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THE CONSTITUTIONALIST, j
JAMES GARDNER. JR.
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BY OUR PONY EXPRESS.
24 HOURS IN ADVANCE OF THE MAIL
f Frf“m the N. O. Picayune, 23*7 r'nsf.j
VTom Gen Patterson’s Train.
Jalapa, Nov. 24, 1817.
I sent off an unfinished letter to you last •
night, and when interrupted by the informa
tion that a courier was on the point of start
in’ I was n°iug on to speak of the intense j
tooling manifested by the most influential peo
ple in town in favor of Lieut. Alcalde, who,
with Adj’t Garcia, is to be shot to-dav, at
noon, fora violation of their parole of honor.
So deeply were my feelings wrought upon by
the scenes of last evening—the crowds of sup
plicating women—the solemn but animated
countenances of Mexican generals, priests, and t
dignified citizens, as they plead* for the lives
of those who had so basely forfeited them, that
I dreamed of nothing else last night but exe
cutions, priests and crying women.
The degrading confession, on the part of the
most respectable Mexican citizens that it is
considered no disgrace, no crime for a Mexi
can officer to violate his parole of honor while
an enlarged prisoner of war, or even for him i
to join a band of cut-throats while vet a pris
oner, and lie in wait to kill those to whom he
owes his life and freedom—to whom, in fact,
his life belongs, is enough to excuse us from
putting any faith in future in the promises of
Mexican officers. It is time, too, to give these ’ 1
individuals a few salutary lessons in the school
of honor, and to cause them to bold inviolate: !
the almost only barrier aga nst wars of exter
mination, viz : the soldier’s parole.
The two criminals spent the whole of last i
night in the church with priests, a strong guard !
being placed over them. Their coffins have
already been conveyed to the place of execu
tion, and in less than an hour the two wretch
ed men will die, as they hardly deserve I
to die, a soldier’s death, and they will i
appear before a higher judge, who will de- 1
cide whether it is wrong to take the life of a !
professional soldier for a violation of the most !
sacred and humanizing feature in civilized j
warfare. A esterday the citizens of Jalapa wit
nessed an act of American j ustice, to-day they
will see another.
Half-past 12 o'clock. —’Hie execution is over. !
Tae prisoners marched blin ifoldod to the pla- |
za. A priest attending them. They were in
full uniform, and behaved with as much firm- j
ness as could be expected of men under such
circumstances- Each was supported by a i
friend at either arm, and were led to the side ;
of the plaza and sc .ted upon their coffins,
near the wall of the barracks. They contin
ued their devotions alou 1, alter embracing a
few friends, until the word “ fire V’ when both
fell back dead, scarcely moving a muscle.
The troops under Gen. Patterson were all pa- :
radod again, and not only looked very well,
but behaved as they did yesterday, with per- !
feet propriety. The bodies of the executed of
ficers were given over to their friends, and soon
conveyed away in neat coffins. Thousands of
Mexicans flocked towards the scene, but were
prudently kept out of the plaza. The excite
ment which prevailed yesterday among the
inhabitants seems in a mea-nre to have subsi
ded to-day—but whether it yielded'To a sense
of juetice or to awe, remains to be seem
Everything in the solemn ceremonies of
yesterday and to-day was conducted correctly !
—Capt. Taylor, of Col. Hughes’s regiment,
acting as provost marshal. The military com
mission before which all four of the criminals
were tried, was presided over by Major Kcnly i
of Hughes’s regiment, Lieut. Burnside, of the
2d Artillery, acting as Judge Advocate. The
members of the court proceeded in all the tri
ads with great care, and offered to the prison
ers every facility irr their power as judges, to !
prove their innocence and’to bring up pallia- I
ting facts. They performed their duty like
just and intelligent men, and true soldiers.
Lieut. Burnside, the Judge Advocate, has con
ducted himself throughout all the proceed
ings in a manner to call forth praises from all
parties. H.s duties were arduous, and of the !
most responsible and painful character ; but,
although young, (a recent graduate of West
Point academy,) he has done his duty kindly,
delicately and faithfully. Col. Hughes, whose
duty it was to approve or disapprove of the
sentences, met the painful subject in the same
unbiassed, decided manner. The prisoners
were legally condemned on the most clear and j
positive evidence, and he had but one course
to pursue.
The colonel and captain (guerrillaofficers) j
were sent up this morning to Perote; in-charge
of the Ist Pennsylvania and Georgia Regi
ments, there to await there trial. It is more j
than probable that they, too, have broken
their parole, but I really hope for human de
cency’s sake, that they have not been guilty of
somexcusable and disgusting an offence.
We a*e off again to-morrow morning; so
farewell, or rather, auvevoir . b.-
♦No petition was gotten up-by these people
in favor of the two Americans who were exe
cuted yesterday, and very little was said in
favor of Garcia; Lieut. Alcalde was the main
object of their sympathies. Great pity that
a young mart of good family, (nephew of Her
rera, See., &c.) and with so many powerful
friends, should value his honor so lightly.
Jal a pa, Mexico, Nov. 24, 1347.
It is now dark, and since I concluded my
last communication and handed it in to be for
warded, such singular and outrageous scenes
have passed before mo that I must again write,
though in the midst of preparations for a long
march. This morning the alcalde of Jalapa
called on General Hughes and asked him if
the bodies of the condemned Mexicans could
be given up to their friends after the execution.
«Yes.” “Will you allow the condemned to
walk to- the place of execution?” “Yes, if they
and their friends desire it.” Will you direct
that they may not march in the midst of sol
diers, but a space be allowed for them and their
friends?” “They will be strictly guarded to
the place of execution, and every precaution
taken, to prevent confusion- attempt to es
cape. Although they have forfeited every right
to such considerations, still they are condemn
ed to die, and every reasonable indulgence
shall be allowed, and all proper delicacy shall
be observed towards them.” “May the usual
funeral ceremonies be performed.-” [lt had been
intimated to Gov. Iloughes that subscriptions
had been made to get up a grand pageantry.]
“Certainly, yes, but no ostentatious display
will be allowed. Should any thing of the kind
be attempted I shall put it down and hold you
responsible for it. The immediate relatives
and friends can bury the unfortunate men ac
cording to usage, but nothing further. Do you
think one hundred persons would be as many
as would congregate on the occagion?” “Oh!
yes; not so large a number will desire to at
tend.”
A short time after this interview the alcalde
went to Gen. Patterson’s quarters, and,through |
an officer of the staff, asked if the general had i
any objection to the deceased being buried i
with the usual religious ceremonies. The of- 1
fleer, alter consulting with the general, replied i
that no objection would be made. Judge, then,
of the surprise of the general and the governor !
when they heard tire sounds of martial music '
passing their quarters, an i on looking out saw j
a procession of some 2500 people, a military |
band of twenty-five musicians, the military I
caps of the degraded scoundrels carried along j
side of the gaudy coffins; a formidable array j
of priests, silver candlesticks, &c., Tec., and |
two hundred of the first citizens of the place, j
scrupulously dressed iu the finest broadcloth, i
in tasty and complete mourning suits, following j
the remains of the very men whom our of
ficers had condemned for the basest of all '
crimes—men who, in Europe, in any civilized
or decent community, would have been de
nied every thing but “the benefit of the clergy!”
Gen. Landero was in the procession. Never
were the most sacred and tender feelings of
humanity more grossly outraged; never was
impudence or insult more strongly marked;
never did the inhabitants of a conquered town
deserve severer chastisement. The alcalde, it
seems, after visiting headquarters, went and
told Gov. Hughes that he had seen Gon. Pat
terson and communicated to him all that the
Governor has said to him, and that the general
had given his free consent for the remains of
the criminals to be buried with any ceremo
nies their friends might see proper to observe !
It would seem that our enemies are bent
upon their own destruction. No kindness is
extended to them that they do not abuse; no
courtesy shown them that they do not mock
at; no faith placed; in them after they are con
quered that they do not take disgraceful ad
vantage of. A major general of our army has
been in this place two weeks, and Gen. Laud
dero, a prisoner of war on parole, who, it is
pretended, has been here all the while, never
reported himself to him until the guerrilla
officers had been captured, and then he made
his appearance to beg that they might be par
doned. I now believe that Landero has been
at Orizaba, o jerating against us, but people
hero, not Me deans, who have lived here for
years declared that they had no idea that he
was in Jalapa. That Col. Hughes will have
trouble with these people, I have little doubt;
hut that he will prove to them that he is an
“out and out” gooernor of the place, I am cer
tain.
Orizaba will, I trust, soon be occupied by at )
least a thou sau I of our troops, and Gov. De i
Soto thus be deprived of his power to annoy us. |
X B.
\
NEW ORLEANS, Dec. 22—P. M. —Cotton
The market has been quiet, and the sales do not
exceed 2000 bales ; prices unchanged, though hold
ers are free sellers.
Su<rar. —soo bids, changed hrnds at yesterday’s i
prices; say Fair^c.
Morasses. —Sal-s 1500 bids, at 18J a 18^c.
Flour. —The market continues heavy. Sales j
confined to 220 hols. Illinois a id 500 bbls. Ohio, at !
55.50. and 600 bbls. at auction, slightly damaged,
at 54.80 a $5.
Corn. — Prices are easier. 4351 sacks White and
Yellow were sold in seven lots at 60c; T2CO Waite
at 61c; 300 Yellow at
5000 bushels White at 52c in bulk.
Whiskey . —lso b‘ Is. Rectified woi e taken at 19£c.
Freights. —A ship taken for Trieste at IJc.
Luts from Monica-
The British West India mail steamer Te- !
viot arrived at Ship Island on the 20th from
Vera Cruz, whence she saile I on the 16th inst.
The advices from the city of Mexico are to the
14th inst.-
The news is very important. On the
6th inst, (which is the latest from Queretaro)
the Mexican congress had- a quorum, but no
business had been transacted. The correspon
dent of the Piety une mentions some impor
tant news in the following extract from one of
his letters:
I was assured yesterday by an intelligent
Mexican, and one who, from his position, is
■ doubtless correctly informed, that the Mexi
can Government had determined to send pro
positions to Washington, for commissioners to
meet at Havana and arrange the terms of a
treaty of peace, and that these propositions
had actually gone down by a spe dal courier,
I who accompanied the train which left yester
: day.
Another paragraph in the Monitor of yes
terday states, that GemParedes had hal an in
terview with Father Jarauta, the notorious
: chief at Talancingo, and that they resolved
upon calling in the aid and intervention of
European Powers in the affairs of Mexico. —
From this it will appear that Paredes has not
abandoned his favorite project of placing a
1 foreign prince on the throne of Mexico; in
fact, it is the prevailing opinion here that it
1 was for this purpose he returned, notwith
standing his many protestations of patriotism
and devotion to the cause of his country. He
is viewed with distrust by all parties and can
not command among the native Mexicans,
even a decent corporal’s guard. He is backed,
however, by many foreigners, among whom is
one Juan de la Granja, formerly Spanish Con
sul at New York, and a corn sp indent to the
1 New York Sun. This fellow has gone to
Queretaro; where he will, doubtless, aid Pa
redes with all his influence. El Iris Espanol,
the Spanish organ here, comes out in. a long
article protesting against the feeling which ap
pears to have sprung up in the United States
in favor of the permanent occupation of this
country.
G®n. Scott had issued an order dividing the
army into brigades under the command of
Gen’s. Smith, Cad wall ader and Col. Riley.
He had also issued a severe order against the
guerrillas.
It was rumored that an expedition to the in
terior was organizing at the city ot Mexico,
and that it was to be under the command of
Gen. Smith.
To Col. Bankhead, of the 2d artillery, has
been assigned the command of the department
of Vera Cruy.
We see no reference in our news to the ar
rests made by Gen. Scott.
Below we copy from the correspondent of
the Plcayune at the city of Mexico.
The Monitor of yesterday publishes a decree
from Senor Rosa, the Minister of Jud ce and
Ecclesiastical Affairs, protesting against the
sale of church property in this city, except
for the benefit of the Mexican Government and
the Church. You will recollect that a short
time ago the civil and military Governor pro
hibited the sale of any of this property, ex
cept by permission of the Government of the
United States, and Rosa’s decree seems to be
intended to counteract the effect of this prohi
bition. He, Rosa, pronounces all such sales
invalid and of no effect, and speaks w armly
on the subject. The Mexican people or those
who administer the govenfnvnt, appear to
think that the result of the recent buttles in
this valley has been j ust nothing at all; that
notwithstanding the loss of their capital, the
dispersion of their army, the dissensions of
their chiefs, and their entire want of control
over any portion of the country occupied bv
; our troops, everything must go on just as it did
before; that the revenues c f the country must
flow into their hands r s usual, and that any
diversion of them for the support of our troops
| is an insult, a wrong committed ou the nation,
i vvnich they as rulers thereof, are bound to re-
I sent. In fact, judging from the tone of his
i decree, one would think, that Rosa intended
to make a personal matter of the atfair with
1 Gen. Scott.
i Tne following item is from the American of
; the 14th of December :
Serious Affray.—On Sunday evening, the
12th hist, three men (Ist. and 2nd. Pennsyl
( vanians.) were attacked by a mob of leperosin
i one of the streets in the west part of the city,
I and one of the party named Luke Floyd, so
i badly beaten that his death is expected.—Some
of the party escaped and procured a guard who
shot three of the Mexicans dead and wounded
! others.
[Special Correspondence of the Picayune.)
Mexico, Dig. 10th, 1817.
I Yesterday the train under the command of
j Geu. Twiggs, left for Vera Cruz. This is the
seiOid tr; i.i that has left hrre for the U. S.
since the occupation of the city by the Ameri
can Army; but this, unlike the first, goes down
with almost the certainty of reaching the coast
in safety; before all was doubt. The road was
known to be beset by guerrillas, and mmy
thought that at some favorable point the con
voy would be attacked by the whole Mexican
Army, supposed to be fifteen thousand strong;
now it is known that there are bodies of our
troops every femiles on the road, and that
Gen. Buteir with seven thousand men, will
m let the train somewhere in the u ighhorhood
of Puebla. There are no Mexican troops known
to be on the road, and the few binds of rob
bers who may harbor in the villages and bar
rauces dare not attack the train, protected as
it is by a strong escort of artillery —that weapon
so elective in the hands of Americans and so
much dreaded by the Mexicans. Gen. Twiggs,
the commander of the train, is too well known
as a fighting general for the greasers to
willingly .attack him, unless, indeed, they
were in overwhelming numbers, and the hope
of plunder might be too much for them; but I
dase prophesy, if their temerity should carry
them so far, that they will get more licks than
copiers.
By Magnetic Telegraph
Correspondence o f the Times and Compiler.
CONGRESSIONAL.
Washington, Monday, Dec. 2C —P. M.
U. S. SENATE.
Tlie Vice President cailcd live Senate to order
to-day at 12 M. Prayer, by the Rev. Mr. Gurley.
Mr. Dix presented a memorial from officers of
the U. S. Army at Puebla, praying the establish
ment of a retired list for the Army, and making
provision for orphans and widows. The memorial
S was signed by Geneials Scott. Worth and others.
I In presenting the memorial, Mr. D*x addressed the
| Senate in an eloquent and forcible manner, iu bc
l half of the objects prayed for.
Mr. Hannegun presented a memori;dq>rayLngfor
he establishment of a territorial government in
Oregon.
Agreeably to notice, Mr. Felch asked and ob
tained leave to bring in a joint resolution, which
was read the first and second rimes, by unanimous
consent, and referred to the Committee on Public
Lands. It related to errors and defective returns
in certain surveys.
Mr. Breese, agreeably to previous notice, asked
and obtained leave to bring in a joint resolution,
which was read tbe fust and second times, and re
ferred to the committee on Indian Adairs. The
res iutiou relates to holders of certain lands under
Indian reservations, alienating them in fee.
.Mr. Hale piesented resolutions of instruction
adopted by the Legislature of New Hampshire, in
i'av r of the Wilmot Proviso.
Mr. Nile presented similar resolutions of tbe
Legislature of Connecticut, in favor of the Wilmot
Proviso.
The resolutions offered some days since by Mr.
Calhoun, coming up. he moved to postpone them
until the Ist Tuesday in January.
Mr. Allen desired to know whether Mr. Callioun
meant to go against all acquisition of territory ?
Mr. Calhoun replied that it was not his intention
to involve any other question than that contained
n his resolutions. 'The question of the conquest of
Mexico was the real one before tbe country, and
.hat he should discuss.
Debate ensued, in which Mr. Alien moved to ra
rer the resolutions to live committee on- Foreign
Relations.
After i'urthe" debate, tbe resolutions were post
poned, and made tlie special order for to morrow
for; nig' t.
Mr. Dickinson relative to the acqui
sition of territory, were then taken up, and ati in
eresting debate ensued, in which Messrs. D;ckin
mn, Cass, Calhoun and others, took part —when
;hcv were passed over for the present.
A message was received from the House of Rep
resentatives. announcing proceedings relative to
he death of the Hon. (ko. C. l4roiugool«:
Mr. Mason delivered an eulogy on tire deceased
member; and after the adoption of the usual reso
lutions in such cases, the Senate adjourned.
HOUSE OP RE PR ESENTA 77 VES.
Mi*. Grinned offered a resolution instructing the
Judiciary Committee to inquire if officers have
been appointed to explore the Dead Sea. and if
there he power to appoint similar commissioners
to explore rivers and harbors in the I.’nitct7Slat«rs.
Mr. Schenck moved resolutions of enquiry res
pecting all orders for the conquest of California and
New Mexico.
Mr. Isaac E. Holmes offered a resolution calling
ou the States to refund the surplus fund of $30,-
000. loaned them, before Congress authorized
more loans. Referred to the committee on Fi
nance.
Mr. King, of Georgia, offered a resolution to dis
pense with desks in the hall of the Home. Laid
on the table.
Mr. Pettit offered a series of resolutions favoring
Internal Improvements.
Mr. Simms moved to lay tbe resolutions on the
table—Lost; yeas 70 nays 124.
Mr. Richard .on offered resolutions asserting the
justness of the w ar now waging w ith Mexico—that
indemnification was necessary to satisfy our rights;
and that the rejection by Mexico of the overtures
for peace on our part, leaves us no alternative but
to fight it out.
These resolutions gave rise to several motions,
when the Previous Question was demanded on
them, but before it was put, a motion was made to
adjourn, wdiich was carried..
And the House adjourned.
Washington, Tuesday, Dee. 21—P. M.
U. S. SENATE.
The Vice President having called the Senate to
order, Mr. Dix, agreeably to notice before given,
asked and obtained leave to bring in a bill relating
to the repeal of the Pilot Laws. It was read the
first amt second' rimes, by consent, and referred to
the Committee on Commerce.
Several Senators gave notice of their intention
to bring in bills, and the Senate adjourned.
HOUSE OF REPRESENTATIVES.
Numerous petitions were presented.
One of these was presented by Mr. Giddings, of
O' », and p-ayed for the abolition of slavery in the
1. trict of Columbia.
Mr. Geo, W. Jones moved to lay it upon the
table.
Mr. Jacob- Thompson called for the reading of
the paper.
Mr. Geo. W. loncs demanded the yeas and nays
on his motion, and the call w as sustained.
The vote was declared to be, yeas 97, nays 97,
and the Speaker voted in the negative.*
The members continued to present petitions.*
Mr. Richardson's resolutions on the Mexican war
were then taken up for consideration. Substitutes
were offered by Messrs. Stephens, Bolts, R. W.
Thompson, and Van Dyke. The previous question
was refused, and the House passed from the sub
ject for the present, without any further action. —
So the resolutions lie over.
Mi*. Wentworth’s resolution in favor of Internal
Improvements by the General Government, was
called;up. The previous question w*as demanded
and sustained, and the resolution was passed.
[*Oar despatch is not entirely intelligible as to
this vote, and it is very possible we have mistaken
its meaning ]
Washington, Dec. 22.
/.V SENATE.
The Senate met at the usual hour and was call
ed to order by the Vice-President. Prayer was
offered by the ReV R. R. Guriev, the Chaplain of
I the House.
Sundry petitions and memorials w*ere presented
upon various subjects; and among others one by
Mr. Hale of New Hampshire, relating tc the abo
lition of slavery.
A question was raised by Mr. Berrien of Geo.,
as to the propriety of its reCep ioh.
Mr. Hale insisted, and Justified his course by sta
ing that it was dictated rather by a sense of duty,
than any desire on his part to press the subject.
This provoked a discussion, which resulted in
the question of reception being laid on the table,
by a vote of 33 to 9.
Mr. Ashley of Arkansas, from the Committee on
the Judiciary, reported a bill amending the act re
gulating the appellate jurisdiction of the U. S. Su
preme Court. The bill was read the third time
and passed.
Mr. Cas 3 of Michigan, from the Committee on
Military Affairs, reported a bill providing for the
raising and equipment of additional troops to serve
during the war with Mexico.
The Senate then went into Executive session.
HOUSE OF REPRESENT A TIVES.
After the House was duly organized, and had
proceeded to business, Mr. Robert Smith of Illi
nois, suggested certain corrections in the Journal,
which were accordingly made.
Mr. Ligoa of Maryland, said he voted in favor of
1 laying the abolition petition presented yesterday,
I o n the table. His name, he found, was recorded
in the negative. Me wished it corrected. It was
j corrected accordingly, and the vote then stood,
! yeas 90, nays 97. The Speaker said he voted in
the negative, which made a tie—consequently the
motion to lay the petition on the table was still
lost.
The resolutions of Mr. Henley of Indiana, pro
viding for the appointment of the Pj inting Com
mittee by the Speaker, were taken up and passed.
Sundry petitions and memorials were then pre
sented by several members, and referred to appro
priate Committees.
The Standing Committees were called in order
by (he Speaker for reports.
Mr. Gentry of Tennessee, from the Committee
on Indian Affairs, announced that Mr. Barringer of
North Carolina, had taken his place as Chairman
on that Committee.
The resolutions were then called over in their
regular series, and those presented by Mr. Lincoln,
! ol Illinois, relating to the Mexican War, were or
dered to lie over.
On motion of Mr. Vinton, of Ohio, the House re
solved it elf into h Committee of the Whole Upon
the state of the Union, and Mr. J. R. Ingersoll, (of
Penn.,) was appointed to the Chair.
The Committee took up the bill to supply the
deficiency in the appropriations for tbe Subsistence
; Department, which was passed.
! The President’s Message was then taken up. and
| motions made to refer the several parts of it to the
appropriate Committees.
Mr. Clingman, of North Carolina, offered an
amendment to this motion, and in the course of his
remarks, which were continued for one hour, the
full limit of his time, introduced the subject of
Slavery. In expressing his views as to the manner
1 of its agitation at the North and South, he used
earnest and pointed language,- and entered quite
warmly into the discussion of the question. He
spoke with fluency and ability, and from’ the nature
of the subject and eloquence of his delivery, com
manded the attention of the House.
After the close of his speech, the House rose
from the Committee of the Whole, and adjourned
without further business,
Washington. Dec. 23, P. M.
U. S. SENA TE.
The Vice President called the Senate to order
to-day at 12 M.
A message was received from the President,
tra .smiting a re >ort of the Secretary of the Navy
relative to Dry Docks.
Mr. Crittenden, agreeably to notice, asked and
obtained leave to brinir in a bid. which was read
the first and second time, an I made the special
order of the day for Monday next. li. related to
the purchase'of the MadisOli papers.
Mr. Johnson, of Maryland, introduced resolutions
cal ing on the Secretary of War for information
relative to the number of regular and volunteer
troops who have actually been in service in Mexi
co—Slow many have been discharged. &c.
A messa ,e was received from the House of Rep
resentative 3. announcing the death of the Hon. Mr.
Harner of Ouio.
Mr. Allen responded to the announcement from
! <he House, and paid a tribute to the character of
the decreased.
As er the adoption of the customary mourning
resolutions, the JSei;ale adjourned till next Nh>tiday.
HOUSE OF REPRESENTATIVES.
Mr. Schenck offered a resolution that when: the
| Hon e adjourns to-day, it will adjourn over to Mon
day next —which was adopted.
The Speaker announced that the first business
in order would be tiie reception of Petitions and j
Memorial-. Before any were presented, however, I
Mr. Morris arose and announced tbe death of a
memb r from Ohio, the Hou. Mr. Hamer ; and,
after a brief but eloquent eulogy on the deceased. |
the House adopted the usual resolutions of condo- i
I lertce and meaning.
Later from Santa Fe.
- (Correspondence tkc Ba'ti.nure Patriot—By Telegraph i
CINCINNATI, Dec. 22. 1847.
We have later accounts from Santa Fe and j
Chihuahua.
Fourteen companies and two battalions had
left Santa Fe for the South, to winter at El Tas
so. Five hundred troops remain.
The farcer under Newby and Bodine had
gone to Taos.
The St. Louis Republican has accounts
which state that |the troops on their way
to the South, committed flagrant violence on
the inhabitants of the country, and had made
i the whole army odious.
It is stated in papers received that a war
: party of Camanches had made an attack on
the Rio, drove off two hundred cattle, killed
three men, and captured all the wagons.
Paymaster Spalding reports that 3500 Mexi
cans are fortifying Chihuahua, and that they
were casting canon at that place.
The river is frozen over at Bardstown, Illi
nois.
Gens. Quitman and Shields.—These dis
tinguished officers having made known to his
Excellency Gov. Johnson their intention to
leave our city yesterday, an order was issued by
him for the volunteer companies composing
i the Fourth Brigade to parade as an escort to
conduct them to the point of debarcartion.
The military were formed on the Brigade
Parade Ground in Meeting-street* under com
mand of Brig. Gen Cruickshanks, from whence
, they marched to the Charleston Hotel, the
place designated in the special order of the
- Governor. Here they were formed into line,and
reviewed by Gen. Quitman, on horseback,
* accompanied by Adjt. Gen. Cantey.
Previous to the review, Gen. Shields made
1 his appearance in the piazza of the hotel, ac
companied by the Mayor, where he remained
for some time a spectator of the ceremony
below, and expressed himself highly pleased
P with the movements and military bearing of
! our citizen soldiery.
It was the intention of the escort to have
! conducted these officers to the Wilmington
C boat; but, as she had not arrived when the
ceremonies were concluded the military, were
5 dismissed. We understand, they left last
evening, about half-past 7 o’clock, on their
, way to Washington.
The ladies of Charleston, with their accus
tomed kindness, have taken care that Gen.
t Shields shall suffer as little as possible from
his wounded arm. They have presented him
, with a sling for its support. It is made of
- deep blue satin, from which a pendulum of
■ the same material is suspended, on w r hich is
embroidered in gold cord a Palmetto tree,
surrounded with a golden w*reath of Shamrock,
| and surmounted with the motto —“Jasper
sustained the Palmetto—the Palmetto will
sustain a Shields.” —Charleston Courier, 25th
t inst.
51 ngtts t a , (Georgia.
TUESDAY MORNING, DEC. 28.
!3P*The crowded state of our columns this
morning, with Legislative proceedings and
Mexican intelligence, excludes much other
I .
interesting matter we have prepared, among
| w'hichis a continuation of the acts passed by
the Legislature, and signed by the Governor,
up to Saturday last.
The Mails-
Three of the Northern mails due last evening
came to hand. There wall be three due this
evening.
Democratic WLei ng*
MILLEDGEYILjIE, Dec. 22d, 1847.
At a meeting of the Democratic party in
: the Representative Hall, Gen. John W. A.
. Sanford in the Chair, and the Hon. Joseph j
Sturgis of Muscogee, and Dr. R. L. Roddy of
Monroe, acting as Secretaries, the following
gentlemen were appointed Delegates to the
National Convention, to nominate candidates
for President and Vice-President :
FOR THE STATE AT LARGE.
j M. HALL McALLISTER, of Chatham.
ABSALOM 11. CHAPPELL, of Bibb.
Ist Dist. Thomas M. ForMaN, of Glynn.
2d “ Henry L. Benning, of Muscogee.
3d “ James S. Pinckahd, of Monroe*
4th “ William B. Pryor, of Troup.
sth “ Charles J. McDonald, of Cobb.
6th “ William H. Hull, of Clark.
7th “ F. H. Cone, of Greene.
Bth “ Eli 11. Baxter, of Hancock.
The Louis Philippe.
This fine Havre packet, with a valuable car
go on bourd, and a number of passengers, got
ashore off Nantucket, and after loosing her
rudder, and one or two anchors, w*ag got offin a
leaky condition, and taken into Edgartown.
A severe snow commenced at Richmond on
Monday night, and continued without inter- !
mission all of Tuesday. The Richmond Re
publican of Wednesday says—“ Last night the
snow w r as one of the deepest we remember to
have seen.”
Palmetto Regiment Returning* Home
The Greenville Mountaineer of the 25th
inst., says—We are pleased to learn, as we do
from most reliable authority, that Governor
Johnson has received intelligence from the
Secretary of War that the remnant of this
brave and devoted regiment will be immedi
ately discharged, and the State and the friends
of the survivors will have the satisfaction of
greeting their return home about the first of
February next.
Government Steamers.
The Savannah Republican 24th inst. says—
“We hav*» the pleasure to say, on the authori
ty of a friend, that the Proprietors of the New
York and New* Orleans line of steamers, have
two Os their steam ships far advanced towards
completion-. These vessels are each 255 feet
long : —one 4*6 aiid the other 49 feet beam—
both 15 feet depth of hold. Eich vessel is to
draw 43 feet w ater when fully laden. The j
burthen of one is 2300 tons —of the other 2GOO
tons. They can ; come to the wharves in this
tity, w’here they will touch weekly ou their
trips between the cities of New Orleans, Ha- j
vuna and New* York.
“These two fine ships, aVe‘ the first of the
Ocean line established with the patronge of the
Government, by authority of the Act of Con
gress of 3rd March, 1847 —commonly known
as £he law of our Representative in Congress,
the Hon. Thomas Butler King, The Presi
dent of the United States, in his recent annu- '
al Message, speaks in terms of high commen
dation of this plan, as one which will promote
the general interests of commerce, and tend
much to improve our young Navy officers in
the art'of steam navigation.”
( Correspondence of the Constitutionalist.)
GEORGIA LEGISLATURE.
IN SENATE ,
Thursday, Dec. 23, 1817.
The Senate took up the special (r Jer of the
| day—the report of the Committee of the
i Whole on the bill for the relief of Peter
Trezevant —w hich, after considerable discus
sion, was passed, by yeas 28, nays 14. As
follows:
Yeas —Messrs. Barclay, Chastain, Clayton, 1
Darden, Duncan, Farris, Forman, Fort, Hol
loway, Hunt, Hunter, Irwin, B, D. Johnson,
1 H. J. Johnson, Lawton, Little, Marks, Max
well, Moore, Montgomery, Parks, Rees, Sni
-1 der, Stew'art, Terrill, Wales, Williams and
Willingham— 28.
Nays—Messrs, Camp, Cochran, Coffee, Col
lins, Dunagan, Glenn, Henderson, Hilliard,
Halford, Simmons, Smith, Stapleton, Watters,
Wiggins —14.
The Senate took up the bill w hich author- j
izes the Governor to appoint additional En- t
gineers on the Western and Atlantic Rail ’
Road, and also, with the concurrence of the |
| Chief Engineer, to contract with any person
i or persons for the completion of said road,
provided it can be done for the sum of $375,- i
000 or less, payable in the bonds of the State;
and on the passage of the bill the yeas were
20, nays 18.
HOUSE OF REPRESENTATIVES.
Mr. Ramsay moved to reconsider so much
of the Journal of yesterday as relates to that
section of the bill appropriating money for
the political years of 1848 and 1849, that fixed
the per diem pay of members at $4. Y r eas
70, nays 34.
Mr. How*ard moved to reconsider so much
of the Journal of yesterday as relates to the
rejection of an additional section offered by
Mr. Gaulding to the bill appropriating money
for the political years 1848 and 1849 : “That
the sum SISOO to W. T. Colquitt, and the
: sum SISOO to Joseph Sturgis, and the sum
of SIOOO to Alexander McDougald, for pro
fessional services by them rendered the State
in prosecution of writs of quo warranto a
gainst the Bank of Columbus, and the Chat
tahoochee Rail Road and Banking Company.”
■ The House agreed to reconsider.
Mr. Phillips, from the Special Committee
in relation to Messrs. Towns, Sturgpa & Ben
ning, Attornies of the Central Bank, made
the following report:
Resolved , That a Special Committee be ap
pointed to examine into .the alleged defalca
tion of Messrs. Towns, Sturgis & Benning, as
= .. ,11..
Attornies of the Central Bank, and that th^y
report all the facts connected with said charge'
that said Committee have power to send for
persons and papers, and that they fully ex
amine and report what balance, if any, is due
by said firm; and what misconduct they or
either of them have been guilty of; and es
pecially that said Committee have power to
I examine into the unsettled account reported
by said Director, and report to this House the
reasons why the same has not been settled*
and that due notice be given to the parties, so
that they be permitted to appear before the
Committee in person.
The Select Committee to whorn was referred
the consideration of that part of the report of
the Director of the Central Bank as relates to
the alleged default of Messrs. Towns Sturgis
& Benning, as collecting Attornies of the Bank,
and who were by resolution instructed to col
lect the facts in relation thereto, and report
the same to the House, report:
That the firm of Towns, Sturgis & Bending
l received in August, 1835, promissory notes of
the Bank, amounting, in the aggregate to the
sum of $3,539 00, principal, for collection:
that on the first of September, 1837, Joseph
Sturgis, one of the members of that firm, who
had the entire and exclusive management and
control of the whole case, in the name of the
firm, advised the Bank that the money was
collected on each of the notes, except two
small notes, one of S3O and one of $20 —and
also except one hundred dollars upon a note
of one Williamson, which had been paid into
Bank before the note was sent out for collec
tion, and which they had allowed Williamson,
being so instructed by Mr. Mills, who was
then the Cashier of the Bank; to which credit
thus allowed, your Committee cannot find that
any objec- lion was made on the part of the
Bank—but, from the silence of the Bank, must
have been then acquiesced in.
Accompanying this statement of the cases
collected, and on the same sheet of the paper,
was a letter signed by Joseph StUrgis alone,
addressed to Dr. Fort, then the President of
the Bank, advising him of the enclosure of
1 two notes, or drafts, in blank, strongly en
| dorsed, proposing them to be discounted for
the funds in hand collected, and asking Dr.
Foi t to arrange the business for him with the
Bank; and if the same could not be done wdth
| out his presence, to advise him thereof, and
he would come himself and personally attend
to the same. This letter, as also the letter of
Towns, Sturgis & Benning, with the state
ment of the cases collected, all being on the
j same sheet of paper, was directed to the Cash -
| ier of the Central Bank, and was by him filed
j as a part of the correspondence of the Bank.
| There is no evidence that the Bank ever re
plied to this letter of Mr. Sturgis, or advised
him that the notes could not be discounted,and
, that the money must be paid over to the
Bank.
On the 27th December, 1837, an order
was passed by the Bank, upon the eve of that
direction going out of office, that Cahrles J.
McDonald proceed to settle the cases with
this firm'.
Your Committee have no evidence that any
application was made for tins money, oh the
part of the Bunk, after being notified of its
collection, until the month of March, 1838,
when Mr. Sturgis paid over to Gov.' McDon
ald, as the of the Bank, the'sum of $3,-
51 i 30, and which sum was afterwards ap
i plied by the Cashier of the Bank, in accor
dance with instructions, to a settlement of the
account of Messrs. Towns Sturgis & Benning,
leaving open, and unsettled, the note of E.
Johnson, principal and interest, $249
Sanders’ note, s2l 20—Hatcher’s note, for
$30 —and a balance of WilliUnson’s note of
one hundred and sixteen dollars: —the note
for S3O being uncollectable, makes the a*
mount unsettled, $337 7o: deduct from thisr
the commissions on the amount collected, vi/j
the sum of sl9i 95, leaves a balance due the,
i Bank, unsettled, of $192 81. The Cashier of
1 the Bank, on the 18th November, 1815, at the
instance, as he says, of Judge Sturgis, sent
the account of this firm to the Messrs. Thomas
& Downing’, for the purpose of effecting a e
-of this balance; and it appears that thef
parties were unable to come upon terms of
settlement: the Director of the Central Bank
requiring interest on the money collected fio n
the time the Bank was advised that the sain*?
I was collected, viz, from the Ist Septemb er*
1837, to March, 1838, whit h Judge Sturgis,v Dr
alone has had any agency on the part of the
firm* in the whole transaction, refused —each*
member of the firm proposing to pay what of
nght the Bank was entitled to.
It further appears that Judge Sturgis, to
enable him and the Bank to come upon terms
of settlement, requested tire Direction to sub
l mit the matter to the Judge of the Superior
j Court of the Chattahoochee Circuit, by mov
ing a Rule at Chambers against the firm, that
‘ the Judge might then pass upon, and settle
the matter of difference between them. —This'
proposition the Director thought proper t'V
decline, advising Judge Sturgis that the Rule
would be taken at Talbot Superior Court, in
the month of Septeprber then ensuing, at which
Court, as appears by ah exemplification copy
of the proceedings had, the Central Band raov
i ed a Ride Nisi against the firm, calling upon
them to show-cause why they should not pay
over to the Bank the principal and interest
collected in each case, with interest thereon
from ihe day of collection up to the month of
September, 1847, the time when the Court
was in session. To this Rule, each of the
j members oi the firm answered separately; —
| Mr. Sturgis answering that the money was
collected by him alone, and that the same
was paid over upon application, except the
balance as before mentioned, and proposing to
I be willing and ready then to pay the same;
j Messrs. Towns & Benning each answering that
: they had no knowledge of the affair, except as
j derived from Mr. Sturgis, but that they were
i each whiling and ready to pay the amount ad
mitted to be due. To this answer of Mr. Stur
gis, an issue w r as tendered, and the case con
\ tinned by the Bank.
It is proper to state that the firm were *d
| vised by letters in August, 1837, that any
money collected might be remitted by mail,
an 1 the reason for failing, to remit, as given
bv Mr. Sturgis, was the enclosure of the notes
to be discounted for the amount in hand im
mediately thereafter to the Bank, and the Bank
| failing to reply thereto, or to return the notes,
or to advise that they would not be received
I or discounted, and that the money must be
! remitted.
It i* due to Messrs. Towns & Benning, from
all the facts in evidence, that they have each
been urging the final settlement of this matter,
and have proposed to pay over to the Bank
the amount that should be found to be due;
nor is there any evidence, in the opinion o.
the Committee, that Mr- Sturgis, the other
member of the firm, has declined paying the
amount that he considered the Bank was en
titled to- The disagreement, as to what is the
proper amount due, seems alone to have pre
sented a settlement o£ this matter with all the
‘ As to what should be the basis of a settle
ment between the parties, whether the inter
est demanded should, or should not be paid, is
not for the Committee to decide. Itisaqu
tion of law, and to be binding on the parties
must ba agreed upon by themselves, or P asse
upon by the Court, who alone have the power
to give force and effect to the same. lhe<- on£
mittee are therefore of opinion that the
firm of Towns, Sturgis & Benning, from tae
foregoing state of facts, cannot be considere
in the light and character of defaulting * '
tornies —that Messrs. Towns & Benning a
i no wisesubjeetto the charge ot having