Columbia telescope. (Columbia, S.C.) 1828-1839, January 27, 1838, Image 1
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jWT A. S. JOHNSTON.
NEC DEESSE, PTEC SITPERESSE UEIPUBL,1C^E
- PUBLISHED WEEKI/Y.
iTOIi. 34-XO, 4.
COLUMBIA* S. C. JANUARY 81, 1838.
S3 PER ANNUM.
^ TEBM
&QLT2?SL& T3SLSSOOP3
<18 PUBLISHED ST
A.S.JOHNSTON,
Xlvery Saturday Morning-,
kfc.fi. IVRRY WEUXESD T A9V SATURDAY MOR.VISG
^^WUSO THE SESSION OF THE LEGISLATURE.
??^*V TERMS :
Three dollars per annum, if paid in advance, or
Four dollars a: the end of the year.
Jap Anvrfcf rasjiZNTS conspicuously inserted at 75
^ientt per square for the first insertion, and 37 i cents
- every subsequent insertipn. All advertisements
^Ibrdered is the inside every publication ? or inserted
"Other wise than regularly, to be charged as new foil
v^lpperojOsiftiQn. Advertisements not having the
^jfidwSSr ofinsertionsmapked on them will be contin
fced^till ordered out/ and charged accordingly. -
Executive Department,?/
t " Columbia, Jan. 18, 1S33. $
||gjs? la pursuance of Resolutions adopted by
S0ke Legislature at its late session, Col. W.
MARTIN has been appointed to collect
claims of citizens of this State for losses
>y?%Bfcttrrecl in the Florida campaign. He will
at W inns borough, on Monday, -.'the 22d
and remain two days, to attend to the
? claims of Capt. Smith's company ? at New
C. H, on Thursday, the. 25tlf, and re
/ main three days, for the companies of Cap
<^ taiae Marhis and 'Hargrove ? at Laurens C.
Monday, the ^9th,;:and remain "two
jiays^ fo?,.Qapt. j" ones' s - company ? at "Abbe
on Thursday, the 1st of Februa
~ nd remain three days, for Capt. Chiles's
at ^ Vlrennes, Anderson District,
" x**~Monday,' the 5th Febriisay,, for Captain
en3\cqmpany. C "
the': other districts^notice will be
?;rhe3P?^Lv^-.^ JHBHRHHRI
^Fdr public infonnatfop* the Resolutions
eferred to ^re annexed.
^The-actof Congress. ojivtI;e:sarae^subject
^ubIis|^dU; Claimants. iciB^e prepared
ce, in conformky. to the requisi
LL^,^if^uci^r<^nBOtU)e pro
33 near'y practicable.
?The ?racera ofc'th?; companies concerned
|ay ^
? - - Ml ,, - ?
M \*EPORT^p - , ? ;
Specie bCr>mmtittr* fm that part of . the Oover
which reictex to the Claims of pie Flo
j. . .. ^ . .it
Special Committee to which, was referred that
part of the Governor's Message relating t<> vthe
That early in the month of February, 1836; Major
?;? General Scott, of the Army of the" United States,
^wfeo^waSck>thadby the War Departioent,with. ex
?^pwdinary ani plenary power, to conduct the -War
y^iwpttBst the Saminole Indians in Florida, made his
jequrtitjori upon the Governor of this. State for a
w joriment ofmounted infantry, to serve for three
- -
sooner discharged? That the Gover
^iNNrJif sedwrdarice with that' requisition ordered into
^ service the rtgiment which was commanded by Col
f^TL.H.Goodw y n ? That the citizens of the State be
v~ Tongingtothat raiment, were not o; / required to
give to the United Stales their personal service, but
were also required to carry a part of their property
-/ Into that serviced?That there Was atthe time no la w
^ Congress which provided an -indemnification for
losses which might accrue upon the exposure' of
individual property thus,carried into: the service of
the United States ? that.akhov there . was no existing
r?j-?w. your cocsmittee are of the opinion, that the obli
^5gsJ?n of. theUnited State* far indemnify cannot be
_______ jned? the more especially as the officer making
the reqatshion was cdbthed by hfe department and by
.tho^hief ma^strate of the United States with the
^awsS plenary powers ? and as the property as well as
r/|he individual owning the property was received into
/?^he service, the authority of the officers of the Um
States being exercised as tully over the property
$&a*ii was over the owner.- This regiment, with the
^??ception of Capt. Gibson's company, was mustered j
^MDtoibeservice ofthe United States, at the Sister's
"" "ferry oh the Savannah River, about the 18th. of Feb
^^naiiy. The fiorsea were then appraised, as your
^committee are informed by- the late Colonel, upon a
?^Vejbol order given by- him, and the appraisement j
^liste placed in the hands of the captains of the com
% pany. This measure was taken by the Colonel as no
officer appeared on the part of the United -States to j
. Vper&rm this duty ; but Brig Gen. Eustis, of the army
^io^the United States, under whose " command this
- ^regiment was placed, gave it liis verbal sanction. ?
-- From this regiment has arisen a variety of claims for ;
" indemnity for property lost or injured . Congress has
j?ised a law intended to cover some of those claims, ,
^ but leaving out others, manifestly too just to be in '
the opinion of your committee, omitted. This law is
. also accompanied by so many vexatious regulations
from the Department charged with its execution, as to
render it, if not nugatory, the cause of much trouble I
.*?' ead erpense and delay to the claimants. The State
stands between the claimants and the United States,
"> in a relation, that in the opinion of the committee, I
renders it sot only expedient and proper, but the duty
of the State, to see that they shall not suffer loss,
either by a denial of their just claims, or the delay of
. the Federal Government to admit them. The State
^ having in fulfillment of her own engagements with
l-" the Federal Government ordered these claimants,
v being her own citizens, into the service of the United
States, is, in the opinion of the committee, bound to
see them indemnified for the losses .consequent upon
that service. Your committee, therefore, recom
> mend that the State shall assume the payment of all
losses of property on the part of that regiment, for
which the claimants are jtiitly entitled to indemnity.
, In pursuance of this recommendation, the committee
T present the following classification of the claims for
die sanction of the Legislature, to be settled in the
manner hereafter provided for, updn being submitted
in proper form, and being satisfactorily vouched.
~ ' 1st. Horses killed in battle, or being wounded^
were killed by order.
2nd. Horses which died in the service.
3rd. Horses which were lost in the service.
4th. Horses which died alter the discharge of the
^ regiment and on the way home.
.. v ? 5th. Horses which died after they returned home,
from fatigue or of disease contracted in the service.
6th. Horses which failed in the service or on the
return home and were abandoned, sole, or traded off
in consequence of such failure.
g&y ?th. Horses which returned home, but in conse
? qnence of permanent injury received in the service
rendered valueless. . O ^ . ^
'-3th." Equipage, which was lost with faerses.
'"i -.-i\ -
9th. When the soldier was separated by the order
of an officer from his horse or equipage, and his horse
or equipage was lost or not returned.
In addition, there are some claims which can be
brought under neither of the above heads, which
your committee recommend shall be settled.
1st. The claim of Capt. Pickens's company from
Col. Norris's regiment in Anderson district.
This company was drafted, and many of the men
not owning horses, horses were pressed by order of
the Colonel to mount the company. These horses
were appraised, and on their return sold. The dif
ference between the amount of the appraisement
' 1 and the sale will be between 1 1 and 1200 dollars
2nd. The claim of Capt. Whitmore and his officers,
for horses purchased for their company.
In this case, about twenty soldiers presented them
selves at the rendezvous at the Sister's ferry, with
out horses, and were mustered into the service. An
effort was made to have them mounted at the expense ?
of the General Government, but failed. An effort
was then made to have them discharged, which was
refused Under these circumstances, Capt. Whit"
more and his.officers purchased horses at their own.
expense. These horses were sold at the close of the
campaign and the difference of the purchase and
sale, two or three hundred dollars, is submitted by
Capt. Whitmore as a claim on the part of himself and
officers. " 4 - ? *
... 3rd. Capt. Gibson's claim for subsistence between
Savannah and St. Augustine.
Capt. Gibson's company could not Teach the Sis
ter's ferry with the other companies and marched
- alone to St. Augustine. It was mustered into service
at Savannah. -The claim of Capt. Gibson amounts to
two or three hundred dollars for subsistence furnished
by liim for his command on the march from Savan
nah to St. Augustine, the proper department of the
army having neglected to furnish it- ? * ?_*
4th-. Claim of John A. Colcough for "horses fur-,
nished Capt. Dubose's company from Sumter district.
Many of these men were drafted, and as irt the
case of Capt. Pickens's company, owned no horses ;
'fifteen head of horses were furnished by this patriot
iccitixen, butfew of which/were returned. y
\5th-The dima of J. M. Desaussure, for money
?furnished Capt. Dubose's company for subsistence.
Tills is a claim for $300, Mr. Desaussure was
Brigade Major to Brig. Gen. Cantey, and wa& dis
patched by: him to organize the company in Sumter.
The company was without the means of subsistence
and- could not march? under these circumstances
Maj. D^ussure advanced $500, $200 of- which was
returned by the Captain. - - ?
Tocarry into effect this report, and to adjust and
settle all the claims contained in it, your committee
recommend the adoption of the following resolutions :
'"<? Resolved x That one or more persons be Appointed
by the Governor, ;to be paid out of the contingent
fund, whose dutyitsbal] be to collect ail the claims
- which are embraced in this report and. the testimony
on. which they are supported. -- y ? -
- Resolved, That his excellency P. M. Butler, Gen.
James Jones, and Col. R. H. Goodwyn afe hereby
appointed commissioners to pass upon the aforesaid
-claims ; and that the Treasurer of the Upper Division
4*: hereby required to pay any claim passed by said
commissioners. -
"vr Provided that no claim or claims be "allowed as
sufficiently established, unless supported by the same
testimony and documents as are required by the act
of Congress, passed at its last regular session, for the
establishment, and payment of such claims ? in case
such testimony and documents can be procured. . -
- Resolved , That twenty thousand dollars be appro
priated to pay the aforesaid claims, if so much shall
be accessary, v., 4
* ^ Resolved, That his excellency the Governor be
requested to apply, through our Representatives in
Congress, to the .General Government, for payment
to the State of the amount of the said claims, as soon
as they shall have been established as aforesaid.
In the House of Representatives , Dec . 18, 1837
Resolved, That the House do agree to the Report.
Ordered, That it be sent to the Senate for concur
rence. By order, " .
' T. W. GLOVER, C. H. R.
|*. ' In Senate, 19 th Dec ., 1837.
' Resolved , That Senate do concur. Ordered, I'hat
it be returned to the House of Representatives.
By order,
JACOB WARLEY, C. S.
WAR DEPARTMENT. )
: January 25, 1S37. $
I .Rules in Relation* to Claims, Provided for by an
r act of Congress passed 18th January, 1837, entitled
[' " An act to provide for the payment of horses and
other property lost or destroyed in the military ser
vice of the United States," prescribed in pursuance
of the 4th section of the said act. ;
All claims under the provisions of this act must be
presented at the office of the Third Auditor of the
Treasury Department before the end of the next ses
sion of Congress, and each must be substantiated by
i such evidence as is hereinafter designated, with res
pect to cases ot the class under which it fails.
FIRST CLASS OF CASES.
By the first section of the law it is enacted :
i ? " That any field, or staff, or other officer, mounted
I militiaman, volunteer, ranger, or cavalry, engaged in
! he military service ofthe United Sutessince the 18th
! of June, 1812, or who shall hereafter be in said ser
I vice, and has sustained or shall sustain damage, with
' out fault or negligence on his part while in said ser
| vice, by the|loss of ahorse in battle, or by the loss of a
' horse wounded in battle, and which has died, or shall
j die, of said wound, or !>eing so wounded, shall be
: abandoned, by order of his officer, and lost, or shall
! sustain damage by the loss of any horse by death, or
! abandonment, in consequence of the United States
; failing to supply sufficient forage, or because the
rider was dismounted and separated from his horse,
i and ordered to do duty on foot at a station detached
i from his horse, or when the officer in the immediate
) command ordered, or shall order, the horse turned
' out to gaze in the woods, prairies, or commons, be
cause the United States failed, or shall fail to supply
? sufficient forage, and the loss was or shall be conse
i quent thereon, or for the loss of necessary equipage
l in consequence of the loss of his horse, as aforesaid,
i shall be allowed and paid the value thereof : Pruvid
led , That if any payment has b een or shall be made
j to any one aforesaid, for the use and risk, or for for
; age after the death, loss, or abandonment of his horse,
| said payment shall be deducted from the value there
! of, unless he satisfied, or shall satisfy the paymaster,
i at the time he made or shall make tbe payment, or
f thereafter show by proof, that he was remounted, in
! which case the deduction shall only extend to the
j time he was on foot. And provided , aho, if any pay
| ment shall have been, or shall hereafter be made, to
| any person above mentioned, on account of clothing,
to which he was not entitled by law, such payment
shall be deducted from the value of his horse or ac
coutrements."
To establish a claim under this provision, the
claimentmust adduce the evidence of the officer un
der whose command he served when the loss occur
ed, if alive, or, if dead, then of the next serviving of
ficer; describing the property, the value thereof, the
time and manner in which the loss happened, and
whether or not it was snstained without any fault or
negligence on the claimants part.The evidence should
also, in case the claimant was remounted, after the
loss, state when he was remounted, how long he
continued so, and explain whether the horse whereon
he was remounted had not been furnished by the
United States or been owned by another mounted
militiaman or volunteer, to whom payment for the j
?ir-y "? ;'v' /V'\
use and risk thereof, or for its forage whilst uuhe
possession of the claimant, m&y ^ . me ,he 0 )T.
and if it had been thus ow?^, should name t hep^
son, and the command to which he belong -
in every instance in which the claim may extend i to
l^V?he several articles o( which the same on
Sted, and the separate value of each, should be sp
cifled
SECOND CLASS OF CASES.
The second section of the law eI??cts.f. RPrv;c0
44 That any person who, in the said military
as volunteer or draughted rn.liua^n ^rmAed or
shall furnish himself with arnM airf m.htary acMU |
trements, and sustained or shall sustain S }
the capture or destruction of the same, vMtho y
fault ornegligence^bn.his part, or who lostor shall
lose the same by reason of his being woundedin the
service, shall be allowed and paid the value therwl
Each claim under this provision must be estahli
ed by the evidence of the officer vv^o commandcd
the claimant when the lost happened, if i alive , or, it
dead, then of the next surviving officer; discr bing th
several articles lost, the value of each, whether or
not the same were furnished by the claiman t,
wav and when the loss occurred, and whether or
not , 't was sustained without any fault or negligence
otk his part. v
-v THtRD'C^SS OF CASES.
The third section of the law enacts,
U That anv person who sustained or shall
damlge byntyheP loss, capture, or destrueUon, byan
enemv ot any horse, mule, or wagon, cart'.?^^
S or harness, wtdle such property was
2"' ? vice of the United States, either by a?
^e^i^^or contract-except in cases where therttX to
which the property would be exposed was agreed
,"curredb?uhPeowner,.fitihaUapp?arthMmchte?,
raoture, or destruction was without any fault orne
<rl?ence on the part of the owner ; and
who without any fault or negligence sustained or shall
sustain damage by the death or abandonment and ;
loss of any such horse, mule, or ox, while in .the ser >
vice aforesaid, in consequence of the
nart of the United- States, to furnish the same with
sufficient forage, shall be dlowed and paid the value
.^To^estahlish a claim under this provision, itwiUb?
necessary to produce the testimony of the officer or
agent of the United States who impressud or wn
tracted for the property mentioned in such claim,and
also/of the officer under whose irnmedia^ Minmand
-tWe same wm employed at the time of captu ,
SS or abandonment ; declaring m what
way the property was taken into the service of he
United Slates, the value thereof, whether or not the
risk to which it would be exposed was agreed to be
incurred by the owner, whether or as regarded
horses, mules, or oien, he engaged to suppl y.ihe
same with sufficient forage, .n what manner 'helo?
happened, and whether or not it was sustained with
out any fault Or negligence on his part.. - ,
" The sixth section thela wer.av^s. .
- "That in all instances where any minor has been,
or shall be engaged in lhe. J
United States, and was or shall be provided witn
horse or equipments, or with mihtary acwutreme ,
by his palent or guardian, and has died or shall die,
without paying for said property, and the same has
b^eB or shall be lost, captured, destroyed, or aban
Boned, in the manner before mennoned, said Pa?*
> or guardian, shall be allowed pay therefor on making
satisfactory proof as in other cases, and . the fortner
proof t haVhe is entitled thereto, by having furnished
^A^arlnt or guardian of a deceased minor,, will,
' therefore, in addition to such testimony applIc^ble tP
his claim as previously described, have to
proof that he provided the minor with the p pe y
therein mentioned ; that ^emipordied^ut pay
ing for such property ; and that he,; the l?^ or
guardian, is entitled to payment for it, by his ha\ mg
furnished the same.
< The seventh section of the law enacts :
4iThat in all instances where any
than a minor, has been or shall be en gag ^
military service aforesaid, and has heen, i:,*..
provided with a horse or equ.pmenu or with mih^
ry accoutrements, by any person, the owner thereo ,
who has risked, or shall take the risk of
equipments, or military accoutrements on himsf It,
2d the same has been or shall be lost, ^ured.de^
stroved or abandoned in the manner before men
tioned, such owner shall be ^owMp^ t /e ,
making satisfactory proof as in other cases^
further prooflhat he is entitled thereto by having
furnished the same, and having taken the n?K ^ra
^Besides the testimony in support of ^kim here
in before required, every such owner, therefor^ wi
have to prove that he did provide the horse, equip
ments, or military accoutrements therein mentioned
and took the risk thereof on himself, and, that he w
entitled to pay therefor, by having furnished t
same, mkenthl risk thereof, on hinuelfj and <h?
proof should be - contained in a . u^m withsuch
person who had been so provided by him with sucn
horse, equipments or military accoutrements ; .
In no case can the production of the evidence pre
viouslv described, he dispensed with, unless the i
practicability of producing it be clearly provec h and
then the nearest and best other e*l<te
the case may be susceptible, must be furnished .in
^Everyclaim must be accompanied by a d?P??!j?on
ofthe cl amant, declaring that he ^?>t received
from any officer or agent ot the United states a y
horse or horses, equipage, arms, acco^rsX^e mly
wagon, cart, boat, sleigh, or harness, [as the ewe may
be,f in lieu ofthe property he lost, n or an? . JJW?*
sation for the same, and be supported ifprac ira^
bv the ordinal valuation list, made by the appraiser
of the property, at the time the same was taken int
the United States service. .
All evidence, other than the certificates of officers,
who at the time of giving them, were in themilrtry
service ofthe United States, must be sworn to before
someTudge justice of the peace, or another person
duly authorized to administer oaths, an.^
authority, proof should accompanyhe ev^denc^
Secretary of War od interim*
Approved, January 25, 1832;NtDREW jACKSON.
, The Pendleton Messenger, Greenville Mountain
eer, Edgefield Advertiser, Charleston Courier, a. -
Mercury, will copy the above twice.
In the Court of Ordinary ,
LEXINGTON DISTRICT, S.C.
Uriah Frazier el uxor,]
Applicants, I
vs.
Mrs. Susannah Calk,
widow,
Wm. Gregory and
wife Elizabeth,
Jacob Frazier and
- wife Susannah,
Simeon Calk, and
Sarah Ann Calk,
Defendants. _ .
IT appearing to my satisfaction that cSu8PnI"V
Calk, William Gregory and wife, and Sarah An
Calk three ofthe defendants, reside out ofthe limits
of this State, it is therefore ordered, that they appea
before me, on or before the 12th day of ^.arc^ "?xh
to object to the division or sale of the realest
JAMES CALK, late resident on Saluda Kiver,de
ceased, or their consent^iU be^n^ed of re^
Lexington C. II., Jan. 10th, 1838. 3
The Public
4 RE informed that the NBSBITT M ANUFAC
A. TURING COMPANY are prepared to execute
orders in CAST IRON, for the running gear of
Mills, Cotton Gins, Thrashing Machmes. and Cast
ings generally, at their works on the Broad River. in
S^rtonburg and Union Districts, about 100 miles
aM? wSr Waddell and P. & R
lumbia, are authorized to receive orders^A^e^
terns, ihich will be forwarded tc ? thjWgi. rfdj
Company without delay. Mr- E. ?
the General Superintendent, wdl receive and exe
cute orders at the Works. rvlnm
Castin^s will be delivered to customers in Colum
bia^at the Charleston prices ; at the Works they wdl
l'eThe'corapany are determined to deserve the pa
tronage ofthe public.^ t ELMOREi president.
Jan. 20, - : ?
Partition of the Real Estate
of James Calk, doceased.
SONG.
Lord Holland rose, and went to mass,
And doflf'd Ij is mourning weed,
An ? bade thom bring ? looking-glass,
And saddle fast a steed :
"I'll deck with gems my bonnet's loop,
And wear a feather fir.e;
And when lorn lovers sit and droop,
Why I will sit and dine :
Sing merrily, sing merrily !
And fill the cup of wine.
"Though Elgitha be thus untrue,
Adole is beauteous yet ;
And he that's baffled by the blue
May bow before the jet:
So welcome, welcome, hall or -heath;
So welcome, shower or siiine!
And wither there, thou willow wreath,
Thou never shall be mine: ?
Sing merrily, sing merrily !
And fill the cup of wine !?
Proud Elgitha, a health to thee,
A health in brimming gold,
And store of lovers after me,
As honest, and less cold ;
My. hand is on my bugle-horn,
My boat is on the brine ;
If ever gallant died of scorn,
I shall not die of thine.:
. V Sing merrily, sing merrily!
And fill the cup of wine,"
SONG,
BT T. H. BATLK.
Oh, sing ire no new songs to-night;
Repeat the plaintive atrafn,
My favorite air in former years ?
Come, sing if once again:
Sweet thoughts that slumber'd start to lifo,
And give my heart relief; ,
And though I weep to hear that sonj,
'Tis not the tear of grief.
-Her precious record of the past"
% ' F?nd Memory oft conceals, . VL
But Music, with her master key,
The hidden volume steals:
The loves, the friends, the hopes of ycull:.
Are stored in every leaf;
Oh, if I weep to hear that song,
'Timet the tear of grief.*
- From the Southern Jjiterary Journal.
JUDGE HARPER'S MEMOIR ON SLAVERY.
- The institution of domestic slavery^ exists
over far the greater portion of the inhabited
earth. Until within a very few centuries, it
may be said to have existed over the whole*
earth? at least in all those portions of -it
which had made any advances toward civili
zation. We might safely conclude then that
it is deeply founded in the nature of man
and the exigencies of human society. Yet,
fa the -few countries in which it has been
*al>oli?hed ? claiming, perhaps justly, to be
farthest advanced in civilization and intelli
gence, but which have had the smallest op
portunity of observing its true character and
effects ? it is denounced as the most intole
rable of social and political evils. Its exis
tence, and every hour of its continuance, is
.regarded as the crime of the communities in
which it is found.- Even by those in the:
countries alluded to, who regard it with the
most indulgence or the least abhorrence?
who attribute no" criminality to the present
generation? who found it in existence, and
have not yet been able to devise the means of
abolishing it, it is- pronounced a misfortune*
and a curse injurious and dangerous always,
and which must be finally fatal to the socie
ties which admit it. This is no longer re
garded as a subject of argument and investi
tion. The opinions referred to are assumed
as settled, or the truth of them as self-evi
dent. If any voice is raised among ourselves
to extenuate or vindicate, it is unheard. The
judgment is made up. We can have no
hearing: before the tribunal of the civilized
world.
Yet, on this very account, it is more im
portant that we, the inhabitants of the slave
holding States of America, insulated as we
are, by this institution, and cut off, in some
degree, fiom the communion and sympathies
of the world by which we are surrounded, or
with which we have intercourse, and exposed
continually to their animadversions and at
tacks, should thoroughly understand this
subject and our strength and weakness in
relation to it. If it be thus criminal, dan
gerous and fatal ; and if it be possible to de
vise means of freeing ourselves from it, we
ought at once to set about the employing of
?those means. It would be the most wretched
and imbecile fatuity, to shut our eyes to the
impending dangers and horrors, and "drive
darkling down the current of our fate," till
we are overwhelmed in the final destruction.
If we are tyrants, cruel, unjust, oppressive,
let us humble ourselves and repent in the
sight of Heaven, that the foul stain may be
cleansed, and we enabled to stand erect as
having common claims to humanity with our
fellow men.
But if we are nothing of all this; if we
commit no injustice or cruelty ; if the main
tenance of our institutions be essential to
our prosperity, our character, our safety, and
the safety of all that is dear to us, let us
enlighten our minds and fortify our hearts to
defend them.
It is a somewhat singular evidence of the
indisposition of the rest of the world to hear
any thing more on this subject, that perhaps
the most profound, original and truly philo
sophical treatise, which has appeared within
the time of my recollection,* seems not to
have attracted the slightest attention out of
the slaveholding States themselves. If truth,
reason and conclusive argument, propounded
with admirable temper and perfect candour,
might be supposed to have an effect on the
minds of men, we should think this work
would have put an end to agitation on this
subject. The author has rendered inappre
ciable service to the South in enlighteniug
them on the subject of-their own institutions,
and turning back that monstrous tide of
folly and madness which, if it had rolled on,
would have' involved his 6wn great State
along with the rest of the slaveholding States
* President Do w's Review of the V irgtnia Debates '
on the subject of Slavery. -
in a common ruin. But beyond he
seems to have produced no effort whatever.
The denouncers of Slavery, with ^hose pro
ductions the press groans, seem to he una
ware of his existence ? unaware that there is'
reason to be encountered, or argument to he>
answered. They assume that the truth is
known and settled, and only requires to be'
enforced by denunciation.
Another vindicator of ihe South has ap
peared in an individual who is among those
that have done honor to American literature.*
With conclusive argument, and great force
of expression he has defended Slavery - from
the charge of injustice or immorality, and
shewn clearly the unspeakable cruelty and
mischief which must result from any scheme
of abolition. He does not live among slave
holders, and it cannot be said of him as of
others, that his mind is warped by interest,
or his moral sense blunted by habit and fa
miliarity with abuse. These circonxslKwes^ ]
it might be supposed, would liave featured
him hearing and consideration. He seems to
be equally unheeded, and the work of denun
ciation disdaining argument, still goes on.
President Dew has shown that the institu
tion of Slavery, is a principal cause .of civili
zation. Perhaps nothing can be more eyi-.
dent than that it is the sole can?e. If 'any
thing can be predicated a3 universally true
of uncultivated man, it is that he wilt"
not labor beyond what is absolutely necessary
to maintain his existence. Labour fo pain
to those who are unaccustomed to it, and ?
the nature of man is averse to pain. Even
with all the training, the- helps and motives
of civilization, we find that this aversion can
not be overcome in many' individuals of the
most cultivated societies." The coercion of
Slavery alone is adequate to form man to
hahits of labour. Without it there can be
no accumulation of property, no providence
for the future, no taste for comforts or ele
gancies, which are the characteristics and
essentials of civilization. He who has ob
tained the commajd of another's labour, first
begins to accumulate and provide for the fu
ture, and the foundations of civilization are
hid. We find confirmed by experience that
which is so evident in theory. Since the
Silence of man upon the earth, with no ex
ception whatever, either of ancient or mod
ern times, every society which has attained
civilization, has advanced to it through this
process* v ? ' - V-.
Will those who regard Slavery as immoral,
or crime in itself, tell us that man was not
.intended for civilization, but to roam the
earth as a biped brute? That he was not to
raise his eyes to Heaven; or be conformed in
his nobler faculties to the image of his
Maker? Or will thej say that the Judge of
all the earth has done wrong in ordainingnhe
means by which alone that end can be attain
ed 1 It is true that the Creator can make
the wickedness as well as the wrath of man
to praise him, and bring forth the most be
nevolent results from the most atrocious
actions. But in such cases, it is the motive
of the actor alone which condemns the ac
tion. The act itself is good, if it promotes
the good purposes of God, and would be ap
proved by him if that result only were in
tended. Do they not blaspheme the provi
dence of God who denounce as wickedness
and outrage, that which is rendered indispen
sable to his purposes' in the government of
the world ? Or at what stage of the progress
of society will they say that .Slavery ceases
to be necessary, and its very existence be
comes sin and crime ? I am aware that such
argument would have little effect on those
with whom it would be degrading to contend
? who pervert the inspired writings? which
in some parts expressly sanction Slavery^ and
throughout indicate most clearly that it is a
civil institution, with which religion has no
concern ? with a shallowness and presump
tion not less flagrant and shameless than
his, who wo >ld justify murder from the
text, "and Phineas arose a rid" executed judg
[ mcnt." .
There seems to be something in this sub
j ject, which blunts the perception, and dark
ens -and confuses/the understandings arid
moral feelings of men. Tell them that, of
necessity, in every civilized society,; there
must be an infinite variety of conditions and
employments, from the most eminent and in
tellectual, to the most servile and laborious;
that the negro race, from their temperament
and capacity, are peculiarly suited to the situ
ation which they occupy, and not less happy
in it than any corresponding class to be found
in the world ; prove incontestably that no
scheme of emancipation could be carried
into effect without the most intolerable mis
chiefs and calamities to both master and
slave, or without probably throwing a large
and fertile portion of the earth's surface out
of the pale of civilization ? and you have done
nothing. They reply, that whatever may be
the consequence, you are bound to do right ;
that man has a right to himself, and man can
not have a property in man ; that if the negro
race be naturally inferior in mind and charac
| ter, they are not less entitled to the rights of
humanity; that if they arc happy in their
condition, it affords but the strongerevidence
of their degradation, and renders them still
more objects of commiseration. They re
peat, as the fundamental maxim of our civil
policy, that all men are free and equal, and
quote from our Declaration of Independence,
"that rr.en are endowed by their Creator with
certain inalienable rights, amoug which are
life, liberty, and the pursuit of happiness."
It is not the first time that I have had oc
casion to observe that men may repeat with
the utmost confidence, some maxim or senti
mental phrase, as self-evident or admitted
truth, which is either palpably false or to
which, upon examinatiou, it will be found
that they attach no definite idea. Notwith
standing our respect for the important docu-"^
ment which declared our independence, yet
if any thing be found in it, and- especially ?iri
what may be regarded ratheras its orname'ut:
than its s ubstance?false v so phisti cal or un
meauingvthat respect should not screen it
from the freest examination.
ALL .nen are born free and equal. Is it not
palpably nearer the truth to say that no man
was ever born free, and that no two men were
ever born equal T Man-is bom in a state of
the most helpless dependence on others.
He continues subject to the absolute control
Hil F&uldinj? on Slavery. ? T
of others, afid remains without many of the
civil, and all of the political privileges of hi?
society, until the period which the laws have
fixed, as that at which he is supposed lo' at
tain the maturity of his faculties. Then
equality, is further developed* and become#
infinite in every society, and uuder whatever
form of government. Wealth and povorty,
fame or obscurity, Strength or weakness, -
kuowJet'ge ot ignorance, ease orlabor, poWer
or subjection, make the endless diversity in
the condition of men. '
BuPwe have not arrived at the profundity
of the maxitn. This inequality is in a great
measure the result of abuses in the institu
tions of society. ~Th*;y do notspeak of what
exists, but ol what ought 'io exist. Every
one should be left at liberty to obtain all the
advantages of society which he can compass,
by the. free exertion of his faculties, unim
peded by civil restraints. It may be said that
this . wculd not remedy the evils of society
WhicB a? complained o? ' Tl^e inequalities
to which I have referred, with thtf jfilljtqCi!*-?
suiting from i.hem, would exist in fact under
the freest ana most popular form of go ve ru
in ent that man wonlddevise. But what is
"the foundation of the bold dogma so confi- ;
dently announced ? F emales are human and
rational beings. 'JTiev may Tie found ofbetter
faculties & better qualified to exercise political ,
privileges and to attain the distinctions of soci
ety than many men ; yet who complains of the ;
ordejr of society by which they are excluded'
from them ? For*] do not speak of .thefcvV
who would desecrate them ; do violence to the
nature which their Creator has' impressed
upon them ; drag them from the position;
which they, necessarily ocoupy for the exit- *
tence of civilized society, and iu which tbey^
constitute its blessings and ornament-rthe
only position which they have ever occupied i
in any human society ? to place them in
situation iu which they would be alike mise
rable aud degraded. JLow as we descend in.
combating, the theories of presumptnovif
dogmatists, it cannot be necessary to stoop
to this. A youth of eighteen ntay hare pow
ers which cast into the shade those of any '
of his more advanced cotemporaries. /'Ha,
may be capable of serving or. saving - his r
country, and if not permitted to do so noir,
the occasion may have Jwtn
But he can exercise no political privilege
or aspire to auy political distinction. It is
said that of necessity, society must exclude
from some civil' and political privileges those
who are unfitted to exercise them, by infirmi
ty, unsuitableuess of character, or' defect ef
discretion; that of necessity there must be
some general rule en the su bject, an&X
any rule which can be devised will ope-'
rate with hardship and injustice on indivi
duals. This % is all that can be said andaii
that need be said. It is saying, in Other
words, that the privileges in questiou are no
matter of natural right, but to be settled by
convention, as the good and saiety of society
may require. If society should jlitfraiffihiai
individuals convicted of infamous crimes,
would this be an invasion.of natural, right f
Yet this would not be justified on the score .
of their moral guilt, but that the good of
society required, or would be promoted by it.
We admit the existence of a moral law; bind
ing on societies as on -'individuals. Society t1
must act in good faith. No man or body of
men has a right to inflict pain or privation oo .
others, unless with a view, after full and im- j
partial deliberation, to prevent a greater evil.
If this deliberation be had, and the decision '
made in good faith, there can be no imputa- .
t ion of mo rat guilt. Has any politician con%
tended that tli|tovery existence ^of govern
ments in which there are orders . privileged
by- law, constitutes a violation of morality;
that their continuance is a crime, which men
are bound to put an end to without any con-*!,
side/ at ion of the good or evil^td resnlt from'
the change ? Yet this' is the natural i nfer
ence from the dogma of the natural equality'
of men as applied to our institution of slave- '
ry ? an equality not to be^ invaded without
injustice and wroug, and requiring to be re
stored instantly, unqualifiedly, and without
reference to consequences.
Tp is sufficiently romjnon-plafce, but wo
are sometimes driven to common-place. It
is not less a false antfshallow than a presump
tuous philosophy., which theorixes on -the '
affairs of meiiLas, of a problem to be solved by
some unerring rule of hum an reason, without,
reference to the designs of a superior intelli
gence, so far as he has been pleased to indi
cate them in their creation and destiny^ Man '
is born to subjection. Not only during in- 51
fancy is he dependant and uuder the control
of others ; at all ^ ages, it is tf&very bias of
his nature; that the strong and the wise should
control theweak and the ignorant. So it has
been since the days of Nimrod. ,The exis
tence of some form of Slaved in all agesand
countries, is proof- enbngh of this. He is
born to subjection as lie is born iu sin and ig?
norance. To make. any considerable progress
in knowledge, thVpontinued efforts of sue*
cessive generations, and the diligeut training
and unwearied exertions of the individual are;
requisite. ' To make progress in moral viW
I tiie, not less time and effort, aided by superior
help, are necessary ; and it is only by.th^
matured exercise of his kno wtedge a?t * '
virtue," that lie can attain to civifjfijee<
Of all things, the existence of crK? tjij
most the result of artificial institution. 1
proclivity of;the natural man is td:'dSmii
or to be subservient. . A-noble result ind<
but iu the attaining of which, as- in the: ins
stances of knowledge and virtue, the Creator^
for his own purposes,'haiTset a Koiitt "
which we cannotgo. /
Iiut he who inmost-advanced in knowl
is most sensible of hb ? own ignorance, aod
how much must forever be unkuowu to man
in his present condition. r As L have heard it
expressed, the farther you extend the circle
of light, the wider . is the horizon of. dark-"
ness. lie Who has made the greatest. pro
gress in moral purity, is most sensible of the
depravityj not only of the world around him,
but of his own heart and the imperfection ot
h?s best motives; and this he knows that men
must feel and lament so long as they contin
ue men. So when the greatest
civil- liberty has been made, the enlightened
lover of .liberty will know that there must w*?
main much inequality, ranch injustie^gtytejT
Slavery t which no homan wisdom or vutvs
will ever be able whollv to prevent^'ie&s||
As I have before had the hoOor ??|^M^