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bloody hands for tlio tears and heart-broken
wailrogs of a bereaved mother ; they in
stantly dispatched her with tliQsame instru
ment (a butcher-knife,) with which they
had cut the throat of the child ; then set
tire to the house and fled. Tn the mean
time, a man who was breaking (lux, hearing
Mrs. Stegall scream, and guessing at the
cause, made his escape with all possible
speed, and alarmed the neighborhood. Ste
gall, who was not far from home, was soon
informed of the fact of their direful tragedy,
when he, with Mr. Leiper and Mr. Wil
liams, with some others, went in pursuit of
them, and overtook the blood-thirsty butch
ers the next day, about noon, quietly rest
ing, in perfect security, under a cli ft of the
mountain, when they fired upon them, and
the big Harp (as Micajah was called,) was
wounded. Upon being fired oh, they flew
to their horses, leaving their women to their
fate. After mounting their horses they
rode off in difl'erent directions at full speed,
the big Harp upon the horse usually rode
by his brother, though the pursuers all fol
lowed the larger brother, big Harp, except
one or two who were left to secure the wo
men. Leiper, one of the pursuers, being
upon an animal fleet of foot, and possessing
great elasticity of bottom, followed closely
after big Harp for about eight miles over
hills, across ravines, and througli the woods.
Harp’s mare began at last to fail, and Lei
per discovered he could soon overtake him,
but finding himself alone, his comrades be
ing far in the rear, and Harp being a stout
and desperate man, and armed with a good
knife, Leiper pursued cautiously until lie
became satisfied that Harp’s gun was not
charged, he then dashed suddenly upon him
—fired, and broke his arm, the ball passing
also through the side of the chest. Harp
fell from the noble but jaded animal that
bore him, rolled over, and crawling up by a
log that lay hard by, he seated himself with
his back against it. Leiper suspecting (al
though he had dropped his gun,) that he
might have a pistol about Ins person, did not
approach him, until he reloaded his gun ;
then cocking his piece, and presenting it at
him, he advanced telling him that if he mo
ved a hand ho would send the contents of
the rifle into his body ; Leiper having satis
fied himself that Harp had no arms about
him, but a butcher-knife and tomahawk,
made him surrender those, and then enter
ed into a conversation with him, with a view
to ascertain, if possible, the reasons that
prompted him and his brother to the com
mission of such savage and evil deeds.—
Harp said his brother and himself had be
come disgusted with all mankind, agreed
with each other to destroy as many persons
as they could. He knew at the time they
commenced these bloody atrocities they
must die some day or other by the hands of
man, or fall a victim to the offended laws of
his country; but he determined to risk the
consequences, and slay as many as ho could
before the hand of justice would overtake
him. He said he had committed but one
murder for which he felt remorse, and that
was the murder of his own child.
He said that his brother and he had
committed many murders never heard of or
known by others. Stegall and the rest of
the company soon came, —Stegall burning
with rage, on account ofthe murder of his
wife and child, put an end to the conversa
tion, by cutting off the head of Harp with
his own butcher knife, which he had deliv
ered over to Leiper, previous to his coming
up, Harp staring him full in the face, said:
“you are a rough butcher /”
The spot where Harp was slain was be
yond the settlements in what was called the
Wilderness. Some of the company hap
pened to have with them a bag, into which
they put Harp’s head, and set off on their
return march ; and as they passed a small
farm of anew settler, knowing that they
would bo obliged to camp in the woods, they
procured as many roasting-ears as would
serve them for their supper, and having no
way of carrying them, they put them in
the bag with Harp’s head !
Leiper and his company proceeded on
their journey, and came the next day to the
place where the women had been left tied
to a sapling. They were interrogated as to
the cause of their living with such bloody
monsters as the Harps. They rendered as
an excuse, that, when they first went to live
with the Harps, they were ignorant of their
real characters, and when they had ascer
tained their malignant dispositions, they
W'ere afraid to leave them, lest the Harps
should murder them and all their relations.
They also confessed that the unnatural and
abominable wretches with whom they co
habited murdered, their children soon after
they were born. The women were then
liberated, and Harp’s head carried to the
nearest Justice ; and having made satisfac
tory affidavits, they took it to the nearest
cross-roads and put it upon the top of a lof
ty pole. His body was left in the wilder
ness where he was slaughtered, a prey to
the wild beasts of the forest, and fowls of
the air! The spot where the head of this
lawless wretch was put is near the High
land Lick, in Union county, and is known
by the name of Harp’s Head Road.
Thus terminated the life of Big Harp,
whose name and conduct must long remain
as a scorn and by-word to coming genera
tions. But Wiley made his escape, and
fled to the neighborhood of Natchez, in the
State of Mississippi, where he continued his
bloody deeds until the winter of 1803, or
spring of 1804. He having associated
himself with a man by the name of Mason
who was well known in the country as a
desperate villain, and for whose head, if he
could be taken alive, a considerable re
ward had been offered. Harp sought an
opportunity to slay Mason, and having done
so carried it to Natchez, and demanded the
reward. It so happened that he arrived in
Natchez at the same that the troops
from East Tennessee did, who were on their
march, by order of the Federal Govern
ment, to take possession of Louisiana.—
Some of the troops were well acquainted
with IJarp—identified his person beyond a
doubt —and he was condemned and execu
ted shortly after.
Thus ended the lawless arid bloody ca
reer of those incarnate monsters, whose
ruthless, unnatural and barbarous deeds,
must startle and astound the reader who
has not hitherto hoard the story of their
moro than brutal outrages. Even the most
ferocious beast of the forest, and most rapa
cious fowl ofthe ai r, possess social feelings
and animal sympathies. Neither tile
wrathful Lyon, nor the ficrce-evc' 1
will destroy, but guard protect his
female main n>J helpless offspring, as well
uo those of his own peculiar species. The
wild and timid Stag will throw his antlers
between his femenine companions and ap
proaching danger, and guard them with
sedulous care. The Eagle soars with
eyed vigilance around the t0 ,, - ,in ß
where sets his brooding > an( l when
the period of incubat l *® has terminated and
the eve ofthe he'p less Eagle looks upon the
brilliant rays of the burning sun, he feeds
and nourishes them with the most anxious
srffeitude. But the incarnate fiends, whose
character we have just portrayed—incapa
ble of even such animal sympathies and
natural feelings as are inherent in the bo
soms of brutes and birds, —waged a relent
less war upon their own race, and without
provocation,imbued their hands in the blood
of the innocent, the helpless, and unoffen
ding ; and regardless of those paternal fee
lings, which compose the silken cord of pa
ternal kindness and affection, that bind even
the brutal tenants of the forest to their fee
ble offspring, and the winged inhabitants
of the air, to their tender and helpless brood
they butchered their own unoffending chil
dren, who should have been the idol of their
hearts, and the object of their most anxious
solicitude.
However astonishing the story of the t"'o
Harps may seem, we hope it will not be
looked upon by our readers as fictitious and
like the talcs of the “Arabian-Nights,” or
of Baron Monchauson, intended only to a
muse and entertain the reader, but rest with
unshaken confidence in the truths of this
tragic history.
THE KENTUCKIAN IN HAVANA.
On a certain Twenty-Second oj February
not many years ago, there was seated at a
dinnertable, at Cuney and Fulton’s, Hava
na, a party of about a dozen Americans,
principally seafaring men, who had gath
ered there for the purpose of celebrating in
a quiet way the anniversary of the birth of
the immortal Washington. Asa matter of
course, “patriotism” was all the go that day
There was a man in the crowd whose heart
failed to overflow with American feeling.
As the apostle Johnson had not then visited
the West Indies, teetotalers were rather
scarce among the shipmasters in port.—
Consequently, early on the morning of the
anniversary, commenced their libations—
, they took occasion to foreswear “their po
tations,” in the outset, and when the dinner
hour arrived, no one “came to the scratch”
who would answer for a pattern of sobriety.
The most uproarious of the collection was
an out-and-out Kentuckian, who by some
strange operation had made the “deep deep
sea” his home, was then in command of a
Baltimore schooner, which happened to be
. in the harbor. In no man’s breast did the
fire of amor patriot beam with a steadier
or stronger (lame. He was “chuck full of
Kentucky glory, Kentucky valor, as well
as Kentucky fun.” Yet another of the party,
was a young Captain of an English-mer
chantman, who had been urgently pressed
to partake of the feast, by some acquain
tance at the table, not particularly mindful
of the consequences.
The Englishman evidently found himself
in a bad box—the set was not such an one
as he had been accustomed to, and the tone
of conversation, and the behaviour of the
Republicans, seemed to be of a very novel
character. IJe watched the motions of the
Kentuckian with some degree of apprehen
sion, for his ideas in regard to Kentucky
and its inhabitants were of a very peculiar
character, and he thought he saw in the
sample opposite him at the table all that
wildness and ferocity which ho had been
led to believe characterized the barbarians
of the “Dark and Bloody Ground.” The
Kentuckian was not long in preceivingthat
he was attracting a good share of the Eng
lishman’s attention, and silently determined
to make the most of the joke. The eyes of
this man wore a singular expression; one of
them was a light blue, and the other a dark
hazel ; on the bridge of his nose, near the
corner of his right eye, was a small wart,
which he had attempted to destroy with
some sort of lotion, and which had thereby
been dyed quite black. These peculiar
ities gave his face a queer and sinister ap
pearance.
The first toast offered from the head of the
table was, “Mary, the Mother of Washing
ton!” The Kentuckian seized a decanter
swallowed at least one fourth of its contents
and rising from his chair, deliberately
dashed the bottle into fifty pieces. “That’s
the way to drink that toast,” said he, and
calmly took his seat. The Englishman
turned pale, for he began to think the next
decanter would be broken over his head.
“I say, Thompson,” observed the Ken
tuckian, winking to a person next to the
Englishman, on the opposite side ofthe ta
ble, “do you know that the man who gouged
my eye out the second time is now in this
very city?”
“No; is he?”
“Yes he is ; I met him yesterday on the
Posco, and he sunk like a mud-turtle into
his shell.”
“Did you speak to him?”
“Devil the word ; but I watched where
he went to, and am determined to fix him,
spite ofthe consequences.”
“I think you had better not,” said the
other who seemed fully to comprehend the
Kentuckian’s desire for a little fun.
“Perhaps you don’t know all the circum
stances of that fight,” said the other, draw
ing himself up rather proudly. “The way
it began, you see, was rather queer. That
man’s cattle used to get into dad’s pasture,
and one day I caught”—
“Fill up for the second toast, gentlemen,”
called out the President.
“All charged.”
“Th n Star Spangled Banner!”
The Kentuckian contented himself wW
a wild and startling “hip, hip, luvstory.
this toast, and quietly rysiavorito Durham
“One day I cajjgj of his tail und right
Ullc j feathered it, and sent
..°i r iomo in all its glory.”
The eyes of the Englishman were fixed
upon the narrator with a glassy stare. —
The Kentuckian continued his tale.
“There “ ere three brothers of thorn; two
came t” n,c the next day to give mu a flog
j,jlV!r. I killed one, by throwing him three
• ods over a stone wall with a pitchfork.—
The other run and jumped into a horse-pond
where I pelted him to death with squashes.
The jury acquitted me on the ground that
I had merely acted in self defence. A few
days after, the third brother—the one now
in Havana, and myself, went out a-train
ing, and fought until we were completely
tuckered out. When we got through we
compared notes. He had got my right eye
and I had chewed offbothofhis ears, and
we made an even swap ; that was the way
I got my eye back. A celebrated eye-doc
tor came along a day or two after, and fas.
tened my eye into my head again. Do you
see that?” (pointing to the black wart in
the corner of his eye) “that is the head of
the screw by which he fastened the eye to my
nose, in order to hold it !”
It would be difficult to paint the various
expressions of disgust, terror and alarm
which chased each other across the face of
the Englishman during this recital. When
“Old Kaintuck” pointed to the “screw” the
Englishman could stand it no longer, but
leaped from the table, seized his hat, and
made for the door. At one bound the Ken
fuckian jumped over the table, and with a
perfect Omctaw yell, rushed after the fugi
tive. The last that was seen of the Eng
lishman he was racing down the street as
though Old Nick was after him, while our
friend from Kentucky had coolly resumed
his scat at the tuble, and filled his glass for
the third toast.— Picayune.
Curious and almost tragical Occurrence. !
—The Norfolk (Va.) Herald, of the 31st I
ult. relates the following: “Asa colored
female, dressed in the height of the fashion
and sporting adashing parasol, was passing
along Upper Cumberland street on Sunday
afternoon, a cow very unceremoniously in
serted the tip ends of its horns a little below
the bustleing part of her dress, and tossed
her about six feet in the air—an exploit
which it performed a second time, and then
trampled on and mouthed about the unfor
tunate darky with a seeming determination
to make a finish of her. Two gentlemen
who witnessed the scene, however, ran to
the spot in time to rescue her from the an.
imal, though she was severely bruised, and
her face (which had struck upon the pave
ment in the first fall) was much lacerated.
It was the opinion of the gentlemen, from
the actions of the cow, that the animal was
not so much instigated by malice or wan
tonness, as a desire to get at the quart of
bran in the girl’s bustle! So we earnestly
advise ladies who wear “them things,” to
keep out ofthe way of the cows, for some
of them will go their own death as well as
that of liumans for their prog. And per
haps it would be well for the corporate au
thorities to prohibit these mischievous crea
tures from going at large within the limits
ofthe Borough, where bustles are all the
go.”
It has been remarked as a singular co
incidence in the death ofthe “great and good
Washington,” that he died in the last hour
in the last day of the week, in the last
month in the year, and in the last year of
the century, viz : Saturday night, twelve
o'clock, December, 1799.
From the Southern Miscellany.
MORGAN AGAINST BURKE.
COTTON BOLLS.
We have been presented, by L. Graves,
Esq., with three stalks of Cotton, from the
plantation of Mr. Reuben J, Butts, of this
countVj each three feet high, exclusive of
the roots, having, together, at this early sea
son of the year, twenty-six squares, blooms
and bolls—eight of the latter being as large
as partridge eggs. We are informed that
the stalks before us are a fair specimen of
his crop generally, and that his prospect for
a good Cotton crop was never better than at
this time. We think Morgan is several
weeks a-head of “ old Burke” in theCo'ton
line. The stalks can be seen in our Read
ing Room.
THE RHODE ISLAND WAR.
The following is the official return ofthe
killed and wounded :
Killed o
Wounded ()
Missing 481
Scared 960
Horribly frightened 789
Fainted on the battle ground 73
Women in hysterics 22
Pantaloons in want of the washer
woman 227 prs.
Powder burned, said to be (but is
doubtful) > oz.
Shot expended 6
Temperance pledges broke (before
the battle) 330
Governors missing 1
Ihe behavior of the troops was gallant
beyond all compare, and they began to bat
tle with the following song :
Then up arose that man of might,
The valiant Governor Dorr,
And said, “I am resolved to fight—
My voice is still for war.”
Behold this sword”—and at the word
It from the scabbard flew ;
“It has drawn blood in Florida,
I draw it now for you.
“Two Indians its keen edge did feci,
And straightway bit the dust ;
Behold e’en now upon its blade,
Two spots of gory rust.”
He flourished it above their heads
Eager they burned for war;
The spots of blood, ere while but two,
Seamed now increased to four
. mi RIIODE-ISLAND QUESTION.
There has been so much misrepresenta
tion, by selfish demagogues for party effect,
in relation to the merits and nature of the
recent controversy in Rhode-Island, that we
yield with pleasure to the request of a
friend, and give the following article from
the Baltimore Clipper, a place in our col
umns. We ask for it the candid attention
of our readers; and its influence with some
people may be greater from the fact, that it
is from a neutral paper.
Mobile Advertiser.
“ Much ado about Nothing.” —The revo
lutionary party in Rhode-Island have at
tempted to move Heaven and Earth, to re
dress the grievous wrongs under which they
arc said to be groaning, if not expiring—
and really, from the outcry which they have
made, and the sympathy meetings which
have been held in New-York and elsewhere
—from tiieir armaments on foot and their
loud call for protection from the people of
other States—one would be induced to be
liev-. that the landholders of Rhode-Island
were riding rough-shod over the Suffrage
party, and ruling them with the iron rod of
despotism. But when the matter is inves
tigated, the whole grievance is found to
consist in the landholders requiring that
those who possess no property shall reside
two years in the State before being entitled
to voto, whilst the latter insist that one year
is sufficient. And that-is the foundation of
the mighty pother, which lias called forth
the eloquent denunciations of ex-ministers,
cx-membersof Congress, and a host of wor
dy patriots, and the inflammatory appeals of
abolition editors and reckless politicians.
We take the following from a statement
submitted to the President of the United
States, by Messrs. Whipple, Francis and
Potfer, and we ask those fiery patriots who
are for pursuing the legal authorities of
Rhode-Island with “ blood and thunder,” to
read it attentively, and then ask themselves
whether the difference between what was
granted and what was asked for was of
such vast importance as to be just cause
for a civil war.
“By the provisions of the ‘landholders’
constitution,” as the legal constitution is
called, every white male native citizen,
possessing the freehold qualification, and o
ver 21 years of age, may vote, upon a resi
dence of one year ; and without any free
hold, may vote, upon a residence of two
years, except in the case of votes for town
taxes, in which case the voter must possess
the freehold qualification, or be taxed for
other property, to the value of $1 50.
“By the ‘people’s constitution,’ every
white male citizen ofthe United States of
the age of 21 years, who has resided in this
state for one year, in the town where lie
votes for six months, shall be permitted to
vote, with the same exception as to voting
for town taxes as is contained in the other
constitution.
“ The provisions therefore, in relation to
the great subject in dispute, the elective
franchise, are substantially the same in the
two constitutions.”
The right of suffrage was extended by
the legal constitution to all white male ci
tizens over twenty yearsofage, and having
a residence in the State of two years. In
Maryland the limitation of time is one year
and that is the only material difference in
the constitutions of the two states. In Ma
ryland a party might be raised who could
go for shortening the residence to six or
three months, or even for a shorter time.—
If such a party were to be raised; have a
convention called ; form anew constitution
and elect their officers under it; they would
have as much right to complain of oppres
sion, to ask for sympathy, and to fly to arms
as the men in Rhode Island who prefer one
year’s residence to double the term. But,
would the legal government of Maryland
succumb to such a party ? Would they
BOt enforce the laws of the state against
the revolutionist ? There can be no doubt
ofit.
If the doctrine contended for by Mr. Dorr
be correct, that “the majority have the right
not only to govern but to alter and abolish
governments at their pleasure,” there can
be no stability in governments; no safety in
laws. Life and property may be made the
sport of caprice. But the aim of Mr. Dorr
in maintaining this principle has a further
reach than is discoverable at first view.—
He isa thorough abolitionist, and advocates
what he terms “human rights”—that is e
qual rights without reference to color; and
of course his majority which shall have
“the right not only to govern, but to alter
and abolish governments at their pleasure”
includes colored as well as white people;
so that the southern states may have their
constitutions rightfully altered whenever it
can be done by the slave population. This
Rhode Island insurrection is said to be an
abolition movement ; and, if successful to
the extent desired by Mr. Dorr—that is, the
recognition of the right of tho majority
(white or black) to rule or to destroy ; then
principle would be applied to the southern
states by theabolition party, and worse than
civil war would be tho result. We rejoice
that he has been frustrated. He has proved
himself a coward and a traitor to those who
had confided in him. He has just courage
enough to lay the train to a barrel of gun
powder, but leaves others to encounter the
explosion.
YVe recognize the right of the majority
of free white mal citizens to rule, according
to the constitution and laws of the land, but
in no other manner.
“Do you ever play cards?” inquired
George 111. of Horne Tooke. “Please
your majesty,” was the reply, “ I am so
little acquainted with court cards, as not to
know a king from a knave.”
Miss Hamblin, the play actress who late
ly murdered her husband at Mobile, is in
New York, disguised in male attire, sport
ing mustaches, and cane, with as much
grace as the most accomplished dandy any
where. No steps have been taken by the
Alabamians to bring her to justioo
From the Natchez Dory Courier.
Natch I-:;:. May 13, 1612.
Mr. Editor:—l h row it h transmit you
some extracts from a letter received recent
ly from Mr. T. F. Finnic, who was the
principal of an emigrating company under
Captain Bayles, who left th.s city in the
spring of 1840, for the purpose of introdu
cing the culture of cotton into the different
Presidencies of India. As there have been
many erroneous and contradictory state
ments in circulation throughout the United
States respecting the success or total fail
ure ofthe enterprise, the following items
are submitted to you for publication for the
benefit of those of your readers who may
feel interested. U. S.
Kootramucksandroor, Jan. 11, 1842. i
Banks of the Junna. )
Yours under date of August 7th, 1841,
was received on Christmas day, when sur
rounded by my companions at our first
meeting since we separated in April last.—
All of the number present had enjoyed ex
cellent health. \Ve numbered at our fes
tive board, six Americans, two of whom are
American missionaries, four Englishmen,
and one Scotchman, and one lady, Mrs. B.
I send you some of my published articles
relative to your prospects here. The young
men that were at the Bombay and Madras
Presidencies, are, I believe, on the eve of
returning home;tliose from Bombay I know
are; I do not believe, however, it is because
they could not succeed ; one of them lias
been sick ; they were, I believe, iti some
respect disappointed. But an Englishman
might as well go to the United States to
plant cotton, and attempt it in Now York,
and give it up, and say it would not grow
in America, as for those who have only
been to Madras and Bombay to say that
cotton would not grow in India, because
they failed in their attempts. lam just as
sure of making cotton here, as if it were on
the banks of the Mississippi. Our late ar
rival in the country, a misunderstanding of
what we required, and and the drouth here,
has prevented us ftom making it profitable
this year, yet we have made something. 1
have made about 20 bales on my own ac
count. There have been two showers of ;
rain lately—one of the 18th of December, I
the other on the Ist of January. I called
out the ploughs, 200 in number, for four or
five days, and have now upwards of 1,000
acres ploughed and cross-ploughed at a cost
of 12) cents per day for each plough, the
natives finding themselves and bullocks.
The wages ofa laboring man is 81 02.)
cents per month, he furnishes his own sub
sistence. There are large quantities of
native cotton grown here ; it is sown broad
cast, like oats, and not cultivated at all.
The land here is laid out in a manner
similar to our townships, each containing
some 5,000 acres, I am now constituted a
“Zemendar” or Landlord, and have con
trol of a tract of land as above mentioned,
containing a village of 2,000 inhabitants,
and although this number of people derive
their subsistence from my tract, yet no
more than one third of it is cultivated.
I have a large quantity of burga, (wild
land) all grow up with grass, which has
not been tilled within the memory of the ol
dest inhabitants upon it, and some of my
tenants are 90 years old. There are mil
lions of acres in my neighborhood unculti
vated, the people being naturally indolent.
At the commencement ofthe raius, I offered
them thisgood land one year for nothing,
and also offered to loan them money to
bring the land into cultivation, but they
wholly declined making an effort. I ac
cordingly hired them to do for me what the}’
would not attempt for themselves, and that
too, at a price that would not purchase a ne
gro a single meal. They do not under
stand the management of horses, but plough
with bullocks. The native plough is of
rude construction, but acts admirably in the
place of our coulter plough in tough land ;
until theirs has passed through it once or
twice it is almost impossible to use our
ploughs.
There has been a great drouth this year;
the rain ceased in August, just a month
sooner than usual, and consequently out
crop did not turn out as well as it other
wise would have done, but had we been pre
pared in time, and been able to plant a full
crop, it would have made a handsome pro
fit this year. I see that the papers in the
South are rejoicing at what they call our
failure, and that a letter of one of our par
ty has been published ; the opinions it con
tained were evidently formed before the
writer had an opportunity of forming a cor
rect one. Notwithstanding all these unfa
vorable expressions, I beg leave to exercise
au opinion, and now assert, as a few years
will prove, that cotton can be produced here
fifty per cent, cheaper than in the United
States. It requires more energy, industry
and perseverance here than in the States to
get things under way, but after we have
once learned the people how to use our im
plements, they handle them with a good
deal of dexterity. When I first commenced
ploughing with our ploughs, it took three of
the natives to manage a single plough and
the bullocks; then I got two of them to man
age it, and finally one man, after some
practice, managed both the plough and the
bullocks with ease. The natives are a
fraid of horse i, iiile; sit i those wlios pro
session or cast it is to tike care of them.
I have six natives and one white man as
overseer, but ‘he natives will perform dou
ble the work sot -Barra Said,” as they call
me, than for any om ‘se.
Battery no Assault. —A fiend ofour tel Is
us, that while stand :rt; it the Post Office
not long since, one gentleman struck anoth
er with a newspaper—(by the way both
were democrats and both subscribers to the
paper alluded to.) “Arc you aware said
the person struck, “that you have commit
ted an assault ?” “No,” said the other, “I
am sure I have not; for that depends, in a
great measure, on the instrument with
which the blow was given. 1 only struck
you with the “Federal Union!” “Well, in
that case I freely and fully acquit you as
the instrument, is too soft to inflict any iniu
ru.”—Savannah Republican
IMPORTANT DECISION IN BANK
RUPTCY.
Tho operation of the involuntary pro
visions of the Bankrupt Law have been il
lustrated by a case of much importance in
the District Court of the United States for
Middle Tennessee, Judge M W Brown pre
siding. Wo commend it to the attention
of the commercial and trading community
especially, as affording an insight into tile
remedy provided by this benefice nt law for
cases of partial or fraudulent
and conveyances, made in failing circum
stances.—New York Express.
The facts of tho case, as we find them
stated in the Nashville Whig, are briefly
these :
Galbraith, Cromwell, & Cos., were part
ners in trade at Clarksville in this State,
and (under the firm ofGalbraith,
Cos.) at N. Orleans La. In the month of
April, they failed in business and became
insolvent. About the time of the failure,
Cromwell, one of the firm, and the active
partner at Clarksville, made an assignment
of the partnership effects to secure certain
creditors,leaving unprovided for a large debt
due to ihe Planters’Bank, McKeage, and
other creditors. The claims of the prefer
red creditors amount to upwards of880,00l)
and the claims left out of the deed of trust
to #IOO,OOO. Logan, one of the firm, was
privy, and consented to the assignment made
by Cromwell. The other partners, Gal
braith & Greenfield, were at New Orleans
and knew nothing ofit when made, and dis
sented to the transfer of effects as soon as
they heard of it.
The Court decided—l. That tho prefer
ence given by Cromwell in tho deed of as
signment made for the benefit ofa part of
the creditors, was in violation ofthe Bank
rup Law, and on account of this preference
the debtors being merchants, it was a fraud
on the part of Cromwell, anil also on the
part of Logan, who consented to the trans
fer. It was an act of Bankruptcy on their
part, and brought them and their effects un
der the operation of the Bankrupt Law on
the petition of their creditors. 2. That the
deed of transfer made by Cromwell, being
in violation of the Bankrupt Law, was ut
terly void. 3. That Galbraith and Green
field, who had no knowledge of tho deed at
the time it was executed, and dissented
from the transfer so soon as they heard ofit,
were not, personally, affected by the act of
Cromwell, and that the same was not act of
Bankruptcy on their part. 4. That Gal
braith, Cromwell & Cos., and the partners
composing the firm, being insolvent and
partners in trade, the whole ofthe partners
must be declared Bankrupts by reason of
their insolvency, under the 14th Section of
of the Act es Congress in relation to Bank
ruptcies. And a decree was entered ac
cordingly.
This decision settles a most important
point in relation to mercantile partnership,
viz: That is, partners becoming insolvent,
can be declared Bankrupts under tho
14th Section of the Act of Congress, on ac
count of their insolvency alone.
The effect ofthe foregoing decision upon
the partners acquitted of fraud, but declared
Bankrupts bv reason of their insolvency, is
the same as in cases of voluntary Bank
ruptcy. The commissioner and assignee
having reported a full and satisfactory sur
render of all effects, (individual as well as
partnership,) under the control of Messrs.
Galbraith and Greenfield, they are entitled
to a final discharge and certificate upon their
own petition, unless other cause of denial
than the acts of their partners, should in the
meantime transpire. The Clarksville part
ners occupy a different position, and can
only be discharged by the concert of a ma
jority, in interest, ofthe non-preferred cred
itors.
GEN. JACKSON’S FINE.
Our readers all understand thattlie move
in several Legislatures upon Congress for
the repayment to Gen. Jackson of a fine im
posed on him in New-Orleans is a party
manosvre, intended to raise a little Hicko
ry fire under the caldron of Loco-focoism.
We think the Senate have been very kind
to Gen. J. in the course they permitted the
matter to take in that body. A friend has
furnished the following account of the trans
action on which this application is founded.
N. Y. Tribune.
-“ It is generally supposed that the act of
General Jackson for which ho was fined, a
rose from the necessity under which he was
placed to act thus for the preservation of
the city ; that lie declared Martial Law,
&c. Now had tho action for which the
fine was imposed taken place either before
or at tho time ofthe battle, or pending any
imminent danger, there might have been
some color ofjustification. Such, however,
is not the fact; for the circumstance took
place on the 18th day of February, over'-*
days after the battle. At that time about
2000 militia were stationed below New-
Orleans, in a savannah, where they were
dying off very fast. Mr. Souailard, a mem
ber ofthe Legislature, called upon General
Jackson and told him of their situation, and
that the ratification of the treaty of Ghent
was known on the authority of Mr. Living
ston, who had just returned from the British
fleet, and askeu that they should be reliev
ed. Tb s Gen. Jackson refused. Mr. S.
made an appeal, or statement ofthe facts,
in the public papers. For this act of pub
lication Gen. Jackson, by virtue of martial
law, imprisoned Mr. S. A writ of habeas
corpus was issued by Judge Hall for his
release, which- Gen. Jackson refused to o
bey—and for such refusal he was fined- for
contempt of Court, by Judge Hall.
The American People are now called
upon to refund this fine with interest, for a
gross violation and contempt of law, to a
man who has been the recipient already of
the highest honor that a free people can be
stow, and who has already received mord*’
than 8200,000 salary in one office only.
Q. in the Corner ”
The Central Bank, we are told, isdiscoun
tingto its friends about Milledgeville. None
but it? friends need apply.
