Camden gazette and mercantile advertiser. (Camden, S.C.) 1818-1822, May 24, 1821, Image 2
Foreign.
NEW -YORK, MAY 11.
Late and Important from &Krope
The April packet sliip Amity,
Captain Maxwell, and the ship Hec
tor, Captain GillWuier, both arrived
jesterdny afternoon from Liverpool,
which port they left in company, on
f the 6th of April; and the editois of
the Mercantile Advertiser have re
. xeived papers to that date, with Lon
don papers to the evening of the 4th,
and -Lloyd's List to the 3d of last
month, all inclusive.
The papers announce the imjKvrt
ant fact that the Neapolitans ha>e
. Failed in their attempt to establish a
?Free (roveifwmerit 7 They have sign
ed a -convention w ith the Austrians,
^ and the war in Italy is ended.
Convention between the Austrians
and Neapolitans.
" The undersigned, furnished with
fall .powers for that purpose, have
agreed upon the following articles :
6i 1 . There shall he a suspension
of hostilities on all the points of (he
kingdom.
* 2. Hostilities shall also cease by
sea, with as little delay as possible.
Orders to this effect shall l>e imme
diately despatched by the two armies.
" 3. The Austrian army shall oc
cupy Capua. To-morrow, the 21st,
lis posts stiall occupy, but not pass,
the town of A versa.
" 4. The occupation of tl*e town;
of Maples and* its foils shall be the]
object (if a particular convention.
"5. The x\ustrian army shall re
spect persons and property, whatever
may be the particular circumstances
of each individual.
"6. All royal .property anil pro
perty of the shite exisiing in the pro
* vinces occupied by the Austrian ar
my, or which it may occupy ; all ar
senals, magazines, parks, dock
yards, manufactories of arms, &c.
ofright to the king, and shall
be respected as such.
" 7. In all tiie placrs and forts oc
cupied by the Austrian army, there
shall be, independent of the Austri
an commander, a governor in the
name of the king. All the materials
of war, as far as respects the ad
ministrative part, shall he under the
royal administrative director*.",
"8. The present convention shall
be ratified by the Priiice Regent, and
by the Baron Frimont, tl?e general
commanding the Austrian army."
Signed at the Grand Priory of
Naples, Jjefore Capua, March 20,
? Baron AMBKOSIO,
" Count FRYNELMONT."
" TUIUN, MAKCII 23. 1
"Tranquillity and onler prevail
in this ' capital. If disorders and
misfortunes have occurred in the pro
vinces as well as at Genoa, to the *
inconceivable conduct of the Prince
Regent alone they must be attribute
ed. The streets of Turin are tilled1
with' soldiers. Numerous contin-1
gents are arriving from all the pro-!
vinces of the kingdom ; Coout 8an'
Rosa, minister of war aud marine. !
has addressed an order of the day to
them. The ltussiau minister has
taken his departure. It wHto be
Imped that the great Powers will not
consent to any attempt of Austria, l<r
Piedmont, as well as Naples, as
that would l>e to give np to fttir the
whole of Italy.
The private letters from Paris
mention, ^hat, by the latest accounts
from the south, the greatest portion'
of the Neapolitan Independent
troops had laid down their arms.!
Some warlike parties have, however,!
continued in the mountains. Gene- 1
ral Pepe and Carrascosa had, not!
been heard of for some days.
PAWS, Af?RlI, 1.
A telegraphic despatch announces
that the Austrian* JEutered JV nvles
on the 2 3th.
NF.W YORK, MAY i 0.
Ivterrgtivg from South pi erica.
By the schooner Logan, Captain
[lolmes, we have received regular
m ? dI Cuiacoa papci* u> the ^jlli
ilf. containing a confirmation of the
ueviou* accounts M that all the ports
ilon<j; the Southern Coast of New
[ireuada, fruin Guayaquil tu Panama
inclusive, and all those of Peru, ex
cepting Callao, by an almost simul
taneous operation, have hailed their
independence/' An attempt appears
to have heen made to effect a coun
ter revolution at Maracaiho, hut this
was defeated by the vigilance of t he
public authorities, who have since
decreed, that the inhabitants shall
swear allegience to the Colombian
Government, and such as refused
were ordered to leave the plrce. It
is stated in the Curacoa Current, that
the rupture of the armistice between
the M^jots and royalists was occa
sione^Poy the treachery of "Gen.
Morales, who attacked a party of
Republicans at the very moment
General Bolivar was negociating
with the commissioners sent out by
the Cortes. The consequence was
the breaking up of the conferences,
and an immediate order to the Com
missioners to return (o Caraccas. ?
W e never entertained the smallest
doubt, but that a renewal of hosti
lities had been occasioned entirely by
the base conduct of the royalists;
and we confidently anticipate from
this event the happiest results to the
cause of liberty.
The later accounts from Peru
mentkin, the royal army of Lima,
which place is closely invested by
General Sao Martin, bad made two
stories, in behalf of which they were
worsted by the Chilians, who pur
sued them in their retreat to the gates,
where, in consequence of the royal
ists having rallied, a severe conflict
took place, which,, however, also
terminated favorably to the invaders.
The Royalists Gen. O'lleilley w as
taken prisoner, besides a number of
others, and the loss in killed is Mated
to have been considerable. During
these operations a great number of
the, Spanish troops went over to the
patriots. All Lima was in the great
est confusion, as 8an Martin was
pushing matters with the greatest
vigor ; while Lord Cochrane con
tinued the blockade of Callao, which
prevented all supplies from reaching
the capital. It is by a miracle only
that Lima can be saved.
Domestic .
Charlottesville, (va.) april 27.
Bloody J&ffair! ? On Saturday last,
a most tragical affray between two
men by the name of Ross and Moss ,
was witnessed at new Canton, Buck
ingham county. \\ e have hail a
verbal, perhaps imperfect, account
of this affair. It seems that Moss
made an observation in the presence
of lloss, which somewhat offended
the latter, who said to the former if
he repeated it, to would shoot him !
Moss repeated the offensive expres
sion, when the other unhesitatingly
drew a pistol,, loaded with huckshpt,
and fin d at his head ! 'S he sliot en
tered his face in sevtral places, and
wotmded him severely ? he immedi
ately retreated to a house a short dis
tance off, procured a gfm, returned
ami fired at Noss, who was on horse
balk, and gave him a mortal wound.
Tlie U>ad entered just above the hip,
and lodged near the heart; lloss
drew another pistol and attempted to
fire again at Moss, but was so feeble
from the wound lie had received that
he fell from his horse, and expired
in about two or three hours. We
have not been informed whether the
wound received by M?>ss i ? consider
ed mortal or not ; but, from rumor
are inclined to believe tlie former to
be the case.
The result of this unhappy affair
ought to serve as a caution to those,
wImi sometime* suffer their passions
to conquer their reason ; and w e hope
it may never become our painful flu
ty again to notice an net so deliber
ate and so bloody.
ZANESVUJX, (OHIO) APRIL 21.
On Thursday afternoon last, we
witnessed the novel sight of a large
waggon tno>ing thrown ilie siuvi.-.l
without the mil ot steam in* !n?r???
power! This singuUr pitte <>i
mechanism was invented and twi tot
ed by Mr. James C. Alexander, s\ i?
ingenious and enterprising xenlteuva:
of ibis place. 'I lie vehicle is so |
ported upon three wheels, two be
hind and one- lnsfore; it is pN>pell?'<
by the lever power. applied ascranks.
as treadles and hand levers. ? Then
being (wo of each of these, two per
sons may conveniently work at cmce.
one of whom may steer the carriage
by means of a tiller rope, communi
cating from the fore wheel to the cy
linder, on the riglrt of the |KA'son
engaged in tiie stern.
MOBILE, APRIL 3.
Extract of a lettevfrom Col, San -
I tiago Mordella, of the Mexican ar
I my, operating m Texas, tf*an Officer
I of the U* S. army at this place dated
I Fort Boliva, Jan . 10, 1821.
" 1 take this opportunity to ac
I quaint you with our a*ntAt at this
I fort, and the commencing of oin
I operations agaiustthe royaliatsT-b^
I taking from them a fortification on Uk?
I mouth of the river Trinidad, with
I four 6 pounders aud 160 prisoners,
I and ?00 deserters to our stamhvrd ;
I our Ipss consisted in 12 killed and 18
I wounded. J
1 " W e expect some provisions from
I the United States, and some officers
I with 900 wen, aud as soon as they
I arrive we Will march to St.- Antonio.
" Tim day after to-morrow, I am
I ?>?',na *? tat? * a H^hki de St. Ber
1 nardo, defended by SCO men and 10
I pieces, hut the mm, who are Creoles,
I are waiting for ns to join our cause.
I Gen. Guajosse Victoria is 200 leagues
1 from us, intends to form a junction
J AWtli us as soon as we fortify St. A.
| and march to the interior, so he will
] form a division in our favor, and call
J the attention of Gen. Arredondo's
1* army. Our force will then he 1 1,000
men, and master of 4* provinces^*"
CHARLESTON, MAY
Fraud in Cotton. ? Another
stance of the detestable practice of
fraud in the packing of cotton, was
detected in this city on Friday last. ?
A lot consisting of fourteen bales at
11) 1-4, and three bales at 1-2
cents per lb. was purchased liy a mer
chant in King-street, on examining
wind) it appeared that seven Jjales of
ihe former, anil me of the latter,
consisted of very inferior quality,
ingeniously plated on the outside to
the thickness of froui 2 to 3 inches
with prime cotton, The whole of
the eight bales were adjudged, b%>
four respectable merchants w ho were
called to examine the same, to be
worth not more than 7 cents per lb.
with the expense of meudiug and
repacking charged thereon.? It ap
pears from the certificate of the per
sons who brought the cotton to town.
! and sold it, that it was owned and
i packed by Cteniins M'Gurrity, liv
ing on bugar Creek, in Union Dis
trict.
COLUMBIA, MAY
LAW INTELLIGENC
liichlandy A/arch^ 1821.
William hcorT, vs. Samuel Wilson.
This was a rule against Eli Ken
nehly, Esq. late Sheriff of llich
land district, to shew cause why lie
should not be attached for not making
the amount of a fi. fa. lodged in his
office, in this case. He showed for
cause, that he had levied on the de
fendant's property, and advertised
the same for sale, with notice that 10
per cent, would be demanded of the
purchaser, if the terms of sale were
not complied with ? that the proper
ty was bid off, and the purchaser
paid the 10 par cent, but refused for*
ther to comply with the terms: lie
admitted that although he was re
quired by the plaintiff to re-sell the
property, and that although notice
had been given to re-sell if the terms
were not complied with, he did re
fuse to re-sell, on that day and the
day after. The presiding Judge,
after hearing the case, discharged
the rale; an<l a motion was now made
to revert* that decision, on tfie ground
that it was the duty of tlnrBheriff to
ir^n '.u.ivuV;aul y, it' v t ? c terms of
the ^le wne not complird widi.
Mr. Justice Johnson ilcliveiod the
/
opinion of I lie Court.
I lie ads of (lie legislature, re%n
"ilUlTfg HT:riiIF"s salts of pioperty ta
ken in execution, are themsel\es in
volved in some ijltscuijty ; and the
contrariety of usage under tl>em in
different pnrts of the state, has been
productive. of still greater confusion,
Liud in some of the districts the lodg
ment of an execution in the HherilV's
office, is, in practice, hut the incipi
eut stage iu the troubles which attend
a, law suit. , For tlie plaintiff to
dance attendance on the Sheriff from
sale-day to sale- day, and from term
[totems ayi*! obtaining rule after rule
[against him, and to seen almost every
[day 5 and in the ewnt of his ulti
Imately obtaining an attachment
[against him for neglect of duly, it is
Inot unusual to find it placed in the
I hands .of a coroner, who *?? ppflnpg
[his deputy or jailer, and one case has
[occurred within my own knowledge,
when an attachment xwas granted
Ugaiust the coroner for not doing his
[duty ou an execution against the
j Sheriff, and another against Ihe
Bhrriff for ?ot attaching the coroner,
tin this situation they bij defiance to
[law, as 4 here was no one to execute
(its process: and this farce was play
Jed off for several years, to the great
[prejudice of honest "creditors. To
I reduce order out 6f this state of things
J is a matter of some difficulty^ and I
J Tear the court want the power in
[some respects ta do so; hat it is of
1 the utmost importance tj?t the court
I should promptly settle, as far as they
lean, all the questions which arise out
of it.
The act most directly applicable
to the question arising out of this case,
is tlic act of 1796, entitled * an act
to prevent debtors fiom purchasing
repeatedly their own property at
Sheriffs sales; and for the better
Testation of Sheriff's and other sales
at auction." The substantial provi
sions of it are, Uiat evjiry pun
at Sheriff's sales shall, if lh^
tiff desire# and direct* the
which the plaintiff' must ?
Sheriff notice in writing in tiqie to |
enable him to insert such notice in ]
one of his advertisements,) immedi
ately after any article of property is
knocked off to him, pay into the
hands of the Sheriff, a sum which
shall be equal at least to ten percent,
upon the amount of his purchase ;
and if he should fail or neglect to
make such payment, the Sheriff
shall Immediately set up the same
property for safe qpon the spot, and
upon the re-sale, the Sheriff is for
bidden to receive the bid of the first
purchaser. And 44 if any purchaser,
after paying the per centage afore
said, shall fail or neglect to comply
with the terms of the sail, all the
money so paid shall be forfeited to
the plaintiff in the execution under
which such sale was made," w
is to be applied first to the \
of the costs, and the surplus, ?
to the debt. 8 Brevard, 218, Si 9.
. On the construction of this act, it
i$ contended that, the immediate pay
ment of the ten per cent, required by
the act, was intended as a security,
in tl?e first instance, that the pur
chaser would comply with the terms
or the sale; and secondly, that it
should operate as a penalty upon him
in the event of his refusing to do so,
and raises a strong presumption that
it was not contemplated by the act to
require him to pay the whole pur
chase money immediately on de
mand, and gain to the purchaser
further timeja comply with the terms.
There are, however,' strong reasons
opposed to this construction. 1 can
not believe, nor can I collect it from
the act, that the legislature ever in
tended to protract the payment of
judgments by pajmentsin instalments
of ten per cent, from sale day to s*le
day. The occasion which gave rise
to it is expressed in the title of tlie
act, and is familiar to all ngr bre
thren ; and the very mischief which
it was Intended to prevent, will be
legalized by this construction. The
provision, that the first purchaser's
hid shall not be again received, im
1 ! I i
! t ft n*?- r
poses no restrain!. Ii ihe d<
can mu?ter u*;i fricuds o,? i ?r<
sions which in* 111:1 \ al\\:i\s?L>
ten per n-nt. in ItU pocket. In* i
time and loses nothing. H\ ihe \ t i v
to I tus t,t the act it is to Ik' appTu ;!
fir^t to the pr.vmeut of ihe cosn, am!
tin 11 the/^Tcbi. The act, as I have
bel\ ?ie/ 'remarked. does not jicwt |??mo
the t'une at which t lie j ?n?jiei J> i* to
lie re-sold, and I think weou^ht not
to do so by cons4i net ion, In this
respect, therefore, the law oi.^ht to
stand precisely as it \\a^ before. ?
Here I am met with the act usually
called the vendue act. This c t pro
vides that '? every person who ?h ti
purchase any lands, slaves, houses,
horses,' cattle, shij)s, boats, or other
vessels, goods, ware* and merchan
dizes, at any public sale in this stair,
and which purchase shall he enkvr.l
in the hooks of the vendue muster
selling such property, such per o:i
ie\"sin<i rtn< cTVj ( -
tion of the said sale, within sewn
days thereafter , shall he liable to all
losses thereon to the original ow u?
andior the more speedy ascertaining
said losses, the vendue masters are
autlrorised to re-sell, after gi>ing
seven tlays notice. ? This act, u is
contended, allows the purct:..rci'
seven days at least to comply \utli
the terms of the same.
ir 1 wei^e now left for the first
time to [Hit a construction on this act,
the first answer 1 would give to it
would he, that it has no relation to
sheriffs' sales. On looking inio the
whole act, it most obviously appe u s
Khat the avowed object of it was to
' regulate sales by vendue masteis,
and not sheriffs. This is admitted ;
bat it is said that the principles of
lite act have, in usa^e and the de
cisions of the courts, been constant
ly applied to s her ills' sales; and if
L this he so, it would be inexcusable
' to controvert its correctness, nor do
1 think it necessary lo the present
occasion. This act does not forbid
:*n immediate re-sale, .and makes the
*e?en days BQtice necessary only to
charge the first purchaser. There
must be a leciprocity in every Wg^il
purdiMer tew a
right to seven days to tletfi^nine
l^ifer hewill or will not comply
with the terms, the seller, or to ifce
the terms of the act, original ownei
ly may re=
choose. No ia uwtitj
purchaser, and the effect is that the
seller looses his remedy against him,
for any losses Whi(h may be sustain
ed. Upon the whole, it appears to
me that sheriffs' and other public
sales are precisely upon the nafae
footing dPall other contracts for the
sale o? property ; unless when they
are regulated bv positive law, and
tlien the law makes the contract for
them, with the terms of which the
parties are hound f|T
Let us then apply
to the present jcase, In
of ^positive law neithi
hound by a sale at
?*m,
? 'vmvim "J nwiV TV
the thing sold was delivt
cepted. v _ ^:rW, Wm<
The vendue ad
the purchaser for
may. he sustained,
ply with the term)
the mode of ascert.
pointed out. The .<
quoted; usually called tlie
cent, law, however, author^, ...?
plaintiff to demand ten per^cejit. and
if it be not paid, he may re- sell im
mediately ? and the
that demand is to to
ed put ; and these acta,
ther, constitute what '1 1 0.
conditions of the contract
the parties.
If the plaintiff therefore, de
mauds and receives the ten per cent,
in the manner prescribed by the act,.<
the purchaser has complied with the
condition of the contract between
them, and nothing more can be re
quired of liim, unless he chooses to
comply fully witW the pdfrchase ; and
for tbis, the vendue act gives him
time. If the ten per cent, is not de
manded, llie low stood as he/ore
thnt nrt. If the ?eller thought 'pro
per. lie mnv chargpTBF ptircl