Newspaper Page Text
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COLUMBUS, GEORGIA”
WBt)JFtESDAY MORNING, FEB. 7,
The McTmons and the Government.
Those incorrigible scamps, the V\ ashmgton letter
writers, have done no little to disseminate false views
of thOijrui'posfcs of the leaders of lire church of lustier
Day Saints. They have represented the people as dis
affected and disloyal ; the Governor as defiant and dis
obedient, and fully bcgt on establishing an independent
Kingdom beyond the Rocky Mountains. And to give
color to these accusations, they have reiterated the
chargo until it bargained currency, that Governor
Young has refused to account to the Federal Authori
ties for $20,000 dt posited in his hands for the erection
of public buildings in the Territory, as well as to trans
mit to Congress a transcript of the proceedings of the
Territorial Legislature.
It turns out that all these charges are untrue; that 1
in spite of their persecutions, the Mormon people are
loyal ; that the Governor has transmitted to the Sec
retary of the Treasury a full account of the expendi
ture of the public money, and that the failure of lire
authorities to send a copy of the proceedings of the
Territorial Legislature to Congress was owing to the
negligence of the Secretary of State, who is an appoin*
* tee of the President. These facts are fully set forth in
a letter, which has been published in the Washington
Sentinel, f;om John Reinhisel, the Delegate from
the Territory of Utah to the Congress of the United
States.
Ties state of things relieves this Mormon question
of many of its most embarrassing features. Still the
glaring and deplorable fact remains that the Mormon
Church allows, and the Mormon Saints practice, the
detestable vice of Polygamy ; and that the Federal
Government, in consequence of a want of Constitutional
power over the subject, has no right to regulate this
domestic institution. In a very short time the State of
Utah, will, in all probability, apply to Congress for ad
mission into tlie Union. Then the question will arise ;
has Congress the power to reject her application ?
The provision of the Constitution upon this point is
very loose, and is in these words :
“New States may be admitted by the C ingress into
this Union. ’ Ait, 4. Sec. 3.
A careless reader would infer, from this language,
that the question of the admission of a State into the
Union was referred, by the Constitution, to the discre
tion of Congress. The Republican fathers have, how
ever, held u different doctrine*. Territorial govern
ments are unknown to the Constitution, and have been
established for the protection of life and property, from
the necessity of the ease j but all concede that, so
Boon as a Territory has acquired the usual amount of
wealth and population, the people, residing therein, have
a right to set up it government for themselves, “laying
its foundations on such principles, and organ zing its pow
ers in such form as to thorn shall seem most likely
to effect their safety and happiness.” The Constitution
confers upon Congress no power to interfere with the do
mestic policy of ,i State, except to guarantee “a Republi -
can form of Government. ’’
Now if the people of the Territory of Utah should
exercise this right, so clearly established by the foun
ders <>f the Republic, it would not lie in the mouths of
their descendants to resist them. Congress must,
therefore, either admit them into the Union or recognise
them as an independent and foreign state, which is
“’holy inadmissible. We, therefore, conclude, that
“may ’ in the 3d sec. 4th article of the constitution,
under certain circumstances, means “must and that
when Utah applies for admission, she must bo permit
ted to come in upon a perfect equality with the other
States, with, lull power to regulate her domestic affairs
as to her mav seem best.
However repugnant it may be to the balance of the
States to associate with the polygamists of Utah, this
alternative is preferable to having an independent State
in the heart of the Republio ; or to giving Congress
the power to interfere with the domestic concerns of
the States ; or of denying to a people, capable of self
government, the exercise of those rights which are de
clared to be “inalienable” by the fathers of the Repub
lic in our immortal Declaration of Independence.
Senator Witeon and his Friends.
The election of General Wilson to the Senate of the
United States by the ivnow Nothings of Massachusetts,
makes it important to know his opinions and the opinions
of his friends on the subject of slavery.
On the 18th u!t., the members of the so called
American party, met in caucus “for the purpose of con
sulting upon tlie question of United States Senator.”
The following extracts from the pioceedinga are taken
from the Boston Telegraph :
Mr. Prince, of Essex, “spoke strongly in favor of
General Wilson’s election, and depreciated any yielding
to the South, upon the question.”
Mr. Williams, born in Virginia, nursed by a slave,
and had slaveholding relatives; was formerly a pro
slavery man, but the fugitive slave bill and the Nebraska
bill had wrought an alteration in him. “What we
want in the South is to raise up the poor white man
there, and not to play in the hands of the slaveholders.”
Mr. Warren, of Suffolk, “agreed with General Wil
son, on slavery ; if wo put up an anti-Nebraska man
Gen. Wilson will withdraw, if not, he will remain in
the field and get all the votes he can.”
Jonathan Pierce, the head of the order of Ivnow
Nothings, spoke next. “It had been said that this free
sod movement would eat us up j I doubt i l, for we are
all freesoi!ets.‘ >>
J. Q. A. Griffin, of Charlestown. “There was as
much need of the American party before last year as dur
ing that year. It it had not been for the passage of that
infamous Nebraska-bid; and the utter meanness of
Pierce’s national administration, the revolution would
not have speedily taken place, though it might have
come in time. Ha watted a man right on this ques
tion—thf one now prominent, (slavery) worthy to stand
by the side of Charles Stunner.”
Senator Pidsbury, of Hampden, said: “No man
from his sectfim could have come here if he had been
only an Ameneln. It was because the party was anti
slavery, as well as American, that it has got the ma
jority.’’
It these proofs are not sufficient to convince thcSootheru
people that the of Know Nothings at the North b
antagon Stic to Southern interests, then may we s; y.
“they will not believe, though one lose from the dead.”
Rut that we may stand blameless on this momentous
question, wo follow the example of scripture and give
“line upon line, precept upon precept ? here a little and
there a little.”
Rare and Beautiful Plants.— Mr. Marc, of Long
Island, N. Y., has arrived in town and offers fur sale
a large collection of rare and beautiful plants, fruit trees
and dowers. Sec his advertisement.
Troup and LaFayette.
■When the Marquis de LaFayette visited the United
States, George M. Troup was Governor of Georgia.—
lie received him at Savannah, and, surrounded by his ,
aids aud an immense fconcourse of people, conducted
him to the capital, where admirers of the nation's guest j
had congregated to do him honor from every jxtrt of j
the State. At the dinner given in his honor, tables ,
were spread on the campus on the east of the capito!—
Governor Troup presiding with LaFayette upon his 1
right hand and his son on his left hand. At the con
clusion of the feast, it was announe *d that the Governor
would give a toast; silence reigned supreme, when Troup
arose and in a stentorian voice, which reached the cx
tremest verge of the vast multitude, said :
“A union of all hearts to honor the nation’s guest ; a
union of all beads to promote the country’s good.”
We doubt if tie visit of LaFayettee, which called
out so many good tilings, produced any thing equal to
this toast of the Governor of Georgia.
*2> —O*—
Henry Wilson. —Henry Wilson has been elected to
the United States Senate, from Massachusetts. 110
takes the place vacated by Edward Everett, and now
occupied, by gubernatorial appointment, by Julius Rock
well. Henry Wilson is a native of New Hampshire, j
and is about 40 years of age. lie went to Massachu
setts in 1830, poor and friendless. lie worked for a
I time as a journeyman shoemaker, at Natick, devoted
; his leisure hours to study, became a politician, and took ;
| the “stump” in 1810 for Gen. Harrison, and was known i
jas the “Natick shoemaker.” In that campaign lie was
elected to the Legislature. In 1544 he was elected to
the State Senate, aud again in 1845. In 1543, bo was
a delegate to the National Convention, voted from first
to last for Daniel Webster, and, after Gen. Taylor’s
nomination, he withdrew from the convention, returned
to Massachusetts and acted against Taylor, aided in Van
Boren’s nomination, became the editor of the Boston
Republican , and the leader of the free soil party in that
Stats. In the coalition of 1850, between the demo
. erats and free soilers, lie was elected to tho Senate,
made President of that body for two years, gave up his
paper, and returned to tbs shoe trade. In 1853 he
was elected a member of the constitutional convention,
was an active member, and, for two years, was the
free soil candidate for Governor. Since then he has
joined die Know Nothings, and is now a member of
the United States Senate, and will hold his seat till the
4th of March, 1859.
-
From Washington.
Washington, Feb, 2.
Passage of the Naval Retired Bill. —The Senate to
day passed tho Naval Retired fist. The bill gives re
tired captains SI,BOO per annum ; commanders $1,200 ;
and lieutenants $750.
Washington, Feb. 2.—The Senate has adjourned until
Monday.
The Peak Family. —This celebrated company of
vocalists will give musical entertainments at Concert
llall on Wednesday and Thursday evenings. They
i have been very successful in Charleston, Augusta and
other southern cities. By reference to their pro
| gramme it will be seen that they offei a varied and at
■ tractive bill of fare.
Party vs. Country. —Some two weeks ago (says the
Wilkes Republican) Mr. Stephens, a Georgian, pronounced
the most eloquent and triumphant vindication ofthe S< mil
that has been heard for years upon the floor of Congress,
and not a democratic paper in his own State has deigned to
give it a place in its columns.
We clip the above from the editorial columns of the
Columbus Enquirer. In tlie sth verse of the 7th
chapter of Matthew it is written :
“Thou hypocrite, first cast out the beam out of thine
own eye ; and then shall thou see clearly to cast out the
mote out of thy brother’s eye.”
Now, we have published large extracts from Mr.
Stephens’ very able speed), “whereas, said paper has
not alluded to the speech , by copying or otherwise,
that we are aware of.” Out of thine own mouth will l
condemn thee, &o.
Know Nothing Victory. —William 11. Goodwin,
Know Nothing, has been elected to the New York
State Senate, from tho twenty-ninth district, over
Loomis, the Seward coalition candidate. The Rev.
Mr. Goodwin takes the seat vacated by Governor Clark.
Compared with last November, the result is as follows :
Majority against Ullman, Nov., 1554, 1,823
Majority for Goodwin, Jan., 1855, 2,000
Know Nothing gain in two counties in 3 months, 3,823
The Albany Patriot.— lvir. John W. Wolfs has
been associated with Nelson Tift, Esq., as junior eciior
and partner of this startling Democratic paper. We
welcome Mr. Wolfe to the State and district.
E. H. English has been elected chief justice of the
Arkansas Supreme Court, in place of Geo. C. Watkins,
resigned. Judge English ranks high in his profession.
Isaac 11. Thabus, Esq , of Ilawesville, is announced
as a candidate for Congress in the second district of
Kentucky.
Mr. Meagher's Lecture. —The lion. W. D. Porter,
as agent and representative of the Ladies’ Calhoun
Monument Association, has duly acknowledged tlie
receipt of $550, of the proceeds of ticket salts for trie
recent lecture of Thomas Francis Meager, Esq. We
understand that ail tiie gentlemen who were charged
with tickets have not yet been heard from, so that tiie
amount realized may yet bo increased. The sum above
reported, however, is a public donation that will be
gratefully remembered.— Charleston Courier.
Fatal Railroad Disaster. — Portland. Jan. 29, 1855.
The morning train from this city for Bath and Augusta,
ran off the track this morning about three miles from
Preeumsooth river, in Falmouth. The engine was
precipitated down an embankment into a small stream,
carrying the engineer, Mr. Small, and the fireman, Mr.
Ames, with it. Mr. Small was fastened beneath the
engine and was drowned, while Mr. Ames was instantly
killed. The passengers escaped uninjured. The engine
had just been placed upon tlie road.
Fugitives.—On Saturday 27th u!t.,a serious stampede
of slaves occurred in Richmond. Five Hkeiy and valu
able slaves made off to parts unknown, one of them
taking SISOO of his master's money with him.
Ji-Nics IIiLTiYER. —This gentleman announces through
t;io Lilian ms intention ot retiring from public life at
the close of his present term of service in Congress.
He v. ii! possibly be succeeded by Howell Cobb.
~v “, *3r
->luscoGne Building and Loan Association.— At
the monthly meeting of this Association on the 3d inst.,
§4,000 were sold at 61 1 2, §I.OOO at 61. and S2OO at
53 per cent premium.
r
I)ehlh of Miss Milford. —The steamer brings in
telligence of the death of Alary Russell Milford*’, the
favorite and gifted author. The sad event took place
in the village, of SwallowfieU, England, on the 10th ult.
She was born in I*B9.
v 1
Michigan and Slavery. —The Senate of Michigan,
which contains a majority of “fusionists, ’ aas instructed
tlie Senators in Congress from that State to vote ior tlie
Te-peal of the fugitive slave law, and for a Jaw to prohibit
slavery in any of the and especially Kansas
and Nebraska.
Know Nothing Nomination in New Hampshire. —
Manchester, Jan. 39, 1855.-—The Know Nothings of
New Hampshire have nominated in State convention
to-day Ralph Metcalf, of Newport, as their candidate
for Governor. ■
Washington Correspondence.
Washington, Jan, 30,1855.
The Soft Shells of New York in Washington—What arc
they Doing!
People here are somewhat puzzled to know the object
of the visit of the sott siieli phalanx to this city. The
whole force, horn Gov. Seymour down to the lowest sub
altern, are here. What’s in the wind? What appointments
I are to be made! What bills to be lobbied through! There
aie here, now, all arriving about the same time, as if order
ed in for some “special purpose, Ex-Gov. Seymour and
suit, John Cochrane,Lorenzo B. Shepard, Samuel J. Til
den, CCapt. Byriders baa also been here, but left a few days
| ago,) Isaac V. Fowler, and twenty or thirty others oi'the
I followers and retainers of these man. Can it be that this is
! a settling down at the capital to be on tho look out for the
mission to France when Mr. Mason’s successor is appoint
ed.’ or can these men have an interest in the French Spo
liation bill, and are they here to give the President his cue
in his action upon it? It is rumored that the President in
tends vetoing this bill. At ail events this soft shell migra
tion from New York to the capital has a suspicious look
about it, and excites much speculation here. Gov. Sey
mour has said he would not go to trance if appointed by
the President. Are his friends here trying to persuade him
to change his mind?
Dreadful Casualty in a Prison.
Philadelphia, Jan. 31, 1855.
Owing to a defect in the furnace for heating the Pdoy
amensing prison, the gas escaped from the air chambers
and filled ihe upper tier of cells. This morning, twenty
oi the prisoners were found overcome by tho-effects of the
noisome atmosphere. One of the prisoners, John IJvder,
has since died: the rest, with the exception of three, have
recovered. Hopes are entertained that the rest will recov
er. Thev had stopped up the venlillators in their ceils,
winch caused the effects upon them.
Ecitth Carolina Railroad.
From the annual report of tho President of this company
we make the i oil owing extract, showing the business of the
Road for the year ending 31st Dec. 1851.
The income for the year from passage, freight, mails,
&c., was $1,363,008.18
And the expenses of management, ordinary
and extraordinary, equal to 42 12-100 per
cent 574,146.13
The remainder 783,862.05
Alter providing for the interest ot; the foreign
and domestic debt, and to; claims for dam
ages, &c., say 206,234.2(5
And leaving as nett income 532.627.79
Has afforded two semi annual dividends, of 41
per cent, each amounting to 333,837.00
And transferred a balance of. 251,790.79
For the year to the credit of surplus’ income, being an
excess ol $99,198.1-i-100 over the balance curried from the
legitimate business ofthe year previous, which, upon refer
ence, will be seen was 815.2,532 61 100.
—
The Kinney Expedition in full Blast.
Washinton, Feb. 1, 1855.
The rumor that the President will issue a proclamation
prohibiting the departure ofthe Kinney Expedition is with
out iouadation. The. report, it is reported, originated with
Mr. C-ushing, who is said to bo largely interested in the.
Transit company, fvlr. .Marey still endorses the enter
prise.—New York Herald.
The Pacific Rail Road Project.
New Orleans, Jan. 31.
An expedition is being organized hereby the govern
ment for the purpose of securing further information relative
to a railroad route to the Pacilie. Capt. Pope, with’a force
of 150 troops, is to proceed to Lanos de E-teeado to ascer
tain whether water is obtainable there by means ol artesian
wells.
Florida Indians.
The Tampa Herald learns from Capt. Casey, late from
Fort Myers, that the few remaining savages, ora majority
of them, manifest an invincible determination not to accede
to the proposition lor their peaceable removal, beyond the
limits of the State. A considerable Lumber of the party
averse to this step, were in a* tendance at Fort Mycrs,man
ifesting much excitement and solicitude to know what the
concentration of troops at that point meant.
■ -VS- —
Counterfeit SSO Bill.
| We were yesterday shown a counterfeit of a fifty dollar
j bill on the Branch at Augusta ofthe Bank of tlie State of
Georgia, which was stopped at the Branch Bank here,
where it was offered for payment.
It was passed upon a citizen of Sumter county, ia this
State, as lie states, by a Kentucky horse drover.
The bill is defective in many particulars, but a neat
enough imitationTo deceive a careless person. It bears dam
October 19,1349, and payable to bearer, and is signed by
A. Porter, Cashier, R. B. Gumming, President. ‘The vig
nette i- a female holding a cleaver, ia her right hand, her
left resting in her Jap--at her feet a sheaf of wheat and a
scythe, in ihe distance a locomotive ctossing a stone
| bridge over a stream. Tiie plate is not artistically execu
ted
We are requested to state that there are no bills issued
by the State Bank with such a vignette. VVe believe there
!is such a one on $290 bills of the Bank of Augusta. All
the bills ofthe denomination of SSO, payable at the branch
here, are payable to G. M. Newton, John Phinzv, Samuel
Hale, or bearer. Mr. A. Porter was not cashier of the
Stale Bank in 1849, nor is there such a person as R. B.
thumming. Mr. Geo. B. Camming was some years ago
President of the Bank, but Mr. A. Porter is piow President,
and Mr. L K Tent, cashier. They have hold their offices
respectively for about six years.— Constitutionalist 6; Re
public, 3d inst.
A New Element in the New Hampshire Co.YesD
Tim opposition t> the Democracy in Now Hampshire
is nurkod by anew element, which shows the tlespera
ton with which the warfare is being waged. A “rover*
end and colored gentleman’’ has been brought into the
State, and is lecturing on “the awful perils awaiting the
country from slavery and Popery.” A correspondent of
the New Hampshire Patriot gives the substance of h's
speech in Cone *rd in these words: “New, frens, ies so
Luges de people ’tinue to.codntcium.ee deni good fo’ nui
h;i foreigners, jes so long we poor colored pussocs, IM.-issa
Fogg, and do whole -liberty party, will be/>i’ no account.”
Ihe editor oi the xNtw Ilamj shire Patriot comments on
this new movement of t!to opposition as follows :
A w hear ot tins black slanderer in various towns in
tins vicinity, and all accounts agree that his lectures are
made up ot coarse blackguardism of the President ‘and
‘-he democratic party, and r diculous nonsense in regard
to negroes and foreigners. A correspondent at Pembroke
infer ms us ttiat in that town “he indulged in a shameful I
attacK upon the morals and intelligence of Nov Hamp
shire people in general, and Franklin P erce in pnic.uiar.
Hav-ng received the applause of a few leading whigs and
abolitionists for this service rendered them, he next pto
cet-ded to amuse himself with a rigmarole of vi.ujx ra
tion aiair.st Catholics, and wound up by expatiating upon
the iuieileetnal capacity of negroes, and wishing success
la die Know Nothings.” %And our correspondent .adds
that ‘it was the most ridVnlous display of thick-lipped clo.-
ttjut-nge that'ever < xhauste.i the patience oi an enlightened
and (hat, if the enemies of the democracy tx
pet to rep any advantage ‘rom the vain babbling of such
ail illiterate blackguard, they will find that they have
made a great misaike.”
Capt. Sun eon Hicks, the last of the Aa evienns wh >
were hi the battle of Bemiaglon, and ed in Sunderland, Vt.,
on Wednesday, the 21th uit., oged nicety nine years, five
months and two days.
Issue of Stobk by she Kinney Expedition Company. — j
It is stated'that the stock of Kinney’s expedition company
has been issued. The share of Col Kinney, as command- j
er-in-chief and Governor General of its dominions, is said j
to be 1*2,000 shares, ofthe value of $25 each. The whole j
number of shares is 200,000, representing an aggregate cap* j
ital of five millions of dollars.
— ijr Ss” ®- J ” j
EdScation in California. —There are in the State of
California 160 public schools, with f 214 teachers. 4he j
year previous to the last thepe were but 53 schools and 55 .
teachers. ■*
Death of Mr. Maury* — Washington, JAb. 2,~ Mr.
Maury, Ex-Mayor of tics city, it dead.
~*ar> <&■—-
New York U. 8. Senator. —New York, Feb. 2.
The Legislative Whig Caucus lias nominated Mr. Sew- j
nrd as U. S. Senate r.
Wisconsin U. S. Senator. —Milwaukee, Feb. I. Ihs j
(Black) Republicans of this Stale have nominated Charles j
Datkre for U. S. Senator.
-
Casualty to the Cars. —On Wednesday evening, tne j
Express train ran off the track about twelve miles avail :
town, tearing np the iron and timbers for some distance, j
and making a clean wreck of the locomo ive, tender and :
a portion of the train. We learn that several heavy tim- i
bers passed through tho baggage ear, completely detnol- i
ishitig it. The passenger cars escaped. A despatch was !
sent down the rea l to the depot and an extra tia n soon 1
reached tlie scone of disaster, arid brought the pass- rigors |
and mail in. The engineer an 1 fireman were slightly in- ,
jured.
The mode of telegraphic communication was some- !
what curious. An operator, who was on the train, cut
the wires, ami by reps or manipulations from the end, con
trived to send a despatch to the office tu this city, ihe
replies, he received by applying tho end to ins tongue.- -
In this way, several messages were accurately sent and
received.— A:a. Journal , 2 d inst.
Federal Treasury. —The United States Treasurer reports
the net. amount in tho Tretk-uryfon the 29th ult., as twenty
one million nine hundred and twelve thousand seven hun
dred and six dollars.
Florida Bank Bonds. —The joint British and American
Cos in mission.sitting in London for the adjudication of claims,
have n j acted the claims ofthe Florida Bank bond holders—
that i-, tho bonds issued by the Bunks of the Territory ot
Florida—deciding that the holders must look to the tanks
aioue for payment.
Senator Atchison. —The chances for the re-election of
Senator Atchison are brightening. News has reached
Washington that six oi the Whigs ofthe Missouri Legisla
ture had gone over to him in the last ballot heard from.
More Territory. —lt is said that General Gadsden, cur
Minister to Mexico, has been negotiating for still greater
territorial acquisitions,to accommodate tiie Southern Pacific
railroad, including tho whole of Chihuahua Sonora and
Lower Califorui a.
A street preacher has appeared in St. Louis, (M 0.,) pro
claiming that he is Joe Smith the prophet, raised from the
dead.
Examination of Gray. —The examination of Gray for
the attempted killing of Moody, last week, was postponed
oft Friday, owing to absence of witnesses. Moody still
lies in a critical state, though there are strong hopes of
h's recovery. It may be well to remark that the pr soner
is Ransom Gray, recently of Girard, and not Mr. Gray
weii known in tins city. — Ala. Journal, sth.
--
The lire in New Orleans. — New Orleans, Feb. 2.
—The loss by the fire last night is estimated at $125,009.
It is covered by insurance.
Court House Burnt. —Philadelphia, Feb. 2. - The
Court House at Freehold, Monmouth county, New Jer
sey, was burnt this morning. The,surrounding buildings
escaped.
Broke Jail. —The jail oi Fayette county was broken !
open, on Tuesday night last, aud Scab, in Mayfield,e m
rnitted for murder, and William Reed, confined on a
charge if larceny from the house, made their escape.
Oak Tress in Paris. — Workmen, it is said, are now
engaged in planting the quay oi the Tuileries in Paris with
oak trees of from twenty-five to thirty years growth, re
moved with all their roots, by means of a plan lately in
troduced into France frcm England.
A negro preacher referring to the judgment day in his ,
sermon, said, “Bredren and sisters,'in dat day de Lord shall j
divvide de sheep iiom de goals, and bress de Lord, we i
knows who wears de wool!”
From the Columbus Enquirer.
Minute of Points
Decided by the Supremo Court of Georgia, ;,t Colarr*.-
bus, J.muiry Term, 1855 :
Mercer vs the Slate —from Stewart.
1. A question being put to a Juror by the State and
not objected to ut the time by the and. ‘. iidaiit, and alter
verdict put in for ground of new trial, is not a decision.;
subject to review, and the objection, if , ay, is waived.
2. Instructions to the Jury must be taken as a whole
and if the court should charge that confessions when ti e.. - ,
iy made arc the highest evidence, and are to be weighed 1
as Other evidence —such a charge is not erroneous if no
modification is requested.
3. Though the evidence may show that the prisoner
was drunk when tho act Was committed—though such
drunkenness was excessive—yet anew trial will not be !
granted by this Court
4. A juror, though lie has formed and expressed an
opinion hypothetically, and is not put on his voir dire is
stiff competent.
5. Alter a verdict, a Jury cannot impeach the verdict.
1 ucker, tor Tiff. Sui. Geu’i Ramsey and B. K. liar- j
risen, for Deft.
Robin ■ v on vs Bunks —'Torn Muscogee.
1. An execution issued in favor oi a witness, on n sub
pcena from the Supeiior Court, cannot be levied on real
estate. 2. On an issue made as to the attendance of a
witness tne execution issued on certificate is jirima feeie
evidence of the fact, subject, to be rebutted.
3. A witness is not bound to wait for a determination
of the cause to obtain his compensation for attendance!
4 Where n witness has been summoned by the same
defendant in several suits, the plaintiffs being different’
persons, in the and fferent suits, the witness may legally
charge for attteiidanee in each case.
5. It is tne duty of a witness to know every direction 1
given by the court in relation to the cause in which he is I
summoned—and if the court announced that the ease |!
would uo'jbe tried with n a stated period, such witness can i
not charge for ills attendance during that period, ivht-liier
he heard the announcement or not.
Ingram & Crawford, for PHF. Dougherty for Deft.
Keaton vs Stoddard —Tom Dougherty,
The evidence in tiie record as transmitted is insufficient
to sustain the judgment and the cause lvmanded.
Morgan for IMF. Lyon cc Clutk, fi r Deri.
Mahone vs Central Bank.
1. A brtl in Equity, filed by one who a’ledges that he
was the third end user on a Bill of Exchange discounted
at the Central Bank, and that said bill was diawn in blank,
and the name of the first endorser was erased by the as
sent of the Bank, ana he bee line the acceptor, and asking
for ad seovery, contains Equity.
2. The Statute of Limitations in an action t-y the Cen
tral Bank is not a good defence.
3. On a bill of exchange held by the Bonk demand and
notice are net necessary to eh ;rge endorsor.
,4. Stahness of demand in this case is not an ecus table
bar.
5. Where no notice is given by a creditor to an admin
istrator within the times preserlltu by law, and such Ad- ‘
minlstratpr administers the c-stu.te in part, he is liable only
to the (Xtcnt of assets in hand a; the- eo/hmeuceuijeni (if
the suit; bectum*, by the Act of 170$, a defet due the
public is r quirt and to be paid in a certain order.
Dili & Jones, for ivlahone. Johnson & Sloan for C'en
traißank. .. ‘ ;
Terry vs. The State —from Muscogee.
It a specific charge is requested by a prisoner, and if there I
i.c sny tact or iae-t- in evidence to which such charge is an- ‘
piieaoie, a refusal to give if is error in the court. ° !
rJmt Gen ii Pr^n loues , P-Dowfriiny, for the Slate, I
v> efidotty Hon. & ftJeDougald/ for Terry.
Choate's Last. —As Rufus Choate w.*s cross qu; -Toni* a
witness the other day in one oi the L s: .n Couim, he avktd
him what profession he followed lor a livelihood ? 4! e
witness replied, *T ;m a candle of the Lr-vd —a r:: i.isterof
the Gospd.” “Os what denomination ?” asked the toun
. sell r. *‘A Baptist,” rep’icd tlie xvitiuss. “Then,” s f<l
Mr. Oh*. ate, “you fife a dipt, buj, I trust net a wick-e 1
candle.
—
Clerical Punning. —At a meeting of clergymen, iv t
long save, a reverend gentleman by the name of Loss, of
dirftetfeions semewi at extended, hath laterally and alti
tudiOJdly, presented hhiis-. if. Frys one of tho brethren to
| him: “ When you Itii your p‘ople you were a g. p t
I Loss.*’ “Yes,” said another, “but when he dies he will
ibo no Loss.” “Yes,” stud a third, “lio will boa dead
j Lo-s.”
; CS~-
I A few evc-oinrs Since a widow, who was known bv the
to be greatly in want .of a husband, was pray
| ing witiPgreat fervency. ‘Oh! thou knewest what is
I the desire of my lc hvff'T sho exclaimed. “A m-a id”
1 responded aJeroiher, in a broad accent. It was wicked,
| but we are quite sure that several members smiled cu
; the occasion.
Kansas Etc clion .-r-*IV ivato lettersVate that the the
|t on of-nit-mbers of tin- Kansas Log's’at ure will take piaee
• noun the 23d of Mjyvh.
| ‘ —*wLj|* ■bsS> <EiV
! The Slava ‘Trade ia New York —Experience of a
Slaver.
Captain Smith, cf the Julia Moulton, has been tried
j and found guilty of being engaged in Ihe African Slave
1 trade, and is now a prisoner in the Tombs, New York,
! undergoing the penalty of the law. Os course, there is
a very great curiesdly among the pseudo-pious to see
and tails to this monster, and to such extent is this freak
carried that they are in a good way of making him as
■atnous as the redoubtable Captain John Smith, of colo
nial celebrity, YkojCaptuin is by no means repentant;
lie tells life own story, “not like a criminal making u
confession” says one of his gapirg biographers, “but
rather with the freedom and pride of an old soldier
relating his battles.’’’ Tin sc confcsAmrs arc caucus
and entertaining, but chiefly instructive in that they
expose she In poera y of the North, which, like Concha
is “the great enemy of the slave trade—in words.:’’
! we copy from the Evangelist:
i ‘ New York,” says Captain Smith, “is the chiefnoitin tho ,
. | world for tlv slave traded’ He repeated two ot three times,
['ll is the gi cutest plate in ihs nniverSQ for it ! Neither
in Cuba nor in the iff u nis i- it carried .on so extensively.
Ships that convey slaves to the West Indies and Souili
America-are fitted oat- iroju the United Stales. Now aid
then one sails from ThiiadeJ;kia ; more from Baltimore,
but most of all from New York. This is our headquarters.’
Mv vessel wSgffiy- brig‘Julia Moulton. I got her in Boston,
and brought hernere. and sailed from this port direct to the
const of Atrica.’* “But do you mean to say that this busi
ness is going oa now l” “Yes. ail tho whi’e. Not so
many vessels have been sent cut this year—perhaps not
over twenty. But last year there wore piJbah]y ;hu ty -five.”
! “Are there large shipping-houses engaged in it ?” “Yes,
i I can go down to South street, ami go ;n!e a number of
| houses that help to fit out ships ior the business. 1 don’t
know how tar they own the vessels or receive the profits of
; the cargoes. I had rather not have American owners ; I
I prefer Spaniards or Portuguese. But these houses know all
. about it. They know me. They see mo sail out of port
! with a ship, and comeback a passenger. They sometimes
; ask me, ‘Captain, where is your ship?’ [With a shrug]
They know wfiat lias become oi her, When a ca:go of
! slaves is landed, the vessel isohen destroyed, not to be a
witness against her officers and crew.”
“But how do you manage to get away without exciting
suspicion “Why, you see, we keep- close, and get every
thing a boa and, and do not ask- our papers until we are just
ready to sail. Then we go to the custom house, and take
I out papers for Rio Janeiro, St. Helena, Cape de. Verde is
j lands, or any port you please—it don’t matter where—and
iutanl]y clear.”
“But if you were seized at that moment, could the officers
tell, by searching tire sh p„ that she was a slaver !”
“Ob, yes, they couldn't, help knowing. Besides, they
must suspect something from, seeing rueh an almighty
crew. My little biig carried ..but 2i 9 tons, and could he
! manned by four men. Ret i ITd fourteen before the must,
j The momei tof leaving port is tne one of danger. But we
don’t lose time. A stennfler is kept ready.,-s.nd we get under
weigh immediately. Oiteirkwo or three slavers lrave at
once. We steam down the bay, and over the bar, and then
the ocean is before us, and we set our eour.- e for any quarter
won lease.”
“But when you reach the African coast, are you not in
great danger iron) British ships of-war i”
“Oh, no, we don’t care Iqy the English squadron. We
run up the American ’flag, and if they come on board all we
have to do is to show our A meric all papers, and they have
no right to search us. f ; c*ihey growl and grumble and go
off a gain.”
i “That may do very well when yon are going in empty,
j But suppose you are coining out with a cargo of slaves on
! board?”
“Even then we get along well enough, if tlie niggers will
; keep quiet. We put iheui ail beMow deck and nail down
our hatches, and then present our papers. The officers
have no right logo below. Tlie only dauger in this case i ,
that they will stay on fcomd.too long. They often suspect
the tru’.h, atfid hang about tb; an hour or two. By this time
! the niggers ate Stiffed, and begin to make a noise. Then
: the tiring is out, and they seize the ship.”
’‘After that Leupposeycu are punished.”
“Oil, no, we generally get off. You see, aa we ere
Americans, they njust bring us to an American port to be
tried. But if they'run die ; hip into port along the coast,
they get one pound a head for every recaptured slave. Bo*
they generaily-pvtffer to let its go, and get their prize
money.” * W
“flow many slay os could you carry on your vessel ?”
“Wetook on bc>ard’664. We might have stowed away
800. 11 the had been going to the Brazils we should have
taken that number, bite would carry 159 with plcasu.e.
The boys and women wo kept 0:1 tho upper deck. But ail
the : trong men —those grant A-ricaua that might make us
trouble—we put below Oh the slave deck.” “Did you
chain them, or put on handcuffs p “No, never; they would
die. We let them move about.” “Are you very severe
with them I* “Wo have to be pretty strict at first—lor a
week or so— to make them feel that we are masters. Then
we lighten up for the re ; t of the voyage ”
“How do you pa-.-k them at night V’ “They lay down
upon the deck, on their side?, body to body. There would
not bo’room enough for ail to lie on their backs.”
“Did many’ dio.cn tlie pa-age?” “Yes, I lost a good
many the last c.uisc—more than ever before. Sometimes
we find them dead when we go below i.i the morning.—
Then we throw thcm'pverb.rard.”
“Are the profit -of the trade very large V* “My brig cost
613,090 to tit her eut ci mpEteiy. My last cargo to Cuba
was wortn 0229/00.’ But ii was seized by the iatc captain
general, Pc-zueia. He did more to break up Uie- slave trade
than any one el.ee. if he had remained in office he would
have stopped it a beget her. But now Concha is back again,
and it goi s as ‘nourishing ad ever.”
“But i thought Concha was the great enemy of the slave
trade.” ‘ Sr, In* is—r> wnre-t He i.-.:;,-, n trw.t Hadl hut
! trade.’’ ‘So lie is—in words lie iaiku a great deal, but
Pc-zaela acted. From tone immemorial, the planters cs
! t-ite ha - been sacred. But Pezutla m-peetsi nothirg. He
j seized the negroes wherever'he could find them, even on
! the plantation-;. By thishe incuned die enmity of the piau
| tore ; and he would piobabiy have been assassinated ii be
had not been recalled.”
“Did you ever have fights with the English ships V*
“Yes, once a ship of war chased two of us. We knocked
ihe sticks out of her. We didn’t stop to look after toe
dean. At 1 was captures. It vva- a dead
: calm, and there 1 was no chance to get away. When I kiw
j that we. were gone, I went below- and stove every eu k of
water but one. Theother ship was short, too. So we-lutd
! both to pm into tiidibnd to get water. They put on hoaid
:ofus a lieutenant at. 4 crew. But he did not know th-
I coast, and, a- we dniw towards land, he had to make me
pilot, threatening, at'the. same time, to shoot me if 1 ran
her on shore. I toolyh* helm, and ran her into an inlet.
■>o swoner had we passed the mouth than we raw:on the
bapks the bat raccoons ot the slave factors. They all knew
me, and boats put off from snore. Tfife lieutenant hailed
them an English, ana told them to keep oil*. At the time
time I hailed Uieiajn SpauTh, and n id them the. vemel
vvas and pizc. hat Bight they cau.e oh in force and reca -
tureci her. \ve put the lieyteaant afcd his men into a boat,
q.n j sem mem an rift, while i went down the coast and to; k
in a cargo of Htfes, and carried them shieiv across'he
ocean. *- ”
‘ Wliy, captain, this must bo exciting basinet.”
, ’ ei T 3 hashed site as ho replied, “It’s spEndid It
msKes-a man jump to think of it! To be cuttibg aw ay at
toe rale ot_ eleven knots an h< air, with, a ship in chase, and
warning ngnt away irom her!”
‘i hat instant we saw in the prisoner the rover of the seas,
agatn standing on his deck, With the huge hull oi a sbm ot
vvyj ]ooni:iig abf)Ve theEoiiz&n.
“But how diu yon got caught at last l”
“ flF 1 ‘Tate bet.-ayed me. I never liked jhe man. He
was scared. He hud no heart. Von gee,it fake-- a Iran of
a P°- : bd-ilur constitution to engage in our bn-moss Wk a
ouce at sea with a slave cargo, we are in free bottoms
v> e belong to no country. We are under the protection -f
t o law. We must deienu oui selves. A man mast ha ve a