University of South Carolina Libraries
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"" U8T OF CASKS |
Decided in the Constitutional Court of 8. Carolina ,
ut Columbia, J\Vt?. 'iVriN, 1819.
THOM AITnEVII.LK OISTHIOT.
Joseph I I curst fit. James Findloy? Motion for
nonsuit or new trial granted.
John Spcnce v*. Benjamin Houston? Motion
to reverse decree discharged.
Wllsou Kennedy v*. John Campbell? New
Benjamin Glover ad*. Charles Goodwin?
?Postponed for consideration.
Charles C. Ashdux adv. Jacob Gray ? Motion
for nonsuit withdrawn.
William Jenkins rx. John Thomas ? Motion
for new trial discharged.
Executor of Benjamin Boyd r<. Jos. Boyd?
New trial refused.
William Cotney a tlx. Obadiah Johns.and others
? New trial refinicd.
Samuel Duval I vs. ?Samuel Tmnkins ? New
Thomas I*. Martin i*s. George M'Murphey ?
G. and S. Lindalierger en. Henry Rousseau ?
Motion -to set aside judgment & reinstate uuuse
The Treasurer vs. Samuel. W. Yongue ? non
Keuheu S. Sanders v*. Daniel Palmer and K.
Nance ? Motion for new trial discharged.
Alexander Kim-aid vs. Win. Hailord? Settled.
Shepperd Pucket and wife im. Austin F. Peay
?New trial granted.
Fit Oil I.AL mjNS.
John Croddoch rs. Joseph Reynolds? Motion
for new trial1 refused.
Ann Steele r*. Win. Ward, ct al.? Motion to
set aim! * nonsuit refused.
Micaj.ih Martin ailp. Adui'rs. Bowers ? Motion
ill arrest of judgment refused.
Samuel Hoffmun t*s. David 'Sharp? New trial
THOM M \ 11 1 ON.
Kx'r. of France* Port I'.s. neiijamin T)avi??
Motion for new trial discharged.
James ('rir-'iv, l?v his next friend, vs. James
Dostuick ? Motion for new trial and an arrest of
rnoM m a it i. no it o I'd it.
John Hariier mis. John Miles? Motion for new
' rnoM sr.wni'.unv.
Frederick Counts ads. Juhn Harman ? Former
ruoM on ASOKRVKC.
George M' Michael v*. Murgaret Inabnit ?
Motion to reverse decree refuseif.
Tim. Barton wl*. Grave* ? Nonsuit ordered.
George M'Mi< huc.l r*. Margaret lnahinct?
Motion to net aside granted.
ritOM I'KN OI.KTOK.
Burtson nth. Bmun Miller ? Motion for new
Kli/a Dinkins, administratrix of John Din
VciitM nils. Wade Hampton? -Motion for new trial
John Hughes vs. Wade Hampton? New
trial granted. *
William Mavrant r*. Luther, Smith ? Motion
for new trial dfschargcd.
Daniel Norton vs. Micajah Ward? Motion for
new trial discharged.
Commissioners of the* Treasury vs. Isham
Moore ? New trial granted.
YIIOH ?SPAIIT ANOUIIO.
I?owis Brown ad*. Win. Rush, jun. ? Motion
to set aside verdict and for a new trial discharged.
Titus G. Farr ad?. Win. Humniingway? Mo
tlon to reverse decree, granted.
K7.ekiel Farmer v*. Baker and Leach? New
J. W. Darter, commissioner in equity, w?. ex
ecutors of Thomas B. Hunt? Motion to *ut aside
Jame* Miirlin vh. Wm. Howie? Motion 1o net
aVtde nonsuit. granted.
Mnnili Kvans vh. Adm'r. of Thomas Knox?
('art v to take nothing by. his motion to revorM'
I.emtii'1 Steel v*. Adn?V?. James Bteel-? New
Cnwn ilrciitnl in Hit' H. ('. CanHtuf JrrF.Ji.\,at
('uhnithin, ?\W, Term, IK13.
V II O M I'.OtllKKi
IVrtdy (JariM'r i*?. I.euis Hallard? Dccree af
Executor* ??f Joseph High vh. John ?
Klea/.er Lei; i'm. IteOhen Stark? Docreo af
Itartwell Macon, ndminirftrator of Wm. Ca?
|?m>. and other*, rv. Win. I'. Ilrown?Dccretal
order of Circuit Court reversed.
KIIOM W 'AHIIINftTOy.
John Klli? p*. Stephen Shell and wifo^? Decree
nfllf mcd. *
Claihornn Clifton, administrator of Jane Anne
Camplndl vh. Kxecutor* of iluitr? Kxecirtor* of
Wmp, and Cluirlc* Williamson and other*? -De
Catharine Throewit* vh. Idwclliug Three.
Jamert Alexander and Frederick Walker v*.
KxemtorMf?f Joseph Walker? Decree affirmed.?
JCa*r ordered to lie Kent down to th? Court .be
low, to di.fei mine the <|iie*tion of interest accru
ing sincc the dccroe of the Circuit Court.j
ON THE KMPM)YMKNT8 0? A^ltlCULTUUE. .
'V ? bv am mxnw? wutu.
41 Hippy tlie man, whoie wish and ewe
A few paternal ncre* bound,
Content to brtatlto hU native sir, ,
In hit own ground.
VTIiok hcnla witli milk,w)MMc RcWUwilb bread.
Whose Hock? ?npply liiut with attire i
Wl?o*e tree* in summer yield bint shade,
In Winter Arc." corn.
In the United 8tat?s the grcfti body of (lie peo
ple nre cultivators of the ground ? 'all the other
citizens bear but n very oiunll proportion in utiut*
bet- to these. This too will prpbaolv be the atate
of thinga for ninny ages to come j for the cheap,
new and inexhaustible plentiness of luntl and
the consequent deariu'ss of labor* will in nil like*
lihood. prevent Tor a long lime the extensive e
stablishmeut of manufactures, The inhabitants
of the eastern and mitltlle states generally culti
vate their own land, and are lords of the soil ;
nnil no circumstance can be more favorable to
the support of freedom ami independence. J.
dleness, with it* train of destructive vices, can
never contaminate this body of men, generally }
extravagance and -dissipation can never poison
the great mass of them. Home farmers will btf
idle, extr; znnt uud dissipated, but these will bear
u very small proportion to thr. whole number. In
the common course of things there will always
be among them tenfold more industry than idle
ness, tenfold more instances of saving econoinv
than of waste and tuinous extravagance.
The tluilv occupations of farmers give them n
peculiar hardiness of body, ami mind, and ren
der them more capable than others of sustaining
the fatigues and braving the danger* of warfare^
Hclng owner* of the soil, they have much more
interest at stake in time of invasion, than those
whose property is moveable, ami can be easily
transported from one country to another. At
thy same time the) are led by their interest to
wish for peace wiili all foreign nntions, and for
nuietocssand order at home. ' It can never be for
their interest to leave their farms and turn sol
diers, unless imperious necessity should call ;
and it would be equally contrary to their'incliua
tious. . Therefore, they would* !>e unwilling to
engage in any but a necessary war % and in such
a w nr. a war of invasion on the part of the ene
my, they would not fail to bear a hand, they
would be the lirst to engage ami the last to yield*
For these reasons, together with others that are
obvious, the farmers are the great bulwark of the
country $ and if our national independence and
republican institutions fchould be preserved and
perpetuated (and God grant they may be !) it
would be principally by means of the substantial
yeomanry, a body of men the most incorruptible,
the most brave aiid hardy, the urnst attached to
their country, and infinitely the most numerous.
Our farmers at the present day have advan
tages much superior to those enjoyed ill preced
ing ages, tii-eat improvements have beon made
in agriculture, and these improvement* arc still
progressing. Great imprnvtmontshave .also been
made iu roads \ no thnt it *ja much -easier carry
ing produce to market than it woaformerljA
Public worship and village school* are attended
with more ease, social Intercourse is promoted,
(Hid friends ant) neighbours are brought, a* ll
were, Higher to one toother ) for if by reasonof
better roads, tlto travel of 10 tnila# ]a as easy
now aa that of 5 miles was formerly* it la in ef
fect the aatne as if the local distance were shor
tened in thin proportion* ' -
Aa ** agriculture liaa been ranked, among the
niost useful and honorable employments by every
civili/.ed nation,1' and has been encouraged by
every wise government ; so it ordinarily affords
a greater share of contentment and happiness
than, nerhapx, any other calling of life. As it is
favorable to morals, so is it also favorable to
health ami strength of body. Kfcercise in tl*?
open air gives an appetite and makes food deli
cious ? 'I he labouring forme? |?as more pleasure
in food, as well as more enjoyibent from sleep,
than any idle epienre ever yet tasted, lie in
hales from his (Velds pleasant, salubrious ami in
vigorating perfumes. Itis eyes ate delighted
while beholding his flocks and herds, ami the
progressive grow th of his plants and vegetables.
When he has rendered a barren soil fertile* by
industry and skill, or when lie has made a por
tion of wilderness M blossom like the rrise, lie
rejoices in the works of his hands t his heart is
cheered with an innocent ami rational satisfac
Industrious, thriving farmers ore more iudc
pendent than almost any other men. The nier*
chant lies at the mercy of the winds ami waves,
the trader depends upon his customers, the law
yer upon his clients, tl>c physician and tnechuuir
?in their employers, lint the substantial farmer
can supply ino-t of l?i*. real wants from his Innd j
ottd whilst lie is let* dependent upon men than
ithois are. his circ u instances of life lead him t?i
feel an immediate dependence on that lieinji
" whogiveth rain Iriini heaven and fruitful sea
All thej?o clrciiinHtnnrcH put together, there is
-nod reason to conclude flint tin* condition of
H>e thriving farnttTH i* more lice from disquietude
ind more favorable to tlit* enjoyment of mutant*
noil ImppiucMx, than llwit of nlmoHt any <??
'her ( Ih4.h of people, Indeed many have lieen
.(lad to exchange bijdi rank and power lor the
??('tired and ueaccftil occupation of agriculture.
IliocfcMinn, tin* Unman etnnoror, tvax one illuMrU
?u* instance, who, after fir- had voluntarily left the
throne. .nnploved himself in plant tug He gardening)
when bcintr urged l?v Maximillian to resume the
rein* of government and tin* imperial purple, he
remarked 44 that he could shew Maximilian the
cabbages which he had planted with Ilia own
Sand* at Hnlona<he should no longer be urged by
itim to relinquish the enjoyment of happinefiii
for the pursuit of jHiwer. ' "
HKSKONVni.K HINT TO ClARORtfBRfl.
To prrw iv? rrx' fuhff* from the rffkti of front.
? Next morning lifter a night** front, at day
break or soon after, sprinkle every tiling Habfe
to injury, with water from p watering-pot. The
quantity of water required will bear ?om? pro
portion to the intensity of tho frost. ThU will
generally necurc vegetable* from injury, eveu
though the frost should appear several tub
CCSH tVC jUglltS. *
Every person the least conversant in. cullniuy
aftdrs, knows that frozen meat or frozen vegeta*
bleu, should, before cooking,', be immersed in
cold water* by which tho frost is extracted, anu
the original qualities *of the articles retained i
but if immersed in warm or hut water,. or if suf
fered to thaw by tlie milder effects of tempera*
ture, they are essentially injured
Frozen limbs, too. if warmer! t
tify, but if immersed in cold watc. .. ? v? ,,
lows, except a slight inflammation, and that not
always. In litis, as in many other cases, animal,
and vegelable life aro subject to the tuune rule*]
?M?IM TtlB trunrui NMIKW.
I .OKI) nYKON'8 *4 IIKUKKW MSLODIM."
Here, certainly, his lordship Iuim failed : in
stead of rising above Ids subject, ns lie has been
accustomed to do, ho Ims sunk under it. Not
t!iu( the failure in of a kind likely to injure his re
putation as a poet J these song*, by the helpol
the melodies Tor which they were written, and
under the sanction of their author's lutine, stand
a fair cl^mce of rivalling in popularity the com*
positini* of his friend Moore, of which indeed
they often reminded us. Tho failure to which
we allude, isjjno that rejtpoct* taste and judg*
merit, ami consists in attempting to accommodate
subjects selected from the licbrow Scriptures ti>
the light measures of ,a love song, at, the expense
of every thing characteristic of the scope am!
purpose of the original. The following specimen
Is taken at random.
41 8innc our c?.tiutry, ouiMlod? Oil my Sifc !
IK'huimI that tliv daughter expire i .
K nee thy triumph vvvx IkmikIh by tiny vow?
Ntr ke the bosom Out's bared Tor tliec now.
" Ami the voice ol' my mourning i? o'er,
And the mounuin* Iwholri iik- no more
It tlic hand th.it I love luy mc tow
There ci.nnot lie pain to the blow *
?? Ami of this, oh, my fattier ! I?c suro? ' ?
That tlic blood of thy ehihl is impure
A * the blessjng I tx*g ere it flow,
And tlic last tumight that kooOa mc below.
" Though tlic Virgin* ot* Halcm lament,
lie tlic judge and the hero unlient 1
I lltM won the great b.atle For tliee,
Ami my father and country arc ficc !
" When thi? blOod ol thy giving hail gutliM,
"When the voice that thou lovcst is husli'd,
J<et ni>' memory atill lie thy pride,
Ami forget not 1 fin, led us J died."
In this, ami the greater part of these compo
sitions, tho reader will seek in vain to discover
the author, of the Corsair | there is neither depth
'of feeling, nor vigour of expression, nor play of
fancy to redeem tlicm from the condemnation to
which, on tlie score of taste, putting aside all re
ligious considerations, they are liable. A ballad,
entitled " Vision of Belshay.zer," begins in tlie]
following style s
; :|ohe*ah*s vessels hold
? 1 '3' .'W-f-'lV'i"*'" ? liolll *? ? v* *
VIk? glAll?<i9 ilCMlfen'* WirtC t
| ' M In that same hour and hall," ke.'tce.
Jam satis.? It is perhaps unnecessary to re
mark, that in these " Hebrew Melodies," though
there may be some melody, there is nothing be
yond the titles and the occasional Introduction ol
a name, to support Uie designation of Hebrews
unlesH tho fact of their having been written for
Jewish airs is thought sufllcient* One is at a loss
t6 imagine how an admirer of the poetical beau*
ties only, of tlie (lid Testament writings; could
sit d<jwn to execute sueh a travestie'of their ge
nuine diameter. ? 44 King 4gri)>I?* belir, vest thou
the prophets ?' *? ? In one respect alone they are
Jewish poems t We allude in particular to such
as that " On the day of thf destruction of Jeru
salem" by Titus." ' I'hey are as JewM, in opuo.
sition to every thing C/trlni ian, as Messrs. Na?
than and llranam could have desired.
The following la one of the happiest efforts in
tho collection. *
TUB WILD NA'/.KIJ.K.
" The wild (Jar.ellu on Judith'* hills
Rxulting vet may bound,
Ami drink from all (lie living rills
That gosh on holy' ground i
Its airy step and glor.ous eye
May gl tiicc in timeless transport by
44 A Step as fleet, an e>c more bright,
llatt) Jilriirii witnessed theiei
And iftr her scenc* of lost delight
Inhabitants more fair.
The cedar* wave on febanop,
lint J utlafrt statelier maids sre gone.
" More blest each palm that shades tliose plains
Than Israel's scattered race i .
J-'or, tikingmot, it tlsere remains '?
In solitary grsotit . t
It canniit quit its place of iiirtb,
It w II not I, ve in other earth.
" lint we must wander wither ingly.
In other lands we die I m
And where oor father's aslteit be.
Our own wit)' never lie >
Otir Itnth hot kft * atone,
And mi^krry on ftslem's throne .**
HhrtU wo be (old Lord Byron ha* given n* Ano
ther instance or the impo??il>ity of succeeding in
^ncrt-d Hoetnr ?~We reply, that these speci
men* only afford n fresh proof, which wan not
wanted, that the Hcripture* ar? not honored by
the attempt* of mere Artist* or poet* to illustrate
them \ ? that something beside genius is necessa
ry in order to secure success j that devotional
feeling and religious knowledge are no less in.
dispensable requisite*') Diat, in order to sweep
the harp of 1>avid, a mnn needs be not onl v pre
eminently a port, hut emphatically a Christian.
Although subject* relating to religion are, from
their very sublimity, less susceptible of ornament
than the ordinary themes of poetry, and the fecl^
ings connected with the sacred suhiccts, from
their very elevation less easily combino with the
material* of fancy, we can never consent to dis
sociate poetry from ita noblest puroose. We
trust that Koioe Christian lyrist, gifted with geni
us enual to that of Our rioole author, nmv yet a>
rise to vlndlcAte the theme* he Has profaned. It
otfght to excite no surprise, that the hand of ge
nius Itaelf should become withered by an unhal
lowed attempt to touch the Ark.
i *' ; ? vj&W PORLIKH. " ?
The following illustrative particular* of Gene
ral Porlier, the first Spaniard who has ventured
to raise the Standard of Liberty, in favour of his
oppressed country, will lie reed with interest:?
Ills Excellency Don Juan Dia/. Porlier is about
30 year* of age, small in person, thin but of hand
Mine appearance. lie Is nephew of (lie late min
uter Porlier, marquis do lloxamac. lie served
a* midshipman in. the battlu of Trafalgar. He
Hint became known in Ute lato war against tlie
troops of Ikmapartc, by collecting a handful of
dcscrtcra from the actions in Castile under Oo
ueral Cuesta, With whidi, Only amounting to 30
meu,he attacked 50 French advantageously post
ed near the city' 'of Palencia, whom lie killed op
took, and presented to the junta of Asturias. The
hitter then gav? him the rank of colonel, and he
immediately forced a.Gueril la corps. called Cuer
po prnncOf wit^ 'which ho did prodigies of vator a
y ninst the enemy. This c<trps after 'wards became a
respectable division, What gave him most credit,
in the tiiiie of the provincial juntas, was his retreat
from St. Amlero, surrou titled by four ting** his
nui?mr ehemierf, from wlifcnt-lie escaped, and
9V011 took some of tho French. Thin action cover
ed Porlier with glory, 'and ltalla*tero? with shame,
who madeadimacefui retrdat to Hjjori, in con
sequence of winch that.lffcrt of tho< country *va?
abandoned. The other illustrious actions of Por
lier are contniimd In the. public mpor^af ?!.?? ?iu? .
He was lately iffade ft MnioMJeneral. and Ins
character is tank and noble.' He is also a man
of great energy and readiness, ns ij* proved by
what happened between him and the msrchioncM
of Matarosa, to whose daughter ho is now mar
ried. Tho marchioness wa* proud aud haughty,
and before she consented *0 the marrjtage of her
itnughter^ she required Porlier to exhibit hi* ti
tles of nobility. To the person ?ont to wait on
him with thin refluent, Porlier answered, " tell
the marchioness tor me. that my name is Juan
Dia/. Porlier, aud i reouiro'to know whether her
daughter is to be married to me or my parch
menta : if to the latter they may both go to the
ilev il !" lie, however, got his bride, and conse
quently is brother to count Toronto, who, before
Ilia father died, waa called count de Mataioso,
anil one of the deputies from the province of
AiiKfurias, that came over to F.ngland in search
of aid, when the Spanish revolution broke out.
Porlier is of Cananan origin, and by his tnti-i
age acquired the title of marquis de Matarosa,
in the right of his wife. H^ was arrested by
Ferdinand, in consequence ol the director of
tho post-oHlce intercepting a letter, ha was wri
ting to a merchant in Itilboa, in which he gave
him orders to sunply money in n Spanish patriot,
who had fled to France^H case he came to Ilil
lioa. Ilo also, in tho sftVite letter, made urc of
wine harsh expression* against the governing
system of Ferdinand, adding, ** premla aurdo
que rcbusua"? -ho arrests every one who brays.
Mlt. WBBT, 1*1 IK PAINTRR.
When far. West was painting Ids " Death of
Wolfe," an heroic pictnrc which he treated in
MttmvluiriMliiiti Unit lntr?Hl?d con
ceal it tillits completion, orehhishonI)rummond,
for whom Mr. West had befure painted Ids A
grippina, accidentally came into the room, and
was so greatly strucn with the boldness of inno
vation wideb dressed an heroic action in modern
attire, that after some questions and expressions
of doubt as to its success, he went lor Sir Joshua
Ifeynolds, snd in less tluin an Imur, they; Were
both in Mr* West'# painting roofn. When sir
Joshua came in, he expressed the greatest alarm
for Mr. West's reputation, w arned him Of tho
hazardous nature of Ida attempt, and told him
tho people of England would never be reconcil
ed ito heroes in coata and waistcoats. However,
Mr. West said that he would send for tilt arch
bishop and air Joshua when tho picture was com
pleted, and if they condemned it then, i$ should
go into the closet ) but that he had determined to
Venture on a picture, that would speak to tho
meanest lnteliects,iMf order to show aotwe illiber
al critics, who had before nccused Idm of plavalr
ism front old basso relievos, that ho could paint
from himself. When the picturc was Completed,
Mr. West brought his friends to view itvacconl
Ingto his engagement t sir Joshua stood silent
before it about a quarter of an hour, anil then
very liberally told Mr* W. that tho pictfenjwould
not only succeed, biitopen a newiera i&'palnting.
Garrlc'fc o Acred 4b Ho for Wolfe, btft West re
fused his olfavtiptti the convictiouithat if the ge
neral were painted from tho actor, tho ftyur o
would inevitably be Oarrick, and not Wolfe.
Mr. West haw Always expressed himself thank
All tlity nis studies in pointing were unknown
and unregarded as they were, for by that mean*
he went to them without any of those piejodiro*
which schools impart. When he went to Italy,
so far wis he from relishing the stylo of naliit
ing which then prevailed in thai country, that ho
otw and ridiculed its absurdities at once. At
Mint, tune nothing was nnintcd tlicro IjiiI Madonna
mill c!til<lr<*ii, with perhr.i m two or three ('unid*
in the air ; and in Kn^l.tml, no characters in
the hemic picture were represented in an v tiling
cine than Human or <*othic armour, Even ?ir
foHlinn Reynold*, till after Mr. \Ve#t*H time, nr.
vor (minted a portrait Imt in fancy drojfr iM
tltifi Vitus altered by Mr. WeatV death Wolfe j
and it wak Tor thi? tttyle of pnio'ing aiiil not fur
Mil Kcgutu*(the firnt picture Mr. Went painted
for the king) or hi* Agrinpina. that France naev
?lint that HumptuoiH entertainment upon admit
ting him a member id' the Nntimnd Institute.
In the lint of pa??enirer* in a late arrival from
France, i? hcvii the name <)f Mr. Vapderlvn. ? ?
The arrival of (hi* eminent ai tint is certainly a
subject ot' congratulation, not only to the City of
New-Yo^K* but to the citizens of the IJ. State*.
After nn alienee of twelve year*, devoted to tho
rttudy of* the fluent apecinieuA of painting and
Mculpturo in the various citie* of Italy, and in
I'ariti, he return* to enrich and ombeltUh his na
tive country bv the power* of hit pencil. Ilia
genius cannot number here, for the want of ap
propriate ftubject* $ it ia sincerely denircd that it
may not languish, for want of patronage.? CJo/.