OCR Interpretation


Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, November 13, 1852, Image 1

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THE WUEUV NATIONAL INTELLIGE\CUK.
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ene time, five copies of the Weekly paper; and a like re
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NAT10NAL INTELLIGENCE^
INTERESTING SLAVE GASE.
The case of Cecil Oliver and othors against
Danjkl Kauffmak and others, whii-h bus been
pending for some time past in the United States
Oirouit Court in Philadelphia, has resjlted in a ver
dict of $2,800 damages against K&utfman, and the
auffo-luol rn the "rtior defendants. Tbc action was
brought under the provisions of the act of Congress
of 171)3, to recover damages for liarboring andoon
cealing thirteen flaves who had escaped iuto Penn
sylvania from the custody of their owners, the
plaintiffs, who reside in Maryland. We copy the
subjoined report of the case from the Philadelphia
Bulletin:
Ukiteu States Ciucpit Cocrt?Before Judges Cana
and Kaxe.
Cecil Oliver et al,, by their next friend, Eli Stake, vs.
D/iniel Kauffman, Stephen Wakefield, and Philip Breek
hill.?Action on the case for harboring and secreting
slaves.
This case was argued by Messrs. II. M. Watts and C.
B. Penrose lot the plaintiffs, and by Messrs. W. B. lteed
and D. P. Brown for the defendants.
Several d.iys were occupied by the trial, and the facts
relating to the ownership, escape of the thirteen slaves
into Pennsylvania, and the harboring and concealment of
them by the defendants, so as to elude the pursuit of their
mistresses, were deeply interesting.
Several important prinoiples of constitutional law origi
nated, and were very ably aud impressively argued on
both sides.
1. Whether the Constitution of the Uuited States afford
ed a remedy, independently of the act of 17'J3.
2. Whether the saving clause in the act of 1790, giving
a remedy, was repealed by the acj of 1850. (The fugitive
Blave law.)
3. As to the effect, under the statutes of Pennsylvania,
of a voluntary transit of the owner with the slaves over
the territory of Pennsylvania to Maryland, upon their
freedom.
4. Whether the statute of Maryland, showing the
"statin " of the slaves there before their escape, was not
conclusive of the right of the plaintiff to their labor and
services, and to iustilute and maintain tlmr suit in the
Courts of the United States in Pennsylvania.
In the course of the argument allusion was made, on
both sides, to the late trials in the same Court, for trcafon,
arising out of the riot and homicide at Christiana ; and
the Report of the Attorney General of Maryland, .made to
the Executive of that State, and the action of tile Governor
thereupon, were deprecated as injurious to the purity, in
telligence, aud high character of our Pennsylvania courts
and juries, and'tending to occasion irritation aud rescut
meut on the part of the citizens.
These several topics are very learnedly discussed, and
the law established by Mr. J ustioe Grier, in the following i
charge to the jury.
After stating the case and giving an abstract of the
pleadings, his honor proceeded :
CHARGE TO THE JURY,
lu performance of jour duty on tliis subj<-<jt, it will
be proper that you suffer no prejudice to affect your
minds, either for or against either of the parties to this
suit. The odium attached to the name of ?? abolitionist"
(whether justly or unjustly, it matters not) should not
be suffered to supply any want of proof of the guilty par
ticipation of the defendants in the offence charged, even
if the testimony in the case should satisfy you that the
defendants entertained the sentiments avowed by the class J
of persons designated by that name. The defendants are j
on trial for their acts, not for their opinions. Beware, also, I
that the occasional insofence and violent denunciation of |
the South be not permitted to prejudice your minds
against the just rights guarantied to them by the consti
tution and laws of the Union. An unfortunate occur
rence has taken place since the former trial of this case,
which, as it is a matter of public history, and as such has
been introduced into the argument of this case, it becomes,
the unplesant duty of the Court to notice in connexion
with this portion of our remarks. A worthy citizen of
Maryland, in attempting to recapture a fugitive, was
basely murdered by a mob of negroes on the southern
borders of our State. That such an occurrencc should
have excited a deep feeling of resentment in the people of
that State, was no more than might have justly been ex
pected. That this outrage was the legitimate result of
the seditious and treasonable doctrine* diligently taught
by a few vagrant and insane fanatics may be admitted.
But by the great body of the people of Pennsylvania the
occurrence was sincerely regretted, n^d an anxious de
sire was entertained that the perpetrators of this murder
should be brought to condign punishment. Measures
were taken, even at the expense of sending a large con
stabulary and military force into the neighborhood, to ar
rest every person, black and white, on whom rested the
least suspicion of participation in the offence. A large
number of bills of indictment werefound against the per
sons arrested for high treason, and one of them was tried
' in this Court. The trial was conducted by the Attorney
General of the State of Maryland; and, although it was
abundantly evident that a riot and murder had been com
mitted by some persons, the prosecution wholly failed in
proving the defendant, on trial, guilty of the crime of
treason with which he was charged. Bat, however much
it was to be regretted that the perpetrators of this gross
offenoe could uot be brought to punishment, the Court
and jury oould not condemn, without proof, any indivi
dual to appease the justly offended feelings of the people
of Maryland. Unfortunately, a different opinion with re
gard to our duty in this matter seems to have been en
tertained by persons holding high official stations in that
State; and certain official statements have been publish
ed, reflecting injuriously upon the people of Pennsylvania
and this Court, which have tended to excite feelings of
resentment, and to keep up a border feud, which, if suf
fered to have effect in our Courts, or in the jury-box, may
tend to prejudice the just rights of the people of Mary
land and of the plaintiffs in this case. Thqse offensive
documents, I have reason to believe, are neither a correct
exhibition of the good sense and feelings of the people of
that State, nor of the legal knowledge and oapacity of its
learned and eminent bar. It would do them great wrong
to suppose them incapable of understanding the legal
proceedings which have been made the subject of so much
reprehension, or capable of misrepresenting them. It is
your duty to treat with utter disregard ignorant and ma
licious vituperation of fanatics and demagogues, whether
it come from North or South, and give to the respective
parties such promotion of their respective rights as the
constitution and the laws of our country secure to them.
I hare urged these considerations on your attention
more at length, because they have been the subject of
much comment by counsel.
The foundation of the legfcl rights now asserted on be
half of the plaintiffs Is found in the constitution of the
United States. The provision of the constitution (Art.
4th, sec. 8d) is as follows:
'? No person held to service or labor In one State under the
Uwh thereof, escaping into another, .hall, in consequence of
My law or regulation thereof, be discharged from *urh labor
or service, but shall bo delivered up on claim of the party to
whom such service or labor may be due."
It (foci ares also, art. 0 sec. 2:
"Tiat this constitution, and the laws of tho United States
made in pursuance theroof, shsll be tho supremo law of the
land, a.nd the judges of every State thall be bound thereby,
?ny thing in the constitution or laws of any State to the con
trary notwithstanding."
By virtu* of this clause of the constitution the master
might have pursued and arrested his fugitive slave in
another 8tate ; he might use as much fr rco as was neces
sary for his reclamation ; he might bind and secure him
so as to prevent a seconl erenpe. Hut as the exert iso of
such a power, without some evidence of legal authority,
might lead to oppression and outrage, and the master, In
th? exercise of his legal rights, might be obstruoted and
hindered, it became necessary for Congress to establish
some mode by which the muster might have the form and
support of legal process, aud persons guilty of improper
interference with his rights might be punished. For this
purpose the act of Congress of 12th February, I7'J3, was
1>aased. 13y the third section of this act the master ?r
lis agent is empowered to seize and arrest the fugitive
und take him before a judge or magistrate, and, having
proof of his ownership, obtain a ceitificate, which should
serve as a legal warrant for removing a fugitive.
The fourth section describes four different offences: 1 st,
knowingly and wilfully obstructing the claimant in seiz
ing or arresting the fugitive; 2d, rescuing the fugitive
when so arrested; 8d, harboring; 4th, concealing sucli
person alter notice that he is a fugitive from labor.
Under this statute you will observe that a penalty of
five hundred dollars is incurred for harboring or conceal
ing a fugitive, which thjj party injured may recover; but
the present action is n6t for this penalty. In this suit,
the plaintiff is only entitled to recover the damages he has
actually sustained by?the acts of the defendants. You
will first determine whether the proof, under the princi
ples here laid down, entitles the plaintiffs to recover.
Aud if they be so entitled, you will then have to consider
the amount of damages.
In order to entitle the plaintiffs to your verdict, they
must have proved to your satisfaction?
1. That the slaves or persons held to labor, mentioned
in the declaration, or some.of them, were by tho luws of
Mn}luu<l the property of th? ; or, m the statute
expresses it, that their labor and services were due to the
plaintiffs for life or a term of yeurn.
2. That these persons so held to labor escapcd to the
State of Pennsylvania.
3. That the defendants, or some of them, aware of
these facts (having notice or knowledge that the persons
harbored or concealed were fugitives from labor) did
harbor or conceal them, contrary to the true intent and
meaning of the statute.
4. And if you find these facts in favor of the plaintiffs,
the amount of the damage, injury, or loss sustained by
the pluintifts in consequence of such harboring aud con
cealing.
On the first two points there is no contradictory testi
mony. But, while the escape of the twelve negroes lias
r not been disputed, the defendants' counsel contend that
the facts as proved do not show thut the fugitives were
slaves, or the property <?!" the plaintiffs, but, on the con
trary, that they were free.
It has not been disputed that the fugitives were the
property of Shadrach S. Oliver, at the time of his death
in Arkansas. By the laws of that State the widow has a
right to a third of them, if treated either as real or per
sonal estate. But, however Jhe law might divide them,
the widow and children, as entitled to the succession,
after the payment of debts, could, by any fainilj'arrange
ment, settlement, or understanding, divide the property
at their own discretion, and third persons would have no
right to dispute its validity. Slaves, though for some
purposes treated as real property, are chattels, and, like
other chattels, may pass by delivery, without any formal
bill uf sale. Possession of them is therefore j>rima facie
evidence of title.
It has been contended that these slaves became free by
the act of the plaintiffs, in voluntarily bringing them into
the State of Pennsylvania.
This question depends upon the law of Maryland, nnd
not of Pennsylvania. This court cannot go behind the
status of these people where they escaped. We know
of no law or decision of the courts of Maryland whicli
treats a slave as.liberated who lias been conducted by his
master along the national road through the State of Penn
sylvania. On this subject Lord Mansfield has said some
very pretty things, (in the case of Somerset,) which arc
often quoted as principles of the common law. But they
will perhaps be found, by examination of later cases, to
be classed with rhetorical flourishes rather than legal
dogmas. Since the former trial of this case the point has
been decided in the Supreme Court, as I think. But, how
ever that may be, the point is ruled in favor of the plain
tiffs for the purposes of the present case, as we desire to
have your verdict on the facts of the cuse, which are so
much contested.
The great question, then, to which your attenticn will
be directed is, whether the defendants, or any one of them,
are guilty of harboring or concealing the fugitives as
laid in th? declaration.
Whether the plaintiffs could have sustained an action
on the case on the mere guaranty of their rights an con
tained in the constitution, we need not inquire. The ac
tion has been instituted with reference to the terms used
in the act of Congress of 17D3. The fine inflicted by that
act can be no longer recovered, because the act of 1&30,
having changed the penalty, has thereby repealed the act
of 170" to the extent to which it has been thus supplied.
Bnt the statute, so far as it gave an action on the case
for harboring and concealing, has not been supplied or
repealed.
As to the nature of the harboring and concealing, (which
is the substance of the complaint in this case,) and which
would subject the defendants to liability in this form
of action, I shall repent the observations made on a
former occasion.
1st. What is meant by "notice;" and, 2 <4 what consti
tutes harboring.
On the first point the court lias been relieved from
much difficulty, by a late case tried before Mr. Justice
McLean in Ohio, and -which has been affirmed iu the Su
preme Court of the United States. (See Vansandt vi.
Jones, 2d McLean; nnd same case, 6th Howard, 21G.)
In that case it was decided that the word " notice," as
used in this not, means knowledge ; that it is not neces
sary that a specific, written, printed, or verbal notice
from the owner be brought home to the defendant, but
that it is suffioient if the evidence show that he knew
the person he harbored or concealed was a fugitive from
labor.
The word harbor is defined by lexicographers by the
words to entertain, to shelter, to secure, to secrete. It
evidently has various shades of meaning, not exactly ex
pressed by any synonyme. It has been defined in Kou
vier's Law Dictionary " to receive clandestinely, and
without lawful authority, a person, for the purpose of
concealing him, so that another, having the right to the
lawful custody of such person, shall be deprived of the
same." This definition is qnoted in the opinion of the
court as delivered by Mr. Justicc Woodbury, in Jones r*.
Vanxandt, 5 Howard, 227. But, though the word may be
used in the complex meaning there given to it, it does
not follow that all these conditions are necessary elements
in its definition. Receiring and entertaining a person
clandestinely, and for the purpose of concealment, ipay
well be called harboring, as the word is sometimes used.
Yet one may harbor without concealing. He may afford
entertainment, lodging, and shelter to vagabonds, gam
blers, and thieves, without the purpose or attempt at con
cealment, and it may be correctly affirmed of'him that he
harbors them.
The act of Congress, by using the terms "harbor,or
conceal," evidently assumed that the terms were not
synonymous, and that there might be a harboring with
out concealment. The act seems to be drawn with great
care and accuracy, and bears no marks of that slovenly
diction which sometimes characterizes acts of Assembly,
where numerous synonymes are heaped together, and .
words are multiplied only to increase confusion and ob- |
scurity. But neither in legal w>e nor in common parlance is f
the word harbor precisely defined by the word? entertain or I
shelter. It implies, impropriety in the conduct of the
person giving the entertainment or shelter, in consequence
of some imputation on the character of the person who |
receives it. An innkeeper is said to entertain travellers
and strangers, not to.harbor them ; but may be accused of
i harhoring vagabonds, deserters, fugitives, or thieves : per
sons whom he ought not to entertain.
It is too plain for argument that this act docs not In- j
tend to make common charity a crime, or treat that man
as guilty of an offence against his neighbor who merely
furnishes food, lodging, or raiment to the hungry, weary,
or naked wanderer, though he be an apprentice or a
slave. On the contrary, it contemplates not only an es
cape of the slave, but the intention of the master to re
claim him. It points out the mode in which this recla
mation is to be made, and it is for an unlawful interfe
rence or hindrance of this right of reclamation, secured
to the master by the constitution and laws, that this ac
tion is given.
The harboring made criminal by tj>is act, then, re
quires some other ingredient besides a mere kindness or
charity rendered to the fugitive. The intention or pur
pose which accompanies the net must be to encourage
the fugitive in his desertion of his master to further his
escape and impede and frustrate his reclamation. " This
act must evince an intention to elude the vigilance of the
master, and be calculated to obtain the object." (2
McLean. )
This vin/a mem, or fraudulent intent required by the
act to constitute illegal harboring, ia not to he measured
by the religious or political notions of the accused on the
correctness or perversion of his moral perceptions. Some
men may conceive it a religious duty to break tho law.
but the law will not receive this as an excuse.
If tho defendant was connected with any society or as
sociation for the purpose of assisting fugitives from other
States to escape from their master*, and in pursuance of
such a scheme afforded this shelter and protection to the
fugitive in question, he would be legally liable to the
penalty of this act, however much his conscience or that
of his associates might approve of his conduct.
The difference between the action for the penalty and
the action on the case is this: The defendants might be
liable for the penalty, if they illegally harbored and con
cealed the fugitives, even though the master may have
afterwards reclaimed them.
But, in an action on the case for damages, the plnintitf
must show that the slaves were lost to him through the
illegal interference of the defendants, or that some other
appreciable loss, injury, or damage was suffered by him
in consequence thereof. In the first case he would re
cover the whole value of the slaves as damages; iu the
latter, only to the amount of actual damage which he
shows he has suffered.
If the owner of the fugitives does not think fit to pursue,
in order to reclaim them, lie caimot complain that those
who have merely harbored them after their escape have
injured him, unless he connect such persons with the
original escape of the slaves, and show that they seduced
the slave*, and helped them to escape from the pdfesession
of their master, if the master had entirely abandoned
the pursuit of his slaves and given up all attempts to re
claim them, before interference of the defendants, tin
whole value of the slaves could hardly be claimed as the
measure of his damages, as their loss could not be then
imputed to their harboring.
But if the owner or his agent, pursuing the fugitives
for the porpose of reclamation, should trace them to the
premises or a certain individual, and could trace them 110
further, because they had been harbored and concealed
and carried away secretly, by night, and delivered to
another, who continued the same process, and the pursuit
of the claimant wats thus baffled, no one of those indivi
duals thus interfering could be suffered to allege that /<?
interference did not cause the loss of the fugitives, or that
their value was not a proper measure of damages iu an
action for such harborinjr. If a number of persons com
biae together to commit a trespasss or wrong, they are
! liable to damages to the extent of the whole injury. The
: injured party may reeovcr judgment for the whole damage
' against each, and elect de melicoribui domnu, as he can
have but one compensation. And where a number of per
sons are sued for a joint trespass or tort, and the plaintiff
can prove any one of them to be guilty, the jury may find
the others not guilty, and assess the whole damages
against that one, even though many others, known or un
known, may have combined with that one to do the act,
and have not been sued. Although the plaintiff can re
cover but one satisfaction, the damages are indivisible,
and each joint trespasser is liable for the whole.
It will be for you, gentlemen of the jury, to apply these
principles to the facts (#' the case before you. The evi
dence is very contradictory. In some cases testimony
apparently conflicting may be reconciled without - impu
ting corrupt perjury to either side. It would be difficult,
perhaps, for the most enlarged charity to do so in this
case. The whole case has been argued before you with
very great ability by the learned counsel, and, as you are
the sole judges of the facts, the Court do not think it
necessary to make any remarks upon them.
If in 3'our judgment the hypothesis of the defendants'
counsel is supported by the evidence ; if Mr. Brockbil was
merely a spectator, without counsel, interference, or as
sistance ; if Mr. Weakley did not participate in the trans
action at all, you should find them not guilt}'. If you
believe, also, that Kauffnian did not assist in harboring,
secreting, or deporting the slaves, but merely fed them
out of charity, and suffered them to rest for a few hours
in his barn; that they were brought there without his
knowledge, consent, or approbation, and taken away
without his assistance, or any act of his, to enable them
to elude the pursuit of their owners or to further their
escape, your verdict should be in his favor also.
If, on the contrary, you find the hypothesis of the plain-1
tiff's counsel to be the true one; if, from the facts in
evidence, you believe that certain persons in the region
of the country where the defendants reside, and including
thein, or auy of them, were known as persons willing to
assist fugitives to escape ; that for this reason they were
brought to the premises of Kauffman by some person,
known or unknown, who was assisting the slaves to es
enpe^ If thojr ?er? rewired by him, harbored and secreted
, in his barn, then taken nwnj by him or by his ageuU or
servants after night. In order to a?sist thrtn to escape and
to elude pursuit; if the slaves were thus transferred by
him, with the countenance, counsel, and assistance of
Breekbill, to the barn of Stephen Weakley; if Weakley
kept them secret in his barn, and removed them on the
following night to places unknown, and the pursuit of
the owners of the slaves was thus battled, you should find
for the plaintiffs the full value of the slaves in damages,
a? against all the defendant^, or such of them as you be
lieve from the evidence to have-had an active participa
tion in the offence.
In fine, the burden of proof is on the plaintiffs, and,
in order to support their action, you must find from the
evidence?
1. That the plaintiffs were owners of the slaves named
and described in the declaration.
2. That those slaves escaped from the State of Mary
land.
3. That they were pursued by the agent of the owners
for "the purpose of reclaiming them.
4. That the defendants, or some of them, knowing
them to be fugitives, harbored and concealed them in
order to further their escape and euable them to elude
pursuit.
6. And if, in consequence of such harboring, the slaves
did escape, and were lost to their owners, you should find
the value of the slaves as damages, with interest if you
see (it.
You will suffer no prejudice to operate on your minds
in favor or against either of the parties on account of
any peculiar notions either you or thej- may entertain on
the subject of slavery. You are sworn to render a true
verdict.' In order to do this it must be accordirgto the
law of the land, rendering equal and cxac* jniti: to both
parties.
The Icariaw Colont at NaiItoo.?We take some sta
tistics of the progress of this community from the semi
annual report, which come down to the 1st of July last.
I The society, during the previous half-year, consisted of
U66 members?176 mon, 101 women, and 88 children ; 00 !
I persons were added during the period' covered by the re- I
port, and 100 new members were expected. The colony
had 446 acres of land under cultivation, and was in pos- '
| session of 8 ploughs, 11 horses, and 8 yoke of oxen. The !
crops have been excellent; 1,600 bushels of wheat, 8,000
<lo. of Indian corn, and 1,700 do. of potatoes having been 1
harvested. Twenty-four men have the care of the fields,
i and eight of the vegetable garden. The orchards and j
vineyards are in the highest degree promising, though
not yet in bearing condition. Thirty men are employed
on the island cutting wood, which is brought to the settle
ment in two flat boats. The transportation of fuel in this
! manner gives employment to seven other men.
The saw-mills, cooper shops, Ac. supply all the neces- |
sities of the colony. The number of fat swine was 80 ; (
"160 were fattening f r this autumn, and 260 for the next
year.
The school was not yet in full and successful operation,
owing to a want of room : there are other present difficul
ties in the way, which will be overcome in time.
The musical band oonsiats of thirty-two persons, and
both music and the drama have reached a v?ry satisfacto
ry pitch of excellence. The general health has been good,
though early in August ?n attack of cholera carried of!
six men. ten women, and six children.
The finances were also in good oondition. On the credit
side of the account stands the sum of $42,402; on the
debtor, $4,822?leaving a balance in favor of the society
of $86,580.
During the present autumn ten men will seek a proper
plaoe in Iowa for a new and extensive colony. When the !
foundation of this it fairly laid, Nauvoo will, for the fu-1
ture, be but a place for the preparation and proving of
new colonists.?New fork Tribune.
Distrkssino Casualty.?Whilst the Whigs were cele
brating their victory in Lynchburg, (Va.) Tuesday night,
a couple of horses attached to a carriage, (in which were
Mr. Chas. L. Dibreil and his daughter, a young lady about
?eventeen years of age,) became alarmed at the firing of
a cannon and ran off, In their course they rail over two
white lads, killing one instantly, and severely iiyuring
the other. Mr. Dibreil and daughter were thrown from |
the carriage and seriously injured. Miss Dibrell's life is
despaired of. The carriage was broken ioto atoms.
Th? National MoxrMKNT.?The following contribu
tions to the Washington National Monument were made
in Maryland at the Presidential election on Tuesday last:
Annapolis $30; two districts of Anne Arundel' county
$42 78; Westminster. $16 rnmbtrlai 1, $12.18; Wash
ington county, $100.81 ; Hart/ord county, $81.10,
TRTBUTB OF SOUTH CAROLINA TO THE MEMOIU
1 OF MR. WEBSTER.
\ large meeting was held in Charleston ou the
80th to pay a fitting tribute to the memory
of Daniel Wkbster, when an eloqueut addics
was delivered by Jamks L. Pettkiiilv, , Esq., o
whi*h the following is an extract:
44 Wkboter in the last of the illustrious three who
so lobg adorned the Congressional life of America. 1 ?
beloved to the second era of the Republic. He came
upoilt* stage as the heroes of the Revolutionary period
werel jawing away: ami he was one of that illustrious
band! who sustained the reputation of their fathers, an
aavelchnracter to the rising fortunes of the country.
En|vl|nd is justly proud of the Parliamentary glory of 111
perii that was illustrated by the rare genius of Pitt,
Fox^pnd Bcxkk, we may boast with reason of the long
perioT during which our Senate was illuminated by the
radiance <Mlh ininds as Clay, Cai.hou*, and WiusTM ;
and Ktboaefro ?P8 were 10 arranged iu parallel linW?
there ??>uld W no hwitatiou in aligning to Mr. Webster
by ta philosophic statesman, the sententious
und el* uont Burke. . .
?? Bu* the name of Mr. Burke excites other and more in
teresting associations. That great man, as you know, v r,
hold in the highest aud severest sense the Pcr80n^?
Ration of the representative to the convictions of his own
judgment. He ignored the doctrine of instructions; and
when the people of Bristol declared themselves unequivo
cally in favor of a policy disapproved by lim M at Vfo "
ance with the common good, he d.d not hes.tate to ftd
low the dictates of his own judgment, and expose him
self to the ostracism of-an offended constituency. Mr.
MO furnishes a .till more
ample of fidelity to principle at the expense of the loss of
friends He braved the displeasure of a constituent not
only of the highest social and political weight, but ft con
stituency to which he was attached by the most endeai ing
associations. It is his rare felicity to have left behind an
example of a firmness of principle which none bu^ him
self has had the opportunity ot exemplifying.
inny have been Jeady to lay dwn all .he advantages
of power and public station In support or the (Mutilation,
but he 1. .he only eiample of an American statesman,
placed under the necessity of offending hi* Mate or de
serting the altar of the Constitution. And ^ ell and no b .
did he stand the trial of that issue, and bear the conse
quences of public displeasure incurred in the discharge o
public duty. For this act .his name will emerge from the
tomb, in which his hopes, as far as worldly honors were
concerned, were buried before he died, with the lustre
which virtue receives from the fire of adversity '
fuUjebanl Brutus et Camu* eo t??ju? quod eon,m deerunt
During the brief session of the L g^islatiiro of
South Carolina, held on Tuesday, tut -d m^tint
for the cleetion of Electors of 1 resident and a
President of the United States, tne (joveruor trans
mitted the following special message :
ExKCI'TIVE DkI'ABTMINT, (
Cou XB1A, Novxmbee 2, l^o2.
Gentlemen of ike Senate and /louse of Rej>re*tnt"tire?:
1 feel it my duty officially to announce to you thc Jcans
of two of iii'r most illustrious Statesmen, H?|?t Clat
and Daxikl Wkbsteb, which have occurred since }
toKTS&e space of three short years, have passed
away from the sfage of action three of the grca*|t names
that have erer adorned the history of our count*. Cal
houn Clat, and Wkbstku were names wn.ch were upon
every lip, for praise or blame, according to the peculiar
political tenets of those who pronounced them. They
were the shining stars of our Republic. One by one, they
have been extinguished, as though they were not peruu -
ted to bhine but in conjunction. ? J,
homage ^ t Sngle our tears with Kentucky *
CX'setts eve; the tombs of their favorite, sons. IM
ferine it i? true, upon the agitating subjects of the
dav now that the grave has closed over them, we snould
turg'et whatever of frailty was incident t? their moi-tality,
amFonly remember them as the great intellectual lights
which shed a halo of glory around the history
mon country. * , .
In re.-ponse to this message the following resolutions
?X^^r^Ar^^outhCa.
m?Z?*'ThR?tewTX%itli fraternal feelings our con
Kaolied, ina Union on this sorrowful
^Si^auTmorc particularly do we tender it to the
occasion, hu Kentucky and Massachusetts.
Commonwealths of Kent J thc Governorbc ^uest
Executives of Kentucky and Massachusetts.
Yankif FsTKai'Rist in 8?1* M Amkbu A.?By theschooner
\ahkkt cleared at Boston for Cumans.
Lamartine. which ou4. flirnisbed with
Vennuela. a party^M ?f ?Wng
^ f llhT Slf .he Spanish vessel " Ban
treasure Veuexuela more than a century
I^,I,*"pM^rr?U.e.??.l had ??,OOO.OOOM
bf.?rd ihich las sent by the borne Oo.er.inH.nt to pay
nff trwrio in her dominions m the new world.
?ffC "0 years since a portion of the present party
r 1 the wreck, and with the aid of little apparatus
l^theTirJoseAcceded in raisin, about *!?.??. and
Sear?l the "reck so .lull they no. .utic.p.t. opera..on.
w,n be comparatively easy. A steam engine will be car
? i nt find also a diving machinc of ingenious construe
Ten now invented by Mr. James A Whipple, together
with submarine armor and all other apparatus deemed ne
oessary for the most scientific fathoming of the ' bou"^
lets deep " 8h<mld this enterprising company secure the
whole of their supposed vastly rich prue, they will not
only suddenly become millionaire, in wealth, but mil
literally " of the first water.
llonaires Itierai y ^ ^
Tar. Last but onkof tiik Mai-chunk Bulks.?Chris
tlna Morton, (or Mrs. PatcrsonJ one of the heroines of
the poet Burns, died At Muucnliue, (Scotland,) on the
15th of October, in her 87th year. She wiis one of nix
beauties celebrated in the poet'* song :
? In Mauehline th^re dwell* six proper young bailee,
The prirle of the place and the neighborhood a',
Their carriago and dre?* n stiangtr would gue?*
In London and Pari* they'd gotten them a'.
MiM Miller ii fine, Mini MarkUnd'* divine,
Mi?* Smith she hn* wit, and Mian Betty i* brsw,
There'* beauty and fortune to get wi' Mim Morton,
But Armour's the jewel for me o' them a'."
The " Armour" was the "bonnie Jean" of later days,
and all the others married soon after the poet had obtnin
ed his "jewel." Time rolled on. and the rival beauties
became mothers, and some of them ultimately grand
mothers?" thus rune the world away." In 1860 only
two of the famous " belles" (for the simple and somewhat
rude lines of Burns have been fame and will be poetic
immortality to them) remained in the land of the living.
These were, Mrs. Candlish and Mrs. Paterson?the latter
?he whose death wo have just recorded. So out of the
six belief alluded to but one, Mrs. Candlish, now remains
?? to tell the tale."
Fatal Accident.?The Democrats of Nottingham were
makihg preparations yesterday to celebrate their victory,
and for this purpose brought into requisition nn old
cannon, which has been lying about the river bonk since
the revolutionary war. They were trying the cannon, in
afeer to have it ready for the evening meeting. At the
third explosion it burst and killed William Danoborry. A
fragment of the gun struck him and knocked him a dis
tance of ten or twelve feet, and killed him instantly.
*? [ Xtu-nrk Adivrtittr of Friday.
Kiiwaro Bocuhton has been sentenced by the County
Court of Litchfield, Connecticut, to six year*' imprison
ment in the State prison, for placing obstructions upon
the track of the Naugatuck railroad, Plymouth.
NOTICE.? LETTERS OF Me. WEBSTER.
^lu! uudersigued hare beeu appointed the Literary Ex
ecutors of the late Hon. Daniel WeiJhtkb, and hare ac
cepted the trust conferred up#n tliein by his la*t will.
They desire, therefore, to give notice to all persons who
may have in their possession any of Mr. Webster's origi
nal letters that they wish to receive the originals, or co
pies, for the purpose of future publication, in such man
ner as shall secui most worthy of Mr. Webster and of his
correspondents.
Mr. Webster's letters form a very considerable part of
his unpublished writings. Many of them are of great po
litical and historical importance, and all of them elucLato
his personal history and character. While it is hoped
that it is quito unnecessary to say to tho'-c who have bevn
honored by his correspondence that the legal right to pub
lish the letters of a deceased person belongs only to those
who represent him, yet the undersigned, in order to pre
vent the irregular and scattered publication of Mr. Web
ster's letters in the newspapers aid other periodicals,
take occasion to give notice of the duty which they have
uii let-taken, and of their consequent legal rights. They
trust that all friends will feel no hesitation in committing
to their charge whatever letters of Mr. Webster they may
possess ; and the undersigned will lose no time in prepar
ing for the press a compilation of such of these papers as
may be adapted for publication. >
EDWARD EVERETT,
GEO. TICKNOR,
CORNELIUS C. FELTON,
GEO. T. CURTIS;
Literary Executors under the will of Daniel Webster.
The above notice is given with our consent and approval.
CAROLINE LeROY WEBSTER,
FLETCHER WEBSTER,
A majority of the Executors of Daniel Webster.
November 2, 1852.
CHINA MOBILIZED.
FROM THE LONDON SPECTATOR.
Among us there are strange events;, continental revo
lutions, the ups and downs of empire, the flight of vast
numbers across the Atlantic and Pacific in search of gold ; I
but an event stranger than those is passing nearly un-'
noticed in the eastern hemisphere. We are amazed at'
the exodus l'rom Ireland?the going out of the Celtic 1
population; but what U that to the goingout of th9 Chinese
people f The stationary empire in motion at last; the po
pulace of the Celestials moved by a common impulse
j swarming into the gold-bearing regions of the outrides!
barbariansNearly a hundred years ago, Goldsmith
i treated the Town to the imaginary experiences of a China- j
j man in England : had he lived in our day he might have
I learned the actual impressions of a son of the Flowery
| Laud; and Montesquieu might have personally tested
the truth of his own remark, that the Chinese are " It
penple leplut /ourbe dr la trrre.'" It is no longer a miracle
to see a Chinaman of "breezy breeches" in any latitude.
They have broken the bonds of habit and gone forth, and
are now in every land. They swarm in the islands of the
Pacific; they serve in Australia; they sit down in the
cities on the western coasts of South America; they colo
nize portions of California; a junk has even anchored in
the Thames, and a live Mandarin figured at the Great
Exhibition.
A few facts will illustrate this notable migration of a
people who have been singularly home keeping.
Hitherto, according to Mr. McCulloch, Chinese emigra
tion has been mainly from the province of Fo-kien, oppo- i
site Formosa; aud has consisted more of exploring and
| trading parties than permanent absentees. Thus the
Chinese for several centuries worked the silver and dia
1 mond mines of Borneo and visited Cele!>es. But now the
sources of the emigration have extended, and embrace the
' neighboring province. It was remarked by Mr. Asa
: Cliinney, in explaining his projected rsiilwuy frtw the
monntic to the Pacific, that the islands in the latter ocean
i iedft va<? ?- itVct (<? the rurptu* population of (Things
be expresM&Ji-.si < t would "-VuWn
' occupy MM man<L?. Thrf have outstripped th*.
i expectatiSjis of Mr. Vkitu?y ; they have occupied Cali
fornia wun detachments of their myriads. Four years
have sufficed to bring nearly thirty thousand Chinamen
! to San Francisco; to find them writing letters to the
newspapers, and raising villages named after the chief
towns of their native land. In 1848 there were in San
Francisco only two-men and one woman from China ; by
j th* end of 184f these had increased to nearly 800 men
and two women; in 1850 they numbered upwards of
4,000 men and seven women; in 1851 this number had,
j increased to 7,500; and by August 1852 there had ar
! rived altogether in that year 20,000 Chinamon, making a(
grand total in California of 27,500; but allowances for
deaths and further migrations reduced these to 27.058 j
men and twenty women. These emigrants come from the I
Canton River, and the rising port of Shanghai. They !
1 live aud work together, citflj in the mines; showing i
that their old habits of acting as commercial middlemen
have been broken through.
This enormous Chinese migration is a portentous sign
of the great activity of the world. Here is the reign of
Confucius coming to an end; here is a Mongol element to
mingle in the composite Yankee character; here is an ac
tive, enterprising, astute population fur Polynesia, open
ing up endle?s vista* for future commerce. The Western
Pacific will yet see a great historical people on its shores.
The share of England in this striking change, in this
mobilization of China, is obvious. We have not only
j opened the Canton rivers for ourselves, but for the Chi
i ne?e. Macartocy, Amherst, Pottinger, have delivered the
people from the bondage of ages; and, like all other na
tions, the Chinese are consciously mingling in the march
of the world towards unknown and unlooked for destinies.
The Americans have continued what we began; they, too,
are visiting China, but as friends, not coercers; and, how
ever any Chinese philosopher might mintruxt the race
w!'ich entered Texas in such friendly gui?e, he would find
! '?? me difficulty in persuading hi* countrymen to give up
the gol ten intercourse, on the ground that at no distant
date China might prove to be to America what India is to
j England.
Death from th? Bit? of a 8rrpest.?The London
j Morning Chronicle of the 21st ultimo records the death of
:i young man employed at the Zoological Gardens from
the bite of a serpent :
! It appears Frederick Oarlin, one of the keepers, whose
. Inty it is to attend that portion of the establishment de
voted to the reptile species, entered the large cage con
taining the Serpents, with ft view of stirring up some birds
I which had been placed therein as food for the serpents,
the time having arrived when some of them had recovered
from their torpid state, consequent on their previous meal,
(iarlin was in the act of picking up one of the birds,
when one of the species of Indian snakes, known by the
name of the " cobra," and the most venomous of the tribe,
made a sudden dart at the ft?ee of the unfortunate keeper,
and fixed its fangs on the right side of the nose.
The screams of the poor man attracted the instant at
tention of William Cockeridge, another keeper, who was
in the reptile-house at the time, and he rushed to the ser
pent cage and drew his companion out. The reptile had
immediately after its bite relinquished its hold: but the
effect was such that it immediately swelled up the face of
the poor fellow, and afflicted him with immediate blind
ness of both eyes. An alarm was raised, and assistance
having been procured, Oarlin was at once placed In a cab
and conveyed to University College Hospital. By this
time, although but a short period had elapsed between
the bite and the arrival at the Hospital, the head and face
of the keeper had swelled to an enormous site. The pa
tient was immediately taken charge of by Dr. Burder, the
resident surgeon, and the entire medical staff then in at
tendance. He com pinincd of pain in the throat and stop
page of breath. Artificial respiration, galvnnicm, and
every means which medical science could suggest, was re
sorted to to sustaiu life and alleviate the sufferings of the
patient; bnt so rapidly did the venom extend itself
throughout the entire system that in sixty-five minutes
from the time of the unfortunate man's admission to the
Hospital he was a corpse, having died in most excruciat
ing agony.
A Drove or Hoos Overboard ?While one of the
freight barges belonging to the Erie Railroad Company
was being towed down from Piermpnt on Thursday, n
drove of hogs numbering five or six hundred took fright,
broke loose from the enclosure, and tumble*! into the wa
ter. About half of the swine were picked up ?Hve, and
J the balance were drowned.
TIIE GREAT AUSTRALIAN MOVEMENT.
I FROM TIIK LONDON TIME* Of OCT. 21.
For about two Years the rule of Australian intelligence
has been that the latest accounts not only confirmed those
U fore but cast them into the shade. How long this ratio
of progression is to go on we do not venture to gue3?i
nor is ft at all necessary, for we have only to suppose the
vield of gold actual, ascertained, nnd regular, at the .ast
date to continue for some years without 1 urther increase,
Shtrr. w lojiMtify m? -iw... i
to the commercial and social results. At the last date
the weekly produco of ono gold district, seven.} mues
from Melbourne, was near 100,000 ounces, equivalent to
?20 000,000 a year; and, at a moderate esamate, le
whole yearly produce of Australia would not be less than
c 10 0<MI<0<H). As a natural consequence, Australian so
ciety had resolved itself iuto one great association ot c ig
cers In Victoria, or Port Philip, as it used to be culled, the
men with a few strong-minded women, to the number ot
about ??O.OOU, were at work on the variousi operates im
wodUtelv necessary for getting at the gold, wh?.e m. }
thousands ware engaged in ?ubsi(diary employ metits. r
diuiry occupations were neglected. 1 he cattle were
driven to the diggings from the distance of hundreds ot
miles, not as before to be shorn for their wool or killed
lor lUeir uUuw, the rest bei^g thrown away, but to bo
killed for their meat; the skins and wool being now the
indlsposmble refuse, and being accordingly burnt on the
>pot Wages for all kinds of labor had risen, to Keep
pace with the profits of gold bunting, and cubage ir m
Melbourne to the diggings was C100 a t... ' Vl'" ^ .
Of course, great inducement* were required to pre\??l
Bailors from deserting, and to get ships out oi port. The
population of Melbourne had already increased to such
an extent that thousands were living in tents in the sur
rounding fields, and the cry was " still they coma. Low
far that expectation was likely to be furtherjtulAlied, ,
in this country, have some means of judging. It is est
mated that iu the course ot this year 100,000 persons will
have left the British Tsles for the different Austrahau
colonies, nearly all thes?, first or last, destined to reach,
if not the diggings, at least the neighboring, dependant
cities. The greater part of these 100,000 are already on
their way, in mid sea, and in the southern hemispher* .
The rest'are certain to follow. i?i.,,,ilY
The above are uot probabilities, but /acts; and whi
they come to ? They come to this, that the popu ilationi of
all our Australian colonies, which previous to thisdis
covery was considerably under halt a million, will ?? in
creased by next spring?that is, by next Australian a -
tumn?to somewhere about 050,000, ot which 1 ,
must beset dowu as the abnormal increase over anu above
the natural increase and the ordinary immigration. Now
the question which we beg to ask, and to which the abo
remarks are introductory, is, Where are these 100.U H) to
get bread? Supposing there to be about enough or
550,000, there would remain a great deficiency to be filled
up from some quarter or other. Every body knows that
a deficiency that appears small compared with the total
amount of the supply, and the whole number
to be filled may easily produce an actual famine, for I
lnr 'e proportion of the people can and will get enough,
leaving the deficiency to become by those who cannot.
The deficiency which caused our own dreadful famine
1840 -'17, which cost 1200,000 deaths, and ?10,000,000,
was not larger, compared with the whole British popula
tion and resources, than what we have just described a^
likely to occur between this and the next harvest, it it is
not already felt in our Australian colonies. To many
the idea of a famine in Australia, except by some failure
of the crops, will seem the height of absurdity, because
people have been accustomed to think its capabilities m
exlmuatlble. Its capabilities, however, are u- dung to the
purpose Just now, seeing that men cannot live on capa
bilities. bread in <?e, not in pout, is what we want to
day, and in fact till next harvest, whenever that may be.
So we must put the fertility of the soil, the regularity of
the seasons, and other such future considerations whouy
out of the question, and confine ourselves to the actual
""hi the absence of information as to the produce of the
last Australian harvest, or the quantity of land un..cr
wheat and other white crops for the next, we have to ask
whether it is likely to be much larger than usual Not
at all likely we should think. Sixty thousand able-bodied
men can't be lutauig for gold in one place, and some
iMcJj or thirty thousand in other places, besides many
operetioo.. U
have gone unshorn, and even unattended, ^r want '
hands, tillage, which demands much more labor m ??
h'ive suffered in proportion, and we may too conftdeut j
conclude that the aggregate yield of the ^harvestand
of the next would not be above the average, but rather
below Australia, as a whole, has only produced enough
for its own purposes. What it might have doae, as we
have already observed, is a question quite beside the pur
pose. A few thousand quarters are all that it has e
exported to other countries. If it has hitherto only pro
duced enough for half a million, it willnot lts
preaching summer produce enough for WW,WW.
But Chili, we are told, is within reach, and can supply
an unlimited quantity of corn, as it does already to Cali
fornia. Here are three distinct considerouons^ From
Melbourne to Valparaiso and back is about 17,000 miles,
being right across the l'ucitic, and cannot be done m
much less than three months, under the most favorulle
circumstances. Deficiencies are seldom found out quite
in time, unless they are customary aud expected, which
this is not; but when the remedy takes near three months
to operate, it will Se of little u* when the famine has
already set in. Then there appears to be great difficulty
in getting ships out of the Australian perts, even when
they are under engagement to return to a port or their
own. Much greater difficulty will there be to get off
ships on a new voyage altogether.
The difficulty, as indicated and measured by the wages
demanded by sailors, is much greater in the case of ships
bound to the ports of the Pacific than in the case of tb*?
bound to the United States, or the British
to India. Yet, in the face of these difficulties, forty ship.,
each of 500 tons burden, would be necessary to bring
from Chili the quantity of corn required to make "P ??<-?
probable deficiency of the next Australian harres1 ut,
supposing all the difficulties got over, there rem an two
other rather adverse considerations?the limits to pro
duction in Chili, and the fact that its n?hmcW pro- .
duce is already engaged in California At the lat date
from Valparaiso, September 2, a vessel had arrived from
Port l'hiHp/whioh ,t left on July 28, in quest of flour
and provisions, and was disappointed to fin 1 them ?o i.g
in consequence of the California demand. The price or
flour at Port Philip, at the above date, only s;x months
after the last harvest, was ?25 a ton-a price that wou.d
amply remunerate any importer from the shores or the
Atlantic. These advices, therefore, present us with t e
fact of a short supply at Port Philip, an attempt to re
cruit it from Chili, arid a certain amount of disappoint
ment caused by the effect of the large Califonnan demand
on the Chilian market. We are justified, then in feeling
some apprehensions as to the possible state of things be
fore the next Australian harvest is got in. with more than
one hundred thousaud new mouths added to the demand,
with the regular operations of industry much interrupted,
and with the population much displaced an'tdlsorganued.
The only practical object to which these remarks can
tend tint while we send ut additi'-na' mouths to Aus
tralia we ought also to send out additional food. If for
pverv five emigrants there were also shipped a ton of flour,
or even half a ton, that would save each new cargo of emi
grants from being, perhaps, a -erions infliction on the
Sort it arrives at. U is true that by the tune the vessels
now about to sail arrive at Port Phillip a new harvest
will have been got in, and there will be no immediate
lanirer ? bnt, undeT the circumstances we have described,
the produce of that harvest may not suffice for more than
nine months' consumption, and the deAciency may not be
discovered till it is too late to make it up. Last year, it
is true flour was sent from England, and proved a loss to
the merchant, as hy the time it had arrived at Port Phil
linthe price had declined ?8 or ?9 per ton. As it has
since risen, however, to ?25, at the same place, it is evi
dent that, with proper commercial arrangements, and
with due patience, the speculation would not h?^ been a
failure. But at that time there had not been any thing
like the immigration we now witness from the mother
country. Our people at home were very slow to take the
hint, even with the success of California befcre theireyes;
and long after the most astonishing news from Australia
it was ? common remark that we were exporting thither
more goods than men. It is quite the reverse now.
There can be no doubt as to the immense number of
mouths we sre sending out, but we do not hear of a cor
responding export of food. The pinch, of course, mu-t
come during the two or three months be!", re the
lian harvest; that is, between this and February. t ere
be anv thing of the kind already, it is too late for us o
remedy; but we shall at least have time to present its ro
currence next year.

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