The telescope. (Columbia, S.C.) 1815-1818, January 02, 1816, Image 2
HPHPffiotton of "Mr. T.ow?ulw,tlieT;!a.tka in the]
^H^KCrc ho tilled to rmbrac? the following!
^Hippropsiatiom. : /
W* t\?r thy .Quarter-MaMcr** lVivtrtincnt, * 930,000
L (tic Army .awl Miliua, ? 5,617, OUQ
liittWilho siitwiatcncc or do. ? * ? !ir}10,<1r.l
)Kw PhrRRV, ? fit), 000
^SwOlotlt.ng, 103,000
h -^Bw Bounties ami l'rcmlnms ? ? 4WMJ0O
w vhu MMlcal iuul IIo<jMl;tlT)cpartincni?? 100,009
for Porl.f.cntiww, - - f. . -
I'or tlieOnlnnice Department, ... 140,000
Mr. Sharp moved to strike out of the bill tho
word*44 during the years IBM ami on
- ground that the inscrtiou of these yean*
jSlKul exclude claims of prior date, which he
'?How to bo yet unsatisfied, though recognised
'mjf the cover nmcnt u* lust { among thesO he par
~#iculnri> mentioned tne case of the men who
served In lien. Hopkins'* expedition. Ho pre
sumed it to be the intention of tho bill to in
clude nil claims remaining unpaid* with which
object the language of the bill did not corres
pond.
Mr. Lowndes disavowed any intention to ex
clude any just claims from payment | nor did
he think such woutd be the effect of the present
phraseology. The accounts of the Department
were kept under a general head for each item,
without making any discrimination as to the
date of its becoming due. These appropriations
would of course go to the generul heads, and be
?equally subject to all claims of whatever date.
Mr.* Sharp replied? tout his motion wan over
ruled by the hous* ? *>y a minority of two. The
bill having been reported to the house* Mr.
Sharp moved to lay the bill on tho table, to give
ati opportunity to ascertain from the war de
partment tho* fact in relation to outstanding
claim* prior to 1814, but after *oine conversa
tion this motion was withdrawn ; and by con
sent of Mr. Low udes, the bill wus ho amended j
? - try llit holH'e,a7f liYieiul ' " dUViH^ thii Ittte war,**
instead of " during the years 1H14 and 1813.'*
The bill was then ordered to be engrossed
and read a third time j and was sulMiequently
read a third time and passed.
Oil motion of M'Leau of Ohio, the committee
of Pensions and Revolutionary Claims were in
structed to enquire into the expediency of np
imi.iiin^ poi sonn to |jay the |>cnsious allowed
I), (rovertunent to invalid soldiers, in those
i tate?? where there are no commissoncrs of loans.
Mr. Jenninpt, in making the following mo
f.ion, described the western Tine of the Territo
I'v of Indiana, ami stated the circumstanco of
rlie hti eam of the Wabash cutting the straight
)*uitndary line in it* Minimis course, as occasion
in!; much inconvenience to those living on its
banks, and inducing a general wish on their
part, that the line should be altered : He there
to, re moved, " that a committee be appointed to
empire into the expediency of changing the
* western limit of the territory of Indiana, with
leave to report by bill or otherwise." The mo
tion was s.? reed to.
Turtihttf, Dcr. 19.
A letter was received from the Secretary of
the Treasury, transmitting tho annual statement
of reports during the preceding year j which
wan referred to tho committee of Ways and
Means. ,
Mr. Yancey, from the committee of Claims,
made a report on jtlio petition of Jonn. 1). East
man, late a District Paymaster in the United
State*' service? This' petition prays that Ins bond
as Dint net Paymaster may be cancelled, in con
sequence of the seixure of ids vouchers by the
enemy at Detroit, which precludes the settle
ment of his accounts in the usual mode. The
report is against the prayer of the petition, but
recommends authority to Ik* given to tho ac
counting officers of tfie Treasury to adjust the
the accounts of Raid Kastmen on principles of
equity. For which purpose the committee re
ported a billy which was twice-read and commit
ted.
Mr* Yancey al*o reported a bill authorizing
flie payment lor private property lout, captured
mid, destroyed by the eiicuiy whilst in tfio ncr
vicc of the ^ States J which was twice read
nud committed, '?* .?
>lr. Reynolds submitted Tor consideration the
following resolution, which wan rejected, liy a
;*oiiside,rnbie majority, without debate i 44 Itetol
vett, That the committee oft public lands be In
fftructed to enquire into tho Expediency of re
ducing the price of public land* ? mid that they
liave leave to report by bill or otherwise."
The motion of Air. Katton respecting the
Missouri lead mines, Ofifcred ychijsrday, was
taken up, modified in iU language, uhd agreed to.
n'r.hfUtit, Dec.
Mr. .JohoHOB of Ky. from the military com
mittee* 'reported a bUl 44 for the rolief of tbp ln
lirm, dlsubied and superannuated officer* and
Moldiers of the Revolutionary war, and the late
war, and of the army of the United States for
the time being s" which was twice read and
committed.
On motion of Mr. Yancey, the house resolved
it. elf into a committee of the whole, Mr. Coin
diet in the choir, on the bill for the relief of
.loon. II. Kant limn { which was passed through
i he committee and ordered to be engrossed for
a third reading.
Thursday, Dft. 31.
The Hpcaker laid before the House a letter
from lite Secretary of the Treasury, containing
several statement* relative to the public reve
nue \ and a letter was received from the Hecre
i try of the Navy, enclosing a stS<if>|ftt Of mo*
iiivH transferred from certuri Specific appropri
ations to other objects of expend! tore ? ? which
>yert referred to the committee of ways & meant.
t)n motion of Mr. Reynolds, the house pfo
?'eedcd to consider the resolution submitted by
him a Tow days ago. I
Mr. Yancey of N, C, moved to amend U
vo as to read Uiusi 44 Resolved, 'l"hat the comm.
on public lands be instructed to enquire into tlie
expediency of appropriating all that tract of land
known by the name Af Congressional Reserva
tion, lying in the counties at Maury and Oilc*
y.\ Tennessee, for the extlhimxnnient 6f the ge
nuine land wan-ants issued by the stato of North
C'nroljnn, agrcenhjv to the fUl section of an act
'if t'onsrrcHH of the" 18th of April* J 806, enti
act to wthtoftfe the Stafc of Tenner
*co to tall? grant* au?\ perfect. titles to ccrUin
lands therein described, and to settle claims to
the vacant anil unappropriated land within 'the
.same." This amendment was, after somode<>
bate, agreed to, and the resolution passed. x
On motion of Mr. Darlingtort, a resolution was
adopted, instructing tho committee on road* anu
canals, to enquire into the expediency
of extending aid on tfto'part of tho general
government to tho company incorporated for the I
purpose of cutting a canal from the waters of the
Chesapeake to those of tlie Delaware.
Friday, Drotmbrr 22. !
'The day was principally spent in the discus
sion and amendment of the bill authorising the
poyibcnt for private property lost, captured and
destroyed whilst in the service of the IT. Htatcs.
It passed through a commit tec of the whole, was
reitorted to tfie houso } and, it bving late, was
laid on tho table. ? j
IN Sl'.NATR.
Tfimtitay, ft'ffmVi' 21.
Mf. Dana introduced the bill of wlvich he yes
terday cave notice, concerning evidence in
cases of natural i/.al ion } which was read dud
passed to a second loading.
On motion of Mr. Harbour, " Ilesolvtd, That
tho secretory of tho naval department, be di
rected to communicate to the Konato, whether
any, and if any, what steps have been taken
during the reccH* to ascertain tho most conve
nient linrlxturs in tho waters of the Chesapeake
Hay, for the reception of Miips of wav ; and .that
hc'alitobc directed to communicate whether the
middle ground between the Copes of the said
Hay, lias been cxplorqtl with ji view to that ob
ject, and the result of hucK examination."
AW/ff/y, Drcrmhtr 22.
The bill concerning evidence in cases of na
turalization, wan read a second time and refer
red. THe bilU fur tUe relief tot" 'llHH','
and Jonathan It. Kastinan, were read a second
time, and referred to the military committee.
U g im-JL!
8TATB L KO"l"8LA TJ^lt M.
Jfauf <f HrprrtrlUalivct, Dee. 13. ? Skcich ol' Debate on
n reported hilt for ultou'.ng com|x>u?ation to itulivi
tliials fur Kcrviccs rendered mid expene** incurred dii*
ring the late war.
Cot.. II.iYNK explained in ft few word* the
i "Canons on which tlie provision*! of the bill were
founded. It proponed to compensate m well tho
expenccs of the detachments ordered out in
pursuance of requisitions from Uie general go*
vcrnment as those who served under ntnte au
thority. Strict juHtice may not have required
the former of us? but the agents of the United
StntoH had maile some difficulty in paying the
claims which had been presented,'' anil it had
been deemed beat for tho state to satisfy tlie
claimants, and to make their demands an item
in our claims on the general government. when
the expenccs of the war shotud be finally ad
justed.: Homo specific allowance had been made
to four individuals who had been named that
had no legal claims on t|ie state, ami could not
be included in any general regulation for tlie
payment of tho militia, but who. nevertheless,
had strong claim* upon its liberality lit conse
.|U<mco of.icknM., I(HHC? ?nd
Mai. Ukoiiw wan oppoicd to paVnTjrlhO m,- 1
litia called out in pursuance to orders or the fJ. |
States for the common defence of the Country,
or for supplies furnished these troops. It' was
the duty of tlie general government to sustain
thisexpence ; tiiey were able, and ho bad doubt
willing, if applietl to in a, proper manner.
Mn. Cauuol spoke on the same side* If
we uudertake, said Ins to pay any claims that
were properly those of ilio United States, liow
ever just or politic it might be in the nartlcuUr
instance, we should presently be inundated
with such claims. We should havo our tablo
loaded with petitions, and should eventually
suffer much from the precedent thus needlessly
setup. ' * I
Cot.. Havnv. hoped gentlemen opposed to
particular provlifons of the bill .Would separate
tho questions, so as not to effect parts in which
every member would agree. But ho was not
sure bat we were bound to make compensation
to all the militia. By/whom were they ordered
out ? By tho Governor of this State, tf they
did not, receive supplies they uever could arrive
at the rendezvous conformably to the retpiisi
tion. Th6 United States* quarter-masters and
agents failed or refused to furnish Supplies, &c.
(Itie quarter-inAster, who is now a member of
this house, |wiid money to a considerable amount
out of his own pocket for defriiving expenccs of
traiismortation. llow is lie to no remunerated ?
T|io United States* officers do not recognize
him as uu ofllccr to whom they are to account.
Thry have refused his claim. Unless he ob
tains compensation here he has no remedy but
to petition to congress. Will he do this for a
hundred or two dollars i There are besides a
multitude of Josser claims, and of 'those much
less able to make the demand* of thein at a dis
tance. Shall we by denying them compensation
here; bar them of all Ifcpe of any. But if we
satisfy these demands and make the claim our
own, when it is presented at once to the general
government it will be allowed.
Ma*. Ononis said so far as it had come with
inhis knowledge, accounts for transportation for
the militia had been psid by the officers of die
United States when presented. It had always
been the case at Charleston, and he presumed
it would even have been the case elsewhere if
1 the claims had been presented in proper man
ner. There are particular forms required In
which to make claims and render returns, forms
necessary to lie observed to lessen tho labour of
office, and make official transections correct.?.
If our quarter-master* do not conform to these
rulesof oflice and their accounts are disallowed*
the fault is their own. It gives them no right
to lay their crimplsints at our doer* But the
fact of our Governor calling out the militia gave
them no exclusive character of state mi(itM/<~
The Governor did not then act in pursusifji#
any state authority, but aa a eonwtutettt mem
ber of the national -government It inpiifassnce
to its orders. The militia Were not called out
for tho local service* of the state* but for the
general defence. t$ however, the United fctates
iuuiw(lm? for o?to uiwtho payment upon
^Mr'o'.rr ?Uhed to know wli%t rniioiM hwl
been assigned by the officer* of the. United
States for wfaring payment. Ifthey are ready
to nay* aud the accounts aro nottegulaity
made out, lie sbouldoppoae any appropriation
for that nuri)o?d. \v' t
Mr. Darby stM, the accounts bad been made
out duly, and in regular fbrtn. Aa respected
Mmsellf he felt an indifterenco as to compensa
tion. lie idiould never apply here or clscwhero*
but ho knew there Here claims for supoljefc and
trannportation, that the U. 8. agents had refused
to dixcliorgo, on the ground of Its not being
their duty. ~J<M
Col. ilAYvr. said, he could assert from his
own knowledge, that regular applications, had
been made in a proper manner, which had l>c4n
carried to Hen. I'incknoy himself) lie had re
forrcd them to (he proper officer \ and they hnd
finally been ditsallowed. A militia officer signs
himself quarter-master. His claim is present
cd i but the paymaster does not And his name
on the foils of the army, and does not recog
nise hint. ? ,, ' :
Mr. 0 isr Raid ho was satisfied with the state
moots that had been made, lie should vote for
the bill. Hie state can better wilt ft deferred
payment than individuals cun, *
Mr. JltioKii Mid, he had occasion to know
himftcjr thst the militia claims, wotjdd not be
allowed by the General Government. He had
advised one who was unsuccessful in Ida appli
cation to petition Congress. He had told liim
that Congrewt, and not the State legislature
was the place for liim to apply. Though be
thought it t>j duty of the General Government
to coui|>euBatc the services and defray the ex
penccs of their requisition j yet as they had not
dniie HO, aiiiTtKe clhtflriaAtt tiadifofno herd'lo
obtain payments, he did not hc.situtc n moment
as to the course -wo ought to purHue. We ought
promptly to dixcharae all thvHe demands. Hun
|K>se we do not ? What will lie the effect should
we be engaged in another war ? Would (he mi
litia turn out with alacrity ? Would they bo
ready to furnifth Huppiieti or it nusportation ? You
should do nothing to damp the ardor of the mi
litiu. You nhould rherisn 'their affections for
government by lending an imlulgei't ear to their
complaints aud claims. Pay litem promptly
and liberally. If not strict Juntice it in sound
policy. If (lie General Government remunerate
UK, well | if not, wo at leant have done our duty.
Toe >t[i >r'. Wat cotifiifil ii.
MTKUAItY.
' appear
HKVIBW OF tfBWPKM'8 JUSTINIAN.
Tho C)|lpwai(f valuable puper. which or {finally ?
.n the State ?Mcue for Aiigrnt 181;}, will bcVad |
? \!l '"ni ' ?* comppchciwive review ot'nn
jMKRWfll l">W HWe Attention i> bertow
cd on the literary productions of our own country
Politics seem toab
$ jap* ?wmu". iiw S
itedby many of our abl???
stances of it arc continually ^ryi"^ w?n"
crcuftc their regrets. I was led to tnls train of
reflection, by observing how little attention has
been liestowcd on a lute production of a very
?^pfned writer. Mr. Cooper, formerly a judge
?ciwiH)lvflnia, driven from that station, an it U
nortcd.hv the ido!?nr.? nn*iua..:j? ?
iruncd
rT" vv ? icuunuaiicies, aim of
distinctly
rl*A fl A ? ? ? l _ _
v?iiii|Ki?vti pamy 01 ajUdiciouH collection
of the adjudged case*, both in KngUnd and A
merica, on aub)ecta connected with the text of
the institutes, 'lite casejt arc clawed with care
and judgment, and form an excellent manuul, for
the. practising lawyer, or the judge who is delib
erately tonning his opinion, or drawing up his
judgment on some contested question. Indeed
1 have rarely seen more judgment than it ex
ercised in the selection and arrangement of the
decided cases, chosen to. illustrate any of the doc
trines which come under review. In ahort, this
valuable book carries us up to the living fountain
of tho wisdom and experience of ant1*"1'** '
which all thecivllfcedT nations of Kui
cepting the English (who are at least willing to
acknowledge the obligation) have drawn their
best principles of jurisprudence, in the* civil
intercourse of men in private life. And it adds
to that oblltttlon, by giving us example# of the
adoption aira application ofthese maxims to our
own aftirs. I
No scholar who aspires to the character of gen
eral knowledge, no legislator who raises his
view* above the cloudy atmosphere, and the nar
row speculations of the day, no practising law
yer who disdains to be a mere case hunter, no
La^ ^ mind to first
. In doetrlnea,
MHRRIHR liPffiaPfl*
ought to be without tills \ s work in his li
brary. It will amuse the its, Instruct the
ignorant, and remind the f
| (whose introductory "
proudly elevates
principle#, to guide his juf
not Aoroughfi; settled
ought to be without this
chemlitrt, with Ida .
for the
???nwi me
u ? Mr. Cooper, |
ii the science of
? discover* the
that It wpuld add greatly to his reputation } i
it Is to bo hoped It would be a* product^
himself as it would be useftil to others.
fiuch a work would bo a desideratum in ?
nintrv by l|w*, but most espocii
which professes to bo govcr
would make tho writ
of antiquity, now hidden in worki
'muMtt* ww.? to all >yho irA uot
jii Urn United .
Jiavo noticed a smaller
decided c.Ihos ii
to conside
Id indeed bo
, , , ullarl
wre etery ooscrver n
aptitude. In almost et
o authority, than in ?
Hcnco less ol roverenco
inclindjUoU to go
beillu^atcdby
er himself, who -
jurisprudence
Ho iuu notioi
emptor, as to
and reinro^tev.
morality, to. the ,
the vender, to wa.....
the soundness of the,*,
fulotti/,c<l tlio Bench I
bandomng the KnajUsh i
adopting the ctyijlaw<
r.Traw*
aafar
b/tJioj
p. . Hi
its* and
ilvi* m
Mr. C?
, Klc
urnlshcd
* n of ca\
sir
rhith obn/<
hfrjiitic, 'w
\ and he
arolina f.
iw maxim
r jiu riyip law
as tfd? 'disposition pre, ??
ground of authority and to see* for sound
c.iplcs, does it becoino important to fiirnls
best texts, code* and speculations, for eui
and illustration.
I I should the^ef
gratified t>y fhh't^M..v?u.v ui m ronucnr
gest of the civUlaw, wmcftwould open
the foundations of that legal polity, whic
built, on tho experience or near ten can
of Roman legislation, varied according t
changes in her habits, manners and govern
and which surely has been rarely equalled
ver excelled, llefore I conclude these ob<
tions, (which arc intended chiefly to exp
own obligations to MrV Cooper and to
tlicra to do justice to his work) . I will n
few remarks on the sulnect of di'orce,
Mr. Cooper has noticed in the course
work. Itis a justice due to Our state. .
That gentleman has given in the notesi
Iwok, page 434, 5, 6, 7} a brinf account <1
doctrine of divorco amongst the Romans,
varied with the various alterat ions in the n.?
al manners and habit*. He lint* also taken\
casion to notice the precision and correctness
principles by which the present French law ui
ver, Honaparte, has settled the doctrine of i!i
vorcein France. Without concurring entirel
with Mr. Cooper in his eulogium on this branci
of French jurisprudence, because, I think fV
door of divorco thrown open too wide, I rc;?
ly accede to the statement, that whatever
may think of tho principles of tho avst^m,
more clearly and diitinctly settled by the *
civil, fe)iich!ia*heou composed under tho an
oefc arid promulgated under tho author! 'V of a
nsnartff. tHftll hv tkalnmil ik - '
'yTVi
_,nl code of any othor na
,/Mv.-f^per theil ffoofc on to
speak of the conduct of top difiTcrerit states in
Ariiw& relative to divorce.* He says, in pi
438, * in this country the fltelKty of divon
by nianac^ment, is almost equal to that nn?/
the government of France'during thfjrevdlutly'
SK^iBSS'S?jaS52Hs! .?.??
this c
intorid
'tlietTni
m beg f
rr TV t,,v I
$tate*, a* I fcarl
ive to enter a nrotea\
iii
Muucrainim, w some otner? or the states I o
assure Mr. Cooper, (and I am sure I shall giv
him pleasure by doing so) that the statement t
riot correct as to some others of the states,
In South-Carolina, particularly, not a sing!
instance of divorce has occurred since the re\
olution. When applications nave bcrfrtwade t
tho legislaturo, and several very strong oni
have been made nt different periods, and vchei
ently ^raMpe legislative uwly peting by lar
majorlticHihns uniformly protested 'agaim
rrf,sc
usurp or to exe
Wl,
laws sealing tftfdoetrlncof divorce, an
authority to <itne tribunal to adjudiea
applications for divorce, ttie leginla
uniformly refused to enact such law/U
ingthat It was wise policy to ?h-it<(M
divorce altogether i and rather to
unhappy Persons to remain unhappy
open tho door to great and certain
depravity of the public morals, and
MWatifrmUlp*.
T.
Whatever wisdom <licr<* may in tli
Ion, It lias been very utoadil y find Arm'
ed to in this stole, under nil fie vlei?*
pally politics i and 1 do not think it in
undergo any change. 80 tVnt in nnc
leant, there is > itohly no resembtane.
French revolutionary government, in tl
ty of divorcca, but an unexampled Hhi?
repelling nil attempt* to relax the urn
verity of the laws on thin point.
The only indulgence shewn to persom
py in the married Mate, ia. that in rawi
and continual cruelty* the court of c
will protect the injured party, in living 1
from the oppressor ) and will compel
hand to make aomo provision for the wi
driven from him by unjuat no verity,
ilrrliflo remain ? in ftil f force, and no n
rimonlal contracts can be formed. Ai
can be little doubt that the Tribunal*
atAta would rcrtel any attempt* to e
law* on thia tiuWefctljby any of our citiiu .
ing tho aid of the laws of thoso itat
have introduced n looter tyitem with r
divorces aa wisely and firmly as waa
the lupremo court, fa the fetate of New >
the case or Jacktofi vs. Jackson, w>
Cooper has noticed with approbation.
a A Jl'
I MumM*, n. c. An* Kr, 111!