The Carolina Spartan. (Spartanburg, S.C.) 1852-1896, July 02, 1857, Image 1
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THE C AROL IN A SPA I {TAX.
BY CAVIS & TRIMMIER. DcooteiJ to Southern iiif(!)ts, Politics, Glgriculture, nuiJ litis ccUnnij. 82 PER ANNUM.
VOL. Xiv7 SPARTA NIHJRG, S. C., THURSDAY, JULY % 1857. NO. 19.
???????? ?? ??1 ?? ????I
THE CAROLINA SPARTAN. ] >,
BY OA VIS <fe TltlMMIER. !
! J
T? 0. P, VERJTON Associate Editor.
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CAROLINA SPARTAN. !
For the Carolina Spartan.
WHITE FAWN AND GOLDEN EAGLE. 1
<
A TALE OF INDIAN LIFE. s
Indian Story?both legendary and historic?which
has boon prosorvod by tradi- '
tion, or created by tho tasteful and happy 1
conceptions of genius, has never ceased
to intorest tho cultivated inind of tho supo- j
rior race, which occupies tho wido plains '
and rich hunting grounds of a people 1
now almost extinct. Evon nations perish J
and pass away, whilo othor nations succeed *
them, in the unceasing changes on the sur- I
faco of our planet, liko tho growth, decay,
and reappearance of summer vegetation.
Who were tho red men? To whom wore
thoy akin? Whence did they come? We
know whither they depart; but what of
their origin? What afliuity had thoy with
other and older nations; and with whom?
llad they improved from a still ruder and
Jowor race; or had they lapsed into barbarism
from a condition of higher civilization?
Are theso tho wanderit.g sons of lost Israel?
Who shall declare their generation? Full
woll we know the exodus of tins strange 1
peoplo?their genesis must remain, fur the c
present at least, envoloped in the mist and 1
darkness of the unwritten past. ^
The literary world aio indebted to tho v
gonius of Mr. (Joorgo Call in fur much ac v
curate information of Indian character and r
Indian customs and manners, derived from 1
personal observation, and preserved by a 1
skilfull use of hotli pencil and pen; while tho
rich and varied fancy of Mr. .1. Feni '
more Cooper has added lustre and wealth '
to American literature in his unrivalled 1
Indian fiction*. Capt. Marrvalt lias gather 0
eu nowers ill mo suns item; wniie .wn
Sigournoy, in one of Iter fugitive pi.-co-, <>n "
Indian names, lias invested the general
subject with ihe warmth and sympathy of '
true poetic sentiment:
i. ?
"Ye say they It ivo nil passed away, li
'Flint noble race and brave; ^
That their li ^ lit canoe* havo v. ilia lie-1
From oil* the crested ware:
li. ?
That mid the forest? where they roamed, j*
Tie-re ring* >? ? hunter'* shout, lint
their nanu* is un your waters? s
Ye may not wash it oat! ^
in. o
'Tis wheiv Ontario's h'.llnw,
Like ocean surge is curl Where
strong Niagara's thunders wal.o |
The echoes of the world:
tl
j a, ,V' K
Where red Missouri brmgeili?
Ilich tribute from the West, y
And Rappahannock sweetly sleeps ji
On green Virginia's breast:
V* I
Monad nock, on his forehead hoar,
Doth sea! the sacred trust,? f<
Your mountains bu ld their monuments, v
Though ye give the wiuds tlioir duut!"
About llio year A. 1). 1720, a young 1(
..... 1/ :i _ ; f /- > i . .I'
nirtu ut j.imny, residing m * uariesion,
Suiith Carolina, became involved in a jiorsonnl
difficulty, and unfortunately shot an of
^ ficcr of rank and position in the colony; for "
which oftcnco ho would probably have sufferod
the extreme penally of the law, had
ho uot lied, as there was much feeling oxci. 1
ted against him in the community. 11 is ''
first purpose was to rotreat into tho Indian M
country west, and remain until tho popular *'
excitement had abated, and then to return '
... . . \
and submit to a judicial investigation of his
crime. Hut mingling freely with some 31
friondly tribes, ho soon becamo enamored
of tho wild freedom of Indian life, and spout w
nearly all his after years among tho tribes ,l
of Western Carolina. It was only when
ho was far advanced in ago, and long after (
ho had boon given up as lost, that ho found
moans and inclination to communicate onco n
moro with his family. A journal kept by R
young Penneau?the Huguenot exile? 81
which subsequently passod into tho possos- w
sion of his only surviving sister, has fur- ^
nishod tho principal far.<4 of tho following 0<
talo, which have boon deemed of sufficient n;
inlorost, as characteristic of Indian lifo, in
tboso early periods, to justify their publicalion;
and especially so, as the actors and (y
parties interested in, and affected by them, w
havo long sinco passod away. At the period
of which we writo there wcro two largo I ?'
and poworful Indian tribes inliabiting con- :
tiguous portions of tire more lovol piano :i
country, oast of tho Hluo Ridge mountains sl1
embracing all tho uppor or western part of r0
what is now known as Spartanburg I)i strict, a!
and a part of tho eastern, or lowor portion of k'
what is now known as <Jroi nvillo District, cx
LI)is area is comprised, in great part, be | w
;ween 15road River on llio north, and the n
Stioree on tho south. ] 0
Tho tribo occupying tho region of tho w
I'ygor rivers, extending to tho Knoroo on b
ho south, wero known as tho Ckemui trib^, m
Children of the Sun;) and that spreading b
jver tho Facolet region to liroud liiver, on b
.ho north, wcro known as tho Cholesadns, g
jr Woif-Killers. j hero was no certain and b
well defined boundary lino to mark tho dis- h
section and extent of Chonua, and Cho- lc
osada jurisdiction. Tho uncertain extent g
sf territory belonging to any particular st
ribe, with respect to a neighboring tribo, g
uid tho frequent depredations of the one ' w
ipon tho other, often let! to sanguinary i tr
:ontlicts. i al
It chanced with tho Chennns and Cl>o- i b
csadas that hostility was prolonged for a ,
rent period by a dispute as to tho proprietor- r<
ihip of a hunting ground, lying on tho ; L
iouth sido of Lawsou's Fork, immediately , si
rhovo what is now known as the Hickory- <
rut-Gap road, both tribes claiming tho field h
,>y prescriptivo title. This feud became lc
rereditary, and was bequeathed from war- \
ior sire to warrior son, on both sides; ami tl
bo proscnco of cither party on that hunting ci
round was tho signal of battle to the other. I a
Japtivos wero taken on either side, but ' s!
generally they never returned to their tribe, u
o toll the story of their captivity! This a
lational and inveterate hatred of Chen- w
m against Cliolesada, and Cholesada tl
igninst Ghonna, was greatly aggravated by o
in event of great interest to those hostile j p
ribes, which happened during the peiiod ' ti
>f which we write. 1 *v far the niost numc- : t<
ous, anil tho most warlike and powerful, of | \
ill tho Carolina tribos of Indians occupied a
ho region of tho liluo liidgo mountains, c
vest of thoChenna and Cholesada territories, it
extending along tho lino of tho mountains p
or more than 100 miles. It was not un- h
onmioti, at that period, for llio chief of one N
ribe to form a matrimonial alliance in tho h
amily of a neighboring ch'.of of nny tribe, n
villi whom his people wero not actually at d
var, nnd had no subsisting ground of quar- tl
ci. i a ua 0011 (signifying i iitinaer-v. louu j p
lie renowned chief of tlio \Va whs, or it
nuimtain ltl*o, had a <l-i?ig!it?.r, .is disiin |,
juished for beauty as her proa I siro was |i
loted for bravery, power and command. w
L'his Indian belle was called Sa-na-sa, or ti
he U.tinhow, a beautiful anil poetical en- u
option, symbolizing the glory, ornplondor,
?f the thornier cloud', as .she was the j?ii?l*> t(
md oinament of her father's liouso. j sj
O he too 11:1, the chief of iho Chennas, j h
nd \V"a e ta, (['anther,) the chief of the ! fi
'holesa las, had both paid their respects, g
lot to Sa na na, the daughter, but to \ a-n i n
oil, the great warrior, as suitors for the u
ihiuI of the beautiful princess. a<
At last O ke too na, (a name signifying l<
. son or prophet of the Great Spirit?or ju
avored of the gods.) as ho was the wealthier
uitor, and could pay larger bridal ti.bute n
o Va-n.a boll, and because he was the u
father" of a greater number of braves, ob- K
aine 1 the prize?the gift of Sa-n i-sa?the j b
tain bow, as his bride, and roturned in tri- ; si
impli to tho Cheuua domains. Fires were ! e?
indlcl?boasts wore slain?feasts were
;iven?songs were sung?the "groat dance" ti
itdulgod, in token of success and triumph in
ver tlio long hated Cholesadns. \v a e-ta w
ore his failure with sullen silence, and af- h;
3ctol inditrerenco, but modiuted deep ro- si
ongo, and his tribe fully participated his
jeliugs, on account of this new source of L
at red toward the Chen tins. Years passed m
n and away, and many wore I ho conllicls M
etween Chcnna and Cholesada. Xo abate- tJ,
:icnt yet ensued to the hostility between ti
(ho Children of the Sun" and the fierce st
Voir Killers. Thcro were uot a few instan- tl]
os in which warriors, on either side, clinl- d
ingod each other to single, and nearly al- m
o..u 11..*i. 11 *
? f?J a Iivavujr , ? IHI o|?v?n I IXIIIK', ur
5tnal)!\wk. Tu iKeso single combat?, Ben- ! 0(
a-boo, (Bright, or (iolden Eagle,) the son of cj
Va-ota, the Cholosnda chief, had greatly [,j
gualized his prowess and skill in llio use jn
f weapons. Ho ornamented his wigwam < ?
rith rnoro than three scoro Clionna scalps,
nd ho was looked to by tho tribo as the | m
lturo victor and ultimate cou<]uorer of the ,n
'henna raco. ,n
A scouting party of the Cholesadas tnado lh
11 incursion to tho territory of tho Chonnas, di
nd succeoded in capturing by stealth a b)
nail hunting party of tho Chonnas, among wj
hom was La-oo-na, (White Fawn,) the m
aughtor of O-ke-too-na, tho chief. I,a- til
D-na was tho pride of her nation, and her ke
amo was indicativo of great beauty and na
iveliness. Theso captives wero borno swift ru
' away, bound on horseback, to tho nearest pa
holosaJa settlement, whore Lcn-sa-boo,! loi
ilh many warriors, was cncampod near th
ie disputed hunting ground. Tho place in
' execution was, as nearly as can now l>o de
ccrtainod, on tho summit of tho hill, half lal
milo north of Lawson's Fork, whoro that IL
roam is crossed by the Hickory-Nut Cap in<
ad. Tho captives wore closely confinod ha
id guarded during tho night, and on tho na
llowing morning wero brought forth for
oculion iu presenco of the assembled ' di<
N
'firrior*. La-oo-nn was calm, unmoved*
nd firm as a veteran chief. '1 he blood of
> ko loo nn and Rainbow mantled her face
ith scorn nnd defiance. Her flowing hair,
lack as the raven's wing, flowed loosely
nd beautifully to her feet. Her straugo
ut glittering headdress decorated her
row. l'roudly she faced the scene of daner,
and gazed on the green leaves and the
luo sky for the last time, and awaited her
our. Len sa-boo, tho chief, was observed
> bo serious and taciturn, lie delayed to
ive tho death signal; and seemed, at times,
rangely moved. Dark dissatisfaction hoan
to manifest itself among the Cholosada
amors; and one of tho oldest braves
IQiitingly inquired, "if (lolden Kaglo was
fraid of fainting at tho sight of Chenna
lood!"
A glance of bitter contempt was all the
jply to this marked insinuation. At length,
.on-sa-boo, approaching La oo-na, asked if
10 would beg for life? "The daughter of
?-ke-too na can beg nothing of a Wolf
[iller," was the indignant reply. Rut,
>oking into the sad faco of Len sa-hoo, tho
Vhite Fawn discovered something more
inn n purposo to humiliate the (Jhcuna
sptive, and seemed half to regret the stern
nd prou I reply she had ina<le. lie turned
owly away, and gave an ord?T. Tho
tale captives were instantly led oil'to death,
nd two fleet nnd spiiitcd Indian horses
ore led tin to Len-sn-boo. Unon one i.f
ipso ho seated tlio waiting La-oo-un, iho
llior be proudly mounted himself, ami
ointcd to the south ? to the Chcnna cuiin y.
Away thoy flew, and woro oon lost
> the viow of the Uholesada waniors.
Vhat passed between the Golden Eagle
nd White Fawn on this journey none
an tell, but all can conjecture. Conduct
ig his captive to the neighborhood of her
eople, he returned to his camp. Hut he
ail suiTerod in the estimation of hi> braves,
loody and sullen, ho took no pains to re
istate himself; but encountered danger
lore rocklossly than before. And to show his
is regard of peril, ho went alone, armed for
10 chase, to the memorable hunting ground;
iercod a fine deer with an arrow, dressed
, kindled a camp tire for tho night; ate
1\ ve??is. a, mi l slept ond!\\ H" find
boon closely observed, and ore hi-. i '-t
'as taken, he found himself bound by h
io b . els, ami led towards tbe settlement
f the Chennas.
L"li-sa*boo carol little, lie had I d
ie Cliolo* id i> t > victorious fight?lie had
a?ii the Cheuti i in b iltle?he h i I taught
is people to meet d mg r, by flood and
eld?he had shown th??in an act of noble
(moronity?be had p ir I I for hinw-lf
either renown am mg the Cholcsada-* nor
tcroy from the Chonnas, bv this iiobh^t
:t of lii.s life?ho was ready t<> din mi 1 go
> llio Great Spirit, and toll the stoiy of in
iro 1 life.
JIo was instantly recognised in llioChcna
cainp by a hundred warriors who had
lot Iiiiii in the field of deadly conflict,
ach one thirsted for his lifo?each had a
rothor, friend, or comrade slain, whose
mdo called for atonement, lie was mock
1 a- the "alcopiug brave"?as having been
eserted by his people?a- deserting his
ibo?and in every other niodo in which
idignity could be shown him. Somo
ouId know if lie wanted to parch iso life
y flight?or by a surrender of Chenna
:alp3?or by knooliug as a slave.
Unmoved amid ail theso bitter taunts
eu sa-boo surveyed the hostile horde with
lajestic calmness and unrutfl *d c unp mii .
orning came?the last morning for (> >1Jti
Ivigle?and the stake was prepared ?
io pine faggots collected ?the warrens
i iiiiii one 1 ? ami Lensidmo prep are 1 to
eel his fate. In consi leration of hi-. social
sliuclion, as the sou of a chief, he was porittod
to sing the death chant, which i? a
cital of the principal actions and history
' his lifo. Lon-sa-boo proceeded with the
innt?reciting battles?chases?and oxhitions
of skill and bravery. Among other
cidcnts bespoke >f 1?is releasoof La-oo naf
this fact the Cbcnnaa were entirely
norant. La oo-nu, either from maiden
odesty, or fear of censuro, had never com
unicated this fact, except to Sun sa, hoi
other. On the mention of the n imc of
o White Fawn, a great sensation was proiced,
and her name was rcpeate I al nnl
r thoso who hoard it. This reached tin
igwam of < >-ke-toona, whore La oo na re
/lined. She was unconscious that the cap
to was no othor than Golden Ivigle. Ohloo-na,
enraged at such a use of the
nno of La oo-nn by tho (lliolosada captive,
shed up with drawn tomahawk to des?
.tell Lensa boo with a single blow. A
ud scream iutorruptod tho m >voiuont, and
o blow was suspended. La-oo-na stood
tho midst, and throw herself before her
lirercr, crying, 4,Len sa-boo, lakolsada!
kelsada!''?("Goldon Kaglo shall not die!
o shall not dio!" O-ko too-na, yet more
sensed, wavod his battle-axe, and would
wo sacrificed both in an instant; but Sa sa,
his wife, caught his arm crying
fa na-3.ida! ? nana sad a!" ? (Lot him not
j let him not die!) Tho mother stood
! bv the daughter. Only woman know* th<
i strength of woman's love. La oo-na wouk
j have perished with hor deliverer?Sa na-sr
would liavo perished with her daughter
Tho Chenna chief rotiroJ, in sullen con
tempt and anger, to liitt wig wain. Soor
his natural aiToction, and a -pirit of gcno
rosity, provailod with O ko-too na. lfecall
cd a council of his braves, and stood uj
bcforo them; and with a kingly inajest\
pronouncod his older.
"I am," said ho, "the falh'ir of my peoph
? lam tho enemy of tho Wolf-Killer. 1
spared not in battle?I turned not from tin
foe. My tomahawk drank blood?I atone*,
for tho slain of my people, lint I am t
father. My daughter, tho White Fawn
j is with you this day. Slio was enptivo t<
! thy Wolf-Killer?she might have been sac
; rificol?(iolden Eagle saved hor. Ken sa
l?oo ?lcw our braves in battle?wo slew tin
braves of tlie Cholesadn*. hon sa-boo wa
'j brave in battle?he proved generous in tin
' day of his power. I cannot kill my ivif<
i and daughter. They will not take the lift
i of Ken sa boo. Kill me, if you will, am
, choose anolhor father; br.t Lcn-sa l>oc
1 shall live." With this Jocidon tho warrion
seemed satisfied, and < rolden Eagle was re
leased, and tho While Fawn was given U
hi in in presence of his people.
Tho destiny of hen sa boo was strnngolj
' changed. 11 o knew he might not rotun
to tho Cholesadas, who would have scornei
I his companionship. Jle could not turi
< 'henna, and become the e emy of his race
lie directed his footsteps, with La-oo-na
i his bride, toward the seeing sun, when
they became the progenitors of a noble rac<
i of "bi ares.''
Ouco in twenty-six moo.is ihov asxreet
to revisit tho sceno whero their deslinie
became united forever. And tliey agrcet
| ?t!io (treat Spirit permitt ig?they wouh
make that same r-ito the pi .ceof thoir spiri
i abode after death.
| Long after Leu sa boo and La oo na hm
, | slept in death, the Chenna reported the;
j could hear, during tho silent hours of night
when tl?o moon rode high in lieaveu, tin
| joyous Mont of a fawn, ami the triumphaii
1 scream of ail eagle, in thn thick grove im
m-vli.itolv below the ! t to-wn, or Hii
Spiii.g llut \\ hf?tlior this was real, or im
'iiii.' --, no one could certainly know.
Tlie diout of tlio warrior i* no Ion
heard? tlio I''cs of revenge h i lunger bun
?the song ami the dance no longer iiuli
cite the presence of battle tiophies?tin
wigwam ami the re.I face have together bis
! appeared from the spot where I.a ou n:
saved Jem sa-hoo from (ica'.it. 1 lie gotilli
! hill still stands covered with voting pine,
ami waving grtj....
! The Haw-to wa still sends forth its cloai
ami gushing waters whore those thtillint
incidents occurred. It has long since lost iti
Indian nam ; hat ha been known from tiim
i immemorial by its Englhdt equivalent-J
"'rhe Hig Spring." A placid lake of pure
clear water, where shoals of tish dispor
' themselves, u >.v covers the valley where tin
Chenna-. heard '.ho fawn and tlio eagle In
ii imilighl. A town has grown where tin
f nest unco slo" I. n far frnn tlio tnotnora
bio lull; nn<l a Female College now llour
Uhes not half a mile from the seano wher?!
Invo proved its. t stronger than death; aiu
maidens as beautiful and good, if not a
brave, as I.a oo-na, often linger around tlx.
|?!ace, and cultivate tlieir taste, and in
dingo a I >vo of nature, all unconscious thn
here sb? >1, in ho'v all 'ilion, the brave trol
'on K igle and the beautiful White l awn
Spaki wiu ioi, lime, 1857.
?
1 I . \ . IJltOAUCAsr Sbedinu.?
II iving notice 1 a number of ditVerent opin
i ions in regar 1 t>? drilling and broadcasting
I am willing t> give tin experience on thi
subject. I purcli i-i I, in company with t
1 neighbor, a drill ?>f J. M. Harvey an
Son's inanuf icluvo, Amsterdam, N. V. (.1
| 1'. Koss's patent.) In the spring of 1855
the tirst sow ing w is a piece ol spring wheat
I Not kn ovitig anything about the drilling
-vatern, I -owed part with tlio drill atn
pirt broi least iii the same held and in tlx
same dav. Tli ,t put in with a drill w v
more than a quarter better than that sown
broadcast, h >:h i: -Iraw and grain. 1 Irietl
: my ivis in Mie - vine manner; they were a!
so bcttei where thev were drilled. I have
sow 1 all my grain ^ nee with tlio drill, he
iiiif - ir.-iif i uiai u i> 1110 on y proper mem
el of | lilting grain into llio ground. My
neighbor, ill in|,is l? i.'kwlioat, had
put > >wn w i. i tli di ill urn! part broaden !
mid when hnrvist< 1, tin- <ii died was tibotil
half bettor; it w .s n'l well t" led, while tlx
broade ast u is hardly filled ?both pill in
tiio same day and in the >11110 liold.
I think it is hotter on other nceount.than
broadcasting. It saves n quarter ol
tho seed; l?)>i les it cnltivati > the land, and
loaves it in good condition for the crops,
hotter than can ho done with the harrow
Tho grain is all put in at an even depth in
tho soil, and I am satisfied that it is a paying
machine.
I also have a thresher and mower, and
1 think they are good run nines; 1ml mv
drill pays 1110 the most of any. It takeless
lime and seed, and hotter* the crop, and
in dry seasons tlioy ate indispensable
Knowing what I do ah vat tl e drill, I think
farmers cannot afford to ow broadcast ii
I thev can obtain a drill, i would like t<
j have others give their v\,>< riein e on lli?
1 nil'- anhie.-t. 1 / >irnirr
51 I'rotn tlio ClmrlcKton Mercury.
i The Dml Scott Case.
i Mkssrs. liorroits: Thia ca*o having excited
so much attention, both from its importance
and novelty, it may not bo altogether
uninteresting to know that one of tho points
1 mooted by it, and aUo novel to us, was het
tied "of old," ("anliquitus,") by tho Roman
- Law, vii: if tho slavo of a Roman pnssed
, into the territory of a people by whose laws
he ceased to be tho slavo of the Roman,
: and then again returned eithor to Roma or
j any State allied with her, his master's right
) to him (and, if a female, to her issue) im|
mediately revived, and was, in fact, cotisid,
' orcd as norer suspended.
I This was by the .Ins Poetliminii; which,
in tho few remarks wo shall hero make, we
1 shall not attempt to discuss fully. This
, would bo not only unnecessary, but beyond
> tho ?copo of our purpose, as wo merely wish
brietly to indicate tho strong, and perhaps
curious coincidence, between the Dred Scott
case docision and the Roman Law. Intend5
ing, therefore, to confino ourielvos strictly
i to tho caso of slaves under this Law, we
, shall at onco give our authority for applying
it to them. It is as follows: "Postlimi'
, niuin omnibus homiuibu* est, cujuscunquc
5 soxus condilionis vo sint, nec interest liberi
! an servi sint." "All men, whether bond or
> fee, enjoy the law of Postliminium."?FY.
# 1 19, 10 do capt. et do Postl. (49,16) cf; also
fr. 12 7?14; fr. 10, 5, C, and fr. 30. b. t.
"Postliminium," says Paulus, "is the law
' by which we recover from a foreign state a
thing lost, and of restoring it to its pristine
r condition." ("Postliminium eat jus amis,
stc ret recijr.enct ah rxtraneo ct statum
j i pristinum restitucntht")?FY. 19 pr. h. t.
rrom m:s 11 touows mat a slave, winch
1 was lost to his Kotuan owner, by coming
into the possession of some foreign people,
and then again recovered froin them, vns
e restored to his former stato, i. e. became
again the slavo of bis quondam owner.
Modern writeis upon international law ful
ly admit that thin jut jtostliiniuii forms a
I ; port cf it, but would seem to limit it to
8 times of war. However, though this is the
j ' very natural result of the groat change
. ; which has taken place in the intercourse
: between foreign nations, and though we
1 freely admit that, now-a-days, llio chief and
' almost only practical uso of this law is in
] : times of war, still this restriction finds uo
^ justification either in Roman law, or in the
earlier writers.
* International law?tbejui inter gentes,
k aitiorg the Romans, if such it may ho calli
ed?consisted in denying to a stranger,
when <>u foreign soil, alliMghl* wh?tC- 'ever,
f ive siieii as were CXjUMMV eVMrtMlt
him I?y lieaty, or sonte fMXsrtt agree
i niuiit. I fence if a RomiWcitUMiff want in|
to a country not hound to Iioine by some
r ; treaty, ike., not only did all that ho had
( with him hecomu llio property of whoever
1 cluvo to seize it, hut lie himself became the
slave of his captor. And so firmly was this
c* established as a piinciplo of their law, that
wo doubt much if llio Isumans over rodel
inauded their citizen ^ti such a case.?Fr.
. j 5. -\ ?
Hut as limo rolled on, and commerce be
came a necessity, the Romans formed treaties
with almost ail the world; and hence
r there was hut little necessity for this law,
, save in time of war, when the treaty, &e.,
baring been solemnly declared by the Fedi
alts broken, and tho Romans absolved from
5 its observance, everything relapsed into the
- , old stale, and the hostile stranger was def
i prived of all protection. And this is tho
t reason, perhaps why, even in tho Digests,
this law is mentioned chiefly in connoxion
either with war or with the l'arthians and
< Hermans, with whom alone of the then
) known world, the Hainan* probably bad
generally no treaty, tfco.
Again: when Christianity bad alrolisheJ,
to a gr-nt extent, ancient barbarities, and
bv to aching that there was but one Clod
1m
t<>r all mankind, and not local, separate and
independent gods for eacli country, with
j power confined to its limits, had given to
1 the world a groat centre point of union ?
thus laying the foundation for an altogelh'
or dillerent law of intercourse between nations?ibis
law of minium was still
. less ncod.'d than before?in fact, oven less
now in lime of war than anciently in peace.
For, instead of being now the prey of any
one who may seize him, even the bosti'e
1 stranger is, in any of the nation* of Christen
1 ?m, (bolwoen whom alone, strictly
speaking, international law obtains,) safo
from personal servitude, and from being
1 despoiled of his property.
And it is not a little curious, as marking
the change in the law, to notice the d:tior
once with which successive writers on the
law of nations have treated this subject.
! < Irotius (-/?' inn b> Hi et paeis, lib. 111, cap.
1 9) discusses fully the doctrine as laid down
nv 111 e ii'Hiinn law, as obtaining ootti in
pence and war; ami giving hs application
1 to land only a blight prominence, concludes
' with tlie-o words:
"15 it in our time*, not only among Chris1
ti ins, hut also amongst most Mahometans,
ha* tho tight t ? make captives, except in
war, an<l with it the jus jH>stliminii also
oca- i; tli - necessity for both being romov1
| e>l bv tho restored power of tho relationship
> w iii.ii iritmc has willed should exist among
men. 15ui this ancient law of nations may
yet bo required, if wo ever have to deal
1 i w ith a nation so barbarous as should, without
any notice or cause, treat as enemies all
foreigners and their pioperty."
And Vnttoi (Lo I ?roit des (Jens, liv. III.,
chap. 14, 204) in his definition of it ,con
' tines it expressly to times of wni: ("loss
persoiinosct loo'liosus prises par renomie;")
an I while atlirniing (*200) that ?utluraf/f/,
all tilings are capable of being recovered
by it. resiiictR it in fact to real estate onlv.
And Wheat<?n (Klemenls do droit inter
! national, IV partie, chap. 2, 17) going still
further, seems to restrict its practical imj
-rt iiH f to the government land, alienated
by the enomv when occupying it, to which
no title is good until expressly coufirmod
, by a treaty; as til! then it ii liable, jurr
, /*> ihiuinii, to itour to its original owner,
| the State.
But such wai not llio case in llie Ronym
Law; and as it is borrowed from this source,
it is there that its full scope and mottling
should be sought.
There it is applied not only to land, but
also to certain " res mobiles,"^laves, dreg
and was used as a protection not^only in
; war, but also in peace, whenever afiy na!
lion did not respect the Roman's property
; within its limits. This is ??> important a
; proposition, that wo must give in full the
, chief authorities for it.
"The law of postliminium prevails either
in war or peace" (postliminii jus competit
aut in belJo aut in jxtce.")?Kr. 5, pr. h. t.
"In peace the postliminium is also given,
for if we have neither friendship nor hospitality,
nor a treaty made to establish
| friendship with any nation, even though
not hostile to us, still, whatever of ours
comes into their possession becomes theirs;
and the same is the case with whatever of
theirs cotnca to us."
And ngain, when stating tiial there was
I no ju*postliminii between the Romans and
j their allies, the question is asked: "For
: what is the need of the Law of Poatlirainii
uin between us and them, since they retain,
! on our soil, both their liberty and the doi
minion over their property, as fully as if on
their own; and since the same is true of us
when with them."
"Whatever we lose in war, or even without
war, if wo recover it again, we are said
to regain it by tho Law ot Postliminium."
Compare, also, section 3 of this fragment,
which states that a person was deemed to
bo entitled to tho benefit of the Law of
Postliminium (postliminio rediissc) as soon
as be crossed the bounds of an allied nation,
"because he was, for the first time, safe
there by the public authority.
From a caroful perusal of tho above, is it
not apparent that this law applied to all
those countries within whoso limits the
Roman was not safe by the public authority*"
(publico nomine tutus,) and where he
did not retain "tho dominion over bis
property" (dominium rcruvi suaram;) and
that tlicso two circumstances really determined
its application!
Having thus presented a brief outline ol
the jus jwstliminii in its application to
slaves, aud having shown that, though its
practical importance has greatly diminished,
it is still fullv recognised as a nart of the
o " (
law of nations of tiio present day, may nol
the Southern Slates fairly claim that the
occasion?different, it is true, from that
which Crotius, really contemplating the
case of the Algerine pirates, foretold?has
arisen, and the lime come when it should
ho revived? The Northern, nnd most, il
not all, of the Euro|>eau States, refuso to
recognise and protect within their limits
our proportv in slaves. There, we are no
longer in this regard "safo hy the public
authority,"?no longer retain "the dominion
over our property." With thom we
have no treaty assuring us of our rights;
and international law must decide every
question arising among nations, (and consequently.
between the States of this Union,)
which has not been settled by treaty.
These remarks recall to us one of the
most remarkable coincidences between am
cient and modern times. The law we have
just described existed among the Romans
probably from the very foundation of their
city, and perhaps earlier. Certainly it was
>f such antiquity that even in Cicero's time
its origin had become doubtful. Times
change, and the law is either forgotten or
j i ?collected only as one of the curious relics
of the past. Century after century rolls on,
and the times changing onco again, the
question recurs--not in Italy, however,
but in England; not in the metropolis ol
j Heathendom, but in that of Christondom.
The mightiest nation of antiquity is to be
measured in legal knowledge with the
mightiest race of modern times the one
whoso laws have been termed its "most
magnificent production" "more niagnifi,
.'? .L . r -i .. ..
lout itinu n? conquest ot i:ie worm; mo
oilier, still engaged in forming its syster-i,
but ono whicn we believe will, when fully
developed l>y Anglo-Saxon enterprise and
knowledge, as far excel that of Koine as tbe
commerce of the former race excels that of
tho latter State, and hs much as Christianity
can raiso human nature above the pre;
cepls of Heathenism. Not Sca;vo!a, nor
Kufua, nor Laboo, nor Sabiuus nor l'roculus.
nor the united voices of Papinianus,
Ulpianus, (Jaius, Panics and Modostinua
were called from their closets to answer a
question studied and elaborated for centuI
lies; but a single modern judge, in tbe heat
; and excitement of a warm dispute, was to
decide, almost on tho spur of tho moment,
a new and important case. And apparant
I iy wiinoui any assistance (rent this ancient
: law, without a reference to it, hut complaining
that the case had been but indifferently
argued, Lord StowelI decides, iu 1827, in
the case of tho slave Orac'e, (2 H?gg. p. D4)
exactly in accordance with the law of his
mighty predecessors; and when desirous of
; having his opinion confirmed, he sends it
for comment to another distinguished An
glo Saxon Jurist?Justice Story?he finds it
fully confirmed. Can any law claim high
I er human sanction!
Mr. Justice McLean, in his dissenting
opinion in tho Dred Scott case, rolics, inter
alia, upon international law as a part of the
common law of Missouri, to prove that
!>rcd, having gone into Illinois, became
free, and that "once free for an hour (he
was) forever free," and did not become a
slave again hv his return to Missouri. And
Mr. Justice Curtis repeats the idea in his
dissenting opinion. They evidently consider
it one of their strong |>oints, and cite
several decisions from didetunt Southern
States in support of it. St not being our
purpose at all to criticize these decisions, we
liave not examined thorn; but unless based
r<? some particular State law, we may safely
venture tho prediction that, after alien
' tion lias boon so strongly called by this
i case to the opinions <>t Lord Stoweli and
Justice Story,and alter Mr. Justice Nelson's
lueid and able opinion on the subject, there
will not ho many more such south of Ma
son and Dixon's lino. lie that as it may,
I however, as these dissenting opinions chiefly
rely on international low, so they may be
easily answered by the international jut
postliminii, and by the great authority of
Lord Stowell and j ustiee Story, Y.
The Arctic Regions.
bayard Taylor has returned to Stockholif)
from his Northern trip, and in a letter
to the Tribune, dated February Id, thus
sums up the relative pleasure of travel in
the Arctic and in tropical zone*:
"It was precisely two months after our
departure in December and in that time
we had performed a journey of 2,200 miles,
260 of which were by reindeer, and neatly
SOU inside of the Arctic Circle. Our frozen
noses had peeled off, and the new skin
showed no signs of the damage they had
sustained?so that we had come out of the
Gghl not only without a scar, but with a
marked increase of robust vitality.
"I must confess, however, that, interesting
as the journey has been, and happily as
we have endured its exposure, I should not
wish to make it again. It is well to see the
North, even after tho South; but, ns there
is no one who visits the tropics without
longing ever after to return again, so, I imagine,
there is no one who, having seen n
winter inside the Aretrc Circle, would ever
wi h to see another. In spite of the warm*
gorgeous, and ever-changing play of color
hovering over the path of the unseen sun?
in spite of tho dazzling auroral dances and
the magical transfiguration of tlm foreste?
the absence of true daylight, anil of all sigos
of warmth and life, exercise at last a de'
pressing influence on the spirits. The snow,
so beautiful while the sunrise-setting illumination
lasts, wears a ghastly monotony at
all other times, and the air, so exhilarating,
oven at the lowest temperature, becomes an
oneiny to bo kept out when you know his
terrible power to benumb and destroy.
"To tho nativo of a warmer zoue this
presence of an unseen destructive force in
nature weighs like a night-mare upon the
mind. The inhabitants of the North also
seem to undergo a species of hibernation aa
well as the animals. Nearly half their time
is passed in sleep; they are silent in comr
parison with the natives of the other parts
, of tho world; there is little exuberant gaye
i ty and cheerfulness, but patience, indiffer,
once, apathy almost. Aspects of nature
i which appear to be hostile to man often develop
and brine into nlav his best enercries.
i but there are others which depress and para,
lyze his powers. I am convinced that the
i extreme North, like the tropica, is unfavorai
ble to the best mental and physical condition
of the human race. The proper zone
of man lies between 30 and 35 deg. north,
i "To one who has not an unusual capaet\
ly to enjoy ihe experiences of varied travel,
I should not recommend such a journey,
i With me the realization of a long-cherished
desire, the sense of novelty, the opportunity
for contrasting extremes, and the interest
with which the people inspired me,
far outweighed all inconveniences aud privations.
In fact, I was not fully aware of
the gloom and cold in which I bad lived
until we returned far enough southward to
enjoy eight hours of sunshine and a temperature
above the freezing point. It wan
a second birth into a living world. Although
we had experienced litllo positive
suffering from the intense cold, except on
the return from Muoniovora to Ilaparanda,
our bodies had already accommodated themJ
selves to a low temperature, and the sudden
transition to 30 deg. above zero came upon
us like the warmth of Juno.
"My friend. Dr. Kane, once described to
mo tho comfort lie felt when the mercury
rose to 7 deg. below zero, making it pleasf
ant to be on deck. Tho circumstance was
then incomprehensible to nre, but is now
( quite plain. I can also realize the terrible
sufferings of himself and his men, exposed
t to a storm in a teniperntnro of 47 deg.,
when the same degree of cold, with a very
light wind, turned my own blood to ice.
"Most of our physical sensations are relative,
and the mere enumeration of so many
degrees of beat or cold gives no idea of
their etlect upon the system. I should havo
frozen at homo last winter at a temperature
which I found very comfortable in
Laplaud, with my solid diet id meat and
; butter. xnd rnv ammonia of reindeer. Tha
f j 0 - 7 ?
following is a correct scale of the physic#!
effect of cold, calculated for the latitude of
G5 deg. to 70 deg. north:
" 15 deg. abovo zero?unpleasantly warra.
' Zero?tnild and agreeable.
"lOdeg. below zeio?pleasantly fresh and
bracing.
"20 deg. below zero?sharp, but not severely
cold. Keep your fingers and toes iu
motion, and rub your nose occasionally.
"30 deg. below zeio?very cold; tako
particular care of your nose and exlremities:
cat the fattest food, and plenty of it.
"40 deg. l>elow?intensely cold; keep
awake at all hazards, muffle tip to the eyes,
and test your circulation frequently, that it
may not stop somewhere l?cforo you know
it.
"50 deg. below ? a struggle for life.
Tiie Yf.rdkna.?Verbena may be plant*
od out in b(<W or mazes R" their various
j colors. This is n method now in universal
u*c, and by which the most gorgeous and
beautiful cffcoU aie produced. The beds
aro generally cut out of the nod, in the
flower garden or lawn, of figures to suit the
! fancy, and oath bed tilled with plants of
one color, which, as they grow, aro to be
I pegged cIojwj to the ground, and not permitted
to bloom, but nipped back frequently,
until the bed is completely covered. A
w itoiing with weak liquid manure, or with
soap suds, will greatly assist in (lie brilliant
effect nroduced. and great care is ncoesearr
lo keep up a uniform and symmetrical
i growth of 11 to plant*. Ladiea, who cultivate
llio verbena in tiro house, will find it
essential to secure an e?piablo temperature,
with abundance of light and air, especially
during the winter, for the plant is impatient
of cold, and is injured by a few degree* of
frost. For tho purpose of decoration, in littlo
ciiv lot*, the verbena i* peculiarly adapted,
as its grow th i* rpiite rapid, nnd it* profusion
of da/Jiiing cluater* ?>t (lower* render*
it beautifully ornamental, -Porter** Spirt!,