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teSfflrngjLMM' '■ 11 . Wi ■!_ jbii» agagigg
In the mean time the three junior managers
met upon the parts' which they were
to perform. Herein I thought they were unfor
tunate. To Mr. I'lirt, a bustling, fidgety, rest—
I ‘Ss about five feet two and a half
inches high, was .assigned the comparatively
< asy task of making out and distributing the
t. trnotrs. Mr Crouch, a goad humored s. nsi
ble, but rather unpolished gen leman, undertook
t o attend the carriages, and to transport their
precious treasures to the bail room, where Mr.
’ fuproe was to receive them, and see to thei
r;de keeping until the dan mg commenced.
The parts of the married men, up to the opening
' ftlb- b ill, wis settled by common law. Tlr-y
’/ere to keep a sharp lookout, lend a helping
band in . a<o of emergency, drink plenty of wine,
f ee that oth 'r gentlemen, parti* ulatly strangers,
<?i Ithe same, and finally, to give any gentleman
who might h ive come to the ball, encumbered
v ilh a little loose change, an opportunity of re
lieving himself. Things were thus arranged,
« rouch standing with a group of gentlemen, of
• Inch I was one, in tiic entry leading to the bill
room, when Mr. Flirt broke upon us as if the
whole town was on fire, and all the ****** had
i Isen, with “ Good God, Crouch 1 There’s Mrs.
Mushy’s carriage at the door, full of ladies, and
t ot a manager there to receivetherrf! I’ll swear
i 1 is too bad!” “Horrible ! said Crown; and
way be went. But Mrs. Mushy, with Miss
J ecdlc ami Deedle, had reached the foot of the
. tirs unattended, before Crouch, or even Flirt,
' ho was considerably in advance of him, met
them. Mrs. Mushy, who was a lady of very
’ di habit, looked huffisidy as Flirt took her hand
mid Miss Fondle and Miss Deedle blushed sar
castically; Flirt made a hundred apologies, and
Crouch looked fu st at Mrs, Mushy then at Flirt,
mid tittered “What a lovely ’ figure Mrs.
Mushy is!” said he, as he turned off from dehv- ;
*ring his charge to Dupree. “Oh, Mr. (’rouch.”
: aid I'lirt, “if you begin making your tun of the
ladies a’ready we’d better break up the ball at
eno. By heaven, it’s a shame.” “Upon my
lion «r, Air. Flirt,” said Crouch, “I think she’s
beautiful. I always liked a light and airy fuj ire;
particularly fora bail room.” By this tune Du
pree had joined us. Flirt left us, obviously in
a pct: but we hardly missed him before back he
rushed from the ball room, exclaiming, “Why,
gracious heave is! Dupree, there arc those three
ladies sitting in the ball room, and not a gentle
man in the room to entertain them. Do go and
introduce some of the gentlemen to them, if you
please.” “Flugeus!” said Dupree, what an
oversight!” and off he went f»r entertain'rs.
After several ineffectual attempts, he at length
prevailed on Mr. Noozle and Mr. Boozlc to be 1
made acquainted with the ladies.
Mr. N. seated himself tn the right of Miss F.
and M*. B. to the left of Miss D.; Mrs Al.,
occupying a seat between tin girls, and look
ing lor all the world as if sho thought, “ A 11,
Ibis is the last ball I’ll ever att nl, uni ss it’s u
little better managed.” ‘But the young la.us
looked like a May morning us soon as the gen
tlemen approached. After a pause of two mi
nutes,
“It’s a very pleasant evening,” sai Mr. Neo
vic to Mis Fecdlc.
“Delightful,” said Miss Fecdlc tu Mr: Nuo
’.;le.
‘ It’s a dchghfu! evening,” said Aliss Deedle
to Mr. Boozh*.
*■ V< ry pleasant,” said Boozlc to Miss Dec
de.
“ I tnought there were some married niana
geis of the ball,” said Mrs Mushv, cm >ii'tical
ly. II ere ensued a long pause.
“Arc you fund of dancing i” said Mr. Noozle.
“Ah! what’s that you say, Noozle t”—said
Boozlc; “you are not fond of dam ing ! Came,
come, that'll never do. You tip the pig< on wim;
too w< 11 for that.”
You quite misapprehend me, sir,” k term d j
Mr. Noozle. “Mine was not a de< laratton
touching ui the i emo test 'ogree my personal
predilct tions or antipathies, but a simple inter
rogatory to Miss Fecdlc. No sir; though I
cannot lay chum to the pr*di< i ncy of Auxerre,
tn th ■ saltant mt, I am, nevertheless, extrava
gantly tbn<! of dancing; too much so, 1 tear, tor ;
one who has but just commenced the rc-uU
hten bra/i »ns a wioi-Hm, as that miinitubh and j
fit cinating expositor of tlw dements oi Bntish
jurisprudence, Sir B illiam Blackstone, ob
tcrxe.s. To reach these high attainments m
forensic.”—
Here the young gentlemen were forced to re
t ign their seats to a number of ladies, who now
i nlet cd the ball room.
“W ha‘ an intelligent young g< rifleman !”said
?liss Fecdlc, “I declare I must set mv cap tor
I.ini”
“ I mink tn - other much the most interestin''
' f (hf two,” tai I Miss Dee lie. “lie’s too a(-
t * leJ, uh j too fond of showing oft Ins learning.
Uh.it < id h% cal! that “inimitably expositor t”
1 he S .its were soon filled with Indies, ail of
\ bom almost, (except Airs. Mushy,) entered
t ie room in t c same style, which s'-cm d to
i*x It. iisiii. tly * opr d from the movement of
’ ! 1 ex I tel. their with pre* rse-
• I ■■ xxith which th< school girls, m ih'
' :i«. .. c.axs. u.'Cti t > make “chees.’a," a- (hex
« o' u (oe.u, mill then frocks.
i he naw iaiu were all blacks, but neatly
t.r.-Mil. Jbe bund < tnsisled <f three pel for
>.i I'Uiili' xtumi. on. on the datum t. <ie on
< i; taiuboriuc, and mi • uu the tn ngl-.
i !.< la e's erased i tiiimg, and nothing mid
« J uoxx \ iititKxg to Ingin tiic amusement but tin*
‘i-ti. :iti of ths numbirsbit Mr. I'lirt xas
» run ig tin an i down stairs exert minut • niter
—rove. I.a w v.u.kl x>\th g T . anxiety,
x >< u L > xx \'iier<l »ie. lie xxxndd enter (he
i I >..k tic loir's all ovw, th % n thn»n he
<»ul 1 go; theij rvutrii a i»l go IhrcMgh the s.t«r> ■
<v«’luf: i .;<• b»_; | e!n.ck up a .-;»ir,t r-
I.ng tuce, in x. hl a t!.-* timi»<»imc pjaxer
(pnsht d hitusdt. i . j mgt hied < etnpff; uir x
«: i oniji rranev un .i i iasown music be rivaled
u.kons, an 1 he p licim xl t!.e latdr snake
’ m ’ i fiv-et, i, a >{ ,|. winch
* * p < ut.r iy ra (hi shade. The
c< ,n r< 4 Vu . became
“Why doesn’t the drawing begin !” but Mr. Flirt
still kept up his anxious movements.
“in the name of sense, Flirt,” said Crouch,
impatiently, as the ittle man was taking a third
survey oi the ladies, “ xvhut are you bobbing up
and down stairs for ? why dont you distrioute
the tickets'”
“ Oh,” said Flirt, “ it’s early yet. “ Lei’s
wait for Miss Gilt and Miss llino. 1 know
they're coming, for Mr. Posey and Mr. J ulip
tdd me they saw them diessed, and their car
: ri'ages at the door, an hour ago.”
“ Blast Miss Gilt and Alias Rino,” returned
Grom h. “is the whole company to be kept
waiting for fheni ! Now, sir, if the ti- kets are
not handed round in three minutes, I’|j announce
Ito the company that Mr. Flirt will permit no
dancing until Miss Gilt anu Miss Rino sh II
think proper to honor us with their presence.”
“ Oh, zounds !” said Flirt, “I’m not wai ing
j for them. I thought it xvas too early to begin
the drawing. It’s quite unfashionable in New
York to commerce drawing before 9 o’clock.”
Miss R.’s father was computed at a cool hun
dred and fifh, and Miss G.’s ala found hun
c'r< d thousand.
In a few minutes (he tickets were distributed, I
and Mr. Flirt proceed) d to call, “No. 1— First ■
Cotillon,” with most imposing majesty : t hen
numbers 2, 3 am. 4, of the same ; th n No. 1
of the second, and so on. |
Five sets of cotillons could occupy the floor
at a time ; and Flirt had just called No. 2 of th<
fifth, when Miss 4mo titered ti.e room, and
immediately alii i warns Mss Gilt, b hit had
put two -up rnumerary tickets m th hat, in an
ticipation of their coming; and t';rg< tting < very
thing else, tie suspended the calling ami rushed
to deliver th< mas soon as the ladies made their
appearance.
IL xvent to Aliss Rino first, a she entered
first; but she was obviously piqued at seeing
the s'ts on the floor before her a rival. She
refused to take i number,de< lanng (very sweet
ly) that she left home wiih no idea of lancing.
Flirt in'istea, earnestly and prettily, upon her
lakmg a number; but she be-itated, looked in
the hat, then looked at : lirt bewitchmgly, and
declared sir did not wish to dance.
In lhe mean time iss Gill began to feel
herself slighted, an I she sai ,in a pretty audi
ble tone, “as for hr put, she would like very
well to draw a number if site could be permitted
to do so.” Several genii men who nad gatner
erc I around her, ha.-tened to Flirt toremind him
of the indignity xvtnch m xvas ofl. ring to Miss
(Jilt; but before they re;uhod him Miss Rino
drew No. 3 of the fifth cotillon from the hat.
Unfortunately, Crouch’s patience had worn
out, just before Miss K. mad'' up her mind to
take a ticket, and he took the office which Flirt
hail abdicated. He called No. 3 twice; but
the call was n t responded tc. He then called
No. 4, xxhen Miss Jones appeared and took
hei place. He next < all. d No. lof the sixth
set, when a lady appeared, which .-ompleted the
cotillon. I lie last lady had but ju-t tnk<‘u her
place, whi n Miss Rim>, led mby Air. Boozh-,
advanci if, and announced that hers was N .3 1
<>f the tilth set. Alisa Joiie?* was itiMindivelv !
retiring from the august p'csence of Aliss Kino. 1
whi n she was stopped by < much, with “Keep '
your phici, Aliss Jones, I think you arc entitled 1
to it.” i
“ Isn't this No. 3, of the fifth cotillion ?” said 1
Miss Rino, holding out her ticket to Mr '
Crouch.
“ Y’es, Miss,” said Crouch, “ but 1 think t
has forfeited its place. Ineeed, I do not think
it was even drawn when Aliss Jones took tier
place.”
This drew from Miss Rino the e.\pr> ssion of
countenance which immediately precedes a
sneez".
“I pon even piinciple < f equity and justice,”
said Mr. Boozle, “ hiss Rino is < utitled to”—
“ Music!” said ( rom h.
“ Hands round !” said the fiddler; and tin
whole bai.d striu k mto somethin*' like “The'
Dead March.”
“ I llis matter shall not end here,” said 800-j
zle, as he led ‘liss Rino l ack t<> tier seat
‘■Oh, Air. Bo 'Z.le rcturiie. Ali->s Rino,‘‘don’t
j think any thing of it. I declare I had not the
t l- nst wish iitt’ie xxoib.l to dance. Suu lx you
v.ould n<4 object to any tiling the polite and
accomplished Mr. ( )( ()< i i would de
Noozle xv ilked ttic floor m ooiti ntotis ab
straction, wipe i li;s :a c wit i uifi enmhasis,
and knot ked his h <ir back Vl{!t (|, cj.jp
hgcrent.
lhe ladies xxho xvere not dancing became
alarmed and sedan : k Ahss Gilt < veepted ;) j
the gentlemen coif < ted in croup-, and omit d
on n ainmated < onveisatmn. As ull lut inx
: -elt, who could gix t eorrvtl x< isi nut tic as
fair, were engaged m the tian », the Not.zle
party had gained oxer t tin ir -i e most the
company present b for the dauct ended. At
terxaiious enquires, tumois and correcti >ns,
the company gvticridh ~ :tl. u < <>x». t pon (*>•
following statement, ts eon firmed iy the joint
ti -t:m nx of Rino. I lirt an B tzb 1
“( M uch ha an<! -|’i <■ ; t-J Vi-s Ru.o,
tor not -ing at .d. —B abusing
her I . use she xvas hut rie first ladx in the
>o- :n Refused to wait two minutes f<*c hei ar
rival—As soon as lie saw her inter the ball
room, usurpv Mr. I Im's ;r»>> mtmeut, and
commenced calling ih< numbers <>n purpose to
cut her out. Sin ,-e mg hi- objet t, .-nati Ltd
1 up t number, and itislad tn <r place; but it
XVa> occupied bx Miss Jont s; who seeing the
. supcri rity o. h< r ciaim-, < fl'red togix- way;
• and was actoall retiring, e! • n < rou< h >ctzt d
. her l x th r>rm, jerkt. her ua k, and .-m: "K ti
I one .Viw ! Y ou’rv . nti’led to it, if Miss
, I ano l.as g< t the number; and xou shall ax i
• it. Ant! when Air. Nouzle xvas pleat.ing xvith
. him ju-t :o 100. at Mi-s Rm-.’s tivket. he just
• tunn d cp. n Lis Lt 11 ant!, ailed tor tin iuxim
Tl i- w .s ail reunited to v roucn, as conti me.
by t u (.tai i.ejore mentioned. He pronounc
, it ail an inf umous he, from tin b _imn ->
| end, a.ll was w«h iff. u| y r Hmme.? rom !
■ rng i.irm ia<» .y ntu rfr Im, n», j MI k him up.
i be sai , and veai him out ud< u Not zL .
As s«>on ihr firstcutiihon vn«‘> d the tn.
. '.mt? ■'• l n r'et-'/! : Ftt’ t x
warmxvordsbetween leverai gentlemen, auu al
general depression of spirits through the com
pany.
The dancing of the '.adios was, with few ex
. ceptions, much att< r th? same fashion. I found
not the least difficulty in resolving it into the
thfice motions, of a tur!cy-cock strutting, a spar
row hawk lighting, anda du< k walking. Lot
the reader suppose a laly beginning a strut at
her own place, and eniing it (precisely as does
the tin key cock) threefeet neart r the gentle
man opposite her; th', r giving three sparrow
hawk bobs, and then saddling back to her place
like adu k ; and he will have a pretty conect
idea of their dancing. Not that the three
movements were blended at every turn of the
dance ; but one or more of the three answeret!
to every turn. The strut pn vailed most in
balancing ; the bobs, when balanced to ; an
the waddle, wh<m going round. Tc all this,
Mrs. Mushy was an exception. When she
danced, every partiele of her danced, in spite ol
herself.
There was as little vaiiety in the gentlemen’s
dancing as there vas in the ladies’. Any one
j has seen a gentlennn clean mud oft his shoes
| on a door mat, ' as seen nearly all of it; the
! principal difference being, that some scraped
w’ith a pull < f the fo»‘, some with a push, and
some with both.
“I suppose,” said I to a gentleman, “they
take no steps became the music xvill not admit
of them:”
“Uh no said he; “Il’s quite ungentcel to
take steps.” I thought of the wag’s remark
rema ks about Aids C ump’s music. “If this
be their rffwicwio’,’’thought I, “ what must their
mourning be!”
A splendid supper xvas prepared at twelve
o’clock ; and the young ladies ate almonds, rai
sins, apples, oranges, jelly, sillabub, custard,
canny, sugar.jilums, kiss s and cake as if they 1
had been owing them an old grudge. But the i
married gentlemen did not c.-me up to supper, i
“And now did the quarrel end ?” i
“Oh ; I had like to have forgot the denoue i
ment of the quarrel. ’ ;
A correspondence open, d the next morning
between the parties in which Noozle was dil- 1
fuse, and C rouch laconic. I hey once came i
this near an amicable adjustment of the differ
ence. oozlc’s second (for the fashion is lor
th principals to get into quarrels, and for the
seconds to get them out) agreed, if Crouch 1
woub.l strike the word “it” out of one of his let- 1
ters, his friend would be pertectlysatisfied.
Mr. Crouch’s second admitted that the re- :
moval of the word would not change the sense i
ol the letter the least : but that Mr. ( rouch '
having put his life and character in Ins hands, '
he felt bound to protect them with the most 1
scrupulous fidelity : he could not therefore con- 1
sent to expungt the obji dionabli word, unb ss
the challenge xv.ro withdrawn. To show, I
however, ins reluctance to lhe shedding of blood 1
and to icqtrl his fri nd, in the eyes of th- pub
l.c, of all olanie, he mild take it upon himself I
to say, that it Mr Noozle xvould xvithdraw his *
objections to the “t” Air. ( r> uch shi uld .x- '
punge th< “i.” 'this propaciti. n w..« t- tl; <
but m ictinn, it was submitted, that if Air. 1
< rouch would expunge the -‘t’' the “i” miglit 1
remain. To which it was replied, that the al- '
teration w< ulc ronv< rt the whole sentence into 1
into nonsense; making it read “j is,” inst< ad of '
“(/ is, c. Here the seconds separated and
soon after the principals met ; and ( much shot
N' ozle, in due form and according to the I test
f shion, tin ugh the knees. Iw.nt to see him
ii't«T he receivt d his xv.mno; and po ir felloxv, ;
he suffer'd dreadful tortures. No much, said
I, for a young limy’s lingering trom a ball an
hour too long in order to make herself conspie- '
BALDWIN.
From the ( hurleston Mercmv.
THE MILITARY OATH.
“/. .7. If. do solemnly swear [nr affirm] lha {
I ; ill he faithful, and h tie alm gianci l.tar Io
the State of South < »p. mn.x, a>.d that t will
support and maintain to the utmost of my ability
th- Law and ('osstitutign •;/ /AN State and
of (hi United Stvtes, so help me Uod.”
The abox i- th t.-im o! the Oath required by
the Military Bill, which w: copy.xvord tiu word,
and letter tor L tier, train one of the n< w Coin
niissu.ns upon xx hi< hit is < niioi>( d. VW- are
thus particular in dom and stating this, to place
it u th< |ioxx er vd carb of our subs, ri er.-, to
mi• <ce’x. the igtioi nt, who it is evident, fro
the resolutions appeal ing in dtff nut | apers in
the tatv, have I" • n grossly imposed upon i y
designing men. Boih the form and diarai
of the Oath have I in mis:< pn sented, for the
pu pose ot proi'u ing I XI itement, m v. In h cer
tain p.'liu. ia! bacii n Lope that n av
possibly turn up to their piofit. We are as ur-
< . that tn ix idu ds i.axepiotecdeii to tl e shamc
itil extreme of ic .umg to meetings of tia pco. It
in th.- mt. nor, and p s m,. up In p U j,| l( (> | „ (
n’ong t " roads, tlict rn 4 a ti. uuon- ~a t h, d
daring tf.is forgery to Is (he .at 1 prescribe
I y th» • rgislatur ; titw!, r» t .v e
io ti* is grvuti si t. jh ->plt aiv L, tn, . mgnor- j
anct of the true ci a-actor ol the Mihtarx Bill.
While this is cone in th upp. r < otintry Lx t><> .
x\h<» are encourae, tm pii isptn from below,
tlie .iff has. m < hurleston, also, been shan c
full . misrepresented -; and item; t- r« now
making to i fl mie tin pas.-iuns of the mnorant,
by talsboud.
That lie re sbou’d be some men of the mi
nority, s<> ill nt <ase at the condition in xvhic
the C.isis lias left th m. ns to ar« m this manner,
is nut surprising ; i-ut it xvill he stiange it tht v
-m < i d in making the mielhgv nt and l < nest oi
iheir party play the 01, m order that a b w
agitatmg • alcootenls may vent thur --Iren, or
may . ngagi in a ae.-p< rat. i fieri to acquire p ( ._
h'.u I important c.
I in game of these agitators is exsrlv to be
Seen into. They will nut then sclve • penly
v ii’.t ul to sanction nd a vis r< sistam c to
-a kmml' igeu laws us t <• Nate, but th- x
w. lse. 'etl work upon the pa-sious oi their
noratii .flow r*, and urge them to exhi it a!
x . i t spuit, mi ie xai . hope o; embarrassing ■
Nate, which they . vsi.e tu embarras- per
t( .. c ..( | t 4 ”’J. (b*?y JjMr-kr o.ii .b’v
• cause waveringon the part ot the majority whici
would be claimed by' themselves as a triumph—
or if th< y can do no more than embroil the State
and lay the blame on the Nulliffers, it wouli
serve as a salve to their present mortification.
It is strange, that even these men can hope
to gain any thing from conduct so revolting t<
all patriotism, principle or consistency. Thej
were the overzealous friends of quiet and order
when Carolina was resisting acts of the Gener
al Government, which the selves acknowledg
ed to be unjust, oppressive, and illegal:—anc
now, forsooth, they are for stirring up tumuli
and sedition against an act of their own State
w icb they acknowledge to be altogether legal
merely because, as they say, it wounds theii
pride !
VA e observe in one of the city papers las
xveik, an appeal to Mr. Poinsett, calling upor
l im to lead his party into resistance to the Mili
tary Bill. What op'nion could the writer havt
had of Mr. Poin-ett, thus to address him, aftei
n ading that gentleman’s speech at George
town ?—Air. P: said there, that the Oath wa
legal ; he xvas as willing to take it as any othei
Oath against committing a crime, but be object
ed to it as w ounding to the pride of the Unior
Party. After this, could any man who respect
ed r. Poinsett, as i gentleman and a patriot,
call upon him to organize and lead a resistanct
to the law, without intending to insult him ?
Many an execrated traitor has had a far better
plea, tor resisting his country’s acknowledged
laws, than that of -wounded pride. AVe think
we know enough oi Mr. Poinsett’s sagacity
to vouch for him, that after such a speech he
will not dare outrage public opinion, by openly
taking part ii, at present, organizing resistance.
Ilis /i ie ds knoA xvh> thur or not, though care
fully unconnnited in public, he may privately
foster discontent and when the dupes of the
excitement have plat ed themselves in such a
position, that a false ci v ot persecution can be
raised in their behalf may then join their stan
dard. on th< pie i that the State xvas oppressing
them. If he be capable of such conduct, the
appeal in the Southern Patriot xvas n< insult.
Not only by Air. Poinsett at Georgetown,
but by the Union leaders in the Legislature wher.
the act was passed, it was acknowledged that it
was unobjectionable in principle. They only
consider it uncalled for and inexpidient. Now,
xvhen he question is one of mere expediency, the
opinion of the majority of the Legislature must
decide, and in all govern cuts xvorthy of the
name, the decision must bind all jiarties so long
as the law remains unrepealed. Can any of
these leaders take part in resisting it then, with
out being false to their oaths of c.flice, w hich
they have already taken as Legislators—with
out leaving perjury on their souls, and commit
ting wilful treason ?
AVe have heretofore refrained from much no
tice of the meetings in the in erior, bccau e we
I i lievedthem but transient ebullition ofpassion,
vh. b xvould be magnified into false importance,
by animadversion. We believed the cxcitt ment
originated in ignorance, and would cease when
the people of those scctiors of the State were
eorreetlv inlorme . But as we perceive a des
ign on toot to keep them ignorant, xve deem it
our duty to call upon the conscientious and in
telligent ol their party to interpose and arrest
the course of (he instig itors, xvho are urging
their followers to discomfiture and disgrace.
Many of th" Ut.iun men see nothing objection
able in the Oath,and we know that some of their
most eminent leaders are opposed to any agita
tion of the sub oct, considering it ridiculous and
wrong. Let thesi m< n do their duty, not so
much to the S’ate as to their oxvn partv, bv as
sisting the progress of truth.
11 tin agitators confide in the honesty of their
brethren of whom we Lave just spoken, they
must see that by persevering, they must divide
their own party. But it is useless to reason
with the agit .tors,who aredespeiate xvithspleen,
and only desire to confound all things, hoping
that -ooh thing', they know not exactly v.hat,
might by chance result from the confusion, to
their politu al advantage.
YA c < annot conceive a definite object of their
movenn i ts. I’hey ( annot hope, by blustering,
to .alarm ih Government of the State into the
abandonment of its axvs •—Relu< tai t, as the
majority of our people v.ould be, to begin a
strit., they can and wid xv( II < etimd themselves
and the State, if tin minoiny become i-surgents
and m::k war.— Ihe < xhibilion ot violent on
tip.t vto such an Oath as that whic. heads
this article, will not < xcit- in us any distrust c
its propiiety, or in nv wise tend t its repeal.
Ihe vc'i tact ( I tin bitter repugnance of unv
large numbi rol < itizens to swearing fidelity t"
their Nate, is the ( cnionstratu n of the necessity
fi-r the ! ath’s < nai tment. 1» it not tin e for the
Mat' t<» require pledg s tronif hose who ask tu
be trusted with her (th< •s, when men calling
llietnsi Ive s I . r i nizi ns publu Iy express then
hatred of one ot the emblems of het sorei tignly'f
1 Lis has bi e r ( i>ne by one of ihe meetings in
Grei nxilb , w it a re-'olution was passed that
t.’.' .'l I 'll ‘ t I. ’■ - < i;l.|r , , rV(
| uno-1. fli . v.b-> wears th Palmetto
I he-P hnetto is Carolina’s emblem. The
Union Party, at :: < ir great t< stival in this City
planted i 1 ulmctto 1 re- as (-tie of the conspi
cuous dec* rations ot then B. ever. AA ere thev
f fisc hypoi rite- in prep ndrng to cherish it then
or do they n w acknowledge, that the Nullili'r.-
alone can appropriately we artlx t arulina badge
>o far trom t.‘;u pr sin! mg it as a part of the
Nate uniform I eing proscriptive, or the compel
lu.g ot the- Union men to wear the liverv • f the
dominant party ct the Mate, they ought to loot
upon it as a concession on our [art, t at th*
N ul.ifn rs are not the exclusive p.oprietois o
ev< rv « < arolmian, since their law divest:
th- I almu’t'j i f a'| part zan charav t»-r, bv provi
ding that ail our Militia tlail wear it.
VA hetln r the xt it- m< nt now getting up, sbal
subsioi e;r not, it is very certain ti nt the- Mat
authorities can pursue but in ee.urse, and tba
is, the . rodent mild, tut frm execution of th
, law. If they sbail bi resisted, lei the consc
: qw nee Le upon the head- of those who, again;
pubi c opinion at home, and against the publi
. opinion of the whole Union, refuse to at know 1-
1 C‘ 4, P5 and tbeir dutv to * ;-,0.
ii [ and their country s laws. W e say against pub-
- lie opinion in the rest of the Union, because no.
?, thing can be more absurd than for the agitators to
d flatter themselves, that m any conjuncture re
sulting from their contemplated resistance, they
ie ; can be regarded by the people of other States
o as mantyrs of principle. Similar and stronger
y Oaths are required in those States. The people
h here have only required what the people of the
r- other States have all along, without question or
- demur, been exacting of their officers—and if
d armed resistance be made', the whole Union
It would think the majority of Carolinians justifia
), ble, not only in aiding the constituted authori-
l, ties to subdue the malcontents, but also, if they »
ir deemed it advisable, to prevent bloodshed by
i so doing, in demanding of the Federal Execu
st tive to employ the forces of the Union to “sup
n press the insurrection.”
i-
e From the Washington News.
JUDGE CRAWFORD’S DECISION.
, 3 J\lr. Mercer.— The following case involves
!r principles of the most important nature ; the
decision of the court will be read with anxiety, 4
n and judged by those competent to decide, accor
_ ding to its merit.—You will therefoie confer a
favor by inserting it in your useful paper,
e EQUAL RIGHTS.
[ WILKES SUPERIOR COURT,
j February Term— lß3l.
< Jonathan Jewet, "j
- I
5 r.’, Debts.
/ Sims, AAhlliams & AA'oolsey, and |
• Chase Statham, Garmshee. J
The defendants having failed in business, as
' signed all their propiiety, debts, &c. to certain
■ creditors, to the exclusion of certain other cre-
1 ditors. The jilnntifl’is one of the excluded crc-
2 ditors. The debt of the Garnishee is contain
ed in the assignment, and by his deposition he
' admits that the garnishment had been served
' upon him before notice of the assignment, but
such notice was given before deposition, I*'or
’ the assignment it was contended that the pro
viso of the act of 1818 authorized the assign
-1 ment in this case. Cases decided in Massa
’ chusetts, New-York and Pennsylvania, were
’ relied upon to show that the assignment of an
3 equitable interest was protected in courts of law,
1 where notice the of assignment had been given.
It was admitted in ths course of the argument
r . hat an assignment of a c hose in action, notJc—
• ualiy negotiable, conveys only the equitable
interest in the thing transferred; the legal inter-
1 cst remaining in the original creditor. The act
of 1818, by its title, is confined in its application
to persons w ho fail in trade, &c.; it is to prevent
assignments by such persons to particular credi
tors to the exclusion of other creditors, that the g
' act was enacted, according to the title of the act. . 1
’ The preamble to the act does not pursue the
’ words of the act, and are more general in their
1 nature, as is also the body of the act. The j
1 term used, both in the preamble and the enact- I
mg clause, arc broad enough to embrace every 1
description of persons who roay be in debt and g
1 insolvent. I
Against the assignment, it is contended that *
1 the proviso is inconsistent with the body of the
' act, and is therefore void by the rules of con-
• i struction as defind and explained by Sir William
■: Black-tone. It was further contended against
r the assignment, that the legal interest in the
' , effects assigned never vested in the assignees,
until they were reduced to possession by volun-
J tary payment, or compulsory, by process of
laxv.
To the first point thus presented, the Court is
r i us opinion, that although the legal interest rc
‘ j mams in the assignor, yet a court of laxv will
? take notice of th9 equitable interest after notice
1 of the assignments. This principle was roeog
, nized more than thirty years ago, by the late
2 Judge AA altion, in the county of Richmond. In
, that case, tl e late Judge Carnes had a demand
? I for a negro woman, against one Garrett; he
j transferred this demand, which was an open
r account, to a third person, who notified Garrett
, of the transfer, and brought his action to recov-
P er the demand. After action xvas brought Gar
r. ntt mao' a settlement with Judge Carnes, and
a obtained his receipt in full of the demand, which
s receipt was offered in evidence upon the trial.
s Plaintiff’s cou; st I objcctce to the admissibility
_of the run ipt, as it bore date subsequent to no- ,
s tice of the transfer. The receipt was rejected
by the Court, which decided that there could be
. no doubt of the legal assignability of open ac
v cunts. The presiding Judge was present, and <
heard the de* ision, which nt the time, |>roduced j|
; s('ine surprise, but this Court has never under
c stood that the decision has been over-ruled. W
P* rhaps the term 1 gal assignability is incorrect, I
!. ■ but this Court holds that the assignment of open I
r acco nts possess the equitable interest, so as to 1
> ma! le the assignee to’•ecovcr the same in the —i
.j name of the assignor. I
t Upon the second objection the Court decides
thot the act us 1818, applies according to the J
> title, to persons failing in trade who, according a
e : to the title, are prevented from making assign* g
j meets in fiivor of some creditors to the cxclus- 1
ion ol others, which the act declares to be con- |
v trary to the principles of justice and Equity, So I
j far as the proviso max be made to apply to per— I
s sons failing in trade, il is deemed, held «nd tak- I
I ■ en to be mop* rativc. «||
e ; lhe ( ourt is therefore of opinion that tho £ 1
Plaintiff l.u'» a right to recover oi the Garmshee,-JM
e ' in this case.
[. Andri ws and ( handler for the Plaintiff in
tachmeM.
4 Cone and Thomas for the Assignees. i
ts a
l * False Hearts.— By these Ido nut mean tbo I
little smr.c umkets lacius sometim s wear 9
II churned around the neck. Oh no ! they are J
t tntirely different things, not confhned by chains Jk
at of geld, for n« bondscan hold them - I cannot
;e j tell the ct mposition of them, for like the winj -J
:- they are known only by their »fleets. I ha ve
.-t v.ondercd ho*? xvci .an-kind, from Helen to jzk S
ic za AA barton, have been able to keep from r .
I- j men this grand secret of their frecmasoo n __ fA
• irnn-.-.-I - art.— Galan. ’ 1