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