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ino*t familiar In our chihlho.el, iliey ?ftscss also strong claims to historical re? Hiwn. In Spain they long maintained a splon Hjrampire, anil the glory of Pclagio, of the Cid BHdrigo, and Gonsalvo, in principally derived HH the agency of theso heroes in (ho expulsion Moorish kings of Cordova and Grenada. HHAavo forgotten tins fate of Don 8ebastianj jSgFCf Portugal | and none perhans aro igno* nWrof tlm discomfiture of Charles v. who, back* r eWty half the |>ower of Ktirope, and all the troa* sure* of tho new world, invaded Algiers. from .whose territory ho was driven after the loss of tylmoat tho whole of his armr. Another exam* pie is that of Lewi* XIV. \>1io made attempts to Aumble the pride of thesn nations, but was ne* fc'cr able to gain from them term* so advantage* oils an those dictated by our commissioner*.? Nav. even the potent fleet of lord Nelson failed iiipi still more recent instance in a* similar at* twnpt, alter having previously succeeded in ri* thers, that were at that timo considered almost ^sperato, but which have since been discover* iW to Imvc mved their success to tho deplorable imbecilitv and mi ndfulness of his opnonents. From the foregoing causes, as well as from the circumstance of tlteir having long been the terror of the mariner, and the scourge of the towers bordering on and navigating the Mcdi* eriancan, has arisen that feeling of vauue, but overwhelming terror, with which the world has lion*/ contemplated these renowned barbarians. This fueling was perhaps stronger in this coun trv, previous to the Tripolitan war. than any where else, ami we conte uplated these poor creatures through the same e xnggerated meiliu:o we once did. and in some decree still do, more thun one nation across the Atlantic. To the gal hi nt navv which lirst dissolved the enchant* moot of llritiah superiority . are we indebted for our emancipation from that of A I serine prow* e<e?, and for this among other benefits we aro in debted to a race of admirable officers, who sefoed to be conscious that whatever other men nuttht be. they c mid not be more than their e quals. Thev seem, indeed, even to have pos sessed that noblest species of confidence, which is not derived from any idea of what their cue* mies ini^iit be* but of what they themselves re ally were. In contemplating what was performed by our small force, conducted as it was with characte ristic promptness and energy, we are called uptin to compare it with what was done by the most powerful monarch* of Kurope, and the comparison is a subject of honeut exultation.? Perhaps to assume a superiority over these fnicht v potentates, who occupy so large a space in history, may he called boasting, fto let it he. It is by performing such tilings, that nations he coine illustrious, and it is bv shaking of them as thev ought to be spoken of, that courage ami enterprise meet their reward, and emulation is awakened from its slumbers. The pride of our heaits is gratified with the knowledge that while the corsairs laughed at the demands of a superi or European fleet, carrying the descendants of l)o Kiiyter and Van Tromp. they shrunk beneath the energy of a republican commodore, and gave up what tney had never before yielded to any nation. In addition to this, both our pride and our humanity are solaced with the conviction that our ships of war, ennobled as they aro by many other attributes, have, by the late trenty with Algiers, become n(tnetinirle*i not like the Catholic and Mahometan churches, for robbers and assassins, but for the oppressed Christian slaves of all nations. ? >Xbvitl Chronicle. LWV INTKIJJGKNOK. 4-1 Tn kqi; it y . Orangeburg District , Fehrunry Term, 1816. Thorn** duller cl al. 1 V*. > niM. TO ACOlf IT. Rtnatlun ll.ukcl. 5 TIi'ih lull was brought tn set aside an agree* men t entered into between th$ parties, under the following circumstances j?Margnrct But ler, wlio ha* been an Idiot from her nativity, anil was possessed of a largo real and persona) *a tut i! on Waccsmaw, had no Itgaihir Immediate kindred known in thin Htate. The complainants considering themselves an next of kin and heirs at law of the said Margaret, employed' their brother Ucorgc Hutler, to investigate and as certain the degree of relationship that subsisted !><?? ween them and the idiot } and after having been engaged for three yearn in making enquiry be acknowledged he hail made little or no pro green t'lerein. Tlie complninants considering the defendant ana nmn of great experience and skill in (lie management of transaction* of that kind, iipplied to him and agreed t<> give him one tenth purl of all he could recover, us a compel)* ant inn for >.i>. trouble and expenses, and oil tfo 2ftth of March, 1804, entered into nt? agreement to that effect. ? That on the tffld of Juue follow ing he purchased of Charles and iame* llutlW? all their right and title to the said Margaret's e* *tate ? and on the 19th of July in the name veur. ho purchased of William and Thomas lfutler their respective claims thereto ; that on the 2d day of May, 180.1, a bill was Hied to perpetuate the testimony) that Margaret Hotter, the idiot, died in 181 f? -shortly after which event, a suit wan instituted in the court of equity at George town, for the purpose of ascertaining who were her next kin ? and the decree was in favor of the comnliiinautsnnd certain other persons there in mentioned.' It farther appears, that after tho death of the idiot} and subsequent to the decree, the complainants executed deeds of conveyance to the defendant, with a fall knowledge of eve ry circumstanc* relating to the case, and were apparently satisfied, ana expressed themselves to that effect. The first ground contended for by the com* plai'ants' counsel, is that they wero ignorant of their right*. There are cases in which the ignorance of ^ particular fact will be A ground of relief) but every kind of mistake is noire* lievable, even in equity?for although It will grant relief against a plain mistake or misrepre sentation, yet it will tint interpose if the fact was from its nature doubtful, or at the timeol the agreement equally known or unknown to both parties, or where tltere has been ? long ac (juuucsnce. An tuicnoKMiee , in law A laid - down ?s a general rule, that it shall iH^kct a. ? giecmcnts, nor excuse from the left^Rnse. ?juenccsof particular acta. Hut in th^Bso it I wow not appear that the parties were ?Srant jf tJ,?}r rigms, for the defendant nvelra all the information ho received from Sine Vtimc, , "l*Mfged in hb answer, and strcmSicncJ to ft? fo!1,"""!* ?f 0?H? Butler. Umltr thishead it has been contended, and attempted to be proven, that the compUinanta are men of i very moderate intellectual facultiee. and easily imposed on. But this fact ha* not been sup ported bv evidence. Col. Middleton and Dr. i irt! ^tlr capacities are on a lev el with men of their class generally. And if tho court was once to sanction tho principle that inequality of talents was a grounu for an< nulling contracts, there would be no e:id to liti gation. On this ground, complainants must fail. It is further contended, that tliis contract ought to be set aside on the ground of misrepre sentation and concealment. The defendsnt un equivocally denies this allegation in the bill, ami as no testimony has been adduced in sup |?oi-t of it, this must also fail. . 'Lc nox* WfOwndtipon which tho complainants i*l y for relief, is, tho gross inadequacy of price. I hi* principle, although familiar in the Knglish courts, ,18 isomowhat novel in this country. The most of the cases there, under this head, arise from young heirs selling their expectancies i ami the policy of that country seems to require that there should bo one great and influential man in a r ?ily, to the im|ioverishment and dis inheritance of the others. A similar policy does not prevail hero, nor do I think tho doctrine should be carried to so great an extent. In the cases laid down in the books, there is no particu lar rule by which to ascertain what disproporti on will be sufficient to annul a contract { in some cases it is more, in others leas. The civil law lays it down at twice as much as the price given. The disproportion in this case is by far the largest to be met with, but it may be obser >o?, that in soine Aspects it was contingent anil remote ? and it being aspcculntion, the de fendant mi?ht have lost all, in which case the complainants would have gained and the defen dant lnht to the amount advanced by him. Up. on this |H>int it seeins to be generally agreed, that mere inadequacy of price is no ground for the court to set aside an agreement, altho* exe cutory, if it appear* to have lieen fairly entered into ami understood. And there is ah aburf. dance of evidence to establish the fact that they were perfectly apprized, and great pains taken to inform thein ol tlieir rights, after the decree iiad been obtained, and nothing left in uncertain ty. And Htill less is it to lie considered as a ground for rescinding a contract already cxecu ted. And forasmuch as the cxhorbifancy of price has not been held sufficient to discharge a defendant from the performance of his contract, l>v tho same parity of reasoning the complai iiants slmll not be relieved if they have disposed of their property for lessen value. It^oes not appear to the court that the contract ought to be set aside on the score of inadequaovof price, as there is no actuid fraud proven anunal the defendant ? and the complainants eleven years after the first contract Tad been tWtered into, when they possessed every light the ease was capable of reflecting, recogr.i7.ed the tranS^ action & executed a solemn deed of confirmation* The last, and by far the most difficult a^ta* portant point in this caee, is, supposing the transaction to have been fair in every reapect* and unpolluted uith the least tincture of fraud! was the relative situation of the partiet'-'ttmyM legally to allow them to contraetfH$h0re fart bo no doubt but in June and July 1804, when the defendant purchased of the complainants that he acted as agent or trustee for them? The question then will arise, can a trustee purchase of his cental que trust P and I am decidedly of opinion that such purchase cannot be valid un. der any circumstances, Jurin* the continuance of such relationship. The probable indigence of the cestui que trust, who under the pressure of necessitous circumstances, would prefer the present enjoyment if a small portion of his es tate, to a distant and remote expectancy of the ?v?!e? 7 vc opportunity the trustee hss of ob tainlng information as to the nature and extent of the trust cstate-^The undue influence wliieli the trustee may have over the cestui que trust ??.render it dangerous and impolitic that they should be nermitted to contract for any thine re lating to the trust estate. Hut here another question arises-? will lapse of time and subse quent confirmation, render that valid wnlch in its creation was invalid ? It appears that eleven years after the relationship of trustee and cestui que trust had been dissolved, the complainants, with their eyes open, wjth a full knowledge of the ttfture and extent of their rights, voluntari ly executed solemn deeds of confirmation, rati* lying and sanctifying the original contract. I am therefore of opinion, that this last act of the complainants completely shuts the door against ?heir recovery. ? Upon the whole, I am of opinion that tho com plainants have failed In establishing the Ihct of actual fraud ? and that there docs not exist in this case, those combinations of circumstances to Presume legal fraud?Wat the parties are | An amouut of property to near ft 70,000, is nj issue In the above case. Messrs. Felder and Harper were counsel for complainants ? and Messrs, 1'arker and Stark for the defendant? The complainants' counsel have entered an ap peal from the above decree.? ?TeU^raph.'] Chnrhttfm, Feb. 90. ? The Court of Common PleM cloned it h term on Saturday. To Judge Smith belong* the honor of going Ui rough, at one term* the whole docket j an achievement not aecompMnhed by any of hi* predeceenoni for mn nr yt*r?s?Hnvn Hundred and SLvfy Four ver diet* were (Attained on the Utile docket, ninny eonfeitftlon* of Judgment and numerous nonsuiU. without mentioning thone on the enquiry docket. ; It it connidercd an epoch in our juriflprudence 4 and the gentlemen of tho bar celebrated it a* a | jubilee, njr giving to the judgo an elegant dinner. *.? ? ? t? bib 'vi m ? mrmm CONGHK88. MEMORY OF WASHINGTON.' [Tho following were the observations with which Mr. IIvokr of 8. Carolina prefaced hit* motion respecting thepledge of a former Con* gee** on tho death of Gen. Washington t] Mr. Hvo&r ?ai<l that what he deemed a so lemn duty obliged him to claim the indulgence of the house for a few momenta. Ilo hau l>eeu detained by severe indisposition front attending his duties in that body since Saturday last, and though better* he should not have ventured out to*day, but for a picce of information which had accidentally readied him that morning, hi glancing his eyes over thu papers just brought him, he was struck by certain resolutions pub. lished in the Richmond Knquirer, from which it appeared that the legislature of Virginia, had, by unanimous vote, authot-Ucd the Governor of the state to apply to the honorable Hushrod Washington, to permit the remains pf her belo ved son the late general George Washington to bo romoved and interred near tf e capitol of Vi? . ginia. Ilis heart sunk within him, he confessed on reading those resolutions, and calling to mind the scenes, he had onco witnessed, and in which he had once acted a part on tho Door of that Congress, which represented the American nation, on the death of this great man. He had often since thought with astonishment, and more than regret, of the apathy of tho American peo ple on this subject. But, although lie remem bered with tho most poignant grief, the failure of his exertions, and the fur more powerful exer tions of some ot the best and greatest men wl o wore at that time members ofCongrcss, to get something done, worthy of the father of his country, and not unworthy of tho American na tion } yet he had not forgotten, that the sixth Congress had gone so far as to authorise the President of that day, to write in behalf of the nation, to Mrs. Washington, and to make of her a like request in regard to the remains of our beloved Washington.? Neither had he forgot, ten the admirable and pathetic letter written bv that lady j in which sne grants their request. The remains of Washington then were pledged to the whole nation ; and he trusted the timo was at length come, when the honora aacredly due to them, would be paid, aa they ought long ago to have been, by the represeniativea of the , whole American people, lie had himself been a member of that Congress, and one of those who had approved of the application made to Mrs. Washington He haxlt moreover, been one of the committee, (the only one how honored with a seat on the floor) to whom the aubjcct had been referred, when it nad been lost before Con gress. lie did not therefore, he trusted, assume too much to himself, when he ventured to think, that It had in aome degree devolved on him, as a sacred and solemn duty* to call the attention of Congreaa to thia pubjpetat the preaent time, and PS.lrf&fr'iL the chair, he would, bo permit.. v%* (IRi) UH|I he trusted no gentleman could lie meant thereby to express any disapprobation in regard to the resolution of thu legislature, or , to evince tho smallest disrespect to the atato of | Virginia. He was one of thu last men in the Wiae to do ao. Virginia had been to him and ill ho small degree a second alma?mater. Tho' , ho first drew his breath in the capital of South- 1 Carolina, he had passed during the revolution ary war several of his early years in the former state ? being exiled from hie native state, then . in possession of the enemy. He had met eve- 1 ry where, and from thousands in Virginia, hos pitality, kindness, friendship, ami he might with propriety add, parental affection and protection. It was impossible all this cpuld ever be erased from hia heart, and as he before observed, lie had never ceased to regard Virginia aa his se cond alma-mater. Hut South-vorplina was not less dear to him, noi* could lie forget her claims on the present occasion. She formed a portion of tho great American nation. Aa such, she had her full interest iu the pledge possessed, to tho mortal remains of our father and chief. Aa a South-Carolinian, therefore, and member of tho American family, as Well aa from the pecu liar circumstances connected with hia personal situation, being an immediate representative on the occision before alluded to, and at the preaent time of the state of South-Carolina, ho felt him self imperiously bound to offer the following re solution to the nouse t ' " lU*olveity That a committee be appointed to examine into the proceedings of a former Con gress on the lamented death of George Wash ington* end to take into consideration what fur ther measures it may lie expedient to adopt *t the present time In relation to that solemn and interesting subject." 1I0U8K OF KRPHK8BNTATIVE8. NnlHTiltiu, February 17. On motion of Mr. Ifugcr* the house proceeded to consider the resolution submitted by him )ch tordny. The resolution wah modified &, ajrreed to ns Follows i 41 Resolved, That a committcvbc - Appointed to Join such committee am may be ap pointed by the Senate, to examine into the pro. cecdinns of a former CongrenH on the lamented death of the late George Washington, and to take into consideration what further meaflUresit may Iks necessary to adopt in relation to that solemn and interesting subject >" and a committee of 7 were appointed on the part of this house. On motion of Mr. Pitkin* 44 Wcwhv/f, That the President be requested to cause to bfe bid before this house information relative to the duties laid on Article* imported from the U. 8. into the Br. provinces of ('atiada, N. Kcotia And N.'Bruns wick, on articles exported thfrtce to the V, 8. And relative to duties on goods imported into the. W. Indie* from the IJ. 8. ? And as to the duties i to which t J. 8. vessels are subject in the ports of ! the British Rant'lndie*." I The house, in committee of the whole, then ! took up the bill for the relief of the Canadian re. fugcta. Mr. Webster'a Motion to itrike ou first section wan discussed, and negatived j the committee rote aud reported progress. Mntar* 19. Tho Speaker laid before the House a I* from the Secretary of tho Treasury in pursu: of a resolution of tills House of the 4th in*t. peeling tho duties |>aid ou the tonnage of llr vesseN entering the porta of tlie Unite*! 8 with cargoes, from the Ht-itish Weat In? which was read and ordered to lie on the t The House (hen went into committee e whole, Mr. Condlt In the chair, on the oi of tho da,)*? .the hill to relieve certain Caiu volunteers in (he late war, being under c deration, Mr. Joltntun of Ky. moved (o ai (lie bill, bo aa to include in its provisions i refugees only who had been citi/.eiis of the ted States previously to (he late war | v motion was carried without a division. Harbour proposed, by wav of amendment entire substitute to the bill, .(lie object of w was, to allow to the Volunteers in <|ue*tio bounty in land, in proportion to tho rank held in our service, instead of graduating bounty by tlie amount of their losses ill Con A delintc ensued on tills proposition, which branching a good de?l into tlio merits of enne, occupied nearly tlie remainder of the '?iie <|ue?ttioii was finally taken on the proj (intendment, and carried?A ves 77, Noes The committee thou proceeded to fill up blanks in the bill, (to apportion the bourn after which. tlie committee rose, & reported bill to the llouse. Mrmry 20. Mr. Wilde from trie committer appoints that uuldect, reported n bill f-tr establish!! National University at the Heat of govern me which waii twice read and committed. Tho House then proceeded to the conshh tion of the report of tlic coininittec of the wh boitip; tho ameudmcbt of the committee to bill to compensate cert.-iiu ('nnadinu voluntet After several ineffectual attempts to aim; and to recommit the bill, the question on c earring in the report of tho committee of whole, (to apportion the bounty according rank) was taken by yeas and tiny*, and deci? in tho afftmative ? Yeas 85, Nays 48. The was ordered to be engrossed, an amended, s read a third time. The House then proceeded to the other | of the report of the committee of the wholo, ing their amendments to the hill mnking fort provision for military services during the war. After agreeing to the other amend me of the committee, tho question was stated concurring with the committee of the whole, striking out the 3d section of the bill (wh provided a bounty in land to the disbanded t cers of tho late army. But the House adjou ed without coming to aily decUion. If'titnttikn/, Ftbruarg 31. >n of Mr. Smith, " Rr wived, T1 ee of Way sand Means be instruct . whether any, and if any, what alt* neccmry to bo made in the law a 1 kt" on thc tonnj^eoJT foreign vea proceeded to take Up the report ottho Mane on tho part of tht* House, ori the subject ill-agreeing yote? of the twd House*, on the to carry into effect the Convention ofComirrei with Great Britain* ? This report la too long < be inserted here t embracing the whole grout taken by the conferees of this House* and tho of the Senate. The form given to the bill I his House was substantially agreed to by tl conferees, except tho declaratory words in tl. enacting clause, which were insisted on by tl conferees of the Senate, admitted by those this HoUse, and their acceptation recommend^ After aome debate* the report was laid on table. v: ?? On motion of Mr. Wilder ?? llftolved, the comtmttee on the judiciary be instruct* enquire whether any > and what more convet (irrangementa can do made relative to the 1w . anil places of holding the circuit courts ofH ; (7ui ted States forthe districts of Georgia flhi South-Carolina." ? -"v On motion of Mr. Saraeant, u Reaolvtd, the committee on the judiciary be instruct enquire and report if any. and what alteri are neceisary in the judicial system of the ted States." The engrossed bill to compensate certaW nadian volunteers, wns read the third timj put on its passage. The House then proc to the order of the day, Iwing tho report committee of the whole House on tho bit] king further provision for military service! ing the lato war ? the question on conri with the Senate in striking out the 3d scctL, tho bill (which provided a bounty in land the disbanded officers of the late army,) wan. cided in the affirmative. The remainder of I amendments reported by the committee wi then successively adopted. The House had r , not through the bill, w hen a motion was mi and carried to adjourn. T%trtdnff. February 22. Mr. {ngham from the committee on pott offi ccs and post roads, reported a bill In ad dition to the act to regulate tho post-office eata hlishment ; which was twice read and commit ted. Mr. Nelson of Vn. from the committee on thi Judiciary, reported a bill for the more conveni ent arrangement of the times and places of hold ing the Circuit Courts of the United States foi the districts of H. Carolina ar.d Georgia \ whicl was twice read and committed. On motion of Mr. Moore, " Retnlved, Tha< the committee on. the Judiciary be instructed t* enquire into the propriety of providing by law to compel witnesses to attend from one state to another ?tate, to tvrosccute, or give evidence In canes of felony or nigh crimes." Mr. Iluger after some remarks moved a re?o lution to institute a committee for the purpoi? of examining generally into the snhject of unset tied baKneej duo the United Irtatca, and espe