Newspaper Page Text
-H Irtl 11 rt h Wlißill JI it
OLD SERIES, VOL. LVII.
THE CHRONICLE & SENTINEL
IS PUBLISHED DAILY, TUI-WEEKLY, AND WEEKLY,
BY J. W. & W. S. JONES.
L The Weekly Chronicle & Sentinel
IS PUBLISHED AT
K Three Dollars per annum—or one subscriber two
years, or two subscribers one year for 85.
Tri- Weekly paper, at Five Dollars per annum.
Daily paper, at Ten Dollars per annum.
Cash System.—ln no case will an order for the
paper be attended to, unless accompanied with
the money; and in every instance when the time
for which any subscription may be paid, expires
before the receipt of funds to renew the subscrip
tion, the paper will be discontinued. Depreciated
money received at its value in this city.
eijrenfcw Sentinel.
AUGUSTA.
FRIDAY MORNING, JANUARY 6.
Belief to the States.
We copy from the Baltimore American, the
first of a series of letters from the 1 lon William .
Cost Johnson, a member of Congress from
Maryland, to his ft’iend, CHAimEs tCAanm.t.,up
•- k on the subjeejyaf ajnvpositioii
cottsideratiotf ofC<a>Xf , s« at Its late y ■
Mr. J. to issue S3OO, OtKI.OOO of government stock
based upon lire public lands, to be loaned to the
States in a ratio proportioned to their represen
tation in Congress. This is an important sub
ject, an 4 is daily increasing in magnitude and
interest among the American people; we there
fore commend Dfe letters of Mr. Johnson to the
carelul and dispassionate consideration of read
ers of every' hue anti shade in politics, and ask
them to consider them, not as politicians, but as
American citizens and patriots. The subject '
of the indebtedness of the Stales, affecting as it (
does the national character and honin', is -;,ne of
t absorbing interest to every citizen of the Uuiot).
whether he be the resident of an indebted State,
or of one that does not owe a cent—lot linked to
gether as we are by the federal compact in a '
common sisterhood, whatever affects the honor
and credit of one member of the great family of
States, naturally enough extend in a greater of ■
less degree to all the others. The injustice of
such a state fa’things, ho\veyer apparent it may J
be tothqsy V'iware fautiliarwithourinstitutions,
lh e legalization of opr government, and '
ftoweyer pertinent it might be regarded in the
pimsidteratiou of this important and vitally in- j
teresling question, cannot possibly be portray- 1
edill such colors as to efface from our national 1
escutcheon the dishonor which attaches io it in (
the estimation of all foreign nations. . It there- |
fore becomes a question of immense magnitude '
to every State and citizen of the Union, nothing f
less than the brand of dishonor upon our faith
as a nation. Certainly, then, duty, patriotism,
and all thoseties which bind us to our common (
country, plead trumpet tongued in behalf ofthe i
calm and dispassionate consideration of every '
phy.,h promises to remove tire stain |
oj dishonor. The plan of Mr. Johnson is very e
plausible, and without endorsing it as yet, (for a
i hettei may perchance be discovered,) we invite 1
the calm investigation of the people, with the. •
earnest hope that it may lead eventually ayd at, i
no distant day, to the adoptipp of this or some f
wflich, while it removes the in- <■
c übits of debt from the States, will at the same
time restore and protect the national honor. ti
0.. . r . " p
Acts of the tye^isl:}titre t
, ity Uiy 3d instant con- j
puns skgtchofthe acts of a general I’
Luatpre, passed by the Legislature at its late ses
f ?ion'; apd. as we reghnFsuch a sketch of inv.cli A
VftQjy interest to thy gyt&erai ryadyv than a mere
detail of the caption of all the.acts, including such $
a variety of local legislation, we transfer it to our
4 columns. ®
We have collated from the 189 Acts passed j
at the late session of the General Assembly, the
most important enactments on subjects of general
interest. The following synopsis contains, we ’
thmlq the prmninept prqvisjqi|s gs every pqljljc. j
aiffj important ip jts character or general ip jts op.
fcta(ioh : : . u - • t! ‘ ■' ’’ |
* “ ALTERATIONS of the CONSTITUTION. ]
Change of Venue.—-'The Ist section o| the 3d
arttele iff thtf is altered by tip act pass
el at'two successive sessions, agreeably |<j |hp
il>' < lV! s i i lil s, ll'! l ’ a life ! l'V<WTjt ! !>ya'ddi|ig attynhg
fotWsTsliaTl be tried ip the county where the
"riilie was committed,” the words, “unless the
presiding Judge shall become satisfied that a ti ial
cannot be had in sueh county; in which event the
said presiding Judge shall remove said cause to
some other next adjacent county in the judicial
1 circuit in which such crime was committed.”
■ Reduction, of Ike legislature.— An act waspass-
i ed for an alteration of the 3d a"d ~qi-the
1 mui r U(,ti,vi.oiisumti<m'iM| Af.lit-hlhofSenali*
|i;UeiiiiSistrifTliiipijjl><;;'s,,teju’gstuil.iiigdistiiicts
o.L'omighi '.us, comities - the e.wunfy having
tlie. largest. number of representative popu latten,
lobe entitled tothe odd yenatbr: tind lh<.‘ Iffifiisl,
e>f Representatives Co poirillst-of 'plfiini-mbtys 1
Hi,. :r,'timitics lia- higpff.
pqWfajjoji" jffbee.iitdled ’iq’iwtj, aijittlie.remajjj
lii* &G c.qumies i<i line representative each,
should this pass by tho requisite majority at the
next session, they are directed to pass the necessa
ry act for carrying this reduction into effi’et.
Election of Generals. — Also, tth Hid to change
the 3d section of the 4th article of the constitution,
so as to give the election of Brigad’oreayd ' M aji r
“ , r -a' 'e j ( , a unpeople
(si passage.,)
I rJiii/arsivy’---Alsb 1 au’act loaherthe Istkeclioii
’l’Utc.3d article ofthe< tonstitutivnjsoasfii uia’lfe-
Midorsers,like joint ohljAliis, sqc,ffb|e'iptiu,<am;;
gfmnty‘^'l(||y , lit’ii|l‘l ; V.l'i'S , ‘d|-tty <.i (its first pas
jl’Dll URY.
Justices Courts.— The times ofhulding JuMices
Courts are changed from once a month lo once in
four months—the first to be held in the month of
January, 1843, the other two at such timesasthe
Justices may fix, no term toexceed two days.
Another declaratory act pronounces, (ibr remedy
of conflicting constructions,) that when a de':. r
claim of larger amount than (|3O basbifoi liilji
d<u'i|it.ided'iuUsrtbti t s < 4'S’3u < r less, thy plaintiff'
ffiall be tu judgment bn each separately,
£ud‘.h<k l>e.compelled to consolidate his claims.
Another act. regulating sets-off in said con rt-. di
rects the Jlist ices, in case ofthe defendant’s clairh
Exceedingfhat ot th? tdaiutltf t< ; allby. thl-se.votf'
fasnbw'tg-.r i«te 1 1»Y |awl and to giye judgment
p> llie defefiiia'pt soy the bajance,' it does
!jb(ytcefd. ipufjflejpaj a«d‘inierest, the sum of
IpMf-sit it exceeds that amount, the Justices shall
enter a credit on the claim ofthe defendant, to the
amount ofthe plaintiffs demand—and when the
claim ofthe defendant is an open account, he may
prove it by his own oath, if not exceeding ®3O.
Another act provides, that defendants in execu
tions from Justices Courts may point out anv
property in their possession, cit h.ee la d v
. s ith. at r sor.tag m,’Jm iastatee,lo
hprltcrsMMttvpfcftfr!'-’■ , /'' ‘
r ( ihy 'jje apppffitpd jffti fem,
\ (ip'J'ijdgl’s'oi'.tte Sgperjtir Courts, in any county
X where there is a vacancy at the time for' holding
\ Court—the Sheriff so appointed to hold his office
only during the sitting of court, and the clerk
onilw during the term of the court, and four days
after,' to enter up judgments; and in case‘of a
refusal in any county to elect a sheriff
'or clerk for6o days after a vacancy hapne -s
suitors mayy call in the sheriff o p.'au ad-
1 ■•/ i, t cperimffi,ili«>Muiy required;
I required; iti cases where
I A Sea of usfrry- fiffileii. and notice given, to make
I distoVery of 'the facts on oath, without a bill in
k Equity; and ’jn case of a refusal to do so, the de-
Bk fehdant may Establish the fact of usury by his
own affidavit, to be read as evidence on the trial.
■I The partv,plaintiffordefendant, whosgaffiffir it
, ifii,su'«d. mav'J- cross xamiucd p. rsonaff)
j-MWinkhe witness statfff.
tK':r,r " All 'edj t vcyau'-<s b A sli'jili- I ;vai
'shallbe as fuilamt etlerteal io b:u ot the
.'to'tw.. -I' if<!"■ e v :
the husband himself.
■B'K« .1,- o• <>
/ I, e act of 1811 is which in:.. <• it
to return annually all notes taken by them,
specifyingamounts, time to rim. makers. a,-.
AttarJiments Endorsers are given the same
pr rights in regard to attachments, as securities have
under the act of 1820,
, l i e ~r.«j. .id .a rtTh Jd wction
Sfihe Stt’.ttf 18,1'1 A Ay amended as (It authorize
W'armit.ionillctiopsyippji si,eh security.
sfld"finderhucii terms as their discretion may
dictate; and a second injunction maybe granted
where a previous one has been dismissed for
causes not connected with the merits ot the case,
and the Judge may be satisfied that a second
should issue.
Witnesses' fees. — The certificate of the, presid
ing Judge or Justice, to accounts ot witnesses
under subpoena, is dispensed with, and that ot
the Clerk held sufficient to their validity
RvHaKen' — Jailors are required,
when a runaway slave for whom a reward is of
fered, shall be lodged in jail, to retain said slave
till the tewani is paid or secured; and if he dis
charge the slave without it, he and his securities
are to be liable in an action al common law; pro
vided the individual committing the runaway,
shall give the Jailor written notice ofthe reward
and the person offering it.
penal cone.
Gold Digging, .fv. —Another section isadded
to the sixth division of the Code, which makes
the erecting and using machinery for procuring
gold, silver, or other metal, from the lands of an
other without his permission, a high misdemean
or, punishable with tine or imprisonment in jail,
or both, at the discretion ofthe Court.
Change Bills.— All laws making it ]>enal or
criminal for innocent holders to pass or circulate
them, ate repealed—leaving in force the penal
ties against the makers.
Introduction of slaves. — All laws against their
free introduction into this State, for traffic 01 oth
erwise, are repealed.
The general tax act lor 1843 aMs lirenty-fire
per ceidn/iion the several items of the present lax
law, which was passed in 1840, and appropriates
any surplus from it to the payment of Reid, 11 -
vitig& Co.. Another act exempts all free white
males over 00 years of age from the payment of
poll tax. Another act makes it the duty of re
ceiversefta.x returns to Ibrwaixl to the’Comptrol
lecGeneiart. annually, a separate digest of all
lands lying in-other counties, returned by persons
in their counties respective!)* and, enjoins it up
on the Comptroller to transmit forthwithlo the
CteiM of the svptn ibr Court of each edtiiltjfpm-
r statement 61 allllie fends in said county, given
in byresiifehfeof other cdunties,' w ith the name
and residence of the persons returning them, j
changes or COURTS.
Scndl lE..:.'c/,i Circuit.— The Superior Courts
to be held in the several countie--, as follows:
Randolph—2d Mondays of April and October.
Early,. 4th do do do,
Pooiy, 21 do May and November.
Slimier, 3d do do do
Lee, -Ith do do do
Baker, I; t do June and December.
Decatur, 2J do do do
Stemirl County.— The Superidr Count} are
to be held on the 4th Mondays in April and Oc
tober: and the Inferior Courts on the-lth Mon
days in January and July.
Swinler and Lee. —-The Inferior Courts of
Sumter are lo be held, on the 3d Mondays in
February and August, and of Lee, on the 4th
Mondays of February and August.
Corsyiti. The Inferior Courts to be
held oh the 4th Mondays in Mav and Novem
ber.
APPROPRIATIONS.
The salaries of Hie Governor and the vaiious
officers of state as provided tor by existing laws.
The members ofthe Legislature," ai-1,50 perday,
and $-'5 forevery 20 miles going and returning—
the presiding officer;; st; pfe- day. The Secteta
•y ot Senate and Clerk ofthe House, $-000 per
annum, and soper day,and S 6 perday to the
•other clerk.- ; Inspector of the Penitentiary
Printing fund sjlOjKIO; Contingent fund (flO.lXM);
Military fund 22,(100; Lunatic Asykun ®2,000;
two Clerk.-, to the Secretary of State, Surveyor
General two, Treasurerand Comptroller Gene
ral one each, at jfSOO salary; for the Penitentia
ry jj>3,500, to pay certain'debts, and SO,OOO to
purchase iron; Wilson Lumpkin, Disbuising
Agent, &c., $1,800; and by a separate act, $50,-
000 fill- payment and subsistence of troops <fe.
fending the frontier on the Florida line.
BANK::.
Central Bdnlc.— Tyy-pofthe three Directors of
this Bank ai^dispensed with; it is.-deprived of
the ixiyver li> make new discounts bl any char
acter whatever, or to re-issue any'of its bills,
which are ordered to be bin ned quarterly in the
presence of the Governor; it is reliever! of the.
burthen of any payment whatever for the Statej
except the payment of the bonds issued under the
act of'lß4ofbrthe redeinii’icm of its bills; and
lhe surplus in thep vasmy, after paying the ex
penses ofGoveiument and the interest on the
is appropriated to the redemption of
its notes, for which also the faith and honor of
tlie State are solemnly pledged.
75fc Bank of St. MtnijS is to be removed to
Columbus, where it may ex-yrfesefell the privi
leges conferred by the act,pt' incorporation; and
the unifibpr ofDiiectors is reduced tofive, three
(if whom aid to constitute a quorum.
'f/iq Bank of Ih'irL inSi Uh: is to be removed Uy
Macon,' where it may exercise all, ((:• t-haiipre*i
privileges. (This act oppi'aiys ijs a relief-of
forfeiture <ffy(>aiter fer former susjiensioiis.)
'j';'- -fb.syl ' "f B/uiisvrrrk js tqbe removed to
wlmrefe..iay .kc-alllhepticil«>L-.».
originally conferred; but the capital stock is not
to lie increased bevond it:- present amount of,
$200,990.
Small N.i/cs— The specie payingsolvent Banks
are authorized to issue bills oi the denomination
ofsl, $2, $3, and $4, to an amount not exceed
ing /i r . per emit on their capital stock.
Siispcn leil Berni's — ln the cases of Banks p
gainst which proceedingshave beer, jiistltpieil for
forfeiture ofchartnr. sevei-a! ;i-:w provisions l iiakd
been made i-fv hi-eh v. t- anfiett’a feW bftl’ie most
impbrttinf: Upiin.'reffiliiioff tis a verdict against
five Bank, the Colut shall pioiiqutice the dissolu
tion of the corporation ftjr a|l purposes, except
la collect "apdpay itsdobtsapt! djsppsp of jts pre.
peity. which ty'(fol! e I 1 .) receivers, three of
q-hijtq sh-iil lie appointed by the Governor for
eaih htuii., <-f persons not indebted to the insti
tution. The receivers are first to pay the bill
holders, then the other creditors—retaining for
twelve months from lhe (late oftlieir appoint
ment, sufficient to redeem all the bills. So soon
as a sufficient amount of the assets is collected
to pay all the liabilitiesofthe Bank, the r-- ’d..c <
ofthe assets shall be fe'dh'iifei NWffrll tne t
e l "'' l ' 1 - ''.L:: lAn!!ih.“' l s'd'4'jJulqi9itfe'ei:pro -fiiies L
fellrivers, .alter. till tht l debts are paid,'
shtfil colleat.a'nd dii'itiethcremaitiing assets a- I
Hioiifi the res|»ective stockholders 1 rhfablv.i 11'.;
the assets prove insiiigfifeip fei pj, iqt 1 delfts* thP
reeeiytyk /naif »ifat -fifit a’d:fips(e;i<'lfspa-.k
--!« yterfbi ms Htfabte piopm’iiofl ti'A'did ;»„ <<• the
i-jti’artei' ‘-J the 8.-iqks. # ppiteation of tlie
|tq|d:; fpr Ijjsuse or benefit, subjects the re
i" Penitential y confinement not le-s tljpn
3, nor more than 5 years, 1
• , ItRVnnTEP lands.
I he i ime allowed to take out giants to lauds
«taw' ; n a i| the lotteries, expires on sh“ Ist July
nest —providing tm exeipptiou o' t.a- ns'diaiiit
bv ori>l|tms Ia d . U,:eii 'remaining uogratrfefi
rqierl to Bio Sfateitaiiiiarefobe soldffor the ben
e(it oltfae'fe-astft v j M public outcry it the emtt;(-
hou.-e of the coiUioJ- in wliieh '(’hey 'lfe, lie i 'ren\
faissioifers’to be a ppi jpu-xf py pit Gin erpoy, A;i
apjijieiijjf a(teft!p-.'ppssageof this act, for grants
|et aji) til these lands, shall make affidavit that
lie is the owner, v hose power of attorney he shall
produce; anil judgment creditors, oi the lawful
attorney of judgment creditors, out of the Stale,
may take out grants, upon affidavit that they are
judgment creditors ofthe drawer, and that they
take the giant for the purpose of selling under
tlieir execution.
MILITIA,
lleere's-fri easy.. ol'rumsalor neglect to elect ’•
Ctfeiip < r"Majors,', ili.e Briyarifei! GeueffiL
shall 'fipp> i.tjt bj\|m;yct officers tpyommainl smll
Begiffi'eyis oi-battalions, who shall sei-te 'for 12
moiiths'.oT tmtibsitch officers ati'’et,ect.ed‘ i lin'd
shall have a'll (he authority of ilfiV cVi.’jd Ce
hHielso, \lajo'>
/h<<-10-Vj I'ripi/ar.—Fsyr payment
ayd atibsstcucy of miniated pieii and infant)y
yyhie,hlia\ g been and may be called out ibr the
protection iff die cmmiies on the Florida line,
from Italian depredations, $50,000 are appro
priated. A pay master to examine accounts
and to disburse the amounts is to be appropria
ted by the Governor. The pay, subsistence and
forage is to be the same as that allowed by the
lawsof the United States.
WF.STBHN AND ATT ‘•'.'Tl* HOAII
The uy‘ < ffiy ,ary providing for tliy
ousjr.jiqtivu fff.' Hiis road, and auihoriziiig
ffbiy j(s sputb-yyester|i lerpifaus je i\.-.
pealed " Tjii.-'syctipnrcqinreji i|ui siibsertption,
im t'tw pari w the Stnte, stock in said branches,
on I’l'iiani conditions, and was the authority of
the Governor for his late subscription of S2tX),-
000 to the stock ofthe Monroe Rail Road Com
pany. No additional act was passed for its
completion, nor any act forits susjrension or sale
—the several bills pending for ea-’ .' .<>h;
jects, having failed i . ... rfetjaisj re' ''
■nvlytip','
Thu only act of this character which was
passed, is the one already noticed, relieving
debtors in small sums from nine of the tn-eh-e
Justices Courts in the year—not another ofthe
numerous “relief laws." valuation laws." or
“stray laws," proposed, having passed through
even one branch of the General Assembly
C.ONGRRSSinXU, pl'Zr; I . I S
Th< bill pas,.nd p.i potn branches of rj,e Gen
eral 'A'skeyhb’ty foil this subject, lias been vetoe.l
bv the Governor, as will be seen by fits Mes
sage U) tiro Senate, in ( mothor eoluum.
Recipe for making good Bread.
James Roche, long celebrated in Ballimoie,
as a baker of excellent bread, having retired
from business, lias furnished the Baltimore A
merican with the following recipe for making
good bread, with a request that it should be pub
lished for the information ofthe public.
“ Take an earthen vessel, larger at the top
1 than the bottom, and in it put one pint pt'mW
' warm water, ope and a ba’,l pound ■ f uoyir aud
half a pi. <t 1 f ua.t yepst; niix'i'thFiii well to-.
gethet. altdsti ft" winter it should be
in a warm plaey. uptij it rises and falls again ;
; which will lie in front three to live hours,—it
may be set at night if’wanted in the morning—
then jmt two large spoonfuls of salt into two
quarts of water, and mix it well with the above
rising: then put in about nine pounds of flour
and work your dough well, and set it by until it
becomes light? Then make it out in loave-.
New flour requires one-fourth more salt th: n
old and dry flour. The water also k‘i;,l’:. be
tempered according to the weather: in spring
and tall it should only be milk-warm: in hot
weather, cold, and in winter, watm.
f- Awful Calamity.
e We have been obligingly furnished with the
annexed account, translated from the Rerista of
:s Lisbon, of an overwhelming calamity which has
befallen the beautiful island of Madeira :
f, A most awful calamity has fallen upon the
•d heretofore 'prosperous and even still beautiful
Island of Mndcrui.
Throughout Europe generally the present
d winter was ushered in by frequent gales and
is heavy rains, and the inhabitants of Madeira,
g usually in the enjoyment of the most equable
i- and delicious climate, Lad witnessed with sur
i- prise a continuance of heavy showers from the
I. commencement of October, when, on the 24th the
heavens assumed an appearance Stillmore dis
r mal; the rain fell copiously allthe forenoon; be
c tween 3 and 4 o’clock the light of day became
- suddenly obscured, heavy black clouds hanging
as a compact mass above and around the whole
r island, involving in the darkness of night both
- the land and the ocean, while the glare from re
peated flashes of lightning, with the heavy roll
ing of thunder, and. its re-echoed peals among
e the mountains, rendered (he scene territically
i grand, and seemed id threaten to submerge the
■* devoted island down to the very caverns of lhe
- sea, which, foaming, had for days already been
beating its shores like the proud and toaring lion
1 around an unguarded sheepfold. With there-
- pealed and awful claps of thunder, so heavy a
- mass of waters poured down the gloomy finna
-1 menl above, that no force, no immstry, or hope,
’ could resist it. It was as if a new ocean were
outpouring it.-A)' into lhe sea, aau upou the land,
' Ijx i.K.je man three houis ; wiiimui siackii.e.
■ did tlu> stormy wonder eimtintre.'* Trie kjuifigs
1 became brooks’ tlie ears streams, and they as
large rivers, while the valleys turned intomuddy
lakes; cries of distress snrieliipgin vainfor help,
from opposite points and various distances,
pierced the ear even overtopping the tioi.se, like
rumbling thunder, of rolling,rocks dashing a
gainst each other in their tlie tor
rents. An unusual tremor ofthe earth was .felt
under the feet;, even the sense of smelling here
contributed also to paip the imagination for the
vapor aiisingfi-om the troubled waters and tom
and fretted earth impregnated the air with a
cadaverous fetidness; which increased theteiTor
oi man and beast. This awful dispensation, if
equal in loss of lives todhat which Occured in the
«ame island on the distressing flth of Oet’r. 1803,
is painfully greater in the loss of property—which
is valued at over $2.500,090, riot including irre
parable losses; and the destruction of life, by last
dates, was ascertained to exceed fifty souls.
The water-fall of St. Duzia, though not over
flow ing its banks below, came rushing with such
fury as to carry pti'imrdense logs, capped with
masomy, which were placed at various distances
to slay its force. That of Calhao rushed" forth.
1 earn ing away the bridges, overflowing the
neighboring lands and sundry streets, the water
■ rising to the second floor of the houses, and
carried off headlong into the ocean the newmm
let, part ofthe- Academic Sipytre, and the very ■
banks and its outlet. To complete the calamity
of this district, the Nora, brook, which at all sei-
i sons is nearly dry, became swollen, overflowed,
damaging all that obstructed its course; many
houses were swept away from this quarter, oth
ers were ruined; much stored wine was lost;
horticultural gardens and others laid waste, with
out a tree left, a wall standing, and, in lieu of
’ soil, theeartfi covered with stone and pebbles.
I The iiifiafeiants were in imminent danger, say
‘ ijtg themselves in boats where before they walk
ed; and, had the inundation continued an hour
longer, few pet sons cold have escaped, and no
houses been left standing.
• In the western part of tlie city, the small stream
Reibeiriliho broke forth into three swollen branch
es, invading the quarter Portos-siaras, lhe streets
-of Belli irnJw, iMraujeiro, the lane Malta, down '
; to.tfiq Poloiirin/io square. Here also the djtm-
'■ age was great, and the scenes which occurred in
■ the eastern part would have iu this been enacted
' had it not been that an outlet was found to the
1 waters by the walls of fort Philip giving way;
notwithstanding wbioK the waters rose twelve
feet, and writfi difficulty the archives of the Ad
. mip.istrjtion ofthe District were saved. The ,
pauseway of SI. Clara, which from its iflevatiott ,
was thought lo be one ofthe securest points, and
which the deluge of 1893 bad respected, from lhe
fallen and swollen waters above, precipitating
themselves from bank to, bank this time with its
paverpeife torn np 4 became the bed of a furious
stream, excavating along its course the founda
tions of all buildings in its way, even that of the
, church of St. Peter. This was not all; streams
from'other quarters increased this already swoll
en one, and with it the devastation dow n to the
new - street of St. Peter, breaking in -dours, and
of wine ami oilier »»erchnn.
dizertirfding an outlet near to the Cranrlsran gar
den, sweeping away tlie sheds, overturning walls
around down to St. John's market,. inundating
the houses on the south side.
Although the watersfrom St. latzin and®.
JoAndid littfe damage in the citv, they sxyept 94?
into the iiceap wirglmitys, haystacks.ifhole plaft
tilHons of ciui.es, aad’othyr royal wrecks.
Inffedd, ii was in the coymtrv, tlie interior villages
afid other patt.s’oftiw Island ala distance from
tlie cjty, where the greater force of the devasta
ting flood was tjiftspy fejt, Il is yet too early
to jeprij tfie. w'ftffte extent of lhe disasters, blit
whai is known of them is most horific. Tlie
1 skirts of tlie bity-of f'ltvchal, the parishes of Cv
ttuichu anti Caiiico, have undergone misfortunes
never before experienced. In tlie town and dis
tricts of SI. Cruz, Mitdiico, as far as St. Antonio
•iie Serra, lhe calamity was not confined to vine
yards, lands, houses and roads, but many Uw-J
were lost. From them come i-ejißfltyft '-a-ife: tfe
provisions to succiu- the, ext it ui'.iiii.fe?iyW'huii
dred.y -,,i’ iul'abiia.J.-, »Infei-'vbi'}-'las’: :;bi>t' <!)'
• ''atas hhil’Beeii tmii tip by- the wind full! i-ai:t(ed
j; oft : liytili.“th)i>dt‘thfevi i ?fe/«</'i' l C''r«:
i seashoretii the Very pigpapte s-i’ ffiy qifiuptaifts
Was as j varlleii fosUis \ip.al|ti,i'iu a, tpytyf hour:
' llip! :.:yu.siAep'aclslyil b’ff/jf U-.p.ffijrtiby beau-
I ttfiffyc^ty.s,;„iei-r: numberless culti
y-iityfl jmt vineyards are laid waste. From
ihe parishes of St. George‘Anas St. !'»«£»’, Pvn
ta Delgadit Porto AZcitit, niu’t others, down to
to that of Cidhrlo, no certain account had yet-been
ivcfeiVod of the Tuiootned loss ofpublic and pri'
j V;U» property. Tiie town of Ciil/uiln mvl'V
disappeared, and great v-’v; de .astdtibil- itr
(lie ptirisb ;U..»a.iie atii.'.- ‘ lit that-i’f.'lZYtrffre
feior tire <fe-sikieti:>,i ! Wasei-un-plete, and great tjii-'
h ssoi liVes - In' t'iidh-.s the trees
■hrCiutoffi (-veil the fat-flimQjl il?Aleq<ii.i«i'i,f Cliy, '
mu. v'isi(!-<l liv'ti.'tyety-.g, mill -yfi’i.Ji .ji,ad i.-j', ii.-
Vfasj Iv.-ap.'.wfe - Cqii'. ited ?. jfeyotls party
: a<o.u,ud’.tui l '.ba»iq9e<i;}t'i;ibfe. Die towns ot Ta
bpii, ifibeira B.Ji-u, and Serra d’Agiiu have to
deplore immense havoc: from thence to Gfta<«'<r
de le’losxl increased in extent and loss—the other
parisites,(a round and down lo I’li uchol, have not
suffered less, bi a wont from alldireetions and
and at every hour multitudes of terrified country
people, with their wives and children, werefl-'c’ r
ing into thecity for succor amt iiiutueriou. ‘Tile
surface ofthe island >•: har'ity recognizable; tlie
roads are r-.fiuvd: oivliardsdint vineyards.devas 2 -
lav' i.couiiti'y&vvedlingis laid tow;’houses :,wept
a iiay, others in ruins, anti iriafiy damayjdd. It is
1 reckoned that foore'thaii two Inin.ijyd glfo in ffifti
condition ’ 1 '
Suidiistbetlyaeripjhiy rye, ff'om W- 4'?'-
b<\. Jpl'llHis mpst ay,t'ul cmias |
ffopne. "confirmed by private, letters, A ini yet
ttijsjs lint all! (filthy Jtitffitwomiys atlerwards 1
aiijrious sipymasyailed the shipping in the roads <
vis which, as yet, we have no particularaccouut. j
Tits’ A*.says—“The shipwrecks, with which
the sea on tbeJtilh endeavored to vie with the
disasters onshore, aflerthe description of these,
would insufferably increase the anguish .4 the I
narrator and his readers.
The above account is taken from ih - 'j auonal. ';
Intelligencer of this m. roiirg,. says:
The the great flood iu 1
i iajietig.'i teiivifig rnauv of its inb.abittmts help
' (fis's ayd miserable., is ’ vaicplated tu arouse our
syjijpalliv. ayd appeals Strongly toourhumanity
ajjdiieiiev(,deiice. The appeal some few years
aipuhy the then starving islanders of the Cape de
de Verds was nobly and humanely responded to
in the United States. We were foremost on th
spot with abundance of.stores of every descrip
tion, and had the satisfaction tp fefxitVi? lamiflv
ed and clothe the naked w'.o m.;st tjrawidljy ac
knowleftv-d u. <i n’mess. Thy preseut occasion
’i s ..w.fouMs'tmf less distressing nor less ur
ffcAt.''
A committee of highly respectable and char
itable citizens, has, we are informed, been organ
ized in the city of Lisbon, which is charged to
receive and distribute to the most needy ofthe
victims ofthis disaster the amount of subscrip
tions which are raising in Europe towards their :
rel ief. ' • ,'
Ff.l'tln. Ivtl'ima.i.) i 11 such ot the ■
U-iicd 'Syiies a<imiy 1/I.' disposed to contribute
t ti.i-HKisWue.viug me distress of a people with
whom we are closely' cojr,reeled by commerce
and friendship, we state, as wt-have just learned,
that the ditl'erent Consulates ot Portugal in this
country are authorized to receive contributions,
and to account therefor, with the names ot the
contributors, to their superior in this country, to
be sent to the above mentioned general commit
tee, to whom provisions, clothing' or any other
donations can be forwarded direct, at the option ,
ofthe charitable donor, to the civil Go'.wr ipr ot
the island for distribution m ' '
' The Vloafle ffeaistcr '(27th Dec.) says—“ The
yojhnnfrlff wAu. WV'l'Jappointed |d proceed to New
' (Gleans, iqr tfie purpose of inviting the Hon.
lii'tny Clay to visit this city, n turned yesterday
morning in the steamboat Monmouth. We learn
that Mr. Clav has consented, with the understan
din.' that he is to be received only in the character
of a piivate citizen. He remains some weeksfin
N. \v Or’eans. and will not be able to visit Mobile
before the latter pari of next month."
Melancholy Affray. —On Mom, evening
las:. Samuel Tomkins. U' A .. Al o Aiexiihder Nix
on. whilst ’’-s . ,e reliir'v.fng to their respec
t v. v ..m."s ftbfo ibis village, unfortunately had
t some bit: lence, which resulted in the death of
1 Mr. Tomkins, bv Nixon shooting him in the left
temple, with a ball from a pistol. Nixon has fled.
1 — Edgefield Adeertlser.
’ AUGUSTA, GA. THURSDAY MORNWIJANUARY 12, 1843.
SATURDAY MORNING, JANUARY 7.
- Mr. Calhoun in Georgia.
■ We are frequently amused at the anxiety of
the Calhoun organs to make the impression that
Mr. C. will, if nominated for the Presidency,
certainly get the vote of Georgia. It is not long
since, that some North Carolina itinerant letter
writer, enlightened the people upon lhe subject
of Gov. Troup’s partiality for Mr. Calhoun,
which doubtless approached as near the truth as
the following story, which we find copied into
the Columbia “South Carolinian.” Let them
nominate Mr. Calhoun, or any other Locofoco,
and Georgia will speak in favor of “Harry of
the West,” in a voice wliieh, compared with
her vote in 18-10, will be as the shrill notes of the
fiunter’s horn to the child's whistle. The story
‘that William C. Dawson entertains any such
opinions as is here ascribed to him, wc venture
to assert is mere twaddle.’’ s
“A gentleman who recently traVtlled with the
Hon. tl'ittiam C. Daipen, the great lender of
Gcotgia whiggery, i tales that in :t conversation
on the subject, Mr. Dmrmm expressed the confi
dent opinion, that if Mr. Clay nnd Mr. Calhoun
were the opposing candidates in ’44, the vote of
the State would certainly be given to Mr. Cal
houn; but if Mr. Van Buren should run against
Clay, the latter w ould easily get the vote of the
State. These signs should not be without their
influence upon the choice of the Democratic Dai
ly. nt <i caiuiklairt tor Pxe^deuCl—AfeWcilmwf
Jeffersonian.
“A 3 orm i disoninn.
The Petersburg Va. Intelligencer of a recent
date says:*-“Mr. Tyler'sman John Jones’ ” man
paid a visit to these parts thetother day to pro
cure subscriptions for that luminous sheet the
Madisonian.
In a certain place-hot a Immired miles from
Petersburg and not a rAoi'seoto mites from the
spot at which the Appomattox joins the James
River, this “private and confident agent” of John
Jones,' gave Certain functionaries’ofthe Govern
ment to understand that if they did not contribute
to the support ofthe MaffiSonian by subscribing
to it, they would next Spring find out that the
“ Government had no further Use for their ser
vices.”
This, we take if, is the “storm” which Jones
says is “brewing.”,
From Madeira.
The New York Tribunes says:—“The ship
Mexican brings ffarther intelligence eoncerning
.the late gale at Madeira, which proved so fear
fully destructive., The number of lives lost is
eyrnputed to hgve been at least rirrv, while
more than two and a half millions of property
were destroyed. The whole island is almost
made desolate by this awful \ isitation. Bridges
have been swept away, orchards- ’destroyed,
housestuined, streets spoiled, andgtcat numbers
of the inhabitants deprived alike of homes and
food. At sea feho days after the most violent
storm, a gale destroyed a great number of ves
sels. Among them were the British brig Dart,
the brig Creole of Richmond, and the schooner ,
Wave. A Sardinian brig went ilown with
tioelce men on board. This terrible calamity is
almo.- tas dreadful as was that which visited the
saute island in 1803, though the number of lives
tost is somewhat less'.’ 5
Who is lite Gentleman S
“By the appellation a gentleman, it is not
meant to draw- a line that would be invidious
betxvcen high and low, rank and subordination,
riches and poverty. The distinction is in the 1
mind. Whoever is- open, loyal and true; xvho
ever is of humane and affable demeanor; who
ever is honorable inhim-elfand in hisjucigment
of others, and tequires no law but his word to ,
make him fulfil an engagement —such a man is ;
a gentleman," and such a man may be as'often
found the tenant of thc-humble cottage ofthe 1
pcn-'-anr.-iTr rbe wyksfeup .phshe
luxuriatingin 1 11 epalacesm'tfe’^wlcid. How t
idle and foolish, thyq A llig uminetions and ex
clusiveyess which >he\M]t],y < o frequently at- ,
to establish in society
The New York Tribune saj\...i; j s now the 1
common talk in Wall street, thatXe defalcation
of Mr. Nicoll of the New York Lifefend Trust
Company, already discovered, is nearly SIOO,-
000. llow rnu.-h, ifany, the estate.-- for which
he was trustee, have Suffered, it is impossible
yet to know.
Coiigregwy
The proceeflitys otj’l’uesday raay fee-summed
Ul,> w. feyv wefefe. Ip both Ho.uses, the molting
feiur, Ayas coii.- timed >u the reception of petitiow-,
the. majo;- part yf which rvtauxtto the Bankrupt
LaW, of resolutions on va
; thfe v-iuhjwts, not howyver of general interest
alttW which the Senate was engaged during the
silting in perfecting the bill of Mr. Linn, for
taking possession of the Oregon Territory, ;tn;l
lhe House resumed the consideration, i»f the bill,
to repeal the Bankrupt Oil . V.hk'h it was
engaged till I)-..; koui’ ‘otj adjournment, without
to aiiy question.
I; Dublin
V. l '7-A u, -'?’K ai A t'C-prim of the December num
’ key yy (hD valuable magazine. The present
number contains the conclusion of -./.kJ Hit:-
to‘n,tlc Guardsman," besides several other arti
cles of merit. Copies of Mason’s reprints may |
be obtained at the Literary Depot.
The Columbia (S. C ' C’vp’sh'y <;f t.qeMl
states that two, >«g)it shocks of’an earthquake
■y r .t<:. felt in that iow'ti'the night previous.
yj Blackwood iiays that Dtckeu-j’ bop4> ya
Anlei ica, is a very flimsy pej;y)yAi,acA a»d its
author sfaotjjd written no account at
yisit |o America of a vastly different
o#e-. .
Ut , J ohnson when in the fulness of years and
knowledge, said, “I never take up a newspaper
without finding something 1 should have deem
ed a loss not to hai e seen; never without deriving
from it instruction and amusement.”
Trith Ei.rganti.y Evyv, - A (jJW.tYnipo
rary truly savMyqy, maijicay prosper in these
I, e- witljout adveltuiug. I tus jsatl auvrnls
il<r age, it is an advertising country, and nothing
can be done without m/wrttsing.
The Bankrupt Law.
The Richmond Whig, alluding to
now making in Congress tcijoppaltbi.slpyy, Ijolfe
the following juff t#;! p.wtii)ffi)t language, in
wh.ifh ws fuu.v. epffeiir.' Alfto we sfroukl be
aleased to see die act undergo some modification
dull so amended as to include corporations, we
should be unwilling to see it repealed.
The Bankrupt law has escaped the summary
fate which menaced it, and its repeal is more
questionable than it-was. MemorM ofo-‘
testing against its repeal are p niritp* into
Congress most extpnff. ejy : gued ivhile the petT
tioners agaipsi i. are ifiitch’ fetyef in niiufljer
T'a . a .sumption"tha’t the public' demanded its
.repeal, appeufod'be gratuitous at least, fri fact
■; it is’difficult, if not impracticaffte in a ease ofthe
kind, where public sentiment cannot be tested at
the Tolls, to tell what that public sentiment is;
and partisans represent it variously, according
to their bias. —One postulate may be assumed
without the fear of its correctness being chal
lenged that instability in legislation, is a
a positive and grievous evil. It was better 10 bv
condemned to live under bad laws, frjan updo;- ;
bad laws perpetually shifting .v'i’.h, ei’foy’
breeze,as this or that party ur'this oj lliat pasty
leader awjttnid ''asyepdaw
Mu.ii h’asbeMchargedirpbp tfejsWhigCon-
| greskAby' its political ibys—all indeed, that was
'vile arid uitprinciptodl but nothing has been
charged, mueh less proved, that would justly
derogate so much from its reputationfor wisdom,
as to repeal its own measures before time had
tested their merits or the want of it.
We should be sorry to see a Congress wfet Ji
has deserved so nobly, incur therypyoa..!». yyliiffii
must ensue, either ot rash and : . . oyaut legisla
tion in the iirst place orol inconstan
cy or Irish’ i- visy * We are no friends of
the Baumupi'law. but we are still more hostile
, ho unstalble legisation, which is demonstrato?
; * ftiOre pernicious than any bad law.
i When persons are mru prosperous, anocca-
I sional needless expenditure of ten or twenty
, pounds may not signify: but the prirciple of
careless money spending is hard to curb, and of-,
ten leads to much misery.
/
—u ui-..-#
Mr. Barnard stated in a speed
that in the United States 90JowW every
199 who buy and sell become laitlti'fpts ; in
England 35 out every 100. lii'tlu-.limited
States the creditors received an atfagh fe'qibout
8 percent, from the estateol insoMjhyinEng
land t ln y receive 56 per cent. |
She who makes .her husband
happy, says Goldsmith, who rel(ai^ttJft t -Y one
from i icci.nd train up lhe otlrf ■teib'tie..is a '
mucl: greater character fhau la I- in
romances, whose onlv occupatl u'Mnha-Ur.ter
mankind Avith-halls from the their
eye. '
Il is stated that there area iiglit 1
Sovereigns in the country, been
shippe.i heie from England, a’s. profit.
A great day':> work. —A k'aaMfcrecenily
matried a wife, ate live punqjii 'j-feked a.
negro.'told a lie, went to ebb :-' and lore his
dowsers, all in oneday. 'i'baßofeoli.T’ost said
that.
Abui.iti-in. -The Boston pfes hi the 30th
..s Tn- ;„■! ~ tlle-l a Vied
ance Committee ofthe
have published a ,1J "
relation lo *-fev&.
state That they hav
and fifty runaway i:
navigation lastsprii, •
159 were-men, and 150 women, sid 50 children.
Most of them came from Virgiffa; Maryland,
and the District ofColumbia, tmineailyorquite
a hum;red from Washin ton atji Georgetown.
These fugitives have gone chieiy to Canada,
and.the sum of SSOO hasbeen exji-niled for their
board, passage, aUsf.otlierexpense.
The Chatleston M-er.-ury—JVir. Calhoun’s
special organ,—is silent, editorial!', oil the ap
pointment of Judge Huger to the Jnited States.
Senate by the South Carolina Lejislature; tut
it publishes a letterfrom Columbi: correspond
ent, which speaks tints of tlie Judge
, “The friends of Judge Huger "ill be.dis- l,t ;
pointed in him. He will make no Igiite iu “
United States Semite. His election will we k"
rn Mr. Calhoun, and render no manner of service
to the Stole, which has twenty abl-r men, even
among the Old Union party itself.’
The Columbia, S. C. Chrenic'e has, among
Others, the following comments -in the succes
sors ofMessnv. Preston and Calftmn.
“Wo have now two broken dovn bld men in
the United States Senate to supfiy the places of
of Messrs. Preston and Calhoun. What a falling
offis there, my countrymen! Ns other State in
the Union was as ably igpreyentM in that body as
South Carolina, in point ofeluqjemx- and intel-,
lect. Now the wreck of a gfeiu nan fills the scat
of the one, and a c-yplmr that of II;-other. What
a position w ill Air. McDuffie? b,- placed in! He
returns to Washington to rear lU latn'els from l;is
own brows; to with |»lsit<d hand and
feeble aim, the name, which, mills' .palmy days,
he had written for hiinsi if in tin annals of logis
lalion, to fight against hiHtselfaid against every
principle (with the exception the Tariff) to
.which he is indebted for life regulation; and, to
batter down every monument oihis former great
ness!” . j, ' ,
Cron, the Bitinnond
Stupidity of Tyleifom.
A “Senate Chamber” corespondent of the
Madisonian says: I
“ The Republican party can tot carry the next
Presidential election without Ilf. Tyler’s aid.—
That is certain. 11 is also certdn that the ultras
of the Democratic jiat ty w-ill go aver to the enemy
rather thiin support Mr. Tyler, after abusing him
so outrageously. Tie questionJhen arises wheth
er it w ill not be fejter to let ‘(the'Globe and Mr-
Benton” go overt® the enemy, and supply thtir
places witti the “original Jackson men,” who vo
ted for Harrison and Tyler in 1640, and who voted
with us and gave us the victory last fall '! lam
quite sure that me streigth w’c wifi lose by the
desertion of “lhe Gioia and Mr. Benton” will
lie compensated a hunditd fold by tliat wliieh Mr.
Tyler will bting us,
“As to principles andnieastires, President Ty
ler is qiiile as lively to silt a majority of the Peo
‘d'.-.hi ‘-'-‘v ' ' '
- '''Mr - "
Tyler may carry DOTI ® .Sou:li and the North.
Besides, Air. Tyler kill'fiafry the few hundred
thousand Whigs will hiiu, who consider a Na
tional Bank an ‘obsdete idea."’
The idea that Tver’s aid is indispensable to
the success of Lociijcoism, and that “he may
carry both the Soathjmd the North” is inexpres
sibly ludicrous. It seems impossible, for the in
sects who bask in tft sunsfewq of Executive fa
vor, to realise the li ( :efesspe--s of his case -, or
rather we conjeciiiri he himself refuses to be
lieve it, anil ttiey pelbjm'but the duty of cour
j-ers iu flattering his fel delusion. Mr. Henry
i .V Wise, too, has penitted Itimself to indulge
m. the same strain ot tKilerV, by appropriating,
o,r mattil'estittga stroi; inclination to appropri
ate the late triumphs < Locofocoism to tlie con
queiitig arm of Join Tyler.---The Globe takes
the matter up, and in very lbw words, contain
ing more thought that Mr. AVise ever carried iyt ,
his head, finally settle the riiiculoiis prebqoiycp ,
Pram ’he Glibe,
“The principal chi oj' most dfe
tiiquishuble sex, di<, t)ie deco'nd',' who htwl
elaiMcd lo be o'.’ botj ’impels, succeeded t iut,d. !
alter tittamtog the Gceriitnml afofeuAly, pro-
bu’iMelf, throiiih hip inmy-jiptc pels,mal
fllends, th be of tlie ilfoer ienfler to, b-j of no
party, .fed', ill (tfip S.tbj Qi llij-.igi fao two great
parties gtjfetee (fei rest their strength
Vfo'X'tfe’ coinin',- and, al the ballot-box
: j W,c ipsue Ip det-idi <m favoi of the Deinoemey.
! Slab: ofthinu, the’’constitiilivmil fact”
i Sh p" down fro n ills plleßtal, and claims for him
seli lhe eonqumts w.ij by a tontliet in wliieh he
had not th? slighte ,t unicipaiion. His schemes
of Government • his nbngn-l bank —his half
disii'foiitlon— his exclbquei projects— wet. uoiie
ot them even discuss,-! asninountv,”, tlie dig
nity, of apolitical que'ition '.■’Ueh'less a lest of
parties, in lhe greatfeiyA woutjlif up by them
for the public juifoiiiert- teilhbr Mr. Tyler, nor
his piimfejc.-j voi- hii'-meajn'es, nor his pretiHV
| :.’o” - < liiAo-'d afitll itio thahoughts of the peo
ipte And yet, no sobtier iihe b:\lfte fought and
Ahn, tiidii ha life'tly- fox so the fable,
and i-laims both I tv- qd the tiger’s share.'
' The t’wo yiaat parties of p- country, .-.re alike
and equally to IV. Tyler-'-they both
vjbyy flipit tisau “accideiil,"ho has tor a mo
i ixwut retarded the- march of cents, nothing more.
A-» he has done nothing uit-scivc the favor ol
either, hut every thing to tiril their contempt,
so itjm.iy stately lie averred dit her«« donothiug
to reconcile either. Were . possible for him to
act wisely and well, and disilerestedly, he wu<iA l :
probably , after his bad cotfttct, receive by? life ■
tie praise or confidence. lit wui.t 1 ,-' w/X'be re
garded as t doing right frrj-, bpfli ty>ii\e.-—-as
wrong by system, ai.iilr(gj..i,-.;'“aceifev.t '' As
Liars i re coh<i,-je h.,1 to. tpbi.-1-ief, tiiOigh they
speak iv so Tiaftijf are righttufq dooin
w,i j artatimi and mliappiness if being
ij dfeujfote.i a fid ctmiemned,though peradvAwure
I -Ase-y mean not then to betriy. There are s lne
crimes which mankind ae required, bv
on n safety and good, nerci to forgive— aitsj e<\ ;
.■fl.-xioils among these is-wr.ACUtmv y, tpak
safely be averred that themsMyv of i|,e.w;orld af
fords no instance in eiscerteuned traitor 1
has ru nichiilg thy. confidence of
his fellMW-iuy’i. Tljfe ixstmet of atfr-preserva
fimi's t(. to,admit of fl
, j liturida.
The Say«M»ah Gewgian says:—We are in-
i debfed lea friend forthefollowing extract of a
letter received in thisfitvdated Piiatka, Dec.Sfsu
1812:
All the Indians off of designated are.
now under control, atcept vyariiors, sup
posed to be about 'jay;. The Apa
lachicola for emigration
bv the. vJitir.s aqp tsirgeiic inanajgetnent of Lt.
> (Miy ‘XljtdMt-'bdj:.'”-
; Rr.pt,'CTio.N.-s-Shiald the proposed amend
ment of the coustibtion for reduction ofthe/
Gywal Assembly, loticed in another article,
be carried out bvtheiiext Legislature, Chatfiam
is the county which,from its having the ttirswst I
icpresentative
tute a Senatorial diaict of itself.
The following 37 cunties wil\b“4uiltled from
their representative b'.two. icnresen-
tativeseaeh. viz; <.:lvTjab,M.''dl. Talbot 12.914;
Troup 12,‘M'L MoiAj?. itbSi; Meriwether 11.-
9<iß; Uarri; d. 352 Stewart 11.027: Henry
111422' M wto'u'i6'.3V.SwininU 9,902: Musco
gee '9;796y Am kt: Ric 'b-
; mbnd 9.418; Cuweta.flJy Washing-mN 1 ’ '
lip 9,032; Greene'#Jr 8,035; Ca«. i
Walton 8.758; J-%8.381;
Clarke 8,553: Celiyfif,. Warrev r.fikb Upson
Pike 8,113; Bffffifi. Hcnwa. Ari l ; Putnam
7,858; Jones Z- 4 539: Jackson
7.650;
7,509; unties'to .me each Souticm
remaiwff"^' s
extrnotdim'T appearance as
j -3T'?/. ?,wonle ofVi*:ennes, Indiana, op
t , >r s..iv nc i 0]) ll)t it is thus descvSed
Ajr evening oi uk *•
K the Vincennes Gazette
. • , fr. r ihe lisingH two lumi-
‘■ Sh ''" M\nee« riniilai' k-’un -mt's, were ob
nous OPP‘‘ a ail tn n feiv minutes at-
’' ll f n r . of ‘a Xss. shilar to that of a Greek
ter, the sb-ap' anij oafh , scen exten uj n g
cross, was left, mafcjng the
from t.-.c wp, co jj Due( j about half an
moon .. pat j lP i bad tAunusually cold, and
to the & al
Relief to the States.
letter i.
From the Hon. Wm. Cost Johnson to Colonel
Charles Carroll, of Maryland.
Hall or Repiiesentatives, i
Washington, Dec. 21, 1842. )
Dear Sir:—l embrace the earliest opportuni
ty amidst my many engagements and duties to
acknowledge the receipt of your last obliging
letter, and to write you in reply sonfewhat at
length. ,
1 am much gratified to learn with what favor
the proposition which 1 submitted to Con
jjress at the last session is received by the farm
*ers of all parties in your region of the State. I
am pleased to learn that they regard it in refer
ence to its bearings upon themselves, and the
welfare and honor of the country. In my
speeches, in my letters, and in all of my con
versations, I have, from the cominencexicnt of
the subject to this moment, urged it as a great
and vital measure, above all mere party, local
or personal considerations; and in that light 1
shall continue lo urge it. When I submitted it
teX’ongress at the last session, I used the follow
ing language, as repotted in the Intelligencer at
the time:
“I teqaid it (the measure of Relief tn the
Klatei ,) as high above and beyond, as broader
and deepet than either of the great parties sos
tB day. J-statted it as no party question, and
wished it advocated as no party question; for it
was a question as broad as the Union, as deep
mduung interest of.the people, and as
qus as tire hjfabr of ihe States.”
Ji* 1 ' 1 -'* 1 1,111 a siiypru-
and u ho,
. mfotin"lWfth tm<jtisl*ii<-.i • Xiwßßgjj
lion of IState debts, and an issue of paper cu?-’
reney by the Government for general circulation
—mid thus, from false positions, reason to con
clusion, or rather leap to a hasty conclusion a
gamst it.
1 have proposed no measure of assumption.
1 have proposed no issue ol' a paper circulation.
He who borrows bank paper has to pay interest
for ii - use, whilst it yields him no profit but in
the purposs for which he may apply it. I pro
pose au issue and distiiburioii of Stock which
will secure at once the purposes of gold and sil
ver to the Stales in discharge of theirdebts, and
which will yield, without use orcirculaiiou, an
interest to the holder, and thereliH e will retain as
. fixed and sound in value as gold and silver.
To make its value firm, I propose to pledge
the faith and.revenues of the Governmeutgen
eially, and the public lands specifically, for the
payment of interest, and the ultimate redemp
tion of the stock.
I have proposed that a portion of the bonds
shall be denominations from a thousand dollars
down to one .hundred —not that they shall he
made a eireulaling cuneney, but that those who
now lock up gold and silver in limited amounts,
may tinditfo their interest to purchase a Gov
ernment bond, and thus unlock hoarded gold
and silver, and lock up in its stead a bond that
will have as fixed a value as gold and silver, and
will yield the jiossessor interest every six months
—tliat guardians and trustees may have it in
their power,to ip vest.funds in a stock which will
run foryears, and neverdepreciale in value, and
will secure to widows and orphans a fixed rev
enue from stable stocks. And in the bill which I
submitted at the last session, mid which is on
the journal of the llilh of August, is the 10l-
L»„;,>.r.. ■ctjoii:
“3ec. 33. That for the more convenient pay
ment of interest, and In secure and makeutii-
Ibrm the trimmer and mode of transfer or ex
change of said stocks, Congress may at any
tinje, designate or establish agencies or coui
missioners in various parts of tne Union, forttie
convenience mid security of the Stockhoklers
and the Government.”
Although I am *io candidate for popular fa
vor of anykind,, and although I am convinced
that my opinions on. .«</<:-questions can neither
advance Jim- retard a question which has its
strength alone in its oirn intrinsic ‘merits, vet th
disarm even that casuistry which makes it a
business if not a duty to oppose every thing that
is good, and that offers relief to a suffering peo
ple, upon the ground of tender scruples, and
which has widely misconceived my views
upon currency as it has the character of the
measure of relief to the States which I have
proposed, 1 will, in a few words, give my views
on this collateral, if not wholly extraneous sub
ject:
1 am, and ever have been in favor ot a mixed
currency of metal and convertible paper. But
that no institution shall, under auv circumstan
ces, issue a note lor circulation tliat it cannot
redeem upon presentation with gold and silver.
*ft slioufirartfie'instaut -
cept to pay and receive its debts.
1 am opposed to the Government issuing or
autlwrisipg the issue of a paper currency for
ciretil,alton which could not be always converted
PAto. specie, and hence 1 have never voted lor tlie
issue even of Treasury Notes during tlie exist
ence in part of the tour Administrations lhal i 1
have been in Congress, because it was an iu<x>n
vertibte paper of circulation.
I only propose tliat the Government sfiallgive
evidences of debt in the form of certificates or
bonds, which will secure lhe hosier the punctu
al payment of interest, and tA*< llpal- liquidation
of the piineiple.
1 iie iiiffueni-e of })«-.ti|easiire upon llieeurren
cy would be (yr-xmlaueous and salutary, by re
storing co,yfflem-e- As a measure of lihance'it
is imii.jx-usable for the well being raid prosper ity
hhtion.
The drain of specie or specie funds now a
rnounts to about $12,999,009 lo pay interest a
broad. Thus there is a perpetual aimual draiu
<d.‘ about one-fifth of the entire specie ofthe *a
tion, Anu whether it is sent from Mary-iand,
Pennsylvania or Louisiana, the effete is l ffl) ip
Maine, Missouri and Georgia; I<a’ it. matters
not at which extreme, or at he.w infmy points
lhe vital flu-id is drawn, eyery part of the
body politic becomes au, equal degree ex
hausted. But by the State debts,
wliieh will aYei'.'-si' six per cent interest, into
Government sipek's al tour per cent, interest,
payable die Treasury, the bunds would at
once-, fe.--.sent to this country to lie exchanged on
books ofthe National Treasury for Govern
ment bonds of diminished interest, and also that
the holders could receive the interest made pay
able at the Treasury. This exchange of State
to four per cent Government bonds would oper
ate a saving of specie to lhe tuition of $4,000,900, :
and if a three per cent stock could be ’
■it would effect « sol ing if $9,000,000 to thi ta
tion, in Uiuiiiiis/icil interest: and evert th#- six
millions which would be paid in intcy,*i to the
Government bond lioldet s, woulii \t>sent abroad
in specie or specie funds, as SHIg>JKfo.<XII) are, or
shoukf 6e sent now, but wy nltl’ be exchanged for
the production iifuHt'vA'4 country, and so th:
entire drain if lirif,.-r,trillions (f specie irmild be
arrested by a siNgif.-. solitary measure of national,
policy, as yiqfe- as it would be eificacious.
Th-; , be- who is is in favor of relieving shy
people' from direct taxation, will suppw the
■ lifeasure —as will he who is for relaiiii’w.; Hie cap-
■ ilal ofthe gold and silver in the coitwry, instead
of sending it abroad, for no ineasare less com
prehensive. and enlightened, effect these two
great ana all importiift And any expe-
dient short of it, will, jpfefaii-ie, without relieving
the distresses u( petiple. Tlie evils whi--.A
now afflict ri&jwcipte, the Slates, and the Nat ton,
wii) n»:«fefedl(v increase until such policy, as I
ps-opqpvr.s&lll be adopted. ,
, ‘ 4’he anxiimt of interest tbps saved t}v,ihe. ffa
[' Lion wordu, it set apart as fend, very
quickly liquidate the entire capital-of the whole
debt.
The pressure upon the batik' would cease, and
all that are solvent, cwuilil resume and maintain
pecie payments; 8, system of hoarding specie
'ould at once, cease,, and it would again qircia
lae freely frviij, hand to hand. Stocks of ill
kinaj, y.:duld rise to par, that have intrinsic ral-
W‘- The sails of commerce, which are- now
i furler in our ports, would be again expanded in
lahwaed seas. The mechanic wotii be ena
bled to-abricate for the farmer, aud rite farmer,
relievedfrom the exactions ot 'die tax gatherer,
could once more purchasejjtAeffssaries, comforts
and luxuries oil ife; anff>fwsa million of springs
of individual andJefiU-nal prosperity, now al
mo-t wholly ffieelj ®p,. would be opened in con
stant flow, and ofthe nation wovH
again reciffye. its regular and abundant tribute.
But nuye than this, and all these, the national
cn>di?iqnd the pledged honor of the Stales would
1 be. re-established .-nd redeemed. WMfet now
! every American who has a pure sentiment of
| feeling in his nature, must blusfe atsthedisgraee
’ which now tarnishes our here's lore fair fame.
I will resume the subject tp»morrow or the
next day.
Yourob tserv’t,
- W. COST JOHFSON.
Col. Chas. Carixmx,
Doughctfagan Manor, Maryland.
A Large Cargo. —The ship Farewell, of
I bfewburyport, from Calcutta, at Boston, is said
ami measurement. Tlfos is stateci weight
largest cargo ever loaded in Caletma, Jhy
flag. Some of East lixtfamen are ot
2200 tons burshen, but their between decks are
occupied with, their armament, and for the ac
commodation of passengers.
The JeMn New York, according to the
Philadelphia Inquirer, are ten thousand in num
ber. They have six synagogues. Their Be
nevolent Societrchas, in the last year, collected
about 5,000, and expended about 4,000 dollars.
The legal liabilities they still lie under in some
countries of Europe, and the strong prejudices
they there have to encounter, are, it is said, dri
ving many ofthe Jews to see): refuge in the U.
States.
MONDAY MORNING, JANUARY 9. I
■ | ? i 1
Fatal Rencontre.
By private letters from Columbus, we learn
that a difficulty occurred on the morning of the '
sth instant, between Gen. Daniel McDougald ,
and Col. Burton Hepburn, in the office of the
former, in which the latter was shot, and imme
diately expired. The coroner held an iiftjtiest
over the body, and the jury returned a verdict of
justifiable homicide.
What a pity.—The editor of the Federal
Union, says he is informed that Dr. Fort decline!)
accepting the sole Directorship of the Central
Bank.
We are glad of it, and hope his Excellency ,
may be able to select some one more competent,
who ean distinguish between a dollar and the
promise ofthe Central Bank to pay a dollar.
Another Defalcation.—The New-Orleans
Picayune of the J st inst. says—lt was yesterday
discovered by the commissioners for liquidating
the affairs of the Citizens’ Bank, that there was
a deficit in the funds of $51,171 91. J. B. Per
rault, the eashier, addressed the commissioners
a letter, in which he exonerates all the other offi
cers of the bank from any knowledge of, or par
ticipation in the embezzlement. We believe
banks were instituted to exhibit to the world the
tjf Wj!.’- S turpitude.
The St. Augustine Newsof Saturday, tnetW®' 1
ult., contradicts on (lie most authentic authol’ity,
the report published in the Jacksonville Tiopi
ctrl Plant, and copied into our paper of Saturday
last, in relation to the escape of about sixty In
dians from Sea Horse Key. It also states, on
lhe same authority, that the entire bands ot
Octa-Achee and Tiger Tail, amounting to 42
warriors, with their wives and children, are now
on Sea Horse Key, waiting tiansportation. to
sail on or before the Ist inst.
Legal Decision.
ThePlanter’sand Mechanics’Bank of Columbus
William S. Chipley, Leroy M. Wiley and
others.
Petition far Cerlioran, in Afurcogfe Superior :
Court.
Two grounds of error are assigned in this Peti
tion sot Certiorari.
Ist. That a Justices’Court is notaCoart of
Record, and that inasmuch as the Charter ofthe
Bank which filed this petition, p rovides that it
shall be sueable in Courts of Record, no j urisdic
tion can be legitimately entertain ed by the Justi
ces of the Peace, against whom this complaint is I
made. <
2d. That the plaintiff, in the case below, .com
menced several distinct suits, ;rt one and the same
time, to one and the same tenji ofthe Court, cm
several demands exceeding tn the aggregate tine
jurisdiction ofthe Court, which might have been
embraced in one action in the Superior or In -
feriorCourts; and that, fortius reason, the Court
below should be outsted of jurisdiction in the
premises, and the plaintiff’forced to sue, if at all,
m the Superior or Inferior Court ofthe county,,
which are Courts of Record.
The facts stated in the petition, are aflmitled-
Islhe court of justices ofthe peace in this State
a court of record? This has long been, andWliU
is, a vexed question in Georgia. “A Court of
record is that where the acts and the judicial p ro
ceejings are enrolled on parchment, for aperp et
ual memorial and testimony, which rolls of
Court are called the records ofthe Court, and a re
of such high and super-eminent authority th at
their truth is not to be called in question. F< >r
it is a settled rule and maxim that noting sha 11
be averred against a record, nor shall any o r
plea or even proof be abmitted to the contra
ry. And if the existence of a record be denied, .
ii shall be tried by nothing but itself; that is, up
on the inspection whether there be any such re
cord or no; else there would be no end of disputes. ’
But if there beanyinislake of theclerkin mak
ing up such Record, the Court will direct himto
amend it. All Courtsof Record are the King’s
Courts in right of his crown and royal dignity,
and therefore no other Court hath authority to
fine and imprison; so that the very ejection of a
new jurisdiction with the power of.’ fine or im
prisonment makes it a Court of Record.” —
Black. Com. 3 Vol. P. 23, 24. “J .tecordj Recor
parchment, o? tlie 1 proceedings' ’ an,|
Court, of Justice which hath pc .werto hold plea
according to the course of the Common Law,
of real or mixed actions, or of actions iptare ci
ci armis, or of personal actions whereof lhe debt
or damage amounts to forty sb jllings or above,
| which we call Courts of Rec ord, and are crea
ted by parliament, letters pale nt, or prescription.
But legally, records are restrt fined to the rolls of
such only aA are Courts of Record, and not to
tlie rolls of Inferior, nor any other Courts which
proceed not secundum legem, it const ictudinum An
glia.’’ 3 Coke Litt. 322, 3‘ 23. Tested by these
definitions, the Courts of Justices of the peace
in this State are not Cov.rts of R ecord. They
do not enrol on parchme at (or ota jiaper) their
acts and proceedings, do not hold, plea according
to the course of the Common Lt iw, of real or
mixed actions, or of actions tpu ire ri et amis’
no? did they originally possess jurisdiction of
lights exceeding forty shillings. The slight in
l crease in the number of shillings s which may be
; nowdemanded in these Courts can have enect
’ed no change in their legal n; itures. 1 have
said that they originally could t: ike cognizance
oi’ debts less than forty shill in gs only. The
country-is much indebted to the recent labors of
the presiding Judge of tbe South: era Circuit, (the
1 ion. (.;. B. Cole) on this subjec t. He has trac
ed back the Courts of tlie Jus<fi res of the Peace
in this State to the old Court of Requests, of
Londbii,or the Court of Const ience, as it was
more frequently called..
See the case ofthe Monroe Rail Road and
BankingCotupany, versus Scot land others, pub
lished in the Federal Union ol the 221 March
last. Haeon says of this Court, “There is also
the C'.iuit of Requests, which i- , called the Court
of Conscience, and is held before certain commis
sioners at Guildhaß, and was established for re
j covering small debts under k rty shillings, but
now raised to debts not exceed ing five pounds.”
2 Vol. Bac. Abridg. 546. T his Court, all tlie
authorities agree, was notaUVourt of Record.
The actol the Legislature' of this State in
which, the title or appellation of this old jurisdic
tion. the Court of Requests off London, or the
Coiwt of Conscience, was changed to the one
now in use, viz: the J nstices C lotirts was passed
fe 17811. The 4th section of' that Act provides,
i “That the Justices ofthe sever al counties, or any
one or more iff them, shall hi ,ve authority and
jurisdiction to hear and dete nnine all suits,for
any debt w liquidated deman d due by judgment,
specialty, oat account fin-any.- s-um orsums of mo
.ney, w?t exceeding five pour ,ds sterling, by peti
tion, ih a summary way, wi irnnt the solemuuy of
ci piry.. And the said Justi-ce or Justices is, and
! are hereby authorized to git e judgment; and ten
■ days after giving stich jud gmetit award execu
tion thereon, and not before.” Wat. Dig. 401.
A popular error on the subj eet ofthe legal nature
air.i constitution of Courts of Retcord, flows from
the fact that the enrolling of t.jeir acts and pro
ceedings on parchment (or on paper) is found
very generally to obtain in Con is offtecord, and
may lie regarded as a eommoi i and somewhat
characteristic feature in them . It is. taken as
true, to some extent, on the faith of this fact, that
all Courts whose proceeding ,h are attested by
written evidence, are Courts of Record. Tlie
authority of Lord Coke lias just been quoted to
the contrary. “But legally,'! ecords are restrain
ed to the rolls of such Com Is as are Courts of
Record, and not to the rolls if Interior, nor any
other Courts which proceed niitsccuiniliimhgi.m
cl consuetudinem Anglia.’’ Indeed, some Courts
of very high authority ande rtensivC jurisdiction,
are not technically and legal Is Courts of Recotxl.
“There are several of 11 re .King’s Courts not
of record, as the Court of Equity in Chancery,
j the Courts of Admiralty, —Note 151 to 3
Vol. Black. Com. 25, 4 It ist The technical
notion of a record is restricted to the rolls of such
Courts only as proceed, ‘according to the course
of the Common Law.” Tlie Court of Requests
of London, of which the Justices’ Courts in this
State are but a modern, version, was not of Com
iaran liw origin. It was created by the King
and Council inthe re ofHenry VIII. It was
confined, too, at its i :reation, exclusively to the
city of London. It s proceedings were not by
writ anil plea, but by summons or warrant. The
mode and characte r of proof were variant from
the Common Law —the partiesthemselves were
examinable before the commissioners. Lastly,
tne decision ofthe 'com..nissioners was final and
conclusive betwet-nthe parties, without the inter-
A-ention ot a jury. Our own Justices Courjg
by their present and pr limited right
4'jißfv ofjfuce men which now exists in
thoseCoitnSjis’of comparatively recent date. It
is not the Common I ,aw right dftrial by jury, by
anv means. Black, speaking of that mode of
trial, says, that it is “a trial that hath been used
time- out of mind it i this nation, and seems to
have been coeval with the first civil Government
’ thereof.” 3 Vol, Oom. P. 350. And again, at
P. 351, same Vol. he proceeds, “when therefore
an issue is joined, b y these words, “and this the
said A. B. prays ma y be enquired of by the coun
-1 trv " or “and of tbi she puts himself upon the
country, and the sa id C. D. doth the like, the
» Court axvards a av" rit of venire facias upon the
roll or record, commanding the Sheriff‘(that he
s I cause to come here- on such a day .twelve free and
- I laAvfulmen c: t feyalcr Jcmi/ies, of the body of
his county, by « horn the truth of the matter may
I be better known, and who are neither of kin t’o
the aforesaid A B or the aforesaid C D, to rettog- I
nize the truth ofthe issue between the parties.” I
am not deciding whether the subject ol Great
Britain, in all cases, and; as a matter of course, was
entitled to this mode of trial, lam simply deft
ning the right of trial by jury as it was usually
enjoyed from the earliest age ot English juns
prudfece, in the case of an issue joined in eivil
causes, and the exercise of which in the manner
just pointed out may be regarded as acoi rect test
or example ofthe ordinary course of it. Certainly
the right to appeal from the formal and regular
adjudication of an issue of fact by a single Mag
istrate, to a jury of only five men, on terms with
which one may or may not be able to comply as
provided in the Justices’Courts of this State, is
not to be placed upon the footing ofthe trial by
jury, as I have shown it to exist by the Common
Law These Courts, then, are not, either in
their origin, or in their mode of proceeding, “ac
i-ordiiig to lhe course ofthe Common Law. ’ w
The Act of the Legislature passed in 1809,
see Prince’s Dig. 501, has been read by the coun
sel for the defendants in certiorari, and relied up
on as constituting them Courts of Record.—
“Each Justice.of the Peace in this State shall
keep a fair and legible book of entry ot all civ
il proceedings had before them, tor the recovery
of debts.” If this Act is to lie understood as
constituting them Courts of Recon!, the fact at
least that they were not so before the passage ot
the Act is gained. And it may be well asked,
what reason existed at the time of the passage of
the Act for making them Courts of Reconi
which did not exist from the beginning? The
Ar t itself furnishes no additional reason—it
does not increase their jurisdiction, or in the
sliglitest manner allude to the subject of their
jurisdiction. Thtreffect of this reference is
sqtamvlial by tlie tact, .jound
insist, tl.at it thte’niaWr Wt>n -*vmg
•and-, i o . in,‘a C4®t
. ,1.1. • i. . 1.--■. . <>t :: • in« '■ i -<_ i‘w
laiwua;;?- of lie- Act cited b<-com kiere-t.
Jmstice of the Peace in the State shall Lcr p a
fair and legible book of entry, (not a bookpl re
cord)of all civil proceedings, ®c.” And again,
“in all cases where any Justice of the Peace in
this State shall resign, or remove out of the lim
its of the district for which he shall hare been
appointed, it shall be the duty of such Justice to
deliver the said book, ora fair copy thereof, to
his successor in office, within sixty days alter he
rnay be commissioned, or deppsile the same with
the Clerk of the Inferior Court.” See 2d Sec. oi
the Act cited: It is full compliance with the
statute to deposit* a “fair copy” of this book with
the successor, or “with the Clerk ol the Interior
Court”—and this too at any time within “sixty
days” after the successor is commissiotiefl. In
the mean time the origirutlmay be legitimately de
strimcd. Are these entries, thus to be made and
transmitted by the Magistrates, the rolls on
parchment,” “the perpetual memorials” of a
Court “whose proceedings are according to the
course of the Common Law,” which the old Jaw
writers, from whom I have quoted, understand to
be rfsords. But it is contended that the Justices
Courts in this State are embraced within that
Portion of Judge Blackston’s definition oi a
Court of Record which refers to the power to
fine and imprison. And to this point the Act
authorizing the Justices to tine and imprison for
contempts of Court is read. The allusion made
bv Black, and other law writers in popular use
to this subject, is well calculated to mislead. —
The description of cases to which the power of
fining and imprisoning must apply, in older to
bring the Court within the rule or principle re
lied upon, must be something more than the sim
ple power of lining and imprisoning foiv con
tempts of Court. (I must lie the authority to
take cognizance of crimes, for the commission
of which the offender is liable to indictment or
prosecution, and tor which, if convicted, he is
punishable bv fine and imprisonment under the
public law. ' See the case cited by Black. and
others. Groenveh vs Burwell, 1 Salk, Rep. 900.
The right to punish fur contempt, by fine or im
prisonment, is a wholly different one, and is en
joyed equally by all courts, whether they be
Courts of Record or Courts not of Record. —
Without this power, indeed, it isobvious that the
transaction ol business bv the Conn would be
l practicable only at the pleasure of the bystand
ers. “For contempts in the face of the Court,
Courtsnot of Record may commit.” 2 Bac.
Abridg. 399,1 Crokes’Eliz. 581, 2N. and Me.
110,2 Bay’s Rep. 1.
The practical difficulties in the way ol hold
in*- these courts to Ire courts of record, are not
lesg formidable. The fact that records, as mat
ter of evidence, import absolute verity, and can
be neil her added to nor taken from by other testi
mony, .makes it important that they be complete
and perfect in themselves. They should of
course ;u certain and define with truth and accu
„.r..a t i akes place between
them. Tills, ‘ thai inere" mtn ... .irrwrd er dis
putes.” Now what arc the facts in reference to
the proceed ings of justices’ courts in this State?
They comm ence suit by summons or warrant,
yhich disclc ses no cause of action. The de
fence, on the .other hand, is not, in a large major
ity of cases, -even committed to writing at all,
and if it be so, is usually without the necessary
form and certainty in law. No regular issue is
joined, and the final disposition of the cause is
exhibited and sin iwn by certain meagre and la
conicentries, made by the magistrates who try
the case, ancf.a majority of which are perhaps in
figures. So far from being full and complete in
themselves, and so far from being final and con
clusive in thei r nature and effect, they may with
more propriety’ be said, for all legal purposes, to
settle substantially nothing at all. Otherconse
quencesschrcei'yless embarrassing both to these
courts, and others into which their proceedings
may find way, u 'ould come, of holding them to
lie courts of rec< wd, but it is cohsidered not ma
terial to pursue them. Views similar to these
obtain in our suiter States. These courts are
vet y generally, if t tot uniformly, held to be not
courts of record— and this too in some instances
in which they enjoy' a much more extensive ju
risdiction than thev do in Georgia. Taylor vs
Turner, Ala. Rep”2KM; McGehee and Richard
son vs Sheffield, 3 S.’ew. and Port. 351; Posson
vs. Brown. 11 Johns. I hep. 166; Hutson vs Lowry’
and Neville. Virg. Cases, 2 vol. 42; Mete, and
Perk. Dig. <517, which refers to 1 Tyler, 450; 2
Chip. 90. ’ The first ground taken in this, peti
tion for certiorari is sustained.
2. liiorderto passwith correctness andpro
prietv on the second assignment of error in the
petition, involving as it dots the question and
doctrine of consolidation of actions, it is impor
tant to ascertain in what liglnt the jurisdiction of
these courts is to be viewed under the law—in
other words, to define whether they are to be fa
vored, orto be not favored.
‘■Nothing shall be intended to lie within the
jurisdiction of inferior cotirts but what is ex
pressly alleged. 2 Bac. 393; 1 Chit. Pleas 250;
4Dall. 8; 4 Mass.fill. “They are strictly con
fined to the powers given”—-“such courts must
not assume constructive powers, that is, powers
not litera lly 1 given or necessarily consequent up
on those so given.” 2 Bae. 396; I Bayl. Rep. 457;
4 Mass. 641. The rule is still more exacting
when applied to Inferior courts not of record,
and of very limited jurisdiction. “Particular
jurisdiction, derogating from the jurisdiction,of
the common. law are to be taken strictly. ’—
Mete, and Perk. Dig. 629, which cites 1 Chip.
37. This principle is both a rational and a be
nevolent one. It is based not only on the sup
posed diminution of chances that any given
cause of action will tall «illiin the scope ol th
■authority of a very limited jurisdiction, but on
the ’jraw and more weighty consideration that
the legal rights of suitors are not so likely to be
protected and awarded to them in die courts of
inferior ami restricted jurisdiction, as in those
more coinorehensivety and liberally endowed.
Certainly,'in point of abstract right, the citizen
who is urging' or resisting a demand, however
.small, is as much entitled to be heard before a
tribunal posseting the knowledge and means
necessary' to do him effectual justice, as is he
who is engaged Jn a contest involving a larger
amount. But as a matter of social policy and
convenience, amt to effect certain other desira
ble objects, 1 he sm alter demand is exposed, with
less reluctance, to ’he greater hazard. It has
ever been, deemed wise and prudent, however,
by that department of the government which is
charged with the execution of the laws, to re
strict’ rc.ther than extend, as a matter of con
struction, that legislation which goes on a com
promise of the security of rights. Hence the
jealousy” with which the jurisdiction of inferior
courts has ever been watched and guarded.
To re turn more immediately to the point be
fore us. As a matter of discretionary humani
ty to def sndants, even in the Superior Courts,
‘‘when t; je plaintiff has two causes of action
which n mv be joined in one action, he ought so
to proce ed . and if he bring two actions, he may
be cotnr died to consolidate them, and to pay
the cost s of the application.” 1 Chit. Plead.
180- 2 Term. (139; Tidds’ Frac. Bedi. 6G4;
Gould’s Plead. 4 chap. 103. “For the institu
tion of several suits, when all the ends of ins.- 1
tice mi: ’lit have been attaiualjwi tS-to oust an
ffiffihor tribunal, in which the trial by juiy does
not exi: it. and where no record is kept of what
transpi -es, and to bring the parties before a ju
risdicti. >n in which the orderly and benign rules,
and cai itious course of proceeding of the com
mon la w take place, can the motion to compel
consolii iation be weakened? Must it not, on
the prii iciple already established, be stronger?
It woul J so seem. When, therefore, several
suits In ive been commenced by the same plain
tiff age linst the same defendant, at the same
time, in a court not of record, on several causes
of actii in which in the aggregate exceed the ju
risdicti on of such court, and which in their na
ture ai : capable of being united in the same ac
tion, I take it to be law, that the Superior Court,
which is charged with the superintendency of
such ii iferior tribunal, is bound, on the applica
tion of the defendant, to arrest the suits below,
and co mpel the plaintiff either to sue in the high
er cou its. or to abandon litigation. “If there be
VOL. VII.-N© 2.
several contracts between A. and B. for dtvem
sums, each under the jurisdiction ot an interior
court, but amounting in the whole to a suffixirert
su” to entitle tbe superior courts to jurisdistim*,
they shall be sued lor in the superior courts,
and not in an interior court, which is not a court
of record.” The Monroe R. K. and Banking
Co vs Scott and others, Fed. Union, 22 March;
1 Vent. 65; Mod. Cas.9o; 1 Vent. 73; 2 Keb.
617; 2 Roll. Ab. 280; G Bac. tit. Probib. The
second ground of error is likewise sustained.
1 might here dismiss a case which has beon
very eloborately discussed and considored.—But
justice to the interests of tlie country requires
that I go further, and dispose of another point
incidentally connected with this and
which is daily presenting itself to mein peti
tions for certiorari.
I refer now to the act of 1811, a leading object
of which was to extend the jurisdiction of the
justices* coutlsito certain newly supposed cases.
This act is reported in Princes’ Dig. 501. The
Ist section is in these words : “That from nnd
immediately after the passing of this act, it shaft
and may be lawful for any person or persons
who has or have in his, her or their bands any
bond, note, or account, for any sum exceeding
thirty dollars, .and the amount of which has been
reduced by any payment or payments to a sum
under thirty dollars, a’nd such payment or pay
ments are endorsed on the back of said bond or
note, or when any bond, note, account, or other
agreement, (gaming debts excepted,) which in
its original exceeds the sum of thirty dollars, but
has been reduced by bond or bonds, note or
notes, although of equal dale and payable at the
same period, to a sum or sums of or under thir
ty dollars, then, and in every such case,Jl shall
and maybe lawful for every person or persons
who has or have in his, her or their hands any
sueh bond or .bands, note of notes, or accowgi
as aforesaid, to firing »»>* thereon in the magis
trates’ court ofthe district where tlie said debtor
for itybtors may reside, and the magistrate be
. I
bond or lW®, note 11
the said judgment does not exceed on any One ’
trial the sum of thirty dollars.” In order to un
derstand the reason which led to the jiassage ot
the act, as well as to enable us to dispose
of it on legal principles, it is necessary to
refer to the jurisdiction of justices’ courts,
as it at that time found place in lhe consti
tution ofthe State. The sth Sec. of the 3rd
■ Art. of the Constitution, as it then stood, was in
these words—“ The justices ot the peace shall
be nominated by the inferior courts of the sev
eral counties, and commissioned by tlie Govern
or, and there shall be two justices ofthe peace
in each captain’s district, either or Isith of whom
shall have power to try all causes es a civil tut
ture withiij tlieir district, when the debt or liqui
dated demand does not exceed thirty dollars, in
such tnarmer as the legislature may by law fa
raot,” —See tlie Coßstiuiliou es 1819; Wat. Dig.
40. This provision rematneil a part ofthe Wen
stitution until the year 1788, when the limitation
contained in it was removed bv an amendment.
—See Lain. Dig. 177. The validity ofthe act
of 1811, however, mftst still be tested by refer
, epee to the Constitution, us it existed al. ths time
the act mas passed. This is obvious.
With this clause ofthe Constitution in view,
. there is no difficulty in understanding the metivee
. and intentions of the movers of the act in ques-
lion, it was to enable parties to effect an escape
from a constitutional restraint, or in legal par
lance,to perpetrate a fraud on the Cunstilutiuu.
The policy of the act is apparent—to enlarge, by
indirection the power of these lessercourts. This
the legislature had no constitutional authority t»
do. Ilis clearthat such an object could not have
been accomplished by direct means, and it is a
rule in law, as it is a maxim in morals that what
cannot lie done directly, cannot be dona indirect
ly. If the Constitution limited the jurisdiction
of these courts at the time that act was passed to
the sum of S3O, and 1 have shown that it did,
neither individual suitors, nor the legislature,
could help them to more. They must rest on
their grant. It is clear that the effect of that act
if it is to be executed is to remove at once all re
straint or limit en the jurisdiction of those courts
so tar as the amount or size of the demands of
which they are to take cognizance is concerned.
Debts of any and every imaginable size are thus
brought within their embrace. A. owes B. one
thousand dollars, for which B. holds A’s note.
All will agree that the demand, while in that form
could not be litigated in the justice*’courts, even
although the parties to the debt should expressly
consent to it. Yet the act proposes to enable
them, bv the shallow artifice of substituting for
ty small notes for twenty-five dollars each, “al
though of equal date, and payable at the same
period," and although sued in actions returnable
to lhe same term, to elude the constitutional im-
Hodiow-nt, and get rightfully mtoaeoiirt pl a ju
risdiction limited in the very face and by lhe
plifiu letter »r the Constithtloir, to demands not
exleding thirty dollars. The proposition, in a
legal point of view, is extravagant. In the case
pu{, w hat are the small notes but representative*
of connected portions of the same contract ?
They' do not and cannot, in such circumstances,
represent independent contracts. There are, in
fact, in the case supposed, no independent con
tracts to be represented. The debt is, equally
before and after the division of the large note, in
lhe hands ofthe contracting parlies, a single debt
of one thousand dollars, and the parties, with the
motive and for the purpose .supposed, can make
of it, so far certainly as the constitutional ques
tion is concerned, nothing more nor less. It is
no answer that the defendant, having voluntari
ly agreed to give rhe creditor this advantage,
ought not to be permitted to profit by a breach of
faith. The reply is, that the jurisdiction of the
courts of justice is a matter to be determined by
the authority which creates them, and can be nei
ther enlarged nor abridged at the will or pleasure
of individuals. On objects beyond the bounda
ries set to their authority, they cannot, on the
mere motion of suitors, or on any other pretence,
legitimately embark the official means turd agen
cies with which they are clothed.
Apart, then, from all considerations of mere
agreement or consent on the part of individuals,
and as a matter ofobligation and good conscience
on the part of the courts themselves, they are
compelled,in all circumstances, to abstain from
other powers than those delegated to them. To
this point, the authorities are numerous and
clear.
“A deed executed for the purpose of giving
jurisdiction to the federal court, will not be
countenanced so as to sustain the jurisdiction."
1 Wash. C. C. 70.
“Confessing a judgment in a justices’court
will not give it jurisdiction.” 3 Gaines' Rep
-129
“Consent of parties cannot confer a jurisdic
tion in a matter which is excluded by law.” 3
McCord. 280; 1 Const. Rep. 478; Minor's Rep.
65; 7 Port. 37; Charlton’s (Robt M.) Rep. 298;
by’ Judge Law, in 1830; Mete, and Perk, in their
Dig ol American cases, cite to the samajoint;
these additional authorities, to which I have
not access, and un which therefore Ido »®t re
lv: 1 Breeze, 32; 2 Verg. 441; 3 Litl. 332; J. J.
Marshall, 476; 1 Bibb, 263; 6 Litt. 303; 5 Mour.
3mß; Kirby, 111; Wright, 21, 176. A few cases
heat ing more immediately upon the true nature
of the act of 1811, and the construction proper
to be placed on it, andsustaining fttlly the deci
sion lam now making, shall lie quoted. “A
magistrate, bound to act within his district in
civil cases, and no where else, cannot sustain a
jurisdiction beyond thirty dollars, andsuch must
be the entirety of the demand, as not to be sus
ceptible of any division for the purpose of giv
ing jurisdiction, upon distinctcitations, to differ
ent terms.” Charlton’s (Robt. M.) Rep. 214;
15 John. 229; 16 John. 121. “A. owes B . #BO,
and gives four several single bills for twenty
dollars each, payable at one day, and al one,
two and three months after date respectively;
and after the last is due, B. obtains warrants
from a single magistrate to recover these sever
al sums: A. may obtain from the Superior
Court a writ of prohibition to prevent the jus
tice from proceeding, because the justice has
not jurisdiction in the cases: all the notes con
stituting only one debt.” 2 vol. Virg. case*,
42. Can a case be imagined more immediate
ly in point? It cannot be important to cite oth
er authorities than these, numerous and respec
table, and as I may add, tinconlradictcd as they
are.
Yet I do not wish to lie understood as saying
that a debt originally exceeding thirty dollars
may not be reduced below that sum by actual
payment!, so as to be brought within the juris
diction of the justices’ courts, nor that the par
ties to a debt above thirty dollars may not legit
imatelv sever it, for ths purjxtse of negotiating
a part or parts of it, or for the purpose of giv
ing different days of payment, so that the same
be bona fide, and not merely lalarable, and with
a view to defeat the Constilutioi; and that w hen
so severed different suits may not be brwrlecu
I the magistrate’s courts on jbrtiant and useful
into which the qr,f'«nich were recognized from
which needed no confirmation
by the statute, and which should by no means
lie arrested from the citizen. But in so far »s
the statute is relied upon to justify the division
of an entire debt into parts, with the simple
view of giving jurisdiction, as I have shown,
it must lie deemed to l e nugatory and void.
It is not to be denied that this decision is Io
work a very great letrencbment ofthe jurisdic
tion of the justices' courts, as heretofore taken
and exercised in this state. Impressed with the
consciousness of this, 1 have bestowed npen tne
several points disposed of by this decision, a de
gree of labor ahd investigation commensurate,
as 1 hope, with the extent ofthe interests and the
consequent respoffsibilitiy involved. A protrael
ed and careful examination ofthe whole subieot
has led me to the conclusion that the decision is
demanded on principle, as I have show nit to be
in literal pursuance of authority.
M J. WELLBORN, n.s.c.c.c.
Holt & Alexanderjbr the plaintiffs in ceritoraii
• S. A. Baily & A H. Cooper for defendants.