The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-11

over the said bridge from that State to Georgia.
This il an evidence that the State ofsouth Carolina
recognises right in said bridge.
The editor ofthe Georgia Jefusonian, at the city
of Griffin, whom shall take leave TO name "the
honest Georgia editor" bears testimony in his
journal of 2lst February, 1850, "that have done
much for Georgia." and says, "Georgians, par
ticuarly those about Augusta, should feel grateful
for my services" He further says "that he has
known me long--an honest and an honorable
mani" expressing his conviction that have been
wronged. but forbears to say by whom. ! am
proud of his good opinion, and assure him that ne
shall have no cause to change that opinion. Gold
to me is trash when principle is in question,
The publication of the decree Of the supreme
court in this case, by A. Porter, president OF the
bank meets my entire appreciation. ! hold that
the public is interested in the standing OF all banks
that issue their notes TO pass as money, and esPe-
cally so when o-thirds Of the capital OF bank ID
involved in lawsuit; the public, like court,
should have all the facts in question fully before IT.
in order that ii may act according to its own IN
terest.
1t is said that my success will break the bank;
is it, them my money that has sustained that bank
for period of thirty years past 1t was also stated
in court that this suit had seriously injured the
bank, and kept down the value OF its stock. Then
what was the reply9 Let the bank do justice,
| and give up what does not belong TO it," and if
giving up what is will break the bank, let it be
broke. feel that man has a right to get his
own be the fate of the bank what it may. In that
event the bank has entailed on itself the ruin 1t 30
cruelty dealt out to the Bridge bank.
My honor, my talents, my pride and my repu-
al Eed with Darty 1
tending for its repossession under the best advice
and will spend the last dollar can raise in the
world, and the last minute of my life, in the
combat and should l not get what esteem as
dear as my life. will sink into my grave honora-
bly, contending for it. TTam not TO enjoy it, 9TH
ers may, of my election, but not the bank.
An abridgement of the case stands thus ! built
the bridge, and got a charter from the States of
South Carolina and Georgia to collect toll John
McKinne became my partner; he mortgaged his
share in this bridge for his private debt to the bank
the bank took that bridge from me by force TO pay
the debts of John McKinne and his partner, James
Lambkin. never owed to that bank one dollar.
The bank got alarmed and sold to Lamar; he got
alarmed and sold to the town council of Augusta.
The bank is bound to me for all the money those
parties received, and she may get it back from
$50 900 per annum my claim on the bank stands
now s l $3.50, 900, which is little more than two
thirds of its capital; and in four years more it will
equal the whole capital of the bank. My object il
to pay up the mortgage with interest, and the
bank to give back my bridge, and to pay up its re-
ceipts with interest.
hope may be excused for having trespassed on
the public with this long and plain statement; If
nothing further, it may serve as information.
shall close with the copy of letter from the Hon.
Daniel Webster, and Judge A. P. Butler, to me, in
regard to new trial in this case, for which new
bill is in progress to be filed.
HENRY sHULTZ.
WAsHINoToN, d. c., April 8, 1850.
WAsHINaToN, March %, 1850.
HENRY SHULTz, esq.
Sin: We have examined the decree Of the Su-
prcme Court of the United States in the case Of
Kennedy and Shultz ps the Bank of Georgia, &c.
The judgment of the Court is founded mainly on
the consent decree rendered by the circuit court,
and on the superstition assumption that the
counsel who assented to that decree represented the
parties upon the record. If this can be shown not
to have been so in point of fact, then the decree
must be regarded void. to all the parties who
were not represented by the counsel who agreed to
the decree. How the fact u.s. have means of
knowing.
If new suit be thought advisable. its direct OBJ
ject should be set aside the consent decree the
ground of want of power to bind you the part of
those whose assent given. In the next place,
you must give the best reason you can for so long
silence, after you knew of the actual existence OF
the consent decree.
If bill should be framed in Georgia, the evidence
taken, and the case brought here shall Of course
be willing to attend TO it if such be your wish.
| hope you will show this TO Judge Butler, and
see whether he concurs, and also to Gen. Thomp-
son. Yours, respectfully,
DAN. WEBSTER.
have read the foregoing letter, and concur in
the views and suggestions of Mr.. Webster. will
venture another suggestion, and that Is, before
any bill is fled copy should be cent to US for re-
vision and suggestion. A. p. BUTLER.
wAsHIsaToN, March Goth, 1850.
April lit