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JIACOK, WKDIVK8DAY, OCT. 17.Whig Candidate for the Legislature:V. M. MURPHEY.Election on 22d and 23d of October'For State Treasurer.GEN. SILAS BROWN.It is usual for Editors of newspapers before an election, to endeavor to rally liieir parites and give an united vote. On the present occasion, we entreat our friends to turnout to a man, and give us a strongvote. __-VOur correspondent “A Noxubee Farmer,” must pardon us for declining to publish his reply to “A South Carolina Nulli-lier, unadulterated with Whigism.” Any acquisition which the “Nullificr” has made to General Giant’s cause, he is welcome to. But as the candidates have, individu-Vicksburo. Sept. 29th, 1838.V. M. Murphey, Esq.My Dear Sir:—On account of ray absence from the State, I have not till this moment, received your esteemed favor of the 30ih July. You enclose mean extract from a paper called the “Free Trader,” misrepresenting and censuring my course upon the pre-emption bill, and request me ! give to explain what it really was. This I will; the do, with plcasusc, at your request; although *idc heretofore I have not thought it necessary exp to notice, in any wise, the various slanders ' that have emanated from the same source.!I mainly sustained the pre-emption bill j in a speech of some length, upon the prin- j PStapas:Mr.estdeptrueIlishtforciple both of its justice and its expediency.After much discussion, just as the bill was about to be put upon its third reading, the (jalj( Committee on Indian Affairs offered an amendment, excluding from its operation the whole Choctaw country, in the State of Mississippi. I aJdressud the House twice in opposition to the amendment, urging upon it the fact, that the Choctaw cession was the only portion of the State, thatally, so far pursued an honorable and fair contest, we cannot connive at the publica- , - •tion of any thing personal, notwithstanding jvvou^ ^e benefiued by the law ; and. that the* room left by the General’s S. Carolina if the amendment carried, the bill would friend. All wo wish is a fair expression of °F little or no service to tho people ofthe will of the people on Monday and Tuesday next.The Union Bank commenced operations on the 27th ult. as was expected. We undeistaod more than Three Hundred TJiousaml Dollars were loaned on that ' ^ ^11 had come out of the CommitteeAness iutei relai__________ _ ^ seenMississippi. Notwithstanding my appo-I **ie' sition, the amendment was adopted. The *on representatives from the other States, favorable to the bill, caring very little for the interest of another State, so long as the amendment did not effect their own. Afterdav.Tho Noxubee Times, of the 13th inst. contains a communication over the sitrna-Bturc of “Common Sense,” calling on the voters of Noxubee to vote for Gen. Grant,with this amendment incorporated therein. I perceived at once that so far as Mississippi was concerned, it was a perfect mock-ery, and determined to make another effort for the protection of the interests of so large and respectable a portion of my constituents; accordiugly, when the billwho is in favor of “reforming our currency, and thinks the Legislature should j w’as I)Ut upon its final passage, I moved to make the batiks resume.” | recommit if, with instructions, to strikeHie writer of this article may have “com-;out the obnoxious provision to which Imen sense” enough, but the General has led him usttay. He is not aware (we suppose,) that the Legislature has not tho power to force a resumption. But we beg [ins “common sense” gentleman to listen me moment to common reasoning, and wehave alluded, and to insert the following in its stead :“That it shall be the duty of the President of the United States, to cause to be reserved from sale or entry under the provisions ef this or any other law of tho U.Link we can convince him that the power States, any tract or tracts of land, reserved to any Choctaw, under the treaty of Dancing Rabbit Creek, of one thousand eight hundred and thirty, and also, to reserve from sale or entry, a sufficient quantity of lands acquired by said treaty, upon which no such settlement or improvement has been made, as would entitle the settler or improver to a right of pre-emption under this act, to satisfy the claims of such Indians as may have been entitled to reservations under the said treaty, and whose lands may have been sold by the United States, on account of any default, neglect,' ot omission of duty, on the part of any officer of the United States; such reservation from sale to continue until the claims of the reservations under said treaty shall be investigated by the board of commissioners appointed for the purpose, and their report finally acted on by Congress.”I thought this clause was just, both as to the settlers and the claimants under the Dancing Rabbit treaty, protecting fully the interests of both.It was this motion to recommit, for which I have been censured. It failed in the House, whereupon I took my amendment immediately to Judge White, of the Senate, who most kindly and cordially cooperated with mein the matter, and made :n Bie Senate, when the bill went back, the same motion which I had first made in the House, viz: to strike out the amendment of the Indian committee, and insertin lieu thereof the one above quoted._the Legislature has not the authority. Judge White was more fortunate than I fese Commissioners were appointed to was, and his motion prevailed, and was af-imine the different banks, report their terwards agreed to by the House. As the addition to the Executive, and if they had bill now stands, the settlers in the Choc-violated their contract, to place it in his taw cession are entitled to the benefit of er to bring the matter before the pro- the law *n all cases, except where there is tribunal for its action. a claim by virtue of an actual Indian relic declaration has been made before s'deuce under the provisions of the treaty, frequently, that Dr. Murphey fe op- (in which case the treaty is the paramount id to die banks resuming. We have *aw») e*actly as in other parts of the Statd. ed them by unnoticed. But lest some ^,e contingent locations of Geo. W. Mar-ons might suppose there was truth in t'n» ant^ others, are without doubt, subject assertion, from our silence, we here 10 Pre“°n,ptinn to the same extent as any id the charge with falsehood. other portions of the country ; and thes for “Common Sense” being asked °Pinion t0 ‘he contrary by the commission-nty per cent discount on Mississippi ers of the General Land Office, is only 'ey, we do not doubt, but cannot ad- anofher evidence of the deplorable ignorance, if not something worse, which has long marked tlie administration of that department of the government, I repeat, for the information of the citizens of your part of the country, that there is no doubt that the settlers upon the lauds contingently located by Gorge W. Martin and others, are entitled to pre-emptions under the presen1 j law, nor can any construction of the department deprive them of their rights.lot-s not rest with the Legislature, but in mother authority.In the first place, then, State Legislates make laws, and the Judiciary of the liflerent .States decide upon them, and the Executive puts them in execution. The legislature of Mississippi of the fust part, |nd the different banks of tho second part, lave made contracts, under which the tanks have gone into operation. Is it now the power of the Legislature to do away lose contracts, without the consent of tho inks \ or in other words, can any one trty to a contract set it aside, without the insent ofthe other ? Wo contend they Minot, and every lawyer will endorse our tinion. We might as well say the Leg-Jaturc has the same authortity to hang a urderer without the beneft of judge oi ry ; tho principle is the same. Our plan(his und we believe it correct. If tlie tks have violated their charters, (of lich there can be no doubt,) it is the dulyI ho Governor, (ia the absence of any cx-ss provision,) to cause the Attornoyferal ofthe State, to bring the matter re the courts, which alone aro the pro-tribunals. If the Legislature hasErlered the different banks, without re-'ing the right of depriving them of their rtersfora violation, the fault restswith If the Legislature has the right to take lav the charters of the banks, for w hat rnose were the Bank Commissioner^ ponted at the last session? The truththou Nullthe r and ; advilt; tlirot It wlt; quesi them own cauv; but v ha ve re fi n t zen. grantlt; colun, the N that h' ubee iof Mein rec dateselectic Congr Grant litical and wi not de Nullifi tale toIfh. and as willing promoright tlt;dictatii deny; liberalthe Gc I sh by say dcclari tereste take tl nothin:IVfor h and \ and cMaM1SJIHI----7 V.UUIIUI MUthat the fault belongs to Dr. Murphey.'ho conflicting statements in relation to :ourse pursued by one of our Repre-Uivei in Congress, Mr. Prentiss, dur-the late session of Congress, upon the imption bill, together with the anxiety my of the Citizens of this county to the real purport of tho law, induced address Mr. P. upon the subject. In •quenco of his absence from Ticks-lie did not reply until a few days ago.diflictetabltand tJustitindueconstLawsc.,of De-of DoTo Justic troqbl the w stand: asrert force iTindecim from i dred contei all it c deliveCaIprepared the amendment which I have• -* euiij * - • | special purpose of securingnvite the attention of all who are in- their rights, and consulted with Judge4 LA £end j instai reguh ateted in the passage of tho bill, to the Mr, Prentiss. They cannot fail fard to him due credit for his activein their behalf. Annexed is aWhite and Jodge Trotter, as toils sufficiency, who both concurred with me. I will I a N further add, that our Senator, Mr. Walker, j 11 fully concurs with me in this con * ‘ ^
Newspaper Details
Macon Intelligencer
Macon, Mississippi, US
Wed, Oct 17, 1838
Page 3
Full Page
Clipped by
Jonathan T.
USA 03 Aug 2022
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