Newspaper Page Text
BATTLE OF THE RANCH.
The people in that part of Mexico know
as the “Department of Santa Fe,”have for
many years been harrassetl and annoyed
by the depredation of the American Indi
ans. An American by the name of Kur
ker, at the time of our visit had just enter
ed into contract with the government to
whip the Indians and bring them to a per
inanenttreaty, for the sum of one hundred
thousand dollars, part of which was paid to
him in advance, to commence operations.
Kurker is now carrying on the war, and
his first skimishes occurred while we were
at Toas within two miles of the town at
which we were sojourning. lie is a man
of daring and reckless disposition, who has
himselfsuflered from the villany of the In
dians, and he now hunts them as much in
revenge for injuries they have done him as
in prospect of the emolument.
The battle which forms the subject of the j
present sketch, occurred close under the ;
black mountain of Toas, in the valley of the J
same name near to a small town called the i
“Ranch ” Kurker, with about fifty men, i
was here encamped, when a party of thiev
ing Abachus crept upon them in the night j
and stole a number of horses. The Indi
ans were not aware that Kurker’s party
were prepared for war, but supposed they
were stealing from an encampment of tra
ders who •cruld not dare to pursue them.
The robbery had scarcely been committed
when it was discovered, and in a few mo
ments more, Kurker and his fifty men were
in close pursuit of the Indians. Knowing
that the thieves would endeavor to escape
over the mountains, by ascending a ravine
that opened in the valley near the spot
where the robbery was committed, Kurker
led his men quickly round a by path, up
the mountain side, and as the grey light of
morning spread over the valley, the pur
suers found themselves upon an eminence
commanding the ravine up w hich the Indi
ans were hurrying, mounted on the stolen
horses. The marauders numbered about
a hundred and twenty, more than doubling
the force of the pursuing party; but al
though these vagabonds hold the Spaniards
in great contempt, they are the vilest cow
ards when opposed by the Americans.—
Cunning as they were they did not discover
their danger until fifty American rifles were
levelled, each with deadly aim, at a sepa
rate victim.
The first cry of alarm from the Indians
was the signal to fire, and as the early sun
beam penetrated the ravine, echo started
suddenly from elifFto cliff, and away among
the distant crags like the spirit of fear spee
ding from death and danger. Twenty In
dians fell from their horses at that fire, some
with a struggle & frightful yell expiring on
the instant, while others with clenched teeth
and the desperate energy ofdeparting life,
clung to the reins, and were dragged about
and trod upon by the alarmed horses. The
Indians rode like devils, and without pau
sing an instant, they turned and fled to
wards the valley. Some that were wound
ed fell from the frightened animals while
they were in full speed down the ravine.—
Kurker and his men followed without re
loading their rifles, and chased the Indians
until they emerged from the ravine and took
refuge within the walls of the- Ranch.
This town, called the Ranch, lies at the
base of a gigantic mountain, and is watered
by a swift stream that rushes from the ra
vine we have mentioned. It contains a
bout three hundred houses, and these are
built compactly together, forming a wall
and enclosing a large square, and in the
centre of which stands the church ; into
this square the Indians rushed and endea
vored to force their way into it, having been
taught to believe that the sacred roof is pro
tection against all danger. But Kurker’s
nien felt no disposition to let the savages off
so easily, and reloading their rifles they re
sumed the attack within the walls of the
town. It was still early in the morning,
and the inhabitants sprang from their beds
in the wildest eofusion and alarm. First
we had the thronging of‘.he Indians in the
town—their murmurs of fear and terror,
then the shouts of their pursuers ; children
screamed within the dwellings, and there
was a rapid closing and barring of doors
and windows. Then came the report of
fire arms followed by the most fiendish
screams and yells from the victims, over
which again arose the loud hurras of the
Americans as wild and savage as the dread
ful wa r-whoop of the Indian. The men
seemed to grow delirious with the excite
ment, and to become inspired with the sav
age nature of their enemies. One man af
ter discharging his rifles and pistols, rushed
madly among the Indians with his knife,
and actually succeeded in taking a scalp
before he was killed. The fight lasted for
but half an hour, when the Indians begged
for mercy and were suffered to depart.
Kurker s men are mostly robust, daring
fellows from Kentucky and Missouri, wag
oners and speculators who yielded to the se
ductions of the Monster Bank, and were
ruined : men of rough, yet chivalrie and ro
mantic natures, who love the wild life they
are leading. Their pay from Kurker is a
dollar a day and half booty, so that their
interest and love of excitement leads them
to make battle whenever opportunity oc
curs. In this battle forty Indians were kil
led, and of Kurker’s party, but one Amer
ican and one half breed. The stolen hor
ses were taken as booty. Kurker himself is
.as brave as a lion, and a man of great en
terprise, as well as skill in this kind of war
fare. Having but just commenced opera
tions, his force is small, but men were
thronging to join him every day, and he
soon will be head of a very powerful army.
— N. O. Picayune.
Eating and drinking. —lt will rather take
the reader by surprise, we think to be told
that in a life of 65 years duration, with a
moderate daily allowance of mutton, for
instance, he will have consumed a flock of
350 sheep ; and that altogether for dinner
alone, adding to his mutton a reasonable
allowance of potatoes and vegetables, with
a pint of wine daily, for 30 years of this pe
riod, above 30 tons of solids and liquids
/trust have passed through his stomach.
HORRIBLE BARBARITY.
The wife of Joseph Jellison, of Brooks,
in this county, came near being murdered,
by having hot lead poured into her ear.—
Her husband has been examined before a
Magistrate, but was not recognized to ap
pear at Court. All the material circum
stances which we can gather are these :
The family consisted of Mr. Jellison and
wife and three small children. Ho retired
to bed early and requested his wife to re
tire early, saying that he wished an early
breakfast, as he was bound away. She did
not, however, retire until about 10 o'clock, j
Her husband slept upon the back side of
the bed against the wall of the house, I
and her infant child was with her. About j
two o’clock she was awakened by a sens*- (
tion as though her head was on fire, and
screamed. Her husband seized hold of
her and asked what was the matter, but
whether he came from the backside of the
bed, or was standing beside of the bed, she
could not tell. She told him to get some
water and pour into her ear, which relieved
her somewhat. They sat up together the
remainder part of the night, she receive and
nothing but kind treatment, though no phy -
sician was sent for. Nothing was seen ‘oy
her of any ladle or shovel, but she for aid
some pieces of lead in the bed in the me >rn
ing, and her neck and shoulder was b u.rnt
a little, as also her child ; but her ea r in
the part exposed to sight, was not burnt at
all. The physician testified that the cav
ity in the ear was filled with either 1 ead or
some fusible matter —that it was visible
upon examination, and that the ca.vity of
the ear was sofirmlv filled that the y could
not remove it with their instumenti i, though
they had taken out several piec<j;s. The
woman, as may be supposed, has nearly if
not wholly lost her senses, and w'n ether she
will survive is doubtful. It is n< it probable
from her situation, that she eoub 1 give a ve
ry accurate account of all that transpired
after her consciousness, and how long it
was after the time the lead was poured into
her ear and her consciousness, no one can
tell. We have never before had occasion
to give publicity to such a tsJe of horror!—
Belfast, Me. Signal.
The best story ofthe se.ason—it is from
the Palquemine Gazette
It is generally the case* with editors, that
when giving accounts of the destruction of
lives and property by fi re, they first men
tion the particulars about the loss of prop
erty, and then merely a ilude to the loss of!
life. This always ren finds us of an acci
j dent that happened to a neighbor of ours
down east.
Deacon Sweet was an even tempered,
good hearted sort of a man, and Mrs. S.
was ditto, loved her h usband, and was very
economical in her Viabits. The Deacon
took a can die and a two quart pitcher (a
j piteher that Mrs, S'meet had kept whole,
minus the nose, for ten years) one cold
night, and started to go down to the cellar
to draw some cider. The old gentleman’s
foot slipped at the to pof the stairs, and le
went down, head fin it. Mrs. Sweet heard
the noise, and ran, v cry much alarmed, to
see vvliat bad happei led. The Deacon, in
the mean time, had g inhered himself up, and
was rubbing his shir is.
‘Lord! Gustus!’ exclaimed Mrs. S.,
‘what’s llie matter !- —have you broke the
pitcher?’
‘No!’ replied the -old man, grunting ; and
then growing iurioui ;—‘l haintyit, but dod
darned if i don’t do it now, though! and
j he smasJied the long cherished pitcher a
i gainst t he wall.
A hovel Case of Difficulty. —We are in
j formed of a novel ci ise which Ims recently
! transported in Was! fington County, in this
I State. Some years ago a man and woman
I were married, and confined to reside to
| gefiher as man and wife. Recently they
j discovered that the person before whom the
j ceremony was performed was not authoris
j ed by law to tie the : marriage knot, and their
marriage was a nullity. When this dis
j covery was made, the woman insisted upon
| having the ceremo:ny gone over again be
fore legally cons tituted officer, but the
husband refused ; subsequently the lius
j band having reflected that the principal
| part ofthe property which he held, had been
| derived from his wi fe, changed his resolu
; tion and became desirous to have the knot
legally tied; but at this period the woman
had altered herpurp oses, and therefore re
fused. Following up her resolution to re
main free, she ejected the husband from his
| possession of the property, and our infor
mant says that the la st he heard of the case,
was the application of the husband to a
Justice efthe Peace for some process to re
store him to what he h id once supposed to
|be his own. Can any ofthe St. Louis law
yers find out a suitable process for the ex
igency of the disappointed husband.— St.
Louis Rep.
Expensive Profanity. —The Editor of
the Crescent City says he was once in a
county court up the count ry, when a weal
thy, devilma ycare farmer, ripped out an
oath, for which the Judge lined him. With
much nonchalance he pulled out his pock
et book, and paid a S2O hill for the outrage.
The lawyer wont on v/ith his argument,
and touching the feelings of our farmer, he
again broke out with—
“ D—n my eyes! if it ainta lie!”
Again he was fined. He still, however,
kept on swearing, and regularly paying
his fine for each oath, until at last he found
himself in a terrible passion, and only se
venty-five cents in his pocket-book. He.
could contain himself no longer, but jump-
ingup from his seat, exclaimed “See here
Judge, that ere lawyer is a cursed scound
rel, and I aint got but ix bitts, and I want to
swear at him eternally bad. Now, ver
honor, jist tell me of an oath that’s worth
three quarters of a dollar, and if i don’t
pitch at him, d—n me!”’
“Keep cool,” said the pitcher of water to
the bottle of brandy. “I could, friend,” re
-1 plied the bottle, “were not mv spirits more’
! ardent than yours.”
*27 il\ ( oii^ress,
MR. CLAYS SPEECH
On the Bill to Repeal the Bankrupt Law.
In Sumate, Friday, Jan. 29th.
Mr. Clay said that the power to establish
a system of Bankruptcy was expressly
granted in the Constitution upon the condi
tion only that the law should he uniform ;
and the motive which influenced the States
in making this grant, was t hat the creditor
and debtor in one portion of the Union
should bepla< yd upon the .sam footing with
tlios ■ ofanotlt 1? would not speak with
rt: 0 J i,i to the retroactive or prospective op
era) ion of a Bankrupt La ; but it might
not he improper to remark that the ancients
in times of calamity and distress, expunged
tb e pecuniary obligations of the unfortu
ii ate debtor, and passed other measures for
I ii.s relief. There was a high obligation on
the part of General Government to perform
the duty growing out of the investment of
the power to establish a uniform system of
Bankruptcy. Was it supposed that the
commercial States would ever have consen
ted to invest in Congress this power, if they
had supposed that it would have remained
a dead letter in the Constitution ? No: they
conceived that Congress would exercise it,
and pass a Bankrupt Law uniform in its
operations throughout the Union. The
Constitution was an aggregate of power, of
which the States stripped themselves, and
vested it into the General Government for
die general good of the whole ; and with
this view, the power to regulate commerce
was exercised for the benefit of the naviga
ting interest, which was enjoyed by but
few of the States ; and so with other pow
ers ; and this was the case too. with regard
to the power to establish a uniform system
of Bankruptcy, a few states only being in
terested in the exercise of it. But it was
the duty of Congress to examine into the in
terest of all the States. If, for example, in
some States, there was a slight interest, or
an adverse feeling, and in other States a vi
tal interest, what ought to be done? The
Union was a family of States, and their fra
ternal affections, and their harmony, could
only be preserved by mutual concession.—
Therefore, if any man believed that a par
j tieular measure would inflict partial inju
j ry on his own Slate, he would content liitn
j self with the reflection that it was deman
ded by the peculiar interests of the other
! States. Under these views, then, of slight
interests on one hand, andof great interests
! upon the other, it seemed to him that Con
gress was bound to legislate without regard
jto sectional divisions, but for the entire
| country. The States tied their own hands
j that Congress might act; but, it'it would not
act, the hands of the states ought to be un
tied. About twenty years ago, when a
state of tilings similar to the present existed
he took the ground in the House of Repre
sentatives that Congress ought to exercise
the power to establish a Bankrupt Law, or
j surrender it; and Iwo years ago, when his
j late colleague (Mr. Crittenden) introduced
j a bill of that character, he voted for it—
j not because his own State was particularly
J interested, (he did not believe that five hun
! died citizens of Kentucky would avail
! themselves of it,) hut for the reason that, in
| looking to the interest of the whole, it was
: necessary to make a slight sacrifice for
ihcir benefit. When they met at the Ex
tra Session, they matured a series of meas
ures which were to effect different purposes
in tin Union, and in different degre es ; and
gentlemen who voted for these measures
voted for them as a whole system, taking
I the part least disadvantageous to their own
! Slates, because the system carried with it
the relief which they desired to obtain. —
| That was the reason why he voted for the
Bankrupt Law. He considered the hill
proposing to repeal this act as a sort of en
tering wedge in the whole system, to he fol
lowed up by the measure of the Senator
from Missouri, (Mr. Linn) to repeal the
Land Distribution Law. He did not com
plain of this, as some gentlemen disapproved
of the proceedings of the Extra Session ;
hut he called upon those who had concur
red in this system and would inquire wheth
er they were ready to undo the blessed acts
which were then passed, and strip the peo
ple of the United States of these benefits ?
llis colleague (Mr. Morehead) thought ihat
he (Mr.Morehead)might vote forthe repeal
but he (Mr. Clay) with a knowledge ofthe
magnanimity and the justice ofthe people
of Kentucky, knew well that, when the
question was rightly put to them, they
would not refuse to extend their hand lo
their fellow-citizens who are now writhing
! under the distress which a measure of this
j kind could assuage. Had there been any
j mitigation ofthe'public distress or any re
j turn of prosperity in the country to favor
the repeal ? Was not the reverse of all
this true ? Were not all the considerations
which existed when the law was passed
much stronger now than they were then ?
and were these considerations likely to be
diminished in the future ? No ; the future
j presented to the mind the gloomiest forebo
dings, instead of a cessation of embarrass
ments. And should they, this moment,
when the country was writhing in distress,
repeal this law ? What was the condition
of the unfortunate class of debtors? Three
days only were to elapse before the law
would go into effect; and the spectacle that
was now presented resembled the scene of
unfortunate men incarce rated in jails and
the gloomy cells of dungeons, looking for
the operation of this measure to bring to
them health and vivacity ; but repeal the
law, and all their hopes and happy antici
pations were blasted. In another view of
I this subject: the prison doors were almost
opened wide ; they rushed to enjoy the light
of Heaven—and, at this moment, what was
asked ? Why, that they should be flung
back again into gloom, and doomed, with
the grating of the doors upon their hinges
dwelling on their ears. If the Senate could
do this, he could not ; he could not- do it,
and he would not do it. .
I In the county of Westmoreland. England
! according to the last census, there are 28,-
234 males, and 28,235 females.
From the Savannah Republican.
JUDGE BERRIEN'S SPEECH,
against the repeal of the hankrupt law.
We regret that our limits do not allow
us to publish entire, the speech of our dis
tinguished Senator. Our exchange papers
from every part of the Union have spoken
of it in the highest terms, and we can only
say, that it well deserves the encomiums
which have been lavished oil it. We oiler
our readers a brief outline, hut would re
commend ail to read the speech as reported,
and especially the friends of the ia\V .
The peroration is very brief, and the
Judge at once enters on his subject, with
the confidence of one who is certain he has
the right side of the argument. He enu
merates the objections under six heads, and
then begins systematically to demolish
them.
The first division is in answer to the al
legation of those opposed to the law ; that
it is imperfect, impracticable, and cannot
be carried into operation. Under this head,
he gives a beautiful detail of the simplicity
of the law, and how easily those entrusted
to carry it into effect had prepared to fulfil
their duty. lie also shows, that the amend
ments offered, would entirely defeat the
object of llie bill.
The second objection lie considered, was
ihe unconstitutionality of the law. On this
point, of course, we are not so well qualifi
ed to judge as those of the legal profession,
but to our mind the argument is conclusive.
Indeed, we cannot see how a doubt on this
part of the subject can he raised. He shows
by referring to the debates on the formation
of the constitution, that the whole power
was left, after mature deliberation, to Con
gress, with the single restriction that it
.should he uniform. Under this head also,
he demolishes the Jacksonian heresy,which
Mr. Calhoun has lately adopted, and intro
duced into this debate : namely, that every
one is to judge the constitution for himself,
and pay no regard to the decisions of the
Supreme Court.
He then goes on to show, that as the
States have parted with the power to make
bankrupt laws, it is the duty of Congress to
do so, and also demonstrates how impossi
ble. it would be for the States to enact uni
form laws. He next goes into an examina
! tion of the nature of contracts, and proves
the retroactive provision of the bankrupt law
to be constitutional.
The third objection , which Mr. Berrien
notices, is that “ the law is immoral and
corrupting in its tendencies.'” As the gen
eral reader will be bette- able to judge of
the argument on this part of the subject,
than when the legal & constitutional ques
tions are discussed—and as we feel that we j
could say nothing iu praise of it which j
would do it justice, we shall here quote a [
portion of his speech as reported in the In- \
telligencer. After acknowledging that no j
law can be made which may not in some
instances be evaded, he goes on to observe :
“ But some fraudulent debtors, it is said,
will avail themselves of this act. Yes, sir,
(said Mr. B.) with all the guards which
your skill can devise, that result will fol
low. It is the ordinary consequence ofthe !
infirmity ofthe legislator, and ofthe wick- J
edness of the man. What, then ? Must |
relief therefore he withheld from the honest
but unfortunate debtor ? There is a better
rule on this subject, to which we would do
well to refer. It is better that ninety and
nine guilty persons should escape, than one
innocent man should suffer. 1 don’t know
know whether it has occurred to you, sir,
hut the fact is, that the only inexpiable crime
in the catalogue of offences among us is
debt, and the inability to discharge it. To
the murderer you are comparatively merci
ful. You doom him to death, and you ex
ecute your sentence. With time to pre
pare for his entrance into another world he
expiates his offence by leaving this. To
the wretched insolvent the law accords no
such boon. He must drag out the misera
hie existence to which you have doomed
him, or superadd the crime of suicide to that
of debt. Minor offences arc punished with
imprisonment for a limited period, or with
corporal punishment, not extending to loss
of life. When the victim ha? undergone
these, his offence against society is atoned
for, and ho is restored to the rights and im
munities of a free citizen. He only who is
unable to pay his debts has sinned beyond
forgiveness and the possibility of expiation.
To him there is no spes recuperandi —no
hope of recovering his lost estate. Upon
him no morning can dawn. He is destined,
in the impenetrable gloom of unbroken
night, in sadness and sorrow, to grope his
way lo the grave.
The true and practical mode, Mr. Berri
en said, of testing the question of the ten
dency of this law to produce immorality, is
to compare the bankrupt and insolvent
laws, not in the operation of the former, on
the mass of insolvencies, which our neglect
of duty has suffered to accumulate, but to
examine each in its ordinary operation, as a
permanent portion of a system of jurispru
dence.
The bankrupt, when he is declared so to
be, either by his own confession or the proof
adduced by his creditor, is instantly divest
edofall control over his estate. He has
no hope of relief but from perfect honesty
of conduct, and the relief w hich it promises
him is great and permanent. It is no less
than entire emancipation from his thral
dom. Thus the law presents every stimu
lus to honesty—every motive to abstain
from fraud. Superadded to this, is ihe
knowledge of the fact that no time affords
him protection. If he has succeeded in
concealing his fraud, has obtained his cer
tificate, amassed propoity. and resumed the
station in life from which he had litllen,
that certificate may he rendered invalid,
his newly acquired property may he sub
jected to the claims of Ins creditors, and he
himselfmust be doomed to ignomy, if at a
ny period of his life, however remote, a sin
gle act of fraud be established against him.
Looking to the ordinary motives of human
action, these would st em to be safeguards
against dishonesty, which would be efficient
even with had men.
VViial now is the situation of the insol
vent ? His most valuable effects have
been assigned to the confidential creditors,
who have enabled him to sustain his failing
credit, and given him an appearance of sub
stance, by which he has been able to de
lude the rest of the community. At last
the hour of reckoning comes, but it finds him
stripped of the means of satisfying even a
small portion ofthe demands against him.
His confidential creditors are safe, and
therefore indifferent, and so is he. He has
committed no fraud in the eye of law in
rendering them so. All others are remedi
less. He is arrested, imprisoned, and w ith
out some gross act of fraud, detected, du
ring the process, is discharged. The boon
which is awarded to him is that of dragging
out a miserable existence, with the privilege
of locomotion indeed, but he is destined for
life to he the slave of his creditors—living
moving, and having his being for their ben
efit. What motive has he for the honest
surrender of his property, if he has any
left, which is covered from the view of his
creditors ? Why, all his hopes for the fu
ture depend upon concealment. He is
doomed to a life of deception. If he is de
tected, what then ? He looses his adven
ture : it is seized by his creditors ; but his
discharge is untouched. He may try again.
The privilege of dragging his wretched
limbs from the market to the strand is still
accorded to him.
Look, now, (said Mr. B.) at the condi
tion ofthe bankrupt and insolvent, when
the respective processes against them are
closed, and say which is likely to prove the
better and more upright citizen ? The bank
rupt has surrendered his all he is poor, nay.
destitute, penniless ; but he is free, and
there is the charm. He is really, truly free.
It is not merely the poor privilege ot loco
motion which is accorded to him. His
hands are unshackled. The energies of
his mind are unfettered. He is free to ex
ert them for his own, and the benefit of
those who nature and affection have en
deared to him. His recovered freedom
his true and active stimulus. The les
son of experience which adversity has
taught him, is his safeguard. The al
most utter impractabilitv of receiving a se
cond time the boon which has been once ac
corded to him is his voice of warning. Thus
| stimulated, thus fortified, thus warned, he
! enters upon his new career. If in this
word of trial, which we have divested of its
original beauty and loveliness, any man
may be delivered from temptation, by feel
ing, by reflection, by external circumstan
ces, this man is secure. The path of duty,
of uprightness, of honesty, whicliis the best
i interest of all to pursue, is that from which
j lie is almost without temptation to wander.
And the insolvent, what (said Mr. B.) is
| his condition ? He, too, has surrendered
his all ; at least all which which he dare
j openly claim ; and for what? To pur
chase exemption from imprisonment. He
breathes the free air of Heaven, hut not as ;
a freeman. He is still the “doomed slave” j
of his creditor. The fruits of his labor ho- ;
long to that creditor, and can only he with- j
held from him by fraud. The necessities j
of a helpless family appeal to him. The |
! eagle eye of his creditor is upon him. He j
j looks upon that creditor as his enemy If j
j he be merciless, he is indeed his enemy,
of those who are dearer to him than life,
whom he is proud to protect even at the sa
crifice of life itself. What then? As an
enemy lie fences himself against his credi- i
tor. He resortsto fraudulent conveyances :
to secret trusts, to a regular system of ha
bitual deception ; and his children, into
whose young minds it would have been,
under more propitious circumstances, his
grateful task to have instilled the lessons of
virtue, are trained up under the blighting
influence of that system of concealment to
| which he and they are indebted for the com- !
j forts and conveniences of life. Such is the
| actual condition of multitudes under the
operation of State insolvent laws. Look at
the progress of this operation, and judge
of its effects upon public morals. The dis
charged insolvent escapes from his cell, or
his prison bounds, to the wretched hovel
which benevolence ntay have secured to
him, for he has nought which he can claim
as his own. The wants of his family call
him to labor, and he does labor. His ear
liest efforts are rewarded by the pound of
beef and the loaf of bread with w hich he
appeases their hunger. Evert these are
filched from his creditor, for the law awards
them to him. Your law did award them.
But there is a public opinion, to the moral
force of which even laws must yield, and
the wretched insolvent is secure in the en
joyment of these. By-and-bv he is ena
bled to provide some little comforts for his
helpless wife and infant children. These
must be enjoyed by stealth, or the hand of
; the creditor may wrest them from their
grasp. In process of time his labors are
rewarded with the means by which he can
do something more than provide for the pre
i sent wants of his family. He considers
their dependance, his liability to be taken
. from them, and the desire to make some
provision for the future becomes strong,
> irresistible. He has no right to indulge
f this desire. His e arnings are the property
of his creditor. If they are discovered, the
s law will give them to that creditor. In strict
■ morality he is bound to yield them. But
t Nature urges her own strong claims, and a
s wife whose spirit, has been broken by udver
. sity, and his children who has been reared
. in penury, are the advocates through whom
i she prefers them. The appeal may not be
■ resisted. The morality which conflicts
s with it becomes, in his view, cold, heartless
t and disregarded. He is a man. with the
affections and imperfection of our common I
nature. He yields to it; he hides his ear
nings ; he cheats his creditor ; and then
with a newly awakened spirit, labors to in
crease his little store. The repetition of
the fraud is more easy. Habit renders it
familiar, it becomes the business of his life. J
There is an occasional twinge of consci
ence ; hut that passes, and all that now
disturbs him is the apprehension which sei
zes him, perhaps on his bed of death, that
the depositoiy o! Lis secret earnings may
he ~ t'ai'.lii his trust as he has been Jo
the i.f his c idiiors. Such
>. ii, . . o. alher more frequently
occur id j. puli-''on of our
great ci.ii. • i ’ ely bevound their lim
it... .y ■ ‘.'i -re i :le i of the
conn: ■ .•’iic fin t! m But who
and : . i no. the in r recur
niggle betv. claims
c ejection, mid ruer dc
man . justice ■’ And we sit
li .:ing in ci .! dci i. tlier
men slmn aved from moral lied
ness like this?
Under the > ‘-/7i head, P > r>c the.
allegation ilia “he law L • ..alii nt,” by
showing that the States e’.iMir.i enact uni
form laws, and that no 5t..., ic . . binding
except within its own ten it >rv.
The fifth point, viz: “tic ’ this law will
encourage a wild spirit of speculation,” is
ably refuted :
Sir, said Mr. 8., the precisely opposite
result must follow from the confined opera
tion of this law. Senators who urged this
objection, at the same time assert that the
bankrupt law will diminish the security of
the creditor. Is it not, then, most obvious
that it will increase his caution ? I hat it will
render him more careful how and to whom
he gives credit? He will look to the pres
ent means of the debtor, not to his hopes
and expectations in the future, and will lim
it accordingly the credit which he extends.
Such will be its operation on the creditor.
Why should it temptthe dhbtor to wild spec
ulation? The benefit which will result to
him will he. that he will he stripped of his
property, and if his conduct lias been hon
est, that his certificate of discharge ‘’•ill
protect his future acquisitions ; but he en
ters upon his new career with the unenvi
able character of a certificated hankrupt,
and with the certainty tiiat, however pru
dent may he his operations, if misfortune
should again attend them, the door of relief
is forever closed to him, unless his estate
should pay seventy five cents in the dollar.
Sir, this does not seem to me to present any
very strong temptation to wild speculation.
No, sir, the natural effect of a bankrupt law
is to diminish the amount of dealings on
credit, while it renders those dealings more
secure.
Under the sixth head, lie examined the
fallacy which has been put forth by the op
ponents ofthe bill namely that the bankrupts
hold an amount of property which it wouldA
be inconvenient for the solvent portion of the
community to buy.
Mr. B. says this is the highest ecomium
on the law which has been yet passed ; and
if, as its enemies say, it will release, and
make active and transferable property to
the amount of$10(UH>0,000. it will prove
to be a measure of greater relief than any
; other which could be devised.
After shewing the benefit of having the
i law perpetual, Mr. B. closes with a fervid
| appeal to the Senate to do its duty ; and al
j ludesto tho fact, that chamber was inten
| ded to contain the conservative power, and
| be a check on the others by the framers of
j the constitution.
The truth is, the only objection to this
| great and good measure, is that it has been
i introduced by the Whigs and carried
; through by their efforts. Nothing has ever
shown the hollowness of the professions of
{ the Loco Focos about being the friends of
j the poor man so clearly, as their opposition
j to this measure, and nothing will soeffectu
: ally tend to defeat their machinations as for
j the Whigs always to pursue a course which
i will compel the leaders of the opposition
! to take the wrong side.
i MR. CLAY AND THE CILLEY DU
EL.
Our readers must have observed the in
sinuations thrown out by Mr. Wise in the
House on Friday, while stung to despera
tion by the bitter revilings of Mr. Adams
for bis share in the Cilley duel, that one
farabove him instation —alludingofcourse
to Mr. Clay'—was responsible for its incep
tion and its issue. As the public eye will
be naturally turned towards that distingui
ed Senator, in regard to a duel which, bad
as it was, was no worse than any other
fought there or elsewhere, and the fatal
conclusion of which was pre-eminently duo
to the determination of Mr. Gilley to ad
here to the use of the murderous weapon
with which he had the greatest facility of
use, we copy the following notice of its eiil
cumstances from the United States Gw|
zette : 1
So much time has transpired since that!
unfortunate affair, and so many stirring e-B
vents have beer, crowded into the space.*
that we recollect with difficulty, many °B
the more public circumstances of the due*
but there were some private details
may throw some light upon the subject oB
Mr. Wise’s insinuation, or assertion, if ini
deed our memory should not prove treaclul
rous in the matter. I
Our readers will probably recollect MB
Graves bore a message from Col. Webb, fej
Mr. Gilley, in consequence of language
sed in debate by the latter, injurious to C<H
W. Mr. C. made a verbal explanytioj
and then Mr. Graves subsequently
