Daily chronicle & sentinel. (Augusta, Ga.) 1837-1876, May 07, 1841, Image 2

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Chronicle aub Sentinel. —— ii A i; liUS T A . ( FRIDAY MORNING, MAT (Jj-We must call the nttenlion of (lie proper* c authorities to the situation of the Hydrants, many ( of which are in such a deranged state, as not to I furnish the requisite supply of water. I A .Nation;!i Bank. : The Memorial of the Board of Trade New i York, to Congress in 1837, asking a re-chaitcr of a i National Bank, which will be found in this morn- i ings paper, we commend to the careful pcuisa' of our readers. It is a strong document and presents the subject in lucid style, and it loses none of its force at the present day. For if the arguments ob tained m 1837, they apply with ten fold force in 1841, when almost the whole country is laboring under the curse of an irredeemable paper circula tion, which seems only to be the farther removed from a sound currency the longer the suspension of the Banks is persisted in. We had commenced the discussion of l ie subject some weeks since, but the death of tire President fust induced us to defer its prosecution for a time, since which, our time has been preoccupied by other engagements. \\ e shall however, resume it in a few days, when we shad give our views at length. In the meantime, we ask our readers to weigh well the matter, and not suffer themselves to be led into error in this most important crisis to the well being of so ciety, by political prejudices, or preconceived opinions, which may have been foimed without sufficient deliberation. (Ic.mulgcc Hunk. The Savannah Republican, of the 6th instant, accompany’s the subjoined extract from the Macon Telegrah, with a comment, which requires a remark from u-, as it was in Die Exchange table publish ed in this paper that the words “no sale’’ appeared, which has excited so much speculation, and as Die paragraph to which the Pepnbiicnn alludes, appeal ed also in this paper. Some time since we published a notice, upon the authority of a letter written by a citizen of Macon to a gentleman of this city, slating that the Ocmnlgee Bank had submitted to a protest of its bills, and that inhumation of the fact had oeen forwarded to the Governor. The receipt ts this information in this city, naturally created some sensation, and the bills could not he sold at the rates at w hich they were previously going; and as hdders were unwilling to heavy discounts, the transactions in Diem\eascd for a lime, hence the words “no sole’’ in our Exchange table.” It is, however, a little remarkable, Hint as the paper | which contained the Exchange table alluded to, j contained also the editorial paragraph announcing the protest of the bills of the Bunk, the editor of the Telegraph did net notice that. We presume, j therefore, that the statement as to the protest is | strictly true, as the Macon editors appear to avoid any allusion to it so studiously. This then was the information to which Die Re publican alludes as tending to the discredit of the Hank, which it takes so much p’easurc in correct ing—Verily this is a correction indeed. We never stated that the Bank had suspended specie pay ments, we only stated that some of its Bills had been protested Ac—and when this statement is de nied by any officer of the Bank we arc prepared to give up our authority for the statement. The fol lowing is the paragraph from the Telegraph with the comment of the Republican. Ocmolgee Bank.—Wo copy the following paragraph fromjthc Macon Telegraph; ■<t win oe perceived ny the Exchange tames j of the Augusta papers, that there is “no sale ” j for the lulls ol this Bank, in that place. Why is j thisl Is it because they have become so valuable ( as to preclude all speculation on them? We! know of no better reason, us that Hank continues i promptly to redeem its hills with specie; and has ! reduced a circulation of, over two hundred thou- I sand dollars, to less than thirty thousand, since I the first of February last.” A letter received at this office from the Cashier, I fully confirms the above statement, and as wo have published information from the Augusta pa pers to the discredit of the Bank, we lake pleas ure in making the correction. Judge Anderson’s Decision. The decision of Judge A., (which we noticed at | the time.) at Die late term of the Superior Court for Oglethorpe county, by which witnesses of the denomination of Universalists were excluded fnm j giving testimony’ in i capital ease, has given rise to much conversation, and we have been famished j with a communication, from a gentleman who was ; present and heard the argument and decision, in dc- I fence of the opinion of the Court, which will be ' foun tin this day’s paper. Whether the decision is or is not in strict accordance with the letter of our ! statute we shall not here discuss, hut if sue iis the ( law, it is in our opinion a very absurd clause. For t to our mind all men should he permitted to give t testimony in our Courts, whose character for vera- ! city in the community in which they reside cannot ' be impeached, without any regard as to their par- ( ticular religious tenets. Our opinion on this sub- , jecl is well fortified and formed on the clearest prin- | i ciples of justice, but we have no disposition to dis- \ > cuss the question, nor should we have adverted to j < it again, but to express our views of the absurdity j ' of the law which is relied upon to susfpin the de- | cision. | f Maj. A. J. Donolson has writen a letter to the j c editor of the Nashville Union, stating that Gen j * Jackson’s estate is “worlhat least sloo,ooo’> c above all his liabilities. This, of course, corrects c the inference drawn from a current paragraph that the General found it inconvenient to pay n | draft of SIOO. I The Savannah Republican of Wednesday, tays; 1 —At an election for Directors on the part of Die * individual Stockholders oi the Bank of the State of Georgia, held at the ha .king house in that city I on Monday, the 3d inst., the follow ing gentlemen I were re elected Directors for Die ensuing year, 1 viz ; f Wm. B. Bulloch, Henry Iloscr, John Balfour, Frederick Dcnslcr, I Horace Smith, Jos. W. Jackson, i M. H. McAllister, Jno. B. Gaudry. <1 The remaining slock owned by the Stale is rep- J resented by Simmons Crawford. And at a meeting of the Boatd held yesterday, n Wm. B. Bulloch, Esq. was unanimously re-elected s ; President. p jQr The completed state Works of X’cnnsylva- J' nia.cosl originally S2O. 158,791 64. They have |, thus far yielded an aggregate revenue of $6,131,- r 624 SI, and have cost for repairs, motive power * superintendence, Re. exclusive of interest, no less than $6,694,206 SO, or half a million of dollars 1 more than their entire income! So says the.Madi- £ lonian. 11 Important Decision. Judge Andrew’s, of the Northern Circuit, (Ga ) held at the late term of the Superior Court, oi Ogletho.rpe county—in a capital case—that a per- < son could not be sworn as a witness in a Court o: 1 Justice, who did not believe in the existence of a Cod, the obligations of an oath, and a future slate ( cf rewards and punishments. He maintained with | the Supreme Court of New York, that “ Religion r i a subject in which every man has a right to think t cccotding to the dictates of his understanding It . is a solemn concern between his conscience and IDs -j Cod; with which no human tribuuual lias a right to ( meddle. Butin lha development of facts, and Die ; ascertainment of truth, human tribunals have a i right to interfere. They arc bound to see that no 1 man’s rights are impaired or taken away, but I through toe medium of testimony entitled to be- lief; and no testimony is entitled to credit, unless delivered under the solemnity of an oath, which , comes home to the conscience of the witness, and will treat a lie arising from his belief, that false swearing would expose him to punishment in the life to come. On this great principle rest all our institutions, and especially the distribution of jus tice between man.” This rule lie believed to be fully and clearly set tled by the Common Law, w hich has been adopted in th s Slate. Indeed, in this suojcct, there is an express recognition of Die Common Daw. The act passed for Die relief of dissenting Protestants, who entertained scruples in respect to the manner and j form of administering an oath, declares Dial any ! person may he a witness who will solemnly affirm I m the following words—“l, A. 8., do swear in the j presence of Almighty God, «s Ishall answer at the j area! and awful, dap of judgment, that, (as the case may be,) so help me God.” And again, in Die Statute of ISIR, for the trial; and punishment of slaves and free persons of col- j or, it is provided, that “on the trial of a slave or \ free person of color, any witness shall ho sworn who believes in God and a future si. at: of rcwatds and punishments. Shall one be allowed to testify j between free white citizens, who believes less ? The 10th section of the 4th article of the Con stitution of Die State was quoted, as having a bearing upon the question, the evident and only meaning of which was, to “secure entire freedom in religious profession and worship, and exclusion by law of any preference to any sect or mode of wor ship. No man shall be prohibited from professing wh. t religion he pleases, or worshipping in any manner he pleases—nor shall there he any reli gious establishment or approximation towards it by any law giving any preference to any sect or i mode of worship.” If, however, the w itness who | denies all future punishment, cannot he excluded : without a violation of Die Constitution,neither can the Atheist, who denies the existence of God and he immortality of (he soul, and insists that men die like brutes. Is the country prepared for the j absurdity of permitting such a person to appeal to God for the truth of what he asserts > Yet how can lie be excluded, if this objection is to prevail ■ Then, indeed, would be realized to its fullest ex tent the fears of the Father of his Countrv, who, in that mcmoiahli document, his “Faiewell Ad- I dress,” every paragraph of which ought to be j written in letters of gold, and its sentiments stereo typed upon the heart of every man having Dio least pretensions to patriotism. “ Let it simply be asked,” says he, “ where is the security for pro perty—for reputation—for life—if Die sense of religious obligation —DElTY—the oaths—which arc the instruments of investigation in Courts of Justice ?” | The aggregate oroeuet oC Treasury natoa out I standing on the Ist inst., was $6,862,990 84. Fatal OccWbkbce.—The Tallahassee Senti- I net of the 30th ult. says;—“ Wo regret to stale j that Gen. Leigh Reid, of tilts place was shot in S the street on Monday morning last, by Mr. Wil jUs Alston. He expired in about 14 hours aftcr j wards. We forbear making any comments, a. | the afl'air will undergo a legal investigation. Two other persons were (accidentally, we presume,) wounded, one severely, though wo trust not mor tally.” I Correspondence of the National Intelligencer. iVew Vobk, May 2. 1 hear Horn Albany, upon what may be const- i : dered pretty good authority that Alexander Me- 1 \ | Lcod may be expected here to-morrow, lfl.be tried j > before the Circuit Court. Rumors to this efl'set j , have been some days in circulation, and the , probability is that the present one is true. It is t among tiro possibilities, also, that after tho trial r has commenced a new issue may arise, which , will result in the acquittal of McLeod—the United States, through the District Attorney, appealing t in Court with the official evidence of the fact that Great Brittain authorized tho burning of tho j Caroline, and that McLeod, supposing linn guil *y acted but as the authorized agent of his Gov- , ernment. 1 have but heard and that rather as , a suggestion than a fact, that this may be the course pursued. The effect would bo to make a new party to an old complaint, and, as the prison- . er can prove his innocence, the new question would be one that must result in a prolonged and unhappy controversy. Belter for all that the law j should have its course without tho ’nlorposition ! of either of tho United States or Great Britain. McLeod, if he is tried here under a change of venue, is tried at his own request. Almost any; other section of the Union would have been pro- j ferable, for obvious reasons. There is as much ' of tho Loeofocoism in New York, as there was! in Franco in the days of the Revolution, and,; strange to nay, it is kept under rather by a species of political humhoggery than by any respect for or terrors of the law. There is no nows in the city that will interest! yon; and none of importance brought by the! r marls from the North or the East. The Colum-1 ' bia saded from Boston yosteiday, punctual toller j i time,and with fifty-one passengers on hoard; a good number, hut only halt of the number which < took passage in the Great Western. I a The official appointments announced in (he 1 ' Intelligencer of Saturday create a great fluttering , a here. Iho outs have not been expunged without \ 1 good cause,nor tho ms put into office without! qualification. The nominations made, I believe, s are generally very popular. c An experiment was yesterday made by an Eng- r lish gentleman, on the notes of one of our city ■ c hunks, in the presence of the officers, and of sun- j t dry citizens,by which he demonstrated his ability I i to efface totally and without leaving a solitary I s trace, every ink mark existing on the f re oi the 1 i notes. Tho impressions made by the ink were re-' moved by the leathers point of a quill imbued with ' C some chemical preparation compounded by the 1 9 gentleman in question he thus established with ! perfect ease that certificates of deposilc and other '' bant documents in writing can be altered for pur- i t poses of counterfeiting. After this experiment, i v he wrote a few lines on a piece of ordinary wri’ing 1 1 paper, and sent it to the must experienced chemists . j! in the city, declaring that it was impossible to re-! move it. 11 We understand he has offered to vend his secret | 0 to the various banking instutions in the city, at a ; 11 reasonable rale. We likewise learn Drat the same jtl gentleman has made known his discovery to the i ft Hank of England— N. O, Bee. jj, From the N, Y. Express. A National Hank. We copy in our columns to day the Memorial of the citizens of New York to Congress in 18:17, lor a National Bank. The document was repor ted to the Hoard of Trade by G. P. Disoaway, from a Committee appointed for the purpose. It was circulated and obtained mure than twelve hundred signatures, embracing our principal mer cantile liou-es without reference, tt will be seen, to party politics^ Congress was never approached upon any sub ject from this metropolis with more unanimity man existed in relation to this,—and the docu ment was considered one of the most able, clea , and convincing of the kind that appeared any where. Wo think so still. Its argument is un answerable, and the whole reasoning applies, if possible, with tenfold more force to the present times, titan it did to that period. The ariiclc was extensively published in the United States, and and at this moment when public attention is gen erally becoming interested on the necessity of a National bunk, wo have concluded to present the memorial and signatures to our readers. The absolute necessity of a Bank—the irnpossibiliiy of Slate institutions meeting the difficulty—lire experience of the nation in fafor of such a plan, together with the power of the Government to re organise such an institution—are nil treater! in u ; most triumphant and masterly manner. ! Memorial of the Merchants of Hu' City of New 1 ork. | Praying for the establishment us it National Dank. [Referred to Lite Committee on Commerce e* tiro House of Representatives, January, 30,1837. New Yoiik, January 27. 1837. Sin : The undersigned were appointed a com mittee from the Hoard of Trade to memorialize I Congress for a National Hank, and also to obtain | signatures from our fellow citizens to a similar memorial. Out board has already presented one i to Congress, and by to-day’s mail we forward to | your charge the document which Iras been circula ! ted in public. Please present it to tire House up 1 on the earliest opportunity. The memorial has more than twelve hundred j signatures, embracing, as you will doubtless notice, the principal mercantile housesofthis city without reference la any political party what ever. Thousands of other names could have been ob tained, if it were thought necessary. Indeed, we have never known Congress to be approached up on any subject from New York with more ol entire unammi yand harmony than exists in rela tion to the sentiments and the objects of this memorial. Wo think we may safely say that, here, a National Bank is considered as the only permanent tcmeily for the deranged currency and j exchanges of the country. Yours, & c . GABRIEL P. DISCS WAY, NATHANIEL WEED, THOMAS DENNEY. S. DRAPER. Jr. 0. S. ROBBINS, Hon. F. Gbanoeb, To the honorable the Senate and House of Hep resentatives of the United Stales in Congress assembled ■■ The memorial of tho subscribers, Merchants, Traders, and other citizens of Now York, | Respectfully represents: The subscribers, merchants, traders, and other | citizens of New York, beg'lcave rcspecllully to in vite the attention of Congress to the present de | ringed stale of the currency and exchanges of the United States, and ask their interposition to rc j medy it. They do this, not merely in their \ character as citizens, but because their residence ; and their occupations, necessarily connecting 1 them vvitii the general business of the United I Stales, make them the earliest witnesses and ihe j lirst sufferers by any disorder in our monetary system, and impose upon them the special duly ] of giving llic earliest not ice of its existence. It is an obvious truth that tho great object of j commerce is to convey the products of industry I from the original producer to the ultimate consu | mor; and that all obstructions and all charges up- I on their passage, although apparently borne by ■ ilio intermediate agents, must yet fall at last on . the productive classes and are in fact, only an j other form of lax on the industry of the country. J 'file undersigned, therefore, deem it right not j merely for themselves, but for ail tho advantages | which the Uniled Stares have for some years l enjoyed, in regard to their currency ami exchange ; have ceased ; and tbat while every thing in the i country, all the brandies of its industry, every' species of.its produce, the rapid extension of its i interior improvi ments, its relations with foreign) countries, all indicate a high degree of prosperity; I yet great inconvenience and disiresa are felt in I consequence of the uncertain and the vascillating I condition of the currency and the exchanges. Tho want of a uniform circulation, of unilorm and equal value, is a source of constant cmbai ass mont. The exchanges, the charges upon the carriage of the produce of the country to its desti nation, have become so disordered astointerpi sc commercial ban ter between the different sections oi the Union, while, as an inevitable consequence the interest of money lias risen to a rale so oppressive as to threaten ruin to all branches of industry. A correct view of the change may bo obtained by comparing tile rales of exchange be tween different parts of the U. States and the city of New York, in tho years 1839 and 1836. Kates of Exchange. 1529. Isas. iSj.ii. X York to Portland par }toi Ui it u I ills ' do Portsmouth do t to if do i j 0 j J do Boston do par to ii do par to 1 do do Providence do par to I do par to Tdo do Hartford do par to f do uae to I do do Baltimore do par to t" do a m .r do do Washington 4 ills, fto i do ) in r, do do lltcbmond ,do ilo 3 do r» p, sdo do Norfolk ;do ilo a do 5 to odo do Fayetteville par 3to 3 do a to o do do Charleston par ito 3 do 3 to i do do Savannah A Cl. ito a ,io 17 io eo do do Augusta Ado 110 6 do 1 1 |o 20 do do -Mobile Vdo pi in 7 do 0 io 13 do do X Orleans 1 do .1,1 to 7 do 5 to (j da St. Loni; ido J tu 7 do 9 lo to do do Lexlnc'on *do 2 to 7 no to to it do do Louisville ;do 3 to 7 do lo to la do do ( Indnnail ,do 2 to 7 do lo tola do do Plttkbure ;do 2 to 7 do s io g do do BillTdo par I to -I do f lo I do do Florida par 14 lo 5 do Pi to eo do But low hanks deal in exchanges at the lowest rates here quoted ; and when they do, it is to a very limited amount, when compared with the immense wants of tho mercantile community. The extent of these evils upon all the opera tions of industry, Will bo readily seen by Congress and needs no illustration from your memorialists, who will proceed lo the more agreeable tu=k of suggesting what seems to be the appropriate cor rection ofTlicm. it is this. The whole moneyed system of tho Uniled Stales is in the hands of certain corporations called State banks, who furnish, directly or indi rectly, all the currency, and negotiate by far the greater part of tho domestic exchange*. That their instrumentality haa been eminently useful, if not necessary, is willingly conceded, but, to their safe administration, it was early deemed essential that tho General Government, charged with the care of the circulating medium, and with the c rrnmercial regulations between the Stales, should by moans of its revenue superintend, and. In a certain degree, control their movemenls. For tins purpose was devised ti.e National Bank, which, since the foundation of the Government, has formed a part of our monetary system except in a single interval w hen evils produced by its absence occasioned its re-estublisuncut. The country was still languishing under the exhaus tion of the revolutionary war, when tho Bank of file Uniled Stales, in 1791. re-established its credit, furnished a sound currency, and gave safely to its internal exchanges. When it ceased, in 1811, llic creation of u multitude of Statu banks produ ced a suspension of specie payment, and a total derangement of the currency and the exchanges, which nothing could retrieve but the re-establiih mcnl of a similar and larger National Bank smen that institution lias ceased to possess the power ol control given by the public deposites, both tho currency and the exchanges have re lapsed into confusion; and the question now for ces itscli upon Uongress, by what, process tho restoration can he accomplished i The rnemori idisU do not hesitate to recommend, as tho most easy, simple ami effectual expedient, tho return to die known and tried system of a National Bank., which our own experience, and that of the groat commercial nations of Europe, concur in recom mending. That some control mg power is ne cessary, must be manifest. According lo l.hc re port of the Secretary of the Treasury to Con gress at its present session, within less than thioe years the paper circulation of the banks has in creased from 76 to 120 millions; the banking capital increased from 200 to3oo millions; and tho Legislatures of 27 States and Territories exor cise the power of augmenting at will their num eer. Here, then, are 27 sovereignties with an indefinite power to make banks. Hero are several hundred banks with an indefinite power to make , currency. They cannot control each other; the Slate Governments cannot contiol them, since Ihe power of the State Governments is fitted more to repair than prevent the excesses of banking; so f there is no efficient check on the exercise of a power upon whrh every man's properly depends I for its value, and every man's industry for its re ward.—That such a stale of things can long b) f endured, is impossible. That it must end in total derangements, to bo rectified only by a great con fusion, is manifest; and it seems, therefore, the part of true wisdom to anticipate, and, if possible, prevent these excesses. This can oe done by two , ways only : oy the power of tho Treasury, or by i a National Hank. But the power of the Trea s sury over such a multitude of institutions is ne cessarily very imperfect. (f can operate only on ' oanks which are the depositories of the public re venue, comparatively few in number, and not able, however disposed, lo superintend the operations of other batiks. Thecxtremc penally, too, which j the Treasury could apply lo any bank negligent of its credit, would be the refusal of its notes for revenue—a penally which would bo rather a benefit, by withdrawing its supervision from the offender. With every possible respect, 100, for those who have been, or may hereafter be, at the head of tho Treasury, it is obvious that thcro is no peculiar fitness In that department for the su- I perintcndcncoof banks: and that there may lie great danger in thus making the moneyed con ' corns of tho country a mere appendage to a sub s ordinate department of the Executive.—The pro ' sent scheme was examined by Mi. Gallatin, the Secretary of tho Treasury in 1899, and he said of it. that the State banks could not transact the public business as well as the Bank of Ihe United ’ States; “ nor,” added he, “is it desirable that the General Government should, in respect lo its own operations, be entirely dependent on institu tions over which it has no control whatever. A national In nk, deriving its charier from the Na tional Legislature, vvili, at all times, and under every emergency, feel stronger inducements, both from interest and from a sense of duty, to afford lo the Union every assistance within its power.” It was tried by Mr. Dallas, in 1814, and be de ' dared that " the establishment of a national in stitution, operating upon credit combined with capital, and regulated by prudence and good faith, is, after all, the only eflicient remedy for the dis ordered condition of our circulating medium.” If this plan of insulated Stale bank *, supervised,by the ’Treasury, bo insufficient, there remains only ’ one expedient—the national bank—which has the obvious recommendation that during forty years of its existence, it succeeded perfectly. Placed ’ at the bead of tho banks of the United States, with the public revenue to collect and disburse, coming into constant business contact with all tho Stuio banks, it, and it alone, can exercise that ' habitual and gentle and salutary supervision, j. which is at once the check of each, and the se . curi yof them all. In short, such an establish ment has existed, and is familiar lo tho habits of I the country, and your memorialists desire nothing ’ better than to return to that system under which ( tho commerce and currency of the Union so long prospered. As to tho power of the government to re-or ' ganize such an institution, It is presumed that no doubt can now be entertained. It was established | during tho administration of Washington, and has received in some form, more or less direct, the sanction of all his successors. Even in refusing i bis assent to the act ol Congress passed in 1832, the present Chief Magistrate said •• that a bank ol j ihe Uniled States competent to all the duties j which are required by tho Government, might be | j so organized as not to infringe on our own delc | ga'ed powers, or llic reserved rights of the Slates. | I have no doubt. Had Inc Executive been called ! upon to furnish the proiect of such an institution, die duty would have been cheerfully performed.” Your memorialists accordingly request, that as the moneyed concerns of the country are already deranged, and arc tending to still greater confu sion, Congress will, without delay, create such an institution as is suggested Gy tho Pn sident, by which great advantages may be conferred on the country ; wbdo tho rights of tho General Go vernment, and of the States, may be scrupulously protected from encroachment and injury. From the relation which exists between this city and every seclii u of the United Stales, in the operations of trade, as well as the receipts ol the public funds, your memorialisls also request I lhat tho said institution may be located in New York. New Yoke, January 4, 1837, W e add the table of 1811 for tho purpose of enabling o>ir readers lo see, byway of comparison, the continued derangement of the exchange. Edi tors Express. New York Memorial for a Notional Dank. I bo New \ oik papers contain a Memorial signed by more than 1290 of the principal mer chants ot that city,of both parties—(or the truth is becoming better known every day, that vast numbers of the Loco Focn party arc themselves the friends of such an institution. This Memorial is drawn up with ability, and emanating from so numerous and enlightened a class of men and embracing all tho arguments by which a National Bank is supported, it de serves, particularly at this lime, when lhat ques tion is about to bo discussed in Congress, to re ceive the cairn and deliberate consideration of the country. It was first issued in 1837, but is now again re produced in anticipation of the early ac ii in oi Congress upon the subject. Congress eon venos next Monday five weeks. Tho New Yoik Express says lhat the argument of 1837 applies with ten-fold force to the present time. An important decision has recently been given in one of our Courts in regard to Bank Notes. In a case recently before the Court of Common Picas Dauphin county, Judge Parsons decided ‘ Hie true rule of policy and law to be : That when bank notes are current at the place in which they are received without objection, and paid in good faith, without any km,wedge that the bank bad failured ; or where, from the facts, it could no bo inferred that it had, although al the lime, the notes in the place where the bank is located, are nut current but utterly worthless, slid in law, it is a valid payment of a preexisting debt, and when so received, and tho debt, and judgment satisfied, it is a payment, and the origi nal debt is relinquished.’ The case has been re moved to the supreme court fir revision. Phil Gas. The Fatal Whisper. nr JOHN HALT. “ Oh the course of marriage I 'dial wo can call these delicate creatures outs And not their appetites ! I’d ratner be a load And live upon the vapour of a dungeon, ’I ban keep a corner in the thing 1 love For others’use." Othello. The Marina was crowded with company, and i ihe most distinguished us the Palermitan nobility ■ nr open caniages were enjoying the gnyety olthc summer evening, ami the refreshing air that i breathed gently from tho bay. I had seated my , self on tho stone bench which runs along tno i dwarf wall, with my back to the sea, enjoying the • active and cheerful scene, when a capuchin friar ■ took a place beside mo. Ho was a middle-aged man, with a pen • stve castof countenance, and evidcn ly suffering ? from infirmity. His appearance, without being ■ remarkable, had less ecclesiastical gravity than is r commonly observable among lire monks. 1 In reply to some accidental question which I - happened to address lo him, he replied in English, - and immediately rose and went away. Next i evening I sealed myself on the same spot; ho al- I so returned and again sat down beside me. In 3 that way our acquaintance began and grew to in a limacy. a Bull will relate his story as he told it. At a the lime it interested me greatly, and often has it j since returned upon my recollection with an in i describalile sense of sadness, arising more from a Ihe feelings which tho incidents awakened than - the apparent sensibility with which he described i them. Tho remains of a military manner regu -1 latcd the tone of his voice, and he spoke of them - with as much fortilticlo as if ho had been describ e ing tho adventures of a campaign in which an i, old companion had perished. Hit voice was firm, 0 but there was a restraint in the utterance that 1’ made the talc impressive, and, without pain, - deeply affecting. It was, indeed, singular, and I more than once 1 intimated that ho haa awakened my curiosity ; • but it was not till one evening, when I happened i. lo inquire how long ho had worn the garb of a s friar, that ho deemed me worthy of his confidence, ii ‘‘lt is convenient,” said he, "but it is not on I that account 1 have assumed it;” and then he r abruptly added, as if ihe restraint he had put up a on himself had suddmiy given way, "1 much pre e fer the convent to any other lodging. The friars r are sodaio and good men; and although they e know lam a Protestant, they never trouble me s with any sort of religious controversy.” ’Though accustomed to his thoughtful physiog e nomy, it. seemed to me that in saying this the • cast of his countenance underwent a change, and • that lie looked moic than I had ever before remark - cd, like one whom adversity had touched with no e gentle hand. Alter a momentary pause he bc- J gan bis story ; e On the return of tiio army from Alexandria, — J said ho, —the transport in which 1 had cnihaiked e with several other officers became leaky, and we s bore away for Messina lo repair, or to obtain an - other vessel. On entering the port, being under 1 quarantine, the passengers disembarked at Ihe - lazaretto, where they found apartments, and were r too happy in taking possession ol therfi, alter the i vile Egyptian rooms and the discomfort we had 1 suffered in the transport. I lie person who attended to receive our daily - orders sometimes brought the English newspa • pers; I rend them wilh an opressivo eagerness, i exp> cling lo hear something of my friends, but to , me they were ever barren ; all iny companions, - one niter the other, me - , with some little notice I or paragraph which gave them pleasure, but none I such ever appeared to me. f The dutness oi the Lazaretto, a square court a with a cemetery in the urea, would of itself have s affected the spirts of most men ; but the silence i of the newspapers toward s me seemed more om , inous of misfortune, and filled my imagination , wilh apprehensions and vogue lears lo which I neither name nor oilier cause c mid be assigned. I When the period of the quarantine was complete, , and all my companions were joyous at being re ■ leased, I was irresistibly depressed, and in answer ■ to their raillery could only tell that some unac I countable burden weighed upon my spirits, and ’ would not lie shaken oil’liy any resolution, i On tile day wo were at liberty we dined to : golher, and had several English officers then in llic garrison as guests, in tho evening we all went lo the theatre; the house was crowded.—- Every box was engaged, which obliged us to take places in the pit. You are aware that owing to the subdivision of tho benches in the Sicilian the atres, it sometimes happens that a parly is una voidably separated, the seats being occupied at in tervals by other individuals. This look place tbat night; my friends were dispersed indiffer ent purls of tho house, and I was by myself in j °ne of the sittings at lire end of the last bench 1 had not been long seated when several other officers came in, wilh a gentleman in plain clothes, who, as I overheard in the course of his conver sation wilh them, had only that afternoon urriveo by Ilio packet from England. He had been the schoolleliow of one of the officers, with whom he was gay and free, telling him of their old com panions, and also of Ins own exploits since they had left Eton. Among other things he mention ed that the cause of ids coming abroad was an intrigue, in which he had been engaged with a married lady. It had been discovered by the landlady of an inn on tho Bath road, who had threatened to disclose llic affair lo thofriendslof ins paramour. "But,” said he, “I bought her silence, and have for a few months come out of tho way.” The name of the lady ho uid not disclose, indeed refused, but boasted of Ids success, and of the long time that the guilty intercourse had contin ued. This story attracted my particular attention, and yet there was nothing in the circumstances call u ated lo make any very lasting impro.-sion, save only the art and cralt of the lady, which ho described with contempt and derision, as the re sult of her experience in deception. On returning to the hotel from the theatre, j which 1 did alone, before the opera was over, 1 | found, with letters from my wife, a bundle of newspapers. Maria had been for some lime, she said, unwell, and had been advised to try the Bath waters; it had, however, so happened that my mi thcr had also been seized wilh a dangerous illness, which obliged my wife to go hastily to London, where, after wailing some time, she was again advised to return to Bath. As the letter was written with her wonted ten derness and spirit, I could not but admire tho ar dour of lhat filial affection widen was so like the earnestness of her love for myself; but when I was about to take up quo of tho newspapers—it strangely, suddenly, and fearfully flashed across my mind that there was something extraordinary in that journey. In a word, I was wounded with a pang of jealousy, and shook tor a time like the aspen. And yet my heart acknowledged that nev er was a woman more simple in all her ways than Maria—more pure in heart and spirit—more en thusiastic in her affections. Tho thought, as it - crossed my imagination, was us a black demon passing between mo and the heavens, eclipsing the unclouded sun. Still I could not reason my scll from the horror of the suspicion, which, like i an envenomed dart, rankled in my bosom. It I seemed as if tiio augury which had previously i darkened my spir t was confirmed—l arose from I my seat—l traversed the room in distraction, and I abandoned myself, without reason, to the wildest t imaginations. | When I had for soma time given scope to ;he t lull force of tiio dreadful passion which has so i demoniacally possessed me, tho cloud passed from my understanding, ami I became more calm. I I; fell even repugnance at myself for having done r such injury to my wife in thought; and remoras, h like drops of molten sulphur, for the injustice, h dropped in greater anguish than lire upon 1113' heart. 1 soon after again grow more rational, and calmly opened the paper. for some time nothing interesting attracted mv notice, hut among the gossipping paragraphs 1 discovered two lines evidently inserted by au thority, tor there was a tint of satire in them praising the filial devotion of tho lady of a gallant officer then with the army in Kgypt; and how, though herself an invalid, she had made a journey to London to cnmlort his aged mother, who was less in need ol consolation than herself. This sentence was as a shower of bullets in my bosom. Tho paroxysm of jealousy returned, barbed with a hateful possibility. But I may spare you and myself tho desenpt,an of any ag ony which language can never express. That too, however, after a time, al :o, subsided again. 1 had recourse to another number of tho newspa per, and in it there was a dignified answer to the slander imp'icd in the wording and markings of the paragraph that had so disturbed me. But it tailed to sooth, for the gentleman had described the craft ol his paramour. This made my case worse—no adequate idea can he given of my thoughts that nignt. I re tired to my own chamber—l wept, I vowed the hoarsest revenge. But what could I do—what proof had I to charge my rival with having dis honored my family '! Him I could not even ad dress. Tho night was spent in a whirlwind, and I could not bring myself to no determination. At daybieik I went to a convent, where I had then a friend, who, under the name of Anselmo, had long resided there. I hod known him when, previously to tho Egyptian expedition, I had been quartered in Messina; he was a sensible sedate character, possessed of a judicious knowledge of tho world. To him I confided my hideous ap prehensions—and when I had ended the impas sioned narrative, ho remained for some lime, thoughtful, and then said— “Go to your hotel, let no one have any cause to suspect your fears, and eome back to me in tho afternoon, by which time 1 shall be prepar ed to oiler you some advice.” I did as ho suggested—fortunately my com panions, in 1110 gaycty of their spirits, had icsolv ed lo visit tho environs. I feigned a headache, declined to go with them, ami thus was left un disturbed. Whether Father Anselmo had in the mean lime consulted with any friend on my unhappy case was not disclosed, but when, at the lime ap pointed, I returned to the convent, I met him at the portal, as ho was taking leave of another el derly friar, who, as I colored eyed mo with a melancholy look. I passed, however, on, and was immediately followed by Anselmo, who, in stead of ccnuucling me back to his cell, led 1110 into the chapel, which at the time was empty.— It is a gorgeous sanctuary ; the shrines and mon uments numerous, and though the lighted altars sent forth a dim splendour, there was something in the air and aspect of the place which weighed upon my heart ns if the tranquility which reign ed around had been palpable. When we had walked in silence to a confes sional, which stood at the east end of the chapel, nearthc high altar, Father Anselmo went into the chair—“l am not,” said he, “so ingrained with our religion as to deem this an occasion that will not sanction the indecorum—kneel to mo as if you were a penitent, and I will answer you as sincerely as if the sin which has brought us here were of your own commission. Kneel, no one will then interrupt us, it your agitation master your fortitude.” I knelt, scarce knowing what I did. When I had bent forward about a minute lo the auricalof the confessional, Father Anselmo said— “ There is a cause to justify you to suspect.” I groaned with anguish, and could make no re ply. “ Hut let no one still suspect the secret of your heart—write to your wife as if you never ques tioned her fidelity—go homo with all tho speed you can—but betbre you see her, go lo the inn where the. discovery was made. The landlady was bribed to silence—a belter price will unlock her tongue—ami your own sagacity will then di rect you what should bo done, if it should prove the adulteress was your wife.” “•She shall die,” cried I aloud, starting in an agony on my feot; —at that instant the newly arrived stranger with his friend the officer entered • lie church I cannot describe the tempest of my soul at that moment. “It is he,” ! exclaimed, pointing him out to the friar. “Compose yourself,* was his answer. “ Let us question him—l am calmer than you ; leave tne business 10 me,” I other Anselmo then went towards the strang er and his friend, ami addressed them as strang ers, pointing out to their attention several of the altarpieccs which were considered distinguished specimens of art; I followed close behind him, but said nothing, nor was I capable ofjoining two sentences—l attempted, however, lo enter into, conversation with llio officer who accompanied the stranger. What he must have thought of mo I can n»w well imagine,—my longue al tho lime gave utterance lo words which had no eon nexion with my mind. Father Anselmo after ward inquired what, I had been saying—l had no remembrance of it, but lie mentioned that be bad several times observed the officer turn round ab ruptly, and look at me with an apprehensive eye. lather Anselmo himself, in the meantime was particularly courteous to tho stranger, and alter wo had taken a turn or two in the chapel I grew more collected, and went closei to him immediately I perceived that he hud changed his manner; his eyes became vivid and searching, and ill conducting the stranger along (he siue-al lars to look al the pictures particularly, he fre quo,illy cast upon him a sudden glance, espe cially when he observed his ailenlion arrested bv any remarkable figure among the female saints ‘■■■e-c.sd o, rra Father Anselmo then afibclcd lo be a critic- I d,BCOUr f d , of colouring of the several pictures with the adection of a cicerone. It seemed to me that his object in this was to ascer tain it 1 c taste ol tho stranger prefened any par ticular colour, but in this too lie failed, lle coulu derive nothing to assist his curious metaphysical investigation, lor I soon perceived that his en deavor was to find out some key to the associa tions ol the stranger’s mind such as skilful play - er. at the game of Twenty Questions sometime, obtain—and are Incrchy enabled to discover the raos occult thoughts of their antagonists. ihc stranger and the officer Ins companion then went away. 1 “ f suspect,” .aid Father Anselmo, as they left the church, ‘ that you are disturbing yourself without cause. The intrigue which that gentle man has accidentally disclosed has been but a young man s folly—he has no remorse for what he has done. Fho woman deserves not your anx iety, if she proves your Wife; sue must bo bad and their connexion has been a mere animal in dulgence, which leaves no sting of guilt behind I have tried him by all these pictures, and even iii the one there of the Kon.au lady li.lening to the «moumlof b thoy T*. P riest ‘ who became on ameured oflior, an ,J who resisted the temptation aliXesM Waß mUrr , ieiJ ' l,mtle "'as not in the Slightest degree moved, even though I interpreted 0 legend as much like .lie story you had over heard as poauble. Think, therefore, no more of any offence towards yourself in this affair, but go ■ me "“ d ? et tlle ‘act proved as soon as possible The words of Father Anselmo seemed oracu red. !■* ![ ll " t , th r elr ,m P 0 "> m>r the mode ol his hoffi h COm P. rehen ‘ ip cl the scope of noth. It was, however, imp .ssible that I could by any resolution, .hake oil the love which I cher • I