Columbia telescope. (Columbia, S.C.) 1819-1821, May 01, 1829, Image 1
By D. WO^IMS, state m^yter. COLUMBIA, 8 CX MAY 1, 1829. , Vol. XV ?No. 18.
' - ' ? ? ? ??
VF.UY FIlllVsY MOKNINt
roiwauEui
IERM8~+Thrtt
i KVRHY rmi*AT MORNING.
rilWlMlWfl Dt/lmrt p<r atmum, j>?jrai/? ia
?Mta?,er *W VlUnpagktU ?/
ADVEkTISEMEKTSinttrtrd at Ik$*$v*!r9tti.
4
rr.oM rtiK Bi/ov
TO MARY
ovrur. AK.-m itnjAH* or of 11 WI1MIO Mt
Bg Martin .irchtr S'itt, Esq. II. A.
Our wadding day another eUf?,
In IbltfMtr. from youth to age,
Wa'ea Iravrll'd OH together;
Yet atMi affcctloacUccra I lie road,
\edh?tp? lo lifbtMit every toad
That llni* U* laid oo ekhcr.
Nor ?month a* Wealth c old ntafce (I
O'rr up* and down* anjttikd alilt,
We never ft It ill* *lth or will
i t'icin;
To aUorti-u or firrwkc tticio.
Nor can w*. Mary, Jmtly my,
Though nrillier mute to young or gay,
A* wht-o cold Pro dent* aptirnlng,
We acampar'd forth for Plaaaure^i ?akc,
And fortune thought lo overtake,
Or weel at evVy turttipg.
Nor ran w? my we*r* ptaeh the irarto
)'or lull * long ltd an*lou? count*,
With Curt aUM ?!otir Merit,
Andnueh a.boutehold (roup around
At llyiuen ha* loo often found
A drag ifpon Itia wheal*.
Tl? true w? rareljr daurt orrJn~,
Ur Itoand with that el*?tlc tprlng.
The atcpa of yotttli dhcovcr,
Jiuthad<itMdiill?*not cut o* out,
< iur daneiug day*, I make no douM
We'd prove, wero not yet over.
to timet which memory still enhnnces,
<>fgood 8e?teh reol* and country dunce*,
On limb ?'?it *n<l ?n|>pl
We tripp'd l? gaily through the rdglif,
N'or thought Uany treat ?*p|?it
To duitco down iLlrty coupie.
Hat now, nmldst n stately throng,
The cmv? qundrlller glides ?loit?.
With far mora nir? than grace*,
Or unabash'd wldle (pfrtrnns ?Inn*,
In *Udy unlit, the breathless fnir
Her whirling Vcau cmbrnccs.
Thy figure ?? III preserves itr grnce.
Ana ?tl|l that charm Is in thy face.
A* strong ns first I lound it,
The smile with sense end sweetness fraught,
Wbkh breaks through ivery cloud of thought,
And q>rcads a sunshine round it.
Our bloom UJeed it ~one,nnd yep
Mart owst sM* mo??i??? m*|I<*w hue
nuppIlM its plac* hut hudlyt
The crow's-feet too about the ejref,
Increase of late to sUnh e ?l*e.
They pucker User* mo?l sadly.
Some wrrakler, too, we mu*t allow,
Ilavemark'd the tablet />f the hrnw,
And though they are l<ut alight tlutf,
They show his hieroglyphic hand,
And make us fully undvrttand.
Old Time begins to write there.
Already b? has cleor'd the pnge,
And stamp'd some diameters of age,
So plain that you may trace .hero;
Tie lias tbinn'd my lochs, and turned to grey
The few remaining!? ?n I ray
A wl-muit soon replace tbem.
Fiime gentle hint*, too, we're reeelred,
Mint years (if hints may he he|i?vad)
In other pul*fo have nrtwe'd u*;
Our beds seem harder th>?n ihoy were,
And often ?' trlfllra light a? air**
' Can rufilo and molest us.
At dinner we grow nice, and th'nk
Much more of what we eat and drink,
Than wa were wont, when nl In
To feat! on every kind of food
Which that great artist, F?i?laeho IMe.
Could put upon the table.
Of late, too, quite in lore with home,
"We seldom feel disposed to roam,
The fire side ?"im ?o nosey;
T!ut. when I fain would read nt night,
The eatjdle* gire*urh wretched light,
I'm sometimes rather duxey.
The print'* Indeed so had in all
Their t>ooV??the4w|Hf'? ?o very *mall?
Ti?qOlte enouth to vea one;
The nasrspaper, I1** sura t applies
A ta*k to fry the best ofeye?.
Without a pair of rjutt on.
Hut not in ?? alone the chnngr;
Through life and m?oner? a? we ranee,
The world around kerpt moving}
Foilie* i no rear e upon my word!
And fashion* now are *o nt???i.->|,
There's nothing that's improving.
Look to the Senate. B?r. or F.tae*>.
AixI *ag, dors aught in this doll i?gi
Our early dajrs rr?emt.t<\
When Pill end Fox were eneh ? ?'*r,
When F.rvkioe floor?.he l Kt tli* h.?r;
Aud Slddotisplay'd with KetuIih'
The very searow* are no more
Th*?easom that they Were before,
Whm you and I flr-t kw* them;
Our Fnmmera now are short ami ?ol.l,
Our Winter* so severe., the nM
Can hardly struggle Ihroogh them
Y# t still no change* ean deefrny
Our plea*urer, while we lists* enjoy
The elrele that'* a winI U?:
While in ottr children ?hti* we find
More comforts then we've |cf> l-.hiu.t,
Hinee flymen's knot fust bound u*
% Nor let us g'oom the Utile ?pwee
We're felto runs thmph in ?he race
We fret I hat lift* U waiting! ^
)wlot we ?till h?ve wdm to Llrw,
Sine*,onr farri, our Heard coulVn, ,
Oar ieve U quit* ?? luting.
From the Charleston Mcrcury, JAHt 2$.
Wo copy the follow lor from the New
York Morning Herald. It Upart Of en edi
tor!*) tirade iii reply to article on the tariff
published in the Columbia Telescope, in
whfcsh the writer bed very properly inwltt
cd on the imi>ortance of the south to the
welfarw* and prosperity of the northern
stales
??It it at range tiierc are men in that
section et the country ao infatuated as to hold
such language. Scarcity ?would thh union
feel thehMT) if the barren tandaand the end
tern /line fitaint of the Carolina*, were tunk
into the oceamifnd yti they hold a tone of
drjtanct and importance bersvting tiosrrtfon
of the fate, ana leant of ult theoouth. Tin-j
talk of disunion And spending their tnom-v in
London instead of Siratogn | 'i'hey ha<l fi ???.?
best pny their debts in Wall-street. We
wonder if their plalna and their negroen
would sell for enough at auction to satisfy
their creditors in New' York, whom they
boast of feeding and supporting?
?' It would nuasle a traveller through
North and South Carolina to conceive how
the ignorant, not ?? half-educated" hnt uned
ucated planters in those regions should bo
incommoded with onr northern pretenders to
gentility. Plant them north of the Potnntac,
and gi\c them n sight of New-England,
and they would return no doubt, M with
a great ucc??bion of knowledge of various
kinds."
This is n pretty f.iir specimen of the man*
net' in which the touthern states nrc invaria
bly treated hy the tariff piper* at the north,
when they condescend to notice litem at all
reeling i?owcr, aiul forgetting right, they
have hut one answer for all the nigumeuts
and entreaties of the south, and thnt is con
tumely and abuse. The union would not
feel the low if the Carolittns were buried in
the ocean!?and befoic the southern people
talk of abandoning Saratoga, and spending
their money clcwncre, they had better *ell
their plains and their negroes to pay their
dehtsin Widl-ttrcct! Why one would real
ly imagine troni this that the ninth is mort
gaged to the north, and thnt our kind breth
ren, not content with hating taxed us enor
mously, intend actually to offer us for sale.
Hut, passing over the invulti-ig absurdity
of this attack, let ask seriously, why is lan
guage of this kind used towards the smth.*
Why is it that this section of the union is
constantly and studiously held up at the
north as a proper object for hostility, suspi
cion and contempt? Whut have the south
cm people done to provoke this bitter and
tcvetigvfut feeling* Unjustly oppressed,
tliiy navocKerclwsd freely *.he privilege of
remonstrance,suffering in every interest es
sential to their welfare, they have earnestly
npocajed to the justice and libci rdity of their
bicthren??believing the constitution violat
ed, they have openly and candidly urged tilt
reasons from which their conviction i? dent
ed?feeling themselves degraded, they have
expressed their natural and becoming
warmth, their sense of the impositions under
which they labor?sincerely attached to tliu
union, and fearful thnt a continued repetition
of ir.Mtlts and oppressions may |>ossibly driv
them to extremity, they have appealed to
the interest ns well as the patriotism of their
oppressors?and whilst dwelling with fond
ness on the beauty and glory of tin* union,
have nl*o represented the IncaTcuTStJTe value
of the trade of th6 south to the northern
states. This Is the head and front of their
offending?and it is because oppressed, they
daie to complain, and senktide ot their
rights, they dure to assert them, that they
i.rc visited with these bitter out|>ouriugs of
vituperation and a!?use, and spoken of in I
terms, not only eminently improper from j
one section of the confederacy to another,'
but scarcely Incoming in n parent sta'.e to a j
weak and nepeiulen* colony.
Indeed, the manner in which the southern
?.fates are treated by the northern presses ih|
utmost ns Inconceivable, ns it is lamentably i
true. With regard to them, the presn lit
the north, with one or two honorable ex
ception*, scarcely dares to speak, except it I
be to revile them. The pernicious influence:
of the manufacturing interest controls it with
despotic sway. No southrrn argument is
permitted to be spread before the people
no southern appeal is allowed to nwaken
their generosity, ?r enkindle kindly and pat- j
I nolle feelings. They ah: kept studiously ig
' nonint, not only of the reasonings of the
/.outli against the tariff, but even ot the fx
ritement which that odious measure has pro- j
dtired. The people of the south have not
only generally r? Tied upon the efflrary of
their arguments, but hnvc particularly tilist
ed to the effect that might be produ'-ed by
the solemn legislative protests of this state,
and Cteorgia, and by the eipially decisive re
Milutious of Virginia. Those protects and
resolutions have scarcely been noticed ii a
northern print, or, if mentioned at all, hive
been despatched in a single line, and that
line, ridicule and sarcasm. Such is the gen
erd (ondition of the northern press?tram
melled, Mmnefully trammelled as tegards
the south?devmed to and governed !?y
ni'inuf^eturers and monopolists?seldom no
lle tug the southern states at all, sod then
only for the base purpose of misrepresenting
their sentiments and feelings, or of exciting
vulgar prejudices against thrm?and sue I,
is the prospect of the s?>utli of being fairly
lie.iid and impartially judged at the math,
or of producing inning <t th"*ir persecutors a
returning sense ?*f justice.
Under thes? circumstance* it mnv be nsk
'id, what shall the southern states do.' Shall
'hey lie down In apathy, and permit the ta
riff to be milted upr>e them.' Unkistly
treated by the northern press, shall they
triake no efcbrl to do jarticfc to them?elve?>
Injured, Khali they cc*m>to remonstrate? In
Mined, ?!iMI they submit lit silcnct f Weed
ing at every pore, shall they continue tame
ly to blood; oven unto death? la the tariff
nothing? Have UieV protected only against
a phantom> , Uavo they been raWtnken in
snppoetng H an injury, and J?iie?ounc<Vg it aa
unconstitutional? Or, koflylng and feeling
It, an they do, to be a griitmis and intolera
ble but then, shall they im* make one effort
more to throw off the teeotwa which op*
presses them, and to briog onr gorerr.ment,
and our tariff brethren, to a ferine of johtice.
[rUOM TUK SOUTHKJ^MirATaiOT.]
MThe three .IwerlclmMrvie**."
This \? the title of u^^Hf In the Lon
don Kt view, in which Wtlree principal
periodical* iti the UuliedroMuare describ
ed, in a spirit of impartiality highly credita
ble to the work in which it appears. Wc
liiive subjoined nomeextracta. ?,
M Thew are three Quarterly Review* nofr
published In the United Stat&) one at ttos
<?>.?, onr nt Philadelphia, und ?Ji>c at Clvarlc*
tnn. 'l hcy lire each exceedingly creditable
tqn clmen* of the talents And Attainments of
our hrcthrrn of the new world; nnd we,
whatever other* may think* ViMrl a real satis
faction somewhat approaching to pride, in
belittling the English language cultivated
Wc ? success, and maai? the Instrument
of dimming so much valuable information
through countries where therude dialcct of
the Indian savage, w**, n century ago, the
only medium of communicating the com
monest thoughts ami desires of the wild
huntsman'* life. The spread of our native
tongue over the widest nntt fairest portions
of the globe, is a remarkable example of the
influence of a great commercial nation in the
civilization of mankind, and It Is more than
probable, that, in a few years, the use of the
English will us far exceed that of all ether
languages, us did the Spanish within a cen
tury alter tnc discovery of the pa*agc of the
cape.
" The North American Review, publlih
cd at llostou, in now in its 60th number.-?
This work is well known in England, and is
distinguished, if not tor its brilliancy, f.ir its
calm jfnod ?eu.,e, and its general 'freedom
from national nreiuces.
? ? ? ? ? ? ?
"Our readers doubtless have pcrcc'.vcd
from the extract wc lia\e given, thit this
Review is ?t a temperate, gentlemanly and
uiiprejudir.ed character. There is nothing
that weenn see m it, of any jealousy of Eng
land, and her institutions, or any vain pa
rade of the power, the ret ources, or the in
telligence of our trans-atlantic brethren., It
is indeed, fortunate that the unnatural ani
mosities of children, boasting a common
mother, and participating each*, very large
ly, In the bles?iug&of a fro# government,
should no longer be fomented by the passions
and prejudice* of ignorant and flippant wri
te rs on either side of the water, li istothc
real interest, both of England and America,
that a constant feeling of kindness should be
cherished between them;?those who desire
friendship and peace, cannot do better than
to promote their common Hteruture, and
freely interchange a tribute of respect for all
those productions that belong to high prln
[ ciplea and solid learning.
" The American Quarterly Review, Is
printed ut Philadelphia, und has yet ouly
tcaclicd its tenth numlicr. It appcurs to us
well adapted for popularity, and conveys a
great body of valuable iutormation, not Very
new or very original, but well adapted
to the wants of a people whose literary hub
its have yet to l>c formed. The lulijcctH,
und the mode of treating them, are rather
more elementary than in the North Ameri
can Review; and it is pit-Imps, rather more
distinguished for a strong religious tone, not
in the least allied to fanaticism, but very de
rided. We have read many of the article*
with grVat pleasure and improvement,
j " Of the Southern Review, two numbers
I have only vet appeared 1'he publication
? r.ouuncnced in February of the present year,
j It sets out by taking ine American hull by
'the horn*, ami perl?a|H?, the very novelty of
| its tone may render it popular. Nations do
| not, sometimes, object to be laughed at."
After quoting the introductory remarks to
I the article on classical learning, in the first
' number, the London Rev ievver accompanies
' his extract with the following comment:
" I'be article which these remarks intro
duce is on "classical learning," which is
tfomewhut in ill-odourwithththusy and utili
ty seeking people of ih?> people of the Unit
id States. The argument for the cultivation
oj an acquaintance with the great wtiters of
antiquity, is forcibly, and sometimes elo
quently put."
"The Southern Reviewer has proved
that in defcndaig cl.ttsieal learning, he is not
disp'tsed to neglect the claims of practical
utility; for lie lias gone at oner, in li s next
iilklf, to the 14 pt inciplvs of husbandry,"
and talks etry sensibly ahout the Volution "?
crops and m tnurrs. A controversial aitii lr
on^hc execution ?>f the American, folom 1
ll iynr, by l/oi I It twdon, (.vloria) ronUins
many cut ions illegiHonV, which wc cannot
attempt to follo v. The first numlM-r this
work eeitainlv displays much variety ot tal
ent; for we liuve papers on the ciiIiiiIim,
phrenology, politic ill economy, colonuution
and mineralogy.
" I'lie second number contains a very
Imweiful aiticli on "the constitution of the
nite?l States," the object of which is c.dm
ly but firmly, to resist the encrnactifaents
which thenoithern slates of the union have
gradually bun making on the southern."
"The American pciiodipuK which we
have radidly noticed, present ns with a few
favorable specimens of original work* pub
lished in the United Sta'?-s, pirticu'ntiv in
works of iirragin itim. Oar Southern He
viewer U inclined to be ttfllcitnUy- severe
upon hi* poetical brethren?and not with
out justice-"
ffVemlAt V. 8. Ttlt*r*pM,m/ Jpriitl ]
[From the Richmond whig,]?uV?rkei
circumstances prove that Dun Green ex
ercise* uhlHHindcd influence over th? mind
oi Gen. Jackson. We understand that no
appointment has been made, that Duff waa
not known toharb approved, either by sign
ing a recommendation* or by a viva voce ex
pression of approbation. 1 Ihvj who know
lien. Jackson well, say that no man resigns
himself more wholly and absolutely to those
in' whom he reposes confldcncc. A differ
ent iufcrcnc-e might certainly be plausibly
supported, from the history ol his life. How
laUacious all/tublie conduct Is, in giving one
a true idea of a roan's chatacter, every per
son known w ho having first imagined to liiin
self what sort of a character a particular
noted individual whs, subsequently b.cainc
acquainted with hint in person.
People of America! What think you of
your affair* being managed, under the rose,
by DuffGreeo* llad you any anticipation
of this state of trunks, when you were frantic
to make Jackson President.1 You complain
?d that Alexander Hamilton dictated to
Gen. Washington, that Albei t Gallatin exer
cised un ufdue influence over Mr. Jefferson.
?What will you say to DUFF GREEN'S
being your president defacto7 What think
you such mentors as he and Maj. Lee, to
your favorite Hero* i)r? yon not feel cha
giined and mm tilted at the reflection? Can
you think without humiliation upon the facts
*l? ?>? ?!>... -L - ?* ? ? - * *
...... ...?.v ???vii >i.iv nit; i n-MUt ill OI IIIC
United State* as a nose cf wax iti their hand*
??that the old and f.iithful officers of itic
fjovcrnment, appointed by Washington, Jef
ferson and Madison, arc removed and de
prived of the bread for their wive* ar.d chil
drcn, At the institution of *ueh men ns
these?that they are rewarding their ft iends
with your money, and your offices! Wc
will press the subject no farther. Calcula
ted as'hesc things are to verify our predic
tion* of (>cn. Jackson, and to pro\ c what
we hate a thousand times **id, that he has
no tingle qualification for (he Presidency,
yet our indignation at iccing into what hand*
the destinies of this great and free country
have fallen surpasses the grovelling and un
justifiable satisfaction we inay he supposed
tn teel ut the fulfilment ofour ownpiophc
*ie?."
It km ah X*.?No one who has visited
Washington, and taken the least trouble to
inform himself, does not know that the cdi
tor of this paper hascnrefully refrained from
every tiling which could givetho least color
for the abuse we have quoted. Confiding
in the patriintiMn and intelligence of the
President and his constitutional adviser", and
linving enough to do in cur own private af
fairs and our editorial duties, we have de
barred ourselves from the cxefclso of a
right common to every citisen, (the right
of recommending othei* to the favor of the
President,) cxceyt in two or three cases?
and those exceptions were in favor of per
sons resident in the District, who were ap
plicants for minor offices, in the faithful di?^
charge of the duties of which wc were im
mediately interested.
The article from the Whig is copied, that
wc may take the occasion which it offers, to
ask those r>f our personal and political
friends, to whom our recommendation hns
been refused, if they do not see in it a justi
fication of the nde which we have adopted
and rigidly adhered and also to say to
the many individuals who have transmitted
applications, &c. to us that the ai*.vcr
which they have ret cived, i? the answer giv
en to all?to wit?that such prpcr* have!
been sent to the department, <jj* to which
It (? hrotiet that thry ?hou/d have been tent I
in thr fitkt inntanee. |
Our rule was adopted, upon a sense of
what was due to those charged with the
public interest* and to ourselves; as well as
from a thorough comiction, that the coali
tion had resolved on the destruction of this
press, as one of the steps essential to their
future success
One of their fir?.t movements for that pur
pose, whs to ns.scrt that Messrs. Calhoun
and Van Hureu were rival candidates, and
Jthat this nres* was pledged tn sustain the
I former I'pon this poinr, we have had no
Igcsitntion. This pvc?s is under no obi ign
itions to Mr. Calhoun or Mr. Van Huren. It
I was built up by that party who elevated our
beloved president to his exaltol station, end
it will be devoted to the preservation of its
mrcnptli find influence. Mr. Calhoun and
Mr. Van I'.urcn, art* both the personal
friends of the editor. 'I bey bntli, a^ \uuli,
j ? will prominent member* ??f the repub
lican party, haven right toclnim the protec
tion of the press t?t large, nnd of tIi!h n pr?r
tirnlar. It htr. n<?t heen heretofore, and will
not hereafter be withheld from either. Ax
to their pretensions to the prfisidcnr.y, the
discussion upmf that subject will be in time,
when the fiartu ahull re*olve to permit (?en.
Jackson t?? retire to private life.
Another brunch of thi> movement, wai the
r i?v?ilnti?.n of n report, that the cabinet wax
dividt'd in enitm-il, and that Mr. Van Hnren
had undertaken to rnntrotd its policy. The
denunciation of the VVhig is in aid of thi?,
unfler '.he vain hope t!mt the eneniv would
he indulged in sowing discord ami distrust,
wlii re duty and interestcombine '+iih prin
ciple to promote harmonv.
I'l?e president bus selected for his advi
ser*, men whose ch irm ter* are pledged for
a faithful discharge of their pn!?l?c Unties,
and whofc good sense nod expeiitvit e liavi
long since i?.?t? i? t? *1 'hem, tlo?t the mitiI
means of -dnii'K higher honoM, i? to merit
them. Men whts? claims t> public? r? ??!*
deuce will be ndiancedhy the striking ? on
trast, bet wren n cabinet devoting themselve*
txtluiivrly an;l laboriously to the pit f'T
uvroee of vhe^r respective duties, and a cabi
net employed in traversing the country# di
rectly aad pfersonally ep&sKtd In themoftt
barefaced electioneering. 1 he lute cabinet
vu united by a sense of common danger.
The patent cabinet I* United by a tense of
duty to the nfcblic, personal Mard for each
other* aad a high mperi for the president,
in whose faibe they are all so intimately
connected.
We should be blind and infatuated, if we
did not understand the object of theconcert
ed attack upon us and our press. The peo^
Ele.by the extensive circulation which tbejr
ave given this paper, and their represen
tatives by our election as printer to Con
gress, have so identified it with the republi
can party, that any disparagement cast upon
thia press. Will affect the party itkelfc If
our opponents can Induce our potitlca!
friend* to believe that we claim too mnch at
their hands, or what is of equal Importuned
to tham, could they induce us to believe
that enough haa not been conceeded, they
would have, as they think, succeeded in
neutralising our po rtions, and our disaffec
tion would be seised upon as another evi-'
dence of divided councils and used aaaatrik
injr pi oof that the president of the people is
unfit for the station to which they have called
him. Upon this point, we do not ask coun
cil from our encinie?. We know that the
attacks of our opponents wil| be received by
o*ir friends as certificates of good behaviour;,
and the disposition to maintain our press,
will keep pace with the efforts of our op
ponent* to destroy it. It is thus that malico
and envy punish themselves.
LAWS OV I'AliTNKRStllP*
The following remarks on partnerncrahip.
arc embraced in one of a course of law lec
ture* which Judge Belts is delivering at N.
York. *\Ve insert them as prob&hly exhibit
ing bound views of the subject, and as likely
to be interesting to many of our readers t
[Mobile Remitter.]
A general mercantile partnership is an
association of individuals which impart to
each ore the powers all might collectively
emjrtoy, in conducting the business ol gene
ral merchants: and the partnership in the
rye of the law, i* equally general, though
the contribution of cupitul and shares of the
profits arc unequal; or the |>owcr? of some
of the partners arc limited by a private
agreement as between themselves. The
partners so limited may still bind the firm
with third presons whodeal with them with
odt express notice of the restriction. Part
ners are often ot ovcwi d, nominal, and ?e
eret or dormant; all are chargeable for the
debts of the firm, unless it la proved that
credit was given to the house under a full
knowledge that the nominal partner had no
interest (it it. A dormant partner is said to
be liable, not because credit is ghren on ac
count of the use of his name, but because by
withdrawing hit share of the profits he fs
supposed to dintlnish the ability of the fiim
to pay its debts and Without being subjected
to any risk, he would reccivc usurious inter
est lor ltls capital. The broad powers ot'
partners have been equitably restrained, so
that their exercise is nugntory unless used
in relation to, or in connection with, the bu
siness of the concern. So one partner can
not apply the effects or credits of the firm
tothc satisfaction of his individual debts; and
it has been ruled in ^Itit state, that a srpc
ratc creditor, obtaining the partnerahip pa
per for the private debt of one of the part
ners, is required to ahn-V the usaent of the
whole firm, in order to bind them. To this
effect several cases were cited. The priiw
ctplc applies with still greater force, where
one partner attempts to bind the firm as
nuretift for n stranger. It is patticularly
important that these principtea should be
understood as applied to nrgociable paper.
The usage of merchants hns immemorially
established the rule that one parter may put
the name nf the firm on negotiable paper, -
and thereby render tl.cm liable to a bona fide
holder, even though they were ignorant of
the transaction and intentionally defrauded
by their partner. And the rule must br
considered as extending to accrtnmodation
as well as to husines* paper; though mu?h
subtle reasoning has been applied to particu
lar rases: a recapitulation of whicn would
be foreign to the scope of this analysis
Hut when n nerson taking the instrument
from a partner, tnorvn it is negociatcd for
Ills individual benefit, and without the con
currence of the other", he cannot avail
himself of the security as binding on the
firm.
One general partner cannot bind hUefl
partners by any instrument under ienl, ex
cept a release of h partnership debt, which
he is permitted to giv*. But if the other
partiicrsacknowl"dgethe*cal, tt'will render
the execution valid as to them ail. The
inle is attended with inconveniences, and in
cvadedbysome nice distinctions. The safe
ty of commercial transactions requires that
a more definite one sHuld be established.
P?y a late act of Congress, the signature of
imr nf s firm to a custom house bfcnd bind*
all the other partners.
f t'row tl>r -AVm- York Enqntrtr, Jtprl! CO J
'I KK AUCTION HILL.
When it was dceme.l expedient to throw
open the Miction bufcincts and allow tvcry
rospertable man to have n lirrnv, upon
giving security for the payment of the Stale
t;ix, the object wm to a!>olish what the
noti?miction men trrm?"d tie monbfioty,
which constituted the basis of that active op
position which filled the halls of Congress
and the polls of the election with sMverrn*
<lu> r clamor. Beyond throwing open this
unction business to alt, we confidently say
i he | cople contemplated mo other regulation*
tint* those whkh are fouml it the exist'nj;
itvkd l;?w?{ It was therefore* with no less
Mit-prlse and astonishment* than with real
regret, we accidentally discovered in the
bill introduced in the Assembly by our wor