Communication
FOR THE FREE TRESS.
Mr. Iloxcard: I have been much gra
tified in reading the remarks of a lute
writer in jour paper under the signature
of Constitution. I have long thought,
-(indeed known,) that the present mode
of collecting debts by justices of the
peace and the officers who execute their
precepts, was most sadly defective, and I
have lon wished for a change; but if
those who alone are clothed with the pro
per powers of enacting and amending
laws, will not trouble themselves about it,
what can be expected from private indi
viduals. One fact is certain uniformity must
exist else there can be neither equity nor
justice, in the administration of any sys
lemoflaws under heaven. Is such the
case in the mode alluded to? It is not.
I have had, and now have, claims in the
hands of constables which have been
there for years. They are not collected,
while other debts of a less dignity and
subsequent date have been collected by
other, (or perhaps the same) constables.
It is moreover a fact, learned by experi
once, that tho decision of a doubtful case,
coming under his jurisdiction, depends
more upon the good sense of the presi
ding magistrate, than upon law. He
does not, neither can he be presumed to
know it, and as such it is not to be pre
sumed that his decision can be governed
by law. Here then it is apparent that if
the same case were to be tried before a
leas discerning justice, his decision, rest
ing, as in the other case, upon his sense
of justice, might, and probably would be
entirely different. In one case the law
may decide the case, in the other it may
not. And to cap the climax, it may not
in either.
Had 1 been asked to have pointed out
a mode better suited to accomplish the
ends of justice, "speedily and without
delay," I do not know that I cnuld have
fallen on any better plan than that recotn
mended by your correspondent. His
plan however, as might be expected when
briefly expressed, is subject to much
amendment and improvement. But 1
apprehend that it was not the purpose of
"Constitution" to develop in his commu
nication, every minutiae as he would have
it to appear on the statute book. He has
Sketched the outlines, leaving the legiti
mate body, to erect the superstructure.
Bat I would here beg to suggest one
omission, (for I doubt not such it was,)
of your correspondent. He has not said
any thing in regard to a stay of execu
tion. J imagine that in a country like
ours, where by far the principal part of
our population are farmers, and who can
not make regular payments more than
once in the year, that it would be a leni
ty not conflicting with the justice of the
law, to allow stays of execution, at the
time when sued out, pretty much as they
ore regulated by the existing law..
The importance of this subject and the
necessity for reformation is so evidently
needed, that I cannot but wonder that our
aage legislators should have so Ion" omit
ted taking notice- of it. They may have
acted however upon a false notion of the
Roanoke Senator's maxim, "de minimis
non curat, c." Now although I feel
my own incompetency to remedy cviL of
such magnitude, yet I think it requires
not the astuteness of the Athenian law
giver to perceive the evil and the crying
necessity of amendment. It has been
said by Junius, ("quistat nomiiris um
bra, ) in a letter addressed, I believe, to
the Duke of Grafton, that the complaints
against his lordship were not so much,
that "he always did wrong by design, but
that be never did right by mistake." This
maxim with a little alteration might apply
to certain men clothed in a "little brief
authority." The complaint is not fio
much that they seldom do good by de.
sign, but that they so ofteu do evil bv
mistake. 7
"Constitution" has also briefly men
tioned that a court on his plan might be
made to answer the purposes of a court
of probate, ordinary, &c. Yes, sir, no
doubt of it. It might bind out appremi
scs, appoint guardians, grant letters of
administration, take the examination ofj
heme coverts in regard to their convey-:
.nitre of lands, &c. fcc. Indeed such a,
court, prwjKirly constituted, might, in my
opinion, be made to supersede the neces
sity of the county court altogether. 1 can
sec no reason why attomies could not as
well attend these inferior courts, and
there be allowed a reasonable tax fee, as
in the county court. 1 hey would not
probably often do so, unless they were
well naid. but if thev must be oaid, (and
paid they must be,) why not pay them
I would say let suras under $100, of any
character, be decided here, and then let
an appeal lie to the Superior Court.
I would mention, by the bye, that it ap
pears to me, that many people.entcrtain
a very imperfect idea of the authority,
dignity and responsibility, which belongs,
or ought to belong, to the office of a ma
gistrate. Indeed manv who hold it. ap-
j . .
pear to be insensible of the dignity and!
authority which the law supposes 10 at
tach to the appointment. Let "the thing" j
be altered. Let the necessary altera-j
tions be made, and wc shall find magis-j
trates exercising their legitimate authori
ty and sustaining their proper dignity.
There would be uniformity in iheirdc-j
cisions-Mtiere would be regularity in tnej
collection of debts no man would be
called upon to pay a debt instantcr no
man's property would be sacrificed, and
while the defendant would have due no
tice of a coming crisis, justice would be
done "speedily and without delay."
" Fiat justitia mat castum."
PniLO-CoNS T1TUTION.
No doubt that the girl was murdered by
the incendiary and robber. No discove
ry has yet been made of the monster.
Fayetteville Obs.
Charlotte, Oct. 5. We are informed
that a report has been put in circulation
thai Charlotte is very unhealthy, and that
4 or 5 die weekly. We are glad to be
able to contradict this report and say that
the citizens of this place have not enjoy
ed belter health for several years. It is
true, that we have had one or two sudden
deaths and some sickness, but at this
time there is not a case of fever to our
knowledge in the town. Jour.
C7Vc copied last week, from the E
denton Miscellany, a paragraph, stating
"that the wreck of a vessel, supposed to
be the steam packet David Brown be
tween New York and Charleston, came
ashore at New Inlet." This we find now
to be an incorrect surmise, as the David
Brown was up at New York for Charles
ton on the 5th inst. Chapel Hill liar.
Speaker of the House of Representa
tives. The Albany (N. Y.) Journal, in
an article on the election of Speaker of
the House of Representatives of the uni
ted estates, pays the following compli
ment to one of the Delegation from this
State:
"Among the gentlemen spoken of for
Speaker of the next House of Represen
tatives, wo are happy to find the name of
the Hon. Lewis Williams, of North Ca
rolina. Mr. Williams, upon the retire
ment of the venerable Newton, becomes
the Father of the House. He was for
many years Chairman of the Committee
of Claims, and in the discharge of its la
borious and responsible duties, was emi
nently distinguished for his untiring in
dustry, patient research, and incorrupti
ble integrity. He is among the few pub
lic servants who have encountered all
the vicissitudes of trial, and been found
ever faithful."
FRIDAY, OCTOBER IS, 1833.
Cotton. Notwithstanding the discouraf inw
accounts from abroad, we find this article is stiil
in good demand in our home markets, and pii-!
ces fully sustained. The Petersburg Times of!
last Tuesday says: "About 2,000 iales arrived!
last week, and were sold at 16 cents. Some de 1
cline in price is apprehended, as the accounts
from England, and from our Northern markets,
are unfavorable."
Good Prospects for the Farmer. The
Newbttrn Spectator of the 11th inst. says:
"If ever there was a season in North Ca
rolina which especially deserves the ap
pellation of prosperous, this is the one.
Produce of every description finds not
only a ready market, but brings a high
price. Cotton, corn, bacon, butter in
short every thing that the farmer offers
for sale, commands such rowurds for his
past labors as must satisfy his utmost
wish and encourage him to enter on the
toils of the coming year with renewed en
ergy and hope. And what is yet more
consolatory and cheering, the prospect
in advance speaks of a continuance of
our prosperity."
Raleigh, Oct. 15. Jonathan Lewis,
chnrged with having set fire to this city,
in June last, was tried at Franklin Supe
rior Court, last week, and acquitted. We
understand that Judse Martin, in hi
charge to the jury, seemed decidedly of
opinion, mat tne nre was the work of an
incendiary, but that the evidence was not
sufficient to connect the prisoner with
it. Register.
Murder and Arson. We learn that a
deed of horrible atrocity was committed
m the lower part of Moore county, near
the line of this county, on Sunday last.
Hie family of Mr. John Mcliirinon be
ing at church, except a negro girl who
was preparing to follow them, his house
was set on fire and burnt to the pround,
the remains of the girl were discovered
t .TnQnT8' 1nd Vrunk whic,J con
tained $250, found in the woods, a short
distance off, broken open and robbed
Boonscille, (Missouri) Sept. 19. Gov.
Stokes, of North Carolina, one of the U.
S. Commissioners to settle and adjust the
boundaries of Indian lands somh and
north-west of Missouri, passed through
this place on his way to Cantonment
Leavenworth, on the frontier. The ob
ject of his present visit, as he informed
us, being to settle difficulties with a re-
factory portion of the Kickapoo tribe,
who have refused to live upon the lands
allotted to their nation and have cross
ed over on those of the Delawares.
cnlecn persons were landed at Ecx,
dangerously wounded, not more than half
of whom, it was thought, could recover.
(LTThe Philadelphia papers contain,
the following Card from Mr. Duutpc,ute
Secretary of the Treasury:
A Card. W. J. Dunne, finding tint
his name is used by each of the contend
ing parties at the present election, t0 pro
mole their several purposes, without ru.
gard to facts or to his feelings, deems ita
duty to himself to request the public riot
to give credit to any publications resp,.c
ting his principles, views or sentiments
unless sanctioned by his own name. H.
cent occurrences at Washington have
produced no change in his principle
nor can flattery on one side or menaces
on ihe other, divert him from the cuur$o
that he has pursued from the first mo
ment at which he was competent to think
for himself. October 7, 1833.
Florida. The Baltimore American
says: 44 We have seen a letter from a
gentleman in Quincy, Florida, dated in
September, which contains the following
paragraph:
"There are now several gentlemen
here from ihe West India Islands for the
purpose of ascertaining the fitness of our
lands for the cultivation of sugar. It is
their opinion that if the design of the Bri
tish Government in relation to the eman
cipation of the slaves is carried into ef
fect tho planters will be driven auay
from their estates. These gentlemen
think that by managing the cane as thny
do in the islands this will prove a fine
sugar country."
Dentistry. The Newbern Snectator
of the 4th inst. remarks: "The death of
the young gentleman Mr. George B.
Stanly whoso natne appears to day un
der our obituary head, offers a serious
admonition to those who submit impru
dently to dental operations. During the
last three or four years we have had a
rapid succession of visits from itinerant
dentists, each superior to his predeces
sor, and each reaping a rich harvest from
our credulity, leaving us, by great good
fortune, nothing worse in return than
symptoms of lockjaw and injured teeth.
These warnings were insufficient, and
we have now to witness and lament the
melancholy effect of our temerity. We
do not pretend to say that want of skill in
the operator, or arr injudicious applica
tion of it in the present case, caused the
death of Mr. Stanly; unfortunate results
may attend the efforts of the most expe
rienced practitioner; but the employment
of the dentist has become much too fash
tonable for comfort and safety, and we
wish to .leery unnecessary practice and
inculcate caution."
" Beauty and Booty:' There is pro
bably scarcely an individual in this coun
try who docs not recollect the charge
made against the commander of the Bri
tish army at New Orleans in 1815, that
on the memorable 8th of January his
watchword was "Beauty and Booty!" im
plying that in the event of the capture of
the city, it was to be given up to the plun
der and violence of the soldiers. It is
matter of surprise, therefore, that after
? having remained undisputed for nearly
i J 9 years, the charge is now full v dis'urov-
en. it appears that the charge was not
known to those most interested in its re
futation, until stated in Stuart's "Tineo
Years in America," into which it was co
pied from Eaton's Life of Jackson. On
its thus coming to their knowledge, th.y
publish a certificate, declaring that the
whole story is utterly false, and that it
was not before denied because they nev
er before heard of it. This certificate is
signed by Lieut. General Lambert and
K ane, Major Generals Thornton and
Blakxtit-y, nnd Col. Dickfou, who n. ro
the principal officers, and iluuuuli whom
nil orders to the troops were promulga
ted. Fay. Obs.
n7n . Hurtford n the 9th inst.
when off iie north parish of Savbrook,
both boilers exploded, d so great was
the eonciiHion .lint hardly a fragment of
onehUT There upward, o
one hundred passengers on board-abou.
twenty-, nre b(ldy burne(Ji
XlTnf f,r,tOU8ht Cnm,ot survive- The
clerk of the boat, two of the hands, and
tWO DUSSCnner .:: .... . .' .
ly blown into the stream and lost. Sev.
Miss CrandalVs Trial.-A letter from
Brooklyn, Conneeticut, in the New York
Commercial, gives an aceount of the
conclusion of thi famous trial yesterday,
before ihe Supreme Court, over which
the Hon. D. Daggett, Chief Justic e of
the fetate, presided, for harboring and
boarding foreign blacks. &c. The de
fence rested entirely on the constitution,
ahty of the law in question, and when the
case was committed to the Jury by Judc
Daggett, the charge presented the most
able, lucid and conclusive constitutional
opinions ever pronounced in this State.
He established, by unquestionable legal
deductions, the constitutionality of the
Connecticut law, which had before been
so much misunderstood. The jury gave
a verdict, with little or no hesitation,
against the defendant. All who heard,
or who may hereafter have an opporiuni
ty to read, tins learned exposition of tho
right of this State to pass the law in
Tfi0?' fr-r ilS Wn Prolecl"n, will bo
satisfied of its soundness.
atKl frZm ,EurPe- B 'he packet
ships New York and Thames, Lon.lon
papers to the 3d and Liverpool to the
5th September have been received at
New York. A Liverpool date of Sept.
2, says: "Our Cotton market in the early