, the place. The first Monday in
I May, next, has been suggested by sever, 1
| democratic journals, and will, no doubt,
[ prove acceptable to the parly throughout
the State. The place at which the con
volition shall be held, will he more difficult
to agree upon ; but we hope our friends,
rather than sutler this to become a subject
o( much discussion will agree, at once, upon
Tuscaloosa. We have no choice in this
mat ter, and will take no part in any disemf
sioii that may grow out of it.
In September 1844, when it was pro
posed to hold a convention, sometime dur
ing the following session of the legislature,
we published art article, which is not inap
propriate to the present condition of the po
litical afTiirs of our State. We advocated
the convention system then, ns our read
ers will recollect ; and thereafter, until the
assembling of the convention, which nom.
inaied Mr. Terry, our efforts were directed
to induce such action, on the part of the
convention ns would have insured success,
and prevented the unfortunate division
which secured the elevation of Gov. Mar
tin. But these are by gone events, and
we refi r to them now, in order that our
friends may guard against the ill-digested
action, and the unseemly haste, which
unfortunately prevailed in the convention of
1845. One of the errors of that convention
was its refusal to adopt tho two thirds rule
in selecting a candidate. We urged it up
on the members of the convention, as a'
measure, of all others, most likely to hind
the minority, and insure harmony ; but, it
met with little favor. This rule should
prevail in the next convention. No man
should be selected, now, unless he is the
choice of two thirds of the democratic party.
There should ho no I azard, no uncertainty
in the selection ; ai d whoever can he pre
sented with this strength will command the
entiie democratic vote of the Stale. We
regard the two thirds rule, in the select
t on of candidates for office, as entirely
just and equitable. The decision of con
vcnitons is nothing more than me dutermi
nmion, or judgment, of political agents as
to the qualifications, and availibility, of the
candidate, or candidaies, selected for the
suffrages of the party represented. Its
binding force depends upon party uffiniiy—
and its decision is binding, and controls
its party just so far ns it harmonises with the
moral sense, and political principles of that
parly, and no fuilher. If a convention se.
lect a man against whom nny good and
valid objection, either of a private or public
nature, can be maintained, its action will
fuil to be binding on the members ol
the party it assumed to represent. These
are truths which will find a response in
the' lioait of every honest man, of every
party ; and it is the reverse of this action,
which has enabled demagogues, who seek
every popular hobby to ride into office, that
has brought State, district, and county con
vent.ons, in some degree into disrepute.
The two third rule, has had a strong len
d mey, wherever adopted, to correct most
of the evils complained of—by insuring the
nomination of men, who am well tried, and
who, as politicians, are sufficiently elevated
in ll e public estimation, to insure, under
their lead, success to their party. As a gen
eral rule it may he assumed to he true, that
it is*not possible for any man who is ob
jectionable to a respectable number of his
party, to olitaui the vote of two thirds ol a
political convention.
These suggestions are tluown out with no
other view than to direct the attention ot our
readers to, what wo look upon as, one of
h i necessary prn requisites to insure cer
tain success. We would cheerfqjly yield
o ir preferences to a numerical majority of
our party friends; hut the great body of the
democratic party, seem to require that the
action of the convention in selecting a de»
mocratic candidate lor Governor, shall he
made to conform to the wishes of as large a
number of the party as is possible.
The article to which we relered ubove, and
which was published in the “ F ag” of Sep
lember 6, 1844, embodies all we could soy,
in addition on this subject, and we again
present it to our readers, after two years
have elapsed, as ottr deliberate, and fixed,
opinion, ns to the principles which should
control the action of a Stale convention,
assembled to select a candidate for gover
nor.
From thn Flag of September 0 1844.
StilU; Convention.
“The proposition for a Democratic State
Convention, next winter, to select n candi.
date for Governor, does not seem to meet
with universal assent, A few papers only
have responded to the proposition, and not
all of them with approval. The Marion
Her dd, one of our most decided and able de
im c atic journals, enters its unqualified pro,
te t ngam<i any such assemblage. It avows
itself‘nauseated with the paltry inrgues and
se'fisb ends, which drum tip and control ttie
action of these bodies." This is tie; feeling,
wo know. or miny of our most honest and
patriotic politicians. The jugglery and log
rolling, loo prevalent in all Conventions,
have well nigh rendered them ns unpopular
as the old, exploded caucus system. Indeed
many of the worst features of that system
have been retained in its modern substitute.
We ourselves have frequently felt the evils
connected with these bodies, and have some,
times almost come to the conclusion, that
I he whole method should be denounced and
rejected. But, U|>on mature deliberation,
we are satisfied dint Conventions, while they
are a necessary part of political orgnniza
lion, may be purified Irom the evils hereto
fore uttendum upon them, and may thereby
be rendered efficient of much good. In
this belief, we arc led to think favorably of
the proposition fora Democratic Convention,
next winter.
It is impossible to attain successfully, the
legitimate objects of party organization, by
any other means than the Convention sys
tem. As long as the great purpose of a par
ty is to secure the advancement of general
measures, essential to principle, and not to
further the interests of mere men, there must
he some method to procure concert and un
ion of uction. If each individual pursue Ins
own prefi rences, in the selection of candi
dates, their diversities must necessarily re.
suit in defeat. A enndtjute, favored by not
mure than a tithe of the people, and holding
views inimical to a vast majority, might thus
be elevattd to office. Compromise and
concert are necessary, among all the adhe
rents of similar principles, for the purpose of
preventing these from being frittered away,
and vanquished in the subdivisions and con
tests that concern indivjdutls alone, and
which are never of any general interest or
importance. Of all the measures which
have been devised 10 secure this necessary
party unity and co-operation. Conventions
have been lound ills least objectionable and
most effective. This wou.d certainty- be
true if they were invariably organized and
conducted upon those principles of equity
and fair dealing, which should bo regarded
us fundamental and vital in all such associ
ations, The system must bi based upon
the strictest and most clearly defined giounds
of justice, equality, and reciprocity, or it is
a gross fraud, Aid solemn fiitco for the de
lusion of the people. We think that Con
ventions can be thus tairly constituted, and
freed from the objections which in many in
stances have rendered them so odious and
unpopular. Ill reference then to the con
tempinted State Convention, we propose to
point out a few reasons and observances,
which we think will render it occeptuhle to
the party. The Herald itself, we opine, will
concur in the proposition, if our suggestions
should be received and adopted.
There will be a necessity for such a Con
vention, from the multiplicity of candidates
spoken of for Governor. The names of not
less than eight or ten prominent democrats
Imve been suggested by Ih -ir friends.—
These gentlemen reside in different parts of
the State, and each has his earnest and de
cided supporters. If they, or even more
than one of litem should run, the result will
he the defeat of the democratic party. Tho’
the democracy have an unwavering major
ity of n„t less than ten thousand, yet it its
vote should he ut till equally split, the “reins
of power’' would pass into the hands of the
whigs, who are certain to unite by this very
system which it is now proposed to repudi
ate. Mow can the conflicting claims ol our
severnl candidates be adjusted by any other
plan than a Convention ?
• * W i" UC Iicucoam j , wt; rt’puai, IU life
llie proposed Convention Irom the leading
objections to such assemblages. One oftbe
chief of these is suggested by the Herald.
It is that the delegates are commonly ap
pointed not by the body of the party in the
several counties, but by little cliques and
caucuses assembled in back rooms or pri
vate offices, at the respective seats of justice
This, we know, lias mo frequently been the
case; and it should be rectified. No per
son should be admitted as a delegate into the
Convention, who bad not been appointed at
a general meeting of the party in the county,
publicly announced, for a length of time be
forehand, sufficiently long to enable every
voter in the county to bo apprised of the
lime, place, and purpose of the meeting.
This should always he publicly held, nnd
fairly conducted. No Committees should
be appointed to go out, and prepale resolu
tions "expiessive of the sense of the meet,
irtg,” hut each person present should have
equal and unabridged liberty to otter any
resolution or motion which he may desire
to have adopted. The delegates should he
invariably elected by ballot, and not by mo
tion upon a mere nomination. These com
mittees, nominations, and "cut and dried”
resolutions, are the most common inodes by
which the people are led like sheep, in the
primary meetings. The meiting likewise
should always boar some reasonable propor
tion to the number of democratic voters in
the county. A dozen or a score of men
should never be allowed to assume the privi
leges of five hundred or a thousand votois.
Another evil exists in the mode of supplying
vacancies in the delegations. This should
never he entrusted to the delegates. The
punw oiiuu U UO UAUIUMJU IJIO |M'Uj)|C
themselves, in n regular meeting, or by an
executive committee specially elected lor that
purpose. All the delegates should he re
quired to present, before they can take their
stmts, certificates showing that they have
thus been regularly elected by the people.
One of the most grievous objections to
our Conventions, has resulted from their too
frequent and close connection with the
State Legislature. Members of the General
Assembly should never be elected delegates.
If they are, it is complained, (hit the.y have
opportunities and influences for electioneer,
ing and log rolling, which interfere greatly
with the purity end freedom of the Conven
tion. For this reason also the Convention
should not assemble during the session ol
the Legislature. Delegates sometimes
come, who are candidates for office in the
gift of the General Assembly, and they may
thus be influenced in their conventional ac
tion contrary to the wishes of those they
represent. There are great reciprocal in
fluences between two such bodies,—which
should never be pcrmilletl to operate, when
they can he prevented. Wo have as much
confidence peihaps ns.any one in the integ
rity of both the delegates and members ol
the Legislature,—hut the objections wr
have just stated exist in the minds of many,
and thev can easily be avoided. The pro
posed Slate Convention, then, we think
should he held some time utter the adjourn
ment of the Legislature.—say, in the latter
part of ihe month of January, during the
session of the Supreme Court, a period which
will be perhaps ns convenient as any.
Another great error in the manage
ment of our Convention! has been that
persons have frequently been admitted,
as members, who have not been ad
milted, hy resolution, ns members, who have
not been delegated from any county. These
have usually Deen members of the Legisla
ture from such counties as have not appoint
ed delegates. To thia course there are thre:
strong objections : 1. I lie Convention has
rot the right thus to appoint Delegates ; that
right belongs exclusively to the people in
iheir primary assemblies, and should be ex.
ercised, as we have seen, with great panic
uluiity. 2. Members of the Legislature have
no prescriptive privilege, entitling them, ip
so fticto, to a seat in the Convention, uny
moie than to a se tt upon the Bench of the
Supreme Court. Besides, as we have shown
there are strong ejections to their having
any thing to do with the action of the Con
vention. 3. It is reasonable to suppose, that
if a county does noi send delegates she does
not wish to par'icipate in the Convention.
Certainly sho alone has the right to say who
shall represent her in council.—If the major
ity have the authority to say who shall rep
resent one county, they cun, wiih an equal
grace, say who shall represent any other.
A very strong objection has been made
! to the State Conventions, because the num
ber of delegates has riot been proportioned
to the voting strength of the parly in the
several counties, but has been reguluted by
the number of members in the General As
sembly. This is certainly a sound and rad
ical objection. The basis of delegation should
! he the numercia! slienglh of the party in the
couniy. This is lire only fair and equal ra
tio. Each county should have one delegate
; lor every certain number of democratic vo
ters, say two hundred, which it may have
possessed at the last contested election.
This wilt present in Convention the strength
of each county as it will be presented at
the ballot-box. Tpon this basis tire delegates
:o our next Stale Convention should, it seems
to us, be chosen.
We might advance many other views up
on this subject; but we believe that the sug
gestions, we have made, if received and ob
served, will exonerate the contemplated Con.
vention, from the objections prevalent in the
minds of many against such assemblages.
What we have presented,is given in no dic
tatorial spirit but with the humble hope of
producing harmony and concert in our ranks,
upon a very important question. It is time
that, if we tiro to liavo difficulties in refer
ence to our next Gubernatorial election, we
should understand what they are to be, so
that we may obviate them if possible. We
ask the press of the State, to speak out up
on our propositions; and we particularly
hope that our friends at Marion, will coin
cide in our views.”
Fourth Congressional District.
in the Gainesville Pilot, of the lSih ingt.,
we find published a communication signed
“ Sumter,” which from its evident design to
forestall public opinion, by placing Judge
Frierson in die position oi a candidate for
congress, m advance of a nomination, and,
also, because of the evident design to dis
parage other gentlemen of the district who
are spoken of for congress, the present effi
cient incumbent among the number, de
mnnds notice nt the hands of the demo
cratic press of the district. The article
starts out with the assumption “ that
dissatisfaction with the present incumbent
prevails to a great extent throughout the
districtand that this “ dissaiisfaction”
opens a door, whereby “ the Hon. Gideon
It. Frierson” mny, in consideration of “Ills
superior qualifications and eminent availu
| bility, enter into the congress of the nation,
nnd take possession ol the seat of Hon.
William W. Payne ! One of the reasons
set forth for this proposed transfer of con
gressional honors is thus stated :
"The times are inauspicious to us of the South--*
they are otninious of evil j and it is In the Inst degree
important that we choose those to represent us in
the national councils, who have a common feeling
with us, whose attachments, whoso interests and
j whose feelings are all here"
It we were disposed to treat this argu
ment with any degree of seriousness, we
might ask—where are Mr. Payne’s interests
and feelings, nnd where are the interests
and feelings of the other gentlemen who
are spoken of for congress ? The argument,
lame as it is, shows, however, a disposition
to throw a douht over all others for Judge
Frierson's peculiar benefit, and will, no
; doubt, be so understood by the public
We do not desire, however, to enter the
lists, with anonymous writers, as the dc
| fender of Mr. Payne, further than to do
an absent, and faithful, public servant jus
tice. That he has been faithful to his
trust, nnd discharged his duty with ability,
no man can deny ; nnd for ourselves we
would very much regret to find honesty
and faithfulness in the discharge of public
duties, so poorly appreciated by the voters
of the fourth district, as the setting aside
of William W. Payne, in order to eVvnte
Gideon B. Frierson, would indicate. But
there is another portion of this article
which claims our attention. Not content
with comparing the qualifications, and avail
ability of Messrs. Payne and Frierson,
and deciding peremptorily in favor of the
lutter—“ Sum'er” claims that his (Frier
son’s) popularity is greater in the district
than any other man's. Col. Erwin, Col.
Sam’l. Inge, nnd Gen. Win. R. Smith, are
all, according to “ Sumter,” less available,
and less popular iu their own counties,
than Judge Frierson. We are not told
how long this extraordinary degree of pub
lic favor nnd good wi|l has been bestowed
on Judge F., although we are told he has
been a resident of this district more than
25 years. We are, also, told of his clerk,
ship in the legislature, of his being elected
District Attorney, and subsequently Judge
of the County court of Sumpter—all of
which combined, in the estimation of “Sum
ter,” render him “ eminently and thorough
ly” qualified foF the responsible station of
congressman. It mny do very well, for a
laudatory paragraph, to afiirm that Judge
Frierson possesses the popularity clnimed
for him by “ Sumterbut the reverse of
ihis munition of “Sumter” is much nearer
the truth. Either Col. Payne, or Col.
Inge, we feel confidant, would command
thrice as many votes in Sumtei os Judge
Frierson; and in Greene, CoL Erwin, with
i:ie democratic party, would command al
most a unanimous vote against Frierson.
Fayette has always been Payne’s strong
hold—and ice are not advised of any dis
affection towards him in that county,
among the mass of the people. But if such
disaffection really exists there is a resident
of that county, to whom the people would
be very willing to trnnsler their suffrages—
wo ullude to Gen. Wm. R. Smith.
If the pretensions of Judge Frierson had
been placed on a level with those of other
gentlemen there would, perhaps, be no just
cause of complaint ; but when it is attemp
ted to place him, ns it were, upon a pair of
hign stilts, nbove the heads of gentlemen,
who at least are supposed to be equal to him
in menial capacity—that the pubi c eye may
rest on him, and no other—it then becomes
the duty of the democratic press to inquire
into the validity of his pretensions, and the
superior merit, capacity, and availability
which should accompany such high nspira.
Runs.
How far Judge Frierson is responsible for
‘.he opinions of “Sumter,” we are not prepar
ed to say .- we only know, from common re
port, that he is canvassing (or Mr. Payne’s
seat. This fact, coupled with the unusual
tone and temper of the communication of
“ Sunrter,” is calculated to give rise to the
impression, that in the present condition of
political affairs, their combined action will,
have a tendency to injure the cause of de
mocracy in this district. “Sumter” has
directly assailed Col. Payne; Frierson is
soliciting his place. Now, suppose Payne
should be the nominee—can cither of them
give him the support, in his-eleciion that, as
democrats, would be expected of them ?
A convention will be held in the Spring,
to nominate a democratic candidate lor Con
gress in this district. It is now very gener
ally understood that Win. M. Murphey, esq.
of Greene, will he the whig candidate. Mr.
Murphey is very popular with his party, and
will, no doubt, receive the entire whig vote.
It therefore behoves the members of the
democratic party to pursue such a course
us will in no wise impair the unity of the
party, or their own efficiency. Intemperate,
or injdicious appeals in behalf of any man,
should not be published ; the people should
be left free to decide upon the “qualifica.
lions” and “availability” of candidates;
urd candidates themselves should remain
at home, nnd in homely phrase “inail for
flip, inncrann.1*
National Fou ltdryal Tuscaloosa
Our remarks on the subject of a National
Foundry at Tuscaloosa, have attracted li e
attention of some of the Georgia journals.
The Constitutionalist devotes a long arti
cle to the subject, which concludes *as fol
lows :
Our advocncy however, of the establish
ment of a National Foundry at Tuscaloosa,
must be subject to the qualification that
coulJ we be allowed Jo name the spot we
would prefer its location in our own State.
We would greatly prefer to see it established
in Cass county, which would in many res
pects be an admirable location. This point
hits been brought forcibly to the attention of
Government, and before. Congress try our in
defatigable and faithful resresenlulive Col.
John H, Lumpkin. But if this cannot lie ac
complished. and it be a contest simply be
tween two points connected by water com.
munication with the Gull of Mexico, there
nre reasons why Tuscaloosa should have the
preference over Memphis. YVe are n<tf sure
however but that Memphis will be connec
ted by Rail Road comfnuhicotion with the
Atlantic long before Tuscaloosa enjoys that
advantage.
Our immediate representative, Hon. W.
W. Puyne, is fully conversant with the
greatly superior advantages possessed by
Tuscnloosa, over any other locality.*find he
will, we are sure, give this matter a full share
of his attention this winter
The President’s Message is received by
the democratic press throughout the coun
try, with a decided manifestation of satisfac
tion and approval. The pomp and array
displayed by the whig leaders in directing
their plans of attack on the administration
—as disclosed by Webster and Clay, and
Clayton—had a tendency to induce the more
timid portion of the democracy to believe
that the administration might, by the clamor
of its opponents, be placed for a time, in the
wrong, on the Mexican question. The ex
pendilutes of the war were falsely stated
at halt a million a day ; and impeachment
was threatened the President, for the ad
mission of Santa Anna into Mexico, and the
action of Kearney, Sloate, and others. All
these isssues are met by the President in
ilia admirable message, in the plain straight
forward language of fact and truth, which
carries with it conviction to every unpreju
diced mind. In the language of the Rich
mond Enquirer—“the President has thrown
down the glove” to the federal leaders, and
they evince no particular hurry in taking
it up. In congressGnrrett Davis has open
ed an attack on the ground of the illegality
of the acts ot Gen. Kearney—but he was
promptly and succssfully replied to by Mr.
Douglass. This abortive attempt to do the
administration injury is, however, conclu
sive evidence of the feelings of hostility to
the war, which will actuate the whig leaders
in congress during the present session.
The New York Courier and Enquirer,
says of the President’s message:
“ It addresses itself to the justice as well
as the patriotism of our people ; and we in.
dulgc the hope that no American citizen will
permit mere political hostility to the admin,
istration so to warp his judgment as to In
duce cavilling at what is so forcibly and
so truthfully put forth on this subject."
u o»u«v vii » vw«iwnt
The Ball is Motion.—W'e copy the
following notice of a public meeting t» be
held in Barrytown, Washington county, on
the 18th January next, to appoint delegates
to a State Convention, from the Mobile
Register. Let the democrats throughout
the State follows up this movement, by hold-,
ing county meetings early in the Spring, for
the same purpose, and all will be well
PUBLIC MEETING.
0^“ There will be a meeting of the dem
ocratic Party of Washington county, at
Barrytown, on MONDAY, the 18th day of
Janttnry next, for the purpose of appointing
Delegates to attend the State Convention
for the nomination of a candidate lor Gov
ernor nt the ensuing election. A general
attendance is requested.
Cfc5" Masonic Academy.—'The Masonic
Lodges of Dallas county, are about to es^
tablish an academy “for the education of
destitute orphans.'’ A meeting is to bo
held at Gahawba on Saturday rext. to de
termine upon the best plan to edict this oh.
ject, when an address will be delivered by
Rev. Mr. Linebaugh, late of this city.
We conclude, to-day, the official publica.
tion of the laws, treaties, proclamations &c.
of the United Stales.
The steamer “ 8th January,” was sunk
on the Alabama, on the 11th tnst, by coming
in collision with the Lownds. The height
or the 8th January, with the exception of
68 bales of cotton was saved—she had on
board 552 bales.
1 he I rustees have filled the vucant chair
in the Siate University, by the appointment
ol Mr. Thomas rf Washington city. Mr.
T - is the author of 4,Ciinton Bradshaw,*4
and is well known, ns a gentleman of dis
tinguished literary attainments.
Commencement was well attended by
our citizens, and by strangers. The grad,
ualing class, we learn, ucqmtted them'
selves, one and all, with marked ability.
Rail Road to Gadsden.—Mr. Garnett,
chief engineer on the Georgia Rail Road,
has recently published his annual report,
in which we find the following remarks, on
the subject of a Rad Road, to connect Tus.
caloosa with Gadsden.
‘•The Branch from Kingston to Rome is
now under contract, and may be expected,
within another year, to open the rich trude
of the Cuosu \ alley to us. This alone is an
impmtani object,but is a still n.ore|'mportant
o 'ject, Viewed ns a part of a line of improve*
mentsexpending in that direction. There is
now much interest felt in Alabama and Misis.
sippi, in the construction ofn rail read from
Tuscaloosa to Gadsden near the month of
Wills’Crtek tin the Coosa River. From
this point to Rome the navigation of the
Coosa is good for a large portion of the year
and would supply the means of transports. •
tion until future enterprise sliull fill the line v
by n rail rood.—From Gadsden to Toscii.
loosa, the country, which is lit I uf agricuU '
tural and mineral resources is highly favor
able to the construction of a rail road.
Thera are many in favor of extending the
Vicksburg and Jackson road to Tuscaloosa,
thus forming a continuous line from the At
lantic to the Mississippi. Should this whole
scheme be cariiedout it must arid vastly to
the value of the Western & Atlantic Rail
Road. Indeed this work is peculiarly situ
ated. There has been no roil road proposed
in this or the udjoining s'ales which will not
add to its revenue, and it is scnrcelv possible
that there will ever he any road in the South,
ern states that can injure it.”
From the Armv.— We are indebted to
the Now Orleans Delta, for tbo following
late intelligence from the army :
On her downward trip on Sunday, the
Cross conveyed to the mouth from Cumar
go, six companies of the Alabama regiment,
under Col. Earle. The remaining four
companies, under Col. Coffee, passed down
on Monday, on the Hrowneville. Those
troops were immediately embarked on the*
steamship Virginia, and would proceed on
her way to Tampico. The two companies
of regulars lately stationed here under Capt.
Norman and Lieut. Haskins, which had pro
ceeded to Cumargo, on their way to Mon
terey, received counter orders, and are now
on their way to Tampico, having passed
down to the mouth of the river several days
ngo, and embarked on board the strainer
Undine. We are told that the 3d Illinois
regiment at Cumargo, will be down soon.
Montekey, Mexico, Nov. 12 1846.
Editors Delta —We have a report here
based upon pretty good authority, that San
ta Anna has been proclaimed Dictator. The
Mexican portion of the people place confi
dence in it, end generally manifest a dispo*
sition to oppose liim, although, apparently,
he has some very warm friends among the
most influential.—We also, learn that the
Department of San Luis Potosi had proclaim
ed against Santa Anna, and that he was on
his march from San Luis Potosi to the city
ot Mexico, with Gen. Valencia in pursuit of
him—but I caniM learn the strength of the
two Generals.
Yours. MUSTANG.
P. S. I think there is no doubt thut there
is a revolution in Mexico and that Santa An
na will have some trouble to reconcile all
parlies. The Mexicans hero are divided.
The journal from which wo copy the fol
lowing paragraph, advocated the election of
Gov. Marlin in the last gubernatorial can
vass :
A State Convention.—-We are grati
fied to observe every day increasing evi
dences of the restored harmony of the de
mocratic party of the Slute, a harmony alike
honorable to them and fatal to the hopes and
designs of their opponents. The angiy
spirit which for some time characterized the
course of the democratic press in discussing
the pretensions of the various aspirants to
the office of Governor, has bean, at least to
a great extent, subdued, and the necessity
of a State Convention to reconcile our dif.
Terences, and perfect our union, is now gen
erally recognized.-—Eufaula Democrat.