?ue:ag,ltiW-T..-n. n1 r. ; u:.a. i ?, Wi.rtnuaz: The Convention. R Fourth Day.?The Convention was opened R by prayer ou yesterday, by, Rev. T. R. English. S Mr. Cheves, from the Committee of Twenty- V One, made the following Report: V The Committee of Twenty-One, to whom was B referred an act to provide for the election of de- J puties to a Southern Con ress and the call of a V Convention, with instructions to consider auu re- i port thereon, respectfully report? I P That they have considered the subject referred ta to thera, and have concluded to recommend to O the Convention the adoption of the accompany- l! ing resolution and Ordinance: Resolved, by tke people of South Carolina in tl Convention assembled, That the frequent viola- st tions of the Constitution of the United States by 5 the Federal Government, and its encroachments upon the reserved rights of the sovereign States w of this Union, especially in relation to slavery, k< amply justify this State, so far as any duty or ?: obligation to her confederates is involved in dia- jo solving at ones all political connection with her co-States.and that she forbears the exercise of that tii manifest right of self-government from consid in orations of expediency only. An Ordinance to declare the right of this tli State to secede from the Federal Union. t|, We the people of the of State of South h< Carolina, in Convention assembled, do declare A and ordain, aud it is hereby declared and ordained. ec That South Carolina, in the exercise of her sovereign will, as an independent State, acceded th to the Federal Union, known as the United States cc of America, and that in the exercise of the same pi sovereign will, it is her right, without let, hind- th ranee, or molestation from any power whatsoever, to secede from the said Federal Union; and wi that for the sufficiency of the causes which may wi impel her to such seperation, she is responsible C alone, under Cod, to the tribunal of public opin- n ion among the nations of the earth. w The report was ordered to be printed, and B made the special order for to-day. ul Dr. John Bellinger offered the following a- in mendmetit to the report, which was also ordered h; ror consideration to-dav. pi - * ^ ' T?1 _ a - 7? "He it ordained by tfiis Lonvenuon, mm, me k*, legislature of the State shall have the power, by he a vote of two-thirds, (accompanied with a notiti- l>v cation to the other States,) to withdraw the State d< of South Carolina trom the Federal Uuiou." ty Mr. B. F. Perry, from same Committee, made w| a report on his own behalf. This gentleman's uu rejx>rt states that the other Southern States, iden- de tided with South Carolina, having declined to meet South Carolina in a Southern Congress, it pa would be unwise and inexpedient for South Ca- to roliua to take any decisive seperate action under kii existing circumstances. One of the resolutions as presented by Mr. P. pledges South Carolina to be resist with the other Southern States, on certain y0 contingencies. The report was ordered to be yy printed, and made the order for to-day. Mr. Gregg, from.the same Committee, also wi submitted a report on his own behalf, stating his jt. reasons for not concurring in the report of the m Committee, which, on his motion, was laid on :0i the table, and ordered to be printed. We will publish these reports to-morrow. Mr. Dantzler announced that he had prepared, as an individual member of the Co-operation par tv, an ordinauce of conditional secession, but was St restrained from offering it, least it might distract m; the deliberations of the Convention. p | On motion of Mr. Harlee, the President of the wi Senate and Speaker cf the House of representa- ;1(J tives were invited to seats on the floor of the th Convention. no The President announced that he had appoin- ue ted Mr. Whaley as Cashier, and Mr. Dautzlcr at as assistant Cashier of the Conve tion. in. ? - ? j .. in ,i..i -i. i ,' I tie Convention tnea aajoumeu iu uuuw ui today. rii South Carolinian,30th. Tl Fifth Day.?The Comer.tion was opened (in trt yesterday with prayer by Rev. R. T. Russell. in Dr. Bellinger then addressed the Convention at some length in support of his amendment to |v the report cf the Committee of Twenty-one. We published the amendment yesterday. Ni Mr. Chevcs stated that it was understood in r,.| the Committee, that all amendments to the re- fot port should be moved to be laid on tin* table. tj, After some desultory debate, Mr. E. Rhett Wt submitted an amendmet to the report of the a|j committee retaliatory on Massachusetts, and ad- da dressed the committee ut some length in support mi of it. This, on motion of Mr. Cheves, was also >u laid on the t able. re: Mr. Toomer also moved sundry resolutions a* st. an amendment to the report, which were laid on j* the table. kii Mr. Adams offered an amendment to the ef feet that this Convention, having been calh'd to w( secede from the Federal Union, but yielding to ,,f the popular vote in October last, and not being ;i|| able to agree cn any other measure, should now 0t adjourn sine die; which, on motion of Mr. Chevcs, was laid on the table. va Mr. Memminger read a lengthy document. ex setting forth bis views on the question before the j,r Convention. This paj>er lie moved to be laid on |y the table and print? d. Ja Mr. Pickens thought the motion ought to be di- in vided, andaftersomeconversation, Mr. Mcmmin- j,.| ger withdrew his motion to print, and the co-operation manifesto read by the gentleman was laid a on the table. (.r The question then came up on the adoption of j? the report and ordinance, and they were atlop- th ted by th6 following vote: ,,f Yzks.?Messrs. Aldrieh. Allison, Alston, Appl - m by, Arthur, Atkinson, Barnwell, Bellinger, J. 1M |jt linger, Edmund, Bellinger, E. Bethoa, Bubo, Sp Bonham, Bookter, Bouknight, Brad well, Brown, a : Buchanan, Burt, Butler, Cantey, Caughman, ir;i Clieves, Coit,Cook, Craig, Cuningham, Uantzler, tj, Davant, David, I>eSaussure, Doby,Dubose. Dud- ,.r kin, Dupre, Elfe, Elerbee, Elliott, English. Evans, tv, J. J., Evans, W., Farrow, Finley, Frainpton, Frost, [,| Furman, Gadberry, Gladden, Graham, Samuel E. |, Gregg Maxcy, Grarnling, Grimball, Haigler, Ilan- |j na, Harlee, Harrison, Havne, Hayesworth, Henderson, Higgins, Hope, Huger, Huguenin, I'Ori, al Irby, Jamison, Johnston, Jones, A. C. J??nes, wi Jas,, Jones, H., King, Kirk, Landrum, Lang, e\ Law, Lehre, Livington, Mackny. Magrath, Mar- ta tin, E, Martin, J., Martin, J. C. Mason, Maxwell, fir R. A., Maxwell, J., Memminger, Mobley, Moon, an McAliley, Macbeth, McBride, Mcllwane, Nance, te O'Bryan, Patterson, Peay, Perrin, Pickens, cP Poole, Porcher, Pressley, Read. Rhett, Rice, id .ichardson, Rivers, Rosborough, Russ?l, R. Y., ,uth, Rcaife, Schnierle, Scott, Seabrook, Sims, J. Spain, Sumter, Symmes, F. W. Trapier, aught, Wallace, Walker, Wardlaw, l>. L.? I'ardlaw, F. H., Waring, Whaley, Wilson, . H., Wilson, H. jr. Whyte, Whitner, Williams, , Williams, J. D., Williams, J. H. Winnsmith, bright, Young?136. Nays.?Adams, Brockman, Charles, Duncan, . E Fripp, Gourdin, Graham, Hamilton, Latt, Martin, J. V., McBee, McCalla, McCready, wens, Paltrier, Perry, Seuter, Tootner Trotti? ). On motion of Mr. Butler, it was ordered that le sum of ?500 be paid to the Clerk for his rvices. The Convention took a recess until o'clock. On assembling, sundry orders and motions ere acted on. The messenger, doorkeeper, and ieper, of the State House were each ordered 100 for services. Five thousand copies of the urnal and ordinance were ordered to be printed. < hi motion of Mr. E. Bellinger, the Convenjn resolved itself into Committee; Judge Evans the Chair. Mr. Butler offered a resolution tendering the lauks of the Convention to the President for ie able, dignified and courteous manner in which * presided over the deliberations of that body, doptcd unanimously. The President on resuming the Chair addressl the Convention as follows : Gentlemen of the Convention : In return for ic very flattering estimates your kindness and urtesy has induced you to place upon my imirfect services, I have nothing to offer you but ie tribute of a grateful heart. 1 will not detain you by pronouncing upon the isdom, or otherwise of our proceedings, nor uuld it be becoming in ine, as a member of this onvention, to do so. What we have done caniotbe recalled, and now is history. We must ait for and abide by the verdict of posterity, ut I hope that I may be permitted to congratate you and the country upon the good feclg, harmony, and singular unanimity, which ive characterized our proceedings, and to exess my ardent hope that they will have the ef:t of pouring oil upon the angry waters?that reafter 110 party will be known in our State it the South Carolina party, firmly united in fence of those principles of liberty and equaliwhich belong to us as our birthright, and o O 7 liich gratitude to our ancestors, and duty to ir posterity alike dcman^ that we should ever tend at any and every hazard. I will detain you no longer. We are now to rt; but before we do so, I must be permitted tender to you my heartfelt thanks for the iidi ess and courtesy you have extended to me the presiding officer of this Convention. I ? . ?' I ... ? g you on parting, to accept my oest wisnes iur ur liiijipiticss?ni(l prosperity. Gentlemen I bid u ail affectionate farewell. After which, on motion of Mr. E. Bellinger, it is ordered. that when this Convention adjourns, shall adjourn nine die and be dissolved. On I'tioii of Mr. Cheves, the Convention then adirued.? South Catoliniun of May 1. From the Few Era. East Florida and Consumption. There are but few residents of the Northern ates who are aware how much this complaint ay be alleviated, if not cured, by residence in orida. .Some twenty years since, 1 spent a titer in St. Augustine, and experienced all the vantages that beautiful climate presents over e North. During the winter, ice was formed t more thau once, and that less than the titleless of a half dollar. While the thermometer New York was tin above zero, 1 was enjoyr an almost summer heat. Indeed, except e inconvenience of rain, there was no day duig winter when an outside-coat would have en desirable on horseback, even for an invalid, te oranges remained in great perfection on the es the whole winter, and continued to improve their delicious flavour till spring. The expenses of living arc very small?a faniiof half a dozen persons could live in St. Austine oil $1,000 ] er annum, who would in w York, expend $3,000. The oysters were narkably line, and so abundant as to be had the mere eo>t of a laborer to bring them from e b d- in sight of my lodging. The ti>h, also, * '' 1 .1....# n .n^o l-olit fill' Tu delicious auu iinui u.iiii. u. u.^ out >>00 to a \car, with ample accuiiimo lion tor keeping poultry, liuix*, cow, etc., at a all expense; ami as to elothiug, a supply for miner ami winter should he provided, and a idciice there a\aihd < I to wear out all tlieold ick, as mulling like unnecessary extravagance en.ouraged In the people, who are uniformly nd and considerate for the sick. Over one uidred and sixty invalids from New York State ie among the number who availed themselves the Florida climate in one winter, and geiiery were Ireuefittcd, in some cases cured, and in hers their lives for years prolonged. Some cases came under my obseruation, of inlid> suffering under a severe cough, who had tended their lives by a constant residence, obably for ten years, being able to exercise daiin the open air while at the North the same se would have required constant confinement doors, and thereby shortened the (.lays of the iticnt. Often have I seen, in January and February, tile of -old.ers in one corner of a garden, gathing new | otafcjes, green peas, lettuce, etc., and the opposite corner another party planting e same kinds. The city is about one-eighth a mile wide, bounded by the ocean, and a ile long, containing three churches, viz: Catho, Episcopalian and Presbyterian?all very reectable congregations. About twice a month, sailing packet arrived from Charleston, which ive more joy and interest to the poor invalids an ever the arrival of one of the Collins steam s gave to the New-Yorkers. A land mail came ice a week, and the invalids generally asso tiled round the I'ost Office for all hour or two fore its arrival, to get letters from their fami s and friends. Whoever goes there fur health, should carry I need'd resources with him, such as books, ilh an ample supply of newspapers to come by ery mail. I was placed there suddenly, and ken from the most active business. For the st month, this new life of inactivity of mind id body destroyed both appetite and sleep?afrwards I became reconciled, and enjoyed it excdingly, after educating myself to a life of leness. It was a general remark, that invalids wl survived the month of March would probabl live through the year. Such is the kind infli ence of climate upon the nerves of the invalid that were I now troubled with this complain and it was reduced to a certainty that my li would end in three months. I would hasten int the climate to die?as there my life would en prubably without pain?while at the North tl hard winds would make every cough tear n asunder. Leaving home under such circumstai ces has its evils, but climate, accompanied by friend, will more than counterbalance in man cases. Invalids, who comfortably survive the cold t: January or February, may often fiud March ui endurable?an escape from which will often pr long their lives. This has induced me to wrii this article, as I well remember, when ordere myself to seek a more genial climate by ir medical friends, I found it impossible to obtai any reliable practical knowledge where to go.T?l ?1 - Lklfli.ir? fli-on Ttnlv milf r WliUil IS JIIUWIUIV UCUCI lliau VTV.W , more convenient, and less expensive?but < course the former is comparati"ely entirely de titutc of interest. During the past twenty year new hotels have been opened in Florida, as lai informed, particularly up the St. John. Almo: any family in St. Augustine, for $50 to $lui for say six or eight months, would havae vac: ted their house, at a short notice, if it could t rented, as cash was a verv rare article. Invalids go to Florida even from Savanna and Charleston, to avoid the month of March and Northern invalids, leaving Florida in Marcl in tolerable health, were generally confined t the house, and often made sick, by the chang on their arrival at Charleston and Savannahthe change of climate being so violent. Th medical men in Florida all agree that Norther it.v.ilifU should never leave before April, and tlu it was more safe to remain till even June; the they come into a warmer climate at the Soutl and have the summer to determine the result. Adjournment of tine State Convention. The Convention adjourned finally at a qua ter past six yesterday evening. Its whole a< Lion is embodied in the ltepoa of the Commi tee of Twenty-one, which we publish this mori nig in the regular proceedings. That repor the telegraph informs us, was adapted, by ye. 130, nays 19. It embraces, 1st, a . solution t the etiect that the Slate has good cause to si cede from the Union, and forbears to do so otil from motives of expcdieney ; aud, '2d, ail Grd nance, deelaiing and orUaunng the right of si cession as a prerogative of the State, for the e; erase of which at any tune she is accountabl only to God and the public opinion of the worl< To many, this may seem but a barren resu of a session which has been so l>ng looked fo ward to with solicitude, and which was one thought to involve the disruption of the Confec eracy. Let us not, however, too hastily dead that the Convention has not doue all that w: in its power to do effectually. For no one wi say that there would have been wisdom or pa riolism in enacting measures that either aiinc at 110 defined result, or that carried within thei the* seeds of their own sure decay. We do u< say that this was the character of one or a the measures that had been suggested. But w know that it was the settled conviction of man of the must earnest among those who had advc cated secession, that any half-way measure would effect 110 valuable object, and would be: the ajtjtearace of an attempt to hide the retrea of the State. It is clear now ;hat such was th conviction of a large majority of the party; or i least, that they believed more could be gaine for South Carolina by a reconciliation < I parties on the broad basis of a solemn euactmcn looking to livr protection in the future, than b 1 any imperfect measures of redress for past wrong A decision made with so near an approach t unanimity by the representatives of our part; carries with it too much respcctble authority that we should oppose it. 1 his act of Conver tion is now the supreme law, for us and for al and we bow before its authority. In regard to the past, then, the Conventio has done nothing, save only make it thestartin point,?the occasion and the justification of it provi>ioii lor the future. But in regard to tli latter, we look upon its action as full ofitnpor it lias ordained and enacted the right of Stat Secession; and though this Ordiance does not ii vest the State with a power which it had not b< tbre. vet it irrieve a new character and efficient' i " ? J f # to it, by putting it in the form of a declarator ' enactment, and thus clearly making it ]>art c the supreme law of the State. It is now one ( the parts of our Constitution, the guardianshi and enforcement of which is entrusted to th Legislature. Not only is this a great step towards makin the action of the State free, speedy and effectui in the event of future aggressions, but it migli even be doubted whether, in tbus leaving the a< tion of the Le gislature so absolutely unrestricted prudence has not been slightly at fault. W take it for granted here that the amendment ( Dr. Bellinger, which both required a two-third vote of the Legislature and a previous notice t the other States, was not adopted, although w have no positive information. We think thr amendment was a desirable restriction on the e: ercise of so momentous a power as that of sec< dino from the Union ; but we must rest in th conviction that so grave a resj?onsibility will nev er be abused.? Charles on Mercury. Mr Rhett.?Mr. Perry, in a letter from Co j bia to the Greenville Patriot, notices a fact whic had not before come to our knowledge?thatth [ secessionists of Columbia had greeted the arrivi | of Mr Rhett in town with a serenade, which i I highly praised in the following extract. Th j compliment was deserved, and Mr. Perry has et ! hancid it by his courteous notice: >t ....a/tret and that the Hon. Ii. B. Rhett, on of our Senators, is in Columbia, but I have nc y t seen him. The Columbia Band gave hii last night a sweet serenade. I was roused froi my slumbers bv it, and thought I never ha ' heard finer music. Mr. Duncan expressed th same opinion the next morning, and on learnin the cause of the music, we both concluded thr none of it was intended for us. But the Serif tures say that the rain shall fall on the unjust s well as the righteous. So it was with this swe< secession music. It fell on the ears of Union rae as well as disunionisto."?South Carolinian. f? TBE SEMLWEEKLY JOURNAL iy u* TUESDAY EVENING, MAY 4. 1852. Is, it, THO. J. WARREN, Editor. fe . to OUR MAREET. id We have no change to notice in Cotton. We continue Friday's quotations, say 6 to 8c. ie Country Produce of every kind is very scarce, and n" com nand8 remarkably high prices. a Congressional Favors. We beg to tender our thanks to the Hon. J. A. iu Woodward and Hon. D. Wallace, for their late feq. vors o- [SjTThere will be service'~atTh~e Methodist Church te this evening, commencing at 1-4 to 8 o'clock. ^ May Day. 'y Ti e exercises of this gala day were anticipated by the n juveniles of Miss Theus' School, on Friday evening last, ^ 30th ult. The usual Coronation of the May Queen, with ^ an ap propriate address from her maids of honor, and her reply, were all very handsomely performed, reflecting s praise upon the little Misses engaged in these interesting exercises. 4t Mons. Adolphe Eraette. 3, This gentleman proposes to give lessons in Drawing TT^ 1- ana t. new styie 01 raiuung. nc may w iuuuu m mo >e "Wacree House," or he will give private lessons to suit the convenience of pupils, h Seo Advertisement. 15 Fire on the Track. W > learn that about twenty feet of the Trestle work ? over die Wateree Swamp, was burned so that the Cars e' on Si nday morning could not pass over. It has, however, been promptly repaired, and they now run as lG usual. It is supposed the fire occurred by a spark from ^ a fre ght Engine, which passed over the bridge on Saturday night. 3 Mr. Rhett's Resignation. Hon. R. Barvwell Rhett has, we learn, resigned his seat in the Senate of the United States. The ap. pointing power will again fall upon the hands of the Executive, and we have all confidence in our excelr lent Governor. We believe the selection will be a ju- i I- dicious one. QF* We have but a small number of Editorials to- ( 1 day, from the (act that there is but little to write about, f r ' and our columns are otherwise occupied. We have U been compelled to defer the publication of some matters ^ which we should have been pleased to see in to-day's paper; but for want of room, wc could not do so. ^ The report of Col. Gregg, will be published ou Friday, also, that of Major B. F. Perry. t- The Convention. le Our readers will see irom me proceeumga u. ....o , i. body, in to-day's paper, that it adjourned on Friday last, It after a very harmonious session oftivedays, during which r- no debates were indulged in calling forth angry and ^ ! unpleasant feelings. On the contrary, it seemed to be j the desire and determination of all parties to harmonise. 'e : The speeches of Gov. Means at the commencement and 15 J close of the Convention, clearly demonstrates the leel" I ing which pervaded that assembly. The anxiety niani! fested by our Senator, Judge Butler, the efforts and ^ i almost unanimous expression of opinion on the part of 11 : leading Co operationists and Secessionists, shows us in jj j unmistakerble language, that the friends of Carolina deI sire still to preseut an unbroken front to their enemies. e , It may be supposed that the members of this Conven* ^ j tion have done nothing. They have done all they could ; do; and it is idle to charge them with error because ' they did not pass an ordinance of secession. The fault ^ lies with the people. They determined by an overe whelming voice to submit to past aggressions. The Convention could co no more than ucquiesce. j The Convention has done something. They have declared that Secession is an unquestionable right, and j that a State may exercise this as an alternative, when the necessity is forced upon it, or whenever it desires ? J - ?o s, to do so. Tlnsis no new aocinuo iu cvt-vasiumoio, y have been up to this point fur a long tirao. and would ^ have carried their faith into practice, had they not been prevented by adverse circumstances, l- Time will show that the Secessionists were right? 1, that Co-operation never can be effected, until some State makes the practical issue, it Even Mr. Perry, the ardent friend of the Union, adg mits the right of Secession?that the General Govern-S ment have aggressed upon our rights, and that there ! e are several points beyond which intolerance may not 1 t. be borne, among which is the abolition of slavery in j the District of Columbia, without the consent of the i l" owners; or to refuse the admission of a State iuto the ' ' Union on account of slavery; or to refuse to carry out } the existing Constitutional provisions on the subject of ), the rendition of fugitive slaves, ic. lie regards "the domestic institutions of the South not only moral and ^ correct, but a great blessing to the African race; and I' absolutely necessary for the continued peace and pros- J L perity of the slaveholdiug States; and as such, will be ' forever defended and maintained by them at any and ^ all hazards, and to the last extremity of their existence ^ as a people." Accidents on South Carolina Rail Road. ( i We have heard of several accid.*nts on the South Ct.M q rolina Hail Road, the particulars of which we give be- , >f low from the Charleston papers: < Is Kailuoao accidents.?One of the freight o trains of the South-Carolina Road ran off the e turn-out at Lewisville, on Friday night last. The < it only injury ari ring from the accident was, that i c- that the night express train from Columbia was ' i- obstructed in its downward passage, and was ~ *a rotnin i: iviu u iu ?wu.... j On Saturday morning the crowded passenger t train from Columbia, about a mile from the de- I pot, came in contact with a locomotive and train J 1" of empty cars, which had been despatched from , h Charleston for the accommodation of the mem- ( 6 bers of the State Convention. No injury was il done to any of the passengers. One of the lo- I is comotives wjis disabled and its baggage car was ( e shattered. After a delay of a few hours, the , i- wreck was cleared away, and the train came on i safely to Charleston, arriving about nine o'clock. 1 c The road curves near Columbia where the con- 1 >t cussion took place, so the engineers could not see ( n at any considerable distance an approaching i ti train. ! d It has been rumored also that an accident hap- j ie pened at Blackville on Thursday night, and that , g one of the citizens of that place, whose name our j it informant did not know, had been killed by the ? >- passage of the train over his body. Subsequent 1 a investigation, however, has led to the opinion ] it that the person in question had teen killed and j n laid upon the track by some persons with whoqi < he had heen drinking.?Southern Standard. < Kev West is the largest town in the 8tatc of Florida. It contains a population of three thousand About one-half of the people are engaged . in wrecking and collecting sponges, turtling, and in fishing for the Havana market. The sponge Dusmess is ^becoming very important; immense quantities of this sea animal are shipped to France, and then manufactured into cloth, felt hats, \ XOTllJU. South Carolina?Kershaw District. 0 ffice Court of General Sessions and Common Picas. ? I, M. NAUPIN, Clerk of staid Court, in pursuance of the directions of the act of the Legislature in such case nade and provided, do hereby give public notice, that in election for Ordinary for Kershaw District, will bo leld on MONDAY, the 10th day of May next, at the jsual places of Election throughout tho said District, to fill the vacancy occasioned by the expiration of tho i :erm ofthe present incumbent. k Witness my hand at Camden, 23d day of February, A. D. 1852. M. NAUDIN, C. a P. A Q. 8. March 5. 19?tf ___ Election Notice. ' rHE friends of JOHN R. JOY, announce him ts a Candidate for reflection to the office of Orlinary for Kershaw District. Feb. 27. 17 tf_ T. E. SAUNDERS, 1 Kershaw District, vs. V Spring Term. 1 The So. CA. R. R. CO. ) 1852. ' rpHIS was an action on the case to receive damages _L for a mule killed by tho locomotive Tennessee and 1 freight train, on the So. Ca. Railroad near the house -; jf the Plaintiff. ? ^ The train was travelling from eight to fifteen miles in hour. It was in a very short distance of the mule, [say 40 feet) where it (tho mule) broke from the negro ivho was holding it; it ran quartering with the track, ind engine, and sprang upon the road near the cattle #8 ajuard, was there struck by the locomotive, and its hind leg broken. This rendered it valuless, and it was killed. A Mr. Peoples, who was on the platform, and the run* J tier of the engine, and Mr .Spell concurred in saying that it was impossible to have stopped the engine and prevented the accident So too, they both proved that svery effort was made to prevent the accident from the time the mule was discovered to have broken loose, such as blowing whistle, letting off steam, and the use jf the breaker. Mr. Spell said it was impossible to take up the engine with the train, in two hundred and fifty yards. ' I Mr. G. W. Barnes, who was examined for the Plaintiff, and who saw the whole affair, said the mule broke sver the bars and ran up the track till stopped by the cattle guard. There was no attempt made, he said, to stop the engine. He gave it as his opinion, that the train could have been stopped in 50 yards. The case was submitted to the Jury, who were told that the Company, according to the case of Dauner, tw? a, the South Carolina Railroad Company; 4 Richardson ^ 120, were liable for the value of the Mule, unless they :ould show that the injury done to it was without negigence on their part; that they were bound to show 1 .hat they had used all reasonable care and diligence to j Dreveai ine Hcciuenu ine jury were reierrea 10 me .? svidence, and told if they believed Peoples and Spell, md cot Barnes, then it was clear that the company '9 were pot answerable; all proper diligence and care, aejordjog to their evidence, having been used, and that t was impossible to prevent the accident. If; howiver, they did not believethem. but did believe Barnes, :hen tho company would be liable. J