Columbia telescope. (Columbia, S.C.) 1819-1821, August 14, 1829, Image 2

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(ffdWfrSEGNUX UEUMMtiSSdKUUKBe - FBH>AYt AUC'ST H, 18CP ts" "Ilcm>" and "\Villlum?" arc l>oet" poncd for want of rooin ^JJ Bj the Baltimore Republican of the 7th tit*, wo leap* thai Dr. WsUUns has at last been found " Guilty?? by the jury, on ?foh of the thrco la?t indictments. Thb news is taken by the Republican from the Title graph of Wednesday evening, pro ceeding the 7tfc, which paper wc have not yet seen- ' T| v\Hc fjec liotia.' J'etling?? Southern JYcaiOTi.-?Since Mr. E*ertU'? visit to th? west, ami the brotherly talk? which he has lud with the brave, hospita ble, and multiplying Inhabitant* of that, mammoth section of the union?occasions hav?. been Kited upon to visit upon the South malignant reproaches for alledged uncoortcousneas and Inhospitable feelings towards New England* and the ohkatmen of New England. Towards New England, As a portion of this confederacy, we sokmn< ly avow we entertain no feelings of hostility We do not despise the mass of New England population?at the same time that wc know that they hare permitted themselves to be used, in all the great auction transaction* of jmltlcs, since the revolution, as instruments of oppression to the people south of the Poto mac. Their influence has been thus used, as stock in trade, by their great men, in Presidential Elections, afid in many of 'the leading measures of this government?both foreign and domestic. Wc need mention only the election of the elder Adams?the I periods Immediately precccditig and during flie late war?the New England bearing in 'he negotiations for pence at Ghent, in rela tion to the fisheries and the navigation of ihc Mississippi?New England jealousy to wards slavery in the South, and the exten sion of the slave-holding States, as manifest ed in the history of Rufus King, the Mis souri question, and the negociationsof John Q. Adams with the Spanish Government tor the teriitory of Florida?the passage of the T.irifF Law of 1834?the election of John Q. Adams?the tarifT of 1828?and finally the unneighbourly, unqualified abuse of the Southern States,particularly of that State of which wc arc proud to claim citlsenlhip.for their efforts to defend their, homes and their children from the ruthless war of devasta tion which hns been waged agai.ist them. In *11 these, and many other like transac tions and even??, wc believe tke people of New England have been innocently placed in the shambles of their more designing, more ambitious, more unprincipled leaders. We have always pitied their delation, and despised their teducerit. Whether this be thecoircct sentiment, circumstances now m the course of full dcvelopemcnt, will pro bably testify. Will not New England ask herself, whether her head-long zeal for the suspension of commerce, for the benefit of a fevj of her manufacturing citizens, was not a pitiable delation? and whether she herself ought not to spurn her great men who attempted first to check that zeal ( wit. new Webster at Fanueil Hall and at Wash ington in 1824?and Everett in the North American Review of about the same date) and afterwards to infuriate it? Where is a parallel to the vile and contemptible incon liftletKy of Webster and Everett upon the question ^f free trnde or prohibition?of e?iual rights, or the slavish oppression of i the Southern States: We need only refer to the Boston Commercial Gazette, <>f last week, for samples of the contempt with which these persons are now held by many even in Boston. And aro we to be bullied into an adoration of tucA men? Ih it in character for the Southern people to ad mire tergiversation, cither in ? ' cir own fel low citizens or in thu distinguued men of New England? It is said to be difficult for the best Informed men to account for the prejudice which the Southern people cher ish toward* their northern brethren, and erocodilc ter.rs are shed over the Indisposi tion of the Southern writers to eulogize Mr. Everett. Perhaps we can afford some clue tothc m> stery. Is this the same Mr. Eve rett who attempted to write down the pro hibitory scheme In the North American ttevlew?-and who afterwards gave an in sidious support to the tariff of 1828? What a lovely otyfect for southern admiration? ,how peculiarly worthy of Southern allrgi ance! If it is designed to place Mr. Ever ett or Mr. Webster at the head of the New England aristocracy?we tell them and their retainers?do not feel any longer the Southern finite. If Mr. Everett has gulled the wcs\ so as to represent himself a paragon of perfection (as he appears to have done to the Editor of the C'htrksvillr (jasette) h?J had better apply the ano dyne of dinner-eating and oily rh'-toric, to the ferr^ious spirit of firriudlre ??-? rcmnltn to be tamed at the South. It he will como to vii?it our scenery?ni?d to imooth the current of brother!/ affection which helms <o eagerly guarded in hi* po iWeil earcrt?he may with*** tho happy operation of the chaataning rod which he ucslsted to npply to u? in 18iR, find the rath er melancholy tone of public feeling, inci dent to hit brotherly infliction?, presents ? rjvorabte opportunity to sound a not? of )*rtnonloas sympathy. Mr. Kverett is a i,ood scholar, and delivered aome brant i Ml effusions in the went?ami wc have for t i?rly acknowledged it. Rut he ia n bad ) eUtlclan?ntver will be crammed down tie throat* of the Southern people?haa voluntarily written hU own apitapth in the I'Otkfcal history of the nation, and hit nama ftttwt go down to posterity, a* it la known to l ? ooUmporariaa?under wch am^ioa*.^ [t| 1 Ue uun who Ucv .cm Uimltlf to the ?* cltcmcut of Nctloul jctdouilct It un worthy oftUU republic. HtiU mora >o b he, who would culo^lsj those who opprm bin, or set at defiance the charter of hla liberties. Who have done trioat to excite aectloaal jealousies? Who have attempted to per vert the coostltutkm of thh country to the advanctmcnt of local purposes? WUlMcw England answer theae questions, without a blufhf More on this subject at another time. . n The Br^ad River Bridge. This grand >ti ucturc, over the Broad River Juat above Columbia, Is now mwrly completed.' The lost arch having been throafa over, and the erusshig thus far practicable, the Bridge Company ga*e a great dinner, on the Bridge, on Tuesday the eleventh. An In mense number of cltisens from Richland and Lexingufc attended. The day jj?? ex ceedingly warm, but upward* of s% feet oft^e bridge being covered, gave the com pany a spacious and agreeable shed for walking, setting, talking, eating and drink ing. Every body appeared to be la good humor and kindly disposed. At two the crowd sat down to dinner, Maj, Thomas Taylor presiding. No regular toasts were drank; we hove published below the volun teers of the day. This bridge is really another subject of pride to tho State. It is upwards of a thousand feet long, has nine arches, and is broad and substantial. Messrs Yates and Cray, who are the archiiccts have done themselves great honor. We never saw better work, in any part of the United States. We really hope and make no doubt it will prove very valuable stock to the proprietor*. Columbia can now boast of three of the finest bridges in the United States. You can now take your carriage and drive a cir cle around Columbia, cross three beautiful rivers, the Broad, Saluduand Cnngaree and dash into town on the same side you set out from, and in doing so have fome of the hand somest views which the middle country of the South presents any where?perhaps we might well say, the handsomest, S<> much for Columbia and its enterprise. TOASTS. By Major Thoinai Taylor? Pretident. The town of Columbia?Her enterprise it distinguished by three of the noblest struct ures of the Southern States, the Columbia, Saluda, and Broad River Bridges. By Chancellor DeSautture. Success to Internal Improvements, founded on individ ual enterprise, skill and capital. \\y Col. It'arren. Internal Improvement without the aid of Congress. By Cot. John Taylor. The Three Bridge Companies have achieved their In dependence from freshets and floods?may they like the good old 13 find their safety I in union. By Col. Dlanding.?The Broad River Bndge Company and their Architects May their honor and profit he equally perma :nt with the granite of their pelrs. By Dr. Cooficr. The Bridge?may it he a road for our friends to come to us, and our enemies to go from us. . By Profcuor Henry. The three biidges of Columbia?they present the best eviden ces, thatSouthCurolina, in the exertion of her own energies, is sufficient for the pro motion of her own prosperity, By D. J lirCord. Our enterprising fellow-citizen Robert Yates?skillful in his plans and successful in their execution. By D. P. Taylor. Our enterprising fel low citizen William Gray?Ills work like himself?sound and substantial. By W. P. Dcnaunure. The Broad Riv er Bridge?the third and crowning glory ot Columbian enterprise?tho' last not least. By Dr. Jamri Bricked. The second union of Lexington and Richland?may it be more proline than the first?as they are joined with stone and timber, let not water separate them. , By Robert Yutct. The memory of William Briggs-~he set us tho example aud we have followed it. By D. Beckrt. The elegant, durable and costly, Columbia, Saluda, and Broad River Bridget; do great credit to the high minded and liberal spirit of the citizens of Columbia and the adjoining districts; show our sister States, that South Caroli na enn carry on Internal Improvements without aid from the public Treasury, or udvccatingtlic "American System." By Af. Suber. The Broad River Bndge Company?may the swollen waters favor their enterprising undertaking. By J'jhn Lomat. The Broad River Bridge?commenced amidst opposition? rxeeuted against prejudice?may it stand long after all Its enemies are madr. friend*. The following toast was presented from Ca/it. Blair, of York, who having been in vited could not attend :? The citizens of Columbia, founders of the Broad River Bridge?may it soon become a firlncl/iat avenue of t>icir trade, and richly rcwanlthem lor their entcrprizc?Founded ufton a rock ! may it long withstand the rage of xalndt and jtoodt, and remain a last ing monument of the skill, induitry, aud public spirit of its founders ? . -il?. U! COMMUNICATION*. Mr. Hdilor?The protracted length of he discussion into which I have hern unrn entionnlly drawn, has induced me to with luld the following observations for a scpe ?atc communication. In these remark* I ihall confine myself entirely to the second ?ranch o! this question, vitt whether a per* on sentenced to a fine and to stand commit ed till hit fine i? paid, would he entitled to lis discharge at insolvent debtor under the ct of 1787. Not having a copy of my first commnni ation on this subject before me, and fearing I incur the hasard of repetition. My tyect will be merely to reply to tome of the Ejections urged against tbo views of the ibjaet which I have adopted. I will take icm in the order in which they stand. It hat been urge* thatM in the execution ' one of these orders the oAcer must en* ?lre what is Its legal meaning," not what Its vulgar meaning. A on. so. directs the paid by swdbrtutf oak* under the iMOiveut laws, altho' get a wfrik said about letting (be defendant off in that mode." It seems to ma that Aervthe slieriff would have little difficulty, aa to what taiilM tm and pro per meaning of the preoeM under which the debtor was arrested; assisted as he would be by positive and explicit statute* ry provisions by long practice under, and Judicial expositions of, those provisions.? Th* law directs that when the debtor Is en taken in earecuiion he shall be discharged? provided he complies with the requisitions of the law. , But is there any law which di rects expUetfly or indeed In any way, that a person who Is sentenced to a floe and to stand fee. u committed immediately bf or der of the court shall be entitled to hi? dis charge as an insolvent dbbtor? No such privilege cxbted prior to the actsf'*7, car* taloly. And it seems that if the privilege Stf insolvents Is enjoyed by this claw of per torn, it mu?t be only in such cam as are provided for by it, vis: where there has been a fi. fa. against the goods of defendant, and a return of nulla bona, and the debtor had been arrested on a ca. sa. It roust be remembered that the mode of collecting fines l ?' fi.??. and ca. sa. was not known to the law prior to the act of '87?ex cept (if indeed it be an exception) in tome cases where penalties are recoverable by informations, qui tamactionsor some similar proceedings. Now this act gave the state the l ight of issuing executions (as In civil cases) sgainst the body and property, and in so doing entitled the persons Mui pro ceedtd againtt to the privileges ol insolvent debtors. It is obvious upon a careful peru sal of the act, thst the privilege of insolv ents is here given only in connexion with the new ntatutory remedy. An attt mpt to levy the fine by meant of n ft. fa. and a return on oath by the sheriff that he has no gondii ?and an urrc<tt under a capias seem to be indispensible perquisites?'? and if the she* riff thai I return on oath that such offender refuuth to pay or hath not any property whereon to levy, then a writ of capias ad satisfaciendum shall issue, whereby he shall he committed See. entitled however to the privileges of insolvent debtors." A dis charge as insolvent debtor in any other mode than under the proceeding* mentioned in the act is not hinted at; and if he is proceed ed against, in a manner different from the course provided by the act, and'under which I the act gives him the piivilcge he must have been proceeded against at common law, and entitled only to the privileges which the common law affords. He must then be discharged in the only way he could have been discharged beyond the act of '87: to wit: by an application to the mercy of the executive, 'l'his must have been the only remedy prior to this act and it must now be the only remedy in evury case not provided for by it, or where the party is not proceeded against, under it. This may be an evil. Let the Legislature look to it. It is at all events at? e\ il of less magnitude than to make the law bend to meet the jus tice of a particular case, or class of cases. 1 am happy to observe and I hail it as a flattering omerC that a reaction is beginning to take place on the bench iu relation to jiidi cial Legislation, and that the eulightened judgea of the present day are more scrupu lous in their construction of statute law than some of their predecessors. But says " U. Q." " our act of assembly gives a party in whose favour a decree in equity goes for money a right to take hia attachment or ft. fa. attachments are not named in the insolvent laws and yet our ju Jges have considered the attachment only one of the modes of getting a debt, and ex tended the right to swear out without any statute authorising *uch a course." M Look ing at the reason of the thing, the judges in equity have accorded the ^ight of swear ing out without legislative interference." This does seem at "the first blush" a forcible analogy; but when examined more nar**r,wly it looses its appearance of appo siteness. In the first place I do not think Legislative interference in this case at all necessary; f?r l',c insolvent debtors act would upon a fair constiuction embrace the cuse of a person against whom a decree for money has been given and who has been at tached for the purpose of enforcing pay ment. This act declares that " if any per von or persons whatsovcr shall be hereafter turd, impleaded or arretted for any de mand, cause or thing," they shall on cer tain conditions be entitled to the benefit of this act. Any arrett then of the body of the debtor, under whatever process it mny have been made, would clrarly bring his case not only under the spirit but even the letter of the law. There does Appear once to have existed a iloubt whether the court of equity had a right to exercise jurisdiction on the appli* cation of an insolvent debtor for his dis charge. In the caseof expartjttPerkins, 3 Ofit, 549, the very able and NKfced Chan cellor who presided, expressed himself a? not altogether satisfied that the court did possess the power. The difficulty howev er did not occur as to the process undet which the applicant was arretted; the wr.rds of the act were sufficiently clear and eomprehensivo on that point. The only iloubt was whether the power to discharge in in sol vent debtor was given to that court, ind this very doubt exgpessed in that ease if a judge whose deep Mid laborious re searches have contributed mot* perhaps han any other to the eqoity leaning of the iUte, is n forcible condemnation of the ajiMaj>isi_' l||Mt notaiaM Jl^|l Cm ln ? ?e >fOMrWI9lrVCWHI COfUMNM wOW HI rflWKHl ?this question. In the decision that the court of equity One of the < application mutt b? made to ? " court of law." It did not moan thereby nccessari ly a court of common taw or a court of com moo pica*. A ?? court of law?H U a gone ric term, and moans a place wbave justice It administered. And even taking the ex pression in its llpslted sense, the court of chancery has a rom^wi law jerisdk*ioa, and the application might be mad* on tho law side of tho court, yet tho chancellor doubted his right to exercise Jurisdiction over the case. How would he stare, If be eras called upon to carry the principles et construction to the Immeasurably greater lengths contended for in thp case under consideration. The act of *Wrrqolree afly ta. to Issue and to be returnou nulla bony. A ca. sa. may the* be Issued, and Mrs the defendant may be discharged. Yet we are told that by construct ion, the insolvent may be released under the act, when the course required by the act, l?a? not pursued. A? well might" U.Q." contend that the sog oitor has e right to Issue his ca. sa. before he has resorted to his fi. fa. against the de feudftnts goods. The right to Issue a ca. sa. he has unquestionably?but does he pos sess it without the prerequisite ol the ft. fa. and the return of nulla bona, " U. Q." seems to admit that he does not. If the right to issue a ea. sa. does not exist with out a compliance with the terms of the law, neither can the prisoner be discharged ex cept under the circumstances specified by the act. The next analogy suggested by " U. Q.' does not appear to be more in point. He observes that" it is the practice in equity to settle the wife's property on her when the husband goes there for her estate." '? Our statute gives the c>urts of law concurrent jurisdiction in cases of partition without saying they shall order the property set tled. Yrt our common law judges have considered the change of jurisdiction no reason why the husband should elude this just right of the wife*'?*1 nor should execu tive officers consider the technical imprison ment of a defendant for a misdemeanor as a means to coerce a fine, as excluding his rigl>* ">dcr the act of 't>7 to the privileges of ?*. ?????*? nts." When the act of 1791 gave " ike courts of law concurrent jurisdiction in cases of partition," it must have given by tiecfttQry imfi/ieation all the incidents of that jurisdiction. Before the court of law was vested with this jurisdiction, a practice had grown up in equity to settle the wife's property on her, when applied for, by her husband. This had become a fettled law of the land. And the Legislature on giv ing the court of taw concur rent jurisdiction I did not ccrtainly mean to empower that court to abrogate this or any other settled law of the land, or to divest any individual rights. A contrary construction would also create the monstrous legal lollcitin, that what was law in one conrt was i ot so in another of concurrent jurisdiction. Th<> similitude between this case and the one j arising under the act ol '87 is not very strik ing. In the first, the right exists by the law of the land, and the question is whether the change of jurisdiction merely shall di vest it. In the second, the right to be dis charged as an insolvent debtor is created by the act of '87, and the question is wheth er by construction it shall be extended to cases other than such as are specified in the act. In the last case too the difficulty of clashing jurisdiction could not occur, as the same rule must be adopted by both courts. Upon the question whether such a sen tence as the one supposed Is a violation of the constitution or not, 1 must be permitted again to say that it it wholly irrevalent to the point jn dispute. Adopting the position that is unconstitutional, it is wholly imma terial as regards the remedies afforded by the act of '87. That act pretends to give do remedy for any violation tf constitution tional rights. If it is unconstitutional, it was equally so before the passage of this law, and there muit have been a power of relieving v??ted winewher*. And If 4hc position be correct, the tame remedy may still be had by pursuing the proper course. This act merely directs how and under what circumstances unfortunate insolvent* may be discharged from a confinement which is recognised by the constitution and laws; tH't how they may be relieved fiom a sentence repugnant to that constitution and those laws. If the constitutional rights of the citizen are violated by the sentence of the court, let him rcsoit to hi* constitutional remedies?bat let him not elaitn his release from an unlawful sentence; under the pro visions of an act, whose object was entirely foreign from the redress of constitutional grievances. It is no argument then why a person sentenced to a fine ami to str.nd com mitted till his fine Is paid should be discharg ed because such sentence is unconstitu tional. Indeed the position that such a sen* trace i? unconstitutional defeats the force of the objection mainly relied on by " U. Q." ?ad others?to wit, that but for tha con struction of the law far which they contend, the unfortunate prisoner would be entirely without remedy. Whereas If hi hit sen tence the constitution Is violated, Ita must hare redress Independent of the act of '87. Tha tame reasoning applies wtth equal force In answer to an objection which had been urged that meh a t with the principles ef tha ' If fcawever swab a Iky*. ?SP**"' There Mt some other aslseooceptlons of a?y views doubtless unintentional, which a. I have all-refer BmpaJ largaly oo your columns, I sfeall not attempt to caprect. lo reply so ?A." who IW**ai||M<?d that 1 am ^together la the wrung/* I wl)l observe, that it mould be Impossible to ?ay cr innh a wntfim at that which hot LI fctth so much discission was intend m expiatory or oot. A Jodge called* oo Mtroe tochao order could not travel the record In search of Ha meaning It would import on its face that the prisoner thould pay the fine, or itaod committed, aod thus lo one way or other atone for hie of fence. I am not aw are thai any judicial poaHion even oo the circuit has aa yet given this ocder a different technical signification. Perhaps ?' A V* experience ia more ex tensive than mine, which I admit to be limited?but no "ifH* hat fallen under nsy obeervatioo in which a person thua eentenc* ed has been discharged under the insolvent debtor a law. f ''' ' ?jL' ?; I now take my leave of the subject, with an apology to you Mr. Editor as well ai your readers, for occupying so large a por tion of your paper to the exclusion of nior< interesting matter. JUVEN1H. mmmmammmmmmmmmmmmmmm POLITICAL. [Front lbs Borfnn UaaHf.] In our |?p?r will be found the correspon dence of Mr. Kendall the 4th auditor, and the ?ditor of the Lowell Journal, a paper located in the vicinity of the place of Mr. Kendall's nativity. It is deeply interest ing. The simplicity of Mr. Kendall's na S8 ?ve. carrying with U internal evidence) of truth, which It is in vain toendeavor to resist, the good taste and food feelings and the consequent beauty of eomoositionl which strike the reader, render the letter of the fourth auditor more attracting than any publication of the kind that dwells withinl our remembrance. Theproofof Mr. Clay's bitter hostility to Mr. Adams, previous to the election m the latter, and the evidence of some extraordinary occurrence which must have suddenly turned tho course of thsthoetility, may be seen in this letter. It is every way creditable to Mr. Kendall, and would, we should think, dispel every! doubt relative to his integrity, wiiith was raised by mere rumour and suflbieion in the) minds of people in this vicinity. To own the truth we have not been altogether pleased with the style of some of Mr. Ken dall's letters, previously published, sinoe his accession to office; nut we uust own also, that this letter has induced us to make allowances for the others, which we| were not willing to make before, and has caused us to think favourably of the frank | and warm hearted individuaiLfkrom whose pen they have proceeded. The evidence Hof malioe on the part of those who have ob liected to Mr. Kendall, tarnished by Dr. IVt'atkins' infamous letter to Mr. Harris, ?together with the letter we now publish, will we think have an effect in favour of Itho 4th auditor, upon the minds of tho peo ple of New England, and when he left us for the first time, be had as yet, he says, I" no rnrmira;" when he visits us again we doubt not the number of those hostile to Ihiin will have been sensibly diminished. Lowell, Mm July G, IC20 7b jlrzoM Kendall, R?q: Sir?I sent to you a copy of the Low ell Journal, of June 94th, in which was an indirect charge against yourself, in these words?" When Amos Kendall shall have disci targed his supposed public obligations at Washington, it is hoped that his privste obligations?not only to his benefactor in the wtft, the abused Clay?but in thk vkt? fifty, will be attended to with equal ceal." {From your manner of treating thia para graph, it would aeem that you were dis pleased with it. I take the liberty to in form you that (he obligation there alluded to, is a subject of common conversation in thissoction of the country. v->u need not be told. I presume what it is. If you shall authorise any one to say, that there is no ground for the existence of any such obli SHtion, a sense of Justice will require of me ?it I make the same exertion to correct the erroneous report, if it be erroneous, which I have made to circulate what is ge nerally belicvod to be true. If you Vufftr it to remain unnoticed. 1 shall not fail to make use of the fact whenever your name comes before the public. The character of any government is in some measure deter mined by the character of thnso men who compose it, or aru patronised by it. The people cannn* ought not, to niece coo Inovitfv in the fiublk integrity <>; men *ii6 are not honest and honorable in privste life. The people of this nation are not in different or uninterested obeervers of the men whom a change in the administration has brought into power or notoriety; and they will examine thoroughly, the charac ter .of their many profaettons. In conclu sion, I have only to repeat, that I shall aim to do you justice in relation to this affair; and if necessair, a complete state ment of the facts in the ease, wilt lie pre sented to the public. In doing this you will receive that Justice, which it would seem, yorf are endeavoring to mete out to others. With all due respect to the government and its officers, yours, JNO. H C KNOWLTON Wn'Mngtoo, Jntjr 1 llh, 1899 Tb John 8. C. Know/ton, K?o: Km?Your favor of tl>? 6th imrt. cam* In hand thin morning. I accord with you mont heartily in tho nentlmcnt, thai " tha rata life," and all I ask at your hand*, or Ihoaa of my fellow ciiinen*, ia " lhat Juntka which" I am " andaavoring to mete out to othara." In your paper of 94th Juno ?d a hopa that whan I had dtocttarg* my " public obligation* at Waahington." P dmuM attend with aqual aaal to my priVaU Mintions, not only to My " banafretor in ih? tha abu?*d Clay?but your | letter induct* me to think I hut have teen nktaken in your motive* and cbuatter. It would aeem that you we not one of tfccso who expect to ncionwwnrt themeeh the leoaeni of a party, by groundless of Men in power. It would Mentha toreplytoev me'that he wlU coMkler it true, and speak ofttasafecuuoleas I deny it, 1 pro teat against one position nuumed by your letter, la allusim to your article or the ?jM|feetiaK--/JtN9W not what?in rc latkm to some alledged obligation of mine in your vicinity, yon tay k"isa sutyect of common conversation In this section of the country f*.thatIt, "h generally believed," and that lr I infer "It to remain unno ticed** you "shall hot fell to make use of the tact whenever** my " name oomea be fore the community,** Is thU the way you deal with reputation f Do yon pick op ru mors injurious to your billow citizens enga ged In arduous public duties 400 miles off, and pronounce them guilty without evi dence, merely because they have not time or Inclination to deny the malicious charge f What would the world think of a Court which would say to the ?<sn arraigned at itaber,8ir, yon are charged with murder, ?prove your Innocence or we will sentence you to be hanged/ This to the Mjustice ** which you propose extending to me. Nay, you ao not even tell roe with what I itn charged ( You My to roe, " Tow netd not be fid " I presume what U k. You ar raign me , yoo say there it a charge against roe i and without informing roe what it is, you call on mcto plead guilty or not guilty ; and you avow that yoo wQl coodemn if I do not. You will thluk better of thia position. The right to aMurae it can only exiit where the evidence of a charge relative to a public act it within the exclusive control of the party arraigned. But in tnu case I waive all exceptions. What may be the " subject of common con versation,' to which you allude, I have not the slightest conception. I know butthree persons in New England to whom I owe any unrequited obligation. Two of the three are my own venerable tether and mother, who now live within eight milea of your residence. M) obligations to them can neve r be repaid t for they instilled in to rac principles, and accustomed me to habits which have borne me triumphantly through persecution and adversity. It will be but n short ride?go to them and ask if there ever was any thing of ingratitude or dishonour in my bearing towards them. Ask if I have not always been a dutiful and affectionate son, ever ready to minister to their happiness, and, as far as possible, re pay their labors of affection. The other person to whom I alluded is William M. Richardson, Esq. Chief Justice of New Hampshire. WithHUm I studied law inGroton,Masa. and his kindness tome has been unbounded. Ho lives in Chester, N. II. Ask him whether I have been Suilty of dishonesty or dishonor towards tm His character is above reproach. On his opinion of me 1 am billing my fellow citizens shall form theirs. 1 can hardly conceive that your dark al lusions have reference to any relations ex isting between me and any of tlir individu als whom 1 have mentioned. II they have, you can have the truth by application to them. If not, my imagination Is at fault. 1 have two brothers living in Dunstable, Mass. and one in Medford. I have nume rous relatives in Dunstable, Tyngsboro' and nlny other towns; I having taught school in Reading North Parish, Dunstable, Mass. Dunstable, N. H. New Ipswich and Weston) I have spent nearly four year* at Dartmouth College, and lived about 3 in Grot on. If in any of these places a being lives or ever did, who can justly charge me with an immoral or dishonorable act, I known it not. You speak alao of my obligations to "the abused Clay," whom you call my "bene factor in the West." For your error in this point, I cannot much blame you; lor you doubtless have somo confidence in irtions of those iournakt with which you co-operate. The National Journal ot yesterday called me "one branded with the most abhorrent vice ef our nature, ingrati tude?grovelling assailer of his benefac tor, who snatched him from begary and starvation and cherished him in hia bottom, till the viper turned upon him and disgor ged his poison in hia heart." ^ When you see sueh strong asprtiona ho often repeated, it b natural for you to wup noeethey have some foundation in fact. You will, therefore,.be surprised, when I pronounce the assertions contained in thia paragraph fU! !IK? fmttr Inover waain a Mate of "bcirgMy Wd starvation;" I never needed, asked or re ceived Mr. (ilay'a charities; I never "cherished in his boeom." in any sense of the term; I never was relieved or enriched by hia money, or benefitted by hia coun seta. I waa established in the practice of law in Georgetown, Kentucky, before I aaw him; it was without hia conn ho 1 or aid that I purchased an interest in the Frank - fort Argua, in 1016, and .became ita editor, he never gave roe money; he never loaned me money except at usury: never, to n?y knowledge, aided in extending the circula tion of my neper, and never, m any shape, contributed to its support, except by iho payment of his subscription for a singlo number. But that you may see what Actions mn - lice invents, and credulity circulates, I shall briefly detail the fcete which have given pretence for these monstrous slander*. Ear ly in 1814,1 left New England with th? view of taking up my. residence in the West. On leaving my (lather's house, I &dSSptSsf3ts? He wm and I < me in ? waa the