Historical Newspapers of South Carolina

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w -uw mmm "" 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 trial granted. Benjamin Glover ad*. Charles Goodwin? ?Postponed for consideration. TIIOM nAHKUffel.!.. Charles C. Ashdux adv. Jacob Gray ? Motion for nonsuit withdrawn. rnoM OIIV.STKH. William Jenkins rx. John Thomas ? Motion for new trial discharged. Executor of Benjamin Boyd r<. Jos. Boyd? New trial refused. fiioM Kuor.rir.Lii. William Cotney a tlx. Obadiah Johns.and others ? New trial refinicd. Samuel Duval I vs. ?Samuel Tmnkins ? New trial refused. Thomas I*. Martin i*s. George M'Murphey ? Motion refused. G. and S. Lindalierger en. Henry Rousseau ? Motion -to set aside judgment & reinstate uuuse discharged. rnoM r.wnviKi.n. The Treasurer vs. Samuel. W. Yongue ? non suit refused. 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. ?uom i.RXixoToy. Micaj.ih Martin ailp. Adui'rs. Bowers ? Motion ill arrest of judgment refused. Samuel Hoffmun t*s. David 'Sharp? New trial not granted. 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 judgment discharged. rnoM m a it i. no it o I'd it. John Hariier mis. John Miles? Motion for new trial discharged. ' rnoM sr.wni'.unv. Frederick Counts ads. Juhn Harman ? Former -<1eci?iou confirmed. 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 trial refused. t'DOM ItlCtll.AKD. Kli/a Dinkins, administratrix of John Din VciitM nils. Wade Hampton? -Motion for new trial discharged. John Hughes vs. Wade Hampton? New trial granted. * fllOM SL'MPTV.n. 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. rnoM union. Titus G. Farr ad?. Win. Humniingway? Mo tlon to reverse decree, granted. K7.ekiel Farmer v*. Baker and Leach? New trial granted. J. W. Darter, commissioner in equity, w?. ex ecutors of Thomas B. Hunt? Motion to *ut aside nonsuit, discharged. ??HOM YOltK. 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' d?M-i?ion. I.emtii'1 Steel v*. Adn?V?. James Bteel-? New tiial refused. 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 firmed. Executor* ??f Joseph High vh. John ? Di'prflu affirmed. Klea/.er Lei; i'm. IteOhen Stark? Docreo af firmed. 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. * KIIOM COI.l'MMA. Claihornn Clifton, administrator of Jane Anne Camplndl vh. Kxecutor* of iluitr? Kxecirtor* of Wmp, and Cluirlc* Williamson and other*? -De cree affirmed. Catharine Throewit* vh. Idwclliug Three. Deeree affirmed. 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 AGBICULTURH 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 tion. 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 OIIIS.*' 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*] of pathology. UTEUAUY. ?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. JRPTII.1'8 DAUOIITRR. 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. MISCELLANY. 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. Mil. VAN'UKUI.VV. 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/.