Camden gazette and mercantile advertiser. (Camden, S.C.) 1818-1822, November 25, 1819, Image 2
h1 1 ? * ? m
Domestic.
NKW-YORK, NOV. 11.
The Seminole War. ? On the 16th
ult. the Legislature of Tennessee
(recollectiug, probably, the old 5 ad
age ? Better late than never ? ) pas
* sexl* string of resolutions in relation
to tile Seminole war. Among other
things, they unanimously resolve,
that, "In the prosecution and ter
mination of the Seminole War, there
is nothing for censure ? every thing
lot approval." They compliment,
in till: strongest terms, the entire con
duct of Major General Andrew
Jackson, and brevet Major General
JLdmond P. ' Gaines ; and voted to
' each " a Sword, with suitable en
gravings thereon, as a testimonial of
the high respect entertained by the
Slate of Tennessee for their public
services." i hey conclude the series
of Resolutions with the following
" Resolved , That the Senators in
Congress from this state are hereby
instructed, and our Representatives
are requested, to Use their best exer-!
thms to prevent the adoption t)f any
toeaanres in the Congress t>f the
United States, calculated to tarnish
thegrcputation of said officers in rela
tion to the manner in which the Sem- j
iaole War was conducted."
A late Jamaica paper nfentions,
' tliat one of the heaviest rain*, ever'
remembered, fell in the town of Fal-'
mouth, Jam* on the 10th of Sep
tember. It was ascertained tyy !a
rain-guage, that the quantity w liich
Jel) In My -jive minutes , was no leas
lhari eleven inches and three quarters.
High handed Itobbery.-*: It is stat
ed in fh v Merchant's Hall Books in.
Morton, that " The American brig
Macedonian . of Boston, ?5 ape Eli
phalet Smith, while at anchor in the
port of GuernieZgJBcar Lima, -bound
for Qanton, paving tin -shore one
t E LI f It ,bHm iffl i Y'tWO |||(j|ISHn^r ClOt*'
lavs, the proceeds of her cargo taken
fVom Boston, "Was robbed of the;
whole amount by Lord Cochrane,
5n the hegining of April last." In
mentioning this fact, the Boston
Daily Advertiser adds the following
remark : ? This appears to be the
money which Lord Cochrane carried
into Valparaiso ton the $lst of June
last. His share of the plunder he
6frers io the Chilian government, in
i\ letter whieli we published a few
days ago, on condition that it should
be applied to the manufacture of
Tockets, and that the account should
bfc placed to his credit on the books
of the treasury, to be paid when the
iadependence of the country is estab
$ Jbhed." r ,
AUGUSTA, HOVEMBfcU 17*
We hail bill a few minutes risen
front the sail narrative of the terri
ble conflagration at Wilmington;
out imagination still broodering over
her ruiifei ami the sufferings of .* :
unfoYtunate inhabitants, when, on
Monday nij;ht last, tne shrill ciy of
Fire burnt upon our ears, and brought
won sensibly home to our feelings
the dangers anil distress e* conse
quent upon such awful visitations.
The fire originated in the Cabinet
shop of Messrs. Dimona'-, on Cen
tre-street, in the lower ranger of
II id*e How ? all of which, (consist*
ing of six tenements with their out
houses) belonging to Messrs. Slaugh
ter, Labuznn, and James L. Oliver,
was soon reduced to ashes. ? The
flumes crossed Reynold-street and
communicated to the store of AJkssra.
Cray ton & Sloan, on the lower cor-;
nrr of jhe U|>per range of Bridge
How, and ? the destruction of this,
range also, at one time, appeared
inevitable ? but by animated and
well directed exertions, the progress
of the devouring element was here
arretted. A breeze from the E*st
now - drove the tUmes across the
street, and the whole from west
range, belonging to Messrs. Leigh
& Cantelou, was destroyed, except
Uieir counting house on the cornet
next, the river. Here, family, the
fire stopped, by the united and ac
tive co-operation of the citizens and
tlie different companies ; and the en
tire square, which a moment before
. appeared to be menaced, with certain
ruin, v%as saved. The amount of
property K^t is estimated at 850,000,
130,000 of which it is stated wer$ in
jured: Never before did we sea the
?exertions of ou* ci tizens better direc-j
ted or more determined. : Indeed, in
more than one instauee, a ftpirit of
desperate daring was manifested,
which however rash, demands our
admiratioi\ became it was wholly
disinterested. .
Last evening an attempt was made
to Are the upper range of Bridge
How, by placing some combustible
materials nnder one of the tenements
? it was discovered in t*^e to pre
vent the least injury, all i tough one
of the sills of tlie building was par
tially burnt. This cii*ju instance
renders it almost certain, that the
fire on Monday night was the work
of some vHe incendafry. let our
Police and Citizens then be .upon
the alert, and linnt from their debs
those midnight pvowders. rAs we
have no regular watch* we would
suggest (he necessity of rigidly^ftnc
ing the Patrol Law#. We have been
too )a&' ii| this regard? indeed so
much ao, that the torch oT the incen
diary might glare in ourcitytfith im
Inmity. It ? not mr irffeution to
give offence, *r to question iTle zeal
and activity of the municipal officers
?they, doubtless do their duty; but
their number is idtoge^her insufficient
for the safety] of the city.
? 1
fcfcW-OKLEANS, OCT. 23.
E&tratt qf ji letter to the editor of ihe Or
leans (gazette , from an officer in the ar
my {dated Camp fti/itey, ( on the Sabine ,)
8/A October* '
'<.*? _ > r v * v ?Xf 2 A ?*. * *
? Since 1 left you in Orleans* I have
seen the papers filled foth false im
ports of a grand expedition under
General Long, in Texas. Tfie im
propriety of such publications T sus-j
pect Is severely felt by tftdse poor de
luded men, who have been induced
to leave a comfortable living in quest
of tnterprize and conquest ; but none
feel its effects so severely aa the in.
habitants of Texas, wliose crops have
been taken to supply the army, and
the only recompense they have now
is General Long's due bills, which
are in no very great credit; 1 have
been", encamped here for some time
past, and have watclied the fall of
this grand army : it h^s met the fate
I anticipated* I can authorise you
to nay that the whole are dispersed or
broken up* General Long has gpry!
to Galvestown to Lafitte : his wife is
landing her fcourse towards the Sa
bine. ? The officers and men are
every dfcy passing in, many of them'
without money or food. Nacogdo
ches is evacuated by them ; only four
or five sick men are left there. A
party of twenty men lock's time ag*i
went towards the Yh-asos ? they are
in a state of starvation and will soon
be in. * '&f * :
Thus ha* ended an expedition,
which was cried up by some persons
as being of much importance, but
netfer exceeded 70 men, officers and
all. It has ended ah I wish all
schemes may end, which are in vio
lation rtf the laws of our country, and
4he laws of nations.
COLUMBIA, NOVEMBER ?&.
The Legislature of this State inet
in this place yesterday, agreeable to
their ad % irnnicttt in December last.
The oenate forme J a quorum and
proceeded to business; the Hon.
James P. Prin&le, late President of
that body, having accepted a dis
qualifying office during the recess,
the Hon. John Taylor was called to
the Chair, ami they ? proceeded to
the election ^>f'a President, when
the Hon. Benjamin Huger was duly
elected.
The House of Representatives
formed a quorum, and proceeded to
hnsiness; nnd at a quarter before
two o'clock, received a Message,
(No. 1.) from Hi* Kxcellenccy the
Governor, by the Secretary of State,
which will I >c found in our pnper ot
this morning.
GOVERNORS MESSAGE.
His Excellency the
Gwrefnor, delivered the following
Message to the Legislature of this
Htefet
Tk the Senate and Jfousc of Befiresenta
,/ tivt* *f the State of South-Carolina,
Felxjow-Citizens,? Since your
last session, nothing has incurred to
impafar the relations of amity sub
sisting between the United States
and any of the powers of Europe,
except With Spain. >Vith her we
have differences, as she has refused
id ratify the Treaty which ceded to
us the Floridas for a fair equivalent.
This country, which neither yields
tier revenue, nor^dds to lier power,
woekl be to us a valuable acquisition,
from its relative situation ; while in
the possession of Spain, it must he
a scource of perpetual collisions with
oor neighbouring states, threatening
sooner or later to eventuate in war.
Public opinion is unequivocally in
fkvor of a pacific system on the part
of the United States, as comporting
best #ith our interests, ns long as
it can lie maintained consistently with i
the rights and honor of the Nation ;
but when thefce become implicated, j
there, cat) be no doubt that there will
always be found in the .breast of our
countrymen, a manly spivit ready to
act iu their vindication. What may
be the result of these differences with
Spain we know fiot, but should an
appeal to arms become necessary,
there is every reason to believe that
the |>eople, mindful of the wrongs
they have received from that power,
Will rally round their government,
and maintain the dignity nnd inde
pendence of the Nation.
The United States present an in
teresting spectacle. _We are exempt
from the religious dissentions, which
iu some countries so often embitter
the initvds of men, and disturb the
peace of sbciety, and iu the interest
which each feels in the liberty he en
joys? ou_ the subject of religion, 4s
found a motive sufficient to preserve ?
it Jo all. It would be pleasant to
dilate 6n these topics of common in
terest y. but I must leave them for the
purpose of briiigiog to your view
some matters ora domestic nature,
involving highly important cousider^
at ions.
Your Judiciary system, gentlemen,
wants revision; allow me to point
out to'you some of its defects, and
of ihe evils resulting from tbera,
and to suggest a remedy. Our Su
perior Courts of Law and Equity
being co-equal and independent, the
determinations of each are final and
conclusive. If the decisions of these
tribunals be discordant, as they are
said to he in some cases of limitations |
ill wills, involving the const rurt inn
of particular expressions, and the
force and authority of technical rules,
it is evident that the law is unsettled
and uncertain. Should two differ
ent and inconsistent meanings he
given lo an Act of the legislature,
one of them must be erroneous, and
he who suffer? from it, may justly
find fault wit?the construction of the
Courts, and his compliant is equal
ly well founded, who, rimming pro
perly under a will or deed, shall bo
considered in a Court of Law, as
haying only a life interest in it ; upon
the construction of words, which ill
la Court of Equity, have been bold
en to craat an alraolute one. It is
[proper to observe here, that the con
Itradictory determinations of the
Courts, if there be any, reflect no
I discredit ou the Judges; the evil
grows oui of the system. Our Courts
too, may encroach on the authority
1 of each other, and having ltt> com
I mon Superior, they cannot be brought
1 back within the limits of their respec
tive jurisdictions. These are serious
mischiefs, W they are not all we
labour under. The Judges, hut
this is more particularly applicable
t6 the common law Judged, behi^s
obliged at the conclusion of the Cir
cuits to hold the Courts of appeal,
enter on this important branch of
their duty, fatigued both in mind
and body, and under other circum
stances unfavorable to research, dis
cussion and deliberation. Besides
the Judges sit on the eases decided
by ^helfifelvs on the Circuits, and
it the consequence be to dispose
them to affirm each others decisions,
or if from jealously or rivalry a con
trary effect be produced, in either
case the interests of tArth and justice
must suffer.
The remedy I suggest for "these
evils, is the establishment of a Court
of Errors and appeals, to l>e com
posed of Judges, distinct from the
Judges of the Courts of I*aw aud -
Equity, who shall exercise the ap
ellate jurisdiction, iumv exercised
by these sitting in the Constitutional
Court of appeals, and the Court of
ap(>eals in Equity. This Court to
be superior to all other CiKirls, to
have, a superintending and controul
ing j>o\ver over theiUj and to he of I
. dernier resort.
With a r view to preserve i?i its full*
ness, llie separate responsibility of
the Jaulges, and to secure in favor I
of its Judgments the attention, pa- I
tience nnd calm deliberation necessa- I
ry in judicial investigations, thenum* I
ber of the Judges should be few-? I
four or five, it is believed, would be |
sufficient* U|)ou the preference oft
an even to an odd number, a po|>u- I
lar writer makes thjs observation 1
| ? 1 shotdd prefer, says he, an |
j even to an odd numlrer of Judges^ I
! and four to almost any oilier : for in I
this number, besides that it suffl- 1
I ciently consults the idea of separate I
! responsibility, nothing can be decided I
but by a majority of three to one ; I
and when we consider that every J
decision establislies a perpetual pre- |
| cedent, >ve shall allow that it ought 1
to proceed from an authority not less I
I than this. If the Court he equal- 1
| ly divided* nothing is dune : things 1
i remain as they weue ; with some I
i^onvenience indeed to the parties, 1
but without t!>e danger to the public, I
of a hasty precedent." I
The erecting of Hiis new tribunal 1
wilt be attended with but little addi- 1
tioual expence to? the public, for as 1
the Judges under tfie present system I
t will be released from au arduous I
part of the duties they have now to I
perform, their number may be di- I
I miuished, 6s soon as it can be done 1
consistently with the constitution. ? I
j.- Aud as there are two vacancies on I
the Common <Law bench to be filled, I
a favorable opportunity is present- I
ed for cairyiog into execution the |
proposed object.
The manner of disposing by will
of real and personal estate, is also a
subject meriting consideration. To
dispose of the former by will, three
witnesses are necessary ; the latter
may be disposed of without a wit
ness.
The reason for this distinction has
ceased long since, and I do not see
the policy of retaining it. A man's
personal estate is often larger than
iiis real, and the same distribution is
made of both when he dies intestate.
Considering the great powers exer
cised by our Ordinaries, knowing'
as we do the incompetency of many
of them for the duties of their station,
and believing as we must, that this
will continue to be the case, so long
as the compensation for their services
shall not bo sufficient to induce fit
men to accept the office. Tt appears
to me, it would be expedient to de
clare, that personal property shall
not pass by will, unless the same lie
signed by tlie testator in the presence
of at least one credible witness, and
that real estate sfiall pass by will in
the same manner as personal. Put
ting the two in this, as they are in
other respects, on the same footing.
Our Penal Code, it is honed, \till
not escape your notice. The expe*
rience which has been had of the
Penetealiary system, is not so satis
factory as to justify me in recommen
ding its adoption, and as our sister
state Georgia is tvying it, 1 think we
shall act wisely hi waiting the result
of her experiment. In the mean
time, it is proper tlrnt we should give
to our present system, all the im
provement of which it is susceptible,
taking care to presejve always a
just. proportion fotwfcen crimes and
punishments/ I know erf no law in
which this proportion has been so
| mucn tUsregardeO, as iij that for tbq
killing of a slave Iiy a white man. ?
lis inflictions for this offence are so
very inadequate to the demands of
justice, that our state has suffered
in its reputation for humanity. The
rules of justice require that the pun
ishment for murder should he the
same in all cases, and it i ? lo be ob
served, that a slave being deprived
of his na*iral right of self defence,
against a white man, the killing of *
him by the latter, receives from this
circumstance* additional aggravation ;
if, however, from considerations
I arising out of the situation of our
country, it should be deemed inex
pedient to apply these Vules to the
| case of a slave, it is confidently l>e
lieved there can l>e no well grouuded *
objection to t*ie annexing of other
severe penalties to the commission of
this barbarous deed. The exten- !
tion of the benefit of trial by a jury, U
to consist of citizens, to this class of ^
persms, for offences affecting life or
limb, seems practicable, and hs con
' formahle to the dictates of ^justice, a* (
it is ju unison with the feelings ofj
humanity.
The act for the relief of insolvent
debtors, has lately received a con
struction different from that which
prevailed in our courts for many
years } and by which unfortunate
persons imprisoned for debt, and
willing to surrender fairly their pro*
perty (o tlieir creditors, must not
withstanding remain in confinement^
at least three months ; a time much
more than sufficient for the purpose
of giving notice, of their intention to
.take the benefit gf the act. While
the late construction is attended with
consequences distressful to the unfor- .
tunate dSbtor, it produces not the
least advantage to (he creditor* It is
confidently hoped, therefore, that the
rigor which it has introduced into the
law upon this pofot, will be found
to he inconsistent with its object,
and that it may be softened,*
It is with pleasure I inform you
that the work of Interim! improve- <
ment is progressing, under a fair pro
spect of being completed within the
time originally contemplated ; and ?
that it promises to realize the benefi-jf j
cial'objects anticipated by the public*
The report of the Civil and Military
Engineer, marked (A.) will > give
you full information on ibis Import
ant subject.
"I- '4LL*'
In order to facilitate still farther
the intercourse between the different
parts of the State, the propriety of
keeping in repair our old roads, and
of making new ones where they are
wanted, is obvious* And if the
opinion entertained by many, be well
founded, that a more direct road,^
shortening the distance from fifteen" *
to twenty miles between Charleston
and this place, ma}' be opened
through land favorable to the under- ,
taking, there are too many consider
ations of public utility that press the
subject upon you, to allow me to
suppose tnat you trill not act on it
promptly.
It is presumped tliat nothing need
be said to invite your attention to the
Militia, as the subject presents claims
of too high concernment to be pass
ed over. Among other advantages
to be derived mm I rendering the
militia as respectable as possibly,
may be reckoned the tendency ft will
have to weaken, in some measure,
the unreasonable jealousy too general
ly entertained against the army or
the United States f a body of m<ta
cenainly the most efficient, least ex
pensive, and best calculated for the
success of military operations. Our (
liberties can be in no danger from
this quarter, as long as our militia
shall lie held in just estimation, and
be composed, as tjhey are at preseat,
of freemen, animated by a becoming
spirit*
As Congress, undev the Constitu
tion, have the power to provide for
organizing, arming and disciplining;
the niilitia, it is submitted whether
it would not be proper to adopt die.
same rule in regard to the promotion
M ; officers, and the formation oi
Rifle Corps into battalions and regi
mehts, that prevails in the army
the United Htatca : in order to ad
vnqoa the general discipline, whq