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THE CONSTITUTIONALIST.
JAMES GARDNER. JR.
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TWM— II '■in II 11 ■
The Death of Richard Hoary Wilde
BY A. B. M KtK.
The harp that sang “ the Summer Rose,”
In strains, so sweetly and -o well,
That, soft as dews at evening’s close.
The pure and liquid numbers fell,
L hushed and shuttered! now, no more
Its silvery chords their music pour 3
Hut. crushed by an untimely blow,
Both harp and flower in dust lie low !
The bard! —alas, I know him well!
A noble, generous, gentle heart,
Which, as his br ave hand struck the shell.
Poured feeling through the veins of Art.
What radiant beauty ’round his lyre !
Pure as his loved Italian lire !
He caught the sweetest beams of rhyme,—
The T asso of our Western clime ! ,
Nor this alone ; a loftier power.
That shone in halls of High Decree,
And swayed the feelings of the hour.
As summer winds, the rippled sea.
Bright eloquence: ! to him was given ;
The spark, the Prophet drew from Heaven! -
It touche 1 his lips with patriot flame,
And shed a halo ’round his name 1
A* late I saw. I see him now !
Ilis stalwart form, his graceful mien,
His long, white locks, his smiling brow,
His eyes benignant and serene !
How pleasant ’round the social hearth,
When listening to his tones of mirth !
What 1 essons of the good and true.
The brave, tbe beautiful, he drew !
Droop down thy willows, Southern land!
Thy bard, thine orator, is dead.
He sleeps wherf broad magnolias stand,
With “ Summer roses’’ o’er his head !
The lordly River, sweeping by,
Curves ’round his grave, with solemn sigh,
And, from yon twinkling orange stem.
The “Mock-Bird” pours his requiem !
Bard of the South ! —the “Summer Rose”
May perish with the “ Autumn leaf,”
The “ footprints left on Tampa's” shore*
May vanish with a date brief:
But thine shall be the •* life” of fame,
No winter winds can wreck thy name ;
And future minstrels shall rehearse
Thy virtues, in memorial verse !
[F/u/n the Athens Banner.l
Slavery in tho now Territories—The Law
ol Nations
We publish, from, the New York Globe, in 1
another column, an article which appeared ori
ginally in the New Orleans Delta, involving
the application of the principles of intern-ition- j
al law to the subject of slavery in the territo
ries, which will probably be annexed to our
domain, in consequence of tho war with Mex
ico. Coming as it does from a Southern press
conducted with great ability and located in
the heart of the slaveholding region, it is enti
tled to grave consideration, especially at a
juncture like the present.
Premising that “indemnity for the past and
aecurity for tho future,” are among the uni
versally acknowledged incidents of public
war, we proceed to remark that there are but
two methods of acquiring territory from other
nations.
Ist. Bv Conquest..
2nd. By Treaty.
These two principles of force or consent,
lie at the bottom of all change of ownership
in property, either public or private. As they
are essentially different in their nature, so the
consequences resulting from them are different.
Hence the necessity of treating them separ
ately.
And first , of acquisitions by conquest. The
article in the Delta is evidently treated upon
this basis, and assumes the position that as
slavery is forbidden throughout tho Mexican
states, should they become part of our domain,
the lex loci or state laws would prevail under
the law of nations, until altered by Congress.
We find this construction becoming very com
mon throughout the Union, judging from
leading journals, and we must admit that it is
even recognized by Mr. Dallas in his Pitts
burgh speech. We must also in candour ac
knowledge, that it has heretofore been the pre
vailing impression of our mind, to which to
have given expression on more than one oc
casion. Examination and reflection have how
ever, caused us to doubt our first impression.
Upon reference to a standard author (Vat
teTs Laws of Nations) we find the following
tales laid down in relation to “acquisitions
by war.”
“The conqueror who takes a town or province
from his enemy, cannot justly acquire over it
any other rights than such as belonged to the
sovereign against whom he has taken up arms.
War authorises him to possess himself of what
belonged to his enemy; if he deprives him of
the sovereignty of that town or province, ho
acquires it such as it is, with all its limitations
and modifleations.”— Vattei's Laics of Nations,
p. 357, paragraph 190, BookZ, ch. 13.
It was perhaps this rule which led to the
first opinion formed by us; and it is also prob
ably the foundation of that which is becoming
so general. The error consists in not distin
guishing between the territory of an enemy
(if wc may use the phrase) not “an integrant
part” of the nation, and that which is. For
immediately succeeding, the author says :
“Hitherto I evidently speak of a city or
country which is not simply an integrant part
of a nation, or which does not fully belong to
a sovereign, but over which that nation or that
sovereign has certain rights. If the conquer
ed town or province fully and perfectly con
stituted a part of the domain of a nation or
sovereign, in possession the same footing into
the power of the conqueror. Thenceforward,
united with the new state to which it belongs
—if it be a loser by the change, that is a mis
fortune which it must wholly impute to tlie
chance of war. Thus, if a town which made
part of a republic or a limited monarchy, au 1
enjoyed a right of sen lidg deputies to the su
premo council or the general assembly of tuc
states, be justly conquered by an absolute
monarch, she must never more think ot such
privileges; they are what tue constitution of
the new state to which she is annexed does nut
permit.' ”—rlb,
Still farther on he says;
“He (the conqueror ) may, in imitation of
the kings of France, unite and incorporate it
with his own dominions. —Such was the prac
tice of the Romans; but they did this in difl’er
ept modes according to cases :m.i conjunc
tures. At a time when Home stood In need
of au increase of population, she destroyed the
town, of Alba, which she feared to have as a
rival: but she received all its inhabitants with
in her walls, au I thereby gained so many new
citizens. In after times the cun juered c.tie?
were left standing, and the freedom of Home
11 a- M ven tc the vanquished LaUaV.tauls. \ ,c
! torv could not have proved so advantageous |
to those people as their deteat.”— Vattei’s Lairs j
of Nations, p. SOI paragraph 201, B. 3, Ch. 13. 1
Let us now apply tho above rules. The j
Mexican States are “integral parts” of the ;
"Bepublic" of Mexico, and if conquered may ;
be “thence far ward united with the nsic state to |
which they belong.
Again: "The conqueror may ixcohporate in
! (the conquest) with his own dominion';.”
We may then, as the Mexican States cunstl- |
j tuted “an integrant part” of the Mexican na- ■
tion, “unite” them, when conquered, to our
"state” or nation —we “may incorporate them j
with our dominions.” When so united or in- ■
corpurated, they become part and parcel ol 1
! our state —of our dominions —that is to say, of :
the territory of the linked States, The ques- ;
tion now presents itself, can they or will they '
be annexed in any other form than as territo- \
rins —territories of the United States? This
1 must be their character if annexed by conquest. \
I They must follow the law of the territories —in !
i fact the Wilmot Proviso, from which the ■
; question springs so styles them. If territories
I of the United States, and governed, of course,
by the laws which govern existing territories j
; not organized—the inquiry next arises, what ;
! are those laws? Are there any prohibitions ex
press or implied against taking slaves (proper
ty recognized by tho constitution) into such
territories? Clearly not. Both theory and
practice con firm the right.
Wc have been speaking of tbe first stag", or \
the one preceding organization. Let us now
contemplate the question in relation to these
-1 oond or organic state. When a bill s introduced
' in Congress to give the territory this form, the I
1 question comes up,has Congress the power eith- |
i er to introduce or prohibit slavery? The two povr
■ ers are co-relative —the one necessarily implies
! the other —it is so, generally concluded. Con
! grass can certainly have no power to impose
| slavery as a domestic relation upon those who
!do not desire it. This would be monstrous, i
The Restrictionist admit it. By parity ofrea- j
; sou, which defies contradiction, Congress has >
, no power to impose tho non-slaveholding sys- ;
I tern upon those who do not desire it. The \
| territories being the proj erty of the United j
i .States, wo must view them in their united I
1 character as it is respests slavery. What is
j that character? Clearly of a mixed nature —
| compounded of slaveholding and non-slave-,
holding states —of free and slave labor, with
i equal rights of introduction and settlement
j upon the common property (res communis) of
the Union. These are undoubtedly the true;
principles for the guidance of Congress, and
before the territory passes into the hands of i
the Territorial Legislature. The moment it
! falls into the custody of the latter, as there are
I no local constitutional limitations, it becomes
I sovereign in all cases not controlled by the
! constitution or laws of the Union. But we
have seen that Congrees, has no right to in
■ terferfere either one way or the other in a ques
i tion of slavery in the territories—and that the
' Constitution looks with equal regard upon the
respective social organizations of the different
states. The whole disposition of the subject
must then be with the Territoral Legislature.
Mr. Calhoun’s position which establishes
slavery in the teeth of the Territorial Legisla
ture, is absurd. The same argument would
exc'tide it against their will. In fact the two
I extremes of this question argue falsely, but
I in tho same manner and to different results.—
An unerring proof that both are wrong.
We have now looked at tbe territories in
; two of their stages, first, in their primary or
: unorganized state, and secondly, in their se
j coudary or organized form, with the laws pe
i culiar to each.
Let us now contemplate them in their third
j or transition character from territories to states.
When they reach this stage of their existence,
there are enthusiasms or fanatics who would pre
vent them from establishing slavery, by their
constitutions, preparatory to admission into
the family of states. But we do not know of
a single one belonging to the dcmocra ic party.
WiTnot himself is particularly cautious to con
cede the right. The New Yor/c Evening Post
j does the same; and we may look upon it is a
j settled point (among democrats) that on ap
i plving for admission there can be no restriction
as'to the domestic institution of slavery. Yet
the forms of government mu-t be “republican’ ’
by the federal constitution. Right at this
’point the Provisoists aro foundered by their
own admissions. A “ republican ” state is one
thing, and a “free” (non-slaveholding) state is
another. They admit a “republican’' state in
the souse of the constitution, may also be a
slaveholding state! and yet they shout “free
dom” (non-slaveholding) Ur Lie territories
In contemplating the powers of Congress
under the constitution, and of the conqueror
under the laws of nations, wc have spoken of
ti e mere naked right (just mervm facultatis ) as
contradistinguished from equity or conscience.
Law, in the only sense applicable to our ques
tion, is a rigorous rule upon which states may
insist with impunity from others, although its
exercise may be an abuse of liberty, condcmn
ied in the courts of conscience. The question
' has bean, not what tne conqueror should , bi.
what he may do—not what Congress ough* to
do, but what it cannot do, without violating
the external or rigorous rights of confederate
states.
Changing the aspect of the question, let us
examine closely into the nature of the power
! granted by the constitution to Congress, “to
dispose of and make all needful rules and rc
! gulations concerning the territory or other
: property of the United States.” Wo shall
j enter into no abstract disquisition whether
i the power to regulate the property of the Uni
j ted States in territories, include that ot estab
lishing, prohibiting, or modifying the domes
tic relations of their inhabitants. M c shall
rely more upon the reductio ad absurdum, to
reduce this castle of the Provisoists, from
which if beaten, there is no alternative but
i surrender.
We now ask whether, if this clause, (as
they say it does) confers on Congress the pow
er to prohibit slavery, done it not confer equal
ly the power to establish it? Wc desire an an
swer to'ihe question. Wc challenge these equa
ble and philosophic Proviso journals (especial
ly the New York Evening Post, and the Globe,
of that city) to combat in their chosen fields,
j Will they be pleased to enlighten us why
Congress cannot, under this clause, introduce,
or toelrate, as well as prohibit slavery in the
territories ? Clearly, if the power is operative
in the one case, it is in the other;for it covers the
whole field of legislation. But this would
prove too much for the Post, the Globe, and the
Provisoists. Should the slaveholding states,
availing themselves of the open field ofacqusi
tion to which they are invited beyond the
equator to 3C>i degrees South latitude, whilst
! their Northern eons • leratcs arc barred on the
North by the British and Russian power and
I posessions, and thus become the numerical
party in the ascendancy, (a thing at least with
i in the range ot possibility) and then retort the
power for the purpose of saddling slavery
upon territories averse to it, would not the
Provisoists be estopped- by the records How
J could they dare to open their mouths against
the converse of thier own proposition ? V* ould
they dare to flinch from “eathing the leek
which in the plenitude of their supposed pow
; er and actual numerical strength (seotionally
considered) they now thrust to our noses?
Wc have now done with acquisition of tcr
ritoi v bv conquest and the in idciits resulting
from it.
i The remaining point to be viewed, is aquisi
tiou by treaty. It is very certain that no treaty
can or will lie ratified by the Senate, nor will
anv b entered into by th* - present Kve utive
• .which does not regard the regions transferred
[ as territory of the united States —subject to the {
| laic of the existing territories. The two-thinls
i rale of ratification protects the slareholding
states, which number considerably over a
! third. If territory be acquired at all, it must
j in the nature of things come in under the gen
j oral law applicable to the territories. We
1 have seen that this law either excludes the ex- j
ercise of any power over the domestic relations !
of the inhabitants, or covers the whole field of I
legislation, introducing as well as prohibiting !
slavery. The Provisoists must take one horn '■
or the other of the dilemma. If the tirst, their
restriction falls to the ground. If the last, it
may gore them, and that deeply. Do they
1 set up for the infallible and the invulnerable?
: If they do, time may dissipate the delusion —
; the whole history and genius of our system
' laughs at them —and posterity will sanction
the ju-Uce of the sentence ‘-thou hast sown j
the wind and shalt reap the whirlwind.” Put
thebe-t way to treat this question is as apruc
! tical question. The short and the long of the
' whole matter is that slavery toil I eventually go
where it is needed—it will be excluded where it is ,
1 not. A great deal will depend on the geographi
j cal formation of the ne w Anglo-Mcxicau States.
| The Terra cilitnte of the Gulf coast, and the
: region of cotton, rice, tobacco and trypical
! fruits, will be cultivated by slaves—the table ;
lands by free labor. The domestic policy of
! these slates will be regulated bv the above
1 r-n ° *
physical laics. ihere is no political fiat of the
\ present which can overrule than. Our temporary
I struggles to alter the decrees of climate and
race, are not worth the breath and pa-sion ex
; pended upon them. They are worse than vain,
j Before concluding, we cannot forbear notic-
I ing some wild propositions or rather notions
of a democratic meeting in Hamilton county,
Ohio, approved by the Sew York Globe. —The
| Hamilton county meeting say ’-that territory
which may he acquired as a result of the war,
j is true territory; that under our constitution j
I of few and specific powers, Congress cannot
make it otherwise.” The truth is that Con
! gras can make it neither bond on fr.ee. That
; it is free territory at this time, no one doubts.
I That it will be when acquired is denied. It will
i be the common property of the States of the
Union, as light and air is of mankind, and all
may participate of it until its domestic rela
| tions are adjusted by the people of the ter
; ritory, though their accr. dited legislative
organ®. —What right have the North to say it
will be “free territory?" Has not the South an
equal right and as good reasons to affirm that
it will be “ slave territory'” The true character,
then of the territory, before local legislative
j action,will be neither the one or the other: but
: free admission to all with their property. But
: the Globe says, “the people have made it free.”
What people does the editor mean? The people
‘of the territoryf To at question is yet in the
womb of time. Hoes ho mean the people of the
\ United States? There is no such people, as an
aggregate, having the right to xulc. Finally,
as to the best method of adjusting this ques
tion, \ve remark, that if the democrats of toe
non-slaveholding states will come to Messrs
Dallas', Dickinson’s, and Ca«s' propositions,
leaving it to the territories, it is the true con
st'tiilional ground. If they will not, for the
sake of peace, of harmony, wo will meet them
on the Missounr Basis.
The best interests of the country demand
that wo should keep opkx this door of con
i ciliation. In a court of justi cwc agree with
! Mr. Dallas, there are no materials in the con
i stitution which may be “bent”—but in federal
council, we cannot subscribe to the maxim.
We find no difficulty in compromising constitu
tional question there. Independent of the
nature of a federal republic, which implies the
sovereign right of the members to judge of the
compact for themselves, and of course to ad
just all questions arising out of it, we have the
highest authority in Mr. Jefferson’s letter to
Mr. Cartwright, where, in speaking of con
stitutional questions (“questionable ground”)
he says:
••In cases of little importance or urgency,
the prudence of both parties will keep them
aloof from the questionable ground; but if it
can neither be avoided or c l-ipromised, a con
vention of the states must be called, to ascribe
the doubtful power to that department which
they may think best.”
We pretend to no infallibility—wc construe
the compact for ourselves—but we arc willing
to concede the same right to others in this
j case. If we differ honestly as brethren, why
not settle our disputes as brethren, by mutually
abating our extreme pretensions, and meeting
ion middle ground? So did our fathers before
I us in forming the constitution— so have we
I done in three striking instances since—and so
. we should do again, if necessary, for the pre
servation of the democratic party and the
■ UNION.
[ Correspondence of the Baltimore Sun ]
Washington, Jan. 17, 1313.
Trial of the Generals —Report from the Patent
Odice —An exciting Debate anticipated in the
j House —The President’s Refusal, <y-.
Whilst Congress seems to be disposed cith
er to refuse the supplies or to delay tue ap
propriations to the latest possible period, the
; different branches of the government are vy
; ing with each other in the discharge of their
respective duties. The report of the Honora
ble Edmund Burke, the able and erudite Com
, j mission?!’ of Patents, will furnish the most
powerful proof of the physicial, moral and in
i tellectual devclopements of our people, and
from the mass of information which it will
contain, will rank by the side of Mr. Walker’s,
to which it nearest approaches, and be a most
■ valuable supplement to tho same. It will con
tain, among other interesting subjects, the
| probable wants of Europe in the shape of pro
i duce, her supplies from all countries on the
j triobc —the cost of production of produce here
i compared with that of other countries, and
hence our superior means of supplies—a trea
tise on wool-growing, by Charles Fleischman,
who was sent abroad by the Commission
ers for this purpose—our internal trade, im
provements in agriculture, and the various
branches of mechanic arts, manufactures, &c.
The report will contain from 600 to 700 pages,
and I will endeavor to furnish you early with
copious extracts.
Brig. Gen. Bierce, of N. 11., arrived yester
day from Charleston, S. C., and intends leav
ing here for the North cither to-morrow or the
day after. The debate which is to take place
on Tuesday next, on the message of the Presi
dent, refusing to communicate the instruc
tions given to Mr. Slidell, and other matters
relative to our negotiations with Mexico, is the
leading topic of the day. We shall see wheth
er the opposition is able to make out a case
against "the President, remembering, all the
time, that the communication he refuses to
make is not intended only for the people of
this country, but for Mexico and the rest of
mankind.
. p. S. As many gentlemen here are anxious
to know who is likely to succeed Mr. Apple
; i ton in the Chief Clerkship of the Navy De
partment, I feel bound to state for all whom it
may concern, that Mr. Appleton’s place will
. be filled by Dr. Young, of "V a., a gentleman
I and a scholar, and in every way qualified for
. | the appointment. Mr. Appleton will render
• : eminent service in the State Department, (he
i is qualified for any office in any department,)
i barring always a direct mission to Mexico,
which would ncitner suit his taste nor his
substantial business habits.
I see that some of the Mississippi papers are
- out for the three D’s, Dallas , Davis and De
[ //tocraey. The rumor is, that Mr. Dallas has
been nominated for the Presidency by the Dc
: | mocratio Convention of that State, and that
General Quitman was nominated with him as |
Vice President. X*
( Reported for the Sac aim A Republican.]
Supreme Court of Georgia for Ist District-
AT SAVANNAH, JANUARY TERM, 1848.
DC, Levy & Mose- S. Cohen, ) Assumpsit a-
Security on Ap'i, P.ff. in error, j gainst Deft, in
vs. > cri’or as en-
Solomon Cohen, Def't. in error, j dorser of u pro
from Chatham Superior Court.) mis’y uo f e.
Held by the Court, that where a note is en
dorsed in Georgia for discount in Charleston
at a Bank, the latter proposing to take the
note with defendant's name and a Charleston
endorsement, such first endorsement is a Geor
gia contract, so far as to allow defendant to
avail himself of the provisions of the act of
1831, and to require the holder to sue the
maker within three months, or that on failure
to do so, such endorser is discharged. De
positing such endorsement in the Post Office
at Savannah in a letter directed to the Bank
at Charleston, is a consummation of the con
tract, so far as such endorser is concerned. —
j And even though such note should not have
legal vitality until it reached Charleston, when
it obtained such vitality, it would refer back
I to Georgia, where such endorsement was made.
The question as to where a contract is to be
executed, is under the evidence a question of
; fact for the jury.
Where the bill of exceptions docs not show
that the non-residence of the maker in the
jurisdiction where the holder resided, was
made a question before the Court below, such
question cannot be raised in the assignment of
errors nor argued before the appellate Court.
Judgment of Court below affirmed.
William Law for Plt’fF. in error.
If. M Charlton and M. 11. McAllister for
Def’t. in error.
James Taylor, )
Plaintiff in Error, J Libel—diction in C’rt
vs. ( below in arrest nf
The State of Georgia, ( Judgment *nd for new
Defendant in Error, I T/iul.
From Chat’m Sup. Court. J
Where a defendant is charged with express
ing, printing and publishing a libel, which ap
pears on the face of the indictment to have
been signed by a third person, it is not neces
sary to charge in the indictment that such li
bel purported to have been signed by such
third person.
In an indictment for libel, it need not be ex
pressly charged that the libellous matter was
“of and concerning” the prosecutor, if there
are equivalent words.
Where a witness for the prosecution, on the
direct examination, proves the publication of
the libel by defendant, it is not ground of er
ror that such libel is read to the jury before
the defence is permitted to cross-examine the
witness to the fact of publication. The more
regular practice is to permit such cross-e.xarn
inaatiou before the libel is read.
Judgment of Court below affirmed.
Edward J. Harden, for Plaintiff in error.
M. 11, McAllister, lor Defendant in error.
Charles Spalding, Plaintiff in error')
vs. !
Ann Grigg, Defendant in error. j toner.
From Mclntosh Superior Court. J
A'paper under seal which vests an imme
diate interest in the grantee, cannot be testa
mentary. Nor is the rule varied, where from
parol evidence offered to explain grantor’s
possession, it is shown that such possession
was to continue until grantor’s death.
A proviso in a deed that a grantee “after the
said three slaves shall come into her possession
will pay to each of said slaves the sum of two
dollars per month, during their natural lives,”
even if a part of the deed, is a charge upon
the grantee and not upon the slaves or their
labor, and therefore is not obnoxious to the
several acts against manumission.
It is not error in the Court below to charge
a jury that declarations of grantor, in order to
constitute adverse possession against grantee,
must be brought home to the knowledge ol
the latter, where the evidence shows a case of
bailment between the two.
Judgment of the Court below affirmed.
Robert M. Charlton, for Plantiffin error.
E.lward J. Harden, for Defendant in error.
James Moody, )
Plaintiff in Error, j Mandamus to compel a
vs - I Surveyor to certify to
lion. W. B. Fleming, f survey of his Depu-
Defendant in Error, j ty.
F’m Liberty Sup. Crt. J
In this case the petition to the Court below'
showed that the relator claimed to have a sur
vey under head rights of land certified, the
same land having been already granted under
a survey made by the surveyor of an adjoin
-1 ing county, there being no charge that such
| oliginal survey was fraudulently made or such
| grant obtained by fraud.
Held that the Court below did not err in re
fusing to grant a Mandamus to the surveyor
of the county where the land lay, to certify
such second survey, and in deciding that such
land was not vacant land.
Judgment, of the Court below affirmed.
William B. Gaulden, for Plaintiff in error.
Mayor and Aldermen'l , . ,
’ , . Mandamus to compel
ot bavannau, 8c Com- ...... '
. , 1 taint 1 ns in Lrror
miss is of Pilotage— , ■
. .. ° to appoint Commis-
Plaintiffs in Lrror, - . . ,
;■ sloners to run a line
“V S • j n t ,7
rr , for iv/iarvss on tne
TUOMAs GRLEN, j ' ? . /
- , . - .. shore of Hutehiu-
Defcndant in Error. , p, ,
T „ r,, ~ a n> 4. son s Island.
I m Chatham fcup. C rt. J
The Act of 1841, entitled “ An Act to make
permanent the water line for certain wharves
on the shore of Hutchinson’s Island, in the
Savannah River, opposite the city of Savan
nah, and for appointing commissioners to car
ry tho same into effect” is constitutional.
Held further that said act was not permissive,
but mandatory to the Plaintiffs in error to ap
point commissioners to run the line.
Held also that the duty enjoined by said
act to appoint commissioners was not such a
trust as might be declined, but a part of the
official duty of Plaintiffs in error.
Judgment of Court below’ affirmed.
John E. Ward and Wm, Law, for Plaintiff
in error.
R. M. Charlton, for Defendant in error.
Walter S. & Ronaldo P. 'j
Dudley, Plaintiffs in eiror | Dm for specific ds .
Horace M.vllert & AVife, |
i Defendants in error. (
From Effing’m Sup. C’rt. j
Held that a paper conveying a particular
estate to certain persons with a reversion to
the grantor after determination of the paxticu
• lar estate, and a disposition in the same paper
■ of that reversion to take effect after the death
of the grantor —said paper is a deed as to the
particular estate, and a Will as to the disposi
i 4.
tion of the reversion.
Judgment of the Court below affirmed.
John W. Owens and li. M. Charlton, far
Plaintiffs in error.
Henry & Ward, far Defendants in error.
(Conclusion to-morrow. )
Expensive and Cheap Religion,—The fel
i lowing immense sums have been admitted by
, the reverend fathers of the English Church to
i be their Yearly incomes:
The Archbishop of Canterbury, £23,000:
: Archbishop ofY*ork, £14,550; Bishop of Lon
don, £14,550, and terraces of noble houses are
T rising up on every portion of his property,
which will ultimately raise his income tc
l £109,000; Bishop of Durham, 22,000; Bishop
jof Asaph, £3,650; Six other Bishop# enjoy
: incomes w hich average upwards of $3,600.
Mr. Horsman stated in Parliament, that
2,000 clergymen of the same church received
less than £IOO each; and he knew some who
had only £SO, and some as low as £5. Many
of the working clergy were suffering privations,
such as have never been heard ot in civilized
communities; and some of them were obliged
to a-k charity, and to borrow a coat to be able
1 to perform their duties.
Post Office Robbery.— We learn from the
Bangor (Me.) Whig, that a younghnan by the
name of Charles E. Leighton, has been arrest
ed in that city,charged with robbing the Post
Office. Draits were found in his possession to
the amount of $2,400, and he subsequently
confessed that he had taken various letters
from the Fust Office boxes, one of which con
tained between two and three hundred dol
lars.
Arrest ok a Fugitive.—A man by the
name of Daniel Fetier, Jr., lias been brought by i
the police from New Orleans to New York,on a
requisition from Governor Young, on a charge |
of obtaining a bill of dry goods, amounting to
SO,OOO from Mr. John A. Underwood, of Pearl ;
street. He was committed to prison in default
of bail.
Melt a little isinglass in spirits of wine, add
ing thereto about a fifth part of water, and j
using a gentle heat; when perfectly melted
and mixed, it will form a transparent glue,
which will unite glass so fast that the fracture
will be hardly perceived.
i An Irish Compliment. — A lovely g ; rl was
bending her head over a rose-tree which a lady
was purchasing from an Irish basket woman
i in Covent Garden market, when the woman j
1 looking kindly at the young beauty, said, I t
axes yer pardon young lady, but if it is pleas
ing to yc. I’d thank ye to keep your cheek
away from that rose; ye’ll put the lady out of
con.sait with the color of her flowers.”
51 «gits ta, ocor 3i a .
3IT J JDAy' MORNING, JAIL 22.
We copy from the Chronicle k Sentinel of the
’ 20th iust. a portion of its comments on the
1 last resolution of the three offered by Mr. I
; llannegan.
The following is the resolution :
Resolved, That it may become necessary |
and proper, as it is within the constitutional
capacity of this Government, for the United
States to hold Mexico as a territorial appen
dage, or the condition of a province.
Wc see nothing very shocking even to a
*
constructionist of the strictest sect in this reso
lution. Mexico should be made fully to un
derstand that this is the doctrine held by the
American people.
The comments which arrested our attention
are as follows, and are more immediately in
; reference to the statement of a correspondent
; of the N. O. Commercial Times, that to sta
tion 80,000 to 100,000 men in Mexico to hold
it in military possession until our laws, cus
i toms and institutions shoul I spread over it,
i would be, in the opinion of a majority of our
officers in that country', the best policy' that
t could be adopted.
“We have one hundred thousand men
’ too lazy to work, who are ambitious of fonn
i ing an “ Army of Occupation in Mexico,” to
■ be fed and clothed at the expense of the pro
; during classes in this country for a few years,
1 and then return to fill all offices of honor and
; ; profit. This is the system marked out by the
> ; union of demagogues, would-be-officers, an I
, not a few who now belong to the army. Fight- ,
i ing in Mexico and governing the people at
f I home, are hold to be the double duty of all j
j military chieftains. No matter how great t e i
i civil service and capacity of an American cit
izen may' he, no matter h.o\v sound his learn
ing, integrity' and politic-, if he has not par
ticipated in the bombardment of cities, in the
wholesale slaughter of his fellow men, his
t claim to civil promotion will be nothing in the
> United States for the next quarter oi a oen
i tury.”
j The sneer at the “ one hundred thousand
1 men too lazy to work" comes wdth a bad grace
after the brilliant evidences given by our gal
> hint armies, that we have men both regulars
' and volunteers who are willing to work, when
’ their country needs their services. It is a very
, comfortable thing perhaps to sit by a warm
| fire and indite squibs against our noble and
- brave soldierv, and to assert that “fighting
i . . JO
in Mexico and governing the peo i lo at home
i are held to be the double duty' of all military'
chieftains.” This, too, comes from a Whig
print. What party is trying to foist a milita
• ry chieftain into the Presidency? We think
1 that the Chronicle, without intending it, has
given rather a hard hit to its own friends.
They have shown themselves rather more
? keen after availability candidates among mili
? tary chieftains than the Democrats.
Supreme Court
; £j|p' Tho trial of Beach, Williams and Miller,
; we understand, will take place this day'.
'Theatre-
The good old Comedy of “ The Soldier’s
Daughter,” is to be produced This Evening,
! and from the cast, will no’doubt give general
satisfaction. Mr. Bass and Mrs. Ward both
I appear in this piece.
The laughable afterpiece of “ The Attorney
at Law” is to be repeated, in which Mr. Bass
also appears. Ho is a sterling actor, and should
f draw a good house.
Mile. Vallee, also appears in two of her fa
i voritc Dances. She is one of the most grace
ful danseus that we have seen on the Augusta
boards for many years.
Our Force-
According to the official reports, we have
| now in commission 5 ships of the line. 1 ra
j zee, 4 frigates, 13 sloops, 6 brigs, 11 schoon
. ers, 4 bomb gun-vessels, 1 ordnance transport,
r 12 steamers, 6 store-ships—total 63. Vessels
i in ordinary, November, 1847, I ship of the
line, 8 frigates, 10 sloops of war, 2 steamers —
j total 21.
The official estimates for the naval service
r the coming year amount to over tea millions,
; beside six millions for the marine corps.
Methodist Conference,
The South Carolina Annual Conference of
- the Methodist Episcopal Church, which has
3 been meeting at Wilmington, X. C., adjourn
ed on Monday', The Advocate states that
: there was an increase reported in the amount
* of membership. The mb sionary collections
e reached nearly $15,000, and SII,OOO were ap-
c ’ propriated for the colored missions, under the
- car** of the Conference.
? i
[ From our Correspondent .]
SOU 1 HERN PATRIOT- EXTRA,,)
Fkiday, 9i A. M. \
By Telegraph
[For the Petersburg Intelligencer.]
THE NEWS BY THE CAMBRIA.
The Cambria arrived on Tuesday.
Parliament had adjourned over till after the
holidays.
Cotton is firm. Prices declined and again
rallied, and the market became steady. Stock
light.
Flour —The finer sorts have advanced fully
one shilling.
The bullion in the Bank of England is
twelve and a quarter millions. The Bank has
reduced its interest to 5 per cent.
Corn —A slight advance has taken place—
from Ito 2 shillings per qr. General aspects
favorable-
Several failures have taken place, among
them Messrs. Sands, Liverpool, Colesworth;
Pryor and Howard Daran and McKenz.
Wheat. —lias improved 2 to 3 shilling*
per 70 lbs.
Meal—lo shillings per lb.
Kice. —2-3 a 23s Gd.
Another Despatch.
MORE OF THE CAMBRIA'S NEWS.
Baltimoue, Jan. 19, 7 P. M.
American Flour in Liverpool is quoted at
27 to 30 shillings per bbl. White Corn is
quoted at 355. 6d. to 38s. per qr.
Louisiana Cotton is quoted at sid, SJ,
; Cd, G-id, and 7£d. Upland ut 4£d, a 4-id, 4|d r
6d. to s\, the lowest prices within three
I eights ever known,
Philadelphia, Jan. 19 —4 30 P. M.
J. W. Hornbeek, member of Congress from
1 Pennsylvania, died at Allowtown on Sunday
last.
The markets, generally, are w ithout change
in any particular.
The Foreign news has produced no marked
change. The market is nominally as before.
The Northern Telegraph is out of order.
Dy Telegraph.
[Reported fur the Constitutionalist ]
CONGRESSIONAL.
Washington, Jan. 19.
IX SENATE.
After some unimportant business, none of
sufficient importance to telegraph, the Ten
Regiment Bill was taken up, and Mr. Foote
addressed the Senate in support of the bill,
| the war, and the war measures of the admin
istration. He did not conclude, as he was
’ frequently interrupted by questions from
other Senators and incidental conversations
and explanations arising therefrom. The de
bate was interesting and the galleries crowded.
Mr. Mangum submitted resolutions asking
the President to state whether Order No. S7S
bv Gen. Scott, was from instructions from the
War Department, and if so to communicat#
the same, and any opinions of Gen. Scott on
the bill as to the military means necessary to
carry the same into effect. Laid over.
Mr. Ashly submitted a resolution concern
ing the manner in which the public printing
was done, and whether according to contract
and correctly.
'ilic Senate then adjourned,
MOUSE OF REPRESENTATIVES.
Mr. Gayle o Tered a resolution calling on
the Post M i-ter General for instructions giv
en to the Post Master at Mobile relative to
postages by steamboats in the employ of Gov
c ament, which was adopted.
Mr. Buts reported the bill from the Senate
to provide clothing for the volunteers, which
! was passed.
Mr. Burt reported a bill to increase the ef
ficiency of the regular corps of the army—to
provide for disabled soldiers, and to found a
military assylum for invalid soldiers, which
I was read twice.
i Mr. Sevier reported a bill to amend the .set
making appropriations for the naval servico f*r
the present fiscal year, which was read twice,
Mr, Stanton introduced a bill for the relief
{ of certain forward warrant officers of the nary.
1 Read twice,
Mr. Farrclly introduced a bill to amend the
act for the promotion of useful arts. Read
twice,
Mr. Vinton, from the Committee of Way*
and Means, reported a bill authorizing a loan
o $18,500,000, which was read twice and re
ferred to the Committee of the Whole on'the
state of the Union,
j On motion of Mr. Brodhead, the House
then went into Committee of the Whole, and
took up the President’s annual Message. Mr.
| Tuck addressed the Committee, and w'as fol-
I lowed by Messrs. McLean, Tompkins, and Hall
of Missouri. The debate was an exciting
ono, and the galleries were crowded. The
right of the President to withhold inform&t
tion relative to the war, by the imperative re
solution of the House, was the chief and ex
citing of discussion. After Mr. Hall
had concluded his speech, the Commute*
rose, and the House adjourned.
A New Invention for Making: Bricks*
Jonathan W. Ward, of Cambridge, Mass,*
a practical brick-maker, has invented a ma«
chine for making bricks, which will work more
wonders in cheapening the price of that essen
tial item in Building. The Boston Post says::
—‘Ttis simple in its construction, is not lia
ble to get out of repair, costs but little, and
has been pronounced by practical brick-ma
kers to be the best machine for the purpose
j that has been invented. It will turn out twen
ty-five thousand bricks a day, and the inven
tor warrants it to answer fully the expecta
tions of the most sanguine.
Exports of Bread Stuffs
During the past year, the exports of Bread
stuffs shipped from the United States, is said
to have reached the enormous sum of $53,-
202,437.
The amount of specie exported from New
York last week was $252,500; by the Patrick
Henry to Liverpool $107,600; Washington.
’ j London, $140,000; Splendid, Havre, $5,00i0.
The total since Istinst. is $996,996.
The New York Tribune say-s—The Free
Banks continue to retire their circulation rap
idly, by returning it to the Comptroller’s of-'