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AKD
Georgia GaitUe,
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JOSEPH vjvleence bevan.
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published evert
Monday £5 Thursday.
*» FIVE POLI.AH9 PER STROM, PATiDLKIN
ADVANCE -COURTHT PAPER, OlfC* A WEEK,
THREE DOLLARS PER ARItCM, PAYABLE
ALSO IT APTARCF.
VnitcA feteta* 1 l*tv>N».
BY JUrmillTY.
[PUBLIC ACT ]
AN ACT RUpplemcntury to the several
acts foradjiistirjf lire claims to land, anil
cmablialting' Land offices, in (he dis
tricl* east *iC the Island of New-Or
lean*.
Be it cnncied by the Senate afld House
of tlcrpresentaiives of the United Slates
of America in C< ogress assembled. That
all the claim* to land said to be derived
from lire Bri'ish or Spanish authorities,
reported to the Commissioner of tire Ge
nera! Land Office hy the registers and re.
C'-1 very of 'he land office* at St. Helena
Court House, and at Jackson Court
House, in the ilis'iicis cart and west of
Pearl mer, appointed under the autho
rity of an act, entitled “ An act for ad.
jußtimr the claims to land, and establish
In . Und office*, in he districts east of
the Is'.md of New-Orlean»,” which are
contained in the several raporta of the
rejyiaii-rs and receivers, and which are, in
tire opinion of the registers and receiv
ers, a slid, agreeably to the laws, usages,
ami customs, oft he said pove nments, be.
and the same are hereby, recognised a*
valid and complete titles, against any
claim on the part of the United States, or
right dewed fiwrh the United Slat s
Sec 2. And he it further enacted, That
til the reported as aforesaid, h contain* d
in the several reports of ihe said registers
and receivers, founded on orders of snr
vev, ncjitnU. s, permission to settle, or
other written evidences of claims derived
from the Spanish authorities, which might,
in the opinion of the registers and re
ceivers, to be confirmed, shall be con
firm d, in the same manner aa if the title
had been completed : Provided, That
tire oo.ifirma ion of all the said claims
{trovidc 1 for by this act, ah dl amount on
y to a relinquishment forever, on the
part of the United States, of any claim
whatever to the tract of .land so-con
firmed or granted.
S, c 3. Aiul be it further enacted, That
every person, or his or her legal repre
(tentative, whose claim is comprised ti
the lis a or registers of claims reported
by the registers and rec. ivers, and tin
persona embraced in the list of actual set
tiers, orllnir legal representatives, not
•having any written evidence of claim re
Ironed as aforesaid, shall, when it appears
iy lire said repor t*, or hr the said lists,
that tire land claimed i.r settled on had
been actually inhabited or cultivated In
■ueb person or persons in whose right h>
claims, on or before the fifteenth day of
April, one thousand eight hundred an I
thirteen, be entitled to a grant for tin
ia..tl so claimed or sell led on as adonatioti;
Provided, That not more than one true
shad be thus granted to any one person,
and the same shall nut contain more than
six hundr. d and forty acres; and that no
lands shall be thus granted which an-
Claimed or recognised bv the preceding
sections of this act, or by virtue of aeon
fi ination under an act entitled 41 An am
for a. Justing the claims to land, a d esta
blishing land offices, in the districts east
of the l-nuiid ■ 1 New. Orleans, ** approved
On the tiiitd day at M ncli, eighteen turn
> tired and nineteen: Anri provided, also,
Thin no claim shall be confirmed where
tin quantity was no; ascertained, and r
p ut made thereon hy the registers, and
receivers, prior to the twenty fifth tl»y
of Jut* one thousand eight hundred an*,
twenty.
Sec. 4 And he it further enacted, That
the registers and receive! s of the public
nrenejs <•! the said respective dis ncta, ex
oepl in relation to perfect titles, and re
cognized in tire fnsv section of this act
and the tv s section of Ihe ait of the thin
day of March, one thousand eight him
dred and nineteen, shall have power to di
red the manner in which all lands claim
cd'in virtue of the preceding section*
shall be (oeatid and surveyed ; and, also,
to direct the location and manner of sur
veying ad the claims to land recognized
t»y the second, third, and fourth sections
of an act, entitled “ An act f»r adjusting
the claims to land, and establishing lane
offices, in the districts cast ot the Island ul
Nea Orleans,” approved on the third da'
of Parch, one thousand eight hundred and
nineteen, having regard t** tire laws, usa
ges, and customs, of (lie Spanish govern
meet on that subject; and having regard,
also, to tit* mode adopted by tire govern
ment of the United States in surveying
tire claims to land confirmed by virtue ot
the second and third sections of an act of
Cimvress, entitled M An ac* regulating
the gr;i >U ot lands, and providing for the
disposal of the lands of the United Slates
South ot lb state of Tennessee,” appiov
edontbe third March, one thousand eight
hundred and three. And that, in re atiun
to ah such chims which may conflict, ot
in any manner interfere, tire said registers
and rece!v«Ji of public moneys of ihe re-
S’hctive dVstnc's shall have povvet to d. -
Arid*; .between the paxnes, and shall, in
lit intec sioh, bt governed by such condi
•tic d l*ne» or biuntlrru* as may have
b- unagreed on b* tween me parties, ether
verhaliv or in writing, at any time prior tc
tl> passage of tins act. But, upon the
decision of those daunt alluded to,.which
n.«v conflict or interfere, and in relation
to which the psrrea interested have agreed
on no conoiuotuil tinea or bouudaries
( as to the manner of locating the tame, Hit
said fcgiaters and receivers of the respec
five districts shall make an equal divisior
of the land claimed, so as to a.low eacl
party his or their improvements : Provid
td, however, That, sliould it be made ap
pear, to the satisfaction rfthe register and
aeceiver of public moneys of the respec
ive districts, in any such case, 'hat the
subsequent settler had obtruded on tht
claim of the former, and had made his es
tnblisment after having been forbid so Ic
do, the said registers and receivers of puh
lie moneys shall have power to decide
between the parties, according to the cir
cnmgtaiices of the case and the principled
of justice.
• Si c. 5. And be it further enacted, Tha l
patents shall be granted for all lands con
firmed by virtue of the previsions of this
act, in the same manner as patents are
granted for lands confirmed under former
acts, to which this is a supplement.
Sec. 6. And be it further enacted, That
to ev-ry person who shall appear to be en
titled to a tract of land, under the second
snd third sections of this act, a certifir.au
shall be granted by the r< g Bier and receiv
e- of the district in which the land lies,
setting forth the nature of the claim, and
the quantity allowed ; for which certificate
the parly in whose favor it issues shall be
paid one dollar, to be divided between
the said receiver and register
Sec. 7. And be lt further enacted, That
the president of the United States be, and
he Is hereby, authorized to renfreve the
land office from St. Helena Court House
to such other place within the said dis
tricts as he may deem suitable and con
venient.
PHILIP P. BAHBOUU-
Speaker of the House of Kepresenlalives
JOHN GAILLAKD,
President of the Senate, pro tempore
Washington, May 8, 1822. -Approved
JAM US MONUOE.
COMMUNICATED.
Tlic Birth-Day or Natal Day of America, is now
current through llte United Slates; it is but fair, that
Ihe author of the ides, or expression, should have cre
dit for It. The two first stain.ns of the following song
was sung with two others, afterwards omitted, nt Uo_
Ininhin, 8. C. on the 4th of .Inly, 1004. In January,
1813, they were printed in the Savannah Aiymblican
with the sequel.
Tunr —The Indian death-song, or Son of Alknomnok
AU hull In tht day of Ca'imhittU birth!
Her fate shall rejoice nil the nations on earth;
For Utterly splendid benms forth from her eye,
And iter ensigns are boldly unfurled to the shy.
No pause knew iter sons from the trumpets first soUnd (
From freedom’s first start and the martial rebound,
TUI a tyrant subdued and n nation released,
Happy, lourelVl and noble, from combat they ccnsccl
Hut now throughout ether, as fur ns each pole,
Tlte thunders contending of war again roll:
Tlte clarion of honor Is heard not in vain,
Through tier mountains and forests and ambient main
Vouth springs to (he onset nod flashes ids sword
Tn tiie beams of his Sim, while Fame gives the worfl;
And Science Impressive with disciplin'd care,
Loads on to its object his furious glare.
Dolce ett ft drenmtu pro palrin morf:
[Sweet nijd noble it is for your country to die,]
For spirits of fire shall mount to the sky;
While their dirges ore sung, mid their fame below flies,
They will hear and will see from their scat in lire skies.
The debt to be paid, willlieliest paid with glory;
Tls well to discount n rich blazon in story;
And he's not a spendthrift whom death gives a claim,
To be yearly remember’d With (ToiMngton’s name.
To the fair and the brave let us give onr toast!
Be the first onr love, the last onr I mast;
For beauty will charm us as long as wc’vc breath,
And glory entrances the hero in death.
Returning from battle triumphant and free,
Columbia Ihe pride of all nature shall lie;
Her eagle shall soar w ith the wings of a dove,
And beauty shall gild the recesses of love.
N. ll.—The above is given from memory, it is he
licvist there may be some omissions, and perhaps an
epithet changed; but there Is no addition.
July 3d, 1023.
W. U.
FOB THE AUGUSTA CHRONICLE-
Mr. £ditor— Should you think the following selec
tion from the Miscellany Poems of John K. M. Chail
ton, worthy a place in your paper, >ou w ill oblige
J Subtcnbtr.
DELTA— A Stag.
Tell me of beauty’s beaming eye,
When meekness glitters in its rays;
For then with fancy's wings 1 fly,
And o’er my Delia’s love to gaits
Tell me of lips that can imply,
Here reigneth truth w Ithoat controul;
For then my Delia's I discry,
Deck’d with the smiles Umt won ray soul.
Tell me of Love's extatic joys,
Its magic influence o’er the brain;
Then Delia all my thought employs,
And I’m entranc’d with bliss again.
And tell me of tiie sinless min^
To mount or to seraph given;
Then Delia I exalt in thine,
The first on earth—tiie blest of Heuv’n !
Final u The Grave.*
A POEM,
By Bnrnanl Barton, the Quaker Pott.
I love to muse when none are nigh,
Where yew-tree branches wave.
Ami hear the winds with softest sigh,
Sweep o’er the grassy grave.
It seems a mournful music, meet!
To soothe a lonely hour;
Fad tho’ it be, it is more sweet
Thau that from Pleasure's bower.
I know not why it should be sad
Or seem a mournful tone,
Unless by man spot be clad
With terror not its owm.
i To nature it seems just ns dear
l As earth’s most cheerful suite:
I Tim dew-drop- glitter there as clear,
l The sun beams shine a* bright
irya fc - ’ v:
e The showers defend as Softly there,
.. As on the lovely flowers;
n Nor does the moon-light seem more (air
h On heairty’s sweetest bowers.
1 >
} “ Ay! but within—within there Sleeps
() One, o’er whose mouldering clay
. The loathsome earthworm wind* and creeps,
' -X
e And wastes that form away.”
t
s And what of that? The-frame that feeds
0 The reptile trilte below,
i- As little of their banquet heeds,
t As of the winds that blow.
AGKICULTUKAL.
1 “ And he gave it for his opinion, that who-
E ever could make two ears of corn or two
e blades if grans, to grow upon o sftot of
ii ground where only one grew before, would
deserve better of mankind, and do more fa
it senlial service to hi" country, than the whole
d race of politicians put together ” —swift
' J From the Village Record.
i-
BLAST ON PEAR TREES.
It lias been generally supposed, that
1 the frequent blasting of the limbs of
Pear Trees, was caused by lighthing, &
though this often happens, yet it is not
the primary case, and should not be at
tributed to it.
The Pear, like many other trees,
sheds its bark, and if in good health, it
falls off in small flakes, but if not in a
healthy state, considerable patches of it
remain and turn black, adhering to
the inner or new bark so closely as to
1 stop the circulation of the sap through
’ that part immediately under it r gjid fre
quently extends entirely round fklimb ;
and by preventing the circulation, Caus
es the death or blasting of all that part
above it, which being accelerated by
lightning, in generally attributed to it as
the cause.
The mode I have adopted to prevent
the; above is simple and easy, if I find
a pear tree that does not shed its bark
freely, I give it a gentle scarifying with
a currycomb, so as to cut through the
dead black bark, which permits the sap
to circulate; or if the disease (If it may
Im* so called) be confined to a few spots,
1 shave off the dead bark with a sharp
knife, taking care not to cut into the in
ner bark, which when relieved, soon
grows ; and I have found by a little at
tention to my trees that they are pre
served in health. A FARMER.
i
1 Guinea Grass,. —We have been fa
vored by captain Jasper Graham, with
a small parcel of the seed of the Guinea
Grass, which has lately been intro
duced into some of the West India
Islands, from the western coast of
’ Africa. This grass is said to be re
’ markable sweet and fine for cattle, and
the yield is prodigiously great.,. It is
supposed that three crops will be pro
, duced in this climate in a season, with
, out cutting (lie grass until it is three or
four foeet high. In Jamaica, out acre
frequently yields twenty tons of hay in
a year. The seed in our possession
willl ho disposed of in small quantities,
to such of our agricultural friends in the
country as may call /or it at this office.
N. Y. Com. Ado.
FOREIGN.
i
FROM THE NEW-YORK AMERICAN.
EUROPEAN NEWS.
Accounts from France in relation to
the affairs of Turkey, Greece and Rus
sia, are of a less pacific character than
those which reach us from England
By the Draper, recently arrived at tills
port from Havre, it appeal's that the
Greeks continue the struggle, and have
wrested Negropont, an important is
land in the Archipelago, from the do
minion of the Turks. Their cause,
at present, is represented to be flou
rishing. The provisional Government
is removed from Amos to Corinth,
from whence it lias issued a declaration
of independence, and the constitution
of Greece. Corinth commands the
two seas which wash it, and by which
it can have very active communications
with the islands and the coasts of the
continent. Intelligence has been re
ceived at Leghorn, that the remnant of
the 1 urkish fleet, alter a chose by the
Greeks, hud taken refuge on the coast
ot Barbary. The Hydriots have seiz
ed tliree English vessels, laden with
ammunition for the Turks, and a large
sum of money, sent by the Porte to
Courschid Pacha, had also been inter
cepted.
1 he Emperor of Russia remained
the imperial head-quarters at Minsk,
and the preparations for war are said to
he progressing. An embargo had been
laid upon all Turkish vessels trading to
the mouth of the Danube : and the
Russian flotilla had ascended from Is
mael to Reinie, at the confluence of the
Friuli and the Danube. The commer
cial ali'.iirs of Russia are not so flourish
ing as the military. Great &mnnerous
failures have taken place at St. Peters
burg, and the rate of interest is 10 per
cent, in the capital.
The Petersburg Gazette announces
that considerable, sums continue to he
sent for the relief of the Greek refu
gees in Russia. In addition to hall a
million of roubles subscribed for the re
lief of his countrymen by Counsellor
Warwati, Prince Galitzin has received
900,000 roubles.
The Journal de Paris gives a letter
from Lemberg tis the Kith ult. which
states that the Russian army have cros
sed the at several points.
France continues to be disturbed in
various part* of the interior, but the
commotions are of a character not
likely to jeopardize the stability of the
government.
At Aulincourt, 3,000 sheaves of
wheat, 100 sheep and 3,500 trusses of
hay were consumed by fire, and threa
tening letters and placards arc distri
buted.
The works to effect a junction Ire
tween the Canal de I’Oureq and the
Seine, are advancing with great activi
ty.
In Spain the Cortes had adopted in
April last, with the exception of a slight
amendment, the proposition of the
committee for inviting the government
to take immediate steps to establish
commercial relations with the American I
colonies, who had obtained their hide- |
pendente.
From Italy it is stated that the
Pope’s health is perfectly restored, and
the Hoi}' Father has resumed his daily
airings.
The Swiss government has received
a note from M. Zea claiming the recog
nition of the independence of Colom
bia, and proposing the establishment
of commercial relations. According
to the usage of the federal constitution,
the communication will he transmitted
to the 22 Cantons.
From the N. V. Daily Advertiser.
LATEST FROM CHILI.
A gentleman who arrived last even
ing in the ship Fame, has politely fur
nished us with advices from Lima, Val
paraiso and Coquimbo, as late as 11th
March.
Gen San Martin has resigned the
Protectorship, but retained his office of
General of the Army.
The Marquis (Irtaglo, of Truxilli, has
been appointed Supreme Director of the
Government of Peru.
r i he Royal Spanish army was still en
camped about forty leagues from the ci
ty of Lima, consisting of about 5000
men.
Gen. San Martin, with about 10,000
regulars and 8000 militia, was still in
possession of Lima. It was reported
that as soon as the rainy season was o
ver, the Royal army would attempt to
capture Lima.
The government of Peru had issued
two hundred thousand dollars of paper
money.
Specie was scarce, and commanded a
premium. Business very drill. The
market was overstocked with English
manufactures, which were selling at a
loss of from 25 \> 30 per cent.
Ihe Expedition consisting of a fleet
and 200 men, undei Admiral Blanco,
which was destined against the Province
ol Ancon, had been ordered back, and
had returned.
Lord Cochrane had sailed, hut it was
not known where he was bound.
The U. S. ship Franklin, Capt. Stu
art, was at Valparaiso—all wfll. The
report of the loss of one of her boats,
with a lieutenant and several men, is
without foundation. The Fame has
brought a large number of letters from
the officers and crew of the F.iankliu, to
their relatives and friends.
Vessels were daily arriving from eve
ry quarter. Produce was low and diffi
cult to dispose of, even at ruinous prices.
Ihe chip Rosalie, Eastman,of Warren,
RI. on a winding voyage had put into
Coquimbo on the 20th of February, her
crew being sick with the scurvy.
•> j .
GEORGIA, To the lion the .Justices
>of the Inferior Court of .
V-lberl County, fsaid County.
T
i HE Petition of John Johnson, hum
bly sheweth that your petitioner is im
prisoned within the prison bounds of the
common Jail of said county, at the in
stance of one W lliam 11. Hardy, and that
aonr pedtioner is unable to dischaige tlx
debt ior which he is so confined o r tr
give bail to answer the same, and your
petitioner further ahoweth unto your hon
ors that he is willing to give up ami deli
ver all estate real or personal! which he
has or is entitled to, for the use of his
creditors. He therefore prays that your
honors will take such order in the premi.
ses as his ease may require.
W. H. Underwood &
D. GK Campbell,
Attonuesfor Petitioner.
At an extra meeting of the Inferior
Court of said county on the 22d of June
1822, Present their Honors Wm. Woods,
Beverly Allen, Henry White and Jeremi
ah TWnton. upon the foregoing petition
of John Johnson, setting forth his con
finementand his willingness to deliver up
his property under the Insolvent Laws of
this state.
Ordered that Saturday the 31st
of August tu xt, be, and the same is here
by appointed and set down as the day
upon which the said petitioner may be
brought forth before the Court under the
Law of this state, regulating the discharge
ot Insolvent debtois, and that proceedings
lake place accordingly’.
1 hereby certify, that the above is a
true Copy from the minutes—June
?2, 1822.
George W. Heard, elk,
Juty 1— law2m
i
*A'I^W.VA.
THURSDAY, JULY 4, 1822.
«OMMX/>'ICATED.
ANNIVERSARY
Os American Independence,
The Committee of Arrangements an
nounce to their fellow-citizens, that an
Oration will be delivered in the Presby
terian Church at f 2 o’clock this day,
by Henry L. Simp, Esq. in commemo
ration |of America! Independence.—
The Declaration of Independence will
be read by John P. King, Esq. A
procession will be formed at 11 o’clock,
A. M. at the Planters’ Hotel, of the Ci
vil Authority and Military,—which the
othcers of the county and citizens are
I respectfully invited to join.
| The Pews on the right and loft of
the middle Aisle are reserved for the
Military,
For the AUGUSTA CHRONICLE.
After the extraordinary publicity
which was given to the affair between
Sir. McDuffie and Col. Gumming, dur
ing its pendency; it was to have been
expected that neither of the parties
would have been so regardless of the
dictates of propriety, or so destitute of a
becoming sense of w hat is due to the
public, as to obtrude into the newspa
pers any statement in relation to it.—
The community, however, as a reward
for having bestowed infinitely more at
tention upon a private controversy thap
it merited, have been kindly favored,
with a bulletin , professing to give an au
thentic account of the battle. The spirit
that could have prompted this publica
tion under any circumstances, must be
low &.contemptible. But the impropriety
of the publication, is rendered peculiarly
striking, when it is considered that, in
the eyes of the community at least, it is
calculated to lead to a recurrence of the
strife which was supposed to be at an
end. If such was really the object; if
the author of that publication (whom no
body can mistake) was desirous of a re
newal of the combat; it would have
been in every respect more credilablc
to himself, to have waited until he re
ceived il authentic” information of Mr.
McDuffie’s recovery, and then commu
nicated his desire privately. In this way,
the forms, at least, of gentlemanly de
portment would have been observed, and
the general reprobation of the commu
nity might have been avoided.
On the statement contained in the
Chronicle of the 20th June, the follow
ing remarks are submitted:—
Mr. McDuffie did assent to a propo
sition made by three gentlemen of high
standing, to have hia differences with
Col. Gumming submitted to a Court of
Honor. This he did, because it was
right that he should do so, and not be
cause he had the most distant expecta
tion, that the proposition would be
adopted. For it was obvious that Col.
Gumming could not accede to it, after
having it pompously announced in a
distant newspaper, that he would not
admit of any such proceeding. Mr.
McDuffie gave his assent, that he might
have it in his power to vindicate him
self from any imputation of blame, in
case the contest should prove fatal to his
antagonist. It was given however, upon
condition thattt should not be communi
cated,to Col. Gumming, until his answer
was received, that it might have no influ
ence upon his determination.
The assertion that Mr. McDuffie’s
dress was calculated “ to repel or divert
a bullet,” is utterly and wantonly no
true. The dress was by design uncom
monly thin. The coat and pantaloons
were of very thin lustring, and instead of
presenting “ folds of thick silk,” were
made in the ordinary way. Mr. McDuf
fie wore no jacket. The insinuation
that Mr. McDuffie was capable of stand
ing a second fire, is as wilfully unfound
ed, as it is infamous and dishonorable.
r ihe wound produced instantaneous
prostration, and when Col. Gumming
demanded the opinion of the
Mr. McDuffie made an effort to raise
himself and found it impossible. It was
the third day before he could he moved
by less than four persons, using the ut
most caution. And yet, Col, Gumming
publicly manifests the most ferocious re
grot, that he was not indulged in a second
tire at a man thus situated. Whether
this indicates the brave man or the
assassin, the public have doubtless de
termined already. The statements of
Mr. McDuffie s second and surgeon are
subjoined.—They confirm most of the
statements contained in this article, and
embrace some other points, upon which
delicacy forbids the writer to say any
thing. He need not say he is a « res
ponsible person;” for every gentleman
is presumed to be so, though not guilt v
of the ridiculous parade of announcing
it. An apology is due to the comma
nity, of whom it is believed that nice
tenths esteem the publication ofthe 20th,
and its author, unworthy of notice.
Capt. Statement.
A duty which arises out of my s’tua
fion, iu relation to one of the gentlemen,
t imposes on me the necessity -v B
before the public, threw-h i ,
prints, the 'following . t: ', '/M Hm <
currences, at a meetj n <r, i„ ! Hi th
honor, between Mr. McL-i,;; ABB lIH
Gumming. gi
The meeting took place at s u lJH lie ;
in the forenoon, on the Bth of
An article had been previously!*;
on, prescribing the form 0 f i
be used by the principals, wiffJW 1 ,
specification of the materials 1
should be made; and with this
restriction only, that it should rW"
calculated to resist die penetrtif 1
ball. Mr. McDuffie,at my in^-^B 11 ','
rather injunction, ordered the
wore on that occasion,
paration, iu the produce of '
pals, an objection was si rt! k
.Cumming's si con !, to Mr.
dross, on tie? ground that.it «
silk rod calculated to re: Ist tln-i-B-k.
tion of a ball, ami divert it ft. \
rcction ; and the question
whether Mr. McDuffie was a
with no other dress ? To
plied that Mr. McDuffie ,
other dross to the ground with hi*||^K su
silk was a common material
on such occasions, particularly ;■
weather, and that every do .k. qflrat j s
ter of what material
was calculated, in some {’egrev. a
the penetration of a ball or dirtsHUmi:
direction, and that the objection (Bftflar
not deprive Mr. McDuffie of tli(jßS t lar
of using a silk dress. The cop.vornShie
continued some time, in which
jection was maintained, until j idß&iin
that it was useless to waste more vc
on the subject; tiiat if Mr. McDßaa n
bad brought another dress with
was willing to change, I should n.{
fer him to do so. The objtViicciß
then withdrawn hy Col. Oinriifßß) n
This material was selected,
belief t!-at patches of it wi re ;. U
puently taken out 'ey a bull p
through it, and carried into s '
than of cotton, linen, or any
mon article; and not fur
cowardly purpose of
McDuffie from the danger of a vvßElal
It would be as unnecessary to pvovßßul.
McDuffie’s right to use a silk
it would be to combat the idea, if \\
an one could be seriously suggutßß
that he was bound by courtesy, mßßsi
other principle, to present to his t.EJfti
onist’s aim, that part of the body v.Majt |
might be best calculated to receive. BB;
morttil effect, the charge of his phtdEßb
His dress was common, his
erect, and violated no rule or ’
standing, express or implied, eitl>Bß :
the ground or off of il; and he veßß]
bountl to be more accommodatingp«
he was either in his dress, his P u s:!ioKe|2
otherwise. The dress was as
its construction, as thin dresses hHB
pattern or fashion usually arc;
assort positively, that it hr d no
fold, lining or other obstructlev.
penetration of a hall. Seme of
was removed before the moetii g,
had there been time after the Sur«B-j
joined us, to have obtained a suililßip 1
linen dress, such an one would iavß s
been used at his suggestion. Bd
In the understanding that tliaprtßh
who fired first, was not to change Vn
position, until his antagonist had ncB e ;
there was nothing to preclude (lie q'B ;
thus circumstanced, from protccti:;: hB,;
body by bringing his arm down to bßff
side, or so far moving his body, as B
bring it fromtlie constrained posiircißld
ed in firing, to one which was ncwßr
and easy provided it was erect. MBft
M‘Duffie’sposition was such, tint
ing his pistol he presented bis sidc;buß (
in adjusting himself to a natural anfl
easy one, (his body conforming
the position of his feet,) he par'.lJfHr
and obliquely presented his back,
accounts for the manner in wfcii h
received Col. Cumming’s ball. Inaß
dlately on receiving the wound, he ! ■
raised himself on his right elbow, B
liberately laid his pistol by his side,
then felt his thigh, in which he said
had experienced (lie first sensation,
dicafing. the seat of the wound, and BB
terwards fell his side ; nor did he ff|B
the wound until it was uncovered. AIB
exclamation imputed to him by utisMbjß
if it be worth a remark, in any
was not made by him but by his
geon and myself. H
Upon looking at the wow; i, I
posed it mortal, and observed to C<rß
Cuimping who had advanced an;! \v"Bi
present,- that Mr. M { Duffio stool »B
need of tire assistance of his
and that I was about to call them. I h' s ß
observation was made to him, in order
that he might retire, should he wish net B
to he seen by them. He replied h> at ß
it must be first ascertained that the ( ,m ‘ B 1
bat was over, that he did not wish to™
make the affair unnecessarily sar^ 1 - 113 * B)
ry, but that the article regular 1 ? * Btl
must be complied with ; alluding to t - B
one which required th<L CP ntrst |f) , c ,f B
tfnue until one of the parties sbum-it B*
disabled ; whiph disability should be^'B 1
certained by the report of the Sirs'e' ;• 811B 11
I instantly called on Col. Cun m •■- s
Surgeon, who at that moment w 's
ing from an examination of tin ; ’■> B
and he as promptly reported 'kq ’ B
had no hesitation in saying d) d ■
M'Duffie was unable to stand* . ',k'B
Gumming replied that he was sati-’ii ■
I then called Mr. M‘Duflie’s irier.u*
on mv return fotu:d Col. Ciumniy.- ' |B
in the act xf departing. But l,l B
started, fie addressed Mb. M'l 'A ■*< JB
this effect; our dffficullf ; is-uea at 4
r '"l