Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, February 14, 1837, Page 262, Image 2
ly. It would seem that wheedling messa- j a
gt g hav*' been sent to the enemy by every j o
body, from 'he two commanders down to a ' e
Captain. S ill* no great result has been j e
ob aitied, and now another or winter cam-1 t
paign, has been for some time on loot; the i 1
sole direc or of which, besides nil the ad- j \
vantages over me which Ivave just been i \
enumerated, bus had, from the beginning ! [
the further prospect of ending the war by ' <
the failure of the enemy's ammunition, and j
trie knowu want of long perseverance on the j ;
part ofall Indians. <
But, notwithstanding all thos ; advanta-;<
gas, it would seem that, up to the hist dates, j 1
not a Seminole had been sent out of Fiori- i
da sin^e I caused four hundred to be ship. :
ped from Tampa Bay. T.ies", , is true, j <
w *re culled friendly Indians; yet, it' it had ;
not been for the awe inspired by the pres. j
enceofthe Army, and some little decision,
on my par, this detachment would long ere
have been merged in the groat body of the !
IMlllOM
MWVUV ,
!CR.wrbst::k*s protest against expunging
A PART op the senate's journal.
The debate having closed, and the ques- ,
tion heing ahout to be taken, Mr. W Ki"5- j
STCR. rose, and addressed the Senate as j
follows:
Mr. Prti'nlent: Upon the truth and Jus
tiee of the original r*. sola ion of the Senate,;
mid upon the authority of the Senate to pass
tiiat resolution, I had an opportunity to ex- ,
press my opinions at a subsequent period,
when the President's protest was before i%.
Those opinions remain altogether unchan.
fc-d. . . !
And now, had the Constitution secured j
the privilege of entering a Protest on the !
Journal. I should not say one word on
tuis occasion, although if what is now pro- !
posed shall l>e accomplished, I know not 1
vi-Kilt iL'nnM k'uvi limm l1li> vmImii nfciltf-lt 1PA. '
? l?(?i If V/IIIU IKIf l/WII ktIV- 1 IklVIV u? WWVII |MV- ^
vision, how v r formally or carefully it j
inigh: have been inserted in the hotly of that j
instrument.
Rut, as there is no such cor.s.itutios a! !
privilege, I can only ctFoct my purpose by
taus addressing the Senate; and i rise, there- j
lore to make iliat PROTEST in this man- j
nor, :u tho face of the Senate, and in the face \
of the country, which I cannot present in I
any other form.
I speak in my own behalf, and in behalf .
of my colleague; we both speak as Sena- j
tors from the State of Massachusetts, and,
as such we solemnly Protest against this
whole proceeding.
We deny thai Senators from o her1 States
have any power or authority to expunge
any vo e or vol-a which we have given here,;
and which we have recorded, agreeably to
tho express provision of the Constitution.
We have a high personal interest, and ;
the State whose representatives we arc. has t
"" * ~ * 1
ulso <1 high interest in the entire preservation
of every part ami |?arcel of the record j
of our conduct, as members of the Senate, j
This record lite Constitution solemnly do. j
chros shall be kept; but the resolution before |
tire Senate declares that this record shall be j
eipurigrd.
\Vnether subterfuge and evasion, and, ;
r* it appears to us, the degrading mockery !
of drawing Mack linos upon the journal, shall j
or shall not lea\ e our names and our votes le- ;
giblo. when this violation of the record shall j
have been cornplo cd, still the terms "to expunge"
itml the terms "to keep" whon applied
to n record, import ideas exactly con- j
tradictorv; as much sons the terms ".o pre- ;
serve" and the terms "to dos.ro"
1 :i'j oijhxl Ui up: prvviaiuu iu mw
sdtutiou, us wo think most obviously, is, that
tbri proceedings of tho Senate shall be preserved,
in writing, not for the present only,;
uor until published only, because a copy of |
the printed journal is regular evidence; but i
preserved indefinitely ; preserved, as other ;
records are preserved (ill destroyed by time
or accident.
livery one '..est sec that matters of the
highest importance depend on the pcrma- J
neut preservation of the journals of the two
I lotto s. Wis;; but the journals show that
bdls have been regularly passed into laws
through the several stages; what hut the
journal shows who arc members, or who is ,'
Pr?*siJen\ or speaker, or Secretary, or Clerk
of the body? What but the journal contains ;
the pro )f, neccvsarv for the justification of'
those who act under our authority, and who i
without the po wer of producing such proof1
must stand us trespassers? What but the ;1
journals show who ir, appointed, and who ,!
rejected, by us, on the President's nomina- j'
tint); or Tviio is acquitted, or who convicted. '
in trials onimpeachment? in short, is there,
at tiny time, any other regular and legal j'
proof of any act done by the Senate than ,'
the iourml itself? i
The idea, therefore, that the Senate is '
bound to preserve i.s journal only until it is
published, an 1 thai may alter, mutilate, or
destroy it at pleasure, appears to us one of !
the most extraordinary sentiments ever aJ- ;(
vaneed. j1
We are deeply grateful to those friends ,1
who have shown, with so much clearness, r
that ail the precedents, relied on to justify or i *
to excuse this proceeding, are either not to , N
tho purpose, or, from the times and circum- f
stances at and under which they happened,!1
are no way entitled to respect in a free :1
Government. existing under a written Con- t
stitulion. B i\ for ourselves, we stand on :
iho plain words of that Constitution itself. ; v
A thousand precedents elsewhere made, c
whether ancient or modern, can neither rc- v
cind, nor control,' nor explain away these ja
worth. jc
The words arc, that "each Ilouse shall . a
kotF a journal of i's proceedings." No '
gloss, no ingenuity, no specious interpreta- j h
tion, and much le>s can any fair or just rca- j c
soning reconci'e die process of expunging it
with the plain meaning of these words, to c
the satisfaction of the common sense and p
honest understanding of mankind. . il
If the Senate may now expunge one part a'
of the journal of a former session, it may, j tl
with equal authority, expunge another part, I c<
or the whole. It may expunge the entire j rc
record of one session. fc
I: sceins to us inconceivable how any men w
can regard stich a power, and its e?<ruV,- I h
??????
t pleasure, as consistent wi;h the injunction s'
f the constitution. It can make no differ- v
nee what is the completeness of the act of a
xpunging, or by what means done; whether l
y erasure, obliteration, or defacement, as c
ere proposed, whether one word or many \
rords are written on the face of the record: t
rhcthor little ink or much ink is shed on the s
taper; or whether some part, or the whole, \
>f the original written journal may yet by j ?
lossibihiy be traced. If the act done he an [ I
ict to expunge, to blot out, to obliterate, to <
;raso the record, then it is expunged, blotted
jut, obliterated, and erased. And inu'ilaion
and alteration violate the record as
nuch as obliteration or erasure. A record 1
iiibsequently altered, is not the original re- <
:ord. It no longer gives a '':st acvonnt of
iroceeiiings ol the Senate. It is no longer
rue. It is, in shor, no journal of the real
md actual proceedings of the Senate, such
is the Cous.hulioa says each House shall j
keep.
ThcConsli ution therefore, is in our J.-lib-j
srule judgment, violated by this proceeding
in the most plain and open manner.
The Coiis'i'ution, moreover, provides that j
ihe yeas and wiys, 0:1 any question, shall, I
at tiie request of one-fifth of the members ,
present, be entered on the journal. This j
provision, most manifestly, gives a person- |
al right to those members who mav demand I
* / I
it, to the entry and preservation ot their j
vo cs 0:1 the record ofthe proceedings of the '
hoilv, not for one day or one year only, but;
for all. There the yeas and nays are to i
stand, forever, as permanent and lasting j
i
prooi Ol lljo liutnuor in \>IIIV-Iiui'.iiii;.;i3 nun ,
voted oil great and important questions be
tore them.
But it is now insisted that the votes of >
members, taken by yeas and nays, and thus ,
entered on the journal, as matter of right, j
may still be expunged so that that, which it
requires more than four-fiths of the Senators
to prevent from being put 011 the journal,may
nevertheless, be struck of? and erased, the
next moment, or at any period af.erwards,
by the w II of a more majority; or, if this be J
not adinit'ed, then the absurdity is adopted
of maintaining, that this provision of the
Constittrion is fulfilled by merely preserving
the ueas and nat/s on the journal, after |
o ^ ?
having expunged and obliterated the very
rcsolu'ion, or the very question, to which
alone they refer; leaving the yeas and nmjs
thus a mere list of names, connected wi.h
no subj? ct, no question, no vote. We put
it to the impar ial judgment of mankind, if
this Prt c tiding be not in this respect also,
directly and palpably inconsistent with the j
Constitution.
We protest, in the most solemn manner,'
that other Senators have no authority to 1
deprive us of our personal righ's, secured j
?o us by the Constitution, either by expunging,
or obliterating, or mu'ilating. or defacing,
the record ef our voles, duly entered
by yeas and nays; or by expunging and
obliterating the resolutions or questions on
which those vo;cs were given und recorded.
We have seen, with deep and sincere
pain, the Legislatures of respectable States
instructing the Senators of those States to i
vote (or and support this violation of the [
journal of the Senate; and this pain is
infinitely increased by our full belief, and j
entire conviction, that mos*, if not all those
proceedings of States had their origin in
promptings from Washington; that they
hare been urgen ly requested and insisted
on as being necessary to the accomplish- j
tr.cnt of the intended purpose; and that j
it is nothing else but the influence and I
power of the Executive branch of this:
Government which has brought the Legis-1
iatures of so many of the free States of'!
this Union to quit the sphere of their ordin- :
ary du'ies for the purpose of co-operating i
to accomplish a measure, in our judgment, |
so unconstitutional, so derogatory to the j
character of the Senate, and marked with '
so broad an impression of compliance with j
r>ower.
1 ~ .
l>ut this resolution is to pass. We ex*
iec? it. That cause, which has been pow rful
'enough to influence so many State j
Legislatures, will show itself powerful !
Plough, especially with such aids, to secure i
lie passage of the resolution here.
Wo make tip our minds to behold the;
spectacle which is to ensue.
We collect ourselves to look on, in silence, I
vhile a scene is exhibited which, if we did '
lot regard it as ruthless violation of a j
>acrcd instrument, would appear to us to j
ic little elevated above the character of a j
ton-letnpiiblc farce. i
This scene we shall behold, and hundreds j i
)f American citizens, as many as may j<
trowd into the lobbies and g lleries, will j!
ichold it also : with what feelings 1 do not J'
mdertako to sav. (
But we Protest, we most solemnly j.
jkotest, against the substance and against ; ;
lie manner of this proceeding, against i:s ! t
bjects, against its lurin, and against i.s ; t
llect. We tell von that you have no right
* 0 ; f
o mar or mutilate the record of our votes j 1
[iven here, and recorded according to the , j
*ons:i:ution ; we tell you that you may as (
veil erase the yeas and mys on any other t
[ucstion or resolution, or on all questions
nd resolutions, as on this ; we tell you c
hat you have just as much right to falsify I i
he record, by so altering it as to make us !
ppear to have voted on any question, as j1
?-c did not vote, as ^ou have to erase a re- !
i j r
ord, and make that page a blank, in
rhich our votes, as they were aclually given j t
nd recorded, now stand. The cue pro- <]
ceding, as it appears to lis, is as much j
falsification of the record as the odi'-r. j
Having made this PROTEST, our duty Q
; performed. Wo rescue our own names,
liaracter, and honor from ali participation p
i this matter; and whatever the wavward j tr
laracterof the rimes, tiie headlong and j ft
tinging spirit of party devotion, or the j E
ar or the love of power, may have been
j!c to bring about elsewhere, we desire to j d
ank God that they have not, as vet, over- j ^
>mc the love of Liberty, fidelity to true j
publican principles, and a sacred regard j jJ(
r the Constitution, in that Sta^c whose soil | ta
:s dre?^?d, to a mire, by the first and f hi
>? b'eoa of tiie Revolution. Massachu-' Jo
et'.s, as yet, lias not been conquered ; and j
,'hile we have ihe honor to hold seats here J
s her Senators, we shall never consent
o a sacrifice either of her rights, or our ,
>\\n; we shall never fail to oppose what j
ve regard as a plain and open violation of j
he Constitution of the country; and wc i
iliouM have thought ourselves wholly un- ;
vorthv of her if we had not, with all the i
joleinni v and earnestness in our power, j
Protested again>i t!:c adoption of the res- :
>luiion now before the Senate.
Washington, Jan. 31, 1830. j
There has been an unfortunate occur, i
rcnce in our District Court, which litis j
t\\e;ted considerable uneasiness, and from i
die course which it has now taken, is likely 1
to be productive of still more. I should
not have noticed it in a communication for
the public, re it not dm* the newspapers
.viil inform you that a communication was
made to the House of Representatives
yesterday, from two of our highly respectable
members of the Bar, exhibiting charges
against the Hon. B. Thiiuston, one of our
Judges, which was referred to th-* Commit
tee 0:1 the Judiciary, ami ordered :o bprinted.
It appears that Mr. Coxc? and Mr:
Judge, while the former was arguing a
cause, had some dispute, the latter having
interrupted Mr. Coxe, and left flic Bench,
and used some very offensive language.
In consequence of this eircums;auce, an
impeachment is sought for. In extenuation
of the conduct of the Judge, it is but right
to stale that ho is subject 'to hypochondria
to a lamentable extent, the effect of which
is to impart a morbid hue to the character
of his percop.ions. Indeed to such an extent
does this disease affect him, as o in erfere
with his domestic, as well as Ids public
life.?Charleston Courier.
CONGRESS.
I.\ SENATE.
rPi!r?c/ifav. _Tnn. ttl .
The Senate resumed the consideration of
the land bill.
The question being on the striking out of
the pre-emption clause,
The motion to strike out was strenuously
advocated by Messrs. King, of Georgia, and
Bayard, and opposed by Mr.Tipton, and finally
lost by yeas and nays?yeas 22, nays 24.
Mr. Clay moved an amendment confining
the preemption efaturc of the bill to the lands
which have been surveyed : which, after debate,
was also lost?yeas 23, nays 23.
Mr. Black moved to restrict the operation
of the bill to citizens of the United States.
Carried?Yeas 24, nays 21.
Mr. Walker moved to confine the bill to the
States and organized Territories of the United
States. Agreed to.
Mr. Talmadge offered an amendment confining
the operation of the bill to the year
l5?40. Agreed to.
The question was then taken, as in Committee
of the whole, on agreeing to the bill in
us unicuueu iorni, anu carried?zn 10 10.
Feb. 2. Mr. Clay presented a petition from
English authors asking the privilege of securing
to themselves the copy right of their
works. After some desultory discussion it
was referred to a special committee, consisting
of Mot-srs. Clay, Pros ton, Buchanan, Webster
and Ewing. /'
The Land Bill was taken up, when Mr.
White offered a substitute embracing the principles
of pre-emption, graduation and taxation;
which was opposed by Mr. Walker and advocated
by Mr. Sevier till the hour of adjournment.
This bill was further discussed on the
third, after which the substitute proposed by
Mr. White was lost.
house or representatives.
Wednesday, Feb. 1.
the indian department.
The bill making appropriations for the current
expenses of the Indian department, and
r._ r..icn: * *. ?: i??: ~ *!._
ior luuumig iruaiy supuiauuu:? w uu we \ <iuuus
Indian tribes, for the year 1837, comingup;
and the question being on concurring with the
Committee of the Whole in tlie amendments
made thereto,
Mr. Cushing addressed the House at length
in reference to the general policy of the Governmcnt
of the United States towards the
Indian tribes.
After some remarks from Mr. Everett in relation
to the manner in which the emigrating
tribes had been removed; the failure on the
part of the United States to comply with its
treaty; and the frauds which had been committed
upon them,
Mr. E. asked for the reading of a letter
which had come under his knowledge, subse- ;
qucnt to the adjournment of the House last
evening ; and which was published in a paper
that he had ascertained to be very respectable.
The letter is an extract from a gentleman
in the West, and appears in an Arkansas paper.
It refers to the removal of the Creeks j
by the contractors, to their destitute condition,
their want of proper food and clothing; i" i
consequence of which, many of them fall be-:
hind the main body, and perish; and represents !
the scene as one to which no portion of Amer- j
ican history can furnish a parallel.
Mr. Parker complained of the entire want ;
A specific appropriations apparent in this bill
as compared with the bills of previous years;
and thought that one way to secure the effec- i
lual fulfilment of the treaties with theeinigra- !
ing Indians would be to specify the particular
imounts of money, and the objects to which ;
hey should be applied.
A long debate followed, in which Messrs. :
O '
Dawson, Halsey, Everett, Cambreleng, Was. i
:ock, Lewis, llayncs, and Parker participa- j
ed.
And, the question being taken, the House ;
:oncurrcd with the Committee of the Whole ;
n the amendments made to the bill.
The bill was ordered to be engrossed for a '
bird reading to-morrow.
Feb. 2. Various appropriation bills were i
lassed.
Feb. 3. A resolution was passed allowing '
o Mrs. Susan Decatur, widow ofthe Commo- ;
lore, a pension for five vears from 1^34.
" i
from washington.
The annexed letter comes to us from a !
ource deemed every way authentic. Its i
tatements in rpgard to General Jackson's dis
leasure with Mr. Cass are confirmed by infer- j
lation received by the Editor of this paper j <
oin persons friendly to and intimate with the j i
Ixecutive.?[Baltimore Chronicle. i
Washington, Jan 29.?A report is current
lat in consequence of the dcvelopements at 1
ic Court of Inquiry, .and the urgent solicita- < 1
on of many of the officers of the Army, Gov- !'
nor Cass is to be forthwith recalled. I did I ?
?ar that the President had determined "to 1
ke their responsibility," and to nominate as 1
s successor during the pending week, Mr. <
of North Carolina, ftlie same gentleman '
whom you may have observed, mentioned for
the War Department) who it was said would
proceed, without delay to Paris. It is said
that the President charges him with deception
in having assured him that before General
Scott could possibly reach Florida, abundant
provisions and army stores would be ready
there, to sustain an army 5000 strong. This it
now appears was not and could not have been
the case.
CHERAW""GAZETTE.
T( i:SDAl, FM1HI Alt! 1 J. 1S37.
Congress.?Owing to the tardy movements
of the Mail we received no proceedings
of Congress in time for an abstract for this
! week's paper of later date than the 3d.
War with Mexico.?To the astonishment
: of every body, who can be astonished at any
thiiigoccurring in the political world, tiie Pres;
idcnt, on tho 7th inst., sent a message to Con|
gress recommending "that, an act be passed
authorizing reprisals, and the i >c of the naval
force of the United States by the Exccntive
i against Mexico to enforce them, in the event
! of a refusal by the Mexican Government to
, come to an amicable adjustment, in the matters
| in controversy between us, upon another demand
thereof made from on board one of our
vessels of war on the coast of Mexico."
There is, in this, a mock heroic, which we
suppose the President and his advisers consider
mighty valorous. Would the President
' yield to any demand made upon him in such
I style as he here recommends I If not, why
does he propose making a demand of others
such as he wonld not himself yield to !
It is rumored that Gov. Cass is recalled
I from France, and that the President has fallen
i out with him, for some alleged insinccritv.
|
! The Bank of Charleston has determined tc
j increase its capital from two to four millions
| of dollars and divide the new stock among the
old Stockholders. Some doubt having been
i r.
j expressed whether the Bank had the power,
! under its charter, to make this distribution ol
1 the new stock, the opinions of the first law.
! vers in the city were obtained on the subject
I and they all agreed that the Bank had sucli
1 power. Wc do not ourselves see any reason
| why the owner of Bank stock is not as much
| entitled to the benefit of an improvement in
! its value as the owner of real estate.
1
I According to the calculations of the admin.
_ o
i istration party the popular vote cast for Mr
j Van Buren, for the Presidency gave him a
majority of 27,643 over all the otlier candij
dates. The calculations of the opposition, or
j the contrary, make the aggregate vote of hit
opponents to exceed the number cast for Mr
V. B. by a majority of IS,066. We are al
ways sorry to see statements like these para
ded before the public, for effect upon the un
' thinking- and ignorant multitude. It may b(
I consistently done by consolidationists; but nt
j intelligent approver of the federative character
i in the constitution can honestly do it. It was
j not intended bv the framers of our govern
j nicnt that the President should be elected b}
j a direct popular vote. We were no advocates
i of Mr. Van Buren as a candidate for the Pros
idcncy; but whether a majority of the people o:
t the United States preferred him or not, a mai
jority of the federal votes were fairly cast for
| him; and we do not think it now a fair ground
? of objection to him, that, if some other mode
of election which we may fancy had been prei
scribed in the constitution, he would not ac|
cording to that ?node, have been elected.
The M investigating committee" raised under
the resolution of Mr. W ise, passed a resoj
lution requesting the President and heads ol
Departments to communicate information on
i specified points. To this the President returned
an indignant answer, which has been
, published in the Gi.obe. Owing to the great
I irregularity of the mails we did not receive it
in time for this weeks paper; it shall appear
I in our next.
1 - - t V_1 if _ ? ||
I \v e arc permmeu 10 puousu me iouowmg
extract of a letter from Major Ilarllec to his
brother in this town, dated
Ox Board Steamer Charleston, f
3d Feb. 1837. $
Dear Brotiier:?I am now ou my return
from Picolati, whence I went with 3 companies
under my command, (viz. Durant's, who
went on to Volusia, and Cannon's and Brown's,
who are stationed at Picolati, awaiting orders
from Gen. Hernandez,) to Black Creek, in
order to join Blakeney's and Pearcc's, with
which I go out to Santa Fe Bridge, and will
be stationed for awhile in order to establish a
Post. The place is one of no little consequence
?there have been several severe battles fought
at it, and it is the great thoroughfare and
crossing place, besides, 011 the road from Carey's
Ferry to Fort Drane. I expect to take
out 2 pieces of artillery.
The division of my command has had a tendency
to produce great dissatisfaction in the
Battalion, damped the ardor of a great many
of the soldiers, and in fact, I think, impaired
its efficiency, and weakened its chances of safety
and protection. * * * *
I have written to Gen. Jessup, however, these
circumstances, and requested, if possible or
practicable, that I should be restored to the
whole of my Battalion, and put into active
service. I don't believe there is a man in tiie
Battalion, but who would prefer to take the
held with me, with all its disadvantages, and j
they are many, rather than to be kept in the
most comfortable garrison in the Territory. .
[ wrote Gen. Jess up that I felt pledged and !
responsible for the efficiency and protection !
of the S. C. militia, and if he joined us toge- j
ther again, .he would bur be doing sheer justice
to them, and i sincerely believe, helping the j
service. What time I shall hear from him, i
or what will be the result of inv application, I I
cannot say, though I think he will order us j
out into the field, and turn the sick and worn i
down of his command into barracks.
The Horry Volunteers, under Capt. Durant, ,
had a little adventure on their way up the ri- j
vcr. Some Indians were discovered on the '
dge of the river and wore fired on, one was in j
i boat and at the first fire lay in it, he at length
oso and on a repetition of the fire from tho
joat lie dropped in it, it was not known wheth- ;
r he was killed qr not as the boat was under
vav and keot rifl^1 ha:! t!c woods j
passed through the fore gangway of the boat
but did no injury. The inen are, in general,
j in good health, with the exception of a few
' colds. They are undergoing regular discipline
! at Picolato. Capt. Merchant, U. S. A. is in
i command?a very agreeable and prompt man.
The war is thought by some to be nearly at
! an end, bui I have few hopes on the subject
with the present force in the territory. The
; Indians are acting on the defensive entirely,
and the difficulty is in fmdingthcni, which can
! only be done, by throwing a sufficient force
into the territory to meet them at every retreat.
Ten or fifteen thousand men would be required
for this, and I believe that it would be the j
most economical as well as most expeditious
course to do it at once. Should this course not |
! be pursued, I have no question but that the I
1 war will cost tiO millions of dollars. There
| are from 1 to 'JOOO Indians, besides negroes
j scattered in parties in every direction, skulking
With their families from the sight of civilized
; man.
Arrived at Black Creek. I Tound Captains
Blakcney's and Pearce's Companies, had arrived
on yesterday morning, generally well with
exception of severe colds which we all have.
I regret to say that Capt. Cannon left at Jacksonville,
E. F. in consequence of an attack of
_! l.aii mill nrm-nnt liNtalrintr tllP
ri)t;uiuaiisuj. ?>iiitti ?..u,6 ..._
field entirely. Upon information received I
will discharge him from the service, as it is
the only course he can pursue with propriety.
It is also his request 1st Lieut. G. L.
\Viiliamson is promoted in his place to Captain,
and 'id Lieut. J. C. Brown to 1st Lieut. The
| company will elect their 2nd Licftenant, and I
| will of course sanction it. For the sake of in
formation to their friends please have these
;! facts noticed, and that I am extremely sorry to
part with the very efficient and clever officer
( Capt. Cannon, who equally regrets the necesI
sity which drives him home again.
'< .Capt Blakeney and Lieut. Pegues are well
| and in good spirits, so is also Lieut. Pitts.
; We leave to-morrow for Santa Fe Bridge, j
CHARLESTON & CINCINNATI RAIL ROAD
COMPANY.
; Col. Memminger in his report to Gen.
i | Hayne, President of this Company, after re:
i turning from his agencv in North Carolina,
o o 7
! says:
i The following are the amendments which
1 have been added to the Charter by theLegis1
i latum nf N Carolina.
1. After the Rail Road shall be completed,
the Bank is to issue no Notes of a less denotn;
ination than ten dollars.
, 2. The Branch in North Carolina is to be
located West of the Catawba River, and its
capital is not to exceed One Million of Dollars.
1 ' This location would, in all probability, have
i been adopted by the Company as a matter of
course; and the amount of capital it is con:
ceived will be found fully adequate to all the
. ! purposes of a Branch in North Carolina ; espe'
cially when it is considered that the Branch of
' j the United States Bank formerly located in
1 j South Carolina, had a capital of but half a
I million more. It was thought too, that if
l j another branch, or a larger capital, should
, ; hercaf.er be found advantageous to the Stock
i holders, the very increase of business and pro'
press of the Road, which would make it ad
vantageous to them, would induce the people
- I of North Carolina to ask for the change.
. i 3. The State reserves the right of interpot1
sing a tax not exceeding } ]>cr cent upon the
capital employed in North Carolina ; but no
} , tax is to be laid until the road is finished, and
r i until Ki.v per cent per annum is realized by
s i the Stockholders uj>on their whole invest.;
inents for the entire period during which they
r J may have been out of the use of their money.
' This amendment was necessary to preserve
> I equality among the banks in North Carolina.
. ' They all pay an annual tax of $ per cent,
f and it was thought after the Stockholders had
been made whole, and the Road finished, this
Rank should stand upon the same footingwith
the rest. For the same reason the 26th secI
tion of the Charter (which makes the Notes a
? ' tender at State Treasury) was stricken out,
I there being no such clause in other Bank
Charters.
4. Counterfeiting the Notes of the Bank is
made a crime, and subject to the usual punish.
ment of forgery.
j 5. The IiCgislature of North Carolina may,
i whenever a forfeiture of the Charter has been
*! incurred, order proceedings to be instituted
C/*i. o fmo I aT tlin Krt
IliU UdUA) IKJL U Ll tax Vi IliO IllUbbVs& W"
fore the Courts, reserving' to each party the
right oftrial by jury, and of appeal to the Supreme
Court; and in case of judgment against
, the Bank, the Court may appoint Receivers,
to collect and pay its debts, and distribute the
i surplus among the stockholders. This clause
is nothing more than a special repetition of the
general law, applicable to all corpora/ions,
j 0. None but citizens of the United States, j
are allowed to vote at meetings of the Stock
I holders. The only effect of this clause will
j be, to give the management to citizens of the
j United States; a thing which would take
place without the amendment.
7. In case of an over subscription, preferj
ence is to be given to the citizens of those j
i States which grant the Charter.
8. Other Banks are restrained from subscri- j
bing to the Stock of this Bank.
Another subject submitted to the North Ca- j
rolina Legislature, was the act passed by this
State, to amend the Charter of the Rail Road
Company. The object of this act, was to give
corporate existence to the Company, in the
three States of Tennessee, North and South \
I Carolina alone ; in case Kentucky should not I
relinquish certain conditions imposed by her.
If IvpnturU-v should release these conditions i
| "V ...
j this amendment will be unnecessary. To tin's :
amendment the Legislature of North Caroli- ;
: na added an amendment, which was then
much more important than subsequent events ,
j have now made it. It provides, that the Rail |
Road shall pass up the valley of the French i
Broad, and shall cross the Blue Ridge East of j
| the Butt Mountain, into Rutherford countv.
j
FOREIGN'.
1 Texas.?The Secretary of War has issued
an order announcing, on the authority ofpris- j
oners of war lately escaped from Meta moras j
that formidable preparations were making to
attack Texas; and calling upon all able bodied ;
men to be ready to repair, at a moment's warn- !
ing to the standard of their country, with arms, j
ammunition, and provisions for ten days. j (
New Orleans, Feb. 1.?Gen. Bravo at |,
Metamoras.?By the arrival yesterday even- <
fng, we learn that Gen. Bravo had arrived in
Metamoras on the 9ih ultimo, in advance of
the troops under his command. When the
vessel sailed, which was the 23d, several de- j ]
tachments of troops had come in, and others to j
the number of 3,000 are expected. Quanti- J;
ties of military stores had also been brought j
in, among which were seen, portable batteax j
for crossing rivers, &c. In fact, the material i
preparations for invasion seem far more com- t
plete than before, but still the great material t
of all, is said to be wanting, as complaints were
not suppressed, of no pay having been for some j s
time received. Thus the note of preparation j
for the invasion of Texas is more than sounded.1 (
Mobile, Feb. 2.?Mexico.?The Brig Lucy,
Captain Bell, fromTanipico, yesterday, reports
that the Califomians had separated themselves
from the Government of Mexico; and that rumors
were in circulation to the purport that
Com. Kennedy,of the American squadron, had
landed several hundred men to assist thein in
the stand thus taken.
The following is an extract of a letter from
Vera Cruz, copied from the New York Star.
"Affairs with us in this quarter continue in
a most unsettled state, and bear an aapect of
war with the United States. A resolution is
now before Congress to pass a non intercourse
act, as it is said, with our country*, and another
I to declare a war; but I hope the leaders of
Government may not act thus unwisely.
"Bustamente, formerly the President of the
| Republic, and lately returned at the instance
of the existing Government, will, it is supposed,
be rc-anpointed to that office, or named Dictal
tor.
"Should General Sagta Anna reach the
! shores of his native country again, which I
j doubt not he will in a few months, (being now
i in the U. S.) he will place himself at the head
of Government. It is supposed that he ha?
a strong party yet in this country. The anny
is with him, and the clergy is also on his side;
and with all his faults, he seems the only man,
; in my opinion, capable of nilmg the destiny of
i the /epublic.
uP/vmmnntn ic ltr fillon nff twfliMi
lO givavil ?UiJVU VU *V IVillU Ul?
past year, and particularly with the United
i States; and unless some favorable change
, should be brought about, we shall find it necessary
to close our houses. A forced .Joan of
?3,000,000 is proposed to be raised forthwith,
j to meet the disbursements of Government,
which meat be paid principally from the chest*
; of the foreign merchants. The Texas war
I will probably be abandoned, at least for the
present, for want ot the necessary means of
carrying it on. The navy of the Government
^ is now in port, and unabie to proceed to sea,
j from the same cause.
indian war.
Tallahassee, Jan. 21.?Another Draft.?
Our citizens learned with astonishment last
! week, that Gen. Je.^np had made a requfof(tion
on tiic Governor for a battalion of militia
to act with the regular troops.
J
indian hostilities.
i I'rtr tlin lificf'tv<?D L- irn hava Koon al.
, - .. ?vv? ??u;) ?.|
most hourly re-reiving reports of depredations &;
murders, committed upon our citizens in the
; neighborhood oflnvinton and elsewhere by
! parties of hostile Indians.
There is no doubt of the truth of roost of the
accounts: A gentleman was in our town
i the day before yesterday who reported to have
! assisted in the burial of six persons who had
i fallen victims to the murderous savages. A
i skirmish had also taken place upon Kowakee
; Creek in which two white men were killed,
I Gen. Wellborn of Irwiuton is also reported rb
having been killed in another skirmish.?
J Houses have been burned and a large amount
J of property destroyed. It is high time this
remnant of savages were removed or exter|
minated. The troops in this town have gali
lantly volunteered to quell these insurgents
: and will forthwith march to the Nation.
Montgomery (A/a.) Journal.
FLORIDA WAR.
T*.. OO
auutisiinbf #au?
Maj. Foster, with a party of Creek Indian?,
: has gone in pursuit of 4 or 500 Seminoles who
J were represented to be in a swamp about 80
j miles south west of the Wahoo Swamp. A
! detachment were to move on the 22d, for the
Ahapopka lake, near Lake Monroe.
We have been favored with the following
: extract of a letter, from which we derive addU
i tional information.
Ft. Armstrong, (Dade's Bat. Ground,) J
January 21,10 o'clock, P. M. (
An express lias arrived tliis moment from
; Maj. Foster, informing that 11 Indians and
8 nrgroes have been captured by the Indians
I under Major F.'s command. He is in pursuit
of the others, and hopes are entertained that
, he will succeed. Two Indians were killed by
the volunteers, (Indians.) The captives are
| men, women and children. We march at ?fey
; cak for the A-ha-pop-!:a Lake, near Lake
onroe.
Brig. Gen. Hernandez, and his staflj were
mustered info the service of the U. S. by order
of Maj. Gen. Jessup. He is assigned to j
the command of the country east of the St.
, Johns river.
" "
Tallahassee, Jan. 29.
Postscript.?Carrying the war into Africa.?
On yesterday about one o'clock in the day
i time, three large wagons, loaded with diy
goods, (lour and salt were waylaid by six Indians,
about 8 miles from this place?taken
about a mile from the road, the mules taken
out, and the contents of the wagons packed
upon them in sacks found in the wagon* aad
with three negroes, the drivers, carried off towards
the peninsula. There were fifteen mules
taken. This information is derived from one
of the negro drivers, who escaped.
Tigertail it is supposed, was at the head of
this partv. Our city is aKve with the call to
arms. The Indians were painted, and bad
several rifles.
Important from Florida.?The steam boat
Charaplain, Oapt. Murray, brings the following
good intelligence, cierivea irom i><u?ciigcio ??
board the eutter Jefferson, at Pensacola, three
days from Tampa Bay. Tho intelligence is
that the celebrated Indian, Jumper, and the
negro Abraham, have been captured; and that
Oseola himself barely made his escape, with
only five followers, in the direction of the south.
General Jessup was making every effort for
the capture of the bold and persevering Chief.
The sloop of war Concord, with Commodore
Dallas on board, was expected at Peneacola in
about a week. The Vandalia had taken the
place of of the Concord at Tampa.
Columbus, Feb. 2.
Indians on the Corcagee?Since our last we
have received intcligence from the Cowagee,
which leaves no room for doubt, that their is
a horde of hostile Indians concealed in the
swamps of that Creek. Whether they are a
band of runaways from Lieutenant Sloan's
camp, or some who had made there escape to
Florida, and have returned since the route of
Oseola by the Tennesseans, we are unable to
say. We arc inclined to believe thev are the
former.
Jacksonville, Jan. 26.
Col. Warren who rotarned last Friday from
Fort Drane, has favored us with the following
information, given him by the Quarter Master
it Fort Drane, and at that time just arrived
[rom the army:
Gen. Jessup was on a trail of Indians leading
10wards the Wacasassa country?and intended
:o pursue, if possible, tbe trail wherever it led,
ill he overtook the Indians.
The Indians arc. it is supposed, scattered iu
imal! parties through the country. j
On tfic 14th first, tbe Alabaroians under
inn. Jrc?'ST) c*t?nr ?n Indianon he wesf
- Wf