Columbia telescope. (Columbia, S.C.) 1828-1839, July 08, 1837, Image 2
SfK ~~ "
of SFss Martineau's
SKXcV will be published by
H^s iOorninjr. We give ,
ing'sumtiiarj^of its contents, *ud a j
it from th" wdlk. * j
Js\f the Second Volume ? Yankee !
ooden clocks. Of I ho later M:ss M.
'J '? ? * w"
?* Ju some parfs of the South we we re at the
mercy of whatever clock the last'jK-dlar might
have happt?ned to bring, for the appearand? of
ui -als: bet it appeared as if th* c-loc ks them
% Ives had something of the Yankee spirit in
ihdmjtbr, while th?*y wem usuaHy too fast, 1
rarely knew c?ne too slow."
? Internal lmprov,?m"Ufs,The Tariff, Markets
and Transports, fill a chapter in the volume.
*?fcj following iaco-.ic dialogue is given as j
??Ap>yh><rt ntW. unfairly. how acceptable means j
of transport wou'd be to wt stern settlers: ? i
44 Whose laud was this that you bought?"
? Moggs."
* What's the soill"
44 Bogs."
" What's the climate!"
"Fogs."
??What do you get to eat!"
"Hogs. "
?* What did you build your house oil"
h Logs.n;
uilave you any neighbours!"
4-Froars."
Manufacturing L^bor affords a subject of
controversy. 1 he T radts' Union is spoken of
in the following manner: ?
4 (hie day gotug down Broadway, New
York, the carriage in which I was, stopped for
so ne time, in consequence of an immense
procession on the side walk having attracted
the attention of a|i the drivers within sight. ?
The' marching gentlemen proceeded on their
way, with an easy air of gentility. Banners
wen interposed ? interva s; and, on examining
there, I cou.d scarcely believe my eyes. They
to'e me that this was a procession of the jours
neymen mechanics of New York. Surely
never were such dandy mechanics seen;* with
sleek coals, glossy hats, gay watch guards,
ayd doeskin gloves! "
The "M orals of Slavery" also forms a chap
ter of the work. Southern cit? o are looked
upon as places not unlike the blackholds of
Calcutta; while Southern inen and Southern
wom?n aie tlo ight to resembte in their cruelty
a.'l the wickedness of a tnbe of cannibals.
The following advice is given to American
ladies : "AH American ladies," says Miss M.t
'?should know bow to clear-starch and iron ;
how to keep plate and glass ; how to cook
dainties ; and, if they understand the making
of bread and soup likewise, so much the beu
ter.n In a paragraph having ref rtnee to liter
attire among Amercan ladies, she re.i.arks as
ibHows : ^ '
44 All American ladies are more or less lite
flry; and some are so to excellent purpose ;
to the saving of their minds from vacuity. ?
Ke&ders are plentiful; thinkers are rare. Minds
are of a very passive character; and it follows,
that langages are much cultivated. If ever
a, women was pointed out to me as distinguish
ed for information, i might be sure before
hand thatsheavas a linguist. I met with a
great number of ladies who read Latin, some
Greek, some Hebrew, some German. With
the exception of the last, the learning did not
aeem to be of much use to them, except as
* harmless exercise. I met with more intel
lectual activity, more general power, among
tuany ladies who gave little time to books,
than among those who are distinguished as
being literary. I did not meet with a good
artist among ail the ladies of the States. ? I
never had the pleasure of seeing a good draw
in$?except in one instance; or, except in two,
of hearing good music. The entire failure of
ailattejotpu^o .draw, 4astiil a myatery tomj.
The attempts are incessant ; but tlie results
? ere below .critictsat. > Natural philosophy is
sot proved to' any extent by women.- There is
some pretension to mental and moral philoso
phy; hut the less that is said oo that head the
better. t * *
This is a and account of things. It may
tempt some to4 ask 4what then are the Ameri
ca? women V They are better educated by
Providence than by men. The lot of humanity
m theirs: they have labor, probation, joy, and
sorrow. They are good wives; and, under
the teaching of nature, good mothers. They
have, within the range dl their activity, good
*ense, good temper, and good manners. Their
beauty is very remarkable; and, I think, their
wit no less. Their charity is overflowing, if
it were' but more enlightened; and it may be
. supposed that they could not exist without re
. I igion. It appears to superabound ; but it is
not usually of a healthy character. It may
seem harsh to say tbir; hut is it not the fact
tliat' religion emanates from the nature, from
the moral state .of the individual T Is it not
therefore true that unless the nature be com
pletely exercised, the moral state harmonised,
the religion cannot be healthy ?
A chapter follows upon the morals of com
merce, civilization, health, ideas of honor ;
and in the chapter which treats of this sub
ject, we find the following unexpected vindi
cation.^ the American character : ?
"If,*1 says Miss M-, "any English person
can really tee and know the Americans on
their own ground, and fail to honor them as
a nation, and love them as personal friends,
bens no fair samjf.e of tha people whose
name he bears. *'
And in the concluding chapter of the work,
we find the following paragraph in defence of
American morals :
??By a happy coincidence of outward pleni
ty with liberal institutions, there is in America
a smaller amount of crime, poverty, and mutual
injury of every kind, than has ever been
known in any society. This is not only a
present blessing, -bat the best preparation
far continued fiJelity to true democratic prin
ciples.
??However the Amerians may fall short, in
practice, the professed principles of their
association, they have realized many things
far which the rest of the civilized world is
si ill struggling; and for which some portious
areooly beginning to contend. They are, to
aH iatests and purposes, self-governed. They
have risen above all hered.tary .aristocracy, a
c connexion between reiigion and the State, a
vicious or excessive taxation, and the irre -
sponsibiliy of any class. Whatever evils may
remain or may arise, in either the legislative;
or executive departments, the means of rem
edy are in the bands of the whole people;
and those people are in possssion of th:? glori
ous certainty that timo and exertion will
infallibly secure all wisely desired objects."
NATtOHAL CONTEjiTMENT. ? The following
is the closisg paragraph of the book : .
?No peculiarity in them (the Americans) is
mere remarkable than their national content
me if. If this were the result of apathy, it
would be despicable. If it did not coexist
with an active principle of progress, it would
be absurd. As it is, 1 can regard ihe national
attribute with no other reeling than venenu
tion. Entertaining, as I do, little douU of
the general safety of the American Union,
and none of l he moral progn.ss of its people,
t* clear to me that this national "content
tnguffrili Itve down all contempt, and even
all wonder ; and come at length to be regarded
with the same genial and universal emotion
with wnich men recognize in an individual
the equanimity of rational s>'!f reverence."
PASSAGES FR031 MISS* MARTIN EAU.
Negro Imitations. ? Th^ Americans possess
an advantage in regard to tl>e teaching of man
ners, which they do not yef appreciate. They
have before their eyes, in thj; manners of the
colored iace, a perpetual carncalure of their
own follies ? a mirror of conventionalism from
which they never can escape. The negroes
are the most imitative people living. While
they are in a degraded condition, with little
principle, little knowledge, little independence,
they copy most successfully those things in
their superiors which involve the least princi*
pie, knowledge, and independence, viz., their
conventionalisms. They carry their mimicry
far beyond any which is seen among the me
nials of the ricn in Europe. The black footmen
of the United States have tiptoe graces, stiff
cravats, and eye-catching flourish s, like the
footmen in London ; but the imitation extends
into more important matters. As the slaves of
the South assume their master's names and
military titles, they assume their methods of
conducting the courtesies and gaieties of life.
1 have in my possession a note of invitation
to a baH, written on pink paper with gilt edgv
es. When the lady invited came to her mis
tress for the ticket which was necessary to
authorise her being out after nine at night, she
was dressed in satin with muslin over it, satin
shoes, and white kid gloves ; but the satin was
faded, the muslin torn ; the shoes were tied
upon the extremities of her splay feet, and the
white gloves dropping in tatters from her dark
fingers. Sne was a Caricature instead of a fine
lady. A friend of mine walked a mile or two
in the dusk behind two black men and a wo
man whom they were courting. He told me
that nothing could be more admirable than the
coyness of the lady and the compliments of
the galiant and his friend, it could not be very
amusing to those who reflect that holy and
constant love, free preferenc \ and all that
makes marriage a blessing instead of a curse,
were here out of the question ; but the resem
blance in the mode of courtship to that adopted
by the whites, when meditating marriage of a
not dissimilar virue, ? a marriage of barter ?
could not be overlooked.
Even in their ultimate funeral courtesies',
the colored ra re imitate the whites. An epi
taph on a negro babv at Savannah begins
" sweet blighted lily ! "
Maimers of Gentlemen and Ladies in public.
? So much more has naturally been observed
by travellers of American manners in stages
and steamboats than in private houses, that
all has been said, over and over again, ibat the
subject deserves. I need only testify that I
do not think the Americans eat faster than
other people, on the whole. The celerity at
hotel tables is remarkable ; but so it is in stage
coach travellers in England, who are allowed
ten minutes or a quarter of an hour for dining.
In private houses I was never aware of being
hurrfed. The cheering, nnintermitting civility
of all gentlemen travellers, throughout the
country, is very striking to a stranger. The
degree of consideration shown to women is, in
my opinion, greater than is rational, or good
for either party ; but the manners of the Ame
ritan stage coach travellers might afford a va?
1 uable lessOn and example to many classes of
Europeans, who have a high opinion of their
civilization.
I do not think it rational or lair that five
gentleman should ride on the top of the coach,
(wh^re there is no accommodation for holding
on, and no resting place for their feci,) for
some hoars of a July day, in Virginia, that a
young lady, who was slightly delicate, might
have Toorfr to Jay op her feet, and change her
postowaaahe pleast-d. it is obvious that,
if site was not strong enough to travel or.
common terms ' in the stage, her family
should have travelled in an extra, or staid
behind, or done anything rather than al
lowed five persons to risk their health and
sacrifice their comfort for the sake of one. ?
Whatever may be the good moral effects of
such self renunciation on the tempers of the
gentlemen, the custom is very injurious to
ladies. Their travelling manners are any thing
but amiable. While on a journey, women who
appear well enough in their homes present all
the characteristics of spoiled children. ?
Screaming and trembling at the apprehension
of danger are not uncommon ; but there i^
something far worse in the cool selfishness wit h
which they accept the best of every thing, at
any sacrifice to others, and usually, in the
South and West without a word or look of
acknowledgement. They are like spoiled
children when the gentleman are not present
to be sacrificed to them, in the inn parlor, while
wa ting for meals, or the stage, or in the cabin
of a steamboat. I never saw any manner so
repulsive a-' that of many American ladies on
board steamboats. They look as if they sup
poied you mean to injure them, till you show
to the contrary. The suspicious side- glance,
or the full stare, the cold, immoveable obser
vation, the bristling sclf-defence the moment
you come near, the cool pushing to get the best
place, every thing said and done without the
least trace of trust or cheerfulness ? these are
the disagreeable consequences of the ladies
being petted and humored as they are. The
New England ladies, who are compelled, by
their superior numbers, to depend less upon
the care of others, are far happier and Plea*
santt r companions in a journey than those of
the rest of ibe country.
The follow ng letter taken from the Lite
rary Magazine of 18**7, is quite a curiosity at
this day. We distinctly recollect the boat,
and voyage up the river referred to, and the
congratulations of Mr. Fulton's friends on his
refurn from AfKariy and the often expressed
convictions of th$learncd of that day. That
the possible results had been obtained, when
the boat had been propelled at ths marvellous
rare of four miles an hour.
Mr. Robert Fultpn, the ingenious inventor
of machines called torpedoes, some account of
which was given in our last number, has like
wise constructed a steam boat, calculated to
sail?both against wind and tide. The follow
ing letter to Mr. Barlow, containing an ac
count of its first voyage, will be gratifying to
every friend to the commerce and agriculture
of this country.
Tu Joel Barlow, Philadelphia.
New York, Aug 22, 1807.
My D. ar Friend? My steam boat voyage
to AibaRy and back has turned out rather more
favorable than 1 had calculated. The distance
from New York to Albany is 150 miles; I ran
i: up in 32 h^urs, and down in 30. The latter
is just five miles an hour. I had a light breeze
against me going and coming, so that no use
was made of my sails; and the voyage has
been performed wholly by the power of the
steam engine. I overtook many sloops and
schooners beating to windward, and passed
them as if they had been at anchor.
The power of propelling boats by steam is
now fully proved. The morning 1 left New
York, there was not perhaps thirty persons in
t-h * city. who bejieved thai the boat would ever
move oner mile an hour, or be of tW least
utility. And while we were putting off from
the wharf, which was crowded with spectators,
1 heard a number of sarcastic remark?; this is
the way, you know, in which ignorant men
compliment what they call philosophers and
proj**etors.
Having employed much time and money
and zeal in accomplishing this work.it gives
me, as it will you, great pleasure to see it so
fully answer my expectations. It will give a
quick and cheap conveyance to merchandize
on the Mississippi, Missouri, and other great
rivers, which are now laying open their trea
sures to the enterprise of our countrymen.-?
And although the prospect of personal emolu
ment has been some inducsmenl to me yet I
feel infinitely more pleasure in reflecting with
you on the immense advantage that my coun
try will derive from the invention.
However, I will not admit that it is half so
important as the torpedo system of defence
and attack; for out of this will grow the liberty
of the seas; an object of infinite importance to
the welfare of America, and every civilized
country. But thousands of witnesses have
now seen the steam boat in rapid movement,
and they believe ; they have not seen a ship
of war destroyed by a torpedo, and they do
not believe. We cannot expect people in
general will have a knowledge of physics or
power of mind sufficient to combine the ideas
and reason from causes to effects. But in case
we have war, and the enemy's ships come into
our waters, if the government will give me
reasonable means of action, J will soon con*
vince the world that we have surer and cheaper
modes of defence than they an* aware of.
Yours, <&c. ROBERT FULTON.
SCRPENT-TONGUED INFANT.
Tiverton, (R. I.,) May 22, 1837.
To the Printer of the Fall River Patriot :
Sir ? I embrace the earliest opportunity to
make you acquainted with such oF the facts
as have come to my knowledge relative to the
"serpent longued infant, of which we had
casually heard just previous to my departure
for Block Island. Quite unexpectedly, day
before yesterday, I found myself in the very
neighboi hood of this strange and wayward
production of nature. My curiosity as you
may well suppose was greatly excite'd, and I
confess 1 felt an intense anxiety to examine
for myself an object which began to excite so
much interest in the neighborhood of its
occurrence. Mr. T , a worthy old gen
tleman in the vicinity, a former acquaintance
of mine, with whom I accidentally met, kindly
off-red to accompany me to* Mr. W.'s the
father of the unfortunate child. We reached
there about 9 o'clock this morning", and were
received very courteously by Mr. W. and his
interesting young wife. After an agreeable
introduction, ray aged friend stated the object
of our visit, and the desire I had manifested
to see their unfortunate little child, of whom
I had just heard. Mr. \V. informed us that
for several weeks he had, in almost every
instance, declined admitting strangers as he
thought their presence had ah unfavorable
effect upon the child, but as I had come a con
siderable distance out of my way, he was
disposed tc. gratify my wish, the more espe
cially as he thought! might give him some
advice in relation to the course he ouo-ht in
future to pursue. We were then invited into
an adjoining room, in one corner of which we
beheld, tied in a small chair, a most horribly
emaciated little child, apparently about two
years old. 1 am aware tnat I shall totally fail
in giving you any thing like an adequate idea
of the miserable object before us. Imagine,
if you can, an infant, or mere child, of about
the age above supposed, reduced to a very
skeleton hairless, and covered with a parched
and shrivelled skin, flark and unelastic as .the
corresponding Bttugtgre m the withered orto-^
genarian. - Its little red, fiery eyes, roiling
restlessly in the deep recesses of its fleshless
sockets, sent forth horrid flaslies of indigna
tion, when the door of its apartment was
thrown open. The little sufferer opened his
mouth, and in the place.of its tongue and for
a tongue, a serpent's head and neck were thrus
out, vibrating and hissing with an intensity
peculiar to the more venomous varieties of
tint repulsive species of animated nature. I
could not for several minutes muster sufficient
courage to approach the object of my curiosi
ty. I was fixed to the spot which I at first,
occupied, while the serpent- headed tongue,
continued to dart forth and recede with *the
quickness of thought ; its little forked and
fiery tongue al the same time playing about the
lips and iwslrils of the child , equalling in veh
city the lightning's flash !
Mr. VV. the father, gradually approached
the child, all the time speaking very soothing
ly to it, and -in a few minutes succeeded in
producing quiet? the head receded the hps
closed over it, and the infant exhibited the
aspect only of extreme emaciation. But the
moment I moved towards the child, even but
a single step, the mouth would open, the head
suddenly dart forth, and the same dreadful
spectacle I have already imperfectly described
would be again presented. The father, how
ever, beckoned me to approach, which I did,
but never shall 1 forget the tremendous hissing
which came from the serpent-headed tongue
of the litt.'e sufferer. It was several minutes
before quietude could be produced, and even
then the slighiest motion on my part would
cause an instantaneous protrusion of the un.
sightly organ, accompanied by a hissing sound,
more or less intense according to the fears
of the little child ? I had several fair opportu
nitips of seeing the strange member, and will
endeavor to give you a description of it. Its
color is dark copper shining and in places
inclining to streaks of green. Its eyes are
jet black, and when the light strikes them
favorably, no diamonds ever send forth more bril
liant scant illations of a light ! A bright yels
yellow ring encircles the neck and has too
much the appearance of gold. Tho mouth of
this serpent- headed tongue is quite large, and
was always slightly open when the head was
protruded beyond the lips. Its little forked
tongue.as I have already said, was incessantly
in motion. YVe stayed in the room just 30
minutes, during the latter part of which timejhe
child become very quiet, and took freely of mi Ik,
its usual food. The father told me that he had
known the tongue to bite several times, and
once when it fastened upon one ofhis finders,
much swelling and soreness followed ; indeed
he was only rolived by a copious bleeding.
He informed me also that ttie child eat vora.
ciously of milk, and sometimes other kinds of
food, but that it preferred the former. The
child is 9f the female sex. He stated further
that several eminent physicians and surgeons
had been to see the child, and that it had& been
recommended by one, the eminent Dr. W
that the tongue bu extirpated. I coincided
in this opinion, and advised that the Doctor
be called on to perform the oferation. The
lather, Mr. VV. is about 28 years old, and the
mother, I should judge about 22. She is verv
beautiful, has been married about five years,
and this is the first and only child. 1 have'
omitted names in this hasty sketch, at the
request ot the parties concerned.
Yours, &c.
The yeu) York and Charleston Steam pack
et. ? Another sea-nyumph has been launched
upon our waters, and one which for beauty of
form and swifness of motion, will equal the
best, and excel most of her kind. The new stea
mer bears the name of our city, and in all re
spects is worthy of the name she bears. Her
regular trips will commence 011 Thursday next,
when she will take her place on the line, and
sail for Charleston. The New York in all
respects is an excellant and agreeable boat. ?
The cabins, uiflike most other steamboats,
are used only as sleeping and dressing rooms.
An elegant saloon ever the afier cabin, and
immediately under the promenade deck, is
u:-eJ foradiningfroom. The slcepingaceommo
dations are increased by a number of neat
state-rooms, built upon the decks. The ac
commodation of passengers seems to have been
the aim of the proprietors of the boat, and we
feel assured that the passengers, whether quick
ness of motion, a plesant passage, or good at
tendance, be the object of their wishes, will
have them ail gratified.
The New York made her experimental trip
yesterday, in a run ot nearly one hundred
miles? as far out as the Highlands, back to
the city, do?vn the East River, and some 8 or
10 miles up the North River. The experiment
unlike most experiments now-a-days, proved
agreeable to all, and the little pleasure voyage
made on board the boat by a party of 150 or
200, was without exception, the most pleasant
we ever remember to have made. The boat
throughout the day equalled the warmest anti
cipations of all who were interested in her suc
cess, and the whole party returned to the citv
highly gratified with the festivities of the day .
The New York is to take the place of the
William Gibbons, and is to be commanded by
Captain Josbp j Spinney, who has been con
nected wiih the New York and Charleston
Line for four years. Added to much experi
ence, he has exhibited mu;h skill in the com
mand of a boat, and what is equally necessary
to a successful commander of a boat, he is
urbane, kind and in nil respects a gentleman.
We subjoin the following particulars which
appeared in the New- York Gazette of yester
day.
The New??York is 165 feet in length, on
deck; 42 feet breadth, including spondings: 11
feet hold, and about 400 tons burthen. Her
engine is of 150 horse power, with 10 feet
stroke and 38 inch cylinder. The boiler
weighs about 15 tons, has been pronounced by
competent judges one of the best pieces of
work ever made in this city. The New- York
is also provided with two masts and a sufficient
quantity of canvass with which to navigate her
in the event of accident to her machinery. ?
Hei sails consist of a gib, foresail, square sail,
topsail, and maii.sail.
The figure head is that of a female, and is
intended to represent a commercial city. The
head is surmounted by a crewn, representing
a wall supported by a wreath of ru-hes. The
chest bears the arms of the state of New- York,
and the whole is supported by a wreath repre
senting various fru.ts of ihe earth.
The sleeping accommodations are all of the
first order, and consist of 21 berths in the la
dies' cabin, 12 in the centre cabin, 28 in the
forward cabin, and 20 in state rooms on deck,
making in all 80 births. In addition to which
there is on board a large quantity newly-con
trived portable births which are made to ship
and unship at pleasure.
The dining room is on the main deck im
mediately over the ladies' cabin, and is 41 by
14 feet; is capable of accommodating one hun
dred persons at table, and is in every retpeel
a commodious apartment.
This splendid Boat was built by the owners
of the steam packet lino, at a cost of about
eighty thousand dollars, and their enterprise
deserves a rich reward.
From the National Intelligencer.
\\ ? . THE MANDAMUS.
* Saturday June 24. ? This being 1he day to
which was extended the time for making the
(' f O
j return by the Postmaster General to the writ
of mandamus, commanding him to credit
Stockton and Stokes certain sums of money,
or show cause to the contrary, the District
Attorney, Mr. F. S. Key, read, as such re
tuns a letter from the Postmaster General,
accompanied by an opinion of the Attorney
General. These documents consumed con
siderable time in their perusal, and we under
stood the mto classify and condense the amount
of the Postmaster's response to the Court's
claim of jurisdiction, and his resistance of that
claim, under the following heads:
1st. That the Court has no power to issue
a mandamus to an executive officer of the
Government, compelling him to do an official
act. That it is the duty of ihe Executive, and
not of the judiciary, to see that the laws be
faithfully executed. And that the exercise of
the writ of mandameus for such a purpose
would be to transfar the Executive power of
the country to the courts.
2dly. That congress have conferred upon
none of the circuit courts (not distinguishing
between this circuit court and any other in this
respect) the rght to is su^the writ of mandamus
for the purpose of compelling, or directing the
official actions of executive officers ; in which
capacity the Postmaster General has acted in
this case; and that, so acting, he is subject to
the control of the President, and not of the
Court.
3dly. That even admitting the power of the
Court to issue the writ, this is n ?ta legitimate
case for its application. The mandatnu3 can
only isue to compel the performance of an act
merely and purely ministerial, and not of an
act in the performance of which a discretion i6
confined to the party performing it. That the
act which the mandamus commands the Post
master General to perform is not merely min
isterial. That the writ of mandamus is allow
ed to be issued by the Circuit Court only to
[ enforce their juristhction. That in the matter
to which this mandamus applies the Court has
r not, and never had, jurisdiction. That the
mandamus cannot tjive that jurisdiction, but
only where the jurisdiction exists enforce it.
4thly. That the mandamus orders, the Post
master General to do that which is impossible
to be done. That he has not now the custody
and command of the books in which the cred
its are commanded to be entered.
When Mr. Key had done reading the paper
from the Po*tma>ter General, the opinion of
the Attorney General was read upon the form
er decision in the case by the Court, and in
opposition to the same.
Mr. Key then entered his appearance in the
case, and placed the documents 011 file.
The principal topics adverted to, and relied
upon, in these papers are pretty much, in sub
stance, as follows: The Postmaster and At
torney General contend, that, und-r our Con
stitution, in this feature assimilated to that of
England, all power is divided into three parts
?the legislative, the executive, the judicial,
?ach independent of the other, and properly
jealous of its own r?ghts; that the executive
branch is a "unit" ? one ? indivisible; that the
duty of the Executive is to execute the laws ;
that, for this purpose, all the officers of the
country, charged with the execution of the
laws, ate subordinate to, and dependent upon,
and removable by, him; that the Executive is
the President, who aldnc is responsible for the
manner in which the laws are executed, and
punishable by impeachment; that if the Circuit
Court is chargeable with seeing that the laws
are executed, under the Constitution, then the
Circuit Court is the Executive, and the Presi
dent is nut; that no court of the United States
can enfore a writ against the Executive, be
cause the officer who executes the process is
of executive appointment, and the Executive
can disrobe him of authority, on the spot, when
he comes to execute unwelcome process, and
before it is executed; that the reasoning by Mr.
Justice MarshaM, in iMarbury vs. Madison, was
extra-judicial, and therefore not authority; that
the C rcuit Court was not applied to.afterthat
decision, for a mandamus; that the doctrines
set forih in case were not altompted to be car
ried out; that Justice Marshall himself has said
that the reasoningin a case is not fairly refer
rrble except to rases identically the same; that
this case is not identical with that of Marbury
vs. Madison, which was to do an act merely
ministerial. A letter was introduced into the
argument from Mr. Jefferson to Mr. May, the
prosecuting attorney in Burr's case, arguing
against the authoriiy of the case of Marbury
vs, Madisioc, and expressing his refusal to at
tend court as a witness. The Postmaster
General prefaced his statement with an ex
pression of the utmost respect for the tribunal
to whose authority fie excepted. He required,
if this power existed, why had its exercise so
| long slept? Why had it lain in unbroken
slumber from the days of Marbury vs. Madi
son until now] Why did not the Bank of the
United States invoak its aid to have the depo
sits restored to her by mandamus to the Se
cretary of the Treasury? Why not take this
course, instead of convulsing the nation, and
thundering in the Capitol! The Postmaster
General concluded with a repetition of the
sentiment of respect for the Court.
Mr. Coxe.on the part or the relators, mov/
ed to quash the return as insufficient, and that
the peremptory writ be ordered. He said that
he confided in the opinion of the court artd
certainly heard nothing in the papers r< ad to
shake that confidence.. He said that he was
teady to go on with the argument, but as it
would be proper to reply to the new argu
ments advanced in the papers presented to
the court, he would be prepared to do so on
Mondav, when he would be assisted by other
counsel, ^Mr. Reverdy Joh'nsvn, of Baltimore.)
He hoped that Mr. Key would allow him the
use of the original papers, as there was no
time to make copies; which-Mr. Key promptly
agreed to.
Mr. Coxe observed; that it was evident that,
after the passage of the law directing the
transer of the books to the Treasury Depart
inent, the Postmaster General did make credits
to the account of the relators.
Mr. Key said the gentleman will find him
self mis'aken.
Mr. M. S. Clarke made a few remarks as
to the credits.
Judge Cranch stated, that if it were true
that the books and pap. rs, upon which the
credits were ordered to be made, were re
moved from the custody of the Postmaster
General, and in the hands of clerks not of
his appointment or control, as averred by him
in his paper to the Court, that then no
peremptory mandamus could issue. For that
would be to issue the writ to compel him to
do that which it would be impossible for him
to perform.
The consideration of the case was then
postponed to Monday.
Wednesday , June 28. ? Mr. Key, in resum
ing his addresses to the Court this morning,
adverted to the importance of the case, and
expressed his desire to present his views fully
upon the subject, apologizing for the time which
he felt necessary looccupy, in order to do
justice to the argument against the issuing of
the Mandamus.
Mr. Key said, in what he should consider
it his duty further to urge upon the subject, he
should conscientiously oppose the doctrines
held bv the learned gentleman on the other
side. He had no duabt that ' the learned
counsel opposite were equally conscientious
in the opinions they entertained.
Mr. Key nrnonted upon the opinions
expressed by the Court, and those of the learn
ed coun -el, at considerable length. He cited
numerous passages from the Federalist, and
cited a great many cases in illustration of his
positions. He concluded his speech at half
past 3 o'clock, when* the Court adjourned
until to morrow.
Thursday , June 29.? Public expectation
seema to have beeif strongly excited this
morning to hear Mr. Reverdy Johnson's ad
dress to the Court, in reply to the argument
of Mr. Key in this very important case" Tnc
court room was very much crowded, and,
among the spectators present, we noticed sev
eral distinguished legal gentlemen, and others
from the adjoining counties and States.
Mr. K^y rose, before .Mr. Johnson com
j menced his address, and observed that, as he
had yesterday enlirely omitted to notice that
point of the Postmaster General's answer, in
which he stated that the Circuit Court had
required him to perform a duty which was not
in his power, he (Mr. K.) would, with the
leave of the Court, occupy a brief space of
time in noticing what had been said by the
learned counsel on the other side, in relatfon
to that particular point. Mr. Key contended
that, inasmuch as the books were no longer
in the Postmaster General's possession, but in
the hands of the Auditor of the Treasury
Department, he had no longer the ability to
enter the credit as required by the Mandamus,
and that it was absurii to say, as had been
contended on the other side, that a credit on
paper, or otherwise than in the books, was
all that was required. The learned gentle^
man occcupied about half ar. hour in making
this explanation.
Mr. Reverdy Johnson then commenced a
speech of unusual strength and effect, which
was listened to with close attention by the
Court, the Bar, and every one present, until
he sat down, apparently much exhausted, a
little before two o'clock. We believe we risk
nothing when we say that Mr. Johnson's id-,
dress to the Court was considered by all who
heard it as a maste'ly d splay of forensic
eloquence, legal research, and sound argu
ment. Mr. Johnson's introductory remarks,
in which he gave a succinct and lucid history
of the case, on the part ofthe relators, evident
ly made a deep impression ; and his subse
quent obsejvations were keen, forcible and
convincing. The style of the learned gentle
man as a speaker is vehement as well as
nervous. He argues, however, with great
self-possession, and seems to be exceedingly
well poised though occasionally pungent and
sarcastic To tuose who delight to hear a
manly, straightforward, and eloquent speak
er, we would recommend an attendance to
morrow, (Friday,) in the Court room, when,
as Mr. Johnson has given notice, he will
conclude his argument.
Letters from JStutigard state that an exten
sive publishing house, known as ihe Magazin
des Classiques, have purchased at a large
price, a manuscript fr<>ni Bulwer, the celebra
ted novelist. He is under encagemeuts not to
publish the work in English for a certain num
ber of years. It is said to be a keen satire on
the follies of the present era.
Prom "" MtMg'bi. /border
Our readers will probablWp ? . ....
making ihem acquainted, s<rL- _c e8te<*
have been received, of the acti<Lr
rent Slates in relation to the JJt' *
cnlties of the country. duB*'
r lie Legislature of Mississippi, ou^^ *
are aware, was convened by the Govertlkf!l
that State, to devise measures of relief fo^?T
present times. We can only say that the
gielature has convened and adjourned, without*
doing any thing for the relief of the people.
The legislature of Alabama met on the I2th.
The relief Committee, we understand, wilf
make the following recommendations, which
accord with the views expressed in the Execu*
tive message, and which it is supposed will
meet the approbation of the legislature: and be
passed into Jaws.
1st. They recommend to extend the ttaok*
debt one, two and three years.
' 'M- Creole a c?pit*l of 85,000000, a poo
which the banks shall issue ihe same amounts
on one, two, three and four years, to be dis
tributed in the State in proportion to popula
tion and the wants of the community, upon at
pledge of real estate of double the value, of
unproved town property of four times the cash
value, or two good personal securities renew,
able annually.
3d. That the Banks shall gradually increase
and steadily maintain their specie basis.
4th. Remit the damage on protested Bills of
Exchange.
5th. Authorise the* Banks of Montgomery
and Mobile to sell their stock, so that the dis
count shall not make the interest exceed six
percent. _
The Governor of Georgia refuses to calHu*
extra session of the legislature. J7
South Carolina we believe, so fa/srwr
know, has not moved at all, in reference to a
call of her legislature. ~
The Executive Council of-~North Carolt**
m;jt on the 15<h, and unanmfously advised the
Governor against the expediency of conven
ing the legi*Ia u'e at an earlier day than that
prescribed by law.
^e legislature of Virginia convened on the
12th. The Governor recommends to the people
"patience, industry and economy ? a reliance
on themselves, and the exertion of their stur
dy virtues, as ihe best remedy for the times.
He disapproves any attempt to change the
present banking system ; pronounces the pro
jec. of an exclusive metallic currency imprac
ticable, and its agitation at present onlv calcu
lated further to derange the business of t^e
country. He urges the importance of mafe
taining the credit of the Stale Banks? recom.
mends laws to be passed relieving them from
the disabilities and penalties to be incurred by
their suspension of specie payments, and au
thorising such suspension for a limite d period.
The Governor of Pennsylvania refused to
convene the legislature of that Shale.
The New Jersey extra legislature got into
a political squabble, and adjourned without do
ing any thing. In one branchofthe legislature
it seems there was a large majority of Van
Burenites, and in the other a small majority
of whigs, making the Van Burens the majority
on joint ballot. These, apprehensive of never
being in so fair a position again, determined to
profit by the extra occasion, regardless of the
object of the call, and urged, as the first busi*
ness to be transacted, the making of various
appointments, which should properly devolve
on the next regular legislature ; whilst the
whigs insisted that they should first despatch
the business for which they were convened^
Here arose the squabble, which ended in au
adjournment, sine die.
New York, our readers are aware, has grant
ed authority for the suspension of specie pav**
ments, under certain conditions, for twelve
months.
The Connecticut legislature has legalised
the. suspension of specie payments till the first
of July, 1838 , and has likewise suspended for
the same time the law prohibiting the issue
and circulation of bllis under three dollars, pro
viding that the banks shall at all times redeem
t ieir small bills with specie, under the penalty
of the forfeiture of their charters.
THE VIRGINIA LEGISLATURE. I
The Adjourment. ? Both Houses of the As
sembly adjourned on Saturday evening, after
a session of two weeks. They passed tix acts,
three of them of a general, and three of a local
character, and expended about twenty thou
sand dollarsof the money of the Comroo#?
wealth. We have not the exact titles of the
acts, but can state the purport of them, te wit:
An act to stay proceeding on executions,
trust deeds, and other evidences of debt, in
case of refusal to receive bank notes.
An act for the temporary relief of the banks
of this Commonwealth.
An act concerning the State's proportion of
the surplus revenue of the United States, and
for other purposes.
An act to amend the act of last session,
uthorizmg. a subscription of two-fifths of the
aincreased capital of the Portsmouth and
Roanoke Railroad Company. ^
An act to provide payment for the services
of the cJerk'to the joint committee on banks,
and for the extra services ofih^ public printei
and the printer to ihe Senate; and
An act to release the taxes for the present
year upon the town lots in the town of Suf?
folk, the buildings on which were destroyed by
fire.
This is an average of something more than
$3,000 for each act, and the question may?
well be asked, was the service rendered wortf>
tiie cost ? The infallible "Democrat* " who
pretend so much veneration for the public wilJr
gave the people a stay law, which was not
asked for, and denied relief in the way of small
change, which was clamorously sought for by
the large bodies of the people. They alsfr
"tied up the hands of the banks," snd have
required them to curtail at a season of the year
when the spring business generally opens,
(February and March,) and when .cointopQ
sense and all mercantile experience would,
have dictated an expansion.
Pensacoltt, June 17. ? The Urrea. ? In our
last we omitted to mention, that the Mexican
brig of War, Gen. Urrea, sailed from thisport
with the Vandaha , on the 16th. Orders had
been received here, by the commander of the
squadron, to pay all her exposes, & to place
her in the same situation as that in which sbe
was when the capture was made. Lieut.
Moore, U. S. N. went out in the Gen. Urrea%
but no o:hei person from ihe squadron is on
board of her. We understand the commander
of the Gen. Urrea declined hoisting the flag of
Mexico, until he could communicate with his
government. The brig, therefore, presents the
singular anomaly of a vessel of war^ailing up
on the high seas, without any distinctive mark
or characteristic, to show that she belongs to
any nation.
From what we can gather from the course
of our government in relation to the capture
of the Gen. Urrea, it would seem that the act
itself is to be disavowed by the Government,
but no positive censure is to fall on Capt,Mer
vine. ? Gazelle.
An aholition lecturer named Marcus R. Ro
binson, while lately delivering lectures at Ber
lin, Ohio, was seized by the populace, tarred
and feathered, and carted out ot town.