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.ft ttfZST./, G.B. :
THURSDAY MORNING, DEC. 3, 1646.
Revival or Trade. —Tins is the day when
the reduced tariff ol 1846 goes into operation.—
It is a proud and glorious day lor the American
people—lor the nations ot the earth whom
God hath bound together by the laws ol mutual
dependence and mutual assistance—and which
hare been separated by the exclusive policy of
a dynasty of opinion, that is rapidly passing a
• way. Tuts is the day when its flag, tattered
and torn in the conflict, falls to the dust, and
when the bannerol Free- Thads, floats proud
ly upon the breeze. We raise it at the head of
our column, and ask lor it the cheers and salu
tations ot every lover of equal rights op
JUSTICE—OF THE CONSTITUTION I
We copy the above rhapsodical glorification
from the Southern Banner ol the Ist instant. Il
seems that our colemporary lost sight, for the
moment, of all the terrible chastisements which
the people have lately been inflicting upon the
party in power, for the passage of the vert act,
the commencement ot the 4 operalion ol which,
appears tothrow him into a state of such sub
lime enthusiasm.
We are glad that he is able yet to give signs
of joyousness and life, so fervent and palpable,
even ifthey arise from dreams,delusions and the
vanities of hope.
The nations of the earth, if they could only
see our cotemporary's article, would laugh in
their sleeve at the groundless happiness which
he exhibits. It would be impossible tor them
to see, that the frozen barriers which had se
parated them, were removed, and to feel that
they were locked in a warm and fraternal em
brace of universal free trade.
France hasnot relaxed in her system of duties.
The other nations of the continent of Europe
are clinging to protection to save their very
life blood from being sucked away by English
cupidity, and England herself is protecting eve
ry interest with all the fidelity of her ancient
scrupulosity. It is true that she has relaxed
her system in some degree, to save her people
from starvation, but it is avowedly for the pro
tection of her national interests.
The duly on cotton was taken off to protect
her domestic manufactures, but as they do not
include tobacco the duty on that is retained to
swell the amount of her income. Our cotem
porary certainly forgot that American tobacco
is burdened in England with a duty of 3 shil
lings per pound, which is about one thousand
per cent. He forgot that from this article alone
England receives a greater sum than we do
upon all the articles brought from her domin
ions.
We are at a loss to see the reason ol the in
ordinate exultation evinced in the above en
chantment of our friend of the Banner. Free
trade in lhe United Stales and protection every
where else, is, ir seems to us, a system to be
feared, not to be courted and loved. We ate at
a loss to seethe thousand blessings which wilt be
afforded the United States by having the doors
of other nations opened to them, only by pay
ing heavy tribute, while theirs are thrown wide
open to heartless adventurers who will rob
them ol their golden treasures and laugh al
their ignorance and poverty. The “cheers and
salutations” asked for by the Banner w ill not
be given.
If our cotemporary has failed to have his
eyes opened by the recent elections in seventeen
Stater, perhaps lhe scales will be removed, when
Whig votes, like a rain ot stars, shall illumine
our political horizon in 1818.
Mr. Polk and the next Presidency.
The Constitutionalist, alluding to our article
ot Tuesday, in which we intimated that Mr.
Polk's prospects for a re-nomination for the
Presidency were ratherot the darkest order, re
minds us that he was elected tor only one term.
That paper says:
“Did not the Chronicle know that the Presi
dent was elected on the one term principle, and
only accepted the nomination pt the Democratic
Convention upon the distinct condition that he
would under no circumstances consent to run lor
a second term. This is another little piece ot
political information to be added to several other
small favors of the kind, recently contributed
by us, which we beg leave to offer to the Chro
nicle.
“The Chronicle has shown so short a memo
ry as to incidents ol party history of its own
party, that we are not surprisedat its oblivious
ness of facts in lhe history of the Democrats.”
So tar as the “ incidents” ot the history ofthe
Whig party are concerned, there was no ground
afforded us for gratitude to our neighbor for his
small favors,” as they happened not to be true.
Our own recollections were belter sustained by
tacts than his. They were, theretore, truly
“small favors” tor which we returned suitable
acknowledgements at lhe time.
We will endeavor to make a due return now,
to the one contained in the article of yesterday.
We must confess that we did not recollect
that a single Presidential term was one of the
principles of the Democratic party. We had
supposed that those principles were put forth in
lull and with great solemnity in the resolutions of
the Baltimore Democratic Convention id 1811.
Without putting ourselves to the trouble to
look those resolutions up, we think we can ven
ture to say, that they do not embrace the one
term principle.
Did Mr. Polk in his letter accepting his no
mination say that “ under no circumstances”
would he consent to run for a second term 1
We have too much to do to be at the trouble to
bunt up that letter. We do not think, however,
that it contains such a statement. Presuming
that the Constitutionalist knows, we ask for
information.
Mr. Polk has given no evidence that he will
abide by his political declarations, even it it be
true. He did not stand by his declarations on
the Oregon question. It appears manifest,
that he has sought to purchase a peace which
he affirmed that he intended to conquer, and
without producing further evidence we can refer
to his Kane tariff' letter as a fair illustration of
the consistency of his professions and practice.
We think that we have seen some indications
ot a disposition on his part to intreague for a re
election, and, certainly, the Washington Union
has thrown out pretty strong intimations that he
is the man for ’4B.
It is very immaterial, however, whether he
desires it or not. We only referred to the sub
ject to show how low a point he had reached in
public estimation. His nomination was a
fraud npon the Democratic party, and that
party did injustice to themselves in submitting
to it.
We have no " anxiety” on the subject of Mr.
Polk’s chances for re-election, none whatever,
we assure the Constitutionalist, nor have we
experienced the “ happy relief 'to which that
paper re’ers. We must confess, however, that
■we have felt quite a happy relief in seeing, that,
* 'throughout the whole country the people are de
termined to hurl our present rulers 1-om power,
and place in their stead good men and true,
who can and will study their interests belter,
and whose wisdom will enable them to advance
’them with purity and success.
We beg leave, in conclusion, to say to the
Constitutionalist, that in making a gratuitv ot
small favors,” and boasting ot them at the
same time, he ought to be quite sure that they
would not be utterly valueless, because untrue.
I he Citizens’ Union Line of Steamboats
between this city and Philadelphia will be dis
continued alter the Ist til next month.
The railroad lines with the mail will then
leave Philadelphia daily, (Sundays excepted) at
BA. M. and daily at 4 P. M. The latter will
bring the great mail for the South which will
be despatched from this city at 11, P. M.—sßaf
limore American Nov. 29
By this arrangement the mail train will leave
Charleston at 9 o’clock, A. M., and reach this
city between 5 and 6 P. M.
The Rev. George F. Pierce, wo learn, declines
to accept the appointments of Vice President and
Professor in Transylvania University (Lexington,
Ey.,)tendered him by the late General Conference
of the Methodist Episcopal Church, South,
For lhe Chronicle .f- Sn’inel,
Supreme Court Decisions.
Under this head, in the weekly Chronicle &
Sentinel of the 27th of August, is found a Re
view of a decision in the case of Michael C.
Moore vs. Vincent Ferrel and others. In which
the writer professes to quote the decision from
the Southern Recorder of the 18th ot the . same
month. Yet, from the references made to facts
which do not appear in the synopsis published
in that paper, it is evidently written by some
one in possession ot the evidence. Assuming
this to be the case, and as the professed object
of the writer is “To present to the reader the
law as he finds it in the books, that it may be
compared with that made for ns by the Judges
of the Supreme Court,” it may not be amiss
to state the facts somewhat more at large, the
better to enable the reader to make the com
parison ttnderstandingly.
The bill charges in substance, that the
plaintiff is the drawee of the land upon
which the waste was being committed, his
title being a grant from the State, that the tract
contained a valuable gold mine, that defend
ants were trespassers, committing waste by
digging up the soil and takingand carrying away
large quantities ol gold daily, in amounts un.
known to the plaintiff, and which he had no
means of ascertaining at law, and could only
prove by resorting to the consciences of the de
fendants in a court of equity ; that the defend
ants were insolvent and unable to respond ;
prayed an injunction and account. The an
swers admitted the land was granted to the
plaintiff as stated, lhe digging and carrying ofl
gold in large quantities, and that lhe defendants
were poor and possessed of but little property,
and only evasively denied insolvency ; but in
sisted on title in themselves or some of them, by
a sheriff's deed executed under a sale made by
virtue ol a justices’ court execution, exhibited a
copy of the deed, but did not show, by the an
swers or exhibits, that the execution bad the
entries upon it which authorises a levy upon
lands. Upon the bill and answers lhe Court
below had dissolved lhe injunction, and the
case came up upon alleged error in so doing.
The Supreme Court reversed thede«ision. In
doing which the Judges say, “An injunction
will not be dissolved upon the ground that the
plaintiffs tide is questioned by the answer; but
when the title is denied, the Courts will look
more closely to the character of rhe trespass.”
“This (says lhe reviewer) is now the law of
Georgia as settled by the Supreme Court;” and
continues : “Let us see what the law is as re
ported in eases from the English courts, the
courts of some ot oursister States, and as we
rind it in lhe elementary works of the legal pro
fession.” And alter quoting a few cases from
one English reporter, a single case Iroin an
other, one case each from two reporters of our
sister States, a short paragraph from a writer
ot the legal profession—all of which he con
tends are at variance with lhe decision of the
Supreme Court —ami alter having reoeatedlv
stated those cases to be the law of the' books';
and with an air of triumph repeatedly asked,
wno ts right, Lord Eldon, Kent and Eden, or the
Supreme Court of Georgia! he comes to lhe
following remarkable conclusion: “But lhe
j udges ot the Supreme Court do not agree there
with, (meaning lhe law of the books,) and as
they have lhe power of settling what lhe law is,
Eldon, Kent and Eden, may study KeZZy’s/?«-
ports of Ike Decisions of the Supreme Court of
Georgia! and learn how utterly ignorant they
are ol lhe first ptinciples ol law.”
Without complaining ot the very remarka
ble paucity ol authority, upon which the review
er has seen htto rest, lor lhe conviction of lhe
Supreme Court of error, and that so gross as to
put us upon the dilemma ot considering, that
either Lord Eldon, Chancellor Kent and Mr.
Eden, were ignorant of the first principles of
law, ar the Judges of the Supreme Court of
Georgia are. It may not be thought unreason
able to suppose that, before feeling ourselves
compelled to take so disagreeable an alterna
tive, we should require something more than
a meagre production ol a few cases, mostly ol
decisions made nearly half a century ago; and
particularly upon a principle which has been
undergoing changes, from iis first introduction
into the courts io lire present, all constantly
tending to its more liberal application, in cases
ot waste and trespass: insomuch that he who
supposes that the doctrine which formerly pre
vailed on that subject is the same which pre
vails now, should (to use the language
ol the reviewer jbe quite “unpretending to le
gal learning.” And Im who would insist that
the law of the books does not maintain and sup
port the doctrine that an injunction may be sus
tained, and will not be dissolved, incasesol
waste or trespass, merely on the ground of ad
verse claims, and because the Ht)e is disputed,
or, in the language of the Supreme Court,
" questioned,” must be either very tar mis
led himself, or would mislead others; es
pecially when irreparable injury would be
the consequence, In fact, not one of the cases
cited support such arjoctrinc; none of them
were cases where there was any pretence ol ir
reparable injure; it was not pretended that the
damages could not have been readily ascertain
ed at law, or that tire defendants were not am
ply able to respond.
Furthermore, in the Iwo first eases cited,
Pillsworth vs. I lopton, 6 Vesey, 51, and Hanson
vs. Gardiner, 7 Vesey, 391, the plaintiffs had
brought actions at law founded upon their titles
and had failed. That the circumstance ot the
failure to recover al law. had much weight is
manifest from what fl’ll trom the Chancellor in
developing his opinion; his language is.
“There is a great difference when, instead ot
filing a bill in the first instance, and submitting
to this Court to regulate the enjoyment in the
meantime, the plaintiff goes first to law, and
having failed there comes here, not to establish
his right at the hearing, but to prevent the en-
joyment of the defendant till the hearing.” In
the other rases from Vesey no reason was
shown why an injunction should go; no pre
tence of irreparable injury, or that the plaintiffs
could not be fully redressed by action at law.
And it is clear, Irom what is said by ftp Chan
cellor in one ol these cases, that in all cases
where irreparable injury would have been the
consequence of refusal, an injunction would
have been granted even at that day. His lan
guage is: "Formerly, when legal' rights were
set upto the extent in which they are set up in
this case, the courts were very tender in grant
ing injunctions, I remember when, in a case ot
trespass, unless it grewlo « nuigance, an injunc
tion would have b: en refused; and evert in the
case of waste, it by temporary acts from time
to time merely, the subject of an action, and
not bringing with it irreparable mischief.”
Aller staling a case or trespass in digging into a
coal mine, he continues: “ Lord Thurlow at
first hesitated much, but did at last grant the
injunction; first, from the irreparable ruin ol
the property, as a mine; secondly, as it was a
species ot trade, and thirdly, upon the principle
of this Court enjoining on matters of trespass
whsre irreparable damage is the consequence.
This led to the case of Robinson vs. Lord Byron,
and the other cases in which also this principle
operated: that unless there was some jurisdic
tion to prevent it, there would be a great failure
ot justice in the country. The ground of that
case was irreparable mischiet that would have
been done, before there could have been a trial
al law as to the right claimed." Let it be re
membered that this doctrine is laid down m the
case of Hanson vs. Gardiner, u Vesey, 307, one
of the cases cited by the reviewer; a case
where the title was not only questioned, but
denied by the answer; and, although the in
unction in .hat case wac not sustained, yet it
was upon the ground that there was no irrepa
rable mischiet pretended, and because the plain
tiff had first brought his action at law, and had
been defeated; and not upon the ground that
the title was questioned, as is erroneously sup
posed by the reviewer.
The other cases cited from the same Reporter
were also cases of waste or trespass where no
irreparable injury was pretended, and where the
remedy at law was clear. The case cited from
4 John Ch. Rep. was also a case of ordinary
trespass of the same nature, and in addition io
that, the plaintiff had also sued in ejectment at
law and issue was joined upon the title. The
Chancellor said he must know' the result of that
issue before be wonld interfere. And this was
also a case where the defendant had long been
i in the peaceable possession of the land, and
where no pretence was set up that a complete
and lull remedy al law might not be had. No
case has been cited, and I take it to be clear,
that none can be found in any reported case,
where an injunction has been refused on the
ground ot the title being disputed, where irre
parable injury would have been the consequence
of such refusal. The case ot Kinder vs. Jones,
17 Vesey, 110, was as clear a eased disputed ti
tle as can be imagined. Both the plainlift and
the defendant claimed the trees as belonging to
them, and standing upon land which each claim
ed to be the owner of. Yet the Master of lhe
Rolls, sitting for Lord Eldon, granted an injunc
tion, upon the principle of irreparable injury;
lhe treesbeingcharged lobe ornamental trees
to the mansion of the plaintiff. This may ac
count for lhe expression ot Lord Eldon, where
he stated he did not remember an injunction
ever having been granted in trespass where the
title to the land was disputed. He might not
have then been informed of this case where
the Master ot the Rolls had granted the injunc
tion shortly before. And if Lord Eldon had not
granted injunction in such a case himself, it
was merely because no case had come before
hitn —no case where there would not have been
a remedy at law—for it has been shown that in
Hanson vs. Gardiner, he fully recognizes the
doctrine.
Chancellor Kent, in Livingston vs. Living
ston, 6 John Uli. Rep., 497, after citing lhe
above case of Kinder vs. Jones, and the cases
'of Earl Cooper vs. Baker, 17 Vesey, 128; Gray
vs. the Duke of Northumberland, 17 Vesey,
281; Field vs. Beaumont, 1 Swanston, 208, fully
maintains the same principle. And comment
ing upon these cases with his usual ability, he
says: “This is analogous to a case before
Lord Camden, referred to by the counsel in
Mogg vs. Mogg, and which Lord Thurlow
seemed to approve ot. It was, where a defen
dant claimed a rigid to estovers, and under that
right, ent down limber; there was a claimof
right, and until it was determined, it was pro
per to stay the party from doing an act which, if
it turned out he had no right lodo, would be ir
reparable. Lord Eldon, he continues, “ob
served that lhe law as to injunction had changed
very much, ami they had been granted much
more liberally than formerly; they « ere granted
in trespass when the mischief would be irrepara
ble, and to prevent a multiplicity of suits. Lord
Eldon repeatedly suggested the propriely of ex
tending the injunction to trespasses as well as
waste, on lhe ground of preventing irreparable
mischief, and lhe destruction of lhe substance of
he inheritance.
The distinction on this point, which was
carefully kept up during the time of Lord Hard
wide, was shaken by Lord Thurlow, in Flam
ang’s case respecting a mine, and seems to be al
most broken down and disregarded by Lord El
don. This protection is now granted in the case
of timber, coals and lead ore, quarries, &c. The
injunction was granted inthecase of Crockford
vs. Alexander, 15 Vesey, 138, against cutting
timber, when the defendant had got possession
under articles for a purchase; and in Tworl vs.
Tworl, 16 Vesey, 128, against cutting timber
between tenants in common ; and in Kinder vs.
Jones, 17 Vesey, 128, where the title was dispu
ted.
The recent decision of the vice-chancellor
in Garstin vs. Asplin, 1 Madd. Ch. Rep., 150,
shows that it is not lhe general rule that an in
junction will lie in a naked case ol trespass
where there is no privity of title, and where
there is a legal remedy for the intrusion. There
must be something;:rzrZi«HZ«z in lhe case, so as
to bring the injury under lhe head ol quieting
possession, or to make out a case of irreparable
mischief, or where the value of the inheritance
is in jeopardy. The case of Livingston vs. Li
vingston, upon which the Chancellor was then
remarking, was a clear case of disputed title, and
yet lhe injunction was granted upon the above
principles.
How can it be contended that the Supreme
Court erred in maintaining the injunction in
the ease of a valuable gold mine, where the tres
passers were insolvent, and were taking away
that for which the estate was valuable, where
damages could not be ascertained at law; and
if ascertained, responded to, merely because the
defendants set up title in their answers?—
Or that they were not correct in the rule laid
down, that an injunction will not be dissolved
because the title is questioned; and, denied,
they will look into the character of the trespass
more closely? Wecannot but observe, and ob
serving we cannot but admire, the great propri
ety of tlte distinction laid down by the Court,
hptTiFAnn Qnpctinning i ho tjilp t\f
nying il by the answer, anti that this distinction
had, as it should have done, weight with lhe
Court in lhe case then under consideration. In
that case, lheanswers admitted the grant from
the Stale to lhe plaintiff, (this was responsive
to the bill, and was therefore testimony,) but
averred title in lhe defendants by deed, (this was
not responsive to the bill, and was therefore no
testimony.) The equity of lhe plaintiff’s bill
consisted in lhe averment of a grant to him for
line land. This the answer did not deny, but
admitted; bat attempted to avoid that equity,
by setting up title in the defendants. This was
the introduction of new pjatter, and according
to the rule laid down in Allen vs. Crobroft, Bar
nard, Ch. Rep. 373; Gilbert J’’or, Rom. 51.52;
Minton vs. Seymour, 4 John Ch- Rep. 498;
Hart vs. Ten Eyck, 2 John Ch. Rep. 88, 90,
would not be sufficient to dissolve lhe injunction.
This is the express doctrine ot Chancellor Kent,
in the case last mentioned.
I shall, however, return from this short digres
sion, and proceed to introduce some further au
thorities, to sho\v an injunction will not be
dissolved upon the ground that the title is dispu
ted. In Shubrick vs, (litcrard, 2 Dessays Ch.
Rep. 616, an injunction wns granted to restrain
the defendant from cutting timber and commit
ting other waste, he being in poss?ssion ot lhe
land, which he claimed by an adverse title, and
there hejnga suit pending to try lhe title at law.
In the case ot Earioi pipgal vs. Blake, 2 M 011.50,
an injunction aginst cutting timber grant
ed, although the will under which plantifl claim
ed was not established, and lhe title was dis
puted as between the devisee and heir at law.
In iMew york Co. vs. Fitch, 1 Paige Rep. 97,
it was said an injunction will lie to restrain
trespass, in order to quiet possession, or where
there is danger of irreparable injury, or lhe val
ue ot th? inheritance is put in jeopardy. An
injunction may be grapted in this country to
stay waste pemlingan action at ia*. or suit in
this Court to try lhe right: Attorney General
vs. Norwood, I Bland. 581; Coale vs. Garret
son; Flannagan vs. Gifting vs. Pew,
Ibid. 582, 583.
Many other cases could be produced, but 1
have already e (tended this review beyond my
first intention, and must hastep to a conclusion
as briefly as 1 can, and shall conclude the refe
rences to authority by citing a few paragraphs
from Judge Story. This able and accomplish
ed jurist, after a lucid examination of all the
law, and most of the authorities, both English
and American, upon this question, says:—
“The interference ot Courts ot Equity in re
straint of waste was originally confined to cases
founded op privjty of title: and for the plaintiff
to state a case in which the defendant pretended
that the plaintiff was not entitled to the estate,
or in which the defendant was asset ted to claim
under an adverse right, was said to be lor the
plaintiff to slate himself out of Court. But at
present the Courts have, by insensible degrees.
enlarged lhe jurisdiction to reach cases ot ad
verse claims and rights not founded on privily:
for instance, to cases of trespass attended with
irreparable mischief. The jurisdiction, then, of
Courts of Equity to interpose byway ot in
junction in cases of waste, may be referred to
the broadest principles of social justice. It is
exerted where the remedy at law is imperfect or
wholly denied, where the nature ot the injury is
such that a preventive remedy is indispensable;
and it should be permanent:’’ 2 Story Eq. Ju
ris., Sections 918, 919. Further, in a note to sec
tion 929, it is further remarked: “Whether it
is trespass under color ol another right actually
enisling or not, the present established course is to
sustain a bill for tips purposes of an injunction,
connecting it with an account in both cases,
(waste or trespass,) and not put the plaintiff to
come here for an account and go to law for da
mages.”
Now, in view of all this, with what pro
priety can it be urged that the Supreme
Court have erred in the decision ot the ease of
Moore vs. Ferrell and others? To what prin
ciple “ unsocial justice” can any one refer, to
support lhe doctrine, that the owner of a gold
mine, or indeed any pther property, must sub
mit to have it destroyed, without any possible
remedy, by every one who, in answer to a bill
to arrest such destruction, should merely set up
a deed executed by some person, no matter who,
to himselt |op the same property? and which
all know could be procured from a certain class
of characters, tor all the gold mines in lire coun
try. Yet such would be the result of the doc
trine contended for by the reviewer; such he
contends is the law ot the books as he finds it
written. 1 trust 1 have shown from the autho
rities that such is not the law ot the books.
The cases produced, running through many
years and comprising the decisions cf the ablest
jurists, prove it, and the conclusions ol Judge
Story, upon a lull reference thereto, is directly
to the contrary—and that, so clearly, that it dis
posed tp follow the example of the reviewer, it
might be asked, Whois right. Judge Story or
this modern Story?
There is no disposition on my part to raise
any objections against the practice of subject
ing the decisions of the Supreme Court to scru ■
tiny in lhe public newspapers ; though it such
a course has been common in this country, I
am not aware of it. There can be but one ot
two objects in an attempt to show that the court
has committed error in any of its decisions—
either to convince the court that it has done so,
and thereby induce them to decide differently in
future, or to convince the community, and there-
AUGUSTA, GA,, WEDNESDAY MORNING, DECEMBER 9, 1846.
by subject the court to the charge ot ignorance
or partiality. I do not pretend to determine
whether or not the motive in either case may
not be good ; but I must be permitted to remark
that he who shall undertake to draw invidious
comparisons between “the law of the books”
and the decisions of the court, should be able to
make it quite apparent that ho himself under
stands what lhe law ol lhe books is; and the
more especially, before he permits himself, in
so doing, to use a style in the slightest degree
approaching to bombast, or draw sneering con
clusions. 1 would also, in this connection, with
all due regard for the respectable author of the
review, remark also, in the languageot an emi
nent logician, that assertion without proof, de
clamation without argument, and censure with
out dignity, may not be the most successful
method of convincing our readers that others
are wrong, or we ourselves right; that an ar
gument loses none ol its weight, nor a criti
cism any ot its force, by being conveyed in
modest and decorous terms. I have but a slight
personal acquaintance with most ol the judges
ol the Supreme Court of Georgia, nor have 1
had lhe opportunity of examining all their de
cisions. If, however, the decision alluded to
by the reviewer be lhe most vulnerable, (as
seems lo be the opinion of the author, from
his singling that out as the object of at
tack;) it they are all in accordance with law,
as strictly as I conceive that to be, then I
conceive it may with great confidence be said,
in the language of an illustrious statesman, they
will bear the test of lhe strictest scrutiny, of hu
man talents and of time. And should any) of
those luminaries of our law, mentioned bv the
reviewer, chance to read “Kelly’s Reports of
the Decisions of lhe Supreme Court ot Geor
gia,” instead of “learning how utterly igno
rant” cither themselves or the Supreme Court
ot Georgia arc “of the first principles of the
law,” they will read them with just pride and
satisfaction, to find with what unerring strict
ness the Supreme Court have observed and fol
lowed the great land-marks so plainly laid down
by them, guided in all their march by their loot
prints.
The people of Georgia have much too long
been deprived of the advantages of such a tri
bunal, from causes not now necessary to enu
merate, greatly (as I have no doubt) to their
injury, having had much opportunity of observ
ing. I have not the slightest hesitancy in saying
that ihere are now many thousands in hands not
legally entitled to it from the want of such a
tribunal. Without it, there was not, and can
not be, that safety for life, liberty, reputation or
property which every well-governed commu
nity should have. The people are beginning to
experience its benefits, and are rallying round
it as their greatest safeguard. There is no fear
they will ever dispense with it. No state or
people who have ever enjoyed the stable protec
tion of such an institution have ever been wil
ling to do so. It is essentially the court ot the
people. There is to be found, that judgment
which lhe celebrated Edmund Burke has justly
said gives force, effect and vigor to laws; and
who further says, “Laws withoutjudgmentare
contemptible and ridiculous; we had better
have no laws, than laws not enforced by judg
ment.” Law, under the administration ol such
a court, becomes a uniform rule of action,
which all know it was not under our former
system. Delay and cost, those lorniidable bug
bears which were so long held up as objections
to it, ilis found do not exist,or ifiliey do exist at
all, in a very small degree. I have understood
all the cases have been disposed of at each court,
none remaining undecided; andsuch is the law
of its organization that the poorest individual
in the community can have as ready access to
it as the most wealthy. While, therefore, in
the words of lhe immortal Hooker, there are
none so high as to be above its reach, there are
none so low as to be benealh its protection.
Is not this what the law of every country
should be? And although this court deprives
the circuit Judges of that absolute control and
disposal of all our rights, without appeal or re
dress, which they possessed heretofore—a pow
er always dangerous to be entrusted tp a sin
gle individual— 1 am persuaded that those
judges feel, as I am sure they should, much
satisfaction in the reflection that their less ma
tured adjudications may be more solemnly re
considered, and their errots, if any, corrected.
A feeling always felt, and often expressed, by
such men as Bingham, Denman, and other il
lustrious men of Westminster.
A WESTKIIN
New York Canals Closed.—At the latest dates
from New York, the canal navigation had entirety
closed, but the weather had greatly moderated,
and hopes were entertained that they would be
opened again. An immense amount of produce
had not reached its destination.
Later from Brazos. More Troops for
Tampico.— The brig Mary Jane, Capt. Meekins,
arrived last evening from Brazos Santiago on
lhe 21st inst. Capt. Meekins reports that the
steamer Neptune was to Rave Brazos on the
21st lor Tampico, with seven companies of the
2d Regiment of Artillery, under the command
ol Col. Belden. When lhe Mary Jane sailed
the Neptune was getting up steam; five com
panies ol artillery were then on boar 4, and the
other two companies were all ready tmgo on
board, Tfie steamer Sea was also taking in a
field battery, consisting ol two fB-pounders apd
sixteen 6-pounders.
The steamer McKim arrived at Brazos on
the 19th inst. from this port, having on board the
committees on behalf ol lhe citizens of Balti
more to bring home lhe remains of the lamented
Ringgold, Watson and Ridgely.
A gcniletrian who came passenger on the
iMary Jane is direct from Camargo. He in
forms us that there is no news from the army ot
any interest.— Picayune, 2dlk ult.
Boats for the United States. —The gov
ernment has purchased lhe low pressure boal
Fashion for The Fashion will be
used wherever tight draught steamers pan be ol
service in conducting the war. Had Commo
dore Conner had this steamer at Alvaiado, we
never should have heard ol a first or second
“aboilion” in attempting to seize that port, as
lhe Fashion can cross all such bars handily.
We have been told also that tl*e Government
has pmchased lhe steamship Alabama, andlhe
price named is $75,000. Both the Fashion and
the Alabama have just been put in lhe best
state of repair at a great expense, it is satis
factory to know that the Government has suc
ceeded in procuring two steam vessels ot lhe
most serviceable description.— 2Bth ult.
Mn. Clay is to be presented by some young
men of Auburn, with a chair, described as re
markably beautiful, convenient and ingenious.
It is not only designed as a chair of the most
comfortable construction and perfect workman
ship, but is a perfectly finished writing desk,
containing several drawers for paper, &c., ink
stand, gold pen, paper folder, sealing wax, sand
and water boxes, a knile, an agate seal, and
any other necessary article tor w riting. The
back, seat and arm ’, of the chair are covered
with the richest figured demask silk. Every
thing about it is ot American, manufacture.
Prom the N. Y. Herald Extra, Sunday, Nov. 29.
Probable Loss of Ship '/.eiiobia.
By the following extract from the log book of
the brig Mary, Captain Nori is, twenty-eight
days from Galveston for this port, which put
into Newport in distress, on the 27th inst. we
tear that the ship Zenobia, Capt. Kinney, clear
ed from this part on the 23d inst. by N. L. &
G. Griswold, and sailed on lhe 23d lor Liver
pool, loaded with flour, grain, &c. was lost in
the recent severe storm.
Extract from long book of brig Mary, Nov.
24th, Sandy’ Hook bearing NW. about 75
miles:—“At 9 P. M., saw a ship to leeward,
showing a signal ot distress; ran down to her,
and found it was the ship Zonobia, from New
York to Liverpool, leaking badly, and both
pumps choaked, bound back to New York;
was requested to keep company, lor fear she
would go down; did so. Wednesday, 4 A.
M. took the wind from the SE , still in com
pany with the ship, with all sail set, steering
WNW.; and at 2 P. M, the wind had in
creased to a gale, and hove too; the ship did
lhe same,about halt a mile astern, and 2 P. M.,
lhe wind moderate, with light wind, we still
within one mile ot each other; at 5 P. M , took
the wind from the NW., the ship still coming
alter me; at BP. M. lost sight ot her, wore ship,
and stood to the SW.; at 8) saw the ship to
leeward; set a light but could get no answer; it
then blowing a gale from the NW., and we ly
ing too under fore topmast staysail and storm
spencer, the sea making a complete breach over
us, we being then in 22 lathoms water.
This, it will be recollected, was before the
heavy gale of the 2qth, which, if she encounter
ed, while in the situation described above, we
fear it is but too certain, that she is lost. We
trust, however, she may have fallen in with
some vessel, which has taken offthoseon board.
Rather Pointed. —The New York Herald i
makes the following thrust at the diplomacy of
Mr. Polk and his Cabinet:
“It is thought that Mr. Polk, in his nextmes- I
sage, will insist on our right to all Mexico as |
“clear and unquestionable,” as a means ot
making a good arrangement by the partition of i
territory.’’
A Hard hit at Somebody.—A Boston paper
shrewdly remarks that “ it is astonishing that peo
ple who are so far sighted as to amass fortunes by
selling beef and crockery should be so near-sighted
as to require an opera glass.”
The Emperor of Russia lately condemned a rich
Russian general at Warsaw, who imposed upon the
daughter ot abolish nob.emao by a false marriage,
to give her all bis property, and dismissed him from
office.
FRIDAY MORNING, DEC. 4, 1846.
From the FedcralTJnion of the LZ instant.
“Congress will meet under circumstances of
peculiar interest. Whig representatives, when
that body adjourned, confidently predicted the
worst of evils, as the result ot the measures that
had been adopted. The reduction of the tariff,
the ware-housing system and the independent
treasury, they boldly affirmed, would be follow
ed by lhe prostration of our domestic manufac
tures, an immense diminution of the revenue,
the exportation of specie, the failure of alt
banks, the derangement of currency, and indeed
by all the evils..of which the imagination can
form any conception. That their predictions
mightbe realized, theflhave not been wanting
in their efforts to aid in their fulfilment. A
systematic plan was adopted, to excite and a
larm the public min I. All the usual machine
ry was put in operation to create a panic. But
in despite of all, prosperity—that prosperity
which :he democracy anticipated as consequent
upon their measures, has prevailed, capitalists
have still been eager investments in
manufactures. Their profits have been dimin
ished, but they ate Sflll’sufficiently ample, not
only to sustain all the factories that have exist
ed, but to induce the erection-' ot others. No
forges have ceased qjfcj£(asli>. no spindles have
been stayed in thefts ' fitii this is not all,
produce ot all kinds has advanced in price
manufactured articles of most kinds have f al
len, the exports of the country have immensely
increased in extent and variety, lhe shipping of
the country is actively and profitably employed,
and specie in large quantities iseveryday being
imported, placing our banks in a stale ot se
curity which they have not for many years en
joyed. What with the legislation of the last
Congress, and the reciprocal free trade adopted
by the British government, our whole country
is this day in the enjoyment ol a slate of pros
perity, which is almost unptecended. How
completely have all the predictions ot the whigs
failed in their fulfilment? On the other hand,
how fully have all the anticipations of the De
mocrats been realized?”
The Federal Union, in lhe above, enumer
ates some of the blessings of lhe new Tariff, lhe
Warehouse system and the Sub-Treasury, as
if all ot those acts had already been in fullope
ration and had proved their value by the results
of experience.
So far from such being the case, the new ta
riff went into operation on the very day that the
Union published the above precious account of
the happy effects produced by it upon lhe inter
ests of the country. We think it would puzzle
that paper to produce any good results which
have followed the enactment of the warehouse
law, and, as to the Sub-Treasury, even the
Democrats themselves have staggered in their
faith, not alone with regard to its benefits, but
even its practicability.
The difficulties of lhe scheme have already
exhibited themselves, though it has only been
put in partial operation. We will see them in
their full glory, when gold and silver shall be
demanded in payment for public lands, posta
ges, and all duties and dues to the Government,
as required to be, after lhe first day of January
next.
If the mere passing of laws, by a Democratic
Congress, can effect such immense good, we
shall certainly have something like apolitical
millenium when they get fairly into operation.
We do not wish to renew our views and opin
ions ol these questions, now, to lhe attention of
our readers. We prefer to await their operation
and let experience proye them.
Our cotemporary of lhe Federal Union, cer
tainly is disposed lobe very fair in saying that
Vv hig prophecies ot the effects ol certain mea
sures have proved false, when those measures
have not yet been tried.
stand our uvi<?eht 0 i r ro I ni' s tHe < lo'i
lowing: “But in despite ot all, prosperity—that
prosperity which the Democracy anticipated as
consequent upon their measures, has prevailed,
&.C.”
This is really an amusing conceit of lhe
Union, and would pass better than it will if lhe
people were considerably less intelligent than
they are.
We have heard of curing diseases by imagi
nation, but to effect political reforms by inoper
ative enactments, is something more curious
than that. Perhaps this is a part of the new
Philosophy of “progression7 There may be
more in it than we know of. The quality ofthe
argument, may be relieved of lhe ridiculous by
its sublimity and mystery I
We opine, however, that lhe Federal Union
will have to hold back a little, and Jet prophecy
be teste*! fairly by experiment. Joe Smith, the
Mormon, we think it was, who said he could
walk upon tfie water without sinking, and when
about to be put io the test, told lhe people, that it
they would only believe he could do it, it would
be lhe same to them as if he did. Perhaps lhe
above was intended by the Federal Union to
be taken in the satne sense; by its Democratic
readers, at least. Certainly the declarations
of Joe Smith and the Federal Union, were both
founded upon pretentions, which were not true,
whether they were playing the parts of impos
tors or pol.
The Federal Union is mistaken. We think
several factories have slopped in anticipation of
the consequences to follow the new tariff.
The greater part of the “machinery put in
operation to create a panic” was set to work by
the Democrats themselves. There were, evi
dently, more symptoms ot panic in Pennsylva
nia, than any where else, and if the “panic”
among the people of that stale has nol produced
a panic among the haptfulleaders of Democracy,
they can stand with firmness, a pretty ugly mist,
to avoid the use of the frightful word “storm,”
which met Democratic voters going to the polls
and blew them away, or freightened them so
bad that that they could only look out through
their windows on the day of the electiop.
We can saj' one thing about the realization
of Whig predictions, ft was predicted by the
Whigs, that the measures of the Democrats
would blow their party up. This prediction has
been fulfilled in part, and will be heregftej, car
ried fully out, or appearances are more than
commonly deceitful.
Aufi-Rcntisni“'>r- Young and Mr. Gar
diner.
The Constitutionalist, a few days since, as
serted that Mr. Young, the recently elected
Governorof New-York, “accepted the nomi
nation of the Anti-Renters, ran as their candi
date, and made pledges to them with a view to
securing their support.”
We think the editor ol the Constitutionalist
must have been mistaken in reference to Mr.
Young. We are aware that Mr. Young, and
Mr. Gardiner, the Democratic candidate for
Lieutenant Governor, were both nominated by
the Anti-Renters, but we were of the opinion
that neither accepted the nomination.
We have seen it stated on various occasions,
that Mr. Young gave no pledge tq the Anti-
Renters and did not even accept their nomina
tion.
Both Mr. Young and Mr. Gardiner were
voted tor by them, and judging from that fact
alone, it would be as proper to say, that Mr.
Gardiner was their candidate as Mr. Young.
Perhaps the Constitutionalist has informa
tion upon this subject which has escaped our
observation. Was he mistaken or not, in the
| above assertion 1
I The Washington Union says:
| “ The anti-war Whigs may abuse President
Polk; but be is the ‘ noblest work ot God’—a
natural man, independent of polish.”
Upon which the Lagrange Chattahoochee makes
the following comment:
"And all good lexicographers inform us that
I a "natural" is a being without sense—an idiot,
by birth. Hurra! then—go it, Democracy
“ the more fool the more fun.”
The Whigs ot Halifax County, N. C., held
a meeting, a few days since, and nominated
Henry Clay tor the Presidency.— Carolina
Watchmen.
The famous Captain Tobin, the author of the
amusing correspondence recently with the war de
partment, is raising a company of volunteers for
the war.
If the Captain again enters the service, and ins
accounts should fail to balance, the department
should endeavor to avoid the consequences of
“speaking too late."
The Call for Volunteers.—The late call for
several additional Regiments of Volunteers was
heralded in the government paper of the 16th of
November. From the following Letter to a citi
zen of Kentucky, which comes to us iu the West
ern papers (says the National Intelligencer) we
learn that the change in the policy of the Adminis
tration in regard to the Mexican War was even
more sudden than we had supposed. Only Jive days
before the call was made, the Secretary of \V ar was
not aware that “the exigency of the war” was
likely to render a further call for Volunteers neces
sary :
War Department, Nov. 11, 1846.
Sir:—ln reply to your application of the 2d
instant, to raise a company of volunteers to be at
tached to the 21 regiment of infantry from Ken
tucky, I have the honor to inform you that it is
not contemplated to fill up the regiments that
have been reduced; but should the exigency of
the war render a further call for volunteers neces
sary, due consideration will be given to your pa
triotic offer. Jt is proper, however, to say that the
amount of forces already in service is deemed suffi
cient for the prosecution of ttsejqaT.
Very respectfully, your obedftut seivant,
W. L. MARCY, Secretary of War.
B. F. Purdam, Esq., Standford, Kentucky.
From Brazos Santiago.— The brig Will,
Cant. Decker, arrived at this port yesterday,
, s°'? 1 .. t U lzos Santiago, having sailed thence on
the 23d inst., two days later than our former
advices. The Will brought no mail, as the
McKim was to leave the same day and lhe
mails would doubtless be reserved for her; but
we have the American Flag of the 14th inst.,
thanks to Capt. Decker, which is three days la
ter than we have before seen.
They had heard in Matamoros ofthe surren
der of Tampico, but were half inclined notto be
lieve it.
The I-lag announces that on the llth inst.
the Tennessee cavalry, numbering nearly 900
men and horses, under the command of Col.
Thomas, marched through the streets of Mata
tncrosfrom their encampment on the river to a
new encampment lour or five miles south ol
that place on the San Fernando road. Capt.
Hayne’s company had been temporarily de
tached from the regiment and placed in quar
ters on the upper plaza of the town.
The Flag informs us that Gen. Taylor has
been compelled to throw into prison a priest
detected in preaching desertion to the Ameri
can troops. The Flag has little mercy on
him.
We take from the “Flag” the following ac
count of a smuggling fraud attempted on lhe
Rio Grande:
We are gratified to learn that from informa
tion given in our last an extensive fraud on the
revenue ot our Government has been detected.
It has been ascertained that lhe freight landed
from the steamer Enterprise was consigned to
Mr. Uhde, the Prussian Consul at that place,
and was brought from Havana in the Star, an
American schooner, which obtained a permit
from lhe collector at the Brazos to land the
goods on the Mexican side of the Rio Grande
Iree of duty. A portion of the goods were ac
cordingly sent up here, and lhe steamer had re
turned lor lhe balance, when it was discovered
that there was an irregularity in the transaction.
Lieut. Chase, the quartermaster at this place,
with his usual promptness and independence,
succeeded in ferreting out the matter, and all
the goods that have been found are strictly
gqgrdpd and under seal until the arrival of Mr.
G. S. Cook, the collector at Brazos, when a
more thorough investigation will be made. The
cargo is valued at $900,000.— N. O. Pic. 20th
ult.
Tme G° v e r nmen t of New Mexico.—The or
ganization of a territorial Government in New
Mexico appears to be complete. The names of
the principal functionaries, executive and civil,
have been announced. The following from a St.
Louis paper relates to the judicial organization of
the Territory i
We have already announced the appointment of
a whole batch of civil officers to carry on the go
vernment of the territory of New Mexico. A
letter from a friend in.lhat territory, dated on the
oTlWftr'Ymy'W’w citTKiirrae
Supreme Court for the Northern district of New
Mexico, and of William C. Skinner to be clerk of
the Supreme Court for the Central district. Both
of these gentlemcp left this city volunteers in
the war, and both are very well qualified for the
appointment. Beaurien is the judge of the North
ern District, composed of Taas, the valley, and the
towns on the Rio Del Norte, north of Santa Fe.
To Otero is assigned lhe Central district, which
includes San Domingo, San Felippe, and as far
down as Alguadouis. Judge Haughton’s district
is styled the South-eastern, and commences at the
Rio Revia on th? noitu, aud includes Pecos, San
Mjguel, Santa Fe, &c.
Substitute for Mesmerism. —One of the
Surgeons ot the Massachusetts Hospital, Dr.
Bigekw, read a paper before lhe Boston Socie
ty for Medical improvement, on lhe 9th inst.,
announcing a discovery of great interest. It is
a method of mitigating pain in surgical opera
tions by the inhalation of certain ethers. Dr.
Moronol Boston first called his attention to it;
and though a similar process does notappear to
have been entirely unknown to lhe medical
faculty in former limes, yet nothing like cer
tainty was obtained in the results ot lhe old
methods. A great many experiments have
been made with lhe new, however, in all of
which the attempts toperform important opera
tions without inflicting pain on the patients were
completely successful. Many ol these are de
scribed in Dr. Bigelow’s paper, of which the
following are specimens:
A boy ot sjxteep of stature and
strength, was seated in lhe chair. The first few
inhalations occasioned a quick cough, which
afterwards subsided; al lhe end ol eight min
utes lhe he<ad fell, and the arms dropped, but
owing to some resistance in opening the mouth,
the tooth could not be reached before he awoke.
He again inhaled for two minutes, and slept
three minutes, during which lime, the tooth, an
interior molar, was extracted. Al lhe moment
ot extraction tfie features assumed an expres
sion ol pain, and the hand was raised. Upon
coining to himself he said he had had a “first
rate dream—very quiet, and had dreamed ot
Napoleon—had not the slightest consciousness
of pain—lhe time sepmed lorq;;” and he left lhe
chair, feeling no uneasiness of any kind, and
evidently in a high slate ol admiration. The
pupils were dilated during lhe state of uncon
sciousness, and the pulse rose from 130 to 142.
A girl ot sixteen immediately occupied lhe
chair. After coughing a little, she inhaled
during three minutes, and fell asleep, when a
molar tooth was extracted, alter which she con
tinued to slumber tranquilly during three min
utes more. At the moment when force was ap
plied she ninched anti frowned, raised her hand
to her mouth, but said she had been dreaming
a pleasant dream and knew nothing of lhe ope
ration.
A stout boy oftwclve, at lhe first inspiration
coughed considerably, and required a good deal
of encouragement logo on. At the end ot three
mi pules irom the first fair inhalation, the mus
cles were relaxed and the pupil dilated. Dur
ing the attempt to force open his mouth he re
covered his consciousness, and again inhaled
during two minutes, and in the ensuing one
minute two teeth were exltacted, the patient
seeming somewhat conscious, but upon actual
ly awaking he declared “it was the best fun he
ever saw,” avowed his intention to come there
again, and insisted upon having another tooth
extracted upon the spot. A splinter which had
been left afforded an opportunity of complying
with his wish, but the pain proved to be con
siderable. Pulse at first 110, during sleep 96,
afterwards 144 > pupils dilated.
The next patient was a healthy looking mid
dle-aged woman, who inhaled the vapor four
minutes; in the course ot the next two minutes
a back tooth was extracted and the patient con
tinued smiling in her sleep for three minutes
more. Pulse 15)0, not affected at the moment
of the operation, but smaller during sleep. Upon
coming to herselt she exclaimed that “it was
beautitul —she dreamed of being at home—it
seemed as if she had been gone a month.”
These cases, which occurred successively in
about an hour, at the room of Dr. Morton, are
fair examples of the average results produced
by the inhalation of the vapor, and will convey
an idea ot the feelings and expressions of many
of the patients subjected to the process. Dr.
Morton states that in upwards ot two hundred
patients, similar effects have been produced.
I’he inhalation, alter the first irritation has sub
sided is easy, and produces a complete uncon
ciousness at the expiration of a period varying
trotyl two to five or six, sometimes eight min
utes; during whiph the patient is completely
insefisible to the ordinary tests of pain.
On Saturday last, at the Merchants’ Hotel, Phila
delphia, Judge Wagonseller, of Union county,
Pennsylvania, underwent one of the most severe
and dangerous operations known to surgery. He
had been suffering from an enormous tumor upon
his left shoulder, which war rapidly destroying his
vital powers. The operation was performed by
Dr. D. Gilbert, Professor of Surgery in Pennsylva
nia Medical College, and consisted in th? removal
of the entire arm and shoulder, including one-third
of the collar bone, and a large portion of the should
er blade. We are glad to learn that the patient is
doing well, and that, by this unparalleled surgical
operation, his valuable life will not only be saved,
but that it is probable he will be able to attend to
his duties as the Representative of his district at
the ensuing session of our State Legislature. —U.
S. Gazette.
Pn<m the New Orhans Picayune, of Nov, 28.
LATEST FROM THE ARMY.
Monclova and Chihuahua Taken—Expedi
tion against Victoria—March ot the
American Forces upon Saltillo.
The steamship McKim, J. B. Peck, master, ar
rived last evening from the Brazos, which place
she left on the 24th inst. The McKim brought the
mail and a large number o( passengers. Amongst
the latter are Majs. McLean and Graham, bearers
of despatches from Gen. Taylor, and Capt. G. T.
M. Davis, bearer of despatches fiom Gen. Wool.
On the 19th inst. it blew a gale off the Brazos.
The schooner William Bryan and barke Robert
Morris were caught in it. The former stove her
bulwarks and lost her deck load of mules and
small boats. The Robert Morris also threw over
board a part of her deck load of mules. Several
schooners dragged their anchors off the bar and
put to sea; they had not returned when the McKim
left. The schooner John Wainwright, of New
York, was lost with all her cargo in the Brazos.
The McKim experienced very heavy weather on
her return voyage and lost overboard Chas. Muller,
ot Baltimore, of the Texas Rangers, and
Churchill,oae of Captain May’s U. S. Dragoons.
It blowing a gale at the time, and it being dark and
rainy, no assistance whatever could be given them
—they both perished.
On the 21st inst. seven companies of artillery,
in all 674 men, were despatched from the Brazos
with a good supply of ordnance and ordnance
stores, in the steamers Neptune and Sea, to Tam
pico. “These troops,” says our correspondent,
“are intended to relieve the navy which took and
still holds possession of that place. This will give
those gallant fellows an opportunity, which they
much desire, to go further and conquer more.
They have not yet half told their tale.’ ’ The en
tire force sent over to Tampico was under Colonel
Cates of the artillery,who, we presume, will take
command ot that port.
We have been furnished with the following nar
rative of the proceedings of Gen. Wool. Our last
advices informed us that Gen. Taylor had sent a
message to General Wool requesting him to des
patch a portion of the forces under him to Mon
clova, and that before the message reached the
General, he had determined to march upon that
point with his whole command:
“Captain G.T. M. Davis (aid to Gen. Shields)
reports that Gen. Wool took peaceable possession
of Monclova on the 30th October. The Governor
and a number of the principal citizens formed an
escort and met Gen. Wool about four miles from
the city and welcomed him as a friend. One of
the best houses iu the place was offered to him for
his head quarters—which offer was accepted.
Gen. Wool’s army, numbering 2600 men, was in
excellent health and spirits. The country through
which it passed is described as aboundihg in
wheat, corn, beef, mutton and every necessary
means of subsistence, which could be had at rea
sonable prices. Capt. Davis reports that corn is
raised in quantities and of a quality surpassing
any thing he had before seen, and that the climate
is delightful and the country generally very beau
tiful, fertile and watered with numerous steams
Gen. Wool marched from the Presidio del Rio
Grande to Monclova, a distance of two hundred
and leur miles, in eleven marching days. He took
along with him forty days’ provisions for his col
umns, and another train with an equal amount
was a few days in his rear. These were the last
supplies lie expected to receive from Port Lavacca,
as he designed opening communications with Gem
Taylor for receiving future supplies.”
News was received at Monclova on the 2d inst.,
that Col. Doniphan, of the Missouri volunteers’,
who had been detached by General Kearney, at
Santa Fe, for that duty, had taken the city of Chi
huahua, with 700 men. He entered the place
without impediment—the town having surrendered
without a gun being fired, as we always said would
be the case.
Colonel Riley, of the 3d Infantry, has been or
dered to march with the whole ol his regiment up
on Victoiia de Tamaulipas. He had left upon that
service when our informant left Camargo.
Upon the arrival of despatches from the United
States Government ordering an end to be put to
the armistice, Gen. Taylor despatched Major Gra
ham to Saltillo to confer with lhe Mexican camp
and inform them that each party was at liberty to
act as it might think fit. Not an officer nor a sol
dier was to be seen at Saltillo. Major Graham
had an interview with the (iovernor and informed
him that the armistice was at an end, and request,
ed him to despatch the intelligence tu the Mexican
commander-in-chief at San Luis Potosi. The Go
vernor desired Major Graham to proceed to San
Luis and deliver his message; but that officer’s
instructions being peremptory he returned to
Monterey. When Maj. Graham left Monterey on
the 16th inst., Gen. Worth was under orders to
move against Saltillo. He was to have left the
GwuuoU.Tairlnr intended tn ismmtono
turn again to Monterey, leaving General Worth
there. No resistance was anticipated from the
enemy,
Our letters continue to speak of Santa Anna’s
preparations at San Luis Potosi. It was reported
that he had collected 30,000 men; but this was
considered by many an exaggeration. General
Worth’s division yet occupied the city of Monterey,
but was about leaving for Saltillo. Gens. Twigg’s
and Budei’s commands were in camp outside the
town. Wc insert a letter from one of our corres
pondents, which contains valuable information:
Camargo, Nov. 7, 1846.
Gentlemen — Military enthusiasm van high yes
terday morning, in consequence of a rumor that
the President had authorized a movement from the
army here towards Tampico, but ’ere nightfall the
fire had dampened down in consequence of our
learning that some of our people had “come down
in ships”and performed that important operation.
I think there is no danger of a colapse, as wc can
yet work off steam to advantage on the expected
march of Gen. Taylor on Saltillo; the President
having vetoed the armistice and given Gen. T.
authority to go ahead, jt is supposed he will with
out delay march on Saltillo.
A rumor (which J do not vouch for, but which
is not only possible but probable) says that another
revolution has broken out in Mexico. The Santa
Anna party declared him Dictator—anfi-Santa
Anna (headed by Valencia) demurred, turned their
arms against the Dictator, and drove him and his
party from San Luis Potosi; aqd that the Dictator
was falling bapk in the direction of the city of
Mexico. This was a ver}* natural route for him
to take, were he driven from his lines at San Luis,
considering the position of affairs in this section.
The people here are talking strong of a Territo
rial Government, and 1 think they are more serious
about it since Gen. Kearney’s proclamation has
been known among them. I cannot see the least ob
jection to the course Gen. K- has pursued, and the
good sense of the Amei ican people will sustain him.
Closet politicians know nothing of these people.—
Confidence and sympathy are thrown sway upon
them. Not an Indian chief who roams at large
through his boundless plains and hills—without
example to guide him, without Jaws to make him
honest —that is not more sincere, in whom more
confidence cannot be placed, than in Santa Anna,
Ampudra or Mejia. And our Government will see,
from the material she has got to work upon, that
she must change her conciliatory policy for one
more rigid, more conciliatory. Things have chang
ed since we came here, or else at that time were
but littJe understood. The people are not ready
to fly into the arms cf our Government at the fire
of the first gun, but the reverse. Th® military as
pirants are prevented by their people from making
a peace with the United States. Ido not believe
there is a single pulsation of their hearts, unless
from interest or fear, which is with us ; nor can
any man whose views or opinions are favorable to
us rise to power or retain it long without a revo
lution. Why, then, sprinkle ‘‘pearls before
swine ?”
The steamer Major Brown, which went up the
Rio Grande on an exploring expedition, has arrived
at Loredo, from which Lieut. Tilden, 2d Infantry,
in charge of the expedition makes report. He reports
favorably generally of the depth of water for boats
drawing four or five feet; but the channel, in many
places,crooked, in others filled with limestone rocks
which “ stick right straight up,” (easily removed,)
and frequent rapids —all of which the Brown pass
ed over and arrived safe at Loredo.
Yours, &c., F.
The McKim left at Brazos the U. S. brig Somers
and schooner Arispe, loading for Tampico. They
would soon leave with one other company of reg
ulars, provisions and munitions of war. Off Bra
zos Santiago discharging, were the ships John Hol
land and Atlantic, bark Robert Morris, brigs Archi
tect, Union and Millaudon, and schooners William
Bryan and Elizabeth. The iron steamer De Ros
sett had also arrived.
The following passengers came in the McKim :
Majs. McLean and Graham, bearers of despatches
from Gen. Taylor; Capt. G. T. M. Davis, bearer of
despatches from Gen. Wool; Maj. Carnes,U. S. A. ;
Col. McCook, U. S. A.; Col. Cazenau, U. S. A.;
Capt. J. M. Scott, U. S. A.; Capts. Hughes,Mason,
Kell, Lillard, Tod, Porter, Kemp, of schooner J.
Wainwright, J. McMann, Rodgers, Breath, of
steamboat Rainsville, Davis, Bell, and Templeton ;
Lieuts.Cable, R. G. Mitchell, and W. H. Niles;
H.G. Heartt, A. J. Ilediick, F. C. Humphreys,
Hamilton, W. H. Saunders, P. A. Jnnes, Charles
Uhde, Kennedy, Sherman, O’Reiley, O. Yerger, J.
Dale, and 150 discharged and sick volunteers.
Pbefarxxg to co Home.—The Nashville Ga
zette of the loth, says:
It is understood, ami we suspect it is not far
from being true, that President Polk has, through
a friend here, purchased the fine residence of the
late Judge Grundy in this city. We suppose it
would be safe to add that the signs of the times
indicate, that after the 4th of March, 1849, Nash
ville will hare another distinguished citizen.
Expensive Courting.—At the late term of
the Fairfield County Court, in Connecticut; a
man was mulcted in SBOO damages lor not
keeping his promise of marriage to a lady. He
had visited hei every Sunday evening for about
two years—thus snaking bis courtship cost
about eight dollars an evening.
The Troy Whig of Saturday says that the
snow is about eight inches deep on a level; it
is also much drilled.
Cider.—Here (says the Philadelphia Chronicle)
is a receipt, worth to farmers the price of our pa
per fora year: Take a pint of pulverized charj
coal and put U in a barrel of new cider, and the
cider will never ferment, never contain any in
toxicating quality, and become more palatable the
longer It is kept
JIUGUSTJIy (iA.:
SATURDAY MORNING, DEC. 5, 1846.
Disresard of the People’ll Will.
“ The Democratic party have taken their
stand upon it, and cannot retract. Their ranks
may be thinned somewhat by lhe protectionists
among them going over to the Whigs, but on
Free Trade and the Tariff of '46 the Democra
tic party must conquer or die. We have al
ways said, and say so still, that the party which
distinctly avows the doctrine ot Free Trade,
must carry the country and the world. Before
Mr. Polk’s term of office expires, to oppose the
'tariff ts ’46 will be as useless as to oppose lhe an
nexation of Towns or Louisiana. But it-this
were not so, the party must stand by their flag,
unfurled, and il they do, both the President and
Senate, it not the House, will be impregnable
barriers against any back track in political
economy.”
Thus discourses the New-York Journal of
Commerce. We have nothing .o say about
the uselessness of opposing the Tariff of 1846.
The late elections have (afforded some evi
dence that opposition to the measures ofthe ad
ministration was not altogether a vain thingl
We question if Mr. Polk, and a good many
other democrats in high places, have slept as
sweetly as before they took place.
But we notice the above for another purpose.
Read the last sentence again. There it is un
blushingly boasted of, that the Senate, being
democratic, can defeat the wishes of lhe peo
pie, as they may be shown by the acts of their
representatives in the House.
All the Whigs may go for an alteration of
the Tariff of 1846—tens of thousands ot De
mocrats may unite with them in the wish and
the effort to effect it; but there stands a rnajori
ly in the Senate; and if that body should yield
there is the Presidential veto power, to be inter
posed as an impregnable barrier.
This, then, is Dsmocracy: not that lhe
wishes of the people shall be carried out, but
that mere party shall triumph, and triumph
too, by the one-man power. Mr. Polk or any
other President is to be set up against the people.
The existence of this power is gloried in by a
Democratic journal.
Will not the people think of this? Will not
the Democrats think of it? Oneof the pretend
ed cardinal principles, indeed, the very lile blood
of democracy, as professed, is, that the majori
ty shall govern. See how Democratic leaders
conform to it in practice. They are willing
to let majorities govern, if they secure them
the spoils, if they keep the reins of power in
Democratic hands: but the moment the Whigs
have the least prospect of success, they are tor
any measures or schemes that may defeat
them.
The Journal of Commerce talks ot the “draw
back in political economy.” The people mus
be guarded against their own ignorance and
stupidity by lhe veto power! Have they not as
much right to judge of the wisdom of measures
as the Journal ot Commerce or James K. Polk ?
Is Mr .Polk clothed with the veto power, to be their
master? The back track! what sort of a move
ment is the Sub-Treasury movement? Does
not that movement retrace the long back track
of at least a century? A hundred years ago
a gold and silver currency would not have
shocked the senses of business men. The Pre
sident will be driven from power by such a
“discharge” as will make his “sage retreat”
any thing but a home of quiet triumph. His
laurels will hang withered and colorless before
him, to remind him of his ignoble career. Let
will “ haste to their setting” to make room for
purer and brighter srars.
“On Free Trade and lhe Tariff ot '46 the
Democratic parly must conquer or die.”
The sentence of death has already been
passed upon it!
“Can the Democracy, contemplating the
prosperity that exists everywhere around them,
be driven Irom their steadfastness? Can they
be induced to abandon their principles? Let
the tempest roar, let the storm come—they will
stand
c ‘ Lik. «n unmov.d rock,
Wa.hed whiter, but not shaken by the shock.’ ”
We cut the above from the Federal Union of
the Ist inst. We thought Democracy did not
stand “like an unmoved rock” on the stormy
days ofthe elections in Pennsylvania and New-
York! It might have been washed “while,”
perhaps it needed that. One thing is quite cer
tain: whetheritwas "shaken by the shock” or
not, it looked “considerable small” after the
storm blew over, to what it did before.
“Can they be induced to abandon their prin
ciples?” Why, the Tariff democrats were in
duced to vote for Mr. Polk, by his pretending to
go for their principles. In the recent elections,
they only sustained their principles by voting
against the friends of a political impostor.
They rebuked fraud, as they should have done,
and deserve a monument for their spirit and
virtue. Other tempests will roar, and other
storms come, that will wash democracy much
“ whiter” than the late showers in New York
and Pennsylvania.
Whether the rock ot democracy was unmov
ed or not, by the storms and tempests, some ot
it is gone. It neither looks as big, nor is as big,
as it was. We should think that the splitting
of it moved il a little. We have some evi
dence of it in the above pathetic exhortation ot
our Milledgeville cotemporary.
It will do no good. The great mass ot the
democrats will not sanction premeditated de
ception, political pillage and robbery. They
will scorn it, as well as whigs, and when the
award is made, a fiery retribution will consume
the guilty.
Georgia Railroad.
The passenger train will leave the Depot at
7 o’clock, P. M., on and after to-day.
Bulwer’s Last.
Mr. Grenville has laid on our table "Lucretia,
or the Children of Night," by this popular wri
ter of Romance. We have not had leisure
to even glance at its contents, but the reputa
tion of lhe author is a sufficient guarantee to
the readers of fiction, to secure for it an exten
sive sale.
Our Book Table.
Mr. Richards has laid on our table No. 13 of
Harper’s “ Pictorial History of England,” and
Nos. 123 and 123 of their Illuminated and Il
lustrated Shakespeare.
Likeness and Biographical Sketch or the
Hon. J. M. Berrien.—We are informed (says
the Savannah Republican) that a number of
lhe American Review, soon forthcoming, proba
bly the Januarjr one, will contain a good en
graved likeness of our fellow-citizen, Senator
Berrien, accompanied by a biographical sketch.
“Honor to whom honor is due.”
Mr. Ritchie seems determined, says the Sa
vannah Republican, not only to demolish the
Whig party, but to blot out its very name.—
With about the same regard lor truth, though
with a little more intelligence than the sapient
Editorof the Federal Union, lhe venerable or.
gan-grinder thus expostulates with one ot his
cotemporaries-:
«II our cotetnporary ofthe Chat lesion jour
nal would discard the terms ‘Whig and Whig
ery,’ and substitute lhe more appropriate de
nomination ot Federalist and Federalism, as we
propose to do, it would, perhaps, be more truly
descriptive of lhe character and principlesol the
Opposition papers.”
No wonder Father Ritchie andhia colabor
ers are sick of tbe name of Whig; for ever
since they passed the Tariff act of the
word cannot be uttered without suggesting the
term TORY as applicable only to tlxose who
discriminated against American labor. Their
consciences trouble them, therefore they strive
to fasten an odious name upon their opponents,
the force of whose principals they cannot with
stand.
VOL.X.-NO. 50.
For the Chronicle and Sentinel.
Legal Decision.
At the Iste Superior Court of Burke County, s
very importsnt que.tion came up for decision, in the
case of Jones vs. Whitehead.
Hamilton, Reynolds and the defendant were the
joint and several makers of a promissory note,
payable to the Plaintiff—the last two being sure
ties for the first. Reynolds died, and the Adminis
trator on his estate required Plaintiff to proceed tv
collect the note, which he failed to do within three
months, whereby the estate of Reynolds was dis
charged, under the act of 1831. Hamilton after
wards died, and suit was brought to recover the
amount due on the note from the defendant.
Under the above state of facte, it was contended
by the defendant that he was discharged, because
the Plaintiff had allowed the defendants’ claim for
contribution to be lost by the discharge of Rey
nold's estate, thereby changing defendant’s rota
tions without his consent; and further, that the
discharge of one surety was a discharge of both.
Judge Gamble charged the jury in favor of the
defendant, upon the points taken by bin, and a
verdict was rendered accordingly.
An appeal was entered by the Plaintiff. The
case will be tried before a special jury, and iu all
probability will find its way to the Supreme Court.
The question, however novel here, has been de
cided in Virginia and Alabama, as Judge Gamble
has decided it: (Wright vs. Stockton, 6 Leighs'
Rep. 153; Towns vs. Riddle, 2 Alabama Rep. 694:)
and in England, where uo statute like ours exists,
the principle relied on by the defendant may bo
considered as sustained by the cases (among others)
of Cheatham vs. Ward, 1 B. & Puller, 630; Nichol
son vs. Revil, 31 Eng. C. L. 166.
Deaths at Matamomos. —We copy the follow
ing list of deaths in the General Hospital at Mata
moros, since Ist November, 1846, from the Amer
ican Flag of the 18th inst.:
L. P. Callagan, Tennessee cavalry; Charles
Fough, Ist regiment artillery, company H; D.
Lemmon, Ist regiment Indiana volunteer company
G; Z. Haynes, 3d legiment Illinois volunteers
company A; Paxton,rejected recruit of Ist artil
lery; W. W. Campbell, Ist regiment Georgia vol
unteer company I; John Reynolds, Ist Mississippi
volunteer company D; C. T. Davis, Ist Alabama
volunteer company; Mich. Burke, 7th regiment
infantry, company F; Eli Robinson, 3d Ohio Vol
unteer company.
The sicknessjalong the whole line of the Rio
Grande this summer and fall has been represented
as very severe. Not less than fifteen hundred men
has it made its victims.
A correspondent of the N. O. Delta, writing
from Camargo, says:—“l should think from tbe
looks of the hospitals here, that’not less than 1400
or 1500 persona were on the sick list; nor is tbe
sickness confined to our own poople, for a gentle
man who lives beie told me that from three to five
persons—natives—die daily from fevers, children
seem to be the greatest sufferers."
Departure of Gen. Scott for Nxw Or
leans.—TheN. Y.Courierof Monday,evening
edition, says:
Major General Scott, accompanied by his
aid-de-camps, Lieut. Scotland Lieut. Williams,
and by Major Smith of the Corps of Engineers,
proceeded this (Wednesday) morning by the
packet ship Union, to New Orleans, en route
for Mexico, there to assume the command of
the army and its ulterior operations.
The Philadelphia North American says that
Gen. Scott, on hia arrival at New Orleans, will
proceed thence to Point Isabel, where he will
establish his headquarters.
Railroad Profits.—We learn from a Wil
mington (Delaware) paper, that the receipts on
the Philadelphia, Wilmington and Baltimore
Rail Road Company will, for the year up to
the Ist of January next,exceed the receipts of
laaMCfArtK#^? — ci— <•-
La«oe Robbery.—Messrs. A. <Sc E, 8. Hig
gins, merchants, on Broadway, New York, had
stolen from them on Friday night, S6OO in bank
bills and sundry notes, checks, <fcc., to the a
mount of $31,000. The rogues effected their
entrance by false keys, and left the vault, where
the money was desposiled, locked and even
some other money.
Treasure Recovered. —The Concordia Intel
ligencer, speaking of the operations of tb» diving
bell boat which lately visited Natchez, says that
within ten days past, after hard searching through
water and mud, twenty-eight feet under tbe Mis
sissippi’s surface,opposite Millikan’s Bend,or near
that point, it has succeeded in recovering nearly
thirty thousand dollars io specie from amid the
ruins of the wreck of the old steamer Tennessee.
Democratic Economy.
The Galveston News, a Democratic organ,
furnishes an instance of democratic economy
quite equal tn Mr. Polk's mule regiment specu
lation. Verily, this is a great country, and
the Democracy are a great people for making
promises of economy:
“ We understand, from good authority, that
lhe large quantities ofcorn shipped Irom Balti
more and other places, tor lhe use ofGen. Wool’s
army, cost the Government when delivered at
San Antonio, not lessthan $3 per bushel, while
there is an abundance ot good corn in Texas,
and within a distance ot 100 miles ol San An
tonio, which the owners would gladly have de
livered to the army for less than tl per bushel.
Our informant, who is just from that part of
the country, says the common price on the
farms is 37J cents per bushel. This kind ot
economy bears a striking analogy to the late
mule operation of government contractors, who
made them cost the government Irom $l5O to
$175 each when delivered, while mules fully
as good, could be had in Texas at from 525 to
*4O each. But we suppose lhe sovereign people
can bear a little additional taxation; and be
sides, the profits as well as the glory olwar
belong to the lavored "tevi’’—QLuicquid—dcli
raat Reges—plecluntur Achivi. The “ Flag"
of Matamoros handles the sutlers without
gloves. We like that paper—it is honest, inde
pendent and fearless. From all we can learn,
fleecing the government is the order ofthe day,
and has been reduced tosystem. We commend
the Flag to lhe Secretary of War as his “ Vude
mecum.”
The Letters or Marque. —The Washing
ton Union says:
“ We understand, from indisputable autho
rity, that a correspondence has recently taken
place between the Spanish minister in Wash
ington, and the Secretary ol State, which re
news the pledges of lhetwo governments to car
rv out lhe stipulations ot the treaty of 1799.
We, on our part, have instructed our squadron
to respect lhe rights of Spanish vessels, who are
destined to any Mexican port, which may aol
happen to be blockaded, and without any con
traband ot war on board. Spain, on her part,
pledges herself to observe the obligations of her
treaty, and to prohibit Mexican privateers Irom
using the privileges of the Spanish ports.”
The Receipts or Cotton ik Gairriw, fiom tbe
opening of the season to tbe 31st October, 1846,
were, bales . ...4,887
For the month ending 30th Nov 4,968
9,365
Shipped to same d»te, 8,903
On hand
It will be seen from the above statement, tliet
up to the end of list month the Cottou Wirehouses
in this city hive received within i smill fraction
of 10,000 bales. Thii result has been obtained
with careful accuracy. It it eitimited that our re
ceipts will not fill far short of 30,000 bales up to
the end of the sosson.—Jeffersonian.
Manufactures in Connecticut.— lt appears
from recent statistics,that there are in Connecticut,
137 cotton mini, 126 wooleu mills, 37 paper Brilla,
187 tanneries, 6 carpet factorial. 32 clock facto
ries, 323 coach and wagon factories, besides fac
tories for the manufacture of tewing silk, pins, j
machinery, and “Yankee notions” of everf de
scription.
We made mention yesterday of a Mexican priest
who was seized and imprisoned by Geo, Taylor,
for enticinz our troops to desert. We since learn
that the General sent him under an escort to
Matamoros, but that he eseaped on the route. We
hear an ill character of him, for ’lie said bo was a
renegade from Texas, where be had been a robber
and a murderer.— Pic. 29ltiult.
Seuaioua Bill*.— Tbe counterfeiters have stoop
ed from twenties on the Charleston Bank, to small
bills on the Bank of the State, aud we therefore
caution our readers to look-to their two dollar bills
of tbe latter Bank.a counterfeit of that denomina
tion having been shown us, calculated to deceive
the unwary. The Bank has determined to issue
ne more bills from this plate, soda publie notice
will probably prevent tbe spurious bills from be
ing generally circulated— Charleston Courier.