The Democratic Whig. [volume], August 10, 1843, Image 2

About The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843

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State, can du'y look lo the Government it
facta ; they can only treat with those who ex
rciae tie powers of government are a bound
t ask, wbHhev those power are constitution,
ally rrercisea er not. It is the city which cv
Sry Bute owe te the great tan ;y of nations ,to
permit bom to ezevcse the power of gr.vern-
oietit nt tnas to srbxmi Hip rightfully oolong
If however rt dies permit u insorpaliori, what
ever acts are d r.s hy that usurping g-vern-tw
nt, whatever eer.trecta are entered into hy
it with lofgn people, whritovec wrle, what
rvcr treaties r m;,.f by it wilh Ibreien na
twos art o!i' ?tu;v uhi boding upon Die peo
ple of the S;ia i biK it was the duty of
that pe-ptogaird it own saL-ly and ita'i
tutions tfcat djo might exercise power but
thse in whom it was TigtrJuily vestid
Any other rue would he; in.practic.abl8, and
wouil subject foreign P .! and people to
the grossest wrong aud inj'wtice, hy enabling:
peutile w make canlrsru,h.rTew money.and
ater itito ajiiarsces.'.hrorijr'i lb gave rmnrnt in
artual power, sn;i aftwwards, if those treaties
or contracts should prove iidvan.a)reous, to
d wvow them, upon ibe ground that they wore
Uia acts of usurper ol ib'.-efore not obliga
tor. A iw eiamp'ei w.ll serve to illustrate
this rule of law. VVIiiie Jfapoloou Bonaparte
was Kmt consul of tlie French nation, be ib-hicek'braUd-,rer!iii
and Milan d.icree?,"
! y virtue ol tkli ioiouitnus and illegal re.
scripts, a large B'lnibor of American veeosels
were te te and tboir good confiscated.
Twenty-five yearn ailerwarda,wlien a new dy.
nasty ll come into pwer when Napoleon
wii joihrond and exiled and after lha Gov.
ernrocnt of France iiad been rei'orcd to its ie
g tinute and constitutional channels; the
American Government called u;kii the French
nation for iuJeaiiuly ani comfit tied it to rerau
nor a' e our citizens for lha looses which tlicy
bad ustained. Jt is noed'ota for me to aay
thai Napoleons whole government was illegal
and contrary to the fundamental laws ami
constitution of the French people. Duttjam
while Napoleon was yet in pow er, and acting
aa first consul of the French Ku public, be en
tered iuto a treaty of cedaiotl with the linitod
State, by whicli for a amputated prico, he Dee
ded to the United Sta'es the Louisiana Terri
tory. By virtue of ihia treaty, made with a
potentate declared by the Freocb people to
have been an usurper, and whose acta all vio
lated the fundamental lawa and conatitulijn of
France, the 8:ato of Mississippi at this time
forms one of the Republics of this Union, in
Mtead of Constituting an integral portion of tho
French Empire. Has France eversougbt to
tepudr.te this treaty or to declare the ac' of
cession void, because mauo without authority
y N.poleon ? No answer need bo piven lo
this question. Vet she would certainly have
an equal nglit, and with as much appearance
of law in her favor to declare such (rcily void
and to re pu Jute terms, as Mwsitvnpi has to
ccsirt the payment of debts contracted in hT
name ny a icgieiaiure and J-jtecutive, choeon
in the forma prcscriaed by her craistilution.the
laws passea for the creation of which debts
appear upon their ftco to be regular and eon.
Binuiionai, ana me oonus evidencing, whtcli
debt have aiiixed to theni, her great real, the
emblem of ber sovereign v. itself unDortinir
verity, and which bonds are abned too by her
ivKhiuius viiiei mapittraie, countersii'iicd by
a 1 rcasurer duly and eonstitutienaly ofected.
I hare now Gentlemen, denionitraled, I be
heve, that by the principle of our municipal
law, by the maxims of courts nfEmiity. and bv
th. U-m .fiAintg ine conduct of nationr.our
n'Slie n oblle1 10 W tho Missisainpi Union
Bank Bonds ; unless something eonnnec.tod
with tho supplemental charter of that Bank, or
with the at and notation of the Bonds,
will discharge ber frotn the obngaUoa
v briefly examine those questions and see
m"1? ' 'ill'er8 au-itain the repudsators.
Much Oiat I have said heretofore is applicable
to the supplemental charter of the Bank ; and 1
am grca'ly relieved from an investigation of
theconsiiiutianaJify of it, by the t'e:iiiJn oft be
ii"iii inuunai in our own state,
T.ie supplemental charter wruenuted by the
,i gis latnre of lSJA 'J he Bill for that purpose
pabsc-awio House ot Kepresentativea on the
btli dav of February 1833, by a vote of25 to
" Paset(l the Senate on the 13: h day ol
February, of the same year, by a Vole ofU3 to
S.and was approved by Oie (ioveroor on the
-y of February. Thoi it will be
seen that large majorities of the Legislature
in both House., were in favor of this b.il, which
Tact may be considered as evidencing the wish
es of tho people upon tins subiect. It obiac
ted to tins law, that it changed the orig, nal
charter, and consequently, that it required the
act. of the tw o fcUuret ,n order to give it
yahd. y arj to b,nd the State. Upon th paint
the II, ght court, m the case of Beasly Camp
bell vs the Union Batik remark as follows.
" I he supplemental act makes no .Iteration
u.ntover in regard to this section; (th 5th
s.xuf.ti ple,)g,g Uie faith of the btate) it
tban-es ineune respect, (!, 01C,9 ol
L.R er.giual cha !er m the mod, of carrying
thccur.watiTH, into successful operation, and
T. 11, , Gvern,' o fubscrihe lor stock
ra .i.e. faith of lha 8(ate.-The object of the
;....'. is not changed, on the contrary the
H&'iiT S?",a' Pedinaid of the on-
. ,,,0cho,U i'o per.
tofal r7,TM0D ,,"l' ,0 '"eeem. fufficUnt
to justify the conclusion it is unconstitutir J.
31. Tm f.li,e Hmfn ot 1,19 "omtitalioo
wat doubtless to g,ve the people an opportuni
ty of ju Igiiig of the policy and propriety of ma -king
a pler" of iho faith of the State, and it
would ioem to be reasonable that enough ol
the same should be published to inform them
as to the object. If this eould be done by
publishing one section, alone, ihon the reason
'or requiring publication wouM bo fully an
swered aa much as it would by publishing
the whole la nr. The fth section alone con
tains ample information on tho objects in view
in making the pledge. Indeed it is the only
part of the whole act which does declare for
what purpose and in bat manner the with of
tho state should oe pieana. ny it the object
was declared and the pledge made and the man.
nor and the time was to be fultillod fully specitt
ed.the people must have been as fully informed
for all useful purposes by the publication of
this section as by the publication of the whole
act, so that the reaten which operated in the
formation ef (tie constitutional provision ai.d
which was strenuously contended for as show
ing the necessity for publishing also the supple,
tnent was fully socurod,"
Again--''Letit be supposed then Uiat the
supplemental act was void, does it necessarily
follow tin t the original act is lor that reason
alto void 5 I cannot perceive how such a
consequence would follow. That which is
valid cannot be destroyed by that which is sold.
A void act can have no influeno on a Valid
one, and if it t-e true, and it is aot denied that
the crips il act would have ee valid without
the suplomental, then it would seem ta follow
that its validity could not be shaken by a void
supplement."
After ilns decUsion made by our own coin4
upon this questicn, 1 consider it worse an
useless to discuas it further : for I am i U as
sured that to those who will resist the rce of
such an argument as this, nothiti' :h I
could urge would avail in tlie slighest degree
to change their opinion.
TheUiirdand last objection which 1 shall
proceed to notice is baited upon the violation
oftheir instructions by thesgenuannomted to
se.l ihe booJs. Ti Governor (M'Nutt) in his
messreatotne leg-slature in 11!, reuira to
th s sale, and says tnat the commissioners ex
ceeded 'heir powers in tho sale of the bonis ;
but in this message there is not a sicre mtim
atioa that fof ihis reaam the Slate should re
fue te ratify and sanclmo tiie contract. On
tbe wwnj '.he wlwle memtg proceeds upon
the idea Uwt uen g oe rat.:.d ;.:.! m
reference U tiie LA.: y tmu. r. i ! y the p-sie,
the Uovewr omssi t e fuiowiog tcwrl-sj
bui.'iisire ;
The larrfl intcrt w ' . h the f- ate Bouses.
ses in ihu i lauturs ai d ta bak ir.aes it
iociimbent m fte e c.i ygur parncuar aH
tion to tli a" . f l-iodi.cof Uiose in; tn-
tioas. Ihe Ui'ii of tlis t-' :'e is pkjred tr
Jt r9demtion ol io nLinons ol bouu.4, sod
to taka aiock in t. Flan.ers' hunk, and the
whele of the capital of tlie Mississippi Chios
bank. A jms! regnrd for ths honor of tiie tate
dein .mis tiit those instil i'iorn should be ninn
ag"d with great prudence, ui ordrUiat ample
prorbion be ma le for tb! pnnctual payment of
the mterest ot tbo bonds at maturity. -At
this time, only one fourth of the five mil
lions had been paid to the bank: and honesty
ty and good faih required that Die State
should then, if ever, dissent from the sale and
repudiate the contract.
At tlie ssme session of the legisla'urc, a com-
mittee appointed to enquire into the conduct of
the commissioners in selling tne bones, among
other thintrs, made the following report :
"Contrar, bowever, to the expectation of
every one tamilhar with tne dalressea conoi-
tion ot the stock market, a negocm lion oi rive
millions of the bonds was effected by the com
missioners, highly advantageous to the State
and the bank in accordance witn tne injunc.
tkma of the charter, requiring; ibsm to be sold
at par value. A sale reflecting the highest
credit upon the commissioners themselvs, and
bringing timely aid to an emoarrassea comma
nity. Fran this report, only one member (Gc.
Foote) d ssented; but In his dirsonting report
he does not even hint as to tlie propriety of re
fusing to ratify the sale. On the contrary, ho
bases his report upon the supposition that the
money shall be received, and proceeds to in
dicate the policy which the bank, thus put into
operation, should adopt. In his dissenting re
port, he usee the following language i
"And whatever respect the undersigned
may and certainly does entertain for the dis
tinguished commissioners, who effected the
negotiation with Mr. Biddic, and however he
may b inclined to look over, yea, even pet.
haps commend, under all ei cumstances, their
si ght tranpgreseion ol tlie authority commit
ted to them in tlie sale of the bonds at less
than the amount stipulated in the charter; yet
the undersigned would esteem it at least a lit.
tie indiscreet did he even feel special gladness
en the subject at all, publicly to congratulate
(he legislature upon the sale of the bonds as an
operation at all surprising in its character, or
to avow the least astonishment that the nego
tiation was found to be a thing at all practica
ble. The aale was, possib'y, the best that
could be made at the time in the United States
and the undersigned does not at all doubt that
Nicholas Diddle was he only man in tlie Uni
ted States prepared at the time to buy so
larpo an amount of slock of any kind."
And airain: iu tbe same report, at page 227,
he'mnkes these remarks upoty be character of
the bonds oi tnu o;aiu;
"Although the sale ofihe bonds in Philadel-
phia is not a matter wmcn mo unuersigneu
w'll complain of, and he freely acknowledges
that Ois commissioners, under all the eircmn.
stances, seoni to deserve eonie credit; yet he
cannot concur with the majority ol the com
mittee, he strain avers, in declaring the least
surprise on the subject of the sale. All Europe
knows, or at leusi every man engaged in ouv.
ing aud selling of stocks is bound to know, th.it
these bond.i of the btate of MiBswsippi consti
lute, well ni?h, the best stock in the world."
Such was tho action of tho first session of
tho letrulature which met after the -aio of the
bonds. Aaain: initio, the legislature met,
alio a icpjii was uiduv ua uic u.imm, du.i.,
which the ulea of repudiation was not even
hinted at. The legislature again met in 1S41,
at that session the following resolutions were
adopted by the House of Representatives;
"1. Bi it rrtolocd the legislator rf the
S. ite of Mitnitsipjii, That the htate of Munis
sippi is bound to tho holders of the bonds of the
State of M .ssisslppi, isued ar.d sold on account
of the Planters' and Missiwiipi i Union Banks,
for the amount of tbe principal andinterest due
thereon.
lit it further rrsolveJ, That the State
of Mississippi will pay her bor a's, and preserve
her faith invii late.
3. And be if further resoletd. That the in.
sinuation that the State of Mississippi would
repudiate her bonds and violate her plifhted
faith, is a calumny upon tbe justice, honor and
dignity of the State."
At the sime session ot tne Legislature, me
Senate adopted the following resolutions :
"1. Be it resoieed by the UsrisUtture fftht
Stale of Missiisinvi. That it is the sense of
tins Legislature that the character, ine aiano.
ing and true glory of the fcitate depend upou the
sacred inviolability of its engagements, and
therefore repudiate Iho recommendation eon-
tamed in ihe message ot tlie executive, not to
pay, the bonds of the Slate.
"J. lie it further resoM, Thnt the State
will fully recujnize and acknowledge her obli.
gatlon to pay the bonds of tho State, amount.
?...! i ii -1.1 ,u-io
ing to nvo millions oi uouars, soiu in iduo wj
N. Biddie, Esq., and will fif the same shall be.
come necessary by a failure on the part of the
M seissippi Union Bank to provite lor (hem,;
ma'ia every exertion to ptovido for the pay.
meat of both principal and interest as the sa.ne
may bi come uus. Patsedthe Senate January
t9, '
Thus, then, it will bo seen that o tor from
dissenting from Ihe sale of the bonds and refu
;ng to recogr.ize the sime'on accjimt ofavi.
olatioa of their power by the commissioners,
tlicStato haa at th-ee different wssions of the
Lrsislaiurr, ratified their acta. If, then, it bi
admitted that the commissioners did exceed
their power, the State cannot now avoid the
payment of tne bonds for that reason. The
rule of law ra thus laid down on this subject by
Mr. Story in his work on Agency :
"Where the principal, opon a full knowledgo
of all the cireums'ances of tlie case, deliberate,
ly ratifies the acts, iking, or omissions of his
agent, he will be bound thereby, aa fully to all
intents and purposes, as if he had originally
given him direct authority in Ihe premises, to
tho extent, which such acta, doings, oromis.
tions reach."
"Thus, for example, if an agent, who is em.
ployed to purchase goods at a limited price,
should exceed that limit, and the principal, alter
full knowledge of the facta, should receive them
on his own account without objection, it would
be presumed, that he intended to ratify the
transaction."
So, if a person should, without authority,
make a contract to borrow money for a corps,
ration, and Uie money should b applied to the
benefit of the corpora turn, which should after
wards recognise it as a debt, by paying inter,
est thereon, and passing accounts relative
thereto, it would amount tc a ratification ot sor
rowing of the money."
These ru'es being applied to this ease, the
right of the Bute now to deny her liability by
reasm of " m"xtiuet in the commiaaio it
ers, completely taai-n away.
The State, by the numerous acta of her Leg.
islature by the vaioks reports of her com
mittees, and by sundry resolutions of tU Leg
islature, has reeogniied the validity of these
bonds siid her liability to py thctn; and though
tlie bonds were originally Homed in an ulegal
mannei- though they might have been ncgo
eiated without authority by the commissioners,
yet the SMato, by thexe numerous acta and res
olutions, wotild now be esropywf in any court el
law to deny their validity. This qnestioa is
conclusively settled in the case of the Common
wealth vs. IVjepscut propnetoi, 10i!.vs. R.
l.Vi, in which lit court declare, that where a
resolution ef the Legislature dKlared that the
boundary between the lands ot the lommoa. j
1 wealth and those of a pntata company, to ba '
certaih fa.ls n eui.or,cd in the mroltiUoo, tho
Srato w as afterwards eelopped to deny that
such fells were tlie true bouuorr. App'y tins
pruicipie ol ia to the State of &iisiaipji,and
in what court could she hope to obtain a ver
d 't ia ber favor !
I have now Gentlemen, endeavored to show
tbe Uabih;y of the Sute to pay these bonds, si
a questiou of law; sod 1 think you will say with
me that it is perfectly demonstrable thai she is
under a lesai ob'galH to redeem uieuk I w.ii
not attempt lo discuss the policy and morality
of Una question, nor the ability of the State to
d.rfcbarje this debt. These matters I will
leave lo othor members of this club to present
to the people, lfsatisficd of the legality of the
obligation, I believe the people of our State,
wna scarce an exception, would cesireto see
them paid. 1 do not know any thing except
bankruptcy, which can excuse a State or nation
from the payment of its debts. Tbe obligation
on it to pay, wb-n able, w as sacred as that
which rests on an UKlinduaL it may he mat
the money borrowed has been squandered!
su II the Stale is bound to car.
"When once debts have been eontracted by
lawful authority, the rrhtof tbe creditor w in
defeasible. Whether the money borrowed
lias been turned to the advantage of the State
or sqnandcred in foolish expenses, is no concern
ol the person who lent it : he lias intrusted the
nation v-uti hie property, and tha nation is
noun a lo renore n lo nira again: a mncri
the worse for her if she has committed the
management of hor tHana to improper hands
Vsttel, page 227.
CuLllBCS, MISS.r.:::!::::TaL'ESDAIllC. 10,
roa race idejit or tub chiied staiis,
HENRY CLAY,
or jTBirrcc.
LKT K WOT BE KHOItDEESTOOD, KD 111
ME EHT&EAT THAT I MJT HOT BE HISKEPRE
SENT ID. I AM NOT ADTOCATTWO.THE EEvTVAT.
or a moa r&OTECTtvv CARtrr. I ah ros am
dimo it the rRi.vr.rpi.te or the ConrReMms
Act : I aw tx noma what ho Southern
stan or A fais oe cakod hind has evf tet
Diino rvma to theoototet a revenue
WHICH MAT JE0VTBE R THE rOONOHICAt
WANTS Of THE GOVERNMENT, AND AT THE
SAMS TffE am AM ntCIDENTAL MtOTECTIOX
TO OUR HOME INDUSTRY, Ir THERE BE HERE
A SINGLE GENTLEMAN WHO WILL DENT THE
FAIRNESS AND FROrRIETT Or THIS, 1 6IMLL BE
GLAD TO SM AND HEAR WHO HE li." Extract
from the Speed oUkxrT ClaT, deluerei in
the V. S. Senate, Mtrch l$t, lt, a thart
time before retiring from that body.
WHIG B0XD-PAY1XG TICKET.
For Governor.
CEOBGK U. CLAVTOX, of Lowndes
For Secrelaiy of Slsto,
LEWIS G. GALLOWAY, (of Holmes,)
For Auditor .f rublic Accounts.
LUKE LEA, (of Hinds.)
For Stale Treasurer,
WILLIAM HARD EM AN, '.(of Madiron
A largs portion of our spsce in to-day's psper
is occupied by ths address of Mr. Yerger, deliv
ered before tha Anti Repudiation Society of
Jack too.
Ws commend it lo our readers for ths ability
with which itarguca ine coniliiu.ionaliir rii,
Union Bank charter.
The Editor of the "Columbus Democrat,'
seemcjto think tint t'ltre may be some danger
of our "passing off by a kiud of self-propelling,
spontanooas, mental combuslioii," and, after
piying us some equivocal compliments npon our
natural disposition, advises us lo abandon wha'
he is pleased lo describe as our habit, and to try
bis "plan of operation for a month or so," end
he gives us his word thai ire shall "feel like an
other man." We djn't know that ws have any
distinct idea of what he means by this "silt
raorxuLiMO, aro.vraNxevs ms.itai combustion,"
but if such a coodiiion of the mind is indicated
by ths usual attendant of combustion, soma de
gree of bril'iancy, ws can assure him thai bs
n.;ed not entertain the slightest spprohenpion on
his own scosunl; for not one ray of light has
ever been known to emanate from his. He ia"
deed, does occasionally exhibit a highly illumin
sted face, which has the peculiar glistening an.
pearaaca of an old suaivxLLVD res oniun, but if
this proceeds from any tendency to "Combuj.
tion," it lies in tin stomach.
Ws are not familiar with our neighbors "plan
of operations" but judging from appearances
that he entertains no very high opinion of ths
frequent application of water, to ths surface for
ihe promotion of health and comfort, ws should
suppose that, if we were to adopt his habits, s
much thoitcr poriod than a men Hi or so, in
such weather as the present, woulj be sufficient
to make as "feel liks another man altcgether."
WHIG MASS CONVENTION.
At the celebration by tlie Whigs of Philadel
phia, ofihe last national Anniversary, tlis fol
lowing resolution was adopted;
"Resolved, That ths Whigs of Philadelphia
tender an invitation Is ths Whigs of the Whole
Union to meet in Grand Mats Convention, on
the 4U of July, 1 W4, at Independence Square
in tha city of Philadelphia, to respond to the
nomination of ths National Whig Convention."
Buch Conventions daring ths sanvasa of 0
had a powerful effect opon the last Presidential
election. At them, associations wois entered
into, friendships formed, correspondence estab
lished, and a epiril of enthusiasm and a determi
nation to crush koofoeuism were infused into
tha whole body of the Whig party throughout
lbs Uni .n,which resulted ia their triumphant
success.
With his usual regard for fairness snd truth
tka Editor f the "Columbus Democrat," char,
gos na with baring abused Gov. Tucker "with,
out stint," in aa article of mere than threa col
umn. The pices alluded lo, is a rsvisw of Inst
portion ef the Governor's messaga in which hs
attempt to vindicate himself from any eeniure
in relation to ths means, by which Graves ob
tained the two per cent fund from ths United
States Treasury, and concludes by recommend,
ing to the Legislature that ths money b again
demanded from tha General Government, Tbe
article embraces a plain, statement of facta, and
tbe necessary inferences from I he oi .and refrains
throughout, ft ota personality sad abuse. Our
ssge neighbor concludes hi remarks upon this
piece by a kind of indefinite promise lo give It s
particular aot ice hereafter. Without claiming
te ourselves tin sl gbtest eredil for the author
ship ofwhat ba is incastble of answering,
vent a re Uts assert hjii thst our vuerabie old
mousing neighbor will neither reply to ft, bor
even mak tin attempt, unices possibly be ajtay
finded to it by this direct denial of hit ability
to do soefftctuaUy.
t inier the bead of "tf ILKt II and STATE
CANT and WHIGGERY," ia ths last Bomber
ofii.s ",M.stiMi(pian,"av9ry BOiaaeroos snd
unjuttif.able attempt is ode to excite prejudic
against air. Claytoa set aceount of his being a
member of a religious denomination. Tha F-d-iior
insinuates s charge that Mr. Claytoa has
beea selected sy Uie Whigs, that they may avail
thtmseives of his cwioectioo with the Methodist
Church te incresm their stmith, and that hs is
hypocrits enough to Biaks b.s religious profea
iuns subsidiary to Lis political advancement.
Hs ssys, "The dumcet members of this, as well
ss every other chnreh.wiH enter a protest against
this trifling with spiritutl anattsrs-egeinst
bringing a religion of peace into tht turbulent
arena of violent paity politic. Tha hopes of
another world oanoot be eenfeaBdsd with the
K hemes and clunar of dirts politicians." Te
sustain this wsnton snd unjustifiable Insinu
tion against the sinceiity snd purity of Mr.
Claytoa's Christian character, bo extracts from
a little sheet published ia Winston County, oahV-
sd lha 'Louisville Messenger,' sa article, which
folly indicates the source from which it ems
ftlts.
All, who1 bat any aoeuu.llancs with M'r.
il.tM, r to whom be may becosas known
previous to lbs election, will sppreeiute properly
this attack npoe his feelings aa a t.'br isliad. Ws
sheuld bs doing inj jsu'c to hit high standing in
every relation to condescend to repel so ground.
less an impulafion, and ws have been induced
to notice it only to expose ths unworthy and di
reputabls snsans, which bis opponents adopt to
prejudice his caase. They must indeed be at a
loss for a point of attack, when Ihcy attempt to
assail him in his chiraclcr as a Christian.
A writer in Ihe columns of "the Mississip
pian," one'er ths sirstture of "Cssla," and to
whose long article ths editor calls especial at-
lention, in giving an account of Mr. Clayton's
speech st Canton, charges him wilh being "an
old fashioned, full blooded srialocrat"!.'! He says,
it was to escape society esmposed cf just such
aristocrats as Mr, Clayton, that one half of the
emigrants to this Bute Cad themselves here
Throughout ths entire communication Iho wri
ter's object teems to hare been to enli.t tho pre-
judices of ths poor sgainst Mr. Clayton, by
oharging him wilh being an aristocrat, and by
endeavoring ts areata tho iinprcsiion that hs is
extremely wealthy. Such is always Ihe last re
sort of demagnguiam, when all other modes of
attack fail.
If being immoderately rich could be consid
ered scrims, we might readily put in tlie plea
of "not guilty," for Mr. Clayton on that chargi
ibr, although his means are ample, (the most ol
which he hat accumulated himself,) be cannot
bo properly called a vorr wcslthv man. And as
to the chsrgo of his being "an old fashioned,
full blooded aristocrat," we have no hesitation In
saying that we believe it would be universally
accorded to him in tlm community, where he is
best known, that thcro is no individual of plain
tr or mors unprsteoding msnncJt in his gener
al intercourse with society, than Mr. Clayton
Ifa mav rerhans.bo a little "old fashioned," but
as society in this section of Uie Slsls is not re
markably fashionable, wo never beard that ob-
jectien made to him facie. lie certainly ha
the appeal uios ,ru "full blooded, fur be is
quite a largs man snd of a sanguine tempera
ment, but notwithstanding, we think him deci
dedly geod looking, snd ws think that General
Biown has felt that il does aot render him less
efficient on the slump. But as to his hoing an
aiistocral," bah! as "Shocco" would say.
TIIE ELECTION OF '40.
Nothing is more common than to hear Loco
Focoa attribute their signal defeat in '40 to the
bumbuggsry, bribery and corruption resorted
to by Uie Whigs. They eoem not to reoollecl
upon whem this charge reflect'. Whilst they
effect to entertain tho most unbounded deference
to tlie will of tbe people, and the highest respect
fer their intelligence and capability of deciding
correctly upon whatevei subject is submitted to
their judgment, they ehsige. them wilh Ihe groe
sest gullibility and corruption in the manner in
which they exercise their right of determining.
They assert that they were not defeated In tho
last Presidential election upon a trial of the
merit of Mr. Van Duron's Administration, but
by ths improper influence, which the Whig
party brought to bear upon it, in corrupting ths
people! Put, passing over this serious chsrge
coming from ths highest sources of Democracy
against the sovereign people, "whose voice is tbe
voice of God," ws would suggest the enquiry,
whom did they corrspl, Whigs or Democrat?
Tho Whig did not require corruption, for, bo
sides being according to ths Loco Foco repre
sentations already sufficiently corrupt, there
was no necessity to bribe them to support their
own measures. Ths corrupting influence then
usl have been exerted upon lha Loco Focoa
themselves, and what a vaat amount of corrupt
ible material Ihey must have stfordid when we
coaaider the overwhelming majority with which
the Whigs succeeded!.' Certainly this view of
the esse has escaped the attention of those gen
uine Demonrato, who are constantly attributing
Uie lose of the election in '10, to causes, which,
if correct, exhibit that party in so disgraooful s
light. Tha following which w sxtract from
lha New York Expiese is a sensible exposition
of this mailer,
"Tbia ridiculous charge of fraud ia
tho Elections of 1S40 involves nobo
dy, to bo sure, but the Loco Focos
themselves. If my body was Dougtit
or bribed alt will admit they were not
Whigs. There was no necessity of
bovine them. Of course such pur
chases were made from the ranks of
the Loco Focos, if made a all from
tha immaculate Loco tocos. Irom
the people in whom Mr. V an liuren,
Mr. Benton, and the Evening Tost
profess to put so much conGdence!!
"We are not canea upon w ueny
that both the leaders snd the led of the
Loco Focos are purchasable commo
dities, but we beUve they are not
worth purchasing, as President Tyler
i l find out when tie nas oousntjust
as many as he has offices for. j
But whether purciiasea cr not, tney
were not wanted in IS 10. The utter
eorrnpiion of the administration of Mr
Van Uuren tho universal system of
robbery and plunder which he eu!r
liahed and approved, were sufficient to
overthrow twenty such parties as that'
then in power.
There is another consijsratian coti-
noctcd with this thare of baying up
tho Loco Focos, which, if it were true
would operate somewhat upon the Van
Buren party in their alie mpts lo re
nominate their mister. If Oiey vert
bought onCt ihey can It bought again.
If they were bribed and deceived once
they can be again. If they thus over
threw Martin Vran Buren once, they
can again. Tbe people themselves,
(be unpurchasable multitude) have
probably dot discovered any new traits
of honesty in his character or policy
since the last Presidential election, or
il ihey havei the Dews has not been
made public."
The following la an extract from ths Rrpoit
of tht Committee appointed to investigate the
conduct of R.a. Graves and other poblio ofSoore
which we oopy from the last Mississippian.
Ii will bs seen lhat ths portion of the report,
which we copy, is in lelation to the recomm
nation ef the Governor to ths Legislature to re
quire ths payment a second time from the Gen
era) Govern me, f the amount, which has el
ready been paid into the hands of Graves.
We are pleased lo perceive Uist the committee
of tlis ilooss have refused lo saacUon thia on'
principled recommendation of ths Governor's,
snd hsve given each a general statement of his
Honor's connection with this transaction as to
shew plainly what they thoughlof hie quibbling
defense, wkieh be took the occasion of publish
ing in hia official message.
Since the discovevy of tho defalca
tion of Graves, a correspondence has
taken place between the Governor and
the Secretary of the Treasury of the
United States. The Governo; contends
that the amount of the two per cent,
fund, except tho sum of ten thousand
dollars, was illegally drawn from the
United States Ircasury by (jraves;
and that tho payment thereof, by
the cecrelary ol the United States,
was mado "not only without the
authority of this State, but in di
rect violation of the will of this State,
and therefore in his own wroni;
and at the risk of the U. Swtc3." Any
one who will examine the history of
this matter will be convinced that the
Secrelrry of the Treasury acted in
good faith in this matter ; and that it is
now too lite to take the ground thai
the Governor assumes; and to call up-
on the United blates to sustain the
loss which results from the thefts of
our absconding Treasurer. On the
2d of April, 1943, the Secretary of the
Treasury, by letter requested the Gov
ernor to inform him w ho was the pro
per person, authorized by the Legis-
lalure of iho Stale of Mississippi, "to
receive (lie amount that may he paid
on account of the threo per cent, fund."
This enquiry was caused by the appli
cation which had been previously
made by the State Treasurer I'cr
lhat fund. Jt is true, (bat the enquiry
extended only to the three per tent
fund ; but the answer of (he Governor
not only covers the question, but goes
farbeyond: Jo rrply, the Governor
says, "That Richard S. Graves, Esq.
Treasurer of the btate ol Mississippi
is duly authorized to receive all mon
ey due to tbe btate of Mississippi, as
well from the three per cent. lund, a$
from all other Bourccs:" and "that
it was formeily the duty of the
Governor to receive this fund, but
by subsequent legislation, the duty
devolves upon the Staio Treasurer."
Language more broad could scarcely,
and if it does not corer the caso of the
reception of tlie two per cent, fund, we
may safely say, that language belter
calculated to lead the Secretary of
Ireasury into error could not have
been employed. Our statute declares,
that it shall be the duly of the State
Treasurer "to receive and keep the
moneys ol the btate. Uioward &
Hulchenson a highest, page 73.)
With this statute and broad construc
tion given to it by tlie Governor, the
Slate Treasurer presents himself be-
foie the Secretary of the Ireasury.
He produces his commission, under
the seal of the Stale proves his identi
ty, and demands his two per cent.
fur,d. What further evidence of bis
power would have been acquired by
any one but a quibbling Secretary f
Tho Governor admits that be then be
lieved, and now believes, that his
letter truly staled "(he general legal
power of the Treasurer," which was
to receive all moneys due to the State
1 hat his reply "gsve no power or
authority to the Stale Treasurer, nor
was it so intended ;" but "timply sta
ted the law." This is doubtless true,
but his letter was intended as an eci-
dence of power and authority, and as
such only was it- desied. The law
says that tha I rcasurer shall receive
the moneys of the State The Gov
ernor officially announces, that the
Treasurer is authorized (o receive "all
moneys duo the Slate," which is the
same in meaning and effect with the
language of tho law ''moneys of the
State ;" and it would have been more
quibbling on tha part of lh Secretary,
to have told our Treasur?r that his
authority was insufficient that the
letter of the Governor only embraced
moneys "then due," to wit : at the
date of the leitur. As well raV1' ,jC
have informed lha Trea-u.rur t' '. i'e
statute authorized him to rict-ivo und
safely keep only t!,e .-; '' !
were liir? money
t.mo o!
If f pas
Yo.
com.i ''
re? vi' r
ft a i 1
I i, i i it!., .on to thts fund; and
y are ihercfWe impelled to the con
clusion, that UiO Governor was not
correct in tbo information which ho
communicated lothe Secretary of the
Treasury ; and that the State Treasu
rer wai not authorized, by law, to
draw all moneys due the State from
"all sources." But as jour commit
tee are of opinion that the Secretary of
the Treasury acted with reasonable
caution, and used due diligence in
this matter and that the money was
paid in good faith to our Treasurer,
the committee bolieve that it would be
unjust and improper, after the nioncy
had been received into our Treasury,
to call upon ihe United Slates to make
good thd loss which our State was like
ly to sustain by the embezzlement
of those funds by our own officer.
But there is a further reason why it is
now oo lata to set up this claim.
Tbe books of the Auditor of Public
Accounts, as well as those of tho
Treasury ; show th&t this money has
been received into the Treasury,. By
ihe advice of ihe Governor and attor
ney General, the Auditor, on tho Slat
Jay of February, A. D. 1313, issued
his receipt warrant to the Tieasurer,
which authorized him to receive this
money into the Treasury, and pass
the same to the credit of the State ;
whicli was accordingly done upon the
books of the Treasury department.
At a meeting of tho Anti Repudia
tion Club held at Columbus on tho Cth
of Augubt. The following resolution
on motion of Joseph B. Cobb wero
adopted and ordered to be published.
1. Resolved, That tho interest now
due on the Planters and Union Bank
bonds issued by the Slate of Mississip
pi is a just and legal obligation and
one whichshould ba discharged with
out necessary delay.
2. Resolved, That it is the sense
of this association that the State is am
ply able from her numerous resources
to meet all her outstanding liabilitius
and that tbe same can be dene with
out little more or opprcsivetaxaiion.
3. Resolved, That the welfare of the
State demands lhat immediate action
should be taken by the legislation at
me enMiing session lo provide for the
extinguishment of tho interest due on
all her bonds, and that this Association
considers it htme3t and ennitahla .thift
such a course should be forthwith ta
ken and do hereby recommend tho
same.
GRAY A. CHANDLER. Prs-
CiiAnLits It. Cruhvjb Sec.
'OMHUMCSTI D J
TIIR OLD I IGAK.
( ir The tld arm chair
I lovo it, I love it, and whs i ha'1 dare.
A) elude me for loving ihis el i cigar.
How ewoct 'lis lo gc on in brijU blue smoke
As it rises in wreaths ti 1 ta curia are broke!
As a light cloud of heav'n shiwly tiiey nwic,
Calming the soul to gsy visum of ipve,
So gently ihey fl ,al on the breuth of ihe air.
Anil in fragrance expires tfii. old ciirar.
Ita'spaii.ai (remly it mount to the brain. .
Rnuscs the tincv j'kI SooiIk s cv'ry aiu,
The piuaaures c Ve Lit, ihe y wo'ee Itmwrf
The levels wo ve seen in time, lhat hs fiowr
The tisions ol youth, tho dnys of rci:uncc,
The lighl forms we 'so seen move in Iho ihtfi' 0,
And featurea wc hue, thoujjh absent afar,
Ar? wreathed in tho smoke of this uld cigar.
That lovely being ws with for is there,
The light flowing roba and glassy black hnfr,
Unr.ws ve adwej, as suaie sacred prr.c,
And by hours havo waleh'd for one gliiije of hef
ey ) . ..
That sweet kind smile wo 'vehupedut in vain;
The power ofTsucy guests us then.
And words ef love seem to fl jt on tiio air.
Thiongh the curling smoke of thai old cigsr.
Tis gone, 'tis gonr, but no lime can erase
Th' impressions of joy il kares in its place
The visions of Fancy, a foretaste of Heat's,
Ths pleasures of Mem'ry its msgie hss given,
Tho bright hurs of life it leaves us behind.
As in mild frsgraiice il fl'iat en the wind,
And wilh iU last breath il sweelsns tho sir,
I bless e'en Ihe stump of lhat old Cigar.
U-
Mr. Luke Loa, who waa n an mated bv lbs
Whig Convention for Ihe office of Auditor, has
declined Ihe canvass. Ths selection of anofhar
individual will devolve opon tho Whis Central
Committee.
MAKOIfiD.
On the evening of the first inst-by the Rev.
J. C. Keony, Mr. J. A, son of D. Monteomerv
r,s1. otuctibbcha County Mississippi, 0 Mas
MARY A. DUNLAP of Choctaw County
, B ,j ,, anu nappy miy iMy fK
Bict wimconuntnd from misfortunes free.
H.
GieEAT DISCOVERY.
ELECTRO OtILDIXG AM)
SILVERING E8TAT2LISittIEXT.
BYA.R. WOLFXXGTON.
MARKET STREET.
M'lalic arlickt, af every iL tcriptwn, Guilt
iS'iiwrerf in the most durable si,nu. .ml m
any thickness required.
Surcieofand Dental InUnmrnlt ran now
bo Guilt or Silvered Without diilicu'tv. as tho
u o oilic.Uia entirely danonsen wilh.
Kni, ; a-ul Forks may be made to snnear
ks O'o'j or Silver, rrejninna' none of the lab
or to c.eau them which is imUperiRiMo with
Steel ; and benij also proof against the effect
of l he acid when uaedm cating truit, preserves
Oii V tiled W'tr' ie rendered eiina! to New
or, raiaer, is art .'-, ma,k not; and
w '"i worn oil', si-am. by Lard service, can be
' 1 as vi i .. - - c vr
A '! A -licit if l th ,$, dj-c which are
e ' ti be k-t b";'.t, mav be noweaa
:! w-:i. Ur.'d at i,ir a it : " : a". H as
1'.
.k'.Caf
M.I, n
-" flf 1
WAKKANTrlD.
i ths a "' m . lis of
i , ff Semis.
!