Western Carolinian

              nt v '" 0 e r v "' '.'",;''?" ' ' ■; u *- " -• ' ™ ' 55 55351 anw me sszsfs s 5i e . e cl.ll m ■ a i *'"" ci,i "-"' »'"■ *»""> *'» >>• adcd »"..!, little remorse the wiadom of legl.l.tlon 1 eipecmiyieenlngrifunglawionooniolonc dr.channtng sali8bury itowan cihjnty n c tuksuay january in is.n vol xi ml 5 !■■ f , j££'tb*»rmmftt wmi i-bom imwih the committee to whom the above ■ mid t b c -. was 1 i - ' a a ' a , in br ht-it-,it „ cnmmuni wrhe georgia legislature adjourned """" n " le l , v l,h excellency the l thunday 93d tilt after an arduous l ' , ' tni i .'^ ji '"= ral a.iembly . e i ., ol nine weeks and four day jw the chief justice of the supreme the nu'tiber of laws pn.ed i 107 a ( "»" l " f the united stale ha sane lj ot which will he found in our cl " oned ■ * m "< "'" r > ■'"« cited lh timna together with a aynopsi of those x me . " ! l "' or s la i through her chiel tz important ' m 6 «« r ir to ppesr before the bo on wedneiday evening the goverri r re r me 1 cou , rt "' "« ' » ited statei tu „ trmimilted to both houses the ue,end » a,d slate against aid writ ol dbioioed cutnmouication relating to ""° r ' at l " <: l ' , '; : "'" °. f t .' : '" r ',"' -, summons uddrcsed to him in .. c„v ' """^ reccm y conv.cud 1,1 11,11 w , but directed to «• the state of geor " a ' "\" \ ' lrl - . . , ia adffloni.hing aid state to appear . a,ld w ? e i fie r r to punish on the second mondav in jiniiary """?* f a """ l . he p tac - and good-order next before the supreme cuurt of the • l s > ; nv ' j accordance v.th the foiled state toan.wei in the case of 1 "'*" 1 . 1 " 8 , ■ u ' 13 lc ' i s " n on an indian tried at hall superior curt i b nal » d ■ nece.iary pan of loverei found guilty oi murder aud iicutcuccd 8 " l y which tne state oi g.orgiu bat . b ' never parted with j^jsi^^^^^^^^^k / 1 ' i'm reiu'e i !,:, h:r sn > 8 ulh carolina do unequivocally etpreas .. llrm retnlotlon to maintain and defend lhe comlllu ; hon of the united states nnd tb constitution i in slate against every agression either 3 gtl or douii-siic and dial ihcy will support iii !■ eminent of lhe united stales in all ihe meaiuri - warranted bv the former lleiolvtd ri.ni this l.eg'ullture must lolemn ly declare a wurm allaehnienl lo lhc union ol ihlle t.tes to maintain which it pledge all it powen and that for thii end it is their int in watch over and nupose everv infraction of ihoie ii ni-i|.les which constitute ilu mil bull il ilia union because a faithful ol.se ii.-.e ol llieni cm alone secure their exillence and ll.e public hipplnen u'nlved i'bai t|,i l.egisllturo doll explicit la and per mil-only oeelare lli.sl il viettl ll.e powen ol the federal hovernment u mulling irom in cnmpaei lo which the statei are par li .... limited l.y ihe plain ens and intention t ihi i sinimeiii oonttltuting tu compiet ind in caie of a deliberate and palpable and dan ger ".- exercin of other powen n canted by ' . s doompict.the stales s ho re pariie.a have tl righl and tire in duty bound ... tnterpoae or a resting the progrcn ol tl.e evil and for maintaining within their respective limits the sfc "' r ' k '""' *" d lllh ' r '-' s ippe'tainlng to rr 1 e ili.g.r then moved to insert tietivccn lie thi d und founh r . lutioni ihe followi g : lle.otied iha ilus leglllalure doth not rc cogniieai bonniiutioiiil the tight of in indi vidual stale lo nullify or arr.al a law passed by lhe united slates in uungresb assembled this resolu ion vis objected lo as a negative proposition wr.ich it was nnt necessary lo decide and that thc word " nullify had received too many in terpretations to warrant its adoption wiihout suth an expl nation of ilus tne sixth resolution contained a motion lor indefinite postponement was decided to be out of order mr thompson then moved to insert the v..;rd unconstitutional so as to make it read " rrest an unconstitu tional law $■ . $. c ." which was not agreed to mr hover then moved to amend it bv striking out all after u.e word " resolved for the pur pose of insetting " that the lrgisla : turc doth rccogutzc the right . f a . stale to urrcs an unconstitutional law i c ogress the yeas and n.iy s iv.-ic taken ii this attien imeni which w i carried 60 to 57 the whole intendment was then rejected almost una imou.lv tne fourth resolution wa then rra.l and agreed to hy a vole ol 83 to 31 it is us follows the vctoei of oen lacks in induced a belief that that system w..a broken down fair the present ; and at all events that the proposition had not been be fore the committee and was too gen eral iu its terms as there were somr internal improvements which could not be denied to be constitutional the amendment was rejected ants .'>.'.. n'.es 60 mr ilarr.son ihen moved to amend it so as to rc.ul " that whenever the states nre luflerfbg df-c thii uiiicii.iiii.-nt was iiii.ini mously rejected tne vote was then t.ken on the resolution anil stood ihu : aves 90 noes 2t the last resolution was read as follows respondent he coun at a |„ e hour . tl|,uir cd wedneiday lie mr di korioil introduced a joint rendu ion proeidii g lor an iinii-n l.neoi to tli cons i|gi 0 „, ,» that .... person who st ii - y „,., ,,..,.„ elected m l.e itice of preslden o iho united slates sin.il again ho eliuibl to thai ollke in lhe trial of jiidg i k ihe testimony on ho part of thr united slates wus concluded the ci than adjourned over io monday next m con sequence of the ib.enca ol mr w|t|a who wjs suddeulv called home by ihe sickness of on f i \. f.mily thuriday dec 30 - l er lhe trans.c ii ... ol bualneii of a local character iha senate ipeni ihe remainder of ihe dii in lhe cousidetjiion ol kxocatiy busi ness n iii'veil thai ihli stale having long eb milt t to the . vll io ilu hope of etlrcia from ihe wisdom ami justice a.f the federal 0 ivern ment doth no longer perceive an ground to entertain moh hope and therefore tint it is neceuary a...l expedient thai a convention i ll.e i'ei.ple of lhis slate be assembled lo meet slier lhc it.ljour.mieni of llie ensuing s.-ss.on of be congreu of ibe united slates for tbe pur pose of taking int consideration tile aid viula lions uf tbe cunalitulional compact 1 nas mnvtd by mr dunlciii aod secnded by mr r barnwell smith thai ihc words after " resolved nd down to that it is be stricken out so is io read " resolvtd that it is ne cessary cj-c this motion was made to obviate the objections of a lew nl lhe members of the convention side who wercu willing to make so solemn ll relinquishment of all h pe of redress by thc general uovernmcni and car ried by a vote oi 68 lo 47 the ques tion w is then taken on the resolution which was carricil by a vote of 60 to 56 there were eight members ab sent from thc v l use from sickness and oilier causes but it is supposed lhal their presence would have varied very little the c reparative result the question then aiose whether the resolutions should be sent to the senate and the speaker expressed some doubt whether th.it od com cn non could be sent there inasmuch as it had p.issed by a majority nuly the question w„s refened to ihe house a id it was decided that the resolu tions could be sent though a hill fouuded on the last resolutions it nas generally thought could not be under similar circumstances it was sugges ted however that il would be better to lake up the resolutions sent by the senate to the house which wetre idem tally the same they were ac cordingly taken up and passed thus ended this important discus sion we have not space at present tn m..ke further remarks out will ere long congratulate our readers on the s.gnat success of the republican parly throughout the whole session land i lie manly and honorable aituudc in which by iheir lirmnesa and per i severance they have placed thc suit of south-carolina friday dec 31 mr sanford prrse'n ic.l a memorial signed bv ., number of cillaens of the r.itv f now y rk in be h.iif.,1 tbe claims of fumed 11 roe i 0 proiident of ih ijni.d stalest which was read nd i ial on tl.e t ibl . m . b.,r 11.111i presented .. ffietmirial from • num bcr of the ciuzeni of pennsylvanis in relation loth removal ot the indian be yond ihe miaslttlppl | woi h was referred io ihe commiliee on indian afl i.s af ter be couaideratinn ol executive busi ness iht scuaitc iljouined over io mon day ft;h summons in so r\tr:vmliii.irt ?^^^*" a p""siassbhhih^h^^h hat many member of the u-gisluttire «'' «"'""■"««■ j ltcpre»ntfil,n-s,to and other citizens are under the im ' "" { v "' v ; vlt " deling oi deep nrcssion thai it is spurious whether '««?'• h ,. e wrference by the chid ui so or not the legislature have ; )""" ° ' h < p court ol he treated the subject seriously and in ., " ltod s . u "« ln the administration ol becoming manner ns will be seeoby the ** criminal law of this state and resolutions adopted by both brunches ll ?" '. uch jn'nterference i . bagrant uo,,.e„j kepeesenlvit nrmmnhy w 2 violation of er right tie following communication was rcsoloed further that his kxel received i'rum ihc governor which ' enc y the governor be and he and after being read witb the accompany ever y other officer of this state is ing document was referred on mo hereby requested and enjoined to di lion of mr haynes to a select com regard any ind every mandate and pro nvttre composed of messrs h.iynei ce « that has been or shall bc served beall of twiggs howard of bald p on him or tl em purponing to pro win m d.nald and schley | tcld r "'" the chief jusiice or any us sociite j.isiice of lhc supreme court executive dapartmebt i l the „„ lt - d h , au . s & the deri iti/ier m 1 830 / , )( arrc5l|ilg , he t . x , cutu)n ,,,- j y j e i sabmit to the legislature for its | criminal laws of this state consideration the copy of a commu an't be it further resolved that his nication received this day purporting ex ellencv the g vcrnm be und he is to be signed by the chief justice of the hereby a.ithirised and r.q.ni-cd with united states and to be u citation ol all thc force nd means placed at lis thc sialic of georgia to appear before command by the constitution and i ws thc supreme court on the second of thia state to resist and repel any monday in january next to answer and every invasion fr am whatever to that tribunal lor having caused a quarter upon the drninistr.ui.il of tne person who had committed murder criminal laws of thii state within the limits of lhe slate to be resolved that the state of georgia tried and convicted therefor will never so far comprumit her sov the object of this mandate is to con ereignly as no independent state i trol the sute in the exercise ol its or t become a party to thc case saughl tlinary jurisdiction which in criminal to be made before the supreme coun cases has been vested by ihe coilltitu of thc united states by tt.c writ iu tion exclusively in its superior court question so far as concerns ihe exercise ol resolved that his excellency thc the power which belongs to the kxe governor be and he is hereby u i ctitivc department orders received ized to communicate to the sheriff ol from lhe supreme court for the pur hull conniv by express so much of pose of staying or in any manner in the foregoing resolutions and such tcrlcring with thc decisions of lhe orders as are necessary to ensure the court oi the slate in the exercise ol foil execution of the laws in the case their constitutional jurisdiction will of genrge tassels convicted of m.ir be disregarded : and any attempt lo der in hall county enforce such orders will be resisted — • — wilh whatever fence thc laws have from the columbia times an.l gazette pl cud at my command legislature ii the judicial powers tnus attempted the great bailie of lhe republican to be exercised by the courts of the and federal parties of this state was united states is submittid to or sus yesterdav decided in the house ol taincd it must eventuate in the utter representatives the leading measure annihilation of ihe state governments of convention on whi.h the repub'n or in other consequence not less fatal forces were divided wis carried by a io the peace and prosperity of our pre m ijorlty hut no ,-, constitutional one sent highly fat red country and hast ere lore failed the passage signed george r gilmer 1 ihe sixth resolution however rc dnited states o ami'.ihov ... cognising the right of a slate to inter r the state nf ti*or s i onuing p '»? » n , cl " '" l lile usurpations ol the ,. ,..,,, federal governmenl which is tin you arc hereby cited and admon d cir.n_t of nullification as wc have l.cd to be and appear at a supreme under , tood btld , d vocated it and .., courted lhe i tilted states lobe hold ,, ,, , ed ,- t|ie ,, rote ,, c „ n . en a \\ ashlngton on the second mon , id „ ed ,„ ____ 0vbrwhe ming triumph tin in january next punutnt to a , hfl , „, h ftepu blicani me writol error filed in the clerk's office i j mow hu f 0 _ tnc ol the super r court ol the state ol eedings an.l for the belter undc-rstan ffiorgu lor hall county in the oouoty di ol hc _______„ republish the report j hall wherein george i aitle abas 1 - %___. p drral committ , c wilh the seorge i aisles alias george lassel v ., ri „ u , a | terat „, n , it received was george tasslc alias george 1 as mr r __ srn , lh w|l „ w „ entlt , el e is plaintiff in error and lhe said ,„ _ ne __ 0f ,„„„,, as soo „ aa tne btste of areorgiais defendant in error house w _ nt into commltlte of thc oshow cause if any there bc why who , , la , the _■___. ___ er 0 f judgment rendered against the said ,,.,. , { , l . arre „ ed ad j the votc n.ge as in ihe said writ ol error ,.,,.,.__ .,.,,-„ m(jlion be | a g adopted pinioned should not be corrected _ ht „ lion w , s tak . n j the c . , - m 21 v m tt t _\ hoiild not be mit;oc on „ -, ,,,,, pedertt , r . flooe to the parties ill that behalf jfcr nd carried tl.e committee witness the hnoergbll john man repotted the resolutions of lhe fed shall chief justice of the sad c!a \ committee lo the house where supreme court of the united t hey were ta_;-n up and decided is siates thii 13th d-y of decern follows the three first resolutions ber in the vear four lord 1830 wrrc gr , d 0 unanimously to wil : — psgoed j marshall ns iv.s c'h just of tbe u t . kntlved ilul lie ugiahuure of lhc slate n house or representatives thursday dec 33 anior.i other re oludoni as it tuhmitted i.y mr ten cey of kentucky for ihc reduction of ihe pei diem compensation ol membcra und their mileage allowance from eight dollars to six | hie house however did not enter upon iii consideration ai.er lhe trsnsacilon ofihe usual bushiest of thc eurly pari of ihc dayi thr huus adopt ed a resoluiioh lo attend be uaie chamber d > lay day during the i rial of judge peck and a 13 .'• lock ttey re solved themselves into a rorumiit'ee of he whole mi cambreli og in lint ct air ami accordingly prooeed d thiihen at near 4 u lock incy returned snd it port ed atari lu house adjourned friday hre 34 the 11 use weni in io a committee of whole mr c-.mbre leng in ihe chair and proceed d io the senile la prosecute ihc impeachments on ihiir reiurn ihcv reported progress .... . i adjourned until monday monday dec 17 — the house attend ed i tie senate inr ibe purpose uf prose cuiing ibe impeachment ut ju ige i'er . tuesday utc 28 mr buchanan from ibe commiliee on lhe juii.i.ry reported a bill funhei io define ihe du lieioflbeaitorneyqen.nl oi ihe uni ted suics ami of the solicitor i ihe treasury it was rod twice an r i.-r red io a committee of th wflplc on ihe stele ul tbe union m uvnihitlcng from ibe committee on comuti rc re ported a bill to iii cenaiu . heirs on foreign merchandise imported into var ous ports in lhe hcsiciii waters n m n »■• similarly disputed ol tha ii usu ihen repaired lo tne senile loi lhc ur poae ol ai ending tin i ial ol judge pot k wllettlveit f.iai he several s.alca c-impriaing tli united siatet are no united ii ii the prin . ip-.-s if unlimited aob.ii.sa.o io lhe uenerai t a r man but bv com pact under the sl.le andiitle i lhe conititulion of lhe united mates and of am ndmrnti thereto the eonidtuled a ov r.i cut for ipecill i'.irp.isea aid gated to t ul government certain definite p wera re !. rvillg cell s.ale to i.aelf tbe r siilu.ii \ niaaa ... right to their own aclf-government andii.ai whentoever the general ia,.vernmeot uaumel undelegated powen uaacaare inauthorilative v.uil ar.il of nof rc . that '.. tliia compact cacti su .- aoccdedaia siate,aiidisan intregal part that the government rrean.l by his compact nas not n.s.le the cxclusiv or ii-a jmigc ol the i-a'.-.n ui lie powers del gated lo i.-elf ai.ic ! thai would l.ave made itt discretion and not the <;...- . 1 ........ i . u.t meaiura nl ita powerii bu that as in all other oamof compact between ,' parii a having no common ju.lgc each part ban i an equal rijrlu ... jildfie tor i.-elf aa welh.f irac ' tionl aa ul lhe mode and meaaure of redreaa wedneiday dee 2d a sin iisrui lino iron on an intendment tiffi-ied i.y mr speight io ihe reioluiioa p posed on tues.l.iv by m howard thlp amcniliiicni called lor thc priming ol the report of the commiliee of lv..vs and means of 13ih march 1828 antl lie re port ot ihe committee on comm • ■ of 8th fcbu.ry 1830 ii was opposed by mr howard on the grou i . f ; t were adopted others would lie offaieda u..d ibe obji ct ultimately ili feated 1 hi inicndmenl w.is lost ; and m cambre icng proposed io mend by adding me report of gen llamilion wl n secretary of the tica.siity,in march 1792 wl lint of mr jilfcrson when secreltiy ot sta'ci in i'ebr.uiy 1793 relating io ine sub jeet embraced in the reports meminned it tl.e resolution v ,. m mis meotlirien a dis ussion ai-oao messrs lit d ud imallurv opposed and mcssis cambre lent wayne i archer advocated it i.elo.c tbe ieanon was taken nr h iae procer.tl.ad io he srua'e m attend llie trial of judge perk thunday dee s.)_tlic hil fir allcr ing ihi tune of holding the ci ■ uit i ' nri of the lluiied suic for ihr northern div nt 1 nf alabama ; ihr bill un homing the president nf the u slates to cause ihi bounder line to be run be teen ieridi nil alabama ; he joiiil reiolu i in . .. id ling the traiimnls.inn of jiuh . loi.umanb prlniml l.y order i c ...,..,, ii providing for the puni .. ni of rl««t :. ii dlstitt t of i : noi . ihe . in .-,. vlbfilg lo the coiipleuon an.l auppo of the i'c.ilc.itia.y iii ihe i-i i ici ... i.v lumbla were severally read a inird li.ne and patted tne fif'h rea.alutia'n was agreed 10 by a vote of 103 to 9 it ita as fol lows : au)rntb=hrst eronorrss luioh'fil th»t ttii i.ejfi-lttitire cloth also ex prcai ii h deep regret that a spirit hai in tftindry ntianoei been manifested by ihe uenerai gov ernment to enlarge ils powers by forced c>iii atruduonl of the constitutional charter which il fines them tnd that indicationa have ap peared of a design to expound ceruin general i h rases which having been copied from the vi ry limited grant of powers m the former article of confederation were the lew liable to be mitconitruedi o as to destroy the meaning and effect of he particular enumeration which ik . laarlly explains and limits the ihtui phraaei and to pervert certain specified nr»n b uf power from i heir true and obvious meaning to purpofti never contemplated by the authon ofthe uonititution or the stutes when ihey a i adoptediti and ao to oonaolidate bv degreca u,e blatei into one sovorew nty t the obvloua teud nrj and inevitable r suit uf which would be to tranafurm the present republican eyatem of the united states into an alinnlute govern ment without any limitation of powtr seoono sesa'iokt taknate thursday dec 28 the hill making provision for in settlement of he claims of certain ci.izens ol ihe united stales for ipolialions on their commeric by the friendi prior to september 1800 was considered aa in committee ol ihc whole anil made the special order of llie d_y im monday next in ihc senate as a high court of impeachment the croas cxa.ni.uiion of mr la r lawless a wii ness nn lhc trial of judge i'cck waa con tinued until near four o'clock wi.tiii the courl adjourned friday he 2 the trial of judge peck w-'s continued by ihi cross eximin jtion of mr i.uke k lawless wsaich oc cupied the un unlit near lour o'clock when ii adjou ml over lo monday next monday dec 27 — the cross-examin oioii ot mr i.ukc 11 latvlesi avhii li oc . upied ihe court until near fout o'clock when il idjourned ovt-r to monday next monday lhe 27 — the croat cxamin ion il i tike f lawless was concluded by ibe counsel i the respondent tueiday dec 28 — alter thc iransac don ol t-xecuiive business in tenet tea ion the senate resolved itself into * high courl ol impeachment und ibe iri.tl f pad^c i'cck wjs continued al icr receiving ibe leitimony ol hetty i oeyer e n thc hev mr merrill end aitboi i mugiunis f.-q illnesses sum nioned on the purl uf the house of kep isciiialivcs.ai.il the cross examination ul tlinac t - iii men by lhc managers of the i npae 1'iua.iai and ibe otaimiet l'»r tlao the sixth resolution reads thus llefilved thai the several acl nf the con gr a nl i be united stales now of laarcc tinpo ling dutiei upon imp sis for ibe pro.rcllou of domes c iiiu.iiifact.ires bave been and ar lie liberate anil highly uangerou and oppressive violations of tl.e constitutional lloolpsot anil that whenever uny stale whicn is snll ring un der this aggtesaion shall loa all reasonable nope if red ell from the wisdom and lllllloe of ll.e federal government it will be in right and duty lo ioterpoie in itt sever ign capacity tor tl.e purpoll of arreating the progress ol the eviluccusi.ined by tl.e aaiil uncoiiltitulionil ac.i mr levy moved as an amendment in this rcb'.luiiol to insert alter thc word " ininufacturcs thc lullowing " and also the appropriations of money bv lhe cungress ofthe united states lor the purpose of internal improve ment te this il was objected that friday de ii the montr reiolvel ta 11 into a cntniiiiitt-v of ihe whole on il.e iate ofthi union for ihe purpois of waaijaiiijig ike l l l.)o relief ti ajrl