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rOREIGNf j
Roman Banditti. —There is now |
in one of the prisons of tiie Human
Government,, a celebrated chief of
banditti, pained Guspuroni, who - is
accused of 143 murder?, lU3 of which
he confesses. The.first crime of this
person was a murder, committed
when he was only sixteen years of
age, on his Parish Priest, for refus
ing him absolution for a theft. At
eighteen, lie distiygusihed himself in
a skirmish with the police, of whom
he kille,. twenty, and was elected
captain of the band which he served,
and the numbers of which he subse
quently raised to two hundred. A
inongst the most during exploits of
this baud, jMrior to their bccomming
so numetuus, was the storming o.f a
convent of nuns at Mount Comedo,
in the middle of the day, and curry
ing off 43 young girls who were there!
for education, and whom he selected
from the others, having previously
obtained information their parents
were in circumstances to pay a ran
som. They were kept ten, and
some even twenty days in mountains,
where (to his credit be it spoken) e
very attention and respect the situa
tion and their safe keeping warrant
ed was paid to them. The ransom
demanded for each varied from two
hundred to one thousand dollars;
and for which lie had the courage,
such was the terror bis name hud ac
quired, to treat in person his name
had acquired, to treat in person ; no
one dured arrest him, for the fear of
of the consequences.—What is most
extraordinary in the life of this mis
creant, is lus strict attention to the
outward forms of his relegion ; his
person was nearly covered with cros
ses and images of saints. 11c (as
well as most of his companions,) at
tended regularly on the festavals, ne
ver once committed either murder or
robbery on a Friday, and always on
this, as well as other vigils, observed
a strict fast. A priest was compell
ed to confess them once a month
(who of course, from terror, gave
them immediate absolution,) and one
of this order was at last the means of
bringing them to justice, and des
troying the band. On returning once
to the mountains, after a severe en
counter with the gendarmerie in
which he had been worsted, and one
of his best men killed, he found a bis
hop and a friar who had been taken
the day before, and awaiting his re
turn to name their ransom. Irrita
ted by the loss he had sustained, they
were immediately ordered before
him, when he declared to the Bishop,
that the only means of preserving
his life was on his knees f to deny the
existence of the Saviour. The Bish
op, seeing no means of escaping
death, complied; on whichGaspuro
ni observed, ‘Wretch! thou art un
worthy to live,’ and instantly stabbed
him to the heart. The Friar was
next ad plied to, who seeing the mur
der of the Bishop, and hoping to u
void his fate, peremptorily refused to
deny Ins Saviour. The bandit’s re
ply whs short —‘Thou w ilt be an ac
quisition to heaven, and may save
the Bishwj.’i soul from purgatory.
This world is too corrupt lor thee ;
and presenting his carbine, shot him
dead at his feet.
From Havana. —By the schr.
Betsey, Capt. Sydleman, from Ha
vana, the editor of the Charleston
Courier has received files of papers
& a Price Current of that place to the
38th ult. We learn that a conspiracy
in favor of Mexico, had been disco
vered in Cuba, and that about forty
persons supposed to have heenen- i
gaged iu ft, were arrested. The
Havana papers of the 27th contain a
proclamation ol Gov. Vives, issued
the day before, to the inhabitants of
Cuba, assuring them of the affection
of t heir King, and reminding them
of the great advantages they possess
in the peace they enjoy, in the pro
jection of their wealth, and in the
rinses of their agriculture, but at the
same lime declaring in indigtiunt
Cerms,tln.lt whoevershould bedetec-;
•teu :•* any hostile measures against
the gove'rftgient, would most assur
edly be punisasd for their trechery.
Mexico. —Accounts from
tyeruCruz to the JOth, and from Mex
ico to the 3d ult. have been received
at New Orleans.. Order had been
restored in the republic, with the ex
ception of the State of Yucatan,
which persists in calling.for a central
government: a man named Joseph
-JSeirond Cun ajal being at the head j
of the malcontents of that State, I
Gen. Micray Teran, Minister of j i
War of Bastninente, had l been sent! 1
to the Texes, charged with a private
mission.
The Minister of Finance, Mangi
no, has addressed to both Chambers
of the Republic a long speech, in
which he makes known the deficien
cies of the uutionul treasury, and ur
ges the necessity of adopting ways
and means to replenish it, in order
to protect the Republic, which is
threatened to be invaded by a band of
adventurers from the North who are
aided by t\e United Stales ! The E
ditor of the New Orleans lice con
siders this a mere ruse on the part of
the new Minister, to get money.
A meeting of the physicians of
Montreal was lately held for the pur
pose of establishing a uniform sys
tem of charges for.professional ser
vices. After mature deliberation,
j they resolved to adopt the method
pursued in the West Indiesnud some
parts of Scotland, Viz ; to divide the
community into three classes, accor
ding to their pecuniary means. —The
averages agreed upon for visits, are
from 5 shillings to 2s. lit/.; for visits,
in the night 3th,. to 305.; if detained a
whole night (iOs. to 30*,.; by the hour
at night Jss. to 55.; consultations
205.; advice at home 10s, to 3s.
From II vyte —.vceounst received
at Baltimore from the above place
state that the reported demand by
the King of Spain to the Haytien go
vernment, to deliver up the Spanish
part of the Island is correct.—A pro
clamation of President Boyar to the
inhabitants of the Island, calls on
them to tcsi&i by force any attempt to
carry *cli n demand into execution.
The Bp. Frigate CasilJre, after
landing the envoy Plenipotentiary of
the King of Spain, at portan Prince,
sailed again on the 3d. Feb. and it is
stated that on leaving the harbor,
she was attacked by two Colombian
brigs of war, the issue of which was
not known.
Extract of a letter dated Carracas,,
Feb. 1, 1830.
“Every thing goes on well. The
whole <Tf ancient Venezuela has de-]
elared against Bolivar. Muruycabo 1
was the last, but she at length deelar- J
ed. There are upwards of 6000!
troops on the Tuehira, the divisionu- i
ry line of Venezuela undCundiimnia
ra, under Marino and Maseru—in
Valencia, there are ulready upwards !
of 4000 which, with 2000 more coin
ing from Maturin are to march im
mediately under Bermudez. Pena
is apppoitud Minister of interior
and justice, Lrbaneja of Forei^r* l
Affairs and Soublette secretary of j
of War and Marine ; Santors Mich- 1
clenu is under secretary of fnate ;!
l,ccunu Intcndant. Congress is tot
meet at Valencia on the 30th April.” j
The extra expense occasioned to]
the city of Paris lor breaking and
carrying away the ice from the streets I
and public places was ff)o,ooofr, m
January, February, 1826, in Jan., |
Feb. and March 1827, it was 163,-!
000ft'.; in the following year there was!
no winter; in Jan., Fob. and March ‘
1820, the expense was j OO.OOOfr.;
The present year the weather began i
on the Gtli of December, and ihe cold
continued to augment, and a great,
quantity of snow having fallen, no j
less a sum than 149,0001'r. was ex
pended to the end of December a lone
for labor and transport iu clearing
away the ice.
Information, from a highly res
pectable source, lias reached this U
stand, that his Majesty’s Government
haye under their serious consideration
the practicability of purchasing the
slave property in the West Indies.
To effect this object, the proposition
is to find all duties, arising from col
onial produce, for six years, and to
make up the defalcation of the Reve
nue, for the three, by other means,
and they have calculated that the
800,000 negroes,'attached to proper
ties in the West indies, will, at a va
luation of ,£SO sterling enable them
to pay that sum off at the end of five
years; and t lie amount of taxation,
for the sixth year, will be sufficient
to pay the same valuation for domes
tic slaves belonging to towns <fce,
Kingston Jam. Chronicle.
Gipsey Wil.r-r- A short time since
two young ladies, near Camberwell,
were accosted by a gipscy woman,
who told them that for a shilling epch,
she would shew them their husband’s
faces in a pail of water, which being
brought, they exclaimed. “ Why we
only see our faces'.” “Well,” said I
the old woman, “those faces will he 1
your husband’s when you are mar- i
ried.”
I
Judge Cold's Decisions.
Littkeberry Philips j
Respondent j
vs. i See the same case,
James Hkarb, Admlnis } published in our
traior &lc. of I LAST’
Jkssi Holloway,
Di ceuied, Appellant. J
Since my order passed at Cham
bers, on 28th May last, I have been
furnithed with the affidavits of the
appelunt, Jesse Stanly, William
Broun, and Mrs. Pridgeon, on be-
I half if the appellant, ami with an!
j affidavit of iespond ut, and an ar
jgumtm by his counsel.
) Tie affidavit of the appellant is
jby no means satisfactory upon all
! the points stated in my order of22d
May list. Yet upos severul points
it affords ground to believe, that all
i the lights which might have been ob
j tained, were not thrown upon the
case (ts the last trial. The appell
ant lias boon very remiss and negli
gent in preparing the case for trial,
yet ifheisto he believed, that re
missness proceeded from deeluru
: tions made to him by the Judge who
! presided in the case. That 1 he
1 should not have been aware of the
jtrue ground of controversy, viz.—
! That the words “during her natural
| life,” were inserted in the will with
!out the directionof the Testator, or
I without his understanding their le- j
! gal import, I cts.tipt. believe. The !
1 ground was of record and constituted ]
the essence, the most material mat- j
! ter, of the issue of fact to he tried.
| Ho hud received written notice of it.
;He must have known it. This evi
dence lie seems to admit, and liis ex
-1 cuse is, that having once “started to
i sec the subscribing witnesses to tlie
will,” he met with Judge Kenan,
j “who told him it was not necessary,”
i &.c. This excuse is certainly a
strong one. It furthermore appears
I from his affidavit, that the presiding
(Judge at the time he refused a con-
Itinuance, iu some measure promised
anew trial, if the parties could not
j agree as to one because of the ma
j leriality of the points involved. 1 tn
| probable as these statements arc,
j they are not contradicted by the re
spondent though served more than
‘thirty days since wtlti a copy of the
(affidavit. 1 feel myself therefore
j bound to give credence to the state
ment, and if trufe, I am of opinion it
affords sufficient reason for t lie ap
pellants course of conduct. But the
affidavit of the appellant would not
of itself afford sufficient grounds, for
‘-'noting anew trial, were it not
j sustained r.s to if;r merits of the case
(iu issue by that of Stanly (V'd of
j Brown, with other circumstances to
I which I shall hereafter advert.—
j From the affidavits of JStauly and
j Brown, I am of opinion, that the Jury ’
j decided with till the lights which
might h;;vn been thrown on the case,
and which wero highly material to
J be known ill order to a correct do*
I cision. The evidence of these uit
! nesses was taken on interrogatories
: and commission, They were exam
j ined together, It seems that Sturdy
| was present when the will was wri
ten and read, and was named an ex
ecutor. Yet his evidence before the
jury relates only to a conversation
; with testator two days after the will
was executed. He s.ays nothing a-
I bout the will’s being read to testator,
j or how the words “during her nutu
. ral life” came to be inserted, or
j whether testator knew of their iuscr
. Aiou, or any .thing ufiout them.
J Mis whole evidence goes to con
! tradict the idea that those words
, j were a part of the will. By his affi
, j davit now exhibited to me, it appears
, j that the will was distinctly read to
I testator with those words, and was
, | not disapproved, and farther that,
. (if he had known of these words he
| I ing suppressed from testator, he
, I vyould have made them known.—
. Brown’s affidavit is equally valiant
. from his evidence read on the trial.
, His testimony was .that fie wrote the
■. will as directed by testators, “except
the words during her natural life at
the close of the will, which words
. were added at the request of Wil
liam Holloway.” From such evi
’ deuce, no Jiuman being would infer
any thing else than that they were !
i fraudulently inserted, and without j
, the knowledge of the teatafosi'. Yet
, it now appears by his affidavit, that (
, he recollects very well writing and ;
s reading these words “dm ing her na- 1
’ tural life,” and that testator said ]
i that -would do to make his wife sale; 1
from which it would appear that no J
fraud wus committed, and that tes- j
tutor executed the will .with the full
knowledge that those words formed
a part of his will.
Mrs.Pridgeon’s affidavit also leads
me to believe that the will was exe
cuted by testator with a knowledge
that those words made a part of it.
It is suggested in the affidavit of the
respondent, that she is an incompe
tent witness. Ido not therefore
place much reliance on her affidavit
although she may he made a compe
tent witness by release.
From the circumstance that Mrs.
Boswell refused to be sworn to n
point which would have impeached
the evidence delivered on the trial by
Mrs. Mitchell, there is reason to sus
pect that she delivered her testimo
ny under the influence of motives not
only dishonorable hut criminal. In
such a case the principal seems set
tled that anew trial should be grant
ed.* Had her evidence been im
peached, as the appellant states in !
his affidavit, he believes he will be
able to do by testimony, discovered
subsequent to the trial, and had the
evidence of Brown and Stanly on the
trial been what it is as contained in
their affidavits, I am of opinion the
verdict would have been different.
The doctrine seems ‘Veil settled, that
a court m its sound discretion, when
convinced that the merits ol a oase
have not been tried either because
from the sta,fe of the pleading, the
I party c.,uld not introduce material
I evidence winch was in his knowledge,
i or when there existed such material
! evidence unknown to him and which
lie might not have discovered by the
evidence of an ordinary degree of
diligence, that a rehearing should be
awarded, f
On the whole, lain satisfied Ist;
j Thdi the merits of this case with the
full lights that might have been
thrown upon it, even by the evidence
of the witnesses sworn, were not be
fore the Jury. 2d. That the party
was stopped by an expression of an
opinion of the then Judge of the
Circuit, according to his uncontra
dieted affidavit, that it was unneces
sary while proceeding to procure the
fill! evidence from the witnesses, and
tins, under the circumstances, I deem
a sufficient excuse for its not being
procured. 3d. That there is rea
son to suspect that Mrs. . Mitchell’s
evidence is not entitled to full cre
dence.
It ig therefore ordered that anew
trial he and is awarded, upon the
eighth, iu the rule erroneously stat
ed to be the seventh, ground. The
papers are delivered to the appel
lant’s Counsel who are hereby di
rected to transmit the same to the
-Clerk of Jasper Court, as soon as
possibles and sefye police upon rc
s[.>ndei)t or his Counsel, th?.t ntv
trial is granted, (<k on what grounds)
l in ten days from this date. And it
:s also ordered, that the cause stand
for trial at the next term.
Signed THOMAS W. COBB,
July 24th, 1820,
* Sec a Burr, |t. 17. 71.
t a Burr’s R. 13, 85,
GOMCTiLSSSIOrtfAii.
IN SEN NATE—March 8,
Mr. FORSY TH moved to print, for the use of
the Senate, “the remonstrance of the State of
Georgia of 1797, against treaties previously form
ed by the United States with, the Indians in lire
Jurisdiction of Georgia, and against the inter
pom'se law of 1790, and the report of the House
Kepre&en.tativfcS of Georgia of the 11th Februaiy,
17Sd.”
Mr. FRELINQIJUVSbJN moved<o amend this
motion, by adding', “and the laws of Georgia ex
tending her jurisdiction over the CJicrokee tribe
of indiaus within her limits.”
lyir. FORSYTH said he had no objections |o
the publication of the laws of Georgia on this sub
ject, but be hoped the laws of all the Slates
which had extended their jurisdiction over the In
dian tribes within their limits, would also headdetl- ;
Mr. FRFLjNGIi.UYttEN regretted the neces
sity that would compel him to oppose the amend-,
meat of the gentleman from Georgia,, (Mr. For-,
syth.) It w f ;vs obvious that, if bis” amendment
should prevail, that the object of all,W/)tW be dc-i
felted ; because the jnforination required could
not be obtained before the adjourtuheiU of Con
gress. lie regretted that every attempt to obtain
light on relatione existing between Georgia
and thejndian tribes wit higher limits, and to
ascertained the mauler in which she bad exercis
ed her jurisdiction oyer these trityeg, should be
met bv corresponding pttempts to defeat them,
ilow shall we (said Mr. F ) ever find out the real
cause g-f dispute betweeu these parties, without
huvipg the o,f {Georgia which extend her ju
risdiction over these Indians He was desirous of
having the resolution so modified, as to bring be
fore the Sepate the Jaws to which he alluded, to
old them in legislating on this subject. On a for
iner o r ccH.sion, he (Mi- F.) wished to ascertain the
j stale audprogress of the mechanic arts among
the.Chcrokces within the State of Georgia during
the lust y years. The gentleman from Georgia,
i then appended an amendment, which prevailed,
I find w.* had now waited seven weeks, and were
now no nearer the information than when the re
j sojuiiou passed.—Rut why branch out this subject
isous to embrace all the States ? The gentleman
| from Georgia must perceive that it is calculated
jto defeat the object of his amendment, should it
be so modified as to embraceTleluyvare, New-York,
lUiode Island, Maine, tip.
Mih FORSYTH replied, that the first objedtto
made to the amendment he had the honor to sub
mit, by the gentlema* from New Jersey, were,
that its adoption .would delay the recept of the
necessary information so long, that it could not
be used with effect this YY inter. The gentle
man supposed that, to obtain this information,
much research would be required, and that it .
would be necessary to print a very large volume,
for the purpose of laying it before the Senate.
Having bestowed some examination on the sub
ject r .Up had fully ascertainedthat iufv.rniu
tion necessary, could be had partly in the Library
ol'Gongress, and partly in the Librurjr of the De
partment of State . and he had further ascertain,
ed, from a friend in the other House, who had ex
amined all the documents connected with the sub
ject, that the whole could be comprised in a vo-
Junmc of 90some odd prges. The Gentleman from
New Jersey supposed, that the documents he (Mr.
F.) wished to be printed, w ere not important to u
full understanding of the subject; but, that the law
of Georgia only, was. Now, what was tlu-qnestioik
to be decided? Was it simply whether the State
of Georgia had a l ight to exercise the authority
of her laws within her own limits ? Some gen
tlemen talked of the expediency of the law pas
sed by Georgia; while others, indeed, diseased
its humanity, bpt the right to exercisv their pow
er being conceded, the manner of itr exercise, its
expediency or humanity, never cp nld be question
ed on the iloor. The Senate W4hs not a tribunal
where the Slates could be an/ igned for the man
ner ip which they managed their own internal
concerns. Rut if a law of F.eorgia, in relation to
her Indians, was to be btr.ught up for discussion
on this Iloor, was it not [t. oper, also, that the laws
! of other States which If a- legislated on like sub
ejects, should, at the suit time, be brought up, iu
order that a just comf iurrison might be mqde?
Was there any diffen nee between Georgia and
Alabama, or Geoigva and Mississippi, or New
York, or any other tolatc, which had passed ;nws
aflecU*£ the Indianfc, within its limit*/ The right
ir. exercise the power which Georgia has exercis
ed, she claimed, and appealed to the example of
her sister states, to allow that she had not act
ed unusually or unjustly ; and were the coit
tniry asserted, she uiqdit boldly reply, that she
hud exercised the right claimed by her, more
kindly, more justly, ami niotv generously, than
any other State who had preceded her in such le
gi iiition; unless, indeed, a solitary exct-j.Lioa
might be named, in the state of Mississippi, w ho.
since the law ol Georgia, had'passed a most libe
ral r'iid enlightened law, in relation to her Indians.
If, then, to gratify the gentleman from New Jer
sey, he. (Mr. F.) voted with him for the produc
tion of the law ol Georgia, why would not that
gentleman consent that the laws of the other
States, ou the same subject, should be produced?
The gentleman, said Mr. F. supposed that the
question only touches the Cherokees and the State
of Georgia; but it was not so; the question touch
es all tiib Indians within the United Slfrttfs, from
the remnants ot the most petty tubes in the Fust
to the largest and most powerful tribe iu the VY est.
It theretore followed that the iniormaiton ask <J
tor the gentleman from New Jersey, with i£-
gai and to Geoigiu and her Indians, only wquid be
but partial, and that a just decision, ou the sub
ject, could only be had by producing the laws of
all the btates who had legislated with respect to
the Indians residing w ithiri their liums. The gen*
‘tlenmii complained that the adoption ol the a
mendment to the amendment would create such
delay that the'mTormation could not be received
here m time to be acted on at this session, liisl
the gentleman know that any delay w be oc
casioned by seeking tor this additional itiioim&ti*
om? He asked for inloinmtipu, in relation to the
Cherokee nation ot Indians, residing ai a distance
ol OOp miles tiomihe beat of Government; and
how was this information to be obtained ? Ji was
not in the War Department, and lioin whence
then was it to be obtained / why it could only be
obtained Irohi agents ol the United iMat.es icmJ
mg wnli the Cherokees; and while the IVar De
pai tment is sending to those agents, it can, in like
manner, send to all oihei parts of the Union,
where there are Indians, to obtain like informati
on. It appeared to hijn, (Mr. F.) that the law of
Georgia, was only sought to be introduced here,
tor the purposed operating on the pusstous, and
prejudices ot the people. That it was to be used
in this way, lie anticipated; and it was for the pur
pose of repelling any attack ou ihe motives or con
duct of the Ntate of Georgia, that he wished to lay
along side of her law, the law * ot w ho
had set the example, which she had bin partially
followed It the geutjepiaq \yamed the law of
Georgia, solely for his own use, Im could obtain it
at any moment; but lie (Mr. F.j trusted that ha
w ould not urge the production ot uti isolated
for the purpose of pruumuo o. ii- *rnate a par
liai anu prejudiced view ol the subject.
A few more remarks w ere offered by Mr. Fre
Unghuyscß, when
llm question was taken on the amendment pro
posed by ‘Mr. Forsy m to the amendment of Mr.
Frei.inghvysen, when it was carried—ayes 22;
ilia's £O. • ’
i he amendment, as amended, was next concur
red iu, and the motion of Mr. Foksytu agreed to.
DEBATE JN THE SENATE.
Mr. Clayton, ol Delaware, in the progress oT
his speech ou Mr. Foot’s Resolution, undertook
to quote,’and remark upon Col. Benton’s retort
upon Mr. Holmes’ attack upou Air. Woodbury,
when he, (Mr. H.) called Mr. \V. “Pelcr, who
huddenitd his Lord and master, Sfc.” Mr. Clay
ton, undertaking to quote, said, the Senator i roro
Missouri said, “ihis is my Voter, and on this Vein
/ build,'’ Ac.
Mr. Blnt,on rose, and asked leeve to state his
own words.
Air. CLAYTOqj avc way for that purpose.
Mr. Blnton. 1 did not say, “ this is my Peter.'’
1 said, “ Yet, Ihis is Peter; and i his Veter is Ihe
rock on which the church of ,\ tiv Knglano De
mocracy shrill be built.” This is what I said a
loud, and what the Senate heard. What 1 said
in a lower tone, and not intended for the Seuate,
was this: “and the cares of Hell shall not pre
vail against hail ”
A genera! laugh followed; mid it was well septs
that notkmg hU been gained b> distill bilig tilt?
Senator from Missouri, who wus writing at ins
table when he heard bis name alluded lor
U. S. Telegraph.
We do not remember at any tiipe
such bitter party feeling us is mani
fested at the present moment in l\ety
Ilamshire. Tire parties are nearly
balanced in the state, and in their
struggles to gain the ascendency ma
ny outrages huvebeon committed on
both sides, which are disgraceful to
a sober, thinking, free people. Ou
Wednesday evening last the effigy of
Col. Decatur was hung before"tire
rjoor of his dwelling in Portsmouth,
as asott of scare crow ijr revenge
upon the Col. tor lho part be lias ta
ken in the political squabbles of the
day. On the 9th of ftlnrch the elec
tion for Governor takes place, after
which we hope tosee a different spir
it prevail in that ancient state of stc<|r
dy habits,-n-A 7 . Y. Vost.