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About News & planters' gazette. (Washington, Wilkes County [sic], Ga.) 1840-1844 | View Entire Issue (Oct. 19, 1843)
HENRY CLAY. [an extract.] VV'ho does not know him, upon whom the hopes of Whig America aro fastened, and lowborn (he eyes of Christendom are directed ? Who does not know the most re markable man of this age—the man whose youth was without the blessing of a finish on education, the support of wealth or the prop of powerful connexion ; and who thus naked of all armor, savo that of his own great genius, indomitable courage, and unspotted honor, has urged himself to w hat the writer of this article considers as higher than an imperial station. In a democracy with tlie popular bun upon him ; in a de mocracy wherethe people are supreme, and where the will of a majority, a law resistless as the deluge, is spoken of by men with o riental reverence, —three times barred from the highest office, ho hus still maintained his place at the head of a minority, battling witli iindiminished ardor, for the true pol icy of this country, and clinging with the tameless energy of an unconquered giant, to the pillars of her constitution. “ His friends have struggled with and suffered under him, without die hope of e molumont, proscribed from the honors of their common country. He had no office to give, no power to bestow, no patronage to extend, no emolument or reward to offer. The principle of union among them lias been the love of country alor —the light which led them, was the hop one of pre serving from utter destruction > ose eternal principles of organic law and constitutional Government, upon which the liberties of mankind depend, until the nation should recover from that .spasm of delusive admi ration into which the splendid success, over hearing popularity, and daring pride of one great chief had thrown it. “ They have felt it no depredation to re cognize him as their head and leader in a conflict, in which they were ail sufferers, and fie the greatest sufferer of all. In his adversity they have never deserted, in his darkest hour thoy have clung the closer to his side, to cheer and to soothe. As it is not degradation to obey, so they feel it is not adulation to praise him, who lias no power but the love of his friends, no moans to punish, reward, or compel.” Extract from the speech of the Honorable Daniel Webster at the agricultural meeting at Rochester, New York : “ Without to-night entering upon any de batable ground of politics, upon any thing that does not partake of elementary truth— and I say it under the conviction that it is a matter ofelementary truth—to which every true American citizen who will not give way to names, hut thinks that there is some thing in things, I say that it is in the power of Government, that it is the duty of Gov ernment, to a considerable extent, to lake care that there should be a demand for Agri cultural products. lam not about, gentle men, to enter upon tho question—the deba teable subject—of a Protective Tariff’, to any considerable extent. But I, neverthe less, do say—at least I do think—and why should I not say it ? Ido say, gentlemen, that the Agriculture of this country is the great matter which demands Protection. It is a misnomer to talk about the Protection of Manufactures ; that is not the thing we want or need: it is the Protection of the Ag riculture of the Country ! It is a furnish ing to the surplus productions of that Agri culture a market, a near market, a home market, a large market! Why, gentlemen, many of my friends and neighbors in my own State have invested their capital in Manufactures. Os course they desire employment in this branch of industry. But suppose they do not get it: cannot they turn their capital into other channels, into a thousand other pursuits to morrow ? Are they shut out from all other ways of living ? Do you suppose that the Protection of this interest is as important to them as to you. Is it as essential, as abso lutely necessary to their interests as to yoursl Not by ten thousand times! Y’ou want a market for your productions. You want consumers. You want open mouths and unclad bodies to eat and drink and wear the surplus productions you have pro vided for them ! You want a home mar ket, a steady demand for your Agricultur al products. And this is, and must be, furnished by the commercial classes, the sea-faring classes, and all other classes of non producers. Now, gentlemen, I cer tainly admit that those who have invested their capital in Manufactures have a great iuterest at stake, and it is just that they should have secured by law a reasonable protection to that interest. But I do also insist, in spite of all the sophistry and all the folly (as I must call it) of this age—and this age is full of sophistry and folly on this subject—that the great thing to be looked for is, that we have at home a demand for the surplus products of our Agriculture, and, on the other side, a home demand for the products of Manufacturing industry.— This neighborly exchange it is, this sup plying our own wants from city to city, from village to village, from house to house, this, this it is which is calculated to make us a happy and a strong people. Now there is on this subject, especially among our bretheren at the South, a strange infatuation. They are respectable—rea sonable men—candid men, in some res pects—in most respects : and yet see how they-reason upon this subject. Gentlemen, I belong to Massachusetts. I have taken the pains to inquire what sum of money Massachusetts pays to Virginia and Caroli na, to say nothing of New York, every year for their agricultural products : and it amounts to several millions. If we take the Eastern part of Virginia, and the East ern part of North Carolina, what have they for sale but agricultural products purcha sed by the manufacturing ana commercial classes of Hew England ? Nothing on the face of the earth —and we pay them many millions. Does England take their grain ? Certainly not: and yet, owing to causes which it would be easy to explain ifit were proper, owing to prejudice, owing their pe culiar notions—for notions ore quite as common there as in New England, though New England is the ‘land of notions!’— there is a perfect reprobation of any idea of protection giving them any sale for their agricultural products, although they find, day by day, that we buy and pay them for their products by manufactures of the North —and it is the only tiling they got a dollar for: and are ready to drive us into raising corn and agricultural products for our selves—they being agricultural, and find ing the article continually becoming chea per, and no persons except ustobu v oftliem! Now that's a strong case—though perfect- | ly true of Eastern Virginia and of Nortli j Carolina. Why, gentlemen, 1 live on the sandy sea shore of Massachusetts, and I get along as well as 1 can. lam u very poor farmer upon a great quantity of very poor land.— But my neighbors ami I, by very great care —1 hardly know how—continued to live on. We pay for what we purchase ; though, for my life, 1 could hardly tell how ; this only I know, they all get paid in some way. And yet these men complain that we do not raise what we want ourselves, but buy of them ! There seems to bo much truth in an old saying, that “Maxims which have a seeming sense take firmer hold, and endure longer in the mind, than those which are founded on nature and experience.” Men like dogmas ; they like theory. Iftheycan pick up or scrape together a string of apo thegms or enigmas—the fact and truth and all the human talent in the world can ne ver argue them out of them. Equal delu sions prevail in other parts of the country, as, for instance, the notion that protection to manufactures is a thing peculiarly bene ficial to those engaged in those pursuits Far from it. As 1 have said, the capital of Massachusetts can go to commerce, or can ! goto fanning. But what can he do, whose , farm is his sole estate, but till it ? Can lie i transport it or go into other pursuits? The ! fact is, protection to this ciass of society is, next to the beneficence of Hoaven, whose sun shines and whose rains fall upon us, the highest object, the most absolute neces sity to those who cultivate the land, and raise from it more than suffices for the wants of themselves and their families. Now, gentlemen, we are Americans.— We have a vast country, a variety of cli mate, and various pursuits. We have ag ricultural States, and we have plantation States. We have manufacturing interests and commercial interests. And our busi ness is not to array our various interests in to a belligerent and hostile state, not to in flame our own passions or the passions of others concerning the measures of govern ment for the protection of our own particu lar interests ; —but let us make the whole a great national, I may say a family con cern. We should not aim to produce the impression that one interest is set against another, but that we all go for those laws and measures which will be most condu cive to the general good. We should re member that we are citizens of the United States; that as such we are interested in the United States and in every State, —that we are interested in the concerns of all classes and of every class ; and 1 do firmly believe that moderation, and wisdom, and perseverance, and truth, and reason, will ultimately prevail over all the influences which seem to separate the interests of one class fro'm those of another. Why, what I have said in relation to the necessities or wants of agriculture, is strict l v true with regard to our brethren of the South engaged in the Plantation interest. The first market for their cotton, and the best market, is with the Northern and New England manufacturers of that article, and it is absolutely astonishing that this is not perceived. The North takes one third of their cotton, and that the first third, and fix es the price ;it is sold with small charge for freight, and still brings a high price.— And l say it is absolutely astonishing that those whose living depends on the produc tion and sale of this article, should riot -see to what an extent it depends upon the man ufacture and consumption of the article in our own country. These truths—these el ements o f political economy, are as true on the James river and in Alabama as here; and let popular prejudice be informed, and kind feeling mark all discussions of the subject, and we shall come to see how much our happiness and honor depend upon a free, and just, and liberal intercourse a mong ourselves.” LOCOFOCO ELOQUENCE!! ! The Huron, Ohio, Reflector, gives the following verbation report of the “Speech” of General Brinekerhoff, the Locofoco nom inee for Congress in the Lorian and Huron District. It breathes the very soul of elo quence: “Gentlemen, I return you my thinks for my nomination for your member of Con gress. Gentlemen, I don’t pretend I’ve got much learning ; 1 make no pretensions, gentlemen. Gentlemen, I’m no speech maker; I’m a plain honest man ; that ain’t my business, gentlemen. Gentlemen, my business is for to hold the plow. Gentle men, ifyou elect me, gentlemen, I shall serve to the best of my abilities ; I shall be in favor of Democratic measures, gentle, men. [Applause.] Gentlemen, I’m in fa vor of harbors and piers, gentlemen. They make the farmer’s produce; such things brings a fair price, gentlemen. Gentle men, I’m in favor oftariffs—[Here the wire pullers scowled, and the orator continued,] but, gentlemen, I’m not in favor of a Whig tariff; I ain’t in favor of a tariff to protect and build up manyfacters, but I’m in fa vor of sich a tariff as’ll give the farmers a fair chance. [Tremendous applause.] I’m in favor of the independent sub treas ury ; I shall vote for it, if it’s introduced a gain ; maybe it will be altered some, but I shall vote for it if the democracy wants it. I’m in favor of Martin Van Buren, 1 know’d him in 1822, as long ago as that, gentlemen, in the State of New York, which we both came from. He is my political and per sonal friend, gentlemen. VVe was acquain ted when he was the Governor in New York. 1 kaow’d him in the Convention, gentlemen —I*mean the convention that formed the Constitution of the State of New York, which we reside in. Martin Van Bu ret) is a dimocrat, gentlemen ; I consider him a dimocrat. [Applause, with the ago ny piled very high.] I consider him a man of talents. 1 consider him a very talented man. We always was friends, and I con sider that lie’s a man that’s in favor of his country, and will ho next President. [Un limited and indescribable manifestations of applause.] Gentlemen, I am against a United States Bank ; Martin Van Buren is against a Uni ted States Bank. I know’d Martin Van Buren when he was Secretary of Slate un der General Jackson, and when he was President of these United States, and Vice President, and Foreign Minister to Europe, and likewise Senator of the United States and of the State of New York. [Here the Speaker paused, either to commune with himself, or expecting applause ; but his au dience were silent, except a few near the door, who shuffled their feet a little, and he proceeded.] Gentlemen, lam in favor of the independent subtreasury, and the far ming interests of our country. I concur entirely in harbors If you elect me to the Congress halls of ourcountrv, 1 shall serve you to the best of abilities. I return you my thinks, gentlemen, for your kindness and I—l thank you for listening to my speech.” [Whooping, stamping, clapping, &c.] Col. Johnson’s reputation, as is well known rests mainly on two alledged ex ploits;—one in having written the famous Sunday Mail report, and the other in hav ing killed ‘Tecutnseh.’ He has accom plished minor achievements which lend a shade of brightness (if the bull be allowa ble,; to his character : but these are the two great facts on which his fame is principal ly based. With reference to the first a chievement it is stated in Southern papers that the original draft of that Sunday mail Report of which Col. Johnson was the re puted author, was found among the papers of the late Dr. Cooper. Thus fades one half of the Colonel’s glory. The other is disposed of by a correspondent, who men tions a fact we have never seen before, and the accuracy of which we have no means of determining, as follows : “ Allow me to relate an anecdote which was communicated to me a short time since by an old inhabitant and early settler of O hio ; whose veracity and general intelli gence are beyond questionable doubt. He says at the battle of the Thames when Col. Johnson was wounded, he was brought into the town of Urbana, in a state of much ex haustion and pain from his wound, and immediately placed under medical assis tance and advice. Owing to a weakness, which would naturally prevail under such circumstances, the Colonel became very much alarmed for his life and fancied that he would certainly die—calling around him those who were near and giving instructions relative to the disposition of his effects and the iutermentof his body. The state of the Colonel’s mind was communicated to a wag about the place at the time, who immedi ately repaired to the Colonel’s sick bed and told him he must abandon the foolish and absurd notion of and) ing then—iliat the very idea was ridiculous and absurd—that the country could not spare him—that the ser vices of a man of his courage and bravery could not be dispensed with—that he had killed Tecumseh the greatest Indian war rior that ever lived, and that he must still live to receive the reward of his labor and enjoy the fame of his achievement. Now this man says he concocted tire story and told it to Col. Johnson only for the purpose of animating his his spirits and inspiring with fresh hopes of recovery, and he says the effect was perfectly magical when he told him he was the hero of Tecurnseh’s death.” N. Y. Tribune. Fisher Ames. —The following passage from the Biography ofFisher Ames, by the late President Kirkland, is worthy of being printed in letters of gold. Would that it could be read and regarded, as its impor tance demands, by every young man in this country : ‘•When vice approaches the youthful mind, in the seductive form of a beloved companion, the ordeal becomes threatning and dangerous in the extreme. Few pos sess the prudence and unyielding firmness requisite to pass it in safety. Those who have been accurately observant to the de pendence of one part of life on another, will readily concur with us that Ames’ future character derived much of its lustre, and his fortunes much of their elevation, from the untainted purity and irreproachable ness of his youth. Masculine virtue is as necessary to real eminence as a powerful intellect. He that is deficient in either will never, unless from the influence of for tuitous circumstances, be able to place and maintain himselfat the bead of society.— He may rise and flourish for a time, but his fall is as certain as his descent to the grave. He who holds parley with vice and dishonor is sure to become their slave and victim. That heart is more than half cor rupted that does not burn with indignation at the slightest attempt to seduce it.” Col. Johnson stands the regularly nomi nated candidate of the Locofoco party in Kentucky for the Presidency of the United States. In his late letter to the Indiana committee he says that a protective tariffis one of the leading tenets of the Democrat ic creed. Now, do not the Locofoco papers in this state exhibit a queer spectacle when they avow themselves the Colonel’s zeal ous advocates, and yet daily denounce a tariff ol protection as a wholesale system of Whig thievery, rapine, and plunder ? THE SUB-TREASURY AND THE LOCO FOCO PARTY. The Sub-Treasury is now called a Re publican measure by the Loco Foco party, and all who oppose it are denounced as Federalists when, but a few years ago, the Sub-Treasury was denounced by that par ty as a Federal measure. Thus showing that whatever measure they advocate, how ever Federal it may he, is purely Repub lican. And whatever measure the Whigs advocate, however Republican it may be, is denounced by that party as a Federal measure. When Gen. Gordon, of Virginia, first introduced the Sub-Treasury into Congress, it was opposed by the whole Loco Foco par ty ; and only supported by a few Whigs.— But it was not only opposed by the whole Loco Foco party, but was denounced by all the presses of that party at that time, and by a large number after it was recommen ded by Mr. Van Buren. In 1834 the VVashington Globe, which decides the or thodoxy or heterodoxy of every measure, for the Loco Foco party, spoke of the Sub- Treasury in the following language : “ The proposition [the Sub-Treasury] is disorganizing and revolutionary, subver sive of the fundamental principles of our government, and its entire practice from 1789 down to this day. It is as palpable as the sun, that the effect of the [Sub-Treas ury]scheme would be to bring the public treasure much nearer the actual ‘custody and control of the President, than it is now, and expose it to be plundered by a hundred hands, where one cannot now reach it I!” At the time the above was written, the Globe could much better form an opinion than now, for at that time it was not a par ty measure. But now the opinion of the Globe must bn biased, by the committal of Mr. Van Buren and the party of which it is the head, for that measure. Thus show ing that what the Globe considered the rankest Federalism in 1834. it now consi ders thi’ purest Republicanism. What did Thomas Ritchie say when it first recom mended by Mr. Van Buren ? He denoun ced it in the most unmeasured terms. It is fresh in the minds of almost every one in the State. Mr. Ritchie said : “ We objected to the sub. Treasury sys tem, so called, that in the first place, it will enlarge the Executive power, already too great for a Republic ; 21dy, that it contri butes to endanger the security of the public funds —and 3d Iy, that it is calculated to produce two currencies ; a base one for the people, and a better one for the Govern ment. The more we reflect on the matter, the more we read the speeches of the ora tors on both sides, the more firmly are we satisfied of the strength of these objections. There is no security in it, and it will in volve heavy and unnecessary expense.” And what did Mr. Van Buren’s organ at Albany, the Albany Argus, say when it was introduced by Gen. Gordon ? It de nounced it as the deepest kind of Federal ism. That paper of all others, spoke near est the sentiments of Mr. Van Buren. The Argus said : “ The germ of the sub-Treasury system ts founded in a report of Alexander Hamil ton, [that great Federalist,] to Congress in 1790. It was not a Republican measure then ; on the contrary, it was denounced by the friends of the Administration ; the pro fessed followers of Jefferson, and by those too, who are now so vociferous in its fa vor.” At this time every one of these papers calls the sub-Treasury a Republican meas ure ; and calls the Whigs Federalists because they oppose it. According to the opinion of the Argus it must be more Fed eral than a National Bank, being recom mended by the rankest Federalist (Alexan der Hamilton) the United States ever pro duced. Now, what reliance can be placed in a party which changes its tests of Re publicanism almost every year? Making some men who have never changed, at one time Republicans and at another time Fed eralists.—Lynchburg Virginian. ON DOMESTIC REFORM. I believe vve are beginning to find out the folly of making sacrifices to keep up ap pearance. The credit of a man of business is now strengthened if he resides in a house plainly furnished, is frugal in his living, manages to save a penny, make a decent appearance without the aid if fashionable extravagance, does nothing for effect, and makes no costly entertainment. How dif ferent it was in 1836. It was a furious contest for extravagant and costly rivalry. If one man in business hired a large house and furnished splendidly, another caught the infection, hired a larger house and fur nished it more splendidly than his neighbor; and thus competition, rivalry and fashion able opposition involved great outlays; failure followed failure, and in a short time they crowded close upon each other in the list of bankrupts. It is incredible how evil examples are closely imitated. If my neighbor no betteroff than myself, lives ex travagantly, sees company, gives good din ners, and keeps a fast trotter, I am in a measure restless and discontented till I can do the same; the contagion spreads—we are all in the infected district, all have a touch of the disease, all take the same me dicine, and all are equally prostrated.— Now if we are more disposed to imitate what is worthy of imitation, economy, pro priety, comfort without ostentation, simpli city in living, plainness of manners, and absence of all prideand self-sufficienv, how much better we should be offin the world. When shall the reform commence ? We answer now from this very moment. Bet ter times prevail: say what we will we have better times. Confidence is begin ning to be restored ; what business is done, is done with less profit it is true, but with more security; it is difficult to earn the silver dollar, yet, with ordinary manage ment, it will go farther and provide much more than it did in 1836. Let us improve the present by introducing everywhere a rigid economy and save a sixpence whenev er we can do so. Let us begin by discard ing everything looking like show and osten tation ; let us study comfort and give up luxuries. — Major Noah. SINGULAR SALT DEPOSITORY. An Officer ofthe U. S. Dragoons, writing from Waclnta river,'Aug. 5, gives the fol la wing statement of the salt plain of the prairies, which we copy from the Cincinnati Gazette: “ About 200 miles from Fort Gibson we came to the great salt plain, riiis was one object of our journey, and the sight was truly gratifying. The “bed of the river (the Nescutunga) was widened being near 0 miles in width, and 10 in length ; the river running by one side of it, through a small channel in the sand, while this upper plain throughout was covered by a crust of salt as white as snow. We approached it thro’ sand hills, and when within 4 or 5 miles of it, the plain looked like an immense salt lake which had dried up and left the salt in its bed. We found the salt to have a lo cal origin. It comes to the river in a creek which is very salt. This overflows the plain and leaves the water to crystalize on the surface. Heavy rains will wash the salt away ; but the overflow from the creek comes at the same time to bring more salt water for chrystalization. At this point we first began to find Buffalo. Within 2 days’ journey of the Great salt plain we came to the Salt Rock, as it is cal led. VVe found it to be in the bed of the Semirone, a stream south of the one of the great plain is on, and is an immense spring of salt water, rising at the base of a high clay hill, and boils up over a space of ICO acres, chrystalizing as fast as it reaches the surface, forming a rock of salt all ovpr the cove, so hard that wc broke one mattock in vain attempts to get a mass of it. The holes where the water comes out are lined as far down as the arm could reach. ■’ ‘ j Influence of Knowledge. —The Danville Tribune says that several of the leading Locofocos of Adair county opposes the com mon school system avowedly on the ground that it would cause all the youth to grow up Whigs\ We cannot but admit that there is very good ground for their apprehensions. If any Locofoco wishes his child to grow up in his own politics, he had better keep the little fellow’s mind as dark as a wolf’s mouth.— Louisville Journal. That odd fish Parson Brownlow, the ed itor ofthe Jonesborough Whig, has the fol lowing queer announcement in his last pa per:—“Flour wanted at this office a little of the worst ! It is rather too strong to let a printer and his crew starve in a country where there is a boat load of flour due him, and from persons, 100, whom have the article by them.’ Whigs may do the like, but the measure is democratic !” You want a Tariff to protect all inter ests, you say, and to afford adequate yet not excessive Revenue. All right,sir: the present is just such a tariff as you describe in every respect, and imposes much lower duties on most articles than those voted for by Van Buren, Wright, Benton, Dickerson, &c., in 1828. That it does not injure com merce or diminish revenue, the state of the country and of the Treasury abundantly proves. Then what are you growling at ? IV. Y. Tribune. Dreadful Explosion !—We learn from a passenger who came up last night in the steamboat South America, that a powder mill, at High Falls, about 7 miles west from Cattskill, was blown up yesterday af ternoon, about 5 o’clock. There were six persons in the building at the time of the explosion, all ofwliom were blown to a torns ? Some 300 kegs of powder are said to have been in the mill when the accident occurred. The foreman was indisposed, and the person having charge of the pack ing, and drying house is supposed to have been intoxicated The report of the explo sion excited considerable alarm at Cattskill, many taking it for an earthquake. A sim ilar accident occurred at the same place three or four years ago, when four persons were killed.— Alb. Evening Journal, 4th inst. Melancliolly Accident. —On the evening of the 6th inst. Mr. Thomas 11. Pratt, of this county, was accidentally shot by a pis tol, while walking out ashort distance from his house by himself. He was holding it at the time, when it was discharged, and its contents lodged in his body just above the hip. He was able to reach a house nearby, but died a few hours after. Ver dict of the Coroner, “Accidental death.”— Mr. Pratt was an Englishman by birth, a Painter by trade, and an honest and indus trious man.— Macon Messenger. INSECTS AND THEIR YOUNG. The dragon-fly is an inhabitant of the air, and could not exist in water; yet in this last element, which is alone adapted for her young, she ever carefully drops her eggs. The larvte of the gad-fly are des tined to live in the stomach ofthe horse.— How shall the parent a two-winged fly, convey them thither ? By a mode truly extraordinary. Flying round the animal, she commonly poises her body for an in stant, while she glues a single egg to one. of the hairs of his skin, and repeats this pro cess, until she has fixed, in a similar way, many hundred eggs. These, after a few days, on the application of the slightest moisture attended by warmth, hatch into little grubs. Whenever, therefore, the horse chances to lick any part of his body to which they are attached, the moisture of the tongue dislodges one or more of the grubs, which, adhering to it by means of the saliva, are conveyed into the mouth, and thence find their way into the stomach.— But here a question occurs to you. It is but a small portion ofa horse’s body that he can reach with his tongue—what, you ask, becomes of the eggs deposited on other parts ? I will tell you how the gad-fly a voids this dtlema ; and I will then ask you if she does not discover a provident fore thought, a depth of instinct which almost casts Into the shade the boasted mason, man. She places her eggs Only on thosyu parts of the skin which tho horse is reachwi.h his tongue; nay,she confines theV utmost exclusively to the knee or shoulder which he Is sure to lick. What could the most precise adaption of means to an end do more ?— Kirby and Spence's Introduction to ■ Entomology. c o m mUnTc ationT FOR THE NEWS (Si PLANTERS’ GAZETTE. IMPORTANT DECISION. John Griffith, 1 Trespass for killing a vs. > Slave; tried at Elbert Leroy Cleveland. J Superior Court, September Term, 184,'i-r'^ The facts in this case were thest/: The Plaintiff being in Madison county , was pos. sessed of a valuable negro majti, who ran away from him in the month of June, $42, and after wandering about in that and tho surrounding counties, was killed in Elbert county iii the following manner.—ln No vember, 1842, Leroy Cleveland went to a cabin in Elbert county, where this runa way slave frequently met other negroes and danced. Upon his coming to the door of the cabin, the negro <jif Griffith’s stepped dancing and rushed towards the door wifi * his hands upraised, not for the purpose of striking, but to escape more readily. Be ing checked in his course at the door, the negro rushed back and seizing a large butclier-knife usually carried by him, jumped out of a window in the rear of the cabin and fled. While fleeing and utter ing threats of murder if stopped, Leroy Cleveland, the Defendant, who pursued, shot the negro, and killed him. It was pro ven besides upon the trial, that the negro’s character was very bad. Col. Lumpkin contended, that upon this state of facts, De fendant was liable for the full value ofthe slave. In support of his position, he read from Ist Nott & McCord, p. 183, Witsell vs. Earnest and another, where Defendant’s were held liable upon this statement of facts. Earnest and Parker having been greatly annoyed by depredations commit ted upon the property of their employer, went to the plantation of a Mrs. Witsell to hunt runaway slaves. Prior to starting upon the search they loaded their guns. Upon reaching the plantation of Mrs. Wit sell, they suddenly started a runaway, who immediately fled to a swamp. The runa way was killed by them while in flight be fore reaching the swamp. ’ Judge Colcock, with whom all the Judges concurred, deci ded this case thus: Afier reciting the va rious statutes of South Carolina relative to slaves and bearing upon the case, before him, he remarked, “ In all other respects whether considered as persons or chattels, the law applies to them. The Defendant’s cannot be justified by the Common Law if we consider the negro as a person ; for they were not clothed with authority of Law to apprehend him as a felon, and without such authority he could not lawfully be killed while fleeing from them. The kill ing then not being justified by statute or common law, the Plaintiff has sustained an injury in the loss of his property titled to compensation.” Col. L. retferred to the different statutes relative to slaves arid showed conclusively no authority could be derived fiom them to kill a negro, running from any one. not guilty of a crime. Ist. He pointed to 12th Sec.of Constitution, Pr. Dig. p. 913, inflicting the same punish, ment upon persons killing or dismembering slaves, maliciously, as would be inflicted on white persons, except in case of insur rection, and unless death of slave happen in giving moderate correction. 2d. To 65th Sec. Penal Code, Pr. Dig. p. 624, reciting that killing a slave in the act of revolt, or where the slave forcibly re sists a legal arrest, shall be justifiable hom icide. 3d. To 297th Sec- of Penal Code, Pr. Dig. p. 656, where it is enacted that the owner of a slave may re”over in a civil suit damages of any persons wounding such slaves without sufficient provocation. 4th. To Sec. 35th of Statutes relative to slaves and free persons of color, where l*.is enacted that any person may apprehend a slave armed and found out of his master’s premises and after disarming whip him. sth. To 15th Sec. of same Statute, en acting that a slave found out of his mas ter’s premises alone, and refusing to be ex amined by any white person, shall be pur sued, taken, and moderately corrected. — Col. L. here argued, after reading the fore going authorities, that the slave in question was running away from his pursuer with all his speed, was not in a state of insurrec tion or revolt; was not forcibly resisting an arrest, and had given the slayer no suf ficient provocation to take life ; and there fore, the Defendant could not be justified by our Statutes. Col. L. said, that at Common Law, an officer with a warrant to apprehend could not for a misdemeanor be justified in kill ing a fugitive, nor could he be justified in killing to execute any civil process what ever. After proving that by no part of the com mon law could Defendant be justified, and that the statues which made slaves chattels gave no licence to kill negroes merely be cause they were runaways. Col. L. con cluded with an eloquent appeal to thfjury to check, by their verdict, the course of those men in our country, who regarded slaves as of no more consequence than stocks and stones. Col. B. F. Hardiman, Counsel for De fendant, who offered no evidence, contend ed without producing any authority, that the very character of the slave ; his being armed; his repeated threats to kill any white man who should arrest him; thf threats made by him while in flight; thr dangerous example set by him ; influence upon slaves in the neighbor;’a> seducing them from their obedience; language repeatedly used by him in rela
