The telescope. (Columbia, S.C.) 1815-1818, December 10, 1816, Image 3
ition, and two only.?-1st. Is ftiere no ovil un
or tlio existing article which it is proposed to
Iter ? Cd. Will the alteration advance tliu re*
icily ? Upon the first question there seems to
2 but ono opinion* An evil of ito ordinary
lagnitude exists. Tho delay of jiiltico under
ie present organisation of tlie Courts of Law,
moat equals a denial of it* A legal lifetime
oe4 not bring up a case placed at tho foot of tho
rcketof the Constitutional Court at Charles*1
m. The first question thus admitted and con
nlod, tho accontl presents itself for our consi*
.nation. Will the alteration proposed correct
0 evil by advancing the remedy r To this 1
iH\vcr no. 1 havo listened with attention to
ose who advocate the meartlire j I have heard
.oin called upon again and attain, to point out
?w, under our present judicial arrangement*,
oretimo csn bo gained for holding the Courts,
? how the physical powers or moral faculties
' vonr Judges, can ue increased or renovated
?'an increase of labor. For eight years have
>o Legislature been endeavoring to pass somo
.w to enable tho Constitutions! Court to dla-1
>so of tho enormous mass of causes that now
icumber its docket. All of us agree that such
1 cflort is futile. Th^se two questions thus
solved, it would appear the alteration of the
?institution would be a nugatory act, becauso
mluctivo of no advantages, llut, Mr. Chair
nn, it lias been eaid on another occasion that
is section ought not to be in our Constitution i
at it was the child of jealousy, and should be
moved from the sacred abode, where it has
acefully slumbered for twenty-six veara j that
ndamental principles only should bo there,
d that it ceascs to be a constitution when it
es into detail. Tins, Mr. Chairman, I cannot
cede to. Constitution, in its genernt mean*
$. signifies no mure than the form of govern
Mit established in any country. But its parti
Inr meaning, denotes a regulation or taw
ide a sunreine authority. Is not the article
mpluinetl of, a regulation, a taw, upon a most
pur tunt subject, viz. upon the judiciary of the
te ? The constitutions of Georgia, Ken
ky, Maryland and Pennsylvania go much
ther in detail. 1 cannot see any ground for
objection, and therefore will not ngree to
lunge the section upon tho score of illegiti
c>;
t has with equal wsrmth been said that our
estors were wtaer than ourselves, and tliat
should not touch the sacred ark of our liber
} that it was given to us for a blessing?but
to impair its iiiilar* we shall preci|iitato its
aod bo buried in its ruins. I cannot believe,
Cliairinan, that our country does not a
i?; other improvement, improve in mental
lligenre. X\ r have the benefit of our fore-,
er?' wihdom with the advantages which ex
encc has taught. That which is fair and
itiful in theory, frequently becomes duform
nd hurtful in practice. * Lock's essay on
huomn undei-standiutf, his astute know
;c of the arcana of government, and his in
ite acquaintance with men and things, emi
tly qualified him to write a constitution.
h:? constitution, composed lor tho Province
varolinn, evinced that practical men, though
ens understanding, could frame a better,
V iric as our ancestors were, yrt full as wise,
ie present generation. What thoy have done
|, let us preserve i but what the changes of
I and circuniMtonccH have rendered hurtful,
is remedy. I would not have the coustitu
touched with unhallowed hands) brnt our
db by its own creation are hallowed for its
"cction as well as preservation. But, Mr.
irman, without a sufllcient reason, 1 would
touch it.
?et us, Mr. Chairman, examine whether our
culties cannot otherwise be remedied. I
wcr they can.?To prove this I advance the
wing arguments i <flie present exercise of
vnind and body of your Judges is more tlian
human constitution can bear. This fact be
admitted, nudnoone will deny it, it proves
injury complained of can never be remedied
er the present existing system.
?Ve now srrlve, Mr. Chairman, at the im
?ant fact embraced in this enquiry. Your
ient judicial system, sir, is radically deli
nt!! It is rotten to the core I! Alter it
damentally?establish a Court of supremo
lellate jurisdiction?-give your Judges such
mi"., as will induce men of respectability to
V your bench ; exclude superannuation ) di
i .e labor now given to your Judges, and
-.irk will bo done faithfully, expeditiously
', *h ability* Thus, sir, fhe ovil can be re
indivsud not otherwise. To this end a hill
<t scriofi^e the Legislature. To alter the
riio depres>A)|j* I fear, endanger its passage,
i scribed, in Aimtch up the rotten system.
? from tho colon&ouhl * single vote in fa
Misivcly connecte/tvoting saaliist the
from the indirect operalM " little
F.< fundamental
revimis to tVe late cony*?1' Vn*e for its
een the United States*"0 of this
dative state of tlz ?'f the other, I
countries, irnjn ' '"iy0 "o fears that there
, had given >^,on?l Court held at Charles*
I .'?'??'?*_<? thing to be apprehended is, that
:a Courts will bo too widely extended
iirhotit the state. This evil in more likely
mi than a diminution of the present pla*
f holding the Appeal Courts. Taking this
of tho subject, I shall trouble tho commit
'? farther upon this question.
for speeches from several other geutlemen,
irh side of the question (the publication of
I. hc arc obliged to defer) the committee
and reported the bill without amendment,
question on the pssiage of tho bdl was then
i and decided ill the affirmative?Ayes ftH,
? S81 and tho bill was ordered to the Senate.
N'lliirilw, ftsrwhtr f.
ic llftuno wa* principally occtiniei), In com*
?<> of tin* whole* Mi*. John L. WlUon in the
?, tin fit? Mil for abolishing th? prenont court
p|M?nh in faulty and ?*t*hli<?hing a supreme I
? ???'nppi'tlMc j'irWIIctlon in !?av/ & iRqtilfy. J
Ihctxbet' \),
Tlie^liscussion of the judiciary bill was re
turned in committeo of the whole, Mr. Martin
in (ho Ch^ir* After several hours spent in de
bate, the committee roue and tnado a report re
commending that tlie lit fcction be stricken out
?'The cjUeMitm on concurring with this report
was decided an follows* Ayes Ti), Noes 39.??
So that tho bill was rejected. [Tho debate on
this quostlon has beeu reported and shall bo glv
on as wo havo room for it i the ajres and noes
shnll appear in our next.]
TUK8DAY, DRCKMHKIi 10, 1H1S.
Colonel Andrew Pickens, of Pendleton, was
on Thursday Inst elected Governor of this 8t?te,
and Gen. John A. Cuthbert, Lieut. Governor.
William Smith, Esq. one of the Judge* of the
Court of Common Pleas, of thin State, was on
Wednesday elected a Senator in Congress, to
servo until tlio 4th of March next, in the placte
of the Ifon. John Taylor, resigned t and also
to serve for C years from the 4th of Marchnext.
'Hie following gentlemen, were on Tuesday
elected Electors of President and Vice-Pi esi
dent of the United States, viz.?Win. Garrett,
Philemon Bradford, Jamc.t Duff, Thomas Evans.
Wm. M'Kerall, Frederick Nance, Jno. Thomas,
It. H.Scroven, Thomas Lee, Joseph Reid, Jno.
L. Wilson.
Heujamin T. Elmore, Esq. was on Thursday
elected Treasurer of the ITpper Division.
Tax Collectors elected in addition to those
heretofore published, and tho one for St. John's,
Colleton, published wiong in our last.?For St.
John's, Colleton, John Holmes ; St. James,
Goose creek, Dennis Gilmore ; St. Ilelenn, W. |
C. Fripp ; St. Peters, II. Thompson t Lexing
ton, Drurv Fort.
The following gentlemen were on Thursday
elected Directors id' the Ilank of the State of S.
Carolina?one still rcmnins to be elected : Ste
phen Elliott, president, W. S.'Smith, David C.
Webb, M. A. Waring, Daniel Fludd, J. (lor
don,Tho. Lehre, 1). A. Markley, J. Shultz, J.
Adgcr, F. G. Delcsseline, J. Frazicr.
ran rat TCtticnpK.
TO Tin: LRGIKI, VTOltH OF HQUTHC.Vnol.IN'A.
I am informed, that at a meeting of about ele
ven of thn trustees of the South-Carolina Col
lege, on Saturday last, a resolution was past, to
request of tho legislature, nu increase of the pro
fessors* salaries. To this, I hone that every
friend to the state and to tlie college, will give
his decided disapprobation. One broad and ge
neral principle ought to govern apportionment
of salaries in tho College. Tlie principle is this,
give to every member of the faculty a stated sa
lary, according to his rank? and let thatsalos y
beabaro subsistence for himself and family t
butleavo any further emolument to his own per
sonal exertions, in delivering a course of lec
ture# on tho branches of learning in which he
teaches, in addition to the ordinary instruction
ut recitation. In this way you leave the reward
to go whero it ought to go, to talents and learn
?'?}? I you will animate genius, and repress dull
tfess j you will crcct an impassible barrier
against incompetent men ; you will banish in*
tngue and sectarian influence in the election of
officers) you will secure teachers exclusively
devoted to literature, and to the tarvice of the
College. It is by adopting tho above principle,
that the University of Edinburgh has eclipsed
all tho eehooU of Enrrtpc. i there, tho teaci.cris
made to depend on his ow* talents, learning,
and industry, for all that ho receives almvo a
bare subsistence j and, Imwover I deprecate
the political institutions of that country, I long
to see this principle adopted in our College. To
support this, is of inAnitc importance to the
stotoin every noint of view. If you wish to
see the institution flourish, hold out ample re
wards to genius and learning j but do not hold
them out in such a way, that they become the
prey of cupidity, duliiess, party spirit, and sec
tarian intrigue. Great salaries aro indeed an
encouragement to eminent menj but eminent
men arc by no means sure of getting these sala
ries, whilo they enn be obtained by any other
means than abilities, learning and actual ser
vice. From tho enquiries I have made in Co
lumbin, I believe, nay I am sure, that the pre
sent salaries of the faculty will defray tho ne
cessary expenses of their families. This is all
that a fined salary ought to do : all over this,
operates against tho best interests of tin? Col.
lege. Tho present salaries are indeed mode
rato j but I think very justly apportioned ac
cording 'V* rank and station of the several
officers. II jre is a fault here, it is that the
president s s. ?-y, considering his high ntid pub
lic station, I*, small. Hot it is said ho i? *??
nl * no* eomplain.
Give him the same chance for iucrcasinr' his
compensation by the exertion of his talents,"and
t?e assured he never will complain. Tin* most
incompetent men are always clamorous for It fall
salarios t the reason of this is too obvious to
I"?/?! .0." . f ho*? w,l,> hftvc learning
ami abililies, wish no more than the means of
services incomc? by rendering adequate
In most colleges, where courses of Icctures
ore delivered, the lecturers aro allowed to dis
pose of tickets at a certain price to their classes,
l nis method may be proper, in institutions of a
privato nature) but I should bo sorry to see it
introduced into our stato col'?gc. Let tho ex
???$ of MonK'n* to it, be as light as
possible, Open wide the. doors to those of mode
rate fortune. Degrade not tho faculty by ren
f. . d*ptn?teiit <?? their pupils. That
noble liberality which has hitherto distinguished
our l?gishHri,) trust, and most sincerely hopef
wili bo displayed on toe present occasion. _ lluld
out honorable t owards to tho exertions of geni
us. l?ct those member* of tlie faculty who can
and will deliver the proper course* of lectures,
enjoy your munificence | but let the present sa
laries remain as they are. Hut it may hero be
Jinked, do not the coliego lawn now require the
delivery of lectures by certain professors? They
do. lit the first chap, of the Cot. lawn, in act*
tion 0. are the following word*. '? The profes
sors of logic aud moral philosophy, of mathema
tics and chymistry, shall bo required to deliver
?ui?c oflectures after the usual course of in
struction." 'lite delivery of lectures ia the
highest (node of instruction, and is unquestion
ably the moat important part of the teacher's du
ty. The usual course of daily instruction, is
intended to prepare the pupils, and enable them
to comprehend and derive advantage from a
profouftd, learned, and extensive course of lec
tures. Horr opens tho province of the profes
H<?f I here rfo is to display his learning and ge
nius ) hero ho is to bring forward a noble dis
play of literature and science to his delighted
pupils) here ho is to establish Iris character as
a scholar and philosopher. Tho other duties of
instruction may be performed by a tutor) and
1 must consider every profeHflnnddp in whic!i
the required lectures are not delivered, ns re
duced to a mere tutorship j and I think the sa
lary ought, injustice, to l>c reduced to the same.
Three professors are required to deliver a
course or lectures to tho two higher classes an
nually ; and the modo in which it shall bo don't),
is pointed out In chap. 1, see. JO, of the college
laws. Arc these lectures all delivered ? I am
informed by good authority that they are not,
and never have boon. Tlio profflpor otchym
istry dulivers a full course, accbrtpanifedwitli
appropriate experiments ? I havtt conrftrscd
with many of his pupils, and with the president
of the college on this subject; ami I am qapPJ
to dcclare that the uniform opinion is, thnXtni
professor docs his dvtv well, and that
vices are an invaluable acquisition to
lege. In the professorship of mathemat'
natural philosophy, 1 am Borry to find th
lectures are delivered, and no experiments
conxcqucncc performed. Men of science well
know the indispensable necessity of lectures in
geometry and national philosophy, optics and
astronomy. The trustees know that these lec
tures have not been delivered, for the deficiency
is kn<|$ii to all tho students, and loudly com
plained of. In short, an ordinary tutor to whom
you pay but 0(H) dollars a year, ran cosily dis
charge all the duties done by the present pro
fessor. With this enormous deficiency staring
us in the face, wc arc called on to increase the
proiessors* salary. The prolCHsor of moral
philosophy and lo^ick, has, in conscmumce of
cuga*riiM; in the.instruction of the ria&*cs,in
certain branches which do not fall under hi* de
partment, been exempted, by an express resolve
of the Iward of trustees, from delivering Icc
turcn. The professor of languages is not iv
quired to deliver lectures, thongli no man who
knows him can douht his profound knowledge
in anciont literature. His services arc labori
ous, and as they are limited to the lower das-1
has, he is with the greatest propriety not requir
ed to deliver a coursc of lectures. To an in
crease of salary for the professor of languages, I
think no reasonable man would object j provid
ed the other members of the faculty arc allow -
ed the opportunity of increasing theirs by deli
vering lectures. This, 1 most sincerely hone,
the legitlaturc will do | for I am convinced that
it is the only effectual method of securing learn
od, able, and ingenious men, and of elevating
the college to its proper rank. Let our honora
ble legislator* then say, that evbry member of
the faculty who will deliver the course of lec
tures appropriate to hit department of instruc*
tion, in the manner prescribed by law t the
coursfetoembrace not less than four months in
each ?es*U>n-, at the rato of two lectures a week,
and smul produce to }he proper officer a certifi
cate that no has delivered the lectures, which
certificate shall be signed by tho president.of
the board of trustees| shall be entitled to re
ceive from the treasury of this state, the sum of
?r? dollars. All foreign interest* might to be
wholly excluded from the College. Ktory offi
cer has businesa enough in his ttopartmcnt to
occupy the whole of his time ) and na# no right
to engage in any others* businesa WhaCwRf^lf
persons are forced into oflices In theeoffHb
uecauso their services are wanted somewiere
else, you give up all claim to promotion on
tho ground of merit And literary eminence, and
substitute a system of favouritism, instead of all
honourable and lust competition. It is the #*?
creddnty of the legisia^re, to keep tho college
free from all foreign interests or sectSt'Uti
views | to enable men to rise by merit only, in*
(o the officer* ofinstruction mid government, and
to encourage, by suitable reward*, thoWa vho
faithfully and ably discharge their duty. T?>
give largo permanent salaries, is the bane of li
terature and scionm. The present snlnriesare
n* high as they ought to be, provided tho plan of
lecturing which I promise is adopted. It 4 bene*
fits ara so great ami so obvious, thai I flat*
tor myself it will be readily adopted. No
officer of College, who is competent to his duties
as a man of literature and science, can object to
it. It offers no reward to the sciolist, to the
mere pretender to learning. If lie is required
to deliver lectures ho cannot conceal his .ignor*
Alice and incompetency. Lectures will bring
him to tho only proper test and give him his pro
per rank, tfotning certainly would rouse up
tho talents of the different teachers so ofTecta
ally as the prospect of an honorable reward*-*?
This will roltevc the present system of all its
difficulties t this alono will insure adequate sor*
vie#* ) this alone will rcwArd tho claims of real
merit. The present salary of a professor in tho
College is sixteen hundri'd dollars?this is e*
tiough \ yet in fact each of tho present profes
sors by means of services rendered out of his
ofllcef receives, I am assured, two thousand or
more. You are called on to Increase this) In
short to raise your professors abovo the Presi
dent of the College, lie ttho can be guilty of
i partiality, dcsetfta not tli
tope the Legislature will di
iich I hate Miirgcsled f for
(1 it in tlio direct mcthot
aucii odious [
patriot. I lu'ii
tho plan whicl ,
ly persuaded it in the direct method ? 9
worth aud dignity to tho College.
AR1STIDB8. r
n!*" .
In apology for the nmi-npprarnnee of the De
bate in the lion** of It. on the Jlrtt reualng of the
/till to alter the Comlltutlon% we. regret to statr
that thr gentleman employed to report for this
l*aper, wan compelled by nnejcpectea circumstan
ces to leave town before he hail completed a tran
script from Ilia note*.?The editor having now
tp depend only on his own exertions. will
careful tn prevent the recurrence of a like disap
pointment.
CANDIDATES.
It~F We authorised to announco GUESIlAM
SMYTH, Esquire, as a Candidate for Contnm
hionnr inEquity for Beaufort District.
tCT" We aro authorised to state that John K.
Gunnimo, Esq. of (Chester District, in a candi
date for the ofllco of Solicitor of the Middle Cir
cuit.
K7* We are authorised to announce Jamks
Drllkt, Esq. a candidate for the ofBcc of Soli
citor of the Middle Circuit.
fry We ase authorised to announce Pit i lii*
K. 1'f.arion, Esq. of WiuuHborou^lt* a camlidato
for the oflico of Solicitor for thu Middle Circuit.
If^T* We ore authorised to announce Dakiri.
r, a candidate ft
Middle Circuit.
WZr >?e ore autnoriKcn 10 i
McNiru Esq. of Chester, a candidate for tin
officer or? "citor for the Mid
ALE.j AT AUCTION?THIS DAY,
PRFXJIHIXY St thusis oVuhk, attlie house lately ????
copied'' by Morgan U (Juircy, a* a llook Htoie 1 w.ll
.looiintie live sale, without rcteric, or a consignment of
?6 packages nftlritnih and India COUD.S, consisting ot
She following articles :
s I'bale su;?erfine London Cloths, in lou to suit jit f
rc!m*cr?,
f ? Rales 6 and 4 Cloths, aborted colour*,
1 do. double tind single fine nult'd Cssiij^ers,
|> 1 do. "Merino Coatings und l.;?m skins,
t do. nine I'lams ami Forest Cloths
1 Case men's and women's assorted worsted storking-.
1 do. plain and figured 1/."in niid<i:tuv,
I do. figured and fancy M.i .l-.'i-.
I do. Jackonct do,
1 do. Camhric do
1 do. Htockinetts,
1 do. Oirth Wehbing,
1 do. ticntlcmeii's tlai*.
1 b:de line Flannel*,
1 do. 5-4 gentlemen's Muslin CravuVJ,
1 do. 7*8 Ounities and Uingltams, '
1 do. Irish ltmwu Holland,
1 lo. 4-1 fine and super Irish Linens,
1 do. Cotton Shirtings,
1 do. C'dernin, do.
1 do. Cotton Umbrella*, 2f>, 28, and 30 inclv,
I do. M;idra?s Handkerchiefs,
."?trunks line und super Calicocs,
II otc black ll.ircelona Handkerchief*,
1 do. l'.ns,
1 do. Cotton Rails,
Forks,
1 ca<c Carpenter's ami lathing Hammcrj,
1 do. Handsaws.
Coml.lions?Cash for all tumi under g 50 j over that
sum siity days for approved endorsed paper. Tobacco
and H ra taken at the martcet price.
Columbia, Dec. 10, 1816.
jU8T ARR1vK1), ~
APART of our BARm.es U ll.y?SF.SS?Among
which ?.re,onc *et hnndsomo plated t'uniaife Hut
tint?Plated and brass mounted (fig U Chair Harnett?
Full shnficd Saililet of tlio latent f.ishionn, with plated
irons and housings, complete?Plain Smhltm, with plat
ed iron*?TV?. do inlaid with Fawn nk'.n?Common dr.
for Servants?Plated Hit and Itradonn Hridfet?Tfo. Curb
ttrhVrt, good rpiality?(Amnion curb It snoflc flrid/n?
ttliml Briifct ami titalfe Hulirrt?NiuhVc Diit't and IV
litt*, lie. lie. lie. HP.tJKKT U WILKINS
Oceemher 10.
NOTICE IS IIKUKBV GIVEN,
rI,,'VL! iVLL??1 I>?.v?ny I*bta,extracted by my
jriji. Sh/iy.lM r\ or any othtr M^oft. without ?n or.
f^rfromme. ^vry
CSolumhi., Dee. 10. * 2t
AN ELKCTION
Wild, take r?Ucc tliit F.vcnntg *t the Female Aesde
VHQHHtfr.n and ST.i.YOhYft COM
i'" .? UrMV*n Hoc.etv, of Columbia. It U
hope I the Members will puuetuafly attend, precisely at
lialf after six o'clock. '
^ C. VVIV M'MII.LA V, Scc'n
Tuesday, De c. 10. }
wMR. HUDKIVB DANCING SCHOOL,
\ ,K! ?PcncJ Ins l?fig Room, the
? ? 1st rr.dsy in January next. ftkS. 10.
J''1 S'jSS'f ami f"r HdMUKook-Htore.
dt ?\ ^N ri fleimoiis, Wesley's Pnfldfiophv, Murgji.
1? o" Morals und Manners, by
??'! ? 4)'?r<:S^,P '?f'?T|nan, Wilton on Fevers, Cicero
Narrative.
Coltimb'ft. Drr. 10
T **?''"-JAt! Ht/SETrs HEI?OHT8.
(IB per?on who has 1st Vol. MMwrlmtetts Uepoi,
lielongtnjr to Mr. Orenihaw't Library, is requested
to isave it at Mr. Crock s Office. flee. S.
Dee. 3.
ONE HUNDRED NBOKOK8,
WII.1. I>e sold 011 the 13th December, for cmH, ft'
Wdliam >on and Ruildph's Tavern, by
fHM.Vr If ItOh/XSOM
l?ec. ft.
NOTICE.
Al.l. persons indebte.1 to the Into firm of tWmhvll If
. tti/i v//, ami to th.it of ftiindl tt .If inhair, ro
iiuested to make payment on or In-far*? l.it Jmi'ft-v, lo
n, n. ri"ssK/j,
('filumVa, Tier. 9. .It
Nouth-l!aruHiui% llmnirtll Ihitrict.
TflOHAH KISN'Y tolls before ine a brown bay Horse,
fourtteuhamU high, s NWuhta'.l,some mobile marks,
about 14 ve.trsold, trots ami paers.?Anpr?.i-e<l at fcw.
JOHN WAI.KP.H, J. 1*.
Nov 59, 1816. Stip?l
..... TWiNK,
Tllf} 8ub?erllrr* hsve a lipw bdes of TIVINF. rc-m,i'n
ing, which will lies??ld at fifty rents by the m n^le
?XMiml?A few pWesof HF.O 'I'lCKlNft, of aneseelleat
... r?... Also, BOp.eces
>ard. , ?
V OVIREV-,
?xiuml?A few pWes of HF.O TKJKlN'fJ,
lualitv, at forty-Ave cent* by thepWe,
OOT l'OV flACtltVa,?t 35 tents per y,
MOIUIAn i