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TU E CONSTITUTIONALIST..
JAMES GARDNER, JR.
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[ From the N. Y. Commercial Advertiser, VJth ins/.]
POSTSCRIPT.
B Y T E L E O K A P It.
ARRIVAL OF THE CAMBRIA.
VERY LATE FROM ENGLAND.
The steam ship Cambria, Capt. Judkins, ar
rived this morning at Boston. The Cambria
did not leave .Liverpool until the sth inst., con
sequently she made the passage in less than
fourteen days.
The following despatch, (No. 1,) was re
ceived by us at half past 10 o’clock.
(Correspondence of the N. Y.Commercial Advertiser.)
Liverpool, Oct, sth, 1817— 12 o’clock.
Corn, ice.—Lest Western canal Hour 20s a
2Gs Gd per barrel; Richmond and Alexandria
25s to 25s Gd; Philadelphia and Baltimore 25s
to 25s Gd; New Orleans and Ohio 22s to 245; ■
Canadian 25s to 265; sour 19s to 21s; white I
and mixed wheat 7s to 8s per 70 lbs; red Cs 3d 1
to7sGd. Oats, per 15 lbs., 2s Gd to 2s 8d; oat- i
meal, per 240 lbs., 2is to 265; Indian corn, per 1
quarter, 30s to 355; Indian meal lls to 15s
per barrel; barley, per GO lbs., 3s a -Is. Rye
not quoted.
The belief entertained at the departure of
the last steamer, that the upward tendency
then indicated in the market would be main
tained, has by the territic occurrences of the
last fortnight been wholly dispelled.
From a number of causes, the most startling I
of which is the unparalleled of j
the money market, the price of brqudstuffs I
has gradually but steadily retrograded; the
only article which has preserved its firmness
being Indian corn. A slackened demand has
of course materially contributed to this result,
but this cause must be regarded as merely
temporary.
At the London Corn Exchange, yesterday,
the arrivals of English grain were small, owing,
to which and the unusually large attendance
of purchasers, the demand was somewhat ac
tive at an advance of from one to two shillings
per quarter upon the previous Monday’s quo
tations. Notwithstanding the large supplies
again brought forward, an average amount of
business was done and the market closed firm
ly.
Cotton. —New-Orleans ordinary to middling
5d a 5:1 d; fair to good fair Ggd a 6*{d; good to
fine 7 Mobile ordinary to middling
5d a5 pi; fair to good fair G£ a G.{d; good to
fair 6]d. Alabama and Tennessee ordinary to
middling 5 a s£d; fair to good fair s£. Bow
ed Georgia, ordinary to middling 5d a s:]d;
fair to good fair Gjf a 6 good to line Gg a 6 : |.
Sea Island ordinary to middling 5d a 10Ad;
fair to good fair a 14d; good to fine 15d
a ISd. Stained ranges from 5 a Bfd.
The prices of cotton since our last advices
have, it will be observed, seriously receded. —
A circumstance indisputably resulting from
the aggravated condition of the money mar
ket and the consequent impossibility, save in
the rarest instances, of obtaining accommoda
tion, the universal panic which has seized
upon manufacturers and the total extinction
of any tiling like speculative effort. In the
lower quality particularly the decline is more
felt, and the operations since the arrival of
the Caledonia have been of the most limited
character.
The sales for the week ending the first, were
about 21,000 bale-, of which 800 only were on
speculation and 200 for export. On Saturday
the 2d, the sales were about 3000 and v ester
-4000 were disposed of, all to consumers, spec
ulation being entirely suspended and the de
mand being disprportioned to the supply.
SECOND DESPATCH.
Commercial and Financial.—The fearful
condition of mercantile and monetary affairs
recorded in our last summary, and then rapid
ly culminating to a point of distress and de
rangement rarely reached by the organs of
commercial vision, has within the last fort
night become vividly developed by all its disas
trous reality. One after another has failure
followed upon failure, each one vibrating
throughout every avenue of trade and involv
ing in its gloomy consequences those, who but
for their unfortunate connexion with the de
faulter, could have withstood the shock of the
commercial storm.
Os the numerous causes to which this drea
ry state of things is assignable, the most palpa
ble appears to be the misrcgulation of the mo
ney power—a system originating with the
Bank of England, and eagerly imitated by all
money lenders, whereby gold has become too
dear to buy, and accommodation a phantom.
The reflex of a system so fatal to the pros
perity of trade has been deeply felt alike by
the merchant and the manufacturer, and the
attestations of its consequences can be found
in harrowing abundance in the crippled count
ing house and the deserted factory.
The failures during the past fortnight have
been enumerated as follows : Cockrell & Co.,
Loudon, £OOO,OOO. Perkins, Scklusser & Mul
lins, £250,000; Fry, Griffiths & Co., amount
of liabilities not ascertained; Lyall, Brothers
St Co., £100,000; Samuel Philips & Co., £150,-
000; Cockburn & Co., M. L. Bensusan Sc Co.,
Alex. McDonald & Co., and John Shewall &
Co., all of London, whose liabilities also have
not been ascertained accurately. In Manches
ter the failures and stoppages are Burt, Wa
l>in & Co., Alfred Armstrong, James Guest &
Co., Stocks & Tart, Edward Porter & Co.,
ilondar & Milner, and E. M. Broadhurst,
At Liverpool, we have to notice the suspen
sion of A. Steel & Co., Lake, Calrow & Co., J.
St M. Murray, William Atherton, Watson,
Brothers & Co., W. & J. Tomlinson, and E. &
P. Parry, whose liabilities are estimated at
upwards of a million sterling—six or seven
houses in Glasgow, including the firm of Reid,
Robertson & Co., have yielded to the pressure,
the last named of which chiefly falls upon
Manchester. An earlier failure, omitted to be
noted, is that of Alison, Cumberlege & Co.,
whose liabilities reach £600,000, and we have
also to add the suspension of E. M. Cooper &
r Co, and F. H. Glover.
During the whole of the past week the
English funds underwent a remarkable fluc
tuation, Thursday was one of the heaviest
daysWiat have been experienced. On Friday
it was announced that the Bank of England
wpuld for the present discontinue altogether
its advances on stock and Exchequer bills, the
rate of which had the day before been raised
from 5 to 54 per cent.; an intimation was also
given that the rate of discount for first class
paper would henceforth be 54 per cent, for
bills not havipg more than 15 days to run, 6
per cent, for bills of not more than two months,
and G 4 for all beyond that period. A decline I
was the immediate consequence and the mar- ;
ket do ;cd heavily. <)n Saturday considerable |
anxiety was manifested which gradually wore i
away toward the close, no failure of any im
portance being announced. Up to two o’clock
yesterday, matters had been in a very uneasy
state.
For money, Consols commenced at 847, after
which sales were effected at 83|; for account 1
the highest price after opening was 85J, and ,
subsequently 85§. Foreign securities had dim- I
inished in value and a very small amount of
business had been transacted.
General Intelligence.—Parliament will
be convened on the 11th inst., but not for the I
j despatch of business.
The Macedonion frigate, Com. DeKay, was j
very near being lost oft the coast of Scotland
on the 14th of Sept. tShe escaped with loss cf j
jib, fore-topmast stay sail, foretop-sail and \
other sails, and with great difficulty reached an |
anchorage off Arran Island. Subsequent ac
counts announced her perfect safety.
Italy. —Dr. Wiseman has arrived from Rome,
charged with private despatches for Lord John j
Russell. The Dr. has been permitted to as- |
sume the title of Archbishop of IN estminstcr, ;
which is regarded as the prelude to the estab- !
lishment of a Roman Catholic hierarchy in j
England.
The Astatic Cholera is making fearful ra
vages in Russia, and in consequence of its ap
pearance in Warsaw, the Emperor has deferred
his visit to Poland, a circumstance not re
gretted by the people of that country.
Switzerland. —Active preparations arc mak
ing in Switzerland for suppressing the Son
derbund by force of arms; a sanguinary civil
war is apprehended from the resolution of the 1
latter to resist the Diet. Two cantons alone I
are prepared with 40 000 men to take the field.
The news from Italy presents no new fea
ture, the Pope is firm and the Austrians do:
not seem inclined to provoke hostilities. The
j affairs of Spain arc still very unsettled. Cata- |
1 lonia continues to be disturbed by Carlist
| bauds and the entire line of the Pyrenees is in
■ a state of blockade.
i The abstract of a commercial treaty between
Spain and England has been published, but
the terms are rejected by the British Govern
ment.
France is not yet tranquil; considerable cla
mor has been raised by the appointment of the
Due d’Aumalo to the Governor-Generalship
! of Algeria.
j In Ireland a strong opposition is made to I
| the payment of rent.
It is announced by the Belfast Northern [
| Whig that the Baracol, Capt. Owen, has arriv
ed there, laden with two thousand five hun
dred barrels of flour, shipped by the Society ;
of Friends at Philadelphia for the use of the I
destitute Irish.
The reported marriage of the Duke of Wel
lington and Miss Contis, is contradicted. Miss
Coutts, it is said, among her other acts of mu
nificent and somewhat eccentric benevolence,
is founding an assylum for convicted and pun
ished felons who have been thrown upon the
world.
The mail steamer Caledonia arrived at Liv- j
erpool on the 20th September. The packet
ships Siddons on the 23d, Liverpool 24th. The
| Roscius sailed 19th, Ashburton 24th, and the
York town Oct. 1.
Postscript—2 o’cock. —This day’s corn mar
ket displays considerable though unlocked for
activity, and prices up to this moment show a
decided tendency to ascend. Some purchases
of Western Canal flour have already been
made at 28s per bbl. Wheat is also firm, and
Indian corn is in demand at an advance.
The Cotton transactions of this morning are
of the most languid character, in short, with
out the slightest disposition to a reaction. The
respectable house of W. Maury, which is an
nounced in the Times to have suspended pay
ment, did not come to a stand still; there was
was merely a suspension for some hours, which
has ceased, Mr. Maury being now actively en
gaged in ordinary operations.
lion. Alex. 11. Everett, American Minister,
died at Canton on the 2yth of June.
[ From the Loudon Morning Coronicle, Sept. 27.]
Commercial affairs during the last week
show more case and tranquillity than might
under the circumstances have been expected.
; If the trade to the country is cramped, and i
i the means of its prosecution more than usual
lv difficult to obtain, there has been an under j
current of liquidation at work throughout the
kingdom, by which the transactions of bu
siness have beeli balanced, and which by the
very necessity of the case will tend to produce
a more sound and wholesome condition in
every department of trade.
From our Correspondent.
Havre IVlarket-
HAVRE. (Thursday,) JSEPT. 23.—Cotton.—
Since the date of onr preceding circular, the aspect
of things has become much more alarming than
could have been anticipated, the daily accounts of
the calamitous failures which have occurred in
London, and which must inevitably lead to still
farther derangements, exercise a very baneful in
fluence on credit, and casts a gloom over the mer
cantile and financial community in general. The j
j great depression in business uad depreciation in
; prices of cotton in Liverpool, in consequence of
| this alarming situation of affairs, has been produc
tive of considerable liatuess in our market, which
has throughout the u hole of the week been in al
most a complete state of stagnation.
The transactions have therefore again been on
an exceedingly limited scale, buyers still operating
with the greatest caution, and the decline in Ame
rican descriptions may be written at fully f. 6 a7,
'■ notwithstanding which sales cannot be effected
without much difficulty, and our quotations are now
becoming quite irregular. Whatever might have
been the expectations entertained of amendment
which seems warranted by the great fall in every
article of food, they are for the present far from
l encouraging, and until the panic created by the
I existing crisis has become less intense, it is to be
i apprehended that confidence will rather decrease
| than otherwise.
The sales this week amounted to 1 1,000 bags,
including 120 American on speculation, and 3000
American and 50 Surat for export. The import
was 10,703 bales, exclusive of four vessels arrived
but not reported. The American short staple were
quoted, viz : ordinary 6 aG.j; mid. fair GA a 6.R fair
lj-1 good l air ?4 a ?:J; good to tine 7* aß4d.
Sales from 15th to 23d Se Pt .—SBG bales New
Orleans, duty paid, f. 95 a 1 15; 521 do. Mobile do.
91 a 101;1C7 do. Upland do. 93 a 103 50; 120 do. St.
Domingo do. 95; 10 do. Last India do. 90; 152 do.
Paytado. 10!.
HAVRE, Sept.29.— Cotlon.-~' There has been a
gain a considerable degree of flatness in the as
pect of business, during the past se’nnigbt, the ac
counts from all parts having been, generally speak
ing, of an unsatisfactory tenor. Those from Eng
land, however, arc of a rather less gloomy char
acter, within the last three or four days; and it is
now hoped that the crisis has reached its highest
point; our market is beginning to wear a less un
wholesome appearance, and prices have become
more settled than previously. 'Phe transactions
nevertheless continue M' a very limited description,
and the buying is merely from hand to mouth-—but
several sales have been made in Cotton to arrive,
Avhich were before impracticable, and some pur
chases of New Orleans, deliverable at the fall of
the year, were effected on the basis of 95f. for or
dinaire, and 9Gf. for delivery in the course of next
month.
Imports from New Orleans lISG bales; N. York
4300 do,; other ports 905. Total G 371.
Sales from 2od to 29th September—l42l bales
: New Orleans to arrive, 100 Upland to arrive. To
-1 tal 2853.
[Correspondence of the N. Y. Com. Advertiser. J
j HAVRE, Sept. 30.—Morning.—Our Cotton mar
ket closed exceedingly dull yesterday evening;
the sales were only 250 bales, "at a decline of fully
f.l on our quotations, the intelligence received
from England being aguii of a gloomy, character
and that from the interior bearing no prospects of
a|better trade.
The} general aspect of the market is that of
<rrcat dullness and want of confidence. Wo have
nil 11 iii'iwii uwim iiiiii ifw ■ wiTn~Mi—iiTrawiTrnrwTTr
also to notice a decline in prices of Wheat, the |
crop being satisfactory.
The weather which was very cold last week,
has become line, and there will be u good harvest
in our wine countries.
Punishment of the Deserters-
I We have not room for the orders in full
j in which the trial and sentences of the differ
ent deserters are given, but give the sub
stance.
i By a general order, dated the Cth Sept.it
I appears that a court martial, of which Col.
: Riley, of the 2d Infantry, was President, tried
j twenty-nine men for desertion to the enemy.
1 Their fate may be read in the following sen
tences of Gen. Scott.
Sentences.
The court found the above named prisoners,
[the names are given again below) severally
i guilty as charged, and sentence each (two
i thirds of the members of the court in every
I case concurring in the sentence) “to be hanged
j by the neck until he is dead.”
2. The General-in-Chief approves the fore-
Iti nr mi/1 ennfonnoa tll#> tol-
going proceeding ana sentences, witn me uu- ,
lowing exceptions: the cases of Thos. Riley,
company I, 3d Infantry; James Mills, company
11. same regiment, and John lleilley, company
K, sth Infantry.
These three prisoners severally committed
the crime of desertion as charged, in the early j
part of April, 184 G. At that date the 1 nited
States were at peace with Mexico and all the i
world: for the present war did not break out,
in fact, till a later date, and was not recognis
ed to exist, by the Congress of the United S.
till the 13th of the following month.
No higher punishment can, therefore bo 1
legally indicted upon those atrocious offenders, I
T. Riley, J. Mills and J. lleilly, than that pre
scribed for as state of peace, viz: fifty lashes
with a rawhide whip, well laid on the bare
back of each,and their punishment is commuted |
accordingly —with the addition, that each he 1
branded on a cheek with the letter if, kept a
close prisoner as long as this army remains in
Mexico, and then be drummed out of the |
service. 1
So much of the punishment, in the case of
| Henry Newer, company D. Ith Artillery, as
relates to hanging, is, on the recommendation
of many members of the court, remitted; and a
like remission is made in the case of Edward j
M’Hcrron, company Cl, same regiment, out of
consideration for a son, a private in the same
company, who has remained faithful to his
colors.
There being some slight circumstances of
1 mitigation in the several cases of Hazekiah
Aides, John Bartley, Alex. M’Kee, and John
Bowers, all of company 11, 3d Artillery, their
sentences arc commuted as in the cases of T.
Killey, J. Mills and J. lleilly above.
The remainder of the prisoners tried by the
! same court, and for the same crime, viz; Henry,
I Venator, company 1,2 d Dragoons; E. Ilhode j
i company I, 2d Dragoons; AV. A. Wallace, com
pany C, 3d Infantry; Lawrcn .c Mucky, com- j
puny K, 3d Infantry; Patrick Dalton, company
B, 2d Infantry; John Sheehan, company G,
Oth Infantry; John A. Myers, company G. sth
Infantry; Henry AVhislcr, company E. 4th
' Artillery; Elizicr S. Lusk, company V, 3d In
fantry; James Spears, company D, 7th Infan
try; Dennis Conahan, company I, 7th Infantry;
Janies M’Dowcll, company I), 7th Infantry.
Martin Lydon, company D, 7th Infantry; AN m,
11. Kecck, company F. 4th Artillery; AN illiam
Outhouse, company I, 2d lafantry; Henry
| Octker, company D, 4th Artillery; William
I O’Conner, company K, Ist Artillery; Andrew
i Nolan, company G, Ith Artillery; Herman
| Schmidth, company I), 3d In'antry; B. AN . j
I Qarrctson, company M, 3d Artillery; will be
hung according to their several sentences, be
tween the hours of 0 and 11 o’clock in the
forenoon, next after the receipt ol this order, J
as may be arranged by the commander of the j
post or camp where the said prisoners may
respectively be found. [ The above named men,
excepting 11. T enator, V. Rhode, J. A. Myers and
J. Sheehan, were executed at San Angel, Spt. 10,
1817.]
By command of Ala]. Gen. Scott.
H. L. scour. A. A. A. G. j
Two days subsequently, we have further or
ders from which wo learn that the lour men ;
j named above were not hung on the 10th as
' they were passing at the time from Tacubaya
Ito Mixcoac. They were ordered to be hung
i on the 11th September, and the sentence was j
executed at Mcxcoac.
Thirty six other prisoners wore tried by a
court martial over which Col. Garland presi
ded. Their fate may be read in the following
sentences dated the 10th September, after their
conviction for desertion:
And the court accordingly sentenced the
several prisoners (two thirds of the members
j in every case concurring in the sentence) each
to be hung by the neck till he be dead. [Their
names are given below.]
Before the same court, Martin Miles, of com
pany A, Bth Infantry, and Abrahan Fitzpatrick,
of the same company and regiment, were duly
tried and convicated upon the charge of deser
tion, and the court, two-thirds of the mem
bers concurring, accordingly sentenced each to
be shot.
Before the same court were duly tried and
convicted upon the charge of desertion, the
following named prisoners: James Kelly, com
pany C, 3d Infantry; John Murphy, company
C. Bth Infantry; John Little v company C, 2d
Dragoons. And the court accordingly senten
ced each “to receive fifty lashes well laid on
with a raw hide on his bare back; to forleit all
pay and allowances that arc or may become
duo them; to be indelibly marked on the right
hip with the letter 1), two inches in length; to
wear an iron yoke, weighing eight pounds, j
with three prongs, cadi one foot in length, j
around his neck, to be confined at hard labor, I
in charge of the guard, during the time the
army remains in Mexico, and then to have his
head shaved and to be drummed out of the
service.
Before the same court was tried, upon the
charge of desertion, Lewis Prcifcr, of company
C, 4th Infantry, whom the court found to be
not guilty of desertion, but guilty of absence
without leave, and accordingly sentence him
“to forfeit all pay and allowances that are, or j
may become due him, and be discharged the
service.”
2. The general in-chief approves the pro- |
ceediugs,findings and sentences in the foregoing
cases.
The remainder of the prisoners sentenced
to death by the court: Frederick Fogal, com
pany E, 2d Dragoons, Henry Klager, same
company and regiment; Henry Longenham
mer, company F, same regiment; Francis O’-
Conner, 2d Infantry; John Appleby, company
D, 2d Artillery, M T Frantius, company K, 3d
Infantry, Peter Neill, company 8., Cth Infan
try; George AV. Jackson, company II; Ist Ar
tillery: Kerr Delany, company D, 4th Infantry;
John Price, company F, 2d Infantry; John
Cuttle, company 13, 2d Infantry; Richard Par
ker, company F, 6th Infantry; Parian Fritz,
company F, 6th Infantry; John Benedick,
company F, Cth Infantry} Augusta Morstadt,
company I, 7th Infantry; John Rose, company
F, 6th Infantry; Lachlen McLachlen, company
F, 6th Infantry; John Cavanaugh, company
E, Bth Infantry; Richard llanly, company A,
2d Artillery; Gibson McDowell, company A,
Bth Infantry; Lemuel A. AVheaton, company
A, Gth Infantry; Patrick Casey, company F,
6th Infantry; Patrick Antison, company E,
4th Infantry; Harrison Kenney, company E,
4th Infantry; Robert Hogan, company I, 4th
Infantry; George Dalwig, company K, 2d Ar
tillery; Barney Hart, company K, 2d Artillery;
Hugh McClelland, company A, Bth Infantry;
! Thomas Millett. company I), 3d Artillery; and
| John McDowell, company A, Bth Infantry,
; will be hung by the neck until dead, between
| the hours of 6 and 11 iu the forenoon next
I after the receipt of this order, under the direc
* tion of the commanding officer of the post at
which they may respectively be found. [Exe
cuted September 13, 1847, at Mexico.]
()n the recommendation of the members of
the court,the sentences of AbrahamFitspatrick,
company A, Bth Infantry; John Brooke, com
pany F, Gth Infantry; and David McElroy,
company E, Gth Infantry, are remitted.
On account of mitigating circumstances in
the cases of Rogers Duhan, company F, Gth
Infantry; Samuel H. Thomas, company C. Sth
Infantry; John Daly, Rifles Regiment; Thomas
Cassady, company A, Sth Infantry, thesen
j tence of death is commuted to the following:
“To receive fifty lashes, well laid on with a
rawhide whip, to be branded on the cheek
: with the letter D, to be kept in confinement
\ while the army remains iu Mexico, and then
| to be drummed out of service.”
AVe conclude this miserable record of retd-
\ > L l/DJItDIUt IlUo lilloUJL clUlVx If tUIU UL ILtii" 1
butivo justice meted out to these scoundrels, i
token in. arms, against their oicn companions, with ! ■
the following from the American Star:
Execution of Deserters. — On the morn
ing of the 9thi was hung at San Angel, sixteen 1
deserters from the American army, who bad ; 1
taken up arms against their Government. Ini- 1
mediately after, some tenor twelve were whip
ped and branded on the cheek with the letter
D. Riley, the chief of the Sun Patrico crowd,
came in for a share of the whipping and brand
ing, and right well was the former laid on by
a Mexican muleteer, Gen. Twiggs deeming it
too much honor to the major to be flogged by
an American soldier. He did not stand the
operation with that stoicism we expected.
The next morning four others of the same
company were executed at Mixcoac, on the
loth thirty more were hung upon one gwllows
at the same place. The thirty were brought i
out tor execution about the same time that ,
Chapultepec was being stormed, and Col.
j Harney, pointing to that place, told them that
they should live long enough to see the Ameri
can flag hoisted upon the battlements of that
fortress and no longer. In a few moments
our colors were raised, and after it was shown
to them they were launched into eternity.
The clergy at iSan Angel pleaded hard to
; save the lives of these men, but it was in vain.
Gen. Twiggs told them that to Ampudia, Ar
ista and Santa Anna did these men owe their
deaths, for they stooped to the low business
of soliciting desertion from our ranks, and had
succeeded in seducing from duty and allegi
ance the poor wretches who had to pay so
dearly for their crimes.
According to our military laws, Riley could
not be hung,he having deserted from the army
before the commencement of hostilities, but all
that could be awarded him was well admiuis
| tered.
Augusta, 0 1 org i a .
SATURDAY MORNING, OCT. 23.
t' AVe are indebted to our attentive cor
respondents the editors of the Charleston Eve
ning News, Courier and Mercury for slips con
taining the news brought by the StcamerCain
bria, per telegraph. It will be found iu lull in
our columns this morning.
AVe would call attention to the cargo
sale of AViues, at Charleston on Tuesday next,
2Gth iust., by A. Tobias, Auctioneer.
£:£'• The Mayor of Charleston has issued his
proclamation setting apart Thursday, 4th No
j vember next, as a day of ’Thanksgiving and
Prayer.
IAVe some days since noticed that Rich
ard Griffin was supposed to be the name of the
gentleman killed by the accidental discharge
iof a pistol at Social Circle. AVe have since
! learned it was his father, Air. Jeremiah Grif
fin, of Mississippi, formerly of Columbia Co.
Mr. Griffin, is well known as the worker of a
profitable Gold Aline in Columbia county,
which lie disposed of about a year ago. AVhile
he resided in that county, he was considered
one of its most respected citizens; and his
tragical fate will be felt by many relatives and
friends.
New Hooks.
Received from the publishers, through Air-
Thos. Richards, the following now and inter
esting books.
Christianity; and its relations to Poetry and
Philosophy—a neat volume of about 150 pages.
Parts Ist and 2nd of The life of Henry The
Fourth, King of France and Navrrae, to be
compledte in four parts, by G. P. K. James.
The AVaysidc Cross; a tale of the Carlist
AVar, by Capt. Milman, of the 33rd Regiment.
Southern Quarterly Review
AVe have received the October number of
this valuable work.
Among the Contents are the following in
teresting articles.
Natural Influence of National Literature.
Mexico —Her People and Revolutions.
Lives of the Lord Chancellors and Keepers
: of the Great Seal of England.
| The Territorial Government of the United
i States,
Dr. Chalmers.
Liebers Political Ethics.
Critical Notices, &c.
The True Boundary. Is it the Nuccps or
the Rio Grande ?
Until recently, no party in this country |
stood forth as the advocates of the Mexican !
j claim of the Nucccs as the boundary between |
i Texas and Alcxico. Now r , however, the j
| AVhigs, by their journals, arc show ing a dispo- I
I sition to take sides openly with the enemy on j
this mooted question. AVhile it was a matter
open for discussion and there w T as ground for |
hope that the dispute could be settled w ithout !
a resort to arms, it did not seem so outrageous- !
ly factious and unpatriotic for American citi
zens to argue and contend in favor of the pre
tensions of Alexico. But when Mexico per
emptorily and arrogantly refused to negotiate
the question, rejected our Ambassador and
chose the stern arbitrament of arms, it be
came no longer a question of international
law r , of polemics or of geography, but of force.
The law of the sword —the law that might
makes right, became sole arbiter of the con
flicting claims. Mexico having chosen this
mode of settling the dispute, and commenced
the game of war to win a more perfect title,
it is a waste of time for her Statesmen and
Diplomats to ransack her archives or rummage
among treaties for terms prescribing bounda
ries, or old maps and surveys defining limits
of her several departments. It is equally
useless for her friends and advocates in this
country to spend ink and breath in vindica
ting her pretensions. may now be rank
ed as practically upon a par with the title pre
posterously set up, until the last century, by ■
the Kings of England, to dominion over
France. For centuries they were on paper,
“by the grace of God,” Kings of England,
Wales, Ireland and Fk\xcm. The title of
Mexico to the territory between the Kio
Grande and the Nueces, must hereafter be
ranked in the same category of absurdities.
But we insert for the information of the :
curious a summary by the Washington Union
, of an able argument put forth on this subject
by that paper on the 7tb inst.
The Nucccs-
We submitted to our readers, in our last
evening’s paper, the best authorities, and the
detailed argument which we have collected
lon the boundary of Texas. AV now lay bc-
I fore them a condensed summary of these points,
| under another aspect. It has been often
shown by extracts from letters and speeches of
Thomas ’ Jcffcrsons, James Madison, James
Monroe, John Qaincy Adams, and Henry
Clay, that they repeatedly declared the Kio
Grande to be the true boundary of Texas, and
our title up to that river to be clear as to New
Orleans itself. Mr. Clay not only ailinucd
this in 1820, but reaffirmed it in Iris letter of
April, 1844. We say further, in the contro
llers 7 between Mr. Adams and Don Onis in
1818, the former insisted that Texas, to the
Kio Grande, was ours as a part of Louisiana —
it was so delivered to us by the French com
missioners in 1804, and so received by us. —
Mr. Onis, the Spanish minister,claimed it as a
part of Spain; but whether Texas was French i
or Spanish, it was admitted on both sides that
the Kio Grande was the boundary of Texas, so
tar as to embrace the whole region between
the Kio Grande and Nueces. In 1836, Texas,
when she declared her independence, and in
her tivst as well as her last constitution, set
forth the Rio Grande to be her boundary.—
Santa Anna and all his generals so formally
acknowledged it by solemn treaty in 1836,
Texas has had organized counties and sur
veyed lauds there; she exercised her mili
tary powert here; but what is stronger,
through the courts and judges at San Antonio,
she repeatedly exercised jurisdiction by ser
vice of process’ there in civil and criminal cases,
and executed there decrees of courts. Great
Britain, so far as regards the country west of
the Nueces, lias long since formally acknowl
edged the Kio Grande as the boundary of Tex
as, by calling upon Texas when a republic, to
confirm grants of lauds as titles to individuals
for a part of this country; thereby admitting
the sovereignty of Texas over the territory, and
directly repudiating that of Mexico. Such
was the state of the case when wo finally an
nexe d Texas in December, 1845; and in that
same month, and long before wo gave orders
to advance to the Rio Grande, Congress, by a
unanimious vote, (the bill being reported by
John Davis, the whig senator from Massachu
setts,) passed a law exercising jurisdiction
over this very country, established a custom
house west of the Nueces, and a custom-house
district embracing this very territory between
the Nueces and the Kio Grande. To sum up
the cases, France, under whom we claimed,
always acknowledged the Kio Grande as the
boundary of Texas. Spain, under whom alone
Mexico claimed, always acknowledged the
lower Kio Grande as the boundary of Texas.
Jefferson, Madision, Monroe, Adams, and Clay,
always affirmed the Kio Grande to be most
clearly the boundary of Texas. Texas so
claimed always, and exercised military power,
granted and surveyed lands, organized coun
ties there, served process, received votes, and
exeio'sed civil and criminal jurisdiction there
Great Britain formally acknowledged the Kio
Grande in 1841 as the boundary of Texas.—
Our Congress, by a unanimous vote, also re
cognized it in December, 184-5, and carried
our laws and sent our custom-house officers
there; and yet the Mexican whigs would have
us now give tip to Santa Anna all the country
west of the Nueces. Wo to the stateraan
who suggests the disgraceful surrender! Bet
ter let him abandon the dag of his country,
and rally with some new’ legion of traitors and
deserters to give our gallant soldiers in Mexico,
in the language of Mr. Corwin, “hospitable
graves.”
The limits of our article will not permit a
greater accumulation of facts on this point.
But w’e shall at another time quote from au
thorities standing high with the Whigs, both
prominent Mexican as well as American au
thorities, language indicative that they con
sidered the Kio Grande the true boundary.
Among the distinguished names in the cata
logue wall be found not only Mr. W ebster and
Santa Anna, but, also, Col. Thomas 11. Ben
ton, whom the Whigs are so fond of quoting.
The adverse opinions of no Democrat, how
ever distinguished, could conclude American
rights to this territory even if consistently
maintained. But they lose all force when
found on both sides.
The question however, as to what lino has
hitherto been recognized by the constituted
authorities of Mexico and the United States,
of France, of Spain and of England, and by
their respective Statesmen as the true bounda
ry, will be hereafter a mere question of his
torical interest. The claims of Mexico were
pritna facie extinguished to the territory east
of the Kio Grande by the battle of San Ja
cinto in 1836. In attempting to recover them
in 1846, they have been very thoroughly and
permanently cloven down in the battles of
Polo Alto and Resaca. The finishing strokes
have been given in 1847, at Buena Vista, at
Cerro Gordo, at Contreras and Ghurubusco,
'and as, the grand coup dc grace, in the capture
of the City of Mexico. The rights of the
Mexican Republic exist now only in the sic
volo , sic jubeo, of the American people. Their
w ill is the law of the case.
The BSagnctic Telegraph-
We learn from the Columbia (S. C,) Tele
graph, that Mr. Haley, the active and energetic
agent for constructing this line, passed through
that place a few days ago, and stated that the
communication (by lightning) between Colum
bia and Charleston would be completed on or
about the 20th of November, The wires were
being put up between the two places.
Reduction, — The Directors ol the 1 elegraph
between Washington and New-York, have
agreed to charge one-third less for all over 100
words sent for the use of the public Press.
The Newton Company
We find in the Athens Banner a letter from
Jalapa, giving an outline of the march of Maj.
Tally's command from Vera Cruz. It states
the total loss in killed, wounded and missing,
in the four severe actions on the route,
at 105, among whom we notice the fol
lowing, attached to Capt. Loyall’s company of
mounted Georgians, viz; Corp. K. J. Terrell
and private John Cast-ley, wounded in the ac
tion at Passo Ovigas on the 10th of August;
private John Mabury in the action of the 12th
at the National Bridge; also James Davis killed
on the road. Three other men attached to the
same company and supposed to be killed or
captured, had made their way safely to Jalapa
and rejoined their company.
Late Battles at the City of Mexico-
Wc would reucur to the capture of the city
of Mexico, to make honorable mention of sev
eral who were natives of this city, and of Geor
| gia, and who wore wounded on those bloody
i fields. The veterans Mclntosh and Twiggs,
fell covered with wounds, of which they sub
sequently died. They could do no more Hum
yield their lives in the service of their country.
The brave Capt. Win. 11. Walker, who was
wounded, as also Lieutenants W. Smith, and
F. Selleck, who were likewise wounded, were
natives of this city. The two former were of
the regular army, the latter belonged to the
r egiment of the South Carolina Volunteers.
They have all fought bravely under the flag of
their country. Peace to the ashes of the honor
ed dead; honor to the gallant living. The
country will cherish the memories of the first,
and do honor to the heroic bravery of the lat
ter. — Chronicle Sj Sentinel, ‘22d inst.
[COMMUNICATED.]
The Wilkes County Kail Koad-
Mr. Editor: —Two years after the grant of
the original charter, the amendment was pass
ed, by which the name of the Company was
altered, banking privileges wore granted it,
and also the right of uniting with the Cincin
nati Kail Hoad. This amendment was accept
ed by the Stockholders, Jan. 12th, 1836. By
its 16th section it is provided, “That no ex
clusive privilege or right of road, extended to
the corporation by the act of which this is
amendatory, shall prevent the State from
granting a charter to any Company that may
hereafter apply for a rail road to run from
| Macon to the Tennessee State line, and from
i granting any chart cr or charters to construct
j any road to cross said road, at any point west
i of Eatonton, or Madison, or Athens.”
This saving to the State the right of grant
ing charters for roads west of M idi sun, Eaton
ton or Athens, has been held to abe virtual
; concession that east of those places the State
; had relinquished such right. This implication
j is the strong-hold of those who suppose that
no charter can be granted to our road.
i U
If there was any ambiguity in the 2d section
! of the original charter, whereby the words ad
| mitted of two interpretations ; one of which
' would deprive the State of the right of char
tering roads to cross the Georgia Road —and
j the other of which would not; —on such a
i supposition, the words of the amendment
| would throw light on the intention of the Lc
; gislaturc, and decide the meaning. But when
I there is no ambiguity, and when there Is but
| one (even though a somewhat obscure or dif
i ficult) meaning which the words can bear, —
that meaning cannot bo changed by mere im
plication.
What is the ground on which the implica
tion rests r It is on the supposition that the sa
ving of the particular right would not be made,
j if the State had a general right of granting
' charters, including the particular right. But
1 can no other reason for the reservation he sup
' posed, than that the State had relinquished
j (in so fur as roads crossing the Georgia Rail
Hoad are concerned) its general right to grant
charters ?
Suppose for instance tlrat in the opinion of
any advocate of the road from Macon to thu
Tennessee State line, (no matter how ill found
j cd the opinion) the State was considered to
; have relinquished her right cast of Madison,—
he would of course wish to have the right so*
! cure west of that place. If such ill grounded
opinions prevailed among members of the Le
gislature —from inattention, from rumor, or
any other cause —these members would op
! pose any extension, of the charter, without
j some provision in favor of the country west of
i Madison.
Might not some such apprehension have
given rise to a salvo for which there was no
j °
ground in fact?
Again —look at the very words of the sec
tion itself. On which side of Madison was
the proposed road from Macon to the leuncs
seo line to pass r On the western side. Docs
; not the State then in this section on which
such reliance is placed, make a special reserva
tion of the particular right, in the very section
tchich creates the general right I
The question did not arise before the Legis
lature in a direct and absolute form. “Did or
did not the former Legislature relinquish the
right of the State to grant charters for roads
crossing the Georgia Rail Road ? but in alto
| getlier a different and hypothtieal form. —
Whether the former Legislature did or did not
relinquish such light,—shall we relinquish the
right, as to the extension of the road r”
It must be recollected that the Legislature
which granted the amendment was different
from that which granted the original charter,
i Now there is no doubt that this second Lcgis
! laturc had a perfect right to extend the exclu
sive privileges of the Georgia Hail Koad as to
building roads ? Did they do it, however r
Was this act passed with such intention r
When the Legislature granted the banking
i privileges, did it do so by implication ? When
; it granted the privilege of extending the road,
was it by implication? No—it made express
■ grants of both these privileges. Is it at all
; probable then that it intended to make any
j extension of the exclusive privileges of the
' road, (the most odious feature in the charter
I —because barring the previous rights of others)
by a mere implication ? .
Would not the interpretation of the origi
nal grant be a judicial act? The Legislature
has a right to extend it —the Judiciary to in
terpret it. That provision of the Constitution
of our State which was considered as worthy
of the foremost place, was that “the Legisla
tive, executive and judiciary departments ot
government snail be distinct, and each de
partment shall be confided to a separate b<)d v
of magistracy ; and no person or collection of
edrsons, being one of those departments, shall
exercise any power properly attached to cifh-