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RALEIGH, (N.C.) viTX'tKD. VKERLTi Bt A. LUUAI. . Kf,trfihfian Three dollars ner vesr. one Ilf lervuvj 't - - . . i to b paid in advance, paper to be continue! ion.. ,tt than three months after a year's subscription be comes due, and. notice thereof shall have been given. j dertitemenlt, not exceeding 14 lines, are inserted ihrice for. one dollar ; tor, twcnty-fie cents each sub sequent insertion : and in like proportion where there s a greater number of Jineathan fourteen. The cash mTisJ accompany those from persons unknown to the 1 f .'.it or. , . ., : V;i BuhsTThiiioir can In i'anv case he received without ''".u.vmeiit f t least ftl 50 in idvanee; and no discon- lmiauce witluut Da merit, of arrears, unless at .the ..!)tion ofthejfeduor. INDI A N 1 XT :LL LG E fi C K. FROM THf. TRASJaiN QA-ZtiTTE. rxtracl from the JMrtftf 'of-' agt8m&:&' xdlingin Vie Southern sertian nf the if n ltd Slates. - The Indians inhabiting the cVnuiiry l) ig between Georgia and r!ij Mississippi river, ould bring into tyc Arid about 11, 000 war riors. The Choctaw WOO . Creeks 350'.) Clicroktcs 100, Chickasaws "" 1300 ' Seminole 1000 This force if embodied and hostile, would be a serious enemy to ' the United States. Fortunately,, however, there exists among the uff'-rent tribe?, jealousies and enmities that will prevent such an association ever taking hire, and enable the United States in the e vent of hostility with tithor, to employ as ac tive allies, any of the nations. The Creeks re frtimerly the mosfwarlike, but the severe same point. General Jackson had in vain endeavored to procure provisions, tat this force . and a correct idea may . be formed of the intrepid cast of his character, from the circumstance of his starting, with 2000 men, on a march of to days, through -'a wilderness, when his only means of subsistence wa9 a daiiy pint of corn for each man -and when he well knew, that on bis arrival at Fort Scott he could procure Out a ver scanty supply. At Fort Scoft General Jackson found the regular troops ami frientlly Indians. The movement of the Tennessee Volunteers had not been marked with the same boldness as that of the other troops ; apprehensive of a want of pro vision, they halted on b m u , nd had not yet joined. . General J.i kson. advanced into tiip Indian coary,,ifrtroyed their villages, nftd fjtterii Flnrirfa ii'tak posiwsstpn. f St, Marks., The Indians fleiivbeforc him, and the Jpantards dared not oppose' his progress. Tt state of Georgia affirms hot lew of the lecesaaries for the subsistence 'na.n artrty. arid he face of thecounfry in which gwHeral Jark ;m operated, abounded with invincible imped (nieiiis to transportation in wheel .carriages; great, therefore, wcrtvthc sufforin of the troops subsisting upon a pint of corn forte aot as the uhima ratioregsia, boras the Mr. Ratm?. Yes, my IfiraV'Be would net 6ritresrt Af UJividaaliif and who look upan permit me to gd into evidence, taking it for courage as the -'neatest, of bnnjan attriaalei:' granted that 1 should be able 16 prove the easa nit cnaraowr mis nor my oeeao,uat aeqair-ii naa opened. ' x was net permitted to go n ed an extraordinary east of vigor -a .belief! . . ' i.L! -.V .L a m d . mat any toing witnin ioe poweri man 10 ac complish, lie abould ncvr despair ef effecting, and a eoavietion that courage, activity and preservanee ean overeome, what, to ao ordina ty mind, would appear insuperable obstacles In society, be is kind,' frankf, unaffected - and hospitable', cadotvtd with much natural grace and politeness, without the mechanical gentili ty and artificial, flimypdUsb, trtbe found in fashionable tifr. ... Among the people of (he wesVJwLjpopuUri ity is unbounded old and young speak of Jtim wjlb rautaret and at his salt, 30,000 of the mst ef&iiiat warriors of this eoatiaent, would rWe,rioHl and ready for any enemy. Having entered l be military service of his country at a lafe poriml in life, gn. Jackson ap ears un;ifire of the necessity of strict dis cipline an H'ibiirilinition, and being utterly fearl8 of responsibility himself, atul always taught to beli-ve limt lii personal liability wouhlff a juslifiBatiou of bis Conduct, lie dues not n'iK3iantly reflect how intimately the cha racter oft he country i associated with disown now lie U an officer ; and that although he may aect'it it. Ijav Intelligence. rnarrl.m - throiirrli sivamns anil mor:i3SC8.!fely nfler his perstj-ial sacriBoc, yet it places Wading creeks' and slcepin? on the wet' ('ie government ia a most delicate situation to ground, without shelter wcr? privations cn: durwl from motives of the purest patrtafisiK. and in which the Genera participated equal ly with the meanest soldier in his army. General Jackson was now about t(r move his troops from Florida, when! he discovered that the governor at Pensacola, instead yfex-j ertiner himself to fulfil the treaty existin? ha- COUilT OF KIND'S BKtfCH. LIBERTY OF SPKKCH ATijTHE BAH, Hodgson, Gent, vs Scarlett, Esq. Thiit was an action brought by an attorney a- gainst Mr. aearlett, the King's counsel, for slan w o. , V Z , iZr t tween the United States and his king, by derons words spoken by tha latter, of and -eon-coui iriio uic year umiiimiu-u tncsr; . . , . , ., - , . -V: ?.' h i rin iv ta trial u( TiHrwaalpr. :H,n,l,CrS andihfr ? I" ? l2 2!. '. f:Cl" from savages within his d,ninionS, had base- i whi.k tfie pl.ioliir aeted us attorney for one ly violated the. Spanish faith, and - protected, ofjbe parties. he words declared opon, and encoaraged, and furnished with the means of b.een l",k,J hJ the dlendaut, , however, enemies to be despised ; in perso rial courage they', are sc.'dom deficient, but like ;tl I irregular troops, living no uSeaot mjiita aiicc upon' each, taught by discipline to the formed soldier, and so essential to victory ; they will always be defeated unless they are the assailants, or are attacked on ground ex ceedingly advantageous to them. Their capacity to endure great fatigue, Watching, hunger ; their pereonallactivity. knowledge of the forest," added to their cou i.ern, Mr Hodgson is a fraudulent and wick- Flea, toe general issue, not guil- i . a. n in t n vji tin s net uuiius iil iiiu auiiiu tiuiLi aa v . & ry comuiiiatious, or mat connuence auu reii- . ' , , . .. . .. ' ,. : . a, , -ed attorney." ... .v ... At the trial b fore Mr. ISaro.i WoaJ, at ntjjy. and waging a war of destruction:,;.. i., r.,,. h .,.., fi.,a;t:r-.i,. i uic lasi usaii.ci ui iiiv v ' u wa ajauwHS i s a iiiv against the most lovely and most innocent part piaiat,(rwM nou-saiteJ ;ihe le of our popu!ati )H. General Jackson consi-,;,,,. , i,, friw; Uiat word dered lUxt this breach pftreaty authorised hirn rijtcr in discharge of his forensic to take possession of Hcnsacolai knowing well uot actionable. earned Baron rul- spoken by ;i bar- duties vvere it was the only Tnovement that could afford; Mr. Haine now moved for a rule to show cause thcefHctual protection he was bound to cive'-wbv the non suit should not be set aside, atida '""! . i- l i ! , . : .. I . ...I ...I lU .mi. rage, render them In a close countryim ;uu7 l luai W&lLBmwl co;n-rw 5 - W " - tMHWA.'VWJII ym .g.vo W l Flic learnu I couusel, in stating the circumstan Ccedingly dangerous foe. The Semintiles, with whom we wasred the last war, inhabit a tract of country, pat t of which lies within the United Sratc3, but the larger portion lies beyond the lino separating it from Florida. ,ey were originally a small party of banished outlaws, driven from among the upper and lower Creeks, whs in creasing in numberliving in a country ex ceedingly difficult to penetrate,- assoclaTetl t.'ieinselvps with a band of desperate runaway negroes, and instigated by their natural fero city, and the artifires of British traders, hate always manifested a disposition inimical to the United States, and have since the year t8l3, been notorious for their depredations upon the .whites. ' fn August last it was very Well ascertain ed that they were the authors of several mur ders committed iipoilne white inhabitants of the frontier. A patient endurance of suffer ing is always regarded by the Indians,' as an indication of weakness, and is sure to produce a repetition of the insult or injury. General Gaines demanded that the murderers should be given up. it was answered with taunt and defiance ; and let it be remembered, by thos who accuse the country of pursuing a barba rous policy towards the people, and endeavor to involve theni in wars, that vhen Pepiti coxy, the principal warrior and leader, was asked why he was thus hostile to the United States, he replies, by acknowledging, "that the government was always ready to do hiiu justice, and to make peace with him, , but that "war was a fine manly exercise, in which be wished to practice his young men I" ' ' " The 7th Regiment crossed the Flint river, dispersed tiicflndiafis, burnt fowl's town and returned. This act of war was prematura : the troops we had in tlw field so far from be-1 ces of the easa. set out by observing, (bat the word alleged. to have, been uttered, were spo ken wills reference to the supposed conduct of the plaintiff 111 the' former case, in which he lud acted 'm attorney for I be then plaintiff, and in which case Mr. b. had acted as coiinsel for the thsn defendant. On the oncuic of the mand 5 and although potitR-uns" may argue in their closets that general Jackson exceeded his authority, and treated-Sp-iin with less res pect than she was entitled t, yet the course of conduct he pursued wjll b - justified by eve ry high minded man, having at heart the true honor and glory offis cour.tiy. What was general Jackson coolly to remonstrate, and politely correspond ith the despicable repro- casie ttl l lc trial nor under consideration the icntatirc nt an imbecile tyrant, with a pen learned Baron said, that the action was of a dipped in the blood of his fcilnw-citi'zcns ; or novel nature, and eould not be stulsiiied j for, was he calmly to look on and witness the ! if such aetinn were encouraged, there would butchery of his couniry men, while he waited be a multitude ol a similar nature, and the two mouths to hear from Washington, whe- greater part of the time of courts of justice fher the violators of atrslv. nnrt th nrnfrrJ would be oceup-ed iu trying aetiocs for words ,Kt ikA -spoken bv couiuel iii adrocatiDe .Ilia caes of chastised?. The American general was not iht.r respective clients, at iho preceding As-j..n.n-ir.' - .1 . e i sizes; and the earned liaron assiimlateU the United States, and punishing those who 7-of HttHiament. Now, the learned counsel sub couraged the murder of his countrymen, by ! milI8jf ,,1Ptt the loa ned judge was wrong, first any tl.mscy, wire-drawn, sophistical argu jia hli nt,u in lU e.Miipari.ou. The nets. 1 privilege of speeeh iu parliament tvas quite The opposition of the Spanish troops was'distiuct fom that of tha bar, things said in ! illy calculated to sccasiou a display of the lull devotion of the American army . The governor retired at theie approach, and shut ting himself in the Barr mcas, declared his determination not tosurrlmier. The Barran cas ia a fortress, situated 011 the southern cape of the bay of Pensacola ; it consists of a heavy water battery on the beach, protected by, and communicating with1, a regular work on the bluff. Although this work cost the king of Spain an immense sutn of money, yet the low er battery H entirely inadequate to guard, tlje water communication into the bay, and tho up per work cannot sustain an attack from the meanest tt ai n of artillery. The parapet consisted of a sand mound, sup ported by pine pickets and unprotected by gla cis ; conflagrate 'these pickets, the sand must j fall into the ditch, and there is no impuimeut inr nlili. tf c!..,. i, 1 'M t tl ,;;rTle ma. chine-"to the:, centre of the " lw ihiii in , air concur, lnc In- .1 tlians a.sembI6d, "attacked a boat driver, .captured if, and put to death 0 persons composing its crew ; they advanced Upthe w?er;;;6urroundiMl.oupops in F(rt Scolt, and cut off their communication. Ge neral Gaines called upon the state of Georgia lor 1500 militia, these men importunately, were . .oelailed but for two mouths, and before they could approach, .towards the enemy, that pe. M cipired, and they 'returned to heir bomes. ,: -,..'.. r General Gaines made a .'second call upon Borgia, for 2000 men for six months ihey wsembicd at Hartford j General Jackson was authorised trKocept the services of 2000 Miucssce Volunteers, to call out the friendly . Wlan9 and f fh!- C.L.1 1 :ie wTTi., hp 1 ucm 1UU13CI1. iriin place. J4 customed activity, he rapidly organized to? men for '-'vice, and giving tltem orders H7"vairaic at Fart "Scott, he proceeded idngJiimselLaf -the bead of 20r5'a militia, moved them towards the Gen. Jackson caunonaded the fort : the gat risnn discovering that scaling laddj&rSjpand oth er preparations were making for ttie assault, hoisted the white flag and surrendered. Gen. Jackson, with extraordinary forbearance, pcr miitcd the Indian chief who had sheltered him self in the fort, to accompany the garrison to the. Havana.; . ' General Jackson is a mora extraordinary per son than has ever appeared in our hisioryrNa litre has seldom gifted man with a mind so eom-v prehensive, or with a body better formed for activity, or capable of enduring greater priya tto'ns, fatigue and hardships. She has; been i qually kind to kinjii (be tranquUity of hi heart. General Jackson has no ambition, but for the good.of hi country ; it oeeupies the wbola f nis vuw,iO;tneexciui3u 01 su seiuso ui bte esasidera'.ioDf. Cradled ia the war of the revolution j oar tared amid the .conflicts that afterwards look plase between the XBerpaee Indians ini iheliTennesseans 1 bein alwayi lit who recard the annlicatioa of -o "r" . j. n trliumcnl were not cognizable in a court of conimoo la,w ; whereas, for words spoketi out nf parliament, a man might be civilly and criminally iiabie. No man was puuishable for anyJhing said by him m either house of 'Parli ament, as was decided in Lord Abingdon's me morable case. This was, however, a privilege which did not belong to advocates at the bar ; and, therefore, the privileges of parliament wero clearly distin'zuishalrle from those of eounsel. The learned Baron said, " as at pre sent adviaed, 1 tbiuk the action it not main tainable. This general and unqualified po sition, l! learued counsel submitted, was nut founded ia law. He must take the liberty in stating, Chat the learned judge laid the law down -too-generally, when he stated, that worda spokun at. the bar were not, in any case acliouabl?. Uul6ubtedly it was necessary for the protection of his clients interests, that au advocati 1 should have considerable latitude af forded him in advocating lie cause entrusted to his caro ; but the privilege of speech mast be exerciseid in tbe honest and conscientious dis charge of that duly. It could not, however, be disputed, (bat freedom of speeeh, which was so etsentiaK to (he interests of particular clients and of the public in general, might be so abus ed, as to. reflect upon the character of the ad vocate, and derogate from (he dignity of the bar. If an advocate thought proper to exceed the limits assigned him, and travelled out of his instructions to malign tbe ebar&cter of any man, he- Mr. K.) look it. to be a elear urinci pie of law, the defamatory words so spoken were as actionabias it tuey were uttereu iu Uis t,c auu luujTiuuai capacity ino abuse of sueh a privilege was as amenable to the laws as any other abuse calculated to In flict a. private injury. . Tne Teamed judge was. therefore, clearly wrong in his general position, that no action could be maintained gainst a counsellor for words spoken in court. Lord JSlen&orout.-Was it on the opening of the ease that the learned judge non-snited to evidence. Wben the learned jadge lays it down as a general rule, that no tetion of this kind, is maintainable, I apprehend be lays down that proposition with toe muchUtitade; Iaab mit, with the otmost deference, tbat this h net the law of the land. There is a ease ia Croke, Jae. 90, which shews, that- the aelioa is certainly maintainable. Tbat was the ease of Brook y, Sir;,Henry Montague, Recorder of , London, and 1 will read it to vour lordshina": " Aetion for words ; for that the defendant, Jg at such a place in Surry, spake these words ' or the plaintitt : that be was arraigned and -eonvicied of felony r &c j the dffeiidaBt pleads tbat the plaintiff u't another timo brnucht false hrprisoaaiaat ajaiost J. S, of the 8er- . geaflts of London, who Ju-ilifred tv warrant from Sir Xjhoks Molyj JSlJjir nf London, for arresting him to find sureties for good be havior, and they were therefore at issue, and found against the plaintiff, who brought an at taini ; and the defendant bein:; 1 consitiarius et peri tint in lege was retained to be of counsel with the petit Jury ; and n evidence at tho trial in London, spake those words in the de claration, and so justifies ; and Yelverton, and Coke, Attorney General, being of Counsel for the defendants, (he Court resolved, that tho justification was good ; for a counsellor in law retained, hath a privilege to enforce any thing which is informed unto him for his client, and to give it in evidence, it being pertinent to, lhe matter in question ; otherwise action upon the ease lies against him by his client,-as l'opham suid ; but mailer not perliaeot to the issue, or thejpialter in question, he need not deliver, for he is to discern m his discretion What he is to deliver, .and what not j and altho' it be false, he is excusable, being pertinent to the matter. But, if he give in evidence any thing not ma1 terial to the issue wiiich is scandalous, he ought to aver it to be true, otherwise he is pun ishable, for it shall be intended for ao action. So, if a counsellor object matter against a wit ness which is slanderous if there be cause to discredit his testimony, and be it pertinent to the matter in question, it is justifiable what he delivers by information, allho' it be false. So, here it is material to prove him a person fit to , be bound lo his good behavior, and in main tenance of the first verdict : therefore bis jus tilieaiion is good ; and Coke cites a case, 2f Eliz. where Farsou Triek, in a sermon, reeited a story out "of Fox's Martyrologie, that one OreenwoodTbcirig a perjuf ed" persin, and ' a -great persecutor, had. great plagues inflicted apon him, and was killed by the baud of God, whereas, in truth, he never was so plagued, and was himself present at that sermon j and he thereupon brought his action upon lhe ease, for calling bim a perjured person ; and tbe defen dant pleaded not guilty ; and (he matter being -disclosed upon the evidence, Wray, Chief Jus j tice, delivered the law to ibe Jury : that it be ing delivered but as a story, and not With any malice or intention to slander any, he was not guilty of the wurds maliciously, and so was found not guilty. 1 lieu: 6. 11. 20. Hen. 6.2V ind Popliam affirmed it to be good law, when he de livers matter alter his occasion as matter ; of , story, and not With any intent to slander any ; , wherefore, ir lliese reasons it was adjudged lor the defendant." Ob the authority of Ibis case, therefore, I submit that the learned Judge was. wrong., Here my learned mend (Mr. Scarlett) pleads ituly the general issue, not guilty, and does not justify. Iu the ease referred to, the justification ws matter ofevideuce, the fact be- . - ..... .a- ing capable ol proof. Ail 1 mean to contenu is tbat the learned Judge was wrong in his opin ion : too hastily pronouncing that the action was not at all maintainable. This is a question f very considerable importance, and 1 appre hend it to beguile indisputable, (if I may be permitted to so say), that the learned Judge was premature in Ins opinion. Lord Edenboroitgh. That, I think, is with out Uohbt. If the learned Judge had said that the words uttered were pertinent to the case, he . ' would be right in raying that the plaintiff was 1 wrong in his action ; but to say (hat lhe person who introduces, without any cause, vial is pri-. ma facie calumnious, is protected by his char acter ol counsel merely, is further than 1 am prepared to go. . Mr. Topping interposttd,-and said, that the words stated by bis learned friend Mr. H.ine, Were not the only words used by the defendant, as would have been proved it the case had gone on. Xpecase, nowevef-,-was '-ct-'.auily considered if the witness had been cal- ed into tlie ijox. uiid had piwod the words stated. - Mr. Jiaine said, that one ol the counts of the declara tion conui ncd only the words " Mr. feier Uodcson is A fraudulent and wicked attorney ;" but these were cou pled with others, which he ( MrTltV eertainiy peyef . meant to witntiold. 1 lie words stated in tne nrst count . were these : " Some actions are founded in folly -somo in knaver'v, and some in both- Some in the knavery of the attorney, some in the. folly of the parties. Mr. P. -Hodgson whs the attorney for ;lhe jilaint'iff 1 ' be drew the promissa ry note fi audulcntly, and got Beaumont to put into his hands 150 for the benefit of the plaintiff. This was one of the most profligate'thing t ever knew ... done by a professional man. .Mr.. Peter Hodgsod is a trsudulent and wicked attorney. . ... J f be court enquired Whether the former aetion wri upon a promissory note, and was iitformed by . Mr. S, jeant Hullock, Counsel for Mr. Scarlett, ,tbat it was f. money oad and received, tried bctore Mr. jusiice -oar Mr. Juttice BdUyl have no precise reccViectioo of the circumstance of the case, but it seemed to me. .1 . i 11 t,1 L .1 tJ : . L : . . . - uiai uicre wasiotiy in u. " a nuwu mai 1111 case was to be moved to day, 1 snould nave brought down my notes of the former trial. , .. A Lord ERenborbv'gh.:Vti the nature of the former ac tion ho laid before the Judge, ' as to enabte him tossy whether the observation-of the learned counsel was per. linens, or warranted unaer nc circumsiances r . Mr. jRne saidbshere wis no evidence ftaae into M -v..-
The Raleigh Minerva (Raleigh, N.C.)
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Aug. 21, 1818, edition 1
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