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-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.