The constitutionalist. (Augusta, Ga.) 1823-1832, April 08, 1825, Image 2

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coxst vruTUKva vast. PRINTED AND PUBLISHED BT WILLIAM J. BUNCE. Conditions, Sre. tfy For th« CITY PAPER, twico * Fiv« Dollars prr annum. payable in advance. COUNTRY PAPER, once » wrrk, Three DolUrs per Annum, in tjennce. . „ . XrSo paper .l..cont.nu«.l till direjlion. to that effect nr. |.ven and ail PAID. TERMS.. . . Five Dollarapnr annum payable in advance ftT- All VF RTI9EMENTS .... Will be inierted at the rale of Siaie-two"anJ « hair cenU, per iquare, forth, first itnerlion " , V.irtv-lhree an I tnree q iarl"i cenla, (or each continuance (rA- rOMM VIUATIOVSbv Mail. «».( h, Po.l W- Sale, of land and nan-roea, by Admimalralora. Executors or Ouardiani. are required, njr lan, to be held on tin- hret I u.- d ,t in l ie month, b< (ween the houra of lea in the forenoon and throe in I the Court-Honan of the comiy m which the properly ia ailuele.—Volico ol Iheae hi, ■ milHlbe jivon in a public faielte SIXTY daya previoua to the day of •ale. (folio, of the tale of pertonaljiroperly Climbs given in like man ner, FORTY daya previous to the day of aale. Notice to Ihe debtor, and crediioraof an estate meet be published for FORTY days. iiCiUttfaV UuVV’a «We\\\u\VH, Os Ike Campaign of the North Western Jdrmi/, in the year 1812. Jiihlressed to the monk of the United Slates. No. XI. On the 10th of May, I arrived at Cin cinnati, in the state of Ohio. Here I met' Governor Meigs, who hail made great ex ertions in collecting the 1200 militia, which had been ordered by the President—Their place of rendezvous was Dayton. Al though the officers and soldiers appeared to be animated with zeal, yet in revi'wingl them, and inspecting their equipments,j they were found without discipline, and des titute of arms and clothing, necessary for military operations. Their arms were to tally unfit for use, the leather which cover-' etl their cartouch b ixes was rotten and no' better security to the cartridges than brown paper ; many of the men were destitute of blankets, and other necessary clothing ; no armourers were provided to repair the arms ; no means had been adopted to furnish dom ing ; no public stores to resort to, either fir good arms, or suitable clothing; and no powder in any of the magazines, fit for use —and what is more extraordinary, no con tract, or any measures adopted, to supply these troops with the necessary article of provisions, during their march through a wilderness of more than two hundred miles, until they arrived at Detroit, the place of their destination. On my own responsibili ty, 1 sent to powder mills in Kentucky, and purchased powder, collected a few blank ets, and other necessary articles of clothing from (he inhabitants of Ohio, and employ ed private armourers, at Cincinnati, and Dayton, to repair the arms, &c. These fac's have been staled, to shew the neglect of the government in equipping and providing for these troops, which in theiri situation could not be consider ml as a f tree I adequate to offensive, operations, and to the conquest of Canada. After the Junction of the 4th United Slates regiment, which cimsi-ted of 300 ef fective men, with (lie 1200 militia at Ur banna, I commenced the march, earlv in June from that place, a frontier town in the slate of Olio, for Detroit, the distance of more than two hundred miles. After the disposition was made for (he march, 1 was informed that a part of the militia, refused to obey the order. hi the first place, I directed their own officers, to give them positive orders to march, and inform them, if they did tint o bey, the 41h United States regiment would be sent to compel them. They still refus ed, and a part of the 4th regiment was marched to their station, anil they obeyed. This fact is proved by the testimony of Col. Miller of that regiment, and I have stated it, to shew, when I first took the command of these troops, the want of discipline, and the mutinous spirit which prevailed,—and that the authority of their officers, was not sufficient to command their obedience, and that nothing but the bayonets of the 4th re giment could have (lie effect. It is not necessary to describe the labours an 1 fatigues, of the army in the march I» is sufficient to know, that the country was a wilderness, and the difficulties in march ing an army through it will be apparent. It is however, a justice due to the officers and soldiers to say, that all the labours of opening a road, building bridges and cause ways, and indeed all tins fatigues, incident to such a march, were borne with patience, and every possible exertion was made to ef fect the object of the march. On the rout the army built four blockhouses, which were garnsoned by the invalids, who were una ble to accompany the army. The object in building these blockhouses, was the conve nience of re iiiforcements, and the security of convoys. On (he 2d day of July, I received a let ter from the secretary of war, dated the IBlli of June, informing me of the declaration of war. It was in these words—“ Sir, war is declared against Great Britain. You will be on your guard, proceed to votir post with all passible expedition, make such arrange ments for the defence of the country, as in your judgment may be necessary, and wait foi further orders.” The day before this letter was received, the quarter-master, had been directed tc. hire a small vessel, at the loot of the Ita pills of the Miami, to transport the invalids, and the baggage, &■. not wanted on tin march to Detroit. The horses being wor down on the march, rendered this measure, in my opinion, expedient. At this time 1 had received no inlormaiion of the dtvlara lion of w ar, and did not consider, there was any hazard in the measure. 'On tije 24ti of June, 1 received a letter from the war 1 department, dated in the morning of the IBtli June, directing me to march to l)etn> it, with all possible expedition. In tha letter, not one word was said respecting i r declaration of war. The British garrison at Malden having a number of days befon r received the information, this vessel was ta ken in passing that fortress. The conn martial could not find any ground to cen ■ sure me for employing that vessel, as I hai no information of the declaration of wai f and was obliged to acquit me of the charge ' growing out of that event. The circum stances of this transaction, are particular ' ly related in my defence 1 Thus ii appears, that I did not receive in ! formation of the war, until fourteen days ’ after it was declared, that the British garri son had official knowledge of it four or five days sooner, that it is proved to a demon -1 straiion, that I might have received it eight days earlier, as I actual’ J receive a let iter from toe secretary a the 24th (of June, dated av V the Jlßth of June, in the mo. w “no information of the declaration o The person who brought me ter announcing the war, informed i was employed by the post master of I nd, in the state of Ohio, anti that it was brought dn the mail, to that post office. In time of peace with England, there could have been but one opinion, with respect to engaging this vessel, in the manner it was employed, j Having no information of the declaration of war, I must necessarily have believed, it Iwasatim *. of peace, and consequently no blame could be attached to me. This was ■ the opinion of the court martial. | If, after a knowledge of the war, I had' sent this unarmed vessel to Detroit, wi h 'the sick of the annv, the medical stores, in trenching tools, &c. knowing she must pass the Britis i fortress at Amhei tsburg, it would 1 |have been treason, for which I ought to have ’ been punished. The following is the opin ion of the court martial or ihis subject— I*' The evidence on tne subje t having been ’ publiclv given, tlv court deem it proper, in justice to the accused, to say, that they do j not believe, from anything which has ap ~pe ired before them, that B igadier General William Hull has committed treason against 1 the United S:ate.>H.” j. It appears then bv the opinion of the court, founded on the testimony f (he wit- I nesses, in behalf of the prosecution, that in this respect, there was no fault on my part. But here \v is a serious public (lisas ’ ter, the first which had happened to the ar my I commanded, and occasioned by the fault or neglect of some officer of the gov J eminent, whose duly it was to give methe earliest possible information of the war. It w.is well Known to the government, that J I was in a wilderness, filled with hostile h savages, and approaching a British garri son, that a previous knowledge of the war, I would have given the enemy the greatest possible advantage, in the situation i was 'j placed. It is impossible tint stronger rea sons could have existed, to render it rieces- Ssary, that I should have received the earli |.|est information of the war. What mea sures were taken to give me this informa nt tion ? A letter was put into the post office, and sent a circuitous rout to Cleveland in j the state of Ohio, and the post-m ister ai | that place was requested to send it through * a wilderness of about an hundred miles, to me. This letter, announcing this import I ant event, was travelling fourteen da\s be fore it reached me, when I had received lone in six (lavs from Washington, d te l on the same day. Who then, I seri ms v i-k, ’( was in fault ? If I had received informa j tion of the war, as early as the government I might have communicated it to me, thi> I vessel would not have been employed, an I I Hhs misfortune would not have happened. t Every effort was attempted to make me the I guilty cause in the prosecution, but without success. Could treason have been proved by the opinions of witnesses, the case would undoubtedly have been different ; but tha' would have been too great an outrage on established principles. Opinions, however, were reserved for another charge against me, which will be considered in the course of these memoirs. On this subject, I am sure you will ac quit me of all censure, and place the fault at the door of the administration by whose neglect, the disaster was occasioned ’ l ask you, fellow citizens, what must have heeu my feelings, at the commanding officer| of that army, when 1 found that (be enemy, had received informat ion of the declaration j ol war, a number of davs before it had b 'on communicated to me. Especially, as; Malden was about sixty miles farther from ' j Washington, (ban my situation at the time it was received. Had I not as much cause ( to declare there was mason at Washing |-j ton, as the administration had to declare there was treason in my camp? II There was no act which I committed, anil Jno duty which I omitted, which could de late the least Inundation for the charge. The administration had omitted giving me the i earliest i..formation of the declaration ol war, which had been attended with the on>»( serious consequences to the anuv. 1 * dovw been the more particular on this -ttb jeet, on account of the injustice and nu •Itr id the government, in charging me 1 oith treason, for an unfortunate event, which was caused bv its own neglect. » O IVu ninp-. —Children ate in the habit ol chewing Indian Uubber. It perhaps is nm , generally known that quicksilver is brought in this article, and it may lie cnnsiileieil rank poison. p| From the Richmoni Compiler, March 19 th. NEW TRIAL OF DESHA. The report that Desha has broken jail, is ■ mfounded ; all the Kentucky papers, which' >aie come to hand since the date of this re i iort, being perfectly silent upon a matter! vhicla would have rung through the state. — j i But the last Lexington Gazette (of the 3d nst.) brings us a document, penned with reat labour and calculated to have great llect. It is the opinion of Judge Shannon, vho presided at his trial. It occupies more han nine columns of the Gaz.-tte Extra— the points to which it principally addresses itself, are as follows ; The Judge commences by noticing the s extraordinary excitement, originating i i ad ventitious circumstances, to which tins trial ■ had given rise. He then confesses, that with - all the attention he has been able to bestow t upon the matter, he has been unable to s.it - isfy his own mind, as to tin guilt or the in i nocence ot the prisoner. He lays down the s position, that the testimony is altogether > circumstantial } and that there is no posi-j five proof of the main fact charged in the in I r diriment, viz s that /laker fell' hy the hand lof Desha. He asserts that there are circum- , , stances proved which it is difficult to recon , t cile with his innocence; on the contrary, , f there are others which seem to be altogeth- , i er inconsistent with his guilt. Ij ; His attempts to show from the character , , of the testimony, that the two w itnesses whoi| i speak to the identity of the mare found in , : the possession of Desha, do not conclusive || i ly prove her to be the same animal that was 1 ) i in the possession of B iker at the time that | he is supposed to have been murdered. The Judge indeed he cannot help ( suspecting ier to be Baker’s; but it dies, not appear beyond a d mbf, that she is so.— ] i The witnesses may be. mistaken and it , I would appear less extraordinary to him that , ; they should be mistaken, than that a man of ( • Desha’s character should be guilty of mnr • der. But on this point alone he doubts i whether he should be at liber y to inteifere i with the verdict of ti e jury. i He sta'Cs, that there are cm the other hand a variety of circumstances equally difficult 1 obe reconciled with his guilt, finis, he, l finds it impossible ' believe tout Biker was killed either at the place where his o nly was ■ found, or at the time ill- de d i- supposed to have been done by Desha" On the morning i 1 d die 2d Nov- mber, Desha and B iker are r proved by Miss 1) >■.geti t. have left her f.i-js tiler’s house together, a ter having taken ani errly breakfast. Soon after a rather late I hreakfast, the gray maie supposed io oe iia- I kers, witli a saddle and bridle on, came into: 1 : old Mr- Ball’s lane;—Fumi Doggett’s to I Ball’s about four miles. One ' ( Bill’s sons s caught the mare ; rod back with her to th road ; m t Dasha’s hmse with a saddle on, t but no bridle. —He pursued him about ainle c , ami a half, when he met D sh» with a pair c t of saddlebags on Ins arm and a r>-<! morocco I i pocket book in his pantaloons. —Two of me 1 • B dis swear that Desha told them he had i b -ught the mare ; ami ol I Ball swears that -i De-dia afterwards told him he had bougnt t ■ her that morning, ( M irk iiese events happened on the 2(1. t , It was not till the Hfh that the body of Ba- i i ker wasTound, ab »ut a mile and a h !f from I ' Ball’s between Ball’s and Doggett’s —found \ i by two of B ill’s sons about 50 yards fmm • the road by the side of i lox in sight of the t road —the body on the si le of the log next < to the road. These two B.dls said, that \ fmm a glove being found i i die road, they i i suspected it had been lost by some Im-killer. t , That they turned round to see it there vv- ie, t a iy sign of hogs being killed there, and it t was then they fou.nl the dead man. They a give the alarm ; and the neighbors collect i ed.—The corpse was found stripped of the i coat ; with only one glove on ; the throat cm i near!. from ear to ear; several cuts on the t Head one or two small ones on the breast, &c. i &c. But what is rent nkable, was,,that there i was no blood found near vhere the b dy t lav, nor any near it —there was no very dis- a agreeable smell; the body Umber and not s swollen ; and there was a trail from the ( edge ol die road to where the body lay. —1\ There were afterwards found in the road \ opposite to where the corpse lay, several \ little articles, as the silver cap of a loaded t whip, the lead out ofawhip, &e. &.c. [c Now, says Jadg<* Shannon, how are these i to be reconciled to the hy- | pi thesis ol Desha’s having killed Baker on t I the morning of the 2d and in the road? j . Why were not these various articles sooner, 1 found in he road ? Why was not (lie body s sooner seen from the road? Why was no t 1 bhmd visible on the road? Various witness’ : es had passed along that road, in the interim s 1 yet no discovery was affected. No horses I had scented the dead body, though so nearh the road. Is it probable then that Baker was|! 1 killed on the ground where his body wasjl found ? But above all, it is probably that!! he had been killed so long F even 24 hours ( The body limber, the abdomen not swollen ; ‘ tlie warn ids red, not black or purple ;no < " indicali m of putrefaction ; only a slight un- I pleasant odour ? The Judge declares, that 1 upon any natural principles, it is impossi-j b e to account for tin condition of the body,!: m the hypothesis of Desha’s having accom- < (dished the murder on the morning of the : 1 second. • 'Tkese circuniMancesdiminisli the strengths of the presumption of guilt against him, aris- i i ig out ot other facts and circumstances, I d tailed by the w itnesses. He even throws : out a faint ami equivocal suspicion, that the ; B ills might have wrought the foul deed. : The Judge says, it does not positively i appear that Baker’s pocket book or Lis sev- j en shirts found near Desha’s house, were ever in Desha’s possession—a pair of sad dlebags was also found a few steps from I Desha’s fence—but that they were not Ulen j titled to have been Baker’s or satisfactorily proved ever to have been in Desha’s posses sion—that Desha exhibited nothing strange in his manner just after the supposed inur der ; nor when he was first suspected ; not when he laid his hand upon the dead body. The Judge admits, that Desha’s being in possession of the mare is a weighty circum stance against him---but Desha had said af terwards he had bought the mare of Baker in the road. Ihe Judge admits this story told by Desha is not a probable one ; but “ is it | more improbable than that he should have murdered Baker at the time, and in the manner snppo-ed ; in broad day-light, on a road considerably travelled ; and then that Bakei’s body should have remained between ? and 8 days in the woods exposed to th | open air, without becoming siiff, or exhibit ing any symptoms of putrefaction, or at Itracting to it, birds or beasts of prey p” The Judge then proceeds to examine the circumstances which occurred in the jury iroom- -is to interfere with the verdict of the Jury- Upon the whole, he .determines to set aside this verdict, and, 'giant the prisoner a new trial.--He de clares, finally, that he has not been in the hab't of giving long opinions, or of com menting upon testimony from the bench: but the extraordinary character of this pase had cau-ed him to make it an exception to his general practice. Upon the w hole, we fear that, take all the circumstances prevalent in Kentucky to gether - the Speech of Mr. Wickliffe in the i Legislature against the accused, and this! op non of Judge Shannon leaning to the other aide---full justice may not be (J«ne, to the Commonwealth, or to Desha. From the Savannah Georgian , April 4 "Latest fvom England. By the arrival of die fast sailing ship Em ily, Cap ain Webb, London papers to the evening of the 21 it, and Liverpool to the 23d February, both inclusive, are received. To the podteness of tin* owners, Messrs. A. Low & Co. we are indebted for papers of the la'est date. We are also indebted to Capt. W. fn a L verpeol paper of the 23d. The Emily has comp eted her preient voyage in seventy-two days. The discussion on the subject of the Ca tholic Association was of the most animated character. It laited for four nights and con eluded by the passage of V r. Goulburn's Hill tnr its suppres-ion—hy a vote ofz.'S to 123, leaving a m .jinny in favor of Ministers of 105. 'The bill! th nigh directed against ill societies in In land, is intended solely for the suppression of the Association. The Courier and papers who support the adminis tration, of course rejoice at the result of the discussion. The inner papers consider the bill as inefficient, because it may be evaded with facility. The Times says, “ The more we consider the subject of this strange measure, the more is our early opinion coofi med, —that ministers might as well attempt to catch die winds, or to fix the ocean, as to destroy die body against whom they have declared Hostilities. If asked how this co ercive law can be evaded,we answer, by any one of a thousand acts, which under any conceivable system of law, each individ ual of the 3000 composing ttie association, might every day perform. The law may be eluded by any one who can put his hand in to his pocket and pay money to another. It 1 may be eluded by the change of name. It may be eluded hy a weekly or half weekly! calling together of an aggregate meeting—by" a dinner, or a succession of dinners, where speeches are made and reported—where se-| ditious sentiments may be conveyed under: words that are intangible ; and, what is! worse than all, but what the Government; .would do well to prepare for, the defeat of the law may be consumated by deep con-: cealment, by meetings at wnich no speeches are reported , and where transactions take place, of which we shall know nothing, un til we see them developed in their fruits.” In consequence of the proceedings in Parliament, the London Catholic Rem As sociation has assumed the name of the Bri tish Catholics’ Free Gift Association. Mr. Brougham’s motion to permit the as sociation to be beard at the Bar of the House by Council, after considerable discussion,! was negatived 222 to 89 —majority 133. Messrs. O’Connell, Shed and Bac who had been deputed by the association, were seated below the Bar of the House during the dis cussion. It appears that Ferdinand’s healtli was (lie cause of some alarm---the gout having taken the direction of the stomach. | Letters from Barcelona of the 10th of ! February, received in London on the 21st, I state that Ferdinand has published a decree, ordering the merchants of Barcelona, who arc making out claims for injuries done to Spanish Commerce by the vessels id the U. Stales, to include in those claims all injury isustained from South American privateers, which could be proved to have sailed from j the ports of the United States. The appear-: ante of this decree lias caused a great sen-i sation in Barcelona, it being feared that suchj extravagant pretensions may terminate in. hostilities with America, which would at t f once destroy all the little trade now carry-, -mgon by Spanish merchants. It is added t in these letters, that in consequence of the - numerous butcheriea of Constitutionalists, y the French General in command, has sent - an officer to the prisons, to take a register b of all who are confined there, and has or dered that no prisoner shall in future he ta t ken from prison, under any excuse, by the . Spanish authorities, without his permission, i There is nothing from Greece of a later - date than we have before received. In London on the 21st of February, the r funds were favorably affected by the receipt, as was said, of private advices from Fails, ! that the Emperor of Russia had positively t refused all interference in the dispute be j tween Spain and her late provinces notwith ; standing the earnest entreaties of Ferdinand i w ith an offer to cede the Califoreias to Rus t sia, and to grant an exclusive privilege of 11 trade, as the price of her assistance, j The London Globe of the 21st Februa ry, states that the increase of the British Army will be at least 15,000 men, and the [incidental increase of expense half a ir.il !, lion a year, Probart, upon whose evidence Thurteil i was executed for the murder of Mr. Weare, has been apprehended for horse stealing, j Mr. O’Connell signifies, in pretty plain terms, an intention to evade the new law >'of putting down the Association. He has ~d monished the Catholics to pay strict obe ence to the Legislature, but, he adds, “ •- yond what the law may enact no submist k can be expected.” I The people at the different o-andrifr-h.. . ses complain bittei • t i': >■ ■■ business has migrii change. | Mrs. Opie, it se m* perseveres in r one of the Society of V iends, or Qu;-v > as they are vulgarly styled, and assn their simple garb ; but the spirit of character and the vivacity of her convi tion remain the came, nor has her new lessened her propensity to literary ; ’ suits. Mr. Goulburn’s motion for leave to bring in a bill for the suppression of the Romait Catholic Association of Ireland given birth to a discussion in the House of Commons seldom equalled in spirit, and almost un precedented in duration. The proceedings commenced on Thursday, the 10th Februa ry, and occupied four long nights: Thurs day. Friday, Monday and Tuesday. Alto gether the members who spoke, were on their legs fully six-and thirty hours. According to a return made to the Court of Common Council, the consumption of coal in London amounted in 1822, to 1,199,- 511 chaldrons ; in 1823, to 1,437,261 ; and in 1824 to 1,524,807. Mr. Wilberforce is, in consequence of the declining states of his health about to The gigantic project of a ship-channel from Arundel to London, capable of floating a man-of war, is said to h<> seriously enter tained, and is not unlikely to become a na tional undertaking. The Eapt India Compapy have appointed Lord Copabermere Commander-in-Chief and second member of tne Council in India. A letter from Copenhagen, of the sth in stant, states, as a report, that .Sweden had determined on following the example of England in the recognition of the South American States ; & that M. de Hanswolf, who four months before, hail left Stockm Itn for Colombia, wouhl .be intrusted with the negociation of the treaties with that republic. It is stated from Birmingham, that consi derable inconvenience is felt there from (he ! great and sudden rise of the price of iron.— |The price is now such as nut only to make 'corapetiton with foreign manufacturers dif ficult, but to render the execution of large [orders which have been actually given possible. Immense orders from foreign a gents, especially from America, have been 'taken at a price at tvMch, from the present price of iron, the goods cannot be supplied, j The demand for hands in the lace manu factories in Nottinghamshire is so great, that | the hiring of household servants in that I district is a matter of considerable difficul ty: the wages, in consequence, are exorbi tant.—Combing wool for which 13d. per pound was the current price a few weeks since in - Yorkshire, is now 18d. and 19d. and higher prices are looked for, little of the old stock remaining with the growers. The German papers state, that the Eng lish Quakers have sent missionaries to Westphalia, who have been very successful in making converts to their religious teneisi r % O T % c 5 Tne young King of Rome Bonaparte’s son, .was 14 years of age on the 20th of last month. A letter from a person of rank, at Vienna, states that his education is likely to make him a military character, and that his I grandfather, the Emperor of Austria, seems to take much delight in him. We have been favored by a mercantile (house in this city, with a Circular of the ' latest date, of which the follow ing is a copy: Liverpool, Feb. 23. We experienced a most animated demand for Cotton, during the whole of last week at steadily advancing prices, and the extent of business transacted, has seldom been equal led during the same period. The total sales i from the 12th instant to the evening i f the I !9tli, inclusive, amounted to 37730 bags by I private, and 460 Demeraras, 110 Bowed j Sea-Islands, -10 Stained Sea Islands,and 50 Andreas, by auction yesterday. Os these ((by private, there was 16760 Americans, ■ 1(5170 Brazils, 635 West-Indies, 55<JOi