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SOUTHERN
RECORDER.
sspm
VOL. I.
MILLEDCEVILLE, TUESDAY, JULY 11, 1320.
Nd. 22.
v PUBLISHED WEEKLY,
(on- Tuesdays)
HY S. GR.LYTMXl) It. M. O It MR,
AT TIinrF. DOLLARS; IN ADVANrK, OR FOUR
DOI.LARS AT THE EXPIRATION OF TIIK
YEAn.
B"p Advertisements conspicuously inserted at
the customary rates.
GERMAN PEASANTRY.
Condition and Manners of the Utrman Pea-
gantry.
From Hodgkin's Travels in the North of Ger
many ; London, 1H2U—a very instructive and
well written Work.
1 have frequently made observations nil
the manners of the bauers, and I shall here
add something further on the subject. With
the exception of some parts of Westphalia
and of Oldenburg, they invariably Jive in
villages. Their houses have very frequently
tin: same form, and their insides are laid out
somewhat in the same manner as those of
Frie/laud, hut they arc smaller. At some
particular corner, you find a crib bed for the
man who looks after tin: horse, (when one is
kept) and Ilia bedding consists as much of the
provender of his cattle ns of blankets and
sheets. In the hauer houses there is little
other furniture than a stove, a stool, a table,
and the cooking utensils. Chimneys are ve
ry rare. The smoke finds its way out un
der the roof, or at any hole it meets with, or
it is deposited as tar and soot on the beams
and rafters. Generally the houses arc. built
of an oak frame, filled in with closely ram
med clay or bricks. They have high thatch
ed roofs. Fires arc very frequent in most
parts of Germany, and,-owing to the man
ner of building, when once they break out, it
is almost impossible to stop ihern. The go
vern licnt of Hanover has commanded that
houses shall be built of bricks, and covered
with tiles. But a family which cannot com
mand these materials, must not, on that ac
count, he left without a roof; and according
ly, in spite of this command I have seen peo
ple, afutr a fire, again building their houses
with wood, and again thatching them witii
straw.
The Germans have now been collected in
to towns for at least ten centuries, and still
longer into villages, and one is almost tempt
ed to believe that, in the latter, the same form
of building is preserved which the first rude
settlers adopted. The progress of man in all
thearls which minister to the. comfort of life,is
necessarily slow in those countries in which
military foppery, operas, and learned trifling,
is thought by him who rules the taste of the
country, to be the only things worthy of his
patronage. In such countries, the great mass
»f the society have absolutely not enough
common sense to know how to preserve
themselves and their property. Their own
wants and comforts arc the last tilings to
which they can attend. All their time is oc
cupied in ministering to the profusion and
luxury of otliers. How rude and insecure
is the*house of the hauer, and yet, after toil
ing for ages, lie has neither means nor
knowledge to build himself a more conven
ient habitation.—The single fact, that the
great mass of the productive part of tlig po
pulation of Europe is involved in compara
tive ignorance anil poverty, is a reproach to
the class of men who have so long underta
ken to guide them in the ways of knowledge
&. wealth. The hauer, is not insensible, to bis
interests, but he wants the means to follow
it. Within a few years he has much im
proved his agriculture ; he has adopted the
cultivation of Tobacco and Potatoes, and he
is only stupid and ignorant because he is de
graded by the opinions of society. After
these remarks, it must still he allowed, that
a German bauer is somewhat superior to an
English agricultural laborer; ami in com
fort, and in the scale of civilization, he is
much such, superior to an Irish peasant.
Village roads corresponds with the. houses:
When they do not lead to an amt-housf, they
are in general most wretched. In the vicin
ity of Hanover itself, they are sometimes so
bad as almost to have the appearance of ca
nals. In the villages and small towns, the
Inhabitants of which arc agriculturalists, all
the dung-hills are placed in the streets. A
similar ,'‘Uti>m exists in France, and in some
of the narrow streets there, the only road
was over heaps of ••UoKing putrefaction.
The ancient Germans are said to have
respected their women al—
and perhaps the poorer women, "dhout
pow receiving this respect, continu
i, Tne wives and the daughters ol
the bauers, perform with them all the labors
Of the farm. They dig. "’
and plough, and trash, just »‘ s tbt, "®“ d ,®|
except that the men reserve to then.»elv s til
Jazy nonor of going with their horses. But
they do much more than the men, the >
look after thejr houses and no sooner have
they nothing else to do, than they turn to
their spinning wheels, that always stand near
them, ready to be used. Men may Lo, and
very often arc, seen idling away their time,
but it is a rare thing to sec an absolutely idle
German peasant woman. ^Ihey qmte
guage ; and would have been fully persuaded
that the most expensive and least productive
members of the family, hud no analogy with
its mother.
It is possible a necessary consequence of
having so much to do, that the female pea
santry arc by no means clean, either in their
persons or their houses. Their hair appears
only tn be. arranged for baptisms, marriages,
and other leasts ; and at all other times to be
matted, dishevelled, and dirty. Their clothes
on working days, arc utterly neglected : they
arc dirty, torn, and negligently put on.—
They are generally short, have broad faces,
with a want of expression ; and seem much
Bills were forwarded to the liaintilf by
mail, by the same person, from the same
place, and duly secured by the Plaintiff;
but, the live half Bills enclosed and di-
rected-to him by mail, as aforesaid, on
the 10th of August, never reached the
Plaintiff, in consequence of the mail, in
which they were, being robbed, and the
letter and said half Bills feloniously tak
en away by persons unknown. That
the. Plaintifl thereupon caused the said
half Bills which came to his hands, as
aforesaid, to he shown and presented to
more calculated for constant labor than fn: .the Bank of Defendants in Charleston,
one moment's love. When the women ol
Germany are collected in towns, they arc
pretty and well made, and the female pea
santry of the North are only ill favored from
the labor they perform. It is perhaps im
possible to calculate liovv much the happi
ness of both sexes would be increased, if the
Romm had only so much time to spare
from their toil, as might he required to keep
their person-? and their houses clean ; and so
much knowledge as to enable them to know
the value of doing this.
When they go to church, or to market,
they put on gay clothes, and hang their or
naments in their ears : but as soon as they
come home, the ornaments are carefully laid
iwuy, the rags and the dirty clothes are a-
gaiu resumed, as if they dressed themselves
for the world, and nut for their families and
friends.
It is customary in winter evening! for the
lasses to collect with their spinning-wheels
at some one house, and the young men fol
low then., to talk and amuse themselves.—
They are. a social people, and such an as
sembly is a pleasant sort of party, without
any oi' the expense or brutality of drunken
ness.
Quietness, patience and submission, seen)
eminently characteristics of the female pea
santry. In their houses, or abroad, in the
markets, where they collect in great num
bers, cacti one bringing her own few o£gs,or
fowls, or skeins of thread, or sausages, or
whatever else she has to sell, you never see a
quarrel, and sddmn hear a loud or angry
word. There is the buzz of a multitude, hut
no voice arises above it.
All the peasantry can read and writ*—
though they are said to use the latter only
to record what money is due to them, and
the former only to amuse themselves with
those scandalous anecdotes, generally of the
bar or of the church, which are thickly strew
ed in the calendars. I have mixed with them
as much as a stranger well could who did
not understand their language, (for low Ger
man, or some provincial dialect is wliut they
speak ;) I have occasionally seen them read
their bible, but never discovered any signs of
much knowledge amongst them. I have
heard of a journal kept by a bnuer in Mcck-
lenburgh; (tut it may he doubted, with all the
schools belonging to Hanover, to he after
wards described, if the country ever did, or
ever will produce, under the present form of
government, such men as Bums, Bloomfield
and Hogg.
Talents and animation do not by any
means belong to them. 1 always found them
civil and friendly, but calm and dull. Wheth
er I stopped to talk to them when they were
at work, or met them in public houses, or
entered their own dwellings, or had them
as companions on any road, they always an
swered all my questions very civilly, but
without warn^'i, without, interest, and al
most without remark. My being a perfect
stranger, different from themselves, seem
ed to cause very little surprise, and to call
forth few questions. I have often told them
I came from afar, and endeavored to excite
their curiosity, hut it very rarely w ent be
yond asking me what corn we grew in Eng
land, or if our’s was not a fine rich land.—
They are guilty of few errors or absurdities,
are very humble before the am men arid their
superiors'and rarely express any other dis
content than at the dearness of what they
have to buy, and the cheapness of what they
have to sell. They are too regular and me
chanical to allow any thing more to be said
of them, than that they cat, drink, sleep, la
bor, and speak, with a sort of sulky civility
and composure.
They have, one custom, which appears to
have arisen from the services they were and
arc still bound tn perform for their landlord,
which is probably worth mentioning. So
soon as a bauer grows elderly, and no lon
ger well able to do all the active and labori
ous part of the work, lie resigns his farm to
his son, preserving to himsell a part ol the
house and a certain income. lie can only
preserve, however, a certain part of the house
and income; and though he may divide what
he has himself gained among his other clnl
c! eii, ho cannot give from the. farm, Meyer
Jf tl r ail y of the Stock, or implements neces
sary’for its cultivation “ , *
of regulation which makes the heir and Ins
parents in a maimer independent of one an
other, and not (infrequently sets discord be
tween them. There can he no rules for the
division of property which will ever he ol e
dual value with leaving it entirely free, Jl
ought to be disposed of at the discretion ol
the owner.
ritTwhat Schiller has said of them, which is
in many points an accurate picture of thur
employment. The following extract is from
Schiller's Gcdichtc, I)as Lied von du
G « The modest wife, the mother of the chil
dren, governs wisely within the house ; she
teaches the girls, a.ul cherishes the boys, and
always employs her industrious hands, She
adds to the gains hv her regularity, she fills
veented chests with treasures, and spins hu
thread by the buzzing wheel, and collects
snow-white linen and glancing woo
clean shining press. She unites ornament
with usefulness, and never rests.
The women not only work more, but they
look more alter the business than the men.
Their own linen, and vei y often the clothes
worn by the family, even often the whole of
the clothes worn by the family, even the
coats of the men, are of their manufacture,
nod the mother of a family in the country ol
Germany, is the persons who both regulates
it and whose labor feeds aud clothes it. llad
the many governments of Germany, who
now constantly call themselves paternal, on
ly claimed the higher honor of being mater-
na! governments, their subjects would long ^ ulaa j u i n g halves cflhc Saul
ggo have discovered the iuuaivtt e. such luu 1 t Aft.
FROM TUT. SUL lllERX 1‘ATRIOT.
IMPORTANT LAW CASK.
.1 vmts Pattov, jail. vs * State Bam,,
State Bank vs. Hank or Sooth-Caroi-ina.
This was an action ol a89u?npsit, tried
before the Honorable the Recorder in
the Inferior City Court of Charleston,
May 10120; in which the Jury found a
special verdict in the following words :
“ We find that on the loth ot August,
1819, live halves of live Bank Bills, of
the Bank of the Defendants, payable to
bearer, and amounting together, before
they werc ^k to the sum of one hun
dred mid c“y dollars, the property of
the Plaintiff, wffre enclosed by the agent
of the Plaintiff i^l loiter which was
lodged in the l’ofwlice at Salisbury
and directed to the Plaintiff at Philadel
phia ; that on the fifteenth of the same
and full pay merit of the whole to be de
manded of Defendants—lie, the said
Plaintiff, offering at the same time to
give a bond of indemnity to save the
Bank harmless from any future liability
to any one on the live other halves of
the said Bills, which Plaintiff had been
thus deprived of; that the Defendants
refused to accept the indemnity offered,
or to pay the half Bills as if they were
whole—but offered, according to the
custom of the State Bank in this city,
(which custom we find exists) to pay
Plaintiff ninety dollars, being the moiety
of the whole live bills, which Plaintiff
refused to accept. Now if the Court
should be of opinion that if Defendants,
by law, were liable to pay the whole of
the said five Bills, upon the presentation
of the said live half Bills, under the cir
cumstances a/bresuid, we lind for the
Plaintiff $ 1 CO witii interest from the
time of the demand and costs ; but if, on
the contrary, the Court should bo of opi
nion that the defendants were not bound
to pay the whole, unless the whole of
the notes or Dills were presented for
payment, then we find for Defendant- - ,
with costs.” _
On this verdict, Judgment was award
ed for the Plaintiff, and a motion un
made to reverse that Judgment, on the
ground that the facts found entitled the
Defendants to a Judgment, half notes
being negociable under the custom estab
lished by the verdict, at half their whole
value.
The following opinion of the Honora
ble tlie Recorder, on the question made,
accompanied the report. In determin
ing the question arising under these spe
cial verdicts, 1 shall not consider the ef
fect which might he produced by an in
demnity being given to the Defendants,
nor shall 1 be inlluenced by the custom
found to exist in the State Bank and tli
Bank of South Carolina, of paying a moi
ety of the amount of a Bill, when hull ol
it is presented ; because 1 tliiiiK that tin
Court cannot order, or judge of an in
demnity ; neither can a verdict be given
by the jury requiring the execution of
such a condition. Nor is usage admissa
blc to contradict or explain the meamu,
ind import of a writing, the terms ol
which arc unambiguous. The meaning
of a Bank Note is to be collected from it
ingnage ; its language is plain and not
to be misunderstood ; its popular and
technical import are the same, it must
therefore be governed by the rules that
relate to similar instruments. The only
question then remaining is whether tii
Defendants are bound to pay the whole
amonntof’the Bills declared upon, under
the circumstances found in the verdict
upon the presentment of the halves un-
iccompanied by any proof of the physi
cal destruction of the other halves not
produced. The Jurv have found that
the halves not produced, have been stol
en by persons unknown; as the Coni
cal: intend nothing which is not contain
ed in the verdict, the stolen halves mus
lie regarded as being in existence. On
the part of the Defendant, it is contend
ed that the Plaintiffs cannot recover, un
less they exhibit the. notes or prove their
destruction, or shew that their negocia
bility has ceased, and tins appears to me
to be a correct presentment of the case
If the negociability of the missing halves
be destroyed, so that the Banks cannot
be twice recurred to for their payment
they run no risk in paying their total
mount to the Plaintiffs, it would* there
fore seem unreasonable, where the
Banks arc absolved from this responsibi
lity, that, the Plaintiffs admitted to be the
bona tide owners of the Bills before they
were divided, should nevcitlieless not
he able to recover their amount—By the
Defendants, it lias been said that a Bant
Note is money, that in law it is regarded
is such, and that there would h
more, impropriety in subjecting a Bank
to the payment of $ 100 upon the pro
Jticlimi of half of a Notelof that deuoini
nation, than in compelling it to give
loll ir or a doubloon on tin production of
a moieties of the coins. On the other
hand, it is urged by Ike Plaintiff, that
Bank Bill is an acknow ledgment of a debt
due by the Bank to the Elder of it
that in its nature it is not ftcgociabln, and
cannot be so rendered la the Bank.—
Roth of these positions appear to me to
be incorrect. It is truii that a Bank
Bill is generally received as money—
that it passes as current as money, and
that n tender in Bank Bills, in England
if not objected to, is a legaltcnder. But
general practice and conlenience will
not change the nature of (lings. Notes
of individuals are frequently taken and
passed away as money, but’it will not be
said that they me so; it is requisite that
a tender, if demanded, should be made
in money, and yet an objection to Bunk
Notes is vulid, for the only reason that
they are not money. Money, according
to its legal import, in this country, is
coined metal, current for specific u-
mounts, by the authority of the govern
ment. A Bunk Note is an evidence that
a certain quantity of such coin is due to
the holder of it, hut the bill and money
differ as much from each other, as a title
does from un estate, or the power from
the fruition. That a Bank Bill is an ac
knowledgment of a debt doe to the hold
er *f it, must be admitted : but an obli
gation of this nature is perfectly consist
ent with negociability, and Bank Notes
are as much negociable as any commer
cial instruments with which we are ac-
q minted, and a right of property in them
is m fully transferred by udelivery, as in
a jromis-ary note, payable to order, bv
an endorsement. Upon the face of its
bill, a Bank promises to pay the bearer
a certain sum upon demand ; according
to the contract, the bearer, when he
asks for its payment, is bound to produce
it. 'l'lic general rule is, that a person
making a demand, should accompany it
with the evidence of the debt, for the
debtor lias a right to see bis obligation
cancelled, or tn have it delivered to him
when he is called upon to discharge it.—
This is a rule applying to every species
of obligation, but especially to a negoci
able security, which may have legally
been transferred to another, at the very
time when the original payee makes bis
demand for payment. But to blinost c-
ery general rule there are exceptions ;
the looks are fu|l of cases, where a par
ty may recover who has lost the evidence
of his claim, upon due proof of its having
xisted, of its contents and of its loss—to
this exception, there is again an excepti-
that a negociable instrument is not
deluded within it, because if it were, a
editor might be twice obliged to discharge
is debt, but if a negociable promissory
note, not endorsed, lias been lost, as it is
then divested of the nature of a negocia
le paper, upon the proofs before men
tioned, a suit can be maintained for its.
recovery ; the same rule governs if
negociable instrument has been destrov-
Chitty 1G7, 2<1 Campbell 212
have as good a right of suit upon that, ns
the Plaintiff upon the other half. 1
should speak with very great diffidence,
when I said for the reasons before ex
pressed, Hint it does not seem to inc that
the conclusion of the English Judge is
warranted by his premises, were I not
sustained in this judgment by, the decisi
on of two Judges of the Supreme Court
of the United States, (published in a
news-paper & in Niles’ Register) which
are in Accordance with the views I have
taken. I am, therefore, of opinion, that
the Plaintiffs are entitled to recover from
(lift Defendants the full amount of the
bills they have declared upon, together
with interest from the periods of their
respective demands.
Wm. DRAYTON.
12th May, 1620.
fotiNsoN Judge, delivered the opinion
of the Cour t:—
'The grounds on which this motion
rests have been so fully audibly consi
dered in the 1 earned opinion of the Jndge
who tried the cause, in whose conclusi
on the Court concur, that the expression
of that concurrence is all that is left to
the Court. 1 will remark, however, on
the question as to the effect of cutting or
severing the Note or Bill on its negocia
bility—that the practice of cutting them
for the purpose of transmitting them by
different conveyances, bad its origin, un
questionably, in an opinion that it des
troyed its negociability ; so far, there
fore. as usage could have any influence
as to legal construction, it favours the
conclusion that a severance of the Note
destroys the negociability. But 1 am
fully satisfied that such is the legal effect
both on authority anJ principle. Ti.e
motion is discharged.
VV'e concur—
• A. Nott,~
E. H.- Bay,
J. S. Richardson.
Dunkin', for Plaintiff.
Priolf.au i: Gadsden, for defendants.
YVHYEUJX.
ed
Does not the case before us come within
the rca«on and principle of these excep
tions. The bills were negociable when
received by the Plaintiff, they have by no
ict of theirs been transferred. Can the
alves which are missing be rendered
negociable by any act of the Plaintiff or
of any ether person.' 1 No property in
the whole notes cum bo vested in the pos
sessor of the stolen halves; lie could
not produce the evidence of his right—
he never had the whole notes, and ex
cepting in certain instances, within which
his case is not embraced, to give authori
ty to demand payment of a note, the note
must be exhibited; lie cook) not prove
the loss of the halves owned by the
likiinliff, they are not lost ; he could not
roi e a right of property in these h, lives,
lie never had it ; he could not even ap-
ear as the prinxn facie owner, posses
sion is necessary for that purpose. Sup
pose after the payment of those bills to
the l’lainlilf, that the holder of the other
halves should call upon the Bank, and
ranting (which is very improbable)
that he took the. missing halves in tne
course of business, having given for them
a valuable consideration, still lie would
inld lhem with notice that the light to
the amount of them might be in the pro
prietor of the other halves, iz lie would
consequently lie bound by every defence
which could legally or equitably be in
sisted upon against the finder or robber,
because he would have accepted them
under such circumstances as would ne
cessarily set him upon an enquiry The
individual from whom the receiver of
these halves obtained them, might be li
able to him, but not the Bank whose
notes he never had. If the drawer of a
negociable note have notice before pay
ment that it is lost and nevertheless pay
it, he does so at his peril, and if it turns
out that the receiver of it had no title,
the drawer will be liable to the realown-
Lovcll vs. Martin, in Taunt, 799.
This decision relates to a negociable in
strument, in which as in the case of ;
Bank Bill, the right of property wouh
be prima facie in the holder. H a bill
lie lost and found, the finder has no pro
perty in it against the owner though he
lias against all other persons : Salk, 426.
Now the finder or possessor of the notes
in question would he in the same situati
on as the finder of the bill in the cast
[from llic British Pass, April 2H.J
Paris papers of Friday last have arrived at
our otlice. It is very evident from many cir
cumstances obscurely and indistinctly noti
ced in the Spanish news contained in these
papers, that there stiill exists in Spain an un
easy feeling in the public mind, threatening,
the tranquillity ofthu country with the most
serious consequences. It would appear that
certain persons, fancying themselves friends
to the. king, have disseminated rumours par
ticularly througout the. army, that Ferdinand
in adopting the constitution, acted under ill
influence of immediate violence, that his per
sonal safety was endangered, and the reli
gion of the state outraged and degraded.
These circumstances we can collect from n
letter of instructions addressed by the king
to certain officers of lus army, in which h
tells his troops, that in adopting the constitu
tion, he was subject to no constraint; arid al
so from a proclamation addressed by Gen.
O'Donoju to Hie troops in garrison at Cadiz
whom lie exhorts not to Jisten to false and
idle stories, assuring them that, the king’s
person was sacred and inviolable, and that
their holy religion had not been outraged.’
The regiments w ere marched out of Cadiz
and stationed within the lines of the Cortn-
duraand the walls of the City. Their fideli
ty to the new order of things was suspected,
and considerable apprehension were, euter-
l.uneu in Madrid in consequence of General-
Cruez do Mourgton, having marched sud
dimly upon Xeres with three thousand men
In the king’s instructions to the officers
he complains of some expressions disrespect
ful to tile, constitution which hail In-.en used
ty one of his body guards during the. night
if the. lull), in Madrid ; and we are iulorm-
ed in a short note appended to the letter of
instructions, that the king alludes to a rio
Which bad taken place at the Club iMrendni.
This club, our readers are aware, is compos
i ll of the most active partisans of the consti
tution, and it is not improbable that if the
*• the powers that he’’ would suffer the jour
nals to notice the ulfiiir more circumstantial
ly, we should find Hint some of the club were
insulted by the soldiers as the enemy of the
luiig. The troops and people of Spain arc
Withe most part devotedly attached to the
ministers of tneir religion, who, ui conse
quence, exercise a great influence as we'”
the public as in private affairs. The succes
of the present revolution, by destroying the
tremendous power of the Inquisition, and
confiscating its immense wealth, threatens a
seven- blow to the domination of the priest
hood ; mid it is therefore to he expected tnat
this numerous and intriguing body of men
should endeavor by every means in their
power to excite the people and soldiery to a
counter revolution, and no pretences arc hot
ter calculated to elicit this object than to
represent royalty outraged and oppressed
and religion insulted and degraded, its pro
perty the spoil of sacrilege, and its solemn - !
ty the sport of heresy and atheism. The
king’s declaration, we hope, will counteract
the muchinatjons of his worst enemies, and
sdented, as if any crime were committed,
they must have been as guilty as others.
FROM SPAIN.
Niw-York, June 20.
We learn from G’apt. Hillard, of the brig
American, from Tarragona, that all WM
tranquil in Spain ; and the people were qui
etly engaged in their elections for members
of Hie Cortes, whichwvould soon convene*.
Ferdinand VII. was at Madrid—-which
contradicts the report of his having fled to
France. , .
We have received from Copt. H. a file o£
Barcelona papers to the 7th of May.
[translation.]
Barcelona, May 6.
The King has issued the following decree r
The expressions of sorrow of the Span
iards who have taken refuge in Frunce for
having adhered to the intrusive government,
and the privation with which they are threat
ened by a change of circumstances, moved
my compassion to permit them by my royal
decree of the 23d of tlds month, to enter the
Spanish territory. But it being proper to
reconcile Ha much as possible these senti
ments of my generosity and beneficence with
the. decrees of the (lories on this subject, I
have just ordered—that the Spaniards who
are or may have been refugees in France for
having adhered to the intrusive government,
whom I have permitted by my said decree
to enter the Spanish territory, may establish
themselves for the present in one oi the pro-
virteesof Alava,Biscay, Guipuzcoa, and Cas
tillo as far as Burgos, from whence they arc
not to remove until the Cortes shall he as
sembled, and shall determine what they may
deem just, mid in the mean time the extra
ordinary decree of the 21ft Sept. 1812,
shall remain in full force and vigor. Span
iards of this description who may have alrea
dy passed, or may intend to puss the limits
prescribed to them in this decree, shall be
obliged to depart immediately, inasmuch, us
it is not competent for them to remain at
present in any other province of the Spanish
monarchy than those designated. These
on are to understand, anil to communicate
to whom it may concern, for its most punc
tual fulfilment. Palace 26th April, 1820.—
To Don Antonio Poreel.
ANOTHER DECREE.
By my decree of the 15th inst. I thought
proper to re-establish in full force all the de
crees which the General Cortes, as well ex
traordinary ns ordinary, during their sessions
directed to the regency of the Kingdom, in
favor of the inhabitants of the provinces be
yond sea ; but being desirous to avoid every
iloubt, and to express more fully my will re
lative to n matter that deserves my greatest
care, and justly called the attention of tha
C A tes, winch is to dispense a decided favor
and protection to the Indians throughout
Ultra-murine Spain, I have considered it
highly expedient to order the most scrupu
lous fulfilment and execution of the decree
made by the said general and extraordinary
on the Oth Nov. 18 !2, abolishing the divis
ions fnapurtimientos) of Indians, or any q-
ther personal service, which under those or
other names may have been introduced, to
gether w ith every thing else expressed in tha
same decree. This you are to understand,
and communicate to whom it may concern
for- its most punctual fulfilment. Pairce,
22d April, 1320. To Don Antonio Force],
question was on placing the Admiralty Dro
its at the disposal of Pari
reserve Spain from the violence of civil
contentions, to which such proceedings must
quoted, and yet lie would have no right necessarily tend.
against the real owners who are the \ committee, composed of the lending
I’l.iintiffs, and who, by the 'terdict of the
jury huve never transferred their pro
perty.
There is a case in ffd Campbell, 324,
whore Hie facts are similar to these be
fore us, in which the determination was,
that the original bona fide holder could
not recover. The ground upon which
Lord Elleuborough decided, is : That
the half of the note (which had been
members of the opposition in the French
chamber of deputies with other friends to
liberty, has been formed in Paris, principal
ly for the purpose of affording relief to per
sons who may he imprisoned by the arbitra
ry power given to the ministers by the law
of March last. A prospectus of a subscrip
tion for this object was published, and from
a letter addressed by nine principal deputies
to the attorney-general, it seems that law
proceedings have been instituted against
some of those who, l»y affixing their signa
LATEST FROM EUROPF..
New-York, June 22.
The ship Merchant, Fowler, arrived at
tills port yesterday, bringing a Liverpool pa
per of the 15th May, and a Lloyd’s List of
the 12th. The Commercial Advertiser givea
the following summary and extracts. This
ship brought but 15 letters, only 7 or 8 of
which were for this city.
Billing’s Liverpool Advertiser, states, that
the proceedings of the New Parliament Lo
gin to assume a very interestingrh arncter.
The first question which has tested the
strength of parties,'was on the Droits of the
Crown. Mr. BUoughnnx was the leader, in
the debate, on the part of the opposition, and
Mr. Canning on that of Hie Ministry. The
‘miralty
Parlament. The votes
stood on the side of the Ministers, 273—on
the opposition side of the House 155—giving
the former a majority of 118.
The healtli of Lord Castlereagh does not
permit him to attend to Ins Parliamentary
duties ; hut it is said Mr. Canning supplies
his place with great talent, and as a brilliant
debator, stands perhnps unrivalled in that
Assembly.
In the provisions for the Civil LisT, the
Queen, it is said, has been wholly lost sight
of. The London Globe states, positively,
that Her Majesty will not return to England.
Mr. Baring has become the advocate of
a free system of trade, and has brought the
subject up in Parliament.
Dn Tuesday the Oth, Mr. Alderman Wood
brought forward his motion for a Secret
Committee to inquire into the treasonable
practices alleged against Edwards the spy.
The motion was rejected without a division,
hut the worthy Alderman pledged himself to
follow up the investigation by prosecuting
Edwards for high treason at his own ex
pense ; and from the observtions made by
Ministers upon Hus promise, there seems no
reason to fear that the inquiry will be still
ed by a noli prosiqui.
On the same evening, sir James Macin
tosh, moved for a committee, on the criminal
Laws ; and on Thursday night Mr. Maberly
called the attention of ministers to the finan
cial circumstances of the country ; with a
view, ns it appeared, of suggesting a com
mutation of the whole body of the assessed
taxes, for a property tax to the amount of
ten millions. The chancellor of the exche
quer declined giving any pledge as to the
course which he would pursue; but from the
terms of his reply, there is reason to hope
that some sucii permanent and comprehen
sive measure of national finances may be
substituted, for the desultory system of he
terogeneous imposts, so long and so unsuc
cessfully pursued.
In the House of Lords on the 13th,’the
, ..j — ! Marquis of Lansdowne moved that an hum
stolen from Hie mail.) might have lmnie-, tun s to the prospectus, gave countenance > hie Address be presented on his Mb;
(liatelv'got into the hands of a holder ibr[ and support to tins act of humanity The praying that his M;
j be 1
I
got into tlie iiaiuiii oi a noiaer lor I and support
valuable consideration, and, he would' deputies require that they too should
be pro-
nymg that his Majesty will be gracfoui
1 pleased to.oriler accounts to be laid